RPVCCA_CC_SR_2011_07_19_E_Withdraw_LWCF_Grant_ApplicationCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
CAROl.!YNN PETRU,AICP,DEPUTY CITY MANAGER~
JULY 19,2011
REQUEST TO WITHDRAW THE CITY'S APPLICATION
TO tHE STATE'S LAND AND WATER CONSERVATION
FUND PROGRAM FOR THE ABALONE COVE
SHORELINE PARK IMPROVEMENT PROJECT
REVIEWED:CAROLYN LEHR,CITY MANAGER eN-
Project Manager:Kit Fox,AICP,Associate Planner@
RECOMMENDATION
Authorize the City Manager to send a letter to the California Department of Parks and
Recreation's Office of Grants and Local Services (OGALS),thereby withdrawing the City's
grant application for the Abalone Cove Shoreline Park Improvement Project under the Land
and Water Conservation Fund (LWCF)Program.
BACKGROUND
On October 19,2010,the City Council adopted Resolution No.2010-99,thereby approving
an application for a Land and Water Conservation Fund (LWCF)Program grant for the
Abalone Cove Shoreline Park Improvement Project.1 This project was intended to
implement the Coast Vision Plan for the park,consisting of the construction of decomposed
granite trails;picnic areas;three (3)trellis structures;overlooks;landscaping and irrigation;
fencing;and minor site grading within a 3.69-acre portion of the 80.04-acre park.The grant
application (requesting $3~0,830,with a one-to-one match for a total project budget of
$621,660)was completed by Staff and the City's grant consultant,and submitted timely to
the State on November 1,2010.Since then,City Staff has been in frequent contact with
staff at the California Department of Parks and Recreation's Office of Grants and Local
1 This is not to be confused with the City's $7 million application under the Nature Education Facilities
Grant Program for the proposed Abalone Cove Nature Education Center (which was not successful).
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MEMORANDUM:Authorization to Withdraw LWCF Grant Application
July 19,2011
Page 2
Services (OGALS)to clarify and refine the City's grant application.A decision on the City's
application by OGALS is expected at any time.
DISCUSSION
On June 9,2011,Staff joined the OGALS Project Officer reviewing our grant application for
a site visit at Abalone Cove Shoreline Park.During the course of that meeting,the OGALS
Project Officer noted that one of the required components of the application-the "Section
6(f)(3)boundary map"-needed to be further revised to be consistent with the grant
application instructions,whic~state in part:
No property acquired or developed with assistance under this section shall,
without the approval of the Secretary,be converted to other than public
outdoor recreation·uses.The Secretary shall approve such conversion only if
he finds it to be in accord with the then existing comprehensive statewide
outdoor recreation plan and only upon such conditions as he deems
necessary.to assure the substitution of other recreation properties ofat least
equal fair market value and ofreasonably equivalent usefulness and location.
In reviewing the detailed instructions for the preparation of the Section 6(f)(3)boundary
map (see attachments),it became clear to Staff that,in the event that the LWCF grant
application was successful,this provision would place substantial and permanent
restrictions on the City's future use of the entire 80.04-acre Abalone Cove Shoreline Park
site,not just the 3.69-acre portion where the improvements are proposed.It is Staff's
assessment with the value of the park improvements funded and their expected useful life
of approximately 10 to 15 years is far outweighed by the permanent use restrictions that
accepting these funds would impose upon the entire park.These restrictions introduce an
additional layer of review by outside agency that may have significant impacts upon the
City's ability to improve,alter or expand existing structures and facilities at the park,
including but not limited to the parking lot attendant/restroom building,the Portuguese Bend
Cooperative Preschool and Annie's Stand.Therefore,since the City Council granted
authorization to apply for this grant,Staff now seeks the City Council's authorization to
notify OGALS of the City's intent to withdraw this application from further consideration.
FISCAL IMPACT
Aside from resources already expended by Staff and the City's grant consultant in the
preparation of the grant application,there is no immediate fiscal impact associated with
withdrawing it at this time.As a result of the effort expended so far,the City has developed
the proposed site plan for the upper park area which included significant public input
through a community focus group.The $310,830 matching portion of the funding for the
Abalone Cove Shoreline Park Improvement Project that was required by the LWCF
Program is included in the adopted FY11-12 Budget.Staff remains committed to upgrading
Abalone Cove Shoreline Park to implement the Coast Vision Plan,and will continue to
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MEMORANDUM:Authorization to Withdraw LWCF Grant Application
July 19,2011
Page 3
actively seek out funding opportunities in the future that do not encumber the property in
the way that the LWCF Grant would.
