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HomeMy WebLinkAbout2003-09-23; City Council; 17315; Acceptance of Cannon Rd ImprovementsCITY OF CARLSBAD - AGENDA BILL I i~# 17,315 ATG. 9/23/03 IEPT. ENG TITLE: ACCEPTANCE OF CANNON ROAD REACH 2, SEGMENT 2, IMPROVEMENTS AS COMPLETE, AUTHORIZATION TO RECORD NOTICE OF COMPLETION AND AUTHORIZATION TO REPAY A PORTION OF THE GENERAL FUND LOAN TO BRIDGE AND REIMBURSEMENT PROJECT NO. 31841 THOROUGHFARE DISTRICT NO. 3, CT 97-1 6A AND CIP DEPT. HD. CITY ATTY. @ CITY MGR. % - RECOMMENDED ACTION: Adopt Resolution No. 2003-246 accepting the construction of Cannon Road Reach 2, Segment 2, Sta. 73+80 to 111+66, as complete, authorizing the recordation of a Notice of Completion, and authorizing repayment of a portion of the General Fund loan to Bridge and Thoroughfare District No. 3, Project No. CT 97-16A, CIP Reimbursement Project No. 31841. ITEM EXPLANATION: On June 12, 2003, the developer of CT 97-16A, Shea Homes Limited Partnership, a California Limited Partnership (Shea Homes), completed the work on Cannon Road Reach 2, Segment 2, Sta. 73+80 to 11 1+66 as listed in Improvement Agreement No. SECOIOSI, Drawing Numbers 333-26, 333-2GE and 396-2. The work performed by Shea Homes consisted of the construction of Cannon Road between Frost Avenue and Faraday Avenue, Cannon Road is a Circulation Element roadway. City staff has inspected the work on Cannon Road and found it to be satisfactory. The Carlsbad City Council adopted the Circulation Element of the General Plan as a way to ensure a comprehensive manner and method for the circulation of people, goods, energy, water, sewage, storm waters, communications and services across and throughout the City. On February 27,2001, City of Carlsbad Council Policy Statement No. 63 (Policy 63) was issued to establish a policy on the acceptance or conditional acceptance of Circulation Element roadways or portions of such roadways into the City’s street system. Policy 63 states that City Council shall consider the policies of the General Plan, the standards of the Growth Management Plan, the safety and needs of the traveling public, which in the opinion of the City Council are necessary and appropriate for the orderly, safe and efficient development of the circulation system. Policy 63 requires formal City Council acceptance of Circulation Element roadways into the City’s street system. FISCAL IMPACT: After City Council’s acceptance of the above-described segment of Cannon Road, the maintenance of the road will be performed by existing City maintenance crews. Acceptance of these improvements triggers one of the reimbursement clauses included within the Cannon Road Reimbursement Agreement with the Kelly Land Company, dated December 15, 1998. Pursuant to section 7(g) of the reimbursement agreement, the City is obligated to pay any remaining and unpaid portion of reimbursable expenses for reimbursable work on Reach 2 of Cannon Road within three years of the date of final acceptance of the project Cannon Road improvements, whether or not sufficient funds have been collected through the proceeds of Bridge and Thoroughfare District No. 3 (B&TD#3, or the “District”). The total remaining amount of reimbursable expenses for the Cannon Road improvement is $1,979,056. Existing B&TD#3 funds (exclusive of Gas Tax loans) are available to reimburse the developer for $1,145,211 of this total. The remaining contingent obligation to the City is $833,845 (less any future fee revenues received into B&TD#3). I Page 2 of Agenda Bill No. l7r 315 City Council previously authorized a loan from the Gas Tax fund of $2 million to fund B&TD#3 improvements. Since the maximum amount needed for the future obligation to the District is $833,845, staff is requesting Council authorization to make an immediate repayment of $1 million of the Gas Tax loan to B&TD#3. The remaining $1 million of the loan is needed to pay the City’s reimbursement obligation in the event sufficient additional revenues are not received within the three-year repayment timeframe. It is anticipated that the district will receive adequate revenues to satisfy the remaining reimbursement obligation and repay the remaining $1 million of General Fund loan at build-out of the properties within the district. EXHIBITS: I. Location Map. 2. Resolution No. 2003-246 accepting the construction of Cannon Road Reach 2, Segment 2, Sta. 73+80 to 11 1 +66, as complete, authorizing the recordation of a Notice of Completion and authorizing repayment of a portion of the General Fund loan to Bridge and Thoroughfare District No. 3, Project No. CT 97-16A, CIP Reimbursement Project No. 31841. 3. Notice of Completion. 4. Acceptance of Public Improvements DEPARTMENT CONTACT: SKIP HAMMAN N, (760)602-2780 X732 1, shamm@ci.carlsbad.ca.us LO CAT1 0 N MAP cm OF ocUNsloE NOT Tb SCALE 1 VICINITY S of os PROJECT NAME KELLY 1 2 3 4 5 6 7 a 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2a Z,p.J!