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Home My WebLink AboutEIR 86-05; BATIQUITOS LAGOON ENHANCEMENT PROJECT; Environmental Impact Report (EIR)April 5, 1988 Mr. Raymond Patchett, City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008~1989 Dear Mr. Patchett: SUBJECT: PROPOSED BATIQUITOS LAGOON ENHANCH4ENT PROJECT Information for the U.S. Army Corps Application Tom Bradley Mayor, City of Los Angeles Board of Harbor Commissioners Jun Mori, Esq., President Ira T. Distenfield, Vice President E. Grace Payne, LL.D. Robert G. Rados, Sr. Floyd Clay Rhett. Mitchell, Secretary Ezunial Burts Executive Director As we di scussed pr~vi ously, pl ease fi'nd attached information that wi 11 assi st the City of Carlsbad in submitting to the U.S. Army, Corps an appl ication for the proposed Batiqui tos Lagoon Enhancement Project. The Army Corps has stated that an environmental impact statement pu,rsuant to the National Envi ronmental Pol icy Act (NEPA) woul dberequi red for the proposed project. In order for the Corps to initiate the envirgnmenta1 process, the permit application must be submitted to its Regulatory Branch. As you know, Carlsbad and Port staffs have been coordinating with the Corps' ~nvironmenta1 staff in developing the scope of work for the EIR/EJS~ In light of the schedule~ the application shoUld b~ submitted as soon as possible to the Corps. If the Port can be offurthe:r assistance in this matter, please let me know. LYK:gog Attachment 327 Sincerely, ~;.Jilm~ LILLIAN Y. KAWASAKI Batiquitos Project Mgr. cc: t~r. Gary \-Jayne, Carl sbad Mr. John Cahill, Carlsbad Mr. Vern Hall, Port of Los Angeles Port of Los Angeles 425 So, Palos Verdes Street P:O, Box 151 San Pedro, CA 90733-0151 213/519-3400 Telex: 18-2387 POLA SPRO FAX: 213/831-0439 An Affirmative Action/Equal Opportunity Employer (33 CFR 326) , OMB APPROVAL NO. 0702-0036 Expires 30 June 1989 '. ' 'APPLICATION FOR. DEPARTMENT OF THE ARMY ~I:RMIT . The Department of the Army permit program is authorized by Section 10 of the River arid'Harbor Act of 1899, Section 4(14 of the' ,Clean Water Act and Section 103 of the Marine, ,Protection, Research and Sanctuaries Act. These 1aw~require permi~ authorizinr' actiVitieS in or aCfecting navigable waters of the United States, the discharge of d.-edred or fin material into watera of the United States, and the transportation of dredged material for toe purpose of dumpinr it into ocean w~ters. Information provided on thi. form will be used in.evaluatinr the application for a permit. Information in this application ii made a matter of public record throurh issuance oCa , public no~ice. Disclosure of the informatiorl requested i. voluntary; however, the da4l requested are ,neceuary in order to communicate with the applicant and to evaluate the permit application. If ne~ssary information is not prOvided, the I*'mit.application cannot be proceued nor can a permit be iaaued. , " , One .et of oririnal drawings or rood reproducible copies which show the location and'char,.cter of the proposed activity mua1 be attached to'this application (.e~ &ample drawing. and inatructiona) and be submitted to the Distnct Enri~eer·bavinr jurisdiction over the locatic:m of the proposed activity. An application that is not completed in full will be'returned. 1. APPL.ICAT,ION NUMBER (To be o .. i,raed by Corp.) 2. NAM'E AND ADDRESS OF APPL.ICANT Raymond R. Patchett, City Manager 1200 Eim' Avenue Carlsbad, CA 92008 Telephone no. durlng'bullne .. hour. ,A/t ( ) __ ""---______ _ A/c(619) 434-2821 (Rutderace) (Office) 4. DETAIL.ED DESCRIPTION OF PROPOSED ACTIVITY 3. NAME, ADDRESS, AND TITLE OF AUTHORI2:ED AGENT Gary E. Wayne, Senior Planner 2075 Las Palmas Drive Carlsbad, CA 92009 . Telephone ,no. 'during 'bu.lne~ hour. AlC (619)' . 438-1161 (~)work Ale ( 619, 753""'2623, (~~ home-evenings Stlltement of Authorization: I h.':.bv d.llgnate and euthorlza _.-_--- Gary E. 'Wayne . to act In mv bah,alfe. mv agent In the proc ... lng.of thl. permit application end'to furnllh. upon requillt. IUPpiementallnforme port-of the appll~!on. DATE ! 4a. ACTIVITY To res tore t ida 1 action in the 1 agoon, up to 3,096, OOQ yd. of materi a 1 wi 11 be drec!ged from th~ lagoon floor and a small, armored channel with low profile jetties (12.5 feet MLLW ,and 110 feet long) will be constructed to keep the tidal inlet open., Least tern nesting sites,and a freshwater marsh will be deve~op~d with 380,000 yd.3 of t~e dredge material and the r~maining m~terial will be placed on adjac~nt and near beaches as ndurishment. Three tidal alternatives have been fully developed (reference attached Ex. Summary). All of the four bridges that cross the lagoon will require either a form of structural modification orfounqation protection to accomodate,the proposed ,dr.edging. These bridge improvements are depicted on Drawings No.4, 5, 6 ~nd 7. 4b. PUAPOSE d To restore tidal flushing by creating adequate tidal prism while conserving an enhancing existing wildlife habitat values and establishirig new habitats. 4c.oll;!tHARGE 'OF DREDGED OR FIL.L. MATERIAL. 'Approximately 380,000 yd.3 of the dredged material wi.ll be us'ed as fill material within the lagoon boundari,es to form least tern nesting sites and a freshwater marsh. The remalnlng material 'will be placed on a 3000-foot shoreline segment near Batiquitos Lagoon and a 5,700-to 6,500-foot shoreline segment at the Encinas Creek Outlet. Any additional material that cannot be used for beach nourishment will be either: l)disposed of in a central lagoon HpitH that can accomodate the material, 2) hydraulically piped, or, 3) hauled to an appropriate disposal site. !'in,'TfON PF ~"'A R::I Ill; ORlI;OI.ETE . . ,,- , I ! !S. NAMES.AND ADDRESSES OF ADJOINING··PROPERTY OWNERS. LESSEES. ETC .• WHOSE PROPEffTV ALSO ADJOINS T·HE wATERWAY k , SEE ATTACHED LIST 6. WATERBODY AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSEO Batiquitos Lagoon located in the southwestern portion of the City Of Carlsbad, CA (see location map) 7. LOCATION ON LAND WHERE ACTIVITY EXISTS OR I~ PROPOSED ADDRESS: I d' d" b h Activity could involve the placement of dredgedagoon se fments .on a· Jacen.t eac es (sands) and. uplands (fines). Upland sites could include San Marcos Landfill and/or ~. Green Va"e~ (see maple STAEET, ROAD, ROUTE OR OTHE~DESCRIPTIVE LOCATION COUNTV STAT! ZIII COD! City Of Carlsbad, California LOCAL GOVERNING BODV WITH JURISDICTION OVER SITE 8. I. Iny portion of the Ictlvlty for whlph luthorlzatlon I. sought now complet.?· 0 VES' GlrNO' If Insw.r I ... V .... glv. r ... on., month Ind yee, the Ictlvlty WI. com.pl.ted. Indlclt. the .xlstlng work on t~~ drawing •• 9. List .11 .pprovel. or certification. Ind denl.l. r.c.lved from-oth.r federll, Int.ratet., atetl or locil ag.ncl •• for Iny structur •• ,. construction, dltch.rl/ft or oth.r .ctlvltl .. d.lCrlbed In thl. IPpllcatlon. . ISSUING AGENCV TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATI: OF APPROVAL DATE OF DENIAL Calif. Coastal Comm. --Coastal Development Permit -'--..,Application will be made after certification of EI"RtEIS. 10. Application I. h.reby mid. for I p ... mlt or p.rmlu to luthorlz. the Ictlvltl .. d.lCrlb.d h .... ln. I certify thlt I 1m 'flm!lIar w'lth the Inf9rmnlol'l 'contllnld In thl. Ippllcatlon, Ind that to the b.st of my knowledge Ind b.lI.f .uch Inform.tlon I. tru., .compl.tI, Ind Iccurate.. I further certify thn I· po ..... the luthorlty to urist.rtek. the pro poled Ictlvltl .. or I 1m Ictlng~ •• the duly .uthorlz.d Ig.nt of the IP' ~nt. . 7':27-~ DATE The application muat be si'gnei by the penon who desires to u.ndertake the proposedactiiJity (applicant) or it may be signed by a duly authorized agent if the ,~atement in Block 3 ha:r been fil1~d out and 'igned. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of anydepart~entor agency blThe United States knowingly and willfully falsifies: conceals, or covers up by any trick, scheme, or device a material fact·or ma~es any .faise, fictitious or . fraudulent statemen~ or representations or makes or uses any false writing or docunient knowing ~me to' contain any false fictitious or fraudulent IItatement or entry, shall be fmed not more than $10,000 or imp~soned' not more than five years, or b9th, ' _ Do not send a permit processing fee with this application. The appropriate fee will be assessed when a permit Is Issued. t-, ( 0 ~. I \' \ \ SOUTH CARLSBAD BrATE BEACH \ \ N 0 \ \ VICINITY MAP SCALE IN MILES 2 ;3 ,4 5 6 7 -- -------- '-c ELltO EI.. t2Z -i.;)."- ..... \. .~ VICINITY MAP BATIQUITOS LAGOOi'J. COUNTY OF SAN D15;GO STATE OF CALIFORNIA APPLICATION BY CITY OF CARLSBAD SHEET I.oFII DRAWING NO.5-XXXX I I I I I I I I I I I I I I I I I I b! ~ bJ ~ bJ SECTION NTS + N 0 0, 100 200 300 400 500 .......... _--- , 3 CONCRETE BATTER PILES MAY BE REQUIRED TO ADD LATERAL SUPPORT AFTER. DREDGING , ',P sc~i.i;: . '1' D~ TE AS SHOWN RE90t+iEi«lEo. Foii 'IIPP~OVAL' DRAWN J.U 0 ,He. x C~~CKED, DESIGNED ENGR/A~CH x ADDED SLOPE PROECTION EXTENSION PARTIAL ELEVATION Nl ::; ~7f j j + EAST CARLSSAD, BLVD. BRIDGE IMPROVEMENTS BA TIQuItos LAG08N. COUNTY OF SAN DII;GO STAtE OF CALIFORNIA AP~LICATION BY CITY OF CARLSBAD " , SHEET 5,OF II DRAWING NO.5~XXXX +. N· o o I 00 . '200 300 400 500 ..... --..... --------- , I; ,. -I II I ,,'. l // I : :: : \ \\ ~ f II! I III ,\\,\ :XU' ww '~'~ SECTION NTS SC~LE 1 DATE.I. REC~D FOR APPROVAL AS SHOWN DRAWN J.U P,Hc.I X CHEO<ED DESIGNED ENGR/ARCH X PIPELINES TIMBER PILES CROSS BRACING FOR ADDED LATERAL SUPPORT AND PILE PROTECTION AGAINST MARINE BORERS. + b- A. T. & S. F. RAILROAD BRIDGE IMPROVEMENTS BATIQUITOS LAGOON, COUNTY OF SAN DIEGQ STATE OF CALIFORNIA APPLICATION BY CITY OF C'ARLSBAD iHJFE~I' ~ " ..c; DRAWING NO.5~XXXX o .::~~ + 100 SECTION M NTS + N, o 200 300 400 500 ..... --..... ----.. - SCALE . I DATE AS SHOWN D~AWN J,B,L.'D,~., CHECxED OESIGNED' E~/AR,CH, 160' I...c; WEST BRIDGE :-1 f 1 i .1,..., U U U ..... Ire • 140' ELEVATION NTS RECOHHEt.OEO FOR APPROVAL x x + ~ PROPOSED ENTRANCE JETTIES BATIQUITOS LAGOON. COUNTY OF SAN DIEGO STATE, OF CALIFORNIA APPLICATION BY CITY OF CARLSBAD SHEET 3qF II' ~------------, DRAWING NO.5-XXXX o ADDITIONAL CONCRETE DECK DECK ELEVATION /ADD 3-18" DIAIETER CONCRETE PILES ON AND HANDRAIL SYSTEM~ 16,5"M,L.L.W" EACH SIDE OF BRIDGE AT EXISTING COLUMNS 1_" '\ 160'-0"1 .. \..\. "/ ~ EXISTING GROUND LINE 100 DATLR-1 LINE ELEVATION· -7.!:I' M.L L.W, + N· o 200 300' 400 500 PROPOSED GROUND LINE SCALE 'I DATE AS SHOWN IDRAWN. JXLD.Hc. . Ct£CKED DESIGNED ELEVATION NTS RECQM.ENOi;:D 'FOR APPROVAL x 5' -0' TREMIE CONCRETE # .....•....•... ~~ 2' -0" SrD CONCRETE + ~ ..... ----..... ..--: -IiNGR/ARCf;l x WE?T CARLSBAD BLVD. BRIDGE IMPROVEMENTS BA TIOUITOS. LAGOON, COUNTY OF SAN DlEGO STATE OF. CALIFORNIA APPLICATION BY CITY OF CARLSBAD SHEET 40F iI, DRAWING NO. 5':"-XXXX o ~ \ I.". ~ I i j i i ,_'; "," 1\ \ -,.,:"'... . J. , .. ;'-" " ," . " .. ~_-'--Il.:..;'>"!-'" -, !:.-,~, ______ f'!!!1 ~:~_~ ___ i GII."YO \ \ ./ '.,. BATIQUITOS 'I 'N. o v"\ O~~R x I.' 'I l' POTENTXAL DISPOSAL SITES FOR EXCESS DREDGED MATERIAL BATIQUITOS LAGOON, COUNTY OF SAN DIEGO STATE OF CALIFORNJA APPLICATION BY CITY OF CARLSB.AD SHEET J I OF II DRAWING· NO.5-XXXX '-, i ~ NOURISHED BEACH ." NOURISHED I I 10~O' ~~ I I ,SH~REL,I"E I I .... .,....... ............ .... 0 I·.. I'" .... .... .... I," I .,500 5500 .... KCY: Thoulandl of Cubic Yardl .---.. -~t---. -'~N~----' -"--_. __ ." S1~ESHOWN .~ 0 ~CHE':':C:"K';:EO;:;~~-~f---::")(--:-----"'" REcoMMENOEq Fai' .APPROV!,L IlESIGi4;:O EI-IJR/ARCH' x , I _ I 1.--' I _ .... '1-,.,.. ..... ..... ..-51000 51500 ~., .~ PROPOSED ADDITIONAL NOURISHED BEACH BATIQUITOS lAGOON. COUNTY OF SAN DIEGO STATE OF CALIFORNIA APPLICATION BY CITY OF CARLSBAD SHEET IOOFJ I DRAWING NO.5-XXXX J i i, I ~UFF . ..... 6 .------;::::::; -12~~ ----18 ---------...---' ~30~ --60 ~ TRANSIT/ON 2000 FT CORE AREA 3300 FT SCALE 6 __ I:::===----. 7< 18 ---.. I ;' ...... ~30- TRANSITION " 2000 FT , I , -.. ~ .. -.......... -:::::::z: ;. ---~ GO---.', 1000 0 1000 2000 3000 4COO . 5000 fEn AHH . . 1 NOURISHED BEACH ,-N-------------· ·-~E·----· O AS SHOWN tD~R:A:~·~J~j~.~~'D~.M~c':r---,.-----x-,------~------J , c~~m ~c6MMENOEP' FOO APPROVAL OE~IGI'£D' ENJR/ARCH x ,-"",>: . " __ •• -...-........ ,, ... __ ': 1 _~t~.~--,._.P PROPOS~D NOURISHED BEACH BATIOUITOS LAGOON. 'COUNTY OF SAN DIEGO , STATE OF CALIFORNIA APPLICATION BY CITY OF CARLSBAD SHEET 90F II DRAWING Nb.5-XXXX CALIFORN"A COAS~·~f: C~,~"MlssloN 8 7 I 5 -5,8-2, B , 631 Howard Street, San Francisco 94 i 05,,-' (415) 543"~,' .~!5i;.,\,;P1W.S;[,~, !t:l.::~~-'II , ' Or: r l~fAL f.I'L~.()I\t "J R~CORDiNG REQUESTED 'BY AND ,.-, '. .', Of' S,;H IHf00 COUNrY,U,:, WHEN RECORDED MAIL TO: CALIFORNIA COASTAL COMMISSION 631 HOWARD STREET, FOURTH FLOOR ,SAN FRANCISCO, CALIFORNIA 94;05 . ATT~NTION: LEGAL DEPARTMENT CERTIFICATE OF ACCEPTANCE 198JNAR 25' Al4 8: 4',6 '1 "yEf~A L. LY·l E.., I ~UN, r y fKGOH[)[~ NO I,:'''''C I 1;'C Thi s i's to certify t'hat th~!'Ca1iforn;ta State Lal1ds Comm,issi.0n pursuant 'to Mi'llp.t~ Item No~ 30, approved at its July 24, 1986 meeting, a certified ~o:py attached hereto hereby accepts the' Offer to Dedi cate executed by Bat iq'l:l itos· B1uf;'f, 'Bat,~qu;i.tos Po;i:nte, Sa,mm;t~ 1'l,'ope:cties, and Lee C. Sammis, Trustee of the Donald F., Sammis Children 1 s Trust on September 10 , 19 86 and' recorded on September 11, ,198.6 ,as Instrument ------~------~------------------- No. 86-399391 , of the Official Recotds in the Office of the R~corder of San Diego DATED: 3,/u/t7 FOR: California 'State Lands Commission STATE OF CALIFORNIA COUNTY OF Sacramento ) , 19~, before the unde~signed, a'NQtary Public in and for sa i d C'ounty and State, personally a'ppea red {!.,.z;::;IRe-,/. ))EOe fUe. /j./ personally known tome I / proved to me on the bas.is of satisfactory evidence to be the person(s) who executed the 'within il1strument as £K-..E(!t!/7VE{)rPI(!E/~. of the corporation/agency therein named and acknowledged to me that the corporation/agency executed it. ,!ji.i",.';i"I,li!iliilllillillllllllllll!l1l1l11111ll1l111!111I11111111111111111111111). g~ .~~ . t· ., (! I § ~ .f."l';~;\~;0: .IJ\Nt EYf.WN ;:1M I rH §'~ ill '. ..~ N?1'ARt PlJ,DI.I~~CALlFC>Rt-IIA g ==' ) GQUFnV GlF "Ac:;RAMflNTO lr~ g' ;/ My Gef.iffttss1otl eJtptt~1 Ott. 1, 1990 ~ ljllll1lll1llllllllllllllllllllllllllll!IIIIIIIIillfllltll11{.tllllllllllllllllllIIIII11j';! ~ .Le.~~ a/ILfL ~ ' .. fiTARY PUBLICflrANbrt1AID' COUNTY AND STATE ;, , ,,' ", . I ,·00 -59.1 'ACKNOWLEDGEMENT BY CALIFORNIA COASTAL COMMisSION OF ACCEP~ANCE OF OFFER TO DEDICATE This is to certify that the California St~te L~nd~ C~mmission is a public agency/private association ac,c'ept.;lble to' the Executive Ditector of the California Coastal conu:ilission to be Grantee undex the Batiquitos Bluff, :6atiquitos Pointe, Sammis Offe~ to Dedicate executed by Properti~s and LeeC. Sammis~, Trustee 0,£ the Donald F. Sammis Children's Trust on September 10, 1986, and recorded on September 11, 1986 in the office of the County Recorder of, ___ S_a_n_D_i_e.::.g_o_..,.--_____ ,_ county .:. as Instrument No. 86-3'99391 ---~--~------ DATED: __ M~a~r~c~h~2~0~,~19~8_7 _______ __ State of California ) County of San Francisco) TER,M. DOUGL EXECUTIVE DIRECTOR • before the undersigned Notary Public. per'sonally appeared Peter M. Douglas, personally known' to me to be (or proved to me on the basis of satisfactory evidence) the person who executed th~s instrument as the Executive Director and authorized , ' representative of the ,California Coasta,l Commission and acknowledged to me that the Califo~nia Coastal Commission executed it. , " OFFICIAL SEAL Gary Lawrence Holloway i"l NOTARY PUBLIC -CALIFORNIA , CITY AND COUNTY OF SAN FRANCISCO My CommiExpires Oct. 25,,1989 ~'~, No~a Public in and for I!; Sa1d State ana County, -, 1 \:: :.' ?: I, ' !;' J .~-• " :: \\-~;\ ''I. ~DED REQUEST OF FIRST M;ERICAN TITrE W .. 1 Recording Requested by and ./' Wh~n Recorded Return to , ~'2 California Coas-tal Commission '3 631 Howard Street" Fourth Floor San Francisco, California 9,4105 4 cj'0 76/J -/,u- 1986 SEP I I PM I: '25 I _YERAL,LYL~,~ I ~tJNTY RECOHO~ . " , RF AR 5 6 7 IRREVOCABLE OF'l~'ER' TO DEDTCATE FEE TITLE ":-' .:,-:' MG TO WE.TLANDS DESCRIBED IN EXHIBIT D ,AND L,..;.;;.:'=:-'-+-"""'- FILLED' WETLANDS DESCRIBE-D' IN EXHIBIT E", .:,,~,,:: .. SITUATED IN THE CITY OF CARLSBAD, COUNTY" OF SAN DTEGO, STAT.E. Of CA:fjB~'ORNIA 8 ' . THIS IRREVOCABLE OFFER TO DEDICATE FEE TITLE (hereinafter. 9 referred to as "Offer") is made this 10th day of Sept. , 1986, by 10 BATIQUITOS BLUFF, a Californ~a limited partnership, BATIQUITOS 11 POINTE, a California limited partnership, SAMMIS PROPE'RTIES" a 12' California corporation , and LEE C • SAMMIS, TRUSTEE' OF THE, DONAI,D 13 F. SAMMIS CHILDREN'S TRUST (hereinafter referred to as "Grantors"). 14 I. WHE'REAS, Grantors','are the legal owners of fee interests 15 of certain real properties located in the County of San Diego, '16 State o£ California and described iQ the ~ttached Exhibit A , . 17 (hereinafter referred to as the "Propert.ies I!) i and 18 I;r. WHEREAS, all of the Prop~rties are located: within the 19 coastal" zone as defined in ,Section30l03 of the California ;pub1;.Lc ·20 Resources Code (which Code is' hereinafter referred to as the ~1 "Public Resources Code~) i and 22 III. WHEREAS, the California Co~stal Act of 1976, (herein- 23 . after referred td as the "Act~) creat~s the California Co~stal 24 Commission (hereinafter referred to;. as the' "Commission."). and j' 25 requires that .any development apptoveg by theCommiss;ion mB-st be 26 consistent with the po1icies'of the A,ctset forth, in Chapter 3 of 27 Division 20 of the Public Resources Code; and 28 IV. WHEREAS, pursuant to the Act, Grantors applied to the' Page 1 of 8 -'. ~. ,- 1" "'~ 1 Commission for a permit to underta'ke deveiopment as d~fined in 2 the Act within the coastal zone of San Diego County; and 3 V. WHEREAs, coastal development permit No. 6-85-482 4 affects all the property described in Exhibit B; and 5 VI. WHEREAS, a coastal development p~rmit, No. 6-85-482 was 6 granted on November 22, 1985 in accordancewithtRe provisions of 7 the Staff Recommendations and Findings (Exhibit C) attached 8 hereto and hereby incorporated by reference, subject to the 9 following conditions (hereinafter "Conditions"): 1. In Fee Dedication: 10 11 A. Prior to transmittal of th~ coastal develop- 12 ment permit, the applicant shall execute and record an 13 irrevocable offer to d~dicate fee title for the wetland 14 portions of the site, designated on ExhibitN6. 5 of the 15 staff report. The document sRall, include legal desQriptions 16 of both the applicani7's entire parcel.(s} i:3.hd the area to be 17 dedicated. The offer to dedicate shall be'in a form accept- 18 able to the Executive Director and run in favor of the 19 People of the State of California. said fee title may be 20 accepted by the Wildlife Conservation Board' of the State of 21 California or other public r~source management agenc;:!y 22 acceptable to the Executive'Director. Any public agency, 23 accepting such dedication shall limit uses in the area to 24 natural resource education, research Or enhancement j' : 25 programs. 26 The offer of dedication shall be recorded free of 27 prior liens, except for tax liens, and free of prior 28 encumbrances which the Executive Director determines may Page 2 of' 8 ,.., , i ,'t' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 affect the interest be.ing conveye<1~' Tpe offer to dedicate shall be binding to successors and assigns of the applicant or landowner. The o'ffer to dedicate E;hall be irrevocable for a period of 21 yea+,s, such period running ,from the date of recording. B. 'Prior to tran,smi ttal 6f the Coastal Develop- mept Permit, the applicant shall execute artd record an irrevocable offer to'deqicate an open space easement atld deed restriction over the wetland porti6ns of the site, designateqon Exhibit No. 5 of the staff report. The document shall include legal descriptions of both the applicant's enti;r:-e parcel ,and the easement areas and shall prohibit any alteratioll.of landforms, placement or removal of vegetation, or eredtion of structures of any t~pe unless approved by the Coastal 'Commission or its successor in interest, except as specified in tpis p~rmit. 'Erosion control structures may be allowed within the restricted area if approved by the Executive Director, in, consultation with the Departm~nt of Fish andGame,pursu~nt ,to the terms and conditions of ' this permit. The offer' 6f dedication and deed restriction shall :~ be recorded free of prior liens, except for tax liens, and free of prior encumbrances which the Executive Director determines may effect the ihterest being conveyed. 'l'he I offer shall run with the land in favor of the People of the State of California, biriQ.ing successors and assigns of the :: applicant or landowner. 1'1).e offer to dedi.cate shall be irrevocable for a period, of 21 years, such p.eriod running fro Page 3()f 8 : --: --"---- I l ." ' .y 1 2 ·3 4 5 the date of recording. The deed restricti.on· contained in the offer shall be binding from the date of recording until its termination witp. the acceptanqe of the fee dedicati.on~ If title to the property is acoepted by a public .agency as provided above in paragraph AT ·then this 'offer to dedicate ·6 and deed .restriction, o.r the open space easement c:reate¢i by the acceptance thereof, shail termin,ate. 7 8 VII. WHE.REAS, the Commission, ~cti~gon pehalf of the People· 9 of the State of California and pursuant to the Act, granted. the 10 Permit to the Grantors upon condition (hereinafter the 11 "Condition") requiririg inter alia that the Grantors record an 12 irrevocable offer to dedicate the wetland portions of the 13 Properties, as described in the attached Exhibit D (hereinafter 14 the "wetlands"), in fee, and an irrevocabJ,.e offer to dedicate. an 15 open space easement over the wetland portions of the Properties 16 f?O as to prevent the adverse direct and Cumulative effects on 17 coastal resourc:;::es and public access to. the coast which could 18 occur if the Properties were not restricted in accordance with 19 this Offer; and 20 VIII. WHEREAS, the Commission has p'l-aced. the Condition on 21 the Permit because, a finding mu.st be made under Public Resources 22 Code Section 30604(a) that the proposed development is in 23 conformity with the provisions of Chapter 3 of the ,Act and that 24 in the absence of the protections proviBed by, th,e Condi tiol)., said I'" 25 finding could not be made; and 26 IX. WHEREAS, Grantors have elected to comply with the 27 Condition and execute this Offer so as to enable Grantors to 28 undertake the development autho+ized by the Permit; and Page 4 of 8, ., I , '. I " _ I , 'r 2209 1 X. WHEREAS, an additicnal Ccnditicn cehtained in ~oastal 2 develcpment permit No.. 6-85-482 is the requirement that Granters 3 irrevccably cffer to. dedicate to. a public agency cr to. a private 4 asseciaticn acceptable to. the.Executive Directcrt an cpen space 5 easement cver the steep slcping lagocn bluff areas cf the 6 Preperties~ and 7 XI . WHEREAS, Granters-are'ccmplying with this Ccnditicn by .8 executing and reco.rding a -dccument entitled, "Irrevccable Offer 9 to. Dedicate Open Space Ease)ll~nt for Protected Bluff Areas and "--. 10 Dec,laration of Restrictions" ~ and 11 XII. WHEREAS, a proposal to restore and enhance Batiquitos 12 Lagccn as a viable tidal wetland is presently in the planning 13 stages, which p~oposal, known as the Batiquitos Lagoon 14 Enhancement Plan cr any successcr plan to. enhance cr res·tore 15 Batiquitcs Lagccn (hereinafter referred to. as the "Enhancement 16 Plan"), when implemented, may' require' .dredging 01;' otherwise 17 inundating a pcrticn cf the bluff area ccnta±~ed within the abcve 18 na,med cpen space easement', and described in the attached Exhibit 19 E (hereinafter the "bluff aiea"J~ and 20 XIII. WHEREAS, (:rantcr$ desire to. ccoperate.with thepropcsed 21 enhancement and restoration of Batiquitcs Lagcon by previding 22 herein fer the dedicatien ef fee title ef _so. much ef these lands 23 described in Exhibit E as are·designated en plans fcr the prcject 24 as lands to. be dredged er etherwise inundated as a result ef the 'r' ~ 25 implementatien of the Enhancem~_ht Plan; and 26 XIV. WHEREAS, it is intended that this Offer pertain to. the 27 wetlands described in Exhibit D and the bluff area described in 28 Exhibit E, that this Offer be irrevecable, censti tute enfe-rceable Page 4a ef 8 2210 1 restrictions within the meaning of Article XIII, section 8 of the 2 California Constitution and that sa,id Offer when accepted shall 3 thereby qualify as. an enforceable restriction under the prov·isio.n 4 of the California Revenue and Taxati~n Code, Section 402.1; 5 NOW, THEREFORE, in consideration of the above and the mutual 6 ,benefit and conditions set forth herein, the substantial public -7 benefits for the protection of coa·sta.l resources to be derived, 8 and the issuance of the Permit to the owner by the Commission, 9 Grantors hereby irrevocably offer to dedicate to the State of 10 California, acting by and through the State L~nds Commis's;i.on' or 11 other public iesorirce management·agency acceptable to the 12 Executive Director of the Commis$ion (hereinafter r the 13 "Grantee"), fee title to the wetland portions of. the ,J?roperties, 14 which wetland portions are.: spe.cifically described in Exhibit D. 15 Any public agency accepting the offer to dedicate shall limit 16 uses in the area to natural resource education, res~arch or 17 enhancement programs approved by the California Coastal 18 Commission. 19 Further, in order to facilitate the constiuction, op~raiion 20 and maintenance of the Enhancement Plan approved by the Coastal 21 Commission upon, over, across and under Batiquitos Lagoon, 22 Gran~ors hereby irrevocably offer to dedicate to the St~te of 23 California, acting by and through the State Lands Co~issioh, fee 24 title to that portion of the lanq,s described in Exhibit E ~hich '-, I 25 is designated in th~ Enhancement Plan as lands to be dredged~r 26' otherwise inundated so as to be located at or below the five foot 27 (5') contour as a result of construction of the broject. Said 28 dedication shall be' made at the time a coastaJ,·-development pe-rm~ t " Page 5 of 8 . f 1 . or an equivalent;. permit from -a suc'ces'sor -agency is -issue<:1 for the 2 enhancement and restoration of Bati<gui tps Lagoon. 3 1. -. Benefit and Burden. This Offer shaLL pertain .to the 4 'wetlands described in Exhibit D and .the, b.lttff:Cirea described in: ,. . 5 Exhibit E and shall run with and: burdeh the, Properti~s, and all 6 obligations, terms , conditions, andf~stric.ti;onsber~by imposed 7 shall be deemed to be covenants and -;t:'e,sttict:ions running with the 8 land and shall be effectiVe limitations on the use of the .g' Properties from the date' of recordation of t-rds 'document and 10' shall bind the Grantors and al.l succe;ssors and Cissigns for a 11 p.eriod of twenty-one (21) years. 12 2. Construction of Validity·.,rf any provision of this 13 instrument is held to be invalid or for any ~~ason becomes 14, unenforceable, no ,other provision shall be thereby affected or 15' impaired. 3 • Taxes and Assessments. Grantor's agree to payor cause 17", to be paid all real property :taxe.$ and assessrn,ents levied or 18 assessed against the Property des'cr,ibed in Exhibits 1)' and E until 19 accepted. 20 4. Successo;rs and Assigns. The terms·; c-ovE?nant,s, 21 conditions r exceptions, obligations, ~nd res~rvatiDnS contained 22 in· this Offer shall be binding upon arid inure to thehenefi tof 23 the successors and assigns of both the Grantors and the Grantee, 24 whether voluntary or involuntary. " 25 5. Term. This Offer shall' be binding upon the Grantors . . 26 and their heirs, assigns, or succeSs6rs in interest for a periOd 27 ' of twenty-one (21) years from the date ~H recordation of this 28 Offer. Page Sa of 8 1 6 . Passage of Titl~. with respeot to the wetlands 2 described in Exhibit D, upon recordation of an acceptClnce of this 3 Offer by the Grantee substantially in the form attached hereto as 4 Exhibit F, fee title to the property describe:d in Exhibit D shall 5 pas,s to the Grantee. 6 with respect to the bluff area described in Exhibit E, 7 during the term of this Offer, upon the issuance of a coastal 8 development permit for the enhancement and restoration of 9 Batiquitos Lagoon, orupo~ the issuance of an equivalent permit 10 from a successor agency, that portion of tha lands dascribed in 11 Exhibit E which is designated in the Enhancement Plan for the 12 project as lands to be dredged or otherwise inundated so as to be 13 located at or below the five foot (5') contour as a result of 14' construction of the project shall pass to the state Lands 15 Commission upon the recordation of an acceptance of this bffer by 16 the State Lands Commission substantially in' "\:7:h.e form attached 17 hereto as Exhibit F. 18 1 1 1 19 I'! 1 20 1 1 I. 21 1 / 1 22 1 1 1 23 1 1 1 24 1 1 1 25 1 1 1 26 1 1 1 27 1 1 1 28 1 1 1 '," Page 6 of 8 ': ., :() 2213 1. Executed on this !~' day oO¢~ , at San Diego, 2 California. 3. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 GJ;tANTORS: BATIQUITOSBLUFF, a California iimited partnership BJde:,-rr=-=: BATIQUITOS POINTE,a California limited partnership BYb.-. :/cE-.= -\r;r SAMM:lS PROPERTIES, a California corporation 21 S'TATE OF CALIFORNIA 22 COUNTY OF..:ifJ1\J O/~ ) ) ss. ) (Batiquitos Bluff) 23 On thist~ d'ay of ~fihn..htJL " 1986, before me, a Nota~ Public ~n and for said sWe'7 personally appeared J)Ma fa r. 24 rS(}.fto.J7M:5/ , persoJ;la1.1y known to me (or prqVed t·o me on the basis of satisfactory evidence) to; be the pers:Ol'!' who 25 executed this instrument, on behalf of the partnership therein named and acknowledged to me that t~ partnership ~cutedit. 26 OFFICIAL SEAL,k!aAU./Lt;f!. ~> 27 a,:~ '. KATRINA R. PERRY U Il-M A (n . P'ij/ rJ V Notary Publlc-Callfomla fJ1l ~llv CJ L.· r;T·../~L SAN' DIEGO COUNTY -- --28 (Print or type mime) .. f """ My Comm, Exp. JUne 30, 1989 k,,,,,," . Page 7 of 8 1', .', l' STATE OF CALIFORNIA (~atiqui tos Pointe.), ss. 2 COUNTY OF SfIIV 016-60 3' On this I~ day Of~~, 1986, be:tore me, a NotaE}' Pub),ic in-and for said St~nally appeared utmaJd' r 4 ':.:J!lf/lA1Jv~ , personally knoy.rn to me (or proved to me on the basis of satis'factory evidence) to' be the person who 5 executed this instrument, on behalf of the partnership therein named and acknowledged; to me that t e partnersh;i" executed it. 6 7 8 9 e--r.~Qr·r 0; ~I' . OFFICIAL SEAL , • KATRINA A, PERRY Notary Publlc~lItomia . SAN DIEGO COUN1'V I.~=E~J_OO"~ }%:-~~~~c::::...::;aa:z:;;a:>u;;;:: ........ t> .... ;n:;;;::" 10 STATE OF CALIFORNIA 12 16 17 18 19 OFFICIAL SEAL KATRINA R. PERRY Notary PublI~lfomla SAN OtEGO COUNTY , < ::.~' , My CoITVTl. Exp, June SO, 1989 "-';',:,":-r:-...,~;n:'~ 20 STATE OF CALIFORNIA ) ) . ss. 21 COUNTY OF Slit! DIS-cd) ) or type (Sammis Properties} (Print or type name) 22 On thisjD-tL.-day o( \Vlf:~ .. , 1986, before me, a Notary Public in an for said Sta e, personally appeared LEE C. SAMMIS I. 23 TRUSTEE OF TBE DONALD F. SAMMIS CHiLDREN' S TRaST.~ personally known to me (or pro~ed to me on the basis of. sati~factory 24 evidence) to be the pen;;on who 'executed this ins:trument,. Q.n behal.f of the Trus.t therein named and ackhowledged to me that t:Q.e 25 Trust executed it. 26 27 28 OFFICIAL 'SEAL KATRINA R. PERRY Notary Publl9-C8l1fomla SAN DIEGO COUNTY '~"-r"""\ \JlY CoITVTl. Exp. June 30. 1989 'I' o. __ ~~II'';:;1:~'~~~~U:::SO_v_~'~:~:'" {Print or typ~ ria~e) Page 80f 8 . ,'.~ . 22'15" , L EXHIBIT A PROPERTIES L,EGALDESCRI,PTION LOT 3 OF PARCEL MAP NO. 13653, IN 'THE CITY OF :CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FlLED' IN THE OFFICE OF THE COUNTY RECORDER O'F SAN DIEGO COUNTY, J,ANUARY 31, 19'85 AS FILE NO. 8 5 ~o 33316 OF OFF;I:CIAL RECORDS i' AND LOT 3 OF CARLSBAD TRACT 82-18 (BATIQUIT0S POINTE) I MAP NO. 11290, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, .STATE OF CALIFORNIA, FILED IN THE OFFICE OF 'THE COUN.TY RECORJ::)ER OF SAN DIEGO COUNTY JULY 16, 1985. i:' EXHIBIT 8 LEGAL DESQUPTION BATIQUlTOS LAGOON EDUCATIONAL P~ . PROJEC! SITE 12-10-85 84-801.9 THE LAND REFERRED TO ~EIN IS SITUATED -IN THE CITY ·OF CARLSBAD, COUNTY OF SAN 01 EGO, STATE OFCALIFORN1A, AND IS. DESCRI BED AS FOLLOWS: ALL OF LOTS 1, 2, 3 AND -4 OF P AACEL' -MAP NO. 13653; ALL OF LOTS 1, 2 .AND 3 OF CARLSBAD TRACT 8~ -18' (BATIQUlTOS POItrrE) 1 MAP NO. 11,,90. .: .. :. CAlJFOR'NIA COASTAL 'COfv\MISSJO~ $AI'4 Off GO COAST Olsnl(:1 riled: 49th Day: 180.th Day: 'Staff : 0<: tob.,r 7, 1985 . Wovember 25, 19~5 A'pt"i 1', 1986 U-SO-C 1m .~ 'Oln RIO SOVTli. s.wt '2~ "",... C>IfGO. CA f2 I <»-H2O '(6\~ m·rt¥) Staff Re:pod,: Hea·rin& Da t.: REGUtARCALEND~ llovtmber 12. 1985 lIovember-'19-,22,' 1985 STAFf REPORT AND PRELIMINA.RY RECOMMENDA.TION Application Ho.: Applicant; Sammis ProPQrtLfls .\tent: Jon Br~u' Descdp'tion: Subdivision of a 167.9 acre site; !'fast,er Plan for approval of a mixed use, planned commu~ity development'. C'onsistin& of: a graduate university, research and developl'rlen't offices, recrea tional fac il i ties. a commercial center, hotel eonfer2n<;e comp tex, 603 (m.aximum) residenUal ''U.ni ts in sin& ie-family and rolti-f4lTlily structures'; and construcU,Ori of Phase One (if the Mast~C' Plan consistin& of a porti~ri of the' university and 129 residential units. Master Pla.n , I Lot Area Buil~i~ Coverase Pavement Covera&e Unimproved A.rea Lands~apeCovera&e P~r\c!n& Spaces Zonin& Project oensit,y Max. Ht abv fi~ &~~de 167.9 acres 29.3 acres 07") 35 .• acres ( 221.) 33.S ' , (Un.) acres 69.7 acres .f4~") 6.115 PC -lldlJ/a.c (aveC'age 'for .all "laS. ac-eas) 90-feet :',:)c~o:.ion; NcC'o:h s~\)re of Batiquitos' L~&60n 'oet~een Int-e'C'state5a'(ld C~r~s~ad BOulevard, Carlsb~d. S~n Dl~~d County . . ~?~ls 2:~":l.lC-Ol,03,09,:O and .216-1~O-~0 .SU~.i· .. H:::'·/'! ?~:-= :;O;:·l::-:~:H.::>: r::.H·t~:i.~d' San oiegutto, Lanci Use PLin STAF~'NO-r£S: e~rtifi~d e~rl$bad L~P Mei!o I ~nd II Se~~entS etc tJ6-82.-32!1 eee 1)6-a~-61; eee 'iJ6 -83.,..'613 Sur.-:mary,of Staff's Pre liminary Recommend'ation: Staff is recommendin& a,pp~ova.l of the project. subjecttoa variety ,of special conditions ~e!.ardin&: open space protection; erosion. draina$e and sedimen- t:VWJ·~IT ... r.. "N, " " ., .... ,1 2218 6 -85-H'2 ' Pa,. 2 tation control; mUl,alion foC' a&rieultuC'd eonv.C'sion; v.iv.,r of fhbillt-y; State ~n4. Cotrrnission review; provision of ,public 'actus; ~nd, arehlfiolo,ic&l preservation. The J\Jbjoct. application involv.es rGview of, a Master Plan fo't' a 167-acre sits in Cadsbad owned by s&mmis Properties. The proJect.' .H. lies alon& lh. nor.th .hore of Batiquitos L.1&oon between Inters·tate '5 and' CulsbadBoulevard (Hi,hw-ay 101), The sit. contains a unique variety of topo&raphy and habitat arus, includin& wetland areas, steep • lop in, h,oon bluffs ,and ,.en-tle Ilopin& lands historically uud for a&ricult.ural Pt'oouction. The applicant ha~ s-ubmiU.d a M..as.tcr P13n. for the ,it.. ~leh ineludGI a vid~ array of land uses, including; an under&t~duata/,C'~du4te unlvar~itr; _ hotal conference center; aS,sorted shops and restaurants i recreational facilities, includin& olympic trainin& faciliths; r;es·earc·h and develop-tuent officu and facilities; and a NXiJm.nn of 603 ruidential u~i.tsin ~th .inglet-h.lUlY detached and witl-family attached structures. The ,pet1l.it applieat.ion also includes a tentative map .fot' subdivision o,flha .it. into 1.5 parcels and implementation of Ph.1se 1 of the M4ster Plan. The project .ite ori&inally vas inelu~ed within the S.n DUto Countr(Sah Dh&uito) fAcal coastal Prosram plan ara... In 1983 I ,the propQrty W'aS anne.x@d t.o th~ Cit,lor Carlsbad alOOi vit:.h weh of thG h"Qst&rn buin'.of Bat-iquitos La,oon which va·s also fot"mQdy.vithin the. County',' LCP jurhdiction. Ttle annexation of this aru into' the' CHI e.ssenthllY' voi4ed the' policies of the San Dh,uito LCP. havins the area !fit.hout anap.plic&'ble LCP. The City of C~dsbad has submitted a s.t of land' use polid.ls and'. imple~ntin& ordinances' for toe .ann8xe~ area t pr,oposed to serve as a' s~para'hseg,ment of t.hal C.arlsbad LCP. Th~ proposed 'Jut Batiquitos ta&oon(Samin:is Propu·t..iu LCP ~epent ,eovElrs tha S'Ubject proper':.y and the t'~maindet' of the west b'asin of t:h~ Batiquitos ~&oon. That LCP submittal is bain, ravie-wed by, th.CotmLissio~ concurrent with the subject penH applicaq.on for appr9val of a Kaster Plan for the Sllmlis property, subdivision of the site and implementation of a portion of the Mast.r Plan. As an' ad'ditional note, Batiq.ui::::>s t.a&oon is the subject of an enhancement plan' bein, prep~rtd by the State CO-is:31 Cons,ervancl. The enhancement, plan will address a portion of the subj~c~ property and ~ildiscuss and make recomm~ndat.ions on ~ nunoer of issues re,t,ardin& the 1a&00n iricludin&: the pC'es'ervation and enhancemp.nt of t~e biolosical pc-oducti'lH:y 6f the sensitil/e habitat in and at"ound t~e lagoon; public access to the la'~oon; and the visual aesthetics of the la&oon. ,The existence of t~e enhance::lent plan is mentioped because it· is. referenced in both the subject pet-:nit applicat~on and in th.e accomp.anyin& ~est Batiquitosta&oon/S .. mmis Pt'operties tCP se&ment. • 1 rR!lIKINAR"t STAtF RlCOMMEllO'ATION: I. Approval with Conditions. 2219· II-U,.)-4l:k PI,,) The Comruiuion hareby &,rants a pemt for the p'ropo •• d. developm.ntj .ubjectto the conditions below, on the ,round. that the development, as conditioned, ,will be in conformity with the adopted Local Coastal Pro,,,.-. and v.i,l!' not have any d,nificant:. adverse impac·ts on' the 'environment vith-in-the'Manlril 'of the California-!nviro~nt.al Qualit.y-Act.·. II. Standard cOnditions. III. Special Conditions. The pennit is wbject to the followin, cond,it.ions: 1. 1n Ft. Dedication . .. A. nt 'p.t"fiit.,~ ......... :!!;;~~~~~~;::::;;~~~~iT~-i~rt,~;::~"!:~~~'~ dtldic-a GI • III e., os: &na ted On Exhibit 10. 5 lK.-t.J~~:trt'Y ~1.;lO.c.t.._~~If.o-c~rmi:11iilll include le,al descriptions of' bOth· the ,'applicant t s entire parctl(l) and the are. to ~ dedicattd; . The of (It' to. dedicate shall 0- in a fonn acceptable to tha lXl!lcutive Dir.c tor and nm in favor of the 'Giopla ot the stab! of C~lifornia, Said fu tith may b. acelptadby the Wildlife Conservation Board, -of tha S·tat·Q of California ot" O·th6'H" public: C'lUou,reo . lIuul.a&Q.tUnt a,ency accepubh t.o the !x"cutivlB Director. Any public a,li1ley aee.ptin, S\lch dedication .hall limit. U3es in the ar,& to'rla'tut',il ru:ourc:e education, r.search or.enhanc.ment pro&rams. r.~' The offer ol dedication-shdl b. record,' t'rte o'f ,xcept fot' t.a.x & ,:,', -liens. and Cre:e olp'rior encumbrances ,w, ichtha t rlctoC' dattC"!'i1ine's ruy affect the interest. 'bein, conveyad. T a oHer t.o dedicat. shall b. bindin, t.o SU<;c.lOSO:~S and u.si&ns of ',the applicant or lando-.nttr,. Tlle offer to dedicate sh:all be irrev,ocable foC' a period, of 2l yu:-s, such period ["'.mnb, from the date ~( recOrdin,. 8. Prio~ to transmittal app 1 icznt 'stu 11 execute an ~~~~~~~~~:;:;::~::~~~< space usemel1t ~nd . ed re$tr~ction. ve~t' .'. de~i,n.ted ~n Exhi . 0 ·th~ staff ~r~.~p~,o~t~t~.~~~~~~~~~~~~~~ le,.l deseriptions of both 'the ·applic'ant' s entire pa.reel and the easement areas and shall prohibit any alteration o:f hndfonu, placement or removal of ve,.tation, or .erection of st.rUctures of' any tyPe unle.s approved by the Coastal COarUssion or il.'Ssuc,cessor in int.erest,. except as specified in this permit. Erosion control stt"\Jcturu uy b1l' allowed, vithin th': restricted are. } ,,' :' i :; 2220 if approved' by t.h. lx.cutiv. pireet.or, in con.ultaHon v.ith th. ~plrtJPAnt of rl.h and G~!M t pu['suant to the tenns and c'on~i tion. o( t-hil plnait.. ' ~Th ffGr of d~ieation And d.ad ['utriction, 5Mll ,~, r_,cQrded "r.~ o,f pr-ior an , Ixcept (or tax Uen., ,al'd (['I' of prior .n-cumbrllrieu tthi~' , utivI Director det.mintlt, ... y ,H.et the, ,~nl.rlUt be,in& conveyed. Th. offer .hall run vith the land in flvor of the P.ople o( the, S'tat. of Cali- fornia, bindin& sueeitssorsand Autin, of ,t.he, appUcant.or UndoWTIQr·. The offer to dedi-eal. shall b. i.rrevocable (,or a p.or'lod 0'( 2~ ,reats, such 'pedod runnin, ([,011 t.h., date of reeo['din,. Th. de.d r."tric'tioa'ccmta.inad il) t.h. oHer 'hall 1>4 bindin,' fr01l, the data of r.e~rdin,until iti tac-aination wit.h t.h. acceptance of the f .. dedicat.i'9n. If t,itl. t.o the ,rop.rt.y is acc'ptedby a public .,.ncy at 'provid.d above in para&t'lpb A, th.n lhh' Qffer t'o d.d'icat. and deed restriction, or the op.n .pac ••• 'elM'nt' ct'eat~ ~y tho aeceptanc. tharllA!, .hall hrminate. # .t. stoep Slop • .lBluff Habitat Ar.... P['ior to t.he t~,tt.ai ,ot the c~ dev.lopment peOlit., lfcant ,han, submit,in ,', (o~ acceptable to the lxecutive Director, '. offer t.o ,eao a Pf.,Ibl a,ency or ,to a~dvah association ac ,,' e EX'CutlvIDi,rect,ot', n 'open ~. .. var, th~ .hop lllopill$ ,13&oon' ,blUff areu of thQ ~it ~_ ......... _~~a3 ..... t... h"ibit. IS of the .taff "epQrt,. ' . , ' , Tb4 document .hall include h,al dllts:criptions of ~t.~ tMapplieant 's $f\til"Q parcel And tha eaiament. arGas. It IMll prC>hibit. t~ llltontion of l,md,!ot"'IU. ; ,hcQ1ll4nt or removal of v.,etat.ion,or 9reetion of st.ructures of anl't.Y'P. unlliss approved by t.he Coasta,l Conn.isdon or it. IUc¢Qssor in 'intarast, ,except. as specified in this p~t'1Qit. P\Jblic p .. destrian tc,ai,fs"; erosion control :structuru', and ['emoval of debris .haUb. pet"ll\i ttad, as approved by tlut E~Qcutiv. Director in consultation with the O~t of Fish and Gtm~. pursuant to thQ Sp~ci~l Conditioos of this permit. Any improvements peC1li ned in thil area .hall be lMintainea on an onlQin, basLs throu,h on. of tM followin, Mans: (1) The Batiquitos t.4&oon EducationalPar1c, with lUint.nanc. pC'ovide,d (or in the CC&R's of the subdivision; (2) a ~intenanc. district; (3) a public a,ency; 0[', (4) the 3cctptin& 3&lncy, "Which shall hay. discretion ~( accept~n, ln4intenance c:esponsibility ~t the time of accept4:':ce of the nse:nen:.. Un~i.l ~~inten'ance is assumed by one of the ~bove, the app,::'can: sha!l ['upons ibility (or the area. Further, a, tria intenilnce ,phn desi,natin, responsibility shall be submitted (or the review and written ~pproval Executive Director. reta ~.!1 I of the Such .asem.nt shall be recorde , -.xcept. f.or tax lien" "","h-1,.-t~~rrl~:-rl va 0 i r.c to,r d. tonines 1U 1 and (['ee o( prior encumbrances effeet the interest bein, conveyed. favor of the People of the Slate of Tbe of(~r shall ,~ vHh th. land in' California, b~ndin& the successors and , . " :1 :' :; :'. ,- · " ,.:45-"8, Pal' 5 alli,nl of t.he applicant. or landowner" The oU.roC 'dl~ iCltion .hall \? Lrrlvocabtl for a ptu"iod of 21 yurs, weh period ~nni-n, (ro. the dat.. of rocot'din&. 3" ruture Development. This ptmit. is valid only for the Pt'9Pos,als listed below: (A) Conceptual approval of the Batiqui'tos ~&oon ~ucaHonal Pa'rk' lUstar Plan; (5) Su'odivis'ion of thesne in accordance with TtntaHveMap ,8S-U; and (C) Implementation of Phase One-of: the ~st:er Plan includin&: ,radin, and con.t-ructio!) fora porti'on of ~'ru A. areu a and Cv II indicated on Exhibit ,. of t.he staft report.. Sub.equ'int implementation phase. and element. of t.he pC'ojlct. includin& any re.litnment of Carlsbad Boulevard, Ihall tequir.~ review and approval under tal separate coastal d.velopment. pu .. it.{.). '" ~(jI!. ~ ~. !roJion, Sedimentation and Draina&\!. .' ~ A. Submittal of Plap! Prior to tbe tranSllliU.al of -the "e:oastd developmen,t persait,' t.he applieant Shebmi t for t.he review and vriUtn .pprova-l of ,the' lx.cutive Director an r "ii, ~ed17ntli!on and drain.let pUrt:lor the project. !he' pl:m sh4l11 be pt"tparll an r0V wed in accot;'da'nce vitb the 1980 Master Otaina,t Plan for the City of Carlsbad •. ineludin,& the }l!odal Erosion Control Ordinance contained in the plan. The erosion, uditnentation and draina,'. plans '.hall include: 1) A NnoH control plan dui,n.dby a licensed' en,in.er qualifi.d in'hydrolQlY and hydraulics, which VQuld usura no incruSt in pl!iK runoff rat. from the d,veloped .it. over the &rutut'dischar,'e expected (roal the exis,tirt& undtvtlop.ed sit~ as a result of a lO-relir'; 6~hour fr.,quency stonn. lunoH control shall be accomplished by a variety o£ measu~es. includin& but not limited' to: on-site catchment' basins, detention bas ins, :silta-tion traps ~nd ener&1 dissipator,s" 2) Detailed-maintenance arran&ements and various alternatives f 0(' provid in, the Qn-t.0int.repai'C' and aa i-ntenance of any approved draina&. and ero.sion control fadlit' s includin&the .x~stin .basin located:. ~,~~r .. '0. :( the ~(f-lite or on-site i~rov s 'a,ra no,t to ~ .cC:.p~ed or maintained br a public a,.ncy. detailed, lI\.I'intenanet ~,reement. ;: -':". L bind in, the a}>,pllcln-ts and their luccu.o'rs in interest shall be ucured pdor to the t.ransmi'ttal of the per-it., Such a,rtUients sh.tll b. I\l:bject to the revieW' and' vritt,ln" approval of tho Exocutive Director. 3. A' plan and NP (or the protec live 9taldn& and (enein, off of the stoep tiopin, bluff are.s ~~ b. retained in open jpaci puc!SlJant. t.o Special Condi Hon 2 of this penaH and .. indicated on Ixhibit 'So! the staff ,report. !be plan staU specifica tl1 prohibit opera'tin, Q'C' ,parkins urth .,ovin,·~uip- ment within or'throu,h th.se at.as, stockpiliOl oleartbwork or other disturbances Wit.hin open spac. atu., ucapt I, p.r- mitt-Ad {or .rosion or sedimentation control purpoi'U U allowed under Special Condition 12. The plan .h.t 11 provide for l'he placement of (incin, pdor to any .arthvork "rad:tn& or .it, clearance. Coordination vit.h" the District Ita£( of t.he Contal Connission .ha 11 al,o 'be provided. in order to allow Cor I Held inspection aft.r said stalcin& and {encin, is inplac.i ~t. prior to coanencement of ,radin, J to assure compliance 1iith t.h. intent of these special condition •. B. Crading Activit.ies. lor all phases of construction, the applicant ,slall e,omply wH:h th''''(dditional provisi~ on ,radin& and ~to~ion control: , ' 1. All ptt"'lZlanent ['\InoH and Irolion eontr~.l d'niet$ sh.ill be dlveloped and installed prioe to or concurrent with any on-sHe srading ~ctivitiiS. 2. .'..!.! &:'ldin& activities, includin&that fftquired for struts and \Jtilitice~. shall lw prohibited within thltp.riod [rOlf! October 1st. to M4rch 31st. of e~ch ye.J·e .. 3. All ar,us disturbed by ,radin, J but not coapltt.d durin, the cons:ruction p.riod, shall b. plant.ed and shbiliud prior to October 1st with temporary or pe~nent (in th« east of finished stopes) erosion cont.e-ol measu.ru and landscapinc. The us/! of t~:nporary ~rosion cr)ntrol mea"sure·s,such as. be~, int.rc.ptor d i t;: ~ots. s anJba&t in&. f i It t t' ~d in l-at::i. de bris bas ins and s 11 t trap S.! sha~l be utilized in conjunction with pt~ntints to miriimize soil loss from the construction site. Said plantin& shall be accomplished undet', th~ supervi'sion of a ;: licensed landscape at'chitec·t and s'hall consist '0£ seed'in,. Jwlchin&. fertilization and ir.ri&ation adequa,t. ~o provide 90 pet'c'ent cov~t'a&e wi thin 90 days. Plant.in& shall b. rapea~ed, if the r.quired !eve 1 of coveral' is not established wi th in that 90 day period. , .: .... - ,. " ' This r.qui~,.ment .hall: apply to .l~ disl'urbed 101-11 i inehidin, atock"pU.s:. All phn,tin& shall conto~ .. to an appt~ov.d land,capi.n, pan perSpoc ial Condi Hon 'S of thi. p'er,.i,t,. aeve,.hUon of ,rAded pad a["uluybe requited upon a w.-riUen detl(milU'tion l?y the lx.cut~v. Director -that planHn& is necessary .ith.-t' lOissurt Adt_quate erosion and J.di~n:tltion, 'control or t.o uintain theseeni.t- int.,rity of the site. ~. undscapin!,. .Prior to, the tnnsmi Hal of the penait., a -d.tailed landscapin, plan lndieatirii :the type and location' of -pbnts -and hydroSe,din, JUtarial, i'td,ation .y'st,am and ofhe:r hnd-seap .• fe~turll for the proj.ct. shall be submitted (or the review andwritt..n approvAl of thf'j £XHuUVQ Oi,rG3ctot". ,Drou&ht tollH"ant. plant. ~t8ri.l~ and native v,,-e,t~tion BMll b. utilized to the maxilwm extent. feasible. The phnt spedn list and la.ndscape plan sMlll>e reviewed bylhe !xeeu-ti v.J)~r'c:.lo'(· in, conlultation- vi th tho Statt OGpa~t..ment· of Fish and-Came to luard .,dnst intr~etion of any spedes which are inherently noxious l.o .or.incompatibi. vi. th, tho - adjacent la&oon habitat. Land,c3pin& in. Ireal adj a~ent to th.' h,6on _~luff t Inhrsbti IS and Carlsbad BculctvardshAll includ. tbs ut. of .pedJaen-.b-.d .tro., lo,p.rovicSe4-. l§.nd~eape ,scraall to buff.~ devoloplMnt. i I.tt lU."ea,s, (-1"'0. view 'hm , adjoinl -r:oadvays and fr9ft the 1I,oon 0 usurQ· -_ "the' 1~n4-' • unln, r~ilU' .ctive. , eft of t.he project,' " . tho property Owners assoeiation .hall ineludlprovisionJ' to prohi . , removal of th<l bndscapQ m.:atQriah 4nd to u;rur. t'hair ~9nl\~d exi stlnea. ~Q a hoalthyand thrivin&eondition. 6. Fina.l Gradins Plans. Prior to tr2rtSl;lithl of the coastai dlftveloprnent pentit, theapplic.ant !Shall submit for the r.vi~1( :a.nd; ,vt"it.:t~r:l, 31'1't"-O'lJ1 of the EXItC\Jtive Dinctor, the (inal tradIng plans' (or-t.ho 'PhasG 1 ,radin, approved in the. subject .perut. The plans shall ei:.arly show lh~ ex~jtin, and' . finished contours and topo,rlphy of t.h. ar.as to be ,raded or filled, _IS wl'!ll as the existin, topo,raphy of thearus to be left in th.ir 'n~tural condition as opensp-lce. The phns sha.ll be certified by a re,istered -'ensineer or Qt.h~r quai i.Had prof.ss~onal, tb be true and accurate. The ptan shall als_o eont.ain reasonably aceur:-at. es,~imates of the .aJaOunt of c:u't and Fill &rae:n, required. The plans shall .furth~r include a &radin& schedule · .. hie!') outlines the units of &radi-n& th-at can be completed durin& the non-rainy season (April 1-Oct. 1). Anyv;iriation from this schedule shall be re;>orted to the Execut~ve_ Director irranediate-ly'~ 7. Buffer-Zones/Setbacks '. Prior tQ ,radin, in, area C, the applican,t s~ll submi t for the review i'nd wt"itt.n approval 0,( the Exicutive Director, final ,radi.n, and buff.r zone plans (or the utllo b. traded;. 'The plans shall reflect thefollowin, erit.ria a~ds;hall be reviewed in 'con$lJltal-ion vith the State Departmen-t of-Fish and Cam •.. Th~s.criteria_shall be applt,d to area C of the MAster Plan, eurrentlypro.pos,dfor ilnplelHntat-ion, and~, to are.s H, X and L of the Kaster Plan in subsequent. petillit applic'ations pursu'ant to Special Condi tic.n , 3 of t'his 'perot. ;- i C. H, [ t'eport. except vith a b.twun the h,oon bluff ed,. and bluff t.op structur.s (0C' arias an L shall w provided in accordance wit'}} Exhibit ,5 of the .ia.ff p~eifica1l1, no· bu((c:l~ z:one.h,.I11 bit hit th.n SO-f •• t. in "'id~h, C' the lreAl of Ipscific home .itu in aru C wheraabuffer zone ini.n1i:m t:lidt.h of .5 'fn·t. sh~ll l>-all<wed. . •. App HClnt' I Ass\J!ltl?tion of lisle. Pd,or to the applicant I. landowneC' thall Ixecute and rlcord (ona and content acc.ptable t.o, the lxecutive, Director,. (a) t~t the applicant understand. t.hatthe site uyb. ftlbject. t.o extC'aordi- nat7 hazard fC'01%1 .ros ion and the Ipp He.nt. asSU1t'leI the lhbili t.y froll lUeh b:a%aC'ds i and (b) that. the applicant uncondi-tional1y ~iVls lny claim of' li~bility on the part of th~ CotmUsdon and itt advhors rtlativQ to the commiu ion' I approval of the project fO,r any 4'~,. due: to natural haz.rds. ThQ doc\JllUlnt shall run with the land, bindi!\l .• ll SUCC·USOC'J ~nd ud,n$. and shall be rQcorded frae of pdor liens and' ~ncUAb['ancos' vhieh lh. !xecutiv& Director detinQines may afhct the int.re:st bein, conveyed. 9. Stat. t..tnds Comission RevilW' .. Pri'or"to transml~tal of th., coastal development penUl, the p~rotte. Ih.ell obtaina· VC',ittfln delamination frem tM Stat. L4\rtds Cetrmi,sion that: A. !. '. '" 10 state Lands ara involvo4 in thG developmen~. or State t.:.ands IC'a involve4 in the development and ill pemih required by th~ State Lands Commission have been o~tainedJ or Stat. !..ands m.y b.a involv.d in the d.v'lo~nt,· w:t .pendin, a !inal detirTAination an a&t'ument luu 'been e;adl't with Ui& State L.3nds COtm!ssion for: th& pC'ojoct to pC'octed lIlit.hout prQjudicll to th\t det.rmination . ... ~~~l~O~. ~~A.!r:c h;a~e~O~l~O~U~ .. ~~A~l;i~m~i~t~'d~~t.~s~t~i~n~'~Pqt'~o~'~r~aJI~~( 0 llewd by a(i?o"ram of_ ~O ot" lites .id.ritlf led fn the £:3 foC' the the ment.d U recommended ·in the ElR and t"equ iridby t~. C ~ t7 of C;ar lsbad. Any chan,·. 1n 'this re<\ui:-.ment shall be r.port.d to and approved in ~it' ~~y the Executiv. Director. i1. A :-icuU:ur~l Conver on Miti ation Fee. The applicant shall· subr.lit ev:Jence that, consist~n~th the Commission. car·titied· ""es~ 8atiquitos t..i&:)oo/S.;.mis ?rcpo!rties ? se&::'Ient, the (equired A&ricul.t:.lC'al Conver-s·ion ~i~~,a~~oh Fae for the acres of ~,ricultur~l land affected by the S\Jb~ivision and Master Plan, has been paid and t~t such funds have bp.en ,<. d.posit.d with the Statl Coastal Conservancy. Such evidence shall be s\Jba1itted pC'ior to the transmittal of the coastal d.evelopment p.t'mit: and shall be subject to the relli."" and vrHten approval of ~ Executive Director. 12. s i&nau. Pdol' to the tranStnittal of' the coastal d.ve~opment peC':li t. the applicant shall submit a ~~en~!!!1v! I; ull£:~'S:l!)for the "roj.ct which shall include the use oeway directional u,ns and othet .. ... ... 2225 eOm1mity idtntiHcation or' dirac'Uonal .i,ns to direct traffic to the .it. ,via lh. lv.nida Enc iria accu. rat.h.r t.han the CarUb.~ J.oql'v&C'd ·acc· .... proposed foC'. 1.Jftplam.nlat.ion in Ph.au 3 ot' t.h. IUI·tet" Piui. ~~.'i,n pro,r~ tJ~ rubjec t ·t.o the rovilli and W't'i t't.~:n approval oftM .!x·icutlve Dirlctor. 13. P\JbUc Accus. .~rior t.o transmittal of the cout.d devdopment . p " t.h. applican.t. shall I'\Jbmlt a ~lic. aceuJplan for t.h. proj.ct which. as. ru c~lianco with the followin& r·eqUlrlltl4int.: . .' (A) ~ fubliC acc.,u vista ·points .pl"~,eced Itr er •• Q .hall be N,intain.d for ptlblie, us. and ;shall b. approprl.lt.ly,ur,lc.d with public ICC.SS ident,itieation .llnt· at the vi.ta PQints and other area·s t.o d~rect the .P'Jblie to tho ••• it... .' . (B') nr proYi~eas. t.o the publie le.CUI visu pOlnts ~ area C, lavi&at. C' Circle shallnot..b4 l:Whdto-priyat.& Uie as cUITently indicated on project plans. . . (C) A. continuous public aec.ss path I.hall be provlded alone t.he north shore of Bat.iquito. Laloon.· the ~ocation of such access path . shall be d.tenUn.dlUb::~u~Qt t.Q Comm.1.d,on r-eviw. of tho BatiqUi,t.ol ~,oon Enhancem.entPlan.Should the approved enhancement pltAn inelude the de:tomnat.ion 'that public ~ee.SJ d~ tb& basta of the 'bluffJ is apprO'priata., provision of /I pat.h in t.hat AU&nlMnt shall M tb.' rt'sp~ibility of the applicant. Gr, at the dher0tion of t.M aee0'pting a&&n<;1, the as'4mcy which aceept. tho othr to' dedicate an open spac. easement OViJ:' t.he aria purfUlnt. t.o Speeial Condition' 12 of t·h" -feoUt ('Or, any other Plrty i.dentifi.d. as r.~po.ibl. (or such impr,ov~nts in the Ehhanca::Ml'it Plan it'S approv0d 'by the CcmmisJion. . . Shou!d the approved !nhanealUne Plan include the d.~tarm.inati6n that. i continuous ,£ublic aCC !!" p.t~!"n5. t.he ,base oft,h, bluffJ .... ould interfere vi t.h the habitat value of the ra&oonresourees, the con<:inuous pHh 'shall be provid.d ... ~t.h~n t{:~ bluff, ... top .s~:ba.~'lc arl. '':'Qn, the top of the 1.1&00n bluHs 1n area' C, K, :~ and L • . res?eetively. In either eas., a pat.h of a quah ridth (·lnimum 10 fu~) shall be ?t"~vided'with sufficient iiDpC'ov:~n:ts to provide reasonable ·acc.ss ,lon'& the north ,sh'are of the latoon" t l~ condition. the applicant sh~il record the Band C above, a&~inst the prop~t"ty i res tic ti.on hitr""'b1n~;ZX:::t:::::a~M==r;i:1. ~.l~et.; .... and VC' itt en a pp t:ov~ 1 0 f' th. ·-tx~ cut. ive i .. Oi r,c.tor. The document shall t"Un vi th the land t ~indini all successors aod assi&ns, and shall be recorded free of prior liens .arid .ncumbrances which the' Executive Director deter.nin·u NY affec.t the interest. beini conv.yed. U. Water Features. Prior to eonstruetiQn' of any of ·t.he "water features" proposed, the appticant shall submit: final plans for sueh features for t.he C'~vie,", and vrittenapproval of the Execu'tive Dir.etor in consultation· yUh th~ stat. c.partment. of Flsh and CaIM.' 'eithor t,h. UI. of ,vater' PU~"d,' !rO'al !&tiquilo. t.~,oon (Or:' such futur .. t nor:' the tXJtflw of ~.t.r !.t01l the wa~.r h..,lt'uru into tha bloon. sh~ll be allovtd unlus .p,cilied in -the ,~atiquitOlJ L.a&,oon lnhancenl41ntPhn u r0vio",ed and I~rov.d b,y the Co.ut.1l Commission. ' 15. !uildint, H.i&htlHoat.dals. In order to pt"otect. t.he le.nie quality, of lh. 4 rill , aU pha.su of the pt'ojeet s~l1 conform t'o t.h. (Q l1owin&': criteria: (1) The ut.dllt used (or COtlJtr-uc'lion of the fit-It. roW' 9f .t.t"Uc~uru alon, t.he 1&,oon ,bluffs sh.Jll be compo'sed of vo¢dand, earth tone,s. White Wlllll and r!d' tilod ,rooh 'hall b4 prohibited for uu on th"se itruC- turu. Th~ rnaxirwm haitht fot' the ItC'\lt.tUt'U ~ lhinthis A("lHl .}aU not exceed 25 fut. (B) Efo stNctUr:'U, othor than the 90-fQot. cainpanUe Ind lh. S'S-fO()t-hi&h vo Ueyball lrainin& ,ymnas iUlU. shall exce.d I hd,J'\t. o,f t.h'. 3S-Uet. IV. Findin!s and Decl~rations. The C01IlI'Aiuion finds and daelaru, as follows: 1. Projl!lct Oeseription. The Dlatiquitoj! Lagoon iWueaUonal Park b 4 aixad-usa devllopm:t.nt plan propo,lad for a 16)"".er. .ita: in ~arllbad.· the project. site liu on the north shQrl of Ba,tiqUHQi, uloon and 'actually eonhins a portion of the ,b,'o~n itself (r12't~r t.o'ixhibit IS).' tiort.h 'of th<l) la&oon I continuous bluff rises U'p from. the wetlands to I la1""t •• "ent.ly .lopin, "nua" tihich vadas in elevation froa'''St.o 12$-het. 'a'p¢vI ~ah,.ua lavel. !he terrace at tha top of the,bluffs slopes to the s~th and ~Qst and compdsu ,tho majority of ' the sit.. ' '!he site is l>ound on the us·t by Interstate 15. on th., north 'of the exist.in, Laku,hoC't Carden.s Mobile Home Park, and on the vest by C~rtsbad,' ,~uUvard' (an extension o.t Ki,hwa1 101). '. The Atcheson Topeka andS~n,ta 'Fe (AT' SF) bilro.ad ri,'ht of tla,/ traV8t"ses the site ft"Olft !,\octh tos~th," Thh break and an eXistin& draina,e cours;; lead in, to the la&Qon It". the oniy bt"ulcsin the bioon bl,uffs which lie 'olttA'un the la&oonand the "~sl" top. The Mashr Plan is compOSed of a relatively intense site pla'n ... hich include,s 'a variety of land uses and densitil!s: The prop~r.ty h~s bf!e.n divided into 16 sepa-c:ate pl~nnin& areas and tht"ee phases as s,hown in Exhieit: Is 2 and:.,. ApproxilU4tely 33 ac:-es (21 pe:-cent) of the lUst,eC' Plan iraa is compos,e~ of h&oon and h&oon bluffs. P,roj ec t plan,s caU (or ~ll 'of this bioto&icallyl';: sensitive area to be maintained in open space. Otherwise, individual . nei&hborhood developments ar~ proposed throu&hout. t.he rwinder of the, property. ~ch nei&hborhood orplannin& area is dui,natad 'by a cOr:'respondi~ letter on the site plan (refer to tx}llbH 13). The, p.et"IJit. application includes actual imp.lerwntation (&t",a,din, and construction). of only a portion of the ~ster plan. t~t portion bein, 'phase i. comprised of phnnin& areas 8.C. I. 0 and ro'u&hly half of area A and subdivision of the 2227 parcel into the proposed development units .. Q(the project. .it.· lOC-ittd ,.ntr;llly on t·h. property, The Master Plan. .• -0.)-41." Pa,. 11 l'.hi:J'. represent. aboot one third .southlas t p.ort ion of. the within the proposed master plan, plannin& ,ar·ea "4" .is dui,ned to be the core of the Batiquitos ~,oon Educational ParK, ,with a privati. university bain, the basic component of the entire parle. 'Area, A woUld coritafn the uni var- .ity· s law school, offiCI buildin&s, And ·sl·veral bUUdln;spropo'sed for research and d~velo.pmenL ,..Iudy on. h.alf of ,the 730,000 sq. ft. of 'b1.!ildin& a~ •• proposed in the ~st.r Plan will b4 devoted to the.educAtionAl in~titute .. The remainin& square' foota& .• Would belclStd (QrosuPP'ortin& research and development facilities as ... ell as adnUnistrative offices for the graduate and under&radulto facilities. A total of 15 buildio&s art proposed vi thin this .area composed of 5 one-story It'Uctures t 7 two-stot")' structures·; 'j thr,ee-story .tructucesand· a 90-foot-hi&h campanile (t.ower) to serve .as the l.ndmark for the univers.Hy, A lar,e 'portion of area A is devotad ·t.o off-Itc-e.t parkinl .• indudin, four, tvo-level parkin& fadliti.~. This aNa would· al.o be t~ I.it. of a n\Il:qber of vater features which, as proposed. W'Uldba s-uppUi'd throu&h tbo pump-in& of w-ater from Ba,tiqui.t:o$ 1alooo bdOtf. . Planni~ MUS "'8", "C", ".0", "I", '7". "G" and 'fl" eecpriso t-ha rGiidenti21 portion. of thoprojeet and are dui&ned to. $Un'Ound the I}ducational facility. A variety ·of housin& types aC'~ proposttd. .It''us "C" and "H". whic.h- lie adJacent to the la&oon bluffs, contain a ~1.l lot:: sintlt family, . detached projec·t typ.. Arus "BOO, "0". HE". ~F'''. and .. ~ .. ~ veuld eonhin lWltiplo fa.lT\ily housinS. Area "G" is anticipa.ted to provid. Rllti'ple family . housin& for students. Plannins area "'", adj "c.nt-to the 4keshore Gardens Mobil. Home Park to the north, has spe,cial, provisio.ns reduein& the density vithin this area and crutins an SO-foot setback from the. -.cbile home parK to . en;sure compatibility. 1 total' of 603 units would be allw.d under the Kaster Plan at an a'leC'a,e density of 13 dulac for the plannin, areas in which r~sid.ntial development is proposed. Plannin& areas "H" and "r"",ould contain· recreational fadli'ties and include a larse &ymnasium for the uni'lP.C'sity. Tht!se areas eould 'a.lso include a health club, d.-y car! centu and' student book st9t"e. This u'ea-~s ~lso propos.ed to be the home of the U.S: Oly:npic Volleyball and Wei&,htiiftin, teams. The proposed &:r.:mas:'u:n would be located ~lo.n& the_ AT &SF ri&ht of ",ay and ",ould be a tn4xi;num hei&ht of 55-feet .. " Movin& ",est of the railroad t.racks, an~a "MOO is proposed as a "tovn and countC'y" co~C'cial area ",ith a smaU lUdcet, rest·aurants and ot.her associated uses desi&ned to serVe the educational pat"k. the· areas south of area "M', aC'us "Jot, WI" and "L" "'ill also include visitor-oriented uses includin& a hotel, convention center,. and related t.ourist c01!Qereial uses. Withinthis area, included in Phase 3 0'( the Master' pian, a t.otal of 370 hotel room/suites are ultimatdy proposed fo·r construct.ion. Areas I, 0 and P , ' " .. '-:.... ~ -.. -'::'.~ ". . ... :..:= .. ; " .:: " :-: 22·28 '-85-~!2 Pal. 12 which ICO cOll'l'poud of 1.I,00n w.tland., tho Idjoiriin,bl11H a'r.I, ,.nd I dt"aina&. chann.l with an .xi.tin, desiHint balin, ara proposed U opcm space. 2. Pnsarvation of AAdeulture. The rubj8ct property has historically , becsn th" sit. of I&dcultut:~l pt".oduction. Th. ontire silt, Java for tho dt"aina&e channel, t.h. v.tland arlu and, t.h. ste.p tlopin, bluffs above t.he 11,00n have recently betn or are currently used for h["llin,. Th. . u;nvit"o~ntal Impact Report (or t.he project stat..j that rou&hly 131 ICt"8S of the lit. hJlVG been uueSCot" &gt"icuHur.. Tho pt"oposod lUshr Plan (or the .it. calls for III of tho a&ricultural lands on lh •• H. to b, conv.ertod to . urban us.s. There is no question that pt"es.~.tion ot the max~ amount of .!ricultu~al lands feasible and promotin& a&ricultural production luvt be.n amol1& tb. most comphx lind contc-ovlt'sial iSSUQ.s of the! Carlsb~d f..cp ~ello I Ind· Mello 11 gegment.s and tho San D,i.&ui to LCP. A. gr'eat amount of time and .ffort vas spent by lhe Commission and it. staff addrlSsin, lhe a,r~cul'tural bSti. durin& lhe preparation and public haarin, sta, .. , o( these ~ '~pQt1ts, as well as durin, subsequent amendment requests. ' UQi ther tho lands wi thin the San Dilll&ui to area nor thf') Melle! I and, II lJ8p;ents are considar.d to contain .prune .