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Home My WebLink About2006-05-16; City Council; Resolution 2006-1321 RESOLUTION NO. 2006-132 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING THE COMMITTEE'S PROPOSED METHOD OF CARRYING OUT ITS MANDATE AND 4 AUTHORIZING THE COMMITTEE TO PROCEED WITH THE SOLICITATION OF PROJECT PROPOSALS FOR FUNDING 5 AND AUTHORIZING A BUDGET FOR PROPOSAL SOLICITATION ACTIVITIES 6 WHEREAS, on August 2, 2005, the Carlsbad City Council created the 7 Agricultural Conversion Mitigation Fee Ad Hoc Citizens' Advisory Committee (i.e., the8 Committee); and 10 WHEREAS, the principal charge of the Committee is to make recommendations jj to the City Council for proposed expenditures from the Agricultural Conversion Mitigation Fee 12 fund in keeping with the mandates established by Municipal Code Section 21.202.060; and 13 WHEREAS, the Committee is required to report at least twice to the City Council 14 during its first year; and 15 WHEREAS, the Committee's first report to the City Council constitutes a detailed 16 proposal of how the Committee would operate to carry out its mandate including: a) how the 17 Committee proposes to solicit expenditure/grant proposals, b) how it would operate to make 1 O recommendations to the Council, including proposed project/grant selection criteria and voting 19 procedures, and c) how it proposes to draw down on the Fund balances in the first and 20 subsequent years. 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 22 of Carlsbad, California, as follows: 23 1. That the above recitations are true and correct. 24 2. That the City Council approves of the method by which the Committee proposes to carry out its mandate as shown in the attached documents and authorizes the Committee to 25 proceed with the solicitation of project proposals. (On file in the office of the City Clerk).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 3. That the City Council approves a budget of not to exceed $10,000.00 from the Fund to be used for project solicitation purposes. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 16th day of May , 2006, by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ABSTAIN None ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) .X\U"";, -2- EXHIBIT "2" CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE FIRST REPORT TO CITY COUNCIL Adopted by the Citizens Committee To be forwarded to the Carlsbad City Council CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE FIRST REPORT TO CITY COUNCIL TABLE OF CONTENTS SECTION I Committee Cover Letter Membership Roster/Acknowledgements SECTION II - COMMITTEE PROCESS AND CONCLUSIONS Road Map Meetings Held Key Decisions Committee Operating Procedures & Agreements Proposal Solicitation Strategy Proposal Consideration & Process Summary Proposal Evaluation Criteria Proposal Evaluation Form SECTION III - APPLICANT INFORMATION AND FORMS Grant Information Sheet Grant Application Instructions Grant Application Submittal Checklist Grant Application Form Grant Recipient Agreement Letter SECTION IV - APPENDICES Appendix A: Meeting Agendas Appendix B: Meeting Minutes & Charted Notes Appendix C: Charge of the Committee Appendix D: City Council Agenda Bill No. 18,231 & Resolution No. 2005-242 Appendix E: City Council Agenda Bill No. 18,079 & Resolution No. NS752 Appendix F: Agricultural Mitigation Fee Program - Historical Summary Appendix G: List of Reference Materials Provided to Committee SECTION I April 17,2006 Carlsbad City Council 1200 Carlsbad Village Drive Carlsbad, CA 92008 Mayor and City Council Members: The Agricultural Conversion Mitigation Fee Citizens Ad Hoc Advisory Committee has been meeting since August 31, 2005 and has accomplished the tasks necessary to complete its first report to the City Council as required by City Council Resolution No. 2005-242. The individual documents addressing the Committee's proposed operations and decision-making, as well as copies of all of the Committee's meeting agendas, minutes, and charted notes, are incorporated into this document which constitutes the first report to the City Council. V The Committee has prepared a plan which we believe will allow us to solicit project proposals in a fair and open manner and to effectively evaluate those project proposals received. The Committee looks forward to proceeding to the opportunity to solicit, < evaluate, and recommend for approval projects which will benefit the citizens of Carlsbad. Eric Larson, Vice-Chair CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE MEMBERSHIP ROSTER Voting Members: Julie Nygaard, Chair Eric Larson, Vice-Chair Ken Alfrey Julie Baker (Planning Commissioner) Richard Erhardt Irv Roston Hope Wrisley Non-Voting Members/Staff; Deborah Ruddock, California Coastal Conservancy Chris De Cerbo, Principal Planner Elaine Blackburn, Senior Planner Facilitator; Jim Boylan Minutes Clerk; Carol Cruise SECTION II - COMMITTEE PROCESS AND CONCLUSIONS 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 mandate. 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. 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. Schedule report for City Council meeting. CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE MEETINGS HELD Unless otherwise noted, all meetings were held at the Faraday Building, 1635 Faraday Avenue, in Room 173-A. Tuesday, August 30, 2005 9:30 am - 12:00 pm *Dove Library, Meeting Room Monday, September 19, 2005 9:00 am - 12:00 pm Monday, September 26, 2005 9:00 am - 12:00 pm Tuesday, October 4, 2005 9:00 am - 12:00 pm Monday, October 31,2005 1:00 pm - 3:30 pm Tuesday, November 29, 2005 1:00 pm - 3:30 pm Monday, December 12, 2005 8:00 a.m. - 10:00 a.m. Friday, February 10, 2006 8:00 a.m. - 10:00 a.m. 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. 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. 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: • Editorial Boards • News 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 • Mailings to those known to be interested o List of individuals with potential interest (list must be created) o List of organizations with potential interest (list must be created) 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 Tentative Timetable Council Approval of Committee Procedures, Criteria, etc. Early May 2006 Public Notification Process Early June 2006 Proposal Preparation Workshop(s) Late June 2006 Deadline for Proposal Submittal July 31, 2006 Committee Review Process August - September 2006 Preparation of Agenda Bill (Grant Awards Recommendations) October 2006 (or sooner) Presentation to Council November 2006 (or sooner) 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 contacts) 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. 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) AGRICULTURAL CONVERSION MITIGATION FEE GRANT PROPOSAL EVALUATION FORM PROJECT NO: PROJECT NAME: Rating Scale: Not Applicable = 0 Poor = 1 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 SECTION III APPLICANT INFORMATION AND FORMS City of Carlsbad Agricultural Conversion Mitigation Fee Grants Information Sheet The City of Carlsbad is accepting applications for Agricultural Mitigation Fee Project grants. The minimum grant application amount is $2,500.00. The grant funds are available to the following four types of projects: 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; or, D. Improvements to existing or proposed lagoon nature centers. These grants may be used in combination with funding from other sources or may be used for projects for which other funds are not available. These funds are available for one-time projects only, not for on- going programs. Project proponents must submit a written application. Project proponents may also be asked to make a presentation to the Committee. The City has currently collected approximately $6 million which will be allocated through this process. This grant opportunity may or may not be available annually or after the first year, depending upon the number of qualified proposals, the amount of funds available, and the amount of funds ultimately awarded by City Council. Projects approved for funding in the first year have no expressed or implied guarantee for future funding. The full amount of the available funds may not be disbursed if there are not sufficient meritorious applications. These grants will not be awarded on a first-come/first-serve basis but will be considered according to specific criteria. Any project which is awarded funds will be required to meet agreed-upon milestones. Failure to satisfy agreed-upon milestones will result in project reconsideration and possible cessation of funding. All documents submitted become the property of the City of Carlsbad. In order to be considered, completed application forms accompanied by all necessary attachments must be received no later than 5:00 PM on , 2006, at the City of Carlsbad, Planning Department, 1635 Faraday Avenue, Carlsbad, CA 9200S, Attention: Elaine Blackburn. Applications will be reviewed by a Citizen's Committee and referred to City Council for a final decision. This seven-member committee is comprised of: one member from the City Planning Commission and six members at-large. Within 60 days after the closing date for application submittals, this Committee will make a recommendation for approval of selected projects to the City Council. The City Council will then make the final decision regarding funding. If you have any questions regarding the funding for Agricultural Conversion Mitigation Fee Grants, please contact Elaine Blackburn by phone at (760) 602- 4621 or by email at eblac@ci.carlsbad.ca.us. AGRICULTURAL CONVERSION MITIGATION FEE GRANTS APPLICATION INSTRUCTIONS Applicant Information; Please provide the requested information including: name, address, phone, and two (2) contact names. Two contact names are required for the application to be considered complete. In addition to the written application, project proponents may be asked to make a presentation to the Committee. Please note that all documents submitted become the property of the City of Carlsbad. Amount of Grant Request; Enter the total dollar amount of City funds you are requesting. The minimum grant application amount is $2,500.00. Eligibility Requirements (Application Form Section D; Both individuals and organizations are eligible to apply for grant funds. In order to be eligible for a grant, the project must achieve one of the purposes listed below. Please note: Your application form must clearly and specifically demonstrate how the proposed project achieves on these purposes: 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, anti other beach-related improvements that enhance accessibility, and/or public use of beaches; or, d. Improvements to existing or proposed lagoon nature centers. Project Description. Scope, and Benefits (Application Form Section ID; Describe the project in sufficient detail to enable the reviewers to clearly understand the project, how the project achieves one of the required purposes of the fund (above), and how the citizens of Carlsbad will benefit from the project. Please be specific. Project Feasibility and Planning (Application Form Section DT): Identify all permits (e.g., federal, state, and local) and other approvals which will be required to implement the project. Also provide an implementation schedule for the project showing the project timeline and all activities required to implement the project, including specific measurable milestones (e.g., approval of permits). Applicant Information and Experience (Application Form Section IV); Provide the requested information for the applicant. If an organization, please attach an organizational chart. Provide information relating to the applicant's, and other employees' if applicable, experience in the project area for which funds are being requested. Include the number of years providing similar services and the experience level of the individual(s). Provide any other information which would be useful to the reviewers in understanding your capabilities to implement the project for which the funds are requested. Financial Resources/Budget (Application Form Section V): In addition to providing a detailed budget for the project