HomeMy WebLinkAbout01/16/2001, C3 - AUTHORIZATION TO APPLY FOR ENVIRONMENTAL GRANT FUNDS FROM THE STATE WATER RESOURCES CONTROL BOARD IN SUPPORT OF THE PROJECT KNOWN AS THE AHEARN PROPERTY ACQUISITIONMe i., Dade
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C I T Y O F S A N L U I S O B I S P O
FROM: Wendy George, Assistant City Administrative Officer
Prepared By: Neil Havlik, Natural Resources Manager
SUBJECT: AUTHORIZATION TO APPLY FOR ENVIRONMENTAL GRANT
FUNDS FROM THE STATE WATER RESOURCES CONTROL
BOARD IN SUPPORT OF THE PROJECT KNOWN AS THE
AHEARN PROPERTY ACQUISITION
CAO RECOMMENDATION
Adopt a resolution authorizing staff to complete and submit an application for grant monies in the
amount of $500,000 from the State Water Resources Control Board (SWRCB), which would 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 700 -acre ranch in the
upper watershed of San Luis Obispo Creek. A portion of this property is within the City's
identified greenbelt; most of it is within the boundaries of Los Padres National Forest. It is bisected
by the Cuesta Grade (map) and contains several of the spring sources of San Luis Obispo Creek.
Mr. Ahearn recently approached City staff regarding the possibility of sale of the property for
conservation purposes. Several new sources of grant funding are available to support this
acquisition: these include the Watershed Protection Program, administered by the State Water
Resources Control Board, and the Federal Forest Legacy Program, administered by the United
States Department of Agriculture. The latter program provides funding to support easement and fee
acquisition of private lands within and adjacent to the National Forests to buffer or add to the public
lands. City staff consider the Ahearn property to be an excellent candidate for these and other
funding sources, and are therefore investigating those sources assemble a purchase "package" for
the site. We are requesting authorization to seek funds from the Watershed Protection Program at
this time because this program, approved by the voters in March 2000 and funded by the
Legislature in July, is now on a "fast track" of three rounds of grants. The fast round has an
application deadline of February 1, 2001.
Discussions regarding the possible sale are ongoing, however, Mr. Ahearn is seeking a sale price
for the property of $2.2 million or approximately $3,150 per acre. The property consists of three
parcels, but, according to Mr. Ahearn, holds six "certificates of compliance ", which are essentially
development entitlements and are the reason for the sale price.
FISCAL IMPACT
The grant, if successful, will provide outside funding to support City acquisition of the property,
thereby providing a beneficial fiscal effect. City staff are working with Mr. Ahearn on the concept
of a phased transaction that would be accomplished over a period of years, or possibly a partial
CM
Council Agenda Report - Authorization to Apply for Grant Funds
Page 2
acquisition, and will report to the Council as the concept is more fully developed. In the meantime,
however, staff believes it is prudent to pursue existing finding sources in an effort to assemble the
"package ". Staff does foresee the possibility of ultimate use of some City fiends at some phase of
the transaction.
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. Resolution
2. Location Map
3. Grant Program Summary
C3 -2
ATTACHMENT 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING SUBMITTAL OF A GRANT APPLICATION
TO THE WATERSHED PROTECTION PROGRAM
OFFERED UNDER THE COSTA - MACHADO WATER ACT OF 2000
IN SUPPORT OF THE PROJECT KNOWN AS AHEARN PROPERTY ACQUISITION
WHEREAS, the State Water Resources Control Board and Central Coast Regional Water
Quality Control Board have developed specific criteria to evaluate potential projects for the
Watershed Protection Program of the Costa - Machado Water Act of 2000; and
WHEREAS, said agencies have solicited proposals from government agencies and
nonprofit organizations for consideration in disbursing monies derived from the Act.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
1. Authorizes the submittal of a grant proposal to the above- mentioned agencies for grant
support for the project known as Ahearn Property Acquisition, 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, submittals, agreements,
amendments, payment requests and so on, which may be necessary for the completion of the
aforementioned proposal.
Approved and adopted this 16th day of January, 2001.
On motion of seconded by
following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this
Allen K. Settle, Mayor
ATTEST:
Lee Price, City Clerk
and on the
day of , 2001.
APPROVED AS TO FORM:
C3 -3
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Location Map
City-of San Luis Obispo
GREENBELT PROTECTION PROGRAM _
Ahearn Property
San Luis Obispo, ca. C34
U. S. G. S. Quadrangles: San Luis Obispo, Lopez Mountain
I"= 2,000' approx.
EXHIBIT I —Prop 13 WATERSHED PROTECTION PROGRAM
REQUEST FOR PROPOSALS
ABOUT THE PROP 13 GRANT PROGRAM
Summary
ATTACHMENT 3
The State Water Resources Control Board ( SWRCB) and the Regional Water Quality Control Boards (RWQCBs)
are requesting proposals for the Watershed Protection Program. Funds made available through this Request For
Proposals (RFP) are offered under the authority of Costa - Machado Water Act of 2000.
All proposals must be received by the SWRCB by the close of business or postmarked by the U.S. Postal
Service no later than February 1, 2001. Proposals sent by any express courier service (Federal Express, UPS,
U.S. Mail Next day, etc.) must arrive by close of business (5:00 p.m.) February 1, 2001 at 10011 Street,
15`s Floor, Sacramento. Late proposals, those that arrive after 5:00 p.m. February 1, 2001 (except packages
with U.S. postmarks of February 1,200 1), will be disqualified. (The SWRCB receives the original and 11
copies of each proposal.)
This RFP contains information concerning project requirements, anticipated funding levels, the review process, and
selection criteria. An application form is attached (an electronic form is available on the Prop 13 web navel and
serves as the proposal template (Attachment 2). Consultation with the appropriate RWOCB (or in the case of
statewide proiects the SWRCB) is required as soon as possible and prior to submitting an application. Appropriate
contacts are listed in the Executive Summary and ARD, Section 1.
Selected projects will receive Prop 13 funds through a contract with the SWRCB.
Contracts must be executed within one year (12 months) from the date applicants are notified that their
project has been selected by the SWRCB. The contract negotiation and execution process (Contract is issued
and approved by the Department of General Services) must be completed within one year of the notice of
project selection. Failure to meet this condition may result in forfeiture of grant award. Funds are provided
as reimbursement for completion of tasks specified in the contract.
Following selection of a project, the reci ien assisted by SWRCB and RWQCB staffs, will be required to develop a
detailed scope of work that will be used to prepare specific tasks in the contract. The scope of work must be
consistent with the original proposal. The Prop 13 Contract Preparation/Management Guide can be viewed at
h=://www.swrcb.ca.goy/Rrppl3/index.hftffl. All work supported by SFY 2001 funds must be completed within
three years from contract execution, not to exceed November 1, 2004. Minimum contract elements are discussed on
pages I -13 through I -15.
The grant award process, which includes solicitation, selection, and funding of Prop 13 projects, is a multistage
process taking approximately 12 months to complete from the time the RFPs are released (see Figures I and 2).
Funding of projects will be based on the selection process and criteria described in this RFP.
November 2000 Chapter 6, Article 2, I -3 C3 -5
Watershed Protection Program
EXHIBIT I —Prop 13 WATERSHED PROTECTION PROGRAM
BACKGROUND
The purpose of Article 2, Watershed Protection Program is "to provide funds to assist in implementing watershed
plans to reduce flooding, control erosion, improve water quality, and improve aquatic and terrestrial species habitats,
to restore natural systems of groundwater recharge, native vegetation, water flows, and riparian."
In an effort to further the Watershed approach to management and efficient use of future resources, this RFP will
give finding priority to the development of local watershed management plans up to $200,00 per plan. Proposals
should address how the proposed projects relate to this goal if appropriate.
The SWRCB and RWQCBs are encouraging watershed management as a means to ensure high quality waters, to
maximize the use of limited resources, and to develop partnerships among all stakeholders of watersheds to address
water quality issues. In this respect, the SWRCB's and RWQCB's Watershed Management Initiative (WMI) will be
used to ensure the most efficient use of these funds. Local stewardship and partnerships among governmental
agencies and private interests are vital parts of the types of watershed management envisioned by the WMI.
Involvement of stakeholders throughout a watershed is a critical feature of watershed management that will provide
for sustained, long term improvements in water quality. Implementation activities identified in a watershed
restoration action strategy, a watershed management plan, or similar comprehensive efforts are a priority for Prop 13
fiords offered under this RFP. Prop 13 provides watershed protection funds as a means to further efforts in
improving water quality. However, these funds are not intended to be used as the sole or principal source of support
for local resource management.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
California law requires projects likely to have potentially significant environmental effects to comply with CEQA
(Public Resource Code §21000 et seq.). CEQA applies to "projects" proposed to be undertaken or requiring
approval by the State and local government agencies.
"Projects" are activities that have the potential to have a physical impact on the environment and may include the
enactment of zoning ordinances, the issuance of conditional use permits, and the approval of tentative subdivision
maps."
All Prop 13 project contracts having a work activity that requires CEQA compliance will be allowed to use Prop 13
funds under the contract to complete CEQA requirements consistent with the definition of "cost" as defined by the
Public Resources Code section 32024 (Section 13 in the ARD). The amount budgeted will be consistent with the
size and complexity of the project. Work that is subject to CEQA shall not proceed under the contruct until
documents that satisfy the CEQA process have been received by the project's Contract Manager.
The SWRCB's selection of a project for Watershed Protection Program funding does not foreclose appropriate
consideration of alternatives or mitigation measures that would reduce or eliminate adverse environmental effects of
that project during the CEQA review process.
Complete information on CEQA can be found at http: / /ceres.ca.gov /cega/.
November 2000 Chapter 6, Article 2, I -6 C3 -6
Watershed Protection Program
DATE: January 16, 2001
TO: City Council
FROM: Neil Havlik, Natural Resources Manager
VIA: Ken Hampian, City Administrative Officer Wb7
SUBJECT: Ahearn Property
Councilmember Schwartz called earlier today with a question about the location of the City's
Greenbelt as it related to the Ahearn property, and also concerning the number of parcels and
certificates of compliance that the property may hold.
To respond, staff has prepared the attached map of the Abeam property. In this portion of the
greenbelt, the greenbelt boundary is also the boundary of Los Padres National Forest. That is the
highlighted line zigzagging across the map. About 20% of the Ahearn property lies within the
Greenbelt, and the balance is outside. In staff's opinion, however, the potential benefit to the_
community from purchase of the Abeam property is great enough to wan-ant efforts to obtain
outside funding for an acquisition going beyond the boundaries of the Greenbelt. Such action
has been done previously on the Guidetti easement acquisition in 1996 and the amended
easement which just closed escrow last week.
The County Assessors' books show three parcels making up the Ahearn property: one parcel
includes everything above Highway 101; the second parcel includes everything below the
highway and within the Forest, and the third parcel is the land outside the Forest going up to the
railroad tracks (in Section 12). Mr. Ahearn has stated that he holds six Certificates of
Compliance for the property; this would need to be confirmed as part of an appraisal and the
result could significantly affect the value of the property. However, it is not necessary to have
this information for purposes of the grant application to the Regional Board, and delay on the
part of the Council in authorizing application for grant support would result in the City being
disqualified as an applicant.
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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 "= 1,000- approx.