HomeMy WebLinkAboutSan Diego Association of Governments / SANDAG; 2007-11-06;Exhibit 2
MEMORANDUM OF UNDERSTANDING BETWEEN
SAN DIEGO ASSOCIATION OF GOVERNMENTS AND
THE CITY OF CARLSBAD REGARDING COST SHARING OF
PRELIMINARY STUDIES FOR THE SANDAG REGIONAL BEACH SAND PROJECT
THIS MEMORANDUM OF UNDERSTANDING (the "MOU") is entered into by and between
the San Diego Association of Governments (SANDAG) and the City of Carlsbad, a municipal corporation
organized and existing under the Constitution and laws of the state of California, based on the following
recitals:
WHEREAS, in 1996, SANDAG adopted the Shoreline Preservation Strategy (Strategy) that
outlines an extensive beach building and maintenance program for the critical shoreline erosion areas in
the region, containing a comprehensive set of recommendations on the beach building program and on
financing and implementation; and
WHEREAS, in 2001, SANDAG successfully implemented a Regional Beach Sand Project
(RBSP) that placed 2.1 million cubic yards of sand on 12 beaches in the San Diego region; and
WHEREAS, in 2004, SANDAG adopted the Regional Comprehensive Plan (RCP), which is a
strategic land use planning framework for the San Diego region through 2030 that supports the continued
implementation of the Strategy, outlining the preservation and enhancement of the region's beaches and
nearshore areas as environmental and recreational resources that must be protected; and
WHEREAS, the San Diego region is committed to implementing the Strategy and RCP; and
WHEREAS, the region's coastal cities, including the cities of Carlsbad, Coronado, Del Mar,
Encinitas, Imperial Beach, Oceanside, San Diego, and Solana Beach, have expressed an interest and
desire to implement another such project on a regional basis, as economies of scale and efficiencies
would likely result in a more productive and successful project; and
WHEREAS, a number of benefits, including recreational, economic, and public safety
enhancements, protection of infrastructure, and increases in habitat, would occur as the result of beach
nourishment; and
WHEREAS, SANDAG has initiated the necessary steps to compete for beach sand
replenishment funds from the California Department of Boating and Waterways through the development
and delivery of a feasibility study (the "Project"); and
WHEREAS, the total estimated beach sand replenishment project cost of approximately $22
million includes an estimated $500,000 in preliminary planning activities for the Project, which is
requested to be paid by the region; and
WHEREAS, the preliminary planning activities include an investigation of offshore sand
sources and preliminary project design for the preparation of a regional beach sand project; and
WHEREAS, the SANDAG Board of Directors decided that the allocation of funds among the
coastal cities be based upon the number of miles of coastline within each city, which is a method used for
the Regional Shoreline Monitoring Program that is currently funded by the coastal cities; and
WHEREAS, SANDAG requires a funding commitment from each coastal city prior to work
beginning on the preliminary planning activities; and
WHEREAS, this MOU is not intended to commit any of the parties to working on any portion of
the beach sand replenishment project beyond the stage of preliminary planning activities; and
WHEREAS, the City of Carlsbad has 6.5 miles of shoreline within San Diego County which is
15 percent of the region's coastline equaling a total contribution of $74,500 (Proportional Share) for
preliminary planning activities necessary for the development of a regional beach sand project;
NOW THEREFORE, the parties understand and agree to the following:
1. The City of Carlsbad has approved an appropriation of $74,500, such amount being its Proportional
Share to SANDAG for the Project, which funds will be paid to SANDAG prior to the Project start
date (anticipated to occur on or about April 1, 2008).
2. The City of Carlsbad's Proportional Share shall be expended by SANDAG solely for preliminary
planning activities in support of the Project, which includes an investigation of offshore sand
sources and preliminary project design for the preparation of a regional beach sand project. Funds
will be kept by SANDAG in an interest-bearing account with interest credited to City of Carlsbad
prorated to reflect its contribution to the Project as compared to each coastal jurisdiction's
contributions, until the completion of the Project. Unused funds will be returned to each City on a
similarly pro-rated basis.
3. SANDAG agrees to retain the original records for at least 5 years from the date of project
completion and make them available to the City of Carlsbad upon request.
4. The City understands that SANDAG would not proceed with the Project without assurances that
each coastal jurisdiction has entered into a memorandum of understanding identical in terms to this
MOU, reflecting approvals of appropriations, the aggregate of which will fund the Project.
5. This MOU may be altered, changed, or amended only by mutual written consent of the parties
hereto.
6. 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.
7. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third
parties to this MOU or affect the legal liability of the parties to this MOU to third parties.
8. This MOU shall be interpreted in accordance with the laws of the State of California.
SAN DIEGO ASSOCIATION OF
GOVERNMENTS
GARY L. GAJtLEGOS,(x fjExecutivet0i rector
CITY OF CARLSBAD a municipal corporation of
the 8tet&€fCaliforQi£
APPROVED AS TO FORM:APPROVED AS TO FORM:
Office onGeneral Counsel Ronald R. Ball
City Attorney
ID