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HomeMy WebLinkAbout1990-05-21; Parks & Recreation Commission; 590-5; 1988 Park Bond ActPARKS & RECREATION COMMISSION - AGENDA BILL AB# &JO~^ MTG.^'Z/^A DEPT. V*&> TITLE: 1988 PARK BOND ACT (ACTION) DEPT. HD. CITY ATTY CITY MGR. RECOMMENDED ACTION: Discuss and consider projects for funding under the 1988 Park Bond Act. ITEM EXPLANATION: September 15, 1990, is the deadline to apply for funding under the 1988 Park Bond Act. Grant funds in the amount of $172,000 are available to the City of Carlsbad. The funds were allotted on a per capita basis. The entire amount may be applied to one qualifying project, or a minimum of $20,000 can be applied to a number of different qualifying projects. Staff submits the following projects for consideration. However, the Commission may wish to identify additional projects for consideration. 1. Larwin Park - Development 2. Alta Mira - Acquisition/Development 3. Acquisition of Park Land - Northwest Quadrant 4. Carrillo Ranch - Restoration/Stabilization 5. Hosp Grove - Due to the necessity for Council approval of the grant application and the application deadline of September 15, 1990, it is imperative that a recommendation, endorsed by the Commission is made no later than the June 18, 1990, Parks and Recreation Commission meeting. That should allow ample time for processing the grant application through appropriate channels. FISCAL IMPACT The City will receive a total of $172,000 upon approval and completion of an approved project. EXHIBITS; 1. Memo from State of California Department of Parks and Recreation 2. Eligible/ineligible projects - 1988 Bond Act 3. General Provisions - 1988 Bond Act o 016 STATI OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN. Govtmor DEPARTMENT OF PARKS AND RECREATION P.O. BOX 942896 SACRAMENTO 94296-0001 (916) 322-9591 August 2, 1989 Keith Beverly Administrative Assistant Parks and Recreation Department City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Keith: SUBJECT: Pear Capita Allocation under Proposition 70, theYour agency has been allocated S 172,000 California Wildlife Coastal and Park Land Conservation Act of 1988 Program. Application are due September 15 if you would like to be included in the 1990-1991 fiscal year budget. These funds will be available July of next year. Each project should be at least $20,000. The application materials are found in your procedural guide. Please contact me if you have any questions. Si 017 EXHIBIT 1 EXIGIBLE PROJECTS An "individual project" may consist of similar activities at different locations, each of which way be less than $20,000, as long as the total project exceeds that amount (i.a. tennis court resurfacing at several parks, irriqation systems at several parks, etc.). The applicant must certify that the proposed project is consistent with the park and recreation plan for the applicant's jurisdiction and will satisfy a high priority need. This certification is contained in the application form. Hie following types of projects are eligible: 1. Acquisition Acquisition of readily accessible open space areas is eligible. Acquisition may include developed or undeveloped parcels, fee title, less than fee title such as easements, rights of way, riparian rights, or any interest sufficient to accomplish project goals. Priority consideration should be given to open space areas with ready access to large numbers of the immediate population. Acquisition of lands and structures to be converted to recreation use is also eligible. Projects that involve construction of new or renovation of old facilities must provide access for the disabled in accordance with applicable State statutes (see Appendix D). 2. Davelopment/Rehabilitation Development of a park that meets an identifiable recreation need, or that provides recreation opportunities not now available, is eligible. Facilities may include athletic fields, courts, open playfields, tot lots, indoor facilities, picnic tables, and a variety of other facilities that provide opportunities for active and passive recreation use. Adequate tenure to the property is required for development/rehabilitation projects. Adequate tenure means the land must be owned by. the applicant or subject to a lease or other long-term interest held by the applicant that is satisfactory to DPR. Rehabilitation of park, recreation, or historical facilities that are no longer fully serviceable, and that, when rehabilitated, provide expanded or additional recreation or historical opportunities, is eligible. Rehabilitation may include improvement of facilities that are inoperative, unsafe, or allow only limited use, as well as improvements to provide expanded use by the disabled, senior citizens, or other groups. 3. Historic Preservation Projects for acquisition, preservation, reconstruction, or restoration of historic sites or structures are eligible. Projects must appear on one of the following three registration programs: 1) National Register of Historic Places; 2) California Historic landmark Program; or, 3) Points of Historic Interest •Program. TMPT.TflTPTR PHQJBCIS 1. Projects located on school properties that are expressly for educational purposes are ineligible. 2. Projects traditionally provided by the private, nongovernment sector or by concessionaires will be considered ineligible unless it can be shown that private entrepreneurs are unavailable to make such provisions and that the project is based on measurable need. 3. Master planning for park acquisition and development. 4. Highway beautification and parking for other than recreation purposes. 5. Operations and Maintenance. EXHIBIT 2 018 CALIFORNIA WILDLIFE. COASTAL. AND PARK LAND CONSERVATION ACT PER CAPITA AND SPECIAL DISTRICT Project Agreement Special Provisions Notwithstanding any other provision of this agreement, grant moneys shall be encumbered by the Applicant within three years of the date when the appropriation became effective. Said date of appropriation is July 1,19 General Provision* A. Definitions 1. The term "Sate" is 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 with Section 5900 of the Public Resources Code. 3. The term "Project" as used herein meant the project which is described on page 1 of this agreement. 4. The term "Applicant" as usad herein means the party described as applicant on page 1 of this agreement. 5. The term "Application" a* used herein means the individual application and its required attachments for grants pursuant to Section 5907 of the Public Resources Code end submitted to the State pursuant to Section 5914 and/or Section 5919 of the Public Resources Code. B. Project Execution 1. Subject to the availability of grant moneys in the Act. the State hereby grants to the Applicant a sum of money (grant moneys) not to exceed the amount stated on pege 1 in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the Description of Project on page 1 and under the terms and conditions set forth in this agreement. Applicant agrees to assume any obligation to furnish any additional funds that may be necessary to complete the project. Any modification or alteration in the project as set forth in the application on file with the State must be submitted to the State for approval. 2. Applicant agrees to complete the Project in accordance with the time of project performance set forth on page 1, and under the terms and conditions of this agreement. 3. Applicant shall comply as lead agency with the California Environmental Quality Act (Public Resources Code, Section 21000, «t. seq. 4. If the Project includes development, the development plans and specifications or force account schedule shall be reviewed and approved by the State. 5. Applicant agrees to secure completion of the development work in accordance with the approved development plans and specifications or force account schedule. 6. Applicant agrees to permit periodic site visits by the State to determine if development work is in accordance with the approved plans and specifications or force account schedule, including a finai inspection upon Project completion. 7. Applicant agrees to submitt all significant deviations from the Project to the State for prior approval. DPR 809A IS/88) EXHIBIT 3 8. If the Project includes acquisition of real property Applicant agrees to comply with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and any applicable federal, state, or local laws or ordinances. Documentation of such compliance mill be made available for review upon request by the State. 9. Applicant agrees to furnish State preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by State. Applicant agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of State might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. 10. Applicant agrees to provide for reasonable public access to lands acquired in fee with grant moneys except where that access may interfere with habitat protection. C. Project Costs The Grant moneys to be provided Applicant under this agreement may be disbursed as follows: 1. If the Project includes acquisition of real property, the State may disburse to Applicant the grant moneys as follows, but not to exceed in any event the State grant amount sat forth on page 1 of this agreement: a. When acquisition is through negotiated purchase. State may disburse the amount of the State approved purchase price together with State approved costs of acquisition. b. When acquisition ii allowed pursuant to this Act through proceedings in eminent domain. State may disburse the amount of the total award as provided for in the final order of condemnation together with State approved costs of acquisition. c. In the event Applicant abandons such eminent domain proceedings. Applicant agrees to bear all costs in connection therewith and that no grant moneys shall be disbursed for such costs. 2. If the Project includes development, after approval by State of Applicant's plans and specifications or force account schedule and after completion of the Project or any phase or unit thereof, State may disburse to Applicant upon receipt and approval by State of a statement of incurred costs from Applicant, the amount of such approved incurred costs shown on such statement, not to exceed the State grant amount set forth on page 1 of this agreement, or any remaining portion of such grant amount to the extent of such statement. State may disburse up to 100% of the State grant amount allocated for development upon receipt and approval by State of Applicant's plans and specifications or force account schedule. The statements to be submitted by Applicant shall set forth in detail the incurred or-estim'ated cost of work performed or to be performed on development of the Project and whether performance will be by construction contract or by force account. Statements shall not be submitted more frequently than ninety day periods unless otherwise requested by State. Modifications of the development plans and specifications and/or force account schedule must be approved by State prior to any deviation from the State approved plans and specifications and/or force account schedule unless previously authorized by the State. D. Project Administration 1. Applicant agrees to promptly submit such reports as the State may request. In any event Applicant shall provide State a report showing total final Project expenditures. 2. Applicant agrees that property and facilities acquired or developed pursuant to this agreement shall be available for inspection upon request by the State. 3. Applicant agrees to use any moneys advanced by the State under the terms of this agreement solely for the Project herein described. 4. If grant money* are advanced, the Applicant agrees it should place such moneys in a separate interest beering account, setting up and identifying such account prior to the advance, interest earned on grant moneys shall be used on the project or paid to the State. If grant moneys are advanced and not expended, the unused portion of the grant shall be returned to trie State within 60 days of completion of the Project or end of the Project performance period, whichever is earlier. 