1990-0927_CALIF STATE COASTAL CONSERVANCY_Agreement No. 90-013 OF CAL'FOPN-A
STANDARD AGREEMENT ATTORNEY BY THE CONTRAC'NUMBER AM NO,
5"D.z(REV.a 90) ATTORNEY GENERAL 90-013
CONTRACTOR'S FEDERAL LD.NUMBER
THIS AGREEMENT,made and entered into this 27th_ day of September 19 90
in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting
TITLE OF OFFICER ACTING FOR STATE AGENCY
Executive Officer State Coastal Conservancy hereafter called the State,and
CONTRACTOR'S NAME
City Of San Juan Capistrano ,hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed,
does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor,
time for performance or completion,and anach plans and specifications,if any.)
SCOPE OF AGREEMENT
The State Coastal Conservancy ("the Conservancy") and the City of San Juan
Capistrano ("the City") agree as follows:
The City shall assist the Conservancy in carrying out the Conservancy's
responsibilities under Chapter 4 of Division 21 of the California Resources
Code by preparing an agriculture management plan ("the plan" or "the
project") for the agricultural lands of the City of San Juan Capistrano,
including, but not limited to the areas shown on Exhibit A, which is
incorporated by reference and attached.
The plan shall focus on the two designated agricultural preserves shown on
Exhibit A (which total approximately 230 acres) and shall address as well
the approximately 994 acres of open land owned by the City. The plan shall
include site plans for two areas targeted for acquisition as well as
institutional management proposals for the complex of agricultural property
within the City.
(Continued on the following pages)
CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a part of this agreement.
IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY CONTRACTOR 711 other Man en ir,dwidud,steh whether•e,rpe Iw.pednenhp,Nc.)
State Coastsse v y City f San Ju pis ano
BY(AUTHORIZED SIGN ) BV(AU D SIG TUR
> >
PRINTED NAME OF SON SIGNING TED NAIKE AND TITLE OF PERSON 5&NNG
Peter G enel1 11 tStenhen B. Julian, City Idaneiaer
TITLE ADDRESS
Executive Officer 1 32400 Paseo Adelanto, San Juan Capistrano 9267
AMOUNT ENCUMBERED BY THIS PROGRAMICATEGORY(CODE AND TITLE) FUND TITLE Department of General Services
DOCUMENT Capital Outlay SCC Fund Use only
$ 10,000.00 (OPTIONAL USE) I certify that this grant
PRSCONRACENCUMBERED FOR San Juan Capistrano Agricultural M,gmt . Plan is exempt from Department
Q ITEM CHAPTER STATUTE i FISCALYEA14 of General Services
TOTAL AMouNTENCUMBERED ro 3760-301 -565(1 ) 313 1988 88/89 approval .
DATE OBJECT OF EXPENDITURE(CODE AND TITLE)
$ 10,000,00 Agriculture
1 hereby certify upon my own personal Rowledge that budgeted funds T.B.A.NO, B.R.No.
are available for the period and purpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER DATE
>
CONTRAC•OR STATE AGENCY Ll DEPT.OF GEN.SER. El CONTROLLER W %fib'
City of San Juan Capistrano
Contract No. 90-013
Page Two
SCOPE OF AGREEMENT (Continued)
The plan shall include without limitation, the following elements:
1. Design
The plan shall propose specific land-use allocations and improvements
needed to ensure the continued productivity of agricultural lands
recommended for acquisition. The plan shall also propose methods of
integrating agriculture with recreational use and riparian habitat
restoration.
2. Management
The plan shall analyze management alternatives and propose best
management practices for land recommended for lease or under lease to
private agricultural operations. The plan shall also analyze public
management options for land to be retained in agricultural use for
educational and recreational purposes.
3. Financing
The plan shall analyze site plans for the two focus areas and financing
alternatives to implement them. The plan shall examine the cost of
acquisition, development, and operation of the agricultural preserves,
the adequacy of existing city and state funding, and the potential for
new revenues generated from agriculture-related operations on site.
The City shall perform all services in close consultation with Conservancy
staff.
All materials and work products produced by the City as a result of this
agreement shall become the property of the Conservancy; however, the City
may use these materials and work products without permission in the normal
course of its business.
CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT
The City shall not commence the project and the Conservancy shall not be
obligated to disburse any funds under this agreement unless and until the
following conditions precedent have been met:
(1) A resolution has been adopted by the City Council authorizing the
execution of this agreement and approving its terms and
conditions.
City of San Juan Capistrano
Contract No. 90-013
Page Three
CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT (Cont'd)
(2) The Executive Officer has approved in writing:
(a) The work program for the project; and
(b) All subcontractors that the City intends to employ in
connection with the project.
TERM OF AGREEMENT AND EARLY TERMINATION
This agreement shall take effect when signed by both parties.
The term of this agreement is from its effective date through December 31,
1991. During this term, either party may terminate this agreement for any
reason by providing thirty days written notice to the other party. Upon
termination, the City shall take whatever measures are necessary to prevent
further costs to the Conservancy under this agreement. The Conservancy
shall be responsible for any reasonable and non-cancelable obligations
incurred by the City in the performance of this agreement up to the date of
notice to terminate, but only up to the unpaid balance of total funds
authorized under this agreement.
COSTS AND DISBURSEMENTS
The total amount of funds disbursed under this agreement shall not exceed
ten thousand dollars ($10,000.00) . Upon determination by the Conservancy
that all "CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT"
have been fully met, disbursements shall be made to the City on the basis of
services rendered and costs incurred, upon satisfactory completion of all
tasks.
The City shall not engage any subcontractors until the Conservancy has
approved in writing the subcontractor, the work program, budget and schedule
for completion.
The City shall request disbursement by filing with the Conservancy a fully
executed invoice. The City shall state on the invoice its name and address,
the number of this agreement, the date of the submission, the amount of the
invoice, the period during which the work was -actually done, and an itemized
description of all work done for which disbursement is requested. The form
shall be signed by an authorized representative of the City. Additionally,
the form shall be accompanied by any supporting invoices or other source
documents from subcontractors that the City engaged to complete the project,
and by written substantiation of completion of the project. Failure to
comply with these requirements will relieve the Conservancy of is obligation
to disburse funds to the City unless and until all deficiencies are City of
San Juan Capistrano
Contract No. 90-013
Page Four
COSTS AND DISBURSEMENTS (Continued)
rectified.
FUNDING AUTHORIZATION
The signature of the Executive Officer on the first page of this agreement
certifies that at its June 22, 1990 meeting the Conservancy adopted the
resolution included in the staff recommendation (attached as Exhibit B) .
This agreement is executed pursuant to that authorization.
City of San Juan Capistrano
Contract No. 90-013
Page Five
Standard Provisions
WORK PROGRAM
Prior to commencement of the project, the City shall submit a detailed work
program to the Executive Officer for review and written approval as to its
consistency with the terms of this agreement. The work program shall
include
(1) The specific tasks to be performed;
(2) A schedule of completion for the project, specifically listing the
completion date for each project component and a final project
completion date; and
(3) A detailed project budget. The project budget shall describe all
labor and materials costs to be incurred to complete each
component of the project. For each project component, the project
budget shall list all intended funding sources including the
Conservancy's share and all other sources of monies, materials, or
labor.
If all or part of the project to be funded under this agreement will be
performed by third parties ("subcontractors") under contract with the City,
then the City shall , prior to initiating any request for subcontractor bids,
submit the bid package for review and written approval of the Executive
Officer. Upon approval by the Executive Officer, the City shall proceed
with the bidding process. Prior to final selection, the City shall submit
to the Executive Officer for written approval the names of all
subcontractors that the City intends to hire. The City shall then comply
with the above paragraph regarding submission and approval of a work program
prior to implementation.
The work program shall have the same force and effect as if included in the
text of this agreement. However, the work program may be modified without
amendment of this agreement upon the City's submission of a modified work
program and the Executive Officer's written approval of it. If this
agreement and the work program are inconsistent, the agreement shall
control .
The City shall carry out the project in accordance with the approved work
program.
COORDINATION AND MEETINGS
The City shall coordinate closely with Conservancy staff and other involved
entities, including local , state and federal agencies, and shall participate
in meetings and other communications as necessary to ensure coordination.
� a
City of San Juan Capistrano
Contract No. 90-013
Page Six
EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING ANONG BUDGET ITEMS
The City shall expend funds in the manner described in the approved project
budget. The allocation of funds among the items in the project budget may
vary by as much as ten percent without approval by the Executive Officer.
