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Home My WebLink About2009-10-20; City Council; 19999; NOC for Melrose DriveCITY OF CARLSBAD - AGENDA BILL 8 19,999 MTG. 10/20/09 DEPT. ENG NOTICE OF COMPLETION FOR THE CONSTRUCTION OF MELROSE DRIVE, PROJECT NOS. CT 99-06 & CT 98-10 DEPT. HEAD CITY ATTY. CITY MGR. (jj - RECOMMENDED ACTION: Adopt Resolution No. 2009-256 accepting the construction of CT 99-06, Palomar Forum - Melrose Drive (Forum), Drawing No. 399-4, Agreement No. SEC04062; CT 98-10, Carlsbad Raceway - Melrose Dr./Forum, Drawing No. 399-4, Agreement No. SEC04146; CT 98-10, Carlsbad Raceway - Melrose Dr./Raceway, Drawing No. 399-4, Agreement No. SEC04144 as complete, directing the City Manager to execute the Acceptances of Public Improvements and directing the City Clerk to record the Notices of Completion. ITEM EXPLANATION: 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. On February 27, 2001, City of Carlsbad Council Policy Statement No. 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 street system. This policy 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 No. 63 requires formal City Council acceptance of these Circulation Element roadways into the City's street system. Melrose Drive meets the criteria of a Circulation Element roadway. On August 1, 2006, the City Council of the City of Carlsbad approved AB 18,675 which provided for the conditional acceptance of Melrose Drive from Palomar Airport Road to the City's northerly boundary. This work on Melrose Drive as secured by Palomar Forum Associates, L.P. and Fenton Raceway, LLC has now been completed. City staff has inspected the work and found it to be satisfactory. Pursuant to CMC Chapter 11.04 Section 11.04.050(c) this acceptance does not relieve the developer from liability for any and all defects found after the acceptance of improvements, in accordance with the Improvement Agreement or any other similar agreement. ENVIRONMENTAL IMPACT: The approval of a Notice of Completion is a ministerial process and is exempt from the requirements of CEQA pursuant to Section 15268 of the State CEQA Guidelines. DEPARTMENT CONTACT: Patrick Vaughan 760-602-2780 patrick.vaughan@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED *D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 FISCAL IMPACT: Acceptance of the road obligates the City to perform the on-going maintenance of the road, which includes approximately 1.9 lane miles. For an average street, street maintenance (which includes items such as street sweeping and filling pot holes) costs approximately $6,400 per lane mile per year. Pavement management (which includes pavement overlay and slurry seals) for an average street is budgeted at approximately $4,200 per lane mile every year. The annual ongoing costs to maintain this additional road are estimated at $20,140. EXHIBITS: 1. Location map. 2. Resolution No. 2009-256 accepting the construction of CT 99-06, Palomar Forum - Melrose Drive (Forum), Drawing No. 399-4, Agreement No. SEC04062; CT 98-10, Carlsbad Raceway - Melrose Dr./Forum, Drawing No. 399-4, Agreement No. SEC04146; CT 98-10, Carlsbad Raceway - Melrose Dr./Raceway, Drawing No. 399-4, Agreement No. SEC04144 as complete, directing the City Manager to execute the Acceptances of Public Improvements and directing the City Clerk to record the Notices of Completion. 3. Acceptance of Public Improvements for CT Nos. 98-10, Carlsbad Raceway-Melrose Dr./Forum, Drawing No. 399-4, Agreement No. SEC04146 and CT 99-06, Palomar Forum - Melrose Drive (Forum), Drawing No. 399-4, Agreement No. SEC04062. 