HomeMy WebLinkAbout1988-06-14; City Council; Resolution 88-190P. i .- ..
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RESOLUTION NO. 88-190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAI I CALIFORNIA, APPROPRIATING FUNDS AND APPROVING A JOINT
POWERS AGREEMENT AMONG THE CITY, THE BUENA VISTA LAGOON FOUNDATION, AND THE CALIFORNIA DEPARTMENT OF FISH AND
GAME TO CONSTRUCT A NATURE VISITATION AREA
WHEREAS, the City Council of the City of Carlsbad, Cali:
has determined it necessary, desirable, and in the 1
interest to assist in the construction of a nature visi-
area at the Buena Vista Lagoon; and
WHEREAS, the City Council of the City of Car.
California, has determined it necessary, desirable and i
public interest to utilize its resources and administ:
capabilities to expedite the project and further the 1
interests of the City, the Buena Vista Lagoon Foundation, a:
'State of California Department of Fish and Game; and
WHEREAS, the City, the California Department of Fis
:Game, and the Buena Vista Lagoon Foundation will to!
cooperate under the terms of the Joint Powers Agreeme
construct the Buena Vista Lagoon Nature Visitation Area;
NOW, THEREFORE, BE IT RESOLVED, by the City Council (
City of Carlsbad, California, as follows:
.l. That the above recitations are true and correct.
2. That the Joint Powers Agreement among the City of
Carlsbad, the California Department of Fish and Game, a]
Buena Vista Lagoon Foundation, hereto attached, is
approved.
3. That the Mayor and City Clerk of the City of Carlsb
hereby authorized and directed to execute said Agreement fo
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hereby authorized and directed to execute said Agreement fa
on behalf of the City of Carlsbad.
4. That a funds transfer in the amount of $30,000 fro
Account No. 300-820-1840-3204 and an additional appropriat
$30,000, subject to reimbursement from the Bunea Vista
Foundation as provided for in the Joint Powers Agreemei
project account No. 300-820-1840-3304 is hereby approved,
5. That following the execution of said agreement 1
Mayor, the City Clerk is hereby authorized and direct
forward copies of said agreement and this resolution to the
Vista Lagoon Foundation and the State of California, Depa
of Fish and Game, attention C.T. Dolan, 245 West Broadway,
160, Long Beach, Califonria 90802 for execution by the St
California. Following receipt of returned executed copies
agreement from the State, the City Clerk is further auth
and directed to forward copies of the completed documents
Buena Vista Lagoon Foundation and the City's Municipal Pr
Department for reference and information.
PASSED, APPROVED AND ADOPTED at a regular meeting (
Carlsbad City Council held on the 14th day of June
1988, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larsol
NOES : None
ABSENT: None
CLAUDE A.$ LEWIS, Mayor
ATTEST:
&% /Q- ALETII L. RAUTENKRANZ, City /Clerk
(SEAL)
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AN AGREEMENT AMONG THE CITY OF CARLSBAD, THE BUENA VISTA LAGOON FOUNDATION, AND THE STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME
TO CONSTRUCT AND MAINTAIN A VISITATION AREA AT THE BUENA VISTA LAGOON
THIS JOINT POWERS AGREEMENT is entered into this
of , 1988, among the CITY OF CARLSBAD, a munj
corporation, hereinafter referred to as 8tCity,g* the BUENA
LAGOON FOUNDATION, a private non-profit organization, hereir
referred to as I*Foundation,*l and the STATE OF CALI1
DEPARTMENT OF FISH AND GAME, hereinafter referred t
"Department. It
WITNESSETH:
WHEREAS, the Foundation has secured a grant from the
of California, Department of Parks and Recreation, in the e
of $30,000 to construct a visitation area on a parcel of
located between the southeast corner of the Buena Vista I
hereinafter referred to as *lLagoon*t and the intersectic
Jefferson Street and Marron Road: and
WHEREAS, said parcel of land has been conveyed to the
of California under jurisdiction of the Department: and
WHEREAS, the City and the Foundation together desi:
provide safe access for the public to passively observe wil
in the Lagoon and the surrounding shore area: and
WHEREAS, the Department desires to increase public awaz
and appreciation of wildlife by providing access thereto: ar
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WHEREAS, the Department also desires to improve its own a
to. the Lagoon for close observation and monitoring of nati
endangered wildlife; and
WHEREAS, it would be expedient for the Department an1
Foundation to utilize the City's resources and
administrative capabilities to expedite the Project; and
WHEREAS, the Department, Foundation, and City, in an e
to coordinate construction, have determined that it will
the mutual benefit of all parties to accomplish the Pr
under City contract: and
WHEREAS, the Department and City are authorized to
into a Joint Powers Agreement pursuant to Government Code Se
6500 et seq.: and
WHEREAS, the Department, Foundation, and City desire t
forth their respective rights and obligations concerninc
Project ;
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, :
AGREED AS FOLLOWS:
1. The Foundation shall:
a. Name an authorized representative for the proje
b. Review the conceptual and preliminary pr
drawings in order to provide suggestions for improvinc
access, attractiveness, and public benefit of the project.
