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HomeMy WebLinkAboutAgenda Statement 1977/11/01 Item 06CITY OF CHULA VISTA COUNCIL AGENDA STATEMENT Item No. 6 For meeting of 11-1-77 ITEM TITLE Resolution 8365: Accepting Public Improvements, Rancho Robinhood Unit No. 2 Subdivision i SUBMITTED BY Director of Public Works/City Engineer ~~ ~~~~ ITEM EXPLANATION (4/5TH'S VOTE REQUIRED VES NO x ) Robinhood Homes, Inc., has completed the public improvements for Rancho Robinhood Unit No. 2 Subdivision. The improvement agreement was approved by Council Resolution No. 8027 on January 20, 1976. A final inspection was made on October 6, 1977. All public improvements have been completed in accordance with the subdivision agreement and to the satisfaction of the Director of Public works. The Council's attention is directed to County residents' concern over possible damage to their properties resulting from the development of Rancho Robinhood Subdivisions. They have complained about silting problems across their property during the construction of Rancho Robin- hood. They are also complaining .about the constant nuisance water that flows across their properties. The developer attempted to enter the private property to remove the silting; however, the property owner refused his entrance. It is the opinion of the Department of Public Works that the water has sought its own way to the natural drainage course. There is no signi- ficant ponding of water and the silting up of the culvert pipe within the subdivision is minimal. Adoption of this resolution merely indicates that the City is satisfied with the work conducted by the contractor and agrees to take over main- tenance of the facilities. This resolution will not affect the City's position in regard to the drainage problem downstream. JL:ph EY-432 EXHIBITS Agreement Resolutions Ordinance_ Platte Notification List! Other X ENVIRONMENTAL DOCUMENT: Attached Submitted on FINANCIAL IMPACT The City will assume routine maintenance of the public facilities. STAFF RECOMMENDATION Adopt resolution. BOARD/COMMISSION RECOMMENDATION COUNCIL ACTION A P P R" ~ y L by +~,.~ CitJ' -. ~~. natEd_ Exhibit A 1vo~an~ L•. <~r,T 1•er-ems ~, horn cy [lf 1.uw It.~ ~f ~.LN 90]B) W C A ril RSCxLtQ4E 7ti7C9f x~3!!~~#a"Sf.§TX'iC:E~ k'~R'~k.'k R~E1:~x':2~x P.O.Box 113 BONITA, Calif.°2002 f`~'~ ~R/ (,J 0 VI August 17, 1976 Chairman of the Environmental Review Board City of CHUA VISTA, Calif. Dear Sir Please find enclosed herewith a letter which has been sent to the following Planning Commission De~~rtment of Public 64orks City Council This letter has been sent by the residents adjacent to the Rohinhood Development and who have been residents for many years - up to 35 years. Never in the past have we had to experience the circumstances set forth in the letter. We trust that the Environmental Board may interest itself in our behalf-for so far we have failed to obtain relief from the developer or from anyone else. Thanking you in advance for your attention to this matter, Yours truly, --~.~ ~y_ o~ °~- Bonita, August 15, 1976 To Chairman and hl~mbers of Public i'Jorks of the City of Chula Vista, California Reference is made to the final phase of the developrent of "rancho Ro~inhood" which is being completed in that hollow of land abutting ;:lla B.Al1en School on one side and privately owned land lying in the County of San Diego on the other side. In the original plans submitted by Mr.Casey to the City of Chula Vista the said acreage was supposed to be a park to be acquired by the City of Chula Vista. vlhen those plans fell through, ZvIr.Casey stated that he would build tennis courts, thereby preserbing some open space; but this plan likewise fell through and Mr.Casey was then allowed to build 14 additional houses. Before final approval is given to Mr.Casey to proceed to place the said 14 houses on the market, we, the undersigned being residents directly in the path of the drainage resulting from the construction of said develop~rent, wish to be on record in advising you of past events which have already taken place as a result of Rancho Robinhood development. ibis past winter we were compelled to suffer the oonsequences of a considerable flow through our properties, of muddy, clayi~lsh water which left a thick coat of silt and which is readily visible at this writing. This has resulted in damage to vegetation and growth. Several of us tried to contact P~1r.Casey repeatedly to express our concern and were ignored, in spite of the Fact that we were assured at the beginning of developement that measures were taken to handle drainaPe so as not to inconvenience any long established property owners. Ude would appreciate your cooperation in considering this very serious problem and taking such steps as may be necessary to safeguard us from a repetition of last ye ax's experience or worse. kde :hould appreciate hearing fron you as Thanking you for your attention, Yours truly, ,j ~ / ,e _y~1 %: ; to what plans you may propose. , . ,, _ ; `~ ~> i" . ~ bi , lj r ~ 'y~; ~ . r / -- ~ l ;,,~ ~; G C r- L ~ i/ %?~ I~ i' ~c'e.~, f i ., i f ~%~ „~/~ ~ C~ ZEE' ~~. ~/ i ~~• lc<: 5 ~ .~ - ~ - ~ J- 6 o s+ sTiE ~`'~ Please address reply to Roland r.de Fere-P.O.Box 113 -Bonita, C:~1if.92002 ~ y ~~~ . p nTTOR4EV5 AT'Li6W- q, a. <: •3~ . w.JOw~i a93 THIRD AVENDE f,~ CHJL4 VISTA CA iWK~(yAylg lp20 ~ , l% ~ ~ 1 J v~ J December 7, 1976 Mr. i~liehael J. Roberts Fredman, Silverberg & Lewis, Inc. Attorneys at Law 3252 Fifth Avenue San Diego. California 92103 i'.'° Re: Rancho Robinhood Dear VIr. Roberts: This wilt acknowledge receipt of your letter of November 23, 1976. I have discussed the same at length with my clients. Your letter contains at. least two statements which my clients consider to be wholly or partiail~~ untrue. In paragraph 2 of your Letter you state that representatives of Robinhood Homes, Inc. , advised my clients on several occasions that upou completion of construction, they would remove the surplus material which was washed nn my clients' property during the construction period and return their propertti to its original condition. This statement is onlc partially- true. The only representation made by Robinhood Homes, Inc., before your clients experienced difficulties in having their sales financed, was to the effect that it would replace my clients' fence. At Least I35 feet of the damaged fence has not as yet been in fact replaced. Long after the mud and sand was deposited on my clients' property, your clients requested permission to enter upon Mr, and Mrs. Filson's land and remove the deposit of mud and sand. By this time, after the first rain, the surface water channel to the west of my clients' property had also been built up, and the removal of the deposits now from the Filson land would result [n a pool of water on their land. There is now an all year stream of irrigation water being deposited on the Filson land. Secondly, in paragraph 3 of your letter you indicate that your client anticipates that the quantity of water that will be expelled from the storm drain will b~• less than the natural quantities of water that formerly flowed through their property. My clients definitely deny that statement. The fact is that waters now daily flow through the storm drain, and are deposited upon my clients' land. [n the past no waters accumulated upon their land, and the waters that did flow down the channel did so only when it rained. Furthermore, in the past most of the water from the hillside flowed in an easteriti direction toward Allen School and Otay Lakes Road. The streets and excavations of the subdivision have changed the natural \Ir. :Michael J. Roberts December 7, 1976 Page 'L drainage of the surface waters. Formerly, the surface waters were discharged into the natural surface water channel as a thin sheet over the entire land bordering the channel. Your clients' development has changed this natural flow of surface waters so that the surface waters now are accumulated into a pipe and disgorged at high velocity at one point upon my clients' property. With regard to the above remarks, I enclose a copy of my letter to Robinhood Homes, Inc., dated April 8, 1976, and the answer thereto of Robinhood Homes, Inc., dated April 12, 1976. The letter of April 12 indicates to me the complete lack of concern, until recently, of Robin- hood 1lomes, Inc. , with the problems it has created for the downstream property owners, I also here express my opinion that the statement in your letter of November 22 to the effect that your client will look to Mr. and Mrs. Filson for indemnification in the event a claim is brought against Robinhood Homes, Inc., to be a blatant attempt to shift the burden from one who has caused alt the damage to persons who have done nothing whatever. I doubt that such an attempt wilt fool any court, or that it will fool Mr. and Mrs. Filson's neighbors. Regarding