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1991-2853 CN lCrve sW lCad10f0gy N&dicaf Cjr6up j -Inc. 6941 Brockton Avenue • Riverside, Cafifornia 92506 • (714) 682 -2872 `Thomas P. Cotter, M.D. S. Steve Nfem, M.D. Raymamd N. 7{ussey, ` -tif.D. 7Xinafd Otto, M- .D. Ruhard 3. Zauner, M.D. Robert Bridges, ALD. ' %( nan E. Snyder, M.D. `k&%in 3. Chem, 1Af.D. Raymond P. Sakover, M.D. 'KWiam D. Duge, 7vLD. C 7 - L ZZimmert an, M.D. ' Donafd =PZ. Nfassee, Nf.D. Aafl physicians Diplomates of American College of = Radiology - Aphynm s :Amvuan C kn : \udear :ALediire August 7, 1992 Hans C. Jensen, P.E. 527 Encinitas Blvd Encinitas, California 92024 RE: The storm drain at 1638 Neptune Ave. Dear Mr. Jensen, Thanks for talking with me regarding the recently installed storm drain at 1638 Neptune Ave. in Leucadia. In addition to the excavation done to install the pillars supporting the height, there are several other items that I would appreciate your evaluating. 1. A small set of seven stairs at the bottom of the railroad tie path appear to be undermined and tilted slightly. Several 2 X 4 wooden blocks supporting the south edge of these stairs are partially dislodged. 2. For some reason, the hard surface of the west - facing limestone bluff was shaved off adjacent to the main excavation at the beach level. 3. Also, I am wondering whether the outlet at the bottom end of the pipe extends far enough from the bluff to prevent further erosion. Some red paint apparently recently emptied into the storm drain gives some indication of the proximity of the drainage to the bluff. Thanks again for taking the time to look at the situation. Sincerely yours, Thomas P. Cotter, M.D. LA r (fit, C t 2- 1648 Neptune Ave. Leucadia, Ca. TC /dc� Billing Office: 1660 Chicago Awntie • Suite x-15 • Rivemside, California 92507 • (714) 781 -2270 • Fax (714) 781 -2293 x City of Encinitas May 21, 1992 Mrs. Arlene Mattioli 1638 Neptune Avenue Encinitas, CA 92024 Re.: Reimbursement Agreement for Drainage Facilities Dear Mrs. Mattioli: We are in receipt of your letter of May 18, 1992, with claims for reimbursement of construction costs incurred by you, based on the agreement with the City dated December 18, 1991. The following work has at this time been completed: Plans have been completed. Insituform has installed the pipe lining through the upper reach of the existing pipe. Jim Henry Construction has installed the new inlet in Neptune Avenue. Jim Henry Construction has completed the work as shown on the plans. We can at this time pay the following: 1. Engineering = $ 3,500.00 2. Insituform, one half of $21,850.00 = $10,925.00 3. Henry, full cost of inlet $7500.00 = $ 7,500.00 4. Henry, remainder of agreed amount = $ 9,198.00 Reimbursement as of May 20, 1992 $31,123.00 Less amount paid February 24,1992 - $21,925.00 Reimbursement amount agreement completion =$ 9,198.00 We are initiating the process of accepting the improvements into the City maintained system, and meanwhile we hope to have the payment to you shortly. Sincerely, H�rfs ar ensen Subdivi 'on Engineer gc2787 :;2 F.ncinita5 Boulevard. Encinitas, California 9202 TEI_ 010- Q_t_4_�0»0 FAX CITY OF ENIDNITAS ENGIN RIN ERMIT EFFECTIVE DATE PERMIT NO. -,r ,APPLICANT TO COMPLETELY FILL OUT iZ 20 _ cill LEFT HAND COLUMN EXPIRATION DATE w JOB AD ESS'- Z'A - yZ COASTAL NE ,y� N AS SSOR'S PARCEL O. TYPE OF PERMIT a 0 t - ❑ PERMANENT ENCROACHMENT NAME (OR NAME F BUSINESS) to Q;rl iW T_RUCTION ❑ TEMPORARY ENCROACHMENT z S, NF �� Q MAILING ADDRESS PLAN OF WORK f> tf ! 1 -, RECEIVED cc a CITY, ATE, ZIP �t /G= TELEPHONE PLAN CObI APPROVED a COST ESTIMATE NAME RECEIVED APPR ED ADDRESS INSURANCE CERTIFICATE COVERAGE $ co CITY, STATE, ZIP TELEPHONE 5 . COMPANY PG z ; i v Cp POLICY N0. c c,ofi .1 �ar4 STATE LICENSE NO. AND TYPE SECURITY AMOUNT $ y � 1 TYPE ❑ '�► r NAME El LETTER OF CREDIT ADDRESS C C% E] COVENANT k cc ❑ OTHER Z ,csY Grp c�1 - CITY, STATE, ZIP TELEPHONE PERMIT CHARGES `� i 1✓� �" APPL. FEE INSP. DEPOSIT OTHER REGISTRATION NO. ( 3310.0000 ) ( ) ( ) i $ , $ $ DESCRIPTION OF WORK TO BE DONE R.N. R.N. R.N. / "� Gam p'+f#IL... �fT TOTAL FEES DUE $ SECURITY AND DEPOSIT EXCESS RETURNED TO -�T� cam, -,/ J. ` ❑ OWNER DATE: ❑,/CONTRACTOR AMOUNT: } L / SA OTHER - �C L�lt.t` L' �• . 4 . COMMENTS Ff. - "� y; � � � ' r •;�S 3`v `gt�%�t�t��+°.� Y'V�r W' i/ t�+� +, �� ��i :.i �s #,�. y t s -i224 � r PERMIT O f DATE ISSUED BSI f1T R ( W NER O , a . x r D E SIGNED R AGENT) , , O N INSPECTOR GNATUftE -' '.- tr f r, s , PRINT NAME ; ELEPHONE <; `a (Formae c 1 (SIGNAT )� (DATE) { , y '4 ;CHECK IF OWNER AGENT INAL INSPEC a To Release Security) (SIGNATURE) A OTHER IM PORTAN T PR FIRM 1NHILE WRITI U din t. 1.9 w r7 IA14.,S.114, JIM HENRY CONSTCICTION, INC. Pa 1 of—L- 721 LA QUEBRADA OLIVENHAIN, CA 92024 _ State Lic. *aMW& TELEPHONE: 619- 753 -6031 #496386 To: Ms . ARLENE MATT I OL I Invoice No.: 91 � 0 -7 1636 -38 NEPTUNE AVENUE MAY 18 1992 LEUCADIA, CALIFORNIA 92024 Date: Attn: MS. MATT I OL I Project: STORM DRAIN REPAIR /' 6 Location: 1636 -38 NEPTUNE AVENUE (2% LEUCADIA, CALIFORNIA 92024 Contract No.: P.O. No.: &cling for Services as Follows: Date Description Hans Rate Amoum CONTRACT PRICE - $25,000.00 $25,000.00 PROGRESS PAYMENT INVOICE DATED 2/18/92 $11,034.97 PAID ON INVOICE 9- 405.00 BALANCE ON INVOICE 1. 629.97 THIS INVOICE $13,965.03 BALANCE OF INVOICE DATED 2/18/92 + 1.629.97 TOTAL THIS INVOICE= $15 ,595.00 BALANCE DUE _ $15 .595.00 THANK YOU � 1� NOTICE - tkder the mecfmxm' ban low (CWarn a OW Code of OW aroced<ra. Sean, 1191 Et Seq.). any ca,aecmr. subronaaaw . sbm m . a,ppisr or other person who helpa to inip your Property but is not pad for his work or suppfia . hm a riglrt w a c1m. egenat your p aM tY. This means that, after a court I n&irtg, yar property cold be sold by a tart offirar and the proceeds of the say used to sarrsfy the idebtednese.'71 a can happen even H you have paid your own contractor in ". d the subcontractor. isborer or sucoier renws canard." _� �� •. j .. + f < <�'�"" / i, �• -u'c —Z �.... - -. i ��� 1. C _ r , , ,.__.+7 � r � �`� f/ / ' l L ��. � � � ✓i�'� r'��. �.��..! -/r � .�._ - -� 11 / f w , , V • r .' lid- 'Z-- '` -. / ti- . / �'`U`�-'��- t�>���'"�- � ` � ��L Z� (.•,��L -•K:_, <'�,� G�� f.� r �.r 4.. ar+C� �-^ �"�! `"''��.� /C,Lo ✓� 1 ° "� /'� /tom -C�'� .i'�•�II'"� ✓L��. �i�•l/°L- h.� ..;��/,/ £._:�.•��f L�. �/ - ��,.•�`,, � f .s X �_y ` r � ` J .1 f�. ("LA't CITY OF ENQNITAS ENGINEERIN( PERMIT APPLICANT TO COMPLETELY FILL OUT EFFECTIVE DATE PERMIT NO. LEFT HAND COLUMN ! 2 : ►': EXPIRATION DATE JOB ADDRESS w COASTAL ZONE ` t co m ASSESSOR'S PARCEL NO. TYPE OF PERMIT O - i "f, o A W l ,q t- E - ❑ PERMANENT ENCROACHMENT 1 w NAME (OR NAME OF BUSINESS) i[�CTRUCTION ❑ TEMPORARY ENCROACHMENT z 3 O MAILING ADDRESS } PLAN OF WORK RECEIVED cc a CITY, STATE, ZIP TELEPHONE PLAN �`' t` APPROVED `c8 O T COST ESTIMATE r RECEIVED NAME APPRQYED O ADDRESS �ALTON S ry Q INSURANCE CERTIFICATE COVERAGE $ Z CITY, STATE, ZIP TELEPHONE ,. COMPANY tc ,.i_ q.' POLICY NO. I- w- .t STATE LICENSE NO. AND TYPE SECURITY AMOUNT $ NAME TYPE ❑ CASH ❑ LETTER OF CREDIT ADDRESS [] COVENANT Q s•E: w ❑ OTHER w z z CITY, STATE, ZIP TELEPHONE PERMIT CHARGES w APPL. FEE INSP. DEPOSIT OTHER REGISTRATION NO. ( 3310.0000 ) t ) ( ) DESCRIPTION OF WORK TO BE DONE $ $ R.N. R.N. R.N. TOTAL FEES DUE $ *k ttk *"' ,t SECURITY AND DEPOSIT EXCESS RETURNED TO ❑ OWNER DATE: ❑ CONTRACTOR AMOUNT: &OTHER COMMENTS: 1t�k f"L v4 "t i'A'i t:6ti.4d t:,t$f' 4Y. iif 6 PERMIT ISSUED BY DATE ISSUED SIGNATURE (OWNER OR AGENT) DATE SIGNED INSPECTOR'S SIGNATURE 8 DATE: PT 1ST INSPECTION RIN NAME TELEPHONE (Forms, etc.) (SIGNATURE) (DATE) CHECK IF: OWNER ❑ AGENT FINAL INSPECTION (OTHER (To Release Security) (SIGNATURE) (DATE) IMPORTANT! PRESS FIRMLY WHILE WRITING APPLICATION • • LAW OFFICES OF CHARLES MARVIN III A PROFESSIONAL CORPORATION 120 BIRMINGHAM DRIVE, SUITE 200 CARDIFF BY CALIFORNIA 02007 TELEPHONE (610) 044 -0123 FAX (610) 042 -6176 December 18, 1991 Mr. Hans Jensen City of Encinitas 527 Encinitas Boulevard Encinitas, CA 92024 Re: Mattioli Drainage Pipe Dear Hans: Arlene Mattioli is delivering to you with this letter the originals of the Drainage Easement and Maintenance Agreement and the Agreement of Reimbursement Drainage Facility Repair. Those two documents have been executed by her, and the Drainage Easement signature has been notarized. I made a minor change at the beginning of the Drainage Easement by changing the title from "Drainage Easement" to "Drainage Easement and Maintenance Agreement ". In addition, I put in prefatory language at the beginning of the first paragraph of that document as follows: "In consideration for the City of Encinitas agreeing to repair, maintain, replace, reconstruct and inspect such channel in perpetuity, . ". The changes I made confirm the City's responsibility for future repair of the drainage pipe. On the Agreement of Reimbursement Drainage Facility Repair, I added a new Section 5 to reflect the fact that upon the City's acceptance of the storm drain, the drainage easement goes in place and the City has the maintenance and repair responsibilities that we have agreed to. That new provision will set forth the transition to the drainage easement. If you have any questions about either of these documents, please call me immediately. Otherwise, I would appreciate your having Warren execute the Drainage Easement on behalf of the City and having his signature notarized, as well as having Warren sign the Agreement of Reimbursement. I would also appreciate it that LAW OFFICES OF • • CHARLES MARVIN III Mr. Jensen December 18, 1991 Page Two if possible, Mrs. Mattioli be given signed copies of both Agreements while she is at the City Hall so that we may finalize both matters. Sincerely, CHARLES MARVIN III, A.P.C. Charles Marvi III CM3 /nk Enclosures cc: Mrs. Mattioli Y City of Encinitas Mrs. Arlene Mattioli 1638 Neptune Avenue Encinitas, CA 92024 December 9, 1991 Dear Mrs. Mattioli: Enclosed find the reimbursement agreement for the construction of the storm drain. Please sign the document and return to me at your earliest convenience. We have met with your contractor, and we believe that the road is clear for construction. We will need to have you re -sign the easement and have your signature notarized, such that we can record the instrument. We will also need to have your lender sign the Subordination Agreement and have their signature notarized. The Subordination Agreement is the last page of the Drainage Easement document. We hope to see the completed project shortly. Sincerely Yours %"' (W Hans Car ensen Subdivision Engineer cc: Mr. Charles Marvin 527 Encinitas Boulevard, Encinitas, California 92024 TEL 619- 944 -5050 / FAX 619- 632 -9836 recycled paper March 11, 1991 City Engineer City of Encinitas 527 Encinitas Blvd. Encinitas, CA 92024 Subject: Storm Drain 1638 Neptune Ave. Leucadia, CA 92024 On February 28, 1991, I called at approximately 8:30AM to the Public Works Department to report that the storm drain at the edge of my property overflows in a downpour and would they come and lift the manhole cover to avoid this problem. I spoke to Donna and she assured me they would. At 12:30PM that same day, in a down pouring rain I looked out my window and saw water rush- ing down the stairs on the side of my home. It looked like Niagara Falls. The water began rising up to the back steps at my kitchen door. The city had not come as promised. I put on some boots and went outside only to see the street flooded completely across. ThU drain couldn't handle the enormous amount of water coming from the blocks in all directions and it was rushing over into the driveway and onto both sides of my home. I can't tell you how horrified I was. As the rain slowed up I was able to find the manhole cover and with the help of a house guest, lifted it up and as if by magic the water just flowed down the hole. I put a ladder across the opening for safety and went to inspect the flood of water on my property. It washed out the flower beds and caused a cave in on a brick walkway on the oceanside of my home. I can't imagine what would have happened to my property had I not been home and opened the manhole when I did. I went into the house and called public works again. I got the answering machine. I called city hall, the operator said that public works were out to lunch. Right! I can't stand by any longer and watch my property become des- troyed more each time we have a storin. I have been trying for some tone to get something done to stop this problem. In a letter from Mr. Warren, October 13, 1988, I quote, "the public works department will closely monitor the basin during the coming storms and place sandbags if needed to prevent overflow from the street." Donna said they had emergencies when I got a hold of her at 1:OOPM. THIS IS AN EMERGENCY! I can't hope to be home each time the street floods and run out and lift the manhole cover. And you'd have to sandbag my whole driveway to stop the water from washing over. In a January, 1991 at a Coastal Commission meeting with my attorney and Mr. Warren, Bob said he saw no immediate problem. The pipe is O.K. It is not O.K. to have my property flood each time it rains. It is not O.K. to have storm surge washing away more bluff supporting the pipe below as it did in this last storm. The pipe is so rusty it could collapse at any time and break off. It is not O.K. to put me or my property at risk. This whole prob- lem has existed long enough. It isn't as if no one knew about it. I first wrote to you in February, 1988. THREE LONG YEARS AGO. My response has been get permits, engineer reports, estimates, etc. It's time to stop all the beauracratic rhetoric and cut all the red tape and take some real action. Use some common sense and give some special attention to this matter now For God sake why do we have to wait for a disaster before anything will get done. Call me anytime at 753 -7554 or my attorney, Charlie Marvin at 944 -0123. hv -V. aoll-__� O tv- k-I S TATE O F C — THE RE AGE* GE DEUKMEJIAN, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST DISTRICT re 1333 CAMINO DEL RIO SOUTH, SUITE 125 !'A SAN DIEGO, CA 92108 -3520 (619) 297 -9740 November 17, 1989 Arlene Mattioli 1638 Neptune Ave. Leucadia, CA 92024 Re: Application No. 6 -89 -319 (Mattioli) Dear Mrs. Mattioli: Recently you received a notice that your application for a coastal development permit for the repair of a storm drain at 1638 Neptune Avenue, Leucadia was filed and tentatively scheduled for the December Coastal Commission hearing. This notice was sent in error due to the fact that the submitted application file is incomplete. The file lacks adequate plans for the proposed project, including all repairs proposed to the existing storm drain and the concrete support structure to be located on the beach. The Commission's Administrative Regulations require a coastal development permit for repair and maintenance activities such as that proposed, due to the proximity of the structure(s) to the bluff and the beach. The following items are required before your application can be filed and rescheduled for a Coastal Commission hearing. Please submit detailed project plans, drawn by a registered engineer and drawn to scale, showing the location of the_existing and proposed drain and its relationship to the topography of the bluff, the beach and the existing stairway. The Coastal Act, as well as the City of Encinitas Zoning Ordinance permit only limited types of development on the beach and bluff face. The plans should be accomp by a project specific report, done by an engineer familiar with coastal processes, identifying alternative methods available to repair the existing storm drain and the potential impacts to the beach and bluff. The report should address the appropriate location for the discharge point and include alternatives which minimize the installation of new structures. The report should discuss alternative methods for the support of the drain at the base of the bluff (including the proposed concrete base as one of the alternatives). Also, if any of the local approvals identified in the Appendix B of the application require a local hearing, those approvals need to be received prior to our filing the application. In any event, you should submit the detailed plans required above to the City concurrent with our processing, to assure - ! r Arlene Mattioli November 21, 1989 Page 2 proper coordination and review. Upon completion of the alternatives discussion, I can be available to meet with you or your engineer and the City, to discuss the alternative which should be developed. If you have any questions regarding the above requirements, please do not hesitate to contact me at (619) 297 - -9740. Sinc rely, h Supervisor, Permits and Enforcement cc: Robert Warren, City of Encinitas (0334t) .a C,2), zoz 7f Page 1 • Wednesd *August 23, 1989 ARLENE MATTIOLI 1638 NEPTUNE AVE. ENCINITAS, CA 92024 (619) 753 -7554 Dear Mayor and Members of the City council: I am writing to you at the request of the City Manager of Encinitas Mr. Ted Schade, to inform you about an important drainage problem upon which we have been working together to solve before it becomes an even greater problem to both the City and City residents along Neptune Ave. The matter concerns a drainage pipe which serves the entire community from the 1400 block of Neptune ave., extending north to the northerly end of Neptune Ave. and extends east along this same length of Neptune Ave. for a distance of approximately one block. This single pipe is the only means of drainage for all storm and residential surface water runoff for approximately 55 homesites, and serves to carry water from the street down the bluff to the beach along the northerly border of my oceanfront property. (Please see my letter to the city council members, dated July 21, 1988 for additional facts, a map of the area serviced by the pipe and photos of the pipe and drainage facility). The problem is that this pipe which was constructed of 18" galvanized steel about 20 years ago is now 5 years beyond its expected serviceable lifetime of 15 years. The exposed portion of the pipe which runs down the surface of the bluff is very corroded from the salt air and has already developed some holes which threaten to undermine the very foundation upon which the pipe and several houses lie. The lower 20 foot portion has so many holes, it is now useless and has caused the complete loss of the pre- existing support beneath the pipe. (Please see photos enclosed) This is the only existing storm drain in this coastal area and no new drains have been constructed, nor are any planned to be constructed within the immediate Page 2 • Wednesda4W ugust 23, 1989 future. Yet their has been a great deal of development in this area over the past 20 years which has compounded the amount of runoff waters which this single deteriorated pipe must now service. New homes along the bluff are required to to cause drainage to go back to Neptune Ave. from the blufftop. All other new developments in the area are utilizing this single drain as proof that their is adequate drainage facilities to carry runoff from their proposed construction sites safely to the beach. It seems unfair that I should have to bear the burden of providing drainage of water runoff across my property without assistance from any governmental entity, when it is governmental approvals that are permitting the developments which are increasing the surface runoff to and across my property. This drainpipe serves the entire community, and therefore I believe that the cost to maintain it should be shared by the community. This situation is almost identical to that which brought about the catastrophic collapse of the bluff which the Kuhlmans suffered in Solana Beach (See newspaper story attached). As you are likely aware, the result of failure to maintain this pipe of similar age, construction, and service demands was well over $550,000 in repair costs and has also resulted in litigation against the City. Since I am a widow with six children, such a disaster would truly be catastrophic for me as I see no possible means to recover from such an event. I believe it would be in the best interest of all concerned to resolve this problem now It would be much less expensive to simply upgrade the drainage facility, rather than have to repair damages which would result from a failure of that facility plus replace and upgrade the facility itself. The proposed solution to the problem as outlined in my letter of July 21, 1988 to the City included taking the following steps: 1. Repair and /or replacement of the drainpipe which runs under and above my property along its northern boundary. 2. The upgrading of existing catch basins including but not limited to the enlargement of the drain openings at both sides of Neptune Ave., and the Page 3 • Wednesda *ugust 23, 1989 construction of a cement catch basin on the easterly opening to prevent it from being clogged with surrounding dirt and debris during critical periods, and from overflowing across my property. 3. To come up with a long range plan to deal with the increasing amounts of storm water and runoff in this area and to investigate the possibility of redirecting some of the runoff to an alternate drainage site. In response to these concerns and proposals the Public Works Staff investigated the situation. A follow up meeting and final inspection was then held with Mr. Schade, Jim Baldwin (who is an engineering contractor who specializes in this type of construction and repair work, and has performed similar work for the City), and myself. Assessment of the condition of the drainage facility also included the cleaning of the pipe and basins as well as the making of a video tape of the interior of the pipe. The findings confirmed what I had previously reported to the City in my letter. The catch basins on both sides of the street and the upper portions of the pipe itself were clogged with mud and debris, the grate inlet to the basin on the east side of the street was heavily overgrown with vegetation. Staff also noted that the catch basin on the west side of the street had a restricted opening and no grate. Several small holes were found along the top of the pipe in the area where the pipe runs along the surface and the lower 5 to 10 feet of the pipe was found to be in extremely poor condition being significantly deteriorated along the bottom and lacking adequate support. The Staff recommended the following work be performed: 1. Repair minor holes in the pipe, re -seal the exposed portion with a tar coating and insert a plastic sleeve inside the exposed portion of the pipe to insure against possible leakage in the future. 