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HomeMy WebLinkAbout9081 - Coastal Planning Financial AssistanceRESOLUTION NO. 9081 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING THE OFFICE OF PLANNING AND RESEARCH TO PROVIDE COASTAL PLANNING FINANCIAL ASSISTANCE WHEREAS, the City of Newport Beach, recognizing the problems and issues identified in the attached application for Coastal Zone Management Grant,desires to provide for a planning study contributing to improved coastal planning, decision - making, and management capability related to community development and growth; and WHEREAS, the City of Newport Beach has developed an application package to deal with these development problems and issues; and the California State Office of Planning and Research, under authority of the Government Code of the State • of California (Section 34200), may provide planning assistance for such a program and receive financial assistance from the California Coastal Commission, as authorized by inter - agency agreement; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby requests the Office of Planning and Research to provide planning assistance under authority of the Government Code of the State of California, with such financial assistance as may be provided by the California Coastal Commission, not to exceed the amount of $2,000. Such planning assistance is more particularly described in a project description that is attached hereto and a made a part of this resolution as if fully set forth herein. BE IT FURTHER RESOLVED that the City Manager of the City of Newport Beach be, and he is hereby authorized and empowered to execute in the name of the City of Newport Beach all necessary applications, contracts, and agreements and • • • • amendments hereto to implement and carry out the purposes specified in this resolution. ADOPTED this 9th ATTEST: I L�-4 -�— City Clerk If 10 AS Oi?101NN, ........ .. ............ .....:..........'... CITY CLERK OF THE CITY OF NLWPOx zTzt61 MAY 1 Y 1977 day of May , 1977. Mayor -2- DDO /bc 5/5/77 �O EDMUND G. BROWN JR. «WRNOR • • S 46 of Ulf li1`.ttia GOVERNOR'S OFFICE OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET SACRAMENTO 85814 . (916) 322 -2318 TO: COASTAL CITY AND COUNTY PLANNING DIRECTORS RE: COASTAL PLANNING FINANCIAL ASSISTANCE Dear Planning Director: �-�Ci C RECEIVED Community Development Deot, APR 1977om- . CITY OF NEWPORT BEACH, CALIF. I- I The enclosed package contains the application forms for federal Coastal Zone Management Act (CZMA) planning funds available to local governments for the initial phase of local coastal planning. The initial phase.of the local coastal planning process is the develop- ment of the total work program for the local coastal program. Once the total work program is developed, further funding assistance will be made available on the basis of that work program. This initial phase is expected to take place primarily during the period of May through July, 1977. If your jiirisdiction desires to be considered for funding during the initial grant period, you should complete the required application and send two (2) copies to the Office of Planning and Research, 1400 Tenth Street, Sacramento, California 95814. The applications must be received . -by-OPR ^by May 5,_1977: funding to be made available for the initial phase will' be determined by the Coastal Commission and OPR. Contracts will be finalized immediately after Coastal Commission approval, scheduled for May 17 or 18. If you need further assistance or information, please call Thomas Dederer at OPR, at (916) 322 -6312, or Madge Strong at the Coastal Commission, at (415) 557- 3144.' 112 Since , Bill Press Director Attachments INFORMATION AND REQUIREMENTS REGARDING LOCAL COASTAL PROGRAM PLANNING GRANTS BCa .v .9 C3 �17 N par���` A. Purpose of Grant Program„% The major.portion of the grant funds available prior to August, 1977, • will be used.to cover the local governments expense in developing the total work programs for their local coastal programs. (Note that the total work program was referred to as the overall scope of work in earlier com- mission documents.) This initial phase is intended to be very brief, identifying but not under - taking the work needed in the overall LCP preparation process that will. follow. The amount of time and funds needed during this phase should thus be kept to a minimum. Each local jurisdiction should determine its own estimated staff and cost figures for this phase. The Office of Planning and Research and the Coastal Commission anticipate grant awards in the range of $2,000 to $5,0009 and the staff needs for the study to be approxi- mately two person months. The end product of this initial phase is the total work program outlining the tasks required to complete the local coastal program. The total work program will be the basis for further funding through the federal CZMA to be made available for the local coastal planning to implement the Coastal Act. H. Application Package The application package, to be submitted in duplicate to OPR, consists of: 1, the application form (attached); . 2. description of tasks for the initial phase; a. the budget /staff allocation form (attached);,. 4. a resolution of the governing body identifying a person to exe- cute the agreement and authorizing receipt of funds for the pre- scribed work; and 5. a statement of assurances signed by the authorized person. At minimum, items (1) through (3) must be submitted by the May 5th dead- line. If the resolution and statement of assurances cannot be submitted by that date, they may be sent separately, but should arrive at OPR no later than May 18, 1977. Item (2),. the description of tasks, should briefly outline the process that the applicant will use to develop the total work program. In the total work program, the jurisdiction will (a) identify coastal planning issues; (b) determine planning tasks needed to address these issues; • • (c) establish methods for maximizing public and agency involvement in the LCP process; (d) identify the option that will be used for submittal of LCP documents; and (e) include the budget and schedule for the overall preparation of the LCP. For your information and assistance, a sample draft of tasks for this initial phase prepared by the staff of the Coastal Commission is attached. The public and affected governmental agencies should be given the oppor- tunity to comment on the identified coastal planning issues. Generally, it is expected that a draft issue identification could be completed by mid -June. The commission staff will be providing guidance and sample forms for this purpose to allow sufficient time for comments and revisions in the proposed total work program by the end of July. If any local governments need additional time to complete this initial phase, this should be specified in the application form. C. Illustrative Schedule The following is a tentative schedule of the local coastal planning pro- cess. This is only an example; not every local government must follow this precise schedule. By May 5, 1977 May 18, 1977 Mid -May through July, 1977 August - October, 1977 Date of Commission approval - Through June, 1978 Early May, 1978 Mid -May through June, 1978 July through June, 1979 Local governments submit applications for initial phase. OPR and Commission approval of appli- cations; enter into contracts for initial phase. Local governments develop total work program. Commission hearings and approval of total work programs; OPR enters into agreements with jurisdictions_ Local governments work on preparation of the LCP. Local governments submit applications for continued funding: Commission hearings and approval of applications for funding. OPR enters into second annual agreement with jurisdictions. Local governments work on preparation of the LCP. Local governments that do not choose to apply for this initial funding period may apply later. Additional federal grant funds are expected to be available in August, 1977. D. Criteria for Grant Awards All applications for this initial funding period (May through July, 1977) will be evaluated by the Commission and OPR. With the limited amount of grant funds available at this time ($200,000), some jurisdictions apply- ing for funds may not receive a grant. These jurisdictions will be offered memorandum of'understanding for "SB 90" expenditures or they will be funded • out of grant funds available after July, 1977. (See Commission memo of • March 71, 1977, a copy of which is attached.) In selecting.which programs will be funded, the following criteria will be used: 1. The relationship of the LCP work proposed to other planning being undertaken by,the jurisdiction; 2. The most efficient utilization of the Commission's staff; 3. The ability of the jurisdiction to support the.work and await reimbursement through the SB 90 procedures; and 4. Programs which would involve more than one jurisdiction. E. Grant Requirements 1. Administrative. Under the Office of Planning and Research and Commission policy, appli- cants assume the entire responsibility for administering the planning process under CZM grants. The grantee must (1) employ any staff and consultants required; (2) maintain complete accounting and time records; and (3) provide fiscal management and cash flow to the program. Each CZM project must have a designated project director. The project director may be a staff member of the applicant agency or an elected official. The project director is responsible for reviewing and signing the work products prepared as,part of the program. Each CZM project must have a designated fiscal officer. The fiscal officer may be a staff member or an elected official of the applicant agency. The fiscal officer is responsible for invoicing the Office of Planning and Research for reimbursement of project costs and maintaining accounting records for the grant program. Additional administrative requirements will be detailed in special grant administration instructions to be provided when the funds are awarded. 2. Budgeting In determining eligibility of individual expenses, the applicant should consult Federal Management Circular 74 -4, "Cost Principles Applicable to Grants and Contracts with State and Local Governments ", and 74 -7, "Uniform Administrative Requirements for Grants -in -Aid to State and Local Governments ". 3. Environmental Planning* Projects which will result in development plans or policies for land use, major community facilities, major utility systems, or the protection of natural areas must include as part of the project an environmental assessment. This environmental review should be conducted in full accord with the policies and provisions of the California Environmental Policy Act and the federal guidelines for compliance with the National Environ- mental Policy Act. 4. Historic Preservation! Any project.which may have a direct impact on historically important areas or buildings must be carried out in accordance with Section 106 of the National Historic Preservation Act of 1966, Executive Order 11953, and Section 101(b)(4) of the National Environmental Policy Act of 1969, 5. Equal Opportunity Congress has specified that recipients of Coastal Zone Management Program funds must comply with Title VI of the Civil Rights Act of 1964 (non- discrimination on the basis of race, color, and national origin) and Title VIII of the Civil Rights Act of 1968 (nondiscrimination in housing). 