HomeMy WebLinkAbout2010-11-23; Municipal Water District; Resolution 14051
RESOLUTION NO. 1405
2
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
3
4
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MUNICIPAL WATER DISTRICT (CMWD) APPROVING
REMIBUSEMENT OF FUNDS TO THE CITY FOR PROTECTING
CMWD UTILITIES AS PART OF THE AMTRAK DOUBLE
TRACKING PROJECT, PROJECT NO. 5516.
5 WHEREAS, National Railroad Passenger Corporation (Amtrak) has entered into a
6 contract with North County Transit District to implement the Carlsbad Double Track Project form
MP 229.4 to MP 231.8 (Project), which includes construction of an additional railroad track and
extensions of protective casings for various City owned water and sewer pipelines, and protection
of two sewer manholes (City Utilities Protection) within the project area; and
WHEREAS, the Project is exempt from the California Environmental Quality Act (CEQA)
per State CEQA Guidelines Section 15275(b) - the institution of passenger or commuter service
on rail lines already in use; furthermore, the Project was identified in a Program EIR that was
certified September 2007 for rail corridor improvements; and
WHEREAS, pursuant to various License Agreements between the City and the owner of
the railroad right-of-way, and the Carlsbad Municipal Water District (CMWD) and the owner of the
railroad right-of-way, the City or CMWD is responsible for paying for the City Utilities Protection
portion of the Project; and
WHEREAS, Amtrak and the City of Carlsbad desire to enter a reimbursement
agreement to satisfy the City's and CMWD's responsibility for payment of the Utilities Protection
portion of the Project; and
WHEREAS, at this time, has been submitted to the City Council for review and
approval, a reimbursement agreement (Reimbursement Agreement) setting forth certain terms and
conditions, for work to be installed and reimbursed pursuant to the Reimbursement Agreement;
and
WHEREAS, a portion of the costs in Reimbursement Agreement are for work related to
the protection of CMWD utilities; and
22
23
24
25
26
28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 "/
21 '"
III
III
III
III
III
III
27
WHEREAS, staff request CMWD reimburse the City for the water facility portion of the
Utility Protection costs included in said reimbursement agreement; and
WHEREAS, Amtrak has contracted with a Kiewit Western to construct the Project and
the bid schedule for the costs of City Utilities Protection is $228,093; and
WHEREAS; the total projected costs for the protection of CMWD utilities is $78,473; and
WHEREAS, funds from the Water Replacement Fund are sufficient to complete the
water facility portion of the project.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad
Municipal Water District (CMWD) of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the President is authorized to execute the reimbursement of $78,473 to the
City for protection of CMWD utilities from the Water Replacement Fund.
///
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 Joint Special Meeting of the
Carlsbad Municipal Water District Board of Directors and the Carlsbad City Council,
held on the 23rd day of November, 2010, by the following vote to wit:
AYES: Board Members Lewis, Hall, Packard and Blackburn.
NOES: None.
ABSENT: Board Member Kulchin.
ATTEST:
INE M. WOOD, Secretary