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HomeMy WebLinkAbout09/17/2002, C8 - AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM OF THE CALI } council M.din[Da.` ?/1 Y//t/j a�Accnaa 12EpoRt Item Number C I T Y OF S AN L U IS O B I S P O FROM: Wendy George,Assistant City Administrative Officer Prepared By: Neil Havlik,Natural Resources Manager'�. �_ SUBJECT: AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 CAO RECOMMENDATION Adopt a resolution authorizing staff to complete and submit an application for grant monies in amount of$100,000 from the State Habitat Conservation Fund, which would be used in support of the acquisition of the Filipponi property at the end of Calle Joaquin. DISCUSSION Background The City of San Luis Obispo has been a participant in the Irish Hills Conservation Program, a State-led effort to conserve significant portions of the Irish Hills for conservation purposes. Most of the effort in that program is focused on lands adjacent to Montana de Oro State Park. However, portions of the San Luis Obispo Greenbelt are also within the boundaries of the Irish Hills Conservation Program, and Council has supported staff pursuit of grant support for conservation projects within that area. We have had significant success in this effort: for example, the Foster property and Johnson Ranch acquisitions benefited from over$1.6 million in State funding support. The 200 acre Filipponi property at the end of Calle Joaquin is another property within this portion of the Irish Hills and State agencies have indicated good potential for funding support for an acquisition there. The Filipponi family have been receptive to a purchase concept similar to that carred out with the family across Highway 101 two years ago; that is,purchasing those portions of the property with resource and passive recreation values and leaving the more productive agricultural lands in private ownership. The Habitat Conservation Fund has been identified as a promising source of grant funding for this project because of the high resource values of the property and its location within the Irish Hills immediately adjacent to the Johnson Ranch. Proposed Grant Program The California Wildlife Protection Act of 1990 (Proposition 117) created a funding source (the Habitat Conservation Fund) that makes available $2,000,000 statewide for park and open space acquisition and development programs. The regulations require a non-State, dollar-for-dollar match for State funds. Given the many additional values the Filipponi property could contribute to the community as a conservation property, staff believes that it is appropriate to seek State support for the project through the Habitat Conservation Fund. Given the size of the Statewide program, staff believes that $100,000 is a reasonable amount of money for which to apply. Matching funds C'8-/ Council Agenda Report—Authorization for Application for Grant Funds Page 2 are required and would come from funds in the City's Natural Resource Protection Program. The filing deadline for the application is October 1, 2002: however, funds would not be available until September or October 2003 at the earliest. The City of San Luis Obispo has enjoyed excellent success with grant applications from this program: to date some$500,000 has been awarded or expended on City projects from this source. FISCAL IMPACT The grant, if successful, will provide outside funding to support City acquisition of the property, thus providing a beneficial fiscal effect. The City's required matching funds would be appropriated at the time a purchase or option agreement with the Filipponis is brought to the Council. ALTERNATIVES The Council could decide not to pursue the grant monies. This is not recommended as submitting the application does not commit the City to anything; if, however, we choose not to apply we will lose the opportunity entirely. Attachments L. Resolution 2. Location Map 3. Grant Program Summary G/Havlik/councdagenda/hcfapp 2 Ck' RESOLUTION NO.. ATTACHMENT 1 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.2003-2004 UNDER THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 FOR ACQUISITION OF THE FILIPPONI 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 Filipponi 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. Resolution No. ATTACHMENT 1 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: f G. J ge en,01ty Attorney ck-- y -7/ 4tb FILIPPONI PROPERTY f subject) J JOHNSON RANCH '�kFILIPPONI ECOLOGICAL RESER �, .tom 1 ,�'. �._ r ,' .t ""') o ___�,• , . '. �'•` - ..T _ off 17 1 CITY OF SAN Luis oBispo ATTAINMENT 2 GREENBELT PROTECTION PROGRAM JOHNSON RANCH FILIPPONI PROPERTY FILIPPONI ECOLOGICAL RESERVE scale 1"= 1,200'approx. ATTACHMENT INTRODUCTION This guide will assist local government in applying for and administering State grant funds from the Habitat Conservation Fund Grant Program under the California Wildlife Protection Act of 1990. It contains information on the program as well as application materials. Two million dollars is available for competitive grants to local public agencies. These funds will be provided annually from July 1, 1990 to July 1, 2020. This grant program is administered by the California Department of Parks and Recreation (DPR). Day-to-day administration of individual projects is the responsibility of a project officer who is assigned a specific geographical area of the State, based on county boundaries. After you have submitted an application, you will be assigned a project officer. Processing will be expedited if the name of the project officer assigned to your area is included on all mail. All inquiries, correspondence, and grant applications should be referred to: Project Officer(Name) California Department of Parks and Recreation Planning and Local Services Section 1416 Ninth Street, Room 940 P. O. Box 942896 Sacramento, CA 94296-0001 Telephone: (916) 653-7423 FAX Telephone: (916) 653-6511 Applicants are encouraged to contact a Project Officer to determine general eligibility of a proposal and discuss the quality of key application documentation needed to evaluate the project. CALIFORNIA STATE PARKS-LOCAL ASSISTANCE OFFICE PAGE 2 ATTACHMENT 3 IMPORTANT POINTS 1. Funding Cycles- To make the program manageable, a staged competitive funding program is provided where, in every three-year period, each eligible project type will be funded twice. PLEASE SEE THE SCHEDULE IN APPENDIX G. 2. Projects that are legally required as mitigation by a regulatory agency as a condition for a permit or to proceed with construction, will not be funded under this program. However, a proposal which is in addition to any required mitigation, and a part of an overall undertaking,would be eligible. 