HomeMy WebLinkAbout2004-03-22 City Council (3)TO:
City of Palo Alto
City Man er’s Report
HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE:MARCH 22, 2004 CMR:187:04
SUBJECT:ADOPTION OF A RESOLUTION AUTHORIZING THE CITY
MANAGER TO APPLY FOR A GRANT AND EXECUTE AN
AGREEMENT WITH THE STATE OF CALIFORNIA FOR A PER
CAPITA GRANT IN THE AMOUNT OF $266,000 AND WITH THE
STATE OF CALIFORNIA LAND AND WATER CONSERVATION
FUND PROGRAM IN THE AMOUNT OF $160,000 FOR
ACQUISITION OF THE PENINSULA OPEN SPACE TRUST
ARASTRADERO GATEWAY PROPERTY-
RECOMMENDATION
Staff recommends that council approve the attached resolutions to:
1. Authorize the submittal of a grant application under the California Clean Water, Clean
Air, Safe Neighborhood Parks, and Coasta! Protection Act of 2002 for a per capita
grant in the amount of $266,000 for acquisition of the Peninsula Open Space Trust
(POST) Arastradero Gateway property, and approve the terms and conditions of the
grant agreement.
2. Authorize the submittal of a grant application under the California Outdoor Recreation
Resources Plan Act of 2002 for a Land and Water Conservation Program want in the
amount of $160,000 for acquisition of the Arastradero Gateway property, and approve
the terms and conditions of the grant agreement.
3. Authorize the City Manager or his designee, the Superintendent of Open Space, to be
the person responsible for administration of the grants, including certifications and
any amendments, submitting quarterly status reports, requests for reimbursements and
the final report on the project in order to receive final disbursement, on behalf of the
Cit3;.
BACKGROUND
The Arastradero Preserve extends from the western bounda~.’ of Stanford Universi~ to
the eastern edge of the Cit),-owned Foothills Park, and from the northern town limit of
Los Altos Hills to John Marthens Lane. The Preserve was purchased in 1979 as the result
of an inverse condemnation lawsuit against the Cibt of Palo Alto brought by Arastra Ltd.
One 13-acre in-holding of land along Arastradero Road not belonging to Arastra Ltd.
remained privately held by Jacqueline Bressler until the property was purchased by the
CMR:187:04 Page 1 of 4
Peninsula Open Space Trust (POST) in October 2002 at a bankruptcy auction for
$3,560,000. The parcel was purchased by POST with the intent of preventing the parcel
from being developed.
POST is a non-profit land trust corporation dedicated to "preserving the beau~, character
and diversity of the San Francisco Peninsula" through land conservation. Since its
inception in 1977, POST has protected more than 50,000 acres of open space land on the
Peninsula. Land purchased by POST is generally repurchased by the Midpeninsula
Regional Open Space District, Santa Clara County Parks or local jurisdictions.
Per Capita Grant Funds
In March 2002, California voters approved Proposition 40, the California Clean Water,
Clean Air, Safe Neighborhood Parks, and Coastal Protection Act. This act is intended to
revive state stewardship of natural resources by investing in neighborhood and state
parks, clean air and water protection, coastal beaches and scenic areas. This pro~am is
administered by the California Department of Parks and Recreation.
Funding from the Bond Act was allocated into seven separate programs in order to ensure
that the demands of various constituents and environmental needs were met. The City, is
now seeking grant funds from the per capita grant pro~am. The purpose of which is to
fund high priority, projects that satisfy the most urgent parks and recreational needs in
California. The funds are allocated on a population-based formula to cities, counties and
open space or recreational districts. Grants from this program are intended to
supplement, not supplant, local expenditures for park and recreation facilities. The City is
not required to match the $266,000 grant in order to qualify for the funds. The City will
use the funds from this grant program to satisfy the fund matching requirements of the
accompanying Land and Water Conservation grant program application.
Land and Water Cdnservation Grant Funds
Congress, under Public Law 88-578, authorized the establistvnent of a federal Land and
Water Conservation Fund grant program, providing matching funds to the State of
California and its political subdivisions for acquiring lands and developing facilities for
public outdoor recreation purp’oses. Under the terms of the grant program, the maximum
allowable grant request that the City can seek is 5 percent of available funds, which
equals $160,000.
