HomeMy WebLinkAboutSan Diego Association of Government - SANDAG MOU; 2016-01-01; |5004772| 5004773|AMENDMENT NO. 2
AGREEMENT NO. 5004772
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND CITY OF CARLSBAD
AND
AGREEMENT NO. 5004773
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND CALIFORNIA COASTAL COMMISSION
I. Under the Agreements between the San Diego Association of Governments (“SANDAG”)
and the City Carlsbad and SANDAG and the California Coastal Commission, effective dates
January 1, 2016, the parties have entered into a pilot program with the goal of enhancing
the coordination process and improving and shortening the review period on Carlsbad
projects that fall within the Coastal Commission jurisdiction. All of the terms of said
Agreements are incorporated herein by reference.
II. The contracts are amended in accordance with the details below.
A. Expiration Date
The termination date of the agreements remain June 30, 2018.
B. Scope of Work
The parties agree that the list of Carlsbad projects shown in Exhibit A-1, FY 2015-
2016 Coordinated Work Plan, of the Agreements, shall be amended and
replaced in its entirety with Exhibit A-2, FY 2016-2017, Coordinated Work Plan,
attached.
C. Maximum Amount
There is no change to the maximum amount of the agreements.
III. Parties shall remain bound to the terms of the Agreement. This Amendment shall supersede
previous Coordinated Work Plan lists. Nothing in this Amendment No. 2 relieves parties of
their obligation to perform as required by the Agreement or prior amendments unless
expressly stated herein. All other provisions of said Agreement or prior amendments, not
amended herein, shall remain in full force and effect.
The persons below assert that they are in agreement with the amended CWP shown in Amendment No. 2 and
have executed it retroactively as of this nth day of July, 2016.
SAN DIEGO ASSOCIATION OF GOVERNMENTS
Service Bureau Manager
Exhibits:
Exhibit A-2, FY2o16-2017, Coordinated Work Plan
CONCURRENCE WITH PARTICIPATING AGENCIES
CITY OF CARLSBAD
GLEN VAN PESKI
Community & Economic Development Director
CALIFORNIA COASTAL COMMISSION
SHERILYN SARB .
Deputy Director
Rev 10/10/2014
The persons below assert that they are in agreement with the amended CWP shown in Amendment No. 2 and
have executed it retroactively as ofthis nth day of July1 20~6.
SAN DIEGO ASSOCIATION OF GOVERNMENTS
CHERYL MASON
Service Bureau Manager
Exhibits:
Exhibit A-21 FY2o~6-20~71 Coordinated Work Plan
CONCURRENCE WITH PARTICIPATING AGENCIES
CITY OF CARLSBAD
GLEN VAN PESKI
Community & Economic Development Director
CALIFORNI~ COASTAL COMMISSION SHP~#
Deputy Director
COASTAL COMMISSION - CARLSBADEXHIBIT A-2PLANNING PROJECTS INVOLVING COASTAL COMMISSION FY 2016-2017 COORDINATED WORK PLAN12 3 4 5 6 7 8 9 10Priority OrderProject Name/LCP Amendment NameProject Type Project DescriptionPRIMARY SERVICE from Coastal Commission on this ProjectBegin Coordination(Early Review and Feedback)with Coastal Commission StaffTarget LCPA Submittal Date Work Completed by June 30, 2017Timeframe for Coastal Commission Action on LCPA Historic Timeframe for Coastal Commission Action on LCPA Additional Information1Westin Hotel and Timeshare Lot 9LCPAOne 71-room, four story, 81,200 sq.ft. hotel building; and, one 20-plus-16-lock-off timeshare units, three story, 62,680 sq.ft. building over a 40-space underground garage on a 3.66 acre property @ Lot 9 City Golf Course. Relates to development agreement performance conditionsProcess LCPA N/ASubmitted on March 18, 2016. Complete filing June 15, 2016.All processing completed 5 months 12 monthsCoastal staff targeting a commission hearing for July 2016.2Proposition D ImplementationLCPAApproval of implementing ordinance to Proposition D- Cannon Rd Agriculture and Open Space Lands. Necessary to fully implement voter-approved land-use changeOn-going coordination (e.g., monthly mtgs); process LCPAJul 2014 Jan 2017 Amendment and Staff Report finalized 4 months 12 monthsArea spans Agua Hedionda and Mello II segments. Will process Mello II portion first; AH portion deferred to comprehensive LCP update; CCC provided final