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HomeMy WebLinkAbout1994-09-20; City Council; 12866; APPROVE AGREEMENT WITH CALIFORNIA STATE LANDS COMMISSION FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECTa* P' z 0 i= 0 a d 0 z 3 8 J -..--- eTY OF CARLSBAD - AWDA BILL 7' ( DEP' AB ' - TITLE: APPROVE AGREEMENT WITH CALIFORNIA MTG. 9/20/94 STATE LANDS COMMISSION FOR THE CITY DEPT. CD BATlQUlTOS LAGOON ENHANCEMENT PROJECT CITY RECOMMENDED ACTION: ADOPT Resolution No. 94-dd.3 APPROVING an agreement with the Califo Lands Commission regarding the processing of the required State Lands Commissil for the Batiquitos Lagoon Enhancement Project. ITEM EXPLANATION: Attached for review and action by the City Council is an agreement with the Califc Lands Commission required for the Commission's processing of the required perm Batiquitos Lagoon Enhancement Project. The agreement involves the reimbursemer to the State for their processing of the application and issuing the State permit sinci majority of the lagoon enhancement will occur upon State owned lands. The Coi did in fact take formal action approving the permit at their meeting of August 3, Sacramen to. Staff recommends approval of the attached agreement. FISCAL IMPACT: The State has estimated their costs to process the permit, review and approve various acquisition documents, perform field inspections, prepare various State project re1 related work will be $25,000.00. Under the terms of the existing reimbursement ai between the City of Carlsbad and the Port of Los Angeles for the Batiquitos projeci project costs associated with administering the project are fully reimbursable from to the City. EXHIBITS: 1. Resolution No. Lands Commission regarding the Batiquitos Lagoon Enhancement Project. Agreement with the California State Lands Commission. 94-J# approving an agreement with the California St: 2. i. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 17 18 19 20 21 z2 23 24 25 26 27 28 e 0 RESOLUTION NO. 94-263 APPROVING AN AGREEMENT WITH THE CALIFORNIA STATE LANDS COMMISSION REGARDING THE BATIOUITOS LAGOON ENHANCEMENT PROJECT WHEREAS, the City Council of the City of Carlsbad, California, has prt entered into an agreement with the City of Los Angeles, acting by and thrc Board of Harbor Commissioners, for the Batiquitos Lagoon Enhancement and WHEREAS, said project requires a permit from the California Stat Commission; and WHEREAS, an agreement has been prepared between the City ai regarding the processing of said permit and the reimbursement of costs a: with processing said permit incurred by the State; and WHEREAS, the City Council of the City of Carlsbad, California, her( it necessary, desirable, and in the public interest to approve said agreen NOW, THEREFORE, BE IT RESOLVED by the City Council of th Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That an agreement between the City of Carlsbad and the State Lands Commission is hereby approved and the Mayor is authc directed to execute said agreement. Following the Mayor's signatui agreement, the City Clerk is authorized to forward five (5) signed copie 1 7 1 2 3 4 5 6 7 a 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 agreement to the California State Lands Commission, Attention: Contracts 1807 13th Street, Sacramento, California, 95814; one (1) photo copy agreement to the Port of Los Angeles, Attention: Lisa Sales, 425 South Palos Street, San Pedro, California, 90733; and one (1) photo copy to the Con Development Department. PASSED, APPROVED, AND ADOPTED at a regular meeting of the C , 1994, by the following votc City Council held on the 70th day of =T. AYES: NOES: None Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila ABSENT: None ATTEST: ALETHA L. RAUT (SEAL) 2. Title of OtEcer hctrng for State Agency ,hereafter calli 0 Reimbursement Agreement For General Permit - Public Agency Use R24192 Article I - Parties 0 This Agreement is made and entered into this 29th day of June, 1993, between City of Carlshad, 2075 Las Palmas D Carlsbad, CA 92009 (hereinafter referred to as "Applicant") and the State of California acting by and through the Sta Commission, 1807 13th Street, Sacramento, California, 95814 (hereinafter referred to as "State"). Article JI - Work To Be Performed Applicant has submitted an application for Geneni Permit - Public Agency Use, pertaining to the applicant's pro$ described as: construction and implementation of Batiquitos Lagoon Enhancement Project, Carlsbad, on file wi and identified as Work Order W20725.206. The State hereby agrees to perform the following services: A. Application Processing: The State shall process the Applicant's project' application. Such services shall include, b limited to, document preparation; negotiation of terms and conditions; field inspections, preparation of field repoi review of survey specifications and results in conjunction with required pre-construction and post-construction sux survey existing beach conditions, including the location of the then elevation of mean high tide from just north of Carlsbad State Beach to the northerly boundary of San Elijo State Beach; office technical review services, apprais coordination with other governmental agencies; but shall not include an environmental analysis or