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Home My WebLink About2025-01-30; San Diego Association of Governments' Batiquitos Lagoon Double Tracking Project Update (District 4); Gomez, PazTo the members of the: Cl1Y COUNCIL Date l[~/fscAy°CC ✓ CM __._.2ACM ..JL'DCM (3) JL January 30, 2025 Council Memorandum To: Honorable Mayor Blackburn and Members of the City Council From: Paz Gomez, Deputy City Manager, Public Works Via: Sheila Cobian, Assistant City Manager ~~ {city of Carlsbad Memo ID# 2025017 Re: San Diego Association of Governments' Batiquitos Lagoon Double Tracking Project Update (District 4) This memorandum provides an update to a previous Council Memorandum dated September 5, 2024, Attachment A, on the San Diego Association of Governments (SANDAG)'s Batiquitos Lagoon Double Tracking construction project. Background The background on the project is provided in the previous Council Memorandum dated September 5, 2024 (Attachment A). On September 26, 2024, SAN DAG submitted a letter requesting appeal of the City Engineer's decision on construction hours for the project (Attachment B). At the October 29, 2024, City Council meeting, an item was agendized to discuss SANDAG's appeal (Attachment C). David Cortez, SANDAG's Director of Engineering and Construction, requested at the meeting that the item be rescheduled to a later date, in about a month, to allow SAN DAG staff to better coordinate with city staff (Attachment D). The City of Encinitas also previously requested additional access for construction traffic to Carlsbad Boulevard at the southern access location to redirect some traffic off La Costa Avenue. Discussion and Next Steps On December 30, 2024, SANDAG withdrew its appeal on construction hours as presented in its letter (Attachment E). On the request for access off Carlsbad Boulevard, SAN DAG staff presented its request to the City of Encinitas' City Council on December 10, 2024. The City of Encinitas' City Council denied SANDAG's request. SAN DAG will continue to access the project's southern access location via La Costa Avenue. Attachments: A. Council Memorandum dated September 5, 2024 B. SAN DAG letter dated September 26, 2024 C. City Council Meeting Staff Report dated October 29, 2024 D. City Council Meeting Minutes dated October 29, 2024 E. SAN DAG letter dated December 30, 2024 Public Works Branch Transportation Department 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600 t Council Memo -SANDAG's Batiquitos Lagoon Double Tracking Project Update (District 4) January 30, 2025 Page 2 cc: Geoff Patnoe, City Manager Cindie McMahon, City Attorney Gary Barberio, Deputy City Manager, Community Services Gina Herrera, Assistant City Attorney Tom Frank, Transportation Director/City Engineer Jason Haber, Intergovernmental Affairs Director Jeff Murphy, Community Development Director Kristina Ray, Communication & Engagement Director Mike Strong, Assistant Director of Community Development Jason Geldert, Engineering Manager Emily Hasegawa, Engineering Manager Eric Lardy, City Planner To the members of the: CITY COUNCIL Date~CA.u_cc/ CM ✓ ACM ✓ocM (3) ✓ September 5, 2024 ATTACHMENT A Council Memorandum To: Honorable Mayor Blackburn and Members of the City Council From: Gary Barberio, Deputy City Manager, Community Services Paz Gomez, Deputy City Manager, Publi~rks {city of Carlsbad Memo ID# 2024067 Via: Geoff Patnoe, Assistant City Manager ~ Re: San Diego Association of Governments: Batiquitos Lagoon Double Tracking Project (District 4) This memorandum provides information related to the Batiquitos Lagoon Double Tracking project proposed by the San Diego Association of Governments (SAN DAG), as authorized by various federal and state agencies. Background & Discussion In July 2024, SAN DAG staff contacted city staff indicating that they were commencing with the Batiquitos Lagoon Double Tracking project (Attachment A). The project has northern and southern access locations. Northern Access On July 22, 2024, the contractor for SANDAG submitted an application with the city for a right-of-way permit, CAl\iW.0 VD which would allow a temporary driveway approach that would be used for access to private property for construction staging and access to the railroad (see area in red in the image above). The parcel in question is located along the 7400 block of Ponto Drive, and the impacts will be to approximately four to five acres of the property on the east of the roadway. SAN DAG staff estimated the project could take up to four years to complete, including periods where work does not occur to avoid impacts to the breeding season. Since July, city staff has been working with SAN DAG, their consultants, and other agencies to understand what permits and evaluations have been completed for authorization of this project, including the construction staging area on private property. During multiple emails and correspondences with the city since that time, SAN DAG has shared the following information related to approvals they had been working on with other agencies over multiple years. To date, the city has been provided: Community Services and Public Works Branches Community Development and Transportation Departments 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600 t Council Memo -SAN DAG: Batiquitos Lagoon Double Tracking Project (District 4) September 5, 2024 Page 2 • A summary of SANDAG's authorization and regulations preempting the city from exercising discretionary review over the proposed project. (Attachment B) • Confirmation of permits issued from the U.S. Army Corps of Engineers and U.S. Fish and Wildlife Service for impact to waterways and species. • Confirmation of concurrence provided to SAN DAG from the California Coastal Commission. Further correspondence from the city to Coastal Commission staff to obtain clarification if a Coastal Development Permit is needed. (Attachment C) • Communication to SANDAG from the U.S. Fish and Wildlife Service. (Attachment D). • Confirmation that SAN DAG is amenable to place dredged sand from the double-tracking project (approximately 10,000 cubic yards per year, and up to 70,000 cubic yards total over the total span) onto Carlsbad State Beach, south of the lagoon inlet (i.e., the South Ponto area). This placement would commence during the first phase of the project, which is anticipated to conclude in February 2025. However, as of the writing of this Council Memorandum, the above referenced approvals shared by SAN DAG do not mention how the dredge material will be tested or handled. As such, further review and permitting constraints of other agencies will need to be addressed before the dredged materials can be accepted. Based on information presented by SAN DAG, the city's only authority to regulate this project is the right-of-way permit for traffic control on city streets and for the construction of a driveway approach on Ponto Drive. The right-of-way permit can be issued within one week once SAN DAG provides written authorization from the property owner to use the property. However, as of the date of this Council Memorandum, SAN DAG appears to have initiated preliminary preparations to ready the property; namely, painting the city curb red where the proposed driveway access will be located and installing barriers to further prohibit parking in that area. This was done without prior city authorization. As such, staff will be contacting SAN DAG and the property owner and will have the improvements removed. Southern Access The project's southern access is currently through an easement adjacent and west of the North County Transit District (NCTD)'s right-of-way off La Costa Avenue in the City of Encinitas. Because of construction activity on private development along La Costa Avenue and improvements on North Coast Highway 101, the City of Encinitas has requested that SAN DAG modify the project access route to provide an ingress through the southbound left-turn pocket on Carlsbad Boulevard, across the mountable curb within the City of Encinitas and then egress onto La Costa Avenue with a right-out only followed by a right-turn only onto northbound Carlsbad Boulevard. The Carlsbad Boulevard access is just within the City of Encinitas boundary. The requested change would move the project's haul route for traffic of import and export of materials currently using La Costa Avenue in Encinitas to a route along Carlsbad coastal streets. Council Memo -SAN DAG: Batiquitos Lagoon Double Tracking Project (District 4) September 5, 2024 Page 3 City staff have asked to be involved in the review of the proposed change and have requested additional information regarding: • existing haul routes • proposed revisions to the haul routes • estimated truck and material volumes for the duration of construction • impacts as a result of the requested change SAN DAG staff have also offered to make a presentation to the City Council on this project, and city staff are working to schedule it prior to a ceremony that SANDAG has tentatively scheduled for mid-October. Next Steps Based on information presented from SANDAG, the city does not have authority to authorize, deny or condition the proposed project. Construction is expected to begin within the next month, assuming the property owner authorization is received soon, and the city has issued the right-of- way permit. Regarding the proposed changes to the southern access, SAN DAG committed to scheduling a meeting with the city to review the proposed changes and potential impacts, which is tentatively scheduled for the week of September 9, 2024. Staff will provide an update on the southern access following a determination on the project's southern access points and haul routes. SANDAG has asked that project related inquiries and complaints be sent to their construction hotline at (844) NCC-0050 or email at Bui/dNCC@KeepSanDieqoMovinq.com. Attachments: A. SAN DAG Map and Project Fact Sheet B. Memorandum from SAN DAG to the City dated August 9, 2024 C. Email from California Coastal Commission dated August 19, 2024 D. Email from U.S. Fish and Wildlife Service dated August 7, 2024 E. Email from SANDAG to the City dated August 29, 2024 cc: Scott Chadwick, City Manager Cindie McMahon, City Attorney Allegra Frost, Senior Assistant City Attorney Gina Herrera, Assistant City Attorney Tom Frank, Transportation Director/City Engineer Jason Haber, Intergovernmental Affairs Director Jeff Murphy, Community Development Director Kyle Lancaster, Parks & Recreation Director Kristina Ray, Community & Engagement Director Mike Strong, Assistant Director of Community Development Jason Geldert, Engineering Manager Hossein Ajideh, Engineering Manager Council Memo-SANDAG: Batiquitos Lagoon Double Tracking Project (District 4) September 5, 2024 Page 4 Jason Geldert, Engineering Manager John l<im, City Traffic Engineer Eric Lardy, City Planner SA --lb/trans· In August 2024, Caltrans and SAN DAG crews will begin work on the Batiquitos Lagoon Double Track Project, which will add 0.6 miles of second rail track from Avenida Encinas in Carlsbad to La Costa Avenue in Encinitas. Work over the next few weeks will include landscaping, bird surveying, and other preliminary construction activities. Nearby residents and businesses can expect minimal daytime construction noise, including Occupational Safety and Health Administration (OSHA) required vehicle back-up alarms. Crews will work to minimize noise and impacts to all nearby communities. Please note construction schedules are subject to change. We appreciate your patience during construction and look forward to delivering this project to the community. In Partnership With O:dtrans NORTH COUNTY iiiii:.""'111 TU.NSJT DISTIUCT U.S. Department of Transportatton Nonfltoa CGttukr .