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HomeMy WebLinkAbout2014-06-24; City Council; 21655; File Joint Application with State for Coastal Commission Local Coastal Program Planning Grant, with State Ocean Protection Council for Grant to Update Address Sea-Level RiseCITY OF CARLSBAD - AGENDA BILL 12 AUTHORIZE STAFF TO FILE A JOINT APPUCATION WITH THE STATE OF CALIFORNIA FOR A CALIFORNIA COASTAL COMMISSION LOCAL COASTAL PROGRAM PLANNING GRANT AND WITH THE STATE OCEAN PROTEaiON COUNCIL FOR A SEA- LEVEL RISE GRANT FOR THE CITY TO UPDATE ITS LOCAL COASTAL PROGRAM TO ADDRESS SEA-LEVEL RISE DEPT. DIREaOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: Adopt Resolution No. 2014-155 . authorizing the filing of an application to the State of California for a California Coastal Commission Local Coastal Program Planning Grant to update and certify the city's Local Coastal Program and adopt Resolution No. 2014-156 . authorizing the filing of an application to the State of California for work that supports an update of the city's Local Coastal Program to address sea-level rise, including sea-level rise modeling, vulnerability assessments, and adaptation planning and policy development. ITEM EXPLANATION: The State of California has announced grant funding availability for FY 2014-15 to support local governments in planning for sea-level rise and climate change, and complete or update Local Coastal Programs (LCPs) consistent with the California Coastal Act. LCPs are basic planning tools used by local governments to guide development in the coastal zone in partnership with the California Coastal Commission. Local agencies are required by the Coastal Act of 1976 to develop and maintain LCPs for the purposes of carrying out the Act's mandate to protect coastal resources and maximize public access to the shoreline. Grant funding available through the state to update the city's LCP is administered through two coordinated grant programs: • California Coastal Commission (CCC) LCP Planning Grant Program: $1 million available for updating and certifying LCPs; may include updates to address impacts of climate change and sea-level rise. • Ocean Protection Council (OPC) LCP Sea-Level Rise Grant Program (in partnership with the Coastal Commission and State Coastal Conservancy): $1.2 million available for work that supports LCP updates, specifically to address sea-level rise, including sea-level rise modeling, vulnerability assessments, and adaptation planning and policy development. DEPARTMENT CONTACT: Kevin Pointer 760-602-4620 kevin.pointerOcarlsbadca.Rov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED • CONTINUEDTO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 The purpose of the grants is to support local coastal planning to develop new LCPs for certification in areas that are not currentiy certified, or to update existing certified LCPs to reflect new information and changed conditions, especially in light of the effects of climate change. LCP completions and updates to include policies and implementing ordinances that address sea-level rise and other climate change impacts will be given special consideration. The OPC funds can also support the development of sea-level rise modeling, technical analysis, and vulnerability assessments. Priority for OPC funds will be given to planning approaches that emphasize use of natural infrastructure to address climate change impacts. To simplify the process for applicants and to streamline the review of proposals, the two programs are offering a joint application. Staff recommends applying for both grant programs with a single application. Entities applying for funds must provide signed resolutions from their governing bodies authorizing the application for grant funds. Staff recommends that the city pursue funding for the CCC LCP Planning and OPC LCP Sea-Level Rise grant for the City of Carlsbad to comprehensively update its LCP to address sea-level rise, obtain permit authority for all areas ofthe city's coastal zone, and align with the Community Vision and updated General Plan. Although there are no established minimum or maximum grant amounts, the awards are anticipated to range between $50,000 and $250,000. In completing the grant application which is due on July 7,2014, staff will more accurately determine project costs associated with completing the project. As a result, staff recommends that City Council authorize the submittal of a joint application for funding from both grant programs in an aggregate amount not to exceed $250,000. FISCAL IMPACT: There would be incidental staff time associated with preparing the grant application and, if awarded, staff time associated with administering the grant requirements. There is the potential fiscal benefit of up to $250,000 in grant funding combined from both grants to reimburse costs associated with planning for and updating the city's LCP. While this program requires no minimum local funding match, grant proposals will be evaluated in part to the extent that they are leveraged with additional in-kind (e.g. staff time) or cash resources. The city has already committed to funding an update to the LCP in the amount of $69,798 as part of Phase 2 of the Envision Carlsbad work program. ENVIRONMENTAL IMPACT: An application for grant funds is not a project under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21065 in that it has no potential to cause either a direct, or reasonably foreseeable indirect, physical change in the environment. If funding is awarded, subsequent planning and LCP updates will undergo environmental review in conjunction with the LCP update process. EXHIBITS: 1. City Council Resolution No. 2014-155 2. City Council Resolution No. 2014-156 1 2 9 10 11 12 13 14 17 18 19 20 21 22 EXHIBIT 1 RESOLUTION NO. 2014-155 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE FILING OF AN APPLICATION TO 4 THE STATE OF CALIFORNIA FOR A COASTAL COMMISSION LOCAL