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HomeMy WebLinkAbout01/22/2002, C3 - AUTHORIZATION TO APPLY FOR ENVIRONMENTAL GRANT FUNDS FROM (1) THE STATE RIPARIAN AND RIVERINE HABIT council 'a122-oz j Ac,Enda Repoat C 3 C I T Y OF SAN LUIS OBISPO FROM: Wendy George,Assistant City Administrative Officer LNj Prepared By: Neil Havlik,Natural Resources Manager SUBJECT: AUTHORIZATION TO APPLY FOR ENVIRONMENTAL GRANT FUNDS FROM(1)THE STATE RIPARIAN AND RIVERINE HABITAT PROGRAM,AND (2)THE STATE WATER RESOURCES CONTROL BOARD,IN SUPPORT OF THE PROJECT KNOWN AS THE AHEARN PROPERTY ACQUISITION CAO RECOMMENDATION Adopt a resolution authorizing staff to complete and submit an application for grant monies in the amount of$250,000 from the State Riparian and Riverine Habitat Program and $700,000 from the State Water Resources Control Board, which would be used in support of acquisition of, and (following acquisition) water quality improvements on, the Ahearn property at Stagecoach Road and Highway 101. DISCUSSION Mr. Dennis Ahearn of San Luis Obispo is the owner of a 610-acre ranch in the upper watershed of San Luis Obispo Creek. A portion of this property is within the City's identified greenbelt; most of it is within the boundaries of Los Padres National Forest. It is bisected by the Cuesta Grade (map) and contains several of the spring sources of San Luis Obispo Creek. Mr. Ahearn approached City staff regarding the possibility of sale of the property for conservation purposes. Several sources of grant funding are available to support this acquisition; these include the Riparian and Riverine Habitat Program, a new State program authorized in March 2000 by Proposition 12 and administered by the Department of Parks and Recreation. This program provides funding support to "increase public recreational access, awareness, understanding, enjoyment, protection, and restoration" of rivers and streams throughout the State, and City staff consider the Ahearn property to be a good candidate for this source. This is due to the important wildlife habitat that the property provides, including the upper reaches of San Luis Obispo Creek, which the City will be restoring to steelhead access in the next year. Another potential grant source is the Costa-Machado Water Act of 2000, approved by the voters in March 2000 by Proposition 13, and administered by the State Water Resources Control Board. This program provides grant funds for acquisition, protection, and enhancement of water resources throughout the State. This is the second round of applications: the City was unsuccessful in its application in the first round, and Regional Board staff have suggested including some water quality enhancement work as part of the grant application, which would improve the grant's attractiveness to reviewers. That is the reason for inclusion of the water quality improvements, which would basically be artificial wetlands that would contain silt and allow for attenuation of pollutants in runoff from the highway before it enters San Luis Obispo Creek. C3- l 1 I l Council Agenda Report-Authorization to Apply for Grant Funds Page 2 Staff continues to pursue other potential funding sources and is seeking direct funding support from the United States Forest Service, since most of the property lies within the boundaries of Los Padres National Forest: The project has also attracted the attention of the National Park Service, as the property lies on the route of DeAnza National Historic Trail. We anticipate hearing on some of our other grant applications very soon. FISCAL IMPACT The grant, if successful, will provide outside funding to support City,acquisition of the property, thereby providing a beneficial fiscal effect. Although neither of these grant programs has a specific match requirement, generally having match monies leads to a higher ranking of the proposal. Staff does foresee the likelihood of the use of City funds in the transaction; however, at this time we cannot predict what the City's ultimate contribution may need to be, or exactly when City funds will be needed.. Given the size of the project (approximately$2.7 million), it is important to pursue as many grant possibilities as we can. Staff is confident that substantial outside sources of funds are available for this project, due to the property's various Federal, highway, water quality, recreation, and wildlife habitat nexuses. The application deadline for both grant programs is February 1, 2002. We would expect to be notified about the success of the grants late next spring. ALTERNATIVE The Council could decide not to pursue the grant monies. This is not recommended as submitting the application does not commit either the City or Mr. Ahearn in any way;if, however;we choose not to apply we will lose the opportunity entirely. Attachments 1. Resolutions 2. Location Map 3. Grant Program Summaries C 3-2 i ATTACHMENT 1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE RIPARIAN AND RIVERINE HABITAT GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION ACT OF 2000 FOR THE PROJECT KNOWN AS AHEARN PROPERTY ACQUISITION WHEREAS,the People of the State of California have enacted the Riparian and Riverine Habitat Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Act of 2000(Proposition 12),which provides grants to local agencies to increase public recreational access, awareness, understanding, enjoyment,protection, and restoration of California's irreplaceable rivers and streams; and WHEREAS,the State Department of Parks and Recreation has been delegated the responsibility for the administration 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 Riparian and Riverine Habitat Grant Program for State grant assistance for the Ahearn property acquisition project for purposes of riparian habitat protection, enhancement and public recreation; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. 