HomeMy WebLinkAbout2008-09-02; Agricultural Conversion Mitigation Fee Committee Ad Hoc; ; Report to Committee on Status of Projects Awarded with Grant FundingSubject:
Meeting Date:
September 2, 2008
Agenda Item #5
CITY OF CARLSBAD
AGRICULTURAL CONVERSION MITIGATION FEE
AD HOC CITIZENS' ADVISORY COMMITTEE
Report to Committee on Status of Projects Awarded with
Grant Funding
September 2, 2008
Between February 2007 and February 2008, City Council approved the allocation of
grant funds totaling $6,567,571 from the Agricultural Conversion Mitigation Fee fund to
support the implementation of 13 projects. Of the total encumbered amount, the City
has disbursed $1,310,995 from the Agricultural Conversion Mitigation Fee fund in
accordance with conditions and requirements established through the letters of
agreement signed by the Mayor and grant recipients. Of the 13 projects, funding
encumbrances for four projects have been fully expended for project impleme·ntation. A
summary breakdown of funding encumbrance and disbursement totals for approved
grant projects has been attached to this report as Exhibit 1. Additionally attached to this
report are select status updates on individual projects (Exhibit 2), which staff requested
all grant recipients prepare and submit. At the time of preparation of this report, staff
had not received a status update from the grantee of the Audubon Nature Center project
(AGP 06-02). With the exception of the status update on the Carlsbad Beach
Nourishment project dated June 17, 2008, staff has not had the opportunity to review
and verify the accuracy of information contained within individual status updates
provided by grantees. To supplement the information provided by individual grantees,
staff provides the following project status information:
AGP 06-02-Audubon Nature Center
All $15,000 of awarded grant funds were disbursed in December 2007 to the Buena
Vista Audubon Society for project implementation.
AGP 06-03-Batiguitos Lagoon Foundation Nature Center Improvements
$88,000 of the encumbered $180,732 was disbursed to the Batiquitos Lagoon
Foundation in May 2008 for project implementation. $92,732 of encumbered funding
remains available for disbursement to the grantee for project implementation.
AGP 06-04-Buena Vista Lagoon Boardwalk
None of the $164,000 has been disbursed to the Buena Vista Lagoon Foundation for
project implementation.
AGP 06-05-Cymbidium Project
$310,500 of the encumbered $316,500 was disbursed to CB Ranch Enterprises in
August 2007 for project implementation. $6,000 of encumbered funding remains
available for disbursement to the grantee for project implementation.
AGP 06-06-Multi-Use Barn
All $230,000 encumbered for this project was disbursed to CB Ranch Enterprises in
October 2007 for project implementation.
AGP 06-07-Permeable Paving Project
All $297,000 of awarded grant funds were disbursed to CB Ranch Enterprises in July
2007 for project implementation.
AGP 06-08-Drainage Improvements Project
All $230,000 of the grant monies awarded for this project have been disbursed to the
grantee in August 2007 for project implementation.
AGP 06-09-Soil Amendment Project
$39,000 of the encumbered $159,000 was disbursed to the CB Ranch Enterprises in
July 2007 for implementation of Year 1 soil amendments, which are part of the approved
five-year program. $120,000 of encumbered funding remains available for disbursement
to the grantee for implementation of soil amendments for years 2 through 5.
AGP 06-10-Carlsbad Beach Nourishment
Per City Council Resolution No. 2007-288, the City Council approved two specific
actions. The first was to execute a Memorandum of Understanding with· SANDAG
agreeing to fund the city's share of the preliminary engineering and environmental
assessment for the next Regional Beach Sand Project. Accordingly, the City Council
authorized the use of $74,500 from the approved $1,500,000 in Agriculture Conversion
Mitigation Funds. The second action was to include SANDAG as a regional partner to
the Agriculture Conversion Mitigation Fee Program for the Carlsbad Beach Nourishment
Project. This partnership was recommended since it was determined to be economically
beneficial to join the region-wide beach nourishment effort rather than continue to pursue
the Carlsbad Beach Nourishment Project as a local project only, which was originally
reviewed and recommended for approval by the Committee. In June 2008, the city
disbursed $74,500 to SANDAG on behalf of the City of Carlsbad leaving a grant fund
balance of $1,425,500 for future project tasks.
In addition to the information provided within the attached June 17, 2008 memo, staff
notes SANDAG representatives have utilized funds to sign a contract with the consultant
firm of Moffatt and Nichols Engineers. The first phase includes the preparation of a
preliminary engineering study, preliminary environmental review and a preliminary
evaluation of a sand retention reef. Moffatt and Nichols is expected to complete the
preliminary studies in early 2009. After completion of these tasks, SAN DAG and the City
will be more capable of assessing future funding project costs and respective prorated
share for Carlsbad. Tentative scheduling of subsequent pre-construction tasks includes
an Environmental Impact Report (EIR), securing resource agency approvals, and the
preparation of a final engineering plans and construction bid documents. The next
Regional Beach Sand Project is expected to be implemented in 2010/2011.
AGP 06-12-Batiquitos Lagoon Monitoring/Management Plan
$780,589 has been encumbered from the Agricultural Conversion Mitigation Fee fund
with a stipulation that the City only release $74,995 to fund the following two Monitoring
and Management Plan Program activities: 1) collect and report on bathymetric and tidal
data; and, 2) implement maintenance activities (e.g., plant removal and restoration) over
a six year period. In February 2008 Council deferred funding the remaining balance of
the grantee's request ($705,594) for approximately nine months, with anticipation of
achieving the following objectives during that time period:
• Identify the California Department of Fish and Game's (DFG's) stewardship
responsibilities and capabilities;
• Assess the current health of the lagoon; and,
• Possibly identify any needed actions.
If the above-listed objectives are not achieved within that time frame which is scheduled
to lapse around the time period of November 19, 2008, funding may be awarded,
reprogrammed or deferred again after review and recommendation by the Committee, if
necessary, and after determination by City Council.
Of the $74,995 of encumbered/approved funding earmarked to implement the first phase
of the project, only $23,995 was disbursed to the Batiquitos Lagoon Foundation . Of the
funds allocated for phase one implementation, $51,000 remains available for
disbursement. Since funding for this grant proposal was encumbered, staff has not
maintained conversation with DFG. It was anticipated that during the nine-month
deferment period, the City would have received results/reporting from the required 10-
year monitoring program which was required as part of the original 1997 lagoon
restoration project. Contents of this document were anticipated to frame discussion and
assessment necessary to address the above-listed objectives. To date, this document
has not yet been finalized and submitted to the City. As a result, the Committee may
wish to consider recommending that the City Council, award, reprogram or again defer
funding originally encumbered for implementation of the project.
AGP 06-13-Agua Hedionda Lagoon Trails (Improvement or Construction?)
None of the $305,750 has been disbursed to the Agua Hedionda Lagoon Foundation for
project implementation.
AGP 06-15-Discovery Center Improvements
None of the $386,000 has been disbursed to the Agua Hedionda Lagoon Foundation for
project implementation.
AGP 06-16-La Posada Farmworker Housing
Although $2,000,000 was originally encumbered, only $108,500 was authorized for
funding to support preparation of plans and studies so that project costs may be
accurately determined and reported to the Committee at a future date. None of the
$108,500 has been disbursed to the grantee to proceed with design work; thus, staff
does not have enough information to provide the Committee with an accurate projection
of future project costs.
Respectfully Submitted,
PLANNING DEPARTMENT
Exhibits:
1. Breakdown of Encumbrance and Disbursement Totals for Approved Projects
2. Select Status Updates Provided by Grantees
PROJECT NUMBER .. AGP 06-02 AGP 06-03 AGP 06-04 AGP 06-05 AGP06-06 AGP 06-07 AGP 06-08 AGP 06-09 AGP06-10 CITY COUNCIL APPROVED AGRICULTURAL CONVERSION MITIGATION FEE PROJECTS: Breakdown of Encumbrance and Disbursement Totals for Approved Projects , . ELIGIBILITY • PROPOSAL NAME PROPOSAL. APPLICANT 1 FUNDING·· . FUNDING ENCUMBERED. . •CAT!.y····· .. •. DESCRIPTION . APPROVED DISBURSED. · .... FUNDING 1.-_-·_-,-.:_:·__ <i :=-... -> .·' ,' . ___ ; .. :--. . " _,, ,_ .. . _:·-_ ...... : . • ... · .. A \I .All.:ABLE D Audubon Nature Center Interior Buena Vista $15,000 $15,000 $0.00 improvements to Audubon Nature Center Society classroom D BLF Nature Center Nature Center Batiquitos $180,732 $88,000 $92,732 Improvements replacement and Lagoon improvements Foundation C&D Buena Vista Lagoon Engineering design Buena Vista $164,000 $0.00 $164,000 Boardwalk and environmental Lagoon studies for a Foundation boardwalk B Cymbidium Project Greenhouse,shade CB Ranch $316,500 $310,500 $6,000 structure, and related Enterprises infrastructure for orchid production B Multi-Use Barn Barn for off-season CB Ranch $233,000 $233,000 $0.00 equipment storage Enterprises and seasonal displays and presentations B Permeable Paving Permanent semi-CB Ranch $297,000 $297,000 $0.00 Project permeable road Enterprises surface for Flower Fields circulation B Drainage Improvements Permanent drainage CB Ranch $230,000 $230,000 $0.00 Project system to reduce Enterprises ' erosion and soil loss B Soil Amendment Project 5-year program of CB Ranch $159,000 $39,000 $120,000 soil amendment to Enterprises improve soil structure and long-term productivity of Flower Fields C Carlsbad Beach Nourishment of two City of $1,500,000 $74,500 $1,425,500 Nourishment stretches of beaches Carlsbad REVISED: 8/18/08
in north and south Beach central Carlsbad Preservation Committee AGP 06-A Batiquitos Lagoon Monitor and develop Batiquitos $780,589' $23,995 12 Monitoring/Management management plan for Lagoon Plan laaoon Foundation AGP 06-C Agua Hedionda lagoon Maintenance and Agua $305,750 $0.00 13 Trails construction of trails Hedionda around Agua Lagoon Hedionda LaAoon Foundation AGP 06-D Discovery Center Interior and exterior Agua $386,000 $0.00 15 Improvements improvements to Hedionda existing Discovery Lagoon Center Foundation AGP06-B La Posada Farmworker Construction of Catholic $2,000,000· $0.00 16 Housing farmworker/homeless Charities housing at Casa de Guadaluoe TOTAL $6,567,571 $1,310,995 *Entire request encumbered, but approved only portion ($108,500) at present to allow for design work. 1 Entire request encumbered, but approved only portion ($74,995) at present to allow for data collecting and reporting and maintenance. 2 Entire request encumbered, but approved only portion ($108,500) at present to allow for design work. $756,594 $305,750 $386,000 $2,000,000 $5,256,576 REVISED: 8118108
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RECEIVED
AUG 21 2008
CITY OF CARLSBAD
PLANNING DEPT
August 27, 2008
Agricultural Conversion Mitigation Fee Grant Project Status Summary
BLF Nature Center Improvements
Grant Proposal No. AGP-06-03, April 29, 2008
• Project agreement approved by Mayor Lewis on April 29, 2008.
