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HomeMy WebLinkAbout2009-05-05; City Council; 19786; MOU with SANDAG for beach sand projectCITY OF CARLSBAD - AGENDA BILL 6 A? AB# 19i786 MTG. 5/5/09 DEPT. ENG EXECUTE A MEMORANDUM OF UNDERSTANDING WITH SANDAG PROVIDING FINANCIAL SUPPORT FOR THE NEXT REGIONAL BEACH SAND PROJECT DEPT. HEAD |£"fj CITY ATTY. fy( CITY MGR. \j^ " RECOMMENDED ACTION: Adopt Resolution No. 2009-084 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 engineering design and environmental documents. ITEM EXPLANATION: In July 1993, SANDAG 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 sets out regional objectives, policies, and recommendations for implementing a coordinated list of solutions for each of the region's shoreline problem areas. 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 2001 RBSP was a pilot project that has demonstrated the feasibility of beach replenishment in the San Diego region and confirmed the project's objective of replenishing the region's beaches without negatively impacting the environment. In October 2008, SANDAG began the preliminary planning activities associated with developing the next RBSP, hereinafter referred to as the RBSP II. Recently, SANDAG received funding from the California Department of Boating and Waterways (DBW) for portions of the necessary studies to prepare for the implementation of the RBSP II. The next phases include the preparation of the CEQA/NEPA environmental documents, securing required resource agency permits, and the preparation of the final engineering design plans and construction documents. SANDAG is requesting each coastal city commit to the funding of their pro-rated share supporting the preparation of the necessary documents for the implementation of the RBSP II. The current DBW funding covers approximately 85% of the cost for the next phases of the project. The local coastal cities are being requested to fund a share of the remaining 15% of the project funding. The SANDAG Board of Directors has approved a funding share methodology to be applied to each coastal city based on 60% sand received, 30% for population and 10% for miles of restored beach. Based on this method, Carlsbad's share for the next phase of the RBSP II is $41,936. On September 12, 2006 the City Council authorized the Carlsbad Beach Preservation Committee to apply for Agricultural Conversion Mitigation Fee Program funds for the implementation of a local beach nourishment project. The project proposed to complete the preliminary engineering, environmental review documentation, resource agency permit applications, final design, and the DEPARTMENT CONTACT: Steve Jantz 760-602-2738 sjant@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 preparation of construction documents. On February 13, 2007 the City Council approved the Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee's recommendation to provide $1,500,000 for the beach nourishment project. On November 6, 2007 the City Council approved Resolution No. 2007-288 recognizing SANDAG as the appropriate agency to coordinate the efforts of the coastal cities for the development of a regional beach nourishment project. Further, the City Council believed it was appropriate and beneficial to join the region-wide effort and implement the Carlsbad Beach Nourishment Project as part of a regional, rather than a local only project. To this end, Resolution No. 2007-288 included SANDAG as a partner in the Carlsbad Beach Nourishment Project. Therefore, funding for the next phase of the RBSP II is proposed to be funded through the previously approved Agricultural Conversion Mitigation Fee program. ENVIRONMENTAL IMPACT: SANDAG is 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 (CEQA) based on CEQA Guidelines Section 15262. This section exempts the funding of preliminary studies for possible actions that the City has not approved, adopted, or funded. FISCAL IMPACT: As discussed above, staff is recommending the requested $41,936 for Carlsbad's prorated share of the environmental review, permitting, and final engineering plans and specifications for the RBSP II be funded from the Agricultural Conversion Mitigation Fee Program (ACMFP) already awarded to the Carlsbad Beach Nourishments Project. The City Council previously authorized $74,500 in ACMFP for the preparation of a Feasibility Study. With the recommended $41,936 allocation in ACMFP, a balance of $1,383,564 remains available for future stages of this project. At this time, the