HomeMy WebLinkAbout1985-10-22; City Council; 8381; Bristol Cove SiltationCI1 > OF CARLSBAD — AGEND. BILL y^
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MTG. 10/22/85
DEPT. FNH
TITLE:
BRISTOL COVE SILTATION
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RECOMMENDED ACTION:
1.
2.
Receive and file the report on Bristol Cove Siltation.
Tell the Bristol Cove Property Owners Association that the
City's obligations in contributing funds to a solution
have been fulfilled, the remaining minor problem of
erosion control will be enforced by the Engineering
Department and the burden of removing silt from the Cove
is that of the Property Owners Association.
ITEM EXPLANATION
Summary
The past problem of~ siltation of the Bristol Cove was
significant. Under a court order in 1979, the City initiated
and contributed $62,000.00 to an assessment district to build
a storm drain to eliminate a major cause of siltation and the
developer contributed to the dredging of the Cove. Part of
the settlement was that "The Bristol Cove Property Owner's
Association will assume the remaining costs of dredging and
removal of silt... whenever such costs may be incurred."
Exhibit 2 gives further details.
The current problem, which is relatively small, is primarily
one of controlling erosion from construction and grading
sites. As described in more detail below, staff is
agressively pursuing actions on this. There is a "window"
during grading activities when siltation potential is greater
than from natural ground. Once construction, paving and
landscaping is completed, the developed land is less of a
siltation problem than undeveloped land. Once the area is
fully developed, the siltation problem will become very
minor.
The Current Problem
In June of this year, Mr. Thomas Prey, President of Bristol
Cove Property Owners Association, appeared before the City
Council and- expressed concerns regarding the siltation of
Bristol Cove. Staff was directed to meet with Mr. Prey and
report to Council.
Mr. Prey met with Mike Brooks on June 19, 1985 and discussed
his concerns for more than two hours. He feels that
developers in the area have not put in adequate erosion
control, silt is coming from the site of the future "Pannonia"
Page 2 of Agenda Bill No.
property, the City should get Park Drive improved and Costa
Real's draining of the Skyline Reservoir causes erosion and
siltation in the Cove. On July 15, 1985, Mr. Frey met with
Richard Allen and Mike Brooks at Bristol cove and toured the
entire drainage basin and discussed the problem.
The Current Actions and Solutions
Since the meetings with Mr. Frey, the Engineering Department
has initiated or completed the following actions:
1. Cleaned and sandbagged drain inlets on Park Drive.
2. Notified developers in the area (including six
pointed out by Mr. Frey) to institute erosion control
measures.
3.' Notified Costa Real Water District regarding the
draining of the reservoir and requested they revise
their procedure.
4. Developments in the area are being reviewed more
closely with an eye to minimizing potential siltation
of the Cove.
5. Engineering staff is meeting and cooperating with
Bristol Cove Property Owners Association and their
concerns with the Pannonia subdivision and in
assisting them in finding a site for their dredging
spoils.
6. Park Drive improvements are under design by a
consultant who is also providing assessment
engineering services. Construction is scheduled to
start in February, 1986.
EXHIBITS
1. Location Map - (Not furnished by department in time for inclusion.)
2. Memo to City Engineer dated April 3, 1985
3. Superior Court Order dated September 5, 1979
APRIL 3, 1985
TO: CITY ENGINEER
FROM: Capital Projects Division Manager
BRISTOL COVE SILTATION - City Manager's action memo dated 3/25/85
RECOMMENDATION: Tell property owners that:
1. The City has performed all corrective measures recommended in a
previous engineering study.
2. The agreement reached in Superior Court states that the Bristol
Cove Homeowners Association will assume dredging and removal of
silt.
DISCUSSION:
These recommendations are based on two main documents: Bristol Cove
Drainage Area Study, June 1973 by Shuirman-Simpson Consulting Civil
Engineers, and a Superior Court settlement dated September 5, 1979.
The 1973 Bristol Cove study was done specifically to recommend solutions
to the siltation problem. Three o£ four recommendations in the study
are now in place: 1) Development of subdivisions east of Park Drive,
2) Installation of a storm drain along Park Drive from Hillside to Adams,
3) Installation of a storm drain between Park Drive and Hillside from
south end of James Drive to intersection of Hillside and Park (by an
assessment district).
The fourth and final recommendation of the study is to install a desilta-
tion basin on Lots 42 and 43 of the Bristol Cove Subdivision, if siltation
is still occurring.
A September 5, 1979 Superior Court settlement states, "The Bristol Cove
Property Owners Association will assume all remaining costs of dredging
and removal of silt or debris from Bristol Cove, whenever such costs may
be incurred."
The study also mentions that there is an existing 60-inch pipe which flows
along Bristol Cove to the lagoon. This pipe does not have the capacity to
carry the required flow and has been plugged with silt for years. The
study recommends it be cleaned out, however, it is likely that it will
re-fill with silt. Because the ground is very flat in that area, construc-
tion of another pipe will not solve the siltation problem and will probably
silt-up as well.
