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HomeMy WebLinkAbout09/06/2011, C8 - APPROVAL OF APPLICATIONS FOR ENVIRONMENTAL GRANT FUNDS FROM THE: 1. STATE HABITAT CONSERVATION FUND C o Un C k L Mectin�Dde acEnoa 12Epol2t immNum6r �� CITY O F SAN LUIS O B I S P o FROM: Michael Codron, Assistant City Manager Prepared By: Neil Havlik,Natural Resources Manager SUBJECT: APPROVAL OF APPLICATIONS FOR ENVIRONMENTAL GRANT FUNDS FROM THE: 1. STATE HABITAT CONSERVATION FUND; 2. STATE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM; AND 3. PROPOSITION 84 RIVER PARKWAYS GRANT PROGRAM RECOMMENDATION Adopt resolutions authorizing staff to complete and submit applications for grant monies in amount of: 1. $85,000 from the Habitat Conservation Fund ("HCF"), which would be used in support of the restoration of native vegetation and habitat on the lower flood plain of Froom Creek in Irish Hills Natural Reserve; 2. $125,000 from the Environmental Enhancement and Mitigation Program ("EEMP"), which would be used to increase the size of the riparian corridor on Prefumo Creek and create the sediment-filtering wetland envisioned in the Agricultural Master Plan for the Calle Joaquin Agricultural Preserve; and 3. $1,000,000 from the Proposition 84 River Parkways Grant Program ("River Parkways grant"), which would be used to build the bicycle and pedestrian trail along Prefumo Creek envisioned at the Calle Joaquin Agricultural Reserve, and also improve the riparian corridor on this reach of Prefumo Creek in conjunction with the grant above. DISCUSSION Habitat Conservation Fund(1HCF1'). The Habitat Conservation Fund ("HCF') is a grant program established by the State legislature in 1990 and administered by the California Department of Parks and Recreation. Its purpose is to support various activities in parks and open space lands designed to enhance natural resource features of those lands and to provide appropriate access thereto. The Fund can also be used for land acquisition. The program makes available $2,000,000 statewide for such projects, subject to annual appropriation by the Legislature. The City of San Luis Obispo has successfully applied to this Fund in the past for several acquisition projects, including the Bunnell property at Bishop Peak, the Filipponi Ecological Area on South Higuera Street, and the Johnson Ranch. This will be the City's first application for development funds from the HCF(Attachment 1). G/Havlik/Councilagenda/Environmental Grant Applications 1011 C8-1 uD 0 Environmental Grant Applications 2011 Page 2 Among the projects identified in the recently adopted Conservation Plan Update of Irish Hills Natural Reserve was the restoration and enhancement of oak and riparian woodland on the lower reaches of Froom Creek where the creek emerges from the canyon further upstream. This reach of the creek is dominated by a non-native bunchgrass (fountain grass, Pennisetum setaceum), which, although visually attractive, provides very little habitat value. The grant funds would be used to purchase, plant, and maintain until successfully established a mix of native tree, shrub, and grass species to replace the fountain grass monoculture and enhance the habitat values and scenic qualities of the creek area. HCF requires a dollar-for-dollar match, which would come from the City Council's allocation of $85,000 for improvements at Irish Hills Natural Reserve (primarily the new Froom Ranch portion) in the 2011-2013 budget. Environmental Enhancement and Mitigation Program("EEMP"). The Environmental Enhancement and Mitigation Program ("EEMP") is a grant program established by the State Legislature in 1989 and administered by Cal Trans and the California Transportation Commission. The purpose of the EEMP is to support environmental enhancement projects related to the impacts of transportation facility projects over and above the direct mitigation requirements of those projects. The program makes available $10,000,000 statewide (subject to annual appropriation by the Legislature) for environmental enhancement projects including land acquisition,highway landscaping and urban forestry, enhancement of resource lands, and roadside recreation. Over the years the City of San Luis Obispo has successfully pursued funding from the EEMP for several open space acquisition projects such as the Hastings property in Reservoir Canyon and the Johnson Ranch, and environmental enhancement projects such as the Bob Jones Trail Wetland Enhancement Project. The recent approval of the Agricultural Master Plan for the Calle Joaquin Agricultural Reserve provides an excellent opportunity for the City of San Luis Obispo to utilize this grant source for a major improvement program