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HomeMy WebLinkAbout2021-07-15; Agua Hedionda Lagoon Northshore Hubbs Trail Update (District 1); Barberio, GaryTo the members of the: Clll' COUNCIL Date 7 l,~'/21 CA ±-CC )l CM $_.ACM .:i:::._DCM (3).:6_ July 15, 2021 Council Memorandum To: Honorable Mayor Hall and Members of the City Council From: Gary Barberio, Deputy City Manager, Community Services Kyle Lancaster, Parks & Recreation Director Via: Geoff Patnoe, Assistant City Manager (@ {city of Carlsbad Memo ID #2021141 Re: Agua Hedionda Lagoon Northshore Hubbs Trail Update (District 1) This memorandum provides an update on the Agua Hedionda Lagoon Northshore Hubbs Trail. Background Development of a public access trail on the northern shore of the outer basin of the Agua Hedionda Lagoon was a condition of approval for the Hubbs-Sea World Research Institute, under a City of Carlsbad Conditional Use Permit (CUP No. 92-10, issued in 1992) and a California Coastal Commission Coastal Development Permit (CDP No. 6-93-113, issued in 1994). The trail also became a condition of approval for City of Carlsbad Special Use Permits (SUP Nos. 92-04 and 01-02) obtained to dredge the outer basin of the Agua Hedionda Lagoon. As a condition of the Coastal Commission's CDP, a dedication of land for the use of the public was required. That Irrevocable Offer to Dedicate (IOD) the land was obtained by the Coastal Commission from SDG&E in 1994. The IOD requires a municipality or non-profit organization to accept the dedication and the requirements delineated therein. The trail improvements were · to be completed within 120 days of the acceptance of the IOD. During 2006 and 2007, Cabrillo Power worked with the Agua Hedionda Lagoon Foundation (Foundation), to enable the Foundation to accept the subject IOD. On Oct. 3, 2006, a Memorandum of Understanding was executed between Cabrillo Power and the Foundation to document the requirements of the dedication, such as lia.bility insurance and trail maintenance. That Memorandum of Understanding states in part: 2. Cabrillo Power will complete any permitting required to construct the trail and required improvements as set forth in the Proposed Dedication and its dredging permit with the City of Carlsbad, and upon receipt of final permits, will proceed to construct the trail within 120 days after Foundation records an acceptance of the Proposed Dedication. Thereafter, so long as Cabrillo Power renews its dredging permit with the City of Carlsbad, Cabrillo Power will provide repair and maintenance of the trail and improvements, including providing for trash pickup at receptacles located along the trail. Cabrillo Power will pay the Foundation a monthly payment to defer expenses incurred by the Foundation in connection with the trail, including without Community Services Branch Parks & Recreation Department , 799 Pine Avenue, Suite 200 I Carlsbad, CA 92008 I 760-434-2826 t Council Memo -Agua Hedionda Lagoon Northshore Hubbs Trail Update {District 1) July 15, 2021 Page 2 limitation, liability insurance, scheduling volunteers to pick up trash and debris along the trail, and monitoring the condition of the trail, and other costs connected with ownership of a public access easement. The first payment of $3,000 per month will be made on January 15, 2007, and will continue thereafter at the same rate so long as Cabrillo Power renews its dredging permit with the City of Carlsbad. If the actual third party costs incurred by the Foundation exceed $36,000 per year, the Foundation may request an equitable adjustment in the monthly fee, but not to exceed a annual amount of $36,000 based upon an inflation rate using the year over year increase in inflation based upon the CPI using January, 2008 as the base year, applied to the applicable monthly fee in any future period. Cabrillo Power subsequently drafted the construction documents, conducted a bidding process, and awarded a construction contract. The construction of the trail was completed in 2007, with guidance/monitoring from the city's Parks Planning staff and Public Works Engineering staff. Near the conclusion of construction in 2007, a Management Plan for the Public Lateral Access Easement/North Shore Trail -Hubbs Link/ Agua Hedionda Lagoon Trail was prepared. That Management Plan states in part: Purpose. The easement is for the purpose of allowing public pedestrian and bicycle lateral access and passive recreational use along the shoreline. Trail construction consistent with the City of Carlsbad's Citywide Trail Maintenance Plan will implement the CDP required