Res 16-028 RESOLUTION NO. 16-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL
ENHANCEMENT AND MITIGATION (EEM) PROGRAM
WHEREAS, the City of Poway is committed to conserving and
protecting our region's most pristine open space lands and natural resources; and
WHEREAS, the City of Poway has demonstrated this commitment by respectively
adopting Poway's Subarea Habitat Conservation Plan; and
WHEREAS, approximately 434 acres area available for acquisition within the City of
Poway which would preserve natural habitat, provide an open space buffer, and help
preserve existing trail connections in and around the Iron Mountain area; and
WHEREAS, on April 7, 2015 the City of Poway City Council adopted Resolution No.
15-008 to jointly explore potential funding sources, including grants, for land acquisitions in
the Iron Mountain area; and
WHEREAS, the Legislature and Governor of the State of California have enacted
Section 164.56 of the California Streets And Highways Code, which is intended to provide
grant funds to local, state and federal agencies and nonprofit entities for projects to
enhance and mitigate the environmental impacts of modified or new public transportation
facilities; and
WHEREAS, the California Natural Resources Agency has been delegated the
responsibility for the administration of this grant program, establishing necessary
procedures and criteria, and is required to submit to the California Transportation
Commission a list of recommended projects from which the grant recipients will be
selected; and
WHEREAS, said procedures established by the California Natural Resources
Agency require a resolution certifying the approval of an application by the Applicants
governing board before submission of said application to the State; and
WHEREAS, the City of Poway, if selected, will enter into an agreement with the
State of California to carry out the Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Poway:
1. Approves the filing of an application for the Iron Mountain land acquisition; and
2. Certifies that the City of Poway understands the requirements in the Program
Guidelines; and
Resolution No. 16-028
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3. Certifies that the City of Poway or title holder will have sufficient funds to operate
and maintain the project consistent with the land tenure requirements; or will secure
the resources to do so; and
4. Certifies that the City of Poway will record a document against the real property that
defines the State's interest in the property whether the Grantee owns the property or
not; and
5. Certifies that the City of Poway, if applicable, will comply with the provisions of
Section 1771.5 of the State Labor Code regarding payment of prevailing wages on
Projects awarded EEM Program Funds; and
6. If applicable, certifies that the project will comply with any laws and regulations
including, but not limited to, legal requirements for building codes, health and safety
codes, disabled access laws, environmental laws and, that prior to commencement
of construction, all applicable licenses and permits will have been obtained; and
7. Certifies that the City of Poway will work towards the Governor's State Planning
Priorities intended to promote equity, strengthen the economy, protect the
environment, and promote public health and safety as included in Government
Code Section 65041.1; and
8. Appoints the City Manager, or his/her designee, as agent to conduct all
negotiations, execute and submit all documents including, but not limited to
applications, agreements, payment requests etc., which may be necessary for the
completion of the aforementioned project.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a
regular meeting this 21st day of June 2016.
Steve Vaus, Mayor
ATTEST:
Nan:Me Az4c, CC City Clerk
Y Y
Resolution No. 16-028
Page 3
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk, of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 16-028 was duly adopted by the City Council at a
meeting of said City Council held on the 21st day of June 2016, and that it was so adopted
by the following vote:
AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
-14 ‘14(
Nancy� uf Id,dCMC, City Clerk
City of Poway