• Grant check received May 12, 2008.
• Due to a change in presidents for the Aviara Master Association's (AMA) Board of
Director's, the BLF experienced problems in scheduling the kick-off meeting. The
AMA is the owner of the property where the BLF Nature Center resides. A new
host/tenant agreement is required and their endorsement of our Conditional Use
(CUP)/Coastal Development Permit (CDP) is required before appropriate permitting
activities can take place. A meeting was finally held on July 14, 2008 with David Hill,
the new AMA Board President to summarize the project. A follow-up letter and copy
of the BLF presentation was provided on July 20, 2008 (Copy attached).
• A formal presentation for the full AMA Board of Directors has been scheduled for
September 18, 2008 where their approval to proceed and authorize AMA and BLF
lawyers to develop the new host/tenant agreement. Informal indications are that the
AMA will approve the project.
• The BLF has begun preparing a new CUP/CDP application. Since we have done
this before, this process is well understood.
• The BLF has contacted Williams Scottsman, who will be providing the upgraded
nature center facility and storage shed, for confirmation of our original project
quotes. It appears that the project budget continues to be valid for the project. We
expect to make a down-payment on the upgraded facility in the September -
October 2008 timeframe (e.g., 50% down).
• The BLF has begun getting updated quotes from electrical contractors for burying
the electrical service and preparing for the new facility.
• The project budget included funds for some educational equipment early in the
project. We expect to place orders for Wolfe DigiVu 2.0 Research Digital
microscope ($1,561.30) shortly. This microscope will enable us to project images
directly on our plasma monitor already installed at our Nature Center. It will also
support our environmental science education program and also our water quality
monitoring program. We also expect to place orders for some bird-watching scopes
and some binoculars for use by the public during our public walks.
Exhibit 2
Batiquitos Lagoon Foundation
Preserve, P1utect, ,md f.i1/11111cc
David Hill
President
Aviara Master Association
7040 Avenida Encinas, Suite B200
Carlsbad, CA 92011
July 20, 2008
Subject: Batlqultos Lagoon Foundation (BLF) Nature Center Upgrade
Project
Dear Mr. Hill:
I want to thank you for meeting at the Four Seasons -Aviara Argyle Restaurant
on Monday, July 14, 2008 to open discussions concerning the BLF's_Nature
Center Upgrade Project. As requested, I am following up our meeting with a
summary of our project and requesting Aviara Master Association support in
preparing materials for our respective boards of directors to subsequently review
and act upon. ·
Our Nature Center has been and continues to be a key and important fixture
along the North Shore Trail for the general public. In addition, having an
educational information center was a condition of the development permit for
Aviara and is reflected in City of Carlsbad and California Coastal Commission
permitting and related documents.
Since the site, on Aviara Master Association property, was in a zoned area
designated as open space, a City of Carlsbad Conditional Use
Permit(CUP)/Coastal Development Permit (CDP) was required. From an
environmental perspective (e.g., California Environmental Quality Act (CEQA)
and National Environmental Protection Act (NEPA)), a negative declaration was
determined to be appropriate. At the time, the City could only grant one year
permits which could not be renewed due to the way the zoning was defined in
their Local Coastal Program (LCP). For a number of years, the City did not
enforce that requirement and informally let us continue to operate our Nature
Center.
In the 2003 and early 2004 timeframe, the City of Carlsbad asked the BLF to
prepare and submit a CUP/CDP to bring our operation in compliance with City
requirements. They also recognized that they could only grant a one year
CUP/CDP and that ii could not be renewed. They also indicated that they were
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investigating making a change to their LCP, and would try to include making it
possible to have temporary structures placed in open-space designated areas.
Accordingly, the BLF worked with Aviara Master Association and your lawyer,
Simon Peters of Peters and Freedman, to craft a license agreement, and prepare
and submit an application for a one year CUP/CDP to operate the a nature
center at 7380 Gabbiano Lane.
The license agreement was finalized on November 3, 2003 and a one year non-
renewable CUP/CDP issued by the City of Carlsbad on January 7, 2004 (copies
of both documents are attached). During the 2004-2005 timefrc:ime, the City
submitted a technical change package that included modifying their LCP to allow
for certain temporary structures like the BLF Nature Center to be placed in areas
within the City that were designated as open space. This technical change was
later approved by the California Coastal Commission and other regulatory
agencies, and allows for CUP/CDP's to be issued for five years and be
renewable. The City has also changed their level of approval authorities based
on the type and complexlty of CUP's/CDP's. For our proposed Nature Center
Upgrade Project, the City Planning Director is authorized to approve it following
review by staff. The City would now like us to apply for a new renewable
CUP/CDP.
As we discussed, the BLF has received a grant from the City of Carlsbad in the
amount of $180,732 to upgrade our Nature Center at 7380 Gabbiano Lane,
Carlsbad, California. This grant includes funding for a new renewable CUP/CDP,
burying the electrical service as earlier requested by you, and bringing the center
into compliance with current safety and building codes. The BLF continues to
plan for and work towards getting a permanent nature center built, but this
process is expected to take years and involve obtaining appropriate funding.
We, therefore, are asking Aviara Master Association to work with us to upgrade
our existing Nature Center to better serve the community and also to have it
better blend in with the surroundings. We would also like to craft a license
agreement that better reflects both of our needs.
Some characteristics and benefits of the upgraded facility would include:
• Replacement of an old "1990 era" construction trailer with a more
environmentally friendly and educationally-oriented facility;
• Updating utility services, including burying the electrical line and eliminating
the above-ground wooden and aging power poles (previously requested by
Aviara Master Association);
• Improving public safety by providing two entry and exit points in the facility, to
be unlocked during regular business hours;
• Utilizing the existing site to minimize environmental impacts;
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• Bringing the facility into compliance with current building and safety codes;
and
• Satisfying the City's requirement for a renewable CUP/CDP.
As part of this upgrade project, we plan to double the space of the facility in such
a way as to minimize existing site impacts using a double-wide temporary facility
that does not require a permanent foundation. The existing deck, ramp, storage
and deck cover would be eliminated, and a simple American's With Disabilities
(ADA) compliant ramp installed. This change in ramp structure will almost
accommodate the additional space requirement itself. The added space would fit
in front of where the existing facility is located, extending towards the paved road
to the south. The existing access path and concrete end-pad can be used as is.
Finally, we would like to include a detached storage facility to house our trail
maintenance tools, program and educational materials, and provide storage for
an expected donated trail vehicle. We have identified three viable locations for
this facility, as indicated in the presentation package attached. The "drawn"
location would be on City of Carlsbad lift station property to the east of the Nature
Center and be the subject of separate action through the City. The second,
identified by "Circle 1 ", would be just inside the desiltation basin fence to the west
of the Nature Center on Aviara Master Association property. This would be our
preferred location since it would provide added security by being located inside
the fenced-in area on the existing concrete pad. The third, identified by "Circle
2", would be under the trees to the east of the Nature Center, also on Aviara
Master Association property. The storage unit would be designed and sited to
blend in with the environment and take maximum advantage of existing
vegetation features.
Concerning our preferred location in the fenced desiltalion basin ("Circle 1"), the
BLF would entertain investigating our taking over responsibility for maintaining
the basin. I would propose that if considered viable, we work together on this
location as part of the license agreement process.
My intent in this letter is to request that we work together to develop the details
so that our respective boards can then react to the plan and associated
documents. Our BLF lawyer, D. Wayne Brechtel of Warden Williams, would
work with your legal representatives to develop a draft license agreement which
will serve as the foundation for subsequent board review, and hopefully action
during the CUP/CDP permitting process. A project timeline is included in the
attached presentation material. I request that you authorize our staffs to work
together to develop the materials for us to make an Informed decision.
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Should you or Aviara Master Association Board of Directors have any questions,
please don't hesitate to contact me at (760) 918-2408. I also would welcome the
opportunity to meet with you and your Board, makes a presentation, and answers
any questions at your convenience. ,
Attachments: Copy of November 3, 2003 License Agreement
Copy of City of Carlsbad Planning Commission Notice of Decision
of January 7, 2004
Copy of BLF Presentation Slides of July 14, 2008
cc: D. Wayne Brechtel, Warden Williams APC
PETERS & FREEDMAN, L.L.P.
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Mr. Fred Sandquist
Bmiquitos Lagoon Fmmd:ition
P.O. Box 130491
Carlsbad. CA 92013-049 I
ATTORNEYS AT LAW
191 CALLE MAGDALENA. SUITE 220
ENCINITAS, CALIFORNIA 920Z4
Tel: (7W) 4)i,,J44 I
Fax: (7601436-34'2
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Enclosed please !ind a copy of the License Agreement that has hecn rcconlt.'d nnd hears the
signatures of all pnrtii:s. ·n1is brings to a close. at least for now. the paperwork between the Muster
Associntion nnd the Lagoon Foundation. Of course. if you need anything further, please dn nm
hesitate to contact the undersigned.
V cry truly yours.
PETERS & FREEDMAN, LLP.
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Simon J. Frcedrfui~~~
SJF:umh
Enclosure
cc; Board of Direcl!lfs (wiencl.)
RECORDING REQUESTED AND WHEN
RECORDED RETURN TO:
Simon J. Freedman
Peters & Freedman, L.L.P ..
191 Calle Magdalena, Ste. 220
Encinitas, CA 92024
TI£ IRIGIIW. If T!IIS DIWIEliT
I/AS REmlDED m rer 24, 2003
ml£lfT IOIIER 2003-1.302626
GlmlRV J. SMIIll, CWlTY RmlRilER
Sfil DIElil CIDITY llEllllllER'S IFFIII
Ill£: 1:10 PH
(Above Space for Recorder Use)
LICENSE AGREEMENT
This Agreement is made this 17th the day of September, 2003, by and between Aviara
Master Association, hereinafter referred to as "Licensor," and Batiquitos Lagoon Foundation,
hereinafter referred to as "Licensee."