along Prefumo Creek. Councilmembers will recall that among the main proposals of the Master Plan were the enhancement of the riparian corridor of Prefumo Creek, establishment of a filtering wetland where storm runoff enters the creek, and a pedestrian/bicycle trail along the creek extending from Calle Joaquin to Oceanaire Drive. The riparian corridor and wetland proposals in the Agricultural Master Plan are an excellent fit for the EEMP, since the 2005 Calle Joaquin Realignment Project associated with the Costco opening directly destroyed wetlands and riparian habitat at the southeast corner of the Froom Ranch along Los Osos Valley Road. Staff recommends requesting$125,000 from the EEMP for these resource enhancements (Attachment 2). The EEMP does not require a match; however, in-kind services such as City staff time planning and overseeing the project can be counted as a local contribution,thus improving the competitiveness of the application. Proposition 84 River Parkways Grant Program ("River Parkways grant"). In 2006 voters passed the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Bond Act, which authorized the Legislature to appropriate $62,000,000 to the G/Havliklcouncilagenda/Environmental Grant Applications 2011 Q C8-2 Environmental Grant Applications 2011 Page 3 . Resources Agency for the acquisition, restoration,protection, and development of river parkways in accordance with the California River Parkways Act of 2004. This program is designed to assist communities to better utilize local waterways for recreation, habitat improvement, flood management, and interpretation, and is referred to commonly as the River Parkways Grant Program. The current round of grants will utilize the final $30,000,000 of program funds (Attachment 3). As noted above, the Agricultural Master Plan for the Calle Joaquin Agricultural Reserve provides an excellent opportunity for the City of San Luis Obispo to utilize this grant source for construction of the pedestrian/bicycle trail along Prefumo Creek extending from Calle Joaquin to Oceanaire Drive, and associated enhancements along the creek. These are activities that the River Parkways Grant Program seeks to accomplish. Therefore staff recommends seeking a grant in amount of $1,000,000 to accomplish this. There is no match requirement for the program; but high expense items such as bridges are not eligible. However, the fact that the City has funding in amount of approximately $250,000 on hand to construct the one needed bridge across Prefiuno Creek should make the project more competitive to the reviewing agencies. FISCAL IMPACT These grants, if applied for successfully, will provide outside funding to support several important resource enhancement and recreational projects of benefit to the natural environment and to the citizens of San Luis Obispo. The HCF requires a dollar-for-dollar match, which is available from the Council-approved CII' allocation for Irish Hills in the 2011-2013 budget. The EEMP and River Parkways grants do not require matches, although the City is in a position to identify monies that will contribute to the success of the proposals. Staff does not expect to hear whether the applications have been successful until the spring of 2012. ALTERNATIVES The Council could decide not to pursue one or more of these 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 1. Resolution—Habitat Conservation Fund 2. Resolution—Environmental Enhancement and Mitigation Program 3. Resolution—California River Parkways Grant 4. Grant Program Summaries G/Havlik/councilagenda/Environmental Grant Applications 1011 C8-3 O ATTACHMENT I RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM 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 and fish and wildlife habitat protection purposes; and WHEREAS,the State Department of Parks and Recreation has been delegated the responsibility for the administration of the Habitat Conservation Fund(HCF)program, setting up necessary procedures governing project application under said program; and WHEREAS,said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application(s)before submission of said application(s)to the State; and . WHEREAS, the City of San Luis Obispo desires to apply for this grant program to support the restoration of natural vegetation and habitat on Froom Creek, in the City of San Luis Obispo's Irish Hills Natural Reserve; 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. Approves the filing of an application for the Habitat Conservation Fund Grant Program; and 2. Certifies that the City of San Luis Obispo 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 3. Certifies that the City of San Luis Obispo has or will have sufficient funds to operate and maintain the project(s); and 4. Certifies that the City of San Luis Obispo has reviewed, understands, and agrees to the provisions contained in the contract shown in the grant administration guide; and 5. Delegates the authority to the City Manager 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 project. 