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HomeMy WebLinkAbout2008-02-19; City Council; 19327; Agricultural Conversion Mitigation Fee Ad HocCITY OF CARLSBAD - AGENDA BILL 19.327 MTG. 02/19/08 DEPT.PLN Agricultural Conversion Mitigation Fee Ad Hoc Citizen's Advisory Committee Additional Funding Recommendations DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2008-050 APPROVING the allocation of funds from the Agricultural Conversion Mitigation Fee Fund to the organizations in the amounts identified in Exhibit "A" ("Funding Recommendations"), attached, subject to the stipulations in Exhibit "A," and subject to the final signing by both the grant recipient and the Mayor of a Letter of Agreement approved as to form by the City Attorney itemizing the agreed-upon project milestones and the associated timing of the release of funds. ITEM EXPLANATION: On February 13, 2007, the City Council approved the Agricultural Conversion Mitigation Fee Committee's (Committee) first set of funding recommendations. Approval of these recommendations resulted in the allocation of $3,300,500 from the Agricultural Conversion Mitigation Fee Fund for nine projects. Many of these projects have now received their requested funding. The Committee's recommendations resulted from its meeting of November 18, 2006. At this meeting, the Committee also placed on hold the following four proposals for further analysis and applicant input: Proposal Number AGP 06-03 AGP 06-1 2 AGP 06-1 6 AGP 06-1 3 Proposal Replace and improve Batiquitos Lagoon Foundation Nature Center Develop Batiquitos Lagoon Monitoring and Management Plan Program Construct new farmworker housing/homeless shelter at La Posada de Guadalupe Maintain and construct trails around Agua Hedionda Lagoon Applicant Batiquitos Lagoon Foundation Batiquitos Lagoon Foundation Catholic Charities Agua Hedionda Lagoon Foundation Total Funding Requested $180,732 $780,589 $2,000,000 $305,750 $3,267,071 At subsequent meetings on April 27 and June 6 of 2007, the Committee recommended the funding requested for these four remaining proposals. The Committee discussed each proposal at length; meeting minutes are attached. Catholic Charities proposed construction of farmworker housing would require the demolishing and rebuilding of the existing homeless shelter on the La Posada de Guadalupe property. Construction of a homeless shelter is not an eligible project for Agricultural Conversion Mitigation Fees (see attached DEPARTMENT CONTACT: Scott Donnell 760-602-4618 sdonn@ci.carlsbad.ca.us FOR C/7Y CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 - Agricultural Conversion Mitigation Fee Ad Hoc Citizen's Advisory Committee Additional Funding Recommendations Exhibit B for eligible project categories). However, Catholic Charities has indicated the funding it requests would go directly to the farmworker housing component only. The Committee fully supported Catholic Charities' request with the stipulation that only $108,500 of the $2,000,000 requested be funded at this time and the balance be held for future funding consideration. This smaller amount would enable Catholic Charities to prepare plans and studies so project costs may be accurately determined and reported to the Committee at a future date. Then, funding from the remaining balance could be considered by the Committee, subject to Council approval. The Committee also fully supported both Batiquitos Lagoon Foundation (BLF) requests. However, some members questioned approving the Lagoon Management and Monitoring Plan Program proposal since the state Department of Fish and Game (DFG) is the responsible lagoon steward and substantive data on the lagoon's condition and maintenance needs is lacking. Ultimately, the Committee acknowledged that support of the proposal, which would be a six year effort, would be in the City's best interest. Upon further research and discussion in late 2007, staff confirmed members' concerns. Moreover, staff notes that if substantive data on the lagoon were available, the data could change tasks identified in BLF's proposal. Therefore, full funding of BLF's request at this time would not be prudent. Instead, and with the foundation's concurrence (see attached letter), staff recommends the Council approve a two-part funding plan. The first part would release $74,995 of the organization's requested amount now to fund two proposed Lagoon Monitoring and Management Plan Program activities: (1) collect and report on bathymetric and tidal data and (2) implement maintenance activities (e.g., plant removal and restoration) over a six year period. The maintenance activities are outside DFG's lagoon stewardship responsibilities. The second part of the recommended plan would defer funding the remainder of BLF's request until objectives are achieved to identify DFG's stewardship responsibilities and capabilities, assess the current health of the lagoon, and, possibly, identify any needed actions. This effort would require the cooperation and input of the City, DFG, BLF, and other interested parties and would be aided by BLF's proposed bathymetric and tidal data report and the release of two other reports in the next few months; the first is the Annual Habitat Management Plan Report. The second is the 10-Year Monitoring Report, the last of a series of studies prepared following the completion of Batiquitos Lagoon Enhancement Project in 1997. Staff recommends deferring the balance of BLF's request ($705,594) for nine months. If it is not possible to achieve the objectives identified above within that time frame, funding could be reprogrammed or deferred again. The Council would make any decision to award, reprogram, or additionally defer the balance. Potentially, additional review and recommendation by the Committee may be necessary. If possible, future action on the deferred balance would be grouped with the next set of funding recommendations for Agricultural Mitigation Conversion Fees. FISCAL IMPACT: Agricultural Conversion Mitigation Fees are collected as lands subject to the fee develop. These funds have been set aside in a special city fund dedicated to providing the types of project grants requested. As of January 11, 2008, available funds totaled $3,815,170. The table below shows the current available fund total and how this amount would be reduced by the recommended appropriation (partial funding only of the Catholic Charities and one of the Batiquitos Lagoon Foundation requests, as discussed above) and a full appropriation (all projects fully funded at the amounts shown in the table above). The table also provides previous fund balance information and the Council-approved appropriation for the first set of funding proposals from February of last year. Page 3 - Agricultural Conversion Mitigation Fee Ad Hoc Citizen's Advisory Committee Additional Funding Recommendations Agricultural Mitigation Fee Balance February 2007 available cash balance Council-approved appropriation for first set of funding proposals January 2008 available remaining cash balance Existing appropriation for Committee operations Recommended appropriation (partial funding of AGP 06-1 2 and 06-1 6 only) Potential remaining balance, partial funding $6,773,704 -$3,300,500 $3,815,170 -$18,000 -$669,977 $3,127,193 '• '-if S'^^'iffe •/rSll^il^^ Full appropriation (all projects fully funded) Potential remaining balance, full funding -$3,267,07? $530,099 The remaining balance is expected to grow as lands subject to the fee develop. ENVIRONMENTAL IMPACT: The recommended action to approve funding for the four projects is exempt from environmental review per CEQA Guideline 15061 (b) (3). This section states that CEQA applies only to projects with the potential to have a significant effect on the environment, which the recommended action does not. While the recommended action in and of itself does not have environmental impacts, implementation of each of the four projects may. However, the projects proposed are still conceptual at this time and therefore it is not possible to obtain meaningful information about their potential impacts. Further, it is not necessary to have this information to make an informed decision as to whether to approve funding. As each project is better defined the appropriate level of CEQA review will be conducted. EXHIBITS: 1. 2. 3. 4. 5. 6. City Council Resolution No. 2008-050 Exhibit "A" - Funding Recommendations Exhibit "B" - Funding Recommendations by Eligibility Category Approved Agricultural Conversion Mitigation Fee Ad Hoc Citizen's Advisory Committee Minutes of April 27, 2007 Draft Agricultural Conversion Mitigation Fee Ad Hoc Citizen's Advisory Committee Minutes of June 6, 2007 December 13, 2007 letter from Batiquitos Lagoon Foundation. 1 RESOLUTION NO. 2008-050 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING AN ALLOCATION OF GRANT FUNDS FROM THE AGRICULTURAL CONVERSION 4 MITIGATION FEE FUND BASED UPON THE RECOMMENDATIONS OF THE AGRICULTURAL CONVERSION 5 MITIGATION FEE COMMITTEE AND CITY STAFF 6 WHEREAS, on August 2, 2005, the Carlsbad City Council created the 7 Agricultural Conversion Mitigation Fee Ad Hoc Citizens' Advisory Committee (i.e., the 8 Committee); and " WHEREAS, the principal charge of the Committee is to make recommendations to the City Council for proposed expenditures from the Agricultural Conversion Mitigation Fee Fund in keeping with the mandates established by Municipal Code Section 21.202.060; and 12 WHEREAS, on May 16, 2006, the Carlsbad City Council approved the 13 Committee's First Report to City Council, containing a detailed proposal of how the Committee 14 would operate to carry out its mandate including how the Committee would evaluate grant 15 proposals; and 16 WHEREAS, the Committee solicited grant proposals and evaluated all proposals 17 received for eligibility and merit in a manner consistent with the approved First Report to City lo jo Council; and 2Q WHEREAS, based upon the Committee's review, which occurred over three 21 meetings on November 18, 2006, April 27, 2007, and June 6, 2007, the Committee hereby 22 recommends that the City Council approve the allocation of funds from the Agricultural 23 Conversion Mitigation Fee Fund to the recipients in the amounts shown on the attached "Exhibit 24 A - Funding Recommendations," subject to the stipulation in Exhibit A regarding Catholic 25 Charities (AGP 06-16); and 26 WHEREAS, once agricultural activities in Carlsbad diminish to the point that the 77 shelter is no longer needed for farmworkers as determined by the City Council after 28 consultations with the applicant, the shelter shall accommodate homeless persons, including families; and WHEREAS, subsequent to the Committee's review, staff performed further 2 analysis of the Batiquitos Lagoon Foundation's (BLF) request to develop a Batiquitos Lagoon 3 Management and Monitoring Plan Program (AGP 06-12) and determined it would not be 4 prudent to fund the entire amount requested due to concerns regarding the lagoon stewardship 5 responsibilities of the Department of Fish and Game (DFG) and the lack of substantive data on 6 the lagoon's condition and maintenance needs, which could affect the program proposed by 7 BLF, and 8 WHEREAS, based on those concerns, staff recommends partial funding of AGP 06-12 at this time per the additional stipulation in Exhibit A regarding the BLF, which would enable the foundation to conduct maintenance activities outside DFG stewardship 12 responsibilities and collect and report on data important to determine the lagoon's condition. 