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HomeMy WebLinkAbout2015-12-15; City Council; 22174; Agreement SANDAG Service Bureau for Expedited Services with California Coastal CommissionCITY OF CARLSBAD AGENDA BILL 13 AB# MTG. DEPT. 22 174 12/15/15 CED APPROVE AN AGREEMENT WITH THE SANDAG SERVICE BUREAU FOR EXPEDITED SERVICES WITH THE CALIFORNIA COASTAL COMMISSION DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: Adopt City Council Resolution No. 2015-313 , approving an agreement with the San Diego Association of Governments Service Bureau for a pilot program to fund additional staffing at the California Coastal Commission to enhance the coordination process and improve and shorten the review period of projects. ITEM EXPLANATION: The City of Carlsbad and the California Coastal Commission have asked the San Diego Association of Governments (SANDAG) Service Bureau to facilitate a pilot project for enhanced coordination and shortened review periods for projects within the City of Carlsbad. The City of Carlsbad will provide funding that will enable the California Coastal Commission (CCC) to hire an additional Coastal Program Analyst. In exchange the City of Carlsbad will receive enhanced services and expedited review for projects including Coastal Development Permits, Local Coastal Program updates and amendments, environmental reviews, and other approvals as well as guidance from the Commission on projects, both public and private, within the City of Carlsbad. The funding and agreements to facilitate this pilot project are proposed to be processed through the SANDAG Service Bureau. This pilot program is the result of a seven month process facilitated by San Diego County Supervisor Greg Cox and the SANDAG Executive Director with the region's coastal land use authorities (coastal cities, the San Diego Unified Port District, and the San Diego County Regional Airport Authority) to explore a program that would provide expedited review by the CCC of projects and Local Coastal Plan updates and amendments within their respective jurisdictions. Through a survey completed by the coastal land use authorities, it was estimated that five additional CCC staff persons would be needed to provide services for the various planned projects. However, at this time, the CCC is only able to accommodate one new staff person. With this limitation in mind, it was recommended that a three-year pilot project between the CCC and the City of Carlsbad be implemented. The City of Carlsbad was determined to be a good test city as it has a large number of proposed projects and anticipates needing thousands of hours in early review and expedited services from the CCC. If the pilot project is successful, it could be expanded in the future to provide similar services to other local land use authorities. DEPARTMENT CONTACT: Don Neu 760-602-4601 don.neu@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER — SEE MINUTES SANDAG Service Bureau December 15, 2015 Page 2 of 2 The proposed agreement includes a work plan containing the projects that CCC and Carlsbad staff will be focusing on. The work plan will be updated annually. FISCAL IMPACT: The term of the agreement is January 1, 2016 through June 30, 2018 for a total of 30 months. The fiscal year 2015-16 cost is $83,498 covering a six month period. The Community and Economic Development Department budget contains funding in the amount of $172,000 for the first year of this pilot program. The fiscal year 2016-17 and 2017-18 cost to continue the program is $166,996 per year. Section 10 of the agreement allows the City of Carlsbad to terminate the agreement on June 30, 2017 and at the end of every six month period after that first anniversary. Funding for future fiscal years will be requested as part of the annual budget process. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action 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. EXHIBITS: 1. City Council Resolution No. 2015-313 2. Agreement between the City of Carlsbad and SANDAG Regarding Review of Carlsbad Projects by the California Coastal Commission 3. Memorandum of Understanding between SANDAG and the California Coastal Commission Regarding Review of City of Carlsbad Projects EXHIBIT 1 RESOLUTION NO. 2015-313 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS SERVICE BUREAU FOR EXPEDITED SERVICES WITH THE CALIFORNIA COASTAL COMMISSION WHEREAS, the City of Carlsbad recognizes that the California Coastal Commission's ("Commission") current staffing level is insufficient to adequately review and take action on all projects under its jurisdiction in a timely manner; and WHEREAS, the City of Carlsbad and the Commission have asked the San Diego Association of Governments (SANDAG) Service Bureau to facilitate a pilot project for enhanced coordination and shortened review periods for projects within the City of Carlsbad; and WHEREAS, SANDAG, through the Service Bureau Division, desires to assist the City of Carlsbad and the Commission in coordinating a plan to facilitate the review of Carlsbad projects, both public and private, within its jurisdiction; and WHEREAS, SANDAG and the Commission have simultaneously entered into a Memorandum of Understanding ("MOU") whereby SANDAG can help facilitate the process and assist in coordinating a work plan for Carlsbad projects with the Commission; and WHEREAS, under the terms of the agreement the Commission will provide timely services on Carlsbad projects pursuant to a Coordinated Work Plan that is prepared by the City of Carlsbad on an annual basis; and WHEREAS, SANDAG and the City of Carlsbad understand and agree that providing timely services on Carlsbad projects will increase the workload placed on the Commission staff and the Commission lacks the resources