HomeMy WebLinkAboutCalifornia Coastal Conservancy, State Of; 1986-08-19; 86-009-86-045-AVi :ITE IT - DON’T SAY b _ !
Date %I16 19 88
To
From
File
Karen
0 Reply Wanted
ONo Reply Necessary
Re: Amendments to Coastal Conservancy Agreement
The City Council, on Aug. 9, 1988 approved the 3rd Amendment
to the agreement by Res. No. 88-279. In checking our files
the last Amendment which we have is No. 1.
If there is an Amendment No. 2, we never were given a copy.
K.
AIGNER FORM NO. 55432 PRINTED IN us*
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1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
TELEPHONE
(619) 434-2808
August 16, 1988
California Coastal Conservancy
1130 Broadway, Suite 1100
Oakland, CA 94612
Re: Amendment No. 3 to Contract No. 86-009-86-045-A
Beach Access Stairway at Ocean Street
The Carlsbad City Council, at its meeting of August 9, 1988,
adopted Resolution No. 88-279, approving Amendment No. 3
to the above-referenced agreement.
Enclosed per instructions from our Municipal Projects Manager
are five copies of the Amendment with original signature by
the Mayor on behalf of the City of Carlsbad. As soon as the
documents have been signed by a representative of the Coastal
Conservancy, we would appreciate having a fully signed
document returned to this office.
Also enclosed for your records is a copy of Resolution No. 88-279
which approved the Amendment.
Encs.
FTANIhRD AGREEMENT --@E::g: :&i&&L 0 CONTRACTOR , 0 STATE AGENCY
+TA‘I E ‘OF CALIFORNIA
.wJp WE”. WBS, 0 DEPT. OF GEN. SER.
0 CONTROLLER illIS AGHEEhlENT. made and entered into this 3 date of June, 19 m, 0
in the State of (California. b!. and between State of California, through its duly elected or appointed, cl
qt~nlified and ading 17
TITLE OF OFFICER ACTING FOR STATE AGENCY hrreafiar co//cd the Slolc. and CONTRACT NUMBER AM NO
Executive Officer
City of Carlsbad
State CuPrvuy - -- - ?
herroffer cokd the Cqtfrarlor. CONTRACTOR’S I.D. NUMBER
\VITh'ESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State
hereinafter expressed, does hereb!, agree to furnish to the State services and materials, as follows:
(Sri for//t srwicr IO lx rrttclrrcd by Confrortor. on~ount io br paid Conirorfor. time for prrforntancr 0, cotnplriion. ond attach plans and sprrificolions. if my )
The State Coastal Conservancy (hereafter called "Conservancy") and the City of
Carlsbad (hereafter called "Grantee") agree to amend their existing Agreement No.
86-009-86-045-A as follows:
SCOPE OF AGREEMENT
Lines three and four of paragraph one of this section shall be deleted and replaced with the following:
n . . . of Carlsbad (hereafter the "Grantee") a sum not to exceed two hundred
eighty six thousand and fifty dollars ($286,050) as..."
(Continued on the following page)
CONTINUED ON -SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUABER.
The pro\,isions on the re\‘erse side hereof constitute a part of this agreement.
I”\’ \\‘lTNESS \I’IlEl\EOF, this agreement has been execured b!, the parties hereto, upon the dute first above \vritten.
AMOUNT ENCUMBERED
$ 286,050
PROGRAM/CATEGORY (CODE AND TITLE)
Capitol Outlay
FUND TITLE
1984 SCC Fund
UNENCUMBERED BALANCE
s
IOPTIONAL USE1 Carlsbad Seawall Accessways
AOJ. INCREASING ENCUMBRANCE lTEM CHAPTER STATUTE FISCAL YEA8
s 26,005 3760-301-730 (3) 135 1987 87/8B
ADJ. DECREASING ENCUMBRANCE OBJECT OF EXPENDITURE 6201~ AND TITLE)
% Access
I Itrrch~ wrf if!/ upon ttty own )wrsottol knou*lcdgc, that Inrdgrfr*d /trnda arc T.B.A. NO. B.R. NO.
ouuilob/r for t/w pmiod and pu~~to.w oj fhr rqwttdiforr stotrd oltuacc~.
SIGNATURE OF ACCOUNTING OFFICER DATE
X
I hcrrby cw/i/y f/tot a// cottdifions for rxrntpfion WI forth in Sfotr .4dntinisfroffw M~ttuol Srctiott 12~ /tow
butt rotttltlird trifh and this docuntmt i.s rrrntpt /ronI woirw by thr Dcporftttcnf o/ Finottw.
SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY DATE
x
Department of General Services
Use Only
I certify that this grant
amendment is exempt from Department of General Services approval.
260045 =3760-301-730 (3) (86)
26005 =3760-301-730(3) (87)
, . . . . .
City of Carlsbad Contract No. 86-009-86-045-A Amend. 3 Page two
COST AND DISBURSEMENT
The last two lines of paragraph one of this section are deleted and replaced by the following:
. ..total amount not to exceed two hundred eighty six thousand and fifty
dollars ($286,050)."
TERM OF AGREEMENT
Paragraphs two and three of this section are deleted and replaced with the following:
"The term Agreement "Terminat herein.
of this Agreement shall run from the effective date of this
as described herein and shall continue through October 1, 2008 (the
ion Date") unless otherwise terminated or amended as provided
The Grant ee agrees to complete construction of the Project by October 1, 1988
(the "Completion Date")."
All other terms and conditions of the original Agreement and its amendments shall remain in effect.
5/5/87
To: File
This is a copy of the Amendment No. 1 to the Agmt
between the City and the State Coastal Conservancy
re the Carlsbad Blvd. Seawall. The original
amendment was signed by Mr. Cahill, we were not
furnished the orginal, and therefore, cannot include
it in our file.
K.
AGREEMENT cm APPRoVED By THE AmORNEY GENERAL EXHIBIT-
STATE OF CALIFORNIA
!STD 2 IRE” 2,851
r$ CONTRACTOR
0 STATE AGENCY
0 DEPT OF GEN SER ‘I- 3 CONTROLLER
‘TtiIS :\(;IIEE\lEST. ma&- and entewd into this 19th datr of March , 108L. 0
ilt ttI(s St;ltt* of (Llif~,rrlia. t>! arrd between State of California, through its dut!. elertt4 or Ltppointecl, 3
t1113lili(4 and acling q
TlTLE OF OFFICER ACTING FOR STATE AGENCY /WtWjff’f Cdk’d f/W StUtf. UtU, CONTRACT NUMBER AM ND
Executive Officer State Coastal Conservancv hmajrcr odd f/w C:r~cfra~r~~ CONmACTOR’S I.D. NUMBER -
City of Carlsbad
\\‘l’f\ESSWH That thr Contractor for and in consideration of the covenants. conditions, agreements. and stipulutions of the Statth
ht~rc~itl.ll tt,r c~\1wswd. does heret)> agree to furnish to the State services and materials, as follows:
(.Sc,l jd8 wrc~u’ fo IN, rrnd~wd IJII C:ontroc.~or. ani011nf lo 1~ paid Contractor. finw for pcrfornwncr or conc~~lc~lwn. ad afrnc4 pln~n and \pcc~j~cattotl\. If any J
The State Coastal Conservancy (hereafter called "Conservancy") and the City of Carlsbad (hereafter called "Grantee") agree to amend their existing
Agreement No. 86-009-86-045-A as follows:
The Conservancy hereby augments the grant amount by sixty-seven thousand
four hundred eighty-five dollars ($67,485) for a new total grant amount of
two hundred sixty thousand forty-five dollars ($260,045) as follows:
.
(continued next page)
CONTINUED ON - SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
Tilts pro\ iw)lls 011 tlw reverse side hereof constitute a part of this agreement.
I\ \!‘IT\ESS \\‘HEIIEOF. this agrrrmrnt has ken executed I,\, the parties hereto, upon the datr first uiw\~ writtrn
Y &Id cm,LL Municipal Projects Manager TITLE ADDRESS
Executive.Officer 11200 Elm Ave., Carlsbad, CA 92008
AMOUNT ENCUMBERED FROGRAM,CATEGOR” CODE AND TITLE, t FUND TITLE II Department of General Services
OBJECT OF EXPENDITURE (CODE AND TITLE,
Access
I Iwdy 1’471 tjtf rrpra n,!g on n ~wr.w~al krrou Irtlgr that Imclg~~~cvl jtrnds art T.B.A. NO. B.R. NO.
~t~afltll~l(~ jc~r //ft. ~wr~orl and prrrj~04 of /hr fx~~cwtlifrrrc~ slalcd alxxx~.
SIGNATURE OF ACCOUNTING OFFlCER - ) DATE
Citv of Carlsbad
Grant No. 86-009-86-045-A, Amendment 1
Page Two
SCOPE OF AGREEMENT
This section is amended to read as follows:
"Pursuant to Section 31400 et se Ii-9 . of the Public Resources Code, the State Coastal Conservancy ( ere nafter the "Conservancy") hereby grants to the City of Carlsbad (hereinafter the "Grantee") a sum not to exceed two hundred sixty thousand forty-five dollars ($260,045) as described herein and in the Conservancy Staff Recommendations of August 22, 1986, and February 20, 1987, which are attached hereto as Exhibits A and E (respectively) and are incorporated herein by this reference. The Grantee shall construct the Project in accordance with this Agreement and the Work Program to be approved by the Executive Officer of the Conservancy (hereinafter the "Executive Officer") pursuant to this Agreement. Consistent with the List of Assurances (Exhibit B hereto), the Grantee shall provide any funds beyond those granted herein which are needed to complete the Project."
A new paragraph is added:
"Prior to commencement of any construction under, or the disbursement of any funds under Amendment 1 to this Agreement, the Grantee shall submit to the Executive Officer for review and written approval as to its consistency with the terms of this Agreement, a revised Work Program." L
COSTS AND DISBURSEMENTS
The last two lines of paragraph one of this section are deleted and replaced by the following:
total amount not to exceed two hundred sixty thousand forty-five kiars ($260,045)."
City of Carlsbad
Grant No. 86-009-86-045-A, Amendment 1
Page Three
RESOLUTION
A new paragraph is added to this section:
"The signature of the Executive Officer on page one of this Amendment
No. 1 to this Agreement certifies that at its February 20, 1987
meeting, the Conservancy approved an augmentation to this grant for a
total grant amount of two hundred sixty thousand forty-five dollars
($260,045) for the development of the project as described in this
Agreement."
All other terms and conditions of the original Agreement shall remain in
effect.
