HomeMy WebLinkAboutCity Council - 5244 RESOLUTION NO. 5244
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH APPROVING THE APPLICATION FOR
LAND AND WATER CONSERVATION FUNDS FOR HUNTINGTON
'r CENTRAL PARK ACQUISITION PROJECT
WHEREAS, the Congress under Public Law 88-578 has authorized
the establishment of a Federal Land and Water Conservation Fund
Grant-in-Aid Program, providing matching funds to the State of
California and its political subdivisions for acquiring lands and
developing facilities for public outdoor recreation purposes ; and
The state Department of Parks and Recreation is responsible
for the administration of the program within the state, setting up
necessary rules and procedures governing application by local
agencies under the program; and
Said adopted procedures established by the state Department
of Parks and Recreation require the applicant to certify by resolu-
tion the approval of applications and the availability of local
matching funds prior to submission of said applications to the
state; and
The proposed Huntington Central Park Acquisition Project
is consistent with the state Outdoor Recreation Plan Recreation
in California, Issues and Actions 1981-1985; and
The project must be compatible with the land use plans of
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those jurisdictions immediately surrounding the project ,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that it hereby:
1. Approves the filing of an application for Land and Water
Conservation Fund assistance; and
2. Certifies that said agency has matching funds from the
following sources : Parklands Bond Act of 1980 and Roberti Z'berg
Open Space 1976 State Bond Act, and can finance 100 percent of the
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project, half of which will be reimbursed; - and
3. Certifies that the project is compatible with the land
use plans of those ,jurisdictions immediately surrounding the
project; and
4 . Appoints the City Administrator as agent of the city
to conduct all negotiations, execute and submit all documents in-
cluding but not limited to applications, agreements, amendments,
billing statements, and so on which may be necessary for the com-
pletion of the aforementioned project .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 21st
day of March 1983.
Mayor
ATTEST: APPROVED AS TO FORM:
IL
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPRO
City Admins rato 7E;;,44—ity�/0'Sefvices Director
2.
EXHIBIT A
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MEMORM14 OF U MFMTANDING -- NPS/UKF GRANTS
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I APPLICANT: City of Huntington Beach
j PRWEC,T(S) : Huntington Central Park Acquisition
I have determined that the Applicant's LWCF acquisition and/or development
project(s) will not adversely affect cultural properties included in or
eligible for inclusion in the National Register of Historic Places. This
determination is contingent upon the Applicant's concurrence that any plans
for development, not to exclude minor improvements involving ground
disturbance, will be submitted to the State Historic Preservation Officer for
review and cament at the earliest opportunity. In the event that development
plans will not be formulated and/or implemented by the Applicant but by
another agency or group, the Applicant will assume the responsibility for
ensuring that all provisions and stipulations contained herein are executed,
as needed, jointly with that agency or group or independently by that agency
or group. This determination is further contingent upon the Applicant's
ccomitment to implement in good faith the following program of ccmpliance with
36 CFR 800, Executive Order 11593, and Section 106 of the National Historic
Preservation Act of 1966 as amended:
1. The Applicant accepts the premise that proper cultural resource
'II identification, evaluation, and management will be an integral part of the
planning process for the project(s) .
2. Accordingly, prior to the ccmnencement of any physical development
activity, the Applicant or his designee will arrange to have appropriately
qualified professionals perform such investigations as may be necessary to:
a. Identify, evaluate, and manage, any cultural values located within the
project's potential area of enviornmental impact that are included in
or may be eligible for inclusion in the National register of Historic
Places.
(1) If, after consultation with the State Historic Preservation
Officer, any values not already included in the National
Register are determined to be eligible for inclusion in the
National Register, the Applicant or his designee will ncminate
them to the Register according to established procedures.
Nominations shall be submitted to the State Historic
Preservation Officer no later than six months after the adoption
j of a final development plan.
b. Determine, in consultation with the State Historic Preservation
Officer, if and to what extent these values may be adversely affected
by planning, development, operation, and maintenance activity.
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c. Develop and implement prudent and feasible measures, acceptable to
the Applicant or his designee and the State Historic Preservation
Officer, capable of either effectively mitigating or avoiding adverse
effects on National Register and National Register eligible values.
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Avoidance and protection will be referred objectives. However,,
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should discussions indicate that only n5 somethi less is achievable
that course of action which is likely to cause the least unnecessary
damage to these values will proceed.
j Documentation of compliance with each of these stipultations as needed will be
submitted to the State Historic Preservation Officer for review and comment in
i timely fashion.
'j The Application or his designee will unilaterally determine the time most
suitable for the commencement of cultural resource investigations
acknowledging, however, that:
1. They will constitute a part of the planning process providing data for
sound, advance planning decisions.
2. They will be completed before a final development plan is adopted and any
physical activity begins.
Failure to comply with any of the provisions and stipulations herein contained
shall constitute grounds for revocation of a no adverse effect determination
and shall require full Application compliance with the Advisory Council
Procedures.
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By BY
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STATE HISTORIC PRESERVATION OFFICER City Administrator
j Title Title
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3- t--8.3
Date Date
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CERTIFICATION OF COMPLIANCE
WITH PL 91-646 AND THE BRAITHWAITE ACT
In order to assure compliance with the Uniform Relocation Assistance and Real
j Property Acquisition Policies Act of 1970 for projects utilizing the Land and
Water Conservation Fund, each application for a development project where the
applicant holds fee title to the project area will require one of the following
certifications:
1. If the land to be developed was acquired within the two (2) years
proceeding the application deadline, the application must include
two copies of a certification by the applicant's legal counsel that
Public Law 91-646 and/or Chapter 16, "California Government Code
7260-72759 Relocation Assistance", (Braithwaite Act) was complied
with.
A sample certification follows:
The applicant (Agency Name) hereby assures and certifies that the
provisions of PL 1-646 were complied with in the acquisition
9 omp of
property identified in the Land and Water Conservation Fund appli-
cation for the
(Project Name) Huntington Central Park Acquisition
And further certifies that:
A. The property was appraised prior to negotiations.
B. The property owner or his representative had been invited by
the appraiser to accompany him on his inspection of the
property.
C. The ro p party owner or his representative was given the
opportunity to review the appraisal and was presented
with a summary of just compensation.
D. The property owner or his representative was offered the
appraised value.
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E. (a) The property was not subject to the relocation assistance
act as there were no persons living on the property or
businesses being conducted;
OR
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(b) All eligible occupants were offered relocation assistance.
City Attorney 3--3-6.z
'12g"
Legal Counsel of Applicant Title Date
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2. If the acquisition occurred more than two (2) years before the appli-
cation deadline, the applicant must provide either the above certifi-
cation or three copies of a written certification by the authorized
representative of the state or local government agency sponsoring '
the project, indicating under penalty for willful misstatement
i (18 U.S.C. 1001)9 that at the time of the acquisition and last known
displacement, such agency had not yet initiated planning activity to
obtain the particular Federal assistance being applied for.
A sample certification follows:
I, Charles W. Thompson City Administrator
Name Authorized Representative Title-Agency
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hereby certify, under penalty for willful misstatement
(18 U.S.C. 1001) that at the time of the acquisition
and last known displacement on the project lands for
j which this Federal financial assistance is being sought,
no planning had been initiated by this agency to obtain
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this financial assistance.
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i Signature
Date
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Of Farm 1330 No.
(March 19")
D.S. DIPARTYBIT OF THE INTERIOR
ASSURANCE Of COMPLIANCE
(TITLE 9i, VVI. RI6NTS ACT OF 19M)
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City of Huntington-Beach (hereinafter called "Applicant-Recipient")
(Name of Appiicsnt-Recipient)
HEREBY AGREES THAT IT will comply with Title VI of the Civil Rights Act of.1964 (P.L 88-352) ar
all requirements imposed by or pursuant to the Department of the Interior Regulation (43 CFR 17) issue
pursuant to that title, to the end that, ie accordance with Title VI of that Act and the Regulation, no pe
son in the United States shall, on the ground of race, color, or national origin be excluded from particil,
tion in, be denied the benefits of, or be otherwise subjected to discrimination under any program or actin;
for which the Applicant-Recipient receives financial assistance from H.C.R.$' ar
Aurew r.r office
Hereby Gives Assurance That It will immediately take any measures to effectuate this agreement.
