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HomeMy WebLinkAbout2016-06-21; City Council; 22321; Report and presentation regarding the Hub Park LeaseCITY OF CARLSBAD-AGENDA BILL 1 AB# MTG. DEPT. 22,321 DEPT. DIRECTOR h71:2.._ 06/21/2016 CM RECOMMENDED ACTION: REPORT AND PRESENTATION REGARDING THE HUB PARK LEASE CITY ATTORNEY _,.-(!-;.'f1L-_ __, CITY MANAGER ld • To receive a report and presentation regarding the Hub Park Lease and provide direction to city staff as appropriate. ITEM EXPLANATION: Recently, a number of community members have inquired about the possibility of the city developing passive recreational uses such as hiking trails and view-points on the property covered by the Hub Park Lease (Exhibit 1). This Agenda Bill provides background and a summary of the Hub Park Lease provisions and the property in general, offers an overview of the opportunities, constraints and challenges to executing the lease, and outlines an option for a course of action should the City Council wish to pursue further work in this area. Lease and Property Background: As a result of Encina Power Plant-related development activities initiated by San Diego Gas & Electric (SDG&E) and in direct response to significant community concerns that were raised in 197S regarding the proposed development of an oil refinery on property east of the 1-5 freeway owned by SDG&E, the city entered into what is known as the Hub Park Lease with SDG&E in November of 1975. The lease covers an area of approximately 96 acres on the south shore of the Agua Hedionda Lagoon (Exhibit 2). SDG&E continues to be the owner of the property. A majority of the Hub Park lease area is subject to the provisions of Proposition D, adopted by the voters of Carlsbad in 2006. A majority of the Hub Park lease area was also proposed for purchase by and was a part of the Agua Hedionda South Shore Specific Plan initiative sponsored by Caruso Affiliated. The Agua Hedionda South Shore Specific Plan was the subject of Measure A, which was defeated by the voters of Carlsbad in February 2016. The initial 60-year Hub Park lease term runs through November 2035, and may be extended for four additional periods for a maximum lease term of 99 years, or until 2074. The lease provides that the city may use the land for park and recreation purposes. Under the terms of the lease the city must pay rent in an amount not to exceed $14,000 annually, with rent due at the time the city has an adopted plan for development of the land and has obtained all permits necessary to initiate development of the property. The lease acknowledges that a portion of the Hub Park lease area is currently leased to and may continue to be leased to an agricultural user, currently the Carlsbad Strawberry Company. Prior to the city initiating actual development in the lease area, the city is required to provide a one-year advance notice so that SDG&E can arrange termination of the agricultural lease use. DEPARTMENT CONTACT: Gary T. Barberio, Assistant City Manager, 760-434-2821 gary.barberio@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED ~ CONTINUED TO DATE SPECIFIC D DENIED D CONTINUED TO DATE UNKNOWN D CONTINUED D RETURNED TO STAFF D WITHDRAWN D OTHER-SEE MINUTES ll( AMENDED D Hub Park Lease Area June 21, 2016 Page 2 Analysis: Execution of the Hub Park lease provides an opportunity for expanding passive recreational uses such as hiking trails and view-points on the 96 acre property. However, the property is also highly constrained and development of the property presents many challenges. The opportunities, constraints, and challenges exhibited by the 96 acre Hub Park lease property are summarized as follows: Opportunities 96 acres (gross) of property under city control to 2074 Public access could be provided for first time in over 60 years Lagoon frontage and views Development consistent with the values of the Carlsbad Community Vision Development consistent with Open Space & Conservation Resource Management Plan (OSCRMP) Development consistent with draft Trails Master Plan Proposition C — Open Space and Trail Connections set-aside fund Future trail connections - West to 1-5 and coastline - Cannon Road undercrossing - AHLF Discovery Center - Veteran's Park - Crossings Golf Course trails - Carlsbad Ranch Specific Plan trails