HomeMy WebLinkAbout2007-11-06; City Council; 19216; Regional Beach Sand project MOU with SANDAGCITY OF CARLSBAD - AGENDA BILL^g^7
AB# 19,216
MTG. 11/06/07
DEPT. ENG
EXECUTE A MEMORANDUM OF UNDERSTANDING
WITH SANDAG SUPPORTING A
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DEPT. HEAD "^T^T
CITY ATTY. ffy<^
CITY MGR. I JL>-^
RECOMMENDED ACTION:
Adopt Resolution No. 2007-288 authorizing the Mayor to execute a Memorandum of
Understanding with the San Diego Association of Governments (SANDAG) supporting a Regional
Beach Sand Project and committing to funding preliminary design and studies.
ITEM EXPLANATION:
In July 1993, the San Diego Association of Governments adopted a long-term vision, known as the
"Shoreline Preservation Strategy for the San Diego Region" (Strategy) for restoring the region's
beaches. The Strategy proposes an extensive beach building and maintenance program for the
critical shoreline erosion areas in the region that includes sand nourishment, sand retention
structures, protective structures, and policies and regulations regarding the use of the shoreline and
its development.
The strategy sets out regional objectives, policies, and recommendations for implementing a
coordinated list of solutions for each of the region's shoreline problem areas. To realize these
objectives, coordination among the region's jurisdictions is necessary. This cooperation is particularly
important given events on one part of the coast can affect beaches and coastal bluffs on another part.
The coastal cities and other regional stakeholders have been working through the SANDAG Shoreline
Preservation Working Group (SPWG) providing guidance on regional solutions to coastal erosion
problems. Collaboration has resulted in a preferred approach to a region wide problem, regional
beach replenishment, and has led to more efficient implementation of the Strategy.
Another important issue guiding the Strategy is the long-term and ongoing commitment required to
accomplish the objectives. Stewardship of the shoreline will involve a number of coordinated actions
taking place over years, if not decades. In the summer of 2004, SANDAG adopted the
Regional Comprehensive Plan (RCP) which is the strategic overall planning framework for the
San Diego region through 2030. The RCP 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.
In September 2001, SANDAG completed construction of the Regional Beach Sand Project (RBSP)
which placed 2.1 million cubic yards of clean, beach-quality sand at 12 eroded beaches from
Imperial Beach to Oceanside. The $17.5 million RBSP was a first-of-its-kind regional pilot sand
restoration project for the West Coast of the United States. The main objective of the RBSP was to
place sand on the region's eroded beaches, as well as to demonstrate that cost-effective beach
restoration technology could be successfully implemented in the San Diego region. While many of the
objectives outlined in the Strategy were met, the RBSP did not include a specific determination as to
how these activities would be funded in the future.
Beginning earlier this year, the SANDAG SPWG began the process necessary to fund and implement
the next RBSP - projected to place sand on the region's beaches in 2009. The SPWG began work on
a feasibility study meeting the requirements of the State Department of Boating and Waterways to
allow SANDAG to compete for State Beach Erosion and Public Beach Restoration Program funds.
A component of this feasibility study is the development of a regional cost-benefit analysis which will
quantify the economic benefit of a nourishment project similar in scope to the 2001 RBSP.
FOR CITY CLERKS USE ONLY
COUNCIL ACTION:APPROVED
DENIED
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER-SEE MINUTES D
Page 2
At the July 12, 2007 SANDAG SPWG meeting, the Working Group discussed methodologies to be
used for the allocation of preliminary planning costs among coastal cities. The preliminary planning
efforts would include investigation of the potential as well as viability of offshore sand sources,
preliminary design studies, and the identification of potential environmental impacts. The SPWG
recommended the preliminary planning costs be distributed based on miles of coastline in each
jurisdiction. The following is a breakdown of the allocated costs based on miles of coastline:
CITY
Carlsbad
Coronado
Del Mar
Encinitas
Imperial Beach
Oceanside
San Diego
Solana Beach
TOTAL
COASTLINE
MILES
6.5
3.1
3.0
5.8
2.7
3.6
17.3
1.5
43.5
%OF
COASTLINE
15%
7%
7%
13%
6%
8%
40%
4%
100%
COST BASED ON MILE OF
COASTLINE
$74,500
$35,500
$34,500
$66,500
$31,000
$41,500
$199,000
$17,500
$500,000
Prior to work beginning on the preliminary planning activities, each coastal city would need to provide
a written commitment to fund their prorated portion of the work. The commitment should come in the
form of a Memorandum of Understanding (MOU) between SANDAG and the applicable coastal cities.
