HomeMy WebLinkAboutCalifornia Coastal Conservancy; 1997-06-30; 96-081STATE OF CALIFORNIA
STANDARD AGREEMENT-:~~~~~~g~~iAL
STD. 2 (REV.S-91)
CONTRACT NUMBER
96-081
AM. NO.
TillS AGREEMENT, made and entered into this 3D day of -~ifi,J.~l\...l'...:::..._ , 19_3_}
TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBE
in the State of California, by and between State of California, through its duly el
TITLE OF OFFICER ACTING FOR STATE AGENCY
~Ex-=-e,...,c,u-:-:t:::-:1:-:. v.,..,e-:-=O_f __ f_i_c_e_r _______ _,_~S_;_ta..:..__:t-=e---"C-=o-=a~s:....:t-=a~l:.......cC::..:o::..:n:..:;s=.e=rv=-=-=ac:..:n:.:::..L ________ , hereafter called the State, and
CONTRACTOR'S NAME
_C_i_t-=y:....__o_f_C_a_r_l_:s_ba __ d ______________________________ , hereafter called the Contractor.
WilNESSETH: Thall 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 or completion, and attach plans and specifiCations, if any.) ·
~E OF AGREEMENT
Pursuant to Chapter 4 of Division 21 of the California Public Resources Code, the State
Coastal Conservancy ("the Conservancy") hereby grants to the City of Carlsbad ("the
grantee") a sum not to exceed nine hundred thirty-five thousand ($935,000) subject to the .
terms and conditions of this agreement. These funds shall be used by the grantee to estabhsh
a Special Revenue Fund interest bearing account ("the account"), from which disbursements
may be made to conduct floriculture research for preservation of Carlsbad Ranch ("the
proje::t") pursuant to terms and conditions of this agreement.
The project may include, without limitation, research on: species vitality, multiple cropping
opportunities, soil variables and conditions, climate, seed promulgation, and marketing
analysis. The amount of funds that may be disbursed from the account for the project shall
be limited, in each fiscal year, to the amount of accrued interest not previously expended or
encumbered.
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CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions .on the reverse side hereof constitute a part of this agreement
IN WllNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY
State Coastal Conservancy
BY(AU
l>
TITLE
Executive Officer
AMOUNT ENCUMBERED BY THIS
DOCUMENT
$ 935.000.00
PROGRAM/CATEGORY (CODE AND TITLE)
Other Capital Outlay
(OPTIONAL USE)
CONTRACTOR (If other than an individual, state whether a corporation, paftnership, etc.)
Ci
ADDRESS
2075 Las Palmas Drive, Carlsbad, CA 92009-4859
1 FUND TITLE
sec Fund
Department of General Services
Use Only
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT Carlsbad Agriculture Mitigation Account
$
TOTAL AMOUNT ENCUMBERED TO
DATE
$ 935.000.00
ITEM
3760-102-565
OBJECT OF EXPENDITURE (CODE AND TITLE)
Coastal Access
I hereby certify upon my own personal knowledge that budgeted funds
are available for the period and purpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER \-...,.
[> (fcj c__ V L•
D DEPT. OF GEN. SER. 0 CONTRACTOR D STATE AGENCY D CONTROLLER
FISCAL YEAR OC/07 Jv _.•
D
City of Carlsbad
Grant Agreement 96-081
Page 2
SCOPJ~ OF AGREEMENT (Continued)
The grantee shall carry out the project in accordance with annual work programs prepared by
the grantee and submitted to the Executive Officer of the Conservancy ("the Executive
Officer") pursuant to this agreement. The grantee shall provide any funds beyond those
provided for under this agreement which are needed to complete the project.
City of Carlsbad
Grant Agreement 96-081
Page 3
WORK PROGRAM
Standard Provisions
Prior to commencement of any floriculture research, and on a yearly basis, the grantee shall
submit a work program for review by the Executive Officer which shall include the
following:
1. A brief description of the floriculture research projects to be funded during the following
fiscal year; and
2. An accounting of interest accrued to the account, and of the total amount of funds used
during the current fiscal year for floriculture research and to defer administrative costs
for the City of Carlsbad.
CONDmON PRECEDENT TO COI\1MENCEMENT OF PROJECT AND
DISBURSEMENT
The grantee shall not commence the project and the Conservancy shall not be obligated to
disburse any funds under this agreement unless and until the following condition precedent
has bec~n met:
A resolution has been adopted by the City Council of the grantee authorizing the execution of
this agreement, and approving its terms and conditions, and requesting disbursement into a
special Reserve Fund interest bearing account.
TERM OF AGREEMENT
This agreement shall be deemed executed and effective when signed by both parties and
receive;~ in the office of the Conservancy together with the resolution described in the
"CONJDmONS PRECEDENT TO COMMENCEMENT OF PROJECT AND
DISBURSEMENT" section of this agreement. An authorized representative of the grantee
shall sign the first page of the originals of this agreement in ink.
This agreement shall run from its effective date through September 30, 2017 (the
"termination date") unless otherwise terminated or amended as provided in this agreement.
However, all work shall be completed by June 30, 2017 ("the completion date").
City of Carlsbad
Grant Agreement 96-081
Page4
AUTHORIZATION
The signature of the Executive Officer of the Conservancy on this agreement certifies that at
its June 26, 1997 meeting, the Conservancy adopted the resolution included in the staff
recommendation attached as Exhibit A and incorporated by reference. This agreement is
executed pursuant to that authorization.
COOliDINA TION AND MEETINGS
The grantee shall coordinate closely with Conservancy staff and other involved entities,
including local, state and federal agencies, and shall participate in meetings and other
communications as necessary to ensure coordination.
COSTS AND DISBURSEMENTS
Disbursement of the full amount of funds provided for in this agreement shall be made upon
compliance with the "CONDffiONS PRECEDENT TO COMMENCEMENT AND
DISBURSEMENT" and the grantee's submission of a "Request for Disbursement" form
(available from the Conservancy). The grantee shall state on the form its name and address,
the number of this agreement, the date of the submission and the amount of the invoice. The
form shall be signed by an authorized representative of the grantee. Failure to fully execute
and submit a "Request for Disbursement" form, will relieve the Conservancy of its obligation
to disburse funds to the grantee unless and until all deficiencies in the form are rectified.
PRQJECT COMPLETION
The grantee in conjunction with the Conservancy shall evaluate on a yearly basis the validity
and competitive nature of floriculture production at Carlsbad Ranch to determine whether to
continue the floriculture research program. Upon the completion date or, if at any time prior
to the completion date, the grantee and the Conservancy determine that floriculture
operations at Carlsbad Ranch are no longer economically feasible or viable, then all funds
remaining in the account shall be returned to the Carlsbad Agricultural Mitigation Account
establish pursuant to Public Resource Code Section 30171.5; provided, however, that if any
portion of the total funds granted under this agreement have previously been paid to the
Carlsbad Agricultural Mitigation Account, then that amount of funds, together with any
accrued interest, shall be paid into the grantee's LCP/MELLO account, to be used in
accordance with the provisions of that account.
City of Carlsbad
Grant Agreement 96-081
Page 5
EARLY TERMINATION AND FAILURE TO PERFORM
Prior to the completion date, either party may terminate this agreement for any reason by
providing the other party with seven days notice in writing.
If the grantee fails to complete the project in accordance with this agreement, or fails to
fulfill any other obligations of this agreement prior to the termination date, the grantee shall
be liablt~ 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 npt 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. '
LIABIIJTY
The grantee shall be responsible for, indemnify and save harmless the Conservancy, its
officers,, agents and employees, from any and all liabilities, claims, demands, damages or
costs re:mlting from, growing out of, or in any way connected with or incident to this
agreeme:nt, except for active negligence of the Conservancy, its officers, agents or
employe:es. The duty of the grantee to indemnify and save harmless includes the duty to
defend as set forth in Civil Code Section 2778. This agreement supersedes the 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 of it rights as a
third party beneficiary under this agreement.