13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 14 of Carlsbad, California, as follows: 15 1. That the above recitations are true and correct. 16 2. That the City Council hereby approves the allocation of grant funds from the Agricultural Conversion Mitigation Fee Fund to the recipients in the amounts shown on the attached "Exhibit A - Funding Recommendations," subject to the stipulations in Exhibit A, and subject to the final signing by both the grant recipient and the Mayor of a letter of agreement approved as to form by the City Attorney itemizing the agreed-upon project milestones and the agreed-upon timing of the release of funds. 20 '" 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the Carlsbad on the 19th day of February, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. UJDE A LEWfS, Ma$67 ATTEST: (SEAL) INE M. WOOD, City Clerk AGRICULTURAL CONVERSION MITIGATION FEE COMMITTEE ADDITIONAL FUNDING RECOMMENDATIONS EXHIBIT "A" FUNDING RECOMMENDATIONS PROPOSAL # AGP 06-03 AGP 06-12 AGP 06-16 AGP 06- 13 PROPOSAL NAME BLF Nature Center Improvements Bat Lagoon Mon'g/Mgmt Plan La Posada Farmworker Housing AH Lagoon Trails PROPOSAL DESCRIPTION Nature Center replacement and improvements Monitor and develop lagoon management plan program Construction of new farmworker housing/homeless shelter at La Posada de Guadalupe Maintenance and construction of trails around Agua Hedionda Lagoon APPLICANT Batiquitos Lagoon Foundation Batiquitos Lagoon Foundation Catholic Charities Agua Hedionda Lagoon Foundation TOTAL FUNDING REQUESTED & RECOMMENDED $180,732 $780,589* $2,000,000* $305,750 $3,267,071 *Stipulations: • For AGP 06-12 (Batiquitos Lagoon Foundation): Encumber entire request indicated, but at this time fund only $74,995 to permit some data collecting and reporting and maintenance as described in the Foundation's December 13, 2007, letter to the City. Funding of part or all of the remaining encumbered balance may first require Agricultural Conversion Mitigation Fee Committee review and shall require City Council approval within approximately nine months from the date of City Council action as expressed in Resolution 2008-050. • For AGP 06-16 (Catholic Charities): Encumber entire request indicated, but at this time fund only $108,500 to allow design work. Funding of part or all of the remaining encumbered balance shall first require Agricultural Conversion Mitigation Fee Committee review and City Council approval. Further, once agricultural activities in Carlsbad diminish to the point that this shelter is no longer needed for farmworkers as determined by the City Council after consultations with the applicant, the farmworker portion of the shelter shall accommodate homeless persons, including families. AGRICULTURAL CONVERSION MITIGATION FEE COMMITTEE ADDITIONAL FUNDING RECOMMENDATIONS EXHIBIT "B" FUNDING RECOMMENDATIONS BY CATEGORY PROPOSAL # AGP 06-03 AGP 06-1 2 AGP 06- 16 AGP 06- 13 PROPOSAL NAME BLF Nature Center Improvements Bat Lagoon Mon'g/Mgmt Plan La Posada Farmworker Housing Agua Hedionda Lagoon Trails FUNDING REQUESTED Category A $780,589* B $2,000,000* c $305,750 D $180,732 ^Funding subject to stipulations as described in Exhibit A. The eligible project categories for which Agricultural Conversion Mitigation Fees may be used are: A. Restoration of the coastal and lagoon environment including but not limited to acquisition, management and/or restoration involving wildlife habitat or open space preservation. B. 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. 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. mXI ro H w Corrected MEETING MINUTES EXHIBIT 4 Minutes of: Type of Meeting: Time of Meeting: Date of Meeting: Place of Meeting: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee ORGANIZATIONAL 1:00 P.M. April 27, 2007 FARADAY CENTER-ROOM 173-A CALL TO ORDER Chairperson Eric Larson called the Meeting to order at 1:05 p.m. Committee Members Present: Eric Larson, Chairperson/Executive Director of the San Diego County Farm Bureau Julie Baker, Planning Commissioner Richard Erhardt, Chairman of the Beach Preservation Committee Ken Alfrey, Board Member, Agua Hedionda Lagoon Foundation Hope Wrisley, Community Leader Irv Rosten - Retired Staff Member Present: Scott Donnell (Senior Planner) Chris DeCerbo (Principal Planner) Facilitator: Jim Boylan PUBLIC ATTENDEES: There was a total of 7 people in audience. The Chairperson received "Request to Speak" slips from the following attendees: Name: Ms. Kasey Cinciarelli, Lyons Ct, Carlsbad, CA 92010 Topic: (Farm Worker Housing) Representing: Self Name: Mr. Fred C. Sandquist, 6408 Crossing Court, Carlsbad, CA 92011 Topic: Batiquitos Lagoon - Nature Center (5A) Monitoring & Management (5B) Representing: Batiquitos Lagoon Foundation Name: Ms. Anne Spacie, 1942 Swallon Lane, Carlsbad, CA Topic: (Batiquitos Lagoon Foundation Monitoring & Management) Representing: Batiquitos Lagoon Foundation Name: Mr. Keith Merkel Topic: (Batiquitos Lagoon Foundation Monitoring & Management) Representing: Merkel & Associates Name: Mr. Tom Maddox, Real Estate Attorney, 511 Rudder Avenue, Carlsbad, CA Topic: (Farm Worker Housing) Representing: City Farm Worker Task Force Name: Mr. Eric Preciado Topic: (Farm Worker Housing) Representing: City Farm Worker Task Force °l Agricultural Committee Minutes April 27,2007 Page 2 APPROVAL OF MINUTES Chairperson Larson proposed a minor grammatical change to the November 18,2006, Meeting Minutes. The word "Association" on page 1 was changed to "Foundation" with regards to the Buena Vista Lagoon Foundation. Action: Motion by Julie Baker and seconded by Richard Erhardt to approve the minutes of the Agricultural Committee Meeting of November 18, 2007, as amended. Vote: 4-0-1 Ayes: Chairperson Larson, Baker, Alfrey, and Rosten Noes: None Abstain: Hope Wrisley Absent: None 4. Committee Update (Re: November 18,2006 Meeting) Jim Boylan, Meeting Facilitator, updated the Committee on the last meeting with a quick reference spreadsheet. Jim Boylan also handed out copies of the funding sheet, which provided the current Agricultural Conversion Mitigation Fee balance. Eric Larson would like projection information on anticipated fee funds collected. Scott Donnell said that he did not know exactly how much that would be except for the fact that the funds appear to have grown by approximately $200,000 since the Committee's last meeting. Scott Donnell summarized the two additional pieces of information that were received from grant applicants and submitted for distribution: 1. Batiquitos Lagoon Foundation in regards to their proposal to update their Nature Center (a January 30, 2007 letter from the Foundation was provided earlier to the Committee). Mr. Donnell suggested the proposal seemed to address Committee concerns with the funding for computer & software. 2. New information provided by Catholic Charities in response to Committee concerns regarding the proposed Homeless & Agricultural Farm Worker Housing. Chairperson Larson confirmed that the Committee had the opportunity to review the material in advance. He then suggested that the Committee first discuss each topic amongst themselves. Once that process has reached a point where they wanted to ask question of the Applicants, the Applicant Representative could then come forward and speak. Due to the possibility of different outcomes, Chairperson Larson recommended to wait for final decision and hold Committees deliberations on all topics until each topic was discussed by the Committee and all the members of the audience had the opportunity to address the Committee on each issue. Prior to proceeding, Chairperson Larson pointed out an Agenda typo for correction. Under Agenda item 5, item #c. should have been "Farmworker Housing" and item #d. would be "Agua Hedionda Lagoon Trails". PUBLIC COMMENT: Ms. Kasey Cinciarelli spoke about items that were not on the Agenda. Ms. Cinciarelli felt that the Grant Period went too fast with the awarding of $6 million. She had a problem with the overall process and requested that it be made fairer in the future. She felt that a longer Grant Period was necessary and the remaining money be handled more carefully. 0 Agricultural Committee Minutes April 27,2007 Page 3 Ms. Cinciarelli stated that some people who are still farming in Carlsbad got the word that they could have stayed in farming with the assistance of some of this money. They knew nothing of the work the City was doing here. She mentioned that Kato & Rudalus could really use that money to continue farming. Ms. Cinciarelli reiterated that the Grant Period was too short and requested that the City put the remaining items on hold; reopen the Grant Period for a longer period of time; and direct staff to reach out to under- represented groups. She felt the need to distribute dollars equitably among the four eligible project categories with direct attention paid to people currently farming and habitat. Ms. Cinciarelli questioned whether there was a limit to the amount of money that the City would give to one (for profit) organization. She felt that far too much money was going towards the Flower Fields and that no consideration was being given to how much money they were already receiving from the City (in other grants). Ms. Cinciarelli said that the City failed to find out (& take into consideration), how much money the Flower Fields were receiving from other resources as well. Ms. Cinciarelli brought up the fact that there was an original requirement that applicants needed to have certified, up-to-date Financial Statements. Unfortunately, several applicants gave up on the process at this point due to the inability to (1) afford the additional expenditure; and (2) produce current Financial Statements within a 6-week period. It turned out that this requirement was subsequently waived for applicants who visited the City Office and talked to the staff. She commented that it wasn't fair that the message that went out to the public was that the Financial Statement requirement was mandatory in order to apply. 