COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Environmental Services Agency

DATE:

November 28, 2001

BOARD MEETING DATE:

December 11, 2001

TO:

Honorable Board of Supervisors

FROM:

Marcia Raines, Director, Environmental Services Agency

SUBJECT:

APPROVAL OF A GRANT APPLICATION IN THE AMOUNT OF $325,000 TO THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM OF THE CALIFORNIA RESOURCES AGENCY FOR ACQUISITION OF THE NATIVE AMERICAN SITE COMMONLY REFERRED TO AS THE SHELL MOUNDS

Recommendation

Adopt a resolution authorizing and ratifying submission of a grant application in the amount of $325,000 to the Environmental Enhancement and Mitigation Program (EEMP) of the California Resources Agency for acquisition of the Native American site commonly referred to as the Shell Mounds at San Bruno Mountain; and authorizing the Director of Environmental Services Agency to execute the grant agreement and any other documents required by and for the grant and grant project.

Background

California Streets and Highways Code authorizes the allocation of $10 million each year for grants through the EEMP. Available to State, local and federal agencies, and non-profit groups, this program is designed to mitigate the environmental impacts of new or modified transportation facilities. By April 15, 2002, the California Resources Agency reviews and submits to the California Transportation Commission (CTC) a list of proposals recommended for funding. The CTC formally awards grants to fund proposals recommended by the Resources Agency.

According to the EEMP Procedures and Criteria, the applicant project proposals must be "directly or indirectly related to the environmental impact of the modification of an existing transportation facility or construction of a new transportation facility." It should be noted that the proposed project cannot serve in place of, or replace, any required mitigation of the related transportation project. The EEMP applicant project must be an addition to the required mitigation.

Eligible projects fall within three broad categories-Tree and other flora planting to offset vehicular carbon dioxide emissions; acquisition or development of "roadside" recreational opportunities; and the acquisition, restoration or enhancement of resource lands to mitigate the loss of, or detriment to, resource lands lying within or near the proposed transportation improvement.

Applications needed be postmarked no later than November 16, 2001. Conditioned on a resolution to follow later, the application was submitted before the deadline.

Discussion

The Trust for Public Land (TPL) recently approached the Parks and Recreation Director with a proposal to acquire the Native American site commonly referred to as the Shell Mounds. While TPL is eligible to apply for the EEMP funds directly, it was agreed that County Parks would be the stronger applicant as both a member of the HCP Trustees and the dominant parkland manager in the HCP area.

The Shell Mounds property is located south of the City of Brisbane, on the southeast corner of the park between the existing park boundary and Bayshore Boulevard and north of Sister Cities Boulevard. Unimproved and vacant, the property to be acquired is approximately 26 acres of a 37-acre parcel that was originally planned for a large commercial development. Environmental advocacy groups including San Bruno Mountain Watch (SBMW) opposed the development. A lawsuit filed against the developer resulted in an out-of-court settlement that includes relocation of the commercial developments away from the 26-acre parcel and sale of the subject parcel. TPL has obtained an option to purchase the parcel and is currently seeking the needed funds and support to purchase the parcel and permanently protect it through a conveyance to County Parks. The EEMP grant application and County Parks support as the formal applicant are part of the effort.

The San Bruno Mountain Habitat Conservation Plan (HCP) designated the subject property for development rather than preservation. As a result, the HCP is silent as to opportunities that include permanent protection of lands originally intended for development. In addition, there is no express directive from San Bruno Mountain State and County Park Master Plan to acquire the Shell Mounds area. However, there are sections of the Master Plan and other policy guidelines that give direction on the issue of whether to acquire the shell Mounds property.

The County General Plan Historical and Archeological Resources Policies section clearly states the County should, "Protect historic resources for their historic, cultural, social and educational values and the enjoyment of future generations. .... [and] protect archeological/paleontological sites from destruction in order to preserve and interpret them for future scientific research and public educational programs." These policies support the position that County Parks should work to acquire the Shell Mounds area.

Regarding the timing of acquisitions, the County General Plan identifies criteria including, in part, existence of unusually favorable acquisition opportunities and advantageous opportunities to cooperate with other public sector agencies and/or the private sector. The reduced demand on County Park staff time and resources (as reflected in TLP's option to purchase, their willingness to acquire the remainder of the funding, and their interest in conveying the parcel to County Parks) favorably supports acquisition at this time.

In addition, the San Bruno Mountain Master Plan references discussions "about the potential to adjoin the mound with the rest of San Bruno Mountain State and County Parks to preserve it intact." The Master Plan also under the Operations and Maintenance Setting section highlights generally Native American shell mounds on the eastern boundary and then goes on to read, "This plan recommends that this area be protected and preserved intact. .... These shell mounds may contain significant information contributing to the history of the Ohlone Indians and should be protected and preserved for study by future generations." While not an express directive to acquire the Shell Mounds Area, the Master Plan's policy to protect and preserve the area can include acquisition and eventual conveyance to County Parks.

Should the County acquire the subject parcel, County Parks staff expects to preserve permanently the land from development, maintain prior habitat restoration efforts, and operate and maintain the area in a similar fashion to other areas of the park.

The San Mateo County Parks and Recreation Commission recommends the Board of Supervisors approve submission of a grant application to the Environmental Enhancement and Mitigation Program of the California Resources Agency for acquisition of the Native American site commonly referred to as the Shell Mounds at San Bruno Mountain.

The County Counsel's Office has reviewed the resolution and finds it in order.

Fiscal Impact

If County Parks is successful in securing the grant, it should be noted that the $325,000 in EEMP funds will not meet the project's total acquisition cost, which is estimated at approximately $1.3 million. TPL has identified, but not secured, other potential grant sources for the remainder of the cost. Other grant sources include the U.S. Fish and Wildlife Service.

Successful EEMP project applicants are encouraged to spend the grant funds within the first fiscal year. However, the grant funds must be used within three fiscal years. This would leave TPL a limited amount of time to find funds for the remainder of the acquisition cost. The EEMP funds may be required to be returned should TPL not be successful in securing the total project cost of approximately $1.3 million.

Should County Parks acquire the 26-acre parcel, County Parks staff expects an incremental increase in operation and maintenance costs if the parcel is restored environmentally to a condition that does not warrant extensive habitat restoration and provided adequate protections including fencing. The current landowner, Myers Development is currently conducting some habitat restoration work on the subject parcel. County Parks expects Myers Development to restore the parcel to a condition acceptable to County Parks staff based on similar standards agreed upon for use in the Juncus and Tank Ravine area which is also t be dedicated by Myers Development. County Parks staff has had initial conversations with the California Coastal Conservancy regarding potential funding for habitat restoration activities subsequent to acquisition by County Parks.