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HomeMy WebLinkAbout1988-05-17; City Council; 9435; CITIZEN REQUEST - LA CRESTA AT COLINAS DE ORO HOMEOWNERS ASSOCIATION, 5 , .%. ?. Cl-YgOF CARLSBAD - AGEN-BILL 7'7 I I AB# ?YL?3' DEPT. R/AC LA CRESTA AT COLINAS DE OR0 MTG. '5 11 7 188 TITLE: CITIZEN REQUEST - HOMEOWNERS ASSOCIATION DE CI' CI' 1 I RECOMMENDED ACTION: c f- &"!e /.& VJ A (d W 0 m &I a, 4J 4-1 (d u &I 0 a a, h v1 1 4J cd u 0) (d a U a) m : v a, u 4 .d 2 1 0 0 03 03 I r- 4 u) I z 0 .. 5 6 a z 3 0 0 Consider the item as requested by the La Cresta at Colinas De Oro Homeo Associ at ion. ITEM EXPLANATION: On April 26, 1988, the City Manager received a letter from Ms. Mary K. president of the La Cresta at Colinas De Oro Homeowners Association, requesting that the City Council hear the Association's concerns regard this Homes by Polygon, Inc. development. Colinas de Oro is located in the Southeast quadrant of the City, bounde Rancho Santa Fe Road, Olivenhain Road and Calle Barcelona. The Homeowners Association contends that a number of deficiencies in th development are not being addressed in a timely manner, such as, defect concrete work on streets, gutters and sidewalks, and inadequate landsca and erosion protection on the common area slopes. The Homeowners Association would like Homes by Polygon, Inc. to correct problems in Col inas De Oro. EXHIBIT: 1. Letter to the City Clerk from Ms. Mary K. Miller, president of the Cresta at Colinas De Oro Homeowners Association, dated April 21, 1 * .. . !. )I m e LA CRESTA AT CGLINAS DE OR6 HOMEOWNERS ASSOCIATION April 21, :sesLp*, I.. .e *. -e " +- .-, . ., , ,. .( : :,-:' 4 City Clerk City of Carlsbad 1200 Eh Ave. CarlsSad Ca. 92008 ml9 CITY MAMA tail :.., >*j.: -,.. "*f ""-d Request for City Council Agenda item The Board of Directors of La Cresta at Colinas Oro HOlmeGWnerS Association hereby request that the following i be placed on the agenda for a near future City Council meeting spokesperson and other concerned taxpayers will be present discuss this item. Colinas De Oro, a complex of over 250 sin family homes, has been under development since 1984 by Homes Polygon Inc. The development was built in stages with the 1 phase completed and occuplei2 in October 1986. The development located in the southezrst portion of Carlsbacl, Sounded on th sides by Rancho Santa Fe Rd., Olivenhain Rd. and Calle Barcelo The Board of Directors of La Cresta Homeown Association became concerned well over a year ago that ma deficiencies in the development were not being addressed corrected by the developer. A meeting between two Directors our Board and two members of the City of Carlsbad Engineer Dept. (Dan Clark and Harold Johnson) was held ofi June 5, 1987 disctass these concerns. A copy of oar internal report of meeting is attached as Exhibit "A" for your information. major points evolving from this meeting were that {a) the C was well aware of most of the problems raised but were giving developer I'time" to work them out, and (S) the City would shor be preparing a formal "Tunch List" of items for correction present to Polygon, at which time a deadline would be stipilla for completion of the work. Aftey foxr months of no action whatsoever, association requested a meeting with Councilperson Anne Kulc to seek her assistance. On October 13, 1987, such a meeting held with two of our Directors, Anne Kulchin and Loyd Hub where the problems were again discussed. Mr. Hubbs stated that Punch List €or Polygon had been prepared at that time, but not yet been given to the developer. See attached Exhibit including cover letter dated October 6, 1987. Please note t the cover letter stipulates that unless repairs are completed 30 days, a complete re-inspection may be required. We underst that this punch list was delivered to Polygon within a few d after our October 13 meeting. While there are 56, individual it on the punch list, the most significant ones involve defect concrete work on streets, gutters and sidewalks, and inadequ . .I . r. 0 0 landscaping and erosion protection on the common area slope, including drainage disposal. It is now almost seven months from the date of t October 6, 1987 .punch list and the only visible progress that h been made has been (a) a portion of the concrete work in the la phase built was done, and (b) a portion of the SlQp@S we re-hydroseeded .... and subsequently washed away in a rainstorm few days later. In this regard, Engineering Dept. sta informally advised us that this item would not be approved unle 80% growth had been achieved, but no further reseeding has be done. The time delay on work corrections has been long enou that spray paint used to mark the required concrete repair spo has worn off and recently had to be re-marked. We fully recognize and appreciate that the buildi