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08-0429_DEREK OSTENSEN_Correspondence $11.7/2010 A9 DEREK OSTENSEN AND ASSOCIATES Da4;": Axft;'just 1r 20try Sn Re, Poten,?6a: ;,;(,F Cir-ant (.)pprartun=ties ........ _ E 5[7 C 1 SS E...a E�C'4x€i4`i �'i�"f In October 2009, the City of San Juan Capistrano applied to the State Habitat Conservation Fuad grant program. In Spring 2010, the City was successfully awarded the grant in the requested amount of$ 100,000. State staff complimented the City on its tremendous open space efforts to date and suggested we again apply for HCF in the future. The process is competitive and funding is not guaranteed; however, the City potentially has several strong candidates for additional funding in the program's upcoming 20102011 grant cycle. Applications are due October V. These potential projects are as follows. Considering the difficult economic situation, it should be noted that, wherever possible, the City should likely endeavor to utilize in-kind services matches rather than cash. For example, in-kind services matches can take the form of design work, management and public works performed by City staff. If coordinated effectively and well in-advance, in-kind services matches can be included within the reasonable range of staff workload, thereby limiting actual cost to the City. RESTORATION Phase 1 City Parcel Project- Lower Trabuco geek Trail Restoration Total Grant Request inc. Match: $ 200,000 City Match: 50% Cash and/or In-kind Services The recent HCF grant provided funds to clean up and restore one of the most denuded areas of Trabuco Creek. The project site, located off Oso Road, is rife with construction debris, litter and invasive plants that degrade the natural viewshed, public trails through the area and overall ecology of the NW Open Space. Restoration of the project area complements an adjacent Trabuco Creek restoration completed by the City approximately 10 years ago. Between the two projects, a significant portion of Trabuqo Creek will be restored with great public and ecological benefit. A few key areas of Trabuco Creek remain in need of restoration. One particular site is located on the southern edge of the Phase 1 NW improvements, where the public trail exits westerly of the 1µ5 underpass. This area is bare of vegetation and is both unsightly and unfavorable habitat for wildlife. It was identified in the Phase 1 design as an expanded riparian habitat corridor and public trail area that is to be beautified and restored with native vegetation, likely including sycamore trees, oaks and various sage scrub plants. Considering this restoration is included in the Phase 1 design plans, it makes sense to pursue HCl= grant funding for this element in order to offset City investment. TRAILS/SIGNAGE Phase 1 Interpretive Walk - Signage and Exhibits Total Grant Request inc. Match: $ 100,000 - $ 200,000 City Match: 50% Cash and/or In-kind Services Design plans for the construction of a community garden, public park, Historic Orchard and Swanner House refurbishment also included interpretive signage and exhibits to enhance the public experience of the project's amenities and natural setting. Interpretive elements would focus on the ecology and history of the site and would offer positive educational benefits for the visiting public. Grant funding of this item would replace the City's allocation of funds towards Phase 1 signage. City-Wide Trail Improvement and Signage Total Grant Request inc. Match: $ 100,000 - $ 250,000 City Match: 50% Cash and/or In-kind Services There are a number of areas throughout the City that lack attractive, informative trail signage detailing the overall trail system, natural ecology, history and other relevant elements of San Juan Capistrano's open space. For example, the Northwest Open Space only has a few trail signs, some of which have been significantly vandalized or destroyed in recent years. The recent Lemon Grove acquisition is another important area that requires considerable trail and signage improvements. HCF grant funding would offset City investment in trail projects the City will likely have to fund regardless, so it would be a sensible idea to seek funds for this item. In addition, if Committee Member Ritchie has not received funding allocation for the signage project she has been working on with several other residents, it is possible that this program could be used as a funding source for that project, as well. ACQUISITION The 17 acre Lorch and 13 acre Van Thof properties have been identified by the Open Space Committee and Finance Subcommittee as acquisition priorities.. The properties are located immediately east of the 5 Freeway underpass along Trabuco Creek. Both properties support public multi-use trail connections to the overall City trail system, natural viewsheds and key wildlife linkages through the Trabuco Creek corridor. The property owners have expressed an interest in possibly selling their properties, pending agreement on appraised value and purchase price. The HCI= program would be an excellent potential grant opportunity for acquisition funding of these properties; however, completed appraisals and willing seller letters, as well as a 50% City or third-party grant match, are required. Because it is unlikely that the required City approvals for an appraisal, the 4-5 week appraisal process itself and property negotiations could be completed by the October 1" grant deadline, acquisition funding likely cannot be pursued at this time until the aforementioned items can be completed. Nonetheless, the City will be working concurrently on third party funding for these acquisitions, perhaps from V1WCB or the Coastal Conservancy, and it is possible that a funding scenario could occur in which a 2011-2012 (next cycle) HCF grant provided half of the funds and WOB or the Coastal Conservancy provided the other half, thereby limiting the City's Racal investment. However, this scenario is not viable until an appraisal and willing seller are in place. CITY CLERK'S DEPARTMENT-.ACTION REMINDER TO: Eric Bauman, Utilities Engineer FROM: Kristen Lewis, Administrative Specialist DATE: May 15, 2011 SITUATION: At their meeting on September 7, 2010, the City Council of the City of San Juan Capistrano approved an agreement with Corrpro Companies, Inc. to inspect the installation of sacrificial anodes at the San Juan Hills Estates. ACTION REQUESTED: The Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed no later than June 4, 2011. (`The project manager will need to amend the Agreement if services are to continue after June 4, 2011*} Please notify this office if agreement will be extended or is complete. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: 'FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 0511512011 Deadline Date: 0610412011 cc: Lindsey Mannan, Administrative Coordinator (600.30/Corrpr9Sacrificial Anodes) 7120/2010 MEMORANDUM D6 TO: Joe Tait, City Manag� FROM: Grant Taylor, Development Services Director SUBJECT: Consideration of the 2nd Quarter Report from Derek Ostensen &Associates for Grant Writing and Open Space Conservation Services Related to the City's Open Space Acquisition and Restoration Efforts. RECOMMENDATION Receive and file. SITUATION On September 1, 2009, City Council approved a contract with Derek Ostensen & Associates for grant writing and open space conservation services related to the City's open space acquisition and restoration efforts. In April 20, 2010, City Council approved an extension of the contract up to a maximum of $50,000 to be administered by the City Manager in $10,000 increments. Since July 1, 2009, the Community Development Department has been responsible for managing the City's professional services contract with Derek Ostensen &Associates and since December 2009, the firm has been directed to submit quarterly reports on the status of work. BACKGROUND Derek Ostensen & Associates was retained for the primary purpose of identifying grant opportunities which the City could use to assist with open space acquisition and park improvement funding, and preparing grant applications and advising the City on pursuing successful strategies for securing approval of grants, especially Measure M. A summary of the main grant funding sources being considered include: 1. Renewed Measure M (M2) Mitigation and Resource Protection Program Grants (Orange County Transportation Authority). 2. Habitat Conservation Fund Program Grant (State of California). 3. Proposition 84 Grant Program, Statewide Park Development and Community Revitalization Program of 2008 (California) 4. Endangered Species Act (ESA) Section 6 Grants (United State Fish & Wildlife Service (USI=WS). A brief overview of these grant programs is provided as follows: Agenda Report Page 2 July 20 2010 Measure M In November 2006, Orange County voters approved a Renewal Measure M Y2 cent sales tax for funding transportation improvements projects which will raise$11.9 billion over the thirty years life of the program. In 2008, OCTA allocated $243.5 million to mitigate the environmental impacts of freeway improvements through the Mitigation and Resource Protection Program (MRPP) and allocated $237.2 million. OCTA's Environmental Oversight Committee (EOC) is now completing the details on implementation of the Mitigation and Resource Protection Program (MRPP) and how the $243.5 million will be spent for environmental mitigation and recently, recommended that the OCTA board Use 20% of MRPP funds be designated for open space and habitat restoration and 80% be designated for open space acquisition. These funds will be awarded through a competitive grant process. Habitat Conservation Fund Program Under the California Wildlife Protection Act of 1990 (Proposition 117), the State of California Habitat Conservation Fund (HCF) Program allocates approximately $2 million per year to the California Department of Parks and Recreation for grants to cities, counties, and districts to protect fish, wildlife, and native plant resources, to acquire or develop wildlife corridors and trails, and to provide for nature interpretation and other programs which bring urban residents into park and wildlife areas. The HCF Program sunsets in FY 201912020. Proposition 84 Grant Program, Statewide Park Development and Communit Revitalization Program of 2008 (California) The Proposition 84 Parks Grant Program is competitive grant program created by State Assembly Bill 31. The Program is being initially implemented through two rounds awarding a total of $368 million to critically underserved communities throughout California. As of July 1, 2009, the State's FY2009/2010 Budget appropriates $184 million for the first competitive round. The application deadline for the first round of grant application requests is March 1, 2010. The Open Space Committee's Planning Sub-committee and the Open Space Committee (OSC) have made recommendations to the City Council for the submission of parks and recreation projects to the State for consideration of Proposition 84 Grant funding. Section 6 The Cooperative Endangered Species Conservation Fund (Section 6 of the Endangered Species Act) provides funding to States and Territories for species and habitat conservation actions on non-Federal lands. States and Territories must contribute a minimum non-Federal match of 25% for the estimated program costs of approved projects, or 10%when two or more States or Territories implement a joint project. A State Agenda Report Page 3 —July 20 2010 or Territory must currently have, or enter into a cooperative agreement with the U.S. Fish and Wildlife Service (Service) to receive grant funds. Work completed to date since the submission of the last quarterly report is outlined in the attached report which documents efforts on the Measure M Land Acquisition Program, Proposition 84 Parks Grant Program, and the Proposition 84 Nature Education Facilities (NEF) Grant Program. FINANCIAL CONSIDERATIONS The City's current contract with Derek Ostensen & Associates is for a maximum not-to- exceed contract amount of $50,000 approved by the City Council on April 20, 2010. PUBLIC NOTIFICATION Public notification is provided through posting of the meeting agenda. RECOMMENDATION Receive and file. Respectfully submitted, Prepared by: Grant Taylor William A. Ramsey, AICP Development Services Director Principal Planner Attachment 1. Quarterly Report, 2"d Quarter 2010, Derek Ostensen & Associates. MEMORANDUM C'11ENT I SAN JUAN CAP'�STRANO DEREK OSTENSEN AND ASSOCIATES To. Sill Ramsey, Principal Manner From: Derek Ostensen, Consultant Date: J my 10, 2010 Re; Quarterly City Council update EXECUTIVE Significant progress has been made in the past quarter towards the realization of many of the City's key open space goals, including improvement of public recreation opportunities, conservation of sensitive open space and award of third-party grant funds to offset local investment. The previous quarterly report noted that the grant funding freeze that had occurred due to the economic crisis was beginning to thaw. Derek Ostensen and Associates has worked closely with City staff during the past quarter to capitalize on the improving grant conditions to deliver significant new open space opportunities and grant funds for City constituents. The following progress report provides a summary of open space initiatives and results over the past quarterly period. HABITAT COQ E FUND GRANT AWARD The recent quarter included the successful award of the Habitat Conservation Fund grant request for $ 100,000 for improvement of public access/trails, restoration of habitat, and removal of invasive species in Trabuco Creek. The 7 acre project area is located in the riparian portion of the City's Shea/2C Ranch acquisition, near the Shea Therapeutic Riding Center, and features a popular public hiking/equestrian/walking trail with access via Oso Road. This was the first grant we applied for once the economic crisis subsided and grant funding was restored. In addition to bringing excellent improvements for public trails, access and habitat, the resource-oriented grant also serves to establish long-term, recurring funding relationships with grantors and will strengthen grant applications for other funding sources, such as land acquisition and active park projects. ATTACHMENT Derek Ostensen and Associates worked closely with State and City staff to coordinate a strong grant application and follow-through, resulting in what State staff referred to as "the best grant application they received." PROPOSMON 84: NATURE EDUCATION FACILITYW Derek Ostensen and Associates completed a 77 page grant application, including 20 pages of criteria analysis, for the Northwest Open Space Phase 1 Community Park. The application requested 4.7 million dollars for completion of the majority of Phase 1 improvements. A successful grant award would reduce the allocated City investment of 2.7 million dollars by approximately 80% to only a small fraction of