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HomeMy WebLinkAbout2009-07-28; City Council; 19917; Agricultural conversion mitigation fee committeeCITY OF CARLSBAD - AGENDA BILL AB# 19,917 MTG. 07/28/09 DEPT. PLN RECOMMENDATIONS BY THE AGRICULTURAL CONVERSION ••ITI^ A TI^KI ^rr" A r\ uf\f* /MVITPCKIOMITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE DEPT. HEAD \ffl ' CITY ATTY. ,<&. CITY MGR. (j^ — 2009-199 APPROVING the allocation of funds RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 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 of the release of funds; RENEWING the term of the Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee for an additional four year term; and APPOINTING members to the Committee for four-year terms; and APPROPRIATING an operating budget from the Agricultural Conversion Mitigation Fee Fund in the amount of $3,000 for each year of the Committee's term. ITEM EXPLANATION: Background • Carlsbad Municipal Code (CMC) Chapter 21.202 (Coastal Agriculture Overlay Zone) includes provisions for the conversion of agricultural land within the Coastal Zone to urban uses (as defined by CMC Section 21.202.020G). To convert agricultural land to urban uses, the loss of agriculture must be mitigated. One of the mitigation options specified in Section 21.202.0600 is the payment of an Agricultural Conversion Mitigation Fee (ACMF). The fees are deposited into the ACMF Fund (Fund), and Section 21.202.060D requires that expenditure of the funds is subject to the recommendations of an advisory committee. • August 2, 2005 - Consistent with the requirements of CMC Section 21.202.060D, the City Council created and appointed the Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee (Committee) for a four-year term, or until all ACMF funds are allocated, whichever occurs first. Since not all ACMF funds have been collected, the Committee's term is scheduled to expire on August 2, 2009—four years from its creation. A Committee membership roster has been attached to this report as Exhibit 4. The principal charge of the Committee is to make recommendations to the City Council for proposed expenditures from the Fund. • May 16, 2006 - City Council approved the Committee's Method of carrying out its directive. • May 2006 through June 2007 - the Committee solicited and evaluated sixteen (16) grant applications. • February 13, 2007 and February 19, 2008 - the City Council considered the Committee's recommendations on the first round of grant applications and approved thirteen (13) grant awards, DEPARTMENT CONTACT: Kevin Pointer 760-602-4620 kevin.pointer@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED XD D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D Dn n Page 2 encumbering a total of $6,567,571. A status summary of grants issued as a result of the 2006 grant solicitation process is attached as Exhibit 3. • February 17, 2009 - City Council approved revisions to the Committee's Method (Exhibit 5) and authorized the Committee to proceed with solicitation of the second round of grant applications (i.e. 2009 grant solicitation process). • March 2009 through June 2009 - The Committee solicited, reviewed, and evaluated thirteen (13) grant applications submitted during the 2009 grant solicitation process with a total requested funding of $2,633,550. A summary of the 2009 grant applications received is attached as Exhibit 2. Award of ACMF Grants Currently there is a balance of approximately $5,982,047 within the Fund. As a result of the grants awarded in 2007 and 2008, $5,035,676 of the Fund balance is encumbered for those grant projects, and approximately $891,971 of the Fund balance is unencumbered and available to award to additional ACMF grant applicants. The Committee solicited grant applications during a 60-day period, lasting from March 1st, through April 30, 2009. During this period, the Committee received thirteen (13) grant applications from eleven (11) different applicants. At Committee meetings held on June 1, 2009 , and June 15, 2009, the Committee reviewed and evaluated the grant applications, as well as formulated a recommendation to the City Council for approval of funding (either in full or in part) for seven (7) of the thirteen (13) projects. The Committee's recommendation includes award of ACMF funds totaling $847,822. A summary of the committee's funding recommendations is attached to Exhibit 1 (City Council Resolution approving the grant fund recommendations). Renewal of Committee's Term As mentioned above, on August 2, 2005, the Committee was established for a four-year term, which is scheduled to expire on August 2, 2009. At the Committee meeting held on July 6, 2009, the Committee agreed to recommend that the City Council renew the Committee's term for an additional four years (through August 2, 2013), or until all ACMF funds are allocated, whichever occurs first. The Committee recommends that the term be renewed with minor modifications that include: • Allocation from the Fund of a $12,000 budget ($3,000 annually) to support the Committee's operations over the Committee's renewed four-year term; and • A requirement that the Committee meet as necessary, but no less than once annually. In comparison, provisions established for the Committee's first four-year term (August 2005 through August 2009) established: • A $14,000 operating budget ($5,000 for the first year of the Committee's term and $3,000 annually for the second through fourth years); and • A requirement that the Committee meet at least twice annually. The Committee's recommendation to renew its