HomeMy WebLinkAbout1976-02-03; City Council; 3528-1; California Coastal Zone Conservation Commission Contract Agua Hedionda Specific Plan' 0 e 'J
k,- CITY OF CARLSBAD
AGENDA BILL NO. 3Akgw a /
DATE: February 3, 1976
DEPARTNENT : p1 arming
Initial : t *
Dept. Hd. -
City Atty-
City Mgr.-
California Coastal Zone Conservation Commission Contract - Wgua Hedil Specific Plan
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SUBJECT:
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Stateflerit Of the Matter In order to implement the Agua Hedionda Lagoon Sue
Plan study authorized by the City Council in January, 1976, ft is necessary that City Council adopt a resolution authorizing the City Manager to execute the Cont Agreement with the California Coastal Zone Conservation Commission. The Coastal Commission has granted $16,003 - to be matched with $8,000 of City fundim for completion of this pilot study.
EXHIBITS :
a) b) c)
Resolution authorizing execution of agreement by the City Eanaaer- w Copy of contract with California Coastal Zone Conservation Commission. Copy of work program and payment schedule as approved by the Office of P1 anni nu 9 Research.
RE CBMV EN D AT I 0 N :
That the City Council authorize the City Manager to execute the contractual agre ment between the California Coastal Zone Conservation Comm-ission and the City of Carlsbad for purposes of preparing the Agua Hedionda Specific Plan study, T2 I
WUNa. 3f46, -7
Counci 1 action
2-3-76 Resolution f3846 was adopted, authorizing the City Manage execute agreement between the California Coastal Zone Con Commission and the City.
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MEMORANDUM
January 23, 1976
TO: CITY MANAGER
FROM: PLANNING DIRECTOR
SUBJECT : CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION CONTRACT AGUA HEDIONDA SPECIFIC PLAN
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Attached please find:
a) Seven copies of California Coastal Conservation Zone Commission-
City of Carlsbad contract for $16,000 grant for preparation of
Agua Hedionda Specific Plan study.
the City Manager to execute said agreement.
b) City Council resolution approving said agreement and authorizing
It is requested that this matter be considered at the next City Council
meeting and that 7 copies of signed contract together with City Council
Resolutions be returned to San Diego Coast Regional Commission as soon as
possible.
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5
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RESOLUTION NO. 3846
R RESOLUTION OF THE CITY COUNCIL (IF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN 'THE CITY OF CARLSBAD AND CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION FOR PREPARATION OF AGUA
HEDIONDA SPECIFIC PLAN AND AUTHORIZING THE CITY MANAGER TO EXECUTE SA15 AGREEMENT
TlTLE OF OFFICE2 ACTING FOR St-AZ
ZXSCUt.;-.? 3;L-ect 31'
_.< INUM AQEMCY
Cdlifoda Coastal Zm-e Ccnser?rzt,?.m Codssbz! 37
, e e ff *' .'
% *- SkANDARI) AGREEMENT NUMBER R7-75- .-
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COMPENSATION ( continued)
dollars and no cents, payable as invoiced according to the attached Annual Work Program Summary a Payment Schedule, which is hereby incorporated into and made an integral pal
of this Agreement. Each invoice shall be approved by the State's Office of
Planning and Research and shall be in triplicate and shall contain the folk
ing items: the Contractor's complete name and address; the Agreement number
a brief but itemized statement BZ to the nature of the invoice; the amount ( the invoice; any necessary cross references to the *.dl Work Program Summ,
and Payment Schedule; and the original signature of an authorized officer 0:
official of the Contractor.
TIME OF PERFORMANCE AND CANCELLATION
The term of this Agreement is from January 1, 1976 through September 30, 19;
unless it is cancelled by either party with or without the consent of the ot
but, with ten (10) working days notice from the withdrawing party to the rerr
~n the event of cancellation, the State dl1 be responsibie for any reasonat debt incurred by the Contractor in the performance of this Agreement up to t
effective date and hour of cancellation and to the monetary limit of the Agr
ment .
Party-
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AUTHORITY
Section 27240 of the Public Resources Code provides that:
"The Commission and each Regional Commission may:
such work or services cannot satisfactorily , , .(b) Contract for any professional services if
be performed by its employees; , , lt
APPROVALS
This Agreement is subject to the advanced review and approval of the State's
Department of Finance, and the Department of General Services. It is exempt
from the approval of the State Personnel Board,
(1)
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STA!!DARD AGREEMENT NUMBER R'7-75.
RESOLUTIONS
The attached resolution statements from the respective policy-making bodies of the contracting parties which indicate the authorization of this Agreernei
by those bodies is hereby incorporated into and made an integral part of th.
