HomeMy WebLinkAbout2009-01-06; City Council; 19687; Rancho Santa Fe Road Mitigation ProjectCtSli ) CITY OF CARLSBAD - AGENDA BILL
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AB# 19,687
MTG. 1/06/09
DEPT. PW-ENG
APPROVE AMENDMENT TO A CARLSBAD - SAN
MARCOS AGREEMENT FOR THE RANCHO SANTA FE
ROAD MITIGATION PROJECT, CITY PROJECT NO. 3907
DEPT. HEAD^
CITY ATTY.
CITY MGR.
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RECOMMENDED ACTION:
Adopt Resolution No. 2009-005 _ approving an amendment to an agreement with the City of
San Marcos for implementation of the Rancho Santa Fe Road Mitigation Project, Project No. 3907.
ITEM EXPLANATION:
On May 20, 2008, the City Council adopted Resolution No. 2008-142 accepting bids and awarding a
contract for the construction of the Rancho Santa Fe Road Mitigation Project, Project No. 3907. On
November 18, 2008, the City Council adopted Resolution Nos. 2008-303 and 2008-304 approving
agreements with the San Diego Gas and Electric Company and the Center for Natural Lands
Management respectively to provide temporary construction access to the project site necessary for
the City to implement the project.
Carlsbad staff has recently completed negotiations with staff from the City of San Marcos resulting in
the attached amendment to an existing agreement adopted December 2, 2003 by Carlsbad City
Council Resolution No. 2003-305 regarding the construction of road and bridge improvements to
Rancho Santa Fe Road. The attached amendment enables Carlsbad to now construct its mitigation
project which is located entirely within the San Marcos city limits. Highlights of the amendment with
San Marcos include:
• Carlsbad shall construct its 3.6 acre wetlands mitigation project within the City of San Marcos
and undertake the Resource Agency required 5-year maintenance and monitoring
requirements set forth in the project's permits;
• Carlsbad shall assume responsibility to safely construct the project and restore trails and other
property used to construct the mitigation project. Carlsbad is insulated from potential claims,
damages, and losses by virtue of its contract with its project contractor;
• San Marcos shall waive all fees associated with processing the project through the City of San
Marcos and all costs associated with their inspection;
• San Marcos shall waive all bonding associated with the project and issue the required San
Marcos grading permit.
With the approval of this amendment with San Marcos, the Carlsbad contractor is available to begin
work under the construction contract. Work is scheduled to begin in January and require
approximately twelve months to complete. The 5-year maintenance and monitoring period under the
City's permits issued by the Resource Agency will commence with the City Council's formal
acceptance of the completed project and subsequent recordation of the Notice of Completion. Staff
recommends approval of the attached agreement amendment.
DEPARTMENT CONTACT: John Cahill, 760-602-2726, email: jcahi@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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ENVIRONMENTAL IMPACT:
On June 2, 1992, the City Council adopted Resolution No. 92-152 certifying EIR Number 91-1 for
Phases 1 and 2 of the Rancho Santa Fe Road Project. On April 25, 2000, the City Council adopted
Resolution No. 2000-128 approving Amendment No. 2 to the EIR which addressed the realignment
and widening of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive. The Rancho Santa
Fe Road Mitigation Project is the product of this development and required by the California
Department of Fish and Game's 1601 permit issued to the City for the road widening project.
FISCAL IMPACT:
There is no cost to the City of Carlsbad associated with the amendment to the existing agreement
with the City of San Marcos.
EXHIBITS:
1. Location Map.
2. Resolution No. 2009-005 approving an amendment to an existing agreement with the
City of San Marcos to enable implementation of the Rancho Santa Fe Road Mitigation Project.
