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HomeMy WebLinkAbout2009-02-17; City Council; 19731; Agrucultural conversion mitigation fee committeeCITY OF CARLSBAD - AGENDA BILL 8 AB# 19,731 MTG. 02/17/09 DEPT. PLN AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE DEPT. HEAD }ffl W CITY ATTY. <&*• CITY MGR. U/ — - RECOMMENDED ACTION: That the City Council ADOPT Resolution No.2009-039 APPROVING revisions to the Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee's approved method of carrying out its directive and AUTHORIZING said Committee to proceed with the solicitation of project proposals for funding consideration to implement the Agricultural Conversion Mitigation Fee Program. ITEM EXPLANATION: Background • August 2, 2005 - the City Council created and appointed the Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee (Committee) for a four year term, which expires on August 2, 2009. A membership roster has been attached to this report as Exhibit 2. The principal charge of the Committee is to make recommendations to the City Council for proposed expenditures from the Agriculture Conversion Mitigation Fee Fund (Fund) in keeping with the procedures established by Municipal Code Section 21.202.060. • May 16, 2006 - City Council approved the Committee's method of carrying out its directive (Method). • May 2006 through June 2007 - the Committee solicited and evaluated 16 grant applications. • February 13, 2007 and February 19, 2008 - the City Council considered the Committee's recommendations resulting from the application solicitation/evaluation process, and approved a total of thirteen grant awards totaling $6,567,571. • September 2, 2008, November 17, 2008 and January 6, 2009 - Committee held meetings to discuss the status of the Fund and to review projects that were issued grants from the Fund. A list of meetings the Committee has held to-date is attached to this report as Exhibit 3. • As of the date of preparation of this report, staff has disbursed $1 ,447,495 to grantees of the program. Of the thirteen projects awarded with grants: o Four (4) grantees have received full funding disbursement; o Seven (7) grantees have received partial funding disbursement; and o Two (2) grantees have yet to receive any funding disbursement. Exhibit 4 provides an update on the status of all grants awarded through the Fund by the City Council in 2007 and 2008. Of the 13 projects for which grants have been awarded, all but one has been identified DEPARTMENT CONTACT: Kevin Pointer 760-4620 kpoin@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED B DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 by individual applicants as meeting scheduling targets. The outstanding project in question is La Posada Farm Worker Housing (AGP 06-16). A detailed status update on the La Posada Farm Worker Housing Project is attached as Exhibit 5. Modifications to Committee's Method Based on administration of the grant application solicitation, evaluation and award process initiated in 2006, the Committee has been provided with the benefit of analyzing strengths and weakness of the process. In order to improve upon the process utilized in 2006, the Committee recommends that the Council modify the Committee's Method to: a) provide more flexibility in the requirement for applicants to submit a certified financial statement, b) clarify the intended use of the evaluation criteria form, and c) update/clarify information contained in the Method documents and application form. An expanded discussion and summary of recommended changes to the Committee's Method is attached as Exhibit 6. Additionally, all recommended modifications to the Committee's Method have been incorporated in strikeout/underline format and attached as Exhibit 7. Request for Authorization to Solicit Grant Applications Of the balance within the Fund, approximately $773,029 remains available for award to additional agricultural conversion mitigation projects. In accordance with the Committee's Method, it is expected that, "sufficient eligible and meritorious project proposals will be received to justify expenditure of all available funds before the Committee sunsets (four years from August 2, 2005)." In an effort to expend all available funds before August 2, 2009 (Committee's sunset date), the Committee is requesting authorization to solicit applications for grant requests. It is anticipated that with the Council's consent, grant applications will be accepted between February and April 2009, and the Committee will evaluate the applications in May and June 2009. According to the tentative timeline, staff is expected to return to Council in early August 2009 with the Committee's recommendations to encumber and grant the remaining/available funding. Pursuant to City Council Resolution 2006-132, the Committee was provided with a budget of $10,000 from the Fund to finance the application solicitation process. Of the $10,000, $6,908.83 remains available to fund the 2009 application solicitation process. FISCAL IMPACT: Agricultural Conversion Mitigation fees are collected as lands subject to the fee are developed. These fees have been set-aside in a special city fund dedicated to providing the types of grants the Committee will consider during the project solicitation/evaluation process. The balance available in the Fund that may be allocated for grant awards totals approximately $773,028.53. Additionally, $10,645.33 remains available to cover administrative costs of the Committee. The only direct cost to the City resulting