Attachments:
•Proposed Project Site Plan
•Draft Section 6(f)(3)Boundary Map
•Excerpts from the LWCF Program grant application instructions
•Resolution No.2010-99
•October 19,2010 City Council Minutes (excerpt)
.If
M:\Grant Administration\LWCF Program (Abalone Cove Shoreline Park Improvements)\20110719_WithdrawalAuthorization_StaffRpt.doc
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ABALONE COVE SHORELINE PARK IMPROVEMENT PROJECT
SECTION 6(F)3 BOUNDARY MAP
~~'c ••.•,.,"",.,,..,-_~
Signature of Individual Authorized in Resolution Date
80.04 Acres
Acreage of Park
July 11,2011
Date of Prepared Map
7572018900,7572019900,
7572019901 &7573007900
Assessors Parcel No.
E
-
5
Part I
Program Information
Competitive Program Intent
As stated in Public Law 88-578,16 U.S.C.4601-4,the Congressional intent of the LWCF
is for APPLICANTS and the DEPARTMENT to cooperatively acquire,develop,and maintain
outstanding properties in perpetuity for outdoor recreation purposes.LWCF provides
assistance to develop quality recreation FACILITIES at the local level and statewide.
Land TenureR.'!'quirement -Perpetuity
'PropertY:;~cqulfeB':-Of:dgvelop$cF4ndEir;jhe';~wcF,ipt6gtam:,:mUsfbe;fetained~iri';perpetuity'··
:Jor:~:puBlkUjutdoor;!r:ecr~a=tlbf{;use~(PublicLaw 88-578,16 U.S.C.4601-6(f)(3)).The area
to be retained is identified dh the SECTION 6(F)(3)boundary map (page 17)submitted by
the APPLICANT.To be eligible for LWCF assistance,the area identified within the
SECTION 6(F)(3)boundary (see page 17)must include the entire park or property,
not just the area being acquired or developed with LWCF assistance.
tfreCdmm~n(:t~FLf9.r;::!';W9.FJl.II1Pjng;:;a:permaoe.n.tr~G9rq,~1:lall(be'.k~p~jD}JI;Il?:Grantee!s
p'uolic:'pi'OpertY'.tecords':arid:·avaiJable'fo"",~p(JbH(nhspecti6hjojh.~;~ffe.ctJhafthe';prQP?r.ty..
~e:%~:g~~l%e,67'~ffCf~~~~=~?~~~t~:en~t;~~:~:~t~~··,~:~t~~~~~~~~hi~~~~~:~:~~~
ahtl::fhEif,jVcanribt';be·;cdhVerted:t<f·other.:tha'rf'j)libliboutd6o't:re·breation:;use:Withoq~Jl:1~..
:.'Wf.itlei'fapp'foval:bHhe:islJJ;4he.:biRE"(;-roR;.and/orthe;Secretary:otthe\lnterior.
Match Requirement
This is a reimbursement program;no advances are available.ThffBRANTEsisexpecte:d ...i:~ili~~~~!!I~!!~~~::~::~~!!~!~~~~:~!:~~r:;J~:;~i~~~~i~~tUal
For all LWCF grants,the required MATCH must be at least one APPLICANT dollar to one
federal dollar.However,any additional funds used to complete the PROJECT are also
considered MATCH and the RATE OF.REIMBURSEMENT (see page 28)will be calculated
based on the total PROJECT costS.'MATqHmqsJJ?~Gqmniittedanh~tim(:r;otif;tppliq5ltj()r}y
For ACQUISITION PROJECTS,land used to meet the reqUired MATCH is subject to the same
federal approval and evaluation through the appraisal process.Therefore,GRANTEES
may not take title to land used as MATCH until federal approval is given and the
CONTRACT PERFORMANCE PERIOD begins.
Eligible Applicants
Eligible local agencies are counties,cities,recreation and park DISTRICTS and special
DISTRICTS with authority to acquire,develop,operate,and maintain public park and
recreation areas.Federally recognized tribes that qualify for LWCF assistance are also
eligible to apply.
Eligible state agencies are designated by PRC 5099.12,and include the Department of
Parks and Recreation,Wildlife Conservation Board,Department of Boating and
WatenNays and Department of Water Resources and California Coastal Conservancy.