-& Construction • • m • Bridge Replacement ,(ffi\ Proposed Grading Areas \ill;' for Least Tern Habitat A N lb/trans· SA ATTACHMENT A July 26, 2024 <8mldNCC \ 'l, 801iqu.1os Lagoon I , I I ~"""' U,S.Deportment ~411197 otTrcnsportotion A lil■,11.P KeepSanDiegoMoving.com/BuildNCC 0 SDCaltrans A SOCaltrans 'cg\ DllCaltrans ~ CaltransDistrictll SANDAGregion V SANDAG ~ SANOAGregion '-' SANDAGregion About the Project The Batiquitos Lagoon Double Track Project will add 0.6 miles of second rail track from Avenida Encinas in Carlsbad to La Costa Avenue in Encinitas across the Batiquitos Lagoon. The addition of the second track will allow trains traveling in opposite directions to pass without slowing down or stopping. The project also includes replacing the wooden trestle bridge, built in the 1940s, with a modern, double-track concrete rail bridge designed to improve lagoon tidal flow. This project is a critical component of the first phase of the North Coast Corridor (NCC) Program, known as Build NCC. Build NCC inclu.des rail double tracking projects over the Batiquitos and San Elijo lagoons, extending the carpool lanes on Interstate 5, and environmental protection, lagoon restoration, and coastal access improvements. For More Information Email us at BuildNCC@KeepSanDiegoMoving.com Call 844.NCC.0050 Text BuildNCC to 760.454.0077 to receive construction alerts July 26, 2024 Scan Here Free Language Assistance I Ayuda gratuita con el idioma I Libreng Tulong sa Wika I Ho tr<;J ng6n ngG m ien phf ®ffi ~J!tffi*'ta!IJJ I ~~i!*tMJJ I ¼4--½Jll.ic.t..... I -'f-5i.. 'Z:!oJ :i;:1~ I ,:)$.,.;IJwl.iJ...S...S I ffl£;js/0)'~~5tffi'. I 6ecnnaTHasrn3bll<osaA noMOlllb ~[&I Assistenci a lingufstica gratuita I ~ 1-WIT~ I Assistance linguistique gratuite I t:l~UJiflMl'ili~li\\;l e,,_je::§ ~o'.J" <0~®0 I ll'l1J~mJc@t1n'l1JW'llil'lul5 I Kaai mad a Luqadda ee Bilaashka ah I 6e3K0WT0BHa Moil Ha AonoMora SANDAG.org/LanguageAssistance I 619.699.1900 KeepSanDiegoMoving.com/BuildNCC 0 SDCaltrans • SDCaltrans Jig\ DllCaltrans ~ CaltransDistrlctll SANDAGreglon W SANDAG ~ SANDAGregion '-' SANDAGreglon 07/21,0750 S A August 9, 2024 Memo to: From: Mr. Eric Lardy, AICP City Planner Community Development Department City of Carlsbad Keith Greer, Deputy Director, Environmental Compliance and Climate SANDAG ATTACHMENT B1 Subject: Environmental Clearance for the Batiquitos Lagoon Double Track Project Dear Mr. Lardy, The San Diego Association of Governments (SAN DAG) is submitting this memorandum to address questions raised by the City of Carlsbad on the environmental compliance requirements for the Batiquitos Lagoon Double Track Project (Project): Project Description The Project consists of the construction of a second mainline rail track along approximately l mile of the existing LOSSAN (Los Angeles -San Diego -San Luis Obispo) rail corridor through the Batiquitos Lagoon. The Project is part of a larger phased, multi-year effort to create a double track configuration on the entire LOSSAN rail corridor within San Diego County to improve commuter rail and freight rail service by increasing train capacity, improving railroad operations, and enhancing reliability. The purpose of the Project is to increase the reliability, operational flexibility, ahd capacity of the LOSSAN rail corridor to add passenger and freight rail service to meet future transportation demands. The existing single track in the Project area creates a bottleneck for trains traveling along the corridor. The Project will accommodate increased frequency of passenger and freight trains along the LOSSAN corridor, including through Batiquitos Lagoon, to encourage increased ridership of the train and remove vehicles from the highways as part of the transportation and growth planning in SANDAG's 2021 Regional Plan (Regional Plan). The Project includes replacement of the existing single-track timber rail bridge (Bridge 234.8) with a longer double-track concrete bridge that will increase tidal flushing and improve the overall health of the lagoon. The Project also includes the beneficial reuse of sand through beach nourishment, and enhancement and stabilization of the existing W-2 least tern nesting site. The nest site restoration will be designed to restore and stabilize the eroded nesting site back to its original 4.2 acres. Local Permits and Discretionary Review Senate Bill 1703 (SB 1703 Peace), adopted in 2003, defineq the roles, responsibilities, and authorities of SANDAG. Specifically, SANDAG is statutorily exempt from zoning and building regulations of a local jurisdiction pursuant to Public Utilities Code section 132354.4 and Government Code sections 53090 and 53091. Pursuant to Section 132354.4 of the Public 1 Utilities Code, SANDAG is excluded from the requirements of a "local agency" set forth in Section 53091 of the Government Code which requires local agencies to comply with building and zoning ordinances. SANDAG has also been granted by statute the right to use public rights-of-way for its facilities and projects. SANDAG, as the statutorily created regional transportation planning agency under Section 29532.l of the Government Code, succeeded to and acquired the right to construct works and facilities in, under, upon, over, across, or along any public streets or rights-of-way highway. {Pub. Util. Code§§ 132353.4, 90484 &120244). These statutory rights to use the public rights-of-way exempt SANDAG from the typical franchise requirements applicable to other public utilities. California Environmental Quality Act (CEOA) The Interstate Commerce Commission Termination Act {ICCTA), codified in part at 49 U.S.C. § l050l{b), grants the Surface Transportation Board {STB) jurisdiction over transportation by rail carriers, defined to include construction of sidetracks or facilities (49 U.S.C. § l050l{b)). The North County Transit District {NCTD) is a rail carrier for purposes of ICCTA. SANDAG is undertaking the Project under the auspices of NCTD. ICCTA preempts state and local land use and permitting requirements as to any facilities that are part of transportation by rail carrier. In 2002, the U.S. District Court for the Southern District of California upheld this position and concurred with STB when it found that NCTD was not required to obtain a permit or other approval under state or local law in order to build a passing track. While the project is preempted from CEQA, SANDAG determined that the Project is also exempt from CEQA review pursuant to California Public Resources Code 21080(b){l2) and California Code of Regulations, title 14 (CEQA Guidelines), section 15275, which provides that CEQA does not apply to "facility extensions not to exceed four miles in length which are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services." The Project is also exempt from CEQA review under CEQA Guidelines sections 15333, which applies to habitat restoration projects that are less than 5 acres. A Notice of Exemption was filed by SANDAG with the State Clearinghouse on June 25, 2024 (SCH Number 2024061076). National Environmental Policy Act (NEPA) The Project was included in the Final Program EIR/EIS released in September 2007, with the Record of Decision issued by the Federal Railroad Administration in March 2009. Subsequently, in February 2014, the Federal Transit Administration found that the Project qualified as a Categorical Exclusion under 23 CFR 771.178(d)(2): bridge replacement, or rail grade separation. Lastly, since the Project was subject to the requirements of the U.S. Army Corps of Engineers for work within waters of the United States, NEPA compliance documentation and determination was approved at the time of issuance of the Clean Water Act Section 404 permit noted below. Federal Regulatory Permitting The Project has received the following permits, which have previously been provided: • Clean Water Act Section 401 Water Quality Certification Number R9-2022-0173 2 (California Regional Quality Control Board, 2022) • Coastal Act Consistency Certification Number CC-0002-19 (California Coastal Commission, 2019) • Biological Opinion Number FWS-SD-2022-0002078-S7-F (U.S. Fish and Wildlife Service, 2022) • Clean Water Act Section 404 Permit Number SPL-2016-00786 (U.S. Army Corps of Engineers, 2023) If there are any questions regarding this submittal, please contact Tim Pesce, Senior Environmental Planner via email at Timothy.Pesce@sandag.org or phone (619) 595-1432. Sincerely, t&er Deputy Director, Environmental Compliance and Climate cc: Tim Pesce, Senior Environmental Planner Tim DeWitt, Senior Engineer Ryan Kohut, Senior Legal Council 3 From: To: · Cc: Subject: Date: Attachments: Carney. Kaitlin@Coastal Eric Lardy; Jennifer Jessee; Lilly. Dlana@Coastal Robert Efird III RE: Batiquitos Lagoon Double Tracking Monday, August 19, 2024 4:21:19 PM image002.png image003 ona image004.png imaaeoos.ona image00G.png image007.png image008.png ATTACHMENT C, Hi Eric, The staging area and its access point are an integral part of the double-tracking project, which was reviewed by the Commission as a consistency certification submitted by SANDAG. Our staff reviewed the change and believe it to be in substantial conformance with the project with which the Commission concurred. No CDP is required from the Commission. Do you have concerns about impacts to coastal resources associated with the staging? From: Eric Lardy <eric.lardy@carlsbadca.gov> Sent: Friday, August 16, 2024 8:44 AM To: Carney, Kaitlin@Coastal <kaitlin.carney@coastal.ca.gov>; Jennifer Jesser <Jennifer.Jesser@carlsbadca.gov>; Lilly, Diana@Coastal <Diana.Lilly@coastal.ca.gov> Cc: Robert Efird Ill <robert.efird@carlsbadca.gov> Subject: RE: Batiquitos Lagoon Double Tracking Good Morning, Kaitlin. Thank you for following up. To confirm, do you agree with SAN DAG that a CDP is not required to address any of the