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HomeMy WebLinkAbout1990-04-24; City Council; 10603; IMPROVEMENTS NEEDED TO PALOMAR AIRPORT ROAD FROM EL CAMINO REAL TO BUSINESS PARK DRIVE AND THE INTERSECTION OF PALOMAR AIRPORT ROAD AND EL CAMINO REALI. CI W g cc e % z o 7 o a =! 0 5 0 0 GI I WF LAHLSBAU - AGENDVILL AB# )<+do3 TITLE: IMPROVEMENTS NEEDED TO PALOMAR AIRPORT DEPT. C,TY, DRIVE AND THE INTERSECTION OF PALOMAR MTG. 4/24/90 CITY I DEPT. CD AIRPORT ROAD AND EL CAMINO REAL. ROAD FROM EL CAMINO REAL TO BUSINESS PARK RECOMMENDED ACTION: Adopt Resolution No. pd-/J3 APPROVING and AUTHORIZING the Mayor to e) an agreement with the Zone 5 property owners listed on the attached agreement, pro guaranteed funding for improvements to Palomar Airport Road East. ITEM EXPLANATION The City of Carlsbad's Growth Management Program requires that performance stan for all eleven public facilities be met at all times as growth occurs. In order to E adequacy for all facilities, monitoring is carried out on a regular basis. A Compreht come to the City Council after consideration by the Citizens Committee to Study GI The report shows all facilities except circulation to be operating within their ad Performance standards. Circulation fails to meet the performance standard for the follc reasons: 1) Monitoring Report has been prepared by staff and is nearing completion. The rep( The road segment of Palomar Airport Road from Melrose Avenue to BUE Park Drive is operating below the adopted performance standard at hours. The intersection of Palomar Airport Road and El Camino Real intermii operates below the standard at peak hours. The road segment of Palomar Airport Road from El Camino Real to Mf below the standard in the near future. 2) 3) Avenue is currently operating at LOS D at peak hours and is projected The adopted Circulation performance standard states that "No road segment or inters in the zone nor any road segment or intersection out of the zone which is impact( development in the zone shall be projected to exceed a service level C during off hours, nor service level D during peak hours. Impacted means where twenty percf more of the traffic generated by the Local Facilities Management Zone will use the segment or intersection." Monitoring the level of service (LOS) of the key intersections and road segments important part of the overall monitoring program. On January 24, 1989 the Carlsbac Council adopted Resolution No. 89-24 approving a consultant agreement with JHb Associates to prepare the first annual traffic monitoring report. JHK and Assoc collected traffic data at 36 intersections and 16 road segments throughout the C Carlsbad. These counts included average daily traffic volumes recorded at the roac 0 e ,i a. .. PAGE TWO OF AGENDA BILL NO. /Q. Ib 0-3 segments and peak hour turning movement volumes at the identified intersections field data was performed based on existing geometrics and lane configurations. document provides City staff with an indication of the current status of the overall circi system in terms of intersection and road segment capacities and levels of service. Intersection of Palomar Airport Road and El Camino Real The needed improvement to restore an adequate LOS is dual left turn lanes on thc west, and north legs of the intersection, The City’s Capital Improvement Progran funding provided by Zone 5 as discussed below, will provide adequate guarantee intersection improvements, with minor excetpions. The additional funding nee( complete the intersection (estimate to be about $50,000) will be included in future Road Segment of Palomar Airport Road East The JHK Study shows Palomar Airport Road from El Camino Real to Melrose Avei approaching inadequacy and from Melrose Avenue to Business Park Drive as CL inadequate. Therefore, staff recommends that both segments be upgraded at the time. The needed improvements consist of adding one eastbound lane from El Camino I Melrose Avenue, and adding an eastbound lane and a westbound lane from h, Avenue to Business Park Drive. This will involve right-of-way acquisition to accomn provided by Rick Engineering is approximately $3.9 million. The City has been notified of SANDAG’s intent to provide funding for 50% of the c this improvement from Highway 78 Funds. The remainder of the funding must be pr by other sources. Zone 5 property owners are obligated to provide the remaining fL pursuant to the Zone 5 Local Facilities Management Plan (Exhibit 3.), if they wish tc a delay in permit issuance. Zones 17, 18, and possibly 16, will be responsible for a I of this funding, but those zones do not have adopted Local Facilities Managemen at this time and are not able to develop their property. It is, therefore, incumbent fa 5 to provide the full amount of needed funding, if they wish to continue to build, i reimbursed by the other zones when they develop. The Zone 5 property owners have assembled a financing proposal which guarantet required portion of the funding. Staff has reviewed the proposal and finds that it Management Ordinance. Although staff has reached an agreement with the pi owners within this zone to secure adequate financing for all improvements, should t not