STATE COASTAL CONSERVANCY
STAFF RECOMMENDATION
February 20, 1987
CDNSEKF ITEMS
File Nos. 86-045, 78-46, 77-25, 81-11
STAFF RECOMMENDATION: Staff recommends that the State Coastal Conservancy adopt the following resolution, pursuant to Sections 31107, 31200 et se the Public ii 31350-31354, 31400 et ~eq., and 31400.3 of
;;ources Code:
"The State Coastal Conservancy hereby:
a. Authorizes a grant of sixty-seven thousand four hundred and eighty-five dollars ($67,485) to the
City of Carlsbad to construct a total of seven
seawall to beach access stairways and to construct a stairway at Sycamore Avenue from the bluff to the beach, as described in the accompanying Project Synopsis a.;
b. Appoints Frances Armstrong to the Board of Directors of the Los Penasquitos Lagoon Foundation for a two-year term effective immediately and extends the terms of Los Penasquitos Lagoon Foundation Board members Jesse LaGrange and Robert
Conway for another two years, effective
imnediately;
c. Authorizes the amendment of the terms of the Conservancy's March 11, 1982 grant to the City of Seal Beach by deleting the requiremeAt that grant funds be fully repaid; and
d. Authorizes the sale of the site-reserved parcel known as the "Nexus Property" and more particularly described as San Diego County APN 260-030-30 for an amount not less than $225,150 and authorizes staff to request that the Director of General Services transfer the property upon payment of the purchase price, in cash, subject to such additional terms and conditions as the Executive Officer of the Conservancy shall approve."
Staff further recommends that the Conservancy adopt the following findings based on the accompanying Project Synopses and attached Exhlbits:
"The State Coastal Conservancy hereby finds that:
I1
a. The Carlsbad Seawall Accessway projects:
1. are consistent with the purposes and criteria of Section 31400.1 of the Public Resources Code regarding grants for coastal accessways; and
2. will sewe greater than local public need;
b. The appointment of Directors of the Los Penasquitos Lagoon Foundation is consistent with the purposes and objectives of Section 31400.3 of the Public Resources Code;
c. Since the City of Seal Beach, due to circumstances beyond its control, will be unable to develop the DWP site for recreational and visitor-serving
comnercial uses and therefore lacks the resources
to repay the Conservancy's 1982 grant, deletion of
the reimbursement requirement is justified; and
d. Sale of the Nexus Property is consistent with the
authority of the Conservancy under Sections 31107
and 31350931354 of the Public Resources Code and,
since the public auction bid opening for the Nexus
Property was unsuccessful, and subsequent ' ,
negotiations with interested parties have produced
an acceptable cash offer for the purchase of the
property, deletion of the requirement for sale by public auction with a mininwrm bid is justified."
STAFF DISCUSSION: Each of these projects is discussed in the following
Project Synopses (a., b., c., and d.). t
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STATE COASTAL CONSERVANCY
Project Synopsis a.
February 20, 1987
CARLSBAD SEAWALL ACCESSWAYS
File No. 86-045 Project Manager: Gail Rosen
REQUESTED ACTION: Authoritation to augment the Consewancy's existing grant to the City of Carlsbad by $67,485 to provide funding for the City to construct a total of seven seawall to beach access stairways and to construct a stairway at Sycamore Avenue from the bluff to the beach.
SHORT DESCRIPTION: In August 1986, the Conservancy awarded a grant of $166,515 to the City of Carlsbad for access improvements at Carlsbad State Beach as part of the City's seawall project (Exhibit 1). The City has requested that the :*jnsewancy reconsider funding all seven instead of only three seawall to beach access stairways. Also, the bid to constru:.:', the project was higher than projected. Approval of the augmentation would allow construction of seven new seawall to beach stairways and construction of a new bluff to beach stairway at Sycamore Avenue.
LOCATION: City of Carlsbad, San Diego County, South Coast District
PROGRAM CATEGORY: Coastal Access
PROJECT COST: $166,515 Original Grant Amount
67,485 Augmentation Request
234,000 Total Grant Amount'
STAFF DISCUSSION: In August 1986, the Conservancy awarded a grant of
$166,515 to the City of Carlsbad for access improvements at Carlsbad State Beach as part of the City's seawall project (Exhibit 1). The actual costs for the project,
based on the bid, are much higher than was anticipated because of the complexity of the project, including specialized equipment required and the difficulty of
construction in an oceanfront environment. Because of the increased costs, the City has requested that the Conservancy reconsider funding all seven instead of only three seawall-to-beach access stairways as authorized previously by the Conservancy.
The City has now committed funds of their own for a
lateral access path behind the seawall. With the
additional cormnitment on the part of the City, staff
considered recommending additional Conservancy funding for
the seawall staimays. The seven stairways are the City's first priority because they have to be constructed at the same time as the seawall itself. They will provide access from a lateral path behind the seawall to the beach below (see Project Description, Exhibit 1).
The City's second priority is to construct a new bluff-to- beach stairway at Sycamore Avenue. This was already
authorized by the Conservancy.
The necessity for the previously-authorized bluff-top parking lot has diminished. The City will be providing 400 parking spaces immediately south of the project area this fall, to serve the beach south of Agua Hedionda Lagoon. The City has decided not to provide additional blufftop parking for 13 vehicles because providing parking on the edge of the bluff is not cost-effective. The
' $52,075 previously authorized by the Conservancy for
bluff-top parking would be shifted to fund the Sycamore
stairway, which will cost more than double the original
estimate. The $15,000 previously authorized for design
and engineering also would be shifted to pay for stairway construction.
PROJECT FINANCING: As discussed above, the bid to construct the project was higher than projected. This factor, coupled with the additional funding of four seawall-to-beach stairways, ' accounts for the augmentation request.
With approval of the augmentation, the Conservancy would provide funds for the following project components:
New Stairway at Sycamore 7 New Beach-Seawall Stairways J yg s
$ 234,000
Amount previously authorized $ 166,515
Augmtation request % 67,W
,
. REQUESTED ACTION:
:
SHORT DESCRIPTION:
LOCATION:
PROGRAM CATEGORY:
PROJECT COST:
STATE CDASTAL COWSERVANCY
Project Synopsis c.
August 22, 1986
CARLSBAD SEAUALL ACCESSUAYS AND OCEAN STREEl ACCESSWAY
Project Manager: 6ail Odom Rosen
File No. 86-045
Authorization to disburse up to $192,560 to the City of Carlsbad for development of access improvements in conjunction with a new seawall at Carlsbad State Beach and at Ocean Street.
Provision of access improvements at Carlsbad State Beach: (1) development of new access stairway on Carlsbad Blvd. at approximately Chestnut Ave.; (2) development of two stairways from the beach to top of seawall.; (3) development of a thirteen vehicle parking lot on * Carlsbad Blvd. at Cherry Ave.; (4) Rehabilitation of an accessway at 2701 Ocean St; (5) acceptance by the City of Carlsbad of three offers to dedicate lateral beach access and one offer to dedicate vertical beach access from the Coastal Camnission's Access Inventory.
City of Carlsbad, San Diego County, South Coast District (Exhibits 1 and 2) ,
Coastal Access
Carlsbad State Beach Access Improvements: $166,515
Ocean St. Accessway: . 26,045
TOTAL CONSERVANCY PROJECT COST: $192,560
STAFF DISCUSSION: Summary - Approval of the nquested $192,560 in funding would allow the City of Carlsbad to construct several access projects at Carlsad State Beach in conjunction with pro osed
Seawall improvements (not funded by this grant P designed
to protect Carlsbad Blvd. specific projects at Carlsbad State Beach to be funded by the Conservancy include: (1) development of a 'new access stairway on Carlsbad Blvd. at approximately Chestnut Ave.; (2) development of two
stairways from the beach to top of seawall.; (3)
development of a thirteen vehicle parking lot on Carlsbad
Blvd. at Cherry Ave. A second project involves the donation of an access easement at 2701 Ocean Street
currently held by the Conservancy to the Cl ty of Carlsbad,
and rehabilitation of that accessway to insure continued
public access to Carlsbad City Beach. A Conservancy grant of $26,045 would fund the rehabilitation. As a condition
of accepting grants for the above projects, the City of
Carlsbad has agreed to accept three lateral offers to dedicate beach access from the Coastal Conznission's Access Inventory.
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. Site Description - Carlsbad State Beach is west of Carlsbad Blvd. between
Pine Ave. and San Diego 6as and Electric Company's Encina Power Plant, in the City of Carlsbad, about 26 miles north of the City of San Diego (Exhibit 2.) The park unit has approximately 7,150 feet of ocean frontage. Existing facilities include three parking lots accolrmodating 270
vehicles and one restroom. The beach unit consists of a narrow strip of cliff-top terrace, an eroded ocean-facing cliff, and sand and cobble beaches. The maximum elevation of the terrace is 40 feet. Littoral sand movement constantly alters the width, elevation and configuration, of the beach. At times there Is no sand, only cobbles. Beach sand has been rceplenished in the past through periodic dredging of the Agua Hedionda Lagoon which is at the southern edge of the unit boundary. Principal recreation activities Include surfing, sunbathing, fishing and swinnning.
The Ocean Ave. accessway 1s located five blocks to the north of Carlsbad State Beach, at Beech Ave (Exhibit 2.) The existing accessway is located at 2701 Oc'ean Street on the southernmost five-feet of the lot. The twenty-feet to the north of the access easement 1s a scenic view corridor which was required by an earlier development permit to be maintained by the landowner. The access easement,
currently held by the Conservancy provides vertical access
to the beach, but has not been open to the public because
of the deteriorated condition and an existing stairway.
Project Description - The City of Carlsbad is proposing a Carlsbad Blvd. Bluff Stabilization Project at Carlsbad State Beach for the
primary purpose of preventing the undermining of Carlsbad Blvd., a si (Exhibit 7. 3
nificant coastal access route through the city The western edge of Carlsbad Blvd., between Cherry Ave. and Pine Ave., is located within several feet of the top of the coastal bluff. During severe storm conditions, the roadway and utilities along this stretch of the roadway are in danger of being lost. The public parking area at the top of the bluff near Pine Ave. and
the access road to a second parking area (the Tamarack
lot) also require storm protection.
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The City is sponsoring this project because the City street and utilities are threatened, even though the proposed project would be located on State Park property. The State Parks' General Plan for Carlsbad State Beach,
prepared in July, 1983, recognizes that some sort of beach
protection device and beach replenishment is needed to help protect beach facilities and Carlsbad Blvd.
Carlsbad has studied several types of shoreline protection
devices which could protect the roadway while minimizing
encroachment on the beach. The City may select one or a
combination of the following methods of bluff protection:
no project, rock revetment, fabrifonn and/or
concrete-filled bags, concrete wall with rock fill, reinforced earth wall with toe stone, and reinforced concrete vertical seawall with and without toe stone. The
exact design of the structure will not be determined until
final engineering studies are complete. Design
assumptions used for comparative purposes in the EIR are
that the selected bluff protection device would: 1) be
constructed at a slope of approximately 1 l/2 to 2 : 1;
use deep foundations rather than toe stone where feasible;
be designed to provide an adequate level of protection; 4) i
have a fifty-year design life; and 5) require minimal
excavations into the bluff (Exhibit 3).