2. Replace the lower portion of the drain which outlets onto the beach including a repair /redesign of the pipe support and spillway at its base. (Approximately 20 Page 4 WednesdaWugust 23, 1989 feet of the pipe needs to be replaced in order to direct drain water away from the face of the vertical bluff.) 3. Redirect the outlet of all yard drains away from the vertical portion of the bluff face. 4. Replace the solid manhole cover on the westerly catch basin on Neptune Ave., in order to increase the efficiency of the catch basin. 5. Replace the continuous fence over the rear yard grate inlet with a gate to facilitate grate removal and pipe maintenance. The Public works staff recommended that I and /or the adjacent property owners extend all yard drains away from the bluff and provide access to the grate at the bluffs edge. The city proposed to pay for and install a grated manhole cover in the street (now in place), and the have the public works department closely monitor the basins during coming storms and place sandbags if needed to prevent the overflow from the basin from crossing our property and causing erosion. It was further proposed that three quotes be obtained to repair the drainage facility as outlined in the above recommendations ( #1. - #4.) and that the city will pay one -half the cost of all repair work. The City also agreed to assume all engineering costs, leaving it up to us to obtain a coastal permit if needed to accomplish the repair work. It was further proposed by City staff that once the repairs are completed to the satisfaction of the City, that the City will assume maintenance responsibilities for the storm drain facility, provided the necessary easements are granted by me and my neighbors. These proposals are outlined in a letter from Robert A. Warren, City engineer, dated October 13, 1988,(enclosed). Since then we have been working closely with Mr. Schade and have obtained the three bids as requested in the Cities proposal. Naturally we are concerned that immediate attention be given to this matter as the winter storm season is only a few months away threatening the safety of our home as well as our neighbors to the north and south. It was not until last week that we lit r� "161 Page 5 Wednesdaougust 23, 1989 were informed that the City council must approve the project because the total amount of the work which needs to be performed exceeds $10,000. It should however be noted that the lowest qualified bid on the project would bring the total cost to the city of only $9,840. (One half of the total cost for the project which was $19,680.) I hope that the City Council and Staff will act swiftly and prudently in order to expedite this project in order to insure against any catastrophic loss to persons and properties along that portion of Neptune Ave. which this drainage facility serves. Clearly such action is in the best interest of all concerned. I would like to thank the Staff of the City of Encinitas, especially the City Engineer Mr. Robert Warren, and City Manager Mr. Ted Schade for their support thus far on this project, and would like to thank the City Council members in advance for their attention to this important matter. Sind rely, - 1�� -� � ✓ �� 'cam -��� Arlene Mattioli L ✓ I RKS i • • E�, � per' � :ate: �`'� „ �� a" Est. �� - f J41" az i� • TSA A Ca1Ped Company 21n E. Pacific Coast Highway P.O. Box 7790 Newport Beach, California gz658 714 • 721 • 6920 June 14, 1989 Mr. TOM Faulkner 527 Encinitas Boulevard Suite 100 Encinitas, CA 92024 Re: Joseph Family Trust Dear Mr. Faulkner: Enclosed is the executed Drainage Easement and pertinent pages of the Joseph Family Trust. If you have any questions, please contact me at 714 -721 -6930. Sincerely, Robert ?tijohn Assis Vice President RLP /vrh Enclosures TSA A CaTed Company 1855 First Avenue, Suite ioa San Diego, California 92101 January 23, 1989 6 1g - 233 .8 762 25- 6353 -00- 2/03- 8/04- 6/01 -2 R40268 -83 -2 Mrs. Arlene Mattioli J K 1638 Neptune Avenue + Leucadia, CA 92024 L Re: 1646/48 Neptune Avenue Leucadia, CA Dear Mrs. Mattioli: I am writing in response to your letter of November 1, 1988 regarding the replacement of the drain pipe and the splitting of the costs between the three parties. TSA is the Trustee of the Joseph family trust and we are currently handling the management of the property. After a meeting with the Cotters, the Joseph family informed us that the Cotters and themselves agreed that they should only bear one -half of the remaining costs instead of two - thirds. As you know, the property is a duplex like yours and does not use more than one -half of the capacity of the drain. Please forward ariy estimates or proposals you have on the replacement. I will be responsible for overseeing and payment of the Joseph's one - fourth. If you need anything else from me or would like to discuss this, please call me at (619) 233 -8762. Sincerely, tC ' z`1 Deborah L. Davidson Sr. Real Estate Officer DLD:bp CC: Robert Pettijohn, Trust Officer I City of Encinitas October 14, 1988 Arlene Mattioli 1636 -38 Neptune Avenue Encinitas, California 92024 Subject: Storm Drain at 1638 Neptune Avenue, Leucadia Dear Mrs. Mattioli: In response to your July 22, 1988 letter raising your concerns regarding the storm drain adjacent to your property, Public Works Department staff investigated the situation and has the following report and proposal to make. On August 11 Public Works staff performed a site inspection of the storm drain running under Neptune Avenue and down to the beach along your north property line. During the inspection, it was noted that the catch basins on both sides of the street and the upper portion of the pipe itself were almost half full of mud and debris (photo #1), and the grate inlet to the basin on the east side of the street was heavily overgrown with vegetation (photo #2). Staff also noted that the catch basin on the west side of the street (photo #3) had a somewhat restricted opening and no grate. In your backyard, prior to decending the slope to the beach, it was further noted that the existing grate inlet cannot be removed for proper maintenance due to a fence over the top of it (photo #4) . Decending the slope to the beach, most of the storm drain is on the surface and appeared to be in fairly good condition (photo #5). At the beach there is an approximate 8 to 10 foot vertical bluff where the drain extends out onto the beach and is supported by a wooden structure attached to the stairway. The last 5 to 10 feet of exposed pipe was significantly deteriorated along its bottom (photos #6 and #7). Also, at the foot of the bluff there were approximately four 4- inch yard- type plastic drain pipes that outletted onto the beach apparently from your and /or your neighbor's yards (photo #8). The upper ends of these drains were not located. TS /03/CL8- 1879wp (10/14/88 -2) �— Encinitas Boulevard, Encintua , (Ad6rnia 1 )20! 1 619- 944 -70�o 'Arlene Mattioli s • Page 2 October 13, 1988 Public Works staff's recommendations from this initial site inspection on August 11 were to clean out the basins and drain and to inspect the interior of the pipe with a special pipeline videotape camera designed for such work. It was arranged for a pipe cleaning truck to clean the drain on August 16 and, at the same time, videotape the interior of the pipe. While cleaning the westerly catch basin, staff discovered that the reason that it was as full as it was with mud was that a piece of wood used to originally form the catch basin had never been removed and was partially blocking the entrance to the outlet pipe (wood shown in gutter in photo #9)• Once this obstruction was removed, the basin was easily flushed clear (photo #10). The grate on the east side of the street was also cleared of obstructions. Prior to cleaning approximately one square foot of grate was open and functioning (photo #2). After clearing the grate, there is now approximately four and one - half square feet of opening for drainage. While inspecting the interior of the drains with the pipeline camera, staff noted that, generally, the 18" pipe running down to the beach from the westerly catch basin was in very good condition. Staff did observe several small holes along the top of the pipe in the area where the pipe runs along the surface. As mentioned above, however, the lower 5 to 10 feet of the pipe, at the outlet onto the beach, is in poor condition and should be replaced in order to direct drain water away from the face of the vertical bluff. In addition, the four yard drains should be extended beyond the face of the bluff. Public Works has the videotape of the inspection itself. You are welcome to arrange to see it at City Hall. After performing the inspections reported above, Public Works staff recommends that the following work be performed: 1. Repair minor holes in the pipe. 2. Replace the lower portion of the drain outletting onto the beach including a redesign of the pipe support (approximately 20 feet of pipe needs to be replaced). 3. Redirect the outlet of all yard drains away from the vertical portion of the bluff face. 4. Replace the solid manhole cover on the westerly catch basin in Neptune with a grated cover in order to increase the efficiency of the catch basin. TS /03/CL8- 1879wp (10/14/88 -2) "Arlene Mattioli • • ` Page 3 October 13, 1988 5. Replace the continuous fence over the rear yard grate inlet with a gate to facilitate grate removal and pipe maintenance. Public Works staff recommends that you and /or the adjacent property owner extend all yard drains away from the bluff and provide access to the grate in your backyard, immediately. The City proposes to pay for and install a grated manhole cover in the street, and the Public Works Department will closely monitor the basin during the coming storms and place sandbags, if needed, to prevent overflow from the street. However, the storm drain clearing performed by the City and the installation of a grate on the catch basin should allow the drain system to handle the storm waters. It is further proposed that you obtain three quotes to perform the repair of the minor holes in the pipe, the replacement of the lower portion of the drain and the replacement of the support and that the City will pay one -half the cost of all repair work. The City will also assume all engineering and inspection costs, but it is up to you to obtain a coastal permit for and accomplish the repair work, yourself, since the pipe is currently a private structure. Once the repairs are completed to the satisfaction of the City Engineer, the City will assume maintenance responsibilities for the storm drain pipe, provided the necessary easements are granted to the City by you and your neighbor. If the above proposal is agreeable to you, please let me know and I will set up a meeting to discuss implementation of the project. If you have any questions or would like to arrange to view the inspection videotape, please contact Mr. Ted Schade at (619) 944 -5070. Very Truly Yours, Robert A. Warren City Engineer Attachments TS /03/CL8- 1879wp (10/14/88 -2) i cx or Encinitas WO I nteroffice Memorandum .ROM ��, F sUWEa��.a t/ti`c a . 4��um� d „s6 44A- 4 � vYtl` Lisa- ndv �`� nwti�dG+ -� Aandl�� Nht k*6�a 46 • CITY OF ENCINITAS INTEROFFICE MEMORANDUM TO: Morton F. August, Director of Public Works Robert A. Warren, City Engineer FROM: Theodore D. Schade, Willdan Associates DATE: August 19, 1988 SUBJECT: Storm Drain at 1638 Neptune, Leucadia At the request of the property owner (see attached letter) and the Public Works Director, on August 11, 1988, Bob Warren, Pete Fleuret, Jim Paige and myself performed a site inspection of the storm drain running under the street and down to the beach along the north property line of the duplex at 1638 Neptune Avenue. During the inspection, it was noted that the catch basins on both sides of the street and the upper portion of the pipe itself was almost half full of mud and debris (photo #1) and the grate inlet to the basin on the east side of the street was heavily overgrown with vegetation (photo #2). We also noted that the catch basin on the west side of the street (photo #3) had a somewhat restricted opening and no grate. In the back yard of the subject property, prior to going down to the beach, there is a grate inlet that cannot be removed for maintenance due to a fence over the top of it (photo #4). On the way down the hill to the beach (approximately 2 to 1 slope) most of the storm drain is on the surface and appears to be in fairly good shape (photo #5). At the beach there is approximately an 8 to 10 foot vertical bluff where the drain extends out onto the beach and is supported by a 4x4. The last 5 to 10 feet of exposed pipe is significantly deteriorated along the invert (photos #6 and #7) . Also at the foot of the bluff there are approximately four 4 -inch yard type drains that outlet onto the beach (photo #8). The upper ends of these drains were not located. Our recommendations after this initial site inspection on August 11 was to clear out the basins and drain and to inspect the interior of the pipe with a pipeline camera. It was also recommended at this point that a hydrology study be performed to determine the amount of water carried by the drain. Pete Fleuret arranged for the City of Oceanside to lend Encinitas a sewer clearing "Vactor" truck and a pipeline camera on August 16. The Oceanside crew and equipment spent approximately 3 hours clearing and videotaping the storm drain system. While clearing the westerly catch basin we discovered that the reason that it was as full as it was with mud was that a piece of wood used to originally form the catch basin had never been removed and was partially blocking the entrance to TS /04 /CM9- 1106WP (8- 19 -88) e w9d shown in utter in hotO #9 . Once this the outlet pip ( g P ) obstruction was removed, the basin was easily flushed clear (photo #10). The grate on the east side of the street was also cleared off. Prior to cleaning, approximately one square foot of grate was open (photo #2). After clearing the grate, there is now approximately 4%, square feet of opening for drainage. While inspecting the interior of the drains with the pipeline camera (see videotape for details) we noted that generally, the 18" pipe running down to the beach from the westerly catch basin was in very good condition. We observed what appeared to be one minor hole in the bottom of the pipe where some water could be escaping and several small holes along the top of the pipe. All of these holes can be patched with little difficulty as the pipe is on the surface at this point. As mentioned above, however, the lower 5 to 10 feet of the pipe, at the outlet onto the beach, is in poor shape and should be replaced in order to direct drain water away from the face of the vertical bluff. In addition, the four yard drains should be extended beyond the face of the bluff. With regard to the drain running under Neptune, it is an arched CMP culvert approximately 18 inches high and 24 inches wide, has a very flat grade and appears to be quite deteriorated on the invert. As a last item of observation, during our approximately three hours on site on August 16, the sprinkler system on the slope above the beach at 1638 Neptune ran the entire time. The slope is vegetated with ice plant and normally would not need to be watered. We have no way of knowing how often the slope is irrigated, but the owners should be made aware of the unadvisability of applying any more water than is absolutely necessary to fragile coastal bluffs and slopes. RECONNENDATIONS . Items to be done immediately: 1. Perform hydrology study. 2. Perform basin capacity and pipe hydraulic analysis. 3. Repair minor holes in pipe. 4. Replace solid manhole cover on westerly catch basin with a grated cover to increase capacity of catch basin. 5. Recommend that the property owners redirect the outlet of their yard drains away from the vertical portion of the bluff face. 6. Recommend that the property owners reduce or preferably eliminate slope irrigation. ISt �' TS /04 /CM9- 1106WP (8- 19 -88) Short term items t�be accomplished: • 1. Replace lower portion of drain outletting onto beach including redesign of pipe support. 2. Provide access via lockable gate to the grate in property's back yard. Longterm items to be accomplished: 1. Perform any system improvements indicated by the hydrology and hydraulic studies. 2. Construct a local depression and curb opening at the easterly catch basin to increase capacity and provide self - clearing capability. 3. Replace or reline the drain connecting the two catch basins in the street. Attachments: Ten photos and letter from Arlene Mattioli. TS /04 /CM9- 1106WP (8- 19 -88) ! „ r A ARLENE MATTIOLI JUL : E14C 1636 -38 Neptune Avenue Encinitas, California 92024 (619) 753 -7554 C(i1! OF DEPT OF P July 21, 1988 The Honorable Rick Shea Mayor of Encinitas 527 Encinitas Boulevard Encinitas, CA 92024 Councilwoman Marjorie Gaines Councilman Gerald Steel City of Encinitas City of Encinitas 527 Encinitas Boulevard 527 Encinitas Boulevard Encinitas, CA 92024 Encinitas, CA 92024 Councilwoman Anne Omsted Councilman Greg Luke City of Encinitas City of Encinitas 527 Encinitas Boulevard 527 Encinitas Boulevard Encinitas, CA 92024 Encinitas, CA 92024 Dear Mayor Shea and Members of the City Council: I am writing to ask you for the City's assistance on a drainage problem that exists in front of and across my lot located at 1636 -38 Neptune Avenue in Encinitas. My husband and I purchased our residence -at 1636 -38 Neptune Avenue in October of 1971. We had moved to this area from the Midwest because of my husband's health. Unfortunately, my husband passed away shortly after we moved to this area, and since then I have been raising our six children. To our knowledge, prior to our purchasing our home, a drain pipe was installed across the lot in 1969. That drain pipe appears to be deteriorating, and my family and I are very concerned that we could have the type of catastrophic bluff failure from leakage from the drain pipe that was suffered by the Kuhlman in Solana Beach. As you may be aware, because of a rupture in a County drainage pipe underneath their home which sits on the bluff on the North end of Solana Beach, massive erosion took place which exposed the foundation of the Kuhlman home. Recently a 165 -foot seawall was constructed to remedy the erosion problem. It is my understanding that that seawall and the associated backf ill will cost nearly $400,000. When it rains very hard, the opening to the box culvert drain, which is in the street immediately in front of our house, cannot handle all of the water, and the water flows down across my property. We experience this condition at least once or twice a year. The drainage problem at my home has become progressively worse over the last few years. Unfortunately, my property is the low point for the Northern end of Neptune Avenue, Grandview and Avocado Streets, as well as for the parking lot on the North end of Neptune, adjacent to Sea Bluff. The drainage flows from the North to my property f� from approximately the 1400 block of Neptune, as well as flowing South to my property Encinitas City Council July 21, 1988 Page Two from the Southern boundary of Sea Bluff. In addition, both Avocado and Grandview Streets, from their crests, all drain down to my property. The nine condominium Neptunes Cove development added a large amount of additional runoff water to the drain in front of my house. It is my understanding that there is a 4 -unit development that is scheduled to go into the East side of Neptune, which I am sure will also increase the runoff to and across my property. To the best of my estimation, the drain across my property is now servicing 55 homesites, over half of which are duplex residences. Therefore, the amount of water that I receive at my property, and particularly in heavy rainstorms, is tremendous. We had a friend of ours, Jim Baldwin, who has done work on our home, contact the City about our problem. Mr. Baldwin is the contractor who did the work on the Kuhlman home in Solana Beach. Our property was inspected by a representative from the City, who appeared to share our concern about the size of the drain opening for the box culvert in front of my home. It appears to me, as a layperson, that it is not large enough to take all of the water from the street when we have a downpour. The City's representative also shared our concern that the pipe going under our property is old and rusting and needs to be replaced. I would like to ask that the City take the following steps: 1 1. I would like the pipe under my property repaired or replaced, as appropriate. There was a suggestion by the representative of the City that the portion of the pipe that runs down my bluff to the beach be removed, and a concrete open trough placed in its stead. I think that this would be a very dangerous approach, since concrete would be very heavy, and I would be most concerned about it resting on the fragile bluffs. Presently, the corregated metal pipe that runs down to the beach is buried under the ground and does not have nearly the weight that the concrete open trough would have. I have spoken with others who are knowledgeable about such matters, and they have suggested one of the new supercompound plastic pipes that would be light, but extremely durable. I do not want to have any elaborate construction that would disturb or destroy the fragile existing bluff. 2. 1 also would like the City to investigate the possible enlargement of the existing drain opening for the box culvert. 1 assume that there must be some substantial problem if, during a downpour, the water flows over the top of the culvert and down across my property. 