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RPVCCA_SR_2010_09_21_03_Clarification_Of_Previously_Adopted_Reso_Related_To_A_State_Grant_ApplicationCrrvOF RANCHO PALOS VERDES TO: FROM: DATE: HONORABLE MAYOR &CITY COUNCIL MEMBERS JOEL ROJAS,AICP,COMMUNITY DEVELOPMENT DIRIC:!"l\O:r- SEPTEMBER 21,2010 (j)4.l\ SUBJECT:CLARIFICATION OF A PREVIOUSLY ADOPTED CITY COUNCIL RESOLUTION RELATED TO A STATE GRANT APPLICATION REVIEWED:CAROLYN LEHR,CITY MANAGERID~r ~L. Project Manager:Ara Michael Mihranian,AICP,Principal Plann~ RECOMMENDATION Adopt Resolution No.2010-_approving a minor amendment to previously adopted Council Resolution No.2010-11 to clarify that the Community Development Director is authorized to administer the grant on behalf of the City of Rancho Palos Verdes. 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 2009 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,the agency responsible for 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 c1arifythatthe City,rather than the PVPLC,is the grantee.As such,on February 16,2010, the Council adopted Resolution No.2010-11 clarifying that the City of Rancho Palos Verdes and not the Palos Verdes Peninsula Land Conservancy (PVPLC)is the grantee. 3-1 On June 17,2010,the City received notification from the State of California Department of Parks and Recreation that the trail and habitat restoration project at the fire damaged Portuguese Bend Reserve has been awarded the HCF grant.However,as a technicality, the State is requiring that the Council adopted resolution once again be amended to clarify that the Community Development Director is authorized to administer the grant on behalf of the City of Rancho Palos Verdes.As such,Staff recommends that the City Council adopt the attached resolution that amends the most recent authorizing Resolution as requested by the State. DISCUSSION At the request of the State awarding the HCF grant to the City,the City Council adopted Resolution No.2010-11,is proposed to be amended by adding the following clause (listed as item no.6): Delegates the authority to the Community Development Director 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;and, It should be noted that the above clause was in the original Resolution (2009-68) adopted by the City Council on September 15,2009,but the Resolution listed the PVPLC as the designated grantee rather than the City.Because the original resolution implied that the PVPLC would be the grantee,when the City is the grantee,the original clause was deleted at the request of the State.The original clause is now being reinstated in the attached resolution,but with language which designates the Community Development Director as the designated grantee on behalf of the City as described in the attached resolution. As previously reported to the Council,the awarded 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.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 retain 1%percent of the awarded grant.The grant amount awarded for the restoration project is $200,000.00 of which the PVPLC will provide $100,000.00 as the matching fund.The City will retain 1% for administration costs totally $2,000.00 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). 3-2 ATTACHMENTS •Draft Resolution 2010- 3-3 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, WHEREAS,on February 16,2010,the City Council adopted Resolution No.2010- 11 amending Resolution No.2009-68 by clarifying that the City of Rancho Palos Verdes is the grantee;and, WHEREAS,the City Council hereby amends the Council adopted Resolutions to further clarify that the Community Development Director is authorized to administer the grant on behalf of the City of Rancho Palos Verdes;and, WHEREAS,the Applicant will enter into a Contract with the State of California to complete the Project;and, 3-4 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 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; 6.Delegates the authority to the Community Development Director 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;and, 7.Agrees to comply with all applicable federal,state and local laws, ordinances,rules,regulations and guidelines. PASSED,APPROVED,AND ADOPTED the 21 st day of September,2010. Mayor ATTEST: City Clerk State of California ) County of Los Angeles )ss City of Rancho Palos Verdes ) Resolution No.2010-_ Page 2 of 3 3-5 I,Carla Morreale,City Clerk of the City of Rancho Palos Verdes,hereby certify that the above Resolution No.2010-_was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on September 21,2010. City Clerk Resolution No.2010-_ Page 3 of 3 3-6