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CC RES 2005-121RESOLUTION NO. 2005-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE APPLICATION AND ASSURANCES FOR $1.55 MILLION IN GRANT FUNDS FROM THE CALIFORNIA STATE COASTAL CONSERVANCY FOR THE PURCHASE OF THE "PORTUGUESE BEND" AND "AGUA AMARGA CANYON" PROPERTIES. WHEREAS, the Legislature has established the California State Coastal Conservancy ( "Conservancy ") under Division 21 of the California Public Resources Code, and has authorized the Conservancy to award grants to public agencies and nonprofit organizations to implement these provisions; and WHEREAS, grants are awarded under eligibility guidelines adopted by the Conservancy; and WHEREAS, procedures established by the Conservancy require the applicant to certify through a resolution of approval of the application and listed assurances prior to submission of an application to the Conservancy for an award of grant funds; and . WHEREAS, the City of Rancho Palos Verdes ( "City ") is seeking a grant from the Conservancy to acquire certain specified undeveloped property for open space and habitat purposes ( "the Project"); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The City Council of the City hereby approves the filing of an application for funding by the City to the Conservancy. Section 2: The City Council agrees to the List of Assurances, which is attached hereto as Exhibit "A ". Section 3: The City Council has or will have sufficient funds to operate and maintain the funded Project; and Section 4: Subject to the receipt of funds for the Project that have been approved by other agencies, such as the California Wildlife Conservation Board, the City Council agrees to provide any funds needed beyond the grant requested to complete the Project funded under this program through the allocation of uncommitted funds; and Section 5: The Citv Council authorizes anv of the following people (or positions) to act as a representative of the City and to negotiate and execute all agreements that are necessary to comply with the Conservancy's grant requirements: Les Evans, City Manager; Carolynn Petru, Assistant City Manager /City Clerk; Carol Lynch, City Attorney; and Joel Rojas, Director of Planning, Building and Code Enforcement. PASSED, APPROVED, AND ADOPTED this 15th day of November 2005. Mayor Attest: �J vi Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2005 -121 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on November 15, 2005. Resolution No. 2005 -121 Page 2of2 Resolution No. 2005 -121- Exhibit "A" List of Assurances The applicant is applying for a grant of funds from the California State Coastal Conservancy with respect to a proposed project. The applicant hereby assures and certifies that it will comply with Conservancy regulations, policies, guidelines, and requirements as they relate to the acceptance and use of Conservancy funds for this project. The applicant further gives assurance and certifies with respect to the grant that: 1. It possesses legal authority to apply for the grant, and to finance and construct any proposed facilities; that, where appropriate, 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 an application, and authorizing one or more persons as the official representative(s) of the applicant to act in connection with the application and to provide. additional information that may be required. 2. It will have sufficient funds available to meet its own share of the cost for projects. Sufficient funds will be available when the project is completed to assure the effective, operation and maintenance of any facilities for the purposes constructed. 3. It holds or will hold sufficient title, interest, or rights in the property on which the project will occur to enable it to undertake lawful development and construction of the project. (Documentation may be requested by the Executive Officer of the Conservancy.) 4. It will not dispose of or encumber its title, interest, or other rights in the site and facilities, except as permitted by the Conservancy. 5. It will give the Conservancy, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the Conservancy's grant. 6. It will cause work on the project to be commenced within a reasonable time after receipt of notification from the Conservancy that funds have been approved, and the project will be carried to completion with reasonable diligence. 7. It will, where appropriate, comply with the requirements of the State Government Code 7260 et seq., which provides for equitable treatment and relocation assistance for persons displaced by eminent domain. 8. It will, where appropriate, comply with the requirements of the California Environmental Quality Act. 9. It will comply with all requirements imposed by the Conservancy concerning special provisions of law, and program requirements. Resolution No. 2005 -121 Exhibit A