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HomeMy WebLinkAbout2018-06-12; City Council; ; Memorandum of Understanding between the San Diego Association of Governments (SANDAG) and the City of Carlsbad regarding the Regional Shoreline Monitoring ProgramCA Review _t/i_ ~ CITY COUNCIL • Staff Report Meeting Date: To: From: Staff Contact: Subject: June 12, 2018 Mayor and City Council Kevin Crawford, City Manager Kyle Lancaster, Parks Services Manager kyle.lancaster@carlsbadca .gov, 760-434-2941 Memorandum of Understanding between the San Diego Association of Governments and the City of Carlsbad, regarding the Regional Shoreline Monitoring Program Recommended Action Adopt a Resolution authorizing the Mayor to execute a Memorandum of Understanding between the San Diego Association of Governments and the City of Carlsbad, regarding the Regional Shoreline Monitoring Program. Executive Summary On June 3, 1997, the City Council adopted a resolution to support the San Diego Association of Governments (SANDAG) Shoreline Erosion Committee's annual Regional Shoreline Monitoring Program (Program), and the development of a proposal for a long-term beach replenishment program (Resolution No. 97-470). In 2001, SANDAG completed the Regional Beach Sand Project (RBSP), which placed approximately 2.1 million cubic yards of clean, beach-quality sand on twelve eroding beaches in San Diego County. On May 5, 2009, the City Council adopted a resolution which authorized the execution of a Memorandum of Understanding (MOU), partnering with seven other cities in San Diego County and SAN DAG, to conduct RBSP 11, and agreeing to a cost share allocation of the funding required · for the project (Resolution No. 2009-084). In 2012, SAN DAG completed the RSBP II, depositing approximately 1.5 million cubic yards of clean, beach-quality sand on eight eroding beaches in San Diego County. On November 18, 2016, SAN DAG Board of Directors approved continuation of the Program for an additional five-year period. SAN DAG is requesting that each city partnering in the Program authorize the execution of a new MOU, committing to funding its proportional share of the biological and shoreline monitoring from FY 2018 through FY 2022. The City of Carlsbad's proportional share for these activities is $21,590 (avg.) per year. City Council authorization is requested because the MOU requires the parties to indemnify each other, and City Council has not delegated authority to staff to enter into this type of agreement. June 12, 2018 Item #8 Page 1 of 9 Discussion On June 3, 1997, the City Council adopted a resolution to support the SAN DAG Program, and the development of a proposal for a long-term beach replenishment program (Resolution No. 97- 470). The Program measu res changes in beach widths over time, documents the benefits of sand replenishment projects, and helps to improve the design and effectiveness of beach fills. The Program has historically been paid for on an annual schedule, by San Diego County coastal cities, based on the linear miles of coast within their respective boundary. In 2001, SANDAG completed the RBSP, a $17.5M project which placed approximately 2.1 million cubic yards of clean, beach-quality sand on twelve eroding beaches in San Diego County. Those beaches extended from the City of Imperial Beach at the south, to the City of Oceanside at the north. The coast within the City of Carlsbad's boundary was a major recipient from the project, receiving a total of 400,000 cubic yards of beach sand. The RBSP was a first of its kind regional project on the west coast that demonstrated the feasibility of beach replenishment in San Diego County. According to SAN DAG officials, the project met the objective of replenishing the region's beaches, without negatively impacting the environment. In 2008, SAN DAG began the preliminary planning activities assqciated with rebuilding the many of the beaches addressed in the RBSP, with a follow-up project known as the RBSP II. SAN DAG was awarded $19.5M in funding from the California Department of Boating and Waterways, covering approximately 85% of the estimated project cost for the RBSP II. SAN DAG requested that each city partnering in the project enter into a MOU, committing to the funding of its proportional share of the remaining 15% of the project costs. On May 5, 2009 the City Council adopted a resolution authorizing the execution of a MOU, partnering with seven other cities in San Diego County and SAN DAG, to conduct the RBSP II, and agreeing to a cost share allocation of the funding required for the project (Resolution No. 2009-084). The City of Carlsbad's proportional share for this first phase of the project was $41,936. SAN DAG subsequently requested that each city partnering in RBSP II authorize the execution of an amendment to the MOU. On January 25, 2011, the City Council authorized the execution of Amendment No. 1 to the MOU, affirming its support of RBSP II, and committing to funding: (a) the City of Carlsbad's proportional share of the biological and shoreline monitoring for a six year period -from FY 2012 to FY 2017; (b) the contingency needed to fulfill permitting requirements; and (c) the project's construction management (Resolution No. 2011-010). The City of Carlsbad's proportional share for this second phase of the project was $65,150, including the biological and shoreline monitoring of FY 2012. Beginning in FY 2013, funding for the City of Carlsbad's proportional share for the biological and shoreline monitoring was included in the Beach Preservation Operating Budget. The City of Carlsbad's proportional share for these activities was $16,722 per year. In 2012, SANDAG completed the RSBP U, depositing approximately 1.5 million cubic yards of clean, beach-quality sand on eight eroded beaches from Imperial Beach to Oceanside. The coast within the City of Carlsbad's boundary received a total of 358,000 cubic yards of beach sand from the project. June 12, 2018 Item #8 Page 2 of 9 On November 18, 2016, SAN DAG Board of Directors approved continuation of the Program for an additional five-year period. On September 30, 2017, SANDAG entered into an agreement with BRG Consulting, Inc., to carry out the biological and shoreline monitoring for the Program -from FY 2018 through FY 2022. SAN DAG is requesting that each city partnering in the Program authorize the execution of a new MOU, committing to funding its proportional share of the biological and shoreline monitoring for a five year period -from FY 2018 through FY 2022. The City of Carlsbad's proportional share for these activities is $21,590 (avg.) per year. Fiscal Analysis The proportional share for these activities will be billed by SAN DAG to the cities partnering in the Program at the beginning of each fiscal year. Sufficient funds are available in the Beach Preservation Operating Budget to address the City of Carlsbad's proportional share for these activities. The City of Carlsbad's total commitment to funding its proportional share for the biological and shoreline monitoring over the five-year period of the MOU is $107,950. Next Steps SAN DAG will fully execute the MOU, upon the receipt of like MOUs from the other cities partnering in the Program, and will continue to administer the agreement for the biological and shoreline monitoring, through FY 2022. The City of Carlsbad will continue to annually fund its proportional share for these activities. Environmental Evaluation (CEQA) The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15306 -Information Collection, which consists of 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,orfunded. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council Resolution June 12, 2018 Item #8 Page 3 of 9 RESOLUTION NO. 2018-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CARLSBAD, REGARDING THE REGIONAL SHORELINE MONITORING PROGRAM l \! !In! I 1 WHEREAS, on June 3, 1997, City Council adopted a resolution to support the San Diego Association of Governments (SANDAG) Shoreline Erosion Committee's annual Regional Shoreline Monitoring Program (Program), and the development of a proposal for a long-term beach replenishment program (Resolution No. 97-470); and WHEREAS, in 2001, SANDAG completed the Regional Beach Sand Project (RBSP), which placed approximately 2.1 million cubic yards of clean, beach-quality sand on twelve eroding beaches in San Diego County; and WHEREAS, in 2008, SANDAG began the preliminary planning activities for a project associated with replenishing several of the beaches addressed with the RBSP; and WHEREAS, this project subsequently became known as RBSP II; and WHEREAS, on May 5, 2009, City Council adopted a resolution which authorized the execution of a Memorandum of Understanding (MOU), partnering with seven other cities and SANDAG, to conduct RBSP II, and agreeing to a cost share allocation of the funding (Resolution No. 2009-084); and WHEREAS, on January 25, 2011, City Council authorized execution of Amendment No. 1 to the MOU, affirming support of RBSP II, and committing associated funding (Resolution No. 2011-010); and WHEREAS, in 2012, SANDAG completed the RSBP 11, depositing approximately 1.5 million cubic yards of clean, beach-quality sand on eight eroding beaches in San Diego County; and WHEREAS, on November 18, 2016, SAN DAG Board of Directors approved continuation of the Program for an additional five-year period; and June 12, 2018 Item #8 Page 4 of 9 WHEREAS, SANDAG is requesting that each city partnering in the Program authorize the execution of a new MOU, committing to funding its proportional share of the biological and shoreline monitoring from FY 2018 through FY 2022; and WHEREAS, the City of Carlsbad's proportional share for these activities is $21,590 (avg.) per year, with a five year total of $107,950 and WHEREAS, sufficient funds are available in the Beach Preservation Operating Budget; and WHEREAS, staff recommends the execution of a new MOU between SANDAG and the City of Carlsbad, regarding the Regional Shoreline Monitoring Program. 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. The Mayor is authorized and directed to execute the MOU with SAN DAG regarding the Regional Shoreline Monitoring Program, which is attached hereto as Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of June, 2018, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher. None. M. Packard. (SEAL) June 12, 2018 Item #8 Page 5 of 9 ATTACHMENT A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO A5SOCIATION OF GOVERNMENTS AND THE CITY OF CARLSBAD REGARDING REGIONAL SHORELINE MONITORING PROGRAM CoNTRACT sOO5322 ^r\ This Mqmorandum of Understanding ("MOU") is made and entered into effective as of this'& aay ot Jld@.--nflfi by and between the San Diego Association of Governments ("SANDAG") and the City of Carlsbad, RECITALS The following recitals are a substantive part of this Agreement: WHEREAS, SANDAG's Regional Shoreline Monitoring Program ("Program") began in 1996 to measure the changes in beach width over time, document the benefits of sand replenishment projects, and help to improve the design and effectiveness of beach fills; and WHEREAS, this comprehensive approach to monitoring the shoreline provides data that can document changes to the shoreline over time and provides important information to decision- makers when beach replenishment efforts are contemplated; and WHEREAS, the Program has historically been paid for on a yearly basis by coastal cities based on miles of sandy shoreline; and WHEREAS, the coastal cities are notified regarding their contribution for the subsequent year's monitoring efforts during the spring of each year; and WHEREAS, on November 18, 2016, the SANDAG Board of Directors approved continuation of the Program for an additional five-year period and authorized the Executive Director to execute all documents necessary to implement the Program; and WHEREAT SANDAG entered into an agreement with BRG Consulting, lnc on September 30,2017, to carry out beach monitoring activities for the Program from fall 2017 to spring 2022 based on the costs shown in Attachment 1; and WHEREAS, the parties wish to memorialize their agreement in this MOU to carry out the purposes set forth above; AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: SANDAG AGREES: To bill the City of Carlsbad for its proportionate share of the Program in July of each year through July 2021 as shown in Attachment 1. 1 2. Neither the City of Carlsbad nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU. lt is understood and agreed that, pursuant to Government Code Section 895.4 SANDAG shall fully defend, indemnify and save harmless City of Carlsbad, all officers, and employees from all ctaims, suits or actions of every name, kind. and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU' THE CITY OF CARLSBAD AGREES: 1. To pay its proportionate share of the Program through July 2021 as shown in Attachment 1. Z, Neither SANDAG nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City of Carlsbad under or in connection with any work, authority, or jurisdiction delegated to the City of Carlsbad under this MOU. lt is understood and agreed that, pursuant to Government Code Section 895.4 the City of Carlsbad shall fully defend, indemnify, and save harmless SANDA6, all officers, and employees from all claims, suits, or actions of every name, kind. and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City of Carlsbad under or in connection with any work, authority. or jurisdiction delegated to City of Carlsbad under this MOU. THE PARflES MUTUALLY AGREE: l. That all obligations of SANDAG under the terms of this MOU are subject to the appropriation of the required resources by SANDAG and the approval of the SANDAG Board of Directors. Z. 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: San Diego Association of Governments Attention: Sarah Pierce 401 B Street, Suite 800 San Diego, CA 92101 For the City of Carlsbad: City of Carlsbad Attention: Kasia Tronjanowska 1200 Carlsbad Village Drive Carlsbad, CA 92008 3. That unless it is amended by the parties in writing, this MOU shall terminate on lune 30,2022, or on such earller or later date as the parties may agree to in writing. Or this MOU shall continue in effect unless and until a party to the MOU gives 50 days written notice of its desire to withdraw from the MOU, lf such notice is given, the MOU shall continue to be binding on those parties who have not formally withdrawn. 4. The indemnification provisions of this MOU shall survive termination of the MOU. 5. This MOU shall be interpreted in accordance with the laws of the State of California. lf 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. 2 6. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 7. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. B. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 9. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the parties to this MOU to third parties. 10. This MOU may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each party has signed one such counterpart. lN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF CARLSBAD k Chief Deputy Executive Director Mayor KIM APPROVED AS TO FORM APPROVED A5 TO FORM: u Counsel *0,b ce of Legal Counsel 3 ATTACHMENT 1Regional Shoreline Monitoring Program Costs1 Regional Shoreline Monitoring Program costs for FY 2018 were billed to each jurisdiction listed above in the summer or 2O1T2 One-half of the City of lmperial Beach payment will be paid for by the Port of San Diego.4Ftt 2022Cost$23,060$'to,g88s1O,67g$20,584$9,595i1z,us$61,590$s,417s1il,7UF\t 2021Costi22,4as$10,676$'lo,3z5$1g,eee$9,323$"t2,480$59,845$5,263$150,367Flr 2020Cost{21,759$10,373$10,081$19,431$9,058]lz,tz6t59,147$s,t 13$146,098FY 2019Cost$21,726$10,353$10,06t$19,393$e,040ftz.toz$sg,ogz$5,1 03$145'810Fy 2018Costr$19,989$9,szs$9,257$tl,u2$8,3t8$t t,t3s$sE,gg:$4ogs$134,154olo otTotal14.94o/o7.10o/o6.90o/o13.3oo/o6.2Oo/o8.30o/o39.8Oo/o3.50o/olO0o/oShoreline(miles)6.53.135.82.73.617.31.5It3.5JurisdictionCarlsbadCoronadoDel MarEncinitaslmperial Beach2OceansideSan DiegoSolana BeachTotal