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HomeMy WebLinkAbout1982-06-22; City Council; Resolution 6913.I -. . 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. 6913 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN ADDENDUM TO THE JOINT POWERS AGREEMENT BETWEEN THE CALIFORNIA DEPARTMENT OF FISH AND GAME AND THE CITY TO CONDUCT EXCAVATION IN THE BUENA VISTA LAGOON WHEREAS, the City of Carlsbad on April 20 , 1982, approved a Joint Powers Agreement to conduct excavation in the Buena Vista Lagoon to remove deposits of silt caused by flood damage, and; WHEREAS, full funding as authorized in the Joint Powers Agreement may not be available to the state budget, and; WHERE AS, it is desirable on the part of the State Department of Fish and Game and the City of Carlsbad to proceed with the project in the event partial funding is available. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad, as follows : 1. That the above recitations are true and correct. 2. That the attached Addendum to the Joint Powers Agreement labeled Exhibit A accurately reflects the changes agreed to by the City of Carlsbad and the California Department of Fish and Game, and also provides necessary funding and authority for the City to proceed with the modified project. 3. That the agreement attached as Exhibit A is approved and the Mayor is authorized to sign on behalf of the City. ad'oumed PASSED, APPROVED AND ADOPTED by the City Council at a/regu -1 ar meeting held'on 22nd day of June , 1982, by the following vote to wit: AYES: council Members casler, Lewis, Kulchin and Chick ! I( 1: 1: 1: 14 1: 1 1 1. 1 2 2 2 2 21 21 2( 2: 2E ATTEST : ADDENDUM TO 81/82 C-1588 JOINT POWERS AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CALIFORNIA DEPARTMENT OF FISH AND GAME TO CONDUCT EXCAVATION IN THE BUENA VISTA LAGOON THIS ADDENDUM TO THE JOINT POWERS AGREEMENT which was entered into the 1st day of March, 1982, between the CITY OF CARLSBAD, a municipal corporation, ("Cityl'j and the CALIFORNIA DEPARTMENT OF FISH AND GAME, ("Department") is to clarify the parties' respective rights and obligations in the event the Department is unable to provide the total amount of funding specified in said agreement. W I T NE S S E T H : ----------- WHEREAS, a portion of the funds originally intended to accomplish flood damage repairs and habitat restoration called Buena Vista Lagoon Restoration Project ("Project"), are no longer available to the Department for this pur- pose; and WHEREAS, it is unknown at this time whether or not additional funds will be appropriated by the Legislature for this purpose; and WHEREAS, the parties hereto wish to accomplish as much of the Project as available funds will permit; NOW, THEREFORE, IT IS FURTHER AGREED AS FOLLOWS: A. The Department's obligation under the Joint Powers Agreement is subject to appropriation of funds for this purpose by the State Legislature. R. In the event adequate funds are not appropriated to restore the funds available to the amount specified in the agreement, the terms and cond- ditions o€ the Joint Powers Agreement shall be construed as follows: (i) All references to the Prsject in Sections 1, 2 and 3 of the agreement shall he construed as Phase 1 of the project only. 9 EXHIBIT A Joint Powers Agreement City of Carlsbad -2- (ii) The advance to be made to the City by the Department under sub- section "a" of Section 3 of the agreement shall be Four Hundred Ninety-three Thousand, Seven Hundred Thirty-two Dollars '($493,732.00); and all subsequent references in the agreement to said advance (or payment) shall be deemed to be an advance (or payment) in this amount. (iii) The cost estimate for Item 1 of Exhibit A shall be $418,732.00, Item 3 of Exhibit A shall be $50,000.00 and Item 4 of Exhibit A shall be $25,000.00; a total of Seventy Five Thousand Dollars ($75,000.00) and Item 2 of Exhibit A shall be deemed nonapplicable to the agreements IN WITNESS WHREOF, we have entered into this Addendum to the Joint Powers / Agreenent on ATTEST : CITY OF CARLSBAD J MARY CASL$, Mayor CALIFORNIA. DEPARTMENT OF FISH AND GAME Fiscal Officer . v c, . .. . Cost Est.imnte for But:na Sista Lsgoon kstorntion Project 1. Phase I * Project lfobilization e$ 40,000 -Excavation - $5/cy-est. 80,000 yards and res tore islands 400 000 Excavete additional $S/cy, ~O,OOO yards finish i-slands, remove haul causeways , G0,OOO 3. 4. City Design, Contract Administration and inspection 63,000 Contingciicy 37,000 Total . $. 990,000 .. *. e. *. .. .. ..