The City's proposed design for shoreline protection, as a
result of environmental and preliminary design studies, is for approximately 3,200 lineal feet of vertical seawall; an engineered rock rip-rap 'seawall" in front of the existing, elevated sand pad at the base of the northern
access ramp; and as additional project components, engineered rock rip-rap replacement of the existing rock protection for the Tamarack Av. parking lot and an engineered rock rip-rap 'seawall" along the base of the bluff, below the Ocean St. parking lot. This project is not part of the City's funding request to the Conservancy.
Regardless of the method of shoreline protection selected
for implementation by the City, Carlsbad has requested that the Conservancy fund several access improvements which will retain and enhance public access in the shoreline project area (Exhibit 7.) The City proposes an additional 13 parallel parking spaces at the top of the bluff north of an existing parking area for 40 vehicles and near a landscaped day use area. An existing stairway, the Cherry Ave. stairs, would connect to this expanded parking area. California Boating funds will integrate the stairs into the proposed seawall by providing a landing at the seawall and providing access through the seawall to the beach below. The general plan does not recommend
!7
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further access improvements until the issue of beach
protection and beach repleminishment is addressed. The City is sponsoring the seawall project and wishes to incorporate desirable access improvements into the Seawall constructions. The third proposed access project is a second, new stairway near Chestnut Ave. approximately one thousand feet to the north. This stairway would provide access from Carlsbad Blvd. down the bluff, to a landing, through the seawall, and to the beach below. The new stairways will be reinforced concrete. Two additional stairways from the beach to the top of the seawall will be provided with Conservancy funding. These stairways will
allow emergency pedestrian egress from the beach in case
of wave run-up.
The Ocean/Beech Street accessway is an existing
deteriorated accessway located on an easement currently
held by the Coastal Conservancy. The Consewancy accepted the easement pursuant to a December 9, 1982 authorization of the Conservancy Board. It was hoped at that time that a nonprofit organization would be able to accept the easement from the Consewancy, and then improve, open, and nanage the accessway. Bespite efforts of staff, no nonprofit in the Carlsbad area was interested in such a
proposal, and the accessway has remained a problem for the
Conservancy, the City of Carlsbad, and area residents who c want to see this historic access preserved (Exhibit 4).
The Conservancy originally accepted the easement in partial settlement of a permit violation action brought by the Attorney General, when the City of Carlsbad could not be persuaded to do so. Local sentiments have changed and the City has passed a resolution in support of accepting
the easement if the Conservancy will grant development
funds to repair the accessway (Exhibit 5). The City it proposing to design and construct a four-foot wide concrete stairway with galvanized hand rails (Exhibit 8).
Project Financing - The Conservancy would provide funds for the following
project components:
Parking for 13 vehicles
New Stairway from bluff to beach
2 New Beach Seawall-Staimays Design and Engineering
$52,075
$ 59,840 $ 39,600
Subtotal Seawall Access Projects hE% Ocean St. Accessway Renovation 26'045
Total Conservancy Project Cost *Tz,560
Schedule - Construction of the seawall 'access projects Is anticipated
between October, 1986 and May, 1987. The Ocean Street
accessway construction would be completed by the end of
October, 1987. *
TR
CONSISTENCY WITH
CONSERVANCY ACCESS PROGRAM CRITERIA: Hindu Critda
Sewes Greater Than Local Need -
The Carlsbad Seawall and Ocean St. access project sites are located within the City of Carlsbad, which has a
population of 49,900. The population of northern San Diego County and southern Orange County is approximately one million. The projects will provide new and enhanced access to Carlsbad State Beach and the beach just to the north. Carlsbad State Beach estimates 900,000 user days per year. The Ocean St. accessway attracts users from the inxnediate neighborhood and city, adjacent inland cities and visitors staying at motels in the vlcinlty of the site.
Local Coastal Program Consistency -
The project sites are within the Hello II segment of the Carlsbad Local Coastal Program Land Use Plan, certified by the Coastal Commission on June 3, 1981. The zoning plan for the Mel10 II area also has been certified. The City of Carlsbad has not yet approved the plan or the zoning; therefore, the Coastal Commission is still issuing permits for the coastal zone. The plan's shorellne access policies recormnend that a comprehensive access signing plan be developed for Carlsbad and that the City cooperate with the State to Insure that lateral beach access is
protected and enhanced. The access slgnlng plan and
acceptance of offers to dedicate as required by this
recomnendatlon will further these plan policies (policies
7-2 and 7-3, respectively). Improvement of the Ocean Street accessway is consistent with policy 7-15 which
states that the Ocean Street offer to dedicate should
provide public access.
Consistency with Conservancy Access Standards -
The Carlsbad Seawall access projects are consistent with
Access Standards 1, 2, 7, and 12 (general standards
related to location and design of accessways, accessways located in areas of high erosion hazard, and specific standards for vertical accessways and support facilities.) The Ocean St. accessway project Is consistent with Access Standards 1, 3, 4 and 7 (related to location and design of accessways, accessways located on access easements near residences, and specific standards for vertical accessways.) (Exhibit 9)
unavailability of Fundinq from Another Source -
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The City of Carlsbad has appropriated $905,000 in City Revenue Sharing Funds as its required 25% local share for the seawall project, while the California Department of Boating and Waterways has available $2.915.000 (the 75%
maximum to be granted for the seawall). Preliminary
estimates show that the seawall will cost over $3.8 million. Cal Boating's policy is to only fund access projects where their shoreline protectlon projects interrupt existing access. They have agreed to integrate the existing Cherry Avenue Stairs Into the Seawall and
provide stairs to the beach below at a cost of
approximately $20,000. The Department of State Parks and
Recreation does not have any capital improvements planned for Carlsbad State Beach because they have been waiting for a solution to the beach replenishment and beach stabllization problem before committing to additional capital improvements projects. The Department is planning major Improvements to South Carlsbad State Beach, located to the south of Agua Hedionda Lagoon. Therefore, no local or other funds are available for the proposed access improvements related to the Carlsbad Seawall. The City does not have funds budgeted for fmprovements at the Ocean St. accessway, either; as he City has agreed to accept and manage this accessway, staff believe the comnittment of
minimal Conservancy funding needed to restore the ' accessway to usable condition is well justified.
The City has agreed to provide for the maintenance of all proposed facilities, except for the two bluff access stairways (at Cherry and Chestnut Ave.), which will be maintained by the State Department of Parks and
Recreation.
Increased Access -
At Carlsbad State Beach, the parking area for thirteen vehicles will provide much-needed additional parking. A new accessway to the north near Chestnut will provfde new vertical access at an approximate lOOO-foot Interval. The beach will retain an existlng access path at its north end near Pine Ave., approximately lOOO-feet north of the proposed stairway at Chestnut, while the southern access from the Tamarack parking lot will also be retained (approximate1 W-feet south of the Cherry Av. stairway. J The Ocean St. accessway has provided access in the past, but there has never been a management . entity able to maintain the property. The accessway has fallen into a state of dfsrepair and access Is now hazardous. Tmprovements will restore this accessway which has been used historically for beach access (Exhibit 8.)
California Consewation Corps -
The City will contact the Conservation Corps to determine if the Corps can provide some of the labor required for the projects and the amount of the Conservancy grant reduced accordingly.
Selectton Crlkria
Urqency-
Access to the beach at parts of Carlsbad State Beach occurs Informally, causing foot traffic erosion of the bluff. The project will reduce bluff erosion by pro:/iding a seawall with beach access stairways. The Ocean
St. stairway is only partially existing, with the lower
portion eroded by wave action, handrails absent, and
vegetation overhanging the accessway. The renovated stairway will help stabilize the bluff by reducing erosion. Furthermore, Conservancy staff have been
attempting to locate a management entity for the accessway
for four years - partially at the urging of concerned
local residents - and it is important to take advantage of
the fact that Carlsbad Is currently willing to accept the
easement from the Conservancy.
Cost Effectiveness -
The estimated average use at Carlsbad State Beach is 2,640
persons per day, based on 900,000 annual user days.
Increased public access may result from the proposed
increased parking and vertical access. The seawall will
have an estimated life span of 50 years, while the access facilfties are required to be maintained by the applicant
for twenty years. The project materials are not low cost,
but should be long-lasting (concrete stairs) with lower maintenance costs. Based on the high usage of the beach, the proposed project would be cost effective. An assumption of the Ocean St. accessway by thp City of Carlsbad will result In maintenance of the accessway, which will prevent further deterioration and thus be cost-effective.
Time of Completion -
Construction of the seawall access projects is anticipated between October, 1986 and May, 1987. The Ocean
St. accessway construction would be completed by the end of October 1987.
Comprehensive Proqrams -
The proposed projects comprehensively address the existing
access needs of the City of Carlsbad. The Ocean St. accessway will provide an additional access to the Carlsbad City Beach which encompasses the northern coast of Carlsbad. The Rajorlty of the remaining Carlsbad coast
Ill
is encompassed by Carlsbad and South Carlsbad State
' Beaches. The City's proposed projects at Carlsbad State ; beach will provide access improvements beyond those that would be provided by the State Department of Parks and ' Recreation.
In addition,four existing offers to dedicate public access in the City of Carlsbad, as listed in the Coastal Commission Access Inventory, have been identified and reviewed by the Conservancy and city staff (Exhibit .) Three of the offers would provide lateral access along the beach between the mean high tide and the toe of the bluff. One offer is located off Ocean Street at Carlsad's City beachland two are located off Tierra de1 Ore, south of Carlsbad State Beach. The forth offer Is the Ocean w St. accessway, which will provide vertical access when accepted by the city from the Conservancy. Comprehensive
access programs also require access signing. Both the
acceptance of the offers to dedicate and Implementation of
a signing program, in conjunction with the California = Conservation Corps, are required conditions of this grant.
'ISTENCY WITH CONSERVANCY ENABLING LEGISLATION: The Conservancy is authorised under Chapter 9 of the
Conservancy Act (Public Resources Code 31400 et s; award grants to public agencies for purposes o TTq ;la:
development of lands which are sultable for and which will ' ba used for public accessways to and along the coast. The .Consewancy may provide up to the total cost of the Initial development of accessways (Section 31400.2). The Consewancy oray also provide assistance to aid public agencies in establishing a system of public coastal accessways, and related functions (Section 31400.3).' The transfer of the Conservancy's lntenst In the Ocean Street accessway is authorlzed under Sectlon 31007 of the Public Resources Code. t
APPLICABLE COASTAL ACT POLICIES: Article 2, Chapter 3 of the Coastal Act (Public Resources Code Section 30000 et se d .) speaks specifically to public access. Sectfan 30 mandates that:
'In carrying out the requirement of Section 4 of
Article X of the California Constitution, maximum
access, which shall be conspicuously posted, and
recreational opportunltles shall be provided for all
the people consistent with the public safety needs
and the need to protect public rights, rights of private property owners and natural resource areas from over use."