request, please include a funding schedule (your request for the timing of disbursement of the funds). Funds will be made available upon achievement of specific milestones. Applicant must also provide the requested information on current funding sources/amounts, previous City funding received or requested within the past five years, and organization funding/resources (if applicable). Signatures; We require two contact names and their signatures. Reporting Requirements; A report on how the funds were spent will be required to be filed with the City annually, or when funds are spent, or at other agreed upon intervals, whichever comes first. This includes a detailed listing of revenue and expenses for the project and a narrative explanation of what the project accomplished. Proof of project expenses (i.e., receipts) are required to be held for at least two years (or longer if so specified in the Grant Funding Agreement) during which time the City reserves the right to audit the records. CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE GRANTS SUBMITTAL CHECKLIST When applying for a City of Carlsbad Agricultural Mitigation Fee Project grant, the items below must be submitted. You must submit 12 copies of all documents, organized into sets. NOTE: This is a summary list only. Please refer to the Application Form for details about the information required and formatting requirements. • Completed application form • Project summary (maximum 1 page, typed) • Project description (maximum 3 pages, typed) o including specific explanation of how the proposed project achieves one or more of the four purposes (see pages 1 and 2 of Application Form) and the benefits of the project; • Project exhibits (drawings, etc.), if applicable • Description of permits/approvals required • Project implementation plan and schedule, identifying milestones and responsible parties; • Type of applicant (individual or organization) • If an organization: business experience; governing board/members; purpose of organization; experience in project area; • Project budget • Project funding schedule • Audited financial statements (if an organization/agency) • General funding schedule (other projects) CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE GRANTS APPLICATION Note: This application and all supporting documents must be received no later than 5:00 p.m. on Project Number: Project Name: FOR STAFF USE ONLY Date Received: Submittal Formatting Requirements All submittals must be typed on 8 % x 11 sized paper (drawing exhibits may be larger), and you must provide twelve (12) full sets of all documents submitted. You must provide a one- page summary of the proposed project. The project description can be a maximum of three (3) typed pages with attachments as necessary. All documents submitted become the property of the City of Carlsbad. In addition to the written application, project proponents may be asked to make a presentation to the Committee. Submit to: City of Carlsbad; Planning Department; 1635 Faraday Avenue; Carlsbad, CA, 92008; Attention: Elaine Blackburn or email to eblac@ci.carlsbad.ca.us Please complete the following application using the guidance provided on the "Application Instructions" page. You may attach additional pages, subject to the "Submittal Formatting Requirements", above. Name of Applicant: Address: Phone: ( ) - Email: Contact 1) name phone Contact 2) name phone Please note: Successful applicants will be required to provide a Federal Tax ID # or Social Security # before any grant funds are released. Total Amount of Grant Request: $ Application must be for a minimum of $2,500.00. I. ELIGIBILITY REQUIREMENTS Your project MUST implement one of the four categories below to be eligible for this grant program. On-going programs will not be considered. Please contact Elaine Blackburn at the City of Carlsbad (760-602-4621) for further information, if desired. 1 Please indicate which of the four categories of eligible projects the proposed project would implement, and please be specific:- Y N a. Restoration of the coastal and lagoon environment including but not I I I I limited to acquisition, management and/or restoration involving wildlife habitat or open space preservation b. Purchase and improvement of agricultural lands for continued agricultural I I I I 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 I I I I 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 I I I I II. PROJECT DESCRIPTION, SCOPE, AND BENEFITS 1. Describe the proposed project. The description should a) provide sufficient detail for a clear understanding of the proposed project; b) include clear intended outcomes of the project; and, c) specifically address how the project satisfies the eligibility requirement(s). (Please attach separately; maximum 3 typed 8^x11 pages plus drawings) 2. How will the project benefit the citizens of Carlsbad? III. PROJECT FEASIBILITY AND PLANNING 3. What permits/approvals (federal, state, local, other) will the project require? 4. What is the time line for implementation of the project? 5. How will the project be implemented? Identify specific milestones that would be used to measure progress of project implementation and who will be responsible for implementation. IV. APPLICANT INFORMATION AND EXPERIENCE: Individual applicants, please complete items 6 and 10 in this section (Section IV). Organization/Agency applicants, please complete all items in this section. 6. This applicant is a (an): I I Individual I I Organization (Non-Profit) I I Organization (For Profit) D Public Agency (State/Local) Q Other 7. a. Years in Business: b. Number of Employees: c. Number of Volunteers: (Please attach an organizational chart.) 8. Names of Officers and Board of Directors: Name: Title: 9. What is the purpose or mission of your agency/organization? 10. Describe applicant's experience in the project area. V. FINANCIAL RESOURCES/BUDGET All applicants must attach a budget for the proposed project request and a proposed funding schedule. Organization/Agency applicants also provide your organization's most recent audited financial statement. 11. If other resources/funding will be used, please describe all funding you have already secured for the proposed project and identify the amount, type, and source(s) of all such funds. If no other resources/funding will be used, please so indicate. 12. Describe all other funding from any source that you have requested for the proposed project and identify the status of such request(s) if applicable. 13. Describe any previous City funding requested or received (for any project) in the past five years. VI. GENERAL COMMENTS/INFORMATION 14. Is there anything else you wish to make the Committee aware of regarding yourself, your organization, or your proposed project? INSTRUCTIONS AND APPLICATIONS FORM FEEDBACK The Committee's intent is to make the application instructions and application form easy to understand and complete. Therefore, we would appreciate your taking a few moments to provide feedback on both to the address on the front of this form. If there were instructions or questions which were confusing or difficult to complete, please identify those areas/questions and provide any suggestions you may have regarding improvement of these documents. Disclosures; These grants may be used in combination with funding from other sources or may be used for projects for which other funds are not available. Project proponents must submit a written application. Project proponents may also be asked to make a presentation to the Committee. The Agricultural Conversion Mitigation Fee Committee will review project proposals and will recommend to the City Council those projects selected for funding. Final approval of funding will require City Council approval. This grant opportunity may or may not be available annually or after the first year, depending upon the number of meritorious proposals, the amount of funds available, and the amount of funds ultimately awarded by City Council. Projects approved for funding in the first year have no expressed or implied guarantee for future funding. The full amount of the available funds may not be disbursed if there are not sufficient meritorious applications. These grants will not be awarded on a first-come/first-serve basis but will be considered according to specific criteria. Any project that is awarded funds will be required to meet agreed-upon milestones. Failure to satisfy the agreed-upon milestones will result in project reconsideration and possible cessation of funding. All documents submitted become the property of the City of Carlsbad. We understand the information above. Yes I I No I I Reporting Requirements: Grant recipients will be required to file with the City a report on how the funds were spent annually, or when funds are spent, or at other agreed upon intervals (e.g., upon achievement of a milestone), whichever comes first. Proof of project expenses (i.e., receipts) are required to be held for at least two years (or longer if so specified in the Grant Funding Agreement), during which time the City reserves the right to audit the records. We agree to adhere to the funding and reporting requirements described above. Yes I I No I I Other Requirements Grant recipients will be required to recognize on all printed material that the project is funded fully or in part by the City of Carlsbad. Certification; We, the undersigned, do hereby attest that the above information is true and correct to the best of our knowledge. (Two signatures required) Signature Title Date Signature Title Date Date AGRICULTURAL CONVERSION MITIGATION FEE GRANT FUNDING AGREEMENT I am pleased to inform you that the Carlsbad City Council approved the Agricultural Conversion Mitigation Fee Ad Hoc Citizens Committee's recommendation that you/your organization receive $ in Agricultural Conversion Mitigation Fee Grant funding. The grant is to be used for the following purpose(s): This letter is to serve as a Letter of Agreement. Please have both of the people who signed the grant application sign this agreement and return it in the enclosed envelope. The grant funds will be awarded in phases and upon the achievement of milestones according to the attached project schedule. Any project that is awarded funds will be required to meet agreed-upon milestones. If you need to make changes in your grant proposal project or schedule, please contact the Planning Department. Once this signed agreement is received, we will begin the initial release of funds, with future funds to be released based upon the agreed-upon milestones. If the funds are not spent for this specific purpose, they must be returned to the City. In addition, failure to satisfy the agreed-upon milestones will result in project reconsideration and possible cessation of funding. Grant recipients are required to recognize on all printed material that the project is funded in part or in full by the City of Carlsbad. A final report on how the funds were spent and what the project accomplished must be filed with the City of Carlsbad once the funds are spent or within one year of receipt of the money, whichever conies first. In addition, you agree to maintain original records (i.e., receipts) for at least years and make them available to the City should they request to audit them. Thank you for your participation in the Agricultural Conversion Mitigation Fee Grant process. Should you have any questions, please feel free to call Elaine Blackburn at 602-4621. Sincerely, Planning Director I/We hereby agree to all of the above. name date name date SECTION IV APPENDICES APPENDIX A MEETING AGENDAS CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE MEETING AGENDA MEETING OF FRIDAY, FEBRUARY 10,2006,8:00 A.M., FARADAY CENTER, ROOM 173-A, 1635 FARADAY AVENUE, CARLSBAD, CA 92008 1. Call To Order 2. Approval of Minutes 3. Remaining Issues/Questions for First Report to Council 4. Draft Documents for First Report to Council 5. Public Comment 6. Set Next Agenda 7. Adjourn Upcoming scheduled Committee meetings: (Unless otherwise noted, all meetings will be held at the Faraday Building, 1635 Faraday Avenue, in Room 173-A.) CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE MEETING AGENDA MEETING OF MONDAY, JANUARY 30,2006,8:00 A.M., FARADAY CENTER, PLANNING DEPT. LIBRARY, 1635 FARADAY AVENUE, CARLSBAD, CA 92008 1. Call To Order 2. Approval of Minutes 3. Remaining Issues/Questions for First Report to Council 4. Draft Documents for First Report to Council (if necessary) a. Agenda Bill b. Council Resolution c. Committee Operating Agreements and Procedures d. Proposal Consideration Summary e. Proposal Solicitation Strategy f. Proposal Evaluation Criteria g. Grant Application Cover Sheet h. Grant Application Instructions Sheet i. Grant Application Form j. Grant Recipient Agreement Letter k. Proposal Evaluation Form 1. Council Clarification Items 5. Public Comment 6. Set Next Agenda 7. Adjourn Upcoming scheduled Committee meetings: (Unless otherwise noted, all meetings will be held at the Faraday Building, 1635 Faraday Avenue, in Room 173-A.) CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE MEETING AGENDA MEETING OF TUESDAY, JANUARY 17, 2006, 8:00 A.M., FARADAY CENTER, ROOM 173-A, 1635 FARADAY AVENUE, CARLSBAD, CA 92008 1. Call To Order 2. Approval of Minutes 3. Review Draft Documents for First Report to Council a. Agenda Bill b. Council Resolution c. Committee Operating Agreements and Procedures d. Proposal Consideration Summary e. Proposal Solicitation Strategy f. Proposal Evaluation Criteria g. Grant Application Cover Sheet h. Grant Application Instructions Sheet i. Grant Application Form j. Grant Recipient Agreement Letter k. Proposal Evaluation Form 1. Council Clarification Items 4. Road Map check-in 5. Public Comment 6. Set Next Agenda 7. Adjourn Upcoming scheduled Committee meetings: (Unless otherwise noted, all meetings will be held at the Faraday Building, 1635 Faraday Avenue, in Room 173-A.) CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE MEETING AGENDA MEETING OF MONDAY, DECEMBER 12,2005,8:00 A.M., FARADAY CENTER, ROOM 173-A, 1635 FARADAY AVENUE, CARLSBAD, CA 92008 1. Call To Order 2. Approval of Minutes 3. Review Draft Documents for First Report to Council a. Agenda Bill b. Council Resolution c. Committee Operating Agreements and Procedures d. Proposal Consideration Summary e. Proposal Solicitation Strategy f. Proposal Evaluation Criteria g. Grant Application Cover Sheet h. Grant Application Instructions Sheet i. Grant Application Form j. Grant Recipient Agreement Letter k. Proposal Evaluation Form 4. Road Map check-in 5. Public Comment 6. Set Next Agenda 7. Adjourn Upcoming scheduled Committee meetings: (Unless otherwise noted, all meetings will be held at the Faraday Building, 1635 Faraday Avenue, in Room 173-A.) Tuesday, January 17, 2006 8:00 a.m. - 10:00 a.m. CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE MEETING AGENDA MEETING OF TUESDAY, NOVEMBER 29,2005,1:00 P.M., FARADAY CENTER, ROOM 173-A, 1635 FARADAY AVENUE, CARLSBAD, CA 92008 1. Call To Order 2. Approval of Minutes 3. Review Draft Documents a. Grant Application Cover Sheet b. Grant Application Instructions Sheet c. Grant Application Forms d. Grant Project Evaluation Criteria e. Committee Operational Procedures 4. Project Solicitation Strategy 5. Goals and Criteria for Project Evaluation 6. Revisit Road Map a. First Report to Council b. Tentative Work Schedule for First Year 7. Future Meeting Dates 8. Public Comment 9. Set Next Agenda 10. Adjourn Upcoming scheduled Committee meetings: (Unless otherwise noted, all meetings will be held at the Faraday Building, 1635 Faraday Avenue, in Room 173-A.) Monday, December 12, 2005 8:00 a.m. - 10:00 a.m. TENTATIVE DATE CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE MEETING AGENDA MEETING OF MONDAY, OCTOBER 31,2005,1:00 P.M.-3:30 P.M. FARADAY CENTER, ROOM 173-A, 1635 FARADAY AVENUE, CARLSBAD, CA 92008 1. Call To Order 2. Approval of Minutes 3. Review Draft Documents a. Grant Application Instructions Sheet b. Grant Application Forms c. Grant Project Evaluation Criteria d. Committee Operational Procedures 4. Project Solicitation Strategy 5. Revisit Road Map a. First Report to Council b. Tentative Work Schedule for First Year 6. Future Meeting Dates 7. Public Comment 8. Set Next Agenda 9. Adjourn Scheduled Committee meetings: (Unless otherwise noted, all meetings will be held at the Faraday Building, 1635 Faraday Avenue, in Room 173-A.) Monday, October 31,2005 1:00 p.m.-3:30 p.m. Tuesday, November 15,2005 1:00 p.m. - 3:00 p.m. Tuesday, November 29, 2005 1:00 p.m. - 3:00 p.m. CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE MEETING AGENDA MEETING OF TUESDAY, OCTOBER 4,2005, 9:00 A.M., FARADAY CENTER, ROOM 173-A, 1635 FARADAY AVENUE, CARLSBAD, CA 92008 1. Call To Order 2. Approval of Minutes 3. Goals and Criteria for Project Evaluation and Application Forms and Submittal Requirements for Project Proposals 4. Public Comment 5. Set Next Agenda 6. Adjourn Scheduled Committee meetings: (Unless otherwise noted, all meetings will be held at the Faraday Building, 1635 Faraday Avenue, in Room 173-A.) Tuesday, October 4, 2005 9:00 a.m. - 12:00 p.m. Monday, October 31, 2005 1:00 p.m. - 4:00 p.m. Tuesday, November 15, 2005 1:00 p.m. - 4:00 p.m. Tuesday, November 29, 2005 1:00 p.m. - 4:00 p.m. CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE MEETING AGENDA MEETING OF MONDAY, SEPTEMBER 26,2005,9:00 A.M., FARADAY CENTER, ROOM 173-A, 1635 FARADAY AVENUE, CARLSBAD, CA 92008 1. Call To Order 2. Approval of Minutes 3. Goals and Criteria for Project Evaluation 4. Public Comment 5. Set Next Agenda 6. Adjourn Scheduled Committee meetings: (Unless otherwise noted, all meetings will be held at the Faraday Building, 1635 Faraday Avenue, in Room 173-A.) Monday, September 26, 2005 9:00 a.m. - 12:00 p.m. Tuesday, October 4, 2005 9:00 a.m. - 12:00 p.m. Monday, October 31, 2005 1:00 p.m. - 4:00 p.m. Tuesday, November 15, 2005 1:00 p.m. - 4:00 p.m. Tuesday, November 29, 2005 1:00 p.m. - 4:00 p.m. CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE MEETING AGENDA MEETING OF MONDAY, SEPTEMBER 19,2005, 9:00 A.M., FARADAY CENTER, ROOM 173-A, 1635 FARADAY AVENUE, CARLSBAD, CA 92008 1. Call To Order 2. Roll Call 3. Approval of Minutes 4. Agreements/Operating Procedures 5. Committee Road Map 6. Role of Committee Members 7. Charge of Committee 8. Criteria for Project Evaluation 9. Public Comment 10. Set Next Agenda 11. Adjourn Scheduled Committee meetings: (Unless otherwise noted, all meetings will be held at the Faraday Building, 1635 Faraday Avenue, in Room 173-A.) Monday, September 19, 2005 9:00 a.m. - 12:00 p.m. Monday, September 26, 2005 9:00 a.m. - 12:00 p.m. Tuesday, October 4, 2005 9:00 a.m. - 12:00 p.m. Monday, October 31, 2005 1:00 p.m. - 4:00 p.m. Tuesday, November 15, 2005 1:00 p.m. - 4:00 p.m. Tuesday, November 29, 2005 1:00 p.m. - 4:00 p.m. CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE MEETING AGENDA MEETING OF TUESDAY, AUGUST 30,2005,9:30 A.M., DOVE LIBRARY MEETING ROOM, 1775 DOVE LANE, CARLSBAD, CA 92008 1. Call To Order 2. Roll Call 3. Housekeeping and Introductions 4. Decision-making Procedures 5. Background and History 6. Purpose and Scope of Committee 7. Election of Chairperson and Vice-Chairperson 8. Establish Dates and Times for Future Meetings 9. Public Comment 10. Set Next Agenda 11. Adjourn APPENDIX B MINUTES & CHARTED NOTES Pagel Minutes of: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee Type of Meeting: ORGANIZATIONAL Time of Meeting: 8:00 A.M. Date of Meeting: February 10, 2006 Place of Meeting: FARADAY CENTER-ROOM 173-A MEETING MINUTES Chairperson Nygaard called the meeting to order at 8:00 a.m. Committee Members Present: Julie Baker-Planning Commission Representative, Richard Erhardt- Chairman of the Beach Preservation Committee, Julie Nygaard-retired City Councilwoman, Eric Larson-Executive Director of the San Diego County Farm Bureau, and Hope Wrisley-Community Leader. Committee Member Absent: Deborah Ruddock (non-voting member)-Project Manager for the California Coastal Conservancy, and Irv Rosten - Retired Staff Members Present: Elaine Blackburn, Senior Planner Approval of Minutes: By consensus, the Minutes of the Meeting of December 12, 2005, were approved as amended. At 8:03 a.m., the Committee reviewed and revised as necessary draft documents "A" through "K" (below) in preparation of first report to Council: A. Agenda Bill G. Grant Application Cover Sheet B. Council Resolution H. Grant Application Instructions Sheet C. Committee Operating Agreements & Procedures I. Grant Application Form D. Proposal Consideration Summary J. Grant Recipient Agreement Letter E. Proposal Solicitation Strategy K. Proposal Evaluation Form F. Proposal Evaluation Criteria The Committee members discussed Committee members' role(s) and whether project proposals would have to be located within the Coastal Zon§ or would simply need to benefit the Coastal Zone. PUBLIC COMMENT: Chairperson Julie Nygaard opened the meeting to public comment at 8:37a.m. Kasey Cinciarelli, 2727 Lyons Court, Carlsbad, offered a correction to the minutes regarding her address. She also offered comments regarding the role of the Committee members with regard to conflict of interest and stated her belief that the grant funds could be used to acquire open space outside of the Coastal Zone. Chairperson Julie Nygaard, closed the public comment period at 8:48 a.m. Chairperson Julie Nygaard adjourned the meeting at 8:51 a.m. RESPECTFULLY SUBMITTED: Carol A. Cruise, Minutes Clerk Page 1 Minutes of: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee Type of Meeting: ORGANIZATIONAL Time of Meeting: 9:00 A.M. Date of Meeting: December 12, 2005 Place of Meeting: FARADAY CENTER-ROOM 173-A MEETING MINUTES Chairperson Nygaard called the meeting to order at 9:00 a.m. Committee Members Present: Julie Baker-Planning Commission Representative, Richard Erhardt- Chairman of the Beach Preservation Committee, Julie Nygaard-retired City Councilwoman, Eric Larson-Executive Director of the San Diego County Farm Bureau, and Hope Wrisley-Community Leader. Committee Member Absent: Deborah Ruddock (non-voting member)-Project Manager for the California Coastal Conservancy, Ken Alfrey-Board Member of the Agua Hedionda Lagoon Foundation, and Irv Rosten - Retired Staff Members Present: Chris DeCerbo, Principal Planner; Elaine Blackburn, Senior Planner Approval of Minutes: By consensus, the Minutes of the Meeting of November 29, 2005, were approved as submitted. The following Draft Documents "A" through "K" were reviewed, discussed, and revised as necessary, in preparation of first report to Council: A. Agenda Bill G. Grant Application Cover Sheet B. Council Resolution H. Grant Application Instructions Sheet C. Committee Operating Agreements & Procedures I. Grant Application Form D. Proposal Consideration Summary J. Grant Recipient Agreement Letter E. Proposal Solicitation Strategy K. Proposal Evaluation Form F. Proposal Evaluation Criteria PUBLIC COMMENT: Chairperson Julie Nygaard, opened the Public Hearing at 9:41 a..m. Kasey Cinciarelli, 2727 Lyons Street, Carlsbad, spoke regarding the purchase and preservation of wild life habitat. She also asked questions regarding coastal zone boundaries and asked for a Coastal Zone Boundary Map. Ms. Blackburn responded to questions raised by Ms. Cinciarelli. Don Christianson, 3715 Longview Dr., Carlsbad, stated it was his understanding that a well funded developer had acquired an option to purchase the old quarry land and asked who he could contact in an attempt to preserve that land as open space. Chairperson Nygaard referred him to the Buena Vista Lagoon Foundation. Chairperson Julie Nygaard, closed the Public Hearing at 9:50 a.m. By consensus, the agenda for the next meeting of this committee on January 17,2006, at 8:00 a.m., was set. Chairperson Julie Nygaard adjourned the meeting at 9:52 a.m. RESPECTFULLY SUBMITTED: Carol A. Cruise, Minutes Clerk CHARTED NOTES City of Carlsbad AGRICULTURAL CONVERSION MITIGATION FEES AD Hoc CITIZENS ADVISORY COMMITTEE DECEMBER 12,2005 Rational for Philosophy on Topic of "Equitable" The Committee's decision with respect to the topic of "equity" in the distribution of funds reflects the following considerations: • The Committee may not receive meritorious proposals in all four categories • The Committee may not receive proposals requesting equal amounts in each of the four categories • The relative merit of proposals submitted may dictate recommending approval of funding in amounts that are not equivalent in each category. Page 1 Minutes of: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee Type of Meeting: ORGANIZATIONAL Time of Meeting: 1:00 P.M. Date of Meeting: November 29, 2005 Place of Meeting: FARADAY CENTER-ROOM 173-A MEETING MINUTES Chairperson Nygaard called the meeting to order at 1:03 p.m. Committee Members Present: Julie Baker-Planning Commission Representative, Richard Erhardt- Chairman of the Beach Preservation Committee, Julie Nygaard-retired City Councilwoman, Eric Larson-Executive Director of the San Diego County Farm Bureau, Ken Alfrey-Board Member of the Agua Hedionda Lagoon Foundation, and Hope Wrisley-Community Leader. Committee Member Absent: Deborah Ruddock (non-voting member)-Project Manager for the California Coastal Conservancy and Irv Rosten - Retired Staff Members Present: Chris DeCerbo, Principal Planner Elaine Blackburn, Senior Planner Approval of Minutes: By consensus, the Minutes of the Meeting of October 31, 2005, were approved as submitted. The following Draft Documents were reviewed and discussed: Draft Proposal Solicitation Strategy Draft Proposal Consideration Summary The "Parking Lot" from Charted Notes or 8-31-05 Meetings Schedule and Possible Future Meeting Dates Grant Funding Agreement Grant Application Instructions and Grant Application Grants Solicitation Notification Draft Proposal Solicitation Strategy PUBLIC COMMENT: Chairperson Julie Nygaard, opened the Public Hearing at 2:27 p..m. Diane Nygaard, 5020 Night Hawk Way, Oceanside, representing Preserve Calavera, suggested several approaches to the grant process. Chairperson Julie Nygaard, closed the Public Hearing at 2:32 p.m. By consensus, the agenda for the next meeting of this committee on December 12, 2005, at 8:00 a.m., was set. Chairperson Julie Nygaard adjourned the meeting at 2:33 p.m. RESPECTFULLY SUBMITTED: Carol A. Cruise, Minutes Clerk Page 1 Minutes of: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee Type of Meeting: ORGANIZATIONAL Time of Meeting: 1:00 P.M. Date of Meeting: October 31, 2005 Place of Meeting: FARADAY CENTER-ROOM 173-A MEETING MINUTES Chairperson Nygaard called the meeting to order at 1:00 p.m. Committee Members Present: Irv Rosten - Retired, Julie Baker-Planning Commission Representative, Richard Erhardt-Chairman of the Beach Preservation Committee, Julie Nygaard-retired City Councilwoman, Eric Larson-Executive Director of the San Diego County Farm Bureau, Ken Alfrey-Board Member of the Agua Hedionda Lagoon Foundation, and Hope Wrisley-Community Leader. Committee Member Absent: Deborah Ruddock (non-voting member)-Project Manager for the California Coastal Conservancy, Staff Members Present: Chris DeCerbo, Principal Planner Elaine Blackburn, Senior Planner Approval of Minutes: By consensus, the Minutes of the Meeting of October 4, 2005, were approved as submitted. At 1:07 p.m., the committee took thirteen (13) minutes to review the following Draft Documents: 1. Grant Application Instructions Sheet 2. Grant Application Forms 3. Grant Project Evaluation Criteria 4. Committee Operational Procedures Discussion of the Draft Documents, Project Solicitation Strategy, and a re-visit to the "Road Map" followed and is outlined in Mr. Boylan's Charted Notes (attached). The Committee also discussed the term "equitable" as it relates to distribution of the grant funds. Recess: 2:10 p.m. Meeting resumed: 2:15 p.m. Discussions resumed. Following the discussion of the above topics, future meeting dates and times were discussed with tentative dates decided upon. PUBLIC COMMENT: Chairperson Julie Nygaard, opened the Public Hearing. Having received no requests to speak, from the public, Public Comment was closed. By consensus, the agenda for the next meeting of this committee on November 15,2005, at 1:00 p.m., was set. Chairperson Julie Nygaard adjourned the meeting at 3:21 p.m. RESPECTFULLY SUBMITTED: Carol A. Cruise, Minutes Clerk CHARTED NOTES City of Carlsbad AGRICULTURAL CONVERSION MITIGATION FEES AD Hoc CITIZENS ADVISORY COMMITTEE October 31,2005 Additions to Operating Procedures • Make application available via the City website BUT only via a request that must be responded to by a staff member (in order to know who/how many are requesting apps) Solicitation Strategy • Make PR tactics Phase I o Editorial Boards o News Releases & Press Conference(?) o OpEd • Direct Mail - Phase II • Paid advertising - last resort Application a Add "if applicable" (or words to that effect) to page 3, Finance Section #11 a Add "You may be asked to make a presentation" a Add legal notice re ownership of documents (ask for City Attorney input) a Use the same application for ALL applicants a Add a $2,500 minimum request to instructions a No maximum request amount will be established at this time a Defer question of whether or not to create a small, semi-separate fund for small requests until first round of applications are received Questions Asked & Answered a Is interest accruing on these funds while they're waiting for expenditure? Yes. a Do the committee's expenses (meeting, solicitation, etc.) come out of the fund balance? Yes. Page 1 Minutes of: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee Type of Meeting: ORGANIZATIONAL Time of Meeting: 9:00 A.M. Date of Meeting: October 4, 2005 Place of Meeting: FARADAY CENTER-ROOM 173-A MEETING MINUTES Chairperson Nygaard called the meeting to order at 9:00 a.m. Committee Members Present: Irv Rosten - Retired, Julie Baker-Planning Commission Representative, Richard Erhardt-Chairman of the Beach Preservation Committee, Julie Nygaard-retired City Councilwoman, Eric Larson-Executive Director of the San Diego County Farm Bureau, Ken Alfrey-Board Member of the Agua Hedionda Lagoon Foundation, Hope Wrisley-Community Leader, and Deborah Ruddock (non-voting member)-Project Manager for the California Coastal Conservancy, Staff Members Present: Chris DeCerbo, Principal Planner Elaine Blackburn, Senior Planner Approval of Minutes: Referring to Page 2, Paragraph 4, Line 2, the words,".. .have not been cultivated ..." have been revised to read, "... are not being cultivated .H A motion was made, and seconded, to accept the Minutes of the meeting of September 26, 2005, as revised. By consensus, the minutes were approved as revised. Facilitator, Jim Boylan requested any additions or corrections to the materials discussed at the last meeting. None were offered and Mr. Boylan proceeded to guide the committee in further discussions of the committee's goals and criteria for Project Evaluation and Applications Forms and Submittal Requirements for Project Proposals. A short recess was called to enable all the committee members to read the Draft Application in it's entirety. Recess: 9:28 a.m. Meeting resumed: 9:35 a.m. Discussions resumed and several topics, within the Draft Application, were discussed. Recess: 10:08 a.m. Meeting resumed: 10:15 a.m. Page 2 Minutes of: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee Type of Meeting: ORGANIZATIONAL Time of Meeting: 9:00 A.M. Date of Meeting: October 4, 2005 Place of Meeting: FARADAY CENTER-ROOM 173-A Note: Mr. Boylan 's "Charted Notes", listing all of the topics and discussions results, are attached to these minutes. After a lengthy and detailed discussion regarding the content of the application form, numerous changes to the Draft Application form were suggested and consensus reached. Staff will follow up by making all corrections and additions to the form and distribute them to each committee member at the next meeting on October 31, 2005. Also discussed was the length of future meetings. It was determined that a two hour meeting, without any breaks, will usually be more than adequate to accomplish the tasks of this committee. PUBLIC COMMENT: Chairperson Julie Nygaard, opened the Public Hearing. Having received no requests to speak, from the public, Public Comment was closed. By consensus, the agenda for the next meeting of this committee on October 4,2005, at 9:00 a.m., was set. Chairperson Julie Nygaard adjourned the meeting at 11:10 a.m. RESPECTFULLY SUBMITTED: Carol A. Cruise, Minutes Clerk CHARTED NOTES City of Carlsbad AGRICULTURAL CONVERSION MITIGATION FEES AD Hoc CITIZENS ADVISORY COMMITTEE October 4, 2005 PARKING LOT • Timeframe for use of funds (i.e. should all available funds be expended immediately?) • Terms of the grant o Length of time to expend funds o Permit contingencies o Performance Milestones/Timetable o Other? • Small projects fund (potentially separate application process) • Define performance expectations for the Committee TOPICS DISCUSSED/AGREEMENTS REACHED Instructions for applicants should stress a Applications must adhere to/ conform with the Charge of the Committee (i.e. involve one of the four eligible uses) a Proposals should benefit maximum number of people possible a Proposals must demonstrate a line-of-sight relationship to concrete outcomes a Application must provide detail on the geographic area to be impacted by the project and how the project will benefit the people of Carlsbad Should the application express a preference for proposals with matching funds? NO. Resolution: use language included in the first draft of the application prepared by staff. Different application forms for individuals and organizations "Exit Strategy" for the City in the event of grantee non-performance: derive from timeline and benchmarks in application; notice of consequences for not achieving performance milestones included in application. Page 7 of the application should use same descriptive language found on page 2. Guiding principle for the application: include (standardized) questions that will enable straightforward apple-to-apple comparisons among competing proposals. Page 1 Minutes of: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee Type of Meeting: ORGANIZATIONAL Time of Meeting: 9:00 A.M. Date of Meeting: September 26, 2005 Place of Meeting: FARADAY CENTER-ROOM 173-A MEETING MINUTES Chairperson Nygaard called the meeting to order at 9:00 a.m. Committee Members Present: Irv Roston - Retired, Julie Baker-Planning Commission Representative, Richard Erhardt-Chairman of the Beach Preservation Committee, Julie Nygaard-retired City Councilwoman, Eric Larson-Executive Director of the San Diego County Farm Bureau, Ken Alfrey-Board Member of the Agua Hedionda Lagoon Foundation and Hope Wrisley-Community Leader. Committee Members Absent: Deborah Ruddock (non-voting member)-Project Manager for the California Coastal Conservancy, Staff Members Present: Chris DeCerbo, Principal Planner Elaine Blackburn, Senior Planner Approval of Minutes: Referring to Page 2, Line 1, Chairperson Nygaard, suggested that the word "by" be replaced with the word "through" and to read as follows: "... should be requested through the Chair." A motion was made and seconded to accept the Minutes of the meeting of September 19, 2005, as revised. By consensus, the minutes were approved as revised. Facilitator, Jim Boylan requested any additions or corrections to the materials discussed at the last meeting. None were offered and Mr. Boylan proceeded to guide the committee in further discussion of the committee's structure, criteria, and objectives. Projects and on-going programs, as well as certain types of organizations (non-profit vs. for profit), were defined and discussed. The topic of "matching funds" was also discussed as a potential criteria. It was agreed that at this time no project or program types would be categorically excluded from applying for grants. All applications will be carefully reviewed for qualifying criteria. It was also agreed that a variety of applications (loan, grant, etc.) should be considered, particularly when it comes to matching funds. Loans (if applicable) would be interest free. Proposals cannot be solicited until all the infrastructure (criteria, application forms, etc.,) have been finalized and approved by Council. The committee members also voiced their preference that grants be awarded to those projects/programs that will afford long term benefits for the most Carlsbad Citizens. After a somewhat lengthy discussion, members agreed on some of the "application requirements" as listed below: 1. A clear description of the applicant's organization. 