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HomeMy WebLinkAbout1982-12-21; City Council; 7240; Buena Vista LagoonCIT. OF CARLSBAD - AGENDA BILL AB#_ MTQ. 12/21/82 PEPT. CM TITLE: BUENA VISTA LAGOON DEPT. HD._ CITY ATTY CITY Vfift sC£ O.a. o Oo RECOMMENDED ACTION: That Resolution No. 7/QQ be adopted approving a Buena Vista Laqoon Joint Powers Agreement with Vista, Oceanside and Carlsbad. That Resolution No. ~]lo I be adopted authorizing Carlsbad to join the Mission Resource Conservation District. ITEM EXPLANATION: In 1980 the cities of Carlsbad, Vista and Oceanside formed a committee to study the siltation problems of the Buena Vista Lagoon. Councilman Anear served as Chairman of that committee in 1981-82. The committee, through the efforts of Assemblyman Frazee and Senator Craven, was instrumental in obtaining a $1 million appropriation for dredging the lagoon. The dredging contract is being administered by the Carlsbad City Engineer on behalf of the State Department of Fish and Game. Dredging has been delayed until the spring of 1983. As a condition of funding, the cities agreed to carry out a watershed enhancement study. The Coastal Conservancy provided $40,000 for the study and two consultant contracts were let - one to address engineering solutions, the other to deal with legal and financial issues. The legal/financial report was prepared by Sharon Gordon dated November 18, 1982. The report recommends: 1. Formation of a Joint Powers Agreement to establish a formal framework for the three cities to work together. 2. Revision of master drainage plans. 3. Strengthening grading and enforcement ordinances. 4. Vigorous enforcement of grading ordinance. 5. Coordination of planning and permit grading activities. 6. Public education and training. 7. Joining a Resource Conservation District, 8. Initiating a grants person function to pursue outside funding sources. Of the eight recommended actions, two can be immediately acted on by Council. The formation of a Joint Powers Goranrittee would formally establish a forum which could lead to accomplishment of the remaining actions. If the Council wishes to pursue these recommendations, the joint powers committee could be formed. That committee could review the other recommendations, including engineering solutions and report back to each City Council. PAGE 2 of AB # 7*3 12/21/82 The second immediate action, joining a Resource Conservation District, was approved, in concept, by the Council at its meeting of December 1, 1981. Since the west portion of Carlsbad, which includes the Buena Vista and the Agua Hedionda lagoons, is not in a Resource Conservation District, the recommended action would make District resources available to all the city. These resources include a broad range of technical assistance, including soil and erosion control. Assistance can be provided to private parties as well as the city. The Mission Resource Conservation District has already approved annexation of portions of Carlsbad and Oceanside. The City of Oceanside has agreed to act as lead agency on a joint application. The costs of annexation will be shared by both cities. FISCAL IMPACT: Annexation fees of $2,185 would be paid, one half each by Oceanside and Carlsbad. If the joint powers agreement is adopted, it would require a staff person to coordinate. Initial organization meetings could be handled by the three City Managers' offices. EXHIBITS: 1. Resolution No. 7/o o approving Buena Vista Lagoon Joint Powers Agreement. 2. Resolution Mo. 7/ol providing that Carlsbad join the Mission Resource Conservation District. 3. Resolution No. I of the Mission Resource Conservation District. 1 RESOLUTION NO.' 7ioo 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A BUENA VISTA 3 LAGOON JOINT POWERS AGREEMENT WITH THE CITIES OF VISTA AND OCEANSIDE. 5 WHEREAS, it is the recommendation of the legal/financial report dated 6 November 18, 1982 and prepared as part of the Watershed Enhancement Study for 7 the cities of Vista, Oceanside and Carlsbad that a Joint Powers Agreement be 8 formed to establish a formal framework for the three cities to work 9 together; and 10 WHEREAS, the City Council of the City of Carlsbad believes the 11 execution of a joint powers agreement could lead to an effective watershed 12 management program for the Buena Vista Lagoon; 13 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 14 Carlsbad as follows: 15 1. That the above recitations are true and correct, 16 2. That the City Council approves the execution of a Buena Vista 17 Lagoon Joint Powers Agreement with the cities of Vista and Oceanside, as 18 outlined in Exhibit "A" attached, and authorizes the Mayor to sign the 19 agreement on behalf of the city. 20 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of 21 the City of Carlsbad held the 21st day of Decentoer , 1982, by the 22 'following vote, to wit: 23 AYES: Council Members easier, Lewis, Kulchin, Chick and Prescott 24 NOES: None . 25 ABSENT: None 26 /VL*4^v^ U. MARY H. C#SLER, Mayor 27 ATTEST.t 28 ALETHAL.7 fTAUTFJ/KRANZ ^rt/ tfer (SEAL) EXHIBIT "A" APPENDIX C: DRAFT JOINT POWERS AGREEMENT 1. Parties: The Parties to this agreement shall be the Cities of Carlsbad, Oceanside and Vista, all of which are within San Diego County, California. 2* Purpose: The Buena Vista Lagoon Watershed is a unified resource spanning the jurisdictions of the Cities of Carlsbad, Oceanside and Vista. Because actions in one portion of the watershed will have effects in other portions of the watershed, the Cities find it in their interests to coordinate their actions within the watershed. This agreement will facilitate and formalize that coordination among the Cities. 3. Authority;- This agreement is executed under the authority contained in Government Code Sect.ions 6500 et seq. 4. Recitals: The Cities, all of which are general law cities, do not relinquish any of their sovereign powers as a result of this agreement. Neither do they, by this agreement, undertake to exercise any powers over the Buena- Vista Lagoon itself, which is owned by the State of California, and managed by the California Department of Fish and Game, as an Ecological Reserve. Creation ofjThe Buena Vista Lagoon Watershed Coordinating Committee 5. Power s: The Buena Vista Lagoon Watershed Coordinating Committee is hereby created. The Committee shall be an advisory body with the authority to discuss, study and recommend courses of action to its member Cities, The Committee may consider -47- issuer, raised b> .ny of its members, as wel as issues referred to it by any member City. The issues eligible for consideration by the Committee must relate to actions which could affect the Buena Vista Lagoon Watershed, and shall include, but not be limited to: revisions to the Cities' Master Drainage Plans, revisions to the Cities' grading and erosion control ordinances, methods of joint enforcement of the Cities' ordinances, methods of coordinating planning and permit granting activities of the Cities, participation of the Cities in a joint public education and training program, the selection of appropriate physical structures (if any) to be constructed within the watershed for the purpose of controlling erosion and sedimentation, and methods for locating funding for such construction from government and/or private sector sources. The Committee shall draft memorandums of agreement to be adopted by the Cities concerning any of these issues about which agreement is reached. Membership: The Committee shall consist of nine members: two City Council members from each of the Cities of Carlsbad, Oceanside and Vista; and three public members, chosen one each by the Mayors of the three Cities. The term of membership shall be two years. Each member shall have one vote. A Committee Chair shall be elected by a majority of the Committee. Meetings: Meetings shall be called by the Committee Chair, as often- as required to consider the business before the Committee, but in no event, less often than once every two months. Meetings may also be called by 5 of the 9 Committee members. Notices shall be publicly posted at least one week in advance to allow participation by interested public. -48- Financing: The Committee shall have no powers to issue bonds, levy taxes, or otherwise collect fees. The Committee may-apply in its name for State or Federal funding for projects recommended by the Committee and approved by the member Cities. If such funding is received, the Committee will then designate a member City to administer the grant and carry out the project as approved. Amendments: This agreement may be amended at any time, by agreement among the parties. MAC1CJ- * ve Date: This agreement shall be effective upon the signature of the parties, and shall remain in effect until the Committee v.otes to dissolve itself by a vote of 6 of its 9 members. C-. .. i)* C^/*-^ for City(/of Carlsbad /Date for City of Oceanside Date for City of Vista Date -49- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO,7101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, PROVIDING THAT CARLSBAD JOIN THE MISSION RESOURCE CONSERVATION DISTRICT. WHEREAS, it is the recommendation of the legal/financial report dated November 18, 1982 and prepared as part of the Watershed Enhancement Study for the cities of Vista, Oceanside and Carlsbad that we join a resource conservation district; and* WHEREAS, the City Council of the City of Carlsbad desires to join the Mission Resource Conservation District; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the City Council approves the joining of the Mission Resource Conservation District. 3. That the City Council authorizes the City of Oceanside to act on behalf of the City of Carlsbad in the annexation to the Mission Resource Conservation District. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the 21st day of Decenber , 1982, by the following vote, to. wit: AYES: Council Ilanbers Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None MARY H. C4BLER, Mayor ATTEST: * ^ALETtfA L. RAltfENKRAflZ, CW Clerk KAREN I*. KUNDTZ, Deputy Cxty Clerk (SEAL) 7 ivussion Resource Conservation District 1181-East Mission Street - Fallbrook. California 92028 - Phone (714) 728-1332 RESOLUTION NO. 1 •••":' . .RESOLUTION 07 TOE BOARD OF DIRECTORS OF MISSION RESOURCE CONSERVATION DISTRICT MAKING APPLICATION ' ''•-'• . • TO THE LOCAL AGENCY FORMATION COMMISSION FOR 'THE . ' ' . • . ANNEXATION OF TERRITORY TO SAID DISTRICT . .