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Home My WebLink About2007-09-19; City Council; MinutesCITY OF CARLSBAD CITY COUNCIL WORKSHOP SPECIAL MEETING Faraday Administration Offices 1635 Faraday Avenue Room173A Carlsbad, CA 92008 Wednesday, September 19, 2007 MINUTES CALL TO ORDER: The Mayor called the meeting to order at 8:02 a.m. ROLL CALL: Lewis, Hall, Kulchin, Packard, Nygaard (arrived at 8:04 a.m.) 1. Council discussion on Council Member reports on regional roles and assignments, as necessary, including: Nygaard Buena Vista Lagoon JPA City/School Committee LOSSAN Corridor Board of Directors North County Dispatch Joint Powers Authority (alternate) North County Transit District Board of Directors North County Transit District Planning Committee Packard Buena Vista Lagoon JPA City/School Committee EFJPA Encina Joint Powers (JAC) Encina Wastewater Authority League of California Cities - SD Division League of California Cities Transportation, Communication & Public Works Committee North County Dispatch Joint Powers Authority Hall Chamber of Commerce Liaison League of California Cities Revenue and Taxation Committee SANDAG Board of Directors SANDAG Public Safety Committee SANDAG Executive Committee Kulchin American Coastal Coalition Board of Directors American Shore & Beach Preservation Association, Board of Directors CalCoast Board of Directors Carlsbad ConVis (alternate) Encina Joint Powers (JAC) Encina Wastewater Authority (EWA) North County Transit District (alternate) *San Diego Authority for Freeway Emergencies (SAFE) SANDAG Board of Directors (2n<ralternate) *SANDAG Shoreline Preservation Committee Council Special Meeting, September 19, 2007 Page 2 Lewis Chamber of Commerce Liaison LAFCO Cities Advisory Committee North County Mayors and Managers SANDAG (1st alternate) San Diego County Water Authority Board of Directors There were no reports on item number one. Requests to Speak on a listed item: A total of 15 minutes is provided. Please submit a speaker card indicating the item you wish to address. Comments/speakers are limited to three (3) minutes each. Kasey Cinciarelli, 2727 Lyons Court, spoke about reasonable expeditions for preservation of natural environment. Ms. Cinciarelli noted her concerns regarding the loss of natural habitat and species. She asked that Council set aside 30 million dollars for habitat preservation. Ms. Cinciarelli's notes were distributed to Council. These notes are on file with the Office of the City Clerk. Diane Nygaard, 5020 Nighthawk Way, stated that every property on the open space list is important. She highlighted the importance of the Hansen property and the Village H open space. Ms. Nygaard referenced the SANDAG 2007 Regional Transportation Plan as reference material for Council. 2. Discussion of Proposition C and other capital projects including their financial implications when implemented. The following materials were distributed for this portion of the agenda. These materials are on file in the Office of the City Clerk. • Proposition C Outline • Presentation Regarding Prop C (Lisa Irvine, Finance Director) • Open Space Presentation (Mike Grim, Sr. Planner) • Memo dated September 17, 2007 from Mike Grim, Sr. Planner Re: Open Space Committee Property Summary • Open Space Committee Map (Mike Grim, Sr. Planner) • Proposition C Open Space and Trails Committee Property Analysis, July 19, 2007 (Mike Grim, Sr. Planner) • Proposition C Open Space and Trails Committee Property Analysis Willing Seller status Confirmed or Undetermined Only, July 19, 2007 (Mike Grim, Sr. Planner) • Report on Agricultural Conversion Mitigation Fee Committee (Scott Donnell, Sr. Planner) • Memo Re: Information on Agricultural Conversion Mitigation Fee Committee September 19, 2007 (Scott Donnell, Sr. Planner) • Agricultural Conversion Mitigation Fee Projects Map, September 19, 2007 (Scott Donnell, Sr. Planner) Deputy City Manager Jim Elliott gave an overview regarding the focus of the day's workshop. He noted that the majority of time would be spent on the open space portion of Proposition C including economic and fiscal data. Council Special Meeting, September 19, 2007 Page 3 Lisa Irvine, Finance Manager, discussed the current trends in the financial news including the cut in prime rate, the drop in Consumer Price Index, energy costs, housing starts, foreclosures, transient occupancy tax and status regarding buildout. She also explained the estimate of monies set aside for Prop C (35 Million). She further explained that this money has been moved to a holding or reserve fund in the Capital Improvement Project accounting. Community Development Director Sandy Holder introduced Senior Planners Mike Grim and Scott Donnell who would provide data regarding the Open Space Committee and Agricultural Mitigation Fee Committee analyses. Senior Planner Mike Grim gave an overview of the open space status in Carlsbad. He noted that approximately 40% of land in Carlsbad is preserved and any additional open space property purchases would add to this percentage. In response to Council, Mr. Grim explained the process used by the state to acquire property. He also spoke about the grant applications for acquisition funding. Mr. Grim noted that to date no grants have been secured. The Mayor called a recess at 9:30 a.m. and reconvened all members of the Council at 9:37 a.m. Consultant and former Planning Director Michael Holzmiller added to Mr. Grim's discussion by the following points: He stated that there is a provision in the City's General Plan that an open space designation can not change