HomeMy WebLinkAbout2002-01-22; City Council; 16532; Construction of a Cul-De-Sac Bulb on Althea Lane4
CITY OF CARLSBAD -AGENDA BILL
AB# IL! 533 TITLE: DIRECT STAFF ON
MTG. 1-22-02
THE CONSTRUCTION OF A CUL-DE-SAC BULB
ON ALTHEA LANE DEPT.HDv2F CITY Am.
DEPT. ENG CITY MGR.
RECOMMENDED ACTION:
Direct staff to wait for a private funding source before implementing the construction of the cul-de-sac
bulb on Althea Lane.
ITEM EXPLANATION:
Althea Lane was constructed in 1962 with the Valley Manor subdivision and stubbed to the easterly
subdivision boundary. The adjacent property, between the Valley Manor subdivision and Park Drive,
was subdivided in 1982 as Parcel Map 12016, with Parcels 1 and 2 fronting on Park Drive, and
Parcels 3 and 4 fronting on a proposed cul-de-sac at the end of Althea Lane. The developer of the
parcel map dedicated right-of-way for his portion of the cul-de-sac. Parcels 3 and 4 were purchased
by Scott A. and Laura A. Koop ("Koop") and August0 A. and Margaret E. Gorgueiro ("Gorgueiro"),
owner constructed any surface improvements to Althea Lane. The remainder of the future Althea
respectively. Both owners signed a Future Improvement Agreement ("FIA) and built a home. Neither
Lane cul-de-sac is on property currently owned by John K. and Frances V. Fisler ("Fisler") which can
be subdivided in the future.
Fisler requests, in a letter dated October 12, 2001, that the City complete the Althea Lane cul-de-sac
by implementing the two existing FIA's and constructing sidewalk and pavement, at public expense,
for the portion of the cul-de-sac on his property. Fisler would dedicate the right-of-way for it.
Staff has identified three alternative courses of action relating to Althea Lane improvements
Alternative 1. Wait for a Private Fundina Source
The cul-de-sac area is currently constructed of aggregate base material. It is providing adequate
developed, or another private funding source is approved, the FlAs would be implemented and the
access to the two residences, trash pick up and emergency services. When the Fisler property is
entire cul-de-sac improved at the same time.
Alternative 2. Proceed with lmplementina the FlAs to Construct Partial Improvements
remainder of the cul-de-sac improvements would be constructed in the future when the Fisler
Direct Koop and Gorgueiro to construct their respective portions of the cul-de-sac at this time. The
property develops.
Alternative 3. Per Fisler's Request, Proceed with lmplernentinq FlAs and Construct the Remainder of
Improvements at Public Expense.
Direct Koop and Gorgueiro to construct their respective portions of the cul-de-sac. The remainder of
the pavement and sidewalk would be constructed by the City as a City project. The City's estimated
cost is $12,400.
I
DISCUSSION OF ALTERNATIVES:
Staff recommends Alternative 1. Since the existing condition of the cul-de-sac does not cause a
public health, safety or welfare issue, there is no immediate need for the improvements to be
constructed. Constructing improvements, on Fisler's property, at the public's expense is not
considered an appropriate use of public funds.
ENVIRONMENTAL REVIEW
Since the recommendation is for no construction at this time, no environmental review is required. However, if one of the other alternatives are chosen, the proposed street improvements on Althea
upon the environment per City approval dated March 24, 1980.
Lane were examined with Minor Subdivision No. 426 and declared to have an insignificant impact
FISCAL IMPACT:
estimated at $12,400,
There is no fiscal impact to the city for alternatives 1 and 2. The fiscal impact for alternative 3 is
EXHIBITS:
1. Location Map.
2. October 12, 2001 letter from Mr. Fisler.
3. Various correspondence.
2
I LOCATION MAP
NOT TO SCALE
I . . I PROJECT NAME ALTHEA LANE I
c C! October 12, 2001
City of Carlsbad Zauncil ;;embers: m
In a recent conversation xith ;,izy')r Lewis I was asked to restate our
posi.tion: regarding .the cul-de-sac an Althea Lane.
If the City of Carlsbad will conscruct and pay for the portion on our
property, we will give the ilroprcy to the city. .'?he size of -this
portion is 2,609 sq. feet and h.3~ a value of $~~looo based on the
;rice of vacmt land in the area.
I:either us, ;:ur heirs or anyone else would ever have to repay these
c3cts.
::'hen we built our home in 1971, luwre ircprovement agreements were n0.t
required. :;!z were not mare that a cul-de-sac was planned as Blthea
Lane was jusl- a dead en2 srreet. ?he purchase'grice would have been
;r:uch cheaper if knowledge sf a cul-de-sac were known.
