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HomeMy WebLinkAbout1990-12-18; City Council; 10956; AMENDMENT TO AGREEMENT FOR THE CONSTRUCTION OF THE CARLSBAD TRANSIT CENTERd Lu > 0 cr; L a 4 2 0 r= 2 =! 0 2 3 0 0 DEPT, CITY, CITY AMENDMENT TO AGREEME 3R THE CONSTRUCTION OF THE CARLSBAD TRANSIT CENTER AM- a m NIT".%! DEPT. RECOMMENDED ACTION: Adopt Resolution No. yfl-45@ i APPROVING the first amendment to the agri construction and operation of the Carlsbad Transit Center and authorizing the Mayor agreement. ITEM EXPLANATION On February 20, 1990, the City Council approved an agreement between the City 1 the County of San Diego and North San Diego County Transit Development Board (NI the construction, maintenance and operation of the Carlsbad Transit Center. Per agreement, the North County Transit District (NCTD) and the county of San Diegc financial responsibilities for the project, including construction, operations and mair Subsequent to approval of the agreement, the North San Diego County Transit Boar to provide additional funding for the project. In order to formalize the increased amendment to the existing agreement is necessary. The following amendments to tt are recommended: SECTION 4, SUBSECTION 7 7. To contribute to the County a maximum of $2.000.000 fOf all felOCati service, design and construction costs for the PROJECT, excluding County's design costs. NSDCTDB shall reimburse the necessary County within 30 days of request by the County. SECTION 4, SUBSECTION 8 8. To provide for all right-of-way costs with funds other than those E Section 4 (7). FiSCAL IMPACT No City funding is required. EXHIBITS 1. City Council Resolution No. f.- #3* approving the first amendment to the construction of the Carlsbad Transit Center. A copy of the Agreement for the construction of the Carlsbad Transit Cei The first amendment to agreement between County of San Diego, Cil Carlsbad Redevelopment Commission and North San Diego County Trans Board for construction of the Carlsbad Transit Center. 2. 3. I i 7 I 2 3' 4 5/ 61 ' 0 91 10 11 l21 l3 14 15 16 17 18 W RESOLUTION NO. 90-a A RESOLUTlON OF THE CITY COUNCIL OF THE CITY OF CAR1 CALIFORNIA, APPROVtNG THE FIRST AMENDMENT TOTHE AGREEME THE CONS TRUCTION 0 F THE CARLSBAD TRANSIT CEN TFR. WHEREAS, the City Council, at their meeting of February 20, 199C agreement for construction and operation of the Carlsbad Transit Center; anc WHEREAS, the North San Diego County Transit District Board has, Council approval, agreed to provide additional funding for the project; and WHEREAS, an amendment to the existing agreement is necessary to for funding; NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council authorizes the Mayor to execute the amen attached hereto, for the construction of the Carlsbad Transit ( PASSED, APPROVED, AND ADOPTED at a regular meeting of the Cit City of Carlsbad, held on the 18th Of-Qgcember , 1990, by the followin I " AYES: Council Members Lewis, Larson and Nygaard I 2o 21 22 231 24j, 25 26 27 20 ABSENT: Council Member Kulchin ABSTAIN: Council Member Stanton ATTEST: && J ALETHA L. RAUT (SEAL) W a PI-T - TO AGRJ!EMZW"Z BETW'SEM COUMTY OI 8- DIEGO CITY OI CARISBAD, CARL8BAD REDmLOPWBIIT COMII8810H AND NOR= SAll DIM0 COmFpY TRA#SIT D~LOPXEHT BOARD POR CObl8TRUCTIOM Ot TEZ CARLSBAD TRANSIT CENTER This First Anendaent to the Agreement tor the Construction Q Carlsbad Transit Center (County Contract No. 28696-A) is mad entered into this day ot , 1990, bq between: The COUNTY OF SAN DIEGO, a political subdivision of the St California, hereinafter referred to as 88COUNTYn; The CITY OF CARLSBAI), a municipal corporation of the Sta California, hereinafter referred to as @@CITY"; The CARLSBAD REDEVEIDPMENT COMMISSION, hereinafter referred The NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD, tTOMMISSIONn; and hereinafter referred to as "NSDCTDBn. WITNESSETH: WHEREAS, the above parties entered into an Agreement (C Contract No. 28696-A) for construction of the Carlsbad TI Center on March 13, 1990; and WHEREAS, the above parties now desire to amend the Agreeme specify additional funding responsibilities; NOW THEREFORE, it is mutually agreed that County Contrac 28696-A is hereby amended as follows: 1. "SECTION 4 NSDCTDB AGREES" SUBSECTION 7 IS HEREBY AMEN1 READ: 7. To contribute to the County a maximum of $2,000,00 all relocation assistance service, design and construction for the PROJECT, excluding $100,000 of County's design { NSDCTDB shall reimburse the necessary funds to the County 1 30 days of request by the County. 2. "SECI)ION 4 NSDCTDB AGREES" SUBSECTION 8 IS HEREBY AMEN READ: 8. To provide for all right-of-way costs with funds than those provided under Section 4 (7). 1 e e IN WITNESS WHEREOF, the parties hereto have caused this Ag nth, day and year above ATTEST City Clerk secreta& DATE! : 12-21 -?s DATE: 1% \ %t\ - m NORTH SAN DIEGO COUNTY COUNTY OF SAN DIEGO $& /. M- Clerk, Board of Supervisors ATTEST APPROVED AS TO FQRM AND LEGA BY: %&&& &/A hi&ty Counsel * DATE : /&2 7- 90 DATE: /(- /-7c’ hproved andlcr alrthorind by the 8wrj ~t Supervisors of the bunt7 of Sn Diem NOVEMBER 13, 1990 (14) i&%%&, .?*)& [Ihf nl tht &*,’ r: .:I pe3lsc;rs 2 Street Improvements Station WorWSite Furnishings Christiansenlcedar: completed on 1/9/9' Start: 1/16/95 Grand Avenue: Cor Finish: 3/20/95 3/1/95. Washington Street: See notes above. Christiansen/Cedar 1/21/95. Completec Road closed to thrc of 1/21/95 but acce needed for deliveric Road completely CIS vehicle traffic as of vehicle access pro\ Grand via the Alley access available dl closure via previou: sidewalks. Start: 11/28/94 Started by 11/28/9! Finish: 4/28/95 complete. Anticipat construction will be 711 0195. CHRONOLOGY OF CITY DOCUMENTED CONTACTS WITH BAUER LUMBEF Date of Contact Reason Cornrne November 4, 1994 Craig Bauer expressed concern regarding access to Bauer Lumber during construction. City Letter sent to County requesting that special attention be given to vehicle access needs. Approval of Traffic ( the City was conditi maintaining vehicle properties from eith Christiansen/Cedar. November 23, 1994 Preliminary construction schedule On schedule, it was faxed to Craig Bauer. no construction acti occur on Christians before January, 19s & grading would oc to 1/6/95. Curbs & 1 be constructed from 3/3/95 and paving f occur 3/6/95 to 3/21 Telephone call from Craig Bauer NCTD was contactc to City expressing concern that methods for improv demolition of Cedar Street had communication witt taken place without prior contact. Lumber. At this timc Mr. Bauer also requested 1) was not willing to rc removal of center median; 2) removal of median. parking for customers during were discussed wit1 construction; 3) continued access Although maybe no for customers during construction; pedestrian and veh 4) notice prior to road closures. maintained for Baul times during constr Letter to Craig Bauer addressing Mr. Bauer was told concerns regarding light pole in pole was an error i front of one of business delivery removed from the [ doors and outlined proposed activities would be construction activities for the next to install water (fire week. Provided copy of revised plates offered to as construction schedule. deliveries: 3) anticil repaving of alley ar Cedar would begin that both streets WI closed at same tim work initiated; temi access to side doo need to use front d business; and 5) pi suggestions for sig customers of accei Staff reiterated infc January 9, 1995 January 16, 1995 January 23, 1995 Letter to Craig Bauer to provide update on construction activities above. including information regarding the City’s decision to not yet recommend removal of the median or addition of curb cut for south business door. January 27, 1995 Fadletter sent to Craig Bauer indicating that the City reconsidered and approved a modification to the median which staff felt would address Bauer's concerns. Telephone conversation with Craig Bauer regarding update on construction activities. February 17, 1995 February 22, 1995 Letter sent to Craig Bauer regarding the completion of paving work for Christiansen/Cedar. February 24, 1995 Conversation with Craig Bauer regarding City decision to completely remove median due to his ongoing concerns and those expressed by architect regarding modified median design. Letter to Craig Bauer regarding County decision to authorize an additional "move in" expense for the subcontractor to complete paving on Christiansen/Cedar prior to paving the Alley. March 22, 1995 SUMMARY None. Craig was told that now open so Christ would be closed to improvements. Con on cross gutter and paving an entrance State. Anticipated t be complete within work was complete could be made to E Alley off of Grand. 1 need to park on St: Staff indicated that would take an addii weeks due to chani redesign of median weather, and resolt undergrounding of I None. street would not be The paving of Chris and the Alley were done as one job - r But, due to the del: the undergrounding authorized addition complete Christians paving. It was indic work would be corr 3/31 195. W 0 Fit: FO THE INFCIRMi April 4, 1995 --_ . __ __&__. - TO: MAYOR AND CITY COUNCIL Gb VIA: CITY MANAGER FROM SENIOR MANAGEMENT ANALYST, HOUSING AND REDEVELOPMENT ADDITIONAL INFORMATION RELATED TO THE VILLAGE TRANSlT SIATI AND BAUER LUMBER At the Mayofs request, staff contacted North county Transit District (NCID) to obtain information regaxding the financial assistance provided to Bauer Lumber as a result of th relocation of their lumber yard and construction of the Village Transit Station. unfortunz due to a verbal agreement between NCI'D staff and Craig Bauer to not discuss issues re1 to the negotiations for a financial settlement, NCTD staff did not feel that they could sha the topics of negotiations between the two parties or the details of the financial settlemex with the City. Therefore, the following information is based on City Staff's understandiq the financial arrangements made by NCTD to assist Bauer Lumber according to miew c some related documenis: On June 29,1993, NCTD filed a stipulated judgment in Superior Court to conden and take the subject property fmm Bauer Lumber. This judgment indicated that N would provide compensation in the total amount of $625,000 for the taking of the property which was the site of the Bauer Lumber Yard, NCI'D indicated that they would take possession of the southern portion of the property on November 1, 1993 and the remaining portion on Janua~~ 1,1994. Bar Lumber was allowed to maintain possession of the property he of any mt chaxg until NCI'D took possession. Bauer hber waived all claims to relocation benefits as a result of the above no1 compensation. As part of the agreement with Bauer Lumber, NCTD also agreed to provide 12, nl exclusive, two-hour maximum, parking spaw west of and ddjacent to the existing Bauer Lumber store building. After Bauer Lumber made the decision to continue their xetail opemion at its curr location and operate the lumber yard at a location further north on the railroad rig1 of-way (at the end of the Alley), Craig Bauer began negotiating with NCI'D for a longer tern lease lather than the normal month to month. NCID agreed to a five I year lease. The terms of the lease are not known by City Staff. 0 4) o 0 W e s Village Transit Station April 4, 1995 Page 2 Bauer Lumber was required to process a minor redevelopment permit to move tl Lumber Yard to the new location. Following completion of the process, Craig B< made the decision to not pursue the relocation of his complete Lumber Yard. H now leasing a much smaller site from NCTD and stoMg/selling a smaller supplj lumber. City staff is still not aware of the leasing tern between Bauer and NCI The City began working with Bauer Lumber on November 14, 1993 on the reloc of his Lumber Yard to the new site at the end of Alley. The Minor Redevelopmt Pemit was appxuved on March 2,1994. Because the City required a redevelopm permit, NCI'D gxanted an extension to Bauer which allowed him to femain on tb property until March 31,1994. In effect, however, Bauer could have extensions g time untiI NCTD was ready to clear the property and begin construction. If City, recollection is correct, Bauer was allowed to remaiD on a portion of the subject property for nearly a year following filing of the judgment which approved compensation for taking of the prop*. 0 Although NCTD staff was not willing to share the financial details of their arrangements Bauer Lumber, they did state that it was important to note that Bauer hber had a "ma to month" lease with NCTD for the subject praperty which could be terminated at any ti^ The month to month lease payment was very reasonable and well below the market valw Bauer Lumber benefitted for a number of yea^ as a result of this under-valued lease. Bza Lumber was also well-compensated for the requirement to relocate the lumber yard. DEBBIE FOUNTAIN Senior Management Analyst C: community Development Director Housing and Redevelopment Director