HomeMy WebLinkAbout1989-11-07; City Council; 10351; FORMATION OF A CARRILLO RANCH STABILIZATION COMMITTEEt
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CI~OF CARLSBAD - AGEN~BILL Y l
AB# jL,,T5 I TITLE: DEP
MTG.+ FORMATION OF A CARRILLO RANCH CITY
CITY DEPT. RED
RECOMMENDED ACTION:
STABILIZATION COMMITTEE
If Council concurs, your action is to adopt Resolution No.Ff-Z$3 approving formation of a stabilization committee to guidethe consultant in the expenditure of the $400,000 State Historic Preservation Grant for the stabilization of Carrillo Ranch.
ITEM EXPLANATION:
At your meeting of August 15, 1989, the City Council received a recommendation from the Historic Preservation Commission on the formation of an ad-hoc committee to study and make recommendations on the use(s) of Carrillo Ranch.
The City Council determined that it is not appropriate at this time to plan or discuss future uses of Carrillo Ranch. This item was directed back to staff to provide information to the Council on the general provisions of the grant and to provide a stabilization project timeline.
The general provisions for the administration of the
$400,000 State grant include the following:
1. This is a three-year grant, i.e., the IIProject Performance Periodtt is July 1, 1989 to June 30,
1992.
2. The stabilization project funded by this grant must be completed, and all grant moneys encumbered, in accordance with the Project Performance Period stated above.
3. Development plans and specifications must be prepared by State-qualified professionals and approved by the State Historic Preservation Officer e
4. The Grant is for reimbursement of project costs. The State will not disburse advance payments.
5. Moneys reimbursed by the State must be used solely for the Carrillo Ranch Stabilization Project.
6. The City must obtain the prior approval of the State Historic Preservation Officer before any future alterations are made to Carrillo Ranch structures and/or property that were stabilized with grant funds.
The Historic Preservation Commission, the Parks & Recreation Commission, the Arts Commission and staff believe that a tfstabilization committeett would allow the
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AGENDA BILL NO. sc, 3 5 1 PAGE 2 1
City to most effectively oversee and guide the work of the consultant on the stabilization of the Ranch. Complete stabilization of the Ranch will exceed $400,00. The stabilization plans with cost estimate will, however, be prepared to show the full stabilization. It will be the Committee's responsibility to provide general direction to the Consultant and to prioritize the specific areas and facilities to be stabilized. The scope of stabilization with recommended priorities will be returned to Council
for approval.
The stabilization project timeline is attached as Exhibit
3, Time Schedule for Stabilization of Carrillo Ranch.
It is recommended that the stabilization committee be made up of one member of the Historic Preservation Commission, one member of the Parks & Recreation Commission, and one member of the Arts Commission. A staff member from each
of the Commissions would provide staff support to this committee along with staff from the Municipal Projects Division who will be responsible for administration of the construction phase.
FISCAL IMPACT:
The State has allowed the City to combine the 1989
$400,000 State grant with the 1987 $90,000 State grant for total project cost of $490,000. These grants will reimburse the City for all direct costs and in-kind expenditures incurred in the completion of the Carrillo Ranch Stabilization Project.
There will be no fiscal impact with the formation of a stabilization committee other than staff time to attend meetings and gather information.
EXHIBITS :
1. Resolution No. 89 - 39.5
2. Letter and Project Agreement from the State Office of
3. Document titled IITime Schedule for Stabilization of
Historic Preservation dated September 22, 1989.
Carrillo Ranch. II
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RESOLUTION NO. 89 - 395
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE FORMATION OF
A STABILIZATION COMMITTEE TO GUIDE THE EXPENDITURE OF THE $400,000 STATE HISTORIC PRESERVATION GRANT FOR THE STABILIZATION OF CARRIUO RANCH.
WHEREAS, the City Council of the City of Carlsbad,
California has determined that formation of a stabilizat
committee to guide the expenditure of the $400,000 State
Historic Preservation Grant for the stabilization of
Carrillo Ranch is necessary and desirable;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City
Council of the City of Carlsbad, California as follows:
1. That the foregoing recitation is true and corre
2. That a stabilization committee comprised of one member of the Historic Preservation Commission, member of the Arts Commission, and one member o the Parks and Recreation Commission is hereby formed.
3. That the duties of the stabilization committee will be to guide the consultant in the expendit of the $400,000 State Historic Preservation Gra.
one year from the date of formation. 4. That the stabilization committee shall disband
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PASSED, APPROVED AND ADOPTED at a regular meeting oj
the City Council of the City of Carlsbad, California helc
on the 7th day of November , 1989, by the following vot
to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and La
NOES: None
ABSENT: None
ABSTAIN: None
&LdA IS, Mayor CLAUDE A.