the total project cost (mainly for amenities not eligible for NE funding). The grant application consisted of detailed design plans, cost estimate analyses and thorough responses to nature education facility grant criteria, including the community-serving benefits of the project and the City's ability to effectively manage the facility over the long term. The final product was reviewed by Townsend Public Affairs (TPA) grant application staff prior to submittal to the State of California. TPA noted that it was an "excellent" preparation of the application. The Nature Education Facility grant program offers approximately 93 million dollars in grant funds for the development of nature education facilities or improvement of existing facilities, including the addition of exhibits, structural enhancements or interior/exterior remodeling. Requested funding for the Northwest Open Space Phase 1 Community Park project would support construction of a Community Garden and Native Plant Demonstration area, restoration of the Swanner House and Orchard into an educational amenity, construction of a Nature Education Amphitheater/Outdoor Classroom, improvement of a Habitat Restoration area, construction of access roads and pedestrian paths and the inclusion of numerous interpretive signage elements. The project would be an impactful community amenity which would substantially benefit both the quality of life and nature education knowledge of City residents. Please see Project Summary attachment for more detail on this particular grant application. CALTRANS GRANT FUNDING AWARD Derek Ostensen and Associates coordinated another key grant funding success in the past quarter with a $ 150,000 Caltrans award towards the City's efforts in the Northwest Open Space. Award of these funds entailed complex negotiations with Caltrans staff and detailed analysis of the eligible project use for the funds within the Northwest Open Space. In addition to coordinating the funds, Derek Ostensen and Associates worked closely with City staff to process wildlife agency permits needed for provision of funds, including US Fish and Wildlife, CA Department of Fish and Game, San Diego Regional Water Quality Control Board and US Army Corps of Engineers approvals. Receiving this funding has several benefits, including: a) It will likely result in additional funding from Caltrans down the road for the NW open space, including acquisition, restoration and trail funds, b) It strengthens the wildlife linkage's habitat, which improves our ability to attract additional acquisition and restoration funding from other third party sources, c) It sets a successful. recent grantor-City partnership precedent for other potential grant funders, such as Measure M or the State of CA; d) It offers City residents significant trail improvements and beautification for this area of Trabuco Creek-tangible examples of "people benefits" in addition to habitat improvements. MEASURE M WTIGATION GRANT FUNDS Following several months of effective coordination and advocacy by Derek Ostensen and Associates, the City significantly improved its competitive position and its proposed open space acquisitions were included on Measure M's list of 26 "high priority acquisitions" out of more than 100 County-wide applicants. Candidate Measure M acquisitions are moving towards a final selection process in August/September 2010. The City's most likely candidate for acquisition, the Saddleback Valley Christian School property, is currently being appraised by OCTA with a preliminary valuation expected in late July/early August. OCTA intends to meet with the property owner in late July to assess potential deal points and expectations. OCTA will begin identifying potential acquisition scenarios for all candidate properties at their August 4", 2010 Environmental Oversight Committee meeting. As it is for all candidate properties, acquisition of the Saddleback Valley Christian School property remains uncertain at this time; however, we are confident that we have positioned the City in the very best way possible to attract funds. In addition to achieving several milestones in the Measure M acquisition process, during the past quarter the City's proposed Measure M 2C Ranch Restoration project was also included in the highest tier priority category (Group 1 out of four groups). Only 5 other proposals achieved this highest ranking out of more than 25 proposals submitted, again showing the City's substantial success to date in positioning itself for potential Measure M funding. Funding of candidate restoration projects is expected to be finalized by November, 2010, by the Measure M Committee. ADDTIONAL GRANT OPPORTUNITIES Due to the significant resource value of the City's open space, a number of State, Federal and private foundation grants are available for land acquisition, habitat restoration, trail improvement and public access. Many of these grant opportunities were identified in a previous report prepared and submitted by Derek Ostensen and Associates. As a result of the gradual improvement in the economic crisis, a number of these grants are receiving reallocation of funds for distribution. Derek Ostensen and Associates will continue to assess additional grant opportunities as they become available and will communicate with City staff to ensure that City projects which have a high likelihood of grant success are prepared and submitted for funding consideration. In addition to other pending grant efforts, Derek Ostensen and Associates has been working closely with the State of California Coastal Conservancy to pursue potential matching funds for the Northwest Open Space, including the possible Saddleback Valley Christian School acquisition and the adjacent Van Thof and Lorch acquisitions. Additional information on the potential provision of funds to the City from the Coastal Conservancy is expected to be available within 2 weeks, pending further coordination with State grant staff. ENCLOSURES 1. NEF Grant Application Cover Letter, Cost Summary and Project Summary 2. Caltrans Letter of Intent for$ 150,000 grant award 3. Highest Ranked (Group 1) Measure M Acquisitions Map and Spreadsheet 4. Highest Ranked (Group 1) Measure M Restorations Map and Spreadsheet Proposition 84 Grant Program Nature Education Facilities (NEF) Northwest Open Space Community 'ark Submitted by: City of San Juan Capistrano Community Development Department 32400 Paseo Adelanto San Juan Capistrano, California 92675 Submittal date: July 1, 2010 Grant Taylor, Community Development Director William Ramsey, AICP, Principal Planner David Contreras, Senior Planner Derek Ostensen, Consultant 1 1-Application orlm __.._.._.__ STATE OF CALIFORNIA-THE RESOURCES AGENCY- DEPARTMENT OF PARKS AND RECREATION PROJECT APPLICATION . 2006 Bond Act (Proposition 84) - NATURE EDUCATION FACILITIES PROGRAM PROJECT" NAME — I Northwest Open Space Community Park Tier(Select one) D A 11 B ©C OD OE PROJECT PHYSICAL ADDRESS (including zip code) 29680 Camino Capistrano Requested GRANTAmount: $4,763,402.00 San Juan Capistrano, CA 92675 Nearest Cross Street I County of PROJECT Location Total Other Fund Sources-, L0 J. Serra Road & Camino Orange County Capistrano Est. Total PROJECT Cost: $4,763,402,00 _ _ l APPLICANT(CITY, COUNTY, DISTRICT, JPA. STATE AGENCY OR NON-PROFIT ORGANIZATION) City of San Juan Capistrano, CA Describe.the PROJECT SITE LOCATION: 8.06 Acres owned in fee simple by Applicant 0.0 Acres available under_year proposed or existing land tenure agreement. 8.06 Total Acreage of the PROJECT site DIRECTOR/PRESIDENT/CEO —-- .toe Tait City Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Name (typed or printed)and Title Mailing Address DIRECTORIPRESIDENTICEO {949)443-6397 itaitrrsanivancapistrano.orq Phone Email address DAY-TO-DAY CONTACT for ADMINISTRATION of the GRANT(if different frOM AUTHORIZED REPRESLNTAT)VE) Bill�R am Ramsey,AICIP,Principal Planner 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (typed or printed)and Title Mailing Address i 949 443-6334 bramsey@sanivancapistrano.org Phone Email address GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended use of the requested 1 GRANT to complete the FEATURES and MAJOR SUPPORT AMENITIES listed In the attached GRANT SCOPE/Cost Estimate Form. I certify that the information contained in this APPLICATION PACKET, including required attachments, is i accurate. AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION OR CERTIFICATION LETTER 1gnature AUTHORIZED REPRESENTATIVE Da Joe Tait,City Manager fait San"uanca istrana or (949)443-6397 ame(typed or printed) and Tit:e Email address Phone City of San Juan Capistrano Application Form Northwest Open Space Community Park 4 Historic Grange Grove a® Interpretation Area Native Plaint �a Demonstration �. *®` Historic Swarner House Garden {y Interpretive Center a-. INalure.Na`iv�Amen an&Hlstoricr l CxF bltsl a Nature Education Amphitheater & Classroom f �rry Compost & _ r lir Recycling Learning Area evroorn jF zY i 3 LEER Cir€ffaer '* S - DIG Dotted Eine denotes NEF 4. project limits within overall : park pion Yom_ Group Interpretive Native c �. Resp€ocTr�i Hummingbird and :r' LcE(� Cer'iPie Butterfly Garden NYuEti Use Grail {e.xtensis along fraAsi 4 � v k C�ut�l�or Recreation Area Denotes Nature " Education Exhibit Tour Site or Program 1 1.8 acre Habitat Restoration, r Natural Sciences and lnterprefive 7 Area fad`;pins to the southI t { y. C O Iv`€hh E r N E `' PA}l tC t:C3 iC E f tT , f � ti1C E r7,�E:1' 111-AN 1. '0t O g � 0 + v. �i.r_q, i SRf4G1" 48 PROJECT SUMMARY The Northwest Open Space Community Park project in San Juan Capistrano, California, seeks to create a new 8.06 acre nature education area within a planned 67 acre Community Park. The project is located within an ecologically vital area of South Orange County featuring numerous sensitive species, two perennial creeks, a critical wildlife corridor, and more than 1,000 acres of contiguous preserved open space. Major support amenities for the project provide comprehensive, effective learning opportunities for the public. The Community Garden and Native Plant Demonstration area will offer learning opportunities to explore the significance of native plants, healthy nutrition and the benefits of growing your own vegetables, including a display showcasing the Native American origins of many staple crops. The Historic Swanner House and Orchard features exhibits that promote an understanding of the City's Native American inhabitants, natural resources, and agricultural history, including a dynamic outdoor education experience in one of Orange County's last remaining orange groves. Adjacent to the Swanner House and between the community garden and Historic Orange Grove, a Nature Education Amphitheater will act as an outdoor classroom for educational programs serving all ages. An adjacent 11.8 acre Habitat Restoration and Wildlife Corridor, which already supports active marine research efforts for endangered Steelhead Trout, will be improved with interpretive exhibits, tours and low-impact hands- on programs. Throughout the site, additional nature education displays and amenities will provide a vibrant interpretive experience, including exhibits reflecting the sustainable design of the project, natural resource challenges/solutions and opportunities for making a positive environmental difference beyond the project's boundaries, in one's own life. 56 STATE OF CAL IFf)RViA Hti iVT SS FR,AIvSi>(1RTATI£)1V. HGUSPJC AGENCY A tN©LD 1CPWAR7RVrr GH U©vemar DEPARTMENT OF TRANSPORTATION 3347 MICHE.LSON DRIVE,SUITE 100 ,o IRVINE,CA 92612-8894 PHONE (949)279-8715 FAX (949)724-2141. Fiex your power? TTY 711 Be energy efficient! April 15,2010 Mr. Derek Ostensen Conservation Consultant Derek Ostensen and Associates Dear Mr.Ostensen: Please forward the following information to your contacts with the City of San Juan Capistrano. We know that you have been working very closely to help initiate the Northwest Open Space Restoration Project with the City of San Juan Capistrano. Caltrans beleives this would align with our mitigation needs for the I-5/Camino Capistrano Interchange Improvements Project. The following items summarize what Caltrans can commit to and what commitments are needed for this project to commence. Caltrans has allocated$150,000 of mitigation funds for related project impacts to waters of the U.S. and waters of the State. This money would be transferred from Caltrans to the City of San Juan Capistrano once a Cooperative Agreement is executed. The San Diego Regional Water Quality Control Board has stipulated that 1.264 acres of restoration is required to offset these impacts. We would need the Cooperate Agreement to solidify the following general roles and responsibilities. Our hope is that through the Northwest Open Space Restoration Project, the City will plan and implement restoration of 1.264 acres of riparian habitat in Trabuco Creek. The City would be responsible for coordinating the restoration and monitoring its success according to performance standards noted in the Cooperative Agreement. Caltrans would receive credit for the 1.264 acres of the City's restoration, per its funding of that portion of the project. Removal of non-native arundo, tamarisk, parnpas'grass and other invasive species within the 1.264 acre area must begin by August 2010, concurrent with the I-5/Camino Capistrano Interchange Improvements Project near San Juan Creek. Removal will be conducted by appropriate methods, including hand tool removal and environmentally safe, permitted herbicide, as needed. The City will develop a restoration plan for native plant revegetation (riparian plant species)of the 1.264 acre site and will begin revegetation (plant installation) by April 2011. We have requested that both the San Diego Regional Water Quality Control Board and the California Department of Fish and Game review the City's Restoration plan and approve this option as our.mitigation for the above project. We feel that.with a firth commitment from the City our chance of approval from the regulatory agencies will greatly increase. "Caltrans improves mobility across California" Mr. Ostensen April 15, 2010 Page 2 We would like to request a commitment in writing that the City would be willing to accept the $150,000 and in return obligate there to meeting the above stated commitments. Once we have this firm commitment and approval from the above referenced agencies we would like to immediately move forward with the Cooperative Agreement process. Timing is absolutely crucial as this can be a timely process for both of our agencies. Thank you in advance for your time and expedition of this partnership. Sincerely, Chris Flynn Branch C Chief Environmental Analysis—District 12 C: Lesley L. Hill,Associate Environmental Planner, Natural Sciences "Caltrans improves mobility across California" :SEE= aczn IAMONU BAR x t zJ CdNQ � ! r. Y �r J LA HABRA BRA \ a � r YORBA LINDA FULLERTON PLACENTA \.• s4yr4. Sn»s'FPCso ..p,,}VE i PLAOEN7 .1111 o r� J ,fir k r y w u, ANAHEIM A,,1 ` VILLA PARK ;i�a y❑a sd; . ........... . . L OCTA, GARDEN GROVE... w., P K� SANTA'ANA TUSfIN - t.F FFbOUNTAIN, n cl. AW Vh�Y PCF 4 saga __ �^�. t ..Y „�`• �; �-0ai ,,qq��r..'� �neyxtiv. 51,E E +' ,. \J V ate:„COSTA MASA a ” y LAKE `e x FOREST. > a� ANEHO 5ANTA ei MARGARITA `. M1593gN i "-�LAGUNAWOODB VfI;JO u z } �3SGUNR T, ALS".`, 54E.. _ finlEn Ferhn t1r�.A^.:� V 'fle' - ri� LACUNA 'r h BEACH z ', Proms es LAGUNA was• -- -. ON WGUEL Al r�txkvOly r � 5 5urrm SAN JUAN , p rt � CAPWRANO Cl' Group 1 Property, z Grafi z Property DANA w r POINT Nu1e(:uWrs a2�setl to clehfy property la„+¢az'as, ,� - SA C f-:N7E cquisition Properties Evaluation(PCA and Non-PCA•Biological Criteria)' - Notes:'t'he Conservation.Assessment identified 11 core habitat areas wlthrn Orange County:Santa Ana Mountains,Northern Foothills,Scut hern Foothills,San Joaquin Hifls,Chino Hills,Nlest Coyote Hills,Upper Santa Ana River,and the North Coast Lagoons)Bolsa Chica,Santa Ana River Mouth,Seal Beach,and Upper Newport Bay},Unprotected lands within the core habitat areas were further refined into priority conservation areas SPCA}based on conservation values. Property Acquisition) Number Restoration Property Geographic Area Acreage m �- -p OC a m a 22 Acquisition Ferber Ranch""' Tratruc. 444 N E 7 `a m rd (U � �+ O 28 Acqu"rsitinn Hayashi— 4rea 298cu C ) > E 103 Acquisition Holtz Ranch(CCRC Farms LLQ" Cleveland Nat'l Forest 289.91 0CL CLsa„ CL 0. O tl0 � N � 105 AtgwsMon MacPherson'" Cleveland-Nat'l Forest 216.68 w .% C W m o a 54 Acquisition Mitchell Properties West"' Prabuco 101.7 .Q CL O SO a ate' 56 Acquisiticin O'Neill Oaks' Tia ro c. 149.9 „S V V, t; u O aO O o*.W L � v :w ? C r4 qi y0 > t 66 Acquisition Saddle Creek5outh"" 1'ra6uco 85.97 Vruui a C W O aW o aC U .0 Z _� H vi = .P O CJ G C i5 N j W u 67 Acquisition Saddleback Meadows'" Trahuco 222d3 m LL rl tel CL 'O a v v - s Saddleback Dalley Christian a 58 Acquisition School"' San Juan Capistra rto 67.93 W h .M •R1 « .y YS rr1 yT a a ^ C V - 77 Acquisrtiort Siena Summit"" Laguna Niguel S4 G1 o. fl L C nc a a c no � L V G N 79 Acquisition Sky Ranch"" lratruco 526.87 Vv ID �i VV V dJ tlp to N 106 Acgvisitbn Takahashi(Raker Square LLC]" Cleveland Nat'€Forest 642 U � p N Y a u 0 is E 82 Acquisition The Haden Estates-' Trahvco 49 O O CL CD O d Z N 93 Acquisition Watson" Trabuco 98.32 d7 C V 99 Acquisition Canyon Cresi Chino HMIs State Park 352,92 •a s. Fiat C.rnerstone Land LLC 101 Acquisition Cleveland N 'I forest 229.13 "O {siat lvered.Canyon LPA G O N 56 Acquisition Newpott-Banning Ranch Coastal 402 W O Q V w O O S]. 75 Acquisition Shelf-Aero IHOSEQ Tonner Canyon 2935 - a E e�t 95 Acquisition West Coyote Hills FuGerton 510 G Q 0.^ 4112010 Version - - ,cqur sition properties rvaluation(PCA and Nora-PCA-Biological Giterfa' Property Acqufsftion/ Number Restoration Property" Geographic Area Acreage W s 97 Acquisition Adams C€eveland Nat'l Forest 50-13 +ro y O u .r- E 16 Acquisition €leer Canyon SH-91 45 C vpi O ro U p a N C V SA Acquisition Mitchell Properties Easy 'rabuco 40 tlt O y N "G b0 CN C C to O '++ u a a w O O ti a m cm '[$ CL CL V 69 Acquisition Sadd€e6ack Vineyards Trabuco 99.29 r-'y � � N N -au E d � ess U 3 N C7 m E 83 Acquisition Thier Property 1 Trabuco 78.6 � QjN to N E c c a asX .. 84 Acquisition Thier Property 2 Trabuco 19.9 ` Q Q O 98 Acquisition aaczynskt Cleveland Nat'E Fm est 71.6E vQi r O O CL � V 100 Acquisition Dul-c LOPEZI CleveU'd Nat'[Forest 56-1 j ¢ a E a � T 102 Acqu€srtion Gitte€son(Eergman` Cleve€and Nat'l Forest 223.31 N 3- 4 � tll uy YS lot AcquvsiYian interAmericanInvestments Ch€no Hills State Pant 123.86 O v LEGEND s Properties are in a3phabetical order within each group —Recommended for proceeding with appraisal process and/or for acquisition consideration(€n bolded text).The remaining Group 2 proponies will be appraised at a later time if a considerable number of properties are removed from contention, �P,.pertfein PCA PraperYe,outside of PCA Nn PCA and Remavad by Project Sponsor Outside-of PCA and Removed by Project Sponsor 4/112010 Version Property Restoration Criteria: Biological Factors Preliminary Results The attached Property Restoration Criteria: Biological Factors and map contain the preliminary results for the restoration proposals. As noted in the attachment, the restoration proposals are based solely on the biological criteria. It is possible that their placement may be changed upon further information obtained for the non- biological factors. The factors that may change the overall placement of a restoration proposal may include price per acre for restoration and leveraging partnership. The restoration proposals are ranked in four groups, with Groups 1 and 2 recommended for further consideration. Group 1 restoration proposals generally possess high potential to support similar vegetative communities lost to freeway projects, restore species that are considered sensitive under the California Natural Diversity Database (CNDDB), have high potential net benefit in ecological value for target species, and high con nectivitylcontiguity opportunities. Group 2 restoration proposals generally possess good potential to support similar vegetative communities lost to freeway projects, restore species that are considered sensitive under CNDDB, have good potential net benefit in ecological value for target species, and good con nectivityicontiguity opportunities. The next steps will be to ascertain non- biological criteria to determine if there are leveraging opportunities between the restoration proposals and the potential acquisition properties as well as maximizing the mitigation opportunities for the Measure M2 (M2) freeway projects. Upon endorsement from the EOC at the April 7, 2010 meeting of the preliminary restoration evaluation results, Staff will obtain concurrence from the T2020 and approval from the Board of Directors at the May 2010 meetings, April 1, 2010 Version t LCIS ANGELES f SAN ERNARDMO Flyi0ty ..._. .. ........ � RI0fERSEDE -- URANGF7€tORPE_ '. 35: t' L R.:¢:N,"',"• K P:a1 43 . a I Li_ IVILLLA GAPDEN'GROVE 36 g r: "s_ E f ,sOLSA� ti ,C 37 Eviq 1"CR _ VVAfl.,. nLlry7 fi '�qi� 4 L Z X27 _._ �r� l , ....,\ :.. � \. ' 21 �1 E� S6 55 SS 57 G _ 2p t F C 3 ✓' 49 36 € ! � 13 4+: 2 ° r` 39 19 10 .:[, x 0 �- 3 iso � �€ � T a SAES DIEGO Source:OCTA w Restoration Properties 0 2 4 Moes 0 April 1,2.650 Portions of this map copyrighted by"hornas Bros Mans and reproduced with permission, Property Restoration Criteria: Biological Factors Preliminary Results* Property Acquisition] _ Geographic -...._.. _- '-- Number Restoration Property Area Watershed Acreage Project Information Cost/Acre Est,Total Cost 150 acres of C55&.cactus scrub ------------$50,000 $7,500,000 ----------------------------- o China Hills State Lower Santa Ana $75,000 $11,250.000 2 '�L« c °F b Restoration Chino Hills State Park 180.0 Park River m «L $25,000 $750,000 w `m • 30 acres of sycamore/willow riparian - - - - - - o ° c s m $35.000 $1,056.000 Q, :3 rn - N City Parcel Restoration Riparian corridor,upland CSS,oak woodlands, $25,000 $1,325,000 i' •°1 m San Juan 10174 Restoration (aka as Shea San Juan Creek 53.0 native grassland habitats,artichoke thistle, """"""'"""""""'""""" •- Capistrano $35,OflU $1,955,000 0 0 N w c Resfaratian) mustard invasivas,arundo Q.—' cr Talbert 40 acres of wetlands riparian habitat,CSS, --$95{1,000_ 33,000,0001 r? a 21 Restoration Fairview Park Cost Mesa Channel[Greenvi[le 20,0 - - ------------------ r m. o native grassland,and oak woodland $16(1,000 $3,200,000 o m N o 2.2 acres chaparral,362A CSS,138.4 'N m c_c, •� CSS!native grassland mix,108.3 native 'm 'c 36 Restoration Irvine Ranch Irvine Sar Diego Creek 500.0 grassland,47.4 oakisyeamore woodland,81.5 $11.000 $5,504.000 m o U passive restoration{est.iota[of 740.5 acres,but (3 o .a 'E , orcroostai;LEL acres for restoralion'i U u y sponsor > Vi 0 88 acres of CSS,45 acres of grasslands,34 assumes is P 57 Restoration Orange County Great Irvine San Diego Creek 176.4 acres of ri artan thickets and wetlands,5.4 Park g p prevailing o m o.@ r= o Q acres of oak,4 acres of cactus scrub market rate o > N z Z5 .. per acre o .T a ro E N 89 Restoration UGI Ecological Reserve Irvine Sari Diego Creek 8.5 8.5 arras cactus scrub $38,235 $325.60 N m.� U $20 000 ---$70,600 - .,>-, c O Laguna Canyon ---- --------- - ------ Irl w 6 Restoration Big Bend Laguna Beach Channel 5.0 3.5 acres of native habitat $25 000 $87,500 � m Harriett Wieder Regional Lo*,A€amitoslE v os m 3 A m Q N V 27 Restoration Park(aka Bolsa Chico Bolsa Chico Garden 25,0 coastal dune,upland!mesa habitats $50,000 $1,250,000 H > Conservancy) GrovelBolsa Chica 15 - g o N _ 3 Q $45,000 $225 -- dl. m E L v Lower Santa Ana Est!ve to ten acres to establish riparian ------------------------------ ---- 35 Restoration lmperiallSR-91 Proposal Anaheim 5-10 p $45,000 $450,060 = U a:a rn River transitional,and upland native plan communities Q o ......, W v 0 „j O,Q U Southern Open Space San Juan w m 'Q (OS) - 80 Restoration (OS)Restoration Capistrano San Juan Creek 39.7 Upland CSS $20,477 $812,927 0 '� rs m 3 Q�] > V m C E N U u Q AcAivo restoration(47.7 acres)- - $7,000 $478,10 0 r E Los Trancosr ----------- --- — -r------------------------------------ ------------------------------_- a1190 Restoration Upper Buck Gully JewpuR Beach Creek6$.3 -,-,.,.,..--passive esEoralan(20.6 acres) $1,500 $102,450 o om eQ Total request $867,Ofl0 a � N Los TrancosfMuddy w v ; - 13 Restoration Dartmoor Laguna Beach Creek/Laguna 39.7 High quality CSS,sensif[ve plants $20,477 $812,927 N ' N c p .Q Canyon Channel 0' o 0 r:,a1 N o Q Ei u •a H C C mm Cl) '�" CL O-a �' Laguna Canyon 19 Resforak[on Driftwood Restoration Laguna Beach Channel?Alis$ 6.0 ESHA replanting.monitoring;high quality CSS $120,000 $720,000 m $ E µ ^ Q rn CreekfSalt Creek 0 a w m •'" N c Ur o c Q c m .,n > o N Q $540,040 o.w.a opo San Juan ------ w .. u T•� o 39 Restoration Laguna Heights HOA San Juan Creek 20-30 Upland CSS,native grasslands $27,000 $810,000 �' °' w 3 0 Capistrano 00 > Z Y C _ � u The restorallori proposals are based solely on their biological criteria.It may be possible their placement may be changed upon further information that are obtalned for the non-biological factors.For instance,the type of habitats to be restored;price per acre for restoration,and leveraging partnership may change the overall ranking of the restoration proposals. 41212010 Property Restoration Criteria; Biological Factors Preliminary Results* Property AcquIsItIonf Geographic Number Restoration Property Area Watershed Acreage Project Information Cost/Acre Est.Total Cost Beach and Bay Mobile u 10 o m Dome Park 215 Restoration Newport Beach 3.0 purchase and/or habitat improvement it a..� .N ® c u w n a m Basi.one acre to establish ruparian,tiansifianal, a »� a 43 ResforaFion Llncaln;Glassel Proposal Anaheim 1'.6 r m-� �, o y and upland native plan coinmunities 13 m V w .. — ° E > u 3 `a m p w `m°m c o Pacff€c View 'o- U U 3 0 59 Restoration Huntington Beach 1.0 Wetland ratoration a a m 1,N W z o CL Avenuelf3each Blvd. 0 oo > pc > > 3a 60 Restaratieri Pacific View Huntington Beach 2.Q Welland reierallon c y, w «Z o > AvenuelBeach Blvd. m > m m U a-a C9 > y > m Laguna Coast Laguna Canyon Laguna Lakesfwetlands.upland habitat 38 Restoration LagunaBeach 6,OQQ.fl Wilderness Park Channel meadows l-0 x 0 coastal mesa,bluffs,arroyos,and wetlands; Z F Z L d cactus wren,Maritime succulent scrub,southern ZZ } 55 Restoration Newport Banning Ranch Newport Beach Santa Ana Rive, 80.0 coastal bluff scrub,tidal coastal salt marsh, O C7 �U southern willow Pores€,vernal pools,southern Q I'nt Aliso&Wood Canyons Aliso and Sulphur 2 RestorationWilderness Park Laguna NEgual Creeks 4,000.(1 C55;river[no hab#tat t— Aliso '0 and Sulphur ecosystem restoration and streambed n 3 Rastoratlnn Aliso Creek Laguna Niguel Creeksstabilization 0 G; n S Restoration City of Irvine Properties Irvine203.0 Z O a > rn 49 Restoration Lower Buck Gully Newport Beach 50,0 habitat improvementsLU t7 LU — 1'rabuco 615 Restoration Saddle Creek North (Unincorporated 30.0 upland and riparian restoration $24,733 $741,990 - 4!212016 2 11111612010 MEMORANDUM D 8 TO. Joe Tait, City Manager FROM: Grant Taylor, Development Services Director SUBJECT: Consideration of the 3rd Quarter Report from De,rel ,Qtensen &Associates for Grant Writing and Open Space Conservation Services Related to the City's Open Space Acquisition and Habitat Restoration Efforts. RECOMMENDATION Receive and file. SITUATION On September 1, 2009, City Council approved a contract with Derek Ostensen & Associates for grant writing and open space conservation services related to the City's open space acquisition and restoration efforts. In April 20, 2010, City Council approved an extension of the contract up to a maximum of $50,000 to be administered by the City Manager in $10,000 increments. Since July 1, 2009, the Development Services Department has been responsible for managing the City's professional services contract with Derek Ostensen & Associates and in December 2009, the firm was directed by City Council to submit quarterly reports on the status of work. BACKGROUND Derek Ostensen & Associates was retained for the primary purpose of identifying grant opportunities which the City could use to assist with open space acquisition and park improvement funding, and preparing grant applications and advising the City on pursuing successful strategies for securing approval of grants, especially Measure M. A summary of the main grant funding sources being considered include: 1. Renewed Measure M (M2) Mitigation and Resource Protection Program Grants (Orange County Transportation Authority). 2. Habitat Conservation Fund Program Grant (State of California). 3. Proposition 84 Statewide Park Development and Community Revitalization Grant Program of 2008 (State of California). 