This item was returned to staff to be placed on a future agenda.
1. DECLARE EXCESS FUNDS IN THE RANCHO SANTA FE ROAD PROJECT FUND AND
AUTHORIZE A FINAL REFUND OF EXCESS FEES TO FAIRE-SHARE AGREEMENT HOLDERS -Adoption of a resolution declaring excess cash in the Rancho Santa Fe Road Project Fund and authorizing a final refund of excess fees to all fair share agreement holders. (Staff contact: Roxanne Muhlmeister, Administrative Services)
CA Review AZ
Meeting Date: Oct. 29, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Roxanne Muhlmeister, Assistant Finance Director [email protected], 442-339-2417
Subject: Declare Excess Funds in the Rancho Santa Fe Road Project Fund and Authorize a Final Refund of Excess Fees to Fair-Share Agreement Holders
District: 4
Rec
ommended Action
Adopt a resolution declaring excess cash in the Rancho Santa Fe Road Project Fund and authorizing a final refund of excess fees to all fair-share agreement holders.
Executive Summary
The city assessed fees on property owners in parts of southeastern Carlsbad from 1993 to 2023 to help pay for road improvement projects along Rancho Santa Fe Road. These projects have now been completed, and there is an excess of $1,220,020.03 in the fund.
Staff are requesting the City Council's authorization to refund $1,219,984.99 to the property owners who contributed to the project. The remaining $35.04 will be transferred to the city’s General Fund, officially closing the project.
Explanation & Analysis
Carlsbad has traditionally required developers to pay for building streets and other civic infrastructure needed to support development projects. The city divided Carlsbad into 12 local facilities management zones to carry out improvements to roads, water and wastewater service and other essential city facilities needed to support new development.
The management plan for Local Facilities Management Zone 11, the southeastern area of the city, called for a financing plan for the construction of segments of Rancho Santa Fe Road and Olivenhain Road. Funding for road improvement projects had been a major concern of the city and property owners in the area for many years, and during the late 1980s and 1990s road improvements hindered the development of about 2,400 acres in southeast Carlsbad.
Staff worked with nearby property owners, in local facilities management zones 11, 12 and a small portion of 6, in anticipation of forming a community facilities district that would have Oct. 29, 2024
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funded the construction of certain road improvements, as required by the local facilities management plans.
The proposed district was intended to provide property owners and the city with a feasible funding mechanism to ensure that funds would be available to pay for the road improvements.
However, delays in the formation of the district delayed development for property owners who had otherwise satisfied all the conditions of their development plans.
To eliminate the delays, beginning in 1993, the City Council allowed property owners to pay their fair share obligations for road improvements by entering into payment agreements, as authorized by California Government Code Section 53313.51. The payment agreements allowed the property owners to pay their fair share obligations using a City Council-approved cost allocation method, which is based on the number and type of units that are being developed (e.g., single-family detached units or single-family attached units).
Between 1993 and 2023, property owners signed 21 fair share cost agreements which were then approved by the City Council. These agreements allowed the property owners to pay their fair share amount without a community facilities district. Their payments then helped fund the city’s design and construction of the necessary road improvements.
Five major road improvement projects have been partially funded by these payments, on:
• Olivenhain Road from Amargosa Drive to El Camino Real • Rancho Santa Fe Road from Olivenhain Road south into Encinitas • Rancho Santa Fe Road at the intersection of Olivenhain Road, including Olivenhain Road between Rancho Santa Fe Road and Los Piños Circle
• Rancho Santa Fe Road from La Costa Avenue to San Elijo Road • Rancho Santa Fe Road from San Elijo Road to Melrose Drive The owner of the last property obligated to pay the fair share contribution for the project paid their fee in July 2024. With this final payment, the project fund can be closed out.
Staff are now requesting the City Council declare that $1,220,020.03 in excess cash remains in the project fund and authorize the return of $1,219,984.99 as fee refunds to be distributed to the agreement holders based on how many dwelling units they developed. The remaining amount of $35.04 will be transferred to the General Fund and the project fund will be closed.