~&ricuitural hndsas def.inod in the Coastal Act.. Thorefore the applic2ble Section of tho !cttlOuld, b4S(lction 30242, which statel! All other lands suitable for IgricuJ:tu'ral use shalt not be converted lo nona~ricultural us.s unless (1) continutd or r.ne~d a&t'icultural use is not fusibl&, or (2) such· convtt"sion vould present prime airicultural hnd or concentrah development consi.~tQnt with S.c~,~on 30250. Any such pl!lnaittod conversion shall be compatible with continued agricultural use on surroundin, lands. HOW'eveC', in JanuaC'y of 1985, klsembly 8ill 37U (BC'adlty) vas siined into law adding S.ctions 30171.2 and $.ction 30111.5 to the Coast~l Act. Section 30171.5 applies to the subject propeC'ty and states: s~ction 30171.5 (a) The amount of the miti!ation fee for develot>:nen;t on nO'npC"ime at.t"icultural hnds ·in the cO:istal zone in the C1ty of Cadsbad that lie outside of the are~s described in ,ubdivision (f) of Section 30170 ~nd . subdivision (d) of Section 30171 shall be ,deterninedin theapplicablt ," se.~ment ,of the locil coasul. pro!r.an\ of the City of Carlsbad. but shaUbe not less than Jive 'thousand dollars (S5 .000). no[' mort than. ten 'thousand dollars (SlO,OOO) p'tC', .. acre. All ,lIllt.i&ation fees coll.tcttt:d .under this section shall be deposited in the State, Co~stalCo'nservancY Fund. ~b) All .itiutlonfe.s collected pursuant to this ,eclion are hereby appropriated to. and shall be .xpended by. ,the State Coastal Conservancy in the followin! order.of priority: {l) .. storation of n"ttural ruouC'cu and wildlife hab,itat 1.n Sa t1 qu ito" , L.t!"oon. (2). Dovelopment oJ In ,int,erpC'eH .... e center at !\.lena Vis.ta La!oon .. (3) RutoC'2tion of beaches mana!,,8d foC' publicus. in .the coastal zone in the City of CaC'ls .. b·ad.· , . {~) Any other pc-oject OC' actiVity benefUin! natunl nsource. in the coastal zone in the City of, Carlsbad tllat is provided for in the local ,coastal pC'o!ra.m of theCitt, of Carlsbad. The bill thus established an 4dcult.ur~l, Conversion MiU,atlon, r~le fo[, those arus of C.arisbad recently annexed fr01!l the County of San Die&o and lyin,. ootside of the plan areas of the Mallo I and ii tcP·,e&M"t.:The provisions of Seet.ion 30171.5 were included in the Cit.y of Carlsbad's, LCPsub1zlitt.l 'foC' tho West ,B~tiquitos ~&oon/Samnis [.cP seplent.. trnd.r ~hi. pro,.ram the owner of dui&nated a&rieultur~l lands I in this ease~ Sammi, Proped.ies, is allQwed to convet-t a&ricul turd land. throu,h pa'nnent of a, iU H,ation fee of "no.t . len t.han· $5 1 000 nor mora t.han $1,0. OOO',P"C' aer.... ,In aec'ot"dance with S&ct'ion 30171.5 of the Act I the fus collechd viII be deposited vith the State Coastal Conservancy to ~ expended by t.h_.,Conservancy, eonsistent: with the I'PGehl h!isla~ion previous 11 cited. !he, priority 'for. such expenditure C..lts first tilth r •• toration and enh.ane_nt o( ~tiquHo. ~&Qon. second . with development. of' faeiHt.i~s at BuenaYista ,La&oon, .and, thic-d, with rutorat,ion of public beachcu' in Cadsb~d.· rourth on the list of priori.t1e,s (or expe.ncHturt of the funds 13 the purchase of land's 'within Carltbad's eoutal %one {or continued asrj.culturai ~S •• Undctr the fee pro!,t"aIn th~ potential thUs .xists foC" impact-' on ·one ~oa$t.l r.source to ~ III ti&ahdthrou,h the !tnhancement of equally valuable but totally Unrelated C'uourciS. The C01'l11\ission has .found. this appto.ch acceptable for the if,llo I and Mello n. 'Carlsbad LCP, •• pants in U,h:t. 0·£ the fact that the asricultural lands to b. convected are not conside.red prime ,and are subJect to sevet"1 dive topment pt'urures (C'.,feC' to ujor aroendment.s 1-85 . Mello I and 2-85 Mello II of Hi. Carlsoa,<f t.CP.) '!Jndee the ~.st ~tiqU.i.t9s u,oon/Sarranis .t.CP ses:n.ent, the subjl!ct fee .would thus be applied to the a&ricu ltuC'a 1 lands within the se~:n~nt~.r.ea, a&a tn. d'e,fined in the cert.if i.,ad·, EIl tot" the' project ~s lJl~~cres. ' Th. $arranis/'.Nest Batlquito·s Lar,oon LCP ser,:nent ·fu'r·ther provides. t.h~t the City appco.ved Has·tet" Plan for the a.tiquitos La&oo,n _Educ.tio.n~f Parle be amended to imptement the rlqui.r·emehts of the A&ric,ultue-al Convers.ioQ !!,~ti&~tion re. r-' Pro&e-aJn subsequent to the Corrrnission's a~tio.n on the LC~ u&ment. This w9uld' includ. the establishment of the fee amount .(sotheW'hee-e between $S. 000 and 10 ,060 per net ac·re aH ec ted to coC"res'pond to ;t.he cos·t of pt"~s,et'Vin, .prime a,ricultural lands put"sua'nt to the off-sit.' iniH&ation 'pto&ram of the Mello I and II LCP se&ment.s.) U dis'cu~sed in tlle, CotM\issions "fin(1in&s' on t.he West. :'8atiquHos La&oon/Sarrmis PC'opecties .['cPse&men't.. the conversion pro&raJU is consistent .nth the Coastal Act. as. ~ended;, those !indin&s are hereby ineorpora~ed by ref.renc •. ::- ,,' .... -:. .;. '-85 ... ~a2 P.,e l~ Thl CotmiSl ion thus finds the .,ricul tura-1 e6iwlr.sion proposed, eons i,hnt with the CUlsbad Local Coastal Pro&ratll as amencied. Special eo~diHon'll of th8 pemit rG(loc't. the A&rieulturalConvlllrsion Kiti&ation r.'-·pro.sram of the LCP. The speda.! condition" r'qui,res that, prioi:' to tr~nmlttalof, the . eoastal devtloptnQnt penUt, evidence of tC"arisCaC" to the Coastal Con~e'tvancy of th8 convuslon fee for the 131 Acres af fe~cted by the proposed ~Iter Plan and subdivision, be submitted for the review and written approval of the Executive Director . .lI conditioned, the 'C01'TIUission finds t-he p't-oject consistent with the LCP 'as eeC"tlfhd. 3. Visu.al Impact. See:tion 30251 of the Coastal Act is applicable to the proposed development and slates: The, scenic and visual qualities of coastal 'arus shall b$ ,considered ,arid ,probctlt'd as a r.esouree of public iJrrportance. Plnnitted d'evelo,pment shall be sihd and desi&nad to protect views to and aloo& the ocean and scenie coastal areas, to '.inimi%e the &1 te'etHon of ~turai landfo~, (and]' to be visually cOmpatibl. with the CMractcr of S\!rroundin& arcau, ...• Th. 167-aen proJect:. sit. h presently undeveloped with a~aajority of the project sitet used for c011'lmercial O\srie.~ltl,.lr~i1 fl.owr production. Tllll sib is .i t.ult,ed on a urine t.errace adj aeent to both the Pacific eeean and htiquito!l La&oon. Tho ttrr2cei.s compd.ud 0'( ,radual slope. at ,rades frO'll 1 to 10 percent., with elevations ransirl3 from "5 to 125 hot above mean SCia: ,level. A terrace ucarpment borders the southern Nt"!in of the,terraee. The bluffs which comprise the terrace escarpment generally separate the upland portion of the site (terrace) from Batiquitos L.a,oon. The t.rrac. ucarptllent b covered with Coastd Sa,. Sct'\lb, which, fonus a 2 to ,3 foot ta·ll, th,iek ve&etativc. cover. The bluff in the eastern portion of the site extends (rom th~ upland terrace (devation 125 feet KSL) t~ the la"oon floor (lass than 4 feet above mAan sea level) at a slope ,radient of about 1.3 to 1 (horizontal to vertical). From the project site, a panorama of vieW'S is ava.ilable.~~ the west in the direction of t'hli ocean ,and to the s'outh acr·oss BatiquitQs: [.;a&06n. From the' terrace uta in the nor~hwut sector of the property. there are sweeping, unobst'.ructed 180 de&ree vi,ws of the Pacific Ocp.~n ov~rloo.lcin& Carlsbad Blvd. Likewise, in « southe,rly direction, t~e site offers extensive vie· ... s ~cross B~tiquitos L~~oon to its oppositeshoreiine and bluffs a~& the residential developments in teuc~dia. Similarly, the project site is hi&hly visible .from the sutroundin& areas. Itt is hi,hly visible from Carlsbad Blvd. (Hi,hwcy 101), Interstate IS and from La Costa Avenue across Batiquitos L.1&oon. Distant vie""s of lhe site are available {C'01A theresid'en,tial areas of n'Q'rth Leucadia and the 'raside-ntial arus of Carlsbad north of thlt sit.. The site is Ilso hJ&'hly visib,~e from pissen&er trains usin, the AT&S~ Railroad. The applicant is propos in, a relatively dense development which includes many 3S-foothi&h buildings'and three structures "".11 in excess 0.( 35-feet. The closest buildings are setback ;, .. " .-, 2231 , -35 -'.t a~,2 Palo 15 .5 (e.t from the bluff ed,e on both sJd.s of the AT and 'S1 ,R.ailroad trades. Thil setback distance is adequate, but not exceptLonal. t'tla Col1ftlilion has ost&blished a min1.n.m sotback inpe-.vious pormi t dcacisionso( It hut a SO (bot J.tback (rom scenic co~stal bluffs to protect ~i.ual r.~oute •• and at .llut 100 feet, it potsntiai impact, .. to sensitivi habHat va'lulS ~xists. , , ' WhU. it. is void (or the I\Jbject site, th'e ~ertif~ed: land.u~e,plarl for the San D.h,uito Local Coast~-l 'Pro,~J,m (County of ,San Die&o, 1980) eontdned I se.nie resources policy ,roup, whic.h detailed vlsta point •• nd .cenic ;bl&hway corridor vie~1heds. The project .ite faUs .nthin tlle ·Vie",sh.d 'of Vista Point lNmber 2, loc.at~dnortb· of ~ .Cos~a Ave. and east of Old Hi,hway 101. The vistA point is .Ltua,fed' Icr()u the hso,onb.uin fI:'01S lha' IUbjectproputy. The vista is uid in lhc dt'~ft:. LCP to "yiGld Ixcell.ntviem Q-f J'Urflinltl, BatiquHos L.1&oon, and the blu,ffs and fields on the nOrth tide. of tb. la'O¢n." In addition to ~in& within t;,he viewshed oJ an ostablished vista point, the proje¢t.. site it aho located rithin the vitvlMd of a roadway reconnended fO.r d"esi,nation Is a Ic'enie vi", eorridor!n the San Die,uito LC? ' H1Shway 101 (Carlsbad BQuhvard)' from La COlta .tV8. t.o 'South ~rlsbld '8-each offers ".xcellent vis\ofS of .urf, eoa.tline~ BaHquitos. La&oon, and bluffs to the no~'h, accord in!; to the S~n Die,uito 1an4' use' plan. A nt.tmber of deava1opment· d,si&n st.ndat'.ds w1:'e recoomended in the·. San Die,uito La' to minW.za impae ts to .cenic view,' corridors. Th.,e ineliJde4: bu i !dins and vogfllt~tion Sl~tbackl, iconic: iUswnts and hdsht an4 bUlk rastrietion..s. lU well as rutrictions on offsite silna,. within view "of the laloon area. The. structures p['opo.ed alot1& tM la&oon bluU. ar. rtlst'riet~ to res.idanthl . houtin" in on. and tWQ stodas. The one,..story residenc:u would be located on each lid. of .the -five proposed paths to the five pu:blie' vi-s,ta point. .• a~ 13.hown· on txhibi t 16 of the staff. ['aport .In an effo.M. to ainiaize thei&paets of the fi['st ro .... of struetut'Qs on th_ jcenic. ['Q$ourees of the si,t.e, Special . conditi.on 115 t".,ardin& final ,desi&n eri teria for those hemes ~s been attached to the permit. !he condition [,·.quirts t~t the aterial. used for finishin, these bomes consis.t of earth and 'food tones to assur,e ~ompatibilit1 vith the· surr~ndin, area, Sp4lH:ial Condition IS of the pet-:nit further re<!,uit"u suMlittal of a detailed hndscapin& plan subject to the revie'J and Ioft'itteri aptlt'oval of ·the Ex.cutive Director. Tht. plan is to include the use of speci:nen siu trees around the projltct's peri:ne·t;.er w-hich, at m4turity, Vill bav, substantial he.i,"ht and brl'adth to buffer the development from the major road~y.$ i.n the area. The purpose is to softe.n still further .the visual impact o·f·the development, vith. partic.utar emphasis placed on screenin~ the lat"&e st~.Ictu'res alons the latoon bluffs vith an ample number of trees, /< Special Condition 115 also ['estde ts the heishto( an s·t~ctu['u .on the site, save for·tvo, to 35-feet. As mentioned, ~ny 3S-foot hi&h buildin&s are " " propose,d in the Kaster Plan. In addition, a 90-foot.hiih to .... er and 55-foot hi,h ,ymnasiuia are proposed, the formet' bein& proposed fo·[, pnase 1 of the projec t. WhUe' the hei&h,t of these two structures rep"resents a "d.parture fr01ll the 35-foot hi&h limit normally associated vith Carlsbad's· c,oastd' ione, the .tructut'es in question have ~een sited in less c'o~spicuous locations of t.he ,-. " , '-S'5..o.H2' P-a,,~ 16" proporty and do not rtpresent. I threat to the $xt.tint tlstheHe valu •• of the lite. The hd&ht of the u'mnasiU'll 11 dictste,~,by t.h', Itandtrds of the .po:-t snd puc-pose for Iofhich it is propoud, a trainin, ilh (or the U. S. olympic vollGyball tum. l'h0 curpanUe, lihile 90-fllotin hd~ht, is not. I bulley .t["'Uctura with the n.&ativa, aspect of ~loc1cin, ,view, Qf llaocun ot" 1.&00n (rom surround in, roads or deveiopment.' The specia1 c:ondition ,hu b"en added nonQth.less to assura t~t rem.aind.rof th., de.velop~.nl p,r'opos~ for th~ .-it'. not be constructed toilateh in Bcal. the tw larIat" ':~t'J~tur'''. .u 10 ' ' eondi Honed, the COtZniuion· find. the proj et;t, ~onsiltent vit:h, Section 30251 of the Coastal Act and with the Carlsbad, West. Bat.lquitos,U'oon/Samis Pr,oparties LCP u&.ment as certified. ' ~. Resource Prottction/Sensitive Habitat. The subject site is located adjacent to Batiquitos ,~too,n and' contains a portion of lhe lasoon itself' and a lagoon bluff system cover~d vith coastalsa"e./c~pparal. Section 302~O of the coastal Act is Ipplic~bl. to the proposed project and statu: (a) Environment.ally unsitive habitat. area$ .hall b4, Prote"ct*d' a~ainst ~ny si&nificant. disrupt;ion of habitat vd)Jes, and only uses dependent on such ruourc •• shall 'be al10vtd vithlt\ IUch ar~as . (b) eevolopm4lnt, in 4rus adjacent t.o enviro~t.all,. 'uns.itivo habitat' areas and parks and r.crGation 8 1:"8 as' sb.iu"~ .Had and desi&ned. t.o p,rtvtntim:pact.t which wuldsi&nifiuntlt d.,rad. such ar'Qa',. And .}all be cOlnpatible vit.h th. ~cnltinullnC. of I'Uch habi tat areas ~ Section 30231 is also applicable to t'he project and provides that: The biolotical productivity a~d the quality of eoastal vaters, strums, vetlands, estuades, and lalees appropriate t.o aaintain optimum populations of marine or&anism$ and for, the protection of human health shall be uintained an~ ,where fusible, t'utored throu&h. amon& other m~ans, ... controll~ t"\lnof( .... The subject 'site lies adjacent to Batiquitos La&oon:,an~' includes rou&hly ll-acC'u of en ... ironrntntally sl!nsitiv. habitat of the' U,oon itsel! on the lo ... -lyin& portion of the property,P!'oject plans call for 560.000 cubic , yards of cut and fi!l &t'adin&' on the ~es~ locatead above tne ~a&oon. No development is pC'oposed on areas N ,0 ot P ',",hi.ch contain the sensitilla 'wetland areas, The bluffs which s'epcr;.lte the la'!>oon and a,:s.sociated salt l1\4lt'Sh habitat from the upper :n.arine tert:'a:ce and propond "luff top .development wiU also C'em.ain in open spac: •. ' These,bluffs.ar. ve&et~ted ,with a Coastal Sa&e Scrub cOtIaDUnity. a sensitive habitat recolnized as appropriate for preservation in the policies 0(' 'the w.est latiq~it.os La&oon/SalMlis Properties UP se&ment L4nd Us~ Plan. the ElR ident.ifi-.$ the bluffs as a nat.ural buffer betwe.n develQpment .hd tht laloon. Additionally. the closest residential structuC'e is setback .Sfeet fcom the blu ff ed,e. This setback rill pt"ovide addi tiona.! protection to the , .. ~~ .. ' ',' .. " · , ., ' 2233 il-v.),-'l ... " Pal' 17 5". tlCf'\Jb .colXlhUnity loc:.ate.d on the blu:ff hc:...·ln ordlr urure that thl bloon blu·{f system "'ill tetUln in per'Jl\ln'nl open ipaci and in iu natural Itate,' the' com:niuion is approvin, the proj.ct. rlth the . r~q\J.ir~nt that.' an open 8paC'1a Ituamen.t over t.he. bluff 11st., .n '. indiCAted on Exhibit· IS, b. offe.rad for: dedicaHon to • public a&eney accQptable to the Executive DIL~ctor Inthe attached Spedal -CondHionI2. Th'l C01IUUiuion is also requirin, in Special Condition 11 that. lhe ",.tland portions of the sita, allo indicated on ~xhibit:. 'S.,b. dt-die·a.tad in fee t.itle to an IPpLQpriat. reSOULee .ana,~nt 1,lncr and, until itJ acceptance, reserved &I pet;'"tUnent open .pac.. Sa,tiquilos La,oan is one of the 19 eoas.talwetla~ds identifit-d by the Dept. of lisll and Game in the LepoLt entitled "Aequi'sition PriodHu fOL the Coast.al WeihnuS, of California". The adjaeent ~and wit.hin the U,oonis aneeolosteal rueLVe, owned,' and I1Ulna&t-d 'by the o.p~. of 'i~h and GaM. Ae<iuisi'tion of' this pare~l would b. an appropriate addition t.o t.h. rt$eC'Vl. '.Acquisition would also help assure that only usu compatible vith the ufnten.nc. of the W'etlarids, as -identified in Section 30233 of' t.he 'Coastal Act, ~uld be peru tted wit.hin this arll. The Commh.sion hal found in variousp.Qr."mit app lications in which iietlands art involved; that .public ovnerS-hip of suc·h. sensitive habitat is the ~st assurance of their eon.tlnu&d hi-olo- sieal productivity consistent with ·S.·ction 30231 of the Coasu! Act (16-84..,617 KdlY.I6-83-613 Winds'on& shorts, r74S3.l!lolhta,1). Th$ C01rI11issi01l has also attached to the .penaitt Special Condition '4. which raquirusublliUal ol • runoffc'ontrol plan that .Isur.s JlO inCrQ2Se in pule runoff from the dev,eloped lite. Also, the Vater alst ~ dischar&od throu&h .n eners1 dissipator a·t la,oon leve1. Adverse impact.s of development adjaeent to ",etlands are most often asso~iated with the potential for increased runoff whiehtransports. sediment to the la,oon. The ErR addresses thQ !act that the pot.ential for udiunt toreaeh the la,oon from the· d.isturbed site and the associated potential (or de.stld.'" tion of t.he la&oon resources wuld be ,rutest dur.i", t.he construction phase of the projeet. '. Because of the substilntial amount of ,ra·4·fn, proposed andt,he .proximity of the &r,adin& situ toextremelysens·itive rdoureu, the attached conditions prohibit sradin& activity durins the r~inY season (Oct 1st throush K4r. 31st) of each year and ri!quira th~t erosion control devices be installed and operatin& prior to October 1st. The erosion cont.rol devices may be inst.alled concurrent with !radin~, provided there is a bonded &uar~ntee that they vill be operatin& prior to ~tober 1st. The conditions also provide foC' prompt hydroseedin& of all·dlsturb.ed slopes. The open space areas rust be fence-d off durin& constt"Uction to help eliminat.e the encroachment of earth-mavin, equipment into sensitive habitat areas. The attaehed conditions also addrlSs maintenance ot the draina,. improvements I partict,llarly the duiltin, basin. 'the requi're:ment (or installation of sueh devices in itself does not meet wit.h t.h. intent. of Section 30231 t unless the devices ar .• maintained.. ~refo['., th'. conditions.provid·e that m.aintenanee a'rrantements be secured })elore the • j. 2234 6-'5--U2 Pa,. a pend t. is relund. P'inancin, of thlilUintsnanca oo.t: .. bo be ensured " ." . '0. dheullion of projected uint.nanc. cost)' it requ.ired to auurQ proper usu~nt tus. !'his h particularly approJ>'r!ah if m.alnt~nanc. is to be the r~sponjibility of a prop~rty owneri' aJlocia~ion. 'i"haSQ require.ments http usure compliance wi.th sections 36,231. 3Q233 and 302~O of the Coastal Act. 'The Comniuion finds the project. II conditioned. con.istent vith thue uctions of the Act and vith· tte West Batiquitol LA,oon/Sa.m.is UP u&,m4nt:. IS' e.efUlled, ineludin& the' pC'ovision which prohibits &radin, durin, tllerainy Icuon.Spe~ial' condition 'H has ~.n attached to the permit:. becau,e of the potential i~actJ on the ~t.r quality of !atiquitos Latoon associated with use of the la&oon .. either. a .0uC'ce of water for the vater fubures. or. e3 Zl. point of di.charte of·such water. Tha Commission'S standard ~iver of liability has also b4en attached to the project because the development is located adjacent:. t.O .tup slopes and includss land arl& which' may ~ I\Ibj ect to inun4a'tj:on, in tM:t they ar~ within t.he lOO-ye.ar flooc!,J'lain of San M.ar~o. Creek"While all of the proposed construction is relDOvedfrom the lW,ts of the lOO-year floodplain, associat..d flood flollr'S eould poten,tially trod. and undennine th~ bluffs ~lO'W proposed dQvdopment a,r.as. 'tbh c'ondHion ul\lr •• that t.ha applicant. 8cmolo(led&as and asrum/uthe inh6r~tlt risb of fnlch' devolopm:2nt and nivu any elaiz of liability _,ainst thi CODnisdon f'o'C it! approval of the development. 5. Public AccllSs. The subject sit. is lo~at~ ~twetn Batiqui tos ~&oon and the first coastal roadway. In accordance with Section 30604(c) of th. Coas,talAct. the Commission Rlst &ake a find ins' r.&ardi~, ' the proposed d.velopment t S' eonfor:manc@ vi th a1.1 'publie accus and public recreation policies of the Act. The findin&s on the certified S.n Oie,ui to LUP contained lan.&ua,1 lihie-h wuestad that public access alons the bluffs alon, the north shota of Bat.iquitos La&oon would be appropriate, on the subject prQperty; should the land be converted (rom asrieultural u$e. The .West BatiquHos ' ~&oon/Sammis Properties tCP se&!Ilent submitt~,l also eOtltains specific public access requirements. !'he pOlicies of the UP se&Dl!tnt state: La&oon acce:;s .... ys, bluf~top access·.qys or ~quivalent overlook areas. or a bike path/pedestrian wallc .... ay shall be provided if a~ricultural land on the north shore of the l~&oon is~ev~loped. Such access vays shall be pres.e,C"Ved for public u'seby r'e<.luirin& irrevocable offers of dedication of those a~tu as a ~ondition 6f development. These accessways shall not adversely impaet .nviro~ntally sensitive habitats. As su&&ested for IftOdiEication. the revised policy would read: La&oon accessways. bluff top accusways "o'requivaltnt overlook areas. and a bike path/pedestrian wal1oray~lon, the north shore, shall be provided if &&ricultura 1 land on ".the north short of . " '--'5-H2 Pal' U Bati:quitos ~soon is d.v.loP'~·' . 'n1. t'es-ponlibi.~H1 'for con.tI"\Jction and. iuinten~nce of -;uch p~th/wl1cvay--.h:all i>. with the dovtlop&r unless oll\eC'Vise'peclfled· ~n tha aati-c~uitol [..a,oon Enhancamt.ilnt Plan. SUch' $celu.-ay-, .hall b~ pruerv6d ~or public uu by r~uidn., irt'lvocabh off .,rs of dedication of those arias as a condition of dovelop'Ulent . The i~c,ss"YI ,hall not a-dv.rsoly Utpac.t Invi rorun.enta 11 i-unsitiv. ha1;>it.I·h. The LCP ",ment further requires tha-t. I public. aecen p.U·h, permanontly open to the public, bil provi.ded qn lhaves'tern portion of·, \tbe propa.rty· in areas J t X, Land P of the Kaster Plan. Add~t;ionally.,· the a-atiquito. ~,oon Enhancement Plan, When eomplotad is anUcipat,.d to conUin &uidelines for fXJblic Icee ... 1-10n& th, ~go6n ihore.. . The proposed l'taster'Plan inclu~u the provis.ionof.thr.e ob.ervat~on point~ along th. 12,oon bluff odg. and a eonUnuous a'eees',: .path alC)ng the aast sid" of carlsbad !ouievard. Athched Spec'lal Condition, Ill'of the pe,tilit. t requires' that an addiUotal 1ol&1kvay b. provid.~ alon& the, north .Illor" of t.h. 1I,:00n either bolo,," the la&oon bluff top, thtou&h tbe '~atiq,uitos ~&'Qon tn'haneemen:t Plan, or, i.f·found to be inappropriate alonlth •. lagoon e4'.' than at t.he bluff top in.are.s C, H, ~ and L. MothQr of the lie,.' eoneot'lU reSlrd.ing pu'bUe aceeu is:.t.h., eff~.c;t. tho prop'o~ed project would have on trJfficeirculation on. Carl$badBoulovard (Hi,hwar 101)' an~ La Cost.a lvenue, exht.in& priNry beach Ieee.. rOut... in t.M 01 t,y of CarlJbad. u mentionod, thQ mixed ule projoct propo.ed·vill ,anente an 'enonnous amount of t.raffic in t.he are., e.lClJht.daf~7 t~OO, a·vo:r-a&8d.ily trips (ADT's) in'the tIR fat' tho projoe·t. As·dui,n'~t.·t.bo 167 acre project would hav. tw ontranee/exit sites: one on. the extension of Avenlda Enc.in-as and one from C4rlsbad Blvd. (Hi&hwcylOl). Wfth the li::Aited number of entrance points and' the ho .. vy amount; of traffic ,eneration anticipat.d, thoCotmliss ion is eoncernad· vi.th the potenthl disC"U?,tion of traffic on H'i,hwcy 10-1 and La CO'sta Ave,! If uS.e 'of t.he, en-trance points is sh.1red e-qually, the r·.·sult ·vould ~anlddHion.il. 13,000 A.01"s on what is pri:na:rily a (our .lane road in the area tha,t serves as .c.eess' to noarly , all .<?f'Sari Die&o' s north cO'unty beaches.. While the applicant ')it11 b~' re~uired by the City to ilnpcovo -the t"oadw-ay in, the t:tlnediatearea of the proj~et, the impacts oJ tr~f£i.c &enet:ttion wi.ll be felt far beyond:t.he t'an'~e of those _ i:npcovements. The proposed tn.ain access fof." the pC'oject.iS the Avenida.Encinas entrance. Av·eni.da Encinas inte,rsects Poinsettia ,L4ne appC'ox~t,11 1/2 mIle nOf."t'h· of the proje,ct site. Rou&hly 1/. milo east of. that'i.nterseet.l.on, InteC's,tate' '5 1'-: , provides 'on and off rain?s (or diC'ect -aecess to' Poinsettia t.4n.. thus freeway access is nearby ~ich would .1110 .... use of th, Avenida Encinas entrance .as the. pC'imary access £,or the lite. Yot the existence of a' second access to the 51 te off of Carlsbad BoulevaC'd ·poses the thr.eat of 'a heavy iner.aseof tC'affie ·on, t.his coastal route to &ain' access to-the BaH·quito. t.a:&oon Educ_tional Park. While the. ddvin& la·bits of conrwters and visitors trav.ling to and frC)fft the sit~ cannot be di.etated I the COtmlissio,n iseoneemed vith pruerving Hi'h .... a·y :' :·1 :;- ( . r PI',. 20 I 101 '., a beach access route and lSiu('inl no further coni&'$tiofl on 4,1· C.o.t. Avenue. Tlle,rt{ore the (;OlMIission finds that concerted e({ott. l!L!,t 'be iUd. to control th_ flow of traffic t.o the ,sn.e by diractin& ,it prirurily to t.he, Avenida EncinAs entr~nce: Tlla a.ttached Spocial Condition 112 reflects the Co:tmissions contern vHh· traHic circulation in the.rea as it rdatu to p~blic access. 'The condition 'requires the applicant to include "'!thin the-si&n pro,raTl for th. p~oJect.' . provision. for directin& traffic to the AvenidlEncinu entrance ('or the .He, includin& t.he use of a freeway directional d,ns'at the lnt.erst.ate S/Poin- letHa Lan. ICCUS ramps. l1le project,' as condl"tion4d, can ~found in con'for- unclil wi. th all public aeceu and recreaHonal polic,iuo! the, ,Coa.t.al Act. There h, however, an additional aspect of Cqanission eoncern r6,Olrd.irr, public accul in t.he area. this involves the ultiInat,e l:oc~tion of the Carlsbad. Boolevardl Avenida Batiquitos inteructionJnd any potential re'aU,nment of Carlsbad, Boulevard. Both are proposed for Ph:a$e, 3· of the proj .d. and -.vill thus require rlvi8~ under a separate coa$tal d'evel,o~t permit. The COlmIhsion hovever .... nts to dO~1iment here tha.t.any, tutu.r. reali&nment of . Carlsbad Boulevard has the potant:hl for adverse hnpacts on the accessability of the public beaches and camp£round •. in t:he area and will thus be clo •• ly examined in consultation with the City of Carlsbad/Pa'rksand iecreaHon Dept and tho State ~pt. 0'£ Para and I&cr.'ation. 6. Arc~~lo!ical iasource.. Section 3cr2.~. of the Coastal Act .tates: ~er. development. wuld adversely iJlpactare'huololical or paleontolOlical resources as: identified by St~te HiStoric Presat:'Vation Officer. nuonabltmi ti&:ation lHasuru .shall be required." The City of C~rl$bad has incorporated a number of aiti&ation meaSure. into conditions of the t .. nt~tiv.· up and the Ma'ster Plan. The attached 'condition (""quires complianee vith these "mitisation measut"ls. consist.nt vith Section 302~~ of the Act. ~. Local Coastal Prost"am. Sections 30170(0 and 30171 of theCoutal Act were special ltsislativt amend~nts which required tha Commission to adopt and implement a Local Coastal Pt"o&rUl {or portions' of the City of Carlsbad and county is lands pdor to specific statutory da.tes. The subject property "'1$ . not inc luded Io'i :hin those spec i fiedareas and was ot'i~ ioally included within the County of S .. n Die&o LCP plan area. With subseq.ue'nt an.nexation to the City of C~rlsbad in 1983, the area w.s left without an applieaole Local Coastal Prosram. The City then subtnit.te4 a set of land use.plan policies and implementins ordinancls to serve as the LCP for the subject sit. and the adjacent west Batiquitos LaSoon basin. That LcP u&ment is bein& revhwed by the couwission concurrent with the pemit. application for the proJeet; The C011'ftission' s pennit dedsion rus,t be adequate to earry out t}:le adopted %onin& ordinanc.s. as vell as the Chapter 3 policies of the Coastal Act. ~. , "." , , b Mntioned, ,the I1JbJ.ctdev.lo~ot ,is'b~in, tivi • .,.d concurrent ,vith :.n LCP u&lMnt .uOOlttal for the'Irla,. T1'Ie Cotm'lisstoh'. f1n41",. on that I\lbalUal dul t c;xtQnsinll I!fHh tho :.'pp,roprilhnlss' of'thQ wi,d~o nd~ty o.f land uio! proposed in tha Mu'tIJe' Pl.an. The 1UU6S pC p,t-Qv'isI'ion. of .public Icce", and pru(IH"v~t.lon of sendHve' habitat, and a&ric,ultural land. 'are also Idr .... d 1n detail. T'htl C01mliu ion hereby incot'"pora t"es thOle fin<,Hn,s, by rthe-Inc. and finds tho subject' permit application,.Is c,onditioned, eortii.tint with t.he LCP le~nt al e;rtified. STANDARD CONDITIONS: 1. ,Notice of Receipt and ACKnolo'lad!)ement:, 'The permit. is not. valid and d~wtllopme.nt. shall not ~01!ltI1enc. u,nt.il a _cOPy ot the p'C"Illt., dIned by the permittee or authoe-ized a&ent"acknowled&ins receipt of the PI~t and accephnci of t.h. tlt"mS and conditions, i"returned to the Coanission offic •. 2. ~iration. If dovelopment la's npt conmenced, th.-p.nait vill expire two laars froca the date on which the COlII%lissiou voted on 'the applicaUon. ~v&lopment .hall be pursued in a dili&:lnt manner and eomphted in a rearonablt period of time. Application for extensionol the permit DJst be made prior to the expiration date. 3. ComPliance. All devolopment Ifl.ls·t, o'c,cur in strict coapliancevith th. proposal as' nt forth below. Any deviation (rom'lhe appc"ovld plans VlJst b4t reviewd and appr9v.d by the staff &n4~1 requlr-e C01I1l1isdon approval. 4. Intet"l)C'etation. Any questions of intent o'r in,ter-prlhtion of any con'dition rill be rttsolved by the Executive oitectoror tl\-COmmission. S. Inspections. The Comniuion staff shall be allowed t.o inspect the .ite and the dev,elopment dUrlns construction, subject.. to 24-hour advance notic .•. 6. Msi&n.":lent. The permH may b~ us{sned to any qualifild plrs.on, provided assi&nu fi les ,vi th the Corranission an aHi~avi t. aeceptin&:a tl terms and conditions of the pe~~t. 7, Te~s and Cond:"tion:; Run ' .. ith the L.and, These terms' and conditions shall be perpetual, ~nd it is the intention oftne Commission and the permittee to bind all future owners and po'ssesso.rsof the subject property to the terms and conditions. " (S4S2R) , ;.,:''':.:-.;" ., ~. . , FEET -:\) , , '. ........... :. • ., ••••• "i : ~ ~_.Ilf'"f ..... ~ ••• _ .. . 1iIool'··. " :J J' •.. TI"~ ...... , '.' .' . .,.. ". : ~".., • qJ \ . : -." -. : . ~"" .................................. . I .. .. 4 4 ; . ' , ' ... ',..:. r. .!. '. -')':~ ~"". '- . ; . " \ ~. :' 0' '.. -OJ ~" :~'6'" ' . ... ., ...... ,' . .' j , . ," . , . . : ,':.~ ." .... :. ~ :~~/';\~:. ~. ;- / ,~ ...... ..~ ./ ..... ! ~ ..•. ,.. / i-" ., \ . ',.".' , t ~'~~ . '. . , ". I -' ... :.....". • , . '. . . . . . .... ...,. '\.,. ....... ...".,--:: -.... ~ ... -~. , :. \ .; .... . . .'-, j ~ • • ~,~.. .' .. '. J .~-:/-. "". ,,. ..................• , .. . ~.~'. ~'. ..-\.. -~-. . ..,. f o'....... • '---.. .... ~~. to /-~ Dti:O BATIQUITo,S PROJECT LOCATION co;~.a~, ~ "-"'~ ..... I . ~. "':ki .. t;: ·,A.UI • •. ....: l' . '0, '/" ':;r.l -~ .O~SJ".· i ., r-- /. ": ~.' .,~,~~ . ~:'''~.' .... : . . I.' r:,.-~-: ~~~;f.'. ~ ! '0 ,): T'~~I:.' ~" .. '-'~-: .... :':;~1!1 • \ (.. _f_ .,;..", '. 1 ,... .r- o ~" • , •• : .) ••• ~:; E3J :..,' ........ I .' '. ~ t ...... '"',:, , I ~" . ..;,) ,'f. ," •• . • '. ,.... " .. ~ . \ ,--" , .~ : •. \!I-. -••• yt •• , .'_ .:.-'" :" :: . ..' r \ .. ~ ... O"', ~l ~.~. ~. L' .• ' ~ -. " • • •••• ~. . ; .. '. J .'... 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't» •• .; .' .. :<\ " •••• •.• ,,-• \ ~ . • o~ • • \ '.( .-r-:~.~~~.-:.: :,~, .. ,'.,;'. ,~'EXHlaIT NO . \ , ~;;.--;i;:lc~r, -.. = .:~.".: ~/ . ,-. '\l \\\ \ .~:.~ ~~.' 3" • APPLICA nON· NO. ,\'t\", \::~ .• ,~ .• ""\ . '/ ' ~:;':e",,", .....• !: . .::-.-;. .... ,. 0-%""-L~uc ... dia 'I" .~'.".l_: •.•. ' \ ':',-" ~.~~'~=..-....... ~~-'-----1 --;\ \~~~.\ . \:~ \\:. \. '\'~~ '. .' .~' . \ ~' ... ':j, ,:, __ -:!: .. ' •. -. :--~ ... ;-.~.~ c..... • -~"'-__ '. '.o:.--",~ ~;r:~~ h:. l' ,\~'.. ,~. ~\ --. -\ -; \ '.~ 1tQ~·\(n6'. <; .'.,.. •. ~:.~. :\;~, . '1-, -_;,~ . \0 '. " rr ~ . ~ .. ' ~ ~ ,y:,: ':.-'''.~'.' '\'.\ .{ ... C:""" • JII&_:..' "' ~ \ • • . l,,~" ~ .•• "'i" :.~. . ~ _ ... ~:-..;.I·i"'·C.-.... . '-' , I FIGURE 2. PROJECT LOCATION AS SHowN ON THE .USGS :~AP .. L.:::' ===:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::===:::::::::::::::::::::;;=; = REC(J)N ~ 2/13/S5 .. '. 0) . ~ t'\l ~ '-' "." .'. 1\' . ' .. ~' I. ... _ .•• E .. .:. . .. ---_I. .. ··c· " -. ,J • '--............ . ·~.A· .. . ""'-----.. -.. _---.--------------------~ /B~ -::::::.:....~~, -'-' ~.~ -~--:-- ."-"" --, . "--.--~-.---------... _---- I· • -', . , K .... " . ~ .. ~i7' .::::.. . . " . -. --:.. . ----t. ' ~ ~ ... ~ii:·~~~~ ... 1 • r: X ....,:.-_ ....:---0-_ ..... ". : .. ' :T";/~ :-.. ----: ~~-.74:7l~~::':.t.?~~~~~~:)·.~. ';-.. ~. ~_~::"'.~. ~~-......... ~ ~'-~.:"'"". . -........ 'rl"'.," , ".t:;. ...... ..... ~~t..~~r\ ..... " .... t\.:. .. ~~!~,i£,'.~.... ., .,1 .••• ,. _o..,£t .I!"-'" , " I.'-:;:"':--= __ '-:::'-:~_""""::-, . r~'OCVoH i L ""j . .'.':,-..... '~" ':.'. ,', :. .' &A to. .'01:-\..AQ()(JPf 1 : .. ,. 'J., I .' .~ p I .. -..". :.,', . '., ",,:: ,. . ... ' CONCEPTUAL l;AND USE SUMMARY ,. :-l _____ I a» i LA t _::& ~ =--i ·14 I ... ~ ....... ,,~ • L~ •• .......... ..-. c .... ~ ". .............. • ... •• ........ "' ... • ••• , .. ...... "t4 , ". I •• ......... '"' • •.• I ' .... ". I ~-;";'-·I It I •.• 'I .. f§~1 I' 'u l,n·,..1 [@:-I I •. ' I ... _1 I ,F "':',1 • I 'I.e r I .-..1 I~,~ I' l I u 1, ...... '."_·, (::::.1. I... I ,". 1"·-1 .. ) E.:;!. .. ,'\ ' •. r 1 1 I -~ { .. •• r.' ... o .Z .~.-. ..I\. "'~ .. Jr ..... .. 11· ~,I ._--r- OO I t--< 8 ;- . ... .'X W ..J 0:. 0. < ~·O;NCEPTLJAl·LAND USEPLA;N BATIQ:\.JITO:S. LAGOON' . EDUCATiONAL PARK ~ • I , -,-L '= -----" , , SAMMJS~ ~PRO~e~TIEsj::: ;-;:::::::::::: :~;;::: ',:, _:' , , •• f .. ~ ,...' 1:-""" ......... n. ~_~_ ·f. t. k ~ " . \. . \' I -\ ;: i ~~ . ( ~ I /; r ! " "/ .. " ' ,;-~) i'!f . ,-, /.;, l-" -. \ . ' j .", . ! \ . . , ~ " ~ I' ~ a: ~ --1 <! Z o 6. -::> zfd '-.~ , -J.Z 0..0 wO ~-(!l U55 i()(/') . t=o: <t t:: : I: ~::> . . woo X r;- (,) <:(--wen: . '-' .. :": I , . . . . ,. 5 . ,. i~J . ' . I ! " I • "-,, I '/.: . I'~', UI : I 1 II . ~ ... \ . ~, " -~'. . , , , I \ '. \ \ " \. , .. r ·.t. '" " .. :'." ,- . ;: ... ' I. { .. . , '. -I' .... . 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Ii" " " .' .. t.," .. ',' .".', .. :: ...... : ';:. '';. :": ,', . , CARLSBAD TRACT 85-'14 _"_~" •• -....... __ • '" ,t ... _ •••• ' ...• I BATIQUITOS LAGOON EOUCAT~q~~L Pl\nI< I .~~ I _ . I~ ~ . UNIT NO. ,1 :;~ CD ..... ~ ~ \~1 ~H .... --...... .. _. AVENIOA EHCIHA .,., """"'(1tI(1fT 1'1: MII6 '~-:,r:'-iflwn/J ,',' I ,~, I . ~j :. I '/'/,1.,1, 'I"y:.~~. I ',' &OiJHt:Jlt4lfr t'SJON .lX!N!Jit"r. . l . ' I· , , / . '. " .. . .. ~ .. ~.. . lJ ·0=;~PEKA0NirFEIl~IL.WAY~.O.W.~-· -- "I LEftEtiQ ' , ~,·rNo. ' ................ @ ~ .. ... ,- '.. . ",~, EXHIBIT D " LEGAL DESCRIPTION PARCEL "A" -WETLANDS' 2244 3-26-86 84'-,8019 I THAT PORTION OF LOT 3 OF 'PARCEL MAP ,13653, IN tHE CITY OF CARLSBAD, COUNTY OF SAN DI EGo, ,STATE OF CALIFORNiA" FILED IN TIff: OFFICE OF TIIE COUNTY RECORDE:R OF SAN DIEGOCOUNT'i J}JWARY 31, 1985, MORE PARTICULARLY DESCRIBED ,AS FOLLOWS': ' ' , " BEGINNING AT TIlE SOUTHWEST CORNER'OF SAID LOT 3, BEING APOI.NT,ON :: THE EASTERL Y BOUNDARY LINE OF THE RIGHT -OF -,WAY Q'f 'riIE ATCHI SON, . :~: TOPEKA AND SANTA FE RAILROAD' COMPANY (COAST LINE); THENCE EASTERLY ALONG THE SOUTHERLY LINE, OF SAIl,) LOT 3 S 89° 29' 2,6" E 1084.00 FEET TO THE TRUE POINT OF BEGlNNl"NG; THENCE N SO'21' 15" E 227.13 FEET; THENCE N 26° 55"55" E 179~78 FEEl'; THENCE,N 460 00' 17/1 E 245. 3'S FEET i THENCE N 240 45 f, .37" E 297.95 FEET; TIIENCE S 1° 36' 13/1 E 645.50 FEET; UiENCt N 320 29' 00" E 613.26 FEET; THENCE S 31° 41' 12" E 344.~7 FEET; THENCE S 51° 02' 53" W, 649.80 FEET: THENCE N 890 29' .26" W 438.99 FEEt TO THE TRUE POINT 'OF BEGINNING. " Page 1 0'£ 4 ': .-- '. 3.,26-86 84'"80J..9 LEGAL DESCRIPTION PARCEL "BII -,WETLANDS THAT PORTION OF LOT 3 OF PARCEL MAP l3653" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNI~t FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGo coUNtY JANUARY 21, 1985, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTIIWEST CORNER OF SAID LOT 3, BEING A POINT ON THE EASTERLY BOUNDARY LINE Of THE RIGHT-OF-WAY or THE ATCHISON, TOPEKA AND SANTA FE RAILROAD .cOMPANY (COAST LINE); THENCE NORTHERLY ALONG SAID EASTERLY BOUNDARY LINE ANP ~ONG THE ARC OF A 11,559.20-FOOT RADIUS CURVE CONCAVE WESTERLY 160.00 FEET THROUGH A CENTRAL ANGLE OF' 0° 47' 3511 ; 'I'HENtELEAVING sAID EASTERLY 'BOUNDARY LINE N 82° 50' 46 11 E 287.57 FEET; THENCE S 810 31' 00" E 259.51 FEET; THENCE N 700 01' 45" E8$.60 FEET; THENCE N 440 48' 07" E 57.28 FEET; TIIENCE N 30 io I 11 II t ' 81.10 FEET; THENCE N 74° 09" 40 11 E 78.16 FE'ET; 'mENCE S 310 53' 39" E 259.39 FEET; TIIENCE S 56° 53' 25" E '2'04.17 FEET'; THENCE N 890 29' 26" W 1'004.00 FEET TO 'I$E,porNT,OFB.EGINNING. " EXHIB,IT D Page 2 of 4 " " :., ,,: \. .. 4. J '-~ ... ,.. 3-26-86 84-8019 . LEGAL DESCR-I PTI ON PARCEL 110 11 -WETLANDS TIIAT PORTION OF LOT 3 OF .. CARLSBAD TRACT 82-18, .MAP NO. 11290, IN THE CITY OF CARLSBAD, COUNTY OF sAN DIEGO, STATE OF CALiFORNIA, FILED IN THE OFFICE OF THE CQiJNTY RECORDER OF SAN DIEGO COUNTY JULY 16, 1985, MORE PARTICULARLY PESCRIBEDAS FOLLOWS: BEGINNING AT THE-NORTIIWESTCORNER OF sAID LOT 3;B£IN(; A POINT ON THE EASTERLY LINE OF CARLSBAD BOULEVARD; 'PITNCE SOUTIIERL Y ALONG SAID EASTERLY LINE S 170. 30 t 57" E 236.68 FEET .. TO 'I'HE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE N 780 10' 33" E 151.25 fEET; TIIENCE N 81° 32' 17" E 186.8~ F.EET TO THE BEGINNING OF A TANGENT 27.00-FOOT RADIUS_CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID 27 .00-fooT RADIUS CURVE 44.06 FEET THROUGH A CENTRAL ANGLE OF 9.30 30 ,-06"; THENCE N 180 42' 07" W 30.06 fEET; THENCt N 370 11' 31" W·173.75~FEET; THENCE N 350 17 t 49" W 144.08 FEET; THENCE N 23.0 ' 20 t 08" W 88.76 FEET; THENCE N 23° 47' 40" E 59.4-7 FEET; TIIENCE N" 590 20' 16" E 67.28 FEET; TIiENCE N 659 44~ 36" 'E 1~4.71 FEET; THENCE N 730 21' 23" E 107.39 FEET TO A POINT ON THE WEST~LY BOUNDARY LINE OF THE RIGlIT-OF-WAY OF THE ATCHISON, tOPEKA-AND SANTA FE RAILROAD COMPANY (COAST LINE); -THE1:iCE SOUUfERLY ALONG SAID WESTERLY BOUNDARY LINE AND ALONG THE ARC OF A 11,359.20-FOOT RADIUS CURVE CONCAVE WESTERLY A DISTANCE OF 578.20ftET THROUGH A CENTRAL ANGLE OF 2° 54' 59."; TIIENCE S 15° 42' 29" E 125.14 - FEET; TIIENCE S 46° OS' 21" W 20-4.03 fEET; THENCE S 710 53' 21" W 195.12 FEET; THENCE N 74° 32' 39" W 243.94 FEET TO THE SAID EASTERLY LINE OF CARLSBAD BOULEVAR,l); THENCE' NORTIIERLY ALONG SAID EASTERLY LINE N 170 30' 57" -W 19t.40 FEET TO THE TRUE POINT OF BEGINNING. ,- EXHI8.IT 0 Page 3 of 4 :- -: '-- :- '.: ;. '.; ~}-~------~------~--~--~ BATlt;UITOS LAGOON TA6ULATED PArA' ~.:d~ tJEA~N(J, I?AO/~', (£t\fJ.7H :($til~"7'W' -t.7, "~'_, (l ,4(;'fA'(1·W ---24:~ '4' 3' ~'~" .. H' - . 179.78' . ~ I~ "/1'1'''' W tt7.f~ I. S J7'1I~ 'f'E' -, -' fl'. 7" , (5 IV( -c 'It,.! __ tt'8. " " , (Q) N',., ~'''E -(;<1.' ~O' 4 ~~ V Jr-'1'11" W -~4.17~ ~ ) Jr 1'()()7 --_ (;1'.~' ~~ '(4'1'~~'/~·W ,-(;4~."'" ~ A ~'~"~w ---104."11" '.f,t"',*t. ~'" r ---.~1'»" m ~ t'i ''J'fO r -71.14 " 'lJ'~"j '0'11' --.4I.M' ~ 1$_44~ ~'W: r, ~. -" '~l~ ~ n'{.'I; ,-j ---~,j;g_~ "'4 ,., 'T r' '---l~f."{, . '(; .0;} , •. :""-, ~47..67' , f-< ~ ., tt;'MtO,,' f~aQO' ~ "~'#.2f' f!i..€ -fll94JJf)'. it ~ 71,1'tt'l'-W -' ., to? "' ~ I '~'~'.f." -' 1.l4.Z/' , ~ $W2tYM·W ---(;7. t4' , ~ETLAN05 EXHlBi T A _..t! i " < -• - 2?-4 '8' . :;; . EXHIBIT E 3''''26-86 .84-8019 . LEGAL DESCRIPTION . ·pARCEL "C" -LAGOON 'BLUFFS THAT PORTION OF LOT 3 OF PARCEL MAP 13653, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,' FI~ED IN 'I11E. OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 31, 1985, MORE PARTICULARLY DESCRIBED AS FOLLOWS:.' . BEGINNING AT THE SOUTIIWEST CORNER OF SAID LOT 3, BEING A POINT oN THE EASTERLY BOUNDARY LINE OF THE RIGHT~OF~WAY OE THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY (COAST LINE) AND THE BEGINNING OF A 11,559.20-fOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 160.00' FEET THROuGH: A CENTRAL ANGLE OF 0° 47' 35" TO 'l'Hi TRUE POINT OF BEGINNING; . THENCE CONTINUING NORTHERLY ALONG THE ARC OF SAID 11,.559. 20-FOOT RADIUS CURVE 74.58 FEET TIIROUGH A CENTRAL ANGLE OF 00 22' 11 I'; THENCE LEAVING SAID EASTERLY BOUNDARY LINt N Gl9 1.5' 33" E 153.60 FEET; THENCE S 88° 57' 36" E 455.02 FEET; THENCE N 90 55" 22" W 479.30 FEET; THENCE N 3° 52' 21"E· ·369.52 FEET; THENCE S 43° 14' 35" E 226 .:65 FEET; THENCE S23° 05' ,49"E 520.89 FEET; THENCE S .13° 54' 59" E 166.46 FEET; THENCE S 250 25.' 41" E 206.37 FEET; THENCE S 63°· f6' 29" E 57.86 FEET; TH:ENCE N 1° 54' 28" E 253.90 FEET; THENCE N. 45° :04' . 30" E 429.38 FEET; TIIENCE N 13° 59' 59" E 41.1.21 FEET; THENCE N 470 31 1 11" E' 108.84 FEET; THENCE S 10 36' '13" E 324·.2,0 FEET; THENCE S 24° 45' 37'~ W 297.95 FEET; TIIENCE S 460 00' 17'0 W . 245.38 FEET; THENCE S 2'6 0 55' 55" W 179.78 FEET; THENCE· S $ ° 21' IS" W 227.13 FEET; THENCE.N 89° 29' 26" W 80.00 FEET; THENCE N 5.60 53' 25" W 204.11 FEET; THENCE N310 53' 39" W '259.39 FEET; 'I11ENCE S 74° 09' 40" W 78.16 FEET; TIiENCE S 30 20' 11" W 81.10 FEET; 11{ENCE S44° 48' 07" W 57.28 -FEET; '!RENCE S 700 01' 45" W 88.60 FEE'T; T'AENCE N· 81° 31' 00" W 2'59.51 FEET; THENCE S 82° 50' 46" W 287.57 FEET TO ':r1r! TRUE POINT OF BEGINNING. j'" Page 1 of 3 .:- LEGAL DESCRIPTION PARCEL "E"-:-LAG{)ON BLUFFS 3-26-86- 84-8019 THAT PORTION OF LOT 3 OF CARLSBAD TRACT 82-18, MA;P. NO •. 11290, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATEOFCAL~fORNIA, FILED IN THE OFFICE' OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 16" 1985 MORE· PARTICULARLY DESCRIBED AS FOLLOWS:' BEGINNING AT THE NORTHWEST CORNER OF .SAID LOT 3, BEING A POINT ON THE EASTERLY LINE OF CARLSBAD BOULEVARD,; TIIENC~ 'LEAVING sAID EASTERLY LINE N 620 45' 52" E 114.82 FEET; THENCE N 7 0 55' 44" E 150.47 FEET; THENCE N 50 ,23' 25" W'149.12 F.EET; THENCE N 700 51' 17'" E 379.26 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF THE RIGHT-OF~WAY OF THE ATCHISON~ TOPEKA AND SANTA FE RAILROAD CQ~ANY (COAST LINE): THENCE SOUTHERLY ALONG SAID . WESTERLY BOUNDARY LINE AND ALONG 'ntE ARC OF All, 359 .• ,20-FOOT RADIUS CURVE CONCAVE WESTERLY A DISTANCE OF 76 . 76· FEEl' THROUGH A CENTRAL ANGLE OF bO 23' 14"; THENCE LEAVING $AID WESTERLY BOUNDARY LINE S 730 21' 23" W 107.39 FEET; 'I'HENCE S 650 44,' 36" W 124 .. 71. FEET; THENCE S 590 ·iO' 16" W 67. 2'~ FEET; THENCE S 230 47' 40" W 59.47. FEET; THENCE S 2,30 20'-08" E88.76 FEET; THENCE S ,35 0 17' 49"E 144.08 FEET; THENCE S' 370 11' '31" E 173.75 FEET; THENCE S 180 42' 07",E 30.06 FEET TO THE BEGINNING OF A NON-TANGENT 27.00-FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE soUTHERLY ALONG THE ARC OF SAID 27,.OO-FOOT RADIUS CURVE 44 !06 FEET THROl1GH A CENTRAL ANGLE OF 930 30' 00"; . THENCE TANGENT TO SAID i7-FOOT RADIUS CURvE S 810 32' 17" W 186.83 FEET; THENCE S 780 10' 33" W 151.25 ,FEET TO A POINT ON SAID EASTERLY LINE OF CARLS BAD BOULEVARD; THENCE NOR'ffiERt. Y ALONG SAl D EASTERLY LINE N 170 30' 57" N 236.68 E'EET TO THE, POINT Of BEGINNING. EXHIBIT E Page 2 qf 3 ' -: .. --. .2250 LtI.l4. TA·eU£ATED PATA. v N ~, 'ww -t~.l .. ' ").N !' I'WW . . '2 LtW' UI'iN'qrw '..--67. tl' lZ ,,~~ ~·'t' ~W -l6'J.Sr (f IKr. ": ~:lZ'W - . #fl".~' 'J 154: rj .~ E. -t~, '.' Page 3· of. 3 ·Lo-.r.:I U"tn' ~'V -lIt. 71' II 7~· '~'~ " -I5aO '/5£D. ~-tf~ IE: 1Z~18~'"65 . ;. EXHIBIT F Recording Requested by and When Recorded Mail To~ California Coastal Commission 631 Howard Street, 4th Floor San Francisco, California 94105 Attention: Legal Department CERTIFICATE OF ACCEPTANCE OFFER OF DEDIGATION OF FEE TITLE This is to certify that accepts the Offer to Dedicate Fee ~itle"exe6uted by hereby on , 1986 and recorded on --------~----~~--~ , 198-6 in Boo.k ------------------____ --,-__ , Page __ ". of the" Official Records· in the Office of the Recorder of San Di~go County. Dated By ----~~---~~-----~-----~-- For _______ ~ _____ ~ __ ~---------- STATE OF CALIFORNIA ) ) ss .. COUNTY OF ) On , 1986, before the undersig"ned, a Notary Public in and for the said State, persbn~lly appeared "' known to me ior proved to ------------------------~~-----~ me on the basis of satisf-actQry evidence) to be the of the who executed the within instrument and acknowledged to me that he I": executed the same. WITNESS my hanq and official seal. Notary public iri ahd £or said C6uhty:and ~tate Page"J; of 2 ".- ,-~ c. .... _---. 'fl ~ .. 2252· ACKNOWLEDGEMENT BY CAL;I:FORNIA COASTAL COMMISSION --'~~,~ <t ': ,.;~ .~' .• \ : ,- This is to certify that public agency/private '~ssociation a66eptable,tb ~h~ EXe6Utive is q. Director of the California Coastal Commission to be Grantee under the above described Offer to Dedicate. Date STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On SSe E~ecutive Dire~tor California· Coa,stal COmInission befpre the undersigned, a Notary Public in and for said State, personally appear.ed known to me (or proved tp me on the basis of satisfactory evidence) to be, th~ Executive Director of the California Coastal Commission, who executed the within instrument on behalf of said Commission and acknowl'edged to me that such Commission executed the same. Witness my hand and official seal. Notary Public il} and for said C9unty and State Page 2 of 2 :: =: ',' " .. ~.', ~ ~" . . , .1\.., ·wr .... ··t , ~ r DATE: TO: FROM: January 5, ~989 Risk Manager Municipal projects Manager SUBJECT: certificate of Insurance for Consultant Attached for your review and f~les is the certificate of Insurance for Right-of-Way Engineering Services, Incorporated who will be doing right-of-way engineering work fOr the City of Carlsbad for the Batiqui tos Lagoon Enhancement l?roj~ect. fl}/-t(/ JOHW''/CAHILL MUNICIPAL PROJECTS MANAGER JJC:tlg ~: Gary Wayne, Principal Planner ."~ ~ TRUCK INSURANCE EXCHANGE INTERIM CERTIFICATE AS TO EVIDENCE OF INSURANCE THIS IS NOT AN INSURANCE POLICY. THIS IS ONLY A VERIFICATION OF INSURANCE. IT DOES NOT IN ANY WAY AMEND. EXTEND OR ALTER THE COVERAGE PROVIDED BY THE POLICIES LISTED BELOW. ' Named Insured • Address • RIGHT-OF-HAY ENGINEERING SERlICE INS. 2103 EL CAi{INO RE.AL #204 OCEANSIDE, CA. 92054' This is to certify that policies for the above named insured are in force as follows: 1487 is 76 99 65 330 Policy,#, GEm. Liab. Agent Policy # ' Auto [jab. Policy # ' CARGO Policy # ' Work Compo This Interim Certificate As To Evidence of Insurance shall.expire sixty days .from . 12:01 AM., NOVEHBER 15 , 1 ~8 ,unless cancelled prior to·s~ch date by written notice to the named insured. 0'" Please issue a Permanent 'Certificate COVERAGE COMBINED LIMITS bj: LIAB!.lITY COVERED NOT AUTO COVERED LIABILITY 0 I}g Owned Bodily Injury $ ,000 each p'ers6n 0 I[] Hired $ ,OOO,each occurrence [] 0 Non-Owned Property Damage $ ,000 each occurrence 0 rfJ Employer's Non-Ownership Contingent Liability - Single Limit Liability for Coverages checked fXI above .$ 500 ,000 each oc~urrence GENERAL LIABILITY $ M&C -OLT Bodily .Injury ,000 each person •• { Owne" & Cont'""o" $ ,000 each occurrence KJ 0 Contractual. $ 000 annual aggregate Elevators . $ , products' ___ Property Damage ,000 each occurrence KJ 0 Products and / or $ 000 annual agwegate Completed Operations ' products ___ Single Limit 'Liability for Coverages checked fXI above 500 ' , , --,', $ ,o~~ each occurrence $ 5uu '000 annual aggregate , ,products * _ * 0 0 CARGO $ ,000 each vehicle $ ,900 em:hoccurrence 0 0 WORKERS' Statutory COMPENSATION . . .. * Includes Goods or Products Warranty, Wntten Lease of Premises, 'Easement Agreement, MunlCtpal Ordinance Agreement, Sidetrack Agreement, Elevator or Escalator Maintengnce Agreement only, unless accompanied by specific endorsement providing additional Contractual Coverage., O 'Oescr.bed 0 Description I below waIved OWNED , YEAR. MAKE. TYPE OF BODY. LOAD CAPACITY AUTO-J MOBILES, <) IF COVERED IDENTIFICATION ·NUMBER LAST 3 . DIGITS SHOWN ___________ Umbrella Liability POLICY NUMBER $ ___ -'-_,000 retained limit $ each occurrence $ aggregate If this Interim Certificate As To Evidence Of Insurance is to be ~ancelle.d prior to ,theexpira.tion date, we shall provide _-.;;;2;".;.0 ___ days advance notice in writing to whom this certificate is issued .. Certificate issued to: Name And Address CITY OF LOS ANGELES & CITY OF C}\H.LSBAD 1200 ELH AV.l.i:. CARLSBAD, CA. 92008 •• Not Applicoble in Texas. /,AX--.:,:'· Countersigned '""7'~~'-4-7~:",t:/~ '--:,":-:, __ ~ _____ -:--_ Authorized Representative * * * In Texas the aggregate also applies to owners and contractors protective.' conlractual and/or comple.ted operatio~s. 56·0514 3·88 11201 W/200 C/1200 PRINTED IN U.S.A ® M INSURED'S COPY ~ , BATIQUITOS LAGO'ON'{ ENHAN CEMENTPR'OJE CT CH.2MHILL PROJt:CT N22723._ ~ TRANSMITTAL 0 FAX' TO: VINS§. BIONDO' ~Y WAYNE A TT ACHMENTS: FROM: I .II! .IAN KAWAS,o,KI-¥ DA TE:·. MARCH 2.4, .1988 SU BJE CT: ......... _-,--________ ....--_"'---_ o LETTER D MEMO D NOTES D INPORMATION o DRAWINGS [] OTHER_. ________ ~~~~~~~------------~~-------- COPIES TO: o LILLIAN KAWASAKI. PROJ MGR. CITY OF CARLSBAD o CITY MANAGER' o JOHN CAHILL o GARY WAYNE o LLOYD HUBBS o SANDRA SCHMIDT o CITY COUNCIL VIA CITY MGR 0 _______ -- o LEAC [X! VERN HALL. POLA CH2M HILL OTHERS o JIM ROSS/LAO. o WYNNLE~ CRISP /CVO o JOE SCOTT/SEA o KEN ICEMAN /RDO .0 _____ --..,... TEKMARINE o DAVID DYKSTRA o CHOULE SONU - MICHAEL BRANDMAN ASSOC. o RAY DEWIT o LEE JONES REMARKS: .. ATIA.eKED PLEASE FIND THE FOLLOWI:NG: 1. COMMENTS ON THE CARLSBAD-CH2mHILL CONTRACT. THESE 'COMMENTS ARE VERY MINOR. 2.· DRAFT COPY pF THE CITY OF LA AND. CARLsBAD REIMBURSEMENT AGREEMENT THAT HAS BEEN PREPARED BY RAY BENDER. PLEASE NOTE THE ATTACHED BUDGET. RAY BENDER.WILL BE.OUT OF THE OFFICE ON FRIDAY MARCH 25 BUT WILL BE IN ALL NEXT WEEK. PLEASE PROVIDE YOllR COMMENTS TO MF BY FRIDAY TE poSSIBI F, SO THAT r CM-J. crRCIIL,ATE THIS FOg gE'lle:l~_ DRAFT O~~LY REIMBURSEMENT·AGREEMENT (HARBOR DEPARTMENT AGREEMENT NO. 1419-1 CARLSBAD RESOLUTION NO •• ~::!)~ REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY OF LOS ANGELES FOR THE PREPARATION OF AN EIR/EIS AND CERTAIN OTHER CONSULTANT STUDIES FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT THIS AGREEMENT is made this ____ ~~__ day of ___________ , 1988, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CARLSBAD, and the CITY of Los Angeles acting by and through the Board of Harbor Commissioners hereinafter referred to as BOARD. RECITALS WHEREAS, BOARD and CARLSBAD are pursuing a project identified as the enhancement of Batiquitos Lagoon ("Batiquitos Project"), which is located within the jurisdiction of CARLSBAD as mitigation for Los Angeles harbor fills and CARLSBAD intends to retain various consultants to study the project; - 1 WHEREAS, CARLSBAD has already entered into the first of the necessary agreements for the Project by retaining the services of CH2M Hill for preliminary project engineering; and WHEREAS, BOARD has already agreed to reimburse CARLSBAD for the cost of the engineering design services of CH2M Hill pursuant to Board Agreement No. 1419 (City of Carlsbad Resolution Nos. 9028 and 9101)"; and WHEREAS, to proceed with the Batiquitos Project it is now necessary for CARLSBAD to retain the services of CH2M Hill to assist in the preparation of an EIR/EIS and to perform related technical studies; and WHEREAS, to proceed with the Batiquitos Project it is also necessary for CARLSBAD to retain consu,l tants to perform certain additional expert s.ervices as described below; and WHEREAS, BOARD and CARLSBAD are parties to an Agreement ("MOA") with various federal and state agencies which establishes certain procedures and responsibilities for design, construction and maintenance of the Batiquitos Project ,and which requires Pacific & Texas Pipeline & Transportation - 2 company .. ("Pacific Texas") to deposit certain sums with the Coastal Commission to fund the Batiquitos Project; and WHEREAS, Pacific Texas has not yet deposited such funds and BOARD desires to fund the amount necessary to carry out CARLSBAD'S additional studies. NOW, THEREFORE, in consideration' of the covenants and conditions below, it is agreed as follows: 1. Carlsbad's Retention of Consultant. CARLSBAD will engage the firm of CH2M Hill hereinafter referred to as CONSULTANT to perform all the services necessary to complete an EIR/EIS for the Batiquitos Project as described more specifically in Agreement No. between the City of Carlsbad and CH2M Hill (Exhibit J), 2. Retention of Additional Consultants to Perform Additional Expert Services. CARLSBAD and Board (the "parties") agree that to expedite completion of the Batiquitos project, CARLSBAD will need to hire additional conSUltants to perform the expert services described in EXhibit~ Board ·ag+ees to - 3 j;l.. ~~~~ reimburse CARLSBAD for these agditional consultants provided: (1) the consultant selected is agreeable to the Executive Director of City or his designee which shall be given in writing by letter to CARLSBAD when the expert is s~l~cted; (2) the amount of the reimbursement for each consultant selected shall not exceed the amount listed in EXhibit~02~ (which includes a 25% contingenqy factor) without further Board approval; (3) the amount of the reimbursement for the administrative services of CARLSBAD shall not exceed the amount listed in Exhibi~(Which includes a 25% contingency factor) ~. without further Board approva~. 3. Board's Reimbursement for services of CH2M .Hill's Preparation of EIR/EIS. BOARD shall pay to CARLSBAD the actual cost of CH2M Hill'S services provided these costs shall not exceed six Hundred Twenty Thousand Two Hundred Ninety-one Dollars ($620,291.00) (including ~ ten percent (10%) contingency factor) without prior written approval of BOARD plus actual CARLSBAD administrative costs associated with this consultant's agreement, as indicated in Exhibi ~~~ CH2M Hill's costs shall be based on the compensation provisions of the CARLSBAD CH2M Hill EIR/EIS agreement (CARLSBAD Agreement No. ~. Board shall reimburse CARLSBAD as CONSULTANTS complete and bill for work performed. The invoices of CH2M Hill and all additional consul tants retained by CARLS.BAD a,s authorized by this agreement shall be forwarded monthly to BOARD for direct payment to CONStJLTANT by BOARD in a timely manner. Monthly invoices for actual CITY administrative costs, shall be paid by BOARD in a like manner. Said invoices shall be fully documented by CITY. 4. Consultants Are. Independent Contrac~or. It is understood that CH2M Hill and additional CONSULTANTS shall be independent contractors of CARLSBAD. 5. project Manager. In accordance with Exhibit Bof the MOA, It is understood that BOARD is prepared to provide CARLSBAD with a project Manager to assist CARLSBAD in carrying out the consulting work necessary to properly assess the Batiquitos Project. The Project Manager shall report to and take - 5 direction from CARLSBAD, through the CARLSBAD Manager or his designee, provided however, that CARLSBAD agrees that it will at all times consult with BOARD if BOARD expresses any concerns regarding the Project ~nd will implement all requests of BOARD unless it expressly finds such requests are unreasonable. The Project Manager shall comply with all laws, rules and policies'of CARLSBAD and may be removed by BOARD or the CARLSBAD, after consultation with BOARD, if his/her performance is in any respect unsatisfactory. The Project Manager shall be provided appropriate office space and facilities, if available, (phone, copier, files, etc.) by CARLSBAD. 6. Reimbursement o,f Board from Coastal Commission Escrow Account. The parties agree that BOARD is advancing funds for the Consultant services identified in this Agreement to carry out the work authorized by the above referenced MOU. The parties agree tha't the monies advanced by Board are those which are funded by section 5 and 9 of the Batiquitos MOU and further agree that BOARD shall be reimbursed for the actual amount of its payments to CONSULTANT and CARLSBAD from the Escrow Account -6 established under the terms of the MOA, ~pon written request by BOARD. BOARD shall have th~ right to terminate the work of CONSULTANT at anytime for any reason as long as BOARD reimburses the CONSULTANT and CARLSBAD for costs incurred to date. Such termination shall be accomplished by BOARD providing CARLSBAD a written notice and CARLSBAD terminating the CONSULTANT'S Agreement as provided in that Agreement. 7. Proprietary Information. The work product of CH2M Hill and additional CONSULTANTS retained by CARLSBAD (collectively "Consultants") shall be owned jointly by CARLSBAD and BOARD and shall not be released to any other party without the consent of both CARLSBAD and BOARD. CARLSBAD and BOARD agree that the plans developed by CONSULTANTS are proprietary information which have an economic value to a person restoring the lagoon. If for any reason BOARD does not proceed with the project, it agrees that CARLSBAD may use the plans developed by CONSULTANT to itself restore the lagoon. CARLSBAD agrees that if any other person wishes to restore the lagoon and use such plans, that BOARD shall be entitled to be - 7 reimbursed fro~ such person the value of the Consultant's plans and reports to the extent BOARD funds have paid for the work of the CONSULTANT. IN WITNESS WHEREOF, the.parties hereto have executed this agreement on the day and year first above written. APPROVED AS TO FORM: CITY OF CARLSBAD, a Municipal corporation of the State of California By CLAUDE A. LEWIS, Mayor Attest ALETHA :.RAUTENKRAN'Z city -Cl-erk CITY OF LOS ANGELES, a Municipal Corporation of the State of Califol;nia By EZUNIAL BURTS, Executive Director for Board of Harbor Commissioners _____________________ , 1988 _____________________ , City Attorney By __ ~~~~~~~~~~ __ RONALD BALL, Assistant - 8 APPROVED AS TO FORM ______ =-____ =-__ ~~, 1988 JAMES K. HAHN, city Attorney By __ ~~~~~~~~~~~ RAYMOND P. BENDER, Assistant RPB:au· 03/24/88 st: BAT-REIM.AGT - 9 , /. 1, ; AGREEMENT FOR THE PREPARATION OF THE ENVIRONMENTAL IMPACT REPORT/ ENVIRONMENTAL IMPACT STATEMENT AND RELATED TECHNICAL STUDIES FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT EXHIBIT 1 THIS AGREEMENT, made and entered into as of the ____ _ day of __________________ , 19 __ , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "CITY. II and CH2M HILL, hereinafter referred to as IICONSULTANT.II RECITALS CITY requires the services of CH2M HILL to provide the necessary services for preparation of the Environmental Impact . ~~l Report (EIR}/Environmental Impact. Statement A for the Batiqui tos 'Lagoon Enhancement Project; and CONSULTANT possesses the necessary skills and qualifications to provide the services required by CITY; and CONSULTANT shall be an independent contractor to the CITY; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CITY and CONSULTANT agree as follows: 1. CONSULTANT'S OBLIGATIONS The CONSULTANT shall: A. Conduct the necessary tasks including related technical stUdies required to prepare the EIR/EIS for the ,. Batiqui tos Lagoon Enhancement Proj ect as depicted in the attached Exhibit A -Batiquitos Lagoon Enhancement Project. Said tasks are identified in the scope 9f work dated, a copy of which is attached (Exhibit B Scope of Work) and incorporated by reference herein. B. Attend such meetings of public and private groups as may be required in conjunction with the preparation and approval of the EIR/EIS and which are' specified in Exhibit B "Scope of Work." C. Provide all personal transportation during the course of this agreement. D. Hold harmless all land owners granting permission for CONSULTANT to enter .and conduct the required studies as identified in the ''.Scope of Work" from Liabilities arising from the negligence of CONSULTANT. E. Perform all functions, responsibilities and requirements to accomplish the preparation of the EIR/EIS for the Batiqui tos Lagoon Enhancement Proj ect as specified in the "Scope of Work" Exh,ibit B herein above referred. 2. CITY OBLIGATION Under the general direction of the City Manager and subject to the provisions of this agreement, CITY shall: -2- A. Make available to the CONSULTANT its records, reports and other documents· d~emed necessary to prop~rly perform the services required by the CIT~. B. Obtain all required permits, with CONSULTANT'S assistance, to allow the consultant to perform the tasks identified in the "Scope of Work." C. Obtain permission from property owners to allow the CONSULTANT to both enter the private property and to -perform the tasks identified in the "Scope of 'Work." D. Review materials submitted ~y CONSULTANT in" a timely manner so that the CONSULTANT can adhere to the time schedule contained in the "Scope of Work" -Exhibit B. E. Announce, advertise, conduct and record all public meetings and hearings, with CONSULTANT t S assistance, related to the completion of this agreement~ F. Provide a Proj ect Manager who shall act on behalf of the City in the execution of this agreement. 3." PROGRESS AND COMPLETION The work under this Contract will begin within ten (10) days after receipt of written notification to proceed by CITY and be completed within days of the date or more specifically according to the schedule set forth in Exhibit C ... "Schedule." Extensions of time may be granted if requested by CONSULTANT and agreed to in writing by the City Manager. In consideration of such requests, the City Manager will give allowance for documented and substantiated unforeseeable and unavoidable delays -3- not caused by a lack of foresight on the part of the CONSULTANT, or delays caused by CITY inaction or other agencies I lack of timely action. 4. FEES TO BE PAID TO CONSULTANT The lump sum fee payable acc to Paragraph 5, "Payment of Fees", shall ----_._. ---- (~~_ 717 QO~O other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7, "Changes in Work". 5. PAYMENT OF FEES Payment of fees shall be in accqrdance with the fees by task set forth in Exhibit D -"Cost Estimate Summary: Scope Cost • " Payments shall be paid in the course of City business following delivery of invoices provided, however, that no ~ees shall be paid until the invoices have been verified and approved by CITY. CONSULTANT may submit invoices monthly that represent the value of work completed to date, minus any prior payments made. Payment of any invoices pursuant to this section shall not consti tute a waiver by CITY of any breach of any part of this e.1/-q -shall /wId back-10 % ({)j-/7tJl.J~-1/?eu.ct fu:..- agreement. luth 'j fa IL/£t6 It as bun cern fiw-j,y Ct· h.J tt.'1..d... 6. FINAL SUBMISSION CJ~ ~;-Vzjtlf..f£/L5. within . ( ) ~ays of completion and approval of the.~ nlla4 CC/'W/ ('0 tmun/Q;! ..t:lnfttd-P-e;//lJ-ltn VI ~/Yll107m I -,ZinpaC/-S /f"i/r /1t 0. check document", ~EIR/FEIS), CONSULTANT shall deliver to CITY one ~ camera-ready FEIR/FEIS and one· copy in accordance with the referenced "Scope of Work." -4- 7 • CHANGES IN WORK If, in the course of this Contract and design, changes seem merite~ by the CONSULTANT or the CITY, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the CONSULTANT or the CITY may request a change in Contract. Suc!l changes shall be processed by the CITY in the following manner: A letter outlining the desired changes shall be forwarded to the City Manager or CONSULTANT to inform them of the proposed changes along with a statement of estimated changes in charges or time· schedule. After reaching mutual agreement on the proposal, a supplemental agreement or change order shall be prepared by the CITY and approved by the City Council. CONSULTANT I S compenS!ation fqr said change ord~r shall be determined based on the fee schedules contained in the attached Exhibit E -"Consultant Fee Schedule" or as updated in accordance with year end salary adjustments. 