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HomeMy WebLinkAbout1979-11-13; City Council; 6059; Process for preparation of LCPCITY OF CARLSBAD AGENDA BILL KO. (j O S f DATE: November 13, 1979 DEPARTMENT: City Manager Subject: PROCESS FOR PREPARATION OF THE LOCAL COASTAL PLAN Statement of the Matter -- • AB 462 (Mello), which amended the coastal zone boundaries in Carlsbad and other places, was signed by the Governor on September 27, 1979. A late amendment to the bill also took the extraordinary step of providing for the future exclusion of certain properties from the coastal zone unless a local coastal plan (LCP) for those properties is approved by October, 1980. On previous occasion, the City Council formally indicated its desire that the Coastal Commission prepare the local coastal plan for that portion of the coastal zone within Carlsbad jurisdiction. City and State Commission staff members have been communicating on the procedures for preparation and review of the LCP, and on the effect of the time constraints included in the Mello Bill. State staff have assumed the responsibility for moving ahead with a program for development of the LCP, pursuant to the prior Council determination and confronted with a short time limit imposed by the Mello Bill Communications with the State Commission staff have not been as clear and firm as would be desired. However, the Commission has maintained that City review of the LCP preparation is desirable and important. Toward those objectives, the Commission staff is proposing that Carlsbad participate in the selection of the LCP consultant. Additionally, the Commission would provide funds for the City to hire a staff member to coordinate with the consultant on the preparation of the LCP. As the Commission staff will be distributing Request For Proposals to prospective consultants this week, the time for response to the Com- mission is short. The importance of the coastal zone area to the entire community of Carlsbad is readily apparent. The desirability of the City's participation in preparing the LCP is equally important but less apparent. The importance lies in the need for having an LCP prepared and approved that is compatible with the overall growth and develop- ment plans for Carlsbad; in which the issues are identified and understood before the plan is completed; and in completing the preparation, review and approval process as speedily as practical. The Commission staff's proposal that Carlsbad participate in selecting the consultant and provide a staff member (at state expense) to work on a day-to-day contact with the consultant will provide the means for achieving the desired coordination. November 13, 1979 Page 2 Exhibit 1. Letter from California Coastal Commission dated September 19,1979 2. Letter from California Coastal Commission dated October 5, 1979 3. Memo from Planning Director to City Manager dated November 9, 1979 Recommendation Direct staff to respond favorably to Coast Commission proposal to prepare implementing recommendations for Council action. Council Action: 11-13-79 Council directed staff to respond favorably to Coast Commission's proposal to prepare implementing recommendations for Council action. State of California, Edmund G. Br<, , Jr., Governor California Coastal Commission 631 Howard Street, 4th floor San Francisco, California 94105 (415)543-8555 September 19, 19X9\p °x Mayor Ronald C. Packard City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mayor Packard: I want to explain our role in formulating the/final version of AB 462 which affects LCP planning in your city. As you probably know by now, the Legislature has di- rected the Coastal Commission to prepare an LCP for certain specified properties within the City of Carlsbad. Attached is a copy of the language adopted by the Joint Assembly-Senate Conference Committee. Initially, let me make clear that this approval was not our idea. The day before the Conference Committee met, Peter Douglas, my deputy, was directed to come up with a compromise solution to total exclusion. He did so. His proposal, however, was limited to the preparation of a land use plan by a certain date. That alone would then have been submitted to the City for adoption and implementation. The Committee did not deem this approval adequate because it did not ensure adoption by the City. As a result, additional language was drafted by Committee staff^ which requires the Coastal Commission to prepare and adopt an LCP for these properties. On adoption of the LCP for the specific properties, this LCP will be deemed certified and will go into effect without the need for adoption by the City. Peter went to great pains to point out to the Committee the ramifications of this approval and stressed that their approval represents a significant departure from that established by the Coastal Act of 1976. Despite that clarification, the Legislature proceeded to adopt the attached language. The Coastal Commission did not support that approach, although we did not oppose it either. We simply made it clear that the decision raised a major policy issue for the Legislature to determine. It now appears we will have to live with the Legislature's action. Since the time limits in the bill are extremely tight, we intend to proceed as quickly as possible. At the same time, we believe it is imperative that we work closely with the City in preparing the LCP segments for the AB 462 specified lands. During the next several weeks, we will have to assign staff to the work we are now charged with. I intend that our staff work closely with the City and the Regional Commission on every step of this planning effort. Toward that end, I have asked Bob Lagle, the Commission's Chief Planner, to meet with City and Regional Commission staff to get the job underway as soon as possible. The Mayor Ronald C. Packard Page Two September 19, 1979 fact that the Legislature saw fit to change the rules does not in anyway alter my commitment to making sure the product is one the City can approve and im- plement. I regret the legislature decided to take this approach/to LCP planning for portions of Carlsbad. But now that they have, I hone we cajr'aT] work together in a spirit of cooperation to complete a good job. MICHAEL L. FI! Executive Director cc: Dorill Wright, Chairman, CCC Donald Benninghoven, League of Cities Thomas Crandall, Executive Director, San Diego Coast Regional Commission Bob Lagle, CCC State of California. Edmund G. C^own Jr.. GOV California Coastal Commission 631 Howard Street. 4th floor San Francisco. California 94105 (415)543-8555 (Ll-k OY October 5, 1979 James C. Hagaman City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mr. Hagaman: " ,. . / As you know, since your City Council's request in December 1978 that we prepare the LCP for the balance of the City of Carlsbad (other than Agua Hedionda), we have worked with you on the possibility of a reconsideration of this decision. While I believe we have made significant progress in.resolving some mutally ; acceptable solutions to the Agua Hedionda area, time has been running against the legislative deadline for completion of the total LCP. In addition, mean- while, the Legislature enacted the Mello bill (AB 462) which makes the Commissiorj responsible for developing the LCP for certain properties adjoining Batiquitos Lagoon in the City of Carlsbad. In view of the limited remaining time and the now mandated Commission respon- sibility for major portions of the Carlsbad coastal zone, we believe it" is most efficient for us to proceed with the planning for the area in accordance with your City's request. Working very closely with the City, we will have a con- sultant prepare a total LCP (land use plan and implementing ordinances) for the Carlsbad coastal zone, with the Batiquitos Lagoon properties separable for possibly faster completion (to meet the Mello bill deadline of October 1, 1980); this area will also be procedurally different, since it becomes effective auto- matically upon Commission certification. Our preparation of the LCP will be nearly the same as if the City were preparing its own LCP. We will, in addition to the consultant contract, fund the City for staff support as needed to coordinate with the consultant and Commission. The LCP prepared by the consultant will still require City Council approval before Coastal Commission certification (except for the area subject to the Mello bill). Since there is little time to meet both the Mello bill and Coastal Act deadlines for completion of Carlsbad's total LCP, we have already begun the consultant selection process, with the enclosed invitation to interested consultants. Next week v/e will begin drafting revisions to the Carlsbad LCP work program. At our meeting with you on October 17, 1979, we can discuss how to proceed on finalizing the work program. Our tentative schedule is: (1) By the end of October, we will send a Request for Proposals, with a revised work program, to consultants who appear, most qualified for this work; (2) After receipt of proposals, we (state and regional Commission staff) together with City staff. •• •Mr. James C. Hagaman October 5, 1979 Page Two would interview and select the consultant, hopefully by December 7, 1979; and (3) If possible, we would concurrently have the City and the Regional and State Coastal Commission review and approve the revised work program and funding for both consultant and City support time. The regional review could be scheduled November 9 or November 16; State Commission review could be November 19-21. We look forward to working with you on this challenging and important LCP. Please let us know if you have any suggestions or problems with the approach I've outlined. Sincerely, Robert B. Lagle Chief Planner RL/nc cc: San Diego Regional Coastal Commission State Coastal Commission Senator Craven Senator Campbell Assemblyman Frazee Assemblyman Hello MEMORANDUM DATE: November 9, 1979 TO: Wayne Dernetz, City Manager FROM: James C. Hagaman, Planning Director RE: LOCAL COASTAL PROGRAM Planning staff previously presented the progress for the Mello Bill, AB 462, to the City Council and discussed the various aspects being considered by legislation. After adoption fo the bill, we have been able to confirm that the area around the Palomar Airport, including the Palomar Industrial Park and the Japatul property, has been excluded from the Coastal Zone. In addition, as previously indicated, a major portion of our proposed redevelopment area has been excluded. Of particular importance to the City is that three properties, commonly known as Ayers, Occideritial arid Standard Pacific, have had special consideration applied by the legislature. The legislature has requested that the Coastal Commission and staff prepare a full Local Coastal Plan on the properties by October 1, 1980, including certification thereof or the properties will be ex- cluded from the Coastal Zone. In discussions with the Coastal Commission staff is is our joint opinions that it is not reasonable to isolate particular properties while ignoring adjacent property in the development of a Local Coastal program. Therefore we have concluded, in light of the City Council's recent request that the Coastal Commission prepare the City's LCP, that a single consultant be selected to do the Carlsbad LCP with a proviso in the contract allowing seperate and accelerated work on those three parcels identified by the Mello Bill in order to meet the October 1, 1980 deadline. In a letter dated October 5, 1979 (attached) from Robert Lagle he presents a tentative schedule which is, for the most part, being adhered to as of now. There are, however, several aspects of the process we feel the City Council should be advised of and which the Council should either express concurrance with staff's appraoch or advise staff as to how they wish us to proceed. 1. We have requested that the request for proposals be sent to consultants which have been reviewed by us prior to release. Staff is in the process at this time and a list should be in our offices prior to your meeting. 2. As of this date staff has worked with Coa'stal staff on the major list of consultants that will be sent an RFP. We have requested, in addition, that the City Manager of Carlsbad be authorized to select the consultant from the Coastal Commission, and have been advised that this is not possible, since the Coastal Commission, in fact, hires the consultant responsible for the consultant. However, staff indicated that they won't recommend any consultant who we do not agree to. 3. Mr. Lagle indicates that the Coastal Commission will fund the City for staff as needed for co-ordination with the consultant and commission. We have received verbal indications that the funds can be advanced to the City for a special staff person to co-ordinate significant activities expected in the Coastal Zone. There should be correspondence to this effect early this next week. Staff agrees with this approach. It is expected that the City and Coastal Commission will work closely with the consultant in the development of the RFP. We feel any significant issues which have been debated by Council will merge as aprt of the process and we will endeavor to help the City Council stay informed as to findings of the consultant. It is expected at this time that the RFP will be awarded at the December 18 meeting of the Coastal Commission, at which time they will also approve an amended work program.