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Home My WebLink About2022-05-10; City Council; ; Authorization to Solicit Proposals for use of Agricultural Conversion Mitigation FeesCA Review __RK__ Meeting Date: May 10, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Nancy Melander, Senior Program Manager nancy.melander@carlsbadca.gov or 442-339-2812 Subject: Authorization to Solicit Proposals for use of Agricultural Conversion Mitigation Fees District: All Recommended Action Adopt a resolution authorizing the Agricultural Conversion Mitigation Fee Ad Hoc Citizen’s Advisory Committee to work with city staff to solicit proposals for funding from the Agricultural Mitigation Fee Fund, evaluate the proposals and make recommendations to the City Council on which proposals to accept. Executive Summary The city collects fees when agricultural land in the Coastal Zone is converted to urban uses. These fees are then used for a range of coastal restoration and improvement projects, with the funds dispersed to projects awarded through grants. The Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee, at its meeting of Nov. 17, 2021, recommended that the City Council authorize the solicitation of applications for grant requests for these funds based on the available balance within the Agricultural Conversion Mitigation Fee Fund. There is $656,975 within the fund that is unallocated and available for additional agricultural conversion mitigation projects. Discussion Carlsbad Municipal Code 21.202.060 regulates the conversion of certain coastal agricultural lands to urban uses. Among other requirements, identified coastal agricultural land may be converted to urban uses upon the payment of the agricultural conversion mitigation fee. All mitigation fees collected under this section of the Carlsbad Municipal Code are to be expended by the City of Carlsbad subject to the recommendations of an advisory committee. The fees collected may be used to fund the following types of projects: 1) Restoration of the coastal and lagoon environment, including acquisition, management and/or restoration involving wildlife habitat or open space preservation 2) Purchase and improvement of agricultural lands for continued agricultural production, or for the provision of research activities or ancillary uses necessary for the May 10, 2022 Item #5 Page 1 of 14 continued production of agriculture and/or aquaculture in the city's Coastal Zone, including, farm worker housing 3) Restoration of beaches for public use including, but not limited to local and regional sand replenishment programs, beach access improvements, trails, and other beach- related improvements that enhance accessibility and/or public use of beaches 4) Improvements to existing or proposed lagoon nature centers Since the City Council approved the establishment of the Committee in 2005, the Committee has followed the detailed City Council-approved description of how it is to operate and carry out its directive (Exhibit 2). This includes grant solicitation, grant selection criteria and voting procedures, how it makes recommendations to the City Council, and how it proposes to expend the fund balances. The City Council awards funds through this competitive grant process identified by the committee. Approving the grant solicitation as recommended would allow the available money in the fund to be used for the improvement and enhancement of the city’s coastal resources. If the grant solicitation is not approved by the City Council, the agricultural conversion mitigation fees collected will continue to be added to the fund, but individuals, groups and agencies will not have an opportunity to apply for grants for funding for their potential projects or activities. Fiscal Analysis Agricultural Conversion Mitigation fees are paid as properties obtain a coastal development permit for urban development of identified agricultural lands. These fees have been set-aside in a special city fund dedicated to providing the types of grants the committee will consider during the project solicitation and evaluation process. As noted above, there is an unencumbered balance of $656,975 in the fund that is available to award to agricultural mitigation projects. Next Steps If approved, organizations will be able to access the grant application on the city’s website beginning June 2022. The deadline for all applications will be July 2022. The committee will review applications and convene to develop funding recommendations. Recommendations will be presented to the City Council for approval in a public meeting in Fall 2022. Environmental Evaluation This action does not constitute a project within the meaning of the California Environmental Quality Act under Public Resources Code Section 21065. It has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. Public