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HomeMy WebLinkAbout2009-07-06; Agricultural Conversion Mitigation Fee Committee Ad Hoc; ; Committee Discussion on Renewal of the Committee’s TermJuly 6, 2009 Agenda Item #4 Page 1 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS’ ADVISORY COMMITTEE Subject: Committee Discussion on Renewal of the Committee’s Term Meeting Date: July 6, 2009 On August 2, 2009, the term of the Agricultural Conversion Mitigation Fee Ad Hoc Citizens’ Advisory Committee (Committee) will expire. The purpose of this report is to provide the Committee with information related to the potential renewal of the Committee’s term. Background: On August 2, 2005, the City Council adopted Resolution 2005-242 (Exhibit 4-1), which achieved the following: As required by the City’s Zoning Ordinance and Local Coastal Program, the Agricultural Conversion Mitigation Fee Ad Hoc Citizens’ Advisory Committee was created for a four year term (ending on August 2, 2009), or until all Agricultural Conversion Mitigation Fee (ACMF) funds are allocated, whichever occurs first. Note: Since not all coastal agricultural land has converted to urban uses, additional Agricultural Conversion Mitigation Fees (estimated between $1 and $1.5 million) will continue to be collected, and thus the ACMF funds have not been completely allocated. Seven members were appointed to the Committee. Additionally, staff from the California Coastal Conservancy and the City of Carlsbad were established as ex-officio, non-voting members of the Committee to provide support and advice as appropriate. A budget not to exceed $5,000 for the first year and $3,000 for subsequent years was appropriated from the fund to support the work of the Committee (staff/consultant support). Note: This budget equates to $14,000 for the four years of the Committee’s term. Over the past four years, the Committee has utilized $3,354.67 of the $14,000 budget. City Council Resolution 2006-132 established an additional budget of $10,000 for grant solicitation activities (notices, advertising, etc.). Renewal of Committee’s term: The following information describes two primary reasons to renew the Committee’s term: 1. Remaining work associated with the grants awarded in 2008. Two grants awarded in 2008 require additional review and recommendations by the Committee (awarded grant project (AGP) 06-12 - Batiquitos Lagoon Monitoring and Management Plan and AGP 06- Page 2 16 - La Posada Farm Worker Housing. The Committee recommended that the full amount requested for both projects be encumbered, but only a portion of the encumbered amounts be funded to enable the grantees to conduct additional research and design work. After completion of the research and design work, the projects are required (pursuant to City Council Resolution 2008-050) to return to the Committee for review and reevaluation of the requested funds. Based on the additional research and design work provided for each project, the Committee will make recommendations to the City Council on funding the remaining encumbered grant balances. In addition to City Council Resolution 2008-050, Committee recommendation on the remaining grant balances for AGP 06-12 and AGP 06-16 is required pursuant to Zoning Ordinance Section 21.202.060. Section 21.202.060 states that expenditure of the ACMF funds is subject to the recommendation of the Committee, therefore, the remaining grant balances for AGP 06-12 and AGP 06-16 cannot be funded without the recommendation of the Committee. 2. Potential for a future grant application process to allocate additional funds from the ACMF account. If grants are awarded by the City Council on July 28, 2009 consistent with the Committee’s recommendation, the remaining balance in the ACMF fund will be approximately $44,150. Over time, the fund will grow as interest accrues and as fees are paid when existing coastal agricultural land converts to urban uses (there is also the potential for previously awarded grant funds to be reprogrammed back into the fund). Staff believes that the $44,150, which would likely be available after 2009 grants are awarded, is not sufficient to justify another grant application process. A larger balance will provide more options and flexibility when considering funding of projects. Staff is not able to determine when the fund balance will increase; therefore, it is not possible to assess when another grant application process might occur. If the Committee chooses to recommend renewal of their term, the following are a couple options to consider: At a minimum, renew the Committee’s term for a period of time that is sufficient to complete the Committee’s remaining responsibilities associated with the release of funds for AGP 06-12 and AGP 06-16. It is possible that the grantees of AGP 06-12 and AGP 06-16 may request funding of the remaining grant balances within the next six months to one year; however, that time may be longer. Renew the Committee’s term for another four years, or until all ACMF funds are allocated (same as the original term). This option would provide sufficient time for the Committee to make final funding recommendations for AGP 06-12 and AGP 06-16, and, as the ACMF fund grows, would provide time to allocate additional or all ACMF funds. If the Committee recommends City Council renewal of their term, the Committee may wish to recommend that the Committee be required to meet a minimum of once annually instead of twice annually (as currently required). The Committee could meet more than once annually if there is a need to, but at a minimum the annual meeting would serve to provide the Committee with: 1) an update on the status of awarded grant projects; 2) an update on the available fund balance; and 3) an opportunity to consider solicitation of grant applications to allocate the available fund balance. Additionally, if the Committee requests a renewal of their term, the Page 3 support budget will need to be reestablished. The $14,000 support budget is based on the Committee’s four year term. Staff would recommend a new support budget be established in the same annual amount approved for the four year term ($3,000 per each year of the term). The funds for the support budget are appropriated from the ACMF fund. Should the Committee’s term be renewed, at the end of that renewed term, the Committee may consider recommending to City Council either: 1) extending the Committee’s term again; or 2) allowing the Committee to “sunset”, to be reconstituted at a later time when the need arises. Staff requests that members of the Committee indicate whether they are interested in serving continued terms. Each Committee member’s interest in reappointment will be forwarded to the City Council for consideration. Respectfully Submitted, PLANNING DEPARTMENT Exhibits: 4-1. Resolution 2005-242