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Home My WebLink About2017-11-07; City Council; ; Buena Vista Lagoon Enhancement Plan Final Environmental Impact Report~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Co ntact: November 7, 2017 Mayor and City Council Kevin Crawford, City Manager Jason Haber, Assistant to the City Manager jason.haber@carlsbadca.gov or 760-434-2958 CA Review .EJj.._ Subject: Buena Vista Lagoon Enhancement Plan Final Environmental Impact Report Recommended Action Receive a presentation from SAN DAG regarding the Buena Vista Lagoon Enhancement Plan Final EIR. Executive Summary SAN DAG has completed the Final EIR for the Buena Vista Lagoon Enhancement Plan, which is posted on the SANDAG website www.KeepSanDiegoMoving.com . SANDAG will present an overview of the four project alternatives they considered (Freshwater, Saltwater, Hybrid and No Project), and the reasons for identifying the Saltwater Alternative as the proposed project. Discussion The Buena Vista Lagoon is a freshwater lagoon located along Carlsbad's northern city limit. The lagoon encompasses approximately 220 acres, extending to the coastline from just east of Interstate 5. The lagoon is in a state of biological decline, and over the past decade numerous federal, state, and local agencies and organizations· have attempted to reach consensus on how to reverse this decline through a large-scale enhancement effort. The Buena Vista Lagoon Enhancement Plan includes engineering studies and the preparation of an Environmental Impact Report (EIR) to analyze possible approaches to the enhancement of the lagoon (See SAN DAG Project Fact Sheet -Exhibit 1). In July 2012, SAN DAG agreed to take over from the State of California as the lead agency for the environmental review. SAN DAG involvement stems from its need to provide biological mitigation to offset impacts from transportation projects included in the North Coast Corridor Public Works Plan and future State Route 78 improvements. SAN DAG was asked to complete an Environmental Impact Report (EIR), which analyzed a variety of alternatives, and to make a recommendation on how best to achieve the lagoon's enhancement. In April 2013, SAN DAG published a Notice of Preparation for the EIR. In May 2013, SAN DAG conducted a public scoping meeting to collect input on the issues to be addressed in the environmental review process. On July 8, 2015, SAN DAG published a Notice of Availability for the Draft EIR and began a 55-day public comment period. The City of Carlsbad submitted a comment letter dated September 1, 2015 (See Exhibit 2). November 7, 2017 Item #14 Page 1 of 5 Four project alternatives have been ~valuated: three enhancement alternatives (Freshwater, Saltwater, and a Saltwater/Freshwater Hybrid) and a 'No Project' alternative. SANDAG engaged federal and state agencies, the cities of Carlsbad and Oceanside, stakeholders, and the public in considering alternatives through the EIR process. The Final EIR identifies the Saltwater Alternative as the proposed project. The EIR is posted for review at www.keepsandiegomoving.com/buena vista lagoon docs.aspx, and is expected to be brought to the SAN DAG Board of Directors for consideration and certification in December 2017 or January 2018. Fiscal Analysis SAN DAG committed $800,000 in TransNet funds for the Buena Vista Lagoon Enhancement Plan environmental review process. Additionally, the cities of Oceanside and Carlsbad each contributed $100,000 toward the study. Funding for implementation of a potential enhancement project will be explored after completion of the EIR process and selection of a preferred alternative by SAN DAG. No funding is being requested at this time. Next Steps The final EIR is expected to be brought to the SANDAG Board of Directors for consideration and certification in December 2017 or January 2018. Environmental Evaluation (CEQA) The proposed action does not qualify as a "project" under the California Environmental Quality Act {CEQA) per State CEQA Guidelines Section 15378, as it does not result in a direct or reasonably foreseeable indirect physical change in the environment. Public Notification This item was noticed in accordance with the Ralph M. Brown Act (California Government Code Section 54950 et seq.), published and distributed a.t least 72 hours prior to the meeting date and time. Exhibits 1. Buena Vista Lagoon Enhancement Project Fact Sheet -SAN DAG 2. City of Carlsbad Draft EIR Comment Letter (Sept. 1, 2015) and SANDAG Response November 7, 2017 Item #14 Page 2 of 5 Sept,,{1",ber 1,2015' Ms,.Lauten Washington. EnvJronmenu.l Planner.O SAN DAG 401.S S"treet, Suite 800 .san,otego,CA·!IZ!Ol (~atvof Carlsl5ad RE: DRAFT ENVIRONMENTALIM~ACT REPORT FORTHE aUENAVlSTA LAGOON ENHANCEMENl' PROJECT ,hank'you. for the,opportunlty to r,,lftew the draft ~nvironmental .1mpa~~ReP<)rt.