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HomeMy WebLinkAbout1986-12-16; City Council; 8484-4; Carlsbad Boulevard SeawallCITY 3F CARLSBAD - AGENDA ' 'LL 'lV '5 3 r ?I , re#- w ~TG. 12/16/86 )EPT. MP ClTYAm ACCEPTANCE OF COASTAL CONSERVANCY GRANT AND AWARD OF SUPPLEMENTAL ITEMS FOR THE 4 CARLSBAD BOULEVARD SEAWALL c,nMGR.q& RECOMMENDED ACTION: Adopt Resolution No. r90 9 approving an agreement with the California Coastal Conservancy scceptlng grant funds to construct the beach access facilities for the Carlsbad Youlevard Seawall, Project No. 3185. Adopt Resolution No. f9/O awarding sspplementel items to the Carlsbad Boulevard Seawall Project and authorizing the increase existing contractor, MarathGn Constrgction Company, f;r ir~z of Purchase Order No. 2615 the amount of the supplemental award. ITEM EXPLANATION: The CRlifornia Coastal Conservancy tms approved a grant in the to the Carlsbad Boulevard Seawall, Project No. 3185. A Carlsbed amount of $166,515 to construct beach access facilities integral City Council resolution accepting the grant is required. City staff has been negotieting with Coastal Conservancy staff supplemental access facilities which were designed and bid but concer-ning edditional grant funds to enable constructios of not awarded due to inadequate funding. It has been requested Iunder sepnrate correspondence that the California Coastal Conservancy reevaiuate the City's original application in light of the actual bid prices for tllese facilities. :t is anticipated the Conservancy will review thin request sometime in January. On October 7, 1986, the City Council awarded Contract No. 3185 for the construction of the Carlsbad Boulevard Seawall project to the Marathon Construction Company. Construction began in eariy November 2nd is proceeding very e7ficientlv to date. Several designed bid item- were not awarded due to inadequate funding. In a letter dated September 18, 7966, Yr. James R. Furby, Presidcnt of Marathon Construction Company, indicated bid prices 1986 (attached Exhibit D, Page 2, No. 2). An analysis of the for items not awarded would be guaranteed throzgh December 31, projected constructicn costs in comparison with available Funding allows the installation of one (1) new bluff top access stairway by the contractor. The project budget contains .? ten percent. (10%) construction contingency totallin? $315,163. Staff recommends the construction of the Sycamore d:.enue bluff top access stairway at. a bid cost of $136,000. Instai!ation oi this stairway will allow more frequent and safe access from Carisbad Boulevard to the beach. conjunction with other seawall Facility construction and will be The stairway will be installed in compieted by May, 1987. Page Two of Agenda Bill No. BL/BLI- *f Additionally, staff recommends the Council award a second bid item in the amount of $30,000 for the repair of the Tamarack Avenue stairway. A large section of this stairway was removed by the contractor during the course of construction to facilitate installation of the vertical wall. This section was determined by the project design engineers to he struzturally unsound potentially compromising public safety. repair this facility in accordance with the existing design and The contractor will previously bid price. not preclude award of additional bid items should the Coastal The December 31, 1986 bid price guarantee by the contractor does Conservancy approve additional project funding. Bid items can be awarded at any time during the course of the contract subject to cost negotiations and potential time extensions only if the existi.ng contract performance period. subsequent award items could not reasonably be constructed within FISCAL IMPACT: The following is a summary of the project funding to date: PROJECT FUNDING SOURCES 1.. State of California, Department of Boating and Waterways $2,915,000 2. California Coastal Conservancy 166,515 3. City of Carlsbad Total PROJECT CONSTRUCTION ._ GUDGET 1. €'id items awarded to date $3,151,630 2. Engineering oervices 425,000 3. Projec'; contingencies (lU%) Total 375,563 $3,891,793 Page Three of Agenda Bill NO. r?'(rL/- +q A total of $94,722 is available from unbudgeted project funding sources. The total cost of awarding the two (2) recommended additional bid itens is $166,000. The net effect of awarding these two (2) items at this time is to reduce the ten percent (10%) project contingency totalling $315,163 by ,871,278, or, leaving a 7.8% construction contingency. TOTAL PROJECT FUNDING TOTAL PROJECT BUDGET BALANCE AVAILABLE TOTAL c0s.r ADDITIONAL BID ITEMS BALANCE AVAILABLE ADDITIONAL REQUIRED FUNDS $3,986,515 3,891,793 $ 94,722 $ 166,000 94,722 $ 71,278 CONSTRUCTION CONTiNCENCY (10%) $ 315,163 ADDITICNAi REQUIHED FUNDS 71 278 CONSTRUCTION CONTINGENCY BALANCE (7.8%) $ 243,885 "- EXHIBITS A. E. C. D. E. Locatiorl Map. Resolution, No. - 890 9 California Coastal Conservancy accepting grant funds to approving an agreement with the construct beach access facilities for the Carlsbad 3oulevard Seawall, Project No. 3185. Resolution No. 89 10 awarding supplemental items to existing contractor, Marathon Construction Company, for the Carisbad Bqulevard Seawall Project and authnrizing the increase of Purchase Order No. 2615 the amount of the supplemental award. Letter dated September 18, 1986 from Msrathon ConstrulLion Company. Coastal Conservancy Grant Agreement. LEGEND NEW BLUFF ACCESS % STAIRCASES SB BEACH ACCESS STAIRWELLS . ~. -' PAbED LATERAL ACCESS ... - PATHWAY 2-2 SAND RAMPS FOR EMERGENCY VEHICLE ACCESS 7 STORM DRAIN INTERCEPTOR "-13"- EXISTING STORM DRAIN CARLSBAD SEAWALL AND STORM' DRAIN LOCATION MAP -\ I 2 2 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ”~ EXHIBIT B RESnLUTION Nfl. 8999 - A RESOLUTION OF THE CITY COUNClL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROYING AN AGREEMENT WITH THE CALIFORNIA COASTAL CONSERVANCY ACCEPTING GRANT CARLSBAD BOULEVARD SEAWALL, PROJECT NO. 3185 FUNDS TO CONSTRUCT BEACH ACCESS FACILITIES FOR THE WHEREAS, the City of Carlsbad, California, has appiied for a grant from the California Coastal Conservancy to construct beach access facilities for the Carlsbad Boulevard Seawall Project, Project No. 3185; ana WHEREAS, the California Coastal Conservancy has approved said grant in the amount of $166,515 tc enable construction of certain beach access facilities integral to the Carlsbad Boulevard Seawall Project; and WfiEREAS, acceptance of said Grant is in the best interest o? the City of Carlshad and its residents; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City of Carlsbad does hereby accept said grant from the California Coastal Conservancy to provide beach access facilities for the Carlsbad Boulevard Seawali Project. /// /// / // I 2 1 . 4 Y fi e 7 e 4 la 11 12 13 14 15 16 17 18 19 25, 21 22 23 24 25 26 27 28 3. That the Mayor, City Clerk, and City Manager or his authorized representative of the City or Carlsbad, California, are hereby authorized to execute said agreement with the California Coastal Conservancy. PASSED, APPROVED AKD ADOPTED at a regular meeting cF the Carlsbad City Council held on the 16th day of December , 1986, by the following vote, to wit: AYES: Comcil Members Lewis, Kulchin, Pettine and Hamaux ATTEST: d&&iL dG<A 7 1 Aletha L. Rautenkranz, City Cleh\k (SEAL ) 6 1 . 