HomeMy WebLinkAbout2013-09-10; City Council; 21368; Funding Agricultural Conversion Mitigation FeeCITY OF CARLSBAD - AGENDA BILL 15
AB# 21.368 CONSIDERATION OF FUNDING DEPT. DIRECTOR 0^ MTG. 9/10/13 RECOMMENDATIONS FROM THE CITY ATTORNEY m DEPT. CED AGRICULTURAL CONVERSION MITIGATION
FEE AD HOC CITIZENS ADVISORY COMMITTEE
CITY MANAGER
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 2013-230 REALLOCATING $615,940 in Agricultural
Conversion Mitigation Fee funds; APPROVING the allocation of $1,127,608.53 from the Agricultural Conversion
Mitigation Fee fund to the organizations in the amounts recommended by the Agricultural Conversion Mitigation
Fee Ad Hoc Citizens Advisory Committee, subject to the final signing by both the grant recipient and the Mayor of
a funding agreement itemizing the agreed-upon project milestones and the agreed-upon timing ofthe release of
funds; RENEWING the term of the Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee for
an additional four year term; APPROVING the current operating budget for the Agricultural Conversion
Mitigation Fee Committee in the amount of $3,000 for the Committee's term; and APPOINTING members to the
Committee for four-year terms.
ITEM EXPLANATION:
Background
Carlsbad Municipal Code (CMC) Chapter 21.202 (Coastal Agriculture Overlay Zone) establishes provisions for the
conversion of agricultural land within the coastal zone to urban uses. To convert agricultural land to urban uses,
the loss of agriculture must be mitigated. One of the mitigation options specified by the CMC is the payment of
an Agricultural Conversion Mitigation Fee (ACMF). The fees are deposited into the ACMF fund and the CMC
further establishes that expenditure of the fund is subject to the recommendations of a committee. The City
Council has designated the ACMF Ad Hoc Citizens Committee with that responsibility and has established the
Committee's Method for carrying out its directive. On February 26, 2013, the City Council authorized the
Committee to solicit and evaluate proposals for funding consideration based on the available fund balance and
provide recommendations to award those funds. Pursuant to the city's Local Coastal Program and zoning
ordinance, ACMF funds may be used for restoring coastal environments, beaches and lagoon environments;
improving lagoon nature centers; and purchasing and improving agricultural lands.
The ACMF Fund consists ofthe following:
• Encumbered fund balance:
o Funding set aside for the Committee's operating costs
o Funding awarded to grantees that has not yet been disbursed.
• Available fund balance—the amount of unencumbered funds that can be made available to future
grantees.
Reallocation of ACMF Funds
The Committee recommends that the City Council reallocate the remaining $615,940 of the encumbered fund
balance, which has been set aside for a previously awarded ACMF Grant Project (AGP). This would bring the
DEPARTMENT CONTACT: Kevin Pointer 760-602-4620 kevin.pointer(5)carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED • CONTINUEDTO DATE SPECIFIC •
DENIED • CONTINUEDTO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
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available Fund balance to $1,131,856.28. ACMF grant project (AGP) 06-10 - Carlsbad Beach Nourishment, was
recently completed under the $1.5 million awarded for the project. The cost savings is a direct result of
partnering with SANDAG in the region-wide beach sand replenishment effort, which reduced the funding needed
by using an economies of scale strategy. Through this partnership strategy, the city has saved $615,940. The
Committee, therefore recommends that the City Council reallocate $615,940 in unused funds awarded for AGP
06-10 to make it available for other grant projects.
Award of ACMF Grants
Between April and June 2013, the Committee accepted and evaluated six grant applications for ACMF funding
from three organizations. Copies of the grant applications received are on file at the city's Faraday Building in the
Community & Economic Development Department. The total amount of funding requested was $1,214,775,
which is $87,166.47 more than the amount that could be made available. The Committee recommends funding
five of the applications in full, and partially funding the remaining application. Although the applicant for AGP 13-
04 - Floral Trade Center Improvements originally requested $250,000 in funding for the project, the Committee
recommends funding the project with approximately $163,000 given that the funding requested from all grantees
exceeds the funding that could be made available with reallocating funds from AGP 06-10 - Carlsbad Beach
Nourishment. A summary of the Committee's funding recommendations is attached to the City Council
Resolution as Exhibit A.
Renewal of Committee's Term
The Committee's term has most recently been reestablished by City Council in 2009 and expired on August 9,
2013. Since the fund will continue to accrue based on the conversion of remaining coastal agricultural land,
additional work remains to be completed by the Committee. This work includes making recommendations on the
allocation of those funds, as well as monitoring the progress of awarded grant projects. The Committee
recommends that the City Council extend the Committee's term for an additional four years and approve a
budget of $3,000 to support the Committee's operations over the Committee's renewed four-year term.
Appointment of Committee Members
Each of the existing Committee members expressed an interest in continuing to serve on the Committee. A
roster of the existing seven-member Committee is attached as Exhibit 2. Appointments to the Committee are
made by the Mayor with the advice and recommendations of the City Council.
Miscellaneous Committee Recommendation
At the Committee's meeting of June 25, 2013, the Committee passed a motion to convey to the City Council the
Committee's concerns regarding the future ofthe strawberry fields and Carlsbad Strawberry Company business,
if and when the development of the San Diego Gas & Electric parcel takes place. The Committee's motion was
passed in response to concerns raised by Peter Mackauf General Manager ofthe Carlsbad Strawberry Company.
Additional detail regarding the June 25, 2013 Committee is included in Exhibit 3 (Draft Committee meeting
minutes).
FISCAL IMPACT;
Agricultural Conversion Mitigation fees are collected as coastal agricultural lands that are subject to the fee
convert to urban use. 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 is $515,916.28 and with reallocating unused funds set aside for AGP 06-10 - Carlsbad Beach
Nourishment in the amount of $615,940, the available balance within the fund will increase to $1,131,856.28,
This amount includes interest income accruals deposited into the account since the time the Committee solicited
grant applications in April 2013. The Committee recommends that the City Council approve the allocation of
$1,127,608.53 to fund grant projects. The Committee also recommends that the City Council approve the
existing operating budget originally established through prior City Council action in the amount of $3,000 to
support the Committee's operations over the renewed four-year term. Since $3,000 is already appropriated per
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prior City Council action to support the Committee's operating costs for its term ending on August 9, 2013, the
recommended action would not require appropriating additional funds from the available fund balance.
The only direct cost to the City resulting from the recommended action will be the staff time and miscellaneous
expenses to support ongoing operations ofthe Committee.
ENVIRONMENTAL IMPACT;
The proposed allocation of ACMF funding In the amounts recommended by the Committee is exempt from the
requirements of CEQA. For the projects that are recommended to receive ACMF funding, the award of grant
funding does not authorize, permit, or guarantee the construction of such projects. Because the activity of
awarding funds will not result In any development, construction, alteration of land, or other activity that could
cause a significant effect on the environment, the award of funding is exempt from environmental review
pursuant to CEQA Guidelines Section 15061(b)(3), which states that "CEQA applies only to projects which have
the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA." The projects to which the funding is applicable will be evaluated pursuant to CEQA at the time
development plans for those projects are submitted to the City or other lead permitting agency for review. At
this time, there Is insufficient information to determine whether the projects will result In any significant
environmental impacts.
EXHIBITS;
1. City Council Resolution No. 2013-230
2. Committee Roster
3. Draft Minutes from June 25, 2013 Committee Meeting.
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1 RESOLUTION NO. 2013-230
^ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA, REALLOCATING $615,940 IN AGRICULTURAL
CONVERSION MITIGATION FEE FUNDS; APPROVING THE
4 ALLOCATION OF $1,127,608.53 FROM THE AGRICULTURAL
CONVERSION MITIGATION FEE FUND TO THE ORGANIZATIONS IN
5 THE AMOUNTS RECOMMENDED BY THE AGRICULTURAL
CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY
COMMITTEE, SUBJECT TO THE FINAL SIGNING BY BOTH THE
7 GRANT RECIPIENT AND THE MAYOR OF A FUNDING AGREEMENT
ITEMIZING THE AGREED-UPON PROJECT MILESTONES AND THE
AGREED-UPON TIMING OF THE RELEASE OF FUNDS; RENEWING
THE TERM OF THE AGRICULTURAL CONVERSION MITIGATION FEE
AD HOC CITIZENS ADVISORY COMMITTEE FOR AN ADDITIONAL
10 FOUR YEAR TERM; APPROVING THE CURRENT BUDGET FROM THE
AGRICULTURAL CONVERSION MITIGATION FEE FUND IN THE
11 AMOUNT OF $3,000 FOR THE COMMITTEE'S TERM; AND
APPOINTING MEMBERS TO THE COMMITTEE FOR FOUR-YEAR
TERMS.