from the recommended action will be the staff time associated with the on-going operations of the Committee. ENVIRONMENTAL IMPACT: The recommended action (revisions to the Committee's Method and authorization for the Committee to proceed with the solicitation of applications for grant requests) does not constitute a "project" pursuant to Section 15378(b)(4) of the California Environmental Quality Act (CEQA) and no environmental review is required. Individual project grants/expenditure proposals may, however require environmental review based upon the nature of the individual proposals. Any projects that receive grant funds will be required to comply with any applicable CEQA requirements. Page3 EXHIBITS: 1. City Council Resolution No. 2009-039 2. Committee Membership Roster 3. Committee Meetings Held 4. Breakdown of Encumbrances and Disbursements from the Fund for Projects Receiving Grant Award 5. Status Update on La Posada Farm Worker Housing Project (AGP 06-16) 6. Discussion and Summary of Recommended Changes to Committee's Method of Carrying out its Directive 7. Strikeout/Underline Version of Modified Method of Carrying Out the Committee's Directive. EXHIBIT 1 1 RESOLUTION NO. 2009-039 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING REVISIONS TO THE 3 AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE'S METHOD OF CARRYING 4 OUT ITS DIRECTIVE AND AUTHORIZING SAID COMMITTEE TO PROCEED WITH THE SOLICITATION OF APPLICATIONS 5 FOR GRANT REQUESTS TO IMPLEMENT THE AGRICULTURAL CONVERSION MITIGATION FEE PROGRAM. 6 CASE NAME: AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY 7 COMMITTEE 8 WHEREAS, on August 2, 2005 the Carlsbad City Council created the Agricultural 9 Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee (Committee); and 10 WHEREAS, the principal charge of the Committee is to make recommendations to the City Council for proposed expenditures (Grants) from the Agricultural Conversion 12 Mitigation Fee fund (Fund) in keeping with the directives established by Municipal Code Section 13 21.202.060; and 14 WHEREAS, on May 16, 2006 the Carlsbad City Council adopted Resolution 2006-132 approving the Committee's "method of carrying out its directive" (Method) and authorizing the Committee to proceed with solicitation of applications for grant requests, and 1' authorized a budget for the application solicitation process; and 1 8 WHEREAS, the Committee considered and recommended approval of grant 19 requests submitted in 2006; and WHEREAS, the City Council did on February 13, 2007 and February 19, 2008 21 approve a total of thirteen grant proposals with funding from the Fund; and 22 WHEREAS, approximately $780,000 remains available within the Fund for 23 expenditure on meritorious projects; and 24 WHEREAS, based on the Committee's use of their approved Method during the 25 application solicitation/evaluation process, the Committee recommends modifications to the approved Method. 27 NOW, THEREFORE, the City Council of the City of Carlsbad, California, does 28 hereby resolve as follows: 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 1. That the above recitations are true and correct. 2. Revisions to the Committee's approved Method are approved as shown on the attached exhibit titled, "Exhibit A: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee -Approved Method of Carrying out the Committee's Directive." 3. That the City Council authorizes the Committee to solicit, evaluate and provide recommendations on grant requests to award the remaining/available funding within the Fund. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 17tb day of February 2009, by the following vote, to wit: AYES: Council Members Lewi?, Kulcbin, Hall, Packard, Blackburr NOES: None. ABSENT: None. UDEA.LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- Exhibit A CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE Approved Method off Carrying out the Committee's Directive Rev: 1/20/09 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE ROAD MAP Principal Charge of Committee: To make recommendations to the City Council for proposed expenditures from the [Agricultural Conversion Mitigation Fee] Fund in keeping with the mandates established by Municipal Code Section 21.202.060. Committee Responsibilities to City Council during first year: To report to the City Council at least twice during its first year. FIRST REPORT TO CITY COUNCIL: A detailed proposal of how the Committee would operate to carry out its directive (established by Resolution 2005-242). Report should discuss how the Committee proposes to solicit expenditure/grant proposals; how it would operate to make recommendations to the Council, including proposed project/grant selection criteria and voting procedures; and how it proposes to draw down on the Fund balances in the first and subsequent years. Tasks to complete First Council Report: • Determine how Committee will operate. • Determine how decisions will be made. • Elect a Chairperson and Vice-Chair. • Establish a meeting schedule. • Agree upon role of Committee members. • Establish criteria by which project proposals will be evaluated. • Create project application, information, and evaluation forms. • Perform test run of forms. • Determine how funds will be drawn down. • Determine how project proposals will be solicited. • Identify how project proposals will be presented to Committee. • Identify how Committee will operate to make recommendations on individual projects. • Prepare draft Council report. • Review and comment on draft report. • Finalize