HomeMy WebLinkAbout2023-04-04; Beach Preservation Commission; ; Memorandum of Understanding Regarding Preliminary Planning Activities for a Regional Beach Sand ProjectMeeting Date: April 4, 2023
To: Beach Preservation Commission
From: Kyle Lancaster, Parks & Recreation Director
Staff Contact: Michael Tully, Parks Planner
michael.tully@carlsbadca.gov, 442-339-5724
Subject: Memorandum of Understanding Regarding Preliminary Planning Activities
for a Regional Beach Sand Project
Recommended Action
Receive a presentation and recommend the City Council approve a Memorandum of
Understanding Between San Diego Association of Governments (SANDAG) and the City of
Carlsbad Regarding Preliminary Planning Activities for a Regional Beach Sand Project.
Background
SANDAG is the Metropolitan Planning Organization 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.
In July 1993, the "Shoreline Preservation Strategy for the San Diego Region" was adopted by
SANDAG as a long-term strategy, for restoring the regional beaches. The vision sets out
objectives, policies, and recommendations for executing a coordinated list of solutions for each
of the region's shoreline areas.
In September 2001, SANDAG implemented and completed the Regional Beach Sand Project
(RBSP) I, which placed at 12 eroded beaches, 2.1 million cubic yards of clean, beach-quality
from Imperial Beach to Oceanside. The success of the RBSP I, which was a pilot project,
demonstrated the feasibility of beach replenishment in the San Diego region and achieved the
objective of replenishing the region's beaches while at the same time not negatively impacting
the environment.
In December 2012, the RBSP II added 1.5 million cubic yards of new sand added to Imperial
Beach, Oceanside, Encinitas, Cardiff and Carlsbad beaches. In particular, Carlsbad beaches
received an estimated 350,000 cubic yards of sand from the RBSP II. The RBSP II was also a
success, again demonstrating the feasibility of beach replenishment and achieving the above-
mentioned objective.
April 4, 2023 Item #2 1 of 8
Discussion
The State of California has also identified beach nourishment as a type of nature-based climate
solution, to which the San Diego region has demonstrated a commitment. SANDAG’s 2021
Regional Plan includes a Sustainable Communities Strategy to promote nature-based climate
solutions as a climate adaptation strategy.
The City of Carlsbad’s Strategic Plan (2023-22027) incorporates by reference the Carlsbad
Community Vision, which is made up of nine core values.
The following of those core values are tied to beach nourishment in Carlsbad:
• Small town feel, beach community character and connectiveness
• Open space and the natural environment
• Access to recreation and active, healthy lifestyles
• The local economy, business diversity and tourism
• Walking, biking, public transportation and connectivity
• Sustainability
Additionally, the following of the strategic plan goals are tied to beach nourishment in Carlsbad:
• Community Character
o Maintain Carlsbad’s unique community character and connectiveness
• Quality of Life & Safety
o Prioritize the safety and well-being of the community
• Sustainability & the Natural Environment
o Protect the environment and natural resources
• Economic Viability
o Foster a healthy local economy
SANDAG proposes to conduct a feasibility study for a RBSP III, 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 the RBSP III 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 several 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.
According to SANDAG, 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. Further, multiple benefits, including recreational,
economic, and public safety enhancements, protection of infrastructure, and increases in
habitat, are cited as results of beach nourishment.
April 4, 2023 Item #2 2 of 8
In addition to SANDAG successfully administering RBSP I in 2001 and RBSP II in 2012, SANDAG
has an established regional forum - the Shoreline Preservation Working Group - where elected
officials are engaged in regional adaptation projects, such as beach nourishment.
Representatives of several coastal cities on the Shoreline Preservation Working Group have
expressed an interest in initiating the RBSP III. SANDAG staff have committed to coordinating
with city staff, City Council Members who serve on the Shoreline Preservation Working Group,
and other technical advisors on this project.
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 hired by SANDAG 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.
On March 27, 2023, staff received a revised draft Memorandum of Understanding (MOU)
between the City of Carlsbad and SANDAG regarding Preliminary Planning Activities for a
Regional Beach Sand Project. Similar MOUs were executed prior to the implementation of
RBSP I and RBSP II. The proposed MOU for a RBSP III states in part:
• 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
• The preliminary planning activities…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
• 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
• SANDAG requires a written funding commitment for each participating Coastal City prior
to work beginning on the Preliminary Planning Activities; and
• 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
• 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
• The parties wish to memorialize their agreement in this MOU to carry out the purposes
set forth above.
