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2008 WMB08B Region Bch Sand II CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT Meeting Date: February 8, 2012 TO: Mayor and City Council VIA: Gus Vina, City Manager Paul Bussey, Interim Director of Fi ce FROM: Katherine Weldon, Program Administrator SUBJECT: Consider Adoption of Resolution 2012-08 to Amend the Memorandum of Understanding (MOU) between San Diego Association of Governments (SANDAG) and Carlsbad, Encinitas and Solana Beach Regarding Regional Beach Sand Replenishment Project II (RBSPII); Consider Adoption of Resolution 2012-09 to request $141,706 from the Beach Sand Mitigation Fund at SANDAG and Approve an Appropriation of$83,294 to WMB08B; BACKGROUND: The California Department of Boating and Waterways (DBW) Erosion Management section provided SANDAG with $19.5 million in grant funds to redesign the next Regional Beach Sand Project II to add 1.4 million cubic yards of dredged sediment from three offshore borrow sites in San Diego County. In Encinitas, sand will be placed at Batiquitos (105,000 cubic yards), Moonlight (92,000 cubic yards) and Cardiff (89,000 cubic yards) for a total 286,000 cubic yards. SANDAG completed the Environmental Impact Report (EIR) and received permits and plan to begin the project in Summer 2012. ANALYSIS: On January 4, 2012, SANDAG received four competitive bids that exceeded the engineers cost estimate for the overall project. In order to make up the difference, SANDAG is requesting the cities of Solana Beach, Encinitas and Carlsbad provide an additional $173,360, $225,000 and $225,000 respectively. SANDAG is also requesting $1.5 million in additional funding from the DBW and California Coastal Conservancy. The additional funds would be included as a contingency fund and utilized only if needed. SANDAG will reimburse the Cities if the funds are not required. SANDAG has requested the City sign Amendment#3 to the existing MOU#5001253 to memorialize the additional funding request (Attachment 1). The California Coastal Commission requires homeowners to allocate funds to a Sand Mitigation Fund to offset the sand volume that would have gone to the shoreline when a homeowner is Last printed 1/25/2012 9:30:00 AM permitted to build a seawall. The City of Encinitas currently has $141,706 in an interest bearing account at SANDAG that has been deposited by Encinitas homeowners, who have been permitted to build seawalls. These funds may only be utilized to place sand on the beach. In order to offset the City's Sand Management Fund, staff recommends utilizing this existing fund to offset the additional costs for the RBSPII(Attachment 2) FISCAL AND STAFF IMPACTS: To date, Encinitas has contributed the following funds to SANDAG for the RBSP II project: Items Tasks Budget Year Preliminary Geotechnical investigation,preliminary $66,500 2008 design, and identification of environmental impacts. Phase 1 Environmental review match, permitting, $46,988 2010 final engineering plans and specifications Subtotal $113,488 The following tasks have been invoiced and are pending payment based on SANDAG awarding the construction contract: Phase 2 Biological &shoreline monitoring,planning $65,719 2011 contingency&construction management Phase 3 Original estimated cost share for $481,645 2012 construction and contingency Beacons Beach voluntarily removed from 2011 the project to reduce construction costs Additional funds required for construction $225,000 2012 Subtotal $772,364 The revised estimated cost share for the City of Encinitas' participation in RSBPII is $885,852. In preparation for the RBSP II project, the City has previously appropriated $660,852 from the Sand Management Fund to the Capital Improvement Program Work Project SANDAG Regional Beach Sand Project II WMB08B (Attachment 3). SANDAG staff has requested an additional $225,000 to offset the construction bids and supplement the contingency fund. Estimated Project Cost(Encinitas) $885,852 Current Project Budget WMB08C $660,852 Difference $225,000 The Sand Management Fund currently has an available fund balance of$677,897. Utilizing the California Coastal Commission Sand Mitigation Fund will offset the impact to the City's Sand Management Fund. Project Shortfall (Encinitas) $225,000 CCC Sand Mitigation Fund $141,706 Difference $83,294 Last printed 1/26/2012 1:40:00 PM There are adequate funds in the City's Sand Management Fund (fund 210) to support the remaining balance of the request from SANDAG. Staff recommends Council authorize a transfer of $83,294 from the Sand Management Fund to the RSBPII Project (WMB08C). RECOMMENDATION: Staff recommends that the City Council take the following action: 1. Adopt Resolution No 2012-08 (Attachment 4) authorizing the City Manager to sign the modified MOU indicating an agreement to pay an additional $225,000 for the Regional Beach Sand Project II; 2. Staff also recommends City Council adopt Resolution No. 2012- 09 (Attachment 5) to request funds from the Coastal Commission Beach Sand Mitigation fund held at SANDAG to offset the costs; and 3. Appropriate$83,294 from the Sand Management Fund to RSBPII (WMB08C). ATTACHMENTS: Attachment#1 Amendment#3 to Memorandum of Understanding#5001253 Attachment#2 Seacoast Preservation Homeowners Association—Letter of Support Attachment#3 Capital Improvement Plan (Work Projects) FY2009-2012 for SANDAG Regional Beach Sand Project II Attachment#4 Resolution No. 2012-08 Attachment#5 Resolution No. 2012-09 Last printed 1/25/2012 9:30:00 AM O _M y y y R7 �O N I M M M N W [L GL w O N N N a 1� h V CQ O ^ ^ Oa 000 O O l� z z LL f LL LL 00 � o 0 0 1 � y y 00. 