HomeMy WebLinkAbout04/16/2002, C3 - AUTHORIZATION TO APPLY FOR ENVIRONMENTAL GRANT MONIES FROM THE LAND AND WATER CONSERVATION FUND, AN council
acEnaa Report h.N..b°' C3
C I T Y OF SAN L U IS O B I S P O
FROM: Wendy George,Assistant City Administrative Officer
Prepared By: Neil HavWc,Natural Resources Manager V) )-
SUBJECT: AUTHORIZATION TO APPLY FOR ENVIRONMENTAL GRANT
MONIES FROM THE LAND AND WATER CONSERVATION
FUND,AND REAPPLICATION FOR ENVIRONMENTAL GRANT
MONIES FROM THE RIPARIAN AND RIVERINE GRANT
PROGRAM,IN SUPPORT OF THE PROJECT KNOWN AS THE
AHEARN PROPERTY ACQUISITION
CAO RECOMMENDATION
(1). Adopt a resolution authorizing staff to complete and submit an application for grant monies in
amount of$100,000 from the Land and Water Conservation Fund which would be used in support
of acquisition of the Abeam property at Stagecoach Road and Highway 101,and
(2). Adopt a revised resolution clarifying the City's February 1, 2002 application for grant funds
from the new Riparian and Riverine Habitat Grant Program in amount of$250,000, also in support
of acquisition of the Ahearn property.
DISCUSSION
Mr. Dennis Ahearn of San Luis Obispo is the owner of an approximately 610-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 has approached City staff regarding the possibility of sale of the property for
conservation purposes,and we having been actively pursuing grant opportunities for approximately
a year. One such program is the Land and Water Conservation Fund, a Federal program
administered by the California Department of Parks and Recreation. Staff considers the Ahearn
property to be an excellent candidate for this source, due to the many conservation and recreation
values that the property exhibits. We are therefore requesting authorization to seek grant support
from the Land and Water Conservation Fund in its current round.
Last week City staff received a letter from the State Department of Parks and Recreation,
requesting several additional items for our application to the Riparian and Riverine Habitat Grant
Program, originally submitted in February of this year. Among other items, the letter requested a
revised resolution from the Council which includes the statement that the Council certifies that is
has, or will have, funds to operate and maintain the property. We have included a new resolution
including such language. Staff is comfortable making this statement because of the Council's
continuing commitment to the Open Space Ranger Program,the strength of the City's other support
of the Greenbelt program, and (in this case) the fact that maintenance obligations will be shared
with the United States Forest Service.
C 3-t
Council Agenda Report-Authorization to Apply for Grant Funds
Page 2
Staff continues to pursue other potential funding sources and is seeking direct funding support from
the Congress, since most of the property lies within the boundaries of Los Padres National Forest.
The project has also attracted the support of the National Park Service, as the property lies on the
route of the Juan Bautista DeAnza National Historic Trail..
FISCAL EVIPACT
This project is still in a formative stage, and it is premature to speculate on fiscal impact. Given the
numerous community values that the project can contribute, however, staff believes it is prudent to
pursue all available funding sources in an effort to assemble an acquisition package for the
property. We do foresee the use of some City funds in the transaction if successful; there is
currently about $225,000 (including reimbursements due the City) in the Greenbelt Program. Staff
remains confident, that substantial outside sources of funds will be available for the Ahearn project,
due to its numerous Federal,highway, and coastal nexuses.
The application deadline for the Land and Water Conservation fund grant is May 1, 2002. We
would expect to be notified about the success of the grant in the fall. Notification of success of the
Riparian and Riverine Grant Program is expected in the summer.
ALTERNATIVE
The Council could decide not to pursue the grant monies. This is not recommended as submitting
these applications 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 Regarding Land and Water Conservation Fund
2. Location Map
3. LWCF Grant Program Summary
4. Letter Regarding Riparian and Riverine Grant Program
5. Amended Resolution Regarding Riparian and Riverine Grant Program
GAHAVLIK\Councilagenda\aheam Iwcf grant app.doc
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ATTACHMENT 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING SUBMITTAL OF A GRANT APPLICATION
TO THE LAND AND WATER CONSERVATION FUND IN SUPPORT
OF-THE PROJECT KNOWN AS THE AHEARN PROPERTY ACQUISITION
WHEREAS,the Congress of the United States has established the Land and Water
Conservation Fund,which provides funds to the States for grants to local agencies to acquire
and/or develop facilities for public recreation and wildlife habitat protection purposes; and
WHEREAS, the California Department of Parks and Recreation has been assigned the
responsibility for the administration of a portion of the program within California, including the
establishment of necessary procedures governing grant applications by local agencies under the
program; and
WHEREAS, said procedures 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 to the Land and Water Conservation Fund Grant
Program in support of 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.