In addition, Section 30121.5 provides that:
Whenever appropriate and feasible, public facilities;including parking areas or facilities,
=
. -
shall be distributed throughout an area SO as to
mitigate against the impacts social and otherwfse, of
overcrowding or overuse by the public of any single
area.n
CEQA COMPLIANCE: The City Council of Carlsbad certified the Environmental
Impact Report for the Carlsbad Boulevard Bluff Stabiliration Project (SCH # 84091201) on January 7, 1986 (Exhibit 3). The Clty Council found that the project would have one significant unmitigated impact related to the temporary loss of a portion of the beach as a recreation area during construction. The Conservancy staff has considered the environmental effects of the proposed access project at Carlsbad State Park as
described in the Final Environmental Impact Report and
concurs that the project will have significant effects on the envfronment related to several issues including bluff restabilization during construction and loss of beach use during construction.
Staff believe that this single, unavoidable impact Is
acceptable because the benefits of the project including
protection of the roadway and Increased vertical access,
outweigh this temporary, adverse effect, and reccxmnend
that the Conservancy so find. The following mltigation measures have been proposed to minimize the significance or potentially significant environmental effects of the proposed access projects:
Geolocty/Geotechnical Considerations
l Explore nethods of beach replenishment.
l Adhere to Uniform Building Code seismic design criteria.
+ Perform analysis of coastal bluff under s;ismic loading.
* Final geotechnical Investigation should address soil
liquefaction.
+ Locate adverse soil conditions prior to final project
design.
l Design special foundations where necessary.
* Perform engineering analysis of gross stability of coastal bluff.
l Hinlmize excavations Into bluff.
* Divert storm runoff away from bluff.
+ Landscape with native vegetation.
113
. .
=
. -
* Reduce pedestrian traffic on the bluff face.
Short-Term Construction-Related Effects
* Limit the construction period to spring and fall months
to avoid extreme tides and winter storms.
l Provide noise attenuation on all equipment.
l Provide dust control In construction area.
* Use the existing parking lot at the south end of the
project area for storage of construction vehicles and
materials.
These mitigation measures concept which would lessen to a
level of Insignificance the potentially significance
effects, except for the one Impact which cannot be mitigated to a level of insignificance, the temporary loss
of a portlon of the beach as a recreation area during constructfon.
11 a
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. .FIGURE
Regional Loc8tion of Projazt sit@
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-OCEAN/BEiCH STREET
Projet Site Location’rr D
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117
S’YAN&ARD AGREEMENT _- APPROVED BY THE
ATTORNEY GENERAL c] CONTRACTOR
0 STATE AGENCY STAT’ OF CALIFORNIA
STD. 2 (REV. 6/S 1) ,
THIS AGREEMENT, made and entered into this 19th dayofAUgust
in the State of California, by and between State of California, through its duly elected or appointed:
qualified and acting
TITLE OF OFFICER ACTING FOR STATE AGENCY
Executive Officer State Coastal Conservancy
0 DEPT. OF GEN. SER.
0 CONTROLLER
cl
NUMBER
86-009-86-045-A I I hereafter calied fhe Sate, and
City of Carlsbad
hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements,. and stipulations of the State
hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows:
(Set forth service to be rendered by Contractor, amount to be paid Contractor, time for performance M completion, and attach plans and specfftcations, if any.) x
SCOPE OF AGREEMENT
Pursuant to Section 31400 et seq. of the Public Resources Code, the State Coastal Conservancy (hereinafter the "Conservancy") hereby grants to the City of Carlsbad (hereinafter the 'Grantee") a sum not to exceed one hundred ninety- two thousand five hundred sixty dollars ($192,56G.O0), subject to the terms and conditions of this Agreement. These funds shall be used for public access improvements at Carlsbad State Beach and at the,Ocean Street Accessway (hereinafter the 'Project") as described herein and in the Conservancy Staff Recommendation of August 22, 1986, which is attached hereto as Exhibit A and incorporated herein by this reference. The Grantee shall construct the Project in accordance with this Agreement and the Work Program to be approved by the Executive Officer of the Conservancy (hereinafter the 'Executive Officer')
pursuant to this Agreement. Consistent with the List of Assurances (Exhibit B
hereto), the Grantee shall provide any funds beyond those granted herein which
are needed to complete the Project.
The provisions on the reverse side hereof constitute a part of this agreement. ( conti Rued on next Page)
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY I /, / CONTRACTOR (IF - THIN AN INDf-Al.. A PARY?JER8HIC
. ..m- y
Executive/Officer
ADDRESS
CONTINUED ON _ SHEETS. EACH BEARING NAME OF CONTRACTOR /z&l & 4bs Gf?A&Ye &* 92aae
11 AMOUNT ENCUMBERED PROGRAM/CATEGORY (CODE AND TlTLD i FUND TITLE Department of General Services
Use Only
I certify that this grant
agreement is exempt from
Department of General
Services approval.
I hereby certify upon my own permnal knowledge that budgeted funds are
City of Carlsbad Contract # 86-009-86-045-A
Page Two
Prior to commencement of construction, the Grantee shall submit to the
Executive Officer for review and written approval as to their consistency with
the terms of this Agreement, a detailed Work Program including (1) construction
plans and specifications which have been certified by a registered architect or
engineer, or approved by the Grantee's Public Works Director; (2) a schedule of completion for the Project specifically listing the completion date for each separable Project component; and (3) a detailed Project budget. Such Project budget shall describe all labor and materials costs to be incurred to complete the relevant component of the Project, and shall also contain a listing of all intended funding sources to complete the relevant component, including the Conservancy's grant and all other sources of monies, materials, or labor. The Grantee also shall review and explain the plans on site with staff of the Conservancy.
Where all or a portion of the construction to be funded under this Agreement
will be performed by third parties under contract with the Grantee, prior to
initiating any request for contractor bids, the Grantee shall submit for review
and written approval of the Executive Officer the bid package including
construction plans and specifications which have been certified or approved as
described above. Upon approval by the Executive Officer, the Grantee shall
proceed with the bidding process. The Grantee shall thereafter comply with the
above paragraph regarding submission and approval of a Work Program prior to
construction.
The Grantee shall develop the Project in accordance with the approved Work Program.
CALIFORMIA CONSERVATION CORPS
The Grantee agrees to utilize the labor of the California Conservation Corps
(hereinafter the "Corps") to the degree feasible to implement the Project.
Prior to entering into any contract for construction of any Project component for which reimbursement will be sought under this Agreement, the Grantee shall solicit the participation of the Corps in such construction and shall provide
written evidence of such solicitation to the Conservancy. The Grantee shall thereafter provide to the Conservancy either: (1) written evidence of a determination that no participation by the Corps is feasible; or (2) an agreement between the Grantee and the Corps which describes the planned involvement of the Corps in Project construction. Said agreement shall be based on the approved Work Program and shall describe the dollar value of the services provided. The amount of the grant authorized herein shall be reduced by the value of any Corps assistance.
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City of Carlsbad
Contract # 86-009-86-045-A
Page Three
BONDING
In the event that the Grantee intends to use any sub-contractor(s) other than
the Corps to complete the construction of any portion of the Project to be
funded under this Agreement, construction shall not commence until such
sub-contractor(s) has furnished a performance bond in favor of the Conservancy
and the Grantee, in the following amounts: for faithful performance, one
hundred percent
t
100%) of the contract value; and for labor and materials, one hundred percent 100%) of the contract value.
SI6NING
In addition to the other Project components described herein, the Grantee shall
erect signs visible from the nearest public roadway directing the public to the
Project. In addition, the Grantee shall put up plaques. acknowledging Conservancy assistance; such plaques shall be provided by the Conservancy to
the Grantee for this purpose. Plans describing the number, design, placement,
and wording of such signs and plaques shall be submitted to the Conservancy for
review and written approval prior to construction of the Project. Final reimbursement may be withheld by the Conservancy pending placement'of the signs and plaques in the manner approved by the Conservancy.
PROJECT CWPLETION
Upon completion of the Project, the Grantee shall supply the Conservancy with
evidence of such completion by submitting a final report which includes: (1)
an inspection report by the Grantee's Public Works Director certifying
completion of the Project according to the approved Work Program; (2) a fully
executed final "Request for Reimbursement of Expenditures" form (Exhibit D);
and (3) "as built" drawings of the completed Project.
CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT
No construction shall be undertaken and no disbursement of funds shall be made under this Agreement, until the following conditions have been met:
(1) A Resolution has been adopted by the City Council of the City of Carlsbad authorizing the execution of and approving terms and conditions of this '
Agreement.
(2) The Executive Officer has approved in writing:
\?J
\ City of Carlsbad
Contract # 86-009-86-045-A
Page Four
CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT (Continued)
(a) the Work Program for the Project;
(b) the plans for the erection of signs and plaques;
(c) all sub-contractors that the Grantee intends to employ to construct
the Project or any separable component of it, and written evidence has
been provided to the Conservancy that each such sub-contractor has
complied with the bonding requirements described in the "BONDING" section
of this Agreement.
(3) Written evidence has been provided to the Conservancy:
(a) of the solicitation by the Grantee of Conservation Corps assistance
in construction of the Project, and of the determination of the extent to
which such assistance will be provided, including a copy of any agreement
entered into with the Corps relating to the Project;
(b) that all permits and approvals necessary to the completion of the Project under applicable local, State and Federal laws and regulations have been obtained;
(4) Prior to the commencement of construction under this Agreement, Grantee shall submit, for the review and approval of the Executive Officer of the Conservancy, the following:
(a) Copies of recorded certificates of acceptance for the three offers to
dedicate easements for public access summarized in Exhibit 10 of the
accompanying Exhibit A;
(b) A copy of a recorded easement agreement from the State Department of Parks and Recreation to allow construction of the seawall and the Conservancy-funded access improvements on property owned by the Department at Carlsbad State Beach;
(c) A copy of the operations and maintenance agreement between the Department of State Parks and the City of Carlsbad providing for maintenance of the Conservancy-funded access improvements at Carlsbad
State Beach for a minimum of twenty years; and
(d) Evidence that the Grantee has complied with all proposed mitigation s
measures identified in the final EIR which relate to the Conservancy-
funded access project; and
(e) Copy of a grant of easement for the vertical public access easement at 2701 Ocean Street, accepted and recorded by Grantee.