5a. Batiquitos Lagoon Foundation Nature Center Improvements (Proposal AGP 06-03) Chairperson Larson reminded the Committee that this item was discussed at the original meeting and it was concluded that there were some questionable "soft" items (software & computer items) which the Committee had requested a breakdown of. As requested, the Batiquitos Lagoon Foundation had returned a detailed breakout of these "soft" costs referred to in the original application. Julie Baker questioned the portable items on the listing... sound system, binoculars, software, computer items, etc. She further confirmed the Committee's previous discussion and understanding that the City was authorizing "building" improvements, not "soft" items that could walk out the door. Chairperson Larson confirmed Julie Baker's understanding and the fact that this matter is exactly what the Committee would be discussing and making a decision on considering the short lifespan of these items. He quoted Item B of the Foundation's application, as stated under the project summary category, which repeats what one of the eligible project categories for funding is: "Improvements to existing or proposed lagoon nature centers." Hope Wrisley commented that these items are improvements to the accessibility and help the public to utilize the Center better. Name: Mr. Fred C. Sandquist, 6408 Crossing Court, Carlsbad, CA 92011 Topic: Batiquitos Lagoon - Nature Center (5A) Monitoring & Management (5B) Representing: Batiquitos Lagoon Foundation (BLF) Mr. Sandquist introduced himself as the President of the Batiquitos Lagoon Foundation. He started by discussing the software requirements since he realized that this was the main concern. Mr. Sandquist explained that instead of purchasing several microscopes (or bird spotting scopes), he felt that one microscope (with video) could project on an existing plasma display screen. This would enable the public to conveniently view a water sample and see what was actually in there. This scenario made more sense to BLF than having everybody crowding around. The second item that Mr. Sandquist referred to was the electrical line item on the budget that the Committee had lined out. Mr. Sandquist stressed that this line item covered the cost of buying an electrical pole that was currently a potential safety hazard. BLF has a temporary 440 volts line that provides power to their Nature Agricultural Committee Minutes April 27,2007 Page 4 Center thru two poles that have been temporary in nature since the late 90's. These poles have fallen down twice and gone into the trees. This remains a huge concern especially since approximately 2,000 school children visit each year. BLF's tenant (Avina Master Association) who owns the property has requested that BLF bury the pole and eliminate this as a safety hazard. Mr. Sandquist respectfully requested that this electrical line item be approved. SUBSEQUENT COMMITTEE DISCUSSION 5a. Batiquitos Lagoon Foundation Nature Center Improvements (Proposal AGP 06-03) Chairperson Eric Larson expressed his appreciation for the Batiquitos Lagoon Foundation's effort to rewrite their documentation in great detail and the resubmittal of their request. Chairperson Larson was prepared to support the request of $10,350 to underground the existing electrical service. Hope Wrisley, Ken Alfrey and Richard Erhardt confirmed that they did not have a problem with the software or the $10,350 request for electrical improvements. Julie Baker was opposed to approving this proposal because she felt there were certain inconsistencies with this and previous decisions. Ms. Baker stated that she was against the approval of items that were not physical to the building. Action: Motion by Hope Wrisley and seconded by Ken Alfrey to approve proposal of the Batiquitos Lagoon Foundation. Vote: 5-1 Ayes: Chairperson Larson, Wrisley, Erhardt, Alfrey, and Rosten Noes: Julie Baker Absent: None 5b. Batiquitos Lagoon Monitoring and Management (Proposal AGP 06-12) Chairperson Larson recapped the issue that was originally discussed by the Committee. He recollected that the Committee was wondering where the actually responsibility lies for monitoring & management of the Batiquitos Lagoon - considering that it was done as a mitigation project. The question amongst the Committee was "Where does that responsibility lie?" The committee was questioning whether it was the City's responsibility, Department of Fish & Game's responsibility, or another agency's charge. Chairperson Larson reiterated that fact that the question wasn't the value of the project, it was whether it was an appropriate usage of agricultural mitigation funds — if there was somebody else that was responsible. Scott Donnell said that he hadn't had the time to research and obtain specific details with regards to who exactly is responsible. He requested more time to give the Committee a complete answer. He has been able to find out some information about the annuity amount that was initially established about 15 years ago. Name: Ms. Anne Spacie, 1942 Swallon Lane, Carlsbad, CA Topic: (Batiquitos Lagoon Foundation Monitoring & Management) Representing: Batiquitos Lagoon Foundation Ms. Spacie pointed out the importance of having some continuity in the monitoring. They haven't had an adequate physical monitoring program at all the past 10 years. The only information they have is from Merkel & Associates and their work on an ad-hoc basis. 12. Agricultural Committee Minutes April 27,2007 Page 5 Good management decisions cannot be made without continuity and proper physical management. If good management decisions aren't made, you end up wasting money. The bottom line is, either too much money will be spent or the effort will be ineffective - or may be both. Ms. Spacie stressed that despite the temptation to table or delay a project, with this particular type of project - its imperative that they receive the seasonal data. She mentioned that this is a very dry year. They need the measurements and without them, it compromises what they can learn. In summary, Ms. Spacie spoke in favor of continuity so that they can make effective management decisions and avoid wasting money down the road. Name: Mr. Keith Merkel Topic: (Batiquitos Lagoon Foundation Monitoring & Management) Representing: Merkel & Associates Mr. Merkel noted his firm has been doing long term monitoring on the lagoon up to this point. He referred to the Committee's concerns from the last meeting with regards to lagoon responsibility. Mr. Merkel wanted to bring some information to the Committee's attention. He noted the Port of L.A. funded the program for the restoration of the lagoon ($62 million). They were responsible thru this long-term endowment for an additional $5+ million that was intended to spin off interest that would maintain the lagoon over time. That endowment was transferred thru a 6 party Memorandum of Understanding (MOD) to the Department of Fish & Game (DFG). The principal obligation was the maintenance dredging, and endangered species monitoring and maintenance. DFG now receives $250,000/year thru this endowment. The area is identified as an ecological reverse reserve and the Department is a steward for that land. Under that stewardship program, they are obligated to maintain the lagoon. DFG is spending more than $250K to do that work. The bottom line, Mr. Merkel noted, is that the original endowment that was intended to cover the maintenance doesn't maintain the specific obligations outlined in the MOU. There is a recapture clause - after 30 years the court & all parties can adjust the endowment as necessary. The Port of L.A. will potentially put an additional $3 million into that endowment. The endowment is just sufficient for the bare minimum and the purpose of this Lagoon Foundation proposal is to bridge the gap. The program is a bridge between what needs to be done to keep the lagoon healthy. Mr. Merkel stressed that the Port doesn't get any more mitigation credit or value from this point on - there's no more gain or loss to them. There's no obligation beyond the $3 million for them to contribute. The City's obligation is open space management. As Anne Spacey indicated previously, unfortunately the physical monitoring has been neglected. Julie Baker questioned what exactly the costs are to maintain the lagoon (besides the $250K) and Keith responded that DFG is spending about $400,000 but their work is not adequate to do the necessary monitoring. Ms. Baker further questioned whether DFG was spending their money wisely & addressing what needs to be done. Keith Merkel said no, that DFG is meeting what it needs to stay consistent with the MOU. At the present time, DFG is not in a situation where they are in violation of the MOU. Irv Roston questioned where the money would go if they received specific funds for monitoring. Keith Merkel responded that they have no more monitoring funding available as of October 2006. Funding was for biological, not physical monitoring. Physical monitoring may enable a determination regarding best place to put dredged material. Proper physical monitoring may "fix" the problem rather than just buy time and enable the $250K interest to be adequate. Eventually, if annuity principal continues to be dipped into the annuity will disappear. Further discussion was held on the history of the lagoon dredging. Agricultural Committee Minutes April 27,2007 Page 6 SUBSEQUENT COMMITTEE DISCUSSION 5b. Batiquitos Lagoon Monitoring and Management (Proposal AGP 06-12) Chairperson Eric Larson stressed the need to know who the City believes should be responsible. Julie Baker agreed that there's no disagreement about the proposal, merely the question on who should be paying for it. Irv Roston felt that they don't really know what they need to do. Chairperson Larson shared his concern that the lagoon issue was major and a much bigger problem than our little committee can address. He felt that perhaps the City needs to step in & shepard this project. Julie Baker stressed that time is of the essence. 