HomeMy WebLinkAbout1988-10-11; City Council; 9682; Fire Station Agreement La Costa Ranch Company0
w
O
cc
e+
a.
z
O
U
a
J_
Z
a
O
v
,5 11,er
Cl" OR CARLSBAD — AGENI : BILL --�--
AB # q ( 2- TITLE; PROPOSED 1988 f ' c STATION AGREEMENT i DEPT.
MTG. 10-11-88 WITH THE LA COSTA RANCH COMPANY
CITY ATTY�_
bEPT. GM ! ICI Y MGRa�,>_
RECOMiVIENDED ACTION:
Adopt Resolution No. M 3 n authorizing the mayor to execute an agreement
with the La Costa Ranch Company for the provision of a temporary fire
station located in the southeastern portion of the City.
ITEM EXPLANATION
On November 10, 1987 the City Council approved the Local Facilities
Management Plan for Zone 6. In doing so, the plan identified a fire
facility shortfall. On February 23, 1988 the City Council adopted Local
Facilities Management Plans for Zones 11 and 12 which both identified the
same fire facility shortfall. The City Council as a result of these three
plans and in compliance with the policies of the. Growth Management Plan
approved a comprehensive facilities financing plan. Within the financing
plan the City Council authorized the reprioritization of the existing
Capital Improvement Budget by transferring funds from the General Capital
Construction to the Public Facility Fee Account for the purposes of
constructing Fire Station 6.
Following the City Council's action, staff began to prepare plans for the
construction of Fire Station No. 6 to be located on property currently
owned by the City east of the existing Rancho Santa Fe Road. Because of
the pending realignment of Rancho Santa Fe Road and the uncertainties of
its e'ventual vertical and horizontal elevations, staff began to look at
alternative locations for this fire station site. However, due to the
nature of building a permanent fire station it was determined the most
practical solution at this point was to construct a temporary fire
station. This would address the City's current needs and would enable the
City to build its permanent station at a more appropriate time.
City staff has been working with the La Costa Ranch Company (BCED) in an
effort to locate a site and arrange to build a temporary fire station.
A location has been found and is shown on Exhibit No. 2 of the proposed
agreement.
Under the proposed agreement, the City would construct a temporary fire
station and the La Costa Ranch Company (BCED) has agreed to reimburse the
City for all costs incurred up to a maximum of $250,000. Attached as
Exhibit 3 to the proposed agreement is a breakdown of the estimated cost
to construct the temporary fire station.
BCED will reimburse the City when the permanent fire station is
constructed. This reimbursement will be in cash or through other services
rendered during the construction of the permanent station.
The temporary fire station will remain operational until such time as
Rancho Santa Fe Road has been realigned and a new fire station can be
constructed.
6 1)
Page 2 of Agenda Bill No. 16aZ
ENVIRONMENTAL REVIEW
None.
FISCAL IMPACT
As a result of this action the City will be obligated to construct the
temporary fire station and funds are currently available for this purpose.
Although, the City will be spending funds for the temporary fire station
site, the La Costa Ranch Company (BCED) will be reimbursing,the City for
all costs incurred up to a maximum of $250,000. It is anticipated that
the net fiscal impact of this action will be none.
EXHIBITS
1) Resolution No.8a-3(L authorizing the Mayor to execute the 1988 Fire
Station Agreement.
2) 1988 Fire Station Agreement.
/j
n
0
1i
RESOLUTION NO 88- 366
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3j CARLSBAD, CALIFORNIA AUTHORIZING THE MAYOR TO
EXECUTE A FIRE STATION AGREEMENT WITH THE LA
4 COSTA R7XCH COMPANY (BCED).
5
6; WHEREAS, on July 1, 1986, the City Council adopted
7' Ordinance No. 9810 est,-,blishing the Growth Management Program for
8 the City of Carlsbad; and
9 WHEREAS, on September 23, 1986 the City Council adopted
10 Resolution No. 8796 which established specific public facility
11 performance standards to be used in the implementation of this
12 program; and
13 WHEREAS, the Local Facilities Management Plans for Zones
14 6, 11, and 12 have been prepared and approved by the City Council;
and
'15
16 WHEREAS, each of these Local Facilities Management Plans
17 identified a shortfall in meeting a fire service performance
standard; and
18
19 WHEREAS, the City of Carlsbad and the La Costa Ranch
20 Company (BCED) desire to enter into an agreement for the
21 construction of a temporary fire station; and
22 WHEREAS, a fire station agreement is necessary at this
23 time in order to accurately reflect the costs associated with
24 constructing a temporary fire station.
25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the
26 City of Carlsbad, California that:
27 1) That the above citations are true and correct.