report. • Schedule report for City Council meeting. SECOND REPORT TO CITY COUNCIL: Shall carry the Ad Hoc Committee's recommendations for initial expenditures from the Fund. Tasks to complete Second Council Report: • Solicit project proposals. • Schedule/Hold workshops (2) for applicants (if needed). • Evaluate forms after first set of projects. • Evaluate project proposals. • Recommend projects for initial expenditures from the Fund. • Prepare draft of report. • Review and comment on draft report. • Finalize report. Agricultural Conversion Mitigation Fee Citizens Ad Hoc Advisory Committee Road Map (cont.) • Schedule report for City Council meeting. SUBSEQUENT REPORTS TO CITY COUNCIL: Additional reports shall be provided to the City Council as necessary to complete and implement the Committee's directive. Such reports may include: • Recommendations on changes to awarded grants. • Recommendations to modify the approved method for carrying out the Committee's directive. • Recommendations for Council authorization to solicit additional grant proposals. • Request(s) for authorization to solicit additional applications for grant requests. • Request(s) to extend the Committee's life. Rev: 1/20/09 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE KEY DECISIONS PROJECT ELIGIBILITY - COASTAL/NON-COASTAL LOCATIONS It is not required that proposed projects be located within the Coastal Zone; projects proposed to be located outside of the Coastal Zone will be considered; however, all projects (inside or outside of the Coastal Zone) must benefit the Coastal Zone. "EQUITABLE" DISTRIBUTION OF FUNDS The Committee will promote the equitable distribution of the grant funds available by ensuring that all potential applicants have a fair and equal opportunity to apply for the funds. This does not mean that the total funds available will be divided equally among the four categories of eligible projects. However, the Committee intends to award funds to projects in each of the four categories if at all possible. DRAW-DOWN OF FUNDS The Committee will not specifically "hold back" funds for future awards, nor will it target a specific amount of funds to be spent in the first year. The Committee will draw down funds based solely upon the merit of the projects proposed. All project proposals will be evaluated on their own merits and funds will be spent as merited by proposed projects. The Committee believes that sufficient eligible and meritorious project proposals will be received to justify expenditure of all available funds before the Committee sunsets (four years from August 2, 2005), if not sooner. Rev: 1/20/09 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE COMMITTEE OPERATING PROCEDURES & AGREEMENTS Ground Rules • Remember that the Committee's work is a public process • Be present • Respect one another's opinions • Listen actively • Ask questions when you have them • Participate • Practice Skillful Conversation • Speak your mind • We will disclose our "special interests" to one another as appropriate to topics under discussion. • All member requests for information from staff not rendered during the meeting will be routed through the chairperson • Speak up in order to be heard • Speak up (or signal) if you did not hear clearly something that was said. Committee Procedures • Chair leads the meeting; facilitator leads discussions • Minutes and Charted Notes are kept as part of the Committee's records • Annual reevaluation of process • Committee members will not participate in project proposal presentations and will abstain from voting on projects for which they have a conflict of interest pursuant to Chapter 1.14 of the Carlsbad Municipal Code. Decision-making Process • Plan A: Consensus (Preferred) • Plan B: If consensus cannot be achieved after an earnest effort has been made, the question will be decided by simple majority vote with the minority opinion noted and reported. Guidelines for Public Comment • In general, members of the public wishing to present comments for the Committee's consideration will be given an opportunity to do so at the end of meetings. • Public comments will be limited to three minutes for each person, and 15 minutes for each topic • These guidelines will be adjusted as appropriate for different meeting purposes (e.g. grant proposal presentations) • The public comment time limitation of three minutes per speaker may be extended at the discretion of the chairperson. Rev: 1/20/09 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE PROPOSAL SOLICITATION STRATEGY Objective: To ensure that availability of grant funds is known throughout the community and among those organizations and individuals who might wish to apply. Methods may include; • Editorial Boards • Press Releases • Solicit feature coverage in newspapers • OpEd (i.e., a letter from the Mayor on behalf of the City Council) • Posters in public facilities (e.g., libraries; City Hall; Faraday building; other?) • Posting on City's web page with grant program info and staff contact info o Electronic links to informational flyer; press release and dedicated webpage. o Electronic distribution via electronic subscription service o Electronic distribution via City E-News • Mailings to those known to be interested o List of individuals with potential interest (list must be updated) o List of organizations with potential interest (list must be updated) o Other public agencies o Downtown Merchants Assn. o Chamber of Commerce o Carlsbad Convention and Visitors Bureau • Newspaper advertisements o North