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<'pO ` City Council Staff Report
Date: October 18, 2017 CONSENT CALENDAR
Subject: ADOPTION OF A RESOLUTION AUTHORIZING THE CITY OF PALM
SPRINGS TO APPLY FOR PROPOSITION 1 GRANT FUNDS THROUGH
THE COACHELLA VALLEY MOUNTAINS CONSERVANCY FOR THE
ACQUISITION OF PRIVATELY OWNED PROPERTIES ON THE CHINO
CONE FOR PRESERVATION OF OPEN SPACE
From: David H. Ready, City Manager
Initiated by: Marcus L. Fuller, Assistant City Manager/City Engineer
SUMMARY
The action requested is to approve of a resolution that authorizes the City of Palm
Springs to apply to the Coachella Valley Mountains Conservancy for state grant funds
for the acquisition of privately-held properties located on the Chino Cone for the
preservation of open space. Adoption of a Resolution authorizing the submittal of the
applications is a requirement of the grant.
RECOMMENDATION:
Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, SUPPORTING AND AUTHORIZING SUBMITTAL
OF AN APPLICATION FOR GRANT FUNDS FOR THE ACQUISITION OF PRIVATELY
OWNED PROPERTIES ON THE CHINO CONE FOR PRESERVATION OF OPEN
SPACE FROM THE COACHELLA VALLEY MOUNTAINS CONSERVANCY
PROPOSITION 1 PROGRAM, AND AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXECUTE ALL SUCH APPLICATIONS AND AGREEMENTS."
BACKGROUND:
The Coachella Valley Mountains Conservancy, (the "Conservancy'), was established by
California Public Resources Code Section 33501 in 1991 to protect the natural and
cultural resources of the Coachella Valley and its surrounding mountains, which include
the San Jacinto and Santa Rosa Mountains National Monument and portions of Joshua
Tree National Park. The Conservancy has a history of working efficiently with federal
agencies, Riverside County, local cities and numerous nonprofit organizations to
ITEM NO....-
City Council Staff Report
October 18, 2017 -- Page 2
Adoption of Resolution Authorizing Prop 1 Grant
preserve open. space, wildlife, scarce water resources and historical artifacts through
conservation land acquisition, habitat management or restoration, and educational and
recreational opportunities for residents and visitors.
Proposition 1 , the "Water Quality, Supply, and Infrastructure Improvement Act of 2014,"
was enacted by the voters on November 4, 2014, to provide a comprehensive and
fiscally responsible approach for addressing the array of challenges facing California's
limited water resources. Proposition 1 provides funding to implement the three
objectives of the California Water Action Plan, namely, more reliable water supplies, the
restoration of important species and habitat, and a more resilient and sustainably
managed water infrastructure.
Under Chapter 6 of Proposition 1, the Conservancy received an allocation of $10 million
to fund multi-benefit water quality, water supply, and watershed protection and
restoration projects that benefit the Coachella Valley. On May 11, 2015, the
Conservancy adopted the Proposition 1 Grant Program Guidelines, (the "Guidelines"),
establish the process to be used by the Conservancy to solicit applications, evaluate
proposals and award grants of Proposition 1 funds. The Conservancy previously made
$2.5 million available for eligible projects in fiscal year 2015-16 — from which the City
successfully obtained two grants in the amount of $50,000 for the Gateway Triangle
Parcel, City Project No. 14-16, and $549,490 for the Dunn Road 40-Acre Agricultural
Parcel Clean-Up & Remediation Project.
This year the Conservancy has announced its second call for projects through a notice
of funding availability ("NOFA"), included as Attachment 1. Applicants must submit a
Conservancy Proposition 1 grant application package in accordance with the
requirements of a NOFA to be considered.
On May 11, 2015, the Conservancy adopted the Proposition 1 Grant Program
Guidelines, and requires:
Applicant possesses legal authority to apply for the grant, and to implement the
proposed project described in the Project Narrative attached below. A resolution, motion
or similar action has been duly adopted or passed as an official act of the applicant's
governing body authorizing the filing of the application, including all understandings and
assurances contained therein, and directing and authorizing the person identified as the
official representative of the applicant to act in connection with the application and to
provide such additional information as may be required.
Eligible projects include "Acquisition Projects," the purchase of land for conservation
that implements the key objectives of the California Water Action Plan by:
1. Preserving water quality by recharging the groundwater aquifer, e.g., sites
containing streams, seasonal wetlands, washes, alluvial fans or similar features that
promote natural water flow and surface drainage, allowing water to percolate
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City Council Staff Report
October 18, 2017 -- Page 3
Adoption of Resolution Authorizing Prop 1 Grant
efficiently;
2. Protecting water flow into rivers and inland bodies of water, including the Salton Sea
and Coachella Valley Stormwater Channel;
3. Minimizing flooding by preventing development in flood plains or washes, thus
alleviating dangerous floods, erosion and related property damage as a result of
seasonal rains; or
4. Reducing water use by limiting development in areas where water service would be
inefficient and detrimental to habitat values.
This year, staff recommends that the City continue its efforts to acquire privately-held
properties on the Chino Cone, in an effort to preserve these properties as permanent
open space.
The privately-held properties staff recommends acquiring include:
• 5 parcels consisting of 187 acres owned by Watermake Homes shown in Figure 1 ;
• 1 parcel consisting of 39 acres owned by NPS 40 shown in Figure 2; or
• 1 parcel consisting of 6 acres owned by Pinnacle View shown in Figure 3
Figures 1 — 3 are shown on the following pages.
Staff estimates the value of properties in the general area is approximately $5,000 per
acre; acquiring all 7 parcels representing 232 acres is estimated to cost $5,800,000.
Staff recommends submitting an application to the Conservancy requesting $6,000,000
in Proposition 1 funding for acquisition of these properties.
ENVIRONMENTAL IMPACT:
The requested City Council action is not a `Project" as defined by the California
Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a "Project' means the
whole of an action, which has a potential for resulting in either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the
environment. The requested action is to adopt a Resolution authorizing submittal of
applications to the Conservancy, and is exempt from CEQA pursuant to Section
15378(b), in that a "Project" does not include: (5) Organizational or administrative
activities of governments that will not result in direct or indirect physical changes in the
environment.
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October 18, 2017 -- Page 5
Adoption of Resolution Authorizing Prop 1 Grant
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City Council Staff Report
October 18, 2017-- Page 7
Adoption of Resolution Authorizing Prop 1 Grant
FISCAL IMPACT:
The Proposition 1 Grant Program does not specify a mandatory local match for the
grant funds. However, in accordance with the Proposition 1 Grant Program Guidelines,
the Conservancy will evaluate the competitive grant applications partly on the basis of
"Leveraged Financial Support," which is defined as:
The ability of projects to leverage Conservancy funds by including funding or in kind
contributions from other public agencies or private funding sources. (Total of 10 points
possible, with up to 5 points if other support includes federal agency funds or private
contributions, and up to 5 points if other support comes from other state programs.)
The City Council has approved a Development Agreement for the Serena Park project;
pursuant to the terms of the Development Agreement, the developer is obligated to pay
the City $3,000,000 as a fee for replacement of open space caused by the
redevelopment of the Palm Springs Country Club golf course. It is staff's intention to
combine these funds with the Proposition 1 Grant funds for use in acquiring the
privately-held properties located on the Chino Cone.
Adoption of the Resolution allows the City to submit a grant application to the
Conservancy for the acquisition of privately-held properties located on the Chino Cone
for preservation of open space within the City.
SUBMITTED
Prepared by: Approved by:
Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, Es
Assistant City Manager/City Engineer City Manager
Attachments:
1. Conservancy NOFA — No. 2017-01
2. Resolution
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ATTACHMENT 1
08
Coachella Valley Mountains Conservancy
410
Proposition 1 Grant Program
Funded by the Water Quality, Supply, and Infrastructure Improvement Act of 2014
PR45P 1
t
GOVERNOR EDMUND G- BROWN,JR.
WATER BOND 2014
Notice of Funding Availability No. 2017-01
Watershed Acquisition Projects
May 9, 2017
Coachella Valley Mountains Conservancy
73-7 10 Fred Waring Drive, Suite 112
Palm Desert, CA 92260
(760) 776-5026
www.cvmc.ca.gov
Q�
The Coachella Valley Mountains Conservancy("CVMC") is pleased to announce its latest Notice
of Funding Availability(NOFA)under its Proposition 1 Grant Program. CVMC is now accepting
applications for the Fiscal Year 2017-18 for Projects implementing the California Water Action
Plan in the Coachella Valley.
Grant Eligibility
Eligible applicants include State, local, nonprofit organizations, Indian tribes and mutual water
companies.
Any project that fulfils one or more of the objectives of Proposition 1 is eligible for consideration,
but for this solicitation the Conservancy specifically encourages applications for Acquisition
projects. Examples of historic and upcoming CVMC acquisition projects that would fulfil
Proposition 1 Objectives include:
• Over 700 acres along or within the Whitewater River and its adjacent floodplain that
provide natural flow into the aquifer and Salton Sea;
• More than 2500 acres in the Snow Creek area of Palm Springs at the scenic western
gateway to the Coachella Valley that create a natural watershed from the National
Monument into the Coachella Valley; and
• Up to 510 acres of vacant or previously-farmed land near the Coachella Valley Stormwater
Channel and Salton Sea that provide habitat for numerous protected species.
Acquisition grants fund purchases of land or interests in land that support and implement the key
objectives of the California Water Action Plan. Property must be acquired from willing seller(s)
at a price that does not exceed fair market value.
Properties acquired by an eligible agency with Proposition 1 funds may be transferred ONLY with
prior Conservancy approval to a federal, State,local or nonprofit entity to ultimately own,manage,
and steward consistent with the purpose of the grant.
The following information is required to be submitted with the grant application:
• Parcel number(s), acreage, willing seller name and address, and an acquisition schedule;
• Description of improvements or other conditions found on the property, if any; and
• Map showing lands to be acquired, including parcel lines,numbers; and
• A signed commitment letter or purchase and sale agreement from a willing seller.The letter
should clearly identify the parcels to be purchased and state that "if grant funds are
awarded, the seller is willing to enter into negotiations for the sale of the property at a
2
10
purchase price not to exceed fair market value." Once funds are awarded, an alternate
property cannot be substituted for the property specified in the application.
Projects that meet more than one Proposition 1 objective will receive priority for funding. Consult
the attached CVMC Proposition 1 Grant Program Guidelines ("Guidelines") for more details on
eligibility.
Application Process and Deadline:
Step 1: Attend a Pre-Application Consultation with CVMC staff to present and discuss drafts of
the project description, budget and schedule. Schedule a meeting by calling Diana Rosas at(760)
776-5026.
Step 2: File a written Application for Local Assistance Grant (using the forms to be provided at
the Pre-Application Consultation), and include responses to all questions in the Project Narrative
Instructions found in the Guidelines. Five hard copies and an electronic version (in
WORD/EXCEL format on a CD or USB drive) of the application and supporting materials must
be submitted to CVMC at 73710 Fred Waring Drive, Suite 112, Palm Desert, CA 92260.
DEADLINE: APPLICATIONS MUST BE RECEIVED BY CVMC's OFFICE NO
LATER THAN 5 PM ON TUESDAY,JANUARY 16,2018.
NOTE: Applications will NOT be accepted from applicants who did not attend a Pre Application
Consultation. Late applications may be considered in future rounds of funding.
Applications will be reviewed, scored and ranked in accordance with the competitive process
established by Proposition 1 and the Guidelines,with final awards to be made by the CVMC Board.
The Board reserves the discretion to award available funds for FY 2017-18 in this round of funding
based on the strength of responses to this NOFA. If funds remain, one or more additional
NOFA(s)will be issued later in 2018.
Further Information
All Grant Program documents,including the Guidelines and any addenda to this Notice of Funding
Availability are available for review at www.cvmc.ca.gov. If you have questions, please contact
Diana Rosas, CMVC Project Coordinator at(760) 776-5026 or drosas(acvmc.ca.gov.
3
ATTACHMENT 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA,
SUPPORTING AND AUTHORIZING SUBMITTAL OF
AN APPLICATION FOR GRANT FUNDS FOR THE
ACQUISITION OF PRIVATELY OWNED
PROPERTIES ON THE CHINO CONE FOR
PRESERVATION OF OPEN SPACE FROM THE
COACHELLA VALLEY MOUNTAINS
CONSERVANCY PROPOSITION 1 PROGRAM, AND
AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXECUTE ALL SUCH
APPLICATIONS AND AGREEMENTS.
WHEREAS, The Coachella Valley Mountains Conservancy, (the "Conservancy'),
was established by California Public Resources Code Section 33501 in 1991 to
protect the natural and cultural resources of the Coachella Valley and its
surrounding mountains, which include the San Jacinto and Santa Rosa
Mountains National Monument and portions of Joshua Tree National Park; and
WHEREAS, The Conservancy has a history of working efficiently with federal
agencies, Riverside County, local cities and numerous nonprofit organizations to
preserve open space, wildlife, scarce water resources and historical artifacts
through conservation land acquisition, habitat management or restoration, and
educational and recreational opportunities for residents and visitors; and
WHEREAS, Proposition 1, the "Water Quality, Supply, and Infrastructure
Improvement Act of 2014," was enacted by the voters on November 4, 2014, to
provide a comprehensive and fiscally responsible approach for addressing the
array of challenges facing California's limited water resources; and
WHEREAS, Proposition 1 provides funding to implement the three objectives of
the California Water Action Plan, namely, more reliable water supplies, the
restoration of important species and habitat, and a more resilient and sustainably
managed water infrastructure; and
WHEREAS, under Chapter 6 of Proposition 1, the Conservancy received an
allocation of $10 million to fund multi-benefit water quality, water supply, and
watershed protection and restoration projects that benefit the Coachella Valley;
and
WHEREAS, on May 11, 2015, the Conservancy adopted the Proposition 1 Grant
Program Guidelines, (the "Guidelines"), establish the process to be used by the
Conservancy to solicit applications, evaluate proposals and award grants of
Proposition 1 funds; and
WHEREAS, the Conservancy anticipates making $2.5 million available for
eligible projects in fiscal year 2015-16, and approximately $2.0 million per year
for the next four fiscal years; and
13
Resolution No.
Page 2
WHEREAS, the Conservancy will administer one or more competitive cycles
each fiscal year through the issuance of a notice of funding availability ("NOFA"),
and applicants must submit a Conservancy Proposition 1 grant application
package in accordance with the requirements of a NOFA to be considered; and
WHEREAS, on May 9, 2017, the Conservancy issued its NOFA No. 2017-01 ,
requesting applications for Watershed Acquisition Projects; and
WHEREAS, the Guidelines require that applicants provide a resolution, motion or
similar action that has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing
the person identified as the official representative of the applicant to act in
connection with the application and to provide such additional information as may
be required; and
WHEREAS, the City intends to apply to the Conservancy for Proposition 1 grant
funding for acquisition of privately-held properties on the Chino Cone, in an effort
to preserve these properties as permanent open space, focused on seven (7)
parcels consisting of 232 acres located in an environmentally sensitive area of
the Chino Cone alluvial fan; and
WHEREAS, the City anticipates the cost to acquire the 232 acres of privately-
held properties located in an environmentally sensitive area of the Chino Cone
alluvial fan is $6,000,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Palm
Springs hereby declares the following:
1. The City Council hereby supports the submittal of an application to the
Conservancy for a Watershed Acquisition Project, focused on acquiring up to
232 acres of privately-held properties located in an environmentally sensitive
area of the Chino Cone alluvial fan at an estimated cost of $6,000,000.
2. The City Manager, or designee, is hereby authorized and empowered to
execute in the name of the City of Palm Springs all grant documents,
including but not limited to, applications, agreements, amendments and
requests for payment, necessary to secure grant funds and implement the
approved grant projects.
3. Pursuant to the authorization herein Section 2, the City Manager, or
designee, possesses legal authority to apply for the grants, and to implement
the proposed projects, and is hereby identified as the official representative of
the City of Palm Sprigns to act in connection with the applications and to
provide such additional information as may be required.
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Resolution No.
Page 3
4. The City of Palm Springs will cause the project to be implemented in
accordance with the schedule, budget and conditions contained in its grant
proposal. Where the project includes land acquisition, the property shall be
maintained in perpetuity for the conservation of its biological and scenic
resources. With the approval of the Conservancy, the City of Palm Springs or
its successors in interest in the property may transfer the responsibility to
maintain the property to a qualified local, state, or federal agency, or to
another qualified non-profit organization.
5. The City of Palm Springs will give the State's authorized representative
access to and the right to examine all records, books, papers, or documents
related to the grants.
6. The City of Palm Springs will comply where applicable with provisions of the
California Environmental Quality Act and the California Relocation Assistance
Act, any other state, and/or local laws, and/or regulations.
ADOPTED THIS 18TH DAY OF OCTOBER, 2017.
David H. Ready, City Manager
ATTEST:
Kathleen D. Hart, Interim City Clerk
1. �
Resolution No.
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on October 18,
2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kathleen D. Hart, Interim City Clerk
City of Palm Springs, California