AUDITS/ ACCOUNTING/RECORDS
The grantee shall maintain standard financial accounts, documents, and records relating to
impleme:ntation of the project. The grantee shall retain these documents for three years
following the completion date under this agreement, regardless of the termination date. The
documents shall be subject to examination and audit by the Conservancy and the Bureau of
State Audits 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
Grant Agreement 96-081
Page 6
NONDISCRIMINA TIQN
During the performance of this agreement, the grantee and its contractors shall not
unlawfully discriminate against, harass, or allow harassment against any employee or
applicant for employment because of sex, race, religion, color, national origin, ancestry,
disability, medical condition, marital status, age (over 40) or denial of family-care leave,
medical-care leave, or pregnancy-disability leave. The grantee and its contractors shall
ensure that the evaluation and treatment of their employees and applicants for employment
are free of such discrimination and ·harassment. The grantee and its contractors shall comply
with the provisions of the Fair Employment and Housing Act (Government Code Section
12900 et seq.) and the applicable regulations (California Code of Regulations, Title 2,
Section 7285.0 et seq.). The regulations of the Fair Employment and Housing Commission
regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2
of the California Code of Regulations), are incorporated into this agreement. The grantee
and its contractors 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 contracts and subcontracts entered into to
perform work provided for under this agreement.
INDEI,ENDENT CAPACITY
The gr:antee, 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.
ASSIGNMENT
Without the written consent of the State, this agreement is not assignable by the grantee in
whole or in part.
TThfELINESS
Time is of the essence in this agreement.
City of Carlsbad
Grant Agreement 96-081
Page 7
EXECUTIVE OFFICER'S DESIGNEE
The Executive Officer shall designate a Conservancy project manager who shall have
authority to act on behalf of the Executive Officer with respect to this agreement. The
Executive Officer shall notify the grantee of the designation in writing.
AMENDMENT
Except as expressly provided in this agreement, no change in this agreement shall be valid
unless made in writing and signed by the parties to the agreement. No oral understanding or
agreement not incorporated in this agreement shall be binding on any of the parties.
wcus
This agreement is deemed to be entered into in the County of Alameda.
provide~ for under this agreement which are needed to complete the project.
CARLSBAD AGRICULTURAL MITIGATION FUNDS
EXHIBIT A
COASTAL CONSERVANCY
Project Summary
June 26, 1997
CARLSBAD AGRICULTURAL MITIGATION FUNDS
File No: 96-045
Project Manager: Richard Retecki
RECOMMEND1ED ACTION: Authorization to disburse funds to the City of Carlsbad from the
Carlsbad Agricultural Mitigation Account (CAMA) for floricul-
ture research for preservation at Carlsbad Ranch.
LOCATION: Carlsbad, San Diego County (Exhibits 1 & 2)
PROJECT CATEGORY: Coastal Agriculture
ESTIMATED COST: Carlsbad Agricultural Mitigation Account (CAMA): $935,000
TOTAL PROJECT COST: $935,000
PROJECT SUMMARY: The Legislature through AB 2659 (Kaloogian) has designated
$935,000 from the Carlsbad Agricultural Mitigation Account
(CAMA) to the City of Carlsbad for floriculture research for
preservation at Carlsbad Ranch. The Carlsbad Ranch Specific
Plan required the preservation of the flower fields as a condition
of other approved conversion to urban use. The funds, if disburse-
ment is approved, are specifically slated for Carlsbad Ranch with
the interest accrued yearly to be applied for research and
floriculture preservation programs at the flower fields.
The CAMA was established by the Legislature in 1980 to mitigate
for the conversion of coastal agriculture to urban uses. Last year
as part of the budgetary process, the legislature appropriated
$935,000 of this fund for a specific purpose. Since the Coastal
Conservancy administers the CAMA, Carlsbad is requesting that
the account funds be disbursed at this time in order to implement
the Legislature's action. Upon receipt of the funds, Carlsbad will
deposit the funds into a Special Revenue Fund (SRF) which will
serve as an endowment. The endowment will earn interest which
will be utilized to fund research which will promote the long-term
viability of floriculture at Carlsbad Ranch; The estimated
accrued interest should total $50,000-55,000 per year. A portion of
the fund will be used to defer administrative costs for Carlsbad.
