HomeMy WebLinkAboutC-1817 - Acquisition of ocean front lotsSTATE O, CALIFORNIA —THE RESOURCES AG
DEPARTMENT OF :KS A'.
P.O. BOX 2390
SACRAMENTO 95811
(916) '445 -4441
July 11, 1977
EATION
Mr. Calvin Stewart
City of Newport Beach
3300 W. Newport Blvd_
Newport Beach, CA 92660
Dear Mr. Stewart:
EDMUNO G. BROWN )R., Governor
fir._
Re: Ocean Front Acquisition
LWCF #06 -00365
Attached for your files is a copy of the following Land and
Water Conservation Fund document for subject project:
Final Audit Report
Fully executed Land and Water Conservation Fund Project
Agreement.
Fully executed Land and Water Conservation Fund Amend-
ment to Project Agreement.
Sincerelly,,,
&CV-J
David K. Cox
Park and Recreation Specialist
Attachment
K -5/747
0
(6/77)
State of California — The Resources Agency
40'ARTMENT OF PARKS AND RECREATION
AUDIT REPORT
Project Ocean Front Acquisition
Participard _.City of Newport Beach
Project Data
Date July 7, 1977
Project No. 06- 00365 State Bond Act of Budget Act FY, Item No.
D Federal Land & Water M Other Funds City
] Acquisition and/or [] Development Related Project No.(s)
Grant Amount $ 29,070 Advance $ _a" Final Billing $ Not Completed
Date: Application Approved 12/5/74 Agreement Signed 12/5/74 Final Billing 11 /30/76
Project Period (as amended) 12 5 7 to 10 1 8 � Contract and /or Force Account
Project Scope (as amended) Acquisition of five parcels of beach front land containirg
23,747+ square feet.
IL Audit Findings (in accordance with generally accepted auditing standards). The participant properly
acquired five parcels totaling 23,747± square feet by negotiation. Statements of
Just Compensation were signed by all property ormers, and in each case settlement
was for the approved appraised value. Direct acquisition costs of $41,500 did not
exceed the maximum grant amount. There was no relocation involved.
III. Conclusion
OProject completed substantially in accordance with agreement
F1 Project completed but following exceptions taken or noted
IV. Recommendations
Payment of $20,397-25 be made per attached Exhibit(s) A
Other
V. Supplemental pages) (DPR 564, Audit Information Sheet, attached for additional information or explanation).
Auditor Reviewed
a
P. ishi
Distributed to Grants and Statewide Studies Division
r)PR 563 (3/741
Approved /'Iz C
•* Exhibit A
Ocean Front Acquisition
City of Newport Beach
#06-00365
Direct Acquisition Costs
Lot A
( 9,630 sq. ft.)
$16,750.00
'
Lot B
( 91477 sq. ft.)
16,500.00
Parcel 3
( 1,334 sq. ft.)
21250.00
Parcel 5
( 1,508 sq. ft.)
2,750.00
Parcel 9
( 1,798 sq. ft.)
39250.00
23,747 sq. ft.
Total Allowable
Project Costs
$41,500.00
Add State Surcharge
1.7%
705.50
Total Eligible
for Federal Funding
$42,205.50
Federal Participation 50% $21,102.75
Less State Surcharge ( 705.50)
Amount Due City of Newport Beach $20097.25
By
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RESOLUTION NO. 3 "C...
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING AMENDMENT TO
PROJECT NO. 06 -00365 OF THE LAND AND WATER
CONSERVATION FUND PROGRAM (OCEAN FRONT LOT
ACQUISITION)
WHEREAS, Resolution No. 8768, agreeing to the terms
of the project agreement for the subject project was adopted
by the City Council on May 24, 1976; and
WHEREAS, it is now desired to amend the project
agreement as follows:
and
1. Change the project scope from seven (7) to
five (5) parcels
2. Change the square feet from 26,820 to 23,747;
WHEREAS, the City Council has reviewed the amendment
to the project agreement and finds it to be in order;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that the amendment to the project
agreement No. 06 -00365 between the State and the City of Newport
Beach is approved.
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby authorized to sign said agreement on behalf of the
City of Newport Beach.
ADOPTED this 24th day of January , 1977.
ATTEST:
City Clerk
r
DDO /bc
1/13/77
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STATE OF CALIFORNIA —THE RESOURCES AGENCY EDMUND G. BROWN JR., Governor
DEPARTMENT OF PARKS AND RECREATION
P.O. BOX 2390
SACRAMENTO 95811
(916) 445 -4441
December 10, 1976
Mr. Calvin C. Stewart, Director
Parks, Beaches and Recreation Department
City of Newport Beach
City Hall
3300 West Newport Boulevard
Newport Beach, California 92660
Dear Cal:
Enclosed are five copies of an amendment for the Ocean Front Acquisition,
Land and Water Conservation Fund Project No. 06 -00365 and a sample resolution.
Please have your governing body pass a resolution following this sample and
have your authorized representative sign and return copies of the amendment,
along with two copies of the resolution, to my attention.
If the Bureau of Outdoor Recreation agrees to this amendment, I will request
an audit and process the final billing request.
Sincerely,
Wayne H. Haug
Park and Recreation Specialist
G- 5/3552
Enclosures
STATE OF CALIFORNIA
artment of Parks and Recrea
AMENDMENT TO PROJECT AGREEMENT
Land and Water Conservation Fund Program
Project Amendment No. 06- 00365.2
THIS
AMENDMENT TO
Project
Agreement No.
06 -00365
is hereby made and agreed
upon
by
the State
Liaison
Officer for the
Land and
Water Conservation Fund and
by the
City of
Ne oort
Beach
(Participant)
pursuant to the Land and :rater Conservation Fund Act of 1965, 7S Stat. 897 O c9'6"
and the Federal-State Project Agreement.
The State Liaison Officer and the Participant, in mutual consideration of
the promises made herein and in the agreement of which this is an amendment, do
promise as follows:
That the above - mentioned agreement is amended by:
Change project scope from seven parcels to five parcels and 26,820 square
feet + to 23.747 square feet +
In all other respects the agreement of which this is an amendment, and the plans
and specifications relevant thereto, shall remain in full force and effect. In
witness whereof the parties hereto have executed this amendment as of the date
entered below.
City of Newport Beach
F:uat P;dT STATE LIAISO14 OFFICER
Y j T BY
- Director, Department of Parks and
Mayor Recreation
TITLE
Date / `' Date
STATE OF CALIFORNIA
Department of Parks and Recreation
AMENDMENT TO PROJECT AGREEMENT
Land and Water Conservation Fund Program
Project Amendment No, 06- 00365.1
THIS AMENDMENT TO Project Agreement No. 06 -00365 is hereby made and agreed
upon by the State Liaison Officer for the Land and Water Conservation Fund and
by the City of Newport Beach Part ies pant )_,
pursuant to the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 1964),
and the Federal -State Project Agreement.
The State Liaison Officer and the ?'articipant, in mutual consideration of
the promises made herein and in the agreement of which this is an amendment, do
promise as follows:
That the above-mentioned agreement is amended by:
Change Project Scope from two parcels to seven parcels
and 19,000 square feet + to 26,820 square feet +
In all other respects the agreement of which this is an amendment, and the plans
and specificat ons relevant thereto, shall remain in full force and effect. In
witness whereof the parties hereto have executed this amendment as of the date
entered below.
City of Newport Beach
PAftT CIPAN3' STATE LIA1_! NM.OFFICER
Director, Department of arks an
Mayor Recreation
TITLE _
Date Date
5' S - 2% 7(e
0 0
RESOLUTION NO. 8768
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND THE
PARKS, BEACHES AND RECREATION DIRECTOR TO SIGN
AN AMENDMENT TO A PROJECT AGREEMENT WITH THE
STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND
RECREATION, IN CONNECTION WITH THE LAND AND WATER
CONSERVATION FUND PROGRAM (OCEAN FRONT LOT
ACQUISITION)
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Amendment to a Project
Agreement between the City of Newport Beach and the State of
California, Department of Parks and Recreation, in connection
with the Land and Water Conservation Fund Program (Ocean Front
Lot Acquisition); and
WHEREAS, the City Council has reviewed the terms
and conditions of said amendment and finds them to be satis-
factory and that it would be in the best interest of the City
/ 70 S'
to authorize the Mayor and Parks, Beaches and Recreation Director
to execute said amendment;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that said amendment to agreement above
described is approved, and the Mayor and Parks, Beaches and
Recreation Director are hereby authorized and directed to execute
the same on behalf of the City of Newport Beach.
ADOPTED this 24th
ATTEST:
City Clerk
day of May , 1976.
