Item 16 - Paving of Budwin Lane North of Twin Peaks Rd
AGENDA -";PORT SUMMARY
TO: Honorable Mayor and Members of the City Council
- FROM: James L. Bowersox,. City Ma~
INITIATED BY: Mark S. Weston, Director of Engineering servjce~~
J. Bradley Kutzner, Senior Civil Engineer ',-t
DATE: May 4, 1993
SUBJECf: Paving of Budwin Lane North of Twin Peaks Road
ABSTRACf
This report addresses the residents' request to assist with the paving of the north end
of Budwi n Lane. Staff is recommending a Neighborhood Loan Program be established to
assist the residents. Design and construction management would be done by City staff
and donated as the City's share of costs for the improvements. SDG&E has not offered
to share any of the costs for the improvements.
ENVIRONMENTAL REVIEW
No environmental review is required at this time. An environmental review will be done
during the design of the project.
-. FISCAL IMPACf
There are sufficient funds available in the Unappropriated Street Fund and the
Unappropriated Drainage Fund to provide money for this project.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Budwin Lane property owners.
RECOMMENDATION
It is recommended that the City Council:
1. Approve the project and appropriate the funds for it from a combination of
the Unappropriated Street Fund and the Unappropriated Drainage Fund.
2. Approve a Neighborhood Loan Program to loan the residents' share of the
project costs to the property owners. The apportionment of these costs
shall be determined by the residents. The interest rate will be 4% simple
interest. The term of the loan will be for 5 years.
3. Approve a 25% share of the costs to be paid by the City (up to $28,750)
- ACTION
1 of 13 MAY ~ 1993 ITEM 16
AGENDA REPORT
CITY OF POWA Y
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Council, staff or public request it to be removed from the Consent Calendar and
discussed separately. If you wish to have this report pulled for discussion, please fill out a slip indicating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: Honorable Mayor and Member~e City Council
FROM: James L. Bowersox, City Ma
INITIATED BY: Mark S. Weston, Director of Engineering service~~
J. Bradley Kutzner, Senior Civil Engineer
DATE: May 4, 1993
SUBJECT: Paving of Budwin Lane North of Twin Peaks Road
BACKGROUND
This winter the unpaved portion of Budwin Lane experienced major erosion from
water coming off of the Huntington Gate development (Exhibit A). The
residents along Budwin lane contacted staff to find out what assistance they
could get in paving the road and permanently eliminate the erosion problem.
We have prepared cost estimates and met with the residents to discuss the
possible options.
The residents have also inquired about bringing the public sewer system into
their neighborhood. Costs for this were also given to them. They have
selected not to proceed with the sewer at this time.
In February of this year, the residents submitted petitions with 11 of the 25
properties represented (Exhibit B). This petition requests the City's
assistance in improving the road to private road standards (20' paved width).
It also requested that the City share in the costs of the improvements.
Staff has estimated that the project will cost approximately $115,000. A loan
program could be set up to provide the funding for this project. Because of
the presence of a water line in Budwin Lane which the City must maintain,
staff suggests that the City share in the costs of these improvements by
paying for 25% of the costs incurred. This would reduce the residents' share
of the estimated costs to $86,250.
Staff will also contact SDG&E who maintains a line of poles along Budwin lane
to see of they will participate in a share of these costs.
ACTION:
2 of 13
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Agenda Report - Paving of Budwin Lane North of Twin Peaks Road
May 4, 1993
Page 2
FINDINGS
Because of the continued erosion problems occurring on Budwin Lane, the
residents have requested that the City assist them in paving Budwin Lane.
This erosion has threatened the stability of a public water main in Budwin
Lane causing City maintenance crews to perform several emergency repairs to
the road over the last few years. It is in the City's interest to work with
the residents to solve this problem.
A 25% share of the costs represent a reasonable share for the City to put
forward in support of this effort. The property owners will be responsible
for the remaining costs and the maintenance of the road. The City will set up
a loan program to provide the financing for this project.
ENVIRONMENTAL REVIEW
No environmental review is required at this time. An environmental review ill
be done during the design of the project.
-~
FISCAL IMPACf
There are sufficient funds available in the Unappropriated Street Fund and the
Unappropriated Drainage Fund to provide money for this project.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Budwin Lane property owners.
RECOMMENDATION
It is recommended that the City Council:
1. Approve the project and appropriate the funds for it from a
combination of the Unappropriated Street Fund (23-8930) and the
Unappropriated Drainage Fund (24-8930).
2. Approve a Neighborhood Loan Program to loan the residents' share
of the project costs to the property owners. The apportionment of
these costs shall be determined by the residents. The interest
rate will be 4% simple interest. The term of the loan will be for
5 years.
3. Approve a 25% share of the costs to be paid by the City (up to
$28,750).
Attachments: Exhibit A - Photos of Huntington Gate Erosion
- Exhibit B - Petitions
3 of 13 _~,r..y 4 1993 iTEM 16
EXHIBIT "A" J..
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BUDWIN LANE ~~;:",~:,,~; .
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NEAR MID PT.
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BUDWIN LANE
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AT RETIREMENT HOME LOOKING SOUTH
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M,ey 4 1993 ITEM 16
BUDWIN LANE
2/93
A T RETIREMENT
HOME LOOKING
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:>F RETIREMENT
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SOUTH
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EXHIBIT "B"
We. the residents of Budwin Lane hereby are petitioning the City Council to consider the
project of improvement of Budwin Lane to private road standards. We also are
requesting City participation in the cost of those improvements.
ADDRESS: SIGNATURE:
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We. the residents of Budwin Lane hereby are petitioning the City Council to consider the
project of improvement of Budwin Lane to private road standards, We also are
requesting City participation in the cost of those improvements.
ADDRESS: SIGNATURE:
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We, the residents of Budwin Lane hereby are petitioning the City Council to consider the
project of improvement of Budwin Lane to private road standards. We also are
requesting City participation in the cost of those improvements.
ADDRESS: SIGNATURE:
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We. the residents of Budwin Lane hereby are petitioning the City Council to consider the
project of improvement of Budwin Lane to private road standards. We also are
requesting City participation in the cost of those improvements.
ADDRESS: SIGNATURE:
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We. the residents of Budwin Lane hereby are petitioning the City Council to consider the
project of improvement of Budwin Lane to private road standards. We also are
requesting City participation in the cost of those improvements.
ADDRESS: SIGNATURE:
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We, the residents of Budwin Lane hereby are petitioning the City Council to consider the
project of improvement of Budwin Lane to private road standards. We also are
requesting City participation in the cost of those improvements.
ADDRESS: SIGNATIJRE:
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We. the residents of Budwin Lane hereby are petitioning the City Council to consider tIr6l ~
project of improvement of Budwin Lane to private road standards. We also -f: 0
requesting City participation in the cost of those improvements. \ ~ (:'
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ADDRESS: SIGNATURE: "'~ ""-1>. ~'"
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APRIL 30, 1993 RECEIVED
CITY OF POWAY
MEMBERS OF CITY COUNCIL AD') ';"
'I i\ V I...'
CITY OF PO\"lAY --
DEAR MEMBERS: CITY CLERI~'S OFFICE
WE ARE ONE OF TWENTY-FIVE FAMILIES LIVING ON BUDWIN
WHO HAVE BEEN SUFFERING DEVASTATION OF BUDWIN LANE EACH WINTER.
THIS DAMAGE IS CAUSED FROM DRAIN -OFF OF THE HUNTINGTON GATE
SUBDIVISION PROJECT. WE NEVER HAD THIS PROBLEM UNTIL THE SUB-
DIVIDER (MR. ROBERTS et. al.) MOVED SO MUCH DIRT TO CHANGE THE
ADJACENT TERRAIN TO BUDWIN LANE VERY DRAMATICALLY.
WHEN MR. ROBERTS HAD HIS PROJECT APPROVED BY THE CITY
OF POWAY, WE WERE GUARANTEED BY THE CITY THAT THE EROSION OR ANY
DAMAGE TO OUR PROPERTIES WOULD BE INSURED BY THE CITY.