• ." - . :. •. " •' :. • CITxSS OF OCEANSIDE AND CARLSBAD ANNEXATION . ' .-•". .••'"'' ••'••' ' " •; ' <'..-.. ' '•.'.- ' " '•'"'- ' ' ' ' WHEREAS, the Board of Directors of Mission Resource Conservation District desires to initiate proceedings for the. annexation to it of the territory . described in this resolution upon "certain terms and conditions which have been approyed by the. owners of the .annexing territories, : ' • '' ; ''"':':.'.''- :''-.'. '•';'.. . NOW,• THEREFORE, the Board of-Directors of Mission Resource Conservation District does hereby RESOLVE, DETERMINE AND ORDER as follows:' :./;:'•• -. 1. Application is hereby made to the Local Agency Formation Connoission of the Count}' of San Diego for a change in organization as follows: • (a) This proposal is made pursant to the District Reorganization Act of 1965 (Section 56000 of the Government Code). V . " :'. ".- '(b) .The nature of the'p'roposed change is the annexation to Mission Resource Conservation District of .the territory described in-subparagraph (d) : of this section. . •••'•.-'.'•'\. ••''•' '••.""' .'.'"'• •'•" ' •<'''.'. -.'::-V",' -•'• :- ' ''•'• (c) Ko other counties, cities or districts are affected by this annexation.. ' ;. • . .-''. ' • •.''•' . (d) The territory proposed to be annexed to Mission Resource Conservation District Is portions of Cities of Oceanside and Carlsbad not currently Included In the Resource Conservation District. A description of the exterior boundaries of the territory is attached as Exhibit A, and made a part hereof. CONSERVATION - DEVELOPMENT - SELF.GOVfc'HNMSNT EXHIB I f "R r (c) It is desired that the proposed-annexation, provide for aad be made subject to the following terms and conditions which have been agreed to and accepted by the owners of the annexing territories: • .' ' ' " (i) The payment to LAPCO for annexation fees. ' . (f) The^ reasons for this proposal are: . - . ' - ; . (i) The Cities of Oceanside and Carlsbad are interested in the technical assistance available through the Mission Resource Conservation '•••'-• - . '. • . ' ...•._.....•...; ' - ' i • • ( ^ . - .• District. Some of the services may include inventoring resource needs and - problems, drainaga assistance, soils map and interpretations„ solid waste . . • ' . • • • • ' . '.:.••"./•':'. .•:•• :-'' --. ';.;--.- -; •',*•.,• •• '-..'.'. -••'-.. . *-' ": ': • . ' '"!•'-"-: disposal sites, erosion control on construction sites, vegetative protection on critical erosion sites, floodplain management and soil evaluations for agricultural land. ; '.: .':;.. '•'.'• ' '; . • '. \. "• ."•'.-•;." '.\.' ;... . •.,•• "' Cii) • Tl^s Cities of Oceanside and Carlsbad have asked for the annexation and expressed an interest in conserving their soil and water resources. , • '.-.- .• .-'"." . '-. '". '..- ; "' .'-. ~- -. • ;. • ' C'iii) ^°r watershed raanageinent recommendations for the Buena Vista Lagoon. :..'"; ' ' . '•''.'•"..:••• . '—.';- ; . . .'."..." 2. This application is being made for the purpose of implementing a request made to the Mission Resource Conservation District by the Cities of Oceanside •. ..and Carlsbad.' They have consented and agreed that their land may be annexed upon the terms and conditions set forth in Section 1 (e) of this resolution. .3. The "Local Agency Formation Commission of the County of San Diego is ..requested: : • ' ' " . ' " • • . (a) To approve and authorize the annexation of the territories described in Section 1 (d) to the Mission Resource Conservation District upon the terms and conditions which have been proposed. ' •• ! '•; r- v..: • V-.. 4. Pursuant to the provisions of the California Environmental Quality Act, as amended, and the implementing regulations of the Secretary of Resources and the San Diego County Local Agency Formation Commission, the Board of Directors of Mission Resource Conservation District does hereby approve the Manager's evaluation that this annexation is a project which is exempt under •the Local Guidelines of Mission Resource Conservation District Implementing the California Environmental Quality Act,, as amended, because the County of ~ * "•• • < San Diego is the lead agency. The Board certified that is has reviewed and . considered the information contained in the Environmental Impact Report prepared by the County of San Diego, •' . . .". v ' : . • . "-. 5. The Secretary of Mission .Resource Conservation.'District is authorized and directed to file a certified copy of this1 resolution, with the Executive Officer of the Local Agency Formation Coinmission of San Diego. . ; . PASSED AND ADOPTED this 25th day of .February, 1982, by the following •roll call vote: \ •'. : - •-._• . _•;• . •.,; . AYES: Diectors Lentz, Pack, Story, Borst and Codling '. , '";. NOES: None . '. V. ^'' ...'.. . • . • ' "'. . : : '..'-. .V '.''.'•'•-•".- ABSENT: None . -..'.' '•• " ' .''\- .'; ' "'•':,: "''-:" '"'•"-' - - . ABSTAINED: None ' ' '•'•":•. :;> -'..•.,.'•',;:•- .,."•. . •/- _'_•••_-• :' ;/ Daniel Lentz, President: Attest: George Borst, Secretary