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Home My WebLink About2022-09-27; City Council; ; Authorization to Extend the Term and Modify the Name of the Agricultural Conversion Mitigation Fee Ad Hoc Citizens’ Advisory Committee and the Mayoral Appointment of SixCA Review CKM Meeting Date: Sept. 27, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Faviola Medina, City Clerk Services Manager faviola.medina@carlsbadca.gov, 442-339-5989 Tammy McMinn, Senior Deputy City Clerk tammy.mcminn@carlsbadca.gov, 442-339-2953 Subject: Authorization to Extend the Term and Modify the Name of the Agricultural Conversion Mitigation Fee Ad Hoc Citizens’ Advisory Committee and the Mayoral Appointment of Six Members to the Agricultural Conversion Mitigation Fee Ad Hoc Citizens’ Advisory Committee District: All Recommended Action 1.Adopt a resolution extending the term of the Agricultural Conversion Mitigation Fee Ad Hoc Citizens’ Advisory Committee and modifying the committee’s name by deleting “Ad Hoc” 2.Adopt resolutions appointing six members to the committee Executive Summary The city collects an Agricultural Conversion Mitigation Fee from developers when they develop agricultural land in the city’s Coastal Zone. The city’s Agricultural Conversion Mitigation Fee Ad Hoc Citizens’ Advisory Committee reviews requests for funding for preservation projects from these fees and makes recommendations to the City Council on awarding the grants. The City Council is being asked to extend the authorization for the committee so that it can make recommendations on how to allocate the grant funds still remaining. Given the committee’s past and anticipated duration, the City Council is also being asked to delete “Ad Hoc” from the committee’s name, so it would become the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee. In addition, the City Council is being asked to approve the Mayor’s appointment of six members to the committee. Discussion Committee’s name, extension The Agricultural Conversion Mitigation Fee Ad Hoc Citizens’ Advisory Committee was established in 2005 for a period of four years. The City Council approved four-year extensions of the committee in 2009, 2013 and 2017. Staff are requesting that the City Council authorize another extension, this time for 20 years, to allow the committee to make recommendations on allocating the approximately $663,100 in Sept. 27, 2022 Item #12 Page 1 of 37 grant funds still available to be allocated. Given the committee’s past and anticipated duration, staff are also requesting the City Council approve the deletion of “Ad Hoc” from the committee’s name, so that it would become the Agricultural Conversion Mitigation Fee Citizens’ Advisory Committee.1 At the end of this period, the committee shall cease to exist unless, on or before that expiration date, the City Council adopts a resolution to renew its term. Committee appointments Members of the committee are appointed by the Mayor, with the approval of the City Council. Committee members serve for four years, without compensation. •Committee Member Ken Alfrey was initially appointed to the committee in August 2005 and reappointed three additional times with the most recent term expiring in August 2021, leaving a scheduled vacancy with a term ending in August 2026. Committee Member Alfrey is not eligible for reappointment. •Committee Member Eric Larson was initially appointed to the committee in August 2005 and reappointed three additional times with the most recent term expiring in August 2021, leaving a scheduled vacancy with a term ending in August 2026. Committee Member Larson is not eligible for reappointment. •Committee Member Carolyn Alkire was initially appointed to the committee in July 2017 with a term ending in August 2021, leaving a scheduled vacancy with a term ending in August 2026. Committee Member Alkire is eligible for and seeking reappointment. •Committee Member Joseph Brisbois was initially appointed to the committee in August 2019 to fill the unscheduled vacancy of Committee Member Flock with a term ending in August 2021, leaving a scheduled vacancy with a term ending in August 2026. Committee Member Brisbois is eligible for and seeking reappointment. •Committee Member Scott Greenfield was initially appointed to the committee in May 2015 to fill the unscheduled vacancy of Committee Member Erhardt. Committee Member Greenfield was reappointed in July 2017 with a term ending in August 2021, leaving a scheduled vacancy with a term ending in August 2026. Committee Member Greenfield is not seeking reappointment. •Committee Member Patrice Smerdu was initially appointed to the committee in July 2017 to fill the unscheduled vacancy of Committee Member Elliot with a term ending in August 2021. Committee Member Smerdu resigned in July 2021, leaving an unscheduled term ending in August 2021, leaving a scheduled vacancy with a term ending in August 2026. The City Clerk’s Office received 12 applications from residents wishing to serve on the committee. 