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HomeMy WebLinkAbout2017-04-11; City Council; ; Batiquitos Lagoon Monitoring and Management Plan Program AGP 06-12CA Review fZl._ ~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Subject: Project Name: Project No.: April 11, 2017 Mayor and City Council Kevin Crawford, City Manage~~ Pam Drew, Associate Planner pam.drew@carlsbadca.gov or 760-602-4644 Approval of a Resolution (1) authorizing the appropriation of $100,000 from the Agricultural Conversion Mitigation Fee (ACMF) fund to the Batiquitos Lagoon Foundation (BLF) to prepare a resiliency plan for the lagoon pursuant to a previously awarded grant (AGP 06-12), (2) directing staff to return AGP 06-12 to the Agricultural Conversion Mitigation Fee Ad Hoc Citizen's Advisory Committee for further discussion and recommendation regarding disposition of remaining funds previously awarded to BLF and (3) extending the term of the Agricultural Conversion Mitigation Fee Ad Hoc Citizen's Advisory Committee by 4 years. Batiquitos Lagoon Monitoring and Management Plan Program AGP 06-12 Recommended Action Approval of a Resolution (1) authorizing the appropriation of $100,000 from the Agricultural Conversion Mitigation Fee (ACMF) fund to the Batiquitos Lagoon Foundation (BLF) to prepare a resiliency plan for the lagoon pursuant to a previously awarded grant (AGP 06-12), (2) directing staff to return AGP 06-12 to the Agricultural Conversion Mitigation Fee Ad Hoc Citizen's Advisory Committee for further discussion and recommendation regarding disposition of remaining funds previously awarded to BLF and (3) extending the term of the Agricultural Conversion Mitigation Fee Ad Hoc Citizen's Advisory Committee (Committee) by 4 years. Executive Summary The Committee met on November 29, 2016 and recommended that the City Council appropriate $100,000 in previously awarded ACMF funds to the BLF to prepare Phase I and II of the Batiquitos Lagoon Resiliency Plan (BLRP). If authorized as recommended, the $100,000 would be used to determine potential future conditions, identify data gaps, perform data collection, and develop climate change adaptation strategies that can address potential impacts to sensitive resources. The Phase I and II work is anticipated to identify additional data collection needs requiring future additional funding. Until the preliminary work is complete, the scope of the additional data needed is unknown. Once the preliminary work is complete and the additional costs are known, staff will bring forward a funding request to the Agricultural Conversion Mitigation Fee Ad Hoc Citizen's Advisory Committee and City Council. Phase I and II of the BLRP is anticipated to be finished in 2018. Item #6 April 11, 2017 Page 1 of 11 When complete, the BLRP will be a component of the long term lagoon monitoring and maintenance plan being prepared by the California Department of Fish and Wildlife (CDFW). Discussion BLF originally submitted its grant request (AGP 06-12) to the Committee in 2006 for the Batiquitos Lagoon Monitoring and Management Plan Program, a 6-year program of technical surveys, monitoring, reporting and maintenance, including development of lagoon management plan. At its June 6, 2007 meeting the Committee supported BLF's request and recommended to City Council that BLF receive $780,589 from the ACMF fund. At its February 19, 2008 meeting, City Council awarded the full grant request and approved a two-part funding plan in Resolution 2008- 50. The first part of the approved funding plan, totaling $74,995, was appropriated and has been disbursed to the BLF to collect bathymetric and tidal data (completed, $20,995) and implement maintenance activities such as invasive plant removal and habitat restoration (on-going, $40,185.88 spent to date, $13,814.12 remaining). The second portion, totaling $705,594, was awarded but not appropriated until CDFW's stewardship responsibilities and capabilities were clarified, and some data regarding the current health and maintenance needs of the lagoon was available. At the time of the council action, it was anticipated that the BLF would be back before council within nine months with a plan for the remaining $705,594. It has taken longer than nine months to make sufficient progress on these issues. Recently however, CDFW began the process of hiring a consultant to update their existing draft management plan, and will have TRANSNET funding from SANDAG to mitigate for the 1-5 widening project, to fund dredging of the lagoon. The dredging work will take advantage of the bathymetric and tidal data gathered with the initial $74,995 funding to the BLF. Based on this progress, staff is recommending approval of the Committee's recommendation to appropriate $100,000 of the remaining $780,589 original grant to fund the BLRP preparation. Staff proposes the City Council direct staff to refer AGP 06-12 back to the Committee for further discussion and recommendation regarding disposition of the remaining funds of $605,594, after