The other two pro2ert.y cwners (Do? &.;orgueiro) signed 2.1.;~'~ and
kncw they would have to pay for their i2ortions of -the cul-de-sac.
Y,JU also know about the ouz of pocket costs and inconvenience to us
for over 20 years of private and city street drainage :.:ater being
dumped on our property with no wrizten pernisoion or eaoernent, breaking
the cities own code. Ref. sectisn 15..16 170 B-2. 'iherl curbs and side-
walks were constructed x1 I'ark 3r. we gave the city &he 15 f.t. sb con-
demnation would not be Pecessary. Gur gain from this was trafl'ic
noise 15 i't. fr3n our fnnt bedmom.
Reviewing the above, 1'" ... sure 'you can understand why we do not feel it
fair for
to 11s as
prolierty
us to pay for portion of the cul-de-sac. :here is no value
the cul-de-sac takes a Large I;cJrthwest cJrner out of our
leaving a large ijisce in :he Southwest cJrner useless.
considsrztion of this matter.
Carlsbad, 2-1 92008 :'ark Dr.
April 5, 2001
TO: CITY MANAGER
FROM: Public Works Director
Item Distributed .
RP COPV
FISLERlALTHEA LANE CONSTRUCTION
Attached are numerous correspondences related to Mr. Fisler's request to complete Althea
Lane. Mr. Fisler has withdrawn his request to complete the street and has no interest in
pursuing it further. Staff has discussed the matter with Koop and Gorgueiro and all are happy
with the status quo. If you concur we will formally notify Koop and Gorgueiro that no further
action on Althea Lane will be pursued at this time.
LLOYD Public 6dp.E. Works B. Director
n
Attachments
LBH:brg
All Receive-Agenda Item# \
For the Information of the: cmcouNcIL /
\
11. a84L15.557 - AP DVAL OF -SION AND AMENDMENT NO. 2 TO, AG-
70 No. 34693.
ACTION On a motion by Council Member Fimib. Council adoptcd WOLWTION NO,
accepting mdividuai donations and in-kind sawices totaling six thomd one hundred and eighty dollam (S6,lSO) in support olf the dedication of
the 21sL Annual BcdysUmag and Bodyboarding Championships.
BXES: IyQLs: Lewis, Hall, Firmit, Nygaard, Kulchio NonS
9. @ #15556-VAL. OF FUTURE 91EgovBMENT FOR WL-DES"
.~ __ Bob Woick- Re: Althea Lane Memo to Ray Page I I
To:
From: Bob Wojcik
Date: 2/23/01 10:43AM
Lloyd Hubbs
Subject: Re: Althea Lane Memo to Ray
Glen Van Pesky personally spoke with the Koops and Gurguiero to inform them about our
recommendation to "leave things as they are".
Neither of them where unhappy about this. Once we get Ray's concurrence we will follow up with a letter
to rhern.
FYI Attached is tne memo to Ray via you on our recommendation,
>>> Lloyd Hubbs 02/22/01 08:57AM >>>
Bob, did we check with the other folks on Althea about the FINS?
cc: Belinda Guzman
November 20, 2000
John K. Fisler
3975 Park Drive
Carisbad, CA 92008
ALTHEA LANE CUL-DE-SAC
Your letter dated October 17, 2000 to the City Council members has been forwarded to me for
response. As you are aware, I have been involved with this issue for quite some time and am
very familiar with the situation in that area. The City is interested in completing the cul-de-sac
improvements. At this point, it is a matter of when those improvements will go in and how they
will be financed and constructed.
As with all matters brought before the City Council, options for their review and discussion must
be prepared, fully analyzed and a recommendation proposed by staff before the Council can
make an informed decision. At this point, a fixed date to bring the matter to the City Council has
not been set. I would anticipate the item going to City Council in the first quarter of 2001.
The City has been and will be sensitive to the fact that this matter impacts several of its citizens.
Like yourself, they have limited resources with which to construct their obligations. It is because
of these sensitivities, that the City now finds itself in this position. We will continue in our
attempts to come up with a fair and reasonable solution to this issue,
One option I would like to your response on is the following: Your portion of the right of way
would be dedicated as you have offered. Construction of the cul-de sac would take place with
the cost being shared by all three property owners. The City may be willing to put in your share
of the cost with a reimbursement agreement with you. That cost would be reimbursed when and
if your property is subdivided. Thereby making it possible for you to not have to invest any
money at this time.
Please call or write to me with your response to this option.
If you have any further questions, please contact me at 602-2733
Sincerely,
ROBERT J. WOJCIK, P.E.
Deputy City Engineer
RJW:jb
C: Public Works Director
Fire Marshal
Management Analyst, Joe Garuba
Senior Civil Engineer, Skip Hammann
August 10,2000
TO: GtTY MANAGER' . ~ ..
VIA: Public Works Director ~ ~
.. .~ ..