6. Citizen Involvement When a jurisdiction is involved in the development of major plans, policies, priorities, or objectives provisions for citizen participation must be a part of the work program. F. Request for Funds • Expenses incurred in carrying out the LCP work will be reimbursed by OPR upon the receipt of a request form that will be provided to each grantee. For these initial grants, the Office anticipates only one such request at the end of the project. If this will create a hardship for any juris- diction, OPR should be contacted. + These are standard federal requirements which are common to any federal programs. The nature of the initial planning grants precludes many of these requirements having an affect in this initial grant period. How- ever, the total work program should be designed to meet these require- ments when they apply. i To- FROM- SUBJECT: CALIFORNIA COASTAL COMMISSION 1540 Market Street, San Francisco 94102 — (4151 557.1001 March 11,'1977 Coastal City and County Officials E. Jack Schoop, AIP, Chief Planner Financial Assistance for Local Coastal Program Development You have recently been provided with a draft of the Local Coastal Program Manual, Part III of which outlines the funding assistance available to local governments to cover your.costs of preparing the local coastal programs re- quired by the California Coastal Act of 1976. This financial assistance will be available in two general forms: (1) grants for coastal planning work with 80% of the funds coming from the Federal govern- ment through the Federal Coastal Zone Management Act and 20% from the State General Fund; and (2) reimbursement of expenses for eligible costs under the procedures of Section 2231 of the Revenue and Taxation Code (popularly known as SB 90). The amount of assistance available for grants is tentatively set at: January 1, 1977 - July 31, 1977 $ 200,000 August 1, 1977 - June 30s 1978 117007000 (est.) July 1, 1978 - June 30, 1979 2,500,000 (est.) • In addition, $400,000 has been included in the Governor's budget for fiscal year 1977 -1978 for SB 90 costs. Subject to appropriation by the Legislature, this amount is to be deposited in a local government coastal planning assist- ance account and used for the reimbursement of State - mandated local costs incurred in developing local coastal programs during the 1976 -77 fiscal year and for the estimated costs of developing local programs during the 1977-78 fiscal year. It is the policy of the State that funds in the account are to be used only when Federal and matching State grant funds are insufficient to cover all local costs. Moreover, it is the policy of the Coastal Commission that the $400,000 in the account be used primarily for the costs incurred during the January -July 1977 period when grant funds are at a minimum. It is to the advantage of local governments to use the grant funds to the maximum extent possible because there will be assurance of being funded for the work identified as necessary to prepare a local coastal program. In con- trast, to be eligible for payments from the local coastal planning (SB 90) account, local governments must carry the costs for some months and then have their claims reviewed by the Coastal Commission and approved by the State Controller. Moreover, if the total sum of the claims against the account exceeds the $400,000 budgeted, the Controller will be required to prorate the payments downward. Obviously, it would be to the advantage of all of us if the claims against the account do not exceed $400,000. " t , -2- In an attempt to coordinate these two sources of funding, the following pro - cedures have been developed by the Coastal Commission staff, working in coop- eration with the State Department of Finance and the Governor's Office of Planning and Research (OPR). The same basic procedure will be used for the • administration of the coastal planning account funds as will be used for the grant funds. Both will involve negotiating tasks and costs in advance. The • major difference is the form of the resulting agreement - either as a contract for disbursement of the grant funds or as a memorandum of understanding for SB;90 reimbursements. 1. In the administration of the grant funds, local governments will enter into contracts to perform agreed upon work at agreed upon costs and sche- dule. This contract approach is the only one available under U.S. Commerce Department regulations for the pass - through of Federal funds. It should be noted that Federal grant funds cannot be used for the reimbursement of the cost of work done prior to entering into a contract for the work with the State. . 2. In administering the SB 90 local planning account funds, the same pro - cedure of negotiating tasks and costs would be employed except that the resultin document would be a legally non - binding memorandum of understand - ing (MOUJ.. The MOU would establish an agreement on the cost of work nec- essary to prepare a work program or beginning phase of a local coastal program; the local government would agree to do the work; and the Coastal Commission would agree to recommend approval of the local government's claim against the SB 90 account when the claim is filed next fall (assuming the claim exceeds money made available to the local government through grants). Without such prior agreement, the local government will have no assurance that the costs incurred would be considered necessary under the Coastal Act.. The MOU will give local governments some certainty