RECITALS
WHEREAS, Licensor is a non-profit mutual benefit corporation, incorporated under the laws
for the State of California for the purpose of carrying out the functions as set forth in the Third
Amended and Restated Declaration. of Covenants, Conditions and Restrictions ("CC&Rs") for
AVIARA MASTERASSOClATION, recorded on September 16, 1991, as Instrument No. 1991-
0475307, in the Official Records of the County of San Diego, State of California;
VlHEREAS, Licensee desires to maintain a trailer on a portion of the Association commonly referred
to as the "Batiquitos Lagoon Infonnation Center'' more specifically described herein as Exhibit "A"
attached hereto, on certain real property of the Association.
I. TERM OF LICENSE AGREEMENT
Tilt: License Agr!em:mt sli.all h:.;e a one (l) }=term. The Agreeme::t ma:• berene,;,,ed ifLicer..see
requests in writing an extension, sixty (60) days in advance of expirati9n. Any extension of this
Agreement shall not exceed one year. Licensor is not obligated to exiend the term of this
Agreement.
.:l. TERMINATION OF LICENSE AGREEMENT
This License Agreemeu! may also terminate if any of the following occurs:
.'\. Alteration/Destrnctl~n. This L:c-ense shall automatically terminate if the etisting structure,
-:,11ic11 i~ lego.lly dcscrib::d in b:nib:t .. A," is removed or destroyed, or altered in any fashion.
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B. Mutual Agreement.
successors in interest.
Mutual Agreement between Licensor and Licensee or its
C. Board Action/Court Order. Three-fifths (3/5) of the Board of Directors votes to
terminate this Agreement for ''Good Cause". For the purpose of this section "Good Cause" shall
mean the failure to comply with this License Agreement hereunder and the Board of Directors
determines it is in the best interest of the Association to terminate this Agreement. This
Agreement shall also terminate in the event it is determined by a court of law that the Board of.
Directors does not have the power to convey a license as provided herein.
3. CONVEYANCE OF TITLE
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In the event Licensor conveys title of the property described in Exhibit "A," this License
Agreement shall autom:itically terminate.
4. CONSIDERATION FOR AGREEMENT
Licensee shall pay Licensor Ten Dollars ($10.00) per year as a license fee. Additional valuable
consideration has been offered and accepted by the parties to this Agreement In addition,
Licensee shall be responsible to pay any and all attorneys fees in connection with the drafting of
this Agreement, and recording costs.
5. PURPOSE OF LICENSE
Licensor hereby grants said License for the limited purpose of use of the Exhibit "A" Property,
including affected Common Area to maintain the "Batiquitos Lagoon Information Center".
Licensee is prohibited from constructing any building or structure, or otherwise altering such
Exhibit "A" Property or the surrounding Land without the prior written approval of the Board.
6. MAINTENANCE RESPONSIBILITIES
Licensee shall be responsible for the maintenance, repair, upkeep and replacement of the Exhibit
"A" Property, including any other affected Common Area. This maintenance responsibility shall
ir.clude ti1e responsibility for ar.y and all 1am'lge to ~he Co!I'.mo::1 Area that ma)' res,..tlt from t.'1.e
maintenance or use of the Information Center or surrounding areas during the pendency of this
Agreement. Said Property shall be maintained in a clean, safe and attractive manner, as
determined by the Board of Directors.
If Licensor, in its sole discretion, detennines that the Exhibit "A" property, including affected
Common Area, is not being maintained in an acceptable condition, Licensor through its Board of
Directors shall notify Licensee in writing that Licensee has fifteen (15) days to corrt>ct said
deficiencies. If Licensee fails to correct said deficiencies in the manner or within the lim<! •1::t
forth in such notice, Licensor may make such corrections at the expense of Licensee(:;\. Upon
completion of said maintenance and/or repair, Licensor shall send Licensee :,. demand by first-
class mail to reimburse Licensor i.vithin fifteen (15) days. In the event License,: fails to
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reimburse the Licensor within fifteen (15) days, Licensor shall be entitled to recover all costs
incurred in maintaining or repairing as stated above, plus costs of collection and attorney's fees.
Failure of Licensee to either correct deficiencies and/or pay Licensor for expenses it has incurred
to correct deficiencies shall constitute good cause for termination of this License.
7. EXCULPATION AND INDEMNITY
Licensee agrees to indemnify Licensor and hold Licensor harmless for any and all claims for
injw:y or damage which may arise in connection with Licensee's use or maintenance, repair, and
upkeep of the Exhibit "A" Property, including any affected portion of the Common Area, or any
claims which may arise out of or are in any manner connected with this License Agreement,
including, but not limited to, any claims that the conduct of Licensee violates any Federal, state,
county or local laws or regulations. Such indemnification shall include, but not be limited to, ·
special, general and consequentinl damages, court ccsts, expert fees and attorneys fees associated
with said claim. ·
Licensee further agrees to indemnify Licensor and hold Licensor harmless from any and all
claims against. Licensor for liens or mechanics liens arising due to the conduct of Licensee, as
well as any challenges from the Coastal Commission, City of Carlsbad or any other governmental
agency or entity challenging the use of the Exhibit "A" Property or surrounding areas as
improper.
8. RESTORATION OF PROPERTY
In the event this Agreement is tenninated for any reason, Licensee shall immediately restore the
Exhibit "A" Property, including any portion of the affected Common Area back to its natural
condition at the expense of Licensee.
9. EXPENDITURES IN RELIANCE OF THIS AGREEMENT
It is understood thatLiC!!nsee may have expended considerable time and money in reliance of
this Agreement. Regardless of said expenditures, it is expressly agreed that this Agreement may
be terminated or not renewed in accordance Vvith the provisions of this Agreement.
10. CITYAPPROVAL/NO~APPROVAL
Licensee agrees and represents that Licensee will comply with all applicable Federal, State,
County and City law~ and ordinances and has obtained all necessary pennits in connectic,n with
the proposed use of the Exhibit "A" property. Licensee specifically agrees to solely bearti]e risk
that the City of Carlsbad, or other governmental entitie:; will not allow Licensee to utilize the
property over which the License is being g:-anred in the manner contemplated by this Agreement.
Licensee further agrees to famish ev1d1,nc,• ,,fpermits at the Association's request.
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11. INSURANCE
Licensee shall obtain a policy of general liability insurance in at least tl1e amount of One Million
'bollars ($1~000,000.00), and shall name Licensor as an additional insured. Proof of said
insurance shall be provided to Licensor at or before the execution of this License Agreement.
12. ENTIRE AGREEMENT
This Agreement contains the entire Agreement of the parties, and may not be amended. except in
writing signed by all parties hereto.
13. GOVERNINGLAW
This Agreement, and all mntters relating to this Agreement_, shall be governed by the laws of the
State of California in force at the time such matters relating to this Agreement arise.
14. PREY AILING PARTY'S CLAUSE
Should legal action commence to enforce or interpret any provisions of this Agreement or
otherwise as to this Agreement, the prevailing party therein shall be entitled to an award of
attorneys' fees, costs of suit, and any other costs the court adjudges as proper. . •
f"t:l\c.\~1~'5. ~ ....
EXECUTED AT Ls t ( .,t.'d ~ California, on the date( s) indicated below:
DATED: IQ,~ , 2003
AVIARA MASTER ASSOCL.\.TION
("LICENSOR")
C.Al(.I) <-C'As-r1:. TT£:0resident
DATIQUITOS LAGOON FOUNDATION
· ("LICENS E")
~1/~=.-,dr-.,--;;
4
STATE OF CALIFORNIA
COUNTY OF )in Viey O
)
) ss.
)
On ~.17-, 2003, before me, J).S'exic1r,. -, a Notary Public fo;the
State of1<:aiifomia, per~nally appeared frecl C .Sia.n1ou,sF, of the Board of Directors of the
&:rl->1uitos '-<l90IS'\'\ "'Fc;,11J.:ih'4"%;soeiatien, personally_ known o me (or proven to me on the basis of
satisfactory evidt:nce to be the same person whose name is subscribed to the within instrument and
acknowledged to me that he/Bhe executed the same in his authorized capacity and that by his.4ie,.,.
signature on the instrument the person or the entity upon behalf of which the person acted, executed
the instrument.
Notary Public
STATE OF CALIFORNIA )
0 '1, ) ss.
COUNTY OF JClrl U I ":f o ) '.]). CS'e;ichM
On tk¾ober ~I 2003, before,.qie, C:'i•, I Gs! 0 l\@1 ~ ,aNotaryPublicfor
the State of California, personally appeared \.. (lfc\ Ca~ 1-efkr-, personally known to me
(or proven to me on the basis of satisfactory evidence to be the same person whose name is
subscribed to tl:.e within im:trm1~nt and ad:nowledged to me that'!he ex,:cute,,i the s~me in~h<:,
authorized capacity and that by m!fs~gnature on the instrument the person or the entity upon behalf
of which the person acted, executed the instrument.
.,..~1 , MY .l-fANl) At'\:1) OFFICIAL SEAL
'/ t--, .It\.-\
Notary Public
,
EXHIBIT "A"
A modular 528 square foot facility on the North shore of Batiquitos Lagoon. A
single wide trailer that measures 12 feet by 44 feet long by 14 feet high. Attached
wood lattice overhead shade structure, ADA compliant wooclen entrance r.imp,
ancillary fixtures including an interpretive sign kiosk, picuic benches and native plant
garden. Facility is located approximately 250 Southeast of the terminus of Gabbiano
Lane in the Azure Cove Development of A viara. Nature Center is located on
relatively flat area clear of any habitat and completely outside of 100 foot wide
wetland buffer that exists around Batiquitos La~oon.
The Foundation is located on a portion of Lot 77 of Cm-lsbad Tract 90-30, Unit 2
according to Map 13370.
G:\6\6187\sjt\cxhibit a lie. agr.wpd
f , ......... ': • • • • • • • • • • • • -. . -• • -. -• ¾, • • • • • • ~·-= : : ......... .:: ..... .: 5 .: . . : = : = : : : : : • • • ........... : • • • i! ~ 1········-= •
BLF INFORMATION CENTER
City of ·Garf s·bad
IAEI, I, 11,t·I •)4·614 i,, 14 r·I I
DISCLOSURE ST ATE~1El\'.T ·
Applicant's statc;ncnt or disclosure of certain ownership intcTitsis on all apphcauoru which \\ill require/
di=tionmy action on the of the City Council or anv a inted Board. C omm1ssion or C omrnmee.
