HomeMy WebLinkAboutSan Diego Association of Governments / SANDAG; 2023-06-16;MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CARLSBAD REGARDING PRELIMINARY PLANNING ACTIVITIES FOR A REGIONAL BEACH SAND PROJECT
SANDAG CONTRACT NO. S1156850
This Memorandum of Understanding (MOU) is made and entered into effective as of the last
signature date below, by and between the San Diego Association of Governments (“SANDAG”) and the
City of Carlsbad.
RECITALS
WHEREAS, in 1996, SANDAG adopted the Shoreline Preservation Strategy (Strategy) that outlines
an extensive beach building and maintenance program for the critical shoreline erosion areas in the region,
containing a comprehensive set of recommendations on the beach building program and on financing and
implementation; and
WHEREAS, in 2001, SANDAG successfully implemented a Regional Beach Sand Project (RBSP)
that placed 2.1 million cubic yards of sand on 12 beaches in the San Diego region; and
WHEREAS, in 2012, SANDAG successfully implemented a second Regional Beach Sand Project
(RBSP II) that placed 1.5 million cubic yards of sand on 8 beaches in the San Diego region; and
WHEREAS, in 2021, SANDAG adopted the 2021 Regional Plan, which includes a Sustainable
Communities Strategy that promotes nature-based climate solutions as a climate adaption strategy; and
WHEREAS, the State of California has identified beach nourishment as a type of nature-based
climate solutions; and
WHEREAS, the San Diego region is committed to implementing the Strategy; and
WHEREAS, the region’s coastal cities representatives on the SANDAG Shoreline Preservation
Working Group have expressed an interest and desire to initiate a Regional Beach Sand Project III (RBSP
III); and
WHEREAS, a number of benefits, including recreational, economic, and public safety
enhancements, protection of infrastructure, and increases in habitat, would occur as a result of beach
nourishment; and
WHEREAS, the first Phase of a RBSP III would be preliminary planning activities that include
updating the Feasibility and Economic Analysis done in 2007 at an estimated cost of $200,000 in
preliminary planning activities for the RBSP III, which is requested to be paid by the region; and
WHEREAS, the preliminary planning activities as identified in attachments to this MOU include
updating the feasibility study and economic analysis done in 2007, determining lessons learned, identifying
streamlining and cost saving options, and estimating the total cost for engineering, environmental and
construction for a RBSP III (Preliminary Planning Activities); and
WHEREAS, the allocation of funds among the coastal cities (City of San Diego, City of Carlsbad, City of Encinitas, City of Imperial Beach, City of Oceanside, City of Del Mar and City of Solana Beach, together the “Coastal Cities”) should be based upon the number of miles of coastline within each city, which
is a method used for the Regional Shoreline Monitoring Program that is currently funded by the Coastal Cities; and
WHEREAS, SANDAG requires a written funding commitment for each participating Coastal City
prior to work beginning on the Preliminary Planning Activities; and
WHEREAS, this MOU does not and is not intended to commit any of the parties to working on any
portion of the RBSP III beyond the stage of Preliminary Planning Activities; and
WHEREAS, the City of Carlsbad has 6.50 miles of shoreline within San Diego County which is
32.34 percent of the region’s coastline equaling a total contribution of $64,677 (Proportional Share) for
Preliminary Planning Activities necessary for the development of RBSP III; 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:
1.To use the City of Carlsbad’s Proportional Share solely to pay for Preliminary Planning Activities to
evaluate the potential for RBSP III, which includes an investigation of offshore sand sources and
preliminary project design for the preparation of a regional beach sand project. Funds will be kept by
SANDAG in an interest-bearing account with interest credited to City of Carlsbad prorated to reflect
its contribution to the Preliminary Planning Activities as compared to each Coastal City’s
contributions, until the completion of the Preliminary Planning Activities. Unused funds will be
returned to each Coastal City on a similarly pro-rated basis.
2.To retain the original records for at least 5 years from the date of the Preliminary Planning Activities
completion and make them available to the City of Carlsbad upon request.
3.To not proceed beyond the first phase of Preliminary Planning Activities without assurances that each
participating Coastal City has entered into a subsequent memorandum of understanding reflecting
the jurisdiction’s desire and commitment to participate in the RBSP III, reflecting approvals of
appropriations for the phases of the RBSP III after Preliminary Planning Activities, the aggregate of
which will fund the RBSP III.