City of Carlsbad Contract # 86-009-86-045-A
Page Five
COSTS MD DISBURSEUENTS
Upon determination by the Conservancy that all WNDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT” have been fully met, the Conservancy agrees to disburse to the Grantee, in accordance with the approved Project budget, a total amount not to exceed one hundred ninety-two thousand five hundred sixty dollars ($192,560).
Disbursements shall be made on the basis of costs incurred, less ten percent '( 10%)) as separable components of the Project are completed. Disbursement of the ten percent (10%) so withheld shall be made upon satisfactory completion of the Project and submission of a fully executed final Request for Disbursement form (Exhibit D hereto).
The Grantee shall request disbursement no more frequently than monthly by filing with the Conservancy fully executed "Request for Disbursement" forms which contain the name and address of the Grantee, the number of this Agreement, the date of the submittal, the amount of the invoice, the period
during which the work was actually done, an ftemfzed description of all work
done for which disbursement is requested, and the signature of an official
authorited by the Grantee to sign such invoices. Additionally, each form shall
be accompanied by any supporting invoices or other source documents from sub-contractors hired by the Grantee to complete any portion of the Project funded under this Agreement, and shall be accompanied by written substantiation of completion of the portion of the Project for which disbursement is requested. Failure to fully execute and submit a Request for Disbursement form, including attachment of supporting documents, will relieve the Conservancy of its obligation to disburse funds to the Grantee unless and until all deficiencies in the form are rectified.
EXPENDITURE OF FUNDS MD ALLOCATION OF FUNDING AMDN6 BUDGET ITEMS
The Grantee shall expend funds in the manner described in the Project budget. The allocation of the Conservancy's total grant among various items contained
in such budget may vary by as much as ten percent (10%) without approval by the Executive Officer. Any difference in the allocation among budget items of over
ten percent must be approved in writing by the Executive Officer. The
Conservancy may withhold payment for changes in particular budget items which
exceed the amount allocated in the Project budget by more than ten percent and
which have not received the approval required above. The total amount of this
grant may not be increased except by amendment to thfs Agreement, and any
increase in the funding for any particular budget item shall mean a decrease in
the funding for one or more other budget items unless there is an amendment to this Agreement.
I City of Carlsbad Contract # 86-009-86-045-A
Page Six
TERM OF AGREEMENT
This Agreement shall be deemed executed and effective upon receipt in the
offices of the Conservancy of the Agreement which has been signed on the first
page in original ink by an authorized representative of the Grantee, and which
is accompanied by the Resolution described in the "CONDITIONS PRECEDENT TO
CONSTRUCTION AND DISBURSEMENT" section of this Agreement.
The term of this Agreement shall run from the effective date of this Agreement as described herein and shall continue through October 31, 2007 (the "Termination Date") unless otherwise terminated or amended as provided herein.
The Grantee agrees to complete construction of the Project by October 31, 1987 (the "Completion Date").
Prior to the Completion Date, either party may terminate this Agreement for any reason by providing the other party with seven (7) days notice in writing.
In the event of termination by the Conservancy, prior to the Completion Date, the Grantee agrees to take all reasonable measures to prevent further costs to
the Conservancy under this Agreement, and the Conservancy shall be responsible
for any reasonable and non-cancellable obligation incurred by the Grantee in
the performance of this Agreement until the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement.
In the event that the Grantee fails to complete the Project in accordance with this Agreement, or fails to fulfil1 any other obligations of this Agreement prior to the Termination Date, the Grantee shall be liable for immediate repayment to the Conservancy of all amounts disbursed by the Conservancy under this Agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph shall not be deemed to limit any other remedies the Conservancy may have for breach of this Agreement.
OPERATION AND MAINlWWCE
The Grantee agrees to operate and maintain the Project as a public access facility throughout the term of this Agreement. The Grantee agrees to assume all operations and maintenance costs of the Project and the Conservancy shall not be liable for any cost of such maintenance, management, or operation. The Grantee may be excused from its
City of Carlsbad Contract # 86-009-86-045-A Page Seven
OPERATION AND WWlTENAHCE (Continued)
obligations for operation and maintenance of the Project during the term of
this Agreement only upon the written approval of the Executive Officer.
For purposes of this Agreement, "operations costs" include direct charges
incurred for material and labor needed to operate the Project, utilities,
insurance, and expenses necessary to produce gross revenues. "Maintenance
costs" include ordinary repairs and replacements of a recurring nature
necessary to prolong the life of capital assets and basic structures, and the
expenditure of funds necessary to replace or reconstruct capital assets or basic structures.
LIABILITY
The Granteeyhall be responsible for, indemnify and save harmless the
Conservancy, its officers, agents and employees from any and all liabilities,
claims, demands, damages or costs resulting from, growing out of, or in any way
connected with or incident to this Agreement, except for active negligence of
the Conservancy, its officers, agents or employees. The duty of the Grantee
to indemnify and save harmless includes the duties to defend as set forth in
Civil Code Section 2778. This agreement supercedes Grantee's right as a
public entity to indemnity (see Gov. Code Section 895.2) and contribution (see Gov. Code Section 895.6) as set forth in Gov. Code Section 895.4.
The Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its officers, agents or
employees, for any liability resulting from, growing out of, or in any way
connected with or incident to this Agreement.
Nothing in this Agreement is intended to create in the public or any member thereof rights as a third party beneficiary hereunder.
AUDITS/ACCDUNTIN6/RECDRDS
The Grantee shall maintain satisfactory financial accounts, documents, and
records relating to the construction of the Project. The accounts, documents,
and records relating to construction of the Project shall be retained by the Grantee for three years following the date of final disbursement by the
Conservancy under this Agreement, and shall be subject to examination and audit
by the Auditor General during this period. The Grantee may use any accounting '
system which follows the guidelines of "Generally Accepted Accounting
Practices" published by the American Institute of Certified Public Accountants.
\ City of Carlsbad Contract # 86-009-86-045-A Page Eight
NONDISCRIlWATION
During the performance of this Agreement, the Grantee and its subcontractors
shall not unlawfully discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, physical handicap, mental condition, marital status, age or sex. The Grantee and its subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq:). The applicable regulations of the Fair Employment and Housing Commsslon implementing Government Code Section 12900 et se ., Ri? set forth in Chapter 5 of Division 4 of title 2 of the California ministrative Code, are incorporated into this contract by reference and made
a part hereof as if set forth in full. The Grantee and its subcontractors
shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other agreement. This nondiscrimination clause shall be included in all subcontracts entered into by the Grantee to perform work provided for under this Agreement.
INCORPORATION OF EXHIBITS TO THIS AGREEMENT
The two attachments to this Agreement entitled "List of Assurances" (Exhibit B) and "Indemnification and Standard Provisions" (Exhibit C) describe additional rights and responsibilities of the Conservancy and the Grantee arising out of
this Agreement. Each of these Exhibits is an integral part of this Agreement,
and each is incorporated herein by this reference.
All actions and approvals required to be taken by the Conservancy under this
Agreement shall be taken by the Executive Officer of the Conservancy or his
designee.
RESOLUTION
The signature of the Executive Officer of the Conservancy on this Agreement
certifies that at its August 22, 1986 meeting, the Conservancy approved a grant
of one hundred ninety two thousand five hundred sixty dollars ($192,560) to the Grantee for the development of the project described in the attached Conservancy Staff Recommendation (Exhibit A).
This Agreement is deemed to be entered into in the County of Alameda.
STATE COASTAL CONSERVANCY
STAFF RECOmENDATION
August 22, 1986
i-
ACCESS PROJECTS
File Nos. 86-044, 86-046, 86-045, 86-041
STAFF RECOMMENDATION: Staff recommends that the State Coastal Conservancy
adopt the following resolution pursuant to Sections
31400 et seq. of the Public Resources Code:
"The State Coastal Conservancy hereby:
a. Authorizes disbursement of an amount not to exceed four hundred ninety-five thousand two hundred twenty-six dollars ($495,226) to the County of San Mateo for acquisition of four trail easements (over A.P. Nos. 063-271-070, 063-240-170, 063-240-020 and 063-024-122) and construction of a bicycle trail,
pedestrian path and a parking area to complete a
segment of the Baylands Bicycle Trail, subject to
the following condition:
Prior to the disbursement of any funds, the County
shall submit, for the review and approval of the
Executive Officer of the Conservancy, the following:
1. For each trail easement to be acquired: a complete appraisal, all agreements pertaining to the acquisition, including purchase agreements, escrow instructions, deeds and title reports, evidence that the County Board of Supervisors has approved the acquisition, and evidence of the State Lands Commission's determination, pursuant to Public Resources Code Section 5096.251, of the extent of any
public trust or other State interest which may
exist;
2. A final budget for the project and detailed working drawings of the trail, path and parking area;
3. Written notification that the California Conservation Corps has been solicited to provide labor for this project. The amount of the Conservancy grant will be reduced to reflect the amount of labor cost savings due to Corps participation;
Cl
4.
5.
6.
A signing plan showing the proposed public access signing of the bicycle trail and pedestrian trail for review and approval of the Executive Officer;
A recorded agreement between the County and
the Midpeninsula Regional Open Space District
permitting the County to construct the parking area and the pedestrian loop trail improvements on the District's property and obligating the District to operate and maintain these improvements for a period of twenty years from completion of construction; and
A written agreement to operate and maintain the bicycle trail improvements to be constructed on the easements held and to be acquired by them for a period of twenty years
from completion of construction;
b. Authorizes disbursement of an amount not to exceed
two hundred sixty-six thousand two hundred dollars
($266,200) to the County of San Luis Obispo for
public access improvements at Shame1 and Lampton
Parks, subject to the following condition:
Prior to the disbursement of any funds, the County
shall submit, for the review and approval of the
Executive Officer of the Conservancy, the following:
1. Final project working drawings and project
budgets for each park construction project;
2. A signing plan showing existing and proposed - .
coastal access signs from Highway 1 for each
park project;
3. Written notification that the California
Conservation Corps has been solicited to
provide labor for this project. The amount of
the Conservancy grant will be reduced to
reflect the amount of labor cost savings due
to Corps participation;
4. Copies of recorded certificates of acceptance
for the sixty-nine (69) offers to dedicate
easements for public access summarized in
Exhibit 3 of the accompanying Project Synopsis b* *I)
c. Authorizes disbursement of an amount not to exceed one hundred ninety-two thousand five hundred sixty dollars ($192,560) to the City of Carlsbad for public access improvements at Carlsbad State Beach
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and at the Ocean Street accessway, subject to the
following condition:
Prior to the disbursement of any funds, the City shall submit, for the review and approval of the Executive Officer of the Conservancy, the following:
1.
2.
3.
4.
5.
6.