FROM: Deputy City Engineer, Land Development
.. . . . .., . .. . .. ALTHEA LANE,IMpROVEMENTS- . ~. : ,',~~:..,; :.. ,~%_..(. .I.~, .., . -,
,i. .. ~ .. ~~
, .~,. ,. , .. ~. , . .. . -..., ij _,: ~.~,.~ . . . ~ ..~ . , ... i. " .~ ~...,_ii _L..l.l. .."~:.:, , ..~. .~_~, ~,.
.. .. ,. .. b . ~ .~ . .~
~ ., . ..,.... . ~ .. ..... . ..~ . ,.~. .. .. . .. ..~, .~ ., .. ~. -~ . .. . ~. .~ .. .. ~.
At the request of the City Council and the direction of Lloyd Hubbs, I have prepared the
the situation was brought about when staff submitted an Agenda Bill requesting Council's'
following information based on my research of the available City documents. As you remember
direction on implementing two Future Improvement Agreements. Those agreements were on
the Koop's and Gorgueiro's property to install improvements to their half of the CUI de sac bulb
on Althea Lane. At the public hearing a Mr. John Fisler, who owns approximately half of what
will be the Althea Lane CUI de sac bulb, requested the City pay for his portion of the street
improvements. (It was at his request that staff submitted the Agenda Bill.) Mr. Fisler brought up
the issue of drainage onto his property causing alleged damage, thus his request for City
mitigation. At that point the discussion focused on that drainage and claims that the City
approved diversions of drainage through various properties including Koop's and Fisler's. The
Fisler's also requested some form of relief from the City to reimburse them for drainage facilities
they constructed. Those facilities were required by the City when the Koops graded their
property and built their home. (A plan is attached to orient you to the area and ownership of
properties along with showing the natural drainage flow.)
There are three main areas of concern: 1) what was the historical flow of drainage prior to
Mr. Jack Kubota's subdivision in the Park DriveIAlthea Lane area: 2) did the City err in directiy
or approving the Kubota drainage plan and any subsequent drainage plans for that area: and 3)
who should fund the 'street improvements, if any, on Althea Lane (Althea is designated a
compatible street for standard improvements).
From the Parcel Split No. 174 files, for Jack Kubota's subdivision, I found quite a bit of
correspondence on the drainage issue's historic flow. There is an unsigned memo in that file
that is labeled, "Park Drive Drainage History". The first entry of the chronology in that memo,
refers to Carlsbad Highlands and is dated 1950. That memo also notes, "this is a natural
drainage course". I found a very old topo map, which confirms this. All of this documents the
location of the historic drainage flow.
Searching through additional plans, I found a Dwg. No. 104-6 that shows an existing inlet and
pipe crossing Park Drive, at Mr. Kabota's subdivision. The drawing is dated 1957 and signed by
the City Engineer, Jack Kubota (his subdivision was not done until 1973). That inlet took the
drainage from the southeasterly side of Park Drive and emptied into the natural channel on the
northwesterly side of Park, which leads to the Koop and Fisler properties.
I spoke with Mr. Kubota about what drainage course existed there in 1957. He answered that
when he came to the City in 1950, the inlet on the southeasterly side of Park Drive already
existed. This is consistent with the "drainage history" memo and chronology I found in the file.
I also found City Dwg. No. 108-3 dated March 1957 signed by Jack Kubota labeled, "Park Drive
Drainage Study". That drawing also shows an existing inlet and drain that emptied on the
August IO. 2000
ALTHEA LANE IMPROVEMENTS
Page 2
northwesterly side of Park into the natural channel. This is consistent with the other found
documents.
Mr. Kubota's subdivision of 1973 was conditioned to prepare a grading and drainage plan and
construct facilities to take waters from upsiream, via an extension to that existing pipe, across
his property. The outlet of those facilities is located in the same drainage channel as historically
existed.
A Mr. Stauss, who had owned the Koop and Gorgueiro's parcels, spoke at the Council hearing.
He stated that it was Mr. Kubota's, City required and approved drainage improvements of 1973,
that diverted the water and caused the drainage problem on his and Mr. Fisler's property,
However, I found a "record of oral information" from a City staff member that records his
discussion with Mr. Stauss. Per that record dated 1973, Mr. Stauss said, "drainage was illegally
diverted IO+ years ago". This is not consistent with Mr. Stauss' current claim that the drainage
problem started with the Kubota subdivision.
It is my conclusion, based on the facts found, that: 1) there was a natural drainage channel on
all of the subject properties (from Kubota's parcel to Fisler's parcel and beyond); 2) an inlet and
pipe crossing of Park Drive existed prior to 1957 and perhaps as early as 1950 maintaining that
natural drainage channel; 3) Mr. Kubota extended that same pipe in 1973 discharging the
the cause of the drainage problem now being claimed by Mr. Fisler and Mr. Stauss; 5) the
drainage into that same natural channel; 4) the City action to require that pipe extension was not
natural historic flow of drainage has been maintained and the City did not err in its actions; and
6) neither Mr. Fisler nor the Koops have a valid claim for City mitigation regarding this drainage.
The attached is a copy of the March 1957 drawing labeled "Park Drive Drainage Survey". I have
supplemented information on that plan with the names of property owners and some additional
property lines for clarification.
The City has four options that it can follow in regard to street improvements. The first option
would be to do nothing and leave the existing drainage and street improvements, or lack
thereof, to remain for the present time. Option number 2 would be to call the FIAs of Koop and
Gorgueiro to build their portion of the CUI de sac and wait for the Fisler property to develop and
install improvements in the future. Option number 3 would be to form an assessment district,
the Koop's and Gorgueiro's to construct their portions of the cul-de-sac on Althea Lane. Option
involving the Fisler property, to dedicate and construct his portion of Althea Lane and require
number 4 would be for the City to make the completion of Althea Lane a CIP project using City
funds.
Staffs recommendation would be option number 3. This option spreads the cost evenly among
the three property owners of the CUI de sac. We are exploring the process involved and will
return to council when complete information is available.
Please let me know if you require any additional information or documentation.
RJW:jb
Attachment
Attachment: Fisler letter, dated January 11, 2001
WCEIVED
?here is nc reascn for me to be involved with the cul-de-sac. I do not want it and never have. Xo one would want-a project that would cut out the, cen~er. of your properzy lezving a portion unbuildable, if a future eir.e desired to build.
For over 20 sme years we have been inccnvenienced by the City of Carlsbad
nothing shall be done allowing any earthen material to wash on the pre- breaking their own codes. 3ef. Section 15.16 170 3-2. This states that
mises cf ano.ther without written consent. There never was consent nor easemnt asked for.
Mayor Lewis viewed the probleo: personally in 139'3. His statement to ne was, John I will check into this. If the City caused these problems we will maice iz right. i4akin.g it right to me means retrobution for mistakes. In this case it neans the :icy paying for the cul-cie-sac portion on our
over 20 years of violations is unreasonable. If the council does not lot,. 3or us to dona.te property worth about $15,000.00 and put up with
feel the same way, I am sorry.
a ietter Stating that they did not want to handle it as a violation of L, recent exoerience with the City on the fill en said property, produced
the arainance, but if that became necessary, serious financial conseq- uences would be forthcoming. It seems we have two different:sets of rules.
I see no need to bring chis up again at a council meeting unless the City
Your letter says you will continue toward a fair and reasonable solution. is ready to make things right and pay for the third of the cul-de-sac.
There is only one fair solution as stated.
$t my last agenda on January 3,2000, I was given less than 5 minutes for my presentation while others with no agenda were given over 15 minutes.
I see no value for rre to request an agenda or engage in further discussion.
... ., .. . .
-
760 723-7555
V
February 7,2001
S,cott and Laura Koop
3886 Althea Lane
Carlsbad, CA 92008
IMPROVEMENTS TO THE ALTHEA LANE CUL-DE-SAC
This is a written confirmation of the contact that the City had with you last week
regarding your Future Improvement Agreement.
At this time, the City is no longer pursuing the immediate construction of the
improvements to the Althea Lane cul-de-sac. We will continue to hold on to your Future
Improvement Agreement so that if and when the improvements are put in, you would be
paying your fair share. No actions are required on your part.
If you have any questions, please contact me at 602-2733
Sincerely,
ROBERT J. WOJCIK, P.E.
Deputy City Engineer
RJW:jd
C: R. Thomas Wood
February 7,2001
August0 and Margaret Gorgueiro
3880 Althea Lane
Carlsbad, CA 92008
IMPROVEMENTS TO THE ALTHEA LANE CUL-DE-SAC
This is a written confirmation of the contact that the City had with you last week
regarding your Future Improvement Agreement.
At this time, the City is no longer pursuing the immediate construction of the
improvements to the Althea Lane cul-de-sac. We will continue to hold on to your Future
Improvement Agreement so that if and when the improvements are put in, you would be
paying your fair share. No actions are required on your part.
If you have any questions, please contact me at 602-2733
Sincerely,
ROBERT J. WOJCIK, P.E.
Deputy City Engineer
RJW:jd
C: R. Thomas Wood
February 23,2001
TO: CITY MANAGER
VIA: Public Works Director
FROM: Deputy City Engineer, Development Services
MR. FlSLERlALTHEA LANE CUL-DE-SAC
Over the past year, we have had numerous contacts with Mr. Fisler regarding his
request, at a Council hearing, for the completion of the Althea Lane cul-de-sac,
On January 11, 2001, Mr. Fisler delivered a letter to our office. It was a response letter
to an offer we made to him that we thought would be equitable. In his letter he writes,
"There is no reason for me to be involved with the cul-de-sac. I do not want it and never
have". "I see no need to bring this up again at a Council meeting unless the City is
ready to make things right and pay for the third of the cul-de-sac".