c. Forward to the State of California, Departme:
Parks and Recreation, items specified by the Department of
and Recreation, as the funding agency, in its Project Agre
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(Exhibit A, attached). Upon receipt of the grant disburseme
portion thereof, the Foundation will immediately transmit
grant funds to the City.
d. Provide volunteer labor as appropriate unti:
landscaping is completed and established.
e. Provide volunteer assistance as appropriat
clean-up of finished facility.
2. The Department shall:
a. Name an authorized representative for the Proje
b. Evaluate the project design for conformance tl
Negative Declaration that the Department has filed on
project in accordance with the California Environmental Qu
Act (CEQA) .
c. Obtain all non-City permits required to accom
the Project .
d. Department authorized representative to pr
City written approval of final construction plans
specifications prior to advertisement for bids for the Pro
said approval shall be transmitted to City within thirty
days following receipt of acceptable plans by Department.
e. Authorized representative shall have ten (10)
of the project bid opening within which to provide the
written notice of approval to award the contract. Failul
provide written approval in said period shall be deemed app
to award the contract.
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5. The City shaif:
a. Prepare and circulate for approval conceptua:
preliminary plans.
b. Obtain all City permits.
c. Prepare contract documents.
d. Assemble all documents necessary for bidding.
e. Advertise for bid.
f. Provide contract administration and constru
engineering for the Project.
g. Appropriate the funds necessary for project de
construction, and administration. Project costs exceedin
$30,000 grant as disbursed in l(c) above shall be
responsibility of the City. Design and construction cost
adjacent street right-of-way improvements shall be paid b
city.
h. Furnish Department reproducible "as built" pla
the Project and file a Notice of Completion for the Projec
i. Provide a final project accounting and report t
Department and Foundation.
j. Maintain the site by picking up trash, emy
trash cans, sweeping the parking lot of any debris, and cle
the runoff basin.
4. a. The facilities to be constructed under
agreement include but are not limited to an asphalt drivewz
parking striped for approximately twenty (20) automobiles.
paved area will be sloped to the corner nearest the lagoon
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that location, a permanently maintained concrete sediment an
trap will be constructed to intercept site drainage ru
Removable and lockable pole barriers will be installed at th
west corner of the site for the exclusive use and acce:
Department personnel.
The site will be landscaped with drought resi
species. A berm and wood pole barrier shall be installed a
the parking lot to protect plants and wildlife on the rema
of the site from unauthorized vehicle entry. A minimum o
(2) park benches, three (3) trash receptacles, and twc
parking lot lights will also be installed. Additional an
items and an informational kiosk may be added as funding per
Apart from the above items, the City will constru
its own funding sources additional improvements within
Jefferson Street right-of-way. These items shall include bu
be limited to a raised concrete median, concrete curb, gu
sidewalk, and driveway apron. A bike lane will be establish
the road shoulder west of the visitation area.
