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HomeMy WebLinkAbout11/12/2002, C7 - AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE STATE FARMLAND CONSERVANCY PROGRAM council - j agenda aepoat CITY OF SAN LUIS OBISPO FROM: Wendy George,Assistant City Administrative _'Officer U�( Prepared By: Neil Havlik,Natural Resources Manager ► ` 4 U SUBJECT: AUTHORIZATION OF APPLICATION FOR GRANT FUNDS FROM THE STATE FARMLAND CONSERVANCY PROGRAM CAO RECOMMENDATION Adopt a resolution authorizing submittal of a grant application to the California Department of Conservation in the amount of$275,000 in support of acquisition of an agricultural conservation easement on a portion of the 391 acre Brughelli Ranch on Buckley Road south of the Airport Area. DISCUSSION In 1996 the State Legislature established the Agricultural Land Stewardship Program(ALSP)as the State's primary farmland protection program. This program makes State funds available to local governments and nonprofit organizations to acquire conservation easements on prime, unique or other important agricultural soils for the purpose of limiting or preventing the conversion of such sites to nonagricultural uses. The program was recently renamed the Farmland Conservancy Program and has enjoyed increased funding in the last several years. Among the properties identified as high priorities for land conservation in the vicinity of the City of San Luis Obispo have been the agricultural properties south of the Airport and in the Edna Valley. Unfortunately, landowners in the area have been unwilling to involve themselves in conservation transactions, so the interest indicated by the Brughelli family is seen as an important breakthrough in this regard. The Brughelli property is one of the largest single properties south of the Airport Area. It consists of prime soils, about 50 acres of which is currently farmed, and non-prime soils on rolling hills used for livestock grazing. Much of the land now used for grazing was probably dry-farmed in the past, as was the case on many properties in that area. Recently, with the assistance of Jim Brabeck of the Farm Supply Company, the Brughellis indicated a willingness to consider the sale of a conservation easement on 80 acres forming the northwestern portion of their property (map). City staff, in cooperation with staff at the State of California Farmland Conservancy Program and Federal Farmland Protection Program, are therefore studying the potential funding sources for such a transaction. Pursuant to Council direction, staff has initiated an appraisal of the property, and has also initiated discussions with representatives of the State and Federal farmland easement programs. It was agreed that now was the right time to initiate a funding request at the State level, as the G/Havliklcoancilagendalbrughelli �n - I Federal program anticipates a grant cycle to begin as early as January 2003, and having the State funds in hand would greatly improve the chances for obtaining Federal funds. It is anticipated that it would take between six months and one year to complete the transaction. The cost of the easement is estimated at $600,000 or $7,500 per acre. Staff anticipates the commitment of$50,000 from the City's Airport Open Space Impact Fee fund to this project; the balance would come from the State and Federal programs. The $50,000 will fulfill the State program requirement for a minimum five percent match. As an easement purchase for conservation purposes, this project is exempt from both CEQA and NEPA. FISCAL IWACT The grant, if successful, will have a beneficial fiscal effect by providing outside funding support for this City-initiated project. No General Fund monies are needed for the project. ALTERNATIVE The Council could decide to not authorize the application. This is not recommended as the application itself does not constitute a commitment on the part of the City or of any landowners, and this would constitute a reversal of previous direction from the Council. Attachments 1. Project Location Map 2. Grant Program Summary 3. Resolution G/Havlik/counci[agenda/hrughelli c � - a vvt_ it 1C. Dis osa I §i \� Net, Well. Mob Cinne ♦ I.-% , /19 I- I_ # .__ R ( 10 4.1 Gravel c — PA—————————————— All --Tk4 Gr v obile Hoche 0 0 0 0 0 Pits i Pumping Mobile onn • '_�tat,on Park Q 11124 TANK FARM %ilk E A V ark ... ........... Lnin :9 V-K Levees -,-T` .14, I x 10 ------- -WT N 12- .% 10 'ed,s 0 hl, ;I- 'Lesson Sch # Beac _FE C 158 Weil EY C an a Easement C7 CC Area -7 15' bo ... 3 Vve 00 80 � 0 eAl. -Well-\ Z Oas3 Per K ro 66; N Sewage b s plIt V ffffff 1�4:b .A_ # CITY OF SAN LUIS OBISPO GREENBELT PROTECTION PROGRAM Brughelli Property Conservation Easement Acquisition Scale 1 '=2,000' ATTACHMENT 2 Chapter 1: The CFCP Grant Program "14 Chapter 1 : Grants Program Purpose and Authority The Department of Conservation's The CFCP is authorized to work throughout California Farmland Conservancy Program California. Within the coastal zone (as provides grants to local governments and defined in Section 30103 of the Public qualified nonprofit organizations for: Resources Code) the CFCP works in consultation with the State Coastal • voluntary acquisition of conservation Conservancy (Public Resources Code easements on agricultural lands that are Section 10225). under pressure of being converted to non-agricultural uses; • temporary