As Mr. Fisler does not appear willinq to neqotiate with us on this matter, and because
he is also droppinq the issue of the cul-de-sac. we are considerinq this matter closed.
We have contacted the other two owners involved, the Koops and Gurgueiros, and
informed them that the city will hold their Future Improvement Agreements and NOT
require them to put in their portion of the cul-de-sac, at this time. Since they were
informed in writing that we were requiring the improvements we will mail out a new letter
once we have your concurrence.
Regarding the existing condition of the cul-de-sac, both the waste management
company and the City's Fire Department were contacted to determine if they
experienced or foresaw any problems in providing service on that cul-de-sac, Both
parties responded that they did not know of any past problems and do not have any
present problems with the existing cul-de-sac,
Since there are no safety, service or access problems, and the fact that Mr. Fisler has
withdrawn his requests regarding the cul-de-sac, we will be doinq no further work on
this matter unless directed.
If you have any questions, please contact me at extension 2733.
ROBERT J. WOJCIK, P.E.
Deputy City Engineer
RJW:jd
n
July 5, 2001
TO: CITY MANAGER .A
VIA: Public Works
FROM: Deputy City Engineer, Land Development
ALTHEA LANE CUL-DE-SAC
As Mr. Fisler states in his letter (attached) to the Mayor dated June 4, 2001, his offer is a repeat
of his October 17, 2000 correspondence in which he offers to dedicate the right of way for
Althea Lane if the City pays for his portion of the street improvements. He also repeats his claim
of illegal drainage due to City development approvals.
Attached is a letter dated November 20, 2000 that I sent to Mr. Fisler. It states staffs position
concerning dedication, improvements and reimbursements. Also attached is a memo dated
August 7, 2000 spelling out the facts that I was able to find in my research back to 1957
concerning Mr. Fisler's drainage complaint. A summary of that memo is that Mr. Fisler's claim
of damage due to City approvals is unfounded. The drainage going across his property has
done so since 1957 and before. That watercourse is a natural and historic course of ftow which
was not diverted by the City. Therefore, the City did nothing wrong in subsequent approvals of
development upstream. Since Mr. Fisler's request is based on this claim of improper actions of
the City, staff does not support his request.
Staffs recommendation is the same stated in the November 20 letter. That is, if Mr. Fisler is
willing to dedicate the right-of-way, the City would have the Koop's and Gorgueiro's pay for their
share of the improvements. The City would pay for Mr. Fisler's share of the improvements if Mr.
Fisler also signed a reimbursement agreement. The agreement would state, that if and when his
property is subdivided in the future, he or the new owner would reimburse the City for our
contribution. This offer would give Mr. Fisler his requested improvements with no immediate
cost to him.
ROBERT J. WOJCIK, P.E.
Deputy City Engineer
RJW:jd
Attachments
August 7, 2000
TO: CITY MANAGER
VIA: Public Works Director
FROM: Deputy City Engineer, Land Development
ALTHEA LANE IMPROVEMENTS
At the request of the City Council and the direction of Lloyd Hubbs, I have prepared the
following information based on my research of the available City documents.
The two main areas of concern are: 1) what was the historical flow of drainage prior to
Mr. Jack Kuboda's subdivision; and 2) did the City error in directing or approving the Kuboda
drainage plan and any subsequent drainage plans for that area. From the parcel split no. 174
files for Jack Kuboda's property, I found quite a bit of correspondence on the drainage issue.
There is an unsigned memo in that file that is labeled, "Park Drive Drainage History". The first
entry refers to Carlsbad Highlands 1950. That memo also notes, "this is a natural drainage
course". I found a very old topo map which confirms this.
Searching through our plans, I found a Dwg. No. 104-6 that shows existing inlets and pipe
crossing at the subject location. The drawing is dated 1957 signed by the City Engineer,
Jack Kuboda (his subdivision was not done until 1973). That inlet took the drainage from the
the park. I spoke with Mr. Kuboda about what drainage course existed there in 1957.
southeasterly side of Park Drive and emptied into a natural channel on the northwesterly side of
He answered that when he came to the City in 1950, the inlet on the southeasterly side of
file. I also found City Dwg. No. 108-3 dated March 1957 signed by Jack Kuboda labeled,
Park Drive already existed. This is consistent with the "drainage history" memo I. found in the
"Park Drive Drainage Study". That drawing also shows an existing inlet and drain that emptied
on the northwesterly side of Park into a natural channel.