cities of San Diego and Del Mar have not committed to the approval of the MOU for the RBSP II. Carlsbad's pro-rated share is based on all six coastal cities participating in the financing of the next phases. If the two cities decide not to participate, the cost sharing amounts for the remaining jurisdictions will need to be revisited. The revised cost sharing arrangements will be considered by the SANDAG Shoreline Preservation Working Group and, if necessary, a revised MOU will be brought back to the City Council for a decision on Carlsbad's participation. EXHIBITS: 1. Resolution No. 2009-084 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 engineering design and environmental documents. 2. Memorandum of Understanding between the City of Carlsbad and the San Diego Association of Governments. 0 1 RESOLUTION NO. 2009-084 2" 3 4 8 9 10 11 12 13 14 5 ENVIRONMENTAL DOCUMENTS. 6 " 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, 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 ENGINEERING DESIGN AND WHEREAS, in 1993 SANDAG adopted the Shoreline Preservation Strategy (Strategy) outlining an extensive beach building and maintenance program for the critical shoreline erosion areas in the region, and proposing a comprehensive set of recommendations for beach building programs including financing and implementation strategies; 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 supporting the continued implementation of the Strategy and recognizing the preservation and enhancement of the region's beaches and near shore areas as environmental and recreational resources that must be protected; and 1fi10 WHEREAS, the San Diego region is committed to implementing the Strategy and RCP; 17 and 18 WHEREAS, a number of benefits, including recreational, economic, public safety, 19 protection of infrastructure, and increases in habitat would occur as the result of beach 20 nourishment; and 21 WHEREAS, the San Diego region implemented the 2001 Regional Beach Sand Project 22 (RBSP) placing approximately 2.1 million cubic yards of beach quality material from offshore sand 23 sources on 12 critically eroded sections of the regions shoreline; and 24 WHEREAS, the region's coastal cities, including the cities of Carlsbad, Coronado, Del 25 Mar, Encinitas, Imperial Beach, Oceanside, San Diego, and Solana Beach have expressed an 26 interest and desire to implement another such project on a regional basis, as economies of scale 27 " 28 J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 and efficiencies would likely result in a more productive and successful project hereinafter referred to the Regional Beach Sand Project II (RBSPII); and WHEREAS, SANDAG has taken the necessary steps to secure funding to support the preparation of the necessary engineering and environmental documents for the next phases of the RBSP II through the California Department of Boating and Waterways; and WHEREAS, the total estimated project cost of approximately $25 million includes an estimated $287,826 in matching funds from the coastal cities in San Diego county for the completion of environmental review, permitting, and final engineering plans and specifications; and WHEREAS, the SANDAG Board of Directors has approved an allocation methodology to fairly apportion the matching funds from the coastal cities; and WHEREAS, SANDAG requires a funding commitment from each coastal city prior to the initiation of work for the environmental review, permitting, and final engineering plans and specifications phases of the project; and WHEREAS, the City of Carlsbad's prorated share of the environmental review, permitting, and final engineering plans and specifications for the RBSP II is $41,936; and WHEREAS, on February 13, 2007, the City Council of the City of Carlsbad approved ' funding for the Carlsbad Beach Nourishment Project, a stand-alone project of the Carlsbad Beach 1R Preservation Committee that would nourish beaches along the Carlsbad coastline through the Agriculture Conversion Mitigation Fee Program fund; and 90 WHEREAS, on November 6, 2007 the City Council of the City of Carlsbad approved 21 Resolution No. 2007-288 recognizing SANDAG as the appropriate agency to coordinate the efforts 22 of the coastal cities for the development of a regional beach nourishment project and believed it 23 was appropriate and beneficial to join the region-wide effort and implement the Carlsbad Beach 24 Nourishment Project as part of a regional, rather that local only project; and 25 WHEREAS, the City