HomeMy WebLinkAbout2006-03-28; City Council; 18503; Agua Hedionda/Calavera Creek Channel DredgeCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
18,503
3/28/06
ENG
TITLE: APPROVAL OF AN APPROPRIATION OF FUNDS
FOR THE EMERGENCY AGUA HEDIONDA
AND CALAVERA CREEK CHANNEL DREDGE
PROJECT NO. 3338
DEPT. HD. s&fP
CITY ATTY. /^^C^
CITY MGR. \JS~~'
RECOMMENDED ACTION:
Adopt Resolution No. 2006-076 approving an appropriation of funds for Emergency Agua
Hedionda and Calavera Creek Channel Dredge Project No. 3338.
ITEM EXPLANATION:
On March 7, 2006 Council adopted Resolution No. 2006-053 proclaiming the existence of a local
emergency within and along the Agua Hedionda and Calavera Creeks. Pursuant to Resolution No.
2006-053, Council ratified and approved the construction contract with Marathon Construction to
dredge accumulated sediments within Agua Hedionda and Calavera Creek to eliminate the
imminent flooding hazard. The current Fiscal Year 2005-06 Capital Improvement Program (CIP)
Budget includes an appropriation of funds for the planning, engineering and environmental review
for the Agua Hedionda and Calavera Creek Channel Dredge and Improvement Project (CIP Project
No. 3338). There were no funds appropriated for construction or the additional costs and expenses
related to the emergency dredge work.
Staff is requesting an advance of Planned Local drainage Area (PLDA) Funds from the General
Capital Construction (GCC) fund for the costs and expenses to complete the emergency dredge
work including the Marathon Construction contract, City staff time, construction supplies and
equipment, resource agency permit fees, bank fees and consulting services for project management
and environmental construction monitoring.
CIP Project No. 3338 is currently funded from PLDA 'B' funds. The PLDA fee program limits the
amount of funding for an individual project to the amount estimated for the project in the Master
Drainage Plan (MDP) plus Engineering News Record (ENR) cost index increases. The funds
appropriated in the current CIP budget ($1,260,500) represent the maximum amount allowed for this
project under the existing PLDA fee program. These funds have been spent on various studies and
environmental work. Pursuant to the Drainage Ordinance, the PLDA funds appropriated to this
project may be increased if the fee program is revised accordingly. The City is currently in the
process of revising and updating the MDP and PLDA fee program. To the extent allowable under
State and City Code, staff will incorporate all costs to dredge and improve the Agua Hedionda and
Calavera Creek channels, including the emergency work expenses, in the updated PLDA fee
program. Upon adoption of the Updated PLDA fee program, staff will evaluate the extent and timing
for repayment of the advanced funds.
FISCAL IMPACT:
The total costs expended and committed to the emergency work as detailed on the following table is
$420,021 including a 20% contingency amount. These costs do not include the future environmental
mitigation costs required by the resource agencies. The resource agencies required a 3:1 mitigation
ratio for the elimination of 0.83 acres of riparian habitat and a 1:1 ratio for 4.2 acres of lost potential
habitat. The City posted a $488,000 Letter of Credit (LOG) with the U.S. Army Corps of Engineers to
guarantee performance on the riparian habitat mitigation plan. No detailed cost estimate has been
prepared for the cost to implement the mitigation plan for the 4.2 acres of lost potential habitat. The
preparation of conceptual mitigation plans is included within the existing consultant service contract
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with EDAW, Inc. funded in the current CIP budget through PLDA 'B' fee program funds. Once the
conceptual mitigation plans are complete, staff will prepare more detailed cost estimates for the
mitigation work and return to Council for additional appropriations.
Costs to Implement Emergency Dredge Work
Item
Marathon Construction Contract
City Staff Time
Miscellaneous Construction Supplies and Equipment
Resource Agency Permits and Fees
Consulting Project Management Services
Consulting Environmental Monitoring Services
Bank Fees
Contingency (20%)
Total Amount*
Cost
$250,000
10,000
4,700
15,750
20,000
41,802
7,727
70,042
$420,021
* Excludes environmental mitigation costs
As noted in the item explanation above, the emergency project funds in the amount of $420,021 are
to be advanced to the PLDA 'B' fund account from the General Capital Construction (GCC) Fund.
The advanced GCC funds will then be appropriated into the CIP Project No. 3338 account. Upon
adoption of the updated PLDA fee program, staff will evaluate the extent and timing for repayment of
the advanced GCC funds from PLDA fee program revenues.
ENVIRONMENTAL REVIEW:
Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section 15269.
A Notice of Exemption for the Agua Hedionda and Calavera Creek Dredging Project was approved
by the Planning Director on March 6, 2006 pursuant to California Code Section 21080(b)(4).
EXHIBITS:
1. Resolution No. 2006-076 approving an appropriation of funds for the Emergency Agua
Hedionda and Calavera Creek Channel Dredge Project No. 3338.
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RESOLUTION NO. 2006-076
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN APPROPRIATION OF FUNDS FOR THE
EMERGENCY AGUA HEDIONDA AND CALAVERA CREEK CHANNEL
DREDGE PROJECT NO. 3338.
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WHEREAS, on March 2, 2006, the City Manager signed a Declaration of Local Emergency
in Order to Immediately Procure Equipment, Services and Supplies; and
WHEREAS, on March 7, 2006, the City Council, pursuant to Resolution No. 2006-053,
proclaimed the existence of a state of local emergency within and along the Agua Hedionda and
Calavera Creeks; and,
WHEREAS, said resolution proclaimed the emergency will continue until the sediments
are dredged from the Agua Hedionda and Calavera Creek channels; and
WHEREAS, said resolution ratified a construction contract with Marathon Construction to
dredge the sediments from Agua Hedionda and Calavera Creek channels; and
WHEREAS, other costs and expenses have been and will be incurred in support of the
dredging of Agua Hedionda and Calavera Creek channels, including staff time, construction
supplies, environmental consultant services, permits and fees; and
WHEREAS, there is insufficient appropriation available for payment of said construction
contract and other supporting costs and expenses in the City's Capital Improvement Program
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(CIP) through the Planned Local Drainage Area (PLDA) fee program, referenced as CIP Project
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20 WHEREAS, the City is in the process of updating the Master Drainage Plan and PLDA Fee
Program to include costs for the expanded Agua Hedionda and Calavera Creek Dredge and
Improvement project, including costs for the emergency dredge work; and,
WHEREAS, adequate funds are available in the General Capital Construction (GCC) fund
to advance to the PLDA fund in advance of the approval of the updated PLDA fee program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,25
California, as follows:
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1. That the above recitations are true and correct.
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2. That insufficient funds are available in the City's PLDA fund to pay for the
emergency dredge work and other supporting costs and expenses to dredge Agua
Hedionda and Calavera Creek channel.
3. That GCC funds in the amount of $420,021 are to be advanced to the PLDA 'B'
fund for the emergency dredge project.
4. That PLDA 'B" funds in the amount of $420,021 are to be appropriated to CIP
Project No. 3338 for the emergency dredge project.
5. That upon adoption of the updated PLDA fee program, staff will evaluate the extent
and timing of the repayment of advanced GCC funds from future PLDA fee
revenues.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 28th day of March , 2006 by the following vote, to wit:
AYES: Council Members Lewis, Ku^ehin, Packard, Sigafoose
NOES: N(*ie,
ABSENT: / //Ciflfacil yffemtfar He
CLAUDE A. LEWIS', Mayor
ATTEST:
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