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HomeMy WebLinkAbout2001-03-06; City Council; 16105; Nearshore Reef Mitigation Costs For Regional BeachCITY OF CARLSBAD -AGENDA BILL AB# 14, 10s -- TITLE- DEPT. HD. 3-G-al ESTABLISHING A RESERVE IN THE GENERAL FUND TO MTG. PROVIDE UP TO $180,400 TO COVER THE CITY OF CARLSBAD’S FAIR SHARE OF THE POTENTIAL NEARSHORE DEPT. Council REEF MITIGATION COSTS FOR THE REGIONAL BEACH RECOMMENDED ACTION: Adopt Resolution No. dal-75 establishing a reserve in the General Fund to provide up to $180,400 to cover the City of Carlsbad’s fair-share of the potential nearshore reef mitigation costs for the Regional Beach Sand Project, and authorizing execution of a Memorandum of Understanding with the San Diego Association of Governments (SANDAG) upon review and approval by the City Attorney, to transfer the funds to SANDAG if needed for impact mitigation ITEM EXPLANATION: At its March 1, 2001 meeting, the Shoreline Preservation Committee (WC) recommended that the region’s coastal cities establish commitments to pay for their fair-share of the potential environmental mitigation costs of the Regional Beach Sand Project. The SK recommends that each city pass a resolution establishing a commitment to provide the amount of funds identified in the attached table and authorize the execution of a Memorandum of Understanding with SANDAG to transfer the funds to SANDAG after completion of a four-year monitoring program, if the funds are needed to mitigate environmental impacts of the project on nearshore reefs. The Regional Beach Sand Project is designed to deposit two million cubic yards of sand dredged from offshore deposits and placed at 12 beach sites throughout San Diego County. The purpose of this request is cover a $l,lOO,OOO shortfall in the funding for the project. The balancing of the project budget will eliminate the need to cut back on the amount of sand being placed on each beach by approximately 12%. Implementation of the full project will provide six miles of new beach area at the most eroded beaches along the region’s coast. The Shoreline Preservation Committee has developed a fair-share allocation among the coastal jurisdictions, based on a combination of each jurisdiction’s miles of sandy shoreline, and the amount of sand it receives as part of the Regional Beach Sand Project. The fund commitments requested from the coastal cities would be used to meet a portion of the project’s state and federal permit requirements for mitigating significant long-term environmental impacts to nearshore reef habitat, should they occur, and would balance the project budget. The EIR on the project concluded that there would be no significant long-term impacts on nearshore reef habitat, based on analysis of a reasonable worst-case scenario. The mitigation funding requirement in the state and federal permit conditions recognizes that the nearshore coastal area is very dynamic and difficult to evaluate. The permit conditions require SANDAG to carry out an extensive monitoring program for the beaches and the sensitive nearshore reef habitat over a four-year period. At the end of the four years, in 2005, SANDAG will submit the results of the monitoring program to the state and federal regulatory agencies. The agencies, SANDAG, and its environmental consultants will work together to determine if there have been any significant long-term impacts on the nearshore habitat that are PAGE 2 OFAGENDA BILL NO. 16 I 105 related to the sand from the Regional Beach Sand Project. Up to $1.3 million could be required for mitigation if a determination of significant long-term impact is made. It is also possible, but not guaranteed, that the nearshore reef mitigation funds will never be needed. If this case occurs, the committed funds will be released. ENVIRONMENTAL REVIEW: Pursuant to Public Resources Code Section 21065 and CEQA GuidelinesSection 15378, the proposed action does not constitute a “project” within the meaningof CEQA and, therefore, does not require environmental review. FISCAL IMPACT: The Regional Beach Sand project is estimated to cost approximately $17 million. The majority of these costs will be funded by a combination of state and federal grants. Included in this amount is $1.3 million to be spent on nearshore reef mitigation measures, as needed. If these measures are required, the total project costs will exceed the grant funding by approximately $1.1 million. The SPC is recommending that the potential shortfall be made up by the coastal cities though commitment to contribute the additional funds, if necessary. Carlsbad’s share of the shortfall amount is $180,400. Staff is recommending that Council reserve this amount in the General fund balance. The General Fund balance was approximately $40 million as of December 31, 2000. The reserve will set aside the money in the General Fund to ensure that it is available if, and when, needed for the mitigation measures on this project. EXHIBITS: 1. Resolution No. d@l- 75 bl’ h’ esta is mg a reserve in the General Fund to provide up to $180,400 to cover the City of Carlsbad’s fair share of the potential nearshore reef mitigation costs for the Regional Beach Sand Project and authorizing execution of a Memorandum of Understanding with the San Diego Association of Governments (to be distributed at the March 6, 2001 City Council Meeting). RESOLUTION NO. 2001-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ESTABLISHING A RESERVE IN THE GENERAL FUND TO PROVIDE UP TO $180,400 TO COVER THE CITY OF CARLSBAD’S FAIR SHARE OF THE POTENTIAL NEARSHORE REEF MITIGATION COSTS FOR THE REGIONAL BEACH SAND PROJECT, AND AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) TO TRANSFER THE FUNDS TO SANDAG IF NEEDED FOR IMPACT MITIGATION WHEREAS, The San Diego Association of Governments (SANDAG) is carrying out the 8 II San Diego Regional Beach Sand Project in order to initiate restoration of the region’s seriously 9 /I eroded beaches; and 10 11 WHEREAS, the objective of the project is to place a total of 2 million cubic yards of 12 13 clean, beach quality sand at 12 beaches throughout the region, creating six miles of new beach area; and 14 15 16 17 18 19 20 21 WHEREAS, the project budget has a deficit of approximately $1.1 million which would necessitate the reduction of about 12% of the sand scheduled to be placed at each of the 12 beaches; and WHEREAS, the project’s state and federal permits require the establishment of a fund of up to $1.3 million to be reserved for use in mitigating significant long-term environmental impacts to nearshore reefs from the project, if they occur; and WHEREAS, the determination of significant long-term impacts will take place 22 subsequent to a four year environmental monitoring program conducted by SANDAG, after 23 which SANDAG could be required to spend up to $1.3 million to mitigate such impacts; and 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 WHEREAS, SANDAG’s Shoreline Preservation Committee has developed a fair-share allocation of the $1.1 million needed to balance the project budget among the region’s coastal jurisdictions, based on a combination of each jurisdiction’s miles of sandy shoreline and the amount of sand it receives as part of the Regional Beach Sand Project; and WHEREAS, the Shoreline Preservation Committee recommended at its March 1, 2001 meeting that the coastal cities establish a commitment to pay their fair-share of the project’s budget shortfall to cover the potential costs of mitigating significant long-term environmental impacts to nearshore reefs from the project, and provide the funds to SANDAG, if they are needed. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. 2. That the above recitations are true and correct. That a reserve is hereby established in the General Fund in the amount of $180,400 to cover the City’s fair-share of the potential nearshore reef mitigation costs for the Regional Beach Sand Project. Any reserves not required to be transferred to SANDAG for impact mitigation will be returned to the General Fund balance at the end of the project. 