5. Applicant agrees that income earned by the Applicant from a State approved non-recreational use on the Project shall be used for recreational purposes at the Project, or, if approved by the State, for recreational purposes within the Applicants jurisdiction. E. Project Termination 1. Applicant may unilaterally rescind this agreement at any time prior to the commencement of the Project. After Project commencement this agreement may be rescinded, modified or amended by mutual agreement in writing. 2. Failure by the Applicant to comply with the terms of this agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder. 20 020 DPR 809A (8/881 B- 3 3. Failure of the Applicant to comply with the terms of this agreement shall not be cause for the suspension of all obligations of the State hereunder if in the judgment of the State such failure was due to no fault of the Applicant. In such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this agreement. 4. Because the benefit to be derived by the State, from the full compliance by the Applicant with the terms of this agree- ment, is the preservation, protection and net increase in the quantity and quality of parks, public recreation facilities and/or historical resources available to the people of the State of California and because such benefit exceeds to an immeasurable and unascertainabie extent the amount of money furnished by the State by way of grant moneys under the provisions of this agreement, the Applicant agrees that payment by the Applicant to the State of an amount equal to the amount of the grant moneys disbursed under this agreement by the State would be inadequate compensation to the State for any breach by the Applicant of this agreement. The applicant further agrees therefore, that the appro- priate remedy in the event of a breach by the Applicant of this agreement shall be the specific performance of this agreement, unless otherwise agreed to by the State pursuant to Section 5919 (b). Public Resources Code. 5. Applicant and State agree that if the Project includes development final payment may not be made until the Project conforms substantially with this agreement and is a useable public recreation facility- F. Hold Harmless 1. Applicant agrees to waive all claims and recourse against the State including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this agreement except claims arising from the concurrent or sola negligence of State, its officers, agents, and employees. 2. Applicant agrees to indemnify, hold harmless and defend State, its officers, agents and employees against any and all claims demands, damages, costs, expenses or liability costs arising out of the acquisition, development, construction, operation or maintenance of the property described at the Project which claims, demands or causes of action arise under Government Code Section 89S.2 or otherwise except for liability arising out of the concurrent or sole negligence of State, its officers, agents, or employees. 3. Applicant agrees that in the event SUM is named as codefendant under the provisions of Government Code Section 395 et seq., the Applicant shall notify Sun of such fact and shall represent State in the legal action unless State undertakes to represent itself as codefendant in such legal action in which event State shall bear its own litigation costs, expenses, and attorney's fees. 4. Applicant and Sute agrees that in the event of judgment entered against the State and Applicant because of the con- current negligence of ih* State and Applicant, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request e jury apportionment. 5. Applicant agrees to indemnify, hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the Ap- plicant has certified. Applicant acknowledges that it is solely responsible for compliance with items to which it has certified. G. Financial Records 1. Applicant agrees to maintain satisfactory financial accounts, documents and records for the Project and to make them available to the State for auditing at reasonable times. Applicant also agrees to reum such financial accounts, documents and records for three years following project termination or completion. Applicant and State agree that during regular office hours each of the parties hereto and their duly authorized repre- sentatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this agreement or matters related thereto. Applicant agrees to maintain and make available for inspection by the Sute accurate records of all of its costs, disbursements and receipts with respect to its activities under this agreement. 2. Applicant agrees to use any generally accepted accounting system. H. Use of Facilities 1. Applicant agrees that the property acquired or developed with grant moneys under this agreement shall be used by the Applicant only for the purpose for which the State grant moneys were requested and no other use of the area shall be permitted except by specific act of the Legislature. 2. Applicant agrees to maintain and operate the property acquired, developed . rehabilitated or restored with grant monies in perpetuity subject to the provisions of Public Resource Code Section 5917. With the approval of State, the applicant or its successors in interest in the property may transfer the responsibility to maintain end operate the property in accordance with Section 5919. I. Nondiscrimination 1. The Applicant shall not discriminate against any person on the basis of sex. race, color, national origin, age, religion, ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to tpis agreement. 2. The Applicant shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 21V7 *W -I. OPR 809A IS/88) B- 4 021 3. All Facilities jhatl bt open to members of the public generally, txcept a> noted under the ipecial provisions of this protect agreement. Application Incorporation Thi Aopilcation and «nv tubiBQuant change or addicion approved bv tha Stata is hanbv incoroonttd in thit >grt«mant at though jat forth in full in this agreement. If any provision of this agreement or tht application thereof i) held invalid, that invalidity ihail not affect other pro- visions or appti cat ions of the agreement which can be given effect without the invalid provision or application, and to thn and the provisions of this agreement are leverable. 22 DPR 8Q9A (8/8fl)B- 5 022