HomeMy WebLinkAbout2005-08-02; City Council; 18231; Agricultural Conversion Mitigation Fee Ad Hoc Citizens' Advisory Committee7
CITY OF CARLSBAD -AGENDA BILL
GRICULTURAL CONVERSION MITIGATION FEE
MTG. 8/2/05 AD HOC CITIZENS’ ADVISORY COMMITTEE
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That the City Council ADOPT City Council Resolution No. 2005-242 , CREATING the
Agricultural Conversion Mitigation Fee AD HOC CITIZENS’ ADVISORY COMMITTEE and
APPOINTING citizens to membership of said committee.
ITEM EXPLANATION:
This item is concerned with the creation of an Agricultural Conversion Mitigation Fee AD HOC CITIZENS’ ADVISORY COMMITTEE, to be charged with making recommendations to the City
Council for funding projects with monies from the Agricultural Conversion Mitigation Fee Fund. The proposed action would create the Ad Hoc Advisory Committee with a four-year life and appoint its
members.
Background At its regular meeting of April 12, 2005 (extract of minutes attached as Exhibit 2), the
City Council considered and approved amendments to the Municipal Code incorporating the
suggested modifications of the California Coastal Commission to the Agricultural Conversion
Mitigation Fee program. Part of the program calls for the creation of a citizens’ committee that would be tasked to call for and review grant proposals for the expenditure of the collected mitigation fees, in
keeping with the parameters established by the revised code (please see Exhibit 3 for M. C. Section 21.202.060 that sets out these expenditure parameters). Following review of proposals, the
committee would then make recommendations to the City Council for awarding grants. At the April
12, 2005 meeting the City Council considered several alternative committee member compositions,
coming to consensus around the proposal of Council Member Kulchin. This proposal calls for a five-
member committee with representation as follows:
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Two citizens at large
One representative of lagoon interests
One representative of beach interests
One representative of agriculture interests
In addition, in keeping with the Coastal Commission modifications, the committee would be
assisted by a representative of the California Coastal Conservancy, as well as City staff.
At the July 20, 2005 City Council Workshop, the Council discussed the topic of the formation of the committee. Minutes from the workshop are attached to this agenda bill as Exhibit 4. The Council
seemed to have consensus regarding establishing the committee with seven members instead of five
members. Included in the discussion of a seven-member committee was a proposal to have one of
the committee members be a Planning Commissioner and the other six members consist of citizens at large. The attached City Council Resolution leaves it to the discretion of the City Council to
determine the number of members and their affiliation.
The Agricultural Conversion Mitigation Fee Fund has accrued fees in the amount of approximately $6
million. Another $3 million is expected to be collected in future years as the city approves
development on lands subject to the fee. Consequently, staff anticipates that the program would
need to operate in two phases: a) an initial call for projects to allocate the initial $6 million, to be
followed by b) one or more subsequent allocations as funds are accrued over time. Staff is proposing
that the ad hoc committee be chartered for an initial period of four years. At the end of this time the
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PAGE 2 OF AGENDA BILL NO. 18,231
committee and its operations would automatically sunset, unless the City Council resolves to renew
the mandate and membership appointments.
As part of the April 12, 2005 presentation staff suggested that, once formed, the ad hoc committee
should first meet to develop a proposal for detailed operating policies and procedures consistent with
the general parameters of the program set out in the Municipal Code and return to Council with that
proposal. Then, following approval of the operating procedures and policies, the ad hoc committee
would convene and make the initial call for project funding proposals.
ENVIRONMENTAL:
This action does not constitute a "project" under the California Environmental Quality Act and no
environmental review is required. Individual project grantdexpenditure proposals may, however, require environmental review based upon the nature of the individual proposal.
FISCAL IMPACT:
Agricultural Conversion Mitigation Fees are collected as lands subject to the fee are developed.
These fees have been set-aside in a special city fund dedicated to providing the types of project
grants now being proposed.
The only direct costs to the city would be the staff time and administrative costs associated with the
on-going operations of the ad hoc committee over its four-year life. Staff recommends that the City
Council appropriate budgets from the Agricultural Conversion Mitigation Fees Fund in amounts not to exceed $5,000 in the first year and $3,000 in subsequent years for the operation and administration
of the committee. Committee members would serve as volunteers with no compensation.
