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Home My WebLink About2000-11-07; City Council; 15945; REIMBURSEMENT FOR HIDDEN VALLEY STORM DRAIN SAMBI SEASIDE HEIGHTS CT 92-02 (PROJECT NO. 3803). * 9 > 0 a B a p 2 e 5 s . * - CITY OF CARLSBAD - AGENDA BiLL 4B# js, +/s TITLE- -- REIMBURSEMENT FOR HIDDEN VALLEY STORM DRAIN UITG. 11/07/00 SAMBI SEASIDE HEIGHTS, CT 92-02 PROJECT NO. 3803 IEPT. ENG RECOMMENDED ACTION: “Lw- DEPT. HD. CITY ATTY. Adopt Resolution No. 2000 -Jay approving a reimbursement to Sambi Seaside Heights for the construction of the Planned Local Drainage Area (PLDA) facilities located along Hidden Valley Road and appropriating additional funds from PLDA “C” fee revenue account to fund the reimbursement. ITEM EXPLANATION: On December 3, 1996, the final map for CT 92-02 (Sambi Seaside Heights), a residential development of 277 dwelling units, was approved by the City Council. As a condition of map approval, the developer was required to construct certain storm drainage facilities from the northwest subdivision boundary along Hidden Valley Road to Encinas Creek. In addition, the developer was required to install a box culvert beneath Hidden Valley Road to convey the Encina Creek drainage beneath the roadway. Both storm drain improvements are included in the Master Drainage Plan, Area C. Pursuant to the provisions of the City’s Drainage Ordinance, a developer is eligible for reimbursement for those costs in excess of the amount of the Planned Local Drainage Area (PLDA) fee obligation for the development. Since the Sambi Seaside Heights development was required to pay the full amount of the drainage fee obligation prior to final map approval, the developer is eligible to receive full reimbursement for the cost of the facilities constructed. The developer of Sambi Seaside Heights is requesting reimbursement in the amount of $451,520. The engineering firm of Berryman and Henigar was retained by City staff to conduct an audit of the developer’s expenses in relation to the construction of the drainage improvements. The results of the audit recommend reimbursement in the amount of $451,520. The cost to conduct the audit, which amounted to $5,500, was paid for by the City and is to be deducted from the reimbursable amount. The total amount of money eligible for reimbursement to the developer is, therefore, $446,020. Th e d eveloper has acknowledged that this amount represents the total reimbursement for the master planned drainage facilities constructed and this satisfies the reimbursement obligation for these facilities. Pursuant to the provisions of Section 15.08.080 of the Municipal Code, payment of any reimbursement shall be limited to the extent that funds are available through the collection of the PLDA fees. Reimbursement is also limited to the cost of the facilities as estimated in the Master Drainage Plan unless City Council revises the fee schedule accordingly. The cost of the constructed facilities as estimated in the Master Plan is $560,372 which exceeds the amount requested for reimbursement; therefore, no revision to the fee schedule will be necessary. FISCAL IMPACT: The costs incurred by the developer in constructing the required Master Planned drainage facilities, as determined by an independent audit, was $451,520. Subtracting the $5,500 cost for the consulting audit services, the total reimbursable amount due the developer is $446,020. The developer previously paid $154,511 in PLDA fees as a condition of final map approval for CT 92-02. . ’ , ’ Page 2 of Agenda Bill No. Funds in the amount of $370,000 were previously appropriated by Council in last year’s CIP for reimbursement of the Hidden Valley storm drain. The appropriation did not include funding for reimbursement of the box culvert beneath the road along Encinas Creek. Staff is, therefore, requesting appropriation of an additional $81,520 from the PLDA ‘C’ fee account to provide full reimbursement to the developer in one payment. Funds in the amount of $5,500 will be deducted from the reimbursable amount to pay for the audit services. There are sufficient unallocated funds in the PLDA ‘C’ fee account to fund the additional appropriation. EXHIBITS: 1. Location Map. 2. Letter from Berryman and Henigar recommending reimbursement amount. 3. 4. Letter from Sambi Seaside Heights requesting reimbursement. Resolution No. $mo ,329 approving a reimbursement to Sambi Seaside Heights for the construction of the Master Planned Drainage facilities located along Hidden Valley Road and appropriating additional funds from PLDA “C” fee revenue account to fund the reimbursement. a . CITY OF ENCINITAS PROJECT NAME PROJECT EXHIBIT HIDDEN VALLEY STORM DRAINAGE NUMBER FACILITIES FOR SAM81 SEASIDE HEIGHTS CT92-02 I ‘.“,’ ; \ijis:::i’,:;:~i: ~‘;‘ ‘!,.,,:: :‘:l,‘:~~i,,!‘:? I.~.. “: !i,; ~ .)