Constraints and Challenges Property Deed Restrictions Cal Coastal Commission (CCC) OS Deed Restriction and existing HMP Hardline — 62 acres of lease area Utility Easements/Power line Corridor —41 acres of lease area -Net lease area is 34 acres (net of OS deed restriction) -Net-net lease area is 16 acres (net of OS deed restriction & utility easement) Land Use/Zoning Policies, Regulations, and Permits Carlsbad General Plan Local Coastal Program (LCP) Agua Hedionda Land Use Plan provisions No LCP Implementation Plan — Coastal Development Permit issued by CCC Proposition D Implementation provisions of the Cannon Road Agricultural/Open Space Zone Carlsbad Habitat Management Plan (HMP) provisions Lease area not included in Growth Management Program -not needed for Park compliance -not included as Park in the Zone 13 Local Facilities Management Plan (LFMP) -not included as Park in the Zone 13 LFMP financing plan Permitting/CEQA issues and costs State and Federal Resource Agencies — US Army Corps, US F&W, CA St F&W, RWQCB Item No. 1 - AB # 22,321 June 21, 2016 Page 2 of 20 Hub Park Lease Area June 21, 2016 Page 3 Environmental Considerations Pesticide considerations Biological Resource impact avoidance and mitigation considerations Cultural Resource considerations Archeological Resource considerations Storm water/drainage/grading considerations Physical Considerations Steep Topography Lease area is isolated -access to/from Cannon Road is significantly challenging -location of a trail-head is problematic -no direct trail connection to existing trail system Legal and Lease Considerations Property is leased, not owned Historical and existing Agricultural use and tenant provisions Lease rate As can be readily appreciated by the above enumerated opportunities, constraints and challenges, it is evident that any planning, public outreach, environmental review, permitting, and development of passive recreational uses such as hiking trails and view-points on the 96 acre Hub Park Lease property will take a significant amount of effort, time, and resources. Any work effort in this area at this time would compete for resources with the many other initiatives and projects already anticipated by the City Council's adopted goals and in the city's adopted capital improvement program, many of which are planned and needed for compliance with the provisions of the city's growth management program. Options for Consideration: If the City Council wishes to pursue further analysis and work in this area, staff would recommend that the City Council consider the merits of such an effort and the resources necessary to undertake it at their next annual goal setting workshop. If, after consideration as a part of the goal setting workshop process, the City Council determines to move forward, staff will develop a comprehensive work plan for this effort, including a schedule and budget, and present the work plan to the City Council for their consideration. FISCAL IMPACT: There is no fiscal impact associated with this report. ENVIRONMENTAL IMPACT: The activities associated with receiving this report will not involve or result in any disturbance to the environment, and is categorically exempt from the California Environmental Quality Act (CEQA). CEQA Section 15306 describes the following activities as being exempt from environmental review: "...basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted or funded." Item No. 1 - AB # 22,321 June 21, 2016 Page 3 of 20 Hub Park Lease Area June 21, 2016 Page 4 EXHIBITS: 1. Hub Park Lease 2. Map of Hub Park Lease Area 3. Map of Hub Park Lease Area Constraints 4. "Proposal for Public Access and Trail Project on Hub Park/Proposition D Open Space Lands", submitted to the City Council by Ms. Vicky Syage on June 14, 2016. Item No. 1 - AB # 22,321 June 21, 2016 Page 4 of 20 . • 6 „ EXHIBIT 1 LEASE THIS LEASE, made and entered into as of the 10th dikg of November e r 1975 , by and between SAN DIEGO GAS & ELECTRIC COMPANY., a California corporation, hereinafter called "Lessor", and the CITY OF CARLSBAD; CALIFORNIA, a municipal corporation, hereinafter called "Lessee", W I T.N E-S S E T H: WHEREAS, In 1971 Lessor requested specific plan approval 4111, for certain public utility operations in the City of Carlsbad;. and WHEREAS, In the course