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HomeMy WebLinkAbout01/06/2004, C5 - AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROG council l- u-o j acEnaa nEpont C I T Y O F SAN LU I S O B I S P O FROM: Wendy George,Assistant City Administrative Officer 4� Prepared By: Neil Havlik,Natural Resources Manager SUBJECT: AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM(EEMP) CAO RECOMMENDATION Adopt a resolution authorizing staff to complete and submit an application for grant monies in the amount of$250,000 from the Environmental Enhancement and Mitigation Program (EEMP), to be used in support of acquisition of the Ahearn property at Stagecoach Road and Highway 101. DISCUSSION Mr. Dennis Ahearn of San Luis Obispo is the owner of an approximately 610-acre ranch in the upper watershed of San Luis Obispo Creek. A portion of this property is within the City's identified greenbelt; however, most of it lies within the boundaries of Los Padres National Forest. It is bisected by Highway 101 (Attachment 1) 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 some time ago, and with Council support staff has been pursuing a wide variety of funding sources for the project. These include the EEMP, which is administered by the California Department of Transportation and provides funding support for conservation projects with a nexus to transportation. City staff consider the Ahearn property to be a good candidate for this funding source, due to the fact that U. S. Highway 101 literally bisects the property, (1) providing a very scenic entry into the San Luis Obispo area, and(2)contributing to some significant runoff and water quality problems which affect San Luis Obispo Creek. There is also the historic aspect of parts of the old highway which are still intact, as well as the route of the Juan Bautista DeAnza National Historic Trail. Because of these numerous points of nexus with transportation, staff is requesting authorization to seek grant support from the EEMP in its current grant cycle. Appraisal of the property was completed in early 2002 and determined a fair market value of $2,650,000 for the property. As Council members are aware, the Congress has appropriated $1,500,000 to the project through the conduit of the U.S. Forest Service. The appraisal is currently being updated to meet requirements of the Federal government.. FISCAL IMPACT The grant, if successful, will provide outside funding to support City and Forest Service acquisition of the property, thereby providing a beneficial fiscal effect. In fact, staff believes that this is the final amount needed to complete the funding package; other funds are in the process of being committed to the project from the County and from the State Coastal Conservancy. City staff are working with Mr. Ahearn on details of the transaction, which will be reported to the Council in Council Agenda Report- Authorization to Apply for Grant Funds Page 2 greater detail as the project becomes more fully developed this winter. Staff is confident that the funding needed to complete the project will be available, given the project's numerous nexuses. The application deadline for this round of the EEMP was December 19, 2003. EENT rules permit "late" authorizations by applicants due to meeting schedules, and this item was originally scheduled for consideration at the cancelled December 16, 2003 meeting. Therefore the passed deadline is not really an issue. We expect to be notified about the success of the grant by April. If the application is successful, formal contracting with Cal Trans would take place in summer 2004, after adoption of the 2004-2005 State budget, and the funds should be available by September. 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. Location Map 2. Grant Program Summary 3. Resolution G/Havlik/coancilagenda/aheam EEMP app 1��,,/���,Y ATION t / \ D ./651 .1 1, ] •` iP� \ .1 It .195 \ V. ' sa hyl r P ki: m it 1 ."- 1.•K y%' \ �t 2166 em toga /<B61C 11107 tl CO ti. N. Ocp t A a1•110W z \\ ',t�\ �� y`Py'�,1A ( �.,•� Wit.:-, eoo � 'e`b 3 v951 Spring I )) t I Y 2f \ 9 0011 1 2. j2."A 101 h '` 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. o;"3 ATTACHMENT 2 RESOURCES AGENCY- 14)., Ninth Street, Suite 1311 State of California Sacramento, California 95814 (916) 653-5656 ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM PROCEDURES AND CRITERIA 2004-2005 Grant Cycle 1. GENERAL INFORMATION 1-1. Purpose and Authority These procedures and criteria guide the evaluation and selection of projects under the Environmental Enhancement and Mitigation (EEM) program. This program, as provided by Streets and Highways Code Section 164.56, authorizes the allocation of up to $10 million each year for grants to State, local and federal governmental agencies and non-profit organizations to mitigate the environmental impacts of modified or new public transportation facilities. In the EEM Program, the Resources Agency (Agency) prescribes procedures and criteria to evaluate grant proposals. Based on its evaluation, the Agency prepares and submits a list of proposals recommended for funding to the California Transportation Commission (CTC). The CTC annually awards grants to fund proposals from the Agency's list. 1-2. Eligible Applicants Any State, local or federal agency or 501(c)(3) non-profit entity may apply for and receive grants. The agency or entity is not required to be a transportation or highway related organization, but must be able to demonstrate adequate charter or enabling authority to carry out the type of project proposed. Two or more entities may participate in a project with one designated as the lead agency. 1-3. Implementation Timeline. Applications for funding in the 2004-05 fiscal year (July 1, 2004 through June 30, 2005) must be postmarked.no.later than Friday, December 19. 2003 or delivered to the Resources Agency by 5 p.m. that day. The Agency will send a list of recommended projects and funding amounts to the CTC by April 15, 2004 and notify all applicants of the status of their projects. In July 2004, it is anticipated that the.CTC will give preliminary approval to projects to be funded, with funding allocations to be considered at that time or at a subsequent CTC meeting. The Department of Transportation (Caltrans) executes and administers a contract with each approved grant applicant that is officially called the "Applicant-State Agreement" (referred to as "Agreement" hereinafter). The Agreement is the instrument through which the applicant receives reimbursement-for project costs. After the CTC approves funding for an EEM project, Caltrans sends the applicant a proposed Agreement. If the proposed Agreement isnot returned to Caltrans within 90 EEM Procedures and Cnceria _ ATTACHMENT 2 September 2003 Page 2 calendar days of issuance. Caltrans will contact the applicant to determine.if the project remains viable and if the.Agreement will be executed prior to March 31. If Caltrans determines that no Agreement will likely be executed by March 31, Caltrans will retract the offered Agreement and will offer an Agreement to the next highest applicant in priority to execute its Agreement by June Environmental clearance documents for Agency recommended projects are required by the CTC and must be submitted to the CTC in May 2004 for projects to be considered at the July 2004 meeting. Projects without environmental clearance documents will not be considered for funding. Grant funds should be expended as soon as possible after the CTC allocation for the project. If the applicant cannot submit its first invoice for reimbursement to Caltrans by May 31, 2005, the applicant must submit an official statement of project progress to Caltrans by May 31, 2005 appropriate to the project that provides solid assurances that the project will be completed prior to April 30, 2007. Solid assurance includes but is not limited to: project advertisement or firm advertisement schedule, entry into escrow for acquisitions, date project plans will be completed, date of receipt from a specified entity of other needed funding for the project, etc. Please note, all expenditures must be made within three fiscal years and the final invoice submitted to Caltrans by April 30, 2007. 1-4. Proiect.Magnitude Grants for individual project are generally limited to $250,000. However, the Resources Agency may recommend awards exceeding the $250,000 guideline for acquisition projects only, based on the consideration of unique or unusual factors, including, but not limited to, maximum benefits in a one-time or limited opportunity, acquisition of resource lands of a considerable size, substantial leveraging, and/or projects with high statewide significance. 1-5. North/South Split In accordance with the provisions of Section 187 and 188 of the Streets and Highways Code; an attempt will be made to allocate 40 percent of the total amount recommended to projects in northern counties and 60 percent of the total amount to projects in southern counties. The southern counties are: San Luis Obispo, Kern, Mono, Tulare, Inyo, Santa Barbara, Ventura, Los Angeles, San Bernardino, Orange, Riverside, San Diego, and Imperial. For purposes of this north/south split, all other counties are considered northern counties. Gs ' - ATTACHMENT 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 16456 OF THE STREETS AND HIGHWAYS CODE FOR THE PROJECT KNOWN AS AHEARN PROPERTY ACQUISITION WHEREAS, the Legislature of the State of California has enacted AB 147 (Chapter 106 of the Statutes of 1989), which is intended to provide $10 million annually for grant funds to local, State, and Federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS, the Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Resources Agency require a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS,the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, 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 Environmental Enhancement and Mitigation Program for grant assistance for the above project; and 2. Certifies that said applicant will make adequate provision for operation and maintenance of 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. CS to ATTACHN 3 Resolution No. Page 2 On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed adopted this 6th day of January 2004. David F. Romero,Mayor ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: Jon h owell, City Attorney n