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HomeMy WebLinkAboutSANDAG; 2016-01-01; 5004772AMENDMENT 4 TO AGREEMENT NO. 5004772 THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND CITY OF CARLSBAD I. I. Under the Agreement between the San Diego Association of Governments ("SANDAG") and the City of Carlsbad, dated 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's jurisdiction. All terms of the said Agreement are incorporated herein by reference. II. The Agreement is amended in accordance with the details below. A. Expiration Date The parties agree to extend the Agreements from June 30, 2018 to December 31, 2018. B. Scope of Work The parties agree that the list of Carlsbad projects shown in Exhibit A-3, FY 2017-2018 Coordinated Work Plan, of the Agreement, shall be replaced in its entirety with Exhibit A-4, FY 2018-2019 (6 month), Coordinated Work Plan attached. C. Maximum Amount SAN DAG and the City of Carlsbad agree to increase the value of Agreement No. 5004772 by $82,498, with a total maximum amount of $499,988. The original Budget and Payment Schedules shown in Exhibit Band C of the agreement, shall be amended and replaced in its entirety with the revised Budget and Payment Schedules attached hereto. Ill. Parties shall remain bound to the terms of the Agreement. This Amendment shall supersede previous Coordinated Work Plans, Budgets, and Payment Schedules. Nothing in this Amendment No. 4 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 authorized to execute this Amendment Number 4 and have retroactively executed it to have an effective date of July 1, 2018 as of this 2~ day of P.vglA')~ 2018. SAN DIEGO ASSOCIATION OF GOVERNMENTS ~-1 KIM KAWADA Chief Deputy Executive Director CITY OF CARLSBAD Mayor Exhibits: Exhibit A-4-FY 2018 -2019 (6 month) Coordinated Work Plan Exhibit B -Revised Budget Exhibit C -Revised Payment Schedule 2 EXHIBIT A-4 FY 2018-2019 (6 month) Coordinated Work Plan COASTAi. COI.IIISSlra'l -CAR!..5BAD EXHIBITA-C PUNG PROJECTS UNOLw«i COAST.at. C<IOOSSIOK FY 21)18-201916 ootllJ CO(RJINA.TED \'iORK PUN 1 i ! .f 5 e .. e ~ 1(; . ~:~, !liliillc:..dilml llstait ''iuit,IMw..i r__.. Tlllllfraln!lw PRIMlr&VCElm ~ 0lllbl Cad l'liMtt fllil,l:tlllmll ,,.. CCIIIIIICGlllllliai0n• -.c.aa Tqltt.a'A M~bJlladlrll, c:.niailll ec..illia 0rd!r La>....._._.~ 'f'p FllljllitlleaidiM Hsllll3jllt Colllnh!lian M w.llal!W! ill: DS klla•I.UA Jdicll ml.Cl'.A AMIINIWannaiilll ii'ihlf-!ll'dBaniJL\Eler f.crri:~..pke b\'fq l.la5:afbn anl E"atJ re.Rao: lee:tid P.ceLC,Y., ~pcam am ;;rowde &mi,~ inM,d " Iii! ,¢;Jal I L<P.4 LCI' ~ irwle &;m,~w:m!irto pub'oca adiJo €1"0::C ~ll!lta:r.Jl!i ~:r.118 !D'!ffl!.is.; OID':inlle lliinatJ 5l1I b 5111Xil5 i2l!lllms P\ln upm'£ pavuyi:anlm su:aiilii. pa85 L0',4 11'5tffl!isrues. mrunrl ~cod'.m(1.~ RHln.dlrJV i lCPdxun;fi by Cclnpt1lnwLC? ~ .pbb!.CI', J1CidrvJI l!ml.l-'Nill'Cd! Fffll!rml-'tcn ara L1lld ~-&tannffi iCD"s:ii:l~ll.~:lilnp1mi 2P. LIJ'l'lf' 1~, 6 LCP4 ~an:!d!f!r.'!dC!rilbltlcll .rez ~;Mliwlhlff/sbtr Mlln:h ::1!ne 11., Uil! Pim:~~ ~tiU!i OI :I.ft p!XUl::s t~ U-ai:J f:rGft!r&: ~--r.as; irmpcrai. Lini U;e 1'1!11 L\xk,? laresD1~'2;116 ki5al!Sl!<;!rict,S:01!. lli!il14was fsea.eoll!I r~~ piiesiftllll5lill'l!S ~-.elC? ~oocrdr-~. Fl,"W-Wmi :cmreitcat e Rra.. g, IXlllnm O,n,,m,nsii;e~•'llihe~ 3! LI.JllP \Zai·~ Oi:.} LCPA CaT\:W"ft'-bl.Cl', !11Cu:flv-11 mm.~ lri;sj i!Nw :hit Mlln:h:!l1e lfA lirrmui!t i)afr~llmilttal m:hft pr.icuc:s ti\11 ~II". inM."Q al ~al Cffllo: ~ii~ ~ m:!Olfti':ld Ctf!i:z:n WIS 11-ffl: wtihii:·,a:, iial! F\si(Zat,g(td~ ~b l·jETitw.n Plan la r.511'.WJll!.6 l!Sdftis11115~11iftci;su.'t lli!il1A'llltb 11-ii:*'1nas. f'lwed popml:>,m;i=Ga-lbm Bt;d t,aqir;d r.t; re.war;: •:ta Oi'fi(ir>. c:mar.mn urw.el Rr,iN&1:a1111!11' Cwh;.,:11,l!Q:m:r IX'.lltll~ btlpll!d bli-.9 nhaltom. 