EXHIBITS:
1. City Council Resolution No. 2005-242 , creating the ad hoc committee and appointing
2.
3.
its members
Excerpt from Minutes of the City Council meeting of April 12, 2005
Copy of Ordinance NS-752, amending Municipal Code Section 21.202.060.D to establish the
Agricultural Conversion Mitigation Fee and Expenditure Plan, including the list of four
allowable uses to which the fees may be applied
Minutes of the City Council Workshop of July 20,2005. 4.
DEPARTMENT CONTACT: Dennis Turner, (760) 6024609, dturn@ci.carlsbad.ca.us
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RESOLUTION NO. 2005-242
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CREATING THE AGRICULTURAL
CONVERSION MITIGATION FEE AD HOC CITIZENS’
ADVISORY COMMITTEE TO A FOUR YEAR LIFE TO MAKE
RECOMMENDATIONS TO THE CITY COUNCIL ON GRANT
PROPOSALS FOR FUNDS FROM THE AGRICULTURAL CONVERSION MITIGATION FEE FUND, APPOINTING
AND APPROPRIATING OPERATING BUDGETS FROM THE
AGRICULTURAL CONVERSION MITIGATION FEE FUND IN
THE AMOUNTS OF $5,000 FOR THE FIRST YEAR AND $3,000
EACH FOR THE SECOND THROUGH FOURTH YEARS OF THE
COMMITTEE’S LIFE
WHEREAS, the City Council of the City of Carlsbad has created the
Agricultural Conversion Mitigation Fee program and fund, through which coastal agriculture
land may be converted from agricultural land uses to urban uses upon the payment of an
agricultural conversion mitigation fee; and
MEMBERS TO SAID COMMITTEE FOR FOUR-YEAR TERMS,
WHEREAS fees in the amount of approximately $6 million have been
collected and deposited into the Agricultural Conversion Mitigation Fee Fund (“Fund”) for
use in mitigation projects; and
WHEREAS, on July 6, 2004, the City Council held a duly-noticed public
hearing as prescribed by law to consider zone code amendment ZCA 04-04 and Local
Coastal Plan amendment LCPA 03-06 to implement the agricultural conversion mitigation
fee program, and adopted City Council Resolution No. 2004-227 and Ordinance NS-711 to
approve the amendments; and
WHEREAS, on January 13, 2005, the California Coastal Commission held a
duly-noticed public hearing as prescribed by law to consider the City’s Local Coastal
Program Amendment, and approved it subject to the following modifications: distinguishing
the City’s program from the state-administrated program, requiring a California Coastal
Conservancy staff member to be part of the Citizens’ Advisory Committee, emphasizing the
restoration aspect of coastal and lagoon environments and sandy beaches, and promoting
agricultural lands and activities; and
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WHEREAS, the City Council on April 12, 2005, held a duly noticed public
hearing as prescribed by law to consider the suggested modifications of the California
Coastal Commission and adopted Resolution 2005-105 and Ordinance No. NS 752
adopting said modifications; and
WHEREAS, at the April 12 public hearing the City Council also considered
staff recommendations regarding the establishment of an ad hoc Citizens’ Advisory
Committee whose task would be to solicit proposals for use of the Fund and make
recommendations to the City Council with regard to those proposals;
NOW, THERFORE, the City Council of the City of Carlsbad does hereby
resolve as follows:
1. That the above recitations are true and correct.
2. That there is hereby created an Agricultural Conversion Mitigation Fee Ad
Hoc Advisory Committee whose charge shall be to call for, review, and make
recommendations to the City Council for proposed expenditures from the Fund via the
following powers, duties and responsibilities:
a. The Ad Hoc Advisory 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 Carlsbad, one member from the City Planning
Commission and six members at large as follows:
1. Eric Larson
2. Irv Roston
3. Ken Alfrey
4. Richard Erhardt
5. Hope Wrisley
6. Julie Nygaard
7. Julie Baker (Planning Commissioner)
b. The Ad Hoc Committee shall exist for a period of four years, or until
all funds are allocated, whichever occurs first, from the date of this resolution and, at
the end of this time period, 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 is 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 exceed $5,000 for the first year
and $3,000 for subsequent years is hereby appropriated from the Fund to support the work of the Ad Hoc Committee.