4, Endangered Species Act (ESA) Section 6 Grants (United State Fish & Wildlife Service (USFWS). Agenda Report Page 2 November 16 2010 In addition to these, the City recently entered into a cooperative agreement with California Department of Transportation (CalTrans)whereby Caltrans will pay the City's$150,000 for the City to restore 1.26 acres of riparian habitat. FINANCIAL CONSIDERATIONS On April 20, 2010, the City Council approved a maximum not-to-exceed contract amount of $50,000 to be administered in $10,000 increments subject to approval by the City Manager. $10,000 of the contract amount was budgeted in FY 2009110, and $40,000 included in the FY 2010111 budget. Funding for this contract is from non-bond proceed amounts remaining in the open space construction fund. To date, $15,343 in payment has been authorized against this contract and $34,657 remains available. PUBLIC NOTIFICATION Public notification is provided through posting of the meeting agenda. RECOMMENDATION Receive and file. Respectfully submitted, Prepared by: Grant Taylor William A. Ramsey, AICP Development Services Director Principal Planner Attachment 1. Quarterly Report, 3rd Quarter 2010, Derek Ostensen & Associates. MEMORANDUM °I-Ar'N l v DEREK OSTENSEN AND ASSOCIATES To. City of Sari ,duan Capistrano From-, Derek Ostemsen, Cite C nservatlon COiIS fttant Date: October 25, 2010 Re, z=a4 2010 Quarterly City Council RepoFt EXECUTIVE SUMMARY The following memo summarizes open space efforts made on behalf of the City of San Juan Capistrano by Derek Ostensen and Associates, which has assisted the City in conservation planning, project implementation and pursuit of third- party grant funds. Significant progress has been made in the past quarter towards the realization of many of the City's key open space goals, including improvement of public recreation opportunities, conservation of sensitive open space and award of third-party grant funds to offset local investment. The following progress report provides a summary of open space initiatives and results over the past quarterly period. MEASURE M MITIGATION PROGRAM[ FUNDS Summary: The Measure M Mitigation Program allocates approximately 243.5 million dollars towards acquisition and restoration projects throughout Orange County. Obtaining funding from the Measure M program for high-priority acquisitions and restorations has been a key focus of the City's open space effort to date. Results: Following several months of effective coordination and advocacy by Derek Ostensen and Associates, the City was recently awarded a 1.5 million dollar allocation for trail improvement and habitat restoration along 53 acres of the Northwest Open Space. The project will provide a number of benefits for San Juan Capistrano residents and the natural resources of the area, including enhanced public access, improved equestrian and multi-use trails, increased nature-watching opportunities and a beautified open space viewshed. The project will also likely increase the City's competitive position for additional grant funding for the area, including acquisition and trail funding. Page 1 Derek Ostensen and Associates was pleased to provide the City with excellent competitive positioning for the restoration project throughout the OCTA review process. The project was scored into the highest-priority category (Group 1 out of four groups). Only 5 other proposals achieved this highest ranking out of more than 25 proposals submitted, showing the City's substantial success to date in positioning itself for potential Measure M funding. The 1.5 million dollar award represents 27% of the 5.5 million dollars awarded to 6 total restoration projects in 2010, a strong success for the City. As noted previously, Derek Ostensen and Associates also coordinated the City's Measure M acquisition applications, which were included on Measure M's list of 26 "high priority acquisitions" out of more than 100 County-wide applicants. Candidate Measure M acquisitions are moving towards a final selection process in December 2010/January 2011. The City's most likely candidate for acquisition, the Saddleback Valley Christian School property, has completed its first appraisal and is now being independently reviewed by OCTA appraisal consultants. As is the case for all candidate properties, acquisition of the Saddleback Valley Christian School property remains uncertain at this time; however, we are confident that we have positioned the City in the very best way possible to attract funds. if for some reason the Saddleback Valley Christian School property does not obtain first-tranche funding from OCTA (escrow close in early 2011), then it is highly probable that the property will obtain second-tranche funding, which would likely result in escrow closing between Summer-Fall 2011. Scope of Work Overview: • Prepared and coordinated several powerpoint presentations to the Measure M Committee highlighting San Juan Capistrano projects. • Worked closely with City Council representatives and City leaders to establish high-level advocacy between the City and OCTA. • Prepared and submitted more than 200 pages of required criteria analysis, site maps, and resource documentation for OCTA and the wildlife agencies • Participated in more than three dozen meetings with stakeholders and Measure M decision makers regarding the City's funding applications. • Designed and prepared detailed resource maps and photo presentations illustrating the projects' resources, trails and goals. • Effectively coordinated coveted Group 1 positioning for several City restoration and acquisition proposals. • Collaborated with City staff and OCTA to delineate the grant project implementation timeline related to the 1.5 million dollar restoration award. Page 2 HABITAT CONSERVATION FUND GRANT AWARD Summary: The State of California Habitat Conservation Fund grant program awards funds to successful applicants for a variety of resource-oriented projects, including trail improvement, restoration and watershed enhancement. The program is competitive, with only a small percentage of qualified applicants receiving funding. Average grant size is $ 50,000 - $ 250,000. Results: Derek Ostensen and Associates coordinated a successful grant award of $ 100,000 for improvement of public access/trails, restoration of habitat, and removal of invasive species in Trabuco Creek. The 7 acre project area is located in the riparian portion of the City's Shea/2C Ranch acquisition, near the Shea Therapeutic Riding Center, and features a popular public hiking, equestrian and walking trail with access via Oso Road. During the past quarter, Derek Ostensen and Associates continued close coordination with the State grantor and City staff to ensure fulfillment of the grant's requirements. Through effective planning and implementation, the Habitat Conservation Fund grant is expected to provide significant benefits to the Northwest Open Space and the many San Juan Capistrano residents who enjoy the area as a recreational trail and open space viewshed. The following specific benefits will be provided by this project for the City and its residents: • A large area of illegally-dumped construction debris will be removed from lower Trabuco Creek, resulting in substantially improved public trails and viewsheds. • A 7 acre site that is significantly overgrown with invasive arundo and tamarisk will be restored back to native habitat, creating better public trail access and enhanced natural resources for endangered Steelhead Trout, least Bell's vireo and a number of other sensitive species. • Interpretive and informational signage will be added to educate and guide the visiting public. At the direction of the City Council and City staff, Derek Ostensen and Associates also prepared three additional grant applications for the 2011 HCF funding cycle. If approved, these grant applications would provide San Juan Capistrano residents with substantial additional open space benefits. Notably, the grants would also offset City funding that has already been committed to these projects. The submitted projects comprised the following: Lemon Grove Trail-a $125,000 request to fund a new multi-use trail and bikeway which would greatly enhance public access through the recent Rancho Mission Viejo Riding Park acquisition. The grant request would also fund signage improvements, native landscaping and overall beautification of the trail. Page 3 Northwest Open Space Phase f Trail Improvements- a $100,000 request to fund trail improvements and educational signage throughout the Phase 1 Community Park project, including trail access to the community garden, Swanner House and Orchards, amphitheater and multi-use park area. Middle Trabuco Creek Restoration-a $100,000 request to fund trail improvements and habitat restoration on the southern portion of the Phase 1 Community Park project. The project would provide enhanced public viewsheds, trail access and open space buffers. Scope of Work Overview: Derek Ostensen and Associates worked closely with State and City staff to coordinate high-quality grant applications and effective follow-through. Preparation of more than 300 pages of grant application criteria responses, maps, photo illustrations, topography analysis and resource diagrams. • Close collaboration with State of California project officers to support an excellent grant application that adhered to precise scoring criteria. • Successful award of a$ 100,000 grant to the City from an application prepared by Derek Ostensen and Associates which State of CA staff referred to as "one of the best they had received.,, Worked with City staff to guide a State representative site tour of the proposed project sites in the Northwest Open Space. Identified additional potential grant application projects with the Open Space Planning Subcommittee, resulting in three grant applications which, if funded, will provide numerous benefits to City residents. CALTRANS GRANT FUNDING AWARD Summary: Derek Ostensen and Associates coordinated another key grant funding success in the Spring quarter with a $ 150,000 Caltrans award towards the City's efforts in the Northwest Open Space. The funds are an excellent complement to the Measure Mand HCF grants and will further enhance public trails, open space viewsheds and natural resources in the Northwest Open Space. Award of these funds entailed complex negotiations with Caltrans staff and detailed analysis of the eligible project use for the funds within the Northwest Open Space. In addition to coordinating the funds, Derek Ostensen and Associates worked closely with City staff to process wildlife agency permits needed for provision of funds, including US Fish and Wildlife, CA Department of Fish and Game, San Diego Regional Water Quality Control Board and US Army Corps of Engineers approvals. Page 4 Results: During the past quarter, Derek Ostensen and Associates has coordinated closely with Caltrans and City staff to complete the necessary cooperative agreement terms and restoration plans for the project area, culminating in final City Council approval in September 2010. Work on the project is expected to begin in Winter 2010. Scope of Work Overview: • Derek Ostensen and Associates identified the potential grant.opportunity through its contacts and presented it to City staff for consideration. • Worked closely with Caltrans and City staff to identify an appropriate project area for the funds that would benefit resources and the public. • Preparation of a detailed restoration plan for Lower Trabuco Creek, including, maps, topography analysis and natural resource diagrams. • Extensive review and modification of the proposed Cooperative Agreement between the City and Caltrans to ensure that it resulted in the targeted project benefits without undue burden on the City. • Successful award of the $ 150,000 grant to the City from Caltrans, following City staff and City Council review of the proposed project. • Collaboration with the governing wildlife agencies for the project and submittal of required regulatory permits to begin the project scope. • Worked with Caltrans to discuss potential future funding opportunities for the Northwest Open Space area, including trail and habitat projects. PROPOSITION 84: NATURE EDUCATION FACILITY GRANT Summary: The State of California Proposition 84 Nature Education Facility grant program offers approximately 93 million dollars in grant funds for the development of nature education facilities or improvement of existing facilities, including the addition of exhibits, structural enhancements or interior/exterior remodeling. Results: Derek Ostensen and Associates completed a 77 page grant application, including 20 pages of criteria analysis, for the Northwest Open Space Phase 1 Community Park. The application requested 4.7 million dollars for completion of the majority of Phase 1 improvements. A successful grant award would reduce the allocated City investment of 2.7 million dollars by approximately 80% to only a small fraction of the total project cost (mainly for amenities not eligible for NEF funding). Requested funding for the Northwest Open Space Phase 1 Community Park project would support construction of a Community Garden and Native Plant Demonstration Area, restoration of the Swanner House and Orchard into an educational amenity, construction of a Nature Education Amphitheater/Outdoor Page 5 Classroom, improvement of a Habitat Restoration area, construction of access roads and pedestrian paths and the inclusion of numerous interpretive signage elements. The project would be an impactful community amenity which would substantially benefit both the quality of life and nature education knowledge of City residents. During the past quarter, Derek Ostensen and Associates continued to coordinate with City staff and the City's lobbyists to implement an effective outreach plan to position the City as strongly as possible for award of funds. Scope of Work Overview: • Derek Ostensen and Associates worked closely with State and City staff to coordinate a high quality grant application and effective follow-through. • Preparation of more than 75 pages of grant application criteria responses, maps, photo illustrations, topography analysis and resource diagrams. • Close collaboration with State of California project officers to support an excellent grant application that adhered to precise scoring criteria. • Worked with City staff and City lobbyists to identify an outreach strategy and specific opportunities by which to advance the application. STATE COASTAL CONSERVANCY GRANTS Summary: The State of California Coastal Conservancy provides acquisition and restoration grants for projects within the coastal zone or projects that have a direct impact on the coastal zone. The Northwest Open Space fits into the latter category and its several acquisition and restoration projects are strong candidates for Coastal Conservancy funding, Results: Derek Ostensen and Associates has been working closely with the State of California Coastal Conservancy to pursue potential grant funding for the Northwest Open Space, including the possible Saddleback Valley Christian School acquisition and the adjacent Van Thof and Lorch acquisitions. The Saddleback Valley Christian School, Van Thof and Lorch acquisitions have been placed on the Coastal Conservancy list for potential funding within the next 1-2 years. Conservancy staff has indicated that funds may be available as early as February 2011. An appraisal of the properties and a willing seller(s) for proposed acquisition(s) is needed prior to grant submittal and review by the Coastal Conservancy. Page 6 Scope of Work Overview: • Derek Ostensen and Associates conducted several meetings with Conservancy staff to establish.San Juan Capistrano's valuable natural resources and to identify potential grant funding opportunities for the City. • Preparation of extensive supporting maps, photo illustrations, topography analysis and resource diagrams for Conservancy staff review. • Inclusion of San Juan Capistrano projects on the Conservancy's list of priority projects for potential grant funding within the next two years. • Review and assessment of grant application requirements and funding timelines for potential City acquisitions or restorations. • Several presentations to the Open Space Planning Subcommittee and Open Space Committee regarding the Coastal Conservancy grant funding process and needed next steps to proceed with a no-match request. .ADDITIONAL GRANT OPPORTUNITIES Due to the significant resource value of the City's open space, a number of State, Federal and private foundation grants are available for land acquisition, habitat restoration, trail improvement and public access. Many of these grant opportunities were identified in a previous report prepared and submitted by Derek Ostensen and Associates. As a result of the gradual improvement in the economic crisis, a number of these grants are receiving reallocation of funds for distribution. Derek Ostensen and Associates will continue to assess additional grant opportunities as they become available and will communicate with City staff to ensure that City projects which have a high likelihood of grant success are prepared and submitted for funding consideration. Qt"F • 1 914 500 302F''t Y F RSSR --Rd 1 Page 7 �rs�E�raY�'I'1 Py YS YAP] 'C2ryes Y:F Yrt f€nr. E--F.-.firer.vro+r� v 9 �,�vr.Ef Cln�ne-a<+,re f 9 1 Y COLLABORATION WITH CITY STAFF The past two quarters have demonstrated significant results from several prior months of grant application efforts, culminating in nearly two million dollars in grants for the City's open space effort obtained to date. Numerous additional pending grant applications may yield further results in coming months. Though the intent of this Quarterly Report, as requested by City Council, focuses primarily on the consultant efforts of Derek Ostensen and Associates, It is important to note that City staff has provided tremendous assistance and excellent collaboration throughout this effort. The recent grant awards could not have been possible without their invaluable assistance and teamwork. A great deal of credit for the recent grant awards and ongoing open space successes is deserved by numerous members of City staff, including but not limited to Bill Ramsey, Steve Apple, Grant Taylor, Cindy Russell, Joe Tait, David Contreras, Teri Delcamp, Chris Jacobs, Cathy Salcedo and Ayako Rauterkus, ENCLOSURES 1. Measure M Recommended Restorations Spreadsheet 2. HCF Award Letter 3, HCF Lemon Grove Cover Sheet and Summary 4. HCF NW Phase 1 Trail Improvements Coiner Sheet and Summary 5. HCF Middle Trabuco Creek Cover Sheet and Summary 6. Pending Grant Applications Status Spreadsheet Page 8 Restoration Proposals: Funding Recommendation The EOC will review and consider approval of the draft restoration funding guidelines, which outlines the monitoring and reporting criteria for the restoration projects, and the recommendation to approve six restoration projects for program funding. The guidelines and recommended properties will be presented to the OCTA Transportation 2020 Committee and Board of Directors for their approval in September 2010. The draft restoration funding guidelines outline the mitigation requirements for restoration including success criteria, species protection, restoration site preparation, maintenance and monitoring, and status reporting and documentation. Restoration project sponsors will need to submit a restoration plan to OCTA for review and approval prior to being-granted funding and commencing restoration activities. A total of 25 restoration proposals were evaluated and considered for the first round of funding that totals approximately $5.5 million. In conjunction with Caltrans and the wildlife agencies, which include the California Department of Fish and Game and United States Fish and Wildlife Service, all restoration proposals have been evaluated based on biological merits. The evaluation of these restoration properties resulted in four hierarchical groups. Group 1 restoration proposals typically possess the highest potential to support similar vegetative communities lost to freeway projects, restore habitat for species that are considered sensitive, and provide connectivity/contiguity opportunities. Group 2 restoration proposals typically possess good potential for the same criteria. Through preliminary discussions with the wildlife agencies, restoration proposals within the first two groups (11 total proposals) possess the necessary biological value that would enable OCTA to obtain mitigation assurances for the M2 freeway projects. EOC will consider the approval of six primary restoration projects and three secondary restoration projects for contingency purposes. September 1, 2010 EOC Meeting Page 9 Restoration Proposals: Funding Recommendation Fallowing the May 24, 2010 Board approval of the list of restoration projects, staff worked with Caltrans, CDFG, and USFWS to identify restoration projects that best fit the needs of the Mitigation Program. Of the 11 restoration projects from Groups 1 and 2, six restoration projects are recommended for funding, with four projects from Group 1 and two from Group 2. In addition to the primary group of six restoration projects identified for funding, it is recommended that three additional projects (two from Group 1 and one from Group 2) be included as contingency projects, should any of the projects fall out of contention from the primary group. Each project in the secondary group has a restoration cost similar to that of at least one of the primary group projects to facilitate simple replacement, if necessary, without the need for additional funds. The restoration projects were considered to focus on impacts which can be tied back to the 13 M2 freeway projects. Benefits to watersheds were considered to address the needs of the Regional Water Quality Control Boards (Santa Ana and San Diego) and the Army Corps of Engineers. In accordance to the project sponsors, the recommended restoration projects will be "shovel ready" by spring 2011. This timeline aligns with the anticipated availability of the first tranche of funding. In addition, the project sponsors have indicated they would have a complete project with independent utility if OCTA provides funding that is slightly different than the requested amount. The other restoration projects were not recommended for one or more of the following reasons: the project will not be ready to commence by spring 2011, the project scope is not clearly defined, the project requires further planning development and engineering, and/or the proposed restoration components are not considered as high priority as those of the primary group. The table below shows the primary and secondary groups of restoration projects recommended for funding as well as the biological justifications and the proposed September 1, 2010 EOC Meeting Page 10 Restoration Proposals: Funding Recommendation restoration cost for each project. The information below has been shared with the EOC members, Restoration Project Biological Justification Proposed Cost Big Bend Laguna Canyon Channel watershed; $87,500 Habitats: upland coastal sage scrub (CSS), riparian woodland City Parcel San Juan Creek watershed; Habitats: riparian, upland CSS, oak woodland and native grassland $1,500,000 Fairview Park Talbert Channel/Greenville Banning $2,000,000 a Watershed; Habitats: wetlands, native grassland, CSS, willow scrub, oak woodland Imperial/SR-91 Santa Ana River watershed; Habitats: $100,000 y Proposal (Pelanconi riparian sycamore/willow, upland native Parkplant communities Irvine Ranch Santa Ana River watershed; Habitats: $1,450,000 I Conservancy (Aqua chaparral, CSS, coast live oak/sycamore, Chinon and Bee Flat oak woodland, native grassland, riparian Canyon) UCI Ecological San Diego Creek watershed; Habitat: cactus $325,000 Reserve scrub Total for Primary GrouP $5,462,500 Chino Hills State Lower Santa Ana River watershed; Habitats: $2,000,000 Park CSS, cactus scrub, sycamore/willow riparian Irvine Ranch Santa Ana River watershed; Habitats: CSS, $1,500,000 Conservancy (Agua I oak woodland, native grassland, riparian Chinon and Loma Ride) C g o = Upper Buck Gully Los Trancos/Muddy Creek watershed; $350,000 4) ° Habitats: CSS, riparian corridor V Next Steps Upon approval of the draft requisition funding guidelines and the suite of restoration projects proposed for funding, staff will continue to move forward with the restoration process by requesting restoration plans from the primary group projects sponsors). Prior to the issuance of funds, project sponsors will be required to provide a complete restoration plan per the restoration funding guidelines, which will be reviewed and approved by OCTA, CDFG and USFWS, September 1, 2010 EOC Meeting Page 11 State of California,The Resources Agency Arnold Schwarzonegger,Governor DEPARTMENT of PARKS AND RECREATION m 0.0,Box 94206 a Sacramento,CA 94296-0001 Ruth Coloman,Director k: (916) 6538380 June 17, 2010RECEIVED Bill Ramsey JUNE 2 1 2010 AICP City of San Juan Capistrano, Comm. Svs COMMUNP DEVELOPMENT 32400 Paseo Adelanto San.Juan Capistrano CA, 92675 Re: Northwest Open Space Habitat Restoration Program $ 100,000 Dear Bill Ramsey, The Office of Grants and Local Services (OGALS) has completed the application review process for the Habitat Conservation Fund (HCl;) Program. We are pleased to inform you that the project identified above has been selected for funding, subject to the availability of State funds and appropriation by the Legislature. Congratulations! As a HCI~ grant recipient, you or another representative from your agency must attend a 2010 HCF Grant Administration workshop to learn more about the HCF contract and grant administration process. Workshop attendance is mandatory prior to receiving a grant contract. More information about these workshops will be forthcoming. The HCF Program requires the Legislature to appropriate the program funds each year in the annual state budget. The State's fiscal year begins July 1 of each year. However, legislative action may occur after July 1, Because HCF projects are subject to the availability of State funds, you should not begin your project until the funds have been appropriated and you receive a fully executed contract. OGALS will initiate a contract and send it to you for your signature after the state budget is enacted and mandatory workshop attendance has occurred. In the meantime, if you have any questions about your project or the HCF Program, please contact your project officer, Luan Aubin, by phone at (916) 651-8573, or by email at.laubi@parks.ca.gov. Additional grant program information is available on OGALS website at http://www.parks.ca.gov/grans and by using the links to "Annual and Specified Programs" and then "Habitat Conservation Fund Program". Congratulations again on your successful application! We look forward to working with you to deliver quality recreation opportunities for your constituents. Sr1 c�rely, e r� k I�Itchell Deputy Director cc: Project file Page 12 {y1 I { - y S�yd �fff - I � I F f f co CD F OF 1} } � A Y E, Y i' t IM t+ Mt4 Project Summary I Eastern Open Space Multi-Use Trail and Bikeway The proposed trail project is located in San Juan Capistrano, Orange County, and comprises a portion of a 128 acre property that was acquired by the City in 2009. The City purchased the property with funds from a City open space bond passed by City voters in 2008. Acquisition of the property permanently preserved a crucial open space and potential trail area for the public and prevented the development of more than 400 homes,commercial buildings and retail centers. The City expended its remaining open space funds on the purchase and preservation of the property and has since been unable to improve the property with urgently needed trail connections, habitat restoration and public amenities. The proposed project would create a new multi-use trail and bikeway that would allow the public to access the property's open space and also connect to several key regional trails that link to the property. Hikers, walkers,equestrian riders, bikers and nature-watchers have requested the proposed trail project for more than two decades;however, it was unable to be pursued until the property was purchased by the City from the private landowner that has controlled it for more than 100 years. The project would greatly enhance the public's ability to access thousands of acres of adjoining wilderness preserves and trails and would substantially educate the public about the area's sensitive natural resources through the use of dynamic interpretive signage. The proposed project would also result in numerous environmental benefits, including the creation of a large native habitat buffer and improvement of a regionally critical wildlife linkage connecting Orange County's Central-Coastal and Southern NCCP/HCP. Page 14 Habitat Conservation Fund Grant Program California State Parks City of San Juan Capistrano Eastern Open Space - Multi-Use Trail and Bikeway Improvements September 2010 Site Plan F f �0 -'VutureOrj,0q',d�.CoQun TmiXbrIF66tioF W,4 ,�Futbre!&Orange County • Trail Connection A. W 4 ' 4i ,All % Proposed Class j. Regional'Bikew N. W4. Me* Pro osed Multi-Use Trail 4Y co Exisitinq Di Trail Connectidn .X. Future Trail Connection 0 150 300 0 _j Feet Page 15 " I �I Habitat Conservation Fund Grant Application I Northwest Open San Juan Capistrano, • ` t •��'• Ctlttlflq lwiflNllYO)15B �.� fGnreU•'A Wr:rf Tankl J _ y � tkS FtKNtjY a+q f r✓. t y �;..