Any difference of more than ten percent must be approved in writing by the
Executive Officer. The Conservancy may withhold payment for changes in
particular budget items which exceed the amount allocated in the project
budget by more than ten percent and which have not received the approval
required above. The total amount of this contract may not be increased
except by amendment to this agreement. Any increase in the funding for any
particular budget item shall mean a decrease in the funding for one or more
other budget items unless there is a written amendment to this agreement.
LIABILITY
The City waives all claims and recourse against the Conservancy,
including the right to contribution for any loss or damage arising from,
growing out of or in any way connected with or incident to this contract,
except claims arising from the active negligence of the Conservancy, its
officers, agents, and employees. The duty of the City to indemnify and save
harmless includes the duty to defend as set forth in Civil Code Section
2778. This agreement supersedes the grantee's right as a public entity to
indemnity (see Gov. Code Section 895.2) and contribution (see Gov. Code
Section 895.6) as set forth in Gov. Code Section 895.4.
The City shall indemnify, hold harmless, and defend the Conservancy, its
officers, agents, and employees, against any and all claims, demands,
damages, costs, expenses, or liability arising out of this agreement.
NONDISCRIMINATION
During the performance of this agreement, the City and its subcontractors
shall not unlawfully discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry,
physical handicap, medical condition, marital status, age or sex. The City
and its subcontractors shall insure that the evaluation and treatment of
their employees and applicants for employment are free of such
discrimination. The City and its subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (Government Code Section
12900 et seq.) and the applicable regulations (California Code of
Regulations, Title 2, Section 7285.0 et seq.) . The regulations of the Fair
Employment and Housing Commission regarding City Nondiscrimination and
Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of
Regulations), are incorporated into this agreement. The City and its
subcontractors shall give written notice of their obligations under this
clause to labor organizations with which they have a collective bargaining
City of San Juan Capistrano
Contract No. 90-013
Page Seven
or other agreement. This nondiscrimination clause shall be included in all
subcontracts entered into by the City to perform work provided for under
this agreement.
SETTLEMENT OF DISPUTES
If any dispute arises out of this agreement, the City shall file a "Notice
of Dispute" with the Executive Officer within ten days of discovery of the
problem. Within ten days of such notification, the Executive Officer shall
meet with the City and designated Conservancy staff members for the purpose
of resolving the dispute. If the Executive Officer is unable to resolve the
dispute to the City's satisfaction, the City may proceed under Government
Code Sections 900 et seq. with any claims against the Conservancy arising
out of this agreement.
AUDITS/ACCOUNTING/RECORDS
The City shall maintain standard financial accounts, documents, and records
relating to the agreement. The City shall retain these documents for three
years following the date of final disbursement by the Conservancy under this
agreement, regardless of the termination date. The documents shall be
subject to examination and audit by the Conservancy and the Auditor General
during this period. The City may use any accounting system which follows
the guidelines of "Generally Accepted Accounting Practices" published by the
American Institute of Certified Public Accountants.
Additionally, the Conservancy or its delegee may review, obtain, and copy
all records retaining to performance of the contract. The City shall
provide the Conservancy or its delegee with any relevant information
requested and shall permit the Conservancy or its delegee access to its
premises, upon reasonable notice, during normal business hours for the
purposes of interviewing employees and inspecting and copying books,
records, accounts, and other material that may be relevant to a matter under
investigation for the purpose of determining compliance with Public
Contract Code Section 10115 et seq. and Title 14, California Code of
Regulations, Section 13870 et seq. The City shall maintain these records
for a period of three years after final payment under the contract.
AMENDMENT
This agreement may be modified only upon written agreement of the parties;
provided, however, that the schedule of completion may be modified by
written letter of City countersigned by the Executive Officer and such
modification shall have the same force and effect as if included in the text
of this agreement.
City of San Juan Capistrano
Contract No. 90-013
Page Eight
ASSIGNMENT, SUBCONTRACTING AND DELEGATION
The City has been selected to provide the services and perform the tasks of
this agreement because of its unique skills and experience. Except as
expressly provided in this agreement, the City shall not assign, subcontract
or delegate any of the services and tasks to be performed, without written
authorization by the Executive Officer.
TIMELINESS
Time is of the essence in this agreement.
This agreement is deemed entered into in the County of Alameda.
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Contract No . 90-013
. • EXHIBIT B
STATE COASTAL CONSERVANCY
Project Summary
June 22, 1990
SAN JUAN CAPISTRANO AGRICULTURAL MANAGEMENT PLAN
File No. 84-015
Project Manager: Peter S. Brand
REQUESTED ACTION: Authorization to disburse an amount not to exceed $10,000
to the City of San Juan Capistrano to prepare an agricul-
tural management plan for lands proposed for acquisition
and other lands within the City.
LOCATION: The City of San Juan Capistrano, Orange County. (Exhibit 1)
PROJECT CATEGORY: Agriculture
ESTIMATED COST: State Coastal Conservancy $ 10,000
City of San Juan Capistrano 120.000
Total Project Cost: $130,000
PROJECT SUMMARY: Two areas totalling over approximately 140 acres have been
recommended by the City of San Juan Capistrano for acqui-
sition to preserve and maintain agricultural use. On April
10, 1990, 71 percent of the voters in San Juan Capistrano
approved bond funding to acquire land for agriculture, open
space, and recreation. The City and the Conservancy have
developed a joint proposal for the preparation of an agri-
cultural management plan prior to acquisition which may
justify additional Conservancy participation in later land
acquisitions. This proposed Conservancy funding authoriza-
tion would be matched by City funding of the plan.
The scope of the plan encompasses the lands proposed for
acquisition in the City bond measure and other lands that
may be acquired through other sources, as well as 1,000
acres of other City-owned lands with active agricultural
uses. The plan would recommend the best way for the City
to manage the agricultural lands, provisions for interim
agricultural use of the lands not needed for immediate
recreational development, and site plans that show how, in
the long term, some areas can remain in agricultural use
while other areas are devoted to the recreational uses and
community facilities that are also called for in the bond
measure.
Several farmers and farm owners who are willing to sell
their properties are no longer interested in engaging in
agriculture on lands adjoining urban development which
requires specialized methods to sustain productivity. The
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Agricultural Management Plan will analyze management
alternatives that mix public ownership of the land with
agricultural use, such as leaseback to private farmers,
nonprofit operation, or community gardens.
For years, the City of San Juan Capistrano has used its
police powers and worked with local farmers to make sure
that the prime agricultural soils in the City remain in active
agricultural use. By passing the bond measure, local citizens
ratified the City's commitment to keep these lands from
being urbanized and provided funding to compensate existing
landowners. The City has decided to permanently maintain
its agricultural land base and its links to its agricultural
past, as well as the rural environment that gives the com-
munity its character. This provides the Conservancy with an
opportunity to demonstrate techniques of supporting agricul-
ture in highly urban settings and to provide significant
regional benefits protecting some of the last vestiges of
coastal agriculture along the Interstate 5 corridor in south-
ern California.
The Conservancy is specifically authorized under Public
Resources Code Section 31115.5 to undertake agriculture
preservation projects throughout the City of San Juan
Capistrano.
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STATE COASTAL CONSERVANCY
Staff Recommendation
June 22, 1990
SAN JUAN CAPISTRANO AGRICULTURAL MANAGEMENT PLAN
File No. 84-015
Project Manager: Peter S. Brand
STAFF
RECOMMENDATION: Staff recommends that the State Coastal Conservancy adopt
the following resolution pursuant to Sections 31115.5 and
31150 et seq. of the Public Resources Code:
'The State Coastal Conservancy hereby authorizes the
disbursement of an amount not to exceed ten thousand
dollars ($10,000) to the City of San Juan Capistrano to
prepare an Agricultural Management Plan for desig-
nated agricultural preserves and other lands within the
City."
Staff further recommends that the Conservancy adopt the
following findings based upon the accompanying staff report:
"The State Coastal Conservancy hereby finds that:
1. Preparation of the San Juan Capistrano Agricul-
tural Management Plan is consistent with the
Purposes and criteria set forth in Sections 31115.5
and 31150 et seq. of the Public Resources Code
relating to Agricultural .and Preservation;
2. The proposed project is consistent with the
guidelines of the Conservancy's Agriculture Pro-
gram; the Plan will recommend feasible actions to
return acquired lands to private use and will give
high priority to urban fringe areas where the
impact of urbanization on agricultural land is
greatest; and
3. The lands to be included in the Plan are specifi-
cally identified in the City General Plan as agri-
cultural and open space lands."
