HomeMy WebLinkAboutCalifornia, State Of; 1988-02-11; Coastal‘STANDARD AGREEMENT APPROVED BY THE
- ATTORNEY GENERAL c] CONTRACTOR q STATE AGENCY
STATE OF CALIFORNIA
@iSTO 2 (REV. 2,851 0 DEPT. OF GEN. SER.
0 CONTROLLER
THIS AGHEEMENT, made and entered into this 29th date of L, 1988, q
in the State of California. by and between State of California, through its duly elected or appointed, 0
qualified and acting 0
T,TLE OF OFFCER ACTING FOR STATE *GENCY hcwaftcr called the Sfalc. and CONTRACT NUMBER AM NO.
Executive Officer State Coastal Conservancy 87-064 1
hereafter callc,d the Contractor. CONTRACTOR’S I.D. NUMBER
City of Car&bad
\!‘ITNESSETH: 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:
(SC~ forth sc~rricr IO Ix, rmdcwd hr~ C:ontmctor. amount to k, paid Contractor, timrfor performance or completion. and attach planr and .spmficatlons. if any. J
The State Coastal Conservancy (the "Conservancy") and the City of Carlsbad (the "Grantee")
agree to amend their existing Agreement 87-064 as follows:
SCOPE OF AGREEMENT
Paragraph two shall be deleted and replaced by the following:
"Construction of two public access stairways, one at the terminus of Maple Avenue and
the other at the terminus of Hemlock Avenue to Carlsbad State Beach."
AUTHORIZATION
Lines two and three of paragraph one shall be deleted and replaced by the following:
I, . ..certifies that at its January 21, 1988 and July 22, 1988 meetings, the Conservancy
adopted the Resolutions included in the Staff Recommendations, attached hereto as
Exhibits A and B..."
All other terms and conditions of these Agreement shall remain in effect. 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 D’ITh’ESS WHEREOF. this agreement has been executed by the parties hereto, upon the elate first above vrritten.
TITLE
Department of General Services
Use Only
$ Maple Ave. Stairs
AD,. INCREASING ENCUMBRANCE ITEM CHAPTER STATUTE FISCAL YEAR
s 3760-803-565-84 1 138 1 1984 1 84185
AD,. DECREASING ENCUMBRANCE OBJECT OF EXPENDITURE (CODE AND TITLE)
S Car&bad Mitisation Account
I hcwby cutif!/ trpot~ m!, otcrt personal knowledge that budgctcd funds are T.B.A. NO. BR NO.
acailablc for the period and pc~posc~ of the expenditure stated abuoc.
SIGNATURE OF ACCOUNTING OFFlCER DATE
I certify that this aniendmeI is exempt from Department of General Service approval
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I hrwby wrtify that all condt/tonu for cmntption set forth in State .4dministratiw Manual Section 1209 how
Ix~~I rortlplird with and this doctrnwnt is excnlpf from review by the D~partnwnt of Finatw.
SIGNATURE OF OFFICER SIGNING ON BE,,ALF OF THE AGENCY DATE X
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EXHIBIT “A”
STATE COASTAL CONSERVANCY
Project Summary January 21, 1988
MAPLE AVENUE-SEAWALL ACCESS STAIRWAY
File No. 86-045 Project Manager: Nanette Alforque
REQUESTED ACTION: Authorization to disburse an amount not to exceed S100,OOO from the Carlsbad Mitigation Account to the City of Corls- bad for the construction of the Maple Avenue Stairway to further complete the ScawaIl Project at Carltbad State Beach.
SHORT DESCRIPTION: Construction of a beach access stairway at Maple Avenue in the City of Carlsbad to provide expanded access to the shoreline.
LOCATION: City of Carlsbad, San DieSo County, South Coast District (Exhibit 1).
- PROGRAM CATEGORY: CO8St81 Access
FINANCIAL SUMMARY: C8rlsbad Mitigation Account 100,000 City of C8tlsbrd Conservancy Bond Funds z!
TOTAL: Estimated Construction Costs $140,ooo
PROJECT SUMMARY: The City has requested funds from the Carl&ad Mitigation Account, rdministcred by the Strte Corst8t Conscfvancy, to
COUStrUCt 8 St8irW8y over the City’s !k8W811 PfOjeCt 8t Maple Avenue, enrblitg users to r#ch the shore. A maxi- mum of 8100,000 is currently rvailabfe in the Carlsbad Mitigation Account for this recess project, provided that the funds are not needed for higher priority uses established for tbe Mitigation Account by legislrtion (AB 1291 - Frttce, Chipter 480, Statutes of 1987). No other such uses require funds from the 8ccount 8t this time.
The City wish& to proceed with the Maple Avenue atain and will p8y for 811 costs over the rvailrble SlOO,OOO. The Conservancy previously approved funding for the construc- tion of Sycamore Stairway (now completed) which WIS one of the ori&ka! three stairways 8t the %8wrll Projact for which the City requested Conwrvrncy funding.
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STATE COASTAL CONSERVANCY
Staff Recommendation
January 21, 1988
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MAPLE AVENUE-SEAWALL ACCESS STAIRWAY
File No. 86-045 Project Manager: Nanette Alforque
STAFF RECOMMENDATION: Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant to Sections 31400 cf seq. and 30171.5 of the Public Resources Code:
‘The State Coastal Conservancy hereby l uthorites disbursement of an amount not to exceed one hundred thousand dollrrs (SlOO,OOO) from the ‘Carlsbad Mitiga- tion Account’ in the Strte Coastal Conservancy Fund to the City of Clrlsbad for the construction of an access stairwry from the terminus of Maple Avenue to CIrlsbrd State Beach, subject to the following condi- tionr
1. Prior to the disbursement of any funds, the City shrll submit for the review rnd rpproval of the Executive Officer of the Conservancy the follow- in#z
8. A find work program for the project includ- ina 8 budget, detailed working drawinks, and
8 co8strl 8ccess sianin plm;
b. Written certifiation thrt funds necess8ry to complete the entire project Ire 8V8il8ble; and
c. The City lrrs recorded certificates of rccep- trnce evidencing tbrt the City hrs rcceptcd IS offers to dedicate easements for open ap8ce rnd public 8ccc88, aummarixed in Exhibit 2 of the rccomglnying staff recom- meadrtioa - ._
t The City shall rpee to operate and maintain the 8cceas at8irwry for 8 period no leas than twenty ycrrs from completion of construction’
St8ff 8h0 MCOmmeudS th8t the Conservrncy 8dOpt the followin findinp besed on the informrtioa 8ud exhibits cont8ined in this 8t8ff recommendttion:
7be Strte Co8stal Conservrncy hereby finds that:
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1.
2
3.
4.
5.
The proposed project is consistent with the purposes and criteria set forth in Chapter 9 of Division 21 of the Public Resources Code (Sec- tions 31400-31405) which authorizes the Coaser-
vancy to aid in the implemcntatioa of a system of
public accessways to and along the state’s coast- line;
The proposed access improvements will serve
greater than local public needs;
The proposed project is consistent with the relevant guidelines and criteria set forth in the Conservancy’s Comprehensive Coastal and San Francisco Bay Access Program Announcement rdopted by the Conservaocy in April 1985;
Expenditure of 50% of collected and hooded Carlsbad Mitigation Account fees for the Maple Avenue Stairway is 8 hiah priority under Public Resources Code Section 30171.5 because the project will provide 8cceas to public beaches in Carlsbad and becrusi these funds 8re not cur- rently needed for higher priority projccta 8t Batiquitos and Bucnr Vistr ta#ooas; md
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The Conservancy bra considered the environment81 effects of the proposed tcceas project 8t C8rlsbrd State Beach 8s descrikd in the Final Environ- mentrl Impact Report (Exhibit 3) certified by the City of Carlrbsd rnd concurs that the project will have no sianifiant impact on the environment..
