HomeMy WebLinkAbout1977-09-20; City Council; 5204; PONY LEAGUE/PINE FIELD ACQUISITIONe CITY OF CARLSaAD P
b AGENDA BILL NO, 56244 f
DATE : September 20, 1977
DEPARTMENT: PARKS ANI? RECREATION
Subject:
- Ini t i a1 :(
Dept . Hd .C
- C, Atty.'j
C. Mgr. *
-
-
I-
PONY LEAGUE/PINE F IZLD ACQUI S IT ION
Statement of the Matter
The State of California enacted the Roberti-Z'berg Urban Open-Spacc
Recreation Program/SB 174 which provides funds to certain politics- divisions of the State for acquiring lands and for developing faci
to meet urban recreation needs. The State Department of Parks and
reation has the administrative responsibility of the program and 11:
established necessary procedures governing application by local agc These procedures include a City Council resolution certifying apprc
the application and certification that the applicant will comply w specified requirements and appropriate codes, laws and regulations
project applied for under the needs basis grant gortion of the pro)
must be to supplement and not supplant local expenditures. be of a
priority and satisfy the most urgent parks and recreation needs wi emphasis on unmet needs in the most heavily populated areas.
The Parks and Recreation Commission unanimously recommends submiss the application for grant assistance. Funding of the project is 1
tained in the 1977-78 budget. This grant assistance is for $lOO,Ol
$33,334 matching funds for the City.
EXHIBIT
A. Resolution No.
B. Grant Application
50209
RECOMMENDATION and Recreation Commission
Parks/ recornmends approval of the application for the Roberti-Z'ber Open-Space and Recreation Program assistance by the adoption of Re
N0.J-349.
CITY MANAGER'S NOTE
This is being processed since it was recommended by the Parks and
Recreation Commission. As of this writing however, I do not €eel
that adequate discussions have been held with the school district
and therefore cannot recommend the grant application be submitted.
Counci 1 action
9-20-77 The matter was ordered filed.
4
1
2
3
4
5
6
7
8
9
lo
11
I.2
I-3
l4
15
I.6
l7
I.8
19
2o
21
22
23
24
25
26
27
28
@
RESOLUTION NO. 5209
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING
THE APPLICATION FOR NEEDS BASIS GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM FOX
THE ACQUISITION OF THE PONY LEAGUE/ PINE FIELD
WHEREAS, the legislature of the State of California ha
enacted the Roberti-Z'berg Urban Open-Space and Recreation
gram, which provides funds to certain political subdivision
the State of California for acquiring lands and for develop
facilities to meet urban recreation needs; and
WHEREAS, the State Department of Parks and Recreation
been delegated the responsibility for the administration of
program, setting up necessary procedures governing applicat
by local agencies under the program; and
WHEREAS, said procedures established by the State Depa
of Parks and Recreation require the applicant to certify by
resolution the approval of applications prior to submission
said applications to the state: and I WHEREAS, said applications contain a certification tha
applicant will comply with all federal, state, and local en
mental, public health, relocation, affirmative action. and
inghouse requirements and all other appropriate codes, lah-s
regulations prior to the expenditure of the grant funds: ar
WHEREAS, the project applied for under this program mL
of a high priority and satisfy the most urgent park and rec
needs with emphasis on unmet needs in the most heavily pop^
areas:
NOW, THEREFORE: BE IT RESOLVED that the City Council 1
I
*
3
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
0 0
1, Approves the filing of an application for funding I
the Roberti-Z'berg Urban Open-Space and Recreation Program;
2. Certifies that said agency understands the general
visions of the agreement- and
3. Certifies that said agency has or will have suffic
funds to operate and maintain the project funded under this
gram; and
4. Certifies that said agency has or will have availal
prior to commencement of any work on the project included ii
application matching money from a nonstate source; and
5. Certifies that the project included in this applic:
conform to the recreation element of the applicable city or
general plan; and
6. Appoints the Director of Parks and Recreation as a&
of the City of Carlsbad to conduct all negotiations, executc
submit all documents including but not limited to applicatic
agreements, amendments: payment requests, and so on which m;
lnecessary for the completion of the aforementioned project.
! 19
20
21
22
23
24
25
26
27
28
I 7. Appoints the City Attorney as legal counsel of saic
lwith authorization to sign the certification on page 1 of a1 I
I
tion.
PASSED, APPROVED AFJD ADOPTED at a regular meeting of tl-
~
XX
XX
xx I xx xx
xx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
0 a
City Council on the day of 9 1977,
the following vote, to wit:
AYES:
NOES :
ABSENT :
ROBERT C, FRAZEE, Mayor- ATTEST:
MARGARET E. ADAMS, City Clerk
(seal)
l8
19
2o
21
22
23
24
25
26
27
28
I I I
1
0
t State of Caliioriia - The Resources Agency
DtPARTVENT OF ?ARKS AND AECREArlON
w
Urban Open Space and Recrearlon Program
NEED 3ASlS GRAbT APPLICATION
Applicant (Agency)
Name: P3rkq and R .wr~&ton 0 pparttgpn t , City of Carl sbad
Address: -1 7f7n Flm A i/op,llp. cdy- lshd. Cali *-c ,ornla * 9 7 008
Person with day-to-day responsibility For tne project:
Name: Ed Johnson, Director of Parks and Recreation
Phone: ( 714) 739 -118] ext. 67
STate Senate District No. 38
Slate Assembly District No. 76
Attach a copy of the Resolution authorizing application for grant funds from the applicant’s governing body. (
sample resolution may be fouod in Appendix B of the Procedural Guide.)
Certification
I hereby certify that the applicant has met, or will meet, all federal, state or local environmental, public healt
prior to the expenditure of the grant funds. (Public Resources Code 5626 (c) (See Appendlx G, State Regulations,
the Procedural Guide.)
I further certify that the applicant fully understands that the State Department of Parks and Recreation will n
assume any responsibility to ensure compliance with any applicable federal, state or local ccdes, laws or regulatior
but th-t the Department may CO~IJC~ an audit to enwre compliance,
relocation, affirmative action, and clearinghouse requirements and all other appropriate codes, laws, and regulatio
(Si 9 ned )
Legal Counsel for Parks a& PQC~P~ 77on 0 ppartwnt, City of Carlsbad
Name of ApplicanP
N- 1
DPR 455 (7 /77)
e
PFiQJECT DESCRIPTlON
a
1. Name OF ?rojzct Pony Leaqi:e/PS 72 Field Acqui sition
Project Location (in sufficient detail to locate on city or county map)
- Northwest ____ corner of Hardinq Street and Chestnut Avenue, west of
_____ Inters tat? 5.
.s rict 1igha-y c i ty funds) Project DescriptionAcc+i qi 1.1 on o I a school di ~t
Lurfed? irrigated and fenc-ed softball field and adjacent dirt parkinq 101
during their vear round playinq seawns and by others for General recreai
a1 softball play. The School District has indicated an interest in dispc
ing of the property.
*- *A'
for use by the Citv Recr?atia men's, women's and ,youth's softball leaquc
Estimated Total Project Cost $1 33,334
Amount OF Grant Requat 1 OB ,000
Amount of Marching Funds 33,334
., dr- Source of Matching Funds Citi/ Gp,wa] Fun
Please indicaie in narrativr3 form and in sufficient detail, which of the criteria considerations iden tif
in the procedural guide, you feel ihe project encompasses and in what manner.
-- Carlsbad is an urbanized area, is included in the DIYES file of the Bureau
The project is located in the of Census and is part of the San Diego SFlSA.
urbanized and intensively developed portion of the inner city with a populat
density of 15.1 persons per acr8aild greatest concentration of low income
families in relation to the r2st of city.
