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HomeMy WebLinkAbout09/17/1996, C-2 - AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 council MRtiMD acEnoa Repoat 0-02-- C I T Y OF SAN LUIS OBISPO FROM: Ken Hampian, Assistant City Administrative Officer Prepared By: Neil Havlik, Natural Resources Manager-l_;-7N SUBJECT: AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 CAO RECOMMENDATION Adopt a resolution authorizing staff to complete and-submit an application for grant monies in amount of $100,000 from the State Habitat Conservation Fund, which, if successful, would be used in support of the acquisition of part of the Bishop Peak property. DISCUSSION Overview Pursuant to direction from the City Council in May, the staff has pursued negotiations with three major landowners in the San Luis Obispo Greenbelt area: the Maino family, John Guidetti, and Raymond Bunnell for a portion of the Bishop's Peak property. With the former two parties we are nearing final agreement on possible acquisition, and those matters will be before the Council on October 1st. With Raymond Bunnell, staff has not been as successful; however, we are continuing discussions with Mr. Bunnell and have advanced to a point where staff is comfortable in pursuing two State grant programs to assist in the acquisition of portions of the Bunnell property. The current matter before the Council involves the first of these programs: the Habitat Conservation Fund. Proposed Grant Proer m The California Wildlife Protection Act of 1990 (Proposition 117) was enacted by the voters in November of that year. Among other things, the legislation created a funding source (the Habitat Conservation Fund) that makes available $2,000,000 statewide for park and open space acquisition and development programs. The regulations require a non-State, dollar-for-dollar match for State funds. Given the nature of the program and size of the grant funds available Statewide, staff has concluded that $100,000 would be a reasonable amount of money for which to apply. Matching funds would come from Measure O proceeds, if that effort is successful, if not, staff will return to the Council with other options. The timetable of the funding is that successful applicants are notified generally in January or February. Funding is contingent upon the funds being allocated in the State budget by the Legislature; however,since the Habitat Conservation fund is a voter-mandated program legislative allocation is not considered a major problem. Following action by the Legislature and Governor on the budget, a contract is signed with the State Department of Parks and Recreation and the funds are encumbered. This occurs generally in August or September. Thus, there is about one year to secure matching monies for the project. At the present time, therefore, staff is requesting authorization to apply for grant funds from the Habitat Conservation Fund for the Bishop Peak property. Because the grant schedule and deadline is aggressive (October 1, 1996) work on the application is not yet completed. However, information requested is fairly straightforward, and a copy of the draft application is available for review in the Council Reading File. Our discussions with Mr. Bunnell are continuing, and staff envisions at least four scenarios of possible acquisition at the site; all of these assume receipt of State grant monies. We are confident that Bishop Peak's high scenic -- and symbolic -- value will make it an excellent candidate for these and other monies for this project. We are also confident of our ability to obtain the matching funds in one form or another. FISCAL EMPACT Successful application for the grant would imply City commitment to the matching funds. Therefore, if the City is notified of its preliminary success in January or February of 1997, then the required matching funds can be allocated as a part of the 1997-99 Financial Plan. As mentioned earlier, the logical source of funds would be from assessment district proceeds, assuming that Measure O passes and a district is formed. If not, staff will identify an alternative source of funds through the next budget process. Since the acquisition would be for open space purposes, operational costs are expected to be minor and absorbed within the existing operational programs for the adjacent Ferrini Ranch Open Space. ALTERNATIVES The Council could decide not to pursue the grant monies. This is not recommended as application does not ensure success in obtaining the grant. Upon contracting with the Department of Parks and Recreation, there is generally a three-year period in which to secure matching monies and expend the funds. In short, application does not formally commit the City to anything; however, if we did not apply, we would lose the opportunity entirely. Staff does not recommend that course of action. Attachments 1. Resolution 2. Grant Program Summary NOTE: The grant application is available for review in the Council Reading File. C-.2—2— RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FOR THE LOCAL AGENCY GRANT PROGRAM - FISCAL YEAR 1997-98 UNDER THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 FOR ACQUISITION OF A PORTION OF BISHOP PEAK PROPERTY WHEREAS, the people of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire and/or develop facilities for public recreational fish and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of a portion of the program within the State, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, said application contains assurances that the applicant must comply with; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application for the Habitat Conservation Fund Grant Program under the California Wildlife Protection Act of 1990 State grant assistance for the above project; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. Certifies that said applicant has or will have available prior to commencement of any work on the project included in this application, the required match and will have sufficient funds to operate and maintain the project; and 4. Appoints the Natural Resources Manager as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. C-2-3 Approved and adopted this 17th day of September, 1996. On motion of ,seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 1996. Allen K. Settle, Mayor ATTEST: Bonnie L. Gawf, City Clerk APPROVED AS TO FORM: Wffgn# n, y ,fit rney �-z-y t uII.�`��py• .