STAFF DISCUSSION:
Site Description- Carlsbrd Btrb Ikrcb jr Iouted west of CIrlsbrd Boulevrrd
between Pine Avenue rnd Sin Diego G8s rad Electric Com- p8ny.s Encinr Power Plrnt, in the City of Ctrlsbad, about 26 miles north of the City of San Dicgo (Locxtion Mxpr, Exhibit 1). The prrk unit brs rpproximrtely 7,150 feet of ocean frontxae. Existin facilities include three parkin lots rccommodating 270 vehicles rnd one restroom. The beach unit consists of 8 n8rrow strip of cliff-top temce, 8n eroded ocean-facing cliff, 8ad rend tnd cobble betcher The maximum elevation of the temce is 40 feet. Littoral srnd movement consistently rlten the width, elevation and confi#urrtion of the krcb. At times there is no sand, only cobbler. Beach s8nd has been replenished in the post tbrouah periodic dredging of the A#ur Hediondr Lagoon at the southern edge of the plrk boundrry. Principal recraa- tion l ctivitiu include surfin& sunlmthin& fishing 8ud
awimmin&
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Project History- Approval of the requested $100,000 in fundinp would enable the City of CIrlsbad to construct a new access stairway identified as part of the Seawall Project for the area. The Seawall Project consists of 3,100 level feet of reinforced concrete seawall with pedestrian walkway along Carlsbad State Beach.
In August 1986, the Conservancy approved a grant of $192,560 for the construction of one vertical access stairway alon the acawall to provide beach access and for the
restoration of the Ocean Street access stairway to the north of the Seawall Project l re8. An additional S67.485 in funding was requested and granted in February 1987, to cover unforseen increased construction costs and to provide for the total funding of seven wawalI-to-beach stairwells. The seven stairwells were completed in June 1987, rnd completion of the Ocean Street access strirway restoration is anticipated in June 1988. As a condition of accepting the 1986 grant, the City of CIrlsbad rgrced to accept three (3) offers to dedicate later81 beach recess through the Conser- vancy’s Dedications and Donations Program There are still fifteen (15) additional offers to dedicate open space. vertical
rnd later81 8cccss easements in the Carlrbad area (Exhibit 2). Consistent with the Access Proyam policies, l ccept8nce of these offers to dedicate is 8 condition precedent to disbursement of funds under the pent.
The construction of two remriniag 8ccess strirwrys 8t M8ple
8nd Hemlock Avenues will complete the CIrlsbrd Serwrll Project Consul Commission permits hrve rlrcrdy been grrnted which iacorporrte both the proposed Maple Avenue rnd the Hemlock Avenue project& Construction of both strirwtys will provide rdditioorl vertictl 8cceaa from the bluff-top to the berth. The City hs; requested funding from the CIrlsb8d Mitigrtion Account for construction of the higher priority Maple Avenue strirwry. St8ff morn- mends tkrt $l~,~ of the 8V8il8blU fUUd8 be used for this purpoac. The City. will provide the remaining $40,000 to completa the construction. The City rnticipatea using rlternrtive funding sourcea for the proposed Hemlock Ave- nue 8ccess strirwry. (
Project Description- The proposed Maple Avenue 8ccas strirwry ia louted
between the newly constructed Syamore strirway 8nd an existing st8irway at Cherry Avenue, which is 8 Strte PIrks frcility. The proposed Maple Avenue Strirway is rpproxb mutely 500 feet from other access points, consistent with Conservancy 8cccas standards for urban 8re8s Construction of both of the remaining two bluff-to-ae8wrll stairways (Mxple md Hemlock) would provide 8 toal of six (6) ver- tical 8ccess stairways between the seawall and the bluff spanning 8 distance of rbout 3,500 feet rlong the Plcific Co8at Highwry 8t the top of the bluff.
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PROJECT FINANCING: Construction of the Maple Avenue Stairway is estimated at $140,000. The Conservancy would provide $100,000 from the Carlsbad Mitigation Account. The City will provide S40.000 of funds for the project.
The Carlsbad Mitigation Account was established pursuant to Public Resources Code 30171.5 (attached as Exhibit 4). The account consists of fees paid
tr
mitigate the effects of
development on certain sonpri e agricultural lands in the
coastal zone in the City of Carlsbad. (These fees are separate and distinguishable from the agricultural conversion fees paid to the Conservancy under the so-called ?vIello I and II’ Segments of the Carlsbad LCP, which are dedicated to on Agricultural improvements program in the City of Carlsbad and to preservation of agriculture generally throughout the coastal zone.) Funds deposited in the Carls- bad Mitigation Account of the State Coastal Conservancy Fund, currently totalling S200,000, 8re appropriated to the Conservancy solely for the purpose specified in Section 30171.5. As amended, the statute provides for expenditures from the account for sever81 types of projects, in a speci- fied order of priority. First, not less than fifty percent of the fees collected must be expended on the restoration of natural resources rnd wildlife hrbitat in Batiquitos Lagoon, the highest priority us& The second priority use of the funds is the development of 8n interpretive center at Bucna Vistr Lagoon. Provision of 8cccss to the public beaches of Carlsbad is third priority.
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Although it is rnticiprted thrt rdditionrl funds will be paid to the account 8s development of rgricultural lands is permitted, these sututory prioritiea restrict the Conscrvan- oy’s options for use of the funds. Consistent with the requirement thrt fifty percent (go%) of fees collected rnd bonded be expended on the highest priority, 8100,000 of current funds in the Account must be reacrved for the restontion of B8tiquitos kgooa The remrining 8100,000 un be uaed for 8n 8ccess project only if the funds are not needed for the second priority, the hen8 Vist8 L8goon interpretive center. The City of Occrnside has received $165,000 in Environment81 License Plate funds to construct the Interpretive Center building. The shell of the building is completed tnd the Ci o Oceanside hrs rdvrnced S90,000 towrrds completing dl&YL frcilities. Loal fund&sing efforts will provide rdditionrl money needed for exhibit8
SCHEDULE: Coustruction of the klrple Avenue Strirway is 8nticipatcd to begin in the spring of 1988 rnd will be oomplcted within the trme yew.
LOCAL SUPPORT? ktters of support rre rttrched 8s Exhibit 5.
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CONSISTENCY WITH CONSERVANCY ACCESS PROGRAM CRITERIA: Mlalrrr Crlterla
Serves Greater than Local Need: The Carlsbad Seawall is located within the City of Carlsbad. which has a population of 49,000. The population of northern San Diego County and southern Orange County is approximately one million. The project will provide additional and enhanced access to Carlsbad State Beach rnd the beach just to the north. Carlsbad State &rch estimates 900,000 user days per year. The entire Seawall project and new access facilities have already rttracted increased users from the immediate neigh- borhood and city. rdjaccnt inland cities and visitors staying at motels in the vicinity of the site.
Local Coaatel ?rqrrr Comslstemcyt The project site is within the Mel10 II aegmcnt of the Carlrbad Local Coastal Program Land Use Plra, certified by the Coastal Commission on June 3, 1981. The zoning plan for the Mel10 II are8 also has been certified The City of CIrlsbrd brs not yet l p proved the plan or the aoniol; therefore, the Coastal Corn- mission is still issuing parmits for the co8strt zone, 8nd 8 permit for the Maple Avenue Strirway bu been issued. Tbe plan’s shoreline 8ccus policies recommend that 8 compre- hensive 8ccess signing plrn be developed for Carlsbad rnd thrt the City cooperrte with tbe State to insure that lateral berth access is protected and enhanced. The 8ccus signing plan rnd rcceptancc of offen to dedicate 8s required by this recommendation will further these plan policies (policies 73 rnd 7-3, respectively). Provision of 8n rdditional strir- wry is consistent with policy 7-15 which public recess Sh811
be provided.
Co~ststemcy wltb Comwrv88c7 Accua Strm&rlr The M8ple Avenue Strirwry project ia consistent with Access St8nd8rdS
1, 2, 3, 4, 7, l d 12 (general strndrrds relrted to loc8tion
8nd design of 8ccessw8ys. 8cceasw8ya loated in 8re8s of
high erosion hrurd, and specific strndrrds for vertic81 rcceaswrys rnd support frcilities).
U8ar8ilability l f Frmdlng From Amotber Sorrco: To date, the City brs spent S9OS,OOO on the k8w811 Project and hrs only limited funds 8V8i!8b!e to complete the 8cccss phu. Tbe City will provide $40,000 matching funds 8nd will oper- 8te rnd MinUin the strirmy.
krr8sd Acces8z The proposed kkple Avenue recess at8irwry will provide new 8nd improved verticrl 8ccesa.
Selectlam Criteria
Urgucy: Access to the be8cb 8t p8rts of Carlsbad State Berth occurs infornully, awing foot traffic erosion of the
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bluff. The project will not only provide expanded and
improved existing vertical pathways to the beach, but also
will reduce bluff erosion by providing the seawall with
beach access stairways.
Cost Effcctlvaasss: The estimated average USC 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 aad vertical access. The seawall will have aa 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 oa the high usage of the
beach, the proposed project would be cost effective.
Comprebearlre ?rogramr: The proposed project will further the completion of the seawall comprehensive 8cccss program, Acceptance of the fifteen (15) offers to dedicate will assist in the effort to manage, monitor rnd effectively plan opea
spaces aad public access in the retion.
CONSISTENCY WITH CONSERVANCY ENABLING LEGISLATION: The Conservancy is ruthoriscd under Chapter 9 of the Conservancy’s enabling 1eSisIatioa (Public Resources Code 31400 et seq.) to rwrrd grants to public rgeacies for pur- poses of initial development of lands which are suitable for
rnd which will be used for public 8ccesswvlys to and l loag the co8st. The Conservancy mry provide up to the total cost of the initirl development of 8ccessways (Section 31400.2). Tbc COaSerV8nCy mry 8Iso provide assistance to rid public 8Sencies in establishing 8 system of public coastal rccesswrys, rnd related functions (Section 31400.3).
APPLICABLE COASTAL ACT POLICIES: Article 2, Chrpter 3 of the Corstrl Act (Public Resourcer Code Section 30000 l t seq.) speaks apecificrlly to public 8ccesa Section 30210 mrndates thrt:
In c8rtyinS oat the requirement of Section 4 of Article X of the Californir Constitution, mrximum recess, which shall be conspicuously posted, and recre- rtionrl opportunities shrll be provided for all the people consistent with the public rrfety needs and the need to protect public rights, rights of priv8te proper- ty ownen rnd natural resource 8re8s from over use.’
In addition, Section 30121.3 provides thrt:
‘Whenever rppropriate tad terrible, public facilities-
sbrll be distributed thrOUlhOUt an 8re8 so as to miti-
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gate against the impacts, social and otherwise, of
overcrowding or overuse by the public of any single area..
As described in the ‘Project Financing’ Section of this recommendation, the use of Carlsbad Mitigation Account funds for this project is consistent with Section 30171.5.
As required by Subsection (d) of Section 30171.3, staff has consulted with Commission staff and has determined that the proposed project is not one which would mitigate a project otherwise consistent with the Coastal Act.
COMPLIANCE
WITH CEQA: The City Council of Carlsbad certified the Environmental
Impact Report for the Carlsbad Boulevard Bluff Stabilitation Project (Exhibit 3; SCH #84091201) oa January 7, 1986. The Report rddressed the development of several beach access stairways as part of the Seawall Project and did not idcn- tify my si#nificaat effects on the eaviroameat that would be caused by the development of the Maple Avenue Stair- way. Staff coacurs in this rsscssmeat rad recommend that the Conservancy adopt the proposed CEQA findings.
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EXHIBIT 1
Project Locatlom Maps
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hRKmAD SEAWALL PROJECT Sf!rE~7 . 0
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. LEGEND
4i ww BLW ACCESS STAIR CASES *
r OEACM ACCESS STAINWELU
*.--.. . . . . . . . WE;,,LATUtAL ACCESS
ga, SAN0 RAMPS FOR LNEROLNCY VEMELE ACCESS
7 STORY OrrAIN INTERCEPTOR
---e-w LXjSTlNG STORM ORAIN -@Ill k! \ IA AVtNUL
LOCATION MAP EXHIBIT L’
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EXHIBIT i
EXHIBIT 2
OPEN SPACE AND ACCESS DEDICATION$
CIPEN SPACE
Grantor $CC Permit No.
KEL-CAL 6-84-617 LR Partnership 6-82-501 Puesta De1 Sol 5-77-81 Grupe Real Estate 6-84-518
Native Sun Investments 6-83-51
Sears Savings Bank 6-83-613
Kelley Ranch 6-84-617
pCCEs (lateral and Vertical)
Tamarack Investors Ltd.
Mellgren
Brown Sears Savings Bank Carlsbad Inn Klett Hamlln
he h&w
l F2540 6-87-36 6-060270/4B -6-83-613 6-85-492 A77901 6-83-81
FtrssO
Address
APN 207-101-12 to 33 Park Drive Lot 1, Blk A, Hap 1221 APN 211-040-13 APN 203-010-14 APN 206-222-22 APN 207-101-12 & 15; 208-020-17, 18.30, 32 and 33
300 Tamarack Avenue Adams and Hoover Streets 5099 Shore Drive So. end of Harbor Drive 3037 Ocean Avenue 2601 Ocean Avenue 2445 Ocean Avenue
3w o-svaP
+Vertlcal
**Vertical and Lateral Offers to Dedicate
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EXHIBIT 3
Find Ewiro~mea ta1 Impact Report
October 1985
Distributed to Board Membtrs only due to volume oj document
A copy is araitabte /or inspection at the Conservancy’s al/ices
and at the Public Hearing
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EXHIBIT 4
hblic Resources Code Sectlom 30171.5
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! l#m-lsaBmuLABaeslon cab480
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, 2075 IAS PALMAS DRIVE CARLSBAD, CALIFORNIA 9200WW
Offi of rho Uunklprl Projocu
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December 15, 1987
California Coastal Con8ervancy Attention: IW. Alyse Jacobson 1330 Broadway, Suite 1100 Oakland, California 94612
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TELEPHONE (619) 436-l 161
RECEIVED
DEC X1981:
STATE~*ull~~ a .
CITY OF -BAD'S REQUEST ?OR AB 1291 (FRUEE) FUNDING FOR BEACH ACCESS STAIRWAYS
Dear X8. Jacob8on:
With r8fermc8 to our recent tel8phon8 conver8ation concerning th8 City of Car18badg8 raqumt to utilit8 AB 1291 (Frazee) funding for ttm proposed b8ach acc888 8tairway8, attached are the fOllWing doNmmt8:
1.
2.
3.
4.
California Coa8tal Commi88ion p8rmit No. 6-86-313 dated
September 10, 1986, approving th8 Carl8bad Boulevard S8awall proj8ct including th8 beach 8~~888 &airway8 which are the 8ubj8ct of thi8 rogue8t. The Coni88ion permit incorporata8 by raf8ronce tha proj8ct plum, 8pecification8, l nd contract document8 depicting the acea 8tairway8. The88 document8 are on file with the City of Carl&ad.
California Coa8t81 Corni88ion Permit Ho. 6-860313A-2 (Amendment) l pprowd by the Commi88ion on December 8, 1987, for th8 Carl8bad Boul8vard Bluff-top Walkway project which $8 the v8hicl8 by which th8 r8gue8ted beach mea88 8tairWay8 vi11 b8 ixutall8d. The Commi88iong8 finding8 approving th8 pmmit aundmant 8r8 not available 88 of thi8 date. P18am note th8 Ccnf88ion focally approved th p8rmit urmdmnt vith tha deletion of Special Condition8 U, b, and D.
Location map depicting the Carl&ad Roul8vard Soawall project vhich va8 cempl8t8d in Jun8 of 1987.
Location rap depicting th8 Carl8bad Boulevard bluff-top Walkway proj8c-t and tha l xhting md proposed kach access 8tairway8.
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Page Two December 15, 1987 CITY'S REQUEST FOR AR 1291 (F'RAZEE) FUNDING
In general terms, the City proposes the construction of beach access stairvays at ?Saple Avenue and Hemlock Avenue, as indicated in attached Exhibit 4. The access stairways will complete a comprehensive access plan developed by the City of Carlsbad for this area to improve access to public resources by the general
public. With the Coastal Commission's recent permit amendment approval for the bluff-top valkway project, the City has tentatively scheduled construction of the project including the access stairways at Maple and Hemlock Avenues to begin in the Spring of 1988.
Tvo (2) nev access 8tairvays are proposed: Maple Avenue (estimated construction cost of $140,000), and Hemlock Avenue (estimated construction cost of $118,000).