$2 -< I 2 RESOLUTION NO. 2003-246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING THE CONSTRUCTION OF CANNON ROAD REACH 2, SEGMENT 2, STA. 73+80 TO A NOTICE OF COMPLETION AND AUTHORIZING REPAYMENT OF A PORTION OF THE GENERAL FUND LOAN TO BRIDGE REIMBURSEMENT PROJECT NO. 31841. 11 I +66, AS COMPLETE, AUTHORIZING THE RECORDATION OF AND THOROUGHFARE DISTRICT NO. 3, CT 97-16A, CIP WHEREAS, the construction of Cannon Road Reach 2, Segment 2, Sta. 73+80 to 11 1+66 has been completed to the City’s satisfaction by Shea Homes Limited Partnership, a California Limited Partnership; and WHEREAS, Cannon Road, Reach 2, Segment 2, Sta. 73+80 to 11 1+66 meets the criteria Df a circulation element roadway as defined in the City’s General Plan and Council Policy No. 63; and WHEREAS, Council Policy No. 63 requires formal City Council acceptance of Circulation Element roadways into the City’s street system; and WHEREAS, the formal project Notice of Completion has been prepared; and, WHEREAS, City Council has previously authorized the loan of $2 million in Gas Tax ?evenues to Bridge and Thoroughfare District No.3 (“B&TD#3); and, WHEREAS, a recently completed financial report of B&TD#3 concludes that only $1 million is required to complete the financing of the B&TD#3 improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, Salifornia, as follows: 1. That the above recitations are true and correct. 2. That the construction of the public improvements on Cannon Rd., Reach 2, Segment 2, specifically identified on drawing numbers 333-26, 333-2GE and 396-2 is deemed complete md is hereby accepted into the City’s street system. 3. The City Manager of the City of Carlsbad is hereby authorized and directed to execute he Acceptance of Public Improvements and the City Clerk is directed to record the Notice of 2ompletion on Cannon Rd., Reach 2, Segment 2, Sta. 73+80 to 111+66. 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 4. That all bonds on Project No. CT 97-16A, and CIP Reimbursement Project No. 31 841 Nil1 be released in accordance with State Law and City Ordinances. 5. That the Finance Director is authorized to repay the Gas Tax fund $1 million from the wailable funds within the B&TD#3 project account. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council ield on the 23rd day of SEPTEMBER , 2003 by the following vote, to wit: AYES: Council Members Lewis, Hall, Packard NOES: None 4TTEST Pzcje 2 of 2 of Resolution No. 2003-246 (SEAL) Recording requested by: 1 1 CITY OF CARLSBAD 1 1 When recorded mail to: 1 1 City Clerk 1 City of Carlsbad 1 1200 Carlsbad Village Dr. 1 Carlsbad, CA 92008 Space above this line for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1. 2. 3. 4. 5. 6. 7. The undersigned is owner of the interest or estate stated below in the property hereinafter described. The full name of the undersigned is City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. The nature of the title of the undersigned is: In fee. A work of improvement on the property hereinafter described was completed on June 12, 2003. The name of the contractor for such work of improvement is Shea Homes Limited Partnership, a California Limited Partnership. The property on which the work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as CT 97-16A (CIP Reimbursement Project No. 318411, Cannon Rd., Reach 2, Segment 2, Sta. 73+80 to 11 1+66. CITY OF CARLSBAD Deputy Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, , 2003, accepted the above California, 92008. The City Council of said City on described work as completed and ordered that a Notice of Completion be filed. September 23 I declare under penalty of perjury that the foregoing is true and correct. Executed on September 24 , 2003, at Carlsbad, California. CITY OF CARLSBAD LORRAINE -PA/% M. WOO U City Clerk .. I 'i td? &.I AB 17,315 Resolution No. 2003-246 CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The developer has constructed the improvements required for Project No. CT 97-16A Kelly Ranch Core/Cannon Rd., Reach 2, Segment 2 (CIP reimbursement project no. 31841), Agreement Number SECOI 051, Drawing Numbers 333-26, 333-2GE and 396-2 and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS VALUE Street $1,011,806 Street Lights $16,100 Storm Drain $1 59,765 Water $506,729 Sewer $443 , 040 PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS Lloyd Hubbs, Public Works Director ?/8/& Date CITY MANAGER’S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described public improvements is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to co.mmence maintaining the above described SEP 2 9 2003 Date AROVED AS TO FORM: / 3onald R. Ball, City Attorney 7 (2570%. rzb AB 17,315 Reso No. 2003-246 Word\Masters\Forms\Acceptance of Public Improvements (City) 7