DDO /bc
5/18/76
• STATE OF CALIFORNIA
Department of Parks and Recreation
PROJECT AGREEMENT - -LOCAL PARTICIPANT
Land and Water Conservation Fund Program
Project Title (rep An Frnnt A^npiinitinn
Participant City nE Project No,
Project Period 19..1" — 4 en U� 1-7y; Period Covered by Agreement
Project Scope: Tull project consists of the acquisition of two parcels of i,aacu front
laird containing approximately 19,000 square feet + located on tie
,saluoa i?eni:lsula within the City of ::eirport aeaeit.
Stage Covered by This Agreement
Project Cost:
Total Estimated Direct Project Cost (as shovin in Project
Proposal) $ S7-out) (1)
Surcharge- -State Administrative Assessment % of
line (1) $
Total Project Costs Eligible for Federal Funding $
Federal Participation - -50% of line (3) or 50% of actual
costs whichever is the lesser $ :a�L7t, (4)
The attached contract terns consisting of _ A pages are made a part of and incorporated into
this Agreement,
STATE DEPARTMENT OF PARKS AND RECREATION
Date 10 J /(O — 7,r
By 1 E� DIRECTOR By
Date . OCT 1 7197.5 Title
Date
i
CONTRACT TERMS
ft
The State Liaison Officer for the Land and Water Conservation Fund and the
hereinafter
referred to as the anticipant, mutually agree to perform this agreement in
accordance with the Land and Water Conservation Fund Act of 1965, 78 Stat. 897
(1964).
The State of California hereby promises, in consideration of the promises made
by the Participant herein, to accept appropriated Federal Funds for the purposes
of the Project and disburse the same to reimburse the .Participant 50 percent of
the eligible Project cost not to exceed 50 percent of the direct Project cost
shown in this agreement; except for a _percent surcharge of administrative
costs to be applied to the total estimaEed direct Project costs as shown above.
The surcharge is to be deducted from the reimbursements received from the Federal
Government applicable to this Project. It is understood by the parties hereto
that this agreement shall not obligate State of California funds for the Project
costs described herein. The Participant hereby promises, in consideration of the
promises made by the Liaison Officer herein, to execute the Project stage described
herein, in accordance with the terms of this agreement. Any disbursement hereunder
shall not be made unless and until funds therefore are received by the Liaison
Officer from the Bureau of Outdoor Recreation.
The following special Project terms and conditions were added to this agreement
before it was signed by the parties hereto and any deviations from or changes in
the Project shall be accomplished only through written consent of the parties
concerned:
The Participant will permanently display in a conspicuous place a bronze plaque
which acknowledges Land and Water Conservation Fund assistance. The plaque will
be provided by the State Department of Parks and Recreation and its installation
by the Participant will be required upon initial development of the property.
The Participant agrees to comply with the terms and intent of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970,
84 Stat. 1894 (1970) and the applicable regulations and procedures of the
Department of the Interior implementing such Act, and Chapter 16, of Div. 7,
Title 1 of the Gov. Code, State of California.
Rofereete to 0100000 in 8.4.(e).(b >. and (t) of the General Prosioioae is clamed
to S2,SW•
Tke portielpent safe" to awly With the tome tad Intent of the i►iood Dimater
Proteetioa Act of 1979(Publit LAw 93- 294) and all appliaa43o resuletissa and
pretoduroe inplawuting that Act.
G -2/230 -2- LAP
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A. DEFINITIONS
I. The term "BOR" as used herein means the Bureau of Outdoor Recreation,
United States Department of the Interior.
2. The term "Director" as used herein means the Director of the Bureau of
Outdoor Recreation, or any representative lawfully delegated the authority to
act for such Director.
3. The term "Liaison Officer" as used herein means the California Director
of Parks and Recreation, or other State officer as designated by the Governor
from time to time and authorized by the State Legislature.
1+. The term "Manual" as used herein means the Bureau of Outdoor Recreation
Manual. (Outdoor Recreation Grants-In -Aid Manual)
5. The term "Guide" as used herein means "Procedural Guide, Part 1-- Appli-
cation Procedures and Part 11 -- Fiscal Procedures" issued by the Department of
Parks and Recreation.
6. The term "Project" as used herein means the project or project segment
which is the subject of this agreement as defined in the project proposal.
7. The term "Project Proposal" as used herein means the form and all
supplemental attachments used to describe and estimate the cost of a planning,
acquisition, or development project filed with the Liaison Officer in support
of an application for federal financial assistance.
8. The term "State" as used herein means the State of California and /or its
official representative, the Department of Parks and Recreation.
