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HomeMy WebLinkAbout12/02/1997, C2 - AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE STATE OF CALIFORNIA'S ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM council j acEnaa izEpoat �N C I T Y OF SAN LUIS OBISPO FROM: Ken Hampian,Assistant City AdministrativeO cer� Prepared By: Neff Havlik,Natural Resources Manager"/) SUBJECT: AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE STATE OF CALIFORNIA'S ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM CAO RECOMMENDATION Adopt a resolution authorizing staff to complete and submit an application for grant monies in amount of$250,000 from the State Environmental Enhancement and Mitigation Program (EEMP), which would be used in support of the acquisition of the Filipponi property at South Higuera Street. DISCUSSION Background The City's Water Reuse Program Environmental Impact Report (EIR) identified a number of environmental impacts of the Water Reuse project that would require mitigation. Among these was the need to create some 12,300 square feet of suitable new habitat for the southwestern pond turtle, which has been designated a Species of Special Concern by the California Department of Fish and Game, and is a category 2 candidate for Federal listing. Options to mitigate this impact have focused on several properties along San Luis Obispo Creek south of the City. The Filipponi property has emerged as an attractive candidate because of its inclusion of both a reach of San Luis Obispo Creek and the East Fork tributary, low-lying agricultural land suitable for wetland restoration, and adjacent upland habitat of high value. A study undertaken by the Land Conservancy of San Luis Obispo County to identify important potential riparian restoration sites along San Luis Obispo Creek earlier this year also identified the Filipponi property as an excellent candidate for restoration efforts. Mr. Herbert Filipponi and his sister,Ms. Joan Denbow,have met with staff several times and indicated their interest in selling the property to the City for conservation purposes. They have also concurred with the City's proposed application for grant funding support. Discussions with Mr. Filipponi and Ms. Denbow are continuing, and we anticipate returning to the Council in closed session the near future with a detailed report on the progress of those discussions. The City Council has approved funding in the 1997-99 Financial Plan for completion of the Water Reuse Project,including mitigation,with funding from the City's Water Enterprise. Proposed Grant Program and Request The Transportation Blueprint Legislation of 1989 (AB471, Katz) created a funding program (the Environmental Enhancement and Mitigation Program) that makes available $10,000,000 statewide (subject to annual appropriation by the Legislature) for environmental enhancement projects (including land acquisition, highway landscaping and urban forestry, and roadside recreation) over and above those required as mitigation for transportation projects within the State. Given the many values the Filipponi property could contribute to the community as a conservation property, and the site's high visibility from and proximity to Highway 101, staff believes that it is appropriate to seek Council Agenda Report-Authorization of Application for Grant Funds Page 2 State support for the project through this program. Given the size of the program statewide, staff feel it is reasonable to apply for the maximum grant amount of$250,000. Additional funds would come from the City's Water Enterprise and grant monies from the State Habitat Conservation Fund, if the City's application for those funds made in October is successful. The filing deadline for the application is December 8, 1997. We would not expect to hear whether we are successful in this application before April 1998. CONCURRENCES The Utilities Department supports the effort to obtain outside funding for this project as the project will provide conservation opportunities for the community beyond those of the Water Reuse mitigations. FISCAL EMPACT The grant, if successfiil, will provide outside funding to support City acquisition of the property, thus providing a beneficial fiscal effect. The EENT does not require matching fiords; however, the use of matching funds, where they exist, enhances the competitive value of the proposal. In the current budget, the City Council has budgeted fiords for land acquisition for mitigation purposes from the Water Enterprise Fund for the Water Reuse project. These funds will be available as a possible match, and staff will inform the program managers of that fact. There will be future capital costs associated with construction of mitigation features and operational costs with maintenance of those features; however, this can be expected to occur regardless of the site selected for such mitigation. ALTERNATIVES The Council could decide not to pursue the grant monies. This is not recommended as simply filing the application does not commit the City to anything; if,however, we choose not to apply we will lose the opportunity entirely. Attachments 1. Resolution 2. Location Map 3. Grant Program Summary NOTE: The grant application document itself is still in preparation and a draft of the application will be available for review in the Council Reading File. co2WZ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE PROJECT KNOWN AS FILIPPONI PROPERTY ACQUISITION WHEREAS, the Legislature of the State of Califomia has enacted AB 147 (Chapter 106 of the Statutes of 1989), which is intended to provide $10 million annually for a period of ten 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 applicants 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. Approved and adopted this 2nd day of December, 1997. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: �-�-3 The foregoing resolution was adopted this ------ day of _____ —_, 1997. AIIen K.Settle,-Mayor--- - - — ATTEST: Bonnie_L: Gaviif, City Clerk--- _ APPROVED AS TO FORM: *ff .V-een, mey ----- . m 2 fmp O U e m m d'r Fp�d P V O • d / 6 rr � I /L 0. I CL a � •I 'fro •� • ® Z-< d H-I CD CD^ m Q F" iL r t z � � J y 4? Q U U CA ❑ i� RESOURCES AGENCY 1416 Ninth Street, Suite 1311 State of California Sacramento, CA 95814 916-653-5656 ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM PROCEDURES AND CRITERIA 1998-99 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 provides grants to State, local and federal agencies and non-profit organizations to mitigate the environmental impact of modified or new public transportation facilities. The EEM Program was established by the.enactment of the Transportation Blueprint Legislation of 1989 (AB 471, Katz). This legislation states that it is the intent of the Legislature to allocate $10 million annually to this program for grant purposes for a 10-year period from Fiscal Year 1991-92 to Fiscal Year 2000-01. The legislation provides the following delegation of responsibilities for the EEM Program. The Resources 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. 13. Implementation Timeline Applications for funding in the 1998-99 fiscal Year (July 1. 1998 throuoh June 30. 1999) must be postmarked no later than Monday. December 8. 1997 or EEM Program Procedures and Criteria October 1997 Page 2 delivered to the Resources Agency by 5 p.m. that day. Applicants must submit the original and three copies of the complete application (total of four). The Resources Agency will send a list of recommended projects and funding amounts to the California Transportation Commission (CTC) by April 15, 1998. All project applicants will be noted of the status of their application at that time. In July 1998, it is anticipated that the CTC will give preliminary approval to projects to be funded, with funding allocations to be considered at a subsequent Commission meeting upon contract approval. The Department of Transportation (Caltrans) administers contracts for approved grant projects. Environmental clearance documents for Agency recommended proiects are required by the CTC, and must be submitted to the CTC in May 1998 for proiects to be considered at the July 1998 meeting. Proiects without environmental clearance documents will not be considered for funding. Applicants may resubmit such proposals for consideration by the Resources Agency in a subsequent grant cycle. Projects should expend grant funds as soon as possible after the grant award (second vote) by the CTC, preferably within the first year, but no later than two years after the fiscal year in which the contract between the State and applicant is signed. 1-4. Project Magnitude Grants for individual project are generally limited to $250,000. However, the Resources Agency may recommend and encourage awards exceeding the $250,000 guideline primarily for acquisition projects, 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 provision 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. EEM Program Procb..ures and Criteria October 1997 Page 3 2. PROJECT GUIDELINES 2-1. Eligible Projects The categories of environmental enhancement and mitigation projects eligible for funding are: • Highway Landscape and Urban Forestry— Projects designed to offset vehicular emissions of carbon dioxide through the planting of trees and other suitable plants. Projects may be within or outside the right-of-way of a related transportation facility. However, reimbursement for the cost of vegetation planted within the public road right-of-way is limited to trees. • Resource Lands— Projects for the acquisition, restoration or enhancement of resource lands to mitigate the loss of, or the detriment to, resource lands lying within or near the right-of-way acquired for proposed transportation improvements. Resource lands include natural areas, wetlands, forests, woodlands, meadows, streams or other areas containing fish or wildlife habitat. Enhancement of resource lands may include the restoration of wildlife corridors. Additionally, resource lands may contain features of archaeological or historical value. • Roadside Recreation — Projects which.provide for the acquisition and/or development of roadside recreational opportunities, including parks and greenways, roadside rests, scenic overlooks, trails, and sno- parks. 2-2. Related Transportation Facilitv To be eligible for consideration, each environmental enhancement and mitigation project must be directly or indirectly related to the environmental impact of the modification of an existing transportation facility(CA Constitution -Art. XIX. Sec. 1) or construction of new transportation facility. For purposes of this program, a transportation facility is defined as a public street, highway, mass transit guideway or their appurtenant features (e.g. park and ride facilities, high-occupancy vehicle lanes, transit stations, etc.) Additionally, the related transportation facility must be 1) a project where construction began after January 1, 1990; or 2) a project which is not yet under construction, but is included in an adopted State transportation program or in a locally adopted and certified capital outlay program. C -�-g EEM Program Procedures and Criteria October 1997 Page 4 If a transportation facility is to be constructed in separate and distinct phases, each phase may be considered a separate project for purposes of this definition, provided that each phase creates an operable transportation improvement. 2-3. Minimum Proiect Requirements Projects which fail to meet these minimum requirements will not be considered further. a. All projects must demonstrate a direct or indirect relationship with the environmental impact of modifying an existing transportation facility or construction of a new transportation facility. b. All projects must provide mitigation or enhancement in addition to the mitigation required as part of the transportation project to which they are related. The EEM proiect cannot supplant mitigation required of the transportation proiect. c. The mitigation, if in or near the right-of-way, must be compatible with and not interfere with the operation or safety of the transportation facilities. d. The mitigation must not limit currently planned or anticipated future improvements to the transportation facility. 3. PROJECT EVALUATION CRITERIA All projects will be evaluated by the Resources Agency using the following criteria and will be assigned values based on a point systemwithin the ranges indicated. A maximum of 100 points may be assigned to any one project. Projects will be evaluated on the General Criteria (up to 55 points) and the appropriate Project Category Criteria (up to 45 points) In summary, the scoring allocation is as follows: General Criteria (55 points) - Increased Mitigation and Enhancement (0-20 points) — Statewide Project Goals and Local Cash Contributions (0-20 points) — Project Readiness (0-15 points) c -�-q