completion of the BLRP. The Committee was established in August, 2005 for a period of 4 years. City Council approved 4- year extensions of the committee in 2009 and 2013. Given the extended timeline necessary for coordinating with state agencies, staff recommends that City Council extend the term of the Committee by an additional 4 years, to August, 2022. Fiscal Analysis Agricultural Conversion Mitigation Fees (ACMF) are collected as coastal agricultural lands convert to urban uses. These fees have been set aside in a special city fund (ACMF fund) dedicated to providing the types of grants the BLF has been awarded during previous project solicitation/evaluation processes. As of January 26, 2017, the total amount in the ACMF fund is $1,193,483. Of this amount, $350,598 is appropriated for disbursement to previously awarded Item #6 April 11, 2017 Page 2 of 11 projects. The remaining $842,885 has not been appropriated, although $705,594 was previously awarded to BLF. If the entire $705,594 is ultimately appropriated to the BLF, the' remaining available cash for future grants will be $137,291. Next Steps Upon authorization of City Council to approve the funding, staff will coordinate with project partners Climate Science Alliance-South Coast, CDF&W, and BLF, to: 1) begin the stakeholder involvement process by convening an introductory stakeholder meeting; 2) determine potential future scenarios and identify data needs; and 3} collect necessary data. Once data is collected and analyzed, and any additional data needs are known and funded, the project will 4} develop adaptation strategies for each potential future scenario; and 5} prepare the BLRP. After completion of the BLRP, staff will schedule a meeting of the Committee to discuss the disposition of the remainder of the funds awarded to BLF. The Committee's recommendation will be returned to the City Council for consideration at a future meeting. Environmental Evaluation (CEQA) The recommended action to approve funding for the project is exempt from environmental review per CEQA Guidelines Section 15061(b)(3}. This Section states that CEQA applies only to projects with the potential to have a significant effect on the environment, which the recommended action does not. The future use of the BLRP in a long-term management and monitoring plan would be exempt per CEQA Guidelines Section 15262 a project involving only feasibility or planning studies for possible future actions. Public Notification The public meeting notice for the Agricultural Conversion Mitigation Fee Ad Hoc Citizen's Advisory Committee was published in the Union-Tribune on November 23, 2016 and also on the city's website. An email notification to a list of those expressing interest in the Committee meetings was also sent out. Exhibits 1. City Council Resolution 2. Status Update for AGP 06-12 -Lagoon Monitoring and Management Plan Program, dated November 28, 2016, provided by the BLF 3. Batiquitos Lagoon Resiliency Plan -Scope of Work Summary Item #6 April 11, 2017 Page 3 of 11 RESOLUTION NO. 2017-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, 1) AUTHORIZING THE APPROPRIATION OF $100,000 FROM THE AGRICULTURAL CONVERSION MITIGATION FEE {ACMF) FUND TO THE BATIQUITOS LAGOON FOUNDATION {BLF) PURSUANT TO A PREVIOUSLY AWARDED GRANT {AGP 06-12) TO PREPARE A RESILIENCY PLAN FOR THE LAGOON AND {2) DIRECTING STAFF TO RETURN AGP 06-12 TO THE AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZEN'S ADVISORY COMMITIEE FOR FURTHER DISCUSSION AND RECOMMENDATION REGARDING DISPOSITION OF REMAINING FUNDS PREVIOUSLY AWARDED TO BLF. CASE NAME: CASE NO.: BATIQUITOS LAGOON MONITORING AND MANAGEMENT PLAN PROGRAM AGP 06-12 EXHIBIT 1 WHEREAS, the Agricultural Conversion Mitigation Fee Ad Hoc Citizen's Advisory Committee {Committee), on November 29, 2016, recommended to the City Council approval of Batiquitos Lagoon Foundation's {BLF) request for an appropriation of $100,000 from the Agricultural Conversion Mitigation Fee {ACMF) fund pursuant to a previously awarded grant {AGP 06-12) to prepare the Batiquitos Lagoon Resiliency Plan {BLRP); and WHEREAS, the BLF originally submitted AGP 06-12 in 2006 to develop the Batiquitos Lagoon Monitoring and Management Plan Program; and WHEREAS, the Committee, at its June 6, 2007 meeting, supported AGP 06-12 to develop the plan program and receive its full funding request of $780,589 from the ACMF fund; and WHEREAS, at the June 2007 and prior meetings, while some committee members questioned approving the proposed BLF program proposal since the California Department of Fish and Wildlife {CDF&W) is the responsible lagoon steward and property owner, the Committee acknowledged that support ofthe proposal would be in the city's best interest; and WHEREAS, city staff additionally realized that if substantive data on the lagoon were available, the data could change tasks identified in BLF's proposal; and WHEREAS, staff accordingly proposed a modified committee recommendation that Council award the full amount