8. COVENANTS AGAINST CONTINGENT FEES The CONSULTANT warrants that its firm has not employed or retained any company or person, other than a bonafide employee working for the CONSULTANT, to solicit or secure this agreement, and that CONSULTANT has not paid or agreed to pay any company or person, other than a bonafide employee" any fee, commission, percentage, brokerage fee, gift, or arty other consideration contingent upon, or resulting from, the award or making this agreement. For breach or violation of this warranty, the CITY shall have the right to annul this agreement price or -5- consideration, or otherwise recover, the full ~mount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 9. NONDISCRIMINATION CLAUSE The CONSULTANT shall comply with the state and Federal Ordinances regarding nondiscrimination. 10. TERMINATION OF CONTRACT In the event of the CONSULTANT'S failpre to prosecute, deliver, or perform the work as provided for in this contract, the CITY may terminate this Contract for nonperformance by notifying the CONSULTANT by certified ~ail of the termination of the Contract. The CONSULTANT, thereupon, has five (5), working days to deliver said documents owned by the City and all work in progress to the City's Planning Director. The City Manager shall make a determination of fact based upon the documents delivered to CITY of the percentage of work which the :CONSULTANT has performed which is usable and of worth to the'CITY in having the contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Contract. 11. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to r~sol ve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Contract, shall be reduced to -6- writing by the principal of the CONSULTANT or the 'City manager. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of re$olution which would be of benefit to both parties. The City Manger or principal receiving the letter shall reply to the letter along with a recommended method ,of resoiution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Mqnager. The city Council may then opt to consider the directed solution to the problem. In such cases, the action of the City council if reasonable shall be binding upon the parties involved, al though nothing in this procedure shall proh,ibi t the parties seeking remedies available to them at law. 12. RESPONSIBILITY OF THE CONSULTANT The CONSULTANT is hired to render pro'fessional services for preparation of an Environmental Impact Report/Environmental Impact Statement for the Batiqui tos Lagoon Enhancement Proj ect and any payments made to CONSULTANT are compensation solely for such services. CONSULTANT shall prepare an Environmental Impact Report/ Environmental Impact Statement for the subject project in accord with the California Environmental Quality Act (CEQA) as implemented by the State Guidelines and by City in Title 19 of the Carlsbad Municipal Code and its implementing resolutions as -7- well as pursuant to the National Environmental Policy Act (NEPA) as amended. 13. SUSPENSION OR TERMIgATION OF SERVICES This agreement may be terminated only by the CITY upon tendering ten (10) days written notice to the CONSPLTANT. In the event of such s~spension or te:pnination" upon requ~st of the CITY, the CONSULTANT shall assemble the work prQguct and put same in order for proper filing and closing and deliver .said product to CITY. In the event of termination, the CONSULTANT shall be paid for work performed to the termination date~, :however, the total shall not exceed the guaranteed total maximum. The CITY shall make the final determination as to the porti'ons of tasks completed and the compensation to be made. 14. STATUS OF THE CONSULTANT , The CONSULTANT shall perfo:pn the services provided for herein in CONSULTANT'S own way as an independent contractor and in ,.pursuit of CONSULTANT'S independent calling, and not as art empioyee of the CITY. CONSULTANT shall be under control of the CITY only as to the result to be accomplished and the 'personnel assigned to the project, but shall consult with the CITY as provided for in the request for proposal. The CONSULTANT is an inqependent contractor to the CITY. The payment made to the' CONSULTANT pursuant to this contract shall be the full and complete compensation to, which tije CONSULTANT is entitled. The CITY shall not make any federal or state tax withholdings on behalf of the CONSULTANT. The -8- CONSULTANT agrees to indemnify the CITY fo?:, any tax, l;'etirement contribution, social security, overtime payment, or worker's compensation payment which the CITY may be required to make on behalf of the C~NSULTANT or any employee of the CONSULTANT for work done under this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The CONSULTANT in consultation witp the CITY has endeavore~ to identify the tasks necessary to . pl;'epare the Environmental Impact Report/Environmental Impact Statement which conforms to all known applicable requirements of law in etfect at the time of execution of this agreement: Federal, State, and local and CONSULTANT will perform ::;aid tasks. CONSULTANT will provide necessary supporting documents, to be filed wi th agencies whose approval is necessary and are reasonably known to. CONSULTANT at the time of "Scope" negotiat~ons .• 16. OWNERSHIP OF DOCUMENTS All raw data, plans, studies, sket.ches, drawings, reports, and specifications as her~in required are the property of the CITY and City of Los Angeles which is providing certain proj ect funding, whether the work for which they are made be executed or not. In the event this Contract is terminated, all raw data, documents" plans, specifications, drawings, reports, and ::?tudies shall be delivered forthwith to the CITY. CONSULTANT shall have the right to make one (1) copy of the plans for his/her records. The CONSULTANT shall not be allowed to publish the results o·f the technical stUdies and Environmental Impact Report/Environmental -9- Impact statement or to sell ~ny ~lata or ;t'!1odels' developed as part of this agreement without the expre$sed written-permission, of the CITY. " 17. RELEASE OF INFORMATION BY CONSULTANT Any reports, information, or other dci:~a, prepared or sembled by the CONSULTANT und~r this agr~ement shall' not be available to any individual or o'rganizationby the' CONSULTANT without the prior written approval of'the CITY. 18. ASSIGNMENT OF CONTRACT The CONSULTANT shall not assign this Contr~ct or any part thereof or any monies due thereunder without the prior written consent of the CITY. 19. SUBCONTRACTING If the CONSULTANT shall subcontract any of the work to be performed under this Contract by the CONSULTANT, consultant shall be fully responsible to the CITY for the negligent performance of all work by CONSULTANT'S subcontractor and of tne persons either directly or indirectly employed by the supcont,ractor, ~s CONSULTANT is for the negligent performance of all work ,by persons directly employed by CONSULTANT. Nothing contained in this Contract shall create any contractual relationship between any subcontractor of CONSULTANT and the CITY. The CONSULTANT shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to CONSULTANT'S work unless ~pecifically noted to the contrary in the subcontract in question approved in writing by the CITY. -10- It is understood that the CONS'UJ:,TANT intends to engage these subconsultants for performance of port~ons of the work: Tekmarine Michael Brandman and Associates Greenwood and Associates MEe, Inc. It is understood that any adq.ition" of or any cl1.ang.e in subconsultants ·must be approved by the CITY in writing prior to the start of any work undertaken by subconsultants not identified above. 20. PROHIBITED INTEREST No official of the CITY who is authorized in such capacity on behalf of the CITY ·to n~gotiate, Eake, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, com?truction or material supply Contractor, or any subcontractol;" in connection wi th the construction of the proj.ect, shall become directly or indirectly interested personally in this contrac;::t or in any part thereof. No officer, employee, architect attorney, engineer, or inspector of or for the CITY who is authorized in such capacity and on behalf of the CITY to exercise any executive, sup~l;'Visory, or other similar functions in connection with the performance of this Contract shall become directly or indirectly ~nterested personally in this Contract or a·ny part thereof. -il- 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with'any officer, agent, or employee of the CITY , either before, du.ring, or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor s~ch verbal agreement or conversation entitle the CONSULTANT to any additional payment whatsoever under the terms of this Contract. 22. EFFECTIVE DATE This agreement shall be effective on and, from the day and year first above written. 24. CONFLICT OF INTEREST The CONSULTANT shall f.i,.le a Conflict of Interest Statement with the, CITY Clerk of the city of CArlsbad in accordance with the requirements of the City of, Carlsbad Confli,ct of Interest Code. 25. HOLD HARMLESS AGREEMENT ' The CONSULTANT retained pursuant to this Agreement shall at all times relieve, indemnify, protect and save harmless (1) the cities of Los Angeles (including its Harbor Department) and CARLSBAD (CITIES) and any ,and all of their boards, officers, agents, consultants and employees from any and all claims and demands, actions, proceedings, losses, liens,costs and judgments of any kind and nature whatsoever, including,expense:;; indu~red in defending against legal actions; for death of or injury to persons or damage to property incl uding property owned. by Q:t' under the care and custody of CITIES and for civil fines and -12';.. penalties, to the extent that they may arise from Or be caused directly or indirectly by-: A. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises which are the subject of this Agreement-of any nature whats'o~ver, to the extent that it exists by reason of any n~gligeilt act, omission, neglect, or any negligent use or oc;cupation of the premises by CONSULTANT, its -officers, agents, employees, subcontractors or ~ubconsultants or consultant. B. Any operation conducted upon or any use or negligent occupation of the pr~ihises by CONSULTANT, its officers, agents, employees, subcontractors or $tibconsultants under or pursuant to the provision of this contract or otherwise; C. Any negligent act, omission or negligence of CONSULTANT, its officers, agents, employees, subcontractors or subconsultants. D. Any failure of CONSULTANT., its officers, agents or employees to comply with any of the t~rms or conditions of this contract or any. 'applicable federal,· state, regional,_ or municipal law, ordinance, rule or regulation; E. The conditions, pegligentoperations, uses, occupations, acts, omissions or negligence, existing or conducted upon or arising from the use or occupation by -1~- CONSULTANT on any other premises wi thin the ci ty of CARLSBAD related to this Agreement. The CONSULTANT also agrees to indemnify CITIES and pay for all damage or loss suffer~d?y CITIES including but not limited to damage to or loss of CI~IES' property to the extent caused by or arising out of the conditions, operations, uses, occupatiofi~, acts, omissions or negligence of the CONSULTANT within the meaning of SUbsections A through E of this Section 24. The CONSULTANT agrees that it will maintain the insurance specified in the contract.· All such insurance shall be written at such limits and with such companies as are acceptable to CITIES and the CONSULTANT shall provide CITIES with proof of said insurance as specified below. 25. WORKERS' COMPENSATION A. The CONSULTANT will be required to secure the payment of compensation .to its employees injured while performing work or labor neces$ary for and incidental to performance under this Agreement in accordance with the provisions of section 3709 of the Labor Code of tqe State of California. B. The CONSULTANT ~hall f~le with GITIES one of the following: 1) a certificate of consent to self-insure issued by the Director of Industrial Relations, STate of california, 2) a certificate of Workers' Compensation insurance issued by an admitted insurer, -14- or 3) an exact copy or Q.up:licate thereof of the policy certified by the director or the insurer. Such documents shall be filed prior. to commencing the work of thi~ Agreement. C. Where the CONSULTANT has employees Who are covered by united States Longshoremen and Harbor Workers' Compensation Aqt coverage l the CONSULTANT must furnish proof of such coverage to. the satisfacti0n. of CITlES. 27. LIABILITY AND PROTECTION AND INDEMNITY INSURANCE A. The CONSULTANT shall furnish. apol.icy.of comprehensive general liaQility insurance witb ehdorsements for contractual liability assumed and automobile liability insurance, in which CITI;ES, thei~ boards, officer~., agents and employees ar'e included as additional insureds with the CONSULTANT to the e~tent of the CONSULTANT'S liabilities assumed hereunder. Such policy shall fully protect and .save harmless the additional insureds from any and all claims for damages for bodily injury, including wrongful death, as well as from claims for property damages, which may a,rise from the negligent operations' ~nder and, iIi connection with this contract, whether sl,lch operations .be by the CONSULTANT or by any subcontractor or subconsultant or anyone directly or indirectly employed by ei ther of them. -15- B. The minimum lim~ts of Liability Insurance shall be .the limits normally car.ried by the CONSULTANT, but no less than $1,000,000 combined single limit for property damage and bodily injury including death (or such other amounts as CITIES ltlay s;pecify). If the submitted policies contain aggregate limits the CONSULTANT shall provide evidence of· instirance p~otection for such limits so that the required coverage is not diminished in the event that th~ aggregate limits become exhausted. Said limit· shall be without deduction, provided that CITIES and their desd.gnee may permit a deductible ,amount when, in their judgment:, it is justified by the financial capacity of the CONSULTANT. C. Nothing herein shall' be construed as limiting in any way the extent to which the CONSULTANT may be held legally responsible for damages to persons or property. D. When the work of this specification requ'ires the use of watercraft, the CONSULTANT must additionally provide protection and indemni ty insurance in the amount of $1,000,000 combined single limit for marine liability. 28. SPECIAL INSURANCE ENDORSEMENT. The special insurance endorsement attached pereto as Exhibit F -"Special Insurance Endorsement," shall be made available to Contractors and CONSULTANTS to satisfy the insurance requirements described above. -.16- 29. PROFESSIONAL LIABILITY INSURANCE CONSULTANT certifies that it now has professional liability insurance in the amount of one million dollars ($1,000,000), that it will take whatever steps; necessary to assure that the work performed under this agreement· will be covered by such policy, and that it will keep'such insur~nce or its equivalent in effect at al times during performance of this agreement and until two years following completion of the work Under this Agreement. 30. INSURANCE DOCUMENTS AND SUBMITTAL A. All required insuranc;:e shall be transmitted to the Proj ect Manager wi thin thirty (30) days of award of cOhtract for approval by CITIES. B. The approval of insurance by CITIES shall be a cond.j.tion precedent to· the right of· the CON$ULTANT to demand or receive payment for the work under the contract requiring such insurance. No request tor payment will be processed until'the required insurance has been approved by CITIES and no Notice to Proceed will be issued until such approval has been given. C. The CONSULTANT shall submit as proof of comprehensive general liability insl,lrancecoverage certificates of insurance endorsed with the special endorsement attached to this exp.ibi t. As proof of profes$ional liability coverage, CONSULTANT shall submit certificates of insurance for the pro£essional liability coverage. All 'certificates shall be -17- submitted in duplicate with original signatures. Facsimile signatures will not be approved~ In addition, ~f at any ti:rne CI.TIES wish' to review the actual .policies, CONSULTANT will, make available these policies provided that CONSULTANT shall be entitled to retain the policies to protect any proprietary terms of such policies.· D. Liability and protection and indemnity policies shall name as additional insureds' the cities of Los Angeles and CARLSBAD, their boards, officers, agents,' and employees, and must contain a noncancellation clause exactly as follows: "It is agreed that the insurance provided herein will not be cancelled or red~ced in amount until the Board of Harbor COminissioners and the City Attorney of the City 6f Los Angeles and the City of CARLSBADapd its City Attorney have been given 30 days notice by certified mail." E. Notwithstanding any other provision of this agreement, CONSULTANT also agrees to name N. B. and W. H. HUnt and their agents as additional insureds to the extent of CONSULTANT'S liability assumed hereunder, to the comprehensive general liability policy. -18- f • IN WITNESS WHEREOF, we have hereunto set our hands and seals. CH2M HILL CITY· OF CARLSBAD By Mayor Title APPROVED AS TO FORM:· ATTESTED: City Attorney city Clerk -19- EXHIBIT B ANTICIPATED CONTRACTUAL SERVICES AND CARLSBAD ADMINISTRATIVE SERVICES TO SUPPORT'BATIQUITOS PROJECT I. CONTRACTUAL SERVICES AGRE~1ENT NO. 2 for Prel iminary Title Searches AGREEMENT NO. 1 for Carl sbad -CH2r~ Hill for EIR/EIS preparation AGREEMENT NO. 3 for Right-of-Way Acquisition Apprai sal Servi ces AGREEMENT NO. 4 for Carlsbad Staff support for EIR/EIS review and processing II. CARLSBAD ADMINISTRATIVE SERVICES A. Staff salaries B •. Supplies .(.reproduction, exhibits mailing) C. Travel (agency review, meetings) $ '35,000.00 25% cd~tigency $ B,750.00 $' 43,750.00 $5'63,901,.00 10% contigenty $ 56,390.10 $620,291.10 $ 50,dOO~00 25%· contigency $ 1-2,500.00 $ 62,500.00 $ 30,000.00 25% contigehcy $7~500.00 $ 37,500.00 $ 30,000.00 $ 10,700.00 $ 5,000.00 $ 51,700.00 25% cQnti gency $ 12,925.00, $ 64,625.00 III. SUMMARY Contractual Servi ces Carlsbad Administrative Services not-to-exceed $764,041~00 $ 64,625.00 nQt-to-exceed $828,666.00 r~-I"' . Rev. BY: XEROJ( .-i~tft.~Op.,.iER 70.1'0 ~~, '4-6-88 '-1 :".44PM ; 213 831 0439 . ~ 24069; l=I :2 {;~'~~ ~ . ~ 04/06/]:"888 ,;~;I 14: 44 PORT OF LA \, 213 831 0439 P • 0~ ':,~,~. '7· . t:" ; BATIQUITOS LAGOON-' 1 ~i,; i " ENHANCEMENT PROJECT .il,\!;/ I} " . CH2M HILL PROJECT N22723. _____ 1 o T.FUft<;;rSMITT AL [JJ FAX (!tIt!) 'I320R-9t;. TO~ qA&)' ~ylJf..I FROM:.b, ~:[ c~~Lt~er+u DATE: ".(-~"f'f .. SUBJECT: ~~ ____ -'-_....---~_ -ATTACHMENTS: o LETTER 0 MEMO 0 NOTES D INFORMATION D DRAWINGS o OTHER· .-"" ----------------------~--------------~----~~ COPIES TO: o LILLIAN KAWASAKI, PROJ MGR. CITY OF CARLSBAD o CITY MANAGER a JOHN CAHILL o GARY WAYNE o LLOYD HUBBS o SANDRA SCHMIDT o CITY COUNCIL VIA CITY MGR o --~~"';""""'_--,-.l ____ _ o LEAC CH2M HILL Cl JIM ROSS/LAO d WYNNLEE C~ISP leva o JOE SCOTT/SEA o KEN ICEMAN/~DD o ' TEKMARINE o DA VlD DYKSTRA CI CHOULE SONU MICHAEL BRAND MAN ASSOC. o VERN HALL, POLA '_ CI RAY DEWIT OTHERS / (9DKE~O S i ..... -" REM ARKS: ~'rl-r~~~-~.........,...~~,......-.-~~--""------"-~~~~-~ : ~ .. ,t i \' ~t.... "-- , : ~ J --~~--~~~ ~- POOR QUALITY ORIGINAL (S) • I RCV BY:XEROA TEL~COPIER 7010 ; 4-6-88 \ 1: 44PI'1 ; 213 831 0439 04/0q/1988 '14:44 PORT OF LA 21:;3 831 0439 ~111!!1!1111~ T.ELECOPY T.RANSMITTAL LETTER Oate: From; / / j '1 / I ' • " ./ I ') //1 , 'I""I:~ ,'" t'....,(" .. t" ... ;" ,'. To: Number of pages to follow: 24069;j:f 1 P.01 Tom Bradll!\' Mayor. City of Lo~ An\lCI~'~ BQard Q£ Harbor Commissioners II Jun Mori. Esq •• Prc&idct,t (ra T. Dim~nfic:ld. Vice Prl:sidl:llt E. 'Gt;t"!!,P,,yr'll'. lL,D. Kobert G. KadCls. Sr, Kcnnc[h E. LOl'd Rh"ft Mlt(;h~lI. g""rl!IU}' ,E2:uniill nUr!! £xt\cutivc Director If all pages have not been received, please call (213) 519-3878. Additional l't\ ( ,-\ \ \ c f \'-\ I • i , i I. ( i \ c /-<. "'--"-.• '----.\ '-..- /, ( /1// 4 / I{~ • I 1 -0',) -;,(. ! I; /. . .,' J_:-:"' ;' ':-"'\ . "~--~~! --' /' I -) ,)<:: "'.-/' // I .~-I, .. .----L (It.. ' J I , i ''---/ ">!5 So. P~lll' V"rd,,~ Stf~el 1'.0,80)( lSI San Pedro. CA 9007.33.1lt91 ZIJI51?-J..oo Telil!C: 1f!:.2387 POL" SPRO An Ailirm"riv~ ACrlDIl/!;qllil Oppol't1lnity EmpIQYI'l" RCV By': XEROX TELECOP I ER 7010 ; 4-6-88 1: 45Pt'1 ; 213 831 0439 24069;j:j: 3 04/06/1988 14:45 PORT OF LA 213 831 0439 P.03 .' BATIQUITOS LAGOON ENHANCEMENT PROJECT CH2M HILL PROJECT N22723._ D TRANSMITTAL GJ FAX (619) 434~1987 TO: ____ ~VI~N_CE __ BI_O~ND~O~~ ________ _ CARLsBAD FROM: LILLIAN' KAWASAKI DA TEi 8!2rjJ 6, 1988 SUBJECT: REVIEW OF THE CITY.,. I CA~tSBAD REIMBURSEMENTCONTRAC~ ATTACHMENTS: o LETTER 0 MEMO' 0 NOTES D INFORMATION 0 DRAWINGS o OTHER- ------------------------------------~~--~--~--COPIES TO: o LILLIAN KAWASAKI. PROJ MGR. CITY OF CARLSBAD o CITY MANAGER o JOHN CAHILL o GARY WAYNE D LLOYD HUBBS o SANDRA SCHMIDT o CITY COUNCIL. VIA CITY MGR o_~ _______ _..,...._~ o L.EAC o VERN HALL. POLA I CH2M HILL OTHERS o JIM ROSS/LAO o WYNNLEE CRISP /CVO o JOE SCOTT/SEA o KEN ICEMAN IROD o _---,-___ ~""'_ TEKMARINE o DAVID DYKSTRA o CHOULE SONU MICHAEL BRANOMAN ASSOC. o RAY DEWIT o LEE JONES , i, . ! REMARKS: ___ :~J_\· ___ ;_\ ~;_. __ ~~~~~~ ______ .~.~~--~/----~---..,....--- ~. I 7 ,- VINCE, ' J If YOU HAVE ANY COMMENTS. I NEEDTK1S REVIEW BY 4:00 TODAY IF POSSIBLE~. I I _ •• l.: ) -',' , i Rev BY: XEROX TELtE~dOFhER 7010 ; 4-6-88 \ : 1:20PM :213 831 0439 ~ 04/06/19 8 14:20 PORT OF LA 213 831 0439 TJLECOP¥ TRANSt1ITTAL LETTER Oa te: From: , I . /' (7/,1 J((l,/ ::~ /-. • , •. ,~ \. .0,;. To: i)) drJ IlL,. Number of pages to follow: -.". " . , 24869.;j:I 1 P.01 Tom Bt;ldl~v Mayor. City of Luti Ang~I~'~ Soard of Harbor CQmmiJiiQnou, Jun Mori. Esq •• Presid('n[ Ira T. Dblcnficld. Vice President E. Grac;I' "~ytw. I.I...D. Robcl t O. R"d(>s. Sr. ~~nrltllh F:, Lord Rhen Mitchell. S!:cr~tllr)' E:wnial Bllrts Executive Director I f all p age s h a V e not be e n r e c e i v e d, p 1 e a sec a 1 1 ( 2 1 3) 519 -3878. / Additional Notes: .... I I •• - . '. ; ~' POtt of Los Anglll". 425 St)_ Palo. Verd<:5 Stre~[ p.O, Box lSI San Pedro, CA 907.lMI51 Tel~Xl 18-2387 ('OlA SPRO An Arnnnariv~ A~fionf~ql,lll Oppotrutllty iiml'loyer --RCV BY:XEROX TELECOPIER7010 ; 4-6-8~ 1:20PM ;213 831 0439 ~ 24069;1=1 2 0.:1/06/1988 14: 21 PORT OF LA 213 B~3,1 04:;39 P.02 BATIQUITOS LAG,QON ENHANCEMENT PROJECT CH2M HILL PROJECT N22723. ~ o TRANSMITTAL [JJ FAX (V/q J L/320K'tft/ TO: qA:: -:VAiN£.) FROM: t, ~:/ CA4~~ DATE: _-----.:.;"f_-.. ...JC~:;....,.···.~fP-=------~ SUBJECT: _____ -~---~~=- ATTACHMENTS: D LETTER D MEMO D NOTES 0 INFORMATION 0 DRAWINGS D OTHER, ------------~----COPIES TO: o LILLIAN KAWASAKI, PROJ MGR. CITY OF CARLSBAD o CITY MANAGER o JOHN CAHILL o GARY WAYNE o LLOYD HUBBS a SANDRA SCHMIOl D CITY COUNCIL VIA CITY MGR o ____ ~--=--------~ o LEAC I:J VERN HALL, POLA CH2M HILL OTHERS o JIM ROSS/LAO q WYNNLEE CRISP Icva o JOE SCOTT /5EA tJ KEN ICEMAN/ROD o~----~--TEKMARINE o DA VJD DYKSTRA o CHOULE SONU MICHAEL 8RANDMAN ASSOC. D RAY -DEWIT o LEE JONES .. . REMARKS: ~ ________________ ~ ____ ~~~! __ ~ __ --__ -~~~--\., -,1 -It REIMBURSEMENT AGREEMENT (HARBOR OEPAR~MENT AGREEMENT NO. 1419-1 CARLSBAD RESOLUTION NO. ) REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY: OF LOS ANGELES FOR THE PREPARATION' OF AN EIR/EIS AND CERTAIN OTHER CONSULTANT STUDIES FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJ~CT THIS AGREEMENT is made this day of __ ~~ __ ~ ______ , 1988, between the CITY OF CARLSBAD, a municipal corporation of the State ot Califo;nia, hereinafte~ referred to as CARLSBAD, ,and the CITY of Los Anqeles acting by and through the Board of Harbor commissioners hereinafter referred to as BOARD. RECITALS WHEREAS, BOARD and CARLSBAD are pursuinq a project identifie~ as the enhancement otBatiqUitos Laqoon (tlBatiquitos projectH-) I which is locate~ within the jurisdiction of CARLSBAD, as mitigation for Los Angeles harbor fills and CARLSBAD in~ends to retain various consultants to study the project; and WHEREAS, CARLSBAP has already entre red into the first of the neeessary agreements for the Project by retaining the services of CH2M Hill for preliminary project engineering; and WHEREAS, BOARD has already aqreeg to reimburse CARLSBAD for the cost of the engineering design services of CH2M Hill pursuant to Board Agreement. No. ,1419 (City of earlsbad Resolution NelS. 9028 an4 9101)1 ahd WHEREAS, to proceed with the Bat1~itos Project it is now necessary for CARLSBAD to retain the servioes of CH2M Hill to asstat in the preparation of an EIR/EIS and to perform related technical studies', and WHEREAS, to proceed with th~ Batiquitos Project it is also necessary for CARLSBAD to retain consultants-to perform certain additional expert services as described below; and - 1 WHEREAS, BOARD and CARLSBAD are parties to an Agreement ("MOA")' with vario.us ;federal and, statE! aqenciE!s which est.blish~s certain procedures and: responsibiliti~fJ 'for desiqn, construction and maintenance of the·$atiq\iitos Project and which requires Pacific &·Texas Pipeline" Transportation company ("Pacific Texas") to deposit certain su~s with the coastal Commission to fund the Batiquitos Project1 and WHEREAS, Pacific Texas has not yet deposited such funds and BOARD. desires to fund the amount neces~ary to carry out CARLSBAD'S addition'al stUdies. . . NOW, THEREFORE, in consi.deration .o·f th~ covenants and conditions below, it is aqreed as follows: 1. carlsbad's Retention of Consultant. CARLSBAD will engage the firm of ~H2M Hill h.r.i~after·ref.rre4 to as CONSULTANT to perform.all the serv1.cesneca,sary to complete an EIR/EI'S for ·the Batiquitoa Project as described more specifically in Agreement Nc. between th. City of Carlsbad· and CIl2M Hill (EXhibit 1) • 2.' Retention of Additional .. Consultant. to. PerfOrm Additional Expert Serviceg. CARLSBAD ~nd SOARD (the "parties") agree tha.t to' expe<.1.i,te ~ompletiQn of th.e Batiquitos Project, CARLSBAD will' need to hire addittonal consultant.s (hereafter "CONSULTANTSi') to perform the expert services described in Exhibit ~. BOARD agrees to reimburse CARLSBAD for these CONSULTANTS provided.: (1) the CONSULTANTS se~ected' are agreeable to the Executive Director of the Los' Angeles Harbor Department or hi.' designee which shall be given in· writing by let:te~ to CARLSBAO when. the CONSULTANTS are seiected; (2). ~he amount of the reimbursement for each CONSULTANT' selected shall hot exceed' the amount li$t'ed in Exhibit 2 (which includes a 25% cont~nqency faotpr) without further BOARD approval.; (3) the a~ount of the reimbursement tor the administrative services of CARLSBAD shall not exceed the amount listed in, Exhibit 2 (whioh includes a 25t continqency factor) without further BOARD apprQval. 3. Board's Reimbursement for Services. of CH2M Hill's PreparJtionof EIR/EIS. SbARDstiall pay to CARLSBAD the actual cost ot CK2M Hill's services provided these costs shall not ex~eed Six Hundred Twenty Thousand Two Hundred Ninety-one OQllars . ($620,291.00) (irteltidinq a ten percent (lot) -.2 contingency factor) without prior written approval of BOARD plus actual CARLSBAD administrative costs associated with this CONSULTANT'S agreement, as indicated in Exhibit 2. CH2H Hill's costs shall be based on the compensation provisions of the CARLsBAD CH2M Hill EIR/EIS agreement (CARLSBAD Agreement No. ------). The invoices of CH2M Hill and all additional CONSULTANTS retained by CARLSBAD as autl'lorized by th~s agreement shall be forwarded. monthly to BOAR])· for direct paymen't to CONSULTANT by aOARD in ~ . timely manner. Monthly invoices for actual CARlSaAD administrative costs, shall be paid ~y BOARD in a like manne'r. Said in'Voices shall be fully documented by CITY. 4 • Consul toots Are Independent contragt·prs,. It is 'understoodthatCH2M Hill and aaditionalCONSOLTANTS shall ,be independent contractors ot CARLSBAD. ' , , 5. Proj@9t Manage);. In accordance with ExhibitB of the MOA., it is understo,od that BOARD is :preparfJd to , provide CARLSaAD with a Project Man~ger' to assist CARLSBAD in carrying out the consultinq wo~k . necessary to properly assess the Batiquitos project. The Project Manager shall report to and ta·ke . direction from CARLSBAD, through the CARLSBAD City Manager Qr his desiqnee, provided however, that CARLSBAO aqrees that it will at all times consult with BOARD if BOARD expresses any concerns regarding the Proj:ect and will implement all requests of llOARD unless it expressly finds such requests are unreasonable. The Project Manager shall comply with all laws, rules and policies of 'CARLSBAD and may be . remo'Ved by BOARD or CAltlSBAD, a,fter. consultation with BOA~D, if his/her performance is in any ~espect unsatisfactory. The PrOj·ect Manager Shall. be provided 'appropriate office space and facilities., if available, (phone, copier, files, etc.) by CARLSBAD. 6. Reimbursement of Board from coastai Commission Escrow Account. The part.1es aqree that SOARD is advancinq funds for the CONSUL~ANTS and CARLSBAD services identified in this Agreement to carry out the work authorized by the above referenced MOA. The parties agree that the monies advanced by SOARD are those which are funded by Section 5 and 9 of the Batiquitos MOA and further understand that BOARD shall be reimbursed for the actual amount of its - 3 -' payments to CONSULTANTS and CARLSBAD from the -Escrow Aocount established under the terms of the 'MOA, upon w~1tten request by BOARD. BOARD shall have the . right to terminate the work of CONSULTANTS at anytime for any reason as long as BOARD reimburses the CONSULTANTS and CARLSBAD for costs incurred to date.' Such termination shall be accomplished by BOARD providinq CARLSBAD a written notice and CARLSBAD terminating the CONSULTANT'S Agreement as provided in that Agreement. 7. Proprietary·tnformation. The work product of CH2M Hill and additional CONSULTANTS r,et-ained by CARLSB~D shall be owned jointly by CAALSBAD and BOARD and shall not be released to any other party without the consent of both CARLSBAD and BOARD. CARLSBAD and BOARD aqree that the plans developed by CONSU·L'l'ANTS are proprietary information which have an economic value to a person restoring t.he lagoon. If tor any reason BOARD does not proceed with the project,.it agrees that CARLSBAD may use the plans developed by CONSULTANTS to itself restore the lagoon. CARLSBAD agrees that if any other person' wishes to restore tl1e lagoon and use such plans, that BOARD shall be entitled to be reimbursed £rom such person the value 0'£ the CONSULTANTS' plat\s and reports to the extent BOARD funds have paid for the work of the CONSULTANTS. I / I I / / / I / /.f I I I I I / I I I / / / / I 1/1 I / / / IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above'written. APPROVED AS TO FORM: 1988 CITY OF CARLSBAD, a MUnicipal Corporation of the State of California By __ ~~~~~~~~ __ ~ __ CLAUDE A. LEWIS, Mayor Attest __ ~~~~~~~~~ __ ALETHA RAUTENKRANZ City Clerk ' CITY OF LO$ ANGELES, a MunJcipal Cotporation of the State of California By __ ~='~~~~~~ __ ~,-__ _ EZUNIAL BURTS, Executive Director for Board of HarbQr commis$loners ________ ~ _________ , city Attorrt~y By __ ~~~ __ ~~ ____ ~ __ RONALD BALL, Assistant APPROVED AS TO FORM ~~~~~~~~~_, 1988 JAMES K. HAHN, City Attorney By ~~~~~~~~ __ ~ __ RAYMOND P. BENDER, Assistant RP8:au 04/06/88 - 5 - TOTAL P.0=-2_~_~_~ .. . ) .. AGREEMENT FOR THE PREPARATION OF THE' ENVIRONMENTAL IMPACT REPORT/ ENVIRONMENTAL IMPACT STATEMENT AND RELATED TECHNICAL STUDIES FOR THE BATIQUITOS LAGOQN ENHANCEMENT PROJECT THIS AGREEMENT, m~de and entered into as of the EXHIBIT 1 day ,of _________ , 19 _, by and betw,een the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "CITY." and CH2M HILL, hereinafter. referred to a:s "CONSULTANT." RECITALS CITY rfaquires the services of CH2M HILL to provide the necessary services for preparation of the EFv\ronmental Impact Report (EIR) /Env ironmental Impact statemetf;ld: the Batiqui tos Lagoon Enhancement Project; and CONSULTANT possesses the necessary skills and qualifica,tions to provide the services required by CITY; and CONSULTANT shall be an independent contractor to the CITY~ NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CITY and CONSULTANT agree as follows: 1. CONSULTANT'S OBLIGATIONS The CONSULTANT shall: A. Conduct the necessary tasks including related technical studies required to prepare the EIR/EIS for the ,- .~, t Batiqui tos Lagoon Enhancement Project as depicted in the attach~d Exhibit A -Batiquitos Lago'on Enl1ancement Project. Said tasks are identified in the scope of work dated , a copy of which is attached (Exhibit B Scope of Work) and incorporated by reference herein. B. Attend such meetings of public and private groups as may be required in conjunction with the preparation and approval of the EIR/EIS . and which are specified in Exhibit B "Scope of Work." C. Provide all personal transportation .during the course of this agreement. D. Hold harmless 'al,l land owners granting permission for CONSULTANT to enter and cOhdUct the required studies as identified in the "Soope of Work" from Liabilitie's' arising from the negligence of CONSULTANT. E. Perform all functions, responsibilit~es and requirements to accomplish. the preparation of the EIR/EIS for the' Batiqui tos Lagoon Enhancement Proj ect as specified in the "Scope of Work" Exhibit B herein above referred. 2. CITY OBLIGATION Under the g.eneral direction of theci tyMan~ger and subject to the provisions of this agreement, CITY Shall: -2- A. Make available to the CONSULTANT its records, reports and other dO.cuments deemed necessa'ry to properly perform the services required by the CITY. B. Obtain all required permits, with CONSULT~NTfS assistance, to all.ow the consul tant to perform the t~sks identified in the "Scope Of Work." C. Obtain permission from property owners to 'allow the CONSULTANT to both enter the private property and to perform the tasks identified in the "Scope of Work. II O. Review materials submi tted by CONSULTANT in a t.imely manner so that the CONSULTANT can adhere· to the time schedule contained in the "Scope of Work" -'Exhibit B. E. Announce,' advertise, conduct and record all public meetings and hearings, with CONSULTANT'S assistance, related to the completion of this agreement. F. Provide a proj ect Jt{anager who shall act on behalf of the City in the execution of this agreement. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of written notification to proceed by CITY and be completed within days of the date or more specifically according to the schedule set forth in Exhibit C -"·Schedule." Extensions of time may be granted if requested by CONSULTAlfT and agreed to in writing by the City Manager·. In consideration of such requests, the City Manager will give ailowance!or documented and SUbstantiated unforeseeable and unavoidable delays. -3- , . ) not caused by a lack of foresight on the part of the CONSULTANT, or delays caused by CITY inaction or -other agencies I lack of timely action. 4. FEES TO BE PAID TO CONSULTANT lump sum fee payable according to Paragraph 5, "Payment of shall be $576,717.00. ~-----~>- No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7, II Changes in Work". 5. PAYMENT OF FEES Payment of fees shall be in accordance with the fees by task set forth in Exhibit D -":Cost _ Estim~te Summary: Scope Cost." Payments shall be paid in the course of City business following delivery of invoices provic:,ied, however, that no fees shall _ be- paid until the invoices have been verified and. approved by CITY. CONSULTANT may submit invoices monthly that represent the value of work completed to date, minus any pri~r payments made. Payment of any invoices pursuant to 'this section shall not consti tute -a waiver by CITY of any breach of any part of tl1is agreement. 6. FINAL SUBMISSION Wi thin ( ) days of cc;>mpl.etion and a~proval of the > check document(3tI~~IS, CONSULTANT shall deliver to CITY one ~ _ era-readY~IR~IS and one copy in accordance with the enced "Scope of Work." , . 7 • CHANGES IN WORK If, in the co.urse of this Contract and design, changes seem merited by the CONSULTANT Qr th~ CITY, and info.rm~l qo.nsultatio.ns;; with the o.ther party indicate that.a chapge in the co.nditio.ns o.f the Co.ntract is warranted, the CONSULTANT o.r the CITY may request a chang~ in Co.ntract. such changes shall be pro.cessed by the CIT~ in the fo.IIo.wing manner: A letter o.utlining the de!ldred changes shall be fo.rwarded to.. the City Manager or CONSULTANT to. info.rm them o.f the pro.Po.sed changes alon:g with a statement o.f estimated changes in charges o.r time schedule. After reaching mutual agreement o.n the pro.Po.sal ,a sUpplemental agreement o.r change o.rder shall be prepared by the CITY and approved by the City Co.uncil. CONSULTANT I S co.mpensatio.n fo.r said change order shall be determined based o.n the fee schedules co.ntained in ~he attached Exhibit E -"Co.nsultant Fee Sqhedule" o.r as updated in acco.rdance with year end salary adjustments. 8. COVENANTS AGAINST CONTINGENT FEES The CONSULTANT warrants that its fit'Ill has no.t e~plo.yed o.r retained any co.mpany o.r perso.n, o.ther than a bo.nafide emplo.y~e wo.rking fo.r the CONSULTANT, to. solicit o.r secure this agreement, and that CONSULTANT has no.t paido.r agreed to. pay any co.mpany o.r perso.n, o..ther than a bo.nafide emplo.yee" any fee, co.mmission, percentage; bro.kerage fee, gift, o.r arty o.ther co.nsideratio.n contingent UPo.n, o.r resulting fro.m., the award. or making this agreement. Fo.r breach o.r vio.latio.n o.f. tnis warranty, the CITY shall have the right to. annul this agreement price o.r -5- · . consideration, or otherwise recover, the, full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 9. NONDISCRIMINATION CLAUSE The CONSULTANT shall comply with the State and Federal Ordinances regarding nondiscrimination. 10. TERMINATION OF CONTRACT In the event of the CONSULTANT'S failure to prosecute, deliver, or perform the work as provided for in this Contract, the CITY may terminate this contract for nQnper;formance by notifying the CONSULTANT by certified mail of tne termination of the Contract. The CONSULTANT, thereupon, has .fiv~· (5) working days to deliver said documents owned by the City anqall work in progress to the City's Planning Director. The City Manager shall make a determination of fact based upon the documents delivered to CITY of the percentage of work which the, CONSULTANT has performed which is usable and of worth to the GITY in, having the Contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Contract. 11. DISPUTES If a dispute should arise rega+-ding the perfQrmance of work under this agreement, the following procedure shall be used to resolve any question of fact or interp;retation. 'not otherwise settled by agreement between parties. such questions" i~ they become identified as a part of a dispute among persons operating , under the provisions of this Contract, snail be r~duced to -6- writing by the principal of the CONSULTANT or the City managet. A copy of such documented dispute shaLl. be forwarded to both parties involved along with recommended methodS of resolution which would be of benefit to. both parties. The City Manger or principal receiving the letter shall reply to the letter along with a recommended method of re~olution within ten (10) days. if the resoluti.on thus obtained is unsatisfactory to the aggrieved party, a le·tter outlining the dispute shall be forwarded to the city Council for their resolution through the Office of the City Manager. The City Council may the~ opt to consider the directed solution to the problem. In such ca:~es, the action of the City Council if reasonable shall pe binding upon the parties involved, al though nothing in this procedure shall prohibi t the parties. seeking remedies available to them at law. 12. RESPONSIBILITY OF THE CONSULTANT The CONSULTANT is hired to render professional service.s for preparation of an Environmental Impact Report/Environmental Impact. Statement for the BatiqUitos Lagoon Enhancement Project and any payments made to. CONSULTANT are compensation s.olely for such services. CONSUL'rANT shall prepare an Environmental Impact Report/ Environmental Impact Statement for the subj ect proj,ect in accord with the Calif.ornia E.nvironmental Quality Act (CEQA) as implemented by the state Guidelines and by· city in Titie 19 of the Carlsbad Municipal Code and its implementing resolutions as -7- well as pursuant 1:;0 the National Environmental Policy Act (NEPA.) as amended. 13. SUSPENSION OR.TERMINATIONOF SERVICES This agree;ment may be terminated only by the CITY upon tendering ten (10) dayS? written notice to the CONSULTANT. In the event of such suspension or termina,tion, upon request Of· t.he CITY, the CONSULTANT shall assemble the work ~roduct and put same in order for proper filing and closing andd~liver said product to CITY. In the event of termination, the CONSULTANT shall be paid for work performed to the termination date; howev~r , the total shall not exceed the guaranteed total maximum. The CJ,:TY shall make the final determination as. to the portions of tasks . completed and the compensation to be made. 14. STATUS OF THE CONSULTANT The CONSULTANT shall perform the services provided for herein in CONSULTANT' S own way as an independent contractor and in pursuit of CONSULTANT' S independentcallipg , and not as an employee of the CITY. CONSULTANT shall be under control of the CITY only as to the result to be accomplished and the personnel assigned to the project, but shall consul t with the CITY as provided for in the request for proposal. The CONSULTANT is an independent contra,ctor to the CITY. The payment made to the CONSULTANT pursuant to this contract shall be the full and complete compensation to which the CONSULTANT is entitled. The CITY shall not make any federal or state tax withholdings on behalf of the CONSULTANT. The -8- CONSULTANT agrees to indemnity the CITY for any ta~, retirement, contribution, soci~lsecurity, overtime payment, or worker's compensation payment which the CITY may be required to make on behalf of the CONSULTANT or any employee of the CONSULTANT for work done under this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The CONSULTANT in consultation with the CITY has endeavored to identify the tasks necessary to prepare the Environmenta!' Impact Report/Environmental Impact St~tement which conforms to all known applicable requirements of law in effect at the time of execution of this agreement: Federal, State, and local and CONSULTANT will perform said tasks. CO~SULTANT wili provide necessary ·supporting documen'ts, to be filed with crgencies whose approval is necessary and are reasonably known to CONSULTANT ~t the t'ime of "Scope" negotiations. 16. OWNERSHIP OF DOCUMENTS All raw data, plans, studies ,sketches, dr~wirtgs, reports I and specifications as herein required a~e the property ·ofthe CITY and ci tyof Los Angeles which is providing. certain project funding, whether the work for which they are made be executed or not. In the event this Contract is terminated, all raw data, documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the CITY. CONSULTANT shall have the right to make one (1) copy of the plans for his/her records. The CONSULTANT shall not be allowed to publish the results of the technical studies and Environmental Impact Report/Environmental -9- Impact statement or to sell any data or models developed as p~rt of this agreement without the expressed writteh permission of the CITY. 17. RELEASE OF INFORMATION BY CONSULTANT Any reports, information or other data, prepared or assembled by the CONSULTANT under -this agreement shall not be made available to any individual or organization by the CONSULTANT without the prior written ~pproval of the CITY._ 18. ASSIGNMENT OF CONTRACT The CONSULTANT shail not assign this Contract or any part_ thereof or any monies due the;reunder without the prior written consent of the CITY. 19. SUBCONTRACTING If the CONSULTANT shall suboontract any of the work to '-be performed under this Contract by the CONSULTANT,consultant shall- be fully responsible to the CITY for the negligent performance of all work by CONSULTANT'S subcontractor and of the persons either_ directly or indirectly employed by the subcontractor, as CONSULTANT is for the negligent performance of all work by persons dir~ctly employed by. CONSULTANT. Nothing contained ih this Contract shall create any contractual relationship betw~en any subcontractor of CONSULTANT and the CITY. The CONSULTANT shall bind every subcontractor and every subcontractor of a subcontractor py the terms of this contract applicable to CONSULTANT'S wor:k unless specifically noted to the contrary in the subcontract in question approved in writing by the CITY. -10- It is understood that the CONSULTANT intends to engage these subconsultants for performance of portions of the work: Tekmarine Michael Brandman and Associates Greenwood and Associates MEC, Inc. It is understood that any addition of or any chan9"e in subconsultants must be approved by the CITY in writing prior to the start of any work undertaken by subconsultantsnot id~ntified above. 20. PROHIBITED INTEREST No official of the CITY who is authorized in such capacity on behalf of the CITY to negotiate, make, accept, or approve, <?r take part in negotiating, making, acceptin~, or approving of any architectural, engineering inspection, construction or matel;"ial supply Contractor, or any subcontractor in . connection with the construction of the project, shall become directly or indirectly interested personaily in this Contract or in any part thereof. No officer, employee, architect atto~ney, engineer, or inspector of or for the CITY who is authorized in such capacity anq on behalf of the CITY to exercise any executive, supervisory, or other similar functions in connection with the performance of this Contract shall become directly or indirectly interested personally in this contract or any part thereof. -11- 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with, any officer, agent, or employee of the CITY, ei ther before, during, or after the execution of this Contract, shall. affect or modify any of th,e terms or obligations herein contained nor such verbal agreement or conversation entitle the CONSULTANT to any additional payment whatsoever under the term$ of this Contract. 22. EFFECTIVE DATE This agreement shall be effective on and front the day and year first above written. 24. CONFLICT OF INTEREST The CONSULTANT shall file a Cohflict of Interest statement with the CITY Clerk of the City of CArlsbad il1 accordance with the requirements of the city of CarlsbapConfl:ict of Interest Code. 25. HOLD HARM·LESS AGREEMENT The CONSULTANT ~etained pursuant to this Agreement shall at all times relieve, indemnify, protect and save hi;lrmless .(1) the cities of Los Angeles (incl~~ihg !ts Harbor Department) and CARLSBAD (CITIES) and any and a~l of their boards, officers; agents, consul tants and employees. from any and all, claims' ana demands, actions, J?roceedings, losses, liens, C()sts and judgments of any kind and nature whatsoever, including expenses incurred in defending against legal actions, for death of or inj ury to persons or damage to property including property owned by or under the care and custody of CITIES and for' oi vii fines and -12- penalties, to the extent that they may arise from Qr be caused directly or indirectly by: A. Any dangerous, hazardous, unsafe or def,ecti ve condition of, in or on the premises which are the subject of this Agreement of any nature whatsoever, to the extent that it exists by reason of any negligent act, omission, neglect, or any negligent use or occupation of the by CONSULTANT, its offioers, agents, subcontraotors Or subconsultant$ or premises employees, consultant. B-. Any operation conducted upon 'or any use or negligent occupation of the premises by CONSULTANT, its officers, agents, employees, subcontractors or subconsultants under or pursuant to the provision of this contract or, otherwise; C. Any negligent act, 6mission CONSULTANT, its officers, subcontractors or subconsultants. or negligence of agents, employees, D. Any failure' of CONSULTANT, its officers, agents 'or employees to comply with any of the terms or conditions of this contract or any applica1;>le federal, st<;\te, regional, or municipal law, ordinance, ru;l.e or regulation; E. The conditions, negl igent ope,rations, uses, occupations, acts, omissions or negligence, existing or conducted upon or arising from the use or occupa.tibn'by -13- , . CONSULTANT on any other premises wi thin the ci ty of CARLSBAD related to this Agreement. The CONSULTANT also agrees to indemnify CITIES and pay for all damage or loss suffered by CITIES including but not limited to damage/to or loss of CITIES' property to the extent caused by or arising out of the conditions, operations, uses, occllpations, acts, omissions or negl igence of the CONSULTANT wi thin the meaning of sUbsections A through E of this section 24. The CONSULTANT agrees that it will maintain the insurance specified in the contract. All such insurance shall be written 'I at such limits and with such comp~nies as are acceptable to CITIES and the CONSULTANT shall provide CITIES with proof of said insurance as specified below. 25. WORKERS' COMPENSATION A. The CONSULTANT will be reqU~red to secure the payment of compensation to its employees injured while performing work or labor necessary for and incidental - to performance under this Agreement in 'accordance with the provisions of Section 3700 o,f the Labor Code of the state of California. B. The CONSULTANT shall file with CITIES one of' the following,: 1) a certificate of consent to self-insure issued by the Director of Industrial Relations, STate of California, 2) a certit'icateof Workers' Compensation insurance issued by an admi tted insurer, -14- or 3) an exact copy or duplicate thereof o~ the policy certified by the director or the insu~er. Such documents shall be filed prior to commencing the work of this Agreement. C. Where the CONSULTANT l1as employees who are covered by United States Long~horemen and Harbor W6r~ers' Compensation Act qoverage, the CONSULTANT must furnish proof of such coverage to the s~tisfaction of CITIES. 27. LIABILITY AND PROTECTION AND INDEMNITY INSURANCE A. The CONSULTANT shall furnish a policy of comprepensive general liability insurance with endorsements for contractual liability· assumed and automobile liability insurance, in which CITIEa, their boards,. officers, agents and employees are included· as additional insureds with the CONSULTANT to the e~tentof the CONSULTANT'S liabilities assumed hereunder. Such policy shall fully protect and save harmless . the additional .insureds from any and all claims for damages for bodily injury, includin~ wrongful death, as well as from claims for property damages, which may arise ·from the negligent operations under .and in connection with this contract, whether such operations be by the CONSULTANT or by any subcontractor or subconsultant or anyone directly or indirectly employed by ei ther of them. B. The minimum limits of Liability Insurance shall be the limits norm~lly carried by the CONSULTANT, but no less than $1,000,000 combined single limit for property damage and bodily injury including death (or'such other amounts as CITIES may specify). If, the s1,lbmitted policies contain aggregate limits the CONSULTANT shall provide evidence of insurance protection for such limits so that the required coverage is not diminished in the event that the aggregate limits become exhausted. Said limit shall be without deduction, provided that CITIES and their designee may permit a deductible amount when, in their judgment, it is justified by the financial capacity of the CONSULTANT •. C. Notbing herein shall be construed as limiting in any way the extent to which the CONSULTANT maY be held legally responsible for damages to persons or property. D. When th'e work of this specification requires the u:;;e of watercraft, the CONSULTANT must additionally provide protection and indemni ty insurance in the amount of $1,000,000 combined single limit fot marine liability. 28. SPECIAL INSURANCE ENDORSEMENT The special insurance endorsement attached hereto as Exhibit F -"Special Insurance Endol;"sement," shall be made available to Contractors and CONSULTANTS to satisfy the insurance requirements described above. -16- 29. PROFESSIONAL LIABILITY INSuRANcE CONSULTANT' certifies that it now has professionql liability insurance in the amount of one million dollars ($1,000,000), that it will take whatever steps necessary to assure that the work performed under this agreement will b,e covered 'by such policy, and that it Will keep such insurance or its equivalent in effect at al times during performance of this agreement and until two years following completion ot the, wQrk under this Agreement. 30. INSURANCE DOCUMENTS AND SUBMITTAL A. All requir~d insurance shall be transntitt:ed to the Project Manager within thirty .( 3 0) days of award of contract for approval by CITIES. B. The approval of insurance by CITIES shall be a condition precedent to the right of the CONSULTANT to demand or receive payment for the work under the contract requiring such insurance. No request for payment will be processed until the required insurance has been approved by CITIES and no Notice to Proceed will be issued until such approval has been given. C. The CONSULTANT shallsubmi t as proof of comprehensive general liability insurance coverage certificates of insurance endors,ed with the special endorsement attached to this e,chibi t. A~ proof or professional liability coverage, CONSULTANT shall subrni t certificates of insurance fo~ the professional liability coverage. All ceortificates shall be -17-. ' ... submitted in duplicate with Qrigin~l signatures. Facsimile signatures will not be .approved •. In addition, if at any time CITIES wish to review the actual policies, CONSULTANT will make available these policies provided that CONSULTANT shall be entitled to retain the policies to protect any proprietary terms of such policies. D. Liability and protection and indemnity policies shall name as additional insureds the ci ties of Los Ange'les and CARLSBAD,' their bqards, officers, agents, and employees, and must <;:ontaina noncancellation clause exactly as follows: "It is agreed that the insurance provided herein will not be cancelled or reduced in amount until the Board of Harbor Commissioners and the City Attorney o·f· the ci ty of Los Angeles and the City of CARLSBAD and its City Attorney' have been given 30 days notice by certified mail." E. Notwithstanding any other provision of this agreement, CONSULTANT also agrees' to name N. B. and W. H. Hunt and their agents as additional insureds to the extent of CONSULTANT'S liability assumed hereunder, to the comprehensive general liability policy. -18- '-. .. IN WITNESS WHEREOF., we have hereunto set our hands. and seals. CH2M HILL CITY OF CARLSBAD '. By Mayor' Title APPROVED AS TO FO~: ATTESTED: city Attorney Cit.y Clerk -19- .f 2075 LAt PALM AS DRIVE CARLS@AD, CA 92009-4859 July 21, 1988 Port of Los Angeles c/o Lillian Kawesaki Qtitu of Qtarlsbab PLANNING DEPARTMENT 425 South Palos Verdes Street P.O. Box 151 San Pedro, CA 90733-0151 Dear Lillian: TELEPHONE (61~) 438-t161 ' The City of Carlsbad requests that the attached contract for informational services related to the Batiquitos Lagoon Enhancement Project ErS/ErR be reviewed apd approved per the conditions of the Reimbursement Agreement. Your immediate attention to this would be appreciated. ZlY'/JA C-GARY WAYN~ )'~ Se or Plannel GW:af Attachment AGREEMENT THIS AGREEMENT, made and entered into as of the day of ______________ , 1988, by and between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City," and "MORRISON AND ASSOCIATES" hereinafter referred to as "CONSULTANT." RECITALS WHEREAS, the CITY has entered into an agreement wi th the Port of Los Angeles (POLA) to prepare the environmental documentation for the Batiquitos Lagoon Enhancement Project (BLEP); and WHEREAS, the city, pursuant to the reimbursement agreement with POLA requires professional services to carry out the public information aspect of the environmental review; and WHEREAS, the CONSULTANT has the qualifications to perforIh said public informational services; and WHEREAS, it is understood that the CONSULTANT shall be an independent contractor of the CITY; NOW, THEREFORE, in consideration or their mutual covenants and conditions, the parties hereto agree as follows: (1) DUTIES OF THE CONSULTANT CONSULTANT shall relative to BLE~ prepare public information documents community. In CONSULTANT'S duties for distribution to carrying out this at the direc;:tion of include the following: med;ia and the obligation the the CITY shall (a) The CONSULTANT shall. prepare one initial newsletter (four-page, 8~ x 11 when folded, one color, up to six photographs, printing 1,000 copies). (b) The CONSULTANT shall prepare up to eight monthly informal newsletter updates (one page, two sided). (C) The CONSULTANT shall conduct media relations and prepare up to twenty (20) news releases. (D) The CONSULTANT shall attend up to fifteen (15) public meetings and fifteen (15) staff meet'ings. (E) The CONSULTANT at the CITY I s option shall conduct an informal telephone poll to determine public opinions regarding the enhancement project. (F) The CONSULTANT shall be responsible for all mailings but not postage. (G) The CONSULTANT shall be responsible for the printing of all required materia~s. (2) DUTIES OF THE CITY (a) The CITY will make payment to the CONSULTANT as provided for this ag~eement. (b) The CITY will make available to the CONSULTANT any document, studies, or other information in its possession related to the proposed project. (c) The CITY will review any +eports/material presented by the CONSULTANT within seven working days of their receipt and make written comments to the CONSULTANT within that time period. (d) The CITY shall be responsible for postage to mail newsletter and updates. (3) TERMINATION OF AGREEMENT The CITY may terminate this agreement at any time by giving -2- wri tten notice to the CONSULTANT of Such termination and specifying the effective date thereof, at l~ast fifteen days prior to the effective date ot the terminat'ion. In event of termination all finished or unfinished documents and other materials prepared pursuant to this agreement shall become property of the CITY. Upon termination for reasons other than breach of this agreement CITY shall pay CONSULTANT the reasonable value of the services completed to the d'ate of notice of termination. (4) RELEASE OF INFORMATION BY CONSULTANT Any reports, information or other data, prepared or assembled by the CONSULTANT under this agreement shall not be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY. (5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF LAND USE AND PUBLIC FACILITY ECONOMIC IMPACT REPORTS AND OTHER MATERIALS All documents and materials prepared pursuant to this agreement are the property of the CITY. The CITY shall have the unrestricted authority to puplish, disclose, distribute and otherwise use, in whole or in part, any report, data, or other materials prepared under this agreement. (6) PAYMENT The CONSULTANT will be paid a maximum of $15,000.00 dollars for all work necessary to carry out the requirements of this agreement. Actual payment shall be based on the costs as set forth in Attachment "Ali incorporated herein by reference. Payments shall be paid in the course of City business following delivery of invoices provided, however, -3- that no fees shall be paid until the invaices have been verified and approved by CITY. CONSULTANT may submit invoices monthly that represent the value of work completed to date, minus any prior payments made. Payment of any invoices pursuant to this section shall not constitute a waiver by CITY of any breach of any part of this agreemen~. (7) LIMITS OF THE OBLIGATION The limits of the obligation o! the CITY under this agreement is in the sum af $15,000.00 which' amount is estimated to be sufficient to compensate the consultant for all services performed hereunder during the terms of this agreement. In the event at any time it appears to the CONSULTANT that said sum may not be sufficient, he shall immediately so notify the Planning Director. He will not perform any work or incur any c;>,pligati6n beyond said sum of $15,000.00 without appropriate amendment to t~is agreement. (8) CHANGES IN WORK If, in the course of this contract, changes seem merited by the CONSULTANT or the CITY and informal consultations indicate that a change in the conditions of the contract is warranted, the CONSULTANT or the CITY may request a change in the contract. Such changes shall be processed by the 'CITY in the following manner. A letter outlining the required changes shall be forwarded to the CITY or CONSULTANT to inform them of the proposed changes along with a statement of estimated' cnanges in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the CITY and -4- approved by the city Manager. Such supplemental agreement shall not render ineffective or j.,nvalid unaffected portions of the agreement. Changes requiring immediate action by the CONSULTANT or the CITY shall be ordered QY the Planning Director, who will inform a principal of the CONSU1;;TANT' S firm of the necessity of such action and follow up with a supplemental agreement covering .. such work. The lump sum amounts detailed. in this agreement shall be adjusted for· changes, either additive or deductive, in the scope of work. (9) HOLD HARMLESS The CONSULTANT will indemnify the CITY against and hold it harmless from all and any cost, expense, or liabili.ty for damages on account of injury or death to persons or damage to property resul tirtg from or arising out of or in any way connected with the performance py consultant of this agreement, including the defense of any action arising therefrom. CONSULTANT will reimburse the CITY for all costs, expenses and losses incurred by it in consequence of any claims, demands and causes of action which may be brought against it by a person arising out of the performance by CONSULTANT.of this agreement. (10) MAINTAIN INSURANCE CONSULTANT shall, at all times that this agreement is in effect or the premises are occupied by CONSULTANT, cause to be maintained in force and effect an insurance policy or policies which will insure and indemnify both CITY and CONSULTANT against liability or financial loss resulting from injuries occurring to persons ·or property in or about -5- the premises or occurring as a result of any acts or activity of CONSULTANT. The liability under' such insurance policy shall be not less than $100,000 for anyone person injured or $300,000 for anyone accid,ent and $50,000 for property damage. The po.licy sh~ll be written by a responsible company or companies to be approved by CITY, and shall be noncancelable except on ten day~f written notice to CITY. Such policy shall name CITY as co~insured and. a copy of such policy shall be filed with the CITY. (11) INDEPENDENT CONTRACTOR CONSULTANT in accordance wi thhis status as an independent contractor, covenants and agrees that he' will conduct himself consistent with such status, that he will neither hold himself out as nor claim to be an' officer 'or employee of the CITY by reason hereof, and that he will not by reason hereof, make any claim,. demand, or apl;>.lication to or· for any right .or privilege applica:ble to an officer or employee of the CIT71 including, but not 1 imi t.ed to; workmen f s compensation coverage, unemployment insurance benefits, soc'ial security coverage, or retirement memb~rship credit. The CONSULTANT shall be aware of the requirements of the Immigration Reform and Contro.l Act of 1986 (8 USC Sec. 1101 -1525) and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, sub-G:ontractors and consultants that are included in this agreement. (12) ASSIGNMENT OF CONTRACT CONSULTANT shall not assign this contract o~ any part -6- thereof or any monies due thereunder without the prior written consent of the City. (13) SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this contract by CONSULTANT, CONSULTANT shall be fully responsible to the CITY for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by CONSULTANT. Nothing 'contained in this contract shall create any contractual relationship be,tween any subcontractor of CONSULTANT and the CITY. The CONSULTANT shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Consultant's work llnless specifically noted to the contrary in the subcontract in question approved in writing by th~ CITY. (14) PROHIBITED INTEREST No official of the CITY who is authorized in such capacity on behalf of the CITY to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction or material supply contractor, or any subcontractor in connection with the construction of the project, shall become directly or inqirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the CITY who is authorized in such -7- 'c ________ ~ ______ ~ _____ .....I capacity and on behalf of the CITY to exercise any executive, supervisory, or other similar fUnctions in connection with the performance of thi~ contract shall become directly or indirectly interested personally in this contract or any part thereof. (15) VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, dur~ng, or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor such verbal' agreement or conversation entitle th~ Consultant to any additional payment whatsoever under the terms of this contr~ct. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. By By ATTESTED: CITY OF CARLSBAD, a Municipal Corporation of the State of California RAYMOND R. PATCHETT, City Manager CONSULTANT ALETHA RAUTENKRANZ, city Clerk APPROVED AS TO FORM: VINCENT F. BIONDO City Attorney -8- A TTi1Cb-t r'16tVT (1\ 1/ M Morrison& Associates Public Relations • Advertising • Consulting • Product Design -- REVISED SCOPE OF WORK AND COSTS FOR CITY OF CARLSBAD BATIQUITOS LAGOON ENHANCEMENT PROJECT June 21, 1988 This Revised Scope of Work and Costs is based on discussions with City staff after their review of the,proposal, for public information and rela't:.ed services dated June 2, 1988. The contract period is 12 months. 1. Newsletters. One initial newsletter (four-page, 8~ x 11 when folded, one-color, up to six provided photographs, printing 1,000 copies, postage to be paid by City). $3,000 plus sales tax 2. Continued public relations services. Includes eight monthly informal newsletter updates (one-page, 8~ x 11), media relations and approximately 20 releases or'advisories, att~ndance at about 15 public meetings, attendance at 10-15 staff meetings, and an informal telephone poll. It is understood that these services are provided at an hourly rate of $75 per hour plus out- of-pocket expenses. Total We appreciate the opportunity to serv'e you. Sincerely., ·N ' ~ ~ '--"~ Carl Morrison Presid:ent Post Office Box 3114 • Fallbrook, California 92028 • (619) 723-4449 $12,000 $15,000 RCV -; , fi ' '.-f...! " / B~':~ER~X TELE~OrIER 70:1,0 ; 3-6-87 . 3: 58PM ; CH2i"1 HILL,. 2!::!p-55PEi~ -. --" 24_~69;j:i 1 : ,l,;.~1AR-06-'87 16:59 T-CH2M HILL 250-5508 ~058-01 "1''"" -"-"'--'-., -. _." .. -... , . . j AGREEMENT THIS AGREEMENT is made this day of , 1987, between the CITY OF CARLSBAD, a -m-u~n~I-c~l-p-a~l--c-o-r-p-oration of the State of California, herein- after referred to as CITY, and CH2M HILL CALIFORNIA, INC. h~reafter referred to as CONSULTANT. RECITALS WHEREAS, the CITY has entered into an agreement with the City of Los Angeles hereinafter called the APPLICANT, wherein the CrTY agrees to prepare an Engineering Predesign Report fOr the proposed project identified as Alternative Number .1 of the Draft Batiquitos Lagoon Enhancement Plan; and WHEREAS~ the Consultant has the qualifications to prepare the required Predesign Report1 and WHEREAS, the APPLICANT has agreed to furnish certain support and services to the CI'1'Y described in Exhibit'.B as part of an Agreement among. the City of Los Angeles, City of Carlsbad, and other parti.es for Marine Habitat Restoration at Batiquitos :(..agoon; and , " WHEREAS., it is" understood that the CONSULTANT shall be an ~ndependent ~ontractor of the CITY, NOW ~"--THEitE:FORE, in cons;ideration of their mutual convenants and conditions, the parties hereto agree as follows: . (1 ) .--. ., • v DUTIES OF THE ~ONSULTA~T CONSULTANT sball prepare,an Engineering predesign Report for the subject project in accordance with all applicable codes and ordinances with the interl't -to determine the . feasibility and costs of the subject project in prepar- ation for an Environmental Impact Report under a sup- plemental contract. In carrying out this obligation the CONSULTANT shall complete those tasks listed in the Work-Scope (!on·l:·~",-~d in ?t-ttaohment 1 .. ( a) ", rn accor{ with the Work scope, the CO~SULTANT shall (lj (~necessary a~d required field explorati(.JH? f reviews andt,estsJ (2) make necessary and required laITQratory tests and analysis t (3) apPE;.ar and be prepared to answer questions at mt. ;.J:,ings designated by the CITY, and (4) make rerH.)rts necessary to comply with the requirements of this section. . 1 LAA87/d .• l ! I I ,. \ -'. RCU 'By\PXEROX TE~ECOP I ER 7010 ; 3-6-87 3: 59 PM ; CHa'l HI LL 2g0-5508-? I MAR-06-'87 17:00 T-CH2M HILL 250-5508 ~058-02 (b) CONSULTANT shall prepare 15 copies of a 40 percent and 10 copies of a draft ~nd 20 copies of the final predesign Report for submission to the CITY in compliance with the Work Scope contained in Attach~· ment I attached hereto and made a part hereof. (C) CONSULTANT shall attempt to determine a~ soon as possible in his study of the area involved, those factors which could severely inhibit or prohibit the proposed project. If it appears that such factors are present, he shall so inform the Planning Director who in turn will discuss with the APPLICANT the feasibility of continuing with the report. The objective of this subsection of the agreement is to minimize the cost if these adverse'factors exist. (2) DUTIES OF THE CI~Y (a) The CITY will make payment to the CONSULTANT as provided for in this agreement. (b) The CITY will make available to the CONSULTANT any document, studies, or other information in its posseSsion related to the proposed proj·ect. ec) The CITY will review reports presented by the CONSULTANT within fourteen working days of their recel.pt and make written comments to the CONSULTANT wi thin that time period .. _ (d) ~he CITY will anno~nce, advertise, conduct, and record all public meetings and hearings, and pay (or cause APPLICANT to pay) fees to obtain all necessary permits. (e) The CITY shall arra~ge for and secure access to property required for the performance o·f work under this agreement. ( f) The C!~y appoints . their project mana-g-e~r~,~w~h~o~s'E-a~l~l~h~a-v-e--~th~e~---- authority to act on behalf of the CITY in the execution of this agreement. (3) PROGRESS AND COMPLETION The work under this Agreement will begin within 10 days after receipt of notification to proceed by tbe CITY. The work will be completed in accordance with the fOllowing schedule: 2 LAA87/ci.l -~ -RCV BY:XEROX TELECOPIER 7010 ; 3-6-87 4:00PM ;CH2M HILL 250-5508~ 24069;i=I 3 I'lRR-06-' 87 17: 01 T -CH2rl HILL 250-5508 l:!058-03 Complete lagoon instrumen- tation and calibration 25 daY$ after authoriza- tion to proceed (4) Completion of field work and dat.a collection Submit 40-percent Predesign Report Submit D~aft Predesign Report Submit Final Predesign Report 45 days after lagoon instrumentatj;on 45 days after field work 75 days after receiving client review of 40- percent report 21 days after ~eceiving client review of draft Extensions of time may be granted if requested by' the CONSULTANT and ag.reed t.o in writing by the CITY. In consideration of such requests, the CITY will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the CONSULTANT, or delays caused by CITY inaction or other agencies' lack of timely action. RELEASE OF INFORMATION BY CONSULTANT -- Any reports, information or other data, prepared or assembled by the CONSULTANT under this agreement shall not be made available to any individual or organization by the CONSOLTANT without the prior writt.en approval of the CITY. (5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF PROJECT DATA AND REPORTS All documents and materials prepared pursuant to this agreement are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute and ot.herwise use, in whole Or in part, any reports, data, or other materials submitted unde~ this agreement. (6) PAYMENT (a) For Specif.~§:,~services LAA87/d.l For services that have ad$quate definition and are specified in Att.achment 1, Work Scope, the CONSULTANT will be paid a lump sum of $_, __ ~_. ",' '-' 3 ,.J RCV BY:XEROX TELECOPIER ?010 ; 3-6-87 4:00PM ;CH2M HILL 250-5508~ t1:AR-06-' 87 17: 01 T -CH:211 HILL 250-550:3 1=105:;1-04 Interim progress payments shall be made to the CONSULTANT within 30 days after receipt by the CITY of an invoic96 The CONSULTANT may submit invoices not mora often than monthly that represent the value of work completed to date, less any prior payments made by the CITY. Interest will accrue and be paid at the rate of 1-1/2 percent per month (18 percent APR) on amounts not paid within 35 days of the invoice date. For Extra Work 24069;1:1 4 Changes in CO~SULTANTfs compensation, if any, which may result from change order or amendment as provided in Section (8) shall be paid on the basis of then prevailing hourly or other unit rates plus direct expenses, subcontract administration fees, and material costs. Total compensation for such extra work shall be negotiated prior to issuance of the change order or amendment and prior to the performance of said extra work • . (7) PERIODIC REVIEW/REVISION It is understood that the scope of this project may change or shift in emphasis as the results of investi- gations become available. Consequently, the Work Scope. Payment and schedule will be reviewed and revised as necessary at these project milestones: (a) Upon completion of initial data collection, field explorations and laboratory testing. (b) Following CITY's review of 40 percent Predesiqn Report. (c) Following CITY's review of Draft Predesign Report. If the anticipated level of effort and/or scope of sub- sequent tasks varies from that specified in the Work Scope, this Agreement and Work Scope will be amended accordinqlY6 (8) CHANGES IN WORK If, in the course of this Agreement, changes seem merited by the CONSULTANT or the CITY r the CONSULTANT or the CITY may request a change in the Agreement. Such changes sb,4),.+ be procesq.$.Q. by the CITY in the following manner: A letter outlining the required changes shall be for- warned. to tne CI'rY or CONSULTANT to inform them of the 4 LAA87/d.l .. <' ~>..:""--....... , . " \ / RCV B'r': xEROX TELECOP I ER 7010; 3-6-87 4: 01Pt'1 ; CH2M HILL 250-5508~ 24069;j:f 5 f'lf-lrH:1b-' Cl'( 1'(: l.:::J:d I-CH:dM H1LL :d':)lj~::J::Jl.:::JCl f:ll.:::J::JCl-l.:::J::J proposed changes along with a statement of estimated changes in charges and/or time schedule. aecause the CONSULTANT is not allowed to perform any work or incur any obligation beyond the agreed upon amount, it is understood that the CONSULTANT will stop work on aff.p.r:h~n tasks until the changes are approved or disapproved. After reaching mut~al agreement on the proposal, a sup- plem~ntal agreement shall be prepared by the CITY ann appr9ved by the City Council. Such supplemental agree- n'lent:,shall not render ineffective or invalidate unaf- fectEi!d portions of the agreement. 1-.. Changes requiring immediate action by the CONSULTANT or CITY shall be ordered by the Commupity DevelopmAnt. Director who will inform a principal of the CONSULTANT's firm of the necessity of such action and follow up with a supplemental agreement covering such work. The lump sum amounts and schedule detailed in this agreement shall be adjusted for changes, either additive or deductive, in the scope of work. (9) TIME OF COMPLETION It is understood that inclement weather and other conditions may delay the completion of field work. The CO~SULTANT will be allowed as many additional days as are necessary to compensate for days lost. Extensions to complete the Work Scope shall be granted by the CITY if the CONSULTANT is necessarily delayed in completing work by any caUse that meets any of the following conditions: (a) Such cause is beyond CONSULTANT's control and arises without his fault. (b) Such oause arises after the execution of this agreement and neither was nor could have been reasonably anticipated before the execution of this agreement. (10) LIMITS' OF THE OBLIGATION The limits of the financial obligation of the CITY for the CONSULTANT's performance of work under this agreement is in the sum specified in Section (6) which amount is estimated to be sufficient to compensate the CONSULTANT for all services performed hereunder during the term of this agreement. In the event at any time it appears to the CONSULTANT that said sums may not be sl}"fficient, he .$11.,!11 immediately so notify the Community Development Director. tie will not perform any work or 5 LAA87/d.l RCV B',:' :-XEROX TELECOP I ER 7010 ; 3-6-87 4: 01Pt'1 ; CH2M HILL 250-5508-;' 24069;:1=1 6 MAR-06-'87 17:02 T-CH2M HILL 250-5508 ~~58-06 incur any obligation beyond said sums without app~opriate amendment to this agreement. (11) MAINTAIN INSURANCE CONSULTANT shall, at all times that this agreement is in e.ffect or the premisss are occupied by CONSULTANT, cause to be maintained in force and effect an insurance policy or policies whi~h will protect both CITY and CONSfJL'1'ANT against liability or financial loss resulting from injuries occurring as a result of any acts or activity of CONSULTANT. The liability .under such insurance policy shall be not less than $100,000 for anyone peraon 1nJureo or $300,000 for anyone accident and $50,000 for property damage. The policy shall be written by a responsible company or companies to be approved by the CITY, and shall be noncancellable except on 10 days' written notice to CITY. (12) INDEPENDENT CONTRACTOR CONSULTANT in accordance with his status as an indepen- dent contractor, covenants and agrees that he will conduct himself consistent with such status, that he will neither hold himself out as nor olaim to be an officer or employee of the CITY by reason hereof, and t.hat he will not by reason hereof, make any claim, demand, or applications to or for any right or privilege applicable to an officer or employee of the CITY including, but not limited tOt workmen1s . compensation coverage, unemployment insurance benefi~s, social security coverage, or retirement. membership credit. (13) ASSlGNMENT OF CONTRACT CONSULTAN~ shall not assign this contract. or any part thereof or any monies due to become due thereunde~ without the prior ~ritten consent of the CITY. (14) SUBCONTRACTING If the CONSULTANT shall subcon~ract any of the work to be performed under this contract by CONSULTANT, the CONSULT~NT shall be fully responsible to the CITY for the acts and omissions of CONSULTANT's subcontractor and of the persons either directly or indirectly employed by CONSULTANT's subcontractor, as CONSULTANT is for the acts and omissions of persons directly employed by CONSqLT~NT. Nothing contained in this 'contract shallqreate any contractual relationship between any subcontractor or CONSULTANT and the CITY. The CONSULTANT shall bind every subcontractor a-nd every 6 LAAB7/d.l POOR QUALITY ORIGINAL (5) RCV BY:XERQ)( TELECQPIER 7010 ; 3-6-87 4:02PM ;CH2M HILL ~50-5508-7 24069;l=i 7 \. rvlAR-06-' 87 17: 03 T -CH2M HILL 250-5508 l:f058-87 subcontractor of a subcontractor by their terms of this contract applicable to CONSULTANT's work unless specifically noted to the contrary in the suboontrcp..~t in question-approved in writing by the CITY. ":., . It is understood that the CONSULTANT intends to engage these subconsultants for performance of portions of the work: Tekmarine Michael Brandman and Associates RMW Paleo Associates D.5. Josephson Ocean Surveys, Inc. Whenever it is necessary for the CONSULTANT to employ sUQconsultants other than those listed here, their employment shall ,require the prior written approval of the CITY, except wholly owned subsidiaries and/or $ubconsultants whose total cQ~ts to be borne by CONSULTANT is less than 5 percent of the total compensation in Section (6) of this agreement. (15) PROHIBITED INTEREST (16 ) NO official of the CITY who is authorized in stich capa- city on behalf of the CITY to negotiate, make, accept or approve, or to take part in negotiating;, making, accepting or approving any arohitectural~ engineering, inspection, construction, or material supply cont~ac~ or subcontract in connection with the construction; ot~ the project, shall become directly,,€r' indirectly" ih1::er-e~te~ personal1y in ~his contractor\in any ~~ ~~ the:eof. No.officer, employee, archi~ect, a~7~ney, eng1neer or 1nspector of or for the~CITY wno ~~ authorized in such capacity and On behalf of~~.ITY to exercise any executive, supervisory or oth~lnilar functions in connection with the performance Sf th's ' contract shall become directly or indirectly interested personally in this oontract oJ;:;..,;;,ny part thereof. ." .(~' .~, .:;: ~-,-~ '~~'" ¥ , r "A ' VERSAL AGREEMENT OR CONVER9~~:t;)N b-,~;Q#! No verbal agreement or conversation with any Offi~~~~ agent or employee of the CITY, either befate, d\lj'\il19ttor after the execution of this contract, shall affe~~q» modify any of the terms or obligations herein '_"~.~ contained, nor such verbal agreement or convers~t:· '~~ entitle the CONSULTANT to any additional payment', .. ' whatsoever under the terms of this contract. . '~ 7 LAA87/d.l RCV B'y': XEROX TELECQP I ER 7010 ; 3-6-87 4: 03PM ; CH2r'1 HILL 250-5508~ 24069;j::I 8 MRR-06-'87 17:04 T-CH2M HILL 250-5508 ~058-08 (17) HOLD HARMLESS AGREEMENT (a) The CITY, its agents, officers, and employee~ shall not be liable for any claims, liabilities; penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed and proven to have been caused by, or resulting from, any negligent act or omission of CONSULTANT or CONSULTANT's agents, employees ,. or representatives. CONSULTANT agrees to defend, indemnify, and save free and harmless the CITY and its authorized agents, officers, and employees against any of the foregoing liabilities or claims and any cost and expense that is incurred by the CITY on account of any of the foregoing liabilities, including liabilities or claims by reason of negligent defects in any plans and specifications, unless the liability Or claim is due, or arises out of, solely the CITY's negliqence. CONSULTANT's liability to the CITY for any cause or combination of causes is, in the aggregate, limited to an amount no greater than the fee earned under this agreement. (b) The foregoing notwithstanding, CITY shall indemnify and hold the CONSULTANT harmless for any causes under this agreement in any way associated wi th the presence o'r release of hazardous and toxic materials in the environment. The CONSULTANT is being engaged to provide professional services at a site that may involve the presence of hazardous wastes or toxic materials the CONSULTANT had no role in generating, storing, o~ di~persinq. Restrictions or exclusions in the availability of professional liability and other inSurance for the CONSULTANT's services either at present or as reasonably contemplated in the future make it difficult or impossible for the CONSULTANT or the engineering profession as a whole to apportion risk on t.his or other similar work by adjustment of fees. The CONSULTANTt s services shall be governed by the negligence sta.ndard for professional services, measured as of the time those services are rendered. ~:;'; ;-The CITY ag'J;'r;,es to defend, indemnify and hold the CONSULTAN~ harmless from any claim, liability, or defense cost for injuries or losses sustained or alleged by any person or entity, whether a party B LAA67/I!t.l RCV B'I': XEROX TELECOP I ER 7010 ; 3-6-87 4: 03FM ; CH2~1 HILL 250-5508~ MRR-06-'87 17:04 T-CH2M HILL 250-5508 ~058-09 to this agreement or not, and allegedly arising out of or related to any hazardous or tQxic material chemical or condition. As used in this subsection" "CONSULTANT" includes the CONSULTANT, any affiliated corporations and individuals, or any of its or their officers, directors, employees, or agents. The proviSions of this subsection shall survive termination of this agreement for any cause. 24069;l=* 9 The provisions of this subsection take precedence over any conflicting provision of this agreement or any document incorporated into it or referenced by it. The foregOing indemnification does not apply to gross negligence or willful acts of the CONSULTANT. (18) SUSPENSION OR ~ERMINA~ION OF SERVICES FORCONVENIgNCE This agreement may be terminated by either party upon tendering 30 days written notice to the other party. In the event of such suspension or ter.mina~ion, upon request of the CITY, the CONSULTANT shall assemble the work product and put same in orqer for proper filing and closing and deliver said product if requested by the CITY. In the event of termination, the CONSULTANT shall be paid as specified in Section (6) for work performed to the termination date: however, the total shall not exceed the guaranteed total maximum. The CITY shall make the final determination as to the portions of the tasks completed and the compensation to be made. (19) TERMINATION OF AGREEMEN~ FOR FA1LURE TO PERFOaM In the event of either party's failure to prosecute, deliver, or perform as provided for in this agreement, the offended party may terminate this contract for non- performance by notifying the other party by certified mail of the termination of the contract. The CONSULTANT, thereupon, has 5 working days following a request by the CITY to deliver documents owned by the CITY and all work in progress to the CI~Y. The CITY shall make a reasonable determination of fact based upon the doouments delivered to CITY of the percentage of work which the CONSULTANT completed under the terms o;~ ;·¢:be agreeme~t. .~:" Based upon that finding as reported to the City Council, the; Council shall determine the tinal payment or the contract. LAA87/d.l 9 RCV B'r": XERO>( TELECQPIER 7010 ; 3-6-87 4: 04Ptvl ; CH2t'1 HILL 250-5508.-? , ~1:HR-0b-' 87 17: 05 T -CH2M HILL 250-5508 J:l:058-10 (20) EXPIRATION OF ~GREEMENT This agreement expires upon completion of the services outlined in work Scope or on December 24, 1987, whichever occurs first. (21) STATUS OF THE CONSULTANT is • - The CONSULTANT shall perform the services provided for herein in CONSULTANT'S own way as an independent con- tractor and in pursuit of CONSUL'l"ANT"s independent calling, and not as an employee of the CIT~. CONSULTANT shall be under con~rol of the CITY only as to the result to be accomplished and the key personnel assigned to the project, but shall consult with the ClTY as necessary. (22) CONFORMITY TO LEGAL REQUIREMENTS The CONSULTANT shall cause all drawings and specifica- tions to conform to all applicable requirements of law current at the time of execution ot this aqreement: federal, state, and local. CONSULTANT shall provide any neoessary supporting documents specified in ~he Work Scope, to be filed wi~h any agencies whose approval is necessary. The CITY will provide copies of the approved plans to any other agencies. (23) DISPUTES 24069;l=f10 If a dispute should arise regarding the performance of work or compliance with this agreement, the following procedure shall be used to resolve any question of fact or interpretation not other~ise settled by agreement between the parties. Such questions, if they become identified as a part of a dispute among persons operat- ing under the provisions of this contract, shall be reduced to writing by the principal of the CONSULTANT or the Community Development Director. A copy of such dooumented dispute shall be forwarded to the other par~y along with recommended wethods of resolution which would be of benefit to both parties. The party receiving the letter shall reply to the letter along with a ,recom- mended method of resolution within 10 days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manag$r. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council sha,l~ be binding u,pon the parties involved, although nothihg in this -t;:irocedure shall prohibit the parties seeking remedies available to them at law. LAA87/d.l 10 RCV BY:XE~OX TELECOPIER 7010 ; 3-6-87 4:05PM ;CH2M HILL 250-5508~ ____ -..i< f1RR-06-' 87 17: 06 T -CH2t"1 HILL 250-5508 l=I058-11 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. ATTEST: ALETHA RAUTENKRANZ, City Clerk APPROVED AS TO FORM: vIce Biondo, Jr. Assistant City ~ttorney LAAB7/d.l 3/6/87 ", .~ t CITY OF CARLSBAD, a Municipal Corporation of the State of California BY: __ ==~=-~~~~~ ______ ~ FRANK ALESlIIRE City Manager CH2M HILL CALIFORNIA, INC. By: ____ ~--~~~----__ ~ __ ___ CONSULTANT LAAB7/d.l 11 24069; 1=111 City of Ca.rlsbad , " ,_i!jdtnmr~ij·:;ri·jt4at ... : March 20, 1989 Port of Los Angeles ~tt~ntion: Ms. Lisa Sale~ 425 S. Pa.los Verdes, street P.o. Box 151 San Pedro, CA 90733-01,51 RE: BATIQUITOS LAGOON -ENHANCEMENT PROJECT Dear Ms. Sales: bn March 7, 19,89, the Garlsbad, City' Co-uncil No. 89-62 approving a consul t'ant a,greem~nt ~ngineer{ng -'Associates,' Incorporat~d, enginee1;"ing work required for the Bat,iquitos; 'Project. adopted Resol ut ion wi th R.:j.ght .... of, ... Way for' right~Qt-way Lagoon Enhahcement Enclosed for your fi:!..es are executed copieE? of the adopt'ed Resolution and the city/consul~ant agreement. Mr. Cecil Ryals of the consultant firm has already begun work and wil:!.. be presenting' a status report to the city on or about April, I, 1989., If at JOH J. CA.HILL questions related to thi~ matter" please call me MUNICIPAL PROJECTS MANGER' JJC:tlg c: ...-Gary Wayne, Principal Plannel;:"' Vincent F. Biondo, Jr., city Attorney communi ty Development Direct,or city Engineer 2075 Las Palmas Drive-Carlsbad, Califo:rnia B2009-4~5'g'-'(619)'438-1161 ~ . AGREEMENT FOR RIGHT-OF-WAY SERVICES FOR THE BATIQUIToS LAGOON ENilANCEMENT PROJECT THIS AGREEMENT, made andent~red into a~ of the 29th day of November, 1988, by and be~ween the CI~Y OF CARLSBAD, a munic~pal corporation, hereinafter referred to as "City,,, . and RIGHT-OF~WAY ENGINEERING SERVICES, INCORPORA·TED, hereinafter re,ferred to as' "Consultant." ~CITALS WHEREAS, the City requires the ,services of a right-of-way engineering, land-surveying, and photogrammetric consultant ,to provide the necessary services for preparation of right-of-way engineering work for the Batiqui ~os Lagoon Enhancement Pr<;>j ect; and WHEREAS, proposals have been received' by the City for said right-of-way engineering services; and WHEREAS, Consult'ant ~ossesses the necessary skills, abilities, experience," financial resources', and' qualificatiol'l:s to provide the services required by the city; and " . WHEREAS, the City of Los Ang,eles ~ acting through its Board . . of Harbor Commissioners, has previously entered into a reimbursement agreement wi th the ·ci.ty of Ca:risbad for the preparation of necessary right~of-way engi~eering work r~quired for the Batiquitos Lagoon.Enhancement Project. NOW, THEREFORE, in consideration, of these recitals and the mutual covenants contained he~ein, City an~ consultant agree a$ follows: 1. CONSULTANT'S OBLIGATIONS A. Provide two (2) copies of a two (2) sheet color'aeri.al photograph exhibit of the entire BatiqUitos Lagoon within the City of Carlsbad extending, from the Pacific .2 Ocean on the west to 500 feet east of ~l Camino Real. Photo coverage is to include·futu're and" existing sediment control basins' as gene~a'lly depicted in the Batiquitos Lagoon, Enhancement Pl~n p~epared'by the California Coastal Cons;ervancy~ with the exception of that basin located in the Green, Valley area southwest of the int'ersection Qf EI camino Real and La' Costa Avenue. Copies of the Enhancement Plan are .on file .and available with the City~ Tbe colored ae~ial 'exhibits shall be u,sed 'for bothpuhlic pre$en,tations and court exhibi ts and shall be of superior' quality with,' high ,color r,esolution 'and detail. 'the scale of the photographs shall be approxima,tel,y 1"=40Q,f$et. B. Provide an exqibi t overlay ove,r the photographs showing property lines of all surrounding properties" easements and licenses which ~ncroach within the wetland area of the Batiqui tos Lagoon and above all, sediment basins • Exhibit overlay· shall be of superior CVlality with sufficient detail to clearly discern the nature, ,ext~nt and location of all prope+ty ownerships, easements, and licenses withi,n the subject 'ar~a. ' C. Provide a base map' for the, proj ect incorporating" all areas as generally described in th'~s prcij,ect including the plotting of the 'wetland boundary, as,' generally described by the state ,of California, Depa;rtment of Fish, and Game, and the United stat~s\, Army Corps of Engineers, for-the BatiqltitosLagoon and/or that wetland 'bounda'ry as determine~ by the City of' Carlsbad's environmental consul tartt, ,CH2M Hill, Incorporated or others as may be provided or designated by City, and tied 'out by field surVey. The bas~ map for this project shall be :at 'a scale of 1"=100 fe,et and a contour interval, 'of two ,,(2) feet. 'City shall be provided with one (1) $et 0+ original' myl~rs tor its reproduction. , This task shall include the review of all documents, maps, exhibits, and any :other 1llaterials appropriate and required for completion. D. Provide any and all field survey services as may be requi"red to locate property lines surrounding the area within and above Batiquitos Lagoon; Tb,is work shal,l include" but not 'be limited to" research of maps, property ownerships, licenses and easements, aerial photo control, property line traverse and a tie out of any and all existing' controlling property corners on the Cal,ifornia Coordinate System,. Perform any other , field. 9r office right":'of:"way engineer'ing services' that may be required to ioc~te all proper~y lirte$ and easement$ and other legal i,nte'rests,lncluqing' locat,io~ of 'wetlands boundary as det'ermlned by City 'of Carlsbad's environmental consultant or other$ as may be designated by City. • E. Provide p'relimihary title reports of all p~operty ,surrounding the Batiquitos 'Lagoon including all sediment control basins. Ownerships and nature of interests ·of existing eas'emen'ts and licen~es into the Batiqui tos Lagoon area, beach, . and s'ediment control basins are also to be. provided. Ownerships of all properties,. easements and I icenses are to include. all property along the beach. extending froin approximat,eiy 1,500 feet south and 1,000 feet nort~ 9f the mouth of .Batiqu;i.tos Lagoon. Research .of all ownerships and nature of all interests 'will also be conducted for a stretch of approximately .., ,300 . feet of' beach frontage. east of Palomar Airport Road as generally depic;:ted in Figure 7-7 through 7-9 Volume 1, Draft preliminary Design. Batiguitos ·Lagoon .. Enhancement Project; CH2M Hill. Incorporat'ed,,' on file. with the City.' All interests identified are to. be pl.ot:ted and labeled on the maps identifieaabove. 'Consultants' shall provide a detailed and current property ownership listing to the City of all ownerships, easements. and l.icenses ~ F. Consultant shall be available. and' attend three (3) formal project presentations, if reqUired by the city. Said' three (3) Ptesentations shall be .specifically limited to those occutring. within the county o~ San Diego. .Proj ect or researc;::h meetings with city staff, Ba t i qui tos Lagoon Enpanc:;:ementproj ect cons.ui tants, state, 'Federal, local agency representatives and others as may be required' to ,perform the ,t'asks identified· in this project ~re to be incl.-uded within the ~cope and fees for this. pt',o·)edt. G. Consultant .shall provide all slipervision, coordination and office calculations required to accomplish this project. PROJECT SCOPE ALTERNATE NUMBER 1 At the s'ole election of City, and to be communicated in writing by City to Cc;>nsl.lltant at any time· 'during the course o'f this proj ect,' C'onsul tant shall provide photogrammetrical ~apping of the' ~rtt~re subject area as defined above in a scale of '1"=10.0 feet with a two (2) foot contour interval. Mapping $hall be in. a digital data, autocad format with computer generated mylar map. 2. CITY'S OBLIGATIONS The City shall provide Consultant with the following' documents and information in the. pliblic domain· to assist Consultant in this project: '4 A. R~cord ··of survey map o·f Hunt/Hillm~n Properties., Incorpo.rated holdings as prepared by VTN Engineering, Incorporated of allH~nt/Hillman: Properties holdings in . and around Batiquitos Lagoon. B. Wetland boundary map plott~d by .VTN Engineering, Incorporated for area east of Interstate 5. C. ~artial w~~land boundary map plotted by O'Day 'E;ngineering . Consultants, Incorporated for portions of Batiquitos ~goon. D. 'Bati'gyitos Lagoon. Enhancement . Project. preliminary Engineering R'eport, prepared ·by CH2M Hill,' Incorporated for the City of Carlsbad. E. City of Carlsbad aer,tal mapping (Deceml:>er, 1988) at a· scale of 1"=100 feet· with two ,(2) foot contours prepared by Fraser Engineering, Incorporated for the City of Carlsbad. F. Wetlands determination map· prepared' "by City of Carlsbad's environmenta~ consUlt~pts, CH2M' Hill, Incorporated, or otber wetlan~s '~apping as may be availa~le to City of Carlsbad .. 3. PROGRESS AND COMPLETION The work under this contract will begi~ ilI)ll1ediately after receipt of notification to proceed_by 'the Cit~ and be complete4 within ten (10) weeks of that date. Extensions of' "~ime·. maybe granted if requested by the Consultant and agfe~d to in w-ri ting by the City. In consideration of such.··· requests ~ the tj;ty will give allowance for documented and subst'antiated unf'ore~eeable and unavoidable delays not caused by a lack of foresight on the part .. 5 of the Consultant, or delays caused. by . City inaction or other agencies' lack of timely action. In the event. City elects to award PROJECT SCOPE ALTE·RNATE NUMBER. 1 to Consultant as identified in Section 1 of this' Agreement, Consultant shall be granted an additional four (4)· weeks. of time to complete this additional element of project s¢ope. 4. FEES TO BE PAID TO CONSULTANT The lump sum fee payable according. to parac;rraph5, "Payment of Fees," shall be a combination of lliinp sum and hourly rates not to exceed a project total of $49,690 •. No other compensation for services will be allowed except those items covered by supplemental agreements per Piiragraph 7, "Changes in Work." The agreed upon scope of work costs are ~temized as follows as described in section 1 of this Agreement: SCOPE OF WORK SECTION A: Color Aerial Exhibits B: Exhibit overlay C: Base Map D: Field Survey Services E: Pre~iminary Title Reports F: Project Presentations G: Project Coordination TOTAL PROJECT COST HOURS LUMP SUM LUMP S'UM 180 80 LUMP SUM 12 60 . NOT 'l'0 EXCEED . . COS,T $ 1,000 $ 1,500 $ 9,000 $ 8,.800 $25,070 '$ 720 . $ 3,600 $49,690 As identified in section 1 of this Agreement, City retains the right, at its sole election, to award PROJECT SCOPE ALTERNATE NUMBER 1 to the Consultant at any time dqring tpe course of this • ., < project. Said award shall be communicated in wr;itinq from City to Consultant. The agreed upon lump' sum cost for PROJECT SCOPE 6 ALTERNATE NUMBER 1 shall be $17,250. No other compensation 'f'or services for PROJECT SCOPE ALTERNATE, NUMBER '1' will be allowed except those items covered by supplemental, ~9reements per Paragraph 7, "Changes in Work." 5. PAYMENT OF FEES Payment of fees shall be on a monthly basis uf>on receipt and, approval by City of detailed' invoices prepar'ed' ,and submitted by Consultant. 6. FINAL SUBMISSIONS wi thin seven (7) days o,.f completion and', approval off the final work products described in Section 1 of ,this Agreement, the Consultant shall, deliver to the City-the following items: A. Two (2) copies of the two (2) sheet color aerial exhibit with overlays. B. Project base map in original mylar form, inclUding copies of all field survey notes. C. Copies of all preliminarytitlere~oi;ts, grant deeds', easements, licenSeS, ,and ,anY-other docUments utilized in the preparation of this project by Consul'tant,." D. One (1) copy-of, a complete and, detailedproP.arty ownership list of all properties, easements and licenses in the project study area. -E. One (1), copy in 9riginal mylar' form of the photogra'tnmetrical map ,described ,as PROJECT· SCOPE' ALTERNATE,' NUMBER 1 if so awarded to Consultant. by city. 7. CHANGES IN WORK " If, in the course of 'this contr,act, changes s~em merited by the Consultant or the city, and informal consultations with the 7 other party indicate that a change in the conditions of t~e contract is' warranted,' the Consul tapt or the City may request a qhange in contract. Such changes shall be processed by the city in the followinq manner: A letter outlining tha _ required changes shall be forwarde~ to 1;:h~City 'by Con~ultant to inform them of the proposed changes along with: a statement of estilIJated' changes in charges or time schedule. After" "reaching' mutual agreement on the proposal, a supplemental a<;J,reemetlt shall 'be prepared by the ci ty and approved by the c.i ty Council. S~ch supplemental agreement shall riot render inef~ective"or·invalidate. unaffected portions of the agreement. Chang~s t~quil;ing immediate action by the C~msul.tant or Gi 1:Y shall be. ordered i:)y the City Manager' or his designated. representative wQ,o will inform a principal of the Consultantis firm of the necessity of such action and follow up with a supplemental agreem4;!rit -covering such work. 8. COVENANTS AGAI:tfST CONTINGENT FEES' The Consultant warrants, that ~heir ff.rmhas not emploY4;!d or retained any company or. person, other. than a bO.na fide employee working .for the Consultant, to solicit or .secure this agreement, and that Consultant has not-paid or agreed to pay any' company or person, other than a bona fide employee, any fee., .. commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the awarc;i or malting C?f this agreement. For breach or violat·ic;m. of .. this warranty, the city shall have the right to annul this agreemel}t· wlthoU·t liability, or, in its discretion, to deduct from the agreement price or. consideration, or otherwise recover, the full a~ount of such fee, , . 8 commission, percentage, brokerage fee,gift, or contingent f~e. 9. NONDISCRIMINATION CLAUSE The Consultant shall comply wi 1:h the State and Federal Ordinances regardin9 nondiscrimination. 10. TERMINATION OF CONTRACT In t'he event of' the Consultant's f,a!lu±-e t;o prosecut-~., deliver, or perform the work as pz:oyided for in this, Contract;, the City may tepnina1;:e this' Contract for nonper'formance by notifying the Consultant by certified mail of the te;rmination of " . the qontract. The . Cons,!l tant, there~pOi1, h~s f1 ve ( 5 ) workirjg, days to deliver said documents ,owned by the City anc;l all work in progress, to the City Manager~' The City Manager shall make a determination qf faqt base~, upon the' documen~s r' del i veredto city of the percentage of work which the Consultan,t has performed .' . . which is usable and of worth' to the, ,City in having the Contract; completed. Based upon tl1at finding' as reported to the city Council ,the, Council shall determine the f:i,nalpayinent of tne Contract. 11. DISPUTES If a dispute should arise reg~rding the performance of work under this agreement, the following procedure sh~ll be' used to resolve any question of tact or interpretation not otherwise settled by agreement ,between p~rties. Such.' questions!, if, they become identified as a part of ,a dispu~eamortg pe~sons operating under the provisions ,of this Contract,shall be reduced to 'writing by the p~incipal of th~ Cohsultant or the CityM~nager. A copy of such documented dispute shall be 'forwarded to both parties involved along with recommended methods of resolutic;m 9 which would be of benefit. to both parties. The City Manager or principal receiving the letter shall reply to the, letter along with a. r~commended metho4 of resolution. within ten ,(10) days. If the resolution thus obtained is unsati,sfactory to 'the aggrieved party, a letter outlining. the disPl.?-te shall be forwarded to 'the. City Council for their resolution through the Office c.f the City Manager. The City Council may then opt to consid~r the directed solution to th~ problem. In sl.,lch ca$es, the action of the City Council shall be binding uponthepartie~ involved, althou9h nothing in this procedure shall' prohibit the parties ~eeking remedies available to them at· law. 12 •. RESPONSIBILITY OF THE CONSULTANT The Consultant is h~red to render prQfession~l services of right-of-way engineering .and land surveying and any paymepts made to Consultant are COnipens~tion $ol~Hy for sucll. services. Consultant shall certify as to the correctness of all documents and sign all plans, map!?, .engineering drawings, or details prepared by Consultant or Consultant'~ !?ubcontrac~ors or agents as a result of this project f·urnished with Registered civil Engineer's or Land surveyor's. number.' 13. SUSPENSION OR TERMINATION OF SERV~CES This agreement may be terminated by either party upon tendering thirty PO) days' written notice to the other pa'rty. In the event of such suspension 0l:"termination, upon. tequest of the City, the Consultant shall assemble the wor~ product and pu~ same in order for proper filing and closing ~nd deliver .!?aid product to City. In the event of termination, the Consul ta-nt . . shall be paid for work perform~d to the termination date; 1_0 however, the total shall nO.t exceed the guara,nteed total maximum. The City shal,l make the final determina-tic;)11 as _ to the portions of tasks completed and the compensation, to-be made •. C9mpensation to be made in compliance with the Code, of Federal Regulations. 14. STATUS OF THE ·CONSULTANT. The Consultant shall 'perfo%1n the services provided for herein in Consultant's own way as an' independent Contractor and in pursuit of Consultant~s independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. The Consultant is an independent contractor of the C~ ty .' The payment made to the Consultant .pursua·nt to this contract shall be the full and complete compensation to which the Consul tant is entitled. The City shall not make any Fe.deral or state tax w:ithholdings on· beh~lf of the Consultant. -The City shall not be required to pay 'any workers' compensation insurance on behalf .of the Consulta·nt·. The Consultant agrees to indemnify the City for any. tax, retirement contri~ution, social ~ecurity, overtime payment, or workers' compensation pa·:yment which the City may be required to make on behal.f .o,f the Consultant or .any employee of the Consultant f9r work done under this agreement. 15 •. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all plans, drawings, and other documents or maps to con'form to all applicable requi~ements of law: .Federal, State and local. Consultant shall provide all necessary supporting documents, to be' f;il:ed with any agencies 11 whose approval is necessary. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and any and all work product produced or secured to accomplish this proj ect as herein required are the property of the' City, whether the work" for which they are made to be execlJ.ted or not. In the event this contract is ter~inat.d, all documents, pl,ans, specifications, drawings, reports, anq studies shall be delivered forthwith to the City. 'Consultant shall haye, the' right to make one (1) copy of all document~ for his/her recor-ds. ' 17. HOLD HARMLESS AGREEMENT The Consultant' retained pursuant to this Agreement shall at all times relieve, indemnify, protect and save harmless the cities of Los Angeles, including its Harbor Dep~rtment, hereinafter ,referred to as PORT, and Carlsbad, her:einafter referred to as CITY, and any and all ofthe'ir, 'boards, ofticers, agents, consultants and empl,oyees from any and all claims and· -, demands, actions, proceedings, losses, li~ns; costs and judgments of any kind an nature whatsoever, including expenses ~ncurred in defending against legal actions, for death ,of or injury to persons or damage to property including property owned by or under the care and custody of PORT and CITY and for civil fines -and penal ties, to the extent that they' may arise from or be caused directly or indirectly'by: A. Any dangerous, hazardous, unsafe ordeiective condition of, in or in the premises which are the subject of this Agreement of any nature ,whatsoever, to the extent ,that its exists by reason of a,ny negligent ~Ct, omission, 12 neglect, or any pegligent ~se or occupation bt -tfie premises by Consul t<i:nt, . its dffic.ers, agerit~', \ employees, subcon'tractors Or' subcqrtsul tartts -·or consultant. B. Any operation-conducted upon or any 'tiseo~. negligent occupation 'of the premises by consultant~ its o~ficers, agents, employees, subcontractor oz: subconsultants under or pursuant to the provision' of this contract or otherwise. C. Any negligent act, omission 0 r n~gligence of Consultant, '-its officers, employees, subcontractors or s~bconsultants. D. Any failure of Consultant, its officers, agents or E. employees to comply with any of the terms or conditions of this contract: or ~ny applicaple federal',- state, regional, or. municipal law, ordinance, rule or. regulation. The' conditions., negligent operations, u'ses, occu~ations, acts,' om·j,.ssions or. 'negligertce, existing or' conducted upon or ar~sing from the. use or occupation by consultan~ On any other, premises withj;n the City ,of Carlsbad related to this Agreement. '. The Consultant also agrees to ipdemnify -PORT and ·CITY and pay for all damage or loss sl,tffered by PO~T and. CITY inoluding' but not limited to damage to or loss of PORT and/or CITY property to the extent caused by or arising out of the condi tiQns, operations, uses, occupations, acts, omissi.ons or pegligence of the Consultant within the meaning of s\lb~ections A through -E of .. this Section. The Consultant agrees tha·t it will mai:ntail') the insurance . . specified in the contract. All such insuranc~ shall be written at such limits and with such companies as a~e acceptable to PORT and CITY anc~ the Consultant shall provide PO.RT and CITY with proof of said insurance as specified below. 18. ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or. any part thereof or any monies due therel,lnder without the prior written consent of the City. 19. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this Contract by the' Consultant, Consultant shall be fully responsible to the c~ty for the·acts and 'omissions of Consultant "s subcontractor and of the persons either directly or indirectly employ~d by t~e Subcontractor, as 'Consul tant is fo'r the acts and omissions. of persons. directly employed by Consultant. Nothing contained in this Contract shall create any contractual relationship between any subcontractor of CO'nstil tant and the City. The Consultant shall bind every subcontractor an(i every subc'ontractor of a subcontractor by the terms . of this Contract applicable to Consultant's wo~k. unless' specifically noted to the contrary in the'sqbcontract .in question approved in writing by the City. 20. PROHIBITED INTEREST 'No official of the City who is. authorizecl in such capacity on behalf of the City to negot.iate, make, accept, ·or approve, or take part in negotiating, making; accepting, or 'approvin9' of any 14 architecturali engineering, 'inspection, construction or material supply contractor, or any subc<;mtractor in' connection with the construction of the proj ect, shall become directly or': indirectly interested personaily in this Contr~ct ,or' irt any. par~ thereof. No officer, employee" arChitect.,' attorn~Yi' engineer, '.or inspec'tor of or for the Ci1;.y who if? authorize~ in, stlch" capCicit¥ and on behalf of the City to exercise. any ex~c::::ut'ive, supervisory, or ,other similar functions in connect'ion 'wj,th the ,performance of this Contract shall become directly' or indir~ctly interested personally in this .Contract or arty part thereof. 21. VERBALLY AGREEMENT OR: CONVERSATION No verbal agre~ment or qonversatfon with a'hy officer" agent, or employee of the City, ei,ther before, dli,ring, or after,. the execution of this contract", shall afiect 'or modify any ,of the terms or obligations herein contained, nor such verbal ag+eement, or conversation entitles the Consul tan,t to any additional payment ' whatsoever under the terms of this Contra:ct. 22. SUCCESSORS OR ASSI'GNS Subject to the provif?ionsQf Paragraph, 17, "acId Harmless' Agreement," all terms, conditions,an~ provisions hereof shal~ insure to and shall bind each of the 'parties hereto, and each of 'their :r7espective heirs, executors, 'administra1;:brs, ,succe,ssors, and assigns. 23. EFFECTIVE DATE This agreement shall b~, effective on and f~om the day and year first above written. 24. CONFLICT OF INTEREST The Consultant shall file a Conflict ,o'f Interest Statement 15 , ,wi th the City Cierk o,f the city of Carlsbad' in accordance with the requirements of the City' of Carlsbad ·Conf·lict of J;nterest Code. 25. COMPLIANCE WITH IMMIGRATION ACT Consultant shall be aware ,of the requirements of the Immigration Reform and Control Act of 1986 (8 USC section 1101 thr.ough 1525) and shall comply with, those requirements, including, but not limited to, verifying the eligibility for employment. of all agents, employees,' subcontractors, and consultants that are included in this Agreement. 26. INSURANCE The Consultant shall obta';ll ,and maintain a policy of general liability ,and business insurance from an im;;urance company authorized to be in business in the state of Californi~,., in 'an insurable amount of not less than five' hundred thousand dollars , ' . ($ 500,000). This insurance ·shall. bein'forc;::e during the life of this agreement and shall .not be cancelled withollt ten (1'0)' days prior notice to the city. The PORT and CITY shall be. named as an additionally insured on this pol icy. The Consultant shall furnish a certifi,cate of said insu·rance to the PORT and CITY qpon' request. 27 . WORKERS,' COMPENSATION The Consultant .shall be requipad to secure the payment· of compensation to its employees injured while' performing w<;>rk or labor necessary for' and incidental to performance' Under. this agreement in accordance with the provisions of section 3700 of the Labor Code of the state of California. The Consul.tantshall be required' to file with the PORT a,nd CITY if SO required one of 16 the following: (1) a certificate of con'sent to self-insure issued, by the Director ,of Industrial ~elations, state ,of California, (2) a certificat.e ofW6r,kers' Compensation insurance issued by an admitted 'insurer, or (3) an exact copy or duplicate thereof of the policy certifie~ by, the Director or the ins~rer. 28. RELEASE OF INFORMATION BY CONSULTANT Any reports', information, ownership d:ata, or other mate~ials or data prepared or qssembled by the Cc;msul ta:ht unc;ler this Agreement shall not be made' available t'o any individual, group, organization, or governmental body py the Consultant at any time without the prior written approval of the city. IN WITNESS WHEREOF, we have hereunto set our ,hands and seals. RIGHT-OF-WAY ENGINEERING SERVICES, INCORPORATED ~.: .. ~+ .. y"v" PReSIDENT ' Title , ATTESTED: r • 1 ~ 2 :3 4 5 RESOLU'l1.ION NO.' 89-{)2 A RESOLUTION, OF THE ,CITY COUNCIL OF ~HECITY OF CARLSBAD,. CALI'FORNIA, APPROVING A CONSULTANT AGREEMENT FOR RIGHT-OF-WAY ENGINEERING SERVICES REQUIRED FOR THE BATIQUITOS ,LAGOON,ENHANCEMENT P~OJEtT 6 WHEREAS, the City of :Los Angeles, acting by an through 7 its Board of Harbor Commissioners, and the City of Carlsbad are 8 currently pursuing a proposed' ,project identified as the 9 Batiquitos Lagoon En~ancemeht Project; and 10 WHEREAS, the City of Los Ang~les and City of Carlsbad ar~, 11 parties to, a master Memorandum of Agreement (MOA) ,identifying 12 agency responsibilities to accomplish said project; and 1:3 'WHEREAS, said MOA, requires the City ofCa.:tlsbad to 14 identify and acquire certain rights-of-way required fO.:t said 15 project; and 16 WHEREAS, the, City of Carlsbad had, prepared a scope ,of 17 work and received proposals; and. 18 WHEREAS, the firm of Right,-of'-Way Eng.ineering Associates i . -' . . 19 Incorporated has been identified' as the' firm most qualified to 20 perform said work, repul ting ,in a consultant q.greemerit between 21 the City of Carlsbad and said 'firm; and 22 WHEREAS" the city of Los Angeles, through its Board of 23 Harbor commissioners, has approveds,aid consultant· agreement; 24 and 25 . WHEREAS , the 'City oiLos Angeles and City of Carlsbad 26 have previously entered iQto an agreement for the reimbursement 27 to the City of Carlsbad of all costs associated with sa,id 'Work. 28 III rJ. j \ ; ~ 2 3 NOW, THEREFORE, BE IT RESOLVED a,s f'ollows.: 1. 2. That the above recitations ,are true arid cOJ;."rect. That the attached consul ta,nt. agreement wi th Right:~ 4 of-Way Eng,ineering Associates ~ Incorporated is:hereby approved 5 and the Mayor and City Clerk are authorized arid d,irected to 6 execute said agreement. 7 3. That' following the M~yor's signature of said 8 . agreement, the city Clerk 'is further auth,Orized and c;iirected to 9 forward copies of said executed a9reement to the city, of Los 10 Angeles, c/o Board of HaJ;."bor Commissioners.' Attention: Lillian , " 11 Kawasaki, 425 S. Palos Verdes street, P.O. Bc;>x 151, San Pedro, 12 CA 90733 ,and Right-of-Way Enciineering Associates, Incorpor:ated, 13 Attention: Mr. Cecil Ryals, 210'3 El CaIilino Re?ll;, Suite 103-A, . 14 oceanside,' CA 92054, and the city Pl,anning and Municipal 15 projects Departments. 16 17 PASSED, APPROVED AND A.DOPTED, at, a regular meeting of tn-e 18 'Carlsbad City council hel~ bn the 7th day o,f ,,--.,;.;;;,M=a=r;..:;c;.:;.;h;....' _____ _ 19 1989, by the following vote, to wit: 20 21 22 23 24 25 26 27 28 AYES: Council Membe·rs Lewis, ·i<ulchin,· Pet.tine; Mamaux and Larson NOES: None ABSENT: None ATTEST: ~'/erMJ~ . ALETHA L. RAUTENKRANZ, City C]erk (SEAL) of AGREEMENT FOR THE PREPARATION OF THE PRELIMINARY ENGINEERING DESIGN AND RELATED TECHNICAL STUDIES FOR THE BATIQUITOS LAGOON ENHANCEMENT PLAN. THIS AGREEMENT, made and entered into as of the day ---- _____________ , 19 __ , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referr~d to as "City," and CH2M HILL, hereinafter referred to as "Consul t·ant." RECITALS City re~uires the services of CH2M ~ILL to provide the necessary environmental/engineering services for preparation of the preliminary plans and specifications for the Batiquitos Lagoon Enhancement Plan; and Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and a Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS The Consultant shall:. A. Conduct the necessary task~ required to prep'are the preliminary engineering for the Batiquitos Lagoon Enhan.cement Plan. Said tasks are identified in the scope of work dated February 22, 1987, a copy of which is attached and incorporated by ~eference herein. B. Attend such meetings of public and private groups as may be required in conjunction with the preparation and approval of the preliminary engineering design. C. Provide all personal tran~portation during the cour~e of this agreement. D. Hold harmless all land owners granting permission for the consultant to enter and conduct the required studies as identified in the "Scope of Work." In addition, the Consultant and/or Consultant's subcontractors shall comply with all requirements imposed by land owners in securing permission to enter the lagoon property. E. Perform all functions, responsibilities and requirements to accomplish the preparation of the preliminary engineering design for the Batiquitos Lagoon Enhancement Plan as specified in the "Scope of Work" herein above referred. 2. CITY OBLIGATIONS Under the general direction of the Planning Depattment and subject to the provisions of this agreement, the City shall: A. Make available to the Con'sul tant all records, reports and other documents deemed necessary to properly perform. the services required by the City. B. Obtain all required permits to allow the Consultant to perform the tasks identified in the PScope of Work." C. Obtain permission from property owners to allow the Consultant to both enter the private property and to perform the tasks identified in the "Scope of Work." -2- D. Review materials submitted by the Consultant in a timely manner so that the Consultant can adher'e to the time schedule contained in the "Scope of Work. " E. Announce, advertise, conduct and record all public meeting and hearings related to the completion of this agreement. 3. PROGRESS AND COMPLETION The work under this Contract will begin within ten (10) days after receipt of notification to proceed by the City and be completed within two hundred and sixty (260) days of that date. Extensions of time may be granted if requested by the Consultant and agreed to in writing by the Community Development Director. In consideration of such requests" the Community Development Director will give allowance for documented and substantiated unforeseeable and unavoidable delays nnt caused by a lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies' lack of timely action. 4. FEES TO BE PAID TO CONSULTANT The lump sum fee payable according to Paragraph 5, "Payment of Fees", shall be $ No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 7, "C-hanges in Work" • 5. PAYMENT OF .FEES Payment of fees shall be in accordance with the fees by task set forth in the above referenced Scope of Wark. Interim payments shall be paid within thirty (30) days of delivery of invoices provided, however, that no fees shall be paid until the -3- , , invoices have been verified and approved by the City. The Consultant may submit invoices not more often than monthly that represent the value of work completed to date, IDinus any prior payments made by the City. Payment of any fees pursuant to this section shall not constitute a waiver by the City of any breach of any part of this agreement. 6. FINAL SUBMISSIONS Within the Draft deliver to twenty-one Preliminary the City (21) days of completion and approval of Design Report, the Consultant shall the Final Preliminary Desig.n Report in accordance with the referenced Scope of Work. 7. CHANGES IN WORK If, in the course of this Contract and design, changes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the conditions of the Contract is warranted, the Consultant or the City may· request a change in Contract. Such changes sh~ll be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City or Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual l agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council. Such supplemental agreement shall not render ineffective or invaiidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall be ordered by the Community Development Director who will inform a principal of -4- the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 8. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not empl.oyed or retained any company or person, othet than ~ bona fide e~ployee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making this agreement. For breach or viol~tion of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, Ot contingent fee. 9. NONQISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 10. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this Contract, the City may terminate this Contract for nonperformance by notifying the Consultant by certified mail of th~ termination of the Co ntract. The Consultant, thereupon, has fi ve (5) wor king days to deliver said documents Owned by the City and all work in progress to the City Engineer. The City Engineer shall make a determination of fact based upon the documents delivered to City -5- of the which is percentage of work which the Co,n~~l tant has performed usable and of worth to the City in having the Contract completed. Council, the Based upon that findiRg as rep6rt.ed to theCi ty Council shall determine the final payment of the Contract. 11. DISPUTES If a dispute should arise regarding the perfor'mance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between part~es. Such questions, if they become identi fied as a part of a dispute among pe.rsons operating under the provisions of this Contract, shall be reduced to writing by the principal of the Consultant or th~ City Engineer. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The City Engineer or principal receiving the letter shall reply to the letter along with a recommended method of resal ution wi t'hin ten (10) days. If the resolution thys obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of t'he City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involv'ed, although nothing in this procedure shall p~ohibit the parties seeking remedies available to them at law. -6- 12. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professiBnal services ot designing the preliminary engineering for the Draft Batiquitos Lagoon Enhancement Plan and any payments made to Consultant are compensation solely for such servicecs • Consultant shall certi fy as to the correctness of all designs and sign all plans, specifications, and estimates furnished with Register~d Civil Engineer's number) • number, (or Landscape Architect's registration 13. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon r~quest of the City, the Consultant shall assemble the wor~ product and put same in order for proper filing and closing and ~eliver said product to City. In the event of termination, the Cohsultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City s hall make the final -determinati.on as, to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. 14. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own -way as an independent Contractor and in pursuit of Consultant's Independent calling, and not as an employee of the City. Consultant shall be Under control of the City only as to the result to be accQmpli~hed and the personnel -7- assigned to the project, but shall consult with the City as provided for in the request for proposal. The Consul tant is an independent contract_or of th-e City. The payment shall be the made to the consultant pursuant to this contract full and complete compensation to which the is entitled. The City sh~ll not make any federal or withholdings on behBlf of the consultant. The City consultant state tax shall not be required to pay any workers compens~tlon insurance on behalf of the consultant. The consultant agrees to indemnify the City for any tax, retirement cont-ribution, social security, overtime payment, or worker's compensation payment which the City may be required to make on behalf of the consultant or any employee of the consultant for work done under this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all ~rawings and specifications to conform to all applicable requirements of law: Feder~l, State, and local. Consultant shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are th,e property of the City, whether the work for which they are made be executed or not. In the event this Contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered -8- forthwi th to the City. Consultant shall have th,e right to make one (1) copy of the plans for his/her records. 