Council of the City of Carlsbad finds it is in the best interest of the residents of Carlsbad to join the regional efforts in the implementation of a region-wide beach 27 nourishment effort; and 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary and in the public interest to enter into a Memorandum of Understanding with the San Diego Association of Governments (SANDAG) supporting the RBSP II and committing funds for the preparation of engineering design and environmental documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor of the City of Carlsbad California is authorized to execute a Memorandum of Understanding with the San Diego Association of Governments supporting the Regional Beach Sand Project II and committing to funding the environmental review, permitting, and final engineering plans and specifications efforts. 3. That the City Council commits $41,936 from the Agricultural Conversion Mitigation Fee Program previously approved for the Carlsbad Beach Nourishment Project to provide Carlsbad's prorated share of the environmental review, permitting, and final engineering plans and specifications efforts for the Regional Beach Sand Project II. /// 19 /// 20 /// 21 /// 22 /// 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5th day of May, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. OJDE A LEWIS', Mayor ATTEST: l/ORRATNE M. W£0b, City Clerk (J MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS AND SAN DIEGO REGION'S PARTICIPATING COASTAL JURISDICTIONS REGARDING REGIONAL BEACH SAND REPLENISHMENT PROJECT II This Memorandum of Understanding ("MOD") is made and entered into effective as of this day of , 2009, by and between the San Diego Association of Governments ("SANDAG") and the City of Carlsbad, City of Encinitas, City of Imperial Beach, City of Oceanside, and City of Solana Beach ("Coastal Cities"). RECITALS The following recitals are a substantive part of this Agreement: 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 City of Coronado, City of Del Mar, and City of San Diego, have expressed an interest and desire to implement another such project, the Regional Beach Sand Project II (the "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, in September 2008, SANDAG received a grant for Project funding from the California Department of Boating and Waterways (DBW) for $6.5 million for the first year of Project implementation in the San Diego region; and C-70229 CA/PM (Rev 09/07) WHEREAS, SANDAG expects to receive additional funds for fiscal years 2010 and 2011 in the amount of $6.5 million for each fiscal year for Project implementation; and WHEREAS, the DBW funding requires a 15 percent local match to be paid by the San Diego region tor all DBW funds expended on the Project; and WHEREAS, the Coastal Cities will enter into an MOU reflecting their commitment to provide the 15 percent match; and WHEREAS, the SANDAG Board of Directors approved the allocation of funds among the Coastal C ities for the planning and construction of the Project, which is based upon a methodology that includes weights for three factors; and WHEREAS, the Project methodology to allocate the 15 percent match required by DBW among the Coastal Cities includes 60 percent amount of sand received, 10 percent miles of coastline restored, and 30 percent population; and WHEREAS, SANDAG requires a funding commitment from each Coastal City prior to work commencing on each of the Project tasks; and WHEREAS, the total estimated Project cost of approximately $22.9 million included $500,000 in preliminary planning activities, which has been paid by the Coastal Cities and the City of Coronado, City of Del Mar, and City of San Diego; and WHEREAS, the preliminary planning activities, which began in September 2008, included an investigation of offshore sand sources and preliminary project design for the preparation of the Project; and WHEREAS, this MOU is intended to commit the parties to working on the Project beyond the stage of preliminary planning activities; and WHEREAS, the Coastal Cities agree to pay their proportional share of the Project for the first three project tasks: environmental review, permitting, and final engineering plans and specifications; and WHEREAS, the Project will be implemented based upon the following Guiding Principles approved by the Shoreline Preservation Working Group: • commitment to unified approach for local decisions on sand replenishment, • address local needs and maximize positive regional impacts, • encourage cooperation and coordination, and • promote opportunities for beach sand replenishment; and WHEREAS, the parties wish to memorialize their agreement in this MOU to carry out the purposes set forth above; C-70229 CA/PM (Rev 09/07) AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: SANDAG AGREES: 1. Manage the Project in coordination with the Coastal Cities through the Shoreline Preservation Working Group; and involve the Coastal Cities in the implementation of all phases of the Project. 