/. ;--, \;:; .,,: 3 . . ’ The Fbwef to Change The Power to Build December 29, 1999 15458.00 Mr. David Hauser Assistant City Engineer CITY OF CARLSBAD Engineering Department 2075 Las Palmas Drive Carlsbad, CA 92009-I 576 SUBJECT: Sambi Seaside Heights Reimbursement Request - Audit of Engineering and Construction Expenses for the: Hidden Valley Road Storm Drain Dear Mr.. Hauser: Pursuant to our contract, we hereby submit this Audit of Engineering and Construction Expenses for the Sambi Seaside Heights Reimbursement Request. This report recommends reimbursement for the project facility in the amount of $451,520. We hereby state to the best of our knowledge, information and belief, based upon the documentation provided to us by the City of Carlsbad and Sambi Seaside Heights, that: 1. Sambi Seaside Heights constructed storm drain facilities in the Planned Local Drainage Area C as designated in the Master Drainage and Storm Water Quality Management Plan for the City of Carlsbad dated March 1994. 2. The total recommended reimbursement amount for the subject projects represent the “lesser of cost or value” and appears to be reasonable and commensurate with current costs of other projects as determined by the experience and judgment of the District Engineer. c:\program file?.\firstclass\downloadkeimb rpt -- draftdoc Beztyman & Hetnigar 3 Mr. David Hauser, City of Carlsbad Sambi Seaside Heights Reimbursement Request December 29, 1999 Page 2 As indicated on page 6 of the report, there were payments without lien release documents available for review. It is several months after the completion of the project. It is recommended that Sambi provide copies of the property records to the City indicating that there are no liens against the property or provide a signed statement indicating that there are no liens against the property as a result of labor and/or material costs incurred in the design and/or construction of the Hidden Valley Road Storm Drain. In summary, we recommend that the balance of reimbursement for the subject project be approved in the amount of $451,520. Sincerely, Berryman & Henigar H. Roger Frauenfelder, P. E. Senior Vice President c:\program files\tirstclass\download\reimb rpt -- draft.doc Sewman & Henigaf r Ptanned Community Development in Cartsbad, California July 12,200O Mr. David A. Hauser Deputy City Engineer City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 * .- ;; -yT 4 J ‘f?+ i.. : / :, : ._.... x ., -- RE: Reimbursement Request for Hidden Valley Road Storm Drain Dear Mr. Hauser; Pursuant to our discussion of 5/8/00 at your office, we, Sambi Seaside Heights, LLC now agree and accept your audit report drafted on December 1999 by Berryman & Henigar, stipulating as follows; Amount Requested $512,187.74 Mot Eligible 60,667.26 Amount Approved $451,520.48 We would appreciate if you could proceed this reimbursement payment at your earliest convenience. Manager cc: Mr. Pat O’Day ODay Consultants Sambi Seaside Heights, LLC 8641 Firestone Blvd., Downey, CA 90241 (310) 861-3808 Fax (310) 861-9432 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. zooo-329 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REIMBURSEMENT TO SAMBI SEASIDE HEIGHTS FOR THE CONSTRUCTION OF THE MASTER PLANNED DRAINAGE FACILITIES LOCATED ALONG HIDDEN VALLEY ROAD AND APPROPRIATING ADDITIONAL FUNDS FROM PLDA “c” FEE REVENUE ACCOUNT TO FUND THE REIMBURSEMENT. PROJECT NO. 3803. WHEREAS, the City Council of the City of Carlsbad, California approved the final map for Carlsbad Tract No. 92-02 on December 3,1996; and WHEREAS, the developer, Sambi Seaside Heights, is obligated to pay a Planned Local Drainage Area fee; and WHEREAS, said developer constructed Planned Local Drainage Area (PLDA) facilities along Hidden Valley Road with a cost greater than the required Planned Local Drainage Area fee; and WHEREAS, the Master Drainage Plan provides for reimbursements to the developer of PLDA facility costs in excess of the fee obligation; and WHEREAS, City Council has previously appropriated funds in the amount of $370,000 for the reimbursement of the PLDA facilities along Hidden Valley Road; and WHEREAS, the City completed an audit of the reimbursable expenses expended by the developer for the construction of the PLDA facilities along Hidden Valley Road; and WHEREAS, the developer expended $451,520 for the construction of the PLDA facilities along Hidden Valley Road; and WHEREAS, an additional appropriation of $81,520 is required to fund the reimbursement request and the cost of the consultant audit services; and WHEREAS, sufficient funds exist in the PLDA “C” fee account, to pay said reimbursement. 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 reimbursement to the developer, Sambi Seaside Heights, in the amount of $451,520 is hereby approved. 7 4 . 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 3. That an additional $81,520 is hereby appropriated from the PLDA “c” fee revenue account to fund the reimbursement. 4. That the Finance Director is authorized to make payment in the amount of $446,020 ($451,520 less $5,500 for the cost of the audit) to the developer of Sambi Seaside Heights for the construction of the PLDA facilities along Hidden Valley Road. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 7th day of November 9 2000 by the following vote, to LC&&A#lE M. WOOD, City Clerk (SEAL) wit: AYES: Council Members Lewis, Finnila, Nygaard and Kulchin CLAUDE A. Lvmay’(rr q ATTEST: ”