6. Agrees to comply with all applicable federal, state, and local laws, ordinances,rules, regulations and guidelines. C8-4 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 16`h day of September, 2011. Jan Howell Marx, Mayor ATTEST: Elaina Cano, City Clerk APPROVED AS TO FORM: J. Christine Dietrick, City Attorney C8-5 ATTACHMENT 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE PROJECT KNOWN AS PREFUMO CREEK RIPARIAN CORRIDOR ENHANCEMENTS WHEREAS, the Legislature of the State of California has enacted AB 147 (Chapter 106 of the Statutes of 1989), which is intended to provide$10 million annually for a period of 10 years for grant funds to local, state, and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS, the Natural Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Natural Resources Agency require a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the Applicant must comply with; and WHEREAS, the.City of San Luis Obispo desires to apply for funding from this grant program for a project to enhance the natural characteristics of Prefiuno Creek within the City of San Luis Obispo; and WHEREAS, the City of San Luis Obispo, if selected, will enter into an agreement with the State of California to carry out the environmental enhancement and mitigation project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Approves the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance; and 2. Certifies that the City of San Luis Obispo will make adequate provisions for operation and maintenance of the project, and 3. Appoints the City Manager to act as agent of the City of San Luis Obispo 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. C8-6 ATTACHMENT 2 Resolution No. Page 2 On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed adopted this 6th day of September,2011. Jan Howell Marx,Mayor ATTEST: Elaina Cano, City Clerk APPROVED AS TO FORM: J. Christine Dietrick, City Attorney C8-7 ,3 ATTACHMENT 3 Resolution No: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE SAFE DRINKING WATER,WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION ACT OF 2006 (Proposition 84) WHEREAS, the Legislature and Governor of the State of California have provided Funds for the program shown above; and WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the State Resources Agency require a resolution certifying the approval of application(s)by the Applicant's governing board before submission of said application(s) to the State; and WHEREAS, the City of San Luis Obispo desires to apply for the River Parkways Grant Program for a project of extend a bicycle and pedestrian trail along a natural creek in the City and improved the riparian habitat there; and WHEREAS, the City, if selected, will enter into an agreement with the State of California to carry out the Project NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Approves the filing of an application for the project known as Bob Jones Trail Prefumo Creek Extension Project; 2. Certifies that the City understands the assurances and certification in the application; and 3. Certifies that the City will have sufficient funds to operate and maintain the Project(s) consistent with the land tenure requirements, or will secure the resources to do so; and 4. Certifies that it will comply with all provisions of Section 1771.8 of the State Labor Code; and 5. Certifies that the Project will comply with any laws and regulations including,but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, disabled access laws, and, that prior to commencement of construction, all applicable permits will have been obtained; and C8-8 � O ATTACHMENT 3 6. Certifies that the City will work towards the State Planning Priorities intended to promote equity,strengthen the economy,protect the environment, and promote public health and safety as included in Government Code Section 65041.1; and 7. Designates the City Manager , or designee, to act as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 6th day of September 2011. Jan Howell Marx, Mayor ATTEST: Elaina Cano, City Clerk APPROVED AS TO FORM: J..Christine Dietrick, City Attorney C8-9 ATTACHMENT 4 II. HABITAT CONSERVATION FUND PROGRAM EXECUTIVE SUMMARY Competitive Program Intent Protecting, restoring, and enhancing wildlife habitat and fisheries are vital to maintain California's quality of life. The impacts of the increase in the