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Home My WebLink About2008-11-17; Agricultural Conversion Mitigation Fee Committee Ad Hoc; ; Report to Committee on Awarded Grant AGP 06-12 (Batiquitos Lagoon Monitoring/Management Plan)Subject: Meeting Date: November 17, 2008 Agenda Item #5 CITY OF CARLSBAD AGRICULTURAL COVNERSION MITIGATION FEE AD HOC CITIZENS' ADVISORY COMMITTEE Report to Committee on Awarded Grant AGP 06-12 (Batiquitos Lagoon Monitoring/Management Plan) November 17, 2008 On February 19, 2008 City Council approved Resolution 2008-050 allocating grant funds for four (4) agricultural conversion mitigation projects. Of those four projects awarded with grant funding,-AGP 06-12 (Batiquitos Monitoring/Management)-was awarded with specific project stipulations. Although a total of $780,589 was encumbered, only $74,995 was authorized for disbursement "to permit some data collecting and reporting and maintenance as described in the [Batiquitos Lagoon] Foundation's December 17, 2007 letter to the City. Funding for part or all of the remaining encumbered balance may first require Agricultural Conversion Mitigation Fee Committee review and shall require City Counci.l approval within approximately nine months from the date of City Council action as expressed in Resolution 2008-050." A copy of the approving resolution containing the aforementioned project stipulations is attached to this report as Exhibit 1. As reported to the Committee at the September 2, 2008 meeting, deferment of funding for the nine-month period took place because it was anticipated that during that time the following objectives would be achieved: • Identification of the California Department of Fish and Game's (DFG's) stewardship responsibilities and capabilities; • Assessment of the current health of the lagoon; and, • Possible identification of any needed actions. Over the course of this nine-month period, the above objectives have not been achieved. Accordingly, the City is still awaiting submittal of the 10-year monitoring report commissioned as a follow-up to the Batiquitos Lagoon Marine Habitat Enhancement Project, which began in 1996. The function of this report will serve to analyze/assess the health of the lagoon. Without an analysis of lagoon health, the City is neither able to frame discussion with DFG, nor able to identify any needed actions. As such, staff recommends that discussion regarding funding all or part of the remaining encumbered balance be postponed until additional information is obtained. It is anticipated that staff will obtain additional information through receipt of a draft version of the 10-year monitoring report from the City's consultant, Merkel and Associates, Inc., by the end of January 2009. A draft version of the report will be distributed to the City and the Port of Los Angeles for comments. Within approximately 60 days from distribution, it is anticipated that Merkel and Associates will release the final report incorporating comments from the Port of Los Angeles and the City. It is further expected that that this report will prompt subsequent conversation between the City and DFG, upon which the Committee may base further discussion regarding this grant award. Respectfully Submitted, PLANNING DEPARTMENT Exhibit 1: Resolution 2008-050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2008-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN ALLOCATION OF GRANT FUNDS FROM THE AGRICULTURAL CONVERSION MITIGATION FEE FUND BASED UPON THE RECOMMENDATIONS OF THE AGRICULTURAL CONVERSION MITIGATION FEE COMMITTEE AND CITY STAFF WHEREAS, on August 2, 2005, the Carlsbad City Council created the Agricultural Conversion Mitigation Fee Ad Hoc Citizens' Advisory Committee (i.e., the Committee); and WHEREAS, the principal charge of the Committee is 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; and WHEREAS, on May 16, 2006, the Carlsbad City Council approved the Committee's First Report to City Council, containing a detailed proposal of how the Committee would operate to carry out its mandate including how the Committee would evaluate grant proposals; and WHEREAS, the Committee solicited grant proposals and evaluated all proposals received for eligibility and merit in a manner consistent with the approved First Report to City Council; and WHEREAS, based upon the Committee's review, which occurred over three meetings on November 18, 2006, April 27, 2007, and June 6, 2007, the Committee hereby recommends that the City Council approve the allocation of funds from the Agricultural Conversion Mitigation Fee Fund to the recipients in the amounts shown on the attached "Exhibit A -Funding Recommendations," subject to the stipulation in Exhibit A regarding Catholic Charities (AGP 06~16); and WHEREAS, once agricultural activities in Carlsbad diminish to the point that the shelter is no longer needed for farmworkers as determined by the City Council after consultations with the applicant, the shelter shall accommodate homeless persons, including families; and Exhibit 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, subsequent to the Committee's review, staff performed further analysis of the Batiquitos Lagoon Foundation's (BLF) request to develop a Batiquitos Lagoon Management and Monitoring Plan Program (AGP 06-12) and determined it would not be prudent to fund the entire amount requested due to concerns regarding the lagoon stewardship responsibilities of the Department of Fish and Game (DFG) and the lack of substantive data on the lagoon's condition and maintenance needs, which could affect the program proposed by BLF,and WHEREAS, based on those concerns, staff recommends partial funding of AGP 06-12 at this time per the additional stipulation in Exhibit A regarding the BLF, which would enable the foundation to conduct maintenance activities outside DFG stewardship responsibilities and collect and report on data important to determine the lagoon's condition. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council hereby approves the allocation of grant funds from the Agricultural Conversion Mitigation Fee Fund to the recipients in the amounts shown on the attached "Exhibit A -Funding Recommendations," subject to the stipulations in Exhibit A, and subject to the final signing by both the grant recipient and the Mayor of a letter of agreement approved as to form by the City Attorney itemizing the agreed-upon project milestones and the agreed-upon timing of the release of funds. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill '·-_ .. ,.., , .......... ~, ... ~ .. ·~·"'· ~' -2- ...... ,. ......... ··•··· ·•···• ······ ........ ,..,,_., _____ ,,~-~---- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the Carlsbad on the 19th day of February, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: AGRICULTURAL CONVERSION MITIGATION FEE COMMITTEE ADDITIONAL FUNDING RECOMMENDATIONS EXIDBIT "A" FUNDING RECOMMENDATIONS PROPOSAL PROPOSAL PROPOSAL DESCRIPTION APPLICANT FUNDING # NAME REQUESTED & RECOMMENDED AGP 06-03 BLF Nature Center Nature Center replacement and Batiquitos Lagoon $180,732 Improvements improvements Foundation AGP 06-12 Bat Lagoon Monitor and develop lagoon Batiquitos Lagoon $780,589* Mon'g/Mgmt Plan management plan program Foundation AGP 06-16 La.Posada· Construction of new Catholic Charities $2,000,000* Farmworker farmworker housing/homeless Housing shelter at La Posada de Guadalupe AGP 06-13 AH Lagoon Trails Maintenance and construction Agua Hedionda $305,750 of trails around Agua Hedionda Lagoon Foundation Lagoon TOTAL $3,267,071 *Stipulations: • For AGP 06-12 (Batiquitos Lagoon Foundation): Encumber entire request indicated, but at this time fund only $74,995 to permit some data collecting and reporting and maintenance as described in the Foundation's December 13, 2007, letter to the City. Funding of part or all of the remaining encumbered balance may first require Agricultural Conversion Mitigation Fee Committee review and shall require City Council approval within approximately nine months.from the date of City Council action as expressed in Resolution 2008-050. • For AGP 06-16 (Catholic Charities): Encumber entire request indicated, but at this time fund only $108,500 to allow design work Funding of part or all of the remaining encumbered balance shall first require Agricultural Conversion Mitigation Fee Committee review and City Council approval. Further, once agricultural activities in Carlsbad diminish to the point that this shelter is no longer needed for farmworkers as determined by the City Council after consultations with the applicant, the farmworker portion of the shelter shall accommodate homeless persons, including families.