RICHARD ALLEN
RHA:cle
EXHIBIT 2
3
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I MKRVGV, MITCHELL, ASHWOPoTH « KEENEY
A p*nrNE?<jHir INCLUDING pnorzsfiioNAL CORPORATIONS
,) ATTORNEYS AT L-AW
B2O WCST AEH STRECT. tJUITU 2OO
SAN DIEGO. CAUIF-ORNIA 921O1
3 C7!4) 238-1234'
4
(Sr>A< r'_OW FOR PIUt.G STAMP ONLY)
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5 Attorneys for Defendant and Cross-Complainant
JANSS CORPORATION
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8 SUPERIOR COURT OF THE
9 FOR THE COUNTY
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11 BRISTOL COVE PROPERTY OWNERS
ASSOCIATION, a California
12 corporation,
13 'Plaintiff
14 vs. .'.'.-
15 JANSS CORPORATION, a Delaware
corporation, and DOES I through
16 X, inclusive,
17 Defendants
18. JANSS CORPORATION, a Delaware
19 corporation,
STATE OF CALIFORNIA
OF SAN DIEGO
)
) No. N 8007
>
)
j
) STIPULATION RE '
) CONTRIBUTION TO
) COSTS OF FORI/iATION
) OF DRAINAGE
) DISTRICT AND SETTLE-
) MENT OF PROCEEDING
)
)
) . ^—.^
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20 Cross-Complainant ) ( ^ 'Jr ' 1
21 vs.
22 CITY OF CARLSBAD, and DOES I through
. C, inclusive,
23
Cross-Defendants
24
25 The parties to the abovc-cnti
26 certain insurance companies, by and
27 counsel of record, hereby stipulate
23 ...
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tied cause, together .v/ith
through their respective
as. follows:
EXHIBIT 3 , /
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1. The terms of stipulation and settlement hereinafter set
forth are contingent upon the formation and .approval of a
Drainage Assessment District (the "District") by the City of
Carlsbad and the completion of certain improvements more particu-
larly described in the Debt Report prepared by Bement, Dainwood
s Sturgeon which is titled "Bristol Cove Assessment District"
("The Report").
2. Janss Corporation will pay the Bristol Cove Property
Owners Association's assigned contribution to the District as
set forth in The Report in the sum of $75,000.00, and a portion
of the assessment assigned to the City of Carlsbad in the sum
of $13,000.00.
3. The combined insurance companies, namely, Insurance
Company of North America, Chubb/Pacific, Hartford, Insurance
Company of Pacific Coast/Gulf Group, Jefferson Insurance Company
and Allianz Insurance Company, all on behalf of the City of
Carlsbad, will contribute the balance of assessment assigned to
the City of Carlsbad as set forth in The Report in the sum
of $62,000.00, of which sum Allianz Insurance Company will
contribute $12,000.00 and the remaining named insurance companies
will each contribute $10,000.00.
4. The foregoing contributions total $150,000.00 and it is
contemplated that as a part of the implementation of the District
the upstream owners who are not parties to this action will
contribute $128,272.00 as set forth in The Report.
5. The amounts to be contributed by Janss Corporation and
the insurance companies as heroinabove set forth will be committed
by letter oC credit, but will not be drawn down until the District
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k'alY. MiTOliU
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has been confirmed by the City Council of the City of Carlsbad.
In the event the assessment district proceedings and improvements
are not completed, any such monies that have been drawn down by
the City of Carlsbad will be returned to Janss Corporation and
to the insurance companies, respectively; provided, however, the
City of Carlsbad shall be reimbursed for all out of pocket monies
actually expended by it directly attributable to the formation
of the District pursuant to an allocation to be agreed upon by
the parties to this stipulation or in the absence of such an
agreement, pursuant to an allocation determined by the presiding
judge of the above-entitled court.
6. The contributions set forth in this stipulation are
subject to adjustment by the Engineering Department of the City
of Carlsbad; provided, however, any party to this stipulation may
withdraw from this stipulation, without prejudice, should the
adjustment be found unacceptable to that withdrawing party.
7. Janss Corporation will contribute the sum- of $73,500.00
to the Bristol Cove Property Owners /Association for dredging of
Bristol Cove. The Bristol Cove Property Owners Association will
assume all remaining costs of dredging and removal of silt or
debris from Bristol Cove, whenever such costs may be incurred;
provided, however, Janss shall not be obligated to actually pay
said sum to Bristol Cove Property Owners Association until the
improvements delineated in The Report have been completed and
until said Association and Janss Corporation shall have dismissed
this action with prejudice as to all parties and mutual releases
as to the matters raised by the pleadings herein have been
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r. MITCIILLL
til A KtCillY
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executed by .all parties, which shall include a release pursuant
to California Civil Code §1542.
8. Upon" the completion of the improvements described in
The Report, the settlement herein
i performed and this action shall be
set forth shall be deemed
dismissed and releases executed
as set. forth in the preceding paragraph 7.
DATED: September 5, 1979
BRISTOL COVE PROPERTY OWNERS
ASSOCIATION
FEIST, VETTER, KNAUF & LOY
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