County Times o Union-Tribune - North County edition o Coast News o Chamber of Commerce Newsletter • Other? • Insert notification in water bills Factors to Consider • Time constraints • Budget/Costs Timetable of 2006 Grant Solicitation/Review/Award Allocation Council Approval of Committee Procedures, Criteria, etc. May 16, 2006 Public Notification Process July 2006 Deadline for Proposal Submittal September 29, 2006 Committee Review Process October 2006 - June 2007 Agricultural Conversion Mitigation Fee Citizens Ad Hoc Advisory Committee Proposal Solicitation Strategy (cont.) Preparation of Agenda Bill (Grant Awards Recommendations) January 2007 and January 2008 Presentation to Council February 2007 and February 2008 Estimated Timetable for 2009 Grant Solicitation/Review/Award Allocation Council Approval of Revised Procedures, Criteria, Etc. Early February 2009 Public Notification Late February 2009 Optional Proposal Preparation Workshop(s) March 2009 Closure of Application Submittal Period Late April 2009 Committee Review of Submitted Grant Applications May - June 2009 Committee Recommendations Formulated Early July 2009 Presentation of Committee's Recommendations to Council August 2009 \ /'"! ,' CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE PROPOSAL CONSIDERATION & PROCESS SUMMARY PROPOSALS THE COMMITTEE WILL CONSIDER • Projects (i.e., not on-going programs) • Projects which have not been completed by the date that City Council approves the Committee's procedures and application consideration process (i.e., no reimbursement for previously completed projects) • Proposals from all types of organizations and individuals • Grants - outright and/or matching - but not loans • Requests for a minimum of $2,500.00 (nothing less than $2,500.00) EQUITABLE DISTRIBUTION OF FUNDS The Committee will promote the equitable distribution of the grant funds available by ensuring that all potential applicants have a fair and equal opportunity to apply for the funds. This does not mean that the total funds available will be divided equally among the four categories of eligible projects. However, the Committee intends to award funds to projects in each of the four categories if at all possible. DRAW DOWN OF FUNDS The Committee will not specifically "hold back" funds for future awards, nor will it target a specific amount of funds to be spent in the first year. The Committee will draw down funds based solely upon the merit of the projects proposed. All project proposals will be evaluated on their own merits and funds will be spent as merited by proposed projects. The Committee believes that sufficient eligible and meritorious project proposals will be received to justify expenditure of all available funds before the Committee sunsets (four years from August 2, 2005), if not sooner. PROCESS • Proposal review: paper process and possible presentation opportunities (at request of Committee) • Establish City staff contact(s) for applicant info/assistance and application form • Opportunity for applicants' feedback on process, forms, etc. ELIGIBILITY REQUIREMENT Applications must implement the Charge of the Committee (i.e. involve one of the four eligible types of uses) in order to be eligible for funding. Should there be disagreement regarding whether a proposal is eligible for funding (i.e., whether the project implements one of the four categories of projects), the Committee will first seek consensus and, if that fails, will vote on the matter. Rev: 1/20/09 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE PROPOSAL EVALUATION CRITERIA Project Criteria • Extent to which proposal fulfills eligibility category • Line-of-sight relationship with concrete outcome(s) • Benefit to Carlsbad residents • Honors the history of Carlsbad • Employs creativity (of project or process) • Multiple or long-lasting or wide-spread benefits Project Feasibility and Planning Criteria • Feasibility of project achievement (i.e., Can project be accomplished?) o Can permits/approvals be obtained? • Implementation plan o Measurable milestones/Identification of tracking measures o Reasonable time frame o Responsible parties identified Applicant Criteria • Ability of project applicant to do what is proposed o Applicant's experience implementing other projects o Applicant's previous experience obtaining and using funding (for other projects) Financial Resources/Budget Criteria • Fiscal resources to do what is proposed o Project budget o How requested funding will be used o Other/Additional funding already secured for project (if any) o Other potential funding sources for project (potential matching funds) o Applicant's experience obtaining and using funding (for this project) o Financial condition of organization (if applicable). After a grant has been awarded and prior to distribution of grant funds, the financial condition of an agency/organization shall be evaluated through submittal of either an audited financial statement (encouraged/preferred); a reviewed financial statement; or, an IRS-990 tax return. Note: applicants are encouraged to submit documentation of their financial condition at the time of grant application submittal if possible. Proposal Evaluation Form • The Committee's use of a quantitative Proposal Evaluation Form during the proposal evaluation process shall serve as a tool/method to evaluate individual merits of projects; however, the individual project scores (generated through use of the form) alone are not intended to guarantee or preclude the Committee's decision to recommend funding of