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HomeMy WebLinkAbout1977-09-06; City Council; 3552-5; Magee House Park Development- 4 CITY OF CARLSBAD ---- - DEPARTMENT: PARKS AND RECREATION . C. Mgr. 3 - St;b j ect : MAGEE HOUSE PARK DEVELOPMENT Statement of the Matter r.3 The Congress under Public Law 83-578 established the Federal Land and Water Conservation Fund Grant-In-Aid Program providing matching funds to the State and its political sub- divis.ions for acquiring land and developing facilities for public outdoor recreation pur- pses. The State Department of Parks and Recreation administers the program within the State. and street improvements for the Magee House Park, in the 1977-78 Budget. Recreation Commission unanimously recommends submission of the application for grant assistance. This grant assistance request is for $58,000.00. The City Council approved the subject project, which includes the landscaping The Parks and EXHIBIT A. Resolution- No.s/f% B, Assurance of Compliance (Part V). RE COMM E N DAT I 0 N Staff recommends approval of the application for Land and Water Conservation Fund assistance by the adoption of Resolution No.s/<4. Council 'action - 9-6-77 Resolution #5184'was adopted, approving the application for Land. and Water Conservation Funds for the Magee House Park Development Project. . couruL ACTION . * -4 1 2 3 4 5 6 7 El 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5 184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE MAGEE HOUSE PARK DEVELOPMEhT PROJECT WHEREAS, the Congress under Public Law 88-578 has authorized the -, establishment of a Federal Land and Water Conservation Fund Grant-In-Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes ; and WHEREAS, the State Department of Parks and Recreation is responsible for the administration of the program within the State, setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS, said adopted procedures Parks and Recreation require the appl approval of applications and the avai to submission of said applications to WHEREAS, Part V of said applicat applicant must comply with; and established by the State Department of cant to certify by resolution the ability of local matching funds prior the State; and ons contains assurances that the WHEREAS, the proposed Magee House Park Development project is consistent with the California Outdoor Recreation Resources Plan; and WHEREAS, the project must be compatible with the land use plans of those . jurisdictions immediately surrounding the project; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: 1. Approves the filing of an application for Land and Water Conservation Fund assistance; and 2. Certifies that said agency application and certifies that gui del i nes , and requirements , understands the assurances in Part'V of the it will comply with the regulations, policies, ncluding A-95 FMC 74-4 and FMC 74-7, and as .. c ,b. 1 2 3 4 5 6 7 e 9 1c 11 1% 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 they relate to the application. 3. Federal Revenue Sharing Funds, $116,000.00, and can finance 100 percent of. theproject,half of which will be reimbursed, and 4. jurisdictions immediately surrounding the project; and 5. conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, billing statements, and so on which may be necessary for the completion of the aforementioned project. Certifies that said agency has matching funds from the following source, Certifies that the project is compatible with the lahd 4 use plans of those Appoints the Parks and Recreation Director as agent of the City to PASSED, APPROVED AiiD ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held the 9th day of September , 1977, by the following vote, to wit: Councilmen Frazee, Lewis, Packard, Skotnicki and Counci 1 woman Cas1 er AYES: NOES : None ABSENT: None ATTEST : uh2244J S, City Clerk . (seal) I (hereinafter called “Applicant- Recipient” ) .. L..U)!-Q&L~LSL??3d _--- (Name of Applicant-Recipient) I-IEREB‘Y AGREES TITAT IT Nfill comply with Title VI of the Civil Rights Act of 1964 (P.L. SS-3.52) and all rcquirernents imposed by or pursuant to the Department of the Interior Ktgulaticin (43 CFR 17) issned pursuant to that title, to (hc end that, in accordance with Title VI of that Act and the .Regi~lation, no per- son in the United States shall, on the ground of race, color, or national origin be excluded from participa- tion in. bc denied the benefits of, or he otherwise sisbjected to discrimination under any program or xtiviry for w h ich t I1 e A p p1 i c a 11 t- Recipient rece iv es fi na n c i a 1 ass i stance from k.XiinULDf4 UtdQ QL& i; re ilk.b.!l a I? d ‘ Hereby Gives Assurance That It will immediately take any measures to cfl-ectuitc this agreement. Ilurcru or Officc Applicant-Recipient, or in thc case of any tr;..nsfer of such propcrry, any transferee for the period durifig which the r.31 property or structure is used for a purpose involving the provision of similar scAices or bcrw- fits. If- any personal property is so provided, this assurznce obligares the P-pPlicznt-Recipienr for rhe pxiood during which it retains ownership or possession of the propeny. In all other cases, this assurance obligates the npplicant-Recipient for thc period during which the Feder31 financial assistarice is exrended to it by-- Bureau c;f Outdoor Recreation Bureau or Officc r ’TEJIS ASSURANCE is given in cotisideration of 2nd ‘fGr the piirpose of obtaining 2nj. 2nd ail Federa! gmritr, loans, contracts, property discounts or other Federal financial assistance extended after the date hereof to the Applicant- Kecipient by the bureau or office, including instzllme~it payments after such dare on account of arrangements for Feder.21 financial assistance wliich were approved before such date. The Applicant-Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representarions and agreemenrs made in this assurarice, and thar the United States shall reserve the right to seek judicial enforcement of this assurance. Tllis assurance is binding on the Applicant-Recipient, its successors, trans- ferees, and assignces, and the person or persons whose signature appear below are authorized to sigil chis assurance on behalf of the Applicant-Recipient 12.7 S.egk.aber UATtD ‘City of Carlsbad - APPI.ICAN’r-KEClI’I EN‘T 7 200 El 111 Avenue, Carl shad, CA. 92005 APPUCANT.RECIPIENT’S MAILING ADDRESS I. It posscsres Icpl authority to apply for the Eriint, aiitl to finance niid construct tlic pi-oposcd facilities; tiut a resolution, iiiotion or sinii1;ir action has becn tluly :~doptcd or p;issSccI ;is :HI offici:il act of tlic ;ipplicaiit’s p)vcriiiiij; body, a ii t Ii or izi 11 the filing vf 11 ie ;I pplic a t i oil, iiic I ii d i rig nl I u n de rs t:i n tl i iigs :!rid :issi I r ;i n cvs c 01 it :I ir ic d t Ii I‘ rc iii , n iid directing arid :iutliorizing tile person idcntificd :IS the official rcprcscntative of tlic app1ic;in t to act in coniiecticin \vith the applicution and to provide such additiond i:iform:ition ;IS iiuy be required. 2. Ikccutive Order I 1288, relatin; to the prevention, control, and abntcment of watcr pollution. 3.. It will have sufficient funds available to nieet tlie non-Fcdcnil share of tlic cost for construction projects. Sufficient funds u.ill be :ivail:ible when construction is complctcd to assure cffcctive opcratiurl and in:iiiitcnaiicc of the facility for tlie purpo:cs constructed. It will comply with tlie provisions of: Executive Order 11296, rcl:iting to cv;iluatioil of flood hazards, and c 4. It willt provic!c and imintai~i competent and adequate architectural cngincering slipcrvisiori arid in~p~tion ;it t!ic constructuIoi1 site to irkure that the completctl \$pork con’fDrrns \:.it11 the approved I)lails and spxificn tioiis; t1i:li it will furnish progicss rcports and st!ch other iiifor:natio!l ns t’lc Fetlcral grantor ngciic). n:;iy require. 7. It vdl require the f:icility to bi designed to comply -:kith t!ie “Anii‘riinii Standard Specihntions foi- blskiri~, Buildings and Facilitks Accessible to, and tisable by, ttic I’iiysically 11nridiiap;.red,” Nuiiilwr A1 17.1 -1 961, as modiiied (41 CI:F 101-i7.703). ?‘he applicant \i.iil bz responsible for conducting inspzctions to iiisrlre complidnce with these specifications by the contractor. r . 8. It will cat!se nwk on thc project to be co:runenced \\+il~in a rcasonnble time after rcccipt of notification fraln the zpprovinS FcdcraI agency that funds have becn approved -and that t!ie project will be prosxutcd lo completion svith reasonable diligence. 9. interest or whjle the Government ho!ds bonds, whichever is the longer. It will not dispose of or encumber its title or other interests in the site aid faci!ities during tlie period of Fcdcr:il 10. It will comply nith Title VI of the Civil IGgIits Act of 196-1 (P.L. SS-352) arid in accordance with Title VI of that Act, no person in the United States sliall, on the ground of race; color, or ~i:iiional origin, bc excluded from prlicipation in, bz denied the benefits of, or be otlienvise subjwtetl fo discriniination under any progi-ail’ or activity for wluch tlii: applicant reccives Federal fin:incial assistance and \dl imiiizdia tcly take any iiieasures necessary to effectuate this azreeincnt: If ~iiy rc;i1 property or structure thereon is provirled or improved with the aid ol Fcckral financial assistance extcridcd to ihc Xpplicunt, this assurance shall obligate .the Applicant, or iii Ilic cise of XI)’ transfer or such property, any trnnsfrree, for the period during wliicli thc rml property or structure is used for ;I purpose for which ttic Fcdcr:il financial assistance is estciidcd or for another purpose iiivolving tlic provisioii of similar services or benefits. 11. It will cstablis!i s3ft.gu3rds to prohibit employccs from using thcir positions for ;L purpose tIi:it is or rives the appearnnce of Lving 1iiotiv;itc.d hy ;I dcsire for pi-ivate gain for tlicnisel\~cs or othcrs, p:irticul;irly tliose wj[li \vIio~n they hnve fmily, husintss, or other tics. VINCZNT F. BIONDO JH. CITY ATTORNEY 1200 ELM AVENUE CARLSRAD, CALIFORNIA 92008 (714) 729-1 181 August 4, 1977 TO WHOE IT MAY CONCERN : RE: Title to Magee IIoase Park I_ -__--_____ c The Magee House Park , consisting of approximately 2.1 acres, was bequeathed to the City of Carlsbacl by Mrs. Florence Shipley Magee. The City Council accepted the bequest by the adoption of Resolution Np. 3423 on Nay 21, 1974. Title passed to the City on December 20, 1974 pursuant to an Order of Distri- but-ion of the North County Branch of the Superior Court, San Diego County, Case No. PPJ 3416. In my opinion Public Law 91-646 and/or Chapter '16, Government Code (Braithwaite .Act) do not apply to the subject property. is not subject to the Relocation Acts. The property to be developed VINCEPIT F. BI ONE0 , SR . City Attorney