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d. The Ad Hoc Committee shall select a Chairperson and establish its
own meeting schedule (in keeping with section “f”), as necessary and appropriate,
to accomplish the work assigned to it by the City Council;
The Ad Hoc Committee shall conduct its business in open and public
meetings which shall be subject to the Ralph M. Brown Act (“Act”, Gov Code
Sections 54950, et seg.) and shall only meet in closed session upon advice of the City Attorney in accordance with the Act.
f. The principal charge of the Ad Hoc Committee is to make recommendations to the City Council for proposed expenditures from the Fund in
keeping with the mandates established by Municipal Code Section 21.202.060,
incorporated herein by reference. The Committee shall report at least twice to the
City Council during its first year. The first report shall be a detailed proposal of how
the Committee would operate to carry out its mandate. The 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. The Committee shall then implement the operating plan approved by the City Council. The second report shall
carry the Ad Hoc Committee’s recommendations for initial expenditures from the
Fund. The Ad Hoc Committee shall meet at least twice in each of the second
through fourth years.
g. No member of the Ad Hoc Committee shall participate in discussions on or cast a vote on expenditure recommendations where he or 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.
e.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 2nd day of August, 2005, by the following vote,
to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
ATTEST:
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EXHIBIT 2
Carlsbad City Council Meeting
Assistant City Attorney
ACTION: On a motion b
Lewis, Hall, Kulchin, Packard, and Sigafoose
ORDINANCE FOR INTRODUCTION:
This item was taken out of order to be heard after item number six.
B #18.067 -APPROVAL OF CALIFORNIA COASTAL COMMISSION SUGGESTED
MODIFICATIONS - ZCA 04-04(A)/LCPA 03-06(A) AND THE CITY'S
AGRICULTURAL MITIGATION FEE PROGRAM.
The Mayor asked that item number three be heard after item number six.
Senior Planner Eric Munoz gave a presentation to Council on this item. In response to
Council, Mr. Munoz discussed the Coastal Commission modifications, noting that the
modifications were minor in nature.
Mr. Munoz discussed staffs recommendation for the Citizen Advisory Commission. In
response to Council,he noted that the proposed Committee membership criteria and
size could be changed at Council's discretion.
Council Member Sigafoose stated that a member from the Beach Preservation
Committee would be a valuable addition to the Citizen Advisory Committee.
William J. Carroll, 231 5 Rue des Chateaux, a member of the Beach Preservation
Committee, noted that the Beach Preservation Committee is interested in restoration of
beaches and lagoons, an emphasis of the Agricultural Mitigation Fee Program. Mr.
Carroll asked Council for consideration of a Beach Preservation member to become
part of the Citizen Advisory Commission.
Eric Larsen, 1355 Forest Ave., reminded Council that the monies in the Agricultural
Mitigation Program came from the local farmers. He asked for balance in the use of
these mbnies. Mr. Larsen noted that temporary farm worker housing is needed and he
asked that Council create a balanced committee to review funding requests.
Michael Wischkaemper, 4039 Sunnyhill Drive, Chair of the Farm Worker Housing
Coordinating Committee, asked Council for approval of the ordinance before them. He
noted that he has concerns regarding the make up of the committee and the wording of
April 12,2005 Carlsbad City Council Meeting Page 4
the funding proposal. (A letter from Mr. Wischkaemkper dated April 11, 2005, is on file
in the Office of the City Clerk). Mr. Wischkaemper stated that Mr. Carroll would be a
good choice as member of the Citizen’s Advisory Committee.
In response to Council, Mr. Wischkaemper stated that he is continuing to search for
temporary farm worker housing throughout the crty.
In response to Council, Mr. Munoz explained the Coastal Commission’s criteria for
funding. He noted that the Coastal membership did not want to expend all of the funds
on one project such as sand for beaches. Mr. Munoz stated that Coastal Commission
asked that the distribution of funds be equitable for lagoon, beach, and agricultural
projects.
Council discussion ensued regarding the make up of the membership of the Citizen
Advisory Committee.
In response to the City Manager, Mr. Munoz stated that the committee can set up
policies and procedures for the expenditure of funds.