3. Amendment.
LOCATION MAP
LJ
PROPOSED GRADING
AREA
VICINITY
MAP
HOT TO
KALE
PROPOSED GRADING
AREA
NOT JO SCALE
PACIFIC
OCCAM
PROJECT NAME RANCHO SANTA FE ROAD
MITIGATION PROJECT
PROJECT
NUMBER
3907
EXHIBIT
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DRAW B« SCOTT EVANS. CARLSBAD EWONEERWC OEPT. a/23/08 Cr \CAPITAL\CAHIU.\3907.DWG
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RESOLUTION NO. 2009-005
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CITY PROJECT NO. 3907
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO
AN EXISTING AGREEMENT WITH THE CITY OF SAN MARCOS
FOR THE RANCHO SANTA FE ROAD MITIGATION PROJECT,
WHEREAS, the City Council of the City of Carlsbad, California, adopted Resolution No.
2003-305 on December 2, 2003 approving an agreement with the City of San Marcos regarding
improvements to Rancho Santa Fe Road; and
WHEREAS, the cities of Carlsbad and San Marcos desire to amend said agreement to
enable implementation of the Rancho Santa Fe Road Mitigation Project, City of Carlsbad
Project No. 3907, hereafter the "Project"; and
WHEREAS, an amendment to said agreement has been prepared by the parties; and
WHEREAS, the City Council of the City of Carlsbad, California hereby finds it necessary,
desirable, and in the public interest to approve said amendment and proceed with the
^ aforementioned Project.
16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
18 1. That the above recitations are true and correct.
19 2. That an amendment entitled First Amendment to Agreement between the City of
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Carlsbad and the City of San Marcos for Construction of a portion of Rancho Santa Fe Road and
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adjustment to the Common City Boundary is hereby approved and the Mayor is authorized to
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execute said amendment. Following the Mayor's execution of said amendment, the City Clerk is
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directed to forward copies of this Resolution and said amendment to the City of San Marcos,
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attention: Office of the City Clerk, 1 Civic Center Drive, San Marcos, California, 92069-2918 and
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the City of Carlsbad, Department of Public Works, Engineering Division.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 6th day of January, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
l\$, Mayor
ATTEST:
/ORRAtl^E M. V/QjDb, City Clerk U
/(SEALJU
FIRST AMENDMENT TO AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND THE CITY OF SAN MARCOS
FOR THE CONSTRUCTION OF A PORTION OF
RANCHO SANTA FE ROAD AND
ADJUSTMENT TO THE COMMON CITY BOUNDARY
THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into and
effective as of the 7'ru day of J~4.n ua.i^\ 200_2_, by and between the
City of Carlsbad, a municipal corporation, ("Carlsbad"), and the CITY OF SAN
MARCOS, a municipal corporation, ("San Marcos") (collectively the "Parties").
RECITALS
WHEREAS, CARLSBAD AND SAN MARCOS entered into an AGREEMENT
FOR THE CONSTRUCTION OF A PORTION OF RANCHO SANTA FE ROAD AND
ADJUSTMENT TO THE COMMON CITY BOUNDARY (Agreement) on December 12,
2003; and
WHEREAS, construction of 3.6 acres of wetland mitigation restoration within the
corporate limits of SAN MARCOS is required by regulatory permits issued for
CARLSBAD'S Rancho Santa Fe Road widening and realignment project; and
WHEREAS, the wetland mitigation restoration area was not included in the
project description for CARLSBAD contained in the AGREEMENT; and
WHEREAS, both cities now find it desirable to revise said AGREEMENT.
NOW THEREFORE, in consideration of the above recitals, CARLSBAD and
SAN MARCOS do hereby mutually and jointly agree that the following sections of the
AGREEMENT are amended as follows:
II. CARLSBAD RANCHO SANTA FE ROAD PROJECT
A. PROJECT DESCRIPTION
To add the following:
1. e. Construct off-site wetland mitigation restoration consisting of
3.6 acres adjacent to San Marcos Creek east of Melrose
Drive as approved in the Concept Wetland Mitigation and
Monitoring Plan for the Rancho Santa Fe Road Realignment
and Bridge Replacement Project prepared by Dudek &
Associates, dated December 2000 and as shown on the
approved construction, landscape and irrigation plans,
Carlsbad Drawing Numbers 368-2E and 368-2M.
