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HomeMy WebLinkAbout09/16/2003, C4 - AUTHORIZATION TO APPLY FOR ENVIRONMENTAL GRANT MONIES FROM THE STATE HABITAT CONSERVATION FUND AND cM°� °�° council Acjenba Re ont '°°mnumba C I T Y OF SAN L U IS O B I S P O FROM: Wendy George,Assistant City Administrative Officer Prepared By: Neil Havlik,Natural Resources Manager SUBJECT: AUTHORIZATION TO APPLY FOR ENVIRONMENTAL GRANT MONIES FROM THE STATE HABITAT CONSERVATION FUND AND RECREATIONAL TRAILS PROGRAM IN SUPPORT OF ACQUISITION OF UNION PACIFIC RAILROAD COMPANY PROPERTIES ON CUESTA RIDGE CAO RECOMMENDATION Adopt resolutions authorizing staff to complete and submit applications for grant monies in the amount of$120,000 from the State Habitat Conservation Fund and $120,000 from the Recreational Trails Program, which would be used in support of acquisition of the Union Pacific Railroad Company properties (two parcels) on Cuesta Ridge in Los Padres National Forest. DISCUSSION In 2000, the City of San Luis Obispo purchased 49 acres of land in Stenner Canyon from the Union Pacific Railroad. This was one of four parcels in the area owned by the railroad and available for sale at that time. It was hoped that the United States Forest Service would purchase two other nearby railroad parcels, but for various reasons they were unable to do so. The two parcels—one of 77 acres, the other 86 acres—lie within the boundaries of Los Padres National Forest and contain features of significant scenic and environmental values, as well as being important parts of an informal recreational trail network chiefly used by local mountain bike enthusiasts. The fourth parcel lies within the boundaries of Camp San Luis Obispo and due to that location has not been part of any purchase discussions. The 77 acre parcel is adjacent to the 49 acre parcel purchased by the City in 2000. This parcel contains a heavily used recreational trail which continues onto the City property and then on to Cal Poly lands. The property includes several significant springs which continue onto the City parcel and form the headwaters of Stenner Creek. The 86 acre parcel lies about '/z mile to the north and consists primarily of serpentine soils known to contain many of the rare plants endemic to our local serpentine sites, plus the edges of the Sargent cypress forest that occurs on this portion of Cuesta Ridge. The property also includes a well used recreational trail which continues across existing Forest Service lands and onto the City parcel. There has been strong interest in purchasing these parcels by the local mountain bike community, and recently City staff was approached about facilitating that possibility. Investigation determined that there are two grant sources available to fund the acquisition: Habitat Conservation Fund and Recreational Trails Fund. Both grant programs are administered C4 Council Agenda Report Authorization to Apply for Grant Funds Page 2 by the State Department of Parks and Recreation, and both have October 1 deadlines for the current round of applications. A recently completed appraisal found a fair market value of the two parcels to be $237,000. Representatives of the railroad company have indicated interest in disposing of the property, and it is for these reasons that City staff recommend pursuing the transaction. The properties lie just outside the currently delineated greenbelt, but within the modified greenbelt boundary approved in concept by the City Council in July. The 77 acre parcel is in the Stenner Creek watershed; the 86 acre parcel is about'/2 in the Stenner Creek watershed and 1/2 in the Chorro Creek watershed. The City of San Luis Obispo will function in this project as a facilitator, and the property will ultimately pass into the ownership of the Federal government (i.e., U.S. Forest Service). FISCAL IMPACT The grants wi11 provide a positive fiscal impact by supporting important community goals—open space preservation and recreational trails—by the use of grant funds with only minor City expenses. There would not be any long-term expenses either, since, as noted above the project concept calls for transfer of the property to the U. S. Forest Service. ALTERNATIVE The Council could decide not to proceed with the applications. This is not recommended since the applications themselves do not commit the City in any way, and because only small amounts of City funds will be needed to complete the projects if the grants are successful. Pursuing other projects is not feasible at this time, as there are no other projects which have reached a point of clarity in scale or cost that could be effectively pursued. This includes the Railroad Safety Trail, which would be an excellent candidate for funds once the project costs for the next phase are more definitively identified. Attachments 1. Location Map 2. Grant Program Summaries 3. Resolutions gAurvlik/munctlagenda/uprr grant apps M'(,e A, BM gine. Nck and Shovel T �e, (KSBY) O, , M L C esta 3 it W 50� % 0-ok ACI 4' = 0, lk % 52 ITA) 15 Pcl. 2 Y SP V Pc/. 1 195 .it ".3 asoldly Greenbelt Boundary rIBM IN, I.--, 9 9 0 0 -,,-\R E R 0 dw J/ Serrano m \N, 797 IT"S 720 J 'IOW D E 212 \t am 1024 PCL 1-49 acres purchased by Cifyin 2000 N, PCI. 2-77 acres(subject) Chor Pcl 3—86 acres (subject) Pcl 4-151 acres within Camp SLO; not a part Qj CITY OF SAN LUIS OBISPO Greenbelt Protection Program Union Pacific Railroad Company Property Scale 1"=2,000' ATTACHMENT Z_ 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-to-day 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 Planning and Local Services Section 1416 Ninth 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. CALIFORNIA STATE PARKS-LOCAL ASSISTANCE OFFICE PAGE 2 C�i 1 ATTACHMENT 2 IMPORTANT POINTS 1. Funding C rmlec- 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. 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. 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 he 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. 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 EXCEPTIONS-KEEP AC'C'.ITRATF RF.0 ORD.9 OF AT I F.XPRNDM TRFS. CALIFORNIA STATE PARKS-LOCAL ASSISTANCE OFFICE PAGE 3 �� ATTACHMENT 2 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. E ie i&ApaU=nts 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. E`' ertc The following types of projects are eligible: ACQ111.STTION 0F• 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. 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 CALIFORNIA STATE PARKS-LOCAL ASSISTANCE OFFICE PAGE� ATTACHMENT,z findings to the entity making the submittal and to the Department of General Services. F.NHANC'F.MFNT 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 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 include those proposals designed to provide opportunities for urban residents to use park and wildlife areas. Programs also include nature interpretation programs that are designed to increase the peoples' awareness and appreciation for park and wildlife resources. Matching Re4izirementc 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.. ' Subdivision (a)of Section 5929 of the Public R .co ur. c rnria CALIFORNIA STATE PARKS-LOCAL ASSISTANCE OFFICE PAGE 5 C,4 ATTACHMENT 2., INTRODUCTION The Recreational Trails Program (RTP) provides funds for recreational trails and trails- related projects. The procedural guide contains program information and application materials. The guide may be viewed at the Department's webpage at www.cal- parks.ca.gov. The RTP is administered, at the federal level, by the Federal Highway Administration (FHWA). It is administered at the state level, by the California Department of Parks and Recreation (DPR). Nonmotorized projects are administered by the Department's Planning and Local Services Section. Motorized projects are administered by the Department's Off-Highway Motor Vehicle Recreation Division. For nonmotorized projects, send applications and/or correspondence to: California Dept. of Parks and Recreation Planning and Local Services Section P. O. Box 942896 Sacramento, CA 94296-0001 Telephone (916) 653-7423 FAX (916) 653-6511 For the motorized projects, send applications and/or correspondence to: California Dept. of Parks and Recreation Off-Highway Motor Vehicle Recreation Division (Address same as above) Telephone (916) 324-1573 FAX (916) 324-1.610 DISTRIBUTION OF FUNDS Nationwide, $30 million is available for Federal Fiscal Year 1998, $40 million in Fiscal Year 1999 and $50 million a year for Fiscal Years 2000 through 2003. California's share is expected to be approximately $2 million in FY1998, $2.7 million in FY1999, and $3.5 million in FY2000 through FY2003. For non-motorized projects, seventy percent(70%) of the funds received by California will be available on a competitive basis to cities, counties, districts, state agencies, and nonprofit organizations with management responsibilities over public lands. At least one-half of the funds for non-motorized trails will be available only to cities, counties, districts and nonprofit organizations with management responsibilities over public lands. For motorized projects, thirty percent (30%) of the funds will be available on a competitive basis to cities, counties, districts, state agencies, and nonprofit CALIFORNIA STATE PARKS-LOCAL ASSISTANCE SECTION PAGE 1 ATTACHMENT 2 organizations with management responsibilities over public lands. Each state shall allocate not less than 40 percent (40%) of the moneys received to trails that provide for diversified trail use. Diversified trails provide for the greatest number of compatible uses ar innovative recreational trail corridor sharing to accommodate motorized and nonmotorized recreational trail use. FILIGIBLIF