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CC SR 20181016 J - Habitat Conservation Fund Grant Reso (Updated w Reso)RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 10/16/2018 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action to adopt an authorizing resolution for the Habitat Conservation Fund Grant Program to fund Palos Verdes Nature Preserve Entry Signage at Ocean Trails and Malaga Canyon Reserves; and appropriate $38,500 in matching funds. RECOMMENDED COUNCIL ACTION: (1) Adopt Resolution No. 2018-__, A RESOLUTION OF THE CITY COUNCIL OF CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING THE APPLICATION FOR HABITAT CONSERVATION FUND GRANT FUNDS; and, (2) Approve an additional budget appropriation in the amount of $38,500 from the General Fund to cover the required grant matching funds. FISCAL IMPACT: $38,500 Amount Budgeted: $0 Additional Appropriation: $38,500 Account Number(s): 101-400-5122-5101 ORIGINATED BY: Katie Lozano, Administrative Analyst/Open Space Manager REVIEWED BY: Cory Linder, Director of Recreation and Parks APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft Resolution No. 2018-__ (page A-1) B. Grant Program Fact Sheet (page B-1) BACKGROUND AND DISCUSSION: The Public Use Master Plan (PUMP) for the Palos Verdes Nature Preserve (Preserve), approved by the City Council, U.S. Fish and Wildlife Service, and California Department of Fish and Wildlife, stipulates that the City is responsible for installing and maintaining Preserve entry signage to identify individual reserves, trail systems, and rules. The City and the Palos Verdes Peninsula Land Conservancy (PVPLC) began working together in 2014 to design and install Preserve entry signage. Prior to this, the Preserve lacked entry signage displaying the names of the 12 individual reserves, and defining the open space areas as Nature Reserves. It is important to name open space areas for public safety and to communicate to the public that the 12 reserves (within the larger Preserve) are Nature Reserves where valuable habitat is to be both appreciated and protected. 1 Between 2014 and 2016, PVPLC, on behalf of the City, was awarded three separate grants, from which $115,000 was available and used for the design of the Preserve Signage Plan and installation of signs at the Portuguese Bend, Alta Vicente and Agua Amarga Reserves. These grants also supported trail maintenance activities throughout the Nature Preserve. At the June 6, 2016, City Council meeting, per approval authority and protocol established in the City/PVPLC Management Agreement, the City Council reviewed and approved the Preserve Signage Plan. At that time, the City Council directed Staff to seek grant funding for the entry signage, and bring back future options to fund entry signage. In 2017, Staff applied for the State’s Outdoor Educational Facilities Grant to fund the remaining signage, but the City was not awarded the grant funds. In June 2018, City Council approved $240,000 to fund entry signage for the remaining 9 reserves co-managed by the City and PVPLC that do not have Preserve signs. Over the next three months, signage will be installed at the Vicente Bluffs, San Ramon and Vista Del Norte Reserves. The Forrestal, Three Sisters, Filiorum, and Abalone Cove Reserves will receive signs in spring 2019 using funds designated for that purpose in the City’s FY18-19 Budget. Staff is currently seeking authorization to apply for the State’s Habitat Conservation Fund (HCF) grant to fund signage manufacturing and installation of the two remaining Nature Preserve properties: Ocean Trails Reserve and Malaga Canyon. Funding was not originally applied for or sought for these Reserves, because PVPLC does not currently have management responsibilities at these properties. Ocean Trails Reserve is co-managed by the City and Trump National Golf Club, and Malaga Canyon will fall under PVPLC’s management should City Council approve the NCCP early next year. Installing signs at Malaga Canyon and Ocean Trails Reserves will cost $80,900. The State’s HCF Grant requires 50% matching funds. The City is seeking authorization to apply for $44,500 in grant funding and to provide $38,500 in matching funds. PVPLC has committed to providing $6,000 in in-kind services. The HCF Grant deadline was October 1st. The City was given permission by the grant administrator to submit an application contingent on City Council’s approval of the authorizing resolution and appropriation of matching funds. The draft authorizing resolution follows a template provided by the State. The City Attorney has reviewed this resolution. With the City Council’s authorization, Staff will confirm with the State that the City Council has approved applying for the HCF Grant. ALTERNATIVES: In addition to the Staff recommendations, the following alternative action is available for the City Council’s consideration: 1. Do not adopt the authorizing resolution for this grant. Staff will continue to seek other funding sources for the installation of Preserve entry signage. 