CASE NAME: AGRICULTURAL CONVERSION MITIGATION FEE AD
HOC CITIZENS ADVISORY COMMITTEE
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15 follows:
The City Council of the City of Carlsbad, California, does hereby resolve as
WHEREAS, the City Council of the City of Carlsbad has created the Agricultural
Conversion Mitigation Fee Program (Program) and Agricultural Conversion Mitigation Fee fund
(Fund), through which coastal agricultural land may be converted from agricultural land uses to
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20 urban uses based upon the payment of an agricultural conversion mitigation fee; and
21 WHEREAS, on July 28, 2009 the Carlsbad City Council extended the term of the
Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee (Committee) whose
charge is to call for, review and make recommendations to the City Council for proposed
expenditures (Grants) from the Fund in keeping with the directives established by Carlsbad
Municipal Code Section 21.202.060 and the City's Local Coastal Program; and
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27 WHEREAS, $511,668.53 of unencumbered funding Is available to implement the
28 Program; and
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Council Resolution 2007-029 for AGP 06-10 (Carlsbad Beach Nourishment) is no longer needed
to complete the project and could be reallocated for other grants; and
WHEREAS, the Committee was authorized through City Council Resolution 2013-
047 to solicit and evaluate proposals for funding consideration and provide recommendations
1 WHEREAS, $615,940 In funding that was previously appropriated through City
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WHEREAS, between April and May 2013 the Committee solicited grant proposals
and evaluated all proposals received for eligibility and merit In a manner consistent with the
Approved Method of Carrying out the Committee's Directive (Method), which was reviewed
and approved though City Council Resolution 2009-039; and
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j3 WHEREAS, based on the Committee's review of grant applications, which
14 occurred on June 25, 2013, the Committee recommends that the City Council approve the
15 allocation of funds to the recipients in the amounts shown on the attached "Exhibit A
Agricultural Conversion Mitigation Fee Program - Committee Recommendation of 2013 Grant
Applications;" and
WHEREAS, the Committee's term expired on August 9, 2013; and
WHEREAS, the Committee recommended that the City Council reinstate the
21 Committee for an additional four years and appropriate a budget not to exceed $3,000 for the
Committee's term.
23 NOW THEREFORE, the City Council of the City of Carlsbad does hereby resolve as
follows:
1. That the above recitations are true and correct.
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1 2. That the City Council hereby reallocates $615,940 in unused funding from
2 AGP 06-10 - Carlsbad Beach Nourishment bringing the available fund balance to $1,127,608.
3 3. That the City Council hereby approves the allocation of grants from the
fund to the recipients In the amounts shown on the attached "Exhibit A - Funding
4 Recommendations," subject to the following:
5 a. The final signing by both the grant recipient and the Mayor of a
^ funding agreement approved as to form by the City Attorney itemizing the agreed-upon
milestones and the agreed-upon timing of the release of funds; and
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b. Prior to the execution of funding agreements, the grantees shown
8 on the attached "Exhibit A - Funding Recommendations" shall submit to the city evidence
subject to the satisfaction of the City Planner that the grantee's financial condition adequately
demonstrates the grantee's ability to carry out the project. The financial condition of each
JO grantee shall be evaluated by the City through submittal of one ofthe following
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An audited financial statement (encouraged/preferred);
i. A reviewed financial statement; or,
ii. An lRS-990 tax return.
13 4. That the City Council hereby reinstates the Agricultural Conversion
Mitigation Fee Ad Hoc Citizens Advisory Committee whose charge is to call for, review, and
14 make recommendations to the City Council for proposed expenditures from the Fund via the
following powers, duties and responsibilities:
a. The Committee shall be appointed by the Mayor with the
approval of the City Council and the members shall be seven citizens of the City of Carlsbad,
17 one member from the City Planning Commission and six members at large as follows:
Eric Larson
i. Ken Alfrey
ii. Craig Elliott
V. Richard Erhardt
V. Hope Wrisley
21 vi. Jackie Stone
vii Michael Schumacher (Planning Commissioner)
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b. Beginning on the date this resolution is passed and adopted, the
23 Committee shall exist for a period of four years, or until all Agricultural Conversion Mitigation
Fee funds are allocated, whichever comes first; at the end of this period, the Committee shall
cease to exist unless on or before that expiration date the City Council acts by further
25 resolution to renew its term In either the same or an amended state. The terms of the
Committee members shall be for four years. Committee members shall serve without
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1 c. Staff from the California Coastal Conservancy and the City of
Carlsbad shall be ex-officio, non-voting members of the Committee and shall provide support
^ and advice as appropriate. The Committee shall be given all reasonable tools, resources,
2 background. Information and staff support necessary for it to accomplish its objectives. An
operating budget not to exceed $3,000 for the four-year term established by this resolution Is
4 hereby appropriated from the Fund to support the work of the Committee.
5 d. The Committee shall select a Chairperson and establish Its own
^ meeting schedule (in keeping with section "f"), as necessary and appropriate to accomplish the
work assigned to it by the City Council.
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e. The Committee shall conduct its business In open and public
8 meetings, which shall be subject to the Ralph M. Brown Act ("Act," Government Code Sections
54950, et seq.) and shall only meet in closed session upon advice of the City Attorney In
accordance with the Act.
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f. The principal charge of the Committee Is to make
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the mandates established by Carlsbad Municipal Code Section 21.202.060, incorporated herein
by reference. The Committee shall meet as necessary, but no less than once annually.