of processing said request Lessor 'offered to make a portion of the property covered by the specific plan. available to the Lessee for pa'rk-and recreational-purposes, - and WHEREAS, Said offer wath accepted by Lessee and incorpor-. ated in Ordinance No. 9279 which approved the specific plan as a condition thereof; and OP - 'WHEREAS, In accordance with Section 2, Condition No. 3, • of Ordinance No. 9279, Lessor and Lessee have resolved the details regarding the lease of certain hereinafter described real property; • NOW, THEREFORE, in consideration of the performance of the terms and conditions hereof the parties a4g5ee as follows: 1. Leased Premises. Lessor does hereby lease to Lessee Item No. 1 - AB # 22,321 June 21, 2016 Page 5 of 20 ••• those certain premises located in the City of Carlsbad, State of California, containing approximately ninety-one (91) acres as generally shown on the map marked Exhibit "A", attached heretO and made a part ,hereof. 'Lessor shall survey the premises within ninety (90) days of the execution of..this lease and shall furnish .Lessee with a legal description to be attached hereto as Exhibit 111B11 and made a part hereof. 2. Use. The leased premises may be used by Lessee for park and recreation purpoes which shall be supervised'to the same extent as other comparable properties owned by Lessee and used for the same purpose. Lessee shall not use the leased premises for any commercial or business purpose that does not '. reasonably relate to the use of the premise's for park and recreation purposes. 3. Term. The term of this lease shall- be for 's period of sixty (60) years commencing on thelOthday of November • 1975_, and ending on the9th day of November 2.035 4. Renewal. Within ninety (9"5) days from the expiration of the initial sixty (60) year term, and each succeeding term thereafter, the parties may by written mutual agreement renew this lease for three (3) additional periods, each consisting of a ten (10) year term, plus one (1) additional term of nine (9) years. In no event shall the cumulative terms exceed ninety-nine (99) 5. Additional Construction. This lease is made upon the express condition that the leased premises will be available for 2. Item No. 1 - AB # 22,321 June 21, 2016 Page 6 of 20 . use by Less(' at and all times for e Fir or maintenance .• L./ of existing and tuture facilities, as well as all other dPerations necessary in connection with its public utility operations. It is understood that Lessor may construct additional electrical trans- / mission lines and/or other utility lines upon the leased -premixes and reserves th9 right to accomplish said construction. Lessor shall make reasonable effortsto coordinate such activities With Lessee to minimize the interference with the Lessee's use of the premises. 6. Rent. fessee agrees to pay Lessor rent based on the amount of one half of the taxes asseSsed against the leased premises and paid by Lessor, but in no case shall the amount paid by the City exceed the sum .of fouAeen thousand dollars ($14,000) annually. . Lessee and Lessor shall take all reasonable steps to relieve Lessor of the real property -tax liability on the leased premises for the term of the lease or any renewal as herein provided. The obligation of Lessee to pay-rent shall not commence until five (5) years after execution of this lease or until Lessee has adopted a plan of develop- .ment for the premises and obtained all permits necessary to accomplish the development, whichever occurs later. • 7. Improvements. Lessee shalf'have the right to construct improvements upon the leased premises. Lessee agrees to consult with Lessor regarding any proposed improvements prior to the commencement of construction. No improvements, including grading or structures of any type, shall interfere with-Lessors public utility facilities or operations on the leased premises. Lessor may elocate in a mutually agrpeable manner any such improvement at Lessor's expense. Lessor 14iI1 take every reasonable means to avoid relocation of Lessee's improvements. Upon termination of this lease, after.receipt of a . - written demand from Lessor, Lessee shall remove all improvements 3. Item No. 1 - AB # 22,321 June 21, 2016 Page 7 of 20 within ninety (90). days at Lessee's expense. E Protection and Patrols. Lessee agrees to police, regulate, and control the entry and activities in and upon the leased premises to the same extent as other comparable proper&I, owned by Lessee., 'In'addition, Lessee will take reasonable steps 'to protect all Lessor-owned property surrounding or adjacent to the leased premises and exterior thereto so as to mipimize any and all disturbances and damages, includineg the possibility of damage to property and injuries to persons incident to the use of said premises by any person entering thereon. Said protection shall be consistent with the protection given to other private property in the City of Carlsbad. 