HomeMy WebLinkAbout2024-06-25; City Council; ; Memorandum of Understanding between the City of Carlsbad, the San Diego Association of Governments, and the North County Transit District regarding the Pursuit of Grant FMeeting Date: June 25, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Jason Haber, Intergovernmental Affairs Director
Jason.haber@carlsbadca.gov, 442-339-2958
Subject: Memorandum of Understanding between the City of Carlsbad, the San
Diego Association of Governments, and the North County Transit District
regarding the Pursuit of Grant Funding for the Carlsbad Village Railroad
Trench Project
Districts: All
Recommended Action
Adopt a resolution authorizing the City Manager to execute a memorandum of understanding
between the San Diego Association of Governments, the City of Carlsbad and the North County
Transit District regarding the pursuit of grant funding for the Carlsbad Village Railroad Trench
Project.
Executive Summary
The Carlsbad Strategic Plan for 2023-2027 identifies the city’s intent to work with San Diego
Association of Governments, and the North County Transit District to prioritize, determine
costs, and work with state and federal representatives to seek funding for preliminary design
and technical studies for lowering the railroad tracks in the village.
This memorandum of understanding will establish a framework for the city, the San Diego
Association of Governments and NCTD to work collaboratively to identify and pursue state,
federal, and non-governmental grant opportunities to fund the completion of preliminary –
that is, 30% complete – design, technical studies and environmental clearance for the Carlsbad
Village Double Track Trench Project – Long Trench Alternative.
SANDAG is responsible for planning, programming, and implementing regional transportation
infrastructure projects in San Diego County. NCTD owns and operates the railroad segment that
passes through Carlsbad Village and the Barrio neighborhood of Carlsbad. The city, SANDAG
and NCTD all support lowering the railroad tracks through this segment, and SANDAG and NCTD
are both prepared to execute the proposed memorandum of understanding.
June 25, 2024 Item #14 Page 1 of 10
CA Review CKM
The memorandum of understanding provides that:
• SANDAG will lead the preparation and submittal of grant applications and serve as the
lead agency when deemed appropriate.
• The City of Carlsbad will provide up to $5,220,000 to be used as a local match for federal
and state grants.
• NCTD will support SANDAG in advancing the design and environmental phases of the
project, among other provisions.
Explanation & Analysis
The Los Angeles-San Diego-San Luis Obispo (LOSSAN) rail corridor, which runs through Carlsbad,
is the second busiest intercity rail corridor in the nation, playing a critical role in the movement
of people and goods in Southern California. The rail corridor currently operates at or near its
design capacity, resulting in rail congestion. Improvements to the corridor are needed to
accommodate regional transportation capacity needs. Adding a second track has been
identified as the primary means of increasing capacity throughout the corridor.
The U.S. Department of Transportation’s Federal Railroad Administration approved the
proposed rail corridor improvements program proposed by the California Department of
Transportation in 2009, at the initial programmatic phase of environmental review.
One component of the approved corridor improvements program, the Carlsbad Village Double
Track Project, encompasses the rail segment between Oceanside, just south of Eaton Street,
over the Buena Vista Lagoon and through Carlsbad Village and the Barrio. The project consists
of installing double tracks in this segment, along with improvements to the Carlsbad Village
Coaster Station necessary to accommodate the second track and the building of a new bridge
over the Buena Vista lagoon.
The Railroad Administration’s decision identified two potential alignment options for this
segment, including double-tracking the current tracks or lowering them below the street level
in a trench. The decision stated that all alignment options should be carried forward for project-
level analysis before any final alignment decisions are made.
Thirty percent of the design for the street-level option has been completed and Federal
Railroad Administration completed environmental review for that alignment in 2019.
Ten percent of the design for the lowered tracks option, the long trench alternative, has been
completed, and additional funding is needed to complete the recommended project-level
analysis, including continuing the project’s design to 30% complete and completing the
environmental review phase.
The city, SANDAG and NCTD are interested in completing the recommended project-level
analysis for the Long Trench Alternative to address safety, traffic, environmental, economic,
and quality of life concerns throughout the railroad segment.
