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 CITY COUNCIL AGENDA ITEM NO. 10

Meeting Date: January 28, 2003

Subject/Title: Endorsing the application and authorizing the acceptance of grant funds from the State of California Department of Water Resources Urban Streams Restoration Program (Costa-Machado Water Bond Act of 2000 – Proposition 13) and approving a letter of consent delegating authority to the Natural Heritage Institute, co-applicant on the grant, to submit invoices on behalf of the City of Brentwood.

Submitted by: Finance: P. Ehler/K. Wahl
Parks and Recreation: C. Bronzan/J. Hansen

Approved by: John Stevenson, City Manager

RECOMMENDATION 
Passage of a resolution endorsing the application and authorizing the acceptance of grant funds from the State of California Department of Water Resources Urban Streams Restoration Program (Costa Machado Water Bond Act of 2000 - Proposition 13) for acquisition, planning and implementation of a creek restoration project and approving a letter of consent delegating the authority to the Natural Heritage Institute, co-applicant on the grant, to submit invoices on behalf of the City of Brentwood.

PREVIOUS ACTION
On March 12, 2002, City Council approved a Resolution authorizing the submittal of an application for grant funds to the State of California Department of Parks and Recreation Urban Streams Restoration Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection bond Act of 2000 for acquisition, planning and implementation of a creek restoration project.

BACKGROUND
The Costa-Machado Bond Act of 2000, (Proposition 13) provided funding to the Department of Water Resources Urban Streams Restoration Program for support of actions that prevent property damage caused by flooding and bank erosion, restore the natural value of streams and promote community stewardship. Grants from this program can be used for simple stream projects as well as complex projects such as enhancing the environmental characteristics of a stream or restoration of a stream to a more naturally functioning state. 

This action is the required documentation which conditionally accepts the grant, designates a representative to sign the contract with the Department of Water Resources and designates a Project Manager with delegation of authority. On this application, the Natural Heritage Institute, who has been working with the City and UC Berkeley graduate students in Environmental Studies on Marsh Creek, acted as the sponsor for the grant and the City acted as co-sponsor. The application was submitted for funding for acquisition of a portion of a parcel located northwest of the Marsh Creek Staging Area known as the Griffith parcel, APN 017-110-011The proposal also requested funding for refining design and the initiation of the restoration phase of the project. This project was one of only twenty-six projects selected for funding from eighty-two applications for the $8.7 million available in the program. In the past the property owner has given indication of being a willing seller, however, staff has been made aware that this may no longer be the case. The City will do its best to negotiate with the property owner in hopes of making this project a reality.

The site is now within the City limits after annexation in 2001 and was designated as a “special Facility nature park” in the 1994 Park and Recreation Master Plan and included again in the 2001 update to the Park and Recreation Master Plan. The Plan indicates “due to the special location of the site at the confluence of three creeks, it offers a unique opportunity to develop a Nature Park for the community”. 

The City of Brentwood General Plan Update, adopted by Council on November 27, 2001, also indicates that the site is of chief importance with the following statement. “Since this property is at the confluence of three creek systems, it is paramount that any development of the area be consistent with and reflect the Parks, Trails, and Recreation Master Plan and provide open space buffers adjacent to the creeks bordering the site. If any development, other than open space/recreational amenities occurs, it should be restricted to single-family residential uses that maintain the rural character of the area. 

FISCAL IMPACT
This grant award is $813,305 and the total project budget is $1,427,138. The City was also awarded $400,000 for this project from the Department of Parks & Recreation Riparian and Riverine Program. While there is no specific requirement for matching funds to receive the grant, applicants must contribute something. The contribution can be a financial match, an in-kind contribution, or a combination of both. The Natural Heritage Institute has some matching funds from the California Coastal Conservancy for the project as well as contributing substantial staff time, the Contra Costa County Flood Control and Conservation District has budgeted funds for the widening of Marsh Creek in this area that can also be used as matching funds and the City of Brentwood will continue to contribute staff time and expertise in planning and the acquisition of necessary permits and inspections. 

Attachment:
Resolution 
Site Map


RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ENDORSING THE APPLICATION, DETERMINING THE APPROPRIATE ENVIRONMENTAL IMPACT DOCUMENT, CONDITIONALLY ACCEPTING THE GRANT IF OFFERED AND DESIGNATING THE CONTRACT MANAGER AND FISCAL AGENT FOR THE STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES URBAN STREAMS RESTORATION PROGRAM FOR ACQUISITION OF A PORTION OF PARCEL 017-110-011.

WHEREAS, the California Department of Water Resources, Division of Planning and Local Assistance, Urban Streams Restoration Program has announced the availability of funds for grants; and

WHEREAS, said grants are intended to help solve flooding and erosion problems in a way that provides environmental enhancement; and

WHEREAS, the Natural Heritage Institute has proposed to cosponsor a grant application with the City of Brentwood; and

WHEREAS, we have concluded the project proposed for funding with the grant funds would be environmentally beneficial and we will comply with all requirements of CEQA prior to implementation of the project.; and 

WHEREAS, we consider the prospects of receiving a grant to be reasonably likely.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby approves the joint application with the Natural Heritage Institute for an Urban Streams Restoration Program grant.

BE IT FURTHER RESOLVED that if offered such a grant, we authorize Craig Bronzan, Director of Parks and Recreation, to accept and sign any contract for administration of the grant funds and John R. Cain of the Natural Heritage Institute to act as Project manager for the project. 

BE IT FURTHER RESOLVED that we hereby delegate authority to the Project Manager to manage the Agreement, and to delegate authority to others to provide management and support services required for performance of the work and administration of the Agreement.

BE IT FURTHER RESOLVED that the delegation of authority to submit invoices requires written consent by both grantees which will be provided to the Department of Water Resources.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of January, 2003, by the following vote:

AYES: Councilmembers
NOES: 
ABSENT: 
_____________________________
Brian Swisher, Mayor
Mayor
ATTEST:

__________________________________
Karen Diaz, CMC
City Clerk
City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov