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HomeMy WebLinkAbout1988-06-14; City Council; 9471; Three Party Agreement• OF CARLSBAD - AGENC ;BILL ' ' ^^ AB#_ MTG. 6/13/88 DEPT. MP TITLE: THREE PARTY AGREEMENT FOR THE DEVELOPMENT OF THE BUENA VISTA LAGOON VISITATION AREA DEPT. CITY ATTY\ CITY MGR. O O O O O RECOMMENDED ACTION: ri,, ._ AAdopt Resolution No-iffis" v\(J appropriating funds and approving an agreement with the Buena Vista Lagoon Foundation, the California Department of Fish and Game, and the City of Carlsbad for the joint development of a nature visitation area at Buena Vista Lagoon. ITEM EXPLANATION: The Buena Vista Lagoon is owned and administered by the State Department of Fish and Game as an ecological reserve. The Buena Vista Lagoon Foundation, a private, nonprofit organization, assists in the preservation of the lagoon's wildlife habitat. The Foundation has secured a $30,000 grant from the California Department of Parks and Recreation to construct a nature visitation area at the northwest corner of Marron Road and Jefferson Street and has requested assistance from the City of Carlsbad to administer the design and construction of the facility. The proposed nature visitation area will consist of a paved driveway and parking lot for approximately twenty (20) vehicles, landscaping, parking lot lights, park benches and trash receptacles. Additional items such as walking paths and an information kiosk may also be included at a later date under the direction of the Foundation. Because of the close proximity of the proposed visitation area to the Marron Road and Jefferson Street intersection, a raised median must be constructed on Jefferson Street east of Marron Road to ensure safe ingress and egress. Additionally, new curb, gutter, and sidewalk will also be installed on the north side of Jefferson Street from Marron Road extending easterly of the proposed new visitation area. Currently, a wide shoulder section of Jefferson Street just west of the planned visitation area has functioned for years as an informal pull off area for people observing and feeding the wildlife. The new facility will significantly increase the ffi public's safety in this area. O. % Several years ago, the City secured a $95,000 Transit Development Act (TDA) grant from the San Diego Association of Governments (SANDAG). This grant was designed to improve pedestrian and bicyclist safety along the southern shore of the Lagoon which is highly traveled. To date, no action has been taken on this project. Staff recommends taking advantage of the opportunity at this time to accomplish both the Buena Vista Lagoon Nature Visitation Area project and the TDA bicycle safety improvements simultaneously. Both projects are in the same area and can be accomplished through one (1) design contract and constructed together. Therefore, soliciting proposals for engineering design Page 2 of Agenda Bill No. services are recommended to include both projects. The attached three (3) party agreement sets forth the roles and responsibilities of the City, the Foundation, and the State of California Department of Fish and Game with respect to the proposed project. The City will take the lead in designing and administering the construction of the facility with the cooperation and input from the Buena Vista Lagoon Foundation and State Fish and Game. The Foundation will immediately transfer to the City upon receipt of the $30,000 State Parks Grant funds for the project and will participate in the design of the facility. State Fish and Game will undertake environmental review for the project and secure necessary project permits. Staff recommends approval of the attached agreement for the joint development of the Nature Visitation Area. The City will assume maintenance responsibility for the completed facility, however, is considered to be limited to emptying trash receptacles and occasional sweeping of the parking facility. FISCAL IMPACT: A preliminary project budget for the Buena Vista Lagoon Nature Visitation Area is as follows: Visitation Area Construction $30,000 Jefferson Street Improvements fronting the Nature Visitation Area 15,000 Project Design and Surveying 10,000 Project Administration & Contingencies 5.000 $60,000 The recommended project funding is as follows: California Dept. of Park & Recreation Grant $30,000 from the Buena Vista Lagoon Foundation City contribution for Jefferson Street safety improvements 30.000 $60,000 In accordance with the terms of the proposed agreement, State Parks will forward the $30,000 grant funds to the Foundation upon receipt of final project plans and specifications. These funds in turn will be past from the Foundation to the City of Carlsbad to be applied to the construction of the project. With respect to the above referenced additional $30,000 City contribution, staff recommends the City Council approve a funds transfer and appropriate this amount from existing, available Traffic Safety Project funds in Account No. 