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HomeMy WebLinkAbout04/15/2003, C6 - AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM: 1. LAND AND WATER CONSERVATION FUND, AND 2. FISH J councit Wfin[D.te j acEnaa REpoat h..N..6., CLo CITY OF SAN LUIS OBISPO FROM: Wendy George,Assistant City Administrative Officer Prepared By: Neil Havlik,Natural Resources Manager SUBJECT: AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM: 1. LAND AND WATER CONSERVATION FUND,AND 2. FISHERIES RESTORATION GRANT PROGRAM(2 GRANTS) CAO RECOMMENDATION Adopt resolutions authorizing staff to complete and submit applications for grant monies in amount of 1. $100,000 from the Land and Water Conservation Fund, which would be used in support of the acquisition of the Filipponi property at the end of Calle Joaquin; 2. $75,000 from the State Fisheries Restoration Grant Program, which would be used to improve the fish ladder on Prefumo Creek underneath Los Osos Valley Road; and 3. $15,000 from the State Fisheries Restoration Grant Program, which would be used to fence the lower portion of Dry Creek and the Forbes Pond areas on the Johnson Ranch to exclude livestock and improve instream habitat and wetlands there. DISCUSSION Land and Water Conservation Fund The City of San Luis Obispo has been a participant in the Irish Hills Conservation Program, a State-led effort to conserve significant portions of the Irish Hills for conservation purposes. Most of the effort in that program is focused on lands adjacent to Montana de Oro State Park. However; portions of the San Luis Obispo Greenbelt are also within the boundaries of the Irish Hills Conservation Program, and Council has supported staff pursuit of grant support for conservation projects within that area We have had significant success in this effort: for example, the Foster property and Johnson Ranch acquisitions benefited from over$1.6 million in State finding support. The 200 acre Filipponi property at the end of Calle Joaquin is another property within this portion of the Irish Hill, and State agencies have indicated good potential for funding support for an acquisition there. The Filipponi family has been receptive to a purchase concept similar to that carried out with the family across Highway 101 two years ago; that is,purchasing those portions of the property with resource and passive recreation values and leaving the more productive agricultural lands in private ownership. The City recently was notified of award to a$100,000 grant from the Habitat Conservation Fund for this project, and the very similar Land and Water Conservation Fund appears as another likely source due to the high resource values of the property and its location within the Irish Hills immediately adjacent to the Johnson Ranch. This is a Federal program that requires a 50% non-Federal match, and the State funds would provide that match. Some local funds may ultimately be needed for the project as well; staff will return to Council with recommendations should that occur. Cts-� o � Council Agenda Report—Authorization for Application for Grant Funds Page 2 State Fisheries Restoration Grant Program This program, generally funded out of State bond proceeds, makes available varying amounts of money for projects that enhance the State's instream habitats, or provides for or improves fish passage into higher quality habitats. The City has recently obtained two grants from this source, one for the dam removal on San Luis Obispo Creek, and one for a stabilization program on the Froom Creek jeep road in Irish Hills Natural Reserve, which is negatively impacting the instream habitat of Froom Creek. Staff has identified two projects that are eligible for this grant support: improvement of the dilapidated fish ladder on Pref imo Creek under Los Osos Valley Road, and fencing installations to exclude livestock from lower Dry Creek and the Forbes Pond area on the Johnson Ranch. Improvements of the fish ladder on Prefnno Creek would supplement other projects being undertaken by the Land Conservancy of San Luis Obispo County improving fish passage elsewhere on Prefumo Creek. The fish ladder is somewhat deteriorated and not functioning well, and by undertaking renovations, the upper reaches of Prefumo Creek, which contain good steelhead habitat, can be more easily reached by the fish. The fencing project would eliminate livestock impacts to the lower reaches of Dry Creek and the area around Forbes Pond, which is considered to be a riparian and wetland area of potentially high quality currently being impacted by livestock grazing. FISCAL IMPACT The grants, if successful, will provide outside funding to support stated habitat conservation and enhancement goals of the City, thus providing a beneficial fiscal effect. Any required matching funds for the Filipponi acquisition would be appropriated at the time a purchase or option agreement with the Filipponis is brought to the Council. For the fisheries grants, the match consists of staff time and costs associated with obtaining permits and administering the project. These expenses are not considered significant. ALTERNATIVES The Council could decide not to pursue the grant monies. This is not recommended as submitting the application does not commit the City to anything; if, however, we choose not to apply we will lose the opportunity entirely. Attachments 1. Resolutions 2. Location Map of Filipponi property 3. Grant Program Summaries G/Havlik/co"cilagenda/environmental grant apps ATTACHMENT t RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING SUBMITTAL OF A GRANT APPLICATION TO THE LAND AND WATER CONSERVATION FUND IN SUPPORT OF THE PROJECT KNOWN AS THE FILIPPONI PROPERTY ACQUISITION WHEREAS,the Congress of the United States has established the Land and Water Conservation Fund, which provides funds to the States for grants to local agencies to acquire and/or develop facilities for public recreation and wildlife habitat protection purposes; and WHEREAS,the California Department of Parks and Recreation has been assigned the responsibility for the administration of a portion of the program within California, including the establishment of necessary procedures governing grant applications by local agencies under the program; and WHEREAS,said procedures 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 to the Land and Water Conservation Fund Grant Program in support of 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. On motion of Councilmember ,seconded by Councilmember ,and on the following roll call vote: AYES: NOES: ABSENT: e� �3 ATTACHMENT Resolution No. (2003 Series) Page 2 The foregoing resolution was adopted this day of 92003. David F. Romero, Mayor ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: Gil Trujillo, Acting City Attorney MACHMEV I RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA FISHERIES RESTORATION GRANT PROGRAM IN SUPPORT OF THE PROJECT KNOWN AS PREFUMO CREEK FISH LADDER UPGRADE WHEREAS, the California Department of Fish and Game ("Department") has requested proposals for the California Fisheries Restoration Grant Program for fishery conservation work throughout the coastal regions of the State of California; and WHEREAS, The City of San Luis Obispo maintains a strong interest in the potential for improvement of salmonid habitat within San Luis Obispo Creek and its tributaries; and WHEREAS, City staff have identified the restoration of the fish ladder beneath the crossing of Los Osos Valley Road on Prefumo Creek as a project with significant potential to support recovery of the threatened southern steelhead. 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 grant funds from the California Fisheries Restoration Grant Program; 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, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 2003. David F. Romero, Mayor ATTEST: APPROVED AS TO FORM: Lee Price, City Clerk it Trujillo, Acting City Attorney RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA FISHERIES RESTORATION GRANT PROGRAM IN SUPPORT OF THE PROJECT KNOWN AS DRY CREEK/FORBES POND EXCLOSURE FENCING WHEREAS, the California Department of Fish and Game ("Department") has requested proposals for the California Fisheries Restoration Grant Program for fishery conservation work throughout the coastal regions of the State of California; and WHEREAS, The City of San Luis Obispo maintains a strong interest in the potential for improvement of salmonid habitat within San Luis Obispo Creek and its tributaries; and WHEREAS, City staff have identified the fencing of an area along Dry Creek and the Forbes Pond within the Johnson Ranch Open Space as a a project with significant potential to support recovery of the threatened southern steelhead. 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 grant funds from the California Fisheries Restoration Grant Program; 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, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of , 2003. David F. Romero,Mayor ATTEST: APPROVED AS TO FORM: Lee Price, City Clerk Gil Trujillo, Acting City Attorney au -� N 4t% N\11 FILIPPONI PROPERTY(subject) A r? JOHNSON RANCH Lill r FILIPPONI ECOLOGICAL RESERI el; 4 1 L CITY OF SAN LUIS OBISPO GREENBELT PROTECTION PROGRAM JOHNSON RANCH FILIPPONI PROPERTY FILIPPONI ECOLOGICAL RESERVE scale 1,200'approx. v ATTACHMENT 3 OVERVIEW OF THE LAND AND WATER CONSERVATION FUND PROGRAM The Land and Water Conservation Fund Program provides funds to federal agencies, and to the 50 states and 6 territories. The money allocated to the states may be used for statewide planning, and for acquiring and developing outdoor recreation areas and facilities. The program, which is administered nationally by the National Park Service (NPS), became effective in January 1965, was initially authorized for a 25-year period, and has been extended for another 25 years, to January 2015. Under the provisions of the California Outdoor Recreation Resources Plan Act of 1967, the expenditure of funds allocated to California is administered by the State Liaison Officer(SLO), who is the Director of the State Department of Parks and Recreation. Funds for the program are derived from federal recreation fees, sales of federal surplus real property, the federal motorboat fuels tax and the Outer Continental Shelf mineral receipts. DESIRIRlMWIV OF F71Nn.0 Not less than 40 percent of the funds available each year are retained by the federal government to be used by federal agencies in acquiring lands for outdoor recreation purposes Generally, the remaining 60 percent is allocated to the 50 states and 6 territories, on a formula basis that takes into consideration population and other factors. The costs of preparing the