requested but only appropriate for disbursement a portion of the funding; and WHEREAS, at its February 19, 2008 meeting, the Council awarded the full grant request and approved a two-part funding plan with the stipulation funding of part or all of the remaining Item #6 April 11, 2017 Page 4 of 11 EXHIBIT 1 encumbered balance may first require Committee review and shall require City Council approval within approximately nine months from the date of City Council action as expressed in City Council Resolution 2008-050; and WHEREAS, the first part of the approved funding plan, totaling $74,995, was appropriated and disbursed to the BLF to collect bathymetric and tidal data and implement maintenance activities; and WHEREAS, the second portion, totaling $705,594, was awarded but not appropriated until objectives could be achieved that identified CDF&W's stewardship responsibilities and capabilities, assess the current health of the lagoon, and possibly identify any needed actions; and WHEREAS, these objectives were not achieved in the nine month time frame stipulated, and no follow up recommendation by the Committee or additional action by the City Council occurred; and WHEREAS, recent efforts by CDF&W, BLF, and the city, however, have achieved progress toward the goals, including CDF&W is in the process of hiring a consultant to write a management and monitoring plan and now has funding to help ensure adequate lagoon dredging; and WHEREAS, a recommended first step in the process of developing a monitoring and management plan would be to prepare the BLRP; and WHEREAS, the BLRP will be modeled after a successful stakeholder and science driven process undertaken at the Tijuana River National Estuarine Research Reserve (TRNERR); and WHEREAS, the results ofthe BLRP will help inform and may be incorporated into the CDF&W's long-term management and monitoring plan, the contents of which will be discussed by CDF&W, BLF, the city, and other interested parties; and WHEREAS, given the length of time since City Council's original funding approval (nine years), the approval's stipulation, and the evolving nature of Batiquitos Lagoon planning, it is appropriate for City Council to direct staff to return AGP 06-12 to the Committee for further discussion and recommendation regarding disposition of the remaining funds (approximately $605,600) previously awarded as part of AGP 06-12. 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 City Council hereby authorizes the appropriation of $100,000 to the Batiquitos Lagoon Foundation to develop a Resiliency Plan for the lagoon. Item #6 April 11, 2017 Page 5 of 11 EXHIBIT 1 3. That the City Council hereby authorizes staff to return AGP 06-12 to the Committee for further discussion and recommendation regarding disposition of the remaining funds (approximately $605,600} previously awarded as part of AGP 06-12. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of April, 2017, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. None. MATT HALL, Mayor (SEAL) Item #6 April 11, 2017 Page 6 of 11 EXHIBIT 2 November 28, 2016 Agricultural Conversion Mitigation Fee Grant Project Status Summary 8 Lagoon Monitoring and Management Plan Program (BLF Grant Class G-8) (Includes ongoing trail maintenance, and invasive plant removal and restoration along the North Shore Trail (Including establishment and maintenance of a Native Plant Demonstration Garden adjacent to the Park Hyatt -Aviara trailhead) Grant Proposal No. AGP-06-12, April 29, 2008 Grant Summary Project Award: $780,589. Grant Agreement Signed by Mayor Lewis: March 3, 2008. First funding installment: $23,995 (City of Carlsbad Ck# 175684 dated June 5, 2008). Second funding installment: $18,000, July 30, 2013. Additional income returned item credit: $194.33. Total grant disbursed plus additional income to date: $42,189.33. Project expenses to date: $30,991.05. Current funding remaining (via payments received to date): $11,198.28. Total Grant funding (Total Award) remaining: $749,597.95. Total project funding of $780,589 was approved, with the stipulation that $74,995 of that total be approved for funding now to allow some data collection and reporting, and lagoon maintenance in areas surrounding the lagoon-proper to proceed. Of the total of $74,995 initial approved funding, $20,995 is to be used to support data collection and reporting as follows: (1) Task 1.1 - Physical Monitoring: Bathymetric and Beach Monitoring and Tidal Monitoring: $18,713; and (2) Task 1.3 -Reporting: $2,282. The remaining $54,000 is distributed over 6 years as indicated in the table above for ongoing trail maintenance, and invasive plant removal and restoration along the North Shore Trail (Including establishment and maintenance of a Native Plant Demonstration Garden adjacent to the Park Hyatt -Aviara trailhead). The remaining $705,594 of the approved project funds are to be held pending review of the report of the results of the study report, review by the Agricultural Conversion Mitigation Fee Committee, and approval by the Carlsbad City Council (expected to start in the Spring of 2017). If the balance of funding is approved for release by the City, a revised funding schedule, and project schedule and milestones will be submitted. 