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HomeMy WebLinkAbout2002-10-22; City Council; 16938; Cannon Rd & Car Country Dr Traffic SignalCITY OF CARLSBAD - AGENDA BILL 4B# 16,938 TITLE: APPROPRIATION OF FUNDS FOR A TRAFFIC SIGNAL AT PROJECT NO. 3906 YITG. 10/22/02 IEPT. ENG CANNON ROAD AND CAR COUNTRY DRIVE RECOMMENDED ACTION: CITY MGR. Adopt Resolution No. 2002-309 appropriating funds in the amount of $125,000 from the General Capital Construction (GCC) fund for the design and construction of the Cannon Road and Car Country Drive Traffic Signal, Project No. 3906. ITEM EXPLANATION: As part of the conditions of approval for the Car Country Expansion development project (CT 87-03), Carltas Development Company was required to bond for the construction of a traffic signal at Cannon Road and Car Country Drive. The traffic signal design for this location was included in the project plans (Drawing No. 285-2C) but the signal was not installed since traffic conditions in 1988 did not warrant installation. The Traffic Signal Improvement Agreement, dated May 9, 1988, states that release of the developer’s bond is contingent upon the developer’s payment of $92,000 to the City (which was the estimated cost of the traffic signal in 1988). With the connection of Faraday Avenue to Cannon Road, the traffic on Cannon Road has increased significantly since 1988. The subject intersection was ranked #2 on the City of Carlsbad 2002 Traffic Signal Qualification List. Cannon Road Reach 2B is tentatively scheduled to be complete and opened to traffic between Faraday Avenue and El Camino Real by April 2003. A traffic signal at Cannon Road and Car Country Drive is now necessary to assign right-of-way at this intersection. On August 14, 2002, the Traffic Engineer notified Carltas Development Company that the future traffic signal at Cannon Road and Car Country Drive was warranted and necessary. The developer has elected to pay the City the cost of the traffic signal per the requirements of the Traffic Signal Improvement Agreement and has sent a check for the amount of $92,000 to the City. City staff will now proceed with the re-design of the traffic signal plan to meet current standards and construction costs of the traffic signal as a Capital Improvement Project. ENVIRONMENTAL REVIEW: This project is a Class 1 categorical exemption and is, therefore, exempt from the environmental review process under provisions of the California Environmental Quality Act (CEQA), Section 15301 (9. A Notice of Exemption will be issued by the Planning Director. FISCAL IMPACT: General Capital Construction Fund (GCC) fund appropriations totaling $1 25,000 are required for the design and construction of the traffic signal. The developer has contributed $92,000 toward the cost of the signal. The City’s cost will be approximately $33,000, which reflects the increase in cost of construction and the additional features that the City now requires at new signals such as video detection and battery back-up. There are sufficient GCC funds available for the appropriation. EXHIBITS: 1. Location Map. 3. Resolution No. 2002-309 appropriating $125,000 from the General Capital 2. Traffic Signal Improvement Agreement, dated May 9, 1988. Construction Fund (GCC). LOCATION MAP NOT TO SCALE PROJECT NAME: PROPOSED TRAFFIC SIGNAL AT CANNON ROAD AND CAR COUNTRY DRIVE PROJECT NO. 3906 EXHIBIT 1 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 TRAFFIC S'IGNAL IMPROVEMENT AGREEMENT . . . DATE OF AGREEMENT: TRAFFIC SIGNAL (S) LOCATION: Cannon Road and Car Country Road ESTIMATED COST OF TRAFFIC SIGNAL(S): $92,000.00 SURETY AND BOND NO.: GOLDEN EAGLE INSURANCE COMPANY - SUR 07 40 46 . THIS AGREEMENT is made and entered into by and between the City of Carlsbad, California, a Municipal Corporation of the State .of California, hereinafter referred to as City, and the Developer named on Line 2 of Page 1 hereof, hereinafter referred to as DEVELOPER. 1 RECITALS: WHEREAS, DEVELOPER has presented to CITY for approval plans and appl icat ion of the Development named on Line 3 and 4 of Page 1 hereof, hereinafter referred to as DEVELOPMENT, which DEVELOPMENT is hereby referred to and incorporated herein; and WHEREAS, DEVELOPER has requested approval of DEVELOPMENT prior to the construction of certain traffic signal improvements to be located as stated on Line 5 of Page 1 hereof, which is appurtenant to said DEVELOPMENT and is in part necess.ary to regulate, the traffic generated by .said DEVELOPMENT. . _. NOW, THSREFORE, for and in consideration of the approval of said DEVELOPMENT by CITY and in order to insure satisfactory performance by DEVELOPER of DEVELOPER'S obligations in regard to said signal (s), CITY and DEVELOPER agree as follows: 1. DEVELOPER shall pay CITY the cost to CITY, not to exceed the amount stated on Line 6 of Page 1 hereof, of providing said traffic signal(s) 3 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .. 