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HomeMy WebLinkAbout1996-06-25; City Council; 13707; APPROVE AMENDMENT NO. 3 TO AGREEMENT WITH PORT OF LOS ANGELES REGARDING THE BATIQUITOS LAGOON ENHANCMENT PROJECT:tk ." 1; . P+ ,,-A" ._., ,. .. : d E- ,..- !A -: ,., .. z F a 0 0 J 0 z 3 0 0 - 9 e CITY OF CARLSBAD -AGENDA BILL F k0L TITLE: APPROVE AMENDMENT NO. 3 TO AGREEMENT DEPT, HD. j?; .'*, _' ,. > AB# 4 2, ,: : i MTG. L- .$, ') :ii: DEPT. CD CITY MGR, WITH PORT OF LOS ANGELES REGARDING THE . ,I CITY ATTY BATlQUlTOS LAGOON ENHANCEMENT PROJECT RECOMMENDED ACTION: It is recommended the City Council AUOPT Resolution No. ''ad *-$! '; APPROVING No. 3 to Agreement Number 1419-5 with the Port of Los Angeles regarding the BatiqL Enhancement Project. ITEM EXPLANATION: In 1994, the City of Carlsbad and the City of Los Angeles, acting by and through its Po Commissioners, mutually approved agreement number 1419-5 regarding the Port's 1 phase funding for the Batiquitos Lagoon Enhancement Project. The Port requests an am this agreement to increase the budget for outside legal services that have been required the project's ongoing litigation. Earlier this year, the United States Circuit Court of Appei order denying the Sierra Club and Audubon Society's request to overturn a United St Court ruling in favor of the City of Carlsbad, City of Los Angeles, United States Fish : Service, United States Army Corps of Engineers, and other federal agency defendants. 1 Amendment No. 3 will increase the budget necessary to complete the outside legal de project. I The Port of Los Angeles Board of Harbor Commissioners approved this amendment on h at its regular Board meeting. Staff recommends approval of Amendmefit No. 3. FISCAL IMPACT: Under the terms of the aforementioned 1994 agreement number 141 9-5, all exper Batiquitos Lagoon Enhancement Project, including all litigation related costs, are the resp the Port of Los Angeles. Amendment No. 3 will increase the project budget for outside It from $100,000 to $125,000 as required. There is no cost to the City of Carlsbad resulti approval of this agreement amendment. EXHIBITS: 1. Resolution NO.']^ ',xi$ ' " approving Amendment No. 3 to Agreement No. 141 9-5 regarding the Batiquitos Lagoon Enhancement Project. 2. Amendment No. 3. , e u 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 27 22 23 24 25 26 27 28 RESOLUTION NO. 9 6 - 2 19 APPROVING AMENDMENT NO. 3 TO AGREEMENT NO. 1419-5 REGARDIN THE BATlQUlTOS LAGOON ENHANCEMENT PROJECT. WHEREAS, the City of Carlsbad, California, has previously approved Agreer 7 41 9-5 with the City of Cos Angeles, aGting by and through its Board of \arbor Commissioners, regarding funding for the Batiquitos Lagoon Enhancement Project; a WHEREAS, the City and Port desire to amend said agreement and have pre Amendment No. 3 regarding increased funding for said project; and WHEREAS, the City Council does hereby find it necessary, desirable, and ir public interest to approve said Agreement No. 3. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of C? California, as follows: 1. That the above recitations are true and correct. 2. That the Carlsbad City Council does hereby approve said Agreement and the Mayor is authorized to execute said agreement. The City Clerk is authorize( forward four (4) copies of this Resolution and executed Amendment No. 3 to the PO Angeles, attention Mr. John Walker, Construction Management Department, 425 S( Palos Verdes Street, P. 0. Box 151, San Pedro, California 90733, and one (1 1 to the Community Development Department for its records. Ill Ill Ill 111 Ill Ill Ill Ill e 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 regular meeting of the Carlsbad 1 Council held on the 25th day of June , 1996, by the folla vote to wit: AYES: Council Nembers Lewis, Nygaard, Kulchin, Finnila and Hal NOES: None ABSENT: bne ATTEST: ALETHA L. RAUTENKRANZ, City Clerd (SEAL) 2. 0 0 AMENDMENT NO. 3 TO REIMBURSEMENT AGREEMENT NO. 141 9-5 BETWEEN THE CITY OF CARLSBAD AND THE CITY OF LOS ANGELES FOR CONSTRUCTION OF THE BATlQUlTOS LAGOON ENHANCEMENT PROJECT This Amendment No. 3 to Reimbursement Agreement No. 141 9-5 is made this , between the CITY OF CARLSBAD, municipal corporation of the State of California, hereinafter referred to as CITY, and the City of Los Angel€ acting by and through the Board of Harbor Commissioners hereinafter referred to BOARD. RECITALS WHEREAS, BOARD and CITY desire to increase the budget for Dwight Worden fo legal services from $100,000 to $125,000. Now, therefore, CITY and BOARD agree that Reimbursement Agreement No. 141 ! 5 is amended as follows: Article 1. Section 12. Section 12 is amended to increase the not-to-exceel amount to $1 25,000 to conclude the Sierra Club federal court lawsuit challenging the restoration. This budget shall cover all work up through the filing of oppositio on behalf of the CITY to any Sierra Club petition for certiorari that the Sierra Club may file. The parties understand that if such a petition were filed and granted, thc this Agreement would require further amendment. Article 2. Except as amended above, all terms and conditions of this Agreement shall remain in effect. 0 0 IN WITNESS WHEREOF, the parties hereto have executed this agreement 01 the day and year first above written. Attest ALETHA L. RAUTENKRANZ, City Clerk CITY OF LOS ANGELES, by and through its Board of Harbor Commissioners By EZUNIAL BURTS, Executive Director APPROVED AS TO FORM: BY &.D F$v&.l? 6/45 1996 RONALD R. BALL City Attorney APPROVED AS TO FORM: 1 BY , 1996 RAYMOND P. BENDER Assistant City Attorney JCW:8941 wp