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RPVCCA_SR_2010_02_16_08_State_Grant_ApplicationCITY OF RANCHO PALOS VERDES TO:HONORABLE MAYOR &CITY COUNCIL MEMB S FROM: DATE: JOEL ROJAS,AICP,COMMUNITY FEBRUARY 16,2010 MENT DIRECTOR SUBJECT:CLARIFICATION OF A PREVIOUSLY ADOPTED CITY COUNCIL RESOLUTION RELATED TO A STATE GRANT APPLICATION REVIEWED:CAROLYN LEHR,CITY MANAGER G.9-- Project Manager:Ara Michael Mihranian,AICP,Principal Plannerk. RECOMMENDATION Adopt Resolution No.2010-_approving a minor amendment to previously adopted Council Resolution No.2009-68 to clarify that the City Council and not the Palos Verdes Peninsula Land Conservancy is the grantee for a grant application to the State's Habitat Conservation Fund for trail and habitat restoration at the Portuguese Bend Reserve. BACKGROUND The Habitat Conservation Fund (HCF)Program allocates approximately $2 million per year to the California Department of Parks and Recreation to provide grants to local entities to protect fish,wildlife,and native plant resources,to acquire or develop wildlife corridors and trails,and to provide for nature interpretation programs and other programs which bring urban residents into park and wildlife areas. On September 15,2009,the City Council adopted resolution No.2009-68 authorizing the Palos Verdes Peninsula Land Conservancy (PVPLC),on behalf of the City of Rancho Palos Verdes,to submit a grant application for the State's Habitat Conservation Fund for trail and habitat restoration to the area damaged by the recent fire at the Portuguese Bend Reserve.In accordance to the criteria,the grant application was filed by the PVPLC on October 1,2009. On December 16,2009,the PVPLC received a letter from the State of California Department of Parks and Recreation,administering the grant,requesting additional information.Among the items listed in the letter,the State representatives are requesting that the City Council adopted resolution be amended to clarify that the City,rather than the PVPLC,is the grantee.As such,Staff recommends that the City Council adopt the 8-1 attached resolution that amends the original authorizing Resolution as requested by the State. DISCUSSION The City Council adopted Resolution No.2009-68,authorizing the PVPLC to file the HCF grant application on behalf of the City,included the following clause: Delegates the authority to Palos Verdes Peninsula Land Conservancy,on behalf of the City of Rancho Palos VerdesJ.to conduct all negotiations, execute and submit all documents,including,but not limited to Applications, agreements,amendments,payment requests and so on,which may be necessary for the completion of the Project. In reviewing the City's application,the State representatives administering the HCF grant informed the PVPLC that the above clause cited in the adopted City Council Resolution implies that the PVPLC is the grantee,when the City is the grantee.As such,the State representatives are requiring that the resolution be modified by deleting the above clause as shown in the attached resolution. If awarded,the grant money will be issued to the City.The PVPLC will manage the restoration work as a subcontractor to the City by providing monthly invoices.The City will reimburse the PVPLC with the grant money it receives.It is also worth noting that the grant requires a 50%non-state matching fund.The PVPLC will provide the matching fund, as stated in the attached letter.Invoices submitted to the City from the PVPLC will not include the matching funds.Furthermore,in order to cover costs incurred by City Staff for its management of the grant and the restoration project,the City will receive a total of 1% percent of the awarded grant.The grant amount requested for the restoration project is $200,000.00 of which the PVPLC will provide $100,000.00 as the matching fund.The City will receive 1%for administration costs totally $2,000.00 It should also be pointed out that the State representatives are also requesting that the new resolution not list the Mayor's and City Clerk's names,but be limited to only listing the titles.Staff will inform the State that the names and titles must remain on the resolution in order to be valid. FISCAL IMPACT As reported in the September 15,2009 Staff Report,there is no fiscal impact to the City. The grant requires a 50%matching fund and the PVPLC will provide the matching fund. Moreover,costs incurred by City Staff for administering the restoration project will be recovered by a 1%administration fee of the total grant amount ($2,000). ATTACHMENTS •Draft Resolution 2010- 8-2 RESOLUTION NO.2010-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE FILING OF AN APPLICATION FOR GRANT FUNDS FROM THE STATE'S HABITAT CONSERVATION FUND PROGRAM FOR TRAIL AND HABITAT RESTORATION AT THE PORTUGUESE BEND RESERVE SUBAREA OF THE GREATER PALOS VERDES NATURE PRESERVE. WHEREAS,the people of the State of California have enacted the California Wildlife Protection Act of 1990,which provides funds to the State of California for grants to local agencies to acquire,enhance,restore or develop facilities for public recreation and fish and wildlife habitat protection purposes;and WHEREAS,the State Department of Parks and Recreation has been delegated the responsibility for the administration of the HCF Program,setting up necessary procedures governing Project Application under the HCF Program;and WHEREAS,said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of Application(s) before submission of said Application(s)to the State;and, WHEREAS,.Pursuant to the provisions of the California Environmental Quality Act ("CEQA"),Public Resources Code Sections 21000 et.seq.,the State CEQA Guidelines,California Code of Regulations,Title 14,Sections 15000 et.seq.,the City's Local CEQA Guidelines,and Government Code Section 65952.5(e)(Hazardous Waste and Substances Statement),the City Council of the City of Rancho Palos Verdes has determined that the restoration of the damaged trails and habitat caused by the recent fire do not result in new or the intensification of environmental impacts in that no new trails will be constructed and no new swathes of habitat will be created.Therefore,the restoration project is Categorically Exempt pursuant to Class 1,Existing Facilities,and Class 4,Minor Alterations to Land;and, WHEREAS,on September 15,2009,the City Council adopted Resolution No. 2009-68 authorizing the filing of the application for the HCF grant and hereby amends that resolution clarifying that the City is the grantee;and, WHEREAS,the Applicant will enter into a Contract with the State of California to complete the Project;and, NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES: 1.Approves the filing of an Application for the Habitat Conservation Fund Program;and 8-3 2.Certifies that said Applicant has or will have available,prior to commencement of any work on the Project included in this Application,the required match and sufficient funds to complete the Project;and 3.Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project(s),and 4.Certifies that said Applicant shall prepare,with full public participation,a management plan for lands that have been acquired with HCF funds,which plan shall reasonably reduce possible conflicts with neighboring land use and landowners,including agriculturists;and 5.Certifies that the Applicant has reviewed,understands,and agrees to the General Provisions contained in the Contract shown in the Procedural Guide;and 6.Agrees to comply with all applicable federal,state and local laws, ordinances,rules,regulations and guidelines. PASSED,APPROVED,AND ADOPTED the 16 th day of February,2010. Mayor ATTEST: City Clerk State of California ) County of Los Angeles )ss City of Rancho Palos Verdes ) I,Carla Morreale,City Clerk of the City of Rancho Palos Verdes,hereby certify that the above Resolution No.2009-_was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on February 16,2010. City Clerk Resolution No.2010-_ Page 2 of28-4