2. A clear description of the benefits (long term or short term) and beneficiaries 3. Applicant will be required to provide all copies (12) for distribution to committee members and staff. 4. The program/project description must be kept to three (3) pages or less, plus attachments. 5. A one (1) page Executive Summary will be required. Page 2 Minutes of: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee Type of Meeting: ORGANIZATIONAL Time of Meeting: 9:00 A.M. Date of Meeting: September 26, 2005 Place of Meeting: FARADAY CENTER-ROOM 173-A Also discussed was the question of flexibility in choosing the recipients of grants. Because it is not known at this time what types of requests will be submitted, it was agreed that the committee should remain flexible and open in their deliberations. The Committee discussed a number of options regarding how the money would be recommended for spending, including: spending all of the money as available, retaining some funds for later spending, the potential for creating endowments; and other possibilities. Ms. Blackburn referred the Committee back to the City Council Agenda Bill and Resolution regarding the charge of the Committee. Ms Blackburn pointed out that the these documents refer to the expected disbursement of the approximately $9,000,000 during the Committees' four year life. At the end of the four years, the committee will "sunset", unless the City Council resolves to renew the mandate and the membership appointments. Member Baker stated that the Charges also state that the intent of this committee is not to establish priorities for Program use, but rather to promote equitable distribution amongst the allowable uses as outlined in that document. Member Roston pointed out that the available agriculture lands, in Carlsbad, have all been spoken for even though some of them are not being cultivated at this time. Member Baker concurred. By consensus, the word loans was removed from the guidelines, leaving only grants and matching funds to be considered. It was also discussed, and agreed, that there would be progress tracking and identification and follow-up reporting, by the applicant, to the committee. Also, it is expected that the applications will give the committee benchmarks that can be followed and reported upon and the funds then released depending on the benchmarks. Member Baker asked Ms. Blackburn and Mr. DeCerbo, if they expect to see a finance administrator to oversee the grants, once they are awarded. Ms. Blackburn replied that the disbursal of the funds would likely be directly from the Finance Department. Kevin Branca, Assistant Direcor of the Finance Department stated that his department would not be in a position to determine if all the requirements or project benchmarks had been met if the benchmarks were subjective. Some possible benchmarks and time lines were discussed as well as the desire for accountability in the distribution of funds. Member Larson stated that it is reasonable for the committee to expect, and receive, reports on how the grant monies were being spent by the applicant. However, he stated that the Committee should not be the body to administer the grant monies. Agreeing with a statement by Member Roston, Member Erhardt stated that it will not be difficult to determine whether or not a grant recipient has actually spent the money as agreed, by simply visiting the properties. Member Roston asked how project proposals will be solicited. Ms. Blackburn explained that that decision is up to the Committee. The Committee has to make a report to Council about how the award decisions will be made and how projects will be solicited. When the Council has approved of that process(es) and the Committee has a final application form ready to distribute, the grant solicitations will begin. The method of alerting the community that the agricultural grants are available will be by methods agreed upon by the PageS Minutes of: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee Type of Meeting: ORGANIZATIONAL Time of Meeting: 9:00 A.M. Date of Meeting: September 26, 2005 Place of Meeting: FARADAY CENTER-ROOM 173-A Committee and approved by Council. Some suggestions were the City's web page, the newspaper, some type of mailer (public notice), cable TV, etc. Recess: 10:14 a.m. Meeting resumed: 10:21 a.m. There was discussion about how the application would take form and it was suggested that the committee examine the Community Activity grant form as a template for the Ag Committee form and then use the CDBG form for supplemental information. The committee reviewed, step by step, both forms and began the process of selecting which questions should be on the Ag application. It was also agreed that if anyone has the opportunity to look over other applications, and should they find something they think might be worthwhile adding to the Ag application, they should bring them to the next meeting for discussion. Ms. Blackburn suggested that staff prepare a rough draft version of an application form, based upon the comments already made, and bring that rough draft to the next meeting for review and discussion. PUBLIC COMMENT: Chairperson Julie Nygaard, opened the Public Hearing. Having received no requests to speak, from the public, Public Comment was closed. By consensus, the agenda for the next meeting of this committee on October 4,2005, at 9:00 a.m., was set. Chairperson Julie Nygaard adjourned the meeting at 11:10 a.m. RESPECTFULLY SUBMITTED: Carol A. Cruise, Minutes Clerk CHARTED NOTES City of Carlsbad AGRICULTURAL CONVERSION MITIGATION FEES AD Hoc CITIZENS ADVISORY COMMITTEE September 26,2005 APPLICATION REQUIREMENTS DISCUSSION Application needs to require • Clear description of the applicant organization • Clear description of the benefits and beneficiaries or the project/program • Maximum 3-page program/project description AND • One-page executive summary • Accountability plan - report back to committee (annual?) TOPICS DISCUSSED/AGREEMENTS REACHED The Committee will consider a Projects AND ongoing programs a Proposals from all types of organizations a Grants - outright and/or matching - but not loans a Projects/programs with long-term benefits for most citizens possible preferred Process Evaluation/Refinement Concept • Annual re-evaluation of the entire fund granting process Page 1 Minutes of: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee Type of Meeting: ORGANIZATIONAL Time of Meeting: 9:00 A.M. Date of Meeting: September 19, 2005 Place of Meeting: FARADAY CENTER-ROOM 173-A MEETING MINUTES Chairperson Nygaard called the meeting to order at 9:00 a.m. Committee Members Present: Irv Roston - Retired, Julie Baker-Planning Commission Representative, Richard Erhardt-Chairman of the Beach Preservation Committee, Julie Nygaard-retired City Councilwoman, Eric Larson-Executive Director of the San Diego County Farm Bureau, Ken Alfrey-Board Member of the Agua Hedionda Lagoon Foundation and Hope Wrisley-Community Leader. Committee Members Absent: Deborah Ruddock (non-voting member)-Project Manager for the California Coastal Conservancy, Staff Members Present: Chris DeCerbo, Principal Planner Elaine Blackburn, Senior Planner Approval of Minutes: It was moved and seconded to accept the Minutes of the meeting of August 30, 2005, and by consensus, the minutes were approved as submitted. The committee discussed a number of agricultural related issues, such as how much agricultural land is still available in the City of Carlsbad, the location of those lands, and the various ways grants could be used to further their existence. Facilitator Jim Boylan reviewed the agreements reached at the last meeting and summarized the key points regarding the building of a solid framework, within which this committee will operate: The amount of funds currently available is approximately $6,000,000.00 and Staff is going to update the forecast for what development will produce additional funding over the period of "build-out." • The equitable consideration of all applicable categories within the scope of this committee. Defining the term "equitable", in terms of the charge of this committee. • Deliver clear and coherent messages when soliciting grant applications. AGREEMENTS/OPERATING PROCEDURES Role of Committee Members: Member Wrisley asked for a discussion regarding recusal. After a brief discussion, it was agreed that disclosure, rather than recusal, would be satisfactory. It was also agreed that a speaker's time could be extended beyond the three minute time allowance, at the discretion of the Chair. For clarification, Ms. Blackburn assured the committee that City Staff is available to assist them in any way they can. Typically, any time any member of a City committee requests information or materials, staff makes every attempt to provide the information in a timely manner. As a matter of policy, staff will also ensure that all information or materials requested by and provided to one member will be provided to all members. An agreement was reached that any such requests for information or materials by a committee member should be requested through the Chair. Page 2 Minutes of: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee Type of Meeting: ORGANIZATIONAL Time of Meeting: 9:00 A.M. Date of Meeting: September 19, 2005 Place of Meeting: FARADAY CENTER-ROOM 173-A It was also agreed that one of the elements to be included in the structure of this committee, is to make certain that there is room for project applicants.who may have fewer formal resources for proposal preparations than more formally organized groups and to provide adequate guidance for them through the application process. COMMITTEE ROAD MAP Charge of the COMMITTEE Promote equitable distribution of the funds among the four categories of the "Charge Of The Committee." Preserve a portion of the available funds for future grants in the years to come. Request a projection, by Staff, of the lands that will be converted over the next few years, and the money that will be coming to the Committee to distribute. Brainstorming: Ideas Every idea is worth hearing. Be creative, not judgmental. What is the committee looking for from applicants? This process can only be changed before the committee begins its tasks. • The creation of an application form. Ideas will come from existing documents and will be discussed and approved at a future date. Goals: "Bang for the buck." Magnify the benefits - Find ways to preserve funding for future applicants • Investing versus spending - Possible creation of trust fund/endowment. There is currently a finite amount of grant money available. • Exercise creativity Ensure that funds are used for projects that would not otherwise receive funding or not receive timely funding. Seek partners (matching funds). Seek projects that will honor Carlsbad's history. Do not overlook Acquaculture and related Ag-tourism and eco-tourism. Seek projects that will create multiple impacts. Seek projects that will create lasting benefits for Carlsbad. Establish the committee's flexibility (flexible framework) Recess: 10:04 a.m. Meeting resumed: 10:10 a.m. CRITERIA FOR PROJECT EVALUATION PageS Minutes of: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee Type of Meeting: ORGANIZATIONAL Time of Meeting: 9:00 A.M. Date of Meeting: September 19, 2005 Place of Meeting: FARADAY CENTER-ROOM 173-A Criteria: Evidence that applicants can do what is proposed Identify tracking measures Benefits must be defined and must have a lasting benefit to the citizens of Carlsbad. Identify weighting factors Matching funds (or other resources) preference Multiplier effects Evidence of applicant's prior fund seeking efforts and the results, whether positive or negative Require proof that project can be permitted and accomplished Require a detailed Financial Plan along with a detailed budget for the project Require a listing of person(s) operating the applicant's organization Require a statement regarding the number of people that will be positively impacted Require a complete history of the applicant's organization Establish applicant categories and different standards, as well as minimum and maximum grants. Encourage applicants to use the City Staff as contact(s) for