3 PToj@ct LC'i'.11 p.li\:;ihlrirv:ms. midher•:mi1s pabo:al mt aCOO Jruyl)l:3 I~ P.MWptql'.,1uthy~ ,:ftffl QI :nft p!XUC:S I~ ~ a.:lGM!! asm, ~ trudiray. !ii:nilll il;t.1. lli!il141tib 3 EXHIBIT B REVISED BUDGET California Coastal Commission Employee Budget Detail FY15-16 (second half), FY 16-17, FY 17-18, FY18-19 (first half) 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 Total Estimated Costs per Fiscal Year Assumptions: Coastal Program Analyst (CPA)II: $4829-6048 per month Source: Pay Scales/Ca/HR Blended rate based on top rate for Analyst II as higher salaried employees will be working on these projects a part of blended rate and most experienced Analyst /l's are at top scale of range. *Note: The actual costs in FY16-17-FY18-19 may be increased if salary and benefit increases are included in enacted budget bills for FY16-17-FY18-19 Totals may not add due to rounding 4 FY15-16 (6 months) $36,288 $16,888 $53,176 $7,976 $16,000 $2,845 $79,998 FY16-17 FY17-18 FY18-19 (12 months) (12 months) (6 months) $72,576 $72,576 $36,288 $33,777 $33,777 $16,888 $106,353 $106,353 $53,176 $15,953 $15,953 $7,976 $32,000 $32,000 $16,000 $5,690 $5,690 $2,845 $159,996 $159,996 $79,998 EXHIBIT C REVISED PAYMENT SCHEDULE Payment Schedule Between City of Carlsbad and SANDAG SAN DAG shall invoice CARLSBAD for reimbursement of the cost of a COMMISSION EMPLOYEE at the Coastal Commission (CC) and for the costs of SAN DAG Service Bureau (SB) services in accordance with the following payment schedule. CARLSBAD shall make payments to SAN DAG within 30 days aher the invoice date. Period of Performance FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-2019 Total Invoice Jan. 1, 2016 -July 1, 2016 -July 1, 2017 -July 1, 2018 - Date June 30, 2016 June 30, 2017 June 30, 2018 Dec. 31, 2018 Jan. 31, 2016 CC: $79,998 -- SB: $3,500 Total: $83,498 July 31, 2016 -CC: $79,998 - SB: $3.500 Total: $83,498 Jan. 31, 2017 -CC: $79,998 - SB: $3,500 Total: $83,498 July 31, 2017 --CC: $79,998 SB: $3,500 Total: $83,498 Jan. 31, 2018 --CC: $79,998 SB: $3,500 Total: $83,498 Within 30 --CC: $79,998 days of SB: $2,500 execution of Total: $82,498 agreement Subtotals CC: $79,998 CC: $159,996 CC: $159,996 CC: $79,998 CC: $479,988 SB: $3,500 SB: $7,000 SB: $7,000 SB: $2,500 SB: $20,000 Grand Total $83,498 $166,996 $166,996 $82,498 499,988 5 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 SAN DAG 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. Ill. 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 11th day of July, 2016. SAN DIEGO ASSOCIATION OF GOVERNMENTS Exhibits: Exhibit A-2, FY2016-2017, Coordinated Work Plan CONCURRENCE WITH PARTICIPATING AGENCIES CITY OF CARLSBAD GLEN VAN PESKI Community & Economic Development Director CALIFORNIA COAST AL 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 of this 11th day of July, 2016. SAN DIEGO ASSOCIATION OF GOVERNMENTS CHERYL MASON Service Bureau Manager Exhibits: Exhibit A-2, FY2016-2017, Coordinated Work Plan CONCURRENCE WITH PARTICIPATING AGENCIES CITY OF CARLSBAD GLEN VAN PESKI Community & Economic Development Director CALI FORNI~ COASTAL COMMISSION SHF~# Deputy Director COASTAL COMMISSION. CARLSBAD PLANNING PROJECTS INVOLVING COASTAL COMMISSION 1 2 3 4 5 Begin Coordination (Early Review and PRIMARY SERVICE from Feedback) Priority Project Name/ Project Coa&tal Comml11lon on with Coastal Order LCP Amendment Name Tvoe Project Description this ProJect Commission Staff One 71-room, four story, 81,200 sq.ft. hotel building; and, one 20-plus-16-lock-off timeshare units, three 1 Westin Hotel and LCPA story, 62,680 sq.ft. building over a 40-space Process LCPA NIA Timeshare Lot 9 underground garage on a 3.66 acre property@ Lot 9 City Golf Course. Relates to development agreement performance conditions Approval of implementing ordinance to Proposition D Proposition D -Cannon Rd Agriculture and Open Space Lands. On-going coordination (e.g., 2 Implementation LCPA Necessary to fully implement voter-approved land-monthly mtgs); process LCPA Jul 2014 use change Village and Barrio Master Early review and feedback 3A Plan update--Parking LCPA Village, Barrio, and Beach Area Parking Study. prior to local action or CCC Feb 2016 Study submittal, process LCPA