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g. No member of the Committee shall participate in discussions on
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interest.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 10*^ day of September, 2013, by the following vote to wit:
AYES: Council Members Hall, Wood, Blackburn and Douglas.
NOES: Council Member Packard.
ABSENT: None.
MATT HALL, lOiayor
ATTEST:
BARBARA ENGLESON,^ity Clerk
'Exhibit A~Funding Recommendations''
Agricultural Conversion Mitigation Fee Program
Committee Recommendations of 2013 Grant Applications
Application/
Project
Number
Applicant Project Name Project Description
Eligibility Category*
(as selected by
applicant)
Funding
Requested
Funding
Recommended
AGP 13-01
Batiquitos Lagoon
Foundation
Nature Center
Replacement Project-
Grant Augmentation
Additional funding for previously
awarded grant to replace lagoon nature
center
D $49,542 $49,542
AGP 13-02
Batiquitos Lagoon
Foundation
Lagoon Ecological
Reserve North Shore
Restoration—Phase 2
Planning, public outreach, invasive
plant treatment and removal, habitat
restoration, maintenance and reporting
A $20,733 $20,733
AGP 13-03
Carlsbad Ranch
Company, L.P.
Orchard, Fields and
Floral Trade Center
Access
Creation of an access road off Carlsbad
Ranch agricultural lands connecting
Cannon Road and Car Country Drive
B $600,000 $600,000
AGP 13-04
Carlsbad Ranch
Company, L.P. Floral Trade Center
Improvements
Coolers, display and supporting
equipment for operation of relocated
Floral Trade Center
B $250,000 $162,833.53
AGP 13-05
Carlsbad Ranch
Company, L.P.
Orchards and Field Crop
Installation and
Development
Installation and cultivation of
blueberries, tangerines, hops, olives
and pitahaya (dragon fruit)
B $271,000 $271,000
AGP 13-06
Buena Vista Audubon
Society
Kiosk Refurbishment
and interpretive Signage
Installation
Kiosk and interpretive signage for
Buena Vista Lagoon trail system D $23,500 $23,500
TOTAL: $1,214,775 $1,127,608.53
A.
B.
Restoration ofthe coastal and lagoon environment;
Purchase and improvement of agricultural lands:
o For continued agriculture production, or
o For the provision of research activities or ancillary uses necessary for the continued production of agriculture/aquaculture in the
Coastal zone, including farm worker housing;
Restoration of beaches for public use; or
Improvements to existing or proposed lagoon nature centers.
"Exhibit 2: Committee Roster"
^ CITY OF CARLSBAD
^ AGRICULTURAL CONVERSION MITIGATION FEE
CARLSBAD (ACMF) AD HOC CITIZENS ADVISORY
COMMITTEE
COMMITTEE ROSTER
Voting Members:
Eric Larson, Chairperson
Hope Wrisley, Vice Chairperson
Ken Alfrey, Committee Member
Craig Elliott, Committee Member
Richard Erhardt, Committee Member
Jackie Stone, Committee Member
Michael Schumacher, Committee Member
Non-Voting Members/Staff:
Kevin Pointer, Associate Planner
Deborah Ruddock or designee, California Coastal Conservancy (Ex-Offlcio Member)
D
'Exhibit 3—Draft Minutes from June 25, 2013'
^ CITY OF CARLSBAD
^ AGRICULTURAL CONVERSION MITIGATION FEE
CARLSBAD (ACMF) AD HOC CITIZENS ADVISORY
COMMITTEE
MINUTES
Tuesday, June 25, 2013
Faraday Center, Room 173A
1635 Faraday Avenue, Carlsbad, CA 92008
1. CALL TO ORDER:
ACTION: Chairperson Larson called the meeting to order at 10:02 a.m. and reordered the
agenda to hear Item #8, Public Comment, after Item #2, Approval of Nov. 28,2012 Minutes.
Committee Members Present:
Chairperson Eric Larson; Committee members Ken Alfrey, Craig Elliott, Jackie Stone, and Michael
Schumacher
Committee Members Absent:
Vice Chairperson Hope Wrisley, and Committee member and Richard Erhardt
Staff Members Preser^t:
Associate Planner, Kevin Pointer
2. APPROVAL OF NOV. 28, 2012 MINUTES:
ACTION: Vice Chairperson Wrisley moved to approve the minutes of the November 28,
2012 Committee meeting Including, as drafted. The motion was seconded by Committee
member Elliott and carried with the following vote:
AYES: Chairperson Larson; Vice Chairperson Wrisley; Committee members
Elliott, Stone, and Schumacher,
NOES: None
ABSTAIN: None
8. PUBUC COMMENT:
Peter Mackauff, General Manager of the Carlsbad Strawberry Company informed the
Committee of a dilemma that would occur if the SDGE/Caruso property is developed. He
indicated that direct retail represents the majority of sales of strawberries for the Carlsbad
Strawberry Company. He indicated that if and when the SDGE/Caruso site is developed, it
would create significant impacts affecting the sustainability of the strawberry fields business
operations. Mr. Mackauff encouraged the Committee to reserve Agricultural Conversion
"Exhibit 3-Draft Minutes-6/15/13 Committee Meeting"
Mitigation Fee funds for the Carlsbad Strawberry Company to study and potentially mitigate the
impacts caused by the development ofthe SDGE/Caruso property.