preparation anc implementation of a monitoring program. This Agreement is entered into by the parties hereto with the express understanding that the State cannot assure: approval of the permit or project; 2) that permits from State or local permitting agencies are obtainable; 3) that e State or the Applicant by entering into this Agreement is representing that the project will go forward as propose that either the State or the Applicant is irrevocably committed to proceeding with the project. B. Article III - Payment A. Applicant agrees to reimburse the State for all costs associated with this work according to the Standard ReimbuI Agreement - Standard Reimbursement Agreement consisting of 2 pages, and this Reimbursement Agreement coni pages. Based on the information and contracts existent as of the date of this Agreement, it is estimated that the reimbur enumerated in Article I1 will be: Application Processing Fees $ 25,000.00 Approximate Total Cost $ 25,000.00 Actual costs shall be calculated pursuant to Article VI11 - Reimbursement of Costs. Charges and credits shall be accordance with Articles VIIl and IX of this Agreement. An expense deposit equal to the total estimated cost, less any prior deposit received for this agreement, shall be the execution of this Agreement. Invoices computed in accordance with Article VI11 shall be mailed to the Applicant's Project Manager at the adc Article IV of this Agreement. Payments shall be made to the State's Project Officer at the address listed in Art this Agreement. B. C. Article N - Parties' Agents A. The State's Project Officer shall be: Alan Scott 1 City of Carlsl R24 0 a State Lands Commission 1807 13th Street Sacramento, CA 95814 (9 16) 322-7841 B. The State's Environmental Officer shall be: Mary Griggs State Lands Commission 1807 - 13th Street Sacramento, California 95814 (916) 322-0354 C. The Applicant's Project Manager shall be: John CahilI City of Carlsbad 2075 h Palmas Drive Carlsbad, CA 92009 Article V - Duration of Agreement This Agreement shall be effective from the date first mentioned above and shall remain in full force and effect until the 31st day of December, 1997, unless terminated earlier pursuant to the termination provisions contained herein. Article VI - Definitions and Terms Wherever in the specifications and other Agreement documents the following abbreviations and terms (or pronouns in them) are used, the intent and meaning shall be interpreted as provided in this section. Working titles having a masculine gender, and the pronouns referring to such said titles, are utilized in this Agreemea sake of brevity and are intended to refer to either sex or the neuter. All references to the singular shall refer also to the plural. All references to the plural shall refer also to the singular. A. The term "Agreement" refers to this document as executed by the Applicant and the State. This document inch Standard Reimbursement Agreement and these attached Specifications. The term "Application Processing" refers to all staff services necessary to process an applicant's proposed projec but shall not include staff services for environmental analysis or project mitigation monitoring pursuant to CEQP The term "CEQA" refers to the California Environmental Quality Act of 1970, as amended (Public Resources C B. C. 21000 et seq.). D. E. The term "Department of Fish and Game Fees" refers to those fees authorized under Fish and Game Code Sectii The term "Environmental Officer" refers to that person designated by the State to be responsible for the preparal environmental analysis and conduct of the mitigation monitoring program. F. The term "Executive Officer" refers to the Executive Officer of the State Lands Commission. G. The term "Mitigation Monitoring Program" refers to that program mandated by CEQA as found in Public Resoi Section 21081.6. 2 City of Carlsl R24 0 0 H. The term "Project" means that activity which is the subject of the application for a permit, lease or other entitlem the State. The term "Project Manager" refers to that person appointed or designated by the Applicant to administer the proj Applicant. The term "Project Officer" refers to that person appointed by the State to process the project application. I. J. Article W - Notices And Authority A. Any notice or other written communications required or pemtted under this Agreement may be personally deb writing to the Project Officer or Project Manager, or may be sent by certified mail, return receipt requested, to t listed in Article IV - Parties' Agents and shall, based on such delivery or sending, be deemed to have been effecl communicated. Either party may change such address by written notice to the other party. Any notice given other than as provided above, shall not be deemed to be effectively communicated until receive The Project Manager shall have full authority to act on behalf of the Applicant for administration of the project. communications given to the Project Manager shall be as binding as if given to the Applicant. C. The State may change its Project Officer at any time by written notice to the Applicant. The Applicant may chan Project Manager at any time by written notice to the State's Project Officer. B. Article VIII - Reimbursement of Costs A. Applicant agrees to reimburse the State for all costs incurred by the State whether prior or subsequent to the exec this Agreement for the above described work in accordance with the terms and conditions of this Agreement. Such costs shall include, but not be limited to: 1. The actual costs of State staff time and other associated activities involved in conducting the work described Costs shall be computed in accordance with Section 8752 of the State Administrative Manual and shall incluc and wages, related staff benefits and administrative overhead. 