that their claims will be fully paid if the work they do is, indeed, required by the Act. Mutual cooperation will be needed to assure that the Coastal Commis- sion does not require local governments to do more work than there are • State and Federal funds to pay for, and that local governments do not unilaterally file claims that exceed $400,000 -in total. Following are the basic procedures that we intend to use in administering both the grant and, with necessary modifications, local planning account funds: 1. The first task will be the development of an overall scope of work for the local coastal program (LCP). The development of the scope of work, for the most part, will take place prior to July 30, 1977. Both grant funds, based on contracts, and the SB 90 funds, based on MOUs, will be available to support this scope of work phase. The level and source of the funding for this initial phase will be determined by the Coastal Commission and OPR based on applications made by local governments and the most equitable use of the combined funding sources. 2. The product of this initial. phase is the overall scope of work and cost estimates for the preparation of the LCP. This scope of work should be agreed upon by the local government, the Coastal Commission, and OPR to establish the minimum work necessary to satisfy the Coastal Act require- ments. -3— ii con - 3. Upon a mutual agreement on the overall scope of work and cost", the tract for an annual grant (or a MOU) will be drawn up for approvA.. piaat Coastal Commission and the local government. It is anticipated t4i101�id• of the costs will be covered by available local assistance grant • Such annual grants will begin after August, 1977. work Whenever either the scope of work phase or the following LCP preparatl'l1aed on • is to be funded under the grant program, the Coastal Commission will{ {t11µ Local its approval of the local government's proposed work, program, forward .1. govern - assistance funds to OPR, and OPR will execute the contract with the 1P govern- ment. (OPR's concurrent planning fluid disbursement activities, and 10 i OPR OPR mental familiarity with them, should make this a convenient arrangemelll'Yti.Ll will monitor projects to assure they are performed in a timely manner` pica local review local grant invoices for payment, and make the disbursements to e governments. Coastal Commission staffs will concentrate on the substAl' issues. If the applications exceed the available grant funds, negotiations witJtj,;t� individual local governments will be conducted to reach agreement on t.1 , costs should be reimbursed with SB 90 funds. Vary Payment costs covered cases contracts t generally tied to he d}Pg of wok products(or inome milesnes entifiedin the rkl0ost Work products must be of acceptable quality before payment will be maP4 trre- overruns to achieve the necessary level of quality are not reimbursabl "�Nd to quent Coastal Commission staff review of work in progress will be prod} identify any work deficiencies at the earliest possible time. an Application forms for grants to perform the first task, the preparatiO, �JaLay overall scope of work, will be mailed to you as soon as possible. SOO pt& in has been incurred because we do not yet have staff available to assist,utpe of answering questions and helping interpret Coastal Act requirements. ' �6� aror • the need for mutual cooperation to assure adequate funding for your W1 stave substantial amounts of work should generally not be undertaken before 11p reached an agreement on the level of funding we can provide you. Because it is in our mutual interest to get the local coastal program 1111Fiprwayr be assured we will be getting our application instructions to you as 0't possible, hopefully within a month from now. I SAMPLE DESCRIPTION OF INITIAL PHASE TASKS Overall Objective Develop total work program for the local coastal program. Tasks 1. Identify coastal planning issues that need to be addressed in the LCP. a. Evaluate which policies from Chapter 3 of the Coastal Act are applicable to the coastal zone of the jurisdiction (generally using the 14 policy groups from Part II of the LCP Manual). b. Identify policy areas (and /or geographic areas) in which potential development, currently allowable under local regulations, could conflict with Coastal Act policies. C. Identify any major known (or likely) public works projects, and uses of more than local importance that will need to be considered in the LCP. A draft identification of issues will be distributed for review to all interested persons and agencies by mid -June to allow time for comments to be reflected prior to completing the proposed total work program. 2. Define the planning tasks needed in the total work program to address local coastal issues. a. Evaluate existing plans, regulations, and data sources as to • adequacy in addressing coastal issues. (Note briefly the docu- ments you will need to review.) b. Identify any tasks necessary to gather additional data, analyze coastal issues, and resolve conflicts. c. Identify tasks needed to revise existing or prepare new local plans and regulations that address coastal issues. This should include a determination as to which existing plan elements and /or coastal .or community elements are to be part of the LCP. d. Indicate the choice of options for submittal of local coastal program documents (i.e., land use together or separately from zoning; separate geographic units). 3. Design'mechanisms for involving affected local, regional, state, and federal agencies in the LCP preparation. a. Contact all affected city and county departments, special districts, and regional, state, and federal agencies that undertake activities or have interests in the coastal zone of the jurisdiction; have each assign a liaison person, where necessary. 