1 Item #6 April 11, 2017 Page 7 of 11 Project Status • Through careful project management, the BLF has leveraged the maintenance funding portion of the grant. This translates into more years of support for invasive plant removal, restoration, trail maintenance, and associated maintenance activities • Batiquitos Lagoon Foundation volunteers continued work including: invasive plant removal; restoration; trail maintenance; and various maintenance activities in support of California Department of Fish and Wildlife associated with the Batiquitos Lagoon Ecological Reserve. • Replaced frayed rope fencing along the North Shore Trail. • Installed water diverters to correct erosion problem along the Kumeyaay Trail. • Removed invasive plant material (e.g., Tamarisk, Arundo Donax, Castor Bean, Fennel, and Wild Radish). • Continued the expansion of our public volunteer base for invasive plant removal, restoration and trail maintenance by offering regular work opportunities on the 1st and 3rd Saturday's of every month, 12 months per year. Our program is very well attended by families, high school students and students from local colleges and universities. • Formulated and conducted a major Eucalyptus tree trimming/removal effort to improve public safety along the trail. Working in concert with CDFW and Aviara Master [Homeowners] Association, CEQA requirements were met and removal authority was given. Over 70 trees were identified. The first phase of the project was successfully completed, with Phase 2 still pending. • Significant work by volunteers resulted in a number of trail improvements, invasive plant removal, brush removal, and trail drainage improvements. Over a mile of rope fencing was replaced. • A major legal issue with the Aviara Master (Homeowners) Association has impacted our trail maintenance, restoration and volunteer work on portions of the North Shore Trail. The Batiquitos Lagoon Foundation General Council is actively working on this issue and we expect to successfully resolve it by early 2015. The issue concerns: the use of volunteers rather than contractors; the use of tools, equipment and trail vehicles on the trail by volunteers; and volunteer liability insurance coverage. Work on CDFW and Park Hyatt -Aviara properties is unaffected, as is the BLF's right-of-access to use the North Shore Trail. Note: the BLF holds the trail and open space easement for Aviara's property within and adjacent to the Batiquitos Lagoon Ecological Reserve. This easement was passed to the BLF by the California Coastal Commission and was part of their conditions for the Aviara Development Project Coastal Development Plan approval. • The legal issue with Aviara Master (Homeowners) Association has been successfully resolved (see previous bullet item). • Project funding is being effectively managed and leveraged with our large base of volunteers. A number of local businesses and church groups also routinely have helped with needed equipment and materials. As a result, grant funding for 2 Item #6 April 11, 2017 Page 8 of 11 maintenance activities is expected to be available for use for additional years, now projected to be through 2020. • Following a series of meeting with City of Carlsbad Staff, California Department of Fish and Wildlife, Climate Science Alliance -South Coast, and the BLF, we formulated a strategy, plan of action and milestones that will lead to preparation of a Batiquitos Lagoon Management Plan that will ensure the health of the Batiquitos Lagoon Ecological Reserve and associated watershed into the future. This management plan will include global climate change, sea level rise, and other environmental variables to ensure sustainability. The first effort is a four phase project leading to completion of a Batiquitos Lagoon Resiliency Plan (BLRP). Disbursement Request The Batiquitos Lagoon Foundation is requesting disbursement of $100,000 to support preparation of the Batiquitos Lagoon Resiliency Plan (BLRP). The Climate Science Alliance -South Coast will lead the four phase project to develop the BLRP, and include California Department of Fish and Wildlife (CDFW), the Batiquitos Lagoon Foundation (BLF), and the City of Carlsbad. The BLRP project overview, four phases, key deliverables and timeline will be presented at the AG Conversion Mitigation Fee Committee meeting scheduled to be held on Tuesday, November 29, 2016. This disbursement request is considered consistent with the scope of the original grant application. 