2. The cost of any consultant contracts or preparation of any portion of the project application processing by th should the State deem such work or any additional work to be necessary. B. C. The Commission shall advise the Applicant if such costs exceed the above estimate by ten percent (10%) of suck Upon notification, the Applicant may terminate this Agreement in accordance with Article X - Termination, disF change in accordance with Article XI1 - Disputes or accept the increase with all the terms and conditions of this being unchanged and in effect. Applicant shall notify the State within five (5) days of notice of any intent to ter Agreement or dispute the change. Non-response shall be acknowledged as acceptance of the additional charges. Article IX - Method of Payment The Applicant shall reimburse the State for all costs described in Article VTII -Reimbursement of Costs in accordanci following procedure. All costs incurred by the State pursuant to this Agreement shall be charged on a monthly basis. Costs incurred shall against the deposit made by Applicant until the processing is completed. Should costs exceed the amount of the depl Applicant shall be notified in accordance with Article VIII and billed for the balance. Should actual costs be less th: deposit, State shall refund any balance within 60 days of execution of the resulting lease or permit or of Commissior applicable unless costs for rmtigation monitonng and/or construction apply. If costs for mitigation monitoring and/o 3 b 0 a City of CarIsb R241 compliance apply, State shall refund any balance within 60 days of certification of completion of construction and mon program by SLC environmental staff. Mail payment directly to the State’s project officer listed in Article IV. Article X - Termination Either party may elect to terminate this Agreement by written notice at any time prior to referral of the project to the Commission upon ten (IO) days written notice to the other party. The Applicant agrees that in the event of termination Agreement by either party as provided above, it shall reimburse the State upon its written request one hundred percent all costs incurred by the State in the performance of its obligations as described in this Agreement and the subject proj deemed withdrawn by the Applicant from consideration by the Commission. Article XI - Records Upon five (5) business days notice, the State’s records relating to its costs shall be available for the Applixnt’s audit i State’s office in Sacramento. Said audit shall take place only during regular business hours of the State. Payment of ( Applicant shall not constitute a waiver of its rights to audit nor an acknowledgment by the Applicant of the validity of that have been paid. Nothing herein shall be deemed to require the State, its consultants, other contractors and subcon maintain books, records, or documents other than those usually maintained by them, provided that such books, record: documents reasonably segregate and identify the costs for which reimbursement is required hereunder. As used herein records” include any audit of the consultant by the State or its designated representative as authorized in this Agreemei Article Xn - Disputes Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under or relating to performance of this Agreement which is not disposed of by agreement shall be decided by the Project Officer, who SI- his decision to writing in regard to the dispute and shall transmit a copy thereof to the Applicant within thirty (30) daj decision of the Project Officer shall be final and conclusive, unless within thirty (30) days from the date of receipt of the Applicant transmits to the State a written appeal. Said appeal shall be supported with specificity. In connection with any appeal proceeding under this clause, the Applicant shall be afforded an opportunity to be hearc State Lands Commission within sixty (60) days of the receipt by the State of: the Applicant’s written appeal and to offc in support of its appeal. Pending the final decision of any such dispute, the Applicant shall proceed diligently with th performance of the Agreement and in accordance with the written decision of the Project Officer which is the subject Applicant’s appeal including the payment of invoices to the State. The procedure described herein shall not prejudice or deny the Applicant his remedies at law. However, the ApplicaI exhaust the procedure described herein before pursuing his remedies at law. All amounts paid to the State under prot held by the State in trust until the dispute is resolved. Xm - Choice of Law This Agreement shall be governed by the laws of the State of California, both as to interpretation and performance. 4