Loading...
HomeMy WebLinkAboutCALIFORNIA DEPARTMENT OF PARKS AND RECREATION; 2011-06-07;Memorandum of Understanding Between City of Carlsbad And California Department of Parks and Recreation For the exchange of certain lands located within the City of Carlsbad This Memorandum of Understanding (MOU) is entered into by and between the City of Carlsbad, California (City) and the State of California, acting by and through the California Department of Parks and Recreation (State Parks). Each may hereinafter be referred to as a Party, or collectively the Parties. I. PURPOSE AND SCOPE The purpose of this non-binding MOU is to delineate the understanding of the Parties as to the role and responsibilities of each with regard to a proposed land exchange in the City of Carlsbad related to relocation of the southbound lanes of Carlsbad Boulevard for the mutual benefit of the Parties (the Project), including the enhancing of recreational, open space and economic opportunities for Carlsbad residents and visitors, as well as the diverse statewide visitors of South Carlsbad State Beach. II. RECITALS: Whereas, there is an opportunity to consolidate and redesign Carlsbad Blvd that includes abandonment of the existing southbound road segment; and Whereas, the abandoned southbound road segment will allow for expanded public open space which could include a new multi-use trail corridor and expansion of opportunities at South Carlsbad State Beach (both overnight and day-use); and Whereas, there is an opportunity to improve traffic circulation at the intersection of Carlsbad Blvd and Palomar Airport Rd by converting the existing overpass configuration to a signalized "T" intersection; and Whereas, the redesign of the Carlsbad Blvd and Palomar Airport Rd intersection will allow redevelopment activity that will enhance the City of Carlsbad, both aesthetically and commercially; and Whereas, the State and the City hold a mosaic of property ownership adjacent to the above-stated roadway improvements; and Whereas, the State and the City share common goals for an aesthetic and effective transportation corridor as well as enhancement of public recreational opportunities; and Whereas, the State and the City agree that there is value to working cooperatively in determining the best configuration of land ownership and in designing the improvements within and adjacent to the transportation corridor. Now therefore, in consideration of the recitals contained above, the City and State Parks agree as follows: III. NON-BINDING AGREEMENT This MOU is intended to clarify the understanding and objectives of the Parties with regard to implementing the above described Project, and the Parties will strive to reach the objectives stated herein, but this MOU shall be non-binding. Neither Party shall have the right to enforce this MOU against the other Party. Any binding obligations related to implementation of the Project shall be entered into through a separate written agreement executed by the Parties. IV. RESPONSIBILITIES Each party will appoint a person(s) to serve as an official contact and coordinate the activities of the two organizations in carrying out this MOU. The initial appointees of each organization are: City of Carlsbad State of California, Parks and Recreation Cynthia Haas Deputy City Manager (Land Exchange)/MOU Conrad "Skip" Hammann Transportation Director (Road Design/Realignment)/Land Exchange Clay Philips Acting District Superintendent San Diego Coast District Brian Ketterer North Sector Superintendent San Diego Coast District The organizations agree to perform the following tasks for this MOU as it relates to the land exchange: 1. CITY OF CARLSBAD a. Develop road and infrastructure design and concept for realignment of Carlsbad Boulevard, including preparation of pertinent environmental documents. b. Determine a preferred alignment for Carlsbad Boulevard. c. Lead Agency for local public outreach related to the realignment of Carlsbad Boulevard. d. Complete a Land Survey to extend along the Carlsbad Boulevard corridor from Cannon Road to the mouth of Batiquitos Lagoon that covers all components of the proposed land exchange, including future state lands. The State retains the right to review and approve the survey before considered "final". e. Identification of a state-licensed Real Estate Appraiser to appraise land identified for the exchange. Appraiser and standards of appraisal shall be jointly selected and mutually agreed upon by the parties. In addition, per specifications of the Department of General Services (DCS), a Phase I environmental site evaluation shall be completed. f. Manage its consultants for the Project. g. Make available all digital base map and aerial files to State Parks for its use. h. Lead for local permitting. i. Pay for State's costs for DOS document review and approval in accordance with a separate equitable cost-sharing agreement to be executed by the Parties. 2. CALIFORNIA DEPARTMENT OF PARKS AND RECREATION: a. Lead Agency for application to remove 6F designation and any associated environmental permitting with extensive technical support from the City. b. If needed, update the State of California's South Carlsbad State Beach General Plan to reflect the proposed exchange of lands and resulting improvement opportunities. c. Lead Agency in requesting any legislative actions required for the transfer of lands, subject to the limits of State Parks' authority. d. Manage its consultants for the Project. e. Make available all digital base map and aerial files to the City for its use. f. Review and approve, through DCS, the Appraisal and Phase I Environmental Site Assessment Documents. 3. BOTH PARTIES agree to collaborate on, and be shall be responsible for: a. Development of Guiding Principles for the Project. b. Development of a Project timeline. c. Coordinating planning and design efforts to ensure that future City/State land uses are compatible. Compatible efforts include (but are not limited to): i. The drainage designs for the new highway corridor and landscaped areas will be managed such that erosion or bluff failure is not exacerbated on state property, ii. Plants selected for future projects on both State and City land will not be invasive, iii. Traffic flows on both State and City lands will create safe and effective transportation through and across all lands, iv. Pedestrian beach access routes from newly developed areas to the beach will be consistent and not interfere, with park facilities and/or park operations. d. Sharing digital imagery and other data that would assist in each other's planning efforts, at no cost. e. Maintaining an accounting for all costs related to the exchange of land and developing a fair and reasonable cost sharing arrangement under a separate agreement to be executed by the Parties. f. Communicating with the public and elected officials about the Project. g. Preparing a Land Exchange Agreement for approval. V. TERM OF THE MEMORANDUM OF UNDERSTANDING The term of this MOU is for the period of time necessary to accomplish the Project, which is anticipated to occur within 3 years from the effective date of this MOU. The MOU shall be reviewed annually to ensure that it is fulfilling its purpose and to make necessary revisions. Either Party may terminate this MOU upon 60 days written notice without penalties or liabilities. This MOU may be amended or modified by the mutual written agreement of the Parties. if if I T r Mayor, City of Carlsbad Ruth Coleman, Director State of California Parks and Recreation Department Date: //Date:I I i Chair, Carlsbad Housing and Redevelopment Agency Date: