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AGENDA BILL Agenda Item No. 7(A) Date: January 21, 2014 To: El Cerrito City Council From: Melanie Mintz, Community Development Interim Director Subject: Approve a Land and Water Conservation Fund Grant Application to Unite the Hillside Natural Area and Restrict the Use of Specified Hillside Natural Area to Public Recreation and Open Space Only ACTIONS REQUESTED Adopt a resolution approving the City’s application for a Land and Water Conservation Fund grant for the acquisition of the Madera Hillside Natural Area Property (APN 505- 142-014, -012 and -013) to unite the Hillside Natural Area and approving the grant requirement to restrict the conversion of the Hillside Natural Area properties, specified by the City in the grant application, from Open Space/Parks and Recreation to Public Recreation and Open Space in perpetuity. BACKGROUND On July 16, 2013 the City Council adopted Resolution 2013-39 authorizing the City Manager to enter into a Purchase and Sale Agreement with the Trust for Public Land (TPL) to purchase approximately 8.08-acres of Hillside Natural Area property and to enter into a Professional Services Agreement for acquisition-related and fundraising assistance. (Note: The July 16 Agenda Bill and Resolution 2013-39 erroneously stated the combined acreage of the Madera Hillside Natural Area parcels at 7.6-acres.) TPL purchased the property from the private landowner on August 30, 2013, contingent upon these City Council actions. The Purchase and Sale Agreement specified that the City would purchase the property from TPL for $475,000 by December 17, 2014. Funds for the purchase were to be raised from several sources, including public grants, the City’s Measure WW Park Bond funds and private fundraising Fundraising for the project is well underway. Since August, a coalition comprised of community members and organizations, such as the Trail Trekkers, Friends of Five Creeks and El Cerrito High School Mountain Bike Team affiliates have formed the El Cerrito Open Space Campaign and have raised, to date, approximately $25,000. The Campaign is continuing to actively fundraise. The City, with the assistance of TPL, submitted a National Fish and Wildlife Foundation grant for $80,000 on December 16, 2013 for both acquisition and a targeted community engagement and trail design process. The Environmental Quality Committee (EQC) and the Parks and Recreation Commission (PRC) both heard updates on the fundraising campaign and supported submittal of that grant as submitted. The City expects to learn whether that grant was ---PAGE BREAK--- Agenda Item No. 7(A) Page 2 approved in April 2014. The item before Council tonight is whether to adopt a resolution approving submittal of an application for a Land and Water Conservation Fund (LWCF) grant. The grant application is due February 3. The authorizing resolution is required for submittal of the grant. The LWCF program was established in 1963 to assist States in planning, acquisition and development of recreation lands. At the federal level, it is administered by the National Park Service who works with States to manage their own programs pursuant to federal law. In California the program is administered by the Office of Grants and Local Services (OGALS) within the California Department of Parks and Recreation. As a condition of all LWCF grants, recreation land receiving federal funds is placed under federal protection to preserve the public’s outdoor recreational use of the site in perpetuity. As such, the City would be required to restrict the use of both the 8-acre Madera Hillside Natural Area property, for which acquisition funds are being sought, and the other Hillside Natural Area parcels, to public outdoor recreational use. Any other uses of the properties would be prohibited as a result of the recordation of deed restrictions. LWCF requires the City to restrict the use of the other Hillside Natural Area parcels in addition to the Madera property, because the entire Hillside Natural Area provides the public value for which funds are being sought. Under applicable federal law, including Section 6(f)(3) of the Land and Water Conservation Fund Act, the City would be allowed to convert a portion of the Hillside Natural Area properties to non-recreational use only if it restricted an equivalent amount of non-park land for recreation uses: 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 of at least equal fair market value and of reasonably equivalent usefulness and location. That prohibition means, for example that, as was recently in the news, the City would not be able to lease a portion of the Hillside Natural Area properties for a wireless telecommunications facility or a similar non-recreational use without going through the replacement process. If approved by Council and the LWCF funds are awarded, the deed restrictions would be recorded on all city-owned Hillside Natural Area properties where there are currently no conflicting easements or restrictions when the LWCF funds are released, either at closing on December 17, 2014 or after closing as a reimbursement. ---PAGE BREAK--- Agenda Item No. 7(A) Page 3 ANALYSIS City and TPL staff are optimistic about this funding source, as acquisition of the Madera property for conservation and recreation purposes matches numerous California Outdoor Recreation Plan (CORP)/LWCF acquisition priorities, including: • acquiring space that can be readily used for park and recreation purposes • acquisition where children can connect with the outdoors and engage in active outdoor activities and unstructured play • pursuit of urban acquisition