HomeMy WebLinkAbout2015-05-19; City Council; Resolution 2015-118B<Hii>rr
1 RESOLUTION NO. 2015-118
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, RENEWING THE RIGHT OF ENTRY PERMIT WITH THE
STATE OF CALIFORNIA DEPARTMENT OF PARKS & RECREATION TO
4 IMPROVE/MAINTAIN THE UPPER PICNIC FACILITIES AT TAMARACK
STATE BEACH AND THE COASTAL BLUFF AT TAMARACK/FRAZEE
5 STATE BEACH
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y WHEREAS, the State of California Department of Parks and Recreation (State) operates
8 under significant budget constraints that resulted in a corresponding decline in the quantity and
^ quality of services it provided to the public at Tamarack and Frazee State Beaches; and
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WHEREAS, this fact was evident at the Tamarack State Beach Upper Picnic Facilities
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(Picnic Facilities) and the Tamarack/Frazee State Beach Coastal Bluff (Coastal Bluff) prior to
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5/20/14; and
24 WHEREAS, on that date, the City of Carlsbad (City) entered into a Right of Entry Permit
15 (Permit) with the State to improve/maintain the Picnic Facilities and the Coastal Bluff.
Concurrent with that action, the City Council allocated $899,930 for the corresponding one-
time improvements, and $115,000 per year for the corresponding ongoing maintenance; and
WHEREAS, the City became increasingly concerned about the effects of the State's
declining service levels within these properties on the general public, including residents.
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21 business owners, and tourists; and
22 WHEREAS, the State's inability to provide basic improvement and routine maintenance
services on such high profile properties bore a negative reflection on the City's image; and
WHEREAS, several members of the public indicated a desire for the City to assume the
basic improvement and routine maintenance services of State-owned beach sites; and
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1 WHEREAS, in consideration of these concerns and desires, the City Council directed staff
to initiate discussions with State staff on the potential for the City to assume such services from
the State - in the short-term, and in the long term - at the Picnic Facilities and at the Coastal
Bluff; and
WHEREAS, per the terms and conditions ofthe initial Permit, the State granted the City
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7 permission to: 1) enter onto the Picnic Facilities solely for the purpose of "...maintaining
8 landscaping, irrigation systems, hardscapes, and daily facility housekeeping tasks for the
comfort station (i.e. blockhouse restroom)...", and 2) enter onto the Coastal Bluff solely for the
purpose of "...revegetating native coastal bluff habitat, retrofitting/expanding existing irrigation
system, and maintaining said vegetation and irrigation system...."; and
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J3 WHEREAS, further per the terms and conditions, the initial Permit "...shall only be for
14 the period beginning on 5/20/2014, and ending on 5/19/2015, or as may be reasonably
15 extended by written mutual agreement ofthe Parties"; and
WHEREAS, the intent ofthe Permit was to allow the City a timely, short term means of
entering the Picnic Facilities and the Coastal Bluff in order to commence improvement and
maintenance services; and
WHEREAS, a year after execution of the Permit, the subject sites are dramatically
21 transformed, and are under regularly scheduled maintenance programs. By virtually all
22 accounts, successful results for these areas were in fact achieved within the initial Permit; and
WHEREAS, presuming successful results were achieved within the initial term of the
Permit, the City's intent was to execute a long term Agreement for continuation and expansion
ofthe described services on these sites; and
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1 WHEREAS, due to the extensive nature and duration of an Agreement, additional levels
of State review and approval are needed. The process of fully executing an Agreement with the
State typically requires at least one year; and
WHEREAS, staff has continued to meet regularly with State staff to discuss the potential
for executing an Agreement on the Picnic Facilities, Coastal Bluff, and other state-owned beach
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7 sites. Until an Agreement is executed, staff recommends renewing the Permit on the Picnic
8 Facilities and Coastal Bluff for one year, beginning 5/20/15, and ending 5/19/16.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows that:
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1. The above recitations are true and correct.
2. The City Council does hereby renew the Permit with the State to
improve/maintain the Picnic Facilities and the Coastal Bluff.
3. The Mayor is authorized to execute the Permit on behalf of the City of Carlsbad.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 19th day of May 2015, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
None.
None.
ATTEST:
BARBARA ENGLEGON, City Clerk
(SEAL)