ATTEST:
-i mmT~~i~~~rk 2-J
(SEAL)
RESOLUTION NO. %v s 390
2Et"Ei:JEg SE;. J p3cJ
I- STATE OF CALIFORNIA -THE RESOURC a GENCY GEORGE DEUKME,
'. OFFICE OF HISTORIC PRESERVATION
DEPARTMENT OF PARKS AND RECREATION
SACRA MENTO, CALI FOR N iA 94296-0001 POST OFFICE BOX 942896
(91 6) 445-8006
September 22, 1989
Ms. Patricia Cratty City of Carlsbad
2965 Roosevelt Street, Suite B Carlsbad, CA 92008
Dear Ms. Cratty:
Subject: 1988 State Bond - History and Archeology Grants Program
Enclosed is the City of Carlsbad's executed copy of the agreemeni
for the Leo Carrillo Ranch.
Sincerely, /iL&L /?[ 7ZL(
Deborah McClune Grants Assistant
a e DEPARTMENT OF PARKS AND RECREATION Slate of California -The Resources Agency
PROJECT AGREEMENT
CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT
HISTORY AND ARCHEOLOGY GRANTS PROGRAM
City of Carlsbad RECIPIENT:
PROJECT TITLE: Leo Carrillo Ranch PROJECT NUMBER: 6 1 9 * 0-HP-88-:
PROJECT PERFORMANCE PERIOD:
Under the terms and conditions of this agreement, the Recipient agrees to complete the project as specifically d
architectural plans and specifications (labeled and submitted according to the 1989 Procedural G -California Wildli
ParkLand Consetvation Act). The State Historic Preservation Officer reserves the absolute right to approve or disap
and specificationsforthe project. The State of California, acting through its Director of Parks and Recreation pursuant q
Wildlife, Coastal, and Park Land Conservation Act of 1988, agrees to fund the project up to the total state grant am(
PROJECT DESCRIPTION:
The preservation of the above project includes the stabilization, restoration, rehabilitation, and/or acquisition of si{
resources according to the approved plans and specifications.
Total State Grant not to exceed $
The General and Special Provisions attached are made a part of and are incorporated into the Agreement.
RECIPIENT . STATE OF CALIFORNIA
July 1,1989 to June 30,1992
400,000
DEPARTMENT OF PARKS AND RECREATION
I 4, BY W BY r
Title HOUSING AND REDEVELOPMENT DIRECTOR - Title State Historic Preservation Office
Dale August 30, 1989 Date 9/7/87
c
Signature of Authorized Representative 0
CERTIFICATION OF FUNDING
3
' ADJ. DECREASiNG ENCUMBFlANCE
DPR 828 (7189)
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CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT
HJSTORY AND ARCHEOLOGY GRANTS PROGRAM
Project Agreement Special Provisions
t
Notwithstanding any other provision of this agreement, grant moneys shall be encumbered by the Recipient within three years of appropriation became effective. Said date of appropriation is July 1, 1989.
General Provisions
A. Definitions 1. The term "State' as used herein means the California State Department of Parks and Recreation.
2. The term 'Act' as used herein means the California Wildlife, Coastal, and Park Land Conservation Act commencing w
the Public Resources Code.
3. The term 'Project. as used herein means the project which is described on page 1 of this agreement
4. The term Reapient as used herein means the party described as Recipient on page 1 of this agreement
B. Project Execution
1. Subject to the availability of grant moneys in the Act, the State hereby grants to the Recipient a sum of money (grant h the amount stated on page 1 in consideration of and on condition that the sum be expended in cawing out the pup the Oesaiption of Project on page 1 and under the terms and conditions set forth in this agreement
Reapient agrees to assume any obligation to furnish any additional funds that may be necessary to complete the prc
Any proposed modification or alteration in the project as set forth in the application on file with the State must be sub1
for prior approval.
2. The Recipient agrees to complete the Project in accordance with the time of project performance set forth on page 1, iil
and conditions of this agreement
3. Development plans and specifications shall be prepared by qualified professionals as required by the State.
4. The Recipient shall secure completion of the development work in accordance with the approved development plans or Force Account Schedule.
5. The Recipient shall permit periodic site visits by the State to determine if development work is in accordance with the a specifications or Force Account Schedule, induding a final inspection upon Project completion.