moratorium has put a severe strain on City staffs in formulati and administering a totally new concept for the future Carlsbad. However, now that the moratori-irm has been lifted this area of the City, we are concerned that inadequate attenti is being focused on cleaning up prior developments. Befo approval for new construction is granted, deficiencies existing communities must be remedied. Whether or not t building of another 102 homes on adjacent property to comple our originally planned community is in the immediate future, t deficiencies in our existing development must be correct without further delay. We therefore request that this City Council ta immediate action to force Homes by Polygon Inc. to correct t problems in Colinas De Oro to the satisfaction of the Cit Certainly we would expect that this developer be denied a further building permits in this City until such corrections a made. Please contact the writer regarding scheduling this agenda item. Sincerely, -/jqatc;h ++?%4eJ 6 Mary K. Miller, ?resident 7958 Calle Cozumel Carlsbad Ca. 92009 c ' .I ' 4 .1 8. e a C Kotes from meeting with City of CarJ-sbad personnel, 6/5/87. e;l Present: City: Daniel R. Clark, Associate civil Engineer i a Narold G. Johnson, Seniar. Construction Inspec La Cresta: Dick Klise Mickey Matheson Klise ti Matheson outlined the two arezs of conc La Cresta Homeowners: (a) Further or new development on th adjacent to La Cresta, and (b) The existing cozmon area con left by Polygon. (a) (1) John,son and Clark did not have speclfic informatlsn with Polygon's status regarding futu.re development of the land a to La Cresta. They promised to get back to us with that infor (2) Future deveopment of this property by another developer require public hearings, at which time comments from the would be accepted. The City PPanner assigned to any new dew would take into considesstion the earlier City requirerr Polygon that the Recreation Area (L0t $179) be extended anot feet in width. (3) Regarding OGP question whether any new developaent adjacent land wouldr be, could be GY must be a part of our E Homeowner Association, they su.ggested we cantact the Cal Dept. of Real Estate, or consult an attorney. (4) Regarding ow question if there would be any problem wi City if Polygon gave or sold the two unbuilt lots between tk Area and the last house en Anacapa to the Association in lieu additional 50 feet, they said only that as far as the two IC concerned, The City would cot have a proble~, that they wc subject to normal City building codes, but that title could transferred until such time as development plans for the 2 area were approved and reccjrded. a (b) ( 3- 1 The City as yet has no formal "punch list" of items correction by Polygon, but they acknowledge there are many 1 to address and that they were giving Polygon time to corm of them before formalizing the list. They are'aware that POXI left the site, and the City 4s in the process of contacting t an on-site inspection to prepare the list. (2) The City has not accepted ANY streets or sidewalks ir Las Brisas OF La Cresta, and deficiencies found will be put list. (3) The City DOES require a final inspection and approval common area landscaping and slopes. In fact, two City depl involved .... Engineerfng Dept. for soil stability and erosic the PTannlng Dept. for conformance to approve6 plans (includc of plants, spacfng, ground cover, irrigation, etc.) This ins will be part of making the lists. 0 . _. .. -. .” e 0 (4) The east side of CaPle BarCe:lOna from Rancho Santa Pe E t~ the old Sales Qffice parking lot is NOT part of either La? or La Cresta development. The co~cSusion was that Polygon lax and maintained this strip during the Sale5 prcgram far ( reasons only. It is not curreEtly being maintained, although the plants have survived. (5) Other specific problexs raised and which the City was aware : a - Slope irrigation and drainage problems. - The 20 foot strip of lot #261 behind Vera Cruz which has 1 - Lighting for steps behind pool. They were non-committal. - Garbage dumping areas (eild, of Anacapa, Sales Office parkir - Street drainage problems. Miifor concrete corrections requj - Street light at end of Anacapzd (to he checked out). landscaped. area, behind pool area) . 0 a -\ v. . . ; . a - 2075 US PALMAS DRIVE CARLSBAD, CALIFORNIA92009-4859 Office of the City Engineer QJitu of 4krlsbah DATE: OCTOBER 6, 1987 TO : Stephen D. Hardison Homes by Polygon 23161 Mill Creek Road Laguna Hills, CA 93653 FROM: HAROLD JOHNSON , Construction Inspector SUBJECT: "PUNCH LIST" for VISTA SANTA FE, CT 81-16, PE 2-83-37 dated (Beginning) 7-30-87 & PE 2.84.37 In compiling the attached "Punch List" we have attempted to list all work necessary to complete the project. There may be some additiona: items of correction which have been overlooked or that may occur dur: the time the "Punch List" repairs are being made. These items, if nc corrected, will be added to a new "Punch List" when a review of this "Punch List" is made after the repairs are complete. Time is of the essence. If the attached "Punch List" repairs are not completed in 30 days, an additional complete re-inspection of all work may be required. /" /.: 'x ./' .i/ .. - i. ,&p _, 5, c ! ,,' "- - i CONSTRVCTION ISEECTOR 1 - 17 1 L/ Wc: v '&:., 9 >d>',:, ,e 'SF!. CONSTRUCGION INSPECTOR 4 L '.. ' *- : . 0 * .2075 LAS PALMAS DRIVE TEL CARLSBAD, CALIFORNIA92009-4859 (6 1 91 Oflice ol the City €ngin.!?r Mitg af Mnrlsbnb PUNCH LIST VISTA SANTA FE - CT 81-16 PE 2.84.37 (UNITS 3-5-6), PE 2.83.37 (UNITS 1-2-4) IN ATTENDANCE FOR WALK-THROUGH: Stephen D. Hardison - Project Manager Tony White - Homes by Polygon Rep. Harold Johnson - Sr. Inspector/City Warren Campbell - Construction lnspector/City Frank Escoffier - Construction lnspector/City Walk-through was conducted throughout all six (6) completed units over an eight week period of time. All persons noted above were not present at all walk-throughs. Due to the extent of this punch list, a general listing punch list is included with a separate punch list for each of the six (6) units so that items which effect more than one unit are listed in general, and items specific to one unit are listed within the specific unit punch list. GENERAL PUNCH LIST ITEMS INCLUDE: 1. Submit letters of survey monumentation certification. 2. Submit letters from Olivenhain Water and Leucadia Sewer districts accepting their improvements. 3. The City of Carlsbad will field verify night operation of all street lights. 4. Submit all Grading/lmprovements "As-Built" plans for city approval. 5. Point, chip and patch all chipped/cracked curb and gutter as field markec or directed. 6. Clean all access hole lids of concretelasphalt. 7. Install blue fire hydrant reflective markers per "19 SDRSD. 8. All street lights need to have concrete pads at base. Several pads have never been constructed. All street lights need to be checked for pads and tightening of screws on hand-hold plates. 9. All storm drain inlets need trash/debris removed. ._ . .- . e 0 VISTA SANTA FE PUNCH LIST PAGE 2 IO. All sprinkler heads in right of way shall be pop-up type, returning flus to grade. It. Clean all trash/debris from curb and gutter and sidewalk. 12. Provide root barriers at all trees which are within 4’ of sidewalks. dy - .”----- (Typical along Calle Barcelona and Via San Clemente.) 13. Asphalt streets noted on punch lists Units I through 6 which state failur are not acceptable. All failed street sections shall be cored/tested as required to determine existing structural section, A report shall be sut: mitted for city engineer review and approval stating method of removal/ replacement of failed section. 14. Failed sidewalk/curb and gutter/cross gutters have been field painted for removal/replacement in areas which clearly indicate failure. Those areas within Units 1-6 which have multiple problems which can not be easily identified will need to be water tested and/or surveyed to determine the extent of flow in gutter problems, and are noted on individual unit puncl lists (1-6). 15. The exterior limits of project, especially along Calle Barcelona, Via San Clemente and within Units 8 E 9 (undeveloped), will need removal of stockpiled dirt, clean-up of trash/debris and general clean-up and plantil for erosion COtltrOi Of Slopes. Erosion control plans will need to be submitted/approved for securing the area for upcoming rainy season. 16. All slopes within developed project shall be plantedlhydroseeded with approved plants, have a working irrigation system and meet City of Carls erosion control requirements. Specific problem areas include: A. Carnino Coronado - hydroseed. 6. Avenida Anacapa - hydroseed C. Corte Vera Cruz - hydroseed D. Corte Mazatlan - hydroseed E. Via San Clemente - hydroseed 17. All slopes shall be cut 2:l with toe of slope set at right of way property line. All slopes along Calle Barcelona and Via San Clemente shall be trimmedkut to meet City grading ordinance. Slopes shall be hydroseeded/ protected for erosion control. -, . -. VISTA SANTA FE 0 e PUNCH LIST PAGE 3 PUNCH LIST VISTA SANTA FE - UNIT I 4AT 4l (S& Y 1. Replace broken water meter box at the project limit of Unit I on Calle Barcelona b 2. Asphalt street at entrance to development from loo'+ from Rancho Santa - Fe Road to Calle San Felipe has numerous areas which have failed and shall be removedlreplaced as determined by Item 13 of general punch list attached. 3. Remove/replace curb and gutter/median curb/sidewalk/cross gutters as field painted. PUNCH LIST VISTA SANTA FE - UNIT 2 A? s &,, 1. Remove asphalt parking lot/construction debris. Regrade and plant/ hydroseed as per approved grading plans. 