COASTAL PROGRAM PLANNING GRANT TO UPDATE AND CERTIFY ^ THE CITY'S LOCAL COASTAL PROGRAM CASE NAME: LCP PLANNING GRANT b 7 WHEREAS, the Budget Act of 2013 provides an appropriation of $1 million for 8 Coastal Commission grants in FY 14-15 to local governments to support Local Coastal Program (LCP) planning; and WHEREAS, the California Coastal Commission, under the authority of the California Coastal Act, may provide financial assistance to support coastal planning and has approved a competitive grant program to provide such financial assistance for LCP planning; and WHEREAS, the goal of the grant program is to develop new or updated LCPs in 15 conformance with the California Coastal Act and to reflect current circumstances and new 16 scientific information, including new understandings and concern for the effects of climate change; and WHEREAS, grant proposals submitted under this grant program must complete land use plan and/or zoning work to either achieve submittal for certification of a Local Coastal Program (LCP) or an Area of Deferred Certification (ADC) or of an LCP Amendment to significantly update a certified LCP or LCP segments, including with special emphasis on effects of climate 23 change and sea-level rise; and 24 WHEREAS, the City of Carlsbad, has an effectively certified LCP for the Mello I, Mello II, West Batiquitos, East Batiquitos, and Village segments; and WHEREAS, the City of Carlsbad, does not yet have an effectively certified LCP for 27 Agua Hedionda Lagoon Segment and other properties; and 28 1 2 3 4 5 19 20 21 23 24 25 26 27 28 WHEREAS, the City of Carlsbad, desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an Amendment to update the LCP in whole or in part; and WHEREAS, the City of Carlsbad, desires to pursue a project that would result in 6 the completion and submittal for certification by the California Coastal Commission of an LCP and desires to assume permit issuing authority for all deferred certification areas, including the Agua Hedionda Lagoon Segment; and WHEREAS, the City of Carlsbad commits to and agrees to fully support a planning effort intended to complete and update a certified LCP pursuant to the provisions of the California Coastal Act, with full public participation and coordination with the Coastal 7 8 9 10 11 12 2^3 Commission staff. 14 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Carlsbad, 15 California does hereby resolve as follows: 1. Staff is directed to submit the grant application package, a summary of which is attached hereto as Attachment 1, to the California Coastal Commission to provide financial and planning assistance, under authority of the California Coastal Act, in the amount not to 18 exceed an aggregate of $250,000 combined with grant funds authorized by City Counci Resolution No. 2014-156 and more particularly described in the grant application summary. 2. The city manager is authorized to execute, in the name of the City of Carlsbad, all necessary applications, contracts and agreements and amendments thereto to implement and carry out the grant application package attached hereto and any project 22 approved through approval of the grant application. /// /// /// /// 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 24th day of June 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. MATTHALL, Mayor ATTEST: BARBARA EN^LES^N, City Clerk (SEAL) Attachment 1 California Coastal Commission LCP Planning Grant and Ocean Protection Council Local Coastal Program Sea-Level Rise Grant Application Summarv Proiect Description A. Goals and objectives: The City of Carlsbad, California is located in the northern coast of San Diego County, situated about 30 miles north of San Diego and about 90 miles south of Los Angeles. The city occupies approximately 39 square miles of rolling hills, beaches and bluffs with the Pacific Ocean coastline as its western boundary. The city's 14.4 square-mile Coastal Zone contains many coastal resources including wetlands, lagoons and beaches. The City of Carlsbad's Local Coastal Program (LCP) consists of the following six geographic segments: Agua Hedionda Lagoon; Mello 1; Mello II; West Batiquitos Lagoon/Sammis Properties; East Batiquitos Lagoon/Hunt Properties; and Village Area. However, the city has not obtained certification from the California Coastal Commission (CCC) for the Agua Hedionda Lagoon segment, as well as a handful of other properties in the Mello I and Mello II segments. As a result, CCC retains permit authority for this segment as it is an area of deferred certification. The project, titled the City of Carlsbad LCP Planning for Sea Level Rise and LCP Update consists of three main components, including: Task 1—Obtaining certification of the Agua Hedionda Lagoon segment LCP resulting in the transfer of coastal development permit authority to the City of Carlsbad; Task 2—Planning and zoning work to significantly update the city's certified LCP, to reflect changed conditions, new information and scientific knowledge, new programs and policies and other changed circumstances to plan for sea-level rise and achieve consistency with CCC's sea- level rise policy guidance. Task 3—Planning for sea-level rise by: completing sea-level rise modeling; completing vulnerability assessments; developing adaptation response policies; and updating the city's LCP. The CCC LCP Planning and Ocean Protection Council SLR LCP grant funds would significantly assist the City of Carlsbad in comprehensively updating its LCP to address sea-level rise, as well as obtaining permit authority for the Agua Hedionda Lagoon segment and other properties. Once the LCP is updated the City of Carlsbad will have a fully certified LCP, which will enable the full transfer of coastal development permit authority to the City of Carlsbad. In addition, the project would significantly reduce CCC staff workload by allowing for the transfer of permit authority for all deferred certification areas. 