f. The off-site wetland mitigation restoration is to be
undertaken on land previously deeded to the Center for
Natural Lands Management (CNLM) in grant deed recorded
February 28, 2002 as Document No. 2002-0170096 Official
Records in the office of the County Recorded of San Diego
County, State of California. Prior to said property being
deeded to CNLM the prior owner recorded a conservation
easement over the property in favor of the California
Department of Fish and Game (CDFG).
g. The Access Agreement Among The Center for Natural
Lands Management, Brookfield University Commons, LLC
and the City of Carlsbad provides for rights by the City of
Carlsbad, its employees, agents and contractors to enter on
to, construct, maintain and monitor the wetland mitigation
restoration work described in Section II.A.Le. above.
h. Permission has also been obtained from San Diego Gas &
Electric (SDG&E) for temporary use of SDG&E access roads
within and adjacent to the wetland mitigation restoration
area.
B. CARLSBAD AGREES:
To add the following:
7. To construct the 3.6 acre wetland mitigation restoration and to be
responsible for the required 5-year monitoring and maintenance
period as called for in the permits.
8. Assume responsibility for safety on those portions of the existing
SAN MARCOS pedestrian trails utilitized by CARLSBAD and its
employees, agents and contractors during the construction and
maintenance periods of the wetland mitigation restoration project.
9. To reconstruct, to SAN MARCOS Community Facilities District
(CFD) standards, and maintain to CFD standards for a period of
one year after the filing of the notice of completion of the wetland
mitigation restoration project, those portions of the existing SAN
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MARCOS pedestrian trails utilized and impacted by construction,
maintenance or monitoring activities.
10. To provide San Marcos with copies of bonds and insurance
certificates for the project.
C. SAN MARCOS AGREES:
To add the following:
3. To waive the plan check fees, grading permit fees and inspection
fees for the wetlands mitigation restoration project.
4. To waive bonding in lieu of bonds submitted to Carlsbad by the
contractor.
5. To issue a grading permit upon satisfactory submittal of all required
documents per the Public Works Inspection Package.
6. To provide inspection as needed to insure compliance with San
Marcos ordinances and regulations.
COMPLETE AGREEMENT
The foregoing constitutes the full and complete agreement of the parties. There
are no oral understandings or agreements not set forth in writing herein. All terms and
conditions of the original agreement not amended by this FIRST AMENDMENT TO
AGREEMENT remain in full force and effect.
IN WITNESS WHEREOF, this FIRST AMENDMENT TO AGREEMENT is executed by
the CITY OF CARLSBAD and the CITY OF SAN MARCOS pursuant to action taken by
their respective City Councils.
CITY OF SAN MARCOS, a municipal
corporation
By:
City Manager or/Wlayor
Date:
CITY OF
corpora;
LSBAD, a municip
the State of Califi
ATTEST:
(Ndme)
Clerk
Date:
ATTEST:
l/DRRA
City Clerl
APPROVED AS T0 FORM:
By:
APPROVED AS TO FORM: -^:*
Ronald R. Ball, City Attorney
Helen Peak Holmes, City Attorney Deputy City Attorney
Date: Date:
COMPLETE AGREEMENT
The foregoing constitutes the full and complete agreement of the parties. There
are no oral understandings or agreements not set forth in writing herein. All terms and
conditions of the original agreement not amended by this FIRST AMENDMENT TO
AGREEMENT remain in full force and effect.
IN WITNESS WHEREOF, this FIRST AMENDMENT TO AGREEMENT is executed by
the CITY OF CARLSBAD and the CITY OF SAN MARCOS pursuant to action taken by
their respective City Councils.
CITY OF SAN MARCOS, a municipal
corporation
By:_
itylvlanagei' or Mayor
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Helen Peak Holmes, City Attorney
Date:
JITY OF CARLSBAD, a municipal
rporation of the State of California
By:
City Manager or Mayor
Date:
ATTEST:
LORRAINE Mv WOOD
City Clerk
APPROVED AS\TO FORM:
Ronald R. Ball, Qity Attorney
By:
Deputy City Attorney
Date: