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
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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.
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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,
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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
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those jurisdictions immediately surrounding the project; and
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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.
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. 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
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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
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