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The City of Carlsbad formally requests the Coastal Conservancy's approval of AH 1291 (Prazee) funds on deposit vith the Conservancy for a portion of the construc$+on of the ?Iapls Avenue access 8tairvay. Con8ervancy 8taff ha8 indicated a total of approximately $100,000 ir available to fund this stairway in accordance with the requirements of amended Section 30171.5 of the Public Resources Code. The City of Carlsbad vi11 fund the balance of the construction including all related adn$nistration and inspection costs estimated to be an additional $40,000 for thi8 8tainfay. The City vi11 continue to pursue alternative funding 8ource8 for the proposed Remlock Avenue access staiway.
Carlabad staff vi11 be attending ths January 21, 1988,
Conservancy meeting to respond to sny questions or additional information that may be required for thi8 item. Thank you for in thim matter.
ejects Manager
JJC:rja
Attachment8
c: Assemblyman Robert hate8 Xichael PfcCollum, Assistant Secretary for Resources, State of California City Manager Assistant City Manager City Engineer
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EXHIBIT B
STATE COASTAL CONSERVANCY
Staff Recommendation
July 22, 1988
CONSENT ITEMS
File Nos. 87-064, 83-35, 86-013, 88-019, 82-003, 86-009
STAFF RECOMMENDATION: Staff recommends that the State Coastal Conservancy adopt the following resolution, pursuant to Public Resources Code Sections 3 1000 et seq.:
“The State Coastal Conservancy hereby:
a. Author&s the amendment of Conservancy grant #87-064 to permit the construction of a stairway at Hemlock Avenue in the City of Carlsbad. All
other terms and conditions of the contract shall
remain unchanged;
b. Authorizes the People’s Self Help Housing Cor-
poration (PSHHC) to apply one hundred sixty-five
thousand dollars ($165,000) of the San Luis Obispo County Housing Mitigation fee to acquire an
alternate site (assessor’s Parcel #68-301-l 1)
instead of the site previously author&d for
acquisition by the Conservancy for the develop-
ment of Phase I construction of 40 rental units
for very low income ctderly in the City of Morro
Bay; and authorizes the Executive Officer to
amend the grant agreement with PSHHC for the
acquisition of the alternate site and to extend the
close of escrow to June 1, 1989. This authoriza-
tion is subject to the following conditions:
1. No funds shall be disbursed for acquisition
until the Executive Officer has reviewed and
approved all acquisition documents including
title reports, escrow instructions, agrce-
merits, deeds, and an appraisal of the pro-
perty to be acquired;
2. The purchase price shall not exceed fair
market value of the property, as established
by the approved appriasal; and
3. All relevant terms and conditions of the pre- vious authorization shall apply to this alttr-
native acquisition;
C. Authorizes disbursement of an amount not to
exceed fifteen thousand dollars ($15,000) to a Bay
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WHEREAS, the marine environment is one of the most valuable resources for recreation, tourism, fishing and other coastal industries; and
WHEREAS, the State Coastal Conservancy is strongly committed to the wise management of the coastline to ensure that the environmental and economic value of the coastal zone will be
sustained; and
WHEREAS, preserving the productivity and quality
of coastal resources requires public awareness and
support and an understanding that protection of the coast is a responsibility shared by individual citizens, the business community and public insti- tutions; and
WHEREAS, national Coastweeks will be held from September 17 through October IO;
NOW THEREFORE, be it resolved, that the State
Coastal Conservancy bercby rccognizcs and sup-
ports the designation of September 17 through
October 10, 1988 as ‘COASTWEEKS.
Staff further recommends that the Conservancy adopt the
following finding:
“The State Coastal Conservancy hereby finds that:
a. 1. The Hemlock Avenue stairway project is consistent with the purposes and criteria set forth in Chapter 9 of Division 21 of the Public Resources Code (Sections 31400-31405) which author&s the Conservancy to aid in
the implementation of a system of public
rccessways to and along the state’s coast- line;
2. The proposed access improvements will serve greater than local public need;
3. The proposed project is consistent with the relevant guidelines and criteria set forth in
the Conservancy’s Comprehensive Coastal and San Francisco Bay Access Program An- nouncement adopted by the Conservancy in April 1985;
4. Expenditure of funds from the Carlsbad Mitigation Account for the Hemlock Avenue Stairway is a high priority under Public Resources Code Section 30171.5 because the project will provide access to public beaches
J-3
2. Disposition of the Percy Gardens property as
provided in this authorization will help to carry out the policies and objectives of Chapter 9 of Division 21 of the Public Resources Code, to implement a system of public accessways to and along the coastline, and with the authority of the Coinservancy
under Public Resources Code Section 31107,
to direct the transfer of any interest in land
pursuant to an implementation plan approved
by the Conservancy;
e. The implementation plan for disposition of the Sea Ranch Transfer Site is consistent with the “Property Disposal Guidelines” established by the Conservancy and the Department of General Services, and approval of the implementation plan
is consistent with the authority of the Conscr- vancy pursuant to Sections 31107 and 31107.1 of the Public Resources Code; and
f. 1. Under Lease No. L86-009-A. the lessee’s exercise of the Conservancy’s interest in water right Licence No. 1912 on Waddell Creek can result in removal of all water from the stream below the irrigation pump operated by the lessee;
2. The Department of Fish and Game has set minimum pump-bypass requirements to pre-
vent further dcwrtcrings of Waddcll Creek;
3. Under Public Resources Code Section 31150,
the Conservancy is required to take feasible
action to return to private USC or ownership
all lands acquired for agricultural prcserva- tion, with appropriate USC restrictions;
4. The minimum pump-bypass requirements set
by the Department of Fish and Game are an
appropriate USC restriction; and
5. The Conservancy’s rutborization to terminate
the lease in the event of the lessee’s failure
to comply with the minimum bypass require-
ments is a reasonable and desirable means of
enforcing the restriction and preventing further dewatcrings of Waddcll Creek.
STAFF DISCUSSION: These projects are discussed in the following Project Synop-
ses a., b., c., d., c., f., and g.
J-5
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Office of the Cify Clerk
TELEPHONE
(619) 434-2808
August 25, 1988
California Coastal Conservancy
Attn: Alyse Jacobson
1330 Broadway, Suite 1100
Oakland, CA 94612
AGREEMENT 87-064
The Car&bad City Council, at their meeting of August 23, 1988,
approved an amended agreement with the California Coastal Conservancy
for funding for the construction of beach access stairways at Maple
and Hemlock Avenues.
Enclosed is a copy of Resolution No. 88-304, approving the amended
agreement. Also enclosed are five (5) executed copies of the amended
agreement.
Please return an original agreement to us when fully executed.
Thank you for your assistance in this matter.
ALETHA L. RAUTENKRANZ
City Clerk
ALR
Enclosures
’ STANDARD AGREEMEN. APPROVED BY THE - AlTORNEY GENERAL
1 2 STATE OF CALIFORNIA STD. 2 IREV. 2/85)
0 CONTRACTOR
0 STATE AGENCY
0 DEPT. OF GEN. SE
0 CONTROLLER
THIS AC;HEEhlENT, made and entered into this 11 date of February (1988, in the State of (Yifornia. by and between State of California, through its duly elected or appointed. :: qualified ancl acting 0
TITLE OF OFFICER ACTING FOR STATE AGENCY hcrraftcr rolled the State. and CONTRACT NUMBER AM. N(.
Executive Officer State Coastal Conservancy 87-064
hereafter called the Cot~trac!or. CONTRACTOR’S I.D. NUMBER
Citv of Carlsbad
k%‘ITNESSETH: That the Contractor for and in consideration of the covenants, conditions. agreements, and stipulations of the Stat
hereinafter espressed, does hereby agree to furnish to the State services and materials, as follows:
(SC,/ forth wrcicc fo he rendered by Contractor. amount to b paid Confractor. time for performance or completion. and attach plans and ,specifu-atlons. if any.)
SCOPE OF AGREEMENT
Pursuant to Sections 30171.5 and 31400 et seq. of Division 21 of the Public Resources Code, the State Coastal Conservancy (hereinafter the "Conservancy") hereby grants to City of Carlsbad (hereinafter the "Grantee") a sum not to exceed one hundred thousand dollars ($100,000.00), subject to the terms and conditions of this Agreement. These funds shall be used by Grantee to complete the following described project (the "Project"):
Construction of a public access stairway from the terminus of Maple Avenue to Carlsbad State Beach.