Staff recommends the City Council enter into an MOU with SANDAG and commit to provide funds in
the amount of $74,500 for the preliminary planning costs.
Before the City had assurance that SANDAG would pursue the next RBSP, the Carlsbad Beach
Preservation Committee received approval of funds to implement a stand-alone beach nourishment
project benefiting Carlsbad beaches only. On September 12, 2006, the City Council authorized
the Committee to apply for Agricultural Conversion Mitigation Funds for such a project.
The "Carlsbad Beach Nourishment Project" proposed to complete the preliminary engineering,
environmental review documentation, resource agency permit applications, final design,
and the preparation of construction documents. On February 13, 2007, the City Council approved the
Agricultural Conversion Mitigation Fee Ad Hoc Citizens Committee's recommendation to provide
$1,500,000 for the Committee's project.
The Carlsbad component of the next RBSP is similar to and would accomplish the same benefits as
the Carlsbad Beach Nourishment Project. Now that the RBSP's implementation is planned,
staff believes it is appropriate and beneficial to join the region-wide effort rather than continue
to pursue the Carlsbad Beach Nourishment Project as a local project only. Accordingly,
staff recommends that the requested $74,500 for Carlsbad's prorated share of the planning activities
for the next RBSP be funded from the Ag Conversion funds already awarded. This would modify the
Council's February 2007 approval by adding SANDAG as a regional partner to the Agriculture
Conversion Mitigation Fee Program for the Carlsbad Beach Nourishment Project.
ENVIRONMENTAL IMPACT:
SANDAG will be acting as the lead agency for this project. Any subsequent environmental review will
be the responsibility of SANDAG.
The recommended action before the City Council, to execute the MOU, is exempt from the California
Environmental Quality Act based on Public Resources Code Section 21102. This section exempts
the funding of preliminary planning studies for possible future actions that the City has not approved,
adopted, or funded.
Page3
FISCAL IMPACT:
As discussed above, staff is recommending that the requested $74,500 for Carlsbad's prorated share
of the planning activities for the next RBSP be funded from the Ag Conversion funds already awarded
to the Carlsbad Beach Nourishment Project. The amount of funds previously awarded to this project
total $1,500,000 leaving $1,425,500 available for future stages of this project.
EXHIBITS:
onrjT poo
1. Resolution No. " authorizjng the Mayor to execute a Memorandum of
Understanding with the San Diego Association of Governments (SANDAG) supporting a
Regional Beach Sand Project and committing to funding preliminary design and studies
2. Memorandum of Understanding between the City Of Carlsbad and the San Diego Association
of Governments.
DEPARTMENT CONTACT: Steve Jantz, (760) 602-2738, siant@ci.carlsbad.ca.us
3
RESOLUTION NO. 2007-288
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
4 SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG)
SUPPORTING A REGIONAL BEACH SAND PROJECT AND
5 COMMITTING TO FUNDING PRELIMINARY DESIGN AND STUDIES.
6 WHEREAS, the City Council of the City of Carlsbad, California, has determined it
7 necessary and in the public interest to enter into a Memorandum of Understanding with the
8 San Diego Association of Governments (SANDAG) supporting a Regional Beach Sand Project
9 and committing funds for preliminary design and studies; and
10 WHEREAS, in 1996, SANDAG adopted the Shoreline Preservation Strategy (Strategy)
11 that outlines an extensive beach building and maintenance program for the critical shoreline
12 erosion areas in the region, containing a comprehensive set of recommendations on the beach
13 building program and on financing and implementation; and
14 WHEREAS, in 2004, SANDAG adopted the Regional Comprehensive Plan (RCP), which
15 is a strategic land use planning framework for the San Diego region through 2030 that supports
16 the continued implementation of the Strategy, outlining the preservation and enhancement of the
17 region's beaches and nearshore areas as environmental and recreational resources that must be
18 protected; and
19 WHEREAS, the San Diego region is committed to implementing the Strategy and RCP;
20 and
21 WHEREAS, the region's coastal cities, including the cities of Carlsbad, Coronado,
22 Del Mar, Encinitas, Imperial Beach, Oceanside, San Diego, and Solana Beach, have expressed an
23
interest and desire to implement another such project on a regional basis, as economies of scale
24 and efficiencies would likely result in a more productive and successful project; and
25 WHEREAS, a number of benefits, including recreational, economic, and public safety
26 enhancements, protection of infrastructure, and increases in habitat would occur as the result of
27 beach nourishment; and
1 WHEREAS, SANDAG has initiated the necessary steps to compete for beach sand
2 replenishment funds from the California Department of Boating and Waterways through the
3 development and delivery of a feasibility study (the "Project"); and
4 WHEREAS, the total estimated Project cost of approximately $25 million includes an
5 estimated $500,000 in preliminary planning activities, which is requested to be paid by the region;
6 and
7 WHEREAS, the preliminary planning activities include an investigation of offshore sand
8 sources and preliminary project design for the preparation of a regional beach sand project; and
9 WHEREAS, the SANDAG Board of Directors decided that the allocation of funds among
10 the coastal cities be based upon the miles of coastline within each city, which is a method used for
11 the Regional Shoreline Monitoring Program that is currently funded by the coastal cities; and
12 WHEREAS, SANDAG requires a funding commitment from each coastal city prior to
13 work beginning on the preliminary planning activities; and
14 WHEREAS, the City of Carlsbad has 6.5 miles of shoreline within San Diego County
15 which is 15% of the region's coastline equaling a total contribution of $74,500 (Proportional Share)
1R10 for preliminary planning activities necessary for the development of a regional beach sand project;
17 and
18 WHEREAS, on February 13, 2007, the City Council of the City of Carlsbad approved
1Q funding for the Carlsbad Beach Nourishment Project, a stand-alone project of the Carlsbad Beach
on Preservation Committee that would nourish beaches along the Carlsbad coastline through the
21 Agriculture Conversion Mitigation Fee Fund; and
22 WHEREAS, the SANDAG Regional Beach Sand Project, with regards to its Carlsbad
23 component, is similar to and would accomplish the same benefits as the Carlsbad Beach
Nourishment Project; and
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1 WHEREAS, the City Council recognizes SANDAG is the appropriate agency to
2 coordinate the efforts of the coastal cities for the development of a regional beach nourishment
3 project and believes it is appropriate and beneficial to join the region-wide effort and implement the
4 Carlsbad Beach Nourishment Project as part of a regional, rather than local only, project.
5 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad,
6 California as follows:
7 1. That the above recitations are true and correct.
8 2. That the Mayor of the City of Carlsbad California is authorized to execute a
9 Memorandum of Understanding with the San Diego Association of Governments supporting a
10 regional beach sand project and committing to funding preliminary design and studies.
11 3. That the City Council of the City of Carlsbad California approves the addition of
12 SANDAG as a regional partner to the Agriculture Conversion Mitigation Fee Program for the
13 Carlsbad Beach Nourishment Project.
14 4. That the City Council allocates $74,500 from the Agricultural Conversion
15 Mitigation Funds previously approved Carlsbad Beach Nourishment Project to provide Carlsbad's
^ prorated share of the planning activities for the next Regional Beach Sand Project.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 6th day of November, 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
A LEWIS, Mayor
ATTEST:
£>RRAIN
/(SEAL)
WOODjbity Clerk
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