4. Notice of Completion for CT Nos. 98-10, Carlsbad Raceway-Melrose Dr./Forum, Drawing No. 399-4, Agreement No. SEC04146 and CT 99-06, Palomar Forum - Melrose Drive (Forum), Drawing No. 399-4, Agreement No. SEC04062. 5. Acceptance of Public Improvements for CT 98-10, Carlsbad Raceway - Melrose Dr./Raceway, Drawing No. 399-4, Agreement No. SEC04144. 6. Notice of Completion for CT 98-10, Carlsbad Raceway - Melrose Dr./Raceway, Drawing No. 399-4, Agreement No. SEC04144. LOCATION MAP SITE CITY OF OCEANSIDE HIGHWAY .*» SITE. PROJECT NAME MELROSE DRIVE EXHIBIT 1 1 RESOLUTION NO. 2009-256 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 " 4 5 6 7 8 9 10 11 12 13 CARLSBAD, CALIFORNIA, ACCEPTING THE CONSTRUCTION OF CT 99-06 PALOMAR FORUM - MELROSE DRIVE (FORUM), CT 98-10 CARLSBAD RACEWAY - MELROSE DR./FORUM, AND CT 98-10 CARLSBAD RACEWAY - MELROSE DR./RACEWAY AS COMPLETE. WHEREAS, the construction of Palomar Forum - Melrose Drive (Forum) as shown on Drawing No. 399-4 has been completed to the City's satisfaction by Palomar Forum Associates, L.P. on July 16, 2008; and WHEREAS, the construction of Carlsbad Raceway - Melrose Dr./Forum as shown on Drawing No. 399-4 has been completed to the City's satisfaction by Fenton Raceway, LLC on July 16, 2008; and WHEREAS, the construction of Carlsbad Raceway - Melrose Dr./Raceway as shown on Drawing No. 399-4 has been completed to the City's satisfaction by Fenton Raceway, LLC on 14 July 16, 2008; and WHEREAS, the formal project Notices of Completion and Acceptances of Public " Improvements have been prepared; and 17 WHEREAS, all project costs have been established to date. 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 19 California, as follows: 20 1. That the above recitations are true and correct. 21 2. That Palomar Forum - Melrose Drive (Forum), specifically identified as Project 22 No. CT 99-06, Drawing No. 399-4, Agreement No. SEC04062, is deemed complete and is hereby 23 accepted by the City Council of the City of Carlsbad. 24 3. That Carlsbad Raceway - Melrose Dr./Forum, specifically identified as Project 25 No. CT 98-10, Drawing No. 399-4, Agreement No. SEC04146 is deemed complete and is hereby 26 accepted by the City Council of the City of Carlsbad. 27 28 1 2 3 4 4. That Carlsbad Raceway - Melrose Dr./Raceway, specifically identified as Project No. CT 98-10, Drawing No. 399-4, Agreement No. SEC04144 is deemed complete and is hereby accepted by the City Council of the City of Carlsbad. 5. That the City Manager is authorized and directed to execute the Acceptances of Public Improvements for CT 99-06 Palomar Forum - Melrose Drive (Forum), Drawing No. 399-4, 6 Agreement No. SEC04062 / CT 98-10 Carlsbad Raceway - Melrose Dr./Forum, 7 Drawing No. 399-4, Agreement No. SEC04146; and CT 98-10 Carlsbad Raceway - Melrose 8 Dr./Raceway, Drawing No. 399-4, Agreement No. SEC04144. 9 6. That the City Clerk of the City of Carlsbad is hereby authorized and directed to 10 execute and record the Notices of Completion for CT 99-06 Palomar Forum - Melrose Drive (Forum), Drawing No. 399-4, Agreement No. SEC04062 / CT 98-10 Carlsbad Raceway - Melrose 12 Dr./Forum, Drawing No. 399-4, Agreement No. SEC04146; and CT 98-10 Carlsbad Raceway - 13 Melrose Dr./Raceway, Drawing No. 399-4, Agreement No. SEC04144. 14 " 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 20^ day of October. 