3. To investigate the possibility of redirecting some of the runoff to an alternate drainage site. As a widow who has had a bit of a struggle raising my six children, I am not in an economic position to undertake the repairs or the replacement of the drain pipe that runs across my property. Also, as ha !een pointed out to some of the Councilmembers and staff by Paul Harlow, the former President of the Seacoast Preservation Association, Inc., it would appear that the City must undertake some responsibility for removal of the Encinitas City Council July 21, 1988 Page Three runoff waters along the coast which end up traversing to the beach across private property. There are few existing storm drains in this coastal area. It is my understanding that anyone building a new home on the bluff is required to cause drainage to go back toward the road from the blufftop. It seems unfair that I should have to bear the burden of accepting so much drainage water runoff across my property without assistance from any governmental entity, when it is governmental approvals that are permitting the homes to be built which are increasing the surficial water runoff to my property. An example of the type of water that I have to accept across my property is that some neighbors to the North of me on Neptune, who needed a permit to build a spa on their property, had to show that the water would not run off the bluff. They planned their development of the spa so that the water would empty onto the street and then run to the drain across my property. This drainpipe serves the entire surrounding community, and therefore I believe the cost to maintain it should be shared by the community. I have brought this matter to the attention of my lawyer, and he suggested that before any legal steps were considered, I should first contact your Council to request assistance with this very -- important matter. I would appreciate very much your looking into the problem as quickly as you can, particularly in light of the fact that by the Fall we will be back into the rainy season, and the pipe must be replaced immediately. If the a necessary repair and replacement work is not undertaken at once, I am afraid that we could suffer the type -of catastrophy that the Kuhlman had in Solana Beach. Since I still have several children at home whom I am supporting, I cannot possibly afford such a disaster. I believe that it would be in the best interest of all concerned to resolve this problem now. It would be much less expensive to simply upgrade the drainage facility, rather than to have to repair damages which would result from a failure of that facility (in addition to the upgrading of the drainage facility itself). At the suggestion of Mr. Bob Warren, the Encinitas City Engineer, I approached Woodward -Clyde Consultants with a request that they submit a written proposal as to what would be involved in rectifying the problems outlined in this letter. Unfortunately, I have been informed by those consultants that the cost of investigating the problems and coming up with a cost estimate for suggested solution would be in the range of $3,500 to $4,000. That cost far exceeds my resources. Therefore, I will not be able to hire the consulting firm to perform this task. For your further information I am enclosing an information pamphlet about this problem. I have included the original pamphlet with the letter to Mayor Shea, and have included copies of the pamphlet to the other Councilmembers and to Messrs. Shafer and Warren. Thank you very much for your consideration of this request. Sin erely, Arlene Mattioli AM /nk cc: Mr. Warren Shafer Mr. Bob Warren • February 22, 1988 Histor We purchased the residence at 1636 -38 Neptune Ave., in Oct. 1971. To the best of our knowledge the drain pipe was installed in 1969. In 1974 Stuart Resor did a remodel on the house and took the picture that is enclosed . You can get a clear view of the drain pipe in this picture. In 1975 1 was forced to put a berm across the front of my driveway, to stop water from the street washing onto my property when it rained. Even with the berm, when it rains very hard, the opening to the drain on the street at the mailbox cannot handle all the water flowing from the street. I experience this condition at least once or twice a year . In 1979 Mr. Resor did another remodel on the house. We had moved here originally for my husbands health, Because we have six children we lived on both sides of the duplex. Unfortunatlely my husband passed away and the remodel was to make room to move my parents into my home to help me and my family. We always took care so the pipe was not allowed to be damaged and repainted any bad spots with tar. • In 1985 at the advice of Mr. Resor, I wrote a letter to a Ms. Kristine Peitz an attorney in Vista. I was Informed she was handling a case in 1 • • February 22, 1988 Solona Beach where a similar pipe rusted away and caused the bluff to collapse. (see article enclosed) With out my knowledge she left town and someone else took over the case . After the bad storm in Jan. 1988, the drain pipe was damaged at the bottom of the stairs and appeared to have collapsed. On Feb. 4, 1988 1 called my attorney, Mr. Don Mitchell of Encinitas to contact the city for me and have them come out to inspect the pipe for any leaks due to corrosion and old age. He said he would do so, but requested any information I could give him about the pipe. On Feb. 17, 1988 1 called Jim Baldwin a contractor to have someone clear the pipe of iceplant so I could get some pictures for my attorney. On Feb. 19, 1988 they cleared the pipe and found it was hanging so the end was on the ground. At my own expense I had the workmen raise up the pipe and brace it so the water would flow freely from the pipe. However , now when water passes through the pipe it leaks from underneath in about four or five places because it is rusted out. It is easy to assume that if It is rusted and leaking at this point where we can see it, that it very well may be rusted out and leaking any where up above, along it's path from the street to the beach When I first moved here in 1971 the street had only a few homes in the 2 Fcbrunry 22, 1988 area. Today there are only one or two lots left to be developed, creating a larger amount of water to runoff than before. When it rains the drain on the street services a large area. Water runs from the north on Neptune Ave for about one block. It also travels about two blocks from the south on Neptune Ave. Because both Grandview St. and Avacado St. which run east and west are hilly streets that run to Neptune Ave., all the rain water or any runoff water from these streets run to the drain in question. One day about two years ago, I was working in my yard and two men were inspecting the drain. One Man lifted the manhole cover and looked into the sewer. I asked him why he was doing that? He replied, he was the developer for Neptune's Cove and before he could get a permit to build his nine condo's, he had to show that there would be proper drainage for any runoff from his property. They did get their permit to build and all the runoff from that development does flow to the drain we are dicussing. A similar case is a neighbor to the north at 1662 Neptune Ave. who needed a permit to build a spa on their property had to show the water would not run off the bluff. He planned it so the water would empty into the street and run to the drain in question. You can see that this drain services the 3 February 22, 1988 surrounding streets and the community and construction permits were given because of this drains existence. It is the only drain of it's kind in the area servicing 55 home sites, over half of which are duplex residences. I made inquires and found out that the life expectancy of such a drain pipe is 15 years. This pipe is 19 years old. Presently I rent out one side of my duplex. I derive about half of my income from this rental. Lack of proper maintenance to this pipe could cause a similar slide as in the one in Solona Beach I could loose my property as well as my tenant. I still have several children at home to support, and cannot afford such a disaster. It would create a serious hardship for both myself and my family. Your prompt attention to this matter is therefore extremely important. Sincerely, Arlene Mattioli • 4 f r gyp. � �} 1 . ✓ � � : I }+ ., A �.. r 1 l ti `y i 1 F h - - phi t •�.C. .t� f � � .y� �j' AM w IW, I 1 � s r i ,J I �► t I f On the east side of • Ave there d rain connects to aDiDe that is under the street. This same drain connects to the PiDe that runs down my bluff. T also wonder what condition the iiDe under the street is in as it is older that anyone around here can remembe OF NEPTOAJE AVE, - ,� f �, ""7• r st. y J i r _.•� — a ........... r �, 1 r •, 11 J f < .E I �w. OWT lobe _ ' 1 Al 'Y 1 . c W47 'T - - - - -- - - -- -- 7 fu � �GL 1 Aj C- A - T E P P i AJ 5 z I - --•ate .,,_ ��,,^� • � ice.. AVACA DO -S I ti Ii i C 1w P"4 r 7 S 11 • k9 A rt ,� c o tir S F to tit T`9 r Q. X11 C , 1 t ' f� 1 J I I 6 2,4T E G` PEgiIVC— To P 1 �F l� �5 i�. i� i} ; i z 4 i� • rA c U'��L j L t P� L /J 7 - • � o� FT G C9 Cl 21, 1�,9 ATEP, T _ o c c 1rvAT�P .A�� C. CKS SO o ,u, �j £P Tv o P PoAk oT+�- C- Ie,A IJ U t uJ -j- A U A C A � 'Erosion a I! AW clef flianger for residents Homeowners see disaster inching nearer to them By Laura Kaufman, Writer r, SOLANA BEACH — Winter storms that pummel the beach and `•, ` , send rainwater streaming off cliffs have left an eroding legacy here. �� '�, .> 't" ,� At the north end of the city, for example, a house clings to the edge •�� -, 1�` .�.', n• of a crumbling cliff just above Car- diff State Beach And owners of property for more than a mile on either side of the �ti t •' 4 house in recent months have asked the City Council for permission to protect their own homes from Mother Nature, who has been nib- bling away at the bluffs and their ` k~ sense of security. " People are desperate, said Councilwoman Celine Olson, point- ing to plastic drainpipes hanging like streamers from the Wp'6f the !; / e. c ' '• ", bluffs. "They're trying anything right now to protect their proper- g P P Pe ty ,, Within a month, Joseph Stein- berg and Lisa and Fred Kuhlman, T� owners of the Circle Drive proper- ty threatened by erosion, should begin construction of a 165 -foot- E long sea wall to protect their homes. y �� •�,` ` 'x The project also will include ex- , , . tensive work on the blufftop, using V �71 earth reinforced with plastic strips, �.. according to Louis Lee, an engineer with the consultants Woodward and The San Diego Union /Charlie Neuman Clyde. In Solana Beach, the clifftop home of Lisa rate of erosion was six Inches a year be- The project is expected to cost and Fred Kuhlman is threatened by winter fore riprap was deposited at the base of about $M,000. storm erosion. One engineer estimated the' the cliff. Both the Kuhlman and Joseph Steinberg separately have sued the Steinberg's swimming pool and and the way the foundation is set their living room windows are county for damages caused after a yard are in danger of sliding to the up, even though it doesn't look boarded up. The erosion around i drain i e r_u et ture e d in December of Bch, but a reinforced concrete stable, it's on a solid foundation," their home has made the Kuhlmann at sent - t W ater cascading foundation originally built on the Muir said. "very nervous," Lee said. over the cliff. The water caused ex- Kuhlman property has thus far pre But, Muir added, "if the bluff It took six years for the Kuhl - tensive erosion and brought the vented the house from sliding down recedes another two or three feet, mans and Steinberg to obtain per - Kuhlman's house perilously close the cliff. they'll loge the living room." mite for the Project, Lee said They to the edge, according to architect "When Fred designed the house, The Kuhlman are living in the Lynn Muir. he had visions of this occurring, back portion of their house and See Cliffs on Page 4 �c� C=� Q• t ► U. OAJ 10 l i fs . C a growin wQ ,�I g ,"Yt mener ° P 4. d his data roved IAft has »hest b�etteoi f1is. Y 11 �i11ed s� R In a eeapk of—eases h " between oee -haU "hwh ad six wvea a�t�ta' en we )meowaecs hired the' the !fir orgh;iYelr name firm . inches of erion a year at the base os roarna'darMg eiolent wh>ter storms. ��• eases folbwr Bey had Lir6d 15 *ft earllet; 'the elft- throughout the county. So .: me AWOParty, owners have coo -.' ;.., *ayor ftosmie yes. who .said,. "No. obl In -Solana Beach, he CH hove. afructed sea wall, some of which are laid the January, storm however Pr , O -you - h amrary storms blew out on't need a sea watt. ,Xoa'll never „ eroded ropYo. one inch a year, he said. tq feet away from property Beet, ' Windows in homes where sea walls ied a sea wall." However;'in front of pt Ndkbun :' Rowever, activists contead the were built beyond the five fimik Lee said h firm was one'o those - ' Prope tyt I" measured .kbe' at walla lt[estrlct public access to the Delaney enpports the idea of al- ho did the preliminary engineering • 3aches a year before ripnp was beacb; :'and they have succeeded in ,lowing sea walls up to 15 feet away udies for some blufftop plans. He ' deposited at the base of the cliff in getting an initiative on the April 12 . from property lines, with a called Mat at the time be advised early 1993• ballok The activists want to limit sea 'handy walkway" clearly marring public ac- ving eroding bk& walls to five anty officials that it was safe to Problems invol "feet did near sea caves. have not been limited to Sdana bey ond the �o- "We really didn't have information Beach. to bow fast sea caves enlarge and In November, the City Council in llapse," Lee said. "There was no Encinitas decided to prohibit build - non to believe it was going to col- ings frorp being constructed any Closer than'40 feet from the edge of a 'But 10 years after the structure -bluff. is built, the sea cave - collapsed and •, Fuller , °of the planning depart -' dangered •the structure. -At that -meat . believes anything less than a 3e we went back and said it need- •40 -foot setback would be unrealistic a sea wall," Lee said. "If there is a major earthquake Lee said previous studies were along the Rose Canyon Fault ... ;ed on scientific data available at there could be a lot of damage fie' throughout the county," be said. 'In the 1980s, there. wasn't very "We're within two or three miles of :ch information published to eval- the fault, and anything that close to .e and determine erasion rates," any rind of bluff is going to be a said. "There were boom at the problem." ie that .looked relatively stable. Del Afar, megnwhile, is has its own . opinion was, in most : ems, that battle brewing over beachfront pro- ias not a problem. •. , . , • • .ee said his firm has been measut- W66 oy the city's shoreline Is flat, cliff erosion for more than a dec- ' AM bachfront property owners i � FEB I -Z JIL ,� �; i _. I —!;.%� e � 1 ,; ;. �� Q ; ,��� �• G.S o�� � �1 `1 s `� 1 les WE F1 �.EaY CFRTIFY THU � � �� ' AIL BE A TRUE Aril! > G RECT ORIGINII° C TF ER �.3 ', I� 'v`V IN FULL FORCE AND EFF,�: e . DATED a g 1 GIBSON, DUNN S CRUTCHER 'Trust Se of AI • cap j ° I L ED GORDON A. SCHALLER .0 tt� RIVERSIDE COUNTM 2 TIMOTHY J. KAY BY_ 800 Newport Center Drive RI?ED IGNATURE —�AR 2 2 �gg 3 Suite 700 4 Newport Beach, California 92660 WILLIAM L a�eeLr, a.ft sr (714 ) 759 -3800 0. L 5 Deputy Attorneys for Petitioner 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF RIVERSIDE 10 11 In the Matter of the ) N0. 5fj2 3 5 12 13 JOSEPH INTER VIVOS TRUST U /D /T ) ORDER WAIVING NOTICE OF DATED MARCH 9, 1982, as amended. ) HEARING; ACCEPTING 14 ) RESIGNATION OF TRUSTEE; APPOINTING SUCCESSOR 15 ) TRUSTEE AND TEMPORARY TRUSTEE; AND INSTRUCTING 16 ) THE TRUSTEES CONCERNING DISTRIBUTION 17 ) (Cal. Prob. Code SS 17200, 18 ) 15640, 15660, 17206, 15644, 15602) 19 ) 20 The "Petition for Ex Parte Order Waiving Notice of 21 Hearing; Accepting Resignation of Trustee; Appointing Successor 22 Trustee and Temporary Trustee; Waiver of Bond; and Instructing the 23 Trustees Concerning Distribution (Cal. Prob. Code SS 17200, 15640, 24 15660, 17206, 15644, 15602)" filed by JANET JOSEPH FELL, a person 25 interested in the above - entitled Trust, was heard on 3 2 , 26 1988 at 8• /S / a.m. in Department 2 of the above - entitled Court, the 27 Honorable William H. Sullivan, Judge, presiding. Petitioner 28 1 appeared by her attorneys of record, Gibson, Dunn & Crutcher, by r... w s owun s 4 rip a �. • i 2334 85 343860 / Recorded Rsquest Of R�cof:nen n+ FIOELITT RATIONAL TITLE I crfli.InL REf.�iln5 _ A,q wren acw"o uAAro Of SAN CItGO CGUS Y. LA — r Steven Bryant 1395 SFP I8 .Im 3 50 RF Ill— 1355 Summit Ave. AR — Cardiff, CA 92024 VERAL L LYLF COUNTY RECURDERJ TLR pets T T ` SPACE ABOVE THIS LINE FOR All ENURDER S U LONG FORM DEED OF TRUST AND ASSIGNMENTS OF RENTS THIS FORM FURNISHED BY OLD TOWN TITLE COMPANY, INC. pp I one Of A. I Thls Doeu of Trust, made this 13th day of Scptetcbcr 1985 , between 1 ARLDE E C. M4ITIOLI f , herein called TRU£TOR, whose addre •s ib36 tI0ptune Ave., Loucadia, C4 92024 �I (number and street) (cilyI I lqua Izlpl OLD TOWN TITLE COMPANY, INC., a California Corporation, l`ereln called TRUSTEE, and STEVEN BPYA•dFr, r•N UDP'V{ MM MAN I • i ,herein celled BEN6r ^,IARV, � I Wlt:lesseth: That Truslor IRREVOCABLY GRANT$, TRAN3FF.RSANO ASSIGNS TO TRUSIE IN TRUST, WITH POWER OF£ALE, that property Ire SAN Diwo County, California, described as: I j \ That portion of Wt 2 in the torthe.tot Quarter of Section 5, Twmship 13 South, V Ranne 4 West, San Bernardino Bare xnd Meridian, accortlinq to official plat thercof ....... rinre particularly described in exhibit 'a' 41 ttactled hereto and mule it part hereof. I ACCOMMODATION FILING I � 3 I TWIT --, renb,asuesAnd profits thereof,$uaxoT. to therlpht.pom—ndautMrlry Mralnaaar away to Ord oonkrred Upon L aenehr,Iary to collect and apply such rents, issues and profile. For the Purpose of Sscurinp: ant npn p1eMe _ I 1. Perfa man" of each agreement of Tnn herein ln contained. 3. Payment of , U'JU. as •vldenced exa We P by Tr or y h In Of a r o data h errwlm, and any "h"u Lon of reraw•al thereof, In the principal sum of S 1 U JU UU Beneficiary o/ order. 3. POy—nt of such further sums a the than record prMt of as id property Mrgt{a. may DOrtdw Iron BOMllclary widenoW by Ordinal note lot Whirl) reolllr 1 II N W seduced. f To Protect the Sareurly of Thls Deed of Trust, Trustor Agrees: rlTa.«a.aw lm •ewsW m. enw, •w�.o+..,aa,.•�e.•r«„ww•.nu�w�a 11+.«,,.wmw�•1•ww.la. wr•r+v:wwpmWwn„rw•.rw..n►►*•w ., ' t �' .,, wr,.+ ro-ew.,, w: w.,,.•, robaau •a./e.,w.wroar.^•ea•..0 <a..,•IO, aaawrlw„•.au,a +a w,•+w,.anw.m,. w<o-wr.,w.. .w,wna�.ti 'y 4 ' , e r a�x•rw.. w rw•..a ar, w o-.•.e. ne•wn:ra w a,Tm. a o -,,.«..m n,. w w,•++n. wit r ewmn mr.nww^nerw.••rw a,w.r. 1.,•aa.. n,•„w.w. awo- w ao M am •<n .nosh eew w <Iwra:nw r.w a,.w wevv m•r o-,M,ar,.at• r•<..arr. w.o•<,rs re•r.•ru•ra r.,.w not •.auWq ew � ww•+ A Te r•wM.,..www •+s ar..waw..w11 r/.rsl.w le �wwrw.sa> waerw�• air, w�wv�e +.i,•.:,wa•omr«awwn,l,•,.a Mare r nn a•rasa.r •�e<. ti ae•e,•aer M eae a•,ae i r . 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Her aHwww rswn..w`.w.w I i ti,w„ w „n,w..a. rraw A H s..aww W arti wnorr.a♦/ W ,.wrc.a N H to wwawwww•wawarow wlNa �.wwra. �ra�a� www wwrwnw.a.rw «m.wr Tn,n..wr w.. wna•wnnwmw«. I rwu«H,wnra Hargw�TrvrY♦.TrvNwWe♦rwwrn nrrM,rrr,Manr. W/rarwwaarlrwriwr,Yr+W i i li]IrM nw Gr sa•n.a..,urw Harnrrr w, WMrwarM, yyy. yy „,w,a.ya♦�r.rwrnr.wr,nwl•aoy. r.awwa.rraarn Warwr Tnr wr trwwry rn w++ W nrr-r wyanq o�wa�•. a s. w w.ww«w.e.. wwn« a,w,wn.s r errsw lw«n �n.w n..a. wwww H.wwn b..awr. H «rww+ � M 'wnw♦. aww ,w,w. W H rrq.w a«Mr HYrw M pyrd I f twat rwR yewOrwo.r.eAM.TnAwrMaaawrabwdr rM wnY nrard I MI/ lial Tlw Tra w,rwOw br Trua am Nr aaa. NN r♦rwrl W tl�Y+ • yrlcrry w T,urr ry+ r r WM Nwr MwM+ A Tna.r arn+w rY w,ar r♦n arrr Lwa a Typ w a rrr wan w rroewl In ^' 1M wMwrYr.n Tnrw rNrrr ar .rout wrr/rNae NOarr/IW dwr l.waMy wwnrrwrnrwsrniwdlr wow wwraw. wr brw I Signature of Trustor 1 ' - CA t �� >. F «* ” " I .-W TICOR TITLE INSURANCE i t r° l N CA 21 ICI y + ' i IllndiviJuall �I ' 1 1 J S'I A7't.()1 (.: \I 11:oKNIA alunrr or ---.SD rwhh< in anJ Inr i t a t,�ber 11, 1985 h urc me ersigned. a Nn .y I On A c c f . mt the t l2 nd aald su[ p-1-11Y -afar d - - - -� �— _ , r�lwmot9oo�o` I ( I I nv i preJ [n me n [hi basis o (sa[ISlac[u y evidence [°be (�f Flr'.i Al `; '�?°°9 y 1 [he _ «hose name is s b e 1 d [° the 1 HCLFF! E ICOfOgp' I , erw a knowledged hat SYI� cX9. p .� • Il°iAGY VVCIP C \lARp1A C .Rhin in+vrr iem nd ac . t ` 1 .l m1 o¢ro en rt' _l 1 7 <meJ [h<aame. r I• a o1re aPrt 771 I i � WITNESS my pppan p d +nJ uffcialy�+t. ,�..,,..,.t >o —..... I Signal. ^� (Thr uer la M(W., rourW — I" FOR REOONVEyANCE OR FORECLOSURE SEND TO THE OFFICE M i OL F D TOWN TfTlf COM REQUEST PANY INC. OR FULL�EMO���ANCE 1 N rrr rb art I 2 To OLD TOWN TRLE COMPANY: MC. TRUSTEL" �� �� 4 O ro. O eu F• I A zluz+ nu a CI G i ? c Cri 1 00 1 r A 04 Mn11rwYMral rY bMrTYr[ "Otl ■M ♦. eH Ynrl r r+ralr r H Tnwr 4 arrNYYr aarws rawrsrwr ���J .UY. �• r 1 I .1 �� � r r•. I f r .I , A I i 2386 { .` �TNE LAND REFERRED TO IN THIS l3 POLICY IS SITUATED IN THE LLOWS OF 1 CALIFORNIA, COUNTY OF SAN DIEGO, AND iS DESCRIBED AS .FOLLOWS THE SOUTHERLY 50.00 FECT OF THE FOLLOWING DESCRIBED LAND .I TaIAT PORTION OF LOT 2 IN THE NORTHEAST OUARTER OF SECTION 50 AND ACCCORDINGI TO OFFICIAL PLAT THEREOF DE SCRIBEDN AS B ASE FOLLOWS' BEGINNING AT A POINT ON THE WESTERLY LINE OF NEPTUNE AVENUE AS SAID - , , F.NuE IS SHOWN ON MAP NO. 2078 OF THE SOUTH COAST PARK ND. rj' FILED NOVEMBER 21r 1927 IN THE OFFICE OF:000NTY '. SAN DIEGO COUNTY, DISTANT THEREON NORTH RECORDI :F WESTERLY T. 4EST 229. FEET FROM A POINT OF INTERSECT101t OF THE WESTERLY SAID PRJLOIIGA'ION OF THE CENTER LINE OF GRANDVIEW STREE wES1ERLY LINE OF NEPTUNE AVENUE, AS SAID STREETS ARE SHOWN SAID MAP NO. 2078, SAID POINT OF BEGINNING BEING FURTHER IMAM IF T AS TIDE MUST E�ASIERL` CORNER OF LAND DESCRIB ED SEPTEMBER 23MARGUERIE H. GIL%ERT, DATED S'.PTEMBER 10, 1942 E I� 1942 IN 1300K 1393, PAGE 399 0 1 F OFFICIAL RECOR OESSAID COUNTY' TrIENCE SDU1H 70 °.3'15 LI OF SAID GI TONDTIIEDCOUNOIYNOFOSANHDIEGO .ERLY DATED JAN'1ARY 10, 1970 AND RECCRDED IN BOOK 1131. PAGE 25 07 DEEDS, RECORDS OF SAID COUNTYI THENCE -,OUIH 16 °59'40" EAST 273.34 FEE ALONG SAID EASTERLY LINE TO A POINT (HENCE SOUTH 21 °06'45" EAST 76.94 FEET TO THE IIMOST EESTERLY CORN OF L 1934 DESCRIBEO IN DEED TO HERBERT R. RECOI+DED MAY 11, 1934 IN BOJK 290, PAGE 315 OF CFF IC JAL RECORDS OF S /'ID :OuNlYl THE(ICE NORTH 70 °33 EAST 203.08 FEET MORE OR LESS ALONG THE NORIHERLY LINE OF SA NAIL. LAND TO A POINT ON SAID WESTERLY LINE OF NEPTUNE AVENUE ( THENCE 14011 19 °26' WEST 350 FEET MORE OR LESS PI-ONO SAID WESTERLY LINE TO THE 0 INITHEOOFFICENOFNCOINTYPRECORDERDOFF SAN RDIEGOAC UNTY,1,1jULYFILED I I 24, 1944. I T 1 I O 1 II co W CO ' y � IiA wM1MMN \r p '��� Nu "w. .