2 01203.0001/513047.1 RESOLUTION NO. 2018-__ A RESOLUTION OF THE CITY COUNCIL OF CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING THE APPLICATION FOR HABITAT CONSERVATION FUND PROGRAM GRANT FUNDS FOR MALAGA CANYON RESERVE AND OCEAN TRAILS RESERVE SIGNAGE IMPROVEMENTS 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, enhance, restore or develop facilities for public recreation 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 the HCF Program; and WHEREAS, the 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 the application to the State; and WHEREAS, the 1,400 acre Palos Verdes Nature Preserve (“PVNP”), located in the City of Rancho Palos Verdes, is comprised of twelve individual Reserves formed in 2006 to maximize benefits to wildlife and vegetation communities while continuing to provide excellent public access. Located in southern Los Angeles County, the PVNP provides urban residents the opportunity to experience protected open space in close proximity to large metropolitan areas; and WHEREAS, two of the Reserves within the PVNP, the Malaga Canyon Reserve and the Ocean Trails Reserve (collectively the “Reserves”), are in dire need of entry signage for public safety, rules enforcement, and interpretive purposes; and WHEREAS, the application, submitted jointly by the City and Palos Verdes Peninsula Land Conservancy (“PVPLC”), as co-management for the PVNP, proposes to install the necessary signage which will foster and facilitate public access to, appreciation for, and stewardship of the Reserves; and WHEREAS, due to the substantial need for the signage in the Reserves, the City believes the application is a strong candidate for approval for the requested grant funding; and WHEREAS, successful applicants will enter into a contract with the State of California to complete their respective projects. A-1 01203.0001/513047.1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: That the foregoing recitals are true and correct, and are incorporated herein by reference. Section 2: That the filing of the above-referenced application for the Habitat Conservation Fund Program grant is hereby approved. Section 3: That the City Council certifies that the City has or will have available, prior to commencement of any work on the project included in the application, the required match and sufficient funds to complete the project. Section 4: That the City Council acknowledges the City’s match funding requirement in the amount of $38,500, and that if the application is approved, the City Council shall authorize an appropriation in that amount in order to obtain the Habitat Conservation Fund Program grant funds. Section 5: That the City Council certifies that the City has or will have sufficient funds to operate and maintain the project. Section 6: That the City Council certifies that the City has reviewed, understands, and agrees to the provisions contained in the contract shown in the Grant Administration Guide. Section 7: That Katie Lozano, Open Space Manager/Administrative Analyst II, or such other person as may be designated by the City Manager, is hereby delegated the authority to conduct all negotiations and execute and submit all documents (including but not limited to applications, agreements, amendments, and payment requests) which may be necessary for the completion of the project. Section 8: That the City agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. A-2 01203.0001/513047.1 PASSED, APPROVED and ADOPTED on this 16th day of October, 2018. _____________________ Susan M. Brooks, Mayor Attest: ___________________________ Emily Colborn, City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2018-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on _____ __, 2018. ___________________________ Emily Colborn, City Clerk Resolution No. 2018-XX Page 2 of 2 A-3 Revised 3/18/13 1 HABITAT CONSERVATION FUND PROGRAM Under the California Wildlife Protection Act of 1990 (Proposition 117 Initiative) FREQUENTLY ASKED QUESTIONS GENERAL QUESTIONS Q. When is the application deadline? A. Each year, project applications must be submitted to the Office of Grants and Local Services on, or postmarked no later than, the first work day in October. Q. What is the program intent? A. As stated in the legislation: “To provide grants to local entities to protect fish, wildlife, and native plant resources, to acquire or develop wildlife corridors and trails, and to provide for nature interpretation programs and other programs which bring urban residents into park and wildlife areas.” Q. How much is available, and what are the minimum and maximum amounts? A. Two million dollars is appropriated annually; the available amount may increase from year to year. There are no minimum or maximum grant request amounts. Q. Who can apply for these funds? A. Only the following are eligible applicants:  Cities  Counties  Districts, as defined in the legislation, in any of the seven HCF Application Guides for the definition of “District”, or below: DISTRICT – any regional PARK or open-space district formed pursuant to Article 3 (commencing with Public Resources Code Section 5500) of Chapter 3 of Division 5 and any recreation and PARK district formed pursuant to Chapter 4 (commencing with Public Resources Code Section 5780) of Division 5. With respect to any community or unincorporated region (which is not included within a regional PARK or open-space district or a recreation and PARK district, and in which no city or county provides PARKs or recreational areas or facilities), “DISTRICT” also means any other district which is 1) authorized by statute to operate and manage PARKS or recreational areas or facilities, 2) employs a full-time PARK and recreation director, 3) offers year-round PARK and recreation services on lands and