APPLICANTS Cities, counties, districts, state agencies and nonprofit organizations with management responsibilities over public lands are eligible. A nonprofit organization is deemed to have management responsibilities over public lands when a written agreement exists between the nonprofit organization and a public land management agency that identifies the nonprofit organization's responsibilities over public lands to include either planning, development or construction, acquisition, operations, or maintenance of trails or trails related facilities. Applicants must have adequate tenure to the property to be improved with grant funds, either by ownership, lease, or other long-term interest in the property. The length of the tenure must be sufficient to complete the project and to meet the program requirements for ongoing maintenance and operations. For capital expenditure projects (permanent additions or improvements to property), the total tenure requirements are ten years for grants of less than $100,000, fifteen years for grants between $100,000 and $200,000, and twenty years for grants over$200,000. With the approval of the California Department of Parks and Recreation, the applicant may transfer the responsibility to maintain and operate the property to a public agency. If the applicant's tenure is less than the time required, the public agency that assumes operations responsibility for the remaining time must do so in writing. For non-capital expenditures projects (maintenance, equipment purchase, safety education), the length of the applicant's tenure, if applicable, must be sufficient to complete the proposed project and justify the investment of grant funds. For equipment purchases over $30,000, the tenure requirement is ten years. Only motorized projects are eligible for non-capital expenditures. PERMISSIBLE IJSES Under the RTP, funds may be used for: 1. Maintenance and restoration of existing recreational trails; * (motorized projects) 2. Development and rehabilitation of trailside and trailhead facilities and trail linkages for recreational trails; 3. Purchase and lease of recreational trail construction and maintenance CALIFORNIA STATE PARKS-LOCAL ASSISTANCE SECTION PAGE 2- ATTACHMENT ,2 equipment; * (mororized projects) 4. Construction of new recreational trails, except that, in the case of new recreational trails crossing Federal lands, construction of the trails shall be: (a) permissible under other law; (b) necessary and required by a statewide comprehensive outdoor recreation plan that is required by the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460/4 et seq.) and that is in effect; (c) approved by the administering agency of the State designated under subsection ( c )(1); and (d) approved by each Federal agency having jurisdiction over the affected lands under such terms and conditions as the head of the Federal agency determines to be appropriate, except that the approval shall be contingent on compliance by the Federal agency determines to be appropriate, except that the approval shall be contingent on compliance by the Federal agency with all applicable laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 1600 et seq.), the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq), and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et. seq.) 5. Acquisition of easements and fee simple title to property for recreational trails or recreational trail corridors; 6. Operation of educational programs to promote safety and environmental protection as those objectives relate to the use of recreational trails, but in an amount not to exceed 5 percent of the apportionment made to the State for the fiscal year. * (motorized projects) State law, Chapter 964, places further limits on the use of funds for non-motorized trails. At least one-half of the funds for non- motorized trails shall be grants to cities, counties, districts, and nonprofit organizations for the acquisition and development of new trails and reconstruction and relocation of existing trails. Maintenance (at #1), purchase of equipment (at #3), and educational programs (#6) are, therefore, not permissible uses for non-motorized projects. USES NOT PERMITTFD 1. Condemnation of any kind of interest in property; 2. Construction of recreational trails on Bureau of Land Management or National Forest System lands for motorized use unless such lands; CALIFORNIA STATE PARKS-LOCAL ASSISTANCE SECTION PAGE 3 ATTACHMENT 2 (a) have been allocated for uses other than wilderness by an approved agency resource management plan or have been released to uses other than wilderness by an Act of Congress, and (b) such construction is otherwise consistent with the management direction I in such approved land and resource management plan; 3. Upgrading, expanding or otherwise facilitating motorized use or access to trails predominantly used by non-motorized trail users, and on which, as of May 1, 1991 motorized use is either prohibited or has not occurred. 4. RTP funds are not to be used for improvements to roads and/or bridges generally accessible by low clearance passenger vehicles (regular passenger cars) nor for paths and sidewalks adjacent to public roads and streets. IMPORTANT POINTS 1. Project costs are eligible only if they are incurred after the project has been approved and the funds are appropriated in the State Budget. After approval, you should wait until you receive a fully executed contract before starting your project. 2. Projects that involve new construction or renovation of facilities must provide access in accordance with the Americans with Disabilities Act (ADA). 3. All applications shall comply with the National Environmental Policy Act of 1969 (NEPA), California Environmental Quality Act of 1970. (CEQA), the National Historic Preservation Act of 1966, and the Endangered Species Act of 1973. 4. Grant funds will be paid on a reimbursement basis. 5. The RTP requires a match. The share attributable to RTP may not exceed 80 percent of the cost of the project. Funds from federal sources, other than the Department of Transportation, may be attributed to the project, which could bring the total federal share to 95 percent. The grant.recipient must provide the remaining project amount from a non-federal source. 6. Property acquired under the program must comply with provisions of Chapter 16, Sec. 7260 of Div. 7, et seq. 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. Up to 20% of the grant amount may be expended for nonconstruction costs such as preparation of plans and specifications, acquisition documents, and directly CALIFORNIA STATE PARKS-LOCAL ASSISTANCE SECTION PAGE 4 ATTACHMENT .z related administration costs. 9. The funding for your project cannot be changed to a different site without DPR approval. 10. This program is subject to the Single Audit of 1984. AVOID AUDIT EXCEPTIONS - KEEP ACCURATE RECORDS OF ALL EXPENDITURES. APPLICATION PROCEDURES When to Apply Applications for the next funding cycle must be postmarked or delivered to the address(s) shown on page 1 no later than October 1, 1999. Thereafter, the annual application deadline will be the first business day in October, through FY 2002. What to Submit A complete application consists of one copy each of the items listed on the back of the Application Form (Appendix A). The justification for the project is addressed in the project proposal (Appendix B). Selection and Notification DPR will review each project application, and make final recommendations for selection. Applicants will be notified of the final selections approximately three months after the application deadline. Match Req uiL rement The share attributable to the RTP may not exceed 80 percent. However, funds from federal sources other than the Department of Transportation may be attributable to the project, bringing the total federal share allowable to 95 percent. The local match must be from a non-federal source. The local match may include local, state, or private funds, as well as materials and services. CALIFORNIA STATE PARKS-LOCAL ASSISTANCE SECTION PAGE 5 T I� ATTACHMENT 3 RESOLUTION NO. (2003 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 2004-2005 UNDER THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 IN SUPPORT OF ACQUISITION OF THE UNION PACIFIC RAILROAD COMPANY PROPERTY ON WEST CUESTA RIDGE 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 Union Pacific Railroad Company property on West Cuesta Ridge 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. �� 13 ATTACHMENT 3 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 , 2003. David F. Romero, Mayor ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: Lo , City orney if-� I ATTACHMENT 3 RESOLUTION NO. (2003 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM IN SUPPORT OF THE ACQUISITION OF THE UNION PACIFIC RAILROAD COMPANY PROPERTY ON WEST CUESTA RIDGE WHEREAS, the Transportation Equity Act fir the 215` Century provides funds to the State of California for grants to State, local agencies and non-profit organizations to acquire, develop, and/or maintain motorized and non-motorized trail projects; 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 to complete 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 Recreational Trails Program in support of the acquisition of the Union Pacific Railroad Company property on West Cuesta Ridge for purposes of trail use as well as wildlife habitat protection and enhancement; and 2.. 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 the project; 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. ATTACHMENT 3 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 , 2003. David F. Romero, Mayor ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: onathan P. Lowe , City AnKney