HomeMy WebLinkAbout1976-02-03; City Council; Resolution 38461
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RESOLUTION NO. 3846
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CALIFORNIA COASTAL ZONE
CONSERVATION COMMISSION FOR PREPARATION OF AGUA HEDIONDA SPECIFIC PLAN AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
~~
The City Council of the City of Carlsbad, California does hereby resolve
as follows:
1) That that certain agreement between the City of Carlsbad and
California Coastal Zone Conservation Commission for preparation of Agua
Hedionda Specific Plan, a copy of which is attac:hed hereto marked Exhibit A
and incorporated herein by reference, is hereby approved.
2) That the City Manager of the City of Carlsbad is hereby authorized
and directed to execute said agreement for and on behalf of the City of Carlsbac
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad, California, held on the - 3rd
1976, by the following vote, to wit:
day of February ,
AYES : Councilmen Frazee, Chase, Lewis, Skotnicki and
NOES: None
Councilwoman Casler
ABSENT: None
ATTEST:
A
(SEAL)
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. STANDARD AGREEMENT NUMBER R7-75-
RESOLUTIONS
The attached resolution statements from the respective policy-making bodies
of the contracting parties which indicate the authorization of this Agreement by those bodies is hereby incorporated into and made an integral part of this Agreement.
STATEMENT OF ASSURANCES
The attached statement of assurances is hereby incorporated into and made an
integral part of this Agreement.
FEDERAL MANAGEMEIJT CIRCULARS (FMC)
FMC 74-4: Cost principles applicable to grants an^ contracts w th State and
local governments, and FMC 74-7: Uniform administrative requirements for grants-in-aid to State and local governments are hereby incorporated into
this Agreement by reference and made an integral part of this Agreement as
if they were attached.
FAIR EMPLOYMENT PRACTICES ADDENDUM
The attached copy of State Standard Form 3, Fair Employment Practices Addendum
is hereby incorporated into and made an integral part of this Agreement.
This Agreement is funded from a third development grant from the National Oceanic and Atmospheric Administration to the California Coastal Zone Conservation Commis-
sion, and is subject to all of the conditions of that grant.
CONTRACTOR'S MATCHING SHARE
The Contrac-tor agrees to match the State's sub grant, either in cash or in kind,
in an amount equal to fifty percent, (5%) of the State's sub grant to the
Contractor. and 1/3 local government basis. This arrangement will fund this Agreement on a 2/3?s Federal/State
*-
* STANDARD AGREEMENT NUMBER R7-75-
COMPENSATION (continued)
dollars and no cents, payable as invoiced according to the attached Annual Work Program Summary and
Payment Schedule, which is hereby incorporated into and made an integral part
of this Agreement.
Planning and Research and shall be in triplicate and shall contain the follow-
ing items: the Contractor's complete name and address; the Agreement number;
a brief but itemized statement as to the nature of the invoice; the amount of the invoice; any necessary cross references to the Annual Work Program Summarx
and Payment Schedule; and the original signature of an authorized officer or official of the Contractor.
Each invoice shall be approved by the State's Office of
TIME OF PERFORMANCE AND CANCELLATION
The term of this Agreement is from January 1, 1976 through September 30, 1976 unless it is cancelled by either party with or without the consent of the other
but, with ten (10) working days notice from the withdrawing party to the remaining
Party,
In the event of cancellation, the State will be responsible for any reasonable debt incurred by the Contractor in the performance of this Agreement up to the effective date and hour of cancellation and to the monetary limit of the Agree- ment.
AUTHORITY
Section 27240 of the Public Resources Code provides that:
"The Commission and each Regional Commission may: . . ' .(b) Contract for any professional services if such work or services cannot satisfactorily be performed by its employees; . . . 0
APPROVALS
This Agreement is subject to the advanced review and approval of the State's
Department of Finance, and the Department of General Services. It is exempt
from the approval of the State Personnel Board.
