HomeMy WebLinkAbout2007-08-14; City Council; 19134; Fund exchange agreement amendementCITY OF CARLSBAD - AGENDA BILL
AB# 19,134
MTG. 8/14/07
DEPT. ENG
APPROVAL OF AMENDMENT NO. 1 TO THE
FUND EXCHANGE AGREEMENT BETWEEN THE
CITY OF SAN DIEGO AND THE CITY OF CARLSBAD FOR
RANCHO SANTA FE ROAD
PROJECT NOS. 3190 AND 3907
DEPT. HEAD ^-f^
CITY ATTY. fa
CITYMGR. ~S>..•**flr
RECOMMENDED ACTION:
Adopt Resolution No. 2007-223 approving Amendment No. 1 to the Fund Exchange Agreement
between the City of San Diego and the City of Carlsbad for Rancho Santa Fe Road, Project Nos. 3190
and 3907.
ITEM EXPLANATION:
Project Nos. 3190 and 3907 widened and realigned approximately 2.2 miles of Rancho Santa Fe
Road from La Costa Avenue to Melrose Drive. Approximately $20 million of the costs associated with
these projects was funded with money from the Federal-Aid Highway Program. These federal monies
consisted of High Priority-Demo Funds (HP-21), Highway Bridge Replacement and Rehabilitation
Funds (HBRR) and Regional Surface Transportation Program Funds (RSTP).
As described in the original agreement, the City of San Diego incorporated the Carroll Canyon Road
and Genesee Avenue projects in the Regional Transportation Improvement Program (RTIP) so they
could receive Regional Surface Transportation Program (RSTP) federal funds. In the interest of
further developing the regional transportation system, the City of Carlsbad agreed to exchange local
non-federal funds for federal RSTP funds with the City of San Diego for these projects.
This exchange enables the City of San Diego to eliminate the need for completing the various
activities associated with receiving federal funds. The exchange was approved by SANDAG under
Amendment No. 1 to the RTIP on September 27, 2002 and Amendment No. 2 to the RTIP on
November 22, 2002 for each respective City of San Diego project.
On June 8, 2004, the City Council adopted Resolution No. 2004-180 approving the Fund Exchange
Agreement with the City of San Diego for Rancho Santa Fe Road. This agreement was then approved
and executed by the City of San Diego on January 19, 2007.
As a result of changes in the City of San Diego's Capital Improvement Program the Agreement needs
to be amended. As described in the subject Amendment No. 1 the City of San Diego no longer needs
to receive local/exchange funds from the City of Carlsbad for the Genesee Avenue project since, at
the City of San Diego's request, SANDAG has allocated an equivalent amount of federal funding for
the Genesee Avenue project. As a result, the money that would have been exchanged with the
Genesee Avenue project is available for exchange with another project which has been identified by
the City of San Diego as the State Route 163/Clairemont Mesa Boulevard Interchange Project. As
noted in Amendment No. 1, SANDAG has confirmed that the fund exchange program can include the
State Route 163/Clairemont Mesa Boulevard Interchange project.
Upon approval of Amendment No. 1, the City's would be able to exchange funds between the City of
Carlsbad's Rancho Santa Fe Road project and City of San Diego's State Route 163/Clairemont Mesa
Boulevard Interchange project.
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
Page 2
ENVIRONMENTAL IMPACT:
The City Council at their meeting on June 2, 1992 passed Resolution No. 92-152 certifying EIR No.
91-1 for both Phase 1 and Phase 2 of the Rancho Santa Fe Road project. The City Council at their
meeting on April 25, 2000 passed Resolution No. 2000-128 approving Addendum No. 2 to the final
EIR No. 91-1 for Rancho Santa Fe Road. This EIR covers the realignment and widening of
Rancho Santa Fe Road from La Costa Avenue to Melrose Drive.
FISCAL IMPACT:
No negative fiscal impacts are anticipated as a result of this amendment to the Agreement since this
remains a dollar for dollar exchange. The City continues to receive interest earnings on the exchange
funds placed in an exchange account prior to disbursement to the City of San Diego.
EXHIBITS:
1. Resolution No. 2007-223 approving Amendment No. 1 to the Fund Exchange
Agreement between the City of San Diego and the City of Carlsbad for Rancho Santa Fe
Road, Project Nos. 3190 and 3907.
2. Amendment No. 1 to Fund Exchange Agreement.
DEPARTMENT CONTACT: Marshall Plantz 760-602-2766 mplan@.ci.carlsbad.ca.us
'Z-
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RESOLUTION NO. 2007-223
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 1
TO THE FUND EXCHANGE AGREEMENT BETWEEN THE
4 CITY OF SAN DIEGO AND THE CITY OF CARLSBAD FOR
RANCHO SANTA FE ROAD. PROJECT NOS. 3190 AND 3907.