APWAL ~IZUSEH~LZ ::!CC,"IIE FOR :PIN% CITY (Special Cefisus, April,
NO. OF ti0USEHOL.S P E RC E I?IT
Ho Response 1299 48%
less than 53,000 - 2 20 8%
- $3,0CO --_-____ - $4,999 194 7%
-_ $5,000 __ - $6,999 232 9 %
$7,000 - $9,999 265 10%
______ $10,000 - $14,999 220 1 0:;
-- Sl-5,C;OO and over 238 9%
Thprp dy- p 7-47 DprSOnS D, "r b iusehclcl. The .iuveni; ?del iquency for the Ci tL
N-2
r) 6
[not computed for specific areas) is 1.02%. In July, 1977 there were 44 cas6
fcrrappraxiraatp'y 5834 juv mil~5, Unemployment rate for the Northern Coasta
7one (not computed just for Carlsbad) is 9.6% as of June, 1977. Youth in the
_pro.iect area are approximately 1916, senior citizens - 839, and others (18-61
4361.
inner city and 11,502 on a city wide basis.
The site is ideally centrally located for use of the inner city and city wide
residents. Access to the area, besides the streets and sidewalks is by the .
transi't system which has two routes that pass the field site in two directioi
on an hourly basis for each route.
Two physical barriers separate the ball field from the rest of the city offer
limited restriction to use or access. The Atchison, Topeka and Santa Fe Rail
road separates the beach area from the inner city and the remainder of the c-
This barrier is a approximately 3/8 mile west and has 3 guarded crossings an(
one overpass within 1 mile of the project. There are only 3-5 freight trair
daily, normally operating from 7:OO p.m. to 7:OO a.m. Amtrak passenger trair
pass through Carlsbad in the mornings at 7:40, 9:15 and 10:15; in the afternc
Potential users of the acquired site could be 4653 persons from the
at 12t15, lr25, 3:15 and 5115 and in the ewnings at 5:15, 8:15 and 10~15- -
Interstate Highway 5 is one block east and there are 5 under or over pass
crossings within one mile of the project site.
Nearby existing recreational acreage includes two neighboring 1 i ttle league
and a non-regulation size practise softball fields (Chase tittle Field) whici-
are being acquired by the City and will be part of this project in creating - E
softball field complex. There is a 5.4 acre pa$siv/e park (Holiday Park) aboi
1/8 of a mile east of the site. Approximately 1 to 1.5 miles northwest is a
2.1 acre active/passive park (Magee Park) being developed, a 1.4 acre passivc
These park acreages c
not have softball fields. The site will provide definite recreation opportur
to not only the immediate residents but to all the population of the city. 1
ac ike
park (Maxton-Brown Park) , and a 2.1 acre passive park.
is not a beautification program.
The City of Carlsbad, California, has an established major organizational Par
and Recreation Department. With the addition of this Sighted softball field,
the Parks and Recreation Department will be able to totally organize and schc
men's, women's and youth's softball leagues and games without obtaining permi
from the school district for field use or interfering with school activities.
excess of 2,000 persons actively participate in year-round softball leagues.
This includes players, coaches and officials, plus spectators and indicates t
N-3 Continued
W m
high degree of citizen involvement and support.
The funds would supplement the recreation program.
appear in the City's 5 year Capital Improvement Program or current year's
budget and could be obtained only with grant assistance to meet the urgent
and unmet need.
The project conforms to the Parks and Recreation Element of the City of
Carl sbad General P1 an.
*1975 Population Census for Area
The project does not
Residential Acreag,e in Area
N-3A
w NEED BASIS GRANT AGREEMENT
Urban Open Space and Recreation Program
w
Ci-ty of Carlsbad
Amlicant Parks K Recreation Dent. Agreement Number (Name of Applying Jurisdiclion) (Leave Blank)
This agreement is hereby made and agreed upon by the State of CaliFornia, acting through the Director of
Department of Parks and Racreation and the Applicmt pursuant to the iloberti-Z'Berg Urban Open-Space c
Recreation Program Act, Chapter 32, Division 5 of the ?ublic Resources Code.