2. Add street light concrete pad on Calle Barcelona, between Calle Posada and Calle San Felipe. 3. Asphalt street is failing on Calle Barcelona between Calle Posada/Calle San Felipe. Street shall be removed/replaced as determined by Item 13 of general punch list attached. 4. Replace missing fire hydrant cap at Calie Barcelona and Calle Posada. .. . I -. .- .' VISTA SANTA FE 0 0 PUNCH LIST ' - PAGE 4 \."\ kc\ $ A? PUNCH LIST VISTA SANTA FE - UNIT 3 f Lo &J $ f -. ".., $T $$ 9 k 1. &$Park) drain pipe is depositing an unknown substance onto park grass area. Unknown substance will need a chemical analysis test with a $ F report submitted to the City of Carlsbad Engineering Department and to Department of Health Services identifying substance. {$ 2. ,,' Lot 179 (Park) has been oversaturated from subdrains. All wet areas will I ne '".-2 to be dried/reworked/grass seeded as required and subdrain pipe ". shall be connected to an underground storm drain system. Your design engineer will need to submit a plan for city approval, routing the sub- drain to storm drain. 3. All gutter flowlines will need cleaning on Avenida Anacapa to remove . chemical substance overflow from Lot 179 (Park). 4. Trim slope at N/E Via San Clemente to meet 2 :I slope requirement. Remove stockpiled material and dress up area. Hydroseed/provide erosion control per city approved mix and method. 5. At the end of Calle Barcelona at Via San Clemente, and at Camino Coronado (3 Via San Clemente, install barricade system per M-9 SDRSD. 6. Trim slope for 2% grade behind sidewalk at Calle Barcelona north side. 7. Water test gutter flowline on all of Corte Tiburon and Carnino Coronado within Unit 3 to determine areas of flowline which are holding water and need correction or replacement. .. . . ._ e a VISTA SANTA FE * . PUNCH LIST PAGE 5 PUNCH LIST VISTA SANTA FE - UNIT 4 LG> Qt?51 I. Lower water meter box to eliminate trip hazard at 7937 Calle Madrid. 2. Numerous areas along east and west gutter flowline are holding water/ dirt/mud to depths of 2". All curb/gutter along Calle Madrid will need to be surveyed with all areas not meeting plan grade either removed/ replaced or grinded within flowline to assure positive flow. Final acceptance will be determined after flowline of gutter is water tested. 3. Asphalt street is failing over trench line on Calle Madrid. Note Item 13 on general punch list attached. 4. Skin patch asphalt at lip of gutter on cul-de-sac at Calle Vallarta. 5. Face of slopes on lots 112 through 153 show signs of sloughing and rodent fd infestation. Prior to release of project, your soils engineer will need to , re-evaluate slope conditions and submit a final report to state that slopes are constructed to meet the city grading ordinance and acceptable soils engineering practices. PUNCH LIST VISTA SANTA FE - UNIT 5 /& hz- 1. Water test gutter flowline on Camino Coronado within Unit 5 to determine areas of flowline which are holding water and need correction/replacement. 2. Across from 3285 Camino Coronado, curb and gutter/sidewalk is not per true grade. Remove and replace as field painted. .. 0 0 VISTA SANTA FE PAGE 6 ' . PUNCH LIST PUNCH LIST LL G@fd VISTA SANTA FE - UNIT 6 I, 2. 3. 4. 5. 6. 7. a. 9. 10, 11. 12. 13. 14. 15. 16. 17. 18, Cut back front slope behind sidewalk at 3276 - 3280 - 3284 - 3286 Avenida Anacapa to meet City of Carlsbad grading ordinance. Relocate mailbox out of right of way walk-through at 3240 - 3241 Avenida Anacapa. Secure water can and set flush to grade at 3255 Avenida Anacapa. Cut guy line sticking out of ground at 7956 Calle Cozumel. Replace broken debris bar at inlet at 7960 Calle Cozumei. Backfill at water meter box at 3285 Corte Vera Cruz. Chizel 'IS" in curb at 3281 Corte Vera Cruz where sewer lateral crosses under curb. Repair fence along swimming pool. Clean gutter at 3258 Corte Mazatlan. Raise cable TV pedestal at Lot no. 262, Remove water meter at Corte Vera Cruz hydrant. Provide barricadelsigns per M-9 SDRSD at end of Avenida Anacapa. Remove trashldebris and fine grade at same location. Backfill behind sidewalk next to 3294 Avenida Anacapa. Provide adequate cover over irrigation water main on Lots 262/337. Remove temporary power poles. Hydroseedlprovide erosion control per city approved method behind Lot 262 and throughout general area. ' Water test gutter flowline on Avenida Anacapa between Corte Mazatlan and Corte Vera Crur to determine areas of flowline which are holding water and need correctionlreplacement. Set all survey monuments throughout Unit 6. -I:. A . - 1- a e VISTA SANTA FE ’ . PUNCH LIST PACE 7 The Engineering Inspection Division has compiled this punch list over the past 6-8 weeks in an effort to identify all problems which need correction or future