+I, �.w w."✓Mr M..wlq MIiM,°wwwM°"°,\ y „II cz .eN �,.r b' ..r , .M ✓\ wr.•\w°•`w Ml,r. ..!\\n.w°T"rww {, I..N w".4•'O'• ar..wwnlraw l,.le\°\ wr,�w! ,..w.M i C '. ,•ISep.Iw ww'I M°lwd. ,.rl. elr.! Mr.w\Y�M ,l.r.\w+ { ` w,«.. ww M....,.M.,r ►.w.°, llni,w\wil'Nw°'. •r°M� � ° e l � '. ° w+ •.� °�rvw �w7w.Mw ^I+..1' aN...•t •°..w �� ww.ri.P"•Mrwww M.w.r °I4N� �1l.w.M wwMMy.^ r , � 4 \.+' w °Y '",,, ! \ r... �,°•`M w�^, °...l rM..wVwr, �� � .wnr` - -- � ,..! w re • w,w, I1 WE HEREBY CERTIFY THIS DOCUMENT TO •- --a M A TRUE ANN CeRRECT COPY OF THE _ W IGINAL THEREON, AND IS NOW IN FULL • • ~ ' ` V E FORCE AND§ ',� G DATED It 2 MAY 10 U OF TRUST Trust Seryk9l °£ erica, Inc. vMWAW t BY- "JOSEPH FAMILY TRUST" I7Eb SWGNATURE ROBERT K. JOSEPH, hereinafter called "Trustee," declares that ROBERT H. JOSEPH and MARY L. JOSEPH, herein called "Trustors," or separately as "husband" or "wife," have designated or have stated that they will designate, the Trustee as a beneficiary under certain policies of insurance upon both their lives, described in Schedule "A" attached hereto and made a part hereof. All property now or hereafter subject to this :rust, including proceeds of insurance as and when received by the Trustee, shall constitute the "trust estate." It is the Trustors' intention that all community property transferred to this trust and the proceeds thereof, hereinafter called the " community estate," and teat all quasi - community and separate property of either Trustor transferred to this trust and the proceeds thereof, hereinafter called the "separate estate," shall retain its character as community, quasi- community or separate property, respectively, during their joint lifetimes, subject, however, to all the terms and conditions of this instrument. The Trustee shall hold, administer, and distribute the trust - estate in the following manner: ARTICLE I PROVISIONS RELATING TO POLICIES OF LIFE INSURANCE The rights, powers and obligations of the Trustee and of the owner of any life insurance policy payable to any trust created hereunder shall be as follows: r to the trust or the withdrawal of said property shall not effect the nature of the property as cc. =unity unity or otherwise. 2. During the lifetime of both Trustors, the Trustors by written instrument filed with t:ie Tru3tee, may alter or divest the interest of or change the beneficiaries, and, with the Trustees written consent, may amend this trust without limitation in any other respect. Amendments may be cancelled or amended in like manner. 3. From and after the death of the predeceased spouse, the surviving spouse shall have the power to alter, amend or revoke Trust A in whole or in part, but Trust H may not be altered, amended or revoked by any person. From and after the death of the sur. vivinq spouse, Trust A may not be altered, ascended or revoked by WE HEREBY CERTIFY THIS DOCUMENT TO any p erson. RE A TRUE AND CORRECT COPY OF THE ORIGINAL THEREOF, AND IS NOW IN FULL ARTICLE IV FORCE AND EFFECT. p DATED POWERS OF THE TRUSTEE Trust Se '418 f erica, Inc. To carry out the purposes of any trust crii� I E instrument and subject to any limitations stated elsewhere in this Declaration of Trust, the Trustee is vested with the followinq powers with respect to the trust estate and any part of it, in addition to those powers now ox hereafter conferred by law: .• 1. To manage, control, sell, convey, exchange, partition, divide, subdivide, improve, repair; to grant options and to sell urpon deferred payn.ents; to lease for terms within or extending beyond the duration of this trust for any purpose including exploration for and removal of gas, oil, or other minerals; to enter into community oil leases. 1�. WE i5 N E. ;Y 6`,.? ?'fit ' 'T " W W-tNEIST TO CF THE O A IS NOW IN FULL - FO MP AND Ek�FELT. • DATED 2. To retain property, includingTtb Africa, Inc. `��`` ��s tee BY Dank, and invest and reinvest as provided by _ Ii tt tirta existing, including investments in any cor=on trust fund now or hereafter established by the Trustee; provided, however, that unproductive or underproductive property shall not be held as an asset of Trust A for more than a reasonable time during the lifetime of the surviving spouse without his consent. 3. To borrow; to place, replace, renew or extend any encumbrance upon any rftal property; to institute, compromise, and defend actions and proceedings. 4. To participate in voting trusts, pooling agree- ments, foreclosures, reorganizations, consolidations, mergers and liquidations and in connection therewith, to deposit securities with and transfer title and delegate discretions to any protective or other committee as Trustee may deem advisable. S. Except as otherwise specifically provided in this instrument, the determination of: all matters with respect to what is principal and income of the, trust estate and the appointment and allocation of receipts and expenses between these accounts shall be governed by the provisions of the California Principal and Income Law from time time existing. Any Such matter not •' Provided for either in this instrumtat or in the Principal and Income Law shall be determined by the Trustee in the Trustee's discretion. 6. The enumeration of certain powers of the Trustee not li-Mit its general powers, the Trustee, subject always �`' �h�• discharge of its fiduciary obligations, being vested with il.t all the rights, powers and. privileges which an absolute f� • ..he same property would. haven,. compensation and other expenses incurred in the administration or protection of this trust. This discretion imay be exercised not only in the interest of the crust estate, but for the benefit of any Beneficiary. The income remaining after such expenditures as the Trustee shall elect to pay therefrom shall constitute net income. The provisions of this Paragraph shall not apply to Trust A. B. These trusts have been accepted by the Trustee in the State o: California, and unless otherwise provided in this instrumant, their validity, construction and all the rights under them shall be governed by the laws.of that state. 9. if any provision of this instrument is unenforceable, the remaining provisions shall nevertheless be carried into effect. 10. As used in this instrument, the term "issue" shall refer to lineal decendents of all degrees, and shall include afterborn and adopted persons. 11. As used in this instrument, the masculine, feminine, or neuter gender, and the singular or plural number shall each be allowed to include the others when the context so indicates. EXECUTED in triplicate at Riverside, California on '•: - 1972. - TRUSTEE: R03ERT H. JOSEPH. ; WE HEREBYkGERTIFY THIS DOCUMENT TO BE A TRUE ANL' CORRECT COPY OF THE ORIGINAL THEREOF, AND IS NOW IN FULL FORCE AND EFFECT. DATED Trus eraca, Inc. BY__ � IGNATURE Boom on 07 rise NUM i } � AND WHEN RECD ED MAIL TO DEC 2 O O,/yl A 177 asrt r "fa r.1 P. "yers DFffdAC O W /� .Dean., l. 1630 ::c; tune AV Will DW DDIDIry MR t rr 0 eucadir., CA 7224 KW F. BLOB sr, L Title Order No. Escrow \o,315143 -4 SPACE ABOVE THIS LINE FOR RECO RDER'S USE DOCUMENTARY TRANSFER TAX S 4 W7tle— COMPUTED ON FULL VALUE OF PROPERTY CONVEYED. OR COMPUTED UN FULL VALUE LESS LIENS AND EN M ANCE R AINING AT TIME OF SALE. ,Vj e we oror De«Aw 1— wA.i Grant Deed kPol? FOR A VALUABLE COVSIDERA710\, receipt of which i% hereby acknowledged, MARY 1'. ' ^'FRS A `IAPPTFI) C0`tAN'' - hereby GRANT(S) to MAPY r. M AN 1'`. ".1RrIFn the following described real property in the county of SA'1 DTECO state of California: • AS PEP. LFCAT DESCRTPT10': ATTACHED Dated A' ; ust 1 1 t WARY 11. `. FP.e STATE OF CALIFORNIA San Die } SS. covNTT of o � On December 12 1977 before me, the under. slpted, • Notary Public in and for said County sad State, personal. v 1, spp•snd Mary H. Myers known to me _ to be the person whose name is subscribed to the within isstrement and ackeowledired that she ,vacated the same. V- � W � 7 MVC DAMS � --� OM�MN a 0 t� �C_=r WA oIrGOOOIMo a.ut rvre oa .aiwrto �■Ot 17, I= • Maury Pablic to and for saki County and State Is" .as Mail Tax Statements to Return Address Above root. No. All that Po rti k the Northeast Quarter of Section 5, imship 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, nccording to the United States Government Survey approved April 19, i881, described ab follows: t ..- Commencing at the intersection of the Weqterlv line of NEPTUNE. AVF.NI'E, and the Westerly prolongation of the Northerly line of PHOF.BF STREET, as said streets are shown on Map of SOUf'i COAST PARK No. 4, being Map thereof No. 2049, Records of San Diego County; thence along the said Westerly line: of slid NF.PT1 AVENUE the following courses and distances; North 19 ° 26'45" West a disc -ince of 1,276.57 feet (Map record 1,276.43 feet) to an angle point in said Westerly line; there a North 28 ° 09'40" West a distrnce of 132.2 feet (Rec.)-d 141.:2 feet) to an angle point in said Westerly line; thence to and along the Westerly line of NEPTUNE AVENUE as shown on Map of SOUTH COAST PARK No. 5, being leap No. 2078 on file in the Office of the Courty Recorder of San Diego County, North 19 West (Record North 19'26'45" West) a distance of 1,003.48 feet to the TRUE. POINT OF BECINNINC; thence South 70'37'45" West .1 distance of 204.18 feet to a point on the Easterly line of that tract of land as conveyed by the SOUTH COAST LAND COMPANY to the rOUNTY OF SAN DTEG0 by Deed darod Jar.unry 10, '1930, and recorded in Book 1731, Pale 254, Records of Deeds; thence along amid Easterly line of COUNTY land, North 21 ° 06'45" West a di-Lance of 50.02 foot, thence North 70'37'45" Fast a distance of 205.7 feet a to a point on th. ,.:i;d Westerly line of NE.PTVNE AVFNI,T; thence along the said Y Westerly line of NEr'T'-'NE AVENUL South 1 East (Record South 19 ° 26'45" Ea-;t) d is tance of :6 feet to the Tki'I: PO1';T OF BECINNING. ) t ) t 4 s i 3 k i f 7 r • .k i • • r CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY m 1963 SCHEDULE A POLICY N0. ' 935030 -A PLANT ACCOUNTI ARB N0. 50 AMOUNT $86 +000900 PREMIUM $292*40 EFFECTIVE DATE' NOVEMBER 11+ 1971 AT 9600 A. M• NAME OF INSURED FERDINAND S. MATTOILI AND ARLENE C. MATTIOLI 1. TITLE TO THE ESTATE OR INTEREST COVERED BY THIS POLICY AT THE DATE HEREOF IS VESTED IN' FERDINAND S• MATTOILI AND ARLENE C• MATTIOLI9 HUSBAND AND WIFE AS JOINT TENANTS 2, THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN SCHEDULE C COVERED BY THIS POLICY IS A FEE. SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWINGS PART ONE ALL MATTERS SET FORTH IN PARAGRAPHS NUMBERED 1 TO 5 INCLUSIVE ON THE INSIDE COVER SHEET OF THIS POLICY UNDER THE HEADING SCHEDULE B PART ONE. PART TWO 935030 -A PAGE 1 i 1- GENERAL AND SPECIAL COUNTY TAXES FOR THE FISCAL YEAR$ 1971 -72 SECOND INSTALLMENT = NOW PAYABLE AND WILL BE DUE FEBRUARY lo 1972 - 2. ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTION OF SAID LAND IS TIDE OR SUBMERGED LANDS+ OR HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED - AFFECTS ONLY THAT PORTION OF SAID LAND LYING WESTERLY OF THE TOE OF THE BLUFF. 3. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN° AND INCIDENTAL PURPOSES FOR i TELEPHONE AND /OR ELECTRIC POLES9 LINES AND FOR SEWER• WATER AND /OR GAS MAINS AND PIPE LINES RESERVED BY = WILLIAM G- KERCKHOFF COMPANY9 A CORPORATION RECORDED s FEBRUARY 19s 1946 RECORDER'S FILE NO -$ 17991 SAID DEED DOES NOT CONTAIN THE LOCATION OF SAID EASEMENT° 4- COVENANTS9 CONDITIONS AND RESTRICTIONS —BUT DELETING RESTRICTION;, IF ANY9 BASED UPON RACES COLORS RELIGION OR NATIONAL ORIGIN — IN THE DECLARATION OF RESTRICTIONS - RECORDEDB FEBRUARY 19s 1946 IN BOOK 2043• PAGE 384 OF OFFICIAL RECORDS 5- A RECORD OF SURVEY MAP PURPORTING TO SHOW VARIOUS BOUNDARIES ANC DIMENSIONS OF SAID LAND. MAP NO -g 7038 935030 —A PAGE 2 6• A DEED OF TRUST GIVEN TO SECURE A N INDLEBTED ES IN THE AMOUNT STATED HEREIN AND ANY OTHER AMOU THEREOF A NOVEMBER 4+ 1971 DATED A S46 +000. AMOUNT f FERDINAND S• MATTIOLI AND ARLENE Co TRUSTOR MATTIOLI+ HUSBAND AND WIFE TRUSTEE a OCEANSIDE FINANCE COMPANY+ A CORPORATION BENEFICIARY a OCEANSIDE FEDERAL SAVINGS AND LOAN ASSOCIA`�ION� A CORPORATION RECORDED i NOVEMBER 11+ 1971 RECORDER'S FILE NO ,9 261829 SCHEDULE C THE LAND REFERRED TO IN T POLI S ITUATED CALIFORNIA+ COUNTY OF SA N DIEGO + THE SOUTHERLY 50.00 FEET OF THE FOLLOWING DESCRIBED LANDS THAT OWNSHI P T13 SOUTh+ OF LOTRANGE NHEA QUARTER OF BASE T MERIDIAN9 TOWNSHIP 13 ACCORDING TO OFFICIAL PLAT THEREOF+ DESCRIBED AS FOLLOWS= BEGINNING AT A POINT ON ONE MAPSNORL2078NOFOTHEESOUTH COAST AVENU AS SAID AVENUE IS SHOWN PARK NO. 5+ FILED NOVEMBER 21+ 1927 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO AOPOINT DI OOFRTHEIWESTERLY WEST 229.43 FEE?" FROM PROLONGATION OF THE CENTER LINE of GRANDVIEW STREET+ WITH SAID ARE AS SAID WESTERLY LINE O�9ESAIDEPOINTNOF+ BEGINNINGSBEINGSFURTHEROIDENTIFIED SAID MAP NO. 208 AS THE MOST EASTERLY CORNER OF O +L ND DESCRIBED IN D H. GILBERT+ DATED SEPTE B 1942 IN BOOK i33 +PAGEWE59 O FF I CIAL MORE IESS THENCE SOUTH 70033115 THE SOUTHERLY LINE OF SAID G I L BERT TO THE O COUNTY N OF O SAN H DIEGO9 ERL LINE OF THE LAND DESCRIBED DATED JANUARY 10+ 1930 AN D COUNOTYDEDTHENCEOSOUTN316 °59G4025EAST OF DEEDSr RECORDS F UTH 273034 FEET ALONG SAID L INE 21 °06 °45" EAST 76.94 FEE 9 1934 DESCRIBED IN DEED TO HE RECORDED MAY 11+ 1934 OF SAID COUNTYt THENCE NORTH 70 0 33 1 15" EAST 203.08 FEET MORE INE OF SAI HALL OR LESS ALONG THE NORTHER NEPTUNE AVENUED THENCEANORTH 19°26045" ON SAID WESTERLY LINE O F WEST 350 FEET MORE OR LESS ALONG SAID WESTERLY LINE TO THE 935030 —A PAGE 3 i POINT OF BEGINNING+ AS PER RECORD OF SURVEY MAP NOm 11169 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTYr JULY 249 1944s NOTE SAID LAND LIES WITHIN THE BOUNDARIES OF THE IRRIGATION DISTRICT OF SAN DIEGUITOe 935030 —A PAGE 4 I THE SOUTHERLY 50.00••FEET OF THE FOLLOWING - Q£S C LAND) THAT PORTION OF LOT 2 IN THE NORTHEAST QUARTER OF SECTION 5r TOWNSHIP 13 SOUTH9 RANGE 4 WEST► SAN BERNARDINO BASE AND MERIDIANP ACCORDING TO OFFICIAL PLAT THEREOF► DESCRIBED AS FOLLOWS • BEGINNING AT A POINT ON THE WESTERLY LINE OF NEPTUNE.AVENUE AS SAID AVENUE IS SHOWN ON MAP NO. 2078 OF THE SOUTH COAST PARK NO. 5o FILED NOVEMBER 21. 1927 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY9 DISTANT THEREON NORTH 19 0 26 1 45" y WEST 229.43 FEET.FROM A POINT OF INTERSECTION OF THE WESTERLY PROLONGATION OF THE CENTER LINE OF GRANDVIEW STREETP WITH SAID WESTERLY LINE OF NEPTUNE AVENUE* AS SAID STREETS ARE SHOWN SAID MAP N0, 20789 SAID POINT OF BEGINNING BE114G FURTHER IDENTIFIED AS THE MOST EASTERLY CORNER OF LAND DESCRIBED IN DEED TO MARGUERITE He GILBERT9 DATED SEPTEMBER 109 1942 RECORDED SEPTEMBER 23a 1942 IN BOOK 13939 PAGE 399 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 70 WEST 193.63 FEET MORE OR LESS ALONG THE SOUTHERLY L'I'NE OF SAID GILBERT LAND TO A POINT ON THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO; DATED JANUARY 109 1930 AND RECORDED IN BOOK 17319 PAGE 254 . OF DEEDS9 RECORDS OF SAID COUNTY) THENCE SOUTH 16 °59'40" EAST 273.34 FEET ALONG SAID EASTERLY LINE TO A POINTI THENCE SOUTH 21006'45" Y EAST 76.94 FEET TO THE MOST WESTERLY OF LAND DESCRIBED IN DEED TO HERBERT R• HALLS ET UXp DATED MAY S9 1934 RECORDED MAY 119 1934 IN BOOK 290► PAGE 315 OF OFFICIAL RECORDS OF SAID COUNTY) THENCE NORTH 70 EAST 203.08 FEET MORE OR LESS ALONG THE NORTHERLY LINE OF SAID HALL LAND TO A POINT ON SAID WESTERLY LINE OF NEPTUNE AVENUE) THENCE NORTH 19 WEST 350 FEET MORE OR LESS ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING) AS PER RECORD OF SURVEY MAP NO. 11169 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTYP JULY 249 1944• EXHIBIT A — PAGE 1 OF 1 ' r Recording request, ,Dy: City of Encinitas ) When Recorded, Mail To: ) City Engineer ) City of Encinitas ) 527 Encinitas Blvd. 1 Encinitas, CA 92024 } SPACE ABOVE FOR RECORDER'S USE ONLY For the benefit of the City DRAINAGE EASEMENT Assessor's Parcel Log No.: No. 254- 040 -29 Project: IV IA W.0. No.. _ /A ROBERT H. JOSEPH, Trustee and THOMAS P. COTTER and MARIE T. COTTER, hereinafter designated Granto_r.(s) do(es) hereby grant, bargain, convey and release unto the City of Encinitas herein designated Grantee, its successors and assigns, a perpetual easement and right -of -way upon, through, under. over and across the hereinafter described real property for the maintenance, repair, replacement, reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE channel and Call structures incidental thereto, and for the flowage of any waters in, over., upon or through said channel, together with the perpetual right to remove buildings, structures, trees, bushes, undergrowth, and any other obstruction interfering with the use of said easement and right -of -way by the Grantee, its successors or assigns. To have Find to hold said easement and right -of -way unto itself and unto its successors and assigns forever together with the right to convey said easement, or any portion of said easement, to rather public agencies. The real property referred to hereinabove and made subject to said easement and right -of -way by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is The Southerly 7.50 feel: of the Northerly 50.00 feet of the Southerly 100.00 feet of that portion of Lot 2 in the Northeast Quarter of Section 5, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the City of Encinitas County of San D.Lego, State of California, according to Official Plat thereof described as follows: Beginning at a point on the Westerly line of Neptune Avenue as said Avenue is shown on Man No. 2078 of the SOUTH COAST PARK No. 5 1 fil(2d 21 1927 in the Office of County Recorder of San )i.ego c- distant thereon North 19 ° 26' 45 West, 229. >.3 feet fr_ a p.oi-n.t: or intersection of the Westerly prolongation o:c h.e of Grandview Street, with said `I'F /04/MS7- 893wp5 1(5-1-89) =r, 1_:'_ : 45 ID: GRCLIF' DE_TA TEL HO: E 5 0 G1' 'c —Now SOUTHWEST The proven Leader In Trenahleas Pipeline A000netruatlon September 18, 1991 E 90101328 ir. Bill Dobbins roup Delta Consultants, Inc, +455 Murphy Canyon Road, Suite. 100 San Diego, CA 92123 Re: Neptune Avenue Storm Drain City of Leucadia Bear *fir. •��.�, {ns: Insituform' Southwest {ISW) is pleased to present this proposal for the Insituforming of approximately 92 feet of 18" storm drain from the catch basin in Neptune Avenue to the grate at the top of the slope. However, prior to Insituforming this line, a complete video inspection and cleaning must be completed on the pipe to prepare for the Insituform activity. The following is the price for the video inspection / ' eaning and Insituforming of this line. Video inspection and cleaning of approximately 92 feet of 18 inch pipe at $1,600.00 per day at one (1) day estimate. Subtotal — $1,600.00 Insituform approximately 92 feet of 18 inch pipe with polyester resin at lump sum. Subtotal $20,250.00 TOTAL a $21,850.00 The cost of the video inspection /cleaning will include the deternd nation of the condition of the line and the pipe length. If the client or ISW wants to end the contract after this activity, then it only owes ISW for the video inspection and cleaning activity. 'k 7q'! 