2$ 2) That the Mayor is authorized to execute on behalf of
the City Council the Fire Station Agreement.
l�
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
2 �� Carlsbad City Council held on thellrhday of October, 1988 by the
3 following vote, to wit:
4�AXES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
5 NOES: None
6"
ABSENT: None
7}
8
9
10 ATTEST:
11
12
13 ALETHA L. RAUTENKRANZ, City Clerk
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CC RESO NO. _2_
r ''N
UD LEWIS, Mayor
t
Fp
1988 FIRE STATION AGREEMENT x`
THIS 1988 FIRE AGREEMENT ("Agreement") is made this &f day ;
of _ ®tt.�4.•J , 1988, between the CITY OF CARLSBAD, a municipal
corporation of the State of California ("City") and BCE
DEVELOPMENT, INC. ("BCED"), who agree as follows:
A. on July 1, 1986, the City Council duly adopted, as
Ordinance 9810, a Growth Management Program for the City of >
Carlsbad. The purpose of this Growth Management Program was to {
insure that an adequate level of public facilities and services 4.
would be provided prior to or concurrently with development. 40
B. On September 23, 1986, the City Council duly adopted, as F
Resolution No. 8797, Citywide Facilities and Improvement Plan as
the first phase of the Growth Management Program. At this time the
City Council adopted Resolution No. 8796 which established the
specific public facility performance standards to be used in the
implementation of the Growth Management Program. The City's Growth
Management Program requires that all eleven public facilities
conform with the adopted performance standards or no development
may be allowed to occur.
L
C. The Local Facilities Management Plans for Zones 6, 11
and 12 have been prepared, and have been adopted by the City
Council, in accordance with the City's Growth Management Program.
During the preparation of these facility plans, certain public
facilities such as fire services were identified to be below the
adopted performance standard set forth in Resolution No. 8796.
D. on February 23, 1988, the City Council duly adopted
Resolution No. 8851 approving the reprioritization of the existing E
Capital Improvement Budget by transferring funds from the General
Capital Construction Fund to the Public Facility Fee account for
the purpose of constructing Fire Station 6. The Council took this ¢
action to rectify a facility shortfall for fire services identified
during the preparation of the Local Facilities Management Plans for
Zones 6, 11 and 12.
_
E. Following the City Council's action described in
paragraph D above, the City staff began to prepare its plans for
the construction of Fire Station 6 on property currently owned by
the City east of existing Rancho Santa Fe Road ("Permanent Fire
Station No. 6" or "Permanent Site"). Because of the pending
realignment of Rancho Santa Fe Road and the uncertainties of its
eventual exasc vertical and horizontal elevations, which in turn
affect the iiesign and construction of both Permanent Fire Station
;c
,t
A
POC 092688
t=
r�
No. 6 and the development of BCED lands adjacent to and siii''r'oitnding
the Permanent Site, it has been determined that the construction
of Permanent Fire Station No. 6, at its present location would not
be a prudent decision for the City or BCED, and the City and BLED
therefore desire to construct a temporary fire station located on
property owned by BCED and shown on Exhibit #1 hereto ("Temporary
Fire Station No. 611) and to designate a new, Permanent, Fire
Station No.6 site, adjacent to the realigned Rancho Santa Fe Road
as shown on Exhibit #2, subject to modification based on final road
engineering. The City and BCED will exchange the new site and the
City's existing site, so that the old site will revert to BCED and
will by included in its future subdivision.
F. The City has determined that Temporary Fire Station No.
6 will remedy the fire services performance standard deficiency
identified in Zones 6, 11 and 12.
G. BCED recognizes that with construction of a temporary
fire station, additional costs will be incurred by the City over
and above those currently in the City's approved budget for
construction of Permanent Fire Station No. 6, for which B:.ED agrees
to be responsible in the manner hereinafter set forth in this
Agreement.
H. The City recognizes that BCED wishes to process and
receive approval of a parcel map which would create three separate
legal lots from Lot 249 as shown on Exhibit # 1 attached hereto,
and the City recognizes the desire of BCED to utilize in some
fashion those areas of Lot 249 which are not impacted by this
temoporary fire station.
I. BCED recognizes the City's concern dealing with the
available access to this site should a parcel map be approved and
will use its best efforts to ensure that these safety concerns can
be alleviated as the parcel map is processed.
NOW THEREFORE, incorporating the recitals of facts set forth
above and in consideration of the mutual covenants herein contained
the party agrees as follows:
1. In satisfaction of the fire services performance standard
deficiency identified in the Local Facilities Management Plan for
Zones 6, 11 and 12, the City shall, at its cost and expense, but
subject to reimbursement by BCED as herein agreed, construct
Temporary Fire Station No. 6 on BCED property being a portion of
Lot 249, La Costa Vale Unit No. 1 Map No. 7457, in the City of
Carlsbad, generally located at southwest corner of La Costa Avenue
and Rancho Santa Fe Road, and shown on Exhibit #1 attached hereto.