Chairperson Larson informed Mr. Mackauff that if and when the SDGE/Caruso property is
developed, the development would have to undergo environmental review through CEQA,
whereby impacts generated therefrom would have to be analyzed and mitigated where
appropriate. Additionally, Mr. Larson asked staff whether the SDGE/Caruso property would
contribute funds into the Agricultural Conversion Mitigation Fee fund when it is developed. Mr.
Pointer indicated that he didn't know if the property was identified as coastal agricultural land
that is subject to the ACMF program. Mr. Pointer indicated that he would research whether the
property is subject to the ACMF program and if the property owner/developer would be
responsible for mitigating the loss of agricultural land if and when it is developed.
3. STATUS OF PROJECTS AWARDED WITH AGRICULTURAL CONVERSION MITIGATION FEE
FUNDING:
The Committee received a report from Mr. Pointer on the status of the twenty grant projects
awarded between 2007 and 2010. Mr. Pointer reported that nine projects have received full
disbursement of funding and have been fully implemented/completed. Two projects have
received full disbursement of funding and project implementation is in progress. Eight projects
have received partial disbursement of funding and project implementation is in progress. One
project has received no disbursement of funding.
At the Nov. 28, 2012 Committee meeting Vice Chairperson Wrisley indicated that she had heard
rumor that Agua Hedionda Lagoon Foundation was not financially stable and requested that
Agua Hedionda Lagoon Foundation representatives address those rumors. Agua Hedionda
Lagoon Foundation president Michael Metts responded to those rumors and indicated that the
Foundation is, in fact, financially stable. Although fundraising has been slightly more difficult
over the past couple years, no other financially worrisome factors exist for the Foundation.
Fred Sandquist, Batiquitos Lagoon Foundation addressed the Committee and provided
additional status updates to the Committee on the three grants awarded to the Foundation,
noting that the Foundation is successfully making progress on each.
The Committee directed specific project-related questions to grantees in attendance and
received supplemental information from those grantees.
4. RECEIVE REPORT ON THE AVAILABLE FUND BALANCE;
The Committee received a report from Mr. Pointer on the available fund balance within the
account. Mr. Pointer noted $511,668.53 exists within the account and could be awarded to
grantees. Mr. Pointer additionally noted that the city has fulfilled its financial obligation to
SANDAG for AGP 06-10—Carlsbad Beach Nourishment and that the project was completed at
$615,940 under budget. He indicated that the Committee could recommend, and the City
Council could subsequently take action, to reprogram those funds and make them available to
fund additional grant projects. After reprogramming those funds, there would be $1,127,608.53
available to fund additional grant projects.
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"Exhibit 3—Draft Minutes—6/15/13 Committee Meeting"
5. COMMITTEE REVIEW AND DISCUSSION OF GRANT APPLICATIONS SUBMITTED FOR FUNDING
CONSIDERATION:
The Committee received a report from Mr. Pointer on the six applications that were received
during the grant solicitation period that took place between April and May. He indicated that
whereas $511,668.53 is currently available within the account, that amount could increase to
$1,127,608 with the reprogramming of funds from AGP 06-10. Nonetheless, the total grant
funding requested from applicants totals $1,214,775, which is $87,166.47 more than could be
made available.
Mr. Pointer reminded the Committee of the approved method of carrying out its directive,
which establishes the evaluative process for considering grant applications and making
recommendations to the City Council.
The Committee received a report from Mr. Sandquist who summarized the grant application his
organization submitted to request augmented grant funding for the Lagoon Nature Center
replacement project. The Committee then received a report from Chris Calkins representing
Carlsbad Ranch Company, LP. on the three grant applications submitted by his organization.
The Committee also received a report from David Billings representing Buena Vista Audubon
Society and their grant application for kiosk refurbishment and interpretive signage
The Committee discussed each of the grant applications and considered partially funding each
grant application versus funding one of them less the total funding available. Mr. Calkins
addressed the Committee again and suggested partially funding AGP 13-04—Floral Trade Center
Improvements instead of partially funding each ofthe grant applications.
