HomeMy WebLinkAbout2004-07-20; City Council; Resolution 2004-2381
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RESOLUTION NO. 2004-238
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A REIMBURSEMENT
AGREEMEN-T WITH CALAVERA HILLS II, LLC FOR
REIMBURSEMENT OF COSTS TO CONSTRUCT PLANNED
LOCAL DRAINAGE AREA FACILITIES BJA AND BJB.
WHEREAS, the developer, Calavera Hills II, LLC (“Developer“), of Carlsbad Tract 00-02
(“Project”) is conditioned to construct Planned Local Drainage Area (“PLDA”) Facilities BJA and
BJB, each of which is located within PLDA fee area “B (“PLDA “B Improvements”); and,
WHEREAS, Developer is required pursuant to Chapter 15.08 of the Carlsbad Municipal
Code (“Drainage Fee Ordinance”) to pay PLDA fees as a condition of the development of the
Project; and,
WHEREAS, a portion of the Project lies within the boundary of PLDA area “B and is
thereby subject to pay PLDA fees into the PLDA fee area “B” fund (PLDA “B” Fee”); and,
WHEREAS, pursuant to Drainage Fee Ordinance, the Developer is eligible to be
reimbursed, and/or to receive credit against payment of PLDA “B” Fee, for the costs to construct
PLDA “B” Improvements; and,
WHEREAS, pursuant to Drainage Fee Ordinance the amount of reimbursementkredit
available for grant to Developer for PLDA “B Improvements is limited to the cost to construct
PLDA “B” Improvements as estimated in the City’s Master Drainage Plan plus an annual fee
adjustment; and,
WHEREAS, the estimated cost to construct PLDA Facility BJB is far in excess of the cost
to construct said facility as estimated in the Master Drainage Plan, plus the annual adjustment;
and,
WHEREAS, the Developer is eligible to be reimbursed for the excess cost to construct
PLDA Facility BJB from grant funds received for such purpose by the City of Carlsbad from the
Federal Emergency Management Agency (“FEMA) pursuant to FEMA grant application 979-DR-
CA, OES Project #458 FlPS #073-11194 (“FEMA Grant”); and,
WHEREAS, City has received the full amount of the FEMA Grant funds on the basis that
the project is functionally complete; and,
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WHEREAS, the Developer’s estimated cost to construct PLDA ”B” Improvements exceeds
both the anticipated PLDA “B” Fee reimbursernentkredits and FEMA Grant funds; and,
WHEREAS, Developer has previously entered into a financing and acquisition agreement
with the City dated December 11, 2002 (“Acquisition Agreement”) for the purpose of receiving
reimbursement for certain improvements, including PLDA “B” Improvements as part of the
financing for Assessment District No. 2003-01 - College Boulevard and Cannon Road East
(“Assessment District”); and,
WHEREAS, the Acquisition Agreement includes provision for funding that portion of the
costs to construct PLDA “B” Improvements in excess of the reimbursementlcredits provided by the
PLDA “B” fund and the FEMA Grant fund, subject to certain limitations as described in the
Acquisition Agreement; and,
WHEREAS, pursuant to the Drainage Fee Ordinance, any amount of eligible costs
incurred by the Developer which are in excess of the cost to construct the PLDA “B”
Improvements as estimated in the Master Drainage Plan plus the annual adjustment, and which
are not otherwise reimbursed through another fee program or grant, may be eligible for inclusion
in an updated PLDA fee program; and,
WHEREAS, Developer may be eligible to receive additional reimbursement and/or credits
against payment of PLDA “B” fee increments, if any, at the City Council’s discretion upon future
update of the PLDA fee program; and,
WHEREAS, the Developer and City desire to enter into a reimbursement agreement in
satisfaction of the provisions of Drainage Fee Ordinance with regard to the construction of PLDA
Improvements; and,
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WHEREAS, at this time, there ha5 been submitted to the City Council for review and
approval, a reimbursement agreement (“Reimbursement Agreement”) setting forth certain terms
and conditions, as well as estimated costs for work to be installed and reimbursedkredited
iursuant to the Reimbursement Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
Zalifornia as follows:
1. That the above recitations are true and correct.
2. That the Mayor is authorized to execute the Reimbursement Agreement.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
ield on the 20th day of Ju lv , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila chin, Hall and Packard
NOES: None
4TTEST
~~l&2~~7i
- RAIN M. WOOD, City lerk (SEAL)