your request that your client be permitted to enter upon my clients' property to remove the accumulated dirt and sand that washed down from your client's property during and after their work of construction and ware deposited upon my clients' property, our position is that we are fearful that if we permit you to remove the sand and soil, the result would be to create a permanent pool of water upon the Filson property, and the effect also would be to increase the velocity of the flow of water at the time of rains upon the lands of the downstream owners. In any event, my clients remain willing at any time to cooperate as a group with Robinhood Homes, Inc., Mr. and Mrs. Roland DeFere, Mr. and >tlrs. W. W. Humphries, Mr. Clark, and Mr, and Mrs. Norman Kinsel, and any other downstream owners in planning a drainage system or structure that will result in no harm to the downstream owners and which is acceptable and agreeable to all of them. If you can obtain the requests or consents of all of the above mentioned four downstream owners to the plan you suggest or any other plan, my clients will cooperate'. Very truly yours, Albert C. Boyer ACB:emw Enc 2 cc: Mr. and Mrs. Arthur C. Filson Mr. and Mrs. Roland DeFere Mr. and Mrs. W. W• :{umphries lMr. and Mrs. Norman Kinsel Mr. Clark Chula Vista City Engineer A poll 8. li'li tieb/ehood Romer, Iao. 358 Trowdate 1?st~e Chula Vlata, Calitornta i301o C try Mataa~er a[ tba C try of Clwla Vtsla 2Ti Fourth A~eoue ChuL Vtrta. Cslttornla iftlt0 ctty ~.aitnaAr of the Clty et Cdnla Vista it7i Fourth A~eaue Ctaata Vtrta, Catttornla i14t/t0 Dens Ctrs: I have bean ooaruUed byy Mr. asd l4rs. ArtMat C. 8l1sMa concerniai the drattat-ye problem areatsd by t-e Aebtolroed Isomer De~etopmcnt in F~oalta. I tiered t-r IIO" dtrahs~e pipe w-lah db- ehaeyer accumulated wales upoa my olteotr' preprrty tress t-e liabinhood 9ubdltiston Ga Boalta. tt V apparent that the detelop~teat has errata! s dataptow rttwtlon la that a large toLame of sashes waters q eolteotad la a 50" pipe, and dirchar`ed dteeotly upts my sUeab' peoPerty sad tM property of their aetshboee. The rule of taw t• steer. As uOper areas may wet dlteet aurhoe retort ota hla loads b the -sads at a {ewer orate by artl- Actal meant, nos may -e aaeelerate aM WmesN t-e llsw by meant of dttohaa ae laereaea the 4ataase at -le ewe iasd to tie ia~asy al a lower awoer. 69 Csl Jar td, waters. fTlt. P. !ii Q. The purport of thlr letter t• to pat alt eoaoersed eel aeKlee that my etlertr wilt hold those at fault respsasi-le tae ail demote that tray ba soured by th-s draisare sttusttea, sad to demand that adequate alteraalite dsataada stcuotures M aeasted M ailetiate the peoblem. Very truly yens. Albert C. Hoyar AC B:emw ac: ,iar. sad arri. Art-us C. Plisse aaR TRDUSOALE DRIVE CHULA VISTA. CALIFORNIA 92010 422-0123 ;~ .ri ' ... , 1.570 noyer and Mellougnl: Attamayx at i,av 392 'Phirc3 Avs. .'hula Vista. ~.alif. v7+Y i, Att!':: ..!.hart ':- ''acnr (rt+ntl.rmrr , I am 1r± recei~=! cf pour letter dated April 8, 1976 Flrase be advisees that ail inT~ravementa including drainage at our development ;n Bonita are inxta::eA accarding to the etandard8 of the City of Chub 'vixta. Any ingcdriea regaroina, the design of the drainage eyeteee should tw addrseaed to the pity of Chula yixtn ^hgineering Ueparwuent. ;i' i pan h© 01' any :\nrther assistance, please do sot hesitate to contact me. :aura truly, ~ .~ / 1'ro,)ect Mar~++ger // ~~ l~ ' ~~ -! ~'7` _ -~ ~ _....._ . ..._,,. _ ............. ...........°------°-•------..........................--------------.... goo no...-...... /z ~ ~~ F; ti ~~ 'ie`s6i i _ -. •~ 0 tia /24 0 yF i /25 4 ~ _PQ' /Z6 /30 ~ /29 /zB /23 rr Pj /2Z A /2/ \A m /20 ~ //9 a n n /ia ~~ I I ~ ~~~ r ~~i). :~~r-)JJL Of oa_i_vE __~ C I ---~_ h~ ~q~ 93 j 92 I 9i I 90 1 s9 I se ~ A I 1 I I ~vz @~~~ \ ~ m ~ h~a ~ F~ r~ 1~l r~J J ,% F~J~1~~1J-JJJ~ „s J ~~l J r ~~) J, J ~ / 94 ' t7LAT oF: ~ANCNO I20131NHOOf~ UNIT NO. 2 V/C/N/TY MAP ~/ ~~^ s ~\ ~ ~ ~ ba0 / A /~/ ~ ~~~~~ ~~Q~~>I~d` / A \ a ~ • `~ ~, ~( \ A A ~ VY ~ ~ ~ ~ ~ ~o V ~l ~ 7 ~i' ~ v~Sr ~ ~ lla5 ~ ~' ~0~ - - 4~0 ~ pP~ ~v ~- ~ ~ ~ - , ~ ,;~~, ~,,, ~- Q ~ 4 ~ ~ ~ ~, ` ~ V ~ ~, .eo- -____~ ~. era ` ~ r~~ ~ \ , ~ n Irr \ ~/ \ , 0 ~ ~F~® o ~ -- _ , 0 o ~ ~, i ~ ^ / , ~ ~pM ~~~ ,~ ~ ~ ~~ ~' ,- ,, ~ -\ ,my- -- ~o ~ _ ~, ~, ~ -_ ,zz~ __~' ~o, { - ~ , , o _ \, L~- . ~ ~ ~~T ~~~6 Flow i E~~ ~ ~ ~ ~ 3l O ~ - _~ -~.~ 9l 5 ~! 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