Council Member Kulchin suggested that the membership of the Citizen’s Advisory
Committee be as follows: one lagoon representative, one beach representative, one
agricultural representative and two citizens at large.
Council concurred with Council Member Kulchin’s membership suggestion.
Council members spoke about the numerous accomplishments of Mr. Munoz. The
Council wished him well in his new endeavors.
Assistant City Attorney Jane Mobaldi titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Hall, Council introduced
ORDINANCE NO. NS-752, amending the Local Coastal Program
and Title 21 of the Municipal Code to implement the City’s
Agricultural Mitigation Fee Program incorporating the California
Coastal Commission’s suggested modifications; and
Council adopted RESOLUTION NO. 2005-105, as amended, to
approve a Zone Code Amendment and Local Coastal Program
Amendment and to acknowledge and adopt the California Coastal
Commission suggested modifications for LCPA 03-06, and created
a Citizen’s Advisory Committee consisting of one lagoon
representative, one beach representative, one agriculturaWarming
representative and two citizens at large.
- AYES: - NOES: None.
Lewis, Hall, Kulchin, Packard, and Sigafoose
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April 12,2005 Carlsbad City Council Meeting Page 5
PUBLIC COMMENTS: None.
ADJOURNMENT TO THE HOUSING AND REDEVELOPMENT COMMISSION
adjourned to the Housing and Redevelopment Commission Meeting at
p.m. and reconvened at 7:13 p.m. with Mayor Lewis and all four Council
DEPAR~ENTAL AND CITY MANAGER REPORT:
\ /
Vice President o
regarding the San D
(The presentation ma
egic Planning Angela Shafer-Payne,
ty Airport Land Use
on file in the Office of Plan, 2005 Update.
Ilan-Palomar Airport maps
ed plan and the needs of the
the plan follows state guidelines,
IS that the guidelines regarding
densitylacre or intensity around ai he current reality. Ms. Shafer-Payne
urged the ctty to incorporate s development in Carlsbad is compatibl
In response to Council, Ms. that Redevelopment projects
consistent with our current d ould be compatible with the
compatibility plan.
t the Urban and Military
In response to C
ouncil Member Packard urged the Authority members to extend the comment period.
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EXHIBIT 3
ORDINANCE NO. NS-752
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING THE LOCAL
COASTAL PROGRAM AND TITLE 21 OF THE
MUNICIPAL CODE TO IMPLEMENT THE CITY'S
AGRICULTURAL MITIGATION FEE PROGRAM
INCORPORATING THE CALIFORNIA COASTAL
COMMISSION'S SUGGESTED MODIFICATIONS.
CASE NAME: AGRICULTURAL MITIGATION FEE
PROGRAM
CASE NO.: ZCA 04-04(A)
The City Council of the City of Carlsbad, California, does ordain as
follows:
WHEREAS, the Planning Commission on March 17, 2004, held a
duly noticed public hearing as prescribed by law to consider Zone Code
Amendment ZCA 04-04 and Local Coastal Program Amendment LCPA 03-06 and
adopted Planning Commission Resolutions No. 5584 and 5585 recommending to
the City Council that they be approved; and
' WHEREAS, the City Council on July 6, 2004, held a duly noticed
public hearing as prescribed by law to consider said ZCA and LCPA and adopted
City Council Resolution No. 2004-227 and Ordinance NS-711 to approve the
amendments; and
WHEREAS, the California Coastal Commission on January 13,
2005, held a duly noticed public hearing as prescribed by law to consider an
amendment to the Local Coastal Program and acted to certify the amendment
with suggested modifications. A strikeout version is attached as Attachment "A".
The City Council of the City of Carlsbad, California does hereby
resolve as follows:
Section I: That Section 21.202.060 D is amended to read as
follows:
21.202.060 D. Agricultural Conversion Mitigation Fee and Expenditure
Plan. In lieu of the procedures established by subsection b) or subsection c) of
this section, property may be converted to urban uses upon payment of an
agricultural conversion mitigation fee. 4
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This fee is separate and distinct from the mitigation fee established by
Section 301717.5 of the Public Resources Code, which applies to certain
properties outside the Mello I and Mello II segments of the City’s Local Coastal
Program, is collected and administered by the State Coastal Conservancy and
has different expenditure priorities.