to fund additional positions to meet the increased workload; and 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 WHEREAS, in return for enhanced coordination and review on Carlsbad projects, the City of Carlsbad has agreed to provide additional funding, equivalent of one Coastal Program Analyst II position at a blended rate to reflect the participation of one or more Commission staff in the San Diego Coastal office such that the Commission may dedicate experienced and qualified staff to perform all tasks related to the timely processing of Carlsbad projects; and WHEREAS, the City of Carlsbad has agreed to pay SANDAG for the services provided by the Service Bureau in implementing the MOU and the Agreement; and WHEREAS, the Community and Economic Development Department operating budget has sufficient funds for the current fiscal year and future amounts will be accounted for during the formal budget process. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. That the Community and Economic Development Department operating budget has sufficient funds for the fiscal year and that future amounts will be accounted for during the formal budget process. 2. That the Agreement Between the City of Carlsbad and San Diego Association of Governments Regarding Review of Carlsbad Projects by the California Coastal Commission, is hereby approved. 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute the Agreement as so stated on behalf of the City of Carlsbad. /// -2- PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 15th day of December 2015, by the following vote to wit: AYES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. NOES: None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, y Clerk (SEAL) ..... s (J./ ;) 0= - EXHIBIT 3 MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS AND CALIFORNIA COASTAL COMMISSION REGARDING REVIEW OF CITY OF CARLSBAD PROJECTS SANDAG CONTRACT NO. 5004773 This Memorandum of Understanding ("MOU") is made and entered into effective as of this 1st day of January 2016, by and between the San Diego Association of Governments ("SANDAG"), through its Service Bureau, which is a division of SANDAG, and the California Coastal Commission ("COMMISSION")(collectively "Parties"). RECITALS The following recitals are a substantive part of this MOU: WHEREAS, SANDAG is a regional government agency with member agencies from various coastal land use authorities in San Diego County including, the City of Carlsbad ("CARLSBAD"); and WHEREAS, COMMISSION is a state agency with the responsibility for implementing the California Coastal Act of 1976 governing land use planning for local government entities within the coastal zone; and WHEREAS, the COMMISSION and other various land use authorities within the County of San Diego recognize that the COMMISSION's current staffing level is insufficient to adequately review and take action on all projects under its jurisdiction in a timely manner; and WHEREAS, CARLSBAD has agreed to enter into a pilot program with the COMMISSION with the goal of enhancing the coordination process and improving and shortening the review period of projects, including but not limited to, Coastal Development Permits, Local Coastal Plan (LCP) updates and amendments, environmental reviews, and other guidance and approvals from the COMMISSION on projects, both public and private, within its jurisdictions ("CARLSBAD projects"); and WHEREAS, CARLSBAD has simultaneously entered into an agreement with SANDAG, known as Service Bureau Agreement, so that SANDAG can help facilitate the process and assist it in coordinating a work plan for CARLSBAD projects with the COMMISSION; and WHEREAS, additional SANDAG member agencies may wish to join the Service Bureau Agreement at a later date; and WHEREAS, the COMMISSION is willing to provide timely review for CARLSBAD projects pursuant to a Coordinated Work Plan (CWP) that is prepared on an annual basis; and WHEREAS, SANDAG and COMMISSION understand and agree that without supplemental funding, the COMMISSION lacks sufficient staff to provide enhanced services on CARLSBAD projects due to COMMISSION's current workload; and 1 WHEREAS, through the Service Bureau Agreement, CARLSBAD has agreed to provide funding to enable the COMMISSION to hire the equivalent of one Coastal Analyst II position ("COMMISSION Employee") at a blended rate to reflect the participation of one or more Commission staff members in the San Diego Coastal office, allowing the COMMISSION to expand its resource capacity and provide enhanced services on CARLSBAD projects in the CWP; and WHEREAS, the term COMMISSION Employee shall be defined as one or more employees in the COMMISSION San Diego Coastal Office who are assigned to work on a Carlsbad project who have the appropriate skill level, knowledge, and experience such that the work by the assigned COMMISSION Employee will match the complexity of the CARLSBAD project and be performed in accordance with an agreed upon schedule; and WHEREAS, by CARLSBAD funding a position at the COMMISSION, CARLSBAD will receive timely review of CARLSBAD projects in accordance with the CWP that will enable CARLSBAD to better predict the schedules and costs associated with implementing its projects; and WHEREAS, the Parties believe that this MOU, the Service Bureau Agreement, and the additional funding provided will allow COMMISSION to provide enhanced services to CARLSBAD, beyond what COMMISSION's existing financial resources permit, and is intended to be of benefit to both the COMMISSION and CARLSBAD. Nothing in this MOU alters, diminishes, or enhances in any way the statutory authority of SANDAG or COMMISSION; and WHEREAS, the Parties wish to memorialize their agreement in this MOU to carry out the purposes set forth above; NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties agree as follows: 1. The Parties agree that work performed under the MOU by the COMMISSION Employee shall be under the direction of the COMMISSION. 