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Res P-99-34RESOLUTION NO. P- 99-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA REQUESTING ACCEPTANCE OF GRANT FUNDS THROUGH THE STATE DEPARTMENT OF FISH AND GAME NCCP PROGRAM TO ASSIST IN THE ACQUISITION OF THE KIMBALL LIVING TRUST PROPERTY FOR THE PURPOSE OF HABITAT PRESERVATION APN: 321-110-2 WHEREAS, the City Council desires to implement the Poway Subarea Habitat C Plan (Poway HCP), in part, through the acquisition of important resource protecr :hin the Poway HCP Mitigation Area and specifically from willing sellers; and WHEREAS, the approximate 80 acre Kimball Living Trust Property is within the said Mitigation Area and th I said property has expressed a strong desire to sell the majority of the property for habitat p purposes; and WHEREAS, the proposed acquisition of the subject property' I with the habitat preservation goals of the Poway HCP in that the acquisition property is situated within an identified ' proposed resource protection area pursuant to the Poway HCP; and WHEREAS, certain grant funds are available annually on a competitive basis through the State Department of Fish and Game (CDFG) Natural Community C Planning (NCCP) program budget for urgent impl' tasks, and such funds can be utilized to assist in the acquisition of important habitat lands; and WHEREAS, in January 1999, the City received notification from CDFG that the City's NCCP grant application for $200,000 to assist in the acquisition of the subject property has been approved for the full amount requested; and WHEREAS, approval of the land acquisition project and acceptance of the CDFG grant funds for this project must be authorized by the City Council; and WHEREAS, the City Council's action to adopt this resolution is covered by the General Rule of the California E Quality Act (CEQA) and is not subject to review pursuant to Section 15061(b)(3) of the State CEQA Guidelines. WHEREAS, pursuant to G I Code Section 66020(d)(1), NOTICE IS FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication, reservation, or otb described in this resolution begins on the effective date of this resolution and any such protest must I: that complies with Section 66020. Resolution No. P- 99 - 34 Page 2 NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Poway hereby approves the proposal to pursue the acquisition of the approximate 80 acre Kimball Living Trust Property and accepts the grant award of $200,000 from the State Department of Fish and Game to assist in that purpose. ATTEST: i Anne Peoples, City Clerk APPROVED and ADOPTED by the City Council of the City of Poway, State of California this 27th day of April, 1999. //~'~..-~ / Michael¥ ~'/"'~P.I~afa~.~a~ ~ayor STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing No. 1~-99-34 , was duly adopted by the City Council held on the 27th day of April, 1999, and that it was so adopted by the following vote: AYES: EMERY, NOES: NONE ABSTAIN: NONE ABSENT: NONE GOLDBY, HIGGINSON, REXFORD, CAFAGNA Lori ~nne Peoples, City Clbrk City Of Poway