The following information MUST be disclosed at the time of application submittal. Your proJcct C3lll10t
be reviewed until this infomuttion is completed. Please print.
Nolf!: . . .
Person is defiDcd as "Any individual, film, co-p,u:mmh:ip, joint vcumn; associalioo, social dub. fratemal
organization, coq,matioo, esme, ttust, r=ivcr, syndiatc. in this and any other coumy. cit)• and coun1y. c:ity
IIIUDiciptlit)'i di.mict or olher politi"!'l subdmsian or any otber l!fflUP or combination acting a, a unit.•
A.goats may lip this docurnmt; bowever, the ltpl mme and e:rtiry of ilu: "!'Plli:m• and propmy owner fflllSI be provid:d b:low. . . . • .
1. APPLICANT (Not the applicant's agent) .
Provide the COMPLETE, LEGAL names and addresses of ALL persons ha,ing a financial
interest in the application. If the applicant includes_ a COT!>OIJltjon or pannmhjp. include the
names, title, addresses of all individuals owning more than l 00/2 of the · shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PI.:EASt INDICATE NON-
APPLICABLE (N/A)·IN THE SPAC£1lELOW If a public)v-owned comOTl!tjon. include the
names, titles, and addresses of the corporatt officcn;. (A separate page may be attached if
necessary.)
Pmon Seth Schulbetg
Title Pre11ldent
AddressP.O. Box 130491
,Carlsbad,. CA 92013
2. OWNER (Not the owner's agent}
Corp/Part Batlaulto& I agnno Eorrndatlon Title, ____________ _
Atld=s, __________ _
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e,
pannersbip, tenants in conm:ion: non-profit, corporation. etc.). If the ownership includes a:
P11JP01J1tjpn gr parml!TShip, include the names, title, adcln:sses of all individuals owning mon:
than 10% of the shares. IF NO INDMDUALS OWN MORE !HAN I 0% OF TiiE SHARES,
PLEASE INDICATE NON-APPLICABLE (NIA} IN TiiE SPACE BELOW. If a pub]jc!y.
owned corporatjgn, inclll\ie the names, titles, and addresses of the COlJ)Orate officcn;. (A ~te
page may be at!IU:bed ff necessary] ·
P~\Qe~ Corp/Pu\ Avlara Master Homeowners Assoc. Tl~~Yhii,ru.~ TI1le. ____________ _
Address 7940 Avenida Encfnas
Suite B200·
Carlsbad, CA 92008
Address, __ _;_ _______ _
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • {760) 602-4600 • FAX (760) 602-BSSS · @
' i I = !,; I ' t1 i I! -RAMP--tl ,:, c,.,,..,. -an11ot1 r-----, I I I I I I I I I I I I I I L-"'.'"-=----
IE----------------......---------------il ... " :fl-4•0·--'----12' :;t;;,i,fc-=t1-WJ1tlA. ~ .ii<. RulioOll\ JJ.,l Tab!• ,t<t si...ii. l I n..t L!::=i=: =¥S=~f::~~==~~=i~m.=====r=1-f--!-,'/)'~-l11::i=;.;:::::::1=~a!C=::;;:::!.I t &IWllft Ulril!TO OIIAVfn' MAIN Nat..,. Cent.,. mnta Al>Arequlnmantafor accaaa and facllttles. ! .. ..... ; ~ ... I! !~i I ·----------·-···-..... -;-:----,,.....,.~ R,in, p...f,i. .. .. · 18'3• ·-· -· ---ll BATIQUITOS LAGOON FOUNDATION fsl INFORMATION CENTER I !I! 7360 GABBIANO LANE c ... .,....,_ ...... .._.. N cb
\ 500 Batiquitos Lagoon Foundation · Nature Center 7360 Gabbiano La CUP 0~05/CDP 03-40 .____. ta 13 . ·14 .,,...~ C NATURE CENTER , N 1,000 '\
·city of c·drlsbad
1061,1,11,L·l•J§ ·1~1; i,,14,il
DISCLOSURE STATEME~T
Applicant's smtc:mc:nt or disclosure of certain ownership mtercsts on all apphc:mons whi.h will require:
discn:tionarv action on the n of the City CoW1cil or any a inted Board. Comm1ss1on or Commmcc. ·
The following information MUST be disclosed at the time of application submmal. Your pro.1c~1 c:innot
be reviewed until this information is completed. Please prinL
Nou: .
Person is defined as "Ally individual, fum, co,.parmmhlp, joint vcnnm:, association. social club. fratcrn:il
org:aniza'\ion, cotporation. estate, IIUSt., receiver, syndicate. in 1his 111d any other county. city and county. cm,·
municipality, dimict or other political subdivision or any other poup or combination acting as a unit."
Agenu may sisn 1his document; however, the lcaal name and entity or the applicant 111d property o\\'ner must be
provided below.
I.
2.
APPLICANT (Not the applicant's agent)
Provide the COMPLET£. LEGAL names and addresses of .AlJ. persons ha,ing a financial
intm:st in the: application. If the applicant includes a comoratjon or pannershjp. include the
names, title. addresses of all individuals owning more than 10% of. the shanes. IF NO
INDIVIDUALS OWN MORE TiiAN 100/4 OF THE SHARES. PLEASE INDJCATE NON-
APPLICABLE (NIA) IN"iHE SPACE BELOW If a publjclv-ownc;d comoration. include the
names, titles, and addresses of the corporate officers. (A separate page may be anachcd if
necessary.)
Person s e. T Ii SGi,k I loe.re,
Title Prz,es,~rJI
Address P. 0 • ,iai< I 3 0'1 '11
C t9 rt.l..>r.Ji<1K1_, &J'l 'f .zooi
OWNER (Not the owner's agent)
Corp/Pan, ___________ _
Title, _____________ _
Address, ____________ _
Provide the COMPLtTE, LEGAL names and addresses of .AlJ. persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e.
panncrship, tenants in common, non-profit, corporation, etc.). If the ownership includes a
comoration OJ' panqwbip, include the names, title, addresses of all individuals owning more
than 10% of the shares. JF NO INDIVIDUALS OWN MORE THAN 10%, OF THE SHARES,
PLEASE INDICATE NON~APPLICABLE (NIA) IN THE SPACE BELOW. If a pubJjcly-
owned comoration, include the names, titles, and addresses of the cotp0ratc officers. (A separate
page may be anachcd ifnccc:ssary.) , ,,.,
A Lll"'I;:. 1' rYll"I> r~ 1,0...,
Person Ct1•el Ol.t M:::-,..... Corp/Pan __________ _
Title f 1(.-c:,. i t:l,J--Pt /11/lr:-Title. ___________ _
Address 7 ' 'i D 19\/erJ1111'l !wc.J,J,<p Address ·-------------{!.,_,Tc., /J lCX.7
c;..q ,:. ,_ t, 11, ,q °' cA
1635 Faraday Avenue• Carlsbad, CA 9200B-7314 • (760) 602".4600 • FAX {760) 602-B559 (!)
3.
4.
!\'OS-PROFIT oar·: 1'"IZATION OR TRl"ST I
lfany person identified pursuant to (1) or (ll abo,•c is 8 nojiproljtorgpmµuon Q(3 mm. i»: :::,·
names and addresses of Afil: person serving as an officer or director of the non·prolh
organization or as trustee or beneficiary of the.
Non Profit'Trust l?iAr • l1'l 6, Po.,,.JO. Non Profit1"rus1_· ________ _
Title f ri. ~5 I ,q&..X-
Address P.o, lo I 3 0 '-I q J
~ r:J )'\. '-!> l'o yq O "I 1-00 C,
Title, ____________ _
Address, ____________ _
Have vou had mon: than S250 worth of business transacted with anv member of Cit\' staff.
Board;, Commissions, Committees and/or Council within the past twclv~ ~12) months~ •
D Yes IZ1 No If yes, please indicatcpcrson(s):. _____________ _
'-------------------------------
NOTE: Attach additional sheets if necessary.
I certify that all the a~<?,vc,,infonnation is ttuc and com:ct to the best of my knowledge. Av,~ >t~ ,..on-
. ~ Si~~~ s'1tra{~{.?
,4-it1'4M M~.m'fl-#114-
:J/2:rlo.J
'1,. t1At.o0 CASTST~
Print or type name of owner Print or type name of applicant
Signarurc of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
'
H:AOMIN\COUNTSRIDISC:LOSURE STATEMENT 5198 Page 2 of 2
..
City of Carlsbad
l#iEi,i,iill·l•i4·Eliil,t4,ii
Haliquilos Lagoon Foundation
P.O. Box l 3fl.191
Carlsbad, CA 92018
PLANNING COMJ\USSlON
NOTICE OF DECISION
SUll,IECT: cm• 03-05iCDI' 03-40 -IlATIQUITOS LAGOON INHHU\IA TION CENTER
At thi: Planning Commission mt.'l!ting of Jmmury 7~ 2004. your application was considered. The
Commission voted 7--0 to Al'l'ROVE your request. TI1c decision or 1hc Planning Commissfon bcc-Jmc
iinnl on January 7, 2004.
The time within which judicial review of this decision must be sought is governed by Code of Civil
Procedure, Section !094,6, which has been made applicable in the City of Cnrlsbad by C~rlsbad
Municipal Colic 1. 16. ,\ny petition or other pupcr scekingjudiciol n:vicw mU5t be filed in the appropriate
court 110! Inter than the ninetieth day follm,ing tho date which this decision becomes final; however, if
within ten duys niter the decision bi,comes final a rc'<juest for the record of the proceedings occompanied
by the required deposit in an mnounl su!lidcnl to cover the cstimutcd cos! of preparation of such record.
the lime within which such petition may be filed in court is c.xtcndcd 10 not later than the thirtieth day
following the date on which the record is cithcrpcnmnally delivered or m;dlcd to the party, or his auomcy
uf n..-curti. if he has one. t-\ written request tot' the prcpurution or the record of the proceedings slmlJ be
l'llcd with the l'hmning Dircclor, Michael J, Holzmiller, Secretary of the Platming Commission, 1635
Famdny AYenttc, Carlsbad, CA '!2008.
If you huvc any ,1ucs1inns regarding the final dispositions of your applit'llinn, please cail the Planning
Department nt (760) 602-4600.