Notification This item was noticed in keeping with the state’s Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. City Council resolution 2. Agricultural Conversion Mitigation Fee Ad Hoc Citizen’s Advisory Committee Directive May 10, 2022 Item #5 Page 2 of 14 RESOLUTION NO. 2022-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE TO SOLICIT PROPOSALS FOR AVAILABLE FUNDING FROM THE AGRICULTURAL CONVERSION FEE FUND, EVALUATE PROPOSALS AND BRING FORWARD RECOMMENDATIONS TO THE CITY COUNCIL FOR FUNDING CONSIDERATION Exhibit 1 WHEREAS, the Carlsbad Municipal Code Section 21.202.060 establishes an Agricultural Conversion Mitigation Fee and the allowable uses for the agricultural mitigation fees; and WHEREAS, on August 2, 2005, the Carlsbad City Council created the Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee; and WHEREAS, the principal charge of the Committee is to make recommendations to the City Council for proposed expenditures from the Agricultural Conversion Mitigation Fee Fund in keeping with the directives approved by the City Council; and WHEREAS, on November 17, 2021, the Committee considered and recommended the solicitation and evaluation of grant applications; and WHEREAS, approximately $656,975 remains unallocated and available within the Fund for expenditure on eligible projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council authorizes the Agricultural Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee to work with city staff to solicit proposals and evaluate applications for funding consideration and provide recommendations to award available funding within the Agricultural Conversion Mitigation Fee Fund. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of May, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. MATT HALL, Mayor gy ~ FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Rev: 1/20/09 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE Approved Method of Carrying out the Committee’s Directive Exhibit 2 May 10, 2022 Item #5 Page 5 of 14 CCIITTYY OOFF CCAARRLLSSBBAADD AAGGRRIICCUULLTTUURRAALL CCOONNVVEERRSSIIOONN MMIITTIIGGAATTIIOONN FFEEEE AADD HHOOCC CCIITTIIZZEENNSS AADDVVIISSOORRYY CCOOMMMMIITTTTEEEE ROAD MAP Principal Charge of Committee: To make recommendations to the City Council for proposed expenditures from the [Agricultural Conversion Mitigation Fee] Fund in keeping with the mandates established by Municipal Code Section 21.202.060. Committee Responsibilities to City Council during first year: To report to the City Council at least twice during its first year. FIRST REPORT TO CITY COUNCIL: A detailed proposal of how the Committee would operate to carry out its directive (established by Resolution 2005-242). Report should discuss how the Committee proposes to solicit expenditure/grant proposals; how it would operate to make recommendations to the Council, including proposed project/grant selection criteria and voting procedures; and how it proposes to draw down on the Fund balances in the first and subsequent years. Tasks to complete First Council Report: Determine how Committee will operate. Determine how decisions will be made. Elect a Chairperson and Vice-Chair. Establish a meeting schedule. Agree upon role of Committee members. Establish criteria by which project proposals will be evaluated. Create project application, information, and evaluation forms. Perform test run of forms. Determine how funds will be drawn down. Determine how project proposals will be solicited. Identify how project proposals will be presented to Committee. Identify how Committee will operate to make recommendations on individual projects. Prepare draft Council report. Review and comment on draft report. Finalize report. Schedule report for City Council meeting. SECOND REPORT TO CITY COUNCIL: Shall carry the Ad Hoc Committee’s recommendations for initial expenditures from the Fund. Tasks to complete Second Council Report: Solicit project proposals. Schedule/Hold workshops (2) for applicants (if needed). Evaluate forms after first set of projects. Evaluate project proposals. Recommend projects for initial expenditures from the Fund. Prepare draft of report. Review and comment on draft report. Finalize report. May 10, 2022 Item #5 Page 6 of 14 • • • • • • • • • • • • • • • • • • • • • • • • Agricultural Conversion Mitigation Fee Citizens Ad Hoc Advisory Committee Road Map (cont.) Rev: 1/20/09 Schedule report for City Council meeting. SUBSEQUENT REPORTS TO CITY COUNCIL: Additional reports shall be provided to the City Council as necessary to complete and implement the Committee’s directive. Such reports may include: Recommendations on changes to awarded grants. Recommendations to modify the approved method for carrying out the Committee’s directive. Recommendations for Council authorization to solicit additional grant proposals. Request(s) for authorization to solicit additional applications for grant requests. Request(s) to extend the Committee’s life. May 10, 2022 Item #5 Page 7 of 14 • • • • • • Rev: 1/20/09 CITY OF CARLSBAD AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS ADVISORY COMMITTEE KEY DECISIONS PROJECT ELIGIBILITY – COASTAL/NON-COASTAL LOCATIONS It is not required that proposed projects be located within the Coastal Zone; projects proposed to be located outside of the Coastal Zone will be considered; however, all projects (inside or outside of the Coastal Zone) must benefit the Coastal Zone. “EQUITABLE” DISTRIBUTION OF FUNDS The Committee will promote the equitable distribution of the grant funds available by ensuring that all potential applicants have a fair and equal opportunity to apply for the funds. This does not mean that the total funds available will be divided equally among the four categories of eligible projects. However, the Committee intends to award funds to projects in each of the four categories if at all possible. DRAW-DOWN OF FUNDS The Committee will not specifically “hold back” funds for future awards, nor will it target a specific amount of funds to be spent in the first year. The Committee will draw down funds based solely upon the merit of the projects proposed. All project proposals will be evaluated on their own merits and funds will be spent as merited by proposed projects. The Committee believes that sufficient eligible and meritorious project proposals will be received to justify expenditure of all available funds before the Committee sunsets (four years from August 2, 2005), if not sooner. May 10, 2022 Item #5 Page 8 of 14 Rev: 1/20/09 CCIITTYY OOFF CCAARRLLSSBBAADD AAGGRRIICCUULLTTUURRAALL CCOONNVVEERRSSIIOONN MMIITTIIGGAATTIIOONN FFEEEE AADD HHOOCC CCIITTIIZZEENNSS AADDVVIISSOORRYY CCOOMMMMIITTTTEEEE 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. May 10, 2022 Item #5 Page 9 of 14 • • • • • • • • • • • • • • • • • • • • • • CCIITTYY OOFF CCAARRLLSSBBAADD AAGGRRIICCUULLTTUURRAALL CCOONNVVEERRSSIIOONN MMIITTIIGGAATTIIOONN FFEEEE AADD HHOOCC CCIITTIIZZEENNSS AADDVVIISSOORRYY CCOOMMMMIITTTTEEEE PROPOSAL SOLICITATION STRATEGY Objective: To ensure that availability of grant funds is known throughout the community and among those organizations and individuals who might wish to apply. Methods may include: Editorial Boards Press Releases Solicit feature coverage in newspapers OpEd (i.e., a letter from the Mayor on behalf of the City Council) Posters in public facilities (e.g., libraries; City Hall; Faraday building; other?) Posting on City’s web page with grant program info and staff contact info o Electronic links to informational flyer; press release and dedicated webpage. o Electronic distribution via electronic subscription service o Electronic distribution via City E-News Mailings to those known to be interested o List of individuals with potential interest (list must be updated) o List of organizations with potential interest (list must be updated) o Other public agencies o Downtown Merchants Assn. o Chamber of Commerce o Carlsbad Convention and Visitors Bureau Newspaper advertisements o North County Times o Union-Tribune – North County edition o Coast News o Chamber of Commerce Newsletter Other? Insert notification in water bills Factors to Consider Time constraints Budget/Costs Timetable of 2006 Grant Solicitation/Review/Award Allocation Council Approval of Committee Procedures, Criteria, etc. May 16, 2006 Public Notification Process July 2006 Deadline for Proposal Submittal September 29, 2006 Committee Review Process October 2006 – June 2007 May 10, 2022 Item #5 Page 10 of 14 • • • • • • • • • • • • Agricultural Conversion Mitigation Fee Citizens Ad Hoc Advisory Committee Proposal Solicitation Strategy (cont.) Preparation of Agenda Bill (Grant Awards Recommendations) January 2007 and January 2008 Presentation to Council February 2007 and February 2008 Estimated Timetable for 2009 Grant Solicitation/Review/Award Allocation Council Approval of Revised Procedures, Criteria, Etc. Early February 2009 Public Notification Late February 2009 Optional Proposal Preparation Workshop(s) March 2009 Closure of Application Submittal Period Late April 2009 Committee Review of Submitted Grant Applications May – June 2009 Committee Recommendations Formulated Early July 2009 Presentation of Committee’s Recommendations to Council August 2009 May 10, 2022 Item #5 Page 11 of 14 Rev: 1/20/09 CCIITTYY OOFF CCAARRLLSSBBAADD AAGGRRIICCUULLTTUURRAALL CCOONNVVEERRSSIIOONN MMIITTIIGGAATTIIOONN FFEEEE AADD HHOOCC CCIITTIIZZEENNSS AADDVVIISSOORRYY CCOOMMMMIITTTTEEEE PROPOSAL CONSIDERATION & PROCESS SUMMARY PROPOSALS THE COMMITTEE WILL CONSIDER Projects (i.e., not on-going programs) Projects which have not been completed by the date that City Council approves the Committee’s procedures and application consideration process (i.e., no reimbursement for previously completed projects) Proposals from all types of organizations and individuals Grants – outright and/or matching – but not loans Requests for a minimum of $2,500.00 (nothing less than $2,500.00) EQUITABLE DISTRIBUTION OF FUNDS The Committee will promote the equitable distribution of the grant funds available by ensuring that all potential applicants have a fair and equal opportunity to apply for the funds. This does not mean that the total funds available will be divided equally among the four categories of eligible projects. However, the Committee intends to award funds to projects in each of the four categories if at all possible. DRAW DOWN OF FUNDS The Committee will not specifically “hold back” funds for future awards, nor will it target a specific amount of funds to be spent in the first year. The Committee will draw down funds based solely upon the merit of the projects proposed. All project proposals will be evaluated on their own merits and funds will be spent as merited by proposed projects. The Committee believes that sufficient eligible and meritorious project proposals will be received to justify expenditure of all available funds before the Committee sunsets (four years from August 2, 2005), if not sooner. PROCESS Proposal review: paper process and possible presentation opportunities (at request of Committee) Establish City staff contact(s) for applicant info/assistance and application form Opportunity for applicants’ feedback on process, forms, etc. ELIGIBILITY REQUIREMENT Applications must implement the Charge of the Committee (i.e. involve one of the four eligible types of uses) in order to be eligible for funding. Should there be disagreement regarding whether a proposal is eligible for funding (i.e., whether the project implements one of the four categories of projects), the Committee will first seek consensus and, if that fails, will vote on the matter. May 10, 2022 Item #5 Page 12 of 14 • • • • • • • • Rev: 1/20/09 CCIITTYY OOFF CCAARRLLSSBBAADD AAGGRRIICCUULLTTUURRAALL CCOONNVVEERRSSIIOONN MMIITTIIGGAATTIIOONN FFEEEE AADD HHOOCC CCIITTIIZZEENNSS AADDVVIISSOORRYY CCOOMMMMIITTTTEEEE PROPOSAL EVALUATION CRITERIA Project 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 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 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 Financial Resources/Budget Criteria Fiscal resources to do what is proposed o Project budget o How requested funding will be used o Other/Additional funding already secured for project (if any) o Other potential funding sources for project (potential matching funds) o Applicant’s experience obtaining and using funding (for this project) o Financial condition of organization (if applicable). After a grant has been awarded and prior to distribution of grant funds, the financial condition of an agency/organization shall be evaluated through submittal of either an audited financial statement (encouraged/preferred); a reviewed financial statement; or, an IRS-990 tax return. Note: applicants are encouraged to submit documentation of their financial condition at the time of grant application submittal if possible. Proposal Evaluation Form Proposal Evaluation Form The Committee’s use of a quantitative Proposal Evaluation Form during the proposal evaluation process shall serve as a tool/method to evaluate individual merits of projects; however, the individual project scores (generated through use of the form) alone are not intended to guarantee or preclude the Committee’s decision to recommend funding of specific grant requests. May 10, 2022 Item #5 Page 13 of 14 • • • • • • • • • • • May 10, 2022 Item #5 Page 14 of 14 AGIUCULTURAL CONVERSION lVIITIGATION FEE GRANT PROPOSAL EVALUATION FORl'W 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 ___ No ___ _ Eligibility Category: ______________________ _ Project Score 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 fundin'g 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 Agricultural Conversion Mitigation Fees Authorization to Solicit Proposals Nancy Melander, Senior Program Manager Housing & Homeless Services May 10, 2022 {city of Carlsbad SUMMARY •Fees are collected as agricultural lands convert to urban uses •Fees used for coastal restoration and improvement •$656,975 is available ITEM 5: ACMF { City of Carlsbad ELIGIBILITY CRITERIA •Restoring coastal and lagoon environments •Improving/purchasing agricultural land •Restoring beaches •Improving lagoon nature centers ITEM 5: ACMF { City of Carlsbad COMMITTEE RECOMMENDATION •Authorize the solicitation of applications for grant requests ITEM 5: ACMF { City of Carlsbad