`M � ' U' JIM=s UMM h' INTRODUCTION This guide will assist local government in applying for and administering State grant funds from the Habitat Conservation Fund Grant Program under the California Wildlife Protection Act of 1990. It contains information on the program as well as application materials. Two million dollars is available for competitive grants to local public agencies. These funds will be provided annually from July 1, 1990 to July 1, 2020. This grant program is administered by the California Department of Parks and Recreation (DPR). Day-today administration of individual projects is the responsibility of a project officer who is assigned a specific geographical area of the State, based on county boundaries. After you have submitted an application, you will be assigned a project officer. Processing will be expedited if the name of the project officer assigned to your area is included on all mail. All inquiries, correspondence, and grant applications should be referred to: Project Officer (Name) California Department of Parks and Recreation Local Services Section 1416 Ninth Street, Room 1449-1 P. O. Box 942896 Sacramento, CA 94296-0001 Telephone: (916) 653-7423 FAX Telephone: (916) 653-9824 Applicants are encouraged to contact a Project Officer to determine general eligibility of a proposal and discuss the quality of key application documentation needed to evaluate the project. 1 IMPORTANT POINTS 1. Funding Cycles- To make the program manageable, a staged competitive funding program is provided where, in every three-year period, each eligible project type will be funded twice. PLEASE SEE THE SCHEDULE IN APPENDIX I, Page 89. 2. Projects that are legally required as mitigation by a regulatory agency as a condition for a permit or to proceed with construction, will not be funded under this program. However, a proposal which is in addition to any required mitigation, and a part of an overall undertaking, would be eligible. 3. Only project costs incurred after the date of appropriation will be eligible for grant funds. 4. You must start the project within three years of the date the grant funds are appropriated in the state budget. 5. This is a matching program - 50% State/50% local. The match must come from a non-State source. 6. DPR approval of acquisition and/or development documents is required under this program. For acquisition projects, a preliminary title report and appraisal should be submitted before the acquisition. For development projects, a complete bid package and/or a force account schedule must be submitted before development. 7. All applications shall contain evidence that the applicant agency has complied with the California Environmental Quality Act (CEQA) of 1970 including documentation that the Department of Fish and Game CEQA fee was paid or is not applicable. 8. The funding for your project cannot be chance to a different site without DPR approval. 9. Where necessary, up to 20% of the grant amount or construction costs whichever is less, may be expended for non-construction costs such as plans and specifications, acquisition documents, construction inspections, and directly-related administrative costs. 10. Grants may be audited at any time by DPR up to three years after project completion. A project is complete upon receipt of final grant payment from the State. AVOID AUDIT EXCEPTIONS-KEEP ACCURATE RECORDS OF ALL EXPENDITURES, 2 11. Agencies that receive a grant from the fund for enhancement, restoration, or improvement projects shall utilize the services of the California Conservation Corps and local community conservation corps to the extent practicable. 12. The agency that manages lands acquired with Habitat Conservation Funds shall prepare, with full public participation, a management plan for lands that have been acquired. The plan shall reasonably reduce possible conflicts with neighboring land use and land owners, including agriculturists. The plan shall comply with the Environmental Quality Act. Eligible licants Only local units of government are eligible. They are cities, counties, cities and counties, or districts as defined in Subdivision (b) of Section 5902 of the Public Resources Code. Eli ' lgcb a Projects The following types of projects are eligible: ACOUISMON OF- a) Deer and lion habitat, including oak woodlands. b) Habitat for rare and endangered, threatened, or fully protected species. c) Wildlife corridors and urban trails. d) Wetlands. e) Aquatic habitat for spawning and rearing of anadromous salmonids and trout resources. f) Riparian habitat. "Acquisition" includes, but is not limited, to, gifts, purchases, leases, easements, the exercise of eminent domain if expressly authorized, the transfer or exchange of property for other property of like value, transfers of development rights or credits, and purchases of development rights and other interests. 3 �' ;2 "Prior to recommending the acquisition of lands located on or near tidelands, submerged lands, swamp or overflowed lands, or other wetlands, whether or not those lands have been granted in trust to a local public agency, any State or local agency or non-profit agency receiving funds under this program shall submit to the State Lands Commission any proposal for the acquisition of those lands. The State Lands Commission shall, within three months of submittal, review the proposed acquisition, make a determination as to the State's existing or potential interest in the lands, and report its findings to the entity making the submittal and to the Department of General Services. AWANCEMENT AND RESTORATION OF: a) Wetlands b) Aquatic habitat for spawning and rearing of anadromous salmonids and trout resources c) Riparian habitat Adequate tenure to the property is required for enhancement or restoration projects. Adequate tenure means the applicant owns the land or holds a lease or other long-term interest that is satisfactory to DPR. PROGRAMS 777AT PROVIDE FOR: a) The interpretation of the State's park and wildlife resources. b) Programs which bring urban residents into park and wildlife areas. Programs includes those proposals designed to provide opportunities for urban residents to use park and wildlife areas. Programs also includes nature interpretation programs that are designed to increase the peoples' awareness and appreciation for park and wildlife resources. Subdivision (a) of Section 5929 of the Public Resources Code 4 Matehing Requirements Grants for acquisition shall be matched only by non-State money or property made available as part of the acquisition project. Grants for development may be matched by non-State monetary or non-monetary contributions as follows: In-land contributions (goods and/or volunteer services) applied to the specific grant project during the project period, including, but not limited to, equipment, consumable supplies, and volunteer services, facilities or equipment. Force account labor (applicant's employees) costs incurred on the specific grant project during the grant project period. The value of real property donated for the project provided the applicant does not take title to the property until after the grant funds are appropriated by the State. The value of the matching donation will be determined by the State's review of the appraisal. 5