4 f e 7 E S IC 11 12 13 14 15 16 17 13 19 RESOLUTION NO. J910 - A RESOLUTiON OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORKi.4, AWARDING SUPPL.EMENTAL ITEMS TO EXISTING CONTRACTOR, MARATH3E CONSlRUClION COMPANY FOR THE CARLSBAD BOIJLEVARO SEAWALL PROJECT AND AUTHORIZING THE INCREASE OF PURCHASE ORDER NO. 2615 THE AMO'JNT OF THE. SUPPLEMENTAL AWARD WHEREAS, the City of Council of the City of' Carlsbad California awarded Contract No. 3185 for the construction of the Carlsbad Boulevard Seawail Project to thE Marathon Construction Company gn October 7, 1986; and WIIEREAS, the City Council OF the City of Carlsbad, California determines it to be in the public interest to award addikional bid items to t!ie contractgr at this time; and WHEREAS, adequate funding presently exists in the project budget to awtird said items at this time; NOW, THEREFORE, BE IT RFSOLVED by the City Council of the City of Carlsbad, CaliTYrnia, ae follows: 1. That the above recitations are true and correct. 2. That the City. Cocncil OF the City of Ca'rlshad, California does hereby award to Marathon Construction Corr,pany supplemental bid items number A-la in the amaunt of $136,000 and number A-8b in the amount of $3G,OOO for the conztruction of the Sycamore Avenbu beach access stairway and repair of the Tamazack Avenue stairway respectively. /// /// /// /// /// i i 7 4 f E 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT C 3. That the Purchas California is hereby author ing Officer of the City of Carlsbad ized to increase Purchase Order No. 2615 in the amount OF $166,0?rJ representing the total cost of these two approved bid item awards. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Courlcil held on the 16th day of December , 1986, by the following vote, to wit: AYES: Council Members Lewis, Kulzhin, Pettine and Mamaux NOES: None ABSENT: None ATTEST: 4mL-g- Aletha L. Rautsnkranz, City Clerk (SEAL 1 MARATHON RECEIVED S€P 1 9 1986 CONSTRUCTiON CORPORATION CONTRACTORS 8. ENGINEERSP::---+-*- * STATE LICENSE NO 411338 3052 Clairemont Dr.. "A" San Diego. CA 92117 (61 9) 276-4401 Septenber 18, 1986 City of Carlsbad Carlsbad, CA. 92009 2075 Las Palmas Drive Attn: Mr. Jeffrey aunnell Project Manager Subject: Carlsbad Boulevard Seawall Contract No. 3185 Dear Mr. Bunnell: Per the discussions at our meeting in your office yesterday, we offer the following changes and clarifications to our bid pro- posal for the subject project: 1. In return for a clearer definition of the work involved in Base Bid Item 2d - Additional Approved Structural Concrete and Base Bid Item 2e - Additional Approved Non-Structural Concrete, we agree to lower our bid prices for these items. Base Bid Item 2d will now be defined as all Additional Approved Structural Concrete for Key placed within a depth range of 4 ft. to 8 ft. below the planned bottom of footing elevation for the seawall. We herehy revise our bid price for Item 2d from $2,000.00/cy to $300.00/cy. Base Bid Item 2e will now be defined as all Approved Non-Structural Concrete Fill placed within a depth range of zero to 4 ft. below the planned bottom of footing elevation for the seawall. We hereby revise our bid price for Item 2e from $1,00O.OO/cy to $200.00/cy. The cost for any required work at depths. grester than as defined above is not included in these revised bid prices and will be paid for by change order. EXHIBIT D City of Carlsbad - Page two 2. We understand that additive bid Items A-la, A-lb and A-lc, the new bluff access stairways, will not be awarded at this time but that the City may elect to award one or more of these items at a later date if sufficient funding is obtained. We hereby ex- tend our bid acceptance period for these items until December 31, 1986. We also plan to investigate cost savings proposals for these items and will report to you our findings as a later date. 3. The Carlsbad Boulevard Storm Drain Interceptor Project parallels the Carlsbad Boulevard Seawall Project and uses much of the same access and work area. We foresee many potential conflicts between these two projects particularly if the Storm Drain Project is not completed in a timely manner. The best way to avoid these conflicts We would be happy to construct the Storm Drain Project as is to have both projects constructed by the same contractor. a change order to the Sea Wall Project. We will provide you a cost estimate for this work in a few days, Very truly yours, MARATHON CONSTRUCTION CORP. JRF/ms CXHIBIT D City of Carlsbad Contract # 86-009-86-045-A Page Two WORK PROGW Prior to commencement of construction, the Grantee shall submit to the Executive Officer for review and written approval as to their consistency with plans and specifications which have been Certified by a registered architect or the terms of this Agreement, a detailed Work Program including (1) construction completion for the Project specifically listing the completion date for each engineer, or approved by the Grantee's Public Works Director; (2) a schedule of separable Project component; and (3) a detailed Project budget. Such Project budget shall describe all labor and materials ccts to be incurred to complete the relevant component of the Project, and shail also contain a listing of all intended funding sources to complete the relevant component, including the Grantee also shall review and explain the plans on site with staff of the Conservancy's grant and all other sources of monies, materials, or labor. 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 and written approval of the Executive Officer the bid package including initiating any request for contractor bids, the Grantee shall submDt for review 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 construction. above paragraph regarding submission and approval of a Work Program prior to The Grantee shall develop the Project in accordance with the approved Work. Program. CALIFORNIA CONSERVATION CORPS The Grantee agrees to utilize the labor of the California Conservation Corps (hereinafter the "Corps") to the degree feasible to implement the Project. for which reimbursement will be sought under this Agreement, the Grantee shall Prior to entering into any contract for construction of any Project component written evidence of such solicitation to the Conservancy. The Grantee shall solicit the participation of the Corps in such construction and shall provide determination that no particlpation by the Corps is feasible; or (2) an thereafter provide to the Conservancy either: (1) written evidence of a agreement between the Grantee and the Corps which describes the planned involvement of the Corps in Project construction. Said agreement shall be based on the approved Work Program and shall describe the dollar value of the services provided. The amount of the grant authorized herein shall be reduced by the value of any Corps assistance. City of Carlsbad Contract # 86-009-86-0454 Page Tnree 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 subcontractor(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. hundred percent 100%) of the contract value; and for labor and materials, one t In addition to the other Project components described herein, the Grantee shall erect signs visible from the nearest public roadway dlrectlng the public to the Project. In addltion, the Grantee shall put up plaques acknowledging Conservancy assistance; such plaques shall be provlded by the Conservancy to the Grantee for this purpose. Plans describing the number, design, placement, and wording of such signs and plaques shall be submitted to the Conservancy for review and written approval prior to construction of the Project. Final reinbursement may be withheld by the Conservancy pending placement of the signs ana plaques in the manner approved by the Conservancy. Upon completion of the Project, the Grantee shall supply the Conservancy with evidence of such completion by submitting a final report which includes: (1) an inspection report by the Grantee's Public Works Director certifying completion of the Project according to the approved Work Program; (2) a fully executed final "Request for Reimbursement of Expenditures" form (Exhibit D); and (3) "as built" drawings of the completed Project. No construction shall be undertaken and no disbursement of funds shall be made under this Agreement. until the following conditions have been met: (1) A Resolution has been adopted by the City Council of the City of Carlsbad authorizing the execution of and approving terms and conditions of this Agreement. (2) The Executive Officer has approved in writing: City of Carlsbad Page Four Contract X 86-009-86-045-A WDITIOWS PRECEDE!