STAFF DISCUSSION:
Site Description- The Agricultural Management Plan will focus on the City's
two existing designated agricultural preserves as well as
other City-owned open space lands that have agricultural
potential. There are sixteen parcels and twelve landowners,
most of them private, within the boundaries of the study
area. Area 1, the southern area, lies between the historic
downtown of San Juan Capistrano and the coast (see Ex-
G-3
hibits I and 2). Its 99 acres contain Class I and 11 soils.
The property has been used to grow vegetable crops: cucum-
bers, cauliflower, squash, lettuce, and peppers, and has
produced up to four harvests a year. In addition to row
crops, the property includes an historic farm residence,
several outbuildings, a modern barn and packing shed, a
farm supply and farmers market, and a nursery. Property on
three sides of Area I is urbanized with residential develop-
ment.
Area 2 is 130 acres, of Class I and II soils, historically used
as a valencia orange grove. The property and the adjoining
steep undeveloped hillsides together form a greenbelt, visible
from Interstate 5, separating San Juan Capistrano from the
burgeoning subdivisions of Laguna Niguel (see Exhibits I and
3). The farmland is bounded by two steeply cut creeks
subject to accelerated erosion and requiring restoration of
the streambanks and riparian habitat. 47 acres formerly in
vegetable crops are lying fallow and some of the orange
groves are no longer irrigated and are dying.
The City also owns 994 acres that are currently being
grazed under a lease to a local rancher.
Project History- The City of San Juan Capistrano was traditionally an agri-
cultural center with Class I and II soils used, like much of
Orange County, for truck farming and extensive groves of
oranges and, more recently, for avocados. Residents orga-
nized in the early 1970s to preserve agriculture lands. As
part of its growth control initiatives, the City Council
commissioned background studies on local agricultural opera-
tions. In 1976, the City enacted ,in ordinance establishing
developer fees to be placed in an Agricultural Preservation
Fund. The following year, the City amended the General
Plan to rezone 230 acres from residential to agriculture and
established the two agricultural preserves.
In 1982, legislation was enacted authorizing the Coastal
Conservancy to undertake agricultural projects in San Juan
Capistrano even though the city is outside the Coastal Zone.
The sponsor of the legislation, former assemblywoman and
now Senator Bergeson, proposed, and the Legislature and the
Governor agreed, that agricultural lands within San Juan
Capistrano were an important coastal resource and that the
City should be eligible to receive funding from the Coastal
Conservancy.
The City has since then negotiated with landowners in Areas
I and 2 about potential public purchase for agricultural land
Preservation, but the lack of an identified funding source
has prevented the City from making official offers to land-
owners. However, the City has in the meantime expended
money from its Agricultural Preservation Fund to support
continued agricultural operations within the City. Working
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closely with the benefitted farmers, the City has fenced
agricultural fields to prevent vandalism and trespass, in-
stalled drainage improvements, provided new and affordable
supplies of irrigation water, and adopted a specific plan that
allowed for partial development in exchange for permanent
agricultural protection. In 1990, 71 percent of the voters of
San Juan Capistrano agreed to a general obligation bond of
$21 million for acquisition of open space for agriculture and
recreation.
Project Description- The proposed project would provide an Agricultural Manage-
ment Plan for public ownership and private use of agricul-
tural property in San Juan Capistrano. The City has asked
the Conservancy for assistance in defining a management
strategy to protect and manage lands proposed as agticul-
tural preserves or already acquired for that purpose (Exhibit
4). The plan is a basic component of the City's program to
maintain productive agriculture in the urban area while at
the same time preserving open space and allowing compatible
recreational use of the same land.
The Agricultural Management Plan under the City's direction
is part of a larger planning effort to determine how to
implement the newly approved bond measure and whether
there are mutual benefits to future Conservancy participa-
tion in acquisitions. The majority of the effort will go
toward developing site plans for recreational improvements,
analyzing alternatives and priorities with an Open Space
Advisory Committee, and appraising property proposed for
public acquisition. However, the City will also hire a con-
sultant with particular expertise in agricultural land manage-
ment. The Conservancy's funds will partially defray the cost
of developing the agricultural component of the larger
project.
The plan would consist of site plans for two areas targeted
for acquisition as well as institutional management proposals
for the complex of agricultural preserves within the City.