Sincerely, ~c
Planning Director
MJH:VL:ntli
Enclosed; Planning Commission Resolutions No. 5511_~ 55 t2
1635 Farad~y A·,renue • Cartsbnd. CA 92008-7314 • {780) 002-4SOO..,. FAX {760) 602-8559 • WVN.'.C1.cnrklbod.cn.u$ @ ·
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PLANNING COMMISSION RESOLUTION NO. 5512
A RESOLUTION OF THE l'L4-1\/N!NG CO:VUvlJSSlON OF THE
CITY OF CARLSBAD, CALIFORNL.\, APPROVING A
COAST AL DEVELOPMENT PERi\UT CDP 03-40 TO ALLOW
FOR THE CONTINUED PLACEMENT AND OPERATION OF
A MODUL.\R INFORMATION CEJ\'TER ON PROPERTY
GENERALLY LOCATED NORTH OF BA TIQUlTOS LAGOON,
BETWEEN GABBIAl\'NO LANE AND BA TIQUJTOS DRIVE
IN LOCAL FACILITIES MANAGEl,!ENT ZONE 9.
CASE NAME: BATIQUlTOS L.\GOON L'IFO~vlATION
CEI\TER
CASE NQ.: CDP 03-40
WHEREAS, Bntlquitos Lagoon Foundntiou, "De,·cloper," has filed a verified
application wilh the City of Carlsbad regarding property owned by A,·iuru Lund Associates,
"Owner," desi;ribcd as
Lot 77 of Carlsbad Trnct l\11111 90-30, Unit 2, ln the City of
Cnrlsbnd, County of San Diego, Slate of Californiu, according
to map thereof no. 13370, med in the Office of !he County
Recorder of San Diego, November 8, 1996
("the Propeny"); and
WHEREAS, suid verified applic"tion conslitutcs n n:quc-st for " CoUlital
Development Pcnnit as shown on Exhibits "A" -"C" dated January 7, 2004, on file in the
Planning Department, BATIQUITOS LAGOON lNFORMAT!ON CENTER-CDI' 03-40
as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of January 2004, hold
a duly noticed public hearing as prescribed by law lo consider said request; nnd
WHEREAS, at said public hearing, upon hearing and considering nil testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered nil factors
relating to the CDP.
WHEREAS, on June 4, 1997, the Planning Commission approved CDP 96-15, as
described anti conditioned in Planning Commission Resolution No. 4112.
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NOW, Tr!ERBFORE, BE 1T HEREBY RESOLVED by lhc Planning
Commission ofll1c City of Curlsbad as follows:
A)
BJ
That the, foregoing recitations arc lruc and correct.
Thnt based on the evidence presented at the public hearing, !he Commission
Al'l'ROVES BATIQUITOS LAGOON 1:-JFOR.\IATION CENTER -COi'
03-40 based on the following findings and subject to the following conditions:
Flndings:
J.
2.
3.
11ml the proposed development is in confonmmcc with 1he Ccnified Locnl Coastal
Progmm und all applicable policies in Ihm no agriculture or prime ngricullurul lund,
cnviro11rnc11tally sensitive or scenic resources exist on site; no earthwork is required
or pro11osctl, therefore no gculcchnicul issues exist; the location of the l11forn111tio11
center would not interfere with the Bnliqultos Lagoon North Shore Trnil while still
proYiding an cducationnl benefit to visitors of the cnastal zone and Batil111i1os
Lagoon; anti 1hc singlewlde modular building is palmed gr:iy to lessen the ,·isuul
impact from public views on the Intcrstntc 5 freeway.
The proposal is in conformity with the public access and rc-creution policies of Chapter 3
of the Coustal Act in that the existing puhlk ncccss trail nud pnrkiug arcus for the
nntiqultos Lagoon North Shore Tntil would not be impacted hy the location of the
information center and the provision of visitor scrvlc,-s through the Buliquitos
Lagoon Fountlntion docent program enhnnccs the rccrc11tlon11l opportunities for the
visitors to the Bntiqui!os Lagoon.
The project is consis1em with the pro1·isions of the Coastul Resource Protection Overlay
Zone (Clrn1i1er 21.03 of the Zoning Ordinance) in that !he project will adhere 10 the City's
Master Drainage Plan, Grading Ordinance, Stonn Water Ordinunce, Standard Urban
Storm Water !\litigation Plan (SUSMP) and Jurisdictional Urban Runoff Management
Program (JURMP} to nvoid increased urban nm off. pollutants and soil erosion. No steep
slopes or native vegetation is located on the subject propcny and the site is not located in
an area prone to landslides, or susceptible to acccicruted erosion, floods or iit1uofnc1ion.
Conditions:
Note: Unless 01hcrwisc specified herein, all conditions shall be sutislic>d prior to building
permit issuance.
L lf any of 1hc followiug comlitions fail to occur; or if they arc, by their 1em1s, io be
impicmcmed aml maintained over lime, if uny of such conditions fail to be so
implemented and maintained according 10 their tenns, the City shall have the right 10
revoke or modify all approvals herein gramed; deny or further condition issuance of all
future building pennits; deny, revoke or further condition all certificates of occupancy
issued under the authority ofapprovals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
l'C RESO NO. 5512 -2-
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vested riiJl1ts arc gained by Developer or a successor in interest by the City's approval of
this Constnl Development Permit.
Staffis authorized and directed to make, or require the Developer to make, a!I corrc_c1io11s
and modifications lo the Cousin! Development J>crmlt. documents, as necessary to make
them imcnmllv consistent and in co11f9rmity with the final action on the project.
Development sliall occur substantially as shown on the approved Exhibits. Any proposed
del'dopmcnt different from this approval, shall require nn amendment to this appro\'al.
If nny condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this a11provul or imposed by law on this Project are
challenged, this approval shall be susp(mllcd as provided in Govcmm~'llt Code Section
66020. rr uny such condition is determined to be invalid this approval shnll be in\'ulid
unless the City Council dctcnnincs that the project without the condition complies with
nil requirements oflaw.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
lmm1less the City of Carlsbad, .its Council members, officers, employees, agents, nnd
represcntutivcs, from and against m1y and all liabilities, losses, damages, demands, claims
and costs, including court costs mul attomey's fees incurred by the City arising, directly
or indirccl!y, from (a) City's approval and issuance of this Coast11l J}evelopment Permit,
(b) City's appro\'ul or issuuncc of any pennil or action, whether discretionary or non-
discrctiona.ry, in connection with the use contcmplutcd herein, und {c)
DcvelopcriOpcrntor's installation und operation of the facility pem1itted hereby, including
wiihout limitution, any and u!I liabilities arising from the emission by the facility of
clcctronmgnclic fields or other energy waves or emissions, This obligation survives until
nil legal proceedings have been concluded anti cominues even if' the City's approval is not
validated.
This approval is granted subject to the upproval of CUP 03-05 und is suhjccl to ull
conditions contuinc-d in 5511 for those other upprov:,ls incorporated he11lin by reference.
NOTICE
Please tukc NOTICE thut approval of your project includes the "imposition" of fees, dedications,
reserrntions, or other exactions hereafter collectively referred to for convenience us
"fees/exactions."
You have 90 days from date of fmal approval lo protest imposition of tlwse fees/exactions. If
you protest them, you must follow the protest procedure sci forth in Government Code Section
66020(u), and file the protest und uny other required infonuation with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar nny subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED Ihm your right to protest the specified foes/exactions
DOES NOT APPLY to water and sewer connection fees and capacity clrnrgcs, nor planning,
PCRESONO. 5512 -3-
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zoning, grading or other similar application processing or service fees in connection wilb this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED nl o regulnr meeting of the Pl:mning
Commission of the Ci1y of Carlsbad, California. held on the 7th day of ,lunuury 2004. by the
following vote. to wit:
AYES:;
NOES:
Chairperson White, Commissioners Baker, Dominguez, Heineman,
Momgomcry, Segall, ,md Whinon
None
ABSENT: None
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATfEST:
Planning Director
PC RESO NO. 5512
BLF Nature Center Upgrade Project Monday, July 14, 2008 Four Seasons -Aviara Argyle Restaurant Carlsbad, CA
Nature Center Site Location
Existing Nature Center
Existing Nature Center Site --..__/ : ;,. '
' Proposed Nature Center Site Design Deck New Nature Center ffewAOA Ramp ~a·"' Undergroun~ Utilities · 2~ Field Verffled 7/16/03 #1 Water & ·gravity sewer to Pump Station #2 SBC to Pump Station Notto Scale New Natt.re Center Site Plan
N WILLIAMS SCOTSMAN 2650 CACTUS ROAD SAN DIEGO, CA 92154 800•782-1500 619-661·7252 FAX r 7' SCALE: 118~ "" 1' • o· in Layout DRAWING NO. BAT2444d 24' X 44' ·EXECUTIVE SUITE" SALES OFFICE, MODIFIED UP 30' HOCP t/'Z BATH VCT 10' , 1'4
Neighborhood \ 500 Batiqultos Lagoon Foundation · Nature Center 7360 Gabblano La CUP 03-05/CDP 03-40 13 14 NATURE CENTER N 1,000 '\ ~
Project Timeline NaMo ColV.ar RcplacsmarJ .. Final AQr&&mert aSk me Dura:Ucn Start Mon10/Sf09\ u 1711l8-,--Fti 9112/08· """ ____ ___, 13 4 1$ P.tge 1
Project Timeline (2-2) Na!Ure Center Replacement~ Fina! Agreement ID <I 11·a9ii Name I Duralion I Start Anlr.h Predecessors 20 321 Place purchase otdera tor tt:emJ that can Utt us.co 2 days! Thu 7/17i06 MOO 7t,.d,...v 2 lmmedlattly (e.g., docent-Mad wa»a audio . I equipment, spcltL-ig SC"Opes. microscope with I I ' video display} I ! -···-!--·---·-···3-,,_~J "'·lnstafflmriiea1ale-uic oid~roo materials ~o aar•. ·-Mon tawirr· Jjjt.! &'L4!0~ -"-·---3,4, ., · ·piaC\'!I putt:ruliC onfntil fo(Rlfflaimna dams; -_~r~~ Wed 11111t09 Thu 11112109 1s ., ··~--1 .'5· _ ~!!:*!~ff remahing putcfiased ~~s ' J[ilil'll"::·'l'hurrltmlf' Mon 12/21/0ll 30 , ------4 Project Management & Reporting (tnvoh:es wlll be 10 days: Mon 12/21109 Thu 1:zr.11/09, e•,,,_ < submitted when appropriate, consistent with grant ·· 10 a,r,17.loii 12121/0ll i a-m,mtl 1 33 4.1 Pmpare final project report, nnana31 summ:uy & ·--, ~ Thu l21J1ios;l1 . ctoseout --'ect . ' Page2
Project Team & Funding • Fred Sandquist -Project Leader • Don Rideout -Permitting & Advisor • D. Wayne Brechtel -BLF Lawyer, Worden Williams, APC • Don Connors -Building Technical Support • BLF Volunteers & Professionals • Available Project Funding -$180,732
Next Steps for AMA • Decision to support project • Decide if storage shed site options 1 & 2 are valid • Approve development of draft host/tenant agreement for review by both organizations • Agree to help develop draft CUP/CDP & other permits
Kevin Pointer -Re: City of Carlsbad Agricultural Conversion Mitigation Fee
GrantRecipient
From:
To:
Date:
Subject:
CC:
Kevin
"Regg Antle" < reggantle@cox.net>
"Kevin Pointer" <Kpoin@ci.carlsbad.ca.us>
08/25/2008 7:21 PM
Re: City of Carlsbad Agricultural Conversion Mitigation Fee GrantRecipient
"Ronald Wootton" <wootland@cox.net>
Please consider this email a
STATUS REPORT
BOARDWALK (Ac..? o c.. -o'-ij
Page 1 of2
BVLF has entered into a Engineering Consultant Contract with Noble Consultants lnc.(NCI) to design and help
permit the project. We have obtained verbal approval from CDF&G to proceed. A letter is to follow.