9. Waste. Lessee shall not commit, suffer, nor permit any waste, nuisances, or unlawful acts on the' leased premises and shall.at all times maintain the same in a clean and sanitary con- dition in compliance with all applicable rules, laws, regulations, ' and ordinances respecting health and safety of the City of Carlsbad . and County of San Diego, and-the State of California. ' 10. Right of Entry. Lessor reTerves the right to enter upon the leased premises at any time for the purpose of viewing, patroling and inspecting the same to see if Lessee is faithfully • complying with the terms and, conditions of this lease 11. Rights of Lessee. Lessee shall have no rights nor acquire any interest. in or to the leased prem4es other than as ..p.t.zpvided in this lease and as a lessee and tenant thereof. . / 12. Default. Should default be made in the performance of any, of the terms and conditions of this lease and such default shall continue for sixty (60) days after Lessee has been notified 4: Item No. 1 - AB # 22,321 June 21, 2016 Page 8 of 20 • in writing of such default, then Lessor may re-enter, take possession of said premises, and remove any and all persons and property of Lessee therefrom. 13. Assignment. Lessee shall not assign this lease nor sublease the le4ed premises except upon the written consent of Lessor which shall not be uni.dasonably.withheld. Subject to the terms and provisions of this lease, Lessee may make anyjoint'use agreement for the use or improvement of the prdmises and may grant permits', licenses or priviledgds to any agency, person or partner- - ship to enter upon and/or, use any or all of the leased premises, upon terms and conditions as the Lessee deems necessary or desirable.' 14. Waiver. Any waiver by Lessor of any breach of one _ or more of the terms, covenants, and conditions of this lease shall not be a waiver of any subsequent or other breach of the same, or of any other term or condition hereof. 15. Indemnity. Lessee hereby agrees to indemnity, save and hold Lessor harmless from and against any and all demands, claims, suits, loss, damage, injury, resulting from any act or • omissiOn-of'Lessee, its employees, agents, permittees, invitees, or other persons .upon the leased 'premises with or without the consent of Lessee to the person or persons or property or proper- ties of any person, including injury to or death of any person in • any way arising from use and occupancy of the leased premises by Lessee, its agents, servants, employees, or invltees, whether 4-dtual-or implied by law. It is the mutual intention and agreement of the parties that the foregoing indemnity provisions shall extend to any and 5. Item No. 1 - AB # 22,321 June 21, 2016 Page 9 of 20 all damages suffered by Lessor to its property adjacent to the leased premises or injury to. or death of any person upon ths adr jacent property in any way arising from the use or occupancy of the leased premises, occasioned by the negligent, willful, or intentional acts or omissions Of any persons i using and who may be in or upon the leased premises. 16. Liability Protection. Lessee agrees to include the leased property in the liability protection program in use for other property owned bz-Lessee. ' 17. Notices. Notices to be given from or to either party may be addressed as follows: a. Lessor at 101 Ash Street, Sans Diego, California 92101. b. Lessee at 1200 Elm Avenue, Carlsbad, California 92008. Notices shall be deemed given hereunder when placed by either party in the United States mail, postage prepaid certified, and properly addressed to the other. 