HomeMy WebLinkAbout2007-06-06; Agricultural Conversion Mitigation Fee Committee Ad Hoc; ; UPDATE ON AGUA HEDIONDA LAGOON FOUNDATION AND CATHOLIC CHARITIES PROPOSALS( . 1. June 6, 2007 To: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee From: Scott Donnell, Senior Planner UPDATE ON AGUA HEDIONDA LAGOON FOUNDATION AND CATHOLIC CHARITIES PROPOSALS Following the Committee's April 27, 2007, meeting, staff mailed letters outlining the Committee's concerns to the above two applicants. These letters are attached. In response, the Agua Hedionda Lagoon Foundation has prepared the attached information to further clarify its trails proposal. At the Committee's upcoming meeting, Liz Ketabian, the City's Parks Planner, will attend. Ms. Ketabian is very knowledgeable about the City's trails and will be available to answer Committee questions. The City has not received revised information from Catholic Charities in regards to its farm worker housing proposal. However, staff has spoken with Sister RayMonda DuVall, Executive Director of Catholic Charities. Sister DuVall has indicated she is gathering the budget information the Committee has requested and will be in attendance at the June 6 meeting to respond to questions. If written information is received from Catholic Charities prior to the June 6 meeting, staff will attempt to provide it to you.
C ( ( May 14, 2007 Mr. Eric Munoz, President Agua Hedionda Lagoon Foundation 1580 Cannon Road Carlsbad, CA 82008 Dear Eric, This letter is to more formally communicate the information I relayed via email to you on May 9. In your April 24, 2007, email to me, you conveyed that the Agua Hedionda Lagoon Foundation felt it had not received adequate information concerning the City's Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee's disposition of the foundation's proposal for trails program funding at the Committee's meeting on November 18, 2006. Therefore, at the Committee's April 27 meeting, members were asked to revisit their thinking with regard to the Foundation's original proposal and, then, to clarify what information they now feel is needed for continued consideration. Following are the points the Committee is asking your organization to address in a revised application. 1. What assurance will the Committee have that funds granted will be used for trails not yet constructed? What is the rationale for setting aside funds for trails that may never be constructed? 2. If the City built a trail, or required it be built by some other entity, would it not be reasonable to expect that the City would directly or indirectly maintain it as well? 3. What will be the City's liability exposure if a trail user is injured while on the trail? 4. The-Committee feels that future consideration will require a clear, comprehensive presentation of information for each trail segment proposed. Accordingly, that information should answer for each segment: o Who built it? D Who maintains it? o Why its maintenance should be a funding responsibility of the Agricultural Conversion Mitigation Fee fund? The Committee's next scheduled meeting is on June 6, 2007. Should you wish to provide a revised application for consideration at that time, I would appreciate receiving your revised proposal by Monday, May 28. I would also encourage you to have a foundation representative knowledgeable about the proposal in attendance. I hope the foregoing is sufficiently clear for the foundation to respond with a revised proposal. If you would like any further information from me, you are welcome to contact me by phone at (760) 602-4618 or email at sdonn@ci.carlsbad.ca.us. Sincerely, SCOTT DONNELL Senior Planner c: Community Development Director Planning Director Principal Planner DeCerbo
May 14, 2007 ( Sister RayMonda Duvall Executive Director Catholic Charities Diocese of San Diego 349 Cedar Street San Diego, CA 92101 -3197 Dear Sister: This letter is to memorialize the information I relayed via your voice mail last week concerning the request made to Catholic Charities by members of the City's Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee at their April 27 meeting. First, the Committee has endorsed your project in principle but has several reservations that prompt them to request Catholic Charities to provide additional information. In addition to my voice message, ML Tom Maddox discussed this topic at length with the Committee and can, I'm sure, give you in-depth details of the discussion as well as the information requested. The Committee felt many outstanding questions cannot realistically be answered at the level of detail desired until a specific plan for the proposed facility has been completed. Committee members favored granting funds to underwrite the planning phase but wanted to have more than a "guesstimate" of what expense would be involved. They have, therefore, requested that Catholic Charities develop a detailed budget for the planning portion of the project and submit a proposal to fund it to the Committee in time for them to consider it at their next scheduled meeting on Wednesday, June 6, 2007. To meet this deadline, I would appreciate receiving your proposal by Monday, May 28. The Committee advised Mr. Maddox that members would also entertain a proposal to contribute to construction costs after the planning for it has been completed and those costs are known. Because total project costs are not known at this time, the Committee's additional concern is for the feasibility of the project given that a grant from the Committee will surely not cover 100 percent of the costs and a plan for obtaining the additional funds required does not yet exist to the Committee's knowledge. Accordingly, the Committee asks that Catholic Charities include, as an information item, identification of other prospective funding sources and a projection of the amount that might reasonably be obtained from them in its request for a planning grant. Again, I believe that your representatives who participated in discussion of your application can add to the foregoing summary. . If you would like any further information from me, you are welcome to contact me by phone at (760) 602-4618 or email at sdonn@ci.carlsbad.ca.us. Sincerely, SCOTT DONNELL Senior Planner c: Community Development Director Planning Director Principal Planner DeCerbo
( ( RESPONSES TO GRANT COMMITTEE QUESTIONS Thank you for your letter of May 14, 2007, conveying the Committee's questions regarding the Agua Hedionda Lagoon Foundation's trails grant application. We appreciate this opportunity to respond to the Committee's written questions. After an Overall Response, a brief set of Initial Responses are provided; then a more detailed set of Responses are provided within the context of Carlsbad's history and experience of trail planning. This historical overview and understanding is necessary given the questions posed and community benefits of the coastal zone trail project being proposed. Questions Posed: 1. What assurance will the Committee have that funds granted will be used for trails not yet constructed? What is the rationale for setting aside funds for trails that may never be constructed? 2. If the City built a trail, or required it be built by some other entity, would it not be reasonable to expect that the City would directly or indirectly maintain it as well? 3. What will be the City's liability exposure if a trail user is injured while on the trail? 4. The Committee feels that future consideration will require a clear, comprehensive presentation of information for each trail segment proposed. Accordingly, that information should answer for each segment: a. Who built it? b. Who maintains it? c. Why its maintenance should be a funding responsibility of the Agricultural Conversion Mitigation Fee fund? Overall Response: An overview by the city staff (public works, trails management, attorney office) that is charged with city implementation of Trails may be of critical benefit to the Committee. A broader context for understanding the dynamics and processes of trail acquisition, construction and maintenance would address the primary thrust of the questions posed. To supplement that effort, the following responses are provided.
( ( \. Initial Responses: 1. The grant request is specifically for trail maintenance by the AHLF when the corresponding trail easement, or Irrevovable Offer of Dedication (IOD) is legally controlled by the Foundation. The funds cannot be used for other uses or other trails. Whatever assurances or mechanisms need to be in place to secure the Committee's confidence in this regard can be constructed and established. An interactive mechanism may be warranted whereby the AHLF outlines specific trail maintenance needs prior to accessing funds. Also, the AHLF would support the exclusive, designated use of these funds. Timeline, expiration and extension processes may assist. There are many factors that determine whether a trail ever gets constructed: setting up maintenance funds with a municipality or non-profit organization is a way to eliminate one of the proven reasons trails do not get built (maintenance costs were not considered). One overriding dynamic in this realm of trail planning, is that current projects going through the planning process have the benefit of decades of trial and error experience: there is a clear path to trail planning now from project conditioning to construction to maintenance. There are city staff, funds, programs and incentives that did not exist very few years ago. Many trails from this 'ancient' time in our city history were tied to IOD's that were valid for 21 years. Many IOD's (for example from 1986 project approvals) are now coming due and the city is not opting to take them over. That is where non-profits such as the lagoon foundations can assist. If the IOD's are not accepted then the trail opportunity is lost. This has happened elsewhere in the coastal zone (blufftop trail was required/never built on the north shore of Batiquitos Lagoon just west of the freeway) where trail opportunities are gone forever despite formal City Council approval, requirement and expectation. 2. If the City built a trail, then yes it would arrange for its maintenance; if it required the trail to be built by another entity (power plant or fish hatchery for example) then it would require that entity to maintain. Some trail links, however, require a partnership approach or they will simply not be built and will constitute a lost opportunity (Batiquitos Lagoon). A current example in this regard is the north shore of AHL where a trail was required by the approvals of the powerplant's lagoon dredging and the fish hatchery approval. This trail was required over 14 years ago in 1993. Earlier this year, the city did not want to accept this trail IOD, but rather worked with the AHLF to accept it. Part of the understanding was a partnership approach for volunteer-based stewardship and maintenance: application to various grants sources including this one is part of that partnership to provide an overdue resource amenity to the community.
( ( 3. Liability exposure rests with the AHLF. 4. An interactive approach to requesting and accessing the funds can be mutually constructed between the city and AHLF; clearly our intent is the same as the city in this regard and the corresponding mechanics need to be mutually supported and effective. Maintenance is not a funding responsibility of the Ag Fund; but rather it is a funding option to fill the gap in trails delivery to the community, especially when addressing challenging coastal zone trail links (and related trails that have been missing/required for over 14 years as one example; or gone forever in others); or when addressing IOD's from projects that date back to the late 1980's and 1990's that did not have the benefit of today's trail planning resources at the city level. Our proposal provides a way to capture these earlier trail IOD's when the city does not accept IOD responsibility prior to expiration, therefore we can complete the city's toolbox to provide the community with coastal zone trails. Detailed Responses in context of City's Trails Program/History: Before the City had a trail program, there were only a few ad hoc trails such as those at Hosp Grove, and one primary public trail at Batiquitos Lagoon. The Hosp Grove trails were not official and were not being maintained because there was no budget for it. The Batiquitos trail was (and still is) maintained primarily by the Aviara Master Homeowners Association, supplemented by volunteers from the Batiquitos Lagoon Foundation. When the City began requiring developers to construct trails in the 1980's-1990's, these were initially private trails because the City did not accept the maintenance and liability. One of the reasons for not accepting these trails was concern over the cost and the potential impact to the General Fund. In 2002 the City launched its Citywide Trails Program by authorizing half a staff position in the Recreation Department and by establishing a starting budget for trail maintenance. At this time the City began accepting maintenance and liability for selected trails, following formal acceptance of that trail by the City Council. A staff team developed the first cost estimates for trail maintenance by looking at costs in other cities and evaluating how much work could be done by volunteers. This approach was tried on the first two accepted trails, Hosp Grove and Carrillo Ranch, and the results yielded a system for maintenance and a cost per mile of trail that is used by the City today. This cost assumes that some maintenance will be done by volunteers some will be performed by City staff. Subsequently, additional trails have been accepted by the City, along with an increase in the maintenance budget to reflect the increased mileage of trails. But not every trail has been accepted. Some trails that were offered to the City in
( 1993 and earlier remained unaccepted as recently as this year. Every year the Recreation Department requests a budget for trail maintenance. ( ' ( The City's trail program also allows for a trail to be accepted by an entity other than the City. In legal terms it is referred to as acceptance of an Irrevocable Offer of Dedication (IOD) for a public trail easement. Offers to dedicate easements have a fixed term (21 years), and if they are not accepted they will expire. Recently, the AHLF accepted the trail segment on the north shore of Agua Hedionda Lagoon from Carlsbad Boulevard to the railroad tracks. This trail is heavily used by the public, and it was one of the offers that had not been accepted for over 14 years. It was due to expire in 2007 and the AHLF accepted it on May 3, 2007 after extension interaction with city staff (public works, planning, trails), the California Coastal Commission and the State Coastal Conservancy. The AHLF looks forward to accepting other trail easements in coordination with the City trail program, starting with the Abeledo IOD this month prior to expiration in late June 2007. Linking up these IOD's (vs. losing them/expiration) is the backbone of compiling the trail system around Agua Hedionda Lagoon in conjunction with citywide trails efforts. In view of the above, the answer to the Committee's question is "yes", it is reasonable to expect that the City would directly or indirectly maintain the trail. The word indirect is key here because it recognizes that funding for trail maintenance can come from many sources, including this grant program. It would be a mistake to look at the City's General Fund as the answer to all of the public's trail desires, and the City's trail program is not based on that assumption. The labor provided by volunteers is one form of "outside" funding, and grants can be another. It would make perfect sense for the City to use its own grant program to supplement the General Fund for the maintenance of new coastal zone trails and to expand trails into an area that is currently underserved. Question #1 asks, "What assurance will the Committee have that funds granted will be used for trails not yet constructed? What is the rationale for setting aside funds for trails that may never be constructed?" As described above, the City's trail program does not budget funds for maintenance of a trail until it is ready to accept the trail easement and open it to the public. AHLF would take the same approach to accepting trails and budgeting for maintenance. Like roads and other facilities, trails are not all constructed at once throughout the community. Timing depends of the actions of others, such as developers and other entitling public agencies. That is the reason for the 3 modules outlined in our grant submittal. AHLF would only request funding for the trails it has formally accepted and is actively managing at any point in time, using the same cost per mile as the City trail program.
( ( The rationale for setting aside funds for trails not yet constructed is that our opportunity to apply for these grant funds is now. Trails segments are being planned and constructed in numerous locations around Agua Hedionda Lagoon. The City's golf course is set to open in Summer 2007, and it will include a trail leading through an undercrossing of Faraday Avenue and from there to the Agua Hedionda Discovery Center. The City's trail program is also working on completion of the Coastal Rail Trail, which would link the three coastal lagoons. There will be a need for additional trails to connect these arterial trails, and all of these projects wil_l take place over a number of years. If we do not take advantage of the present opportunity to allocate funds for these trails, the funds will not be there in the future when the trail system is completed. At the same time, funds allocated for trails will not be expended except on completed, accepted trails. Given other lost trail opportunities that the city and community have experienced, this provides the chance of a reversed result. Module 1 of our request will provide for maintenance of those trails that will be constructed and accepted by AHLF within the next 5 years. Module 2 would provide for maintenance of the completed trail system for years 6 through 10. After that, AHLF would assume full responsibility for maintenance of the trail system using its own funds. We believe that this proposal will accelerate the provision of trails in this critical, central portion of the city, in a cost-effective manner that does not place additional burdens on the General Fund. Question #3 and the question of liability was addressed by the City when the trail program was established. In brief, several sections of state law provide immunity for government agencies or non-profit organizations (lagoon foundation qualify) that own or manage unpaved trails. These laws were enacted to facilitate public access and to eliminate the liability issue as an obstacle to providing trails and similar amenities. Regarding Question #4 there are five entities that are likely to construct parts of the City's trail system at different times in the vicinity of Agua Hedionda Lagoon. These entities are the City, private developers, Department of Fish and Game, Caltrans, and community groups such as AHLF. We anticipate that the City will construct trails on land it owns, such as the Hub Park lease area and Veterans Memorial Park, or future portions of the Coastal Rail Trail. Developers will be designing and constructing trails, as required by the City, as part of their projects. Caltrans is planning a major I-5 widening project, and we expect that trail and public access amenities will result. However, the trails to be constructed by the City, developers and Caltrans may not provide a complete, linked system. AHLF's request of $150,000 for Module 3 is intended to fill any gaps by funding the construction of essential trail connections that are not constructed by others.
( ( AHLF does not anticipate constructing any trails for the first 5 years. During that time, the planning for trails segments to be built by others will become clearer, and in years 6-10 AHLF would use Module 3 funding to construct the missing segments. If the trails constructed by the City, developers and Caltrans leave no gap or missing linkages to be constructed by AHLF, the $150,000 for Module 3 would become available for the City to reallocate to other eligible projects. Question #4 asks why any particular trail should be the maintenance responsibility of the Agricultural Conversion Mitigation Fee fund. The reason is that trails were specifically and intentionally included as one of the four eligible categories for funding under the grant as an eligible project. As with nature centers and beach replenishment, the link to agricultural impacts may not be immediately apparent. However, when the eligible uses were written into the City Code, there was a conscious decision made that various types of projects could serve to provide coastal zone resource protection and community amenities to partially mitigate the loss of agricultural land in the coastal zone. One of the most community-desired of those is trails that provide the public with access to conserved open space areas of Carlsbad's coastal zone. In conclusion, AHLF hopes that the information provided above will help the Committee support our grant application.
( June 6, 2007 To: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee From: Scott Donnell, Senior Planner BATIQUITOS LAGOON MONITORING AND MANAGEMENT At its April 27, 2007, meeting, the Committee requested staff provide information on Batiquitos Lagoon maintenance responsibilities. This information was requested to help the Committee evaluate a grant proposal from the Batiquitos Lagoon Foundation to fund the six-year Batiquitos Lagoon Monitoring and Management Plan Program (AGP 06-12). This grant proposal has been placed "on hold" pending the review of the additional information desired. In preparing its response, staff has primarily replied upon a 1987 agreement signed by six parties that addresses the construction and maintenance of an enhanced Batiquitos Lagoon. The six parties are: The City of Los Angeles (acting by and through the Broad of Harbor Commissioners), the City of Carlsbad, the California Department of Fish and Game, the California State Lands Commission, the National Marine Fisheries Service, and the United States Fish and Wildlife Service. As stated on its title page, the purpose of the agreement is "to establish a project for compensation of marine habitat losses incurred by port development landfills with the Harbor District of the City of Los Angeles by marine habitat enhancement at Batiquitos Lagoon." Attached are the first 21 pages of this agreement, which provide information relevant to the Committee's request. Per the agreement, funding for the lagoon enhancement project was provided by the Board of Harbor Commissioners and the Pacific & Texas Pipeline & Transportation Company, which planned a development in the Harbor District. The lagoon enhancement project was completed in 1997 at a cost of $60 million. Agreement Section XIII, on page 3, identifies the agencies responsible for designing, constructing, maintaining, and owning the enhanced lagoon. This section states in part: WHEREAS, the parties have determined that (1) [the City of] Carlsbad is the most appropriate agency to design and construct the Lagoon Enhancement Project, and to obtain the necessary property rights for construction and maintenance of the Project, (2) [the State Lands Commission] is the most appropriate agency to hold the necessary property rights for construction and maintenance of the Project, and (3) [the California Department of Fish and Game] is the most appropriate agency to assume responsibility for management, operation, maintenance and monitoring of the Project upon completion of construction ...