4 I SAMPLE DESCRIPTION OF INITIAL PHASE TASKS Overall Objective Develop total work program for the local coastal program. Tasks 1. Identify coastal planning issues that need to be addressed in the LCP. a. Evaluate which policies from Chapter 3 of the Coastal Act are applicable to the coastal zone of the jurisdiction (generally using the 14 policy groups from Part II of the LCP Manual). b. Identify policy areas (and /or geographic areas) in which potential development, currently allowable under local regulations, could conflict with Coastal Act policies. C. Identify any major known (or likely) public works projects, and uses of more than local importance that will need to be considered in the LCP. A draft identification of issues will be distributed for review to all interested persons and agencies by mid -June to allow time for comments to be reflected prior to completing the proposed total work program. 2. Define the planning tasks needed in the total work program to address local coastal issues. a. Evaluate existing plans, regulations, and data sources as to • adequacy in addressing coastal issues. (Note briefly the docu- ments you will need to review.) b. Identify any tasks necessary to gather additional data, analyze coastal issues, and resolve conflicts. c. Identify tasks needed to revise existing or prepare new local plans and regulations that address coastal issues. This should include a determination as to which existing plan elements and /or coastal .or community elements are to be part of the LCP. d. Indicate the choice of options for submittal of local coastal program documents (i.e., land use together or separately from zoning; separate geographic units). 3. Design'mechanisms for involving affected local, regional, state, and federal agencies in the LCP preparation. a. Contact all affected city and county departments, special districts, and regional, state, and federal agencies that undertake activities or have interests in the coastal zone of the jurisdiction; have each assign a liaison person, where necessary. b. Determine the role of each district and agency in the LCP; identify proposed projects and relevant plans; locate sources of information. c. Specify key points for involvement of each affected district and agency in the LCP preparation, and the means for obtaining that involvement (i.e., review of drafts, meetings, policy decisions, etc.) 4. Design mechanisms for maximizing public participation in the LCP process. a.. Evaluate existing available mechanisms for public involvement (e.g., existing community advisory committees, citizen task forces, etc.) and extent of public participation in recent planning directly applicable to coastal issues. b. Explore other mechanisms for public involvement including special workshops, forums, newsletters,.advisory committees, etc. c. Select a set of mechanisms most appropriate for effectively involving the public in the LCP process. . 5.. Determine estimated budget and schedule for all major tasks in the total work program. a. Develop a time line indicating approximate dates of completion for major tasks, taking into account local hearings, etc. b. Estimate staff or consultant time, expenses, and any other costs to complete the tasks in the total work program. Product The product is a total work program for the local coastal program. Addi- tional material detailing the format of the total work program will be sent to grantees. Statement or Assurances Iorm STATEMENT OF ASSURANCES The Applicant hereby assures and certifies that he will comply with the regula- .tions, policies, guidelines, and requirements including OMB Circulars Nos. 74 -4. A -95, and 74 -7, as they relate to the application, acceptance and use of federal funds for this federally assisted project. Also, the Applicant assures and cer- tifies with respect to the grant that: 1. It possesses legal authority to apply for the grant; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, includ- ing all understandings and assurances contained therein, and directing and authorizing the person identified as the official.representative of the appli- cant to act in connection with the application and to provide such additional information as, may be required. 2. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any.measures neces- sary to effectuate this agreement. 3. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where, (1) the primary purpose of a grant is to provide employment or, (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. 4. It will comply with requirements of the provisions.of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91 -646) which provides for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. S. It will comply with the provision of the Hatch Act which limits the poli- tical activity of employees. 6. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 7. It will establish safeguards to prohibit employees from using their posi- tions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 8. It will give the grantor agency or the Comptroller General, through any authorized representative, the access to and the right to examine all records, books, papers, or documents related to the grant. 9. It will comply with all requirements imposed by the federal grantor agency concerning special requirements of law, program requirements, and other admi- nistrative requirements approved in accordance with Office of Management and Budget Circular No. 74 -7. Signature of Applicant