718 SOUTH PRIMROSE AVENUE + MONROVIA, CALIFORNIA 81018 • (ete) 943-0068 • PAX 018) 3034M REGIONAL OFFICES IN SAN DIEGO AND PHOENIX ARIZONA =EF -1- -' 91 THU 1-:19 ID: GROUP DELTA TEL t 10: r 1 0069 9332 PO4 V SEPTEMBER 10, 1 991 PROJEC #9130 PA¢E 2 WE APPRECIATE TH OPPORTUNITY Of $ N WHERE BNO TkIS1 P ROPOSAL; AN tT MECT5 WI YOUR APPROVAL, KI NDLY SIG RETURN ONE COPY TO THIS OFFICE. VERY TRULY YOU So JAMES HENRY A CCEPTANCC: VATE� TITLE: r CONTRACTORS ARE REQU I REO BY LAW TO BE I U CEN ED AND R ULTE A 8e CONTRACTORS STATE LICENSE BO ARD . CONTRACTOR MAY BE REFERREO O THE R AMENTRAR. CO NTRACTORS STATF LICCNSC BOARD, 1020 N STRE • U" AIJL PTUR E TM A RESOR ARCHITECT AND ASSOCIATES SCOTT KEVIN KIME, PARTNER 1 35 LIVERPOOL DRIVE • SUITE C 0CARDIFF BYTHESEA• CALIFORNIA* 92007 61 9- 753 -BO22 FEBRUARY 22, 1988 TO WHOM IT MAY CONCERN, THIS LETTER IS TO AFFIRM MY FEELINGS THAT A POTENTIAL HAZARD TO PRIVATE PROPERTY AND THE PUBLIC COULD OCCUR AT 1638 NEPTUNE AVENUE ( MATTIOLI RESIDENCE) LEUCADIA, WHERE A 25 YEAR OLD 2' DIAMETER CORRUGATED METAL PIPE DRAINS A LARGE WATERSHED UNDER THE MATTIOLI PROPERTY AND OUT TO THE BLUFF BASE. I WAS ASKED BY ATTORNEY KRIS PELZ IN 1985 TO INVESTIGATE THE BLUFF COLLAPSE IN SOLANA BEACH AT THE KUHLMAN AND STEINBERG RESIDENCES. THAT COLLAPSE WAS PRIMARILY A RESULT OF A BADLY CORRODED (RUSTED THROUGH) METAL PIPE THAT EVENTUALLY BECAME SORT OF A LEECH LINE, CARRYING RUN OFF FROM CIRCLE DRIVE TOWARDS THE BEACH THROUGH ITS LENGTH ALLOWING A GREAT SATURATION OF A LARGE AREA OF SAND BENEATH IT. THIS SATURATED SAND EXPANDED, LOST ITS INHERENT DRY STRENGH AND RESULTED IN PIPE RUPTURE, EROSION AND THE COLLAPSE WE SEE NOW THAT IS SUCH A PROBLEM FOR BOTH THE CITY OF SOLANA BEACH AND THE AFFECTED PROPERTY OWNERS. IN THE MATTIOLI'S CASE FAST ACTION BY PUBLIC AGENCIES COULD AVOID THE PROBLEMS EVERYONE FACES IN SOLANA BEACH. IT'S MY RECOMMENDATION THAT THE CITY OF ENCINITAS USES EMERGENCY FLOOD CONTROL FUNDS TO REPLACE THE PIPE THAT RUNS ON THE SURFACE AND "SLEEVE" THE PORTION UNDER THE SIDEWALK: I PERHAPS A PLASTIC TYPE PIPE WOULD BE MORE PRACTICAL. A GOOD WATERTIGHT SEAL AT THE STORM DRAIN INLET WOULD BE CRITICAL. THERE IS A GREAT PUBLIC BENEFIT TO HAVE A DRAINAGE EASEMENT ACROSS THE MATTIOLI PROPERTY. NOT HAVING THAT EASEMENT WILL RESULT IN FLOODING ALONG THAT PART OF NEPTUNE AND EVENTUALLY THE CITY MIGHT HAVE T REBUILD THE DRAIN NORTHERLY UNDER NEPTUNE AND DOWN THE BLUFF A "GRANDVIEW ". I WOULD ESTIMATE THAT COST AT $500,000 +/- TO $700. NOW IS THE TIME FOR THE CITY TO ACT TO REPAIR THE PIPE. I HOPE I'M NOT SAYING "I TOLD YOU SO" IN THE FUT SI CERELY ` ST ART M. RESO /ko ARCHITECTURE • PLANr ING. 01 NTERIOR DESIGN • LANDSCAPE DESIGN J.C. BALDWIN CONSTRUCTION CO. General Engineering — General Building SYCir i erSE TY N11'AS July 7, 1989 City of Encinitas 527 Encinitas Boulevard Encinitas, CA 92024 Attn: Ted Shade Subject: Storm Drain at 1636 -38 Neptune Avenue, Leucadia Dear Mr. Shade, I have been retained by Arlene Mattioli to help solve the situation concerning the rusted 18 inch drain pipe at her resi- dence, 1636 -68 Neptune Avenue, Leucadia. Per our meeting, we agreed the safest way to repair the pipe would be to sleeve the inside with 15 inch P.V.C. pipe, replace the intermediate catch basin and grate in the yard and pour a 9 foot high foundation for the discharge end of the pipe. The total cost of the project including concrete, concrete pumping, concrete forms, P.V.C. pipe, catch basin and grate, labor, profit and overhead is estimated to be $19,680.00. Sincerely, qcx"� James Baldwin Owner 1561 Neptune Avenue • Leucadia, California 92024 • (6197 436 66 2 GROUP DELTA CONSULTANTS, INC. Walter F. Crampton Engineers and Geologists Barry R. Bevier 4455 Murphy Canyon Road, Suite 100 Phillip C. Birkhahn San Diego, CA 92123 Braven R. Smillie Tel (619) 573 -1777 Fax (619) 573 -0069 Project No. 1316 -ECOl September 7, 1990 Ms. Arlene Mattioli 1636 -38 Neptune Avenue Encinitas, California 92024 PROPOSAL FOR PREPARATION OF CONSTRUCTION DRAWINGS FOR REHABILITATION OF STORM DRAIN 1638 NEPTUNE AVENUE LEUCADIA, CALIFORNIA Dear Ms. Mattioli, Group Delta Consultants, Inc. (GDC) is pleased to submit this proposal for preparation of construction drawings for rehabilitation of an existing storm drain at 1638 Neptune Avenue in Leucadia, California. PROJECT DESCRIPTION The subject site is located on a coastal bluff overlooking the Pacific Ocean, at an elevation of approximately 95 feet above mean sea level. - The subject site is further located adjacent a topographic low on Neptune Avenue such that tributary drainage from a moderate urban watershed drains to this location as surface drainage ultimately to a curb inlet and associated catch basin located at the northeast corner of the subject site. Drainage is then conveyed down the face of the bluff via an 18 -inch corrugated metal pipe that follows the northerly property line to a grated inlet located near the northwesterly corner of the relatively level developed part of the site, and thereafter as a partly exposed conduit down the face of the coastal bluff, ultimately discharging near the base of the bluff near elevation 15+ feet. We are in receipt of a letter to you dated October 14, 1988 from the City of Encinitas describing the general deterioration of the Ms. Arlene Mattioli September 7, 1990 Project No. 1316 -EC01 Page 2 pipeline, and their suggested recommendations for rehabilitation of the pipeline. On September 5, 1990, we met at the site with Messrs. James Baldwin, Charles Marvin, and your son, David, to discuss rehabilitation of the pipeline and suitable methods for terminating the pipeline at the base of the bluff. In summary, it was our conclusion that the pipe should be re -lined to provide a contiguous structural repair. The lower 20+ feet of the pipe should be replaced, and the entire lower portion cast into a massive concrete foundation, integral with the existing concrete seawall and keyed into the erosion - resistant formational sandstone exposed at the base of the bluff. In this regard, we propose to prepare construction documents for rehabilitation of the storm drain, extending from the existing curb inlet down to the base of the coastal bluff. As we understand, permission for this repair work is required from both the City of Encinitas and the California Coastal Commission. We have done considerable work with the California Coastal Commission, and believe that we have a good relationship with Commission staff. However, since the Coastal Commission's permit is of a discretionary nature and we have been told by Mr. Marvin that staff does not currently support a concrete headwall at the base of the bluff, we cannot guarantee that the plans we prepare will be approved by the Commission or, for that matter, even by the City of Encinitas. In this regard, it is difficult, if not impossible, to quantify total costs associated with preparation of "suitable" construction documents, and would therefore propose to perform these services on a time - and - materials basis. Based on our past experience with the California Coastal Commission, we would suggest that $7,500 be initially allocated for preparation of construction documents for preliminary approval by both Commission staff and the City of Encinitas. We are optimistic that we can reach a philosophical agreement with both agencies on methods of rehabilitation of the existing storm drain, and we will not exceed the amount of $7,500 without your prior approval. GROUP DELTA CONSULTANTS, INC. Ms. Arlene Mattiolo • September 7, 1990 Project No. 1316 -EC01 Page 3 CONDITIONS OF SERVICE We propose to perform our services and invoice in accordance with the attached Conditions of Service (Exhibit A) and 1990 Fee Schedule (Exhibit B) on a time - and - materials basis. We appreciate the opportunity to submit this proposal, and look forward to working with you on this project. If you wish us to perform the scope of services described above, please sign in the space indicated below and return one signed copy to this office. Your signature will serve as our authorization to proceed, and your acknowledgement of your understanding of this agreement and the attached Conditions of Service and 1990 Fee Schedule. If you have any questions or require additional information, please give us a call. Very truly oy urs, Walter . Crampton, Principal Engineer for GROUP DELTA CONSULTANTS, INC. WFC /j c Attachments The undersigned, being duly authorized, hereby accepts and specifically agrees to be bound by the above document and exhibits attached hereto, and authorizes Group Delta Consultants, Inc. to undertake the items of work described in the above document. AGREED TO THIS DAY OF ,19 Ms. Arlene Mattioli 1636 -38 Neptune Avenue Encinitas, California 92024 SIGNATURE NAME TITLE GROUP DELTA CONSULTANTS, INC. EXHIBIT A - CONDITIONS OF SERVICE RECOGNITION OF RISK Client recognizes that the interpretations and recommendations of Group Delta Consultants, Inc. (GDC) are based solely on the information available to GDC. Client further recognizes that surface and subsurface conditions can vary from those encountered at the times and locations where data are obtained by GDC, and that the limitation on available data results in some level of uncertainty with respect to the interpretation of these conditions despite the use of due professional care. GDC will not be responsible for the effect on any opinion rendered hereunder of unknowns such as acts of others on adjacent properties, variables of nature including but not limited to earthquakes, masking of rocks by heavy ground cover or the works of man, acts of God or other variables beyond the control of GDC. GDC shall write reports so as to meet the administrative requirements of local governmental agencies; however, as the decisions of such agencies are discretionary, GDC does not guarantee the approval of its reports or of Client's project by any governmental agency. PROFESSIONAL RESPONSIBILITY GDC represents that the services shall be performed, within the limits prescribed by Client, in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances. No other representations to Client, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise. INDEMNIFICATION Client agrees to indemnify, hold harmless and defend GDC from and against any and all loss, expenses, including attorney's fees, injury, damage, to property or person, liability, costs and /or claims arising out of the services performed by GDC and /or work performed by client and /or other parties upon the real property described herein above, regardless of the negligence of GDC, its agents, employees, officers, directors or shareholders, except where such loss, injury, damage, liability, cost, expenses or claims are the result of the sole negligence or willful misconduct of GDC, its agents, employees, officers, directors or shareholders; provided, however, that any such liability resulting from any design defects (as defined in California Civil Code Section 2782.5) shall be the sole responsibility of the client. LIMITATION OF LIABILITY In the event the indemnification clause contained herein is found to be void, unenforceable, against public policy or otherwise inapplicable to claims advanced against GDC by Client or others, the liability for damages due to the professional negligence of GDC shall be limited to an amount not to exceed $50,000 or the fee of GDC, whichever sum is less. For any damage caused by negligence other than professional negligence, GDC's liability, including that of its employees, agents and subcontractors, in the aggregate under this Agreement, shall not exceed the limits of GDC'a comprehensive general and automobile liability insurance coverage. In no event shall either GDC or Client be liable for consequential damages, including, without limitation, loss of use, loss of profits or the additional costs of completing the development of the property described herein above due to delays, incurred by one another or their respective subsidiaries or successors, regardless of whether such claim is based upon alleged breach of contract, willful misconduct or negligent act or omission, whether professional or non - professional, of either of them or their agents, employees, subcontractors, officers, directors or shareholders. METHOD OF CHARGING AND PAYMENT CONDITIONS GDC will submit the invoices to Client as stated in the proposal or periodically and a final invoice will be submitted upon completion of our services. All retainers are held for credit to the final invoice. Payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. Client agrees to pay a finance charge of one and one -half percent (1 - 1 /2X) per month, or the maximum rate allowed by law, on past due accounts. Payments shall first be applied to accrued interest and to the principal unpaid amount. Client specifically agrees further to pay all expenses and costs, including but not limited to GDC's staff time at GDC's current Schedule of Fees, attorneys' fees, and court and other costs associated with collection of past due accounts. If any invoice for work performed by GDC is outstanding and unpaid for a period in excess of 90 (ninety) days, the Client agrees that, in addition to any other remedy which may be available to it, GDC may submit such invoice to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, as the same may be in effect at the date of such submission, and that ,judgment upon the award rendered in such arbitration may be entered in any court having ,jurisdiction thereof. GROUP DELTA CONSULTANTS, INC. ESTIMATED CHARGES AND PAYMENT CONDITIONS GDC charges are only estimated and shall not be regarded as "lump sum" or "fixed price" or "guaranteed maximum" compensation unless it is expressly so stated in writing. ESTIMATED TIME SCHEDULE Because of the uncertainties inherent in the services contemplated hereunder, time schedules are only estimated schedules which are subject to revision unless specifically described as otherwise herein. RIGHT OF ENTRY The Client will provide for right of entry for GDC personnel, and for any other personnel and all equipment necessary in order to complete the work. While GDC will take all reasonable precautions to minimize any damage to the property, it 1s understood by Client that in the normal course of work some damage may occur, the correction of which is not part of this Agreement. The client agrees to indemnify and hold GDC harmless from any liability for any damage so caused by the performance of such work, unless caused by the gross negligence or willful misconduct of GDC or its personnel. SUBTERRANEAN STRUCTURES OR UTILITIES Client shall indemnify and hold GDC harmless for damage or injury arising from damage to subterranean structures or utilities (pipes, tanks, telephone cables, etc.) that are not called to the attention of GDC or are not correctly shown on the plans furnished to GDC, in connection with work performed by GDC. CONSTRUCTION PROCEDURES GDC shall not specify construction procedures, manage or supervise construction, or implement or be responsible for health and safety procedures; shall not be responsible for the acts or omissions of contractors or other parties on the project; and shall not have control or charge of and shall not be responsible for construction, means, methods, techniques, sequences or procedures, or for safety precautions and programs. GDC testing or inspection of portions of the work of other parties on project shall not relieve such other parties from their responsibility for performing their work in accordance with applicable plans and specifications. SAMPLES GDC will retain all soil and rock samples for thirty (30) days following exploration. Further storage or transfer of samples can be made at an agreed expense upon Client's written request. HAZARDOUS SUBSTANCES Unless specifically included in the "Scope of Services," this Agreement does not include any services (including detection or identification) relative to any substances which might be considered hazardous by an applicable regulations. OWNERSHIP OF DOCUMENTS All reports, boring logs, field data and notes, laboratory test data, calculations, estimates and other documents prepared by GDC, as instruments of service, shall remain the property of GDC. Client agrees that all reports and other work furnished to the Client or its agents, which are not paid for, will be returned upon demand and will not be used by the Client for any purpose whatever. NO THIRD PARTY EIGHTS This Agreement shall not create any rights or benefits to parties other than Client and GDC. TIME BAR TO LEGAL ACTION All legal actions by either party against the other for breach of this Agreement, or for failure to perform in accordance with the applicable standard of care, however denominated, that are essentially based on such breach or failure, shall be barred in two (2) years from the time claimant knew or should have known of its claim, but, in any event, not later than four (4) years from the substantial completion of GDC's services. DISPUTES In the event that a dispute arises relating to the performance of the services to be provided under this Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in connection with such dispute, including GDC's staff time at GDC'a Schedule of Fees in effect at the time of such dispute, court costs, attorneys' fees and all other claim related expenses. Rev. 3/88 EXHIBIT B - 1990 FEE SCHEDULE HOURLY CHARGES FOR PERSONNEL PRINCIPAL ENGINEER /GEOLOGIST 115.00 ASSOCIATE ENGINEER /GEOLOGIST 100.00 SENIOR ENGINEER /GEOLOGIST 85.00 PROJECT ENGINEER /GEOLOGIST 75.00 STAFF ENGINEER /GEOLOGIST 55.00 SENIOR TECHNICIAN 50.00 TECHNICIAN 45.00 ILLUSTRATOR 35.00 TECHNICAL TYPIST 30.00 TECHNICAL ASSISTANT 25.00 OVERTIME FOR PERSONNEL WILL BE CHARGED AT 25% OVER THE HOURLY RATE HOURLY CHARGES FOR EQUIPMENT VEHICLE: Mobile Laboratory (Van) 7.00 Other Vehicles 5.00 Mileage: over 25 miles one way from office 0.40 COMPUTER 25.00 INCLINOMETER 10.00 NUCLEAR DENSITY GAUGE 5.00 OUTSIDE SERVICES CHARGES AT 15% OVER ACTUAL COST LITIGATION FEES Fees for participation in deposition, arbitration, trial, etc., will be charged at an hourly rate of $150.00 per hour, 4 -hour minimum, portal to portal. GROUP DELTA CONSULTANTS, INC. i • D E LTA ENGINEERING CONSULI ING S 1 I IUC 11-11 IAL ULSIGN LNUINLLI 6 8/31/90 ARLENE MATTIOLI 1638 NEPTUNE ENCINITAS, CA 92024 RE: STRUCTURAL SYSTEM FOR SUPPORT OF DRAINAGE PIPE DEAR MRS. MATTIOLI, AFTER OUR SITE INVESTIGATION OF THE PROPERTY AT 1638 NEPTUNE, WE FOUND THE SUGGESTED NEW STRUCTURAL SYSTEM TO SUPPORT THE EXISTING DRAINAGE. PIPE NOT TO BE FEASIBLE IN OUR JUDGEMENT DUE TO WAVE ACTION AND EROSION OF THE BEACH. IT IS OUR OPINION THAT A MORE SUBSTANTIAL SYSTEM SUCH AS CONCRETE FOUNDATION IS NECESSARY TO SUSTAIN THE FORCES EXERTED BY THE DRAINAGE PIPE. WE ALSO NOTED AT THE BOTTOM OF THE HILL THAT THERE IS A SUBSTANTIAL MAT CONCRETE SLAB WHICH SEEMS, IN OUR OPINION, TO BE IN GOOD SHAPE AFTER APPROXIMATELY 10 YEARS. IS IS OUR OPINION THAT THIS EXISTING MAT FOUNDATION WOULD HELP IN PREVENTING THE EROSION AND UNDERMINING OF THE BOTTOM OF THE HILL, BUT WE DO NOT THINK THE FOUNDATION IS DESIGNED TO PREVENT THE HILLSIDE MOVEMENT. PLEASE CALL US IF YOU HAVE ANY QUESTIONS. SINCERELY, AH 135 -C Liverpool Dr. Cardiff, CA 92007 • Tel.: (619) 942 -8649 IAORIZON!f CONS7UCT01N = P P "CE, Sf1N DIEGO CA 13G -3 aTE i_ICENSE NO August 6, 1989 5 ¢!'`'_ i Arlene Mattioli NiTAS 1638 Neptune Ave. WORKS Encinitas, Ca. 92024 Dear Arlene, We are pleased to quote the following storm drain rehabilitation as you have outlined for the above address: 1. Replace last 20' of corrugated steel pipe (CSP). 2. Sleeve existing CSP from existing inlet to beach with 15" diameter polyethylene pipe (.492" wall) in one continuous piece (115' + / -) and grout space between old and new pipe. Remove and replace concrete angle lug to accomodate new liner. 3. Replace grate on existing inlet in patio area. 4: install splash apron on beach with concrete approx. 10' x 7' x 3' thick poured into existing rip rap and sand stone. Install "L" shaped head wall /retaining wall 1' thick x 7' high x 10' long with travel backfill and weep hole. 5. Repair holes in pipe by grout fill. TOTAL PRICE.... . .....................$ 21,950.00 (includes additional frieght for polyethylene from Texas) EXCLUSIONS: - -no engineering or design - -no bonds, fees, permits or licenses - -no testing or inspection fees Priced and based on vehicle access to beach. Pipe delivery estimated at 4 weeks from order date. Please call if you have any questions. Fsnjre y . 'L. Pray ` Y Y President BELL CONSTRUCTION C ANY • i Custom — Residential — Commercial ' t I i .. t Dave Bell (619) 753 -2164 General Contractor License *458630 r i P ROPOSA L 7/28 19 89 Arline Mattioli 1638 Neptune Ave Leucadia Ca,92024 Dear Sir: The undersigned proposes to furnish all materials and perform all labor necessary to complete the following: Repair the 18" Storm drain running down thenorth side of 1638 Neptune as per our conversation we wili provide 180 ft. of new 15in. PVC Pipe with a concrete foundation at the west end of the pipe. We will also repair the catch basin and grate in the yard. I All the abov ork to h even unC e � co al in ,asu},�,m$l and workmanlike manner for the s � of Gent -olle ° l�housanc[ s or V � V V // II UU (f 2 4 Dollars Payments to be made eac as the work progresses to the value o per cent of all work completed. The entire amount of contract to be paid withi 10 d ays after completion. Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon written orders for same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made in writing. The Contractor agrees to carry Workmen's Compensation and Public Liability Insurance, also to pay all Sales Taxes, Old Age Benefit and Unemployment Compensation Taxes upon the material and labor furnished under this contract, as required by the United States Government and the State in which this work is performed. Respectfully submitted, D Bell Contractor 4-0w/w By ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal, for which the undersigned agrees to pay the amount mentioned in said proposal, and according to the terms thereof. Date lg �R�li�.� Torm 1 / 7R �\ Q� \ „� I' ���— mi l.► Z A. FAANK A. WALKLA CO.. FVfLI1.9". CHICA. PROPOSAL z DiCola Constructionxr No �. 124 W. Glaucus "�"�", "M Leucadia Ca, 92024 , `x ,7/2 Date, 4 .." Phone # 436 -7511 't � � o Proposal Submitted To: Work To Be Performed At: Name _- _____.._._ Mattioli _.... 3 t Stre Street_.________- __.6u8 Nep une Ave t 1638 Neptune Ave 16 City__ .. cadia Ca, 92024 - City Leucadia State Ca State Date of Plans Per Owners 753 Architect Phone _ ... We hereby propose to furnish the materials and perform the labor necessary for the completion of The replacement of the 18" Culvert pipe,Pour a foundation on the Beach end of the pipe and do necessary repairs on the catch basin and grate. ____ This estimate is to include of 15inch pvc pipe,coricrete forms concret'� Grates,and Labor._ All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of n Completion In full opo leti.on Dollars c$ ,160. 1. with payments to be made as follows: _ . _ P..._._. 22 _.. __ .. ..._.._. 00 ..__ __.. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an Respectfully submitted T om. DiCola extra charge over and above the estimate. All agreements contingent n ^� upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Work - Per men's Compensation and Public Liability Insurance on above work to be taken out by Note —This proposal may be withdrawn by us if not accepted within 30_ days. .,ACCEPTANCE. OF. PROPOSAL,.k y The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do thework as specified. Payment will be made as outlined above. a� Signature'—_____ Date Signature xn TOPS e FORM 3850 ORIGINAL LITHO IN U.S.A. i SOUTH WEST DATE �^ ^ JOB NO. 718 S. PRIMROSE AVENUE a MONROVIA. CALIFORNIA 91016 ATTENTION (818) 303 -6058 RE: TO /�f/ s i4 /- /en c /,/ /� a A WE ARE SENDING YOU I[- Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ya /,z�_ COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: z approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS , mot °.six 0 yI ° ° i cQ f'� � Gv oi^,� COPY TO // t� �t0 Y ��' /�a r' Y /• Zjj_ /ZO Qer'/r1 t� .C a /+i e�tdc �'• Zoe SIGNED: / p LOa If eaKlosure are" not as noted, kindly notify us at once. i - � ne nsi�u I N V O I C E WUTH EST " 10276 718 PRIMROSE AVENUE • MONROVIA, CALIFORNIA 91016 • (818) 303 -6058 DATE January 27, 1992 TO Mrs. Arlene Mattioli YOUR ORDER NO. Signed Proposal 1638 Neptune Avenue OUR JOB NO. J -91042 Leucadia, CA 92024 COMPLETED 1 - 17 - 92 TERMS: —NET CASH 30 days FINANCE CHARGE OF I'l,% PER MONTH WILL BE CHARGED ON DELINQUENT ACCOUNTS ATTENTION: JOB LOCATION. Neptune Avenue Storm Drain, City of Leucadia Video inspection and cleaning of 92 feet of 18" pipe @ $1,600.00 per day at one (1) day activity $1,600.00 Insituform 92 feet of 18" pipe with polyester resin at lump sum $20,250.00 TOTAL DUE $21,850.00 1 -28-92 NOTICE TO PAYOR — ""Under the Mechanics Lien Law, any contractor, subcontractor, laborer, supplier, or other person who helps to improve your property but is not paid for his work or supplies, has a right to enforce a claim against your property. This means that, after a court heating, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even If you have paid your own contractor in full, if the su b- contractor, laborer, or supplier remains unpaid. " JUN H El GEOTECHNICAL CONTRACTOR LTi OCTOBER 3. 