Item 1.19 - Resolution Approving the Application for Grant Funds for the Environmental Enhancement and Mitigation ProgramOF PO1P 9Y
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DATE:
TO:
FROM:
City of Poway
COUNCIL AGENDA REPORT
May 16, 2017
CONTACT:
SUBJECT:
APPROVED
APPROVED AS AMENDED
❑
(SEE MINUTES)
DENIED
❑
REMOVED
❑
CONTINUED
Resolution No. �t2
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services
Joseph Lim, AICP, City Planner
885-668-4604 or 'lim owa .or
Approving the Application for Grant Funds for the
Environmental Enhancement and Mitigation (EEM)
Program to Acquire and Conserve Habitat and Open
Space in the Vicinity of Van Dam Peak
Summary:
The California Natural Resources Agency (Agency) recently announced the release of
the Guidelines and Application for the EEM Program. The City and The Trust for Public
Land are collaborating on an acquisition of properties, approximately 165 acres in size,
in the Van Dam Peak area, that will further state, regional and local conservation
objectives. City Council approval is required to apply for the EEM Program Grant, which
would be used in the eventual acquisition.
Recommended Action:
It is recommended that the City Council adopt the attached resolution (Attachment A),
approving the application for grant funds through the EEM Program.
Discussion:
Over the past couple of years the City has been working with The Trust for Public Land
to identify grants and acquire habitat properties that would help the City leverage local
habitat conservation funds in an effort to achieve local, state, and regional objectives
including, but not limited to, environmental enhancement. The Trust for Public Land is
currently negotiating an option to acquire approximately 165 acres in the Van Dam Peak
area, commissioning the appraisal of the property and pursuing funding for the
acquisition. The properties are generally located north of Poway Road and west of
Pomerado Road within the City of Poway as depicted in Attachment B. The City
currently owns 180 acres immediately adjacent and to the west and south of the
properties being considered for acquisition. The State of California also owns
approximately 147 acres immediately adjacent and to the east of the properties. Based
on recent appraisals for habitat acquisition, it is anticipated that the acquisition for the
entirety of the 165 acres would be approximately $1.65 million.
1 of 7 May 16, 2017, Item # 01
2017 EEM Program Grant Application
May 16, 2017
Page 2
The California Streets and Highways Code authorizes the State Legislature to offer up
to $7 million each fiscal year for grants to local, state, federal, and non-profit
organizations to help offset environmental impacts of new or expanded state
transportation facilities. Grant funds are not required to be spent in areas or
jurisdictions that are immediately adjacent to the new or expanded transportation
facilities. However, the EEM Program encourages projects that produce multiple
environmental benefits, such as habitat conservation, protection of species,
preservation of migration and wildlife corridors, and expansion of opportunities for
outdoor wildlife/nature oriented recreation, which this proposed acquisition of Van Dam
Peak properties would achieve. Additionally, collaborative 'acquisition projects, such as
this application with The Trust for Public Land, is a preferred criteria in the application
guidelines and is consistent with the intent of the overall EEM Program objectives.
EEM Program Grants for individual projects are generally limited to $500,000 each,
however, the Agency may recommend awards up to $1,000,000 for acquisition projects,
based on consideration of a number of factors. City staff has been working with The
Trust for Public Lands in preparing a competitive grant application. One of the factors in
considering a competitive grant application is substantial leveraging of funds. The City
currently has approximately $1.2 million of in -lieu habitat conservation funds that may
be used to acquire open space properties. Though staff would not recommend utilizing
all these funds toward the acquisition, staff is recommending that $150,000 be
earmarked to combine with the EEM Program grant funds and other grant funds that will
be used to acquire the entire 165 acres. The Trust for Public Land has identified other
grant sources with which to submit applications for completion of the land acquisition
plan. If successful in obtaining the necessary grants to acquire the Van Dam Peak
properties, the City will accept title and on-going maintenance of the properties as
required by the grant application.