5. The actual cost of constructing Project shal
computed as follows:
(A) Actual preconstruction costs of:
(1) Design engineering
(2) Preparation of construction plans
specifications
(B) Actual City cost of:
(1) Contract administration and
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(2) Construction inspection
(C) Final construction cost based on contract
prices and actual quantities of items.
The portions of the above cost items (Al) and (C)
that are attributable to street right-of-way improvements
be identified as the City's responsibility to fund.
6. City will maintain a complete and accurate reco:
all expenditures made from project account, incl
identification of the recipients and the purpose therefo~
detailed financial accounting will be included in the
project report from City to Foundation. Upon completion o
Project, any unspent grant funds remaining in said ac
following disbursement to City under Paragraph l(c) abovc
final payment to contractor shall revert to the original fv
agency (State of California, Department of Parks and Recreat
7. City shall retain all documents used to pr
accounting reports throughout the term of this agreement an
a period of three (3) years thereafter, and shall make
available to the Department or the State Auditor Genera
review upon reasonable request during said period.
8. During construction, City shall assign a qual
inspector to the Project who will use his best effort to E
that construction is accomplished in accordance with the
and specifications.
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9. City shall file a Notice of Completion for the Pr
after final acceptance of the work.
10. Department shall, insofar as it may legally dc
indemnify and hold harmless City and Foundation and
officers and employees from any injuries, damage, or liabili
arising from any errors, omissions, or negligence in Departn
performance of this agreement.
11. City shall, insofar as it may legally do so, indc
and hold harmless Department and Foundation and thei~
officers and employees from any injuries, damage or lial
arising from any errors, omissions, or negligence in (
performance of this agreement.
12. Foundation shall hold harmless Department and City
its officers and employees from any injuries, damag
liability arising from any errors, omissions, or negligen
Foundation's performance of this agreement or negligence i
Foundation's performance.
13. This agreement may be amended by mutual consent c
parties hereto.
14. Unless extended by written amendment, the term of
agreement shall commence on the date first above writte
continue through the date the Notice of Completion is fil
until the State certifies in writing that the Project is con
and that the City has satisfied its obligation, whichever c
first .
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IN WITNESS WHEREOF, we have entered into this Joint I
Agreement on the day and year first above written.
APPROVED AS-TQ FORM:
City Attorney
ATTEST :
wl. 6?hY Aletha L. Rautenkranz,
CITY -077 CFSBPD : /;-
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/.I )$@ //:; ,,., $7 ,./+A ,y'
., /9 L I - 1 ,./ /[{,."cy Claude A. Lewis,
Mayor
STATE OF CALIFORNIA,
DEPARTMENT OF FISH AND GZ!
City Clerk Contract Manager
BUENA VISTA LAGOON FOUNDA F&d26l&ze Ron Wootton,
President
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State of California - Tho Roourcr
AOIQN a DEPARTMENT OF PARKS AND RECRE .
EXHIB:
PROJECT AGREEMENT
CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984
APPLICANT
PROJECT TITLE
Buena Vista Lagoon Foundation
Duck Landing Restoration PROJECT NUMBER __ a
PROJECT PERFORMANCE PERIOD Date of Appropriation to June 30, 19 90
Under the terms and conditions of rhls agreement, the appllcant agrees to complete the project as described in the proiec
descrlptlon. and the Slate of Califomla. actlng through Its Dtrector of Parks and Recreat~on pursuant to the California p,
Recreational Facilitles Acr of 1984, agrees 10 fund the project UP to the total state grant amount indicated.
PROJECT DESCRIPTION:
Restoration of a portion of the Buena Vista Lagoon shoreline fc
public access and use and related improvements.