RESOLUTION STATEMENT
At its regularly scheduled meeting of Wednesday, January 7, 1976 the State Commission of the California Coastal Zone Conservation Com- mission authorized the execution of ten Agreements between the Commis- sion and the public agencies which follow and for the amounts indicated after each agency.
State of California, Office of Planning and Research - $4,000.00;
City of Trinidad - $20,000.00;
Marin County - $30,000.00;
City of Santa Cruz - $22,000.00;
Santa Barbara County - $24,000.00;
City of Laguna Beach - $28,000.00;
City of Chula Vista - $9,000.00;
Monterey County - $19,000.00;
City of Santa Monica - $22,000.00; and
City of Carlsbad - $16,000.00.
The purpose of these Agreements is to assist local governments
with the revisions of their General Plans, Codes, and Ordinances so
that they will be in agreement with the California Coastal Zone
Conservation Plan.
I certify that the above is true and correct to the best of my knowledge and belief.
f
JOSEPH E. BOWVITZ Executive Director
4
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PAR.T IV
ASSU R AbJCES
Th; Applicant hereby assures 2nd certifies that he will comply with :he rcgulaiions. policies, guidelines. and requirements
inc!:_idiny oh18 Circular No. A,95 c.ld FMCS 74 $ md 7:!.7, ss thry rt.la:e to tile ~~ilIicat;oi~,~cce~i5r?ce and us? of Federal
furids for this Feds:jlly assisted project. Also the Applicant assures and certifies with respct to the Grant that:
1.
2.
i I
It possesses legal azthority to apply for the grant; that a
roso:ution, mo?ion or similar action has been duly
aciopted or paswd its an official act ,of tha appiicant's
govzrning body, authorizing ihe fiiing of the application,
including all undzrstandings and assurances contained
therein, and dirscti-g and au:horizir?g the person identi-
fied 2s the official representative of the applicant to act
in connection with the appiication and to provide such
additional information as may be required.
It will comply with TiTle VI of the Civil Rights Act of
1954 (P.L. 88-352) and in accordance with Title VI of
that Act, no person in thz Unhd Staies shall, on the
ground of race, color, or national origin, bz excluded
from participation in, be denied the benefits of, or be
otherwise subjected io discriminaEion under any pro-
gram or activity fsr ivhic'n ths applicant receives Federal
financial assisiance and will immeiiate!y take any mea-
sures n9cessary to ifitctuaie This agreement.
it wit1 comply with Title Vt of the Civil Rights Act of
1964 (17 USC 2500d) prch;bi:ing employment discrimi-
nation where (11 the grizlzry purpose of a grant is to
provid; employnenr cr (3) LtiscriminaTory employment
practices wiil rzsuli in tinequai t:eatment of persons who t:e or should ba bweiiting from the grant-aided activity.
It >,*iili comply with requil-$vents of Ti;li II 2nd Ti3e Ill
of the Uniform Rs!ocation AssiSancF: and Reai PrGperty
Acquisitions Act of 1970 (P.L. 91.646) :vhich providzs
for fair 2nd equitabl; treatment of persons ilijplacedhs a
result of Feckral and federally assisted prograins.
It will comply with the provisions of the Ha?& Ac;
which limit the political actiuiiy of employees.
It will comply with the minimum wage and maximum
hours provisions of the Federal Fsir Labor Stmdsrds
Act, as they apply to hospital and educational institu-
tion employees of State and local governments.
It will estabiish safeguards to prohibit employees from
using their positions for a ptirposa that is or gives the
appearance of being motivated by a dqsire for private
gain for themselves or others, particularly those with
whom they have family, business, or oiher ties.
IC will give the grantor agency cr the Comptroller Gen-
eral through any authorized reprasentati,Je the access to
documents reFa:ed io the grant.
