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HomeMy WebLinkAbout2018-11-13; City Council; ; Buena Vista Lagoon Restoration Project-SANDAG Continuance RequestNovember 13, 2018 Item #8 Page 1 of 18 CA Review ~c,... ~ CITY COUNCIL ~ Staff Report Meeting Date: November 13, 2018 Mayor and City Council To: From: Scott Chadwick, City Manager Staff Contact: Jason Haber, Assistant to the City Manager jason .haber@carlsbadca.gov or 760-434-2958 Subject: Buena Vista Lagoon Restoration Project-SAN DAG Continuance Request Recommended Action Consider a request from Mayor Matt Hall to discuss asking SANDAG for a six-month continuance of the Buena Vista Lagoon Restoration project. Executive Summary On November 16, 2018, the SANDAG Board of Directors is scheduled to consider adopting a resolution identifying the saltwater alternative as the proposed project and certification of the Final EIR for the Buena Vista Lagoon Enhancement Plan. On November 6, 2018, Mayor Hall submitted the attached letter (Exhibit 1) to the city manager requesting that the subject item be placed on the November 13, 2018, City Council agenda. Pursuant to Carlsbad Municipal Code Section 1.20.060.C: The city manager is responsible for scheduling matters for consideration by the council based on established council priorities, the city's business and governmental needs, and requirements of applicable law. Items of business may be placed on the agenda by any member ofthe council, the city manager or the city attorney, or by council action. Council-originated items must be submitted to the city manager not less than seven days before the date ofthe council meeting at which the member desires the item to appear on the agenda. Nothing in this section precludes a council member from requesting council action to place an item on the agenda for a future meeting. Discussion On November 7, 2017, the City Council received a presentation from SAN DAG (Exhibit 2) and directed staff to submit a letter in support of a SAN DAG decision to approve the saltwater alternative as the proposed project for the enhancement of Buena Vista Lagoon (Exhibit 3). 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 November 13, 2018 Item #8 Page 2 of 18 Enhancement Plan includes engineering studies and the preparation of an Environmental Impact Report (EIR) to analyze possible approaches to the enhancement of the lagoon. Four project alternatives have been evaluated: 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 scheduled to be brought to the SAN DAG Board of Directors for consideration and certification on November 16, 2018. On November 5 and November 6, 2018, Mayor Hall received correspondence from lagoon stakeholders seeking a six-month extension to allow further negotiations with wildlife agencies to occur prior to a final SAN DAG decision. On November 6, 2018, Mayor Hall submitted the attached letter (Exhibit 1) to the city manager requesting that the subject item be placed on the November 13, 2018, City Council agenda for discussion and to direct the city's SAN DAG representative to request a six-month continuance. 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, the California Department of Fish and Wildlife provided $228,000, and $25,000 was provided by the Buena Vista Lagoon Foundation . 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 scheduled to be brought to the SAN DAG Board of Directors for consideration and certification on November 16, 2018. Mayor Hall has requested that the City Council give direction to the city's SAN DAG representative to request a six-month continuance "to provide all parties involved a chance to perhaps come to a hybrid solution and therefore eliminate very costly CEQA litigation." Environmental Evaluation (CEQA) Pursuant to Public Resources Code Section 21065, this action of asking SAN DAG for a continuance of their consideration and certification of a Final EIR, does not constitute a "project" within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physica l change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. November 13, 2018 Item #8 Page 3 of 18 Public Notification This item was noticed in accordance with the Ralph M. Brown Act {California Government Code Section 54950 et seq.), published and distributed at least 72 hours prior to the meeting date and time. Exhibits 1. November 6, 2018 -Request from Mayor Matt Hall to place an item on the November 13, 2018, City Council Agenda (with email correspondence) 2. November 7, 2017 -SANDAG presentation to Carlsbad City Council 3. November 13, 2017 -City of Carlsbad letter to SAN DAG November 13, 2018 Item #8 Page 4 of 18 .