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HomeMy WebLinkAbout2002-06-11; City Council; 16782; Reimbursement to Laurel Tree Apartments, LPCITY OF CARLSBAD - AGENDA BILL I .E# 16,782 ITG. TITLE: AUTHORIZATION OF REIMBURSEMENT TO IEPT. ENG FOR THE CONSTRUCTION OF MASTER PLANNED DRAINAGE 611 1/02 CARLSBAD LAUREL TREE APARTMENTS LIMITED PARTNERSHIF FACILITIES ADJACENT TO AVIARA PARKWAY, PROJECT NO. 38041 CITY ATTY. CITY MGR. I RECOMMENDED ACTION: Adopt Resolution No. 2002-168 authorizing the Finance Director to reimburse facilities installed adjacent to Aviara Parkway. Carlsbad Laurel Tree Apartments, L.P., $69,106 for the construction of master planned drainage ITEM EXPLANATION: Carlsbad Laurel Tree Apartments, L.P., comprised of the MAAC Project and the Catellus Residential In connection with the development of the Laurel Tree Apartment project, SDP 95-01, Group, constructed a 66 and 72" storm drain, as required by condition 32 of Planning Commission Resolution 3812. The Master Drainage Plan shows an enhanced natural channel for this reach. Construction of the underground facility was a decision by the developer to provide increased developable area. In accordance with the City's Drainage Ordinance, reimbursement for master planned drainage facilities is limited to the actual cost to construct the facility or the cost of the facility as estimated in the Drainage Master Plan, whichever is less. The ordinance also includes provisions for revising the cost estimate and fee amounts in cases where the actual cost significantly exceeds the estimated cost of the facility. The partners of Carlsbad Laurel Tree Apartments, L.P., have agreed in writing to accept the estimated construction cost of $69,106 for the original master (refer to letters attached as Exhibits 3 and 4). planned drainage facility as full reimbursement in lieu of amending the Master Drainage Plan FISCAL IMPACT: Carlsbad Laurel Tree Apartments, L.P., submitted documentation of $295,923.47 in costs associated with the construction of the 66 and 72" storm drain. However, Carlsbad Laurel Tree Apartments, L.P., elected not to pursue reimbursement of costs in excess of the estimate for the enhanced natural channel, which totals $69,106. There are sufficient PLDA Area C funds appropriated for this reimbursement. Staffs estimate of the costs for an enhanced natural channel are reflected in Table 1. I Page 2 of Agenda Bill No. 16,782 ENVIRONMENTAL REVIEW The reimbursement for a previously constructed facility is exempt from CEQA under Section 15061 (b)(3) since the reimbursement \hill have no effect on the environment. EXHIBITS: 1. Location Map. 2. Resolution No. 2002-168 Laurel Tree Apartments, L.P., $69,106 for the construction of master planned drainage authorizing the Finance Director to reimburse Carlsbad facilities installed adjacent to Aviara Parkway. 3. Letter from Catellus Residential Group dated December 28, 2000. 4. Letter from MAAC Project dated December 28, 2000. 3 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. 2002-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING REIMBURSEMENT TO CARLSBAD LAUREL TREE APARTMENTS, L.P., FOR THE ADJACENT TO AVIARA PARKWAY. PROJECT NO. 38041. CONSTRUCTION OF MASTER PLANNED DRAINAGE FACILITIES WHEREAS, installation of storm drain facilities (the "Facilities") adjacent to Aviara Parkway ,elween Cobblestone Road and Laurel Tree Lane was a condition of approval for the Site Development Plan for Laurel Tree Apartments (SDP 95-01); and WHEREAS, the Master Drainage Plan includes the Facilities as an enhanced natural :hannel designated as Facility 'CFA; and WHEREAS, the Planned Local Drainage Area (PLDA) Fee Program provides for .eimbursement for the costs of constructing master planned facilities constructed by developers in ?xcess of the PLDA fees required of the development project; and WHEREAS, PLDA fees have been paid for the subject property; and WHEREAS, Carlsbad Laurel Tree Apartments, L.P., installed the Facilities; and WHEREAS, Carlsbad Laurel Tree Apartments, L.P.. has requested reimbursement in the mount of $69,106 for the construction of the Facilities; and WHEREAS, an Engineer's cost estimate was prepared and reviewed and the 'ublic Works Director approves reimbursement in the amount of $69,106; and WHEREAS, there are sufficient appropriations available for reimbursement in the City's :spital Improvement Program (CIP) through the PLDA Fee Program for the construction of the -acilities, referenced as CIP Project No. 38041; and WH'EREAS, the Public Works Director requests that the City Council authorize the -inance Director to reimburse Carlsbad Laurel Tree Apartments, L.P., in the amount of $69,106 or the construction of the Facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, :alifornia, as follows: 1. That the above recitations are true and correct 2. That adequate funds are available in the City's Capital Improvement Program to ,eimburse Carlsbad Laurel Tree Apartments, L.P.. for the construction of the Facilities. 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 20 3. That the Finance Director is hereby authorized to reimburse Carlsbad Laurel Tree Apartments, L.P., in the amount of sixty-nine thousand, one hundred six dollars ($69,106) from Planned Local Drainage Area C for the construction of the Facilities. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 11th day of JUNE , 2002 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall J i December 28,2000 CATELLUS Ms Michele Masterson Management Assistant City of Carlsbad 1635 Faraday Carlsbad. CA 92008 RE: Laurel Tree Apartments Storm Drain Reimbursement Dear Ms Masterson: In regards to our request for reimbursement from the City of Carlsbad for the installation and additional costs of the storm drain on the above referenced project. As representative of Carlsbad Laurel Tree Apartments, LP for Catellus Residential Group, I hereby agree to the reimbursement amount of $69,106. In addition I also agree that we will not pursue any further reimbursement from the city for this scope of work. Upon issuance of the reimbursement check of $69,106, please forward directly to our partner MAAC Projects. If you have any questions or need any additional information, please feel free to contact me. Sincerely, Dianne Greer Cc: David Hauser, City of Carlsbad b SoCIpig SERVI AGENCY 8 9 B .yarm& "*&$$&$ COMMUNITY DEVELOPMENT 22 West 35th Street, Suite 200, National City, CA 91950 (619) 426-3595, Fax (619) 422-7210 December 28.2000 Ms Michele Masterson Management Assistant City of Carlsbad 1635 Faraday Carlsbad, CA 92008 RE: Laurel Tree Apartments Storm Drain Reimbursement Dear Ms Masterson: This letter is in regards to our request for reimbursement from the City of Carlsbad for the installation and additional costs of the storm drain on the above referenced project. MAAC Project, as Managing General Partner of the Carlsbad Laurel Tree Apartments Limited Partnership, hereby agrees to the reimbursement amount of $69,106. In addition we also agree that we will not pursue any further reimbursement from the city for this scope of work. Please issue the reimbursement check of $69,106 directly to the Carlsbad Laurel Tree Apartments Llmited Partnership cio IvlAAC Project, attention: Shelly Skirvin, Senior Asser Manager. If you have any questions or need any additional information, please feel free to contact either me at (619) 565-4541 x 231. Sincerely, Ana Baiz-Torres Executive Vice President - MAAC Project ~~UI~t4~ WORKFORCE PARTNERS HI^ 9AN OlErO