HomeMy WebLinkAbout09/16/1997, C-3 - AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 M
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C I T Y OF SAN LUIS OBISPO
FROM: Ken Hampian,Assistant City Administrative O cera
Prepared By: Neil Havlik,Natural Resources Manager
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 would be used in support of
the acquisition of the Filipponi property at South Higuera Street.
DISCUSSION
Background
The City's Water Reuse Program Environmental Impact Report (EIR) identified a number of
environmental impacts of the Water Reuse project that would require mitigation. Among these was
the need to create some 12,300 square feet of suitable new habitat for the southwestern pond turtle,
which has been designated a Species of Special Concern by the California Department of Fish and
Game, and is a category 2 candidate for Federal listing. Options to mitigate this impact have
focused on several properties along San Luis Obispo Creek south of the City. The Filipponi
property has emerged as an attractive candidate because of its inclusion of both a reach of San Luis
Obispo Creek and the East Fork tributary, low-lying agricultural land suitable for wetland
restoration, and adjacent upland habitat of high value.
A study undertaken by the Land Conservancy of San Luis Obispo County to identify important
potential riparian restoration sites along San Luis Obispo Creek earlier this year also identified the
Filippom property as an excellent candidate for restoration efforts. Mr. Herbert Filipponi and his
sister,Ms. Joan Denbow, have met with staff several times and indicated their interest in selling the
property to the City for conservation purposes. They have also concurred with the City's proposed
application for grant funding support. Discussions with Mr. Filipponi and Ms. Denbow are
continuing, and we anticipate returning to the Council in closed session the near future with a
detailed report on the progress of those discussions. The Council allocated $300,000 in the current
City budget for land acquisition for mitigation needs of the Water Reuse Program, with funding
from the City's Water Enterprise.
Proposed Grant Program
The California Wildlife Protection Act of 1990 (Proposition 117) 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 many additional values the Filipponi property could contribute to
the community as a conservation property, staff believes that it is appropriate to seek State support
for the project through the Habitat Conservation Fund. Given the size of the Statewide program,
staff believes that $100,000 is a reasonable amount of money for which to apply. Matching funds
would come from the City's Water Enterprise. The filing deadline for the application is October 1.
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Council Agenda Report-Authorization of Application for Grant Funds
Page 2
CONCURRENCES
The Utilities Department supports the effort to obtain outside funding for this project as the project
will provide conservation opportunities for the community beyond those of the Water Reuse
mitigations.
FISCAL EMPACT
The grant, if successful, will provide outside funding to support City acquisition of the property,
thus providing a beneficial fiscal effect. The City's required matching funds would be appropriated
at the time a purchase or option agreement with the Filipponis is brought to the Council.
There will be future capital costs associated with construction of mitigation features and operational
costs with maintenance of those features; however, this can be expected to occur regardless of the
site selected for such mitigation.
To date, the Natural Resources Program has successfully obtained $498,100 in grant funding for
City projects, with grants (including this application) totaling $450,000 pending. Attachment 3
outlines the current status of the various grant efforts.
ALTERNATIVES
The Council could decide not to pursue the grant monies. This is not recommended as simply
filing the application does not commit the City to anything; if, however, we choose not to apply we
will lose the opportunity entirely.
Attachments
1. Resolution
2. Grant Program Summary
3. Natural Resources Grant Status Summary
NOTE: The grant application document itself is still in preparation and a draft of the application
will be available for review in the Council Reading File.
RESOLUTION NO. (1997 Series)
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 1998-99 UNDER THE HABITAT
CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE
PROTECTION ACT OF 1990 FOR ACQUISITION OF THE FILIPPONI 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,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 Filipponi
property acquisition project for purposes of habitat protection and enhancement; 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 City Administrative Officer 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.
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Resolution No. (1997 Series)
Page 2
On motion of Councilmember , seconded by Councilmember
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of , 1997.
Allen K Settle,Mayor
ATTEST:
Bonnie L. Gawf, City Clerk
APPROVED AS TO FORM:
" (• 6&wta�
Jeffrey G. Jorgensen,City Attorney
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INTRODUCTION
This guide will assist local government in applying for and administering State grant
fiords 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 fiords 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 mad. All inquiries, correspondence, and grant
applications should be referred to:
Project Officer(Name)
California Department of Parks and Recreation
Planning and Local Services Section
1416 North Street,Room 940
P. O.Box 942896
Sacramento, CA 94296-0001
Telephone: (916)653-7423
FAX Telephone: (916)653-6511
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.
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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 G, Page
75.
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 undertaldng, 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. Property acquired under the program must comply with provisions of Chapter 16,
Sec. 7260 of Div. 7, Title 1 of the State Government Code. Grant recipients are
required to certify to the adequacy of their acquisition process.
7. For development projects, grant recipients are required to certify that their
construction plans comply with applicable contract, health and safety, and access
requirements.
8. 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.
9. The funding for your project cannot be changed to a different site without DPR
approval.
10. 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.
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11. 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 EXCEPTTONS-KEEP ACCURATE RECORDS OF ALL
EXPENDITURES.
12. 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.
13. 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 Applicants
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.
Elieible Projects
The following types of projects are eligible:
ACOUISITION OF.-
a)
F.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.
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"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."'
ENHANCEMENT AND RESTORATI N 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 hglds a lease or other long-term
interest that is satisfactory to DPR.
PROGRAMS THAT 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
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Matching 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-kind 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.
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IMPORTANT
Before you incur costs against the grant,the funds must be appropriated bythe Legislature.All requirements must be met
and an agreement signed before any funds will be disbursed.
An audit may be performed before or after final payment
An Application for grant funds consists of one copy each of the following:
1. Application Forth.
2. Authorizing Resolution from governing body.
3. Environmental Impact Report or Negative Declaration along with a response from the State Clearinghouse;and a copy of the
Notice of Determination Bled with,and stamped by,the County Clerk;and doermhentauon that the Department of Fish and
Game CEOA fee was paid or is riot applicable;or a copy of the Notice of Exemption on file with the County Clerk it the project
is categorically exempt
4. Project location map(city or county)with enough demB to allow a person unfamiliar with the area to locate the project
5. Evidence of adequate land tenure(lease.joint powers agreemerrL ate.)for development projects.
6. Acquisition map showing exterior boundaries and parcel numbers.
7. Site pian showing location of specific facilities b be developed(development projects).
S. Acquisition Schedule showing each parcel to be acquired(acquisition projects).
9. Cost Estimate(development projects).
10. Indication of amount,type and source of hinds above grant provided by applicant
11. Permit or comments from the following,it applicable:
State lands Commission
San Francisco Bay Conservation and Development Commission(BCDC)
Coastal Commission
Corps of Engineers
12. All leases,agreements,etc., affecting project Finds or the operation and maintenance thereof.
13. Completed project proposal.
14. Photos of project site.
ASSURANCES
Applicant possesses legal authority to apply for the grant,and to finance,acquire,and construct the proposed project;that a resolution,
motion or similar action has been duly adopted o passed as an official act of the applicant's governing body authorizing the filing of.the
application,including all understardmgs and assurances contained therein, and directing and authorizing the person identified as the
official representative of the applicant to act in connection with the application and to provide such additional information as may be
required.
Applicant will maintain and
MPf operate the property acquired developed,rehabilitated,or restored with the hinds in perpetuity.With the
approval of the granting agency,the applicant or its successors in interest in the property may transfer the responsibility to maintain and
operate the property in accordance with Section 5919 of the Public Resources Code.
Applicant will use the property only for the purposes of the California Wildlife Protection Act of 1990 and to make no other use,sale,or
other disposition of the property except as authorized by specific act of the Legislawre.
Applicant will give the State's authorized representative access to and the right to examine all records.books,papers.or documents
related to the grant
Applicant Moll cause work on the project to be commenced within a reasonable time after receipt of notification from the State that funds
have been approved and that the project will be prosecuted tocompletion with reasonable diligence.
Applicant will comply where applicable with provisions of the California Environmental Cuafrty Act and the California Relocation
Assistance Ad,and any other state,and/or local laws,rules and/or regulations.
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