Environmental Review:
This action to submit an application for funds to the California Natural Resources Agency
is not subject to review under the California Environmental Quality Act (CEQA)
Guidelines. However, as a requirement of the grant application, CEQA review must have
been completed prior to application submittal. Acquisition of property for the purposes of
conserving and preserving fish and wildlife habitat and preserving access to public lands
in its natural condition is categorically exempt pursuant to CEQA (Class 13). Therefore,
staff will be filing a Notice of Exemption prior to submittal of the grant application to the
Agency.
Fiscal Impact:
There is no fiscal impact associated with this action. If the application is successful and
grant funds are awarded from the California Natural Resources Agency, staff will prepare
a budget amendment for City Council consideration to appropriate up to $150,000 from
the City's in -lieu habitat conservation fund to meet the grant's matching funds
requirement.
2 of 7 May 16, 2017, Item # U1
2017 EEM Program Grant Application
May 16, 2017
Page 3
Public Notification:
None
Attachments:
A. Resolution
B. EEM Program Grant Application - Acquisition Sites Map
Reviewed/Approved By: Reviewed By: Approved By:
Wendy Kaserman Morgan Foley Tina M. White
Assistant City Manager City Attorney City Manager
3 of 7 May 16, 2017, Item # I A
RESOLUTION NO. 17-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL
ENHANCEMENT AND MITIGATION (EEM) PROGRAM
WHEREAS, the City of Poway is committed to conserving and protecting our
region's most pristine open space lands and natural resources; and
WHEREAS, the City of Poway has demonstrated this commitment by respectively
adopting Poway's Subarea Habitat Conservation Plan; and
WHEREAS, approximately 165 acres are available for acquisition within the City of
Poway which would preserve natural habitat, provide an open space buffer, and help
preserve existing trail connections in and around the Van Dam Peak area; and
WHEREAS, the Legislature and Governor of the State of California have enacted
Section 164.56 of the California Streets and Highways Code, which is intended to provide
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 California Natural Resources Agency has been delegated the
responsibility for the administration of this grant program, establishing necessary
procedures and criteria, 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 established by the California Natural Resources
Agency require a resolution certifying the approval of an application by the Applicants
governing board before submission of said application to the State; and
WHEREAS, the City of Poway, 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 Poway:
1. Approves the filing of an application for the Van Dam Peak land acquisition; and
2. Certifies that the City of Poway understands the requirements in the Program
Guidelines; and
3. Certifies that the City of Poway or title holder will have sufficient funds to operate
and maintain the project consistent with the land tenure requirements; orwill secure
the resources to do so; and
4. Certifies that the City of Poway will record a document against the real property that
4 of 7 ATTACHMENT A May 16, 2017, Item # 1-k°
Resolution No. 17 -
Page 2
defines the State's interest in the property whether the Grantee owns the propertyor
not; and
5. Certifies that the City of Poway, if applicable, will comply with the provisions of
Section 1771.5 of the State Labor Code regarding payment of prevailing wages on
Projects awarded EEM Program Funds; and
6. If applicable, certifies that the project will comply with any laws and regulations
including, but not limited to, legal requirements for building codes, health and safety
codes, disabled access laws, environmental laws and, that prior to commencement
of construction, all applicable licenses and permits will have been obtained; and
Certifies that the City of Poway will work towards the Governor's 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
Appoints the City Manager, or his/her designee, as agent to conduct all
negotiations, execute and submit all documents including, but not limited to
applications, agreements, payment requests etc., which may be necessary for the
completion of the aforementioned project.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a
regular meeting this 161' day of May 2017.
Steve Vaus, Mayor
ATTEST:
Nancy Neufeld, CMC, City Clerk
5 of 7 May 16, 2017, Item # ill
Resolution No. 17 -
Page 3
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk, of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 17- was duly adopted by the City Council at a
meeting of said City Council held on the 161h day of May 2017, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Nancy Neufeld, CMC, City Clerk
City of Poway
6 of 7 May 16, 2017, Item # I•l9
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