term is based on the following: • Two projects awarded with grant funding as a result of the 2006 grant solicitation process (ACMF grant project (AGP) 06-12 Batiquitos Lagoon Monitoring/Management Plan, and AGP 06-16 La Posada de Guadalupe Farm Worker Housing) were approved with specific conditions that: 1) authorized disbursement of only a portion of the entire funding awarded, and 2) requires Page3 the Committee's review and recommendation to Council for expenditure of the remaining encumbered funds. Although the grantees of the two aforementioned grants have not sought release of the remaining encumbered balances, they have provided information to the Committee that demonstrates progress in project implementation. Renewal of the Committee's term will provide the Committee with the opportunity to complete funding recommendations for expenditure of the remaining encumbered funds for the two grants, which is consistent with the requirements of CMC Section 21.202.0600 and the conditions of approval for each grant award. • Following the City Council's award of the 2009 ACMF grants recommended by the Committee, there will be approximately $44,149 of unencumbered funds remaining in the Fund. In addition, as the remaining agricultural land in the city converts to urban uses, there is the potential for an additional $1 million to $1.5 million to accrue in the Fund. Expenditure of the current and future Fund balance is subject to an advisory committee's recommendation (pursuant to CMC Section 21.202.0600). Renewal of the Committee's term will provide the opportunity for the Committee to monitor the Fund balance over the next four years, and, as the Fund balance grows, recommend solicitation of grant applications to expend all ACMF funds. Appointment of Committee Members Of the seven Committee members, all but one has indicated interest in being reappointed to the Committee for an additional four-year term. Committee member Irv Roston has indicated that he is unable to continue serving on the Committee. Staff therefore recommends that the City Council reappoint the existing members of the Committee with the exception of Irv Roston. The City Council may choose not to appoint some or all of the existing Committee members who have expressed interest in reappointment to the Committee. Staff will return to the City Council with an Agenda Bill to appoint a new member to fill Irv Roston's position, as well as any other position that is not filled by the reappointment of current Committee members. FISCAL IMPACT: Agricultural Conversion Mitigation fees are collected as coastal agricultural lands that are subject to the fee convert to urban uses. These fees have been set-aside in a special city fund (ACMF Fund) dedicated to providing the types of grants the Committee will consider during the project solicitation/evaluation process. The balance available in the Fund that may be allocated for grant awards totals approximately $891,971; however the Committee recommends encumbrance of $847,822, which would leave approximately $44,149 available within the fund. Additionally, the Committee recommends appropriation of an operating budget from the Fund in the amount of $12,000 ($3,000 for each of the fouryears of the Committee's renewed term). The only direct cost to the City resulting from the recommended action will be the staff time associated with the ongoing operations of the Committee. ENVIRONMENTAL IMPACT: The proposed allocation of ACMF funding in the amounts recommended by the Committee is exempt from the requirements of CEQA, as described below. The applicable CEQA exemption status for each of the projects recommended for ACMF funding is listed within the summary of the committee's funding recommendations [attached to Exhibit 1 (City Council Resolution approving the grant fund recommendations)]. Page 4 For some of the projects that are recommended to receive ACMF funding, the funding will authorize and result in certain activities, such as feasibility or planning studies and basic data collection that are exempt from environmental review, pursuant to the following CEQA Guidelines Sections: a. Section 15262 statutorily exempt projects or activities involving only feasibility or planning studies for possible future actions which the lead agency has not approved, adopted or funded; does not require the preparation of an EIR or Negative Declaration, but does require consideration of environmental factors. b. Section 15306 categorically exempts projects or activities that consist of basic data collection, research, experimental management, and resource evaluation activities, which do not result in a serious or major disturbance to an environmental resource. c. Section 15313 categorically exempts the acquisition of lands for fish and wildlife conservation purposes including: 1) preservation of fish and wildlife habitat; 2) establishing ecological reserves under Fish and Game Code Section 1580; and 3) preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition. d. Section 15325 categorically exempts transfers of ownership of interest in land to preserve open space or habitat. For other projects that are recommended to receive ACMF funding, the funding is intended to fund development, such as bluff restoration and structure improvements; however, 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. 2. Grant Applications Received during 2009 Grant Solicitation Process 3. Status of Grants Issued from 2006 Grant Solicitation Process 4. Committee Membership Roster 5. Committee's Method. M- EXHIBIT 1 1 RESOLUTION NO. 2009'199 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE ALLOCATION OF 3 GRANT FUNDS FROM THE AGRICULTURAL CONVERSION MITIGATION FEE FUND, BASED UPON THE 4 RECOMMENDATIONS OF THE AGRICULTURAL CONVERSION MITIGATION FEE COMMITTEE, RENEWING THE 5 COMMITTEE'S TERM FOR AN ADDITIONAL FOUR YEARS, APPOINTING MEMBERS TO SAID COMMITTEE FOR FOUR 6 YEAR TERMS, AND APPROPRIATING AN OPERATING BUDGET FROM THE AGRICULTURAL CONVERSION 7 MITIGATION FEE FUND IN THE AMOUNT OF $3,000 FOR EACH YEAR OF THE COMMITTEE'S TERM. 8 CASE NAME: AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY 9 COMMITTEE The City Council of the City of Carlsbad, California, does hereby resolve as follows: 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 urban uses upon the payment of an agricultural conversion mitigation fee; and WHEREAS, on August 2, 2005 the Carlsbad City Council created the Agricultural 17 Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee (Committee) whose principal charge is to make recommendations to the City Council for proposed expenditures (Grants) from the Fund in keeping with the directives established by Carlsbad Municipal Code Section 2Q 21.202.060 and the City's Local Coastal Program; and WHEREAS, approximately $891,971 of unencumbered funding is available to 22 implement the Program; and 23 WHEREAS, from March 2009 to June 2009 the Committee solicited grant 24 proposals and evaluated all proposals received for eligibility and merit in a manner consistent 25 with the Approved Method of Carrying out the Committee's Directive (Method), which was 26 reviewed and approved by City Council through Resolution 2009-039; and 27 WHEREAS, based on the Committee's review of grant applications, which 28 occurred over two meetings on June 1, 2009 and June 15, 2009, the Committee hereby 1 recommends that the City Council approve the allocation of funds from the Fund to the 2 recipients in the amounts shown on the attached "Exhibit A - Agricultural Conversion Mitigation 3 Fee Program - Committee Recommendation of 2009 Grant Applications"; and 4 WHEREAS, the Committee's term will expire on August 2, 2009 unless the City 5 Council takes action to renew the Committee's term, as recommended by the Committee. 6 NOW, THEREFORE, the City Council of the City of Carlsbad does hereby 7 resolve as follows: 8 1. That the above recitations are true and correct. o 2. That the City Council hereby approves the allocation of Grants from the Fund 1 n to the recipients in the amounts show on the attached "Exhibit A - Funding Recommendations," subject to the following: a. The final signing by both the grant recipient and the Mayor of a funding 12 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 13 b. Prior to the execution of funding agreements, the grantees shown on 14 the attached "Exhibit A - Agricultural Conversion Mitigation Fee Program Committee Recommendation of 2009 Grant Applications," shall submit to the City evidence subject to the 15 satisfaction of the Planning Director that the grantee's financial condition adequately demonstrates the grantees ability to carry out the project. The financial condition of each 16 grantee shall be evaluated by the City through submittal of either of the following: 17 i. An audited financial statement (encouraged/preferred); ii. A reviewed financial statement; or, iii. An IRS-990 tax return. 19 c. For Agricultural Conversion Mitigation Fee grant project (AGP) 09-01 20 (Carlsbad Flower Fields Enhanced Access) $113,107 in unencumbered Agricultural Conversion Mitigation Fee funding is awarded, and in addition, $75,000 from AGP 06-09 (Flower Fields Soil 21 Amendment Project) is reprogrammed and awarded from the Fund for the implementation of AGP 09-01. 22 3. That there is hereby recreated an Agricultural Conversion Mitigation Fee Ad 23 Hoc Citizens Advisory Committee whose charge is to call for, review, and make recommendations to the City Council for proposed expenditures from the Fund via the following 24 powers, duties, and responsibilities: 25 a. The Committee shall be appointed by the Mayor with the advice and recommendations of the City Council and the members shall be seven citizens of the City of 26 Carlsbad, one member from the City Planning Commission and six members at large as follows: 77 i. Eric Larson 28 -2- 1 ii. Ken Alfrey iii. Richard Erhardtoiv. Hope Wrisley v. Jackie Stone vi. Julie Baker (Planning Commissioner) 4 vii. [to be appointed at a later date] 5 b. Beginning on August 2, 2009, the Committee shall exist for a period of four years, or until all Agricultural Conversion Mitigation Fee funds are allocated, whichever 6 comes first; at the end of this time period, the Committee shall cease to exist unless on or before that expiration date the City Council acts by further 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 compensation. 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, background information, and staff support necessary for it to accomplish its objectives. A budget not to . 1 exceed $3,000 for each year of the Committee's term established by this resolution is hereby appropriated from the Fund to support the work of the Committee. 12 d. The Committee shall select a Chairperson and establish its own 13 meeting schedule (in keeping with section "f"), as necessary and appropriate to accomplish the work assigned to it by the City Council. 