Agreement.
STCITFMENT OF ASSURANCES
The attached statement of assurances is hereby incorporated into and made ai
integral part of this Agreement.
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FEDERAL MANAGEMENT CIRCULARS (FMC)
FMC 74-4: Cost principles applicable to grants and contracts with State and
local governments, and FMC 74-7: Uniform administrative requirements for grants-in-aid to State and local governments are hereby incorporated into
this Agreement by reference and made an integral part of this Agreement as
if they were attached.
FAIR EMPLOYMENT PRACTICES ADDENDUM
The attached copy of State Standard Form 3, Fair Bnployment Practices Adden
is hereby incorporated into and made an integral. part of this Agreement,
FEDERAL FUNDING
This Agreement is funded from a third development grant from the National 0
and Atmospheric Administration to the California Coastal Zone Conservation
sion, and is subject to all of the conditions of that grant.
CONTRACTOR'S MATCHING SHARE
The Contrac?cor agrees to match the State's sub grant, either in cash or in in an amount equal to fifty percent, (5%) of the State's sub grant to the
Contractor. and l/3 local government basis. This arrangement Will fund this Agreement on a 2/3(s Federal/S
(2)
e a
RESOLUTION STATEMENT
At its regularly scheduled meeting of Wednesday, January 7, 1976
the State Commission of the California Coastal Zone Conservation Corn-
mission authorized the execution of ten Agreements between the Commis-
sion and the public agencies which follow and for the amounts indicated after each agency.
(1)
(2)
(3) Marin County - $30,000.00;
(4)
(5)
(6)
(7)
(8) Monterey County - $19,000.00;
(9)
(10)
State of California, Office of Planning and Research - $4,000.00;
City of Trinidad - $20,000.00;
City of Santa Cruz - $22,000.00;
Santa Barbara County - $24,000.00;
City of Laguna Beach - $28,000.00;
City of Chula Vista - $9,000.00;
City of Santa Monica - $22,000.00; and
City of Carlsbad - $16,000.00.
The purpose of these Agreements is to assist local governments
with the revisions of their General Plans, Codes, and Ordinances so that they will be in agreement with the California Coastal Zone Conservation Plan.
I certify that the above is true and correct to the best of my knowledge and belief.
/: -&&
/ Executive Director u JOSEPH E,, BOCOVITZ
L.i
St:ptcrnbcr 13, 19; - 0:
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0 I:. *.
.. FAT c 74 -7
Attachment PI
4
PAKT IV
ASSURANCES i
The Applicant hereby cssures and certifizs that he will comply with the rqulations, policies, gc1iclelin.s. and rccluir
inc!ijding O?,IE Circular ?lo. /,,35 c:id FMCs 74 .I orad 7.1.7, 2s they rt;ta:e to thi? ?a~)licatiorl,;ccei?Ijr,c.. arid US.? Of ~
funds for this Federaliy as;istod project. Also the Applicant assures and certifies with res-ct to the Grant that:
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1. It possesses legal authority to apply for the grant; that a Acquisitions Act of 1970 (P.L. 91.643) xhiih
resoiution, mo?ion or similar action has been duly for fair and ecluitablz treaiment of persans iiisgl;
adopted or paswd 5s an GffiCb! Jct .of th? applicant's result of Feclsral and federally assisted programs.
governing body. authorizing the filing Gf the applicaticn,
including all understandings and aj.surancr?s contained
therein, and directicg and 2u:horizing the person identi-
fied ss the official rapresantativo of th? applicant ;o act
in connection with the application and to provide such .
additional information as may be required.
2. It will comply :S'it:7 Tiile VI of tho Civil Rights Act of
1364 (P.L. 88-352) 2nd in accordance with Title VI of
that Act, no person in thz Unired Staios shali, on the
ground of rac2, color, or national origin, b? excluded
from participation in, be clmied the bznefits of, Gf be
otherwise subjeckd io discfinir?aCion under any pro- '
grain or activity isr which th;. applicanr receives Federal
financial assisiance and \%).rill immedia:e!y tdke any rnea-
sum nicessary to sf i~ct~~aie this agreement.
3. it vzili cornp1-i *::iih Title VI of tho Civil Rights Act of
4964 ($2 Use 2L'OOdi prchibiring wnploymen: discii;ni-
pation wherz (1) :he prir;ra:y purpose cf a grant is to
provide employninr cr (2) discriminatory zrnploymsrlt
prac:Ices wii! rssifli in iin?Guai t:oatment of persons viho.
2:e or shou!d bz Swefiting from the granr-aided zc!ivi:y.