(REF., RESOLUTION NO. P-86-17., APPROVING TENT. MAP 86-01)
IT IS UNFORTUNATE THAT THE S. & L. HOLDING THE INSURED
BOND WENT BANKRUPT. HOWEVER, THE POINT IS WE, THE HOMEOWNERS DO
NOT WANT TO BECOME THE CONTINUAL VICTIMS OF YOUR PROBLEM. BY
BASIC LAW, THE OWNERS OF LAND CAUSING DAMAGE TO LOWERLAND ARE
- RESPONSIBLE FOR ALL DAMAGES AND COSTS TO THE OWNERS OF THE
LOWERLAND. THE TERRIBLE CONDITION OF OUR ROAD COULD CAUSE SERIOUS
INJURY OR DEATH TO SOMEONE. THEN WE WOULD ALL BE IN FOR SOME
VERY SERIOUS LAWSUITS. IN ADDITION, THE CITY SPENDS A SIZEABLE
AMOUNT OF MONEY AND TIME TRYING TO MAINTAIN THE WATERLINES AFTER
EACH RAIN WHICH HAS PROVED FUTILI DOE-~OTHE ONGOING EROSION OF
OUR ROAD.
AS TAXPAYERS, WE DESERVE MORE THEN THIS TERRIBLE ROAD
CONDITION WHICH HAS BEEN BROUGHT ABOUT BY THE CITY OF POWAY'S
APPROVAL OF A SUBDIVISION ABOVE OUR PROPERTIES. A TRAGIC
CONDITION WHICH WORSENS EACH YEAR.
~RU~
/I..
MATT & MARY SOKACH
BOX 381
14934 BUDWIN LANE
POWAY, CA.
92074
PHONE (619) 748-1485
MAY 4 1993 ITEM 16
,
AGENDA RRPORT SUMMARXOISTRIB....TED ~ J;)ffJ3~
TO: Honorable Mayor and Members of the City Council
_ FROM: James L. Bowersox, City Man~
INITIATED BY: Mark S. Weston, Director of Engineering service~~
J. Bradley Kutzner, Senior Civil Engineer ~
DATE: May 4, 1993
SUBJECl': Paving of Budwin Lane North of Twin Peaks Road
ABSTRACl'
This report addresses the residents' request to assist with the paving of the north end
of Budwin Lane. Staff is recommending a Neighborhood Loan Program be established to
assist the residents. Design and construction management would be done by City staff
and donated as the City's share of costs for the improvements. SDG&E has not offered
to share any of the costs for the improvements.
ENVIRONMENTAL REVIEW
No environmental review is required at this time. An environmental review will be done
during the design of the project.
- FISCAL IMPACl'
There are sufficient funds available in the Unappropriated Water Fund and the
Unappropriated Sewer Fund to provide money for this project.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Budwin Lane property owners.
RECOMMENDATION
It is recommended that the City Council:
1. Approve the project and appropriate the funds for it from a combination of
the Unappropriated Water Fund and the Unappropriated Sewer Fund.
2. Approve a Neighborhood Loan Program to loan the residents' share of the
project costs to the property owners. The apportionment of these costs
shall be determined by the residents. The interest rate will be 4% simple
interest. The term of the loan will be for 5 years.
3. Approve a 25% share of the costs to be paid by the City (up to $28,750)
- ACfION
1 of 15 MAY 4 1993 ITEM 16
W"!I~ II Mil':1 I.' I':'",
~ AGENDA REPORT
CITY OF POW A Y
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Council, staff or public request it to be removed fr?~ ~e ~onsent Calendar and
discussed separately. If you wish to have this report pulled for discussion, please fill out a slip indicating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
R.EPllaOEMll'illltf
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TO: Honorable Mayor and Members of the City Council
FROM: J.." L. ....",'. C1ty ~
INITIATED BY: Mark S. Weston, Director 0 ngineering s~~~t
J. Bradley Kutzner, Senior Civil Engineer _ ,"
DATE: May 4, 1993
SUBJECf: Paving of Budwin Lane North of Twin Peaks Road
BACKGROUND
This winter the unpaved portion of Budwin Lane experienced major erosion from
water coming off of the Huntington Gate development (Exhibit A). The
residents along Budwin lane contacted staff to find out what assistance they
could get in paving the road and permanently eliminate the erosion problem.