direction in Fiscal Year 2015/2016.3AVillage and Barrio Master Plan update--Parking StudyLCPA Village, Barrio, and Beach Area Parking Study. Early review and feedback prior to local action or CCC submittal, process LCPAFeb 2016 N/AReview draft scope of work including study area; provide input. Review project at key stages; provide input.Review & comment on draft products within 3 weeksN/AResults and strategies of parking study will be incorporated into Carlsbad Village Master Plan3BVillage and Barrio Master Plan updateLCPAComprehensive update to Village Master Plan and LCP segment; include Barrio neighborhood into planning boundariesEarly review and feedback prior to lcoal action or CCC submittal, process LCPANov 2015 N/AReview draft plan and provide comments. Begin processing of LCPA6 months 12 months Will include Barrio neighborhood in updated document4AComprehensive LCP LUP/IP Update--Part A Sea Level Rise AnalysisLCPAComprehensive update to LCP, including all segments and deferred certification areasOn-going coordination (e.g., monthly mtgs); Review draft sections; process LCPAMarch 2016 N/AA. Sea Level Rise Analysis - Coordination with city staff and consultants; Review and comment on Risk Assessment, measures and strategies.Review & comment on draft products within 3 weeksN/A 4BComprehensive LCP LUP/IP Update--Part B Local Coastal Program UpdateLCPAComprehensive update to LCP, including all segments and deferred certification areasOn-going coordination (e.g., monthly mtgs); Review draft sections; process LCPAMarch 2016 N/AB. Local Coastal Program Update - Review and comment on annotated LCP Land Use Plan Outline; Review and comments on draft Land Use Plan6 months 12 monthsRestructuring of LCP document by consolidating all segments (except Village/Barrio); obtain permit authority for deferred cert. areas; incorporate sea-level rise adaptation policies and measures 4CComprehensive LCP LUP/IP Update--Part C Implementation PlanLCPAComprehensive update to LCP, including all segments and deferred certification areasOn-going coordination (e.g., monthly mtgs); Review draft sections; process LCPAMarch 2016 N/AC. Implementation Plan (Zoning Ord.) Update - Review and comment on summary of issues, proposed framework organization, and the administrative Draft Implementation Plan6 months 12 monthsRestructuring of LCP document by consolidating all segments (except Village/Barrio); obtain permit authority for deferred cert. areas; incorporate sea-level rise adaptation policies and measures 5 Marja Acres LCPAAmendment to address issues identified during review of the General Plan Update LCPA and a proposal by the applicant.Early review and feedback prior to local action; process LCPAJune 2016 January 2017Review draft proposals and provide feedback.4 months 12 monthsCity Council approved land use designation and zoning changes on Sept. 22, 2015. City originally submitted as part of LCP-6-CAR-15-0034-2 General Plan Update. On April 13, 2016 Commission staff recommended that the City remove these changes from the LCPA for further review of the proposed changes.Revised 7-21-16Effective Date 7-11-16
COASTAL COMMISSION - CARLSBADEXHIBIT A-2PLANNING PROJECTS INVOLVING COASTAL COMMISSION FY 2016-2017 COORDINATED WORK PLAN12 3 4 5 6 7 8 9 10Priority OrderProject Name/LCP Amendment NameProject Type Project DescriptionPRIMARY SERVICE from Coastal Commission on this ProjectBegin Coordination(Early Review and Feedback)with Coastal Commission StaffTarget LCPA Submittal Date Work Completed by June 30, 2017Timeframe for Coastal Commission Action on LCPA Historic Timeframe for Coastal Commission Action on LCPA Additional Information6Carlsbad Blvd Corridor ProjectCDPPhased program to improve Carlsbad Blvd throughout coastal corridor to expand biking and walking paths, public gathering places, and other coastal improvements, and create a safer, quieter roadway.Early review and feedback prior to local action or CCC submittalDec 2015 N/AOngoing communication as needed. Review projects at key stages; provide input.Review & comment on draft products within 3 weeksN/A 7 Poinsettia 61 LCPAConstruction of the missing link of Poinsettia Lane, a major arterial road in between Cassia Road to the north and Skimmer Court and Oriole Court to south, in conjunction with the construction of 140 detached single-family condominiums on a 60.1-acre site. Early review and feedback prior to Council action or CCC submittalJul 2015 March 2017Provide early feedback on proposal and technical studies4 months 12 months Environmental issues to be resolved. Revised 7-21-16Effective Date 7-11-16