facilities owned by the district, and 4) allocates a substantial portion of its annual operating budget to PARKS or recreation areas or facilities. B-1 2 Q. What can these funds be used for? A. Funds can be used for the following:  Wildlife Area Activities – An event or series of events intended to bring urban residents into areas with indigenous plants and animals (park and/or wildlife areas)  Acquisition of species habitats  Enhancement or restoration of species habitats  Enhancement, restoration, or development of trails Q. Is the $2 million annual allocation for awarding all elements in the HCF Program? A. Yes, provided that sufficient well-qualified proposals exist. All projects from all seven funding categories compete for the annual allocation. Q. Can funds be used for both acquisition and enhancement, restoration, development, or Wildlife Area Activities projects? A. No. Funds can be used either for acquisition or for enhancement, or restoration, or development or for Wildlife Area Activities projects. Q. Is it advantageous to “bundle” applications in more than one category? A. No. Such a practice would not be appropriate. Applicants need to prioritize projects and apply one project or two at a time, keeping in mind each project stands alone competitively. Q. Can applicants submit applications for more than one project? A. Yes. However, each project must have its own application package. Q. Does OGALS list previously funded projects and amounts on its website? A. Yes. You may view the OGALS website at http://www.parks.ca.gov/grants and follow the links to Annual Programs and the HCF Program for the link to “HCF funded projects”. Q. Are grantees required to adhere to any specific contract labor compliance check requirements, such as Davis-Bacon? A. No. The HCF Program funds are state general funds; therefore, the funds are not subject to any federal labor compliance requirements. Q. If my project is selected for funding, how long would I have to complete the project? A. The performance period for each project is 5 years starting on July 1 of the fiscal year following the application. For example, projects applied for in October of 2011 would start on July 1, 2012 and would expire on June 30, 2017. Q. Will all applicants be notified of project selection? A. Yes. All applicants will receive either an award notification letter or a non-award notification letter at the end of the review process. B-2 3 COSTS AND MATCH Q. Can an acquisition project have eligible non-acquisition costs? A. No. Only costs associated with an acquisition are eligible, such as appraisals, escrow costs and title costs. Q. Are mitigation costs within a proposed project eligible? A. A project arising from a mitigation ruling affecting another location is not eligible. However, if the project is selected for funding and an event necessitating mitigation occurs on the project site, those costs could be eligible depending upon circumstances. Q. Is there a matching funding requirement, and are there any match limitations? A. Yes. The HCF grant program requires a dollar-for-dollar match of grant funds. The match must be spent on eligible costs. The match may not come from another state funding source. Indirect costs cannot be used as match. Q. Can grant and match amounts combined be considered for 25% pre- construction costs? A. Yes. The applicant/grantee can use up to 25% of the grant and match amounts combined for pre-construction costs. Q. When an agency submits a Grant Expenditure Form, should the match costs be separated from the costs associated with the grant funds? A. No. Agencies can submit warrant numbers for all eligible costs; there is no need to break out the match costs from the grant fund costs. Q. What benefits are included in “fringe benefits”, and how should grantees document these benefits? A. “Fringe benefits” include typical benefits associated with salaried employees, such as health, dental, or visual benefits. Fringe benefits do not include per diem costs, such as meals, incidentals, or miscellaneous costs. Agencies can break out fringe benefit costs on employees’ periodic salary records. Q. Are the costs to use either Conservation Corps or certified local Conservation Corps eligible? A. Yes. Q. Are restoration costs that involve yearly maintenance to establish plants eligible costs? A. No. Maintenance costs are not eligible costs. Q. Should an applicant describe a larger project in Grant Scope/Cost Estimate? A. Scope should only include project funded with grant funds and match. Q. Can revenue obtained from participant activity fees be used as match for Wildlife Area Activity projects? B-3 4 A: No. Match funds must be committed at the time of application. Fee revenue generated after project commencement does not constitute committed match at the time of application. Q. How do you properly document in-kind labor if the agency did not pay workers? A. The grantee must have a system by which each in-kind labor activity hour charged can be traced back to a specific person, doing a specific eligible grant activity, on a specific phase of the project, for a specific period of time. There is no need to log in-kind labor into an accounting system since there were no actual costs incurred. Q. Is it permissible to use electronic time cards? A. Yes. Electronic timekeeping is permissible as long there is a way to verify notations for grant specific work conducted