Village and Barrio Master Comprehensive update to Village Master Plan and Early review and feedback 3B Plan update LCPA LCP segment; include Barrio neighborhood into prior to lcoal action or CCC Nov 2015 planning boundaries submittal, process LCPA Comprehensive LCP On-going coordination (e.g., 4A LUP/IP Update--Part A LCJ'A Comprehensive update to LCP, including all monthly mtgs), Review draft March 2016 Sea Level Rise Analysis segments and deferred certification areas sections; process LCPA Comprehensive LCP On-going coordination (e.g., 4B LUP/IP Update--Part B LCPA Comprehensive update to LCP, including all monthly mtgs); Review draft March 2016 Local Coastal Program segments and deferred certification areas Update sections, process LCPA Comprehensive LCP Comprehensive update to LCP, including all On-going coordination (e.g., 4C LUP/IP Update--Part C LCPA segments and deferred certification areas monthly mtgs); Review draft March 2016 Implementation Plan sections; process LCPA Amendment to address issues identified during Early review and feedback 5 Marja Acres LCPA review of the General Plan Update LCPA and a prior to local action; process June 2016 proposal by the applicant. LCPA 6 7 8 Timeframe for Coastal TargetLCPA Commlsalon Submittal Date Work Completed by June 30, 2017 Action on LCPA Submitted on March 18, 2016. Alt processing completed 5 months Complete filing June 15, 2016. Jan 2017 Amendment and Staff Report finalized 4 months Review draft scope of work including Review & NIA study area; provide input. Review project comment on draft at key stages; provide input. products within 3 weeks Review draft plan and provide NIA comments. Begin processing of LCPA 6 months A. Sea Level Rise Analysis - Coordination with city staff and Review & NIA consultants; Review and comment on comment on draft Risk Assessment, measures and products within 3 strategies. weeks B. Local Coastal Program Update - NIA Review and comment on annotated LCP 6 months Land Use Plan Outline; Review and comments on draft Land Use Plan C. Implementation Plan (Zoning Ord.) Update -Review and comment on NIA summary of issues, proposed framework 6 months organization, and the administrative Draft Implementation Plan Review draft proposals and provide January 2017 4 months feedback. EXHIBITA-2 FY 2016-2017 COORDINATED WORK PLAN 9 Historic Tlmeframe for Coastal Commission Action on LCPA 12 months 12 months NIA 12 months NIA 12 months 12 months 12 months 10 Additional Information Coastal staff targeting a commission hearing for July 2016. Area spans Agua Hed1onda and Mello II segments. Will process Mello II portion first; AH portion deferred to comprehensive LCP update; CCC provided final direction in Fiscal Year 201512016 Results and strategies of parking study will be incorporated into Carlsbad Village Master Plan Will include Barrio neighborhood in updated document 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 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 City Council approved land use designation anc 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 7-21-16 Effective Date 7-11-16 COASTAL COMMISSION -CARLSBAD PLANNING PROJECTS INVOLVING COASTAL COMMISSION 1 2 3 4 5 Begin Coordination (Early Review and PRIMARY SERVICE from Feedback) Priority Project Name/ Project Coastal Commlsalon on with Coastal Order LCP Amendment Name Tvoe Project Description this Project Commlaalon Staff Phased program lo improve Carlsbad Blvd Carlsbad Blvd Corridor throughout coastal corridor to expand biking and Early review and feedback 6 CDP walking paths, public gathering places, and other prior to local action or CCC Dec 2015 Project coastal improvements, and create a safer, quieter submittal roadway. Construction of the missing link of Poinsettia Lane, a major arterial road in between Cassia Road to the Early review and feedback 7 Poinsettia 61 LCPA north and Skimmer Court and Oriole Court to south, prior to Council action or CCC Jul 2015 in conjunction with the construction