Rev 10/10/2014
AMENDMENT NO. 1
AGREEMENT NO. 5004772
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND CITY OF CARLSBAD
AND
AGREEMENT NO. 5004773
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND CALIFORNIA COASTAL COMMISSION
I. Under the Agreements between the San Diego Association of Governments (“SANDAG”)
and the City Carlsbad and SANDAG and the California Coastal Commission, effective dates
January 1, 2016, the parties have entered into a pilot program with the goal of enhancing
the coordination process and improving and shortening the review period on Carlsbad
projects that fall within the Coastal Commission jurisdiction. All of the terms of said
Agreements are incorporated herein by reference.
II. The contracts are amended in accordance with the details below.
A. Expiration Date
The termination date of the agreements remain June 30, 2018.
B. Scope of Work
The parties agree that the list of Carlsbad projects shown in Exhibit A, FY 2015-
2016 Coordinated Work Plan, of the Agreements, needs to be amended and
replaced in its entirety with Exhibit A-1, FY 2015-2016, Coordinated Work Plan,
attached.
C. Maximum Amount
There is no change to the maximum amount of the agreements.
III. Parties shall remain bound to the terms of the Agreement. This Amendment shall supersede
previous Coordinated Work Plan lists. Nothing in this Amendment No. 1 relieves parties of
their obligation to perform as required by the Agreement or prior amendments unless
expressly stated herein. All other provisions of said Agreement or prior amendments, not
amended herein, shall remain in full force and effect.
COASTAL COMMISSION - CARLSBADEXHIBIT A-1PLANNING PROJECTS INVOLVING COASTAL COMMISSIONFY 2015-2016 COORDINATED WORK PLAN12 3 456789 10Priority OrderProject Name/LCP Amendment Name Project Type Project DescriptionPRIMARY SERVICE from Coastal Commission on this ProjectBegin Coordination(Early Review and Feedback)with Coastal Commission StaffComplete LCPA Filed Work Completed by June 30, 2016Timeframe for Coastal Commission Action on LCPA Historic Timeframe for Coastal Commission Action on LCPA Additional Information1 Proposition D Implementation LCPAApproval of implementing ordinance to Proposition D - Canon Rd Agriculture and Open Space Lands. Necessary to fully implement voter-approved land-use changeOn-going coordination (e.g., monthly mtgs); process LCPAJul 2015 March 2016 Amendment and Staff Report finalized July 2016 March 2017 Area spans Agua Hedionda and Mello II segments. Will process Mello II portion first; AH portion deferred, possibly to time with comprehensive LCP update2Comprehensive LCP Map and minor text amendmentsLCPALCP land use and zoning map and minor text amendments to implement comprehensive General Plan update - includes Housing Element. Land use changes in coastal zone required for Housing Element complianceReview by CCC after submittal; process LCPANov 2015 Nov 2015 All processing completed March 2016 Nov 2016 City Council approved on Sept. 22, 20153Village and Barrio Master Plan updateLCPAComprehensive update to Village Master Plan and LCP segment; include Barrio neighborhood into planning boundariesEarly review and feedback prior to lcoal action or CCC submittal, process LCPANov 2015 March 2016 Review draft plan and provide comments. Begin processing of LCPADec 2016 March 2017 Will include Barrio neighborhood in updated document4Comprehensive LCP LUP/IP UpdateLCPAComprehensive update to LCP, including all segments and deferred certification areasOn-going coordination (e.g., monthly mtgs); Review draft sections; process LCPANov 2015 April 2017 A. Sea Level Rise Analysis - Coordination with city staff and consultants; Review and comment on Risk Assessment, measures and strategies;B. Local Coastal Program Update - Review and comment on annotated LCP Land Use Plan Outline; Review and comments on draft Land Use PlanC. Implementation Plan (Zoning Ord.) Update - Review and comment on summary of issues, proposed framework organization, and the administrative Draft Implementation PlanNov 2017 April 2018 Restructuring of LCP document by consolidating all segments (except Village/Barrio); obtain permit authority for deferred cert. areas; incorporate sea-level rise adaptation policies and measures 5 Carlsbad Blvd Corridor Project CDPPhased program to reconfigure Carlsbad Blvd throughout coastal corridor to expand biking and walking paths, create a linear park, public gathering places, and other coastal improvements, and create a safer, quieter roadwayEarly review and feedback prior to local action or CCC submittalDec 2015 7Westin Hotel and Timeshare Lot 9LCPAOne 71-room, four story, 81,200 sq.ft. hotel building; and, one 36-plus-16-lock-off timeshare units, three story,62,680 sq.ft. building over a 40-space underground garage on a 3.66 acre property @ Lot 9 City Golf Course. Relates to development agreement performance conditionsProcess LCPA N/A Dec 2015 All processing completed May 2016 Dec 2016 8 Poinsettia 61 LCPAConstruction of the missing link of Poinsettia Lane, a major arterial road in between Cassia Road to the north and Skimmer Court and Oriole Court to south, in conjunction with the construction of 140 detached single-family condominiums on a 60.1-acre site. Early review and feedback prior to Council action or CCC submittalNov 2015 June 2016 Provide early feedback on proposal and technical studiesOct 2016 June 2017 Potential for ESHA impacts, neighborhood controversyAmendment 1 Note: City of Carlsbad requested Project 6, Agua Hedionda South Shore Specific Plan Initiative Measure, be deleted from the Consolidated Work Plan, effective March 31, 2016.
EXHIBIT 3
MEMORANDUM OF UNDERSTANDING
BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND CALIFORNIA COASTAL COMMISSION
REGARDING REVIEW OF CITY OF CARLSBAD PROJECTS
SANDAG CONTRACT NO. 5004773
This Memorandum of Understanding ("MOU") is made and entered into effective as of this 1st day of
January 2016, by and between the San Diego Association of Governments ("SANDAG"), through its Service
Bureau, which is a division of SANDAG, and the California Coastal Commission ("COMMISSION")(collectively
"Parties").
RECITALS
The following recitals are a substantive part of this MOU:
WHEREAS, SANDAG is a regional government agency with member agencies from various coastal land
use authorities in San Diego County including, the City of Carlsbad ("CARLSBAD"); and
WHEREAS, COMMISSION is a state agency with the responsibility for implementing the California
Coastal Act of 1976 governing land use planning for local government entities within the coastal zone; and
WHEREAS, the COMMISSION and other various land use authorities within the County of San Diego
recognize that the COMMISSION's current staffing level is insufficient to adequately review and take action on all
projects under its jurisdiction in a timely manner; and
WHEREAS, CARLSBAD has agreed to enter into a pilot program with the COMMISSION with the goal of
enhancing the coordination process and improving and shortening the review period of projects, including but not
limited to, Coastal Development Permits, Local Coastal Plan (LCP) updates and amendments, environmental
reviews, and other guidance and approvals from the COMMISSION on projects, both public and private, within its
jurisdictions ("CARLSBAD projects"); and
WHEREAS, CARLSBAD has simultaneously entered into an agreement with SANDAG, known as Service
Bureau Agreement, so that SANDAG can help facilitate the process and assist it in coordinating a work plan for
CARLSBAD projects with the COMMISSION; and
WHEREAS, additional SANDAG member agencies may wish to join the Service Bureau Agreement at a
later date; and
WHEREAS, the COMMISSION is willing to provide timely review for CARLSBAD projects pursuant to a
