HomeMy WebLinkAbout1982-06-22; City Council; 6982-1; Addendum to joint powers agreementCITY OF CARLSBAD -AGENDA JILL
MTG 6/22/82
DEPT._QE3Z
TITLE: ADDENDUM TO JOINT POWERS AGREEMENT TO
CONDUCT EXCAVATION IN THE BUENA VISTA LAGOON
CONTRACT NO. 1117
DEPT. HD._
CITY ATTY
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RECOMMENDED ACTION:
Adopt Resolution No. ^9/^3 approving an addendum to the Joint Powers
Agreement between California Department of Fish and Game and the City of
Carlsbad.
ITEM EXPLANATION:
California Department of Fish and Game has notified the City of Carlsbad that
funding for the project, as approved in the original Joint Powers Agreement,
may be partially withheld. Legislative action is currently being taken to
insure full funding but the results will not be known until July 1, 1982.
The requested action is to approve an addendum to the Joint Powers Agreement
so that the project may proceed even if only partial funding is available.
The attached letter from the California Dpartment of Fish and Game and the
summary of the conference call held between the State staff and the City staff
on June 3, 1982 give further details concerning this Amendment.
The proposed Addendum to the Joint Powers Agreement has been reviewed and
approved by the City Attorney's office.
FISCAL IMPACT:
The revised contract figures will insure that sufficient engineering funds
are available to proceed with the proj ect whether with full or partial
funding.
EXHIBITS:
1. Resolution No. (o*J / 3 approving Addendum to the Joint Powers
Agreement between California Fish and Game and the City.
2. Letter from California Fish and Game dated June 4, 1982.
3. Summary of conference call on June 3, 1982.
STATE OF CALIFORNIA—RESOURCES AGENCY EDMUND G. BROWN JR., Governor
DEPARTMENT OF FISH AND GAME
1476 NINTH STREET
SACRAMENTO. CAlirORNI A 95814 1? Tf f~* "p* T ~\T Tj^ T>
(916) 445-4840
JUN-919S2
CITY OF CARLSBAD June 4, 1932
Developmental Services
Ronald A. Beckman
Assistant City Manager
1200 Elm Avenue
Carlsbad, CA 92008
Dear Mr. Beckman:
This will confirm our discussions of yesterday regarding the Buena Vista
Lagoon Project and the status of the funding for the Joint Powers Agreement
between the City of Carlsbad and the Department of Fish and Game.
The project as contemplated in the existing agreement which has been signed
by the City and the Department of Fish and Game is funded from two sources.
The Energy and Resources Fund (ERF) for $496,268, and the California
Environmental License Plate Fund (CELP) for $493,732. This agreement was
actually forwarded to the Department of General Services for final approval
but was returned by that Department due to the shortfall that was occurring
in the ERF funds. We are now holding that contract pending a resolution of
the funding from ERF. In fact, the original ERF funds have been reverted
by the Department of Finance and are no longer available to us during this
current fiscal year. The remaining CELP funds would be sufficient only for
Phase I of this project and related design, administration, inspection and
contingencies cost.
With regard to the funding from ERF, both the Senate Finance and the Assembly
Ways and Means Subcommittees have restored $496,000 to the budget which will
be available if approved by both houses on July 1, 1982. Restoration of
these funds will enable the entire project to proceed as originally planned.
To cover the possibility that ERF funds will not become available on July 1,
1982, and to avoid any further delays after July 1, 1982, the Department of
Fish and Game will process a second contract document for Phase I only to be
funded from CELP. This second document will be provided to you shortly for
signature and will be released to the Department of General Services when
returned to us.
Based on a discussion with the legal staff in the Department of General
Services who is the final state approving authority, we have made a slight
change from the agreed upon method of handling this second contract as
discussed in our conference call. Rather than taking the original agreement
and correcting it with strike outs, we are preparing an addendum to the
original agreement which will make the necessary modifications to change
the document to provide for Phase I Project only. We are advised by legal
counsel that a second resolution by the City will be required whether we use
the addendum or the strike out technique to provide for the funding contingencies,
Ronald A. Beckman -2- June 4, 1982
The advantage of the addendum is that it will become part of the original
contract together with both resolutions and can be processed for final
approvals by General Services as soon as we have it available. This will
avoid the need of waiting for clarification of funding and availability
of budgeted funds on July 1, 1982.
I appreciate the cooperation we have received from your office and trust
that the arrangements described above will be satisfactory. If I can be
of any further assistance in this matter, please give me a call at (916)
445-4840.