Total State Grant not to exceed $ 30 too*
Buena Vista Lagoon Foundation
BY
The General Provisions attached are ma
of and are incorporated into the Agreer
Y
Title surer
Oat:
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREAT
" By
Title 1-p BY
Date ?/2dV Date
CERTIFICATION OF FUNDING
CONTRACT NUMBER f UND
~ ~- I PARKLANOS FUND OF 1984
PROJECT NO. AMOUNT OF THIS ESTIMATE
STATUTES CHAPTER ITEM UNENCUMBERED BALANCE
APPROPRIATION 84-N-37001 $30,000.00
$ 37QO-iOi- 722 @) (20) ADJ. INCREASING ENCUMBRANCE /I / 1985 I FUNCTION
$
$
ADJ. DECREASING ENCUMBRANCE LINE ITEM ALLOTMENT
I hereby cert~fv upon my own personal knowledge chat budgeted funds are avallable for this encumbrance,
SIGNATURE OF ACCOUNTING OFFICER DATE
T.B.A. No.
DPR 736 (3/85)
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CALIFORNIA PARK & RECREATIONAL FACILITIES ACT OF 1984
Project Agreement
Speclal Provisions
General Provisions
A. Definitions
1. The term “State” as used herein means the California State Department of Parks and Recreation.
2, The term “Act” as used herein means the California Park & Recreational Facilities Act of 1984.
3. The term “Project” as used herein means the project which is described on page 1 of this agreement.
4. The term “Applicant” as used herein means the party described as applicant on page 1 of this agreement.
8. Project Execution
1. Subject to the availability of grant moneys in the Act, the State hereby grants to the Applicant a sum of money (g
moneys) not to exceed the amount stated on page 1 in consideration of and on condition that the sum be expende
. carrying out the purposes as set forth in the Description of Project on page 1 and under the terms and condition
forth in this agreement.
Applicant agrees to assume any obligation to furnish any additional funds that may be necessary to complete
project. Any modification or alteration in the project as set forth in the application on file with the State mur
submitted to the State for approval.
2. The Applicant agrees to complete the Project in accordance with the time of project performance set forth on pag
and under the terms and conditions of this agreement.
3. Development plans and specifications or Force Account Schedule shall be reviewed and approved by the State.
4. The Applicant shall secure completion of the development work in accordance with the approved development PI
and specifications or Force Account Schedule.
5. The Applicant shall permit periodic site visits by the State to determine if development work is in accordance with
approved plans and specifications or Force Account Schedule, including a final inspection upon Project completi
6. All significant deviations from the Project shall be submitted to the State for prior approval.
C. Project Costs
. The Grant moneys to be provided Applicant under this agreement may be disbursed as follows:
1. State may disburse up fo 10% of the State grant amount set forth on page 1 of this agreement upon full execution
the agreement.
2. State may disburse up to 100% of the State grant amount set forth on page 1 of this agreement upon receipt a
approval by State of Applicant’s plans and specifications or Force Account Schedule.
3. After approval by State of Applicant’s plans and specifications or Force Account Schedule and after completion of t
Proiect or any phase or unit thereof, State may disburse to Applicant upon receipt and approval by State of a staterne
of incurred costs from Applicant the amount of such approved incurred costs shown on such statement, not to exce
the State grant amount set forth on page 1 of this agreement, or any remaining portion of such grant amount to t
extent of such statement.
The statements to be submitted by Applicant shall set forth in detail the incurred or estimated cost of work perform1
or to be performed on development of the Project and whether performance will be by construction contract or I
force account. Statements shall not be submitted more frequently than ninety day periods unless otherwise request1
by State.
Modifications of the development plan and schedule must be approved by State prior to any deviation from the St:
approved plan and schedule unless previously authorized by the State.
D. Project Administration
1. The Applicant shall promptly submit such reports 3s the State may request.
In any event Applicant shall provide State a report showing total final Proiect expenditures.
DPR 737 (3/85) 2
.. /: 1 1 ., e 0 / 2. Property and faciIities deveioped pursuant to this agreement shall be available for inspection by the State up(
3. The Applicant shall UK any moneys advanced by the State under the terms of this agreement solely for 1
herein described.