Mr. Kubota's subdivision of 1973 was conditioned requiring a "grading and drainage plan" to
take waters from upstream across his property. Mr. Kuboda said that condition is correct and he
constructed an "extension to the existing pipe" which stills outlets into the same drainage
channel as historically existed. I found a "record of oral information" from a City staff member
that records his discussion with Mr. Stauss. Per that record dated 1973, Mr. Stauss said,
"drainage was illegally diverted IO+ years ago". This is not consistent with Mr. Stauss' current
claim that the drainage problem started with the Kuboda subdivision.
It is my conclusion based on the facts found that: 1) there was a natural drainage channel on all
of the subject properties (from Kuboda's parcel to Stauss' parcel and beyond): 2) an inlet and
pipe crossing'existed prior to 1957 and perhaps as early as 1950; 3) Mr. Kuboda extended the
existing pipe in 1973; 4) Mr. Stauss said that the problem started ten plus years prior to 1973;
5) the City action to require that pipe extension was not because of the drainage problem now
being claimed by Mr. Fisler; and 6) the natural historic flow of drainage has been maintained.
August 7,2000
ALTHEA LANE IMPROVEMENTS
Page 2
I have attached a copy of the March 1957 drawing that the City has labeled "Park Drive
Drainage Survey". I have supplemented information on that plan with the names of property
owners and some additional lines for clarification.
At this point, the City has three options that it can follow. The first option would be to do nothing
and leave the existing drainage and improvements or lack thereof to remain for the present
time. Option number 2 would be to form an assessment district involving the Fisler property and
require the Koop's and Gorgueiro's to construct their portions of the cul-de-sac on Althea Lane.
Option number 3 would be for the City to make the completion of Althea Lane a CIP project
using City funds.
Please let me know if you require any additional information or documentation
ROBERT J. WOJCIK, P.E.
Deputy City Engineer
RJW:jb
Attachment
November 20, 2000
3975 Park Drive
John K. Fisler
Carlsbad. CA 92008
ALTHEA LANE CUL-DE-SAC
Your letter dated October 17, 2000 to the City Council members has been forwarded to me for
response. As you are aware, I have been involved with this issue for quite some time and am
very familiar with the situation in that area. The City is interested in completing the cul-de-sac
improvements. At this point, it is a matter of when.those improvements will go in and how they
wi!! be finzgcec! and c9nstructed.
As with all matters brought before the City Council, options for their review and discussion must
be prepared, fully analyzed and a recommendation proposed by staff before the Council can
make an informed decision. At this point, a fixed date to bring the matter to the City Council has
not been set. I would anticipate the item going to City Council in the first quarter of 2001.
The City has been and will be sensitive to the fact that this matter impacts several of its citizens.
Like yourself, they have limited resources with which to construct their obligations. It is because
of these sensitivities, that the City now finds itself in this position. We will continue in our
attempts to come up with a fair and reasonable solution to this issue,
One option I would like to your response on is the following: Your portion of the right of way
would be dedicated as you have offered. Construction of the cul-de sac would take place with
the cost being shared by all three property owners. The City may be willing to put in your share
of the cost with a reimbursement agreement with you. That cost wouid be reimbursed when and
if your property is subdivided. Thereby making it possible for you to not have to invest any
money at this time.
Please call or write to me with your response to this option.
If you have any further questions, please contact me at 602-2733.
Sincerely,
/,& ' I
wpw+
ROBERT J. WOJCIK, P.E.
Deputy City Engineer
RJW:jb
C: Public Works Director Fire Marshal
Management Analyst, Joe Garuba
Senior Civll Engineer, Skip Hammann
1635 Faraday Avenue Carlsbad, CA 92008.7314 (760) 602-2720 FAX (760) 602-8562 @
June 27,2001
ENGINEERING
DEPARTMENT
TO: CITY COUNCIL \
FROM: MAYOR LEWIS
ALTHEA LANE CUL-DE-SAC
Attached is a letter from John Fisler in which he is again offering to donate a portion o
his land (with certain conditions) for the cul-de-sac on Althea Lane.
to the Public Works Director (via the City Manager) for
/
Mayor
mhs
Attachment
c: City Manager
h
ivne 04, 2001
Attention: Mayor Lewis 'City. of Carlsbad
As stated in our letters of 11/17/00 and 01/11/01, the donation of our property for the cul-de-sac on Althea Lane was withdrawn.
However, to be good neighbors, we will again make the offer. It seems that I have been unable to explain our position so that everyone under-
one third portion with no cost to us now or ever. There is to be no stands. This offer, as before is contingent on the City installing our
reimbursement agreement as suggested by Engineering in the letter of 11/20/00. ';;e will only pay for curb on this portion.