14 e. The Committee shall conduct its business in open and public meetings, 15 which shall be subject to the Ralph M. Brown Act ("Act," Government Code Sections 54950, et sec/.) and shall only meet in closed session upon advice of the City Attorney in accordance with 16 the Act. f. The principal charge of the Committee is to make recommendations to 17 the City Council for proposed expenditures from the Fund in keeping with the mandates established by Carlsbad Municipal Code Section 21.202.060, incorporated herein by reference. 18 The Committee shall meet as necessary, but no less than once annually. g. No member of the Committee shall participate in discussions on or cast a vote on expenditure recommendations where he/she is likely to have a conflict of interest. Members should consult with the City Attorney if they have reason to believe a conflict will arise. 2, "' 22 '» 23 "' 24 "' 25 '" 26 '" 27 '" 28 -3- 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 City of Carlsbad on the 28th day of June 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn NOES: None ABSENT: None (CLAUDE AtEWIS/MSyor ATTEST: LORRAINEM^VeOD/Cjjty Clerk Karen R. Kundtz, Assistant City Clerk (SEAL) Agricultural Conversion Mitigation Fee Program Committee Recommendation of 2009 Grant Applications And Environmental Review Status Project . .. Applicant/.. ', ' -Project Name- !, ,Dumber -, s,,v Grantee ,Project Description AGP 09-01 Carlsbad Flower Fields Enhanced Access CB Ranch Enterprises Second access point to the Flower Fields through a right-in only entry on Palomar Airport Road, associated deceleration lane and signage. Funding Recommended $113,107" Aquaculture Hubbs- AGP Enhancement at SeaWorld 09-02 Carlsbad Research Hatchery Institute Modifying two flow- through raceway units into one re-circulating unit for propagation of white sea bass. j Planning and design : ofMurphy Trail Bypass Boardwalk and Rosalena ; Trail; AGP 09-03 Batiquitos Lagoon North Shore Trail Batiquitos Lagoon Foundation Ayers property acquisition; Mitsuuchi property wetland restoration and trail building; Invasive species removal at Rosalena/San Pacific/Highway 101 areas. OEQA Status As part of SP 207(G)/LCPA 07-07/CUP 98-20(B)/CDP 98-91(A) - Palomar Airport Road Driveway, the construction of the access improvements was determined to be within the scope of the previously certified Carlsbad Ranch Specific Plan EIR 94-01. The funding of the project does not require additional environmental review. $241,813 ' $98,572 Awarding grant funds for AGP 09-02 does not authorize, permit, or guarantee the construction of the project. Because the activity of awarding funds will not result in any 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). When plans are submitted to the City or other lead permitting agency, the project will be evaluated pursuant to CEQA. At this time, there is insufficient information to determine whether the project will result in any significant environmental impacts. Planning and design of trails: Exempt from CEQA pursuant to CEQA Guidelines Section 15262 (Feasibility and Planning Studies) Ayers property acquisition: Exempt from CEQA pursuant to CEQA Guidelines Section 15325 (Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions and Historical Resources), and Section 15313 (Acquisition of Lands for Wildlife Conservation Purposes) Wetland restoration, trail building, and invasive species removal: awarding grant funds for AGP 09-02 does not authorize, permit, or guarantee the construction of the project. Because the activity of awarding funds will not result in any 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). When plans are submitted to the City or other lead permitting agency, the project will be evaluated pursuant to CEQA. At this time, there is insufficient information to determine whether the project will result in any significant environmental impacts. mx 55 H > Project Number AGP 09-09 AGP 09-10 AGP 09-11 AGP 09-12 Project Name Agua Hedionda Lagoon Discovery Center Interior Improvements Coastal Bluff Restoration- Tamarack and Frazee Buena Vista Creek Watershed Information Management System Buena Vista Audubon Nature Center Improvements Applicant/ Grantee Agua Hedionda Lagoon Foundation California State Parks Pr eject Description Remodel of existing meeting room to create classroom, meeting room and nature lab. Coastal bluff restoration and rehabilitation; fencing, and trail construction. Funding Recewnm $52,000 $242,330 Development of Buena Vista informational Audubon management system Society (database) for existing studies/conditions. Buena Vista Audubon Society Awarding grant funds for AGP 09-09 does not authorize, permit, or guarantee the construction of the project. Because the activity of awarding funds will not result in any 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). When plans are submitted to the City or other lead permitting agency, the project will be evaluated pursuant to CEQA. At this time, there is insufficient information to determine whether the project will result in any significant environmental impacts. Awarding grant funds for AGP 09-10 does not authorize, permit, or guarantee the construction of the project. Because the activity of awarding funds will not result in any 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). When plans are submitted to the City or other lead permitting agency, the project will be evaluated pursuant to CEQA. At this time, there is insufficient information to determine whether the project will result in any significant environmental impacts. $50,000 Exempt from CEQA pursuant to CEQA Guidelines Section 15306 (Information Collection) 4- ADA Accessibility at existing Audubon Nature Center. TOTAL: $50,000 $847,822.00 Awarding grant funds for AGP 09-12 does not authorize, permit, or