-:-: .· Cicyof Carlsbad Office of the Mayor November 6, 2018 Mayor Pro-Tern Keith Blackburn · Council Member Mark Packard Council Member Michael Schumacher Council Member Cori Schumacher RE: Request continuance of Buena Vista Lagoon Restoration Project Exhibit 1 Consistent with Carlsbad Municipal Code, Section 1.20.060{c), I request to have an item be placed on the November 13, 2018 City Council Agenda to discuss asking for a continuance of the Buena Vista Lagoon Restoration project and give direction to SANDAG and the city's SAN DAG representative to request continuance for six months. The purpose for the continuance is to provide all parties involved a chance to perhaps come to a hybrid solution and therefore eliminate very costly CEQA litigation. Sincerely, Matt Hall Mayor CC: Scott Chadwick, City Manager Celia Brewer, City Attorney Sheila Cobian, City Clerk Services Manager Office of the Mayor City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2830 t I www.carlsbadca.gov November 13, 2018 Item #8 Page 5 of 18 From: James Petronella Sent: Tuesday, November 6, 2018 10:35:04 AM To: Matthew Hall Subject: Buena Vista Lagoon -asking for 6 month extension from Sandag Dear Mayor Hall, We are trying to get a six month stay so we can negotiate with the wildlife agencies. Below is confirmation from the key property owners from St. Malo and the Beach Assn. Those of us living on the lagoon and at the beach appreciate your help to get this extension. Ditto what John says below. Good luck today! Kind Regards, Jim Petronella -----Original Message----- From: John Tenaglia Sent: Tuesday, November 6, 2018 9:48 AM To: Matthew Hall <matt.hall@carlsbadca.gov>; Chuck Lowery <clowery@ci.oceanside.ca.us> Cc: Stephanie Fox Jim Petronella Paul Alanis >; Daniel Muhe Scott Sterling >; William Carroll Subject: Approval to ask for 6 month extension from Sandag Mayor Hall and Mayor Lowery: Per various emails from Jim Petronella and Dan Muhe all 4 "key property owners" at the lagoon mouth ( St. Malo Association, The Beach Association, Tenaglia family and the Alanis family) have discussed your proposal to ask Sandag's board to extend the upcoming hearing on Nov. 16th for at least 6 months. I have been authorized by my board and the Alanis family to grant approval to go ahead with this extension proposal. You have already heard from Bud Carroll under separate email of his HOA's (The Beach Association) approval as well. We ask however that we receive written confirmation from the Sandag board or an authorized representative ie the Executive Director that they will agree to this 6 month extension as soon as possible and that the Board is willing to discuss in earnest a comprise solution ( whatever that may end up being). This is very important to my board that we have this in writing to show our membership you are acting in good faith. We look forward to hearing from you . Good luck with your elections today ! Sincerely, John Tenaglia St. Malo Association November 13, 2018 Item #8 Page 6 of 18 -----Forwarded Message ----- From: William Carroll To: matt.ha I l@ca rlsbadca .gov <matt. ha ll@carlsbadca.gov> Sent: Monday, November 5, 2018, 5:20:38 PM PST Subject: SanDag Honorable Mayor----Matt Sorry to bother you at this time relative to the Election tomorrow --1 am a supporter of you ---but I uderstand from some members at the Buena Vist Lagoon Foundation that that you would like to hear our Beach Home Owners Associatio opinion relative to a 6 month extension of your San Dag decision on the various Alternatives which we understand your Board is going to make on Nov. 16 I have supplied information to you and your Council that our Association is in favor of the the Fresh Water Alternative. We believe at the Buena Vista Lagoon Tidal reaction is considerably different than any other lagoon in the County. This results in the BV lagoon from becoming merely a narrow stream under ebb tide conditions, with a different free water surface that the other lagoons suffer under ebb tide. I have a whole lot of data and information that shows this. However there is some feeling that the Hybrid "A" Alternative which proposes a weir(dam) at the 1-5 Bridge and maintains fresh water east of 1-5 and allows salt water in the other basins west of 1-5, modifies the picture some what and leads to the conclusion that SanDag shoud postpone their decision on this situation while all the interested parties do some negoiation on possible modifications that will lead to a final satisfactory solution. Our Beach Homeowners Association is in favor of this 6 month postpomement of a San Dag Decision. /Bud Carroll Board Member The Beach Homeowners Association November 13, 2018 Item #8 Page 7 of 18 Buena Vista Lagoon Enhancement Final Environmental Impact Report Presentation to City of Carlsbad November 7, 2017 November 13, 2018 Item #8 Page 8 of 18 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 November 13, 2018 Item #8 Page 9 of 18 Study Area Ownership • I •,, I / I I ' I / I I F~"llR:.J Lind 0n'Jltnh.ip :ind Bound.ui,; ,..-fthi::i Buttu \1~t:. L:."oon. 5 November 13, 2018 Item #8 Page 10 of 18 Environmental Review Process B 151ic ln~ut Scoping u lie ln~ut Vcomplete & Circulate Draft EIR \, ~ \, :-o'~J~·'\' ,: . -;-.:;;; :····/:_-· Pt&blic lnQUt Vcomplete Technical Studies Revise EIR & Post Final EIR 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 o -, ... u .,__., •s--c.-:.o1.1i1on1,..-...(11u1; _,,..."ll_•Tl·-~Flol>A<M(~O,.,.w.,..,J_,...,_.,,~--!!loollNII Qo...,,.ie...,..,; -Q;..,W..(nel,IJ' ~£..,_ C]&o,vo.._..., --Ooul,ISon,a --C-S...11_L_ -~C...S.S.s...t, -~==-~ ............ -......... l'lpu:.., frnmd,hlm:un Mr:wdrtBahiw Dt:rrlhd21 7 Ti:v~: rtgwdfrdmwr \/!rtNTrH>MlH n;,o:m,,;, 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 Kfiyr November 13, 2018 Item #8 Page 11 of 18 Hybrid Alternative Creates new weir under 1-5 Saltwater west of 1-5 and freshwater east of 1-5 Design option for a channel guide Construction: $60 -$67 million Maintenance: $377 -$744 K/yr •i~• .. ts-1 rr.G1t-a1lan:.ndU;..;,,,,11al>i1atDnltil>ulNR.\L.n Q 3o.q,----e,-.:..,--T•) -1'.-u,; ____ ,o;a.._~~---c....--.--- •-a-. ---.... •-e-i---c .... ..,.,..., -"'""-"""'1 -----a.,,.-~ --~---~----"->~S.-----:A-llio -~ --CN,aMl-... <TGJ No Project No enhancement activities Current maintenance activities continue Required by CEQA 9 Elevated Pedestrian Boardwalk F(~--~~ ~; ~,~~ •\· ;.... l - // .,. / .7 , .} -.. __ ;.._:- Included in all alternatives 10 November 13, 2018 Item #8 Page 12 of 18 New Channel Inlet uisting Yitw -Bt:ich. looking north .1t ;h:111ntl mminu~: Saltwater and Hybrid Alternatives Channel Guide Simubtion YitTr-Hybtid .\lrma:.rin (Oprion A). Lookin;:'1orthus1 :if chantl '1Udt ronctpt. Fi;wt~.9-16 ~-Yi~-r S -SimuL1ri.on -Ptdr.him Bridgt ~liri;:ation Fiprt 3.9-15 K,~-'itw 7B-Simulation -Hybrid .-\ltt11L1tin-(Option A} Saltwater and Hybrid Alternatives Design Option 11 12 November 13, 2018 Item #8 Page 13 of 18 EIR Conclusions Environmental Resource Area No Project Land Use and Recreation Hydrology Oceanography/Coastal Processes Water and Aquatic Sediment Quality Biological Resources Geology and Soils Cultural Resources Paleontological Resources Visual Resources Traffic and Circulation Air Quality Global Climate Change, Greenhouse Gas Emissions, and Sea Level Rise Noise Public Services and Utilities Public Health and Safety LE = Lagoon Enhancement MP= Materials Placement L L M L L L L L L L L L M L M L L L L L L L L L L L M L N N M N L M L L M = Significant but mitigable to less than significant impact L = Less than significant impact N = No im~.;i::t N N N N N N N N N ST= Significant temporary unavoidable impact SP= Significant permanent unavoidable impact -= Lagoon enhancement and materials disposal/reuse analyzed together Selection of Proposed Project 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. 14 November 13, 2018 Item #8 Page 14 of 18 KEY CONCERNS RAISED • Clarifying use of alternatives as mitigation • Lateral Access • Inlet Bridge Design and Options • Liability for Property Owners • Funding for construction Clarifying Use as Mitigation for Transportation Projects ..... we would not su.12port using the Freshwater Alternative as mitigation for other projects, nor would we support using grants (e.g., Transnet Net Benefit Funds) for this alternative. United Stated Fish and Wildlife Service EIR Comment Letter ..... 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. 15 California Coastal Commission EIR Comment Letter 16 November 13, 2018 Item #8 Page 15 of 18 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' + Weir Pedestrian Bridge I.xisrillg Panor:una litw, lookin; ~·,sr from lfount:wl Yitw open ~ar,. Hprt3.9-li K,y Yittr 7A. Simubrion. Prd,mi.1n Biidg, lliti;;aritn 18 November 13, 2018 Item #8 Page 16 of 18 Property Owner Liability Online Resources View Final EIR View Public Comments on Oraft EIR and Responses View Construction cost Estimates http://www.keepsandiegomoving.com/BVlagoon 19 20 November 13, 2018 Item #8 Page 17 of 18 ".s,~J(?'