� P - .y4r+Q Idin 1'r•, S �:." +,rggSIMe1 •.' �� Propo 1� 1 di rowp P�cnc� (- 1 i Project Summary I Northwest Open Space Phase I interpretive Trail The Northwest Open.Space Phase 1 Interpretive Trail project in San Juan Capistrano, California,seeks to create a new trail to provide public access to a City-funded, 13.5 acre Community Park and Nature Center planned to begin construction in 2011. The requested HCF grant for the project is only a small portion of the overall 2.7 million dollars in City funding allocated for the project,but would represent a meaningful partnership with a third party funding source for a project that is strongly consistent with the intent of the HCF program.The proposed trail would provide primary access to the project's numerous community amenities and would provide trail connections to more than 1,000 acres of passive wilderness that surrounds the Community Park and Nature Center project. The project is located within an ecologically vital area of South Orange County featuring numerous sensitive species,two perennial creeks,a critical wildlife corridor,and a significant area of contiguous,permanently preserved open space. The proposed trail would provide public access to several major amenities for the project which foster a well-rounded balance between nature education,community interaction and recreation for all ages and backgrounds.The Community Garden and Native Plant Demonstration Area will offer learning opportunities to explore the significance of native plants,healthy nutrition and the benefits of growing your own vegetables. The Historic Swanner House and Orchard features exhibits that promote an understanding of the City's Native American inhabitants,natural resources,and agricultural history,including a dynamic outdoor education experience in' one of Orange County's last remaining orange groves. Adjacent to the Swanner House,a Nature Education Amphitheater will act as an outdoor classroom for educational programs serving all ages. A contiguous Habitat Restoration and Wildlife Corridor,will be improved with interpretive exhibits,tours and low-impact hands- on programs. Throughout the site,additional nature education displays and amenities will provide a vibrant interpretive experience,including exhibits reflecting the sustainable design of the project,natural resource challenges/solutions and opportunities for snaking a positive environmental difference beyond the project's boundaries,in one's own life. Page 17 Habitat Conservation Fund Grant Program California State Parks City of San Juan Capistrano Northwest Open Space -Trail Improvements September 2010 Site Plan 1 �i vyy n rH Existing Swan e Ouse (Gareg a&WalerTank) c . _ 5 r' 1 opos Proposed. sk S A96ess oa ProposecJ: ' ' \\\ Comrpunity Proposed, �' + lRestroom l v 0r`ire ` Proposed y I Compost SfSCRI Propose I D.G,S Urfa i` — �� 'Barking Lot 1 I f Proposed �' - �I Group'picnlc• - Area •- ,ftGoN i Proposed > Restroom %`•., Building Existing Water — Well Pump Shed 0 75 150 I I I Feet Page 18 N f it S ! « S z R! � r y T or a ;fir WS < / i IN i /3n Chi I f 4 l i tart rFs� i �3 �z l�f ES'r� � ��/1�.. ;��Sj1 � ;� f{I2i Fs t/•+� f�X X b l !r 5 {R� /t a y z< Project Summary I :Middle Tra uco Creek Habitat Restoration The proposed riparian restoration and enhancement project is located in San Juan Capistrano,Orange County,within x.1,000 acre habitat preserve and passive recreation area known as the Northwest Open Space. The proposed project would remove a large number of invasive species from a S acre portion of a critical riparian habitat area and wildlife linkage and would revegetate the project site with native riparian species.This riparian corridor supports a diverse, multi-storied range of habitat and wildlife species and is one of the City's most sensitive and ecologically valuable areas. In addition.,the site comprises the geographical center point of a locally and regionally critical wildlife linkage connecting Orange County's Central and Coastal NCCP wilderness preserves.To the east,these preserves include the Cleveland National Forest,O'neill Regional Park and the Ladera Ranch Conservancy.To the west,these preserves include AIiso and Wood Canyons Wilderness Park,Laguna Coast Wilderness Park and Crystal Cove State Park.In total,the proposed restoration site comprises a key portion of a linkage that connects over 100,000 acres of public wilderness preserves, thereby providing crucial connectivity for public access and species biodiversity. The project will also ensure better public access to this area by removing large stands of invasives that presently block trail access through this passive recreation area in certain locations.In addition to its significant ecological benefits,the proposed project serves a broad range of socio-economic families and individuals and is readily accessible via several trailheads,including one in close proximity to the proposed project site. Page 20 Habitat Conservation Fund Grant Program California State Parks City of San Juan Capistrano Northwest Open Space - Middle Trabuco Creek Habitat Restoration September 2010 Site Plan %.' , T - ypp 1 rti.4 4 . f PI nt with Native California RipgrianVegetation nw. S Z�A }` v TA �c r oC1. "• A ' ,, WV t r s �► "� �l Increase tensity/Cover of Riparian Area x, i CITY OPEN SPACE Plant with Native California ' '� RiparianlVegetation Ile + .. > .31 �c ; 9 tS .�- .. +Y• �., ��"� fir` �hxi 0 75 150 Feet City of Sari Juan Capistrano-Open Space Funding/Grant Status _..._.._�— ......... .... _ Atop- b Max.Funding$ Req,Match Deadline Grant Project Description J. Ci Request$ CitV Match /late filed Award Decision Current Status Next Ste 2007 Measure M (M2) Fund the acquisition of i none 0% 7-13-2009 EOC: 10-2010 Proposed properties Awaiting final OCTA Mitigation Program- certain open spacesubmitted aloe with decision. Acquisition(OCTA) parcels alongt.b.d. $0 2420:t.b.d. g � the Board: t.b.d. support letters& ;i i Trabuco Creek Corridor. booklet. j 2007 Measure M (M2) Fund the restoration of none 0%z 7-13-2009 -:EOC:9-1-2010 Project area(s) FOC has recommended Mitigation Program- certain open space $1,500,000 $0 z 2420:t.b.d. submitted along with funding of$1.5 million. Restoration(OCTA) parcels along the support letters& Awaiting final OCTA Trabuco Creek Corridor. Board: t.b.d. booklet. Board decision. 12009 Habitat Conservation Fund restoration of about none 50% 10-1-2009 Approved by Awaiting OGALS Attend grant contract 8 Fund Program(CA Parks) 7 acres of Oso Creek $200,000 $100,000 OGALS: 05-2010 scheduling of grant auditing workshop riparian habitat. 10-1-2009 workshops. 2010 Statewide Park Northwest Open Space $5,000,000 0% 3-1-2010 pending pending pending Grant(Prop 84)(CA Phase 1 improvements.Parks) $3,980,1)00 $0 3-1-2010 € i 2010 Statewide Park SJC Sports Park"skate $5,000,000 0% 3-1-2010 :pending pending pending Grant(Prop 84)(CA park"and community $4,431,368 $0 3-1-2010 Parks) gardens. I 2010 Statewide Park Stonetieid athletic field $5,000,000 0% 3-1-2010 _ pending pending pending i Grant(Prop 84)(CA rehabilitation and $250,000 $0 3-1-2010 Parks) accessory improvements. 2010 Caltrans Cooperative Fuad restoration of 1.25 n.a. n.a. n.a. Execution of the Scheduled for City City Council approval of Agreement acres of riparianhabitat $150,000, n.a. n.a. coop.agreement Council review on 9- an amended cooperative along.Trabuco Creek € 21-2010, agreement below the Oso Creek confluence. 2010 Statewide Nature Blas Aguilar Adobe $7,000,000 0°la 7-1-2010 pending ^^ pending pending Education Facilities(NEF) rehabilitation. $498,434 $0 6-30-2010 Grant(Prop 84)(CA i Parks) I 2010 Statewide Nature Los Rios Community $7,000,000 0% 7-1-2010 pending pending pending Education Facilities(NEF) Park, Phase 2 $1,548,120 $0 6-30-2010 Grant(Prop 84)(CA improvements. Parks) Page 22 App. Max.Funding$ Req. Match% Deadline Grant Project Description City Request$ cityMatch$ bate filed Award Decision Current Status Next Ste � 2010 Statewide Nature Northwest Open Space, $7,000,000 $0 7-1-2010 pending pending - pending Education Facilities(NEF) Phase 1,community $4.763,402 $0 6-30-2010 Grant{Prop 84)(CA garden and Swanner Parks) property improvements. 2010 Statewide Nature SJC Community Park- $7,000,000 $0 7-1-2010 pending pending pending _^ Education Facilities(NEF) community garden $998,857 $0 6.30-2010 Grant(Prop 84)(CA improvements Parks) 2010 Habitat Conservation Phase 1, Lower Trabuco t.bA 0% 10-1-2010 I t.b.d. Pending formal City Preparation&submission Fund Program(CA Paries) Creek Trail Restoration; $0 $0 pending Council initiation on of grant applications. Phase 1 Interpretive 9-7-2010. Walk Signage and Exhibits;and City-Wide Trail Improvements& I Signage, 2010 Measure M (M2) To be determined. none 0% pending EOG:t.b.d. pending pending ECAP Mitigation Program t.b.d. $0 2020:Lb.d. [ (OCTA) Board: t.b.d. California Coastal t.b.d. t.b.d. t.bA. t.b.d. pending pending pending I' Conservancy(CA Parks) _ Prop 50 River Parkways none at this time. Lb.dl t.b.d_ t.b.d, pending pending pending Grant(CA Parks) Open Rivers Initiative: none at this time. n.a- 1:1 1111612010 pending pending pending Habitat Conservation n a Grant(NOAH) Footnotes: The City-requested funding will be determined by the appraisal of the property(portion of Saddleback Valley Christian School) being considered for acquisition,. 2 Although the OCTA M2 Mitigation Program does not require a match, the City has offered to match 25% up to a maximum of$500,000. 3 The$150:000 amount has been offered by Caltrans to the City to restore 1.25 acres of riparian habitat. Page 23 ADMINISTRATIVE ITEMS: G1. CITY MANAGER STAFF DIRECTED TO BRING BACK TO COUNCIL A PROPOSAL FOR FEDERAL GOVERNMENT ADVOCACY CUSTOMIZED FOR THE CITY WITH TOWNSEND PUBLIC AFFAIRS, INC. (600.30) Cindy Russell, Assistant City manager, responded to questions. Public Comment: ■ Chris Townsend and Heather Dion, Townsend Public Affairs, Inc., provided and overview of their scope of work on current projects and responded to questions from the City Council. Council Comment: ■ Content with services provided by Townsend Public Affairs, Inc. ■ Should look into receiving a proposal for customized federal advocacy services from Townsend Public Affairs, Inc. ■ Concern with lack of communication from Patton Boggs, G2. COMMUNITY DEVELOPMENT DIRECTOR a. STATUS REPORT OF THE CITY'S CONTRACT WITH DEREK OSTENSEN & ASSOCIATES FOR GRANT WRITING AND OPEN SPACE CONSERVATION SERVICES, RECEIVED.AND FILED (600.30) William Ramsey, Principal Planner, responded to questions. Public Comment: ■ Heather Dion, Townsend Public Affairs, Inc., provided clarifications regarding Proposition 84 Grant Program applications. Council Comment: ■ Preference in increasing the compensation amount of the contract. ■ City should look into funding a position though grant applications for an Open Space Manager. ■ Staff to bring Contract back to Council together with Townsend Public Affairs proposal. G3. PUBLIC WORKS DIRECTOR a. MEMORANDUM OF UNDERSTANDING WITH ORANGE COUNTY TRANSPORTATION AUTHORITY TO SUPPORT AND DEVELOP RAILROAD- RELATED IMPROVEMENTS, APPROVED (600.50) Nasser Abbaszadeh, responded to questions. 7 1/5/2010 115/2010 MEMORANDUM Gla TO: Joe Tait, City Manager °'" FROM: Steven Apple, AICP, Community Development Director SUBJECT: Consideration of the Status of the City's Contract with Derek Ostensen & Associates for Grant Writing and Open Space Conservation Services Related to the City's Open Space Acquisition and Restoration Efforts. RECOMMENDATION Receive and file. SITUATION On September 1, 2009, City Council approved a contract with Derek Ostensen & Associates for grant writing and open space conservation services related to the City's open space acquisition and restoration efforts. Since July 1, 2009, the Community Development Department has been responsible for managing the City's professional services contract with Derek Ostensen &Associates. The City Council recently requested that the existing contracts with the City's consulting firms that provide open space and lobbying services be agendized for City Council review and discussion. BACKGROUND Derek Ostensen & Associates was retained for the primary purpose of identifying grant opportunities which the City could use to assist with open space acquisition and park improvement funding, and preparing grant applications and advising the City on pursuing successful strategies for securing approval of grants, especially Measure M. A summary of the main grant funding sources being considered include: 1. Renewed Measure M (M2) Mitigation and Resource Protection Program Grants (Orange County Transportation Authority). 2. Habitat Conservation Fund Program Grant (State of California). I Proposition 84 Grant Program, Statewide Park Development and Community Revitalization Program of 2008 (California) 4. Endangered Species Act (ESA) Section 6 Grants (United State Fish & Wildlife Service (USFWS). A brief overview of these grant programs is provided as follows: Agenda Report Page 2 December 15, 2009 Measure M In November 2006, Orange County voters approved a Renewal Measure M Y2 cent sales tax for funding transportation improvements projects which will raise $11.9 billion over the thirty years life of the program. In 2008, OCTA allocated $243.5 million to mitigate the environmental impacts of freeway improvements through the Mitigation and Resource Protection Program (MRPP) and allocated $237.2 million. OCTA's Environmental Oversight Committee (EOC) is now completing the details on implementation of the Mitigation and Resource Protection Program (MRPP) and how the $243.5 million will be spent for environmental mitigation and recently, recommended that the OCTA board use 20% of MRPP funds be designated for open space and habitat restoration and 80% be designated for open space acquisition. These funds will be awarded through a competitive grant process. Habitat Conservation Fund Pro ram Under the California Wildlife Protection Act of 1990 (Proposition 117), the State of California Habitat Conservation Fund (HCF) Program allocates approximately $2 million per year to the California Department of Parks and Recreation for grants to cities, counties, and districts to protect fish, wildlife, and native plant resources, to acquire or develop wildlife corridors and trails, and to provide for nature interpretation and other programs which bring urban residents into park and wildlife areas. The HCF Program sunsets in FY 2019/2020. Proposition.. 