2. The SANDAG Project Manager will invoice the Coastal Cities a minimum of 30 days prior to the start date of each phase of the Project to ensure timely invoicing. 3. The proportional share provided by each Coastal City shall be expended by SANDAG solely for the Project. Any funds not used will be kept by SANDAG in an interest-bearing account with interest credited to each Coastal City prorated to reflect its contribution to the Project as compared to other Coastal Cities' contributions until the completion of the Project. Unused funds will be returned to each City on a similarly pro-rated basis. 4. Neither Coastal Cities, and each of them, nor any 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 MOD. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify, and save harmless the Coastal Cities, and each of them, and all officers and employees thereof from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) 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 MOD. COASTAL CITIES AGREE: 1. Each has approved their appropriation outlined in the Contribution Schedule below, being its proportional share of the required DBW 15 percent match for the environmental, permitting, and final engineering plans and specifications, which funds will be paid to SANDAG prior to the start date of this phase of the Project. Jurisdictions ifftafibnl ,« ,,)•'"'rTotal Oceanside $13,058 $9,141 $26,118 $48,317 Carlsbad $11,335 $7,934 $22,668 $41,936 Encinitas $12,699 $8,890 $25,399 $46,988 Solana Beach $4,159 $2,911 $8,319 $15,390 Imperial Beach $3,767 $2,637 $7,533 $13,937 Total $90-037^&I66-.568 2. The Coastal Cities understand that SANDAG would not proceed with the Project without the assurances set forth in this MOU, reflecting the Coastal Cities' approvals of their respective appropriations, the aggregate of which will fund the Project. BEST C-70229 CA/PM (Rev 09/07) 3. Each Coastal City shall pay SANDAG amounts invoiced for the Project, up to its respective funding total set forth in the Contribution Schedule, within 30 days of being invoiced by SANDAG. 4. Neither SANDAG nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by one or more of the Coastal Cities under or in connection with any work, authority, or jurisdiction delegated to the Coastal Cities under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, the one or more of the Coastal Cities shall fully defend, indemnify, and save harmless SANDAG, all officers and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by the Coastal Cities under or in connection with any work, authority, or jurisdiction delegated to the Coastal Cities under this MOU. 5. It is understood that the Coastal Cities are not responsible for any damage or liability occurring by reason of anything done or omitted to be done by one or more of the other Coastal Cities under or in connection with any work, authority, or jurisdiction delegated to the Coastal Cities under this MOU. Each Coastal City is responsible for its own city's actions alone. THE PARTIES MUTUALLY AGREE: 1. That all obligations of SANDAG under the terms of this MOU are subject to the appropriation of the required resources by SANDAG, and the Coastal Cities, and the approval of the SANDAG Board of Directors. 2. That the City of Del Mar and the City of San Diego ("Potential Coastal Cities") will not be executing this MOU concurrently with the Coastal Cities. If, however, one or both of the Potential Coastal Cities determine prior to October 1, 2009 that they wish to become parties to this MOU, the Coastal Cities herby agree to allow the Potential Coastal Cities to become parties via an amendment to this MOU. If the governing bodies of one or more of the Potential Coastal Cities authorize such an amendment it shall be executed by the Potential Coastal City and SANDAG without need for further approvals by the Coastal Cities. After such an amendment is executed the Potential Coastal City(ies) shall become a Coastal City as defined in this MOU, subject to he same rights and obligations as stated herein as the rest of the Coastal Cities, and the Contribution Schedule will be updated and provided to all of the parties to the MOU. 3. Should one or both of the Potential Coastal Cities fail to become a party to this MOU by October 1, 2009, SANDAG shall provide an updated Contribution Schedule if SANDAG determines changes are needed. 