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HomeMy WebLinkAboutCC RESO 2005 - 206RESOLUTION NO. 2005 — 206 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE APPLICATIONS, ASSURANCES AND MITIGATION PROGRAM FOR GRANT FUNDS UNDER THE COASTAL CONSERVANCY ENHANCEMENT PROGRAM, AND ACCEPTING THE FUNDS FOR THE CONSTRUCTION OF THE PARADISE CREEK EDUCATIONAL PARK PROJECT WHEREAS, pursuant to Public Resources Code 31000-314000, the Legislature established the State Coastal Conservancy and authorized it to award grants to local public agencies and non-profit organizations for the enhancement of coastal resources; and WHEREAS, the grants are awarded pursuant to guidelines established by the Coastal Conservancy for determination of project eligibility for funds; and 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 execution of the Conservancy agreement and approves its terms and conditions; 3. Agrees to the List of Assurances attached hereto as Exhibit "A"; 4. Has or will have sufficient funds to operate and maintain the funded project; 5. 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 6. Authorizes the Community Services Director to act as a representative of the City to negotiate and execute all agreements necessary to comply with the Coastal Conservancy's grant requirements. PASSED and ADOPTED this 20`h day of September, 2005. /IA Nick Inz ., .yor ATTEST: APPROVED AS TO FORM: Michael Dall / City Clerk George H. Eiser, Ill City Attorney 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 "A"