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<br />Pursuant to Title XIV, California Code of Regulations ("CCR") S 735.5(c)(1), the <br />City Council has determined that, after considering the record as a whole, there is no <br />evidence that the proposed project will have the potential for any adverse effect on wildlife <br />resources or the ecological habitat upon which wildlife resources depend. The proposed <br />project exists in an urban environment characterized by paved concrete, roadways, <br />surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code <br />S 711.2 and Title XIV, CCR S 735.5(a)(3), the payment of Fish and Game Department <br />filing fees is not required in conjunction with this project. <br /> <br />Section 3. The City Council hereby consents to the payment by the Agency of <br />up to $445,900 in Agency funds from the Merged Project Area for this publicly owned <br />improvement, in accordance with that certain Cooperative Agreement between the <br />Agency and the City. <br /> <br />Section 4. The City Manager is hereby authorized to take all steps, and to sign <br />all documents and instruments necessary to implement and carry out the Resolution on <br />behalf of the City. <br /> <br />Section 5. The Clerk of the Council shall attest to and certify the vote adopting <br />this Resolution. <br /> <br />ADOPTED this <br /> <br />day of <br /> <br />,2006. <br /> <br />Miguel A. Pulido <br />Mayor <br /> <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher, City Attorney <br /> <br />By: <br />Benjamin Kaufman <br />Chief Assistant City Attorney <br /> <br />3 <br /> <br />80A-11 <br />