state's human population results in an urgent need to fund projects that protect rapidly disappearing wildlife habitats that support California's unique and varied wildlife resources. In response to this need, the people of California voted to enact the California Wildlife Protection Act of 1990, Chapter 9, Fish and Game Code (FGC) § 2780 through 2799.6, which largely defines the Habitat Conservation Fund (HCF) Program. Other legislation that impacts the program includes Fish and Game Code § 2720— 2729, Government Code § 7550 —7550.6 and 13340, and Public Resources Code § 5900 through 5903, 5096.310, 21000, and 33216. The underlying concepts for the program are derived, in part, from the applicable sections of Proposition 117 as enacted in the following Fish and Game Code (FGC) sections: FGC 4 2786 (a) through (f): "...the money in the Habitat Conservation Fund, which is hereby created, shall be used for the following purposes: (a) The acquisition of habitat, including native oak woodlands, necessary to protect deer and mountain lions. (b) The acquisition of habitat to protect rare, endangered, threatened, or fully protected species. (c) The acquisition of habitat to further implement the Habitat.Conservation Program pursuant to Article 2 (commencing with Section 2721) excepting Section 2722 and subdivision (a) of Section 2723, and § 2724 and 2729 (d) The acquisition, enhancement, or restoration of wetlands. (e) The acquisition, restoration, or enhancement of aquatic habitat for spawning and rearing of anadromous salmonids and trout resources. (f) The acquisition, restoration, or enhancement of riparian habitat. FGC Section 2787 (a)(3) "Two million dollars for 50 percent matching grants to local agencies...for the acquisition of wildlife corridors and urban trails, nature interpretation program, and other programs which bring urban residents into park and wildlife areas..." HCF PROGRAM APPLICATION GUIDE 5 RIPARIAN HABITAT C8-10 ATTACHMENT 4 Annual Allocation The HCF Program allocates approximately$2 million per year to the California Department of Parks and Recreation. Application Filing Deadline The application must be either delivered or postmarked by no later than 5:00 PM on the application due date, which will be announced annually on the OGALs website, www.Parks.ca.gov/-qrants. OGALS has the authority to award any excess funds via additional funding cycles, which would be announced as needed on the OGALS website, www.Parks.ca.gov/grants. Grant Performance Period The grant performance period for each project is 5 years starting on July 1 of the fiscal year following the application due date, based on final enactment of the state budget. Grantees will have up to three years to encumber the contract, and an additional two to complete the project. Maximum and Minimum Grant Request Amounts OGALS recommends that grant requests generally do not exceed $200,000. However, there are no maximum or minimum grant amounts. OGALS will make an effort to provide equitable geographic distribution of funds, provided that sufficient well-qualified proposals exist. Required Match There is a required non-state dollar-for-dollar match. See page 15 for more information. Project Categories There are seven eligible project categories: habitats for deer/mountain lions, rare, endangered, threatened, or fully protected species, wetlands, anadromous salmonids and trout, and riparian, trails, and wildlife area activities. • All categories are eligible for funding in each annual funding cycle. • There is a separate application guide for each category This is the "Riparian Habitat" Application Guide. The meanings of words and terms shown in sMALL.cAPs are in the Definitions Section, beginning on page 46. HCF PROGRAM APPLICATION GUIDE 6 RIPARIAN HABITAT C8-11 California Resources Agency- Pronosition 84-Proposition 84 California River Parkways... Page 1 of 2 ATTACHMENT 4 rnaturai 7wl GE urcesY A G E N C Y The Environmental Enhancement And Mitigation Program THE 2011-12 GRANT CYCLE IS NOW OPENI DEADLINE: APPLICATION MUST BE RECEIVED BY Monday, September 12, 2011 The California Natural Resources Agency and California Department of Transportation(Caltrans)are pleased to announce the joint release of the Guidelines and Application for the Environmental Enhancement and Mitigation Program. Please note the shortened(45 day)solicitation period. The Environmental Enhancement and Mitigation Program(EEMP)was established by the Legislature in 1989.It offers a total of$10 million each year for grants to local,state,and federal governmental agencies and to nonprofit organizations.Eligible projects must be directly or indirectly related to the environmental impact of the modification of an existing transportation facility or construction of a new transportation facility.