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
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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
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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.
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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
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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