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HomeMy WebLinkAbout2018-03-27; City Council; ; Adopt a Resolution authorizing the transfer of funds from the Bridge and Thoroughfare District No. 3 Fund to the City of Carlsbad General FundCA Review ftS E) CITY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: Subject: March 27, 2018 Mayor and City Council Kevin Crawford, City Manager Daniel Zimny, Assistant Engineer daniel.zimny@carlsbadca.gov or 760-602-7551 Adopt a Resolution authorizing the transfer of funds in the amount of $174,400 from the Bridge and Thoroughfare District No. 3 Fund to the City of Carlsbad General Fund to reimburse the General Fund for the value of the mitigation habitat acquired for the construction of Cannon Road Reaches 1 and 2. Recommended Action Adopt a Resolution authorizing the transfer of funds in the amount of $174,400 from the Bridge and Thoroughfare District No. 3 (District) Fund to the City of Carlsbad General Fund to reimburse the General Fund for the value of the mitigation habitat acquired for the construction of Cannon Road Reaches 1 and 2 (Project). Executive Summary The District is required to reimburse the City of Carlsbad for all costs associated with the Project. To date, the city has not received reimbursement for the value of city owned land that was used for the 8.72 acres of habitat mitigation required for the Project. The area where the habitat mitigation occurred was originally purchased by the city in 1981 with General Fund monies and has been appraised at a present day worth of $174,400. The transfer of funds in this amount from the District Fund to the General Fund will constitute full reimbursement. Discussion The District was formed to fund the Cannon Road Reaches 1 and 2, which extended Cannon Road from the intersection of Car Country Drive to El Camino Real. The District is required to reimburse the city all costs associated with the Project including the value of city owned land that was used for the 8.72 acres of habitat mitigation that was required to offset the biological impacts caused by the construction of the Project. The habitat mitigation area was created on city owned parcel 212-270-0700 which was originally purchased by the city in 1981 with General Fund monies. An open space easement has been recorded over the habitat mitigation area, restricting further development of the property in perpetuity. The city's Finance Department has completed an internal audit ofthe Project and determined that the city has yet to receive reimbursement from the District for the 8.72 acres of city owned land used for mitigation. As a result, the city contracted with Hendrickson Appraisal Company, Inc. for the preparation of a property appraisal. On Nov. 20, 2017, Hendrickson Appraisal March 27, 2018 Item #7 Page 1 of 7 Company, Inc. completed an appraisal ofthe 8.72 acre mitigation site which valued the property at $174,400. Fiscal Analysis To complete the reimbursement requirement, $174,000 will be transferred from the District Fund to the city1s General Fund. The available cash balance in the District Fund is currently $665,000 and all other expenditures of the District have been completed. Next Steps Upon approval of this Resolution, the administrative services director will be directed to transfer $174,400 from the District Fund to the city1s General Fund. Environmental Evaluation (CEQA) Pursuant to Public Resources Code Section 21065, this action of transferring funds from the District Fund to the General Fund does not constitute a "projecf' within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. Resolution authorizing the transfer of funds in the amount of $174,400 from the Bridge and Thoroughfare District No. 3 Fund to the City of Carlsbad General Fund to reimburse the General Fund for the value of the mitigation habitat acquired for the construction of Cannon Road Reaches 1 and 2. 2. Site Map. March 27, 2018 Item #7 Page 2 of 7 RESOLUTION NO. 2018-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE TRANSFER OF FUNDS IN THE AMOUNT OF $174,400 FROM THE BRIDGE AND THOROUGHFARE DISTRICT NO. 3 FUND TO THE CITY OF CARLSBAD GENERAL FUND TO REIMBURSE THE GENERAL FUND FOR THE VALUE OF MITIGATION HABITAT ACQUIRED FOR THE CONSTRUCTION OF CANNON ROAD REACHES 1 AND 2. EXHIBIT I WHEREAS, the City Council of the City of Carlsbad, California has determined that it is necessary for the Bridge and Thoroughfare District No.3 to reimburse the City of Carlsbad for all expenses accrued for the Cannon Road Reaches 1 and 2 (Project); and WHEREAS, the Bridge and Thoroughfare District No. 3 acquired 8.72 Acres of city owned land to fulfill habitat mitigation requirements as part of the Project; and WHEREAS, the Bridge and Thoroughfare District No. 3 has yet to reimburse the city for the value of land used for habitat mitigation associated with the Project; and WHEREAS, the 8. 72 acres of land used for habitat mitigation has been appraised at value of $174,400. 