(CA Constitution,Art.XIX,Sec.1) Grants are awarded in four categories: Highway Landscaping and Urban Forestry Projects are designed to offset vehicular emissions of carbon dioxide through the planting of trees and other suitable plants. Resource Lands—Projects for the acquisition,restoration,or enhancement of resource lands(watersheds,wildlife habitat, wetlands,forests,or other significant natural areas)to mitigate the loss of or detriment to such lands within or near the right of way for transportation improvements. Roadside Recreation Projects provide for the acquisition and/or development of roadside recreational opportunities. Mitigation Projects Beyond the Scope of the Lead Agency responsible for assessing the environmental impact of the proposed transportation improvement NEWT The Guidelines and Application are published by the Natural Resources Agency each year.The Natural Resources Agency evaluates project proposals and provides a list of recommended projects to the California Transportation Commission(CTC)for consideration. Caltrans administers the approved grants. TECHNICAL ASSISTANCE WORKSHOPS Workshops are held to assist applicants in preparing grant applications.RSVP to reserve your space at eemcoordinator(c)resources.ca.00v. Wednesday,August 17,2011 Tuesday,August 23,2011 City of Los Angeles City of Sacramento 1:00 to 3:00 1:30 to 3:30 California Department of Transportation Sacramento Area Council of Governments Caltrans District 07 Offices, (SACOG)3rd Floor Board Room 100 South Main Street, 1st Floor,Rm 1.0406 1415 L Street,Suite 300 Los Angeles,CA 90012 Sacramento,CA 95814 GUIDELINES AND APPLICATION IMPORTANT!Please make note of the shortened(45 DAY)application period.Applications for funding must be received in the office of the Natural Resources Agency by 4:00 p.m.Monday,September 12,2011. Guidelines and Application are available for download here: http://www.resources.ca.gov/eem/ 8/24/20-12 "-; ATTACHMENT 4. I. INTRODUCTION California voters passed the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006. It added to the Public Resources Code, Section 75050, authorizing the Legislature to appropriate the sum of sixty-two million dollars ($62,000,000) to Agency for the acquisition, restoration, protection and development of river parkways in accordance with the California River Parkways Act of 2004. This is the final round of the Prop 84 River Parkways Grant Program with $30.0 million available for awards. II. ELIGIBILITY Eligible Applicants Grant Funds will be awarded to Public Agencies and California Nonprofit Organizations. All nonprofits must be a 501(c)(3) as verified by the Internal Revenue Service. Statutory Requirements 1. Projects must involve natural creeks, streams and/or rivers, even if they flow only during the rainy season, or channelized or culverted creeks, streams and/or rivers. 2. Projects must meet at least two of the following five statutory conditions: o Recreation - Provide compatible recreational opportunities, including trails for strolling, hiking, bicycling and equestrian uses along rivers and streams. o Habitat - Protect, improve, or restore riverine or riparian habitat, including benefits to wildlife habitat and water quality. o Flood Management - Maintain or restore the open space character of lands along rivers and streams so that they are compatible with periodic flooding as part of a flood management plan or project.. o Conversion to River Parkways - Convert existing developed riverfront land into uses consistent with river parkways. o Conservation and Interpretive Enhancement - Provide facilities to support or interpret river or stream restoration or other conservation activities. Other Statutory Requirements 3. Must provide public access or be a component of a larger parkway plan that provides public access. 4. Projects must comply with the California Environmental Quality Act (CEQA), Division 13 (commencing with Section 21000). 5. Real property must be acquired from a willing seller. 6. Projects must comply with Labor Code Section 1771.8 regarding the labor compliance program and prevailing wages. C8-13 ATTACHMENTA III. SELECTION PROCESS 1. Applicants submit application form electronically. 2. Applicants submit a complete grant application package to the State by the deadline. 3. Applications are reviewed for completeness and eligibility. 4. Incomplete or ineligible applications may not be evaluated or considered for funding, at the sole discretion of the State. (A "master' application containing several projects at more than one location is not eligible for funding. However, applicants may submit more than one grant application per grant round.) 