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HomeMy WebLinkAbout1976-08-17; City Council; 3742; SDG&E Agreement for Carlsbad Blvd Improvement.. J .- r- -. AGENDA BILL N0.3~A ___ August 17, 1976 Pub1 i c Works ___ - -- ---- ___-- DATE : DEPARTMENT: __ ___._ ---- ______- Initial: Dept. Hd. __-- C . Atty .dB CI L C. Mgr. J ____II_~ _____I_ - - - - - __ __ I_ I_ _. ._ -- -_ ____ ___ SuhJect: SAN DIEGO GAS & ELECTRIC AGREEMENT FOR CARLSBAD BOULEVARD __ ____I--- ___ -- IMPROVEMENT __-- ___- Statcwnt of the M.-ittcr __ - -. - __ - - - - - - San Diego Gas & Electric as a condition of the passage of Ordinance #9279 is required to construct that portion of Carlsbad Boulevard adjacent to their holdings. paymentto the City of funds in lieu of construction. proposed to allow the City to coordinate the timing and location of these improvements with the proposed Agua Hedionda lagogn bridge in-let rep1 acement. The attached agreement provides for This is being The agreement also provides that in the event those beaches currently leased to the City are not dedicated as public beaches, S.D,G.&E. will pay for the cost of street improvements adjacent thereto. Exhibit A. Staff Memorandum dated August 9, 1976 B. Resolution No.3777 . C. Agreement. Recommendaticn If the Council desires to approve the agreement, your action is to adopt Resolution No. Council action 8-17-76 Resolution #3997 was adopted, approving agreement between City and San Diego Gas & Electric Agreement and authorizing Mayor to execute same. MEMORANDUM August 9, 1976 TO: City Manager FROM: Pub1 i c Works Administrator SUBJECT: San Diego Gas & Electric Agreement for Carlsbad Boulevard Improvement City Council in 1971 approved a specific plan for the enlargement for the San Diego Gas & Electric Encina power plant facilities by adoption of Ordinance #9279. A condition of that ordinance required S.D.G.&E, to improve all frontages of Carlsbad Boulevard except those adjacent to dedicated parks or public beaches. Because of the apparent need to replace the Agua Hedionda Lagoon inlet bridge, City staff requested S.D.G.&E. delay installation of improvements until more detailed information concerning the line and grade of the bridge could be obtained. Obtaining this information became more difficult than anticipated. As a result of this, staff from S.D.G.&E. and the City began meeting to discuss a way to coordinate the work. At a meeting held in City offices on December 17, 1975, City staff discussed the details of the proposal with S.D.G.&E. staff. benefit for both parties would be obtained by S.D.G.&E. agreeing to pay funds to the City in lieu of construction. This has an additional benefit to the City in that if grant funds for the bridge replacement and/or road construction could be obtained, the Utility company's funds would provide a major source of matching funds. These funds would draw an annual interest rate after July 1, 1976 of 8% per annum until called for. of construction of improvements and pavement along the entire frontage on both sides of Carlsbad Boulevard, including the bridge crossing, but excepting those parcels proposed to be dedicated to the public for beach purposes and excepting the Cannon Park frontage. Park frontage, so the sum includes the cost of constructing a sidewalk only in this area. In addition to the transfer of funds, S.D.G.&E. will construct sodium vapor street lights (20,000 lumen) on 300 foot intervals, at their expense, and turn them over to the City. will be the same as for other City owned lights. It was agreed that the best Funds would be held by S.D.G.&E. until requested by the City. The amount proposed, $231,200, is the estimated cost Curb, gutter, and pavement exists along the Cannon Future power rates for these lights City staff expressed to S.D.G.&E. their opinion that those sections of beach currently under lease to the City should be dedicated to the State. Council concurred in this recommendation by minute motion on May 18, 1976 (Agenda Bill #3657). The attached agreement provides that S.D.G.&E. will pay to the City the sum of $42,344 for those improvements adjacent to the beaches in question. City Manager August 9, 1976 Page 2 This amount would be in addition to the previously stated $231,200 but, should S.D.G.&E. grant a public beach easement prior to the completion of plans and specifications for this project, the obligation for payment of the $42,344 will be re1 i eved . RECOMMENDATION It is recommended that this attached agreement be forwarded to the City Council with a recommendation for approval. b RonaTd A. Beckman Public Works Administrator RAB/wv cc: City Planner City Engineer Assistant Manager 1 2 3 4 5 6 7 e 9 1c 11 19 20 -- 21 -22 23 24 25 26 27 _. - 28 RESOLUTION NO. 3997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,-APPROVING AN AGREE- MENT BETWEEN THE CITY OF CARLSBAD AND THE SAN DIEGO GAS & ELECTRIC COMPANY PROVIDING FOR CARLSBAD BOULEVARD IMPROVEMENTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREE- MENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of ' Carlsbad and the San Diego Gas & Electric Company, providing for construction of improvements to Carlsbad Boulevard, a copy of whicl is attached hereto marked Exhibit "A" and made a part hereof, is hereby approved. . 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. :%: > PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 17th day of- August , 1976 by the following vote, to wit: AYES : Councilmen Lewis, -Skotnicki and Councilwoman Casle NOES : None d ABSENT:-- €ouneilman Packard - ABSTAI-IUfD: '€~%nci tman FrazeF ROBERT- C. FRAZEE , Mayor 0 ATTEST : . ,AGREEMENT FOR CARLSBAD BOULEVMQ' IMqROVEMENTS _. This agreement is made this 17th day of Augus't , 1976, by and between the City of Carlsbad, a municipal corporation of the State of California, hereinafter referred to as "City" and the San Diego Gas. & Electric Company, a .California corporation, hereinafter referred .. to as "SDG&E". 'a . .. .. WITNESSETH WHEREAS, in 1971 SDG&E applied to the City for specific plan . approval for certain public utility operations in the City of Carlsbad; and WHEREAS, as a condition of approval of said applicatitG.1, SDG&E was required by Section 2, Condition 13(A) of City Council Ordinance No. 9279 to construct street improvements, including curb, gutter, sidewalk, street- 1-ights and-twenty feet of paving almg each side of SDG&E!srproper,ty which . has frontage on Carlsbad Bouf-evard; except - pub1 ic beacks and property . dedicated for public pwfcs. Portions of SDG&E property constituting potential public -beaches are identified in Exhibit A, attached hereto and - - made a part hereof. _^I. - WHEREAS, Citgarrd SDG&€ have reached-agreement regard-i-ng the provisions - - _- for the construction of strchimprovements and the satisfaction of SDG&E's o bl i gat i on s i n that - reg-: _, . NOW, THEREFORE, -*-paptjes hereto- -agree as fo1 TOWS: -.T 1.. SDG&E agrees to -in?stall high pressure sodtun varpor streetlights to City of Carlsbad specfficatiws on three hundrd foot centers along the. entire frontage of -SWE-plnoperty along Carlsbad Boulevard, which for purposes - .. .‘ I of this section shall inclukdhe Cannon Park -aadJub3k-&each properties. 2- . __ - SDG&E’s LS2 charge rate shalI-’be utilized. SDG&E Epees to commence the installation of a14 required lights within ninety ’days after iritten notice requiring the cons-~lrructi-sn--if-rnailed by City to SDGfhf.