We have prepared cost estimates and met with the residents to discuss the
possible options.
In an effort to respond quickly to the residents' concerns, temporary repair
of the erosion shown in Exhibit A has been performed by City workers. Efforts
by staff also are continuing to have the permanent drainage improvements
required of Huntington Gate installed as early as possible. This would
eliminate the need for this type of repair every winter.
The residents have also inquired about bringing the public sewer system into
their neighborhood. Costs for this were also given to them. They have
selected not to proceed with the sewer at this time.
In February of this year, the residents submitted petitions with II of the 25
properties represented (Exhibit B). This petition requests the City's
assistance in improving the road to private road standards (20' paved width).
It also requested that the City share in the costs of the improvements.
ACTION:
2 of 15
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-
- Agenda Report - Paving of Budwin lane North of Twin Peaks Road
May 4, 1993
Page 2
Staff has estimated that the project will cost approximately $241,000. A loan
program could be set up to provide the funding for this project. Because of
the presence of a water line in north/south portion of Budwin Lane which the
City must maintain, staff suggests that the City share in the costs of these
improvements by paying for 25% of the costs incurred to improve the north-
south portion of the road and the residents pay 100% of the east/west portion.
This would reduce the residents' share of the estimated costs to $212,250
(Exhibit C). Staff will also contact SDG&E who maintains a line of poles
along Budwin lane to see of they will participate in a share of these costs.
FINDINGS
Because of the continued erosion problems occurring on Budwin Lane, the
residents have requested that the City assist them in paving Budwin Lane.
This erosion has threatened the stability of a public water main in Budwin
Lane causing City maintenance crews to perform several emergency repairs to
the road over the last few years. It is in the City's interest to work with
the residents to solve this problem.
A 25% share of the costs of improving the road where the water line is located
represents a reasonable share for the City to put forward in support of this
effort. The property owners will be responsible for the remaining costs and
the maintenance of the road. The City will set up a loan program to provide
the financing for this project.
ENVIRONMENTAL REVIEW
No environmental review is required at this time. An environmental review ill
be done during the design of the project.
FISCAL IMPACf
There are sufficient funds available in the Unappropriated Water Fund
($28,750) and the Unappropriated Sewer Fund ($212,250) to provide money for
thi s project. The sewer fund would only provide a temporary source of money
and all of the money repaid by the residents would go back to the sewer fund.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Budwin Lane property owners.
MAY 4 1993 ITEM 16
3 of 15
Agenda Report - Paving of Budwin Lane North of Twin Peaks Road
May 4, 1993
Page 3
RECOMMENDATION
It is recommended that the City Council:
1. Approve the project and appropriate the funds for it from a
combination of the Unappropriated Water Fund (60-8930) and the
Unappropriated Sewer Fund (70-8930).
2. Approve a Neighborhood Loan Program to loan the residents' share
of the project costs to the property owners. The apportionment of
these costs shall be determined by the residents. The interest
rate will be 4% simple interest. The term of the loan will be for
5 years.
3. Approve a 25% share of the costs of the improvements to the
north/south portion of Budwin Lane to be paid by the City (up to
$28,750).
Attachments: Exhibit A - Photos of Huntington Gate Erosion
Exhibit B - Petitions
Exhibit C - Area Map
JLB:MSW:JLB:mh
MAY 4 1993 ITEM 16
4 of 15
EXHIBIT flA" 1-
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. EXHIBIT -B-
We. the residents of Budwin Lane hereby are petitioning the City Council to consider the
project of improvement of Budwin Lane to private road standards. We also are
requesting City participation in the cost of those improvements.
ADDRESS: SIGNATURE:
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We, the residents of Budwin Laile hereby are petitioning the City Council to consider the
project of improvement of Budwin Lane to private road standards. We also are
requesting City participation in the cost of those improvements.
ADDRESS: SIGNATURE:
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We. the residents of Budwin Lane hereby are petitioning the City Council to consider the
project of improvement of Budwin Lane to private road standards. We also are
requesting City participation in the cost of those improvements.