5. Applications will be evaluated using the established criteria and any additional funding considerations (see page 10). 6. Site visits may be scheduled prior to funding decisions.. 7. Proposals are recommended for funding to the Secretary for the Natural Resources Agency. 8. Final funding decisions are determined and announced. All information contained in the grant application is confidential until the grant awards are announced. IV. GRANT ADMINISTRATION 1. State sends Grant Agreement and materials for grant administration to grantee. 2. Grantee signs and returns all required copies back to the State for signature. (A fully executed copy will be returned to the Grantee.) 3. Grantee submits completed appraisal, purchase documents, etc., for State review (acquisition projects only). 4. Grantee commences preliminary work (planning/design/CEQA, etc.) on the project and submits requests for reimbursements, as applicable. 5. Grantee submits CEQA compliance documentation. 6. Grantee may be asked to submit preliminary plans to the State for review and comments. 7. Grantee submits final site plans, bid documents, cost estimate (as applicable) for review by the State prior to commencing with construction, and verification that all required permits are secured. 8. Grantee posts signs at a visible spot on the site acknowledging source of funds. 9. Grantee commences construction work on the project and may submit payment requests for reimbursement of project expenditures. 10. State may schedule periodic on-site visits and request periodic progress reports from the grantee. 11. Grantee completes project and submits project completion packet (to be provided under separate cover). 12. State makes final project inspection and approves final payment. Site control satisfactory to the State must be received prior to any funds being reimbursed. The grant may be audited annually during the course of the project and for three years after the project is completed. C8-14 ATTACH IIA ENT 4. A. Eligible Costs Direct project-related costs incurred during the project performance period specified in the Grant Agreement will be eligible for reimbursement. All eligible costs must be supported by appropriate documentation. Costs incurred outside of the performance period are not eligible for reimbursement. Indirectioverhead costs are not eligible for reimbursement. (see page 46 for definition of overhead costs). The project scope (i.e., the activities to be completed using either 100% grant funds or a combination of grant funds and matching funds) must meet the eligibility requirements. However, grant funds need not fund all activities used to meet eligibility requirements. B. Payment of Grant Funds Funds cannot be disbursed until there is a fully-executed Grant Agreement between the State and the Grantee. Funds for construction/implementation cannot be disbursed until CEQA is completed. Development projects • Payments will be made on a reimbursement basis (i.e., the grantee pays for services, products or supplies, submits invoices and proof of payment and is then reimbursed by the State). It generally takes 4-6 weeks to receive payment once a complete Payment Request is submitted. • Ten percent (10%) of the amounts submitted for reimbursement may be withheld and issued as a final payment upon project completion. Acquisition projects • State-approved purchase price, together with eligible acquisition costs, may be advanced into an escrow account within 60 days of close of escrow. All disbursements may be subject to a ten percent (10%) retention, withheld at the sole discretion of the State. • The remainder of the Grant, if any, shall be available on a reimbursable basis for other eligible project costs. C. Site Visits The State may make periodic visits to the project site, including a final 'inspection. The State will determine if the work is consistent with the approved project scope and ensure compliance with signage requirements. C8-15 -4 - ATTACHMENT D. Loss of Funding (not a complete list) The following are examples of actions that may result in a grantee's loss of funding: • Grantee fails to execute a grant agreement. • Grantee withdraws from the grant program. • Property cannot be acquired at approved fair market value. • Grantee loses willing seller(s). • Grantee fails to submit required documentation within the time periods specified in the grant agreement. • Grantee fails to submit evidence of CEQA compliance as specified by the grant agreement. • Grantee changes project scope without prior approval from the State. • Grantee fails to complete the project. • Grantee fails to demonstrate sufficient progress. C8-16