18. Ordinance No. 9279, Section 2, 13-B, 1-3. It is agreed that construction of park improvements, under Paragraph 7 of this lease, are not considered development of Lessor 'S property as specified in Ordinance NO. 9279, Section 2, 13-B, 1-3. -19. Existing Agricultural Lease. Lessee recognizes that a part of the park lease area is presently being leased by Lessor for agricultural purposes. Lessee agrees that'Lessor may continue .to'lease this area for agricultural purposes and will not require the cancellation until Lessee's plans to develop the leased premises for its intended park use are ready to be implemented. Prior. to 6. Item No. 1 - AB # 22,321 June 21, 2016 Page 10 of 20 implementation, Lessee agrees to provide Lessor with one year's advance notice so-that Lessor can arrange the termination of the / agricultural use. IN WIT13ESS WHEREOF,-the parties have individually executed and caused this lease to be executed for and on behalf .of each by their respective officers or agents as of the day and yea first above written. SAN DIEGO GAS & ELECTRIC COMPANY, a Cal fornia corporation . By 1. (4/(1(11 I*1/11(---.1 - Senior Vice President -LESSOR CITY OF CARLSBAD, a Municipal Corporation of;- the State of Californi /' BY -..JATTEST: .• v. ("t. if (0.Cel-~77 el 1 '-.MAGAJIET E. ADAMS .;..City/Clerk ROBERT C. FRAZEE, Mayor LESSEE LEWISI°L. CHASE, Vice Mayor AP RCNED AS TO FORM: V ncent F. Blond°, J City Attorney 7. Item No. 1 - AB # 22,321 June 21, 2016 Page 11 of 20 LEGAL DESCRIPTION 'OF HUB PARK SITE CITY OF CARLSBAD • That portion of Lots "F" and "H" of Rancho Ague. Hedionda, in the City of Carlsbad, County of Sari Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of said County, November 16:., 1896,:described as follows: Beginning at the corner common to Lots "F", "H" and "I".of said Rancho Agua Hedionda; thence along-the' .Northerly line of said Lot "F" South 86° 52' OP East (record South 87° 23' 24" East per Record of Survey No. 7938),. 1456.25 feet; thence leaving said line South 22° 501.011" West, 1273.28 feet to the beginning of a 9119.00 foot radius tangent curve concave Northwesterly; thence . Southwesterly. along the arc of said curve through A -central angle of 18° 39' 20", a -distance of 309.00 feet; .thence non-tangent North 84° 52' 43" Nest, 2517.07 feet; thence North 27° 23r 43" West, 392.39 feet; thence North 84° . 52'.43" West, 453.19 feet; thence North 07° 51' 43" West, 259.19 feet; thence North 89° 26' 05" West, 404.67 feet; thence North 16° 24' 38" West, 440 feet more or less to the mean-high,tide line of'Agua Hedionda Apper Lagoon; thence. Southeasterly, Northeasterly and Northwesterly along said mean high tide line to the Northeasterly line of said Lot "H"; thence along said line South 64° 01' 41" East, 275 feet more or less to the POINT OF BEGINNING. -DESCRIPTION EEPARED DY ja/C-htti ;ETC; t taTi5.00:22-- 5- Item No. 1 - AB # 22,321 June 21, 2016 Page 12 of 20 Legend 11=11 Hub Park Lease Area Date Printed: 6/1512016 -Image Dale: Fall 2014 JARequestsMarch2015 CityManagert00016430 16 1,000 500 0 1,000 C=C=I II. Feet Exhibit 2— Hub Park Lease Area Item No. 1 - AB # 22,321 June 21, 2016 Page 13 of 20 Date Printed: 6/15/2016 -Image Date: Fall 2014 ..14RequesteMarch2015/CilyManager \ 00016430_16 Legend =I Hub Park Lease Area I=1 Open Space Deed Restriction CM Utility Easement / Powerline Corridor 1,000 500 0 1,000 Feet Exhibit 3 — Hub Park Lease Area Constraints Item No. 1 - AB # 22,321 June 21, 2016 Page 14 of 20 EXHIBIT 4 nited-i.o( b c kd }DA) viick 6 a PROPOSAL FOR PUBLIC ACCESS AND TRAIL PROJECT ON HUB PARK/PROPOSITION D OPEN SPACE LANDS Item No. 1 - AB # 22,321 June 21, 2016 Page 15 of 20 PROPOSAL FOR PUBLIC ACCESS AND TRAIL PROJECT ON HUB PARK/PROPOSITION D OPEN SPACE LANDS I. INTRODUCTION AND CONTEXT This is a citizen group prepared proposal for the city to construct a public trail project on the Hub Park/Proposition 0 Open Space lands located south of the Agua Hedionda Lagoon. In 1975, the city entered into a lease agreement with San Diego Gas and Electric Company ("Hub Park Lease") that granted the city the legal right to use a portion of the company's land located south of the Agua Hedionda Lagoon for public park and recreational uses. The Hub Park Lease consists of 91 acres and was granted as a condition for the city approving a Specific Plan which allowed the expansion of operations