of 140 detached submittal single-family condominiums on a 60.1-acre site. 6 7 8 Tlmaframe for Coastal TargetLCPA Commission Submittal Date Work Completed bv June 30, 2017 Action on LCPA Review & Ongoing communication as needed. comment on draft N/A Review projects at key stages; provide input. products within 3 weeks Provide early feedback on proposal and March 2017 4 months technical studies EXHIBIT A-2 FY 2016-2017 COORDINATED WORK PLAN 9 Historic Tlmeframe for Coastal Commission Action on LCPA N/A 12 months 10 Addltlonal Information Environmental issues lo be resolved. Revised 7-21-16 Effective 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 3456789 10Priority OrderProject Name/LCP Amendment Name Project TypeProject 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 2015Nov 2015 All processing completedMarch 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 2015June 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. AGREEMENT BETWEEN CITY OF CARLSBAD AND SAN DIEGO ASSOCIATION OF GOVERNMENTS REGARDING REVIEW OF CARLSBAD PROJECTS BY THE CALIFORNIA COASTAL COMMISSION SANDAG CONTRACT NO. 5004772 THIS AGREEMENT ("AGREEMENT or alternatively "Service Bureau Agreement") is made and entered into as of the 1st day of January, 2016 by and between the CITY OF CARLSBAD, a chartered municipal corporation, ("CARLSBAD") and the San Diego Association of Governments, a regional public agency ("SANDAG"), through its Service Bureau, which is a division of SANDAG, (collectively "PARTIES"). AGREEMENT RECITALS The following recitals are a substantive part of this AGREEMENT: WHEREAS, SANDAG is a regional government agency with member agencies from various coastal land use authorities in San Diego County including CARLSBAD; and WHEREAS, the California Coastal Commission ("COMMISSION") is responsible for reviewing, approving and providing guidance on projects within its jurisdiction, including but not limited to, Coastal Development Permits, Local Coastal Plan (LCP) updates and amendments, and other environmental reviews.; 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 its projects, including but not limited to Coastal Development Permits, LCP updates and amendments, environmental reviews, and other approvals and guidance from the COMMISSION on projects, both public and private, within its jurisdiction ("CARLSBAD PROJECTS"); and WHEREAS, SANDAG, through a division known as the Service Bureau, desires to assist CARLSBAD and COMMISSION in coordinating a plan to facilitate the review of CARLSBAD PROJECTS through COMMISSION's review process; and WHEREAS, additional SANDAG member agencies may wish to join the AGREEMENT at a later date; and WHEREAS, in furtherance of this AGREEMENT, SANDAG and COMMISSION have simultaneously entered into a Memorandum of Understanding ("MOU") whereby SANDAG can help facilitate the process and assist in coordinating a work plan for CARLSBAD Projects with the COMMISSION, and 1 WHEREAS, under the terms of the MOU, the COMMISSION will provide timely services on CARLSBAD PROJECTS pursuant to a Coordinated Work Plan ("CWP") that is prepared by CARLSBAD on an annual basis; and WHEREAS, SANDAG and CARLSBAD understand and agree that providing timely services on CARLSBAD PROJECTS will increase the workload placed on the COMMISSION staff and the COMMISSION lacks the resources to fund additional positions to meet the increased workload; and WHEREAS, in return for enhanced coordination and review by COMMISSION on CARLSBAD PROJECTS, CARLSBAD has agreed to provide additional funding, equivalent of one Coastal Program Analyst II position ("COMMISSION EMPLOYEE") at a blended rate to reflect the participation of one or more Commission staff in the San Diego Coastal office such that the COMMISSION may dedicate experienced and qualified staff to perform all tasks related to the timely processing of CARLSBAD's PROJECTS; and WHEREAS, CARLSBAD has additionally agreed to pay SANDAG for the services provided by the Service Bureau in