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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. 8 ,'IF SAN JUAN CAPISTRANO - I J 1 1 M SITE AREAS �(� TK`IL COK-td EXHIBIT A Page 1 of 3 ontract No. 90-013 y � V t t 1 iSDp l . F D W'W ♦ batty ♦Y� M.. �\Jvryt/�w� i .TY41[ I Ih �-.641 M � 1 w GO f 1 ! F r. I V p\PPS • 1� 1 S rte.-= r a R SITE VICINITY MAP AREA •9 EXHIBIT q Page Contract No. 90-013 I U v ♦♦ �s 1 o i ♦ ' , G ~�al b V•Dt.DD 1 , ' I � 26 6 SITE VICINITY MAP AREA 2 EXHIBIT A Page 3 of 3 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 G-1 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. G-2 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 G-4 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 G-S 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 G-6 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- G-7 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 SAN JUAN CAPISTRANO .I ;�`� Fes.+. At 1,� •a jr- Jv a 1 I � :w:_ Ips 1 t SITE AREAS C00.6�� GCTI! WK1'1 �J EXHIBIT 1 /�7 V �t n. 4♦.p `• 1� �/ tr C µt 1• �� jl vVV I • ♦Y r� Ifo N ♦V f. ft a Arms rlw ` tY ,� �, iii:• S�ro2 a 'r' Y ' � :a .e♦x.na i a• IaYs: 1 •1 i 1 � c•NIN � sir r. � ��fYi^V.� � .r� . /L YD l •\IoY ` I Ntc"%LD ♦ ao. aaAVENIDA W1►oS• • .4 wi MMIi • ��, d i.� � \1 n ro r--= rel R ro G-10 SITE VICINITY MAP AREA -1 EXHIBIT 2 f� r � e t Y 4 i e•ry n 1 9D I S •C` r i I 4 Ju.er•�� I / 1 35 + t% IL Jr '� I ' 1 I , i _ �o E SITE VICINITY ,MAP X11 AREA 2 EXHIBIT 3 dwon C� L MEMBERS Or TMC CITY COUNCIL � ANTwONV L. !LANG LAWRENCE F. lLC.uEN V RENNET. E. FRIES$ DRUG USE Imo ! ma= t IfI .n I! 1961 GARY L. w•us OORrER ` 1.,J6 j RwILLIR R. SC.N•q�,[ ! •\( • 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