17. HOLD HARMLESS AGREEMENT The City, its agents, officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any intentional or negligent acts, errors or omissions of Consultant or Consul tant 's agents, employees, or repre.sentati ves. Consultant agrees to defend, indemnify, and save free and harmless the City and its authotized agents, officers, and employees against any of the foregoirtg liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregOing liabilities, including liabilities or claims by reason of alleged ~efects in any plans and specifications. 18. ASSIGNMENT OF CONTRACT The Consultant shall not assign this Contract or any part thereof or any monies due thereunder without the prior written consent of the City. 19. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this Contract by the Consultant, Consultant shall be fully responsible to the City for the ~cts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for -9- the acts and omissions of persons ~irectly employed by Consultant. Nothing contained in this Contract shall create any contractual relationshjp between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. It is understood that the Consultant intends to engage these sUbconsultants for performance of portions of th work: Tekmarine Michael Brandman and Associates RMW Paleo Associates D. S. Josephson Ocean Surveys Inc. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behal f of the City to negotiate, make, acc.ept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering inspection, construction or material supply Contractor, or any subcontractor in connection with the construction of the project, shall be~ome directly or indirectly interested personally in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer,or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or -10- other simil ar function.s in connec.ti.on with the per formance of this Contract shall become directly or indirectly interested personally in this Contract or an'y part thereof. 21. VERBAL AGREEMENT OR ~ONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this Contract, shall affect Qr modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this Contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement", all terms, conditions, and pruvisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 23. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 24. with the Code. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement the City Clerk of the City of Carlsbad ~n accordance with requirements of the City of Carlsbad Conflict of Interest 25. INSURANCE The Consusltant shall obtain and maintain ·a policy of liability insurance from an in.surance company authori·z.ed to be in -11- business in the State of California, in an insurable amount of not less than one million dollars ($1,000,000). This insurance shall be in force during the life of this agreeme.nt and shall not· be cancelled without ten (10) days prior notice to the City. The City shall be named as an additionally insured on this policy. The Consultant shall furnish a certificate of said insurance to the City upon request. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CH2M HILL CITY OF CARLSBAD: By Mayor Title APPROVED AS TO FORM: ATTESTED: City Attorney City Clerk -12- .~ Agreement Among " . The City of Los Angeles, The City of Carlsbad, The California Department of Fish and Game, The California State Lands Commission, The National Marine Fisheries Service, and The United States Fish and Wildlife .Service. To Establish a Project for Compensation of'Marlne Habitat Losses Incurred By Port Development Landfills Within the Harbor District of the 'City of Los Angeles By Marine Habitat Enhancement at Batiquitos Lagoon WORLDPORT LA -_." ---..":~-:-... -: ... ......::.-.-~~ .......... '''-----.... '-"" ............... _ .... ---.... -~----_. -_ . .:.--. --.----.... -.. _____ ... ~---..... _~z,..... -r.-_~~__:i~~_ti~ : :' -:;tf . ---.~ -: -.> ~AM:N; THE CITY CE' ra; ANQn;ES-, THE CITY <F cARLSBAD, THE CALIFORNIA DEPAR'lMENT <F FISH.·AN) ~, THE CALIFORNIA STATE IANts cx:MtfiSSlOO, THE NATIONAL MA,RINE FISHERIES SERVIcE, AND THE tmTED STATES FISH AND WIIDLIFE sERVICE. TO ESTABLISH A ImJECr-FOR CXJt!PEl&TlOO CF MARINE HABITAT -LOSSES noJRRED BY OORl' [J!VEU)I?MENr IANl;FILLS WImIN THE HARBCR DISTRICT (F Tim CITY cR' r,q:; ANGElES BY MARINE HM3ITAT ~ AT BATlCUI'l'CS IAaxN THIS AGmEMEN'l' is entered into by the UNI'l'ID. STATFs CE' MERI~, a.ctin;J by am thralgh the FISH AND WUDI,"IFE SERVICE, tmTF.P STATES DEPARlMENT (F THE INTERIOR ("nqs") am the NM'latAL M.l\RINE' FISHERIFS SERVICE, ~TlOOAL CCFANIC AtI} .M]O;PHERIC ADfiNISTRATIOO, tIf.tTED S'l'ATfS DEPAR'lMElfl' OF ~ ("tMlS"); the STATE CE' CALIF(.RaA, act:m:J by am t:lu:oogh the--DEPARlMENT (R FISH AM> GUt1E ("<Dro") and the STATE LANOO CCHaSSION ("SIC"); the CI'.N OF CARLSBAD ( "CARLSJW)"); am the CITY <F IDS MQLES, act:mJ by aIXl through the BOt\H) CF ~ cx:MaSSlOOERS (~"). I. ltiIEREAS, the B)AR) is aui:OOrized to fOster the omerly and necesSaJ:y developnent of the ~rt of Ia5 ~el~, consistent with the p1b1ic trust for-navigation, ocmnerce, am fisheries incl~ the creaticn of new lam in the Harbor District of the City of IDS Angeles ("Harlx>r District") by laIXlfill; am II. WHEREAS, the El'lS am the CD'G have as their pr:imary mandates, in this matter, the cooservation, ~, and enhancanent of marine fish am migratoxy bil:ds aIXl their habitats; incllXlin;r the planning of biological loss avoidance, minimization, am canpensation; am the Rt1FS has a$' its prbnary mamate, the cooservation, protection, and enhancEment of marine fisheries rescmces, including the planlliD;J. of biological. loss avo.idaooe, minimization, am cxmpensation; and ' III. ~i port d~opnent laBifil1s are aiiUbject to State regulatial. plr.u.nt tD the califomia Q)astal.Act am Federal r83U1aticn Pn"suant tD the Rivers and-Harbors Act am the Clean Rlter Act; am -, IV. WBERFM, the B)AR) and its tenant, the Pacific & Texas Pipeline & Transportaticn catpmy ("Pacific Texas") ccnteap;l.ate an :inminent harbor developnent within the Harbor District, oaw..st;ing of a 1aIXlfill totallir¥J appt'OlQmilte1y 106 acxes at an average elevatial -.. -1- -------~ .... :-~~> -=-~";,=, •• u. _ .~~ ..... __ . _____ "' _______ ~ _______ ~ __ • _________ ~ _ .",.~ __ ._.,;,.. ... --~~ ___ ~~~ ...... -~~~~~~~~~J..~~~ of +20 feet MLLW (which is equivalent to 110 acres above mean high wa ter) as pennitted by Corps of Engi,neers Penni t No. 85-.97 and California Coastal Col111lission Permit No. 5-85-623-A (the "Pacific Texas Landfill" or "Landfill"); and V. WHEREAS, the Pacific Texas Landfi 11 and other ,harbor landfills will permanently eliminat~ marine fish and wildlife habitat values that FWS, NMFS and CDFG recommend be compensated by creation of equivalent marine fish and wil dli fe habitat values rna intained on a permanent basis; ,and ' VI. WHEREAS, the parties intend that habitat loss compensation for the impacts on the marine environment be provided in advance of or concurrently with the habitat losses predicted fram harbor landfH1s; and VI!. WHEREAS, the parties concur that creation of appropri'ate fish and wildlife habitat values in advance of or concurrently with the loss requi res a procedure whereby habitat losses which will be incurred by specified landfill development in the Harbor District, inc1udi ng the Paci fic Texas Landfill, could be charg~d aga inst the habitat credits; and VI II. WHEREAS, the parties concur that creation of 'new habitat value within the Harbor Dhtrict to offset large-scale habitat losses within the Harbor District is infeasible; and IX. WHEREAS, since shallow, ,estuarine coastal embayment habitat in Southern California, with its re1ative1y-~igh value to marine fishes and migratory birds, has been reduced in area at a greater rate than that of deep water habitat, NMFS, mFG, and FWS' judge that compensation for adverse impacts upon the marine ecosystem should ' emphasize the creation of shallow water, coastal embayment habitat; and ' X. WHEREAS, FWS, NMFS, mFG, CARLSBf(l, and BOARD' have identified Batiquit()s Lagoon, within the City of Carlsbad, County of San Diego, California (the "Lagoon"), as an appropriate' location for creation of habitat values to offset the habitat losses 'within the Ha rbo r Di stric't:,; and XI. WHER£js~ pursuant, to California P~b11c Resources Code Section 3100C1J;:e:t:-seq., the State Coastal Conservancy ,has described a proposed proj,~~c:t.::forttle -physical alteration of the Lagoon to create fish and wlldl1fe, habitat by restoring tidal influence, ,recontouring , the Lagoon botton, controlli'ng causes of sedimentation throusjl , structural facilities, maintaining the Lagoon as altered, ,and otJIer ' _ actions (the ,"Lagoon Enhancement Project· or ·Project·) as, gen~rally " and conceptually described, 1n the draft Bat1qu1to$ Lagoon Enhancement Plap (the "Enhancement Plan" Qr, ·Plan·) and whictlare IIO~"" ' spec1fically described in' the, ~xcerpted sections of the Plan w.ich'i$, attached hereto as Exhibit ·A" and incorporated herein by this reference; and -2:- _ ..... ____ ~_. __ • ___ ~ _. __ ~_ ~ -.. ____ ._".~ __ --:-'" __ --"" __ • __ ............ _ .... __ .,J~ ... ,~ ._ XII. WHEREAS, CARLSBAD is the local goverrment wit~ jurisdiction over the Lagoon and ouch of its watershed area, and desires to aSSist in expediting the enhancement of the Lagoon; and XIII. WHEREAS, the parties have detennined tha,t (1) CARLSBAD is the most appropriate agency to design and construct the Lagoon Enhancement Project, and to obtain the necessa~ property ri~hts for construction and maintenance of the Project, (2) SLC is the IOOst appropriate agency to hold the necessa~ property rights for construction and maintenance of the Project, and (3) CDFG is the most appropriate agency to assume responsibility fQ~ management, operation, maintenance and monitoring of the Project upon completion of cons truction. NOW, THEREFORE, IT IS N2REED THAT: 1. Short Description ,of pro~ect. The Project, understood ,to be the Preferred Alternative of thenhancement Plan if ~ndertaken after completion o~ environmental analysis pursuant, to Sections 6(e) and 13 below, shall be deSigned, constructed, operated and maintained in accordance with Exhibit A. The Project, as defined herein, includes the envi ronnental documentation, design, pennit applications, property acquisition, construction, monitoring and maintenance activities necessary to implement the Plan','including: (1) the acquisition of property interests in,the Lagoon (as described in Section 3, below); (2) the physical reconfiguration of the Lagoon and Lagoon bottom through dredging and excavation.as·requi"red to restore tidal inflows and aid in maintaining an open Lagoon mouth; (3) creation of new intertidal and subtidal habitats (aVi;lflable for ,marine habitat loss compensation as set forth 1n Sec~ion 12 below; (4) construction of sediment control faci 1 ities including pro te c,ti on of the riparian habitat in Encinitas Creek drainage in order to control sediment in the Lagoon (5) provision of ·a mana'g~' freshwater marsh to preserve like habitat; (6) construction of. cal ifo,rnia'least tern nesting sites, including fences, to preser·ve like .habitatj(.7) di spasal of dredged and excava ted material by technically feaSible, environmentally acceptable and cost-effective methods; (8) monitQring act tvi ties to de tenni ne the condi ti on of the cons tructed .Lag'oon on a regular baSis, and (9) necessary maintenance activities. The Project, as defined herein, does not include portions of ,the Enhancement Plan which recommend nonstructural measures for sediment control or wh ich describe construction orma intenance of public access faclliti~s (bike path, trail s, parking, interpretive faclli ties. viewpoints, bridge. crOSSing, etc.); provided however, that these public access facilities will be analyzed in the envi ronnental documentation for the Project. It is estimated that the Project will create the following acreages of habitat type within the 596 acre wetlands area of the Lagoon: subtidal habitat (-2.5 feet,to -8.0 feet MSL), 220 acres; un vegetated intertidal'habitat (-2.5 feet to +2.5 feet MSL), 170 acres; salt/brackish marsh, 139 . acres; freshwater marsh, 33 acres; 'and least tern nesting sites, 34 acres. SUitable sandy ma,terial dredged from the Lagoon to create said acreages shall be used t,Q replenish bea~hesi n the City of carl sbad adjacent to the Lagoon property, if penni tted and - 3 ... economically feasible, and as will be descr;'bed in Project's envi rormenta,l documentation and design work. 2. Lead Agenc? for 'CE~A Comp1 iance and .Permits • CARLSBAD shall be the lead agency or canp ; ance with the California EnviroflTlental Quality Act ("CEQA") and shall be responsible for obtaining all permi ts and approval s necessary for Project's construction. In accordance with this Agreement and the provisions of Exhibit "B," attached nereto, BOAID will provide necessary resources to allow CARLSBAD to meet said obl igations. FWS, NMFS, CDFG, SLC, and BOARD shall cooperate with CARLSBPD in supporting applications for such pennits and approvals. CEQA work sha·1l be coordinated with the Army Corps of Engi neers (hereinafter "Corps"), the lead agency for the environmental work for the Project, under the National Environmental Policy Act ("NEPA"). ' 3. Property Acquisition. CARLSBPD sha1,l be responsible for obtaining fee titl e orpennanent easements sufficient to allow CAfl.SBPO to enter the property and conduct whatever su rveys and other actions necessary to accomplish construction of the Project and to assure maintenance and monitoring of the Lagoon as fish and wildlife habitat in perpetui ty as descri bed in the Enhancement Plan. Such land use constraints shall' run with the title of ~he land. PhYSical . construction of the Lagoon Enhancement Project shall not commen~e until SLC, CDFGand BOAID have detennined tha,t the appropriate land interest ("Land Interest") has been' obtained by CARLSBAD and transferred to the SLC; provided however, that if BOARD authorizes construction to begin after an order of inrnediate posseSSion has been obtained, then BOAID and CARLSBPO agree not to abandon the ' condemnation action and the transfer of the Land Interest to SLC will be final ized on canpletion of the condemnation action., If CARlSB'AD acquires the necessary Land Interest, the cost of such acquisition shall first be approved by OOAID. Any Land Interest acquired and capita) improvements constructed thereon as \ell as all other captta1 improvements constructed as part of the Lagoon Enhancement Project shall beheld in trust for the Peq>le of california as Public Trust assets without regard to, the source of the monies used for their acquiSition or construction, and legal title to such assets shall becane vested tn, the SLC. The parties acknowledge it is their intent that' the Project will, provide, in perpetuity, an enhanced fish and wildlife habitat in, Batiquitos Lagoon. The SLC shall tssue, to CDF~, for the miixillllll1 period allowed' bY' law, a lease over the property covered by the Land Interest it holds to allow management and continued maintenanCe of Project. CDFG shall provide CARLSBM with a license to enter the property covered by the Land Interest in order to carryout cons truction hereunder. However; if CARLSBAD 1s not able to acquire the Land Interest by a purchase or dedication in a timely way, the BOAR> may authorize construction to begin if an order of im,.d1ate possession is obtained after filing of the appropriate condemnation - 4 - action; provided however, if the BOARD determines that significant issues exist in the condemnatio~ proceed{rig which could resu1t in an award in excess of the amount BOARD is will ing to approve for such' Land Interest, then construction will not canrrence until the issues are resolved to the satisfaction of BOARD. In that event the parties hereto agree to cons ider extendi ng the time 1imi ts for the commencement of construction in accordance with the provisions Of Section 6(b) by the time requi red to achieve such resolution. If the BOARD does not elect to proceed because of antici'pated costs, the project shall be deened cancelled pursuant to Section 14(b) and the provisions of Section .15 shall apply. 4. Lead Agency for Project Construction. DeSign and construction of the Project, including the preparation of any additional sediment sClTlpling, apprOpriate archaeOlogical survey, environmental documentation, design and engineering servic~s and cons truct ion, shall be done by CARLSBPD in c~Hls14l tation wi th CDFG, FWS, NMFS and Corps, shall be in substantial cO.nformance with the Enhancenent Plan, and shall be supported. as further provided in this Agreement and in Exhibi~ "Bu, attached hereto, by ~e BOARD. 5. Project Funding. (a) BOARD and/or Pacific Texas shall provide necessar,y funds for desi9n, construction and maintenance of the Project . including: (1) sediment sampling, appropriate archaeo1ogic survey, environmental documentation, preliminary deSign plans, necessary engi neering studi es -and preliminary cost estimates, (collectively referred to as "Preliminary Design·); said Preliminary Design shall be in sufficient detail to: clearly demonstrate the feasibility of, and provide an estimate of the costs of constructi ng Project; provide infonnation for preparation .of the necessary envi ronnenta1 documents and provide specific direction for preparation of final plans and. specifications necessary for Project's construction andma intenance; (2) required activities for obta 1n1n9 all permits and approval s necessary for construction of the Project (collectively referred to as "Permits and Ap·ptova1s·); (3) reqt,fired activities for obtaining. the Land Interests; (4) Project final design (plans and specifications), construction and construction management; and (5) onni toring and DB intenance of the constructed Project as 'described 1n Section 10, below. It is unders~9od that the funding obligations of Pacific Texas under this Agreement shall be fully satisfied by deposit of up to $20 million into the Escrow Account pursuant to Section 9(a} below.· In accordance with Ca1iforni a COastal' Conmission Permit No. 5-85-.623-A, Pacific Texas shall initially deposit $15 millio'n into. said' Escrow Account. If Project ~nager, as described in Exh-1 bit B, detennines that addi tiona1 funds are necessary, Pacffic Texas shall deposi t up to an additional $5 million. BOARD shall be obligated to provide' additional funds i'n excess of $20 million required under this Agreement, including providing additional funds into the Escrow - 5 - Account, subject to its right to elect not to proceed pursuant to Section 6(c), 6(e) and Q(g), below. If BOARD elects not to proceed pursuant to one of these sections, its funding obligations nereunder shall be tenninated. (b) If the Pacific Texas Landfill is not constructed in the Harbor District, BOARD shall have the right, but not the obJigation, to proceed wi th the Project pu rsuant to th i s Agreeme·nt., BOARD wi 11 fund any remaining necessary work out of the Ha·rbor Revenue Fund in accordance wi th Section 9{f). In sucn event, the Escrow Accoun.t described herein and in Section 9(a) shall not be r~quired. 6. Project Schedule. (a) All parties hereto shall perfonn their obligations hereunder with all due speed so as to facilitate progress of the Project through Project's Construct;-on Certification IlJrsuant to subsection (k), below. . (b) Implementation of the Project shall be undertaken in an expeditious' manner so that Const.ruction Certification pursuant to subsection (k), below, occurs not later than four (4) years fran the effective date of this Agreement.. It is further the intent of the parties that physical construction of the Project shall begin nO later than thirty-six (36) months from the effective date of thi's ' Agreement as defined in Section 16, below. If coristructton cannot begin withi'n said t.ime, the Project shall be deemed cancelled and the 'provisions of Section 15, below, shall apply, u.nless· CDFG, :FWS,and NMFS agree in writing to an extension of this time limit. If cons truct ion cannot begi n wi thin said time, mFG, FWS and NMFS agree to consider unforeseen events beyond the control of CARLSBAD including, but not limited to, pennits, land interests, mFG, FWS and NMFS review, etc. in granting such. written extension. .. (c) The scope of work of the consultant undert~k1.ng the Preliminary Design will require the consultant to provide CARLSBAD, BOAR), mFG, FWS, SLC and NMFS wi than estima·te of the cost of construction for the Project and with an estimate of the. expected annual cos ts of ma intaining the L~goon as desc r1bed in Section IO(e), below. Within forty-five (45) days of receipt of these estimates, BOAR) shall detennine and notify all other parties hereto in writing whether it elects to proceed with the rema in1ng funding obl igations pursuant to Sections 5, 9 and 10.' It is understood that the grounds for not electing' to proceed include: an unreasonably high estimate of Project's cons.truction. costs; a detennination that annual maintenance costs wf1l exceed the limit set in Section 10 (b) below; an engineering detennination that the Lagoon cannQt be physically constructed to pennanently create tidal and intertidal habitat substantially as desc ribed in the Enhancement Plan; a detennination that the necessary Property Interests cannot be obtained 'within a reasonable time or for a reasonable .sum of mon~, if any; a detenninat10n that the Lagoon is not suited for creation and ;;. 6 - . -. .......... -.~--;",;;.. - maintenance of sufficient habitat value 'units to, at a minimUni, mitigate the Pacific Texas Landfill; or a change instate law which, prevents the City of Los Angeles from .using excess habitat uni'ts created by the project to mitigate future Port projects. If BOARD does not elect to proceed, the Project shall be deemed cancelled and the provi sions of Section 15, below, shall apply. . (d) Upon.completion of the Preliminary Design and prior to initiating preparation of the Envirol1J1ental Impact Report/Statement, CARLSBAD shall submit the Preliminary Design for the review and/or approval of BOARl, mFG, FWS, SLC, NMFS and Corps. The scope of thl's review shall be limited to the consistency -of the Pre1iminaryDesign, wi th the Enhancement Plan. CDFG, FWS and NMFS shall have forty.;five (45) days after receipt of the Preliminary Design to review the preliminary design plans and to ei'ther approve then or to submit written comments to CARLSBAD. Failure by any of these agencies to respond within this period shall result in t~e forfeiture of such' party's review rights under this subsection and shall cons.titute approval of the nonrespondi ng agency. CDFG, FWS and NMFS shall-each approve the prel iminary design pl ans if they substantially conform, as described in Section 20, below, to the Enhancement Plan, and no agency's approval shall be unreasonably withheld. If unqualified approval s are not received frOOl each of these agencies, CARLSBAD, in consul tation with the BOARD shall modify the Prel iminary DeSign to the satisfaction of all these agencies before proceedi ng further wi th the Project. . (e) If BOAII> has notified all other pa.rties of its election to proceed with the Project pursuant to subsection (c) above, and upon approval of the Preliminary DeSign by CDFG, FWS and NMFS pursuant to subsection (d) above, CARLSBAD shall proceed with preparation of the Draft and Final Envi rorrnental Impact Report and En.vironmental Impact Statement. Within forty-five (45') days of certification of the Final Envi rolll1ental Impact Report or ·approval of· the Final Environmental Impact Statement, wh1-chever occurs later, BOAII> shall detennine and notify all other parties hereto in wri-tlng whether it elects to proceed with the remaining funding obligations pursuant to Sections 5, 9 and' 10. Grounds for not electing to proceed are amcmg those set forth in Section 6(c). If BOARD dOes not elect to proceed, the Project shall be deemed cancelled and the provisions of Section 15, below, shall a'pply. (f) If BOAR> has notified all other parties of its election to proceed with the' Project pursuant to this subsection, CARlSBAD shall grant project: approval and, provided that all requi rements of CEQ A have first been satisfied., shall proceed with preparation of 'construction plans and speCifications, and a bid package for construction of the Project (the -Final Design-), based upon the preferred alternative described in' the Final EIR/ElS. Upon' cOOIpletion of the Final DeSign and prior to advertisement for·bids CAIl.SBAD shall furnish BOARD, FWS', NMFS, SLC.and:mFG·with a copy of the bid package for the construction of the Project, inclUding all. - 7 - .. ",..-. -.:.. .... ' engineering drawings for review and/or approval. The scope of this review shall be limited to the consistency of the Final Design with the certifi ed Final Environmental Impact Report and/or approved Final Envi ronnental Impact Statement. CDFG, FWS and NMFS shall have forty-five (45) days after receipt of the bid package to either approve it or to submit written COO1l1Ents to, CARLSBAD. Fa ilure by any of these agencies to respond within this period shall result in forfeiture of such party's review rights under this subsection and shall consti tute approval of' the, nonresponding agency. CDFG, FWS and NMFS shall each approve the Final DeSign if it substantially conforms, as described in Section 20, below, to the approved project described above, and no agency's apprOy~l shall be unreasonably withheld. If unqualified approvals are not received from each of these agencies, CARLSBPD, in consultation with BOARD s'h~ll I\1)dify the Final DeSign to the satisfaction of all these agencies before , proceedi ng fu rther wi th the Project. (g) Upon receipt of construction bids, CARLSBAD shall inmedlately forward copies thereof to BOARD, CDFG, S~C, FWS an~ NMFS. Within forty-five (45) days of receipt of the bids, BOARD shall detennine and notify all other parties hereto in wri ttng whether it elects to proceed with the renaining funding obligations pursuant to Sections 5, 9 and 10. The grounds for 'not electing to proceed are understood to be among those given in subsection 6 (e). If BOARD considers the lowest b.1d too high, CARLSBAD agrees to. rebid the project if BOAm so des ires. If BOARD does not elect to. proe,eed,. the Project shall be deemed cancelled and the provisions of Sect,ion 15, below, shall apply. . (h) During Project's constructio~, CARLSBAD shall provide all parties with access to the Project site and infonnation on progress of the various construction activities in accordance wit~ Section 8. Project Manager shall further provide ~ll parti es preliminary notification in writing that cons truction has been completed (the "Preliminary Notification-)-. Upon receipt of sudl Prelimi nary Notification, BOARD, mFG, FWS and NMFS and shall have forty-five {45} days to inspect the Project site and ·to notify the, Project Manager in writing of each party's preliminary de:~ennination {the "Preliminary Detennination-} as to Whether the pr.oject's construction has been canpleted in accordance with all pennits obtained for the Project and with the approved Final Design. Failure by any of the-a~ve-named parties to respond within this period' shall result in a forfe.iture of that party's review rights Linder thiS subsection ancr shal] constitute an affinnaUvePreliminary Determination of the nonresponding agency. Each above-named agency shall make its Preliminary Detennination 1n the affinnative .if the Project's construction substantially confonns to the ap,proved Final Design, and no agency' s approval shall be unreasonably withheld. If the Prel iminary Detennination of any above-name4 party is not in the unqualified affinnative, the, reasons· therefor stlall be stated with particularity. UPOn expiration of th,is forty-five (45) day period, CARLSBAD shall decide -Wiether to w1.thdra~ thePrel1m1.hary - 8 .. " .. Notification or to provide all parties with final notification in writing that construction of the Project is canplete (the "Final Notification"). , (i) LlPon receipt of Final Notific~tion, a qualified party satisfactory to CDFG, FWS and NMFS shall unde'rtake a study and prepare a written report of the attu'al acres of the Lagoon which are inundated with water at various tidal levels (MHHW, MHW, MLWand MLLW) ove r one (1) full lunar cycl e (the "Tidal Monitoring Study"). Said report shall be provided to all parties and Corps within sixty (60) days after Final Notiffcation. Funding for conduct of the Tidal Monitoring Study shall be from the Escrow Account described 1.n Section 9(a), below. (j) Upon receipt of the Tidal Moni"toring Study, any recalcul ation of habitat units pursuant to Section 12( e), below, shall be performed. ' (k) Within forty-five (45) days of the recei·pt of the Tid,a1 Monitoring Study and based on any such recalculation, CARLSBAD, BOAm, mFG, FWS and NMFS s hall each make a final determination (the "Final Determination") as to whether the Project's conStruction has been canp1eted in' accordance wi th all permi ts obtained for the Project and the approved Final DeSign, and if the, Final Detennination is affi rmative, shall certify this determination to all other parties and Corps. Failure by any of the above-named parties to make a Final Determination ,wi thin this period, shall result in forfeiture of that party's review rights under this subsection and shall consti tute an affirmative Final Determination of the nonresponding agency. Each above-named party shall make its Final Determination in the affirmative if the Project's construction substantially conforms to the approved Final DeSign, and no agency's approval shall be unreasonably wi thhe1 d. Construction of the Project shall be deemed' complete upon said certification byebch' of the above-named parties. (The certification of all these parties is, hereinafter co11ective.1y referred to as the "Construct10n Certification.") 7. Linkage w.ith Harbor District landfillS and Release of cl aims. (a) In accordance with California Coastal Canmission Penn'it No. 5-85-623-A no fill shall comnence for the Pacific Texas Landfill until Pacific Texas has deposi ted $15 million into the Escrow ·Account pursuant to Section 9(a), below. It is understood that under the terms of said pennit, upon deposi t of up to $20 ml111 on into the Escrow Account, Pacific Texas shall have no further obl1gatio~ to mi tiga te for the loss of fish and wil dl1 fe habitat val ues caused by the Pacific Texas Landfill except as provided in Corps ~nnit No. 85-97. It is further unde.rstood that unde.r the ~erms of the escrow instructions to be prepared in accordance with said ,Coastal . Commission Pennit, in return for this limitation of :mi~igat10n res pons ibi1it1es, Pacific Texas will be required tQ fO.rever releas~ - 9 - and discharge all parties to this Agreement, and their officers, agents and anployees, fran any cla fms, demands, damages or judglll!nts arising out of implementation of or failure to implement any mitigation project for the Pacific Texas ~andfill, i,ncluding, without 1 imiting the above, any claims for mismanagement, mtsappropriation or misuse of said Pacific Texas deposit. (b) Except for the Pacific Texas Landfill, and in accordance with Corps Penni t No. 85-97. Cons truction Certification (pursuant to Section 6{k), above) or certification of completion of another project mitigating the effects of the Pacific Texas Landfill (pursuant to Section 15, below) is a prerequisite to any filling in the "outer harbor area" of the Harbor Distri"ct by BOAm, or any of its tenants. 'Further, in accordance with said pennit, if said 'certification has not been made wi thin four (4) 'years of initiation of the Pacific Texas Landfill's construction, BOARD, or any of its tenants, shall not canll1!nce any inner harbor fills requiring off-site mitigation of biological impacts until mitigat.ion for such inner harbor fills has been accomplished. 8. Construction Monitoring. CDFG,' FWS and NMFS, at their cost, s'hall have the right to monitor construction of the Project, 't-hrough their staffs and/or through contract with~ an engineering consultant, to ascertain whether construction is proceeding in accordance with the approved Final Design. Each party shall have the right to visit the Project site, as needed, and shall be furnished wi th all n'eeded infonnatiQn by the Project Manager, to carry out effective monitoring. In the event that construction is not proceeding in substantial confonnance with the Final DeSign, or cannot so proceed due to ons ite condi tions or other reasons, CAR~SBAO shall immedi iltely notify all parties to tbis Agreement. At CARLSBAD's request, BOARD,· CDFG, FWS and NMFS agree to participate in di SCl,lSS ions rega rdi ng appropriate steps to remedy the situation. 9. Establishment of Accoun.ts. and Use of Funds. Th~ funds de,scribed in Section 5 shall be deposited' and administered in the followi ng rna tter: .' (a) Escrow Account. Prior to start oT construction of the Pacific Texas Landfi 11, Pacific Texas shall be required to deposi t $15 million (th. -PacifiC Texas Deposit-) into·an escrqw account (the "Escrow Account-) which shall be established within s'ixty (60) days. of the effective date of tMs Agreement by BOARD for the purpose of holding these funds and disbursing these funds consistent with this Agre8l1ent. The esc row ins tructions for tile Esc·f"OII Account, 'prepared by the Executive Director of the' california Coastal Canmission in accordance with Coastal Pennit NQ. 5-85-623-A, shall be reviewed and· approved by CARLSBAD, BOARD and Pacific Texas in writing prior to . establishnent of the Escrow Account. BOAR) shall be the trustee for the Escrow Account for the benefit of the parties hereto.' Under the escrow instructions, BOAIt) shall be authorized to request" -10 - disbursement of funds in the Escrow Account: (i) for costs incurred by CAR-SBM or BOAm in preparing Prel iminary Designs, in preparing environmental documents, in obtaining Pennits and Approvals, in obtaining title to the Land Interests and incarryi.ng out the Final Design, construction and the Tidal Monitoring Study; (ii) for acquisition of the annuity, described in Section lO(b), below; itnd (iii) for transfer into the Investment Account, described in Section lO(c), below. The esc row ins tructions shall provide that the ,escrow agent shall be responsible for notifying all parties hereto of any deposit into or disoorsement fran the Escrow Account. Project Manager may require Pacific Texas to deposit up to an additional $5 mHlion into the Escrow Account in accordance ·with Section'5 herein. (b) Funds Advanced by BOARD. CARLSBAD, after receiving prior BOAm approval, is expending funds for the. purpose of preparing the Pre1 iminary Desi gn prior to the time of the Pacific Texas Depos it. Under the provi sions of a separate reimburseme~t agreenent, BOARD is advancing funds to reimburse these e!Cpendi-tures·. BOARD may wi thdraw funds fran the Esc row Account after the Pacific Texas deposit is made to reimburse itself for such advanced funds. (c) Return of Funds to Pacific Texas.. If the Pacific Texas Deposit is made and thereafter Pacific Texas and BOARD fonma1ly abandon plans to undertake the Pacific Texas Landfill ,. any unexpended portion of the Pacific Texas DepQsit .shall be returned to Pacific Texas, reserving therefran any funds needed to satisfy existing and non-cancellable monetary obligations of the parties entered into in expectat i on of reimbu.rseme fit wi th fu nds fran the Pacific Texas DepOSit. (d) Interest. The balance of funds in the Escrow Account shall be invested 'in a prudent manner so as to earn the maximum return subject to the paramount.goal of preservation of principal. All income accrued through such investment shall be. distributed in the same manner as the principal. (e) Records/Audits. All records, invoices, vouchers and 1 edgers, correspondence' and all written documents of any kind developed during the course of the Project which re]a te to the expenditure by any party Qf BOARD or Pacific Texas funds on the Project shall be retained for a period of four (4) years following Constr~ction Certification and shall be available, to the extent provided under applicable law (such as the Public Records Act., California Goverl1J1ent Section 6.250 et seq.), for audit by CDFG, FWS, NMFS, $lC, CAR.SBIC and BOAm. Nothing in this. Section shall be deemed a waiver of' the attorney-cl ient or other applicable privi leges of any pa rty • (f) Harbor Revenue Fund. The parties to this Agreenent . acknowledge that all monies payable by BOARD shall be paid sol~ly out of the Harbor Revenue Fund and not the general fund of the~Ctty of Los Angeles. -11 - (g) No Obligation of Other Funds. Nothing herein shall be construed to obligate CARLSBAD, SLC, FWS, NMFS or CDFG, except as specifically provided herein, to expend its own funds, or any other publ ic fu nds except for nonreimbu rsed staff adm;n; strative time and expenses. 10. Project Maintenance Responsibilities. Upon Construction Certification, CDFG agrees to assume responsibility fQr monitoring and rna intenance of the Project cons i stent wi th the Final Determination for the primary purpose of preservation ;'n perpetui t,Y _ of fish, wildlife and wetland habitat values, to the extent funds are available pursuant to subsections (a) and (b), below. CDFG may contract out these respons ibi1i ties and, up~," the approval of' the parties hereto, may assign these responsibilities. CARLSBAD agrees that it shall use its best efforts, in enforcement of local environmental and planning ordinances with respect to property owners within its jurisdiction, and in working with other local' jurisd·ictions, to minimize the amount of sediment which may be transported to the Lagoon fram upstream runoff within the Lagoon's watershed area. (a) Maintenance Account. Within sixty (60) days after Construction Certification, BOARD and COFG shall establish a separate escrow account (the "Maintenance Account") wi th an escrow agent chosen by CDFG. The Ma intenance Account sha 1 J .be funde<i as provided in subsections (b) and (c), below. CDFG shall have the exclusive authori ty to wi thdraw funds from the Ma i ntenanc e ACcount. All funds . _ in the Ma intenance Account, i ncl udi ng al1Y accrued interest thereon, shall be used solely for the purposes set. forth in subsection (e), below. (b) Annuity. Within sixty (60) days after Construction Certification, CDFG and BOARD shall determine the amount of funds necessary to establish an annUity or equivalent investment (the "Annuity") which will provide a guaranteed annuity paying the future equivalent of Two Hundred Thousand Dollars ($200,000) per year for thirty (30) years based on 1987 dollars at the effective date of thi~ Agreement in accordance wi th the method described in Exhibit 0 . attached hereto and made a part he,reof. The fi rst disbursement into the Maintenance Account is to be made immediately upon establishment of the Annuity. All proceeds from the Annuity shall be depOSited into the Maintenance Account. The payments fram this Annuity Shall be used by COFG to cover th~ rna i nt~nance cos ts of the Project as , described in Section 10{e) for the first thirty (30) years following Construction Certification. BOARD shall transfer the alOOunt detennined to be needed for this Annui·ty., in accordance with the provisions of Exhibit D, from the Escrow Account established in accordance wi th Section 5(a), provided this amount shall not exceed the sum of Four Million, Eight'Hundred and Fifty-Two Thous=and, Five Hundred Dollars ($4,852,500) given that Construction Certification occurs either in or prior to calendar year 1991. If Construction Certification occurs after 1991, the provi sions of 2(a) ~f Exhibi·t D -12 - shall control. BOARD shall be obl igated to contribute to the Annui ty only after the amount deposited by Pacific Texas into the Escrow Account, excluding interest, has reac,hed $20 mi Hion. (c) Investment Account. Wahin sixty (60) days after. Construction Certification, BOARD shall establ ish an investment account (the "Investment Account") in an CIIlount to be detennined i-n accordance with the provisions of Exhibit D provided this amount shall not exceed the sum of Three Million, Three Hundred and Eighty-Six Thousand Dollars ($3,386,OOO) given that Construction Certification occurs either in or prior to calendar year 1991. If Construction Certification occurs after 1991, the provisions of 2( a} of Exhibit D shall control. BOARD shall transfer the amount determined to be needed for the Investment Account from the Escrow Account established in accordance wi th Section 5(a}. BOARD shal J be obligated to contribute to the Investment Account only after the amount depos ited by Pacific Texas into the Escr~ Account', excludi ng, interest, has reached $20 million. The Investment Account shall be maintained for thirty (30) years follOWing Construction Certification by BOARD to maximize the return to this Investment Account so that a fund is created to maintain the P,roject after the first thirty (30,) years. At the end of this thirty (30) year period, all funds in the Investment Account shall be transferred into the Maintenance Account. Within sixty (60) days thereafter, BOARD, FWS, NMFS, CDFG, SLC and CAfl.SBAD shall meet for the pu,rpose of determining the adequacy of the Maintenance Account balance to generate sufficient incone to fund the costs of maintaining the Project as certified pursuant to Section 6(k), above. If it is detennined, based on the amount remaining in the Maintenance Account following the first thi rty (30) years plus the amount transferred from the i'nvestme,nt Account, is in excess of that required for continuing maintenance of the Project a,t the future equivalent of Two Hundred Thousand Dollars per year, a lump sum amount shall be refunded to BOARD to, be determined in accordance with the provisions of Exhibi.t D. (d) No Further Obligations and Return of FundS., BOA·RD shall not be obl igated to deposit any funds 'beyond those descrtbed in subsections (b) and (c), above, to mainta-in the LagoQn. Any funds remaining in the Escrow Account upon funding of the Annui~ and the Investment Account shall be transferred to BOARD. (e) Allowable Mai'ntenaoce COsts. It is 'agreed that 'any funds in the ~alntenance Account shall be used only to pay all costs associated w1thremova1 of accumulated sediment from the Project's sediment baSins, redredging of the Lagoon and Lagoon routh, maintenance of the freshwater marsh and appurt~nances, preparation of the least tern nesting sites, maintenance of all other physical Project features as described in Section 1, and monitoring activi ties, and di rect support costs, to assure that Project's habitat values remain as anticipa.ted at the time ·of Con$truction Certification. Any activi·ties carried Qut beyond these -standards shall be the responsibility of the party carrying: them out,. -13 - (f) Records. CDFG shall maint~in records showing the use of funds fran the Maintenance Account. If GDFG designated representatives or personnel work at several 10c~tions, the funds provided pursuant to this Agreanent shall be used only for that proportion of the time such personnel or representatives work at. the Lagoon and then on1 y to the extent desc tibed in ~u bsect ion (d), above. CDFG shall maintain time records showing hours spent at the Lagoon site and activities carried out sufficient to support uS'e of the funds from the Maintenance Account. CDFG shall. monthly maintain records of all expenses at the Lagoon. All parties to this Agreement, to the extent provided under the Pt.Jb·lic Records Act, Cal ifornia Government Code Section 6250 'et seq .• ; and subject to the attorney-client or other applicable pr'ivileges, shall 'have the right to audi t these rna intenance records and all invoices, vouchers, . 1 edgers, supporting documentation and correspondence ma intalned or available to CDFG for the purpose of assuring that CDFG is properly expending the funds. . 11. No Interference with Endanyered .Species. CARLSBAD agrees that construction of the Project wi 1 be scheduled and conducted so as not to incur significant habitat loss or degradation elsewhere within the Lagoon and so as not to adversely impact any State or Federal endangered species which utilizes the Lagoon area, including . the California Least Tern, the California, Brown Pelican, Least Bell"s Vireo or Belding's Savannah Sparrow. Re:canmendations offered in any subsequent Biological Opinion on consultation report prepared pursuant to Section 7 of the Endangered Spec.ies Act (16 U.S.C.Sec, 1531 et seq.) or the California Endangered Species Act (California Fish and Game Code Section 2050 etseq.) shall be implemented as required by penmit(s) for construction of Project. 12. Use of Mitigation Credits Created by Project. (a) This Project is being carried out 'in pat:'t to f!l~~igate for the Pacific Texas Landfill. (b) The pilrties to thi$ Agreement ackn<Mledge' that t~e habitat values gained from the Lagoon Enhancement Project will be used to offset the habitat values lost fran the Pacific Texas Landfill and will be used to offset other landfill projects which may be penni tted in the futu reo (c) Cons truct ion and rna intenance of the lagoon Enhancement Project will completely mitigate the Pacific TexaS Lilndfill and create excess haMtat units sufficient to canpensate for an additional 325 acres of landfill in waters deeper than -20 feet MLLW wi thin the Harbor Oi strict (-Excess Habitat Units·), in accordance with provisions of Exhibit C. Upon COnstruction Certification, these Excess Habitat Units (the exact amount will be detennined after Project construction 1n accordance with subsection (e) below) 'will be cred1 ted to the BOAR> and may be used to offset fish and wildlife ' habitat losses which may result from other landfill projects in the -14 - Harbor District provided such projects receive all then applicable Federal and State pennits. FWS, roFG a·nd NMFS would have 'no . objection to use the Excess Habitat Units to offset ~ntic.ipated outer harbor landfill projects in waters -20 feet MLLW'or deeper which are associated with development or new tenninal fa'cil ities for general cargo, bulk and neobu1k cargo and necessary supporting infrastructure (streets, rail access, utilities, pipelines, etc.). FWS,roFG, NMFS and BOAm agree that for these landfills the filling, tn a manner similar to the Pacific Texas landfill, of each one acre of habita t in waters -20 feet MLLW or deeper will be offset canpletely by each one acre of' Excess Habitat Unit gained as shown in ExhiMt C, Table 5, subject to pennit conditions which may be imposed on such future landfill projects by regulatory agencies. For dredging or landfills . created within the Harbor District in waters shallower than -20 feet MLLW, including areas which may be classified as rocky dike habitat, or for land uses other than those given· above; the application of excess Habitat Units I1l.Ist be reevaluated and approved bi FWS, CDFG, NMFS, and BOAI{). For dredgi ng or landfills fn wa ters shallower than -20 feet MLLW, said parties agree' to evaluate the habitat loss i·n a manner similar to the procedure followed in Exhibi t C. BOARD agrees that before' creating any landfills, it will obtain all permits ~equired by applicable laws, including but not limited to the permits required by the Californi a Coastal Act, the Ri'vers and Ha rbor's Act and the Clean Water Act_and agrees to deSign such fills 1.n accordance with the requirements of such laws. Any review or subsequent approvals the FWS, NMFS or CDFG have with regard to the use of Excess Habitat Units for such future fills shall be made in an official and public manner, during canpietion of the environnental review process as may be required under the california Environmental Qual11;y Act and National Envi ronnental Pol icy Act, or the regulatory process as may be requi red under the Ca 11 forni a Coastal Act, the Rivers and Harbors Act, the Clean Water Act, the United States .Fish and Wildl ife Coordination Acts, the United States and State Endangered Species Acts and any other applicable laws. (d) No Excess Habitat Units may be used for any purpose until the Cons truct ion Certification has been made. (e) In the event of variations between the Final Detennination and actual acres of each habitat type created by the Project and existing at the Lagoon at the time of Construction Certification, FWS. NMFS, <DFG and BOARD will recalculate the habitat units in a manner sim.1lar to the procedure followed in Exhtbit C and the nunber of Excess. Habitat Units reported in subsection (c), above, shall be modified accordingly. (f) If at any time during the tenn of this Agreenent as. set forth in Section 17, below, the balance of funds in the Malntenance Account is insufficient to meet all costs desc;ribed in Section lO(e). above. FWS, NMFS. CDFG .and BOARD will reca1cul ate the total nlll1ber of habitat units created fran the Lagoon' Project in its then current condition and the nlll1ber of unused Excess Habitat Units ava11able at -15 - that time to the the BOARD pursuant to subsections (c) or (g) will be reduced accordi ngly. (g) The BOAm may be allowed to transfer Exce~s .Habitat Units to other ports in the Southern California Bight that are applicants for a Corps of Engineers penni t or a Cal iforni'a Co'astal Development pennit for a port district project. However, s!Jch ports shall first consult with and obtain the approval of SLC, FW$, NMFS and CDFG, before being entitled to use such Excess Habitat Units. The Excess Habi tat Units' tl1.as transferred may be used only. to compensate for habi tat losses incurred as a resu] t of port dis.trict projects in waters deeper than -20 feet MLLW. Transfer and use of such excess Habitat Units shall not result in a net loss of fish and wildlife values. Excess Habitat Units ,shall not be used to Qffset the impacts of any project wh i ch fi 11 s or otherwise adversely affects wetlands, as that tenn is defined in FW~ publica,tion FWSJOBS-79/31, Classification of Wetlands and Deepwater Habi.tats of the United States, L. Cowardin, V. Carter, F. Go1et, E. La Roe, December 1979. The BOARD shall officially notify FWS, NMFS and 'CDFG in writing of acceptance or rejection of any such proposal to transfer Excess Habitat Units. 13. CE A and NEPA Com lianceis a Condition Precedent to Project. This greement descri s a"pr.opos Lagoonn .ancement Project and allocates respons ibi1 i ties for i ts implementation~ Entering into this Agreement does not c;onstitute an adoption of the Project or a commitment to car~ out the Project as those terms are used in the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA") and the National Envirol1llental Pol icy Act, 42 U.S.C. Section 4321 et seq. ("NEPA~)'. Prior CEQA and NEPA compliance is a condi tion precedent to any party being canmitted to carry out any obl igations set forth in thi·s Agreement for which such compliance is r~uired. If CEQA campliance discloses anY, significant adverse envi romenta1 impacts from the Project that ,can be better mi tiga ted than as presently proPosed, any party respellS ib1e for the actions that produce the impacts shall not approve or detennine to carry out the Project unless and until such. mitigation measures are either duly adopted or excused by a statement of overridi ng cons iderations. If, upon canpleti.on of all necessary CEQA and NEPA compliances, any party whose actions require prior CEQA or NEPA campl iance does not detennine to car~ Qut or approve the Project, then the Lagoon' Enhancement Proj ect shall be deemed cance 11 ed and the provisions of Section 15, below, shall apply. 14. Cancellation if Pennits Not Available. ' The Lagoon Enhancsnent Project may be cancelled, fn wh ich event the provi si ons of Section 15, below, shall apply: (a) if Corps of Engineers' and Coasta'l Commission pennits for the Pacific Texas Landfill do not become effective or are revoked, or ' . -16 - (,b) if CARLSBAD is unable to obtain Corps, Coastal Commiss ion, other necessary penni ts and approval s or the neces:sary Land Interests to construct the Lagoon Enhancement Project. 15. Effect of Project Cancellation. If the Lagoon Enhancement Project is cancelled pursuant to Sections 5, 6(b), 6 (c), 6(e), 6(g), 13 or 14{b): (a) The Pacific Texas Deposit shall not be returned. (b) CDFG, FWS, N~1FS, SLC, CARLSBPD and BOARD shall immediately begin necessary work to determine if alternative projects described in the Enhancanent Plan or in the Final EIR/EIS doct.ments prepared for Project can be completed within a time peri od acceptable to CDFG, HIS, NMFS and BOAm using the funds available tn the Escrow Account and any other funds made available for this pu,rpose. If it is detennined that a project under this subsecti'on can be canpleted, CD FG, FWS, NMFS, SL C, CARLSBAD and BOARD shall proceed 'with . implementation of that project expeditiously and in a manner similar to that described in this Agreement for implementation of the Lagoon Enhancanent Project. If the Lagoon Enhancement Project was cancelled pursuant to Section 6(b), 13 or 14(b), BOARD Shall be entitled to receive any Excess Habitat Units created by a proje~tcompleted under this subsection; provided that if another entity, whether public or private, financially participates in suCh project, being authorized by law to do so, any Excess Credits created shall be divided pro rata based on the contributions of such other entity and the contributions of BOARD including its share of the Pacific Texas Deposit a$ set forth in Penni t No. 580 be1ween BOARD and Pacific Texas. As an example, if total expenditures necessary to create and rna; ntai n an alternate project under the provisions of this Subsection are' $25,000,000 and the monies paid by another entity are $5,,000,000,' then such entity shall receive 5 divided by 25 which equals 20% of the Excess Habitat Units and BOARD shall receive 80% of the Excess Habitat Units. If it is determined that a project Ulider this subsection cannot be completed, CDFG, FWS, NMFS, SLe, CARLSQAD and BOARD shall comply with subsection (c), below. (c) If this subsectiOn becomes applicable, CDFG, FWS, NMFS; SLC, CARLSBM and BOAm shall i'mlTEdi ately begi n necessary WQrk to determine if another project at Batiquitos Lagoon which would generate enough habitat value ga ins, pursuant to analysis condu,cted by CDFG t NMFS, FWS and BOARD ina manner s imila.r to the procedure. followed in Exhibit C, to offset the habitat value losses due to the Pacific Texas Landfill can be completed within a time period~ acceptable to CDFG, FWS, NMFS and BOARD using the funds available in the Escrow Account. AnY such alternative Lagoon project shall create tidal and subtidal habitat for the reasons set forth in Recital IX of this Agreement, and shall be designed and implemented to ,meet the following criteria: (i) not less than fifty percent (50%) of the, project a rea sha 11 have an average e 1 evat ion of -3 feet rt.LW;: (11) -17 - not more than thirty-five percent (35%) of the project area shall have an elevation of between -3 feet and +2.5 feet MLLW;. and (iii) not more than fifteen percent (l~%) of the project area shall have an elevation of between +2.5 and +5.5 feet MLLW. If i"t is determined that a project under this subsection can be completed., COFG; FWS, NMFS, SLC, CARLSBJU and aOARD s·hall proceed wi th implementation of that project expeditiously and in a manner sirtlila'r to that described in this Agreenent for implementation of. the Lagoon Enhancenent Project. If the Lagoon Enhancement Project was cancelled pursuant to Sect ion 6(b), 13 or 14(b), BOARD shall be entitled to receive any Excess Habitat Units created by a project completed under this subsection; provided that if another enti ty, \tilether publi.c or private , financially participates in such project, betng authorized by law to do so, any Excess Credits created shal] be diVided pro rata based on the contributions of such other entity and the contributions of BOARD including its share of the Pacific Texas Deposit as set forth in Permit No. 580 between BOARD and Pacific Texas as per the example given in Section 1S(b). If it is dete.nnined that apr-oject under this subsection cannot be completed, CDFG, HIS,. NMFS, SLC, CAIl.SBJU and BOARD shall canply with subsection (d.), belOW. (d) If this subsection becomes appl icab·le, mFG, ~WS, NMFS, SLC and BOARD shall imnedi ately begi n necessary work to detennjneif another project at an alternative locatiOn which would generate enough habitat value gains, pursuant to analysis cOndu'cte(1by mFG, HIS, NMFS and BOARD in a manner similar to the procedure followed in Exhibit C, to offset the habitat value losses due to the Pacific texas Landfill can be completed within a time period andata , location acceptable to CO.FG, FWS, NMFS, SL,C and 'BOARD us ing ,the funds avail abl e in the Escrow Account. Any such alternative location . project shall create tidal and subtidal habitat for the reas'ons set forth in Recital IX of this Agreement and shall be located between Point Conception and the Mexican border. More specifically, su·ch. al ternative location project shall maximize marine fisheries and coastal seabi rd habitat ga ins by establishing unrestricted tidal influence to coastal areas presently having little or no marine fisheries and coastal seabird habitat valu.e, a,nd shall be designed and implemented to meet the following cr'iter;a: (i) not less than fifty percent (SO%) of the project area shall have an average el evation of -3 feet MLLW; (i i) not more than· thirty..;f.]ve percent (35%) of the project shall have an elevation of between -3 feet and +2.5 feet MLLW; and (iii) not more than fifteen percent (15%) of the project area shall have an eleva tion of between +2 .5 and +5.5 feet MLLW. CDFG, FWS".NMFS, SLC, and BOARD shall proceed with implementation of such al ternative location projecte)(ped1 tjol.lsly and in a manner siintlar to that described in tHis Agreement for implementation of the Lagoon Enhancement Project. If use of funds from the Escrow Account for an alternative location project requires legislation similar to Sect·ion of SB 2059 of the 1985-1986 Regular Legislative Session (Ch. 1415, Stats.-1986; Public ResoUr.ces Code- Section 6306.1) BOAI{) and .SLC agree to support such· legislati.on.--, -18 - '-'-~'-------------.... -.-.------... ----•• ----..... " _____ "-__ .• __ ._ , _____ .-__ • __ •• ___ • __ .. ____ .... .,.-~'".7::---!. •• ~"'p..:..."'_~]'.;-~ (e) If the Project is cancelled pl,Jrsuant to Section 14(a), unless any loss of habitat in the Harbor Di strict has resulted fran the initiation of any work on the Pacific Texas 'LandfH 1, any unexpended portion of the Pacific Texas Deposit shall be retUrned to Pacific Texas, reserving therefrom any funds needed to satisfy existing and noncancelable monetary obligations of thepa-rties entered into in expectation of reimbursement with funds from the Pacific Texas Deposit. 16. Effective Date. The effecttve date of'this Agreenent shall be the date on which the last of all signatories designated on the signature page hereto has signed this Agreenent. 17. Term. Except as otherwise provided by law, this Agreement shall. remain valid for the life of the Pacific Texas Landfill unless it is rescinded by written consent of all parties or unless 'ciuicel1ed as provided herein. . . 18. captions. The captions on the sections and subsections of this Agreement are solely for the convenience of the parties and no meaning shall be ascribed thereto in interpreting the provisions of this Agreement. 19. Days. Unless otherwise specifically provided, the term "days" as used herein shall mean calendar days. However, when. the use of this tenn results in the last day for an action being set for a Saturday, Sunday or other non..;working holiday, the action sM·11 be deened to be timely if performed on the firs·t business day thereafter. 20. Substantial Confonnance. The terms "'in substantial conformance" or "substantially conform(s ).11 as used herein shall mean not di ffering in any material way fran that to which it is canpared including, without 1 imitation of the foregoing definition-,· not di ffering in any way that results ina reduction in habitat values antiCipated from the Project and not in conflict with the requi renents of state and federal law. . - -19 - 21. Corrmunications, Points of Contact. Urtlessa 11 pgrties are notified in writing of changes, the following individ~als will be the pOints of contact for the respective parties: Port of Los Angeles Mr. Vernon E. Hall, Project Manager P. O. Box 151 San Pedro, CA 90733-0151 (213) 519-3660 The Fish and Wildlife Service Mr. JeffOpdycke, Project Leader 24000 Avi la Road laguna Niguel, CA 92656 (714) 643-4270 The Department of Fish and Game Mr. Donald Lollock, Chief, Environmental Services Branch 1416 9th Street Sacramento, CA 95814 (9'16) 445-1383 The National Marine Fisheries Service Mr. Robert Hoffman, Southern Area ~nvironmental Coordinator 300 South Ferry Street Terminal Island, CA 90731 (213) 514-6199 . The City of Carlsbad Mr. Raymond R. Patchett, Ci.ty Manager 1200 Elm Avenue Carl sbad, CA 92008-1989 ( 619) 438-5561 The State Lands Commission Ms. Claire Dedrick, Executive Directo.r 1807 13th Street Sacramento, CA 95814 (916) 322;..4105 -20 - APPROVED AS TO FORM l'WW0Mm'~ uP. N Assistant City Attorney THE CITY OF lOS ANGELES, acting by and through its BOARD OF . HARBOR COMMISStoNd . ~tu~~ Executive Director THE FISH AND WILDLIFE SERVICE, U.S. Department of the Interi-or THE DEPARTMENT OF FISH AND GAME THE NATIONAL MARINE FISHERIES SERVICES, NOAA, U.S. Department of Commerce l'~' "cr$h I~ "~ 9,n {f,c. ~LA· . 1)i v Regional Director -21 - 10/14/87 Pactex MOU-2 csc3-6766a -.22 - EXHIBIT A .SHORT DESCRIPTION OF PROJE·CT For the proposed Batiql.Jftos lagoon Ennancerfient Project in the City of Carlsbad •. The following SHORT DE;SCRIPTION of the Batiquitos Lagoon Enhancement Project was excerpted, unedited from the draft Batiquitbs Lagoon Enhancement Plan prepared by the California Coastal Conservancy in October, 1986~ The SHORT DESCRIP'rIONwas taken from Section IV of the draft plan and repre'sentS. the following: Pages 118-137 ("the Enhancement Plan") and Pages 155-159 ("Alternative Plans") plus Figures I (Preferred Alternative], N (Plan Alternative No. 2), and 0 (Plan Alterna,tive No.3) • THE EJIHAIICEMEJIT PlM Four different alternative enhancement plans are described in the following section. Alternative one is the preferred alternative and 15 reconmended for implementation under thi.s plan. Alternatives two and three contain less dredging and consequentlY-' smaller tidal prisms. There is a higher level of uncertainty about whether the mouth of the lagoon will remain open under alt'ernatives two and three. All three of these alternatives have been viewed by the public and enhancement group; we have revised the original design of alternatives two and three to reflect ce'rtain changes since their first deSign. The final alternat.1ve is the No Project alternative and is really a prediction of the fate of Bat1quitos Lagoon should no enhancement be done. Table 17 compares the specific features of each alternative. In addition to the improvements proposed for the lagoon, each alternative inciudesthe same sediment management system, public access trail and beach nourishment ~rogram. The various agencies and funding mechanisms for implementation of the plan are included in Section V. Pftfel'T'eCl Altemat1 •• (Altemat1,. 