The plan will propose specific land-use allocations and
improvements needed to ensure the continued productivity of
the agricultural lands proposed for acquisition, analyze the
need, if any, for additional agricultural land acquisition
funds, and propose ways to integrate agriculture with recre-
ational use and riparian habitat restoration. The City has
also requested the Conservancy's planning assistance to help
in defining management alternatives that might include a
nonprofit organization responsible for operating the City-
owned agricultural land, an agricultural management specia-
list hired by the City, leaseback of the lands to private
farmers, and/or community gardens.
The City's offer of joint funding of the plan is preliminary
to a potential request for acquisition funding from the
Conservancy. Should such a request be made, Conservancy
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assistance would be predicated on a number of conditions
such as guarantees of long-term agricultural use and the
existence of willing sellers as expressed in the February 26,
1990 letter from the Conservancy's Executive Officer to the
City (Exhibit 5). Such willing sellers would be those no
longer interested in agriculture or in the innovative prac-
tices recommended in the plan that are consistent with the
land's location on the urban fringe. The City would have to
analyze its revenues available to reimburse all the Conser-
vancy's contribution. The City must also demonstrate the
need for additional funds to preserve lands in agriculture as
opposed to providing land proposed for local recreational
use.
PROJECT COST
AND FINANCING: The estimated cost of the joint planning effort is $130,000
of which $10,000 would be provided by the Conservancy to
prepare the Agricultural Management Plan. The plan consul-
tants will, among other tasks, analyze which properties must
be acquired to sustain agricultural productivity. They will
propose revenue generating uses and a program that will pay
for management of the property.
The Plan will also determine revenue sources available to
repay a potential loan from the Conservancy for acquisition.
In the letter to the City (Exhibit 3), the Conservancy's
Executive Officer discusses a potential disbursement to the
City of $1.3 million contingent on several conditions. One
condition is the repayment of the full amount of the Con-
servancy's contribution plus interest for purchase of agri-
cultural lands. The City's Agricultural Preservation Fund is
specifically suggested as a source for repayment as well as
for improvements to lands purchased with Conservancy
funds. The Fund is sustained from developer fees levied on
all new residential, commercial, and industrial uses in the
City. About $1.9 million has been raised between 1976 and
1988.
Most of the acquisition cost is expected to be met by the
City bond measure. Of the $21 million, $I million will go to
the costs of the bond sale, underwriters compensation, and
accrued interest, and $2 million will go to initial recre-
ational and habitat improvements, which will leave $18
million for land acquisition.
LOCAL SUPPORT: Letters of support will be hand-carried to the meeting.
CONSISTENCY WITH
CONSERVANCY'S
ENABLING LEGISLATION: Section 31115.5 of the Public Resources Code authorizes the
Conservancy to undertake agriculture preservation projects
in the City of San Juan Capistrano, although it is outside
the Coastal Zone: 'Notwithstanding the any other provision
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of law, the Conservancy may undertake projects in the City
of San Juan Capistrano pursuant to Chapter 4 ( Preservation
of Agricultural Land). . . ."
Sections 31150 through 31156 authorize the Conservancy to
acquire interests in land, improve, develop, or lease and
provide grants to local agencies and nonprofits for agricul-
tural preservation. The proposed grant to the City for an
Agricultural Management Plan is a necessary precursor to
acquisition of agricultural lands with Conservancy funds.
Section 31151 gives highest priority to agricultural lands on
the urban fringe such as the San Juan Capistrano agricul-
tural preserves. Section 31150 states that the Conservancy
shall where feasible return agricultural land to private use
or ownership. The plan will recommend the optimum size
and configuration for parcels to be returned to private use
through leases.
Section 31152 states that agricultural preservation acquisi-
tion may not take place unless there is no other means,
including the use of police power, to assure continued use
of the lands for agriculture. The completion of the Agricul-
tural Management Plan is necessary before the Conservancy
can consider making such a finding, if acquisition were
proposed in the future, as expected. Notwithstanding that
the subject areas are identified in the City General Plan for
agricultural preservation, several farms containing prime
soils and adequate water are lying fallow, orchards are
dying, and historic farm structures are deteriorating out of
neglect.