Prior to commencement of construction, City and BCED shall jointly
make application for a Conditional Use Permit. This agreement
POC 092688 -2-
shall be in full effect once it is executed by the Mayor and is
contingent upon receiving approval of the Condit -'I U e_ Parnd..
2. City and BCED agree that BCED shall be obligated to
reimburse City for costs incurred for the construction of Temporary
Fire Station No. 6 in the amount not to exceed $200,000 pursuant
to the estimated costs for the scope of work listed on Exhibit #3
attached hereto. BCED additionally agrees to reimburse City for
direct improvement and/or construction costs in excess of $200,000,
where such additional direct costs exceed the estimated costs on
Exhibit #3, but in no event shall BCED's reimbursement obligation
exceed a total of $250,000. For purposes of this Agreement,
"direct improvement and/or construction costs1° shall be defined as
those items for labor and/or material only as evidenced by detailed
invoices, and shall expressly not include costs of insurance,
bonds, contractor's overhead or profit. This obligation shall be
satisfied by BCED's performance of one or any combination of the
following at BCED's discretion and as herein agreed:
a. Payment by BLED, to City, of cash in an amount not
to exceed $200,000 on demand of the City and within 30 days
following the City Council's awarded bid for the construction of
Permanent Fire Station No. 6. Any reimbursement by BCED over
$200,000 and up to $250,000 shall be paid by BCED within thirty
(30) days of written demand from City, which demand shall include
copies of invoices for which reimbursement is requested.
b. Site preparation for the Permanent Fire Station No.6
of an agreed value not to exceed $250,000 including any or all but
not limited to the following: site preparation, grading, and
utility construction to the lot line. BLED may elect this option
for reimbursement only in the event City and BLED agreed on the
work proposed and the agreed value thereof prior to the date the
cash reimbursement would otherwise be due as set forth in paragraph
2(a) above. In addition to reimbursing the City for the
construction of the Temporary Fire Station, BLED shall be required
at no cost to the City to provide sufficient access to the
Permanent Fire Station No. 6 acceptable to the City Engineer and
Planning Director. The cost of said access shall not be included
as part of the reimbursement for the construction of the Temporary
Fire Station.
3. BCED's satisfaction of its obligations under this
Agreement, which are the temporary fire station site cost
reimbursement and new permanent fire station site exchange and
provision for access to it, are acknowledged and agreed by City to
be in full mitigation of fire services impacts which may arise from
the development of BLED properties within Zones 6, 11 or 12.
nothing herein shall relieve BLED of any obligation to pay
applicable Public Facility Fees, Local Facilities Management Fees
POC 092688 -3-
and other fees in effect at the time of development in compliance
with all City regulations. This Agreement is made based upon the
assumptions and analyses of fire service facilities contained in
the adopted Local Facilities Management Plans for Zone 6 dated
November 10, 1987, and Zones 11 and 12 dated February 23, 1988 as
of the date of this 1988 Fire Station Agreement. BCED and City
agree that if the adopted assumptions and analyses should change
due to facts and circumstances not known or reasonably foreseeable
as of the date of this Agreement, then and only in that event fire
services mitigation may be required of BLED properties in addition
to those contemplated and set forth herein.
4. Prior to commencement of construction of the Temporary
Fire Station No. 6,.BCED shall grant to the City an easement for
construction and operation of that facility on the Temporary Site
in a form mutually agreed by City and BLED. The term of this
easement shall extend to one year after the Permanent Fire Station
6 site becomes available for the City to build on. The site will
be deemed available once the appropriate deeds have been executed
and accepted by the City Council and BCED. If the City fails to
vacate the Temporary Site within one year of the Permanent site
being available, on the first day of the second year ground rent
shall be due and payable from City to BCED in an amount equal to
10% per annum of the appraised fair market value of the property
of its highest and best use. Pent shall be payable in monthly
installments. By way of example, if the appraised fair market
value of the property is $240,000, annual rent would be $24,000 and
monthly rent would be $2,000. City and BCED shall agree on an
appraiser to establish the fair market value. However,, the City
must vacate the Temporary Site within two years of the permanent
site being deeded to the City and buildable. Upon termination of
the easement, and promptly upon request of BCED, City shall
execute, acknowledge and deliver to BCED such documents as are
required to relinquish all rights of City in the BCED property
contained within the easement. The City shall remove all temporary
facilities and paving from BCED's property, capping off utilities
in place. The site is to be cleared and returned to BCED within
60 days of the temporary fire station being vacated.
