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HomeMy WebLinkAbout2011-06-07; City Council; 20582; APPROVAL MOU CA DEPT STATE PARKS LAND EXCHANGE*mt fifaM JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND 1 HOUSING AND REDEVELOPMENT COMMISSION AGENDA BILL /Tftft , AB# 20 582 MTG. 6-7-11 DEPT. CM Approval of Memorandum of Understanding with the California Department of State Parks for the Exchange of Lands located in the City of Carlsbad DEPT. DIRECTOR W * CITY ATTY. JS? CITY MGR. /(/A- RECOMMENDED ACTION: The Carlsbad City Council adopt Resolution No. 2011-124 approving a Memorandum of Understanding between the City of Carlsbad and the California Department of State Parks for the Exchange of Lands located in the City of Carlsbad; and Guiding Principles for the project; and, The Carlsbad Housing and Redevelopment Commission adopt Resolution No. 503 approving a Memorandum of Understanding between the City of Carlsbad and the California Department of State Parks for the Exchange of Lands located in the City of Carlsbad; and Guiding Principles for the project. ITEM EXPLANATION: Carlsbad's coastline is an important part of the city's identity, quality of life and economy. Increasing public access to the coastline and promoting a healthy outdoor lifestyle are important goals shared by the City of Carlsbad and community, and have been identified as a City Council priority. The potential land exchange and road realignment project will provide an opportunity for the City of Carlsbad and California State Parks to create signature coastal projects that will provide for extraordinary recreational areas for generations of today and the future to enjoy. Since the early 1980s the City of Carlsbad has explored the idea of relocating the southbound lanes of Carlsbad Boulevard in the area south of Manzano Drive to the Batiquitos Lagoon. Relocation of the road to a more easterly alignment would serve two primary purposes. First, it would provide future protection of the southbound lanes from potential coastal bluff erosion and storm damage, which can be costly to repair. Second, it would free up excess property that could be made available for development of a new park, trails, bike access, recreational amenities, parking, beach-friendly shops and restaurants, and an enhanced state campground. The project would also connect the northern part of the Carlsbad coastline to the southern portion with walking paths, bike lanes and a more consistent look and feel. Once this section of Carlsbad Boulevard is relocated to its new alignment (Exhibit 3), property that is currently inaccessible to the public would be available for potential public use. Currently most of the vacant property south of Manzano Drive is owned by either California State Parks or the City of Carlsbad. However, ownership boundaries in some cases are comingled, limiting the potential for use by either party. DEPARTMENT CONTACT: Cynthia Haas, 760-434-2821 Cynthia.Haas@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED WITHDRAWN AMENDED D Dn CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D COUNCIL RECEIVED THE D REPORT/PRESENTATION OTHER-SEE MINUTES D Page 2 In 2000, the Carlsbad Housing and Redevelopment Commission adopted the South Carlsbad Coastal Redevelopment Area Plan (SCCRA). One of the goals set forth within the SCCRA was to provide funding for the realignment of Carlsbad Boulevard for the purposes previously mentioned. The potential realignment was also incorporated into the South Carlsbad State Beach General Plan adopted by the California State Parks in 1982. Although both parties agreed on the overall goals, it was not until 2009 that the State expressed an interest in pursuing a land exchange with the City. For the past two years, the City and State have worked diligently and cooperatively to create an agreement that will set a framework to guide both agencies through the process of a land exchange. To that end, two documents have been co-authored, a Memorandum of Understanding (MOD) that outlines the roles and responsibilities of each agency (Exhibit 4), and a set Guiding Principles that will help guide decision making for the project (Exhibit 5). These principles are consistent with the core values and vision statements developed recently during Envision Carlsbad and with the goals of the South Carlsbad Coastal Redevelopment Plan. California State Parks executed their portion of the MOU on April 26, 2011. Execution of the MOU by the City/Commission will validate