LWCF Program Guide 4 LWCF Program Description
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Part "
3.Section 6(F)(3)Boundary Map
The LWCF Act contains a clear and common sense provision to protect grant-assisted
areas from conversions:
Understanding Conversion Protection
The LWCF conversion protection language is
finn.It does recognize,however,that changes in
land use or in the public's recreation preferences
may render the recreational value of some LWCF-
assisted parks obsolete,especially in urban areas
experiencing rapid change.At the same time,it
carefully ensures that any changes or conversions
from recreation use will bear an equivalent cost-
a cost that guarantees that our nation's past
investments in its treasured recreation and open
space resources will be honored.Conversion
protection is also comprehensive -even a
relatively small grant (e.g.,for development ofa
.picnic shelter)can confer coverage to the larger
park.
Within the context of the entire program,
conversions to non-recreation uses are relatively
rare.The National Park Service estimates that less
than 3%of all projects assisted by the Fund have
been submitted for conversion.
In many cases where state or local governments
consider a possible conversion,the requirement to
replace a site with property of "at least equal fair
market value and of reasonably equivalent
usefulness and location",combined with the
required environmental review,serves as a simple
and effective deterrent.
SEC.6(F)(3)No property acquired or
developed with assistance under this
section shall,without the approval of the
Secretary,be converted to other than
public outdoor recreation uses.The
Secretary shall approve such conversion
only if he finds it to be in accord with the
then existing compreheMive statewide
outdoor recreation plan and only upon
such conditions as he deems necessary
to assure the substitution of other
recreation properties.of at least equal fair
market value and of reasonably
equivalent usefulness and location.
This "anti-conversion"requirement applies
to all parks and other sites that have been
the subject of Land and Water grants of any
type,whether for acquisition of parkland,
development or rehabilitation of FACILITIES.
In many cases,even a relatively small LWCF
GRANT (e.g.,for development of a picnic
shelter)in a park of hundreds or even
thousands of acres provides anti-conversion
protection to the entire park site.
With each application.the applicant submits
a dated project boundary map showing the
park area to be covered by SECTION 6(F)(3)
anti-conversion protections.The entire park
encompassing the area being developed or added to must be within the SECTION 6(F)(3)
boundary.This map need not be a formal survey document,but it must contain enough
site-specific information to serve several purposes:
•it ensures that both the GRANTEE and OGALS agree on the proper boundaries of the
covered site at the time of PROJECT approval;
•it provides location,size indicators and a picture of key FACILITIES and landmarks to
help later PROJECT inspectors better identify and evaluate the site.
If recommended for LWCF funding,a permanent record shall be kept in the GRANTEE'S
pUblic property records and available for public inspection to the effect that the property
described in the Scope of the PROJECT CONTRACT and the dated PROJECT boundary map
LWCF Program Guide 17 SECTION 6(F)(3)Boundary Map
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Part II
made part of that CONTRACT has been acquired or developed with Land and Water
Conservation Fund assistance and that it cannot be converted to other than public
outdoor recreation use without the written approval of the SLO,the DIRECTOR,and/or the
Secretary of the Interior.
Provide the following information on the SECTION 6(F)(3)boundary map:
1.0 Identify map as "SECTION 6(F)(3)Boundary Map"
2.0 Signature and date on map by the individual authorized in the resoluti0n.
3.0 Project Title
4.0 Date of map prepar~tion
5.0 Clearly indicate the border of the PROJECT area with measurements or scale to
effectively illustrate the lands afforded SECTION 6(F)(3)protection.Border needs to
incorporate access point(s).
6.0 If applicable,identify any pre-existing indoor structures that do not support
outdoor recreation and provide the square footage of structure footprint.
7.0 If applicable,indicate any outstanding rights and interest in the area:easements,
deed/lease restrictions,reversionary interest,right of way,etc.
8.0 North arrow
9.0 If applicable,indicate any area(s)under federallease(s)with term of at least 25
years remaining on the lease(s)
10.0 Indicate adjoining street names
11.0 Indicate total acreage within the SECTION 6(F)(3)Boundary Map.The acreage
identified on the boundary map must be consistent with the total park acreage
identified on the application form
12.0 Indicate Assessor parcel number(s)
LWCF Program Guide 18 SECTION 6(F)(3)Boundary Map
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Part II
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Signature 0;indi\~idual
.ll,uthorized in resolution
Rancho Park (2)
Date of map preparation
Date Sectioo 6(f)(3)Boundary Acreage ®
Note:Authority cited:Se~tion 5099.10 Public Resources Code.Reference:Sections
5099-5099.12,Public Resources Code,Public Law 88-578,16 U.S.C.4601-6(f)(3).
LWCF Program Guide 19 SECTION 6(F)(3)Boundary Map
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RESOLUTION NO.2010-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES APPROVING THE APPLICATION FOR LAND AND
WATER CONSERVATION FUND ABALONE COVE SHORELINE PARK
PROJECT.