On motion of Councilmember , seconded by Councilmember
, and on the following roll call vote:
AYES:
NOES:
ABSENT:
C3--3
Resolution No. (2002 Series)
Page 2
The foregoing resolution was adopted this day of ,2002.
Allen K. Settle, Mayor
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
/frgf t. J ge n, y Attorney
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I N N I r lol v 7
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.
C3-.S
ATTACHMENT 3
OVERVIEW OF THE LAND AND WATER
CONSERVATION FUND PROGRAM
The Land and Water Conservation Fund Program provides funds to federal agencies, and to
the 50 states and 6 territories. The money allocated to the states may be used for statewide
planning, and for acquiring and developing outdoor recreation areas and facilities..
The program, which is administered nationally by the National Park Service (NPS), became
effective in January 1965, was initially authorized for a 25-year period, and has been extended
for another 25 years, to January 2015. Under the provisions of the California Outdoor
Recreation Resources Plan Act of 1967, the expenditure of funds allocated to California is
administered by the State Liaison Officer (SLO),.who is the Director of the State Department
of Parks and Recreation.
Funds for the program are derived from federal recreation fees, sales of federal surplus real
property, the federal motorboat fuels tax and the Outer Continental Shelf mineral receipts.
DISTRIBUTION OF FUNDS
Not less than 40 percent of the funds available each year are retained by the federal
government to be used by federal agencies in acquiring lands for outdoor recreation purposes
Generally, the remaining 60 percent is allocated to the 50 states and 6 territories, on a formula
basis that takes into consideration population and other factors.
The costs of preparing the Statewide Comprehensive Recreation Resources Plan and the State
Liaison Officer's Contingency Fund are deducted from California's annual apportionment.
The balance of the annual allotment is divided, 60 percent to local agencies and 40 percent to
state agencies.
State agencies sharing in the funds are the Department of Parks and Recreation (55%), the
Wildlife Conservation Board (35%), the Department of Boating and Waterways (5%) and the
Department of Water Resources (5%).
The local agencies' share of the funds is divided on the basis of population between northern
California (40%) and southern California (60%) (see Appendix C, Page 57).
G3�'�
ATTACHMENT 3
ELIGIBLE AGENCIES
Local agencies eligible to share in the fund are counties, cities, recreation and park districts
and special districts with authority to acquire, develop, operate, and maintain public park and
recreation areas.
Eligible state agencies are designated by law, and identified on the previous page on the
Distribution of Funds.
ELIGIBLE PROJECTS
The LWCF is limited to outdoor recreation purposes, and to indoor facilities which support
outdoor recreation activities.
The types of projects most often funded by local agencies are acquisition or development of
neighborhood, community, and regional parks that include top priority recreation projects or
acquisitions of wetlands. (Combination acquisition and development projects are not eligible.)
Examples of activities for which competitive projects can be submitted and their priorities are
found on page 7.
Ineligible for funding are projects such as restoration or preservation of historic structures,
construction of employee residences, interpretive facilities which go beyond interpreting the
project site and its immediate surrounding area, development of convention facilities,
commemorative exhibits, construction of facilities marginally related to outdoor recreation,
indoor facilities such as community centers and gymnasiums, and facilities used primarily for
spectator sports.
Projects funded by state agencies include additions to state parks and recreation areas, wildlife
areas, boating facilities, and wetlands projects.
IMPORTANT POINTS
1. Property acquired or developed under the program must be retained in perpetuity for
public outdoor recreation use. The area to be retained is identified on the 6(f)(3)
Boundary Map submitted by the applicant.
2. The state's cost of administering the LWCF Program is paid by a surcharge from each
grant. One-half of the state's surcharge is paid by the grant recipient, and will be
deducted from the reimbursement.
3. This is a reimbursement program. You are expected to finance the entire project.
Fifty percent of the actual expenditures up to the support ceiling of the grant will be
refunded when the project has been completed. Your original estimate of the project
costs will determine the support ceiling. Allow for cost increases.
2 C3-7
ATTACHMENT 3
4. A combination acquisition/development project will not be considered for funding.
5. Conformance with all rules and regulations under the LWCF program is of primary
concern. Your project proposal will also be judged on its completeness, its accuracy,
and above all, its ability to meet the recreational needs of your constituency.
6. The project must demonstrate evidence of compliance with the National Environmental
Policy Act of 1969 (NEPA), and the California Environmental Quality Act (CEQA).
Verification that the requirements have been met must occur before your project
proposal can be considered eligible for funding.
Your proposed project site should be investigated to ensure that there is no toxic
contamination that could cause a delay or clean up of the site that would slow down
the construction of your grant project.
7. Actual funds for the project are committed to the project after the agreements have
been completed between the National Park Service and the state; and between the
state and the successful applicant. Do not start your project even after notification of a
successful application without approval from the state.
8. If your project is selected by the state, you will be supplied with instructions on how to
undertake and complete the acquisition or development. Appraisals or plans and
specifications must be submitted within six months after selection, for.review and
approval by the state.
9. For development projects, plans and specifications must be approved by the state
before advertising for bids.
10. You may not take title to project lands, or begin construction, until agreements have
been signed and you have received notification of acquisition or development
document approval. Any such action, prior to state review and approval of
acquisition/development documents, is at the participant's own risk.
11. When an applicant's authorized representative signs the state/local agreement to receive
LWCF funds, the applicant is agreeing to the assurances in Appendix B, page 51.
SURCHAR E
The costs to the state for administe g the LWCF progr are recovered fro participating
agencies suc as yours and the feder government. Your ency's original es ' to of the
project costs at the time of application will determine the su ort ceiling for fed ral
reimburseme t. A surcharge will be d ucted from the fede reimbursement o roject costs
before the ds are passed through to ur agency.
3 C3 -g
State of California•The Resources Agency ` Gray Davis, Governor
`7:bS)4Y
DEPARTMENT OF PARKS AND RECREATION•P.O.Box 942896•Sacramento,CA 94296.0001 Rusty Arefas,Director
ATTACHMENT 4
April 2,2002
Neil Havlik
Natural Resources Manager
City of San Luis Obispo
990 Palm Street
San Luis Obispo, California 93401
Dear Mr. Havlik:
Re: ZR-40-002 AHEARN PROPERTY ACQUISITION
This acknowledges receipt of your application for the above referenced project
that is competing for the Riparian and Riverine Habitat Grant Program. The application
that was submitted is incomplete or additional information is needed. Please send the
following items before April 22, 2002:-
Acquisition
002:Acquisition Map/Schedule
• Authorizing Resolution or Board Letter from the Applicant's governing body to
include point#2 from the "Sample Resolution" on page 31 of the Riparian and
Riverine Guideline (include: "Certifies that the Applicant has or will have
sufficient funds to operate and maintain the Project").
• Required Permits: Applicants must submit copies of all existing permits and a
list of additional required permits, the status of each, and indicate when
permit approval would occur. Permits for undertaking a Project must be
obtained before construction starts.
• Operation and maintenance agreements: All leases, agreements, etc., affecting
Project lands or the operation and maintenance thereof.
If you have any questions, please contact me at (916) 651-8574 or by email at
jmalm@parks.ca.gov.
Sincerely, /
Julie Maim
Project Officer
Office of Grants and Local Services
-- ATTACHMENT 5
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE RIPARIAN AND
RIVERINE HABITAT GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD
PARKS, CLEAN WATER, CLEAN AIR.AND COASTAL PROTECTION ACT OF 2000
FOR THE PROJECT KNOWN AS AHEARN PROPERTY ACQUISITION
WHEREAS, the People of the State of California have enacted the Riparian and Riverine
Habitat Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Act of 2000(Proposition 12), which provides grants to local agencies to increase
public recreational access, awareness, understanding, enjoyment, protection, and restoration of
California's irreplaceable rivers and streams; and
WHEREAS,the State Department of Parks and Recreation has been delegated the
responsibility for the administration 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 Riparian and Riverine Habitat Grant
Program for State grant assistance for the Ahearn property acquisition project for purposes of
riparian habitat protection, enhancement and public recreation; 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, sufficient funds to operate and maintain the
property, 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.
ATTACHMENT s
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 , 2002.
Allen K. Settle, Mayor
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
Jeffrey G. Jorgensen, City Attorney