public access, and will be the subject of monitoring and maintenance by the Foundation. As such, the North Shore Trail -Hubbs Link will be incorporated into the citywide trail program. Maintenance. Maintenance of the public trail will be carried out by volunteer work parties, primarily under the direction of the Foundation, in partnership with the City and related citywide trail maintenance efforts. The Foundation will maintain the trail consistent with the standards and guidelines of the Citywide Trail Maintenance Plan. The Foundation will maintain liability insurance, and also will implement the attached Trail Maintenance Plan in partnership with the City of Carlsbad and Cabrillo Power. Agreement. Should the Agua Hedionda Lagoon Foundation cease to exist or fail to carry out its responsibilities pursuant to this approved Management Plan as determined by the Executive Director of the California Coastal Commission, or the Executive Officer of the State Coastal Conservancy, then the State Coastal Conservancy shall have a right of entry upon the exercise of which all right, title, and interest in the easement shall be vested in the State of California, acting by and through the State Coastal Conservancy or its successor in interest, or in another public agency or non-profit organization designated by the State Coastal Conservancy that has agreed to accept the easement. This right of entry shall be set forth in the Certificate of Acceptance/Certificate of Acknowledgement recorded by the Agua Hedionda Lagoon Foundation upon acceptance of the OTD. The foregoing is agreed to by and between the Agua Hedionda Lagoon Foundation, the Executive Director of the California Coastal Commission, and the Executive Officer of the State Coastal Conservancy. 2 Council Memo -Agua Hedionda Lagoon Northshore Hubbs Trail Update (District 1) July 15, 2021 Page 3 Discussion Since 2007, the City of Carlsbad has fulfilled its obligations under the above referenced Management Plan. Specifically, as referenced in the Purpose section, the subject trail has been incorporated into the citywide trail program. It is identified as Segment 7.1, Agua Hedionda Lagoon Northshore Hubbs Trail, an open space trail which is privatefy maintained. Additionally, as referenced in the Maintenance section, the city has periodically partnered with the Foundation to carry-out volunteer work parties, primarily under the direction of the Foundation. These work parties included the utilization of city Parks Planning staff, Trails Maintenance staff/vehicles/equipment, and citywide Trails Volunteers. In addition, as referenced in the·Maintenance section, the city has partnered with the Foundation and Cabrillo Power in ongoing maintenance efforts, by servicing several trash receptacles and dog waste bag stations at the trailheads (i.e., along Carlsbad Boulevard, and along Garfield Drive) multiple times every week. On March 18, 2021, staff received the attached proposal letter from the Foundation Program Lead, Emily Watts. Staff subsequently called Ms. Watts to advise that the city does not currently hold the responsibility, nor the operating budget, for the additional ongoing maintenance efforts described in the letter -i.e., litter/debris removal and trash collection along the balance of the trail. However, staff also informed Ms. Watts of a possib!e alternative concept for addressing the matter. As referenced in the Agreement section of the Management Plan, if the Foundation is no longer able to carry out its responsibilities, the State Conservancy can consider reassignment of the easement to a public agency, designated by the state, that has agreed to accept the easement. Staff offered to, if so desired, inquire with the Coastal Commission on the feasibility of reassigning the easement to the City of Carlsbad. If the Coastal Commission indicated the easement reassignment was feasible, staff could then seek review by the City Manager and direction from the City Council on whether to pursue it. Ms. Watts advised staff that she would pass along the easement reassignment concept for consideration. On March 31, 2021, the City Manager received an email from the Foundation Chief Executive Officer, Lisa Rodman, advising the Foundation was looking for some creativity beyond the response provided by staff. On June 3, 2021, the City Manager received an email from Ms. Rodman, which states in part, "Due to the closure of the power plant, NRG will no longer be able to provide trash services on our Hubbs trail as of June 15th. This leaves the Foundation with the following options: Remove all trash cans from the.trail so users must carry their trash to the city maintained trash cans at trail heads; Move our trash cans permanently to trail heads for easier pickup by city; Pay for trash pickup services on the trail. At this time I will begin posting signage that trash cans will be removed from the trail on June 15th." Between June 4 and 7, 2021, the Parks & Recreation Director exchanged several emails with Ms. Rodman and conversed by telephone regarding the above plan. The easement reassignment concept was further reviewed but did not receive substantial consideration. In addition, the entity roles and responsibilities specified in the above referenced Memorandum of Understanding and Management Plan were confirmed. 3 Council Memo -Agua Hedionda Lagoon Northshore Hubbs Trail Update (District 1) July 15, 2021 Page 4 On June 18, 2021, the Parks & Recreation Director exchanged emails with Ms. Rodman and conversed by telephone regarding the status of the trail's maintenance. Ms. Rodman indicated the Foundation Board of Directors met that morning and discussed the matter. Ms. Rodman further advised that the Board of Directors did not have an interest in pursuing the reassignment of the easement for this trail to the city for ongoing responsibility. The Board of Directors instead opted to remove all of the Foundation trash receptacles from the North Shore Agu~ Hedionda Lagoon Hubbs Trail, as of July 15, 2021, for a three month pilot program. The Foundation staff and/or volunteers are to monitor the trash accumulation along and adjacent to the trail during this three month pilot program period (i.e., July 15 to Oct. 15, 2021) and report the findings to the Board of Directors for potential further action. Ms. Rodman also indicated she had extended an offer to a candidate for a maintenance position that would be assigned to its trails. She was uncertain if the candidate would accept the offer, but her goal was to have the position filled on or about July 15, 2021. She did not provide the full scope of duties for the position, and it was unclear how the accumulation of trash along, and adjacent to, the trail was to be addressed, without having trash receptacles in place. The Parks & Recreation Director reiterated concerns for the potential overflowing of the city's trash receptacles at the trailheads rs a result of the removal of the Foundation's receptacles on the trail, especially considering the referenced three month pilot program period is during the peak season for the coastline. Ms. Rodman expressed confidence that the matter would be worked out. Due to the heavy use of the subject trail and adjoining fishing areas, as is briefly described in Ms. Watts' March 18, 2021, proposal letter, staff estimates that placing this trail under ongoing city-directed contractual maintenance (per the city's scope of work specifications) would require an annual expenditure of approximately $50,000. There are insufficient funds in the Parks Maintenance Operating Budget to account for such an expenditure without additional appropriations being authorized. Next steps Staff will ensure the city's maintenance contractor services the city's trash receptacles at the trailheads along Carlsbad Boulevard, and along Garfield Drive, per the contract specifications. Staff will also follow-up with Ms. Rodman near the end of their three month pilot program. Attachment A: Proposal Letter, dated March 18, 2021 cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Kristina Ray, Communications & Engagement Director Tim Selke, Parks Services Manager Kasia Trojanowska, Parks Planning Manager 4 AGUA HEDIONDA ~ LAGOON FOUNDATION Board of Directors Rachel lvanovich Chairperson Jani Jackson Vice-chair Stacy Hall Treasurer Lynnell Talone-Honda Secretary Christopher Crespo Maxwell Dana Gary Endres Fred Hale John Johnson George Piantka Diane Proulx Sam Ross Maureen Simons Thomas Stewart Jennifer Summers Staff Lisa Rodman Chief Executive Officer Samantha Richter Chief Operations Officer Cierra Russo Director of Virtual Programmin Emily Bonds Director of Education March 18, 2021 Attn: Michael Tully City of Carlsbad 799 Pine Avenue, Suite 200 Carlsbad, CA 92008-2428 Dear Mr. Tully, Attachment A The Hubbs trail, aka as the North Shores Trail, is a local hotspot for families, dog walkers, hikers and fishermen in North County as well as local Carlsbadians. The high volume of use in this area contributes to trail overuse that includes erosion, trash and other human atrocities such as pet waste and fishing line. A · collaboration was formed between Agua Hedionda Lagoon Foundation (AHLF) and Encina Powerplant, now NRG, to maintain this space for public use. Initially, 10.5 years ago, Lisa Rodman the CEO of Agua Hedionda Lagoon Foundation was told by her Board of Directors, that NRG would empty the trash receptacles down on the trail weekly, as well as, remove graffiti found around the area. The foundation's major role was to combat erosion, clean up trash and debris that was laying on the trail. AHLF is also responsible for educating the community on responsible use of the area and spread awareness about this great resource in our community. When AHLF hired a part time trail person we took over the job of graffiti removal to ease some of the burden from NRG's staff time, as well as, have some uniformity in colors of paint utilized for graffiti removal to keep the trail looking its best. AHLF staff coordinates with the city and NCTD for graffiti removal on their respective bridges too. The NRG power plant shut down, and now, NRG is asking that AHLF also take over the trash pickup duties on this trail. Thus, the responsibility of removing all of the debris from Hubbs trail, both on the trail and in the trash receptacles, has fallen to us. Being a non-profit organization, we must rely heavily on volunteers for all aspects of our work including trail maintenance. Trash pickup on this busy trail is currently performed by volunteers a few times a week and myself as the AHLF Program Lead goes out once a week to survey the trails in oversight. It is not reasonable or sustainable to rely on volunteers for trash removal. We cannot hold volunteers accountable for regular trash pickup as they work only when their schedules allow. Many volunteers that work with us only need a set number of volunteer hours and are a short-term resource for us. Training new volunteers on the task of trash pickup is burdensome currently with all the flux, adding trash removal puts a strain on our foundation, and its resources. A California Public Benefit Corporation • 501 (c)(3) Exempt• TIN: 33-0411888 1580 Cannon Road, Carlsbad, CA, 92008 • 760.804.1969 • www.aguahedionda.org This is a job that is challenging in time, resources and strength. It could prove to be too difficult for many volunteers and ultimately, they will quit volunteering due to the amount of labor we are requiring. The trash bags are often too heavy for the average volunteer to pick up and thus AHLF would need to supply a vessel. A wheelbarrow or a wagon might work however, AHLF then needs to transport said vessels down to the site and stqre these back at the center. AHLF's next hurdle is to figure out how they will transport trash to and from Hubbs trail. It is a challenge to access this trail without a four-wheel drive vehicle and most volunteers do not want this amount of garbage in their vehicles. The Foundation does not have access to a large dumpster; therefore, we must pay for an additional pickup of the Discovery Center trash receptacle. Each time we remove the garbage weekly from Hubbs in the winter and twice weekly in the summer we then need to coordinate and pay for additional pickups load. Taking regular trips to the dump is costly and time consuming for volunteers. We would reimburse them for mileage on their cars and for the trip to the dump which is just under $50 per trip. When the trash cans do fill up at Hubbs, users will leave their garbage outside of the trash can on the trail. This trash includes fishing line, pet waste, food containers, alcohol containers and many other items that are harmful to the environment and if blown into the lagoon causes significant problems for the wildlife that calls the lagoon home. Regular reliable trash pickups would alleviate this problem and provide users with a place to leave their waste. Because we do not have the budget to fund a regular trash pickup program for Hubbs trail, we are requesting the city become the stewards of the trash duties. We need each of the 5 trash cans on the trail emptied and re-lined at least once each week. During the summer months twice weekly is preferred as well as the holiday weekends May through September. This would prevent overflow trash from harming this precious and sensitive ecosystem. Our foundation is requesting that the City of Carlsbad add this necessary amenity for the greater good to their budget for the next fiscal year. Respectfully yours and with sincere gratitude, Emily Watts Program Lead A California Public Benefit Corporation• 501 (c)(3) Exempt• TIN: 33-0411888 1580 Cannon Road, Carlsbad, CA, 92008 • 760.804.1969 • www.aguahedionda.org