{[ TO CONSTRUCTION AND DISBURSEMENT (C (a) the Work Program for the Project; ttinued) (b) the plans for the erection of signs and plaques; (c) all sub-contractors that the Grantee intends to employ to construct the Project or any separable component of it, and written evidence has been provided to the Conservancv that each such sub-contractor has complied with the bonding requlkements described in the "80WDI&" section of this Agreement. (3) Written evidence kas been provided to the Conservancy: in construction of the Project, and of the determination of the extent to (a) of the solicitation by the Grantee of Conservation Corps assistance which such assistance will be provided, including a copy of any agreement entered into with the Corps relating to the Project; Project under applicable local, State and Federal laws and regulations (b) that all permits and approvals necessary to the completion of the have been obtained; shall submit, for the review and approval of the Executive Officer of the (4) Prior to the comnencement of construction unCer this Agreement, Grantee Conservancy, the following: (a) Copies of recorded certificates of acceptance for the three offers to accompanying Exhibit A; dedicate easements for public access sumnarlzed in Exhibit 10 of the (b) A copy of a recorded easement agreement from the State Department of Parks and Recreation to allow construction of the seawall and the at Carlsbad State Beach; Conservancy-funded access improvements on property owned by the Department Department of State Parks and the City of Carlsbad providing for (c) A copy of the operations and maintenance agreement 5etween the maintenance of the Conservancy-funded access improvements at Carlsbad State Beach for a minimum of twenty years; and (d) Evidence that the Grantee has complied with all proposed mitigation measures Identified in the final EIR which relate to the Conservancy- funded access project; and (e) Copy of a grant of easement for the vertical public access easement at 2701 Ocean Street, accepted and recorded by Grantee. City of Carlsbad Contract # 86-009-86-045-A Page Five COSTS MD DISBURSEMENTS Upon determination by the Conservancy that all "CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" have been fully met, the Conservancy agrees to aisburse to the Grantee, in accordance with the approved Project budqet. a Disbursements shall be made on the basis of costs incurred, less ten percent (lo%;, ds separable components of the Project are completed. Disbursement of the ten percent (10%) so withheld shall be made upon satisfactory completion of form (Exhibit D hereto). the Project and submission of a fully executed final Request for Disbursement The Grantee shall request disbursement no more frequently than monthly by which contain the name and address of the Grantee, the number of this ffling with the Conservancy fully executed "Request for Disbursement" forms 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 requesred, and the signature of an official authorized by the Grantee to sign such fnvoices. Additionally, each form shall be accompanied by any supporting invoices or other source documents from sub-contractors hired by the Grantee to comp:ete any portion of the Project funded ucder this Agreement, and shall be accompanied by written substantiation of completion of the portion of the Project for whfch disbursement is requested. Failure to fully execute and submit a Request for Disbursement Conservancy of its obligation to disburse funds to the Grantee unless and until fonn, Including attachment of supporting documents, will relieve the all dcficfencies in the form are rectified. EXPENDITURE OF NWDS AM0 ALLOCATION OF FUNDING AKIN6 BUDGET ITEMS The Grantee shall expend funds in the manner described in the Project budget. The allocation of the Conservancy's total grant among various items contained in such budget may vary by as much as ten percent (10%) without approval by the Executive Officer. Any difference in the allocation amng budget items of over ten percent must be approved in wrfting 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 whfch have not received the approval requfred above. The total amount of this grant may not be Increased except by amendment to this Agreement, and any the funding for one or more other budget items unless there is an amendment to increase in the funding for any particular budget item shall mean a decrease in this Agreement. City of Carlsbad Contract X 86-009-86-045-A Page Six TElW OF AGREMENT 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 CONSTRUCTION AND DISBURSMENT" section of this Agreement. is accompanied by the Resolution descrfbed in the "CONDITIONS PRECEDENT TO The term of this Agreement shall run from the effective date of this Agreement as described herein and shall continue through October 31, 2007 (the "Termination Date") unless o.&herwise terminated or amended as provided herein. The Grantee agrees to complete construction of the Project by October 31, 1987 (the "Completion Date"). Prior to the Completion Date, either party may terminate this Agreement for any reason by providing the other party with seven (7) days notice in writing. In the event of terminatton by the Conservancy, prior to the Completion Date, the Grantee agrees to take all reasonable measures to prevent further costs to the Conservancy under this Agreement, and the Conservancy shall be responsible for any reasonable and non-cancellable obligation incurred by the Grantee in but only up to the undisbursed balance of funding authorized in this Agreement. the performance of this'Agreement until the date of the notice to terminate. In the event that the Grantee fails to complete the Project in accordance wfth this Agreement, or fails to fulfill any other obligations of this Agreement prior to the Termjnation Date, the Grantee shall be liable for immediate repayment to the Conservancy of all amounts disbursed by the Conservancy under this Agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph shal? not be deemed to limit any other remedies the Conservancy may have for breach of this Agreement. OPERATIOW AND WNTEMNCE The Grantee agrees to operate and maintain the Project as a public access all operations and maintenance costs of the Project and the Conservancy shall facillty throughout the term of this Agreement. The Grantee 3grees to assume Grantee may be excused from its not be liable for any cost of such maintenance, management, or operation. The City of Carlsbad Contract # 86-009-86-045-A Page Seven OPERATION AND rUINTEKAMCE (Continuedl obltgations for operatlon and mafntenance of the Project during the term of this Agreement only upon the wrttten approval of the Executlve Officer. For purposes of thts Agreement, "operations costs' Include dtrect charges incurred for material and labor needed to operate the Project, uttlities, costs" Include ordinary repairs and replacements of a recurring nature fnsurance, and expenses necessary to produce