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HomeMy WebLinkAbout1993-03-16; City Council; 12109; Request For ReimbursementCONSTRUCTlON OF STORM DRAIN AT DEPT. FNG 4260 ADAMS STREET - PD 382 (YAMANAKA) PROJECT 3410 RECOMMENDED ACTION: Approve the request for reimbursement and adopt Resolution No. Cr3-5% authorizing appropriation and payment from Transnet sales tax funds. ITEM EXPLANATION: On June 19, 1992, Mr. and Mrs. Yamanaka were issued a building permit to construct a new home located at 4260 Adams Street. As a condition of building permit issuance, the Yamanakas were required to dedicate a portion of their property as public street right-of- way and to construct the public street improvements adjacent to their property. In accordance with section 18.40.070, the Yamanakas requested and were granted a deferral of their public street improvements with the exception of a storm drainage pipe and catch basin located at the northwest corner of their property. The deferral of the street improvements was granted due to the uncertainty of the street location pending the outcome of the Adams Street alignment study. The storm drain and catch basin were not deferred because the existing drainage improvements were substandard and a pipe extension and inlet modifications were necessary to accommodate grading for the future road widening and the Yamanaka’s driveway. Since the inlet and storm drain were old and not built to present day standards, the Yamanakas were required to replace the full length of pipe across Adams Street. Improvement plans were prepared and appropriate security was posted to guarantee construction of the drainage facility. During construction, it was discovered that the existing pipe was fully corroded and a significant amount of the subsoil had eroded away necessitating additional corrective action. The construction work is now complete and the Yamanakas have submitted a request for City participation and reimbursement for the storm drain installation cost. It is their claim that the storm drain construction requirement was excessive for a single family development and that replacement and repair of a damaged and substandard drain pipe is a City responsibility. City staff agrees with the Yamanakas claim and believe that some City cost sharing is warranted. The installation cost for the drainage improvements was approximately $25,000 including an assumed cost of 10% for engineering design. lf replacement of the existing substandard pipe were not required, the Yamanakas would have reasonably incurred a cost of approximately $7,000 for pipe extension, headwall and inlet construction and engineering design. Staff is therefore recommending that the City contribute $18,000 towards the cost of replacing and rehabilitating the damaged and substandard pipe. Funds are available in the current budget from Transnet sales tax revenues. These funds were allocated to construct miscellaneous drainage improvements to protect local streets from flooding and/or storm related damage. - PAGE TWO OF AB# 18, /o? FISCAL IMPACT Approval of the requested reimbursement will result in the expenditure of $18,009 from Transnet local sales tax revenues. Currently the City has appropriated $400,009 in Transnet sales tax revenues within account number 342-820-l 843-3410 for the purpose of upgrading drainage systems in local streets. Approval of this request will not result in any additional annual maintenance and operation costs over that which is already needed to maintain the existing facility. EXHIBITS 1. Location Map 2. Letter from Mr. and Mrs. Yamanaka requesting reimbursement dated 11 /17/92 3. Resolution No. 93 - 5 S. LOCATION MAP NOT TO SCALE PROJECT NAME 4260. ADAMS STREET PROJECT EXHIBIT NUMBER PD 382 1 l<eeelYw DAlc ’ ‘I 7 . \ - MiidK K. YAMANAKA, M.D., E.i.C.P. PULMONARY MEDICINE 3231 WARING COURT l SUITE D OCEANSIDE, CALIFORNIA 92056 (619)941-0221 November 17, 1992 Mr . Dave Houser Assistant City Engineer City of Carlsbad 2075 Las Palmas Drive Car 1 sbad , California 72008 Dear Mr. Houser, The required street improvements located adjacent to our property at 4260 Adams Street were recently completed as required, by the City of Carlsbad Engineering Department.. During the course of construction a problem was encountered which increased the total cost of these improvements. It appears that the west end of the ex-isting drain was plugged causing a backflow of the drainage under Adams Street, which in turn created a large tunnel parallel to the old drain. From the comments of the engineers, contractors and maintenance individuals at the site that day, if these improvements were not initiated at this time, the entire street along with the main water line and sewer line would have collapsed. This would have caused an ecological disaster based on this drains proximity to the Aqua Hedionda lagoon. This is evidence that the Citys maintenance department have been idX in maintaining this drain over the years. I have enclosed pictures of both the east and we5 t ports of the drain prior to t.he improvements which show the overgrowth of plants and debris. In view of the location of this drain and how it benefits the entire community, it is not just that we be held responsible for the entire cost of this major public street improvement. In addition, the delays that have occurred on this entire project which have originated in the Engineering department have thus for cost us more money than the total cost of this street improvement. I have enclosed the final itemized invoice for the total cost of the street improvement. We are requesting that the City of Car lsbad assume the responsibl i ty of this bill due to t.he above circumstances. We have submitted an appeal with the City Clerk's office which is on hold temporarily in the hopes that this situation can be resolved amicably. If y 0 Cl have any questions piease do not hesitate to contact us. ! ~‘lyuQ~~ly_.. i cf---- --._ Mar k K .‘- .Yamanaka, M.D. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 93-X A RESOLUTION OF THE CITY COUNCIL OF THE CR-Y OF CARLSBAD, CALIFORNIA, APPROVING THE REIMBURSEMENT FORTHE CONSTRUCTION OF THE ADAMS STREET STORM.DRAlN AND AUTHORIZING PAYMENT TO MR. AND MRS. YAMANAKA WHEREAS, on June 19, 1992, Mr. and Mrs. Yamanaka were issued a building permit to construct a new home located at 4260 Adams Street; and, WHEREAS, pursuant to City Code Section 18.40.040, the Yamanakas were required as a condition of building permit issuance to install new drainage improvements and to reconstruct an existing storm drain beneath Adams Street; and, WHEREAS, the Yamanakas paid for the construction of said drainage improvements including the preparation of construction plans for said drainage improvements; and, WHEREAS, the Yamanakas have submitted a request for reimbursement for certain costs incurred in constructing said drainage improvements; and, WHEREAS, the previous public storm drain improvements were found to be substandard and in need of repair and replacement; and, WHEREAS, adequate money exists to pay for the reimbursement costs from City Transnet Local Sales Tax Funds allocated in the 1992-93 budget for miscellaneous storm drainage improvements. NOW, THEREFORE, BE lT HEREBY RESOLVED, by the City Council of the City of Carlsbad, California, as follows: 18,000 for the 1. That the above recitations are true and correct. 2. That the City agrees to a partial reimbursement in the amount of $ construction of the Adams Street storm drain adjacent to 4288 Adams Street. III Ill . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 - 3. That the Finance Director is authorized to pay Mr. and Mrs. Yamanaka $18,000 from the Transnet Sales Tax Fund account number 342-820-l 843-3410. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 16th day of -March , 1993 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard and Finnil NOES: None ABSENT: None ATTEST: GHA L. RAUTENKRANZ, City Clerk I (SEAL) 28 II