Fiscal Analysis
The cost of the Rancho Santa Fe Road and Olivenhain Road projects totaled more than $50 million. The project was funded from several sources, including payment agreements with property owners, Communities Facilities District No. 1 and federal grant funding.
Cash totaling $1,220,020.03 remains in the fund and is now eligible to be returned to agreement holders. The calculated refund is $1,219,984.99, or $295.84 per equivalent dwelling unit. Exhibit 3 details the amount of refund by development and agreement holder. After refunds are issued, the remaining amount of $35.04 will be transferred to the General Fund, because this amount is not large enough to be fairly spread out among all agreement holders. (Increasing the refund to $295.85 per equivalent dwelling unit, one cent more, would require $41.24 more than remains available.)
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Next Steps
With the City Council’s approval, fee refunds in the amount of $1,219,984.99 will be returned to agreement holders.
Environmental E valuation
In keeping with California Public Resources Code Section 21065, this action does not constitute a project within the meaning of the California Environmental Quality Act 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.
Exhibits
1. City Council resolution
2. Eligible party list
3. Amount of final fee refund by development
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Exhibit 1
RESOLUTION NO. .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
DECLARING EXCESS CASH IN THE RANCHO SANTA FE ROAD PROJECT FUND
AND AUTHORIZING A FINAL REFUND OF EXCESS FEES TO ALL FAIR-SHARE
AGREEMENT HOLDERS
WHEREAS, the City of Carlsbad City Council, required the funding of Rancho Santa Fe Road and Olivenhain Road (“Project”) be guaranteed prior to any development in the area bounded by Local Facilities Management Zones 11, 12 and portions of 6; and WHEREAS, the City Council has previously approved Fair Share Agreements with the property owners listed in Exhibit 2 allowing for the prepayment and/or payment of fees to be assessed under the Project as an acceptable form of financing for the Project; and WHEREAS, the Project improvements have been completed and all the agreement holders listed in Exhibit 2 have now paid their fair share of the costs associated with the Project pursuant to the Fair Share Agreements; and
WHEREAS, surplus Project cash of $1,220,020.03 currently exists in the project fund in part because the city secured federal funds for the Project not anticipated in the original funding plan; and WHEREAS, the surplus Project cash is now eligible to be refunded to all the agreement holders listed in Exhibit 2 per the final fee refund listing as shown in Exhibit 3, both attached hereto.
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 remaining funds of $1,220,020.03 is declared as excess cash of the Project.
3. That the City Manager or designee is authorized to appropriate $1,220,020.03 to the Rancho Santa Fe Road Project Fund for the final Rancho Santa Fe Road fee refunds.
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4. That the final fee refunds in the amount of $ 1,219,984.99, or $295.84 per equivalent dwelling unit, listed in Exhibit 3, attached hereto, to the individual agreement holders listed in Exhibit 2, attached hereto, are hereby approved for distribution.
5. After final fee refunds are issued, the City Manager or designee is authorized to transfer $35.04 to the General Fund in order to bring the fund balance of the P roject fund to zero, thereby closing out the Project fund.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2024, by the following vote, to wit:
AYES:
N AYS:
ABSTAIN:
ABSENT:
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
Oct. 29, 2024
Item #1 Page 5 of 9
Exhibit 2
Rancho Santa Fe Road Project-Final Fee Refund
Eligible Party List
PROJECT NAME PROPERTY OWNER OF RECORD
California Pacific Homes (CT 85-9)