ADDRESS: SIGNATURE:
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We. the residents of Bud win Lane hereby are petitioning the City Council to consider the
project of improvement of Budwin Lane to private road standards. We also are
requesting City participation in the cost of those improvements.
ADDRESS: :;::;<'A;h.~ JM-
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We. the residents of Budwin Lane hereby are petitioning the City Council to consider the
project of improvement of Budwin Lane to private road standards. We also are
requesting City participation in the cost of those improvements.
ADDRESS: SIGNATURE:
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MAY 4 1993 ITEM 16
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We, the residents of Budwin Lane hereby are petitioning the City Council to consider the
project of improvement of Budwin Lane to private road standards. We also are
requesting City participation in the cost of those improvements.
ADDRESS: SIGNATURE:
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- 13 of 15
MAY 4 1993 ITEM 16
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liS $C/or J A ~ p.:Gs. r::::....r THftW Ie. ~.
We. the residents of Budwin Lane hereby are petitioning the City Council to consider tI1ll> ~
project of improvement of Budwin Lane to private road standards. We also ~ C'
requesting City participation in the cost of those improvements. ~ ~ ~
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ADDRESS: SIGNATURE: ~ ~ ,,\
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14 of 15
MAY 4 1993 ITEM 16
EXHIBIT .C"
.
AP.J.I. A.P.N. A.P.N.
14-860-0 81.....860-08 821--410-04
DANNY ,& GLORIA A.P.N. HUNTINGTON GATE L.P.
81.....860-10
JONES CARL It PATRICIA BERRY
AJ'.N.814-660<-01l
MATT & MARY SOKACH
A.P.N. A.P.N.
I 314-560-09 821-410-06
JOHN & A.P.N-
el SHARON 814-860--11 HUNTINGTON
HEAFEY ANDREW & CAROL GATE l.P.
g/ SHEETS
BUDWlN LANE
INSTALL 200 L.F. p, OSED
I RETf\lNING WALL 20' WlDE PWT.
ALl NO.2
A.P.N. I AP.N. A.P.N. A.P.N. A.P.N.
814-1160-16 914.860-14 814-860-13 814-805-12 921-410-08
JOSEPH CZARZASTV JOSEPH CZARZASTY TSO CHENG &: HAROLD &: DONNA HUNTINGTON
WANG FAN SHAFER GATE loP.
A.P.N.
814-860-82
JAMES ,& PHYLLIS A.P.N,
DAVIS A.P.N,
814-860-17 314-860-1& SCAl..(l"_2Od
A.P.N. CURllS ,& CATHY RICHARD &: ELEANOR A.P.N.
821-410--09
814-860-88 EVANS PARE WOLZ HUNTINGTON
JAMES &: PHYlLIS GATE L.P.
DAVIS
A.P.N. ~
814-880-8-4 ~
JAMES &: PHYLLIS z
DAVIS A.P.N.. AP.N. ,.
314--860-20 314-060--19 c
PERRY & YONNA JOHN & MARILYN ~ A.P.N,
A.P.N. LAMB POLCYN 821-410--11
814-660-86 HUNTINGTON
JAMES ,& PHYLUS GATE L.P.
DAVIS INDI"NPEAKTRoI.lL
/
A.P.N. A.P.N. A.P.N. /
81+-660-31 814-660--21 814-6150-22
FIRST SECURITY MORTGAGE RONALD & PAMELA JAMES & SAUJO
SCHNEIDER HENDERSHAW PROPOSED
20' WIDE PWT.
ALT. NO.1
A.P..N 621-410--69
WILLIAM &: BARBARA BROWNE
A.P.N. A.P.N. A.P.N.
814-660--88 814-650-24 814~66o-28
FIRST SECURITY MORTGAGE PAUL & SALLY PATRICK &: CONSUELO
ROY MONTOYA
A.P.N. 821-021-01 P.U.S.D.
A.P.N, 8.....&61-21 S.D.G.& E.
A,P,N.
821-021-02
POWA Y UNIFIED
SCHOOL DISTRICT
BUD WIN LANE PAVING II
MAY 4 1993 ITEM 16
15 of 15
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14858 Budwin Lane l ~1;:: .....~,.