1991 (619') 1-13.6031 PROJECT #9130 GROUP DELTA CONSULTANTS 4455 MURPHY CANYON ROAD SUITE 100 SAN DIEGO, CALIFORNIA 92123 ATTENTION: MR. BILL DOBINS SUB JECT: 1636/1638 - 1646/1648 NEPTUNE AVENUE, LEUCADIA, CALIFORNIA STORM DRAIN REHABILITATION. REFERENCES3.P AND SPECIFICATIONS DATED AUGUST 14, 1991; LATEST REVISION AUGUST 19, 1991, BY GROUP DELTA CONSULTANTS, FOR THE CITY OF E 2.OUR PROPOSAL DATED SEPTEMBER 10, 1991. IN ACCORDANCE WITH YOURREQUEST. Pf'.O BREAKING OUT T HE A C,0F, T OF THE STORM DRAIN BOX AT THE THE ESTIMATED COSTS OF REMOVAL AND REPLACEMENT OF" 'f HE STORM DRAIN BOX, AS PER THF� ABOVE REFERENCE #1, is $7 00- IF 'YOU HAVE ANY QUESTIONS, PLEASE CO NOT HE:)ITAT TO 6ALL. V FRY TRULL�UR { S� j am' JAMES L, HENRY COPY: CITY OF ENCINi7AS, MR . HANS JENSON. "?3 LA C�(TF..$RAiJ * OLIVEN14AI.N. CA 92024 JIM HENRY CONST' *CTION9 INC. • Page -1 of 721 LA Q(.IEBRADA State Lic. 0 3 OLIVENHAIN, CA 92024 #496386 TELEPHONE: 619- 753 -603 Invoice No.: 9130 - To: MS. ARLENE MATTIOLI 16 6 -38 NEPTUNE AVENUE Date: FEBRUARY 18 1992 LEUCADIA, CALIFORNIA 92024 Attn: MS . MATT I OL I Project: STORM DRA I N REPA I R Location: 1636 - 38 NEPTUNE AVENUE LEUCADIA, CALIFORNIA 92024 Contract No.: P.O. No.: Billing for Servic as F L Hours Rat Date Descr iption _— – — cvy 1. CONSTRUCT CATCH BASIN AS PER PLANS - 2. MATERIALS - 120 L.F., 18" C.A.M.P. ' AND MISCELLANEOUS FITTINGS 3. REINFORCING STEEL W/EPDXY COATING - 4, TEMPORARY REPAIR ON LOWER END OF PIPE; 0 275.00 TIME AND MATERIALS - TOTAL - $11,034.97 TOTAL DUE - $11,034.97 THANK YOU - NCTICE an or r, subcortrac.pr borer supplier or other person oho help to r rove r property but is not paid for his wor scup r "Under the mechanics' lien law (C to^n�a Civil ! Code of vJ Procedure `_;ect on 1 1 81 Et ° a ] t Y c . that, after a c urt hearing your property cru d r s .d by a es, has a ryht t enforce a c s m r 3lrst Your cp °' y „ „ .r,� nrrv-.eeAs of the sale used to _o-_sry the uidabteCn�_s. : his can haCpen evcan if you t tire paid y - r ,,n ontractor n °_ . .F_ subcontractor lahorer _c ?c� er r_ EEP -12 - '91 91 THU 12: 1? IL: rPni_iP DELTA TEL t- 10:619 5'7^ c�c #982 P02 MATTIOLI RESIDENCE 163638 NEPTUNE AVENUE STORM DRAIN REPAIR ain lOB TWO WAYS ALTERNATIVE 1 A. CONSTRUCT NEW CURB INLET @ NEPTUNE AVENUE B, INSTALL 110 t FEET OF NEW 18 -INCH ALUMINU UPPORT14- GAUGE) ON SLOPE AND CONSTRUCT PIP BASE OF BLUFF. ALTERNATIVE 2 A. CONSTRUCT NEW CURB INLET @ NEPTUNE AVENUE B. CONSTRUCT PIPE SUPPORT @ BASE OF BLUFF AND INSTALL LOWER 20± FEET OF NEW 18 -INCH ALUMINUM CMP (14- GAUGE). TEL h•10: F_�1 _ ._� � =, G1G�r,g #982 P03 —. . SEP- 12—'91 THU 12:18 ID:GPOUP DELTR • 'll'11Cnr� O .oTVCHN[CA . CONTRA H . 'f: SE PTEMBER 100 1991 '" 10191 R,OJECT #9 i!��•� + GR u P DELTA CONSULTANTS 4455 MURPHY CANYON R O AD SUITE 100 V I+ $AN DIEOO, ALIFOR 92123 ATTENTION: MR, SILL pO g8 1NS Sup.. �, 1636/1638 - 1 646/1648 NEPTUNE AVENUE, LEUCADIA, CALIFORNIA STORM DRAIN REHABILITATION. P- NS AND SPEC I F I CATIONS DATED AUGUST 14, 1991: ATST REFI�ReNC 'REVISION AUGUST 1 9, 1991 BY GROUP D ELTA FOR TH E CITY'OF ENCINITAS. - QR0AAlE WITH YOUR REQUEST, WE ARE SUSMiTTINO THIS pROpOSAL FOR WORK A'. T` su9JECT PROJECT. GENERAL, THE WORK WILL .-BE DANE TERNATOIVESN1EANDT2 +TW(: Al�OVE IN AL REFERENCED PLANS AND SPECIFICATIONS, T WORK AS FOLLOWS: BASED ON THE ABOVE, WE ,P•ROPOSE TO 00 $25,888,00 ALTERNATIVE 1 TOTAL. COSTS • .� $2 1 : 1 74.00 ALTERNATIVE 2 - TOTAL COSTS F > c R PERMITS oft WE #V I LL NOT 9E RE5PO N4 'OR I NSPECT ION NOR S W �L WE BIM ENGINEERING. SURVEYING► , S I p4.r: FOR -UNOER4ROUN0 1JT I L I T I ES NOT St10WN ON THE PLANS Q RESPON OTHERWISE DISCLOSED TO US- qr '.DA • OLIVFNHAIN, CA 92024 TEL 0069 #962 P05 EEP -12` 91 THU 12:1' ID:GROUP DELTR • lr ,l Ne . iono A enuc • i•r �l�it.� �:,' "►Uf ':fir ",ic;� °7�C)24 r 7 `t'; 436•C.602 t• 1C. BALDWIN CONSTRUCTION CO. Genutol Engip'ieuring Cor iiuctors September 12, 1991 Group Delta Consultants, Inc. 4455 Murphy Canxon Road, Suite 100 San Diego, CA 9 123 RS: Mattioli Residence, 1636 Neptune Avenue, Storm Drain Repair G entlemen: We have prepared two estimates for the Mattioli residence storm drain repair project. The first estimate will include 'the coat of the new curb inlet @ Neptune Avenue and the installation of 110 feet of new 18 -inch aluminum CMP (14- Gauge) on slope and Construction of pipe support @ base of the bluff. The quote for alternative 2 is $29,680.00. The second alternative will include the cost of construction of the new curb inlet @ Neptune Avenue and construction of pipe support @ base of bluff and installation of lower 20 feet of new 18 -inch Aluminum CMP (14- gauge). The quote for alternative 2 is $24,320.00. If there are any questions please contact me at any time. ncerely, �..,... g Ja es C, Baldwin i uqa POE EEP- 12—'91 THI_I 12:20 ID:GPOI_IP DELTR TEL hlQ : b 1 � 5 ` • P.02 0 ilot FROM JOHN C. R FD CONSTRUCTION 7Q S73 ®�9E5 1 j c. Dead C - O N CAL, CONTRACTOR'! LICSHaS ayaa�ae &AcC 1 "7 t619) 45.� -�us�► 1115 r u, as�x ss 212,!!6 a�r4�iY pu�c�►nrE HL�'��. • DrL NVAFL C� LIP- e:o14 geptembex 11, 1991 GROUP DELTA CONSULTA 4435 Murphy Canyon, Site 100 Sari Diego 04 92123 Attention: Mr. Sill Dobbins' 1635/1638 Neptune Avenue, Leu C adia, g� MaGtioli Residence, California. Storm Drain Repair. Aa er your request we are submitting our proposal for work on the p above rrfsreriCad proj ect- Specifications Work will be p in accordavi ion Au9u t 19, 1991, by dated August 14, 1991, latest re Group Delta Consultants, Alte=rnatives 1 and 2. to d� the work as fallcws: he per the above, we would propose g34,s7o.o Alternative # 1 X28,225.0 Alternativo # z os�►1 the following; Permits Or We are nvt including in this p rop testing ar 3nspsction. wa fees for permits, engineering, surveying, will net be rasp onsible for � disclose which are not shown on the plans or that have Yours Tru1Y, N C. REAP CONSTRUC'T'ION CO. ahn C, Read AGREEMENT OF REIMBURSEMENT DRAINAGE FACILITY REPAIR WHEREAS, Ms. Arlene C. Mattioli (hereinafter "OWNER "), the owner of the property at 1638 Neptune Avenue, Encinitas, California 92024 (APN 254 - 040 -30) has caused plans to be prepared for the repair and replacement of drainage facilities on, in and across the property, said plans being filed with the City of Encinitas as 0001 -DR; and WHEREAS, the City of Encinitas (hereinafter "CITY ") has approved said plans dated August 14, 1991, and filed as 0001 -DR; and WHEREAS, the OWNER has provided a drainage easement to the CITY at the location of the proposed drainage facility; and WHEREAS, the City Council on October 23, 1991, authorized the City Manager to enter into an Agreement with the OWNER; THEREFORE, it is agreed that: 1. OWNER shall construct and repair the drainage facilities as detailed on 0001 -DR dated August 14, 1991, and 2. CITY shall issue a permit for the construction according to 0001 -DR without any fees to be paid by OWNER, and 3. When the construction and repair of the existing 18 -inch storm drain according to 0001 -DR has been completed to the satisfaction of the City Engineer, CITY will accept the storm drain into the City maintained system, and 4. Upon acceptance by CITY of the storm drain, CITY will pay to the OWNER an amount of $7,500.00 for the inlet $3,500.00 for Engineering Plus one -half of the cost of construction verified by invoices, with the payment for construction not to exceed $20,123.00. The entire cost to CITY will not be more than $31,123.00, not including inspection and other administration costs incurred by CITY. 5. Upon acceptance by CITY of the storm drain, the CITY will assume the responsibilities for the storm drain and the CITY 1 will have and Maintenance CITY under the e Agreement being concurrently execute Easement d by OWNER and CITY. _ n Ms. Arlene C. Mattioli, Owner Warren H. Shafer City Manager 2 10/23/91 Regular Council Meeting e STAFF RECOMMENDATION: Concur with Parks and Recreation Commission's recommendation to award contract as stated above. H. Approve Revisions to Workers compe own Protectio Income Protection Plan Policies Clarifying is Used When an Employee Management Wo Due Injury. Contact Person STAFF RECOMMENDATION: Approve revised policies P002 and P031 for inclusion in the City's Administrative Manual. ......,.. ::.::...... .;:;.:; :.:::.:::.,.:;..::: ;;;:::.: >;:<:::.::;; >,:.:,:.... >; .:; >:.:;: ,::.::; :.;;;..:.::: >..: oaf, ::: xece�.v+�s a� # rav s NQ'3.`�::;;:.;;;,A��.'��.�tl �.$erat��ns# G oux�c .: tors supp�et�.'�. :..:... ].:::;::.;;;:.;::::.: .:.::.;:;.;:..:...,..::....:; aflea;::: natet .:::::::.:::.:.:>;:;.;:: ::. >:;.;:,.;;:...;;;:.;; >;::... ;.::.; :.:.::.; >:.,....: o:.;;:is..7C.:;;:.;;; >;:::::. rt ,.:..;....::::<:. m a on... ter�..a .:.:. actors �an�acts��o�nc�.:shatzl�3 sn s�tate...before g. J. In itial Consideration of an Appeal of the Planning Commissions Decision to Uphold the Cardiff commun 22Advis Boards Approval of Design Review (91- 143DR) ellafo r Drive. Applicant: Thomas and Karen Sprink. APP Kennedy, Thompson, Schmidt and Repa. Contact Person: Community Development Director Murphy. STAFF RECOMMENDATION. • Affirm the decision standard height of Commission in upholding the Cardiff j`' CAB approval to ex ceed denying the appeal. K. Authorization to Enter into Reimbursement Agreement for Drainage Improvements at 1638/1646 Neptune Avenue; Mattioli. Contact Person: Interim City Engineer Holt. STAFF RECOMMENDATION: Authorization for City Manager to Execute Agreement for one -half of cost of repairing existing 18 inch storm drain, plus cost of inlet replacement, plus reasonable engineering, not to exceed $31,123.00 upon completion of the work and acceptance into City maintained storm drain system. 5. ITEMS REMOVED FROM THE CONSENT CALENDAR By THE PUBLIC None. 6. ORAL COMMUNICATIONS (15 MINUTESL Betsy Schreiber, inquired about the policy regarding the use of City vehicles. The City Manager was directed to provide her with information on the policy. Page 3 MTG #91- ,BK#5,PAGE 10/23/91 Regular Mtg g CITY OF ENCINITAS AGENDA REPORT Meeting Date: October 23, 1991 TO: Warren H. Shafer, City Manager FROM: Lloyd Holt, City Engineer DATE: October 17, 1991 SUBJECT: Authorization to enter into Reimbursement Agreement for Drainage Improvements at 1638/1646 Neptune Avenue. BACKGROUND: On September 6, 1989 the City Council authorized the City Manager to execute a reimbursement agreement with the property owners of 1638/1646 Neptune Avenue for reimbursement of one -half the cost of repairing the existing 18 inch storm drain, not to exceed $9,840.0 upon completion of the ttachment A) eptance into the City maintained storm drain system. DISCUSSION• Subsequent to the action of September 6, 1989, the property owner has pursued the project, and the status at this time is that oyal the plans have been approved by staff, and await final app by California Coastal Commission. In the process of obtaining Coastal Commission approval, additional costs have been added to the plans, such that today the low acceptable bid for performing the work is in the amount of $47,740. (Attachment B) The property have the will be maintained and when the wor by the City. Funds are available for such purposes in the Drainage Improvement Fee account. It can be expected that this solution for old deteriorated or failed drains from Neptune Avenue to the beach will be requested at approximately four locations in the future. The only changes from the case heard on September 6, 1989 has been changes to the design to increase the capacity of the inlet at Neptune, and increased pipe replacement, required to produce a long lasting facility than addition f the inlet replacement is properly a maintenance. The ar2354 City requirement, and the reimbursement should include the full cost of the inlet, this cost being $ In the process of producing the plans, several avenues were pursued and efforts directed towards solutions to obtain approval from the Coastal Commission. Since the initial proposal provided for the reimbursement of one -half of the construction cost and the engineering cost, it is estimated that a cost of $3,500.00 should be added to the reimbursement amount, to cover the engineering necessary for the production of the final plans. Documentation of engineering cost allocation has been vague and the amount quoted above is a fair estimate for the basic services. RECOMMENDATION: Staff recommends that City Council authorize the City Manager to execute a reimbursement agreement with the property owners of of the cost 1638/1646 Neptune Avenue for reimbursement of one-half the cost of the of repairing the existing 18 inch storm drain, p not to exceed inlet replacement, plus reasonable engineering, $31,123.00 upon completion of the work and acceptance into the City maintained storm drain system. ar2354 Ell r Y� ATTACHMENT "A" --as CITY OF ENCINITA AGENDA REPORT Aft Meeting Date: September 6, 1989 TO: Warren H. Shafer, City Manager FROM: ���� Robert A• Warren, City Engineer f Public Works Morton F. August, Director o VIA: _ A 30, 1989 DATE: Aug Agreement for Reimbursement SUBJECT: Authorization tOmentsratn163, /1646 tleptuneAvenue Drainage Improve EACR -- GROIIND: Frcn an Arlene Mattioli letter Council received roblems she was having with an In July 1988 City regarding P The letter is of 1638 Neptune Avenue r a how property. an 18 inch existing drain adjacent to estion i5 „ storm ,� The s torm drain in Exhibit A to down corrugated metal pipe that connects two catch basins on Nep tune and attached as the coastal bluff and The drain was constructed sometime prior runs betwee drain picks outlets onto the n 1638 and 1646 Neptune ro erty, The reach. ear to be to 1971 when the purchased doe n a public ot f street but it prope - t water off he city app publ easement across the P5= e -51the t S . drain as there is no P was deteriorating ade quately and ,.hat it above # ' r Mrs. Mattiolis stated in their letter that during heavy is function drain did not xposed to the weather (most of the pip from being ground). inspecting the the July 1988 letter by ed on the City staff responded to cleaning the Pipe drain and recommending that it be cleared determined from fUl inside to determ and videotaped It was also ine its condition. While taping and extericr in video tap replied th t o p ipe significant obstructions were removed. both interior vi City was significantly deteryorated 1988 which summarized the work performed and made rccommendations for Mattiolis with a letter dated October 1 inspection and clearing B. further repair work. This letter is attached as Exhibit 11 items within the reed to perform certain maintenaleted. in addition, City sta�f ag and these have been ccmp F th erform certain on -site work street right -of -wa staff recommended that e Mattiolis P Once the L the necessary pipe would pay half the repair cost. the and obtain a minimum of three quotes .to Pe- repair repairs and that City would assume maintenance °anted repairs facility, provided easements for a were completed City public storm drain were g- TS /03/CM11-1750wp5 (8 -30 -89-2) { S K a _ In Ci by the Matti.olis and the adjacent property owner at 1646 to Y Neptune. the the necessary work were solicited by Four bids to perfozm The low bid was by Mattiolis- These are attached for $1 9 , 680C11• J. C. Baldwin Construc.cion CO. t Council dated August 23, 19e9 and attached as In a letter to C4 �• a repair. t City Council allocate $9, Exhibit "D" Mrs. Mattioli summarizes840h�ow?ard the pipe and requests tha DISC_ US6ION• drain itself as well as the info rmasion Review of the storm would indicate that the facility supplied by Mrs. Matt ioli public Works staff feels that even re pairs. on Neptune down immedia need of re P c the ric- ht- of -waY t1lough the drain frri�ate facility, it carries water from a public is a P to the beach to accept it streak and ther ` if e it is uimprovedp and l easements 1 are offered to for main allow maintenance access. contribute to the cost suc The app mechanism to allow City to would require of improvement is via a reiproopertyno n_rs s and • h an agreement City two adjacent p C].t and Coastal between the the property owners to obtain the requicause the work to be to perform the work, �h Commission permits eti ion City Council to accept e completed, and upon completion P . drain into the publicly maintained system t the facility and reimburse the adj acent would accept City, in turn, airs, not to exceed Mrs. Ma insure that the property owners one -half. the cost of the re $9, 840. The four bids s_.L.L -ted b et ,5 price. work would be performed for a comp Various Drainage Improvements" for this as Improvements" 000 in the 1989-1990 Financial Plan ��$10 City Council has set under work project P ;.ype of wo rk. Thus the funds are available. and submitted an inform M as Exhibit hibit rs. YattiOl: hn, prepared for City Council review. It is attaches to his rep ort RECOPSMENDATION: Manager to Staff recommends that City Council authorize the City o wners of execute a reimbursement agreement with the property storm drain, not to t heexistirgfl8 inch the cost of repairing ursement of one- 1636/38 and 1646/48 Ne 840. upon completion of the work and acc exceed $9 eptance into City , maintained storm drain sy stem. x' J TS/02/C!1II- 1750wp5 (8-30 -89 -3) ATTACHMENT B 1638 NEPTUNE AVENUE CONSTRUCTION ESTIMATES 30- Sep - 91 ALTERNATE 1 NEW PIPE FROM INLET CONTRACTOR NEW PIPE, INLET INSITUFORM TOTAL JIM HENRY $18,3.88.00 $7,50 00 $2,1858. $47,746.00 JIM BALDWIN $29,680.00 $21,85 $51,538.00 JOHN READ $34,870.00 $21,858.00 $56,728.00 ALTERNATE 2 INSITUFORM LINED PIPES, INLET CONTRACTOR LINED PIPE, INLET INSITUFORM TOTAL JIM HENRY $21,178.00 $33,000.00 $54,178.00 JIM BALDWIN $24,320.00 $33,000.00 $57,320.00 JOHN READ $28,225.00 $33,000.00 $61,225.00 Calculation: New pipe $18,388.00 Insituform 21.858.00 Sub -total $40,246.00 1/2 Sub -total 20,123.00 cost of inlet $ 7,500.00 Cost of Engineering 3 500.00 Total $31,123.00 ar2354 CITY OF ENCINITAS AGENDA REPORT Meeting Date: September 6, 1989 TO: ++ Warren H. Shafer, City Manager FROM: NNW ll Robert A. Warren, City Engineer VIA: Morton F. August, Director of Public Works DATE: August 30, 1989 SUBJECT: DrainageaImprovementsratn1638 /1646rNeptuneAgreement for Avenue BACKGROUND: In July 1988 City Council received a letter from an Arlene Mattioli of 1638 Neptune Avenue regarding problems she was having with an existing storm drain adjacent to her property. The letter is attached as Exhibit "A ". The storm drain in question is an 18 inch corrugated metal pipe that connects two catch basins on Neptune and runs between 1638 and 1646 Neptune down the coastal bluff and outlets onto the beach. The drain was constructed sometime prior to 1971 when the Mattiolis purchased the property. The drain picks up water off the city street but it does not appear to be a public storm drain as there is no public easement across the properties. Mrs. Mattiolis stated in their letter that during heavy storms the drain did not function adequately and that it was deteriorating ating from being exposed to the weather (most of the pip e ground) . City staff responded to the July 1988 letter by inspecting the drain and recommending that it be cleared out and videotaped on the inside to determine its condition. While cleaning the pipe significant obstructions were removed. It was also determined from both interior video taping and exterior inspection that the pipe was significantly deteriorated. City staff replied to the Mattiolis with a letter dated October 14, 1988 which summarized the inspection and clearing work performed and made recommendations for further repair work. This letter is attached as Exhibit "B ". City staff agreed to perform certain maintenance items within the street right -of - way, and these have been completed. In addition, staff recommended that the Mattiolis perform certain on -site work and obtain a minimum of three quotes to perform the necessary pipe repairs and that City would pay half the repair cost. Once the repairs were completed City would assume maintenance of the facility, provided easements for a public storm drain were granted TS /03/CM11- 1750wp5 (8- 30 -89 -2) to City by the Mattiolis and the adjacent property owner at 1646 Neptune. Four bids to perform the necessary work were solicited by the Mattiolis. These are attached as Exhibit "C ". The low bid was by J. C. Baldwin Construction Co. for $19,680. In a letter to City Council dated August 23, 1989 and attached as Exhibit "D" Mrs. Mattioli summarizes the events to date and requests that City Council allocate $9,840 toward the pipe repair. DISCUSSION Review of the storm drain itself as well as the information supplied by Mrs. Mattioli would indicate that the facility is in immediate need of repairs. Public Works staff feels that even though the drain from the edge of the right -of -way on Neptune down to the beach is a private facility, it carries water from a public street and therefore it would be appropriate for City to accept it for maintenance if it is improved and easements are offered to allow maintenance access. The appropriate mechanism to allow City to contribute to the cost of improvement is via a reimbursement agreement. Such an agreement between the two adjacent property owners and City would require the property owners to obtain the required City and Coastal Commission permits to perform the work, cause the work to be completed, and upon completion petition City Council to accept the drain into the publicly maintained system. City, in turn, would accept the facility and reimburse the adjacent property owners one -half the cost of the repairs, not to exceed $9,840. The four bids solicited by Mrs. Mattioli insure that the work would be performed for a competitive price. City Council has set aside $100,000 in the 1989 -1990 Financial Plan under work project PW069 "Various Drainage Improvements" for this type of work. Thus the funds are available. RECOMMENDATION Staff recommends that City Council authorize the City Manager to execute a reimbursement agreement with the property owners of 1636/38 and 1646/48 Neptune Avenue for reimbursement of one -half the cost of repairing the existing 18 inch storm drain, not to exceed $9,840. upon completion of the work and acceptance into City maintained storm drain system. L N rs . tA.11 .' . I = `'. o r� �.o.s Q ^ aeore� c... 4A TS /03/CM11- 1750wp (8- 30 -89 -2) ') CITY OF ENCINITAS 7CITYCLERX'S �UNCIL AGENDA ITEM REQUES : TO: CITY MANAGER FROM: RE: FOR MEETING DATE: 6 Staff Preparing Repo --4... Consent Agenda [ ] New Business AGENDA TITLE: ITEMS: — k A— C,. k,5 o. RECOMMENDED /REQUESTED ACTION: AQ� N.B. THIS AGENDA REQUEST FORS MUST BE IN C INGETZ'S OFFICE SY 9 A.M. ON THE MONDAY, 10 DAYS PRIOR TO THE WEDNESDAY ALL AGENDA PACKET MATERIALS MUST BE IN AYECITYCOUNCILSMOFFICE BY 1 P.M- THURSDAY PRIOR TO THE FOLLOWING APPROVALS /REVIEWS: Public Worker ( � City Manager ( ] Dir. Adm. Service [ community Services ( ] Community Develop. Other ( � i termtool . , 1� '_I1 Lt(IM ' pUTFALL SUPPORT STRUCTURE STORM DRAIN REHABILITATION 1638 NEPTUNE AVENUE ' LEUCADIA, CALIFORNIA Prepared for ' Ms. Arlene Mattioli Project No. 1316 -ECOl April 24, 1991 1 GROUP DELTA CONSULTANTS, INC. ' GROUP DELTA CONSULTANTS, INC. Engineers and Geologists ' Walter F. Crampton 4455 Murphy Canyon Road, Suite 100 Barry R. Bevier San Diego, CA 92123 Phillip C. Birkhahn Tel (619) 573 -1777 Fax (619) 573 -0069 ' Braven R. Smillie Project No. 1316 -ECO1 April 24, 1991 Ms. Arlene Mattioli 1636 -38 Neptune Avenue Encinitas, California 92024 OUTFALL SUPPORT STRUCTURE STORM DRAIN REHABILITATION ' 1638 NEPTUNE AVENUE LEUCADIA, CALIFORNIA Dear Ms. Mattioli, In accordance with your request, we are issuing the accompanying ' report to respond to the California Coastal Commission's request for additional information to aid them in considering your application for a Coastal Development Permit (CDP) (Application No. ' 6 -89 -319) to repair the storm drain pipe along your northerly property boundary. This report is intended to specifically address questions raised by the Coastal Commission in their letter dated ' September 26, 1990, and in subsequent discussions with Coastal Staff during a meeting on December 6, 1990, regarding support for the storm drain outfall. ' We appreciate the opportunity to be of service and trust this information meets your present needs. If you have any questions or ' require additional information, please give us a call. Very truly yours, ' Walt r F. rampton, R.C.E. 23792 R.G.E. 245 for GROUP DELTA CONSULTANTS, INC. ' WFC /jc (4) Addressee (1) Mr. Paul Webb, California Coastal Commission (1) Mr. Charles Marvin, Marvin & Moore City of Encinitas (1) Mr. Hans Jensen, , ' Ms. Arlene Mattioli April 24, 1991 Project No. 1316 -ECO1 1 TABLE OF CONTENTS PAGE NO. .SECTION ' 1 INTRODUCTION . . . . . . . . . • • • . ' 2 EXISTING SITE CONDITIONS . . . . . . . . . . . 