2. The work performed on behalf of CARLSBAD is described in FY 2015-2016 CWP, attached as Exhibit A. SANDAG will coordinate with COMMISSION and CARLSBAD to develop an updated CWP by May 30 each year. SANDAG's Principal Contact, identified in Section 12 of this MOU, is hereby delegated authority by SANDAG's Executive Director to execute amendments that solely concern the CWP and do not affect the duration, amount, or other terms of this MOU. 3. The term of the agreement is January 3., 2016 through June 30, 2018. SANDAG shall pay the COMMISSION a total of $399,990 for COMMISSION Employee at a blended rate equal to a Coastal Analyst ll and staff with comparable experience to perform the services on behalf of CARLSBAD over the contract period of January 1, 2016 through June 30, 2018. Payments to COMMISSION will be made on a fiscal year (FY, defined as July through June) basis and shall cover COMMISSION's costs of salary, benefits, travel, operating costs, supervision, overhead, and worker's compensation, as described in Budget, attached as Exhibit B. 4. For the first FY, SANDAG shall pay COMMISSION $79,998" for costs of COMMISSION EMPLOYEE during the January 1 —June 30, 2016 time period. Thereafter, SANDAG shall pay COMMISSION a total of $159,996 each fiscal year for the services of a COMMISSION Employee, pursuant to Payment Schedule, attached as Exhibit C. 2 5. In the Service Bureau Agreement, CARLSBAD has made a multi-year commitment to provide a total of $399,990 for the cost of the COMMISSION Employee beginning on January 1, 2016 and terminating on June 30, 2018. SANDAG will invoice CARLSBAD two times a year for reimbursement of the cost of the COMMISSION Employee. 6. The COMMISSION agrees that funds from this MOU will be used solely to pay for COMMISSION's costs to employ a sufficiently qualified, experienced and available COMMISSION Employee. 7. The COMMISSION agrees to: a. Coordinate with federal, state, and local agencies as appropriate to review and analyze projects that are prioritized in the CWP., work with CARLSBAD to identify issues that need resolution, and incorporate those resolutions into documents as needed; provide environmental and technical assistance, procedural guidance, project reviews and analyses, and other services within the COMMISSION's purview in a timely manner based on the time allotted in the CWP. b. Perform work on CARLSBAD's projects in accordance with all applicable federal and state laws. c. Assess progress on tasks identified in the CWP at City/Commission monthly coordination meetings. d. Provide an annual report to SANDAG of the projects worked on including progress made toward key milestones or deliverables for each project, and provide relevant documentation of such work performance consistent with the CWP by June 30 of each year. e. Notify SANDAG whenever COMMISSION staffing of Coastal Analyst II or higher is reduced, voluntarily or involuntarily. COMMISSION and SANDAG shall meet and confer to determine whether reduction in staffing will affect COMMISSION'S ability to meet the agreed deadlines in the CWP and develop plan of action if needed. 8. At all times during the term of this MOU and for three (3) years following its termination, SANDAG or any designated representatives shall have access to the records of the COMMISSION that are subject to the Public Records Act and related to work performed under this MOU, excluding those records under the Act's exemptions, and the COMMISSION shall make such records available for inspection, audit, and copying by SANDAG or any designated representative, including, but not limited to CARLSBAD. 9. The COMMISSION shall perform the work contemplated in this MOU with resources available within its own organization and no portion of the work shall be subcontracted. 10. Neither SANDAG, CARLSBAD, nor any employee or officer thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by COMMISSION under or in connection with any work, authority or jurisdiction delegated to COMMISSION under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, COMMISSION shall fully defend, indemnify and save harmless SANDAG, CARLSBAD, and all officers and employees from all claims, suits or actions of every name, kind and description brought by reason of anything done or omitted to be done by COMMISSION under or in connection with any work, authority or jurisdiction delegated to COMMISSION under this MOU. Neither COMMISSION nor any employee or officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANDAG or CARLSBAD under or in connection with any work, authority or jurisdiction delegated to SANDAG or 3 CARLSBAD under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify and save harmless COMMISSION, all officers and employees from all claims, suits or actions of every name, kind and description brought by reason of anything done or omitted to be done by SANDAG or CARLSBAD under or in connection with any work, authority or jurisdiction delegated to SANDAG or CARLSBAD under this MOU. The indemnification provisions of this MOU shall survive termination of the MOU. 11. All obligations of SANDAG under the terms of this MOU are subject to the appropriation of the required resources from CARLSBAD and the approval of the SANDAG Board of Directors. All obligations of COMMISSION under the terms of this MOU are subject to the appropriation of the required resources from the state of California. 12. 