4. 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 SAN DAG For City of Carlsbad 401 B Street, Suite 800 1635 Faraday Ave San Diego, CA 92101 Carlsbad, CA 92008 Attn: Shelby Tucker Attn: Mr. Glenn Pruim, Public Works Director C-70229 CA/PM (Rev 09/07) 5. That unless it is amended by the parties in writing, this MOD shall terminate on June 30, 2011, or on such earlier or later date as the parties may agree to in writing. Or this MOU shall continue in effect unless and until a party to the MOU gives 60 (sixty) days written notice of its desire to withdraw from the MOU. If such notice is given, the MOU shall continue to be binding on those parties who have not formally withdrawn. 6. The indemnification provisions of this MOU shall survive termination of the MOU. 7. 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. 8. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 9. 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. 10. 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 incorporated herein shall be binding on any of the parties hereto. 11. 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. 12. 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. C-70229 CA/PM (Rev 09/07) IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS APPROVED AS TO FORM: GARY L. GALLEGOS Executive Director Office of General Counsel APPROVED AS TO FORM: RON BALL - City Attorne: layor C-70229 CA/PM (Rev 09/07) MEMORANDUM OF UNDERSTANDING #5001253 BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS AND SAN DIEGO REGION'S PARTICIPATING COASTAL JURISDICTIONS REGARDING REGIONAL BEACH SAND REPLENISHMENT PROJECT II This memorandum of understanding ("MOU") is made and entered into effective as of this 15th day of June 2009, by and between the San Diego Association of Governments ("SANDAG") and the City of Carlsbad, City of Encinitas, City of Imperial Beach, City of Oceanside, and City of Solana Beach ("Coastal Cities"). RECITALS The following recitals are a substantive part of this Agreement: 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, as well as the City of Coronado, City of Del Mar, and City of San Diego, have expressed an interest and desire to implement another such project, the Regional Beach Sand Project II (the "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, in September 2008, SANDAG received a grant for Project funding from the California Department of Boating and Waterways (DBW) for $6.5 million for the first year of Project implementation in the San Diego region; and WHEREAS, SANDAG expects to receive additional funds for fiscal years 2010 and 2011 in the amount of $6.5 million for each fiscal year for Project implementation; and WHEREAS, the DBW funding requires a 15 percent local match to be paid by the San Diego region for all DBW funds expended on the Project; and WHEREAS, the Coastal Cities intend to enter into an MOD reflecting their commitment to provide the 15 percent match; and WHEREAS, the SANDAG Board of Directors approved the allocation of funds among the Coastal Cities for the planning and construction of the Project, which is based upon a methodology that includes weights for three factors; and WHEREAS, the Project methodology to allocate the 15 percent match required by DBW among the Coastal Cities will be based on the formula of 60 percent amount of sand received, 10 percent miles of coastline restored, and 30 percent population; and WHEREAS, SANDAG requires a funding commitment from each Coastal City prior to work commencing on each of the Project tasks; and WHEREAS, the total estimated Project cost of approximately $22.9 million included $500,000 in preliminary planning activities, which has been paid by the Coastal Cities and the City of Coronado, City of Del Mar, and City of San Diego; and WHEREAS, the preliminary planning activities, which began in September 2008, included an investigation of offshore sand sources and preliminary project design for the preparation of the Project; and WHEREAS, this MOD is intended to commit the parties to working on the Project beyond the stage of preliminary planning activities; and WHEREAS, the Coastal Cities agree to pay