- SBG&E shall be responjible for paying all costs of installation of the streetlights re- quired by this section which shall be in addition to their obligations pursuant to Section 4 of this agreement, 2. City has planned a major improvement project for Carlsbad Boulevard between its intersections with Cannon Road and Tamarack Avenue, which includes all portions of SDG&E’s property subject to the improvement obligations of Ordinance No. 9279.. This project .will include the recon- struction of the Carlsbad Boulevard bridge over the Agua Hedionda Lagoon Channel. City and SDG&E agreed it is to their mutual benefit to combine - and integrate. City’s improiwnent projeet with .the. cat@xuc.tion by.SDG&E. -.. ~ of the improvement in satisfact-im of Mseir-vbl-igath ==The combination of the various con-s%~~tions- necessarywtll -ulew+t fn a net -reduction of the construction costs -fat- wh+ck&ar=h party would .kindiviawlly. responsible . - . - . - - - - and, in addigion, SII&E.-wi11 benefit from the expenditures to- be made by . City in conjunctiun-wiffrtk-pl”ojecti- . -- --- -- c -- the City‘s improvement pr whole and to accoiq31is)t4&=-wwk at ihe same 4i@e-&ilizing a- sgngle con-- -.-- ~ tracting authority, - Me paWes--hereto estimate- tbrmrfrpproximate?y-- seven thousand-feet of properky -SDG-lhE with fmntage on Carlsbad - -Boulevard which is subject 4a -the improvement obtigathw Utttif-fina% .. . .. . .. -- ~. ___ , . - ... 2. design of the project*is complete, it is not possible to determine the emct nature of -the improvements to be cons+ructed- at any-puint on that frontage. requirements of Ordinance No. 9279 or portions may have less than tbe list ---Y Portions of SDG4EI-s property may be improved in of improvements indicated therein consistent with the overall -design of the project to be approved by City. 4. SDG&E and City agree that the sum of $231,200 is a fair estimate and approximation of the total cost -of SDG&E's obligation for public improvements pursuant to Ordinance No. 9279. SDG&E agrees to pay, and the - City agrees to accept, said sum of $231,200 in full satisfaction of SDG&E's obligation to construct such improvements. Upon deposit by SDG&E of the I__ $231,200, and- the City's acceptance thereof, SDG&E will be relieved of all 'further obligations in regard to Section 2, Condition 13(A) of Ordinance No. 9279, except as provided in Sections 1 and 8 of this agreement. -. r 5. SDGt7rE agrees to deposit the sum of $231,200 witK the City of Carlsbad imediately upon receipt of-a written demand therefor from the City. The City may makesuch demand at any Eime on or-aytw July 1-, 1976. .. SDG&E retains the r'ight; r after July 1; T9E; 6 teridiw the money to - ~ Lity in full satisfaction -oE..tkeir ob3-fgert-irrm-hmmder - July 1 , 1976, SDG&E agr 4 - . $231,200, interest at twratr-e of %-per year,-mrnpserrJ&d daily,: Sffi&E's. = L obligation to pay interest ,&all terminate upon-depo.sit.gf the $231,200, - . plus accrued interest, if a~*'to-t#te payment. &&e. - agreement for the costs of the -integrated improvemmt-qwqw ' ~&-$or- Gar3sWl .. 6. City agrees to utilize a31 mies pa+d--by-SDf3&€ pwsua&--to this --:- - '-Boulevard between itsistersections -with Canno-& The funds will -be---& as a por$-+on ~f-%;he payment for the entire pro-ject costs . 3. The exact nature andextent of the public improvements to be constructed at any particular oimft-%n €%irkbad Boulevard may-vary in the City's sole d3scretion. €ity agrees to eorts&t wikh SDG&E -.rggarding====e improvements to be constructed-prior to the invitation for bids for the project. -- 7,. The parties hereto understand that the integrated project contemplated by this agreement is dependent for a significant portion of its funding on grants from other governmental enti ties. Notwithstanding the provisions of Section 6, in the event City determines all or any portion 9 . of such grants will not be forthcoming as anticipated by City, or City otherwise determin'es not to proceed with such project, the funds deposited by SDG&E in accord with this agreement may be used by City for improvements to Carlsbad Boulevard between its intersection with Cannon Road and Tamarack Avenue. at any particular point on Carlsbad Boulevard may vary in the City's sole discretion. The exact nature and extent of such improvements to be constructed City agrees ta-btify SDG&E of h-..electicl-n-$ia proceed- pursuant _. __ . -to this section and to consult wfth SDG&€-regarcHng-the improvements- to be .