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: SANDAG 401 B Street, Suite 800 San Diego, CA 92101 Principal Contact: Cheryl Mason (619) 699-1900 Cheryl.Masonsandag.org For COMMISSION: California Coastal Commission 45 Fremont Street, Suite 2000 San Francisco, CA 94105 Principal Contact: Susan Hansch (415) 904-5244 shansch@coastal.ca.gov 13. That unless it is amended by the parties in writing, this MOU shall terminate on June 30, 2018 or on such earlier date as the parties may agree to in writing. SANDAG shall provide notice to COMMISSION if CARLSBAD terminates the Service Bureau Agreement. Termination of the Service Bureau Agreement shall be cause for termination of this MOU. 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. 14. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective executors, administrators, successors, and assigns. 15. 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. 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 referenced herein shall be binding on any of the parties hereto. 17. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU, other than CARLSBAD, or affect the legal liability of the parties to this MOU. 18. Should any provision of this MOU be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall be severable and enforceable. 4 16. 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 referenced herein shall be binding on any of the parties hereto. 17,. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU, other than CARLSBAD, or affect the legal liability of the parties to this MOU. 18, Should any provision of this MOU be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall be severable and enforceable. 19. 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 MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS: CALIFORNIA COASTAL COMMISSION: GARY L GALLEGOS CHARLES LEsTeR Executive Director ExecutP.re iirectzr APPROVED AS TO FORM APPROVED AS TO FORM - (Mice of Gorier ,Lutznilei 5 EXHIBIT A FY 2015-2016 COORDINATED WORK PLAN [insert] 6 COASTAL COMMISSION - CARLSBAD EXHIBIT A PLANNING PROJECTS INVOLVING COASTAL COMMISSION FY 2015-2016 COORDINATED WORK PLAN 1 2 3 4 5 6 7 8 9 10 Priority Order Project Name/ LCP Amendment Name Project Type Project Description PRIMARY SERVICE from Coastal Commission on this Project Begin Coordination (Early Review and Feedback) with Coastal Commission Staff Complete LCPA Filed Work Completed by June 30, 2016 Timeframe for Coastal Commission Action on LCPA Historic Timeframe for Coastal Commission Action on LCPA Additional Information Proposition D Implementation LCPA Approval of implementing ordinance to Proposition D - Canon Rd Agriculture and Open Space Lands Necessary to fully implement voter-approved land-use change On-going coordination (e.g., monthly mtgs); process LCPA Jul 2015 March 2016 Amendment and Staff Report finalized July 2016 March 2017 Area spans Agua Hedionda and Mello II segments. Will process Mello II portion first; AH portion deferred, possibly to time with comprehensive LCP update 2 Comprehensive LCP Map and minor text amendments LCPA LCP land use and zoning map and minor text amendments to implement comprehensive General Plan update - includes Housing Element Land use changes in coastal zone required for Housing Element compliance Review by CCC after submittal; process LCPA Nov 2015 Nov 2015 All processing completed March 2016 Nov 2016 City Council approved on Sept 22, 2015 3 Village and Barrio Master Plan update LCPA Comprehensive update to Village Master Plan and LCP segment; include Barrio neighborhood into planning boundaries Early review and feedback prior to loinl action or CCC submittal, process LCPA Nov 2015 March 2016 Review draft plan and provide comments. Begin processing of LCPA Dec 2016 March 2017 Will include Barrio neighborhood in updated document 4 Comprehensive LCP LUP/IP Update LCPA Comprehensive update to LCP, including all segments and deferred certification areas On-going coordination (e.g., monthly mtgs); Review draft sections; process LCPA Nov 2015 April 2017 A. Sea Level Rise Analysis - Coordination with city staff and consultants; Review and comment on Risk Assessment, measures and strategies; B. Local Coastal Program Update - Review and comment on annotated LCP Land Use Plan Outline; Review and comments on draft Land Use Plan C. Implementation Plan (Zoning Ord.) Update - Review and comment on summary of issues, proposed framework organization, and the administrative Draft Implementation Plan Nov 2017 April 2018 Restructuring of LCP document by consolidating all segments (except Village/Barrio); obtain permit authority for deferred cert, areas; incorporate sea-level rise adaptation policies and measures 5 Carlsbad Blvd Corridor Project cDp Phased program to reconfigure Carlsbad Blvd throughout coastal corridor to expand biking and walking paths, create a linear park, public gathering places, and other coastal improvements, and create a safer, quieter roadway Early review and feedback prior to local action or CCC submittal Dec 2015 6 Ague Hedionda South Shore Specific Plan Initiative Measure LCPA Commercial development (Caruso Affliated) Process LCPA Nov 2015 Sept 2015 See Additional Info Column Submittal deemed incomplete pending the results of the election. 