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. C3-3 ATTACHMENT 1 Resolution No. 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 , 2002. Allen K. Settle, Mayor ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: .4001f II zwrA%wv VC ffy G. rge n,p1ty Attorney 1 ATTACHMENT 1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING SUBMITTAL OF A GRANT APPLICATION TO THE STATE WATER RESOURCE CONTROL BOARD AND CENTRAL COAST REGIONAL WATER QUALITY CONTROL BOARD FOR FUNDS OFFERED UNDER THE COSTA-MACHADO WATER ACT OF 2000 IN SUPPORT OF THE PROJECT KNOWN AS AHEARN PROPERTY ACQUISITION WHEREAS, the State Water Resources Control Board and Central Coast Regional Water Quality Control Board have developed specific criteria to evaluate potential projects for the Costa- Machado Water Act of 2000; and WHEREAS, said agencies have solicited proposals from government agencies and nonprofit organizations for consideration in disbursing monies derived from the Act. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the submittal of a grant proposal to the State Water Resources Control Board and Central Coast Regional Water Quality Control Board for grant support for the project known as Ahearn Property Acquisition, and 2. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, submittals, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned proposal. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of , 2002. Allen K. Settle,Mayor ATTEST: APPROVED AS TO FORM: Lee Price, City Clerk /efYef Joy C4 Attorney C3 _S- v 1\ •, n. 2 '\ .7097 '- �` '�\ �. P'' ' v ,/' i r / _ 15 17 hyl I ` •`\` 'fad 01 �� � �. � :.- �- � . sm 1026 07 ♦Ao I� \y. �i � \ 1 .i'{1(I I!i 1. - it �/'� \ �`-„ i_ \0(p 13 o/ .95/ 1 Bay rg i! � ! I \R` AS pnng 1143 i _ � ♦ �o/. 26*33 i09 ��p G VBI / o `\1r \SP 00 f RJ 11 zq �' = a 11 Location Map City of San Luis Obispo GREENBELT PROTECTION PROGRAM Ahearn Property San Luis Obispo, CA. U. S. G. S. Quadrangles: San Luis Obispo, Lopez Mountain 1"= 2,000'approx. ATTACHMENT 3 II. PROGRAM DESCRIPTION 2000 Bond Act Intent The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000, responding to the recreational and open-space needs of a growing population and expanding urban communities, is intended to revive state Stewardship of natural resources by investing in neighborhood parks and state parks, clean water protection and coastal beaches and scenic areas. Program Intent The intent of the Riparian and Riverine Habitat Program is to provide funds on a competitive basis to increase public recreational access, awareness, understanding, enjoyment, protection, and Restoration of California's irreplaceable rivers and streams. Amount of Funds Available $10,000,000 is available. This Program does not require matching funds. Minimum and Maximum Grant Amounts The minimum grant amount for a Project is $20,000 and the maximum grant amount is $400,000. Eligible Applicants The following entities are eligible to apply for these Program funds: • Cities • Counties • Eligible Districts (see definitions) • Local Agencies formed for park purposes • Federally recognized California Indian Tribes Eligible Projects: An eligible Project shall include the Acquisition, Development, or improvement of recreation areas, open space, parks, and trails in close proximity to rivers and streams. In addition, an eligible Project shall include a Riparian or Riverine habitat enhancement element and also provide for public access. Riparian and Riverine Habitat Procedural Guide $ 03 -7 ATTACHMENT 3 Project Examples Projects may include, but are not limited to, the following examples (note that each Project must include public access and a Riparian or Riverine habitat enhancement element): • Acquisition and/or Development of river parkways. • Development, improvement or enhancement of trails, Trailhead or Trailside Facilities along rivers, streams and/or river parkways for walking, cycling and equestrian purposes. • Development of riverfront parks with habitat enhancement. • Construction of new trails connecting to existing river or stream trails. • Acquisition of land to provide public access to rivers, streams, river parkways; and access to other public areas. • Restoration or enhancement of a significant Riparian or Riverine habitat while providing for public access. Significant habitat includes, but is not limited to at least one of the following categories: ❑ Critical wintering, breeding, or migratory habitat ❑ Rare species or unique habitat ❑ Representative examples of specific species or habitat ❑ Essential habitat linkages ❑ Critical buffer zones ❑ Habitat of species that are experiencing significant declines or threats ❑ Species with a highly restricted distribution within the region or state ❑ Lands that are critical for successfully implementing local, regional, and/or state conservation plans • Acquisition of land to increase the size and quality of existing Riparian habitat, river parkways or other open space areas along rivers or streams. Removal of debris from stream channels or erosion control and bank stabilization work. Ineligible Projects Projects that do not qualify for funding would include, but are not limited to, the following: • Projects with no public access Riparian and Riverine Habitat Procedural Guide 4 c3-�' j ATTACHMENT 3 Ineligible Projects (continued) • Projects that do not include some component of Riparian and/or Riverine habitat improvement, Restoration or Acquisition • Projects that cause erosion or contribute to flooding • Projects comprised only of planning • Operations and on-going maintenance Projects • Projects located on school properties not open to the general public and designed solely for students Projects with no direct relation to a river or stream • Projects on lakes or reservoirs that do not involve a river or stream • Projects on wetlands and marshes, except in the following cases: ❑ where the wetland is adjacent to a river or stream, ❑ where the wetland Project will control flooding or erosion on the adjacent stream • Projects on multiple sites State Administrative Costs The State costs of administering the Bond Act shall be paid out of the bond proceeds. These costs shall be shared proportionately by each Program funded through this Bond Act. NOTE: Authority Cited.Section 5003, Public Resources Code. Reference:Section 5096.307(a), 5096.310(h),5096.337, 5096.358, Section 5096.367 Public Resources Code;and Section 7048 and 78682.2 of the Water Code. Riparian and Riverine Habitat Procedural Guide 5 C3 -9 Watershed Protection Prograr- 'hapter 6, Article 2) Bond Program Page 1 of 2 J ATTACHMENT 3 Watershed Protection Program (Chapter 6,Article 2) Contact: Bill Campbell or Ken Harris State Water Resources Control Board(SWRCB) Division of Water Quality 1001 "I" Street, 15d'Floor Sacramento, CA 95814-2828 (916) 341-5499/341-5500 Amount: Watershed Program-490 million Appropriations: Subject to annual appropriation by the Legislature Program Description: Grants to municipalities, local agencies, or nonprofit organizations to develop local watershed management plans (maximum $200,000 per local watershed plan) and/or implement projects (maximum $5 million per project) consistent with watershed plans. Sixty percent of the funds will be allocated to projects in the Counties of Los Angeles, Orange,Riverside, San Diego, San Bernardino, and Ventura. Forty percent of the funds will be allocated to projects in the remaining counties. This subaccount requires that $35 million be set-aside for grants to small communities Historical Implementation: The SWRCB implemented a similar program under the Delta Tributary Watershed Program of Proposition 204. Thirty-one projects are underway or near implementation for Sacramento, San Joaquin, and Trinity River Watersheds for a total funding of$14.5 million. Federal Clean Water Act Section 319 projects have also implemented similar,but smaller,projects. Implementation Process/Timetable: 1. The Governor signed the State Fiscal Year(FY) 2000-01 Budget, including $20 million for the Watershed Protection Program. 2. Staff has begun discussions with representatives for the designated set-aside projects for Pajaro River($2 million), Russian River($1 million), Clover Creek ($5 million), and Clear Lake ($2 million). The set-aside projects will be funded in total and contracts executed in FY 2000-01, July through June. 3. A limited scope Request for Proposals (RFP) ($10 million)will be released in the Fall of 2000 to fund watershed plan development projects beginning in the Spring of 2001. 4. The implementation process will use an extensive outreach effort to ensure a high level of public input. • A stakeholder advisory group will be convened and a scoping meeting will be held to assist SWRCB in preparation of a broad based RFP for release in the Spring of 2001 for the selection of projects to be funded in State FY 2001-02. • Workshops will be held around the State to solicit comments on the broad RFP,to explain the State contracting process, to discuss the SWRCB's watershed approach to water quality C3�� http://www.swrcb.ca.gov/propl31htm/watershed—bond.ht3n 1/8/02 Watershed Protection Prograr Chapter 6, Article 2) Bond Program — ATTACt11Vl 2 protection, and to answer questions. Click here for a list of dates, times, and locations. A Proposition 13 web site with list servers for each subaccount was established on the SWRCB's home page in late April. The web site will be maintained throughout the life of the program and updated as needed. Please add my name to your e-mail distribution list for future Bond Program information. http://www.swreb.ca.gov/propl3/htm/watershed-bond.htm 1/8/02