at the Encina Power Plant. The lease would allow public access to and the construction of a trail project. The trail project described in this proposal would be located on the Hub Park Lease area. Proposition D was approved by Carlsbad voters in 2006 and placed a permanent open space designation on approximately 155 acres of land south of Agua Hedionda Lagoon and north of Cannon Road. The Hub Park Lease area is part the Proposition D open space land. The Proposition stated, in part, that the purpose was "to allow public use, access and community gathering places to occur in the area". The Permitted Use Section of the Proposition specifically lists public trails as a permitted use. Therefore, the public trail project described in this proposal is consistent with Proposition D. Proposition C was approved by Carlsbad voters in 2002 and provided the city with authorization to spend more than $1 million on several projects including open space and trails. In the city's 2012-13 Budget, the City Council transferred $5 million of the Proposition C funds to a line specific item for open space and trails. Therefore, funds are available to construct the trail project described in this proposal and the voters have already given authorization to use the funds for this type of project. The trail project is also consistent with the city's existing Citywide Trail Plan. That plan shows a future trail in the same general location as the trail shown in this proposal. The trail project is also consistent with the standards and guidelines contained in the "Citywide Trails Report" previously prepared by the city. An important feature of the project is that it has been planned in a manner that allows viable connections/linkage to other existing and future trails as shown in the Citywide Trail Plan and as further described in detail in the Project Description section of this proposal. As such, this project could be viewed as Phase 1 of a larger, future trail project(s) that would provide public access to the entire south shore of Agua Hedionda Lagoon as well as other areas of the city. There was community disagreement recently over a development project located adjacent to the Hub Park/Proposition D Open Space lands (Measure A). Citizens on both sides of this issue were in agreement, however, in their desire to have public access and trails on the open space lands. The vision of this proposal for the construction of a trail project on Hub Park is to take a major step in unifying the community. Item No. 1 - AB # 22,321 June 21, 2016 Page 16 of 20 II. DETAILED DESCRIPTION OF TRAIL PROJECT Except for an entrance off Cannon Road, the proposed trail project would be located entirely on the city's Hub Park Lease area and is shown on Attachment 1 to this proposal (Proposed Trail Plan). It would be approximately one mile in length, 8 feet wide, unpaved and available for both hiking and biking users. The trail would be located outside of and setback from the City's Habitat Management Plan preserve boundaries and split-rail fencing is proposed along the edge of the trail closest to the preserve. Access to the trail project would be provided by an entrance off Cannon Road at the existing, signalized intersection of Cannon Road and Grand Pacific Drive. A small, unpaved parking area could be provided next to the entrance. Some grading of the existing slope located on the north side of Cannon Road would be required. Additional trail amenities being proposed include three picnic areas with tables, benches and shade structures and two vista points with benches. The location of these trail amenities are also shown on Attachment 1. With these amenities, the trail project will not only provide for recreational use but for community gathering spaces for social interaction. The vista points will provide for spectacular views of the lagoon. The trail project has been planned to allow for connections/linkage to existing and future trails as shown on the Citywide Trail Plan. These trail linkage points are shown on Attachment 2 to this proposal (Trail Linkage Map). These trail linkage points include: 1) a westerly connection to remaining open space on the south shore of Agua Hedionda Lagoon; 2)a southerly connection to the previously constructed under-crossings at Cannon Road and Armada