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HomeMy WebLinkAbout2013-09-10; City Council; Resolution 2013-2301 RESOLUTION NO. 2013-230 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CAUFORNIA, REALLOCATING $615,940 IN AGRICULTURAL CONVERSION MITIGATION FEE FUNDS; APPROVING THE 4 ALLOCATION OF $1,127,608.53 FROM THE AGRICULTURAL CONVERSION MITIGATION FEE FUND TO THE ORGANIZATIONS IN 5 THE AMOUNTS RECOMMENDED BY THE AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE, SUBJECT TO THE FINAL SIGNING BY BOTH THE GRANT RECIPIENT AND THE MAYOR OF A FUNDING AGREEMENT ITEMIZING THE AGREED-UPON PROJECT MILESTONES AND THE AGREED-UPON TIMING OF THE RELEASE OF FUNDS; RENEWING THE TERM OF THE AGRICULTURAL CONVERSION MITIGATION FEE ^ AD HOC CITIZENS ADVISORY COMMITTEE FOR AN ADDITIONAL FOUR YEAR TERM; APPROVING THE CURRENT BUDGET FROM THE AGRICULTURAL CONVERSION MITIGATION FEE FUND IN THE 11 AMOUNT OF $3,000 FOR THE COMMITTEE'S TERM; AND APPOINTING MEMBERS TO THE COMMITTEE FOR FOUR-YEAR TERMS. CASE NAME: AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE 12 13 14 15 follows: The City Council of the City of Carlsbad, California, does hereby resolve as 1^ WHEREAS, the City Council of the City of Carlsbad has created the Agricultural 1'7 r . Conversion Mitigation Fee Program (Program) and Agricultural Conversion Mitigation Fee fund 18 (Fund), through which coastal agricultural land may be converted from agricultural land uses to 19 2Q urban uses based upon the payment of an agricultural conversion mitigation fee; and 21 WHEREAS, on July 28, 2009 the Carlsbad City Council extended the term of the 22 Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee (Committee) whose 23 24 25 26 27 WHEREAS, $511,668.53 of unencumbered funding is available to implement the 28 Program; and charge is to call for, review and make recommendations to the City Council for proposed expenditures (Grants) from the Fund in keeping with the directives established by Carlsbad Municipal Code Section 21.202.060 and the City's Local Coastal Program; and 1 WHEREAS, $615,940 in funding that was previously appropriated through City 2 Council Resolution 2007-029 for AGP 06-10 (Carlsbad Beach Nourishment) is no longer needed 3 to complete the project and could be reallocated for other grants; and 4 WHEREAS, the Committee was authorized through City Council Resolution 2013- 5 047 to solicit and evaluate proposals for funding consideration and provide recommendations 6 7 to award the funding available; and 8 WHEREAS, between April and May 2013 the Committee solicited grant proposals ^ and evaluated all proposals received for eligibility and merit in a manner consistent with the Approved Method of Carrying out the Committee's Directive (Method), which was reviewed 11 and approved though City Council Resolution 2009-039; and 12 WHEREAS, based on the Committee's review of grant applications, which 14 occurred on June 25, 2013, the Committee recommends that the City Council approve the 15 allocation of funds to the recipients in the amounts shown on the attached "Exhibit A - Agricultural Conversion Mitigation Fee Program - Committee Recommendation of 2013 Grant Applications;" and WHEREAS, the Committee's term expired on August 9, 2013; and WHEREAS, the Committee recommended that the City Council reinstate the 21 Committee for an additional four years and appropriate a budget not to exceed $3,000 for the 22 Committee's term. NOW THEREFORE, the City Council ofthe City of Carlsbad does hereby resolve as follows: 1. That the above recitations are true and correct. 16 17 18 19 20 23 24 25 26 27 28 1 2. That the City Council hereby reallocates $615,940 in unused funding from AGP 06-10 - Carlsbad Beach Nourishment bringing the available fund balance to $1,127,608. 2 3 3. That the City Council hereby approves the allocation of grants from the fund to the recipients in the amounts shown on the attached "Exhibit A - Funding 4 Recommendations," subject to the following: 5 a. The final signing by both the grant recipient and the Mayor of a funding agreement approved as to form by the City Attorney itemizing the agreed-upon milestones and the agreed-upon timing ofthe release of funds; and b. Prior to the execution of funding agreements, the grantees shown 8 on the attached "Exhibit A - Funding Recommendations" shall submit to the city evidence subject to the satisfaction ofthe City Planner that the grantee's financial condition adequately ^ demonstrates the grantee's ability to carry out the project. The financial condition of each grantee shall be evaluated by the City through submittal of one ofthe following: 11 12 15 16 25 An audited financial statement (encouraged/preferred); A reviewed financial statement; or. An IRS-990 tax return. 13 4. That the City Council hereby reinstates the Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee whose charge is to call for, review, and 14 make recommendations to the City Council for proposed expenditures from the Fund via the following powers, duties and responsibilities: a. The Committee shall be appointed by the Mayor with the approval of the City Council and the members shall be seven citizens of the City of Carlsbad, 17 one member from the City Planning Commission and six members at large as follows: Eric Larson i. Ken Alfrey ii. Craig Elliott V. Richard Erhardt V. Hope Wrisley vi. Jackie Stone vii Michael Schumacher (Planning Commissioner) 18 19 20 21 22 b. Beginning on the date this resolution is passed and adopted, the 23 Committee shall exist for a period of four years, or until all Agricultural Conversion Mitigation Fee funds are allocated, whichever comes first; at the end of this period, the Committee shall 24 cease to exist unless on or before that expiration date the City Council acts by further resolution to renew its term in either the same or an amended state. The terms of the Committee members shall be for four years. Committee members shall serve without 26 compensation. 27 /// 28 6 1 c. staff from the California Coastal Conservancy and the City of Carlsbad shall be ex-officio, non-voting members of the Committee and shall provide support 2 and advice as appropriate. The Committee shall be given all reasonable tools, resources, background, information and staff support necessary for it to accomplish its objectives. An operating budget not to exceed $3,000 for the four-year term established by this resolution is 4 hereby appropriated from the Fund to support the work of the Committee. 5 d. The Committee shall select a Chairperson and establish its own meeting schedule (in keeping with section "f"), as necessary and appropriate to accomplish the work assigned to it by the City Council. 6 7 e. The Committee shall conduct its business in open and public 8 meetings, which shall be subject to the Ralph M. Brown Act ("Act," Government Code Sections 54950, et seq.) and shall only meet in closed session upon advice of the City Attorney in accordance with the Act. 9 10 f. The principal charge of the Committee is to make 11 recommendations to the City Council for proposed expenditures from the Fund in keeping with the mandates established by Carlsbad Municipal Code Section 21.202.060, incorporated herein 12 by reference. The Committee shall meet as necessary, but no less than once annually. 13 g. No member of the Committee shall participate in discussions on 14 or cast a vote on expenditure recommendations where he/she is likely to have a conflict of interest. 15 " 16 17 18 19 20 /// /// /// /// 21 /// 22 /// 23 24 25 26 27 /// 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 10^^ day of September, 2013, by the following vote to wit: AYES: Council Members Hall, Wood, Blackburn and Douglas. NOES: Council Member Packard. ABSENT: None. I / 4 MATT HALL, Mayor ATTEST: BARBARA ENGLESON,^ity Clerk 'Exhibit A~Funding Recommendations" Agricultural Conversion Mitigation Fee Program Committee Recommendations of 2013 Grant Applications Application/ Project Number Applicant Project Name Project Description Eligibility Category* (as selected by applicant) Funding Requested Funding Recommended AGP 13-01 Batiquitos Lagoon Foundation Nature Center Replacement Project- Grant Augmentation Additional funding for previously awarded grant to replace lagoon nature center D $49,542 $49,542 AGP 13-02 Batiquitos Lagoon Foundation Lagoon Ecological Reserve North Shore Restoration—Phase 2 Planning, public outreach, invasive plant treatment and removal, habitat restoration, maintenance and reporting A $20,733 $20,733 AGP 13-03 Carlsbad Ranch Company, L.P. Orchard, Fields and Floral Trade Center Access Creation of an access road off Carlsbad Ranch agricultural lands connecting Cannon Road and Car Country Drive 8 $600,000 $600,000 AGP 13-04 Carlsbad Ranch Company, L.P. Floral Trade Center Improvements Coolers, display and supporting equipment for operation of relocated Floral Trade Center B $250,000 $162,833.53 AGP 13-05 Carlsbad Ranch Company, L.P. Orchards and Field Crop Installation and Development Installation and cultivation of blueberries, tangerines, hops, olives and pitahaya (dragon fruit) 8 $271,000 $271,000 AGP 13-06 Buena Vista Audubon Society Kiosk Refurbishment and Interpretive Signage Installation Kiosk and interpretive signage for Buena Vista Lagoon trail system D $23,500 $23,500 TOTAL: $1,214,775 $1,127,608.53 A. B. C. D. Restoration ofthe coastal and lagoon environment; Purchase and improvement of agricultural lands: o For continued agriculture production, or o For the provision of research activities or ancillary uses necessary for the continued production of agriculture/aquaculture in the Coastal zone, including farm worker housing; Restoration of beaches for public use; or Improvements to existing or proposed lagoon nature centers.