on a property unless it is replaced acre for acre by land of similar environment and is in proximity to the land under consideration. Also, Mr. Holzmiller noted that it is easier to get grants if a City has matching funds. City Attorney Ron Ball confirmed that open space land is legislatively protected. At this point Mr. Grim discussed each open space area considered by the Open Space Committee: its location, ranking on the Open Space Committee list, and availability. Economic Development and Real Estate Manager Cynthia Haas gave an update on the real estate negotiations regarding the Mitsuuchi property. Council Member Hall asked why the properties included in Proposition D, coastal properties, and Sunny Creek properties were not included in the map. In response, Mr. Grim noted that they were not recommended by the committee. Council Member Nygaard noted that the City need not purchase whole properties. She suggested grants and matching funds as alternatives. Discussion ensued regarding the ownership, conditions, and feasibility of management of the Poinsettia Vernal Pools and the Brodiaea Preserve. The Mayor called a recess at 10:53 a.m. and reconvened all members of the Council at 11:00 a.m. Council Special Meeting, September 19, 2007 Page 4 Senior Planner Scott Donnell reviewed the work of the Agricultural Conversion Mitigation Fee Committee. He discussed the projects that have been approved by the Committee and those that are in queue. Finance Director Lisa Irvine discussed the City's 10 year forecast and Capital Improvement Projects (CIP). Council discussion ensued regarding swim complex and golf course costs, future CIP costs, general construction costs, and projects required by Growth Management. Council Member Hall and Mayor Lewis spoke of concerns regarding the City reserves. Because of possible emergencies they agreed that a figure for the reserve should be considered. Council Member Hall suggested that a reserve number or range be established prior to expenditures on open space parcels. Mayor Lewis stated that there is no time sequence for Prop C. He noted that some open space parcels could be purchased now and others could potentially be purchased from a bond measure. Mayor Pro Tern Kulchin stated that funding opportunities from outside the City should be explored. Council Member Packard suggested that Council set a percentage of the operating budget as a target reserve number. Council Member Hall noted that staff should look for partnerships on any projects coming forward. In agreement, Council Member Nygaard suggested a focus on sharing costs. She stated that we need to be creative in the future. Lisa Hildabrand, Assistant City Manager, summarized the key points from Council: • An operating budget reserve number should be developed. • More detailed information on project costs and development of projects is needed, • An outline of what is needed for completion of trail system (Council Member Nygaard). Council concurred that the open space property list needs to be expanded. The Mayor called a recess at 11:54 a.m. and reconvened all members of the Council at 12:20 p.m. Mayor Lewis requested that Mr. Grim contact the Open Space Committee Members and share the expanded list and accompanying data with them. He asked that Mr. Grim report the responses. The Mayor and Council requested that the following open space properties be reviewed: Sunny Creek, Manzano, Propositon D lands (South shore, 48 acres and balance). Council discussion ensued with staff regarding financing of open space: Bond measures, assessments, and taxes were discussed. Council Special Meeting, September 19, 2007 Page 5 Sandy Holder, Community Development Director, stated that the Mitsucchi Property may be a future Closed Session item. 3. Receipt and discussion of Planning Commission comments and concerns regarding development processing, procedures, and other land use issues. There was no discussion on this item. 4. Discussion of Council efficiency and effectiveness including impact of regional assignments with regard to contact with other Council members, decision and policymaking, serving the community and effective methods of feedback. There was no discussion on this item. 5. City Manager review of goal and major project tracking report and update discussion of Council goal setting process and discussion of capacity and effectiveness in the delivery of City processes and services. Acting City Manager Lisa Hildabrand distributed the September 10, 2007 Projects and Initiatives Timeline. There was no discussion on this item. 6. Discussion of feedback, communications or correspondence on issues for the good of the community, including directions to the City Manager or City Attorney, as appropriate, for the scheduling of items for future agendas, workshops or study sessions. There was no discussion on this item. Requests to Speak: Continuation of Requests to Speak (if necessary) None. ADJOURNMENT The Mayor adjourned the meeting at 12:36 p.m. LORRAINE M. WOOD, CMC CITY CLERK Problems are now being experienced as the result of the City having combined the OS & Conservation parts of the General Plan. This has <&*?failed tojdelineate between lands that the general population can use to <NNrecreate and lands set aside to ensure the long term survival of plant and vfanimal species ana resulted in conflicting uses, such as biking and hiking, birdwatching and paintballing all which in varying degrees are disruptive to wildlife. DFG andiCNLM (who you are contracting with to take over and Manage the City owneqjparcels, and