3 GEOLOGIC CONDITIONS AND COASTAL BLUFF EROSION 3 4 . 3.1 Geologic Units . . . • • • • ' ' ' ' 5 ' 3.2 Coastal Erosion 6 4 NEARSHORE BATHYMETRY . . . ' TIDES, WINDS, AND WAVES . . . . . . . . . . . . . . . . 7 6 COASTAL PROCESSES . . . . . . . . . . . . . ' UPLAND DRAINAGE . . . . . . . . . . . . . . . . . . . . 9 8 NECESSARY DRAINAGE IMPROVEMENTS . . . . . . . . . . 12 ' LOWER STORM DRAIN SUPPORT . . . . . . . . . . . . . . 13 FIGURE 1 - SITE PLAN ' FIGURE 2 - GEOLOGIC MAP FIGURE 3 - LITHOFACIES MAP ' FIGURE 4 - UPLAND WATERSHED MAP FIGURE 5 - MATTIOLI PLOT MAP ' - APPENDIX A REFEREN CES APPENDIX B - CITY OF ENCINITAS' LETTER OF OCTOBER 14, 1988 GROUP DELTA CONSULTANTS, INC. April 24, 1991 Ms. Arlene Mattioli Page 1 Project No. 1316 -ECOl ' OUTFALL SUPPORT STRUCTURE STORM DRAIN REHABILITATION 1638 NEPTUNE AVENUE LEUCADIA, CALIFORNIA ' 1 INTRODUCTION ' The subject site is located on the west side of Neptune Avenue, in the community of Leucadia in Northern Encinitas, California. The site is bounded on the west by a coastal bluff overlooking the Pacific Ocean, and on the south, east and north by similar residential development. A storm drain parallels the northerly property line servicing the adjacent watershed, ultimately ' discharging down the coastal bluff to the beach some 70 feet below. Past storm activity has damaged the lower portion of the storm drain, and attempts have been made to get the City of Encinitas to repair the lower portion of the pipe. Concern also exists regarding the capacity of the inlet, and the homeowner has asked the City to assist in mitigating the existing flooding problems. As we understand, the homeowner, Mrs. Mattioli, has also attempted to obtain approval of proposed repairs from the California Coastal ' Commission and the Commission has requested additional information to aid them in considering the application for a Coastal ' Development Permit (CDP) (Application No. 6 -89 -319) to repair the storm drain pipe along the northerly property boundary. This report is intended to specifically address questions raised by the ' Coastal Commission in their letter dated September 26, 1990, and in subsequent discussions with Coastal Staff during a meeting on December 6, 1990, regarding support for the storm drain outfall. On September 5, 1990, we met at the site with Messrs. James 1 Baldwin, Charles Marvin, and your son, David, to discuss rehabilitation of the storm drain. In summary, it was our conclusion that the pipe should be re -lined to provide a contiguous GROUP DELTA CONSULTANTS, INC. 1 April 24, 1991 Ms. Arlene Mattioli Page 2 ' Project No. 1316 -EC01 structural repair, and that the badly eroded lower 20± feet of the pipe should be replaced, and the entire lower portion cast into a ' concrete foundation supported on the underlying bedrock. The inlet in the street was also considered to likely be inadequate, given ' the relatively large tributary watershed. Our field investigative work was during the evaluation ' between September 1990 and Marc , 99 of the project, we have performed an engineering survey of the Mattioli property, prepared a topographic map, reviewed the upland ' drainage and hydraulic capacity of the storm drainage system, performed a geologic reconnaissance reviewed e pertinent geologic maps ' general area surrounding the site, and literature, and reviewed available reports and other documents describing the coastal conditions rentlaf1S1riArmy ' Considerable information is currently available from the U Corps of Engineers' Coast of California Storm and Tidal Waves Study. A list of the documents reviewed is included in Appendix A, ' References. ' 2 EXISTING SITE CONDITIONS The subject site is located on a coastal bluff overlooking the Pacific Ocean at an elevation of approximately 70 feet above mean sea level, adjacent to a topographic low on Neptune Avenue, where ' surface water from the local urban watershed drains into a curb inlet and associated catch basin. The subject 18 -inch corrugated metal pipe (CMP) conveys drainage underground, at an approximate 9 percent gradient, from the catch basin to a grated inlet located partly atedin a back patio walkway. Below the back patio, the pip e exposed, and extends down to the base of the bluff at a gradient approaching 50 percent. The pipe terminates as a cantilevered structure, extending out past the face of the bluff, with the ' outlet invert elevation near +12 feet (MSL datum). The downslope 20 -foot section of CMP is badly rusted, and in critical need of repair. During the January 16 - 18, 1988 storm, the lower 20 -foot ' section of pipe collapsed, and the Applicant shored up the pipe ' GROUP DELTA CONSULTANTS, INC. ' Ms. Arlene Mattioli April 24, 1991 Project No. 1316 -ECOl Page 3 with a vertical 4x4 wooden post and a horizontal 2x4 brace, secured ' to the adjacent wooden stairway. Existing improvements at the base of the bluff include an existing ' stepped concrete wall and slab of unknown origin or design, which, in part, provides vertical support for the wooden stairway, which ' descends down the bluff to a wooden landing near elevation 17.2 feet, supported on the concrete structure, and a lower stairway extending down to the concrete slab near elevation 9.9 feet. The ' stepped concrete wall is approximately 8 feet by 37 feet in plan dimension, and provides protection from coastal erosion, and support for the lower landing for the existing private wooden stairway descending the coastal bluff. The concrete slab appears to be supported at it's seaward edge by a concrete stemwall embedded an undetermined distance into the underlying bedrock ' materials and, at it's landward edge, has an approximately 3 -foot 4 -inch (3 upper wall which provides some support for the lower ' near - vertical sea cliff in this area. We have no information regarding the design of this structure, or its adequacy in safely sustaining major coastal storms. Figure 1, the Site Plan, shows the approximate relative locations of the adjacent residential structures along Neptune Avenue at the ' top of the bluff, the storm drain and wooden stairway which parallel the northerly site boundary, and the existing concrete ' wall and slab at beach level. ' 3 GEOLOGIC CONDITIONS AND COASTAL BLUFF EROSION The coastal bluff profile at Leucadia, like that of most San Diego ' area coastal bluffs, results from the effects of marine erosion on a steep erosion - resistant geologic unit, forming the sea cliff at ' the base of the coastal bluff (Eocene -age Scripps, Ardath, and /or Torrey Formations) , and subareal erosion of a more gently inclined, less resistant geologic unit which makes up the upper portion of ' the coastal bluff (late Quaternary -age Bay Point Formation). GROUP DELTA CONSULTANTS, INC. ' Ms. Arlene Mattioli April 24, 1991 Project No. 1316 -ECOl Page 4 3.1 Geologic Units The following is a brief description of the lithologic and soil characteristics of the geologic formations (ascending in age) in ' the general site area: Bay Point Formation (Obp) - The Bay Point Formation (approximately 120,000 years old) was deposited on an ancient wave -cut platform, eroded during the last interglacial period ' when the worldwide sea level was higher. The bluff- forming section of the Bay Point Formation is comprised predominantly of locally derived nearshore marine sands, with a distinct ' basal gravel layer which forms the boundary with the underlying Tertiary -age sediments. This weakly to moderately indurated unit stands at slopes varying from vertical to about 30 degrees (from the horizontal). ' Scripps Formation (Tsc) and Ardath Formation (Ta) - The Scripps and Ardath Formations, which form the lower vertical sea cliff portion of the coastal bluff in the site area, make ' up two - thirds of the La Jolla Group of middle Eocene age lagoonal sandstones and mudstones (approximately 40 to 50 million years old). The third member, the Torrey Formation, is exposed approximately 1 mile downcoast in the sea bluff. The Scripps Formation, which forms the upper section of the ' vertical cliff in the site area, is a very dense, very light gray to tan, massive silty sandstone. The Ardath Formation, which forms the lower cliff and is exposed in the nearshore ' platform, is composed predominantly of dark olive -gray, fine sands and finely laminated siltstones and claystones. Wave action has cut caves into the Ardath Formation soils at the ' base of the cliff. Figure Nos. 2 and 3, taken from "On the Manner of Deposition of the Eocene Strata in Northern San Diego County," San Diego Association of Geologists Guide Book dated April 13, 1985, edited by Patrick L. Abbott, present the general geologic, structural, and depositional relationships ' in the Leucadia coastal area. ' GROUP DELTA CONSULTANTS, INC. 1 ' Ms. Arlene Mattioli April 24, 1991 Project No. 1316 -ECOl Page 5 3.2 Coastal Erosion 1 In the absence of structural discontinuities (joints, faults, or 1 fractures) or depositional anomalies (distinct changes in rock composition), the steep lower sea cliff will tend to retreat at a relatively uniform rate along a broad linear front. Retreat of the 1 upper bluff is more episodic than that of the lower sea cliff. If the subsurface erosion process of the upper bluff could be isolated, it would independently proceed to completion, or to an 1 asymptotic rate. For example, slope decline in the Bay Point Formation, which makes up the upper bluff, would, over time, produce a slope somewhat flatter than the angle of repose. In ' reality, though, continued marine erosion of the lower sea cliff will tend to undermine the upper bluff until a slope failure and /or ' rapid erosion occurs, resulting in the episodic retreat of the upper bluff. 1 As described above, lower sea cliff erosion (the controlling component process) tends to produce a remarkably linear coastline in the absence of structural discontinuities or depositional ' anomalies. Structural discontinuities, such as joints and fractures, serve as conduits for wave energy, thus resulting in accelerated erosion of coves and sea caves. Depositional features, such as facies changes and filled channels, often result in abrupt changes in the composition of coastal bluff rocks. Like structural ' discontinuities, these anomalous depositional features can also result in extreme differential erosion rates and coastline irregularities. As can be seen on Figure 2, fault exposures are abundant along the Leucadia coastline; however, there are relatively few faults of ' significance exposed in the coastal bluffs in the general area of the subject site. As described in the 1985 SDAG Bulletin on Eocene ' geology in Northern San Diego County, these faults, which generally strike north -south to north -20 degrees -east and dip steeply to the east, are associated with ancestral tidal channels incised into the underlying Ardath Formation and filled with sands from the overlying Scripps Formation. Such is the case with the mapped fault and filled channel indicated with a No. 5 on Figure 3. The GROUP DELTA CONSULTANTS, INC. ' Ms. Arlene Mattioli April 24, 1991 Project No. 1316 -ECOl Page 6 exposure of this approximately 5 -foot wide mapped fault zone is some 300± feet upcoast from the subject storm drain outfall. A fault /filled - channel feature, similar to that described above, ' was mapped by our firm immediately underlying the subject storm drain outfall. This structural /depositional feature appears to have been overlooked because it is partially covered by ice plant, ' and by the concrete which fills a small sea cave. The cave had been eroded into the zone of weakness created by the fault. This fault appears to be geomorphically associated with a partially cemented, erosion - resistant sand filled channel, later exposed by bluff retreat to form a small headland or promontory. The joints within the fault zone, serving as conduits for wave energy, have resulted in erosion of the small sea cave in the area of the storm drain outfall. Although the sea cave has been filled with ' concrete, the jointing within, and surrounding, the filled cave remains exposed to wave attack, thus creating the potential for ' future localized accelerated erosion in the area of the outfall. ' 4 NEARSHORE BATHYMETRY At the time of our September 5, 1990, site visit, virtually the ' entire beach fronting the site had been denuded of sand, and only limited zones of shingle existed on the beach. Bedrock was exposed ' at the base of the existing stepped wall, typically 3± feet below the concrete slab, or near elevation +7 feet (MSL datum) . Rounded boulders from 1 to 22 feet in size fronted the existing wall for a ' distance of 20± feet and, seaward, a sloping bedrock surface was generally visible out to the surf zone. Nearshore bathymetric surveys performed as a part of the Coast of California Storm and ' Tidal Waves Study (CCSTWS 85 -3) from November 1983 through February 1985 report bedrock locally exposed throughout the study area, predominantly in 1984 and 1985. The nearshore bathymetric survey further indicated a relatively uniform foreshore slope of 1 in 50 (out to the -10 meter contour) for a distance of approximately 500 meters. We have also reviewed bathymetric charts prepared by NOS showing the sea floor topography off the coastline, which indicate ' GROUP DELTA CONSULTANTS, INC. ' Ms. Arlene Mattioli April 24, 1991 Project No. 1316 -ECOl Page 7 a similar foreshore slope extending to the -60 foot contour about ' 1/2 -mile offshore. By January 1991, a relatively extensive shingle beach had returned ' to the site vicinity, with the gravel berm up to near elevation +10 feet, obscuring the nearshore bedrock generally shoreward of the ' surf line. A thin veneer of sand locally covered the bedrock along the seaward margin of the shingle beach. 5 TIDES, WINDS, AND WAVES ' Tides in the study area vary over a 9 -foot range; the highest tide is approximately 4.4 feet above mean sea level, and the lowest tide is approximately -4.6 feet MSLD. The winds are primarily from the west (toward the shore) ; wind ' velocities average 5 to 10 mph throughout the year. Storms moving in from the Pacific Ocean occasionally bring somewhat stronger winds, but the duration is relatively short. Tropical cyclones ' from the south reach the area on rare occasions. Wave energy approaching the southern California coastline has been relatively benign during the first 80 years of the 20th Century (Seymour, et al, 1984). Extreme deep -water wave episodes exceeding 6 meters were only reported on 8 occasions during the period 1900 to 1979, while the period from February 1980 through February 1984 experienced a total of 10 storm events with deep -water waves ' exceeding 6 meters. The storm of January 17, 1988, produced the highest measured deep -water waves of record approaching the southern California coast since deployment of deep -water wave ' gauges by Scripps Institution of Oceanography, with 11 - 11.6 meter significant wave heights recorded at the Begg Rock Buoy. ' Continued coastal erosion, in part accelerated by more energetic wave activity during,the last 10 years, has subjected the subject ' site to a progressively more severe wave environment than that experienced since development on the coastal bluffs began. Moreover, the recent loss of the protective sand beach has resulted GROUP DELTA CONSULTANTS, INC. ' Ms. Arlene Mattioli April 24, 1991 Project No. 1316 -ECOl Page 8 in considerable additional wave energy impacting directly on the lower coastal cliffs, thereby increasing the rate of marine erosion. 6 COASTAL PROCESSES During periods of high surf, the bluffs along this portion of the coastline are subjected to direct wave impact, and a progressive ' weathering that continually weakens and abrades the surface of the cliff, thereby causing progressive erosion. Mechanical wave erosion occurs in discreet steps, generally in response to storm ' surf impacting the coastline. In the past, when a sand beach was present, this protective buffer caused waves to break further ' offshore, precluding direct wave impact on the lower coastal cliffs. The presence of sand also protects the underlying formational soils from the abrasive action that occurs within the ' surf zone. This is especially true when gravels, cobbles, or other resistant objects are present and moved about within the surf zone. The shoreline movement investigations report from Portuguese Point to the Mexican Border (CCSTWS 87 -10) indicated that, during the 130 -year study period from 1852 to 1982, very little coastal ' erosion was noted within the Leucadia area. In recent years, increased wave activity, combined with more ' pervasive sand loss, has subjected the coastal bluffs to more accelerated marine erosion which will ultimately adversely affect the stability of the upper bluffs. Although the lower sea cliff is relatively massive within the study area and marine erosion still appears to be progressing at a relatively slow rate, in areas where the lower sea cliff is badly fractured, accelerated marine erosion ' is apparent. ' In the vicinity of the subject storm drain (see Figure 1) , the mapped northeast - southwest trending fault has resulted in a 10 ±- foot -wide zone of badly fractured material, which likely ' encouraged the growth of a sea cave which has since been filled in with concrete. The concrete infill is located immediately ' northerly of the existing stepped seawall, and both were likely GROUP DELTA CONSULTANTS, INC. Ms. Arlene Mattioli April 24, 1991 Project No. 1316 -ECOl Page 9 constructed to retard accelerated marine erosion that was occurring ' within the vicinity of this geologic anomaly. The subject storm drain extends beyond the coastal bluff at the ' exact location of the aforementioned fault and the associated fractured zone of bedrock. The corrugated metal pipe has ' deteriorated to the point where the majority of the invert is perforated, allowing considerable seepage out the base of the pipe, creating an artificial water source which frequently flows over the top of the bluff at the pipe invert, resulting in a nearly - saturated slope in the vicinity of the already fractured rock, further increasing the potential for accelerated localized coastal ' erosion in the vicinity of the storm drain. ' 7 UPLAND DRAINAGE ' The watershed upland of the subject site comprises approximately 8 acres of residential development easterly of Neptune Avenue, extending up to the terrace ridge generally 250± feet to the east. ' A portion of the County of San Diego's 1 -inch equals 200 -feet Topographic Survey, Sheet No. 330 -1671, has been reproduced herein as Figure 4, with the orthophoto image prepared from photography ' dated September 17, 1975. The approximate limits of the upland watershed have been delineated on the topographic map. Runoff from ' all lots fronting Neptune Avenue flow directly onto Neptune Avenue, and then to the topographic low in front of the subject residence as` gutter flow at gradients ranging from 1 to 2 percent. The ' portion of runoff from residences fronting Grandview and Avocado that drain to these streets flow down to Neptune Avenue as gutter flow, with gradients approaching 17 percent. The time of ' concentration for the watershed is on the order of 5 minutes, making it highly susceptible to short - duration, high- intensity ' rainfall. Watershed drainage is controlled by a 4- foot -wide curb inlet ' generally centered along the northerly property line of the subject residence. The height of the inlet is approximately 0.53 feet, and the local depression [in the gutter) is slightly less than 0.2 ' GROUP DELTA CONSULTANTS, INC. 1 ' Ms. Arlene Mattioli April 24, 1991 Project No. 1316 -ECOl Page 10 1 feet. Although the curb height above the gutter depression is 0.79 ' feet, the adjacent driveway on the subject property crests at a height of 0.68 feet above the depressed gutter flow line elevation, or 0.5 feet above the gutter