The amount of the fee shall be determined by the City Council at the time it
considers a Coastal Development permit for urban development of the property.
The fee shall not be less than five thousand dollars nor more than ten thousand
dollars per net converted acre of agricultural land and shall reflect the approximate
cost of preserving prime agricultural land pursuant to subsection B of this section.
The fees shall be paid prior to the issuance of building permits for the project. All
mitigation fees collected under this section shall be deposited in the City of
Carlsbad LCP Agricultural Mitigation Fees Fund and shall be expended by the City
of Carlsbad subject to the recommendations of an advisory committee to be
established by City Council action. The advisory committee shall have city and Coastal Conservancy staff and community representation. The intent is not to establish priorities for Program use, but rather to promote equitable distribution
amongst the allowable uses outlined below. The advisory committee may also develop policies or procedures for the review of requests and the allocation of
funds. The allowable uses for the Agricultural Mitigation Fees 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.
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.
Improvements to existing or proposed lagoon nature centers.
c)
d)
EFFECTIVE DATE: This ordinance shall be effective thirty days
after its adoption, and the City Clerk shall certify to the adoption of this ordinance
and cause it to be published at least once in a publication of general circulation in
the City of Carlsbad within fifteen days after its adoption. Notwithstanding the
preceding, this ordinance amendment effectuates a Local Coastal Program
Amendment, and shall not be effective in the Coastal Zone until it is approved by
the California Coastal Commission.
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EXHIBIT 4
SPECIAL MEETING OF:
DATE OF MEETING:
TIME OF MEETING:
PLACE OF MEETING:
CITY COUNCIL WORKSHOP
July 20, 2005
11:OO a.m. - 5:OO p.m.
1635 Faraday Ave, Room 173A
The Mayor called the meeting to order at 11 :00 A.M. All Council Members were present
as were the City Manager and Assistant City Attorney.
The Mayor called for Council reports. Mayor Lewis reported that he would like to see a
total of seven members, one from the Planning Commission, on the committee, which
will determine how the Agricultural Mitigation Fee Program funds are to be allocated.
The Mayor noted that the Council had previously designated that the committee be
made up of one representative from the agricultural community, one representing the
lagoon foundations, one representing the Beach Erosion Committee and two citizens at
large. The Mayor’s proposal to add two members and make all citizens at large, other
than the Planning Commission, was unopposed. The City Manager recommended that
when the Planning Department presents an agenda bill on the subject in the near future,
that the composition of the committee be discussed further at that time.
Council Member Hall reported on the SANDAG meeting at which the representative
from the City of Oceanside stated it is considering pulling the proposed Rancho del Or0
segment and interchange from the traffic circulation element of its General Plan. The
City Manager added that CalTrans wants to add eight lanes to Interstate 5 for a total of
16 lanes and revise the 1-78 and 1-5 interchange. Council agreed that any plans for the
new interchange cannot be supported without further information concerning any
impacts to existing exits and traffic patterns, particularly the Las Flores exit.
Council Member Kulchin reported that Transnet is considering proposing a tax to raise
funds for transportation. She also made the Council aware of a beach erosion
conference in San Diego to be held on August 3, 2005.
The Mayor reported that the Metropolitan Water District is requesting 34% wage
increase for its staff, and that a 29% cost of living increase over a period of years had
previously been approved.
Council Member Packard reporting from the Buena Vista Lagoon JPA stated that the
water in the Buena Vista Lagoon is brackish and the issue under discussion is whether
this condition should be corrected with a mixture of fresh water and salt water. That
issue will be considered in a proposed EIR for the project. Council Member Hall
reported that he is a proponent of a multi-city master plan for the Buena Vista Lagoon,
which is actually owned by the California Department of Fish and Game.
Mike Grim of the Planning Department gave a Housing Element status update and
asked the Council for direction on several policy issues. The Council generally
expressed interest in revising the City’s inclusionary program to include a Moderate
Income Requirement only if that requirement were included in the existing 15%
inclusionary requirement, i.e. 10% lower income housing would be required and 5%
moderate income. The majority of the Council, with the exception of Council Member
Kulchin, did not support adding a moderate inclusionary requirement above and beyond
the 15% requirement already specified in the Municipal Code.