implementing the MOU and this Agreement; and WHEREAS, by CARLSBAD funding a position at the COMMISSION, CARLSBAD will receive enhanced services and timely review of projects in accordance with the CWP that will enable CARLSBAD to better predict the schedules and costs associated with implementing its projects and to implement those projects in a timely manner; and WHEREAS, the PARTIES believe that this AGREEMENT and the additional funding it provides will allow COMMISSION to provide improved services to the public, beyond what COMMISSION's existing financial resources permit, and is intended to be of benefit to both the COMMISSION and CARLSBAD. Nothing in this AGREEMENT alters, diminishes or enhances in any way the statutory authority of SANDAG, COMMISSION, or CARLSBAD; and WHEREAS, SANDAG wishes to coordinate this AGREEMENT in the event that other SANDAG member agencies choose to enter into a similar AGREEMENT in the future; and WHEREAS, the PARTIES wish to memorialize their AGREEMENT 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 on CARLSBAD PROJECTS under this AGREEMENT by the COMMISSION EMPLOYEE shall be under the direction of the COMMISSION. All work shall be performed by a COMMISSION EMPLOYEE with a level of training and experience deemed necessary to perform the tasks identified in the CWP. 2. CARLSBAD PROJECTS, shown in FY 2015-2016 CWP, attached as Exhibit A, will be updated annually. By May 30 of each year, SANDAG will present an updated CWP to the COMMISSION that has been agreed to by CARLSBAD and the COMMISSION under the terms of this AGREEMENT and the MOU. SANDAG's Principal Contact, identified in Section 9 of this AGREEMENT is hereby delegated authority by SANDAG's Executive Director to execute 2 amendments that solely concern the CWP and do not affect the duration or other terms of this AGREEMENT. 3. The term of the agreement is January 1, 2016 through June 30, 2018. CARLSBAD shall pay a total of $17,500 for the SANDAG Service Bureau's costs to facilitate and coordinate the agreements, and a total of $399,990 for the cost of the COMMISSION EMPLOYEE. The cost of the COMMISSION EMPLOYEE will be equal to a Coastal Analyst II at a blended rate over a period starting on January 1, 2016 and ending on June 30, 2018. The amount of COMMISSION EMPLOYEE shall include the COMMISSION'S cost of salary, benefits, operating costs, supervision, overhead, travel and worker's compensation, as described in Budget, attached as Exhibit B. 4. Payments will be made on a fiscal year (FY, defined as July through June) basis. Payment for the first FY will reflect costs for the January 1 — June 30, 2016 time period. SANDAG will pay the COMMISSION a total of $79,998 for the cost for COMMISSION EMPLOYEE to perform the services shown in the FY 2015-2016 CWP on behalf of CARLSBAD. 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 in Exhibit C. 5. CARLSBAD will reimburse SANDAG for the costs of the COMMISSION EMPLOYEE and the costs of the SANDAG Service Bureau pursuant to Payment Schedule, attached in Exhibit C. CARLSBAD shall make payments to SANDAG within 30 days of date of invoice. 6. In the MOU, the COMMISSION agrees that funds from this AGREEMENT will be used solely to pay for COMMISSION's costs to employ a sufficiently qualified and experienced COMMISSION EMPLOYEE to perform work on the CWP project or to assist with other projects freeing up other qualified and experienced COMMISSION employees to work on the CWP as needed depending on the subject matter and complexity of the CWP. COMMISSION will have the authority and flexibility to manage its staff to allocate the workload and meet the outcomes. This arrangement will allow the COMMISSION to assign the projects to the most appropriately qualified and experienced employees, not necessarily the COMMISSION EMPLOYEE hired as a result of this AGREEMENT. 7. SANDAG shall work with the COMMISSION in performing the following tasks pursuant to the MOU between SANDAG and the COMMISSION with respect to CARLSBAD PROJECTS: a. Conduct early consultations with CARLSBAD staff concerning proposed or pending projects. b. 