The Grantee shall carry out 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.
CONTINUED ON - SHEETS; EACH BEARING NAME OF CO~~~bA”adD’C~~CP~~BER.
The provisions on the reverse side hereof constitute a part of this agreement.
IN WITNESS WHEREOF. this agreement has been executed by the parties hereto, upon the date first above written.
Peter Grenell CLAUDE A. LEWIS, Mayor
TITLE ADDRESS Executive Officer 2075 Las Palmas Drive, Carlsbad, CA 92009
z AMOUNT ENCUMBERED PROGRAM/CATEGORY (CODS AND TITLEI ( FUND TITLE
I hrrehy certify thaf ail conditions for eremption set forth in Stale Administrative Manual Swfion 1209 haw
lxw~ contpl~ed with and this document is exempt from review by the Department of Finanw.
SIGNATURE OF OFFKZER SIGNING ON BEHALF OF THE AGENCY DATE
Y
Department of General Services
Use Only
I certify that this grant
agreement is exempt from
Department of General Servj
approval.
City of Carlsbad
Contract No. 87-064
Page Two
CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT
The Grantee shall not commence construction of the Project and the Conservancy shall not be obligated to disburse any funds under this Agreement unless and until the following conditions precedent have been met:
(1) A Resolution has been adopted by the City Council of the Grantee authorizing the execution of and approving terms and conditions of this Agreement.
(2) The Executive Officer has approved in writing:
(a) the Work Program for the Project;
(b) the plans for the erection of signs and placards as described in the "SIGNS" section of this Agreement;
(c) the qualifications of all sub-contractors that the Grantee intends to employ to construct the Project or any separable component of it written evidence has been provided to the Conservancy that each such subcontractor has complied with the bonding requirements described in the "BONDING" section of this Agreement.
(3) Writtenevidence has been provided to the Conservancy:
(a) that all permits and approvals necessary to the completion of the Project under applicable local, State and Federal laws and regulations have been obtained;
(b) that Grantee has provided for liability insurance and an additional insured endorsement as described in the "LIABILITY" section of this
Agreement.
(c) that Grantee has provided for fire and other loss insurance as described in the "LOSS INSURANCE" section of this Agreement.
(4) Written certification that funds necessary to complete the entire project are available has been provided to the Executive Officer.
(5) The Grantee has recorded certificates of acceptance evidencing that the Grantee has accepted fifteen (15) offers to dedicate easements for open space and
pub1 ic access, summarized in Exhibit 2 of the Conservancy Project Synopsis attaced to the Agreement as Exhibit A.
Notwithstanding the above, Grantee may connnence preparation of plans, specifications and engineering work upon meeting conditions precedent No. 1 and No. 5, and upon the Executive Officer's review and approval of a separate work program (tasks, budget and timeline) and a statement of the qualifications of any subcontractors who will be retained to perform said work.
City of Carlsbad
Contract No. 87-064
Page Three
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 December 31, 2008 (the "Termination Date") unless otherwise terminated or amended as provided herein.
The signature of the Executive Officer of the Conservancy on this Agreement certifies that at its January 21, 1988 meeting, the Conservancy adopted the Resolution included in the Staff Recommendation, attactched hereto as Exhibit A. This Agreement is executed pursuant to that authorization.
City of Carlsbad Contract No. 87-064 Page Four
Standard Provisions
Prior to commencement of construction, the Grantee shall submit to the Executive
Officer for review and written approval as to its 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 a Final Project Completion Date; and (3) a detailed Project
Budget. The 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 Work Program shall have the same force and effect as if included in the text of this Agreement but may be modified without amendment of this Agreement upon submission of a modified Work Program and written approval thereof by the Executive Officer. In the event of inconsistency betweena the language of this Agreement and of the Work Program, the language of this Agreement shall be controlling.
The Grantee shall construct the Project in accordance with the approved Work
Program.
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 (100%) of the contract value; and for labor and materials, one hundred percent (100%) of the contract value. This requirement shall not apply to any subcontract for less than $20,000.
.
City of Carlsbad Contract No. 87-064 Page Five
SIGNS
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 placards acknowledging Conservancy assistance, unless Grantee incorporates this acknowledgement into other signage in a manner approved by the Executive Officer. Such placards shall be provided by the Conservancy to the Grantee for this purpose. Plans describing the number, design, placement, and wording of such signs and placards 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 placards in the manner approved by the Conservancy.
COSTS AND DISBURSEMENTS
Upon determination by the Conservancy that all "CONDITIONS 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 the amount of this grant as follows:
Disbursements shall be made on the basis of costs incurred to date, less ten percent (lo%), upon satisfactory progress in accordance with the approved Work
Program and upon submission of a "Request for Disbursement" form, which shall be
submitted no more frequently than monthly but no less frequently than quarterly.
Disbursement of the ten percent (10%) so withheld shall be made upon satisfactory
completion of construction of the Project and compliance with the "Project
Completion" section of this Agreement.
The Grantee shall request disbursements by filing with the Conservancy fully executed "Request for Disbursement" forms (available from the Conservancy) 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 itemized description of all work done for which disbursement is requested, and the signature of an official authorized 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.
The Grantee shall expend funds in the manner described in the approved Project
City of Carlsbad Contract No. 87-064 Page Six
EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS (Continued)
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 this 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 a written amendment to this Agreement.
PROJECT COMPLETION
Within ninety (90) days of completion of construction 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 a registered architect or engineer or the Grantee's Public Works Director certifying completion of the Project according to the approved Work Program; (2) a fully executed final "Request forDisbursement" form; and (3) "as built" drawings of the completed Project.
Prior to the completion of construction of the Project, 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 of construction, 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 imnediate repayment to the Conservancy of all amounts disbursed by the Conservancy under this Agreement *ON. if yes type: plus accrued interestAOAC. 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.
City of Carlsbad Contract No. 87-064 Page Seven
OPERATION AND MAINTENANCE
The Grantee agrees to maintain the facilities and structures constructed as part
of the Project and to operate these facilities and structures consistent with the
purposes for which the Conservancy's grant was made throughout the term of this Agreement. The Grantee agrees to assume all operations and maintenance costs of these facilities and structures and the Conservancy shall not be liable for any cost of such maintenance, management, or operation. The Grantee may be excused from its obligations for operation and maintenance during the term of this Agreement only upon the written approval of the Executive Officer.
For purposes of this Agreement, "operations costs" include direct costs incurred for material and labor needed for operations 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.
Throughout the term of this Agreement, the Conservancy shall have the right to inspect the Project area to ascertain compliance with the provisions of this Agreement.
LIABILITY
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 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.
Throughout the term of this Agreement, Grantee shall provide and maintain public liability and property damage insurance for liability assumed by the Grantee under this Agreement with minimum limits of liability as follows:
A single limit for Bodily Injury and Property Damage liability combined of
$1,000,000 each occurrence and $1,000,0000 in the aggregate.
F
City of Carlsbad Contract No. 87-064 Page Eight
LIABILITY (Continued)
Such insurance shall be issued by a company or companies admitted to transact business in the State of California. The liability insurance policy shall
contain an endorsement specifying that:
(a) The State of California, its officers, agents and employees are included as additional insurers for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement;
(b) The policy will not be cancelled or reduced in coverage without thirty (30) days' prior written notice to the Conservancy; and
(c) The Conservancy is not responsible for premiums and assessments on the insurance policy.
Nothing in this Agreement is intended to create in the public or any member thereof rights as a third party beneficiary hereunder.
Throughout the term of this Agreement, Grantee shall provide and maintain
insurance against fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to this Agreement. Such insurance shall be issued by a company or companies admitted to transact business in the State of California. The insurance policy shall contain an
endorsement specifying that:
(a) The policy will not be cancelled or reduced in coverage without thirty (30) days' prior written notice to the Conservancy; and
(b) The Conservancy is not responsible for premiums and assessments on the
insurance policy.