It will comply wiih al! requi:emei:ts iaposed by the
Federal Grantor agency concwning specia; recuiremer.ts
of law, program reci:i;rements, and other admiriistr3tive
requirements approved in accordance with F:K 74- 7.
and the right to examine all records, books, papers, cr ._
Exhibit X-5. Application for Federal Assistance (Short Form)
(Page 5 of 5)
34 '
FAIR EMPLOYMFXT PRACTICES ADDENDUM
1. In the performance of this contract, the Contractor will not discriminate
against any employee or applicant for employment because of race, color, reli-
gion, ancestry, sex, age*, or national origin. The Contractor will take affirm-
ative action to ensure that applicants are employed, a.nd that employees are
treated during employment, without regard to their race, color, religion, an-
cestry, sex, age, or national origin. Such action shall inclucle, but not be
limited to, the following: employment, upgrading, demotion or transfer: recruit-
ment or recruitment advertising; layoff or termination: rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The Contractor shall post in conspicuous places, available to eqloyees and
applicants for employment, notices to be provided by the State setting forth
the provisions of this Fair Employment Practices section.
2. The Contractor will permit access to his records of employment, employment
advertisements, application forms, and other pertinent data and. records by the
State Fair Employment Practices Commission, or any other agency of the State of
California designated by the awarding authority, for the purposes of investiga-
tion to ascertain compliance with the Fair Employment Practices section of this
contract.
3. Remedies for Willful Violation:
The State may determine a willful violation of the Fair Employment
Practices provision to have occurred upon receipt of a final judg- ment having that effect from a court in an action to which Contrac-
tor was a party, or upon receipt of a written notice from the Fair
Employment Practices Commission that it has investigated and deter-
mined that the Contractor has violated the Fair Employment Practices
Act and has issued an order, under Labor Code Section 1426, which has
become final, or obtained an injunction under Labor Code Section 1429.
For willful violation of this Fair Employment Practices provision,
the State shall have the right to terminate this contract either in
whole or in part, and any loss or damage sustained by the State in
securing the goods or services hereunder shall be borne and paid for
by the Contractor and by his surety und.er the performance bond, if
any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price
named in the contract and the actual cost thereof to the State.
* "It is unlawful employment practice for an employer to refuse to hire or
employ, or to discharge, dismiss, reduce, suspend, or demote, any indivi-
dual between the ages of 40 and 64 solely on the ground of age, ..." (Labor
Code Section 1420.1)
STD. 3 (Rev. 8/73)
WORK PROGRAM
Carlsbad: Agua Hedionda Lagoon Area Coastal Plan
Pilot Implementation Program
ISSUES. PROBLEMS ALUD OPPORTUNITIES
The cities and counties within the coastal resource management area must
bring their general plans into conformity with the Coastal Plan. It is
the purpose of the Coastal Commission's pilot program to fund specified
communities in undertaking the planning process necessary to achieve con-
formity between local plans and the Coastal Plan. In this regard, the
City of Carlsbad has developed the following program to undertake a
comprehensive effort to bring its plan for the Agua Hedionda Lagoon area
into compliance with the Coastal Plan.
The goal of this study is to develop a plan for the Agua Hedionda Lagoon
area which is in conformance with the Coastal Plan. To accomplish this
goal, the following program will be undertaken. .
PROGRAM SUBCATEGORY 100: Comparison of the Coastal Plan to Local Plans
and Ordinances
Objective
To identify the differences between the Coastal Plan and the existing General
Plan as their policies apply to the Agua Hedionda Lagoon area.
Major Work Elements
1. Delineate study area boundary.
2. Review Coastal Plan and identify applicable Coastal policies which
affect the Agua Hedionda Lagoon study.
3. Identify city plans and policies affecting study area which are
.impacted by Coastal Plan.
4. Determine specific plan parameters including environmental impacts.
Products and Results
1. A statement identifying specific study area.
2. A working document identifying local impacts of Coastal Plan
on. the study area.
WORK PROGRAM e . Carlsbad: Agua ionda Lagoon Area Coastal Pla a ..
