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HomeMy WebLinkAbout1985-10-22; City Council; 8381; Bristol Cove SiltationCI1 > OF CARLSBAD — AGEND. BILL y^ AR# F3ff MTG. 10/22/85 DEPT. FNH TITLE: BRISTOL COVE SILTATION WWnDEPT. HD.7S^q0- CITY ATTY\)E6- f^lTV MOD ^^^C^- O& Oz3 OO 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 i ; • - -v .' •it 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) • • 5 Attorneys for Defendant and Cross-Complainant JANSS CORPORATION 6 7 8 SUPERIOR COURT OF THE 9 FOR THE COUNTY 10 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 ) ) ) . ^—.^ • \ -^' - -^ 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 ... 1 * )r ^~^ — v( <^crc: 3 ^\ V ^>cb p, J \ ) ^_ J ) ) ) ) tied cause, together .v/ith through their respective as. follows: EXHIBIT 3 , / 6 7 8 9 10 11 12 13 14 !5 16 17 18 19 20 21 22 23 24 25 26 27 28 . MlTCIIi:i.L ii A 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 1 2 3 4 5 6 7 8 9 10 11 12 . 13 14 15 16 17 18 '19 20 21 22 23 24 25 26 27 28 k'alY. MiTOliU •,H.VUHIII r> Kn Hi r 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 7 -3- 1 2 3 4 ' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 .19' 20 21 ' 22 i 23 24 25 26 27 28 r. MITCIILLL til A KtCillY • -•Nlf iHfitf • • 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 n »-' -/• /» tt - /By / > /._/v/'V!-- L' : / J /!£fiJ''-7*> f t< ''it *-* * »••) 7 *• f •^~r <~ *r-' fi V' ~~) 1 •• ^ '/ «• " —1 '•*•• |*^ t. V, C-" »*i *^ ' *** ^* *" * J ' i **^ &* ** ' 'i * CITY OF CARLSBAD . * ^ ^^~~~> jt /^^P ' /^\^ s' / .S^ /^^/ p By &£^/dit''*f£-' &^^&6'~>'\ . JANSS CORPORATION x^ *?/</£tz&£<&*^de^^^ ' s' f HARTFORD INSURANCE COMPANY s. ^& . t ^? ^^ LS (. ' «— ( JEFFERSON INSURANCE COMPANY S/ / •' ' '~ ^ By "'//'///£,-/ /// 4^ "/^ .. . • ALLIANZ INSURANCE COMPANY p^ By <ff? <&J~C fS ^INSURANCE COMPANY OF NORTH AMERICA c /? ' J ' ^,/7 ^S By ^^^^^^^y/^f^r Sf/*f'<' S s' s «- " 6 *"("' "/c CHUBB/PACIFIC v^ BY ^T^^^^^y^^'^ •"""• "" ' "•"r INSURANCE CO14PANY OF PACIFIC COAST/GULF GROUP C s? s// S —y^' — *" By ^?&S^tV^/r $£'/'1 ^ (. ' i ,x - .• • ' -••* . - - ~ t. • •