5c. Farmworker Housing (Proposal AGP 06-1 6) Chairperson Larson outlined the Grant request for $2 million from Catholic Charities to build farm worker housing for single, male farmworkers. The concern the Committee had was they didn't feel there was sufficient separation in the documents received so the Committee could understand (1) what part of this project was to rebuild the existing farmworker housing; and (2) what part of the application was the creation of new beds for the farmworker housing. So the request was to bring back a rework of the application so the Committee could have some understanding of those two separate items. Irv Roston questioned whether there was specific building specifications for the construction of farmworker housing. Chairperson Larson requested Mr. Tom Maddox to respond to this question and also address any other issues to the Committee. Name: Mr. Tom Maddox, Real Estate Attorney, 51 1 Rudder Avenue, Carlsbad, CA Topic: (Farm Worker Housing) Representing: City Farm Worker Task Force Tom Maddox introduced himself as a local Real Estate Attorney whose been involved with the City's Farm Worker Housing Task Force for the past 3 years. He also mentioned that Mr. Eric Preciado (Director, La Posada) was also present at the meeting. Mr. Maddox responded that he didn't have an answer to Irv Roston's question of whether there was a "specific" type of construction for farm worker housing. He didn't think that there was any State or City required architecture. Mr. Maddox reported that Catholic Funding doesn't still have the funding to hire a development team to start the design work of this project. Even if this grant is approved, Catholic Charities will have to go back to the City Council and obtain a conditional use permit to get full approval for construction. Mr. Maddox referred to the previous Meeting Minutes which indicated the Committee's concern in terms of how many farm workers there'll be in the City of Carlsbad in the future. Mr. Maddox wanted to point out that he attended a special meeting of the City's Housing Commission on Thursday, 04/26/07 and felt it was significant to note that in their draft housing plan, farm workers are still identified as a "special needs group". Mr. Maddox explained that once the City identifies a special needs group, they are legally obligated to try and develop programs to meet the groups needs. One of the goals (since 1999) will be to continue to work with and assist local community groups, social welfare agencies, farm land owners and other interested parties to provide shelter for permanent and migrant farm workers in the city. They will also coordinate with other regional and State workers to address farm labor housing needs. Mr. Maddox realizes that the City recognizes that the farm workers are still a special housing group. Mr. Maddox referred to the "draft" housing element on the City's web site which identifies an estimated 101 Farm workers (based on 2000 census data) in Carlsbad. He found that was interesting since Catholic Charities was seeking beds for 72 farmworkers so they'd be able to house practically all the farm workers identified in the draft element. However, he noted the element did point out that the farm worker housing number was not reliable information and possibly an under-estimate of the total number of farmworkers in the Agricultural Committee Minutes April 27,2007 Page 7 City of Carlsbad. Mr. Maddox confirmed with the General Manager of The Strawberry Fields that they have over 200 workers at peak harvest. He has also been noticing smaller fields popping up around the City, such as near Cannon & 1-5 and near the intersection of Palomar/EI Camino (approach to the airport). Mr. Maddox stressed that there's a large universe of farm workers with all the agriculture taking place now. Mr. Maddox cited difficulty in locating farm worker housing, noting constraints such as CC&Rs and previous failed efforts to site housing on property owned by SDG&E. Chairperson Eric Larson requested Mr. Maddox to provide a revised proposal with design costs/plans. Mr. Maddox went into further detail to summarize their proposal & explain the differences between the new farmworker housing from the existing La Posada development. Some of his points were: 1. 72 new beds (in addition, replacing existing 50 beds). They are trying to provide new beds for workers actively involved in providing agriculture for the City. Catholic Charities feels it necessary to replace the existing modular units with a new building on the 3.6 acre site. 2. Mr. Maddox firmly believes that this is the only feasible site for this project. They've looked at other properties all over the City but siting farm worker housing on these properties wouldn't be feasible in this real estate market. 3. Mr. Maddox mentioned that even without funding or City approval yet, they've managed to raise $25K so far from local businesses and individuals and are confident that they can raise even more funds. Hope Wrisley questioned what the source of this private funding was and Mr. Maddox responded that it was SDG&E, Milano Brothers (Flower Fields), and the rest was church groups & individual citizens. SUBSEQUENT COMMITTEE DISCUSSION 5c. Farmworker Housing (Proposal AGP 06-16) Hope Wrisley liked the fact that even once farmworkers are no longer here, the facility can still be utilized for the homeless. Julie Baker reminded that the City is not spending dollars on the homeless. Richard Erhardt didn't feel that this would be an issue and farmworkers will be around for a long time due to The Flower Fields. Irv Roston felt strongly that farmworker employers should also step up and assisting with the funding instead of expecting only the City to do so. Julie Baker and Richard Erhardt both agreed with Irv Roston and noted it is unclear if this can be built. Ken Alfrey said that he supports the project in spirit - but agrees with Eric Larson and would like to see more detail in their proposal as well. Eric Larson was concerned about this application because it had the least detail and specificity in comparison to the other proposal (the BLF Nature Center Improvements, AGP 06-03). He also noted that the farming community has contributed funding either directly or indirectly because properties historically farmed have had to pay the Agricultural Conversion Mitigation Fee prior to their development. Chairperson Larson supports this project but wants to put it on hold until it is clear funds are available. Mr. Maddox expected the grant to be conditional and has no problem with holding funds until the rest of it has been obtained. However, he would like to release approximately $100,000 to allow design work to proceed. He assured the Committee that they will continue contribution efforts and are confident that Milano Brothers (Flower Fields) will make another contribution. This project will have no real estate cost at all since the site has already been established by the applicant (Catholic Charities). The applicant will have to go back to the city Council & amend their Conditional Use Permit. Action: Chairperson Larson suggested a vote of project support Vote: 5 -1 Ayes: Chairperson Larson, Wrisley, Erhardt, Alfrey, and Rosten Noes: Julie Baker Agricultural Committee Minutes April 27,2007 Page 8 Absent: None Based on the show of support, The Committee recommended Catholic Charities develop a detailed budget for the planning portion of the project and submit a proposal to fund the planning portion to the Committee for consideration. The Committee will need this information so total project costs are documented; with that detail provided, the committee can comfortably forward a recommendation to the City Council. Additionally, the Committee requested that Catholic Charities include, as an information item, identification of other prospective funding sources and a projection of the amount that might reasonably be obtained from them in its request for a planning grant. Furthermore, the Committee advised Mr. Maddox that it would also entertain a proposal to contribute to construction costs after the planning for the project has been completed and those costs are known. 5d. Agua Hedionda Lagoon Trails (Proposal AGP 06-13) Discussion was held on each trail segment. The Committee had the following questions and comments that should be addressed in a revised application: 1. What assurance will the Committee have that funds granted will be used for trails not yet constructed? 2. What is the rationale for setting aside funds for trails that may never be constructed? 3. If the City built a trail, or required it be built by some other entity, would it not be reasonable to expect that the City would directly or indirectly maintain it as well? 4. What will be the City's liability exposure if a trail user is injured while on the trail? 5. The Committee feels that future consideration will require a clear, comprehensive presentation of information for each trail segment proposed. Accordingly, that information should answer for each segment: a. Who built it? b. Who maintains it? c. Why its maintenance should be a funding responsibility of the Agricultural Conversion Mitigation Fee fund? 6. Next Steps - ............... ' ........................... ' ..... '•'"' " ....... ''"'•"", .......................................... •,"'"' ................................................................. "Next step" items were discussed as part of the consideration of items in Agenda item 5 above. 