purchase of agricultural lands This Request for Grant Applications details that are under pressure of being requirements and guidelines for grant converted to non-agricultural uses, as a application submission.All applications for phase in the process of placing an funding submitted as of the date of this agricultural conservation easement; publication should conform to the format of • restoration of and improvements to this edition of the Request for Grant agricultural land already under Applications until a subsequent edition of easement; and the Request for Grant Applications is • agricultural land conservation planning published. and policy projects. The CFCP is designed to work in concert with local planning and zoning strategies to conserve agricultural land. The Program was created by the California Farmland Conservancy Program Act of 1995, contained within Division 10.2 of the Public Resources Code (Sections 10200 to 10277) and the Revenue and Taxation Code (Sections 421.5 and 422.5).' Related regulations are located in the California Code of Regulations, Title 14, Division 2, Chapter 6, Sections 3000 through 3015 z The Codes are available on the internet at http://www.leginfo.ca.gov/calaw.htmi, or upon request to the Department of Conservation. 2 Available on the CFCP website: www.consrv.ca.gov/dlrp/cfcp 1-1 , ( Cr) `Y ATTACHMENT 2 CFCP Request for Grant Applications Eligible Projects The CFCP offers four types of grants, described below. Before proceeding with the application process, prospective applicants are encouraged to contact the CFCP staff(916-324-0850, or cfcp@consrv.ca.gov), to discuss the preliminary details of the proposal. 1. Agricultural Conservation 2. Temporary Fee Title Easement Acquisition Projects Acquisition Projects Agricultural conservation easement projects In addition to agricultural conservation are considered eligible to be considered for easements, grant funds may be used in grant funding if they meet the following certain cases to obtain temporary fee title criteria (Public Resources Code Section (full purchase of title) to agricultural lands. In 10251): such cases, the following conditions must The parcel proposed for be met: conservation is expected to continue to be used for, and is large enough A grant recipient must agree, upon to sustain, commercial agricultural acquisition of the property, to treat production. The land is also in an the property as encumbered with an area that possesses the necessary agricultural conservation easement market, infrastructure, and subject to Public Resources Code agricultural support services, and the Section 10262 (Public Resources surrounding parcel sizes and land Code Section 10239(a)). uses will support long-term commercial agricultural production. . The grant recipient must sell the fee title subject to an agricultural • The applicable city or county has a conservation easement to a private general plan which demonstrates a landowner within three years of the long-term commitment to agricultural acquisition of the fee title (Public land conservation. This commitment Resources Code Section 10239(b)). shall be reflected in the goals, objectives, policies, and The grant recipient must reimburse implementation measures of the the CFCP Fund by an amount equal plan, as they relate to the area of the to the fair market value of the land county or city where the easement less the value of the easement and acquisition is proposed. associated transaction costs within 30 days after the sale of the • The grant proposal is consistent with restricted fee title (Public Resources the city or county general plan, and Code Section 10239(c)). the governing body of the city or county, by resolution, approves the grant proposal. (Properties within a city's Sphere of Influence must acquire resolutions of approval from both the County and City.) • Without conservation,the land proposed for protection is likely to be converted to non-agricultural use in the foreseeable future. 1-2 ATTACHMENT 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION'S FARNH.AND CONSERVANCY PROGRAM FOR THE PROJECT KNOWN AS BRUGHELLI EASEMENT ACQUISITION WHEREAS, the Legislature of the State of California has established the Farmland Conservancy Program within the Department of Conservation, and through said program is providing assistance to conserve important agricultural land resources that are subject to conversion pressures; and WHEREAS, the City of San Luis Obispo intends to acquire agricultural conservation easements on one or more areas surrounding the City in cooperation with landowners for the purpose of conserving important agricultural resources;and WHEREAS, the City Council certifies that any easements obtained will meet the eligibility requirements set forth in Public Resources Code Section 10251 and incorporated herein by reference; 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 grant assistance from the State Farmland Conservancy Program for the above project; 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, applications, agreements, amendments, payment requests and so on,which may be necessary for the completion of the aforementioned project. Approved and adopted this 12th day of November,2002. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 2002. Allen K. Settle,Mayor ATTEST: APPROVED AS TO FORM: Lee Price,City Clerk ffrG.J ge Attorney