7 Westin Hotel and Timeshare Lot 9 LCPA One 71-room, four story, 81,200 sq.ft. hotel building; and, one 36-plus-16-lock-off timeshare units, three story, 62,680 sq.ft. building over a 40-space underground garage ova 3.66 acre property @ Lot 9 City Golf Course. Relates to development agreement performance conditions Process LCPA N/A Dec 2015 All processing completed May 2016 Dec 2016 8 Poinsettia 61 LCPA Construction of the missing link of Poinsettia Lane, a major arterial road in between Cassia Road to the north and Skimmer Court and Oriole Court to south, in conjunction with the construction 01 140 detached single-family condominiums ova 60.1-acre site. Early review and feedback prior to Council action or CCC submittal Nov 2015 June 2016 Provide early feedback on proposal and technical studies Oct 2016 June 2017 Potential for ESHA impacts, neighborhood controversy EXHIBIT B BUDGET California Coastal Commission Employee Budget Detail FY15-16 (second half), FY 16-17, FY 17-18 FYI 5-16 FYI 6-17 FYI 7-18 Personal Services *Salaries and wages CPA II (top-range $6048 per mo. x 12 mos.) *Staff Benefits 46.54% (per State Administrative Manual) Total Personal Services Indirect Costs (15% of Total Personal Services) Operating Expenses (Includes general expenses, printing, communications, postage, training, facilities operations, IT) ($32,000 per PY per year; $2667 per PY per month) Travel (6 months) (12 months) (12 months) $36,288 $72,576 $72,576 $16,888 $33,777 $33,777 $53,176 $106,353 $106,353 $7,976 $15,953 $15,953 $16,000 $32,000 $32,000 $5,690 $5,690 $2,845 Total Estimated Costs per Fiscal Year $79,998 $159,996 $159,996 Assumptions: Coastal Program Analyst (CPA)II: $4829-6048 per month Source: Pay Scales/Ca/HR Blended rate based on top rate for Analyst 11 as higher salaried employees will be working on these projects a part of blended rate and most experienced Analyst ll's are at top scale of range. The actual costs in FY16-17 and FY17-18 may be increased if salary and benefit increases are included in enacted budget bills for FY16-17 and FY17-18 Totals may not add due to rounding 7 EXHIBIT C PAYMENT SCHEDULE SANDAG shall make payments to COMMISSION for the cost of COMMISSION EMPLOYEE at the fixed fee amounts set forth in this Payment Schedule up to the maximum amount of the Agreement. Payment Schedule: SANDAG and COMMISSION Period of Performance Total FY 2015-16 FY 2016-17 FY 2017-18 Payment Date Jan. 1, 2016— June 30, 2016 July 1, 2016— June 30, 2017 July 1, 2017 — June 30, 2018 January 15, 2016 $79,998 - - July 15, 2016 - $79,998 - January 15, 2017 - $79,998 July 15, 2017 - $79,998 January 15, 2018 - $79,998 SubTotal $79/998 $159,996 $159,996 Grand Total $399,990 SANDAG shall remit payments within ao business days of Payment Date to: California Coastal Commission 45 Fremont Street, Suite 2000 San Francisco, CA 94105 Attn: Susan Hansch (41.5) 904-5244 shanschRcoastal.ca.gov 8 AGREEMENT BETWEEN CITY OF CARLSBAD AND SAN DIEGO ASSOCIATION OF GOVERNMENTS REGARDING REVIEW OF CARLSBAD PROJECTS BY THE CALIFORNIA COASTAL COMMISSION SANDAG CONTRACT NO. 5004772 THIS AGREEMENT ("AGREEMENT or alternatively "Service Bureau Agreement") is made and entered into as of the 1st day of January, 2016 by and between the CITY OF CARLSBAD, a chartered municipal corporation, ("CARLSBAD") and the San Diego Association of Governments, a regional public agency ("SANDAG"), through its Service Bureau, which is a division of SANDAG, (collectively "PARTIES"). AGREEMENT RECITALS The following recitals are a substantive part of this AGREEMENT: WHEREAS, SANDAG is a regional government agency with member agencies from various coastal land use authorities in San Diego County including CARLSBAD; and WHEREAS, the California Coastal Commission ("COMMISSION") is responsible for reviewing, approving and providing guidance on projects within its jurisdiction, including but not limited to, Coastal Development Permits, Local Coastal Plan (LCP) updates and amendments, and other environmental reviews.; and WHEREAS, the COMMISSION and other various land use authorities within the County of San Diego recognize that the COMMISSION'S current staffing level is insufficient to adequately review and take action on all projects under its jurisdiction in a timely manner; and WHEREAS, CARLSBAD has agreed to enter into a pilot program with the COMMISSION with the goal of enhancing the coordination process and improving and shortening the review period of its projects, including but not limited to Coastal Development Permits, LCP updates and amendments, environmental reviews, and other approvals and guidance from the COMMISSION on projects, both public and private, within its jurisdiction ("CARLSBAD PROJECTS"); and WHEREAS, SANDAG, through a division known as the Service Bureau, desires to assist CARLSBAD and COMMISSION in coordinating a plan to facilitate the review of CARLSBAD PROJECTS through COMMISSION's review process; and WHEREAS, additional SANDAG member agencies may wish to join the AGREEMENT at a later date; and WHEREAS, in furtherance of this AGREEMENT, SANDAG and COMMISSION have simultaneously entered into a Memorandum of Understanding ("MOU") whereby SANDAG can help facilitate the process and assist in coordinating a work plan for CARLSBAD Projects with the COMMISSION, and 1 WHEREAS, under the terms of the MOU, the COMMISSION will provide timely services on CARLSBAD PROJECTS pursuant to a Coordinated Work Plan ("CWP") that is prepared by CARLSBAD on an annual basis; and WHEREAS, SANDAG and CARLSBAD understand and agree that providing timely services on CARLSBAD PROJECTS will increase the workload placed on the COMMISSION staff and the COMMISSION lacks the resources to fund additional positions to meet the increased workload; and WHEREAS, in return for enhanced coordination and review by COMMISSION on CARLSBAD PROJECTS, CARLSBAD has agreed to provide additional funding, equivalent of one Coastal Program Analyst II position ("COMMISSION EMPLOYEE") at a blended rate to reflect the participation of one or more Commission staff in the San Diego Coastal office such that the COMMISSION may dedicate experienced and qualified staff to perform all tasks related to the timely processing of CARLSBAD's PROJECTS; and WHEREAS, CARLSBAD has additionally agreed to pay SANDAG for the services provided by the Service Bureau in implementing the MOU and this