7. Approval of Permeable Paving Color for The Flower Fields (Approved AGP 06-07) Scott Donnell passed around sample of Paving Color for The Flower Fields. Irv Rosten questioned whether the City of Carlsbad makes any income from The Flower Fields. Julie Baker responded that the only income derived from the Flower Fields are taxes. Action: Motion by Julie Baker and seconded by Richard Erhardt to approve the paving color for the Flower fields. Vote: 6-0 Ayes: Chairperson Larson, Wrisley, Baker, Alfrey, and Rosten Noes: None Absent: None 8. Set Next Agenda ,'-> ' .:^fe--- ''.', *.'••. •'-- .- The Committee requested the following reports: 1. Staff report on Outreach to Farm Community. 2. Staff report on available Agricultural Conversion Mitigation Fee funds & projection for future funds 3. Staff report on Batiquitos Lagoon maintenance resposibility Agricultural Committee Minutes April 27,2007 Page 9 The Committee discussed the number of committee members. Eric Larson said he would send a letter to the Mayor requesting a replacement for Julie Nygaard. Scott Donnell should follow-up with Eric Larson in a couple of days to ensure that this letter was submitted to the Mayor. 9. Set Next Meeting Date The Committee discussed the following meeting dates: Tuesday, June 5, 2007: (either morning or early PM) Wednesday, June 6, 2007: (PM only) Wednesday, June 13, 2007: (PM only) City staff noted it would check on room availability and apprise the committee on the feasibility of the discussed dates. ADJOURNMENT MOTION By proper motion, the regular meeting of the Agricultural Conversion Committee of April 27, 2007, was adjourned at 3:45 pm. RESPECTFULLY SUBMITTED: Scott Donnell Senior Planner Dianne H. Millsap, Minutes Clerk EXHIBIT 5 MEETING MINUTES Minutes of: Type of Meeting: Time of Meeting: Date of Meeting: Place of Meeting: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee ORGANIZATIONAL 1:00 P.M. June 6, 2007 FARADAY CENTER-ROOM 173-B CALL TO ORDER Chairperson Eric Larson called the Meeting to order at 1:05 p.m. Committee Members Present: Eric Larson, Chairperson/Executive Director of the San Diego County Farm Bureau Julie Baker, Planning Commissioner Richard Erhardt, Chairman of the Beach Preservation Committee Ken Alfrey, Board Member, Agua Hedionda Lagoon Foundation Hope Wrisley, Community Leader Irv Rosten, Retired Staff Member Present: Scott Donnell (Senior Planner) Chris DeCerbo (Principal Planner) Liz Ketabian (Parks Planner) Facilitator: Jim Boylan PUBLIC ATTENDEES: The Chairperson received "Request to Speak" slips from the following attendees: Name: Mr. Don Rideout Topic: Agua Hedionda Lagoon Trails - Proposal AGP 06-13 Representing: Agua Hedionda Lagoon Foundation and the Batiquitos Lagoon Foundation Monitoring & Management Name: Ms. Anne Spacie, 1942 Swallow Lane, Carlsbad, CA Topic: (Batiquitos Lagoon Foundation Monitoring & Management) Representing: Batiquitos Lagoon Foundation Name: Mr. Keith Merkel Topic: (Batiquitos Lagoon Foundation Monitoring & Management) Representing: Merkel & Associates Name: Sister Raymonda DuVall, Catholic Charities Topic: (Farm Worker Housing) Representing: City Farm Worker Task Force Name: Mr. Eddie Preciado, Catholic Charities Topic: (Farm Worker Housing) Representing: City Farm Worker Task Force Agricultural Committee Minutes June 6, 2007 Page 2 APPROVAL OF MINUTES Chairperson Larson passed out a letter to the members of the committee that he had sent to the Mayor asking him to replace Julie Nygaard's position which is currently absent on the committee. He also proposed a minor grammatical change to the April 27, 2007, meeting minutes. The word "reverse" on page 5, paragraph 4 was changed to "reserve" with regards to ecological reserve. Action: Motion to approve the minutes of the Agricultural Committee Meeting of April 27, 2007, as amended. Vote: 6-0 Ayes: Chairperson Larson, Baker, Erhardt, Alfrey, Rosten, and Wrisley Noes: None Abstain: None Absent: None 4a. Agua Hedionda Lagoon Trails (Proposal AGP 06-13) Chairperson Larson reminded the Committee that at the last meeting there was discussion regarding who had responsibility of the trails, who had ownership of the trails, and other questions to that effect. Name: Mr. Don Rideout Topic: Agua Hedionda Lagoon Trails - Proposal AGP 06-13 Representing: Agua Hedionda Lagoon Foundation and the Batiquitos Lagoon Foundation Monitoring and Management Mr. Rideout introduced himself indicating that he was representing the Agua Hedionda Lagoon Foundation because President Eric Munoz was unavailable to attend the meeting. Mr. Rideout stated he was not there to deliver a presentation but merely available to answer any questions and to listen to the committee's discussion. Chairperson Larson asked the committee if there were any questions regarding the detailed report that came from the Agua Hedionda Lagoon Foundation and on what the intent was for trails that they would take responsibility for. Irv Rosten commented that at one tune an agency through the state granted money to the lagoons up and down the coast. He recalled that Batiquitos Lagoon was a receiver. Mr. Rosten asked Mr. Rideout if he was aware if Agua Hedionda Lagoon received other grant monies or other funds, such as from the state. Mr. Rideout stated that he believed the Agua Hedionda Lagoon had received some grant money for various purposes, for instance the eradication of the killer algae that happened years ago. He stated that he did not believe that grant money for trails specifically was granted. Mr. Rideout believed that this is the area that needs immediate assistance and that there is a need for more public trails around the lagoon. Scott Donnell indicated to the committee that Liz Ketabian, Parks Planner, was present in the audience to answer any questions regarding trails. Chairperson Larson asked Ms. Ketabian if she had a chance to review the report from the Agua Hedionda Lagoon Foundation and if she concurred with it. Ms. Ketabian indicated that she did have a chance to review the report and that she spoke with Parks Director, Ken Price, about the report and both support the Agricultural Committee Minutes June 6, 2007 Page 3 trail projects that the Foundation is proposing. Furthermore, she elaborated that there was a trail committee set up around five years ago in the City which reviewed the public access around all of the lagoons. In the Coastal Zone, development occurs and many of the trails that were built were made public through the Coastal Commission conditions that are put onto projects. She indicated there are several easements that currently exist that were offered to the City or another agency. The way the easement wording is listed is that a City or an agency can step up and take these easements when they are about to expire or at anytime prior, and that they are irrevocable offers of dedication. Ms. Ketabian indicated that some of the easements have come to the City's attention through the last year through the Coastal Commission. Some of them happen to be around the Agua Hedionda Lagoon. The Foundation has stepped up in taking an easement for the first segment which runs from Carlsbad Blvd. over to the new bridge that was put in by NCTD for the railroad. The Foundation has entered into an agreement to accept this easement and by so doing will be responsible for the maintenance and the liability of the trail. Chairperson Baker asked for a clarification from Ms. Ketabian regarding her comment on the trail segment to the new bridge. Ms. Baker thought that that trail was part of the dredging of the lagoon and that the power plant had to pay for it. Ms. Ketabian informed Ms. Baker that the power plant is paying for the construction. Ms. Baker went on to ask if the power plant owners are required to contribute any money for the maintenance of the lagoon. Ms. Ketabian replied no, and indicated the power plant is required to maintain the trail for one year and after that upkeep and liability would be the responsibility of whoever is taking the easement. Ms. Baker asked if this was typical of the trail program throughout the City and Ms. Ketabian answered yes. Ms. Baker then asked why the Lagoon Foundation would take the easement if the City could take and maintain it. If the City held the easement, then the Lagoon Foundation would not have to fund the maintenance of the trail. Ms. Ketabian indicated that there is a model to the south with the Batiquitos Lagoon and that the Batiquitos Lagoon Foundation maintains the trails along that lagoon, such as the North Shore Trail. In adjacent Aviara, trails are privately maintained and have Irrevocable Offers of Dedication (lODs). She went on to explain how lagoon foundations have trail plans as part of their mission statements. She explained how the City over the past five years has increased its efforts to try and take over outstanding lODs that exist and increase the public trail mileage. However, the City's preference is for another entity such as a foundation or private HOA to take over the outstanding lODs and maintain those trails for as long as possible if they've been originally conditioned to be public trails which is the case in the Coastal Zone, In this way the City's trail budget can be used for maintaining and building trails in other parts of the city that do not have a foundation or association or some type of program that develops and maintains trails. She also stated that non profit organizations might be in a better position than the City to seek grant funding and step up the ability to construct and maintain trails. Chairperson Larson asked if it was fair to say that the City requires these dedications or easements as conditions of approval. Ms. Ketabian stated that the City does not, and that the public access along the lagoons is a condition that the Coastal Commission requires. Chairperson Larson inquired that as the maps are approved, and the projects are finished, does the IOD just sit there with the hope from the Coastal Commission that someone will come along and pick it up? Ms. Ketabian states that this is correct. Ms. Baker stated that for clarification purposes in the Coastal Zone, in the other parts of the city that the condition of approval is that the developer builds these trails. Chairperson Larson agreed, however he noted that the ones that the committee is discussing were those the Coastal Commission conditioned the lODs and that the City was left with an action for some reason. Ms. Ketabian stated that some of the lODs that are out