elevation fronting the driveway (the ' driveway crest has recently been reconstructed to 0.50 feet above the adjacent gutter elevation, with both driveway crest and gutter ' sloping to the north at approximately 1 percent; previously, the driveway crest was somewhat lower with a small concrete berm or "speed bump" to aid in controlling the overflow of gutter flow). Thus, gutter flow depths deeper than 1/2 foot cause flooding of the subject property, the majority of which cascades down the northerly walkway and eventually over the coastal bluff. ' In discussions with Mrs. Mattioli, we understand that the storm drain was installed around 1969, and increased development within ' the upland watershed has resulted in progressively more severe flooding over the years. In response to a letter to the Encinitas ' City Council in July 1988, Public Works Department Staff investigated the situation, and reported their findings and recommendations in a letter dated October 14, 1988, describing the ' general deterioration of the pipeline, and their suggested recommendations for rehabilitation. A copy of this letter is included in Appendix B. Public Works Staff subsequently replaced ' the solid manhole cover with a grated cover, in order to increase the inlet capacity of the catch basin (Recommendation No. 4 of the ' October 14, 1988 letter). In reviewing the capacity of the storm drain system, the inlet was ' judged to have a capacity of 4 cfs prior to cresting the adjacent driveway (assuming 6- inch -deep gutter flow) without the grated cover, and 6 cfs with the grated cover. The storm drain itself ' consists of 18 -inch corrugated metal pipe (CMP), with a 92 -foot- long run from the inlet to the break in slope at an approximate ' gradient of 9 percent, and a 115 -foot section of pipe extending down the coastal bluff at a gradient of approximately 50 percent. Flow capacity within the pipe itself is approximately 18 cfs with ' the pipe flowing full (flow capacity with a 0.25- inch -thick Insituform liner would be approximately 42 cfs]. ' GROUP DELTA CONSULTANTS, INC. ' Ms. Arlene Mattioli April 24, 1991 Project No. 1316 -ECOl Page 11 In reviewing the watershed characteristics, Mrs. Mattioli provided ' us with a plot map showing the development within the watershed since 1971, a copy of which has been reproduced herein as Figure 5. A comparison was made between the 1971 watershed characteristics and those that exist today with all of the lots now developed. We have used the intensity- duration - frequency curves published in the ' 1975 Edition of the County of San Diego Hydrology Manual in lieu of the isohyetal maps published in the October 1985 Edition of the County of San Diego - Design and Procedure Manual to calculate the design discharge for the 1 -year, 2 -year, 5 -year, 10 -year, 50 -year and 100 -year rainfall, as tabulated below. Return Pre -1971 Existing Period Design Conditions ' Discharge Design (cfs) Discharge (cfs) 1 Year 3 6 t 2 Year 4 7 5 Year 5 9 ' 10 Year 7 11 50 Year 9 16 ' 100 Year 10 17 ' Clearly, the design discharge generated from the watershed tributary to the subject storm drain inlet is substantially in excess of the inlet capacity, even for relatively frequent storms for either the existing conditions or at the time of the original installation. Most agencies, including the County of San Diego, ' typically require that storm drains be sized to accommodate the 10- year storm, allowing the less frequent storms to occupy the street and essentially continue downgradient as overland flow. However, ' a general requisite to this design criteria is that principal structures not be inundated during a 100 -year design storm. Although we know of no defined criteria precluding discharge over coastal bluffs, we believe that prudent engineering design would also dictate that discharge over coastal bluffs from inland ' flooding should likewise be limited to a return period on the order GROUP DELTA CONSULTANTS, INC. ' Ms. Arlene Mattioli April 24, 1991 Project No. 1316 -ECOl Page 12 of 100 years. Both of these design criteria would dictate the need ' for necessary drainage improvements associated with the existing storm drain inlet. 8 NECESSARY DRAINAGE IMPROVEMENTS ' The existing 18 -inch CMP storm drain is of adequate size to accommodate all reasonable design discharges generated within the ' upland watershed. However, the existing curb inlet is severely undersized for the existing watershed. Moreover, in view of the fact that this inlet is situated in a topographic depression ' (sump) , the backing -up of water at the inlet could result in significant flooding, ultimately inundating the adjacent residence ' and cascading over the coastal bluff. Given these conditions, the capacity of the inlet should be increased to accommodate the existing condition's 100 -year design discharge. We would recommend ' that the inlet consist of a combination curb opening and grated gutter opening, similar to a San Diego Regional Standard Drawing Type C Curb Inlet. The gutter should be locally depressed in the ' area of the curb opening, with a minimum depression depth of 2 inches. We would further recommend that the combined capacity of the curb opening and grated gutter opening be oversized by at least ' 50 percent to compensate for effects which might decrease the capacity of the inlet, such as debris plugging, pavement overlaying, and variations in design assumptions. We would suggest that the minimum length of curb inlet opening be 6 feet, and the grate details in general conformance with the San Diego Regional ' Standard Drawing D -15. A second inlet also exists on the easterly side of Neptune Avenue, which we understand has never properly functioned. Consideration should also be given to rehabilitating ' this secondary inlet to further improve site drainage. ' As indicated in the City of Encinitas' letter dated October 14, 1988 (Appendix B) , the existing CMP storm drain is currently in need of repair, and should either be replaced or relined. High ' quality liners are currently available that improve the structural capacity and actually increase the hydraulic capacity by providing a substantially smoother wetted perimeter. In our opinion, the ' GROUP DELTA CONSULTANTS, INC. ' Ms. Arlene Mattioli April 24, 1991 Project No. 1316 -ECOl Page 13 Insituform patented liner represents one of the better quality ' liners, and would likely cost on the order of $150 per lineal foot to reline the subject pipe. It is extremely doubtful that the 92- ' foot -long upper portion of pipe could be replaced for less than $15,000, and, thus, should definitely be relined. The lower exposed portion of pipe on the coastal bluff could either be ' replaced or relined, and in discussions with contractors, we understand that replacement costs may range from $5,000 to $20,000, depending upon the restrictions placed upon the contractor in terms ' of installation, anchorage, and general care afforded to the relatively delicate coastal bluff. Clearly, relining the lower portion of pipe would cause less stress to the coastal bluff. The ' various agency constraints should be determined and reviewed prior to determining the most appropriate type of rehabilitation for the lower portion of storm drain. The lower 20 -foot section of pipe should be definitely replaced. ' Where the storm drain exits the coastal bluff, some form of lower support should be provided, giving due consideration to the local geology, coastal processes, and environmental constraints. 9 LOWER STORM DRAIN SUPPORT From a purely engineering perspective, we are of the opinion that the entire lower portion of the pipe (that portion extending beyond the most landward edge of the lower sea cliff) should be cast into a concrete foundation supported on the underlying bedrock. The majority of the existing pipe, which extends beyond the coastal bluff, extends over the existing sea cave concrete infill, and any new concrete foundation would require overexcavation of at least a ' portion of the existing concrete infill to place the new concrete foundation. The required dimension of the concrete foundation ' would be approximately 3 -feet wide, and extend approximately 8 feet back into the slope along the general alignment of the existing pipe. This would place the proposed foundation no further seaward ' than the existing stepped wall foundation, and would essentially replace the majority of the existing sea cave concrete infill along GROUP DELTA CONSULTANTS, INC. Ms. Arlene Mattioli April 24, 1991 Project No. 1316 -ECOl Page 14 this localized indentation immediately northerly of the existing stepped seawall. The proposed concrete foundation should essentially encapsulate the ' lower portion of the pipe, and be constructed adjacent to, and northerly of, the existing stepped wall as an independent structure ' not relying on any foundation support from the adjacent wall. The seaward edge of this lower storm drain support would be located approximately 6 feet landward of the southerly prolongation of the ' adjacent coastal bluff to the north, and would be hidden from view when northerly of the storm drain alignment. When viewed from southerly of the storm drain alignment, it would be positioned 1 behind, adjacent to, and northerly of the existing stepped seawall. Were the existing seawall to collapse during a major storm event, ' the concrete storm drain support would remain unaffected. A suitable alternate lower storm drain support would consist of two ' isolated round timber poles, having a minimum diameter of 16 inches, embedded in 3- foot - diameter drilled shafts, drilled to a tip elevation of +1 foot (MSL), and backfilled with concrete up to ' a height of 18 inches below the pipe invert. The two wooden poles should be spaced 7z feet apart, with the seaward -most pole aligned with the seaward edge of the existing stepped seawall. This t location coincides with a highly fractured zone of bedrock, and both poles would straddle the existing sea cave concrete infill. The lower 20 -foot section of pipe should be placed in a fabricated cradle securely attached to the two wood poles. ' Although this alternate foundation support system would likely provide adequate support for the storm drain, it is clearly not as durable as the concrete foundation, and provides only limited protection from the accelerated marine erosion occurring in the vicinity of the storm drain alignment. ' As indicated previously, due to the configuration of the coastal bluffs in this area, this alternate pipe support would likewise be 1 visible only from south of the drain alignment and essentially recessed into the small erosional anomaly in the coastal bluff. When comparing both storm drain supports, one should remember that GROUP DELTA CONSULTANTS, INC. Ms. Arlene Mattioli April 24, 1991 Project No. 1316 -ECOl Page 15 the two wood poles, although less massive, retain the existing ' concrete sea cave infill, which would span the majority of the space between the two wooden supports. The concrete foundation would span the same total distance, and require the removal of much of the existing sea cave concrete infill. Both alternates would be well hidden from view when north of the storm drain alignment, since the seaward edge of either alternate would be approximately 6 feet landward from the southerly prolongation of the adjacent coastal bluff immediately to the north. 1 i 1 1 GROUP DELTA CONSULTANTS, INC. 1 ' SCALE: 1" = 30' HOURS 'OT ELEVATIONS ' )NCRETE FLATWORK ' NCING AIRS (typ.) ' TURE ZONE ' 30 )E OF SLOPE 25 t J _ 20 9 8 6 ' 5• ' P A C I F I Project -oject No. Figure 1638 NEPTUNE AVENUE 1316 -ECO1 1 ' GROUP DELTA CONSULTANTS, INC. \ . . � '. •. � '� \ � � �- Ill ,, ) � _ ,.�. � � �� ,; ! 1 \ ���: 1\ r Ts BA V QU1Tv °C- 33 — cam, ?� _! > u Road ' t 1 3 Trader �., �. / •, 1 ' y, - •.< v�rl'. \ �l �"n G ( r � n ' a wr ' +,`�: y �i 6- i 11 � / ` k>F.1Y SCRIPPS FORMATION SITE ` Ta ARDATH FORMATION n � >120 FAULTS, LeU •. ••az i'.'� 1~ / ky� Yd �tr�'� ALL- rN60 ?0 /65 ° NW, WITH DOWN-TO-THE-NW SEPARATIO 1 X`� BAY POINT FORMATION "S, 'J , Via,,• V if ARDATH FORMATION Ta�•Y, "1•' Q Ent�; sfle t f Lt': iTl \.7�: ;�• ' d /fjj TORREY FORMATION w �.�,� -t •;'s!�- i ", ��''d => > 1$ ti Di �- is �l ,,; 1. "'•� •r1 ,_ t Seaside Garden. Counl/ Park t;;�. .� 3 �• Piro% .,�. "Y:R > + { C : •� 'it_: 1 �. /..�;.�,,.: ��.�f •f :.. it �� 1J1V /.�' '� f'•l 0'. Eg h• vv I • � -�: iii..: ." Enciw,raa ' GEOLOGIC MAP, TAKEN FROM 1985 SDAG BULLETIN ON EOCENCE GEOLOGY IN NORTHERN SAN DIEGO COUNTY Project No. 1638 NEPTUNE AVENUE Figure 2 1316 -EC01 GROUP DELTA CONSULTANTS, INC. 1 � 7- w _ 32 a. ' BA IQUIT S ' 33 Tryde� — r7 f• .k .. Pars• - ma. • ;. FAULTED CONTACT BETWEEN SCRIPPS AND ARDATH pv • ; .� FORMATIONS ON FLANK OF REGRESSIVE TIDAL CHANNEL DEPOSIT t/�ry 1 sx 1 i� 1` n Leucadia wa h ill S .+- :, ' . ij� t�fj iii �!' ;� II• • Encmaas 8eacn r t .� a' .r f �i jl G • . Count Nuh ` 6 dam, fi -: . '�� .,. •• N� ;�i��,� ion Seaside GatAans County Park, 'f mouNLuarr r ti•r.aTtr nrwC r+ I • � ' ' Encinitas.:,. ism 91 ' LITHOFACIES DISTRIBUTION MAP TAKEN FROM 1985 SDAG BULLETIN ON EOCENCE GEOLOGY IN NORTHERN SAN DIEGO COUNTY Project No. 1638 NEPTUNE AVENUE Figure 3 ' 1316 -EC01 GROUP DELTA CONSULTANTS, INC. AdEkk T AL -� +�° t t - j \ ,s R w . r - 18" CMP STORM DRAIN ' F vo A �, mA -� ' LIMITS OF UPLAND WATERSHED - 1 o � SCALE: 1" 200' ��` UPLAND WATERSHED ' p roject 1316 - EC01 1638 NEPTUNE AVENUE Figure 4 GROUP DELTA CONSULTANTS. INC. 1 r �ssr Z Ip � <a IV v A V 1 J I�Oh?Ihl1 sc sb QV tl N Q i �r Ig kt OP � n d ��t��r .— w I LP lz 1 in LU 1 0 ., ' APPENDIX A REFERENCES GROUP DELTA CONSULTANTS, INC. ' Ms. Arlene Mattioli April 24, 1991 Project No. 1316 -ECOl Page A -1 APPENDIX A REFERENCES ' 1. Abbott, Patrick L., April 13, 1985, On the Manner of Deposition of the Eocene Strata in Northern San Diego County: San Diego Association of Geologists 2. County of San Diego, undated, Orthophoto Topographic Map, Sheet No. 330 -1671, scale 1 = 200 photography dated 9- 17 -75, by Rick Engineering. ' 3. Emery, K.O., and Kuhn, G.G., 1982, "Sea cliffs: their processes, profiles, and classifications," Geological Society of America Bulletin, v.93, pp. 644 -654. ' 4. Fulton, K., 1981, "A manual for researching historical coastal erosion," Report No. T -CSGCP -003, University of ' California, Santa Cruz, Writing Program, published by California Sea Grant College Program, 56 pp. ' 5. Gastil, G., and Higley, R., 1977, "Guide to San Diego area stratigraphy," prepared for AAPG -SEG Petroleum ' Exploration School Field Trip, December 10, 1977, Published by The Edwin C. Allison Center, 62 pp. ' 6. Kennedy, M.P., 1975, "Geology of the San Diego metropolitan area, California," California Division of Mines and Geology, Bulletin 200, 56 p., map scale 1 11= 2000 ' 7. Kuhn G. G. and Shepard, F. P. 1984 "Sea cliffs beaches and coastal valleys of San Diego County, California," University of California Press, 193 pp. ' 8. Seymour, R.J., R.R. Strange, III, D.R. Cayan, and R.A. Nathan, 1984, "Influence of El Ninos on California's wave climate," Proc. 19th Coastal Eng. Conf., ' Amer. Soc. Civil Eng., p. 577- 592. ' GROUP DELTA CONSULTANTS, INC. 1 ' Ms. Arlene Mattioli April 24, 1991 Project No. 1316 -ECol Page A -2 APPENDIX A REFERENCES 9. Trenhaile, Alan S., 1987, "The geomorphology of rock coasts," Clarendon Press, Oxford, 384 pp. ' 10. U.S. Army Corps of Engineers, Los Angeles District, December 1988, CCSTWS 88 -8, Coast of California Storm and Tidal Waves Study, Coastal Cliff Sediments, San Diego Region (1887 - 1947). 11. U.S. Army Corps of Engineers, Los Angeles District, December 1987, CCSTWS 87 -10, Coast of California Storm and Tidal Waves Study, Shoreline Movement Investigations Report, ' Portuguese Point to Mexican Border (1852- 1982). 12. U.S. Army Corps of Engineers, Los Angeles District, December 1985, CCSTWS 85 -3, Coast of California Storm and Tidal Waves Study, Nearshore Bathymetric Survey Report, San ' Diego Region, Nov 83 - Feb 85. 13. U.S. Army Corps of Engineers, 1984, Shore Protection Manual, ' U.S. Army Coastal Engineering Research Center, Fort Belvoir, Virginia, v. I and II. ' 14. Winlund, Ed, 1984, Southern California Chart Guide, 6th Edition (referencing NOS Chart No. 18774). ' GROUP DELTA CONSULTANTS, INC. ' APPENDIX B ' CITY OF ENCINITAS LETTER OF OCTOBER 14, 1988 1 GROUP DELTA CONSULTANTS, INC. City of ' Encinitas ' October 14, 1988 ' Arlene 1636 - -38 Neptune Avenue Encinitas, California 92024 ' Subject: Storm Drain at 1638 Neptune Avenue, Leucadia ' ear Mrs_ M?tt In response to your July 22, 1988 letter raising your concerns regarding the storm drain adjacent to your property, Public ' Works Department staff investigated the situation and has the following report and proposal to make. On August 11 Public Works staff performed a site inspection of the storm drain running under Neptune Avenue and down to the beach along your north property line. During the inspection, it was noted that the catch basins on both sides of the street and ' the upper portion of the pipe itself were almost half full of mud and debris (photo #1), and the grate inlet to the basin on the east side of the street was heavily overgrown with ' vegetation (photo #2). Staff also noted that the catch basin on the west side of the street (photo #3) had a somewhat restricted opening and no grate. In your backyard, prior to decending the slope to the beach, it was further noted that the existing grate inlet cannot be removed for proper maintenance due to a fence over the top of it (photo #4). Decending the slope to the beach, most of the storm drain is on the surface and appeared to be in fairly good condition (n)lnto t 5) . At the beai there is to 10 foot vertical bluff where the drain extends out onto the 1 beach and is supported by a wooden structure attached to the stairway. The last 5 to 10 feet of exposed pipe was significantly deteriorated along its bottom (photos #6 and #7). ' Also, at the foot of the bluff there were approximately four fl- inch yard- type plastic drain pipes that outletted onto the beach apparently from your and /or your neighbor's yards (photo The upper ends of these drains were not located. TS /03/CL8- 1879wp (10/14/88 - 2) 1 52 L+;,+nit.+s IS.)Lili%'ard, [ n.'initas, California 920-1-1 Arlene Mattioli ' Page 2 October i3, 1988 Public Works staff's recommendations from this initial site ' inspection on August 11 were to clean out the basins and drain and to inspect the interior of the pipe with a special pipeline videotape camera designed for such work. It was arranged for a ' pipe cleaning truck to clean the drain on August 16 and, at the same time, videotape the interior of the pipe. While cleaning the westerly catch basin, staff discovered that ' the reason that it was as full as it was with mud was that a piece of wood used to originally form the catch basin had never been removed and was partially blocking the entrance to the ' outlet pipe (wood shown in gutter in photo #9). Once this obstruction was removed, the basin was easily flushed clear (photo #10). The grate on the east side of the street was also of o?�str.:cti ons . Prior to cleanin annroYinat_el.v one square foot of grate was open and functioning (photo #2). After clearing the grate, there is now approximately four and one- half square feet of opening for drainage. ' While inspecting the interior of the drains with the pipeline camera, staff noted that, generally, the 18" pipe running down ' to the beach from the westerly catch basin was in very good condition. Staff did observe several small holes along the top of the pipe in the area where the pipe runs along the surface. ' As mentioned above, however, the lower 5 to 10 feet of the pipe, at the outlet onto the beach, is in poor condition and should be replaced in order to direct drain water away from the face of the vertical bluff. In addition, the four yard drains ' should be extended beyond the face of the bluff. Public Works has the videotape of the inspection itself. You ' are welcome to arrange to see it at City Hall. After performing the inspections reported above, Public Works staff recommends that the following work be performed: 1. Repair minor holes in the pipe. ' 2. Replace the lower portion of the drain outletting onto the beach including a redesign of the pipe support (approximately 20 feet of pipe needs to be replaced). ' 3. Redirect the outlet of all yard drains away from the vertical portion of the bluff face. ' 4. Replace the solid manhole cover on the westerly catch basin in Neptune with a grated cover in order to increase ' the efficiency of the catch basin. ' TS /03 /CLS- 1879wp (10/14/88 -2) Arlene Mattioli ' Page 3 October 13, 1988 5. Replace the continuous fence over the rear yard grate ' inlet with a gate to facilitate grate removal and pipe maintenance. Public Works staff recommends that you and /or the adjacent ' property owner extend all yard drains away from the bluff and provide access to the grate in your backyard, immediately. The City proposes to pay for and install a grated manhole cover in ' the street, and the Public Works Department will closely monitor the basin during the coming storms and place sandbags, if needed, to prevent overflow from the street. However, the ' storm drain clearing performed by the City and the installation of a grate on the catch basin should allow the drain system to handle the storm waters. ' It is further proposed that n i the repair of the minor holes in the pipe, of the lower portion of the drain and the replacement of the t support and that the City will pay one -half the cost of all repair work. The City will also assume all engineering and inspection costs, but it is up to you to obtain a coastal ' permit for and accomplish the repair work, yourself, since the pipe is currently a private structure. Once the repairs are completed to the satisfaction of the City ' Engineer, the City will assume maintenance responsibilities for the storm drain pipe, provided the necessary easements are granted to the City by you and your neighbor. ' If the above proposal is agreeable to you, please let me know and I will set up a meeting to discuss implementation of the ' project. If you have any questions or would like to arrange to view the inspection videotape, please contact Mr. Ted Schade at (619) 944 -5070. ' Very Truly Yours, J 1 Robert A. 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