Project Name (indicate acquisition or devzioprnent)
Pony League Pine Field Acquisition
Special Provisions
Total Estimated broject(s) Cost
Total State Grant (not to exceed the grart entitlzment nor to exceed 75 percent of Project(s) cost)
$1 33,334
$700.flNl
The General Provisions listed in Appendix A of the Urban Open-Space and Recreation Program Procedural Guide
made a part of and incorporated int,o the Agreement.
City of Carlsbad
Park5 ~nd Rprrp;rtion &+=)rt mpn t
Applicant [name of applying jurisdiction)
Eiy
(signature of authorized representative)
Title nj yprtnr nf par !/< fi R arrpa tinn
Date September 21, 1977 STATE OF CALIFORNIA
BY
Title BY
Date Date
Eiidyet Act of
DEPARTM,SNT OF PARKS AND RECREATIO
Budget I tern Number
a (Leave Blank) (Leave Biank)
N-4
API’ENUIX A a
Agreem en t”s Genernl pro^ isions
The agreement on p,ige 4 of the Zpplicdtiiiri must be sigiwd when the applic,ititrn is siibrnit
to the State. llpon approvnl of the applicatioii, the State will si:;n the ,igreement and return
cxccutecl copy to the applicant.
The following general provisions will lis a part of the agreement.
A DeFinitioiis
1. The term “State” as used herein means the California State Department of Parks q
Rccreatiun.
2. The term “Act” as used he!-ein illeans the I<oberti-Z’biz;g Urban -O;?m-Space ,
Rccrealion Program Act.
The term “Project” as used herein means the intlividunl and collective projects de:cr-i
on pges 2 and 3 of the applic;:tion.
The term “Applicant” as used her-cin mt‘iiiis the party cttscribed ;:s ;ippIicz,nL on p;:ge
this agreement.
3.
4.
B. Project Execution
1. Subject to the availabiliry of grc:nt moneys in the Act, the State hereby grants to
’App!icant a slim of money (grant moneys) not to excerc! the amouilt stated in
agreement in consideration of and on condition that the surn bz expended in carrying
the purposes as set forth in the Description of Projzct on pages 2 and 3 of the Applica,
, and under ?he terms and conditiorrs set forth in this agreement.
The Applicant agrees to tfurilish twenty-fivc (25) percent of the total cost of the Pro
and any additional funds that may be necessary to complete the Project. i
Slate mustbe submitted to thz State for approval.
The Applicant shall secure completion of the development work in accordance with
Description of Project on pages 2 and 3 of the Application and undzr the terms
conditions of this ,agreement. Ali significant deviations from the Project shall
submitted to the Stat.? for approval.
The Applicant shall permit periodtc site visits by the State to determine if developix
work is in accordance with the Description of Project on pages 2 and 3 of the applica
and cinder the terms and conditions of this agreement including a final inspection-u
Project cornpietion.
If the Project includes acquibition of real pi-operry, tile I)ui-chcl.;e price sh.1ll be thc
market vcalcre of such propei-ty 2’; cst,tblibt-iec! by the Applicant’s iippr‘ii.;.il of :
r>rJ>per-ty or the anioant established ‘1s co:rlpcnhLition by ;i nor~stipul,itcti fi!~,iI ju,lpt.!
an cminent doir>ain proceeding. Tile iippr,iis<iI r-cpor-t (i)i.cp.irccI in ~ccor~!.!ncu 1
v‘iluc or compensdtioii mdy hu request4 by the SLite.
Tfic Applicant ;ip,r\:rfs to furnish the St,itc prclirniniiry title -I rcports r-cspecting wch
property upon rcqut‘5t or such other cvitlt.ncc of title which is cicturrniried IO be wTfii
by the‘ State. Applicant agrees in negoti,ited purchases to c:,rrect prior- to or at the c
modification or alteration .in the Project 2s set forth in the appliciition on file with
2.
-I -
..
3,
4.
Govcrnrnenr Code Srxtjon 7267 to 7267.7 ir~lusive) ~isctl to cst,ibIi>h tiit fir tilJ
.
13 .