specific grant requests. Rev: 1/20/09 AGRICULTURAL CONVERSION MITIGATION FEE GRANT PROPOSAL EVALUATION FORM PROJECT NO: PROJECT NAME: Rating Scale: Not Applicable = 0 Poor = 1 Acceptable = 2 Good = 3 Strong = 4 Exceptional = 5 Is proposed project eligible for funding? Yes Eligibility Category: No Project/Program Criteria: Implementation of eligibility category Concrete outcome(s) Benefit to Carlsbad residents Honor history of Carlsbad Creativity (of project or process) Multiple, or long-lasting, or wide-spread benefits Feasability/Planning Criteria: Feasibility of project achievement: Permits/ Approvals obtainable? Implementation Plan: Measurable Milestones? Tracking Measures? Implementation Plan: Time Frame? Responsible parties identified? Applicant Criteria: Ability to do project? Experience with other projects? Ability to do project? Experience with using funding for other projects? Fiscal/Budget Criteria: Project budget Use of requested funds Other funding? (if any) ' Other potential funding? Fiscal stability of org'n (if applicable) TOTAL SCORE Project Score Exhibit 2 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE MEMBERSHIP ROSTER VOTING MEMBERS: Eric Larson, Chairperson Julie Baker (Vice-Chairperson) Ken Alfrey Richard Erhardt Irv Roston Jackie Stone Hope Wrisley NON-VOTING MEMBERS/STAFF: Deborah Ruddock, California Coastal Conservancy Kevin Pointer, Associate Planner FACILITATOR (OPTIONAL): Jim Boylan MINUTES CLERK: Sabrina Michelson Revised: 1/14/09 Exhibit 3 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE COMMITTEE MEETINGS HELD Unless otherwise noted, all meetings were held at the Faraday Building, 1635 Faraday Avenue, in Room 173A. Tuesday, August 30, 2005 Monday, September 19, 2005 Monday, September 26, 2005 Tuesday, October 4, 2005 Monday, October 31, 2005 Tuesday, November 29, 2005 Monday, December 12, 2005 Friday, February 10, 2006 Monday, June 12, 2006 Monday, July 10, 2006 Saturday, November 18, 2006 Friday, April 27, 2007 Wednesday, June 6, 2007 Tuesday, September 2, 2008 Monday, November 17, 2008 Tuesday, January 5, 2009 9:30 am - 12:00 pm Dove Library, Meeting Room 9:00 am-12:00 pm 9:00 am-12:00 pm 9:00 am-12:00 pm 1:00pm-3:30pm 1:00 pm-3:30pm 8:00 am-10:00 am 8:00 am-10:00 am 1:00 pm-3:00 pm 8:00 am- 10:00 am Faraday Center, Room 150 9:00 am - 3:00 pm 1:00pm- 3:45 pm 1:00 pm - 3:30 pm Faraday Center, Room173B 1:00pm-3:00pm 1:00 pm - 3:30 pm Faraday Center, Room173B 1:00pm-3:00pm Revised: 1/14/09 Exhibit 4 g CO UJ oo V)4—1o0 T30 1 CL Q. JO CO DO Eo a: <i>is Q. (0 QZ 0-0 o oo o 2_Q E 13O C LJJ c o OJ<D co m• 3 S^p"* <' , ' Ui •' 1 j$?" 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"ro <f)O)o> fe cotroQ_t approved only jX) 10 | 0 0 0 2 .« LU •Ko C" D) 'to0 T3 £ "ro 2 "c 0 eCL "ro om oo"o c.g oCL it approved only_> •o" 2!0 E g 0 CD CDi_ .t "cLU o> §tsi QUJCO LUo: Exhibit 5 Status Update on La Posada Farm Worker Housing Project (AGP 06-16) On February 19, 2008, City Council awarded a $2,000,000 grant to Catholic Charities Diocese of San Diego for the construction of a 15,000 square foot, farm worker housing project to accommodate approximately 120 farm workers and homeless men. The grant was issued with a stipulation that only $108,500 be available for preparation of plans and studies, which would allow the Committee and Council to reassess release of remaining funding at a later date. At the September 2, 2008, November 17, 2008 and January 6, 2009 Committee meetings, the Catholic Charities representative informed the Committee that although the project may be constructed with the encumbered $2,000,000, there is no identified or foreseeable funding is available to finance operational costs for the project. The applicant was previously relying upon other state and federal sources to fund operations, however, such sources have since been redirected due to the recent economic decline. Given the Committee's desire to provide the applicant with sufficient opportunity to investigate all potential means for securing operational funding, the Committee, at their January 6, 2009 meeting, agreed that the $2,000,000 should remain encumbered for the farm worker housing project for one additional year, with a stipulation that the applicant return to the Committee in six months with a status update on the project (note: when the grant was awarded, no time limit was specified for the applicant to claim and use the funds). The additional year will give the applicant an opportunity to secure operational funding. Exhibit 6 Discussion and Summary of Recommended Modifications to the Committee's Method of Carrying out its Directive The following is a summary and discussion of the recommendations made by the Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee (Committee) to the approved method (Method) that authorizes the Committee to carry out its directive. Modifications Related to Required Certified Financial Statement The Agriculture Conversion Mitigation Fee Grant Application form, approved by the City Council on May 16, 2006, requires agencies and organizations to submit a certified financial statement. The intent of this requirement is to assess the applicant's financial capability and aptitude to successfully implement their proposal. Given the high cost associated with preparation of a certified financial statement (estimated at approximately $10,000-$15,000), which could cause undue financial hardship to applicants, the Committee is recommending that applicants not be required to submit financial documentation until after a grant application is