DISCUSSION
The 13-acre POST Arastradero Properb, is highly desirable to the City, of Palo Alto for
purchase not only because it would preserve this in-holding in the center of the Preselwe
as open space, but because it is important riparian habitat that could support a multitude
of wild bird and animal species. Another key benefit from acquiring this properb, would
be that a popular recreational trail that leads from the Preserve parking lot to Arastradero
CMR:187:04 Page 2 of 4
Lake could be re-routed away from more enviromnentally sensitive habitat and along a
shorter gently sloping path that would provide better access for physically limited park
visitors.
POST has offered the City of Palo Alto the opportunity to purchase the Arastradero
Property for $3,560,000, the same price it paid for the property. POST wilt give the City
of Pato Alto until October 2005 to purchase the property. If the City is unable or
unwilling to purchase the property, the parcel will be offered for open sale.
In December 2003, Council authorized staff to submit a grant application for a
$1,800,000 grant from the Coastal Conservancy. As part of the grant application, the City’
will need to identify the funding sources that will make up the matching (50 percent)
funds required for the acquisition.
RESOURCE IMPACT
Work covered by the grant application has been included in the work pro~am for
Comlnunity Selwices staff. Approval of the grant will not affect other scheduled park or
community facility projects or their completion timelines.
The acquisition of this property will not significantly increase Open Space Division
operational expenses because the property is completely surrounded by the Arastradero
Preserve and can be easily monitored by, existing staff from adjoining trails and roads.
The Land and Water Conservation grant will require a 50 percent match from the City of
Palo Alto which will be satisfied by the accompanying per capita grant from the State of
California in the amount of $266,000.
Staff is actively pursuing a number of viable methods to raise the balance of
approximately $1,800,000 needed to acquire the property. With Council approval, these
methods will include:
¯An application to the Habitat Conservation Grant program for $50,000;
¯A partnership with Santa Clara Count), for Park Charter Funds for land acquisition;
¯A specified funding allocation in the California State budget (from 2002 Resource
Bond Act funds);
¯Private donations;
¯Foundation grants.
POLICY IMPLICATIONS
These reco~mnendations are consistent with existing City policy and furthers Poticy N-2
of the Natural Enviromnent element of the Comprehensive Plan in that it seeks to acquire
land to be conserved as open space.
CMR:t87:04 Page 3 of 4
ENVIRONMENTAL REVIEW
The application for a pant for land acquisition is considered an action exempt under
Section 15307 of the California Environmental Quality Act; therefore, no environmental
assessment is needed at this time. Environmental review will be conducted prior to the
adoption of any conselwation plan for the property.
ATTACHMENTS
Attachment A:
Attachment B:
Resolution Authorizing the Filing of Application to the State of
California Resources Agency from the Per Capita pant program
under the California Clean Water, Clean Air, Safe Neighborhood
Parks, and Coastal Protection Act of 2002 for land acquisition
funding.
Resolution Authorizing the Filing of Application to the State of
California Resources Agency from the Land and Water Conservation
grant pro~am under the California Outdoor Recreation Resources
Plan Act of 2002 for land acquisition funding.
PREPARED BY:
Superintendent, Open Space & Sciences
DEPARTMENT HEAD:
P.ICHAR XM S ,
Directo~Colrmaunit5 Services
CITY MANAGER APPROVAL.’~~~ ~~
HTARR SON "-.._
Assistant City Manager
CMR: 187:04 Page 4 of 4
***NOT YET APPROVED***
RESOLUTION
2002 Resources Bond Act
PER CAPITA GRANT PROGRAM
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO APPROVING THE APPLIC~INT TO APPLY FOR
GRANT FLINDS FOR THE PER CAPITA GRANT PROGRAM
UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR,
SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION
ACT OF 2002
WHEREAS, the people of the State of California have
enacted the Per Capita Grant Program which provides funds for
the acquisition and deve!opment of neighborhood, community, and
regional parks and recreation lands and facilities; and
WHEREAS,
Recreation has
administration
procedures; and
the
been
of the
California Department of Parks and
delegated the responsibility for the
grant program, setting up necessary
WHEREAS, said procedures established by the California
Department of Parks and Recreation require the Applicant’s
Governing Body to certify by resolution the approval of the
Applicant to apply for the Per Capita Al!ocation; and
WHEREAS, the Applicant will enter into a Contract with
the State of California;
NOW, THEREFORE, the Council of the City of Palo Alto
does RESOLVE as follows:
SECTION i. Approves the filing of an Application for
loca! assistance funds from the Per Capita Grant Program under
the California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Act of 2002; and
SECTION 2. Certifies that the Applicant has or will
have sufficient funds to operate and maintain the Project(s);
and
SECTION 3. Certifies that the Applicant has reviewed,
understands and agrees to the General Provisions contained in
the Contract shown in the Procedural Guide; and
040225 cl 0072367 !