We are not offering participation. The City has been routing for over
with neighbors water across our property:b on the way to discharge on Twenty years, street water containing oil and Contamination CO-mingled
inconvenience and financial cost. We consider this to be abuse by the Tamarack, without permission or an easement. 'This has caused great
City since it is in direct violation of the Cities own codes, (see
doubt concerning the outcome. enclosure).' If this were presented in a court of law, there is no
over $30,000.00 based on lot costs presently on the market, it is far Taking this into consideration, giving 2600 sq. ft. of land, worth
more than we should do. In fact, this retrobution is of value only to
of our property leaving a lot if ever divided, that would be very dif- other residents on Althea Lane. We end up with .a large chunk taken out
ficult to use for anything, 1N;M.l QQJNID~J,
If anyone can prove to us that an odd dog-leg shaped lot is worth more than the full lot, I would like to discuss it with you. Condemnation would be far more fair. We would then receive fair market value of the portion taken to repay us for the wrong.
Sincerelv.
Carlsbad, CA 9~008
November 20.2000
John K. Fisler
3975 Park Drive
Carlsbad, CA 92008
ALTHEA LANE CUL-DE-SAC
Your letter dated October 17, 2000 to the City Council members has been forwarded to me for
response. As you are aware, I have been involved with this issue for quite some time and am
very familiar with the situation in that area. The City is interested in completing the cul-de-sac
improvements. At this point, it is a matter of when those improvements will go in and how they wi!! be fi!?_ancec! cms!mc!z!,.
As with all matters brought before the City Council, options for their review and discussion must
be prepared, fully analyzed and a recommendation proposed by staff before the Council can
make an informed decision. At this point, a fixed date to bring the matter to the City Council has
not been set. I would anticipate the item going to City Council in the first quarter of 2001.
The City has been and will be sensitive to the fact that this matter impacts several of its citizens.
Like yourse!f, they have limited resources with which to construct their obligations. It is because
of these sensitivities, that the City now finds itself in this position. We will continue in our
attempts to come up with a fair and reasonable solution to this issue.
One option I would like to your response on is the following: Your portion of the right of way
would be dedicated as you have offered. Construction of the cul-de sac would take place with
the cost being shared by all three property owners. The City may be willing to put in your share
of the cost with a reimbursement agreement with you. That cost would be reimbursed when and
if your property is subdivided. Thereby making it possible for you to not have to invest any
money at this time.
Please call or write to me with your response to this option. 0.3 I I/
If you have any further questions, please contact me at 602-2733.
Sincerely.
/+&-qg&w+
ROBERT J. WOJCIK, P.E.
Deputy City Engineer
RJW:jb
C: Public Works Director
Fire Marshal
Management Analyst, Joe Garuba
Senior Civil Engineer, Skip Hammann
To:
From: Frank Mannen
9/26/01 1026AM
Bob Wojcik
Subject:
Date:
Re: Mr.Fisler
FOR THE INFORMATION OF THE ClTYCOUNClV 9mleCIN MAN-
ASS . CITYMANAGER
Bob,
will evaluate it and get back to him.
Thanks for the info. I am going to advise the Mayor to tell Mr. Fisler to put his proposal in writing and we
>>> Bob Wojcik 09/24/01 04:27PM >>>
Here's the attachment I mentioned in my voice mail to you today. (Mr.Fisl1 .doc)
(Althea Lane Improvement)
In case the Mayor forgot some of the history on this, I have attached a memo on some of my research.
Let me know what the marching orders are
From: Bob Wojcik
To: Frank Mannen
Date: 9/25/01 3:56PM
Subject: Mr.Fisler
Here's the attachment I mentioned in my voice mail to you today. (Mr.Fisll.doc)
In case the Mayor forgot some of the history on this, I have attached a memo on some of my research.
(Althea Lane Improvement)
Let me know what the marching orders are.
cc: Lloyd Hubbs
February 23,2001
TO: CITY MANAGER
VIA: Public Works Director
FROM: Deputy City Engineer, Development Services
MR. FISLEWALTHEA LANE CUL-DE-SAC
Over the past year, we have had numerous contacts with Mr. Fisler regarding his
request, at a Council hearing, for the completion of the Althea Lane cul-de-sac.
On January 1 1, 2001, Mr. Fisler delivered a letter to our office. It was a response letter
to an offer we made to him that we thought would be equitable. In his letter he writes,
"There is no reason for me to be involved with the cul-de-sac. I do not want it and never
have". "I see no need to bring this up again at a Council meeting unless the City is
ready to make things right and pay for the third of the cul-de-sac".
As Mr. Fisler does not appear willinq to nenotiate with us on this matter, and because
he is also droppinn the issue of the cul-de-sac, we are considerinq this matter closed.
