Loading...
HomeMy WebLinkAboutCity Council - 3530 RESOLUTION NO. 3530 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO AN APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR GRANT TO ACQUIRE OPEN-SPACE LAND FOR PARK AND RECREATIONAL PURPOSES WHEREAS , Title VII of the Housing Act of 1961, as amended, provides for the making of grants by the Secretary of Housing and Urban Development to states and local public bodies to assist them in the acquisition of permanent interests in land for open- space uses where such assistance is needed for carrying out a unified or officially coordinated program for the,, provision and development of open-space land as part of the comprehensively planned development of the urban area; and The City of Huntington Beach, herein referred to as "Appli- cant , " desires to acquire fee title to certain land known as Huntington Central Park (Phase I) , consisting of certain parcels included within the general area. bounded by Goldenwest Street on the west and Gothard Street on the east, Ellis Avenue on the south and Talbert Avenue on the north, which land is to be held and used for permanent open-space land for general park and recreation purposes , including migratory bird sanctuary, nature trails , jogging trails , bike trails , boating, fishing, picnic areas , ball diamonds , tennis courts , children's play centers , overnight camping, and other passive and active outdoor activities ; and Title VI of the Civil Rights Act of 1964, and the regula- tions of the Department of Housing and Urban Development effectu- ating that title , provide that no person shall be discriminated against because of race , color, or national origin in the use of land acquired and/or developed; and 1 . It is recognized that the contract for Federal grant will impose certain obligations and responsibilities upon Applicant and will require among other things ( 1) assurances that families and individuals displaced as a result of the open-space-land pro- ject are offered decent , safe and sanitary housing; (2) compliance with Federal labor standards ; and ( 3) compliance with Federal requirements relating to equal employment opportunity; and It is estimated that the cost of acquiring said interest will be $1 ,377 ,255 ; and It is estimated that the total amount of relocation payments to be made to eligible site occupants displaced from property to be acquired will be $40 ,000 , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AS FOLLOWS : 1. That an application be made to the Department of Housing and Urban Development for a grant in an amount authorized by Title VII of the Housing Act of 1961, as amended, which amount is presently estimated to be $728 ,612 , and that Applicant will pay the balance of the cost from other funds available to it . 2 . That the Mayor is hereby authorized and directed to execute and to file such application with the Department of Hous- ing and Urban Development , to provide additional information and to furnish such documents as may be required by said Department , to execute such contracts as are required by said Department , and to act as the authorized correspondent of Applicant . 3 . That the proposed acquisition and development is in accordance with plans for the allocation of land for open-space uses , and that , should said grant be made , Applicant will acquire , develop, and retain said land for the use designated in said application and approved by the Department of Housing and Urban Development . 4 . That the United States of America and the Secretary of Housing and Urban Development be , and they hereby are , assured of full compliance by Applicant with regulations of the Department 2 . of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964 . 5 . That there exists in the locality an adequate amount of decent , safe , and sanitary housing which is available to persons displaced as a result of the open-space-land project , at prices which are within their financial means , and which are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced in- dividuals and families , and it is the sense of this body that such displacees , if any , will be relocated in accordance with applicable regulations of the Department of Housing and Urban Development . 6 . That the United States of America and the Secretary of Housing and Urban Development be , and they hereby are , assured of full compliance by Applicant with the Federal labor standards imposed under Title VII of the Housing Act of 1961, as amended . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on the 28th day of June , 1972 . ti Mayor ATTEST: PAUL C . JONES, City Clerk By l( r Assistantl7ity Clerk APPROVED AS TO FORM: DON P.'' BO FA, C ' y ttorney B ( ;r S , Deputy 3 . CERTIFICATE The undersigned hereby certifies that : 1. She is duly qualified and acting Assistant City Clerk of the City of Huntington Beach (herein called the "Applicant") and the keeper of its records. 2 . The attached resolution is a true and correct copy of the Reso— lution as finally adopted at a meeting of the Applicant held on the 28th day of June , 1972 , and duly recorded. 3 . Said meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due and proper notice of the meeting was given. A legal quorum was present throughout the meeting, and a legally sufficient number of members of the Applicant voted in the proper manner for the adoption of said resolution. All other requirements and pro— ceedings under law incident to the proper adoption or passage of said resolution have been duly fulfilled, carried out and otherwise observed. 4 . If an impression of the seal has been duly affixed below, it constitutes the official seal of the Applicant , and this certi— ficate is hereby executed under such official seal . If no seal has been affixed, the Applicant does not have and is not legally required to have an official seal . 5 . The undersigned is duly authorized to execute this certificate . IN WITNESS WHEREOF, the undersigned has hereunto set her hand this 28th day of June , 1972 . 4RNSTINA DI BIO Assistant City Clerk ATTEST : e DAVID D. nO LANDn City Administrator OFFICE OF 1N6'op��9 CITY ATTORNEY - s P. O. BOX 190 9 _ HUNTINGTON BEACH 9'sf��MTr`p`\�oe CALIFORNIA 92648 DON P. BONFA 28 J l 2 TELEPHONE June CITY ATTORNEY 97 (714) 536-5261 Honorable Mayor and City Council City of Huntington Beach Post Office Box 190 Huntington Beach, California 92648 Gentlemen: I am an attorney at law admitted to practice in the State of California. I have examined your application for a grant under Title VII of the Housing Act of 1961, as amended, whereby assistance is requested in the acquisition of fee title to certain land known as Huntington Central Park (Phase I) ; which land is to be held and used for permanent open-space land for general park and recreation purposes . It is my opinion that the legal name of the City of Huntington Beach, as shown on the application, is correct . I have examined the resolution certified by your recording officer and authorizing the submission of the aforementioned application and I find that it contains the findings and assurances which appear in the Guide Form of Resolution, known as Attachment C to Letter No . OS-5 , Suggested Form of Reso- lution of Applicant Authorizing Filing of Application for Grant to Acquire and Develop Open-space Land, and that the submission of said application and its execution by the official who executed it are fully authorized by your governing body . The City of Huntington Beach has previously received a Federal grant under Title VII of the Housing Act of 1961, as amended, and there have been no material changes in state or local law affecting the validity of its organization or relevant powers and authority since the date of such previous application, and there has been no material change in the status of any pending or threatened litigation . Based upon the foregoing, it is my opinion that the City of Huntington Beach is a public body empowered to receive and ex- Letter to City Council Page 2 City of Huntington Beach 28 June 1972 pend Federal , State and local funds , to contract with the United States of America for the purpose of receiving a grant under Title VII of the Housing Act of 1961, as amended, and to undertake and complete the proposed acquisition of fee title in the above-described land and, upon such acquisition, retain said interest for the designated permanent open-space uses ; and that , upon development of said interest in said land, the interest of the City of Huntington Beach will be free and clear of any restrictions which would interfere with the stated purpose of said grant to develop and maintain said land as permanent open-space land. Respectfully submitted, IDO P. BONFA C'ty ttorney y �.IS MEV Deputy City Attorney DPB :WM:ahb Res. No. 3530 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex- officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular adjourned meeting thereof held on the 29th day of June , 1972 , by the following vote: AYES: Councilmen: Bartlett, Matne_y, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs , Green Paul C. Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By r sistant City -Clerk