( ( ( Batiquitos Lagoon Monitoring and Maintenance June 6, 2007 Page 2 Under Section XIII, subsection 3, "Property Acquisition" (page 4), states in part: The parties acknowledge it is their intent that the Project will provide, in perpetuity, an enhanced fish and wildlife habitat in B'atiquitos Lagoon. The [State Lands Commission] shall issue to [California Department of Fish and Game]. for the maximum period allowed by law, a lease over the property covered by the Land Interest it holds to allow management and continued maintenance of Project. Additionally, under Section XII I, subsection 10, "Project Maintenance Responsibilities" (page 12), notes that upon construction certification, the California Department of Fish and Game " ... agrees to assume responsibility for monitoring and maintenance ... for the primary purpose of preservation in perpetuity of fish, wildlife and wetland habitat values, _ IBJhe extent funds are available ... " This subsection also identifies the City of Carlsbad ~-s being responsible to use its best efforts to minimize the amount of sediment which "may enter the lagoon. Items (a) through (f) under subsection 10 (pages 12 through 14) describe the funding of an annuity and an investment account, the former developed with California Department of Fish and Game and the other parties' input, to provide annual payments for the Department to use for maintenance costs over a 30-year period. Following that period, which began approximately upon construction completion in 1997, proceeds from the investment account could then be used for maintenance. Both the annuity and the investment account proceeds fund a "Maintenance Account." Item (a) notes that the Department has " ... the exclusive authority to withdraw funds from the Maintenance Account." Item (e) also explains what allowable maintenance costs are. In addition to the agreement, also attached for the Committee's reference are a summary of Batiquitos Lagoon Maintenance Fund Income and Expenditures from 1997 to 2007 and listings of project activity from 1984 to 2001. Staff believes this information was provided by the State Department of Fish and Game. Aware of the lagoon maintenance issues, on May 31, 2007, Carlsbad staff members held a meeting to discuss the status of the Batiquitos Lagoon. As a result of that meeting, staff is preparing a letter to send to State Department of Fish and Game. The purpose of the letter will be to request that both the City and the Department meet to begin discussing the lagoon.
( ( -~ Agreement Among ' The City of Los Angeles, The City of Carlsbad, The California Department of Fish and Game, The California State Lands Commission, The National Marine Fisheries Service, and The United States Fish and Wildlife Service. To Establish a Project for Compensation of Marine Habitat Losses Incurred By Port Development Landfills Within the Harbor District of the City of Los Angeles By Marine Habitat Enhancement at Batlqultos Lagoon WOltll >l'ORT LA
( • • • • ( • ; • • • • :. Je l\GREEMENl' l\!OIG THE CITY OF LC6 l\NGELES, THE CITY OF CARISBAD, THE CALIFOONIA DEPARD!lmr OF FISH AID GAME, THE CALIFORNIA STATE U\Nt6 CXH!ISSION, THE NATIONl\L MARINE FISHERIES SERVICE, AND THE UNITED STATES FISH AND WIIDLIFE SERVICE. TO ESTl\BLISH A mlJECT FOR cx:MPENSATIOO OF MARINE lll\BITAT IalS&S m::tlRRED BY roRl' IEVELOPMENT L!INDl.'ILIS WI'fflIN THE HARBOR DISTRICT. OF THE CITY OF LC6 l\NGEIES BY MARINE Hl\BITAT ENHl\lOMENr AT BATI(JJI'l'CE IAanl THIS AGlEEMENT is entered into by the UNITED STATES OF l\MERICA, acting by and through the FISH AND WIIDLIFE SERVICE, ~TED STATES DEPARIMmr OF THE nm!RIOR ( "EWS") and the NATIONl\L MARINE FISHERIES SERVICE, NII.or=. OCFANIC AND MMJSPHERIC l\D!INISTRATIOO, ~ STATES DEPAR'IMENr OF CCHmOl ( "!H'S") ; the STATE OF CALIFOONIA, acting by and .through the· DEPARJMENT OF FISH AND GAME ( "CDFG") and the STATE IANOO CCHIISSION ("SIC"); the CITl:' OF CARLSBllD ( "CARISBI\D") ; and the CITl:' OF LC6 ANraLES, acting by and through the BO!IIO OF IIARBOR C:000:SSIOOERS ( "BO!IIO") • I. ffl!ERFAS, the BO!IIO is authorized to foster the oroerly and necessary development of the Fort of IDs Angeles, consistent with the piblic trust for navigation, ccrrrrerce, and fisheries inclooing the creaticil of new land in the Harbor District of the City of IDs Angeles ("Harbor District") by landfill; and II. WIIEREAS, the FWS and the CDFG have as their primary mandates, in this matter, the conservation, pr:otection, and enhancement of marine fish and migratory bi.tds and their habitats, inclooing the planning of biclogical loss avoidance, minimization, and canpensation; and the R-!E'S has as its primary mandate, the conservation, protection, and enhancanent of marine fisheries · resourees, incll>lirxJ .the planning of biological loss avoidance, mirumization, and ccmpensation; and III. WIIEREAS, pert developnent landfills are subject to State regulation p,rsuant to the california Ooastal Act .and Federal regulation p,rsuant to the Rivers and Harbors Act and the Clean water Act; and IV. WIIEREAS, the BO!IIO and its tenant, the Pacific & Texas Pipeline & Transportation canpan:y ( "Pacific Texas" I contanplate an imminent harbor development within the Harbor District, consisting of a landfill totall:in;J approximately 106 acres at an average elevation - l -
( • • • • • ( • • • • • • of +20 feet J,LLW (which is equivalent to 110 acres above mean high water) as pennitted by Corps of Engineers Pennit No. 85-97 and California Coastal Commission Permit No. 5-85-623-A (the "Pacific Texas Landfill" or "Landfill"); and V, WHEREAS, the Pacific Texas Landfill and other harbor landfills will pennanently eliminate marine fish and wildlife habitat values that FWS, NMFS and COFG recommend be compensated by creation of equivalent marine fish and wildlife habitat values maintained on a permanent basis; and VI. WHEREAS, the parties intend that habitat loss compensation for the impacts on the marine environment be provided in advance of or concurrently with the habitat losses predicted from harbor landfills; and · VI I. WHEREAS, the parties concur that creation of appropriate fish and wildlife habitat values in advance of or concurrently with · the loss requires a procedure whereby habitat losses l'fflich will be incurred by specified landfill development in the Harbor District, including the Pacific Texas Landfill, could be charged against the habitat credits; and VIII, WHEREAS, the parties concur that creation of new habitat value within the Harbor District. to offset large-scale habitat losses within the Harbor Distric.t is infeasible; and IX. WHEREAS, since shallow, estuarine coastal embayment habitat in Southern California, ·with its relatively high value to ·marine fishes and migratory birds, has been reduced in area at ·a greater rate than that of deep water habitat, NMFS, CDFG, and FWS judge that compensation for adverse impacts upon the marine ecosystem should emphasize the creation of shallow water, coastal embayment habitat; and X. WHEREAS, FWS, NMFS, CDFG, CARlSB/0, and BOARD have identified Batiquitos Lagoon, within the City of Carlsbad, County of San Diego, California (the "Lagoon"), as an appropriate location for creation of habitat values to offset the habitat losses within the Harbor District; and XI. . WHEREAS, pursuant to California Public Resources Code Section 31000 et seq., the State Coastal Conservancy ·has described a·· proposed project for the physical alteration of. the Lagoon to create fish and wildlife habitat by restoring tidal influence, recontouring the Lagoon bottom, control ling causes of sedimentation through structural facilities, maintaining the Lagoon as· altered, and other actions (the ."Lagoon Enhancement Project" or "Project") as generally and conceptually described in the draft Batiquitos Lagoon Enhancement Plan (the "Enhancement Plan" or "Plan") and which are more .· · specifically described in the excerpted sections of the Plan i.hich is attached hereto as Exhibit "A" and incorporated herein by this reference; and -2 -
( • XII. WHEREAS, CARLSBAD is the local government with jurisdiction over the Lagoon and nuch ef its 11atershed area, and desires to assist • in expediting the enhancement of the Lagoon; and XIII. WHEREAS, the parties have determined that (1) CARLSBP.D is the most appropriate agency to design and construct the Lagoon Enhancsnent Project, and to obtain the necessary property rights for construction and maintenance of the Project, (2) SLC is the most • appropriate agency to hold the necessary property rights for construction and maintenance of the Project, and (3) CDFG is the most appropriate agency to assume responsibility 'For management, operation, maintenance and monitoring of the Project upon completion of construction. NOW, THEREFORE, IT IS AGREED THAT: • • • • • • • • 1. Short Description of Proiect. The Project, understood to be the Preferred Alternative of thenhancsnent Plan if undertaken after comp.letion of environmental analysis pursuant to Sections 6(e) and 13 below, shall be designed, constructed, operated and 1111intained in accordance with Exhibit A. The Project, as defined herein, includes the environnental documentation, design, pennit applications, property acquisition, construction, monitoring and maintenance activities necessary· to implement the Plan·, including: (1) the acquisition of property interests in the Lagoon (as described in Section 3, below); (2) the physical reconfiguration of the Lagoon and Lagoon bottom through dredging and excavation as required to restore tidal inflows and aid in maintaining an open Lagoon mouth; (3) creation of new intertidal and subtidal habitats (available for marine habitat loss compensation as set forth in Section 12 below; · (4) construction of sediment control facilities including protection of the riparian habitat in Encinitas Creek drainage in order to control sediment in the Lagoon (5) provision of a managed freshwater marsh to preserve like habitat; (6) construction of California least tern nesting sites, including fences; to preserve like habitat; (7) disposal of dredged and excavated material by technically feasible, environmentally acceptable and cost-effective methods; (8) monitoring activities to detennine the condition of the constructed Lagoon on a regular basis, and (9) necessary maintenance activities. The Project, as defined herein, does not include portions of the Enhancement Plan which recommend nonstructural measures for sediment control or which desc.ribe construction or maintenance of public access facilities (bike path, trails, parking, interpretive facilities, viewpoints·, bridge crossing, etc.); provided however, that these public access facilities will be analyzed in the envi ronnental documentation for the Project. It is estimated that the Project will create the following acreages of habitat type within the 596 acre wetlands area of the Lagoon: subtidal. habitat (-2 .5 feet to -8.0 feet MSL), 220 acres; unvegetated intertida 1 habitat (-2.5 feet to +2.5 feet MSL), 170 acres; salt/brackish marsh, 139 acres; freshwater marsh, 33 acres; and least tern nesting sites, 34 acres. Suitable sandy material dredged from the Lagoon to create said acreages shall be used to replenish beaches in the City of Carlsbad adjacent to the Lagoon property, if permitted and - 3 -
( • • • • • ( • • • • • ( . economically feasible, and as will be described in Project's envi ronnental documentation and design work • 2. Lead Agenc~ for CE~A Compliance and Permits. CARLSBAD shall be the lead agency or canp 1 ance w, th the ca Ii torn,a Environmental Quality Act ("CEQA") and shall be responsible for obtaining all permits and approvals necessary for Project's construction. In accordance with this Agreement and the provisions of Exhibit "B,11 attached hereto, BOA~ will provide necessary resources to allow CARLSBAD to meet said obligations. FWS, NMFS, CDFG, SLC, and BOARD shal 1 cooperate with CARLSBPll in supporting applications for such permits and approvals. CEQA work shall be coordinated with the Anny Corps of Engineers (hereinafter "Corps"), the lead agency for the environmental work for the Project under the National Environmental Pol icy Act ("NEPA") • 3. Property Acguisition. CARI.SBPll shall be responsible for obtaining fee title or pennanent easements sufficient to allow CARLSB/0 to enter the property and conduct whatever surveys and other actions necessary to accomplish construction of the Project and to assure maintenance and rronitoring of the Lagoon as fish and wildlife habitat in perpetuity as described in the Enhancement Plan. Such land use constraints shall run with the title of the land. Physical construction of the Lagoon Enhancement Project shall not commence until SLC, OJFG and BOA~ have determined that the appropriate land interest ("Land Interest") has been obtained by CARLSBAD and transferred to the SLC; provided h<1<1ever, that if BOARD authorizes construction to begin after an order of immediate possession has been obtained, then BOA~ and CARLSBPll agree not to abandon the condemnation action and the transfer of the Land Interest to SLC will be finalized on canpletion of the condemnation action. If CARLSBAD acquires the necessary Land Interest, the cost of such acquisition shall first be approved by OOA~ • Any Land Interest acquired and capital improvements constructed thereon as 1.el l as all other capital improvements constructed as part of the Lagoon Enhancement Project shall be held in trust for the People of california as Public Trust assets without regard to the source of the monies used for their acquisition or construction, and legal title to such assets shall becane vested in· the SLC. The parties acknowledge it is their intent that the Project will provide, in perpeiuity, an enhanced fish and wi.ldlife habitat in Batiquitos Lagoon. The SLC shall issue to COFG, for the maximum period allowed by law, a lease over the property covered by the Land Interest it holds to allow management and continued rreintenance of Project. OJFG shall provide CARLSBPll with a license to enter the property covered by the Land Interest in order to carryout construction hereunder. However, if CARLSBAD is not ab.le to acquire the Land Interest by a purchase or dedication in a timely way, the BOA~ may authorize construction to begin if an order of immediate possession is obtained after filing of the appropriate condemnation - 4 -
( • • • • •• ( • • • • • ( • action; provided however, if the BOARD determines that significant issues exist in the condemnation proceeding which could result in an award in excess of the amount BOARD is willing to approve for such Land Interest, then construction will not canmence until the issues are resolved to the satisfaction of BOARD. In that event the parties hereto. agree to consider extending the time 1 imi ts for the commencement of construction in accordance with the provisions of Section 6(b) by the time required to achieve such resolution. If ·the BOARD does not elect to proceed because of anticipated costs, the project shall be deaned cancel led pursuant .to Section 14(b) and the provisions of Section 15 shall apply. 4. Lead Agency for Project Construction. Design and construction of the Project, including the preparation of any additional sediment sampling, appropriate archaeological survey, environmental documentation, design and engineering services and construction, shall be done by CARI.SB/Ill in consultation with CDFG, FWS, NMFS and Corps, shall be in substantial conformance with the Enhancanent Plan, and shal 1 be supported as further provided in this Agreement and in Exhibit "B", attached hereto, by the BOARD • 5. Project Funding. (al BOARl and/or Pacific Texas shal 1 provide necessary funds for desi$n, construction and maintenance of the Project including: (1) sediment sampling, appropriate archaeologic survey, environmental documentation, preliminary design plans, necessary engineering studies and preliminary cost estimates, (collectively referred to as "Preliminary Design"); said Preliminary Design shall be in sufficient detail to: clearly demonstrate. the feasibility of, and provide an estimate of the costs of constructing Project; provide information for preparation of the necessary environmental documents and provide specific direction for preparation of final plans and specifications necessary for Project's construction and maintenance; (2) required activities for obtaining all permits and approvals necessary for construction of the Project (collectively referred to as "Permits and Approvals"); (3) required activities for obtaining the Land Interests; (4) Project final design (plans and specifications), construction and construction management; and (5) monitoring and maintenance of the constructed Project as described in Section 10, below. It ·Is understood that the funding obligations of Pacific Texas under this Agreement shall be fully satisfied by deposit of up to $2D mil lion into the Escrow Account pursuant to Section 9(a) below. In accordance with California Coastal Commission Permit No. 5-85-623-A, Pacific Texas shal 1 initially deposit $15 million. into said Escrow Account. If Project ~nager, as described in Exhibit B, determines that additional funds are necessary, Pacific Texas shal 1 deposit up to an additional $5 million. BOARD shall be obligated to provide additional funds in excess of $20 million required under this Agreement, including providing additional funds into the Escrow - 5 -
( ( I • • • • Account, subject to its right to elect not to proceed pursuant to Section 6(cl, 6(e) and 6(9), below. If BOARD elects not to proceed pursuant to one of these sections, its funding obligations hereunder shal 1 be terminated, (b) If the Pacific Texas Landfill is not constructed in the Harbor District, BOARD shall have the right, but not the obligation, to proceed with the Project pursuant to this Agreement. BOARD wil 1 fund any remaining necessary work out of the Harbor Revenue Fund in accordance with Section 9(fl, In such event, the Escrow Account described herein and in Section 9(al shall not be required. 6. Project Schedule. (al All parties hereto shall perform their obligations hereunder with all due speed so as to facilitate progress of the Project through Project's Construction Certification pursuant to subsection (kl, below. (bl Implementation of the Project shall be undertaken in an • expeditious· manner so that Construction Certification pursuant to subsection (k), below, occurs not later than four (4l years fran the effective date of this Agreement. It is further th·e intent of the • parties that physical construction of the Project shall begin no later than thirty-six (36l months from the effective date of this Agreement as defined in Section 16, below. If construction cannot begin within said time, the Project shall be deemed cancelled and the provisions of Section 15, below, shall apply, unless CDFG, FWS, and NMFS agree in writing to an extension of this time limit. If c_onstruction cannot begin within said time, aJFG, FWS and NMFS agree to consider unforeseen events beyond the control of CARLSBAD including, but not limited to, permits, land interests, aJFG, FWS and • NMFS review, etc. in granting such written extension • (cl The scope of work of the consultant undertaking the Preliminary Oesign will require the consultant to provide CARLSBAD, BOARD, aJFG, FWS, SLC and NMFS with an estimate of the cost of construction for the Project and with an estimate of the expected annual costs _of mainta_inin~ the Lagoon as described in Section lO(el, • -below. Within forty-five (45l days of receipt of these estimates, BOARD shall determine and notify all other parties hereto in writing whether it elects to proceed with the remaining funding obligations pursuant to Sections 5, 9 and 10. It is understood that the grounds for not electing to proceed include: an unreasonably high estimate of Project's construction costs; a determination that annual • maintenance costs will exceed the limit set in Section 10 (bl below; an engineering determination that the Lagoon cannot be_ physically constructed to permanently create tidal and intertidal habitat substantially as described in the Enhancement Plan; ·a determination that the necessary Property Interests cannot be obtained within a reasonable time or for a reasonable sum of money, if any; a • determination that the Lagoon is not suited for creation and - 6 -• \_ . /
C • • • • • ( • • •· • • ~ . . -.. ------~--•: --, ---~ .... , .. -~--,--· ..... maintenance of sufficient habitat value units to, at a minimum, mitigate the Pacific Texas Landfill; or a change in state law \<ottich prevents the City of Los Angeles from using excess habitat units created by the project to mitigate future Port projects. If BOARD does not elect to proceed, the Project shall be deemed cancelled and the provisions of Section 15, below, shall apply. (d) Upon completion of the Preliminary Design and prior to initiating preparation of the Envi ronnental Impact Report/Statement, CARLSBAD shall submit the Preliminary Design for the review and/or approval of BDAID, QJFG, FWS, SLC, NMFS and Corps. The scope of this review shall be limited to the consistency of the Preliminary Design with the Enhancement Plan. aJFG, FWS and NMFS shall have forty-five (45) days after receipt of the Preliminary Design to review the preliminary design plans and to either approve them or to submit written comments to CARLSBAD. Failure by any of these agencies to respond within this period shall result in the forfeiture of such party's review rights under this subsection and shall constitute approval of the nonresponding agency. COFG, FWS and NMFS shall each approve the preliminary design plans if they substantially conform, as described in Section 20, below, to the Enhancement Plan, and no agency's approval shall be unreasonably withheld. If unqualified approvals are not received from each of these agencies, CARLSBAD, in consultation with the BOARD shall modify the Preliminary Design to the satisfaction of all these agencies before proceeding further with the Project • (e) If BOAR! has notified all other parties of its election to proceed with the Project pursuant to subsection (c) above, and upon approval of the Prel fminary Design by QJFG, FWS and NMFS pursuant to subsection (d) above; CARLSBAD shall proceed with preparation of the Draft and Final Environmental Impact Report and Environmental Impact Statement. Within forty-five (45) days of certification of the Final Environmental Impact Report or approval of the Final Environmental Impact Statement, whichever occurs later, BOAR! shall determine and notify all other parties hereto in writing whether ft elects to proceed with the remaining funding obligations pursuant to Sections 5, 9 and 10. Grounds for not electing to proceed are among those set forth in Section 6(c). If BOARD does not elect to proceed, the Project shall be deemed cancelled and the provisions of Section 15, below, shall apply. (f) If BOAR! has notified all other parties of its election to proceed with the Project pursuant to this subsection, CARLSBAD shall grant project approval and, provided that all requirements of CEQA have first been satisfied, shall proceed with preparation of construction plans and specifications, and a bid package for construction of the· Project (the "Final Design•), based upon the preferred alternative described in.the Final EIR/EIS. Upon completion of the Final Design and prior to advertisement for.bids CARLSBAD shal 1 furnish BOARD, FWS, NMFS, SLC and QJFG wf th a copy of the bid package for the construction of the Project, including all - 7 -