We have contacted the other two owners involved, the Koops and Gurgueiros, and
informed them that the city will hold their Future Improvement Agreements and NOT
require them to put in their portion of the cul-de-sac, at this time. Since they were
informed in writing that we were requiring the improvements we will mail out a new
letter once we have vour concurrence.
Regarding the existing condition of the cul-de-sac, both the waste management
company and the City's Fire Department were contacted to determine if they
experienced or foresaw any problems in providing service on that cul-de-sac. Both
parties responded that they did not know of any past problems and do not have any
present problems with the existing cul-de-sac.
Since there are no safety, service or access problems, and the fact that Mr. Fisler has
withdrawn his requests regarding the cul-de-sac, we will be doina no further work on
this matter unless directed.
If you have any questions, please contact me at extension 2733
ROBERT J. WOJCIK, P.E.
' Deputy City Engineer
August 7, 2000
TO: CITY MANAGER
VIA: Public Works Director
FROM: Deputy City Engineer, Land Development
Althea lane improvements
At the request of the City Council and the direction of Lloyd Hubbs, I have prepared the
following information based on my research of the available City documents.
The two main areas of concern are: 1) what was the historical flow of drainage prior to
Mr. Jack Kuboda's subdivision; and 2) did the City error in directing or approving the Kuboda
drainage plan and any subsequent drainage plans for that area. From the parcel split no. 174
files for Jack Kuboda's property, I found quite a bit of correspondence on the drainage issue.
There is an unsigned memo in that file that is labeled, "Park Drive Drainage History". The first
entry refers to Carlsbad Highlands 1950. That memo also notes, "this is a natural drainage
course". I found a very old topo map which confirms this.
Searching through our plans, I found a Dwg. No. 104-6 that shows existing inlets and pipe
crossing at the subject location. The drawing is dated 1957 signed by the City Engineer,
Jack Kuboda (his subdivision was not done until 1973). That inlet took the drainage from the
southeasterly side of Park Drive and emptied into a natural channel on the northwesterly side
of the park. I spoke with Mr. Kuboda about what drainage course existed there in 1957.
He answered that when he came to the City in 1950, the inlet on the southeasterly side of
Park Drive already existed. This is consistent with the "drainage history" memo I found in the
file. I also found City Dwg. No. 108-3 dated March 1957 signed by Jack Kuboda labeled,
"Park Drive Drainage Study", That drawing also shows an existing inlet and drain that emptied
on the northwesterly side of Park into a natural channel.
Mr. Kubota's subdivision of 1973 was conditioned requiring a "grading and drainage plan" to
take waters from upstream across his property. Mr. Kuboda said that condition is correct and
he constructed an "extension to the existing pipe" which stills outlets into the same drainage
channel as historically existed. I found a "record of oral information" from a City staff member
that records his discussion with Mr. Stauss. Per that record dated 1973, Mr. Stauss said,
"drainage was illegally diverted IO+ years ago". This is not consistent with Mr. Stauss' current
claim that the drainage problem started with the Kuboda subdivision.
It is my conclusion based on the facts found that: 1) there was a natural drainage channel on
all of the subject properties (from Kuboda's parcel to Stauss' parcel and beyond); 2) an inlet
and pipe crossing existed prior to 1957 and perhaps as early as 1950; 3) Mr. Kuboda extended
the existing pipe in 1973; 4) Mr. Stauss said that the problem started ten plus years prior to
1973; 5) the City action to require that pipe extension was not because of the drainage
problem now being claimed by Mr. Fisler; and 6) the natural historic flow of drainage has been
maintained.
August 7, 2000
Althea lane improvements
Page 2
I have attached a copy of the March 1957 drawing that the City has labeled "Park Drive
Drainage Survey". I have supplemented information on that plan with the names of property
owners and some additional lines for clarification.
At this point, the City has three options that it can follow. The first option would be to do
nothing and leave the existing drainage and improvements or lack thereof to remain for the
present time. Option number 2 would be to form an assessment district involving the Fisler
property and require the Koop's and Gorgueiro's to construct their portions of the cul-de-sac on
Althea Lane. Option number 3 would be for the City to make the completion of Althea Lane a
CIP project using City funds.
Please let me know if you require any additional information or documentation
ROBERT J. WOJCIK, P.E.
Deputy City Engineer
RJW:jb
Attachment
AGENDA lTEM #12
Agenda Bill - 16,532
Althea Lane Cul-de-sac
ALTERNATIVE
Recommendation :
Authorize staff to proceed with the construction of
the cul-de-sac at the end of Althea Lane subject to
the following conditions:
1) Property owner (Fisler) enters into a Future
""'Payment Agreement with the City.
Property owner (Fisler) will dedicate road
right-of-way to the City.
City will pay for the cost of improvements on
the Fisler parcel.
If the parcel is subdivided in the future,
property owner (Fisler or owner of record) will
reimburse the City for the cost of cul-de-sac
improvements.