guarantee the construction of the project. Because the activity of awarding funds will not result in any 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). When plans are submitted to the City or other lead permitting agency, the project will be evaluated pursuant to CEQA. At this time, there is insufficient information to determine whether the project will result in any significant environmental impacts. * $75,000 from AGP 06-09 (Flower Fields Soil Amendment Project) is recommended to be reprogrammed and awarded from the Fund for the implementation of AGP 09-01, which will result in a total of $188,107 awarded to AGP 09-01. o Application/ Project Number AGP 09-01 AGP 09-02 AGP 09-03 AGP 09-04 AGP 09-05 AGP 09-06 AGP 09-07 AGP 09-08 AGP 09-09 AGP 09-10 AGP 09-11 AGP 09-12 AGP 09-13 Agricultural Conversion Mitigation Fee Program 2009 Grant Applications Submitted Project Name Carlsbad Flower Fields Enhanced Access Aquaculture Enhancement at Carlsbad Hatchery Batiquitos Lagoon North Shore Trail Batiquitos Lagoon—Water and Sediment Toxicity Assessment Vee's Veggies Hydroponic Greenhouse Ecotourism Carlsbad—Brochure Design and Distribution Agua Hedionda Watershed Mgmt Plan-Watershed Coordinator Agua Hedionda Lagoon Beach Restoration Agua Hedionda Lagoon Discovery Center Interior Improvements Coastal Bluff Restoration—Tamarack and Frazee Buena Vista Creek Watershed Information Management System Buena Vista Audubon Nature Center Improvements Rudvalis Orchids Greenhouse Roof Replacement Applicant Eligibility Funding Category* Requested Funding Recommended by Committee CB Ranch Enterprises / Hubbs-SeaWorld Research Institute Batiquitos Lagoon Foundation ty Batiquitos Lagoon Foundation Veronica Boen Carlsbad Lagoons and (CLAW) and others \ Wetlands led Jim Strickland 1 Tu Casa Homeowner's Association >r Agua Hedionda Lagoon Foundation '• \ e , California State Parks Buena Vista Audubonj ents Buena Vista Audubon 1 B $201,814 B $796,095 A $112,516'• ' ~T A $119,785 B $180,000 D $6,400 A $75,000 C $120,000 D $220,000 C $242,330 S°dety A&D $50,000 Society t \ Barbara Rudvalis, Rudvalis Orchids D $367,000 B $142,610 TOTAL: $2,633,550.00 $113,107" $241,813 $98,572 $0 $L $o. SO SO $52,000 $242,330 $50,000 $50,000 $0 $847,822.00 A. Restoration of the coastal and lagoon environment; B. 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; C. Restoration of beaches for public use; or D. Improvements to existing or proposed lagoon nature centers. " Committee recommendation includes that funds totaling $75,000 from awarded grant AGP 06-09 (Flower Fields Soil Amendment Project, which was also awarded to CB Ranch Enterprises, be reprogrammed and awarded for use on AGP 09-01 (Carlsbad Flower Fields Enhanced Access. i CD ro CITY COUNCIL APPROVED AGRICULTURAL CONVERSION MITIGATION FEE PROGRAM: Breakdown of Encumbrance and Disbursement Totals For Grants Awarded During the 2006 Grant Solicitation Process PROJECT AGP 06-02 AGP 06-03 ELIGIBILITY ! PROPOSAL NAME CATEGORY AGP 06-04 D Audubon Nature Center BLF Nature Center Improvements C&D AGP 06-05 AGP 06-06 AGP 06-07 AGP 06-08 B B D B Buena Vista Lagoon Boardwalk Cymbidium Project Multi-Use Barn Permeable Paving Project Drainage Improvements Project WttKJSAt Interior improvements to Nature Center classroom Nature Center replacement and improvements Engineering design and environmental studies for a boardwalk Greenhouse, shade structure, and related infrastructure for orchid production Barn for off-season equipment storage and seasonal displays and presentations Permanent semi- permeable road surface for Flower Fields circulation Permanent drainage system to reduce erosion and soil loss MWUCAWT Buena Vista Audubon Society Batiquitos Lagoon Foundation Buena Vista Lagoon Foundation CB Ranch Enterprises FUNDING CB Ranch Enterprises CB Ranch Enterprises FUNDING DISBURSED ENCUMBERED FUNDING $0.00 $233,000 $297,000 $233,000 $297,000 30 )0 $6,000 $0.00 $0.00 PROJECT STATOS Full funding disbursed. Project implemented/ complete. Partial funding disbursed. Lease negotiations underway. Partial funding disbursed. Project design in progress. Partial funding disbursed. Project implementation underway/near completion. Full funding disbursed. Project implemented/ complete. i Full funding disbursed. Project implemented/ complete. CB Ranch Enterprises $230,000 $230,000 $0.00 Full funding disbursed. \ Project implemented/complete.m i ro H CO REVISED: 7/9/09 PRCWtCf NUMBER AGP 06-09 AGP 06-10 AGP 06-12 AGP 06-13 AGP 06-15 AGP 06-16 ' •• CATI60RY B . C A C D p _. PROPOSAL NAME Soil Amendment Project Carlsbad Beach Nourishment Batiquitos Lagoon Monitoring/ Management Plan Agua Hedionda Lagoon Trails Discovery Center Improvements La Posada de Guadalupe Farmworker Housing TfjHHW DESCRIPTION 5-year program of soil amendment to improve soil structure and long-term productivity of Flower Fields Nourishment of two stretches of beaches in north and south central Carlsbad Monitor and develop management plan for lagoon Maintenance and construction of trails around Agua Hedionda Lagoon Interior and exterior improvements to existing Discovery Center Construction of farm worker/homeless housing at Casa de Guadalupe JEfHIflgSill CB Ranch Enterprises City of Carlsbad Beach Preservation Committee Batiquitos Lagoon Foundation Agua Hedionda Lagoon Foundation Agua Hedionda Lagoon Foundation Catholic Charities TOTAL FUNDING APPROVED $159,000 $1,500,000 $780,5891 , $305,750 $386,000 $2,000,0002 $6,567,571 FUNDING DISBURSED $69,000 $74,500 $23,995 $0.00 $68,500 $54,400 $1,531,895 ENCUMBiWED PROJECT STATUS FUNDING AVAILABLE $90,000* Partial funding , disbursed. Years 1 and 2 ! of composting applications ^ implemented/ complete. : *$75,000 balance recommended for reprogramming to AGP 09-01 (Carlsbad Flower Fields Enhanced Access). $1,425,500 Partial funding disbursed. Preliminary Engineering Design complete. Planning activities underway. $756,594 Partial funding disbursed. Bathymetric and Tidal Assessment Study Complete. $305,750 No funding disbursed. 