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 on an expedited basis. c. Perform work on CARLSBAD PROJECTS in accordance with all applicable federal and state laws. 3 d. By June 30 of year, 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. e. Consult with SANDAG and CARLSBAD in the event it must make a change to the COMMISSION EMPLOYEE it has retained as a result of this AGREEMENT and the COMMISSION will make every effort to immediately retain another person as the COMMISSION EMPLOYEE who is sufficiently qualified and experienced so that CARLSBAD PROJECTS are not delayed and do not suffer negative consequences. f. At all times during the term of this AGREEMENT 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 AGREEMENT, 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. 9. Pursuant to the MOU, the COMMISSION shall perform the work contemplated in this AGREEMENT with resources available within its own organization and no portion of the work shall be subcontracted. 8. Neither SANDAG, 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 CARLSBAD under or in connection with any work, authority or jurisdiction delegated to CARLSBAD under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CARLSBAD shall fully defend, indemnify and save harmless SANDAG 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 CARLSBAD under or in connection with any work, authority or jurisdiction delegated to CARLSBAD under this Agreement. Neither 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 SANDAG under or in connection with any work, authority or jurisdiction delegated to SANDAG under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify and save harmless CARLSBAD, 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 under or in connection with any work, authority or jurisdiction delegated to SANDAG under this Agreement. The indemnification provisions of this Agreement shall survive termination of the Agreement. All obligations of SANDAG under the terms of this AGREEMENT are subject to the appropriation of the required resources from CARLSBAD and the approval of the SANDAG Board of Directors. 9. Any notice required or permitted under this AGREEMENT, including invoices, 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: 4 For SANDAG 401 B Street, Suite 800 San Diego, CA 92101 Principal Contact: Cheryl Mason (619) 699-1900 cheryl.mason@sandag.org For CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 Principal Contact: Don Neu (760) 602-4601 don.neu@carlsbadca.gov 10. That unless it is amended by the PARTIES in writing, this AGREEMENT shall terminate on June 30, 2018 or on such earlier date as the PARTIES may agree to in writing in accordance with the following: CARLSBAD may terminate this AGREEMENT on June 30, 2017 and at the end of every six month period after that first anniversary of this AGREEMENT upon 90 days written notice to SANDAG. SANDAG shall provide immediate notice to COMMISSION if CARLSBAD terminates the AGREEMENT. 11. This AGREEMENT 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 AGREEMENT the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 12. 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. 13. For purposes of this AGREEMENT 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. 14. No alteration or variation of the terms of this AGREEMENT 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. 15. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third PARTIES to this AGREEMENT other than CARLSBAD, or affect the legal liability of the PARTIES to this AGREEMENT. 16. Should any provision of this AGREEMENT be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall be severable and enforceable. 17. This AGREEMENT 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. 