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Home My WebLink About1986-04-15; City Council; 7987-1; Tamarack Av Storm Drain for St. Patrick's ChurchCIT' OF CARLSBAD - AQEND 9ILL AB#pP 7 "4 DEPT.J.E M TG .44/1.5L8.6 4 w 5 0 cc e e < a a =! 0 z 3 0 0 0 E TAMARACK AVENUE S IUHM DHA IN FUH ST. PATRICK'S CIiUKOH TITLE: CITY MGR.ZE' RECOMMENDED ACTION: Ry mot ion, Resolirt ion No.&-Q 4 - transferring funds totalling $18,000.00 froin the Genera Capital Construction Fund to pay for the City's portion of this project. adopt. ITEM EXPLANATION: On December 4, 1984 the City Council approved Agenda Bill 87987 which obligated the city to participate with St. Patrick's Church in the storm drain to be installed in Tamarack Avenue from Adams to Pi0 Pico. The maximum obligation agreed to at that time was $18,000.00. No funds were appropriated at that time into the Capital Improvements Program to cover the city's share of the cost. We have now received a billing from the contractor for our portion of the completed storm drain totalling $16,672.00. In addition, as part of this project and done by another contractor, there will be the expense to repave the area west of the church in Tamarack Avenue to Pi0 Pico. No payments will be made on this project until 35 days after the Notice Of Completion is filed by St. Patrick's. FISCAL IMPACT Funds in the amount of $18,000.00 need to be appropriaked from the General Capital Construction Fund to the Capital Improve- ment Program to cover the City's naximum share of this project EXHIBITS I. Resolution No. Jps-n4 appropriating the funding for the City's share of the Tamarack Avenue storm drain installed by St. Patrick's Church. ~.2. Copy of Agenda Bill lC7987 date 12/4/84. '\I 3. Copy of bill from Hubbard Construction dated 1/29/86. i k . '. , 1 2 3 4 5 6 7 8 9 10 11 12 12 14 15 16 17 1E 19 20 21 22 23 24 25 26 21 2e RESOLUTION NO. 8504 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING FUNDS FOR THE CITY'S SHARE OF THE TAMARACK AVENUE STORM DRAIN BETWEEN ADAMS AND PI0 PICO. WHEREAS, the City Council concur that the connection of the storm drain from St. Patrick's Church to the existing drain at Pi0 Pic0 was necessary for the public safety; and WHEREAS, a satisfactory agreement was reached between the City and St. Patrick's Church for the City to fund this project not to exceed $18,000.00; and WHEREAS, the work will have been completed to the City's satisfaction and be billed to us not to exceed $18,000.00; and WHEREAS, funds are available and need to be appropriated for the Fiscal Year 85-86 Capital Improvement Program; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That funds be transferred from the General Capital Construction Fund to cover the expenditure of $18,000.00 for a Capital Improvement in Tamarack Avenue in conjunction with St. Patrick's Church. /// /// /// /// /// /// /// I- * .< 3 1 1 9 1 1 1 1 1 21 2: 2; 2; 24 25 2E 27 28 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the 9 Carlsbad City Council held on the 15th day of April 1986 by the following vote, to wit: AYES: NOES: None Council Members Casler, Lewis and Chick ABSENT: Council Members Kulchin and Pettine J &&- MARY H.~ASLER, Mayor ATTEST: (SEAL) DEW. HO, CITY AlTY APPEAL of CITY REQUIREMENTS FOR STREET IMPROVEMENTS CUP 204 ST. PATRICKS CHURCH - JOHN P. LANDRY - APPELLANT AB#IP87 TITLE: MTQ. 12/4/84 7 DE PT..