3. Only project costs incurred after the date of appropriation will be eligible for grant funds. 4. You must start the project within three years of the date the grant funds are appropriated in the state budget. 5. This is a matching program - 50% State/50% local. The match must come from a non-State source. 6. Property acquired under the program must comply with provisions of Chapter 16, Sec. 7260 of Div. 7, Title 1 of the State Government Code. Grant recipients are required to certify to the adequacy of their acquisition process. 7. For development projects, grant recipients are required to certify that their construction plans comply with applicable contract, health and safety, and access requirements. 8. All applications shall contain evidence that the applicant agency has complied with the California Environmental Quality Act (CEQA) of 1970 including documentation that the Department of Fish and Game CEQA fee was paid or is not applicable. 9. The funding for your project cannot be changed to a different site without DPR approval. 10. Where necessary, up to 20% of the grant amount or construction costs whichever is less, may be expended for non-construction costs such as plans and specifications, acquisition documents, construction inspections, and directly-related administrative costs. 11. Grants may be audited at any time by DPR up to three years after project completion. A project is complete upon receipt of final grant payment from the State. AVOID AUDIT EXCEPTIONS-KEEP ACCURATE RECORDS OF ALL EXPENDITURES. CALIFORNIA STATE PARKS- LOCAL ASSISTANCE OFFICE PAGE 3 r/ Cd"7 I ATTACHMENT 3 12. Agencies that receive a grant from the fund for enhancement, restoration, or improvement projects shall utilize the services of the California Conservation Corps and local community conservation corps to the extent practicable. 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. The plan shall reasonably reduce possible conflicts with neighboring land use and land owners, including agriculturists. The plan shall comply with the Environmental Quality Act. Eligible Applicants Only local units of government are eligible. They are cities, counties, cities and counties, or districts as defined in Subdivision(b) of Section 5902 of the Public Resources Code. Eligible Projects The following types of projects are eligible: ACQUISITION OF.• a) Deer and lion habitat, including oak woodlands. b) Habitat for rare and endangered,threatened, or fully protected species. c) Wildlife corridors and urban trails. d) Wetlands. e) Aquatic habitat for spawning and rearing of anadromous salmonids and trout resources. f) Riparian habitat. Acquisition includes, but is not limited to, gifts, purchases, leases, easements, the exercise of eminent domain if expressly authorized, the transfer or exchange of property for other property of like value, transfers of development rights or credits, and purchases of development rights 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 have been granted in trust to a local public agency, any State or local agency or non-profit agency receiving funds under this program shall submit to the State Lands Commission any proposal for the acquisition of those lands. The State Lands Commission shall, within three months of submittal, review the proposed acquisition, make a determination as to the State's existing or potential interest in the lands, and report its findings to the entity making the submittal and to the Department of General CALIFORNIA STATE PARKS- LOCAL ASSISTANCE OFFICE PAGE 4 ATTACHMENT 3 Services.' ENHANCEMENT AND RESTORATION OF: a) Wetlands b) Aquatic habitat for spawning and rearing of anadromous salmonids and trout resources C) Riparian habitat Adequate tenure to the property is required for enhancement or restoration projects. Adequate tenure means the applicant owns the land or holds a lease or other long-term interest that is satisfactory to DPR. PROGRAMS THAT PROVIDE FOR: a) The interpretation of the State's park and wildlife resources. b) Programs which bring urban residents into park and wildlife areas. Programs include those proposals designed to provide opportunities for urban residents to use park and wildlife areas. Programs also include nature interpretation programs that are designed to increase the peoples' awareness and appreciation for park and wildlife resources. Matching Requirements Grants for acquisition shall be matched only by non-State money or property made available as part of the acquisition project. Grants for development may be matched by non-State monetary or non-monetary contributions as follows: In-kind contributions (goods and/or volunteer services) applied to the specific grant project during the project period, including, but not limited to, equipment, consumable supplies, and volunteer services, facilities or equipment. Force account labor (applicant's employees) costs incurred on the specific grant project during the grant project period. The value of real property donated for the project provided the applicant does not take title to the property until after the grant funds are appropriated by the State. Subdivision (a)of Section 5929 of the Public Resources Code CALIFORNIA STATE PARKS-LOCAL ASSISTANCE OFFICE PAGE 5 �/p C.4