3. That the City Council authorizes the Mayor to execute a Memorandum of Understanding with the San Diego Association of Governments (SANDAG), upon review and approval by the City Attorney, to transfer the funds to SANDAG if needed for impact mitigation. /// /I/ -2- Page 2 of 3 of Resolution No. 2001-75 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 2e 2; 28 PASSED, APPROVED AND ADOPTED at a special meeting of the City Council of the City of Carlsbad on the 6TH day of March , 2001, by the following vote: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard and Hall. NOES: None ABSENT: None ATTEST: Page 3 of 3 of Resolution No. 2001-75 -3- MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) REGARDING THE RESERVATION AND TRANSFER OF FUNDS FROM THE CITY TO SANDAG TO COVER POTENTIAL COSTS OF ENVIRONMENTAL MITIGATION OF IMPACTS TO NEARSHORE REEFS FROM THE SAN DIEGO REGIONAL BEACH SAND PROJECT Purpose. The purpose of this Memorandum of Understanding (MOU) is to provide for the transfer up to $ 180,400 in funds from the City of Carlsbad to SANDAG in the event they are needed to cover the city’s fair share of the costs of mitigating environmental impacts to nearshore reefs from the San Diego Regional Beach Sand Project. In order to accomplish this purpose, SANDAG has adopted Resolution # 2001-25, dated February 23, 2001, which provides for the Executive Director to Execute an MOU and accept funds from the San Diego region’s coastal cities for the purpose stated above. In order to accomplish this purpose the City of Carlsbad has adopted Resolution No. 2001-75 dated March 6, 2001, which establishes a reserve in the City’s General Fund of 4180,400 for the purpose stated above, and authorizes transfer of the funds to SANDAG in accordance with the terms of this Memorandum of Understanding if they should be needed. Responsibilities of SANDAG. SANDAG’s responsibilities in implementing this MOU are: A. To request up to $180,400 from the City of Carlsbad, in the event that it is determined that the San Diego Regional Beach Sand Project has had significant long-term impacts on nearshore reefs, the determination of which is to be made by the US. Army Corps of Engineers and the California Coastal Commission, based on the results of a four-year environmental monitoring program carried out by SANDAG (to be completed in 2005) and input from federal and state resource agencies, SANDAG, and other interested parties; B. If necessary, to use the funds to carry out mitigation of the impacts to nearshore reefs as determined by the Corps of Engineers and the Coastal Commission, account for the funds while held by SANDAG, and return any unused funds to the City with interest at the average rate of return of SANDAG’s investment portfolio during the time the funds are being held by SANDAG; C. Issue a written report and accounting to the City at the completion of the mitigation work describing specific activities and expenses incurred in implementing the mitigation, and the final disposition of the funds supplied by the city. Responsibilities of the Citv of Carlsbad. The City of Carlsbad’s responsibilities in implementing this MOU are: A. To provide SANDAG, upon sixty (60) days’ notice, with up to $180,400 for the purpose of mitigating environmental impacts to nearshore. reefs from the San Diego Regional Beach Sand Project, if it is determined that the Project has had significant long-term impacts on the nearshore reefs, and SANDAG requests the funds. SANDAG Qkikpu BOB PARROTT, Interim Executive Director . Date bfarch 16, 2001 Date q Z.&u/ I APPROVED AS TO FORM RONALD R. BALL$ity4Attty . ’ . Al-JEST: , San Diego ASSOCIATION OF GOVERNMENTS 401 B Street, Suite 800 San Diego, CA 92101-4231 (619) 595-5300 - Fax (619) 595-5305 www.sandag.org July 24,200l Debra Doerfler City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Ms. Doerfler: Please find enclosed the signed Memorandum of Understanding (MOU) between Carlsbad and SANDAG. This MOU pertains to potential environmental costs of mitigation to the near-shore habitat resulting from the San Diego Regional Beach Sand Project. Thank you for your help in making the Beach Sand Project come to fruition. Please call Laura Fairhurst at 619-595-5314 or myself at 619-595-5346 if you have any questions. Senior Regional Planner SS/LF/cd Enclosures cc. Eric Munoz MEMBER AGENCIES: Cities of Carlsbad. Chula Vrsta, Coronado, Del Mar, El Cajon, Encinitas. Escondido, lmpenal Beach, La Mesa, Lemon Grove, Nattonal City, Oceanside. Poway, San Diego, San Marco% Santee. Solana Beach, Vista, and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, Metropolitan Transit Development Board, North San Diego County Transtt Development Board, U.S. Department of Defense. SD. Unified Port District, S.D. County Water Authortty, and Ttjuana/Baja CalrformaiMexico.