gross revenues. "Matntenance necessary to prolong the life of capttal assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or bastc structures. LIABILITT The Grantee ,shall be responstble for, indemnify and save hamless the Conservancy, Its officers, agents and employees from any and all liabtlittes, claims, demands, damages or costs resulttng from, growing out cf; or In any way the Conservancy, its officers, agents or employees. The duty of the Grantee connected with or tnctdent to thls Agreement, except for acttve negllgence of Civil Code Sectton 2778. Thts agreement supercedes Grantee's rtght as a to tndemntfy and save harmless includes the duties to defend as set forth in Gov. Code Sectton 895.6) as set forth in Gov. Code Sectton 895.4. public entity to tndemnlty (see Gov. Code Sectton 895.2) and contribution (see The Grantee waives any and all rtghts to any type of express or Implied indemnity or right of contrtbution from the State, tts officers, agents or employees, for any ltabtlity resulting from, grwtng out of. or in any way connected wtth or incident to this Agreement. Nothins in thfs Agreement Is tntended to create fn the publlc or any member thereof rights as a third party beneftciary hereunder. The Grantee shall maintatn satlsfactory financtal accounts, documents, and and records relating to constructton of the Project shall be retained by the records relating to the construction of the Project. The accounts, documents, Grantee for three years following the date of final dtsbursement by the Conservancy under this Agreement, and shall be subject to examtnation and audit by the Audftor General during thts pertod. The Grantee may use any accounting system which follows the gutdeltnes of "Generally Accepted Accounttng Practtcos" publtrhed by the Amertcan Institute of Certtfied Public Accountants. City of Carlsbad Page Eight Contract # 86-009-86-045-A ~DISCRIMIMTION During the performance of this Agreement, the Grantee and its subcontractars shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental condition, marltal status, age or sex. The Grantee employees and applicants for employment are free of such discrimination. The and its subcontractors shall insure that the evaluation and treatment of their Grantee and Its subcontractors shall comply with the ;tovisions of the Fair Employment and Housing Act (Government Code Section 12900 c't se and the applicable regulations promulgated thereunder (California d) Title 2. Section 7285.0 et se .). The applicable regulations of the Fair n strative Cede, Employment and Housing Corn "75 ss on implementing Government Code Section 12900 et 3' set forth in Chapter 5 of Division 4 of title 2 of the Californja - a part hereof as if set forth in full. The Grantee and Its subcoctractors shall give written notice of their obligations under thls clause to labor organizations wlth which they have a collectlve bargainlng or other agreement. This nondiscrimfnation clause shall be included In all subcontracts entered Into by the Grantee to perform work provlded for under this Agreement. ministrative Code, are incorporated Into this contract by reference and made IWCORPORATION OF EXHIBITS TO THIS ASREEKNT The two attachments to this Agreement entitled "List of Assurances" (Exhibit 6) and "Indemnification and Standard Provisions" (Exhibit C) describe additional rights and responsibilities of the Conservancy and the Grantee arisfng out of this Agreement. Each of these Exhibits is an integral part of this Agreement, and each is incorporated herein by this reference. COllSERVUlCY APPROVALS All actions and approvals required to be taken by the Conservancy under this Agreement shall be taken by the Executive Officer of the Conservancy or his designee . The signature of the Executive Officer of the Conservancy on th!s Agreement certifies that at its August 22, 19R6 meeting, the Conservancy approved a grant of one hundred nfnety two thousand five hundred sixty dollars (1192,560) to the Grantee for the development of the project described in the attached Conservancy Staff Recomndation (Exhibit A). This Agreement Is deemed to be entered into in the County of Alameda. STATE COASTAL CONSERVANCY STAFF RECOCUENOATIOW August 22, 1986 ACCESS PROJECTS File Nos. 86-044. 86-046, 86-045, 86-041 STAFF RECOMMENDATION: Staff recomnds that the State Coastal Conservancy adopt the following resolution pursuant to Sections 31400 et - 9. of the Public Resources Code: "The State Coastal Conservancy hereby: a. kuthoFizes disbursement of an amount not to exceed twenty-six dollars (6495.226) to the County of San four hundred ninety-five thousand two hundrcd Mateo for acquisition of four trail easements (aver A.P. Nos. 063-271-070. 063-240-170, 063-240-051~ and 063-024-122) and construction of a bicycle trail, pedestrian path and a parking area to complete 2 segment of the Baylands Bicycle Trail, subject to the following .condition: Prior to the disbursement of any funds, the County shall submit, for the review and approval of the Executive Officer of the Conservancy, the fol lowing: 1. For each trail easement to be acquired: a complete appraisal, all agreements pertaining agreements, escrow instructions, deeds and to the acquisition, including purchase title reports, evidence that the County Board of Supervisors has approved the acquisition, and evidence of the Sta?e Lands Commission's determinatlon. pursuant to Public Resources Code Section 5096.251. of the extent of any public trust or other State interest which may exist; 2. A final budget for the project and detailed working drawings of the trail, path and parking aret; 3. Written notification that the California Conservation Corps has been solicited to pxvide labor for this project. Tbe amount of the Conservancy grant will be reduced to reflect the amount of labor cost savings due to Corps participation; c1 b. C. 4. A signing plan showing the proposed public access signing of the bicycle trail and the Executive Officer; pedestrian trail for review and approval of 5. A recorded agreement between the County and the Midpeninsula Regional Open Space District permitting the County to construct the parking area and the pedestrian loop trail improvements on the District's property and obligating the District to operate and maintain these improvements for a period of and twenty years from completion of construction; 6. A written agreement to operate and maintain constructed on the easements held and to be the bicycle trail improvements to be acquired by them for a period of twenty years from completion of construction; 4uthorizes disbursement of an amount not to exceed two hundred sixty-six thousand two hundred dollars ($266,200) to the County of San Luis Obispo for* public a:cess improvements at Shame1 and Lampton Parks, subject to the following condition: Prior to the disbursement of any funds, the County Executive Officer of the Conservancy, the shall submit, for the review and approval of the following: 1. 2. 3. 4. Final project working drawings and project budgets for each park construction project; A signing plan showing existing and prcposed coastal access signs from Highway 1 for each park project; Written notification that the California Conservation Corps has been solicited to provide labor for this project. ?he amount of the Conservancy grant will be reciaed to reflect the amount of labor cost savings due to Corps participation; Copies of recorded certificates of acceptance for the sixty-nine (65) offers to dedicate easements for public access sumnarized in Exhibit 3 of the accompanying Project Synopsis b. ; Authorizes disbursement of an amount not to exceed one hundred ninety-two thousand five hundred sixty dollars ($192,560) to the City of Carlsbad for public access improvements at Carlsbad State Beach c2 d. and at the Ocean Street accessway. subject to the following condition: Prior to the disbursement of any funds, the City Executive Officer of the Conservancy, the shall submit, for the review and approval of the following: 1. 