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Home My WebLink About07/21/1998, C3 - AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE NORTH AMERICAN WETLANDS CONSERVATION ACT PROGRAM council j acEnaa Report 1�Nmb` L43 CITY OF SAN LU IS O B 1 S P 0 FROM: Ken Hampian,Assistant City Administrative Officer Prepared By: Neil Havlik,Natural Resources Manager SUBJECT: AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE NORTH AMERICAN WETLANDS CONSERVATION ACT PROGRAM CAO RECOMMENDATION Adopt a resolution authorizing submittal of a grant application to the U. S. Fish and Wildlife Service's North American Wetlands Conservation Act grant program in the amount of$100,000 in support of acquisition of approximately 80 acres of wetlands and upland buffer at the Morganti Ranch on Los Osos Valley Road. DISCUSSION In recognition of the importance of habitat conservation for migratory birds, the North American Wetlands Conservation Act (NAWCA) was enacted by Congress in 1989. This legislation makes available a specified amount of money as matching funds for conservation projects benefiting migratory waterfowl and other birds. The program is designed to encourage partnerships among agencies to acquire, restore, or enhance large tracts of wetlands within several geographic regions of the country. One,the California Central Valley Region, includes San Luis Obispo County. The City of San Luis Obispo has, as part of its Greenbelt program, held discussions with a number of landowners within the Greenbelt area. One of these is the Morganti family,owners of a 160 acre fano property adjacent to the City limits on Los Osos Valley Road. The Morganti Ranch was rated as one of the highest priorities for acquisition in the "Saving Special Places" study because of its strategic location adjacent to the City limits and importance in providing a variety of community benefits. Family representatives have indicated interest in a conservation transaction with the City that would preserve the agricultural productivity and use of the site, and preserve the wetlands which occupy about one-third of the property. This grant, if successful, would provide funding support for the wetlands portion of this transaction, estimated to be in the range of$200,000. NAWCA regulations require that program funds be matched on at least a 50-50 basis, and it is for that reason that a grant request of $100,000 is recommended. Higher priority will be given to proposals which meet certain criteria, such as benefit to migratory waterfowl (particularly certain species), benefit to endangered species, and longevity of the action (funds can be requested for management programs as well as acquisition). Staff feels that a proposal for conservation of the Morganti Ranch wetlands would be favored by these criteria, due to the site's location and the physical relationship to Laguna Lake and its extensive, existing wetlands. The application deadline is August 7, 1998,with notification to successful proposers expected to be made in February 1999. As a land purchase for conservation purposes,this project is exempt from both CEQA and NEPA. L'3•/ FISCAL IMPACT The grant, if successful, will have a beneficial fiscal effect by providing outside funding support for this project. Staff has evaluated the project, and we believe that the 50% match may be accomplished with either local or State funds that would be used to acquire fee title to the wetland portion of the property, and support the easement transaction. Successful application for this grant and others being made for the Morganti property would, however, ultimately require commitment of City General Funds on the order of$100,000. General Fund monies allocated in both years of the 1997-99 Financial Plan were expended to complete the Bishop Peak transaction. However, Council has indicated its willingness to consider further General Fund allocations in order to match outside funding source to successfully complete priority open space transactions. A successfiil transaction on the Morganti property, as presently envisioned by staff, would meet these conditions. A final determination in this regard, however, does not need to be made unless and until we are successful in obtaining the currently proposed grant,and two others, one submitted in June and the other to be submitted in September. ALTERNATIVE The Council could decide to not authorize the grant application. This is not recommended as the application itself does not constitute a commitment on the part of the City or of the Morganti family. Assuming that discussions with the Morganti family are successful, the grant funds will significantly assist in obtaining the funds necessary for the acquisition. Attachments Resolution Grant Program Summary Location Map L43:Z RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE NORTH AMERICAN WETLANDS CONSERVATION ACT GRANT PROGRAM FOR THE PROJECT KNOWN AS MORGANTI PROPERTY ACQUISITION WHEREAS, the Congress of the United States has enacted the North American Wetlands Conservation Act of 1989, which provides funding support to States, Tribes, local governments, and non-profit organizations for wetland conservation projects consistent with the Act, and with international agreements between Canada, Mexico, and the United States for migratory bird conservation; and WHEREAS, the United States Department of the Interior, Fish and Wildlife Service, has established procedures and criteria for submittal and review of grant proposals; and WHEREAS, successful applicants will enter into a cooperative agreement with the Fish and Wildlife Service; and WHEREAS, the City of San Luis Obispo ("City") is a California Charter Municipal Corporation; and WHEREAS, City, acting through its City Council and through adopted public procedures, has determined that certain lands surrounding the City of San Luis Obispo are important to the scenic character, healthy natural environment, and economic and social well-being of the community and its citizens and has designated these lands as the San Luis Obispo Greenbelt; and WHEREAS, within said Greenbelt, City seeks to preserve and conserve characteristics such as visual quality, wildlife habitat, healthy agricultural economy, and rural setting through a variety of techniques and programs, including purchase of land and conservation easements; and WHEREAS, the purchase of fee title and/or conservation easements upon the above-mentioned land in the judgment of City would act to preserve the values indicated above and serve an important municipal purpose; and WHEREAS, the City Council of the City of San Luis Obispo finds that the project is exempt under Section 15325 of the California Environmental Quality Act (CEQA) and is a categorical exclusion under Section 58.35(a)(5) of the National Environmental Policy Act (NEPA), as the project consists of the acquisition of land or easements for wildlife habitat and agricultural conservation purposes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the submittal of an application to the North American Wetlands Conservation Act Grant Program of the United States Department of the Interior for grant support for the above project; and 2. 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. 619-1 Approved and adopted this 21.stday of July, 199.8.. On motion ofseconded:by _ and on the following roll call-vote: -- - AYES: NOES: ABSENT: The foregoing resolution was adopted . day of ..1998. Allen K. Settle, Mayor ATTEST: - I Kim Cmrdon, . Acting City Clerk APPROVED AS TO FORM: e en, mey =-_- or" Ltj LI. to MW �171 'If o_ I IV fte LC I AV 5r I IL CL. ri kg J1 TI. If IV. 4C • 'Ll CP Ne IS 111ex, �. six- United States Grant IVLa Application lnstructions ,Fw 662) 6thAnwrican_Wed . WS . ..Onservat2on Apt t7YY .r+ 'z y ib a L-V" >FANA-,k n �R ; ,A.c..of P 1iplu�tion Peul riod End Qa Y C'L T `br _ham Us lI ; �da .¢8d "x.sit, MAO � .Ps �_ .. °SA^'eg a � •v' ��,� ~� �u'��'� � s F a;y"'��r �'.xr.:x �_ �'i AIN n�lw'..A'`°>x ax• kx r g _H_ e. : 7 a R �'� av ' s.3••.,� � � � ._w '., 'a �°f. .�''fie 3wc't' r IN � a � .. � �:R �yx,�� f2 k` �.• � _•. Y.8454a S •j3` J�•J Y �4.',':Y��'A�.S'b.wuv y,(fib+'P.,�,T/� x by sr :" ne r is e.! r. z1I TOW ffiS. J y^yqqi T'I All -+ `uT �,,„,'�$'w w q" 46 v �..Jy `�° :..' W' ,• y ..,[ s -Y °`� yd. ""„a�.e,K a mss°,-c '"+L•�R, s ansC+ ^"'b' . .. Y Y -xeg Iva •�.. g t. "j-C a�"".7 wy,�` kr "'"` s.LF ��*' %a �y.�,«%*� [� x � �a-s 'S, -.ate_ ' 4 }— _, �'r''n��'r^. �'.y ti i i ' I INTRODUCTION, FUNDING PROCESS, AND DEFINITIONS In 1989,recognizing the importance of habitat conservation for migratory birds,the U.S. Congress established the North American Wetlands Conservation Act(Act)(see EXEMT 14,page 40). The Act encourages partnerships to conserve North American wetland ecosystems for waterfowl and other migratory birds and fish and wildlife that depend upon such habitats,and specifically includes reference to goals of the North American Waterfowl Management Plan(Plan). The Plan was signed in 1986 and is an important framework for continental waterfowl and wetland conservation. The Act is a primary mechanism for meeting objectives of the Plan and other migratory bird recovery programs. The Act does several things: 1. Itre icoumm the formation of public-and private-sector partnerships to develop and implement wetland conservation pmjects consistent with the North American Waterfowl Management Plan and other international agreements between Canada,Mexico,and the United States for mig g=bird conservation_ � 2. It creates the North American Wetlands Conservation Fund to help support such projects. 3. It establishes a nine-member North American Wetlands Conservation Council(Council)to review proposals submitted by partners for fimdmg under the Act 4. It delineates the factors against which each proposal will be evaluated for fimding under the Act 5. It creates the process by which finding will be approved rTNis document explains how to apply for a grant over$50.000 and how to develop a proposal. Notification of chang=es in application procedures or other requirements are published annually in the Federal Register and are explained in this document. All grant applicants,whether successful or not,are automatically placed on a Grant Application Instructions mailing list Information that is especially important is underlined in the text of this docranent Use the Checklist(EXHIBIT 2)on pagg 8 to ensure the proposal is complete before sending it in. The contacts given in the Directory(page 46)are available to assist partners with developing proposals. An Index is also available at the end of this document For g= $50-000 and less gpplication should be made through the Small Grants pmam. Seepage 7 for contact information. Generally,proposals receiving Act fiords must show a concrete connection between money spent long-AM.on-the-ground wetland benefits. Proposals that minim administrative and overhead f Mom tend to be more competitive. Further,in concert with the Act's priority of bringing together financial and institutional resources to promote conservation,the grant program encourageproposals that attract new monies and partners to wetlands conservation. r1rhe Council is comprised of the Director,U.S.Fish and Wildlife Service(Service); Secretary,National Fish and Wildlife Foundation;representatives from three non-profit conservation organizations active in projects under the Act and the Plan;and a State fish and wildlife agency Director from each of the four migratory bird flyways. The Canadian and Mexican Federal fish and wildlife agencies are ex-officio Council members. Council usually meets the second Wednesday in March,July,and December to decide which proposals to recommend to the Migratory Bird Conservation Commission(NIBCC)for funding. Proposals submitted by the first Friday in April are eligible for consideration at the July,December,and March meetings and proposals submitted by the first Friday in August are eligible for the December and March meetings. If desired by the grant applicant,a proposal submitted in April may be withdrawn and resubmitted in Auger 3 L I�`J INTRODUCTION,FUNDING PROCESS, AND DEFINITIONS(continued) All proposals are returned after the March meeting and may be resubmitted for the next cycle starting in April. A site visit(on-the-ground evaluation of partnerships,resource values,and long-tem objectives)may be required for proposals with grant requests$500,000 or higher. Council meetings are open to the public but are not interactive sessions. The Council selects a slate of proposals based on Technical Assessment Question scores,Plan Joint Venture Management Board ranks, Council goals and objectives,available funding,and other relevant factors. The Joint Venture Management Board is a consortium of State,private,and Federal partners that guides activities within a Plan Joint Venture. Council requests the Boards to review and rank proposals. The MBCC is comprised of two U.S. Senators,two U.S.Representatives,the Environmental Protection Agency Administrator,the Secretary of the Department of Agriculture,and the Secretary of the Department of the Interior. The MBCC meets in February,June,and September. April proposals may be presented to the MBCC in September,and the earliest that August proposals may be presented to the MBCC is February. Decisions are,therefore,made at corresponding Council and MBCC meetings as follows. Also see F. MZWT 1,page 6 for a flowchart of the grant proposal process. COUNCIL MEETING MBCC MEETING July September December February March June Refer to the following definitions when developing a proposal. ACQUISITION: A work category in which all or a portion of the bundle of rights of real property (including water rights)are obtained through fee title,easement,or lease. Acquired tracts used as match must include conservation easements or other enforceable documents that ensure long-term wetlands conservation. Easement conditions should be 1)legally enforceable,2)for a period of at least 10 years (except for one-time demonstration projects),3)recorded pursuant to State law, 4)held by or transferred to a conservation organization(e.g.,State or Federal fish and wildlife agency,or non-governmental conservation organization),and 5)described in the proposal. A contaminants survey may be required for acquisition sites. Appraisals and relocation plans are not required to be submitted with the proposal;however,they must be reviewed by the Service prior to the transfer of grant funds. See the Directory for information on how to contact a Service Regional Realty Office. Acquisition proposals must be consistent with the National Wetlands Priority Conservation Plan by being listed in a Service Regional Wetlands Concept Plan or meeting all of the following criteria • Offer values in wildlife,fisheries,and one of the following:water supply,water quality,flood control,or erosion protection. • More than 10%of the wetland values are likely to be adversely affected over the next 10 years. • At least 50%of the proposal's total acreage is made up of decreasing wetlands types and their associated uplands(see Technical Assessment Question 4). 4 e 'O INTRODUCTION,FUNDING PROCESS, AND DEFINITIONS(continued) ENHANCEMENT: A work category involving modification of a wetland ecosystem to provide long- term improvements to benefit migratory birds and other fish and wildlife. Actions on farmed/pnor converted wetlands will usually be in the enhancement category. GRANT FUNDS: Moneys awarded by the Service to the grant applicant. See EMHBIT 9,page 33, for eligible activities for grant finds. Except for very special circumstances,grant rEanests should not exceed S 1 million. Funds are available after October 1 and after the grant agreement is signed by all parties. LONG-TERM W=ANDS CONSERVATION: Duration of protection is generally 25 years or more. Conservation easements or leases of 10 year;may qualify as long-team protection if they are 1)lkely to result in a fimue long-term conservation agreement or 2)the maximinn term that State law will allow. If easements or leases are for 10 years or less,a rationale should be included in the proposal. Before final payment of grant funds for any real property interest acquired with grant fiords,there must be evidence of a conservation easement or other recordable legal document that 1)provides for long-term wetlands conservation and 2)references the deed A Standard Federal Form 424(environmental assurances)is required after the proposal is approved by the MBCC and before the grant agreement is signed OTHER: A work category involving wetlands creation,initial management costs,creation of islands, management agreements(whether paid for or not),and other work that does not fit in other categories. OVERHEAD COSTS: Costs for managing the proposal and/or other costs that affect more than one of the work categories(acquisition,restoration,enhancement). Costs must be necessary for meeting proposal objectives. A proposal should have low or no overhead PROPOSAL: A 4-year(match eligible 2 years prior to proposal submission and grant fiords spent over film 2 years)plan of action supported by an Act grant and partner finds to conserve wetlands and wetlands-dependent fish and wildlife through acquisition(including easements),enhancement and/or restoration. Refer to E ZUUT 9,Eligible Activities,page 33,prior to developing a proposal. A proposal must describe need for,location of cost of and impact of the work on migratory birds;and show evidence of partner commitments. Proposal sites should be within a specifically defined geographic area(such as a watershed). A proposal must be withdrawn if it is significantly modified after submission. The grant request should be greater than$50,000(unless submitted as a small grant) and not more than$1,000,000. Non-federal partner funds must at least equal the grant request PROJECT: A large geographical/ecological(landscape level)and/or temporal(multi-year)context through which several proposals can contribute to a more comprehensive wetlands conservation effort. Not all proposals are expected to be submitted in the context of a larger project. RESTORATION: A work category involving rehabilitation of a naturally occurring degraded wetland ecosystem to provide long-term improvements to benefit migratory birds and other fish and wildlife. 5 G'3-9