6. All significant deviations from the Project shall be submitted td the State for prior approval.
7. Reapient shall comply as lead agency with the California Environmental Quality Act (Public Resources Code, Sectio
8. If the Project includes acquisition of real property Recipient agrees to comply with Chapter 16 (commencing with Sectioi 7 of Title 1 of the Government Code and any applicable federal, state, or local laws or ordinances. Documentation ol
will be made available for review upon request by the State.
9. Reapient agrees to furnish State preliminary btle reports respecting such real property or such other evidence of title WI
to be sufficient by State. Recipient agrees in negotiated purhases to correct prior to or at the close of escrow any de
in the opinion of State might interfere with the operation of the Project In condemnation actions such title defects mus the final judgment.
10. Recipient agrees to provide for reasonable public access to lands acquired in fee with grant moneys except where that ac
with habitat protection or with the protection of culturally sensitive resources.
.
\\
DPR 828 A (7/89)
C. Project Costs !W rn
The Grant moneys to be provided Recipient under this agreement may be disbursed as follows:
1.
2
3.
This grant is for the reimbursement of Project costs. The State may not disburse advance payments.
Ten percent may be withheld until the project has been completed and audited by the State.
After review by State of Recipients plans and specifications or Force Account Schedule and after completion of the P phase or unit thereof, State may disburse to Recipient upon receipt and approval by State of a statement of incumc Recipient the amount of such approved inarrred costs shown on such statement, not to exceed the State grant am01
on page 1 of this agreement, or any remaining portion of such grant amount to the extent of such statement.
The statements to be submitted by Recipient shall set forth in detail the incurred cost of work performed.Statemc
be submitted more frecp~entty than ninety day periods unless otherwise requested by State.
4.
D. Project Administration
1. Modifications of the development plan and schedule must be approved by State prior to any deviation from the State rt
and schedule unless previously authorized by the State.
The Recipient shall promptly submit su& reports as the State may request. In any event Reapient shall provide Stz
showing total final Project
Properties and faalities developed pursuant to this agreement shall be available for inspection by the State upon reql
Moneys reimbursed by the State under the terms of this agreement must be used solely for the Project herein descrii
2.
3.
4.
E. Project Termination
1. The Recipient may unit aterally rescind this agreement at any time prior to the commencement of the Project After Projecl
ment, this agreement may be rescinded, modified or amended by mutual agreement in writing.
Failure by the Recipienittocomplywiththetermsof thisagreementoranyothwagreementundertheActmay becausefo of all obligations of the State hereunder.
Failure of the Recipient to comply with the terms of this agreement shall not be cause forthe suspension of all obligationi
hereunder if in the judgment of the state such failure was due to no fault of the Reapient In such case, any amount reqi at minimum cost any iirevocable obligations property incud shall be eligible for reimbursement under this agreeme
Because the benefit to be derived by- the State, from the full compliance by the Recipient with the terms of this agree
pre- servation, promion and development of a specik historical resource available to the people of the State of Ca
because such benefit ctxceeds to an immeasurable and unascertainable extent the amount of money furnished by the ! of grant moneys under the terms of this agreement, the Reapient agrees that payment by the Reapient to the State c
equal to the amount 01 the grant moneys disbursed under this agreement by the State would be inadequate compen
State for any breach by the Reapient of this agreement The Recipient further agrees therefore, that the appropriate n event of a breachby the Re- cipient of this agreement shall be the specific performance of this agreement.
2.
-
3.
4.
F. Hold Harmless
1. Reapient hereby waiws all daims and recourse against the State induding the right to contribution for loss or damagt
or property arising from, growing out of or in any way connected with or inadent to this agreement except claims aris
concurrent or sole negligence of State, its officers, agents, and employees.
Recipient shall indemnify, hold harmless and defend State, its officers, agents and employees against any and all daim
damages, costs, expenses or liability costs arising out of the acquisition, development, construction, operation or mainte
property described as the Project which daims, demands or causes of action arise under State Law or otherwise exce
arising out of the conciurrent or sole negligence of State, its officers, agents, or employees.
In the event State is named as codefendant, the Recipient shall notify State of such fact and shall represent State in thc
unless State undertakes to represent itself as codefendant in such legal action in which event State shall bear its own liti
expenses, and attorney's fees.
In the event of judgment entered against State and Redpient because of the concurrent negligence of State and Re
officers, agents, or employees, an apportionmentof liability to pay such judgmentshall be made by acourtofcompeten Neither party shall request a jury apportionment.
2.
3.
/
4.
G. Finandal Records
1. The Recipient shall maintain sabsfactory financial accounts, documents and records for the Project and shall make th
to the State for auditing at reasonable times. Such accounts, documents and records shall be retained by the Recip years following project termination or completion.
