|
|
|
|
|
|
COUNTY OF SAN MATEOInter-Departmental Correspondence |
Environmental Services Agency |
| |
|
DATE: |
May 20, 2004 |
BOARD MEETING DATE: |
June 8, 2004 |
| |
TO: |
Honorable Board of Supervisors |
FROM: |
Marcia Raines, Director, Environmental Services Agency |
SUBJECT: |
Acceptance of the Preservation Parcel for Inclusion in San Bruno Mountain State and County Park |
| |
Recommendation |
1. |
Authorize the County to execute an Agreement between Trust for Public Land and County of San Mateo for the conveyance of a 26.1-acre parcel for addition to the San Bruno Mountain State and County Park pursuant to the terms and conditions stated. |
2. |
Authorize transfer of $325,000 of Environmental Enhancement and Mitigation Program grant funds into escrow for acquisition of the Preservation Parcel. |
3. |
Direct staff to include language in the update of the Habitat Conservation Plan for San Bruno Mountain to request that the Preservation Parcel be included in the Habitat Conservation Plan. |
4. |
Authorize the Director of the Environmental Services Agency to sign and execute the Assignment and Assumption Agreement and Certificate of Acceptance as part of the escrow closing process and other documents related to the close of escrow, acceptance of funds and any other necessary documents to complete the conveyance of the property. |
| |
|
Background |
Since 2000 the Trust for Public Land (TPL) has been working with San Mateo County and other stakeholders to acquire 26.1 acres of land adjacent to San Bruno Mountain State and County Park that was previously slated for development as part of the Terra Bay project in South San Francisco. The Shell Mound property (or Preservation Parcel as it has been designated by South San Francisco) 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 obtained an option to purchase the parcel and has now secured the necessary funds to purchase the parcel and permanently protect it through a conveyance to County Parks. The Board approved the County's participation in this effort as part of the approval for the County to apply for and accept grant funds from Caltrans' Environmental Enhancement and Mitigation Program (EEMP) in the amount of $325,000 in December 2001. That grant has been awarded to the County. As part of the approval process for the EEMP grant, it was recognized that should this acquisition go forward, it was TPL's intention to convey the property to the County for inclusion in the park and to be maintained by the County as part of San Bruno Mountain State and County Park. |
| |
Discussion |
In addition to the EEMP grant, TPL has secured an $850,000 grant from the US Fish and Wildlife Service for this acquisition. Those funds require approval from the State's Wildlife Conservation Board including authorization to re-convey the property to the County. That approval was given at the Conservation Board's meeting of May 12, 2004. TPL has also secured $50,000 from the San Francisco Foundation and $50,000 from the Ohlone People to be able to complete the acquisition for a total purchase price of $1,275,000. The terms of the agreement from the US Fish and Wildlife Service grant require, since TPL will not ultimately keep the property, that the ultimate owner of the property must agree to the same terms governing the agreement between TPL and the Service. Those requirements include: |
· |
It will be conveyed to the County for inclusion within park boundaries |
· |
It will be maintained to preserve the cultural and natural resources |
· |
It will be proposed to be included as part of the Habitat Conservation Plan for San Bruno Mountain |
| |
|
This is accomplished through the primary Agreement between the County and TPL, an Assignment and Assumption Agreement to be executed at the close of escrow, and an Agreement to Subgrant, between TPL and the Wildlife Conservation Board, which was approved by the Wildlife Conservation Board on May 13, 2004. The Assignment and Assumption Agreement includes an Exhibit I, which is a copy of the Agreement to Subgrant, all of which is attached (Attachment A). Staff has reviewed the language of the original grant requirements carefully, particularly as it relates to the "maintenance" requirements. Concern was raised because language in the agreement gives US Fish and Wildlife Service the ability to require the owning agency to sell the property and reimburse the Service proportionately if the property is not properly maintained. Staff's understanding is that approval of this Agreement would mean that even park related development would not be acceptable, including development of interpretive structures, parking or trails. The Draft Master Plan for this area calls for it to remain without any type of improvements so there appears to be no conflict with County policy on this issue. A second issue regarding "maintenance" involves how the natural resources are treated. The current owner of the property (Myers Development) has entered into a multiple year agreement with a qualified resources management firm to undertake exotics removal from the acreage. That contract will continue through 2006 as it has been pre-paid and is a condition of permit for development issued by the City of South San Francisco. Recent site analysis shows a substantial improvement to the habitat even at this date. The maintenance firm estimates that by the time the maintenance contract runs out that a maximum of $3,000 worth of work will be necessary annually to maintain this improved condition. This work could be done through Habitat Conservation Plan contract, park staff or volunteers. Attached is a letter from San Bruno Mountain Watch (Attachment B) committing to assistance with maintenance of the area from their volunteer efforts. Inclusion of the property within the HCP boundary would also make the area eligible for maintenance activities from HCP funding sources. The 26-acre parcel was originally slated for development, so it was not identified for dedication to the park when the Habitat Conservation Plan (HCP) was adopted 20 years ago. The acceptance of the re-granting agreement from the US Fish and Wildlife Service requires that the land be made part of the San Bruno Mountain State and County Park and that it be included in the Habitat Conservation Program thereby qualifying it for HCP maintenance funds. Preservation of the important cultural and natural resources on this property were prime reasons why the grant was approved. The HCP is currently undergoing a plan amendment. Approval of this item would authorize the staff to propose that this property be included within the boundary of the HCP and dedicated for park purposes. Staff recommends that Environmental Services Agency Director be authorized to execute the Assignment and Assumption Agreement and Certificate of Acceptance as part of the escrow closing process and other documents related to the close of escrow, acceptance of funds and any other documents necessary to complete the conveyance of the property. Staff has prepared a categorical exemption under the Environmental Quality Act for the acquisition. |
| |
Reviewing Agencies |
County Counsel |
Real Property Division |
| |
Vision Alignment |
Acquisition of the Preservation Parcel keeps the commitment of Preserve and provide people access to our natural environment and goal number 14 Important natural resources are preserved and enhanced through environmental stewardship. The acceptance of the Preservation Parcel contributes to this commitment and goal by acquiring a cultural and natural resource that will be preserved in perpetuity. |
| |
Fiscal Impact |
It is anticipated that there will not be any significant fiscal impact for this acquisition. Maintenance would be done by existing park staff, volunteers, or through work contracted through the HCP. Some minor costs for coordination of volunteers for habitat restoration and coordination with Habitat Conservation Plan Site Administrator are anticipated. |
| |
Attachments |
A. |
Assignment and Assumption Agreement |
B. |
Letter from San Bruno Mountain Watch |