each day. This may be by a specific job code or other authorization number given to each specific project. In addition, the employee ’s and supervisor’s electronic signatures must be password protected so that they are secured from unauthorized changes. APPLICATION CHECKLIST AND FORMS Q. Are applicants required to have an appraisal on the property before acquisition? A. Yes. GRANTEES must provide an appraisal supporting the purchase price and a written concurrence from an independent third party appraiser. The cost is an eligible pre- acquisition cost. Q. Does the Application form only need the grant amount requested? A. No. The Application requires the applicant to identify the grant amount, the required match, and the total project cost. If there are additional costs for the project beyond the required match, the total project cost may reflect those additional costs. Q. Does the resolution require a roll call? A. Yes. All applicants are required to obtain a roll call vote as part of the board or council resolution process. Refer to the required resolution language in each applicable application guide. Q. Can I apply for a project for which CEQA is not complete? A. No. There is no allowance for a CEQA-pending contract; this project requires CEQA to be complete at the time of application. Q. What are recommended links for topographic maps? A. You may view the OGALS website at http://www.parks.ca.gov/grants and follow the links to Annual Programs and the HCF Program for the link to the free topographic maps. Q. What are the land tenure/site activity assurance requirements, if the applicant does not own the property in fee simple? A. On enhancement, restoration, or development projects, the applicant must provide an agreement, signed by the applicant and the land owner that guarantees the applicant’s full rights to change and control the property at the project site. All less than fee B-4 5 simple property agreements must have a renewal clause and can only be revocable by mutual consent or for cause. The terms of the property agreements require at least 10 or 20 years of public recreation operation, depending upon the amount of grant funds requested. NOTE: For activity site assurance on Wildlife Area Activities projects, if the proposed project will be on public lands or lands normally open to the public, the applicant must provide a letter that certifies the proposed project sites will be appropriate for project activities. If the proposed project will be on private lands or lands normally closed to the public, the applicant provide documentation that the APPLICANT has the land owner’s permission to conduct the WILDLIFE AREA ACTIVITIES PROJECT activities. Q. Are deed restrictions required for Conservation Easements? A. Yes, a deed restriction is required. In the event that the grantee is not the landowner, both the landowner(s) and grantee must be shown on the deed restriction. A recorded deed restriction ensures that any property funded by the program is used for a purpose consistent with the grant scope for the length of the contract performance period. CRITERIA Q. Is there anything I can do as an applicant to earn bonus points beyond the 100 points possible with the criteria responses? A. No. The maximum points possible are 100. Q. Is there an advantage to having a larger number of people/populations vs. a smaller number accessing the site? A. No. There are no hidden advantages. Competitive reviews are based on the criteria in each guide. RIPARIAN AND WETLANDS CATEGORIES Q. In Criterion 6 of the Riparian Habitat Application Guide – can a long-term plan be established by another entity than the applicant? A. Yes; any other entity who has influence on the plan may establish the plan. Q. Referencing the Riparian Habitat and Wetlands Application Guides – how can I get assistance regarding special animals and species? A. You may view the OGALS website at http://www.parks.ca.gov/grants and follow the links to Annual Programs and the HCF Program for the link to the Department of Fish and Game. Q. What is a fen? A. Low, flat, swampy land sometimes referred to as a bog or marsh. B-5 6 Q. Referencing the Riparian Habitat and Wetlands Application Guides – would my project have an advantage if the project is located closer to the beginning of the waterway/river/dam? A. No. There are no hidden advantages. Competitive reviews are based on the criteria in each guide. Q. Referencing the Wetlands Application Guide – are partial parcels OK as a project site – e.g., what if the entire parcel is a wetland? A. Yes – if the applicant wishes to phase a project and request funding for a portion of the wetlands site, that project could be considered an eligible project. Q. In Criterion 2 of the Wetlands Application Guide – if my project site has limited access due to habitat protection, how would it score? A. Criteria 2 relates to site access. Applicants responding to items “a” through “e” may receive a higher score for the criterion. However, the words “is accessible” relate to what is appropriate for the site. Q. In Criterion 8 of the Riparian Habitat and Wetlands Habitat Guides – what if the water area has a setback requirement or an existing trail that would be in conflict with item (b) in the criterion? A. The applicant could respond to items (a), (c) and (d) in the criteria, with only a 3-point score loss. Q. In Criterion 8 of the Riparian Habitat and Wetlands