the agreement. The process for the exchange is somewhat complicated by the fact that the state accepted grant monies through the Land and Water Conservation Fund Act (LWCF) in the 1980s for the South Carlsbad State Beach area. Acceptance of those funds restricted any future exchange or conversion of those properties unless specific conditions in the LWCF are met, and subsequent approval by the National Parks Service/U.S. Department of the Interior is obtained. After the properties proposed for exchange have been identified and agreed to, California State Parks will prepare and submit an application for conversion to the National Parks Service. The process as outlined within LWCF Section 6(f)(3) is anticipated to take between six to twelve months to complete after the application has been received. Currently staff is negotiating with a design and environmental consulting group to provide specialized services that will be necessary for the land exchange and realignment project to proceed, including compliance with the LWCF requirements. Those contracts are anticipated to come to the City Council for review and approval sometime in late June or July. The design and environmental work is a critical component of the land exchange, since it will help to identify specific portions of the property that can be made available for trade. Once the available properties have been identified and a value established through a formal appraisal process, the state and city will agree upon the boundaries of the land that will be subject to exchange and included in the application to the National Parks Service. In addition, the city and state will then be able to conduct a thorough public involvement process to enable the public to help shape the plan itself. It is estimated that the project, once fully defined, would be built in stages over the next 10 to 15 years. FISCAL IMPACT: Approximately $3.25 million is currently appropriated from the South Carlsbad Coastal Redevelopment fund for this project. Page 3 ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, approval of the MOU does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. The purpose of the non- binding MOU is to establish a cooperative framework and clarify the roles and responsibilities of the city and State Parks relative to the land exchange process. The MOU does not commit the city to future approval of any exchange or development of land. The land exchange itself, as well as the subsequent redesign and realignment of Carlsbad Boulevard, will undergo appropriate environmental reviews prior to project approval. EXHIBITS: 1. City Council Resolution No. 2011-124 2. Housing and Redevelopment Commission Resolution No. 503 3. Location Map 4. Memorandum of Understanding between the City of Carlsbad and California State Parks 5. Carlsbad Boulevard Realignment Guiding Principles. EXHIBIT 1 1 RESOLUTION NO. 2011-124 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE 3 MEMORANDUM OF UNDERSTANDING BETWEEN THE 4 CITY OF CARLSBAD AND THE CALIFORNIA DEPARTMENT OF STATE PARKS FOR THE EXCHANGE 5 OF LANDS LOCATED IN THE CITY OF CARLSBAD; AND GUIDING PRINCIPLES FOR THE PROJECT. 6 7 WHEREAS, Carlsbad's coastline is an important part of the city's identity, quality 8 of life and economy; and 9 WHEREAS, Increasing access to the coastline and promoting a healthy outdoor 10 lifestyle are important goals shared by the City of Carlsbad and community and have 11 been identified as a City Council priority; and 12 WHEREAS, realignment of Carlsbad Boulevard will provide an opportunity for the City of Carlsbad and California State Parks to create signature coastal projects that will 15 provide for extraordinary recreational areas for generations of today and the future to 16 enjoy; and 17 WHEREAS, one of the goals set forth within the South Carlsbad Coastal 18 Redevelopment Area was to provide funding for the realignment of Carlsbad Boulevard 19 for the purposes previously mentioned; and 20 WHEREAS, the City and State have worked diligently and cooperatively to create 21 Guiding Principles that will be incorporated into a Memorandum of Understanding that 22 will guide both agencies through the process of a land exchange. 23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 25 Carlsbad, California, as follows that: 26 1. The above recitations are true and correct. 27 28 1 2. That the Guiding Principles for the Carlsbad Boulevard Realignment and Land 2 Exchange project are approved. 3 3. That the Mayor is authorized to execute the Memorandum of Understanding 4 between the City of Carlsbad and the California Department of State Parks for 5 the Carlsbad Boulevard Realignment and Land Exchange Project. 6 7 // 8 // 9 // 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 19 " 20 " 21 // 22 // 23 // 24 // 25 // 26 // 27 28 1 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the 2 Carlsbad City Council and Carlsbad Housing and Redevelopment Commission held on the 7th day of June 2011, by the following vote to wit: 4 5 AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. 6 NOES: None. 7 ABSENT: None.8 9 10 T—MATT^HALL, Mayor 11 ATTEST: 12" 13 14 INE M. WOOD, City Clerk /OCA^ \ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 2 1 RESOLUTION NO. 503 2 A RESOLUTION OF THE HOUSING & REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, 3 CALIFORNIA, APPROVING THE MEMORANDUM OF 4 UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CALIFORNIA DEPARTMENT OF STATE PARKS 5 FOR THE EXCHANGE OF LANDS LOCATED IN THE CITY OF CARLSBAD; AND GUIDING PRINCIPLES FOR THE 6 PROJECT. 7 WHEREAS, Carlsbad's coastline is an important part of the city's identity, quality8 g of life and economy; and 10 WHEREAS, Increasing access to the coastline and promoting a healthy outdoor 11 lifestyle are important goals shared by the Housing and Redevelopment Commission 12 and community and have been identified as a City Council priority; and 13 WHEREAS, realignment of Carlsbad Boulevard will provide an opportunity for the 14 City of Carlsbad and California State Parks to create signature coastal projects that will provide for extraordinary recreational areas for generations of today and the future to 16 enjoy; and 17 WHEREAS, one of the goals set forth within the South Carlsbad Coastal 18 Redevelopment Area was to provide funding for the realignment of Carlsbad Boulevard 20 for the purposes previously mentioned; and 21 WHEREAS, the City and State have worked diligently and cooperatively to create 22 Guiding Principles that will be incorporated into a Memorandum of Understanding that 23 will guide both agencies through the process of a land exchange. 24 NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment 25 Commission of the City of Carlsbad, California, as follows that: 26 1. The above recitations are true and correct. 27 28 1 2. That the Guiding Principles for the Carlsbad Boulevard Realignment and Land 2 Exchange project are approved. 3. That the Chair of the Housing and Redevelopment Commission is authorized to 4 execute the Memorandum of Understanding between the City of Carlsbad and 5 the California Department of State Parks for the Carlsbad Boulevard 6 Realignment and Land Exchange Project. 8 // 9 // 10 „ 11 // 12 // 13 // 14 // 15 // 16 „ 17 // 18 „ 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 Joint Special Meeting of the Carlsbad Housing and Redevelopment Commission and Carlsbad City Council held on the 7th day of June 2011, by the following vote to wit: AYES: Commission Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. MATT HALL, Chairman ATTEST: TSAyHILDABRAND, Secretary (SEAL) Y' ESTABLISHED' *••• Kl -t- o Carlsbad Boulevard Realignment 2010 - Existing Ownership ly Section A Carlst Pacific Ocean Section B Avenida Encinas -<Carlsbad Blvd (Northbound^ ~ rlsbad Blvd (Southbound) >• 9 II Alignment Key Map Section B Section A Future Carlsbad Blvd Alignment City Property State PropertyAvenida Encinas ''•.'• . ••-•; ."•••••.. ., ;.. .;:;.I • . .••..':'.. "• :• • • •' < Carlsbad Blvd (Northbound) Carlsbad Blvd (Southbound) £ South Carlsbad State Beach and Campground Pacific Ocean Memorandum of Understanding Between City of Carlsbad And California Department of Parks and Recreation For the exchange of certain lands located within the City of Carlsbad This Memorandum of Understanding (MOU) is entered into by and between the City of Carlsbad, California (City) and the State of California, acting by and through the California Department of Parks and Recreation (State Parks). Each may hereinafter be referred to as a Party, or collectively the Parties. I. PURPOSE AND SCOPE The purpose of this non-binding MOU is to delineate the understanding of the Parties as to the role and responsibilities of each with regard to a proposed land exchange in the City of Carlsbad related to relocation of the southbound lanes of Carlsbad Boulevard for the mutual benefit of the Parties (the Project), including the enhancing of recreational, open space and economic opportunities for Carlsbad residents and visitors, as well as the diverse statewide visitors of South Carlsbad State Beach. II. RECITALS: Whereas, there is an opportunity to consolidate and redesign Carlsbad Blvd that includes abandonment of the existing southbound road segment; and Whereas, the abandoned southbound road segment will allow for expanded public open space which could include a new multi-use trail corridor and expansion of opportunities at South Carlsbad State Beach (both overnight and day-use); and Whereas, there is an opportunity to improve traffic circulation at the intersection of Carlsbad Blvd and Palomar Airport Rd by converting the existing overpass configuration to a signalized "T" intersection; and Whereas, the redesign of the Carlsbad Blvd and Palomar Airport Rd intersection will allow redevelopment activity that will enhance the City of Carlsbad, both aesthetically and commercially; and Whereas, the State and the City hold a mosaic of property ownership adjacent to the above-stated roadway improvements; and Whereas, the State and the City share common goals for an aesthetic and effective transportation corridor as well as enhancement of public recreational opportunities; and Whereas, the State and the City agree that there is value to working cooperatively in determining the best configuration of land ownership and in designing the improvements within and adjacent to the transportation corridor. Now therefore, in consideration of the recitals contained above, the City and State Parks agree as follows: III. NON-BINDING AGREEMENT This MOU is intended to clarify the understanding and objectives of the Parties with regard to implementing the above described Project, and the Parties will strive to reach the objectives stated herein, but this MOU shall be non-binding. Neither Party shall have the right to enforce this MOU against the other Party. Any binding obligations related to implementation of the Project shall be entered into through a separate written agreement executed by the Parties. IV. RESPONSIBILITIES Each party will appoint a person(s) to serve as an official contact and coordinate the activities of the two organizations in carrying out this MOU. The initial appointees of each organization are: City of Carlsbad State of California, Parks and Recreation Cynthia Haas Deputy City Manager (Land Exchange)/MOU Conrad "Skip" Hammann Transportation Director (Road Design/Realignment)/Land Exchange Clay Philips Acting District Superintendent San Diego Coast District Brian Ketterer North Sector Superintendent San Diego Coast District The organizations agree to perform the following tasks for this MOU as it relates to the land exchange: •1- CITY OF CARLSBAD a. Develop road and infrastructure design and concept for realignment of Carlsbad Boulevard, including preparation of pertinent environmental documents. b. Determine a preferred alignment for Carlsbad Boulevard. c. Lead Agency for local public outreach related to the realignment of Carlsbad Boulevard. d. Complete a Land Survey to extend along the Carlsbad Boulevard corridor from Cannon Road to the mouth of Batiquitos Lagoon that covers all components of the proposed land exchange, including future state lands. The State retains the right to review and approve the survey before considered "final". e. Identification of a state-licensed Real Estate Appraiser to appraise land identified for the exchange. Appraiser and standards of appraisal shall be jointly selected and mutually agreed upon by the parties. In addition, per specifications of the Department of General Services (DOS), a Phase I environmental site evaluation shall be completed. f. Manage its consultants for the Project. g. Make available all digital base map and aerial files to State Parks for its use. h. Lead for local permitting. i. Pay for State's costs for DCS document review and approval in accordance with a separate equitable cost-sharing agreement to be executed by the Parties. 2. CALIFORNIA DEPARTMENT OF PARKS AND RECREATION: a. Lead Agency for application to remove 6F designation and any associated environmental permitting with extensive technical support from the City. b. If needed, update the State of California's South Carlsbad State Beach General Plan to reflect the proposed exchange of lands and resulting improvement opportunities. c. Lead Agency in requesting any legislative actions required for the transfer of lands, subject to the limits of State Parks' authority. d. Manage its consultants for the Project. e. Make available all digital base map and aerial files to the City for its use. f. Review and approve, through DGS, the Appraisal and Phase I Environmental Site Assessment Documents. 