84 Grant Pro ram Statewide Park Development and Community Revitalization Program of 2008 California The Proposition 84 Parks Grant Program is competitive grant program created by State Assembly Bill 31. The Program is being initially implemented through two rounds awarding a total of $368 million to critically underserved communities throughout California. As of July 1, 2009, the State's FY2009/2010 Budget appropriates $184 million for the first competitive round. The application deadline for the first round of grant application requests is March 1, 2010. The Open Space Committee's Planning Sub-committee and the Open Space Committee (OSC) have made recommendations to the City Council for the submission of parks and recreation projects to the State for consideration of Proposition 84 Grant funding. Section 6 The Cooperative Endangered Species Conservation Fund (Section 6 of the Endangered Species Act) provides funding to States and Territories for species and habitat conservation actions on non-Federal lands. States and Territories must contribute a minimum non-Federal match of 25% for the estimated program costs of approved projects, or 10%when two or more States or Territories implement a joint project. A State or Territory must currently have, or enter into a cooperative agreement with the U.S. Fish and Wildlife Service (Service) to receive grant funds. Agenda Report Page 3 December 15, 2009 CONSULTANT WORK-TO-DATE Renewed Measure M M2 Mitigation and Resource Protection Program Grants (Orange County Transportation Authority). • Secured revisions to the OCTA "Green Map" to include City-owned open space properties so that they may be eligible for potential Measure M grant funding. • Attended periodic meetings with OCTA staff and Conservation Biology Institute (CBI) members to monitor the grant program and City's grant request. • Prepared and presented additional supporting documentation to Orange County Transportation Authority (OCTA) staff. • Prepared and delivered presentations to OCTA staff and the Environmental Oversight Committee (EOC). Habitat Conservation Fund Program Grant (State of California). • Reviewed and evaluated the Habitat Conservation Fund Program grant guidelines to determine grant eligibility and determined that City-owned open space lands would be eligible for funding consideration. • Attended and presented to the Open Space Committee (OSC) and City Council on recommendations to pursue HCF grant funding. • Prepared and submitted a complete Habitat Conservation Fund Program grant application to the State of California for riparian habitat restoration of a portion of the Shea property. Proposition 84 Grant Program, Statewide Park Development and Community Revitalization Program of 2008 (California) • Attended State of California conducted public workshop on the Proposition 84 Grant Guidelines. • Prepared a preliminary evaluation of City open space and parks projects to determine their potential funding eligibility under this grant program. • Provided recommendations to the staff on open space and parks projects to determine their potential funding eligibility under this grant program. Endangered ed Species Act (ESA) Section 6 Grants (United State Fish & Wildlife Service (USFWS). • Evaluated the funding potential of this program and determined that certain open space lands, especially riparian corridors, are eligible for grant application consideration. FINANCIAL CONSIDERATIONS The City's current contract with Derek Ostensen & Associates is for a maximum not-to- exceed contract amount of $25,000. Agenda Report Page 4 December 15 2009 PUBLIC NOTIFICATION Public notification is provided through posting of the meeting agenda. RECOMMENDATION Receive and file. Respectfully sub itted, Prepared-by, Steven A. Ap 16,'A CP William AyRamsey, AICP Community Development Director Principal Planner Attachment 1. Executed Professional Services Agreement with Derek Ostensen & Associates. PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of September 2009, by and between the City of San Juan Capistrano (hereinafter referred to as the"City")and Derek Ostensen (hereinafter referred to as the"Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to assist the City with the grant funding process and associated activities related to the acquisition, management, conservation and/or preservation of open space lands in the City of San Juan Capistrano; and WHEREAS, Consultant is qualified by virtue of experience,training, education and expertise to accomplish such services, NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of. tVork. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit'A" attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term, This Agreement shall commence on the effective date of this Agreement and services required hereunder shall continue until notified that said services are no longer required, subject to 15 days notice of termination, Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $24,985 (twenty-four thousand, nine-hundred, and eighty-five dollars and no cents), as set forth in Exhibit "B," attached hereto and incorporated herein by reference. 1 ATTACHMENT 1 3.2 Method of Payment. Subject to Section 3,1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses, Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prier to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City,the Parties hereto shall execute an addendum to this Agreement setting Birth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site, By executing this Agreement, Consultant warrants that: (1) it has investigated time work to be performed; (2) if applicable, it has investigated time work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or 2 unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not prciceed with furtherroik under this Agreement until written instructions are received from the City, Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with-Law; E-Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government, 9.2. E-Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Consultant shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at http://www.uscis.gov, or access the registration page at htt s://www..vis-dhs.com/em to erre isc _tration. Consultant shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion'of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. 3 Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without priorwritten consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. tndemni To the fullest extent permitted by law, Consultant agrees to protect, defend, and held harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Bust's wide Rating of A- Class VII or better. 14.1 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one-half million dollars per occurrence ($500,000,00). 4 14.2 Worker's Gra pen.satio . If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.3 Notice of Cance llationlTermination of Insurance. The above policylpolicies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty(30)days'written notice is given to City,except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.4 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.5 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed"verifying that Consultant has complied with all insurance requirements of this Agreement, Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not curd the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City; City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: William A. Ramsey, AICD, Principal Planner 5 To Consultant: Derek Ostensen Derek Ostensen & Associates 1278 Glenneyre, Suite 260 Laguna Beach, CA 92651 Section 17, Attorneys" Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys'fees, costs and necessary disbursements in addition to any other relief to which he may be entitled, Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO .41 By. oe T t, Interim City Manager CONSULTANT Derek Oso sen Derek Ostensen & Associates A E APPROVED AS TO FORM: C W.4(� nw 411e� City Attorney 7 EXHIBIT"A" SCOPE OF WORK for City of San Juan Capistrano Open Space Master Plan Grant Writing;and Conservation Planning Services 1. Identify, Coordinate and Apply for Third Party Grant Funds Rate -S95 per hour a. Consultant will assist the City and its lobbyists with identifying all appropriate funding sources from. local, State and Federal sources For the purposes of acquiring, preserving, managing and/or conserving open space lands within the City of San Juan Capistrano, b. Consultant will provide guidance and recommendations to City staff, City Council, the Open Space Committee and its Subcommittees, as requested/directed by City staff, to determine potential projects for grant funding, including lands suitable or prioritized for acquisition or restoration. c, As directed by City staff, and in coordination with the City's open space lobbyists, Consultant will identify potential grant funding sources, prepare grant application materials and submittals, and be responsible for the timely submission of grant applications to grant funding;organizations/agencies. d. Consultant will arrange and attend pre-application (grant) meetings and materials to obtain agency staff support of funds endorsement of City open space projects so as to obtain grant monies for targeted City acquisitions or restorations. e. Consultant will prepare Measure M funding applications, including coordination with the Measure M Environmental Oversight Committee, OCTA staff and City staff. f. As determined necessary and as directed by the City on a case-by-case basis, Consultant will prepare marketing.materials for potential open space habitat restoration plans or open span; land easement/acquisitions so as to attract additional grant funding opportunities and/or public support. g. As requested by the City on a case-by-case basis, Consultant will review proposed development plans for open space projects and identify potential and/or ongoing grant funding opportunities for acquisitions and/or restorations associated with such.projects. . As requested by City staff, Consultant will attend periodic Open Space Committee, OSC Planning Subcommittee, and City Council meetings to provide status reports on consultant work. 2. Assist with the Development of Restoration, Acquisition, and/or Ilseli management Plaits for Acquired City Open Space Lan!s. ... Rate-$95 hour As determined necessary and directed by the City staff, Consultant will work with City staff' and the Open Space Committee to create open space restoration and acquisition plans, identify potential funding; sources, and help coordinate restoration or enhancement of open space properties identified by the City. The focus of such efforts will be on developing restoration, acquisition, and use management plans that meet local, State or Federal grant funding criteria. pale 2 of 5 EXHIBIT='B" SCOPE OF'VVO DEEIVEIUBLES.. for City of San Juan Capistrano Open Space Master Plan Grant Writing and.Conservation Planning Services Potential Third Party Grant Applications As directed by City staff with guidance from City Council and the Open Space Committee, Consultant will coordinate with the City, and prepare and submit grant application materials and submittals for appropriate grant funds, including but not necessarily limited to the following potential grants opportunities: Grant Deadline Habitat Conservation Fund October, 2049 Open Rivers Initiative October, 2009 River Parkways November, 2009 Measure M December, 2010 Five Star Restoration Program February, 2010 American Rivers Restoration March, 2410 Orange County Community Foundation March, 2010 Steelhead Fishery Restoration May,2010 ,Section 6 Endangered. Species June, 2010 Land and Water Conservation Funds June, 2010 Coastal Conservancy Programs Quarterly Wildlife Conservation Board Programs Quarterly Storm Water Pollution Program Quarterly Consultant will be responsible for developing a schedule for the preparation of draft grant applications and meeting all milestones with respect to preparing and submitting the draft grant application, scheduling grant submissions for Open Space Committee recommendation and City Council action, and submitting the complete grant applications to the appropriate organ ization/age:ney prior to the grant deadline, Grant Solicitation Marketing Materials At the direction of City staff, and prior to making formal grant applications, Consultant will prepare preliminary information booklets, which include representative photos, text descriptions and maps,valued by potential grantors as a way for grantors to learn more about potential funding opportunities involving San Juan Capistrano open space, Once specific acquisitions and/or restorations are approved by the City Council, delivery of each marketing booklet will take approximately two weeks. page 3 of Community Support A key component of successfully attracting third party grant funds is obtaining additional public and non-profit endorsement of the application. The following entities would be appropriate sources of endorsement for City of Sari .Tuan Capistrano restorations and acquisitions. Entity Delivery of Letter San Juan Open.Space Foundation November, 2009 County of Orange November, 2009 Laguna Canyon Foundation November, 2009 Nature Reserve of Orange County November, 2009 Irvine Ranch. Conservancy November, 2009 The Nature Conservancy November,2009 Sea and Sage Audubon November,2009 Laguna Greenbelt November, 2009 Trout Unlimited November,2009 The Great lark Corporation November, 2009 City of Laguna Niguel november, 2009 City of Ladera Ranch November,-2009 City of Mission Viejo November, 2009 Consultant will meet with the Boards; Executive Directors and staff of the above groups to educate them on the benefits of San Juan Capistra o's conservation plans and solicit their endorsement, which is crucial to open space grant applications, including Measure M. (note: Irvine Ranch Conservaney's Marketing Booklet for their Measure M submission included over 10 of these endorsement letters which are a major component of their application). Budget Ta k Hours Rate Budget Measure M Application 130 $95.00 $12,350 Additional Grant Applications 60 $95.00 $5,700 Community Support 16 $95.00 $1,520 Co4nanitte�Meetings 22 $95,00 $2,090 Marketing Materials 25 $95.00 $2,375 Restoration and Acquisition Flans 10 $95,00 $950 262 Tota! $24,985 page 4 of 5 STATEMENT OF OFFER/TERMS OF AGREEMENT All work described in this proposal will be performed :for an estimated not-to-exceed budget of $24,985. This offer is valid for a period of sixty (60) days. These costs are based upon the assumptions made on the scope of work for the project. l will perform no work that is outside the approved scope-of-work (SOW) without prior written authorization. Derek Ostensen, Principal, is the individual authorized to bind the offer made above. Offer Presented By; Derek Ostensen, Derek Ostensen& Associates page 5 of 5 r MEMORANDUM X 4 w 1 } :A',UF-`f`nd i'vi 1 DEREK OSTENSEN AND ASSOCIATES To: SJC Open pace Committee Frorn: Derek Cstensen, Consultant Date: December 22, 2009 EXECUTIVE M MAR The Measure M Environmental Oversight Committee recently released their 26 top priority acquisitions out of more than 100 properties submitted for funding consideration. I am pleased to inform you that five San Juan Capistrano acquisitions were included as high priority acquisitions for Measure M funding, representing 20% of the total properties on the short list. Inclusion on the "high priority acquisitions list" culminates many months of effort to communicate the valuable biological resources and regional importance of the Northwest Open Space to the array of scientists, OCTA staff, environmental leaders and politicians overseeing the Measure M process. This effort entailed the extensive preparation of detailed maps, data sets, biological analyses and funding criteria responses. A number of other acquisitions submitted for consideration did not make the priority acquisition list, including 27 high-resource-value habitat acquisitions in Laguna Beach and more than 50 other proposed acquisitions in nearby cities, including Mission Viejo, Lake Forest and San Clemente. I am very pleased that we have realized this important goal in the Measure M process, especially considering the significant competition the City has faced, and I thank each of you for your immense contributions to the Measure M and overall City open space effort. At this point, I feel cautiously optimistic that the City will obtain Measure M funding, though there are no guarantees. The larger question is whether the City would obtain funding in the first or second allocation of funds, which are in 2010 and 2011 respectively. Each allocation is 30 million dollars, totaling 60 million dollars in the first and second years. If the City obtains funding in the first tranche, escrow(s) would likely