( • • • • • • • • • • ( • engineering drawings for review and/or approval. The scope of this review shall be limited to the consistency of the Final Design with the certified Final Environmental Impact Report and/or approved Final Environnental Impact Statement. CDFG, FWS and NMFS shall have forty-five (45) days after receipt of the bid package to either approve it or to submit written comments to CARLSBAD. Failure by any of these agencies to respond within this period shall result in forfeiture of such party's review rights under this subsection and shall constitute approval of the nonresponding agency. CDFG, FWS and NMFS shall each approve the Final Design if it substantially conforms, as described in Section 20, below, to the approved project described above, and no agency's approval shall be unreasonably withheld. If unqualified approvals are not received from each of these agencies, CARLSBPll, in consultation with BOARD shall modify the Final Design to the satisfaction of all these agencies before proceeding further with the Project. (g) Upon receipt of construction bids, CARLSBAD shall illlllediately forward copies thereof to BOARD, CDFG, SLC, FWS and NMFS. Within forty-five (45) days of. receipt of the bids, BOARD shall determine and notify all other parties hereto in writing whether it elects to proceed with the renaining funding obligations pursuant to Sections 5, 9 and 10. The grounds for not electing to proceed are understood to be among those given in subsection 6 (c). If BOARD considers the lowest bid too high, CARLSBAD agrees to rebid the project if BOA~ so desires. If BOARD does not elect to proceed, the Project shall be deemed cancelled and the provisions of Section 15, below, shall apply. (h) During Project's construction, CARLSBAD shall provide all parties with access to the Project site and information on progress of the various construction activities in accordance with Section 8. Project Manager shall further provide all parties preliminary notification in writing that construction has been completed (the "Preliminary tlotification"). Upon receipt of such Prel imi nary Notification, BOARD, CDFG, FWS and NMFS and .. shal l have forty-five (45) days to inspect the Project s.ite and to notify the · Project Manager in writing of each party's preliminary determination (the "Preliminary Determination") as to whether the Project's construction has been completed in accordance with all permits obtained for the Project and with the approved .Final Design. Failure by any of the above-named parties to respond within this period shall result in a forfeiture of that party's review rights under this subsection and shall constitute an affirmative Preliminary Determination of the nonresponding agency. Each above-named agency shall make its Preliminary.Determination in the affirmative if the Project's construction substantially conforms to the approved Final Design, and no agency's approval shall be unreasonabl.Y . withheld. If the Preliminary Determination of any above-named party is not in the unqualified affirmative, the reasons therefor shall be stated with particularity. Upon expiration of this forty-five (45) day period, CARLSBAD shall decide whether to withdraw the Preliminary - 8 -
( • • • • • ( • • • • • ( • Notification or to provide all parties with final notification in writing that construction of the Project is complete (the "Final Notification") • (i) Upon receipt of Final Notification, a qualified party satisfactory to CDFG, FWS and NMFS shall undertake a study and prepare a written report of the actual acres of the Lagoon which are inundated with water at various tidal levels (r-tiHW, l½IW, MLW and MLLW) over one (1) full lunar cycle (the "Tidal Monitoring Study"). Said report shall be provided to all parties and Corps within sixty {60) days after Final Notification. Funding for conduct of the Tidal Monitoring Study shall be from the Escrow Account described in Section 9(a), below. (j) Upon receipt of the Tidal Monitoring Study, any recalculation of habitat units pursuant to Section 12(e), belCM, shall be performed. (k) Within forty-five {45) days of the receipt of the Tidal Monitoring Study and based on any such recalculation, CARLSBAD, BOARJ, CDFG, FWS and NMFS shall each make a final determination (the "Final Determination•) as to whether the Project's construction has been completed in accordance with all permits obtained for the Project and the approved Final Design, and if the Final Determination is affirmative, shall certify this determination to all other parties and Corps, Failure by any of the above-named parties to make a Final Determination within this period shall result in forfeiture of that party's review rights under this subsection and shall constitute an affirmative Final Determination of the nonresponding agency. Each above-named party shall make its Final Determination in the · affirmative if the Project's construction substantially conforms to the approved Final Design, and no agency's approval shall be unreasonably withheld. Construction of the Project shall be deemed complete upon said certification by each of the above-named parties. (The certification of all these parties is hereinafter collectively referred to as the "Construction Certification.') 7. Linkage with Harbor District Landfills and Release of Claims • (a) In accordance with California Coastal Commission Permit No, 5-85-623-A no fill shall co111Rence for the Pacific Texas Landfill until Pacific Texas has deposited $15 million into the Escrow Account ·pursuant to Section 9(a), below. It is understood that under the terms of said pe .. , upon epo!i.j t of up to $20 million into the Escrc,,, Account, acific Texas s~ll have no further obligation to mitigate for the loss of~fish,,and wildlife habitat values caused by the Pacific Texas nd_fi ]..-except as provided in Corps Permit No. 85-97. It is further un f tood that under the tenns of the escrow instructions to be prepar in accordance with said _Coastal Commission Permit, in retu n for this limitation of mitigation · responsibilities, Pacific T\as_w:l~ be required to forever release '\ 1tr--JO k \j).c.11, 1 ?,~i,.-i L-/:\. , ~ 11~~ 7\'1-A':/ r•k <1/ cJ\ 4 i"W""-1-,-tNJ..-cJ\--t,,,~-f,,.\l ("='I\S\~._ ~-.!.\, \,1 "\='o--1-"6 L -A.-
( • • • • • ( • • • • • ( . and discharge all parties to this Agreement, and their officers, agents and enployees, fran any claims, demands, damages or judgments arising out of implementation of or failure to implement any mitigation project for the Pacific Texas Landfill, including, without limiting the above, any claims for mismanagement, misappropriation or misuse of said Pacific Texas deposit. (b) Except for the Pacific Texas Landfill, and in accordance with Corps Pennit No. 85-97. construction Certification (pursuant to Section 6(k), above) or certification of completion of another project mitigating the effects of the Pacific Texas Landfill (pursuant to Section 15, below) is a prerequisite to any filling in the "outer harbor area" of the Harbor District by BOARD, or any of its tenants. Further, in accordance with said permit, if said certification has not been made within four (4) years of initiation of the Pacific Texas Landfill 's construction, BOARD, or any of its tenants, shall not canmence any inner harbor fills requiring off-site mitigation of biological impacts until mitigation for such inner harbor fills has been accomplished • 8. Construction Monitoring. CDFG, FWS and NMFS, at their cost, shall have the right to monitor construction of the Project, through their staffs and/or through contract with an engineering consultant, to ascertain whether construction is proceeding in accordance with the approved Final Design. Each party shall have the right to visit the Project site, as needed, and shall be furnished with all needed information by the Project Manager, to carry out effective monitoring. In the event that construction is not proceeding in substantial conformance with the Final Design, or cannot so proceed due to onsite conditions or other reasons, CARLSBAD shall immediately notify all parties to this Agreement. At CARLSBAD's request, BOARD, CDFG, FWS and NMFS agree to participate in discussions regarding appropriate steps to remedy the situation. 9, Establishment of Accounts and Use of Funds. The funds described in Section 5 shall be deposited and administered in the fol lowing matter: ' · · (a) Escrow Account. Prior to start of construction of the Pacific Texas Landfill, Pacific Texas shall be required to deposit $15 mil lion (the "Pacific Texas Deposit") into an escrow account (the "Escrow'Account") t.llich shall be established within sixty {60) days of the effective date of this Agreement by BOARD for the purpose of holding these funds and disbursing these funds consistent with this Agreenent. The escrow instructions for the EscNM Account, prepared by the Executive Director of the California coastal Canmission in accordance with Coastal Pennit No. 5-85-623-A, shall be reviewed and approved by CARLSBAD, BOARD and Pacific Texas in writing prior to establistment of the Escrow Account. BOARD shall be the trustee for the Escrow Account for the benefit of the parties hereto. Under the escrow instructions, BOARD shall be authorized to request -10 -·······-
( • • • • • ( • • • • • ( . disbursement of funds in the Escrow Account: {i} for costs incurred by CA~SBPll or BOAffi in preparing Preliminary Designs, in preparing environmental documents, in obtaining Permits and Approvals, in obtaining title to the Land Interests and in carrying out the Final Design, construction and the Tidal Monitoring Srudy; {1 i) for acquisition of the annuity, described in Section lO(b}, below; and (iii} for transfer into the Investment Account, described in Section lO(c}, below. The escrow instructions shall provide that the escrow agent shall be responsible for notifying all parties hereto of any deposit into or disoorsement frooi the Escrow Account. Project Manager may require Pacific Texas to deposit up to an additional $5 mil lion into the Escrow Account in accordance with Section 5 herein. (b} ·Funds Advanced by BOARD. CARLSBAD, after receiving prior BOAro approval, is expending funds for the purpose of preparing the Preliminary Design prior to the time of the Pacific Texas Deposit. Under the provisions of a separate reimbursement agreement, BOARD is advancing funds to reimburse these expendi1llres. BOARD may withdraw funds fran the Escrow Account after the Pacific Texas deposit is made to reimburse itself for such advanced funds. {c) Return of Funds to Pacific Texas. If the Pacific Texas Deposit is made and thereafter Pacific Texas and BOARD formally abandon plans to undertake the Pacific Texas Landfill , any unexpended portion of the Pacific Texas Deposit shall be rerurned to Pacific Texas, reserving therefrom any funds needed to satisfy existing and non-cancellable monetary obligations of the parties entered into in expectation of reimbursement with funds from the Pacific Texas Deposit. (d) Interest. The balance of funds in the Escrow Account shall be invested in a prudent manner so as to earn the maximum return subject to the paramount goal of preservation of principal. All income accrued through such investment shall be distributed in the same manner as the principal. ' (e) Records/Audits. All records, invoices, vouchers and ledgers, correspondence and all written documents of any kind developed during the course of the Project which relate to the expenditure by any party of BOARD or Pacific Texas funds on the Project shall be retained for a period of four { 4} years following Construction certification and shall be available, to the extent provided under applicable law {such as the Public Records Act, California Government Section 6250 et seq.), for audit by CDFG, FWS, NMFS, SLC, CA~SBM and BOAffi. Nothing in this Section shall be deemed a waiver of the attorney-client or other applicable privileges of any party. {f} Harbor Revenue Fund. The parties to this Agreement acknowledge that all monies payable by BOARD shall be paid solely out of the Harbor Revenue Fund and not the general' fund of.the City of Los Angeles • -11 -