Coordinated Work Plan (CWP) that is prepared on an annual basis; and
WHEREAS, SANDAG and COMMISSION understand and agree that without supplemental funding, the
COMMISSION lacks sufficient staff to provide enhanced services on CARLSBAD projects due to COMMISSION's
current workload; and
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WHEREAS, through the Service Bureau Agreement, CARLSBAD has agreed to provide funding to enable
the COMMISSION to hire the equivalent of one Coastal Analyst II position ("COMMISSION Employee") at a
blended rate to reflect the participation of one or more Commission staff members in the San Diego Coastal
office, allowing the COMMISSION to expand its resource capacity and provide enhanced services on CARLSBAD
projects in the CWP; and
WHEREAS, the term COMMISSION Employee shall be defined as one or more employees in the
COMMISSION San Diego Coastal Office who are assigned to work on a Carlsbad project who have the appropriate
skill level, knowledge, and experience such that the work by the assigned COMMISSION Employee will match the
complexity of the CARLSBAD project and be performed in accordance with an agreed upon schedule; and
WHEREAS, by CARLSBAD funding a position at the COMMISSION, CARLSBAD will receive timely review
of CARLSBAD projects in accordance with the CWP that will enable CARLSBAD to better predict the schedules
and costs associated with implementing its projects; and
WHEREAS, the Parties believe that this MOU, the Service Bureau Agreement, and the additional funding
provided will allow COMMISSION to provide enhanced services to CARLSBAD, beyond what COMMISSION's
existing financial resources permit, and is intended to be of benefit to both the COMMISSION and CARLSBAD.
Nothing in this MOU alters, diminishes, or enhances in any way the statutory authority of SANDAG or
COMMISSION; and
WHEREAS, the Parties wish to memorialize their agreement in this MOU to carry out the purposes set
forth above;
NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties agree as follows:
1. The Parties agree that work performed under the MOU by the COMMISSION Employee shall be under the
direction of the COMMISSION.
2. The work performed on behalf of CARLSBAD is described in FY 2015-2016 CWP, attached as Exhibit A.
SANDAG will coordinate with COMMISSION and CARLSBAD to develop an updated CWP by May 30 each
year. SANDAG's Principal Contact, identified in Section 12 of this MOU, is hereby delegated authority by
SANDAG's Executive Director to execute amendments that solely concern the CWP and do not affect the
duration, amount, or other terms of this MOU.
3. The term of the agreement is January 3., 2016 through June 30, 2018. SANDAG shall pay the COMMISSION
a total of $399,990 for COMMISSION Employee at a blended rate equal to a Coastal Analyst ll and staff
with comparable experience to perform the services on behalf of CARLSBAD over the contract period of
January 1, 2016 through June 30, 2018. Payments to COMMISSION will be made on a fiscal year (FY,
defined as July through June) basis and shall cover COMMISSION's costs of salary, benefits, travel,
operating costs, supervision, overhead, and worker's compensation, as described in Budget, attached as
Exhibit B.
4. For the first FY, SANDAG shall pay COMMISSION $79,998" for costs of COMMISSION EMPLOYEE during
the January 1 —June 30, 2016 time period. Thereafter, SANDAG shall pay COMMISSION a total of $159,996
each fiscal year for the services of a COMMISSION Employee, pursuant to Payment Schedule, attached as
Exhibit C.
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5. In the Service Bureau Agreement, CARLSBAD has made a multi-year commitment to provide a total of
$399,990 for the cost of the COMMISSION Employee beginning on January 1, 2016 and terminating on
June 30, 2018. SANDAG will invoice CARLSBAD two times a year for reimbursement of the cost of the
COMMISSION Employee.
6. The COMMISSION agrees that funds from this MOU will be used solely to pay for COMMISSION's costs to
employ a sufficiently qualified, experienced and available COMMISSION Employee.
