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.
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)
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 StateBeach, in the County of San Diego, State of California; and •Whereas, Permittee has applied to State for permission to access Carlsbad State Beach forpurposes of carrying out grounds keeping, maintenance of facilities, and restoration of the coastalbluff habitat (the Project); and •Whereas, the State desires to accommodate Permittee's application for permission to enter CarlsbadState Beach for purposes of the Project as provided herein, and to the extent such Project may beultimately described, permitted, approved and conditioned by this document and subsequentEnvironmental Documents, and as may be conditioned by any other regulatory agency havingjurisdiction, if applicable. •Whereas, the parties entered into that certain Right of Entry Permit dated May 19, 2022, the partiesnow 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 andmaintenance 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 PropertyDepartment.d.State will track staff hours for all plan review related to the Beach Access Repair Project anduse 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 beginningOctober 3, 2022 and ending on May 19, 2023.
3.Section 4, Consideration: Permittee agrees to pay State the sum of $40,000.00 Dollars ($) asconsideration 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 shallreturn 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 Permitshall 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
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STATE OF CALIFORNIA CITY OF CARLSBAD Department of Parks and Recreation By: By: Name: Gina Moran Name: Matt Hall Title: District Superintendent II Title: Mayor San Diego Coast District Carlsbad City Hall (619)688-3356 (442)339-2820 Dated: Dated:
DocuSign Envelope ID: C9E78412-BE4A-4FD0-8D0D-09AE56EA13AC 10/27/2022
Source: Google Earth ProPine AveWalnut AveChestnut AveMaple AveAcacia AveCherry AveJuniper AveHemlock AveRedwood AveTamarack AveSequoia AveAqua Hedionda LagoonOak AveChinquapin AveUpper Sidewalk RepairsStairway ReplacementSycamore AveAlong Carlsbad Blvd (Pine Ave to Tamarack Ave) Beach Access Repairs ProjectExhibit CDocuSign Envelope ID: C9E78412-BE4A-4FD0-8D0D-09AE56EA13AC