1 This revision would not alter the committee’s Brown Act compliance requirements. The committee currently complies with the Brown Act requirements in the same manner as a standing committee. Sept. 27, 2022 Item #12 Page 2 of 37 In keeping with City Council Policy No. 88, which states the city’s application, interview and appointment process for boards, commissions and committees, Mayor Hall has recommended the following 12 residents wishing to serve on the committee to advance in the process and interview with the full City Council: • Carolyn Alkire (seeking reappointment) – District 1 • Joseph Brisbois (seeking reappointment) – District 4 • Verenice Garcia – District 1 • Sadry Hedayat – District 2 • Jaime Householder – District 2 • Jon Lash – District 1 • Olga Lichten – District 4 • Sue Meyer – District 1 • Cynthia Norall – District 1 • Andrea Suarez – District 2 • Walter Waidelich – District 2 • Richard Wallace – District 3 Exhibit 8 includes the applications from all 12 applicants. City Council Resolution No. 2005-242 states that the committee shall consist of seven members, including one member from the Planning Commission, whose duties shall be to call for, review, and make recommendations to the City Council for proposed expenditures from the Agricultural Conversion Mitigation Fee Fund. Current members of the committee are: Member District Ken Alfrey 2 Carolyn Alkire 1 Joseph Brisbois 4 Scott Greenfield 3 Peter Merz (Planning Commissioner) 4 Members of the committee are subject to the provisions of the Political Reform Act and must file statements of economic interest each year and complete two hours of ethics training every two years. The Maddy Act (California Government Code Sections 54970-54974) requires that on or before December 31 of each year the legislative body must prepare a local appointments list that contains the appointive terms of board and commission members that will expire in the next calendar year, the name of the incumbent appointee, the date of appointment and the term expiration date. Based on the list, the City Clerk’s Office accepts applications (available on the city’s website and in the City Clerk’s Office) for any upcoming vacancies. Fiscal Analysis This action has no financial impact. Sept. 27, 2022 Item #12 Page 3 of 37 Next Steps Following the appointment of six members to the committee, the City Clerk’s Office will update the committee roster and coordinate the oaths of office and the filing of the appointees’ statements of economic interest and ethics training certificates. Environmental Evaluation This action does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Public Notification This item was noticed in keeping with the 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 extending the term and modifying the name of the Agricultural Conversion Mitigation Fee Ad Hoc Citizens’ Advisory Committee 2. City Council resolution appointing one member to the committee 3. City Council resolution appointing one member to the committee 4. City Council resolution appointing one member to the committee 5. City Council resolution appointing one member to the committee 6. City Council resolution appointing one member to the committee 7. City Council resolution appointing one member to the committee 8. Applications received from residents advancing to the interview process Sept. 27, 2022 Item #12 Page 4 of 37 RESOLUTION NO. 2022-233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, EXTENDING THE TERM AND MODIFYING THE NAME OF THE AGRICULTURAL CONVERSION MITIGATION FEE AD HOC CITIZENS' ADVISORY COMMITTEE WHEREAS, the Agricultural Conversion Mitigation Fee Ad Hoc Citizens' Advisory Committee was established in August 2005 for a period of 4 years; and WHEREAS, the City Council approved four-year extensions of the committee in 2009, 2013 and 2017;and WHEREAS, staff are requesting that another extension be authorized, this time for 20 years, to allow the committee to allocate the grant funds still remaining; and WHEREAS, given the past and anticipated duration of the committee, staff are requesting the City Council delete "Ad Hoc" from the committee's name so it will become the Agricultural Conversion Mitigation Fee Citizens' Advisory Committee. 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 approves the deletion of "Ad Hoc" from the name of Agricultural Conversation Mitigation Fee Ad Hoc Citizens' Advisory Committee, so that it will now be known as the Agricultural Conversion Mitigation Fee Citizens' Advisory Committee. 3.That the City Council approves extending the term of the committee for a period of 20 years. 4.That at the end of this period, the committee shall cease to exist unless on or before that expiration date, the City Council acts by further resolution to renew its term in either the same or an amended state. 5.That if the City Council chooses this option, the committee shall then be appointed by the Mayor with the approval of th·e City Council. 6.That the terms of the committee members shall be for four years. 7.That committee members shall serve without compensation. Exhibit 1 Sept. 27, 2022 Item #12 Page 5 of 37 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of September, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. MATT HALL, Mayor -etvL rv FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Sept. 27, 2022 Item #12 Page 6 of 37 RESOLUTION NO. 2022-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPOINTING ONE MEMBER TO THE AGRICULTURAL CONVERSION MITIGATION FEE CITIZENS' ADVISORY COMMITTEE WHEREAS, Agricultural Conversion Mitigation Fee Citizens' Advisory Committee Member Ken Alfrey was initially appointed in August 2005 and reappointed three additional times with the most recent term ending in August 2021; and WHEREAS, the Agricultural Conversion Mitigation Fee Citizens' Advisory Committee has one scheduled vacancy for a term ending in August 2026. 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.The following individual is appointed to serve on the Agricultural Conversion Mitigation Fee Citizens' Advisory Committee, for a term ending in August 2026, or until a replacement is appointed. Sadry Hedayat PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of September, 2022, by the following vote, to wit: AVES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. �AVIOLA MEDINA, City Clerk Services Manager (SEAL) Exhibit 2 Sept. 27, 2022 Item #12 Page 7 of 37 RESOLUTION NO. 2022-235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPOINTING ONE MEMBER TO THE AGRICULTURAL CONVERSION MITIGATION FEE CITIZENS' ADVISORY COMMITTEE WHEREAS, the Agricultural Conversion Mitigation Fee Citizens' Advisory Committee Member Eric Larson was initially appointed in August 2005 and reappointed three additional times with the most recent term expiring in August 2021; and WHEREAS, the committee has one scheduled vacancy for a term ending in August 2026. 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.The following individual is appointed to serve on the Agricultural Conversion Mitigation Fee Citizens' Advisory Committee, for a term ending in August 2026, or until a replacement is appointed. Jaime Householder PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of September, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. � FAVIOLA MEDINA, City Clerk Services Manager {SEAL) Exhibit 3 Sept. 27, 2022 Item #12 Page 8 of 37 RESOLUTION NO. 2022-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPOINTING ONE MEMBER TO THE AGRICULTURAL CONVERSION MITIGATION FEE CITIZENS' ADVISORY COMMITTEE WHEREAS, Agricultural Conversion Mitigation Fee Citizens' Advisory Committee Member Carolyn Alkire was initially appointed in July 2017 for a term ending in August 2021; and WHEREAS, the Agricultural Conversion Mitigation Fee Citizens' Advisory Committee has one scheduled vacancy for a term ending in August 2026; and WHEREAS, Committee Member Alkire is eligible for and is seeking reappointment. 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.The following individual is appointed to serve on the Agricultural Conversion Mitigation Fee Citizens' Advisory Committee, for a term ending in August 2026, or until a replacement is appointed. Carolyn Alkire PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of September, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. MATT HALL, Mayor �AVIOLA MEDINA, City Clerk Services Manager (SEAL) Exhibit 4 Sept. 27, 2022 Item #12 Page 9 of 37 RESOLUTION NO. 2022-237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPOINTING ONE MEMBER TO THE AGRICULTURAL CONVERSION MITIGATION FEE CITIZENS' ADVISORY COMMITTEE WHEREAS, Agricultural Conversion Mitigation Fee Citizens' Advisory Committee Member Joseph Brisbois was initially appointed in August 2019 to fill the unscheduled vacancy of Committee Member Flock for a term ending in August 2021; and WHEREAS, the Agricultural Conversion Mitigation Fee Citizens' Advisory Committee has one scheduled vacancy for a term ending in August 2026; and WHEREAS, Committee Member Brisbois is eligible for and is seeking reappointment. NOW, THEREFORE, BE IT RESOLVED by the City Cou·ncil of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.The following individual is appointed to serve on the Agricultural Conversion Mitigation Fee Citizens' Advisory Committee, for a term ending in August 2026, or until a replacement is appointed. Joseph Brisbois PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of September, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. /_ ----FAVIOLA MEDINA, City Clerk Services Manager f'--- (SEAL) Exhibit 5 Sept. 27, 2022 Item #12 Page 10 of 37 RESOLUTION NO. 2022-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPOINTING ONE MEMBER TO THE AGRICULTURAL CONVERSION MITIGATION FEE CITIZENS' ADVISORY COMMITTEE WHEREAS, Agricultural Conversion Mitigation Fee Citizens' Advisory Committee Member Scott Greenfield was initially appointed in May 2015 to fill the unscheduled vacancy of Committee Member Erhardt; and WHEREAS, Committee Member Greenfield was reappointed in July 2017 with a term ending in August 2021; and WHEREAS, the Agricultural Conversion Mitigation Fee Citizens' Advisory Committee has one scheduled vacancy for a term ending in August 2026; and WHEREAS, Committee Member Greenfield is eligible for reappointment. 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.The following individual is appointed to serve on the Agricultural Conversion Mitigation Fee Citizens' Advisory Committee, for a term ending in August 2026, or until a replacement is appointed. Jon Lash PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of September, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. MATT HALL, Mayor � � FAVIOLA MEDINA, City Clerk Services Manager , ,-. (SEAL) Exhibit 6 Sept. 27, 2022 Item #12 Page 11 of 37 RESOLUTION NO. 2022-239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPOINTING ONE MEMBER TO THE AGRICULTURAL CONVERSION MITIGATION FEE CITIZENS' ADVISORY COMMITTEE WHEREAS, the Agricultural Conversion Mitigation Fee Citizens' Advisory Committee Member Patrice Smerdu was initially appointed to the Advisory Committee in July 2017 to fill the unscheduled vacancy of Committee Member Elliot with a term ending in August 2021; and WHEREAS, Committee Member Smerdu resigned in July 2021, leaving an unscheduled vacancy with a term ending in August 2021; and WHEREAS, the Advisory Committee has one scheduled vacancy for a term ending in August 2026. 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.The following individual is appointed to serve on the Agricultural Conversion Mitigation Fee Citizens' Advisory Committee, for a term ending in August 2026, or until a replacement is appointed. Olga Lichten PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of September, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. None. MATT HALL, Mayor � l .,,FAVIOLA MEDINA, City Clerk Services Managerf "(SEAL) Exhibit 7 Sept. 27, 2022 Item #12 Page 12 of 37 Exhibit 8 Sept. 27, 2022 Item #12 Page 13 of 37 Sept. 27, 2022 Item #12 Page 14 of 37 Sept. 27, 2022 Item #12 Page 15 of 37 Sept. 27, 2022 Item #12 Page 16 of 37 Sept. 27, 2022 Item #12 Page 17 of 37 Sept. 27, 2022 Item #12 Page 18 of 37 Sept. 27, 2022 Item #12 Page 19 of 37 Sept. 27, 2022 Item #12 Page 20 of 37 Sept. 27, 2022 Item #12 Page 21 of 37 Sept. 27, 2022 Item #12 Page 22 of 37 Sept. 27, 2022 Item #12 Page 23 of 37 Sept. 27, 2022 Item #12 Page 24 of 37 Sept. 27, 2022 Item #12 Page 25 of 37 Sept. 27, 2022 Item #12 Page 26 of 37 Sept. 27, 2022 Item #12 Page 27 of 37 Sept. 27, 2022 Item #12 Page 28 of 37 Sept. 27, 2022 Item #12 Page 29 of 37 Sept. 27, 2022 Item #12 Page 30 of 37 Sept. 27, 2022 Item #12 Page 31 of 37 Sept. 27, 2022 Item #12 Page 32 of 37 Sept. 27, 2022 Item #12 Page 33 of 37 Sept. 27, 2022 Item #12 Page 34 of 37 Sept. 27, 2022 Item #12 Page 35 of 37 Sept. 27, 2022 Item #12 Page 36 of 37 Sept. 27, 2022 Item #12 Page 37 of 37