//
Sincerely,
R. L.IWilde
Assistant Deputy Director
Administration
RLW:mm
cc: Fred A. Worthley, Regional Manager, Region 5
Earl Lauppe, Region 5
Jim Messersmith, Assistant Deputy Director Operations
Fiscal
Attachment (Summary of Conference Call)
SUMMARY OF CONFERENCE CALL
6/3/82
This is a summary of the discussion held on our conference call on
June 3, 1982 between the following parties:
Ronald Beckman, Assistant City Manager, Carlsbad
Fred Worthley, Regional Manager, Region 5, CDFG
Earl Lauppe, Associate WMB, Region 5, CDFG
Jim Messersmith, Assistant Deputy Director Operations
Ray Wilde, Assistant Deputy Director Administration
The purpose of the conference call was to summarize the status of the
funding for the Buena Vista Lagoon project and to identify the funding
that is proposed for July 1, 1982.
As a result of this conference discussion, the following items were
agreed to:
1. A letter will be prepared to the City of Carlsbad explaining
the current funding situation and the funding expectiations for
July 1, 1982. This letter will be prepared by Ray Wilde.
2. A "second" contract will be prepared by DFG that will eliminate
funding from the Energy and Resources Fund. This contract will
be for the amount of $493,732 funded from the California
Environmental License Plate Fund. This contract would provide
for Phase I work of $440,000 plus $53,732 for design, administration,
inspection and contract contingencies.
3. The Department of Fish and Game will hold both versions of the
agreement, that is the one for the full $990,000 and the second
agreement for reduced funding from the California Environmental
License Plate Fund until July 1 at which time the appropriate
contract will be presented for final approvals.
4. The City will proceed immediately with engineering work, which
it is understood is within the funding from the California
Environmental License Plate money.
1 RESOLUTION NO. 6913
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN ADDENDUM TO THE JOINT POWERS
3 AGREEMENT BETWEEN THE CALIFORNIA DEPARTMENT OF FISH AND
GAME AND THE CITY TO CONDUCT EXCAVATION IN THE BUENA
4 VISTA LAGOON
5 WHEREAS, the City of Carlsbad on April 20 , 1982, approved a Joint
6 Powers Agreement to conduct excavation in the Buena Vista Lagoon to remove
7 deposits of silt caused by flood damage, and;
8 WHEREAS, full funding as authorized in the Joint Powers Agreement may
9 not be available to the state budget, and;
10 WHERE AS, it is desirable on the part of the State Department of Fish
11 and Game and the City of Carlsbad to proceed with the project in the event
12 partial funding is available.
13 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
14 Carlsbad, as follows:
15 1. That the above recitations are true and correct.
16 2. That the attached Addendum to the Joint Powers Agreement labeled
17 Exhibit A accurately reflects the changes agreed to by the City of Carlsbad
18 and the California Department of Fish and Game, and also provides necessary
19 funding and authority for the City to proceed with the modified project.
20 3. That the agreement attached as Exhibit A is approved and the Mayor
21 is authorized to sign on behalf of the City.
adjourned
PASSED, APPROVED AND ADOPTED by the City Council at a/regular meeting
23 held on 22nd day of June > 1982, by the following vote to wit:
24 AYES: Council Members Casler, Lewis, Kulchin and Chick
25 NOES : None
26 ABSENT: None
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ATTEST: MARY CASLER, MAYOR
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""~:ALETHA L. RAUTENKRAlNZ, City Clerk
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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,
("City") 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.
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.
B. 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 of the Joint Powers Agreement shall be construed as follows:
(i) All references to the Project in Sections 1, 2 and 3 of the agreement
shall be construed as Phase 1 of the project only.
i
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
($75,000.00) and Item 2 of Exhibit A shall be deemed nonapplicable
to the agreement .
IN WITNESS WHREOF, we have entered into this Addendum to the Joint Powers
Agreement on
CITY OF CARLSBAD
Ostf£U MARY CASI^R, Mayor
ATTEST:
C_trr
CALIFORNIA DEPARTMENT OF FISH AND GAME
i^jijfLfcL*
Fiscal Officer
Exhibit A
. **
Cost Estimate for Buo.na Vista Lagoon Restoration Project
1. Phase I
Project Mobilization ' •$ 40,000
Excavation ~'$5/cy-est. 80,000.yards
and restore islands •' 400,000
2. Phase II
Excavate additional $5/cy 80,000 yards
• finish islands, remove haul causeways , . 450,000/ -
3. City Design, Contract Administration and inspection 63,000
4. Contingency 37,000
Total '•.$ 990,000