study/testing to determine the extent of project problems. Present site condi- tions indicate failed asphalt streets, cracked sidewalk/cross gutters, inadequatc erosion planting on slopes and numerous other items as noted. Due to the extent of removalslreplacements and corrective work which will neec to be done, the Engineering Inspection Division can not guarantee that this lis is complete. As corrective work progresses additional items may need to be addressed to meet the approved plans, City Slandards, Regional Drawings, etc jl All work in the public right of way requires an active Traffic Control Plan and Right of Way Permit. HAROLD JOHNSON Sr. inspector/Engineeriny HJ :dm cc: Clyde Wickharn, Project Engineer Ray Garrison, Planning Virginia McCoy, U/M Greg Woods, U/M Frank Escoffier, Pr oject inspector Olivenhain Water District Leucadia Sewer District PUNCH LIST ITEMS COMPLETED: I - DATE PROJECT INSPECTOR . ’. . ” a 0 3270 Camino Coronado Carlsbad, California ( May 15, 1988 Members 5f City Council City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: Inspection of curbsb curb gutters, sidewalks, driveways and high spots in streets in the La Cresta area of Colinas De Oro, Carlsbad. Dear Members: Following is a report of an inspection conducted by homeowners, Don Davison, Carl Hamilton, Dean Dinkins and myself, Bud Long; as well as many other homeowners who infractions and shoddy work in the above mentioned areas in this sub-divi sion o There are accumulated standing water puddles in front of homes, driveways and in the curb gutters. Some work has been started just a week ago, however, we call attention to the inter-section of Calle Cozumel and Avenida Anacapa which had been improperly worked on previously as water still accumulates. See “red arrowft on attached map, Unit 6. Red rrXfl marks as shown on the attached map, indicate infractions, 37 plots in all, which are in addition to those areas already being worked on. We also call attention to a driveway at 3251 Avenida Anacapa which was previously patched but should have been chipped out and replaced. As a retired building tradesman of 42 years in San Diego manner. had reported to our Homeowners Association regarding the County I offer this report in a knowledgeable and confident ?z _-- Encl: Map C.C. City Clerk ,’ Polygon P - L '. I 0 0 I FOR THE INFORMAT I THE CiTY COLIN; May 17, 1988 - 4 l%;P*= CITY c I TO : CITY MANAGER FROM: CITY ENGINEER COLINAS DE ORO/LA CRESTA - CT 81-16 Please find attached correspondence related to efforts to complete the S' ject subdivision. Staff for several years has attempted to work with Homes by Polygol correct numerous construction defects. These defects include items be discussed by the La Cresta at Colinas De Oro Homeowners Associa at the May 17 Council meeting. Homes by Polygon has repeatedly made promises to complete punch items and has periodically completed items of work. On February Anthony White made assurances that the four remaining units would completed one per month. Since that correspondence, minimal progl has been evidenced. On April 25, I was in receipt of new assurances, and again notifiec management changes. Staff has exhausted efforts to gain compliance are now preparing appropriate documentation to file claims with the br ing compan'y to order compliance. These documents should be compl in the next two weeks. I should note that a number of the deficiencies in Unit 4 will be diff to fully repair with the existirag security. Also, numerous landsca deficiencies are not covered by active bonds. Seeking legal remedies likely solve only a portion of the public improvement problems. 01 landscape problems may require legal action between the Homeowners Association and Homes by Polygon. Staff has only limited control over developer activities. Resorting to action is the last avenue of action, but will not likely prove to be a ti process. Court action is likely to be costly and time-consum Voluntary developer compliance is by far the most timely and effic approach. I s& LLO~ B. HUBBS City 2 ngineer LBH/pmj Att. .. a e [B Homes by Polygon Apri 1 25, 1988 CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, Ca, 92009-4859 .. ’, ,. Attn: Mr. Lloyd B. Hubbs Subject: CT 81-16 Units 1, 2, & 4 Dear Mr. Hubbs; I was disappointed to read your letter dated April 12, 1988 addressed to Mr. Peter Barnes concerning Polygon’s lack of response to the street repairs for the Colinas De Oro project. I must first state that per my letter dated December 4, 1987 Wickham, Harold Johnson, and Chip Escoffier and yourself November 4,. 