Poway, CA 92064 MAY 4: 1993
May 1, 1993
~,. ry
1,;/, u:= ":V',,",,, y
...... ' I >J..'r\
Don Higginson, Mayor \..-fTY MAN,J,GEPS OFF!C':
Poway City Council
Poway, CA 92064
Dear Mr. Higginson,
My vote for you was made because I believe you have the concerns of
the residents in Poway foremost in your heart and do all in your
power to provide them with safety and contentment to make this such
a lovely community. Now I would like your help because I am angry
about the way the City has handled the Huntington Gate building
debacle and seemingly lack of concern for the residents along the
unpaved section of Budwin Lane north of Twin Peaks.
Our home is located across the road from the graded undeveloped
portion of Phase 2 of the Huntington Gate development. We've
enjoyed having an unpaved country road for 10 years now even though
we've had a few minor trials and tribulations traveling along it
occasionally. However, nothing can compare to what we've
experienced since the flooding and lack of proper drainage from the
Huntington Gate development. This past season of storms has made
traveling the road most dangerous due to the constant deluge of
runoff from that defunct housing project. The City tried to provide
quick-fix, temporary solutions to stem the tide of the runoff which
not only did not cure the problem, but cost the Poway taxpayers a
9reat deal of money.
City water lines are also in jeopardy. Now I think it's time for
the Ci ty of Poway to do something constructive and permanent to
protect us and City property from further disasters.
The City and I are victims of a housing project gone sour and as a
taxpayer I believe the City of poway should take immediate action.
Before you know it the rainy season will be upon us again. Please
support the Council and vote to pave Budwin Lane.
Thank you for your time. I will be at the May 4th Council meeting.
Sincerely,
IJ~
Marilyn Polcyn
MAY 4 1993 ITEM 16
-- ---- --- -----
-- ----
-, DISTRIBUT ~O ?iT~-.1,);lCf3
-- -, 'F~"l"""'r
May 2, 1993 H t. C 2:," '$ t.."
Poway City Council MAf ;) 1993
P.O. Box 789 CITY liF PO{;.:,Y
Poway, CA 92064 CITY MAfoI4r!::!";,- or-NO
.,J.;...r',,,J .. r-:.~--,,::
Dear Councilmember:
Weare pleased that the City is considering assistance to those of us
who live on the north end of Budwin Lane in our need for repairing
the damages to our road from the Huntington Gate project. We feel,
however, that . more assistance than what is being recommended by
the engineering staff is appropriate.
Prior to the clearcutting and the incomplete drainage on the
Huntington Gate development, we were able to maintain our road
with minimal expense and effort, even in the wettest of rainy
seasons. During the time since the development, our road has had
extensive damage and some of us have had property damage resulting
from changes precipitated by Huntington Gate. You have seen photos
- of the North south portion, but the asphalted east-west section has
been undercut and damaged as well.
The first extensive damage, in January, 1990, was during one of
three years of drought. That year we experienced not only road
erosion more extensive than any year since we moved here in 1981,
but undercutting of retaining walls, silt covering our drive, and 4-6
inch erosion channels in our drives. Other neighbors experienced
flooding and other damage. (See copies of letters attached for our
communications with the city and the property owner at the time).
We feel that it is appropriate that Huntington Gate take
responsibilitiy for these damages. We were told by city
representatives that bonds had been placed by the property owner to
handle just such responsibilities should they not properly handle the
construction of their development. We feel that money should be
appropriated from those bonds, in addition to the 25 % of the expense
being recommended from the Unappropriated Street Fund and the
Unappropriated Drainage Fund so that the residents' portion of the
expense of these improvements is affordable to us.
- The proposed loan of $212,250 to our neighborhood is not feasible
for many of us. With life-threatening iIlnesses, businesses
MAY 4 1993 ITEM 16
,..'---.----
collapsed and layoffs from the recession, many of us, our family
included, cannot afford our portion of this loan at this time,
although we very much would like to see the road improved. Without
more assistance, there will be fewer of the 25 of us able to
participate, putting those able to at greater liability and,
understandably, less willing to proceed with the work.
We feel that it is in the best interest of the city to take greater
responsibility for financing this road than is being proposed. Not
only are water and power lines at risk if damage to Budwin Lane
continues from Huntington Gate runoff. Injury and damage to people
and vehicles in the 3 to 6 feet deep trenches could be attributed to
the city as well. If the city continues to have to do emergency
repairs, as has been necessary, there will continue to be ongoing
expenses that could be eliminated if we could afford to put a paved
road in. Additionally, the traffic and congestion around Twin Peaks
and Tierra Bonita schools cannot be alleviated by the Budwin Lane
parking lot dropoff, as has been intended and recommended to
parents, when it is under two feet of silt from the erosion on
Huntington Gate and Budwin Lane.
More that 25% of our problems on Budwin Lane have been caused by
the irresponsibility on the Huntington Gate development. We feel
that we should be assisted with more than 25 % of the funds to
permanently rectify the situation. We ask that you allocate more
from the city funds and the bonds on Huntington Gate to make it
possible for us to asphalt the street.
Thank you for your consideration.
Sincerely,
Carole and Andy Sheets
14961 Budwin Lane
MAY 41993 ITEM 16
"
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Andrew and Carol Sheets
14961 Budwin Lane
Poway, CA 92064
March 7, 1990
Dear Mr. Roberts:
We are writing to reinforce the communications between you as representative of the
Huntington Gate Development and Frank Sostrum of the City of Poway staff in regards to
damages incurred on our property as a result of run off and erosion from your construction site.
As Mr. Sostrum confirmed in his inspection of our property, a 4-6 inch erosion channel in one
of our driveways, several inches of silt over 1/3 of our other driveway, and some undercutting of
retaining walls and other slopes occurred subsequent to rainfalls in early January, 1990. This
also occurred p.riQI to any and / or incomplete sandbagging and erosion control measures required
- by the city on your construction site. So that there could be no doubt as to the source of the
damage, we videotaped after each rainfall.
As this damage was sustained due to your negligence in run-off control, we feel that Il.-pair
is your responsibility. At the very least, we expect you to repair the cut in the one drive,
remove the silt, and regravel.
We understand that Mr. Sostrum has reported these damages to you and requested your
prompt attention to repairs. Since no action has been taken, we are writing this letter to
emphasize our position and personally request your immediate action.
Sincerely,
~4U/;;~ ~~-6-
Andrew and Carol Sheets
cc: Poway City Council
Poway Inspection Department
Poway Planning Department
Frank Sostrum, City of Poway Inspections
-
Richardson Group
MAY 4 1993 ITEM 16
,-
Andy and Carole Sheets
14961 Budwin Ln.
Poway, Ca. 92064
December 3,1990
J.L. Roberts
Huntington Gate L.P.
P.O. Box 6877
San Diego, Ca. 92106
RE: Property damage at 14961 Budwi n Ln., Poway.
Dear Mr. Roberts:
This letter is a follow-up to your letter of May 14, 1990, a copy of
which is enclosed.
You stated in your letter on May 14 that, "in the spi rit of
compromise: you would:
1. remove the silt and replace the rock in the lower driveway.
2. replace the rock in the upper driveway.
you also stated this work would be done within the next two weeks,
which would have been May 28, 1990.
It is now Dec. 3,1990, and you still have not contacted us to resolve
this problem. We think over six months is more than sufficient time
for you to have schedul ed these repairs.
As another rainy season approaches we are becoming more concerned
end less patient ebout the timing of the repairs to our property. We
feel that you have not honored your side of the .compromise. on May
14, so we would like to recommend e different method of resolution
that should be timely and satisfactory to all concerned.
We have estimated that it would cost $210.00 to:
1. Remove the silt from the lower drive - Tractor rental $100.
2. Regravel lower and upper drives - 2 yds. gravel @> $20/yd +
$20. del.
3. Lebor - $50.
MAY 4 1993 ITEM 16
-
,-
We would like you to send us a check for the cost of repairs,
$210.00, which we will accept as completion of your portion of the
agreement. We wl11 then schedule the repairs ourselves.
Please respond to us by Dec. 17, 1990, so repairs can be made before
more damage and liability can occur.
SI ncerely,
Andy and Carole Sheets
-
...