2. 3. 4. 5. 6. Detailed plans, a final budget, and a project coastal access signing plan; Written notification that the California Conservation Corps has been solicited to provide labor for this project. The amount of the Conservancy grant will be reduced to reflect the amount of labor cost savings due to Corps participation; Copies of recorded certificates of acceptance public access sumnarized in Exhibit 10 of the for the four offers to dedicate easements for accompanying Project Synopsis c. ; A copy of a recorded easement agreement from the State Department of Parks and Recreation to allow construction of the seawall and the Conservancy-funded access improvements on property owned by the Department at Carlsbad State Beach; A copy of the operations and maintepance agreement between the Department of State Parks and the City of Carlsbad providing for maintenance of the Conservancy-funded access minimum of twenty years; and improvements at Carlsbad State Beach for a Evidence that the City has complied with all proposed mitigation measures identified in the Final EIR which relate to the Conservancy- funded access project; and Also authorizes the transfer of the vertical public access easement at 2701 Ocean Street from the State of California to the City of Carlsbad; and Authorizes disbursement of an amount not to exceed five hundred seventy-six thousand dollars ($576,000) to the City of Long Beach, in Los Angeles County, for the development of the first mile of a three mile Class I bicycle/pedestrian trail, subject to the following condition: shall submit, for the review and approval of the Prior to disbursement of any funds the City shall c3 Executive Officer of the Conservancy, the following: 1. Final project working drawings, a final budget, and a signing plan; and 2. A written certification that funds necessary to complete the entire project are available." Staff further recomnends that the Conservancy adopt the Synopses a., b., c., d., and attached Exhibits: following findings based on the accompanyfng Project "The State Coastal Conservancy hereby finds that: a. The Baylands Bicycle Trail project, the Shamel Park and Lampton Park projects, the Carlsbad State Beach Betch bicycle/pedestrian trial project: and Ocean Street access fnprovements. and the Long 1. are consistent with Chapter 9 of the Conservancy's enabling legislation (Public Resources Code Section 31400-31405) regardfng coastal accessways; 2. serve greater than local public needs; and 3. are in conformance with the Conservancy Access Program guidelines and procedures; and b. The Conservancy has considered the envlronmental effects of the proposed access project at Carlsbad State 8each as described in the Final Environmental Impact Report (Exhibit 3, Project Synopsis c.) certified by the City of Carlsbad and concurs that the project will have significant effects on the environment related to a number of issues, but that changes have been incorporated into the access project which would lessen to a level of which cannot be mitigated to a level of Insignificance these effects, except for one impact insignificance, the temporary loss of a portion of the beach as a recreation area during construction. The Conservancy finds that the benefits of the proposed project, including protection of the roadway and increased vertical access, outwefgh temporary loss of recreation area during this unavoidable impact, and therefore that the construction is acceptable. The Conservancy further finds that other changes or alterations identified in the EIR as proposed mitigation measures for portions of the project other than accessway construction are outside the Conservancy's responsibillty and jurisdiction and should be adopted by the City." c4 " STAFF DISCUSSION: Each of these projects is discussed in the following Project Synopses (a., b.. c., and d.). c5 STATE COASTAL CONSERVANCY Project Synopsis c. August 22, 1986 REqUESTED ACTION: SHORT DESCRIPTION: LOCATION: PROGRAM CATEGORY: PROJECT COST: CARLSBAD SWL ACCESSWAYS AND OCEAN STREET ACCESSWAY Project Manager: Gail Odom Rosen File No. 86-045 Authorization to disburse up to $192,560 to the City of Carlsbad for development of access improvements in at Ocean Street. conjunction with a new seawall at Carlsbad State Beach and Provision of access improvements at Carlsbad State Beach: (1) development of new access stairway on Carlsbad Blvd. at approximately Chestnut Ave.; (2) development of two stairways from the beach to top of seawa.11.; (3) development of a thirteen vehicle parklng lot on Carlsbad Blvd. at Cherry Ave.; (4) Rehabilitation of an accessway at 2701 Ocean St; (5) acceptance by the City of Carlsbad of three offers to dedicate lateral beach access and one offer to dedicate vertical beach access from the Coastal Conission's Access Inventory. City of Carlsbad, San Djego County, South Coast District (Exhibits 1 and 2) Coastal Access Carlsbad State Beach Access Improvements: $166,515 Ocean St. Accessway: 26,045 TOTAL CONSERVANCY PROJECT COST: $192,560 STAFF DISCUSSION: Summary - Approval of the requested $192,560 in funding would allow at Carlsad State Beach in conjunction with pro osed the City of Carlsbad to construct several access projects Seawall improvements (not funded by this grant P designed to protect Carlsbad Blvd. specific projects at Carlsbad State Beach to be funded by the Conservancy include: (1) development of a new access stairway on Carlsbad Blvrl. at approximately Chestnut Ave.; (2) development of two C52 stairways froa the beach to top of seawall .; (3) development of a thirteen vehicle parking lot on Carlsbad Blvd. at Cherry Ave. A second project involver the currently held by the Conservancy to the City of Carlsbad, donation of an access easement at 2701 Ocean Street and rehabilitation of that accessway to insure continued public access to Carlsbad City Beach. A Conservancy grant of $26,045 would fund the rehabilitation. As a condition of accepting grants for the above projects, the City of Carlsbad has agreed to accept three lateral offers to dedicate beach access from the Coastal Comnission's Access Inventory. Site Description - Carlsbad State Beach is west of Carlsbad Blvd. between Power Plant, in the City of Carlsbad. about 26 miles north Pine Ave. and San Diego Gas and Electric Company's Encina of the City of San Diego (Exhibit 2.) The park unit has approximately 7,150 feet of ocean frontage. Exlstlng facilities include three parking lots accomnodating 270 vehicles and one restroom. The beach unit consists of a narrow strip of cliff-top terrace, an eroded ocean-facing cliff, and sand and cobble beaches. The maximum elevation of the terrace is 40 feet. Littoral sand movement constantly alters the width, elevatfon and configuration of the beach. At times the-e is no sand, only cobbles. periodic dredging of the Agua Hedionda Lagoon which is at Beach sand has been replenished in the past through the southern edge of the unit boundary. Principal recreation activities include surfing, sunbathing, fishing and swimming. The Ocean Ave. accesswal is located five blocks to the The existing accessway is located at 2701 Ocean Street on north of Carlsbad State Beach, at Beech Ave (Exhibit 2.) the southernmost five-feet of the lot. The twenty-feet to the north