Detailed plans, a final budget, and a project coastal access signing plan;
Written notification that the California
Conservation Corps has been solicited to provide labor for this project. The amount of
the Conservancy grant will be reduced to
reflect the amount of labor cost savings due
to Corps participation;
Copies of recorded certificates of acceptance
for the four offers to dedicate easements for public access summarized in Exhibit 10 of the accompanying Project Synopsis c.;
A copy of a recorded easement agreement from the State Department of Parks and Recreation
to allow construction of the seawall and the
Conservancy-funded access improvements on property owned by the Department at Carlsbad State Beach;
A copy of the operations and maintenance agreement between the Department of State Parks and the City of Carlsbad providing for maintenance of the Conservancy-funded access improvements at Carlsbad State Beach for a
minimum of twenty years; and
Evidence that the City has complied with all proposed mitigation measures identified in the Final EIR which relate to the Conservancy- funded access project; and
Also authorizes the transfer of the vertical public access easement at 2701 Ocean Street from the State of California to the City of Carlsbad; and
d. Authorizes disbursement of an amount not to exceed five hundred seventy-six thousand dollars ($576,000) to the City of Long Beach, in Los '
Angeles County, for the development of the first mile of a three mile Class I bicycle/pedestrian
trail, subject to the following condition:
Prior to disbursement of any funds the City shall
shall submit, for the review and approval of the
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Executive Officer of the Conservancy, the following:
1. Final project working drawings, a final
budget, and a signing plan; and
2. A written certification that funds necessary to complete the entire project are available."
Staff further recommends that the Conservancy adopt the
following findings based on the accompanying Project
Synopses a., b., c., d., and attached Exhibits:
"The State Coastal Conservancy hereby finds that:
a. The Baylands Bicycle Trail project, the Shame1 Park and Lampton Park projects, the Carlsbad State Beach
and Ocean Street access improvements, and the Long
Beach bicycle/pedestrian trial project:
1. are consistent with Chapter 9 of the
Conservancy's enabling legislation (Public Resources Code Section 31400-31405) regarding coastal accessways;
2. serve greater than local public needs; and
3. are in conformance with the Conservancy Access
Program guidelines and procedures; and
b. The Conservancy has considered the environmental
effects of the proposed access project at Carlsbad State Beach as described in the Final Environmental Impact Report (Exhibit 3, Project Synopsis c.) certified by the City of Carlsbad and concurs that - the project will have significant effects on the environment related to a number of issues, but that changes have been incorporated into the access project which would lessen to a level of insignificance these effects, except for one impact which cannot be mitigated to a level of
insignificance, the temporary loss of a portion of
the beach as a recreation area during construction.
The Conservancy finds that the benefits of the proposed project, including protection of the
roadway and increased vertical access, outweigh
this unavoidable impact, and therefore that the temporary loss of recreation area during construction is acceptable. The Conservancy further finds that other changes or alterations identified in the EIR as proposed mitigation measures for portions of the project other than accessway construction are outside the Conservancy's responsibility and jurisdiction and
should be adopted by the City."
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STAFF DISCUSSION: Each of these projects is discussed in the following Project Synopses (a., b., c., and d.).
c5
1
. STATE COASTAL CONSERVANCY
Project Synopsis c.
August 22, 1986
CARLSBAD SEAUALL ACCESSWAYS AND
OCEAN STREET ACCESSWAY
Project Manager: Gail Odom Rosen
File No. 86-045
- REQUESTED ACTION: Authorization to disburse up to $192,560 to the City of Carlsbad for development of access improvements in conjunction with a new seawall at Carlsbad State Beach and at Ocean Street.
SHORT DESCRIPTION: Provision of access improvements at Carlsbad State Beach:
I' (1) development of new access stairway on Carlsbad Blvd.
at approximately Chestnut Ave.; (2) development of two stairways from the beach to top of seawall.; (3) development of a thirteen vehicle parking lot on Carlsbad Blvd. at Cherry Ave.; (4) Rehabilitation of an accessway at 2701 Ocean St; (5) acceptance by the City of Carlsbad of three offers to dedicate lateral beach access and one offer to dedicate vertical beach access
from the Coastal Commission's Access Inventory.
LOCATION: City of Carlsbad, San Diego County, South Coast District (Exhibits 1 and 2)
PROGRAM CATEGORY: Coastal Access
PROJECT COST: Carlsbad State Beach Access Improvements: $166,515 Ocean St. Accessway: 26,045
TOTAL CONSERVANCY PROJECT COST: $192,560
STAFF DISCUSSION: Summary - Approval of the requested $192,560 in funding would allow the City of Carlsbad to construct several access projects at Carlsad State Beach in conjunction with pro osed
Seawall improvements (not funded by this grant P designed
to protect Carlsbad Blvd. specific projects at Carlsbad
State Beach to be funded by the Conservancy include: (1)
development of a new access stairway on Carlsbad Blvd. at
approximately Chestnut Ave.; (2) development of two
C52 a4
stairways from the beach to top of seawall.; (3) development of a thirteen vehicle parking lot on Carlsbad Blvd. at Cherry Ave. A second project involves the donation of an access easement at 2701 Ocean Street currently held by the Conservancy to the City of Carlsbad, and rehabilitation of that accessway to insure continued
public access to Carlsbad City Beach. A Conservancy grant
of $26,045 would fund the rehabilitation. As a condition of accepting grants for the above projects, the City of Carlsbad has agreed to accept three lateral offers to dedicate beach access from the Coastal Commission's Access Inventory.
Site Description - Carlsbad State Beach is west of Carlsbad Blvd. between Pine Ave. and San Diego Gas and Electric Company's Encina Power Plant, in the City of Carlsbad, about 26 miles north of the City of San Diego (Exhibit 2.) The park unit has
approximately 7,150 feet of ocean frontage. Existing
facilities include three parking lots accommodating 270
vehicles and one restroom. The beach unit consists of a
narrow strip of cliff-top terrace, an eroded ocean-facing
cliff, and sand and cobble beaches. The maximum elevation
of the terrace is 40 feet. Littoral sand movement constantly alters the width, elevation and configuration of the beach. At times there is no sand, only cobbles. Beach sand has been replenished in the past through periodic dredging of the Agua Hedionda Lagoon which is at the southern edge of the unit boundary. Principal recreation activities include surfing, sunbathing, fishing and swimming.
The Ocean Ave. accessway is located five blocks to the -
north of Carlsbad State Beach, at Beech Ave (Exhibit 2.)
The existing accessway is located at 2701 Ocean Street on the southernmost five-feet of the lot. The twenty-feet to the north of the access easement is a scenic view corridor which was required by an earlier development permit to be maintained by the landowner. The access easement, currently held by the Conservancy provides vertical access to the beach, but has not been open to the public because
of the deteriorated condition and an existing stairway.
Project Description - The City of Carlsbad is proposing a Carlsbad Blvd. Bluff Stabilization Project at Carlsbad State Beach for the primary purpose of preventing the undermining of Carlsbad Blvd., a significant coastal access route through the city (Exhibit 7.) The western edge of Carlsbad Blvd., between Cherry Ave. and Pine Ave., is located within several feet of the top of the coastal bluff. During severe storm conditions, the roadway and utilities along this stretch of the roadway are in danger of being lost. The public parking area at the top of the bluff near Pine Ave. and
c53.
the access road to a second parking area (the Tamarack lot) also require storm protection.
The City is sponsoring this project because the City
street and utilities are threatened, even though the
proposed project would be located on State Park property. The State Parks' General Plan for Carlsbad State Beach, prepared in July, 1983, recognizes that some sort of beach protection device and beach replenishment is needed to help protect beach facilities and Carlsbad Blvd.
Carlsbad has studied several types of shoreline protection devices which could protect the roadway while minimizing encroachment on the beach. The City may select one or a combination of the following methods of bluff protection:
no project, rock revetment, fabriform and/or
concrete-filled bags, concrete wall with rock fill, reinforced earth wall with toe stone, and reinforced concrete vertical seawall with and without toe stone. The exact design of the structure will not be determined until final engineering studies are complete. Design
assumptions used for comparative purposes in the EIR are
that the selected bluff protection device would: 1) be
constructed at a slope of approximately 1 l/2 to 2 : 1;
use deep foundations rather than toe stone where feasible;
be designed to provide an adequate level of protection; 4) have a fifty-year design life; and 5) require minimal excavations into the bluff (Exhibit 3).
The City's proposed design for shoreline protection, as a result of environmental and preliminary design studies, is
for approximately 3,200 lineal feet of vertical seawall;
an engineered rock rip-rap "seawall" in front of the
existing, elevated sand pad at the base of the northern
access ramp; and as additional project components, engineered rock rip-rap replacement of the existing rock protection for the Tamarack Av. parking lot and an
engineered rock rip-rap "seawall" along the base of the bluff, below the Ocean St. parking lot. This project is not part of the City's funding request to the Conservancy.
Regardless of the method of shoreline protection selected
for implementation by the City, Carlsbad has requested that the Conservancy fund several access improvements which will retain and enhance public access in the. shoreline project area (Exhibit 7.) The City proposes an additSona1 13 parallel parking spaces at the top of the bluff north of an existing parking area for 40 vehicles
and near a landscaped day use area. An existing stairway,
the Cherry Ave. stairs, would connect to this expanded
parking area. California Boating funds will integrate the
stairs into the proposed seawall by providing a landing at
the seawall and providing access through the seawall to
the beach below. The general plan does not recommend
c54
further access improvements until the issue of beach protection and beach repleminishment is addressed. The City is sponsoring the seawall project and wishes to incorporate desirable access improvements into the Seawall constructions. The third proposed access project is a
second, new stairway near Chestnut Ave. approximately one thousand feet to the north. This stairway would provide access from Carlsbad Blvd. down the bluff, to a landing, through the seawall, and to the beach below. The new
stairways will be reinforced concrete. Two additional
stairways from the beach to the top of the seawall will be
provided with Conservancy funding. These stairways will
allow emergency pedestrian egress from the beach in case of wave run-up.
The Ocean/Beech Street accessway is an existing deteriorated accessway located on an easement currently held by the Coastal Conservancy. The Conservancy accepted the easement pursuant to a December 9, 1982 authorization
of the Conservancy Board. It was hoped at that time that
a nonprofit organization would be able to accept the
easement from the Conservancy, and then improve, open, and
manage the accessway. Despite efforts of staff, no nonprofit in the Carlsbad area was interested in such a
proposal, and the accessway has remained a problem for the Conservancy, the City of Carlsbad, and area residents who want to see this historic access preserved (Exhibit 4). The Conservancy originally accepted the easement in partial settlement of a permit violation action brought by the Attorney General, when the City of Carlsbad could not
be persuaded to do so. Local sentiments have changed and
the City has passed a resolution in support of accepting
the easement if the Conservancy will grant development
funds to repair the accessway (Exhibit 5). The City is
proposing to design and construct a four-foot wide - concrete.stairway with galvanized hand rails (Exhibit 8).