WHEREAS,the Congress under Public Law 88-578 has authorized the
establishment of a federal Land and Water Conservation Fund Grant-In-Aid program,
providing Matching funds to the State of California and its political subdivisions for
acquiring lands and developing Facilities for public outdoor recreation purposes;and
WHEREAS.the Calif~rnia Department of Parks and Recreation is responsible for
administration of the program in the State,setting up necessary rules and procedures
governing Applications by local agencies under the program;and
WHEREAS I said adopted procedures established by the State Department of Parks
and Recreation require the APPLICANT to certify by resolution the approval of Applications
and the availability of eligible Matching funds prior to submission of said Applications to the
State;and
WHEREAS,the proposed Abalone Cove Shoreline Park Project is consistent with
the most recent California Outdoor Recreation Plan (CORP);and
WHEREAS,the Project must be compatible with the land use plans of those
jurisdictions immediately surrounding the Project;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY:
1.Approves the filing of an Application for Land and Water Conservation Fund
assistance;and
2.Agrees to abide by SECTION 6(F)(3)of Public Law 88-578 which states "No
property acquired or developed with assistance under this section shall,without the
approval of the National Secretary of the Interior,be converted to other than pUblic
outdoor recreation uses.The Secretary shall approve such conversion only if he
finds it to be in accord with the then existing comprehensive statewide outdoor
recreation plan and only upon such conditions as he deems necessary to assure the
substitution of other recreation properties of at least equal fair market value and of
reasonably equivalent usefulness and location."
3.Certifies that said agency has Matching funds from eligible sDurce(s)and can
finance 100 percent of the Project,which up to half may be reimbursed;and
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4.Certifies that the Project is compatible with the land use plans of those jurisdictions
immediately surrounding the Project;and
5.Appoints the City Manager as agent of the APPLICANT to conduct all negotiations
and execute and submit all documents,including,but not limited to,Applications,
contracts,amendments,payment requests,and compliance with all applicable
current state and federal laws which may be necessary for the completion of the
aforementioned Project.
PASSED,APPROVED,AND ADOPTED this 19th day of October 2010'.
lsI Stefan Wolowicz
Mayor
ATIEST:
151 Carla Morreale
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I,Carla Morreale,City Clerk of the City of Rancho Palos Verdes,hereby certify that the
above Resolution No.2010-99 was duly and regularly passed and adopted by the said City
Council at a regular meeting held on October 19,2010 by the following a roll call vote:
Ayes:
Noes:
Absent:
Abstain:
Campbell,Misetich,Stern,Long and Wolowicz
None
None
None
Resolution No.2010-99
Page 2 of 2
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Land and Water Conservation Fund Grant Application:Proposed Improvements
at Abalone Cove Shoreline Park
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there was one request to speak on the item.
City Manager Lehr provided a brief staff report regarding this item.
Marianne Hunter,Save Our Shoreline (SOS),Rancho Palos Verdes,stated that the
new grant application for Abalone Cove seems to be in line with the improvements that
the public has supported,but with the deadline for submittal of the grant request less
than two weeks away there was little opportunity for public input.She stated that in light
of the strong opposition to fU~damentally alter Abalone Cove Shoreline Park,SOS had
questions regarding the shade structures,the necessity for grading,and the amount
and location of proposed grading,and the art modes.She concluded that SOS
supports modest improv~ments that retain the character of the park as an open,natural
area while adding interpretive signage that would help protect the natural resources at
the site.
Ms.Hunter,speaking as an individual,stated that SOS does not object to improvements
to Abalone Cove Shoreline Park,as the park is not in good condition.She stated that
she enjoys seeing the park used by the public,school groups,others from other
communities,and families.She stated that improvements that make the park more
comfortable,useable,and safe are absolutely in line with the desires of SOS.She
noted that this property is a public park and should have the necessary amenities and
should be used as a learning opportunity.
Discussion ensued between Council,staff,and the speaker.
Mayor Pro Tem Long moved,seconded by Councilman Stern,to approve the staff
recommendation to:ADOPT RESOLUTION NO.2010-99,A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,APPROVING THE
APPLICATION FOR LAND AND WATER CONSERVATION FUND ABALONE COVE
SHORELINE PARK PROJECT.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Long,Misetich,Stern and Mayor Wolowicz
None
None
Resident Letter to California Department of Parks and Recreation Regarding
Abalone Cove Nature Center Grant
City Council Minutes
October 19,2010
Page 7 of 9
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