information and assistance regarding their applications Encourage applicants to attend informational workshops (put on by staff) on application preparation or seek method(s) of alternative information gathering Require a paper review as an alternative to presentations Possibility of the formation of a sub-committee to screen applications Require concise application forms Establish a fund for small projects (under $100.00 - $200.00?) Establish fiduciary responsibilities of applicants Follow-up: Staff to obtain application forms for review Housing and Redevelopment Department (CDBG) - Frank Boensch Community Activities Grants - Cheryl Gerhardt PUBLIC COMMENT: Chairperson Julie Nygaard, opened the Public Hearing. Having received no requests to speak, from the public, Public Comment was closed. Chairperson Julie Nygaard adjourned the meeting at 11:49 a.m. RESPECTFULLY SUBMITTED: Carol A. Cruise, Minutes Clerk CHARTED NOTES City of Carlsbad AGRICULTURAL CONVERSION MITIGATION FEES AD Hoc CITIZENS ADVISORY COMMITTEE September 19, 2005 FOLLOW-UP ITEMS • Staff will obtain sample application forms from Frank Boensch (HRED) and Cheryl Gerhardt (Finance) • Staff will seek an update of the forecast for future agricultural mitigation revenue • Committee members will forward to Elaine any application forms to which they have access • Committee members will review and reflect on the charted notes regarding Goals and Proposal Evaluation Criteria before the next meeting (Monday, September 26) • Facilitator will provide members with copies of information obtained through the San Diego Foundation ("Panning for Gold") NEW AGREEMENTS Additions to Committee's Ground Rules a We will disclose our "special interests" to one another as appropriate to topics under discussion. a All member requests for information from staff not rendered during the meeting will be routed through the chairperson a Speak up in order to be heard a Speak up (or signal) if you did not hear clearly something that was said. Clarification of Operating Procedure • The public comment time limitation of three minutes per speaker may be extended at the discretion of the chairperson. QFpADWfifPBRAiNulUKJUJw GUIDELINES • Every idea is worth hearing! . • "Create"not "evaluate" (There's time for the latter later.) • We can change this process... but NOT once it's begun! BRAINSTORMING COMMITTEE GOALS • Create resource in perpetuity via placing funds in trust (endowments) • Lasting benefits for the City of Carlsbad • Make "room in the process" all to participate • Create a flexible framework within which the committee can work CHARTED NOTES - AGRICULTURAL CONVERSION MITIGATION FEES AD Hoc CITIZENS ADVISORY COMMITTEE September 19.2005 BRAEVSTORMING COMMITTEE GOALS continued • "Bank for the Buck" o "Invest" versus "spend" o "Bowling Ball" projects - multiple impacts o Magnify benefits as much as possible • Exercise creativity - be open to novel ideas • Ensure funds are used for projects that would not otherwise have funding or whose funding is not available until the distant future • Seek "partners" • Give special consideration to projects that honor the history of Carlsbad • Remember aquaculture is a permitted use of funds o Eco-tourism o Agri-tourism (e.g. The Flower Fields) BRAINSTORMING PROPOSAL EVALUATION CRITERIA • Proposal contains evidence that applicants can do what is proposed • Progress tracking measures are identified • Benefits are defined and must accrue to citizens of Carlsbad • Weighting factors? • Matching funds (or other resources) preferred • Evidence of "multiplier effects" • Prior fund solicitation efforts • Attendance at a proposal preparation workshop (or equivalent preparatory step) • Concise application forms • Proposal review: exclusively paper process or include presentation opportunities? • Proposal specifies whom will have fiduciary responsibility for funds awarded • Should there be fund for small projects (i.e. $100 or less)? • Proposal includes proof that the project can be done (permitted) • Detailed financial plan and budget for the project • Listing of people leading the applicant organization • Number of people to be positively impacted by completion of the project • History of applicant organization • Consider establishing different categories (i.e. small scale/large scale) with differing application requirements • Should the committee establish minimum application amounts? Maximums? MISCELLANEOUS NOTES/PARKING LOT • Should there be a policy of "Hold Backs" - reserving some funds for some future, at present unidentified use? • Establish City staff contact(s) for applicant info/assistance Page 1 Minutes of: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee Type of Meeting: ORGANIZATIONAL Time of Meeting: 9:30 A.M. Date of Meeting: August 30, 2005 Place of Meeting: DOVE LIBRARY- MEETING ROOM MEETING MINUTES Committee Members Present: Deborah Ruddock(non-voting member)-Project ManagerfortheCalifornia Coastal Conservancy, Irv Rosten - Retired, Julie Baker - Planning Commission Representative, Richard Erhardt - Chairman of the Beach Preservation Committee, Julie Nygaard - retired City Councilwoman, Eric Larson-Executive Director of the San Diego County Farm Bureau, Ken Alfrey-Board Member of the Agua Hedionda Lagoon Foundation and Hope Wrisley - Community Leader. Staff Members Present: Jane Mobaldi, Assistant City Attorney Chris DeCerbo, Principal Planner Elaine Blackburn, Senior Planner Sandy Holder introduced Facilitator, Jim Boylan, from Pathfinder's Inc. Mr. Boylan requested that each member of the committee introduce themselves after which he presented an overview of the plan for the formation and implementation of this committee. The following are Mr. Boylan's "Charted Notes": 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 Decision-making Process • Plan A: Consensus • 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 Page 2 Minutes of: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee Type of Meeting: ORGANIZATIONAL Time of Meeting: 9:30 A.M. Date of Meeting: August 30, 2005 Place of Meeting: DOVE LIBRARY- MEETING ROOM • 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) Next Meeting Agenda • Define committee operating policies and procedures • Establish the framework (protocols, criteria, etc.) the committee will use to: o Communicate the availability of funds and solicit proposals for their use o Review and evaluate proposals submitted o Make recommendations to Council Background and History Michael Holzmiller - Retired Planning Director, presented the history of the Agricultural Conversion Mitigation Fee Program as follows: This program began in 1981 and has a very complicated background, but explaining the background will provide a better focus on the present program and what this committee will be looking at in the future with regard to the projects and uses that are eligible to be considered for funding under this program. The foundation for this fee program came out of a fundamental disagreement between the City and the Coastal Commission regarding agricultural land in the City and the permanent use of property in Carlsbad for agricultural use. The Coastal Commission's position was that there were agricultural operations (agricultural lands in the City) and they felt that those should be a permanent land use. Also, they felt that the property owners should be required to keep that land as agricultural, in perpetuity. The City's position, however, was that, because agriculture is a part of Carlsbad's history, it was a good thing to have but that it was only a temporary use and eventually (when agriculture is no longer economically feasible for the farmers or property owners) those lands could be changed to allow another permanent use, per the City's General Plan, such as residential, commercial, industrial, etc. There were a couple of other issues, in terms of disagreements over land use in the City, but the disagreement over the agricultural land was the major one. This disagreement led to the City's refusal to prepare a Local Coastal Program. When the City refused to prepare the Local Coastal Program, and because of the earlier disagreements, the Coastal Commission prepared coastal plans for the City. There was land that was actually designated for permanent agriculture in our original Coastal Plan prepared by the Coastal Commission. In about 1981, there was a compromise reached, between the Coastal Commission and the City of Carlsbad, and the first program (the Agricultural Subsidy Program) was established. This program provided that if the land owners wanted to remove these lands from their permanent agriculture designation, those owners would have to pay a subsidy and that fee would be used either to acquire other agricultural lands (in Carlsbad or elsewhere in the Coastal Zone in the State of California), or the money could be used for enhancement of existing agricultural operations in the City. The subsidies could range from research for continuing agriculture, irrigation improvements, etc. That program was the initial Ag Mitigation Fee Program for the City of Carlsbad. There were lands that started paying that money and the money was administered by the Resource Conservation District of San Diego County, located Page 3 Minutes of: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee Type of Meeting: ORGANIZATIONAL Time of Meeting: 9:30 A.M. Date of Meeting: August 30, 2005 Place of Meeting: DOVE LIBRARY- MEETING ROOM in Escondido. They received requests for grants and they then decided which projects received the funding. Following numerous discussions regarding the Ag Subsidy Program and the fact that funding was only available to agricultural projects, there was a bill passed by the State Legislature in 1984, that terminated the Ag Subsidy Program and replaced it with the Statutory Agricultural Mitigation Fee Program (PRC 30171.5). The remaining funds in the Ag Subsidy Program have now been exhausted. One of the projects that was funded from the Ag Subsidy Program was the construction of the Floral Trade Center on Avenida Encinas. The new fee program was a state mandated program, adopted by the State, that the Carlsbad City Council was required to accept. Where the original Ag Subsidy Program had a total agricultural focus, this new statutory fee program changed the focus to a totally environmental focus. Consequently, the projects that were eligible under this Statutory Ag Fee Program, had to be environmental projects. The projects were reviewed in order of priority and Batiquitos Lagoon was the first priority. Beach access was on the priorities list, along with other types of projects, but they were all environmentally oriented. The program also said that 50% of the funds had to be used for the first priority (Batiquitos Lagoon). The Statutory Ag Fee Program only applied to Ag lands that were adjacent to Batiquitos Lagoon, so it made some sense that 50% of the money would be for the Batiquitos Lagoon and therefore the first priority. The money was coming from agricultural land conversions that were adjacent to the lagoon. Those adjacent lands were called the West and East Batiquitos segments of the Coastal Plan and are the areas where Aviara, Green Valley, and the Poinsettia projects now exist. That program was administered by the Coastal Conservancy. It is believed that there is still some money remaining in that fund and, when it is used, it will be required to be used according to the priorities. There was also a gap because there was other agricultural land, in Carlsbad, that wasn't part of those properties next to the Batiquitos Lagoon. In 1985, to take care of that gap, the City created it's City Ag Mitigation Fee Program in addition to the State program. At this point there is both a State Mitigation Program, with it's total environmental focus, and a City program. The City program applied to all the other lands (basically called the Mello I and Mello II segments of the Coastal Plan) in the Coastal Zone, that were out of the East and West Batiquitos Lagoon segments. The City program was fashioned after the State program but it had two major differences. The first is that the 50% allocation to Batiquitos Lagoon has been eliminated and the second (important for the