1.1 ‘Upon receipt of notice from CITY that construction of said signal(s) is required, DEVELOPER shall wilthin five (5) days deposit the maximum payment required by this agreement for that signal(s) with the CITY. .1.2 CITY shall cause the completion of all necessary work and installation drawing on DEVELOPER‘S deposit for all .costs incidental thereto. - 1.3 Upon completion of a1 1 work and upon final acceptance by CITY thereof, CITY shall make a final accounting of all costs. Any balance remaining in DEVELOPER’S deposit after payment of all costs shall be refunded to DEVELOPER. 2. Concurrently with the execution hereof to secure DEVELOPER‘S obligation hereunder, DEVELOPER shall provide to CITY a surety bond or bonds in favor of City in the total amount as stated on Line 6 of Page 1 hereof. The surety and the form of said bond. shall be satisfactory to the City Attorney. 3. Upon deposit by DEVELOPER of the payment of payments required hereby, CITY shall deliver to DEVELOPER necessary documents for releasing the security corresponding to the payment received by CITY. 4. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of DEVELOPER’ and C-ITY; and references’ to DEVELOPER or’ CITY herein “shall. b’e deemed to be reference to and include their respective successors and assigns without specific mention of such successors and assigns. If DEVELOPER should cease to have any interest in the property, all obligations of DEVELOPER hereunder shall -.terminate; provided, however, that any successor of DEVELOPER‘S interest in the property shall have first assumed in writing the DEVELOPER’S 2 9 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 _. .. __ __..________ an .. ob1 igations hereunder and shall,.. have complied with the security requirements set out in Paragraph 2 hereof. '.* 5. CITY shall make reasonable efforts to obtain contributions for said traffi-c signal (s) from the owners of the property located adjacent to said traffic. signal(s) when and if said owners seek discretionary authorization from CITY for development thereof. Said contributions will be sought in an amount not to exceed fifty percent (50%) of the final cost to DEVELOPER of said signal (s) and to the extent said contributions are obtained, CITY shall reimburse DEVELOPER in an amount not to exceed said contributions after appropriate deductions. therefrom for costs of processing and administration. IN WITNESS WHEREOF, this agreement is executed by the 'CITY OF CARLSBAD, acting by and through its City Manager, pursuant to the Carlsbad Municipal Code 'authorizing such execution and by DEVELOPER. DATED this 9th day o 1 . lea COUNTY STATE OF OF CALIFORNIA 8 - rin Die be attac.hed.) I - ,pereonally known to me (or proved lo me on the baala of sallefaclory rvldenca) lo be the persona who exowled the wlthln IneI~UmOnt as :E PreJden(eCIA~,$~,el~rd, on behell d '. ;:. d .. I ,, '8 Carltas Development Company I mmuni ty or for T, City Manager the corporallon thereln named, snd acknowledged lo me lhat *uchcorporatlon executed thevrlthln instrument pureuant l&f8 by-law8 or e resolullon of Its board of dlreclora ! WlTlirESS my hand arid offlclal seal. i Uhls area for offklal nolarlal seal) 5 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. 2002-309 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROPRIATING FUNDS FOR THE DESIGN AND CONSTRUCTION OF THE CANNON ROAD AND CAR COUNTRY DRIVE TRAFFIC SIGNAL. PROJECT NO. 3906. WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary, desirable, and in the public interest to construct a traffic signal at the intersection of Cannon Road and Car Country Drive, the "Project"; and WHEREAS, the Project was ranked second in the City of Carlsbad 2002 Traffic Signal Qualification List; and WHEREAS, the estimated cost for the Project is $125, 000; and WHEREAS, the May 9, 1988 Traffic Signal Improvement Agreement between the City of Carlsbad and the Carltas Development Company requires the developer to contribute $92,000 toward the cost of the traffic signal; and WHEREAS, the required contribution of $92,000 has been received by the City; and WHEREAS, funds in the amount of $125,000 are available in the General Capital Construction Fund (GCC) for the design and construction of this traffic signal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: That the above recitations are true and correct. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. The Finance Director is hereby authorized to appropriate $125,000 from the General Capital Construction Fund (GCC) to the traffic signal project account and to increase the budgeted revenues by $92,000. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 22nd day of OCTOBER , 2002 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall (SEAL)