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HomeMy WebLinkAbout2014-05-20; City Council; Resolution 2014-0986 23 24 25 26 RESOLUTION NO. 2014-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ENTERING INTO A RIGHT OF ENTRY PERMIT WITH THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR OPERATION OF THE TAMARACK STATE BEACH UPPER PICNIC FACILITIES AND THE TAMARACK/FRAZEE STATE BEACH COASTAL BLUFF 7 WHEREAS, the State of California Department of Parks and Recreation (State) operates 8 under significant budget constraints that have resulted in a corresponding decline in the Q quantity and quality of services it provides to the public; and 10 WHEREAS, this fact is evident at the Tamarack State Beach Upper Picnic Facilities (Picnic 11 Facilities) and the Tamarack/Frazee State Beach Coastal Bluff (Coastal Bluff); and j3 WHEREAS, the City of Carlsbad (City) has become increasingly concerned about the 14 effects of the State's declining service levels within these properties on the general public, 15 including residents, business owners, and tourists; and 16 WHEREAS, the State's inability to provide basic improvement and routine maintenance 17 services on such high profile properties bears a negative reflection on the City's image; and 18 WHEREAS, members of the public have recently indicated a desire for the City to assume the 2Q basic improvement and routine maintenance services of State-owned beach sites; and 21 WHEREAS, City staff initiated discussions with State staff on the potential for the City to 22 assume such services from the State at the Picnic Facilities and the Coastal Bluff; and WHEREAS, the State submitted a Right of Entry Permit (Permit) - for the Picnic Facilities and the Coastal Bluff - to the City for approval; and WHEREAS, the Permit proposes to grant the City permission to: 1) enter onto the Picnic 27 Facilities solely for the purpose of "...maintaining landscaping, irrigation systems, hardscapes, 28 and dally facility housekeeping tasks for the comfort station (i.e. blockhouse restroom)...", and 2) enter onto the Coastal Bluff solely for the purpose of "...revegetating native coastal bluff 3 habitat, retrofitting/expanding existing irrigation system, and maintaining said vegetation and 4 irrigation system...."; and 5 g WHEREAS, the proposed term of the Permit "...shall only be for the period beginning on 7 5/20/2014, and ending on 5/19/2015, or as may be reasonably extended by written mutual 8 agreement of the Parties"; and 9 WHEREAS, the intent of the Permit is to allow the City a timely, short term means of 10 entering the Picnic Facilities and the Coastal Bluff in order to commence improvement and 11 maintenance services; and 12 13 WHEREAS, presuming successful results are achieved within the initial term of the 14 Permit, the goal of the State and the City would be to execute a long term Operating 15 Agreement forthe continuation ofthe described services at the subject sites NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows that: 16 17 18 19 20 21 22 23 /// 24 /// 25 /// 26 /// 27 28 1. The above recitations are true and correct. 2. This City does hereby approve the Permit with the State for the operation of Tamarack State Beach Upper Picnic Facilities and Tamarack/Frazee State Beach Coastal Bluff. 3. The Mayor is authorized to execute the Permit on behalf of the City of Carlsbad. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 20th day of May 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARp^RA ENGLESOMfoty Clerk .it.