ACTION: Committee member Schumacher moved that the Committee recommend that
the City Council:
1) Reprogram $615,940 in previously awarded funds from AGP 06-10—Carlsbad
Beach Nourishment; and,
2) Fully fund all Agricultural Gran Projects (AGPs) submitted, with the exception of
AGP 13-04—Floral Trade Center Improvements, which is recommended to be
funded at $162,833.53.
The motion was seconded by Committee member Elliott and carried unanimously.
6. DISCUSSION ON RENEWAL OF COMMITTEE'S TERM:
The Committee received a report from Mr. Pointer who indicated that the Committee's term
was set to expire on August 2, 2013. Mr. Pointer also indicated that extension of the
Committee's term would be necessary to make recommendations on award of future fund
balances that would accrue. Mr. Pointer indicated that in the past, the City Council has created
the Committee for four-year terms with an operating budget of $3,000 annually. Mr. Pointer
also indicated that he Committee would need to make future recommendations on AGP 06-12 -
Batiquitos Lagoon Monitoring and Management Program - which was awarded with a condition
that only a portion ofthe encumbered grant would be funded. Funding the remaining portions
ofthe grant would first require Committee review and City Council approval.
Page 3
"Exhibit 3—Draft Minutes—6/15/13 Committee Meeting"
ACTION: Committee member Stone moved that the Committee recommend that the City
Council extend the Committee's term for an additional four years and appropriate an operating
budget not to exceed $3,000 annually. Committee member Schumacher seconded the motion,
which carried unanimously.
7. COMMITTEE SCHEDULE FOR GRANT EVALUATION AND FUTURE MEETING DATES:
Mr. Pointer indicated that this item was scheduled for the Committee to consider additional
meeting dates if it were unable to complete all of the business on the Committee's agenda.
Seeing the Committee having completed all necessary business. Chairperson Larson opened and
closed the item.
8. PUBUC COMMENT (CONTINUED):
Chairperson Larson reopened public comment to provide another opportunity for speakers to
address the Committee.
Mr. Mackauff again addressed the Committee recommending that they consider recommending
that the City Council set aside an undisclosed amount in ACMF Funds to study and mitigate the
impacts that potential development of the SDGE/Caruso property would have on the Carlsbad
Strawberry Company's business.
Chairperson Larson indicated that according to the Committee's approved method for carrying
out its directive, the Committee will specifically not "hold back" funds for future awards.
Mr. Mackauff continued to encourage the Committee to send the City Council a message that it
has concerns regarding the future ofthe Carlsbad Strawberry Company.
ACTION: Chairperson Larson moved the Committee convey to the City Council that it has
concerns regarding the future ofthe Carlsbad Strawberry Fields if and when the development of
the SDGE parcel takes place. Committee member Elliott seconded the motion and the motion
carried unanimously.
9. ADJOURN:
Chairperson Larson adjourned the meeting at 11:28 a.m.
RESPECTFULLY SUBMITTED,
Kevin Pointer, Associate Planner
Page 4
Morgen Fry
Subject: FW: Council Inquiry Regarding Sept 10 Agenda Items •^mti^^'^*.
Attachments: Local Preference.xisx ^^^^'^^
For the Information of the-
CITY COUNCIL y*
„^.,„ ,„„^ ^ _ _
From: Greg Hermann Date^^^Cky Manager
Sent: Tuesday, September 10, 2013 1:23 PM
To: Council Archive
Cc: John Coates; Gary Barberio
Subject: Council Inquiry Regarding Sept. 10 Agenda Items
Hello,
Below find the responses to the questions from yesterday's briefings. Please let me know if you have any questions.
Greg
Item #1
Question: Is the Wildland Interface Fire Engine the vehicle that the Flre Department has been asking for In the past and
has been denied?
Answer: The Wildland Interface Fire Engine that is being requested tonight is 17 years old and is in need of replacement.
This is the first request to replace this vehicle. Discussions in past years for other additional vehicles are no longer
current. The Fire Department does not have, at this moment, any unmet apparatus needs other than the vehicle
specified in this item.
Question: Why are we purchasing police sedans from a vendor in La Mesa, California and not from local vendors?
Answer: The Municipal Code allows us to join in cooperative purchasing agreements. It allows for the purchasing officer
to have "the authority to join with other public or quasi-public agencies in cooperative purchasing plans or programs for
the purchase of Goods and/or Services by Contract, arrangement or Agreement as allowed by law and as determined by
the Purchasing Officer to be in the City's best interest." San Luis Obispo procured pricing via a competitive bid process
for police patrol sedans, and we are allowed to join with this public agency per the municipal code. Local providers have
not been as competitive, based on previous experience with formal bids and do not offer this model for sale.
Question: Do we provide a purchasing preference for local vendors?
Answer: Our current policy is to provide local vendors with a one percent "discount" on bids for goods. The rationale is
that one percent ofthe eight percent sales tax paid by a vendor would go to the city of Carlsbad. This rationale, of
course; assumes a local vendor would be purchasing goods within city limits.
Previously, we conducted a survey of local cities and their respective local preference policies. The results are attached.
Question: What are the sales tax implications when a vehicle is purchased outside of Carlsbad?
Answer: Generally speaking, one percent of the sales tax goes to the city In which the point of sale is located. There are
some nuances, however, in vehicle sales. The tax rate that is charged when a vehicle is purchased is the tax rate of the
buyer's residence. For example, a Carlsbad resident that purchases a car in La Mesa will pay sales tax applicable at the
Carlsbad rate (the rate in Carlsbad is 8 percent versus La Mesa's rate of 8.75 percent). However, the one percent
Bradley Burns portion of the tax that gets collected is given to the city in which point of sale is (La Mesa in our
example). Additionally, if there are any district taxes or transactional use taxes (ie. SANDAG Transnet), those are
allocated to the city where the vehicle will be used. Thus, if a resident in Orange County came to Car Country Carlsbad
they would have to pay any voter approved district taxes and transactional use taxes for Orange County.
Question: Is the City of Carlsbad exempt from paying sales tax on purchased goods?
Answer: No. A list of exemptions and exclusions for sales taxes can be found on the California Board of Equalization web
site. Although a number of nonprofit, religious, and organizational organizations qualify for exemptions, municipal
governments do not.
Item #5
Question: What is the policy concerning the funding and selection of public art in the proposed roundabout?
Answer; Carlsbad Municipal Code authorizes the City Council to make appropriations at their discretion for public art in
conjunction with construction projects Included in the city's capital improvement program. It specifies that city
departments include In requests for authorizations or appropriations for construction projects, an amount for works of
art equal to at least one percent of the total cost of the construction project as estimated In the city's capital
improvement program. Because the Carlsbad Blvd/State St roundabout was not processed as a project through the
city's capital Improvement program, an appropriation has not yet been made for this construction project and is being
requested at this time.
Once the appropriation is made, the Arts Commission establishes a Public Art Selection Committee to select an artist
who works with the project team to develop design concepts. The design is brought to the Arts Commission for
review. Once accepted, the design is put out for public feedback. A report and recommendation which includes that
feedback is forwarded by the Arts Commission to the City Council for approval.
Item #10:
Question: What is the parking requirement for the Bluewater project and how was it met?
Answer: The Bluewater project requires 22 on-site parking spaces and 22 spaces are being provided. The project will
also provide a bicycle parking area. The required parking forthe Bluewater project is based on the parking requirements
set forth in the Village Master Plan for restaurants (1 space/100 net sq, ft.) and microbreweries (1 space/300 net sq.
ft.). The Bluewater application does not include a request for any standards modifications for parking. The project will
benefit from several hotels being within walking distance and having nearby public parking lots located at the southern
end of Ocean Street (Off Shore Surf Shop) and on Washington Street at Carlsbad Village Drive. Umited on-street public
parking also exists within convenient walking distance ofthe project site.
Item #15:
Question: What is the funding history of our Beach Sand Replenishment projects? Are there other funding sources that
could be used for these projects?
Answer: In 2001, SANDAG completed a Regional Beach Sand replenishment Project (RBSP 1) to place 2.1 million cubic
yards of sand on twelve beaches from Imperial Beach to Oceanside. Two of these beaches were tocated in
Carlsbad. The project was funded entirely with state and federal funds.
In 2006, the City Council awarded $1.5 million in Agricultural Conversion Mitigation Fee (ACMF) funds to support a
second beach sand replenishment effort. The City ofCarlsbad and other cities with receiver beaches partnered with
SANDAG to complete the work as part ofthe second RBSP (RBSP 11). RBSP 11 was completed in 2012 with 360,000 cubic
yards of beach sand deposited on Carlsbad beaches. The total cost of the project was approximately $26 million. The
state funded 85 percent ofthe project, with cities funding the remaining balance (15 percent). Carlsbad's contribution
toward the project was $884,060. The remaining $615,940 Is being recommended to be put back Into the ACMF for
other projects. When RBSP ll was completed, it was expected that the next RBSP effort would not be needed for several
years.
The City ofCarlsbad does not have a programmed funding source to contribute funds toward any future RBSP. With
regard to the ACMF Program, city staff estimates that by the time all coastal agricultural land is converted to urban uses,
the conversion of these lands will generate anywhere between $900,000 and $1.4 million dollars in additional ACMF
funds that could be used for future sand replenishment projects. Other possible funding sources could include the
general fund, transient occupancy tax and state and federal grants.
Question: What was the Agriculture Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee recommendation to
the City Council concerning the SDGSiE/Caruso property?