receive the executed bonds in the form attached to this agenda bill, in an i necessary to guarantee the funding of the project by May 24, 1990, the City shall issuing development or building permits. Staff is recommending approval of the agrt to secure the guaranteed funding. the widening and other related improvements. The estimated cost of these improvc satisfactorily guarantees the funding for the improvements in conformance with the [ 0 m ,. *. ,. PAGE THREE OF AGENDA BILL NO. 10, cp 03 It is staff’s intent to bring back a proposal to Council that will provide for the forma a Mello-Roos CFD to fund the construction of the road segment and the Zone 5 pa This CFD would replace any guarantee provided within this agreement. ENVIRONMENTAL REVIEW None required at this time. The Zone 5 Local Facilities Management Plan which in( requirements for Circulation improvements went through Environmental Review. In ac supplemental Environmental Review will be done when the specific design improvements are proposed. FISCAL IMPACT This action accepts the pledge of Surety Bonds and an agreement to provide func a guarantee of the City’s ability to construct the necessary road improvements. This in itself has no direct fiscal impact upon the City. Council will have an opportu consider the formation of a CFD to finance this road segment at a later date. EXHIBITS 1) City Council Resolution No. ’%7--/’.3 2) Agreement 3) Excerpt from Local Facilities Management Plan Zone 5 ,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I.5 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 90-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAF CALIFORNIA, APPROVING AND AUTHORIZING THE MAYOR TO EXEC AGREEMENT WITH CERTAIN OWNERS OF PROPERTY WITHIN PROVIDING A GUARANTEE OF FUNDING FOR IMPROVEMEh PALOMAR AIRPORT ROAD EAST IN COMPLIANCE WITH C MANAGEM E NT REQUIREMENTS. WHEREAS, Section 21.90.80 of the Carlsbad Municipal Code requ performance standards be established for specified public facilities; and WHEREAS, the Citywide Facilities and Improvements Plan of 1986 det performance standard for Circulation Facilities: and WHEREAS, Palomar Airport Road from Melrose Avenue to Business Park I been determined to be operating below the adopted performance standard, Airport Road from El Camino Real to Melrose Avenue is anticipated to fall k standard in the near future, and the intersection of Palomar Airport Road and El Real intermittently operates below the standard; and WHEREAS, the City Council of the City of Carlsbad desires to provide a r plan to resolve this facility shortfall; and WHEREAS, on August 4, 1987, the City Council approved the Local Management Plan for Zone 5 which identified certain facilities to be the respon developers within Zone 5 to finance, specifically the road segment of Palom: Road from El Camino Real to Business Park Drive; and WHEREAS, certain property owners within Zone 5 have submitted a prc provide the needed funding for the road improvements; and .... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I.5 16 17 18 19 20 21 22 23 24 25 26 27 28 0 a WHEREAS, the City Council finds that the proposal by the Zone 5 propeQ satisfies the requirements of the Growth Management Ordinance. WHEREAS, the City Council finds that issuance or approval of bui development permits within Zone 5 in the absence of guaranteed finan improvement of Palomar Airport Road from Melrose Avenue to Business Park view of the failure of this facility to conform to the adopted performance standar be detrimental to the public health, safety, and welfare; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C California that: 1) 2) The above recitations are true and correct. The Mayor is authorized to sign and execute the attached Agreemc guarantees funding for improvements to Palomar Airport Road from El Caminc Business Park Drive. 3) The property owners in Zone 5 who guarantee the finan improvement of this road segment shall be eligible for reimbursement from owners in other Local Facility Management zones of the City of Carlsbad if t Facilities Management Plans for those zones indicate that traffic from future devc of those zones would impact this road segment. .... .... .... -..- .... 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 0 0 4) Funding assistance for improvement of this road segment may be from other sources, and the City will investigate all reasonable and appropriate sources of funds to aid in this effort; however, ultimate responsibility for finan road segment rests with the Zone 5 property owners. PASSED, APPROVED AND ADOPTED at a regular meeting of the ( City Council held on the 24th day of April , 1990 by the vote, to wit: AYES: Council Members Lewis, Kulchin, and Larson NOES: Council Member Pettine ABSENT: Council Member Mamaux i /? Y., / Y/(d &/I/ CLAUDE A! LEWIS, Mayor ATTEST: 21 22 23 24 25 26 27 28 (SEAL) 3. 