4.Neither 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. It 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 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 SANDAG under or in connection with
any work, authority, or jurisdiction delegated to SANDAG under this MOU.
CITY OF CARLSBAD AGREES:
5. The City of Carlsbad will approve an appropriation of $64,677, such amount being its Proportional
Share to SANDAG for the Preliminary Planning Activities, which funds will be paid to SANDAG prior
to the start date of the Preliminary Planning Activities.
6. The City of Carlsbad understands and agrees that the proportionate amount may decrease, or
increase based upon the participation of other Coastal Cities in the Preliminary Planning Activities,
but any increase beyond $64,677, will require and is subject to subsequent approval by the City
Council or designee.
7.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 City of Carlsbad under or in connection with any work,
authority, or jurisdiction delegated to City of Carlsbad under this MOU. It is understood and agreed
that, pursuant to Government Code Section 895.4 as well as the terms of this MOU, City of Carlsbad
shall fully defend, indemnify, and save harmless SANDAG, its Board of Directors, all its officers, and
all its 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 the City of Carlsbad under or in connection with any work, authority,
or jurisdiction delegated to City of Carlsbad under this MOU.
THE PARTIES MUTUALLY AGREE:
1.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.
2.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 For City of Carlsbad
401 B Street, Suite 800 799 Pine Avenue
San Diego, CA 92101 Carlsbad, CA 92008
Attn: Courtney Pesce Attn: Parks & Recreation Director
3.This MOU shall continue in effect unless and until a party to the MOU gives 60 (sixty) days written
notice of its desire to withdraw from the MOU.
4.In accordance with Public Utilities Code section 132354.1(b)(4), all parties shall maintain and make
available for inspection all books, documents, papers, accounting records, emails and other evidence
pertaining to the performance of the Agreement, including but not limited to, the costs of
administering the MOU to the SANDAG Independent Performance Auditor. All parties shall make
such materials available at their respective offices at all reasonable times during the MOU period and
for three years from the date of final payment under the MOU.
5.The indemnification and defense provisions of this MOU shall survive termination of the MOU.
6.This MOU shall be interpreted in accordance with the laws of the State of California. If 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.
7.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.
8.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 ventures or partners. The parties shall maintain sole and exclusive
control over their personnel, agents, consultants, and operations.
9.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.
10.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.
11.Nothing in the provisions of this MOU commits either of the parties to working on and/or providing
additional funding for any portion of the beach sand replenishment project beyond the stage of
preliminary planning activities.
12.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.
13.This MOU may be executed and delivered by electronic signature.
IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective as of the last date a
party provides an electronic signature below.
SAN DIEGO ASSOCIATION OF
GOVERNMENTS
COLEEN CLEMENTSON
Chief Deputy Executive Director
APPROVED AS TO FORM:
E-SIGNED by Peter Stevens
on 2023-06-15 23:28:00 GMT
Office of General Counsel
Exhibits: A.Project Scope of WorkB.Project BudgetC.Project Schedule
June 15, 2023
CITY OF CARLSBAD
KEITH BLACKBURN
Mayor
APPROVED AS TO FORM:
Legal Co,�el '--/
E-SIGNED by Coleen Clementson June 16, 2023
on 023-06-16 14:59:05 GMT
Regional Beach Sand Project III (RBSPIII)
Feasibility Study & Economic Analysis
Exhibit A – Project Scope of Work
INTRODUCTION:
SANDAG is the Metropolitan Planning Organization (MPO) for the San Diego region and plays a key role in the regional coordination of a variety of projects. The San Diego region has 19 jurisdictions, 10 of which are located in the coastal zone and collectively manage approximately 70 miles of coastline which can be accessed via transit, highways, roadways, and bicycle and pedestrian facilities. A number of these facilities are at risk from the impacts of rising seas, high tides, and strong storms. As such, access to beaches, residences, and public facilities may be impacted. This would be particularly impactful to disadvantaged populations living in the cities of Oceanside, Carlsbad, City of San Diego, National City, Chula Vista, and Imperial Beach which have populations that fall in the 70-100 percentile of the demographic index (source: EJSCREEN).
SANDAG proposes to conduct a feasibility study for a regional beach sand nourishment project which would use information from SANDAG’s Round 1 SB 1 Caltrans Adaptation Planning Grant
effort to identify transportation facilities that will be impacted by sea-level rise and may benefit from beach nourishment. Implementation of a regional beach sand project would involve dredging beach quality sand from offshore borrow sites and placing it on highly eroded beaches in the San
Diego region. Beach nourishment is being considered as a sea-level rise adaptation strategy by a number of cities in the San Diego region who have updated their Local Coastal Programs to align with the California Coastal Commission’s Guidance on sea-level rise. Wide beaches can help protect coastal communities and coastal transportation facilities by acting as a buffer to alleviate some of the impacts from sea-level rise, strong storm events, and high tides. SANDAG has previously completed two regional beach sand nourishment projects in 2001 and 2012 (RBSP I and RBSP II, respectively), adding approximately 3.5 million cubic yards of sand to the region's local beaches. In addition, SANDAG has an established regional forum (the Shoreline Preservation Working Group) where elected officials are engaged in regional adaptation projects, such as beach nourishment.
SANDAG will coordinate closely with city staff, city council members who serve on SANDAG’s Shoreline Preservation Working Group (SPWG), and other technical advisors on this project. Work efforts from this project will be summarized in two final deliverables: the feasibility study and
the off-shore borrow site survey plan.
RESPONSIBLE PARTIES
SANDAG will require the assistance of a consulting team to complete this work. SANDAG has not yet selected which firm will provide this assistance, but will utilize the agency’s list of on-call consultants, selected through the established procurement procedures, to find the appropriate
firm(s) to perform this work. Generally, SANDAG will be responsible for overall project management and administration and will play a role in coordinating with local jurisdictions as well as drafting and editing the feasibility study. The consultant will be responsible for the majority of other tasks including the review of existing monitoring data, completing the offshore borrow site survey plan, completing the economic analysis, and finalizing the feasibility study.
OVERALL PROJECT OBJECTIVES:
•Identify beach erosion areas in the San Diego region that may impact coastaltransportation infrastructure through review of existing data and coordination with coastaljurisdiction staff.
•Evaluate the economic costs and benefits of implementing a regional beach nourishmentproject and several alternatives to that project that may include one pilot sand retentionstrategy.
•Complete a feasibility study for a future regional beach nourishment project andalternatives.
•Create a plan for surveying offshore sand borrow sites to ensure adequate quantities ofsand are available to nourish the San Diego region’s beaches.
1.Project Management and Administration
•SANDAG will hold a kick-off meeting to discuss procedures and project expectations,including invoicing, quarterly reporting, and other relevant project information. Meeting
summary will be documented.
•Utilize an existing on-call agreement to select consultants using the proper procurement
procedures.
•SANDAG will hold a kick-off meeting with the consultants to review the scope of work,
timeline, communication protocols, and other relevant project information. Meeting summarywill be documented.
•Coordinate with the consultants through regular communication (including in-person meetingsand/or conference calls) to ensure project remains on time and within budget. Meeting noteswill be documented.
•Consultant will invoice SANDAG and provide a brief summary of work efforts on a monthlybasis.
Task 1 Deliverables
•Meeting Notes and Summaries
•Subcontractor Agreements
•Invoice Packages and Quarterly Reports
2.Economic Analysis
•Using actual costs from RBSP II, the consultant will prepare an economic analysis that willinclude the following components: preliminary cost estimates of a range of project alternativesthat may include one pilot sand retention strategy, a benefit/cost analysis of the projectalternatives, and a discussion of economic impacts. This economic analysis will besummarized in the feasibility study and included as an appendix to the final document.
•The contractor will evaluate the Benefit Cost Analysis (BCA) prepared by the U.S. Army Corpsof Engineers for the Encinitas-Solana Beach Coastal Storm Damage Reduction Project andthe economic analysis conducted for the 2007 feasibility study (for RBSP II) provide amethodology for the analysis for approval by SANDAG.
•The BCA should be developed to allow federal agencies to evaluate the benefit to cost ratio ofthe project and various subsegments of the project (by littoral cell or jurisdiction).
•The contractor should assume 3 rounds of comments in the preparation of the Draft EconomicAnalysis as follows, comments by SANDAG on the draft, comments from the members of theShoreline Preservation Working Group on the draft, and comments from the public.
Task 2 Deliverables
•Methodology Approach for the Economic Analysis
•Draft Economic Analysis Technical Appendix
•Final Economic Analysis Technical Appendix
3.Regional Beach Sand Replenishment Project (RBSP III) Feasibility Study
•Using information obtained from Tasks 2, consultant will draft a feasibility study for a futureregional beach sand project (RBSPIII). The 2007 feasibility study that was prepared for RBSPII will be used as a template and the updated feasibility study will address the same majortopics including, but not limited to: a statement of the problem, a description of existing site
conditions, consideration of project alternatives, methods to reduce costs and leverage otherefforts in southern California, and economic considerations.
•The feasibility study will also include an explanation of how beach nourishment can be used toprotect coastal critical infrastructure in the region from sea level rise. Example from otherregions should be provided.
•The feasibility study will identify the various permits and approvals that would be needed forthe implementation of this project.
•As part of the Feasibility Study, or a separate report, the consultant will address the lessons
learn from prior RBSP I and II, opportunities that arise from other relevant nourishment effortsand address:
1.ways to streamline environmental clearance under CEQA/NEPA, and regulatory permits,
2.ways to leverage opportunities arising from the San Diego Coastal Storm DamageReduction Project any other southern California beach nourishment or sand bypassprojects, or use of the the Army Corps west coast hopper dredge,
•The feasibility will also address the needs of the sand nourishment needs, if any, ofjurisdictions fronting the San Diego Bay.
•A meeting will be scheduled with interested stakeholders (city staff, members of the SPWG,members of the public) to review the draft feasibility study and solicit feedback. SANDAG will
likely use a scheduled SPWG meeting as the forum for this discussion. Comments fromstakeholders may also be submitted in writing and revisions to the feasibility study will bemade as needed.
•Consultant will incorporate comments from SANDAG staff and interested stakeholders into afinal version of the feasibility study.
Task 3 Deliverables
•Draft Feasibility Study
•Host meetings to discuss draft Feasibility Study
•Finalize Feasibility Study
4.Off-Shore Borrow Site
•Conduct a literature review of offshore investigations completed for Regional Beach SandProjects I and II (RBSP I and RBSP II) to identify any additional candidate borrow sites in thenorthern portion of San Diego County that could be utilized to implement a future beachnourishment project.
•Prepare a plan and scope of work to conduct an investigation of a minimum of three offshoreborrow sites to determine the outer boundaries of the two offshore borrow sites used forRBSP II (MB-1 and SO-5) and at least one new borrow site in the northern portion of SanDiego County. Once completed, these surveys will help to estimate the quantity of sand
available for beach nourishment on the San Diego coastline.
Task 4 Deliverable
•Perform Off-Shore Borrow Site existing data review
•Prepare Off-Shore Borrow Site Plan and Scope of Work for Three Sites
Exhibit B – Project Budget
Regional Beach Sand Project III (RBSPIII) Feasibility Study & Economic Analysis
Task Name Description Budget State Date End Date
1 Project Management and Administration SANDAG to monitor Project Management and Administration $10,000.00
2 Economic Analysis Subconsultant to prepare an updated Economic Analysis $50,000.00
3 Regional Beach Sand Replenishment Project (RBSP III) Feasibility Study
Draft RBSP III Feasibility Study, Review, and Finalize $100,000.00
4 Off-shore Borrow Site Subconsultant will prepare an Offshore Borrow Site Plan and Scope of Work for Three Sites $40,000.00
Total $200,000 NTP
Exhibit C – Project Schedule
Regional Beach Sand Project III (RBSPIII) Feasibility Study & Economic Analysis
Task Name Description State Date End Date
1 Project Management and Administration SANDAG to monitor Project Management and Administration NTP
2 Economic Analysis Subconsultant to prepare an updated Economic Analysis NTP
3 Regional Beach Sand Replenishment Project (RBSP III) Feasibility Study
Draft RBSP III Feasibility Study,
Review, and Finalize NTP
4 Off-shore Borrow Site Subconsultant will prepare an Offshore Borrow Site Plan and Scope of Work for Three Sites NTP