5. City and BCED have previously reached tentative agreement
that the new Permanent Fire Station No. 6 site shall be within the
cross -hatched area as depicted on Exhibit 42 attached hereto. City
and BCED now agree that the exchange of deeds as well as dedication
or grant of access rights to the new Permanent Site from BCED to
City shall occur at a time which is consistent with construction
of that portion of Rancho Santa Fe Road as realigned which is
adjacent to the new Permanent Site.
6. Commencing on the date of this Agreement, City shall
indemnify, hold harmless and defend BCED, its officers, directors,
POC 092688 -4-
shareholders, employees, agents, managers and consultants a,id ally
and all other persons, firms or entities acting on behalf of BLED,
from any and all claims, demands, expenses or costs associated with
or arising from City's use of the property as contemplated by this
Agreement.
7. This agreement shall bind and inure to the benefit of
the parties, their respective assigns and successors.
8. In the event of any dispute between the parties relating
to the terms of the subject matter of this Agreement, the parties
agree that the prevailing party shall be entitled to reasonable
attorneys' fees, together with all other costs and damages, as
determined by the court regardless of whether said dispute is
settled or prosecuted to judgment.
9. No change in or addition to this Agreement or any part
hereof shall be valid unless in writing and signed by all parties
hereto.
i0. If any portion of this Agreement is held by a court or
arbitrator of competent jurisdiction to be invalid, void and
unenforceable, the remainder of the provisions hereof shall remain
in full force and effect and shall in no way be affected, impaired
or invalidated.
11. This Agreement constitutes the entire understanding
between the parties with respect to the subject matter hereof,
,superseding all negotiations, prior discussions, preliminary
agreements or understandings written or oral.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
INCEN F. BIONDO,
City Attorney
ATTEST:
ALET� UTENK z, City Clerk
CITY OF CARLSBA
A Munic p C ore on the
State//Cal' rn
By ..
CLAUDE A. EWIS, Mayor
BCE DEVELOPMENT, INC.
A Delaware Corporation, qualified
to do business in California
By
�K/7 -7"
H.`Gordon MacKenzie 9/29/88
(Typed Signature)
POC 092688 -5-
-3BMT BY:A
8-31-$8 11:27PM 24069-r 6199311946;## 8
' " �Xt1ltSll NU.
r�
EXHIBIT 1
SENT BY:A 9-29-E8 4:469M ;
EXISTING
FIRE STATION!
SITE
N%
24r7ti9-�
bl z+mps11d4G; :t
EXHIBIT 2
'�~-- PROPOSED
FIRE STATION
SITE
EXISTING TRAVELED ROUTE
RANCHO SANTA 7E RD.
i
AV
r r
NEW ALIGNMENT OF
RANCHO SANTA FE RD.
EXHIBIT 2
City of CArHshid
=EidT ai'-P J-31-68 11:27?M 61993119-16; tt 10
EXHIBIT NO. 3
ESTIMATED COST OF CONSTRUCTION FOR TEMPORARY FIRE STATION NO. 6
- Site work (assuming no off -site work)
a.
b.
Grading 32 000 sq. ft. at $0.13 per sq. ft. -
Paving (light section - 3,100 sq. ft. at $1.75 per sq, ft. -
$
$
41200
5,400
c.
Paving (heavy section) - 1,875 sq. ft. at $2.25 per sq. ft. ■
S
4,200
d.
Utilities
1. Gas line - 100 l,f, at $15 per l.f. _
$
S
1,500
2,000
2. Waiter - 100 l.f. at $20 per 1.f.=
3. Waste (C.I.) - 100 l,f, at $20 per 1.f. -
$
2,000
(assuming no storm drain and overhead electrical,)
Electrical Underground - 100 l.f. at $75/1-f.
S
7,500
4.
e.
Landscape and Irrigation (very mini,,,_I) - 11,000 sq. ft.
S
g,300 K
f.
at $0.75 per sq. ft.
Fence:(in link
ll'rellis,
$
49800
g.
Miscellaneous SiteBWork)IncludingfBerming,SPatio,er
S
30,000
etc. at
- Office
and Housing (20'x Sol trailers delivered and setup) -
S
50,000
- Garage
(25'x 50' metal building with space heating minimal windows
12, clear ceiling and one 3 x 71 man door) -
S
40,000
12 x 10
roll -up door,
t
Subtotal $159,900
overhead and profit (15%) 24,000
Contingency 10% -
Approximate Estimated Cast of Construction $200,000
* Note: Figures are rounded off
EXHIBIT 3