1 2 10 11 12 13 14 18 19 20 21 22 EXHIBIT 2 RESOLUTION NO. 2014-156 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE FILING OF AN APPLICATION TO 4 THE STATE OF CALIFORNIA FOR WORK THAT SUPPORTS AN UPDATE OF THE CITY'S LOCAL COASTAL PROGRAM TO ADDRESS SEA-LEVEL RISE, INCLUDING SEA-LEVEL RISE MODELING, VULNERABILITY ASSESSMENTS, AND ADAPTATION PLANNING AND POLICY DEVELOPMENT. 7 CASE NAME: OPC LCP SEA-LEVEL RISE GRANT 8 WHEREAS, the California Ocean Protection Council, under the authority of the ^ Ocean Protection Act, approved a competitive grant program to provide financial assistance for local and regional vulnerability assessments and updates to Local Coastal Programs (LCPs) and other Coastal Act authorized plans to address sea-level rise, coastal hazards and other climate change-related impacts; and WHEREAS, the goal ofthe grant program is to develop updates to LCPs or other 15 Coastal Act authorized plans to address sea-level rise and other climate change impacts, and 16 WHEREAS, grant proposals submitted under this grant program must address at least one certified LCP segment; and WHEREAS, the City of Carlsbad, has an effectively certified LCP for the Mello I, Mello II, West Batiquitos, East Batiquitos, and Village segments; and WHEREAS, the City of Carlsbad, does not yet have an effectively certified LCP for Agua Hedionda Lagoon Segment and various other properties; and 23 WHEREAS, the City of Carlsbad, recognizing the problems and issues associated 24 vvith climate change, desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an LCP Amendment, that 26 would address such impacts; and 27 28 1 WHEREAS, although the City of Carlsbad has no certified LCP for the Agua Hedionda Lagoon segment, it recognizes the problems and issues associated with climate change and desires to pursue a project that would allow it to address those impacts when it submits an LCP for certification to the California Coastal Commission. The City of Carlsbad, has already 6 committed to completing its LCP, as detailed in the attached grant application package; and 7 WHEREAS, the City of Carlsbad will coordinate with the staffs of the California Coastal Commission, the State Coastal Conservancy and the Ocean Protection Council in undertaking the project, if approved. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Carlsbad, California does hereby resolve as follows: 8 9 10 11 12 13 1. Staff is directed to submit the grant application package, a summary of which is attached hereto as Attachment 1, to the Ocean Protection Council to provide financial and planning 14 assistance, under authority of the Ocean Protection Act, in the amount not to exceed an aggregate of $250,000 combined with grant funds authorized by City Council Resolution 15 iMo. 2014-155 and more particularly described in the grant application summary. 16 17 2. The city manager is authorized to execute, in the name of the City of Carlsbad, all necessary applications, contracts and agreements and amendments thereto to implement and carry out the grant application package attached hereto and any project 18 approved through approval of the grant application. 19 /// 20 21 22 23 24 25 /// /// /// /// /// 26 /// 27 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 24**' day of June, 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. ATTEST: BARBARA ENGLESON, City Clerk (SEAL) Attachment 1 California Coastal Commission LCP Planning Grant and Ocean Protection Council Local Coastal Program Sea-Level Rise Grant Application Summarv Proiect Description A. Goals and objectives: The City of Carlsbad, California is located in the northern coast of San Diego County, situated about 30 miles north of San Diego and about 90 miles south of Los Angeles. The city occupies approximately 39 square miles of rolling hills, beaches and bluffs with the Pacific Ocean coastline as its western boundary. The city's 14.4 square-mile Coastal Zone contains many coastal resources including wetlands, lagoons and beaches. The City of Carlsbad's Local Coastal Program (LCP) consists of the following six geographic segments: Agua Hedionda Lagoon; Mello I; Mello II; West Batiquitos Lagoon/Sammis Properties; East Batiquitos Lagoon/Hunt Properties; and Village Area. However, the city has not obtained certification from the California Coastal Commission (CCC) for the Agua Hedionda Lagoon segment, as well as a handful of other properties in the Mello I and Mello II segments. As a result, CCC retains permit authority for this segment as it is an area of deferred certification. The project, titled the City of Carlsbad LCP Planning for Sea Level Rise and LCP Update consists of three main components, including: Task 1—Obtaining certification of the Agua Hedionda Lagoon segment LCP resulting in the transfer of coastal development permit authority to the City of Carlsbad; Task 2—Planning and zoning work to significantly update the city's certified LCP, to reflect changed conditions, new information and scientific knowledge, new programs and policies and other changed circumstances to plan for sea-level rise and achieve consistency with CCC's sea- level rise policy guidance. Task 3—Planning for sea-level rise by: completing sea-level rise modeling; completing vulnerability assessments; developing adaptation response policies; and updating the city's LCP. The CCC LCP Planning and Ocean Protection Council SLR LCP grant funds would significantly assist the City of Carlsbad in comprehensively updating its LCP to address sea-level rise, as well as obtaining permit authority for the Agua Hedionda Lagoon segment and other properties. Once the LCP is updated the City of Carlsbad will have a fully certified LCP, which will enable the full transfer of coastal development permit authority to the City of Carlsbad. In addition, the project would significantly reduce CCC staff workload by allowing for the transfer of permit authority for all deferred certification areas.