Page 2
Estimated Cost and Manpower
Man-Weeks
Staff
Consultant
Total
Source of Funds
Local
Federal CZM
Total
1
1
$ 250
500
$ 750
costs
$ 750
$ 750
WORK PROGRAM .. ' Carlsbad: Agua eionda Lagoon Area Coastal Plae
Page 3
PROGRAM SUBCATEGORY 200: Development of Planning Options
Objective
To develop and analyze planning option for study area consistent with
the Coastal Plan.
Maior Work Elements
1. Based on the planning context for local implementation, develop
alternative plan proposals.
2. Analyze impacts of these options by environmental impact, local
issues and Coastal Plan policies.
3. Present planning alternatives to City Planning Commission and
City Council.
Products and Results
1. A working report identifying the planning options and analyzing
their impact.
2. Selection of options of decisionmakers.
Estimated Cost and Manpower
Man-weeks costs
Staff
Consultant
Total
Source of Funds
Local
Federal CZM
17 $10,500
17 $10,500
$ 2,500
8,000
$10,500 Total
WORK PROGRAM Carlsbad: Agua ionda Lagoon Area Coastal Plat
Page 4
PROGRAM SUBCATEGORY 300: Refine Selected Solutions and Develop Necessary
Plans
Ob j ec t ive
To prepare a specific concept plan containing needed reconciliation between
the City's interest and the Coastal Plan.
Major Work Elements
1. Detail and refine chosen alternatives.
2. Seek revi.ew of preferred alternative by Planning Commission, City
Council and Coastal Commission.
3. Draft the concept plan, taking into account environmental considerations.
Products and Results
1. A report on preferred alternatives.
2.
Estimated Cost and Manpower
A draft of concept plan including EIR.
Man-weeks
- Staff 1&
Consultant
Total
Source of Funds
14
Lo c a1 $ 4,000
Fed.era1 CZM 4 , 500
Total $ 8,500
costs
$ 8,500
-
$ 8,500
WORK PROGRAM
Carlsbad: Aguaeionda Lagoon Area Coastal Pla
Page 5 0
PROGRAM SUBCATEGORY 400:
Object,ive
Implementation of Certification Process
To adopt the specific plan for the Agua Hedionda Lagoon Area and to
have it endorsed by Regional Coastal Commission.
Major Work Elements ,
1. Hold public hearings on proposed concept plan.
2. City Council review.
3. Staff revisions if required.
4. City Council adoption.
5. Submission of plan to Regional Coastal Commission for review and
endorsement.
Products and Results
1. An adopted specific plan for Agua Hedionda'Lagoon Area ready for
official certification under Coastal Plan provisions.
2. Certified EIR
Estimated Cost and Manpower
Staff
Consult ant
Total
Source of Funds
Local
Federal CZM
. Total
Man-Vee ks
7
7
$ 1,250
3,000
$ 4,250
cos t s
$ 4,250
$ 4,250
lmf
1-13-76
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ANPSUAL Kl RK PROGRAM SUMMARY AND PAYMENT SCCIEDULE
NAME OF JURISDICTION: City of Carlsbad CZM: 76-1
PROJECT TITLE: Pilot Project--Agua Hedionda Lagoon Area
DATE: January 1, 1976 - September 30, 1976
ANNUAL WORK PROGW SUMMARY
PROGRAM SUBCATEGORY (Reference No. and Title)
100 COMPARISON OF COASTAL PLAN AND LOCAL PLANS
200 DEVELOPMENT OF ALTERNATIVE SOLUTIONS
300 REFINE SELECTED SOLUTIONS
..
400 IMPLEMENTATION OF CERTIFICATION PROCESS
TOTAL ESTIMATED COST
PAYMENT SCHEDULE
Estimated
cost
$ 750
10,500
8,500
4,250
24,000
TOTAL ALLOWABLE PAWENT (Equals Grant Award) -
~
Allowable
Payment
$ 500
8,000
4,500
3,000
L6,OOO
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