HomeMy WebLinkAbout2012-02-14; City Council; Resolution 2012-0371 RESOLUTION NO. 2012-037
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AUTHORIZING THE MAYOR TO
^ EXECUTE AMENDMENT NO. 3 TO THE MEMORANDUM OF
4 UNDERSTANDING WITH THE SAN DIEGO ASSOCIATION
OF GOVERNMENTS SUPPORTING PHASE 3 OF THE
5 REGIONAL BEACH SAND PROJECT II, AND COMMITTING
$225,000 OF PREVIOUSLY APPROPRIATED FUNDS TO
6 THE PROJECT'S CONSTRUCTION CONTINGENCY
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8 WHEREAS, the City Council of the City of Cartsbad, California has determined it
9 necessary and in the public interest to execute Amendment No. 3 to the Memorandum
10 of Understanding with the San Diego Association of Governments (SANDAG),
11 supporting Phase 3 ofthe Regional Beach Sand Project II (RBSP II), and committing
12 $225,000 of previously appropriated funds to the project's construction contingency; and
13 WHEREAS, the region's coastal cities, including the Cities of Encinitas, Imperial
14 Beach, Oceanside, and Solana Beach have entered into a Memorandum of
15 Understanding with SANDAG forthe Implementation ofthe 2012 RBSP It; and
16 WHEREAS, on May 5, 2009 the City Council adopted Resolution No. 2009-084
17 authorizing the mayor to execute the Memorandum of Understanding with SANDAG for
18 which the other participating cities had previously executed, supporting the RBSP II and
19 committing to funding engineering design and environmental documents (Phase 1); and
20 WHEREAS, on January 25, 2011 the City Council adopted Resolution No. 2011-
21 010 authorizing the Mayor to execute Amendment No. 1 to the Memorandum of
22 Understanding with SANDAG, supporting RBSP II and committing to funding biological
23 and shoreline monitoring, planning contingency as needed to fulfill permitting
24 requirements (Phase 2), and construction/construction management (Phase 3) of the
25 project; and
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WHEREAS, Amendment No 2 to the Memorandum of Understanding was
specific to the City of Imperial Beach and SANDAG with respect to an ongoing Army
Corps of Engineers project. Amendment No. 2 did not have an effect on Cartsbad; and
WHEREAS, SANDAG advertised for and received bids for Phase 3 of RBSP II,
which is projected to begin pumping sand onto the region's beaches beginning in the
summer of 2012; and
WHEREAS, the two beach nourishment sites within Carlsbad are expected to
receive a combined total of 340,000 cubic yards of sand; and
WHEREAS, Four bids were received for Phase 3 of the project, and all four bids
were higher than the engineer's estimate - including standard contingency funds ; and
WHEREAS, additional funds are needed by SANDAG in order to award the
construction contract for this phase ofthe project, as designed and bid; and
WHEREAS, the proposed Amendment No. 3 to the Memorandum of
Understanding with SANDAG requests that Carisbad commit an additional $225,000, to
the RBSP II construction contingency; and
WHEREAS, the draft amendment reflects like requests for the additional funding
of Phase 3 of RBSP II to the Cities of Solana Beach ($173,360) and Encinitas
($225,000); and
WHEREAS, SANDAG did not request funding contributions from the Cities of
Oceanside and Imperial Beach to fund the project's construction contingency due to
their previously asserted financial commitments. The Cities of Coronado, San Diego,
and Del Mar were eliminated from the project and will not receive sand; and
WHEREAS, if each of the three requested cities provides the corresponding
increased funding, SANDAG will be in a position to execute a construction contract with
the lowest bidder; and
WHEREAS, the California Department of Boating and Watenways has
contributed $19.5M towards RBSP II which equates to 85% of project costs. The
contributions outlined are intended to provide the 15% local match of project costs: and
WHEREAS, on February 13, 2007 the City Council allocated $1,500,000 in
funding for the implementation of a Carlsbad Beach Nourishment Project, a stand-alone
project that would nourish beaches along the Carisbad coastline through the Agriculture
Conversion Mitigation Fee funds; and
WHEREAS, on November 6, 2007 the City Council approved Resolution No.
2007-288 recognizing SANDAG as the appropriate agency to coordinate the efforts of
the coastal cities for the development of a regional beach nourishment project, and
determined it was appropriate and beneficial to join the region-wide effort and
implement the Carisbad Beach Nourishment Project as part of a regional, rather than
local only project; and
WHEREAS, adequate funds remain in the Agricultural Conversion Mitigation Fee
fund (AGP 06-10) for the Carlsbad Beach Nourishment Project to pay for the requested
increase in Phase 3 ofthe RBSP II; and
WHEREAS, the City Council finds it is in the best interest of the citizens of
Carisbad to fund the construction contingency account in order to implement a region-
wide beach nourishment effort.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California as follows:
24 2. That the Mayor of the City of Carlsbad California is authorized to execute
Amendment No. 3 to the Memorandum of Understanding with the San Diego
Association of Governments, supporting Phase 3 ofthe Regional Beach Sand
2^ Project II and committing to funding the project's construction contingency.
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3. That the City Council approves the disbursement of $225,000 from previously
appropriated Agricultural Conversion Mitigation Funds for the San Diego
Association of Governments' RBSP II construction contingency.
PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council
of the City of Cartsbad on the Uth day of February. 2012, by the following vote to
wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
ATTEST:
(SEAL)
M. WOOD, City Clerk.n.,.
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