lands set aside as mitigation from development) is closing many areas that they feel the human impact is too heavySrBikeriders have been shut out of Flightline, with no plans to reoopen it -f as they were toldjand unless they want to ride on large DG Trails are ^^-' ' confined to the more natural and desireable "single tracks'* of Calavera, the only place in this city where this is apparently allowed, even though the entry point on Tamarack says it is "closed to the public". You need to give all these conflicting uses between people and people and animals some thought. You need to set aside an area of land where paint bailers and motor heads can "do their thing'*, or ban the sales of these devices within our city limits and enourage other cities to do so also. So they are not constantly sneaking into habitat and disrespecting it by their mere presence. That would be the most cost effective solution to these problems, than hiring more police to attempt to catch people out in habitat and open space having their idea of "fun". Just this weekend I stopped at the corpse of the threatened/endangered Kangaroo Rat, a startling beautiful little critter. This animal had met it's fate at the wheels of an earlier mountain biker. When the contractor you have hired to manage our natural lands get's around to writing "real and meaningful" reports - (hopefully sometime in the next year) you will probably begin to see documented the loss of critical species both plant & animals. This will trigger more closing of land to the general public. What do decline in our local animal species, the imfamous "Delta Smelt" and the decline in productivity of our oceans have in common? All are indicators that man's footprint on the natural world is too large and is effecting the very survival of these species. Who cares? Those who have been educated to understand to understand that life on our planet is an intricate web of connections and that removing one connection in it's entirety effects many others, and ultimately man themselves. Those who want their children to stay connected to nature and not just observe it on television, those who want cleaner water coming out of the storm drains at the beaches, and even those who complaint about this so called "unfunded mandates" that just like many other laws to protect "the Commons" will force the city to not emit fetid storm water through our lagoons and to ocean. Think of how many people use the beach, think of those tourist dollars, think of how many people benefit by preserving land that enables run-off to slow down, cause less erosion and provide habitat that many species require for their very survival. The loss of small mamals to cars, disruption in their reproduction from lighting, not to mention merely paving things over - causes larger predators, like the coyote (and if we had any deer left in this part of town - and we don't -and if we had any of these large animal like the mountain lions that feed on the deer left here - let us pause for a couple seconds to mourne the loss of species that had previously been here for hundreds if not thousands of years. So we shall limit the discussion to mammals that are still live here and their survival: racoons, bobcats and yes the dreaded coyote - these animals are forced into contact with increasing numbers of people. Is exterminating or relocating these animals, something that individuals and HOA's routinely are foced to do the answer -1 THINK NOT. Animals need more than "CORRIDORS" animals need adequate habitat in which to live. While we may be attempting to set aside channels for their movement we are clearly not doing enough to create a city reserve where they can reside, undisturbed by the activites of man. This is the problem that began when OS & Cons. Elements of the General Plan were combined. We simply must rethink setting aside the bare minimum of land outlined in the HMP to allow development to occur unfettered and think about creating a large contiguous reserve, through which NO ROADS WILL RUN. Take the Cannon Rd. money and reallocate it today to build this reserve. For while development may bring tax dollars to the city collers, as Visa likes to say, UNDEVELOPED LANDS ARE PRICELESS. And although you may not realize it directly benefit, through their mere presence and diversity, not only each and every member of our city - no matter how young or how old, But benefit our region and nation. We simply must direct less "Planning Dept" resources toward develoment and more staff resources toward preservation. We need to build on the size of the largest remaining Regional Coastal Land Preserve which is mostly in Carlsbad and that is Calavera. Only by building on the reserve, and setting money aside today to hire a consultant skilled in these intricate conservation land deals can we assure the survival of the remaining threatened and endangered species in our city. Call on staff to educate you about which species are the most threatened and endangered - whoops don't have anyone. Call on staff to tell you what it would take to get these landowners to become willing sellers after the debacle of having The Ad Hoc Open Space Committee meet, (who was directed from you NOT to consider wheter there were willing sellers). Whoops - don't have anyone. Let's talk briefly about this hand-picked Ad Hoc Open Space Committee. They outlined very reasonable criteria; they developed a rating system and vetting the only remaining dozen parcels - Citywide. Staff did NOT do a good job in identifying potential open space parcels, just off the top