9. The term "Participant" as used herein shall mean the recipient of the
federal funds to be disbursed in accordance with the terms of this agreement.
10. The term "Federal Funds" as used herein means those monies made available
by the United States of America as matching money for projects under the Land and
Water Conservation Fund Act of 1965, 78 Stat. 897 (1964).
B. PROJECT EXECUTION
1. The Participant shall at no cost to the State execute, complete, operate
and maintain the approved Project in accordance with the Manual, the Guide, the
Project Proposal, and the plans and specifications applicable, which documents
are on file in the office of the Liaison Officer and made a part hereof. Failure
to render satisfactory progress or to complete this or any other project which is
the subject of Federal assistance under this program to the satisfaction of the
Director or Liaison Officer may be cause for the suspension of all obligations of
the United States and the State under this agreement.
2. The Participant shall indemnify the State of California and its officers,
agents and employees against and hold the same free and harmless from any and all
claims, demands, damages, losses, costs, and /or expenses of liability due to, or
arising out of, either in whole or in part, whether directly or indirectly, the
organization, development, construction, operation, or maintenance of the Project.
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3. In the event of default by the Participant which default is not cured
by the Participant within thirty (30) days after receipt of written notice from
the Liaison Officer, the State may in addition to any other remedies take posses-
sion of the Project and construct, operate or maintain the Project as the State
may deem necessary to fulfill requirements of the Federal Government, and the
Participant agrees to reimburse the State for any costs or expenses incurred by
the State thereby.
4. Construction contracted for by the Participant shall meet the following
requirements:
(a) Contracts for construction in excess of $10,000 shall be awarded
through a process of competitive bidding. Copies of all bids and a copy
of the contract shall be retained for inspection by the Director or
Liaison Officer.
(b) The Participant shall inform all bidders on contracts for con-
struction in excess of $10,000 that Federal Funds are being used to
assist in construction.
(c) written change orders to contracts for construction in excess of
$10,000 shall be issued for all necessary changes in the facility. Such
orders shall be made a part of the project file and shall be kept available
for audit.
(d) The Participant agrees to comply with the Civil Rights Act of
1964 and Executive Order No. 11246 and shall incorporate, or cause to be
incorporated, into all construction contracts the following provisions:
"During the performance of this contract, the contractor agrees as
follows:
"(1) The contractor will not discriminate against any employee
or applicant for employment because of race, creed, color,
religion, sex, or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to
their race, creed, color, religion, sex, or national origin.
Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer
setting forth the provisions of this nondiscrimination clause.
"(2) The contractor will, in all solicitations or advertise-
ments for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration
for employment without regard to race, creed, color, religion,
sex, or national origin.
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"(3) The contractor will send to each labor union or repre-
sentative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor
union or workers' representative of the contractor's commit-
ments under Section 202 of Executive Order No. 11246 of
September 24, 1965, and shall post copies of the notice in con-
spicuous places available to employees and applicants for
employment.
"(4) The contractor will comply with all provisions of Execu-
tive Order No. 11246 of September 24, 1965, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
"(5) The contractor will furnish all information and reports
required by Executive Order No. 11246 of September 24, 1965)
and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his
books, records, and accounts by the contracting agency and
the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
"(6) In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of such
rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the con-
tractor may be declared ineligible for further Government
contracts in accordance with procedures authorized in Execu-
tive Order No. 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in
Executive Order No. 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as other-
wise provided by law.
"(7) The contractor will include the provisions of Paragraphs
(1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order
No. 11246 of September 24, 19651 so that such provisions will
be binding upon each subcontractor or vendor. The contractor
will take such action with respect to any subcontract or pur-
chase order as the contracting agency may direct as a means
of enforcing such provisions, including sanctions for noncom-
pliance: Provided, however, That in the event the contractor
becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the
contracting agency, the contractor may request the United
States to enter into such litigation to protect the interests
of the United States."
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(e) The Participant shall:
(1) comply with the above provisions in construction work
carried out by itself;
(2) assist and cooperate actively with the BOR and the Secre-
tary of Labor in obtaining the compliance of contractors and
subcontractors with the above contract provisions and with
the rules, regulations, and relevant orders of the Secretary
of Labor;
(3) obtain and furnish to the BOR and to the Secretary of
Labor such information as they may require for the super-
vision of such compliance;
(4) enforce the obligation of contractors and subcontractors
under such provisions, rules, regulations and orders;
(5) carry out sanctions and penalties for violation of such
obligations imposed upon contractors and subcontractors by
the Secretary of Labor or the BOR pursuant to Part 11, Sub-
part D, of Executive Order No. 11246 of September 24, 1965;
and
(6) refrain from entering into any contract with a contractor
debarred from Government contracts under Part 11, Subpart D,
of Executive Order No. 11246 of September 24, 1965.
