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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 counci 1. -16 -01 j ac,Enaa izEpmt ItQ 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 A1(`O ', I �J,:.i 1 ;' . / ';).:,�I \l) ?VJ�. III \!\\\,�•i, '•1: '.' I . ,. l •\ I '6'0 :% r. , L Ir.. �. I /,.l` _, ♦ \ ? 1. z 6 ATION \\ i� ` \.• � � 11 / ' .:2091 � I .'. 11_i I. 7 96 / r `^ _ I Rm , `, �` ?. • .� l r � �'> _ -/ ill �I }ri' (I ♦ ��\1� \` ��/ JI ` .m �1 t .III \ I \i`: �.•_ �:±o� Ad 116/ / S ,0,0 ry ,o' °wi' •� b/ 800 1\.� 9 •i ����_ TI \' I \III , = --i, :a- ��'x`755J!I)Il i.- ',_..- if primp �e = == :� -- -- _ _ 1 I —� i • .lip - �� n — t— I' .� l hI 2�l ,� � i "� g `/ �• ' _ I;,: , ,. _ 1,, ;,,111, 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. m IAUNCIL ❑ cr? r!I 1 RKAO O F: ' ❑ FRNEY ! aV00I O F';V! L..3 DdERKIORIG ❑ rOUCE C::F ❑ MGMT TE�yyM, O REC DIR 1.6Irlw- ❑ UTIL DIR f2ra� 150 &0�_ O PERS DIR 17., EI9,1FE D JAN 1 6 2001 SLO t.. , r':.ERK hyl A 248 v of 1 mac. � !pU • : _/ _; �' . \ ° -- /6 ` /000 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.