0 0 ,I FORWARD FUNDING, MITIGATION AND REIMBURSEMENT AND CONSTRUCTION OF PALOMAR AIRPORT ROAD EAST AGREEMENT FOR THE COST OF ENGINEERING , 1990, t and among those Zone 5 Property Owners described on Exhibit "A" hereto, here referred to collectively as the "Contributing Owners" and the City of Carlsbad, a municip corporation of the State of California, hereinafter referred to as the "City." THIS AGREEMENT is entered into this day of RECITALS WHEREAS, the City has established a Growth Management System, together wi ordinances and policies implementing same (hereinafter "City's GMS') which includc public facility performance standards which must be continually satisfied in order to allc further development, including issuance of building permits and other developme entitlements, for development to proceed in various development zones throughout tl City; WHEREAS, the City has verified that a portion of Palomar Airport Road, eastei from the intersection of Palomar Airport Road and El Camino Real to the City lim (hereinafter "PAR East"), is not meeting applicable performance standards and as a res1 no development or building permits may be issued within Zone 5 until PAR East is fu improved or acceptable guarantees of financing for its improvement is achieved accordance with the City's GMS; WHEREAS, the Contributing Owners own developable property within Zone 5 ai have been requested by the City to provide financial assurances for a portion of the func necessary to construct PAR East; and WHEREAS, the Contributing Owners, are willing to provide certain financ assurances and commitments, in combination with those commitments and assurancl from the City, as hereinafter enumerated to provide the necessary assurances ai guarantees to fully mitigate and satisfy the Crty's GMS with respect to PAR East; parties agree as follows: NOW, THEREFORE, in consideration of the mutual promises contained herein, t~ 1. Recitals Incorporated bv Reference. The foregoing Recitals are incorporated herein by this reference ai represent a general statement of the intent and scope of this Agreement requiring muti and reciprocal commitments by the Contributing Owners and the City respectii satisfaction of the City's GMS as it relates to Zone 5 and PAR East. 0 m t 2. PAR East Improvements. 2.1 The scope of the PAR East improvements, (hereinaft "Improvements"), to be designed and constructed by the City shall include: grading for full 126 foot right-of-way; construction of paved travel lanes to a total number of four (4), tv (a) (b) (2) in each direction; (c) (d) (e) eighteen (18) foot AC paved median with curb and gutter; and appurtenant shoulder protection and normal drainage; all necessary improvements and grading necessary to accompli The parties acknowledge and agree that City shall use its best efforts to minimize ti design and construction costs consistent with reasonable design standards ai engineering specifications and the Improvements shall not include Palomar Airpc Road/El Camino Real intersection improvements or any improvements outside the C limits. Development projects in the City of San Marcos have been sufficiently condition( to provide the needed facilities outside of the Carlsbad city limits. The Improvements are more specifically described and shown on t Improvement Description attached hereto as Exhibit IIB'I and incorporated herein by tt reference. needed roadway construction. 2.2 2.3 The cost of design and construction of the Improvements, hereinafter defined (the "Improvement Costs") is presently estimated to be Three Millic Eight Hundred Forty-Seven Thousand Five Hundred Fifty-Four Dollars ($3,847,55 Estimate is subject to change based on result of design effort. 2.4 Contributing Owners agree to deposit additional funds or increa bonds if the estimate is increased. This shall be done upon 30 days notice to t contributing owners by the City. 3. Improvement Fundina Sources. 3.1 City will make available all San Diego Regional TransNet Funds (Prc A) allocated to this project. City agrees to use its best efforts to attempt to secure t maximum amount of such funds. The current programmed allocation is estimated to fifty percent (50%) of the total project cost, and is subject to change, and is under t control of San Diego Association of Governments (SANDAG). 2 a 0 3.2 Contributing Owners will pay for the project by depositing cash with tt- City in the aggregate amount of the actual cost minus the TransNet allocation, currei estimate is One Million Nine Hundred Twenty-Three Thousand Seven Hundred Sevent Seven Dollars ($1,923,777) [Note: Subject to adjustment based on Sections 2.3 and 3. for the purpose of assuring each Contributing Owners' advance funding of tt Improvements. The money will be deposited with City within thirty (30) days of writtc notice that the City Council has approved the plans and specifications and authorized tt advertisement of bids for the project. Contributing Owners shall deliver to City by May 24, 1990 one ( more surety bonds substantially in the form attached hereto as Exhibit "C", (hereinaft the "Surety Bonds") in the aggregate amount of One Million Nine Hundred Twenty-Thrc Thousand Seven Hundred Seventy-Seven Dollars ($1,923,777). The Surety Bonds sh be issued for the benefit of the City to guarantee Contributing Owners payment obligatic under Section 3.2, unless the Surety Bonds are earlier released pursuant to Section 3 below. 