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WHEREAS, on June 4, 2006, the City Council adopted Resolution No. 2004-180
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approving the Fund Exchange Agreement with the City of San Diego for Rancho Santa Fe Road,
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Project Nos. 3190 and 3907; and
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WHEREAS, on January 19, 2007, the City Council of the City of San Diego adopted
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Resolution No. R-302290 approving the Fund Exchange Agreement for Rancho Santa Fe Road,
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Project Nos. 3190 and 3907; and
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WHEREAS, the City Council of the City of Carlsbad, California, considers it necessary
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and in the public interest to approve Amendment No. 1 to the Fund Exchange Agreement with
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the City of San Diego for Rancho Santa Fe Road, Project Nos. 3190 and 3907; and
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WHEREAS, the purpose of the Fund Exchange Agreement and this amendment thereto is
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to advance the City of San Diego's regional transportation projects; and
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WHEREAS, SANDAG has confirmed that the fund exchange program can include the
City of San Diego's State Route 163/Clairemont Mesa Boulevard interchange project; and
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WHEREAS, the City of San Diego and the City of Carlsbad desire to amend the Fundi y
Exchange Agreement by entering into Amendment No. 1 to the Fund Exchange Agreement; and
WHEREAS, on June 13, 2007, the City Council of the City of San Diego adopted
Resolution No. R-302684 approving Amendment No. 1 to the Fund Exchange Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
^O
California, as follows:
1. That the above recitations are true and correct.
£.0
2. That Amendment No. 1 to the Fund Exchange Agreement, is approved and the26
Mayor is hereby authorized to execute said agreement.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 14th day of August, 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Nygaard
NOES: None
ABSENT: None
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
AMENDMENT NO. 1 TO THE FUND EXCHANGE AGREEMENT
BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CARLSBAD
This Amendment ("Amendment") is entered into between the City of San Diego ("San
Diego") and the City of Carlsbad ("Carlsbad"), collectively referred to herein as "Parties."
RECITALS
A. WHEREAS, the Parties executed a Fund Exchange Agreement, dated January 16,
2007 ("Agreement"), whereby the amount of federal funds allocated under the Regional Surface
Transportation Program ("RSTP") for San Diego's Carroll Canyon Road (SD32) and Genesee
Avenue (SD89) Projects was to be transferred to Carlsbad in exchange for an equivalent amount
of Carlsbad's local funds for its Rancho Santa Fe Road Project (CB08); and
B. WHEREAS, San Diego desires to apply the aforementioned local funds from
Carlsbad towards San Diego's State Route 163/Clairemont Mesa Boulevard Interchange Project
(SD90) (the "Clairemont/163 Project"); and
C. WHEREAS, the San Diego Association of Governments ("SANDAG") has
confirmed that San Diego may use Carlsbad's local funds that are to be exchanged for San
Diego's allocation of RSTP funds for the Carroll Canyon Road Project and Genesee Avenue
Project on San Diego's Clairemont/163 Project; and
D. WHEREAS, San Diego no longer needs reimbursement from Carlsbad's local
funds for the amount of RSTP funds for the Genesee Avenue Project that was exchanged with
Carlsbad because SANDAG allocated an equivalent amount of federal funding for the Genesee
Avenue Project in the Regional Transportation Improvement Program subsequent to the
exchange; and
E. WHEREAS, San Diego desires to modify the reimbursement procedure; and
F. WHEREAS, the Clairemont/163 Project is a regional transportation project and
therefore consistent with the purpose of the Agreement;
NOW, THEREFORE, in consideration of the Recitals stated above and incorporated
herein by this reference and for other good and valuable consideration, the Parties agree to
modify the Agreement as follows:
AGREEMENT
1. Section 5. Reimbursement Procedure is modified as follows:
a. REVISE the first sentence to read, "The City of Carlsbad shall reimburse the
City of San Diego from principal in the Special Fund within thirty (30) calendar days of
recieving written reimbursement invoice for the City of San Diego, for reimbursable
DOCUMENT N0.$b0268l
FILED JUNTslir-^
costs on the Carrol Canyon Road (SD 32) and State Route 163/Clairemont Mese
Boulevard Interchange (SD 90) projects.
b. DELETE the second sentence of the paragraph, which begins, "The written
reimbursement invoice shall...".
2. Section 7. Retention of Unspent Funds is modified as follows:
a. REPLACE "Genesee Avenue Project" with "State Route 163/Clairemont
Mesa Boulevard Interchange Project (SD90)".
3. The allocation of reimbursement monies from Carlsbad's local funds between the
Carroll Canyon Road Project and the Clairemont/163 Project shall be at the discretion of San
Diego and shall not be limited to or by the amount of RSTP funds respective to either project that
were exchanged with Carlsbad under the Agreement.
4. The Parties agree that this Amendment represents the entire understanding of San
Diego and Carlsbad and affects only those paragraphs of the Agreement referred to, and all other
terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, this Amendment is executed by the City of San Diego, acting
by and through its Mayor or his designee, pursuant to Resolution No. R- jU^bjQ ? and by
the City of Carlsbad.
ORIGINAL
Date=_&
THE CITY OF SAN DIEGO
By:Jnor
Principal Contract Specialist
Date:
Clauae" A." Lewis
Title MAYOR
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney for the City of
Carlsbad
By:
ame
Title
MICHAEL J. AGUIRRE, City Attorney for the
City of San Diego
By:
Deputy City Attorney
302684
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