California Pacific Homes
38 Executive Park, Suite 200
Irvine, CA 92614
Centex – Sonata/Tierra Santa (CT 90-4)
Centex Homes
2 Technology
Irvine, CA 92618
Centex – Santa Fe Trails/Rice Property (CT 85-10)
Centex Homes
2 Technology
Irvine, CA 92618
Centex – Rancho Verde (CT 89-18)
Centex Homes
2 Technology
Irvine, CA 92618
Greystone Homes – Park View West (CT 85-15)
Lennar Homes
25 Enterprise
Aliso Viejo, CA 92656
Arroyo La Costa – Units 1 & 2 (CT 88-03)
Real Estate Collateral Management Company
C/O Morrow Development
Attn: Fred Arbuckle
970 W. Broadway, E-461
Jackson, WY 83001
Southwest/Arroyo (CT 88-03)
Real Estate Collateral Management Company
C/O Morrow Development
Attn: Fred Arbuckle
970 W. Broadway, E-461
Jackson, WY 83001
Meadowlands (CT 85-19)
Darby Creek/Carlsbad, LLC
Jenna Group, Inc., Member
3101 Villa Way
Newport Beach, CA 92663
Keystone La Costa (CT 96-04)
Gary S. Copson, Trustee of the Gary S. Copson
Family Trust U/D/T 3/29/00
As liquidator of Keystone Communities, LLC
302 Washington St. #137
San Diego, CA 92103
LB/L Concordia (CT 98-02)
50%: Concordia Communities, LLC
1959 Palomar Oaks Way, Suite 150
Carlsbad, CA 92011
50%: LB/Lakeside Capital Partners, LLC
3500 West Olive Ave., Suite 650
Burbank, CA 91505
Shelley – Unit 1 (CT 90-03)
50%: Kathryn DuVivier and 50%: Charles DuVivier
P.O. Box 230638
Encinitas, CA 92023-0638
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Rancho Santa Fe Road Project-Final Fee Refund
Eligible Party List (Continued)
PROJECT NAME PROPERTY OWNER OF RECORD
Shelley – Unit 2 (CT 90-03)
Agda B. Shelley
Executor of the Estate of Daniel T. Shelley
P.O. Box 7294
Rancho Santa Fe, CA 92067
Shelley – Unit 3(CT 90-03)
Agda B. Shelley
Executor of the Estate of Daniel T. Shelley
P.O. Box 7294
Rancho Santa Fe, CA 92067
Continental – Unit 4 (CT 90-03)
Continental Residential, Inc.
C/O DR Horton
1021 Costa Pacifica Way, #2107
Oceanside, CA 92054
Rancho La Costa Village (SDP 99-07)
50% : Cynthia Bell
19 Castellina Drive
Newport Beach, CA 92657
25%: Boykin-Hunt, LLC
C/O Howard F. Hunt
3514-A Montlimar Plaza Drive
Mobile, AL 36609
12.5%: Richard Alleway
C/O Simac Construction
2067 Wineridge Place, Suite A
Escondido, CA 92029
12.5%: Richard Simis
C/O Simac Construction
2067 Wineridge Place, Suite A
Escondido, CA 92029
La Costa Oaks (CT 02-02, 02-03, 02-04, 02-05)
Real Estate Collateral Management Company
C/O Morrow Development
Attn: Fred Arbuckle
970 W. Broadway, E-461
Jackson, WY 83001
La Costa Ridge (CT 99-04)
Real Estate Collateral Management Company
C/O Morrow Development
Attn: Fred Arbuckle
970 W. Broadway, E-461
Jackson, WY 83001
La Costa Ridge (CT 99-04; Lot 223)
La Costa Ridge 2.6
C/O DR Horton
5790 Fleet Street, Suite 210
Carlsbad, CA 92008
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Rancho Santa Fe Road Project-Final Fee Refund
Eligible Party List (Continued)
PROJECT NAME PROPERTY OWNER OF RECORD
LDS/Church of Jesus Christ (CUP 01-04)
The Church of Jesus Christ of Latter-Day Saints
4th Floor, West Wing, COB
50 East North Temple Street
Salt Lake City, UT 84150
Los Coches Village (MS 02-08)
Los Coches Village, LLC
C/O C.W. Clark Inc.
4180 La Jolla Village Drive, Suite 405
La Jolla, CA 92037
La Costa Town Square (CT 01-09, 08-03)
Property Development Centers, LLC
5918 Stoneridge Mall Road
Pleasanton, CA 94588-3229
La Costa Town Square Residential (CT 12-05)
Taylor Morrison
8105 Irvine Center Dr., Suite 1450
Irvine, CA 92616-4200
Fair Oaks Valley (CT 02-17)
CWV La Costa 49
C/O California West Communities
5927 Priestly Dr., Suite 110
Carlsbad, CA 92008
Rancho La Costa Building (SDP 05-15)
Rancho La Costa Village
9404 Genesee Ave., Ste. 330
La Jolla, CA 92037
La Costa Town Square Residential (CT 17-0003)
Woodside O5S, LP
Attn: Vice President
1250 Corona Pointe Ste. 500
Corona, CA 92879-1792
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City of Carlsbad
Amount of Final Fee Refund by Development
Rancho Santa Fe Road Project
October 2024
SFD 2nd UNIT CONDO MULTI-FAM
COMM.