1 \ $317,500 Partial funding disbursed. Interior improvements underway. $1,945,600 Partial funding disbursed. Conceptual design and feasibility j study underway. $5,035,676 1 Entire request encumbered, but approved only portion ($74,995) at present to allow for data collecting and reporting and maintenance. Entire request encumbered, but approved only portion ($108,500) at present to allow for design work. Exhibit 4 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS' ADVISORY COMMITTEE MEMBERSHIP ROSTER VOTING MEMBERS; Eric Larson, Chairperson Julie Baker (Vice-Chairperson) Ken Alfrey Richard Erhardt Irv Roston Jackie Stone Hope Wrisley NON-VOTING MEMBERS/STAFF: Deborah Ruddock, California Coastal Conservancy Kevin Pointer, Associate Planner FACILITATOR (OPTIONAL): Jim Boylan MINUTES CLERK: Sabrina Michelson Revised: 1/14/09 EXHIBIT 5 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE Approved Method of Carrying out the Committee's Directive Rev: 1/20/09 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE ROAD MAP Principal Charge of Committee: To make recommendations to the City Council for proposed expenditures from the [Agricultural Conversion Mitigation Fee] Fund in keeping with the mandates established by Municipal Code Section 21.202.060. Committee Responsibilities to City Council during first year: To report to the City Council at least twice during its first year. FIRST REPORT TO CITY COUNCIL: A detailed proposal of how the Committee would operate to carry out its directive (established by Resolution 2005-242). Report should discuss how the Committee proposes to solicit expenditure/grant proposals; how it would operate to make recommendations to the Council, including proposed project/grant selection criteria and voting procedures; and how it proposes to draw down on the Fund balances in the first and subsequent years. Tasks to complete First Council Report: Determine how Committee will operate. Determine how decisions will be made. Elect a Chairperson and Vice-Chair. Establish a meeting schedule. Agree upon role of Committee members. Establish criteria by which project proposals will be evaluated. Create project application, information, and evaluation forms. Perform test run of forms. Determine how funds will be drawn down. Determine how project proposals will be solicited. Identify how project proposals will be presented to Committee. Identify how Committee will operate to make recommendations on individual projects. Prepare draft Council report. Review and comment on draft report. Finalize report. Schedule report for City Council meeting. SECOND REPORT TO CITY COUNCIL: Shall carry the Ad Hoc Committee's recommendations for initial expenditures from the Fund. Tasks to complete Second Council Report: Solicit project proposals. Schedule/Hold workshops (2) for applicants (if needed). Evaluate forms after first set of projects. Evaluate project proposals. Recommend projects for initial expenditures from the Fund. Prepare draft of report. Review and comment on draft report. Finalize report. !(„i U-' Agricultural Conversion Mitigation Fee Citizens Ad Hoc Advisory Committee Road Map (cont.) • Schedule report for City Council meeting. SUBSEQUENT REPORTS TO CITY COUNCIL: Additional reports shall be provided to the City Council as necessary to complete and implement the Committee's directive. Such reports may include: • Recommendations on changes to awarded grants. • Recommendations to modify the approved method for carrying out the Committee's directive. • Recommendations for Council authorization to solicit additional grant proposals. • Request(s) for authorization to solicit additional applications for grant requests. • Request(s) to extend the Committee's life. Rev: 1/20/09 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE KEY DECISIONS PROJECT ELIGIBILITY - COASTAL/NON-COASTAL LOCATIONS It is not required that proposed projects be located within the Coastal Zone; projects proposed to be located outside of the Coastal Zone will be considered; however, all projects (inside or outside of the Coastal Zone) must benefit the Coastal Zone. "EQUITABLE" DISTRIBUTION OF FUNDS The Committee will promote the equitable distribution of the grant funds available by ensuring that all potential applicants have a fair and equal opportunity to apply for the funds. This does not mean that the total funds available will be divided equally among the four categories of eligible projects. However, the Committee intends to award funds to projects in each of the four categories if at all possible. DRAW-DOWN OF FUNDS The Committee will not specifically "hold back" funds for future awards, nor will it target a specific amount of funds to be spent in the first year. The Committee will draw down funds based solely upon the merit of the projects proposed. All project proposals will be evaluated on their own merits and funds will be spent as merited by proposed projects. The Committee believes that sufficient eligible and meritorious project proposals will be received to justify expenditure of all available funds before the Committee sunsets (four years from August 2, 2005), if not