The Council did not support establishing a Non-Residential Linkage Fee even though
such a fee has been conditioned for several projects if and when it is established, up
until the time of building permit issuance. This Non-Residential Linkage Fee will be
removed from the next Housing Element, which is currently being prepared.
With regard to Transitional HousinglEmergency Shelters, the Council agreed with the
recommendation that siting of such facilities be added in industrial zones only, and not
in the Village. While these uses could have potentially been accommodated in
agricultural zones, Mr. Grim pointed out that there are very few vacant agricultural
zones remaining in the City, and that there is a pending proposal to eliminate the EA
and RAzones.
The Council was unanimously opposed to adding a provision for the development of
Single Room Occupancy Housing into the Housing Element. That proposal was
initiated in a public workshop.
The second proposal initiated by public workshop was for Universal Design and
Visibility for Accessibility. The Council unanimously agreed that barriers to accessibility
for handicapped persons should be removed and that such provisions should be added
to the Housing Element.
Finally, the Council considered whether to apply to the Housing and Community
Development Department (HCD) for the ability to self-certify its Housing Element. The
advantages of Self-Certification were defined by Mr. Grim as no HCD review up front,
no impact to housing funding (unless pending legislation removes its availability) and
public acknowledgement of the fact that the City has been able to meet its extremely
low income production requirements, which are a prerequisite to self certification.
Julie Baker, the representative of the Planning Commission, spoke to the Council in
support of adding a provision for the production of moderate income housing to the
City's inclusionary ordinance, since the Planning Commission has noted that there is a
lack of moderate income housing available in Carlsbad.
The Mayor called for public comment and there being none, he thanked all for their full
and complete attention and participation and adjourned the special meeting at 12:35
p.m.
Respectfully submitted,
JANE MOBALDI
Assistant City Attorney
as Clerk Pro Tem for the meeting
Ti - Stroben
1724 CAIAVO COURT - CARLSBAD N CALIFORNIA N 92008
Office: 760-489-0800
Cell : 760-53 3-9977
Fax; 760-489-0696
To: Carlsbad City Council Chambers
7 60-720-946 1
Re: Agriculture Mitigation Fund Committee
Dear Mr. Mayor and City Council Members,
I would like to be considered to be a member on the new
committee that is being formed that will help distribute
grants from the agriculture mitigation fund.
While I support growth, as a citizen of Carlsbad I am an
ardent supporter of our city's commitment to land mitigation
preserving vast amounts of open space and preventing each
new housing development abutting each other.
This money has been set aside for all the right reasons and I would welcome the opportunity to serve my community with
this important task.
TOTAL P. 01
2 August 2005
' CITY OF CARLSBAD I
P CiTY CLERK'S OFFtCE
Mr. Bud Lewis
I200 Carlsbad Village Drive
Carlsbad, CaIifornia 92008
Dear Mayor Lewis:
I u. I CUYltOI
I note with interest that the Council is discussing formation of the Ad Hoc Agricultural
Conversion Mitigation Fee Citizens Advisory Committee at its meeting tonight. Based on the
agenda item description I am not sure if you are discussing the structure of the committee or
appointing its members. Rather than risk missing the boat, I thought I would write and express
my interest in being appointed to that committee.
I believe my experience with the Batiquitos Lagoon Foundation, the Carlsbad Parks and
Recreation Commission and my familiarity with the history of the AgricuIturaI Mitigation Fee
program makes me uniquely qualified to serve on this committee. Furthennore, my proven track
record of working with the city to craft sensitive solutions to potentially divisive issues would
make me an asset to the committee.
Thank you for considering my request to serve and I hope I can count on your support.
Sincerely ,
Seth Schulberg
1060 Chinquapin Ave.
CarIsbad, CA 92008
760-505-5640
August 2,2005
TO: Mayor Lewis
Council Members
FROM: Tracy Cannichael
Tracy Carmichael called to leave a message for the Mayor. She is requesting
consideration for appointment to the new Ad Hoc Agricultural Conversion Mitigation
Fee Citizens Advisory Committee, which will be discussed at tonight’s meeting.