AUDITS/ACCOUNTING/RECORDS
The Grantee shall maintain satisfactory financial accounts, documents, and records relating to the construction of the Project which shall be retained by the Grantee for three years following the date of final disbursement by the Conservancy under this Agreement, regardless of the Termination Date, 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 No. 87-064
Page Nine
NONDISCRIMINATION
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 disability, physical 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 sea.) and the applicable regulations promulgated thereunder (California Administrative Code,
Title 2, Section 7285.0 et sea.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12900 & sea., set forth in Chapter 5 of Division 4 of title 2 of the California Administrative 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.
The Grantee, and the agents and employees of 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
Grantee either in whole or in part.
TIMELINESS
Time is of the essence in this Agreement.
Except as expressly provided herein, 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.
This Agreement is deemed to be entered into in the County of Alameda.
STATE COASTAL CONSERVANCY
Project Summary January 21, 1988
MAPLE AVENUE-SEAWALL ACCESS STAIRWAY
File No. 86-045 Project Manager: Nanette Alforque
REQUESTED ACTION: Authorization to disburse an amount not to exceed S100,OOO from the Carlsbad Mitigation Account to the City of Carls- bad for the construction of the Maple Avenue Stairway to further complete the Scawall Project at Carlsbad State Beach.
SHORT DESCRIPTION: Construction of a beach access stairway at Maple Avenue in the City of Carlsbad to provide expanded access to the shoreline.
LOCATION: City of Carlsbad, San Diego County, South Coast District (Exhibit 1).
t PROGRAM CATEGORY: Coastal Access
FINANCIAL SUMMARY: Carlsbad Mitigation Account 100,000 City of Carlsbad 40,ooo Conservancy Bond Funds 9-
TOTAL: Estimated Construction Costs $140,ooo
PROJECT SUMMARY: The City has requested funds from the Carlsbad Mitigation
Account, administered by the State Coastal Conservancy, to
construct 8 strirway over the City’s &awafl Project at
Maple Avenue, enabling users to reach the shore. A maxi-
mum of $100,000 is currently rvailable in the Carlsbad Mitigation Account for this access project, provided that the funds are not needed for higher priority uses established for
the Mitigation Account by legislation (AB 1291 - Fratee,
Chapter 480, Statutes of 1987). No other such uses require funds from the account rt this time.
The City wish& to proceed with the Maple Avenue stairs and will pay for all costs over the available SlOO,OOO. The Conservancy previously approved funding for the construc- tion of Sycamore Stairway (now completed) which was one of the original three stairways at the Scawall Project for
which the City requested Conservancy funding.
Cl
C
I. The proposed project is consistent with the purposes and criteria set forth in Chapter 9 of Division 21 of the Public Resources Code (Sec- tions 31400-31405) which authorizcs the Conser-
vrncy to rid in the implementation of a system of
public 8cccssways to and rlong the state’s colst-
line;
z The proposed 8ccess improvements will scrvt arerttr than local public needs;
3. The proposed project is consistent with the relcv8nt #uidelines rnd criterir set forth in the Conservrncy’s Comprehensive Corstrl rnd S8n Frrncisco Bty Access ProgrIm Announcement
rdopted by the Conservracy in April 1985;
4. Expenditure of 509b of collected rod bonded
CIrlsbrd Mitigrtioa Account fees for the M8plc
Avenue Stsirwry is 8 high priority under Public
Resources Code Section 30171.5 because the
project wilt providd 8ccess to public beaches in
CWrbrd rad becrud-.these- fuads :UC #at‘ cut-
-
reatly needed for higher prigrity projects it B8tiquitos 8nd Bucar Vistr Lr#ooas; and ,$ 3-7
5. The Coaservracy hu considered .thi eMron6eatrl
effects of the proposed 8cccss project rt Csrlsbrd
Strte Besch 8s describsd in .the Fin81 Environ-
mCat8l Imprct Report (Exhibit 3) certified by the
City of Ctrlsbrd rad concurs thrt the project will
h8ve no si~aifiaat imprct on the environment..
STAFF DISCUSSION: Site Dcscriptioa- C8rlsb8d Bt8tc Ikacb is toated west of CIrlsbrd Boulevrrd between Pine Avenue rad S8n Dicgo G8s rnd Electric Com-
pray’s Eacia8 Power Plrat, in the City of C8rlsbrd. rbout 26 miles north of the City of S8a Diego (Locrtioa M8ps. Exhibit 1). The prrk unit hrs rpproximrtely 7,150 feet of ocern frontrge. Existing frcilities include three prrkiag lots rccommodrtiq 270 vehicles l d one restroom. The berth
unit consists of 8 n8rrow strip of cliff-top terrrce, 8n eroded ocern-frciag cliff, rad uad tad cobble be8ches.
The maximum elevttioa of the terrrcc is 40 feet. Littoral
ssad movement consistently rlten the width, clevttioa rad
coofigurrtion of the belch. At times there is no rend, only
cobbles. Berth und hrs been replenished in the p8st
through periodic dredging of the Asur Hediondr L88ooa it the southern edge of the prrk bouadrry. Priaciptl recrs8- tioa rctivities include surfing, suabsthia#, fishing rnd swimming.
1. The proposed project is consistent with the purposes and criteria set forth in Chapter 9 of Division 21 of the Public Resources Code (Sec- tions 3 J400-31405) which ruthorizcs the Conscr- vancy to rid in the implementation of a system of public rcccssways to rnd tlong the state’s coast- line;
2. The proposed recess improvements will serve
greater than local public needs;
3. The proposed project is consistent with the rclcvrnt guidelines rad criterir set forth in the
Conrervrncy’s Comprehensive Co8staJ rnd San
Francisco Boy Access Program Announcement
rdopted by the Coawrvracy in April 1985;
4. Expenditure of 50% of collected rad bonded
C8rlsb8d Mitigrtioa Account fees for the Maple Avenue Stairway is 8 high priority under Public
Resources Code Section 30171.5 because the
project will provide recess 80 public beaches in -
C8rlsbad rnd bcctuse these funds ..are hot cur-
rently needed for, higher priority projects 8t
BPtiquitos rnd Buenr Vistr L8gooas; 8ad
5. The Coaservracy hrs considered the environment81
effects of the proposed 8ccess project 8t C8rlsb8d State Birch 8s described in .the Fin81 Environ-
meat81 Imprct Report (Exhibit 3) certified by the
City of Clrlsbrd rad concurs thrt the project will
hrve no sigaifiant imprct on the caviroamcat.g
STAFF DISCUSSION: Site Description- C8rhbrd Strtc I)srch is located west of Clrlsbrd Boulcvrrd between Pine Avenue rnd S8n Dicgo Gas rad Electric Com- pany’s Eacinr Power Plrat, in the City of Clrlsbrd, rbout 26 miles north of the City of S8a Diego (Locrtioa Mps, Exhibit I). The prrk unit hrs rpproximrtely 7,150 feet of
occ8a frontogc. Existing frcilities include three prrking Jots
8CCOmmOd8tiEg 270 vehicles l d one restroom. The berth
unit consists of 8 n8rrow strip of cliff-top terrrcc, 88
eroded ocean-frciag cliff, rad und rad cobble bcrches.
The mrximum elevttioa of the terrrce is 40 feet. Littorrl
srnd movement consistently rlters the width, clevrtion rnd
configurrtioa of the bcrch. At times there is no soad, only
cobbles. Beach srnd hrs ken replenished in the past through periodic dredging of the Agur Hediond8 L8goon rt the southern edge of the prrk boundrry. Priaciprl rccre8- tion 8CtiVitkS include surfing, sunbrthiag, fishing rnd swimming.
c3
t
C
Project Hittory- Approval of the requested $100,000 in funding would enable
the City of CIrlsbad to construct 8 new 8CCCSS stairway
identified 8s part of the Serwrll Project for the rret. The
Seawrll Project consists of 3,100 level feet of reinforced
concrete seaw811 with pedestrian walkway rloag Carlsbad State Bcoch.
In August 1986, the Conservtncy ipproved 8 grant of
$192,560 for the construction of one vertical 8cccss stairway along the seerwrll to provide beach 8cccss 8nd for the restoration of the Ocean Street 8cccss stairwry to the north of the Scawoll Project rrer. An rdditioarl $67,485 in funding WIS requested tnd grrnted in February 1987, to cover unforsccn iacreosed construction costs rnd to provide for the tot81 funding of scvea #erw8~bto-bc8ch strirwclls.