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 the reimbursement of funds in the amount of $174,400 from the Bridge and Thoroughfare District No.3 to the City of Carlsbad is hereby approved. 3. That the administrative services director is directed to transfer $174,400 from the Bridge and Thoroughfare District No.3 Fund to the city's General Fund. March 27, 2018 Item #7 Page 3 of 7 EXHIBIT I PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of March, 2018, by the following vote, to wit: AYES: M. Hall, K. Blackburn, C. Schumacher, M. Packard. NOES: None. ABSENT: M. Schumacher. (SEAL) March 27, 2018 Item #7 Page 4 of 7 NOT TO SCALE PROJECT NAME LOCATION CANNON ROAD REACHES 1 AND 2 MITIGATION REIMBURSEMENT MAP PLOTTED BY: SCOTT EVANS PLOT DATE:1/5/18 PATH:D: \TRANSPORTATION DEPARn.tENT\LOCATION MAPS\AUTOCAD\6067.DWG Exhibit 2 MITIGATION AREAS PROJECT NUMBER 6067 EXHIBIT 2 March 27, 2018 Item #7 Page 5 of 7 All Receive -Agenda Item # _J For the Information of the: CITY COUNCIL . / A~~_d_CA~CC V ')ate~CMLcoo V Council Memorandum {city of Carlsbad March 27, 2018 To: From: Via: Re: Honorable Mayor Hall and Members of the City Council Marshall Plantz, Transportation Direct%iriL Gary Barberio, Assistant City Manager~ Supplemental Information for Agenda Item #7 -Transfer of Funds from the Bridge and Thoroughfare District No. 3 Fund to the City of Carlsbad General Fund At the City Council briefing on March 26, 2018, discussion occurred related to Agenda Item #7 for the City Council Meeting on March 27, 2018. Questions related to the Bridge and Thoroughfare District No. 3 (District) were raised regarding the status of improvements to be funded by the District and the disposition of the remaining balance of funds. The response during the briefing was two-fold: 1) that there may be additional improvements along Cannon Road, and 2) that there are additional properties remaining to be developed within the District which could impact the timing and process related to the disposition of the balance offunds. The District improvements as described in the District formation documents are as follows: "Full width grading of the roadway, all curb, gutters, sidewalks, base and pavement, median landscaping and irrigation, median hardscape, street lights, street monumentation storm drainage facilities, erosion control, guard rails, and other incidentals necessary to complete a four-lane major arterial roadway. The facilities also include two {2} 455-foot multi-span bridge structures across the salt water wetlands at the north end of Macario Canyon, and 133-foot single span bridge across the Agua Hedionda Creek at El Camino Real. The improvements also include modifications to the intersection of Cannon Road and El Camino Real. In addition, the project includes the cost for full mitigation of the environmental impacts of the construction of the improvements noted above. The soft costs included are design, contract administration, fee administration, construction inspection, construction engineering, mitigation monitoring and (and acquisition." Status of Improvements To clarify discussion during the briefing, the attached map shows that the limits of the District's Cannon Road improvements are from Car County Drive easterly to El Camino Real. The District improvements along Cannon Road are complete. Any future improvements along Cannon Road just east of the freeway are not part of the District improvements even though the parcel of land north of Cannon Road and just east of the freeway is within the District boundary. Public Works Department Faraday Center 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2730 t March 27, 2018 Item #7 Page 6 of 7 Honorable Mayor Hall and Members of the City Council March 27, 2018 Page 2 As a result, staff has confirmed that the District improvements have been constructed and, that to the best of staff's knowledge, the statement in the associated Staff Report that "The available cash balance in the District Fund is currently $665,000 and all other expenditures of the District have been completed" is correct. Disposition of the Remaining Balance of Funds In the next year staff intends to complete an evaluation to determine if it is appropriate to proceed with the close out of the District. Once it is determined that there are no outstanding issues, staff will follow the appropriate statutory procedures to close out the District. In general, any unexpended funds, which are currently being held until the evaluation is completed, will be returned to the current owner(s) of record on a prorated basis unless the administrative costs of the refund exceed the amount of refund. In such case, and with City Council approval, the unexpended funds will be earmarked for maintenance of the improvements in the District. Attachment: Map of Bridge and Thoroughfare District No. 3 cc: Kevin Crawford, City Manager Celia Brewer, City Attorney Scott Chadwick, Chief Operating Officer Elaine Lukey, Public Works Director March 27, 2018 Item #7 Page 7 of 7