}(" ~-· ': Keep .San Diegt:1 Moving -~J'r.!rfiiiJM91f - Next Steps • SAN DAG Board Meeting January 2018 • Obtain policy direction on project and certify EIR • Continue to work as directed 21 November 13, 2018 Item #8 Page 18 of 18 November 13, 2017 San Diego Association of Governments Kim Kawada, Chief Deputy Executive Director 401 B Street, Suite 800 San Diego, CA 92101 Dear Ms. Kawada, Exhibit 3 ( City of Carlsbad The City of Carlsbad is pleased to encourage and support the SANDAG Board of Directors in approving the saltwater alternative as the proposed project for the enhancement of the Buena Vista Lagoon. The proposed project will effectively reverse the ecological decline of this vital natural resource while reducing flood risks and improving water quality. The project will provide enhanced habitat for endangered species while diminishing the lagoon's suitability as a breeding grounds for mosquitos. Finally, the project's consistency with the North Coast Corridor Public Works Plan and eligibility for use as mitigation for regional transportation infrastructure projects make the saltwater alternative the best option for realizing the significant environmental benefits this project will bring to Carlsbad and the greater San Diego region. We thank you for your consideration and leadership in advancing this important project. Sincerely, ti Ma:!!jd/~ Mayor City of Carlsbad City Council City Hall 1200 Ca rlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t Tammy McMinn From: Sent: To: Cc: Subject: Council Internet Email Tuesday, November 13, 2018 9:33 AM City Clerk Jason Haber FW: Council Meeting agenda item #8 Nov. 13th -Buena Vista Lagoon Enhancement City Council Members, This email came into the Council In box yesterday. Since it was a holiday, I am now forwarding the email to you and the City Clerk's office. Andi -----Original Message----- From: Joan Herskowitz Sent: Monday, November 12, 2018 10:52 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Council Meeting agenda item #8 Nov. 13th - Buena Vista Lagoon Enhancement Dear Mayor and Council Members - We strongly object to a delay in the Sandag hearing scheduled for Friday of this week at which time the Sandag Board will select a project Alternative to support. This project has been studied for many years and the Sandag hearing has been delayed many times already. It's time for the Sandag Board to make a decision. We support the Saltwater Alternative which best meets the project objectives, and this is supported by Sandag staff, the three resource agencies, and the Carlsbad Council in a letter unanimously voted on by your members. We feel there is no justification for an eleventh hour delay in the Sandag hearing. We hope you will not vote to request that Sandag delay Friday's hearing. Thank you. Joan Herskowitz Conservation Chair Buena Vista Audubon Society 1 Tammy McMinn From: Council Internet Email Sent: To: Tuesday, November 13, 2018 9:34 AM City Clerk Cc: Jason Haber Subject: FW: Tomorrow's agenda City Council Members, This email came into the Council lnbox yesterday. Since it was a holiday, I am now forwarding the email to you and the City Clerk's office. Andi From: Margie Ellsworth Sent: Monday, November 12, 2018 4:02 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Tomorrow's agenda I have heard that Mayor Hall would like to vote on a request to delay the SAN DAG hearing and vote on the Buena Vista Lagoon this Friday. There have been enough delays and no amount of time will get the St Malo residents to agree to anything. The SAN DAG vote needs to go forward. PLEASE don't let Mayor Hall do this (especially since he waited until after the election to announce this)! Margie Ellsworth Carlsbad resident 1 Tammy McMinn From: Sent: To: Cc: Subject: Council Internet Email Tuesday, November 13, 2018 9:35 AM City Clerk Jason Haber FW: City Council agenda item -delay of Buena Vista Lagoon restoration City Council Members, This email came into the Council lnbox yesterday. Since it was a holiday, I am now forwarding the email to you and the City Clerk's office. Andi From: Brian Petersen Sent: Monday, November 12, 2018 4:35 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: City Council agenda item - delay of Buena Vista Lagoon restoration To whom it may concern, My name is Brian Petersen and I am a member of the Board of Directors for the Buena Vista Audubon Society (BVAS), and a Carlsbad resident. I am writing to express my concern with the announced agenda item for tomorrow's council meeting in which Mayor Hall is seeking a continuance on the SANDAG board's decision for Buena Vista Lagoon restoration project. I believe that continuing to delay the decision is a bad choice that puts the interest of a very small group of homeowners above the benefit of the entire community and local environment. The decision by SAN DAG to implement a strategy for the restoration project has already experienced significant delays - the decision was originally scheduled to be announced almost 11 months ago. In that time, there has been more than enough opportunity for interested parties to express their concerns. I have come under the impression that the tactic of continual delay might in fact be a strategy intended to derail the entire project, since many of the homeowners adjacent to the lagoon have expressed that they would prefer no changes to be made at all. This is, however, not a viable or sustainable option as the lagoon cannot be maintained in its present state due to continual environmental degradation. BVAS, along with many other environmental organizations, agrees that the Saltwater Alternative is the most beneficial choice for a variety of reasons, primarily because it will provide the greatest benefit to the local watershed and support a greater diversity of species. It will also benefit the region in the long-term by providing flood-control and vector control benefits.The arguments against the Saltwater Alternative provided by its opponents are not based in fact and have been refuted comprehensively by our organization. We cannot let the opinions of a few people outweigh the greater good of the community. I encourage the Council to stand by its endorsement of the Saltwater Alternative, and to allow SANDAG to make its decision without further delay. Sincerely, Brian Petersen Buena Vista Audubon Society 1 Tammy McMinn From: Sent: To: Cc: Council Internet Email Tuesday, November 13, 2018 9:35 AM City Clerk Jason Haber Subject: FW: Comments on Agenda item #8 City Council Members, This email came into the Council lnbox last night. Since it was a holiday, I am now forwarding the email to you and the City Clerk's office. Andi From: Natalie Shapiro Sent: Monday, November 12, 2018 8:05 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Comments on Agenda item #8 Dear Council and Mayor Hall- I oppose Mayor Hall's request to ask SAN DAG for a six-month continuance of the BV Lagoon Enhancement Project. SAN DAG is poised to hold a hearing on the FEIR and to certify the preferred alternative -the SW alternative this Friday. There have been enough delays, and SAN DAG has taken extraordinary steps to accommodate concerns from homeowners who live by the lagoon. SAN DAG took the time to review and respond to comments made AFTER the FEIR was produced-this is above and beyond the normal CEQA process. Yet these homeowners still want a delay, claiming there are CEQA violations and that now suddenly they wish to negotiate with F&W in support of the hybrid alternative. If the homeowners thought that there were CEQA problems, why didn't this come up earlier? I understand that there was a closed-door session at the last SAN DAG meeting, where concerns were raised about CEQA litigation should the saltwater alternative be chosen. My question is: on what grounds would a CEQA lawsuit lie? What is the evidence that the alternatives have not been thoroughly examined? if there is no real basis for such a lawsuit, then this is a frivolous lawsuit and would not stand up in court. Further, if there is a discussion on delaying a decision on the Lagoon, then all the stakeholders should be present-that includes BVAS, who has been the voice for the preferred alternative-the saltwater alternative-which best achieves the goals of the lagoon enhancement project. City Council submitted a letter supporting SANDAG's decision to approve the SW alternative a year ago. Shouldn't City Council uphold their own decision? While it is true that the homeowners were not at the meeting at which the letter approval occurred, that should not be the problem of City Council-there was adequate notice of this meeting, and in fact, the spokesperson for the BVLF was present and made a statement. If he knew about the meeting, then the homeowners should have known too. I ask Council to not continue the delay of this important project and to not request that SAN DAG delay it. thank you, Natalie Shapiro Buena Vista Audubon Society Board member & past President 1