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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 13 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. 22 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 -2- 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. 8 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. 14 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. 2! "' 22 '" 23 '" 24 '" 25 '" 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 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.