The seven strirwells were completed in June 1987, rnd
completion of the &era Street 8ccess stairwry restorrtion is raticiprted in June 1988. As 8 condition of rcccpting the 1986 grtnt, the City of C8rlrbad rgreed to rccept three (3) offers to dcdicrtc lrtcrrl bcrch 8ccess through the Conser-
vrncy’s Dcdicrtions rnd Donations Progrrar. There 8re still
fifteen (15) rdditionrl offers to dedicate open sp8cc. vertic81 8Ed lrtcrrl lcccss e8semeats in the CIrlsbrd 8rCt (Exhibit 2). Consistent with the Access Progrrm policies, 8cceptrace
of these offers to dedicrte is 8 condition precedent to disbursement of funds under the grrat.
.
The construction of two remaining 8cccss stairw8ys It %f8ple
8ad Hemlock Avenues will complete the C8rlsbrd Scrwrll Project. Co8strl Commissioa permits hrve 8lre8dy been grrated which incorporate both the proposed M8plc Avenue rad the Hemlock Avenue projects. Construction of both strirwrys will provide rdditioa81 vettics 8ccess from the bluff-top to the bcrch. TJte City hz; requested funding from the C8rlsbrd Mitigrtioa Account for construction of the higher priority kliple Avenue strirwry. Strff recom- mends thrt $100,000 of the rvrilrble funds be used for this
purpose. The City. will provide the remriaiag S40,OOO to complete the construction. The City rnticipttes using rlterartive funding sources for the proposed Hemlock Ave-
nue 8ccess strirwry.
Pro&t Dcscriptioa- The proposcd Maple Avenue access strirwry is locrted between the newly constructed Sycrmore strirwiy 8nd 8n
existing strirwty 8t Cherry Avenue, which is 8 Strte P8rks
f8Cility. The proposed J&ple Avenue Strirwry is rpproxi-
mrtely 500 feet from other ICCCSS points, consistent with Coascrv8acy 8ccess stradrrds for urbra 8rcIs. Coastructioa of both of the remriaing two bluff-to-SC8W811 strirwrys (Maple rad Hemlock) would provide 8 tot81 of six (6) ver-
ticrl 8cccss strirwrys between the serwrJ1 rad the bluff
sp8aniag 8 dirtrace of rbout 3,500 feet rloag the P8cific
Corst Highwry 8t the top of the bluff.
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PROJECT FINANCING: Construction of the Maple Avenue Stairway is cstimrrted 8t $140,000. The Conservancy would provide $JOO,OOO from the Carlsbad Mitigation Account. The City will provide S40.000 of funds for the project.
The Carlsbrd Mitigation Account wss cstrblishcd pursurnt to
Public Resources Code 30171.5 (rttochcd 8s Exhibit 4). The
rccouat consists of fees prid
fr
mitig8te the effects of
development on ccrtria-aonpri e 8gricuItural lrads in the
coastal zone in the City of C8rlsbad. (These fees 8rc
separrte 8nd distiaguishtble from the rgriculturol conversion
fees prid to the Coascrvracy under the so-called We110 I
and II’ Segments of the C8rlsbrd LCP, which 8rc dcdicrted
to on Agriculturrl improvements progr8m in the City of Carlsbrd 8Ed to prcservrtioa of lgriculture generally
throughout the co8strl zone.) Funds deposited in the C8rls- bad Mitigation Account of the State Coost81 Conservracy Fund, currently totalling $2OO,OOO, 8re rpproprirted to the Conserv8acy solely for the purpose specified in Section
3OJfl.S. As rmeaded, the strtute provides for expenditures from the recount for sever81 types of projects, in 8 speci- fied order of priority. First, not less thra fifty percent of the fees collected must be expended on the restorrtion of
UaturrJ resources rad wildlife hrbit8t in BItiquitos Lrgooa, the highest priority use. The second priority USC of the
funds is the development of 88 interpretive ceater rt Bueal Vistr Llgooa. Provision of 8cccss to the public berches of CIr!sbrd is third priority.
Although it is laticiprtcd thrt tdditioarl funds will be prid to the recount 8s development of ligriculturrl lrads is permitted, these strtutory priorities restrict the Coascrvra- cy’s options for use of the funds Consistent with the requirement thrt fifty percent (%%) of fees collected 8Ed bonded be expended on the highest priority, $100,000 of current funds in the Account must bs reserved for the restorrtion of B8tiquitos kgoon. The nmrining $100,099
cm be ased for 8n recess project only if the funds 8re not needed for the second priority, the Rue88 Vistr L8gooa interpretive ceater. The City of Ocsrnside hrs received S165.000 in Environment81 License Plrte funds to construct the Interpretive Ceater building. The shell of the building is completed rad the Ci o Octraside hrs 8dvraced $90,000 towrrds completing oii&.lk frcilities Loc81 fundrlrisiag efforts will provide 8dditioa81 money needed for exhibits.
SCHEDULE: Construction of the Maple Avenue Strirwry is 8aticiprtcd to begin in the spring of 1988 l d will be completed within the 88me yerr.
LOCAL SUPPORT: Letters of support rte rttrched 8S Exhibit 5.
CS
CONSISTENCY WJTH
CONSERVANCY ACCESS PROGRAM CRITERIA: MJnlmur Crlterla
Serves Grcztcr than Local Need: The Carlsbad &wall is
located within the City of Carlsbad, which has 8 population
of 49,000. The population of northern San Diego County
rnd southern Oringe County is rpproximatcly one million.
The project will provide rdditional rnd enhanced access to Carlsbad State Beach rnd the beach just to the north. Carlsbad State Retch estimates 900,000 user days per year. The entire Scow811 project 8nd new 8cccss focilitics have 8lready 8ttrrcted increased users from the immediate neigh- borhood 8ad city, rdj8ceBt ialrad cities and visitors staying
8t motels in the vicinity of the site.
t Local Coastal ?rograr Comslstemcy: The project site is within the MelJo II segment of the C8rlsbad Locrl Coast81 Progrrm L8nd Use Plra, certified by the Corstrl Commission
on June 3, 1981. The zoning plrn for the Mel10 II 8re8 81~0
hrs been certified. The City of Clrlsbrd hrs not yet rp-
proved the plra or the zoning; therefore, the Corstrl Corn- mission is still issuing permits for the coast81 zone, rad 8 permit for the WpJc Avenue Strirwry hu been issued. The plank shoreline 8ccess policies recommend thrt 8 compre- hensive 8cccss signing plia be developed for CIrlsbrd l d thit the City coopcrrte with the Strte to insure thrt later81 bcirch 8CCCss is protected rnd enhrnccd. The lccess signing plan 8Ed rcceptrnce of offers to dedicrte 8s required by this recommcad8tioa will further these plra policies (policies
7-2 rad ‘I-3, respectively). Provision of 88 rdditioarl strir-
wry is consistent with policy 7-15 which public 8ccess shall be provided.
Comslshmcy with Comsarvrmcy Access Strmd8rdr: The klrple
Avenue Strirwry project is consistent with Access St8BdirdS 1, 2, 3, 4, 7, rad It (geaerrl strndrrds relrtcd to loc8tioa rad design of 8ccessw8yr, 8ccessw8ys located i8 8rets of high erosion h8s8rd, l d specific strndrrds for vertic81 8ccessw8ys rad support frcilities).
Umavrilability of Fmmdlmg From Amother Source: To drte,
the City hts spent S9OS,OOO on the %rwrlJ Project 8ad hrs only limited funds 8V8iJ8ble to complete the 8ccess plrn. The City wilf provide 340,000 mrtchiag funds rad will opcr- 8te rnd mriatria the strirwry.
Imcreawd Access The proposed JM8ple Avenue 8ccess strirwty will provide new rad improved verticrl 8cccss.
Selectlom Criteria
Urgemcy: Access to the berth It p8rts of Crrlsbrd st8tC &rch occurs iaformrlly, crusiag foot tnffic erosion of the
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bluff. The project will not only provide expanded and improved existing vertical pathways to the beach. but also will reduce bluff erosion by providing the scawall with
beach access stairway%
Cost Elftcttvtatss: The estimated rverage USC 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 SO years, while
the access facilities are required to be maintained by the
rpplicant for twenty yeorr 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.
Comprtbtmstvt hograms: The proposed project will further the completion of the seawall comprehensive access program. Acceptance of the fifteen (15) offers to dedicate will assist in the effort to manage, monitor l d effectively plan open spaces and public access in the region.
CONSISTENCY WITH CONSERVANCY ENABLING LEGISLATION: The Conservancy ir l utborized under Cbapter 9 of the Conservancy’s enabling legislation (Public Resources Code 31400 et SCQ.) to award grants to public agencies for pur- poses of initial development of lands which are suitable for and which will be used for public accessways to l ad along the oonst. The Conservancy may provide up to the total cost of the initial development of rcceuwrys (Section 31400.2). Tbe Conservancy may also provide assistance to rid public rgencies in establishing a system of public coastal rccesswrys, rnd related functions (Section 31400.3).
APPLICABLE COASTAL ACT POLICIES: Article 2, Chapter 3 of the Consttl Act (Public Resources Code Section 30000 CC seq.) speaks specifically to public
l cceas. Section 30210 mandates that:
In urrying out the requirement of Section 4 of Article X of the California Constitution, maximum recess, which shall be conspicuously posted, and recre-
ational opportunities sbrll be provided for all the
people consistent with the public ufety needs and the
need to protect public rights, rights of private proper-
ty owners and natunl resource areas from over use?
In addition, Section 30121.3 provida that:
Whenever appropriate and fersible, public facilities.... rhrll be distributed throughout an area so as to miti-
gate against the impacts, social and otherwise, of
overcrowding or overuse by the public of any single area..
As described in the .Project Financing. Section of this recommendation, the use of Carisbad Mitigation Account funds for this project is consistent with Section 30171.5. As required by Subsection (d) of Section 30171.5, staff has consulted with Commission staff and has determined that the proposed project is not one which would mitigate a project
otherwise consistent with the Coastal Act.
COMPLIANCE WITH CEQA: The City Council of Carlsbad certified the Environmental
impact Report for the Carlsbad Boulevard Bluff Stabilisation Project (Exhibit 3; SCH e84091201) on January 7, 1986. The Report addressed the development of acveral beach access stairways as part of the Seawall Project and did not idcn- tify any significant effects on the environment that would be caused by the development of the Maple Avenue Stair- way. Staff concurs in this assessment and recommend that the Conservancy adopt the proposed CEQA findings.
EXHIBIT 1
?roject Locrtlo8 M8ps
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4i MW 6LuFF ACCESS STAIR CASES *
-M- BEACH ACCESS STAIRWELLS
. . . .--“‘.,me WE~A~ATERAL ACCESS
gme SAN0 RAMPS POR EMERGENCY VEHICLE ACCESS
25 STORM ORAIN INTERCEPTOR ---m-s E%jSTING STORM ORAIN
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LOCATION MAP
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EXHIBIT L‘
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EXHIBIT A
OPEN SPACE AND ACCESS DEDICATIONcj
f
DPEN SPACE
Grantor
KEL-CAL LR Partnership Puesta De1 Sol Grupe Real Estate Native Sun Investments
Sears Savings Bank Kelley Ranch
CCC Permit No.
6-84-617 6-82-501 S-77-81 6-84-518 6-83-51 6-83-613 6-84-617
/Address
APN 207-101-12 to 33 Park Drive Lot 1, Blk A, Map 1221 APN 211-040-13 APN 203-010-14 APN 206-222-22 APN 207-101-12 6 15;
208-020-17,
18,30, 32 and 33
ACCESS (Lateral and Vertical)
Tamarack Investors Ltd. +F2540 Mellgren 6-87-36 Brown 6-86-278/M Sears Savings Bank -6-83-613 Carlsbad Inn 6-85-492
Klett A77-81
Hamlin 6-83-81
hc habe FzrssO
300 Tamarack Avenue
Adams and Hoover Streets
5099 Shore Drive So. end of Harbor Drive 3037 Ocean Avenue
2601 Ocean Avenue
2445 Ocean Avenue
3301 a-w&
*Vertical **Vertical and Lateral Offers to Dedicate
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EXHIBIT 3
Find Envtronmcatd Impact Report
October 1985
Distributed to Board Members onty due to volume of document
A copy is available for inspection at the Conservancy’s offices
and at the Public Hearing t
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EXHIBIT 4
?rblic Resources Code Section 30171.5
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subdivision 1 . tdd) Otbtr k tfmm8tetkrcoavtrdo8imDutslimr au cdlected¶ Dme d tht aJtigrtiaa km coll~ . pklrsumttotbi8~rbrllbeu8edfu?-bdr~~ . . auwti!uturdccttobcinaaak~~tJ88drvfdon ab pitiertc I ploject w&b would 6thenwGe be fnmns&tent with tMs
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EXHIBIT 5
Letters of Support
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’ 2075 LAS PALMS DRIVE f ARLSBAD, CALIFORNIA 92009450
Office of the Afunftfprl Pro/octt
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cllitp nf Qkrbbab
December 15, 1987
TELEPHONE @lQ) -1161
California Coastal Conservancy Attention: Hs. Alyse Jacobson 1330 Broadway, Suite 1100 Oakland, California 94612
CITY OF CARISBAD'S REQUEST FOR AR 1291 (PRAZEE) FUNDING P'OR BEACH ACCESS STAIRWAYS
Dear Ms. Jacobson:
With reference to our recent telephone conversation concerning the City of Carlsbad's request to utilize AB 1291 (Frazee) funding ior: the proposed beach access stairways, attached are the following documents:
1.
2.
3.
4.
California Coastal Commission Permit No. 6-86-313 dated September 10, 1986, approving the Carlsbad Boulevard Seawall project Including the beach access stairways which are the subject of this request. The Commission permit incorporates by reference the project plans, specifications, and contract documents depicting the access stairways. These document8 are on file with the City of Carl&ad.
California Coastal Commission Permit No. 6-860313A-2 (Amendment) approved by the Cozmission on December 8, 1987, for the Carlsbad Boulevard Bluff-top Walkway project which is the vehicle by which the requested beach access stairways will be installed. The Comsission's findings approving the permit smendment are not available as of this date. Please note the Commission formally approved the permit amendment with the deletion of Special Conditions U, B, and D.
Location map depicting the Carlsbad Boulevard Seawall project which was completed in June of 1987.
Location map depicting the Carlsbad Boulevard Bluff-top Walkway project and the existing and proposed beach access stairways.
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Page Two December 15, 1987 CITY'S REQUEST FOR AB 1291 (F'RAZEE) FUNDING
In general terms, the City proposes the construction of beach access stafrvays at Maple Avenue and Hemlock Avenue, as indicated in attached Exhibit 4. The access stairways will complete a comprehensive access plan developed by the City of Carlsbad for this area to improve access to public resources by the general public. With the Coastal Commission's recent permit amendment approval for the bluff-top walkway project, the City has tentatively scheduled construction of the project including the access stairways at Maple and Hemlock Avenues to begin in the Spring of 1988.
Two (2) new access stairways are proposed: Maple Avenue (estimated construction cost OF $140,000), and Hemlock Avenue (estimated construction cost of $118,000).
The City of Carlsbad formally requests the Coastal Consewancy'6 approval of AR 1291 (Frazee) funds on deposit with the Conservancy for a portion of the construcgon of the Haple Avenue access 6tainuay. Conservancy 6taff has indicated a total of approximately $100,000 is available to fund this 6tairway in accordance with the requirement6 of amaended Section 30171.5 of the Public Resource8 Code. The City of Carlsbad will fund the balance of the construction including all related admini6tration and inspection costs l stiamted to be an additional $40,000 for thi6 stairway. The City will continue to pursue alternative funding sources for the proposed Hemlock Avenue access 6taiway.
Carlsbad 6taff will be attending the January 21, 1988, Coruentancy meeting to rempond to any question6 or additional information that may be required for this item. Thank you for nce in thi6 matter.
oject6 Manager
JJCtrja
Attachments
c: A68emblyman Robert Fratee Michael l4cCollm1, A66istant Secretary for Resources, State of California City Nanager Aesistant City Hanager City Engineer
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