April 4, 2023 Item #2 3 of 8
Sufficient funds are available in the Parks Maintenance Operating Budget to address the City of
Carlsbad’s contribution of $64,677 (Proportional Share) for Preliminary Planning Activities
necessary for the development of a RBSP III. Staff is recommending the Commission
recommend the City Council approve a MOU Between San Diego Association of Governments
and the City of Carlsbad Regarding Preliminary Planning Activities for a Regional Beach Sand
Project.
Exhibits
1. Memorandum of Understanding Between San Diego Association of Governments and the
City of Carlsbad Regarding Preliminary Planning Activities for a Regional Beach Sand Project
April 4, 2023 Item #2 4 of 8
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,
April 4, 2023 Item #2 5 of 8
2
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.
April 4, 2023 Item #2 6 of 8
3
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 [Insert Name Of Other Party]
401 B Street, Suite 800 [Insert Address1]
San Diego, CA 92101 [Insert Address2]
Attn: Courtney Pesce Attn: [Insert Name]
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.
April 4, 2023 Item #2 7 of 8
4
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
[INSERT FULLNAME OF OTHER PARTY]
COLEEN CLEMENTSON
Chief Deputy Executive Director
[INSERT NAME]
[Insert Title]
APPROVED AS TO FORM: APPROVED AS TO FORM:
Office of General Counsel Legal Counsel
Exhibits:
• Project Scope of Work
• Project Budget
• Project Schedule
April 4, 2023 Item #2 8 of 8
Memorandum of Understanding on
Preliminary Planning Activities for a
Regional Beach Sand Project
Kyle Lancaster, Parks & Recreation Director
Parks and Recreation Department
April 4, 2023
RECOMMENDED ACTION
•Receive a presentation and recommend the
City Council approve a Memorandum of
Understanding Between San Diego Association
of Governments (SANDAG) and the City of
Carlsbad Regarding Preliminary Planning
Activities for a Regional Beach Sand Project
ITEM NO.2: REGIONAL BEACH SAND PROJECT
BACKROUND
•SANDAG is the Metropolitan Planning Organization
for the San Diego region and plays a key role in the
regional coordination of a variety of projects
•10 of the region’s jurisdictions are in the coastal
zone and collectively manage approximately 70
miles of coastline
ITEM NO.2: REGIONAL BEACH SAND PROJECT
BACKROUND
•In 1993, a "Shoreline Preservation Strategy for the
San Diego Region" was adopted by SANDAG as a
long-term strategy, for restoring regional beaches
•The strategy sets out objectives, policies, and
recommendations for executing a coordinated list
of solutions for each of region's shoreline areas
ITEM NO.2: REGIONAL BEACH SAND PROJECT
DISCUSSION
•The state has identified beach nourishment as a
type of nature-based climate solution, to which
the region has demonstrated a commitment
•SANDAG’s 2021 Regional Plan includes a
Sustainable Communities Strategy to promote
nature-based climate solutions
ITEM NO.2: REGIONAL BEACH SAND PROJECT
COMMUNITY VISION
•The City of Carlsbad’s Strategic Plan (2023-2027)
incorporates by reference the Carlsbad
Community Vision, made up of nine core values
•Six core values and four strategic plan goals are
tied to beach nourishment in Carlsbad
ITEM NO.2: REGIONAL BEACH SAND PROJECT
CORE VALUES
•Small town feel, beach community character and
connectiveness
•Open space and the natural environment
•Access to recreation and active, healthy lifestyles
•The local economy, business diversity and tourism
•Walking, biking, public transportation and connectivity
•Sustainability
ITEM NO.2: REGIONAL BEACH SAND PROJECT
STRATEGIC PLAN GOALS
•Community Character
o Maintain Carlsbad’s unique community character
and connectiveness
•Quality of Life & Safety
o Prioritize the safety and well-being of the community
ITEM NO.2: REGIONAL BEACH SAND PROJECT
STRATEGIC PLAN GOALS
•Sustainability & the Natural Environment
o Protect the environment and natural resources
•Economic Viability
o Foster a healthy local economy
ITEM NO.2: REGIONAL BEACH SAND PROJECT
COMMISSION MISSION STATEMENT
To advise the City Council and the City Manager on
matters related to erosion prevention and
protection/enhancement of the Carlsbad shoreline
(e.g., littoral cells, sea level rise et.al.), and to study
the best means to maintain beaches for the safety
and optimum enjoyment of the public
ITEM NO.2: REGIONAL BEACH SAND PROJECT
SANDAG REPRESENTATIVES
•Keith Greer
o Manager –Environmental Compliance
•Courtney Pesce
o Regional Planner II
ITEM NO.2: REGIONAL BEACH SAND PROJECT