300-820-1840-3204. Therefore, the Buena Vista Lagoon Nature Visitation Area project with improvements to the Jefferson Street frontage can be accomplished Page 3 of Agenda Bill No. without additional contributions from the City's General Capital Construction Fund unappropriated reserve. The $95,000 TDA grant for the Jefferson Street pedestrian and bicycle safety improvements is currently on deposit with the City and appropriated in project Account No. 180-820-8105-3156. It is estimated these funds are substantially in excess of the anticipated costs required to perform minor widening and restriping of Jefferson Street from 1-5 to Marron Road in order to install the bicyclist safety improvements. EXHIBITS; 1. Location Map 2. Resolution No. 88" I ^O appropriating funds and approving a Joint Powers Agreement among the City, the Buena Vista Lagoon Foundation, and the California Department of Fish and Game. 3. Joint Powers Agreement. 4. Letter dated May 11, 1988 from C.T. Dolan of State Fish and Game. LOCATION MAP 1 1 HIGHWAY r— — -. 78 /*-//$/lil SITE BUENA VISTA LAGOON LEGEND VISITATION AREA PROJECT NAME BUENA VISTA NATURE VISITATION AREA VICINITY MAP ,•' i PROJ. NO. I EXHIBIT 3304 I 1 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. 88-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROPRIATING FUNDS AND APPROVING A JOINT POWERS AGREEMENT AMONG THE CITY, THE BUENA VISTA LAGOON FOUNDATION, AND THE CALIFORNIA DEPARTMENT OF FISH AND GAME TO CONSTRUCT A NATURE VISITATION AREA WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary, desirable, and in the public interest to assist in the construction of a nature visitation area at the Buena Vista Lagoon; and WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary, desirable and in the public interest to utilize its resources and administrative capabilities to expedite the project and further the mutual interests of the City, the Buena Vista Lagoon Foundation, and the State of California Department of Fish and Game; and WHEREAS, the City, the California Department of Fish and Game, and the Buena Vista Lagoon Foundation will together cooperate under the terms of the Joint Powers Agreement to construct the Buena Vista Lagoon Nature Visitation Area; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Joint Powers Agreement among the City of Carlsbad, the California Department of Fish and Game, and the Buena Vista Lagoon Foundation, hereto attached, is hereby approved. 3. That the Mayor and City Clerk of the City of Carlsbad are hereby authorized and directed to execute said Agreement for and 2 5 5 6 7 3 9 10 22 13 14 15 15 19 20 21 22 23 24 25 26 27 28 hereby authorized and directed to execute said Agreement for and on behalf of the City of Carlsbad. 4. That a funds transfer in the amount of $30,000 from Account No. 300-820-1840-3204 and an additional appropriation of $30,000, subject to reimbursement from the Bunea Vista Lagoon Foundation as provided for in the Joint Powers Agreement, to project account No. 300-820-1840-3304 is hereby approved. 5. That following the execution of said agreement by the Mayor, the City Clerk is hereby authorized and directed to forward copies of said agreement and this resolution to the Buena Vista Lagoon Foundation and the State of California, Department of Fish and Game, attention C.T. Dolan, 245 West Broadway, Suite 160, Long Beach, Califonria 90802 for execution by the State of California. Following receipt of returned executed copies of the agreement from the State, the City Clerk is further authorized and directed to forward copies of the completed documents to the Buena Vista Lagoon Foundation and the City's Municipal Projects Department for reference and information. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 14th _ day of June , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None CLAUDE A". LEWIS, "Mayor ATTEST: A ALETHA L. RAUTENKRANZ, CityjClerk (SEAL) AN AGREEMENT AMONG THE CITY OF CARLSBAD, THE BUENA VISTA LAGOON FOUNDATION, AND THE STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME TO CONSTRUCT AND MAINTAIN A VISITATION AREA AT THE BUENA VISTA LAGOON THIS JOINT POWERS AGREEMENT is entered into this day of , 1988, among the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City," the BUENA VISTA LAGOON FOUNDATION, a private non-profit organization, hereinafter referred to as "Foundation," and the STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME, hereinafter referred to as "Department." WITNESSETH; WHEREAS, the Foundation has secured a grant from the State of California, Department of Parks and Recreation, in the amount of $30,000 to construct a visitation area on a parcel of land located between the southeast corner of the Buena Vista Lagoon hereinafter referred to as "Lagoon" and the intersection of Jefferson Street and Marron Road; and WHEREAS, said parcel of land has been conveyed to the State of California under jurisdiction of the Department; and WHEREAS, the City and the Foundation together desire to provide safe access for the public to passively observe wildlife in the Lagoon and the surrounding shore area; and WHEREAS, the Department desires to increase public awareness and appreciation of wildlife by providing access thereto; and WHEREAS, the Department also desires to improve its own access to the Lagoon for close observation and monitoring of native or endangered wildlife; and WHEREAS, it would be expedient for the Department and the Foundation to utilize the City's resources and local administrative capabilities to expedite the Project; and WHEREAS, the Department, Foundation, and City, in an effort to coordinate construction, have determined that it will be to the mutual benefit of all parties to accomplish the Project under City contract; and WHEREAS, the Department and City are authorized to enter into a Joint Powers Agreement pursuant to Government Code Section 6500 et seg.; and WHEREAS, the Department, Foundation, and City desire to set forth their respective rights and obligations concerning the Proj ect; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, IT IS AGREED AS FOLLOWS: 1. The Foundation shall: a. Name an authorized representative for the project. b. Review the conceptual and preliminary project drawings in order to provide suggestions for improving the access, attractiveness, and public benefit of the project. c. Forward to the State of California, Department of Parks and Recreation, items specified by the Department of Parks and Recreation, as the funding agency, in its Project Agreement (Exhibit A, attached). Upon receipt of the grant disbursement or portion thereof, the Foundation will immediately transmit said grant funds to the City. d. Provide volunteer labor as appropriate until the landscaping is completed and established. e. Provide volunteer assistance as appropriate in clean-up of finished facility. 2. The Department shall: a. Name an authorized representative for the Project. b. Evaluate the project design for conformance to the Negative Declaration that the Department has filed on this project in accordance with the California Environmental Quality Act (CEQA). c. Obtain all non-City permits required to accomplish the Project. d. Department authorized representative to provide City written approval of final construction plans and specifications prior to advertisement for bids for the Project; said approval shall be transmitted to City within thirty (30) days following receipt of acceptable plans by Department. e. Authorized representative shall have ten (10) days of the project bid opening within which to provide the City written notice of approval to award the contract. Failure to provide written approval in said period shall be deemed approval to award the contract. 3. The City shall: a. Prepare and circulate for approval conceptual and preliminary plans. b. Obtain all City permits. c. Prepare contract documents. d. Assemble all documents necessary for bidding. e. Advertise for bid. f. Provide contract administration and construction engineering for the Project. g. Appropriate the funds necessary for project design, construction, and administration. Project costs exceeding the $30,000 grant as disbursed in l(c) above shall be the responsibility of the City. Design and construction costs for adjacent street right-of-way improvements shall be paid by the City. h. Furnish Department reproducible "as built" plans of the Project and file a Notice of Completion for the Project. i. Provide a final project accounting and report to the Department and Foundation. j. Maintain the site by picking up trash, emptying trash cans, sweeping the parking lot of any debris, and cleaning the runoff basin. 4. a. The facilities to be constructed under this agreement include but are not limited to an asphalt driveway and parking striped for approximately twenty (20) automobiles. The paved area will be sloped to the corner nearest the lagoon. At that location, a permanently maintained concrete sediment and oil trap will be constructed to intercept site drainage runoff. Removable and lockable pole barriers will be installed at the west corner of the site for the exclusive use and access by Department personnel. The site will be landscaped with drought resistant species. A berm and wood pole barrier shall be installed around the parking lot to protect plants and wildlife on the remainder of the site from unauthorized vehicle entry. A minimum of two (2) park benches, three (3) trash receptacles, and two (2) parking lot lights will also be installed. Additional amenity items and an informational kiosk may be added as funding permits. Apart from the above items, the City will construct by its own funding sources additional improvements within the Jefferson Street right-of-way. These items shall include but not be limited to a raised concrete median, concrete curb, gutter, sidewalk, and driveway apron. A bike lane will be established in the road shoulder west of the visitation area. 5. The actual cost of constructing Project shall be computed as follows: (A) Actual preconstruction costs of: (1) Design engineering (2) Preparation of construction plans and specifications (B) Actual City cost of: (1) Contract administration and (2) Construction inspection (C) Final construction cost based on contract unit prices and actual quantities of items. The portions of the above cost items (Al) and (C) above that are attributable to street right-of-way improvements shall be identified as the City's responsibility to fund. 6. City will maintain a complete and accurate record of all expenditures made from project account, including identification of the recipients and the purpose therefor. A detailed financial accounting will be included in the final project report from City to Foundation. Upon completion of the Project, any unspent grant funds remaining in said account following disbursement to City under Paragraph l(c) above and final payment to contractor shall revert to the original funding agency (State of California, Department of Parks and Recreation). 7. City shall retain all documents used to prepare accounting reports throughout the term of this agreement and for a period of three (3) years thereafter, and shall make same available to the Department or the State Auditor General for review upon reasonable request during said period. 8. During construction, City shall assign a qualified inspector to the Project who will use his best effort to ensure that construction is accomplished in accordance with the plans and specifications. 9. City shall file a Notice of Completion for the Project after final acceptance of the work. 10. Department shall, insofar as it may legally do so, indemnify and hold harmless City and Foundation and their officers and employees from any injuries, damage, or liability arising from any errors, omissions, or negligence in Department's performance of this agreement. 11. City shall, insofar as it may legally do so, indemnify and hold harmless Department and Foundation and their its officers and employees from any injuries, damage or liability arising from any errors, omissions, or negligence in City's performance of this agreement. 12. Foundation shall hold harmless Department and City and its officers and employees from any injuries, damage or liability arising from any errors, omissions, or negligence in Foundation's performance of this agreement or negligence in the Foundation's performance. 13. This agreement may be amended by mutual consent of the parties hereto. 14. Unless extended by written amendment, the term of this agreement shall commence on the date first above written and continue through the date the Notice of Completion is filed or until the State certifies in writing that the Project is complete and that the City has satisfied its obligation, whichever occurs first. IN WITNESS WHEREOF, we have entered into this Joint Powers Agreement on the day and year first above written. APPROVED AS^TQ FORM: 1_ ^ Biondo,vJi City Attorney OF? CARLS BAD: s < '7 i Claude A. Lewis, Mayor ATTEST: Aletha L. Rautenkranz, City Clerk STATE OF CALIFORNIA, DEPARTMENT OF FISH AND GAME Contract Manager BUENA VISTA LAGOON FOUNDATION Ron Wootton, President 8 St»t« of Ciliforni* - The Rtourc« A, 1 DEPARTMENT OF PARKS AND RECREATION EXHIBIT A PROJECT AGREEMENT CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984 APPLICANT.Buena Vista Lagoon Foundation PROJECT TITLE Duck Landing Restoration PROJECT NUMBER PROJECT PERFORMANCE PERIOD Date of Appropriation to June 30. 19 90 84-N-37001 Under the terms and conditions of thu agreement, the applicant agrees to complete the project as described in the project description, and the State of California, acting through its Director of Parks and Recreation pursuant to the California Park Recreational Facilities Act o' 1984. agrees to fund the project up to the total state grant amount indicated. and PROJECT DESCRIPTION: Restoration of a portion of the Buena Vista Lagoon shoreline for public access and use and related improvements. Total State Grant not to exceed $ 30/000 Buena Vista Lagoon Foundation Signature of AuthotiWpvReprelentanve Title Treasurer Date By The General Provisions attached are made a part of and are incorporated into the Agreement. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By. Date. CERTIFICATION OF FUNDING CONTRACT NUMBER PROJECT NO. 84-N-37001 UNENCUMBERED BALANCE S AMOUNT OF THIS ESTIMATE $30,000.00 FUND PARKLANDS FUND OF 1984 APPROPRIATION ITEM f - ADJ. INCREASING ENCUMBRANCE $ ADJ. DECREASING ENCUMBRANCE S FUNCTION CHAPTER STATUTES 1985 FISCAL YEAR 1985-86 LINE ITEM ALLOTMENT 1 hereby certify upon my own personal knowledge that budgeted funds are available for this encumbrance. SIGNATURE OF ACCOUNTING OFFICER T.B.A. No. DAT* 8.R No. DPR 736 (3/85) CALIFORNIA PARK & RECREATIONAL FACILITIES ACT OF 1984 Project Agreement Specul Provisions General Provisions A. Definitions 1. The term "State" as used herein means the California State Department of Parks and Recreation. 2. The term "Act" as used herein means the California Park 4 Recreational Facilities Act of 1984. 3. The term "Project" as used herein means the project which is described on page 1 of this agreement. 4. The term "Applicant" as used herein means the party described as applicant on page 1 of this agreement. B. Project Execution 1. Subject to the availability of grant moneys in the Act, the State hereby grants to the Applicant a sum of money (grant moneys) not to exceed the amount stated on page I in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the Description of Project on page 1 and under the terms and conditions set forth in this agreement. Applicant agrees to assume any obligation to furnish any additional funds that may be necessary to complete the project. Any modification or alteration in the project as set forth in the application on file with the State must be submitted to the State for approval. 1. The Applicant agrees to complete the Project in accordance with the time of project performance set forth on page 1, and under the terms and conditions of this agreement. 3. Development plans and specifications or Force Account Schedule shall be reviewed and approved by the State. 4. The Applicant shall secure completion of the development work in accordance with the approved development plans and specifications or Force Account Schedule. 5. The Applicant shall permit periodic site visits by the State to determine if development work is in accordance with the approved plans and specifications or Force Account Schedule, including a final inspection upon Project completion. 6. All significant deviations from the Project shall be submitted to the State for prior approval. C. Project Costs The Grant moneys to be provided Applicant under this agreement may be disbursed as follows: 1. State may disburse up io 10% of the State grant amount set forth on page 1 of this agreement upon full execution of the agreement. 2. State may disburse up to 100% of the State grant amount set forth on page 1 of this agreement upon receipt and approval by State of Applicant's plans and specifications or Force Account Schedule. 3. After approval by State of Applicant's plans and specifications or Force Account Schedule and after completion of the Project or any phase or unit thereof, State may disburse to Applicant upon receipt and approval by State of a statement of incurred costs from Applicant the amount of such approved incurred costs shown on such statement, not to exceed the State grant amount set forth on page 1 of this agreement, or any remaining portion of such grant amount to the extent of such statement. The statements to be submitted by Applicant shall set forth in detail the incurred or estimated cost of work performed or to be performed on development of the Project and whether performance will be by construction contract or by force account. Statements shall not be submitted more frequently than ninety day periods unless otherwise requested by State. Modifications of the development plan and schedule must be approved by State prior to any deviation from the State approved plan and schedule unless previously authorized by the State. D. Project Administration 1. The Applicant shall promptly submit such reports as the State may request. In any event Applicant shall provide State a report showing total final Project expenditures. DPR 737 (3/85) 2. Property and facilities developed pursuant to this agreement shall be available for inspection by the State upon request. 3. The Applicant shall use any moneys advanced by the State under the terms of this agreement solely for the Project herein described. 4. If grant moneys are adva'nced, the Applicant should place such moneys in a separate interest bearing account, setting up and identifying such account prior to the advance, interest earned on grant moneys shall be used on the project or paid to the State. If grant moneys are advanced and not expended, the unused portion of the grant shall be returned to the State within 60 days of completion of the Project or end of the Project performance period, whichever is earlier. 5. Income earned by the Applicant from a State approved non-recreational use on a grant project shall be used for recre- ational purposes at the grant project, or, if approved by the State, for recreational purposes within the Applicant's jurisdiction. E. Project Termination 1. The Applicant may unilaterally rescind this agreement at any time prior to the commencement of the Project. After Project commencement this agreement may be rescinded, modified or amended by mutual agreement in writing. 2. Failure by the Applicant to comply with the terms of this agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder. 3. Failure of the Applicant to comply with the terms of this agreement shall not be cause for the suspension of all obliga- tions of the State hereunder if in the judgment of the State such failure was due to no fault of the Applicant. In such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this agreement. 