1987 units 1 and 2 of this project have been accepted by the City of Carlsbad and are the city’s responsibility to maintain. My letter dated December 4, 1987 addressed to you outlines Homes by Polygon’s plan to complete remedial for the remaining lots starting with unit 6 and completing in the following order 5, 3, and 4. As you may recall, we deliberately decided to leave the most difficult unit (4) for last because we were not certain of how we would most efficiently solve the issues included in this unit and would use the additional time to work out the best solution. Homes by Polygon has been working with the City of Carisbad units 5 & 6 in the La Cresta project. Upon successful completion and City acceptance of those units we will procee with the remaining units 3 & 4. (see attached) and our meeting with Walter Brown, Clyde over the past 3 months and have made substantial progress on 231 61 Mill Creek Road. Sute 200. Laguna Hills. CA 92653 0 71 4..583-1650 .- - *. .I 0 0 Lloyd B. Hubbs Page 2 4-15-88 As you can see, Homes by Polygon is working to solve the situation and will continue to do so in an expeditious manner. I will be calling you next week to set up a meeting between yourself, myself and Homes by Polygon’s new Vice President o Operations Mr. Phil Miller. Mr. Miller will be responsible for completing this project to the city’s satisfaction and will be your contact for any future questions or comments. Sincerely, qGL Manager Development Processing & Product Development cc: Ray Patchett, City Manager Peter Barnes, Merit Property Management Jeff Gow, Homes by Polygon Phil Miller, Homes by Polygon e 0 +, +L" *. 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92OtM-4859 Office of the Oty Engineer Mitg of QrlsbnB April 12, 1988 Mr. Peter Barnes, Account Executive Merit Property Management, Inc. 5075 Shoreham Place, Suite 160 San Diego, California 92122 Subject: CT 81-16, Units 1, 2 and 4 Dear Mr. Barnes: In response to your letter of March 16 to Mr. Patchett, he has askt that I respond to your concerns. I would like to let you know the City shares your frustration, and agree that we have been unable to obtain satisfactory response fron Homes by Polygon.. The only recourse remaining to the City is to seek Iegal action agai outstanding performance bonds. The Engineering staff is currently assembling appropriate project dc umentation for review with the City Attorney. Upon completion of review, we will take appropriate legal action to complete deficiencier secured by the bonding company. You should be aware that performance by the developer is the most expeditious approach, and hopefully that can be accomplished. Leg action, if required, will likely take some time to accomplish and will involve protracted staff =time to complete. If you have any further questions, please call. LBHlpmj cc: Mr. Jeffry W. Gon, Polygon, 2?: - : yc, I- City Manager Community Development Director H. Johnson ., , . ~ .! r_ , ": "- ' , ~ .* .. \, ; bc: W. Brown ' 'I, ., . *. .. @ ee 0 0 MERIT PROPERTY MANAGEMENT, INC. Match 16, 1988 Ray Patchett 1200 Elm Ave Carlsbad, CA 92009 Dear Mr. Patchett: The Colinas De Oro Homeowners Association in Carlsbad has been in existenc four years. For almost the entire time, the Association has been living w drainage problems, cracked cement, and other repair needs. The developer, Polygon, has repeatedly promised to do the needed repairs, but has done no dare. The City of Carlsbad has marked the needed street repairs more than once, spray paint from the previous markings disappeared due to prolonged expos1 elements. The City has also been "working with the developer" to get the done. In the mean time, the developer has performed promised street sweel rarely, and done little else. The homeowners association wants the repairs done. There is no reason fo~ protracted delays and broken promises from the developer, and the lack of on the city's part. The members of the Association are particularly affronted, as the same de7 almost through with the street repairs in La Cresta at Colinas De Oro, wh: to Colinas De Oro. This neighboring association was built after Colinas Please respond in writing at your earliest convenience to this issue. I any assistance you can provide in this matter. Sincerely, I& - Peter, Barnes Account Executive cc: Chuck Mitchell, Harold Johnson, 24422 4ve de Utilities and Engineering la Carlota Suite 460 Maintenance Laguna Hills, CA ,92653 5075 Shoreham Place - Suite 160 San Diego. CA 92322 619/&?-0260 8661527'1-3914 3350 East Birch Street Suite 103 Brea, Ch 92621 714f528.0422 8Q0i962-6229 .. . . - ... . .. .. -. 