of the access easement is a scenic view corridor which was required by an earlier development permit to be maintained by the landowner. The access easement, to the beach, but has not been open to the public because currently held by the Conservancy provides vertical access of the deteriorated condition and an existing staimay. Project Description - The City of Carlsbad is proposing a Carlsbad Blvd. Bluff Stabilization Project at Carlsbad State Beach for the Blvd., a si nificant coastal access route through the city primary purpose of preventing the undermining of Carlsbad (Exhibit 7.7 The western edge of Carlsbad Blvd., betwem Cherry Ave. and Pine Ave., is located within several feet of the top of the coastal bluff. During severe storm of the roadway are in danger of being lost. The public conditions, the roadway and utilities along this stretch parking area at the top of the bluff near Pine Ave. and c53 the access road to a second parking area (the Tamarack lot) also require storm protection. The City is sponsoring this project because the City street and utilities are threatened, even thoggh the The State Parks' General Plan for Carlsbad State Beach, proposed project would be located on State Park property. prepared in July, 1983, recognizes that some sort of beach protection device and beach replenishment is needed to help protect beach facilities and Carlsbad Blvd. Carlsbad has studied several types of shoreline protection devices which could protect the roadway while minimizing encroachment on the beach. The City may select one OP a combination of the following methods of bluff protection: no project, rock revetment, fabriform and/or concrete-filled bags, concrete wall Kith rock fill, reinforced earth wall with toe stone, and reinforced concrete vertical seawall with and without toe stone. The exact design of the structure will not be determined until final engineering studies are complete. Design assumptions used for comparative purposes in the EIR are that the selected bluff protection device would: 1) be constructed at a slope of approximately 1 1/2 to 2 : 1; use deep foundations rather than toe stone where feasible; be designed to provide an adequate level of protection; 4) have a fifty-year design life; and 5) require minimal excavations into the bluff (Exhibit 3). The City's proposed design for shoreline protection, as a result of environmental and preliminary design studies, is for approximately 3,200 lineal feet of vertical seawall; an engineered rock rip-rap "seawall" in front of the existing, elevated sand pad at the base of the northern access ramp; and as additional project components, engineered rock rip-rap replacement of the existing rock protection for the Tamarack Av. parking lot and an engineered rock rip-rap "seawall" along the base of the bluff, below the Ocean St. parking lot. This project is not part of the City's funding request to the Conservancy. Regardless of the method of shoreline protection selected for implementation by the City, Carlsbad has requested which will retain and enhance public access in the that the Conservancy fund several access improvements shoreline project area (Exhibit 7.) The City proposes an additional 13 parallel parking spaces at the top of the bluff north of an existing parking area for 40 vehicles and near a landscaped day use area. An existing stairway, the Cherry Ave. stairs, would connect to this expanded parking area. California Boating fur,ds will integrate the stairs into the proposed seawall by prwiding a landing at the seawall and providing access through the seawall to the beach below. The general plan does not recomnend c54 further access improvements until the issue of beach City is sponsoring the seawall project and wishes to protection and beach repleminishment is addressed. The constructions. The third proposed access project is a incorporate desirable access improvements into the Seawall second, new stairway near Chestnut Ave. approximately one thousand feet to the north. This stairway would provide access from Carlsbad Blvd. down the bluff, to a landing, through the seawall, and to the beach below. The new stairways from the beach to the top of the seawall will be stairways will be reinforced concrete. Two additional provided with Conservancy funding. These stairways will allow emergency pedestrian egress from the beach in case of wave run-up. The Ocean/Beech Street accessway is an existing deteriorated accessway located on an easement currently held by the Coastal Conservancy. The Conservancy accepted of the Conservancy Board. It was hoped at that tlme that the easement pursuant to a December 9, 1982 authorization a nonprofft organlzatlon would be able to accept the easement from the Conservancy, and then improve, open, and manage the accessway. Despite efforts of staff, no nonprofit in the Carlsbad area was interested in such a proposal, and the accessway has remained a problem for the Conservancy, the City of Carlsbad, and area residents who want to see this hlstoric access preserved (Exhibit 4). The Conservancy originally accepted the easement in partial settlement of a permit violation action brought by the Attorney General, when the City of Carlsbad could not be persuaded to do so. Local sentiments have changed and the easement if the Conservanty will grant development the City has passed a resolution in support of accepting funds to repair the accessway (Exhibit 5). The City is proposing to design and construct a four-foot wide concrete stairway with galvanized hand rails (Exhibit 8). Project Financing - The Conservancy would provide funds for the following project components: Parking for 13 vehicles $52,075 New Stairway from bluff to beach $ 59,840 2 New Beach Seawall-Stairways S 39.600 Design and Engineering Subtotal Seawal: Access Projects w Ocean St. Accessway Renovation Total Conservanc!, Project Cost -26 045 Schedule - Construction of the seawall access projects is anticipated between October, 1986 and May, 1987. The Ocean Street accessway construction would be completed by the end of October, 1987. c55 CONSERVANCY ACCESS CONSISTENCY WITH PROGRAM CRITERIA: H1ni.m Criteria Serves Greater Than Local Need - The Carlsbad Seawall and Ocean St. access project sites are located within the City of Carlsbad, which has a population of 49,900. The population of northern San one million. The projects will provide new and enhanced Diego County and southern Orange County is approximately access to Carlsbad State Beach and the beach just to the north. Carlsbad State Beach estimates 900,000 user days per year. The Ocean St. accessway attracts users from the and visitors staying at motels in the vicinity of the imnediate neighborhood and city, adjacent inland cities site. Local Coastal Program Conslstency - The project sites are within the Mello I1 segment of the Carlsbad Local Coastal Program Land Use Plan, certified by the Coastal Commission on June 3, 1981. The zoning plan for the Mello I1 area also has been certified. . The City of Carlsbad has not yet approved the plan or the zoning; therefore, the Coastal Comnission is still issuing permits for the coastal zone. The plan's shoreline access policies recommend that a comprehensive access signing with the State to insure that lateral beach access is plan be developed for Carlsbad and that the City cooperate protected and enhanced. The access signing plan and acceptance of offers to dedicate as required by this recommendation will further these plan policies (policies Street accessway is consistent with policy 7-15 which 7-2 and 7-3, respectively). Improvement of the Ocean states that the Ocean Street offer to dedicate should provide public access. Consistency with Conservancy Access Standards - The Carlsbad Seawall access projects are consistent with Access Standards 1, 2, 7, and 12 (general standards related to location and design of accessways, accessways standards for vertical accessways and support located in areas of high erosion hazard, and specific consistent with Access Standards 1, 3. 4 and 7 (related to facilities.) The Ocean St. accessway project is location and design of accessways, accessways located on access easements near residences, and specific standards for vertical accessways.) (Exhibit 9) C56 Unavailability of Funding from Another Source - The City of Carlsbad has appropriated $905,000 in City Revenue Sharing Funds as its required 25% local share for the seawall project, while the California Department of Boating and Waterways has available $2,915,000 (the 75% maximum to be granted for the seawall). Preliminary estimates show that the seawall will cost over $3.8 million. Cal Boating's policy is to only fund access projects where their shoreline protection projects the existing Cherry Avenue Stairs into the Seawall and interrupt existing access. They have agreed to integrate provide stairs tcr the beach below at a cost of approximately $20,000. The Department of State Parks and for Carlsbad State Beach because they have been waiting Recreation does not have any capital improvements planned for a solution to the beach replenishment and beach stabilization problem before committing to additional major improvements to South Carlsbad State Beach, located capital improvements projects. The Department is planning to the south of Agua Hedionda Lagoon. Therefore, no local or other funds are available for the proposed access does not have funds budgeted for improvements at the Ocean improvements related to the Carlsbad Seawall. The City manage this accessway, staff believe the comnittment of St. accessway, either; as he City has agreed to accept and minimal Conservancy funding needed to restore the accessway to usable condition is well justified. The City has agreed to proviae for the maintenance of all proposed facilities, except for the two bluff access maintained by the State Department of Parks and stairways (at Cherry and Chestnut Ave.), which will be Recreation. Increased Access - At Carlsbad State Beach, the parking area for thirteen vehicles will provide much-needed additional parking. A vertical access at an approximate 1000-foot interval. The new accessway to the north near Chestnut will provide new near Pine Ave., approximately 1000-feet north of the beach will retain an existing access path at its north end proposed stairway at Chestnut, while the southern access frum :!?e Tamarack parking lot will also be retained (approximately 100-feet south of the Cherry Av. stairway.) The Ocean St. accessway has provided entity able to maintain the property. The accessway has access in the past, but there has never been a management fallen into a state of disrepair and access is now hazardous. Improvements will restore this accessway which has been used historically for beach access (Exhibit 8.) California Conservation Corps - c57 The City will contact the Conservation Corps to determine if the Corps can provide some of the labor required for the projects and the amount of the Conservancy grant reduced accordingly. Selection Criteria Urgency- Access to the beach at parts of Carlsbad State Beach occurs informally, causing foot traffic erosion of the bluff. The project will reduce bluff erosion by providing a seawall with beach access stairways. The Ocean St. stairway is only partially existing, with the lower portton eroded by wave action, handrails absent, and vegetation overhanging the accessway. The renovated stairway will help stabilize the bluff by reducing erosion. Furthennore, Conservancy staff have been attempting to locate a management entity for the accessway for four years - partially at the urging of concerned local residents - and it is important to take advantage of the fact that Carlsbad is currently willing to accept the easement from the Conservancy. Cost Effectiveness - The estfrnated average use at Carlsbad State Beach is 2,640 persons per day, based on 900,000 annual user days. Increased public access may result from the proposed increased parking and vertical access. The seawall will have an estimated life span of 50 years, while the access facilities are required to be maintained by the applicant but should be long-lasting (concrete stairs) with lower for twenty years. The project materfals are not low cost, maintenance costs. Based on the high usage of the beach. the proposed project would be cost effective. An assumption of the Ocean St. accessway by the City of Carlsbad will result in maintenance of the accessway, which will prevent further deterioration and thus be cost-effective. Time of Completion - Construction of the seawall access projects is anticipated between October, 1986 and May, 1987. The Ocean St. accessway construction would be completed by the end of October 1987. Comrehensi ve Programs - The proposed projects comprehensively address the existing access needs of the City of Carlsbad. The Ocean St. accessway will provide an additional access to the Carlsbad City Beach which encompasses the northern coast of Carlsbad. The majority of the remaining Carlstad coast C58 is encompassed by Carlsbad and South Carlsbad State Beaches. The City's proposed projects at Carlsbad State beach will provide access improvements beyond those that would be provided by the State Oepartmert of Parks and Recreation. In addition,four existing offers to dedicate public access in the City of Carlsbad, as listed in the Coastal Conmission Access Inventory, have been identified and Three of the offers would provide lateral access along the reviewed by the Conservancy and city staff (Exhibit .) beach between the mean high tide and the toe of the bluff. One offer is located off Ocean Street at Carlsad's City beachlznd two are located off Tierra del Oro. south of Carlsbad State Beach. The forth offer is the Ocean St. accessway, which will provide vertical access when accepted by the city from the Conservancy. Compr?hensive access programs also require access signing. Both the acceptance of the offers to dedicate and implementation of a signing program, in conjunction with the Callfornia Conservation Corps, are required condittons of this grant. INSISTENCY WITH CONSERVANCY ENABLING LEGIFLATION: The Conservancy is authorized under Chapter 9 of the Conservancy Act (Public Resources Code 31400 et se ) to award grants to public agencies for purposes dtial development of lands which are suitable for and which will be used for public accessways to and along the coast. The Conservancy may provide up to the total cost of the initial development of accessways (Section 31400.2). The Conservancy may also provide assistance to aid public agencies in establishing a system of public coastal accessways, and related functions (Section 31400.3). The accessway is authorized under Section 31007 of the Public transfer of the Conservancy's interest in the Ocean Street Resources Code. APPLICABLE COASTAL ACT POLICIES: Article 2, Chapter 3 of the Coastal Act (Public Reso~~rces Code Section 30000 et se .) speaks specifically to public access. Section 30 d mandates that: Article X of the California Constitution, maximum "In carrying out the requfrement of Section 4 of access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with the public safety needs and the need to protect public rights, rights of private property owners and natural resource meas