00 ON o, Z3 Ccl °O " ago �0 0000 000 r- w � � � COO 3 Q E c E E v 3 0 0 0 0 d u, cad p U 'y •t y 00 O 00 00 O Q o O oc '� ° ° ° c o O O "13 h CL. .q rT LPL. C C C V 3 �" croj r y � v o .p � 0. �. U a O a Z3 Q r V GL C a V O v G y Ll CL O L ._' N 0 0 C C� °' 00 �'�, coo cl o Zt W v CL CW _ > ❑ a� Z of O °) b G. O b G Z > y C v °� cr ccz `¢ cn C U ccz c c m w ❑ ao c o v z -Z � 4d 04 v In o c�i v C Q v v cl i o p h O C Z O CL. 4 U �Y t OV 4 v 'C7 -C U C UUG .aU0 CL QD zf14cV UN Resolution 2012-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, TO ENTER INTO AMENDMENT 3 TO MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS AND CITIES OF CARLSBAD,ENCINITAS AND SOLANA BEACH REGARDING REGIONAL BEACH SAND REPLENISHMENT PROJECT II FOR THE PURPOSE OF SUPPLEMENTING THE CONTINGENCY FUND OF THE SANDAG RBSPII. WHEREAS, SANDAG has received a$19 5 million grant for the next RBSPII from the California Department of Boating and Waterways (DBW) for the implementation in the San Diego region; and WHEREAS, in June 2009, the Coastal cities and SANDAG entered into Memorandum of Understanding (SANDAG contract No. 5001253) to implement the Regional Beach Sand Project II on a regional basis, and WHEREAS, the DBW funding requires a 15 percent local match to be paid by the San Diego region for all DBW funds expended on the RBSPII; and WHEREAS, in August 2011, the region's coastal cities amended contract No 5001253 to implement phases two and three of the Project on a regional basis; and WHEREAS, as part of the Project memorialized in SANDAG Contract No# 5001253, the cities of Carlsbad, Encinitas, and Solana Beach were to receive 383,000, 441,000 and 140,000 cubic yards of sand respectively; and WHEREAS, in order to bid the Project, SANDAG requested that changes to the Project be made that align revenues with expenses based upon the engineer's probably opinion; and WHEREAS, the Project sand quantities were reduced by 11 percent and the receiver site at Leucadia beach at the City of Encinitas was removed and included as an additive alternative in the Invitation for Bids, and, WHEREAS, four bids were received for the Project and all were higher than the engineer's probable opinion with the lowest bid approximately 14 percent higher; and WHEREAS, additional funds need to be secured in order to award the Project; and WHEREAS, the cities of Carlsbad, Encinitas, and Solana Beach have each agreed to provide $225,000, $225,000 and $173,360, respectively, in addition funds for the placement of sand at their respective receiver site, which additional monies were not included in Contract No 5001253 as part of the Project; and WHEREAS, the city of Encinitas aggregate fund commitment to the Project is, $819,352 plus the preliminary planning funding of$66,500 for a total of WHEREAS, SANDAG will invoice the cities of Carlsbad, Encinitas, and Solana Beach for the additional funds to be used for contingency and returned to the cities if the funds are not used, and, WHEREAS, SANDAG will work with the cities of Carlsbad, Encinitas, and Solana Beach to determine the final sand quantity based on available funds with the goal of placing the maximum quantities allowable, 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$225,00 from the Coastal Zone Management Fund to Capital Improvement Project(WMB08B) for additional contingency funding to the Regional Beach Sand Project II. SECTION 3 That the City Manager of the City of Encinitas, California is authorized to execute an Amendment#3 to the existing MOU and Contract No 5001253 SECTION 4 That the Finance Director is authorized to appropriate $225,000 from the Coastal Zone Management Fund to provide Encinitas's share of the contingency funding for the next Regional Beach Sand Project 1I. SECTION 5. Any funds not used by SANDAG will be maintained for the City of Encinitas in an interest-bearing account with interest credited to the City of Encinitas to be returned if the contingency funds are not used. Any unused funds will be returned to each City. SECTION 6. 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 SECTION 7. The City understand that SANDAG would not proceed with the Project without assurances that Carlsbad and Solana Beach has entered into a memorandum of understanding identical in term to this MOU SECTION 8. This MOU may be altered, changed or amended only by mutual written consent of the parties hereto. PASSED AND ADOPTED this 8`h day of February 2012, by the following vote AYES. Barth, Bond, Gaspar, Muir, Stocks. NAYS: None. ABSTAIN: None. ABSENT: None erome Stocks Mayor, City of Encinitas ATTEST. VA zlmfinn�Q- Deborah Cervone, City Clerk Resolution 2012-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, TO REQUEST FUNDING FROM THE CALIFORNIA COASTAL COMMISSIONS BEACH SAND MITIGATION FUND ADMINISTERED BY SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAL) FOR THE REGIONAL BEACH SAND PROJECT II. WHEREAS, the Beach Sand Mitigation Fund consists of fees collected by the California Coastal Commission through its coastal development permit process pursuant to special conditions of various permits, as mitigation for the adverse impacts of shoreline protective structures, such as seawalls and revetments, on the beaches within San Diego County; and WHEREAS, the mitigation fees are deposited in an interest bearing account created at SANDAG, with all interest earned payable to the account for purposes stated below; and WHEREAS, the purpose of the account is to provide a beach sand mitigation fund to aid local governments, working cooperatively through SANDAG, in the restoration of the beaches within San Diego County; and WHEREAS, the fund shall be solely used to implement projects which provide sand to the region's beaches; and WHEREAS, the Regional Beach Sand Project (RBSPII) by SANDAG will add 286,000 cubic yards of sandy material to Batiquitos (105,000 cy), Moonlight Beach (92,000 cy) and Cardiff(89,000 cy) in Encinitas; and WHEREAS, SANDAG requires an additional funding commitment from Solana Beach, Encinitas and Carlsbad for$173,360, $225,000 and $225,000 respectively for the placement of sand at the respective receiver sites, which were not included in the original Contract No. 5001253 as part of the project; and NOW, THEREFORE,the City Council of the City of Encinitas, California does hereby resolve as follows 1 That the above recitations are true and correct. 2 According to the Memorandum of Understanding between the California Coastal Commission and SANDAG the Beach Sand Mitigation Fund are eligible for projects that move sand to the beach, 3. That the City Council approves the request for funding from the Beach Sand Mitigation Fund for $141,706. 4. That SANDAG's Shoreline Preservation Working Group will evaluate the proposed beach replenishment project and determine if the money from the fund should be allocated to this project. 