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ATTEST: LORRAINE M. (SEAL) CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The developers have constructed the improvements required for Project Nos. CT 98-10 Carlsbad Raceway-Melrose Dr./Forum, Drawing No. 399-4, Agreement No. SEC04146, and CT 99-06 Palomar Forum-Melrose Drive (Forum), Drawing No. 399-4, Agreement No. SEC04062, 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 Streets $417,305 Street lights $8,400 Storm drain $6,500 PUBLIC WgRKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS Glenn Pruim, Public Works Director Datef 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 Notices of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. LISA HILDABRAND, City Manager "Date APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: A\;O.VLiy. ^/u /Jc.i_-^— —^^y<=? Depufy~Cify''Attorney\ K:\A PRIVATE DEVELOPMENT\CT\CT 99-06 Palomar Fonim\API (combined for SEC04146 & 04062 and CT 99-06 & 98-10) doc RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Space above this line for Recorder's use. PARCEL NO: 221-011-03-00 NOTICE OF COMPLETION Notice is hereby given that: 1. 2. 3. 4. 5. 6. 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 or improvement on the property hereinafter described was completed on July 16, 2008. The name of the contractors for such work or improvements are Palomar Forum Associates L.P. (for CT 99-06, Palomar Forum-Melrose Drive(Forum), Agreement No. SEC04062) and Fenton Raceway, LLC (for CT 98-10 Carlsbad Raceway-Melrose Drive/Forum, Agreement No.SEC04146). The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: CT 98-10 Carlsbad Raceway-Melrose Dr./Forum, Drawing No. 399-4, Agreement No. SEC04146 and CT 99-06, Palomar Forum-Melrose Drive (Forum), Drawing No. 399-4, Agreement No. SEC04062. The street address of said property is in the City of Carlsbad. CITY OF CARLSBAD Robert T. Johns City Engineer VERIFICATION OF CITY CLERK l4^*--V»tV-V W^. oJi.Jr. I) I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on OcJ^-C^t^ 2~Q 20 G y . accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on 'UCLdL QA 20 fo^t. at Carlsbad, California. AB# 19,999 CITY OF CARLSBAD Resolution No. 2009-256 LORRAINE M. City Clerk K.\A PRIVATE DEVELOPMENT\CT\CT 99-06 Palomar ForurrANOC (combined for SEC04146 & 04062, CTs 98-10 & 99-06) doc CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The developer has constructed the improvements required for Project No. CT 98-10 Carlsbad Raceway - Melrose Dr. / Raceway, Drawing No. 399-4, Agreement No. SEC04144 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 Streets $775,613 Street lights $16,800 Storm drain $222,625 Sewer $132,090 PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS Glenn Pruim, Public Works Director 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 commence maintaining the above described improvements. , / x-n f LfSA HILDABRAND, City Manager Date APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:.-; Deputy City Attorney K:\A PRIVATE DEVELOPMENT\CT\CT 98-10 Carlsbad Raceway\API CT 98-10 SEC04144 Council Approval.doc RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO. City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Space above this line for Recorder's use. PARCEL NO: 221 -011 -03-00 NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on July 16, 2008. 6. The name of the contractor for such work or improvement is Fenton Raceway, LLC. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: CT 98-10 Carlsbad Raceway - Melrose Dr. / Raceway, Drawing No. 399-4, Agreement No. SEC04144. 8. The street address of said property is in the City of Carlsbad. CITY OF CARLSBADr~~} Y Robert T. Johns City Engineer VERIFICATION OF CITY CLERK • LQ--VU«_> i.+s^ ffT4; Jr. r I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on (^ (^Offi-Ctx <?€) , 20<<?9 , accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on Pet, ^\ 20j)5_, at Carlsbad, California. AB* 19,999 CITY OF CARLSBAD Resolution No. 2009-256 I LORRAINE City Clerk K:\A PRIVATE DEVELOPMENT\CT\CT 98-10 Carlsbad Raceway\NOC CT 98-10 SEC04144 Council Approval needed.doc