-, RECOMMENDED ACTION: That the Council reject the appeal an.l require the developer to extend the storm drain to Pia Pico. ITEM EXPLANATION: The appellant is requesting relief of the City Engineer's requirement to extend a storm drain in Tamarack Avenue approximately 200 feet from their west property line to an existing drain in Pi0 Pico. The developer, St. Patricks Church, was required, as a condition of CUP- 204, to install improvements along Tamarack Avenue. To facilitate issuance of a building permit for the church, they were allowed to sign a standard development agreement which referenced an unsigned set ofstreet improvement plans prepared by a private consultant for the widening of Tamarack Avenue. The plans showed the existence of an 18'' storm drain but did not show details of its relocation. The development agreement was silent regarding storm drain relocation. Recause the street plans did not show the storm drain work, the developer hired an engineer to prepare revised plans. The revised plans proposed to relocate the existing storm drain and to dump the water back out onto the street by means of an outlet structure near the Church's west property line. This proposal had an estimated construction cost of $48,000.00. In reviewing this proposal, the Engineering Department determined that the proposed solution was unacceptable and that the storm drain pipe must be extended to tie into an existing drain in Pi0 Pico. Their engineer's estimate of the cost to construct this storm drain is $66,000.00, $18,000.00 more than the first proposal. The developer feels the City should pick up this additimal cost. The appeal has been rejected at staff level and referred to the Council. The alternatives are to: 1) require construction of the extension at the developer's expense; 2) allow the developer to dump the water back out onto Tamarack Avenue, and 3) require construction of the extension with the City paying the additional expense. Staff recommends alternative #I. The second alternative is an unacceptable engineering solution because the flows exceed acceptable limits of street capacity ad would expose the City to liability should the flows contribute to an. accident. The third alternative is rejected because no funding source is available and the requirement for the developer to finance necessary offsite improvements is not an unusual situation. EXHIBIT 2 Page 2 of Agenda Bill C 79/7 FISCAL IMPACT: Alternative #l would cost the developer $66,000.00. Alternative 12 would cost the developer $48,000.00. Alternative #3 would cost the developer $48,000.00 and would cost the City $1 8,000.00. EXHIBITS: 1. John Landry letter of 11-17-84. 2. Location Map. 3. Partial Copy Planning Commission Resolution U1845. .. /tu 8 '- / _ccc_ yD \ 61.27 J+/Ft. FHL43, N? 13294 INVOICE Bo eubkarb Montrartizt, Mo, TCL. 11s-1 lS7 ENGINEERING CONTRACTOR 8lWCR COY8TRUCTIOY PILI LlYl COY8TRUCTIO* YARD AND OFFICE -46 ENCINITAS BLVD. P. 0. BOX 177 ENCINITAS, CALIF. 92024 ORDER OR P.O. I EOUICYLYT MLMTALS IWVOICL OATL ORDKR NO. DAIS IWIPPCD JOB NO A 949 A $16,672 00 4 January 29, 1%% SOLO TO Archdioces of San Diego c/o Father Briody P. 0. Box 249 Carlsbad, California 92008 SHIP TO: DEXRl PTl ON Storm clrain - City Portion + 8 Ft, extra of 24" RCP to get to existing system Total Due St. Patrick's Church Tamarck Avenue AMOUNT RATE TOTAL 16,288. GO NOTICE "UNDER THE MECHANICS' LIEN LAW (CALIFORNIA CODE OF CIVIL PROCEDURE, SECTION Ill1 AT SE0.i ANY CONTRACTOR. SUBCONTRACTOR, LABORER, SUPPLIEU OR OTHER PERSON WHO HELPS TO IYPROVE YOUR PROPERTY BUT IS NOT PAID FOR HIS WORK OR SUPPLIES. HAS A RIGHT TO ENFORCE A CLAIM AGAINST YOUR PROPERTY. THIS MEANS TUAT. AFTER A COURT HEARIHG, YOUR PROPERTY COULO BE SOLO BY A COURT OFFICER AND THE PROCEEDS OF THE SALE USE0 TO SATISFY THE INOEETEONES5. THIS CAN HAPPEN EVEN IF YDU HAVE PAID YWR OWN CONTRACTOR IN FULL, IF THE SUBCOHTRACTOR. LABORER. OR SUPPLIER REMAINS UNPAID .** a -- -_- - _Id.-.. - --I--.--- --_-_- & -. EXHIBIT 3 b