awarded. The Committee also recommends that applicants be given the option to demonstrate their financial capability by providing one of the following: 1) an IRS-990 form; 2) a reviewed financial statement; or, 3) a certified financial statement. This documentation would then require evaluation subject to the satisfaction of city staff. Any individual submitting an application for grant consideration would continue to be exempt from any requirement to provide information on his/her financial condition. Recommended Modifications Related to Use of Grant Proposal Evaluation Form During the original grant application consideration process, the Committee utilized the Grant Proposal Evaluation Form; however, use of quantitative grades to assess each evaluation criteria did not facilitate an objective/comparative analysis of each grant proposal. To eliminate potential confusion that a particular project score would guarantee or preclude grant award, the Committee requests that the Council modify the Proposal Evaluation Criteria to indicate that use of the evaluation form is intended to serve as a tool for Committee evaluation; however the total project score allotted to each proposal in no way guarantees or limits funding. Miscellaneous Modifications to Committee's Method Documents and Proposal Application Miscellaneous recommended modifications to the Committee's Method include updating the Road Map, Proposal Solicitation Strategy and Timetable necessary to implement the proposal solicitation process. Exhibit 7 The following includes modifications recommended by the Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee (Committee) to the approved method for the Committee to carry out its directive. Modified language has been identified with strikeout/underline-bold format CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE Approved Method of Carrying out the Committee's Directive Rev: 1/20/09 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE ROAD MAP Principal Charge of Committee: To make recommendations to the City Council for proposed expenditures from the [Agricultural Conversion Mitigation Fee] Fund in keeping with the mandates established by Municipal Code Section 21.202.060. Committee Responsibilities to City Council during first year: To report to the City Council at least twice during its first year. FIRST REPORT TO CITY COUNCIL: A detailed proposal of how the Committee would operate to carry out its mandate directive (established by Resolution 2005-242). Report should discuss how the Committee proposes to solicit expenditure/grant proposals; how it would operate to make recommendations to the Council, including proposed project/grant selection criteria and voting procedures; and how it proposes to draw down on the Fund balances in the first and subsequent years. Tasks to complete First Council Report: Determine how Committee will operate. Determine how decisions will be made. Elect a Chairperson and Vice-Chair. Establish a meeting schedule. Agree upon role of Committee members. Establish criteria by which project proposals will be evaluated. Create project application, information, and evaluation forms. Perform test run of forms. Determine how funds will be drawn down. Determine how project proposals will be solicited. Identify how project proposals will be presented to Committee. Identify how Committee will operate to make recommendations on individual projects. Prepare draft Council report. Review and comment on draft report. Finalize report. Schedule report for City Council meeting. SECOND REPORT TO CITY COUNCIL: Shall carry the Ad Hoc Committee's recommendations for initial expenditures from the Fund. Tasks to complete Second Council Report: • Solicit project proposals. • Schedule/Hold workshops (2) for applicants (if needed). • Evaluate forms after first set of projects. • Evaluate project proposals. • Recommend projects for initial expenditures from the Fund. • Prepare draft of report. • Review and comment on draft report. Agricultural Conversion Mitigation Fee Citizens Ad Hoc Advisory Committee Road Map (cont.) Finalize report. Schedule report for City Council meeting. SUBSEQUENT REPORTS TO CITY COUNCIL: Additional reports shall be provided to the City Council as necessary to complete and implement the Committee's directive. Such reports may include: • Recommendations on changes to awarded grants. • Recommendations to modify the approved method for carrying out the Committee's mandate. • Recommendations for Council authorization to solicit additional grant proposals. • Request(s) for authorization to solicit additional applications for grant proposals. • Request(s) to extend the Committee's life. Rev: 1/20/09 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE KEY DECISIONS PROJECT ELIGIBILITY - COASTAL/NON-COASTAL LOCATIONS It is not required that proposed projects be located within the Coastal Zone; projects proposed to be located outside of the Coastal Zone will be considered; however, all projects (inside or outside of the Coastal Zone) must benefit the Coastal Zone. "EQUITABLE" DISTRIBUTION OF FUNDS The Committee will promote the equitable distribution of the grant funds available by ensuring that all potential applicants have a fair and equal opportunity to apply for the funds. This does not mean that the total funds available will be divided equally among the four categories of eligible projects. However, the Committee intends to award funds to projects in each of the four categories if at all possible. DRAW-DOWN OF FUNDS The Committee will