4. If grant moneys are advanced, the Applicant should place such moneys in a separate interest bearing account, . and identifying such account prior to the advance, interest earned on grant moneys shall be used on the proj
to the State. If grant moneys are advanced and not expended, the unused portion of the grant sball be retur
State within 60 days of completion of the Project or end of the Project performance period, whichever
5. Income earned by the Applicant from a State approved non-recreational use on a grant project shall be usel
ational purposes at the grant project, or, if approved by the State, for recreational purposes within the I
jurisdiction.
E. Project Termination
1. The Applicant may unilaterally rescind this agreement at any time prior to the commencement of the Prc
Project commencement this agreement may be rescinded, modified or amended by mutual agreement
2. Failure by the Applicant to comply with the terms of this agreement or any other agreement under the P
cause for suspension of all obligations of the State hereunder.
3. Failure of the Applicant to comply with the terms of this agreement shall not be cause for the suspension o
tions of the State hereunder if In the judgment of the State such failure was due to no fault of the Applica
case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall
for reimbursement under this agreement.
4. Because the benefit to be derived by the State, from the full compliance by the Applicant with the terms oi
ment, is the preservation, protection and net increase in the quantity and quality of beaches, parks, pub1
recreation facilities and historical resources available to the people of the State of California and because 51
exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by w
. moneys under the terms of this agreement, the Applicant agrees that payment by the Applicant to the
amount equal to the amount of the grant moneys disbursed under this agreement by the State would be
compensation to the State for any breach by the Applicant of this agreement. The applicant further agree'
that the appropriate remedy in the event of a breach by the Applicant of this agreement shall be the specific
performance of this agreement.
F. Hold Harmless
1. Applicant hereby waives all claims and recourse against the State including the right to contribution for los!
to persons or property arising from, growing out of or in any way connected with or incident to this agreen
claims arising from the concurrent or sole legligence of State, its officers, agents, and employees.
2. Applicant shall indemnify, hold harmless and defend State, its officers, agents and employees against any ant
demands, damages, costs, expenses or liability costs arising out of the acquisition, development, constructior
or maintenance of the property described as the Project which claims, demands or causes of action arise I
Law or otherwise except for liability arising out of the concurrent or sole negligence of State, its officers
employees.
3. In the event Stare is named as codefendant, the Applicant shall notify State of such fact and shall represent
legal action unless State undertakes to represent itself as codefendant in such legal action in which event Stal
its own litigation costs, expenses, and attorney's fees.
4. In the event of judgment entered against State and Applicant because of the concurrent negligence of State
cant, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be
court of competent jurisdiction. Neither party shall request a jury apportionment.
G. Financial Records
1. The Applicant shall maintain satisfactory financial accounts, documents and records for the Project and
them available to the State for auditing at reasonable times. Such accounts, documents and records shall be
the Applicant for three years following project termination or completion.
During regular office hours each of the parties hereto and their duly authorized representatives shall have
inspect and make copies of any books, records or reports of the other party pertaining to this agreemenl
related thereto. Applicant shall maintain and make available for inspection by State accurate records of all
disbursements and receipts with respect to its activities under this agreement.
2. The Applicant may use any generally accepted accounting system.
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H. Use of Facilities
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1. The property acquired or developed with grant moneys under this agreement shall be used by the Applicant on11
the purpose for which the State grant moneys were requested and no other use of the area shall be permitted excer
. specific act of the Legislature.
2. The Applicant agrees to maintain and operate the property acquired or developed for a period commensurate wit}
type of project and the proportion of State grant funds and local funds allocated to the capital costs of the prc
I. Nondiscrimination
1. The Applicant shall not discriminate against any person on the basis of sex, race, color, national origin, age, reli
ancestry, or physical handicap in the use of anv property or facility acquired or developed pursuant to this agreer:
2. The Appiicant shall not discriminate against anv person on the basis of residence except to the extent that reasof
differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions 01
project agreement.
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