Carlbad staff will evaluate, on a yearly basis, suggested uses for
the accrued interest in the SRF. Carlsbad Ranch will submit
research and floriculture priorities which will be evaluated for
funding. The research should focus on species vitality and
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COASTAL CONSERVANCY
Staff Recommendation
June 26, 1997
CARLSBAD AGRICULTURAL MITIGATION FUNDS
File No: 96-045
Project Manager: Richard Retecki
STAFF
RECOMMENDATION: Staff recommends that the Conservancy adopt the following
resolution, pursuant to Sections 30171.5 and 31156 of the Public
Resources Code:
STAFF DISCUSSION:
"The State Coastal Conservancy hereby authorizes disburse-
ment of an amount not to exceed nine hundred thirty-five
thousand dollars ($935,000) to the City of Carlsbad for
floriculture research for preservation at Carlsbad Ranch,
subject to the following condition: No funds shall be dis-
bursed until a resolution is received by the Conservancy
from the City of Carlsbad requesting the disbursement of the
nine hundred thirty-five thousand dollars into a Special
Revenue Fund interest bearing account."
Staff further recommends that the Conservancy adopt the
following findings:
"Based on the accompanying staff report and attached
exhibits, the State Coastal Conservancy hereby finds that:
1. The disbursement of funds to Carlsbad for floriculture
research is consistent with Public Resources Code
Section 30171.5 (as amended in 1996); and
2. The disbursement of funds to Carlsbad for floriculture
research is consistent with Public Resources Code
Section 31156 regarding preservation of agricultural
lands."
Project Description: The City of Carlsbad proposes to fund research for the preserva-
tion of floriculture at Carlsbad Ranch. In 1996, the legislature
amended Public Resources Code Section 30171.5 (AB 2659 Kaloog-
ian) to provide $935,000 from the Carlsbad Agricultural Mitiga-
tion Account (CAMA) administered by the Conservancy. The City
will establish a Special Revenue Fund (SRF) in which the
$935,000 will be deposited and which will.serve as an endowment.
The interest gained yearly will be directly applied to floriculture
research for long-term floriculture production at Carlsbad Ranch.
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several options for the continued management of these funds will
then be presented to the Conservancy.
Costs for the project arc as follows:
Carlsbad Agricultural Mitigation Account:
TOTAL
$935,000
$935,000
Site~ Description: The project site consists of those lands at Carlsbad Ranch which
will benefit from the floriculture research~ Carlsbad Ranch
currently engages in the production of cut flowers, seed stock,
and commercial operations related to floriculture. The research
will not be conducted at Carlsbad Ranch but instead at other
facilities in Texas.
Pr1oject History: The concern for the loss of prime and nonprime agricultural lands
within the. Carlsbad General Plan area was addressed in the
California ·coastal Plan and again in the Local Coastal Plan for
Carlsbad. The loss of those lands was deemed unacceptable by the
Coastal Commission and eventually agreement was reached
between Carlsbad and the Coastal Commisssion regarding
mitigation for the conversion of agricultural lands to urban uses.
A mitigation account, the CAMA, was established to address the
loss of agricultural lands outside of certain designated areas
within the coastal zone of Carlsbad and is managed by the
Conservancy. The statute mandates that the fees be expended in
the following order of priority:
I. Restoration of natural resources and wildlife habitat at
Batiquitos Lagoon.
2. Development of a visitors center at Buena Vista Lagoon.
3. Provision of access to public beaches in Carlsbad.
4. Any other activity or project benefitting natural resources,
including open field cultivated floriculture, in the coastal
zone in Carlsbad.
Also, not less than SO percent of the collected fees shall be
expended for the restoration of natural resources and wildlife at
Batiquitos Lagoon.