not specifically "hold back" funds for future awards, nor will it target a specific amount of funds to be spent in the first year. The Committee will draw down funds based solely upon the merit of the projects proposed. All project proposals will be evaluated on their own merits and funds will be spent as merited by proposed projects. The Committee believes that sufficient eligible and meritorious project proposals will be received to justify expenditure of all available funds before the Committee sunsets (four years from August 2, 2005), if not sooner. Rev: 1/20/09 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE COMMITTEE OPERATING PROCEDURES & AGREEMENTS Ground Rules • Remember that the Committee's work is a public process • Be present • Respect one another's opinions • Listen actively • Ask questions when you have them • Participate • Practice Skillful Conversation • Speak your mind • We will disclose our "special interests" to one another as appropriate to topics under discussion. • All member requests for information from staff not rendered during the meeting will be routed through the chairperson • Speak up in order to be heard • Speak up (or signal) if you did not hear clearly something that was said. Committee Procedures • Chair leads the meeting; facilitator leads discussions • Minutes and Charted Notes are kept as part of the Committee's records • Annual reevaluation of process • Committee members will not participate in project proposal presentations and will abstain from voting on projects for which they have a conflict of interest pursuant to Chapter 1.14 of the Carlsbad Municipal Code. Decision-making Process • Plan A: Consensus (Preferred) • Plan B: If consensus cannot be achieved after an earnest effort has been made, the question will be decided by simple majority vote with the minority opinion noted and reported. Guidelines for Public Comment • In general, members of the public wishing to present comments for the Committee's consideration will be given an opportunity to do so at the end of meetings. • Public comments will be limited to three minutes for each person, and 15 minutes for each topic • These guidelines will be adjusted as appropriate for different meeting purposes (e.g. grant proposal presentations) • The public comment time limitation of three minutes per speaker may be extended at the discretion of the chairperson. Rev: 1/20/09 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE PROPOSAL SOLICITATION STRATEGY Objective: To ensure that availability of grant funds is known throughout the community and among those organizations and individuals who might wish to apply. Methods may include: • Editorial Boards • News Press Releases • Solicit feature coverage in newspapers • OpEd (i.e., a letter from the Mayor on behalf of the City Council) • Posters in public facilities (e.g., libraries; City Hall; Faraday building; other?) • Posting on City's web page with grant program info and staff contact info o Electronic links to informational flyer; press release and dedicated webpage. o Electronic distribution via electronic subscription service o Electronic distribution via City E-News • Mailings to those known to be interested o List of individuals with potential interest (list must be updated created) o List of organizations with potential interest (list must be updated created) o Other public agencies o Downtown Merchants Assn. o Chamber of Commerce o Carlsbad Convention and Visitors Bureau • Newspaper advertisements o North County Times o Union-Tribune - North County edition o Coast News o Chamber of Commerce Newsletter • Other? • Insert notification in water bills Factors to Consider • Time constraints • Budget/Costs Tentative Timetable of 2006 Grant Solicitation/Review/Award Allocation Council Approval of Committee Procedures, Criteria, etc. Early May 16,2006 Public Notification Process Early June July 2006 Proposal Preparation Worlcshop(s) Late June 2006 Deadline for Proposal Submittal July 31 September 29, 2006 Agricultural Conversion Mitigation Fee Citizens Ad Hoc Advisory Committee Proposal Solicitation Strategy (cont.) Committee Review Process August—September October 2006 - June 2007 Preparation of Agenda Bill (Grant Awards Recommendations) October 2006 (or sooner) January 2007 and January 2008 Presentation to Council November 2006 (or sooner) February 2007 and February 2008 Estimated Timetable for 2009 Grant Solicitation/Review/Award Allocation Council Approval of Revised Procedures, Criteria, Etc. Early February 2009 Public Notification Late February 2009 Optional Proposal Preparation Workshop(s) March 2009 Closure of Application Submittal Period Late April 2009 Committee Review of Submitted Grant Applications May - June 2009 Committee Recommendations Formulated Early July 2009 Presentation of Committee's Recommendations to Council August 2009 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE PROPOSAL CONSIDERATION & PROCESS SUMMARY PROPOSALS THE COMMITTEE WILL CONSIDER • Projects (i.e., not on-going programs) • Projects which have not been completed by the date that City Council approves the Committee's procedures and application consideration process (i.e., no reimbursement for previously completed projects) • Proposals from all types of organizations and individuals • Grants - outright and/or matching - but not loans • Requests for a minimum of $2,500.00 (nothing less than $2,500.00) EQUITABLE DISTRIBUTION OF FUNDS The Committee will promote the equitable distribution of the grant funds available by ensuring that all