construction/uses given this consistency approval? And if one is required, who would be the issuing jurisdiction. Thank you, Eric Lardy, AICP City Planner Community Development Department City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 www.carlsba dca.gov 442-339-2712 I eric.lardy@ carlsbadca.gov FacebQQk I Tulill.er I You Tube I Pi nterest I Enews From: Carney, Kaitlin@Coastal <kait lin.carney@coastal.ca.gov> Sent: Friday, August 16, 2024 8:40 AM To: Eric Lardy <eric.lardy@ ca rl sbadca.gov>; Jennifer Jesser <Jennifer.Jesser@ca r!sbadca.gov>; Lilly, Diana@Coastal <Dj ana.Lilly@coasta l.ca.gov> Cc: Robert Efird Ill <robert.efird@carlsbadca.gov> Subject: RE: Batiquitos Lagoon Double Tracking Hi Eric, Yes, the email you attached is our staffs concurrence that the minor change to the staging area is consistent with the Commission's action. Thanks, Kaitlin From: Eric Lardy <eric.lardy@carl sbadca.gov> Sent: Thursday, August 15, 2024 2:49 PM To: Carney, Kaitlin@Coastal <kaitlin .carney@coastal.ca.gov>; Jennifer Jesser <Jen nifer.Jesser@carlsbaclca.gov>; Lilly, Diana@Coastal <Diana .Lilly@coastal.ca .gov> Cc: Robert Efird Ill <robert.efird@ca rl sbadca.gov> Subject: RE: Batiquitos Lagoon Double Tracking Good Afternoon, Kaitlin. Did you receive any update from your team? We did receive some information that there was concurrence for staging. We are looking for confirmation that that concurrence includes all impacts of the proposed construction and staging since this is in an area where CDPs would have been issued by the City. Any additional information you could provide would be helpful. Eric Lardy, AICP City Planner Community Development Department City of Carl sbad 1635 Faraday Ave. Carlsbad, CA 92008 www.carlsbadca.gov 442-339-2712 I eric.lardy@ca rl sbadca.gov Facebook I Twitter I You Tube I Pinterest I Enews From: Carney, Kaitlin@Coastal <kaitlin .carney@coastal.ca.gov> Sent: Monday, August 12, 2024 12:39 PM To: Jennifer Jesser <J ennifer.Jesser@carlsbadca.gov>; Lilly, Diana@Coastal <Diana.Lilly@coastal.ca.gov> Cc: Eric Lardy <erjc.lardy@carlsbadca.gov>; Robert Efird Ill <robert.efird@carlsbadca.gov> Subject: RE : Batiquitos Lagoon Double Tracking Hi Jennifer, The SAN DAG double tracking project was handled by our Federal Consistency unit staff and was approved by the Commission several years ago. I've reached out to our staff to see if we've provided any recent correspondence and will get back to you as soon as I have a response. Thanks, Kaitlin From: Jennifer Jesser <Jennifer.Jesser@carlsbadca.gov> Sent: Monday, August 12, 2024 10:54 AM To: Carney, Kaitlin@Coastal <kaitlin.carney@coastal.ca .gov>; Lilly, Diana@Coastal <Diana.Lilly@coastal.ca.gov> Cc: erjc.lardy@carlsbadca.gov; Robert Efird Ill <robert eflrd@carlsbadca.go..11> Subject: Batiquitos Lagoon Double Tracking Hi Diana and Kaitlin. Eric asl<ed me to confirm with you both that the Coastal Commission does not have any concerns or issues with SANDAG's Batiquitos Lagoon Double Tracking project. Please confirm the status and Coastal Commission's position on this project. Thank you. Jennifer Jennifer Jesser Senior Planner Community Development Department 1635 Faraday Avenue Carlsbad, CA 92008 www.carlsbadca.gov 442-339-2637 I jennifer.jesser@carlsbadca.g,Qy ATTACHMENT D 8/21/24, 8:11 AM Re: [EXTERNAL] Batiquitos Lagoon OT: proposed access change at northern staging area -Eric La Re: [EXTERNAL] Batiquitos Lagoon OT: proposed access change at northern staging area Kershek, Lauren <lauren_kershek@fws.gov> Wed 8/7/2024 4:40 PM To:Tim Pesce <Timothy.Pesce@sandag.org > Cc:Tim DeWitt <Tim.DeWitt@sandag.org>;Bruce Smith <Bruce.Smith@sandag.org> CAUTION: This email originated from outside of SAN DAG. Do not elide linlcs or open attachments unless you are expecting the content. Hi Tim, This proposed change to the staging area entrance is fine with us. Thank you for checking! Lauren Kershek (she, her) Fish and Wildlife Biologist U.S. Fish and Wildlife Service 2177 Salk Ave, Ste 250 Carlsbad, CA 92008 (760)431 9440 x200* *Email is the best way to reach me if you'd like to schedule a call or meeting. From: Tim Pesce <Timothy.Pesce@sandag.org> Sent: Wednesday, August 7, 2024 3:07 PM To: Kershek, Lauren <lauren_kershek@fws.gov> Cc: Tim DeWitt <Tim.DeWitt@sandag.org>; Bruce Smith <Bruce.Smith@sandag.org> Subject: [EXTERNAL] Batiquitos Lagoon DT: proposed access change at northern staging area This email has been received frqm outside of DOI -Use caution before clicking on linl<s, opening attachments, or responding. Hi Lauren, Thank you for your time meeting with us last week on the Batiquitos Lagoon Double Track Project. I wanted to provide additional information on the request we made related to the North Staging Area (depicted on Figure 1 on page 51 of the BO, and also related to CM 4): As we explained, this staging area access point has changed slightly from what was originally depicted in the BO due to a new gas line that has been installed. The proposed new access point from Ponto Drive (attached and shown.below) has been designed to avoid CSS and only contains disturbed habitat/bare ground/ornamental, and we would have a biologist monitoring this work to ensure any sensitive habitat is avoided. Please let us know if you are okay with us proceeding with this change, or if you'd like additional information prior to making a determination. The City of Carlsbad has also asked us to confirm this change is okay with USFWS, so we'd also like to provide your response to City staff if that is okay. Thanks, about:blank?windowld=SecondaryReadingPane2 1/2 8/21/24, 8:11 AM Tim Re: [EXTERNAL] Batiquitos Lagoon DT: proposed access change at northern staging area -Eric Lardy -Outlook Tim Pesce (he/11im/his) Senior Environmental Planner 619.699.5374 401 B Street, Suite 800, San Diego, CA 92-101 I Pursuing a brighter future for all Learn about our commitment to egui!Y. SANDAG office hours are Tuesday-Friday and every other Monday from 8 a.m. -5 p.m. about:blanl<?windowld=SecondaryReadingPane2 2/2 From: To: Cc: Subject: Date: Attachments: Tom: Ste□bco Fordham Ill!n..Era!lll; ~ ~ ~ Iim..JkWi1t Yenkv Gaoesan· Steohen Fordham· ~ Iim..fe.ste FW: BLDT Thursday, August 29, 2024 2:34:46 PM lmaoe004 ona !maaeoos ooa lmaac006 ana lmaoeOQZ ODO lmaoeOOB DOA 1maaeoo1 ona lmaaeooz ona lmaoc003 000 imaaeP09 000 lmaoe010 000 imaaeOll cna LA mSTA Fl,AGGER -CARLSBAD -8-24 Vl-Stamped (Bev 1).pd( Pmoosed Entrance from JO 1 CSQuth Access} odf BOW2PZ4-0S18 APP -Iraffir Control Plan reduced odf Attached are two traffic control plans and the proposed secondary access poi nt from Coast Highway. ATTACHMENT E As discussed, the Bat\quitos Lagoon Double Track project (BLOT) will be utilizing both northern and southern access point for ingress/ egress to and from the project site. Over the course of this four-year project revisions to traffic control plans will be discussed and submitted as required depending upon the logistics of project construction and controlling project activities. • LA COSTA FLAGGER -CARLSBAD-8-24 Vl: This document is the most recent TCP submitted to the City of Encinitas for ingress/ egress from La Costa Avenue. Additionally, as discussed SAN DAG is working on a secondary southern access to the project site from Coast Highway. This access area needs to be cleared by both USFW and CACC (currently in process), and then submitted as a traffic control plan revision to the City of Encinitas for review and approval. • Proposed Entrance from 101 (South Access): This document is a depiction of the approximate proposed second southern access point to the project site. Due to file size, the attachment will be sent under separate email. Lastly, the traffic control permit for the Ponto Drive project access point has been submitted to the City of Carlsbad and returned with comments. FSSW, the BLDT Contractor is currently addressing the comments. Once a finalized agreement between SANDAG and the property owner, Fenton, is executed, a letter of agreement with be forward to the City of Carlsbad. With the agreement executed FSSW will revise the TCP in accordance with any new City of Carlsbad comments and resubmit. • ROW2024-0518 APP -Traffic Control Plan: Shows the project access point for ingress and egress to the project site from Ponto Drive moved about 100 meters south of the originally permitted entrance. This revised access point has been approved by the USFW and CACC (please see recent email sent today from Tim Pesce). Should you have any additional questions please do not hesitate to contact me at your earliest convenience. Thank you. Stephen M Fordham, PE, QSD (he/ him/ his) Senior Transportation Engineer 619.871.9699 mobile Carlsbad Construction Field Office -Prtma1y 5135 Avenlda Encinas, Suite B, Carlsbad, CA 92008 l<eamy Mesa Construction Field Office 4909 Murphy Canyon Road, Suite 520, San Diego, CA 92123 r ill I I Pursuing a brighter future for all jlQJ l~l[;l l~l-1~! Learn about our commHment to equity SANDAG office ho11rs are Monday -Thursday and every other Friday from B a.m. -5 p.m. From: Jill Bankston <jbankston@encinitasca.gov> Sent: Thursday, August 29, 2024 8:45 AM To: Stephen Fordham <Stephen.Fordham@sandag.org> Subject: FW: BLDT CAUTION: This email originated from outside of SAN DAG. Do not cllclc links or open attachments unless you are Hi Stephen, Carlsbad reached out to Bruce to get additional info on BLDT. Looping you in, as you lil<ely have more of the project specific info. Thanks, Jill ill Jill Banl<ston, P.E. Director of Engineering/City Engine.er Engineering Department 505 South Vulcan Ave, Encinitas, CA 92024 760·633·28391 jbankston@encinitasca.gov WW)V enclnltasca.gov Report an Issue through MyEnclnllasl I ~ --w-~ ··1 From: Tom Frank <tom frank@car!sbadca gov> Sent: Wednesday, August 28, 2024 5:45 PM To: Jill Bankston <ibankston@encjnitasca gov> Cc: John Kim <John.Klm@carlsbadca gov>; Paz Gomez <Paz Gomez@carlsbadca.gov>; Nikki Matosian <Nll<ki.Matosian@carlsbadca gov>; Lindsey Hansen <Lindsey Hansen@ca dsbadca.gov>; Mike Strong <Mike Strong@carlsbadca.0 ov>; Smith, Bruce <bruce.smith@sandag org>: Jason Geldert <Jason.Geldert@carlsbadca gov>; Tim Carroll <Tim.Carroll@CarlsbadCA gov> Subject: RE: BLDT CAUTION: External Email. Do not click any links or open attachments unless you recognize the sender, verified their email address, and know the content is safe. HI Jill, I'm looping Bruce Smith into the conversation to assist in answering questions. Can you or Bruce send us their latest existing traffic control (TC) plans and project haul routes and estimated load tonnage. How does this proposed change, revise their previous TC and planned haul routes? Did SAN DAG received approval by the Coastal Commission for the changed access point and can you provide a copy of correspondences to help keep our team current on the project issues? Thanks, Tom Frank, PE Transportation Director/City Engineer Public Works Branch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 www cadsbadca gov 442-339-2766 I tom frank@caclsbadca gov .E.awill.ok I Iw.i.t1er I Yo!.Lluh.e. I .Eliili I £ln.tm:s1 I .En.ew.s From: Jill Bankston <ibankston@encinitasca gov> Sent: Wednesday, August 28, 2024 5:23 PM To: Tom Frank <tom frank@carl sbadca gov> Ci:: John Kim <John Kim@caclsbadca gov>; Paz Gomez <Paz Gomez@caclsbadca gov>; Nikki Matoslan <Nil<ki Matosian@carisbadca gov>; Lindsey Hansen <Lindsey Hansen@carlsbarlca gov> Subject: RE: BLDT HiTom, We've rejected 2 TCPs from SAN DAG and are awaiting an updated plan-hopefully tomorrow. I've been working through Stephen Fordham. Here•~ w!J31t _1,Ye're t,!ll_!_f!late_ly_ requesting:_ g We're going to temporarily have both ingress and egress from La Costa for a month or two, while SAN DAG works through the resource agencies to clear the CSS that's along the proposed ingress. Thanks, Jill I .. Jill Bankston, P.E. Director of Engineering/City Engineer Engineering Department 505 South Vulcan Ave, Encinitas, CA 92024 760-633-2839 1 lbankston@encinitasca goy WW\Y.encinltasca.qoy Report an Issue through MyEnclnllasl 1_·_-j ~~--~J[~~-g =1 From: Tom Frank <tom frank@cadsbadca gov> Sent: Wednesday, August 28, 2024 10:08 AM To: Jill Bankston <ibankston@encinjtasca.gov> Cc: John Kim <John Klm@carlsbadca gov>; Paz Gomez <Paz Gomez@carlsbadca.filll(>; Nikki Matosian <Nikki Matosian@carlsbadca gov>; Lindsey Hansen <Lindsey Hansen@cadsbadca gov> Subject: RE: BLDT CAUTION: External Email. Do not click any links or open attachments w1less you recognize the sender, verified their email address, and know the content is safe. Good morning Jill, Thanks for the contact. Are there any plans or schematics to help show the proposed changes? And who is your SAN DAG contact regarding traffic control plans? Tom Frank, PE Transportation Director/City Engineer Public Works Branch City of Carlsbad 1635 Fa raday Avenue Carlsbad, CA 92008 www carlsbadca gov 442-339-2766 I tom frank@car!sbadca gov ~ I Iwi!w: I ~ I Elllli I .Pinilltit I Enews From: Jill Bankston <ibankston@enclnltasca goy> Sent: Wednesday, August 28, 2024 8:29 AM To: Tom Frank <tom frank@carlsbadca gov> Subject: BLDT Hi Tom, I wanted to give you a heads up on the southerly access to the Batiquitos Lagoon Double Tracking. As I shared earlier this week, SAN DAG began their work by accessing the BLDT site off La Costa Avenue In the City of Encinitas without coordinating with us and without an approved TCP. The City has our $24M Leucadia Streetscape project unde,way just south of La Costa Avenue on the 101 and a major private development project east on La Costa closer to 1-5. We are requesting that SAN DAG modify their access so that they ingress through the southbound left turn pocket on Carlsbad Bouelvard across the mountable curb within the City of Encinitas and egress onto La Costa with a right out only. This Carlsbad Boulevard access is Just within the City of Encinitas boundary. Let me know if you have any questions. Thanks, Jill Jill Banl<ston, P.E. Director of Engineering/City Engineer Engineering Department 505 South Vulcan Ave, Encinitas, CA 92024 760-613· 2839 I jbankston@enclnitasca.gov WtYW endnitasca oov irll I lilil I Reper!_~ ~~~.!'2_rlo~~ MyEnclnilasl -~ I ~ , !CAUTION.) Do not open attachments or click on links unless you recognize the sender and know the content is safe.I !CAUTION.) Do not open attachments or click on links unless you recognize the sender and know the content is safe.I CAUTION: Do not open attachments or click on linl<s unless you recognize the sender and know the content is safe. 'G,..,. ~ -~ lRAmC comt0t. 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Ttus request 1s lempor.iry (2·3 mcnlhs) while v.c arc f1nahzing a palonUal access from HwY101. Signed traffic control showing llaggors and signs shown as alt.ached Thorc will be no work within lhe City or Encinitas aod this is jusl to enter saroly into Batiquilos Lagoon Ooublo I rack Pro1cct. ,.,..,.,,,,..,.,,.,.,.,,,,.,., IUCOIMING VEHICLE R?JTE .,..,..,..,,..,,..,.,,.,.,..,, OVTG01!'1G~1C2.ER.(?Ull: ® SCAI.E:1·--0· ---· CITY OF CARLSBAD TRAFFIC CONTROL PLAN LA COSTA AVE. FLAGGER CONTROLLED HEAVY EQUIPMENT ACCESS AT COAST HWY 101 SCALES INDEX NUMBER SHEET: 1 OF 1 Proposed Entrance from 101 HWY ·~-::e m .-=-a .... . ..........-::--,:;--~~.,,.~-,-~--:-;::,;:·-····!Atl,:·-:.-:,:,:,-, .... -.,_.~,-;:,--.·~ F '.e'r:=..-:::::,.:,-~-=- ~ BLOT -North Access ~ Traffic Control Plan S A DA G September 26, 2024 City of Carlsbad ATTN : City Clerk 1200 Carlsbad Village Dr Carlsbad, CA 92008 ATTACHMENT B Subject: Appeal of Decision Regarding Working Hours for the Batiquitos Lagoon Double Track ROE Dear Carlsbad City Clerk, The San Diego Association of Governments ("SAN DAG") is providing written appeal for the decision related to the plan check of ROW Permit 2024-0519 and ROW Permit 2024-0601 as it relates to the requirements to adhere to working hours in accordance with City of Carlsbad Municipal Code Section 8.48.10. SAN DAG is requesting extended working hours from 6:30am to 6:00pm for the Batiquitos Lagoon Double Track ("BLOT") project. This working hours exception is a deviation of one-half hour from the City of Carlsbad's typical working hours of 7:00 am to 6:00 pm. The exception would include SANDAG's contractor, Flatiron- Skanska-Stacy Witbeck, ("FSSW'), providing traffic control, accessing the North County Transit District ("NCTD") Right of Way from Ponto Drive , and truck hauling on designated routes within the City of Carlsbad including hauling for sand replenishment at South Ponto State Beach, and laydown within the Ponto Lot. The BLOT project involves the replacement of the existing 1940s single tracked wooden trestle bridge across the Batiquitos Lagoon with a new concrete bridge supporting increased rail capacity with double tracks. The new bridge is designed to be resilient against future storm events while increasing tidal flushing to improve the overall health of the Batiquitos Lagoon. The BLOT will also improve the local beaches by replenishing 50,000+ cubic yards of sand and rebuild the eroding W-2 Least Tern Nesting site located within the City of Carlsbad. The impacts from this deviation will not affect residents because working hours within the Railroad Right of Way are 6:00 am to 6:00 pm . In addition , SANDAG requests unrestricted use of the Ponto Drive access to the NCTD Right-of-Way (ROW) for contractor vehicles including maintenance vehicles. The off-hours contractor maintenance vehicles accessing from Ponto Drive would be performing refueling and maintaining construction equipment located within the NCTD ROW. The working hour request for this deviation is to allow FSSW to use haul routes and truck access starting at 6:30 am. Shifting construction operations later in the day does not have a 1 :1 relationship with the end of the shift. The evening commuter train traffic results in more contractor work stoppages for the train's safety resulting in 20 minutes of actual work during the peak train commuter hour. If the working hours are to be pushed one-half hour later, the BLOT project would need to extend its current 10.5-hour shifts to 12-hour shifts to maintain the original production and project schedule. A 12- hour shift will push construction activities into the evening commute hours. SANDAG is also requesting unrestricted use of driveway access from Ponto Drive, haul routes, and Ponto Lot laydown, for its contractor FSSW, during prescheduled absolute work windows (AWWs). These are windows when train traffic ceases from Saturday morning at 12:30 am until Monday morning at 12:30 am. AWWs are used for critical work that cannot be performed while trains are in service. There are typically six (6) to seven (7) AWWs prescheduled throughout the year. With four (4) or five (5) scheduled between January and March and two (2) scheduled in October. Activities performed during AWW weekends are scheduled to the minute and are performed around the clock. Without unrestricted access during these weekends it will not be possible to complete this railroad project. This project anticipates using 2 AWW's for the duration of the project. How ever others could be utilized to regain schedule. We will notify the City in advance of any AWW work. Extending the work hours will allow FSSW to maintain the original BLOT 44-month construction schedule. The original substantial construction completion date was April 4th, 2028. Due to the W-2 Least Tern Nesting Site, major construction activities that would involve trucking operations for importing Rip Rap or exporting sand to replenish South Ponto Beach must be suspended annually between April 15th and August SA D G 1st to not interfere with the Least Tern Nesting/Breeding Season. Additionally, the BLOT project is subject to two Absolute Work Windows ("AWW') associated with railroad outages required to shift the active LOSSAN Corridor rail onto the new BLOT bridge. The combination of the Least Tern Nesting Seasons, the limited AWW outages, and now potentially limited work hours pose a real risk of extending the BLOT project 6-12months including a fourth Least Tern Nesting Season shutdown and pushing the South Ponto Beach Replenishment completion into the winter of 2028/2029. Per Section 8.48.020 of the Municipal Code, the project meets the exceptions listed in the Municipal Code: Conducting construction activities during early morning hours is expected to be less objectionable to the community compared to late afternoon operations. Early start times will help mitigate noise and traffic disturbances during late afternoon hours, which could negatively impact residents' quality of life. As mentioned previously, maintaining the original schedule helps to ensure that the project does not encroach into subsequent seasons, which will carry significant economic and environmental impacts. By allowing this deviation, we are prioritizing the public interest in achieving timely completion of vital construction. This project will ultimately enhance community infrastructure, which benefits.all residents and visitors in Carlsbad. The requested hours for the BLOT project will be similar to the work hours requested for the future Carlsbad Village Railroad Trench. Optimizing extended work hours when working within the NCTD ROW around the heavier commuter rail traffic will also optimize the contractors construction activities minimizing the impacts to the local community. Should you have any additional questions please do not hesitate to contact me at your earliest convenience. Sincerely, Tim DeWitt (619) 980-0122 SANDAG This item was continued to a future meeting at the request of SAN DAG Director of Engineering and Construction David Cortez. 