close in late summer or fall, 2010: If the City obtains funding in the second tranche, escrow(s) would likely close in winter or spring, 2011. The Measure M committee will decide who receives first tranche funding in approximately February 2010. It has been the City's primary goal to be included in the first tranche, however, if for some reason it is not, the City stands a very high likelihood of second tranche funding. A number of people have asked about the other properties included in the short list of 26 high priority acquisitions and how the City's proposed acquisitions compare to them competitively. In general, the City's proposed acquisitions are highly competitive and stand an excellent chance of receiving Measure M funds. They do, however, face a few disadvantages that are important to note. The primary disadvantage the City has had throughout the Measure M process is that, prior to its involvement in seeking Measure M funds, there were a number of large Trabuco Canyon (near Cook's Corner at the end of El Toro Road) landowners that were actively seeking funding for projects which, if not acquired for conservation, would entail large residential developments in the center of critical habitat and several major wildlife corridors. Many of these projects had already received, or were in the process of receiving, entitlements for development of their land, which created an imminent habitat threat and thereby increased public and agency support for their conservation acquisition. This fact, in addition to their early advocacy for Measure M funds well before San Juan Capistrano entered the process, has given these landowners a strong competitive position for first tranche funding in 2010. It is likely that several of these Trabuco Canyon projects will receive first tranche Measure M funding; however, due to the significant cost of the projects and their singular location in only one area of County-wide Measure M conservation priorities, it is.unknown just how much funding they will receive. Furthermore, a few very large, very expensive projects such as the Ferber Ranch property have not yet been appraised or obtained willing sellers. Being that the Measure M committee will be closely examining cost vs. benefit for their funding, it is unknown if such properties that require a disproportionately large acquisition price will be able to secure what would certainly be a major portion of Measure M funds. Accordingly, a key question for San Juan Capistrano in this process is, "How much of Measure M's first tranche will Trabuco Canyon projects receive?" Irrespective of Trabuco Canyon's early advantage in the process, the City has strongly advocated the extremely high resource values and regional ecological importance of San Juan Capistrano's proposed Measure M acquisitions. Through numerous site tours, habitat analyses, Measure M presentations and criteria reviews for each property, the City has made immense progress in positioning San Juan Capistrano for funding, most acutely illustrated by its recent inclusion on the high priority acquisitions list. The City has advocated the case, supported by strong science, that San Juan Capistrano is at least on par with Trabuco Canyon and in many cases superior when one considers the following: • It is the only functioning wildlife and habitat linkage to the isolated San Joaquin Hills. If any of the proposed acquisitions are developed, the Trabuco Creek Linkage may be irreparably damaged. • It features one of the only County-wide occurrences of endangered Steelhead Trout. • It supports numerous occurrences of endangered gnatcatcher and provides a major linkage between two County-mapped Areas of Critical Gnatcatcher Habitat, • It features large acreages of riparian habitat, a high priority habitat type for Measure M that most other proposed.acquisitions do not support. • Unlike virtually every other Measure M acquisition, San Juan Capistrano acquisitions have a committed, experienced land manager (the City) with an excellent track record of open space management and dedicated local open space funds. • Measure M investment would be considerably leveraged by the numerous other conservation initiatives being undertaken in the City, including habitat restoration, improved trail signage and erosion control, offering "more bang for the Measure M buck." Through the City's efforts, it has established that the proposed San Juan Capistrano acquisitions are critically important to Measure M conservation goals and that they score well in each of the required biological and non-biological criteria. I am confident that the City has advanced a well-substantiated argument for funding and, through both scientific and political outreach efforts, it has brought the City's proposed acquisitions to a highly competitive position. In late January, Measure M will provide further notice of the committee's final evaluation of biological criteria and how each of the City's proposed acquisitions scored in that assessment. There is not a great deal the City can do to influence that process beyond the plethora of data it has already submitted; the nature of the land and its existing habitat must speak for itself at this point in comparison to other proposed acquisitions. Properties will be scored according to their biological value as "high," "medium," or "law" and a further shortened list of properties will be forwarded on to the appraisal and due diligence process. It is certainly the City's goal to be on that list and to thereby further progress towards first tranche funding and preservation of the critical Trabuco Creek Linkage. 11512010 DEREK OSTENSEN AND ASSOCIATES 3 .. ..:- ,F3 Qd:q.,\.e Following a challenging year in grant funding in which many State and Federal grant programs were temporarily frozen due to the economic crisis, recent months have featured the restart of several grant programs relevant to San Juan Capistrano. Derek Ostensen and Associates has advised the City of appropriate grant opportunities and has worked closely with Community Development staff to assess compatible projects and to prepare grant applications. Grant efforts for each potential funding source are detailed below. In addition to State and Federal opportunities, substantial progress has also been made in the City's effort to obtain OCTA Measure M funding. Following several months of scientific and informational advocacy, the City has significantly improved its competitive position and its proposed open space acquisitions were recently included on Measure M's list of 26 "high priority acquisitions" out of more than 100 County-wide applicants. Further detail on each grant opportunity is itemized as follows: Please see the attached Measure M update for information on progress to date and recent milestones. A grant request for$ 200,000 was successfully prepared and submitted to the State of California for funding consideration under the Habitat Conservation Fund program. The approximately 30 page application included detailed maps, grant criteria responses and performance metrics related to a proposed 7 acre habitat restoration of Trabuco Creek to remove non-native invasive species and to restore indigenous plant species to the area. Restoration of Trabuco Creek will substantially enhance the habitat and wildlife resource values of the Northwest Open Space, thereby increasing the competitive appeal of adjacent unprotected properties, such as the 58 acre Saddleback Valley Christian School property, for acquisition grant funding. The grant proposal was submitted on October 1, 2009 and it is currently being reviewed by the State. Notification of any award amount is expected in Spring, 2010: The Parks and Recreation grant program offers approximately 400 million dollars in grant funds for development of new parks, improvement of existing parks or acquisition of private property intended for park use. Development improvements can entail a broad range of facilities, including skate parks, soccer fields, community gardens, restrooms, and more. The grant criteria and evaluation process is highly complex for this particular grant and involves a number of technical specifics related to low-income communities and resident-facilitated design workshops and input. Derek Ostensen and Associates has worked closely with Community Development staff to assess the compatibility of City projects to the grant criteria and to determine which potential projects in San Juan Capistrano would be the most competitive candidates. Three potential projects have been approved by Council for application preparation; Phase 1 Northwest Open Space Improvements, Rehabilitation of the Stonefield soccer fields and creation of a Skate Park/Community Garden complex. To allow for sufficient review and revision, a draft of each project's grant application will be completed by Derek Ostensen and Associates in late January, well in advance of the March 1, 2010 deadline. • '.i.,.r_ wA n,e„r <8.,.- 1 The Nature Education Facility grant program offers approximately 100 million dollars in grant funds for the development of nature education facilities or improvement of existing facilities, including the addition of exhibits, structural enhancements or interior/exterior remodeling. Derek Ostensen and Associates is currently working with City staff to identify potential projects that satisfy the grant criteria and to advance proposed projects to the Open Space Committee and City Council for review and approval. At a minimum, the Phase 1 Northwest Open Space improvement would be an excellent candidate, due to its inclusion of an outdoor amphitheater, the historic Swanner House , orange grove and the community garden. Other potential projects satisfying the grant criteria will be discussed at the January Open Space Committee meeting, with any approved projects being forwarded on to Council in February. The application deadline is April 1, 2010 and the maximum grant amount per project is 5 million dollars. Due to the significant resource value of the City's open space, a number of State, Federal and private foundation grants are available for land acquisition, habitat restoration, trail improvement and public access. Many of these grant opportunities were identified in a previous report prepared and submitted by Derek Ostensen and Associates. As a result of the gradual improvement in the economic crisis, a number of these grants are receiving reallocation of funds for distribution. Derek Ostensen and Associates will continue to assess additional grant opportunities as they become available and will communicate with City staff to ensure that City projects which have a high likelihood of grant success are prepared and submitted for funding consideration. � 4 Y yy y ppp xx DEREK OSTENSEN AND ASSOCIATES L0 T- x a The Measure M Environmental Oversight Committee recently released their 26 top priority acquisitions out of more than 100 properties submitted for funding consideration. I am pleased to inform you that five San Juan Capistrano acquisitions were included as high priority acquisitions for Measure M funding, representing 20% of the total properties on the short list. Inclusion on the "high priority acquisitions list" culminates many months of effort to communicate the valuable biological resources and regional importance of the Northwest Open Space to the array of scientists, OCTA staff, environmental leaders and politicians overseeing the Measure M process. This effort entailed the extensive preparation of detailed maps, data sets, biological analyses and funding criteria responses. A number of other acquisitions submitted for consideration did not make the priority acquisition list, including 27 high-resource-value habitat acquisitions in Laguna Beach and more than 50 other proposed acquisitions in nearby cities, including Mission Viejo, Lake Forest and San Clemente. The City has advocated the case, supported by strong scientific data, that San Juan Capistrano is an excellent candidate for Measure M funding when one considers the following: • It is the only functioning wildlife and habitat linkage between Orange County's eastern preserves and the isolated San Joaquin Hills, which include Laguna Coast Wilderness Park and Crystal Cove State Park. If, any of the proposed acquisitions are developed, the Trabuco Creek Linkage may be irreparably damaged, resulting in significant ecological ramifications. • It features one of the only County-wide occurrences of endangered Steelhead Trout. • It supports numerous occurrences of endangered gnatcatcher and provides a major linkage between two County-mapped Areas of Critical Gnatcatcher Habitat. • It features large acreages of riparian habitat, a high priority habitat type for Measure M that most other proposed acquisitions do not support. • Unlike virtually every other Measure M acquisition, San Juan Capistrano acquisitions have a committed, experienced land manager (the City) with an excellent track record of open space management and dedicated local open space funds. • Measure M investment would be considerably leveraged by the numerous other conservation initiatives being undertaken in the City, including habitat restoration, improved trail signage and erosion control, offering "more bang for the Measure M buck." Through the City's efforts, it has established that the proposed San Juan Capistrano acquisitions are critically important to Measure M conservation goals and that they score well in each of the required biological and non-biological criteria. The City has advanced a well-substantiated argument for funding and, through both scientific and informational outreach efforts, it has brought the City's proposed acquisitions to a competitive position. In late January, Measure M will provide further notice of the committee's final evaluation of biological criteria and how each of the City's proposed acquisitions scored in that assessment. There is not a great deal the City can do to influence that process beyond the plethora of data it has already submitted; the nature of the land and its existing habitat must speak for itself at this point in comparison to other proposed acquisitions. Properties will be prioritized according to their biological value and other non- biological criteria as "high," "medium," or "low" and a further shortened list of properties will be forwarded on to the appraisal and due diligence process. The City of San Juan Capistrano, and indeed all other Measure M applicants, has no guarantee when or if Measure M funds will be obtained. However, the goal has been to put the City in the best position possible to receive grant funds. Measure M will allocate its first three rounds of funding in 2010, 2011 and 2013 and due to the City's considerable effort over the past many months and its inclusion as a high priority conservation target for the Measure M Evaluation Committee, the City has substantially improved its likelihood of receiving funding in one or more of those rounds.