( • • • • • ( • • • • • ( . (g) No Obligation of Other Funds. Nothing herein shall be construed to obligate CARLSBAD, SLC, FWS, NMFS or CDFG, except as specifically provided herein, to expend its own funds, or any other public funds except for nonreimbursed staff administrative time and expenses. 10. Project Maintenance Responsibilities. Upon Construction Certification, CDFG agrees to assume res pons ibil i ty for ioonitoring and maintenance of the Project consistent with the Final Determination for the primary purpose of preservation in perpetuity of fish, wildlife and wetland habitat values, to the extent funds are available pursuant to subsections (a) and (b), below. CDFG may contract out these responsibilities and, upon the approval of the parties hereto, may assign these responsibilities. CARLSBAD agrees that it shall use its best efforts, in enforcement of local environmental and planning ordinances with respect to property owners within its jurisdiction, and in working with other local jurisdictions, to minimize the aioount of sediment which may be transported to the Lagoon from upstream runoff within the Lagoon's watershed area • (a) Maintenance Account. Within sixty (60) days after Construction Certification, BOARD and CDFG shall establish a separate escrow account (the "Maintenance Account") with an escrow agent chosen by CDFG. The Maintenance Account shall be funded as provided in subsections (b) and (c), below. CDFG shall have the exclusive authority to withdraw funds from the Maintenance Account. All funds in the Maintenance Account, including a'1)' accrued inte,est thereon, shall be used solely for the purposes set forth in subsection (e), below. (b) Annuity. Within sixty (60) days after Construction Certification, CDFG and BOARD shall determine the amount of funds necessary to establish an annuity or equivalent investment (the "Annuity") which will provide a guaranteed annuity paying the future equivalent of Two Hundred Thousand Dollars ($200,000) per year for thirty (30) years based on 1987 dollars at the effective date of this Agreement in accordance with the method described in Exhibit D attached hereto and made· a part hereof. The first disbursement into the Maintenance Account is to be made immediately upon establishment of the Annuity. All proceeds from the Annuity shall be deposited into the Maiqtenance Account. The payments from this Annuity shall be used' by·'CDFG to ·cover the maintenance costs of the Project as described in Section lO(e) for the first thirty (30) years following Construction Certification. BOARD shall transfer the aioount detennined to be needed for this Annuity, in accordance with the provisions of Exhibit D, from the Escrow Account established in accordance with Section 5(a), provided this amount shall not exceed the sum of Four Million, Eight Hundred and Fifty-Two Thousand, Five Hundred Dollars ($4,852,500) given that Construction Certification occurs either· in. or prior to calendar year 1991. If Construction Certification occurs after 1991, the provisions of 2(a) of Exhibit D -12 -
( • shall control, BOARD shall be obligated to contribute to the Annuity only after the amount deposited by Pacific Texas into the Escrow • Account, excluding interest, has rea<;_hed $20 mil 1 ion. • • • ( • • • • • i~ • (c) Investment Account. Within sixty (60) days after Construction Certification, BOARD shall establish an investment account (the "Investment Account•) in an illlount to be determined in accordance with the provisions of Exhibit D provided this amount shall not exceed the sum of Three Million, Three Hundred and Eighty-Six Thousand ·Dollars ($3,386,000) given that Construction Certification occurs either in or P.rior to calendar year 1991. If Construction Certification occurs after 1991, the provisions of 2(a) of Exhibit D shall control. BOARD shall transfer the amount determined to be needed for the Investment Account from the Escrow Account established in accordance w1 th Section S(a). BOARD shal 1 be obligated to contribute to the Investment Account only after the amount deposited by Pacific Texas into the Escrow Account, excluding interest, has reached $20 million. The Investment Account shall be maintained for thirty (30) years fol lowing Construction Certification by BOARD to maximize the return to this Investment Account so that a fund is created to maintain the Project after the first thircy (30) years. At the end of this thircy (30) year period, all funds in the Investment Account shall be transferred into the Maintenance Account. Within sixcy (60) days thereafter, BOARD, FWS, NMFS, CDFG, SLC and CARLSBPIJ shal 1 meet for the purpose of determining the adequacy of the Maintenance Account balance to generate sufficient incane to fund the costs of maintaining the Project as certified pursuant to Section 6(k), above. If it is determined, based on the amount remaining in the Maintenance Account following the first thirty (30) years plus the amount transferred from the Investment Account, is ·in excess of that required for continuing maintenance of the Project at the future equivalent of Two Hundred Thousand Dollars per year, a lump sum amount shall be refunded to BOARD to be determined in accordance with the provisions of Exhibit D. (d) No Further Obligations and Return of Funds •. BOARD shall not be obligated to deposit any funds beyond those described in subsections (b) and {c), above, to maintain the Lagoon. Any funds remaining in the Escrow Account upon funding of the Annuicy and the Investment Account shall be transferred to BOARD, (e) Allowable Maintenance Costs. It is agreed that any funds in the Maintenance Account shall be used only to pay al 1 costs associated with removal of accumulated sediment from the Project's sediment basins, redredging of the Lagoon and Lagoon mouth, maintenance of the freshwater marsh and appurtenances, preparation of the least tern nesting sites, maintenance of al) otber ptwsi(:al Project features as described in Section 1, and monitoring activities, and direct support costs, to assure that Project's habitat values remain as anticipated at the time of Construction Certification. Any activities carried out beyond these standards ·shall be the responsibility of the party carrying them out.· -13 -
I I ( • • • • • • • • • • ( . (f) Records. CDFG shall maintain records showing the use of funds fran the Maintenance Account. If CDFG designated representatives or personnel work at several locations, the funds provided pursuant to this Agreenent shall be used only for that proportion of the time such personnel or representatives work at the Lagoon and then only to the extent described in subsection (d), above. CllFG shall maintain time records showing hours spent at the Lagoon site and activities carried out sufficient to support use of the funds from the Maintenance Account. CDFG shall monthly maintain records of al.l expenses at the Lagoon. All parties to this Agreement, to the extent provided under the Public Records Act, california Government Code Section 6250 et seq., and subject to the attorney-client or other applicable privileges, shall have the right to audit these maintenance records and all invoices, vouchers, ledgers, supporting documentation and correspondence maintained or available to CDFG for the purpose of assuring that CDFG is properly expending the funds. 11. No Interference with Endan~ered Species. CAALSBPD agrees that construction of the Project wi l be scheduled and conducted so as not to incur significant habitat loss or degradation elsewhere within the Lagoon and so as not to adversely impact any State or Federal endangered species which utilizes the Lagoon area, including the .California Least Tern, the california Brown Pelican, Least Bell's Vireo or Belding's Savannah Sparrow. Recanmendations offered in aey subsequent Biological Opinion on consultation report prepared pursuant to Section 7 of the Endangered Species Act (16 u.s.c. Sec . 1531 et seq.) or the california Endangered Species Act (california Fish a.nd Game Code Section 2050 et seq.) shall be implemented as required by permit(s) for construction of Project. 12 • Use of Mitigation Credits Created by Project. (a) This Project is being carried out in part to mitigate for the Pacific Texas Landfill. · · · · (b) The parties to this Agreenent acknCMledge that the habitat values gained from the Lagoon Enhancement Project wi 11 be used to offset the habitat values lost fran the Pacific Texas Landfill and will be used to offset other landfill projects which may be permitted in. the future. (cl Construct ion and maintenance of the Lagoon Enhancenent Project will completely mitigate the Pacific Texas Landfill and create excess habitat units sufficient to canpensate for an additional 325 acres of landfill in waters deeper than -20 feet MLLW within the Hari>or District ("Excess Habitat Units"), in accordance with provisions of Exhibit C. Upon Construction Certification, these Excess Habitat Units (the exact amount will be determined after Project construction in accordance with subsection (e) below) will be credited to the BOAR> and may be used to offset fish and wildlife · habitat losses which may result from other landfill projects in the -14 -