AC. CHURCH
EDU @ EDU @ EDU @ EDU @ EDU @ EDU @ TOTAL
1.0 0.6 0.8 0.6 10.0 4.0 EDU
9/28/1993 California Pacific Homes (CT 85-9) 102 102.00 295.84 $ 30,175.68$ 3/1/1994 Centex - Sonata/Tierra Santa (CT 90-4) 111 111.00 295.84 $ 32,838.24$ 8/8/1995 Centex - Santa Fe Trails/Rice Property (CT 85-10) 189 189.00 295.84 $ 55,913.76$ 8/8/1995 Centex - Rancho Verde (CT 89-18) 171 171.00 295.84 $ 50,588.64$ 3/19/1996 Greystone Homes - Park View West (CT 85-15) 131 131.00 295.84 $ 38,755.04$ 2/1/1997 Arroyo La Costa Units 1 & 2(CT 88-03) 455 455.00 295.84 $ 134,607.20$ 8/24/1998 Arroyo La Costa (CT 88-03) 618 618.00 295.84 $ 182,829.12$ 12/16/1997 Meadowlands (CT 85-19) 112 112.00 295.84 $ 33,134.08$ 3/14/2000 Keystone La Costa (CT 96-04) 28 4 30.40 295.84 $ 8,993.54$ 3/28/2000 LB/L Concordia (CT 98-02) 28 28.00 295.84 $ 8,283.52$ 1/9/2001 Shelley/Continental (CT 90-03) - Unit 1 26 26.00 295.84 $ 7,691.84$ 1/9/2001 Shelley/Continental (CT 90-03) - Unit 2 ** 46 46.00 295.84 $ 13,608.64$ 1/10/2001 Shelley/Continental (CT 90-03) Unit 3* 109 109.00 295.84 $ 32,246.56$ 1/10/2001 Shelley/Continental (CT 90-03) Unit 4* 63 63.00 295.84 $ 18,637.92$ 12/4/2001 Rancho La Costa Village (SDP 99-07) 4.120 41.20 295.84 $ 12,188.61$ 2/5/2002 La Costa Oaks CT 02-02, 02-03, 02-04, 02-05 820 168 920.80 295.84 $ 272,409.47$ 2/5/2002 La Costa Ridge (CT 99-04) RECM 263 263.00 295.84 $ 77,805.92$ 8/3/2007 La Costa Ridge (Lot 223, CT 99-04) DR Horton 53 53.00 295.84 $ 15,679.52$ 2/27/2003 LDS/Church of Jesus CUP 01-04 5.78 23.12 295.84 $ 6,839.82$ 4/19/2005 Los Coches Village (was Tienda de la Esquina) MS 02-08 7.469 74.69 295.84 $ 22,096.29$ 1/16/2013 Property Dev Centers - La Costa Town Square (CT 01-09 & CT 08-03) 63 33.350 396.50 295.84 $ 117,300.56$ 10/2/2013 Taylor Morrison - La Costa Town Square Residential (CT 12-05) 32 32.00 295.84 $ 9,466.88$ 12/3/2013 CWV La Costa 49 - Fair Oaks Valley (CT 02-17) 49 49.00 295.84 $ 14,496.16$ 5/20/2014 Santa Fe La Costa (SDP 05-15, SDP 05-15x2) Rancho La Costa Bldg 0.689 6.89 295.84 $ 2,038.34$ 4/4/2023 La Costa Town Square Residential (CT 17-0003) 76 19 72.20 295.84 $ 21,359.65$ TOTAL 3,469 4 76 187 45.628 5.78 4,123.80 1,219,984.99$
PROJECTAGREEMENT
DATE
REFUND
PER EDU TOTAL REFUND
EQUIVALENT DUWELLING UNIT
Exhibit 3
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