4. It *;dill comply with requi:-z:vents of Tit12 I1 ar,d Title Ill
of the Uniform Re!ocarion ASSij:2RCF: and Rzai Prop-rty
5. It will coniply with the ?revisions of ;he H
which limit the political sctiviiy of employees.
6. It will comply wiih the rniriirnum wage 2nd n
hours provisions of the Federal Fsir L;jor 5
Act, 2s they apply to hospital .and educiitioni
tion employees of State and loc31 pverornents.
7. It will establish saiesuards to prohibit ernpfo\
using their positions for a pcirposz that is or
appearance of being noiivstod h*/ a &,sire h
Ijain for th?n:sslves or others, par:iculariy tt
whom they have family, business, or oihur tios.
8. lit will give the grantor qency cr the Ccmgtrc
waf through any sutherired represerltati.Je the
.
l I
and the right to exainine ;!I rxxc!:, Cyoc:~, :
Idocurnenis rzla:ed ;o the grant.
9. I; wili comply wiih ai! riiqtiiremenis inpost
Federal grantor agency concerning sp?cili rx
OF law, proyam reci:I;rener.ts, 2nd o;hlrr ac!~
requirements apprwed in xcm!snce with
+
b
'Exhibit M-3, Application for Federal Assistance (Short Form)
(pgs 5 of 5)
34 .
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. ., . FAIR . EMPLOYMUIT PRACTICES mDERD1JM
1. In the performance of this contract, the Contractor will not discriminal
against any employee or applicant for employment because of race, color, relj
gion, ancestry, sex, age*, or national origin. The Contractor will take aff
ative action to ensure that applicants are employed, an6 that employees 2re
treated during employment, without regard to their race, color, religion, an-
cestry, sex, age, .or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; reci
ment or recruitment advertising; layoff or termination: rates of pay or othei
forms of com;?ensation; and selection for training, including apprenticeship,
The Contractor shdl post in conspicuous places, available to emGloyees and
applicants for employment, notices to be grovided by the State setting forth
the provisions of this Fair Smployment Practices section.
2. The Contractor will permit a.ccess to his records of employment, employmt
advertisements, application forms, and other pertinent data and records by tl
State Fair Employment Practices Commission, or any other ager,cy of the State
California designated by the awarding authority, for the purposes of investif
tion to ascertain compliance with the Fair Empioyment Practices section of t2:
. contract.
3. Remedies for Willful Violation:
(a> The State may Getermine a willyui vioiation of tile Tair Zmpioymen;
Practices provision to have occurred upon receipt of a final judg-
ment having that effect from a court in. an action to which Contrac
tor was a party, or upon receipt of a written notice from the Fail
Employment Practices Commission that it has investigated and dete:
mined that the Contractor has violated the Fair Employment Practic
Act and has issued an order, under Lz.bor Code Section 1426, which'
become final, or obtained an injunction under Labor Code Section :
For willful violation of this Fair Xmployment Practices provision
the State shall have the right to terminate this contract either :
whole or in part, and any loss or d.amage sustained by the State ii
securing the goods or services hereunder shall be borne and paid :
by the Contractor and by his surety und.er the performance bond, i:
any, and the State may deduct from any moneys due or that thereaf.
may become due to the Contractor, the difference between the pricc
named in the contract and the actual cost thereof to the State.
(b)
* "It is unlawful employment practice for an employer to refuse to hire or
employ, or to discharge, dismiss, reduce, suspend, or demote, any indivi-
dual between the ages of 40 and 64 solely on the ground of age, ..." (Labo:
Code Section 1420.1)
. STD. 3 (Rev. 8,
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WORK PROGRAM
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Carlsbad: Agua Hedionda Lagoon Area Coastal Plan
Pilot Implementation Program
ISSUES, PROBLEMS AID OPPORTUNITIES
The cities and counties within the coastal resource management area must
bring their general plans into conformity with the Coastal Plan. It is
the purpose of the Coastal Commission's pilot program to fund specified
communities in undertaking the planning process necessary to achieve con-
formity between local plans and the Coastal Plan. In this regard, the
City of Carlsbad has developed the following program to undertake a
comprehensive effort to bring its plan for the Agua Hedionda Lagoon area
into compliance with the Coastal Plan.
GOALS
The goal of this study is to develop a plan for the Agua Hcdionda Lagoon
area which is in conformance with the Coastal Plan. To accomplish this
goal, the following program will be undertaken.
PROGRAM SUBCATEGORY 100: Comparison of the Coastal Plan to Local Plans
and Ordimnces
Objective
To identify the differences between the Coastal Plan and the existing Gent
Plan as their policies apply to the Agua Hedionda Lagoon 'area.