( • • • • • ( • • • • • • Harbor District provided such projects receive all then applicable Federal and State permits. FWS, aJFG and NMFS would have no objection to use the Excess Habitat Units to offset anticipated outer harbor landfill projects in waters -20 feet MLLW or deeper which are associated with development or new terminal facilities for general cargo, bulk and neobulk cargo and necessary supporting infrastructure (streets, rail access, utilities, pipelines, etc.). FWS, aJFG, NMFS and BOAi{) agree that for these landfills the filling, in a manner similar to the Pacific Texas landfill, of each one acre of habitat in waters -20 feet MLLW or deeper will be offset completely by each one acre of Excess Habitat Unit gained as shown in Exhibit C, Table 5, subject to permit conditions l>tlich may be imposed on such future landfill projects by regulatory agencies. For dredging or landfills created within the Harbor District in waters shallower than -20 feet MLLW, including areas which may be classified as rocky dike habitat, or for land uses other than those given above, the application of excess Habitat Units must be reevaluated and approved by FWS, aJFG, NMFS, and BOAi{). For dredging or landfills in waters shallower than -20 feet MLLW, said parties agree to evaluate the habitat loss in a manner similar to the procedure fol lowed in Exhibit c. BOAi{) agrees that before· creating any landfills, it will obtain all_ permits required by applicable laws, including but not limited to the permits required by the California Coastal Act, the Rivers and Harbors Act and the Clean Water Act, and agrees to design such fills in accordance with. the requirements of such laws. Any review or subsequent approvals the FWS, NMFS or CDFG have with regard to the use of Excess Habitat Units for such future fills shall be made in an official and public manner, during completion of the envirormental review process as may be required under the California Environmental Qualify Act and National Envirorrnental Policy Act, or the regulatory process as may be required under the California Coastal Act, the Rivers and Harbors Act, the Clean Water Act, the United States Fish and Wildlife Coordination Acts, the United States and State Endangered Species Acts and any other applicable laws. (d) No Excess Habitat Units may be used for any purpose until the Construction Certification has been made. (e) In the event of variations between the Final Determination and actual acres of each habitat cype created by the Project and existing at the Lagoon at the time of Construction Certification, FWS, NMFS, aJFG and BOAi{) will recalculate the habitat units in a manner similar to the procedure fol lowed in Exhibit C and the m.mber of Excess Habitat Units reported in subsection (c), above, sha 11 be modified accordingly. · (f) If at any time during the term of this Agreement a_s set forth in Section 17, below, the balance of funds in the Maintenance Account is insufficient to meet all costs described i.n Section lO(e), above, FWS, NMFS, aJFG_ and BOARD will recalculate the total m.inber of habitat units created from the Lagoon Project in its then current · condition and the number of unu.sed Excess Habitat Units available at -15 -
( • • • • • ( • • • • • • that time to the the BOARD pursuant to subsections (c) or (g) will be reduced accordingly • (g) The BOA~ may be allowed to transfer Excess Habitat Units to other ports in the Southern California Bight that are applicants for a CO'l'S of Engineers pennit or a California Coastal Development permit for a port district project. However, such ports shall first consult with and obtain the approval of SLC, FWS, NMFS and COFG, before being entitled to use such Excess Habitat Units • The Excess Habitat Units thus transferred may be used only to compensate for habitat losses incurred as a result of port district projects in waters deeper than -20 feet MLLW. Transfer and use of such excess Habitat Units shall not result in a net loss of fish and wildlife values. Excess Habitat Units shall not be used to offset the impacts of any project which fills or otherwise adversely affects wetlands, as that tenn is defined in FWS publication FWS/OBS-79/31, Classification of Wetlands and Deepwater Habitats of the United States, L. Cowardin, V. Carter, F. Golet, E. La Roe, December 1979. The BOARD shall officially notify FWS, NMFS and CDFG in writing of acceptance or rejection of any such proposal to transfer Excess Habitat Units • 13. CEQA and NEPA Compliance is a Condition Precedent to Pro~ect. This Agreement describes a. proposed Lagoon Enh_ancement ProJect and allocates responsibilities for its implementation. Entering into this Agreement does not constitute an adoption of the Project or a canmitment to carry out the Project as those tenns are used in the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA") and the National Environmental Pol icy Act, 42 U.S.C. Section 4321 et seq. ("NEPA"). Prior CEQA and NEPA canpliance is a condition precedent to ariy party being canmitted to carry out any obligations set forth in this Agreement for which such canpliance is reiuired. If CEQA canpliance discloses any significant adverse environmental impacts from the Project that can be better mitigated than as presently proposed, any party responsible for the actions that produce the impacts shall not approve or determine to carry out the Project unless and until such mitigation measures are either duly adopted or excused by a statement of overriding considerations • If, upon canpletion of all necessary CEQA and NEPA compliances, any party whose actions require prior CEQA or NEPA canpliance does not detennin.e to carry out or approve the Project, then the Lagoon Enhancement Project shall be deemed cancelled and the provisions of .Section 15, below, shal 1 apply • 14. Cancellation if Permits Not Available. The Lagoon Enhancement Project may be cancelled, in which event the provisions of Section 15, below, shall apply: (a) if CO'l'S of Engineers and Coas_tal Commission permits for the Pacific Texas Landfill do not become effective or are revoked, or -16 -
( • • • • • ( • • • • • • (b) if CARLSBAD is unable to obtain Corps, Coastal Commission, other necessary pennits and approvals or the necessary Land Interests to construct the Lagoon Enhancement Project • 15. Effect of Project Cancellation. If the Lagoon Enhancement Project is cancelled pursuant to Sections 5, 6{b}, 6 (c), 6(e), 6(9), 13 or 14(b): (a) The Pacific Texas Deposit shall not be. returned. (b) COFG, FWS, NMFS, SLC, CARLSBAD and BOARD shall immediately begin necessary work to determine if alternative projects described in the Enhancenent Plan or in the Final EIR/EIS documents prepared for Project can be completed within a time period acceptable to COFG, FWS, NMFS and BOARD using the funds available in the Escrow Account and any other funds made available for this purpose. If it is detennined that a project under this subsection can be canpleted, CDFG, FWS, NMFS, SL C, CARLSBAD and BOARD sha 11 proceed with implementation of that project expeditiously and fo a manner similar to that described in this Agreement for implementation of the Lagoon Enhancenent Project. If the Lagoon Enhancement Project was cancel led pursuant to Section 6(b}, 13 or 14(b), BOARD shal_l be entitled to receive any Excess Habitat Units created by a project canpleted under this subsection; provided that if another entity, whether public or private, financially participates in such project, being authorized by law to do so, any Excess Credits created shall be divided pro rata based on the contributions of sueh other entity and the contributions of BOARD including its share of the Pacific Texas Deposit as set forth in Pennit No. 580 between BOARD and Pacific Texas. As an example, if total expenditures necessary to create and maintain an alternate project under the provisions of this Subsection are $25,000,000 and the monies paid by another entity are $5,000,000, then such entity shall receive 5 divided by 25 which equals 20% of the Excess Habitat Units and BOARD shall receive 80% of the Excess Habitat Units. If it is determined that a project under this subsection cannot be completed, CDFG, FWS, NMFS, SLC, CARLSBAD and BOARD shall canply with subsection (c), below • (c) If this subs·ection becomes applicable, CDFG, FWS, NMFS, SLC; CARLSBAD and BOARD shall imnedi ately begin necessary work to determine if another project at Batiquitos Lagoon which would generate enough habitat value gains, pursuant to analysis conducted by CDFG, NMFS, FWS and BOARD in a manner similar to the procedure fol lowed in Exhibit C, to offset the habitat value losses due to the Pacific Texas Landfill can be completed within a time period acceptable to CDFG, FWS, NMFS and BOARD using the funds available in the Escrow Account. Any such alternative Lagoon project shall create tidal and subtidal habitat for the reasons set forth in Recital IX of this Agreement, and shall be designed and implemented to meet the following criteria: (i) not less than fifty percent (50%) of the project area shall have an average elevation of -3 feet MLLW; (ii) -17 -
( ( • not more than thirty-five percent (35%) of the project area shall have an elevation of between -3 feet and +2 .5 feet MLLW; and (iii) not more than fifteen percent (15%) of the project area shall have an elevation of between +2.5 and +5.5 feet MLLW. If it is determined • that a project under this subsection can be completed, CDFG, FWS, NMFS, SLC, CARLSBPD and BOARD shall proceed with implementation of that project expeditiously and in a manner similar to that described in this Agreement for implementation of the Lagoon Enhancement Project. If the Lagoon Enhancement Project was cancelled pursuant to Section 6(b), 13 or 14(b), BOARD shall be entitled to receive any • Excess Habitat Units created by a project completed under this subsection; provided that if another entity, -.llether public or private, financially participates in such project, being authorized by law to do so, any Excess Credits created shall be divided pro rata based on the contributions of such other entity and the contributions of BOAro including its share of the Pacific Texas Deposit as set • forth in Permit No. 580 between BOARD and Pacific Texas as per the example given in Section 15(b). If it is determined that a project under this subsection cannot be completed, CDFG, FWS, NMFS, SLC, CARLSBPD and BOAro shall comply with subsection (d), below. • • • • • • (ct) If this subsection becomes applicable, CDFG, FWS, NMFS, SLC and BOAro shall immediately begin necessary work to determine if another project at an alternative location which would generate enough habitat value gains, pursuant to analysis conducted by CDFG, FWS, NMFS and BOARD in a manner similar to the procedure followed in Exhibit C, to offset the habitat value losses due to the Pacific Texas Landfill can be completed within a time period and at a location acceptable to CDFG, FWS, NMFS, SLC and BOARD using the funds available in the Escrow Account. Any such alternative location project shall create tidal and subtidal habitat for the reasons set forth in Recital IX of this Agreement and shall be located between Point Conception and the Mexican border. More specifically, such alternative location project shall maximize ma~ine fisheries and coastal seabird habitat gains by establishing unrestricted tidal influence to coastal areas presently having little or no marine fisheries and coastal seabird habitat value, and shall be designed and implemented to meet the following criteria: (i) not less than fifty percent (50%) of the project area shall have an average elevation of -3 feet MLLW; (ii) not more than thirty-five percent (35%) of the project shall have an elevation of between -3 feet and +2.5 feet MLLW; and (iii) not more than fifteen percent (15%) of the project area shall have an elevation of between +2.5 and +5.5 feet MLLW. CDFG, FWS, NMFS, SLC, and BOARD shall proceed with implementation of such alternative location project expeditiously and in a manner similar to that described in this Agreement for implementation of the Lagoon Enhancement Project. If use of funds from the Escrow Account for an alternative location project requires legislation similar to Section of SB 2059 of the 1985-1986 Regular Legislative Session (Ch. 1415, Stats, 1986; Public Resour.ces Code Section 6306.1) BOAro and SLC agree to support such legislation • -18 -( .