She said she is aware the committee may not be at the formation stage, but she wanted to
get her name in the hat early.
kl
CITY OF CARLSBAD
August 4,2005
TO: City Clerk
FROM: City Attorney
AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS’ ADVISORY
COMMllTEE - RESOLUTION NO. 2005-242
I have amended the above referenced resolution in accordance with the Council’s
action at its meeting of Tuesday, August 2, 2005. Please present it to the Mayor for
signature and filing.
I appreciate your prompt attention to this matter n
RONALD R. BALL
City Attorney
rm h
C: City Manager
Administrative Services Director acting as City Manager
Community Development Director
Assistant Planning Director
Principal Planner Turner
August 2,2005
TO: CITY COUNCIL MEMBERS
FROM: Mayor
Here is the list of names for consideration for appointment to the new Ad Hoc
Agricultural Conversion Mitigation Fee Citizens Advisory Committee, along with the
name of the person who has recommended them:
Mayor Lewis Eric Larson
Irv Rosten
Matt Hall Ken Alfrey
Ann Kulchin Richard Erhardt
Mark Packard Hope Wrisley
Norine Sigafoose Julie Nygaard
Planning Commission Will recommend name on Wednesday
BL/kl
AGRICULTURAL MITIGATION FEEAGRICULTURAL MITIGATION FEEAD HOC ADVISORY AD HOC ADVISORY COMMITTEECOMMITTEECity Council City Council August 2, 2005August 2, 2005
Recommended Actions for CouncilRecommended Actions for CouncilCreate the Ad Hoc CommitteeCreate the Ad Hoc CommitteeName Committee membersName Committee membersDirect Committee to prepare its Direct Committee to prepare its operating procedures and returnoperating procedures and returnApprove budgetApprove budget
CreateCreateAd HocAd HocCommitteeCommitteeFourFour––year life (auto sunset)year life (auto sunset)Determine member number and Determine member number and representation (if any)representation (if any)Staff: Planning Dept and Calif. Staff: Planning Dept and Calif. Coastal Conservancy (by statute)Coastal Conservancy (by statute)Fund areas (“equitable distribution”:Fund areas (“equitable distribution”:••Restore lagoon Restore lagoon envirenvir. (habitat /OS). (habitat /OS)••AgrAgr. lands (incl. farm worker housing). lands (incl. farm worker housing)••Restore beaches (incl. sand replenish.)Restore beaches (incl. sand replenish.)••Improve lagoon nature centersImprove lagoon nature centers
Name Comm. MembersName Comm. MembersFourFour--year terms year terms ••Run with life of committeeRun with life of committee••Volunteers Volunteers --No compensationNo compensationName membersName members
Committee OperationsCommittee OperationsBrown ActBrown ActConflict of interest provision (Conflict of interest provision (parapara. “g”). “g”)Year 1: Two phasesYear 1: Two phases••Report: recommend operating plan to CouncilReport: recommend operating plan to CouncilFund drawFund draw--down proposaldown proposalClarify “equitable distribution”Clarify “equitable distribution”Solicitation of proposals (process)Solicitation of proposals (process)Grant evaluation/selection criteriaGrant evaluation/selection criteriaVoting proceduresVoting procedures••Report: recommend initial grantsReport: recommend initial grantsYears 2Years 2--4: meet at least twice/year4: meet at least twice/year••Review/audit earlier year grantsReview/audit earlier year grants••Review accrual of new fundsReview accrual of new funds••Make new grant recommendationsMake new grant recommendations••Status report to CouncilStatus report to Council
Operating BudgetOperating BudgetYear 1: $5,000Year 1: $5,000Years 2Years 2--4: $3,000/yr.4: $3,000/yr.Potential usesPotential uses••AdvertisingAdvertising••Notices of meetingsNotices of meetings••Travel to sitesTravel to sites••Materials and general admin.Materials and general admin.Source: Agric. Source: Agric. ConverConver. . MitMit. Fee Fund. Fee Fund
RecommendationRecommendationAdopt CC Resolution 2005Adopt CC Resolution 2005--242242••Creating ad hoc committeeCreating ad hoc committee••Appointing membersAppointing members••Providing initial direction to committeeProviding initial direction to committee••Appropriating budgetAppropriating budget