5. After adoption by SANDAG's Shoreline Preservation Working Group the request must be submitted to the Executive Director of the Commission for review and approval PASSED AND ADOPTED at a regular meeting of the City Council of the City of Encinitas, California, held on the 8`h day of the February 2012, by the following vote AYES. Barth, Bond, Gaspar, Muir, Stocks. NAYS: None. ABSTAIN- None. ABSENT- None. J ome Stocks Mayor, City of Encinitas ATTEST: LL-a ----- Deborah Cervone, City Clerk Resolution 2009-05 SANDAG RBSP6#2 MOU Page 2 of 4 RESOLUTION NO. 2011-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLANA BEACH, CALIFORNIA, TO ENTER INTO AMENDMENT 1 TO THE MEMORANDUM OF UNDERSTANDING WITH SANDAG FOR THE PURPOSE OF FUND_ ING A PROPORATIONAL SHARE OF THE SECOND AND THIRD PHASES OF THE SANDAG REGIONAL BEACH SAND PROJECT #2. 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 2001 the beaches in Solana Beach received more than 140,000 cubic yards of sand; and, WHEREAS, the region's Coastal Cities, including the City of Coronado, have expressed an interest and desire to implement another such project, the Regional Beach Sand Project 2 (RBSP #2 or Project) on a regional basis, as economies of scale and efficiencies would likely result in a more productive and successful project; and WHEREAS, a number of benefits, including recreational, economic, and public safety enhancements, protection of infrastructure, and increases in habitat would occur as the result of beach nourishment; and WHEREAS, in September 2008, SANDAG received a grant for RBSP #2 funding from the California Department of Boating and Waterways (DBW) for $6.5 million for the first year of RBSP #2 implementation in the San Diego region; and WHEREAS, SANDAG received additional funds for fiscal year 2010 and expects to received an additional $6.5 million for fiscal year 2011 for RBSP #2 implementation; and WHEREAS, the DBW funding requires a 15 percent local match to be paid by the San Diego region for all DBW funds expended on the RBSP #2; and WHEREAS, the Coastal Cities have entered into an MOU reflecting their commitment to provide the 15 percent match for the first (and completed) phase of the project; and Resolution 2011-030 + Amendment 1 to the SANDAG RBSP#2 MOU Page 3 of 3 WHEREAS, this Amendment 1 to Memorandum of Understanding is needed to demonstrate the participation in and financial commitment to the second and third phases of the RBSP #2; and WHEREAS, the Coastal Cities anticipated execution of an amendment to the MOU to reflect their ongoing commitment to provide the 15 percent match for the additional Project funds; and WHEREAS, the Project methodology to allocate the 15 percent match required by DBW among the Coastal Cities is based on the formula of 60 percent amount of sand received, 10 percent miles of coastline restored, and 30 percent population; and WHEREAS, the Coastal Cities wish to change the funding allocations for Phase 2 of the Project, which includes biological and shoreline monitoring, planning contingency as needed to fulfill permitting requirements, and construction management with this Amendment; and WHEREAS, the Coastal Cities have agreed to an allocation of the estimated costs for Phase 3 of the Project assuming that Alternative 1 is selected which would replicate the RBSP 1, which will include construction and construction contingency; and WHEREAS, the parties wish to memorialize additions and modifications to the MOU with this Amendment in order to carry out the purposes set forth above; NOW, THEREFORE, the City Council of the City of Solana Beach, California does hereby resolve as follows: 1. That the above recitations are true and correct. 2. The City Council, in entering into this MOU with SANDAG, advances a Priority Project as outlined in the City's 2010-0211 Workplan, as well as furthering a regionally important goal, to obtain sand for the local beaches. 3. The City Council approves an apropriation of $20,594 for Phase 2 tasks of the RBSP #2 to the Sand Replenishment Fund (450-9925-6190-6530) as contained in the FY 2010-2011 Budget. 4. The cities of Oceanside, Carlsbad, Encinitas, Solana Beach, and Imperial Beach have approved their appropriation as set forth in the table below. The table shows each relevant Coastal City's proportional share of the required DBW 15 percent match for Phase 2 of the Project, which includes biological and shoreline monitoring, planning contingency as needed to fulfill permitting requirements, and construction management. Funds will be paid to SANDAG prior to the start date of Phase 2 of the Project. Resolution 2011.030 Amendment 1 to the SANDAG RBSP#2 MOU Page 3 of 3 Jurisdictions Carlsbad 60%Sand 10% Miles' 30°l0 Encinitas {01} T©tai $38 Solana Beach $46,0'978 $6,006 popuiat�on, Del Mar 72 $7,4 1 $20,166 $65,1 50 San Die o $14,172 $3,675 $12,187 $65,719 Imperial Beach $0 $0 $2,747 $20,594 Total $0 $0 $0 $0 $12,141 $3,065 $0 $111,363 $20,207 $5686 $20,892 5• The City Council approves $172,355 RBSP #2 $172,355 the pprOVes an apropriation of in the FY Sand Replenishment Fund $150,931 for Phase 3 2010-2011 Budget The source then 9925-6190-6530) tasks of the Mitigation Account held b of these funds ae t as outlined related sand mitigation by and derived from Solana Beach December 31 to the California m the payment of seawall- process of obtaining the account balance Coastal Commission. these funds for the was $976.153. Cit As of 6 The cities City. Y staff is in the Beach have a Oceanside, Carlsbad approved their a Encinitas, Solana table shows each relevant appropriation Beach, and Imperial DBW 15 as set forth in the table . Th percent match for Phase Coastal City's proportional share below. The costs and construction contingency 3 s the Project of the required be paid to S 1 , which includes construction ANDAG prior to the start date of P d to fund the Jurisdictions tease 3 project. Funds will Of the Project. Carlsbad 60%Sand 10% Miles 30% Encinitas $285,660 (01) Total Solana Beach $44,020 Population Del Mar $337,650 $54,677 $147'792 $477,473 San Die o $103,866 $26,935 $89,318 $481,645 Imperial Beac $0 $0 $20,130 $150,931 h $0 $0 Total $88,980 $0 $0 $0 $111,363 $22'461 $41,671 $0 $20'207 $40,786 $153,111 $1,263,160 7• For its proportional share and 3 of the Pro" of the required DBW 15 $200,000 Project, the City of Oceanside percent match for Phases 2 Fiscal 00 p r Year 1 Fer three has approved Y 12, and Fars for a total of an allocation of to the start date of P Y 13. F $600,000, which includes in this A teases 2 ands shall be paid to SAND greement is intended n affect Project and on Jul AG prior have against the federal Y remedy Y 1, 2013. Nothing beaches. government related to Y the City of Oceanside may erosion occurring on Oceanside Resolution 2011-030 Amendment 1 to the SANDAG RB Page MOU of 3 share of at each Coastal City is paling for their proportional tood th ch. It is also understood thamodifi modifications to g. It is under percent mat change necessitating the required DBW 15 P re nests more or less sand Coastal City q and the other and the needs of the Coastal evnt that a a in Alternative 1 and a this assumption. in will be permitted the planned amount that i the smodification DAG. beyond agreement, aid to SAN Coastal Cities are ►n ag roportional adjustment to costs shall be p p the MOU shall terminate to the parties in writing, parties may g provide 60 rsixty) g, That unless it is amended by from this MOU shall p n the MOU 1 2016, or on such earlier or later date as the December 3 to withdraw given, in writing. Any Party wishing withdrawn, If such notice ►s g forr n on those parties who have oot►on of the costs that days' written notice of its desire to withdraw. ' shall continue to be binding hall be responsible for P and the G in duaed prior to receiving the notice. SANDA of Solana SAN will be maintained for to City Beach l 10.Any funds not used by account with interest. compared to each coast Beach in an inter its Any unused o reflect its contribution to tom RB on of the RBSP #2. prorated t until the c p prorated basis. jurisdictions contribution, on a similarly p funds will be returned to each City Id not proceed with the RBSPO#2 1.The City understands thaea h coastalNjurisdiction has entered into iations, the 1 approvals of appropriations, without assurances that MOU, reflecting pP identical in terms aggregate of which will fund the RBSP #2. regularly scheduled g of February 2011, at a vote, City of Solana Beach, California by the following PASSED AND ADOPTED thi y23`d dal meeting of the City Council of the AYES: Councilmembers — NOES: Councilmembers — ABSENT: Councilmembers — May ABSTAIN: Councilmembers— or LEESA HEEBNER, ATTEST: APPROVED AS TO FORM: ANGELA IVEY, City Clerk City Attorney i0HANNA N. CANLAS, Resolution No.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 PROPORATIONAL 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 specficiations; 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 11`h day of February 2009, by the following vote: AYES: NAYS: ABSTAIN: ABSENT: Maggie Houlihan Mayor, City of Encinitas ATTEST: Deborah Cervone, City Clerk SANDAG Contract No. 5000875 OWP N,- '3002800 RESOLUTION 2007-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) SUPPORTING A REGIONAL BEACH SAND PROJECT AND COMMITTING TO FUNDING PRELIMINARY DESIGN AND STUDIES RECITALS WHEREAS, the City Council of the City of Encinitas, California, has determined it necessary and in the public interest to enter into a Memorandum of Understanding with the San Diego Association of Governments (SANDAG) supporting a Regional Beach .Sand Project and committing funds for preliminary design and studies; and 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 2004, SANDAG adopted the Regional Comprehensive Plan (RCP), which is a strategic land use planning framework for the San Diego region through 2030 that supports the continued implementation of the Strategy, outlining the preservation and enhancement of the region's beaches and nearshore areas as environmental and recreational resources that must be protected; and RCP; and WHEREAS, the San Diego region is committed to implementing the Strategy and WHEREAS, the region's coastal cities, including the cities of Carlsbad, Coronado, Del Mar, Encinitas, Imperial Beach, Oceanside, San Diego and Solana Beach, have expressed an interest and desire to implement another such project on a regional basis, as economies of scale and efficiencies would likely result in a more productive and successful project; and WHEREAS, a number of benefits, including recreational, economic, and public safety enhancements, protection of infrastructure, and increases in habitat would occur as the result of beach nourishment; and WHEREAS, SANDAG has initiated the necessary steps to compete for beach sand replenishment funds from the California Department of Boating and Waterways through the development and delivery of a feasibility study (the "Project"); and WHEREAS, the total estimated Project cost of approximately $25 million includes an estimated $500,000 in preliminary planning activities, which is requested to be paid by the region; and The Regional Beach Sand rol*ect WN The Regional Beach Sand Project II (RBSP II) will widen beaches by adding millions of cubic yards of clean sand to many of the region's eroded beaches. This public works effort is being coordinated by local governments, working together through SANDAL. SANDAG wants to hear from you! Come learn about the project and provide your input during the public review period for the Regional Beach Sand Project II Environmental Impact Report/ Environmental Assessment, which will run from January 26, 2011, through March 14, 2011 . The Draft EIR/EA will be available on the SANDAG Web site at www.sandog.org/shoreline beginning January 26, 2011. Please join us at one of three public RBSP II EIR/EA input meetings scheduled in February 2011. Wednesday, February 2, 2011 Thursday, February 3, 2011 Thursday, February 3, 2011 6 - 7:30 p.m. 1:15 - 2:45 p.m. 6 - 7:30 p.m. Encinitas City Hall Shoreline Preservation Working City of Imperial Beach Poinsettia Room Group Meeting Dempsey Holder Safety Center 505 S. Vulcan Avenue SANDAG 950 Ocean Lane Encinitas, CA 92024 401 B Street, 7th Floor Imperial Beach, CA 91932 (Conference Room 7) San Diego, CA 92101 If you would like to know more details about the RBSP II, receive the Environmental Impact Report, or provide input of any kind