Drive which would provide a continuous trail linkage to the existing trails near LegoLand, on the Municipal Golf Course and on Veterans Memorial Park; 3) a possible easterly connection to the Agua Hedionda Lagoon Foundation Discovery Center; and 4) a potential, northerly connection which could provide public, pedestrian access to the existing, sand beaches located along the south shore of Agua Hedionda lagoon. III. COST ESTIMATES FOR TRAIL PROJECT The cost estimates for the construction of the Hub Park Trail Project utilized the "Citywide Trails Report" previously prepared by the city (adjusted for rate of inflation), citizen research and input from construction professionals. Because the Hub Park Lease area has been farmed in the past, the estimate also provides for soil testing. The estimates are as follows: Trail Construction (clearing, grubbing, grading)-$207,000 Trail Amenities (3 picnic tables,3 sun shade structures, 4 vista sitting benches, 5 trash receptacles with dog-waste bag dispensers-$57,800 Split-Rail Fencing (adjacent to entire HMP preserve boundaries)-$120,000 Storm Water Runoff Prevention Measures and Erosion Control-$30,000 Soil Testing-$10,000 Total Project Cost Estimate-$424,800 IV. REQUESTED CITY COUNCIL ACTION It is requested that the City Council indicate its support for the Hub Park Trail Project as presented in this proposal and refer it to staff to determine the appropriate and applicable procedures for processing the project including environmental review and the opportunity for maximum public input and review. Item No. 1 - AB # 22,321 June 21, 2016 Page 17 of 20 V. ATTACHMENTS Attachment 1. Hub Park Proposed Trail Plan Attachment 2. Hub Park Trail Linkage Map Item No. 1 - AB # 22,321 June 21, 2016 Page 18 of 20 LEGEND: • PROPOSED TRAIL PICNIC AREA VISTA POINT HMP HARDLINE HUB PARK LEASE PROP. D LAND 0 500 1,000 Feet HUB PARK PROPOSED TRAIL PLAN AGUA HEDIONDA LAGOON c4^1 'oN RoAD Item No. 1 - AB # 22,321 June 21, 2016 Page 19 of 20 AGUA HEDIONDA LAGOON \ 6") ' I — LEGEND: PROPOSED TRAIL PICNIC AREA • VISTA POINT HMP HARDLINE ) FUTURE TRAIL LINK HUB PARK TRAIL LINKAGE MAP ci 0 500 1,000 Feet Item No. 1 - AB # 22,321 June 21, 2016 Page 20 of 20 Gary T. Barberio, Assistant City Manager June 21, 2016 Hub Park Lease Today’s Agenda •Purpose •Lease history •Lease provisions •Opportunities •Constraints & challenges •Staff recommendation Purpose •Community member inquiries •City Council member request Lease History •Result of activities initiated by SDG&E •Encina Power Plant •Macario Refinery proposal •Entered into in 1975 •±96 acres on Agua Hedionda Lagoon south shore Lease Provisions •60-year lease through 2035 –Four extensions for 99 years or through 2074 •$14,000 annual rent –Adopted plan and permits in place •One-year notice to SDG&E to allow agricultural lease termination Opportunities •96 acres •South shore lagoon location and views •Carlsbad Community Vision •Consistent with OSCRMP and draft Trails MP •Prop C –Open Space and trails fund •Future trail connections Constraints & Challenges •Property deed restrictions •Land Use/ Zoning Policies, Regulations And Permits •Environmental •Physical •Legal and Lease considerations Summary •Opportunities exist •Constraints and challenges are numerous •Will require significant effort, time and resources Recommendation •Consider merits at the next City Council Goal Setting Workshop •If, after goal setting workshop, City Council decides to move forward: –Staff will develop comprehensive work plan process, schedule, budget –Present work plan to City Council Questions? SOUTH SHORE TRAILS PROPOSAL FOR PUBLIC ACCESS AND TRAIL PROJECT ON HUB PARK/PROPOSITION D OPEN SPACE LANDS JUNE 21 2016 Photo: FluxPhotography@gmail.com ENVISION CARLSBAD NOVEMBER 2009 PICNIC AREAS, VISTA POINTS, LINKED TRAILS 2013: What do Carlsbad residents want? Parks Needs Assessment concludes: CARLSBAD’S IMAGINATION 2015 THIS IMAGE CAPTURES THE PROPOSAL AND CONTEXT •Citizen group prepared proposal. •Hub Park Lease allows for public access and trail use. •Complies with Proposition D •Funds Available from Proposition C •Consistent with City Trail Plan •Project Vision will help to unify the community •Located on Hub Park Lease area •1 mile in length •8 feet wide –unpaved •Hiking and bike use •Access off Cannon Road •Trail Amenities –Public gathering places, picnic areas, and vista points •Potential connections and linkage to existing and future trails DESCRIPTION OF TRAIL PROJECT HUB PARK PROPOSED TRAIL PLAN HUB PARK TRAIL LINKAGE MAP III. COST ESTIMATES FOR TRAIL PROJECT•Trail Construction: $207,000 •Trail Amenities: $57,800 •Split Rail Fencing: $120,000 •Storm Water Runoff: $30,000 •Soil Testing: $10,000 Total Cost Estimate: $424,800 REQUESTED CITY COUNCIL ACTION Demonstrate support for the Agua Hedionda South Shores Trail Project today! Say Yes! •Direct Staff to concurrently: 1.Begin Public Outreach. 2.Initiate trail design/technical studies for CEQA process. 3.Immediately Consult with the California Coastal Commission. 4.Publish project timeline. •Allocate project funding at upcoming budget workshop Thank you for your support! * * Read & understand the plan Tour the property Review the cost estimates Key considerations before moving forward Does the City currently have all the necessary rights to provide public access to the property? Do the cost estimates reflect the total cost of completing this project? Does the plan fully provide for public safety? * * P V P P V -View PointV -Picnic AreaP * The City does not currently have rights to the land for the entry driveway and parking lot. (SDG&E owned Parcel 11) The City would have to negotiate with SDG&E for that NEW access. There is a dramatic grade change from the road to the proposed parking area. Does the City currently have all the necessary rights to the property? Parking * Grade difference from street to parking area of 20+ feet will require significant engineering & grading. “Some grading of the existing slope located on the north side of Cannon Road will be required.” How much will this work cost? Evaluating the Cost Estimates * What will it cost to engineer and construct the necessary median modifications and new turn lane? Evaluating the Cost Estimates * Evaluating the Cost Estimates * Will the Coastal Commission require the removal of invasive plants and the restoration of native vegetation as they have for other projects? How much would this work cost?Is this the type of vegetation you want to hike through? Evaluating the Cost Estimates * Proposed trail alignment goes straight up this steep incline instead of incorporating switchbacks as were previously proposed. The trail is proposed as mixed-use for biking & hiking. The potential for bikers coming down this hill at high speeds creates a dangerous condition for hikers & families. Does the plan fully provide for public safety? * Does the plan fully provide for public safety? P V P P V -View PointV -Picnic AreaP During the recent election campaign there was considerable concern raised about the “post-agricultural land” and its condition. The following standards were put forth for the previous plan and should also apply to the current proposal: What level of toxaphene exposure would you say is acceptable for you, your friends and family, for the hiking and biking trails, picnic areas and other passive recreational activities promised…..? Fails to call for detailed sampling and analysis of those parts of other passive recreational activities (P-OS areas) that contain elevated post-agricultural land slated for hiking and biking trails, picnic areas and levels of toxaphene. Fails to discuss the potential release of hazardous materials in the P-OS areas, and fails to discuss potential soil remediation efforts. Fails to discuss the potential impact on hazards if contaminated soil would be removed from the project site. * Does the plan fully provide for public safety? Source: www.citizensfornorthcounty.org * *Hub Park was rejected as a viable park during the city’s extensive Growth Management planning process. Why is it a better idea now than it was then? *This plan is much more complicated and costly than what has been suggested in the proposal. Costs not accounted for include: *New entry driveway & parking lot area *New left-turn lane and median modifications *Environmental review conforming to CEQA *Potential extensive habitat restoration *Potential soil remediation & removal *Adding such a complex project, with unknown total costs,in the last days before next year’s budget adoption does not seem to make good civic or business sense.