there are for access and that the trails have not been built yet and that there are areas along Agua Hedionda Lagoon that have easements, however trails have not been built. Agricultural Committee Minutes June 6, 2007 Page 4 SUBSEQUENT COMMITTEE DISCUSSION 4a. Agua Hedionda Lagoon Trails (Proposal AGP 06-13) Chairperson Larson asked Mr. Rideout for the proposal's total miles of trails. Mr. Rideout informed the committee that there are around 10 miles of trails. Mr. Rideout then explained also the reason for the proposed five year trail building delay is that the Foundation is taking the same approach as the City: let others build it. The Foundation or somebody has to take over the maintenance. If the City is not there to take over then the Agua Hedionda Lagoon Foundation will, if funding is there. Also if trails are not built, they will also finish that job as well, if funding is available. Irv Rosten asked if the trails are inspected by a developer. Mr. Rideout replied that yes, and noted a developer has to fix the trail before it is accepted. The foundation takes it on in perpetuity. Mr. Rideout added that trails do have standards on how they must be built. Julie Baker asked if the lODs are on different locations. Mr. Rideout explained how lOD's have a lifetime of 21 years, and, in the case of Agua Hedionda Lagoon, are in different locations along the lagoon. He noted that if the lODs are not accepted, they could go away, and the public could lose their right of way to use those areas, Hope Wrisley commented that if the trails need to be maintained then the maintenance fees should come out of this money rather than out of her taxes. Irv Rosten asked how long $300,000 would last for the trail maintenance. Mr. Rideout stated how the proposal's time frame was for 10 years, with no construction in the first five years, and then in the sixth to tenth year the Agua Hedionda Lagoon Foundation would actually build the trails. Finally Mr. Rideout concluded that the Foundation would then be solely responsible to maintain the trails. Julie Baker asked Mr. Rideout why the Foundation would want to obligate themselves to this maintenance. Mr. Rideout replied that the Agua Hedionda Lagoon Foundation wants more trails in the lagoon areas, and cited the availability of the Coastal Commission lODs as well. Action: Motion to approve the proposal of the Agua Hedionda Lagoon Foundation (Proposal AGP 06-13) for $305,750. Vote: 5-1 Ayes: Chairperson Baker, Larson, Wrisley, Erhardt, and Rosten Noes: None Abstained: Ken Alfrey 4b. Batiquitos Lagoon Monitoring and Management (Proposal AGP 06-12) Chairperson Larson expressed his concern that he would like to know clearly where the responsibility lies for the maintenance responsibilities for the Batiquitos Lagoon. He explained that there was a staff report available for this agenda item. Scott Donnell, Senior Planner, stated that he prepared written information based on an agreement that the City signed with other agencies in 1987. This information outlined the entire Batiquitos Lagoon enhancement project, which agency is responsible to fund it, including the construction as well as the maintenance and the roles and responsibilities of all of the agencies involved. 2\ Agricultural Committee Minutes June 6, 2007 Page 5 He went on further to state that he could deliver an oral presentation or he that he could answer any questions the committee might have. Mr. Donnell concluded the City intends to send a letter to the Department of Fish and Game (DFG) because City staff is aware that the maintenance is an issue. The letter has been drafted and has been proposed to be sent to the Mayor for review. The hope is that the letter will cause a high level meeting between the City and DFG to start a dialog on the maintenance issues there. Chairperson Larson asks if it is the City's hope that DFG will accept some sort of responsibility for the maintenance of the lagoon. Chris DeCerbo, Principal Planner, stated that is the hope and in the event that that does not occur then the City would have to configure another solution. Ms. Baker then asked if the grand proposal was for a monitoring plan, rather than the actual, physical maintenance. She offered that even if the state did agree to do the physical maintenance without a monitoring plan in place, the City would still be left with the issue of research that needs to be done on how to decide to proceed with the maintenance. Mr. Donnell stated that this is still the outstanding issue; the City is still unaware of what it will take to maintain the lagoon. He also stated that Merkel & Associates recently completed the 10 year monitoring of the lagoon; this monitoring was a condition of approval of the permit obtained from the Army Corps of Engineers for lagoon dredging. He noted, however, that this permit has now expired and for additional dredging to occur a new permit will be required. Ms. Baker indicated that it seems that the issue still is that nobody really knows what needs to be done to properly maintain Batiquitos Lagoon, even if the state Comes back and says it will do the work. Mr. Donnell concurred and said the DFG does appear to have a maintenance responsibility, but what exactly that means is up in the air. Ms. Baker then asked if there was any debate about who was paying for the research or the plan to do the maintenance. Mr. DeCerbo replied that he did not know, but that at some point the City may come before the committee to ask for the money to shepard the project. Ms. Baker asked what will be the catalyst that will make this decision, and when might the committee know. Mr. DeCerbo indicated that he would know after the meeting with DFG and that it would be premature to make a decision prior to this meeting. Name: Ms. Anne Spacie, 1942 Swallow Lane, Carlsbad, CA Topic: (Batiquitos Lagoon Foundation Monitoring & Management) Representing: Batiquitos Lagoon Foundation Name: Mr. Keith Merkel Topic: (Batiquitos Lagoon Foundation Monitoring & Management) Representing: Merkel & Associates Mr. Merkel proceeded to explain portions of the 1987 agreement signed by the city and other agencies, including the limitations, the obligation of the steward, the maintenance, and monitoring. He also discussed how the Batiquitos Lagoon Foundation is spending beyond its means. He noted his firm also just finished its 10 year monitoring program. Mr. Merkel noted that fundamentally there's not enough money to do the work needed for the lagoon, and that's why he's here before the committee to ask for the funds necessary to do the work. He suggested that the grant from the committee would pay for work that would be in addition to the DFG's efforts. Agricultural Committee Minutes June 6, 2007 Page 6 Ms. Spacie commented that the foundation would pledge over 10,000 hours of volunteer work to accomplish the proposal. Volunteers could assist with the removal of trash from the lagoon and perform other low priority things. Historic photographs are something the volunteers could also contribute. The side benefits would be also to work with high school student volunteers. This would affect a good portion of the community that gathers at the Batiquitos Lagoon. Volunteers would be used extensively since man hours are long. Regarding the scenario of the lagoon mouth closing, Irv Rosten asked if a substantial rainy season was to occur, would there be a problem with backwash (flooding) on private property. He queried if this is being considered in the maintenance program. Mr. Merkel stated that this is being considered, noting that sand at the mouth must be maintained and that the expense to keep the mouth open was driving the annuity costs. He commented that sand coming into the mouth opening of the lagoon is the only focus of the existing lagoon maintenance budget, although sedimentation issues also exist at the back of the lagoon too. Mr. Merkel noted that there has not been a monitoring program for the back of the lagoon however. Julie Baker inquired as to when Mr. Merkel expected to start and when he would begin monitoring the lagoon. Mr. Merkel replies that the critical pieces will begin as of July, then the second phase as of October. SUBSEQUENT COMMITTEE DISCUSSION 4b. Batiquitos Lagoon Monitoring and Management (Proposal AGP 06-12) Julie Baker expressed that while she feels monitoring and managing the lagoon is necessary, she is unsure if the money should come from this fund or another fund. Chairperson Larson asked if another fund source could step in to assist the Batiquitos Lagoon Foundation. Hope Wrisley asks if the Foundation has checked with DFG. Chairperson Larson also asked staff if new communications between the City and DFG have taken place and what has come out of those conversations. Mr. Donnell noted that staffs intent is to have a meeting with DFG, but such a meeting has not been scheduled. Julie Baker offered that it may take some time before any results are realized from any such meeting. Mr. Merkel replied that meetings in the past have occurred between the City and DFG every two years or so. He noted the gaps between biological and physical monitoring. At the present time, Mr. Merkel believes that the back of lagoon is filling in fast but to what magnitude he does not know due to a lack of physical monitoring. Dredging outside at the shoal also is not being done to the level that is necessary. Hope Wrisley asked if there is a way to ask for an emergency request appointment to DFG staff. Chris DeCerbo replied that the City is requesting a meeting tactfully. Mr. Merkel stated that the City stepped back because of cost issues. Chairperson Larson stated that there is a question of responsibility. Mr. Merkel stated that the monitoring being proposed is to figure out what is failing and to figure out how to fix it. He needs to collect more information about the lagoon. Currently, he commented, no one is doing this. Chairperson Larson opined that as soon as the committee provides the Foundation funds that the state will be hands off until the project is done. Mr. Merkel acknowledged that if the Foundation obtains the Agricultural Committee Minutes June 6, 2007 Page 7 proposed funding request, it might jeopardize funding from DFG. He also acknowledged the concern of the committee that if some other agency should be responsible or would