please contact SANDAG at (619) 699-0640, beachsand @sandag.org, or visit www.sandag.org/shoreline. SAIYD�AG In compliance with the Americans with Disabilities Act(ADA),SANDAL will accommodate persons who require assistance in order to participate in the scoping meetings listed above. If such assistance is required,please contact SANDAG at((619)699-0640 at least 72 hours in advance of the meeting.To request materials in an alternative format,please call(619)699-0640,(619)699-1904(TTY),or fax(619)699-1905. CITY OF ENCINITAS MEMORANDUM Date: February 16, 2012 To: Mayor and City Council members From: Gus Vina, City Manager Katherine Weldon, Shoreline Project Manager Larry Giles, Captain Lifeguard Services RE: Surf Monitoring Project at Moonlight Beach Tower Background In response to the Regional Beach Sand Project II (RBSPII)proposed for Summer 2012 and managed by San Diego Association of Governors (SANDAL), the Surfrider Foundation San Diego Chapter is commencing a Surf Spot Monitoring Program at surf spots nearby project receiver sites. RBSPII will place close to 2,000,000 cubic yards of dredged sand at 8 receiver sites along San Diego County beaches. During the permit approval process with the California Coastal Commission (CCC), the Surfrider Foundation requested that surf spot monitoring to be a part of the physical beach sand monitoring proposed by CCC. The CCC supported the idea of surf spot monitoring and attached it to the annual reporting requirements for the project but did not require SANDAG to commit additional resources but requested the Surfrider Foundation to organize and compile the monitoring program. Goal The goal of this project is to provide qualitiative assessment of San Diego County surf sports in response to the RBSPII by utilizing observations from a surf spot monitoring network. The network has resources to nun for 2 years and track the following parameters: • Establish a baseline • Daily observations • Track changes in surf quality and surfability. • Assess changes in beach width and shoreline position. Analysis: Surfrider Foundation would like to affix a fixed view camera to the Moonlight Beach Tower to record the D Street surfbreak, before, during and after the RBSPII sand placement. City staff recommends that Surfriders submit a temporary encroachment permit that will include special conditions for placing a surf camera on a public facility. m16632 TEMPORARY ENCROACHMENT AND REMOVAL COVENANT ENCROACHMENT PERMIT NO. Case No. 1. City is entitled to remove all or a portion of the camera system installed by Permittee in order to repair, replace, or install public improvements. City shall have no obligation to pay for or restore Permittee's improvements. 2. Permittee agrees to hold harmless, defend and indemnify from and against all claims, demands, costs, losses, damages, injuries, litigation, and liability arising out of or related to the use, construction, encroachment or maintenance to be done by the Permittee or Permittee's agents, employees or contractors on City Property. 3. Upon abandonment, revocation, completion, or termination, Permittee shall, at no cost to the city, return City Property to its pre-permit condition within the time specified in the notice of revocation or prior to the date of abandonment. 4. Permittee waives the right to assert any claim or action against the City arising out of or resulting from the revocation of this permit or the removal of any improvements or any other action by the City, its officers, agents, or employees taken in a manner in accordance with the terms of the permit. 5. Camera placement will be a fixed view toward the D Street surfbreak. 6. Audio will not be allowed. 7. Camera footage will not be allowed for commercial usage. 8. Permittee will be responsible for any vandalism to the camera. 9. Permittee will only utilize the camera footage for the identified purposes stated in the project description dated February 15, 2012. 10. Permittee must coordinate with the Public Works facilities and the Marine Safety Department for installation of the camera. 11. Permittee must allow the Marine Safety Department access to the Regional Beach Sand Project II : Surf Spot Monitoring Surfrider Foundation San Diego Chapter February 15, 2012 Introduction In response to the Regional Beach Sand Project II (RBSPII) proposed for Spring 2012 construction by the San Diego Association of Governors (SANDAG), the Surfrider Foundation San Diego Chapter is commencing a Surf Spot monitoring program at surf spots nearby project receiver beaches. RBSP II will place close to 2,000,000 cubic yards of dredged sand at 8 receiver sites along San Diego County beaches. The project is scheduled to begin in April 2012, and will continue through September 2012 and will bring sand to 7 North County and 1 South County San Diego beaches. The overarching goal of the project is to provide an assessment of San Diego County surf spots and their response to the influx of sand from the RBSP II. Surf spot monitoring will consist of a network of 6 internet connected video cameras located at surf spots nearby the RBSP II receiver sites. Trained volunteers will analyze video and compile automated measurements from the surf camera network. The camera network will utilize the services of CoastalCOMS to provide a video archive for the camera network and apply algorithms developed and tested by coastal scientists to extract wave parameter estimates from the video. CoastalCOMS is a company that has been providing video-based coastal monitoring at beaches worldwide since the mid-1990s. Project Background Surf spots are an important part of our culture and economics, and should be protected to the full extent possible. Regional beach fill projects are also important to the economic stability of local municpalities, but should not be constructed at the expense of other important resources. Until this point, there has been no effort to assess the impact to San Diego County surf spots from beach fill projects, and often, only anecdotal evidence of the effects are discussed in planning documents. A goal of this project is to replace the anecdotal evidence, which is often unreliable due to the wide range of surfing skill and experience of those