CA Review __AF__
Meeting Date: Nov. 15, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Lauren Ferrell, Associate Engineer
[email protected], 442-339-2558
Hossein Ajideh, Engineering Manager
[email protected], 442-339-2756
Kyle Lancaster, Parks & Recreation Director
[email protected], 442-339-2941
Subject: Amendment to a Right-of-Entry Permit with the California Department of Parks and Recreation to Include Reimbursement for Plan Reviews of the Beach Access Repairs and Upgrades from Pine Avenue to Tamarack Avenue Project
District: 1
Rec
ommended Action
Adopt a resolution authorizing Amendment No. 1 to the existing right-of-entry permit with the California Department of Parks and Recreation to include reimbursement, up to an amount of $40,000, for plan reviews for the Beach Access Repairs and Upgrades from Pine Avenue to Tamarack Avenue, Capital Improvement Program Project No. 3896.
Executive Summary
The City of Carlsbad has a right of entry permit with the California Department of Parks and Recreation (Exhibit 2) that allows the city to enter State Parks property to improve and maintain the upper picnic facilities at Tamarack State Beach and the coastal bluff at Tamarack/Frazee State Beach.
State Parks has authorized an amendment to the permit that would include reimbursement to State Parks for its costs in reviewing the plans for the city’s planned beach access repairs and upgrades project Capital Improvement Program Project No. 3896. These costs are estimated at $40,000.
Staff recommend that the City Council authorize this amendment, which will be valid until May 19, 2023, when the existing permit expires.
Discussion
The City Council authorized the Mayor to execute the right-of-entry permit with State Parks on May 17, 2022, with Resolution No. 2022-110. State Parks has been granting this annual permit to the city for the past eight years.
Nov. 15, 2022
Item #8 Page 1 of 8
The city’s planned project will provide necessary repairs and replacements and improve beach access along the west side of Carlsbad Boulevard between Pine Avenue and Tamarack Avenue, which is within both the city’s and State Parks’ jurisdictions.
The project comprises two major elements: upper sidewalk improvements and beach access stairway replacements. These stairways provide access along and to Carlsbad State Beach. The scope of the project consists primarily of repairing or replacing existing features in kind, except for the upper sidewalk, which is proposed to be widened to accommodate the volume of traffic of beachgoers.
The sidewalks and stairways were built in the 1980s and require repairs and/or replacements to maintain their structural integrity and safe public access. The new improvements are designed to have a service life of approximately 50 years. The project also includes replacing the existing streetlight poles along Carlsbad Boulevard from Pine Avenue to Tamarack Avenue and railing around the beach shower along the upper sidewalk near the Tamarack Avenue restroom.
Since these facilities are located within the State Parks’ jurisdiction, the agency’s approval is required. City staff have been coordinating with them regarding amending the existing right-of- entry permit to provide a mechanism for the State Parks to be reimbursed for their required plan reviews of the project.
Options
Staff provide the following options for the City Council’s consideration:
1. Authorize Amendment No. 1 to the existing right-of-entry permit with State Parks to include reimbursement, up to an amount of $40,000, for plan reviews of Beach Access Repairs and Upgrades from Pine Avenue to Tamarack Avenue Project Pros
• Allows State Parks to provide design review and approval for the project, which is within the agency’s jurisdiction
• Allows the project to move forward to provide continued safe access and enhanced coastal experiences for residents and visitors to the city Cons
• None identified
2. Do not authorize the amendment to the right-of-entry permit Pros
• None identified
Cons
• Prevents the city from obtaining design approvals from the State Parks, which are needed to move the beach access repairs and upgrades project to construction
• Impedes the project from moving to construction, which will provide enhancements to the area
• Continued degradation of these facilities and level of service standards could occur, resulting in partial or full closures of beach access stairways • May impact user experience of the facilities and surrounding areas
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Item #8 Page 2 of 8
Fiscal Analysis
Sufficient funding has been appropriated for the project from General Capital Construction and Infrastructure Replacement funds. The available funds and estimated costs for the State Parks’ reimbursement are shown below:
Beach Access Repairs and Upgrades from Pine Avenue to Tamarack Avenue, Capital Improvement Program Project No. 3896
Total appropriation to date $12,111,750
Total expenditures and encumbrances to date $1,596,781
Total available balance $10,514,969
Additional project costs
State Parks reimbursement (estimated) $40,000
Remaining balance $10,474,969
Additional appropriation needed $0
N
ext Steps
City staff will continue to finalize the project’s engineering and design and work with State Parks staff to administer project reviews and approval.
Environmental Ev aluation
The City Planner has determined that this project is exempt from the California Environmental Quality Act under Guidelines Section 15301 – Existing Facilities, which apply to the maintenance of existing landscaping, including native growth that involves negligible or no expansion of use.
Public Notification
This item was noticed in keeping with the state's Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. City Council resolution
2. Staff report dated May 17, 2022, right of-entry permit with the California Department of Parks and Recreation … (on file in the Office of the City Clerk) Nov. 15, 2022
Item #8 Page 3 of 8
RESOLUTION NO. 2022-263
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING AMENDMENT NO. 1 TO THE EXISTING RIGHT
OF ENTRY PERMIT WITH THE CALIFORNIA DEPARTMENT OF PARKS AND
RECREATION TO INCLUDE REIMBURSEMENT FOR PLAN REVIEWS FOR THE
BEACH ACCESS REPAIRS AND UPGRADES FROM PINE AVENUE TO
TAMARACK AVENUE PROJECT
WHEREAS, on May 20, 2022, through Resolution No. 2022-110, the City of Carlsbad executed a Right of Entry Permit, or Permit, with the State of California Department of Parks & Recreation, or State Parks, to enter the State Parks' property to improve and maintain the upper picnic facilities at Tamarack State Beach and the coastal bluff at Tamarack/Frazee State Beach for a term of one year, ending May 19, 2023;and
WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary, desirable and in the public interest to amend the Permit to include reimbursement provisions in favor of State Parks for their plan reviews of the city's Beach Access Repairs and Upgrades from Pine Avenue to Tamarack Avenue Project, or Project; and
WHEREAS, construction of the Project will provide necessary beach access facility repairs and replacements and improve beach access along the west side of Carlsbad Boulevard between Pine Avenue and Tamarack Avenue; and
WHEREAS, the Project is within the city's and State Parks' jurisdictions; and WHEREAS, the city agrees to reimburse State Parks, up to $40,000, for their Project plan reviews and submission of comments in response to the Project plans; and WHEREAS, sufficient funding is available from the General Capital Construction and Infrastructure Replacement funds to cover the Amendment; and WHEREAS, the City Planner has considered the potential environmental effects of this Project and has determined it to be exempt from environmental review per the California Environmental Quality Act, or CEQA, Guidelines Section 15301- Existing Facilities, which apply to the maintenance of existing landscaping, including native growth that involves negligible or no expansion of use, and that no exception to the exemption as set forth in CEQA Guidelines section 15300.2 applies.
Exhibit 1
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
l. That the above recitations are true and correct.
2. That the Mayor is hereby authorized and directed to execute Amendment No. 1 to the Permit with State Parks to include reimbursement, up to an amount of $40,000, for State Parks' plan reviews of the Beach Access Repairs and Upgrades from Pine Avenue to Tamarack Avenue Project, which is attached hereto as Attachment A.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 15th day of November, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
MATT HALL, Mayor
�- FAVIOLA MEDINA, City Clerk Services Manager
f9'(SEAL)
Nov. 15, 2022 Item #8 Page 5 of 8
AMENDMENT NO. 1 TO Agency: Department of Parks and Recreation
RIGHT OF ENTRY PERMIT
Project: Operation of Tamarack Upper Picnic Facilities:
Tamarack RR, Grass and Picnic Area & Bluff
This Amendment to the Right of Entry Permit is made and entered into this 3rd day of October 2022, between the State of California, acting by and through its Director of the Department of Parks and Recreation, hereinafter called State, and City of Carlsbad, a local Government entity, hereinafter called Permittee; State and Permittee may hereinafter be referred to as a Party, or collectively the Parties.