3.3 3.4 Each Contributing Owner shall be individually responsible for I payment, Surety Bond and contribution in the amount set forth opposite its name ( Exhibit "A" hereto and shall have no liability for the failure of any other individL Contributing Owner to make its payment provide its Surety Bond or any other obligatic hereunder. 3.5 No award of a construction contract for the improvements will be ma( until such time as all funds are on deposit with the City. If funds have not been depositc as required by this agreement, no further development or building permits will be issue The Surety Bonds shall have an expiration date no sooner than 01 (1) year following completion and City acceptance of the Improvements. The C presently anticipates completing the design and commencing construction during thc quarter of - Notwithstanding Section 3.4 above, the Surety Bonds shall be earli 3.6 quarter of 1991 and completing construction during the 3.7 released by the City and canceled upon the earlier to occur of the following; (a) Substitution of another form of financial guarantee reasonat acceptable to the City; including but not limited to; Community Facilitil District, hereinafter 'CFD', 191 3/15 Act Assessment District. (b) Deposit of cash required for improvement and completion project. 3 0 e (c) Individual owners may substitute a cash deposit for its individu bond. 3.8 Provided the Surety Bonds have not been earlier released pursua to section 3.7 above, the City may call the Surety Bonds to the extent funds a necessary to finance the Contributing Owners' share of the Improvement Costs whic have not been deposited as required by section 3.2 or otherwise provide to Cib satisfaction. City shall first give each Contributing Owner and its Surety, thirty (30) da prior written notice of its intention to call the Surety Bonds. 4. Alternate Financing Sources. City and Contributing Owners agree to use their best efforts to consid alternate financing sources which will finance the Contributing Owners' share of tt Improvements Such alternate financing sources may include alternatives such as a; Cit Wide CFD program, a Zone 5 CFD program or other financing alternatives. City ar Contributing owners will also investigate the feasibility of financing the Zone 5 park fc obligation referenced in the existing Zone 5 Facilities Plan and equitably spread all Pa Fee related costs to all Zone 5 properties remaining to be developed. The purpose ar intent is to attempt to substitute the alternate financing sources, as it relates to financir for the Improvements, for the Surety Bonds and the financial assurances of Contributir Owners herein. 5. Reimbursement Proaram. 5.1 The parties hereto acknowledge the need for an equitab funds to the construction of the Improvements, or to proportionately reduce the amou of the Surety Bonds. The reimbursement program involves implementation by the Ci through its ordinances, policies and state law, and may include, but is not necessar limited to growth management and zone fees, subdivision exaction fees, benefit area fet or other programs intended to reimburse Contributing Owners for any advances mac that should be equitably spread on other undeveloped property. reimbursement program to reimburse the Contributing Owners who actually contribu 5.2 City will use its best efforts to impose as a condition of approval all future development, including but not limited to zone plans, and subdivision maps, the extent lawful and within its municipal powers, on each property, (other than tt property of Contributing Owners hereof) which impacts PAR East a fee or other exactic representing each property's proportionate share of the "Improvement Costs" i hereinafter defined. These fees shall be collected by City and when so collected shall 1: distributed to repay to the Contributing Owners their proportionate share of lmprovemei Costs or to proportionately reduce the Surety Bonds, as the case may be. The Ci agrees to pay Contributing Owners or otherwise credit the Surety Bonds such amount 4 e 0 .. .. collected within thirty (30) days of their receipt. This reimbursement program shall remai in effect until the earlier of (a) the remaining reimbursement amount has been ful satisfied or (b) twenty (20) years from the execution of this Agreement. Improvement Costs and Annual Adiustment. 6.1 6. "Improvement Costs" as used herein shall include, but are not limite to, costs for design, administration of construction contracts, and actual construction f the Improvements, less the City provided funds referred to in Section 3.1 above. "Improvement Costs" shall be documented by copies of all invoicc and payments and shall be based upon actual quantities of contract items constructe in accordance with the plans and specifications and contract unit prices. 