3 Item #6 April 11, 2017 Page 9 of 11 CLIMATE SCIENCE ALLIANCE EXHIBIT 3 ( City of Carlsbad Batiquitos Lagoon Resiliency Plan Scope of Work Summary Goal : To outline climate scenarios, perform prioritized data collection, develop adaptation strategies and prepare a Resiliency Plan to include in the long-term management and monitoring plan for the Batiquitos Lagoon Ecological Reserve. Phase I -Scenario Planning and Identification of Data Needs 1. Stakeholder kick-off workshop -establish ideal state and outline scenario framework 2. Physical landscape workshop -convene physical science experts to identify conditions for scenarios and data needs 3. Habitat vulnerability workshop -convene biological science experts to identify conditions for scenarios and data needs 4. Stakeholder update meeting -present results of science workshops and receive feedback 5. Prepare Phase I report Timeline: Winter/Spring 2017 Key Deliverables: • Two science-focused workshops • Two stakeholder workshops • Phase I report outlining scenarios and data needs Phase II -Baseline Conditions Data Collection 1. Convene Steering Committee 2. Review data needs and prioritization from Phase I report 3. Prepare timeline and budget for data collection 4. Perform data collection 5. Prepare Phase II report Timeline: Summer/Fall 2017 -Winter/Spring 2018 Item #6 April 11, 2017 Page 10 of 11 Phase II -Baseline Conditions Data Collection, cont'd Key Deliverables: • Steering committee convened • Baseline data collection • Phase II report outlining monitoring findings Phase Ill -Adaptation Strategies 1. Conduct stakeholder kick off workshop -review scenarios and baseline data collected, and begin brainstorming strategies 2. Conduct stakeholder workshops -identify strategies, outline implementation and monitoring plan, including triggers for action 3. Prepare Phase Ill report Timeline: Summer/Fall 2018 -Winter 2019 Key Deliverables: • Two stakeholder workshops (min) • Phase Ill report outlining adaptation strategies Phase IV -Resiliency Plan 1. Prepare final Resiliency Plan -to include information from Phase I, II, and Ill reports 2. As needed, assist CDFW with incorporation of Resiliency Plan into long-term management plan Timeline: Spring/Summer 2019 Key Deliverables: • Resiliency Plan outlining results from Phases I, II, & Ill Item #6 April 11, 2017 Page 11 of 11 Pam Drew, Associate Planner Mike Grim, Senior Program Manager April 11, 2017 Batiquitos Lagoon Monitoring and Management Plan Program AGP 06-12 Committee Recommendation On November 29, 2016, the Agricultural Conversion Mitigation Fee Ad Hoc Citizen’s Advisory Committee (Committee) met and recommended that the City Council appropriate $100,000 to the Batiquitos Lagoon Foundation to prepare a resiliency plan. Batiquitos Lagoon Resiliency Plan •Resiliency Plan –Identify data gaps –Perform some data collection (additional funding) –Develop climate change adaptation strategies Background In 2008 the Batiquitos Lagoon Foundation was awarded $780,589 for the development of a Monitoring and Management Plan, however, only $74,995 was appropriated to: –Collect bathymetric and tidal data –Implement maintenance activities such as invasive plant removal, restoration and trail improvements Background (Cont.) •The remaining $705,594 was not appropriated until it was determined what the California Department of Fish & Wildlife’s responsibilities are as owner of the lagoon •It was anticipated this would take nine months Department of Fish & Wildlife •Funding for future maintenance activities –TransNet funding from SANDAG •Received a Coastal Development Permit •Maintenance dredging planned for fall of 2017 •Update their long term monitoring and management plan AGP 06-12 •Direct staff to refer AGP 06-12 back to the Committee for further discussion and recommendation regarding disposition of the remaining funds of $605,594 •Extend the term of the Committee by an additional four years Batiquitos Lagoon Resiliency Plan Impacts to Local Conditions Change in sea level Change in wave energy Change in precipitation intensity/frequency Change in seasonal variability Habitat type conversion Erosion Flooding Altered sediment transport Shifts in migration timing Adaptation Strategy Planning •Stewardship, wildlife and restoration •Public access and recreation •Cultural and historical resources •Education, community outreach and visitor services •Public facilities and transportation BLRP Scope of Work •NOAA program adapted for Batiquitos Lagoon •Four phases –Phase I –Scenario planning and data needs –Phase II –Data collection as needed –Phase III –Adaptation strategies –Phase IV –Final report •Anticipated completion by Summer 2019 Recommended Action Approval of a Resolution (1)authorizing the appropriation of $100,000 from the Agricultural Conversion Mitigation Fee (ACMF)fund to the Batiquitos Lagoon Foundation (BLF)to prepare a resiliency plan for the lagoon pursuant to a previously awarded grant (AGP 06-12);(2)directing staff to return AGP 06-12 to the Agricultural Conversion Mitigation Fee Ad Hoc Citizen’s Advisory Committee for further discussion and recommendation regarding disposition of remaining funds previously awarded to BLF and (3)extending the term of the Agricultural Conversion Mitigation Fee Ad Hoc Citizen’s Advisory Committee (Committee)by 4 years.