5 SAN DIEGO ASSOCIATION OF GOVERNMENTS: GARY L. GALLEGOS Executive Director CITY OF CARLSBAD: -14a/ZW MATT HALL Mayor APPROVED AS TO FORM: APPROVED AS TO FORM: Office of Ge er I Counsel City Attorney IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT effective on the day and year first above written. 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 1 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; All 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 Icoal 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 Agua 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 registrar of voters determination regarding referendum signatures. 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 garageon a 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 of 140 detached single- family condominiums on a 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 FYI 5-16 (second half), FY 16-17, FY 17-18 Personal Services *Salaries and wages FY15-16 FY16-17 FY17-18 (6 months) (12 months) (12 months) CPA II (top-range $6048 per mo. x 12 mos.) $36,288 $72,576 $72,576 *Staff Benefits 46.54% (per State Administrative Manual) $16,888 $33,777 $33,777 Total Personal Services $53,176 $106,353 $106,353 Indirect Costs (15% of Total Personal Services) $7,976 $15,953 $15,953 Operating Expenses (Includes general expenses, printing, communications, postage, training, facilities operations, IT) ($32,000 per PY per year; $2667 per PY per month) $16,000 $32,000 $32,000 Travel $2,845 $5,690 $5,690 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 ll 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. *Note: 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 8 EXHIBIT C PAYMENT SCHEDULE SANDAG shall invoice CARLSBAD for reimbursement of the cost of a COMMISSION EMPLOYEE at the Coastal Commission (CC) and for the costs of SANDAG Service Bureau (SB) services in accordance with the following payment schedule. CARLSBAD shall make payments to SANDAG within 30 days after the invoice date. Payment Schedule CARLSBAD and SANDAG Period of Performance Total FY 2015-16 FY 2016-17 FY 2017-18 Invoice Date Jan. 1, 2016- June 30, 2016 July 1, 2016 - June 30, 2017 July 1, 2017 - June 30, 2018 January 31, 2016 CC: SB: $79,998 $3 500 - - Total: $83,498 July 31, 2016 - CC: SB: $79,998 $3 500 - Total: $83,498 January 31, 2017 CC: SB: $79,998 $3,500 - Total: $83,498 July 31, 2017 CC: SB: $79,998 $3,500 Total: $83,498 January 31, 2018 - - CC: SB: $79,998 $3,500 Total: $83,498 Subtotals CC: SB: $79,998 $3,500 CC: SB: $159,996 $7,000 CC: SB: $159,996 $7,000 CC: SB: $399,990 $17,500 Grand Total $83,498 $166,996 $166,996 $417,490 9 Agreement for Expedited Services with California Coastal Commission Don Neu, City Planner Dec. 15, 2015 Background •Seven month process •Participants: coastal cities, Port District, Regional Airport Authority •Explore program for expedited review •Projects,Local Coastal Plan Updates & Amendments Background •Survey estimated need for five additional Coastal Commission staff persons •Coastal Commission able to accommodate one new staff person Background •Recommended 3-year pilot project •City selected based on number of projects and need for early review and expedited services •Pilot project could be expanded Proposed Agreement •SANDAG Service Bureau coordinating agreement •City to provide funding •Coastal Commission to hire additional staff person •Enhances coordination and shortened review periods Proposed Agreement •Work plan updated annually •30 month term –Jan. 1, 2016 through June 30, 2018 •Earliest date for termination is June 30, 2017 Fiscal Impact •Fiscal Year 2015-16 cost is $83,498 •Covers a six-month period •CED budget has funding in the amount of $172,000 •Cost for a full year is $166,996 •Future funding to be requested during annual budget process Recommendation •Adopt City Council Resolution No. 2015-313, approving an agreement with the San Diego Association of Governments Service Bureau for a pilot program to fund additional staffing at the California Coastal Commission to enhance the coordination process and improve and shorten the review period of projects