Agreement; and WHEREAS, by CARLSBAD funding a position at the COMMISSION, CARLSBAD will receive enhanced services and timely review of projects in accordance with the CWP that will enable CARLSBAD to better predict the schedules and costs associated with implementing its projects and to implement those projects in a timely manner; and WHEREAS, the PARTIES believe that this AGREEMENT and the additional funding it provides will allow COMMISSION to provide improved services to the public, beyond what COMMISSION's existing financial resources permit, and is intended to be of benefit to both the COMMISSION and CARLSBAD. Nothing in this AGREEMENT alters, diminishes or enhances in any way the statutory authority of SANDAG, COMMISSION, or CARLSBAD; and WHEREAS, SANDAG wishes to coordinate this AGREEMENT in the event that other SANDAG member agencies choose to enter into a similar AGREEMENT in the future; and WHEREAS, the PARTIES wish to memorialize their AGREEMENT to carry out the purposes set forth above; NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties agree as follows: 1. The PARTIES agree that work performed on CARLSBAD PROJECTS under this AGREEMENT by the COMMISSION EMPLOYEE shall be under the direction of the COMMISSION. All work shall be performed by a COMMISSION EMPLOYEE with a level of training and experience deemed necessary to perform the tasks identified in the CWP. 2. CARLSBAD PROJECTS, shown in FY 2015-2016 CWP, attached as Exhibit A, will be updated annually. By May 30 of each year, SANDAG will present an updated CWP to the COMMISSION that has been agreed to by CARLSBAD and the COMMISSION under the terms of this AGREEMENT and the MOU. SANDAG's Principal Contact, identified in Section 9 of this AGREEMENT is hereby delegated authority by SANDAG's Executive Director to execute 2 amendments that solely concern the CWP and do not affect the duration or other terms of this AGREEMENT. 3. The term of the agreement is January 1, 2016 through June 30, 2018. CARLSBAD shall pay a total of $17,500 for the SANDAG Service Bureau's costs to facilitate and coordinate the agreements, and a total of $399,990 for the cost of the COMMISSION EMPLOYEE. The cost of the COMMISSION EMPLOYEE will be equal to a Coastal Analyst II at a blended rate over a period starting on January 1, 2016 and ending on June 30, 2018. The amount of COMMISSION EMPLOYEE shall include the COMMISSION'S cost of salary, benefits, operating costs, supervision, overhead, travel and worker's compensation, as described in Budget, attached as Exhibit B. 4. Payments will be made on a fiscal year (FY, defined as July through June) basis. Payment for the first FY will reflect costs for the January 1 — June 30, 2016 time period. SANDAG will pay the COMMISSION a total of $79,998 for the cost for COMMISSION EMPLOYEE to perform the services shown in the FY 2015-2016 CWP on behalf of CARLSBAD. Thereafter, SANDAG shall pay COMMISSION a total of $159,996 each fiscal year for the services of a COMMISSION EMPLOYEE pursuant to Payment Schedule, attached in Exhibit C. 5. CARLSBAD will reimburse SANDAG for the costs of the COMMISSION EMPLOYEE and the costs of the SANDAG Service Bureau pursuant to Payment Schedule, attached in Exhibit C. CARLSBAD shall make payments to SANDAG within 30 days of date of invoice. 6. In the MOU, the COMMISSION agrees that funds from this AGREEMENT will be used solely to pay for COMMISSION's costs to employ a sufficiently qualified and experienced COMMISSION EMPLOYEE to perform work on the CWP project or to assist with other projects freeing up other qualified and experienced COMMISSION employees to work on the CWP as needed depending on the subject matter and complexity of the CWP. COMMISSION will have the authority and flexibility to manage its staff to allocate the workload and meet the outcomes. This arrangement will allow the COMMISSION to assign the projects to the most appropriately qualified and experienced employees, not necessarily the COMMISSION EMPLOYEE hired as a result of this AGREEMENT. 7. SANDAG shall work with the COMMISSION in performing the following tasks pursuant to the MOU between SANDAG and the COMMISSION with respect to CARLSBAD PROJECTS: a. Conduct early consultations with CARLSBAD staff concerning proposed or pending projects. b. Coordinate with federal, state, and local agencies as appropriate to review and analyze projects that are prioritized in the CWP; work with CARLSBAD to identify issues that need resolution, and incorporate those resolutions into documents as needed; provide environmental and technical assistance, procedural guidance, project reviews and analyses, and other services within the COMMISSION's purview on an expedited basis. c. Perform work on CARLSBAD PROJECTS in accordance with all applicable federal and state laws. 3 d. By June 30 of year, provide an annual report to SANDAG of the projects worked on including progress made toward key milestones or deliverables for each project, and provide relevant documentation of such work performance consistent with the CWP. e. Consult with SANDAG and CARLSBAD in the event it must make a change to the COMMISSION EMPLOYEE it has retained as a result of this AGREEMENT and the COMMISSION will make every effort to immediately retain another person as the COMMISSION EMPLOYEE who is sufficiently qualified and experienced so that CARLSBAD PROJECTS are not delayed and do not suffer negative consequences. f. At all times during the term of this AGREEMENT and for three (3) years following its termination, SANDAG or any designated representatives shall have access to the records of the COMMISSION that are subject to the Public Records Act and related to work performed under this AGREEMENT, excluding those records under the Act's exemptions, and the COMMISSION shall make such records available for inspection, audit, and copying by SANDAG or any designated representative. 