sooner. Rev: 1/20/09 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE COMMITTEE OPERATING PROCEDURES & AGREEMENTS Ground Rules • Remember that the Committee's work is a public process • Be present • Respect one another's opinions • Listen actively • Ask questions when you have them • Participate • Practice Skillful Conversation • Speak your mind • We will disclose our "special interests" to one another as appropriate to topics under discussion. • All member requests for information from staff not rendered during the meeting will be routed through the chairperson • Speak up in order to be heard • Speak up (or signal) if you did not hear clearly something that was said. Committee Procedures • Chair leads the meeting; facilitator leads discussions • Minutes and Charted Notes are kept as part of the Committee's records • Annual reevaluation of process • Committee members will not participate in project proposal presentations and will abstain from voting on projects for which they have a conflict of interest pursuant to Chapter 1.14 of the Carlsbad Municipal Code. Decision-making Process • Plan A: Consensus (Preferred) • Plan B: If consensus cannot be achieved after an earnest effort has been made, the question will be decided by simple majority vote with the minority opinion noted and reported. Guidelines for Public Comment * • In general, members of the public wishing to present comments for the Committee's consideration will be given an opportunity to do so at the end of meetings. • Public comments will be limited to three minutes for each person, and 15 minutes for each topic • These guidelines will be adjusted as appropriate for different meeting purposes (e.g. grant proposal presentations) • The public comment time limitation of three minutes per speaker may be extended at the discretion of the chairperson. Rev: 1/20/09 n CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE PROPOSAL SOLICITATION STRATEGY Objective: To ensure that availability of grant funds is known throughout the community and among those organizations and individuals who might wish to apply. Methods may include: • Editorial Boards • Press Releases • Solicit feature coverage in newspapers • OpEd (i.e., a letter from the Mayor on behalf of the City Council) • Posters in public facilities (e.g., libraries; City Hall; Faraday building; other?) • Posting on City's web page with grant program info and staff contact info o Electronic links to informational flyer; press release and dedicated webpage. o Electronic distribution via electronic subscription service o Electronic distribution via City E-News • Mailings to those known to be interested o List of individuals with potential interest (list must be updated) o List of organizations with potential interest (list must be updated) o Other public agencies o Downtown Merchants Assn. o Chamber of Commerce o Carlsbad Convention and Visitors Bureau • Newspaper advertisements o North County Times o Union-Tribune - North County edition o Coast News o Chamber of Commerce Newsletter • Other? • Insert notification in water bills Factors to Consider • Time constraints • Budget/Costs Timetable of 2006 Grant Solicitation/Review/Award Allocation Council Approval of Committee Procedures, Criteria, etc. May 16, 2006 Public Notification Process July 2006 Deadline for Proposal Submittal September 29, 2006 Committee Review Process October 2006 - June 2007 Agricultural Conversion Mitigation Fee Citizens Ad Hoc Advisory Committee Proposal Solicitation Strategy (cont.) Preparation of Agenda Bill (Grant Awards Recommendations) January 2007 and January 2008 Presentation to Council February 2007 and February 2008 Estimated Timetable for 2009 Grant Solicitation/Review/Award Allocation Council Approval of Revised Procedures, Criteria, Etc. Early February 2009 Public Notification Late February 2009 Optional Proposal Preparation Workshop(s) March 2009 Closure of Application Submittal Period Late April 2009 Committee Review of Submitted Grant Applications May - June 2009 Committee Recommendations Formulated Early July 2009 Presentation of Committee's Recommendations to Council August 2009 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE PROPOSAL CONSIDERATION & PROCESS SUMMARY PROPOSALS THE COMMITTEE WILL CONSIDER • Projects (i.e., not on-going programs) • Projects which have not been completed by the date that City Council approves the Committee's procedures and application consideration process (i.e., no reimbursement for previously completed projects) • Proposals from all types of organizations and individuals • Grants - outright and/or matching - but not loans • Requests for a minimum of $2,500.00 (nothing less than $2,500.00) EQUITABLE DISTRIBUTION OF FUNDS The Committee will promote the equitable distribution of the grant funds available by ensuring that all potential applicants have a fair and equal opportunity to apply for the funds. This does not mean'that the total funds available will be divided equally among the four categories of eligible projects. However, the Committee intends to award funds to projects in each of the four categories if at all possible. DRAW DOWN OF FUNDS The Committee will not specifically "hold back" funds for future awards, nor will it target a specific amount of funds to be spent in the first year. The Committee will draw down funds based solely upon the merit of the projects proposed. All project proposals will be evaluated on their own merits and funds will be spent as merited by proposed projects. The Committee believes that sufficient eligible and meritorious project