Habitat Guides, could the applicant include a trail around or beside the water area? A. No. The applicant would need to submit a separate application for a trail. Q. In Criterion 9 of the Wetlands Application Guide – what if the master plan is adopted at a Board Meeting – is that a plan? A. Yes. The plan must be adopted by a governing board or entity. Q. Can “naturally functioning hydrology” include the influence of human-made mechanisms? A. Yes. Please note that the term “naturally functioning hydrology” has been modified to the term “necessary hydrological processes”. This term is now defined in the Definitions Section in each of the Application Guides and includes the influence of human-made mechanisms, such as dams or ladders. Q. Are rivers part of the “Wetlands” definition? A. No. Wetlands are generally considered to be “static” bodies of water with naturally occurring drying and inundating cycles. Q. Is uplands restoration considered to be an eligible project? A. Yes. See Wetlands Application Guide. B-6 7 TRAILS AND WILDLIFE AREA ACTIVITIES CATEGORIES Q. I noticed numerous references to the term ‘urban residents’ in the Trails and Wildlife Area Activities application guides. I did not see this term in the definitions section. Can you tell me what this term means? A. The word “urban” has different meanings in differing parts of the state, so the applicants may define the term in accordance with their own understanding of the word. The lack of definition allows all applicants the opportunity to apply for HCF funds. Q. Referencing the Trails Application Guide – does a trail plan have to be mentioned in a Transportation Improvement Program? A. No. The applicant needs to identify at least one adopted plan and that the project is mentioned as a high priority in that plan. Q. In the Trails Application Guide – are restored trails eligible? A. Yes – new, rehabilitated, and restored trails are all eligible. Q. In Criterion 6 of the Trails Application Guide – can my trail be nearby to neighborhoods, school sites, or employment locations as a connection? A. Yes. The trail may be nearby or connect to neighborhoods, school sites, and/or employment locations. The applicant will receive the maximum number of points if the trail connects to all three locations. Q. What is the goal of the Wildlife Area Activities project category? A. The legislation states that opportunities must be available for California’s constituents to experience nature interpretation programs and other programs which bring urban residents into park and/or wildlife areas. Applicants are encouraged via the criteria to design events that will identify the location and activities of the event(s), clarify applicants’ attempts to involve potential participants and partners in designing the events, and obtain through participant feedback the level of the events’ short and relatively long-term impact on the participants. Q. Referencing the Wildlife Area Activities Application Guide – would an urban garden be an eligible location for a project? A. No. The definition of “wildlife area” does not allow for such a setting. Q. Referencing the Wildlife Area Activities Application Guide – how are the events or series of events verified? A. Grantees will need to provide documents on a periodic basis that verify that the events or series of events took place (e.g., flyers or brochures advertising the events, participant sign-up sheets, photos, event evaluations, etc.). In addition, OGALS staff may conduct site inspections for verification. Q. Referencing the Wildlife Area Activities Application Guide – can stakeholders also be considered partners? A. Yes – stakeholders can also participate in the project as partners. See Criterion 3 in the Wildlife Area Activities Application Guide. B-7 8 Q. In Criterion 5 of the Wildlife Area Activities Application Guide – what long-term community impacts are expected? A. Via the events design and the participants’ pre-event and post-event information sharing and knowledge comparisons, OGALS expects that the participants will retain the information they received, and the enthusiasm for wildlife preservation and outdoor recreation enjoyment they received during the event, and will promote the concern for that preservation and share that enjoyment with their families and friends. Q. In Criteria 8 and 9 of the Wildlife Area Activities Application Guide – does the applicant need to include a copy of the actual evaluation tools as part of the application package? A. No. However, each successful Wildlife Area Activities grantee will need to have completed evaluation tools available when requesting reimbursements and for audit purposes. Q. In reference to the criterion that address either a “Conservation Plan” or a “Trail Plan”, does my proposed project have to be included any particular plan, such as a Regional Plan, County Plan, or Master Plan? A. No. The applicant needs to identify at least one adopted plan and that the project is mentioned as a high priority in that plan. CONSERVATION CORPS Q. In reference to the Conservation Corps Criterion, are applicants required to provide one form that documents responses from both the California Conservation Corps (C.C.C.) and the certified local conservation corps? A. No. The applicant may use the form provided in the application to obtain written feedback from both the C.C.C. and the certified local conservation corps. B-8