their proportional share of the Project for the first three project tasks: environmental review, permitting, and final engineering plans and specifications; and WHEREAS, the Project will be implemented based upon the following guiding principles, which are supported by the Shoreline Preservation Working Group: • commitment to unified approach for local decisions on sand replenishment, • address local needs and maximize positive regional impacts, • encourage cooperation and coordination, and • promote opportunities for beach sand replenishment; and WHEREAS, the parties wish to memorialize their agreement in this MOU to carry out the purposes set forth above; AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: SANDAG AGREES: 1. To manage the Project in coordination with the Coastal Cities through the Shoreline Preservation Working Group and involve the Coastal Cities in the implementation of all phases of the Project. 2. The SANDAG project manager will invoice the Coastal Cities a minimum of 30 days prior to the start date of each phase of the Project to ensure prompt payment by all parties. 3. The proportional share provided by each Coastal City shall be expended by SANDAG solely for the Project. Any funds not used will be kept by SANDAG in an interest-bearing account with interest credited to each Coastal City prorated to reflect its contribution to the Project as compared to other Coastal Cities' contributions until the completion of the Project. Unused funds will be returned to each City on a similarly pro-rated basis. 4. Neither the Coastal Cities, and each of them, nor any 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 MOD. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify, and save harmless the Coastal Cities, all officers, and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) 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 MOD. COASTAL CITIES AGREE: 1. Each has approved their appropriation outlined in the chart below, being its proportional share of the required DBW 15 percent match for the environmental, permitting, and final engineering plans and specifications, which funds will be paid to SANDAG prior to the start date of this phase of the Project. Jurisdictions Oceanside Carlsbad Encinitas Solana Beach Imperial Beach Total Environmental Review Match $13,058 $11,335 $12,699 $4,159 $3,767 $45,018 Permitting Match $9,141 $7,934 $8,890 $2,911 $2,637 531,513 Final Engineering Plans and Specifications Match $26,118 $22,668 $25,399 $8,319 $7,533 $90,037 Total $48,317 $41,936 $46,988 $15,390 $13,937 $166,568 2. The Coastal Cities understand that SANDAG would not proceed with the Project without the assurances set forth in this MOU, reflecting the Coastal Cities' approvals of their respective appropriations, the aggregate of which will fund the Project. 3. Neither SANDAG nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by one or more of the Coastal Cities under or in connection with any work, authority, or jurisdiction delegated to the Coastal Cities under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, the applicable Coastal City(ies) shall fully defend, indemnify, and save harmless SANDAG, all officers and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by one or more of the Coastal Cities under or in connection with any work, authority, or jurisdiction delegated to the Coastal Cities under this MOU. 4. It is understood that the Coastal Cities are not responsible for any damage or liability occurring by reason of anything done or omitted to be done by one or more of the other Coastal Cities under or in connection with any work, authority, or jurisdiction delegated to the Coastal Cities under this MOU. Each Coastal City is responsible for their own city's actions alone. THE PARTIES MUTUALLY AGREE: 1. That all obligations of SANDAG under the terms of this MOU are subject to the appropriation of the required resources by SANDAG and the Coastal Cities and by the approval of the SANDAG Board of Directors. 2. 