CONSISTENCY WITH
CONSERVANCY'S
PROGRAM GUIDELINES: Model: The management plan will serve as a model for the
Preservation of agriculture. It will establish guidelines for
maximizing the profitability of agricultural lands adjacent to
urban development while providing a variety of environ-
mental and recreational benefits. The San Juan Capistrano
project will provide a model for the preservation of coastal
agriculture in those situations where the variety of public
benefits from retention in agricultural use outweigh the
need for conversion to new development.
The City of San Juan Capistrano has already provided a
model for local funding of agricultural and open space
preservation efforts, and for working with local farmers to
support the agricultural industry and reduce the impacts of
urbanization.
Location on the Urban Fringe: Area I is bounded by urban
development on three sides. Area 2 is on the northwestern
boundary of urban development in the City of San Juan
Capistrano. These areas actually represent islands of agri-
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culture in the highly urbanized area of coastal Orange
County.
Potential Willing Sellers: The owner of 57 acres i Arca I
has been involved in acquisition negotiations withhe 'City.
He is reportedly interested in selling if he can poq inuc
leasing and farming the property. None of the other land-
owners of the two areas is involved in farming his property.
None of the owners publicly opposed the City bond measure.
Extent of Local Support: For more than fifteen years, the
City has supported the preservation of agriculture. Following
the preparation of a study to evaluate the threat to agri-
culture in the City and adjoining areas, the City passed an
ordinance establishing developer fees that are collected into
an Agricultural Preservation Fund. The City has passed a
General Plan Amendment rezoning certain properties from
residential to agricultural uses. in December the City Coun-
cil placed on the ballot for special election a $21 million
bond issue. As part of this bond issue the City has made a
commitment to pursue alternatives in an effort to maintain
and preserve active agricultural uses in the community.
Economic Viability of the Property: Some of the subject
property has been sustained in agricultural use by supple-
menting conventional practices with direct marketing of
produce or shifting to high value truck farming and away
from crops such as citrus that are particularly susceptible to
impacts of urbanization. A primary purpose of the proposed
plan is to analyze the ability of the land to sustain (or
improve on) typical agricultural practices.
Maximum Use of Local, State and Federal Resources: The
plan can be completed with a combination of City and
Conservancy funds. The majority will be City funds with
approximately ten percent from the proposed Conservancy
grant. If the Conservancy decides to provide funds in the
future for land acquisition, the locally generated bond
measure will provide similar favorable opportunities for cost
sharing.
CONSISTENCY
WITH CEQA: Preparation of the San Juan Capistrano Agricultural Manage-
ment Plan is statutorily exempt from the provisions of the
California Environmental Quality Act (CEQA) under 14 Cali-
fornia Code of Regulations Section 15262 as it involves only
feasibility analysis and planning studies. A Notice of Exemp-
tion will be filed for the Conservancy's action. The plan
will, however, consider environmental factors and will be
subject to environmental review prior to implementation.
G-8
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! •\( • CITY MANAGER
LTC RwCN ! JULIAN
May 22, 1990
Mr. Don Coppock
Conservancy Agriculture Program Manager
California State Coastal Conservancy
1330 Broadway, Suite 1100
Oakland, CA 94612-2530
Dear Mr. Coppock,
Enclosed, please find a resolution of the City Council of San Juan Capistrano
requesting funding from the California State Conservancy for the development of an
Agricultural Management Plan. This plan will be an integral part of the Open Space
Master Plan and the purchase, maintenance and development of 140 acres designated
through our Open Space Bond measure, which was passed in April, 1990.
We appreciate your assistance in reviewing our request with the Conservancy Board
as soon as possible. 11 1 can provide additional information regarding our interest in
the funds for the Agricultural Management Plan, please do not hesitate to contact
me.
Yours very truly,
Stephen B. Julian
City Manager
SBJ/Jw.mjs R 5_ V D
Enclosed
MAY 2 S 1990
STATE COASTAL MJSERVANCY
Clk;'UI!D, CALIF.
G-12
EXHIBIT 4
22400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493•1171
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) u•
CITY OF SAN JUAN CAPISTRANO )
1, CHERYL JOHNSON, Deputy City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the attached is a true and correct copy of
Resolution No. 90-5-15-7, adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 15th day of May, 1990.
(SEAL)
Cheryl Jo so putt' City Clerk
San Juan Capistrano, California
DATED: THIS 17th day of May, 1990.
G-13
STATE OF CALIFORNIA—IME RESOURCES AGENCt - GEORGE DEUKMEJIAN. Go.•m.,.
CALIFORNIA STATE COASTAL CONSERVANCY
1330 ROADWAY, SUITE 1100 C'
OAKLAND. CA 94612 2530
RISS $01.1015
TELEPMONE /15146A 1013
FAX 4I5i&"-1A70
February 26, 1990
Stephen Julian, City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
SUBJECT: Conservancy Support for Purchase of Agricultural Lands
Dear Mr. Julian:
I am pleased that the staffs of the City of San Juan Capistrano and the
Coastal Conservancy have re-opened our dialog concerning protection for
agricultural lands within the city limits, and I am encouraged to hear about
efforts to pass a $21 million local bond act to implement the Save Open
Space (SOS) Program. San Juan Capistrano has made major efforts to
identify, support, and protect its agricultural land base, and we are aware
that the city has consistently maintained its agricultural preservation
policies in contrast to many other municipalities in California. Purchase
of fee title to the lands within your Agricultural Preserves appears to be
needed in order to carry out the provisions of your General Plan.
Five years ago we discussed possible Conservancy financial assistance to
help purchase portions of Area 1, as identified in your General Plan, to
keep the land available for long-term agricultural use. I would be willing
to recommend that the Conservancy board authorize a new disbursement to the
City in an amount of approximately $1.3 million, if the following conditions
are met:
(1) the voters of San Juan Capistrano approve the local bond measure
at the April 10, 1990 special election and the funds to be contributed
by the Conservancy expand the amount of acres in Area I that can be
acquired for permanent agricultural use;
(2) the lands to be acquired with Conservancy funds are designated for
permanent agricultural use in the General Plan and zoned accordingly;
(3) we review and approve the appraisal on which the offer to purchase
is based and the terms of acquisition by the city;
(4) the city agrees to reimburse the full amount of the Conservancy's
contribution, plus interest, according to a mutually agreeable payment
schedule, over a period of approximately 10 years; (This obligation
could be met by pledging part of the future revenues that will come
into the city's Agriculture Preservation Fund from new residential,
commercial, and industrial development);
G-17
EXHIBIT 5
Stephen Julian
2/26/90
Page 2
(5) the city agrees to accelerate the payment schedule and immediately
reimburse the full amount of the Conservancy's contribution, plus
interest, if the portions of Area 1 purchased with our funds are
converted to non-agricultural uses within 10 years; and
(6) the city produces an Agricultural Management Plan to demonstrate
that continued agricultural use of portions of the 230 acres of lands
in the Agricultural Preserves is possible, and to suggest the best
organizational arrangements (such as leaseback to private farmers,
nonprofit administration for educational or interpretive purposes, or
establishment of community gardens) to support private agricultural
uses.
Conservancy staff are interested in reviewing an Agricultural Management
Plan because our experience shows it is possible to sustain agriculture,
even in highly urban areas, without necessarily producing irreconcilable
land use conflicts. I would be willing to recommend that the Conservancy
award $10,000 to the City of San Juan Capistrano to develop the Agricultural
Management Plan mentioned in Point /6 above. The Plan should cover the
lands proposed for acquisition in the bond measure, other lands that may be
acquired through other sources, as well as other city lands with active
agricultural uses. The Plan would recommend the best way for the city to
manage the agricultural lands, provisions for interim agricultural use of
the lands not needed for immediate recreational development, and site plans
that show,how, in the long-term, some areas can remain in active
agricultural use while other areas are devoted to the recreational uses and
community facilities that the city needs and its voters want.
If you are interested in pursuing this course of action, the first step
would be for the City Council, by resolution, to request Conservancy funding
for the Agricultural Management Plan. The resolution should also state the
City Council 's intention to uphold the policies of your General Plan with
regard to permanent agricultural use of the Agricultural Preserves. (The
resolution might also request subsequent disbursement of funds for land
acquisition to supplement the funds available through the SOS Program.) The
Conservancy could consider taking action on the Plan at its next meeting on
March 23rd; I anticipate the Conservancy board would want to condition the
award on the approval of the SOS Program bond measure on April 10th.
Pleae continue to contact Conservancy Agriculture Program Manager Don
Coppock to discuss this proposal further. Thank you again for your
cooperation.
SinceGrenelll P e
Executive Officer
G-le