June 25, 2024 Item #14 Page 2 of 10
Fiscal Analysis
The City Council authorized an appropriation of $5,220,000 from the General Fund Reserve to
be utilized as a local match to secure grants to fund the Carlsbad Village Railroad Trench project
on June 13, 2023. (Resolution No. 2023-161). The proposed memorandum of understanding
states that the city agrees to provide up to $5,220,000 in funding from the Carlsbad General
Fund Reserve to be used as a local match for federal and state grant opportunities for the
project. Carlsbad will retain exclusive control over appropriated funds, until such time as the
funding is ready to be spent on approved project costs.
Next Steps
If the City Council adopts the resolution, the City Manager will execute a memorandum of
understanding with SANDAG and NCTD regarding the pursuit of grant funding for the Carlsbad
Village Railroad Trench project. Once the necessary grant funding is secured, SANDAG will
engage a consultant to complete the preliminary engineering, technical studies and
environmental clearance in preparation for future construction.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under Public Resources Code
Section 21065 in that it has no potential to cause either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment.
Exhibit
1. City Council resolution
June 25, 2024 Item #14 Page 3 of 10
RESOLUTION NO. 2024-165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO
ASSOCIATION OF GOVERNMENTS, THE CITY OF CARLSBAD AND THE NORTH
COUNTY TRANSIT DISTRICT REGARDING THE PURSUIT OF GRANT FUNDING
FOR THE CARLSBAD VILLAGE RAILROAD TRENCH PROJECT
WHEREAS, the Los Angeles-San Diego-San Luis Obispo (LOSSAN) rail corridor is transitioning to
a double-track corridor to address growing congestion and regional transportation capacity needs; and
WHEREAS, the Los Angeles To San Diego Proposed Rail Corridor Improvements Program
includes constructing 1.1 miles of a second main railroad track in the segment from southern Oceanside
through Carlsbad Village and the Barrio neighborhood of Carlsbad; and
WHEREAS, the San Diego Association of Governments (SANDAG) is responsible for planning,
programming, and implementing regional transportation infrastructure projects in San Diego County;
and
WHEREAS, the North County Transit District (NCTD) owns and operates the railroad segment
that passes through Carlsbad Village and the Barrio neighborhood of Carlsbad; and
WHEREAS, Resolution No. 2014-268, updated the city's legislative platform to support double
tracking of the rail corridor within city limits in a way that minimizes impacts to the environment and
the community, improves coastal access and neighborhood connections and enhances local economic
vibrancy by eliminating or reducing at-grade rail crossings within the corridor; and
WHEREAS, the Carlsbad Strategic Plan (2023-2027) includes a strategic objective to: Work with
the San Diego Association of Governments (SAN DAG) and the North County Transit District (NCTD) to
prioritize, determine costs, and work with state and federal representatives to seek funding for
preliminary design and technical studies for lowering the railroad tracks in the Village; and
WHEREAS, Resolution No. 2023-161 authorized an appropriation of $5,220,000 from the
General Fund Reserve to be utilized as a local match to secure grants to fund the Carlsbad Village
Railroad Trench project: and
WHEREAS, the City of Carlsbad, SAN DAG, and NCTD wish to work collaboratively to identify and
secure grant funds to complete the project's preliminary (30%) design, technical studies and
environmental review.
June 25, 2024 Item #14#14 Page 4 of 10
Exhibit 1
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the City Manager is authorized to execute the Memorandum of Understanding
between San Diego Association of Governments, the City of Carlsbad, and North County
Transit District regarding the pursuit of grant funding for the Carlsbad Village Railroad
Trench project (Attachment A).
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 25th day of June, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor u� tfm_m;w,k._SHERRY FREISINGER, City Clerk Vv (SEAL)
June 25, 2024 Item #14#14 Page 5 of 10
MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS, CITY OF CARLSBAD, AND NORTH COUNTY TRANSIT DISTRICT
REGARDING THE PURSUIT OF GRANT FUNDING FOR THE CARLSBAD VILLAGE RAILROAD TRENCH PROJECT
SANDAG CONTRACT NO. S1262829
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”), the City
of Carlsbad (“Carlsbad”), and North County Transit District (“NCTD”), collectively referred to as the
“Parties”.
RECITALS
WHEREAS, the Los Angeles-San Diego-San Luis Obispo (LOSSAN) rail corridor has served the
region for over 130 years as a single-track corridor; and
WHEREAS, the LOSSAN rail corridor is transitioning to a double-track corridor to address
growing congestion and regional transportation capacity needs; and
WHEREAS, the preferred alternative evaluated in the Los Angeles To San Diego Proposed Rail
Corridor Improvements Program Environmental Impact Report and Environmental Impact Statement
(PEIR/EIS, 2009) includes two rail improvement and alignment options for constructing 1.1 miles of a
second main railroad track in the segment from southern Oceanside through Carlsbad Village and the
Barrio neighborhood; and
WHEREAS, the two options include double-tracking through Carlsbad in the existing rail
alignment either at-grade or grade-separated in a trench; and
WHEREAS, the Record of Decision regarding the PEIR/EIS states that all the projects and
alignment options listed in the Summary of Final Rail Improvements Options should be carried forward for
project-level analysis prior to making alignment option decisions; and
WHEREAS, SANDAG and Carlsbad completed the Carlsbad Village Double Track – Railroad
Trench Alternative Economic Analysis and Feasibility Study in January 2017, which considered two
design alternatives for the grade-separated alignment option, referred to as the Short Trench Alternative
and Long Trench Alternative; and
WHEREAS, SANDAG and Carlsbad completed the Final Alternative Analysis Report in April
2020, which compared the two grade-separated design alternatives and concluded that the Long Trench
Alternative scored highest because it provided the most benefit based on the analysis criteria developed
by the project team, which included the Parties’ representatives; and
WHEREAS, the design for the segment’s at-grade alignment option has been completed to 30%
and federal environmental review for that alignment has been completed through the issuance of a
Finding of No Significant Impact by the Federal Railroad Administration in May 2019; and
WHEREAS, the design for the Long Trench Alternative - grade-separated alignment option for the
railroad segment that passes through Carlsbad Village and the Barrio neighborhood of Carlsbad -
June 25, 2024 Item #14 Page 6 of 10
Attachment A
(“Project”) has been completed to 10%, and additional funding is needed to complete the recommended
project-level analysis, including continuing the Project’s design to 30% and completing the environmental
review phase of the Project; and
WHEREAS, the Parties are interested in completing the recommended project-level analysis for
the Project to address safety, traffic, environmental, economic, and quality of life concerns throughout the
railroad segment; and
WHEREAS, the Project is located in the NCTD-owned and operated railroad right-of-way; and
WHEREAS, the Carlsbad Strategic Plan for 2023-2027 identifies Carlsbad’s intent to work with
SANDAG and NCTD to prioritize, determine costs, and work with state and federal representatives to
seek funding for preliminary design and technical studies for the Project as a strategic objective; 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 coordinate with NCTD and Carlsbad on the project-level analysis of the Project and to pursue
environmental clearance for the Project consistent with local, state and federal environmental laws,
as applicable.
2. To lead the preparation and submittal of federal, state, and non-governmental grant applications,
and to serve as lead agency when deemed appropriate by the Parties, for grants to be pursued for
the Project.
3. Neither Carlsbad nor NCTD, 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 Carlsbad and NCTD, all officials (appointed and elected), officers and
employees from all claims, suits, or actions of every name, kind, and description brought for or on
account of injury (as that term is 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.
CARLSBAD AGREES:
4. To provide up to $5,220,000 in funding from the Carlsbad General Fund Reserve to be used as a
local match for federal and state grant opportunities for the Project. Carlsbad will retain exclusive
control over appropriated funds, until such time as the funding is ready for disbursement to a third-
party for approved Project costs.
5. To support SANDAG with the design and environmental phases of the Project.
June 25, 2024 Item #14 Page 7 of 10
6. Neither SANDAG nor NCTD, nor any officer thereof is responsible for any damage or liability
occurring by reason of anything done or omitted to be done by Carlsbad under or in connection with
any work, authority, or jurisdiction delegated to Carlsbad under this MOU. It is understood and
agreed that, pursuant to Government Code Section 895.4, Carlsbad shall fully defend, indemnify,
and save harmless SANDAG and NCTD, all officials (appointed and elected), officers, and
employees from all claims, suits, or actions of every name, kind, and description brought for or on
account of injury (as that term is defined in Government Code Section 810.8) occurring by reason
of anything done or omitted to be done by Carlsbad under or in connection with any work, authority,
or jurisdiction delegated to Carlsbad under this MOU.
NCTD AGREES:
7. To support SANDAG with the design and environmental phases of the Project.
8. Neither SANDAG nor Carlsbad, nor any officer thereof is responsible for any damage or liability
occurring by reason of anything done or omitted to be done by NCTD under or in connection with
any work, authority, or jurisdiction delegated to NCTD under this MOU. It is understood and agreed
that, pursuant to Government Code Section 895.4, NCTD shall fully defend, indemnify, and save
harmless SANDAG and Carlsbad, all officials (appointed and elected) officers, and employees from
all claims, suits, or actions of every name, kind, and description brought for or on account of injury
(as that term is defined in Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by NCTD under or in connection with any work, authority, or jurisdiction
delegated to NCTD under this MOU.
THE PARTIES MUTUALLY AGREE:
9. To work collaboratively to identify potential grant opportunities, including participation in meetings to
discuss identified grants for the Project and designate the appropriate lead agency for the grant
application.
10. To provide full access to and opportunity to provide comments, information, and suggestions on all
grant applications, including working documents and final versions. The final grant application and
supporting materials shall be provided by the lead agency to the other agencies.
11. That when additional funding for the Project is secured, to develop another agreement that outlines
roles and responsibilities between the Parties for the next phase of Project development and how
funding will be utilized.
12. That all obligations of the Parties under the terms of this MOU are subject to the appropriation of
the required resources by their respective governing bodies.
13. 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 Carlsbad For NCTD
401 B Street, Suite 800 1200 Carlsbad Village Drive 810 Mission Avenue
San Diego, CA 92101 Carlsbad, CA 92008 Oceanside, CA 92054
Attn: Danny Veeh Attn: Jason Haber Attn: Mary Dover
June 25, 2024 Item #14 Page 8 of 10
14. That unless it is amended by the Parties in writing, this MOU shall terminate on June 30, 2026, or
on such earlier or later date as the Parties may agree to in writing.
15. In accordance with Public Utilities Code section 132354.1(b)(4), the California Public Records Act,
and/or Carlsbad’s Records Retention Schedule, as is relevant to the local agency, the Parties shall
maintain and make available for inspection all books, documents, papers, accounting records,
emails and other records pertaining to the performance of the Agreement. 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.
16. The indemnification provisions of this MOU shall survive termination of the MOU.
17. 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.
18. 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.
19. 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.
20. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed
by the Parties, and no oral understanding or agreement not incorporated into the MOU shall be
binding on any of the Parties.
21. 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.
22. 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.
23. This MOU may be executed and delivered by electronic signature.
[signatures on following page]
June 25, 2024 Item #14 Page 9 of 10
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
OMARATAYEE
Director of Engineering and Construction
APPROVED.AS TO FORM:
Office of General Counsel
NORTH COUNTY TRANSIT DISTRICT
SHAWN M. DONAGHY
Chief Executive Officer
APPROVED AS TO FORM:
Office of General Counsel
June 25, 2024
C
SCOTT CHADWICK
City Manager
APPROVED AS TO FORM:
~/c. ~~
City Attorney
Item #14 Page 10 of 10
From:Paige DeCino
To:City Clerk
Subject:June 25 item 14 comment
Date:Friday, June 21, 2024 6:54:57 AM
Please share the following with the city council members:
Dear Mayor and council members,
The trenching of the railroad tracks in Carlsbad has long been an action item for the city. I know SANDAG has
three proposals on the table for re-routing the tracks away from the eroding coastline. There are other proposals that
may make more sense and I suggest the city pause in any action until a final decision has been made to avoid
needless (huge) expenses.
Thank you for all your work on this.
Sincerely,
Paige DeCino
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All Receive - Agenda Item #____ For the Information of the: CITY COUNCIL
Date: ______ CA____ CC____ CM____ ACM____ DCM (3)____
14
6/24/24 x xxxx
Tammy Cloud-McMinn
From:
Sent:
To:
Cc:
Subject:
Kris Wright <kriswrt222@gmail.com>
Monday, June 24, 2024 8:03 PM
City Clerk; Council Internet Email
Kris Wright
Agenda item #14
Greetings Mr. Mayor and Council members,
All Receive -Agenda Item # J.i
For the Information of the:
i C)~t,9~NCIL
Date V!fd::1J;D-A VCC ~
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I am all for grants but not at the expense of our City, when we have been told repeatedly that our
expenditures will outpace income to the City in the near future.
This time our City is expected to come up with up· to $5,220,000 to pursue a matching grant. No
guarantees to get the grant, however, and this makes me wonder why we are trenching the tracks in
the first place. And I am concerned that not many of our citizens a_re in agreement with the
trenching. • •
1. Provided here is a survey taken in 2019 with regard to the importance of trenching to residents
over other projects. Note: trenching is second to last. I realize this is an older survey but there has
to my knowledge been any updated survey similar to this one.
1
Community Input Research
Results at a Glance
The figure below shows the distribution of responses for all survey items grouped by low (0 to 3),
moderate (4 to 6), and high (7 to 10) importance ratings.
Figure 1. Importance Ratings of the 21 Survey Items
Preserving nalural open space? 3 860
Maintaining the city's character as IL grows?
Managinggrowth? !3...
Helping small businesses succeed?
Creating a healthy business climate?
Maintaining the char:icter of the Village and Barrio
neighborhoods in old Carlsbad?
Reducing the ettecrs of homeli;ssness on our community?
Making Carlsbad Village a vibrant place for the community
to gather, shop and dine?
Improving the beach areas with things like walking paths
and better parking?
Bringing in businesses that provide high-paying jobs?
Doing more to make Carlsbad a leader in protecting the
en\llronmenl?
Helping homeless people find the services they need?
Creating opportunities for residents to buy more electricity
from renewable enersy sources, such as wind and solar?
Making public transit a more convenient op lion for ------
residents?
Making it easier to get around the city In ways other than
driving a car, such as biking and walking?
Working with the airport to respond to resident concerns?
Creating more affordable housing?
Creating more parks?
Creating more public hiking trails?
Putting the train tracks below street level in Carlsbad
VUlage?
Building a new city hall and civic center?
■Oto3 a4to6 ■7to l0 0% 20¼ 40%
Zi
60%
SI Pa ge
100%
2. Would this be considered a Capital a improvement project subject to Proposition H and subject to
a vote by citizens? Shouldn't citizens vote for whether $5 .22M (certainly above the $1M limit)? My
answer is what I found in one of my files that specifically mentions Prop H funding and that it
INCLUDES the trenching of the tracks and other projects such as the Monroe Pool found in a prior
staff report.
Multiple projects wit hin the Capital Improvement Program are also anticipated to require the
expenditure of more than $1 million in city funds, as defined by Carlsbad Municipal Code
section 1.24.020, and based on preliminary assessments by staff, certain projects may not be
eligible for exceptions to the provisions of Proposition H. In such cases, Proposition H ballot
measures would need to be approved by voters for the city to proceed with construction.
Projects that might require a vote of the members of the public to approve an expenditure of
more than $1 million in city funds include, but are not limited to, renovating the Monroe Street
Pool, constructing Fire Station 7, trenching the railroad tracks, extending College Boulevard and
developing the Robertson Ranch Community Park, as well as potentially Veterans Memorial
Park, the Public Works Operation Center (the Orion Center), and the City Hall/Civic Center.
3. As this issue requires even more money than we have already spent "Ten percent of the design
for the lowered tracks option, the long trench alternative, has been completed, and additional
2
funding is needed ... " in my opinion this is placing more money-good after bad.
4. I find it concerning that the Staff Report did not mention how much of our General Fund money
has been spent so far. I know it has been in the Millions (because of the above statement that
rvl0% has been done). In a report from 2020, it seems that as the Council had selected the Long
trenching then, that shows in 2020 dollars up to $395 Million.
Project Cost Estimates
• Estimates based on 26 feet of vertical clearance standard:
Alternative
Short Trench
Long Trench
2020 $s
$245 -$265 million ii-$395 million
• Per NCTD, 24 feet of vertical clearance may be possible:
Alternative
Short Trench
Long Trench
Construction Cost
Savings (20 $s)
$9 million
$16 million
16
Please drop this boondogle. I've been studying the various proposed and approved housing projects
and the water table is between 5ft and 17 ft below the surface. We will be forever bailing out the
trench and I forsee multiple problems with this issue.
Please vote no.
Thank you,
Kris Wright
District 1
Carlsbad
kriswrt222@gmail.com
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