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HomeMy WebLinkAbout2020-05-12; City Council; ; Buena Vista Lagoon Enhancement Project Update and Resolution~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: May 12, 2020 Mayor and City Council Scott Chadwick, City Manager Jason Haber, Intergovernmental Affairs Director jason.haber@carlsbadca.gov, 760-434-2958 CA Review CKM Subject: Buena Vista Lagoon Enhancement Project Update and Resolution Recommended Action Receive a presentation from the San Diego Association of Governments regarding the Buena Vista Lagoon Enhancement Project status, and adopt a resolution approving a letter of support to the SAN DAG Board of Directors for selection of the modified saltwater alternative and authorizing the city manager to negotiate a project agreement with SAN DAG, the City of Oceanside, the California Department of Fish and Wildlife and certain property owners for future approval by the City Council. Executive Summary SAN DAG has completed the final environmental impact report for the Buena Vista Lagoon Enhancement Project. SAN DAG representatives will present an overview of the project alternatives they considered (freshwater, saltwater, hybrid, modified saltwater and no project), the reasons for identifying the modified saltwater alternative as the proposed project, and the recommended approach and next steps to advance the project. A resolution is presented to approve a letter of support for SANDAG's selection of the modified saltwater alternative and to authorize the negotiation of a project agreement for future approval by the City Council. Discussion The Buena Vista Lagoon is a freshwater lagoon located along Carlsbad's northern city limit. The lagoon encompasses about 220 acres, extending from the coastline to 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 tried to reach consensus on how to reverse this decline through a large-scale enhancement effort. The Buena Vista Lagoon Enhancement Project includes engineering studies and the preparation of an Environmental Impact Report to analyze possible approaches to the enhancement of the lagoon. In November 2018, the project's final environmental impact report was presented to the SAN DAG Board of Directors for certification. At the request of the City of Carlsbad, the Board approved a motion to delay any action on the project for six months to allow residents to reach May 12, 2020 Item #5 Page 1 of 5 a consensus on the enhancement efforts. The proposed modified saltwater alternative represents the result of this effort. SANDAG has completed its engineering and environmental analyses, which can be found on the agency's website along with the final environmental impact report at keepsandiegomoving.com/buena_vista_lagoon_intro.aspx. On May 22, 2020, the SAN DAG Board of Directors is expected to consider approving the modified saltwater alternative as the proposed project and to certify the final environmental impact report. SAN DAG staff recommends that the board approve the alternative and the report, but with the condition that a master agreement be reached among certain property owners, the cities of Carlsbad and Oceanside, the California Department of Fish and Wildlife and SAN DAG before the final engineering work begins. This agreement would identify agreed upon terms, relinquish all prior easements and replace them with new easements prior to construction bid at no cost. Fiscal Analysis There is no direct fiscal impact to the city in receiving this report or in adopting the proposed resolution. Next Steps The SAN DAG Board of Directors will consider approving the modified saltwater alternative as the project and certifying the final environmental impact report on May 22, 2020. Upon City Council approval, staff will submit a letter of support for the modified saltwater alternative and negotiate a project agreement with SAN DAG, the City of Oceanside, the California Department of Fish and Wildlife and certain property owners for future approval by the City Council. Environmental Evaluation (CEQA) Pursuant to Public Resources Code Section 21065, this action of receiving an update on the Buena Vista Lagoon Enhancement Project does not constitute a "project" within the meaning of the California Environmental Quality Act in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date. Exhibits 1. City Council resolution May 12, 2020 Item #5 Page 2 of 5 RESOLUTION NO. 2020-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LETTER OF SUPPORT TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS BOARD OF DIRECTORS FOR SELECTION OF THE BUENA VISTA LAGOON ENHANCEMENT PROJECT MODIFIED SALTWATER ALTERNATIVE AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROJECT AGREEMENT WITH SANDAG, THE CITY OF OCEANSIDE, THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE AND CERTAIN PROPERTY OWNERS FOR APPROVAL BY THE CITY COUNCIL Exhibit 1 WHEREAS, the Buena Vista Lagoon is a freshwater lagoon located along Carlsbad's northern city limit; and WHEREAS, the San Diego Association of Governments (SANDAG) has determined that the Buena Vista Lagoon is in a state of biological decline and has conducted engineering studies and prepared an environmental impact report to analyze possible approaches to the enhancement of the lagoon; and WHEREAS, on May 22, 2020, the SAN DAG Board of Directors is expected to consider approving the modified saltwater alternative as the proposed Buena Vista Lagoon Enhancement Project and certifying the project's final environmental impact report; and WHEREAS, the modified saltwater alternative is the result of a collaborative consensus-building effort among SANDAG, the cities of Carlsbad and Oceanside, the California Department of Fish and Wildlife and certain property owners; and WHEREAS, SAN DAG staff recommends that SANDAG's approval of the modified saltwater alternative be conditioned to require that a project agreement be negotiated among SAN DAG, the cities of Carlsbad and Oceanside, the California Department of Fish and Wildlife and certain property owners before final engineering of the project begins, and WHEREAS, the City Council of the City of Carlsbad, California has determined that SANDAG's approval and implementation of the Buena Vista Lagoon Enhancement Project modified saltwater alternative is in the best interest of the City of Carlsbad. 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. May 12, 2020 Item #5 Page 3 of 5 2. That the Mayor is authorized to sign and submit the letter of support provided in Attachment A to this Resolution. 3. That the City Manager is authorized to negotiate a project agreement for the Buena Vista Lagoon Enhancement Project modified saltwater alternative with SANDAG, the City of Oceanside, the California Department of Fish and Wildlife and certain property owners for future approval by the City Council. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of May 2020, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher. None. None. MATT HALL, Mayor (SEAL) May 12, 2020 Item #5 Page 4 of 5 May 12, 2020 San Diego Association of Governments Hasan lkhrata, Executive Director 401 B Street, Suite 800 San Diego, CA 92101 Dear Mr. lkhrata, Attachment A {city of Carlsbad The City of Carlsbad is pleased to encourage and support the SANDAG Board of Directors in approving the modified 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, as the result of a collaborative effort among project stakeholders, and given the project's consistency with the North Coast Corridor Public Works Plan and eligibility for use as mitigation for regional transportation infrastructure projects, the modified saltwater alternative is 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, Matt Hall Mayor City of Carlsbad City Council City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t May 12, 2020 Item #5 Page 5 of 5 Sheila Cobian From: Sent: To: Subject: Tuesday, May 12, 2020 9:54 AM City Clerk· Fwd: Council meeting of May 12 Sent: Tue, May 12, 2020 9:47 am Subject: Council meeting of May 12 I would like the following read into the minutes of today's council meeting on an item concerning Buena Vista Lagoon. I am Allan Wanamaker I live at Jefferson Street, Carlsbad. I am against any salt water or mixed regime for the lagoon. I believe it should remain fresh water, as it is now. BV Lagoon is unique as a fresh water regime, supporting wildlife dependent on it. I believe major siltation will occur at the choke points if the mouth of the lagoon is opened, and constant maintenance will be required to maintain a mixed regime. I think this enhancement project is a horrendous waste of our money. Several lower cost alternatives are available, saving many millions of our dollars. Thank you for your consideration. Allan J. Wanamaker !CAUTION: Do not open attachments or click on links unless you recognize the sender and know the contend lis safe.I 1 Buena Vista Lagoon Enhancement Project Update and Resolution Jason Haber, Intergovernmental Affairs Director May 12, 2020 Recommended Action •Receive a presentation from SANDAG •Adopt a resolution –Approving letter of support for the modified saltwater project alternative –Authorizing city manager to negotiate a project agreement for Council approval 2 Background •Nov. 2017 –City Council support for saltwater project alternative •Nov. 2018 –City Council continuance request to SANDAG Board –Allow stakeholders to develop hybrid •May 2020 –modified saltwater alternative 3 4 Carlsbad City Council|May 12, 2020 Buena Vista Lagoon Enhancement Program Why does LagoonNeed Enhancement? 5 “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) 5 6 Location & Ownership 4 f r f .; ' I -., , ' 8 Weir Beach Inlet 8 Existing Easements 4 1 inch = 60 feet 0 30 60 Assessors Parcel lines are approlci1113te 180 240 Feel Assessors Parcels ~ Municipal Boundaries 67-037658 EJ 71-184384 and 71-184385 Parcel 2 71-184384 and 71-184385 Parcel 3 EZ2J 72-156539 Parcel 2 ~ 72-156539 Parcel 3 10 Prior Alternatives No Project Alternative Freshwater Saltwater □$1!.l:lfArU e.,~ -SOUl!ltlnC~SMM¥5JINIIJll('tlcUIIJ ••-AW119~Tr31-Sutl:IO.llflUIArH(~OptnW11'f)-SatlllltcnCoam!SIIIMMMl(NOnTIIUI} ~CllrMICrolalg -OplnWl:ti(TlcYIJ ~,--□l!lrld9t~ -1,1\ldbl co.;aSMMMI./ILOW -=:=:.S.SauO Sols:!IMICOIIUISMJUnl\Mld -~ CJ SUl)'NH IIHCII -flNll•'ll«H.itul.Tr-aJDnZ- -•-flll1ll9A00tMTr31 -$UbCXUll'UIIAa1(oe.pe,OpenWz.r) -SCWWfflW.WSCIUD ~CNrvltl~ -Optfl~(frK/IJ ~,-- -SOW\e'l'ICOJl6Ql~M.,M(NOflTUJ c.oaui::c,u, ~a'ICIV~flW.-1»1~ -Dltgll'ICO.-UIS,qSCND rlZZJ Pfopowcl~IUl~ArH -~ 0 !11.q'NN lleZft -$CUNm~Salr.Q$11(NCl'lltQI) _ ---...,..~11.11-~,..,...-,.~~w., Qllll,ll-~,...,_.IM1'! ~~~ IINntl!dTdalAlu r2'2J~QQl---o tmgt~ -~wa(TkQI) -~Wto.'SICl'IO -(lllll~(,,.,.. ...... ~ =~CmlbfSa!Mmlllaw .::SqSICl'IO ~CQaUsatMll'IIIMd -~ -:lDlhfflCmlbfS..MIM"'1'1(Tm) 11 Modified Saltwater c:]Swciy,ViN 8eac:h -$o1.AhomContaJS.ll~H1gh(TIClo1I) ••-....,,rgAec;_T .... S.bbololF ... m,(DMpo,Oponw.to,) -So.:h,..,Coo ... lS.IMnh(NonrodJO R•nic:=~Td.aiAl-9-a -Ope•W.t« (Tld&n --at Southern Coa&.:il Salt Ma~ Low Scuthem C-oaiUl Salt Ma1511 Mid Ro;an;iin f;nha"l(:arr.,t CoettalSCtul> • OleQ,n eoo.... Soli• 5<:nA> Charnel Oulde -u""'nllle,,oloped 12 eBLAST February 2020 Buena Vista Lagoon Enhancement Program Project Update The San Diego Association of Governments (SAN DAG) was asked by the cities of Carlsbad and Oceanside to take over as the lead agency in preparing an environmental impact report (EIR) for the Buena Vista Lagoon Enhancement project (in accordance with the California Environmental Quality Act). Buena Vista Lagoon Enhancement TransNet Home Introduction Subscribe for Updates Engineering Analysis }+----.................... ............ Environmental Analysis Updated Cost Estimates Buena Vista Lagoon Enhancement Project Final EIR Cover and Title Changes Made to EIR Table of Contents Executive Summary Chapter 1: Introduction Chapter 2: Description of Project Alternatives Chapter 3: Environmental Analysis 3.1: Land Use/Recreation 3.2: Hydrology 3.3: Oceanography/Coastal Processes 3.4: Water and Aquatic Sediment Quality 3.5: Biological Resources 3.6: Geology and Soils 3.7: Cultural Resources 3.8: Paleontological Resources 3.9: Visual Resources Summary of EIR Conclusions (Including Environmental Analysis for Modified Saltwater) P = Significant permanent unavoidable impact T = Significant temporary unavoidable impact M = Significant but mitigated to less than significant impact 13 Environmental Resource No Project Freshwater Saltwater Hybrid Modified Air Quality T T T T Biological Resources P T T T T Cultural Resources M M M M Hydrology P Land Use and Recreation M M M Noise T T T T Paleontological Resources M M M M Public Health and Safety P P P P Traffic and Circulation T T T Visual Resources T P P P Water Quality P M M M M ===-===-- 0 100 200 300 400 500 Comparison of Benefits: More is Good More is Bad 0 1 2 3 4 5 6 5.5 Saltwater 4.1 Hybrid 1.7 Freshwater 0 No Project Average FloodReduction (ft) 433 Saltwater 282 Hybrid 238 No Project Endangered Species Habitat (ac) 0 10 20 30 40 50 60 70 80 90 100 2 Saltwater 11 Hybrid 87 Freshwater 50 No Project Stagnant Water(days in the lagoon) 0 10 20 30 40 50 60 70 80 90 100 0 Saltwater 41 Hybrid 58 Freshwater 96 No Project Habitat of Vector Mosquitos (ac) 14 392 Modified 0 Modified2.2 Modified5.5 Modified 237 Freshwater Recommended Approach 1.Certify EIR to lock in Modified Saltwater project 2.Condition approval to enter into Master Agreement prior to final engineering that does following: –Identifies agreed upon terms –Relinquish all prior easements and replaces new easements prior to construction bid –Replacement easement(s) will be provided at no cost and avoid using eminent domain –Master Agreement to sign by owners of property, Cities of Carlsbad and Oceanside, CDFW and SANDAG 15 NEXT STEPS Certification of EIR Seek Funding for Final Engineering Enter into Master Agreement Conservation Easements Start Construction 16 1 2 3 4 5 Questions? 17 Buena Vista Lagoon Enhancement Recommended Action •Receive a presentation from SANDAG •Adopt a resolution –Approving letter of support for the modified saltwater project alternative –Authorizing city manager to negotiate a project agreement for Council approval 18