HomeMy WebLinkAbout2022-11-15; City Council; ; Amendment to a Right-of-Entry Permit with the California Department of Parks and Recreation to Include Reimbursement for Plan Reviews of the Beach Access Repairs and UpgrCA Review __AF__
Meeting Date: Nov. 15, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Lauren Ferrell, Associate Engineer
lauren.ferrell@carlsbadca.gov, 442-339-2558
Hossein Ajideh, Engineering Manager
hossein.ajideh@carlsbadca.gov, 442-339-2756
Kyle Lancaster, Parks & Recreation Director
kyle.lancaster@carlsbadca.gov, 442-339-2941
Subject: Amendment to a Right-of-Entry Permit with the California Department of
Parks and Recreation to Include Reimbursement for Plan Reviews of the
Beach Access Repairs and Upgrades from Pine Avenue to Tamarack
Avenue Project
District: 1
Recommended Action
Adopt a resolution authorizing Amendment No. 1 to the existing right-of-entry permit with the
California Department of Parks and Recreation to include reimbursement, up to an amount of
$40,000, for plan reviews for the Beach Access Repairs and Upgrades from Pine Avenue to
Tamarack Avenue, Capital Improvement Program Project No. 3896.
Executive Summary
The City of Carlsbad has a right of entry permit with the California Department of Parks and
Recreation (Exhibit 2) that allows the city to enter State Parks property to improve and
maintain the upper picnic facilities at Tamarack State Beach and the coastal bluff at
Tamarack/Frazee State Beach.
State Parks has authorized an amendment to the permit that would include reimbursement to
State Parks for its costs in reviewing the plans for the city’s planned beach access repairs and
upgrades project Capital Improvement Program Project No. 3896. These costs are estimated at
$40,000.
Staff recommend that the City Council authorize this amendment, which will be valid until May
19, 2023, when the existing permit expires.
Discussion
The City Council authorized the Mayor to execute the right-of-entry permit with State Parks on
May 17, 2022, with Resolution No. 2022-110. State Parks has been granting this annual permit
to the city for the past eight years.
Nov. 15, 2022 Item #8 Page 1 of 8
The city’s planned project will provide necessary repairs and replacements and improve beach
access along the west side of Carlsbad Boulevard between Pine Avenue and Tamarack Avenue,
which is within both the city’s and State Parks’ jurisdictions.
The project comprises two major elements: upper sidewalk improvements and beach access
stairway replacements. These stairways provide access along and to Carlsbad State Beach. The
scope of the project consists primarily of repairing or replacing existing features in kind, except
for the upper sidewalk, which is proposed to be widened to accommodate the volume of traffic
of beachgoers.
The sidewalks and stairways were built in the 1980s and require repairs and/or replacements to
maintain their structural integrity and safe public access. The new improvements are designed
to have a service life of approximately 50 years. The project also includes replacing the existing
streetlight poles along Carlsbad Boulevard from Pine Avenue to Tamarack Avenue and railing
around the beach shower along the upper sidewalk near the Tamarack Avenue restroom.
Since these facilities are located within the State Parks’ jurisdiction, the agency’s approval is
required. City staff have been coordinating with them regarding amending the existing right-of-
entry permit to provide a mechanism for the State Parks to be reimbursed for their required
plan reviews of the project.
Options
Staff provide the following options for the City Council’s consideration:
1. Authorize Amendment No. 1 to the existing right-of-entry permit with State Parks to
include reimbursement, up to an amount of $40,000, for plan reviews of Beach Access
Repairs and Upgrades from Pine Avenue to Tamarack Avenue Project
Pros
• Allows State Parks to provide design review and approval for the project, which
is within the agency’s jurisdiction
• Allows the project to move forward to provide continued safe access and
enhanced coastal experiences for residents and visitors to the city
Cons
• None identified
2. Do not authorize the amendment to the right-of-entry permit
Pros
• None identified
Cons
• Prevents the city from obtaining design approvals from the State Parks, which
are needed to move the beach access repairs and upgrades project to
construction
• Impedes the project from moving to construction, which will provide
enhancements to the area
• Continued degradation of these facilities and level of service standards could
occur, resulting in partial or full closures of beach access stairways
• May impact user experience of the facilities and surrounding areas
Nov. 15, 2022 Item #8 Page 2 of 8
Fiscal Analysis
Sufficient funding has been appropriated for the project from General Capital Construction and
Infrastructure Replacement funds. The available funds and estimated costs for the State Parks’
reimbursement are shown below:
Beach Access Repairs and Upgrades from Pine Avenue to Tamarack Avenue,
Capital Improvement Program Project No. 3896
Total appropriation to date $12,111,750
Total expenditures and encumbrances to date $1,596,781
Total available balance $10,514,969
Additional project costs
State Parks reimbursement (estimated) $40,000
Remaining balance $10,474,969
Additional appropriation needed $0
Next Steps
City staff will continue to finalize the project’s engineering and design and work with State
Parks staff to administer project reviews and approval.
Environmental Evaluation
The City Planner has determined that this project is exempt from the California Environmental
Quality Act under Guidelines Section 15301 – Existing Facilities, which apply to the maintenance
of existing landscaping, including native growth that involves negligible or no expansion of use.
Public Notification
This item was noticed 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.Staff report dated May 17, 2022, right of-entry permit with the California Department of
Parks and Recreation … (on file in the Office of the City Clerk)
Nov. 15, 2022 Item #8 Page 3 of 8
RESOLUTION NO. 2022-263
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING AMENDMENT NO. 1 TO THE EXISTING RIGHT
OF ENTRY PERMIT WITH THE CALIFORNIA DEPARTMENT OF PARKS AND
RECREATION TO INCLUDE REIMBURSEMENT FOR PLAN REVIEWS FOR THE
BEACH ACCESS REPAIRS AND UPGRADES FROM PINE AVENUE TO
TAMARACK AVENUE PROJECT
WHEREAS, on May 20, 2022, through Resolution No. 2022-110, the City of Carlsbad executed a
Right of Entry Permit, or Permit, with the State of California Department of Parks & Recreation, or State
Parks, to enter the State Parks' property 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, ending May
19,2023;and
WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary,
desirable and in the public interest to amend the Permit to include reimbursement provisions in favor
of State Parks for their plan reviews of the city's Beach Access Repairs and Upgrades from Pine Avenue
to Tamarack Avenue Project, or Project; and
WHEREAS, construction of the Project will provide necessary beach access facility repairs and
replacements and improve beach access along the west side of Carlsbad Boulevard between Pine
Avenue and Tamarack Avenue; and
WHEREAS, the Project is within the city's and State Parks' jurisdictions; and
WHEREAS, the city agrees to reimburse State Parks, up to $40,000, for their Project plan reviews
and submission of comments in response to the Project plans; and
WHEREAS, sufficient funding is available from the General Capital Construction and
Infrastructure Replacement funds to cover the Amendment; and
WHEREAS, the City Planner has considered the potential environmental effects of this Project
and has determined it to be exempt from environmental review per the California Environmental
Quality Act, or CEQA, Guidelines Section 15301-Existing Facilities, which apply to the maintenance of
existing landscaping, including native growth that involves negligible or no expansion of use, and that
no exception to the exemption as set forth in CEQA Guidelines section 15300.2 applies.
Exhibit 1
Nov. 15, 2022 Item #8 Page 4 of 8
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
l.That the above recitations are true and correct.
2.That the Mayor is hereby authorized and directed to execute Amendment No. 1 to the
Permit with State Parks to include reimbursement, up to an amount of $40,000, for State
Parks' plan reviews of the Beach Access Repairs and Upgrades from Pine Avenue to
Tamarack Avenue Project, 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 15th day of November, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
MATT HALL, Mayor
�-FAVIOLA MEDINA, City Clerk Services Manager
f9'(SEAL)
Nov. 15, 2022 Item #8 Page 5 of 8
AMENDMENT NO. 1 TO Agency: Department of Parks and Recreation
RIGHT OF ENTRY PERMIT
Project: Operation of Tamarack Upper Picnic Facilities:
Tamarack RR, Grass and Picnic Area & Bluff
This Amendment to the Right of Entry Permit is made and entered into this 3rd day of October 2022, between the State of California, acting by and through its Director of the Department of Parks and Recreation, hereinafter called State, and City of Carlsbad, a local Government entity, hereinafter called Permittee; State and Permittee may hereinafter be referred to as a Party, or collectively the Parties.
RECITALS
•Whereas, the State owns, operates, and maintains the State Park unit known as Carlsbad StateBeach, in the County of San Diego, State of California; and
•Whereas, Permittee has applied to State for permission to access Carlsbad State Beach forpurposes of carrying out grounds keeping, maintenance of facilities, and restoration of the coastalbluff habitat (the Project); and
•Whereas, the State desires to accommodate Permittee's application for permission to enter CarlsbadState Beach for purposes of the Project as provided herein, and to the extent such Project may beultimately described, permitted, approved and conditioned by this document and subsequentEnvironmental Documents, and as may be conditioned by any other regulatory agency havingjurisdiction, if applicable.
•Whereas, the parties entered into that certain Right of Entry Permit dated May 19, 2022, the partiesnow desire to amend said term(s) of the Right of Entry Permit as of October 3, 2022.
•Now therefore, it is mutually agreed between the parties hereto as follows:
TERMS AND CONDITIONS
1.Section 1, Project Description to include completion and review of stairway and sidewalk repair andmaintenance plans known as the Beach Access Repair Project as shown in Exhibit “C”.a. Permittee will finalize and submit plans to State.b.State will review plans and submit comments through its Southern Service Center.c.State will review plans and long-term access through its Acquisition and Real PropertyDepartment.d.State will track staff hours for all plan review related to the Beach Access Repair Project anduse the funds identified in Section 4 to reimburse staff time.
2.Section 3, Term of Permit: The amended scope described in Section 1 runs from the period beginningOctober 3, 2022 and ending on May 19, 2023.
3.Section 4, Consideration: Permittee agrees to pay State the sum of $40,000.00 Dollars ($) asconsideration for the rights granted by this Permit. This includes billable hours for specialist reviews.Payment is due upon execution of this Amendment No. 1 to the Right of Entry Permit. State shallreturn any unused funds described in this section to Permitee.
4.Except as expressly amended herein, all of the terms and conditions of the said Right of Entry Permitshall remain unchanged and in full force and effect.
This Amendment No.1 to the Right of Entry Permit has been executed by the parties on the date written below.
DocuSign Envelope ID: C9E78412-BE4A-4FD0-8D0D-09AE56EA13AC Attachment A
Nov. 15, 2022 Item #8 Page 6 of 8
2 of 2
STATE OF CALIFORNIA CITY OF CARLSBAD Department of Parks and Recreation
By: By: Name: Gina Moran Name: Matt Hall Title: District Superintendent II Title: Mayor San Diego Coast District Carlsbad City Hall (619)688-3356 (442)339-2820
Dated: Dated:
DocuSign Envelope ID: C9E78412-BE4A-4FD0-8D0D-09AE56EA13AC
10/27/2022
Nov. 15, 2022 Item #8 Page 7 of 8
Source: Google Earth ProPine AveWalnut AveChestnut AveMaple AveAcacia AveCherry AveJuniper AveHemlock AveRedwood AveTamarack AveSequoia AveAqua Hedionda LagoonOak AveChinquapin AveUpper Sidewalk RepairsStairway ReplacementSycamore AveAlong Carlsbad Blvd (Pine Ave to Tamarack Ave)
Beach Access Repairs ProjectExhibit CDocuSign Envelope ID: C9E78412-BE4A-4FD0-8D0D-09AE56EA13AC
Nov. 15, 2022Item #8 Page 8 of 8