1) This alternative endeavors to fulfill the goals of the enhancement plan by creating adequate tidal prism while still conserving the wildlife habitat values and marsh areas of the lagoon. Tidal Prism and Lagoon Channel Closure Conditions The single most important.hydrologic deSign constraint for Batiquitos Lagoon is to ensure that there is a sufficiently large tidal prism. to keep the entrance channel open. The .cQmplexity of the hydrodynamic processes involved, and the difficulty in the·ir lIIIasur .. nt, make it difficult to predict the "critical" value of the tidal pr1sm"above which we can be assured the entrance channel will always stay open. The plan takes. . ..ln .. elllP1r1cal approach to this problem. Based upon the studies by Johnson -'f.l9,7.1r, iIld:."updated by Ph111 p Wl111 ams and Associates, the. _an tidal prism and closure ,conditions for 20 coastal lagoons in California were determined, and plotted against deep water wave power. The plotted points are shown in Figure 7, along with the three alternatives for Batiquitos Lagoon. Thl plotted points show a clear separation between lagoons thi1; are "always open" and' those tha·t are ·sometimes closed". Th1s separation is indicated by a dotted line in Figure 1. The position of the line, however, is only approximate; the minimum tidal prism needed to keep a coastal lagoon always open can only be estimated within a factor of two. The preferred alternatiye will .haye a potential mean tidal prism of 44 million cubic feet, a potential diurnal tidal prism of 67 million cubic feet, and a perigean spring tidal prism of 99 million cubic feet. If the poSition of the boundary between open and clo·sed lagoons (Figure 7) is offset by a factor of two, the tidal prism for the preferred alternative would still be suffi,cient to keep the lagoon open. According to the Jenkins and Skelley (1985) study which used a different analysis, the closure frequency would be less than once in 30 years. lA Table 17 SlIIWlY OF ALTERNATIVES -BATlOOItOS LASOON ENHAHCEMEJfT PtAJI (Preferred 1 Alternathe'l 2, 3 lntertidal Area (acres) . 110 (+2.5' to -2.5' NGVD*) 215 315, Subtidal area (acres) (below -2.5' NGVD) 220 171 ' 71 Area of salt/brackish marsh (acres) (above +2.5 1 NGVD) 139 141 141 Area of Least Tern habi at (acres) 34 ·34 34 Area of freshwater marsh (acres) 33 33 33 Potential mean diurnal tidal prism (million cubic feet) . 67 60 46 Potential perigean spring tidal prism (million cubi~ feet) 99 89 68 Approximate volume of dredge material (million cubic yards) 3.0 2,.1 1.3 Entrance channel area (below O' HGVD) (square feet) 1700 1500 1200 Total Capital Costs (includes dredging 8 $4.00/yd. drag bucket system, beach groins. levee. in million dollars) 12.4 8.8 5.6 *NGVD • National Geodetic Vertical Datum .. approximately equal to Mean Sea Level , :.:-.:--,f" 2A " ~. • ~ .. - '0" '0'· I.-e :.-~ , . L~ " . • I' I , , , / 1/--I I I , .1 I II' I ! 1/ !.Iil!:!2 . I, I I , /f 9/-, / 0 'iIO ,&TT,'CS I e Ole An" , I ~ I i I I ! [I i l/' /." tI •• TwO .cTT.U : I : I .I ~: 1111 i I ! L ' I ! , i f I., . /J . . 1_' • ~ . : '. , f ~ J(. , I 1 I i'l i i , • 7· ".,. / I . I I I. .y'e: ~ .,·ii : I f • , f · I I II I I I: I /'1:/ ~: ~/.i: , • . I I i I I I' .. f I I ' '7 · " f .J ~ .. ... , , . . . ! \." ' "7 /. f : ! ! ~1 I . '; I I , • I' l/ I I I :1. J ! I I 0 ,v I' I I' I I: e/I..l ,9 ~l' : ! I i I ! ! ,. I . I .' ' ' . \~ '"" \ ~ , . '\ n'" .. ' -':/-,\, ;I" · ' I , IJ'~ t .~'W L . I I , f 1 .~ ~.7 l 1 I • : II /f'~~i I I II r I •. I f ... " . I ,! I '" ~ .. ........ c.u .C'9'1~ ...... Or IILCT ("" .......... , .. , (1) Preferred Altern.ci.e (2) Altlrnative 2 (3) Alternative 3 TIDAL PRISM VS CROSS-SECTIONAL AREA ALL. .. L.ETS ON PACIF'IC COAS T FIG. 6 Pro. Jurett 1976 3A To determine :whether the actual tidal prism was not significantly less than the potential t1dal prism, a tidal hydrodynamic mode] was used to stmuclate, frictioCn losses (for details see Appendix C). The model found that the difference between the actual and potential diurnal tidal prism :was sma] 1 , approximately 51. Ebb flows through the entrance. channel are slowed by energy losses and the f4.LW level in the main part of the lagoon,1s increased by O.4·.ft. Most, of this tidal dampening is due. to the constricttons of the entrance channel thr9ugh the beach and the Highway 101 bridge. Once the channel is deepened, the '1-5 and railroad bridge no ,longer have nilch effect on the tidal range. During the peak ebb flow, the maximum difference in water level bet~een the ocean and the lagoon is about one foot for the mean dturna 1 ti de for the IB)st constricted channel alignment which assumes no dredging of the western basin except for the channel (see Alternatives 2 I. 3}.c Jenkins & Skelly (19S6). have carried out a two-dimensional model si.mulatio" that indicated for Similar conditions the maxilll.lm water level difference to be approxt~tely 1.5 ft. for the peri-gean spring tide. However, it shol.lld be noted that this water level difference does not translate directly into i lOess of t1dalpr1-sm. Instead, it causes a lag and steepening of the tidal wave form· as it moves into the lagoon. The actual dampening of the tidal range fs considerably less. therefore, dredging the western basin may not be particularly fmpocrtantto minimize tidal dampening. However, deep'entng the 'westernbas1n does add 1 million cubic feet or 1.6 percent to the t~dal prism. The reconfiguration of the lagoon is presented in Figure I. The eastern basin would be excavated from the approximate +2.5 foot MSL contour down to the -6.0 foot contour. The western bastns would be excavated dawn ·to the -S.O foot contour (see lagoon cross-sections Figures J and It)~ The hydrodynam,ic pr.ogram analyzed tidal heights in the entire lagoon for an average tidal cycle. In order .to decrease the amount of fr1ction between the lagoon bottom and tidal flows, to create subtidal habitat and to-over-dredge the la'goon slightly, the bottom dredging elevations of -6.0 foot for the eastern basin and-S.O foot for the western basin were decided upon. The hydrodynamic program. Showed .that deeper dredging in either basin provided no additional benef1.tstO tidal flows. Another fea ture of the dredgi ng contours is a deff ned bottom channe 1, to help transport fine sediment th,.ough the lagoon and out to the ocean. This channel extends from the mouth of San ~rcos Creek through the subtidal area to the 1 agoon entrance channel. Thi s channel wi 11 also serve to faci 11 ta'te flows 0 f freshwater through the marsh to the lagoon and improve current flood problems along' loWer San Marcos Creek. For the most part, the dredging area is confined to the preseht1y unvegeta:ted portions of the lagoon. The 'dredging was des1-gned in this way to avoid loss of existing marshland. The exception to thf-s design criteria is the far western basin between the railroad and Highway 101. As previously menti-oned mode,1ling completed for this plan does not conclude the same ,dr"edgiJigrequ1rements as the Jenkins and Skelly (1986) report. It was the decision of members of the enhancement group ~ provide for dredging of the western basin and the design of t~c:.dredging incorpo'r,ates thes~ results. In several, areas of the east and west basins there are small areas of marsh which are below ,the +2.5 contours. These would not be able to survive the inundatiOn once the lagoan is, open to tidal action and could not be preserved. 4A Tlbl, 18 ~ry of DltI for · ... tur.l Ligoons • Californil Coast Annual Potential Tidal Deep Water Closure No. Name Pr1.sm Wave Power Cond1tions Remarks Diurnal Mean ft lbs/ft/yr 1 Smith River x 10· Estuary 35 24 303 Infrequent 2 Lake Earl 430 320 329 Frequent 3 Freshwater Lagoon 35 25 348 Always 4 Stone Lagoon 86 64 348 Frequent 5 Big La.goon 240 180 348 Frequent· 6 Eel River Delta 200 140 371 Infrequent 7 Estero Mericano 22 15 (200) Frequent 8 Estero San Antonio 11 65 (200) Frequent 9 Tomal es Bay 1580 1070 209 Nlvlr 10 Abbotts Lagoon 17 11 307 Frequent 11 Drakes Estero 490 .340 26 Never Bolinas Lagoon 200 130' 117 Never Good Data J.j Pescade.ro Ma rsh 68 46 ('200) Frequent 14 Mugu Lagoon 1976 27 19 (100) Frequent 15 M~gu Lagoon 1857 170 120 (100) Never i6 Carpinteria Marsh 4.8' 1.5 (50) Infrequent Good D.:a" Entr 17 Aqua Hedionda Li~c: Lagoon 1976 ·80 55 28 Niver Entrance 18 Batf'qu1tos , L1ned Lagoon 1985 0.33 0.23 (30) Frequent 19 San D1egu1to Ligoon 1976 0.2 0.14 (30) 'Frequent 20 ~San Diegu1to Lagoon ·1889 37 24 (30) Never 21 Los Penasquitos (30) Lagoon 1976 2 0.75 Frequent 22 T1juanaR1Yer Estuary 24 17 (100) Infrequent 23 Bolsa Chica 113* 80' 29 *Tidal prism prec1sely chara,cter1zed "pted from Johnson, 1973. SA -',~. • 0 ... M ..: ~ -... I""" '!"-I -Ii :!! ii~ -. a: w ~ '" ~ 0 A. W > fa) ~ .a: ~50 ~ ~ A. At.''' W W a 10 itJ~ FIG. 7 Closure Conditions of Natural Lagoons of California X ALWAYS CLOSED tl A FREQUENTLY CLOSED a INFREQUENTLY CLOSED o NEVER CLOSED ,/ 1',y AlII I~ .... IJ 816 .Azr 4! .3 X 1:1/ 14- r.L a6. / ~/ ~7 A+ If A.5 AI! / /"" ,,/ /' / ,.(,e. /0;; 0' /' IfHTlal/I7l7~ 1tJ5;r? 18 . ~.. ~ /I A./1 .... ~ . 0 . . ~ ~ P 17 '. ~rlau~/~I:J,5 '/ '. n1~r~eP At..~AlA7ive / AtT~AlA7iVe #?- A/..T~p',(JATlve # .3 /O~ /17' It7~ /17' MEAN TIDAL PRISM (FT~J The hydrodyn .... ic program predicted tidal hefghts for the lagoon over an average tidal cycle. Table 19 contains the results of this analysis. Under this tidal regime the proposed dredging contours Wire designed to create an intertidal zone below existing vegetated wetlands.. This intertidal band will incircle each basin and vary from a maximum 10 percent slope to a nearly flat gradient of less than 1 percent slope. At the -2.5 foot contour, the lagoon bottom will drop off at a six percent slope to the subtidal bottom elevation of -6.0 or _ 8.,0 ft MSL. With a 67 million cubic foot tida.1 prism, the cross sectional area of the entrance channel wo~ld be about 1700 square feet below MSL. This calculation uses the Jarrett relationship (see Fi9ure 6). The wfdth of-the channel under the brtdge (from headwe11 to headwell) would be about 160 feet with rip-rap side slopes at 3:1. The channel would ~ about 15 feet deep MSL and 10 feet wide across the bottom. Since the Highway 101 bridge has at least three sets of piers on the southbound lane and seven sets on the northbound lane, engineering specifications for the channel will require provisions for fortif1catfon and protection of these piers from undercutting. The lagoon channel would be lined with r1prap through the beach to the mean lower low water (MLLW) line. A fence would be erected along the riprap to restrict access to the channel. Habitat Acreages The creation of habitats and enhancement of coastal wethnds fs still an uncertain process. Despite ten years of enhancement efforts in Californfa wetlands, there are still many unknowns and always the poss'1b111ty that what is planned in an enhancement project will not be realized in the final result. The acreages and types of habitat which Ire expected to occur after the construction of the Bat1quitos project Ire based upon the elevltions to which the lagoon will be dredged, predicted tide levels and the occurance of similar habitat types in nearby wetlands. With consideration of these conditions, the preferred alternative (Alternative 1) is proposed to conser-ve and craate the following ·acreage of each habitat type: Subtidal habitat (-2.5 ft to -8.0 ft MSL) Intertidal habitat (-2.5 ft to +2.5 ft MSL) Salt/Brackish marsh Freshwater marsh Least tern nesting sites Total 220 acres 170 acres 139 acres 33 acres 34 acres 596 acres The distribution of these acreages is illustrated in F1gyre I. Subtidal Habitat This area would be covered by tidewater during most stages of the tidal' cycle. Several times during the month when low tide levels are at their.extremes, potti ons of the lagoon bottom in the subtidal area wi 11 be exposed. However 7A Tlble 19 Modeled Ind Melsured Tide Heights! Bit19uitGs (Igoon! iCVb -(ft.-, Scripps West Middle East Wharf . Basin Basin Basin Pref. Pref. Pref. Alt. 1 Alt. 2 Alt.3 Alt. 1 Alt.2 ATt.3 Alt. 1 Alt.2 AH.3 f4iHW +2.52 +2.5 +2.5 +2.5 2.5 +2.5 +2.5 +2.5 +2.5 +2.5 rt.LW -2.88 -2.8 -2.8 -2.9 -2;5 ~2.8· -2.9 -2.5 -2.5 -2.5 SA • I ,I ... .,. ~ "'4.1 " II I I ~I ~ ~I -4 ~ € 1 I 1 • , I • I I I' I I , I I 1 I ,I I • , (~'aAONJ NOIJ.YAJ'J 9A .. 1 .. 1 for the most part this is a shallow marine aq.uatic habitat and will be covered by 5 to 6 feet· of water. Certain fish and invertebrate speci,s would be expected to colonize the· lagoon once it is' dredged and opened to the ocean •. We propose no stocking of the area or introduction of shellfish into the lagoon. Therefore. th~ abundance of these animals would be dependent upon natural colonization rates anq be expected to increase fol.lowing the initial opening of the lagoon. The types of invertebrates and their abundance w1ll also depend upon subs.trate types in the lagoon bottom. water quality and nutrient levels and soil chemistry. These factors will change in the first few years. fo.llowing the project. For example, after the lagoon is dredged the bottom sediments ~111 be made up . primarily of sand with little silt or clay. As fine sed1ments continue to come into the lagoon from the watershed. some probably will settle on the sand and form a mud layer. The thickness of this layer and th. mixing of the sand and. IIald by bottom currents will change the type of substrate in the lagoon and thus the habitat for benthic organisms. A s1mila·r enhancement project in San Diegui~o Lagoon has been monitored for several years' following completion of dredging of at1d.l bas1-n(Ch.ristopher. 1984). The substrate is largely sand and varies from subtidal to intert1dal zones. These studies found a number of benthic organ,isms. the most common being: bubble shell (Haminoea vesicula). wavy chione (Chione undateJla). dish clam (Mactra nasuta). California jacinife c1.m (Tagelus cal1fornicus) violet ray jacknife clam. (Tagelus subtores) and marine polychaete w9rms (capftella clfitata. Polydora pauc16ranchiau. Scolelep1saccuta and Mediomastos : ca iforniensisl and ·various species of ol1gochaete worms. In add1tion, other species whtch could colonize this area 1ncl~de: snaHs(Cera·tostoma nuttall1), moon snail (Po1fnices lewisi), rough pfddock (Zi",faea pflsbry1), gh()stshr1mp (Calli nassa gi~as). 6lu'e-mud shrimp (Upogeb1a pugettensh ) .• spencul1 d worm (S1punculus nu us). segmented worm {Chaetopterus var1:opedatus), rough skinned lugworm (Arenico'a brasiliensis) and ribbon wO'rms (Nere1s sPP')' . In genera.l. 1 nvertebrate species select their habitats according .to the gra1·n sizes of the substrate (sand vs. IIald), the amount of wave action ~r current and the salinity and water quality. As exp·la1ned .• in the first few years after the lagoon is dredged. sediment layers will move and resort accord1~g to tidal and storm currents. 5011 chemistry .and water quality win change as wel1. The system' wtll not reach an equilibrium condition for .sever-al years .at least and the invertebrate fauna waul d be eXPected to respond .to these changes. The subtidal area 'will also provide habitat for marine and estuarine fish species such as California halibut. white,spot-nn and yellow-fin croaker, topsmelt, deep-body anchovy, barred and'spotted sand bass, long jaw mudsucker, arrow goby and several speCies of surfperch. Many of these species enter shallow bays and estuaries to sp,awn. J~yenile fish born both in the open ocean and in the lagoon may spend several months feeding and maturing1n the shallow water pri.or to their migri,tion into. the ocean. The abundanc, of zooplankton and benthic animals will support both juvenile and adult fish. The S'an Dieguito Lagoon, since its enhancement? supports many of these ~p't1'es. lOA Juvenile fish and invertebrates provide food for diving .ducks, diving ocean birds and gulls and terns including the Least Tern. Presently the lagoon does not provide any subtidal habitat and only very limited fish habitat due to. the seasonally poor water quality conditions. . Intertidal Habitat T~e intertidal zone is the area which average tidal flows cover and expose twice dal1y. The majority of the i"tertida' are4 Hes along the south shore and eastern end of the eastern basin. A SO foot wide strip borders the north shore and rings the western basin. A total of 170 acres of intertidal habitat are included in the plan. As with the subtidal habitat, the intertidal zone will be in a state of flux for the first few years following the dredging. In most lagoons and estuaries, the inter'Udal zone is hlbitat to numerous , benthic animals which burrow into the mudflats or live on its surface. The infusion of ocean WI,ter twice da.ily provides I source of food for the benthic animals who sieve bits of detritus and food from the wlter. Worms. clams. ar ;hi pods and other creatures 1 nhab·1t this area. Moni tori ng stud1 es from San Dieguito Lagoon found such animals aSi pOlychlete worms suchU Cap,itella capitata. ,pol,dora sp •• scolele¥is acuta Ind variousoligochaete worms as well as clam or mo lusc species. vio et r~ 3lckn,ife cla. (Tagelus subtores) eggshell cockle (Laevi'cardium substra1tum) dish cla ... (.Mictra nasuta); Macoma aoldiformis; razor clam (Solen rosaceus). and striped !llisse1 Oschadium . !m1ssum) 1n the intertidal area. Other animals which were found 1n this zone are echinoderms such IS Leptosanapta albians. gastropods (Acteocina~98ij) and various amphipod speCies 1nclu 1ng caprella egui11bra (Chrtstopner. • Some of the other species which could typicilly inhabit intertidal sand and mud flats and could col1nze the intertidal zone of the llgoon include: sand dollars (Dendraster excentr1cus). 5.1 plnsies (Reni"a kolHkeri), sea stars (As~ro~ecten armatus). hOrn shill sna11 (Cerith1del cal1forn1ca); 1II00n snatls (Po 1.n ces recluz1anus). ghost shr1111p (Call1lnISSa cal1forniensis). burrow'ing an.ne (Cer1anthus aestuari. Harenlct1s attenuata) t brittle stars (Amphiod.ria barbarae) and Slsm.nted worms (Misocha.to~tirus taylorf) and joint. worm . (AXiothella rubrocfncta). Crab splcles ( ortun1s xantusi, Heterocrypta . occ1.dental1 s) may forage in this arel as' weli. These invI.rtebrate animals provide the productive food base associtaed with bird use of intertidal areas. The th~ Resource Agencies (DFG. NMFS, FWS) have detlrmined through the Habitat Evaluation Process (HEP) that the 170 acres of intertidal habitat and 112 acres of marsh outlined in the plan are sufficient to conse,.,e the Ixisting habitat values for migratory birds present at Batiquitos Lagoon • . The depth of water and productivi ty of the habi tat will largely determi ne the species and number of shorebirds using different areas of the lagoon. Approximately the· same shorebirds species would be expected to use the enhanced lagoon as do presently (see Appendix G). Wading birds, diving ducks, terns, gulls and others would be expected. to use the intertidal zone at various tidal stages as well. However, the value of the intertidal area to the dabbling ducks which currently use the lagoon is less certain. Shallow freshwater or IIA brackish water habitats are most valuable to these species. The shallow areas of intertidal. habitat should provide fe~ding habitat as will ,the freshwater' marsh. The proposed acreages of these are~onsidered ~dequate by the Resource agencies to support dabbling duck populations current·ly using the lagoon. Salt/Brackish Marsh The salt/brackish mars~ acreage is composed of eX'isting niarshwti1ch occurs. above the dredge zone (+2.5 ft MSL).This· marshwoul.d experience regular tidal inundation as a result of the. lagoon enhancement but would not be methanically manipulated or changed. The introduction of regular tidal inflows' to the lagQon could cause the co~osition of plant species in the marsh to change.' The present distribution of plant species is a response to a hydrologiC ... gime in which the· lagoon . seasonally floods with freshwat.r and then drie$ out a'nd has hypersaline conditions. Tidal flows are rare. The present marsh veget,tion extends from approximately +2.0 ft. to over +7.0 ft. in sev .. ral areas. This marsh is a mixture of brackish and salt marsh species •. Studies in other salt marshes in San Diego County have found a number of physical factors to affect marsh .p.lant distr:fbution.· T~ese factors include: tidal inundaUon, elevation. slope, soil salinity, wave force and nutrients. The plan would introduce-regular tida,l inflows and create tidal zones in the marsh. The enhanced lagoon would. have a mean 'higher ·h·igh· t1'd. level at +2.5 ft. (MSL) and a spring high tide level at about +4.$ ft. (r4SL)'. Extreme storm tide levels could reach +6.0 ft. (MSL). Figure 25· depi:cts the elevational occurrence of certain species of marsh plants in relation to tidal inf1.uence. The range for each species is a maximum zone and the area extent of eaehin the enhanced lagoon may differ Significantly. In the fa~ eastern end of the lagoon the inflow of freshwater could affect the distribution of p:lant speCies and the brackish, less salt-tolerant plant ,speci.es (e.g. Sci,rpusro.bustus, Scirpus olneyi, Typha doming'ensis) may occa,r there~ Likewiseareasot' fre$hwater seeps may retain their brackish water species. However for the mOst part the reintroduction of tidal flows should create condition.s which favor the growth of salt marsh plants (e.g. Salicorn1.a virginica, Frankenia grand:ffo1ia, Jaumea carnosa) and increase the vigor of those sait mars.h plants aiready in the lagoon. Many salt marsh spec1es are active co~on.:f.zers of areas with. suitable condi tions. Cordgriss (Spartina fo-11osa) occupies ,the lowest zone of vegetation in a tidal marsh and does not presently occur in, Ba,t1qu; tosLagoon. It could be planted in expermen.tial areas once the project has been functioning for several years and sedime.nts and water levels have stabilized. Other m.arsh plant species. 1nclud1ng the endangered salt-marsh birds· beak (Cordylanthus mar1timus) could be introduced t~ the lagoon wetlands. . Overall it is difficult to predict how th~ species composition and 'extent of the marsh will change once the lagoon is enhanced.· For the most part the existing areas of marsh are conserved and changes in the acreage 6f marsh will be moM,tored. ,. /~» -. \' " .'~-:'~ ~~' Shorebirds are expected to regularly use the marsh both to forage for invertebrates in tidal sloughs and to roost during high tides. :Wading birds 12A ,--",' ,;--,', ' ~~~-------.----------. ELEVATION FTMLLW ,4 S , 7 i I' i I i i I i I I I I OM MIL. I i j i i 3 4 5 " 7 • • 10 11 1'2 CORDGRASS~ J "CICLEWEED~ ANNUAL '.CIC,-EWEED ~I. ===~~~. ~~~~:' ~~ ~=:::::----' SALTWORTI ~ MUM!A CA'RNOM ~I ======~~~~.~~.~;:. ;:=~---- .A~'L:'T:E;I========~~·=~~,~·~.~:==:I--~ f"ANICENI,A GftANQlfOLjAI ~ ========~~~, ~e;~;:. ~~==;::= MONANTt;tOCHLOE Lmg"ALISI ~I GLASSWORTL'--__ ~--_----~ .... ~~~~~~----JI HATCHING ·DENOTES E I.EVATIO~S WITH fREQUENCY OF OCCURRENCE GREATER THAN7a ' .' D1.tr1but101l of tM .at c..-,n halophyte. by alev_tion, at UjuaM latuat'y (Z.d1er 1977,. Data fI-. AAaha1a la, (lea ... " and Znbai 1979) were u.ed to extend the .ralll" of ..-:1. MyOM tM 3-to 12-da KSl. un.e ob •• l"Ved at T1Ju.an.a .. tuary. From Zedler,1982 FIG. 2$ 13A and some ducks may also roost and. feed in the marsh. Bird species use will depend largely upon ttle type of plants that predominate. For example, a' greater extent of pick1eweed marsh could su"pport more breeding pairs of Belding's Savannah Sparrows. More brac'leish marsh could support long-billed marsh wrens and other small birds. Freshwater Marsh The proposed freshwater. marsh would be a managed freshwater wetlan'd enclosed by an. earthen levee. The primary reason for creitionOf a freshwater marsh is to assure the continuance of the existing habita,t values at Batiquitos Lagoon. While the intertidal mudflats and subtidal areas proposed in the plan would create prime habitat for migratory shorebirds, wading b~rds and some waterfow~ t one component of the present fauna -the dabbling ducks requi re a fre'shwater component. The creation of a freshwater area would condense the present winter area of the lagoon for these speCies into a 33 acre-freshwater area and the 170 acre intertidal zone. - The levee is designed with an approximate SO foot toe and an Sto 1 slope. on the outer side and a 3 to 1 slope on the inner 'side (see Figure L). The gentle slop, on the outer $ide would allow for tidal water to inundate the lower portion of the levee and create mirsh and !I1Udfht. The 8: 1 slope is flat enough to avoid Wive erosion and the need for rip rap. The bottom tQe of the levee would be constructed at the approximate elevation +2.$ ft. (MSL) and_the top of the levee would reach +S.O ft. (MSL). The top elevation. would preclude yearly high tides fran overtopping the levee. The 11i·terior of the marsh would be recontoured to an elevation of +2 •. 5 to +3.0 ft. (MSL) andghen design provisions for deep areas and exposed plan.t areas to increase diversity. Wate.r depths would be controlled at six inches to'one foot. The dredging" would allow for the 'portion of the marsh closest to the upland to be .. hi-gher than the area nea r the 1 evee so tha t the ma rsh can be dra fned camp 1 ete 1=y • The water source for the JIIIrsh w111 be San Marcos Creek. A we"i.r would be placed in the creek at the El ca.ino Real bridge. at the +5.0 ft .MSL level. Th-is weir would detain water and the water would flow by gravity through pi-pes into the marsh. Given a JIIIxiD.1111 evaporation rate of 25 a~re fee.t per month in the sumer,-it is estimated that the JIIIrsh w111 require li2 cubic feet per second (cfs) of inflow during the SUll1lller. Sumer waterflows in the channel could fill this need. In the winter the need for water in the marsh 'may be minor since a small trf.bu·tary enters the !III"h area. The weir in San Marcos Creek would be deSigned such that no flood .prob1ems wo~ld occur. Additionally,. dual slide/flap.gates would be placed at seve-ral locations in the levee to allow for release offrestnfater when-levels are in excess of the six inch to one foot marsh depth and to allow the flooding of the marsh with salt water. All culverts, frames and gates would becoatedw1th' replacable zinc anodes and be made of eight gauge bitumtnous-coated asbestos-bonded galvanized steel for long wear and low maintenance. 'Salt wa·ter flooding in the SU/llTler could create. a year round habitat should a drought occur and could be used to contrQl .tules and other ",nwanted vegetation. Howev,er use of salt" water should remai'n a management option for the marsh, not necessarHy a ma'nda-te since it could adversely affect certain brackish to freshwater marsh plants needed for. 14A waterfowl. Whln viewed from the adjoining hills the marsh will look like a shallow water pond with small collections of bulrush 'or other marsh plants. The freshwater marsh would replace salt marsh and salt pan on the site. The water management scheme and finished bottom elevations of the freshwater marsh will largely determine what plant species inhabit the area. At present, there are not plans to plant marsh species, but instead, the plants would colonize by seed. Cattatl ,bulrush, three-square rush, pondweed and other aquatiC plants would be expected to invade the Shallow areas. Because soil s 1liiY ~main. brac~ish for the first years following construction, some species may be limited. H~ver. if the marsh is left strictly as a freshwater area t the soils will leach and salts should be reduced. The management of the marsh water levels and annual drying wil largely determine the plants which colonize and thrive there. Least Tern Nest Sites The U.S. Fish and Wildlife Service in conjunction with the Department of F1sh and Game determined a mininun of four least tern nlsting sites be created in the lagoon totalling approximately 32 acres. Thl plan provides for four sites -9ne 16 acre site near the Park and Ride lot, ani 12 acre site on the north shore. one 4 acre 'site within thl levee of thl freshwater IIIIlrsh and. one 2 acre site near the lagoon mouth. All theSI sites occupy locations of previously used nest sites. When tidal influence is returned to the lagoon. the previous nest sites on the salt panwl1l be floodl4. Therefore to provide-sufficient area for the terns to nest, new nesting sites have to be created. These sites would be created out of sand dredge spoils from the lagoon and raised up to +8 .• 0 ft. MSL. A layer of clean white imported sand with broken shell s would cap the dredge spoils. Limited maintenance of the nesting sites will be required; removal of all vegetation must be performed yearly. In ordlr to gain access to the nesting si'tes they are located close to the edges of the lagoon. In orde.r. to protect the sites against predators six foot cyclonl fencing will border the lagoon edge in the vicinity of the least tern sites and be located a mini~m of 100 feet fran the site'. Both ends of the freshwater marsh levee would be fenced. The fencing will restrict domestic animals and other terrestrial predators from entering the nlst sites. The fence is located at a distance from the site so that avian predators are not able to use the flnce posts as hunting roosts. An additional nlsting area could be gained if the levee surrounding the freshw4ter .. rsh .. re kept free of vegetation and covered with white sand. Least Terns in' the S.n Francisco Bay area nest on the levees of salt ponds. All four sites are designed to provide relatively isolated, dry sandy locations with clear views for the terns. A number of different sites are provided to allow for various locations nver the entire lagoon for the terns to choose from. A total of 34 acres of nesting sites are provided •. Construction Methods and Schedules The preferred alternative would r.equire. dredging and disposal o'f'approximate:ly 15A 3.0 million cubic yards of sand andsf1t materhl from the lagoon. Before exact construction methods can be outlined and a reHable schedule drawn up a number of tests ilUst be completed. The only studtes on the lagoon sediments are a limited number of corings of the lagoon bottom in the eastern basin and a larger number in the western basin (Woodward-Clyde Consultants, 1985; Shepardson Engineering Associates Inc •• 1985).. These corings reveal. infonnation regarding the grain size of the material and thus the thickness of clay and silt layers and sand layers over the lagoon ·bottom. These coring studies did not include' any chemical analysis of thematerhls however, and these tests Dalst be done before .f1nal pla"s for construction can :be completed. The coring studies give gross estimates of the quantit1'es of two classes of sediment on the lagoon bottom. The upper layers' of the lagoon bottom are primarily fine silts. clays and fine .sands with grain sizes smaller than .12S mm. The silt and clay layer in the east basin is 'much thicker than the west basin and could compose 60 to 70S of the dredge volume from the east basin. The total volume of fine sediment to 'be removed from the lagoon is between 1.2 and 1.0 million cubic yards. . The sand fraction in the lagoon Hes below the clay an'd silt layers and represents a larger proportion of the dredge volu~ in the western lagoon tn.n the eastern basin. The median grain diameter of the sandy se~iments in,the western lagoon is .18 II1II while the median grai.n diameter for the same layers in the east basin is .15 1IIIf. There are about 1.8 to 2.0 million cubic yards of sand to be' removed. These sandy sediments are coarse enough to be used for beach nourishment should bioassay and toxin testing prove negative (Jenkins and . .. Skelley. 1986). These two sediment layers III.Ist both be tested for the cOl1centrati on of toxi c chemical s. nutrient level s and other substances.. The. results of these tests will determine where the dredge spofls can'be disposed of and could have a great effect on the cost of the project. Detailed soils engineering studies will determine exact quantities and conditions of spoils. There,fore we will outHne a number of possible options for dredge disposal and construction methods. The most inexpensive method of dredging the lagoon is to use dry land techniques. CQns·truction would begin in the east basi 1'1 and progress to the west. In the early spri.ng (February-March.) the la.goon. mouth. would be opened and the lagoon drained. Inflowing streams would be diverted by pipe to the ocean. stormdrains or other appropriate outlet. Groundwater would be pumped out of the basin and. the lagoon bottom dried out. Rubber Uredscrapers or comparabl. eqlIipment would remove thesl1tand clay layers and they would be disposed of in one or several ways. The Silt-clay spoils must be dried prior to disposal and, if possible the adjacent north sho.re uplands owned by Sa/Tlllis and HPI should be used. Once dried and depending upon" the test results of the spoils they could be: 1 h,.trucked to a santtary landfill for di·sposa 1; 2)'"infxed with fine sands and.sold or given away as structu.ra1 fill; 3) used as landscaping fill or) adjace'lt 'properties; or 16A 4) disposed of in the ocean at a site approved by the Environmental Protection Agency •. The preferible o'ption would be to place the spoils on adjacent properties for landscaping fl1lshould they pass all needed tests for this use. Salllllis Properties has offered tO,accept approximately one half million cubic yards to fill a canyon on their property. A site is still needed for the retnain1.ng , 500,000 to 800,000 cubic ,yards and the golf course proposed by HPI has been su'ggested by several plan participants. Placement of the spoils on adjacent properties would avoid the use of public roads~ If the spoils are transported to other sites for disposal, additional equipment wi" be needed as the rubber tire scrapers can not travel 'public roads. A fleet of dump trucks would be used and would be loaded at the end of Lagoon Lane or other' appropriate access points. Both the landfill and ocean disposal options are prohib1tiv.lY.,expensive and nearby landfills may not have the capacity for such a large disposal project. Remixing' the spoils for use as structural fill w1l1require some additional space but could possib.ly be feasible. The levee for the freshwater marsh would be constructed from on site dredge spoils and is the only feature of the lagoon project which could ·ut1lize the clay-silt spoils. The interior of the IIIIrsh also' n,edstobe dredged to create • bottom elevation (+2.5 ft. MSL) such that water impounded in San Marcos Creek could flow by gravity into the IIIrsh. A suggestion for us'1ng the marsh as a reCipient site for silt-clay spoils to raise the base leve,l would require pumping water into the marsh, and thus increase yearly operating costs and is not recananded. The method for disposal fa the silt-clay layers will be determined after elutriate, bioassay and so11 engineering tests are 'completed through the environllllntal review, prel1m1:nary eng1nllr1ng and permit processes. The sand layers will also require certain toxicity tes·ts but they are of suitable size for disposal on local beaches. Elutriate tests and bulk sediment analysis test will be required. The lagoon dredging will produce approximately 1.$ to 2.0 m11110n cubic yards of sandy Nterial. Again dry land, methods would be employed if possible as they are less costly than dredging. The majority of sandy spoils lie in the western basin. These would be scraped up and transported to the lagoon mouth for placement on the beach. Depending on the type of construction used (dry land vs. dredging) the method for placement of the spoils on the beach may differ. If'dry land methods are used and scraping equipnent can fit through the three bridges, the scrapers cDuld deposit sand directly on the beach. A dirt haul road 1liiY be 'needed along the beach. If the scrapers can't transport sand directly they would load it into dump trucks at the end of Lagoon Lane for the east basin and Hwy 101 for the west basin or other appropriate access points. Dump trucks would use public roads to transport the sand to the beach. for d1 sposa 1. Some sandy spoil s wou 1 d be used to construct th.e least tern sites in the lagoon. Disposal of sandy dredge spoils on Carlsbad beaches is not only convenient to the lagoon project but allows for nourishment of a badly eroded.coastline. 17A Sand movement in this area has been 1nteruptedby the construction of Oceanside harbor which traps southward moving sand. In addition, the sand supply has been depleted by the danming of most river.sand streams and year round closure af many lagoons such that .sandy sediments deposit in the closed lagoon ar behind the' dam rather than being carried out ·to sea. ' The littoral cell 'supplying sand to the Carlsbad area begins abaut San Clemente and ends about La Jolla. Generally sand volumes are deposited onto the b~ach by ocean waves in spring and sl.lllller and e~oded aff the beach during winter. Qepending upon the amount of sand in the cell and the storm sizes. the width of sandy beaches in this region varies. . The profile of the Carlsbad beaches has,been measured in 1983 and 1984 (Flick et a 1. Seymour et a 1 ). The wi ntarof 1982-83: saw extreme. wave heights associated with E1 Nino. During the winter the large storm waves removed 200 cubic meters of sand per meter of beach, This erosion' quantity is associated with ext'reme storm waves. The following year winter stonns removed 20-35 cubic meters of sand per .ter of beach. These eroston losses represent more average winter storms. . As can be witnessed during a, trip to the South Carlsbad Beach, sand, is in short supply and the beach is often made, up only 9f cobbles •. The dredging of Batiquitos Lagoon has as a by product the placement of as'much as' two million cubic yards of sandy spo.ils into this littoral cell. While deposition of thi s amount just below Oceanside harbor .progessing. southward would be favorable , the cost to truck this much material exceed$ the costs of dredging it from the lagoon (,V. Hall. pers. conm.) Therefore, the placement of the material on the beaches )1kely will begin at the mouth of Batiquitos Lagoon and progress northward. One Hkelybeach nourishmient method would be the creation of large sand piles or dunes at the landwird edge of the beach. These dunes 'could be progressively pushed onto the beach to nQur1s·h the intertidal area. Numerous other methodS are possible as are various management options to increase the longevity of the sand on the Carlsbad, beaches. . The precise method for placement of ,the sand spoils on the beach and the miles of beaches covered will be de·termin.d through the env1ronll'lenta 1 review, preliminary engineering and pennitprocesses. Since State Department of Parks and Recreation owns and operates most of these beaches, thetr ·concerns and suggestions will help to determine what methods are use4. However, all cost estimates for the lagoon proj.ect .assume that the sand spoils. will be. pl aced on ·the beach in the most cost-effective manner .• ' Several constraints must be placed on'the construction activities to protect existing resources of the lagoon.ln order to minimize disturbance to the lagoon wetlands. heavy equiPll'lent will enter and leave the construction area at one ar two points where little or no vegetation is present~ Several locations on the north shore of the eastern bast" are appropriate. Access to the western basins will be more difficult and may ""d to be done under the Highway 101 bridge or from the f111 site in the northwestern corner of the western basin. The b·~§·t":ning of projec'i~0~onstruc:tion l~rgely w:t1l d~pend upon the· timing ·of penn'ft approval's and CEQA compHance. 'However the beg1'nning of construction must be scheduled either prior to the beg~nning of the nesting season of the lSA Least Tern or following fledging of all chicks. The nestfng time period stretches frOil April or May to August or September. If construction begins anytime during this period it would disturb the terns and cause a loss of a nesting season. 'Therefore construction .y begin in Mlrch or. October. Since it is more difficult and expensive to construct during the wet season, a March date .auld be preferlble. By timing the construction of the project to protect t~e tern, the constructlon should not affect any other endangered species~ Maintenance of the Lagoon Channel Waves such as occurred during the extreme storms of 1982-83 will no doubt occur again. These waves have enough energy to fill the lagoon channel inlet with sand and cobbles and overcome the scouring energy of the tidal prism flowing out of the lagoon. There are no reliable predictions for how often such extreme storms ~uld occuri there are also no fOQlproof predictions of how wel' the lagoon channel will Mintain 1tsllf undlr nOl'"lllllw1ntlr stonn waves. In addition. the large concentration of cobbles presently blocking, the lagoon lIIOuth is a major concern in the self maintenance of the lagoon mouth. It is not entirely clear that the proposed tidal pr1s. will be able to consistently push these cobbles from the lagoon Channel. Sole type of back-up system is required to open the lagoon channel should it become clogged. A number of different methods art possible. The Highway 101 bridge and its supporting piers create a narrow constricted channel which does not allow for certain types of equipment to operate las11y. Bulldozers and some dredging equ i pmen t will not be ab 1e to opera te we 11 to ell. r the channel. The recommended method would be the use of a drag bucket which could scoop sand and cobbles out of the channel and redeposit thllll offshore·. There are two alternative ways to set up a drag bucklt system. The recoftllllnded alternative is discussed in Jinkins I Skelley (1986). The following excerpt describes the system. ·Drag buckets have been used succlssfully in both inlet lIIIintenance and beach nourishment from offshore dlposits. Thl best design has been the Sauennan drag-scraplr. It 1.s a bottomless bucket with three vertical sides, a lid. with a front side open to the scraping direction and a backside: that is clOSed. The bucket 15 dragged seaward through the inlet by a shore mounted wi.nch operating an endless loop drag-cable system to a block and tackle IIOOred offshore to the bottom. As the bucket is dragged seaward, it fills wi.th sediment until reaching capacity. On the return haul to shore. the contents of the bucket are deposited out the open end at the point of reversal. ·Considering the inlet dimensions at Bat1quitos. as well as the volume of sand that had to be excivated to reopen. the 1 agoon "in September 1985, it is estimated that an inlet bar would typically comprise about 300 cubic yards. Practical experience has shown that 300 round trips of the bucket are feasible per day. Therefore a 3 cub1.c yard capacity bucket WOuld allow clearing of the inlet in abqut 1/2 day. This would ~uire a 260 ,horsepower winch to drag a bucket of this size. The block and tackle should be anchored seaward of the mean shoreline by about 850 ~eet in order to avoi d 19A seasonal burial by bar f.ormations. A 350 pound Danforth anchor woul d provide I 7 kip mooring with a 2: 1 safety factor for the bloc·k and tackl e. The block Ind tackle is secured to the anchor using· a length of pig-tail sufficiently long to reich the surface at the moori"ng pOint. A marker float is attached to the block and tackle at the pig-tail~ Th. endless loop drag cable ~st be recovered upOO ~ompletion of ·the scraping oper.at10n. This involves I small boat recovering the marker f1olt. ~aising the block and tackle to the surface. and disconnecting it frdlllthe pig-tail. The drag cable Ind block Ind tickle are then retrieved by using the shore mounted winch. The pig-tail and anchor are left on the bottom with the mark~r float attached for future relocation. To initiate scraping operations., a polypropylene rope ~st be brought out from the shore to the marker float. There a small service bOlt is anchored. USing the propylene line a winch on the service boa.twill haul the drag cable and bloc:k and tackle. assembly out to th4! mooring site. The mar~er flo.t 11ne is used to retrieve the pig-tail and reattach the block and tackle. Th15 procedure requi res rel'a·tfvely calm seas to initiate. Furthermore recreational swillllli.ng ~st be prohibited 100 feet to either side of the drag cable during scraping operations.- This system wou.ld only be set up when needed and fs relatively i·"expensive to operate. The shore mounted winch would' be Jocated o.n the fill 'site at the northwestern corner of the western lagoonbasfn. The drag bucket sys.tem would be able to remove both sand cobbles from the channel •. The drawback to this system is the hazard it poses to swimers when ·the cable is in use and its limitations for use in heavy seas. The second alternative involves constM.lct1.on of a pier for use as a base for a drag bucket $,Ystem. This alternative· fnvolves: -This approach would build a short pfer, 400 feet in length and parallel to the axis Qf the inlet chan,nel. The pier should extend 300 feet seaward and 100 feet into the lagoon channe·l. The deck Qf th1.S pier would be at the' elevation ofthl Highway 101 bridge, +19 feet MSL, ·and should provide access to the highway for a mobile crane. The mobile crane is operated on the deck of the pier and is used to drag the Sauerman bucket. seaward to perform the scrapir:tg operations in the inlet channel. The scrapi,ng . operation COuld be performed fro. the pier in higher sea states than cou1d the drag cable method, and would not involve the potential hazard to ·the swinne.rs associated with the drag cable. The pier could be used ~s a recreational fishing pier when scraping operations are not being perfdrmed. The estimated cost in building such a pier is $2,000 per foot, or a· total of $800,000.·' ' . . The disadvantagtts'of this 'system are its high 'construction costs" high' maintenance costs and the need for a publ1cagency to operate the p4er and accept ownersh1.p and liability. For thlse. reasons· this plan recomnends the use of the first alternative, a clrag bucket syst .. using an offshore bottom moored, block and tackl •• 20A Altern .. tivePl .. ns The primary differences between Alternatives Two, Three and the preferred Alternative is the size of the proposed tidal prism and thus the dredging requirements and the acreage of intertidal and subtidal habitats. Most of the features of the plan --construction methods, maintenance of the lagoon channel, sediment control program, public access trail, lagoon ownership and 'management,operation and ma1ntenance and monitoring program remain the same for all three alternatives. The habitat acreages f6r the freshwater marsh, Least Tern nest sites remain the same as the, preferred alternative. The acreage of salt/brackish marsh differs slightly due to differences in the dredging proposed for th~, far western basin. Therefore, the following discussion will focus on the major differences between Alternatives Two and Three and the Preferred A 1ternat'ive. Alternative ,Two This alternative wuld have a potential lilian diurnal tidal prism of 60 million cubic feet and a potential perigean spr1.ng tidal prism, of 89 million cubic feet. This size tidal prism lilY not necessarily be la-rge enough toma1ntain an open lagoon .ntrance channel against large storm waves.' As outlined for the preferred alternative, the estimation of closure conditions' for lagoon and estuary entrances is not an exact pro~es's. As illustrated in Figure 7, Alternative Two appears' to fall in the -never closed-portion of the graph. However. this 11ne of separation is only approxillllte. The mininun tidalp,rism needed to keep a coastal lagoon -always open-can only be estimated within a factor of two. Should thJs line be offset by a factor of two, Alternative. Two woul d border on the -infrequently closed-category. There is not as IIIIch assurance that this size t1da' prism will sustain an open lagoon channel as there is for the preferred alternative. The hydrodynamic model was used to est1mate the d1 fferences 'between the actua 1 and the potent1al diurnal tidal prism. The model found the difference was small, approx'imately 5S. Consistertt with the model findings, Alternat1ve Two proposed very limited dredg i ng in the far western basi n. A subtidal channel wou 1 d be dredged but the area to the south of the channel would be left as would a portion of the area to the north of the channel. The IIOdel showed not sign1ficant dampening of tidal flows with this configuration. The dredging of the lagoon under Alternative Two would remove approximately 2.1 m11110n cubic yards of .. terhl. The cross-sections of the lago'o" would ' resemble those for the preferred alternative (Figures J and K) excepting the intertidal zone wuld increase in size slightly and the subtjdal zone. would, diminish in width slightly. The dredging is designed to conserve most of the existing -.rsh·acreage. Tida' heights in the lagoon under Alternative Two would approximate those created under the preferred alternative. The cross-sectional area of the entrance channel would be about 1500 square. , feet below MSL. The side slopes would be riprap lined at a 3:1 slope through the beach to the rt.LW l1ne. The piers on the Highway 101 bridges would require fortification and protection from undercutting'. 21A Alternative Two would create the following habitat acreages: Subtidal Habitat Intertidal Habitat Salt/Brackish Marsh Freshwater Marsh Least Tern nest1.ng sites Total 111 215' 143 33 34 596 acres The distribution of these acreages is 111ustra·ted in F1.gure N. Alternative Two would create a larger 1nteriidalhabita:t and smaller subtidal habitat than the preferred alternative. This difference would c;reate a larger. area of habitat for intertidal invertebrates and thus i largerfeedlng habitat. for migratory shorebirds, residentlago'on 'bird species and some .~aterfowl. The subtidal habitat would allow a sN11e .. area for ocean anq estuartne fish species, subt.1dal zone invertebrates and diving ducks; gulls and terns. The acreage of other habitat types does not differ apprec;iably from the preferred alternative. The prfmary drawback to Alternative Two is the uncertainty rfgardfng the. size of the tfdal prism and its a~equacy for maintaining an open lagoon channel. Wfth the slightly larger tfdal prism of the preferr.d alternative, the assurance of retafning an -always open-inlet is greater. Should the lagoon mough close fn larger storm waves.; it could be several days to several weeks to reopen the mouth using the drag bucket system proposed. The drag bucket system cannot be used in heavy seas and could not be 'operated untfl calm weather prevailed. If ,several storms Occur in a row, the delay could reach several weeks. The delay .could reach an even larger time period should equf JJlM!nt failures or person.nel problems ·occur.· . : Ouri-ng the time the lagoon is closed, ttle ,w4ter fn it w111 be trapped as will fish and other aquatic organfsms. If impounded for any length of time, disso hed oxygen 1 eve 1s 1 n the lagoon cou ld· drop·, a,l gae b1 coms cou 1 d 1 ncrea·se t as would nutrients. sal1nityand temperatures.. The fish arid other aqua,tic creatures would eventually die. This problem should.generally be avoided by assuring a larger tidal pr1sm to help maintain the lagoon' opening. Alternatfve Three Alternative Three has a tidal prism which is consfderabJy smaner than either Alternative TWQ or One. The potential mean diurnal tidal prism would be 46 million cubic feet. The smaller size of the tidal prism is not large enough to maintain a lagoon opening aga'fnst largew1nter stormwave·s. As figure 7 indicates, this alternative fs within the area of the graph for la.goons that ar~ -always open-. However, since this estimate is approxfmate and. could be offset by a factor of two, this alternative would then become -infrequently close~~,~. There is very, .... Httle assurance that· the lagoon inlet will remai.nopen most of' the time for Alternative Three. . 22A The hydrodynallic IIIOdel was used to estimate the differences between the actual .nd the potential diurnal tidal prism. The model found the difference was small. about SS. The dredging of the lagoon under Alternative Three would remove about 1.3 min ion cubic yards of IIIIteri.al. A large portion of the dredged area would be 1 ntert 1 da 1 wi th a wi de s~bti da 1 channel_ runni-ng the 1 ength of the 1 agoon. The dredging is designed. to conserve most of the existing marsh acreage. A limited area of dredging is proposed for the far western basin. Tidal elevations' in the lagoon under Alternative Three would approximate those created under the Preferred Alternative (see Table 19). The cross-sectional area of the entrance channel below MSL would be about 1200 square feet. Side slopes would be 3:1 and lined with riprap through the beach to theMLLW 11ne. As with Alternatives One and Two, the piers for the Highway 101 bridges will require fortification f1"Oll undercutting. Alternative Three would crea-te the following habitat acreages: Subtidal Habitat- Intertidal Habitat Salt/Brackish ",rsh Freshwater Marsh Lest Tern Nest1-ng Sites Total 71 315 143 33 34 -596 acres The distribution of these acrages is illustrated in Figure O. Alternative Three would create a very large are. of fntert1dalhab1tat and.a small area of subtidal hab1ti·t. Thi.5 plan would s1gnificantly1ncrease the' habitat are" for interti.dal inverttbrlte$ and feeding area for migratory shorebirds. resident lagoon speci.s I"d some waterfowl over the preferred alternative. Subtidal acreages would allow for a decrease in this habitat over the preferred alterna·th. with attendant decr,lses in proposed o~ean and ,st~ar1ne fish habitat and feeding arel for diving ducks. gulls. and terns. The acreage of other habitat types fs about the same as the preferred .1 terna tive. Atternativ. Three would not create In adequate tidal prism to assure that the lagoon chl.nn.l would .remain openfn most large storms. Considerable effort would be n.eded to keep the. lagoon funct1.oning IS a tidal system. Thedrag bucket system .,uld have to b. used frequently and lon_g delays in reopening the lagoon lIIOuth would occur. It might prove useful to use a different channel maintenance system for this alternative. such IS the pier Ind drag bucket system. This other system does not require calm weather for its operati_on and could more effectively .inta·in the channel under this alternative. Since lagoon closure would be more frequen.t under Alternative Three. the problems associated with this condition would be more pr,valent. Unless a more effic1ent channel maintenance system were installed, closure periods could be quite lengthy. The actuatic organisms trapped 1ns1de the' lagoon ~ould undergo 23A stress as teq,eratures and salinity increase, dissolved oxygen' deerea.!es and algae blooms .and nutrients 1'ncrease. Many fish and oth~r creatures eouid die as the lagoon conditions change from a tidilly flushed sys,tem to an impounded system. Under thfs alternative, the only way to avofd these problems is to install a ver,y efficient lagoon maintenance system and have the funds and personnel avaflable to run ft. No Project Alternative· . The No Project Alternative would l,ave the lagoon in its present state wi-th'no enhancement. The lagoon would continue to function as a seasonal wet1and and be dependent upon freshwater inflows for its pr1mar,ywater source. The water quality problems which currently exist would continue. Probably the greatest change which would occur, barring any other enhancelllfnt proposals, wou,lq be the slow f1111 ng of the lagoon wi ~h sedf mant.Ourf ng Novemb~r and December of 1985, portions of the east basin 'were covered with .4 to .7 feet of new sedfment. As the watershed continues to develop and upstream grading and agricultural practices remain relatively unchang.d, the lagoon will continue to fill with sediment. Eventually" much of the elS,tern b4sin may be rarfsed to sufficient elevation that marsh will replace sand/mud flits. IJ sediment deposi ts are great enough, they could increase elevations such that 'ri parian ,trees will replace sa 1t and bracki sh marsh "as 1,s now occurr1 ng at the mouth of Encinitas Creek. Although the lagoon WOuld not loose habitat area, the types of habitats may change. 24A \ I \ ~ 1 '\ 1 o 1000 2000 3000 , -I , , , .. , , \ \ ( . I ) , . I ,,/ BATIQUITOS LAGOON ENHANCEMENT PLAN fiG, I PREFERREDAL TERNA TIVE ~ EXIITING IEDIM.NT BAlIN' o SEDIMENT BAliN PROP08ED IN THII PLAN c::) IUBTIDAL ZONE(-I.O It.-I.' ".,NGVD) o INTERTIDAL ZONE(-I.' fI.-I.O ,t.,NGVO, • -IALT MARIH ., .~ 4ID> LEVEl IU,.-RAP LEAST TERN 'ITI!' C11:1 aa T"~ C.hfuflll~ SI.I~ t~o., •• 1 CO~~l" \" ,,~t:\ • SEDIMENT'BAliN PROP08ED BV OTHERDEVELO,.MENTI ~ IRACKIIH/fRElHWATER MARSH _ RIPARIAN ----WETlAND BOUNDARV :J. -, t f" \ . \ \ \" 1 o 1000 2000 3000 , , , I , t •• t \ • \ ~. I -\ , , \ ( · • · ) , , I ,./ BATIQUITOS LAGOON ENHANCEMENT PLAN fIG.N PLAN AL lERNA liVE NO. 2 ~ EXlaTINO aEDIMENT 8A81N o aEDIMENT 8AaiN PRoPoaED IN THla PLAN aUBTlDAL ZONE(-I.O ft.-2.1 f,.,NOVD) INTER'TlDAL %ON£(-2.1 ft.-Z.O ft.,NOVD) aALT MARSH ., ~ @ LEVEE RIP-RAP LEAST TERN slTea C~ C~ T .. ,.,· .. I,I .. "". S ...... ,1.,1 .. (:U'::.lH\ 4,'\, • • 8EOIMENT BAalN PROPoaED BY OTHER DEVELOPMENT. C) o .. ~ .. 8RACKIaHIFRESHWArER MARSH RIPARIAN ---'-WETLAND eOUNDARY , \ I \ ~ 1 '\ 1 o 1000 2000 3000 , , • 1 , •• t , \ \ ( I I ) , I I COSTA BATIQUITOS LAGOON ENHANCEMENT PLAN f:lrJ CE fiG. 0 PLAN ALTERNATIVE NO.3 ~ EXISTING SEDIMENT BASIN o SEDIMENT BASIN PROPOSED IN THIS PLAN • SEDIMENT BASIN PROPOSED BY OTHER D-EVELOPMENTS Q SUBTIDAL ZONE(-I.O 11.-2.5 tI.,NGVD) ,0 INTE~TlDAL ZONE(-2.5 11.-2.0 U.,NGVD) c.m SALT M:ARSH & BRACKISH/FRESHWATER MARSH • RIPARIAN .?' LEVEE ~ RIP-RAP T .. C' .. :.I, ..... . S'ooIIC , ...... ,. C()""~i:H\ ,,-, ifUP LEAST TERN SITES __ ---WETLAND BOUNDARY EXHIB IT B DEFI NING SU PPORT TO BE PROVIDED TO CARLSBAD BY BOARD TO ACCOMPL I5-H BA TI QU nos LAGOON ENHAN CEMENT PROJE CT 1. Statement of Purpose This Exhibit constitutes a separate agreement between the City of Carlsbad (CARLSBAD) and the City of Los Angeles acting by and through the Board of Ha rbO r Coinmi ss i Ohers (BOARD) to specify the payment and support obl.igations of BOARD to CARLSBAD pursuant to the Agreement for the marine habita-t enhancement of Batiquitos Lagoon (Principal Agreement) t'o which thi s Exhibi,t is attached. It is the intent of this Exhibit to require the BOARD to pay ai 1 direct and indirect costs incurred by CARLSBAD as requited by the Princi pal Agreement and to provide all support requi red by CARLSBAD in order for CARLSBAD to' perform its obl iga\:ions under the Pr inci pal Agreeme nt provi ded CARLSBPDagrees that BOARD I S responsibility to reimburse costs CARLSBAD has incurred shall canrrence only after the moni es depos i ted by PACIFI C TEXAS into the Escrow Account under the tenns of Cali forni a Coasta 1 Commission Pennit No. 5-85-623-A hav,e first been expended subject to the provisions of Section 5(b) of-the Princi'pal Agreement. 2. Processing of Environmental Documents and Permits a. Subject to exhaustion of the above referenced Pacific Texas deposit, pursuant to Section 2 of the Principal Agreement BOARD shall pay all costs directly or indirectly incu,rred QY CARLSBPD1S processing of any pennits, approvals, entitlements, or reports for conSideration by CARLSBAD or any other 1egi sl ative or adm,ini strative age,ncy provi ded, hm'/ever, Project t·lanager must approve in advance -expend; tures of mOTe than Ten Thousand Dollars ($10,000). Such tosts shall include, but not be 1 imited to, the salaries of any CARLSBAD employees, fees for consultants or special counsel, and cost of providing publ ic notices and any overhead. ' b. In accordance with Section 5'(a) of the Principal Agreement and subject to the exhaustion of the above-referenced Pacific Texas deposit, BOARD shall pay CARLSBftl) its costs as defined in thi s Agreement after fi rs't providi ng 'Project Han'ager a monthly itemized billing detailing services provided and costs-incu,rred. CARLSBAD shall account to BOARD for all costs incurred upon canpletion of the tasks aSSigned to CARLSBAO under Section 2 of the Principa,' Agreement. -1- c. Process i ng and cons ideration of envi ronmenta 1 documents shall be done pursuant to CARLSBAD and applicable state and federal law. 3. Project Construction a. The obligations regarding Project's design and construction are generally set forth in Sections 3, 4 and 5 of the Principal Agreement. BOARD shall indemnify CARLSBJlD for any di rect or indirect costs incurred by CARLSBAD; n the performance of CARLSBPD"S obligations under Sections 3, 4 and 5 of the Principal Agreement. Such costs shall include, but not be limited to, the salaries of any CARLSBAD employees, . fees for consultants or special counsel, and cost of provi di ng publ ic nottces and any overhead. ,Construction shall be accomplished according to the provisions of the CARLSBAD Hunicipal Code and applicable state law. Contracts shall be awarded pursuant to the law and policies appl~cable to other public works projects of CARLSBAD.. Contracts' shall be between the CARLSBAD and selected Contractor(s). The contract for construction will be awarded to the lowest r~sponsible bidder. CARLSBAD understands that pursuant to the Principal Agreement, BOARD reserves the right not to proceed with Project's construction. CARLSBAD agrees that Project bidders shall be infonned in the Construction specifications that CARLSBAD 'reserves the right not to award a contract for any reason. CARlSBJ1JJ also agrees that 00 contract will be awarded and all bids Wlll be rejected if BOAro is not willing to proceed with the Project. If a contract is awarded, CARLSBAD wi 11 be reimbursed its, costs associated with construction and the construction contractor will be paid from the funds described in Section 5(b) of the Principal Agreement. ' b. The following resources will be provided to CARLSBPD by BOARD under the provisions of this Exhibit and Sections 4, 5 and 9(a)(i) of the Principal Agreement. ' I. A full-time Project Manager dedicated to the Project fran the ini tial envi rohmental revi ew stage through to the completion of the construction phase of the ' Project's implementation program. The Project Manager shall be selected by mutual written agreement of CAR.SBPD and BOAro fran <l list of qualified applicants prepared by BOARD. With the written approval of CAR.SBJ1JJ, BOARD may, fran t iine to tiine,' repl ace the Project Manager with an individual whose qualifications and/or experience are best Stiited for the particular phase of the Project. The Project Manager shall report to and take di rection fr!ll1 the CARLSBPD City Council as implemented through the CARLSBAD City Hanager or his designee, provided, however, CARLSBAD agrees that it -2- will at all times consult with BOARD if BOARD expre~Ses any concerns regardi ngthe project and will implement all requests of BOARD unless it expressly finds ~uch requests are unreasonable. The Project Manager shall comply with all laws, rules and policies of the City of CARLSBPD and may be renoved bY BOARD or the CARLSBAD City Council, after consultation with BOARD, if his/her performance is in any'respect unsatisfactory. The Project Manager shall be provided appropriate office space and facil ities, if ava ilable, (phone, copier, files, etc.) by CARLSBAD. If leased space or equipment is necessary, the cost shall be paid by BOARD. The Project Manager may augment hi s.jher staff in the manner set forth in his/her agreement wi th BOARD fran time to time as appropriate (e.g., clerical support). The Project Manager1s duties and responsibilities S'hall include,-but are not necessarily limited to: (A) Managing consult'ants required to accanplish any of the preliminary design, environmental review, design, permit processing; or construction management activities. . (B) Preparing staff reports for andschedullng actions by CARLSBAD or BOARD including consul tant selection, advertisement, bid opening and contract award. (C) Processing invoices,. VOUChers'; etc. for timely payment by BOARD. (D) Proc~ssing progress payments to contraGtor(s). (E) Preparing progress reports to CARLSBAD and BOARD as appropriate. Establishing and maintaining a publ ic information program on status of Project. (F) Preparing and submitting permit applications. (G) Supervis ing cl erical employees, inspectors, construction managers, surveyors ·as may be required. (H) Processing contractor payments, claims, change orders, stop notice's, .etc. during the construction phase for action by CARLSBAD. (I) Coordinating Project events V/ith CDFG, PWS, NNFS CARLSBAD, and BOA~ staffs. The Project r·1anager shall, subject to the di rection of control of CARLSBAD and BOARD as described above, have -3- complete authority to carry out the Batiquitos Project provided, however, that the Project Manage.r shall have no ~uthority to commit CARLSBAD or BOARD t6 the payment of any money or the perfonnance of any act wi thout the appropriate prior approvals.. All contracts entered ·into by the Project r'lanager shall be let and administered according to CARLSBAD law and policy or state law as appl icab1e to CARLSBPD. II. Reimbursement fot CARLSBAD employee salaries and expenses directly related to Project's implementation upon rece ipt of monthly certifi ed staterrents. III. Funding fo.r consultants hired to accomplish preliminary eng i neeri n9 stud i es, envi ronmenta 1 revi ew, obta i·nirig permits, final desi.gn, entitlements, or approvals. IV. Hi.ring and funding of neoessary inspectors, surveyors, resident engineer(s), contract admini'strator(s) for the construction phase of the project. V. Ne ces s a ry su p po rt from BOARD s ta ff reso u rces ;'nc1 udi ng : (A) BOARD'S Pacific Texas Project Managers (B) Envi rormenta1 speci a1 i sts (C) Engineering review of preliminary and final project designs, estimates, schedules and calculations (D) Legal assistance VI. Furnishing all plans and specifications for construction of the Project. c. Contracts necessary to implement the Batiqu1tos Project shall be entered into by the City of CARLSBPD in confonnance with its app1 icab1e 1 aws and regu1 ations. Contract expenses shall first be paid fran the Fifteen Million Dollar ($15,000,000) Pacific Texas deposit (Twenty~·lillion ,Dollar ($20,000,000) deposit if the project costs exceed Fifteen Hill ion Dollars). If the Batiquitos Project costs exceed Twenty Million Dollars ($20,000,000), then BOARD agrees to pay the excess amount provided, however, if BOARPdisputes the appropriateness of any such costs, whether rrore or less than Twenty '·1i11ion Dollars ($20,000,000) then CARLSBAD agrees not to pay such costs so long as 'BOARD defends and indemnifies CARLSBAD agai nst any rel ated 1 itigation and provided further such costs sha·ll be payable only frQTI the Harbor revenue fund. -4- d. CARLSBAD and BOARD assume that any property rights which are necessary to undertake the project will be acqui red 'by voluntary dedication or purchase. If it is n~ce~sary to condemn any interests in land to undertake the construction .or maintenance of the Project, CARLSBAD agrees it will file and pursue to judgrrent the necessary condemnation action and BOARD agrees that the costs of such s'uit and the judgment shall be paid in the same manner as any other project related costs under this Agreement. e. CARLSBPJ) shall first be reimbursed for proJect related costs from the fund deposited with the Coastal Commission in the manner as the Commission staff, CARlSBPJ) and :BOARD shall agree. If and when this fund is exhausted, GOARD shall reimburse CARLSBAD for all costs \'iIich this Agreement covers v/ithin thirty (30) days of receiving a monthlY certified statanent frOO1 CARLSBPD •. As mentioned above, if BOARD di sputes any costs eTai med by consultants or contractors, CARlSBPD shall not pay such costs so long as BOARD defends· and indemnifies CARLSBAD from any resultin,g. lawsuits. f. To the extent that services are not provided by a Project Manager CARLSBAD may hire and pay for consultants, surveyors, resident engineer(s), contract qdministrator(s), legal counsel and experts, deemed necessary by CARLSBAD to accomplish its obligations under the Prin.ci'pal Agreement. However, before independently retaining such consultant CARLSBAD agrees to, firs t make written request to Project ~1anager and BOARD to provide the needed services. To the extent that the payment for these persons i'snot addressed by the funding and payment provisions of the Principal Agreement, BOARD shall upon receipt of a written statement, reimburse CARLSBAD for any payments made by it. 4. Hold Harmless a. BOAro shall defend, indemnify and hold hannle.ss CARLSBPD and the State of California (STATE) from any and all claims, liabilities, damages, losses or causes of action, of whatever nature (contractual, tortious, or otherwise) resulting or arising frOO1 the performance of the Principal Agreement or this Exhibit unless the claim, Hahility,. damage, loss or cause of action arises solely fran the intenti.qnal actions of CARLSBAD or STATE. BOARD wi'll be responsible for all litigation which may arise out of any of the construction contracts and for resolving or attempting to resolve all cla ims. arts ing out of the cons truction contracts. CARLSBPJ) shall not be responsible for payment of any cost overruns; to the extent that the cost of construction exceeds the funds depOSited, BOARD shall indemnify CARLSBAD. The provision is intended to Qb 1 i ga te BOARD to protect arid defend CARLSBAD and STATE and to pay any settlement or judgment against CARLSBAD -5- or STATE resulting from the performance of the Principal Agreement or this EX.hibit unless CARLSBAD or STATE intentionally fails to perform their express obHgations and the failure is the sole cause of the damage, injury or loss. b. It is agreed that any claims arising from this Agreement and the Lagoon Enhancement Project will be treated as falli ng under the California Tort Claims Act Government Code Sections 810 et seq. and that the City of CARLSBAD, City of Los , Angeles, and STATE their Boards, officers and employees will raise all applicable immunities and defenses if a claim i.s filed against any entity. c. The bidding contracts and specifications entered into between CARLSBAD and the necessary contractors and consultants will all have the following provisions provid'ed, hO\'/ever, that if it is not possible for a prospective . consul tant or contractor to reasonably meet one or more of the insurance requirements, then CARLSBAD, after consultation with BOAR) may waive the requirement. Before any such wa.iver shall be granted, BOARD shall first"be provided ali opportunity to itself purchase additional insurance if it desires. I. Indemnification and Insurance. The contractor or consultant retained pursllant to thi s Agreem'ent shall at all times rel ;'eve, indemnify, protect and save harmless (1) the Cities of Los Angeles (including its Harbor "Department) and CARLSBAD (CITIES) and (2) the State of Ca.1ifornia (STATE) and any and all of their boards, officers,agents, consultants and employees from any and all claims and demands, actions, proceedings; losses, liens, costs and judgments of any kind and nature whatsoever, including expenses 'incurred in defending against legal actions, for death of or injury to persons or damage to property including property owned by or under the care and custody of Cities or STATE and for civil fines and penalt.ies, that may arise frcm or be caused di rettly or indi rectly by: .(A) Any dangerous, hazardous, unsafe or defective condition of, in or on the premis~s which are the subject of this Agreement of any nature v/hatsoever, which may exist by reason of any act, omiss;'on, neglect, or any use or occupation of the premises by Contractor or Consultant; its officers, agents, "employees, subcontractors or subconsultants or consultant. (8) Any operation' conducted upon or any use or occupation of the premtses by Contractor or -6- Consultant, its officers, agents, employees, subcontractors or subconsultants unde'r or pursuant to the provisions of this contract or otherwise; (C) Any act, omission or negligence of Contractor or Consultant, its office:rs, agents, employees" ~ubcontractors or subc'ollsu 1 tantsrega rdless of whether the negl igence of the City of CARLSBAD or the City of Los Angeles or STATE contributed to such act or fa il ure to act; (D) Any failure of Contractor or Consultant~ its officers,. agents or employees to comply with any of the tenns or condj tions of this contract or any applicable federal, state, regional, or municipal law, ordinance, rul~ or regulation; , (E) The conditions, operati.ons, 'uses, occupations, acts, omissions or negligence referred to tn Subdivisions (1), (2)" (3),and (4), existing or conducted upo n or ari sing fran the us e or occupation by Contractor or Consultant on any other premises within the City of CARLSBftD related to this Agreement. The Contractor or Consu ltant al so agrees to indemnify CITIES and STAT~ and pay for all damage or loss suffered by CITIES and STATE including but not limited to damage to or loss of CITIES' or STATE's property caused by or a,rising out of the conditions, operations, uses, occupatfons, acts, omissions or negligence referred to in Subdivis'ior'ls (A), (B), (C), (D), and (E). The 'Contractor or Consultant agrees that it \'/111 maintain the insurance specified in the contract. All such insurance s hall be written at su ch 1 imi ts and wi th such c~pa,ni es as are acceptable to CITIES and STATE and the Contractor or Consultant shall provide CITIES and STATE with proof of said insurance as specified below. I I. Workers' Compensat.i on. (A) The Contractor or Consultant will be required to secure the payment of compensation to its employees injured while perfonning work or la'ber necessary for and incidental to performance under this Agreement in accordance wi th the, provi si ons of Section 3700 of the Labor Code of the State of Cal ifornia. -7- ./ .~ (B) The Contractor or Consultant shall file with CITIES one of the following: 1) a c~rtificate of consent to sel f-i nsure. i·ssued by the Dtrector of Industrial Relations, State of Califo.rnia, 2) a certificate of Workers' Compensation insurance issued by an admi tted insu rer, or 3) an exact copy or duplicate thereof of the policy ce.rtified by the director or the insurer. Such documents shall be filed prior to commencing the work of this Agreement. (C) Where the Contractor or Consul tant has anployees who are covered by United States Longshoremen and Harbor Workers' Compensation Act cove'rage, the Contractor or Consul tantmust furnish proof of such coverage to the satisfaction of CITIES. It is suggested that the bidder consult its insurance agent to determi ne whether its proposed construction methods will render its employees subject to coverage under .the Act. III. Liabil ity and Protection and Indemnity Insurance. (A) The Contractor or Consultant shall fU'rhiSh a policy of comprehensive general liability insurance, including endorsements for contractu.al 1 i abi 1 i ty assumed, and automobj 1 e 1 iabi 1 i ty insurance, in which CITIES and STATE, ·their boards, officers, agents, and employ~es are named insureds or are incl uded as addi tionai insu reds wi th the Contractor or Consultant. Contractor shall also include an endorsement for products and canp.letect operations insurance. Consultants shall provide errors and omissions insurance. The canprehensive general liability policy shall fully protect and save harmless the addi tional i'nsu reds fran any and a 11 cl aims for damages for bodi ly injury, including wrongful death,. as well as fran claims for property damages ,whi ch may arise from· operations ui1~er and .in connection with this contract,whether such operations be by the Contractor or Consul talit o.r by any subcontractor or subconsul tant or anyone directly or indirectly employed by either of them and whether liability is attributable to the Contractor or Consultant o'r any of the 'named insureds. Such policy shall protect the City of Los Angeles and its Harbor Department and the City of CARLSBPD and the STATE their officers, agents, and employees while acting \'1ithin the scope ·of their duties, against all claims arisi·ng out of or in connection with the work. -8- (8) The minimum limits of Liability Insurance shall be the 1 imi ts nonnally carried by the Contractor ,or Consul tant but not 1 ess than $15,000 ,000 combined single limit for property dam'age and-bodily injury including death (or such other amounts as· CITIES may specify). If the submitted pol ici-es contain aggregate 1 imits the Contractor or Consul tant shall provide evidence of insurance protection for such limits so that the required coveroge is not diminished in the event that the aggregate Hmits become exhausted. Said limit shall be withOut deduction, provided that CITIES and their des ignee may permi~ a deductible amount when, in their judgment, it is justified by the' financialcapqcity of the Contractor or Consul tant. . (C) Nothing herein sha,ll be construed as 1im-iting ion any way the extent to which the Contractor or Consultant may be hel d legally respons ible for damages to persons or property. . (D) ,When the work of this speCification requires the use of watercraft, the Contractor or Consul tant must add; tional1y provide protect;-on and indemnity insurance in the amount of $15,QD.O,.OOO-combined single limit for marine li,ability subJect· to the same terms as in A, Bt and C abdve., IV. Comprehensive and Special Hazard Insurance. (A) During the progress of the wor,kunder th.is contract and until its final acceptance, the Contractor or Consultant responsible for the'work s hall have the charge anq care' thereof and shall take every necessary precaution against injury or damage to any part thereof by the acti-Cm of the elements, or from any other cause whatsoever whether ariSing frail the executi.on or fran the nonexecution of the work. (8) The Contractor or Consultant,Y'esponsible for the work shall, at its expense, rebuild, repair, restore and make good all injuries or dama.ges to any portion of the work from any ~ndall causes before its cailpletion and final acceptance, and. shall deliver the work completed in accordance with the tenns of the Contract. (C) The Contractor or Cons·ul tant responsi bl e for the work is encouraged (but is hot required) to obtain comprehens ive insurance coveri.ng the full insurable va1u~ of the work and providing protecti-on during -9- construction against perils of thEl elements, va nda 1 ism, rna 1 i ci ous misch i ef, and to guarantee the Contractor's or Consultant's ability toperform any restoration requi red. The Contracto.r or Consul tant may al so need to insure against any special construction hazards peculiar to the '\'1ork. V. The special i nsur&nce endorsement attached hereto a~ , Attachment B-1 shall be made ava Hable to Co'htractors and Consultants to satisfy the insurance requ i rements described above. VI. The bidding specifications shall require a$ a condition precedent to beginning any work that the contractor selected to perform the \'Iork provide a pe.rformance bond in the amount of 100% of the value of the work and a payme nt bo nd i Ii the amount of 50% of the va lu e of the work. d~ Insurance Documents and Submittals. I. All required insurance sha 11 be transmi tted to the Project Manager wi thin thirty (30) days of award of contract for approval by CITIES. II. The approval of insurance by CITI.ES shall be a condition precedent to the right of the Contractor or Consul tant to demand or receive payment for the work under the contract requi ring such insurance. No request for payment will be processed until therequi red insurance has been approved by CITIES and no Not ice to Proceed will be issued until such approval has been given. III. Contractor or Consultant sh'all SUbmit two "c;ertified duplicate" copies of all policies of required insurance wi th personally executed signatu'res of authorized agent or representative. Facsimile Signatures wi.ll not be approved. IN LIEU OF CERTIFIED .DUPLICATE aJPIES, CERTIFICATES OF INSURANCE INDICATIHG THE REQUIRED COVERPbES WILL BE ACCEPTED IF THE SPE:CIAL ENDORSEf.1ENT APPEARING IN THE INSURMCE REQU.IREMEUTS SECTION OF THIS SPECIFICATION IS EXECUTEDAAD A1TA01ED TO EAQ-I OF THE DUPLICATE CERTIFI CATES. (Attachment B-i) IV. Liability and protection and indemnity policies shan name as additional insureds the Cities of Los Angeles and CARLSBJ'lD and STATE, their boards', officers, agents, and employees, and r.1ust contain a noncancellation clause exactly as fol lows: -10- IIIt is agreed th~t the insurance provided herein wi 11 not be cancelled or reduced in amount until the Board of Harbor Commissioners and the City Attorney of the City of Los Angeles and the City of CARLSBAD and its Ci ty Attorney have been given 30 days notice by certified rna i1 • II Such policies shall contain an endorsement substantially in the fonn .of Attachment B-l. e. Indemnity After Land Interests Transferred. The STATE agrees that once it oocanes the holder -of the necessary land interest in the Lagoon arid CDFG or any other STATE agency begins to maintain the Lagoon, the City of Los Angeles shall no longer have an obligation to indemnify the STATE for any incidents occurring at the Lagoon thereafter. 5. Records and Accounts. CARLSBAD through the Project Hanager agreeS to maintain all books, accounts and other records (llrecords ll ) related to tMs Agreement. These records shall be subject to exami nation, audi t and transcription by BOARD and any bond trustee associ~ted with bond funds expended on the project. These records shall be- reta ined for at 1 east four years following the term of thi s Agreement. Upon request in writing by the Executive Director of the Port of Los Angeles or Bond trus-tee or their deSignated representative, CARLSBAD shall furnish a statement of the exact location of all records and the name and telephone number of the custodian of these records. _ The statement shall be submitted within fifteen (15) days of the request and shall contai-n such detail and cover such period of time as may be specified in any such request. 6. City Approval. Uhenever approval of CARLSBAD is required under the Principal Agreement-or this Exhibit the approv-ing authority is the City r'1anager unless the Carl sbad ~lunicipal Code or-other lawrequi res the decision to be made by the City Council or other City agency or offjcial. :'11- ATTACHMENT B-1 ENDORSE~1ENT FOR COMPREHENSIVE GENERAL L IABI LI TY AND FOR PROTECTION AND INDEMNITY POLICIES SPECIAL INSURANCE ENDORSEMENT NO.1 No twi ths tandi ng any i ncons i stent statement in the pol; cy to wh ich the endorsement is attached or any endorsement now or hereafter attached thereto, it is agreed (1) the City of Los Angeles, the Board of Harbor Commissioners, the Harbor Department, and its officers, agents, and employees; (2) the Ci ty of CARLSBftD, and ; ts Board, its officers, agents and employees; and (3) the State of California, its officers, agents and-employees while acting within the scope of their authority, are included as additional insureds wit~ respect to-all opera ti ons, uses, occupa tions, acts, and activi ties of the insu red pursuant to Agreement No. between the Ci ty of CARLSBAD and , regardless of \'A1ether liability _is -a-:-'tt:-"r...,.i.,..bu-t:-a-.-b .... l e---'t-o-t""'h-e-na""""-m-e-"d insured, or a combination of the insured and addi tiona1 insureds. Such insurance is to be prima-ry and not contributing with any other maintained by said additional insureds. The pol icies listed below shall apply severally as to each insured except that the inclusion of more than one insured ~hall not .operate to increase the 1. i mi t of the Company IS 1 i abi 1 ; ty; a nd the; nc1 us ion thereunder of any person or organization as an i nsu.red shall not affect any right which such person or organization would have as a claimant if not so included. Name Insured and Address: ~----~--~--~~----------~ mVERAGES TO L~HICH THIS ENDORSEHE NT ATTACHES EFFECTIVE DATE OF ENDORSEfvlENT POLICY POLICY LH4ITS OF . INSURNJCE NUf1BER PERIOD LIABILITY Cor1PANY -12- The policy(ies) shall not be cancelled or reduced in coverage until after the Board of Harbor Commissioners anc;l the City Attorney of the City of Los Angeles and the City of carlsbad and its City Attorney have each been given thi rty (30) days prior vir; tten notice by certifi ed rna il, return recei pt requested, addressed as ronows: Board of Harbor Commissioners P. O. Box 151 San Pedro, Cal ifornia 90733 Office of the City Attorney P. O. Box 151 San Pedro, California 90733-0151 -13- Offi ce of the Ci ty At to rliey City of carlsbad 1200 El m Avenue Carlsbad, CA 92008-1989 Sta te Lands Commi ss; on 1807 13th Street Sacramento, CA 95814 There are no deductibles or self-insured retentions unles-s otherwise noted. ($ deductible (or self-insuTed retent i on) for ------_-__ ~ ____ ---__,_-__,_- cove rage.) APPROVED AS TO FORM JAMES K. HAHN, City Attorney City of Los Angeles By __________ _ APPROVED AS TO FORM ~~~-::---=--~ __ ' City Attorney City of Ca r 1 s bad By ________ --,-_ VEH:lm csc3-72S0 10/14/87 -14- INSORMCE CoMpAtJY ADDRESS: By -::-:-:.~O":-='=--..=;rr:o~--~ AUTHORIZED OFFICER (No facsimile signature accepted) TITLE : ____ --------- ADDRESS: TELEPHONE: -------- DATE: ___ ------------ August 10, 1987 EXHIBIT D DEFINING METHODOLOGY TO DETERMINE, FUNDS NECES$ARY TO ESTABLISH AN~UITY AND INVESTMENT ACCOUNTS TO FUND THE MAINTENANCE ACCOUNT FOR THE BATIQUITOS LAGOQN ENHANCEMENT PROJECT. 1. Purpose The methodology described herein shall 'be used by BOARD and CDFG to comply with the funding requirements of Section 10 (Project Maintenance Responsibilities) of the Agreement for the marine habitat enhancanent of Batiquitos Lagoon ("Agreement") to which this Exhi,bit is attached. 2. ' Determination of Annuity Amount to Fund Maintenance for First 30 Years a. Determination of the Annuity Amount In"'accordance with Section 10(b) of the Agreement, the amount of funds necessary to establish the Annuity will be determined based on the future equivalent of $200,000 in 1987 dollars at, the effective date of the Agreerrent. This future ~quivalent shall be determined in accordance with the inflation factors given in ,Table 0-1. Said inflation factors are based upon Data Resources Institute's (DR!) IIU.S. Long-Tenn Revi ~w", Spring 1987 forecasts for cal endar years 1987 through 1991. Based on these factors, the annuity amount for each of the years 1988 through 1991 is given in Tab,le D-1 •. TABLE 0-1 Year 1987 1988 1989 . 1990 1991 " Inflation Factor 1.0405 1.0445 1.0430 1.0415 Annuity Amount $200,000 $208,100 $217,360 $226,707 $236,1~5 As such, if Construction Certification, (as defined i'n Section 6(k) of the . Agreement, occurs in calendar year 1990, the dollar basis for establishing the Annu,ity in accordance ,with, Subsection c. below would be $226,707. ' - 1 - I I If Construction Certification occur.s after the year 1991, detenninati on of the annui ty amount to be used in accordance wi th the rrethods descri bed hereunder to determi ne the Annui ty and InvestlTEnt Account amounts shall be based on the actual inflation' rate occur,ring between the effective date of the Agreerrent and the date of Construction Certification as reported by DRI at the time of Construction Certification. For example, if Construction Certification occurs in 1992 and actual inflation between 1987 and 1992 is nineteen percent (19%), the annuity amount would be $200~000 x 1.19 = $238,000. b. Annual Inflation Rate for Adjusting Annual Maintenance Cost, Years 0-29 It is expressly. agreed that the annual inflation rate to be applied to the annual maintenance cost for the period of time of thirty (30) years following Construction Certification, is to be five and two/tenths percent (5.2%). Said inflation rate is based upon the Data Resources Insti tutes "U.S. Long-Tenn ~evi ew ll , Spri ng 1987 forecasts. c. Determination of Initial Deposit to Establish Annuity to Fund ~roject Maintenance Costs for 0-29 Years In accordance with Section lOeb) of' the Agreement, within sixty (60) days' after Construction Certification, CDFG and BOARD shall meet to detenni ne the amount of funds necessary to transfer from the Escrow Account' as described in Section 9(a) .of the Agreement, or fran the Harbor Revenue Fund, as may be required i naccordance with Sections 5(b) and 9(f) of the Agreement, to establish the Annuity. The initial deposi-t shall .be detennined from the' annuity amount from subsection a., . above, the agreed upon annual inflation rate of 5.2%, and an investment rate of 8.2% for a 30 year annuity. Using a computer model, a series of annually compounded. i nterest calculations will be made which result in an ending balance of approximately zero dollars. following 30 years of transferring funds fran the Annuity to the Maintenance Account. Table D-2 is a sample computer model calcuiation, based on the' factors given above, assuming Construction Certification occurs in calendar year 1991. In this example, the initial deposit requireo would be $4,852,000 including' the initial transfer of $236,115 from the Escrow Account required~ .. by Section 10(~) of the Agreement. Table D-2 shows the annual interest earned 'and the annual amount to be deposited into the Main.tenance ,Account. As 'a sample calculation for year 17 (rounded to the nearest thousand dollars): ' . ' o Interest earned: $5,763,000 x .082 = $473,000 o Amo~nt transferred to ~aintenance Account~ $ 505,000 x 1.052 ~ $531,000 o Annuity ending balance: $5,763,000 + $473,000 -$531.,000 = $5,705,000 - 2 - TABLE 0-2 BATIQUITOS' .LAGOON ENHANCEMENT PROJECT MAINTENANCE EUNDING INITIAL I NVES1}1ENT INFLATION ANNUITY DEPOSIT RATE 'RATE AMOUNT $4,852,485 8.2% 5.2% $236,115 =========================================~======================~========= - INTEREST TO MAINTENANCE ENDING YEAR EARNED ACCOUNT BALANCE 1 236,115 4,616,370 2 378,542 248,3'93 4,746,519 3 389,215 261,309 4,874,425 4 399,703 274,898 4,999,230 5 409,937 289,192 5,119,975 6 419,838 304,230 5,235,582 7 429,318 320,050 5,344,850 8 438,278 336,,693 -5,446,435 9 446,608 354,201 5,538,842 10 454,185 372,619 5,620,408 11 460,873 391,99~ 5,689,286 12 466,521 412~379 5,743,-428 13 470,961 433,823 5,780,566 14 474,006 456,382 5,798,191 15 475,452 480,114 5,793,5.29 16 475,069 505,079 5,763,519 17 472,609 531,344 5,704,784 18 467,792 558,973 5,'613,603 19 460,315 588,040 5,48-5,878 20 449,842 618,618 5,317,102 21 436,002 650,786 5,102,318 22 418,390 684,627 4,836,081 23 396,559 720,228 4,512,412 24 370,018 757,680 4,124,750 25 338,229 797,079 3,665,900 26 300,604 838,527 3,127,977 27 256,494 882,130 2,502,341 28 205,192 928,001 1,779,532 29 145,922 976,257 949,196 30 77 ,834 1,027,023 7 -;: .. -;;-( .:. ' -3 - r ~ --" .... ,.-• 3. Determination of Initial Deposit to Establish Investment Account. In accordance with Section 10(c) of the Agreement, within sixty (60) days after Construction Certification, BOARD shall establish the Investment Account by transfer from the Escrow Account, or from the Harbor Revenue Fund, in accordance with Section 5(b) of the Agreement. The amount or the depos it into the Investment Account shall be determi ned base9 upon: the annuity amount from Subsection a., above, the agreed upon annual inflation rate of 5.2% and the agreed upon investment rate of 8.2% by application of the following formula: D = [ (x) (1+i)30J/(1+1)30 for I-i X = annuity amount I = interest rate = 0.082 i = inflation rate = 0.052 D = ini~ial deposit As an example, assuming Construction Certification in 1991, the initial deposit would be: D = '[$236,115 (1.052~30J/(1.082)30 = $3,385,764 .082 -.05 ca 11 $3,386,000 4. Determination of Funding Requirements for Long-Term Maintenance. and Dispersal of any Excess Funds ·In accordance with Section 10(c) of the Agreement,. at the end of the thirty (30) year period following Construction Certification, BOARD, SLC and other parties shall meet (within 60 days) to determine the adequacy of the Maintenance Account balance to provide for maintenance beyond the first 30 years. This section describes the methodology to be used in making this determination. Each of the 30 actual annual maintenance expenditures, based on records maintained by CDFG, in accordance with Section 10(f) of the Agreement, s'hall be adjusted to aC'count for actual annual inflation between the year in whi ch the expendi ture was made and the end of the 30 year period following Construction Certification. For example, an expenditure of $750,000 in the 25th year would be adjusted as follows if actual inflation in years 26, 27, 28, 29, and 30 were observed to be 5.4%, 5.3%,' 5 .• 6%, 6%,and 4.7%, respectively: $750,000 x 1.054 x 1.053 x 1.056 x 1.06 x 1.047 = $975,543.65. . Followi ng thi s procedure' for each of the expenditures will result in· a list adjusted doll~rs at the beginning of the 31st year Certi fi cati on. ... 4 - 30 annual maintenance to reflect the value of following Construction This list of 30 inflation-adjusted annu'al maintena:nce expenditures shall then be utilized to detennine a me-an annual ma,intenanc'e expenditur~ in year 31 dollars by dividing the sum of the. 30' annual adjusted maintenance figures by 30. Additionally, the list of annual maintenance expertditu·res shall' be used to identify the greatest maintenance expenditure which was required in any of the 30 preceding years. A 95% confidence interval about the inflation-adjusted rrean annual maintenance cost shall be cal culated using the' follo'wing formula:: x+ 1.~6S for X = Adjusted rrean annual maintenance expenditure. -N N = 30 (the number of years being sampled). s = Standard deviation of the 30 inflation-corrected annual maintenance expenditures. For example, if X = $500,000; and s = .$51;000 then the 95% confidence interval about the mean annual tnaintenancecost would ·be $500,000 t 1.9~$51'000) or $500,000 .:!:. $18,250.12; or $481,749.88 < X < $518,250.12. Next, the 95% confidence intervals sh.all be arrayed about the~an annual inflation, and the mean observed annual d·ifference be,tween interest and inflation through analysis of each. of these paraneters as they relate to each of the 30 years following ·Construction Certification. For Example: 1) The 95% confidence interval about· the mean inflation calculated over the 3D-year period will be computed as follows: i .:!:. S(1~~6) fo~ i = The mean of the observed interest ~ates the 30 years fol1o~ring certification. N :: 30' s = Standa'rd deviation. for each of If i = 5.2% standard deviation = 1.0% and N = 30, then the 95% confidence interval would be 5.2% .:!:. 0.35%; or 4.85% -< i < 5.55% 2) The 95% confidence interval about the mean difference between interest and inflaticrn (Y) will be computed as follows: ... -,', - 5 - y !:. S(tN96) for Y = Tne mean of the observed difference between interest and inflation for each of the 30 years N = 30 s = The standard deviation of each of the 30 observed annual differences between interest and inflation. If Y =.3.0; s = 0.5; and .N = 30, then the interval would be 3~0 !:. 0.18; or 2.82 ~ Y ~ 3.18 In order to attempt to assure the permanent .adequacyof the long term (post· 30 year) Maintenance Account, the higher figure in the 95% confidence interval about mean inflation shall be identified (5.55% in the above example); the lower figure in the' 95% confidence interval about the mean difference between interest and inflation shall be identified (2.82% . in the above example); and the higher figure in the 95% confidence interval about mean inflation-corrected' annual maintenance expenditure shall be i'denti fi ed ($518,250.12 in the abQve exampl ~). These identi fi ed, numbers shall. then be entered into the followi ng equati-on: B = [ (l+it) (xt) ] for B = requisite post 30 year balance Vi i of = Upper figure of a 95% confidence i ntervalabout . mean obs~rved annual inflation in each of the 30 years following certification. x t = The upper figure in the 95% confidenc·e interval for the mean adjusted annual maintenance cost as di~cussed above~ y, = Lower figure of a 95% confidence interv'al about the observed difference between interest and infl~tion for each of the 30 years' following Construction Certification. Using the previously derived figures for the sake of illustration only, we have: .B = [ 1.0555) (1518,250.12)] = $19,397,624 . '.0 82 . Lastly, a·s has been previously' indicated, use of the inflation-corrected' list of annual maintenance costs will enable the identification of the largest annual maintenance expenditure (LAME) (corrected, of cour~e, to the relative value of dollars in .the 31st year following certification of the lagoon enhancement project). For the sake of illustration, let us assume this figure to be $1.5 million. This maximum expenditure figure is to be combined with the value of B as determined above. Combining the computed value of B e bove wi th the presumed maximum observed annual maintenance expendit~re results in a total of $20,897,624. - 6 - If the total of funds ava ilab 1 e in the Mai ntenance Account plus' the funds remaining in the Annuity Account plus the funds available in the long-tenn Investment Account exceed the sum of B plus LAME, then the portion of these combi ned fundi ng so~rces whi chexceed the computed value of the sum of B and LAME shall be refunded to the BOARD. CDFG shall receive the portion of the combined accounts whjch is equal to the sum of B plus LAME and shall establish two separate accounts . therewith. The.se accounts shall be known as the LAME account (equiyalent in size to LAME as identified above) and the permanent maintenance account (or B account) equivalent in size to B as B is to be cOOlputed. Use of these two accounts shall be limited to providing f()rmaintenance of the Batiquitos Lagoon Restoration Project area •. CDF.G shall rely upon use of the B account for lagoon maintenance except in cases of emergency in which event CDFG may draw against the LAME account. Using the agree~ to interest and inflation assumpttorts~ (i.e., interest at 8.2% and inflation at 5.2%) and assuming, for example, an initial deposit of $3.,385,764 into the investment account and ,an annual estimated maintenance cost of $236,115 (i.e., t'he deposit takes pla,ce 4 years from the effective date of the Agreement)., This account will 'grow to $36,014,261, and BOARD would, given this example, r~cetve a refund of $36,014,261 -$20,897,624 = $15,116,636 plus any remaintngfunds available in the Annuity Account. If the differential between interest and inflation turns out to be measurably higher than the agreed to 3.0%; and/or if the annual mean corrected maintenance figure is less than $500,000; and/or if expenditures and interest rates exhibit a degree of consistency which results in tightening the 95% confidence intervals ·about the parameters discussed above, then the refund could be greater than the $15,116,636 indicated above. If, alternatively, the total funds available in the Mai·ntenance Account pl us the funds ava i lable in the Annuity and lnves tment Acc6unts are less than or equal to the sum of Band LAME, thenCDFG shall become the sole owner of funds then available and BOARD shall rec,eiv.e no re·fund. Given thi s instance, CDFG shall use the. combi ned total of the Maintenance Account, Annui ty Account and rnves trent Account exclus ively for the mai ntenance of the Project area and shall ,attempt to' secure ,addi tional funds which may be required for such maintenance from a variety of State, Federal, local, or private funding sources. VEH:cam csc3-5315 '';', - 7 - EXHIBIT C HABITAT EVALUATION SU~1MARY of the proposed PACIFIC TEXAS PIPELINE COMPANY PROJECT in the PORT OF 'LOS ANGELES and the proposed BATIQUITOS LAGOON ENHANCEMENT PROJECT in the CITY OF CARLSBAD FEBRUARY 1987 Participants: U.S. Fish and 'W,ndl ife Service National M~rine Fisheries Service California Department of Fish and Game Port of Los Angeles Section 1. INTRODUCTION The Pacific Texas Pipeline.CQmpany (Pactex), a private corporation, proposes to construct a crude oil pipeline system that would extend from the Port of Los Angeles, California to Midland, Texas. A 75-foot deep channel would be dredged in Los Angeles outer harbor and the dredged material used to create a nO-acre (at MHW) landfill island. This landfill would be used as a berthing area to receive tankers of up to 225,000 DWT which would carry primarily Alaska North Slope oil and for locating a 4.8-million barrel capacity tank farm. The landfill in outer harbor would be constructed in waters about 32-40 feet in depth. The Pactex landfill area has been reduced in size due to changes in engineering design (now fully revetted with .rock) and as a result of .California Coastal Commission permit conditions. The bottom footprint of the landfill was presented in the Draft EIR/EIS as 208 acres and was revised to 192 acres in the Final EIR/EIS and currently is calculated at 140.8 acres. A joint environmental impact report/environmental impact statement (EIR/EIS) was prepared for the Pactex project by the Los Angeles Harbor Department and. the U.S. Bureau of Land Management as co-lead agencies under the California Environmental Quality Act (CEOA) and the National Environmental Policy Act (NEPA), respectively. The Los Angeles Board of Harbor Commissioners certified the Final EIR for the .Pactex project in November 1985 • . In early 1985, LAHD requested the participation of FWS, NMFS, and COFG in the assessment of biological impacts of the proposed Pactex project and in the formulation and assessment of a biological mitigation project. The fish and wildlife impact assessment .and mitigation is pertinent to CEQA, to the consideration of the required COE Section 10/404 permits and the California Coastal Act Port Master Plan amendment and coastal development permits. The loss of marine, coastal embayment habitats of outer Los Angeles Harbor from dre~ge and landfill construction required for the proposed Pactex project was discussed in the EIR/EIS. These habitats are prtncipallyof value to nearshore marine fishes, numerous water-associated bird species and some waterfowl. No significant terrestrial habitats would be impacted by the proposed Pactex project in the POLA area. In consultation with the staffs of the FWS, NMFS, and COFG, potential mitigation project sites between Point Conception and the U.S. Mexican border were examined by POLA. The potential sites to mitigate the Pactex project were narrowed to the following areaS: 1) Los Cerritos wetlands -City of Long Reach, Los Angeles County, 2) Batiquitos Lagoon -Ci.ty of Carlsbad, San Oiego County, and 3) TiJuana River estuary -San Diego County. The FWS, NMFS, and CnFG considered Batiquitos Lagoon to be a prime candidate for a restoration project that was compatible with project mitigation objectives. California Coastal Conservancy, City of Carlsbad, local property owners, and interested parties supported a restoration/mitigation project at Batiquitos Lagoon. 1 Section 2. DESCRIPTION OF THE MITIGATION PROJECT Batiquitos Lagoon, 596-acre basin is located iii Northern San Diego County,. within the corporate limits of the City of Carl,sbad. The lagoon occupies an elongated coastal basin that extends approximately 2,.5 mi1~s inland from the ocean and one-half mile in width. Two freshwater creeks', the San Marcos and the Encinitas, c\rain unto the upper reach of th.e lagOQn. This lagoon, like many others along the sOl!thern coast of CaHfornia, was (and is) subj~ct to man1s development. Substantial reductions in ·.tidal volumes have occurred, most significantly within th~ last quarter of acentur,y'due to sedimentation. In addition to the development in tne uplands, primarily the San Marcos River Valley, the western portion of the hgoon is constricted by. three major transportation arteries: Pacific Coast Highway (Carl~bad Boulevard), an AT & SF railroad bridge, and Interstate/'1ighway 5. . All of these recent developments contributed significantly to the rapid increase fn sedimentation and the closure of the lagoon mouth to tidal influence .except under extreme high tide anc\wave conditions, or high outflows •. Seasonal freshwater inflow and the virtual elimination of tidal 1.nf1uence have resulted il1 a pattern of fresh or brackish water inundation after winter rains, followed by eVaPoration resulting in very high salinities (60 parts per thousand) ,and large salt-flats in the dry season. This is particularly true in the 360-acre ea'stern lagoon basin, east of Interstate 5. In. dry years, broad areas of the lagoon dry up completely, creating bare salt-flats and attendant odor pr-oblems,. These extreme aquatic environmental cond'itions 1 imit· the 1 agoon biota to largely plankton and insects. Fishes are usually found only in the deeper waters of the western lagoon (marine) and San Marcos Creek' (freshwater). Inundated areas support SUbstantial numbers of shorebirds and.. dabbling ducks. The California least tern, a. state and Federa] endangered ,species, has nested in several areas within the lagoon. The upper lagoon has acted as a sedimentation basin· for San Marcos and Encinitas Creeks; deposition rates have averaged 1.1 to 1.4 em/year since the early 1900 1s. Continuing sedimentation ,is further restricting aquatic habitats and 'left unchecked will convert the lagoon' basin ·to. upland conditions. A complete description of Bat,iquitos Lagoon i~ found in Ba.ti-auitos Lagoon Habitat Enhancement Study, by Keith MacDonald and C •.. Robert Fel meth· (April 1985), Alternatives for Mainta'ining Tidal Circulati.on in the. Batiguitos Laaoon~ California by Scott· A. Jenkins and David W~' Skelly (February 1985), an t e Draft Bati gui tos Lagoon Enhancement Plan (1986)' by the California Coastal Conservancy. . , A process of evaluating various enhancement alternatives at Batiquitos Lagoon has been ongoing for a number of years by property owners, resource agencies, local citizen interest groups (e.g., Batiquitos Lagoon Foundation) and the City of Carlsbad. The proposed Lagoon En'hancement Plan provided the opportunity, in view of Pactex1s mitigation requ:iremehts for the' impacts at 2 POLA, to develop an enhanGement project at Batiquitos Lagoon which meets the goals of the interest groups, offsets the Pactex project impacts, and creates excess habitat values for future fill projects in San Pedro Bay. These Lagoon Enhancement Plan goals include: -restore tidal infl uence' to the 1 agoon -retain existing marshland and create additional marshland, if desirable -preserve or enhance exhting fish and wildl i,fe resources -retain and enhance habitat for endangered species -maintain good water quality . -provide public access 10 the lagoon shoreline, where appropriate -reduce sedimentation in a cost-effective manner -maintain an open ocean entrance -assure that the goals listed above are achieved and maintained in perpetuity The proposed Batiquitos Lagoon enhancemen,t project. is described in detail in the ,Coastal Conservancy's Draft Bati uitos La oon Enhancement Plan (1986). In addition to the ,preferre en ancement pro ect, a range 0 al ternative configurations were evaluated. The main features of this project include the construction of a lagoon mouth channel approximately 200 feet wide across the existing beach, westerly of Carlsbad Boulevard. The channel will be lined with riprap to the low water edge of the ~each. Through a combination of excavation and dredging, a large area of the lagoon will be reconfigured to establish subtidal and intertidal habitats. The volume of material to be removed will be sufficient to 'establish a tidal prism which will assure continuous Udal influence and daily scouring of the lagoon mouth. Suitable materi a 1 wfll be used fO.r beach r'epl eni shment, if feasi bl e. The 1 evee (or berm) will separate an are~ of the marsh from tidal influence thereby preserving the ex1-sting freshwater and brackish marsh habitat. Water will be divered from San Marcos Creek to maintain the diked freshwater marsh. Additionally, sediment catch basins will be placed upstream in the creek channels that input to the lagoon. Since shorebirds, dabbling ducks and the endangered California least tern (CLT) presently use the lagoon, the project is designed to result in no net loss of habitat values fOr these species. Only the FWS and CDFG conducted this analysis of the net effect of each project alternative upon the existing habitat value for shorebirds and dabbling ducks. The restoration plan includes provisions for CLT nesting areas. No fewer than four nesting locations· averaging about 8 acres each will be constructed within the lagoon system as determined by FWS and CDFG. In addition to the preferred enhancement project (presently proposed), a range of preliminary alternative configurations were evaluated. 3 Section 3. MEtHODOLOGY The involved agencies(FWS, NMFS, CDFG, and POLA) utilized an agreed-upon habitat evaluation procedure to assess the impact. area and the mitigation project. Figure 1 presents a schematic dia9ram of the evaluation procedure. The evaluation team of biologi-sts from, FWS, NMFS, CDFG, and POLA were responsible for familiarity with the exis:ting biologic~i tnformation and studies pertinent to outer Los Angeles Harbor, Batiquitos Lagoon; ·and other appropriate coastal embayment habitats. POLA provide,d appro'pria-teinaps and pre limi na ry engi neeri ng drawi ngs of the proposed 1 andfi1l con'structi on. Maps, drawings, and recent studies of the Batiquitos Lagoo~ restoration alternatives were provided ~y the Coastal Conservancy and by the affected property owners, HPI and SAMMIS, through their consultants. The team also revi'ewed· an ongoing study, Assessment of the Functional Values· of. Batiguitos Lagoon, being prepared by Woodward:ClydeConsu1 ta:nts for the Coastal Conservancy ~ All important activities, assumptions, and conclusions, dtrectly related to the habitat evaluation, were discussed or conducted mutua'1ly and cooperatively by the evaluation team. The process utilized in this habitat eva·luation included the following general steps: a) determination of proposed project scope; b) fish and wildlife resources likely to be significantly impacted; c) establishment of mitigation'goal; d) definition of harbor cover type(s); e) ~ittgation site identification; f) conceptual design of mitigatio~ area constructien; g) harbor and miti·gation site evaluation species list development; h) formulation of habitat suitability indices for the project and mitigation alternatives; i) determination of habitat units for ~he project area and the mitigation alternative area; j) ,determination of the necessary size of the mitigation area to offset proposed project; and k) determination of the potential excess habitat values (mitigation credits) available to offset future fill projects in San Pedro Bay for each alternative. . Relative value indices were not used. T~e fish and wildlife resources ,of concern, in, the landfill project vicinity were water-associated migratory birds, such as gulls, terns, cormorants, brown pelicans, grebes; mergansers, and surf seoters, and coastal marine fishes such as croakers, surfperches, California halibut, northern anchovy, . flatfishes, sand basses,' bay sharks and rays. '. The accepted mitigation goal. of the evaluation team was:' no net loss of in-kind habitat value. The evaluatfon species t~cluded exclusively fishes and birds. The evaluation species chpsen for the harbor site and the compensation site are either common to bp,th systems or considered ecologically equivalent. , " 4 I':: i. A fundamental premise to the habitat evaluation procedure was that fishery resources would not be traded for avian resources, or vice versa. Si.nce the existing habitat at Batiquitos Lagoon supports shorebirds, dabbling ducks and the endangered California least tern, it was agreed that the restoration project for Batiquitos must conserve the existi-ng habitat values for these species. Therefore, a separate evaluation was conducted by FWS and CDFG to assess the gxisting shorebird, dabbling duck and least tern habitat values at. Batiquitos Lagoon. This was a major factor in determining the preferred .enhancement/mitigatipn project to be implemented at Batiquitos. Only a few habitat compensation measures are presently considered feasible for offsetting habitat losses of harbor landfills. The principal measure at Batiquitos Lagoon is to restore unrestricted tidal influence to a significant portion of the lagoon and create and enhance coastal embayment habitats by excavating varying, volumes of sediment. In its present condition, the areas of Batiquitos Lagoon which would be enhanced have li·ttle biological value to any marine evaluation species. Several al:ternative enhancement plans that achieve the restoration goals by creating different proportions of intertidal and subtidal areas were proposed. The considered alternatives with varying ratios of subtidal and intertidal areas are described in Exhibit A. The selected cover types used for the basis of the habitat evaluation were: Los Angeles Harbor water surface area measured at the mean high water line,! ±4.8 feet mean lower low water (MLLW); and Batiquitos Lagoon water surface, area measured from ±5.0 feet MLLW to -5.5 feet MLLW. Only intertidal and subtidal areas within this evaluation range were evaluated. Areas that contain California least tern nesting activity, salt marsh or freshwater marsh/sedimentation ba·sin were not considered in the habitat evaluation process. The twenty (20) selected eva1ua,tion species o.r groups for both the proposed landfill and enhancement alternative sites are listed in Table 1. The habitat suitability indices for each species or groups at the proposed sites were determined by the judgement of the team member(s) of each participating agency based upon best ·avail ab1 e information and then averaged. The habi tat suitability indices ranged from 0.0 for no habitat suitability to 1.0 for. complete habitat suitability. Habitat suitability indices were derived fori the existing condition and the future condition at both the project impact', s1te and for the alternative enhancement proposal sites. The-landfill and the. enhancement construction were assumed to be concurrent.. T.he habitat loss from outer POLA fill was assumed to be total and to have occurred between year zero:, and year one.· Similarly, ·the Batiquitos Lagoon habitats in t.he areas to be restored were assumed to have little value for the evaluation species and that full predica·ted habitat value would be achieved after the first year following enhancement. From the array of enhancement alternative previously evaluated, a preferred enhancement proposal was developed for implementation (see Table 2). Under this proposal, 390 acres are available for restoration. Based upon preliminary engineering design, the net impact of the proposed Pactex 5 construction in POLA outer ha.rbor was detennined to be 118.8 acres (see Table 3). Further refinement of the landfill and mitigation site engineerlng design may result in a revislon to the acreages of the impacted and mitigation areas. The habitat units per acre were calculated for the impact and enhancement sites by summation of the meaF:l habitat suitability i·ndice:s. The predicted habitat value losses at the Pactex landfill were tabulated by comparing the habitat value of the existing condition to the habitat value after the landfill is completed. Also the predicted h~bitat value ga;'ns at the Batiquitos Lagoon enhancement sit~ were· tabulated by comparing the existing habitat val ue with the future (enhancement) condi tion. HalYi tat unit gains and losses for the twenty (20) selected evaluation species were the units of measure and were exchanged on a ~nit-by-unit bas'is. . The net result of comparing habitat tinit changes at the Pactex landfill (habitat unit losses) with the net habttat unit changes as Batiqu;tos Lagoon (habitat unit gatns) can be represented in a ratio that indicates the offset requirements. Those trade-off ratios are· 1.138 for Alternative 1, 1.062 for Alternative 2, and 0.52 for Alternative 3 (Table 4). As shown in Table 5, the Batiquitos Lagoon habitat gains would not only compensate for the Pactex landfill (118.8 acres) in POLA, but would restore varying amounts of excess habitat value (83 to 325 acres of ce,ntral San Pedro Bay outer harbor habitat) that may be used to, offset fu1;urelandfi11 project in San Pedro Bay or other appropriate port districts. In summary, the three alternative plans in Exhibit A,the Batiqtiito's Lagoon Enhancement Plan, satisfactorily meet the following objectives: 1. avoids hann to Cal ifornia least tern nesting activity; 2. avoids any loss of habitat value for shorebirds and dabbling ducks, 3. offsets marine resources and habitat loss frOO1 the Pactex landfill, and 4. Would provide additional habitat values which woti1d be counted as mitigation credits that can be used to Offset future San Pedro Bay 1 andfill. 6 --- Figure 1: Habitat Evaluation Process Flow Diagram deri ne project and likely impacts d etenni ne habi tat suitability indices for project area , , ~. define mitigation J----......... --. --~--- area and impacts 1-------- calculate the habita~ units in the ---mit; a't ;'on a rea I , . ... determi ne net 1055 wi thi-n proj ect ~-... --..-.-- detenni ne miti gati on goa 1 s,elect evaluation species detennine habitat suitability indices calculate. the habitat units in-the project a"rea determin, net gain wi th i n mi t i ga tion area calculate mitigation area requi red to offset project area loss detennine excess (mitigation' habitat value) available for bank; ng Table 1: Evaluation Species and Groups for the Pactex Landfill And Batiguitos Lagoon Enhancement Projects 1. California halibut 2. White croaker 3. Gobiedae 4. Diamond turbot 5. Bay ray 6. Bay sharks 7. California corbina 8. Anchovy species 9. Oueenfish 10. Topsmelt 11. Barred sand bass 12. Shiner surfperch 13. Bonita/barracuda 14. ~Ihi te surfperch 15. California killifish 16. Spotted sand bass 17. California tonguefish 18. Striped mullet 19. Diving ducks 20. Gulls/terns/cormorants Paralichthys ca]ifornicus. Gehyonemus lineatu5 ( bay, arrow and cheeks pot gobi es, long-jaw mudsucker) HYrSOssetta guttulata -MY ;0 at;s Californica (leopard. shark and smoothhounds) Menticirrhus undulatus (northern slough; and deepbody)· Seriphus politus - Atherinops affinis Paralabrax nebulifer Cymatogaster-aggregata Sarda chiliensfs/Sphyraena arg~ntea phanerodon furcatus Fundulus parviri-nnis -Paralabrax mau~atofasc;'ata Symfhurus atricauda ~ug , cepha 1 us scoters, mergansers, ruddy, bu-ffl ehead) Table 2': Sumnary of Batiguitos Lagoon Enhancement Plan Alternatives Alternative 1 Alternative 2 Alternative 3 Area of 1-ritertidal 170 217 317 (Acres) Area of subtidal 220 171 71 (Acres.) Area of salt/brackish marsh (Acres) 139 141 141 Area of freshwater marsh 33 33 33 (Acres) Area of least tern habitat 34 34 34 (Aores) Table 3: Pactex Landfill Project Impact* Habitat Soft bottom .-footprint deep water protected Piling (within 35 ft. of wharf face) Shallow piling Deep piling Benthic side slope 'Deep water protected Deep water unprotected Rocky dike habitat (exposed) Shallow water protected Deep water protected Total Actual Gain (or loss) in Acres- (140.8) 1.0 1.4 1.4 0.9 4.3 12.1 (119.7) Weighted Value 1.0 1.-0 0.5 1.0 0.5 1.5 1.0 Weighted Gain (or loss,) in Acres (140.8) 1.0 0.7 1.4 0.4 6.4 12.1 (118.8) * Based on a prel iminary engineering design using· current NOA"A harbor bottom topographi c data and due to a eee penni t conditi on·, the 1 andfi 11 footpri nt area of such impact has been revised to 140.8 acres. With application of the biological mitigation procedu"re (using wi1d1 ife agencies I weighted values) described in Appendix F of the Draft 2020 Plan (eOE, 1984), the net impact of the proposed Pactex construction in POLA outer harbOr was determined to be 118.8 acres. This includes mitigating for the water area above the rocky slope to the toe of the 1 andfi 11 footpr;-nt such tha t further mitigation for this area, if fi-lled in the future, will not be required. - Table 4: Summary of Habitat Evaluati-on For Pactex Landfill And 'Batiquitos Lagoon Enhancement Plan Alternatives PARAMETER EVALUATION SITES PROJECT BATIQUITOS LAGOON LANDFILL SITE ENHANCEMENT ~A"';l:;':'t~e r~n:'=a';::t i.r:-v:':':e"':"· I=--TAlr"':l t:-'e-r-na-:'t'"':'i -v e-''''Z2-:AI''::'1-=-te-r-n-a''-t i=-v-e~3 1. Cover Type Area Evaluated (acres) 2. Intertidal/subtidal distribution within evaluation area (%) 118;8 3. Existing condition * 9.84 (existing habitat units/acre) 4. Future condition 0 (future habi tat . units/acre) 5. Net habitat units/acre (9.84) (4.-3.) 6. 390 44/56 0.90' 12.10 11.20 1.138 7. Area of Batiquitos (104.4) enhancement required to offset Pactex landfill (Cover Type Area; acres of Batiquitos) Offset Ratio 388 388 56/44 82/18 0.90 0.90 11.35 6.02 10.45 5.12 1.062 0.520 (111.9) (228.5) * Excluding shorebi rds and dabbling ducks which were. eval uated separately. Table 5: Summary of HabHat Evaluation For Bat1quitos La-goon Enhancement Plan Alternatives and Outer Harbor San Pedro Bay PARAMETER Batiguitos Lagoon Enhancement Plan Alternative 1 Alte~native 2 Alternative 3_ 1. Predicted habitat units gained from Batiquitos enhancement (= acres of central outer harbor San Pedro Bay****) 2. Habitat units lost from Pactex landfill (= acres of central outer harbor San Pedro Bay****) 3. Excess habitat units available after Pactex project for future mitigation (acres of central outer harbor San Pedro Bay****) 443.8* (U8.8) 325.0 412.1** 201.8*** (118.8) (118.S) 293.3 83.0 * 390 acres of Batiquitos enhancement x 1.1~8 (trade-off ratio) = 443.8 habi tat units = 443.8 acres of central outer ha-rbor San Pedro Bay. ** 388 x 1.062 = 412.1 acres *** 388 x 0.520 = 201 .8 acres **** One (1) habitat unit = one (1) acre of mitigation for one (1) acre Of outer harbor San Pedro Bay landfill in wat~rs 20 feet or deeper. For example, if City has received all necess_ary State and federal permits for an outer harbor landfill of 100 acres (impacting such area calculated as set forth in Table 3) in waters of a depth equal to or greater than 20 feet, then City may accomplish the biological mitigation for this fin by using 100 of the 325 excess habitat units described above-. There would, thereafter, be 225 excess habitat units available to the City if future fills are permitted. 7003 csc EXHIBIT C HABITAT EVALUATION SU~1MARY of the proposed PACIFIC TEXAS PIPELINE COMPANY PROJECT in the PORT OF LOS ANGELES and the proposed BATIQUITOS LAGOON ENHANCEMENT PROJECT in the CITY OF CARLSBAD FEBRUARY 1987 Participants: U.S. Fish and Wildlife Service Nationai Marine Fisheries Service Cal ifornia Department of Fi sh and Game Port of Los Angeles Section 1. INTRODUCTION The Pacific Texas Pipe1,itle Company (Pactex), a privat~ corporation, proposes to construct a crude oil pipeline system that would extend from the Port of Los Angeles, California to Midland, T~xas. A 75-foot deep channel would be dredged in Los Angeles outer harbor and the dredged material used to create a 110-acre (at MHW) landfill island. This landfill would be used as a berthing area to receive tankers of up to -225,000 DWT which would carry primarily Alaska North Slope oil and for locating a 4.8-mi11ion barrel capacity tank farm. The landfill in outer harbor would be constructed in waters about 32-40 feet in depth. The Pactex landfill area has been reduced in size due to changes in engineering design (now fully revetted with rock) and as a result of California Coastal Commission permit conditions. The bottom footprint of the landfill was presented in the Draft EIR/EIS as 208 acres and was revised to 192 acres in the Final EIR/EIS and currently is calculated at 140.8 acres. A joint environmental impact report/environmental impact statement (EIR/EIS) was prepared for the Pactex project by the Los Angeles Harbor Department and the U.S. Bureau of Land Management as co-lead agencies under the California, ~nvironmenta1 Quality Act (CEOA) and the National Environmental Policy Act (NEPA), respectively. The Los Angeles Board of Harbor Commissioners certified the Final EIR for the P'actex project in November 1985. In early 1985, LAHD requested the parti.cipation of FWS, NMFS, and CDFG in the assessment of biological impacts of the proposed Pactex project and in the formulation and assessment of a biological miti:gation project. The fish and wildlife impact assessment and mitigation is pertinent to CEQA, to the consideration of the required COE Section 10/404 permits and the California Coastal Act Port Master Plan amendment and coastal development permits. The loss of marine, cO(lsta1 embayment habitats of outer Los Angeles Harbor from dredge and landfill construction required for the proposed Pactex project was discussed in the EIR/EIS. These habitats are principally of value to nearshore marine fishes, numerous water-associated bird species and some waterfowl. "No significant terrestrial habitats would be impacted by the proposed Pactex project in the POLA area. In consultation with the staffs of the FWS, NMFS, and, CDFG, potential mitigation project sites between Point Conception and the U.S. Mexica'n border were examined by POLA. The potenti.a1 sites to mi tigate, the Pactex project: were narrowed to the following areas: 1) Los Cerritos wetlands -City of Long Reach, Los Angeles County, 2) Batiquitos Lagoon -City of Carlsbad, San Diego County, and 3) Tijuana River estuary -San D;'ego County. The FWS, 'NMFS, and CnFG considered Batiquitos Lagoon to be a prime candidate for a restoration project that was compatible with project mitigation objectives. California Coastal Conservancy, City of Carlsbad, local property owners" and interested parties supported a restoration/mitigation project at Batiquitos Lagoon. 1 Section 2. DESCRIPTION OF THE MITIGATION PROJECT Batiquitqs Lagoon, 596-acre basin ;s located in Northern San Diego County,' within the corporate limits of the City of Carlsbad. The lMoon .occupies an elongated coastal basin that extends approximately 2.5 miles inland from the ocean and one-half mile in width. Two freshwater c.reeks, the· San Marcos and the Encinitas, drain unto the upper .reach of th~ lagoon. This lagoon, like many others along the southern coast Of California, was (and is) subject to man's development. Substantial reductions in tidal volumes have occurred, most significantly within th~ last quarter of a century due to sedimentation. In addition to the development in the uplands, primarily the San .Marcos River Valley, the western portion of the lagoon is constricted by three major transportation arteries: Pacific Coast Highway (Carlsbad Boulevard), an AT & SF railroad bridge, and Interstate High~ay 5. All of these recent developments contributed significantly to the rapid increa.se in sedimentation and the closure of the lagoon mouth' to tidal influence except under extreme high tide and wave conditions, or high outflows. Seasonal freshwater inflow and the virtual elimination of tidal influence have resulted in ~ pattern of fresh or brackish water inundation after winter rains, followed by evaporation resulting in very high salinities (60 parts per thousand) and large salt-flats in the dry season. This is particularly t.rue in the 360-acre eastern lagoon basin, east of Interstate 5. In dry years, broad areas of the lagoon d.ry up completely, creating bare salt-flats and attendant odor problems. These extreme aquatic environmental conditions limit the lagoon biota to largely plankton and insects. Fishes are usually found only 1.n the deeper waters of the western lagoon (marine) and San Marcos Creek (freshwate'r). Inundated areas support substantial numbers of shorebirds and dabbling ducks. The California least tern, a state and Federal endangered sPe¥ie"s"has nested in several areas within the lagoon. . The upper lagoon has acted as a sedimentation !