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Home My WebLink About09/18/2001, C11 - AUTHORIZATION TO APPLY FOR ENVIRONMENTAL GRANT MONIES FROM THE STATE HABITAT CONSERVATION FUND IN i y councit MeaoDale /�� ACEn6A RepoRt 1�N�e. C pI C I T Y O F SAN LU I S O B I S P O FROM: Wendy George,Assistant City Administrative Officer Prepared By: Neil Havlik,Natural Resources Manager '--r� fi SUBJECT: AUTHORIZATION TO APPLY FOR ENVIRONMENTAL GRANT MONIES FROM THE STATE HABITAT CONSERVATION FUND 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$100,000 from the State Habitat Conservation Fund 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 sources of grant funding are available to support this acquisition; these include the Habitat Conservation Fund, a State program authorized in 1990 by Proposition 117 and administered by the Department of Parks and Recreation. This program provides funding support for a variety of conservation projects, and City staff consider the Ahearn property to be a good candidate for this funding source,due especially to important wildlife habitat that the property provides, including the upper reaches of San Luis Obispo Creek which the City will be restoring to steelhead access in the next year. Staff is therefore requesting authorization to seek grant support from the Habitat Conservation Fund in its current round. Appraisal of the property is nearly complete, as staff and Mr. Ahearn have different views on the value of the property. Both parties agreed to use the appraised value as the basis for negotiation. In the meantime, staff continues to pursue other potential funding sources and is seeking direct funding support from the United States Forest Service, since most of the property lies within the boundaries of Los Padres National Forest. The project has also attracted the attention of the National Park Service,as the property lies on the route of DeAnza National Historic Trail. FISCAL IMPACT The grant, if successful, will provide outside funding to support City acquisition of the property, thereby providing a beneficial fiscal effect. This program requires a dollar for dollar match of non- State funds, and we are confident that we will be able to meet this requirement. Staff does foresee the likelihood of ultimate use of City funds in the transaction; this would be over and above the C11-1 Council Agenda Report-Authorization to Apply for Grant Funds Page 2 budget allocation for 2001-2003 to the Open Space Protection Program since those funds are expected to be completely used up in the Johnson Ranch acquisition. At this time it is difficult to predict what the City's ultimate contribution may need to be, or for that matter, exactly when City funds will be needed. Given the size of the project (approximately $3 million), it is important to pursue as many grant possibilities as we can. Staff is confident that substantial outside sources of funds will be available for Abeam property acquisition, due to the property's various Federal, highway,water quality,recreation, and wildlife habitat nexuses. The application deadline is October 1, 2001. We would expect to be notified about the success of the grant this winter,possibly as early as January,2002. 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. Abeam 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 clia r ATTACHMENT 1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FOR THE LOCAL AGENCY GRANT PROGRAM-FISCAL YEAR 2001-02 UNDER THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 FOR ACQUISITION OF THE AHEARN PROPERTY WHEREAS,the People of the State of California have enacted the California Wildlife Protection Act of 1990,which provides funds to the State of California for grants to local agencies.to acquire and/or develop facilities for public recreational fish and wildlife habitat protection purposes; and WHEREAS,the State Department of Parks and Recreation has been delegated the responsibility for the administration of a portion of the program within the state, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS,the applicant 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 Habitat Conservation Fund Grant Program under the California Wildlife Protection Act of 1990 state grant assistance for the Ahearn property acquisition project for purposes of habitat protection and enhancement; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. Certifies that said applicant has or will have available prior to commencement of any work on the project included in this application, the required match and will have sufficient funds to operate and maintain the project; and 4. 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. C 11-3 - ATTACHMENT 1 Resolution No. Page 2 On motion of Councilmember , seconded by Councilmember , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of , 2001. Allen K. Settle, Mayor ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: Jeffrey G. Jorgensen, 1 y Attorney C 11-� hv1 ` • .1 IJ 000 \ - --- -y , `� .� �.� �� ' '\\ �'1 •1766 �I -P $fir, ` ' '9 \1 �•', m, -� �b;l;•a�•.��1,'�•1\i`..,, ;`�:'\ � \\---fes , o �°t .��, \_ i )•l (f";�\\\`_� . \ �\.`c \��r-��" %%rte �.- 'nve \- 1: If ` ��.\\ alt\ /� 'l" �,/�'•-.. / 1 / \ 1,000 �A5 "Ccar. s. ` /'-900 10 6 , I lily ...,'\.. '\ •-,)t,u�i/,;,!, �: -,;,. `. C b -I o.: 6 3 . , .ns/ ,NLS. _ •5R I.� --;:.