HomeMy WebLinkAbout2004-09-14; City Council; Resolution 2004-2931
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RESOLUTION NO. 2004-293
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A REIMBURSEMENT
AGREEMENT WITH CALAVERA HILLS II, LLC FOR
REIMBURSEMENT OF COSTS TO DESIGN AND CONSTRUCT
CORE IMPROVEMENTS TO CANNON ROAD REACH 3 AND
COLLEGE BOULEVARD REACH B AND C AND, ESTABLISHING
A LOCAL BENEFIT DISTRICT OVER THE ROBERTSON RANCH
WEST PROPERTY FOR THE PURPOSE OF LEVYING A FEE
TO FUND THE REIMBURSEMENT COST.
WHEREAS, the developer/subdivider, Calavera Hills II, LLC (Subdivider), of the Calavera
Hills Phase II Master Plan and Tentative Map (“Subdivision”) has been conditioned to construct
certain core improvements to Cannon Road Reach 3 and College Boulevard Reach B and C
(“Core Improvements”); and,
WHEREAS, the Core Improvements contain supplemental size and capacity for the
benefit of property not within the Subdivision (“Supplemental Core Improvements”); and,
WHEREAS, Section 20.16 of the Carlsbad Municipal Code (“CMC) essentially provides
that the City must enter into a reimbursement agreement with a subdivider to reimburse the
subdivider for that portion of the costs of required subdivision improvements in excess of the
needs created by the subdivision; and,
WHEREAS, a reimbursement agreement between the City of Carlsbad (“City”) and
Subdivider entitled “Agreement for Reimbursement of Costs to Design and Construct Cannon
Road Reach 3 and College Boulevard Reach B and C (“Reimbursement Agreement“) has been
prepared in accordance with Section 20.16 of CMC; and,
WHEREAS, the Core Improvements are included within the list of improvements funded
by Assessment District No. 2003-01 - College Boulevard and Cannon Road East (“AD 2003-01”);
and,
WHEREAS, the Final Engineer’s Report for AD 20003-01 dated July 31, 2003 (a copy of
which is on file at the City Engineer’s office and is incorporated herein by this reference)
established the methodology for spreading the costs of the Core Improvements to the benefiting
properties including those properties not included within the boundary of AD 2003-01 ; and,
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WHEREAS, the property known as the Robertson Ranch West property, owned by the
tobertson Family Trust dated April 19, 1985, Virginia K. Robertson, Trustee Under Declaration of
-rust dated October 8, 1976 and Elsie M. Kelley Irrevocable Trust dated June 19, 1989, is not
vithin the boundary of AD 2003-01, but was identified as a property benefiting from the
:onstruction of the Core Improvements in the Final Engineer’s Report for AD 2003-01 ; and,
WHEREAS, the share of the costs attributed to the Robertson Ranch West property,
)ased upon the methodology established within the Final Engineer‘s Report for AD 2003-01 , is
stimated to be $522,713; and,
WHEREAS, the actual reimbursement amount will be determined using the spread
nethodology described in the Final Engineer’s Report for AD 2003-01 as applied to the actual
iurchase price of the Core Improvements once construction is complete.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
2alifornia as follows:
1.
2.
3.
That the above recitations are true and correct.
That the Mayor is authorized to execute the Reimbursement Agreement.
That a local benefit area be established over the Robertson Ranch West property
for the purpose of levying and collecting a fee to pay for the cost to construct the
Supplemental Core Improvements (Cannon Road Reach 3 and College Boulevard
Reach B and C Core Improvements Local Benefit Area Fee).
That the owner/developer of the Robertson Ranch West property be required to
pay the Cannon Road Reach 3 and College Boulevard Reach B and C Core
Improvements Local Benefit Area Fee plus a 2% City administrative charge at the
earlier of the following: 1) approval of a final map; 2) issuance of a grading permit
(excluding grading done for agricultural purposes); or, 3) commencement of
construction upon the benefiting property (excluding construction of structures
designed to support agricultural operations).
4.
5. That the Cannon Road Reach 3 and College Boulevard Reach B and C Core
Improvements Local Benefit Area Fee, currently estimated to be $522,713, be
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determined using the spread methodology described in the Final Engineer's Report
for AD 2003-01 as applied to the actual purchase price of the improvements once
construction is complete.
That the Cannon Road Reach 3 and College Boulevard Reach B and C Core
Improvements Local Benefit Area Fee be adjusted annually using the Engineering
News Record Construction Cost Index for the Los Angeles area, commencing on
January 1 of the year following City acceptance of the Core Improvements in
6.
accordance with the provisions as stated in the Reimbursement Agreement.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
ield on the 14th day of September ,2004 by the following vote, to wit:
AYES: Council MembersAwis, Finilla, Kulchin, Hall and Packard.
4TTEST
-0RRAINE M. WOOD, City Clerk (SEAL)