4. Because the benefit to be derived by the State, from the full compliance by the Applicant with the terms of this agree- ment, is the preservation, protection and net increase in the quantity and quality of beaches, parks, public outdoor recreation facilities and historical resources available to the people of the State of California and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of grant moneys under the terms of this agreement, the Applicant agrees that payment by the Applicant to the State of an amount equal to the amount of the grant moneys disbursed under this agreement by the State would be inadequate compensation to the State for any breach by the Applicant of this agreement. The applicant further agrees therefore, that the appropriate remedy in the event of a breach by the Applicant of this agreement shall be the specific performance of this agreement. F. Hold Harmless 1. Applicant hereby waives all claims and recourse against the State including the right to contribution for loss or damage to persons or property arisjng from, growing out of or in any way connected with or incident to this agreement except claims arising from the concurrent or sole negligence of State, its officers, agents, and employees. 2. Applicant shall indemnify, hold harmless and defend State, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the acquisition, development, construction, operation or maintenance of the property described as the Project which claims, demands or causes of action arise under State Law or otherwise except for liability arising out of the concurrent or sole negligence of State, its officers, agents, or employees. 3. In the event State is named as codefendant, the Applicant shall notify State of such fact and shall represent State in the legal action unless State undertakes to represent itself as codefendant in such legal action in which event State shall bear its own litigation costs, expenses, and attorney's fees. 4. In the event of judgment entered against State and Applicant because of the concurrent negligence of State and Appli- cant, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. G. Financial Records 1. The Applicant shall maintain satisfactory financial accounts, documents and records for the Project and shall make them available to the State for auditing at reasonable times. Such accounts, documents and records shall be retained by the Applicant for three years following project termination or completion. During regular office hours each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this agreement or matters related thereto. Applicant shall maintain and make available for inspection by State accurate records of all of its costs, disbursements and receipts with respect to its activities under this agreement. 2. The Applicant may use any generally accepted accounting system. H. Use of Facilities 1. The property acquired or developed with grant moneys under this agreement shall be used by the Applicant only for the purpose for which the State grant moneys were requested and no other use of the area shall be permitted except by specific act of the Legislature. 2. The Applicant agrees to maintain and operate the property acquired or developed for a period commensurate with the type of project and the proportion of State grant funds and local funds allocated to the capital costs of the project. Nondiscrimination 1. The Applicant shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this agreement. 2. The Applicant shall not discriminate against anv person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project agreement. SOCIETYP.O. BOX 480 OCEANSIDE, CA 92054 28 May 1988. City Council City of Carlsbad Ave. Pio Pico CArlsbad CA 92008 Honorable Council Members; Carrillo Rch. Arboretum Buena Vista Audubon Society/yrepresenting over 1006 members in north county is vitally interested that the Arboretum area be preserved in its natural state. As you know, our chapter is embarking upon a teaching program at our Nature Center beside Buena Vista lagoon. This program encompasses natural history, ecology and human relationship to the natural surroundings. We are fortunate to have the lagoon's varied habitat as a base for teaching, especially lower school children in 4th -6th grades but in addition we need the example Live-oak/Willow habitat that is the Arboretum property to show the differences habitat makes in the animal and plant and insect life as compared to the lagoon. This land would be of inestimable value for our field trips led for young and old alike. In passing, a part of our program includes teaching about biodegradab'lity and the need to keep the trash from human presence out of the natural landscape. We most earnestly ask that you protect the Arboretum area with appropriate land use limita.tion^arrd open space zoning. /^ •'"'</ David Roricf PRes. BVAS