9. Pursuant to the MOU, the COMMISSION shall perform the work contemplated in this AGREEMENT with resources available within its own organization and no portion of the work shall be subcontracted. 8. Neither SANDAG, nor any employee or officer thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CARLSBAD under or in connection with any work, authority or jurisdiction delegated to CARLSBAD under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CARLSBAD shall fully defend, indemnify and save harmless SANDAG and all officers and employees from all claims, suits or actions of every name, kind and description brought by reason of anything done or omitted to be done by CARLSBAD under or in connection with any work, authority or jurisdiction delegated to CARLSBAD under this Agreement. Neither CARLSBAD nor any employee or 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 Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify and save harmless CARLSBAD, all officers and employees from all claims, suits or actions of every name, kind and description brought 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 Agreement. The indemnification provisions of this Agreement shall survive termination of the Agreement. All obligations of SANDAG under the terms of this AGREEMENT are subject to the appropriation of the required resources from CARLSBAD and the approval of the SANDAG Board of Directors. 9. Any notice required or permitted under this AGREEMENT, including invoices, 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: 4 For SANDAG 401 B Street, Suite 800 San Diego, CA 92101 Principal Contact: Cheryl Mason (619) 699-1900 cheryl.mason@sandag.org For CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 Principal Contact: Don Neu (760) 602-4601 don.neu@carlsbadca.gov 10. That unless it is amended by the PARTIES in writing, this AGREEMENT shall terminate on June 30, 2018 or on such earlier date as the PARTIES may agree to in writing in accordance with the following: CARLSBAD may terminate this AGREEMENT on June 30, 2017 and at the end of every six month period after that first anniversary of this AGREEMENT upon 90 days written notice to SANDAG. SANDAG shall provide immediate notice to COMMISSION if CARLSBAD terminates the AGREEMENT. 11. This AGREEMENT 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 AGREEMENT the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 12. All terms, conditions, and provisions hereof shall inure to and shall bind each of the PARTIES hereto, and each of their respective executors, administrators, successors, and assigns. 13. For purposes of this AGREEMENT 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. 14. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES hereto, and no oral understanding or AGREEMENT not referenced herein shall be binding on any of the PARTIES hereto. 15. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third PARTIES to this AGREEMENT other than CARLSBAD, or affect the legal liability of the PARTIES to this AGREEMENT. 16. Should any provision of this AGREEMENT be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall be severable and enforceable. 17. This AGREEMENT 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. 5 SAN DIEGO ASSOCIATION OF GOVERNMENTS: GARY L. GALLEGOS Executive Director CITY OF CARLSBAD: -14a/ZW MATT HALL Mayor APPROVED AS TO FORM: APPROVED AS TO FORM: Office of Ge er I Counsel City Attorney IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT effective on the day and year first above written. 6 COASTAL COMMISSION - CARLSBAD EXHIBIT A PLANNING PROJECTS INVOLVING COASTAL COMMISSION FY 2015-2016 COORDINATED WORK PLAN 1 2 3 4 5 6 7 8 9 10 Priority Order Project Name/ LCP Amendment Name Project Type Project Description PRIMARY SERVICE from Coastal Commission on this Project Begin Coordination (Early Review and Feedback) with Coastal Commission Staff Complete LCPA Filed Work Completed by June 30, 2016 Timeframe for Coastal Commission Action on LCPA Historic Timeframe for Coastal Commission Action on LCPA Additional Information 1 Proposition D Implementation LCPA Approval of implementing ordinance to Proposition D - Canon Rd Agriculture and Open Space Lands. Necessary to fully implement voter-approved land-use change On-going coordination (e.g., monthly mtgs); process LCPA Jul 2015 March 2016 Amendment and Staff Report finalized July 2016 March 2017 Area spans Agua Hedionda and Mello II segments. Will process Mello II portion first; All portion deferred, possibly to time with comprehensive LCP update 2 Comprehensive LCP Map and minor text amendments LCPA LCP land use and zoning map and minor text amendments to implement comprehensive General Plan update - includes Housing Element. Land use changes in coastal zone required for Housing Element compliance Review by CCC after submittal; process LCPA Nov 2015 Nov 2015 All processing completed March 2016 Nov 2016 City Council approved on Sept. 22, 2015 3 Village and Barrio Master Plan update LCPA Comprehensive update to Village Master Plan and LCP segment; include Barrio neighborhood into planning boundaries Early review and feedback prior to Icoal action or CCC submittal, process LCPA Nov 2015 March 2016 Review draft plan and provide comments. Begin processing of LCPA Dec 2016 March 2017 Will include Barrio neighborhood in updated document 4 Comprehensive LCP LUP/IP Update LCPA Comprehensive update to LCP, including all segments and deferred certification areas On-going coordination (e.g., monthly mtgs); Review draft sections; process LCPA Nov 2015 April 2017 A. Sea Level Rise Analysis - Coordination with city staff