- constructea prior- to the invitations for bids for such improvements. 8. Portions of -SDG&E's .property are id Iffed on Exhibit A as potential publ i c beache-s-;--ftre park-i-es ag?ee 3dat th $42,344- --_ for publ jc improveme#& putBuant to Ord+rtance-No-, -927-9 fQr such property. I -SDG&E agrees to pay, and Gi-Qagrees. to .accept,. sairl_sum,st $42,344 in full __r__i__l__l__ ~ -will be relieved of-,at-f_furt~er-~~tig~€iorts-=in- regad-to- Section 2, Condition 3( A) of Ordinance- No regards to suckp~sp xcept as provided-- - - - in Section 1 -of -this agreement; ~ -SfX&E-*s &ti-gatisns, pursuant to this __ section, shall be-in iddition to their obligat-ions under Sections 1 and 4 of this agreernenti---AtT provisions of thl's agreement applicable to the $231,200 payment shall -also apply to the $42,349- payment required by this - section of the agreement. Ordinance No. 9279-exempts public beaches from the public improvement .. requirement. beaches become in fact public beaches as hereinafter provided, SDG&E shall be relieved of a17 further obl:2ations under this section and any money deposited by SDG&E pursuant t.0 this section shall be returned by City. The parties agree 'that- the properties will become public beaches upon the If the properties identified on Exhibit A as potential public . grant by SDG&E of an easement for.the public recreational rise of the property to the State of California under terms and conditions acceptable to City, or upon the grant by SDG&E of the property, or.an interest in.the property, to City for public recreational use under terms and conditi'ons acceptable to City. the grants referred to herein must be accomplished and be of record prior to the approval by CTty of plans and specifications for th-e construction of the improvement to Carfshad Boulevard contemulated by this agreement. city agrees to' notify SDG&E -s'ixty day In order to be relieved of their obligations under this section, -of the plans and speci-fic&-kwto -tkXity- Ccmcifirzmprwa;l~ - 9. Notices to be gfven -from or to either-paeymay --be addressed- as f 01 1 ows : .L a.- SDG&E at IO1 Ash S-treet, San DI'.eg@,- 92101 b, City at 1200 Elm Avenue, CarlSbad, CaiS;-92088 ~ L- ._* --Notices shall be- deemeel giYerr-tte.reunder wh-en ph-md, by- -ei ther-bparty in the United States mail, postawwpaid, -certif-ied-and -properly addressed to - . 5. __ the other. sw- IN WITNESS WHEREOF, thejxtrties have imdividua1ly.exectrted and caused this agreement to be executed for and on behalf of each by thelr respective officers or agents as of the-day and year first above written. SAN DIEGO GAS & ELECTRIC COMPANY A California Corporation ATTEST : - ‘ASSISTANT SECRETARY CITY OF CARLSBAD, A MUNICIPAL Corporation of the State of . California BY ROBERT C. FRAZEE, Mayor ATTEST: e. . I APPROVED AS TO FORM: -- -- - - < ..- City Attorney - _I ,- -- 6. *. gr *. . MEMORANDUM August 9, 1976 TO: City Clerk FROM: Public Works Administrator SUBJECT: San Diego Gas & Electric Agreement for Carlsbad Boulevard Improvement Attached are the signed original and two signed copies of an agreement between S.D.G.&E. and the City of Carlsbad for the payment to the City of funds in lieu of construction street improvements along Carlsbad Boul evard. I am forwarding an Agenda Bill to the City Council requesting their approval of the agreement. These are being transmitted to you for safe keeping until council approves and the Mayor signs. copy which has on page 6 the note "approved as to form'' and signed by *. -" -_ ~~~ ____) --*----"*--'--'* 1 - - 1. 7- 1 When this is done, please return to S.D.G.&E. that -d- Patricia A. Cowett. 4- --- ~ ..-._-- *1 - Ronald A. Beckman Pub1 ic Works Administrator RABIwv cc: City Attorney Attachments