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2009-008 MUP Regional Beach Sand Project RESOLUTION 2009-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH SANDAG FOR THE PURPOSE OF FUNDING A PROPORTIONAL SHARE OF THE ENVIRONMENTAL STUDY COSTS FOR THE SECOND REGIONAL BEACH SAND PROJECT WHEREAS, in 1996, SANDAG adopted the Shoreline Preservation 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, the region's Coastal Cities have expressed an interest and desire to implement another RBSP on a regional basis, as economies of scale and efficiencies would likely result in a more productive and successful project; and WHEREAS, in September 2008, SANDAG received a grant from the California Department of Boating and Waterways (DBW) for $6.5 million for the first year of RBSP II implementation in the San Diego region; and WHEREAS, SANDAG expects to receive additional fund for fiscal years 2010 and 2011 in the amount $6.5 million for each fiscal year for RBSP II; and WHEREAS, the DBW funding requires a 15% match to be paid by the San Diego region for all DBW funds expended on the RBSP #2; and WHEREAS, the Coastal Cities must enter into an MOU with SANDAG reflecting their commitment to provide a 15% match; and WHEREAS, the Shoreline Preservation Working Group agreed to provide financial commitment for environmental review, permitting and final engineering plans and specifications; and WHEREAS, a cost share methodology to allocate the 15% match required by DBW has been accepted by the Coastal Cities and includes 60% for the amount of sand received, 10% for the miles of coastline restored, and 30% for population; and WHEREAS, preliminary planning activities, which began in September 2008, included an investigation of offshore sand sources and preliminary project design; and WHEREAS, SANDAG requires a funding commitment from each Coastal City prior to work commencing on each of the RBSPII tasks; and WHEREAS, this MOU is intended to commit the Coastal Cities to completion of their 15% for environmental review, permitting and final engineering plans and specifications; and NOW, THEREFORE, the City Council of the City of Encinitas, California does hereby resolve as follows: SECTION 1. That the above recitations are true and correct. SECTION 2. The City Council approves appropriation of $46,988 from the Capital Improvement Project (WMB08A). SECTION 3. The City of Encinitas' proportional share shall be expended by SANDAG solely for the first three project tasks: environmental review, permitting, and final engineering plans and specifications. Any fund not used by SANDAG will be maintained for the City of Encinitas in an interest-bearing account with interest credited to Encinitas prorated to reflect its contribution to the RBSPII as compared to each coastal jurisdictions contribution, until the completion of the RBSPII. Any unused funds will be returned to each City on a similarly prorated basis. SECTION 4. The City understands that SANDAG would not proceed with the RBSPII without assurances that each coastal jurisdiction has entered into a MOU identical in terms to this MOU, reflecting approvals of appropriations, the aggregate of which will fund the RBSPII. PASSED AND ADOPTED this 1 I 'h day of February 2009, by the following vote: AYES: Barth, Dalager, Houlihan, Stocks. NAYS: None. ABSTAIN: None. ABSENT: Bond. Maggie lihan Mayor, City of Encinitas ATTEST: Deborah Cervone, City Clerk