If any real property or structure thereon is p��rr,01ir d or improved with the aid of Federal financial.assistan,
extended to the Applicant-Recipient by P .C' 'S' , This assurance obligates t?
f3ur+rar•or Office
Applicant-Recipient, or in the case of any transfer of such property, any transferee for the period ffurit
which the real property or structure is used for a purpose involving the provision of similar services or ber
fits. If any personal property is so provided, this assurance obligates the Applicant-Recipient for the perm
during which it retains ownership or possession of the property. In all other cases, this assurance obiiga:
the Applicant-Recipient for the period during which the Federal financial assistance is extended to it by_._.,
H.C.R S.
Bureau or office
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal gran,
loans, contracts, property discounts or other Federal financial assistance extended after the date hereof to t'
Applicant-Recipient by the bureau or office, including installment payments after such date on account
arrangerrients for Federal financial assistance which were approved before such date. The Applicant-Recipie
recognizes and agrees that such Federal financial assistance will be extended in reliance on the representaac
and agreements made in this assurance, and that the United States shall reserve the right to seek judic,
enforcement of this assurance. This assurance is binding on the Applicant-Recipient, its successors, tray
ferees, and assignees, and the person or persons whose signature appear below are authorized to sign 0
assurance on behalf of the Applicant-Recipient.
CITY fo�pINGTON BEACH„ CA.
March 22, 1983 i By GtrL
DATED APKICANT-RECIPIWt
Charles W. Thompson
City Administrator
ey
(President.Chairman of Smed at Comparable
asdwaind OAieia!
2000 Main Street, Huntington Beach, CA 92648
APPLICANT-RECIPIENT'S SAILING ADDRESS
Y.a aprtaaYtar►larltla*"4cz to"M.-t"-.
93f-6`
INT 52Jnm6-79
nnin nn1 un�n
OM8 Approval Na VD-R021P
FEDERAL ASSISTANCE APPu• •• NUMBER .. wuhtBER
CANrs
1. TYPE ❑ PREAPPLICATION APPLI. b. DATE DOM.ON
b. DATE Year mouth day
ACTION �,°PUCAT{On CATION 19 � �ear FIER ASSIGNED 19
❑ NOTIFICATION of INTENT (oPt)
[] REPORT OF FEDERAL ACTION B�*a
4. LEGAL APPLICANT/RECIPIENT 5. FEDERAL EMPLOYER IDENTIFICATION NO.
a. Appllpt•t Name City of Huntington Beach N/A
b. OMnitation Unit Community Services Department 6. 1 4 0
e. Stre.t/P.O. so 2000 Main Street PRO. • NOMQ 5---.----L--Nio I T I0
a. City Huntington Beach a Ddaev : Orange GRAM b. TITLE
I. sea California zip Cater 92648 Outdoor Recreation
I,. CoMset Pam (Nome Vick Morris ,) Acq. , Dev. , and Plannir
& tekp),owo 714 _ 536-5486
99 7. TITLE AND DESCRIPTION OF APPLICANrs PROJECT S. TYPE OF APPLICANT/RECIPIENT
"tots %.C~unity Action Age"
Huntington Central Park Acquisition. B-Intorstato I-HigherEd=ationalinstitution
C-Subotaa J-Indian Tribe
Acquisition of 150 encyclopedia lots for District %-Gtlw (Specify):
expansion of Huntington Central Park. Total E-Crtya
acreage = 9.64 + G-Sown, Purpose r
District E,Wr a9yropriets fetter C
9. TYPE OF ASSISTANCE
A-eaai.Gtme D•inaora.a.