S. The Participant shall secure completion of the work in accordance
with the approved construction plans and specifications, and shall secure
compliance with all applicable Federal, State and local laws and regulations.
6. The Participant shall permit periodic site visits by the Liaison
Officer and /or Director to ensure work procress in accordance with the approved
Project, including a final inspection upon Project completion.
?. In the event funds should not be available for future stages of the
Project, the Participant shall bring the Project to a point of usefulness
agreed upon by the State and BOP,.
8. All significant deviations from the Project proposal shall be sub-
mitted to the Liaison Officer prior to approval.
9. The acquisition cost of real Property shall be based upon the appraisal
of a competent appraiser. The reports of such appraisers shall be available for
inspection by the Liaison Officer upon request.
10. Development plans and specifications shall be available for review by
the Liaison Officer upon request.
11. If any tract or parcel of, or interest in, real pronerty subject to
beinq Purchased under the provisions of this agreement, but not identified herein,
is found by the Director for any reason not to be suitable for Federal assistance,
all obligations of the United States hereunder shall cease as to such parcel,
tract or interest.
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C. PROJECT COSTS
0
Disallowances. The Participant agrees to make immediate monetary restitution
for any disallowances of costs or expenditures on unauthorized activities which
are disclosed through audit or inspection by representatives of the Liaison Officer
or the Bureau of Outdoor Recreation.
Project costs eligible for assistance shall be determined upon the basis of
the criteria set forth in the Manual and Guide.
D. PROJECT ADMINISTRATION
1. The Participant shall promptly submit such reports and in such form as
the Liaison Officer may request.
2. Property and facilities acquired or developed pursuant to this agreement
shall be available for inspection by the Director and the Liaison Officer.
3. Interest earned on funds granted pursuant to this agreement shall not
be available for expenditure by the Participant but shall be disposed of according
to instructions issued by the Director.
E. PROJECT TERMINATION
1. The Participant may upon written notice to the Liaison Officer unilater-
ally rescind this agreement at any time prior to the commencement of the Project.
After Project commencement, this agreement may be rescinded, modified, or
amended only by mutual agreement: A project shall be deemed commenced when the
Participant makes any expenditure or incurs any obligation with respect to the
Project.
2. Failure by the Participant to comply with the terms of this agreement
or any similar agreement may be cause for the suspension of all obligations of
the United States or the State hereunder.
3. Failure by the Participant to comply with the terms of this agreement
shall not be cause for the suspension of all obligations of the United States
or State hereunder if, in the judgment of the Director, such failure was due to
no fault of the Participant. In such case, any amount required to settle at
minimum costs any irrevocable obligations properly incurred shall be eligible
for assistance under this agreement.
4. Because the benefit to be derived by the United States from the full
compliance by the Participant with the terms of this agreement is the preserva-
tion, protection, and the net increase in the quantity and quality of oublic
outdoor recreation facilities and resources which are available to the people
of the State and of the United States, and because such benefit exceeds to an
immeasurable and unascertainable extent the amount of money furnished by the
United States by way of assistance under the terms of this agreement, the
Participant agrees that payment by the Participant to the United States of an
amount equal to the amount of assistance extended under this agreement by the
United States would be inadequate compensation to the United States for any
breach by the Participant of this agreement. The Participant further agrees,
therefore, that the appropriate remedy in the event of a breach by the Partici-
pant of this agreement shall be the specific performance of this agreement.
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F. CONFLICT OF INTEREST
1. No official or employee of the State or Participant who is authorized
in his official capacity to negotiate, make, accept, or approve, or to take part
in such decisions regarding a contract or subcontract in connection with this
Project shall have any financial or other personal interest in any such contract
or subcontract.
2. No person performing services for the Participant in connection with
this Project shall have a financial or other personal interest other than his
employment or retention by the Participant, in any contract or subcontract in
connection with this Project. No officer or employee of such person retained by
the Participant shall have any financial or other personal interest in any real
property acquired for this Project unless such interest is openly disclosed upon
the public records of the Participant, and such officer, employee or person has
not participated in the acquisition for or on behalf of the Participant.