-
MAY 4 1993 ITEM 16
May 2, 1993
Update to our interactions concerning property damage to our lot:
After hearing that Roberts was bankrupt, we did not contiune to try
to get him to handle this damage, feeling that our efforts would be
both time-consuming and fruitless.
MAY 4 1993 IIa:.Nl 16
-
.
-
11ay 14, 1990
Huntington Gate
P.O. Box 6877
San Diego, California 92106
Hr. & Mrs. Andrew and Carol Sheets
14961 Budwin Lane
Poway, Cal Hornia 92064
RE: Property damage at property located at 14691 Budwin Lane,
Poway.
Dear Hr. & Mrs. Sheets;
This letter will serve as a follow up to our meeting and review
of the damage to your property as a result of recent rains.
As we discussed, my opinion is that it is impossible to determine
the exact cause of the damage to your property. However, in the
spirit of compromise we have agreed that I will make the
following repairs to your property:
1. Remove the silt which has washed into the lower part of
.--- your driveway and replace the crushed rock which has washed away.
2. Replace the rock on the upper part of your drive where
it was washed away by the rain.
3. In landscaping lot 40 I will attempt to pl&nt trees in
a manner as to create a screen between your home and the house
which may be eventually constructed on lot 40.
It is my plan to complete all of this within the next 2 weeks and
as we agreed I will attempt to do the work on your property on a
Saturday and will call you in advance of the work to be done on
your property.
I apOlOgiZ~ any inconvenience the construction of my project
may have cau d either of you.
r Very t~uly' yours, .
~
..... ,- ~ -- ~~n Gate L. P.
Jim Roberts, Pres.
cc: Ci ty of Poway
HAY 41993 rtEM 16
.
RECEIVED
4/29/93 MAY 3 1993
Curt & Cathy Pare' CITY OF POI/YAY
14872 Budwin Ln. CITY MANAGERS OFFICE
Poway, CA 92064
Mayor Don Higginson
13325 Civic Center Dr.
Poway, CA 92074-0789
Dear Mayor Higginson,
We are writing to express our concern regarding the
North/South extension of Budwln Lane which Is a dirt/gravel
road. This year, the road was heavily damaged from erosion
caused by the rain, leaving a huge ditch and damage to both
private and city property. We have met with other residents
In our community and with Brad Kutzner, Sr. Civil Engineer
for the City of Poway. There Is no question that the road Is
dangerous and that proper drainage and paving of the road
would resolve the problem. The road Is used both by city
maintenance vehicles and of course the residents. This
situation Is on the May 4 City Council calender. It Is our
sincere hope that the councllmembers will provide badiy
needed assistance to remedy this problem. We look forward to
seeing you at the meeting.
Sincerely,
C uvd (j?A.t-'- k~~~
Curt Pare' Cat Evans Pare'
MAY 4 1993 II EM 16
.
~"'-~"-----I'\J'E
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MJH 3 1993 l4864 Budwin Lane
_ Poway, CA 92064-3009
C, i, JF POWAY April 30, 1993
poway city ~~Jni~:t{';'~":P5 OFFICE
Poway, CA
Dear Councilmember:
I have been a resident of Budwin Lane for l5 years. Prior-
to the development of the Huntington Gate Project, we have
not had major problems with access to our home. During the
rainy seasons, if there ~ere rough spots on the road, I would
go out with my little garden tractor and blade and smooth
up places on the road which were in need of work.
In the "Post Huntington" era, I have not done any of this
repair work because the damage was toogreat. The damage
has been caused due to insufficient drainage which washed
out what ditches were there and then overflowed into the
road. The majority of the damage was due to runoff from
Huntington Gate. Temporary repairs have not held up and did
not solve the problem.
During this past winter I have been concerned that due to
road conditions, utility crews and emergency response units
would be unable to respond due to road conditions. Also,
- an accident could jeopardize all of the residents.
Therefore I am joining with my neighbors to request that
the paving of Budwin Lane be approved and funded by the
City Council.
Thank you for your consideration.
S,^ cerely yours,
~);,-unf.
Richard M. Wolz
MAY 4 1993 ITEM 16
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