proposals will be received to justify expenditure of all available funds before the Committee sunsets (four years from August 2, 2005), if not sooner. PROCESS • Proposal review: paper process and possible presentation opportunities (at request of Committee) • Establish City staff contact(s) for applicant info/assistance and application form • Opportunity for applicants' feedback on process, forms, etc. ELIGIBILITY REQUIREMENT Applications must implement the Charge of the Committee (i.e. involve one of the four eligible types of uses) in order to be eligible for funding. Should there be disagreement regarding whether a proposal is eligible for funding (i.e., whether the project implements one of the four categories of projects), the Committee will first seek consensus and, if that fails, will vote on the matter. Rev: 1/20/09 -'L- CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE PROPOSAL EVALUATION CRITERIA Project Criteria • Extent to which proposal fulfills eligibility category • Line-of-sight relationship with concrete outcome(s) • Benefit to Carlsbad residents • Honors the history of Carlsbad • Employs creativity (of project or process) • Multiple or long-lasting or wide-spread benefits Project Feasibility and Planning Criteria • Feasibility of project achievement (i.e., Can project be accomplished?) o Can permits/approvals be obtained? • Implementation plan o Measurable milestones/Identification of tracking measures o Reasonable time frame o Responsible parties identified Applicant Criteria • Ability of project applicant to do what is proposed o Applicant's experience implementing other projects o Applicant's previous experience obtaining and using funding (for other projects) Financial Resources/Budget Criteria • Fiscal resources to do what is proposed o Project budget o How requested funding will be used o Other/Additional funding already secured for project (if any) o Other potential funding sources for project (potential matching funds) o Applicant's experience obtaining and using funding (for this project) o Financial condition of organization (if applicable). After a grant has been awarded and prior to distribution of grant funds, the financial condition of an agency/organization shall be evaluated through submittal of either an audited financial statement (encouraged/preferred); a reviewed financial statement; or, an IRS-990 tax return. Note: applicants are encouraged to submit documentation of their financial condition at the time of grant application submittal if possible. Proposal Evaluation Form • The Committee's use of a quantitative Proposal Evaluation Form during the proposal evaluation process shall serve as a tool/method to evaluate individual merits of projects; however, the individual project scores (generated through use of the form) alone are not intended to guarantee or preclude the Committee's decision to recommend funding of specific grant requests. Rev: 1/20/09 AGRICULTURAL CONVERSION MITIGATION FEE GRANT PROPOSAL EVALUATION FORM PROJECT NO: PROJECT NAME: Rating Scale: Not Applicable =* 0 Poor = l Acceptable = 2 Good = 3 Strong = 4 Exceptional = 5 Is proposed project eligible for funding? Yes Eligibility Category: No Project/Program Criteria: Implementation of eligibility category Concrete outcome(s) Benefit to Carlsbad residents Honor history of Carlsbad Creativity (of project or process) Multiple, or long-lasting, or wide-spread benefits Feasability/Planning Criteria: Feasibility of project achievement: Permits/Approvals obtainable? Implementation Plan: Measurable Milestones? Tracking Measures? Implementation Plan: Time Frame? Responsible parties identified? Applicant Criteria: Ability to do project? Experience with other projects? Ability to do project? Experience with using funding for other projects? Fiscal/Budget Criteria: Project budget Use of requested funds Other funding? (if any) ' Other potential funding? Fiscal stability of org'n (if applicable) TOTAL SCORE Project Score July 28, 2009 Background: August 2005—Council creates and appoints Committee May 2005—Council approves Committee’s method May 2006-June 2007—Committee solicits and evaluates 16 grant applications Background (Cont.): February 2007-February 2008—Council approves $6.5 million in grant awards for 13 projects February 2009—Council approves revisions to the Committee’s Method March-June 2009—Committee solicits and evaluates 13 grant applications Award of Grants: 2009 Grant Solicitation 13 applications received $2,633,550 requested $891,971 available Committee recommends $847,822 in funding for 7 projects Renewal of Committee’s Term: Term expiration—August 2, 2009 Committee recommends renewal of term for additional 4 years, including: Appropriation of $12,000 operating budget Requirement that Committee meet minimum of once annually Renewal of Committee’s Term (Cont): Term renewal necessary to: Provide oversight of outstanding awarded grants Provide recommendations on award of future grants Committee Appointments: Committee configuration: 6 Citizens at-large 1 Planning Commissioner Recommended Re-appointments Eric Larson Ken Alfrey Dick Erhardt Hope Wrisley Jackie Stone Julie Baker (Planning Commissioner) Vacant (to be appointed at a later date) Recommended Action: That the City Council ADOPT Resolution 2009-199: APPROVING the allocation of funds to the organizations recommended by the Committee; RENEWING the term of the Committee for an additional four years; APPOINTING members to the Committee for four-year terms;and, APPROPRIATING an operating budget of $3,000 for each year of the Committee’s term.