of my head I can identify two, the horse ranch and contiguous lot which was long ago and for many years routinely plowed and where we will, against the wishes of many citizens who spoke against big box retail - be "I'm sure" getting a Walmart. But I digress, having staff identify these potential properties, rating the properties that were identified and having this list hit the papers - all without having contacting a single landowner was disingenuous at best and spitefully manipulative to ensure failure - at worst in getting cooperative and willing sellers who were educated on the benefits to themselves and nature of conserving their land. Now your direction to staff seems to be after sending out an employee completely unskilled in these delicate negotiations - "consider only the willing sellers" - SHAME on your City Council. If this was going to be the criteria and were repeated told through the entire year of meetings, and when asked for direction from council - then these landowners should have been contacted as soon as their property was identified as a potential candidate for land conservation and certainly before it was printed in the papers and approved by council, before they lined up at a council meeting to show opposition. It is time to do the correct thing for the long term preservation of our natural history, allocate $100k-$150 k for a consultant ( city pocket change I was told by Matt Hall - when spent to hold meetings with housing developer on Cannon Rd). Allocate the money now to actually hire a professional to promote land conservation purchases, since we have no one on staff with this skillset. Need an eng. to time our traffic lights, (what would seem like something a consultant or temporary person could do) boom simple vote for a 150k YEARLY expenditure, not to mention long term retirement benefits- for a full time position. Our environment deserves it's due accord. Today you COULD direct staff to come up with a financing plan - not a bond measure - people have already paid for care and preservation through their property and other taxes - set aside at least 30 million dollars in addition to actually directing staff to buy the few acres currently available, (less than half the golf course expenditures - you want to talk about special interest -A very small percentage of locals golf) Have the forsight with all the competing large ticket to dedicate fund to buy parcels (some of which were not even identified - like all the private land along sunny creek road - some parcels as large as 20 acres) and restore them, as they become available. Have the foresight to not line McMillians pockets and pay for 30 acres of land, since it is already dedicated open space. Pay ONLY for the 3 acre Village H as we have been saying since the folks in the Village H area, which I am one, have repeatedly stated they want preserved. Redirect and/or hire some "planning dept" staff (away from their relentless mission of development,) to work on grant writing (The same tired employee, unskilled hi this area also, was directed to research this). We simply must buy and conserve some of our remaining resources. Only then will theses increasing conflicts between Conservation, Recreation and banned activities have the space to resolve themselves. City Council Budget Workshop September 19,2007 Proposition C Outline 1) Introduction 2) Economic Overview 3) Background of Proposition C a. Review Ballot Language i. Impartial Analysis b. Review Allocation of $35 million 4) Proposition C Projects and Status of Each Project a. Swim Complex i. Status b. City/Safety Training Center i. Status c. Cannon Road Reach 4 i. Status d. Open Space and Trails i. Status 5) Open Space Committee Report a. Summarize Recommendations and Potential Funding Sources i. Willing sellers b. Present Map of Existing Open Space and Recommended Acquisitions 6) Agriculture Mitigation Committee a. Summarize Recommendations and Potential Funding Sources 7) Financial Implications/Integration Considerations a. 10 Year Financial Forecast b. Goal to explore financing options for City services c. Significant Capital Projects d. Fund Balance Impacts (highlight funds with potential deficits) i. General Fund ii. Public Facilities Fee Fund iii. Park in Lieu Fund e. Prioritization Criteria for CIP Projects f. Options for Open Space Funding 8) Council Discussion September 19, 2007 City of Carlsbad City Council Workshop Proposition C September 19, 2007 Introduction Economic Overview Federal Reserve cut rates .5% in order to help stimulate the economy Stock Market rallied as a result of the Fed's actions National Foreclosures • August 2007 243,947 • August 2006 113,300 Proposition C Approved by voters November 2002 Authorized the City of Carlsbad to expend over $1 million of General Funds to finance or help finance the construction of: • A swimming pool complex • Trails linkages and open space • A City/Safety Training Facility • A portion of Cannon Road, east of College (Rch 4) "PROP C" Projects Financial Implications /Considerations 10 Year Financial Forecast Goal to Explore Financing Options for City Services Significant Capital Projects Fund Balance Impacts i Prioritization Criteria for CIP Projects 10 Year Financial Forecast '04 '05 '06 '07 '08 '09 '10 '11 '12 '13 '14 'IS '16 Financing City Services Goal i A goal team will be reviewing financing options to potentially fund ongoing operating requirements for the following: • Streets, Lights and Medians Maintenance • Open Space and HMP Maintenance • Storm Water and Flood Control CIP Prioritization Criteria 1) Health and Safety, Legal Mandate, or Growth Management Plan? Operating funds available to operate facility? 