HomeMy WebLinkAbout1995-05-16; City Council; 13134; Legal Services Regarding Lego DevelopmentY / Cl”” OF CARLSBAD - AGEPA BILL ,O”i & e> 3
AB # 13; 13.v TITLE: APPROPRIATION OF FUNDS FOR LEGAL DEPT.kD.
MTG. 5-/b-45 SERVICES OF KANE, BALLMER & BERKMAN REGARDING THE LEG0 DEVELOPMENT CITY ATTY@
DEPT. CA AGREEMENT . ..5@&7 CITY MGRi -- RECOMMENDED ACTION: --
Adopt Resolution No. "1'?//? authorizing the transfer of $30,000 from the general fund reserves into account number 001-820-3030- 2474.
ITEM EXPLANATION
At the City Council's meeting of July 26, 1994, it authorized the Mayor to execute the agreement for legal services with the law firm of Kane, Ballmer C Berkman (Agenda Bill No. 12,796, Resolution No. 94-213) in connection with the processing and development of the Carltas Ranch Specific Plan. Additionally, it authorized the transfer of $30,000 from the general fund reserves into the City Attorney's budget to cover those costs.
Since that time the City has adopted a zone code amendment permitting the approval of development agreements under specified conditions where there exist economic, environmental, recreational, cultural or social benefits which would not be attainable without approval of the agreement.
The Council will also consider adopting a Council policy statement more particularly setting forth the procedures for processing development agreements and implementing the requirements of the ordinance for review and approval of agreements in appropriate circumstances. Among other things, it will provide for the recovery of the costs of processing and approval. Staff is also developing a standard form agreement c appropriate for future uses as well as one specific to the Carlsbad Ranch Specific Plan project. Those efforts to date have resulted in expenditures of $22,673 and pending costs of $7,723.27. This will result in expenditures exhausting the original Appropriation. The tasks have not yet been completed and it is anticipated that an additional transfer of $30,000 from the general fund reserves to the above referenced account will be necessary to complete the work already begun.
FISCAL IMPACT
The 1994-95 budget does not include funding for these services. The use of general fund reserves is recommended due to the non- recurring nature of these expenses. In certain instances it may be possible to recover a portion of these legal costs from the applicant.
EXHIBIT
Resolution No. 95-- ltci
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RESOLUTION NO. 95-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE TRANSFER OF FUNDS FROM THE GENERAL FUND RESERVE ACCOUNT TO PAY FOR LEGAL SERVICES REGARDING THE LEG0 DEVELOPMENT AGREEMENT
.
The City Council of the City of Carlsbad, California,
does hereby resolve as follows:
1. That the amount of $30,000 is hereby transferred from
the General Fund Reserve Balance to the City Attorney's
professional services account (001-820-3030-2474) to support the
cost of these services.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 16th day of MAY
1995, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
Z, City Clerk sistant City Clerk