Phase 1 (now underway)-Concept Design Formulation will result in a preliminary design with sufficient detail to
procure permits. Scheduled completion is 3 months. We are applying for Phase 1 funding.
Regg V. Antle
Pres. BVLF
----Original Message -----
From: Kevin p9i11ter
To: akamauro@cox.net; ccc@carltas,com; Eric.Munoz; RC53@cQx.ne); reggantle@cox.net;
scindqLJist2@earthlink.net; sjcintz@ci,carlsl:Jad,c?,US; !3RMDuvall@ccclsc:L9rg
Cc: jtqdd@c?rltas,com ; ScottDonne,11
Sent: Tuesday, August 19, 2008 11 :54 AM
Subject: City of Carlsbad Agricultural Conversion Mitigation Fee GrantRecipient
**Upcoming Agricultural Conversion Mitigation Fee Ad Hoc Committee Meeting**
Tuesday, September 2, 2008
1:00pm -3:00pm
City of Carlsbad, Faraday Center
1635 Faraday Avenue, Carlsbad CA
Good Afternoon,
Our records indicate that the City of Carlsbad Agricultural Conversion Mitigation Fee Ad Hoc Citizens
Advisory Committee (Committee) recommended the City Council award your organization a grant
fund generated from collection of the City's Agricultural Conversion Mitigation Fee. In consideration of the
Committee's recommendation your organization was subsequently awarded a grant which has been or will be
distributed to Fund your project. At the above-referenced/upcoming September 2nd Committee meeting, City
staff will be providing the Committee with a status update on your project.
Please respond to this email to provide staff with a status update of your project; as well as to provide any
additional information regarding implementation of the grant fund your organization has or will be receiving.
To ensure that all comments are processed and Forwarded to the Committee for the September 2nd meeting,
file://C:\Documents and Settings\Kpoin\Local Settings\Temo\XPGroWise\48B3062DGW... 08/27/2008
Page 2 of2
please respond to this email with a status 1.Jpdate as soon as possible, but no later than no_q_n Tuesdl!Y,
August 26, 200fl.
If you have received this email In error and/or if you are not the appropriate representative from your
organization please respond to this email advising of the inaccuracy. Please also be advised that you and/or
your organization may not necessarily be provided with an opportunity to verbally address the Committee with
a status update on your project at the upcoming Committee meeting; therefore, it Is encouraged you submit
any comments in writing prior to the deadline.
Congratulations on the receipt of your grant and thank you for your interest in the City of carlsbad. If I may
assist you with any additional information or clarification. regarding the upcoming meeting or implementation
of agricultural conversion mitigation, please feel free to contact me directly.
Sincerely,
Kevin Pointer
City of carlsbad
Associate Planner
(760) 602-4620
(760) 602-8559 fax
http:/Lwww.carlsbaclca,goy/
Conserve resources .... Print this email only if you need to.
file://C:\Documents and Settings\Kpoin\Local Settings\Temp\XPGrpWise\48B3062DGW ... 08/27/2008
Flower Fields Grants
Status August 25, 2008
RECEIVED
AUG 2 6 2008
· CITY OF CARLSBAD
PLANNING DEPT
The City of Carlsbad awarded 5 Grants from the Agricultural Mitigation Fund to the
Flower Fields at Carlsbad Ranch. Each of the projects funded by the grants has been
initiated and 2 are complete. The completed projects (drainage and farm road surfacing
improvements) have had a substantial positive impact on the farming environment and
the production of flowers and bulbs as well as the visitor experience.
The remaining projects (barn, cymbidium production, and soil amendment) are well
underway and we believe will have a substantial positive impact when complete.
While most projects have been completed within budget the Barn construction has
required some additional engineering and material costs to meet standards of the City of
Carlsbad. The exterior appearance has been softened through the use of a wood treatment
to preserve the farming aesthetic and the bathrooms included within the structure have
been designed to full City standards. These improvements are consistent with the original
application. The aggregate additional costs are currently estimated as $30,000. If funds
are available, and the Advisory Committee is willing to consider additional requests, The
Flower Fields will augmentation of its grant by the final additional cost.
In addition while soil amendment and the reduction in erosion impacts from the improved
drainage system have shown up in significantly improved cut flower quality, concerns
resulting from water quality ofrecycled water have been highlighted. This concern will
have to be addressed in order to capture and continue the gains in quality achieved with
production from the existing grant projects. The Flower Fields and its fanning partner
have undertaken a significant analysis, and a plan is being developed to address the water
quality issue with onsite filtration and storage to allow continued use of reclaimed water
while maintaining or improving crop quality. We anticipate significant costs for such a
project and if funding is available will request consideration by the Advisory Committee.
, o'\
ol9
Soil Amendment:
Current status; the first of the five applications of compost was completed in October of
08, with the second application underway at this time.
The results from the first application were positive; we had excellent flower quality,
heavy stems and high petal count in the individual blooms. Soil texture is improving
with each application.
ofb ;
bfd-9 Drainage system: ~ Current status; completed
The surface water drainage system worked well, meeting our expectations. We had
several heavy rains in a 2 month period where on occasion, over 2" of rain fell in 3-4 hr
period; all surface water was captured and moved into the drains leading to the catchment
basins. The system design of regular inlet points every 60' reduced the speed of the
surface water resulting in negligible erosion along the furrows and down the slope, this is
evidenced by very little silt being moved in to the new drainage system.
0/\..
• IJ. o/Permeable road surface: 1/ Current status; completed '
~ This has resulted in a firm road/walkway surface improving the walk and drivability
through the elimination of most of the soft sandy areas and considerably reducing dust.
The color of the improved surface is virtually indistinguishable from the native soil, but
i} ~
does not cause prc,ble:ms with farm equipment or visitors from mud or dust.
6 Cymbidium project:
,0 Current status; Shade structure, benches, ground cover, drip water system, injector are
~ completed, side wall vents to be finished by 10/1/08, this will complete the project.
The shade house is ideal for the culture ofCymbidium's and we are currently potting and
spacing the plants out into the growing area.
, olP
This shows the completed shade structure with the benches in place ready to receive the
young plants. Approximately 1000 young plants have been received are growing with a
target for first marketable sales of 2011.
cJo Barn project:
i-J;J Current status: the soil, engineering, barn and bathroom design are completed. The plans
\\: are in the second go around of plan check at the City of Carlsbad building department and
Esgill.
The site is prepared and ready for construction with sewer and water connections
complete to the building edge. The Barn should be complete before the 2009 harvest and
visitor season.
June 17, 2008
TO:
FROM:
SENIOR PLANNER SCOTT DONNELL
Associate Engineer Steven Jantz -s:::f"
AGRICULTURE CONVERSION MITIGATION FUNDING
BEACH NOURISHMENT PROJECT
Ab-:P =<.,;;,-,o
This is a follow-up to our conversation yesterday regarding the payment of an invoice from
SANDAG for preliminary work on the next Regional Beach Sand Project an!l the potential for
future funding draws for the Carlsbad Beach Preservation Committee/SANDAG Beach
Nourishment Project.
Recently the city received an invoice from SANDAG to cover preliminary planning activities,
including preliminary engineering and off shore sand investigations. On November 6, 2007 the
City Council approved Resolution No 2007-288 authorizing a Memorandum of Understanding
(MOU) with SAND AG to pay a share of the next Regional Beach Sand Project and committing to
fund the initial efforts at a cost of$74,500 from the approved Agriculture Conversion Mitigation
Fund. Staff is recommending the Planning Department process the invoice for payment. The
approved resolution, related City Council Agenda Bill 19,216, and the signed MOU are attached.
In 2007, the City Council approved the Carlsbad Beach Preservation Committee's request for a
$1.5 million Agricultural Conversion Mitigation Fund grant (proposal AGP 06-10 -Carlsbad
Beach Nourishment) to implement a stand-alone beach nourishment project benefitting Carlsbad
beaches only. The Regional Beach Sand Project, with regards to its Carlsbad component, is
similar to and would accomplish the same benefits as the Carlsbad Beach Nourishment project.
Recognizing the worthiness of the regional project, the City Council in Resolution 2007-288 (I)
states it is appropriate and beneficial to join the region-wide effort and implement beach sand
replenishment as part of a region.al, rather than local only, project and, accordingly, (2) allocates
$74,500 from the Agricultural Conversion Mitigation Funds to provide Carlsbad's prorated share
of the planning activities for the next Regional Beach Sand Project.
Also, as this project moves forward, additional funding requests will be necessary to cover
expenses for the final design, development of a project EIR, resource agency permitting,
biological monitoring efforts, and development of the project plans and construction documents.
These are all components of the approved AGP 06-10.
At this time SANDAG has not finalized costs for these future efforts; detailed cost determinations
will be made as the project moves forward. Staff will then request future funding allocations
from the approved Agricultural Conversion Mitigation Fund grant as the costs become finalized;
this future funding from the approve grant was anticipated in the Agenda Bill 19,216 Fiscal
Impact section. In any event, the allocation requests will not _exceed the approved Agriculture
Conversion Mitigation Funding previously authorized for the Beach Nourishment Project as
approved as part of AGP 06-10.
Furthermore, it is anticipated that the overall project schedule, while containing the milestones
outlined in AGP 06-10, will result in beach sand deposition at the end of 2011. This represents a
delay in the approved schedule that is due to the participation in a regional, rather than Carlsbad-
only, program.
Finally, consistent with the requirements of the approved Agricultural Conversion Mitigation
Fund grant, the signed MOU states SANDAG agrees to retain the original records for at least 5
years from the date of project completion and make them available to the City of Carlsbad upon
request.
If you have any questions or need further clarification, please feel free to contact me at extension
2738.
----
August 27, 2008
RECEIVED
AUG 2 7 2008
CITY OF CARLSBAD .
PLANNING DEPT
Agricultural Conversion Mitigation Fee Grant Project Status Summary
Lagoon Monitoring and Management Plan Program
Grant Proposal No. AGP-06-12, April 29, 2008
Funding Schedule
Funding for this project is to be provided in advance on or before the date indicated in
the "date Funded" funded column below. Total project funding of $780,589 was
approved, with the stipulation that $74,995 of that total be 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 below.
The remaining $705,594 of the approved project funds will be held pending review of
the report of the results of the study report, expected to be completed within 6 months
from approval of the formal grant agreement. If the balance of funding is approved by
the City, a revised funding schedule, and project schedule and milestones will be
submitted
Period Date Funded Amount Funded Cumulative Funding
Year1 March (As soon as $23,995 $23,995
possible after grant
agreement
aooroval), 2008
Year1 March (As soon as $23,995 $23,995
possible after grant
agreement
annrovall, 2008
Year2 Julv 1, 2009 $15,000 $38,995
Year3 Julv1,2010 $3,000 $41,995
Year4 Julv1,2011 $15,000 $56,995
Year5 Julv1,2012 $3,000 $59,995
1
I Year 6 1 July 1, 2013 1 $15,ooo 1 $74,995
Project Schedule and Milestones
The following summarizes the key task schedule and completion milestones for the
project.
Task Start Completion Completion
Milestone
Year 1: Data March (As soon as January 30, 2009 Submission of study
4
Collection, Physical possible after grant results report by
Monitoring agreement Merkel &
(Bathymetric and approval) Associates.
Beach Monitoring
and Tidal Monitoring
Year 1: March (As soon as June 30, 2009 Submission of
Maintenance possible after grant summary report of
Activities agreement maintenance
approval) activities by the
Batiquitos Lagoon
Foundation
Year 2: July 1, 2009 June 30, 2010 Submission of
Maintenance summary report of
Activities maintenance
activities by the
Batiquitos Lagoon
Foundation
Year 3: July 1, 2010 June 30, 2011 Submission of
Maintenance summary report of
Activities maintenance
activities by the
Batiquitos Lagoon
Foundation
Year 4: July 1, 2011 June 30, 2012 Submission of
Maintenance summary report of
Activities maintenance
activities by the
Batiquitos Lagoon
Foundation
Year 5: July 1, 2012 June 30, 2013 Submission of
Maintenance summary report of
Activities maintenance
activities by the
Batiquitos Lagoon
Foundation
Year 6: July 1, 2013 June 30, 2014 Submission of
Maintenance summary report of
Activities maintenance
2
activities by the
Batiquitos Lagoon
Foundation
Project Status
• The BLF entered into a consulting agreement with Merkel & Associated, Inc. on
March 2, 2008 for the following (Note: No costs were incurred under this agreement
until the grant agreement was executed):
Task 1.1: Physical Monitoring Program
Bathymetric and Beach Monitoring: To assess the volume of sediment accreted
from offshore, San Marcos Creek, and Encinitas Creek, surface runoff,, and other
watershed drainage, bathymetric survey of Batiquitos Lagoon will be conducted
in the Spring 2008. The survey will include all areas of the west, central, and
east basins of the lagoon below the line of vegetation. Contour plots will be
generated to document current conditions and provide a comparison to earlier,
post-restoration conditions.
Tidal Monitoring: To document the degree of tidal muting occurring in the
Batiquitos Lagoon system, a tidal program will be initiated in the Spring 2008 and
continue for one quarter (March, April, and May). Instruments will be deployed in
each basin of the lagoon. Collected data will be compared to measured oceanic
tides and the degree of tidal muting and lag determined.
• On April 29, 2008, Mayor Lewis signed the agreement and authorized funding the
project as described above.
• On May 15, 2008, a kick-off meeting was held with: Tim Dillingham, Manager,
Batiquitos Lagoon Ecological Reserve, California Department of Fish and Game;
Rachel Woodfield, Merkel & Associates; Dr. Anne Spacie, Science Advisor and BLF
Board Member; and Fred Sandquist, President, BLF. The project scope was
discussed. Since work needed to be conducted from the water and a significant
high tide was required to do the work, it was decided that July 2nd and July 31 st
timeframes would be appropriate. ·
• Because of when the project agreement was approved, Merkel & Associates were
delayed in getting tide gages into the water and bathymetric data collection until
early in the summer due to funding, access, and lagoon high tides (required for "on
water" field work). Work began at the first available extreme high tide on July 2,
2008. At that time, tide loggers were deployed in the West, Central, and East basins
and collected bathymetric data in all areas not vegetated by eelgrass. Some
problems were encountered in getting into some of the areas. On July 10, 2008,
Merkel & Associates field team shot in the elevations of each of the tide loggers. On
August 11, 12, and 13, 2008, the field team collected bathymetric data in the
vegetated areas using a different technique to penetrate the eelgrass. On August
28, 2008, the team expects to fill in a few gaps in bathymetry in the central basin.
Once the data are worked up, the team may need to visit the site once more to fill in
3
any gaps that become apparent. Since the tide loggers are to be deployed for one
full quarter, we will retrieve them around October 2. Merkel & Associates have
collected approximately 85% of the bathymetric field data and are awaiting the
extraction of the tide loggers to post-process data for barometric pressure and tide
correction. The tide loggers will be pulled after the last bathymetric data collection is
completed. This extraction is expected to occur in the October 2, 2008 timeframe.
• Status of the results of the 10 year lagoon monitoring report conducted and prepared
by Merkel & Associates: The report is in preparation and is now to include the
physical context provided by the present bathymetric data collection and tidal
monitoring data being collected under the current project. Since the original lagoon
monitoring program primarily focused on biological aspects of the lagoon, this new
data and information, albeit fairly spartan in terms of the long monitoring history, will
add significantly to understanding of the lagoon dynamics, and biological, chemical,
and physical conditions. Some sections of the report are currently out for sub-
consultant review, while others are still being prepared. Rachel Woodfield from
Merkel & Associates is the principal working on this document and it is projected to
be out formally in the November 2008 timeframe.
• BLF Volunteer Monitoring Program status: During the last 10 months, a. team of
three volunteers spent about 160 hours working to develop protocols for sampling
key points around the lagoon. Our main focus is on the eastern end of the lagoon
where San Marcos Creek and Encinitas Creek contribute freshwater and sediment
to the system. Preliminary tests during dry weather (July 2008) showed that
brackish water extends well into the lower portions of both creeks. Tidal flow is
visible at the Albertson's/La Costa Resort area of San Marcos Creek. These
observations will need to be confirmed at several times over the tidal cycle and
during various stages of creek flow. This information is critical to understanding the
input of sediment and dissolved chemicals to the lagoon from the two watersheds.
This information will be shared with Merkel & Associates.
The BLF Volunteers are also in the process of coordinating our testing program with
that of San Diego Coast Keepers, which maintains a data base on upper San
Marcos Creek, San Luis Rey River, and several other north county watersheds.
They have an established quality control program that will insure the collection of
defensible data by our volunteers. Our members have gone through the Coast
Keepers training program and will be using identical protocols for sample collection
and analysis. In addition to typical water quality measurements such as dissolved
oxygen and pH, the Coast Keepers program will allow bacteriological sampling of
the marine portions of the lagoon as well. There are plans for heavy metals testing
to be added to the protocols within the next year. All of this information will be
essential to the development of a lagoon management plan.
4
Maintenance Activity Status
• Pre-restoration work began along the Batiquitos Lagoon North Shore Trail though
BLF's cadre of volunteers, including employees from REI (Encinitas) and lnvitrogen,
and working parties from Temple Shalom, local Girl Scout troops, Volunteer San
Diego, Kid's Corps, and Carlsbad High School's Environmental Science Club. This
work is part of BLF's ongoing Weed-whackingl'frail Maintenance volunteer event
conducted twice each month, the first and third Saturday's of each month, 12
months a year. Sessions are 4 hours, with credit given for community service hours
where appropriate.
• A pre-order was placed with Tree of Life Nursery for native plants, to be planted
during late 2008/early 2009 wet season. The nursery will be growing the plants for
our fall/winter planting. By buying the plants in advance, we guarantee their
availability when needed. Grant funds in the amount of $1,048.41 ( copy attached).
5
/
TREE OF LIFE NURSERY
P.O. Box635
SAN JUAN CAPISTRANO, CA 92693
" TEL. (949) 728-0685 · FAX (949) 728-0509
Sow To: Batiquitos Lagoon Foundation
Preserve, Protect & Enhance
Post Office Box 130491
Carlsbad CA 92013-0491
" No .. 8343
QUOTE
Attn:Dave
Sm, To: Batiquitos Lagoon Foundation
Preserve, Protect & Enhance
Post Office Box 130491
Carlsbad CA 92013-0
PHONE: 760/845/3501 FAX:
ACCOUNT Nu-r.rnER Quon DATE SHIP VIA COMMENTS PAGE'
BAT LAG 7/24/08
PURCltASE ORDER# DATE fXPlRES SALESPERSON
8/23/08 Gene Ratcliffe
Q_TY ITEM#/ SIZE DESCRIPTION
12 QUERAGRIIG Quercus agrifolia
18 HETBARBU5G Heteromeles arbutifolia
16 CEANARB05G Ceanothus arboreus
15 RHUSINTE5G Rhus integrifolia
25 ARTECALI JG Artemisia californica
20 CLEOISOM 10 Cleome isomeris (lsomeris arborea)
12 ENCECALIIG Encelia californica
12 LEYMCOND!O Leymus condensatus
6 RHAM SAN BRUN 10 Rl,am1ms 'Mound San Bnmo'
-l~ '{~!
s uvVlrst-7--@. ~' /\,d-
IL
UNtTPRICE
Sales Tax
Total
4.25
11.55
13.60
13.20
3.80
4.25
3.80
3.80
4.55
1
TERMS
C.O.D.
EXTENDED PRICE
51.00
207.90
217.60
198.00
95.00
85.00
45.60
45.60
27.30
973.00
75.41
1,048.41
INVOICE Noi · 3122s
NURSERY
A California Corporation Attn: Saildqllist .. Sold To: · Bntiquitos Lagoon Foundation:
Preserve, Protect & Enhance '
Post Office Box 130491 ··
Batiquitos Lagoon Foundation
Preserve, Protect & Enhance
Post Office Box 130491 . . Carlsbad CA .Carlsbad . CA92013-0491
\760/845/350i . .
TEIIMI CF SALE, Trae of Life Nu""!'• Term, o1 sale are c.o.o, uni;;; Blll'f lies oblair,ilp,1or credit BPotll'lli lrom us. I a,ott 1,pfu.epprimd, pa~ i!lell re ,!ui,
within lh!ily days of ,hlprnenl A service cha!ge ol 2% per mornt,(21% per yeai), shall re pe~ on ~I pasl due ,num Bl.\01...,,,. Mrlhlp end r,sponslbm~ lor gooils Sale Amount
at Iha tlms of shipment; hcwi'ever, Tme ol lif& Nurasry 1atalns a vendor's Interest hi all i;ioods ootlt wch ·have been' paid lor hi full'. · ·
Labor
. Credii.
NON WAIIRAHIY, NOH -r .. cl Ule t1mygi,;, no -~. e,;,res, Of "'1>Hed, .. lo qualfy, varle,y, !le,c,ipiioo; pn,ludlvfy, !f</ttloltabm~ or ""'"·s,cwd
In planting or llW!lialllng of any ,eeils, bulb$ or m,r,"l' ,loci< II s,11> .. seuer "'""' Ille r/ohl lo prorale or """I any orilef, ,ii<! no lial)lllly 1, -tor delzt ct t,Jklre
to d,!Jvar cau5e_d by strlltes, fire, frost. llood, d1ougit, dlsea,e, embatgi)s; or any other tuttlm,tanw tt ·con1ingenclas beyond our control;: All nursery stock ls offered for $I.le
,ubjed lo crop yield end prior sale. Um""Jon ol UebUily: Tree ol LI• Nu""!'• mailmum lobl!I~, ll11elher co,_el or lor oogHaenoo or """'1se, Is llm""1 In emoont lo
t!is amounl paid to Tree ol LIie Nurse!)' tor the purctia"se ot seeds, bulbs or nutSeiy stock under all cin:~tances and regardless of~ nal!Jre,: cause or emnto! !he loss. , . . -~livery ·
RECEl~Ne a ACCS'TAHCE: N"""Y ,lock and soot ar. perlsheble. · All ,hlprnenls s/iould be lmmo!ialeli and cet,IJJI~ lnspici,d upoo enfval end llm Pi"'!l In p!llllOf ·. c
storaga. Any'problems witll the condition or quality or quanlifV of .s.toct~hlpped shoutd be broogli lo our atlention lmmedlatBly, . ·. ·!., _ ' _._ ' · :· :.·; .
ADJUSTMENTS a Ct.AJMS: Claims for any cause Including amm Involving storage1 variance !n _giaoo, type,:vaf!.-Y, spocfes an~ damag~ eMIIJla musl be rnada ln wriilng
within 10 rlai, eJler arrival ol gooils, which petiod ol time Is -~agreed to re reasc/leblo. 11 Blljer doe, not give such notla,, Buyer agree, lo haw.lrmcably and
uncondltlooa:[IY accep!ed tila goods. Tree of Ule Nu13t1Y furthermOil! ~II not conjider 'any cia!m alter stock has ~n proces.serJ,-lmpioper~ stored; 'planted, ·or O!hmm8
traatad, modified or US&d In any way. Clalms for losses \dllla goods am still In 11~!1 must be ll!ed directly Wi1h the carrier. · · ·
TREEOFUFENURSERY CR ' · '
flll!Mlm........ 11ECEJVED m ACcEPmJ OIi me ABm '(EIIIIS BY · ,,x _ _,....,,.,-.,...,..-'--"'---,-----'--'-
. ..::·_
. Other
Sales Tax
.'TOTAL
Receiving Copy
Kevin Pointer -F\V: Upcoming Public Meeting
From:
To:
Date:
Sub_ject:
CC:
Hi Kevin
"Eric Munoz" <emunoz@hofmanplanning.com>
<kpoin@ci.carlsbad.ca.us>
08/26/2008 I 0: I 7 AM
FW: Upcoming Public Meeting
'"Ken Alfrey"' <ken@dgwest.com>, "'Steve LePage"' <slepage@m-rep.com>,
<nkweaver@aguahedionda.org>
RE: update on our grant efforts:
Page I of2
(,1 .._YJ 1. Discovery Center improvements; as disclosed in our grant application, we are using separate grant funds to ~j / plan out our master plan of DC improvements. Once that plan is finalized and approved by our Board, funding o/ will come from the city ag grant consistent with the elements contained in the grant approval by the city.
Q 2. Trails: the intent of this grant was to fund trail links, maintenance, etc in concert with the city and holistic trail
\9 . network around the lagoon. We are looking at various opportunities to maximize this money and are working ~ ,'? with our Board, city staff and other stakeholders to strategically utilize the acquired grant money consistent with
0
,.// city approval of funds based on trails proposal submitted by AHLF.
1/ Can above summary suffice for your requested summary?
I have copied both VP's from AHLF (Ken Alfrey and Steve LePage) and DC Director Nikki Weaver.
Thank you -EM
AHLF President
26 August 2008
Eric Munoz
Director of Planning
Hofman Planning & Engineering
3152 Lionshead Avenue
Carlsbad, CA 92010
direct phone: 760.692.4011
file://C:\Documents and Settings\Kpoin\Local Settings\Temp\XPGrpWise\48B3D82BG... 08/27/2008
office phone: 760.692.4100
fax:
email:
website:
760.692.4105
!3muno2@hofmanplannin_g.cqm
www.h.o.fm,u1pl?r1ning,com
From: Kevin Pointer [mailto:Kpoin@ci.carlsbad.ca.us]
Sent: Monday, August 25, 2008 4:36 PM
Page 2 of2
To: kcinciarelli@adelphia.net; kjjb@adelphia.net; ccc@carltas.com; SRMDuvall@ccdsd.org; Steve Jantz;
akamauro@cox.net; RC53@cox.net; reggantle@cox.net; rideouts@cox.net; sandquist2@earthlink.net; Eric
Munoz; Tom.E.Maddox@Lowes.com; kmerkel@merkelinc.com; dandd2@peoplepc.com;
jdhuckabay@sbcglobal.net; tdolkas@sdcoe.k12.ca.us
Subject: Upcoming Public Meeting
PUBLIC MEETING NOTICE
**Upcoming Agricultural Conversion Mitigation Fee Ad Hoc Committee Meeting**
Tuesday, September 2, 2008
1 :OOpm • 3:00pm
City of Carlsbad, Faraday Center
1635 Faraday Avenue, Carlsbad CA
NOTICE IS HEREBY GIVEN that the Agricultural Conversion Mitigation Fee Ad Hoc Citizens'
Advisory Committee of the City of Carlsbad will hold a public meeting at the Faraday Center, 1635
Faraday Avenue, Carlsbad, California, from 1:00 p.m. to 3:00 p.m. in Room 173A on Tuesday,
September 2, 2008.
Those persons with interest are cordially invited to attend. Copies of the meeting agenda and agenda
packet will be available online at httpAwww,carlsbadca,gov/pdfdoc.html?pid=303 on or after
Thursday, August 28, 2008.
If you have any questions regarding the upcoming meeting, please contact Kevin Pointer in the
Planning Department at (760) 602-4620, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday
8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008.
The City of Carlsbad is committed to making its programs and services available to all persons in
accordance with the Americans with Disabilities Act of 1990 (ADA). Persons with a disability may
request an agenda packet in appropriate alternative formats as provided by ADA by contacting the
Planning Department at (760) 602-4610. All persons requiring reasonable accommodations or
auxiliary aids in order to effectively participate in the meeting may contact the Planning Department by
noon on Friday, August 29, 2009 to make such arrangements.
file://C:\Documents and Settings\Kpoin\Local Settings\Temp\XPGrp Wisc\48B3D82BG... 08/27/2008
CATHOLIC CHARITIES
Report to Agricultural Conversion Mitigation Fee
Ad Hoc Committee
Ad111i11istralio11
Proposal Submitted: September 2006
Construction new farm worker housing/homeless shelter at La Posada de
Guadalupe
Funding awarded: February 2007 RECEIVED $2,000,000. $108,500 immediate release for design work
Funding Agreement: March 2008
Expenditures to date: O
Progress:
AUG 2 7 2008
CITY OF CARLSBAD
PLANNING DEPT
As of August 2008 Catholic Charities has not expended any of the grant funds allocated for design expenses.
Catholic Charities was requested by the Carlsbad City Council to provide the design plans with a construction
budget to assure that the stated goals of the project could be accomplished. Catholic Charities agreed and told
the City Council that we believe that construction funding would need some augmentation and that state
construction funds for Farm Worker Housing were available. We also stated that the real challenge would be in
identifying operation funds for the new farm worker housing program.
We estimate that the cost of operations for the new facility and La Posada combined will be 250% higher than
our current costs.
The two primary state funding sources for operations are FESG and EHAP (State Emergency Housing funds).
Both funds have experienced significant cuts and increased competition. catholic Charities relies upon both of
these state funds to operate La Posada. The revenue for La Posada comes primarily from three sources -State
Emergency Housing funds $40,000 -60,000, caring Residents of Carlsbad $30, 000, and the City of Carlsbad ·
CDBG $5,000. Catholic Charities fills in the gap with funding from our general appeal fund. Each year Catholic
Charities contributes a minimum of $100,000 toward operations. Catholic Charities cannot absorb any additional
costs for operating the new facility. Before we can move forward we must find ongoing funding for operations.
Our grant writer has been diligent in her search to identify program operations funding for Farm Worker Housing.
We continue to look but given the current economic climate in the state and nation we are not optimistic that
such a fund will be found. We will continue to explore every possibility at the state and federal levels.
We would welcome a discussion with the committee that would explore our shared desire to provide housing for
farm workers and the harsh reality of the current funding opportunities.
August 26, 2008
~ Catholic L J Charities
Diocese of San Diego
349 Ccdnr Street, San Diego, California 92101-3197 "' Tel. (619) 231-2828 * Fax (619) 234-2272
rvtcmbcr Agency of United Way * tvtcrnbcr Agency of Catholic Charilics USA