2) When is facility needed for growth management compliance? 3) Is the project needed for other standards? 4) Does the project complete or provide part of basic infrastructure? • 5) Other reasons to construct the project? General Fund Balance Estimated Balance at 6/30/07 Plus: FY 08 Surplus Less Advance (Medians/SCCRA Funds) $ 60.7 million 5.4 million -.3 million Estimated Balance at 6/30/08 $ 65.8 million Unfunded Projects PAR Widening and Bridge Reconstruction Cannon Lake Park Hosp Grove/Buena Vista Lagoon Reel Improvements ECR Widening — Cassia Rd. to Camino Vida Roble • { 10,500,000 • $ 2,243,000 • $ 1,280,000 $ 4,026,000 Unfunded Projects (cont.) Poinsettia Lane - Reach E Cannon Rd. Reach 4 Pine Park — Madison Properties Pine Park - RR and Storage Facility • $ 2,040,000 • $ 14,172,00 • $ 1,900,000 • $ 372,900 Open Space Funding Options 1) Set aside a certain dollar amount to pursue the purchase of open space 2) Pursue open space acquisition on a case by case basis dependent on availability of funds at the time of the opportunity Conclusion i Continue to make decisions taking into consideration the long term fiscal impact i Continue to update capital costs i Awareness of expanded scopes for projects at Open Space Presentation Review Proposition C Open Space Committee process, criteria, rankings. Describe the types of Open Space within the City. Explain the Growth Management Program and HMP as they relate to Open Space. Discuss Open Space acquisition methods and funding. Prop C Open Space Committee • Formed in October 2005 to establish priorities for open space and trail linkage acquisitions and make recommendations to City Council on potential acquisition opportunities. « Property ranking criteria accepted by City Council in October 2006. • Final Report accepted by City Council in March 2007. Prop C Open Space Committee • Ranking criteria heavily weighted towards natural open space and trails. • Other types of open space, such as community gathering places and aesthetic open space, were included in the criteria. • Thirteen properties were reviewed and ranked based upon the criteria. • To date, four of these properties have expressed interest in selling to the City. General Plan and Open Space Open Space and Conservation Element defines "open space" and describes the five different categories of open space. Contains goals, objectives, and programs to acquire and maintain the open space. Also describes the appropriate mechanisms to preclude use of the open space for other land uses. Jeneral Plan and Open Space "Open Space is defined as any area of land or water which, for whatever reason, is not developed for urbanized uses and which therefore enhances residents' quality of life. The open space may be in its natural state or modified in such a way that the modification itself contributes to this enhancement." Genera! Plan Open Space Categories Category 1 - Preservation of Natural Resources. Category 2 - Managed Production of Resources. Category 3 - Outdoor Recreation. Category 4 - Aesthetic, Cultural, and Educational Purposes. Category 5 - Public Health and Safety. Growth Management Open Space Additional 15 percent of developable land to be set aside for open space. Does not apply to all Local Facilities Management Zones. Secures Category 1, 3, and 4 open space. Open Space and Resource Management Plan (OSCRMP) guides exactions. Habitat Management Plan Established to assemble a 6,400 acre native habitat preserve within the City (Category 1 open space). Preserve areas include City owned lands, privately owned lands, and lands owned by other agencies or entities (Department of Fish and Game, State Lands Commission, University of California). Habitat Management Plan Ail City owned preserve areas are already protected by Open Space General Plan and Zoning designations. HMP requirement for acquisition of an additional 43 acres within the County gnatcatcher core area. Could apply additional conservation within the City towards the 43 acre requirement. Open Space Acquisition There are various methods the City can use to secure open space: - City acquisition - involves purchasing land and providing management and maintenance. - Open Space or Conservation Easement - property encumbered but not owned by City. City could be grantee of easement. - Open Space designation - restricts land uses on the property without ownership or easement. Acquisition I «,,«„„ General Fund Agricultural Conversion Mitigation Fee Program Habitat Preservation grant funding (e.g. Section 6 Endangered Species Act Funds) Partnership with other organizations (such as local lagoon foundations, Coastal Conservancy, NGOs and non-profits) Summary of Open Space Status • Growth Management performance standard open space and HMP preserve areas will continue to be acquired through private development • No Growth Management or HMP requirement for City acquisition of additional open space lands within the City (to maintain existing species take coverage) • At buildout. approximately 74 percent of the City's open space system will be preserved as natural open space (30 percent of entire City). 