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HomeMy WebLinkAbout1977-09-06; City Council; 5111-1; La Costa Canyon Park Development"CITY OF CARLSBAD AGENDA BI.LL NO. z///- DAT€: September 6 .. 1977 ... .. . . . . . . . , . . , Initial : \ Dept. Hd. 52. City Atty VFb City Mgr. k, J c/ SUBJECT : LA COSTA CANYON PARK DEVELOPMENT Statement of the Matter The Congress, under Public Law 88-578, established the Federal Land and Water Conservation Fund Grant-In-Aid Program providing matching funds to the State and its political sub- divisions for acquiring land and developing facilities for public outdoor recreation b: purposes. State. The Council, in its approval of the 1976-77 Budget, approved money for the project in the Park-in-Lieu fund. 78. assistance application. This grant assistance request is for $50,000.00. The State Department of Parks and Recreation administers the program with the This money has been encumbered for expenditure in-1977- The. Parks and Recreation Commission unanimously recommends submission of grant EXHIBIT A. Resolution No. &fr B. Assurance of Compliance (Part V) RECOMMENDAT I ON Staff recommends approval of the application for Land and Water Conservation Fund assistance by the adoption of Resolution No.- COUNCIL ACTION 9-6-77 Resolution #5185 was adopted, approving the application for Land . and Water Conservation Funds for the La-Costa Canyon Park Oeveloprnent Project. ., ._ . L. . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 L 27 .. 28 RESOLUTION NO. 5185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE. APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE LA COSTA CANYON PARK DEVELOPMENT PROJECT WHEREAS, the Congress under the Public Law 88-578 41s authorized the .. d establishment of a Federal Land and Water Conservation Fund Grant-In-Aid Program, providing matching funds tG the State of California and its political subdivisions for acquiring lands and developing facilities for pub1 ic 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 established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications and the availability of local matching funds prior to submission of said applications to the State; and WHEREAS, Part V of said applications contains assurances that the . applicant must comply with; and WHEREAS, the proposed La Costa Canyon 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 understands the assurances in Part V of the application and certifies that it will comply with the regulations, policies, .> b - "l .x 3 i 2 4 F .E .P 1 E S 1c 11 12 12 14 15 - 16 17 , 18 , 19 20 21 22 23 24 25 26 27 2% guidelines, and requirements, including A-95 FMC 74-4 and FMC they relate to the application. 3. Certifies that said agency has matching funds from the fo General Fund, $100,000.00, and can finance 100 percent of the of which will be reimbursed, and 4. those jurisdictions immediately surrounding the project; and r.5 4 Certifies that the project is compatible with the land usl 74-7, and as lowing source, project, ha1 f plans of 5. 'Appoints the Parks and Recreation Director as agent of the City to 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. PASSED, APPROVEDy AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held the 6th day of September 1977, by the following vote, to wit: Y AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and NOES : None ABSENT: None Counci 1 woman Cas1 er ATTEST : YA?!ZLS& . ADAMS, Citj Clerk (seal ) 01 form 13HS (March 1966) U.S. DEPARTMENT OF IHt IWTE.RIOR (TITLl VI, CIVIL GIGHTS ACT OF 1964) ASSURANE OF COG;PI.IAMCE Cit&ofCarl SbL- HEREBY AGREES THAT If will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Department of the Interior Regulation (43 CFR 17) issued pursuant to that title, to the end that, in accordance with Title VI of that Act an8 the Regulation, no per- sqn in the United States shall, on the ground of race, colbr, or national’origin be excluded from participa- tion in. .be denied the benefits of, or be otherwise subjected to discrimination under any program or activir). for which the Applicant-Recipient receives financial assistance from BULW~LJ-Qfd~~~~~Lr-~~n and Hereby Gives Assurance That It will irnmediately take any measures to effectuate this agreement. ___ (hereinafter called “Applicant-Recipient”) !Name of Applicant-Rccipienc) , Bureau or O6ce If any real property or structure thereon is provided or improved with rile aid c.f Federal financial ajsistai!ce extend e Ci to the A pp I i ca n t ~ R eci pi e n t by -B.UE’iU! _ofULdOQLR-e-~.d t-i Q-D- . T h is ass II ran c e ob 1 ig a re; the Applicant-Recipient, or in the case of any transfer of such property, any transferee for rhe pe:iod during which the real properw or structure is used for a purpose involving the provision of similar services or ixne- fits. If any persona! property is so provided, this assurance obligates the Applicant-Recipient for the perid. during which it retains ownership or possession.of the propern.. In all other cases, this assurance obligates thc Applicant-Recipient for the period during xvhich the Federal financial assistance is exrended to it by- Bureau or Ofice ’. . Bureau of Outdoor Recreatign .\ Bureau or Office r THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal gmnts. loans, contracts, property discounts or other Federal financial assistanc-e extended after the date hereof to the Applicant-Recipient by the bureau or office, including installment paynlents aficr such dace on account of ‘arrangements for Federal financial assistance which were approved before such date. The Applicant-Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall reserve the right ro seek jadicial eqforcenienr. oi this assurance. This assurance is binding on the Applicant-Recipient, its successors, trans- ferees, and assignees, and the person or persons whose signature appear below are authori~ed to sign this. * ‘ ., . .. , . assurance on behalf of the Applicant-Recipient. ______ (Prcsdcnc. Chairman ol Ilosrd or < ontprrahtc ruthorucd ORictrl BY Director of Parks arid Recreation t 1. It possesses legal authority to apply for tlic grant, and to finance :ind coristruct tlic propowl f:icilities; that a resolution, motion or similar action has bccn duly adopted or passed :IS :in offici:il iict of ltic :ipplic:iiit's go5:crniiiS body, :!ittliorizinS tlic Illiris of tlic application, includiiig :ill underst:iritliiigs :rid assiiraiiccs coiit;iiricd tlicrciii, :rnd directing arid au[liariziiig tile pcrson idcntificd ;IS the oflicial representative of the :ipplicant to :ict in coniicctioii with tlic application :ind to provide such additional inforni:itioii 2s m;iy bc required. 2. Executive Order I 128s. relating to tlie prevention, control, and abatement of water pollution. 3.. It wil! lirrve sufficient funds available to rnect the non-Federal shart: of the cost for construction projzcts. Sufficient fiiiitls will be availablc wlizn construction is coniplcied to asstire effective operation and mairitsnaiicz of the facility for t:ie purposes constructed. 4. It will ,providz and maint:iin coiripetcnt and adequate arc1iitectur:iI cnginezrin; sripervision ;mtl insp2ction at tlie constriictiiioii sitc to insure that the completed work confornis with thc appruvtd p1n:is and specifications; that it will furnish progress repcits aiid such other iriforrnation ai the Fedzr:il pintor a;,cncy may requirt.. It will comply vith the provisions of: Executive Order 11236, rel:itin: to ev:ilu;ition of flood hazards, arid c 6. the riglit to cxanun:: all records, books, papers, or documents relstcd to the piit. .7. It will require the facility to hi! &signed to comply v.?th the "hlt.iicar1 St:indard Specifii2tioi?s for >.!Liking GuZdirigs and Facilities Accessib!e to, and Us:iblz by, the F'hysicalLy I-lzndicayped," NLI~TIII~~ A1 17.1-1 951, 3s modii:>rl (41 CHF 101 -i 7.703). The applicant wili be resporisjblc for conducting inspectiois to iiisur_n coixplixlcc with these specificalions by the contlactor. 8. It will cause v;ork on the. project to be COilltiieIiCed within a reasonable time after reccipt of notificatio!i from die spproving Fcdzrnl agency that funds 1i:iw been approved and th;it the project will be prosecuted io coriipletion with reasonable dili, wxe. 9. interest or whije the Goverruiiziit holds bonds, whichever is die longer. 10. It will comply with Titlc VI of tlie Civil Rigtits Act of 1964 (P.L. 88-352) and in accordance with Title VI of that Act, no pcrjc)n in the lJiiitcd States shall, on the ground of riicc, color, or national origin, be excluded from participation in, bc denied tlie henefits of, 01- be otliefivise subjzcted to discrimination under any program or :ictivity 'for wvliich tlic iipplicaiit receives Federal financial assistsnce and will immediately take any meawres iiccess:iry to elfcctunte tliis a~rwnent. If any real property or slriieture thereon is provided or improved with tlie aid of f'cdzral financial assi;taiice extended to the Applicant, this assurxicc sh:i11 obligate thc Applii;int, or in tlic c;isc of :Illy transfer of such pioperty, any trnnsferee, for thc period during w1iic.h tlic r?;il propcity or structure is used fur a purpose for w1ii:Ii the I'eder:il financial assistarice is extcntlcd or for aiiottii'r pirposc involving the provision of sirnilar services or benefits. It will givc the grantor ngcixy and the Comptroller Cknzrnl through any :iiithoiiLed rcprrsentntive ~licc~i 10 :nd r . It wiU not dispose of or encumber its title or other i!lterests in the site and facilities during the period of Federal ' .. .- I A. 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 (714) 729-1181 VINCENT F. BIONDO JR. CITY ATTORNEY Avgust 4, 1977 RE: Title to La Costa Canyon ____- Park __-- La Costa. Canyon .Park , a site of approxj.mate1.y. -9.0 acres, was dedicated to the City of Carlsbad in connection with the approval of the subdivisions known as La Costa Vale I, I1 and III-,CT 72-20. De2ications were made pursuant to the Quimby Act (Government Code Section 66477) as made effective by Chapter 20.44 of the Carlsbad Plunicipal Code, Title passed to the'city and the 2edication v~as effective upon recordation. of the final map which occurred on October 26, 1973. In my opinion Public Law 91-646 and/or Chapteu: 16, Government Code (Braithwaite Act) do not apply to the sub- ject property. to the Relocation Acts. The property to be developed is not subject City Attorney UI .. . VFB/mla