11. APPEAL FILED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS OF THE CITY ENGINEER'S DECISION TO DENY AN EXCEPTION TO THE CONSTRUCTION HOUR LIMITATIONS IN CARLSBAD MUNICIPAL CODE SECTION 8.48.10 FOR THE BATIQUITOS LAGOON DOUBLE TRACK PROJECT -1) Hold a public hearing; and 2) Adoption of a resolution denying the appeal filed by the San Diego Association of Governments and affirming the City Engineer's decision to deny an exception to the construction hour limitations in Carlsbad Municipal Code Section 8.48.10 for the Batiquitos Lagoon Double Track Project. (Staff contact: Tom Frank, Public Works and Gina Herrera, City Attorney) ATTACHMENT C CA Review GH CITY COUNCIL Staff Report Meeting Date: Oct. 29, 2024 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Tom Frank, Transportation Director/City Engineer tom.frank@carlsbadca.gov, 442-339-2766 Subject: District: Gina Herrera, Assistant City Attorney gina .herrera@carlsbadca.gov, 442-339-2891 Public Hearing to Consider an Appeal filed by the San Diego Association of Governments of the City Engineer's Decision to Deny an Exception to the Construction Hour Limitations in Carlsbad Municipal Code Section 8.48.10 for the Batiquitos Lagoon Double Track Project 4 Recommended Action 1. Hold a public hearing; and 2. Adopt a resolution denying the appeal filed by the San Diego Association of Governments and affirming the City Engineer's decision to deny an exception to the construction hour limitations in Carlsbad Municipal Code Section 8.48.10 for the Batiquitos Lagoon Double Track Project. Executive Summary The City Council is being asked to consider an appeal of the City Engineer's decision to deny a request from the San Diego Association of Governments to deviate from the construction hour limitations set forth in Carlsbad Municipal Code Chapter 8.48-Noise. Section 8.48.010 provides that: "It shall be unlawful to operate equipment or perform any construction in the erection, demolition, alteration or repair of any building or structure or the grading or excavation of land during the following hours, except as hereinafter provided: (A) After 6:00 p.m. on any day, and before 7:00 a.m., Monday through Friday, and before 8:00 a.m. on Saturday[.]" SAN DAG was issued city permits related to its project for a second railroad track over the Batiquitos Lagoon. As part of that process, SAN DAG requested an exception to the city's construction hour limitations so that it can begin construction at 6:30 a.m., to support construction activities in the North County Transit District, or NCTD's, right-of-way. SAN DAG also requested exceptions for the construction hour limitations for unrestricted access to Ponto Drive, as further detailed below. SAN DAG appealed the denial of these requested exceptions. Staff recommend the City Council deny the appeal and uphold the decisions of the City Engineer for the reasons explained below. Only the City Council has the authority to decide such appeals under Carlsbad Municipal Code Section 1.20.310, which applies when there is no other established specific appeals procedure. Explanation & Analysis Excessive noise jeopardizes the public health and welfare, and was first recognized as a public health hazard, particularly in urban areas, in 1968. Federal, state and local governments therefore regulate excessive noise. The City of Carlsbad, using its legislative powers, 1 first passed a noise ordinance limiting construction hours within city limits in 1978. The Noise Control Act of 1972 was adopted by Congress, and then amended and extended by the Quiet Communities Act of 1978, these acts established a national policy to promote an environment for all Americans free from noise that jeopardizes their health and welfare, in part, establishing the Office of Noise Abatement and Control, to coordinate Federal noise control activities. In 1981, the Office of Noise Abatement concluded that noise issues were best handled at the state and local level, and soon after funding was terminated. • On March 14, 1978, the City of Carlsbad adopted an ordinance, No. 3109, limiting construction hours "after sunset on any day, and before 7:00 A.M. Monday through Friday and before 8:00 A.M. on Saturday" and all-day Sunday and designated holidays. • On April 30, 2013, the City Council adopted another ordinance, No . CS-211, amending the city's Noise Ordinance in response to an increase in the number of construction noise complaints and amended Title 8 of the Municipal Code to prohibit construction noise "After six p.m. on any day, and before seven a.m., Monday through Friday, and before eight a.m. on Saturday," subject to certain exceptions. Noise ordinance The city's Noise Ordinance, Carlsbad Municipal Code Section 8.48.010, governs the construction hour limitations within the city. Section 8.48.020 provides exceptions to lengthen or shorten the hours of construction, based on the determination of the Building Official, City Engineer, or other designated official, based on the following factors: 1. Whether the project is an emergency repair required to protect the health and safety of any member of the community 2. Whether the construction would be less objectionable at night than during daylight hours 3. The character and nature of the neighborhood in the vicinity of the work site 4. The potential for great economic hardship 5. If the work is in the interest of the general public 6. Whether there is a previously unforeseen effect on the health, safety or welfare of the public 1 California Constitution, Article XI, Section 7, provides that a "city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws." Oct. 29, 2024 Item #11 Page 2 of 14 7. Any history of complaints regarding compliance with the limitation on hours of construction An exception to the construction hour limitations may be made based on the above factors; however, even if the above factors are applicable, the City Engineer may still deny an exception. Chronic noise, even at low levels, can cause annoyance, sleep disruption and stress that can contribute to various health issues. 2 Construction equipment noise emission levels range from 76 dBA3 to upwards to 101 dBA, when SO feet from the source of the construction equipment.4 Typical noise emission levels for quiet suburban nighttime is 35 dBA.5 Project background SAN DAG and the California Department of Transportation, are building a second set of railroad tracks across the Batiquitos Lagoon. The double tracking will enable northbound and southbound traveling trains to pass at the same time, and for passengertrains to pass slower freight trains. The project also replaces a 1940s-era wooden trestle bridge with a concrete, double-track bridge, which will provide a wider channel under the bridge that will improve tidal flow. The Batiquitos Lagoon Double Track project spans 0.6 miles across Batiquitos Lagoon, from La Costa Avenue in Encinitas to north of Avenida Encinas in Carlsbad. It is a critical component of the first phase of the North Coast Corridor, known as Build NCC, which includes a combination of transportation improvements, environmental protection and coastal access projects. Additionally, this project supports the objectives of the railroad operators, NCTD, Amtrak and BNSF Railway, to increase the overall efficiency and reliability of the LOSSAN Corridor, the 351- mile rail corridor, which that run from San Diego to Los Angeles and San Luis Obispo and is the second-busiest intercity passenger rail corridor in the United States and the busiest state- supported Amtrak route. The total estimated cost for the project is $166 million. SANDAG request Soon after SAN DAG applied for right-of-way permits from the city, city staff notified SAN DAG staff of the construction hour limitations, consistent with the city's Noise Ordinance. SAN DAG staff requested an exception to the construction hour limitations so that SANDAG's contractor could begin providing traffic control and accessing the NCTD right-of-way starting at 6:30 a.m., Monday through Friday, which is one half-hour earlier than the city's Noise Ordinance allows. Additionally, SANDAG requested exceptions to the construction hour limitations for: • Unrestricted access to Ponto Drive for contractor vehicles, including maintenance vehicles, to refuel and maintain construction equipment located within NCTD's right-of- way. 2 "Noise as a Public Health Hazard," American Public Health Association Policy No. 202115 (2021.) 3 Sound is measured in decibels, or dB. On the decibel scale, near absolute silence is designated as O db,while a sound 15 times louder is labeled as 15 dB. dBA levels are weighted to approximate the way the human ear hears. 4 Typical Noise Level (dBA) 50 ft., U. S. Dept. of Transportation study, 1995. 5 California Department of Transportation Technical Noise Supplement, 2013. Oct. 29, 2024 Item #11 Page 3 of 14 • Unrestricted access to Ponto Drive during prescheduled absolute work windows when work is scheduled around the clock during weekends, so that construction work can occur when train traffic ceases from Saturday at 12:30 a.m. until Monday at 12:30 a.m. SAN DAG anticipates the Batiquitos Lagoon Double Tracking project will require two absolute work windows for the duration of the project, possibly in January 2027 and February 2028. City staff sent an email on Sept. 19, 2024, notifying SAN DAG staff that the request to lengthen the work hours by one half-hour was denied by the City Engineer and provided notice of the process to appeal the City Engineer's decision, which is attached as Exhibit 2. SAN DAG appealed the decision on Sept. 26, 2024, within the established period for appeals, by providing a letter to the City Clerk, which is attached as Exhibit 3. SAN DAG asserts that the extension will not impact Carlsbad residents because the construction hours for the NCTD right-of-way are 6 a.m. to 6 p.m., so construction noise will already be occurring during that time, and Carlsbad would only be limiting construction noise related to the access roads subject to Carlsbad's jurisdiction. 6 Additionally, SAN DAG states that if the construction hours are not extended, then SAN DAG will not be able to complete construction by April 4, 2028, as currently planned. Instead, the construction hour limitation will delay project completion by six to 12 months. Two exception factors in Section 8.48.020 apply to the Batiquitos Lagoon Double Track Project: • The potential for great economic hardship, e.g., a potential delay for six to 12 months, in part due to the need to accommodate the least tern's nesting season • The work is in the interest of the general public--e.g., rail improvements, Carlsbad beach replenishment--and using taxpayer funds Appeal of the City Engineer's determination There is no appeal process provided in Chapter 8.48, so the appeals procedure provided in Section 1.20.310 applies. Section 1.20.310 provides that " ... [W]here no specific appeals procedure is established by this code for any decision of ... an official that substantially affects the rights, duties or privileges of an aggrieved person, such decision may be appealed to the City Council [.]" The City Council must decide whether there is "substantial evidence" to justify the City Engineer's decision to deny the exception by SAN DAG to extend the construction hours for the Batiquitos Lagoon Double Track Project. Courts have defined "substantial evidence" to mean evidence that, based on the whole record, is reasonable in nature, credible of solid value. (See the 2006 California appeals court ruling JK Enterprises, Inc. v. Dept. of Industrial Relations.) If the City Council finds that substantial evidence supports the City Engineer's decision, staff recommend that the City Council vote to 6 Active railroad lines, including the LOSSAN Corridor, are within federal jurisdiction. Given the comprehensive nature of federal control railroads, the city's Noise Ordinance likely does not apply to the work being performed on the railroad lines. Under 49 U.S. Code 10501(b)(2), the Surface Transportation Board has exclusive jurisdiction over "the construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team, switching or side tracks and facilities, even if the tracks are located, or intended to be located entirely in one State." Oct. 29, 2024 Item #11 Page 4 of 14 affirm the denial. If the City Council finds to the contrary, the City Council should vote to reverse the denial. Analysis of the appeal The decision by the City Engineer on Sept. 19, 2024, to deny SANDAG's request for an exception to the construction hour limitations was based on the potential negative noise impacts to nearby residents. The current city standard and referenced code sections were in place during the planning, design and permitting of the SAN DAG project and have not changed. Because the City Engineer followed the requirements of the Noise Ordinance and made decisions based on the premise that nearby residents would be negatively impacted by construction noise before 7 a.m., Monday through Friday, given the known impact of noise to human health, as well as by the requested unrestricted access to Ponto Drive during prescheduled absolute work windows when work is scheduled around the clock during weekends, staff recommend that the City Council deny the appeal and affirm the decision of the City Engineer. Public notification Consistent with the requirements of Carlsbad Municipal Code Section 15.16.160(8), the City Engineer sent the notice of the public hearing to SAN DAG, which is attached as Exhibit 4. Fiscal Analysis There is no direct fiscal impact from this item. Environmental Evaluation The recommended action to deny the appeal does not constitute a project within the meaning of the California Environmental Quality Act under CEQA Guidelines Section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. Next Steps If the City Council denies the appeal and affirms the decisions of the City Engineer, the decision of the City Council is final. Exhibits 1. City Council resolution 2. City staff email to SAN DAG dated Sept. 19, 2024 3. SAN DAG appeal letter dated Sept. 26, 2024 4. Notice of hearing sent to SAN DAG dated Oct. 15, 2024 Oct. 29, 2024 Item #11 Page 5 of 14 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE APPEAL FILED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND AFFIRMING THE CITY ENGINEER'S DECISION TO DENY AN EXCEPTION TO THE CONSTRUCTION HOUR LIMITATIONS IN CARLSBAD MUNICIPAL CODE SECTION 8.48.10 FOR THE BATIQUITOS LAGOON DOUBLE TRACK PROJECT Exhibit 1 WHEREAS, excessive noise jeopardizes public health and welfare, and was first recognized as a public health hazard, particularly in urban areas, in 1968; and WHEREAS, The Noise Control Act of 1972 was adopted by Congress, and then amended and extended by the Quiet Communities Act of 1978 (collectively the "Acts"); and WHEREAS, the Acts established a national policy to promote an environment, for all Americans, free from noise that jeopardizes their health and welfare, in part, establishing the Office of Noise Abatement and Control, or ONAC, to coordinate noise control activities; and WHEREAS, in 1981 the ONAC concluded that noise issues were best handled at the state and local level, and soon after funding for ONAC was terminated; and WHEREAS, the California Constitution, Article XI, Section provides that "city may make and enforce within its limits all local, police, sanitary, and other ordinance and regulations not in conflict with general laws"; and WHEREAS, according to the American Public Health Association, chronic noise, even at low levels, can cause annoyance, sleep disruption and stress that can contribute to various health issues; and WHEREAS, on March 14, 1978, the City of Carlsbad adopted Ordinance No. 3109, limiting construction hours "after sunset on any day, and before 7:00 A.M. Monday through Friday and before 8:00 A.M. on Saturday" and all-day Sunday and designated holidays; and WHEREAS, on April 30, 2013, City Council adopted Ordinance No. CS-211, amending the city's Noise Ordinance, in response to an increase in the number of construction noise complaints, and amended Title 8 to prohibit construction noise "After six p.m. on any day, and before seven a.m., Monday through Friday, and before eight a.m. on Saturday," subject to certain exceptions; and Oct. 29, 2024 Item #11 Page 6 of 14 WHEREAS, pursuant to Section 8.48.20 of the Carlsbad Municipal Code, or CMC, the City Engineer, Building Official and other designated officials, may make exceptions to the construction hour limitations in CMC Section 8.48.10; and WHEREAS, on Sept. 19, 2024, the City Engineer denied a request from the San Diego Association of Governments, or SANDAG, for extended construction hours for the Batiquitos Lagoon Double Track Project; and WHEREAS, a decibel is defined by a ratio that represents a logarithmic scale in respect to a reference pressure level, and on the decibel scale, near absolute silence is designated as O dB while a sound 15 times louder is labeled as 15 dB; and WHEREAS, according to a 1995 United States Department of Transportation study, construction equipment noise emission levels range from 76 dBA to upwards to 101 dBA, when 50 feet from the source of the construction equipment; and WHEREAS, according to a September 2013, California Department of Transportation. Technical Noise Supplement, the typical noise emission level for quiet suburban nighttime is 35 dBA;and WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider the appeal filed by SAN DAG to begin construction at 6:30 a.m., Monday through Friday, unrestricted access to Ponto Drive for the Batiquitos Lagoon Double Track Project on Sept. 26, 2024, and unrestricted access for construction vehicles during two prescheduled absolute work windows when work is scheduled around the clock during weekends; and WHEREAS, at the public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the appeal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That construction hours are limited in the City of Carlsbad between 7:00 a.m. and 6:00 p.m., with limited exceptions, to safeguard residents' health. Oct. 29, 2024 Item #11 Page 7 of 14 3. That the exceptions in Section 8.48.020 of the Carlsbad Municipal Code were considered by the City Engineer but were not deemed sufficient to warrant an exception for starting construction at 6:30 a.m., nor for prescheduled absolute work windows, when work is scheduled around the clock during weekends, based on the impact to residents. 4. That the City Council denies the appeal submitted by SANDAG for extended construction hours and unrestricted access to Ponto Drive for the Batiquitos Lagoon Double Track Project. 5. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the CMC, "Time Limits for Judicial Review" shall apply: "NOTICE" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by CMC Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. Oct. 29, 2024 Item #11 Page 8 of 14 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of _ _, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Oct. 29, 2024 KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) Item #11 Page 9 of 14 Exhibit 2 From: Jason Geldert To: Kifil....Ia.e Cc: vavrosky. Adam; Bertsch. Philip: rnocon@kleinfelder com; stephen fordham@sandag org: Kelly Troy: 1iffam'. ~; Tom Frank; Emily Hasegawa: Mike Strong Subject: Date: Attachments: Tae (and all): RE: Ponto Dr Sidewalk Closure Plan Request; ROW2024-0519 & ROW2024-0601 Thursday, September 19, 2024 2:58:00 PM image00l.gif imageoo2.gif Row2021-os19 and ROW2024-06Dl Plancheck Comments.pd{ Example driveway plan.pd{ Attached are the plan check comments for ROW2024-0519 (Driveway) and ROW2024-0601 (Temp access over curb). Also attached is an example plan for a driveway apron installation. Please see the notes at the bottom of the plan check comments. Note that work hours for the right-of-way and on the Fenton site shall be in accordance with Carlsbad Municipal Code Section 8.48.10. Those hours are 7:00 am to 6:00 pm Mon-Fri and 8:00 am to 6:00 Saturday. No work on Sundays or Holidays. The city engineer and engineering manager for CM&I did not approve an exception to the work hours. The date of that decision is today, September 19, 2024. According to Carlsbad Municipal Code Section 1.20.310 you have 10 calendar days from the date of the decision to appeal to the City Council by filing a written notice of appeal with the City Clerk. Please refer to the linked code section. Jason Geldert, P.E. Engineering Manager Land Development Engineering www.carlsbadca.gov 760-814-0229 mobile Ill Facebook I Twitter I You Tube I .Eli.c.kr I Pioterest I Enews From: Kim, Tae <TKim@flatironcorp.com> Sent: Wednesday, September 18, 2024 1:23 PM To: Tiffany Fisher <Tiffany.Fisher@carlsbadca.gov> Cc: Jason Geldert <Jason .Geldert@carlsbadca .gov>; Vavrosky, Adam <AVavrosky@flatironcorp.com>; Bertsch, Philip <pbertsch@flatironcorp.com>; rnocon@kleinfelder.com; stephen.fordham@sandag.org; Kelly, Troy <TKelly@flatironcorp.com> Subject: Ponto Dr Sidewalk Closure Plan Request Oct. 29, 2024 Item #11 Page 10 of 14 Tiffany, Please see the attached traffic control permit to close the existing sidewalk on Ponto Dr. The purpose of this separate permit request is to avoid impacting any pedestrians when FSSW enters the area without the driveway installed. It is FSSW's intent to install the driveway as soon as next week once the