Loading...
Res 17-022RESOLUTION NO. 17-022 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; WHEREAS, the City of Poway has demonstrated this commitment by respectively adopting Poway's Subarea Habitat Conservation Plan; WHEREAS, approximately 165 acres are 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 Van Dam Peak area, 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; 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; 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 as follows: Section 1: Approves the filing of an application for the Van Dam Peak land acquisition; Section 2: Certifies that the City of Poway understands the requirements in the Program Guidelines; Section 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; Resolution No. 17-022 Page 2 Section 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; Section 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; Section 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; Section 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 Section 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, California, at a regular meeting this 16th day of May 2017. Steve Vaus, Mayor ATTEST: Nahcy,Neiffeld,�CMC, City Clerk Resolution No. 17-022 Page 3 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 17-022 was duly adopted by the City Council at a meeting of said City Council held on the 16th day of May 2017, and that it was so adopted by the following vote: AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Nabcy/Nedfelcr, CMC, City Clerk City of Poway