TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT
DATE: NOVEMBER 15, 2005
SUBJECT: GRANT FUNDS FROM THE CALIFORNIA STATE COASTAL CONSERVANCY (SCC) FOR THE PURCHASE OF REAL PROPERTY
1) Adopt City Council Resolution No. 2005-__, approving the application and assurances for $1.55 million in grant funds from the California State Coastal Conservancy (SCC) for the purchase of the "Portuguese Bend" and "Agua Amarga Canyon" properties; 2) Authorize execution of the SCC grant agreement, including approval of all terms and conditions; and 3) Approve an irrevocable Offer to Dedicate, agreeing to dedicate said land for public use.
On October 27, 2005, the California State Coastal Conservancy authorized the disbursement of $1,550,000 to the City toward the acquisition of the "Portuguese Bend" and "Agua Amarga Canyon" properties. The acquisition of these properties is critical for creating the Portuguese Bend Nature Preserve, which will be part of the City’s larger NCCP habitat preserve.
Staff has recently been contacted by SCC staff and given a list of items that must be submitted by the City in order for SCC to disburse the funds as authorized. A few of the items require City Council review and authorization. These items are described below.
Adoption of a Resolution approving the SCC grant application and assurances
The SCC needs the City Council to adopt a resolution approving the application for SCC grant funds and the list of assurances. Staff received a sample resolution from the SCC and has converted it into a City Council resolution, with SCC’s list of assurances attached as the resolution’s Exhibit "A" (attached). Staff and the City Attorney have reviewed the resolution and list of assurances and no concerns have been noted.
Authorization to execute the SCC grant agreement
The SCC is requesting that the City Council authorize execution of the grant agreement and approve its terms and conditions. A model grant agreement was transmitted to Staff for its review (attached). According to SCC staff, the model agreement is the same as the actual agreement, except the actual agreement will include the details relevant to this acquisition. Staff and the City Attorney have reviewed the SCC’s model agreement and no concerns have been noted. The actual agreement will be received later this week, reviewed by the City Attorney and transmitted to the City Council under separate cover.
Approval of an irrevocable Offer to Dedicate said land for public use
The SCC needs the City to enter into an irrevocable offer to dedicate the acquisition properties for public use. According to the SCC, the signed offer to dedicate will need to be recorded by the City concurrently with the instrument conveying title to the real property. The offer to dedicate will be received later this week, reviewed by the City Attorney and transmitted to the City Council under separate cover.
Director of Planning, Building, and Code Enforcement
CC Resolution 2005-__
Draft Model Agreement (actual agreement to be transmitted under separate cover)
Offer to Dedicate (to be transmitted under separate cover)
RESOLUTION NO. 2005-
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 City Council authorizes any 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.
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-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on November 15, 2005.
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.