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Home My WebLink About06-16-2015 C8 Authorize Open Space GrantsCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Michael Codron, Assistant City Manager Prepared By: Robert A. Hill, Natural Resources Manager SUBJECT: AUTHORIZE GRANT APPLICATIONS FOR OPEN SPACE ACQUISITION RECOMMENDATION 1. Authorize Natural Resources Protection Program staff to prepare and submit grant applications for Open Space Acquisition, in general, and authorize the Mayor, City Manager or designee to execute grant application-related documentation required by prospective grant making entities. 2. Adopt a resolution authorizing Natural Resources Protection Program staff to prepare and submit a grant application for Open Space Acquisition for the California Natural Resources Agency’s Environmental Enhancement and Mitigation Program. DISCUSSION Background Open Space Protection is an “Other Important Objective to Achieve” in the City Council adopted 2013-15 Financial Plan and is currently anticipated as a “Major City Goal” in the 2015-17 Financial Plan. One of the proposed work program items is as follows: Pursue voluntary land conservation opportunities in the Cuesta Canyon area of the City’s Greenbelt by working cooperatively with the property owners to acquire and protect portions of The Miossi Brothers La Cuesta Ranch and the Ahearn Family Ranch. An opportunity also exists to expand the Irish Hills Natural Reserve by collaborating with non-profit land trust partners. The Natural Resources Protection Program is the primary staff responsible for implementation of this work program item. Historically, the City has been successful in leveraging its funds with grant facilities and private donations from other entities at a ratio of approximately three to one. The City’s Financial Management Manual, Section 740, requires City Council authorization to submit grant applications in excess of $5,000. In particular, section 3(d) states: For grants in excess of $5,000, prepare a Council agenda report requesting authorization to seek grant funding. This report should describe the grant program's conformance with this policy, including the results of the cost/benefit analysis. Discussion 1. General Authorization for Making Grant Applications Staff finds that grant applications for open space acquisition meet the City’s Grant Management Policy outlined in Section 740 because there is an opportunity to significantly leverage City funds on balance with only modest staff time required to prepare such grants; the proposed grant June 16, 2015 C8 C8 - 1 GRANT APPLICATIONS F OR OPEN SPACE ACQUISITION Page 2 applications would support capital costs associated with real property land acquisition; and, all grant administration, tracking, and reporting will be conducted in accordance with applicable City policy and any requirements specified in an awarded grant contract. Staff is currently tracking and planning for numerous grant opportunities and the ability to act quickly with submittals is often necessary. Some of these grants have set application deadlines, while other grant funders can be approached at any time. Prospective grant making entities include, but are not limited to: the State Coastal Conservancy; the California Wildlife Conservation Board; the California Department of Fish and Wildlife; the California Farmland Conservancy Program; the National Oceanic and Atmospheric Administration’s Fisheries Program; the United States Department of Agriculture’s Regional Conservation Partnership Program authorized under the current Farm Bill; and, private foundations with an interest in land conservation initiatives. 2. Specific Resolution Authorizing New Grant Application At this particular time, a grant opportunity promulgated by the California Natural Resources Agency known as the Environmental Enhancement and Mitigation Program (“EEMP”) is available. This grant requires City Council approval of their standard resolution (Attachment 1) in order to submit the grant application. CONCURRENCES The Parks and Recreation Director, Shelly Stanwyck, has offered her concurrence. ENVIRONMENTAL REVIEW There is no environmental review required for grant submittals. If successful, open space land acquisition is typically considered Categorically Exempt under the California Environmental Quality Act. FISCAL IMPACT The Natural Resources Program staff has already allocated time within the normal work program to prepare and submit grant applications or proposals that significantly leverage the City’s funds budgeted for open space acquisition. The successful completion of a new open space land acquisition would accrue new ongoing costs depending on the type of property interest acquired. In every case, prior to acquisition of any new open space lands, Council authorization would be required and a detailed discussion of the fiscal impact of the acquisition would be provided. ALTERNATIVES The City Council could: 1. Request additional information or analysis from staff and defer action until a later date. 2. Direct staff to prepare and calendar a Council Agenda Report for each separate grant application anticipated for submittal. C8 - 2 GRANT APPLICATIONS F OR OPEN SPACE ACQUISITION Page 3 ATTACHMENT 1. EEMP Standard Resolution T:\Council Agenda Reports\2015\2015-06-02\Authorize Open Space Grants C8 - 3 THIS PAGE IS INTENTIONALLY LEFT BLANK C8 - 4 RESOLUTION NO. ______(2015 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION (EEM) PROGRAM WHEREAS, the Legislature and Governor of the State of California have enacted Section 164.56 of the California Streets And Highways Code, which is intended to provide 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 California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures and criteria, 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 established by the California Natural Resources Agency require a resolution certifying the approval of an application by the City of San Luis Obispo’s governing board before submission of said application to the State; and WHEREAS, the City of San Luis Obispo, if selected, will enter into an agreement with the State of California to carry out the Project. NOW, THEREFORE, BE IT RESOLVED that the City of San Luis Obispo hereby: 1. Approves the filing of an application for the Irish Hills Natural Reserve Addition; and 2. Certifies that Applicant understands the requirements in the Program Guidelines; 3. Certifies that Applicant or title holder will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so; and 4. Certifies that Applicant will record a document against the real property that defines the State’s interest in the property whether the Grantee owns the property or not; and 5. Certifies that Applicant will comply with the provisions of Section 1771.5 of the State Labor Code regarding payment of prevailing wages on Projects awarded EEM Program Funds; and 6. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable licenses and permits will have been obtained; and 7. Certifies that Applicant will work towards the Governor’s State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1; and ATTACHMENT 1 C8 - 5 8. Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests etc., which may be necessary for the completion of the aforementioned project. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 16th day of June 2015. ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Anthony Mejia City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of __________, _________. _______________________ Anthony J. Mejia, MMC City Clerk ATTACHMENT 1 C8 - 6