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HomeMy WebLinkAbout2021-05-11; City Council; ; Right of Entry Permit with the State of California Department of Parks & Recreation to Maintain the Upper Picnic Facilities at Tamarack State Beach and the Coastal BluffMeeting Date: May 11, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Tim Selke, Parks Services Manager tim.selke@carlsbadca.gov, 760-434-2857 Subject: Right of Entry Permit with the State of California Department of Parks & Recreation to Maintain the Upper Picnic Facilities at Tamarack State Beach and the Coastal Bluff at Tamarack/Frazee State Beach District: 1 Recommended Action Adopt a resolution authorizing a right of entry permit with the California Department of Parks & Recreation to maintain the upper picnic facilities at Tamarack State Beach and the coastal bluff at Tamarack/Frazee State Beach. Executive Summary On May 20, 2014, the City of Carlsbad entered into an initial right of entry permit with the California Department of Parks & Recreation to improve and maintain the upper picnic facilities at Tamarack State Beach and the coastal bluff at Tamarack/Frazee State Beach for a term of one year (City Council Resolution No. 2014-098). The intent of the permit was to provide enhanced coastal experiences for residents, business owners and visitors of the City of Carlsbad. The City Council directed staff to initiate discussions with the state on the potential for the city to assume such services – both in the short-term and in the long term. Based upon the successful results achieved at these sites within the initial term of the permit, the city and the state entered into permits in 2015, 2016, 2017, 2018, 2019 and 2020 (City Council Resolution Nos. 2015-118, 2016-089, 2017-073, 2018-065, 2019-064 and 2020-082). Staff recommends the authorization of another permit beginning May 20, 2021 and ending May 19, 2022. The City Council is being asked to authorize this permit, consistent with the Carlsbad Municipal Code, because it represents an agreement to provide professional services to the state that will cost the city more than $100,000 over the course of the one-year term. Discussion The boundary of the picnic facilities is shown in the attached aerial photograph (Exhibit 2). The area includes approximately 1.5 acres of passive turf, hardscape, raised planters, trees, picnic tables and benches, trash receptacles, two showers, a drinking fountain, a stairway with adjacent hand railing, a blockhouse restroom and a wastewater pump station. The boundary of the coastal bluff is depicted in the attached aerial photograph (Exhibit 3). The bluff area approximately 4.8 May 11, 2021 Item #1 Page 1 of 17 acres of slopes that contain a predominantly native plant material and a permitted/improved footpath near the northern and southern ends of the boundary. The city and state entered into the initial permit on May 20, 2014, for a term ending on May 19, 2015. The permit allowed the city to: 1) Enter onto the picnic facilities solely for the purpose of “maintaining landscaping, irrigation systems, hardscapes, and daily facility housekeeping tasks for the comfort station (i.e. blockhouse restroom)” 2) Enter onto the coastal bluff solely for the purpose of “revegetating native coastal bluff habitat, retrofitting/expanding existing irrigation system, and maintaining said vegetation and irrigation system” The intent of the initial permit was to allow the city a means of entering the area to commence improvement and maintenance services. Along with approving the permit, the City Council allocated a total of $899,930 for corresponding one-time improvements, and $115,000 per year for corresponding ongoing maintenance. Under the initial permit, the city achieved the following results at the Picnic Facilities: • Pruned or removed trees/shrubs and renovated turf areas • Retrofitted irrigation systems and re-landscaped planters • Replaced corroded steel handrails with aluminum handrails • Replaced dilapidated benches, tables and trash receptacles • Installed a drinking fountain and two outside showers • Refurbished the restroom building In addition, the City achieved the following results at the Coastal Bluff: • Removed invasive and non-native plants • Installed an on-grade irrigation system • Planted over 5,000 native plants • Erected post and cable fencing Both of these sites were also placed on regularly scheduled maintenance programs. Based on the successful results achieved at these sites under the initial permit, the city and state entered into permits for subsequent years. The city’s desire is to execute a long-term agreement with the state that would allow for continuation of the services identified in the permit, as well as the potential for expanding maintenance and operations services to other state-owned properties within the city. At the City Council’s direction, staff has held several meetings with representatives of the state’s local and district offices to discuss the potential for a long-term operating agreement on the picnic facilities, coastal bluff, and other state-owned properties. As no long-term agreement has been realized to date, staff recommends the authorization of another permit on the picnic facilities and coastal bluff for one year, beginning May 20, 2021, and ending May 19, 2022. According to the state, a permit can only be issued in a term of one year. Options May 11, 2021 Item #1 Page 2 of 17 The following options are provided for the City Council’s consideration: 1. Authorize a right of entry permit with the California Department of Parks & Recreation to maintain the upper picnic facilities at Tamarack State Beach and the coastal bluff at Tamarack/Frazee State Beach Pros • Continue to provide enhanced coastal experiences for residents, business owners and visitors of the City of Carlsbad Cons • Funding cannot be used for another purpose 2. Do not authorize a right of entry permit with the California Department of Parks & Recreation to maintain the upper picnic facilities at Tamarack State Beach and the coastal bluff at Tamarack/Frazee State Beach Pros • Resources could be allocated to other priority areas Cons • Potential for decreased service level standards • Possible negative experience for users of the facilities and surrounding areas Fiscal Analysis Sufficient operating funds to address ongoing maintenance needs are available in the adopted fiscal year 2020-21 Parks Maintenance Budget and funds required in FY 2021-22 will be requested in the Parks Maintenance Budget. Next Steps Staff will continue to administer the maintenance of the picnic facilities and the coastal bluff according to city’s program standards, through May 19, 2022. During that period, staff will also continue the discussions with the state on a long-term operating agreement for these properties, and other state-owned beach properties. Environmental Evaluation (CEQA) The project is exempt from the California Environmental Quality Act per State Guidelines Section 15301 – “Existing Facilities,” including maintenance of existing landscaping, including native growth, which involves negligible or no expansion of use. Public Notification and Outreach Public notice of this item was posted in keeping with the state's Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. City Council resolution 2. Aerial photo depicting the boundaries of Tamarack State Beach Upper Picnic Facilities 3. Aerial photo depicting the boundaries of Tamarack/Frazee State Beach coastal bluff May 11, 2021 Item #1 Page 3 of 17 RESOLUTION NO. 2021-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING A RIGHT OF ENTRY PERMIT WITH THE STATE OF CALIFORNIA DEPARTMENT OF PARKS & RECREATION TO MAINTAIN THE UPPER PICNIC FACILITIES AT TAMARACK STATE BEACH AND THE COASTAL BLUFF AT TAMARACK/FRAZEE STATE BEACH WHEREAS, on May 20, 2014, the City of Carlsbad (City) entered into an initial Right of Entry Permit (Permit) with the State to improve and maintain the Upper Picnic Facilities (Picnic Facilities) at Tamarack State Beach and the Coastal Bluff at Tamarack/Frazee State Beach (Coastal Bluff) for a term of one year; and WHEREAS, the intent of the Permit was to provide enhanced coastal experiences for residents, business owners, and visitors of the City of Carlsbad; and WHEREAS, with that action, the City Council allocated $899,930 in corresponding one-time improvements for these areas, and $115,000 per year in corresponding continuing maintenance; and WHEREAS, the City Council directed staff to initiate discussions with State staff on the potential for the City to assume improvement and maintenance services from the State both in the short-term, and in the long term — at the Picnic Facilities and at the Coastal Bluff; and WHEREAS, based upon the successful results achieved at these sites within the initial term of the Permit, on May 19, 2015, the City Council adopted Resolution No. 2015-118 authorizing a new Permit, beginning May 20, 2015, and ending May 19, 2016; and WHEREAS, both the City and the State expressed an interest in entering into a new Permit for an additional year, on May 17, 2016, the City Council adopted Resolution No. 2016-089 approving a new Permit, beginning May 20, 2016, and ending May 19, 2017; and May 11, 2021 Item #1 Page 4 of 17 WHEREAS, both the City and the State expressed an interest in entering into a new Permit for an additional year, on May 9, 2017, the City Council adopted Resolution No. 2017-073 approving a new Permit, beginning May 20, 2017, and ending May 19, 2018; and WHEREAS, both the City and the State expressed an interest in entering into a new Permit for an additional year, on May 8, 2018, the City Council adopted Resolution No. 2018-065 approving a new Permit, beginning May 20, 2018, and ending May 19, 2019; and WHEREAS, both the City and the State expressed an interest in entering into a new Permit for an additional year, on May 14, 2019, the City Council adopted Resolution No. 2019-064 approving a new Permit, beginning May 20, 2019, and ending May 19, 2020; and WHEREAS, both the City and the State expressed an interest in entering into a new Permit for an additional year, on May 5, 2020, the City Council adopted Resolution No. 2020-082 approving a new Permit, beginning May 20, 2020, and ending May 19, 2021; and WHEREAS, at the City Council's direction, staff held several meetings with representatives from the State's local and district offices between 2014 and 2020 to discuss the potential for a long-term operating agreement on the Picnic Facilities, the Coastal Bluff, and other State-owned beach sites; and WHEREAS, staff recommends the authorization of a new Permit to maintain the Picnic Facilities and the Coastal Bluff for another year, beginning May 20, 2021, and ending May 19, 2022; and WHEREAS, to address maintenance needs, sufficient operating funds are available in the adopted FY 2020-21 Parks Maintenance Budget and requested FY 2021-22 Parks Maintenance Budget. WHEREAS, the City Planner has considered the potential environmental effects of this project and has been determined it to be exempt from environmental review per CEQA Guidelines Section 15301(h), Existing Facilities, and that no exception to the exemption as set forth in CEQA Guidelines section 15300.2 applies. May 11, 2021 Item #1 Page 5 of 17 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 City Council does hereby authorize and direct the Mayor to execute the Permit with the State to maintain the Picnic Facilities and the Coastal Bluff for one year, which is attached to this Resolution as Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of May, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. -Ii(cfr6/7-/eil. MATT HALL, Mayor A(14Ari-)4) fvy. BARBARA ENGLESON, City Clerk (SEAL) May 11, 2021 Item #1 Page 6 of 17 May 11, 2021 Item #1 Page 7 of 17 May 11, 2021 Item #1 Page 8 of 17 May 11, 2021 Item #1 Page 9 of 17 May 11, 2021 Item #1 Page 10 of 17 May 11, 2021 Item #1 Page 11 of 17 May 11, 2021 Item #1 Page 12 of 17 STATE OF CALIFORNIA CITY CIF CARLSBAD, Department of Parks and Recreation By: By: Name: Gina Moran Title: District Superintendent II San Diego Coast District 4477 Pacific Highway San Diego, CA 92110 (619) 688-3356 Gina.Moran@parks.ca.gov Name: Matt Hall Title: Mayor City Hall 1200 Carlsbad Village Dr. Carlsbad, CA 92008 (760) 434-2820 council@carlsbadca.gov Rev. 7118/2017 7 of 7 May 11, 2021 Item #1 Page 13 of 17 Limit of Work Exhibit "A" Limit of Work Tamarack Upper Picnic Facilities Carlsbad State Beach 0 50 100 200 300 Feet NORTH May 11, 2021 Item #1 Page 14 of 17 Exhibit "B" Limit of Work Native Bluff Restoration Carlsbad State Beach 1,000 0 250 500 i Feet May 11, 2021 Item #1 Page 15 of 17 Exhibit 2 May 11, 2021 Item #1 Page 16 of 17 Exhibit 3 May 11, 2021 Item #1 Page 17 of 17