<)r c>ci.ow .iriy c#.ts of titic v;tiicti in ttic oi)iriion of R[,itc riiigtit iritrrrcre witii’ti
ui>cr.itioii of thc l’i-ojcct. In conilL.inii,itiori ,ii;ric)ns such tit IC tlcfrx 15 rrirrit be clirniriatt.
by I h c I i n;i I j 11 dgit icii I.
‘I*hc r\pplic.int, iii ‘icqiiii.irig tc;!I property, llic co4t of wliici! is to t~c cciiiibL:rxd \vi[
gr‘int niorit!ys iinctcr this ;igrccnicnl, sh,ill Loinply with Cli<iptt.r 16 (c.o11~::icric:ing wit
Scctiun 7260) of Division 7 of Titit. 1 of tlic Govcrninent Code ,ind ‘in)’ iippIic‘:b
fcciei-iil, statc, or IOLI! laws or ordin‘inccs. Ilocumtritdtion of wch coinpli,incc will t
m,ic!c ;iv,iilable for r-cview by the St,itc upon icqiiot.
.. 5,
’
C. Project Pcrformance Period
1 - -fhc Applicant agrces to compJcto the projcct uiidcr thc terms ;ind coiitlitions of tti
;I grec ni e n t .
The Applicant niiiy riot t;ikc title to land or begin developnient (inti1 Project Perfol-m,iiic
Period begins.
-1hc Pi-ojinct Perfnrm.ince Period shall bcgin whcn the itg:rceiT1eilL is signed ,ind roiitin:i{
until thc project is cor-nplctcd or tiic Si-ant funds ;ire cxpcnd:.cl.
Ttic Applicant further iigrees to expend grant moneys \.vi[iiin thr-w (3) yt>Lrs fl-o:ii tli
diitc of rcccipt. (Public Rcsoiirccs Cod:: SG26(b)-
2.
3.
4.
. D. Project Cosls
Tltc gdnt moneys to bc provicled :he Applicailt undci this agrcernFiii sh,~ll be CIisbLil~~d c
f 0 I Io ws :
1. Upon 1he Sla~e’s~approval of [he application and icibmission of n Billii?s St,ttcment by ti:
Applicant, the State may advance up to-ninety (90) perccnt of the tot;:l gr.!rit amount o
the Block gr;lnt or Need Basis grant.
Upon notification of completion of:
a.
2.
Block grant projects ;is described in thc agreement or the Block grnnt projects J
modified and agreed to by the State.
The Need Basis grant project as described in the agreement. b.
The State may perform a project completion inspection ;tnd will peifor-r-n it final auclil
Upon audit approval, the State will rcirnbcirse the Applicant for the rcmdining ten (1C
perccnt of the total Block grant or Need Basis grmt to the extent of sevcnty-rive (75
percent of the allowble cos& (Public Resources Ccide 5625.)
E. Project Adrriinist ra tion
1. The Applicant sh,tll proinptly wliniit ‘tniiu,\I rcpor(\ tu tlic St,i\c\. ‘T\ic A\~~~\icc\i~t 4i,iil ,:I\(
provitle thc St.itc ‘i r-cport stjoiviii; ioI<il fiii,il iii oiect c.sy)c.ii:fi1ttrc*5. (l’ir1)lic !ic~o~iicc
COClC so25.)
2. I’ropci-ty iiricl f.tciliticl; iicquii-ecl or’ ~lcvclcipccl piirsii.inl to [[lis iigrct‘nicrit stl.ilI iw .iv.iil,ilil
for inspcction hy the StLttc Lipon rcqiiehl.
3.1ic. j\ppficdrit stj;ill use any moriup ,ictv,inccct t)y tfic Sl’itc Irntlc*t tiii. tc.ini\ of t~ii
..
3.
.. , ngIccinent solely fur ttie Pi.ojrct ticwin ~lc~sci il)ctl. (f’iiblic t<cu)itrcelr (:cicIc SG2h (‘I).)
20
0 W 4. If griiiit niorreys ;trc a:lvailci.d, the Applicaiit stii\!l PIKC such t31OlieyS in ii sqxtr.
ititcrest-beitririg account, sctting tip and itlcnrifying such accoiint prior to the aclv,xn
liitcrcst ecirned .on grant moneys shall be usccf on the pi-ujcct or paid IO the State. If gr;
nioneys itii-e adviinccct ancl not expended, the tinu5ucf j,ortion of' the gritnk s!i,tll 'oe rcturr
to tlie State ~iriiin sixty (60) d~ys of completion of the project or cnc! of the Proj
F'erfohance Period, whichever is earlier.
Gross incone that is earned by the Applicant from a state-approved, :ion-recreation
on an acquisitior! pcoject, subsequent to the Applicant's takii>g title, riicist bt. used by
Appliciirlt far recreation purposes at the Project-
#'
1 I
5;-
F. Project Tcrmindi,on
1.. The Appliqznt rnay unil,iterally rescind this agreement at any time prior to
expenditure of grant funds. After expentiirure of grant funds, [hi.; agreement m.ry
rescinded, modified 01- ament!ecl only by mutual sgreement in writing.
Failure by the Applicant to comply with the terms of this agreement or my o
agreemznt under the Act m;iy be cause for suspension of all obligatio:?s of the S
he reu n der.
Failure of the Applicant EO comply with the terms of this agreement shall not be c'
for- the sus~pension of all obligations of the State tiercunder if, in the jcdgrnent of Stdte, such failure )y;is clue to no fault of the Applicant. Iri siich case, any ;!mc
required to settle at min-imum cost any irrevocable obligations properly incurred S~A!
eligible for reimburse men t [I ncl er this agreement .
Recai.ise the bmefit to be derived by the State, from the full compliance by the Appli
with the terms of this agreement, is the preservation, protection ;:rid net increase ir-
quantity and qualiLy of parks anti public recreation facilities available to the people o
State of California, and because such benefit exceeds to an immeasurable
unascertainable extent the a:r,ount of money furnished by the Siiite by way of :
moneys under the terms of this agreemeni, the Applicant agrees that payment: bb
Applicant to the State of an amount equal to the amount of the grant moneys dishL
uncle: this agreement by the State would be inadequace Compensation to the Stat
any breach by the AFpIicant of this agreement. The Appiicant further agrees there
that the appropriate remedy in the event of a breach by the Applicant shall br
, substitution of a project agreed upon by both the Applicant and the State t
completed within a period of timk as established by the State.
..
2.
3. '
4. .
G. Hold Harmless
I. The Applicant hereby waives all claims and recourse against the State including the
to contribution for loss or damage to personsxu property arising from, growing out
in any way connected with or incident to ttiis agreement except cl'iims arising fro1
concurrenl or sole negligence of the State, its officers, iigents, and employees.
The Applicant >hall ii;ilernnify, tiold Ii,irinlcss and dcfcncl the Stcitc, it, ofticcr.;, ;I
and employees :tgzirist ;lily ~i!d n[I cI;tim\, dcrnitrids, cILiii)'i;;c>, cobt5, r'spcnsc'~ 01- liLl
costs arising out of the ,tcqiiisition, develop:nent, construction, opt&r,ition or in.tiiitci
of the property describeci ;is tIic Project, \vliicti cfairns, dcinancf~, 01 c,iuscs of .ii tior,
Liriiler Governm!ifit Code Section 895.2 01. otherwise, cxccpt f(ir Ii'iOiIiLy itrisiiig out (
concurrent or sole negligence of the State, its offictrs, agents, or cniployees.
Ifl lie cveRt [fie Stj.te is ri;imecl ;IS cocfefcrid,int iindcr tlic pi ovibion\ of (;ovet.rimeti t
Scclion 895 ct scq., the Applicant sIi~11 notify the St;ttc of such f,ict ,tricl sh.ill t.cp
l .. 1-
2.
."
\
3.
'
21
the State in theaal action Llnless the State ur1clertdkt.s e . represent iidf 2s codefendd
in such legal action; in which event the State shall bear its own Iitigdtion LOS~S, expen:
and attorney's fees.
In the event of judgment entered against the State and Applicant beczuw of t
concurrent negligence OF the State and Applicant, their officers, agents, 01 cmployecs,
apportionment of liability to pay iuch judgment sh,tli be made by a court of competl
jurisdiction. Neither party shall request a jury apportionment.
The Applicant shall indemnify, hold harmless and defend the Stdte, its officers, agz
and employees against any and all claims, demands, costs, expenses or liability cc
arising out of legdl actions pursuant to items to which the Applicant h2s certifi
Applicant acknowledges that it is solely responsible for compliance with items to whici
has certified.
H. Financial Records
4.
,
5.
1. The Applicant shall maintain satisfactory financial accounts, documents nnd records
the project and shall make them available to the State for auditing at rcssonable tir Such accounts, documents and records shall be retained by t!le Applicant for three y
following project termination or completion.
During regular office hours each of the parties hereto and their dufy author
representatives shall have the right to inspect and make copies of any boob, record
reports of the other party pertaining to this agreement or matters related hereto.
Applicant shall maintain and make available for inspection by the State accurate rec
of all of its costs, disbursements and receipts with respect to its activities under
agree m e nt .
rThe Applicant may use any generally accepted dccountirp, system provided such sy
meets the minimum requirements as may be established by the State.
2.
1. Use of Facilities
1. The property acquired or developed with grant moneys under this agreement sh#
used by the Applicant only for the purpose for which the State grant moneys
requested and no other use of the area shall be permitted except by specific act c
' legislature. (Public Resources Code 5626 (a).) i
2. The Applicant shall without cost to the State operate and maintain the property acq
or developed pursuant to this agreement in the manner and according to the star
acceptable to the State.
j. Nondiscrimination
1. The Applicant shall not discriminate against any person OR the basis of SCX, race,
national origin, age, religion, ance5try, or physicat handicap in the use of any prope
facility acquired or developed pursuant to thi3 agreement.
The Applicant shall not discriminate against drly permn on the bti5i\ of rcbidttricc I
to the extent that reasonable differences in aclrnisslon or othei fccs m,ty be m.iiritair
the basis of residence and pursuant to lnw.
2.
x- \
22
L 0 AfTENDIX H 0
Supplement L'S Supplant
Section 5623 states that "Grants to cities, counties, and districts piirsiiant to this chapter
intended to supplement and not to supplant local expenditures for phi k and rccreatiori areas
facilities or to diminish in any way the current efforts for proviclirig parks and rccreztion r;ervic,
In il;s simplest interpretation, this means that grant funds must be iised to supplement and
suppfant local funds.
This stipulation will be interpreted by this Department to mean that 2' local agencv may not-:
' 1. Submit an application requesting 58 174 grant'funds when these grant Funds will b;. rtsec
(~~~~port) implication _u___- in the local --.-.--. budnztar-y 0 --I - process --I-- for said projzc t ;~nd SLI~S~C~LIZ~
removed.
Use SB 174 grant funds in plxe of a regular andongoin. 3.--./,___J_---.- fisca! corrmitment (two or m
fiscal-year ;!ppropriations) r0 a project by the Gal government.
. place of d like arnount of funds actually and -_1_c_1_7__-1_ prcviouilv ,\llotteci either ty-direct -----.--- I)' itlitit
-
2. z-
Tliis interpretation will not be construed to mean that an agency may not tise grant Fur;& under
progrdm in the following sitult' c1 ions:
1. For acceleration to a.significant degree, gsnerally two or more years, of the completion G
project which has been receiving a regular and ongoing fiscal commitment by the la
gove rhmen t.
For projects which the iocal government has shown intent by virtiie of appraisals, title rep0
letters of agreement and the like, but not actual fiscal commitment.
For projects which the local agency has placed in the local budgzt;try process, bat which h
gone unfunded.
2.
3.
u
\ %
39