3. No member of or delegate to Congress shall be admitted to any share or
oart of this agreement, or to any benefit to arise hereupon, unless such benefit
shall be in the form of an agreement made with a corporation for its general
benefit.
4. The Participant shall be responsible for enforcing the above conflict
of interest provisions.
G. HATCH ACT
No officer or employee of the Participant whose principal employment is in
connection with any activity which is financed in whole or in part pursuant to
this agreement shall take part in arty of the political activity prescribed in
the Hatch Political Activity Act, 5 U.S.C. 118 k, with the exceptions therein
enumerated.
H., FINANCIAL RECORDS
1. The Participant shall maintain satisfactory financial accounts, docu-
ments, and records, and shall make them available to the State and /or BOR for
auditing at reasonable times. Such accounts, documents, and records shall be
retained by the Participant for three years following project termination.
2. The Participant may use any generally accepted accounting system,
provided such system meets the minimum requirements set forth in the Manual and
the Guide.
I. USE OF FACILITIES
1. The Participant shall not at any time convert any property or facility
acquired or developed pursuant to this agreement to other than a public outdoor
recreation use without the prior approval of the Liaison Officer and the Director.
2, The Participant shall maintain all property no as to appear attractive
and inviting to the public. Sanitation and sanitary facilities shall be main-
tained in accordance with applicable State and local public health standards.
Properties shall be kept reasonably safe for public use. Fire prevention,
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lifeguard and similar activities shall be maintained at levels reasonable to
prevent loss of the lives of users. Buildings, roads, trails and other struc-
tures and improvements shall be kept in reasonable repair throughout their
estimated lifetime so as to prevent undue deterioration. All maintenance and
operations shall be in accordance with the standards set forth in the Manual
and the Guide.
3. The Participant shall not discriminate against any person on the basis
of race, color, or national origin in the use of any property or facility
acquired or developed pursuant to this agreement, and shall comply with the
terms and intent of Title VI of the Civil Rights Act of 1964, P.L. 88 -352 (1964),
and of the regulations promulgated pursuant to such Act by the secretary of the
Interior and contained in 43 CFR 17.
4. The Participant shall not discriminate against any person on the basis
of residence.
4�K'1101\0'
The Participant shall comply with the policies and procedures set forth
in the Bureau of Outdoor Recreation Manual and the Guide. Said Manuals are
hereby incorporated into and made a part of this agreement; and are on file
with the parties hereto.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING THE APPLICATION
FOR LAND AND WATER CONSERVATION FUNDS FOR AN
OCEAN -FRONT BEACH ACQUIS_.TION PROJECT
WHEREAS, the Congress under Public Law 88 -578 has
authorized the establishment of a Federal Land and Water Con-
servation 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
WHEREAS, 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
WHEREAS, said adopted procedures established by the
State Department of Parks and Recreation require the applicant
to certify by resolution the approval of applications and the
availability of local matching funds prior to submission of
said applications to the State; and
WHEREAS, Part V of said applications contains assurances
that the applicant must comply with; and
WHEREAS, said procedures further require the applicant
to possess an adopted plan showing parks and recreation lands
and facilities, existing and proposed; and
WHEREAS, the City's Recreation and Open Space
Element of the General Plan was first adopted by the City
Council on December 17, 1973; and
WHEREAS, the proposed Ocean Front Beach Acquisition
project appears on the City's plan and is consistent with the
California Outdoor Recreation Resources Plan; and
WHEREAS, the project must be compatible with the
land use plans of those jurisdictions immediately surrounding
the project;
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NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Newport Beach hereby:
1. Approves the filing of an application for Land
and Water Conservation Fund assistance; and
2. Certifies that said agency understands the
assurances in Part V of the application and certifies that it
will comply with the regulations, policies, guidelines, and
requirements, including Office of Management and Budget Cir-
culars Nos. A -87, A -95, and A -102 as they relate to the
application; and
3. Certifies that said agency has or will have
matching funds and can finance 100 percent of the project,
half of which will be reimbursed; and
4. Certifies that said agency meets the planning
requirements and that the project is compatible with the land
use plans of those jurisdictions immediately surrounding the
project; and
5. Appoints the Director of the Department of
Parks, Beaches and Recreation as agent of the City to conduct
all negotiations, execute and submit all documents including
but not limited to applications, agreements, amendments,
billing statements, and so on which may be necessary for the
completion of the aforementioned project.
ATTEST:
City Clerk
ADOPTED this 10th day of June, 1974.
Mayor
CS:mh
-2- 6/4/74