3. BOTH PARTIES agree to collaborate on, and be shall be responsible for: a. Development of Guiding Principles for the Project. b. Development of a Project timeline. c. Coordinating planning and design efforts to ensure that future City/State land uses are compatible. Compatible efforts include (but are not limited to): i. The drainage designs for the new highway corridor and landscaped areas will be managed such that erosion or bluff failure is not exacerbated on state property, ii. Plants selected for future projects on both State and City land will not be invasive, iii. Traffic flows on both State and City lands will create safe and effective transportation through and across all lands, iv. Pedestrian beach access routes from newly developed areas to the beach will be consistent and not interfere, with park facilities and/or park operations. d. Sharing digital imagery and other data that would assist in each other's planning efforts, at no cost. e. Maintaining an accounting for all costs related to the exchange of land and developing a fair and reasonable cost sharing arrangement under a separate agreement to be executed by the Parties. f. Communicating with the public and elected officials about the Project. g. Preparing a Land Exchange Agreement for approval. V. TERM OF THE MEMORANDUM OF UNDERSTANDING The term of this MOU is for the period of time necessary to accomplish the Project, which is anticipated to occur within 3 years from the effective date of this MOU. The MOU shall be reviewed annually to ensure that it is fulfilling its purpose and to make necessary revisions. Either Party may terminate this MOU upon 60 days written notice without penalties or liabilities. This MOU may be amended or modified by the mutual written agreement of the Parties. If If I '7 Mayor, City of Carlsbad Ruth Coleman, Director State of California Parks and Recreation Department Date: (j>/1JH Date: f.I^ /// Chair, Carlsbad Housing and Redevelopment Agency Date: • bit 5 Carlsbad Boulevard Realignment Adventure "Realign to Recreate" Introduction In July, 2000, the City of Carlsbad together with the Carlsbad Housing and Redevelopment Commission adopted the South Carlsbad Coastal Redevelopment Area Plan. One of the goals set forth within the SCCRA Plan was to provide funding for the realignment of Carlsbad Boulevard which has the potential to yield excess property that could facilitate expansion of the Carlsbad State Beach campgrounds and/or provide for other recreational facilities and desirable community amenities. It is interesting to note that the City and State of California began to explore this program to relocate the southbound lanes of Carlsbad Boulevard as far back as the early 1980s. The potential realignment was incorporated into the South Carlsbad State Beach General Plan and adopted by the State in 1982. The 1982 plan proposed that all additional property west of the realigned Carlsbad Boulevard be dedicated to various recreational purposes, including additional campsites, parking, beach access, and State administration and maintenance facilities. The goals of the City of Carlsbad, Carlsbad Redevelopment Agency and State of California are now well-aligned and the timing is right to move this project forward for the benefit of the residents of Carlsbad and the visitors of California. The time is right to realign to recreate! Carlsbad Guiding Principles As we proceed into this adventure of realigning Carlsbad Boulevard and creating new recreational opportunity areas, the City of Carlsbad and Carlsbad Redevelopment Agency have developed the following ten principles to guide its decisions and actions. These guiding principles are: 1. Carlsbad Boulevard shall become more than a road. This transportation corridor shall provide for recreational, aesthetic and community gathering opportunities that equal the remarkable character of the land. 2. Community Safety shall be a high priority. A cornerstone of the project is to create a destination that provides a safe public environment to recreate. 3. Strategic public access and parking is a key to success. Development shall capitalize on opportunities to add/enhance multiple public access points and public parking for the beach and related recreational amenities. 