opportunities close to where people live and work • acquisition for open space and public access to water features such as streams and creeks • acquisition for trails providing safe routes to parks from places where people live and for trail access and connectivity to recreation features in urban areas Restricting the conversion of the Hillside Natural Area to uses other than public outdoor recreation is consistent with the following General Plan Goal and Policies: Goal R1: Protect natural resources (important habitat, ecological resources, key visual resources, ridges and ridgelines, creeks and streambanks, stepper slotes, vista points, and major features), and clean air and water. Goal PR2: High quality open space protected for the benefit of present and future generations, reflecting a variety of important values: ecological, educational, aesthetic, economic and recreational. These values are interwoven throughout the community in numerous ways so that the preservation of open space is very important to the well being of the City. PR 2 Policies: 2.1: Open Space Purpose: Identify and protect the natural resources of the Tri- Cities area (El Cerrito, Richmond and San Pablo) for the benefit of present and future generations. 2.5: Open Space Use: Improvements within the open space areas shall be limited to those needed for educational and recreational purposes, and those improvements necessary for health and safety purposes. All improvements shall be compatible with protection and preservation of existing natural and habitat resources. 2.6: Existing Open Space Preservation: Except where extraordinary circumstances indicate otherwise, ensure that development decisions protect existing open space areas. Acquisition of the Madera property also fulfills the City’s Circulation Plan for Bicyclists and Pedestrians (adopted June 2007) which identified connecting Hillside Natural Area ---PAGE BREAK--- Agenda Item No. 7(A) North and South, rezoning properties that are potential links to existing park areas and open space and purchasing undeveloped properties bordering the Hillside Natural Area as a part of the Plan's Park Trail Connector project. Staff has researched whether the previousiy acquired Hillside Natural Area properties have any existing deed restrictions, easements or protections, or authorized non- recreational uses that would conflict with the required 6(f)(3) protection. None have been identified to date. Staff is continuing to conduct research and any existing parties to such agreements or authorized non-recreational users will be notified prior to recordation of the required . deed restrictions. If the uses or agreements are in conflict with the proposed restrictions, those specific parcels may be omitted from the 6(f)(3) boundary map that will be submitted with the grant application. The City Attorney will approve the required LWCF 6(f)(3) deed restrictions prior to recordation. FINANCIAL CONSIDERATIONS L WCF can pay up to 50% of the appraised fair market value of $500,000. Through Resolution 2013-39, the City entered into a Purchase and Sale Agreement with Trust for Public Land to purchase the Madera Hillside Natural Area property for $475,000. The City's L WCF matching funds will be comprised of a combination of the City's Measure WW (Regional Open Space, Wildlife, Shoreline and Parks Bond) funds, other successful grants and private fundraising. Adequate Measure WW funds have been set aside for this project. LEGAL CoNSIDERAllONS Acquisition of land to preserve open space for recreation and park purposes is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15325(±). Staff is continuing to research existing Hillside Natural Area parcels for any existing easements, leases or restrictions, or non-recreational uses that would be affected by the required 6(f)(3) deed restrictions. Any existing parties to such agreements or authorized non-recreational users will be notified prior to recordation of the required deed restrictions. The City Attorney will approve the required L WCF 6(f)(3) deed restrictions prior to recordation. Reviewed by: Scott ~er Attachments: 1. Resolution Page4 ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 1 RESOLUTION 2014–XX RESOLUTION OF THE EL CERRITO CITY COUNCIL APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUND UNITING THE HILLSIDE NATURAL AREAS 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 California 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, the City of El Cerrito certifies by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State. NOW THEREFORE, BE IT RESOLVED, the City Council of the City of El Cerrito does hereby: 1. Approve the filing of an application for Land and Water Conservation Fund assistance for the proposed Uniting the Hillside Natural Areas Project. 2. Agree 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. Certify that the City of El Cerrito has matching funds from eligible sources and can finance 100 percent of the Project, which up to half may be reimbursed; and 4. Appoint the City Manager, or his designee, 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. ---PAGE BREAK--- Agenda Item No. 7(A) Attachment 1 5. Find that adoption of this Resolution and acquisition of land to preserve open space for recreation and park purposes is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15325(f). BE IT FURTHER RESOLVED, that this Resolution shall become effective immediately upon passage and adoption. I CERTIFY that at a regular meeting on January 21, 2014 the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on January 2014. Cheryl Morse, City Clerk APPROVED: Janet Abelson, Mayor