r--·--·-·-""""--'---------------· -------------~-----· .. --· ---·--·--·-· --------.. ~ ......... ______ ,_ ~-------···· .... --·--·~ ---.. · .. __ -~--~----.... .,_ -·--, .. --...... ,,..,,,..,...,.,"c..,.0'>;,'; ... . ( • • • (e) If the Project is cancel led pursuant to Section l4(a), unless any loss of habitat in the Harbor District has resulted fran the initiation of any work on the Pacific Texas Landfill, any unexpended portion of the Pacific Texas Deposit shall be returned to Pacific Texas, reserving therefrom any funds needed to satisfy existing and noncancelable monetary obligations of the parties entered into in expectation of reimbursement with funds from the Pacific Texas Deposit • 16. Effective Date. The effective date of this Agreement shall be the date on which the last of all signatories designated on the signature page hereto has signed this Agreement. 17. Term. Except as otherwise provided by law, this Agreement • shall renain valid for the life of the Pacific Texas Landfill unless it is rescinded by written consent of all parties or unless cancelled as provided herein. 18. captions. The captions on the sections and subsections of this Agreement are solely for the convenience of the parties and no e meaning shall be ascribed -thereto in interpreting the provisions of this Agreement. • 19. Days. Unless otherwise specifically provided, the term "days" as used herein shall mean calendar days. However, when the use of this term results in the last day for an action being set for a Saturday, Sunday or other non-working holiday, the action shall be deaned to be timely if performed on the first business day thereafter. 20. Substantial Conformance. The terms "in substantial conformance" or "substantially conform(s)" as used herein shall mean • not differing in any material way fran that to which it is canpared including, without limitation of the foregoing definition, not differing in any way that results in a reduction in habitat values anticipated from the Project and not in conflict with the requirements of state and federal law • • • • -19 -( .
( ( • 21. Co1m1unications, Points of Contact. Unless all parties are notified in writing of changes, the fol lowing individuals will be the • points of contact for the respective parties: · Port of Los Angeles Mr. Vernon E. Hall, Project Manager P. 0. Box 151 San Pedro, CA 90733-0151 e (213) 519-3660 The Fish and Wildlife Service Mr. Jeff Opdycke; Project Leader 24000 Avila Road Laguna Niguel, CA 92656 e (714) 643-4270 • • • • • • The Department of Fish and Game Mr. Donald Lollock, Chief, Environmental Services Branch 1416 9th Street Sacramento, CA 95814 (916) 445-1383 The National Marine Fisheries Service Mr. Robert Hoffman, Southern Area Environmental Coordinator 300 South Ferry Street Terminal Island, CA 90731 (213) 514-6199 The City of Carlsbad Mr. Raymond R. Patchett, City Manager 1200 Elm Avenue Carlsbad, CA 92008-1989 ( 619) 438-5561 The State Lands Commission Ms. Claire Dedrick, Executive Director 1807 13th Street Sacramento, CA 95814 (916) 322-4105 -20 -( .
( • • • • • ( • • • • • ( . APPROVED AS TO FORM Assistant City Attorney THE CITY OF LOS ANGELES, acting by and through its BOARD OF HARBOR COMMISSLONERS . ~~ ~--,,_._ ~!AL BURTS / Executive Director THE FISH AND WILDLIFE SERVICE, U.S. Department of the Interior THE DEPARTMENT OF FISH AND GAME THE NATIONAL MARINE FISHERIES SERVICES, NOAA, U.S. Department of Commerce -21 -
1997-2007
Baliquitos Lagoon Maintenance Fund Summary of Income and Expenditure
Total Funds 8,654,135.77
Expenses
Tern Monitoring -183,542.51
Predator Control -327,682.19
Dredging -1,991,030.02
RWQCB Fees -28,550.00
DFG -21,059.53
Operations, Equipment -129,225. 76
and Expenses
Subtotal Expenses -2,681,090.01
Balance 5,973,045.76
The Total Funds amount is based on all initial funding provided by
Port of L.A., interest earned, plus FEMA, SANDAG and other
enhancements to the fund.
Tern monitoring was provided through contract (Contractors: Keene,
Mudry/Amalong, Wolf)
Predator control was provided through contract by USDA-APHIS-
WS.
Dredging was by contract and includes costs for all dredging cycles
(98/99, 99/00, 00/01, 01/02/03, 06/07), less the remainder to be paid
on this current cycle. Volumes: >200,000 yards moved; 156,000 in
last two cycles (01/02/03, 06/07).
RWQCB Fees was required for Water Quality Permits for dredging.
DFG was for temporary help for tern monitoring (Last two years
temp. help primarily funded through State Wildlife Grant), site
preparation and maintenance, Engineering services, and caulerpa
surveys.
OE&E includes expenses for supplies to maintain the site, State
Controller required endowment fund establishment fees, equipment
to maintain the site, etc.
Subtotal of all expenditures to date
Balance remaining for use until 2027
All funds received or expended are for the life of the fund and project (1997-2007).
~.
'
Batiquitos Lagoon Mouth Openings and Dredging Volumes 1984 to 2001 Year Action Volume Add'I Vol Additional Information 1978 Purchased DFG purchased first 135 acres 1979 Opened CCC agreement #78-101 Leucadia Co. Water District 1982 Opened March 15 and 16. First opening lasted a few hours 1984 ? 1985 ? 11 am on February 15, 1986 La Costa Executive Services opened the 1986 Opened lagoon for "emergency purposes". It closed on February 19th. 1987 ? 1988 Opened ACOE permit to Leucadia Water District #88-170-PB 1989 ? 1990 Opened DFG opened for tern nesting 1991 Opened Opened for flooding control 1992 Opened Opened cobble berm to allow water to drain for tern nesting. 1993 Opened Opened cobble berm to allow water to drain for tern nesting. April 2 1994 Dredge During this period, 1. 7 million cubic yards of sand was dredged from 1995 Dredge the lagoon as part of the restoration project and placed on North 1996 Dredge Carlsbad State Beach. An additional 2 million cy of material was dredged and placed within the lagoon as tern nesting sites or into a borrow pit within the lagoon central basin. Volumes removed by year 1997 Dredge 3,700,000 may be available from City of Carlsbad. '( Started permitting and contracting but decision to dredge was made in 1998 Dredge 0 September and took 4 months to complete. Partial dredging done in 22 days in February following granting of permits by Coastal Commission-available to dredge was estimated at 1999 Dredge 10,854 50,000 cubic yards (Canam) All from Central Basin -add'I volume from partial dredging by earlier dredge in the winter of 1999-2000 (Company failed to perform), Volume of 35,040 moved in winter of 2000-2001 by separate dredging 2000 Dredge 35,040 4268 firm (Canam) 3151 cubic yards from Central Basin, remainder from the Western . Basin in winter of 2000-2001 (Canam). This dredge cycle was divided 2001 Dredge 15,334 into two winters (01/02, 02/03 because of nesting season) 2002 Dredge 38,354 Pla_ce materials on W1 and E2 nesting sites (Canam) 2003 Dredge 37,314 Place materials on E2 and E3 nesting sites (Canam) 2006 Dredge 23,076 Place material on North Ponto Beach (Canam) 2007 Dredge 42,598 Place material on North and South Ponto Beach (Canam)