Major Work Elements
1. Delineate study area boundary.
2. Review Coastal Plan and identify applicable Coastal policies which
affect the Agua Hedionda Lagoon study.
Identify city plans and policies affecting study area which are
impacted by Coastal Plan.
Determine specific plan parameters including environmental impacts.
3.
4.
Products and Results
I.
2. A working document identifying local impacts of Coastal Plan
A statement identifying specific study area.
on the study area.
0 * WORK PROGRAM
Page 2
.’ * Carlsbad: Agua H@onda Lagoon Area Coastal Plan
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Estimated Cost and Manpower P
Man-Weeks costs
’ Staff f $ 750
Consultant - -
Total 1 $ 750
Source of Funds
Local $ 250
Federal CZM 500
Total $ 750
.
a 0 f. - WORK PROGRAM
Page 3
, ' Carlsbad: Agua 11 onda Lagoon Area Coastal Plan
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PROGRAM SUBCATEGORY 200:
Objective
To develop and analyze planning option for study area consistent with
the Coastal Plan.
Major Work Elements
1. Based on the planning context for local implementation, develop
Development of Planning Options
alternative plan proposals.
2. Analyze impacts of these options by environmental impact, local
issues and Coastal Plan policies.
Present planning alternatives to City Planning Commission and
City Council.
Products and Results
1. A working report identifying the planning options and analyzing
3.
their impact.
Selection of options of decisionmakers. 2.
Estimated Cost and Manpower
Man- w e e k s costs
Staff 17 $10,500
Consultant - -
Total 17 $10,500
Source of Funds
Local $ 2,500
Federal CZM 8,000
Total $10,500
. P(UL\I\ 1 L\\IVL\tUl
Carl sbad : Agua Il.onda Lagoon Area Coastal Plan.
. ' Page 4
PROGRAM SUBCATEGORY 300: Refine Selected Solutions and Develop Nece6sary
Plans
Objective
To prepare a specific concept plan containing needed reconciliation betwet
the City's interest and the Coastal Plan.
Major Work Elements
1. Detail and refine chosen alternatives.
2. Seek review of preferred alternative by Planning Commission, City
Council and Coastal Commission.
3. Draft the concept plan, taking into account environmental consideratic
Products and Results
1. A report on preferred alternatives.
2. A draft of concept plan including EIR,
Estimated Cost and Manpower
Man-weeks costs
. Staff 1'4 $ 8,500
- - Consultant
Total 14 $ 8,500
Source of Funds
Local $ 4,000
Federal CZM 4,500
Total $ 8,500
@ 0 - WORK PROGRAM ,
Caflsbad: Agua k ionda Lagoon Area Coastal Plan
Page 5
PROGRAM SUBCATEGORY 400:
Objective
.To adopt the specific plan for the Agua HedPonda Lagoon Area and to
have it endorsed by Regional Coastal Commission.
Major Work Elements
1. Hold public.hearings on proposed concept plan.
2. City Council review.
3. Staff revisions if required.
4. City Council adoption.
5.
Implementation of Certification Process
0
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Submission of plan to Regional Coastal Commission for review and
endorsement.
. Products and Results
1. An adopted specific plan for Agua Hedionda'Lagoon Area ready €or
official certification under Coastal Plan provisions.
2. .Certified EIR .
Estimated Cost and Manpower
Man4 e e ks costs
Staff 7 $ 4,250
Consultant - -
.Total 7 $ 4,250
Source of Funds
Local $ 1,250
* Federal CZM 3,000
. Total $ 4,250
lmf
1-13- 7 6
ANNUAL Kl RK PROGRAM S'JMMARY ArlD PAYMENT SCHEDULE
CZM: 76.
r-
NAME OF JURISDICTION: City of Carlsbad
PROJECT TITLE: Pilot Project--Agua Hedionda Lagoon Area
DATE: January 1, 1976 - September 30, 1976
ANNUAL WORK PROGRAM SUMMARY PAYMENT SCHEDI
PROGRAM SUBCATEGORY (Reference No. and Title) Estimated All01
cost Payi
100 COMPARISON OF COASTAL PLAN AND LOCAL PLANS $ 750 $ SO(
200 DEVELOPMENT OF ALTERNATIVE SOLUTIONS
300 REFINE SELECTED SOLUTIONS
-. -
400 IMPLEFlENTATION OF CERTIFICATION PROCESS
10,500 8,001
8
8,500 4 ,SO(
4,250 3 ,OO(
TOTAL ESTIMATED COST $ 24,000
TOTAL ALLOWABLE PAYMENT (Equals Grant Award) s16 ooo *
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