program now in existence) added an agricultural component back into it, allowing projects that are not entirely environmental to be funded out of it, since there was a category of projects that were agriculture. It still had the priority list and Bataquitos was the first priority but agriculture was a component (there were agricultural projects that could be added and be eligible) and was placed fourth or fifth on the priority list. It was specified in the City program that the Coastal Conservancy would continue to administer it. Even though there were two programs (State and City) all of the funds that were paid into both of them were put into the same account and were co-mingled at the State level, even though they had different priorities and projects and what the money could be spent on. Jumping ahead a bit, in 1997, the City Council asked the Coastal Conservancy to un-co-mingle those funds, and to separate them and take the funds that were paid under the City program and allow the City to take over that money and to administer the program itself. The Coastal Conservancy agreed with the City's proposal and subsequently the money that had been paid into the City program was transferred over to the City. There was an amendment to the State program in 1996 which stated that all of the Ag Mitigation Fees ($935,000) that were paid by the Carlsbad Ranch Project (Legoland and the Carlsbad Company Stores), would go into a new, special account that could only be used to fund projects that benefit the preservation of the Flower Fields. When approving the Carlsbad Ranch and Lego projects, they were each conditioned to require the property owners to preserve the Flower Fields, in perpetuity. The idea was to set aside this money so it was put in an endowment fund (an interest bearing account) where none of the $935,000 could be used, but the interest that was earned on that money would be used to fund projects that benefit the long term preservation of the Flower Fields. That program is administered by the City and every year the City takes the Page 4 Minutes of: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee Type of Meeting: ORGANIZATIONAL Time of Meeting: 9:30 A.M. Date of Meeting: August 30, 2005 Place of Meeting: DOVE LIBRARY- MEETING ROOM money gained from the interest and funds programs (give grants) to research projects that are involved with trying to keep the Flower Fields in place for as long as possible. This program has been functioning for three to four years now, and most of the things that have been funded have been research projects, an example of which is the attempt to get two growing seasons for Ranunculus rather than only one (two blooming seasons). In response to a question from Irv Rosten: When the Carlsbad Ranch project was approved, the Council conditioned it to keep the Flower Fields in perpetuity. The way it is set up is, "if for any reason they believe that economically they can no longer keep the Flower Fields in production, they must give the City a three (3) year notice of their intent." The City will then take approximately $1,000,000 and have the right to acquire the Flower Fields then arrange to keep them in production. The 55-acre area of the Flower Fields, closest to Palomar Airport Road and Paseo Del Norte are identified as the production area and the northern most area is used for research. There was a Local Coastal Plan Amendment, in 2004, formally designating the City as the administrator of the Local Program. This is the City fee program that is now in place. It removed the specific mention of Batiquitos Lagoon and opened the program to the other lagoons to seek funding. The previous City program only listed Buena Vista Lagoon Nature Center as an eligible project so it eliminated the specific reference to Buena Vista. It took away the priority system and more specifically included agriculture as an eligible use and that the agricultural component could specifically include farm worker housing. Prior to this amendment, the issue of farm worker housing was open to interpretation as to whether it qualified under the agricultural designated use of the funds. The State Program still has money which can still be applied for. It is unknown exactly how much is still available. Deborah Ruddick stated that the Statutory Fund has approximately 1.8 million dollars and the non-Batiquitos project portion of that account has been spent, so the remaining funds are for the Batiquitos Lagoon and adjacent lands. There is also the Carlsbad Agriculture Assistance Fund which has approximately $500,000 to $800,000 specifically for assisting projects supporting continued agriculture in the City of Carlsbad. Moving on to the "Charge" of the Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee, Mr. Holzmiller presented an outline and a brief explanation of the focus of this committee. The program is set up to promote the equitable distribution of funds, among the allowable uses outlined below. A. Natural Habitat - Projects relating to the lagoons, natural habitat anywhere in the Coastal Zone or around the city, including the possible acquisition of some habitat land. B. Agricultural projects that will enhance agriculture in the city, encourage continuation of existing agriculture, aqua-culture and farm worker housing. C. Beach access and beach enhancements and related uses. D. Nature Centers In response to a question regarding the acquisition of funding requests, Elaine Blackburn pointed out that the charge of this committee is a two step charge and explained as follows: 1. Get organized and determine how each proposal is going to be evaluated and report same to Council. 2. Solicit proposals, evaluate those proposals, and make recommendations for spending. Recess: 10:45 a.m. Page5 Minutes of: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee Type of Meeting: ORGANIZATIONAL Time of Meeting: 9:30 A.M. Date of Meeting: August 30, 2005 Place of Meeting: DOVE LIBRARY- MEETING ROOM Meeting resumed: 10:55 a.m. Assistant City Attorney, Jane Mobaldi outlined the procedure and requirements of conducting public meetings, receiving public input, and the necessity of Public Noticing prior to each meeting. She reminded the committee that they can respond to public questions at the end of the meeting, if they wish to do so. However, there can be no discussion or "action" on any item that was not on the agenda. She reminded them to always be aware of the Brown Act and to not discuss any issue(s) outside the scheduled meetings. She also explained some of the exceptions of the Brown Act. Mr. Boylan returned to his charted notes and asked Ms. Blackburn to explain what is expected of this committee, in terms of what they must accomplish and report to the City Council. Ms. Blackburn explained, as follows: This committee will go back to Council on two occasions, within the first year. 1st Council Mtg. Present a proposal of the rules and criteria for carrying out it's mandate. Council will agree or make suggestions for changes or additions. 2nd Council Mtg. Return with solicited proposals and make recommendations to Council for allocation of funds. Meeting dates were agreed upon for September, October, and November, 2005., at the Faraday Building, Meeting Room 173-A. Guidelines for public comment were discussed such as the flexibility regarding time allotted to speakers and when they will be allowed to speak during the meeting. ELECTION OF CHAIRPERSON: A motion was made and seconded to nominate Julie Nygaard for the position of Chairperson. A motion was made and seconded to nominate Eric Larson for the position of Chairperson. By consensus, Julie Nygaard was elected Chairperson of this committee. A motion was made and seconded to nominate Eric Larson for the position of Vice-Chairperson. By consensus, Eric Larson was elected Vice-Chairperson of this committee. PUBLIC COMMENT: Chairperson Julie Nygaard, opened the Public Hearing. Sue Reynolds, 1953 Dove Lane, Carlsbad, representing both the Community Housing Works and the Farm Workers Housing Coordinating Committee, stated (for informational purposes and Committee awareness) the Community Housing Works was funded to do a survey of farm worker's housing needs and submitted that report to the City Council, several years ago. More recently, the Farm Workers Housing Coordinating Committee, assembled a number of Carlsbad farm workers to get more informal input into more current housing needs and preferences. She suggested that Farm Worker's Housing and Habitat should be seriously Page 6 Minutes of: Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee Type of Meeting: ORGANIZATIONAL Time of Meeting: 9:30 A.M. Date of Meeting: August 30, 2005 Place of Meeting: DOVE LIBRARY- MEETING ROOM considered. Ms. Reynolds commended the Committee members for their expressed desire to move forward as expeditiously as possible, noting that time is of the essence, considering the rising costs of land and the potential for lost opportunities. Chairperson Julie Nygaard adjourned the meeting at 11:50 a.m. RESPECTFULLY SUBMITTED: Carol A. Cruise, Minutes Clerk CHARTED NOTES City of Carlsbad AGRICULTURAL CONVERSION MITIGATION FEES AD Hoc CITIZENS ADVISORY COMMITTEE August 30, 2005 AGREEMENTS Ground Rules a Remember that the Committee's work is a public process a Be present a Respect one another's opinions a Listen actively a Ask questions when you have them a Participate a Practice Skillful Conversation o Speak your mind Decision-making Process a Plan A: Consensus a 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 a 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. a Public comments will be limited to three minutes for each person, and 15 minutes for each topic D These guidelines will be adjusted as appropriate for different meeting purposes (e.g. grant proposal presentations) Next Meeting Agenda a Define committee operating policies and procedures a Establish the framework (protocols, criteria, etc.) the committee will use to o Communicate the availability of funds and solicit proposals for their use o Review and evaluate proposals submitted o Make recommendations to Council APPENDIX C CHARGE OF THE COMMITTEE CHARGE OF THE COMMITTEE PER LCPA 03-06(A)/ZCA 04-04(A) 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. 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. 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. APPENDIX D CITY COUNCIL AGENDA BILL NO. 18,231 & RESOLUTION No. 2005-242 CITY OF CARLSBAD - AGENDA BILL M •H C9 Q> W (U OJ •o WCO <s<fcs m 0.o•aa oa oo O AB# MTG. DEPT. 18.231 8/2/05 PLN TITLE: AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS' ADVISORY COMMITTEE DEPT. HD. M/L tfpT CITYATTY. HMJA^.^=» CITY MGR YT^- City Council considered and approved amendments to the Municipal Code incorporating the RECOMMENDED ACTION: 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 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: • One representative of lagoon interests • One representative of beach interests cs o2 e •H • One representative of agriculture interests ^ • Two citizens at large oCO 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. O § 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 OO 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 grants/expenditure 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 its members 2. Excerpt from Minutes of the City Council meeting of April 12, 2005 3. 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 4. Minutes of the City Council Workshop of July 20,2005. DEPARTMENT CONTACT: Dennis Turner, (760) 602-4609, dturn@ci.carlsbad.ca.us 1 RESOLUTION NO. 2005-242 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CREATING THE AGRICULTURAL 3 CONVERSION MITIGATION FEE AD HOC CITIZENS' ADVISORY COMMITTEE TO A FOUR YEAR LIFE TO MAKE 4 RECOMMENDATIONS TO THE CITY COUNCIL ON GRANT PROPOSALS FOR FUNDS FROM THE AGRICULTURAL 5 CONVERSION MITIGATION FEE FUND, APPOINTING MEMBERS TO SAID COMMITTEE FOR FOUR-YEAR TERMS, 6 AND APPROPRIATING OPERATING BUDGETS FROM THE AGRICULTURAL CONVERSION MITIGATION FEE FUND IN 7 THE AMOUNTS OF $5,000 FOR THE FIRST YEAR AND $3,000 EACH FOR THE SECOND THROUGH FOURTH YEARS OF THE 8 COMMITTEE'S LIFE 9 WHEREAS, the City Council of the City of Carlsbad has created the 10 Agricultural Conversion Mitigation Fee program and fund, through which coastal agriculture 11 land may be converted from agricultural land uses to urban uses upon the payment of an 12 agricultural conversion mitigation fee; and 13 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 16 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 18 Coastal Plan amendment LCPA 03-06 to implement the agricultural conversion mitigation 19 fee program, and adopted City Council Resolution No. 2004-227 and Ordinance NS-711 to 20 approve the amendments; and 21 WHEREAS, on January 13, 2005, the California Coastal Commission held a 22 duly-noticed public hearing as prescribed by law to consider the City's Local Coastal 23 Program Amendment, and approved it subject to the following modifications: distinguishing 24 the City's program from the state-administrated program, requiring a California Coastal 25 Conservancy staff member to be part of the Citizens' Advisory Committee, emphasizing the 26 restoration aspect of coastal and lagoon environments and sandy beaches, and promoting 27 agricultural lands and activities; and 28 1 WHEREAS, the City Council on April 12, 2005, held a duly noticed public 2 hearing as prescribed by law to consider the suggested modifications of the California 3 Coastal Commission and adopted Resolution 2005-105 and Ordinance No. NS 752 4 adopting said modifications; and 5 WHEREAS, at the April 12 public hearing the City Council also considered 6 staff recommendations regarding the establishment of an ad hoc Citizens' Advisory 7 Committee whose task would be to solicit proposals for use of the Fund and make 8 recommendations to the City Council with regard to those proposals; 9 NOW, THERFORE, the City Council of the City of Carlsbad does hereby 10 resolve as follows: 11 1. That the above recitations are true and correct. 1^ 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 lfi seven citizens of the City of Carlsbad, one member from the City Planning Commission and six members at large as follows: 17 1. Eric Larson 1R 2. IrvRoston 1B 3. KenAlfrey , g 4. Richard Erhardt 5. HopeWrisley 20 6. Julie Nygaard 7. Julie Baker (Planning Commissioner) 21 b. The Ad Hoc Committee shall exist for a period of four years, or until 22 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 23 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. 24 Committee members shall serve without compensation. c. Staff from the California Coastal Conservancy and the City of 25 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 26 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 27 and $3,000 for subsequent years is hereby appropriated from the Fund to support the work of the Ad Hoc Committee. 28 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 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; e. 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 seq.) 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. 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 NOES: None ABSENT: None Majpor ATTEST: LORRAINE M. WOOC, City Clen\ (SEAL) APPENDIX E CITY COUNCIL AGENDA BILL NO, 18,079 & RESOLUTION No. NS 752 CITY OF CARLSBAD — AGENDA BILL AB * 18,079 MTG. 4/19/05 DEPT. CLK TITLE-ADOPTION OF ORDINANCE IMPLEMENTING AGRICULTURAL MITIGATION FEE PROGRAM ZCA 04-04(A) w2! O•ato u§ O 8 RECOMMENDED ACTION: Adopt Ordinance No. NS-752, amending the Local Coastal Program and Title 21, Section 21.202.060 D of the Carlsbad Municipal Code to implement the City's Agricultural Mitigation Fee Program incorporating the California Coastal Commission's suggested modifications. ITEM EXPLANATION Ordinance No. NS-752 was introduced and first read at the City Council meeting held on April 12, 2005. The second reading allows the City Council to adopt the ordinance, which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted. Notwithstanding the preceding, this ordinance effectuates a Local Coastal Program Amendment, and shall not be effective in the Coastal Zone until it is approved by the California Coastal Commission. FISCAL IMPACT See Agenda Bill No. 18,067 on file with the City Clerk. CM EXHIBITS O * 1. Ordinance No. NS-752. CJ T3 ° DEPARTMENT CONTACT: Karen Kundtz (760) 434-2808,"OCO email: kkund@ci.carlsbad.ca.us 1 ORDINANCE NO. NS-752 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 3 OF CARLSBAD, CALIFORNIA, AMENDING THE LOCAL COASTAL PROGRAM AND TITLE 21 OF THE 4 MUNICIPAL CODE TO IMPLEMENT THE CITY'S AGRICULTURAL MITIGATION FEE PROGRAM 5 INCORPORATING THE CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS. 6 CASE NAME: AGRICULTURAL MITIGATION FEE PROGRAM 7 CASE NO.: ZCA Q4-04fAl 8 The City Council of the City of Carlsbad, California, does ordain as ^ follows: 10 WHEREAS, the Planning Commission on March 17, 2004, held a duly noticed public hearing as prescribed by law to consider Zone Code 12 Amendment ZCA 04-04 and Local Coastal Program Amendment LCPA 03-06 and 13 adopted Planning Commission Resolutions No. 5584 and 5585 recommending to 14 the City Council that they be approved; and 15 WHEREAS, the City Council on July 6, 2004, held a duly noticed 16 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 thelo ,g amendments; and 20 WHEREAS, the California Coastal Commission on January 13, 21 2005, held a duly noticed public hearing as prescribed by law to consider an 22 amendment to the Local Coastal Program and acted to certify the amendment 23 with suggested modifications. A strikeout version is attached as Attachment "A". 24 The City Council of the City of Carlsbad, California does hereby 25 resolve as follows: 26 Section I: That Section 21.202.060 D is amended to read as 27 follows: 28 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. 1 2 This fee is separate and distinct from the mitigation fee established by Section 301717.5 of the Public Resources Code, which applies to certain 3 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 4 has different expenditure priorities. 5 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. 6 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 7 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 8 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 9 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 12 develop policies or procedures for the review of requests and the allocation of funds. The allowable uses for the Agricultural Mitigation Fees are: 13 a) Restoration of the coastal and lagoon environment including but not 14 limited to acquisition, management and/or restoration involving wildlife habitat or open space preservation. 15 b) Purchase and improvement of agricultural lands for continued agricultural production, or for the provision of research activities or 16 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 20 beaches. d) Improvements to existing or proposed lagoon nature centers. 21 EFFECTIVE DATE: This ordinance shall be effective thirty days 22 after its adoption, and the City Clerk shall certify to the adoption of this ordinance 23 and cause it to be published at least once in a publication of general circulation in 24 the City of Carlsbad within fifteen days after its adoption. Notwithstanding the £*J „. preceding, this ordinance amendment effectuates a Local Coastal Program26 27 Amendment, and shall not be effective in the Coastal Zone until it is approved by the California Coastal Commission. -2- 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 INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City Council on 12th day of APRIL , 2005, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 19th day of April , 2005, by the following vote, to wit: AYES:Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None None CLAUDE A. LI ATTEST: (SEAL) -3- ATTACHMENT 'A" LCPA 03-06(A)/ZCA 04-04(A) - Agricultural Mitigation Fee Program Coastal Commission Modifications/Strikeout Version 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. This fee is separate and distinct from the mitigation fee established bv 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 bv 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, maintenance, management and/or restoration involving wildlife habitat or open space preservation. b) Purchase and improvement and/or maintenance 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 and maintenance of beaches for public use including but not limited to: local and regional sand replenishment programs, vertical and lateral beach access improvements, trails, roadways and other beach-related improvements that enhance accessibility, parking and/or public use of beaches. d) Improvements to existing or proposed lagoon nature centers. APPENDIX F AGRICULTURAL MITIGATION FEE PROGRAM HISTORICAL SUMMARY Agricultural Mitigation Fee Program - Historical Summary Agricultural Subsidy Program - Established in 1981(PRC 30171). Program ended by state legislation in 1984. Funds could only be used to subsidize improvements to agricultural operations. Administered by the Resource Conservation District. All funds have been expended and program does not exist anymore. Statutory Agricultural Mitigation Fee Program - Established by state legislation in 1984 (PRC 30171.5). Program replaced the Agricultural Subsidy Program. The program consisted of a priority-based list of allowed fund uses based entirely on environmental resource protection and improving coastal access. Agricultural-based uses of the funds was not specifically included on the list of eligible projects. Administered by the State Coastal Conservancy. Enhancement of Batiquitos Lagoon was the first priority and 50% of the funds had to be spent on Batiquitos Lagoon. Local Agricultural Mitigation Fee Program - Established by local (City Council) Legislation in 1985 by amendment of the city's Local Coastal Plan. It also was a priority- based program with Batiquitos Lagoon being the first priority, however, the requirement to use 50% of the funds on Batiquitos Lagoon was not included and an agricultural component was added to the list of projects eligible for funding. Administered by the Coastal Conservancy. In 1997, the city requested that the funds and the administration of the program be turned over to the city. The request was subsequently approved by the Conservancy. Amendment to Statutory Fee Program — Amendment made to PRC 30107 by state legislation in 1996. Allowed approximately $1 million of the funds in the statutory account to be transferred to a special account to be used only for projects that assist in preserving the flower fields at Carlsbad Ranch. Administered by the city. Amendment to Local Fee Program - Approved by city as a Local Coastal Plan Amendment in 2004. This amendment formally designated the city as the administrator of the program; eliminated the prioritization of eligible projects; revised the list of acceptable fund uses; deleted Batiquitos Lagoon as the only lagoon eligible to receive funds; deleted reference to Buena Vista Lagoon Interpretive Center as the only center that could receive funds; clarified that the acquisition and management of habitat land was an eligible use of the funds and specifically clarified that farm worker housing was included in the agricultural component for the uses of the funds. The amendment also added the requirement for an advisory committee that would follow City Council approved guidelines to ensure equitable distribution of funds and stakeholder participation. APPENDIX G LIST OF REFERENCE MATERIALS PROVIDED TO COMMITTEE CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE REFERENCE MATERIALS 1. The a-b-c's of Parliamentary Procedure 2. Users Guide to the Brown Act 3. Agricultural Mitigation Fee Program - Historical Summary 4. Carlsbad Municipal Code Chapter 21.202 "Coastal Agricultural Overlay Zone" 5. Map "X" dated 7/14/03 6. City of Carlsbad 2005-2006 Quality of Life Strategic Goals 7. "Panning For Gold" article 8. City of Carlsbad CDBG materials 9. City of Carlsbad Community Activity Grants materials 10. Grant Writing Training Course materials (courtesy of Dick Erhardt) 11. State of California Urban Streams Restoration Program Grants materials (courtesy ofKenAlfrey) 12. Metropolitan Water District of So. California Community Partnering materials (courtesy of Ken Alfrey)