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HomeMy WebLinkAbout01/08/2008, C6 - AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROG council 1$2008 j acEnoA Repoat mN , CITY OF SAN LU I S O B I S P O FROM: John Mandeville, Community Development Direcr Prepared By: . Kim Murry, Deputy Director, Community Develop t 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 the City Administrative Officer or his designee to complete and submit an application for grant monies in the amount of $350,000 from the Environmental Enhancement and Mitigation Program (EEMP) to be used for construction of a wetland, interpretive kiosks, and a minor route addition to a portion of the Bob Jones City to Sea Bike trail. DISCUSSION The EEMP Program, provided by Streets and Highways Code Section 164.56, authorizes up to $350,000 in funds to government agencies and non-profit organizations to mitigate environmental impacts associated with a modified or new public transportation facility. The EEMP program is not intended to fund mitigations that are required to address direct impacts as part of the environmental review of a transportation project, but rather are to be used to provide enhanced mitigation for a qualifying project. The proposed improvements to the Highway 101/Los Osos Valley Road Interchange qualify as a "new or modified public transportation facility" for purposes of this grant. Caltrans has prepared an Initial Study for the project and expects to determine that a Mitigated Negative Declaration (in draft form at this time) is appropriate to reflect that the project, with mitigations, will not have a significant - adverse effect on the environment. The proposed improvements associated with a section of the Bob Jones City to Sea bike trail were identified as an appropriate and eligible project for this grant. The improvements include creation of a wetland area, construction of an interpretive kiosk, and a spur trail to a wildlife viewing station on the City-owned property adjacent to the sewer treatment plant. While the required mitigations for the interchange impacts are envisioned to be implemented on the interchange site, this project will provide additional acreage of a wetland area which accommodates the same vegetation and habitat types that will be impacted by the transportation project; thus qualifying as "enhanced mitigation". 1. The grant is competitive and is evaluated on a project's merits under a point system that considers both general criteria and project-specific criteria. The deadline for submitting the grant was November 30, 2007, and hence the EEMP grant application EEMP Grant Request Page 2 had to be submitted prior to the Council action. The process allows for submittal of an authorizing resolution after the application submittal in recognition of challenges in meeting both the submittal and Council agenda deadlines. While the recommendation being considered is occumng after the grant application has been submitted, the resolution that is a part of the application submittal is still necessary and timely. CONCURRENCES Public Works and Community Development staff and the Natural Resources Manager all support this request for the intended project. FISCAL IMPACT The EEMP grant, if successful, will provide outside funding to support the City in meeting an unmet capital project need thereby providing a beneficial fiscal effect. The wetland creation, interpretive kiosk, and minor trail addition identified as the most appropriate project for use of this funding provides a community benefit. The staff costs of applying for and administering the EEMP grant are minimal. 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 2008 and the funds should be available to reimburse the City for associated expenses by September. ALTERNATIVES 1. The Council could direct the EEMP funds to another eligible project. The Natural Resources Manager, Community Development and the Public Works Departments do not support this alternative because the Bob Jones City to Sea bike trail project meets the qualifying criteria as well as the timeliness needs of the grant program. 2. The Council could choose not to authorize submission of an application under this program. Staff does not recommend this alternative as the grant will assist the City in completing this portion of the trail with the enhanced improvements that were not funded as part of the original project ATTACHMENTS 1. Location Map 2. Grant Program Summary 3. Resolution G:\CD-PLAN\1KMURRY\Grants\CAR EEMP Grant.DOC Ccs -� Attachment 1 . � ra 3, p New earthen berm installed b4 J in October 2007. T ' g A.. Proposed spur of the Bob Jones Bike Trail with Bob Jones Bike Trail y �i viewing station. ' i ✓ LL,� J ,• 3333 r�1 s�/. s / Y h'• // ( f y F.y J' Proposed wetland expansion area. `CIN C � �3 Attachment 2 S T A T E O F C A L I F O R N I A ARNOLD SCHWA RYENEGGER, Governor /11 111Wr MIKE CHRISMAN, Secretary re S 0 " I %I., e S A G E N C Y FOR IMMEDIATE RELEASE CONTACT: Charles Chung September 26, 2007 (916) 654-9923 RESOURCES AGENCY ANNOUNCES ENVIRONMENTAL ENHANCEMENT AND MITIGATION GRANT PROGRAM FOR 2007/08 The final application submission date is Friday, November 30, 2007 SACRAMENTO—California Secretary for Resources, Mike Chrisman announced today that applications are being accepted for the 2007/08 grant cycle of the Environmental Enhancement and Mitigation(EEM) Program. The program offers grants to local, state, and federal governmental agencies and nonprofit organizations for projects to mitigate environmental impacts caused by new or modified state transportation facilities. Grants generally will be limited to $350,000 per project. Grants are given in three categories: • Highway Landscape and Urban Forestry -- Projects designed to improve air quality through the planting of trees and other suitable plants. • Resource Lands -- Projects for the acquisition, restoration, or enhancement of watersheds,wildlife habitat, wetlands, forests, or other significant natural areas. • Roadside Recreational --Projects for the acquisition and/or development of roadside recreational opportunities. Applications for the 2007/08 grant cycle must be received by the Resources Agency no later than 4 p.m. Friday, November 30, 2007. The Resources Agency will submit a list of recommend projects to the California Transportation Commission(CTC) for funding consideration and for public notice at their February 2008 meeting. It is anticipated that the CTC will adopt the list of projects to be funded in March 2008. EEM program application packets, which include minimum requirements,project evaluation criteria, typical questions and answers, and a sample Caltrans project agreement, are available from the Resources Agency, 1416 Ninth Street, Suite 1311, Sacramento, CA 95814 or by contacting the EEM Program Coordinator, Charles Chung at(916) 654-9923 or email charies.chung@resources.ca.gov. -30 - '416 Ninth Street,Suite 1311, Sacramento, CA 95814 Ph. 916.653.5656 Fax 916.653.8102 http;//resources.co.gov —".'--- ---------. ........,... .......—.___._._. ............_.__......_.._..--------'__.............. ..............-----_.._---------- Saldwin Ni!!s Canzervnncy•Cafi/orn;a Say-Delia Authority•Catilo,rin Cooa:o!Commission•Coldorma Cuomo!C,sevancy-CPUfC{Ria Cenwrvoiian Corps•=ahlamia Tahoe consevaney Coahele l'u�tyAtountairts iortsttvanry-Cobmdo RirerSoard o!Coti(arnla•DeltaPmretion Commission•Depertmm:olSaatiag S t4aterxvys-Depwtmenro(Conscrvatlan Orpartmmr a(Fisn&Game-Deponmm!olForestry&Fire Protection•Deportment o!Parhs 5 Recneotfon-Department of Etter Resources-Enemy riesoorcm Can;ara::on 6 Denhopmcnrcommission No:rveAmerimn 4ertmgeCcmnJxsioe•srtn Diega River Conservnrvy•sun rrancsw Sny Censenmian S Dwela;nnera Commiss7an San Gabde?&Lowerl mkiiples RArersf.NoanCalns ConsmanySonloaglan River Conservancy saniamoniw MoUnbros Conservoncy•siemm Nevada ConservmKy state l.^•nas Commisnon•wob!e CommaYon Board 60 ae -4 T t A t $ � J C N l R YeSO1.WCO - Attachment 2 A G E h! C Y ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM PROCEDURES AND CRITERIA 2007-2008 Grant Cycle 1. GENERAL INFORMATION 171... 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 reimbursement grants to fund proposals from the Agency's list. 1-2. Eligible Applicants Any State, local, federal or 501(c)(3) non-profit entities 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 2007-08 fiscal year(July 1, 2007 through June 30, 2008) must be received by 4:00 p.m. on, Friday, November 30, 2007. Direct all inquires, correspondence and grant applications to: Resources Agency Attn: EEM Program Coordinator 1416 Ninth Street, Suite 1311 Sacramento, CA 95814 The Agency will send a list of recommended projects and funding amounts to the CTC by early 2008. In early spring 2008, 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 Rescurces agency—Environmental Enhancamemt and Mitigation Program Page:1 -� Attachment 2 proposed Agreement. If the proposed Agreement is not returned to Caltrans within 30 calendar days of issuance. Caltrans will contact the applicant to determine if the project remains viable. If Caltrans determines that no Agreement will likely.be executed by June 2008. Caltrans will retract the offered Agreement and will offer an Agreement to the next highest applicant in priority. Environmental clearance documents for Agency recommended projects are required by the CTC and must be submitted to the CTC by February 15, 2008 for projects to be considered at the March 2008 meeting. Projects without environmental clearance documents will not be considered for funding. Grant funds should be expended as soon as possible after an applicant-State agreement is in place. If the applicant cannot submit its first invoice for reimbursement to Caltrans by one year from the date of the execution of the applicant-State agreement, applicant will submit a statement of project progress appropriate to the project that provides real assurances that the project will be completed prior to April 30, 2010. 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. 1-4. Project Magnitude Grants for individual project are generally limited to $350,000. However, the Agency may recommend awards exceeding the $350,000 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. 1-6. Project Funding No matching funds are required for the EEM Program. However, if the applicant is or is planning to obtain funding from the proposed EEM Program, each source of funds must be shown in the applicant's budget display. If funding will be coming from other grants. especially State of California bond funds the applicant must identify each source separately and specify the amount of funding and its proposed use in the application's budget display. Applicants must also explicitly describe the status of these grant funds, i.e., have they been granted, applied for but awaiting the granting agency's decision, to be applied for in the future, etc. Resources Agency—Enviranmenta I Enhancement and Mitigation Program Pager CkP - Co Attachment 3 RESOLUTION NO. (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE FOLLOWING PROJECT: BOB JONES BIKE TRAIL ENHANCEMENTS WHEREAS, the Legislature of the State of California has enacted AB 471 (Chapter 106 of the Statutes of 1989), which is intended to provide$10 million annually for a period of 10 years 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 the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the environmental enhancement and mitigation project; NOW, THEREFORE,BE IT RESOLVED that the Council of the City of San Luis Obispo: 1. Approves the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance. 2. Certifies that said applicant will make adequate provisions for operation and maintenance of the project. 3. Appoints Ken Hampian, City Administrative Officer as agent of the City of San Luis Obispo, to represent the City in this application. C — ' 1 R Attachment 3 Resolution No. (2008 Series) Page 2 Upon motion of seconded by , and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 2008. Mayor David F. Romero ATTEST` Audrey Hooper City Clerk APPROVED AS TO FORM: Jo Athan . Lowell City Attomey c� - g