Project Financing - The Conservancy would provide funds for the following project components:
Parking for 13 vehicles New Stairway from bluff to beach
2 New Beach Seawall-Stairways Design and Engineering Subtotal Seawall Access Projects Ocean St. Accessway Renovation Total Conservancy Project Cost
$52,075 $ 59,840 $ 39,600
w
Schedule - Construction of the seawall 'access projects is anticipated between October, 1986 and May, 1987. The Ocean Street
accessway construction would be completed by the end of
October, 1987.
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.
.
b CONSISTENCY WITH CONSERVANCY ACCESS PROGRAM CRITERIA: Uinimum Criteria
Serves Greater Than Local Need -
The Carlsbad Seawall and Ocean St. access project sites are located within the City of Carlsbad, which has a population of 49,900. The population of northern San Diego County and southern Orange County is approximately
one million. The projects will provide new and enhanced
access to Carlsbad State Beach and the beach just to the
north. Carlsbad State Beach estimates 900,000 user days
per year. The Ocean St. accessway attracts users from the immediate neighborhood and city, adjacent inland cities and visitors staying at motels in the vicinity of the
site.
Local Coastal Program Consistency -
The project sites are within the Mello II segment of the
Carlsbad Local Coastal Program Land Use Plan, certified by
the Coastal Commission on June 3, 1981. The zoning plan for the Mello II area also has been certified. The City of Carlsbad has not yet approved the plan or the zoning; therefore, the Coastal Commission is still issuing permits for the coastal zone. The plan's shoreline access
policies recommend that a comprehensive access signing
plan be developed for Carlsbad and that the City cooperate
with the State to insure that lateral beach access is
protected and enhanced. The access signing plan and
acceptance of offers to dedicate as required by this
recommendation will further these plan policies (policies
7-2 and 7-3, respectively). Improvement of the Ocean _ .
Street accessway is consistent with policy 7-15 which
states that the Ocean Street offer to dedicate should provide public access.
Consistency with Conservancy Access Standards -
The Carlsbad Seawall access projects are consistent with
Access Standards 1, 2, 7, and 12 (general standards
related to location and design of accessways, accessways
located in areas of high erosion hazard, and specific
standards for vertical accessways and support facilities.) The Ocean St. accessway project is consistent with Access Standards 1, 3, 4 and 7 (related to location and design of accessways, accessways located on access easements near residences, and specific standards for vertical accessways.) (Exhibit 9)
C56
Unavailability of Funding from Another Source -
The City of Carlsbad has appropriated $905,000 in City
Revenue Sharing Funds as its required 25% local share for the seawall project, while the California Department of Boating and Waterways has available $2,915,000 (the 75% maximum to be granted for the seawall). Preliminary estimates show that the seawall will cost over $3.8
million. Cal Boating's policy is to only fund access
projects where their shoreline protection projects
interrupt existing access. They have agreed to integrate
the existing Cherry Avenue Stairs into the Seawall and
provide stairs to the beach below at a cost of approximately $20,000. The Department of State Parks and
Recreation does not have any capital improvements planned for Carlsbad State Beach because they have been waiting for a solution to the beach replenishment and beach stabilization problem before committing to additional capital improvements projects. The Department is planning
major improvements to South Carlsbad State Beach, located
to the south of Agua Hedionda Lagoon. Therefore, no 1 ocal
or other funds are available for the proposed access improvements related to the Carlsbad Seawall. The City does not have funds budgeted for improvements at the Ocean St. accessway, either; as he City has agreed to accept and manage this accessway, staff believe the connnittment of minimal Conservancy funding needed to restore the accessway to usable condition is well justified.
The City has agreed to provide for the maintenance of all
proposed facilities, except for the two bluff access
stairways (at Cherry and Chestnut Ave.), which will be maintained by the State Department of Parks and
Recreation.
Increased Access -
At Carlsbad State Beach, the parking area for thirteen vehicles will provide much-needed additional parking. A new accessway to the north near Chestnut will provide new vertical access at an approximate lOOO-foot interval. The
beach will retain an existing access path at its north end
near Pine Ave., approximately lOOO-feet north of the
proposed stairway at Chestnut, while the southern access from the Tamarack parking lot will also be retained (approximately loo-feet south of the Cherry Av. stairway.) The Ocean St. accessway has provided access in the past, but there has never been a management . entity able to maintain the property. The accessway has fallen into a state of disrepair and access is now hazardous. Improvements will restore this accessway which has been used historically for beach access (Exhibit 8.)
California Conservation Corps -
c57
The City will contact the Conservation Corps to determine if the Corps can provide some of the labor required for the projects and the amount of the Conservancy grant reduced accordingly.
Selection Criteria
Urgency-
Access to the beach at parts of Carlsbad State Beach
occurs informally, causing foot traffic erosion of the
bluff. The project will reduce bluff erosion by providing a seawall with beach access stairways. The Ocean St. stairway is only partially existing, with the lower portion eroded by wave action, handrails absent, and
vegetation overhanging the accessway. The renovated
stairway will help stabilize the bluff by reducing
erosion. Furthermore, Conservancy staff have been
attempting to locate a management entity for the accessway
for four years - partially at the urging of concerned local residents - and it is important to take advantage of
,' the fact that Carlsbad is currently willing to accept the easement from the Conservancy.
Cost Effectiveness -
The estimated average use at Carlsbad State Beach is 2,640
persons per day, based on 900,000 annual user days.
Increased public access may result from the proposed increased parking and vertical access. The seawall will
have an estimated life span of 50 years, while the access
facilities are required to be maintained by the applicant for twenty years. The project materials are not low cost, but should be long-lasting (concrete stairs) with lower maintenance costs. Based on the high usage of the beach, - the proposed project would be cost effective. An
assumption of the Ocean St. accessway by the City of
Carlsbad will result in maintenance of the accessway,
which will prevent further deterioration and thus be
cost-effective.
Time of Completion -
Construction of the seawall access projects is anticipated between October, 1986 and May, 1987. The Ocean
St. accessway construction would be completed by the end
of October 1987.
Comprehensive Programs -
The proposed projects comprehensively address the existing access needs of the City of Carlsbad. The Ocean St, accessway will provide an additional access to the Carlsbad City Beach which encompasses the northern coast of Carlsbad. The majority of the remaining Carlsbad coast
C58
is encompassed by Carlsbad and South Carlsbad State Beaches. The City's proposed projects at Carlsbad State beach will provide access improvements beyond those that would be provided by the State Department of Parks and Recreation.
In addition,four existing offers to dedicate public access
in the City of Carlsbad, as listed in the Coastal Commission Access Inventory, have been identified and reviewed by the Conservancy and city staff (Exhibit .) Three of the offers would provide lateral access along the beach between the mean high tide and the toe of the bluff. One offer is located off Ocean Street at Carlsad's City beachland two are located off Tierra de1 Oro, south
of Carlsbad State Beach. The forth offer is the Ocean St. accessway, which will provide vertical access when accepted by the city from the Conservancy. Comprehensive access programs also require access signing. Both the acceptance of the offers to dedicate and implementation of a signing program, in conjunction with the California Conservation Corps, are required conditions of this grant.
)NSISTENCY WITH CONSERVANCY
ENABLING LEGISLATION: The Conservancy is authorized under Chapter 9 of the
Conservancy Act (Public Resources Code 31400 et se
-f4 .) to award grants to public agencies for purposes o initial
development of lands which are suitable for and which will
be used for public accessways to and along the coast. The Conservancy may provide up to the total cost of the initial development of accessways (Section 31400.2). The Conservancy may also provide assistance to aid public agencies in establishing a system of public coastal accessways, and related functions (Section 31400.3). The transfer of the Conservancy's interest in the Ocean Street _ accessway is authorized under Section 31007 of the Public
Resources Code.
APPLICABLE COASTAL
ACT POLICIES: Article 2, Chapter 3 of the Coastal Act (Public Resources
Code Section 30000 et se .) speaks specifically to public access. np Section 30 1 mandates that:
“In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with the public safety needs
and the need to protect public rights, rights of
private property owners and natural resource areas
from over use."
In addition, Section 30121.5 provides that:
"Whenever appropriate and feasible, public
facilities, including parking areas or facilities,
c59. 31
.-- --
shall be distributed throughout an area so as to
mitigate against the impacts social and otherwise, of
overcrowding or overuse by the public of any single
area."
CEQA COMPLIANCE: The City Council of Carlsbad certified the Environmental Impact Report for the Carlsbad Boulevard Bluff Stabilization Project (SCH # 84091201) on January 7, 1986 (Exhibit 3). The City Council found that the project
would have one significant unmitigated impact related to
the temporary loss of a portion of the beach as a
recreation area during construction. The Conservancy
staff has considered the environmental effects of the
proposed access project at Carlsbad State Park as
described in the Final Environmental Impact Report and
concurs that the project will have significant effects on
the environment related to several is&es including bl restabilization during construction and loss of beach during construction.
,. Staff believe that this single, unavoidable impact is
acceptable because the benefits of the project includi
uff
use
w protection of the roadway and increased vertical access,
outweigh this temporary, adverse effect, and recommend that the Conservancy so find. The following mitigation measures have been proposed to minimize the significance or potentially significant environmental effects of the proposed access projects:
Geology/Geotechnical Considerations
* Explore methods of beach replenishment.
* Adhere'to Uniform Building Code seismic design criteria.
* Perform analysis of coastal bluff under seismic loading.
* Final geotechnical investigation should address soil liquefaction.
* Locate adverse soil conditions prior to final project design.
* Design special foundations where necessary.
* Perform engineering analysis of gross stability of coastal bluff.
* Minimize excavations into bluff.
* Divert storm runoff away from bluff.
* Landscape with native vegetation.
C60
* Reduce pedestrian traffic on the bluff face.
Short-Term Construction-Related Effects
* Limit the construction period to spring and fall months
to avoid extreme tides and winter storms.
* Provide noise attenuation on all equipment.
* Provide dust control in construction area.
* Use the existing parking lot at the south end of the
project area for storage of construction vehicles and
materials.
These mitigation measures concept which would lessen to a
level of insignificance the potentially significance
effects, except for the one impact which cannot be
mitigated to a level of insignificance, the temporary loss of a portion of the beach as a recreation area during construction.
C61 33
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FALLBAOOK
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SANTEE
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Regional Location of Project Site
C62 24
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I C63 I
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EXHIBIT 3
Due to its volume, the Final Impact Report dated October, 1985 was distributed to Conservancy Board members only. Copies of this report (approximately 150 pages) are available for inspection at the Conservancy's offices, 1330 Broadway, Suite 1100, Oakland, California, during business hours.
C64
34
- I
. RECEIVED
Donald E. Jackson
260 Normandy Lane
Carlsbad, California
92008
DEC 117985
SWCOASTALCONSERVANCY
OAKLAND, CALIF.
December 9, 1985
Council ?4ember Ann Kulchin
Carlsbad City Hall f - 1
1200 Elm Street i ;i II 1 / Carlsbad, California 92008
u
--; Dear Ann:
Enclosed is a letter I received from Gail Odom of
the Coastal Conservancy concerning the Strauss dedication
for a beach access at the end of Beech Street.
This possible access has been batted around for too
long a time. The dedication time limit will run out before
anything gets done.
Please, can you get the city to accept a narrow
accessway rather than lose one? The public needs it.
Thanks.
Sincerely,
Donald E. Jackson
enc. C65
- sdd-. q - 37
Donald E. Jackson
260 Normandy Lane
Carlsbad, CA 92008
STATE SOASTAL CONSERVAilCY
OAKLAND, CALIF.
November ~1.4 1984
Ms Marcia Grimm
State Conservancy
1212 Broadway
Room 514
Oakland, CA,, 94612
Dear Ms Grimm:
I am writing to inquire the present s-t&s and future
action concerning the STRAUSS DEDICATION, file # ~-82-20
at 2701 Ocean Street, Carlsbad.
In 1982 a meeting was held with the local residents
and a staff member of the Conservancy. At that time a
satisfactory solution was indicated by the end of the year.
It is now nearly.two years later and nothing, to our
knowledge, has transpired to complete the project.
Please let me know what your present plans for the
site are. Thank you. m-
Sincerely,
Qv&r~cf &.a.-
Donald E. Jackson
C66 3r-
L
-
RESOLUTION NO. 8705
A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AMENDMENT TO RESOLUTION NO. 8439 TO INCLUDE A LIST OF ASSURANCES REQUIRED BY THE COASTAL CONSERVANCY TO APPROVE GRANT FUNDS UNDER THE COASTAL CONSERVANCY ACCESS GRANTS PROGRAM FOR THE BEECH STREET BEACH ACCESS.
WHEREAS, an Amendment to Resolution No. 8439 is required to
include a list of assurance for grant funds under the Coastal
Conservancy Access Grants Program before approval by the Conservancy
Board can be received: and
WHEREAS, City acceptance of the offer of dedication of the
Beech Street easement is contingent upon grant funding for a
stairway facility and;
WHEREAS, the Legislature has established the State Coastal
Conservancy (pursuant to Public Resources Code 31000-31400) and
authorized it to award grantstolocal public agencies for the
acquisition and development of coastal accessways; and
WHEREAS, the grants are awarded pursuant to Guidelines _
established by the Coastal Conservancy for determination of project
eligibility for funds: and
WHEREAS, said procedures established by the Coastal
Conservancy require the applicant to certify by resolution the
approval of applications and listed assurances prior to submission
of said applications to the State;
NOW, THERFORE, BE IT RESOLVED that the City Council of the
City of Carlsbad hereby approves amending Resolution No. 8439 to
include the following:
//
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- s3&b,+ 5 - 3?
,
I
- I
-1 1. Approves the filing of an application for funding under
. 2 the State Coastal Conservancy's Access Grants Program; and /I
3 2. Certifies that said agency agrees to the assurances,
4 a copy of which is attached hereto as Exhibit A and made a part
5 thereof; and
6 3. Certifies that said agency has or will have sufficient
7 funds to operate and maintain the project(s) funded under this
8 program;
--
9 4. Agrees to provide any funds needed beyond the grant
10 requested to complete the project(s) funded under this program
11 through the allocation of uncommitted funds.
12 PASSED, APPROVED AND ADOPTED at a regular meeting of the
13 City Council of the City of Carlsbad, California, held on the
14 22nd day of July I 1986 by the following vote to wit:
15 AYES: Council Members Casler, Lewis, Kulchin and Pettine
16 NOES: None
17 ABSENT: Council Member Chick
18
19
20
TL/J.&, - i
MARY H., CASLER, Mayor
'ATTEST: 21
m2LLnpE- 22 ALETHA L. RADTENKRANZ, City
23
24 (SEAL)
25
26
27 II 28
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&p/r* ‘7 I - $0 &ET. P7& i . .
I *., \
LIST OF ASSURMCES
,i -
The 8pplioast hereby 8mures urd certifies that it will comply with Conscmancy . regulations, policies, guidelines md requirements as they relate to the l ceptance 8nd use of Consemaucy funds for this project. Also, the applicant
gives assurance ud certifies with respect to the grant that: I( 1 1. If Xt possesses legal authority to apply for the grant, and to finance and
j. construct the proposed facilities that, where 8pptopriate, a resolution,
i aotion or similar action has been duly adopted or passed 8s 8n official act of 'j the applicant's governing body, 8uthoriting the filing of the application,
including 811 understandings and 8ssurances contained therein, and directing
l d 8uthorizing the person identified 88 the officfal representative of the I 8pplicant to act in connection with the application and to provide such
8dditiOnal infomation u may be required.
2. It will have 8ufficient fun$s 8vrilrble to met its own share of the cost
for projects. Sufficient funda will be available *en the project is caapleted
to usure the effective oper8tion and maintenuce of the facility for the purposes constructed.
3. It holds sufficient title or interest in the property tb enable it to
WLdart8ke l8uful developmsnt 8ad construction of.the project. Sxoept in the
cue where the Gr8ntee is 8cquiring 8a faterest in the property 88 8 part of
the project development 8uch title document8tion shall be reviewed by the Executive Officer of the Coaservaaq.
4. It will not dispose of or l ncmber its title or other interests in the 8ite md facilities u<cept 88 permitted by the Consermnq~
.--' - --
5. It will 9ive the Consemancy, through my 8uthorised representative,
8ccess to 8ad the right to l xemiae 811 records, books, papers, or docusisnts
related to the grant.
6. It will cause work on the project to be omenced within 8 reasonable time
after receipt of notification frw the Consermncy that funds havae been 8pproved and that the project will ba! carried to completion with reasonable diligence.
‘1.. It will, where rppropriate, cmply with the requirements of the State's
Smithwaite Act (Chapter 1574, Statutes of 1971 8nd related Hzatutes), which
provides for f8ir and aquitable treatment of displaced persons.
0. It will, where 8ppropri8te , canply with the requirmhents of the California
~nvirosmental Quality Act.
9. It will comply with 811 requirsaents Amposed by the Conservancy concerning spscial provisions of law, and program rmqtirements~
C69 EXHIBIT "2"
. r
.
L
EXHIBIT 6
City of Carlsbad Resolution with List of Assurances for
Seawall Access Improvements
to be Hand-carried to Conservancy Board Meeting
c70
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2723
OCCAU sr&cz I
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1795 bCLrg@ ST.
OCEAN STREET
:ItY MAP BOOK PAOE
PROJECT NAME C72 PROJ. EXHIBI:
Or&AU 3X /a_ d.&‘&c~ AVE. s7/9u? WA Y NO.
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,
.
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BEACH ACCESSES
,
- --e
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i Y
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i I .?‘3 .,
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-.-.-.- s -Tern--- e-,-w +----- \
- -.---e-w -- - .-. .
KEY :
I City-owned Access b
Coastal- Conservancy--Accessa
Private/Public Access 0
c73
-.
Access Offers to Dedicate
CCC Permit #
6-85-502
F 9505
F 9661
City of Carlsbad
August 22, 1986
Street Address
2723-2727 Ocean Street
Location Type Access Dedication
Carlsbad Lateral City Beach (seaward of the
toe of existing riprap)
5009 Tferra De1 South of Lateral
Or0 Carlsbad
State Beach (seaward of the
toe of the bluff)
5005 Tierra De1 South of Lateral
Or0 Carlsbad State Beach (seaward of the toe of the bluff)
Exhibit 10
c74
C
. EXHIBIT g
LIST OF ASSURANCES
The applicant hereby assures and certifies that It will comply with Conservancy
regulations, policies, guidelines and requirements as they relate to the
acceptance and use of Conservancy funds for this project. Also, the applicant gives assurance and certifies with respect to the grant that:
1. It possesses legal authority to apply for the grant, and to finance and
construct the proposed facilities; that where appropriate, a resolution, motion or similar action has been'duly adopted or passed as an official act of the
applicant's governing body , authorizing the filing of the application,
including all understandings and assurances contained therein, and directing
and authorising the person identified as the official representative of the
applicant to act in connection with the application qnd to provide such
additional information as may be required.
2. It will have sufficient funds available to meet its own share of the cost
for projects. Sufficient funds will be available when the project is completed to assure the effective operation and maintenance of the facility for the
purposes constructed. '
3. It holds sufficient title or interest in the property to enable it to
undertake lawful development and construction of the project. In the case
where the Grantee is acquiring an interest in the property as a part of the
project development such title docmentaiton shall be reviewed by the Executive
Officer of the Conservancy.
4. It will not dispose of or encumber its title or other interests in the site
and facilities except as permitted by the Conservancy. .
5. It will give the Conservancy, through any authorised representative,
access to and the right to examine all records, books, paperer or documents
related to the grant.
6. It will cause work on the project to be commenced within a reasonable time
after receipt of notiffcatlon from the Conservancy that funds have been
approved and that the project will be carried to completion with reasonable diligence.
7. It will, where appropriate, comply with the requirements of the'State.6
Braithwalte Act (Chapter 1574, Statutes of 1971 and related statutes), which
provides for fair and equitable treatment of displaced persons.
8. It will, where appropriate , comply with the requirements of the California Environmental Quality Act.
9. It will comply with all requirements imposed by the Conservancy concerning special provisions of law, and program requirements.
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INDEMNIFICATION AND STANDARD PROVISIONS
1. The Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this contract.
2. The Grantee, and the agents and employees of the Grantee, in the
performance of this Agreement, shall act in an independent capacity and
not as officers or employees or agents of the State of California.
3. The State may terminate this Agreement and be relieved of the payment of any consideration to the Grantee should the Grantee fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Grantee under this Agreement, and the
balance, if any, shall be paid the Grantee upon demand.
4. Without the written consent of the State, this Agreement is not assignable by the Grantee either in whole or in part.
5. Time is the essence of this Agreement.
6. No alteration or variation of the terms of this contract shall be valid
unless made in writing and signed by the parties hereto, and no oral
understanding or agreement not incorporated herein, shall be binding on
any of the parties hereto.
7. The consideration to be paid the Grantee, as provided herein, shall be in compensation for all of the Grantee's expenses incurred in the perforemance hereof, including travel and per diem, unless otherwise expressly so provided.
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