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
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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.
///
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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
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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.
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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
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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.
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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
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EXHIBIT A
FY 2015-2016 COORDINATED WORK PLAN
[insert]
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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
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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
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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
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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
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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
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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
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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
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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