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 For City of Carlsbad 401 B Street, Suite 800 1635 Faraday Ave. San Diego, CA 92101 Carlsbad, CA 92008 Attn: Shelby Tucker Attn: Steve Jantz For City of Encinitas For City of Imperial Beach 505 S. Vulcan Ave. 825 Imperial Beach Blvd. Encinitas, CA 92024 Imperial Beach, CA 91932 Attn: Katherine Weldon Attn: Greg Wade For City of Oceanside For City of Solana Beach 1540 Harbor Drive North 635 S. Highway 101 Oceanside, CA 92054 Solana Beach, CA 92075 Attn: Frank Quan Attn: Leslea Meyerhoff 3. That unless it is amended by the parties in writing, this MOD shall terminate on December 31, 2011, or on such earlier or later date as the parties may agree to in writing. Any party wishing to withdraw from this MOU shall provide 60 (sixty) days' written notice of its desire to withdraw. If such notice is given, the MOU shall continue to be binding on those parties who have not formally withdrawn, and the withdrawing party shall be responsible for its portion of the costs that SANDAG incurred prior to receiving the notice. 4. The indemnification provisions of this MOU shall survive termination of the MOU. 5. 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. 6. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 7. 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. 8. 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 incorporated herein shall be binding on any of the parties hereto. 9. 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. 10. 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 MOD effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS L. GAU.EGOS utive Dyector City of Carlsbad APPROVED AS TO FORM: < Office of General Counsel APPROVED AS TO FORM: Claude A. Lewis Mayor Ron Ball City Attorney City of Encinitas APPROVED AS TO FORM: PHILLIP COTTON City Manager Glenn Sabine City Attorney City of Imperial Beach APPROVED AS TO FORM: GARY BROWN City Manager City of Oceanside Jim Lough City Attorney APPROVED AS TO FORM: JIM WOOD Mayor City of Solana Beach John Mullen City Attorney APPROVED AS TO FORM: DAVID OTT City Manager Johanna Canlas City Attorney IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS APPROVED AS TO FORM: GARY L. GALLEGOS Executive Director Office of General Counsel Mayor APPROVED AS TO FORM: Ron Ball City Attorney City of Encinitas APPROVED AS TO FORM: PHILLIP COTTON City Manager Glenn Sabine City Attorney City of Imperial Beach APPROVED AS TO FORM: GARY BROWN City Manager CityofOceanside Jim Lough City Attorney APPROVED AS TO FORM: JIM WOOD Mayor City of Solana Beach John Mullen City Attorney APPROVED AS TO FORM: DAVID OTT City Manager Johanna Canlas City Attorney IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS APPROVED AS TO FORM: GARY L. GALLEGOS Executive Director City of Carlsbad Office of General Counsel APPROVED AS TO FORM: Claude A. Lewis Mayor Ron Ball City Attorney City of Encinitas PHILLIP COTTON City Manager APPROVECWS TO) HORM Glenn Sabine City Attorney City of Imperial Beach APPROVED AS TO FORM: GARY BROWN City Manager City of Oceanside Jim Lough City Attorney APPROVED AS TO FORM: JIM WOOD Mayor City of Solaria Beach John Mullen City Attorney APPROVED AS TO FORM: DAVID OTT City Manager Johanna Canlas City Attorney IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS APPROVED AS TO FORM: GARY L GALLEGOS Executive Director City of Carlsbad Office of General Counsel APPROVED AS TO FORM: Claude A. Lewis Mayor Ron Ball City Attorney City of Encinitas APPROVED AS TO FORM: PHILLIP COTTON City Manager City of Imperial Beach GARY BROWN City Manager City of Oceanside Glenn Sabine City Attorney APPROVED AS TO FORM 'PROVED AS TO FORM JIM WOOD Mayor City of Solana Beach John Mullen City Attorney APPROVED AS TO FORM: DAVID OTT City Manager Johanna Canlas City Attorney IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS APPROVED AS TO FORM: GARY L. GALLEGOS Executive Director City of Carlsbad Office of General Counsel APPROVED AS TO FORM: Claude A. Lewis Mayor Ron Ball City Attorney City of Encinitas APPROVED AS TO FORM: PHILLIP COTTON City Manager Glenn Sabine City Attorney City of Imperial Beach APPROVED AS TO FORM: GARY BROWN City Manager City of Oceanside v , -X JIM WOOD Mayor City of Solanj^ Beach Jim Lough City Attorney APPROVED AS TO FORM. in Mullen CitjtXttorney APPROVED AS TO FORM: DAVID OTT City Manager Johanna Canlas City Attorney IN WITNESS WHEREOF, the Parties hereto have executed this MOD effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS APPROVED AS TO FORM: GARY L. GALLEGOS Executive Director City of Carlsbad Office of General Counsel APPROVED AS TO FORM: Claude A. Lewis Mayor Ron Ball City Attorney City of Encinitas APPROVED AS TO FORM: PHILLIP COTTON City Manager Glenn Sabine City Attorney City of Imperial Beach APPROVED AS TO FORM: GARY BROWN City Manager City of Oceanside Jim Lough City Attorney APPROVED AS TO FORM: JIM WOOD Mayor City of Solana Beach) DAVID dTT City Manager John Mullen City Attorney APPROVED AS TO FORM: