HomeMy WebLinkAbout2009-07-28; City Council; Resolution 2009-199EXHIBIT 1
1 RESOLUTION NO. 2009-199
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING THE ALLOCATION OF
3 GRANT FUNDS FROM THE AGRICULTURAL CONVERSION
MITIGATION FEE FUND, BASED UPON THE
4 RECOMMENDATIONS OF THE AGRICULTURAL CONVERSION
MITIGATION FEE COMMITTEE, RENEWING THE
5 COMMITTEE'S TERM FOR AN ADDITIONAL FOUR YEARS,
APPOINTING MEMBERS TO SAID COMMITTEE FOR FOUR
6 YEAR TERMS, AND APPROPRIATING AN OPERATING
BUDGET FROM THE AGRICULTURAL CONVERSION
7 MITIGATION FEE FUND IN THE AMOUNT OF $3,000 FOR
EACH YEAR OF THE COMMITTEE'S TERM.
8 CASE NAME: AGRICULTURAL CONVERSION MITIGATION
FEE AD HOC CITIZENS ADVISORY
9 COMMITTEE
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, the City Council of the City of Carlsbad has created the Agricultural
Conversion Mitigation Fee Program (Program) and Agricultural Conversion Mitigation Fee fund
(Fund), through which coastal agricultural land may be converted from agricultural land uses to
urban uses upon the payment of an agricultural conversion mitigation fee; and
, WHEREAS, on August 2, 2005 the Carlsbad City Council created the Agricultural
Conversion Mitigation Fee Ad Hoc Citizens Advisory Committee (Committee) whose principal
charge is to make recommendations to the City Council for proposed expenditures (Grants)
from the Fund in keeping with the directives established by Carlsbad Municipal Code Section
2Q 21.202.060 and the City's Local Coastal Program; and
WHEREAS, approximately $891,971 of unencumbered funding is available to
22 implement the Program; and
23 WHEREAS, from March 2009 to June 2009 the Committee solicited grant
24 proposals and evaluated all proposals received for eligibility and merit in a manner consistent
25 with the Approved Method of Carrying out the Committee's Directive (Method), which was
26 reviewed and approved by City Council through Resolution 2009-039; and
27 WHEREAS, based on the Committee's review of grant applications, which
28 occurred over two meetings on June 1, 2009 and June 15, 2009, the Committee hereby
1 recommends that the City Council approve the allocation of funds from the Fund to the
2 recipients in the amounts shown on the attached "Exhibit A - Agricultural Conversion Mitigation
3 Fee Program - Committee Recommendation of 2009 Grant Applications"; and
4 WHEREAS, the Committee's term will expire on August 2, 2009 unless the City
5 Council takes action to renew the Committee's term, as recommended by the Committee.
6 NOW, THEREFORE, the City Council of the City of Carlsbad does hereby
7 resolve as follows:
1. That the above recitations are true and correct.
2. That the City Council hereby approves the allocation of Grants from the Fund
to the recipients in the amounts show on the attached "Exhibit A - Funding Recommendations,"
subject to the following:
a. The final signing by both the grant recipient and the Mayor of a funding
12 agreement approved as to form by the City Attorney itemizing the agreed-upon milestones and
the agreed-upon timing of the release of funds; and
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b. Prior to the execution of funding agreements, the grantees shown on
14 the attached "Exhibit A - Agricultural Conversion Mitigation Fee Program Committee
Recommendation of 2009 Grant Applications," shall submit to the City evidence subject to the
15 satisfaction of the Planning Director that the grantee's financial condition adequately
demonstrates the grantees ability to carry out the project. The financial condition of each
16 grantee shall be evaluated by the City through submittal of either of the following:
i. An audited financial statement (encouraged/preferred);
i. A reviewed financial statement; or,
iii. An IRS-990 tax return.
19 c. For Agricultural Conversion Mitigation Fee grant project (AGP) 09-01
20 (Carlsbad Flower Fields Enhanced Access) $113,107 in unencumbered Agricultural Conversion
Mitigation Fee funding is awarded, and in addition, $75,000 from AGP 06-09 (Flower Fields Soil
Amendment Project) is reprogrammed and awarded from the Fund for the implementation of
AGP 09-01.
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3. That there is hereby recreated an Agricultural Conversion Mitigation Fee Ad
23 Hoc Citizens Advisory Committee whose charge is to call for, review, and make
recommendations to the City Council for proposed expenditures from the Fund via the following
24 powers, duties, and responsibilities:
25 a. The Committee shall be appointed by the Mayor with the advice and
recommendations of the City Council and the members shall be seven citizens of the City of
26 Carlsbad, one member from the City Planning Commission and six members at large as follows:
77 i. Eric Larson
28
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1 ii. Ken Alfrey
iii. Richard Erhardt7iv. Hope Wrisley
v. Jackie Stone
vi. Julie Baker (Planning Commissioner)
4 vii. [to be appointed at a later date]
5 b. Beginning on August 2, 2009, the Committee shall exist for a period of
four years, or until all Agricultural Conversion Mitigation Fee funds are allocated, whichever
6 comes first; at the end of this time 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
7 the same or an amended state. The terms of the Committee members shall be for four years.
Committee members shall serve without compensation.
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c. Staff from the California Coastal Conservancy and the City of Carlsbad
shall be ex-officio, non-voting members of the Committee, and shall provide support and advice
as appropriate. The Committee shall be given all reasonable tools, resources, background
information, and staff support necessary for it to accomplish its objectives. A budget not to
exceed $3,000 for each year of the Committee's term established by this resolution is hereby
appropriated from the Fund to support the work of the Committee.
12 d. The Committee shall select a Chairperson and establish its own
13 meeting schedule (in keeping with section "f), as necessary and appropriate to accomplish the
work assigned to it by the City Council.
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e. The Committee shall conduct its business in open and public meetings,
15 which shall be subject to the Ralph M. Brown Act ("Act," Government Code Sections 54950, et
sec/.) and shall only meet in closed session upon advice of the City Attorney in accordance with
16 the Act.
f. The principal charge of the Committee is to make recommendations to
17 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 by reference.
18 The Committee shall meet as necessary, but no less than once annually.
g. No member of the Committee shall participate in discussions on or
cast a vote on expenditure recommendations where he/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.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 28th day of June 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn
NOES: None
ABSENT: None
(CLAUDE ATEWIS, Mayor
ATTEST:
LOF
Karen R. Kundtz, Assis
(SEAL)
Clerk
City Clerk
Project
Number rmiea f-iatiw
AGP
09-01
AGP
09-03
Carlsbad Flower
Fields Enhanced
Access
Applicant/
Grantee
C.B Ranch
Enterprises
Aquaculture Hubbs-
AGP Enhancement at SeaWorld
09-02 Carlsbad Research
Hatchery Institute
Batiquitos
Lagoon North
Shore Trail
Batiquitos
Lagoon
Foundation
Agricultural Conversion Mitigation Fee Program
Committee Recommendation of 2009 Grant Applications
And Environmental Review Status
Project Description Funding
Recommended
Second access point to
the Flower Fields
through a right-in only
entry on Palomar Airport $113,107*
Road, associated
deceleration lane and
signage.
i
Modifying two flow-
through raceway units
into one re-circulating $241,813
unit for propagation of
white sea bass.
Planning and design
ofMurphy Trail Bypass
Boardwalk and Rosalena
Trail;
Ayers property
acquisition;
Mitsuuchi property
wetland restoration and
trail building;
Invasive species removal
at Rosalena/San
Pacific/Highway 101
areas.
$98,572
CEQA
Status
As part of SP 207(G)/LCPA 07-07/CUP 98-20(B)/CDP 98-91(A) - Palomar Airport Road
Driveway, the construction of the access improvements was determined to be within
the scope of the previously certified Carlsbad Ranch Specific Plan EIR 94-01. The funding
of the project does not require additional environmental review.
Awarding grant funds for AGP 09-02 does not authorize, permit, or guarantee the
construction of the project. Because the activity of awarding funds will not result in any
activity that could cause a significant effect on the environment, the award of funding is
exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3).
When plans are submitted to the City or other lead permitting agency, the project will
be evaluated pursuant to CEQA. At this time, there is insufficient information to
determine whether the project will result in any significant environmental impacts.
Planning and design of trails: Exempt from CEQA pursuant to CEQA Guidelines Section
15262 (Feasibility and Planning Studies)
Avers property acquisition: Exempt from CEQA pursuant to CEQA Guidelines Section
15325 (Transfers of Ownership of Interest in Land to Preserve Existing Natural
Conditions and Historical Resources), and Section 15313 (Acquisition of Lands for
Wildlife Conservation Purposes)
Wetland restoration, trail building, and invasive species removal: awarding grant funds
for AGP 09-02 does not authorize, permit, or guarantee the construction of the project.
Because the activity of awarding funds will not result in any activity that could cause a
significant effect on the environment, the award of funding is exempt from
environmental review pursuant to CEQA Guidelines Section 15061(b)(3). When plans
are submitted to the City or other lead permitting agency, the project will be evaluated
pursuant to CEQA. At this time, there is insufficient information to determine whether
the project will result in any significant environmental impacts.
mXIra
H
Project Project NameNumber
i
Agua
Hedionda
AGP Lagoon
09-09 Discovery
Center Interior
Improvements
h
Coastal Bluff
AGP Restoration—
09-10 Tamarack and
Frazee
«.
Buena Vista
Creek
AGP Watershed
09-11 Information
Management
System T
Buena vista
AGP Audubon
09-12 Nature Center
Improvements
|
Applicant/
Grantee
Agua
Hedionda
Lagoon
Foundation
California
State Parks
Buena Vista
Audubon
Society
Buena Vista
Audubon
Society
W@jeet Description;
' - ': -ft!
Remodel of existing
meeting room to create
classroom, meeting
room and nature lab.
1i
Coastal bluff restoration
and rehabilitation;
fencing, and trail
construction.
Development of
informational
management system
(database) for existing
studies/conditions.
\
ADA Accessibility at
existing Audubon Nature
Center.
funding CEQA
Awarding grant funds for AGP 09-09 does not authorize, permit, or guarantee the
construction of the project. Because the activity of awarding funds will not result in any
activity that could cause a significant effect on the environment, the award of funding is
$52,000 exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3).
When plans are submitted to the City or other lead permitting agency, the project will
'' be evaluated pursuant to CEQA. At this time, there is insufficient information to
determine whether the project will result in any significant environmental impacts.
Awarding grant funds for AGP 09-10 does not authorize, permit, or guarantee the
construction of the project. Because the activity of awarding funds will not result in any
activity that could cause a significant effect on the environment, the award of funding is
$242,330 exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3).
When plans are submitted to the City or other lead permitting agency, the project will
be evaluated pursuant to CEQA. At this time, there is insufficient information to
determine whether the project will result in any significant environmental impacts.
$50,000 Exempt from CEQA pursuant to CEQA Guidelines Section 15306 (Information Collection)
Awarding grant funds for AGP 09-12 does not authorize, permit, or guarantee the
construction of the project. Because the activity of awarding funds will not result in any
activity that could cause a significant effect on the environment, the award of funding is
$50,000 exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3).
When plans are submitted to the City or other lead permitting agency, the project will
I be evaluated pursuant to CEQA. At this time, there is insufficient information to
! determine whether the project will result in any significant environmental impacts.
^^^^0^ $847,822.00 j
* $75,000 from AGP 06-09 (Flower Fields Soil Amendment Project) is recommended to be reprogrammed and awarded from the Fund for the implementation of AGP 09-01,
which will result in a total of $188,107 awarded to AGP 09-01.