***NOT YET APPROVED’***
SECTION 4. Appoints the City Manager as agent to
conduct all negotiations, execute and submit al! documents
including, but not limited to Applications, agreements, payment
requests and so on, which may be necessary for the completion of
Project(s).
SECTION 5. The Council finds that this is not a project
under the California Environmental Quality Act and, therefore,
no environmenta! impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Senior Asst. City Attorney City Manager
Director of Community
Services
Director of Administrative
Services
040225 cl 0072367 2
***NOT YET APPROVED***
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO APPROVING THE APPLICATION FOR LAND AND
WATER CONSERVATION FUND ASSISTANCE FOR THE
~_P~.kST_~D~,RO ~:~:Tsw~_~ LAND ACQUiSTTION 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 ~und<
to the State of California and its political subdivisions for
acquiring lands and developing Facilities for public outdoor
recreation purposes; and
WHEREAS, the California Department of Parks and
Recreation is resmonsib!e for administration of the program in
the State, setting up necessary rules and procedures governing
App!icarions by local agencies under the program; and
WHEREAS, said adopted procedures established by the
State Department of Parks and Recreation require the Applicant
to certify by resolution the approva! of Applications and the
availability of eligible Matching funds prior to submission of
said Applications to the State; and
WHEREAS,the proposed Arastradero Gateway Land
Acquisition is consistent with the Statewide
Comprehensive Recreation Resources Plan California Outdoor
Recreation Plan - 2002; and
wH~.~_~=:,,~-:o~, ~he_ Project must be commatib!e with the land
use D~ans c,:th,~<e jur~- ~ ~ n_ ~o._c ~_o._s i~me~iate±v surrounding
Project.
NOW,TH<RRPORR, the Council of the City of Pa!o ~"~
does RESOLVE as follows:
SECTION ~ Ammroves the {ilin@ of an A~D!ication for
Land and Water Conservation Fund assistance; and
SECTION 2. Certifies that said agency has Matching
funds from the following source(s): a $266,000 match wil! come
from the "State of California ’Safe Neighborhood Parks, Clean
Water, Clean ~ir and Coastal Protection Bond Act of 2000’ (2000
Bond Act) Per Capita Grant Program." and can finance !00 percent
of the Project, half of which will be reimbursed; and
(i40317 cl 0072366
YET APPROVED "" ""
SECTION 3. Certifies that the Project is compatible
with the land use D!ans of those jur2se2cr2ons
surrounding the Project; and
SECTION 4. Appoints the City Manager or his designee,
the Superintendent of Open Space, as agent of the Applicant to
~oneuc~ all negor2ar2ons and execute and submit a!! documents,
inc~ud~n~ but not limited to, ADm!~tions contracts,
amen&ments, payment requests, and so on which may be necessary
for the completion of the aforementioned Project.
SECTION 5. The Council finds that this is not a project
un~er~ ~ Cai~fornia___ Environmental Qua±!~v ...... Act and, therezore,~
no environmental impact assessment is necessary.
AYES :
NOES ¯
ABSENT:
b~itv~ ’~
~ ~ ~’ ....AS FORM’-’ ~_-~C v ~s TO :
Mav~r
........<---r-~ cr ~-sst %_,~: ~’-cy ~,ttormev City Man~=~
Director of CoKkmunity
Services
Director of Administrative
Services
040317 cI 0072366 2