I e a
During regular office hours each of the parties hereto and their duly authorized representatives shall have the right to ins copies of any books, recards or reports of the other party pertaining to this agreement or matters related thereto. Recipier;
and make available for inspection by State accurate records of all of its costs, disbursements and receipts with resped
under this agreement
The Recipient may use any generally accepted accounting system. 2.
H. Use of Faciilties
The agreements spedfied in paragraphs (1) and (2) of this subdivision shall not prevent the transfer of property acquired, develope
or restored with funds authorized pursuant to Section 5907 from the Recipient to a public agency, provided the successor public a!
the obligations imposed by those agreements.
The Recipient agrees to maintain and operate the property acquired, developed, rehabilitated, or restored with the fun(
subject to the provisions of Public Resources Code Section 591 7. With the approval of the State, the Recipient or its succe
in the property may transfer the responsibility to maintain and operated the property in accordance with Section 591
Resources Code.
The Recipient agrees to use the property only for the purposes of this division and to make no other use, sale, or othc
the property except as authorized by specific act of the Legislature.
1.
2.
1. Nondiscrimination
1. The Recipient shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, anw
handicap in the use of any property or facility acquired, deveioped, rehabilitated, or restored pursuant to this agreem
The Recipient shall not discriminate against any person on the basis of residence except to the extent that reasonab
admission or other fees may be maintained on the basis of residence and pursuant to law.
All facilities shall be open to members of the public generally, except as noted under the Project Execution of this prc
2.
3.
J. Preservation Standards
1. All work done on the property funded under this agreement shall comply with The Secretary ofthe Interior'sstandards servatbn Pmjecrs and/or Secretary of the Interior's Standards, Archeology and Historic Preservation.
The Recipient agrees to obtain the prior approval of the State Historic Preservation Officer before any future alterations
property acquired, developed. rehabilitated, or restored with grant funds under this agreement.
2.
K. Notice of Encumbran-
The Recipient agrees to record a Notice of Encumbrance in the chain of title of the property acquired, developed, rehabilitated, or re
funds under this agreement, such that a subsequent Transferee would have notice of the provisions of this agreement.
Failure to Preserve Historic Resources
Grant funds under this project agreement were awarded to the Redpient based on the historic significance and integrity of the pi
funds were awarded. The Reapient agrees that any alteration deemed by the State Historic Presetvation Officer to unduly reduc historic integrity shall be avoided, according the Sections E4, H-1, and J-1 & 2 above. If the Reapient proposes to cease preser
integrity of the property, or to sell or otherwise dispose of it, and obtains approval for this action by a speak act of the Legislature, th
agrees to do one of the following:
If the use of the property acquired through grants pursuant to this division is changed to one other than permitted ur
from which the funds were appropriated, or the property is sold or othewise disposed of, an amount equal to the (1) am
(2) the fair market value of the real property, or (3) the proceeds from the portion thereof, acquired, developed, rehabili' with the grant shall be used by the Recipient for a purpose authorized in that category or shall be reimbursed to the fi
able for appropriation only for a use authorized in that category.
If the property soM or otherwise disposed of is less than the entire interest in the property originally acquired, develop or restored with the grant, an amount equal to the proceeds or the fair market value of the property interest sold or ott
of, whichever is greater, shall be used by the Recipient for a purpose authorized in that category or shall be reimburse be available for appropriation only for a use authorized in that category.
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1.
2.
M. Application Incorporation
The Application and any subsequent change or addition approved by the State is hereby incorporated in this agreement as thoug in this agreement
N. Severability
If any provision of this agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or api
agreement which can be given effect without the invalid provision or application, and to this end the provisions of this agreemer
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TENTATIVE TIME SCHEDULE FOR
STABILIZATION OF CARRILLO RANCH
Finish Stabilization Drawings December 22, 19
Revise Scope of Architecture Work* December 29, 19
City to Approve Amended Contract January 19, 199
Prepare Schematic Concepts for February 16, 19 Improvements to the Ranch
Receive Approvals from Office of March 9, 1989 Historic Preservation*
Receive Approvals from City of March 16, 1989 Carlshad/Historic Pres. Comm,
Prepare Construction Documents June 29, 1990
Receive Approval of OHP July 20, 1990
Receive Approval. from City of July 27, 1990 Car 1 s bad
Prepare Bid Documents August 17, 1990
Award Contract September 21, 1'
Complete Construction of November 15, 19 Improvements
Acceptance of Architect/OHP/ December 13, 19
*Ongoing
REVISED: 27 OCT 89