1993-0831_CALIF, STATE OF_Transmittal to Dept of Transportation }?' MEMBERS OF THE CITU COUNCIL
J, A COLLENE CAMPBELL
9� GARYHAUSOORFER
GIL JONES ES
CA CAROLVN NASH
64101XH 1961 JEFF VASQUEZ
1776
• • CITU MANAGER
GEORGE SCARBOROUGH
August 31, 1993
Viki Rudy
Department of Transportation
Division of Rail
1801 30th Street, East Building
P.O. Box 942874
Sacramento, CA 94274-0001
Re: Multi Modal Parking Deck
Dear Ms. Rudy:
I understand from your conversation with Brian Perry of my Staff on August 30,
1993, that Caltrans may take the position that the City contract with Caltrans has
not yet been executed and that funds expended to date are at risk of not being
reimbursed.
The purpose of this letter is to propose that changes being made by Caltrans to the
Agreement approved by the City Council on December 1, 1992, are considered
administrative and that costs incurred from that date be eligible for
reimbursement.
A brief review of actions taken over the last twelve months will demonstrate that
the City has acted in good faith in proceeding with work under this contract.
1. September 22, 1992
Letter from Larry Layne, Caltrans, District 12, enclosing Standard
Agreement for City execution (copy attached).
2. December 1, 1992
Multi Modal Parking Deck - City Council approves the contract with
Caltrans (copy attached). Transmittal to Caltrans put on hold subject to
view analysis.
3. March 2, 1993
City Council approves view analysis and transmittal of Caltrans contract.
Caltrans notified of action in advance (copy attached).
4. March 4, 1993
Letter from the City Clerk to Larry Layne, Caltrans, District 12, returning
six copies of the contract after the March 2, 1993 City Council approval of
the concept, to ether with the December 1, 1992 Resolution approving the
contract (copya�tached).
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 499-1171
` Dept. of Transportatio ' ki Rudy) •
August 31, 1993
Page 2
5. May 12, 1993
Quarterly Report to Larry Layne, Caltrans, District 12, from City, requested
by Caltrans (copy attached).
6. July 20, 1993
City Council awards design contract to Mark Tannin. Caltrans notified of
action in advance (copy attached).
7. August 4, 1993
Letter from Larry Layne, Caltrans, District 12, as Caltrans acceptance of
Mark Tannin as City's project designer (copy attached).
In the entire twelve months since the City received the contracts for signature, I
can find no direction from Caltrans to not proceed or that funding was not in place
or threatened.
I believe that it is apparent from all the foregoing that the City has been led to
believe by Caltrans that a funding contract with Caltrans has been in place for
perhaps as much as six months and that the only obstacle to reimbursement has
been Caltrans' signature.
The City's encumbrance to date on this project is probably $30,000. The City
simply wishes to have Caltrans' assurance in writing that this money will be
reimbursed.
If you have any questions, please feel free to call me. Your earliest response would
be appreciated.
Very my yours, )�
William M. Huber
t/l�/
Director of Engineering do Building
WMH/BP:ssg
enclosures
cc: George Scarborough
Douglas Dumhart
Cheryl Johnson (/
Larry Layne, Caltrans, District 12
Cindy McKim, Chief, Division of Rail, Caltrans, Sacramento