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CQ m SEPTEMBER 17, 2007 TO: CITY MANAGER VIA: Community Development Director FROM: Senior Planner OPEN SPACE COMMITTEE PROPERTY SUMMARY On March 13, 2007, the City Council accepted the Property Rankings and Final Report of the Proposition C Open Space and Trails Citizen's Committee. Since that time, staff has pursued additional funding sources for open space acquisitions, contacted the property owners to ascertain their willingness to sell and, for those interested parties, attempted to gather acquisition and management costs. In preparation for City Council consideration of property acquisition, staff has compiled a summary analysis of the ranked properties and a status of preliminary property owner discussions. Attached is a table listing all properties in order of their Committee ranking. Included in the table is summary information about the property's potential contribution to the City's Open Space system, HMP benefits, trail system benefits, and the possibility of use for City project mitigation. Also attached is a similar table, listing only those properties with willing sellers or unknown, status. Staff has been in contact with the willing sellers and has gathered additional information on acquisition and management costs. This information is contained below: Sherman Property (trail easements) - City and Agency staff and the Center for Natural Lands Management (CNLM) have been discussing the inclusion of Citywide trails through the Sherman Property. Once CNLM has prepared a Preserve Management Plan, all parties will meet to locate potential trail alignments. There may be some costs for trail easement acquisitions since the property was acquired using Federal funds which cannot be used for trails. Trail management costs would be incorporated into the existing Citywide Trails Program. Calavera Village H - The property owner is proposing that the City acquire the entire portion south of Carlsbad Village Drive but not that portion currently under management by CNLM, north of Carlsbad Village Drive. The property would include a 2.0 acre Community Facilities site. The property owner's rough estimate for acquisition ranges from $871,200 to $1,219,600. Management and monitoring costs would depend on how much of the site will be placed into the City's HMP Preserve. Mitsuuchi Property - The Batiquitos Lagoon Foundation (BLF) is in negotiations with the property owner for acquisition and management. The City could participate in this acquisition, using the funding obtained by BLF as leverage. The question of who would own the property is still unanswered; certain benefits such as use of the property for City mitigation credits are directly related to property ownership. The estimated City contribution ranges from $500,000 to $750,000, depending on the timing of receipt of Section 6 funds. The property owner is anxious to move forward on the sale of the property, either for open space preservation or for development, therefore staff may request a closed session discussion on this property prior to consideration of other Open Space Committee ranked properties. BLF has also requested that the City assist with an upfront option payment to secure the property from purchase by a developer. Poinsettia Vernal Pools - The property is within the railroad right-of-way and would remain under North County Transit District ownership. There are no acquisition costs since the City would only pursue an easement allowing the City, or its agent, to access and maintain the vernal pool habitat. The Department of Fish and Game (DFG) is holding a $50,000 endowment which is reserved for the management of this property. Preliminary estimates indicate that this endowment, plus additional work by volunteers, would be adequate to provide management and qualify the City for take permit authority for vernal pool species. Brodiaea Preserve - The property is under bankruptcy proceedings and is about to be obtained by DFG. There are no acquisition costs since DFG would simply transfer title. A portion of the original endowment remains. Previous discussions with the Wildlife Agencies indicate that they would accept a management and monitoring program commensurate with the remaining endowment payment. The Agencies would also support applications for grant funding, such as SANDAG's EMP Program, to assist with management of the property. Therefore existing and future funding sources should be adequate to provide management and monitoring of the property. A map indicating the location of all of the Open Space Committee ranked properties is attached for your reference. Please contact me if you have any questions or require additional information. Thank you. MICHAEL GRI MG:mg Planning Director Deputy City Attorney Economic Development Real Estate Manager Principal Planner Space Committee 2004 Aerial Photo |X/ Property Acquisition Proposals I | sde.SDE.Focus_Planning_Areas Habitat Management Plan HI Existing Hardline Conservation Area Proposed Hardline Conservation Area Proposed Standards Area 0 0.5 ^^— 1, Existing Circulation Element Bike Lanes and Sidewalk Connection \, Future Circulation Element Bike Lanes and Sidewalk Connections ^^— 2, Existing Paved Circulation Element Trail ^•—• 3, Existing Unpaved Circulation Element Trail 3, Future Unpaved Circulation Element Trail ^^™ 4, Existing Paved Open Space Trail ^^— 5, Existing Unpaved Open Space Trail 5, Future Unpaved Open Space Trail ^^— 6, Existing Regional Coastal Rail Trail & Sea Wall 6, Future Regional Coastal Rail Trail & Sea Wall J:\caigis2\products\pl annll^V425.06\Trails_HMP_FocusAreas_PropAqua11x17.mxd Q. Report on Agricultural Conversion Mitigation Fee Committee City Council Workshop September 19, 2007 Agricultural Committee Overview • Citizens Committee created 2005 • Principal Charge: - Recommend expenditures from Agricultural Conversion Mitigation Fee • Solicit proposals; competitive process • Projects must meet eligibility criteria • First set of expenditures approved • Second set pending Eligibility Criteria Four categories: - Restoration of coastal and lagoon areas - Purchase and improvement of farm lands - Restoration of beaches for public use - Improvements to lagoon nature centers Property acquisition is eligible Funding primarily directed to Coastal Zone Approved & Proposed Projects • Nine projects funded - $3,300,500 • Four projects proposed for funding - $3,267,071 • No acquisition projects Highlights 1. Audubon Nature Center 2. Lagoon Boardwalk 3. Multi-use Bam 4. Beach Nourishment 5. Farmworker Housing Project Map Fee Balance Balance as of 6/30/07 Committee operations Approved funding Proposed funding Potential Remaining Balance $6,933,386 -$18,000 -$3,300,500 -$3,267,071 $347,815 Projected Fee Balance • Fees remain to be paid on 221 acres • Fee is $10,000/acre • Potential additional fees: $2,210,000 • Actual additional fees collected may be less - Prop D lands - Mitsuuchi property Septemberl9, 2007 INFORMATION ON AGRICULTURAL CONVERSION MITIGATION FEE COMMITTEE The following information is provided in this report: 1. Background and status of the Agricultural Conversion Mitigation Fee Ad Hoc Citizen's Advisory Committee 2. Applicable Municipal Code provisions 3. Eligibility categories for projects seeking mitigation fees 4. Current and projected mitigation fee balance 5. Projects approved and recommended for mitigation fee funding (attachments) 6. Contact information for Committee staff liaison Background and Status of Committee and Project Funding Actions In 2005, the City Council passed Resolution 2005-242, forming the Agricultural Conversion Mitigation Fee Ad Hoc Citizen's Advisory Committee (Committee). 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. The Committee's first report to the Council, detailing how the Committee would carry out its mandate, was approved by Council in May 2006. The Committee's second report included the first round of funding recommendations; the Council approved this report and $3,300,500 in funding proposals in February 2007. Staff anticipates Council review of a second round of funding recommendations totaling $3,267,071 this fall. Attachments 1 and 2 list all approved and proposed funding recommendations. Attachment 3 is a map of projects approved and recommended for funding. According to Resolution 2005-242, the Committee shall: 1. Consist of seven Carlsbad citizens meeting at least twice a year 2. Exist for four years (beginning 2005) or until all funds are allocated, whichever occurs first, unless extended by Council 3. Conduct its business in open and public meetings. The Committee already has met twice in 2007 (April and June). The Committee has not set another meeting date. Applicable Municipal Code Provisions As explained in Municipal Code Chapter 21.202, certain lands in the Mello II segment of the City's Local Coastal Program were identified in 1980 as "coastal agricultural lands." When these properties convert from agricultural to urban use, mitigation is required. Commonly, properties mitigate through payment of the Agricultural Conversion Mitigation Fee. An "urban use" is essentially any non-agricultural or agriculturally-related use; a single-family home built on an existing legal parcel is considered an agriculture use. Information on Agricultural Conversion Mitigation Fee Committee September 19, 2007 Page 2 Eligibility Categories for Projects Seeking Mitigation Fees Consistent with Section 21.202.060 D, the City collects a mitigation fee of $ 10,000 per acre. Allowable projects for the fees must fall into four different eligibility categories: 1. Restoration of the coastal and lagoon environment including but not limited to acquisition, management and/or restoration involving wildlife habitat or open space preservation. 2. Purchase and improvement of agricultural lands for continued agricultural production, or for the provision of research activities or ancillary uses necessary for the continued production of agriculture and/or aquaculture in the City's Coastal Zone, including but not limited to, farm worker housing. 3. Restoration of beaches for public use including but not limited to: local and regional sand replenishment programs, vertical and lateral beach access improvements, trails, and other beach- related improvements that enhance accessibility, and/or public use of beaches. 4. Improvements to existing or proposed lagoon nature centers. Current and Projected Mitigation Fee Balance As of June 30, 2007, available funds totaled $6,933,386. This balance does not reflect any deductions made for approved or pending projects. The following table reflects approved and proposed expenditures and the resulting balance: Agricultural Mitigation Fee Balance 6/30/07 Balance Appropriation for Committee operations Approved funding Proposed funding Potential remaining balance $6,933,386 -$18,000 -$3,300,500 -$3,267,071 $347,815 Staff estimates fees have been paid already on 750 acres and remain to be paid on 221 acres. Based on the current fee amount ($10,000 per acre, the maximum fee that can be collected), that equates to maximum potential of $2,210,000 in additional fees. However, it is likely that the maximum potential will not realized as all eligible properties may not develop. For example, 70 of the 221 acres from which fees could be collected are Proposition D lands. Further, two properties proposed for acquisition by the Open Space Committee (Mitsuuchi and Murphy) are also part of the acreage on which fees remain to be paid. If these or other properties remain in agriculture or open space and are not developed with urban uses, the potential additional fees collected would be correspondingly reduced. The table below shows the potential reduction of fees if the following specific properties do not develop. Information on Agricultural Conversion Mitigation Fee Committee September 19,2007 PageS Potential Loss of Agricultural Conversion Mitigation Fees (Assuming no development with urban uses) Property Proposition D Lands Mitsuuchi Murphy Total Acreage 70 acres 1 8 acres 17 acres Fees Lost if not Developed $700,000 $180,000 $170,000 $1,050,000 Contact Information The staff liaison for the Committee is Scott Donnell, Senior Planner. He may be contacted at (760) 602- 4618 or sdonn(S),ci.carlsbad.ca.us. Attachments 1. Projects approved for funding 2. Projects recommended for funding (pending Council approval) 3. 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PR O P O S A L DE S C R I P T I O PR O P O S A L NA M E >'-* |H 2 ^ H ^8*D i- (N t —o"OO 60 c1 •3 c|.| .2*1 5 opr| p^ •4-1 <U 1 Na t u r e C e n t e r r e p l a c an d i m p r o v e m e n t s BL F N a t u r e Ce n t e r Im p r o v e m e n t s Q 9 o OH O O-ioo o"oo 60 a I •3 «8.21 * .2*1 . l£ Mo n i t o r a n d d e v e l o p ma n a g e m e n t p l a n f o i la g o o n 1£ § I Q ^f^ « obi! < fS 1 o OH 0 #oooo"oo (N u ^Oo1eS O 13 fe u "S 3 Co n s t r u c t i o n o f n e w fa r m w o r k e r ho u s i n g / h o m e l e s s s b La P o s a d a d e G u a d a l La P o s a d a Fa r m w o r k e r Ho u s i n g « SOi— « VO OH O 0 j^ *T>O 60 o ca IS^3 ^3| | ffi cI gjl1^ •a Ma i n t e n a n c e a n d co n s t r u c t i o n o f t r a i l s ar o u n d A g u a H e d i o n La g o o n en 1 I u rn 1 o PH O pj 5s<ssf ^H H •f | | ^SQ S£o 'r t i o n ( $ 1 0 8 , 5 0 0 ) f o r §. -S^ 'q u e s t , b u t f u n d o r e •b•*«» w "1s K •»*» 1•S-$ a* 1-1 V- of- AGP 06-04 Buena Vista Lagoon Boardwalk City of Carlsbad Agricultural Conversion Mitigation Fee Projects as of 09/19/2007 AGP 06-15 Discovery Center Improvements AGP 06-16 La Posada Farmworker Housing AGP 06-09 Soil Amendment Project AGP 06-07 Permeable Paving Projecl AGP 06-10 Carlsbad Beach Nourishment AGP 06-03 BLFNature Center Improvements AGP 06-12 Bat Lagoon Mon 'g/Mgmt Plan Map Features CD PROPOSITION D LAND BOUNDARY COASTAL ZONE BOUNDARY I LAND STILL SUBJECT TO PAYING AGRICULTURAL CONVERSION MITIGATION FEE Agriculture Grant Project Categories IZZ EZ3 EZ (A) Restoration of the coastal and lagoon environment including but not limited to acquisition, management and/or restoration involving wildlife habjtat or open space preservation. (B) Purchase and improvement of agricultural lands tor continued agricultural production, or for the provision of research activities or ancillary uses necessary for thi continued production of agriculture and/or aquaculture in the City's Coastal Zone, including but not limited tt , farm worker housing. (C) Restoration of beaches for public use including but not limited to: local and regional sand replenishment programs, vertical and lateral beach access improvements, trails, and other beach-related improvements that enhance accessibility, and/or public use of beaches. (D) Improvements to existing or proposed lagoon nature centers. APPROVED FUNDING Recommended by Committee on 1 1/18/06 ^ooroved bv Counci on 2/1 3/07 PROJECT 1 AGP 06-02 AGP 06-04 AGP 06-05 AGP 06-06 AGP 06-07 AGP 06-08 AGP 06-09 AGP 06- 10 AGP 06-15 ELIGIBILITY CATAGORY D C&D B B B B B C D PROJECT NAME Audubon Mature Center Buena Vista Lagoon Boardwalk Cymbidium Project Multi-Use Barn Permeable Paving Project Drainage Project Soil Amendment Project Carlsbad Beach Nourishment Discovery Center Improvements PROJECT DESCRIPTION Interior improvements o Nature Center c assroom Engineering design and environmental studies for a boardwalk Greenhouse, shade structure, and related nfrastructure for orchid production Bam for off-season equipment storage and seasonal displays and sresentations Permanent semi- permeable road surface for Flower Fields circulation Permanent drainage system to reduce erosion and soil loss 5-year program of soil amendment to improve soil structure and long- term productivity of Flower Fields Nourishment of two stretches of beaches in north and south central Carlsbad Interior and exterior improvements to existing Discovery Center APPLICANT Buena Vista Audubon Society Buena Vista Foundation CB Ranch Enterprises CB Ranch Enterprises CB Ranch Enterprises CB Ranch Enterprises CB Ranch Enterprises City of Carlsbad Beach Preservation Committee Agua Hedionda Lagoon Foundation RECOMMENDED FUNDING Recommended by Committee on 4/27/07 and 6/06/07 Pending City Council approval PROJECT 1 AGP 06-03 AGP 06-12 AGP 06-13 \AGP 06-16 ELIGIBILITY CATAGORY D A C B PROJECT NAME BLF Nature Center Improvements Bat Lagoon Mon 'g/Mgmt Plan AH Lagoon Trails La Posada Farmworker Housing PROJECT DESCRIPTION Nature Center replacement and improvements Monitor and develop management plan for lagoon Maintenance and construction of trails around Agua Hedionda Lagoon Construction of farmworker/homeless housing at Casa de Guadalupe APPLICANT Batiquitos Lagoon Foundation Batiquitos Lagoon Foundation Agua Hedionda Lagoon foundation Catholic Charities "* ""^-^z / / / />.£fit w \ / / A.#/? ~^--._w 1AJ///> /f --W,-' §,C « 1 i • ft O (U 0)'s1 0. rooO to §LL I cis 3O .i 1 73<D 730)• o T3 C =o 2o a; ^ <uD- 'ra S w E o E x>Q. f= 1 iS om "S «3 QC •&a> _ CD'> y of Is •? 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