permit (ROW2024-0519) is approved. We intend to close the existing sidewalk in the meantime to mobilize in the equipment. At this time, FSSW does not intend to have truck hauls or large equipment entering through this without the driveway installed as discussed during the meeting. Please expedite the review and let us know if you have any questions or concerns. We would like to mobilize in through Ponto Dr as soon as possible. Thank you, Tae Kim I Project Engineer mobile 619.991 .3163 I tkim@i5northcoast.com ~~~ FLATIRON CONFIDENTIALITY STATEMENT~~~ The information in this email is confidential and may be legally privileged. It is intended solely for the addressee. Access to this email by anyone else is unauthorized. If you receive this email in error, please reply to notify me immediately. Thank you. CAUTION. Do not o en attachments or click on links unless know the content is safe. Oct. 29, 2024 Item #11 Page 11 of 14 S A D September 26, 2024 City of Carlsbad ATTN: City Clerk 1200 Carlsbad Village Dr Carlsbad, CA 92008 G Exhibit 3 Subject: Appeal of Decision Regarding Working Hours for the Batiquitos Lagoon Double Track ROE Dear Carlsbad City Clerk, The San Diego Association of Governments ("SAN DAG") is providing written appeal for the decision related to the plan check of ROW Permit 2024-0519 and ROW Permit 2024-0601 as it relates to the requirements to adhere to working hours in accordance with City of Carlsbad Municipal Code Section 8.48.10. SAN DAG is requesting extended working hours from 6:30am to 6:00pm for the Batiquitos Lagoon Double Track ("BLOT") project. This working hours exception is a deviation of one-half hour from the City of Carlsbad's typical working hours of 7:00 am to 6:00 pm. The exception would include SANDAG's contractor, Flatiron- Skanska-Stacy Witbeck, ("FSSW"), providing traffic control, accessing the North County Transit District ("NCTD") Right of Way from Ponto Drive , and truck hauling on designated routes within the City of Carlsbad including hauling for sand replenishment at South Ponto State Beach, and laydown within the Ponto Lot. The BLOT project involves the replacement of the existing 1940s single tracked wooden trestle bridge across the Batiquitos Lagoon with a new concrete bridge supporting increased rail capacity with double tracks. The new bridge is designed to be resilient against future storm events while increasing tidal flushing to improve the overall health of the Batiquitos Lagoon. The BLOT will also improve the local beaches by replenishing 50 ,000+ cubic yards of sand and rebuild the eroding W-2 Least Tern Nesting site located within the City of Ca rlsbad. The impacts from this deviation will not affect residents because working hours within the Railroad Right of Way are 6:00 am to 6:00 pm. In addition, SANDAG requests unrestricted use of the Ponto Drive access to the NCTD Right-of-Way (ROW) for contractor vehicles including maintenance vehicles. The off-hours contractor maintenance vehicles accessing from Ponto Drive would be performing refueling and maintaining construction equipment located within the NCTD ROW. The working hour request for this deviation is to allow FSSW to use haul routes and truck access starting at 6:30 am. Shifting construction operations later in the day does not have a 1: 1 relationship with the end of the shift. The evening commuter train traffic results in more contractor work stoppages for the train's safety resulting in 20 minutes of actual work during the peak train commuter hour. If the working hours are to be pushed one-half hour later, the BLOT project would need to extend its current 10.5-hour shifts to 12-hour shifts to maintain the original production and project schedule. A 12- hour shift will push construction activities into the evening commute hours. SAN DAG is also requesting unrestricted use of driveway access from Ponto Drive, haul routes, and Ponto Lot laydown, for its contractor FSSW, during prescheduled absolute work windows (AWWs). These are windows when train traffic ceases from Saturday morning at 12:30 am until Monday morning at 12:30 am. AWWs are used for critical work that cannot be performed while trains are in service. There are typically six (6) to seven (7) AWWs prescheduled throughout the year. With four (4) or five (5) scheduled between January and March and two (2) scheduled in October. Activities performed during AWW weekends are scheduled to the minute and are performed around the clock. Without unrestricted access during these weekends it will not be possible to complete th is railroad project. This project anticipates using 2 AWW's for the duration of the project. How ever others could be utilized to regain schedule. We will notify the City in advance of any AWW work. Extending the work hours will allow FSSW to maintain the original BLOT 44-month construction schedule. The original substantial construction completion date was April 4th, 2028. Due to the W-2 Least Tern Nesting Site, major construction activities that would involve trucking operations for importing Rip Rap or exporting sand to replenish South Ponto Beach must be suspended annually between April 15th and August Oct. 29, 2024 Item #11 Page 12 of 14 S A G 1st to not interfere with the Least Tern Nesting/Breeding Season. Additionally, the BLOT project is subject to two Absolute Work Windows ("AWW') associated with railroad outages required to shift the active LOSSAN Corridor rail onto the new BLOT bridge. The combination of the Least Tern Nesting Seasons, the limited AWW outages, and now potentially limited work hours pose a real risk of extending the BLOT project 6-12months including a fourth Least Tern Nesting Season shutdown and pushing the South Ponto Beach Replenishment completion into the winter of 2028/2029. Per Section 8.48.020 of the Municipal Code, the project meets the exceptions listed in the Municipal Code: Conducting construction activities during early morning hours is expected to be less objectionable to the community compared to late afternoon operations. Early start times will help mitigate noise and traffic disturbances during late afternoon hours, which could negatively impact residents' quality of life. As mentioned previously, maintaining the original schedule helps to ensure that the project does not encroach into subsequent seasons, which will carry significant economic and environmental impacts. By allowing this deviation, we are prioritizing the public interest in achieving timely completion of vital construction. This project will ultimately enhance community infrastructure, which benefits all residents and visitors in Carlsbad. The requested hours for the BLOT project will be similar to the work hours requested for the future Carlsbad Village Railroad Trench. Optimizing extended work hours when working within the NCTD ROW around the heavier commuter rail traffic will also optimize the contractors construction activities minimizing the impacts to the local community. Should you have any additional questions please do not hesitate to contact me at your earliest convenience. Sincerely, Tim DeWitt (619) 980-0122 SANDAG Oct. 29, 2024 Item #11 Page 13 of 14 OOOJsign Envelope ID: 77BAAD74-0389-4643-9546-405FEDD4346E October 15, 2024 VIA EMAIL AND CERTIFIED MAIL SANDAG Attn: Tim DeWitt 401 B Street, Suite 800 San Dlego, CA 92101 Tim.OeWitt@sandag.org Exhibit 4 {_ City of Carlsbad RE: Appeal of Decision re Construction Hours for the Batiquitos Lagoon Double Track Project Dear Mr. DeWitt, Notice is hereby given that the City Council of the City of Carlsbad will hold a public hearing on Tuesday, October 29, 2024, at 5:00 p.m., at the City Council Chamber at 1200 Carlsbad Village Drive, Carlsbad, California to hear SANDAG's Appeal of Construction Hours for the Batiquitos Lagoon Double Track Project. Copies of the staff report will be available on or after Friday, October 25, 2024. If you have any questions, please contact me at tom.frank@carlsbadca .gov or at 442-339-2766. If you would like to Include written materials, please send those to me vla email by 5:00 p.m. on Wednesday, October 23, 2024. Otherwise, you may submit correspondence directly to the Clty Clerk at clerk@carlsbadca.gov by no later than 2:00 p.m. on Tuesday, October 29, 2024, for distribution to the City Council. If you challenge the results of the appeal in court, you may be limited to only raising issues presented at the public hearing described in this notice. Sincerely, Tom Frank City Engineer Public Works Branch Transportation Department ~~f9f~Lf.venue I Carlsbad, CA 92008 I 442-339-2746 t Item #11 Page 14 of 14 ATTACHMENT D CITY COUNCIL Minutes Oct. 29, 2024, 5 p.m. CALL TO ORDER: 5 p.m. ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder. Absent: Luna. Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 PLEDGE OF ALLEGIANCE: Mayor Pro Tern Bhat-Patel led the Pledge of Allegiance. ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Blackburn announced that the City Council is serving as the Carlsbad City Council, the Carlsbad Municipal Water District Board of Directors, the Public Financing Authority, the Community Development Commission and City Council as Successor Agency to the Redevelopment Agency on Consent Calendar Item No. 2 and as the Carlsbad Municipal Water District Board of Directors on Consent Calendar Item No. 8 as well as on Ordinance for Introduction Item No. 9. APPROVAL OF MINUTES: Minutes of the Regular Meeting held Sept. 10, 2024 Minutes of the Regular Meeting held Sept. 24, 2024 Minutes of the Special Meeting held Oct. 15, 2024 Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to approve the minutes as presented. Motion carried unanimously, 4/0/1 (Luna -Absent). PRESENTATIONS: Retirement Proclamation in Recognition of Communications Manager Matt Pinell. Mayor Blackburn presented the proclamation and Communications Manager Matt Pinell said a few words. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney Cindie McMahon announced there were Closed Sessions held at 12 p.m. and 3:30 p.m. and there was no reportable action from either Closed Session. PUBLIC COMMENT: Don Christiansen spoke regarding sustainability and building solar electric canopies with battery storage and electric vehicle charging over city owned parking lots. Cathy lewnhard spoke regarding the Vista City Council's vote to oppose commercial flights out of Palomar Airport. Vanessa Forsythe spoke regarding the Planning Commission's opposition to the proposals involving solar panels over city owned parking lots. Oct. 29, 2024 Carlsbad City Council Regular Meeting Page 2 Michael McMahon spoke regarding the Climate Action Plan update and the United Nations Annual Emissions GAP report. CONSENT CALENDAR: Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve Consent Calendar Item Nos. 2 through 8. Motion carried unanimously, 4/0/1 (Luna -Absent). This item was returned to staff to be placed on a future agenda. 