7. The COMMISSION agrees to:
a. Coordinate with federal, state, and local agencies as appropriate to review and analyze projects
that are prioritized in the CWP., work with CARLSBAD to identify issues that need resolution,
and incorporate those resolutions into documents as needed; provide environmental and
technical assistance, procedural guidance, project reviews and analyses, and other services
within the COMMISSION's purview in a timely manner based on the time allotted in the CWP.
b. Perform work on CARLSBAD's projects in accordance with all applicable federal and state laws.
c. Assess progress on tasks identified in the CWP at City/Commission monthly coordination
meetings.
d. Provide an annual report to SANDAG of the projects worked on including progress made toward
key milestones or deliverables for each project, and provide relevant documentation of such
work performance consistent with the CWP by June 30 of each year.
e. Notify SANDAG whenever COMMISSION staffing of Coastal Analyst II or higher is reduced,
voluntarily or involuntarily. COMMISSION and SANDAG shall meet and confer to determine
whether reduction in staffing will affect COMMISSION'S ability to meet the agreed deadlines in
the CWP and develop plan of action if needed.
8. At all times during the term of this MOU and for three (3) years following its termination, SANDAG or any
designated representatives shall have access to the records of the COMMISSION that are subject to the
Public Records Act and related to work performed under this MOU, excluding those records under the Act's
exemptions, and the COMMISSION shall make such records available for inspection, audit, and copying by
SANDAG or any designated representative, including, but not limited to CARLSBAD.
9. The COMMISSION shall perform the work contemplated in this MOU with resources available within its
own organization and no portion of the work shall be subcontracted.
10. Neither SANDAG, CARLSBAD, nor any employee or officer thereof, is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by COMMISSION under or in
connection with any work, authority or jurisdiction delegated to COMMISSION under this MOU. It is
understood and agreed that, pursuant to Government Code Section 895.4, COMMISSION shall fully
defend, indemnify and save harmless SANDAG, CARLSBAD, and all officers and employees from all claims,
suits or actions of every name, kind and description brought by reason of anything done or omitted to be
done by COMMISSION under or in connection with any work, authority or jurisdiction delegated to
COMMISSION under this MOU. Neither COMMISSION nor any employee or officer thereof is responsible
for any damage or liability occurring by reason of anything done or omitted to be done by SANDAG or
CARLSBAD under or in connection with any work, authority or jurisdiction delegated to SANDAG or
3
CARLSBAD under this MOU. It is understood and agreed that, pursuant to Government Code Section
895.4, SANDAG shall fully defend, indemnify and save harmless COMMISSION, all officers and employees
from all claims, suits or actions of every name, kind and description brought by reason of anything done or
omitted to be done by SANDAG or CARLSBAD under or in connection with any work, authority or
jurisdiction delegated to SANDAG or CARLSBAD under this MOU. The indemnification provisions of this
MOU shall survive termination of the MOU.
11. All obligations of SANDAG under the terms of this MOU are subject to the appropriation of the required
resources from CARLSBAD and the approval of the SANDAG Board of Directors. All obligations of
COMMISSION under the terms of this MOU are subject to the appropriation of the required resources from
the state of California.
12. Any notice required or permitted under this MOU may be personally served on the other party, by the party
giving notice, or may be served by certified mail, return receipt requested, to the following addresses:
For SANDAG:
SANDAG
401 B Street, Suite 800
San Diego, CA 92101
Principal Contact: Cheryl Mason
(619) 699-1900
Cheryl.Masonsandag.org
For COMMISSION:
California Coastal Commission
45 Fremont Street, Suite 2000
San Francisco, CA 94105
Principal Contact: Susan Hansch
(415) 904-5244
shansch@coastal.ca.gov
13. That unless it is amended by the parties in writing, this MOU shall terminate on June 30, 2018 or on such
earlier date as the parties may agree to in writing. SANDAG shall provide notice to COMMISSION if
CARLSBAD terminates the Service Bureau Agreement. Termination of the Service Bureau Agreement shall
be cause for termination of this MOU. This MOU shall be interpreted in accordance with the laws of the
State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be
brought in a state or federal court situated in the County of San Diego, State of California.
14. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and
each of their respective executors, administrators, successors, and assigns.
15. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents
of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over
their personnel, agents, consultants, and operations.
No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the
parties hereto, and no oral understanding or agreement not referenced herein shall be binding on any of
the parties hereto.
17. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties
to this MOU, other than CARLSBAD, or affect the legal liability of the parties to this MOU.
18. Should any provision of this MOU be found invalid or unenforceable, the decision shall affect only the
provision interpreted, and all remaining provisions shall be severable and enforceable.
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16. No alteration or variation of the terms of this MOU shall be valid unless made in writing and
signed by the parties hereto, and no oral understanding or agreement not referenced herein
shall be binding on any of the parties hereto.
17,. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights
in third parties to this MOU, other than CARLSBAD, or affect the legal liability of the parties
to this MOU.
18, Should any provision of this MOU be found invalid or unenforceable, the decision shall affect
only the provision interpreted, and all remaining provisions shall be severable and
enforceable.
19. This MOU may be executed in any number of identical counterparts, each of which shall be
deemed to be an original, and all of which together shall be deemed to be one and the same
instrument when each party has signed one such counterpart.
IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and
year first above written.
SAN DIEGO ASSOCIATION OF GOVERNMENTS: CALIFORNIA COASTAL COMMISSION:
GARY L GALLEGOS CHARLES LEsTeR
Executive Director ExecutP.re iirectzr
APPROVED AS TO FORM APPROVED AS TO FORM -
(Mice of Gorier ,Lutznilei
5
EXHIBIT A
FY 2015-2016 COORDINATED WORK PLAN
[insert]
6
COASTAL COMMISSION - CARLSBAD EXHIBIT A
PLANNING PROJECTS INVOLVING COASTAL COMMISSION FY 2015-2016 COORDINATED WORK PLAN
1 2 3 4 5 6 7 8 9 10
Priority
Order
Project Name/
LCP Amendment Name Project Type Project Description
PRIMARY SERVICE from
Coastal Commission on this
Project
Begin Coordination
(Early Review and
Feedback)
with Coastal
Commission Staff
Complete LCPA
Filed Work Completed by June 30, 2016
Timeframe for
Coastal
Commission
Action on LCPA
Historic Timeframe
for Coastal
Commission
Action on LCPA Additional Information
Proposition D Implementation LCPA
Approval of implementing ordinance to Proposition D -
Canon Rd Agriculture and Open Space Lands
Necessary to fully implement voter-approved land-use
change
On-going coordination (e.g.,
monthly mtgs); process LCPA
Jul 2015 March 2016 Amendment and Staff Report finalized July 2016 March 2017 Area spans Agua Hedionda and Mello II segments. Will
process Mello II portion first; AH portion deferred,
possibly to time with comprehensive LCP update
2 Comprehensive LCP Map and
minor text amendments LCPA
LCP land use and zoning map and minor text
amendments to implement comprehensive General
Plan update - includes Housing Element Land use
changes in coastal zone required for Housing Element
compliance
Review by CCC after submittal;
process LCPA
Nov 2015 Nov 2015 All processing completed March 2016 Nov 2016 City Council approved on Sept 22, 2015
3 Village and Barrio Master
Plan update LCPA
Comprehensive update to Village Master Plan and LCP
segment; include Barrio neighborhood into planning
boundaries
Early review and feedback prior
to loinl action or CCC submittal,
process LCPA
Nov 2015 March 2016 Review draft plan and provide comments.
Begin processing of LCPA
Dec 2016 March 2017 Will include Barrio neighborhood in updated document
4 Comprehensive LCP LUP/IP
Update LCPA
Comprehensive update to LCP, including all segments
and deferred certification areas
On-going coordination (e.g.,
monthly mtgs); Review draft
sections; process LCPA
Nov 2015 April 2017 A. Sea Level Rise Analysis - Coordination
with city staff and consultants; Review and
comment on Risk Assessment, measures
and strategies;
B. Local Coastal Program Update -
Review and comment on annotated LCP
Land Use Plan Outline; Review and
comments on draft Land Use Plan
C. Implementation Plan (Zoning Ord.)
Update - Review and comment on
summary of issues, proposed framework
organization, and the administrative Draft
Implementation Plan
Nov 2017 April 2018 Restructuring of LCP document by consolidating all
segments (except Village/Barrio); obtain permit
authority for deferred cert, areas; incorporate sea-level
rise adaptation policies and measures
5 Carlsbad Blvd Corridor
Project
cDp
Phased program to reconfigure Carlsbad Blvd
throughout coastal corridor to expand biking and
walking paths, create a linear park, public gathering
places, and other coastal improvements, and create a
safer, quieter roadway
Early review and feedback prior
to local action or CCC submittal
Dec 2015
6
Ague Hedionda South Shore
Specific Plan Initiative
Measure
LCPA
Commercial development (Caruso Affliated) Process LCPA Nov 2015 Sept 2015 See Additional
Info Column
Submittal deemed incomplete pending the results of
the election.
7 Westin Hotel and Timeshare
Lot 9 LCPA
One 71-room, four story, 81,200 sq.ft. hotel building;
and, one 36-plus-16-lock-off timeshare units, three
story, 62,680 sq.ft. building over a 40-space
underground garage ova 3.66 acre property @ Lot 9
City Golf Course. Relates to development agreement
performance conditions
Process LCPA N/A Dec 2015 All processing completed May 2016 Dec 2016
8 Poinsettia 61 LCPA
Construction of the missing link of Poinsettia Lane, a
major arterial road in between Cassia Road to the north
and Skimmer Court and Oriole Court to south, in
conjunction with the construction 01 140 detached
single-family condominiums ova 60.1-acre site.
Early review and feedback prior
to Council action or CCC
submittal
Nov 2015 June 2016 Provide early feedback on proposal and
technical studies
Oct 2016 June 2017 Potential for ESHA impacts, neighborhood controversy
EXHIBIT B
BUDGET
California Coastal Commission Employee Budget Detail
FY15-16 (second half), FY 16-17, FY 17-18
FYI 5-16 FYI 6-17 FYI 7-18
Personal Services
*Salaries and wages
CPA II (top-range $6048 per mo. x 12 mos.)
*Staff Benefits 46.54% (per State Administrative Manual)
Total Personal Services
Indirect Costs (15% of Total Personal Services)
Operating Expenses
(Includes general expenses, printing, communications,
postage, training, facilities operations, IT)
($32,000 per PY per year; $2667 per PY per month)
Travel
(6 months) (12 months) (12 months)
$36,288 $72,576 $72,576
$16,888 $33,777 $33,777
$53,176 $106,353 $106,353
$7,976 $15,953 $15,953
$16,000 $32,000 $32,000
$5,690 $5,690 $2,845
Total Estimated Costs per Fiscal Year $79,998 $159,996 $159,996
Assumptions:
Coastal Program Analyst (CPA)II: $4829-6048 per month
Source: Pay Scales/Ca/HR
Blended rate based on top rate for Analyst 11 as
higher salaried employees will be working on these
projects a part of blended rate and most experienced
Analyst ll's are at top scale of range.
The actual costs in FY16-17 and FY17-18 may be
increased if salary and benefit increases are included
in enacted budget bills for FY16-17 and FY17-18
Totals may not add due to rounding
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EXHIBIT C
PAYMENT SCHEDULE
SANDAG shall make payments to COMMISSION for the cost of COMMISSION EMPLOYEE at the fixed fee
amounts set forth in this Payment Schedule up to the maximum amount of the Agreement.
Payment Schedule: SANDAG and COMMISSION
Period of Performance
Total FY 2015-16 FY 2016-17 FY 2017-18
Payment Date
Jan. 1, 2016—
June 30, 2016
July 1, 2016—
June 30, 2017
July 1, 2017 —
June 30, 2018
January 15, 2016 $79,998 - -
July 15, 2016 - $79,998 -
January 15, 2017 - $79,998
July 15, 2017 - $79,998
January 15, 2018 - $79,998
SubTotal $79/998 $159,996 $159,996
Grand Total $399,990
SANDAG shall remit payments within ao business days of Payment Date to:
California Coastal Commission
45 Fremont Street, Suite 2000
San Francisco, CA 94105
Attn: Susan Hansch
(41.5) 904-5244
shanschRcoastal.ca.gov
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