potential applicants have a fair and equal opportunity to apply for the funds. This does not mean that the total funds available will be divided equally among the four categories of eligible projects. However, the Committee intends to award funds to projects in each of the four categories if at all possible. DRAW DOWN OF FUNDS The Committee will not specifically "hold back" funds for future awards, nor will it target a specific amount of funds to be spent in the first year. The Committee will draw down funds based solely upon the merit of the projects proposed. All project proposals will be evaluated on their own merits and funds will be spent as merited by proposed projects. The Committee believes that sufficient eligible and meritorious project proposals will be received to justify expenditure of all available funds before the Committee sunsets (four years from August 2, 2005), if not sooner. PROCESS • Proposal review: paper process and possible presentation opportunities (at request of Committee) • Establish City staff contact(s) for applicant info/assistance and application form • Opportunity for applicants' feedback on process, forms, etc. ELIGIBILITY REQUIREMENT Applications must implement the Charge of the Committee (i.e. involve one of the four eligible types of uses) in order to be eligible for funding. Should there be disagreement regarding whether a proposal is eligible for funding (i.e., whether the project implements one of the four categories of projects), the Committee will first seek consensus and, if that fails, will vote on the matter. Rev: 1/20/09 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE PROPOSAL EVALUATION CRITERIA Project Criteria • Extent to which proposal fulfills eligibility category • Line-of-sight relationship with concrete outcome(s) • Benefit to Carlsbad residents • Honors the history of Carlsbad • Employs creativity (of project or process) • Multiple or long-lasting or wide-spread benefits Project Feasibility and Planning Criteria • Feasibility of project achievement (i.e., Can project be accomplished?) o Can permits/approvals be obtained? • Implementation plan o Measurable milestones/Identification of tracking measures o Reasonable time frame o Responsible parties identified Applicant Criteria • Ability of project applicant to do what is proposed o Applicant's experience implementing other projects o Applicant's previous experience obtaining and using funding (for other projects) Financial Resources/Budget Criteria • Fiscal resources to do what is proposed o Project budget o How requested funding will be used o Other/Additional funding already secured for project (if any) o Other potential funding sources for project (potential matching funds) o Applicant's experience obtaining and using funding (for this project) o Financial condition of organization (if applicable). After a grant has been awarded and prior to distribution of grant funds, the financial condition of an agency/organization shall be evaluated through submittal of either an audited financial statement (encouraged/preferred); a reviewed financial statement; or, an IRS-990 tax return. Note: applicants are encouraged to submit documentation of their financial condition at the time of grant application submittal if possible. Proposal Evaluation Form • The Committee's use of a quantitative Proposal Evaluation Form during the proposal evaluation process shall serve as a tool/method to evaluate individual merits of projects; however, the individual project scores (generated through use of the form) alone are not intended to guarantee or preclude the Committee's decision to recommend funding of specific grant requests. Rev: 1/20/09 AGRICULTURAL CONVERSION MITIGATION FEE GRANT PROPOSAL EVALUATION FORM PROJECT NO: PROJECT NAME: Rating Scale: Not Applicable = 0 Poor = l Acceptable = 2 Good = 3 Strong = 4 Exceptional = 5 Is proposed project eligible for funding? Yes Eligibility Category: No Project/Program Criteria: Implementation of eligibility category Concrete outcome(s) Benefit to Carlsbad residents Honor history of Carlsbad Creativity (of project or process) Multiple, or long-lasting, or wide-spread benefits Feasability/Planning Criteria: Feasibility of project achievement: Permits/Approvals obtainable? Implementation Plan: Measurable Milestones? Tracking Measures? Implementation Plan: Time Frame? Responsible parties identified? Applicant Criteria: Ability to do project? Experience with other projects? Ability to do project? Experience with using funding for other projects? Fiscal/Budget Criteria: Project budget Use of requested funds Other funding? (if any) Other potential funding? Fiscal stability of org'n (if applicable) TOTAL SCORE Project Score February 17, 2009 Background: August 2005—Committee is created and appointed May 2005—Council approves Committee’s method May 2006-June 2007—Committee solicits and evaluates 16 grant applications February 2007-February 2009—Council approves $6.5 million in grant awards for 13 projects September 2008-November 2008—Committee evaluates awarded grant projects and solicitation process Modifications to Committee’s Method: Revise Certified Financial Statement Submittal Requirement Clarify Committee’s Use of Grant Proposal Evaluation Form Miscellaneous Revisions to Implement 2009 Proposal Solicitation 2009 Grant Solicitation $773,029 available within the Fund Timeline: February-April 2009—Committee solicits grant applications May-June 2009—Committee reviews applications August 2009—Committee recommends Council approval of grant awards