Answer: At its meeting on June 25, 2013 the Agricultural Conversion Mitigation Fee (ACMF) Ad Hoc Citizens Advisory
Committee received public comment from Peter Mackauf, general manager for the Carlsbad Strawberry
Company. Mackauf requested that the Committee encourage the City Council to set aside an unspecified amount of
ACMF funds to study and mitigate the Impacts that potential development ofthe SDGSiE/Caruso property would have
on the Carlsbad Strawberry Company's business. Mackauf indicated that if, and when, the SDG81E property is
developed, it would create significant Impacts affecting the sustainability ofthe Carlsbad Strawberry Company's
business operations.
Committee Chairperson Eric Larson indicated that according to the Committee's policies and procedures, the Committee
will specifically not "hold back" funds for future awards. Mackauf insisted that the Committee encourage the City
Council to set aside funds to study the impacts that development ofthe SDGStE/Caruso property would have on the
Carlsbad Strawberry Company. Larson moved that the Committee convey to the City Council that it has concerns
regarding the future ofthe Carlsbad Strawberry Company's business, if, and when, development ofthe property takes
place. The motion carried unanimously.
Foltowing the meeting, Caruso Affiliated was notified that this issue was raised. Caruso Affiliated was subsequently
provided with a copy ofthe draft minutes from the Committee meeting.
Development of the SDG&E/Caruso property is not subject to the ACMF program at this time, but that is subject to
change pending approval ofa Local Coastal Amendment program submitted to the California Coastal Commission.
LOCAL BUSINESS PREFERENCE POLICY
Citv Percentaee Details
1 Chula Vista 0% Preference given in a tie 1
2 Coronado 0% 2
3 Del Mar 0% 3
4 Imperial Beach 0% 4
5 Lemon Grove 0% 5
6 Oceanside 0% 6
7 Santee 0% 7
8 Solana Beach 0% 8
9 Visalia 0% Preference given in a tie 9
10 Carlsbad 1% Goods 10
11 El Cajon 1% Goods 11
12 Escondido 1% Goods 12
13 Ontario 1% Goods and services 13
14 Santa Monica 1% Goods and services 14
15 Sunnyvale 1% Goods 15
16 Vista 1% Goods and services, excluding public works projects 16
17 Pasadena l%/5% 1% on goods, 5% on services 17
18 La Mesa 1.75% Goods and services 18
19 National City 2% Goods and services 19
20 Freemont 2.5% Goods and services, not to exceed $5,000 20
21 San Jose 2,5% /5 points 2.5% on goods, 5 points out of 100 on services 21
22 Murrieta 3% Goods 22
23 Berkeley 5% Goods and services, not to exceed $1,250 23
24 Concord 5% Goods and services, not to exceed $5,000 24
25 Huntington Beach 5% Goods and services, not to exceed $5,000 25
26 Irvine 5% GoodS; not to exceed $2,000 26
27 Morro Bay 5% Goods 27
28 Vallejo 5% Goods and services, not to exceed $10,000 28
29 Windsor 5% Goods and services 29
30 Long Beach 10% Goods and non-professional services, not to exceed $10,000 30
31 Tracy 10% Goods and services, not to exceed $3,000 31
LOCAL BUSINESS PREFERENCE POUCY
September 2011
gty Percentage
Carlsbad
Chula Vista
Coronado
Del Mar
El Cajon
Encinitas
Escondido
Imperial Beach
La Mesa
Lemon Grove
National City
Oceanside
Poway
San Marcos
Santa Monica
Santee
Solana Beach
Vista
1%
0%
0%
0%
1%
No Response
1%
0%
1.75%
0%
2%
0%
1%
No Response
1%
0%
0%
1%
ffi
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r •I • Carlsbad Organic AgVentures Farm & Market
A Project ofthe Carlsbad Flower Fields & Carltas Company
21^^ Century Agricultural Development in Support of Emerging Community Needs
Integrated Value Enhancement Design Proposal
A special interdisciplinary project of the College of
Architecure & Environmentol Design & the College of
Agriculture, Food, and Environmental Sciences at California
Polytechnic State University in San Luis Obispo, CA
Presented to Carltas Company on June 3, 2012
^^^^^^^^^^^
Section III —Crop Selection Recommendations
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Funding Recommendations
from the Agricultural Conversion
Mitigation Fee Committee
Kevin Pointer
Sept. 10, 2013
Fund Balance
•ACMF Fees are collected as agricultural lands
convert to urban uses
•$515,916 is available
•$615,940 may be reallocated and made
available bringing the available balance to
$1,131,856
Eligibility Criteria
•Restoring coastal and lagoon environments
•Improving/purchasing agricultural land
•Restoring beaches
•Improving lagoon nature centers
3
Committee Recommendations
•Reallocate $615,940, bringing available
balance to $1,131,856
•Fund six projects at $1,127,608.53
•Renew Committee’s term
•Approve a $3,000 operating budget
•Appoint members to the Committee
4