1. DECLARE EXCESS FUNDS IN THE RANCHO SANTA FE ROAD PROJECT FUND AND AUTHORIZE A FINAL REFUND OF EXCESS FEES TO FAIRE-SHARE AGREEMENT HOLDERS -Adoption of a resolution declaring excess cash In the Rancho Santa Fe Road Project Fund and authorizing a final refund of excess fees to all fair-share agreement holders. (Staff contact: Roxanne Muhlmelster, Administrative Services) 2. 2024 CONFLICT OF INTEREST UPDATE -1) Adoption of Resolution No. 2024-237 amending the Conflict of Interest Code of the City of Carlsbad; and 2) Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1749 amending the Conflict of Interest Code of the District; and 3) Adoption of Community Development Commission Resolution No. 569 amending the Conflict of Interest Code of the Commission; and 4) Adoption of Public Financing Authority Resolution No. 99 amending the Conflict of Interest Code of the Authority; and 5) Adoption of City Council as Successor Agency to the Redevelopment Agency Resolution No. 2024-238 amending the Conflict of Interest Code of the Agency. (Staff contact: Faviola Medina, City Clerk and Anayeli Zavala, City Attorney) 3. AGREEMENT WITH EMERGENCY VEHICLES SYSTEMS. LLC FOR POLICE VEHICLE OUTFITTING SERVICES AND ADDITIONAL APPROPRIATION -Adoption of Resolution No. 2024-239 approving a three-year agreement with Emergency Vehicle Systems, LLC for police vehicle outfitting in an amount not to exceed $457,105 per agreement year and approving an appropriation of $25,400 from the Fleet Vehicle Replacement Fund to the Fleet Division fiscal year 2024-25 operating budget for outfitting five police vehicles approved for replacement in fiscal year 2023-24. (Staff contact: Bradley Northup, Public Works) 4. UPDATED AMOUNT OF CONSTRUCTION CONTRACT FOR THE EL CAMINO REAL WIDENING FROM SUNNY CREEK ROAD TO JACKSPAR DRIVE PROJECT, CIP PROJECT NO. 6094 -Adoption of Resolution No. 2024-240 awarding a construction contract to Dick Miller, Inc. for the El Camino Real Widening from' Sunny Creek Road to Jackspar Drive Project in an updated amount not to exceed $3,993,598 and authorizing an additional appropriation of $116,050 from gas tax funds to Capital Improvement Program Project No. 6094. (Staff contact: Brandon Miles and Hossein Ajideh, Public Works) 5. PROOF OF DESIGNATION FORM FOR COLLECTION OF ELECTRONIC WASTE IN CARLSBAD - Adoption of Resolution No. 2024-241 authorizing execution and submittal of a Proof of Oct. 29, 2024 Carlsbad City Council Regular Meeting Page 3 Designation Form 184 letter to the California Department of Resources Recycling and Recovery to designate Allied Waste Systems, Inc., dba Republic Services of San Diego, or its subcontractor, E Recycling of CA -SFS, as an approved collector of electronic waste for the City of Carlsbad. (Staff contact: James Wood, Public Works) 6. AGREEMENT WITH ADAPTASPACE INC. TO PROVIDE FURNITURE CONSOLES FOR THE EMERGENCY OPERATIONS CENTER, CIP PROJECT NO. 4715 -Adoption of Resolution No. 2024-242 authorizing an agreement with Adaptaspace Inc. in an amount not to exceed $356,911 to provide furniture consoles for the Emergency Operations Center as part of the Police and Fire Headquarters Renovation Project, Capital Improvement Program Project No. 4715. (Staff contact: Steven Stewart, Public Works) 7. CALIFORNIA ENERGY COMMISSION GRANT FOR THE STATE STREET PARKING LOT ELECTRIC VEHICLE CHARGING STATIONS PROJECT AND ADDITIONAL APPROPRIATION, CIP PROJECT NO. 4090 -Adoption of Resolution No. 2024-243 authorizing the City Manager or designee to accept a grant of $350,000 from the California Energy Commission for the installation of electric vehicle charging stations at the State Street Parking Lot and authorizing an appropriation of $150,000 from the Public Facilities Fees Fund to Capital Improvement Program Project No. 4090. (Staff contact: Shawn Gaskari, Public Works) 8. AWARD OF CONTRACT TO CREATIVE HOME DBA CHI CONSTRUCTION, INC. FOR CONSTRUCTION OF THE VALVE REPLACEMENT PHASE Ill, CIP PROJECT NO. 5019-F-Adoption of Carlsbad Municipal Water District Board of Directors Resolution No. 1750 accepting bids and awarding a contract to Creative Home dba CHI Construction, Inc. for construction of the Valve Replacement Phase Ill Project in an amount not to exceed $3,823,800 and appropriating $562,000 from the Water Replacement Fund to Capital Improvement Program Project No. 5019-F. (Staff contact: Timothy Smith and Stephanie Harrison, Public Works) BOARD AND COMMISSION MEMBER APPOINTMENTS: None. PUBLIC HEARING: This item was heard following the Consent Calendar. 11. APPEAL FILED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS OF THE CITY ENGINEER'S DECISION TO DENY AN EXCEPTION TO THE CONSTRUCTION HOUR LIMITATIONS IN CARLSBAD MUNICIPAL CODE SECTION 8.48.10 FOR THE BATIQUITOS LAGOON DOUBLE TRACK PROJECT -1) Hold a public hearing; and 2) Adoption of a resolution denying the appeal filed by the San Diego Association of Governments and affirming the City Engineer's decision to deny an exception to the construction hour limitations in Carlsbad Municipal Code Section 8.48.10 for the Batiquitos Lagoon Double Track Project. (Staff contact: Tom Frank, Public Works and Gina Herrera, City Attorney) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Oct. 29, 2024 Carlsbad City Council Regular Meeting Page4 City Manager Scott Chadwick introduced the item. SAN DAG Director of Engineering and Construction David Cortez made a request to reschedule the item to a later date in order to better collaborate with city staff. Motion by Mayor Blackburn, seconded by Mayor Pro Tern Bhat-Patel, approving a request from SAN DAG Director of Engineering and Construction David Cortez for the item be moved to a later date. Motion carried, 4/0/1 (Luna -Absent). ORDINANCES FOR INTRODUCTION: 9. REPEAL AND REPLACE TITLE 1-GENERAL PROVISIONS OF THE CARLSBAD MUNICIPAL WATER DISTRICT CODE -Introduction of Ordinance No. 50 of the Carlsbad Municipal Water District Board of Directors repealing and replacing Title 1 of the Carlsbad Municipal Water District Code. (Staff contact: Shoshana Aguilar, Public Works and Gina Herrera, City Attorney) City Manager's Recommendation: Introduce the ordinance. Senior Management Analyst Shoshana Aguilar and General Manager Amanda Flesse presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, introducing Carlsbad Municipal Water District Ordinance No. 50. Motion carried, 4/0/1 (Luna -Absent). ORDINANCES FOR ADOPTION: None. PUBLIC HEARING: 10. AMEND CARLSBAD MUNICIPAL CODE SECTIONS 18.21.030 (GREEN BUILDING STANDARDS CODE -SITE DEVELOPMENT) AND 18.04.055 (BUILDING CODE -BOARD OF APPEALS) WITH FINDINGS OF FACT SUPPORTING CALIFORNIA BUILDING STANDARDS CODE AMENDMENTS (MCA 2024-2003) -1) Hold a public hearing; and 2) Adoption of Ordinance No. CS-476, amending Carlsbad Municipal Code Sections 18.21.030 (Green Building Standards Code -Site Development) and 18.04.055 (Building Code -Board of Appeals) with findings of fact supporting California Building Standards Code Amendments. (Staff contact: Mike Strong, Community Services) City Manager's Recommendation: Take public input, close the public hearing and adopt Ordinance No. CS-476. Assistant Director of Community Development Mike Strong gave a brief overview of the item. Mayor Blackburn opened the duly noticed public hearing at 5:25 p.m. Oct. 29, 2024 Carlsbad City Council Regular Meeting Page 5 Seeing no one wishing to speak, Mayor Blackburn closed the duly noticed public hearing at 5:25p.m. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Acosta, to adopt Ordinance No. CS-476. Motion carried, 4/0/1 (Luna -Absent). This item was heard before Item No. 9. 11. APPEAL FILED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS OF THE CITY ENGINEER'S DECISION TO DENY AN EXCEPTION TO THE CONSTRUCTION HOUR LIMITATIONS IN CARLSBAD MUNICIPAL CODE SECTION 8.48.10 FOR THE BATIQUITOS LAGOON DOUBLE TRACK PROJECT -1) Hold a public hearing; and 2) Adoption of a resolution denying the appeal filed by the San Diego Association of Governments and affirming the City Engineer's decision to deny an exception to the construction hour limitations in Carlsbad Municipal Code Section 8.48.10 for the Batiquitos Lagoon Double Track Project. (Staff contact: Tom Frank, Public Works and Gina Herrera, City Attorney) City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. DEPARTMENTAL AND CITY MANAGER REPORTS: None. COUNCIL REPORTS AND COMMENTS: Mayor Blackburn and the City Council Members reported on activities and meetings of some committees and subcommittees of which they are members. ANNOUNCEMENTS: This section of the Agenda is designated for announcements to advise the community regarding events that Members of the City Council have been invited to, and may participate in. Wednesday,Nov.6,2024 11 a.m. -12:30 p.m. Aviara East/Vista Azul Affordable Housing Community Ribbon Cutting 1380 Laurel Tree Lane Carlsbad, CA Monday,Nov.11,2024 11 a.m. -12 p.m. Army & Navy Academy's Veterans Day Military Review Bliss Stadium 2600 Carlsbad Blvd. Carlsbad, CA CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. Oct. 29, 2024 Carlsbad City Council Regular Meeting Page6 ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 5:28 p.m. Tamara R. McMinn, CPMC, CMC Senior Deputy City Clerk S A DA G December 30, 2024 City of Carlsbad Sherry Freisinger, City Clerk 1200 Carlsbad Village Dr Carlsbad, CA 92008 ATTACHMENT E Subject: Withdrawal of Appeal Regarding Working Hours for the Batiquitos Lagoon Double Track Project Dear Ms. Freisinger, The San Diego Association of Governments ("SANDAG") is requesting the City of Carlsbad withdraw our appeal to the denial of a requested exception to construction working hours limitation, in accordance with City of Carlsbad Municipal Code Section 8.48.10. The appeal was filed with the City Clerk on September 26, 2024. It was agenda item 11 at the October 29th City Council meeting. At that meeting, SAN DAG staff requested a continuance of the agenda item to be heard at a later Council meeting. We have since decided to withdraw the appeal. We would like to thank City staff for their cooperation and help with this matter. We look forward to working with City staff in the future to find available opportunities with respect to working hours during our project's Absolute Work Windows (AWW) occurrences where normal train activities are suspended for a weekend to give all contractors the opportunity to advance major work. Should you have any questions, please do not hesitate to contact me at your convenience. I can be reached at 619-595-5315. Sincerely, David Cortez Director of Engineering and Construction San Diego Association of Governments