RECITALS
• Whereas, the State owns, operates, and maintains the State Park unit known as Carlsbad State Beach, in the County of San Diego, State of California; and • Whereas, Permittee has applied to State for permission to access Carlsbad State Beach for purposes of carrying out grounds keeping, maintenance of facilities, and restoration of the coastal bluff habitat (the Project); and
• Whereas, the State desires to accommodate Permittee's application for permission to enter Carlsbad State Beach for purposes of the Project as provided herein, and to the extent such Project may be ultimately described, permitted, approved and conditioned by this document and subsequent Environmental Documents, and as may be conditioned by any other regulatory agency having jurisdiction, if applicable.
• Whereas, the parties entered into that certain Right of Entry Permit dated May 19, 2022, the parties now desire to amend said term(s) of the Right of Entry Permit as of October 3, 2022. • Now therefore, it is mutually agreed between the parties hereto as follows:
TERMS AND CONDITIONS
1. Section 1, Project Description to include completion and review of stairway and sidewalk repair and maintenance plans known as the Beach Access Repair Project as shown in Exhibit “C”. a. Permittee will finalize and submit plans to State.
b. State will review plans and submit comments through its Southern Service Center. c. State will review plans and long-term access through its Acquisition and Real Property Department.
d. State will track staff hours for all plan review related to the Beach Access Repair Project and use the funds identified in Section 4 to reimburse staff time.
2. Section 3, Term of Permit: The amended scope described in Section 1 runs from the period beginning October 3, 2022 and ending on May 19, 2023.
3. Section 4, Consideration: Permittee agrees to pay State the sum of $40,000.00 Dollars ($) as consideration for the rights granted by this Permit. This includes billable hours for specialist reviews.
Payment is due upon execution of this Amendment No. 1 to the Right of Entry Permit. State shall return any unused funds described in this section to Permitee.
4. Except as expressly amended herein, all of the terms and conditions of the said Right of Entry Permit shall remain unchanged and in full force and effect.
This Amendment No.1 to the Right of Entry Permit has been executed by the parties on the date written below.
DocuSign Envelope ID: C9E78412-BE4A-4FD0-8D0D-09AE56EA13AC Attachment A
Nov. 15, 2022
Item #8 Page 6 of 8
DocuSign Envelope ID: C9E78412-BE4A-4FD0 -8D0D-09AE56EA13A C
ST ATE OF CALIFORNIA
Department of Parks and Recreation
~DocuSlg ntd by:
By:L:2~&&:=
Name: Gina Moran
Title: District Superintendent II
San Diego Coast District
(619) 688-3356
Dated: 1012712022
Nov. 15, 2022
CITY OF CARLSBAD
~~•me;l:!lJl/ff
Title: Mayor
Carlsbad City Hall
(442) 339-2820
Dated:
Item #8
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Source: Google Earth Pro
Pine Ave
Walnut Ave
Chestnut Ave
Maple Ave
Acacia Ave
Cherry Ave
Juniper Ave
Hemlock Ave
Redwood Ave
Tamarack Ave
Sequoia Ave
Aqua Hedionda
Lagoon
Oak Ave
Chinquapin Ave
Upper Sidewalk RepairsStairway Replacement
Sycamore Ave
Along Carlsbad Blvd (Pine Ave to Tamarack Ave)
Beach Access Repairs Project
Exhibit C
DocuSign Envelope ID: C9E78412-BE4A-4FD0-8D0D-09AE56EA13AC Nov. 15, 2022
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