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HomeMy WebLinkAbout1986-07-22; City Council; Resolution 87051 2 3 4 5 6 7 €3 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e RESOLUTION NO. 8705 A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AMENDMENT TO RESOLUTION NO. 8439 TO INCLUDE A LIST OF ASSURANCES REQUIRED BY THE COASTAL CONSERVANCY TO APPROVE GRANT FUNDS UNDER THE COASTAL CONSERVANCY ACCESS GRANTS PROGRAM FOR THE BEECH STREET BEACH ACCESS. WHEREAS, an Amendment to Resolution No. 8439 is required to include a list of assurance for grant funds under the Coastal Conservancy Access Grants Program before approval by the Conservanc: Board can be received; and WHEREAS, City acceptance of the offer of dedication of the Beech Street easement is contingent upon grant funding for a stairway facility and; WHEREAS, the Legislature has established the State Coastal Conservancy (pursuant to Public Resources Code 31000-31400) and authorized it to award grants to local public agencies for the acquisition and development of coastal accessways; and WHEREAS, the grants are awarded pursuant to Guidelines sstablished by the Coastal Conservancy for determination of project sligibility for funds; and WHEREAS, said procedures established by the Coastal Zonservancy require the applicant to certify by resolution the spproval of applications and listed assurances prior to submission 3f said applications to the State; NOW, THERFORE, BE IT RESOLVED that the City Council of the City of Carlsbad hereby approves amending Resolution No. 8439 to include the following: // 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Approves the filing of an application for funding under the State Coastal Conservancy's Access Grants Program; and 2. Certifies that said agency agrees to the assurances, a copy of which is attached hereto as Exhibit A and made a part thereof; and 3. Certifies that said agency has or willmhave sufficient funds to operate and maintain the project(s) funded under this program; 4. 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 22nd day of July , 1986 by the following vote to wit: AYES: Council Members Casler, Lewis, Kulchin and Pettine NOES: None ABSENT : Council Member Chick d- &Le.Q+/ MARY H., CASLER, Mayor ATTEST : (SEAL) 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- gives a~swance and certifies with respect to the grant thatr 1. It possesses legal authority to apply for the grantr and to finance and construct the proposed facilities1 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 the applicatioz, including all understandings and assurances contained therein, and directing 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. Also, the applicant 2. for projects. to assure the effective operation and maintenance of the facility for the purposes constructed. It will have sufficient funds available to met its own share of the cost sufficient funds will be available when the project is completed 3. undertake lawful development and construction of the project. Except in the case where the Grantee is acquiring an interest in the property as a part of the project development euch title documentation shall be reviewed by the Executive Officer of the Consemancy. 4. site and facilities except as permitted by the Conservancy. It holds sufficient title or interest in the property to enable it to It will not dispose of or encumber its title or other interests in the 5- access to and the right to exane all records, hoke, papers, or documents related to the grant. ft will give the Conservancy, through any authorized representativer 6. after receipt of notification from the Conservancy that funds havae been approved and that the project will be carried to caupletion with reasonable diligence. It will cause work on the project to be commenced within a reasonable time 7.. ft will, where appropriate, canply with the requirements of the State's Braithwaite Act (Chapter 1574, Statutes of 1971 and related statutes), which provides for fair and equitable treatment of displaced persons. 8. Snvironmental Quality Act. It will, where appropriate, comply with the requirements of the California 90 special provisions of hw, and program requirements. It will comply with all requirements imposed by the Conservancy concerning EXHIBIT "2"