and consultants; Review and comment on Risk Assessment, measures and strategies; B. Local Coastal Program Update - Review and comment on annotated LCP Land Use Plan Outline; Review and comments on draft Land Use Plan C. Implementation Plan (Zoning Ord.) Update - Review and comment on summary of issues, proposed framework organization, and the administrative Draft Implementation Plan Nov 2017 April 2018 Restructuring of LCP document by consolidating all segments (except Village/Barrio); obtain permit authority for deferred cert. areas; incorporate sea-level rise adaptation policies and measures 5 Carlsbad Blvd Corridor Project CDP Phased program to reconfigure Carlsbad Blvd throughout coastal corridor to expand biking and walking paths, create a linear park, public gathering places, and other coastal improvements, and create a safer, quieter roadway Early review and feedback prior to local action or CCC submittal Dec 2015 6 Agua Hedionda South Shore Specific Plan Initiative Measure LCPA Commercial development (Caruso Affliated) Process LCPA Nov 2015 Sept 2015 See Additional Info Column Submittal deemed incomplete; pending registrar of voters determination regarding referendum signatures. 7 Westin Hotel and Timeshare Lot 9 LCPA One 71-room, four story, 81,200 sq.ft. hotel building; and, one 36-plus-16-lock-off timeshare units, three story, 62,680 sq.ft. building over a 40-space underground garageon a 3.66 acre property @ Lot 9 City Golf Course. Relates to development agreement performance conditions Process LCPA N/A Dec 2015 All processing completed May 2016 Dec 2016 8 Poinsettia 61 LCPA Construction of the missing link of Poinsettia Lane, a major arterial road in between Cassia Road to the north and Skimmer Court and Oriole Court to south, in conjunction with the construction of 140 detached single- family condominiums on a 60.1-acre site. Early review and feedback prior to Council action or CCC submittal Nov 2015 June 2016 Provide early feedback on proposal and technical studies Oct 2016 June 2017 Potential for ESHA impacts, neighborhood controversy EXHIBIT B BUDGET California Coastal Commission Employee Budget Detail FYI 5-16 (second half), FY 16-17, FY 17-18 Personal Services *Salaries and wages FY15-16 FY16-17 FY17-18 (6 months) (12 months) (12 months) CPA II (top-range $6048 per mo. x 12 mos.) $36,288 $72,576 $72,576 *Staff Benefits 46.54% (per State Administrative Manual) $16,888 $33,777 $33,777 Total Personal Services $53,176 $106,353 $106,353 Indirect Costs (15% of Total Personal Services) $7,976 $15,953 $15,953 Operating Expenses (Includes general expenses, printing, communications, postage, training, facilities operations, IT) ($32,000 per PY per year; $2667 per PY per month) $16,000 $32,000 $32,000 Travel $2,845 $5,690 $5,690 Total Estimated Costs per Fiscal Year $79,998 $159,996 $159,996 Assumptions: Coastal Program Analyst (CPA)II: $4829-6048 per month Source: Pay Scales/Ca/HR Blended rate based on top rate for Analyst ll as higher salaried employees will be working on these projects a part of blended rate and most experienced Analyst ll's are at top scale of range. *Note: The actual costs in FY16-17 and FY17-18 may be increased if salary and benefit increases are included in enacted budget bills for FY16-17 and FY17-18 Totals may not add due to rounding 8 EXHIBIT C PAYMENT SCHEDULE SANDAG shall invoice CARLSBAD for reimbursement of the cost of a COMMISSION EMPLOYEE at the Coastal Commission (CC) and for the costs of SANDAG Service Bureau (SB) services in accordance with the following payment schedule. CARLSBAD shall make payments to SANDAG within 30 days after the invoice date. Payment Schedule CARLSBAD and SANDAG Period of Performance Total FY 2015-16 FY 2016-17 FY 2017-18 Invoice Date Jan. 1, 2016- June 30, 2016 July 1, 2016 - June 30, 2017 July 1, 2017 - June 30, 2018 January 31, 2016 CC: SB: $79,998 $3 500 - - Total: $83,498 July 31, 2016 - CC: SB: $79,998 $3 500 - Total: $83,498 January 31, 2017 CC: SB: $79,998 $3,500 - Total: $83,498 July 31, 2017 CC: SB: $79,998 $3,500 Total: $83,498 January 31, 2018 - - CC: SB: $79,998 $3,500 Total: $83,498 Subtotals CC: SB: $79,998 $3,500 CC: SB: $159,996 $7,000 CC: SB: $159,996 $7,000 CC: SB: $399,990 $17,500 Grand Total $83,498 $166,996 $166,996 $417,490 9 Agreement for Expedited Services with California Coastal Commission Don Neu, City Planner Dec. 15, 2015 Background •Seven month process •Participants: coastal cities, Port District, Regional Airport Authority •Explore program for expedited review •Projects,Local Coastal Plan Updates & Amendments Background •Survey estimated need for five additional Coastal Commission staff persons •Coastal Commission able to accommodate one new staff person Background •Recommended 3-year pilot project •City selected based on number of projects and need for early review and expedited services •Pilot project could be expanded Proposed Agreement •SANDAG Service Bureau coordinating agreement •City to provide funding •Coastal Commission to hire additional staff person •Enhances coordination and shortened review periods Proposed Agreement •Work plan updated annually •30 month term –Jan. 1, 2016 through June 30, 2018 •Earliest date for termination is June 30, 2017 Fiscal Impact •Fiscal Year 2015-16 cost is $83,498 •Covers a six-month period •CED budget has funding in the amount of $172,000 •Cost for a full year is $166,996 •Future funding to be requested during annual budget process Recommendation •Adopt City Council Resolution No. 2015-313, approving an agreement with the San Diego Association of Governments Service Bureau for a pilot program to fund additional staffing at the California Coastal Commission to enhance the coordination process and improve and shorten the review period of projects