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
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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