4. Open Views are desirable and important to maintaining the character of the area. Preservation and enhancement of views of ocean, lagoons, and other water bodies and beaches shall be a high priority in road, landscaping, and amenity design and development. 5. Enhance vitality of area through diversity of recreational land uses. Carlsbad Boulevard development shall provide for amenities, services and goods which attracts a diversity of residents and visitors. 6. Create vibrant and sustainable public spaces. Development shall provide for unique and vibrant coastal gathering spaces where people of all age groups and interests can gather to enjoy recreational and environmental amenities and supporting commercial uses. 7. Connect community, place and spirit. Design shall complement and enhance connectivity between existing, community, and regional land uses. 8. Environmental sensitive design is a key objective. Environmentally sensitive development that respects existing coastal resources is of utmost importance. 9. Signature Scenic Corridor shall be created through design that honors the coastline's natural beauty. The resulting improvements will capture the 'essence' of Carlsbad; making it a special place for people from throughout the region with its natural beauty and vibrant public spaces. Properly carried out, the realigned boulevard will maximize public views and encourage everyone to slow down and enjoy the scenery. 10. Realignment of Carlsbad Boulevard shall be visionary. The design of a realigned Carlsbad Boulevard will incorporate core community values articulated in Envision Carlsbad by providing: (1) physical connectivity through multi-modal mobility improvements including bikeways, pedestrian trails, and a traffic-calmed roadway; (2) social connectivity through creation of memorable public spaces; and (3) economic vitality through a combination of visitor and local-serving commercial, civic, and recreational uses and services. Summary The realignment of Carlsbad Boulevard is an adventure to build much more than a road; it will be an amazing legacy development that will provide for extraordinary recreational areas for the generations of today and the future to enjoy. The natural beauty of the area needs to be capitalized upon and used to the benefit of our community and for the millions of people who visit California every year. The time has come to Realign to Recreate! City of Carlsbad CA State Parks Land ExchangeMemorandum of UnderstandingdlGuiding PrinciplesJune 7, 2011 Land ExchangelflbdldRealignment of Carlsbad Boulevard•Partnership more than 30 years in the making.pyg•Consistent with the goals of –South Carlsbad Coastal Redevelopment Plan–Core values and Vision statements for Envision Carlsbad.CtiCitPldSiit–Connecting Community Place and Spirit•Important linkage between coastal areas of north andsouthCarlsbadand south Carlsbad. North Carlsbad Boulevard North Carlsbad Boulevard SouthCarlsbadBoulevardSouth Carlsbad Boulevard CarlsbadSouthBoulevardCarlsbad South Boulevard Southbound Carlsbad BlvdNorthbound Carlsbad Blvd MemorandumofUnderstandingMemorandum of Understanding•AgreementbetweentheCityofCarlsbadandAgreement between the City of Carlsbad and California State Parks.•Outlinesrolesandresponsibilities•Outlines roles and responsibilities. –Land ExchangeRl ifClbdBl d–Relocation of Carlsbad Boulevard•Enhancing recreational, open space and economic opportunities for the community Guiding Principles fhfor the Project•WillbemorethanaroadprojectWill be more than a road project.•Makes community safety a priority.•Providesenhancedcoastalaccessforthepublic•Provides enhanced coastal access for the public.•Preserves ocean, lagoon and beach views.•Provides diverse recreational uses.•Creates vibrant new coastal gathering places. Guiding Principles fthPjtfor the Project•Enhances connectivity between existing land usesuses.•Respects coastal resources and environmentally sensitiveareassensitive areas.•Creates a “Signature Scenic Corridor” for CarlsbadCarlsbad.•Consistent with Carlsbad core values and vision  –EiiC l b d/SCCRA/CCPSEnvision Carlsbad/SCCRA/CCPS TheOpportunity…The Opportunity … ToCreateaLegacy…To Create a Legacy… ForCarlsbadFor Carlsbad RecommendedActionRecommended Action•AdoptCityCouncilResolutionNumber2011‐124Adopt City Council Resolution Number 2011124 and Housing and Redevelopment Commission Resolution Number 503approving a pp gMemorandum of Understanding between the City of Carlsbad and the California Department of Parks and Recreation; and Guiding Principles for the Project.