(ElR) for th~ ~u~n;o Vl&tii lagoon Enliancemen~ Prpjett. We were iinprtssedwith the exte11Sive and thorough·analits of th~· i,xistlng·co.ndltlons and' \he propo~ed pmJeaalternatives. All thrce.alternntM» ·an,i:learly described, docume·nting key components, environrne/ltalTmpacts and related·costs, Thecanalysi<Jiemonst/atesc that, under eat!. alternative, the bfological'forictions and water ecology of thlsvltai natura'I resou,cewou!d be. enhanced, 'fo sorne degree, each alt'emative would address the dedln,, of this water body from years of sedimeotatTon and lnvasiv~ veg;etatlon. We were espe.ciallv pleased to see trail connectivity between-the Buena Vista Audub,mNature Center and Maxton 8rown·Pal1< lden~fied.wlthin thee report;The·prci,osed'b<lardwalkwould serve,,.. a vitahrali seg;ment, lln~ing the Clty"f carlsbad and thet:ir:y ofOceanside, Theproposed·ADA.attessible.averlooks would enhance·passlve recraat)onal a(lieducatlona/ apportunftles, such·~ flshlng, bird watching, and habitat.studies. The·board\\ialk would also signlficantiy improve safety con8itlons foq,e<festfJallS: traveline alo~g the waler'$ e<fge. The draft Elllis a major. milestJ>ne in ;rudying the alternatives for·enkancing-the lagoon, and we'look forward toJ.urther,,dis.cussion_s·ort .t~e prOposeq prqj~c:t a:rte:ma~ive,s. Slnc.etety, .Kas1a Trojanaws~a Parks.-Plan11er l5taff Llaisan to the !leach Preservation Committee}. cc:. Keith Greer, SenioiRegional Planner, SANOACi Pat Thomas, Public WorkS Director Glen.Van P~kl, C:Ommuni.ty & Economic Dillielopment.Dirru:or Ch,Js·J'!a,eltlne, Parks&·Recreaoon Diiector ·Kyle Lancaster, Par\:• Superinten<lent .tlz Ketabian, Par~ Plonning Maoager P;,rw.; ~ ·Rwe,rtion Dlli,artmern 109 PllieA1te,sutte200 i C.rt,.b(!d, CA s:1.oos I 7o0-434'2826t I 760-43lt,50SE t Buena Vista Lagoon Enhancement Project Final EIR September 2017 '8-1 I 8-2 B:S I 84 Appendix P: Public Comments on Draft EIR and Responses 8-1 LETTERS City of Carlsbad The comment provides introductory statements and no further response is required. 8-2 The comment states that biological function and water quality would be enhanced to some degree by each alternative. This comment does not address the adequacy of the Draft EIR. 8-3 The comment expresses support of the trail connectivity and Boardwalk, enhancing recreational and educational opportunities and providing safe public access along the lagoon. This comment does not address the adequacy of the Draft EIR. 8-4 The comment provides final statements and no response is required. Page P-61 m >< 2: 0-;::;: N November 7, 2017 Item #14 Page 5 of 5 Nov 6, 2017 Dear Honorable Mayor and Council, '\Ii Receive _ Agenda Item # 14 , For the Information of the: CITY COUNCIL ,/ AC~.L CA .JL._ cc ~ Date'!JJ4nCity Manager _L Growing up a block off the Buena Vista Lagoon I have watched sorrowfully for decades as it has filled in due specifically to excess sedimentation being unable to escape to the ocean. The ONLY FEIR alternative that can remedy this is the Salt Water Alternative. Otherwise you will have a weedy marsh. After 15 years of study including: hydrology, DEIR, FEIR, public outreach, agency involvement -the most sustainable and environmentally preferred alternative was in fact recommended in the FEIR. Although the salt water alternative does not HAVE to be chosen I strongly urge our representative to SAN DAG to support this alternative. Take a good look at San Elijo (the train is the best way). It is a functional wetland that also provides recreational opportunities, supports many hundreds of plant, fish and animal species and is an eco-tourism destination. It is beautiful and functional. It ameliorates the water pollution from dirty urban water before discharge to the ocean. This is desperately needed in our Buena Vista Watershed that is 303D impaired for: sediment, nitrates, phosphates, metals and both human and animal coloform bacteria. It is a breeding ground for mosquitos which spread increased numbers of diseases due to the warming of our climate. The tricky part is the private ownership of both the weir and the surrounding land. Although there are some real challenges to implementing the Salt Water Alternative, like lateral pedestrian access and a jetty to keep the mouth open -they are doable and worthwhile. I wish we didn't need those things, (had that house not been built in the middle of the channel they may have been avoidable. ) It now see it as our governments job to work with the affected landowner to make the salt water alternative a reality. It in fact would greatly benefit Saint Malo by reducing both flooding and mosquito problems. They have been very closed minded and frankly uneducable on any view except their erroneous one. We need our functional wetlands because they are the rookeries of the ocean, no other alternative allows for this to be restored to it's highest and historical ecological function. Please resist political pressure and the influence of a couple deep pockets and take the correct long term view for the long term sustainability of the Buena Vista Lagoon and our Oceans. You may well not see the completion ofthis project in your lifetime but rest assured future generations will thank you - Kasey Cinciarelli Carlsbad, CA Morgen Fry From: Sent: To: Subject: Meg Beauchamp Monday, November 06, 2017 5:23 AM .n Receive -Agenda Item # _Jj- For the Information of the: CITY COUNCIL 1 ACM V CA_iL,_CC v oare 11WPN MaoaaeCiZ Council Internet Email; mayor@carlsbad.gov; Parks and Recreation; clerk@carlsbad.gov; Cori Schumacher; Mark Packard Buena Vista Lagoon I have followed the plight of the lagoon for many years and I am thrilled with the recommendation of SAN DAG, with support of the BV Lagoon Foundation to return the lagoon to its natural saltwater state. In doing this, we increase California wetlands, minimize risk of mosquito born diseases and preserve beautiful natural California. It's a win for all of us. I encourage members of council to support the SAN DAG recommendation. Thank you Meg Beauchamp Meg 1 Final Environmental Impact Report Presentation to City of Carlsbad November 7, 2017 1 2 Project Background “The analysis indicated it is likely that all of the existing open water area, except for a small flow channel, will evolve to vegetated habitat within the next 50 years.” Page vii Feasibility Study (2004) 3 4 Study Area Ownership 5 6 Weir Beach Inlet Environmental Review Process Complete & Circulate Draft EIR Complete Technical Studies Revise EIR & Post Final EIR Decision by SANDAGScoping Public InputPublic Input Public Input 7 8 Freshwater Alternative Expands and deepens open water Replaces existing weir and expands from 50’ to 80’ Creates cattail maintenance area Construction: $42 -$46 million Maintenance: $221 -$504 K/yr Salt Water Alternative Removes weir to create tidal wetlands Inlet expanded from 50’ to 100’ Elevates existing Carlsbad Blvd to accommodate a bridge Creates Pedestrian bridge to cross the new inlet Construction: $60 -$65 million Maintenance: $152 -$233 K/yr 9 Hybrid Alternative Creates new weir under I-5 Saltwater west of I-5 and freshwater east of I-5 Design option for a channel guide Construction: $60 -$67 million Maintenance: $377 -$744 K/yr No Project No enhancement activities Current maintenance activities continue Required by CEQA Elevated Pedestrian Boardwalk Included in all alternatives 10 New Channel Inlet Saltwater and Hybrid Alternatives 11 Channel Guide 12Saltwater and Hybrid Alternatives Design Option EIR Conclusions Environmental Resource Area Freshwater Saltwater Hybrid No Project LE MP LE MP LE MP LE MPLand Use and Recreation L M M M M M L N Hydrology L L L L L L SP N Oceanography/Coastal Processes L L L L L L N N Water and Aquatic Sediment Quality M L M L M L SP N Biological Resources ST L ST L ST L SP N Geology and Soils L L L L L L N N Cultural Resources M L M L M L N N Paleontological Resources M N M N M N N N Visual Resources ST L ST, SP M ST, SP M L N Traffic and Circulation L L ST L ST L N N Air Quality ST -ST -ST -N - Global Climate Change, Greenhouse Gas Emissions, and Sea Level Rise L -L -L -N - Noise ST ST ST ST ST ST N N Public Services and Utilities L N L L L L N N Public Health and Safety L L SP L SP L SP N LE = Lagoon Enhancement MP = Materials Placement ST = Significant temporary unavoidable impact SP = Significant permanent unavoidable impact M = Significant but mitigable to less than significant impact L = Less than significant impact N = No impact –= Lagoon enhancement and materials disposal/reuse analyzed together13 Selection of Proposed Project 14 All alternatives perform better than No Project Hybrid Alternative is most expensive Saltwater Alternative is the proposed project for the following reasons: •Highest reduction in flooding •Greatest improvement in water quality •Greatest reduction in mosquitos carrying diseases •Most benefit to endangered species and habitat •Consistency with PWP and use as mitigation for transportation infrastructure. 15 •Clarifying use of alternatives as mitigation •Lateral Access •Inlet Bridge Design and Options •Liability for Property Owners •Funding for construction KEY CONCERNS RAISED 16 …..we would not support using the Freshwater Alternative as mitigation for other projects, nor would we support using grants (e.g., Transnet Net Benefit Funds) for this alternative. ..… none of the alternatives, except the Saltwater Alternative, provide the level of restoration benefits envisioned by the REMP. Thus, these other alternatives would not be able to be used as mitigation for impacts associated with the NCC PWP/TREP transportation infrastructure projects due to inconsistencies with the REMP provisions. United Stated Fish and Wildlife Service EIR Comment Letter California Coastal Commission EIR Comment Letter Clarifying Use as Mitigation for Transportation Projects Lateral Beach Access Crossing conditions hazardous for some beach users (i.e, water > 1.5’): Currently: 3-5 percent of time Future: 37 percent of the time Proposed Inlet: Average water depth: 0 –5’ During spring tides: 6’+ 17 Weir Pedestrian Bridge 18 19 Property Owner Liability http://www.keepsandiegomoving.com/BVlagoon Online Resources 20 •SANDAG Board Meeting January 2018 •Obtain policy direction on project and certify EIR •Continue to work as directed Next Steps 21