reporting it, with observations from a consistent framework of surf spot monitoring. As part of Surfrider Foundation San Diego chapter's comments on the RBSP II Environmental Impact Report, it was identified that there was uncertainty regarding the beach fill's impact on nearby surf breaks. When SANDAG brought the project to the California Coastal Commission for permit approval, Surfrider requested that surf spot monitoring be a part of the physical beach sand monitoring proposed by CCC. The CCC supported the idea of surf spot monitoring, and attached it to the annual reporting requirements for the project, but did not require SANDAG to commit resources towards surf spot monitoring, rather calling on Surfrider and other volunteer groups to organize and compile the monitoring program. Planning and development of the surf spot monitoring project has been ongoing since June 2011 and has a target install date of February 2012. Surf Spot Monitoring Project Goals As mentioned above, the overarching goal of the project is to provide a qualitative assessment of San Diego County surf spots and the response to the RBSP 11 by utilizing observations from a Parameter rNumber values Type of Measurement Wave Height et Video derived, video observed Wave Period conds Video derived, video obs erved Number of ridable waves Video observed Ride Length Number in seconds Video observed Wave Type Spilling, Plunging, Collapsing or Surging Video observed Quality of ride Peeling, Hollow, Close out, Walled, Short Video observed ride, Long ride Tidal height Number in feet External source High, Low, flooding, ebbing Wind Speed Speed in knots External source Wind Direction Compass direction External source Number of Surfers Number Video Observed Table 1: Surf spot monitoring parameters. Reporting Compilation and analysis of the surf quality parameters will be conducted by Surfrider Foundation San Diego chapter and will be provided to SANDAG as part of their annual reporting. SANDAG will provide a template to interface Surfrider's surf spot assessment into their reporting format. Specifics will be discussed with Moffatt & Nichol. Page 1 of 1 Katherine Weldon From: sdcampaigncoordinator @gmail.com on behalf of Julia Chunn [Julia @surfridersd.org] Sent: Monday, February 06, 2012 2:19 PM To: Katherine Weldon Cc: Tim Chandler Subject: Info re: Moonlight Beach Camera Request Attachments: Imperial_Camera_CCOMS.jpg; SurfriderSanDiegoSurfSpotMonitoring-Feb 2012.doc Hi Kathy, Please find a description of our Surf Monitoring Project attached. I have also included a photo of one of the cameras in IB to give you and idea of the size etc. Again we can place the camera inside of the tower or outside (preferably along the rafters or high up to prevent vandalism and the provide the best view). Regarding the concerns we discussed: • We will select a camera placement that would most likely eliminate capturing patient care. The camera will be point at the surf resources commonly known as "Ustreet", and would hopefully also capture the a few feet of sand above the mean-high-tide-line for shoreline position data. Any footage that did accidentally capture sensitive information would be shared with the City at their request, and would not be shared with the public. Only a few training people will have access to this footage. • No sound will be recorded, including vocals. • We (CoastalCOMS and Surfrider) will be responsible for any vandalism of the cameras. Furthermore the cameras are fully insured. • We can place a fixed or PT_7._camera at this location, we would prefer a PTZ (camera that has the ability to move) but are also okay with a fixed camera. • Footage will not be used for commercial applications. • For this study, cameras,will be placed at Imperial Beach, Solana Beach above Fletcher Cove, Solana Beach near Seaside Reef, Cardiff Reef, hopefully Moonlight Beach as requested here, and Carlsbad near Tamarack. • The cameras will provide their own Internet connection, and will draw a trace amount of power from the nearest source. Please let me know if you need any additional information. Thank you, 4— /� mil• Julia Chunn-Neer Campaign Coordinator Surfrider Foundation, San Diego Chapter Julia surfridersd.or� 2/6/2012 Description of Work to Be Done Place camera on Moonlight Beach Tower to record the surf at D Street. Conditions Camera placement will be a fixed view toward the D Street surfbreak. Camera placement will be fixed to eliminate capturing patient care. No audio will be allowed. Camera footage will not be allowed for commercial use. Surfriders will be responsible for any vandalism to the camera. Camera will be restricted for purposes identified, only. Coordinate installation through Public Works facilities and Marine Safety. The City has the right to terminate this agreement at any time. This agreement is on a yearly basis. Marine Safety Department will be permitted to full time access if requested. Hold Harmless Surfrider agrees to indemnify and hold the CITY and CITY'S officers, officials, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs. MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS AND SAN DIEGO REGION'S COASTAL JURISDICTIONS REGARDING REGIONAL BEACH SAND REPLENISHMENT PROJECT II This Memorandum of Understanding ("MOU,,) is made and entered into effective as of this 11 day of February, 2009 by and between the San Diego Association of Governments ("SANDAG") and the City of Carlsbad, City of Del Mar, City of Encinitas, City of Imperial Beach, City of Oceanside, City of San Diego, and City of Solana Beach ("Coastal Cities"). RECITALS The following recitals are a substantive part of this Agreement: 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 2004, SANDAG adopted the Regional Comprehensive Plan (RCP), which is a strategic land use planning framework for the San Diego region through 2030 that supports the continued implementation of the Strategy, outlining the preservation and enhancement of the region's beaches and nearshore areas as environmental and recreational resources that must be protected; and WHEREAS, the San Diego region is committed to implementing the Strategy and RCP; and WHEREAS, the region's Coastal Cities, including the City of Coronado, have expressed an interest and desire to implement another such project, the Regional Beach Sand Project II (the "Project") on a regional basis, as economies of scale and efficiencies would likely result in a more productive and successful project; and WHEREAS, a number of benefits, including recreational, economic, and public safety enhancements, protection of infrastructure, and increases in habitat would occur as the result of beach nourishment; and WHEREAS, in September 2008, SANDAG received a grant for Project funding from the California Department of Boating and Waterways (DBW) for$6.5 million for the first year of Project implementation in the San Diego region; and 20 C-70229 CA/PM (Rev 09/07) AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: SANDAG AGREES: 1. Manage the Project in coordination with the Coastal Cities through; the Shoreline Preservation Working Group; and involve the Coastal Cities in the implementation of all phases of the Project. 2. The SANDAG Project Manager will invoice the Coastal Cities a minimum of 30 days prior to the start date of each phase of the Project to ensure prompt payment by all parties. 3. The proportional share provided by each Coastal City shall be expended by SANDAG solely for the Project. Any funds not used will be kept by SANDAG in an interest-bearing account with interest credited to each Coastal City prorated to reflect its contribution to the Project as compared to other Coastal Cities' contributions until the completion of the Project. Unused funds will be returned to each City on a similarly pro-rated basis. 4. Neither Coastal City 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 the Coastal Cities, 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. COASTAL CITIES AGREE: 1. Each has approved their appropriation outlined in the chart below, being its proportional share of the required DBW 15 percent match for the environmental, permitting, and final engineering plans and specifications, which funds will be paid to SANDAG prior to the start date of this phase of the Project. Environmental Permitting Final Engineering Plans and Jurisdictions Review Match Match S ecifiLations Match Oceanside $13,058 $ 9,141 $26,118 $48,317 Carlsbad $11,335 $7,934 $22,668 Encinitas $12,699 $41,936 $8,890 $25,399 $46,988 Solana Beach $4,159 $2,911 $8,319 Del Mar $4,956 $3,469 $15,390 San Die o $9913 $18,338 $27,817 $19,471 $55,632 $102,920 Imperial Beach $3,767 $2,637 $7,533 Total $77,791 $54,453 $13,937 $155,582 $287,826 22 C-70229 CA/PM (Rev 09/07) 2. The Coastal Cities understand that SANDAG would not proceed with the Project without the assurances set forth in this MOU, reflecting the Coastal Cities' approvals of their respective appropriations, the aggregate of which will fund the Project. 3. 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 the Coastal Cities under or in connection with any work, authority, or jurisdiction delegated to the Coastal Cities under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, the Coastal Cities shall fully defend, indemnify, and save harmless SANDAG, 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 the Coastal Cities under or in connection with any work, authority, or jurisdiction delegated to the Coastal Cities 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 Coastal Cities, 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 City of Encinitas 401 B Street, Suite 800 505 Vulcan Avenue San Diego, CA 92101 Encinitas, CA 92024 Attn: Shelby Tucker Attn: Phillip Cotton 3. That unless it is amended by the parties in writing, this MOU shall terminate on Insert_Date, or on such earlier or later date as the parties may agree to in writing. Or 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. If such notice is given, the MOU shall continue to be binding on those parties who have not formally withdrawn. 4. The indemnification provisions of this MOU shall survive termination of the MOU. 5. 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. 6. 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. 7. 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 venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 23 C-70229 CA/PM (Rev 09/07) 17 IN WITNESS WHEREOF,the Parties hereto have executed this Amendment effective on the day and year first above written. SAN DIEGO ASSOCIATION OF APPROVED AS TO FORM: GOVERNMENTS GARY L.GALLEGOS Office of General Counsel Executive Director City of Carlsbad APPROVED AS TO FORM: Matt Hall Ron Ball Mayor City Attorney City of Encinitas APPROVED AS TO FORM: PHILLIP COTTON Glenn Sabine City Manager City Attorney City of Imperial Beach APPROVED AS TO FORM: GARY BROWN Jim Lough City Manager City Attorney City of Oceanside APPROVED AS TO FORM: JIM WOOD John Mullen Mayor City Attorney City of Solana Beach APPROVED AS TO FORM: DAVID OTT Johanna Canlas City Manager City Attorney 16 [SIGNATURE PAGE FOLLOWS] 15 contingency as needed to fund the project.Funds will be paid to SANDAG prior to the start date of Phase 3 of the Project. 30% Jurisdictions 60%Sand 10%Miles 01 Po ulation Total Carlsbad $285,660 $44,020 $147,792 $477,473 Encinitas $337,650 $54,677 $89,318 $481,645 Solana Beach $103,866 $26,935 $20,130 $150,931 Del Mar $0 $0 $0 $0 San Diego $0 $0 $0 $0 Imperial Beach $88,980 $22,461 1 $41,671 1 $153,111 Total $111,363 $20,207 1 $40,786 1 $1,263,160 6. For its proportional share of the required DBW 15 percent match for Phases 2 and 3 of the Project,the City of Oceanside has approved an allocation of $200,000 per year over three years for a total of $600,000, which includes Fiscal Year(FY) 11,FY 12,and FY 13.Funds shall be paid to SANDAG prior to the start date of Phases 2 and 3 of the Project and on July 1, 2013. Nothing in this Agreement is intended to affect any remedy the City of Oceanside may have against the federal government related to erosion occurring on Oceanside beaches. 7. It is understood that each Coastal City is paying for their proportional share of the required DBW 15 percent match. It is also understood that the conditions and the needs of the Coastal Cities may change necessitating modifications to this assumption. In the event that a Coastal City requests more or less sand beyond the planned amount, and the other Coastal Cities are in agreement, the modification will be permitted and a proportional adjustment to costs shall be paid to SANDAG. III. THE FOLLOWING LANGUAGE SHALL REPLACE THE EXISTING LANGUAGE IN THE REFERENCED SECTIONS UNDER THE HEADING "THE PARTIES MUTUALLY AGREE" IN THE MOU: 3. That unless it is amended by the parties in writing, the MOU shall terminate on December 31,2016, or on such earlier or later date as the parties may agree to in writing. Any party wishing to withdraw from this MOU shall provide 60 (sixty) days written notice of its desire to withdraw. If such notice is given, the MOU shall continue to be binding on those parties who have not formally withdrawn, and the withdrawing party shall be responsible for its portion of the costs that SANDAG incurred prior to receiving the notice. III. THE FOLLOWING LANGUAGE SHALL BE ADDED TO THE EXISTING LANGUAGE IN THE REFERENCED SECTIONS UNDER THE HEADING "THE PARTIES MUTUALLY AGREE" IN THE MOU: 11. Amendment to the 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. 12. That all terms of the MOU remain unchanged and binding except to the extent they are modified by an Amendment. 14 WHEREAS, the Coastal Cities wish to change the funding allocations for Phase 2 of the Project, which includes biological and shoreline monitoring,planning contingency as needed to fulfill permitting requirements,and construction management with this Amendment;and WHEREAS, the Coastal Cities have agreed to an allocation of the estimated costs for Phase 3 of the Project, which will include construction and construction contingency;and WHEREAS, the parties wish to memorialize additions and modifications to the MOU with this Amendment in order to carry out the purposes set forth above; NOW THEREFORE, in consideration of the mutual promises set forth herein,the parties agree as follows: AMENDMENT I. THE FOLLOWING LANGUAGE SHALL REPLACE THE EXISTING LANGUAGE IN THE REFERENCED SECTIONS UNDER THE HEADING"COASTAL CITIES AGREE"IN THE MOU: 1. The cities of Carlsbad, Encinitas, Solana Beach, and Imperial Beach have approved their appropriation as set forth in the table below. The table shows each relevant Coastal City's proportional share of the required DBW 15 percent match for Phase 2 of the Project, which includes biological and shoreline monitoring, planning contingency as needed to fulfill permitting requirements, and construction management. Funds will be paid to SANDAG prior to the start date of Phase 2 of the Project. Jurisdictions 60%Sand 10%Miles 01 Population Total Carlsbad $38,978 $6,006 $20,166 $65,150 Encinitas $46,072 $7,461 $12,187 $65,719 Solana Beach $14,172 $3,675 $2,747 $20,594 Del Mar $0 $0 $0 $0 San Diego $0 $0 $0 $0 Imperial Beach $12,141 $3,065 $5,686 $20,,892 Total $111,363 $20,207 $40,786 $172355 2. The Coastal Cities understand that SANDAG will not proceed with Phase 2 of the Project without the assurances set forth in the MOU and amendments thereto, reflecting the Coastal Cities' approvals of their respective appropriations, the aggregate of which will fund the Project. II. THE FOLLOWING LANGUAGE SHALL BE ADDED TO THE EXISTING LANGUAGE IN THE REFERENCED SECTIONS UNDER THE HEADING"COASTAL CITIES AGREE"IN THE MOU: 5. The cities of Carlsbad, Encinitas, Solana Beach, and Imperial Beach have approved their appropriation as set forth in the table below. The table shows each relevant Coastal City's proportional share of the required DBW 15 percent match for Phase 3 of the Project, which includes construction costs and construction 13 Attachment 1 AMENDMENT 1 TO MEMORANDUM OF UNDERSTANDING#5001253 BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS AND SAN DIEGO REGION'S PARTICIPATING COASTAL JURISDICTIONS REGARDING REGIONAL BEACH SAND REPLENISHMENT PROJECT II This Amendment 1 to Memorandum of Understanding("Amendment")is made and entered into effective as of this_day of , 2010,by and between the San Diego Association of Governments ("SANDAG") and the City of Carlsbad, City of Encinitas, City of Imperial Beach, City of Oceanside, and City of Solana Beach("Coastal Cities"). RECITALS The following recitals are a substantive part of this Amendment: WHEREAS, in _June 2009_,the parties entered into Memorandum of Understanding (SANDAG Contract No.5001253)to implement the Regional Beach Sand Project II(the"Project")on a regional basis;and WHEREAS, SANDAG received funds for fiscal year 2010 in the amount of$6.5 million for the second year of the Project implementation in the San Diego region from the Department of Boating and Waterways(DBW);and WHEREAS, SANDAG expects to receive additional funds for fiscal year 2011 in the amount of$6.5 million for the third year of Project implementation from DBW;and WHEREAS, the DBW funding requires a 15 percent local match to be paid by the San Diego region for all DBW funds expended on the Project;and WHEREAS, the Coastal Cities anticipated execution of an amendment to the MOU to reflect their ongoing commitment to provide the 15 percent match for the additional Project funds;and WHEREAS, the Project methodology to allocate the 15 percent match required by DBW among the Coastal Cities is based on the formula of 60 percent amount of sand received, 10 percent miles of coastline restored, and 30 percent population;and WHEREAS, SANDAG requires a funding commitment from each Coastal City prior to work commencing on each phase of the Project tasks using the additional funding;and WHEREAS, the proportional share of the Project for the first three Project tasks (Phase 1)has been paid by the Coastal Cities;and WHEREAS,the Coastal Cities have agreed to pay their proportional share for each phase of the Project; and WHEREAS, the proportional share of the Project costs for the first three Project tasks (Phase 1) has been paid by the Coastal Cities; and 12 8. 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. 9. 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 to third parties. 10. 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. IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF CITY OF ENCINITAS GOVERNMENTS GARY L. GALLEGOS PHILLIP COTTON Executive Director CITY MANAGER APPROVED AS TO FORM: APPROVED AS TO FORM: Office of General Counsel Legal Counsel 24 C-70229 CA/PM (Rev 09/07)