>asinfor San Marcos and Encinitas Creeks; deposition rates have averaged 1.1 to 1.4 em/year since the' early 1900's. Continuing sedimentation is furthe.r restricting aquatic habitats and 'left unc;hecke4 will convert the lagoon ba'sin to upland conditions. ' A complete descri~tion of Batiqu1tos Lagoon is found in Bati~uitos Lagoon Habitat Enhancement Study, by Keith MacOqnald and . C~ Robe,rt Fe' meth{Apr';l 1985}, Alternatives. for Maintaining Tidal, Circulation .in the, Batiguitos Laaoon, Ca li forni a by Scott A. J'enki ns and David W., Ske:1ly, ( February 19S5) , an the Draft Batiguitos Lagoon Enhancement Plan (1986) by the California Coastal Conservancy. A process of evaluating various enhancement alternatives at Batiquitos Lagoon has been ongoing for a number of years by property owners, res'ource agencies, local citizen interest groups (e.g., Batiquitos Lagoon Foundation) and the City of Carlsbad. The proposed tagoonEnhancement Plan provided the opportunity, in view of Pactex's mitigation requirements for the impacts at . ;:.' 2 POLA, to develop an enhancement project at Batiquitos Lagoon which meets the goals of the inter~st groups, offsets the Pactex project impacts, and creates excess habitat values for future fill projects in San Pedro Bay. These Lagoon Enhancement Plan goals include: -restore tidal influence to the lagoon -retain existing marshland and create additional mar~hland, if desirable -preserve or enhance existing fish and wildlife resources -retain and enhance habitat for endangered species -maintain good water quality -provide public access "to the lagoon shoreline, where appropriate -reduce sedimentation in a cost-effective manner -maintain an open ocean entrance -assure that the goals listed above are achieved and maint~ined in perpetuity The proposed Batiquitos Lagoon enhancemen~ project is described in detail in' the Coastal Conservancy's Draft Bati uitos La oon Enhancement Plan (1986). In additiOn to thE;! preferre en ancement pro ect, a range 0 alternative configurations were evaluated. The main features of this project include the ,construction of a lagoon mouth channel approximately 200 feet wide across the existing beach, westerly of Carlsbad Boulevard,. The channel will be lined with riprap to the low water edge of the beach. Through a combination of excavation and dredging~ a large area of the lagoon will be reconfigured to establish subtidal and intertidal habitats. The volume of material to be removed will be sufficient to establish a tidal prism whtch will assure continuous tidal influence and dafly s'couring of the lagoon mouth. 'Suitable material will be used for beach replenis'hment, if feasible. The levee (or berm) will separate an area of the marsh from tidal infl uence thereby preserving the existing freshwater and brackish marsh habitat. Water will. be divered from San Marcos Creek to maintain the diked' freshwater marsh. Additionally, sediment catch basins will be placed upstream in the creek. channels that input to the lagoon. Since shorebirds, dabbling ducks and the endangered California least tern (Cll) presently use the lagoon, the project is designed to result in no net loss of habitat values for these species. Only the FWS and CDFG conducted this analysis of the net effect of each project alternative upon the existing ~abftat value for shorebirds and dabbling ducks. The restoration plan' includes provisions fol' ClT nesting areas. No fewer than four nesting locations averaging about 8 acres each will be constructed within the lagoon, system as determined by FWS and CDFG. In addition to the preferred enhancement project (presently proposed), a range of preliminary alternative configurations were evaluated. 3 Section 3. METHODOLOGY The involved agencies(FWS, NMFS, COFG, and POLA) utilized an agreed-upon habitat evaluation procedure to aSsess the impact .area ~nd the miti~ation project. Figure 1 presents a schematic diagram of the evaluation procedure. The evaluation team of biologists from FWS, NMFS; COFG, and P·OLA were responsible for famil iarity with the ,existing biologic~l information: and studies pertinent to outer Los Angeles Harbor, 8atiqultos Lagoon, and other appropriate coastal embayment habitats. POLA provided appropriate maps and preliminary engineering drawings of the proposed landfill construction. Maps, drawings, and recent studies of the Batiquitos La:gool) restoration alternatives were provided by the Coastal Conservancy a~d by the affected property owners, HPI and SAMMIS, through their consultants. The team also reviewed an:ongoing study, ,Assessment of the Functional Values of 8atiguitos. Lagoon, being prepared by Woodwa.rd:ClydeConsu1 tants for the Coastal CO'nservancy. . All important activities, assumptions, and ~onclusiOns, directly. related to the habitat evaluation, were discussed or conducted mutually and cooperatively by the evaluation team. The process utilized in this habitat evaluation included the following general steps: . a) determination of proposed project scope; b) fish and wildlife resources likely to be significantly impacted; . c) establishment of mitigatton goal; , d) definition of harbor cover type(s); e) mitigation site identification; f) conceptual design of mitigation area construction,; g) harbor and mitigation site ev'aluation speCies list d'evelopm~nt; h) formulation of habitat suitability ind'ices for the project arid mitigation alternatives; . i) determination of habi'tat units for the project area and the mitigation alternative area; j) determination of the necess-ary size of the mitigation area to offset proposed project; and . k) determination of the potential excess habitat values (mitigation credits) available to offset future fill projects in San Ped,ro Bay for each alternative. . Relative value indices were not !Jsed. ' The fish and wildlife resources of concern in the landfill project vicinity were water-associated migratory birds, such as gulls, terns, cormorants~ brown pelicans, grebes, mergansers, and surf scoters,and coastalma.rine fishes such as croakers, surfperches, California halibut, northern anchovy, flatfislies, sand basses, bay sharks and rays. The accepted mitigation goal of the evaluation team was:, no .net .10ss of in-kind habitat value. The evaluation species included exclusively fishes' and birds. The evaluation species chosen for the harbor site and the ,compensation site are ~ither common to t>q~h systems or considered ecologically ~quivalent. 4 A fundamental premise to the habitat evaluation procedure was that fishery resources would not be traded for avian resources, or vice versa. Since the existing habitat at Batiquitos Lagoon supports shorebirds, dabbling ducks and the endangered California least tern, it was agreed that the restoration', p'roject for Bat1quitos must conserve the exi sting habitat val ues for these species. Therefore, a separate evaluation was conducted by FWS and CDFG to assess the !xisting shorebird, dabbling duck and least tern habitat values at Batiquitos Lagoon. This was a major factor in determining the preferred enhancement/mitigation project to be implemented at Batiquitos. Only a few habitat compensation measures are presently considered feasible for offsetting habitat losses of harbo.r landfills. The principal measure at Batiquitos Lagoon is to restore gnrestricted tidal influence to a significant portion of the lagoon and create and enhance coastal embayment habitats by excavating varying volumes of sediment. In its present cond.ition, the areas of Batiquitos Lagoon whtch would be enhanced have little biological value to any marine evaluation species. Several alternative enhancement plans that achieve the restoration goals by creating different proportions of 1-ntertidal ; and subtidal areas were proposed. The considered alternatives with varying ratios of subtidal and intertidal areas are described in Exhibit A. The se1ect~d cover types used for the basis of the habitat evaluation were: Los Angeles Harbor water surface area measured at the mean high water line, ±4.8 feet mean lower low water (MLLW); and Batiquitos Lagoon water' surface area measured from.±5.0 feet MLLW to -5.5 feet MllW. Only intertidal and subtidal areas with;'n this evaluation range were evaluated. Areas that contain Ca1iforn1"a least tern nesting activity, salt marsh or freshwater marsh/sedimentation basin were not considered in the habitat evaluation process. The twenty (20) selected evaluation species or groups for both the proposed landfill and enhancement alternative sites are listed in Table 1. The habitat suitability indices for each species or groups at the proposed sites were determined ·by the judgement of the team member{s) of each partictpating a'gency based upon best available information and then averaged. The habitat suitability indice$ ranged from' 0.0 for no habitat suitability to 1.0 for comp1 ete habi tat Su:i tabUi ty. Habi tat .suitabil tty indices were derived for the existing condition and the future condition at both the. project impact site and for the alternative enhancement proposal sites. The landfill and the enhancement construction were assumed to be concurrent. The habitat loss from outer POlA fill was assumed to be total and to have occurred between year zero and year on"e. Similarly, the Batiquitos Lagoon habitats in the areas to be restored were assumed to have little value for the evaluation species and' that full predicated habitat value would be achieved after the first year following enhancement. From the. array of enhancement a1ternatfve previously. evaluated, a preferred enhancement proposal was developed for implementation (see Table 2). Under this proposal, 390 acres are available for restoration. Based upon preliminary engineering ~esign, the net impact of the prQPosed Pactex 5 construction in POLA outer harbor. was detentli;ned to be 118.8 acres (see. Table 3). Further refinement of the landfill and mitigation site engineering design may result in a revision to the acreages of the impacted and mitigation a.reas. The habitat units per acre were calculated for the impaGt anc;f enhancement sites by summation of' the' mean habitat suitability ind'ices. The predicted habitat value losses at the Pactex landfill were tabulated by comparing the habitat value of the existing condltion to the habitat value after the landfill is completed. Also the predicted habitat valu~ gains at the Batiquitos Lagoon enbancementsite were tabulated by comparing the existing habitat value with the futur~ (enhahGement) condition. Habitat unit gains and losses for the twenty (20) selected evaluation species were the units of measure and were exchanged on a unit-by-unit basis. The net result of comparing habitat unit changes at the Patte~ landfill (habitat unit losses) with the net habitat unit changes as Hattquitos Lagoon (habitat unit gains) can be represented in a ratio that indicates the offset requirements. Those trade-off ratios are' 1.138 for Alternative 1,1.062 for Alternative 2, and 0.52 for Alternative 3 (Tab.l,e 4).' As shown in Table 5, the Batiquitos Lagoon habitat gai,ns would. not only compensate for the Pactex landfill (118.8 acres) in POLA, but would restore varying amounts of excess habitat value (83 to 325 acres of central San Pedro Bay outer harbor habitat) that may be used to offs'et future landfill project in San Pedro Bay or other appropriate port districts. . In summary, the three alternative p·lans in Exhibit A, the Batiquitos Lagoon Enhancement Pl an., sati.sfaator·ily .meet the following objectives.: 1. avoids harm to California least tern nesting activity, 2. avoids any loss ·of habitat value for shorebirds a.nd dabb'ling ducks, 3. offsets marine resources and habitat loss from the Pac.t.ex, lanetfill, and 4. Would provide additional habitat values which would be counted as mitigation credits that can be. used to offset future San Pedro Bay landfill. ~~" " ..,.' . oj .. .-..:' ~ ~J&...!' .~ 6 Figure 1: Habitat Evaluation Process Flow Diagram defi ne project ~--....... ~ detenni ne ang 1 ike ly tmpacts miti gati on goal I ... determine habitat . select suitability indices 1-4 - - ---e'valuation species' for project area r • • ... define mitigation area and impacts ~------detennine habitat . suitability indices calculate the habitat calculate the habitat units in the ________ units in' the project miti .atton area area I ~ determine net loss • determine net gain within project. f-----.-within mitigation area r I ..., . calculate mitigation area required to offset project area loss I I .. detenni ne excess (mi tigati on habitat value) available for banking Table 1: Evaluation Species and Groups for the Pact~x Landfill And Batiguitos Lagoon Enhancement Projects 1. California halibut 2. White croaker 3. Gobiedae 4. Diamond turbot 5. Bay ray 6. Bay sharks 7. California corbina 8. Anchovy species 9. Oueenfish 10. Topsmelt 11. Barred sand bass 12. Shiner surfperch 13. Bonita/barracuda 14. \llhi te surfperch 15. California killifish 16. Spotted sand bass 17. California tonguef1sh 18. Striped mullet 19. Diving ducks 20. Gulls/terns/cormorants Paralichthys californicus G.en onemus 1 i·neatus bay, arrow and cheeks pot gobies, long-jaw mudsucker) HYfsocsetta guttulata MY 10 atis Californtca . . (leop'ard shark and smoothhoui1ds) Menticirrhus undulatus . (northe~n s'ough~ and deepbody) Sertphus ,politus Atherfnops aff1i1fs paralabrax nebuHfer Cymatogaster aggregata . Sarda. ctdliensis/Sphyraena argeritea Phanerodo'n furcatus Fundulus parvif1nnis Paralabrax mau atofasciata SymfhUrUS atricauda f9 1 cephalus .. scaters, me·rgansers, ruddy, bufflehead) Table 2: SUnI11ary of Batiguitos Lagoon Enhancement Plan Alternatives Alternative 1 Alternative 2 Alternative 3 -Area of intertidal 170 217 317 (Acres) Area of subtidal 220 171 71 (Acres) Area of salt/brackish marsh (Acres) 139 141 141 Area of freshwater marsh 33 33 33 (Acres) Area of least tern habitat - (Acres) 34 34 34 Table 3: Pactex Landfill Project Impact* Habi tat Soft bottom -footprint deep water protected Piling (within 35 ft. of wharf face) Shallow piling Deep piling Benthic side slope Deep water protected Deep water unprotected Rocky dike habitat (exposed) Shallow water protected Deep water protected Total Actual Gain (or loss) in Acres. (140.8) . 1.0 1.4 1.·4 0.9 4.3 12.1 (119.7) Weighted Value 1.0 1.0 0.5 1.0 0.5 1.5 .1.0 Weighted Gain (or loss) in Acres (140.8r 1.0 0.7 1.4 0.4 6.4 12.1 (118.8) * Based on a preliminary engineering design using current NOAA harbor bottom topographic data and due to a CCC pennit condition, the landfill footprint area of such impact has been revised to 140.8 acres. With application of the biologidal mitigation procedure (us'ing 'wildl ife agencies • weighted values) described in Appendix F of the Draft 2020 Plan (COE, 1984),·the net impact. of the proposed Pactex construction in POLA outer harpor was determined to be 118.8 acres. This includes mHigattng for the water .area above the rocky slope to ,the toe of the landfill footprint such that further mitigation for this area, if filled in th~ future, wilJ not be required. Table 4: Summary of Habitat Evaluation For Pactex Landfill And Batiquitos Lagoon. Enhancement Plan Alternatives PARAMETER EVALUATION SITES PROJECT BATIqUITOS LAGOON LANDFILL SITE ENHANCEMENT ~Aril~·t~er~n~a~t1rv~e~1 --rA'I"':l t:--e-r-na~t~i-ve---;:r;2~An'1~t""er-n--a-:-t ,;-. v-e-=3: 1. Cover Type Area Evaluated (acres) 2. Interttdal/subtidal distribution within· . evaluation area (%) 118:8 3. Existing condition * 9.84 (existing habitat units/acre) 4. Future condition 0 (future habi tat units/acre) 5. Net habitat units/acre (9.84) (4.-3.) 6. 390 44/56 0.90· 12.10 11.20 1.138- 7. Area of Batiquitos (104.4) enhancement required to offsetPactex landfill (Cover TYRe Area; acres of Batiquitos) Offset atio 388 388 56/44 82/18 0.90 0.90 11.35 6.02 10.45 5.12 1.062 0.520 (111.9) .(228.5) * Excluding shorebirds and dabbling ducks which were evaluated separately. Table 5: Surmnary of Habitat Evaluation For Batiquitos Lagoon Enhancement Plan Alternatives and Outer Harbor San Pedro Bay PARAMETER 1. Predicted habitat units gained from Batiquitos enhancement (= acres of central outer harbor San Pedro Bay**~*) 2. Habitat units lost from Pactex landfill (= acres of central outer harbor San Pedro Bay****) 3. Excess habitat units available after Pactex project for future mitigation (acres of central outer harbor San Pedro Bay****) Batiguito5 Lagoon Enhan,cement Plan Alternative 1 Alternat'ive 2 Alternative 3 443.8* 412.1** 201.8*** (118.8') (118.8) (118.8) 325.0 293.3 83.0 * 390 acres of Batiquitos enhancement x 1.138 (trade-off ratio) = 443.8 habitat units = 443.8 acres of central outer harbor San Pedro Bay. ** 388 x 1.062 = 412.1 acres *** 388 x 0.520 = 201 .8 acres **** One (1) habitat unit =, one (I) acre of mitigation for one (I) acre of outer harbor San Pedro Bay landfill ,in waters 20 feet or deeper. For example, if City has received all necessar~ State and federal permits for an outer harbor lanqfill of 100 acres (impacting such area calculated as set forth in Table 3) in waters of a depth equal to or greater than 20 feet, then City may accomplish the biological mitigation for this fill by using 100 of the 325 excess habitat units described above. There would, thereafter, be 225 excess habitat units ava.ilable to the City if future fills are permitted. 7003 csc EXHIBIT C HABITAT EVALUATION SU~1MARY' of the proposed pACIFIC TEXAS PIPELINE. COMPANY PROJECT in the PORT OF LOS ANGELES and the proposed BATIQUITOS LAGOON ENHANCEMENT PROJECT in the CITY OF CARLSBAD FEBRUARY 1987 Participants: U •. S. Fis:h and Wildl ife Service National 'MarilieFisheries Service ·Cal ifornia Department of Fi sh and. Game Port of Los Angeles Section 1. INTRODUCTION The Pacific Texas Pipeline Company (Pactex), a private corporation, proposes to construct a crude oil pipeline system that would extend from the Port of Los Angeles, California to Midland, Texas. A 75-foot deep channel would be dredged in Los Angeles outer harbor and the dredged material used to create a 110-acre (at MHW) landfill island. This landfill would be used as a berthing area to receive tankers of up to 225,000 DWT whi ch wou1 d carry primarily Alaska North Slope oil and for locating a 4.8-million barrel capacity tank farm. The landfill in outer harbor would be constructed in waters about 32-40 feet in depth. The Pactex landfill area has been reduced in size due to changes in engfneering design (now fully revet ted with rock) and as a, result ,: of California Coastal Commission permit conditions. The bottom footprint of: the landfill was presented in the Draft EIR/EIS as 208 acres and was revised" to 192 acres in the Final EIR/EIS and currently is calculated at 140.8 acres. A joint environmental impact report/environmental impact statement (EIR/EIS) was prepared for the Pactex project by the Los Angeles Harbor Department and the U.S. Bureau of Land Management as co-lead agencies under the California Environmental Quality Act (CEOA) and the National Environmental Policy Act (NEPA), respectively. The Los Angeles Board of Harbor Commissioners certified the Final EIR for the Pactex project in November 1985. In ea,rl'y 1985, LAHD requested 'the participation of FWS, NMFS, and CDFG in the assessment of biOlogical impacts of the proposed Pactex project and in the formulation and assessment of a biological mitigation project. The f'ish and wildlife impact assessment and mitigation is pertinent to CEQA, to the consideration of the required COE Section 10/404 permits and the California Coastal Act Port Master Plan a,mendment and coastal development permits. The loss of mari.ne, coastal embayment habitats of outer Los Angeles Ha,rbor from dredge and landfill construction required for the proposed Pactex project was discussed in the EIR/EIS. These habitats are principally of value to nearshore marine fishes, numerous water-associated bird species and some waterfowl. No significant terrestrial habitats would be impacted by the proposed Pactex project in the POLA area. <l In consultation with the staffs of the FWS, NMFS, and CDFG, potential mitigation project sites between 'Point Conception and the U.S. Mexican border were examined by POLA. The potential sites to mitigate the Pactex project were narrowed to th~ following areas: 1) Los CerritQs wetlands -City of Long Reach, Los Angeles County, 2) Ratiquitos 'Lagoon -City of Carlsbad, San Diego County, ~nd3). Tijuana River estuary -San Di-ego County. The FWS, NMFS, and CDFG, considered Batiquitos Lagoon to be a prime candidate for a restoration project that was compatible with project mitigation objectives. California Coastal Conservancy, City of Carlsbad, local property owners, and interested parties supported a restoration/mitigation project at Batiquitos Lagoon. ' 1 Section 2. DESCRIPTION OF THE MITIGATION PROJECT Batiquitos Lagoon, 596-acre basin is located in Northern San Diego County, within the corporate limits of the City of Carlsbad. The lagoon occupies an elongated coastal basin that extends approximately 2.5 miles inland from the ocean and one-half mile in width. Two freshwater creeks, the San Marcos and the Encinitas, drain unto the upper r~ach of the lagoon. This lagoon, like many others along the southern coast of Caiifornia, was (and is) subject to' man's development. Substantial reductions iIi' tidal v.olumes have occurred, most significantly within the last quarter of a century due to s·edimentation. -. In addition to the development in the uplands, primarily tne San Marcos River Valley, the western portion of the lagoon is cOnstricted by three major transportation arterie.s: Pacific Coast Highway (Ca~ls'bad Boulevard), an' AT & SF railroad bridge, and Interstate Highway 5. All of these recent developmentS contributed significantly to the rap-i.d increase in sedimentation and the closure of the lagoon mouth to tidal influence except under extreme high tide and wave con~itions, o'r h1.gh outflows •. Seasonal freshwater inflow and the virtual elimination O.T tidal influence have resulted in a pattern of fresh or brackish water inundation after winter rains, follow~dby evaporation resulting in very high salinities (60 parts per thOus'and) and lclrge sa1t-'flats in the dry season. Thi s is particularly true in the 360-acre: easte.rn 1 agoon basin, east of Interstate 5. In dry years, broad areas of the lagoon dry up completely, creating bare salt-flats and attendant odor problems. These extreme aquatic environmental conditions limit the lagoon biota to largely plankton and insects. Fishe·sa,re usually found only in the deeper waters of the western lagoon (marine) and San Marcos Creek' (freshwater). Inundated areas support substantial numbers of shorebirds and dabbling ducks. The California least tern, a state and Federal en~angered species, has nested in several areas withtn the lagoon. The upper lagoon has acted as a sedimentation, basin for San. Marcos and Encinitas Creeks; deposition rates have averaged 1.1 to 1.4 em/year since the early 1900' s. CQntinuing sedimentation is further restricting aquatic habitats and left unchecked w.ill convert· the lagoon. basin to up.land conditions. . . A complete description of Batiquitos Lagoon is found in Batiauitos Lagoon Habi tat Enhancement Study, by Keith MacDonald and C. Robert Pel/meth (April' 1985), Alternat1.vesfor Maintaining Tidal Circulation .in: the Batigu.itos Laaoon, California by Scott A .• Jenkins and David W. Skelly (February 1985)·, an the Draft Batiguitos Lagoo.n Enhancement Plan (1986·) ·by the California Coastal Conservancy. A process of evaluating various enha'ncement alternatives at Batiquitos. Lagoon has been ongoing for a number of years by property owners, resource agencies, local citizen interest groups (e.g., Batiquitos Lagoon Foundation) and, the City of Carlsbad.-· The proposed 'lagoon Enhancement Plan provided the opportunity, in view of Pactex's mitigation requirements for the impacts at 2 POLA, to develop an enhancement project at Batiquitos Lagoon which meets the goals of the interest groups, offsets the Pactex project impacts, and creates excess habitat values for future fill projects in San Pedro Bay. These Lagoon Enhanceme.flt Plan goals include: -restore tidal influence to the lagoon -retain existing marshland and create additional marshland, if desirable -preserve or enhance existing fish and wildlife resources -retain and enhance habitat for endangered species -maintain good water quality . -provide public access ~o the lagoon shoreline, where appropriate -reduce sedimentation in a cost-effective manner -maintain an open ocean entrance -assure that the goals listed abo.ve are achieved and maintained in perpetuity The proposed Batiquitos Lagoon enhancemen~ project is described in detail in the Coastal Conservancy's Draft Batiguitos Lagoon Enhanceme.nt Plan (1986). In addition to the preferred enhancement project, a range of alternative configurati.ons were evaluated. The main features of this project include the construction of a lagoon mouth channel approximately 200 feet wide across the existing beach, westerly of Carlsbad Boulevard. The channel will be lined with riprap to the low water edge of the beach. Through a combination of . excavation and dredging, a large area of the lagoon will be reconfigured to establish subtidal and intertidal habitats. The volume of material to· be removed will be sufficient to establish a tidal prism which will ass.ure continuous tidal influence and daily scouring of the lagoon mouth. Suitable material will be used for beach replenishment, if feasible. The levee (or berm) will separate an area of the marsh from tidal influence thereby preserving the existing freshwater and brackish marsh habitat. Water will be divered from San Marcos Creek to maintain the diked freshwater marsh. Additionally, sediment catch basins will be placed upstream in the creek channels that input to the lagoon. Since shorebirds, dabbling ducks and the endangered California least tern (,CLT) presently use the lagoon, the project is designed to result in no net loss of habitat values for t~ese species. Only the FWS and CDFG conducted this analysis of the net effect of each project alternative upon the existing habitat value for shorebirds and dabbling ducks. The restoration plan includes provisions for CLT nesting areas. No fewer than four nesting locations averaging about 8 acres each will be constructed within the lagoon syst.em as determined by FWS and CDFG. In addition to the preferred enQancement project (presently proposed), a range of preliminary alternative configurations were evaluated. 3 Section 3. METHODOLOGY The involved agencies(FWS, NMFS, CDFG, and POLA) utilized an agre'ed-upon habitat evaluation p~ocedure to assess the impact area ~nd the mitigation project. Figure 1 pr~sents a sthematic diagram of the eialuation procedure. The evaluation team of biologists from FWS, NMFS, 'CDFG, and POLA were responsible for famil iarity with the ex;'sting biological information and studies pertinent to outer Los Angeles Harbor,. Batiquitos Lagoon, and other appropriate coastal 'embayment habitats.' POLAprovided appropriate' maps and preliminary engineering drawings of the proposed landfil~ construction. Maps, drawings, arid recent studies of th~ Batiqu'itos Lagoon resto.ration alternatives were provided by the Coastal Conservancy and by the affected property owners, HPI and SAMMIS, throug.h their cQnsultants. The team also reviewed an ongoing study, Assessment of the Functional Values of Bati-guitos. Lagoon,being prepared by Woodward-ClydeConsultants for the. Coastal ,Conservancy. All important activities, assumptions", and. conclusions" directly', relclted to the habitat evaluation, were discussed or conducted. mutually and coopera·tively by the evaluation team. The pr.ocess utilized in this habitat evaluation included the following general steps; a) determination of proposed project. scope; b) fish and wildlife resources likely to besigniffcantly impacted; c) establishment of mitigation goal; d) definition of harbor cover type(·s); e) mitigation site identification; f) conceptual design of mitigation area construttfon; . g) harbor and mitigation site evaluation speties list development; h) formulation of habitat suitability indices for the project and mitigation alternatives; . . i) determination of habitat units for the project area and the mitigation alternative area; j) determination of the necessary size of the mitigation area to offset proposed project; and k) determination of the potential excess habitat values (mitigation credits) available to offset future fill projects in San Pedro Bay fO'r each alternative. Relative value indices were not used. The fish and wildlife resources of concern in the'landfill project vicinity were water-associated migratory bi rds, such a$ gull s, terns·, cormorants, brown pelicans, grebes, mergansers, and surf scoters, and coastal mari'ne fishes such as croakers, surfperches, California halibut, norther.n anchovy, flatfishes, sand basses, bay sharks and rays. The accepted mitigation goal of the' evaluation team was': no net loss of in-kind habitat value. The evaluation speci~s included exclusively fishes and birds. The evaluation species chosen for the harbOr site ~nd the compensation site are either common tob(ith systems o.r consideredecologitaliyequivalent. A fundamental premise to the habitat evaluation procedure was that fishery resources would not be traded for avian resources, or vice versa. Since the existing habitat at Batiquitos Lagoon supports shorebirds, dabbling ducks and the endangered California least tern, it was agreed that the restoration project for Batiquitos must conserve the existing habitat values for these species. Therefore, a separate evaluation was conducted by FWS and CDFG to assess the gxisting shorebird, dabbling duck and least tern habitat values at Batiquitos Lagoon. This was a major ,factor in determining the preferred enhancement/mitigation project to be implemented at Batiquitos. Only a few habitat compensat-ion measures are presently considered feasible for offsetting habitat losses of ha,rbor landfill s. The principal measure at Batiquitos Lagoon is to restore unrestricted tidal influence to a significant portion of the lagoon and create and enhance coastal embayment habitats by excavating varying volumes of sediment. In its pre$ent condition, the areas of Batiquitos Lagoon which would be enhanced have little biological value to any marine evaluation species. Several al~ernative enhancement plans that achieve the restoration goals by creating different proportions of intertidal and subtidal areas were proposed. The considered alternatives with varying ratios of subtidal and intertidal areas are described in Exhibit A. The selected cover types used for the basis of the habitat evaluation were: Los Angeles Harbor water surface area measured at the mean high water line, ±4.8 feet mean lower low water (MLLW);'and Batiquitos Lagoon water surface area measured from ±5.0 feet MLLW to -5.5 feet MLLW,. Only intertidal and subtidal areas within thh evaluation range were evaluated. Areas that contain California least tern nesting activity, salt marsh or freshwater marsh/sedimentation basin were not considered in the habitat evaluation process. The twenty (20) selected evaluation species or groups for. both the proposed landfill a.nd enhancement alternative' sites are listed in Table 1. The'habitat sui tabi lit.Y i'ndices for each species or groups at the proposed sites were determined by the judgement of the team member{s) of each participating agency based upon best available information and then averaged. The habitat suitabi.1ity ;'ndices ranged from 0.0 for no habitat suitability to 1.0 for compl ete habi tat suitability. Habitat suitabili ty indices were derived for the existing condition ,and the future condition at both the project impact site and for the alternative enhancement proposal sites. The landfill and the enhancement construction were assumed' to be concurrent. The habitat 10ss from outer POLA fill was assumed to be total and to have occurred between year zero and year one. Similarly, the Batiquitos Lagoon habitats in the areas to be restored were assumed to have little value for the evaluation species and that full predica,ted habitat value would be achieved after the first year following enhancement. From the array of enhancement alternative previously evaluated, a preferred enhancement proposal was developed for impl~mentation (see Table 2). Under this proposal, 390 acres are available for restoration. Based upon preliminary engineering design, the net impact of the propos.ed Pactex 5 construction in POLA outer harbor was determi.ned to be 116.8. acres (see Table 3). Further refinement of the landfill and mitigation site engineering design may result in a revision to the acreages of the impacted and mitigation areas. The habitat units per acre were calculated for the impact and enhancement sites by summation of the mean habitat suitability indices.. The predicted habitat value losses at the Pactex landfill were tabulated by comparing the habitat value of the existing condition to' the habitat value a;fter the landfill is completed~ Also the predicted habitat va·lue ga;-ns at the Batiquitos Lagoon enhancement site Were tabulated by comparing the existing habitat value with the future (enhancement) condition. Habitat unit gains and losses for the twenty (20) se 1 eC.ted eva 1 uati on speci eswere the un its of measure and were exchanged on a unit-by-unit basis. The net result of comparing habitat unit changes at the Pactex landfill (habitat unit losses) wtth the net habitat unit changes as Batiquitos Lagoon (habitat unit gains) can be represented in a ratio that indicates tha offset requirements. Those trade-off ratios are' 1.138 for Alternative 1, 1.062 for Alternative 2, and 0.52 for Alternative 3 (Table 4). As shown in Table 5, the Batiquitos Lagoon habitat gains would not only compensate -for the Pactex landfill (118.8 acres) in POLA, but would restore varying amounts of excess habitat value (83 to 325 acres of central SM Pedro Bay outer harbor. habitat) that may .be used to offset future landfill project in San Pedro Bay or other appropriate 'port districts. In summary, the three alternative p1a'ns in Exhibit A, the Batiquitos Lagoon Enhancement P1 an, sati sfactori ly meet the fo 11 owi ng objectives: . 1. avoids harm to California least tern nesting activity, 2. avoids any loss of habitat value for shoreb'irds and dabbling ducks, 3. offsets marine resources and habitat loss from the Pactex landfill, and 4. Would provide additi.onal habitat values which would be. counted as mitigation credits that can be used to offset future San Pedro Bay 1 andfill. 6 Figure 1: Habitat Eva luati on Process Flow Di agram defi ne project t-' .. -....... ~ and 1 ike 1y impacts detenni ne miti gati on goa 1 ' determine habitat suitability indices for project area s\elect ~ -:.. - -eva'luati al species , , I .... define mitigation area and impacts ~'-----... determine habitat suitability indices I -calculate the habitat calculate the habitat units in the ____ units in'the project miti ation area area I I ~ determine net los~ i'-_____ , determinf} net ,gain . within project within mitigation ar,ea I I ., calculate mitigation area requi red to offset project area loss. ( , y determi ne excess (mi tigati on habitat value) avai lable for banking TABLE 0-2 BATIQUITOS' LAGOON ENHANCEMENT PROJECT MAINTENANCE FUNDING INHIAL I NVESn1ENT INFLATION ANNUITY DEPOSIT RATE RATE. AMOUNT $4,852,485 8.2% 5.2% $236,115 ===========================================.======================-=;:==?===== INTEREST TO MAINTENANCE END.ING YEAR EARNED' ACCOUNT BALANCE 1 236,115 4,616,370 2 378,542 248,3·93 4,746,519 3 389,215 261,309 4,874,425 4 ' 399,703 274,898 4·,999,230 5 409,937 289,.192 5,119-,975 6 419,838 304,230 5,235,582 7 429,318 320,050 5,344,8~0 8 438,278 336,693 5,446,435 9 446,608 354,201 5,538,842 10 454,185 372,619 5,620.,408 11 460,873 391,995 5,689,286 12 466,521 412,379 5,743,428 13 470,961 43"3,823 5,780·,566 14 474,006 45.6,382 5,798,191 15 475,452 480,114 5,793,529 16 475,069 505,079 5,763,519 17 472,609 531,344 5,704,784 18 467,792 558,973 5,613,603 19 460,315 588,040 5,485,878 20 449,842 618,618 . 5,317,102 21 436,002 650,7'86 5,102,318 22 418,390 684,,627 4,836,081 23 396,559 720,228 4,512,412 24 370,018 757,680 4,124,750 25 338,229 797,079 3.,665,900 26 300,604 838,527 3,127,977 27 256,494 882,130 2,502,341 28 205;192 928,001 1,779,532 29 145,922 976,257 949,199 30 77,834 1,027,023 7 - 3 - Table 2: Summary of Batiguitos Lagoon Enhancement Plan Alternatives Alternative 1 Alternative 2 Alternative 3 Area of interti-dal 170 . 217 317 (Acres) Area of subtidal 220 171 71 (Acres) . Area of salt/brackish marsh (Acres) 139 141 . 141 Area of freshwater marsh 33 33 33 (Acres) Area of least tern habitat 34 34 34 (Acres) , This list of 30 inflation-adjusted annual maintenance expenditures shall then be util ized to detenni ne a mean annual rna intenance expendi ture in year 31 dollars by dividing the 'sum of the 30 annual adjusted maintenance figures by 30. Additionally, the list of annu~l maintenance expendi.tures shall be used to identify the greatest maintenance expenditure which was required in any of the 30 preced1ng years. A 95% confidence interval about the inflation-adjusted llEan annual maintenance cost shall be calculated using the fonowing fonnula: x+ 1.~~~ for X = Adjusted mean annual maintenance expenditure. N = 3q (the numb.er of years being sampled) •. s = Standard deviation of the 30 i~flation-corrected annual maintenance expenditures • . For example, if X = $500;000; and s = ,$51,000 then the 95% confidence interval about the mean annual mainten(!.nc;e cO.s't,would be $500,000 ±. 1.9Pb$51,000) or $500,000 ±. $18,250.12;, or $481,749.88 ,< X < $518,250.12. Next, the 95% confidence intervals shall be arrayed about the mean annual inflation, and the mean observed annual difference b.etween interes.t and inflati'on through analysis of each of these paramete.rs as they relate to each of the 30 years following Constructi-on Certificatio·n. For Example: 1) The 95% confidence interval about the mean inflati:on calculated over the 3D-year period will be computed as follows: i ..:!: S(1~~6) for i = The mean of the observed i·nterest rates the 30 years follo\'ling certification. N = 30 s = Standard deviation. Tor .each of If i ~ 5.2% standard deviation = 1.0% and N = 30, then the 95% confidence interval ,would be 5.2% ±. 0.35%; or 4.85% -< i < 5.55% - 2) The 95% confidence interval about the mean difference between inte'rest and inflatton (Y) wi,ll be cOOlputed as fo~lows: - 5 - Table 4: Summary of Habitat Evaluation For Pactex Landfill And Batiquitos Lagoon Enhancement Plan Alternatives PARAMETER EVALUATION SITES PROJECT BATIQUITOS LAGOON LANDFILL SITE ENHANCEMENT --"'Arij'~t-e r-n-a~t irv--e-1r--'"T'A ..... 1 t:"'""'e""'r""na-:t""':'i -v e--.::l:2---'AI-:;'1-=-te-r-n-a-:-'t i:-v""'e-=-3 1. Cover Type Area Evaluated (acres) 2. Intertidal/subtidal distribution within evaluatio~ area (%) 118:8 3. Existing condition * 9.84 (existing habitat units/acr~) 4. Future condition 0 ('future habi tat units/acre) 5. Net habitat units/acre (9.84) (4.-3. ) 6. 390 44/5'6 0.90 12.10 11.20 1.138 7. Area of Batiquitos (104.4) enhancement required to offset Pactex landfill (Cover Ty~e.Area; acres of Batiquitos) Offset atio 388 388 56/44 82/18 0.90 0.90 11.35 6.02 10.45 5.12 1.062 0.520 (111.9.) (228.5) * Exc~ uding.shorebi rds and dabbl ing ducks which were eval uated sepa~ately. If the total of funds available in the Maintenance Account plus the funds remaining in the Annuity Account plus the funds available in the long-tenn Investment Account exceed the sum' of B pl us LAME, then the portion of these combined funding sources which exceed the computed val ue of the sum of B and LAME s,hall be refunded to the BOARD. CDFG shall receive the portion of the combi ned accounts, whi ch is equal to the sum of B plus LAME and shall establish two separate accounts therewith. These accounts shall be known as the LAME account (equivaient in size to LAME as identified a,bove) and the permanent maintenance account (or B account) equivalent in size to B as B is to be computed. Use of these two accounts shall be limited to providing for maintenance of the Batiquitos Lagoon Restoration Project area. CDFG shall rely upon use of the B account for lagoon maintenance except in cases of emergency in which event CDFG may draw against the LAME account. Using the agreed to interest and inflation assumptions, {i.e., interest at 8.2% and inflation at 5,.2%} 'and assuming, for example, an initial deposit of $3,385,764 into the investment account and an annual estimated maintenance, cost of $236,115 (i.e., the deposit takes place 4 years from the effective date of the Agreement). This account will grow to $36,01~,261, and BOARD would, given this example, receive a refund of $36,014,261 -$20,897,624 = $15,116,636 plus any remaining funds available in the Annuity Account. If the differential between interest and inflation turns out to be measurably higher than the agreed to 3.0%; and/or if the annual mean corrected maintenance figure is less than $500,000; and/or if expenditures and interest rates exhibit a degree of consistency which results in tightening the 95% confidence intervals about the parameters di scussed above, then the refund could be greater than the $15,116,636 indicated above. If, alternatively, the total f~nds available in the Maintenance Account plus the funds available in the Annuity and Investment Ac'counts are less than or equal to the sum of B and LAME, then CDFG shall become the sole owner of funds then available and BOARD shall receive no refund. Given this instance, CDFG shall use the combined total of the Maintenance Account, Annuity Account and Investment Account exclusively for the maintenance of the Project area and shall attempt to secure additional funds which may be required for such maintenance from a variety of State, Federal, local, or private fundi.ng sources. ' VEH:cam csc3-5315 - 7 - \\ ---------.-----~-.-~ -----.-----.---.-.------------...-~-------------~ ----------------------->------ fJ S POSTt-MSTER P.O> NO. ACCOUNT NO. INVOICE NO. SSO 519 9289 0000 880 519 9289 0000 ~~a~!iJ{Jre/ il /brn1K Iftft!:" ~ ~7Vh7 No.119798 CITY OF CARLSBAD, CALIFORNIA TOTAL 119798 t INVOICE AMOUNT 222.81 2 1 767.00 2 1 989.81 .. \~- t.., r~' .".,._~,"/o--,.,.......~., r", • -~ ..... 1/23/39 ',CITY OF CARLSBAD DATE: 1200 Elm Avenue Carlsbad, CA 92008·1989 (619) 438-5578 Purchasing No. ___ ~ ________ _ Dept. N'o. ______ -.,.-__ _ '.:;·~~3~ Vendor NO., __ ~__+·r--'_':-:--_-_'.~, ___ _ REQUEST FO'R WARRANT The Director of Finance is hereby requested to draw, a warrant payable To: US POSTMASTER Encinitas, California IN PAYMENT OF THE FOLLOWING: ACCOUNT NO. n~wsietter for Batiquitos 880-519-9269-000£ Encinitas m~mng ~. Enhancement Project (residents living around the lagoon). TOTAL Requested By: " AMOUNT $222.fH , , .. "--- .. $222.81 Department Head ,City Manager "\, . ---- "',l -" ,'.\ , . " , '"f , '/ . ; ,~, - " " f , :) . ~, " " ,' .. - DATE: 1/23/89 Vendor No., ___________ __ CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008·1989 (619) 438·5578 REQUEST FOR WARRANT Purchasing No. _______ _ Dept. No. _________ _ The Director of Finance is hereby requested to draw a warrant payable To: US POSTMASTER Carlsbad, CaUfornia ----------~- IN PAYMENT OF THE FOLLOWING: ACCOUNT NO. AMOUNT " 880""'Sl9-9289-0000 . Carlsbad mailing -newsletter for Batiquito$ $2 .. 767.00 . Enhanc~ment Project. " . -. "'....---~ ~" -~, ~ -----.-. , . TOTAL __ ~ _______ ---__ ( :' ,-/ ; 4' Authorif:ed' By: " i 'pt{:-.YLJu_~~ J4-~ --~,~i t·.t Requested By: Department Head ." , I I' : , .. ~ " ,.' , i " " · ,{ ---_,,_..1 I . '~ · I I , ,.;~' · 'i ,'I , f'~ '.,'~~ .~ , ,& " , I ,; "':: , " .'J ADDRESS. A/C. NO~ 4'293.9 __ : ... 11 .' CITY OF CARLSBAD 1200 ELM AVENUE • CARLsBJXD, CAl.;rFORNIA 92008 438·5551 ;' II , .. ..( ,,' - DESCRIPTION f( ,8 TOTAL ' AMOUNT ." , :1 ,r 1 'I ,8 CITY OF CARLSBAD 1200 ELM /(VENUE • CARLSBAD, CALIFORNIA 92008 / 438-5551 RECEIVED FROM ~ , A/c. '.' ~,O. DESCRIPTION -AMOUNT " ,ol-EPt-:3 Xe..Y'n'l -R 30,:.~ I .' .. --; It e~~~'1 > .f V ~ ~~ # '\~ <\:;:2\, , ,.,1\ <;,' .~~ "'\" .~ .' .~~ l·"· .. '''''''· ~ '\,'." : (&' .f.:$f;?~ ~> ;-~\' ; ~i$") l . ' '. ! .. ~ ", -¥::>' f'''-} ~ ~ .~~& ...,~ j;}) " ~~ ~ ~~ .jl . (;''1 ,~ .~J . .1 ~: ;,'J I 'I <!. ~~ ,'-..... ~~;( , " l..r:c • .';~ _ ~ .... (l • ..- ... ..::::~ . 42939 TOTAL ) " \ . 8 80. ESCONDIDO BLUEPRIN'T CO. . CReER' FORM ~~ 440 NO. HALE A,VE. DATE 19 , ESCONDIDO, CA 92025-2462 I J 1. XEROX 9500 4. XEROX 20BO 745-8626 '2. BLUE'PRINTING 5. PHOTOGRAPHY 3. sUPPLies 6. SOLO TO: CUST.# P.O.# . COOE NO. NO. TOTAL ORIG. GUAN. OESCRIPTION: CASH CHG. AMOUNT PRINTS SQ.. FT. L2 { ( 1ft 58)l/~ ~ Tf ..,. 1.-/ " '! ,?. (x: (0 D -~ j ;;L I I ~L jcnM" '!j2-i ---~ ....., I ~s t!.-.c-;vU ./c:L I I I P7( Lil-Y..' t;;S . ......; r1 · . : " tJ"a., {(}'~7 '. : · ! .. · SPECIAL INSTRUCTIONS: -- '" f-D m~ 3& ..ICBa TAX .~ TOTAL I/) 't; '5 '(' ~ __ .' __ ~ .. ",_._~_ .. _ •• r __ ._. __ ._.~. _~ __ ~~ __ ",,,,,,,, ... ,. __ , • __ ..... _. ~. ~_ ... r--------~-- I~ Amount $ ... \0 .................. :................ No •................................... : ............ _ RECEIVED OF PETTY CASH Q '. . .............. : ..................... 9J.J.~ ................. 198.5 For ..... 8.ffIl .. ~ .. U1IOS. .. l%.fr.9.~ ............ t1.a:~ ................ , .. . Charge to ............ DJ .. = .. r.b...lQ .. ~ .. 2-r.a.b.a ............................ , ...................... . ................. _-....................... _ .... _._ ...... -_ ............. -.... _ ................................................... ~ .... --.......... . Received By Date Department Dept. Req. No. 9/15/83 R/A Group #11 PURCHASE REQUISITION CITY OF CARLSBAD Date Needed P. O. Number Assigned, 9/15/83 . 10924 VENDOR NO. Confirming $HIP: City of Carlsbad REMIT TO: RECOMMENDED VENDOR: . San Di ego County TO __ RE_S_E_AR-'.,C_H.:.../ A_N_A_L_YS_I_S_G_R_O_UP__ TO ___________ TO . Dept. of' Pub li c Works/Mappi ng ADDRESS~096 Harding St. . Section ADDRESS ________ '--__ ,ADDRESS 5201 Ruff; n Rd., #D ~i~~~ _~C.::.a r~·l.o..::s::.:b:.:::a:.:::d~,_9::.:2::.:0:::.::2::.::8:__ __ _ CITY & CITY & A 12 STATE ________ --,----, __ STATE San Di ego, C 92 3 TELEPHONE NO Item Quantity Unit Of Description Account Unit Amount Measure Number Price l. six each MYLARS .., Ortho Topo Photographs, Batiquitos Lagooll 01-1610-2660 10.00 $' 60.00 plus tax i ;: . Item " ' .. ;;.: \::·Venc:lor;s Na~e~~·.: (:~:1~~;:''it~51:~~~'<' ~(~!~9.;~tt~·: ··:::lt8m. , -'>;;'~'l~: ve~do'r:s ·Na~~>'>_. . ; '_:::~~::f~~:":: '. . .. ·::j·i\~::iC~ )~~ . • l~";-.'\ " -. ,,-,-. .. ..... ' /") 17 ~4 ",q'g;;; 7. ~ ~'d ~ O,d",d By: <::1-. '-~!ol;.. .. ~d"£4<--c. ,/ . . t-.- (. (. ( COC\lC\l co m C') L{) m . '?'?x ,...mW ~~g 05Olco ,...,.....r (OCO~ ..r CHARGE TO: ~ A BLUELINE PRINTS B BLACKLINE PRINTS C BROWNLINE PRINTS D SEPIA TRANSPARENCIES: (R) REGULAR (E) ERASABLE E . AMMONIA MYLAR: BROWNLINE BLACKLINE F CROLUX XX XEROX CHARGE TO: INVOICE o 11660 .cUSTO.l';JER NO. AMOUNT TOTAl. INVOICE N~ 11663 CUSTOMER NO. t::. ORDERED BY: DATE'. Q) ~~~~~~~==~~~~~==~~==========~==~~~~~~g;~~~==~======~==== • <0 ITEM NO.OF NO.OF CODE DESCRIPTION AMOUNT NO. ORlG. SETS • r====F=7,=4====~~+===,~==================================~~====~===== CO~~1~-r~A~'~~~~~"~3~b~~~ __ ~ __ ~~~~~~ g Q) I ~~~~_2 __ ;-__ ~r-__ ~ __ ~~ ______ ~~ ______________ ~ ____________ ~ ____ ~ ______ ~L-__ _ .,... <I: . I ~c..:8 <l:aor----r---t----r---t-----------------------------~--------~~-----4-----0<1: a: 4 3 ·ffi<l:r----r--~r_--1----t--------------------------------------~--4-~----+----0....1::2 5 0a:Z ~<I:<l:t_---r--_t----r---t-----------~--------~~--~--------~~~--~-4-----aoen 6 Z • t====b==~====~==d=================================T,=====~~====~===== <I: 0 en 0 STAPLE YES 0 ~ A BLUE LINE PRINTS B' BLACKLINE PRINTS C BROWNLINE PRINTS D SEPIA TRANSPARENCIES: (R) REGULAR (E) ERASABLJ;: E AMMONIA MYLAR: BROWNLlNE BLACKLINE F CROLUX XX XEROX DE~IVERY SUBTOTAL i ':.:t: ,---- t" , . ., .I I I I -I BEll BLUEPRINT 1828 SOUTH HILL ST. OCEANSIDE, CALIF. 92054 PHONE 433-6881 ClTY CUST~O~M"E~R~'S~----------------------------------------~ NUMBER NO. NO. SQ. FT. EA pRIGINAL~ PRINTS PRINT " QUAN. DESCRIPTION .- CASH 0 CHARGE'D TOTAL SQ. FL AMOUNT RECEIVED_;;·~l'-. c.: f /I V. TAX Lfl-.1 X ! (rlYlii 7. ~ jib/ftL-" TOTAL -~.-L{ "---"'-U' / ~ / .J /. i ! TERMS: NET 10th EACH MONTH - A SE 'ICE CHARGE OF 11/2 % PER MONTH WILL BE ADDED ON ALL ACCOUNTS 30 DAYS PAST DUE.' Soeedlply· ":Kp·· Patented Date 10/4/83 Department R/A Group ~HIP: PURCHASE HEQUISITION CITY OF CAR LSBAD r.:J.-e VENDOR NO .. Dept. Req. No. Date Needed P. 0: Number Assigned . Confirming. #14 REMIT TO: RECOMMENDED VENDOR: TO _R~E_S_EA_R_CH--,-/_AN_A_L_YS_I_S _G_RO_U_P __ TO ________________ ~ ________ TO California Framing & Supply ADDR ESS ---,3>!..!0~9~6:.-!.!H-"'!.a r!....:d~i!..!.n!.;:g1-::;!.S~t.!.... --' __ _ ADDRESS _____________________ ADDRESS-=5~6~0_-~C_G~·r~e~e~n~b~r~i~e~r~D~r~. __ __ ~~~~~ ___ C_a_r_'_s_b_a_d.;:..' _9_2_0_0_8 ______ _ CITY & CITY & STATE ST ATE __ ~O~c~e~a~n~s~i..:::dc.:::e..a., -=.:CA~9::.!2=.:0::..;:5::...4=___ __ _ Item Quantity 1. 4 Item Requisitioned By: Unit Of Measure ea. Description TO PAY invoice #4514, dated 9/22/83 for 4 pieces of 4x8 foamcor pAYING '. '. ~ TELEPHONE NO 439-0440 Account Number 01-1610 .. 2660 Ordered By: Unit Price 5.05 L L~prov:d Y7:/ /~'I'_-" r"L«_ A 'r.J~t!£~ --;/T/ ~ _------______ -."/."--1,, _____ --'-______ ..1.-__ • __ • ___ .• _ Amount 20.20 ~.Price , ,", 4514 (SI9) 439·0440 SHIP TO TO <'---------------~------------------; -_ .... , .. -_._ ............. -.... _ .... , .... _ ..... __ ....... ~ .......... -.. "..... . •....... --_. __ ....... _ ................. _ ............. ,. .. -.... -.. "' .... -., ....... ~:....-.......... -............. , ... '"....... . ............ ,. .......... -._._ .................. _-_ ... " .. -._ .. -.. __ .......... _ ......... -.... ~ ...... ---...... -.... . ... -.... ~-.............. -........... ".' ...... " ................ -.. _ ....... . -.......... -................. -.......... -......................................................................................... + ....... _._-....................... : ........ -........................................................................ · .. · .... ·-...................... · .. · .... · .. ·-· ........ · .. -··1 ...... ·-·---...... -..... . .... -........ -... _ ..... ,,-..... _ ........... " .......... " .............. . ................ .. -_ ..................... ; ........... _ ......................... -.................. " .................. , ......... " .............. . ............. ·······:-······_-_ .. _···· .... ······_····· .. ·· .. ·_-1· ............ • ............ > ... ; ........... ; • ..,.. ..... -.. _ .. :., ................... , ..... -.............. -.. --..................... -.-c .. c .... -·-.. -·-· .. · .. -: .. · .. +,· .. ··-···-·-_ ....... __ ... _ ....... 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"._w_.m ..................................... , ......... _ ......... ~ ........ _ .. _ ..... _._ .......... _ ...... _.-. ....... _ .............. __ ............. _ ... _ .. ~ .. _, .......... _ .... ~ ..... ¥ ___ ., ..... •••• ........... "m .... _·· ..... • ....... ·" .... TRIPLICATE L...... ________ . __ _ • ..... ~ ..• -~v~-w.r,'~~f-... ~v" ., ,0' •••• ~-'>4~uE-lis' 1IWi .f •• 'U ,'-t"f 'Fn·~;:·':·_··I·'('L ,£ OJ*::.:61 t, _ 'j litll:t\ t i I ,j i C", , ,.. ~ WI-C~ -0:: ~fD (f)'::J w...J ;:0] " ',l " I COC\l(\J COOle') 10 0) • C(~>< ..--OlW gj~8 0>0>00 ..--..--'<1' CHARGE TO: ~Lod"(l~ L<~IJ&7~~ , -~ -~--r--~~7 .----I <0 <0 ~ I O~~~D ~~: __ ,?KkbifJ3,_ DATE: if: (~'lt~, I ..--.<0 INVOICE ~ 13886 CUSTOMER NO. AMOUNT • • t==~~~~.=F==~9F;:==f==7~==~~~F=~==~~=====================T====~====~======~~~== m 1 COO L-----t-~_4~~_+~~~-=~~~~~~~------+_~~_t~{}~~~-=------~------~~~~o&jr ~ « 2 ~0l0 ,,- N(§cri 3 0) .0 ~ __ -+ ____ ~ __ ~~~~~~~~ __ ~ ________________________________ ~ ______ -+~ ___ «00 4 0«0: m« t~~Jt=:~~~~~~J:~~~~~~~~~~~~~~==================Jt========t===~ 6~:::E 5 eJo:Z ~«« 6 0000 Z • ~===b===d~~t=~~~~~~~~==~================~=======+======~==== ~ 8 .~ t: :::l 00 STAPLE DELIVERY NOD • M :1 I I C II ,,) ~o ' I 7 --'" -- wO: ~W 5 lL 0 00 « « ~~ Oa:Z 0:0« 000 WOO o:-::r: «0.0 ii:oz lLii:« 6coO: ~:§:g lOMe') ~ A B BLACKLlNE PRINTS C ,BROWNLlNE PRINTS, D SEPIA TRANSPARENCIES: (R) REGULAR (E) ERASABLE E I AMMONIA MYLAR: BROWNLlNE BJ.,ACKLlNE F I CROLUX XX XEROX .! • ,:";' , " -; , '\ ~" ~'!' <-;!i' '. " !:. PURCHASER: INVOICE MAKE CHECKS PAYABLE TO: DANIELS CABLEVISION, INC. AND MAIL TO: ROBERT LUCAS, PROGRAM DIRECTOR DANIELS CABLEVISION, INC. P.O. BOX 344 CARLSBAD, CA 92008 cQbl,eVISlon CITY OF CARLSBAD INVOICE NO: P201 1200 Elm Avenue Carlsbad, CA 92008-1989 Attn: RIA,Group 1--__ _ DATE: Jan. 27, 1984 TERMS: Net 30 i ORDER NO: 011476 DATE ENTERED: Jan. 27, 1984 DESCRIPTION Recording and editing ,soundtrack for Batisquitos Lagoon slide show. Fac'ilitie rental -January 19 (1~ hrs.) and January 20 (1 hr.) ~ .f:)tot$) ~ 0 ...... qf-~ V·,\\o~ ~ UNIT PRICE $30./hr. TOTAL DUE Cc.: ::.. ,":.::;:1 C:)f':1mun:cati::;ns Cente~ INVOICE AMT. $75.00 , . $75.00 P,O, Box 344 • 5720 EI C2!'71;nO Real • Carlsbad. Calif. 92008 • (619) 438·7723 ... I Date Department 1/24/84 R/A Group $HIP: PURCHASE REQUISITION . CITY OF CARLSBAD VENDOR NO . Dept. Req. No. Date Neediid #23 REMIT TO: RECOMMENDED VENDOR: Attention:Bob Lucas TO ___________________________ TO Car lsbad Cab levi si on ADDRESS· ______________________ ADDRESS P.O. Box 7800 TO . RESEARCH/ANALYSIS ADDRESS 3096 Hardirig' St. CITY& Carlsbad,. 92008 STATE~~~~ __ ~ ____________ __ CITY & ... CITY & STATE STATE Carlsbad, CA 92008 Item Quantity 1. /) I n Unit Of Measure Description Recorr'l=.d pdit audio fQ:r: ~ 'BATIQUITOS LAGO~e .. -----presentatl0n at the rate. of $30/hr. (not to exceed TELEPHONE NO. Account Number $120.00) ; 01-1610-266( I I"'--W 438-7723 Unit Price Amount · , -; .~. . .. -", CHARGE TO: INVoicE N2. 0459 ~ A BLUELINE P S B BLACKLINE PRINTS C BROWNLINE PRINTS D SEPIA TRANSPARENCIES:(R) REGULAR (E) ERASABLE E AMMONIA MYLAR: -BROWNLII'{E BJ.,ACKLINE F CROLUX XX XEROX .. ,-,. ).:' :-.... ,t.. -.~ l • ~ ..... , ._:~.:~.-:F.:,_ ..~ . STAPLE ~ A B C D SEPIA TRANSPARENCIES: (R) REGULAR. (E) ERASAB.LE E AMMONIA MYLAR: BROWNLINE BLACKLINE F CROLUX XX' XEROX t·· .. _. .' .. . .'~ -. ::- • -•. ji' -.. ,-\ . ;?¥. .-~'" .. ~ .:" INVOICE .. N2 0429 CqSTOMER ~o; DELIVERY SUBTOTAL TAX __ I .. , P.O. BOX 878· 687 FIRST STREET· ENCINITAS. CALIFORNIA 920 'D -, 619-753-6543·619-452-1281 LANDI/sr' .&/ ,', PLA/iN, .... nr:.. . .... """4-1.1·" i , . Michael J. HOlzrtu L:and Use Plann((ig Manager I 01-32·-30-dSi.(./) City of Carlsbad . . 11.1\·,,/ .. > r"'u""- , -. ~'~:~·~f'.~:,:;,".,ft-:.:./ 984 . PLANNING DEPT. . r L ------------1 ' PLEASE DETACH THE TOP PORTION' AND RETURN WITH YOUR REMITTANCE NORTH· COAST PUBLISHERS, INC. -P,O.BOX 878-ENCINITAS. CO 92024-0878 3/3 3/3 3/3 3/3 3/3 3/7 3/7 3/7 3/1.0 3/17 3/17 3/17 3/17 3/17 3/17 3/17 3/17 3/17 3/17 3/17 3/17 3/28 3/28 LEGAL ADVERTISING-CARLSBAD JOURNAL Public He'aring, LN-12 + MaP..!' Public Hearing, LN-ll + Mapv' Land Use, LN:"l.o + Mapv'" Public Hearing, LN-13v'" Public Hearing, LN-9~ Negative De~laration, ND-21~ Notice of Preparation, NP-7~ Prior Compliance / Negative Declaration, ND-22~ Publ ic Hearing LN.-17 + Map""'" Public Heasing LN-2.o + Ma~ Public Hearing LN-14 + Ma~ Public Hea~ing ~-l5 + Map..!' Pa.bl.ic Rearinq {Re"areh/Analysis G~qp Negative Declaration, ND-23/ Negative Declaration, ND-.24....,.c" Negative Declaration; ND-~5v1 Public Hearing, LN-18 + Mapv' Public Hearing, LN-19 + Mapv' Public Hearing, LN-16 + Map~ Public Rearinq', B-24 +:'.P Prior Compliance, PC-,./ Negative Declaration, ND-26vf 1.0 11 11 l.o~ 9~ 4 4- 4 4 1.0 l.o~ . l.o~ 10 3Jt 4~ 4.75' 4 9~ 11 l~ 3.75 4~ 3.50. "" "If nn I, " "" "" .11 " II II· 1111 •• 1111 II II' 1111 II Ii 1111 "" Ii" 1111 TOTAL '[>. O'U'E $35 • .0.0 38.5.0 38.50 36.75 33.25 14 • .0.0 14.0.0 14 • .0.0 14~.o.o 35, • .0.0 36.75 36.75 35 • .0.0 lI.3~ 14.88 16.63 14 • .0.0 33.25 38.5.0 4.0.25 -'-·~:ft· 13.13 14.88 Cont. TERMS: NET. NO DISCOUNT. All charges incurred by the Advertiser· or his agent shall be Paid within 10 days from invoice date .. A disputldinvoiee amount must be reported in writing within 10 days of original billing date. Aftin 10 days aillOvoices will'be COnsidered correct ahd payable in lull. Any balance due.over 3O'days will be charged 1 % per month service charge.· This IS an annual percentage rate of 12%. however the amount charged shall not exceed the maximum. legal inter~trate. COAST DISPATCH. DEl:. MAR SURFCOMBER • RANCHO SANTA FETIMES.CARLSBAD JOURNAL. CAROUSEL ... n ...... o ~I ... \I ... , AII'l <;TATION JET JOURNAL. NORTH. ISLAND NAVAL AIR.STATION·NORTH iSLANDER , -.. ~-:: •. _---_·;-.. _u '--.--,----- ,: .. :::" " ", STAPLE • t')ci 00: .... w .~ Wu. \ . !::« :::JI-A '-OWZ « Ii C7j B 00 0 C O:·O.J: .D wUU ~ii:Z -0« E AMMONIA MYLAR: 0:_0: u. a.. . oco W F CROLUX C\I co ttl cocco ttl"'''' XX XEROX • ~ 1\ •. :.-• ' ',. ,:: ~ ::" -',. " .f , (R) REGULAR (E) ERASABLE BROWNLINE BLACKLINE ',."-;-. ;, " -,[, "e :.;, '.,':' -, " .~ '~ ·~1 .:: .. ~;::; ;:;\ ~.:;::f·L·'·~!W;,:;·:~;,?;~~~~{'~~!~<F~~&;~~i~}~~;·<~:.l· ";, . INVOICE ., I~' ". f. i~ N2 0534 CUSTOMER NO. . ....... ! r-:, .. , ,'0. ";"'-,:., . . ;~: .. . -:' ~~: . ;"'; , . . --.J--... -;----...;-__ ' _:_-:----._. _,_. -~-.~_~_:-:---__ . .,--.. =---:.~-7;:'~'-:~::"':--::--';:'-'):'~=-':;t~~~~" .:: .• ;~ . ~ .. ' . :.' '. . ~. .. .. A . RICK 5620 FR,IARS ROAD .' SAN DIEGO, CALIFORNIA. 92110-2696 ...... : " ',. !E.LEP~E,CE'l'V.E.IY . 291-0707 ... ". . '. R9~.<· .n· . . , . . .' ____ 12.. __ ... ________ _ .' ' .. ,' '. ~ . ... .. '. ' .. ,. 'OCT 2 8,·1984. '. : -: .... :...;.-.--':-. ":. '.~... ...... ;",.;.. . . . " ... ",. )' '. .. ", . . .. . .. I '. , ..... ~ .. .: .. "~"~'.: ">:.:':. .. :t cw ....... ....... ~~j ,~, '~' H :r:: r~ tJ ... : f .... ~, .! "I ::I:: ::I::: :I::t :::: . ...... .. .... - .. ~I /, ! :z::. = t: :z:: :t:: t.:) !.:n =:; :a:: :z::. :r:t :r:; !Ill :0: ··:t ... -1 t" .... ....... C) ·.t .. :..: ....... ;t ~- Q ....... .... .... ... , .... 01 .. 01 .. "' ...... "" ..... 0{ ;;: ... _ .or ... ;;~ "'''_ = .... !" .; ~1 ... .. ~ : ...... Z ., . ...... ft': G '1": o ..,-:-. . -~ t = .. ~' ':-1 ( " " :: (f.'1 iq ~ , " :: .i .~, .,....j :: u :t ~~ It ':' .. 1" . .;t i):r . !):j "--, ....... ;a'::, O1!S :r t: _:z; (':; o ii, :.::: :2::; =::: 'J-' ..... -O . i-CC n.i !.n o ... :t l-~S' :I:: :t:: ;:.:: :t:; C-i C; o ~)-" . !~ 111 2:;: ;JUt 2:: =:: :t:: 2n, :t::. It:; ·.:t C~ ' .. -. -::! .::t. t-, , I '-' :- ,'I' :C:t. 1t'1a ':r = :r u :r =. ~ It t· -.-~--'-'-T "-.----.--'_._" -----------.-' --'"-.'-.... - i 0---, ( "- .. , ' .• :j . :.. .. ~f "'j , . ::; .... =~~:; i'·, :';.' ':.::~.: .. :' ·:f , I ., . . . North·' Coast Pu·blis·h'ers·/ In:c~: . P.O. BOX 878 ·687 FIRST STREET· ENCINITAS; CALIFORNIA 92024-0878 6.19-753.-6543 ·'619-452-1281 . CITY OF CARLSBAD CD/Sept. Research Analys'!s Gr9up p .• o. II B.12294 PLEASE DETACH THE TOP PORTION· AND R~URN WITH' YOUR REMITTANCE . . ~~~~~~~~~~~~ . , '. NORTH COAST PUBLISHERS, INC~ -P.O.BOX 878 -ENCINITAS. CO 1I202~0878 ~.:,:--;/ ... >~~- 9/08 .' i , . .... : . . , j , I .. ,.>;;i?:j .1 :_. I LEqAL ADVERTISING-COAST DISPATCH Draft Batlqu1tos Lagoon . "".:tit .q •• 92 ; 1 I~. ~~~~~~~~~~~~. TgJ~L. [> TERMS; NET. NO DISCOUNT. All charges incurred by the Advertiser.or his agent shall be pa.id :.vitti in 10 days frani invoice date: A disputecl'lnvoice.amount musfll8 reported in writing within 10 days of original billing date. After 10 days aJl"invoices'wiIJ be considered correct aild payable i.n .full. Any IJalance due over 30 days·will be charged 1% per month service charge. This is an annual percentage' rate. of· 120/., however the amountcharged:sliall not exceed !he' maximum legannterest rate. COAST DISPATCH. DEL MARSURFCOMBER. RANCI:IOSANTA FE nMES·.·C.ARLSBAD JOURNAL .• CAROUSEl . MIRAMAR NAVAL AIR STATION JET JOURNAL • NORTH ISLAND NAVALAiR'STATION NORTH ISLANDER" . "'--------SAN DIEGO NAVAL STATION'SIGNAL BRIDGE. NAVAL REGIONAL MEDICAL CENTER DRYoOcK .:-....;,..-----/ WRITE IT~DON'T SAY IT INTER-DEPARTM,ENT MEMORANDUM TO·q~~ '--.. ( ( A.M-:-... DATE to r 19 \('4-P~~. ",,," PhA~ ~-tt4 aHa.~ ~ck F rfJ.lo C.kt.~ !::~~ i ~<;. ~~: ~ 5 -(p 01 -€> 0 -Q.-() -~%'O?:, ~ 5 (;;-a ( -,,-I 0 -cJ~ ~o ~ ~ ~S ~,~~~0J2~o '1,0, ~ ct{e-:tt9{-_c9-0·~-e-o. -~~d% ~. ,~~~ . REPLY ON THIS SHEET • FR~M ~~. I t<jAG, WILMER '"SERVICE" llJ"E .------~- STANDARD INTER DEPT. MEMO FORM 11-24~PD/ \~ .ADDRESS A/C. NO. 43217 .. " .:, CITY OF CARLSBAD 120(> ELM AVENUE • CARLSI3AD, CA~IFORNIA 92608 438·5551 DEseR I PT,ION TOTAL >, -; . AMOUNT '. ': --~ .. ' .. . ", ~ .. .' :~ ,- CITY OF CARLSBAD 1200'EU~1 AVENUE • CARLSBAD, CALIFORNIA 92008 438·5551 . -,;' ;1 , I'..i 1,/ 1 1 ",I.j1, >I \.'" 5~Qg MG; Q '\ j~;"'t. .. V!.J ,It;I'' II '6 / /lA'oQg ;t:: RECEIVED FROM -t ~rc( C '\ • ~ , [lr ;A\"!~&TE '( ~ $F1ti - : -, r . I , , ADDRESS A/C. NO. DESCRIPTION AMOUNT -- ~O\-FF'C3 X.e 'f D" 5" -- --'. ',,( ; , . ~,~' ; , ,- , , 4321 7 --TOTAL :0 --,- -'~' .. , , , ---, ' .1_" , CITY OF CARLSBAD -- 1'200 ELM AVENUE • CARl~B~PiPAL!.LF..e.RNIA9200S., Hl~QO t18 ~ 438~~?JJ4~i.,1 i ~ll.lll iJij tg~tlg if!.!- ADDRESS A/c. NO. DESCRIPTION AMOUNT , :-O'\-..8hD~ --S--. I------ \ i 43216 TOT,AL /0 - .' _ ~\ ~. , ~ ':, •.. ", ".0:'; _ .:: ' ,_, -,~, • . :" ,I , CITY OF CARLSBAD >1200 ELM AVENUE • CARL§R\~PJ g~L.lfO~NIA 92008 10W9 .... ' " " ~h;>· 438-5551 ' ,,1,.' .. I~ ... t..1 ft./!"II fjij 19~9Q R'·, ,. RECEIVED FRO~\)TF (:., )6(1f) EEfi(t!\& \ D ('\81-, -- ADDRESS .' ~ A/C. NO. DESCRIPTION AMOUNT -. .. O\-p,~C-..l~ V. p -r t"}....t 5 I-.. .. " . O~t(-I L''-Ve ":::""..\-L"L o.,~ , ~ --< :l..r"l .. <.) .. . ' ., .. ~ .. " .'., , " . ., - .. .~ 4321 6 TOTAL /0 -, .. .. '~ -. .. .. ... -. '" -",,:: CHARGE TO: ,INVOICE 'CUsTOMER NO. DEUVERY e e, STAPLE SUBTOTAL e (") c:i TAX c:2 ,/3 oOC ~--~-----=~~=F==================9=====================~======~======~~=== W ~ ~ TOTAL 37'?S-!::<t: :::>1--A O(/)Z <t: "<t: B O~(/) C OCO O (/) 0 ~ D SEPIA TRANSPARENCIES: (R) REGULAR ~ a:: z (E) ERASABLE CC Q ~ E AMMONIA MYLAR: BROWNLINE ' u. a. ' BLACKLINE oco(/) NCOIl) <00<0 Il)(")(") F CROLUX XX XEROX ~,~ ~ -. '. --'~' : D :.:~ ::r~~ .... 7'.," ., , " . ; "'~", w- .·ElR LOG SHEET' . " . 1 NO o' OWNER/DEVELOPER ----------------~~~~~~--~----------------- TITLE: CONSULTANT: PROJECT RECEIVED: ~-. --------~------~-- 11) Request for Authorization . 13) ~ Prepare RFP PROJ·ECTS: C<;>mpleted ·/Received . I ~ Consultant appro\,ed b oQ1l' C ,>i(!A~ " r fV'Q.}N.;:::)--r ~. ; 18} lk-\ 1 1 IJ} J 110 ) . 111) Staff comments serit I . :' n Draft returned 50 copies ~-='~'"f5 I ~------~--~----------~----~-=~--~~~--------~--~~--~~---- \'13) N9tice of Completion Post Pub. 114)· Dr.aft out for Review· :D-ti~~?rfr? 1~1~5~) __ D~r~a~f~t~t~O~L~i~b~'r~a=r~y~ ______ -+ ____ ~~~~ ____________ ~ ____ ~~ _______ I. 1~1~6~) __ D~r~a~f~t __ t_·o __ ~_e_v_e~1~o~p~e~r~. ____ -+ __ ~ __ ~ ______________________ ~---------I 117) End Review period ~( 1.18) Comments sent to Consultants 119) Response to Comments 120) End Final Staff review ,121) Notice PC ijear"ing 122~)~S~t~af~·f~R~e.~po~r~t~t~o_~~=-=w~1~B~\~~~ ____ ~ ____ ~ ____________ ~ ________ 'I 123). PC. meeting 124) Agenda Bill' 1 . 125) Council Meeting t 126) Notice of Deter:mination I·' --~-----~~~~~--------~------------------~--~~------- 'Co~ments: / S~ 4ftM- .~~~ ~ ~t* ~ \-s~ \.d)c~uy\ ~tf . ~.-b a9jJ~~.L) 0Jlitf!W)J'-Q.\J~-C ~if ~----------~--~~~----- c £\iL ~~ ,\,0>:J(:k V\!lNY'G»~~M) \0 -\v .~~Se..