6.3 City, as soon as practicable following completion of tF Improvements, will submit to the Contributing Owners an accounting of all lmprovemei Costs incurred for the Improvements. Said Costs shall be for any reimbursements mac during the calendar year of completion and acceptance. Provided however, commencin each January 1 thereafter, the Improvement Cost shall be increased based on an increases in the Construction Cost Index for the Los Angeles/San Diego area, (1 91 3 equi 100) published by the Engineering News Record ("CClll) using the monthly inde published immediately prior to each subsequent calendar year as the "comparison index for the preceding calendar year. The parties agree and acknowledge that this metho of indexing Improvement Costs of construction using the CCI is fair and equitable to th other contributing parties as it most nearly reflects the actual cost of construction as ma exist from time to time. In the event the CCI is discontinued, then the City an Contributing Owners shall reasonably agree on a substitute index or method of indexin for delayed future reimbursement payments. 6.2 In no event shall the Improvement Costs as adjusted annually be less than that calculate 7. Personal to Contributina Owners. The parties acknowledge and agree that the obligations, reimbursemer rights and entitlements provided for herein shall be personal to the Contributing Owner and such rights shall not, unless expressly assigned in writing by the Contributin! Owners, and such assignment is approved by the City, inure to the benefit of futurl owners or transferees of all or any part of their respective properties. Liability under thi Agreement shall not be joint and several among the Contributing Owners, and eac participant shall be liable for its contributive share only as outlined on Exhibit "A1 heretc 5 .. e e 8. Miscellaneous. 8.1 A demand upon, payment or notice required or permitted to be givE by one party to the other shall be in writing and shall be deemed effective (a) on person delivery (b) on the third business day after mailing by certified or registered United Stat€ mail, postage pre-paid, return receipt requested or (c) on the succeeding business & after mailing by Express Mail or after deposit with a commercial delivery service 1 general use, all postage or fees pre-paid and addressed to the parties at the addresse below: If given to Contributing Owners: At the addresses set forth on Exhibit "A" hereto. City Manager City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 If given to City: Notice of change of address shall be given by written notice in the manner set forth i this paragraph only. 8.2 This Agreement constitutes the entire agreement among the partie hereto pertaining to subject matter hereof, and all prior and contemporaneou agreements, representations and understandings of the parties hereto or the written ar hereby supersede and merged herein. No supplement, modification or amendment c this Agreement shall be binding unless in writing and executed by the parties hereto. This Agreement shall be construed in accordance with and governe by the laws of the State of California. This Agreement shall be deemed made an entered into in San Diego County, which shall also be deemed to be the sole prope venue for any action or proceeding relating to the Agreement. 8.3 8.4 In the event any action shall be instituted in connection with thi Agreement, the party prevailing in such action shall be entitled to recover from the othe party all of its costs of action including reasonable attorneys fees as determined by thl court, in addition to any other damages or remedies as to which said party is entitled. Contributing Owners and City acknowledge that it may be necessar to execute additional documents or other writings in order to perform this Agreement an( in connection with determining the final Improvement Costs and/or the periodi. adjustments thereto. City and Contributing Owners hereby agree to cooperate with eact other by executing such other documents or taking such other action as may bt reasonably necessary to provide for reimbursement of the Improvement Costs and fo completion of the construction of the Improvements. 8.5 6 4. 0 L *. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on tl day and year first written above. CITY OF CARLSBAD, A Municip Corporation of the State California By: CLAUDE A. LEWIS, Mayor City of Carlsbad CONTRIBUTING OWNERS See Exhibit "A' - signatures APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney AlTEST: ALETHA L. RAUTENKRANZ, City Clerk 7 '. rn EXHIBIT A Contributins ProDertv Owners List to be provided by property owners m - . ,’ *. EXHIBIT B Palomar Airport Road East Scope Of Work The design and construction of Palomar Airport Road from the intersecti of Palomar Airport Road and El Camino Real to the Easterly City limits mu include the following improvements; 1. Necessary environmental assessment and mitigation 2. 3. Grading to full prime arterial standards (126 feet ROW) 4. Construction of four (4) paved travel lanes, two (2) in ea 5. Eighteen (18) foot AC paved median with curb and gutter 6. Necessary intersection improvements including sign Right-of-way acquisition to accommodate construction direction modifications at: A. Palomar Airport Road and El Camino Real B. Palomar Airport Road and El Fuerte Sufficient roadway transitions to accommodate widening on Camino Real to Palomar Airport Road protection roadway construction 7. 8. Construction of required drainage structures and should 9. Any earthwork and grading necessary to accomplish need 0 m EXHIBIT C Surety Bond (Form of bond to be provided by property owners)