HomeMy WebLinkAbout2008-09-02; Agricultural Conversion Mitigation Fee Committee Ad Hoc; ; Report to Committee on Program/Committee Background, History and Operating ProceduresSeptember 2, 2008
Agenda Item #4
CITY OF CARLSBAD
AGRICULTURAL COVNERSION MITIGATION FEE
AD HOC CITIZENS' ADVISORY COMMITTEE
Subject:
Meeting Date:
Report to Committee on Program/Committee
Background, History and Operating Procedures
September 2, 2008 '
The following documents attached to this report are provided to memorialize the history,
background and purpose of the Agricultural Conversion Mitigation Fee Committee and
program:
• Current Committee Membership Roster
• Historical Summary of the Agricultural Conversion Mitigation Fee Program:
Formation and Implementation
• City Council Resolution 2005-242 Creating Committee and Appointing
Membership
• Charge of the Committee'
• Road Map*
• Key Decisions•
• Committee Operating Procedures and Agreements*
• Proposal Solicitation Strategy•
• Proposal Consideration & Process Summary•
• Proposal Evaluation Criteria*
• Proposal Evaluation Form*
Respectfully Submitted,
PLANNING DEPARTMENT
• Note: Document previously provided to and approved by City Council. Council approval of this
document authorizes the Committee to operate and carry out its mandate.
AGRICULTURAL CONVERSION MITIGATION FEE
AD HOC CITIZENS' ADVISORY COMMITTEE
MEMBERSHIP ROSTER
Voting Members:
Ken Alfrey
Julie Baker, Planning Commissioner
Richard Erhardt
Eric Larson, Vice-Chair
Irv Roston
Jackie Stone
Hope Wrisley
Non-Voting Members/Staff:
Scott Donnell, Senior Planner
Kevin Pointer, Associate Planner
Deborah Ruddock or designee, California Coastal Conservancy
Historical Summary of the
Agricultural Conversion Mitigation Fee
Program: Formation and Implementation
Agricultural Subsidy Program -This program was established by the state in 1981
(PRC 30171). According to the program, funds could only be used to subsidize
improvements to agricultural operations. This program was administered by the
Resource Conservation District. All funds within this program were expended and the
program was terminated by state legislation in 1984.
Statutory Agricultural Mitigation Fee Program -This program was established by
state legislation in 1984 (PRC 30171.5) as a replacement for the Agricultural Subsidy
Program. This program consisted of a priority-based list of allowed fund uses based
entirely on environmental resource protection and improvements to coastal access.
Agricultural-based uses of the funds were not specifically included on the list of eligible
projects. Administration of the program was conducted by the Slate Coastal
Conservancy. Enhancement of Baliquitos Lagoon was the first priority of program
implementation which required that 50% of the funds be allocated towards Batiquitos
Lagoon.
Local Agricultural Mitigation Fee Program -This program was established by City
Council Legislation in 1985 through an amendment to the city's Local Coastal Plan. It
also was a priority-based program with Baliquitos Lagoon emphasized the first priority,
however, the requirement to use 50% of the funds on Batiquitos Lagoon was not
included and an agricultural component was added to the list of projects eligible for
funding. The administration of this program was maintained by the Coastal
Conservancy. In 1997, the city requested that the funds and the administration of the
program be turned over to the city. The request was subsequently approved by the
Conservancy.
Amendment to Statutory Fee Program -An amendment was made to PRC 30107 by
stale legislation in 1996. The provisions of this amendment allowed approximately $1
million of the funds in the statutory account to be transferred to a special account to be
used only for projects that assist in preserving the flower fields at Carlsbad Ranch.
Administration of this provision was conducted by the city.
Amendment to Local Fee Program -In 2004 the city approved an amendment to the
Local Coastal Plan that formally designated the city as the administrator of the program;
eliminated the prioritization of eligible projects; revised the list of acceptable fund uses;
deleted Batiquitos Lagoon as the only lagoon eligible to receive funds; deleted reference
to Buena Vista Lagoon Interpretive Center as the only center that could receive funds;
clarified that the acquisition and management of habitat land was an eligible use of the
funds; and specifically clarified that farm worker housing was included in the agricultural
component for the uses of the funds. The amendment also added the requirement for an
advisory committee that would follow City Council approved guidelines to ensure
equitable distribution of funds and stakeholder participation.
Establishment of Agricultural Conversion Mitigation Fee Ad Hoc Citizens'
Advisory Committee -In August 2005, Council created the Agricultural Conversion
Fee Ad Hoc Citizens' Advisory Committee for a four-year term. The fundamental charge
of the Committee is to make recommendations to City Council for funding projects with
monies from the Agricultural Conversion Mitigation Fee fund.
Grant Proposal Solicitation -In May 2006 City Council approved the method by which
the Committee proposes to carry out its mandate, as detailed within the "First Report to
City Council." City Council also authorized the Committee to solicit and evaluate project
proposals for disbursement of the mitigation fee fund. Subsequently, in July 2006, grant
solicitation took place for a 60-day period. During that period, 16 grant proposals were
submitted, which ranged in request from $15,000 to $2 million. Total funds requested
from all grant proposals amounted to approximately $8.4 million.
Grant Recommendation and Approval Process -In November 2006 the Committee
initiated a consideration and evaluation process for the 16 proposals received. In
February 2007, the Committee presented the City Council with a recommendation to
approve grants for nine modified proposals totaling $3,300,500; and indicated interest in
continuing to consider proposals for four additional projects. At that time, the City
Council approved grants for the nine recommended projects and awarded funding in
concurrence with the Committee's recommendation. In April and June 2007 the
Committee continued to discuss four remaining proposals and subsequently returned to
City Council in February 2008 with a recommendation to approve funding requests as
modified for the four remaining projects. At that time, the Council concurred with the
Committee's recommendation and approved grants for the four projects, totaling an
additional $3,267,071 in Agricultural Conversion Mitigation Fee fund encumbrance.
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RESOLUTION NO. 2005-242
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CREATING THE AGRICULTURAL
CONVERSION MITIGATION FEE AD HOC CITIZENS'
ADVISORY COMMITTEE TO A FOUR YEAR LIFE TO MAKE
RECOMMENDATIONS TO THE CITY COUNCIL ON GRANT
PROPOSALS FOR FUNDS FROM THE AGRICULTURAL
CONVERSION MITIGATION FEE FUND, APPOINTING
MEMBERS TO SAID COMMITTEE FOR FOUR-YEAR TERMS,
AND APPROPRIATING OPERATING BUDGETS FROM THE
AGRICULTURAL CONVERSION MITIGATION FEE FUND IN
THE AMOUNTS OF $5,000 FOR THE FIRST YEAR AND $3,000
EACH FOR THE SECOND THROUGH FOURTH YEARS OF THE
COMMITTEE'S LIFE
WHEREAS, the City Council of the City of Carlsbad has created the
Agricultural Conversion Mitigation Fee program and fund, through which coastal agriculture
land may be converted from agricultural land uses to urban uses upon the_ payment of an
agricultural conversion mitigation fee; and
WHEREAS fees in the amount of approximately $6 million have been
collected and deposited into the Agricultural Conversion Mitigation Fee Fund ("Fund") for
use in mitigation projects; and
WHEREAS, on July 6, 2004, the City Council held a duly-noticed public
hearing as prescribed by law to consider zone code amendment ZCA 04-04 and Local ·
Coastal Plan amendment LCPA 03-06 to implement the agricultural conversion mitigation
fee program, and adopted City Council Resolution No. 2004-227 and Ordinance NS-711 to
approve the amendments; and
WHEREAS, on January 13, 2005, the California Coastal Commission held a
duly-noticed public hearing as prescribed by law lo consider the City's Local Coastal
Program Amendment, and approved it subject to the foilowing modifications: distinguishing
the City's program from the state-administrated program, requiring a California Coastal
Conservancy staff member to be part of the Citizens' Advisory Committee, emphasizing the
restoration aspect of coastal and lagoon environments and sandy beaches, and promoting
agricultural lands and activities; and
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WHEREAS, the City Council on April 12, 2005, held a duly noticed public
hearing as prescribed by law to consider the suggested modifications of the California
Coastal Commission and adopted Resolution 2005-105 and Ordinance No. NS 752
adopting said modiflcatlons; and
WHEREAS, at the April 12 public hearing the City Council also considered
staff recommendations regarding the establishment of an ad hoc Citizens' Advisory
Committee whose task would be to solicit proposals for use of the Fund and make
recommendations to the City Council with regard to those proposals;
NOW, THERFORE, the City Council of the City of Carlsbad does hereby
resolve as follows:
1. That the above recitations are true and correct.
2. That there is hereby created an Agricultural Conversion Mitigation Fee Ad
Hoc Advisory Committee whose charge shall be to call for, review, and make
recommendations to the City Council for proposed expenditures from the Fund via the
following powers, duties and responsibilities:
a. The Ad Hoc Advisory Committee shall be appointed by the Mayor
with the advice and recommendations of the City Council and the members shall be
seven citizens of the City of Carlsbad, one member from the City Planning
Commission and six members at large as follows:
1. Eric Larson
2. Irv Roston
3, Ken Alfrey
4. Richard Erhardt
5. Hope Wrisley
6. Julie Nygaard
7. Julie Baker (Planning Commissioner)
b. The Ad Hoc Committee shall exist for a period of four years, or until
all funds are allocated, whichever occurs first, from the date of this resolution and, at
the end of this time period, shall cease to exist unless on or before that expiration
dale the City Council acts by further resolution to renew Its term In either the same
or an amended state. The terms of the Committee members shall be for four years.
Committee members shall serve without compensation.
c. Staff from the California Coastal Conservancy and the City of
Carlsbad shall be ex-officio, non-voting, members of the Committee, and shall
provide support and advice as is appropriate. The Committee shall be given all
reasonable tools, resources, background information, and staff support necessary
for it to accomplish its objectives. A budget not to exceed $5,000 for the first year
and $3,000 for subsequent years is hereby appropriated from the Fund to support
the work of the Ad Hoc Committee.
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d. The Ad Hoc Committee shall select a Chairperson and establish Its
own meeting schedule (in keeping with section "f'), as necessary and appropriate,
to accomplish the work assigned to it by the City Council;
e. The Ad Hoc Committee shall conduct its business in open and public
meetings which shall be subject to the Ralph M. Brown Act ("Act", Gov Code
Sections 54950, et seq.) and shall only meet in closed session upon advice of the
City Attorney In accordance with the Act.
f. The principal charge of the Ad Hoc Committee is to make
recommendations to the City Council for proposed expenditures from the Fund in
keeping with the mandates established by Municipal Code Section 21.202.060,
incorporated herein by reference. The Committee shall report at least twice to the
City Council during its first year. The first report shall be a detailed proposal of how
the Committee would operate to carry out its mandate. The report should discuss
how the committee proposes to solicit expenditure/grant proposals; how it would
operate to make recommendations to the Council, including proposed project/grant
selection criteria and voting procedures; and how it proposes lo draw down on the
Fund balances in the first and subsequent years. The Committee shall then
implement the operating plan approved by the City Council. The second report shall
carry the Ad Hoc Committee's recommendations for initial expenditures from the
Fund. The Ad Hoc Committee shall meet at least twice in each of the second
through fourth years.
g. No member of the Ad Hoc Committee shall participate in discussions
on or cast a vote on expenditure recommendations where he or she is likely to have
a conflict of interest. Members should consult with the City Attorney if they have
reason to believe a conflict will arise.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 2nd day of August, 2005, by the following vote,
to wit:
AYES: Council Members Lewis, Hall, Kulchln, Packard, Slgafoose
NOES: None
ABSENT: None
ATTEST:
CHARGE OF THE COMMITTEE
PER LCPA 03-06(A)/ZCA 04-04(A)
In lieu of the procedures established by subsection b or subsection c of this section,
property may be converted to urban uses upon payment of an agricultural conversion
mitigation fee.
This fee is separate and distinct from the mitigation fee established by Section
301717.5 of the Public Resources Code, which applies to certain properties outside the Mello
I and Mello II segments of the City's Local Coastal Program, is collectea and administered
by the State Coastal Conservancy and has different expenditure priorities.
The amount of the fee shall be determined by the city council at the time it considers
a Coastal Development Permit for urban development of the property. The fee shall not be
less than five thousand dollars nor more than ten thousand dollars per net converted acre of
agricultural land and shall reflect the approximate cost of preserving prime agricultural land
pursuant to subsection B of this section. The fees shall be paid prior to the issuance of
building permits for the project. All mitigation fees collected under this section shall be
deposited in the City of Carlsbad LCP Agricultural Mitigation Fees Fund and shall be
expended by the City of Carlsbad subject to the recommendations of an advisory committee
to be established by City Council action. The advisory committee shall have city and Coastal
Conservancy staff and community representation. The intent is not to establish priorities for
Program use, but rather to promote equitable distribution amongst the allowable uses
outlined below. The advisory committee may also develop policies or procedures for the
review of requests and the allocation of funds. The allowable uses for the Agricultural
Mitigation fees are:
a. Restoration of the coastal and lagoon environment including but not limited to
acquisition, management and/or restoration involving wildlife habitat or open ·
space preservation.
b. Purchase and improvement of agricultural lands for continued agricultural
production, or for the provision of research activities or ancillary uses
necessary for the continued production of agriculture and/or aquaculture in the
City's Coastal Zone, including but not limited to, farm worker housing.
c. Restoration of beaches for public use including but not limited to: local and
regional sand replenishment programs, vertical and lateral beach access
improvements, trails, and other beach-related improvements that enhance
accessibility, and/or public use of beaches.
d. Improvements to existing or proposed lagoon nature centers.
CITY OF CARLSBAD
AGRICULTURAL CONVERSION MITIGATION FEE
AD HOC CITIZENS ADVISORY COMMITTEE
ROADMAP
Principal Charge of Committee: To make recommendations to the City Council for proposed expenditures
from the [Agricultural Conversion Mitigation Fee) Fund in keeping with the mandates established by
Municipal Code Section 21.202.060.
Committee Responsibilities to City Council during first year: To report to the City Council at least twice
during its first year.
FIRST REPORT TO CITY COUNCIL: A detailed proposal of how the Committee would operate
to carry out its mandate. Report should discuss how the Committee proposes to solicit expenditure/grant
proposals; how it would operate to make recommendations to the Council, including proposed project/grant
selection criteria and voting procedures; and how it proposes to draw down on the Fund balances in the first
and subsequent years. Tasks to complete First Council Report:
• Determine how Committee will operate.
• Determine how decisions will be made.
• Elect a Chairperson and Vice-Chair.
• Establish a meeting schedule.
• Agree upon role of Committee members.
• Establish criteria by which project proposals will be evaluated.
• Create project application, information, and evaluation forms.
• Perform test run of forms.
• Determine how funds will be drawn down.
• Determine how project proposals will be solicited.
• Identify how project proposals will be presented to Committee.
• Identify how Committee will operate to make recommendations on individual projects.
• Prepare draft Council report.
• Review and comment on draft report.
• Finalize report.
• Schedule report for City Council meeting.
SECOND REPORT TO CITY COUNCIL: Shall carry the Ad Hoc Committee's
recommendations for initial expenditures from the Fund. Tasks to complete Second Council Report:
• Solicit project proposals.
• Schedule/Hold workshops {2) for applicants (if needed).
• Evaluate forms after first set of projects.
• Evaluate project proposals.
• Recommend projects for initial expenditures from the Fund.
• Prepare draft of report.
• Review and comment on draft report.
• Finalize report.
• Schedule report for City Council meeting.
CITY OF CARLSBAD
AGRICULTURAL CONVERSION MITIGATION FEE
AD HOC CITIZENS ADVISORY COMMITTEE
KEY DECISIONS
PROJECT ELIGIBILITY -COAST AL/NON-COASTAL LOCATIONS
It is not required that proposed projects be located within the Coastal Zone; projects
proposed to be located outside of the Coastal Zone will be considered; however, all
projects (inside or outside of the Coastal Zone) must benefit the Coastal Zoue.
"EQUITABLE" DISTRIBUTION OF FUNDS
The Committee will promote the equitable distribution of the grant funds available by ensuring
that all potential applicants have a fair and equal opportunity to apply for the funds. This
docs not mean that the total funds available will be divided equally among the four
categories of eligible projects. However, the Committee intends to award funds to projects
in each of the four categories if at all possible.
DRA \V-DOWN OF FUNDS
The Committee will not specifically "hold back" funds for future awards, nor will it target a
specific amount of funds to be spent in the first year. The Committee will draw down funds
based solely upon the merit of the projects proposed. All project proposals will be evaluated on
their own merits and funds will be spent as merited by proposed projects. The Committee
believes that sufficient eligible and meritorious project proposals will be received to justify
expenditure of all available funds before the Committee sunsets (four years from August 2, 2005),
if not sooner.
CITY OF CARLSBAD
AGRICULTURAL CONVERSION MITIGATION FEE
AD HOC CITIZENS ADVISORY COMMITTEE
COMMITTEE OPERA TING PROCEDURES & AGREEMENTS
Ground Rules
• Remember that the Committee's work is a public process
• Be present
• Respect one another's opinions
• Listen actively
• Ask questions when you have them
• Participate
• Practice Skillful Conversation
• Speak your mind
• We will disclose our "special interests" to one another as appropriate to topics under discussion.
• All member requests for information from staff not rendered during the meeting will be routed
through the chairperson ·
• Speak up in order to be heard
• Speak up (or signal) if you did not hear clearly something that was said.
Committee Procedures
• Chair leads the meeting; facilitator leads discussions
• Minutes and Charted Notes are kept as part of the Committee's records
• Annual reevaluation of process
• Committee members will not participate in project proposal presentations and will abstain from
voting on projects for which they have a conflict of interest pursuant to Chapter 1.14 of the
Carlsbad Municipal Code.
Decision-making Process
• Plan A: Consensus (Preferred)
• Plan B: If consensus cannot be achieved after an earnest effort has been made, the question will
be decided by simple majority vote with the minority opinion noted and reported.
Guidelines for Public Comment
• In general, members of the public wishing to present comments for the Committee's
consideration will be given an opportunity to do so at the end of meetings.
• Public comments will be limited to three minutes for each person, and 15 minutes for each topic
• These guidelines will be adjusted as appropriate for different meeting purposes (e.g. grant
proposal presentations)
• The public comment time limitation of three minutes per speaker may be extended at the
discretion of the chairperson.
CITY OF CARLSBAD
AGRICULTURAL CONVERSION MITIGATION FEE
AD HOC CITIZENS ADVISORY COMMITTEE
PROPOSAL SOLICITATION STRATEGY
OBJECTIVE:
To ensure that availability of grant funds is known throughout the community and among those
organizations and individuals who might wish to apply.
METHODS:
• Editorial Boards
• News Releases
• Solicit feature coverage in newspapers
• OpEd (i.e., a letter from the Mayor on behalf of the City Council)
• Posters in public facilities (e.g., libraries; City Hall; Faraday building; other?)
• Posting on City's web page with grant program info and staff contact info
• Mailings to those known to be interested
o List of individuals with potential interest (list must be created)
o List of organizations with potential interest (list must be created)
o Other public agencies
o Downtown Merchants Assn.
o Chamber of Commerce
o Carlsbad Convention and Visitors Bureau
• Newspaper advertisements
o North County Times
o Union-Tribune-North County edition
o CoastNews
o Chamber of Commerce Newsletter
• Other?
• Insert notification in water bills
Factors to Consider
• Time constraints
• Budget/Costs
Tentative Timetable
Council Approval of Committee Procedures, Criteria, etc.
Public Notification Process
Proposal Preparation Workshop(s)
Deadline for Proposal Submittal
Committee Review Process
Preparation of Agenda Bill (Grant Awards Recommendations)
Presentation to Council
Early May 2006
Early June 2006
Late June 2006
July 31, 2006
August -September 2006
October 2006 (or sooner)
November 2006 (or sooner)
CITY OF CARLSBAD
AGRICULTURAL CONVERSION MITIGATION FEE
AD HOC CITIZENS ADVISORY COMMITTEE
PROPOSAL CONSIDERATION & PROCESS SUMMARY
PROPOSALS THE COMMITTEE WILL CONSIDER
• Projects (i.e., not on-going programs)
• Projects which have not been completed by the date that City Council approves the Committee's
procedures and application consideration process (i.e., no reimbursement for previously
completed projects)
• Proposals from all types of organizations and individuals
• Grants -outright and/or matching -but not loans
• Requests for a minimum of$2,500.00 (nothing less than $2,500.00)
EQUITABLE DISTRIBUTION OF FUNDS
The Committee will promote the equitable distribution of the grant funds available by ensuring that all
potential applicants have a fair and equal opportunity to apply for the funds. This does not mean that the
total funds available will be divided equally among the four categories of eligible projects. However, the
Committee intends to award funds to projects in each of the four categories if at all possible.
DRAW DOWN OF FUNDS
The Committee will not specifically "hold back" funds for future awards, nor will it target a specific
amount of funds to be spent in the first year. The Committee will draw down funds based solely upon the
merit of the projects proposed. All project proposals will be evaluated on their own merits and funds will
be spent as merited by proposed projects. The Committee believes that sufficient eligible and meritorious
project proposals will be received to justify expenditure of all available funds before the Committee
sunsets (four years from August 2, 2005), if not sooner.
PROCESS
• Proposal review: paper process and possible presentation opportunities (at request of Committee)
• Establish City staff contact(s) for applicant info/assistance and application form
• Opportunity for applicants' feedback on process, forms, etc.
ELIGIBILITY REQUIREMENT
Applications must implement the Charge of the Committee (i.e. involve one of the four eligible types of
uses) in order to be eligible for funding. Should there be disagreement regarding whether a proposal is
eligible for funding (i.e., whether the project implements one of the four categories of projects), the
Committee will first seek consensus and, if that fails, will vote on the matter.
CITY OF CARLSBAD
AGRICULTURAL CONVERSION MITIGATION FEE
AD HOC CITIZENS ADVISORY COMMITTEE
PROPOSAL EVALUATION CRITERIA
Project Criteria
• Extent to which proposal fulfills eligibility category
• Line-of-sight relationship with concrete outcome(s)
• Benefit to Carlsbad residents
• Honors the history of Carlsbad
• Employs creativity (of project or process)
• Multiple or long-lasting or wide-spread benefits
Project Feasibility and Planning Criteria
• Feasibility of project achievement (i.e., Can project be accomplished?)
o Can permits/approvals be obtained?
• Implementation plan
o Measurable milestones/Identification of tracking measures
o Reasonable time frame
o Responsible parties identified
Applicant Criteria
• Ability of project applicant to do what is proposed
o Applicant's experience implementing other projects
o Applicant's previous experience obtaining and using funding (for other projects)
Financial Resources/Budget Criteria
• Fiscal resources to do what is proposed
o Project budget
o How requested funding will be used
o Other/Additional funding already secured for project (if any)
o Other potential funding sources for project (potential matching funds)
o Applicant's experience obtaining and using funding (for this project}
o Financial condition oforganization (if applicable)
AGRICULTURAL CONVERSION MITIGATION FEE GRANT
PROPOSAL EVALUATION FORM
PROJECT NO: ______________ _
PROJECT NAME: _____________ _
Rating Scale:
Not Applicable= 0 Poor= 1 Acceptable= 2 Good= 3 Strong= 4 Exceptional= 5
Is proposed project eligible for funding? Yes ___ No ___ _
Eligibility Category: ______________________ _
Proiect Score
Project/Program Criteria:
Implementation of eligibility category
Concrete outcome(s)
Benefit to Carlsbad residents
Honor history of Carlsbad
Creativity ( of project or process)
Multiple, or long-lasting, or wide-spread benefits
Feasability/Planning Criteria:
Feasibility of project achievement: Permits/Approvals obtainable?
Implementation Plan: Measurable Milestones? Tracking Measures?
Implementation Plan: Time Frame?
Responsible parties identified?
Applicant Criteria:
Ability to do project? Experience with other projects?
Ability to do project? Experience with using funding for other projects?
Fiscal/Budget Criteria:
Project budget
Use ofrequested funds
Other funding? (if any) ,
Other potential funding?
Fiscal stability of org'n (if applicable)
TOTALSCORE