HomeMy WebLinkAbout1986-08-12; City Council; Resolution 8749f
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RESOLUTION NO. 8749
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A LIST OF ASSURANCES
REQUIRED 8Y THE COASTAL CONSERVANCY TO APPROVE GRANT
FUNDS UNDER THE COASTAL CONSERVANCY ACCESS GRANTS
PROGRAM FOR SEAWALL-RELATED ACCESS STRUCTURES.
WHEREAS, a list of assurance is required for grant funds
under the Coastal Conservancy Access Grants Program before
approval by the Conservancy Board can be received; and
WHEREAS, the Legislature has established the State Coastal
Conservancy (pursuant to Public Resources Code 31000-31400) and
authorized it to award grants to local public agencies for the
acquisition and development of coastal accessways; and
WHEREAS, the grants are awarded pursuant to Guidelines
established by the Coastal Conservancy for determination of,
project eligibility for funds; and
WHEREAS, said procedures established by the Coastal
Conservancy require the applicant to certify by resolution the
approval of applications and listed assurances prior to
submission of said applications to the State;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Carlsbad hereby approves Resolution No. 8749 to
include the following:
1. Approves the filing of an application for funding
under the State Coastal Conservancy’s Access Grants Program;
and
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2. Certifies that said agency agrees to the assurances, a
copy of which is attached hereto as Exhibit A and made a part
thereof; and
3. Certifies that said agency has or will have sufficient
funds to operate and maintain the project(s) funded under this
program ;
4. Agrees to provide any funds needed beyond the grant
requested to complete the project(s) funded under this program
through the allocation of uncommitted funds.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 12th day of August ?
1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST: MAR4 H. CASLER, Mayor
ALETHA L. RAUTENKRANZ, City Clerjc
(SEAL)
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LIST OF ASSURANCES
The applicant hereby assures and certifies that it will comply with Conservancy
regulations, policies, guidelines and requirements as they relate to the
acceptance and use of Conservancy funds for this project. Also, the applicant
gives assurance and certifies with respect to the grant that:
1. It possesses legal authority to apply for the grant, and to finance and
construct the proposed facilities; that, where appropriate, a resolution,
motion of similar action has been duly adopted or passed as an official act
of the applicant's governing body, authorizing the filing of the
application, including all understandings and assurances contained therein,
and directing and authorizing the person identified as the official
representative of the applicant to act in connection with the application
and to provide such additional information as may be required.
2. It will have sufficient funds available to meet its own share of the cost
for projects. Sufficient funds will be available when the project is
completed to assure the effective operation and maintenance of the
facilities for the purposes constructed.
3. It holds sufficient title or interest in the property to enable it to
undertake lawful development and construction of the project. Except in the
case where the Grantee is acquiring an interest in the property as a part of
the project development such title documentation shall be reviewed by the
Executive Officer of the Conservancy.
4. It will not dispose of or encumber its title or other interests in the site
and facilities except as permitted by the Conservancy.
5. It will give the Conservancy, through any authorized representative, access
to and the right to examine all records, books, papers, or documents related
to the grant.
6. It will cause work on the project to be commenced within a reasonable time
after receipt of notification from the Conservancy that funds have been
approved and that the project will be carried to completion with reasonable
diligence.
7. It will, where appropriate, comply with the requirements of the State's
Braithwaite Act (Chapter 1574, Statutes of 1971 and related statutes), which
provides for fair and equitable treatment of displaced persons.
8. It will, where appropriate, comply with the requirements of the California
Environmental Quality Act.
9. It will comply with all requirements imposed by the Conservancy concerning
special provisions of law, and program requirements.