HomeMy WebLinkAbout2005-08-02; City Council; Resolution 2005-2421
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RESOLUTION NO. 2005-242
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CREATING THE AGRICULTURAL
CONVERSION MITIGATION FEE AD HOC CITIZENS’
ADVISORY COMMITTEE TO A FOUR YEAR LIFE TO MAKE
RECOMMENDATIONS TO THE CITY COUNCIL ON GRANT
PROPOSALS FOR FUNDS FROM THE AGRICULTURAL CONVERSION MITIGATION FEE FUND, APPOINTING
AND APPROPRIATING OPERATING BUDGETS FROM THE
AGRICULTURAL CONVERSION MITIGATION FEE FUND IN
THE AMOUNTS OF $5,000 FOR THE FIRST YEAR AND $3,000
EACH FOR THE SECOND THROUGH FOURTH YEARS OF THE
COMMITTEE’S LIFE
WHEREAS, the City Council of the City of Carlsbad has created the
Agricultural Conversion Mitigation Fee program and fund, through which coastal agriculture
land may be converted from agricultural land uses to urban uses upon the payment of an
agricultural conversion mitigation fee; and
MEMBERS TO SAID COMMITTEE FOR FOUR-YEAR TERMS,
WHEREAS fees in the amount of approximately $6 million have been
collected and deposited into the Agricultural Conversion Mitigation Fee Fund (“Fund”) for
use in mitigation projects; and
WHEREAS, on July 6, 2004, the City Council held a duly-noticed public
hearing as prescribed by law to consider zone code amendment ZCA 04-04 and Local
Coastal Plan amendment LCPA 03-06 to implement the agricultural conversion mitigation
fee program, and adopted City Council Resolution No. 2004-227 and Ordinance NS-711 to
approve the amendments; and
WHEREAS, on January 13, 2005, the California Coastal Commission held a
duly-noticed public hearing as prescribed by law to consider the City’s Local Coastal
Program Amendment, and approved it subject to the following modifications: distinguishing
the City’s program from the state-administrated program, requiring a California Coastal
Conservancy staff member to be part of the Citizens’ Advisory Committee, emphasizing the
restoration aspect of coastal and lagoon environments and sandy beaches, and promoting
agricultural lands and activities; and
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WHEREAS, the City Council on April 12, 2005, held a duly noticed public
hearing as prescribed by law to consider the suggested modifications of the California
Coastal Commission and adopted Resolution 2005-105 and Ordinance No. NS 752
adopting said modifications; and
WHEREAS, at the April 12 public hearing the City Council also considered
staff recommendations regarding the establishment of an ad hoc Citizens’ Advisory
Committee whose task would be to solicit proposals for use of the Fund and make
recommendations to the City Council with regard to those proposals;
NOW, THERFORE, the City Council of the City of Carlsbad does hereby
resolve as follows:
1. That the above recitations are true and correct.
2. That there is hereby created an Agricultural Conversion Mitigation Fee Ad
Hoc Advisory Committee whose charge shall be to call for, review, and make
recommendations to the City Council for proposed expenditures from the Fund via the
following powers, duties and responsibilities:
a. The Ad Hoc Advisory 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 Carlsbad, one member from the City Planning
Commission and six members at large as follows:
1. Eric Larson
2. Irv Roston
3. Ken Alfrey
4. Richard Erhardt
5. Hope Wrisley
6. Julie Nygaard
7. Julie Baker (Planning Commissioner)
b. The Ad Hoc Committee shall exist for a period of four years, or until
all funds are allocated, whichever occurs first, from the date of this resolution and, at
the end of this time period, 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. The terms of the Committee members shall be for four years.
Committee members shall serve without compensation.
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 is 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 $5,000 for the first year
and $3,000 for subsequent years is hereby appropriated from the Fund to support the work of the Ad Hoc Committee.
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d. The Ad Hoc 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;
The Ad Hoc Committee shall conduct its business in open and public
meetings which shall be subject to the Ralph M. Brown Act (“Act”, Gov Code
Sections 54950, et seg.) and shall only meet in closed session upon advice of the City Attorney in accordance with the Act.
f. The principal charge of the Ad Hoc Committee is to make recommendations to the City Council for proposed expenditures from the Fund in
keeping with the mandates established by Municipal Code Section 21.202.060,
incorporated herein by reference. The Committee shall report at least twice to the
City Council during its first year. The first report shall be a detailed proposal of how
the Committee would operate to carry out its mandate. The 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. The Committee shall then implement the operating plan approved by the City Council. The second report shall
carry the Ad Hoc Committee’s recommendations for initial expenditures from the
Fund. The Ad Hoc Committee shall meet at least twice in each of the second
through fourth years.
g. No member of the Ad Hoc Committee shall participate in discussions on or cast a vote on expenditure recommendations where he or 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.
e.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 2nd day of August, 2005, by the following vote,
to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
ATTEST:
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