provide funding, then why should the committee step in? Julie Baker inquired if the monitoring would give the foundation the ammunition to get the funding needed. She pondered if ultimately the City does have the responsibility. Irv Rosten suggested that the committee grant $100,000 over the first year and then have a City inspection instead of granting the $780,000 grant request all at one time. He suggested the need to monitor the progress. Mr. Merkel was not under the impression that the committee would write out a check and that would be the end of discussion. He recognized that there would be some kind of agreement between the lagoon foundation and the City. He stressed he does not know how bad things are in the lagoon or how they are changing and that money is needed to collect more data to determine what needs to be done. Chairperson Larson admitted his disappointment with the State not stepping into the monitoring or maintenance of the lagoon. He believes perhaps the City could tell the State that they will meet them half way. Julie Baker stated she thinks the committee should support the project and that ultimately it is in the best interest of the City of Carlsbad. Hope Wrisley concurred. Chairperson Larson recommended the City Council do something. Richard Erhardt stated that he thinks someone needs to take the first step, and it might as well be the committee. Motion: Julie Baker moved to approve Proposal AGP 06-12 asiequested by the Batiquitos Lagoon Foundation. Irv Rosten stated he disagreed and would like to have an amendment to the motion. Action: Amended motion by Julie Baker to approve the proposal of the Batiquitos Lagoon Foundation (Proposal AGP 06-12) for $780,589, noting there are project benchmarks and that outreach to other agencies is planned as part of the project. Vote: 6-0 Ayes: Chairperson Baker, Larson, Wrisley, Erhardt, Alfrey, and Rosten Noes: None Absent: None 4c. Farm Worker Hdusing (Proposal AGP 06-1 6) Name: Sister Raymonda DuVall, Catholic Charities Topic: (Farm Worker Housing) Representing: Catholic Charities, City Farm Worker Task Force Sister DuVall introduced herself on behalf of Catholic Charities and as a representative of the City Farm Worker Task Force. Sister DuVall passed out to the committee the Catholic Charities Diocese of San Diego Casa De Compensinos estimated budget as of June 2007. She asked Chairperson Larson what had happened at the last two meetings regarding Farm Worker Housing since she was out of town. Agricultural Committee Minutes June 6, 2007 Page 8 Chairperson Larson explained the committee took a vote to support the project in principal. He explained that the project fits the requirements for the funds that are available and about the hopes for the planning phases. Sister DuVall discussed the budget she submitted to the committee and stated that it is a rather high end budget. She reviewed the high and low square footage of the project and the history of project development. She noted concrete costs are the City fees for the various permits and everything else is based on construction around the area. She wants to come back with a plan on exact costs of construction and what the building will look like. She also noted that investigating the possibility of federal funding for the project has yet to be researched. Chairperson Larson advised operational expenses will not be paid, only construction expenses. Sister DuVall requested that farm worker housing be a requirement for the City. She discussed how this money could have the greatest investment to the City and that the challenge will be in operational funds. Perhaps the men staying in the housing could be charged rent. She asked that Catholic Charities and the City support farm worker housing so the farm workers can have a newly constructed environment. Julie Baker asked Scott Donnell if there is a formal mandate required by the City to provide farm worker housing. If not, Ms. Baker asked if the city has an obligation to maintain and operate farm worker housing such as Sister DuVall suggested. Mr. Donnell replied that, yes, the City must provide some sort of farm worker housing in Carlsbad, although it is difficult to provide specific requirements. Sister DuVall recognized that the number of farm workers could possibly dimmish to nothing and that this facility has been planned to transition into something for the homeless, including homeless families. She noted she does not believe that the homeless will go away and that a long term partnership with the city is needed and money is needed to build this housing. Hope Wrisley stated that because of the Flower Fields, she believes that the farm workers will be needed in perpetuity. Ms. Wrisley believed that there will always be a need for 72 farm worker beds if nothing happens to the flowers. She recommended that Catholic Charities initially needs $108,500. Ken Alfrey asked where Ms. Wrisley is deriving $108,500 from. The committee explained that the number is the sum of the architecture/engineering, civil engineering, and surveying estimated costs. Irv Rosten inquired about the farm workers who are women and if lodging has been considered for them. Sister DuVall replied that she has not come across female farm workers looking for housing. Mr. Rosten suggested that women farm workers do have the same problems that the men farm workers have. Mr.Rosten offered that perhaps Oceanside has open space and could act as a regional place for farm workers to live. He asks where the location currently is for farm workers to live in Carlsbad. The committee informed Mr. Rosten that the location is by the City of Carlsbad's fleet maintenance and Safety Center on Orion Way. Sister DuVall described the vision for the farm worker housing. It would have an upstairs and downstairs, be similarly to a dormitory, and include a homeless center, although 30-40% of the space would be dedicated to farm workers. Mr.Rosten asked what Oceanside was doing regarding farm worker housing, noting his concern was that homeless farm workers employed in Oceanside would use the housing proposed by Catholic Charities in Carlsbad. Agricultural Committee Minutes June 6, 2007 Page 9 Chairperson Larson explained to the committee that 500 beds for farm workers currently exist in Oceanside that are privately operated, with the majority of beds provided by Harry Sing & Son. Mr. Larson went on to say that he did not think there was a homeless problem for farm workers in Oceanside. Workers are charged rent and the farmers want to make sure their workers are there onsite. Julie Baker discussed operational costs and the possibility of charging the farm workers rent. Sister DuVall explained how there is two men to a room and that farm workers typically do not work eight hours a day, 40 hours a week. Their hours are more sporadic than the typical work week. There are common showers, bathrooms, a kitchen downstairs, and perhaps they could be charged $5 to $10 a night or if they would like to return. Sister DuVall also explained that there is a kitchen in the plans that will be commercial grade and available 24 hours a day in order for the farm workers to be able to have a paid meal. She suggested that perhaps the kitchen also could be used as a culinary training facility, which may interest local business. Chairperson Larson stated that some farm workers only make $9 an hour and that $5 to $10 a day may be an unrealistic lodging fee. Ms. Wrisley suggested that the committee visit La Posada de Guadalupe, the current farm worker housing facility in Carlsbad. Ken Alfrey inquired about any funds available by the state. Sister DuVall spoke about tax credits but noted she was unfamiliar about the guide lines. Chairperson Larson informed the committed that one possible available funding source is the federal fund referred to as the Joseph Certa Fund. He discussed how the money flows in and out of the farm worker housing projects and what it would take for the current project to qualify for this fund. The funds look for partnerships between applicants and the community, and require planning and engineering to be done first SUBSEQUENT COMMITTEE DISCUSSION 4c. Farm Worker Housing (Proposal AGP 06-16) Chairperson Larson suggested the City create benchmarks; he thinks the Catholic Charities estimated budget is rather high. Chairperson Larson replied that he wants to get the project to the point where it can be bid on. No.ting the Committee's earlier decision to approve the project in concept, Chairperson Larson stated that the entire $2,000,000 requested by Catholic Charities for this project should be encumbered, though only a portion would be funded at this time. The Committee also noted that the funding released at this time should only apply to architecture/engineering, civil engineering, and surveying fees and not fees for permitting or environmental work . Ken Alfrey suggested that Catholic Charities create a detailed financial plan and identify future funding sources for the project. Action: Approve the proposal of Catholic Charities (Proposal AGP 06-16) for $108,500 to fund architecture/engineering, civil engineering, and surveying fees only Vote: 6-0 Ayes: Chairperson Larson, Baker, Erhardt, Alfrey, Wrisley and Rosten Noes: None Absent: None Agricultural Committee Minutes June 6, 2007 Page 10 5. Report on 2006 Grant Application Outreach to Farming Community Scott Donnell, Senior Planner, reported his research based on previous committee liaison Elaine Blackburn's work conducted as part of the grant application outreach in 2006. Chairperson Larson suggested that the committee should do a better job in its attempts to reach out to the farming community before the next round of proposals. 6. Report on Agricultural Conversion Mitigation Fee - Current Balance and Projection Scott Donnell discussed the amount of funding that is left for the Agricultural Committee to grant. He informed the committee that a balance of $300,000 was currently available. Mr. Donnell spoke about the current fee requirement and how $260,000 was collected over past few years. Irv Rosten asked if there was any waiver of fees. Scott Donnell replied that if a non profit organization wants fees waved then it can request such a waiver from the City Council. Irv Rosten asked if this has ever happened. Chris DeCerbo, Principal Planner, replied affirmatively. 7. Next Steps Hope Wrisley asked when the committee should meet again and when to meet with Catholic Charities again. She inquires also if staff should report back instead of possibly not holding a meeting. Julie Baker suggested calling Catholic Charities to determine their status in six months. Chairperson Larson also inquired about the next meeting and about available funding. Scott Donnell replied that there was about $300,000 left and questioned if was enough to advertise now. Committee members all agreed there was not enough funding left to grant at this time. Julie Baker inquired if Robertson Ranch's land has paid into the funding. Mr. Donnell answered that they did not have to pay as the property was not located in the Coastal Zone. Regarding the Catholic Charities project, Chairperson Larson noted how the farm workers need to pay rent and that this was not a charity project. Rent should go to the project and the amount should be reasonable for them to pay for staying. Mr. Larson went on to explain how land is leased and farmers cannot pay for farm workers. All farms are on leased lands in Carlsbad. Hope Wrisley commented on how many beds are dedicated to farm workers. She recommended that the committee should review the farm workers facilities. 8. Set Next Agenda The Committee did not set a future agenda. 9. Set NextMeeting Date Agricultural Committee Minutes June 6, 2007 Page 11 The Committee proposed that they would meet in a year. City staff will advise the committee of future meeting dates. ADJOURNMENT MOTION By proper motion, the regular meeting of the Agricultural Conversion Committee of June 6, 2007, was adjourned at 3:12 pm. RESPECTFULLY SUBMITTED: SCOTT DONNELL Senior Planner EXHIBIT 6 ** Batiquitos Lagoon Foundation ', Pivfect, and Knha. December 13,2007 Mr. Scott Donnell, Associate Planner Planning Department, City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject Alternative for Agricultural Conversion Mitigation Fee Grants Program Proposal on Lagoon Monitoring and Management Plan Program Dear Mr. Donnell: The purpose of tills tetter is to follow-up on our telephone conversation of December 4,2007. That conversation was related to our meeting held on November 19, 2007 at the request of City of Carlsbad staff members to discuss concerns with the Batiquitos Lagoon Foundation's (BLF) Lagoon Monitoring and Management Plan proposal, one of two proposals we submitted. That proposal was reviewed over a number of public meetings, and recommended for approval by the Agricultural Conversion Mitigation Fee Citizens Advisory Committee for forwarding to the Carlsbad City Council for final review and approval decision. It is our understanding that there were no concerns with the Committee's approval recommendation of our Nature Center Facility Upgrade Project that we also submitted. It is similarly understood that City staff does not disagree with the substance of the Lagoon Monitoring and Management Plan proposal or the need to perform the work contained therein. Rather, it is our understanding that the City believes the work to be the obligations of the California Department of Fish & Game and, as a result, the City would like to explore the possibility of pushing the Department to complete this work in accordance with the existing Memorandum of Agreement (MOA). The meeting on November 19* was attended by: you; Joseph Garuba, Senior Management Analyst; Chris DeCerbo, Principal Planner; Mike Grim, Senior Planner; Don Rideout, BLF Board Member and Secretary; Keith Merkel, Principal Consultant, Merkel arid Associates; Dr. Anne Spade, BLF Board Member and Science Advisor; and me. We discussed the City's concerns over inheriting Department responsibilities by taking some action on factors that staff believes are within the Department's duties under the MOA. In light of these concerns, Keith and I recommended an alternative that addressed the City's concerns while preserving the viability our proposal and the capacity to move those elements essential to fruitful discussions with the Department and those that are outside of the scope of the existing MOA. This alternative is summarized below and F. C. Box 13049 I Carlsbad, California 92013-0491 • 760,931,0800 • www.baikiuitosfoundatton.org hopefully will enable the Lagoon Monitoring and Management Plan proposal to be submitted for favorable consideration by the Carlsbad City Council. First, we would support deferring action on the majority of the Lagoon Monitoring and Management Plan proposal for a fixed time period until it can be ascertained if the Department will complete the work. As indicated, our concern is not relative to who completes the work, but rather that it gets done. As it has been expressed by both the BLF and the Ag. Committee, we can ill-afford to spend the next several years pointing fingers at each other while the lagoon' health and viability goes downhill. We had agreed that that time period for deferral should be until tiie next round of calls for proposals is made for Ag, Mitigation Funds. This is expected to be sometime in the Summer of 2008. In our meeting, we identified and agreed that two elements of work should be advanced at this time. The first relates to baseline bathymetric and tidal data collection. That includes documenting sediment accumulation from as-built bathymetric conditions and quantifying impairment of tidal flushing, It was agreed that this shortcoming is very significant and a critical factor in assessing the viability and health of the lagoon. During our meeting, we indicated that part of our proposal included filling this data gap. Keith Merkel indicated that Merkel and Associates could provide this critical information by February or early March 2008. The work to collect this additional information was included under Year 1, Task 1.1- Physical Monitoring - of our grant proposal and was budgeted at $18,713. Reporting on the baseline collection would use one of the four quarterly reports outlined in Task 1.3.1 for an additional $2,282. As a result, funding this initial data collection and reporting effort at $20,995 will provide tangible insights for use in the interpretation of biological data presented in the 10-year monitoring report and will lay a foundation for discussions with the Department regarding advancing their implementation of obligations under the MOA. The second part concerns the fact that our proposal includes a project that addresses invasive non-native plant species removal and restoration with native plants. In years one, three, and five of our proposal, the BLF would perform invasive plant removal and minor restoration work. In years two, four and six, we would perform more intensive restoration work. This task was identified as Task 3 - Implementation of Maintenance Activities - and budgeted at $54,000 over the six-year project. This portion of our grant proposal should be funded as it is fully outside of the Department's obligations under the MOA. To summarize the BLF's position, we feel that our proposal as originally submitted and budgeted remains very viable and necessary to ensure the long- term viability of the lagoon. We do understand the City's reluctance to engage in work that appears to fall within the obligations of the Department of Fish & Game and we understand that funding the BLF proposal fully prior to working with the Department may undermine this effort. We also understand that the City staff is not opposed to the work proposed; only questioning whether the Department may be engaged in accomplishing that work that falls within the scope of the MOA. We do not feel that the our proposal should be rejected because of this issue, but rather those portions that fall outside of the areas of concern and those parts that are presently essential should be moved forward at this time, and the remainder of the proposal should be held in abeyance for a specific period while the City works with the Department regarding responsibilities under the MOA, The proposal funds to support those tasks held in abeyance should be "fenced" pending a decision, If those deferred tasks remain viable, our full proposal can be approved. If the City and Department agrees that it is their responsibility, then those deferred funds can be returned to the overall grant pool. To the extent practical, the BLF would welcome the opportunity to participate in these discussions. In bulleted form, the BLF supports the following recommended action before the Carlsbad council: 1. Recommend funding of work to collect current bathymetric and tidal data for the lagoon and report the findings within the February-March 2008 timeframe by authorizing the completion of Year 1, Task 1.1- Physical Monitoring - budgeted at $18,713 and one of the four quarterly reports outlined in Task 1.3,1 for an additional $2,282. Funding this initial data collection and reporting effort would cost $20,995; 2. Provide full funding for Task 3 - Implementation of Maintenance Activities as originally proposed in the amount of $54,000 as budgeted over the six-year program; 3. Defer the funding of the remainder of the proposed work until prior to the release of the next request for proposals for work under the Ag. Mitigation Fund (summer 2008). The deferred funds would be set aside for this work pending the outcome of discussions with the Department of Fish & Game regarding the Departments responsibilities under the MOA; finally 4. The Batiquitos Lagoon Foundation has a major interest in the success of the lagoon due to property acquisitions, trail easement acceptance, and stewardship objectives. For this reason, we would like to be parties to ongoing management discussions regarding the lagoon. We feel that our alternative recommendations are reasonable and met the spirit of our discussions. We hope that the incorporation of these elements into the staff recommendation will meet with your objectives. With these factors addressed, we look forward to supporting the staff recommendation to council. We appreciate the opportunity to discuss this with you and City staff, and look forward to your support. Ptease feel free to call me if you have any further questions at (760) 918-2408. Sincerji ' ' . i .3fr~—)<w£/lp f L rFre<( C. Sandquist / President cc Keith Merkel, Merkel and Associates