caramel GV E-Other Suter
Jept1
10. AREA OF PROJECT IMPACT (Names of cities,aountim 22. ESTIMATED NUM- 12. TYPE OF APPLICATION
statsa. oft.) BER OF PERSONS A,.((m C-Rww" E-1agmaKatka
Cit of Huntington Beach BENEFITING Y A Lw l B4t D-ContinatiN rA
jN/A Suter apyropriato fats+•lL
13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF. lb. TYPE OF CHANGE (For 120 or sfte)
s. APPLICANT b. PROTECT A i�w Dollars f 011w (SlOUW s
a. FEDERAL i 200.000 oD li-Dwesso Deilars
b. APPLICANT 00 N/A 34 D-O$M DUM2101 N/A
a STATE •r,0 16. PROJECT START 17. PROJECT E••(:anWlstlm
DATE e DURATIQj to astPwroh Tj )d. LOCAL .00 1r�
71
a. OTHER .00 1L ESTIMATED DATE TO Year Mouth day 19. EXISTING FEDERAL IDENTIFICATION DUMBER
I. TOTAL = 4O ,OOO oo FESUBMITTED
ERAL I AGENCY► i9 83 11 1 N/A
20. FEDERAL AGENCY TO RECEIVE REQUEST (News.City.State.ZIP sods) 21. REMARKS ADDED
National Park Service San Francisco, CA 94102 ❑ Yea Qj No
22. a.To the bat of my bewbdge and bdiof, b. If muffed by OMS Circular"S this applIkatioa wa sobsaitted. porcuaat to isl• No-e• 14upewsr
date In this preepplieation/appliestion ore struetiom theroin, to apprWate dosriaghoeoa and all raMM an attuhod: #Pewee ettaahod
THE true and eorrott, the document has bw
i APPLICANT duty sullwited by the geverais$ bsdy of ❑
CERTIFIES the appReast and the applicant will awly (1) State Clearing House
THAT, with the attadsed "Mrsnae it 69 owd- ❑ ❑
ante Is approved. ❑ ❑
23. a. TYPED NAME AND TITL b. St RE a DATE SIGNED
CERTIFYING Charles W. Thompson Fool- ownth &V
PR REE•
SENTATIVE City Administrator
24. AGENCY NAME TIO j PPL!CA- Year worth day
REC-'1VED 19
26. ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFFICE sR FEDERAL AsPLICA,TION
IDENITIFICKriON
39. ADDRESS 30. FIEDIDEPIgAt.TIF GRAN
31. ACTION TAKEN 32. FUNDING Yes► worth 449 34. Year worth day
't STARTING
❑ a AWARDED a. FEDERAL ; .00 33. ACTION DATE► 19 DATE 19
❑ b. REIEL'TED Is. APPLI= .00 35. T ONT CT F R ADD��ONAI )RMA• 36. raw wsonth day
somber EATING
❑ ETU a RETURNED FOR a STATE ,03
GATE 19
AME.NOMENT it. LOCAL OO 37. RIDAARKw ADDED
❑ d. DEFERRED e. OTHER .00
❑ a WITHDRAWN I. TOTAL Z .00 ❑ Yes QNo
38. a. in taking ebwvo eetion, any comments receirvd from daaringhovasa woe can. b. FEOE°JU.AGENCY A-95 OFFICIAL
sidarod. If agency response is due nader provisions of Part 1, OMB Circuier A-05. (!Vans:Mod tafoPhowe*4•)
FEDERAL AGENCY It has been or is being made.
A-95 ACTION
424-101 STANDARD FORM 424 PAGE 1 (10-75)
Prue?"11V GSA,Federal'.teraoo++:mt 4iresr'eer 4-7
Res. No. 5244
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
C1drk 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 meeting thereof held on the 21St day
of March , 19 83 by the following vote:
AYES: Councilmen:
Thomas, MacAllister, Mandi;c, Finley, Bailey, Kelly
NOES: Councilmen:
None
ABSENT: Councilmen:
Pattinson
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California