0 0 ." I. [n Homes by Polygon February 25, 1988 City of Carlsbad Engineering Department 2075 Las Palmas Carlsbad, CA 92008 I~WRPI~TRUCTI~ " . - Re: Repairs Colinas De Oro Dear Harold Johnson: As per our conversation on February 24, 1988, regarding our scheduled plans to finish out repairs an Colinas De Oro, I had stated that I would like one month per phase to correct our street repairs. You stated there was no problem with that on your part. I will advise you further on any changes that might occur during this period. Please feel free to contact me on any. matters regarding our work out there. Tha $0. for your a ention to this matter. si& && 1 L.0 Anthony E. it Pro j ec t Manager AW/dy CC Phil Miller Jeff Gow Gary Ems iek Homeowners Association 23161 Mill Creek Road. Suite200. Laguna Hills. (X92653 7141503-1650 I- 1 "- 1. 2075 LAS PALMAS DRIVE 4 . CARLSBAD. CALIFORNIA 92009-4859 e e .. Office of the Cily Engineer situ af anrlsbna ~NGRICONSTRUC; February 24, 1988 Mr. Ken Hassett Homes By Polygon 23161 Mill Creek Road, Suite 200 Laguna Hills, CA 92653 FmLE WA-5 NO TrZMH/DE ""L-Y VISTA SANTA FE, CT 81-16, *PE*2:'84':37*? After a recent review of site conditions on undeveloped Lots 262 through 266 for subject project, subject lots still have trashldebris left from previous construction activity. Further, due to the unkept appearance of these lots and lack of property owner control, illegal dumping has been occuring causing this problem to worsen. Accept this letter to request that the lots noted above be cleared of trash and debris and that a chain link fence be installed to restrict access to your property from Lot 262 to beyond Lot 266, Considering that this site is still under punch list, this action on your part would eliminate further dumping and lessen the chance of injury to area residents. Your quickest response is requested in resolving this matter. If you need any further information or have additional questions, contact Chip Escoffier, Project Inspector, at (619) 438-3550. &4Q!yAw. HAROLD JOHNS N . .. Sr. Inspector/Kngineering HJ:dm cc: Waiter Brown, P.C.E. P 664 B Bob Johnson, Traffic Engineer Chip Escoffier, inspector RECEIPT FOR CER1 Peter Barnes, Merit Property Management, Inc. NO NOT INSURANCE FOR INTERNATK COVER4 (See Rever: : 2 Sent to Mr. Ken 8- 3- F Postage j P.O.. State and ZIP Code 2 Laauna Hills. C I ..a, r :., . 0. ._ e 0 e. (B Homes by Polygon Decembmr 4, 1987 Mr. Lloyd B. Hubbs, City Engineer City of Carlsbad Engineering Department 2075 La5 Paimas Drive Carlsbad, CA 92009-4859- Dear Mr. Hubbs: VISTA SANTE - CT 81-16 *- Per your request; I would.like to provide you with Homes by Polygon's strategy for completing the punch list items from Harold Johnson, dated, October 6, 1987. We will begin work the second week of January 1988 and Wiii proceed in the following manner: 1. Schedule weekly street cleaning for Units 3 through 6. 2. Set up meeting with Harold Johnson and Chip Escoffier t resolve scope of work for. one unit at a time. We will with Unit 6 and work back to Unit 3. It must be noted the City has accepted Units 1 and 2; and we, therefore, expect the City to begin regulariy scheduled maintenanc these two units. 3. We believe tnat 5tarting a weekly cleaning service on U may eliminate some of the problem areas ancl will give u to come up with a .so-lution to the existing problems. 4. All slopes have been weeded and wilI be planted as per within three weeks, We will set up a meeting with the La Cresta Homeowners Association and turn the slopes ov maintenance at that time. I will schedule Chip Escoffi attend the turnover meeting to ensure the City's compli -;.,;. ., __ - . - zc~ '\ad 5- :+L- 1 - ;\;-'.< - 5. ..- ~____ <,. , . - .. - .:;:; . -. * . z;;.-<:d - .-. -, . ,, 0 0 .. tlr. tlord~ P, Httbbs, Gity Engineer Dacembar 4, 1 City of Carlsbad Page 2 5. As you know, the scope of work for Units 3 through 6 mak somewhat difficult to give you a completion schedule at time. Once I meet with Chip and Harold on the site, I w give you a more definite schedule. If I can answer any questions, please do not hesitate to con me. syr,L Gary . Emsiek Manager, Development Processing fh Product Development GRE/ehg cc: C. Escoffier, City of Carlsbad H. Johnson, City of Carlsbad J. Gow, Homes by PoIygon K. Hassett, Homes by Polygon Project File / .' ? ..I .... - , e - A ' . 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 920094859 Oflice of the crry Englneer Y 0 MitQ a€ (anrlsbnb November 3, 1987 Mr, Gary Emsrek Homes by Polygon 23161 Mill Creek Road, Suite 200 Laguna Hills, CA 92653 fiNGRICONSTROCT1 VISTA SANTA FE, CT 81-16,'PE''i;84'~37'''!'-~~~'.T In response to Item #6 of your letter dated October 20, 1987, be advised that the City of Carlsbad has not agreed to transfer liability for the completion of slope planting from your firm to the La Cresta HOA. Discussions were held at our field meeting on October 16, but no formal request or decision was made by the City Engineer. If you wish to further pu.rsue discussions on this matter, contact Clyde Wickham, the Project Engineer, with your request. If you need further information or have additional questions, contact Chip Escoffier, Project Inspector, or myself at (619) 438-3550. &&Jpv HAROLD JOH Sr. lnspecto ngineering cc: Lloyd Hubbs - City Engineer Walter Brown- P.C.E. * Clyde Wickham - Project Engineer Chip Escoffier - Project Inspector .. --I . . *. 