�— "»l) t`'., i\\,�\_)) ' . I y,;m;, ,_ �_•. -��' �. k O ' �pgG vel p 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 I"=2,000'approx. ATTACHMENT 3 INTRODUCTION This guide will assist local government in applying for and administering State grant fiords from the HabitatConservationFund GrantProgramundertheCalifomia WildlifeProtectionActof 1990.It contammfonnationontheprogmmaswellasapplicationmatenals. Two milliondollars is available forcompetmvegrantsto local public agencies.Thesefundswillbe providedannuallyfromJuly 1,1990toJuly 1,2020. This grantprogram is administeredby the California Department ofParks and Recreation(DPR). Day-to-dayadministrationofindividualprojectsistheresponsibilityofaprojectofficerwhoisassigned aspecificgeographicalareaoftheState,basedoncountyboundaries.Afteryouhavesubmittedan application,you will be assigned a project officer.Processing will be expedited ifthe name ofthe projectofficerassignedtoyourareaisincludedonallmail.Allinquiries,correspondence,andgrant applicationsshouldbereferredto: ProjectOfficer( Name) CahfomiaDepartmentofParksandRecreation Planningand LocalServicesSection 1416NinthStreet,Room940 P.O.Box942896 Sacramento,CA94296-0001 Telephone:(916)653-7423 FAXTelephone:(916)653-6511 ApplicantsareencouragedtocontactaProjectOfEcertodewnninegeneraleligibility of a proposal and discuss the quality of key application documentation needed to evaluatetheproject. CALIFORNIASTATEPARKS-LOCALASSISTANCEOFFICE PAGE 2 cit-� ATTACHMENT 3 IMPORTANTPOINTS 1. Funding Cycles-To make the program manageable,a staged competitive funding programisprovidedwhere,meverythree-yearpenod,eacheligibleprojecttypewillbe fundedtwice.PLEASESEETHESCHEDULEINAPPENDIXG. 2. Projectsthatarelegallyrequiredasmitigationbyaregulatoryagencyasaconditionfor a permit or to proceed with construction,will not be funded under this program. However,aproposalwhichis inadditiontoanyregWredmitigation,andapartofan overallundertaking,wouldbeeligible. 3. Only project costs incurred after the date of appropriation will be eligible for grant fimds. 4. You must sta rt the project within three years of the date the grant funds are appropriatedinthestatebudget. 5. Thisisamatchmgprogram-50%State/50%local.Thematchmustcomefromanon- Statesource. 6. Propertyacquiredundertheprogrammustcomplyw ithprovisionsofChapterl6,Sec. 7260of)iv.7,TitleIoftheStateGovemmentCode.Grantrecipientsarerequiredto certifytotheadequacyoftheiracquisitionprocess. 7. Fordevelopmentprojects,grantrecipientsarerequiredtocertifythatth eirconstruction planscomplywithapplicablecontract healdmdsafetyandaccessrequirements. 8. Allapplicationsshallcontainevidencethattheapplicantagencyhascompliedwiththe Cahfomia Environmental Quality Act(CEQA)of 1970 including documentationthat theDepartmentofFishandGameCEQAfeewaspaidonsnotapplicable. 9. The fimding for your project cannot be changed to a different site without DPR approval. 10. Where necessary,up to 20%ofthe grant amount orconstruction costs whicheveris less,may be expended for non-construction costs such as plans and specifications, acquisition documents,construction inspections,and directly-related administrative costs. 11. GrantsmaybeauditedatanytimebyDPRuptothreeyea rsafterprojectcompletion. A projectis completeupon receipt offinal grantpaymentfromthe State. AVOID AUDIT EXCEPTIONS-KEEP ACCURATE RECORDS OF ALL EXPENDITURES. CALIFORNIASTATEPARKS-LOCALASSISTANCEOFFICE PAGE 3 / - ATTACHMENT 3 12. Agencies that receive a grant from the fund for enhancement, restoration, o r improvement projects shall utilize the services ofthe California Conservation Corps andlocalcommunityconservationcorpstotheextentpmcticable. 13. The agency that manages lands acquired with Habitat Conservation Funds shall prepare,with full public participation,a management plan for lands that have been acquired.T heplanshallreasomblyreducepossibleconflictswithneighboringlanduse and land owners, including agriculturists. The plan shall comply with the EnvironmentalQualityAct.. ElizibleAnnlicants Onlylocal units ofgovemmentare eligible.Theyare cities,counties,cities and counties,or districtsasdefinedinSubdivision(b)ofSection5902ofthePublicResourcesCode, EliQib&Proiects Thefollowingtypesofpro jectsareeligible: ACQUISITIONOF. a)Deerandlionhabitat,mcludingoakwoodlands. b)Habitatfonareandendangered,threatened,orfullyprotectedspecies. c)Wildlifecorridorsandurbantrails. d)Wetlands. e)Aquatichabitat forspawningandrearingofanadromoussalmomdsand troutresources. f)Riparianhabitat. Acquisition includes,butisnotlimitedto,gifts,purchases,leases,easements,the exerciseof eminentdomaimfexpresslyauthonzed,thetransferorexchangeofpropertyforotherproperty oflikevalue,transfers ofdevelopmentnghts orcredits,andpurchases ofdevelopmentrights and other interests. Prior to recommending the acquisition of lands located on or near tidelands,submerged lands,swamp or overflowed lands,or other wetlands,whether or not those lands havebeengrantedintnrsttoalocalpublic agency,any Stateorlocal agency or non-profit agency receiving funds under this program shall submit to the State Lands Commission any proposal for the acquisition ofthose lands.The State Lands Commission shall,withinthreemonthsofsubmittal,reviewtheproposedacquisition,makeadekmnination as to the State's existing orpotential interest inthe lands,andreport its findings tothe entity CALIFORNIASTATEPARKS-LOCALASSISTANCEOFFICE PAGE 4 l