HomeMy WebLinkAbout2009-05-05; City Council; 19786; MOU with SANDAG for beach sand projectCITY OF CARLSBAD - AGENDA BILL
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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.
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RESOLUTION NO. 2009-084
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ENVIRONMENTAL DOCUMENTS.
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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;
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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
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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
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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.
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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: