HomeMy WebLinkAbout2024-06-25; City Council; Resolution 2024-165RESOLUTION 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 An ge les-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 cost s, 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 loca l 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.
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)
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 -
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.
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
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]
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
C
SCOTT CHADWICK
City Manager
APPROVED AS TO FORM:
�/c. )UM�
City Attorney