0 @ .. (0 Homes by Polygon '9 c T ')Bb 'rc October 20, 1987 Mr. Harold Johnson City Of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 -"N Re: Vista Sante Fe CT. 81-16 Dear Harold: The purpose of this letter is to. document our decisions from site meeting held on October 16, 1987. 1. Polygon will be implementing a soil erosion plan startin! in approximately one (1) week. We will sandbag the slopes adjacent to Calle Barcelona and Via San Clemente. 2. Polygon will install City approved barriers at the end 0: Calle Barcelona and Camino Coronado as soon as possible. 3. Polygon will remove the dirt pile at the base of the dol off Via San Clemente as soon as possible. 4. Harold will review and approve the letter from Rick Engineering, indicating the location and connection of the 3' slope drain at Lot 207, to the nearby storm drain. LandscaF Inc. will begin work as soon as approval is granted. 5. Chip Escoffier will be conducting field inspections for 1 City, and will be signing off items on the punch list as completed. Hence, Polygon will have fulfilled their obligati on those i terns. 6. Polygon is in the process of reaching a settlement with t La Cresta Homeowner's Associa tion concerning slope planting. The City of Carlsbad has agreed to transfer liability for completion of the punch list items concerning slope planting all necessary approvals thereof to the La Cresta HOA. 231 61 Mill Creek Road. Sutte 200. Laguna HIIis. CA92653 0 71 4/583-1650 ~~~ ~ .'I .I, .. I .. e 0 *. Page nJo 7. Polygon will continue to work as quickly as possible with the City and our subcontractors to resolve all of the remaini items on the punch list. I believe this accurately reflects all of our discussions. I you have any questions, please do not hesitate to call. q;iG- Director of Development cc: Jeff Gow Ken Hasse tt GE/lbb .’ .. -, 0 2075 LAS PALMAS DRIVE CARLSBAD, CALlFORNIA9M094859 . Ottice ollhe City Engineer Jumi3”, =.i.g&$L. t Mr. Ken Hassett 23161 Mill Creek Road Laguna Hills, CA 92653 Homes By Polygon VISTA SANTA FE (COLINAS !i P LL4 877 - RECEIPT FOR CERTIFIED NO INSURANCE COV- NOT FOR INTERNATIONAL MA r (See Reverse) bni 1 h, Sent to 44. &iv mf g HF-5 b y poi. i I &%/ /%fl Pfd Street and No. aitQ af (Ends .- Y P.O. State andZIP e Certltlsd Fee 3 Postage a - ~ ~~ lp~c~~co~srRttclloN 2 I MU %I!.. PX a I lSpeclal Delivery Fee I WI5 CI DE ORO) CT 81-167PET.8 PLbE to Rr-s aD Please be informed that on Thursday, July 30, 1987, at 1:30 P.M., the City of Carlsbad Engineering Inspection Division will commence a final walk-through for Units 1 through 6 of referenced project. It is anti- cipated that July 31st and August 3rd may also be required to complete a final punch list for all six units. Present construction status of project appears to be substantially complete with the exception of resolving remaining constructuion issues which will become a part of your final punch list. Also, note that Improvement Agreements for Units 1 through 6, as executed by your firm, have now expired. Henceforth, either a request for extension of the proceed with a speedy conclusion of all remaining project obligations. It is required that either the project superintendent or other responsible person from your firm be present throughout the entire walk-through process. All other entities associated with your project will be invited to attend so that one final punch list can be developed for your use. Improvement Agreements is required, or Homes By Polygon will need to If you have any questions or need further information, contact Harold Johnson, Sr. Engineer . .. HJ :dm cc; Walter Brown - PC Dan Clark - Proje A1 Ludwig - Proje. Greg Woods - Util! Virginia McCoy - I, Leucadia County Sc Olivenhain Water I ? 114 359 L8& :, . . +:- - RECEIPT FOR CERTIFIED MAIL. NOT FOR jNTERNAT/ONAL MAIL , NO INSURANCE COVERAGE PROVIDED 1, "1- @ftlfIed fee 23161 Mill Creek Laguna Hills, CA * Road 92653 aita of QInrlsbaS Ae#e L(BBr;S 840 e, 1 lwCR/cONs1 .. 5,v Lt"* __ . " VISTA SmTA FE (CoLmAS DE ORO) CT 81-14- ._ . The Engineering Inspection Division has noted that construction activities and the project ~uperintendent are no longer on site for reference project. Present status of project appears to be substantially complete for Units 1 through 6, with the exception of walking a final punch list and resolving remaining construction issues. Accept this letter as a formal request for either the project superintendent or other responsible person to contact Harold Johnson, Senior InspectorlEngineering (telephone no. 438-3550), to proceed with resolving remaining project issues. Your quickest response requested. Q