Through the Carlsbad Ranch Specific Plan and the Local Coastal
Program, Carlsbad recommended the preservation of floriculture
at Carlsbad Ranch. Due to several factors, such as limitations for
multiple crops and foreign competition, the vitality of the
endeavor has declined. In an effort to bolster production and
sharpen its competitive edge, the Legislature through AB 2659
(Kaloogian) allocated funds from the present state budget for
research for the preservation of the flower fields. The interest
accrued yearly will be used to conduct research related to
multiple cropping opportunities, climate, soil conditions, seed
promulgation, and marketing analysis.
C-5 EXHIBIT A
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AREA MAP
Exhibit 1
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VICINITY MAP
Exhibit2
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CITY COUNCIL RESOLliTION NQ. 9 7-417
A RESOLUTION OF THE CITY COtJNCIT.. OF THE CITY OF
CARLSBAD~ CALIFORNIA, INSTRUCTING STAFF TO
REQUEST TilE FUNDS ALLOCATIID BY THE 1996
CALIFORNIA BUDGET FOR FLORICULTURE
PRESERVATION AT CAlU.SBAD RANCH AND DEPOSIT
SAID FUNDS IN A SPECIAL REVENUE ACCOUNT.
WHEREAS, on June 25. 1996 the City Council of the City of Carlsbad approved
a resolution supporting the formation of an entity "dedicated to ensuring the long term
pf?duction of the flower fields"'; and
I I WHEREAS, the State of Califomia has ·made a budget allocation of S93S,OOO for 1
floriculture preservation at Carlsbad Ranch and;
WHEREAS, the acquisition nf such hudget allocation by the City of Carlsbad for
· future distribution.for :floriculture on Carlsbad Ranch is consistent with the intent of the Council
Re'Solution of June 25, 1996 and;
. .
WHEREAS, the State of California Co~ Conservancy has informed the City
that this budget appropriation is available to the City of Carlsbad on request;
NOW, lHEREFORE, BE IT HEREBY RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
·1. That the above recitations arc true and correct
2. That staff' immediately ~u~ that the California Cu~Lal Conservancy provide the
S93s,qoo allocated for floriculture preservation at Carlsbad Ranch.
3. That the funds. when received from the Conservancy, be deposited into a City Special
Revenue Fund
Exhibit3
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Acres Remaining for Development
·Carlsbad Ag Mitigation Account(CAMA)
a. 100 acres
b. 60 acres
c. 77 acres
237 acres
LCP/Mello Account
1. 320 acres
2. 110 acres
3. 140 acres
4. 60 acres
5. 130 acres
.760acres
Sectio~n 30171.5 (PRC)
EXPENDITURE PRIORITIES
FOR THE STATUTORY FUND
(b) All mitigation fees coll~cted pursuant to this 'ection are hereby
appropriated to, and shall be expended by, ·the State Coastal Conservancy in the
following order of priority:
( 1) Restoration of natural resources and wildlife habitat in Batiquitos
Lagoo11.
(2) Development of an interpretive center at Buena Vista lagoon.
(3) Provision of access to public beaches in the City of Carlsbad.
(4) ·Any other project or activity benefiting or enhancing the use of natural
resources. including open field cultivated floriculture. in the coastal zone in the City
of Carlsbad that is provided for in the local coastal program of the City of Carlsbad.
(c) The State Coastal Conservancy may establish a special account in the
State Coastal Conservancy Fund and deposit mitigation fees collected pursuant· to
this section in the special account. Any interest accruing on that money in the
special account shall be expended pursuant to subdivision (b).
j[d) Not less that 50 percent of collected and bonded mitigation fees shall
be expended for the purpose specified in paragraph (1) of subdivision (b).
1:e) Other than to mitigate the agricultural conversion impacts for which
they are collected, none of the mitigation fees collected pursuant to this section
shall be used for elements of a project which cause that project to be in compliance
with this division or to mitigate a project which would otherwise be inconsistent
with this subdivision, the State Coastal Conservancy shall consult with the
commission.
.ExhibitS
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EXHIBIT 6
Letters of Support
Leiters will be hand-carried to the Board Meeting.
C-13 EXHIBJTA