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HomeMy WebLinkAboutCC RESO 2001 - 95RESOLUTION NO. 2001 — 95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE APPLICATION, ASSURANCES AND MITIGATION PROGRAM FOR GRANT FUNDS UNDER THE COASTAL CONSERVANCY ENHANCEMENT PROGRAM WHEREAS, the Legislature has established the State Coastal Conservancy (pursuant to Public Resources Code 31000-314000) and authorized it to award grants to local public agencies and nonprofit organizations for the enhancement of coastal resources; and WHEREAS, the grants are awarded pursuant to guidelines established by the State Coastal Conservancy for determination of project eligibility for funds; and WHEREAS, funds from the State Coastal Conservancy will be used for the mitigation of Paradise Creek Park, as described in the attached Exhibit "A"; WHEREAS, the procedures established by the Coastal Conservancy require the applicant to certify by resolution approval of the application and listed assurances prior to submission of this application to the State. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby: 1. Approves the filing of an application for funding under the State Coastal Conservancy's Resource Enhancement Program; 2. Authorizes the Mayor to execute the Conservancy Agreement and approves its terms and conditions; 3. Agrees to the List of Assurances, attached hereto as Exhibit "B"; 4. Has or will have sufficient funds to operate and maintain the funded project(s); 5. Agrees to provide any funds needed beyond the grant requested to complete the project(s) funded under this program through the allocation of uncommitted funds; and 6. Authorizes the City Manager to act as a representative of the City to negotiate and execute all agreements necessary to comply with the Coastal conservancy's grant requirements. -- Signature Page to Follow -- Resolution No. 2001 - 95 June 19, 2001 Page Two PASSED and ADOPTED this 19th day of June, 2001. George H. Waters, Mayor ATTEST: A � Q el R. Dall i Mich MiCity Clerk APPROVED AS TO FORM: George H. "Eiser, III City Attorney Resolution No. 2001 - 95 PARADISE CREEK ENHANCEMENT PLAN RESOURCE ENHANCEMENT ELEMENTS MITIGATION AND MONITORING PROGRAM The Mitigation and Monitoring Program for the Paradise Creek Enhancement Plan to be carried out by the City of National City consists of the following features designed to reduce or mitigate significant impacts of the proposed resource enhancement project elements. 1) POTENTIAL SIGNIFICANT IMPACT Biological and Water Resources — Construction Impacts: A. Prior to project commencement, the City of National City will contact the California Department of Fish and Game and consult with the Department on appropriate actions (including handling and interim storage) for salvaging for reuse on the site the vegetation and soils of the .07 acres of salt marsh that will be impacted as a result of construction activities. B. The City of National City will limit grading of the proposed wetland/enhancement areas to the dry season (June and July). All areas to be graded will be marked (stakes, flagging, or gypsum) by a Restoration. Specialist. A grading plan will be created to ensure the proper soils and hydrology and to protect water quality. • C. To mitigate disturbance of existing wetlands, the City of National City will create new wetlands on site at a ration of 8.5:1. D. The City of National City shall ensure that soils in areas affected by demolition, grading, or temporary access within the wetland habitat will be decompacted and left in a plantable state. E. The City of National City shall ensure that all recontouring within the wetland will be performed in a manner to maintain established tidal flows. 2) POTENTIAL SIGNIFICANT IMPACT - Biological Resources — Streambed Alteration: Prior to the commencement of any activity that will divert, obstruct, or change the natural flow or the bed, channel, or bank (which may include associated riparian resources) of Paradise Creek, or use material from the streambed, the California Department of Fish and Game shall be provided a Streambed Alteration Agreement pursuant to Section 1600 et. seq. of the Fish and Game Code. The document will fully identify impacts to Paradise Creek and associated resources and identify adequate avoidance, mitigation, monitoring and reporting commitments. Monitoring/Maintenance/Success Criteria See the attached two pages, pp. 26-17 from the Paradise Creek Enhancement Plan. Exhibit "A" Resolution No. 2001 - 95 LIST OF ASSURANCES The City of National City (the "City") hereby assures and certifies that it will comply with State Coastal Conservancy regulations, policies, guidelines, and requirements as they relate to the acceptance and use of Conservancy funds for this project. Also the City 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 the proposed facilities; that, where appropriate, a resolution and motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. Sufficient funds will be available when the project is completed to assure the effective, operation and maintenance of the facility for the purposes constructed. 3. It holds sufficient title or interest in the property to enable it to undertake lawful development and construction of the project. 4. It will not dispose of or encumber its title or other interest 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 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 California Environmental Quality Act. 8. It will comply with all requirements imposed by the Conservancy concerning special provisions of law, and program requirements. Exhibit "B"