Statewide Comprehensive Recreation Resources Plan and the State Liaison Officer's Contingency Fund are deducted from California's annual apportionment. The balance of the annual allotment is divided, 60 percent to local agencies and 40 percent to state agencies. State agencies sharing in the funds are the Department of Parks and Recreation (55%), the Wildlife Conservation Board (35%), the Department of Boating and Waterways (5%) and the Department of Water Resources (5%). The local agencies' share of the funds is divided on the basis of population between northern California (40%) and southern California (60%) (see Appendix C, Page 57). ATTACHMENT 3 FI.IGIRLF. AGFNCLES Local agencies eligible to share in the fund are counties, cities, recreation and park districts and special districts with authority to acquire, develop, operate, and maintain public park and recreation areas. Eligible state agencies are designated by law, and identified on the previous page on the Distribution of Funds. FI.IGIRLF PRn IFCTC The LWCF is limited to outdoor recreation purposes, and to indoor facilities which support outdoor recreation activities. The types of projects most often funded by local agencies are acquisition or development of neighborhood, community, and regional parks that include top priority recreation projects or acquisitions of wetlands. (Combination acquisition and development projects are not eligible.) Examples of activities for which competitive projects can be submitted and their priorities are found on page 7. Ineligible for funding are projects such as restoration or preservation of historic structures, construction of employee residences, interpretive facilities which go beyond interpreting the project site and its immediate surrounding area, development of convention facilities, commemorative exhibits, construction of facilities marginally related to outdoor recreation, indoor facilities such as community centers and gymnasiums, and facilities used primarily for spectator sports. Projects funded by state agencies include additions to state parks and recreation areas, wildlife areas, boating facilities, and wetlands projects. LUMRT.4 NT POUTS 1. Property acquired or developed under the program must be retained in perpetuity for public outdoor recreation use. The area to be retained is identified on the 6(f)(3) Boundary Map submitted by the applicant. 2. The state's cost of administering the LWCF Program is paid by a surcharge from each grant. One-half of the state's surcharge is paid by the ,grant recipient. and will be deducted from the reimbursement. 3. This is a reimbursement program. You are expected to finance the entire project. Fifty percent of the actual expenditures up to the support ceiling of the grant will be refunded when the project has been completed. Your original estimate of the project costs will determine the support ceiling. Allow for cost increases. ❑ ❑ at -q ATTACHMENT 3 4. A combination acquisition/development project will not be considered for funding. 5. Conformance with all rules and regulations under the LWCF program is of primary concern. Your project proposal will also be judged on its completeness, its accuracy, and above all, its ability to meet the recreational needs of your constituency. 6. The project must demonstrate evidence of compliance with the National Environmental Policy Act of 1969 (NEPA), and the California Environmental Quality Act (CEQA). Verification that the requirements have been met must occur before your project proposal can be considered eligible for funding. Your proposed project site should be investigated to ensure that there is no toxic contamination that could cause a delay or clean up of the site that would slow down the construction of your grant project. 7. Actual funds for the project are committed to the project after the agreements have been completed between the National Park Service and the state; and between the state and the successful applicant. Do not start your project even after notification of a successful application without approval from the state. 8. If your project is selected by the state, you will be supplied with instructions on how to undertake and complete the acquisition or development. Appraisals or plans and specifications must be submitted within six months after selection, for review and approval by the state. 9. For development projects, plans and specifications must be approved by the state before advertising for bids. 10. You may not take title to project lands, or begin construction, until agreements have been signed and you have received notification of acquisition or development document approval. Any such action, prior to state review and approval of acquisition/development documents, is at the participant's own risk. 11. When an applicant's authorized representative signs the state/local agreement to receive LWCF funds, the applicant is agreeing to the assurances in Appendix B, page 51. CI gum RG: The costs to the state for administering the LWCF program are recovered from participating agencies such as yours and the federal government. Your agency's original estimate of the project costs at the time of application will determine the support ceiling for federal reimbursement. A surcharge will be deducted from the federal reimbursement of project costs before the funds are passed through to your agency. F1 ElCU - IG ATTACHMENT 3 The surcharge has often caused confusion for those who are unfamiliar with the terms of the state/local agreement. The provisions of the agreement clearly allow for a vMing surcharge. The first page of the agreement says that payments are subject to adjustment; and the Project Assurances section III.C.2. of the agreement explains that: "...a surcharge for administrative costs will be applied to twice the federal share of direct eligible project costs. The surcharge is to be deducted from the reimbursements received from the federal government applicable to this project, and will be computed at the federally approved surcharge at the time the billing is submitted to the federal government." The check amount returned to the participant will reflect 50 percent of the eligible project costs identified in the agreement less the applicable surcharge in effect at the time of billing. ❑ ❑ �� - � � ATTACHMENT Fisheries Restoration Grant Program 2003 Proposal Solicitation Notice March 14, 2003 Introduction The Department of Fish and Game (DFG) Fisheries Restoration Grant Program (FRGP) is requesting proposals for watershed restoration work throughout California. The objective of this Proposal Solicitation Notice (Solicitation) is to solicit and fund projects that are consistent with the goal of salmon and steelhead trout conservation and restoration. The FRGP is accepting proposals in two geographic areas; Coastal drainages, and Central Valley drainages. Proposal Due Date In order to be considered for 2003/2004 funding, all proposals submitted by mail must have a U.S. Postal Service postmark no later than May 9,2003. Proposals delivered by any other means(FEDEX, U.P.S.,etc.), including hand-delivery in person, must be delivered no later than May 9,2003,at 3:00 p.m.to the Native Anadromous Fish and Watershed Branch staff at the exact location described below, or they will be rejected. You must provide 15 copies of each proposal. For Mailing or Hand Delivery: Grant Proposals CA Department of Fish and Game Native Anadromous Fish and Watershed Branch 830 S Street Sacramento, CA 95814 In addition to the required hard copies, an electronic copy of your proposal may be submitted to kkarcher(d)dfg.ca.gov. Eligibility Criteria Any private or public entity with an interest in salmon and steelhead trout conservation and restoration may apply. This includes, but is not limited to (1) Public agencies, (2)Non-profit organizations, (3) Private enterprises, and (4) Indian tribes. General Guidelines Please read this Solicitation document carefully. It is a legal document. Proposals submitted must be in full compliance with all stated requirements in this Solicitation.. Forms used in this Solicitation can be found and downloaded in MS Word or PDF format on the Internet at www.dfg.ca.gov/nafwb/fiishgrant.htm1. The Application Form (Appendix A), must be submitted in hard copy with all other elements of the proposal package. In addition to the required hard copies,the Application Form can also be submitted electronically to expedite data input into our grants database. Proposal sponsors are encouraged to work closely with local DFG fishery biologists and fish habitat specialists in the planning and development of proposals, well in advance of proposal deadlines to allow time to evaluate site conditions. See Appendix C for a list of DFG contacts. Funding for proposals submitted under this Solicitation are subject to availability of funds and approval of the Budget Act for 2003/2004 Fiscal Year. 1 ATTACHMENT 3 Project Types The proposal application must.identify the project type that describes the proposed project. DFG has developed a two-letter coding system for various types of projects. A list of these two-letter codes is shown below and described in more detail in Section III (pages 8-16); the codes are used throughout this Solicitation to represent restoration project types. Funding for anadromous fish restoration work in Coastal Drainages (outside the Central Valley drainage)is limited to the project types indicated below. Funding for anadromous fish restoration work in the Central Valley is limited to the four project types indicated below. Specific details, requirements, and funding for each are explained later in this document. Coastal Drainages Central Valley AC AmeriCorps Program only ED Public School Watershed and Fishery CC California Conservation Corps only Conservation Education Projects CF CA Forest Improvement Program HI Instream Habitat Restoration ED Public School Watershed and Fishery PM Project Maintenance Conservation Education Projects RE Cooperative Rearing FL Fish Ladder HA Habitat Acquisition and Conservation Easements HB Instream Barrier Modification HI Instream Habitat Restoration HR Riparian Restoration HS Instream Bank Stabilization HU Watershed Restoration (Upslope) MD Monitoring Projects(Data) MO Project Monitoring Following Project Completion OR Watershed Organization Support and Assistance PL Watershed Evaluation,Assessment, and Planning PM Project Maintenance RE Cooperative Rearing SC Fish screening of Diversions TE Private Sector Technical Training and Education Project Grants TW Tailwater Management WC Water Conservation Measures(Ditch Lining, Piping, Stock Water Systems) WD Water Measuring Devices (Instream and Water Diversion) WP Water Purchase 2