from over use." In addition, Section 30121.5 provides that: facilities, including parking areas or facilities. "Whenever appropriate and feasible, public c59. shall be distributed throughol;t an area so as to mitigate against the impacts social and otherwise, of overcrowding or overuse by the public of any single area. " CEQA COMPLIANCE: The City Council of Carlsbad certified the Environmental Impact Report for the Carlsbad Boulevard Bluff Stabi'lzation Project (SCH # 84091201) on January 7, 1986 (Exhibit 3). The City Council found that the project would have one significant unmitigated impact related to the temporary loss of a portion of the beach as a recreation area during construction. The Conservancy staff has considered the environmental effects of the proposed access project at Carlsbad State Park as described in the Final Environmental Impact geport and concurs that the project will have significant effects on the environment related to several issues including bluff restabilization during construction and loss of beach use during constructlon. Staff believe that this single, unavoidable impact is acceptable because the benefits of the project including protection of the roadway and increased vertical access, outweigh this temporary, adverse effect, and recomnend that the Conservancy so find. The following mitigation measures have been proposed to minimize the significance or potentially significant environnental effects of the proposed access projects: Geology/Seotechnical Considerations * Explore methods of beach replenishment. * Adhere to Uniform Building Code seismic design triter',. * Perform analysis of coastal bluff under seismic loading. * Final geotechnical investigatfon should address soil liquefaction. Locate adverse soil condftions prior to final project design. Design special foundations where necessary. * Perform engineering analysis of gross stab.ility of coastal bluff. Minimize excavations into bluff. Divert storm runoff away from bluff. * Landscape with native vegetation. C60 * Reduce pedestrian traffic on the bluff face. Short-Term Construction-Related Effects * Limit the construction period to spring and fall months to avoid extreme tides and winter storms.. * Provide noise attenuation on all equipment. Provide dust control in construction area. * Use the existing parking lot at the south end of the project area for storage of construction vehicles and materials. These mitigation measures concept which would lessen to a level of insignificance the potentially significance mitigated to a level of insignlficance, the temporary loss effects, except for the one impact which cannot be of a portion of the beach as a recreation area during construction. C61 EXHIBIT 3 Due to its volume, the Final Inpact Report dated October, Copies of this report (approximately 150 pages) are available 1985 was distributed to conservancy Board members only. for inspection at the Conservancy's offices, 1330 Broadway, Suite 1100, Oakland, California, during business hours. C64 RECEiVEC Donald E. Jackson 250 Normandy Lane Carlsbad, California 92008 STATE COASTAL CONSERVANCY OAKLAND, CALIF. December 9, 1985 Council Member AM Kulchin Carlsbad City Hall 1200 Elm Street Carlsbad, California 92008 il/) Dear Ann: /, $ i I \ Enclosed is a letter I received from Gail Odom of the Coastal Conservancy concerning the Strauss dedication for a beach access at the end of Beech Street. This possible access has been batted around for too iong a time. The dedication time limit will run out hfore anything gets done. Please, can you get the city to accept a narrow accessway rather than lose one? The public needs it. Thanks. Sincerely, Donald E. Jackson enc . C65 Donald E. Jackson 260 Normandy Lane Carlsbad, CA 92008 November -J I 1984 Ms Marcia Crimm Ttate conservancy 121 2 Broadway Room 514 Oakland, CA . 94612 Dear Ms Grimm: I am writing to inquire the present staiiis and future action concerning the STRAUCS DEDICATION, file # D-82-20 at 2703 Ocean Street, Carlsbad. - In 1982 a meeting was held with the local residents and a staff member of the Conservancy. At that time a satisfactory solution was indicated by the end of the year. It is now nearly two years later and nothing, to our knowledge, has transpired to complete the project. Flease let me know what your present plans for the site are. Thank you. 2 incerely , dv&T20 & Donald E. Jackson , ! 1( 1: 1: 1: 14 l! 1t 1: If 1s 2( 23 2: 2: 24 25 26 27 2a RESCLUTION NO. 8705 A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AMENDMENT TO OF ASSURANCES REQUIRED BY THE COASTAL RESOLUTION NO. 8439 TO INCLUDE A LIST CONSERVANCY TO APPROVE GRANT FUNDS UNDER THE COASTAL CONSERVANCY ACCESS GRANTS PROGRAM FOR THE BEECH STREET BEACH ACCESS. WHEREAS, an Amendment to Resolution No. 8439 is required to include a list of assurance for grant funds under the Coastal Conservancy Access Grants Program before approval ly the Conservanc Board can be received; and WHEREAS, City acceptance of the offer of dedication of the Beech Street easement is contingent upon grant funding for a stairway facility and: WHEREAS, the Legislature has established the State Coastal 'onservancy (pursuant to Public Resources Code 31000-31400) and nuthorized it to award grants to local public agencies for the ncquisition and development of coastal accessways; and WHEREAS, the grants are awarded pursuant to Guidelines . zstablished by the Coastal Conservancy for determination of project Zligibility for funds; and WHEREAS, said procedures established by the Coastal :onservancy require the applicant to certify by resolution the ipproval of applications and listed assurances prior to submission ~f said applications to the State; NOW, THERFORE, BE IT RESOLVED that the City Council of the :ity of Carlsbad hereby approves amending Resolution No. 8439 to include the followirAg: I/ C67 3 2 3 4 E 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Approves the filing of an application for funding under the State Coastal Conservancy's Access Grants Program; and 2. Certifies that said agency agrees to the assurances, a copy of which is attached hereto as Exhibit A and made a part thereof; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project(s) funded under this program; 4. Agrees to provide any funds needed beyond the grant requested to complete the project(s1 funded under this program through the allocation of uncommitted funds. PASSED., APPROVED AND ADOPTED at a regular meeting of the :ity Council of the City of Carlsbad, California, held on the 22nd day of July , 1986 by the following vote to wit: AYES: Council Members Casler, Lewis, Kulchin and Pettine NOES: None ABSENT: Council Member Chick 7L" J. &sf, MARY H ./CASLER, Mayor iTTEST: t&. a4 LLETHA L. RAUT [SEUL) C68 LIST O? ASSURANCES tho AppUcMt boroby U8UIO. lad cortifios that it rill cmpiy with Conservancy regulations. policies. guidelines md rquiroments as they relato to the accopturce urd a00 of Consorvmcy fund. for this projoct. Also, tho applicant assurance md certifiu with respect to tho grant thatr 1- It por....*s 1.~1 authority to apply for tho grant, and to finance and construct tho propomd frcilitiosr that, whore appropriator a resolution, Wtion Or 8fslil.r action has kon duly adoptod or passed as en official act of the applicmt's govotning body, autboriring tho filing of the appllcatlor., indudin9 all undorstanbings and atlmUIanCos contained theroin, and dtrocting and authorizing tho prmn idontifiad a. tho offictol representative of the applicant to act in connection with the application urd to propid. additional infomation as my bo roqutrad. 2. It will bar. sufficient funds availrblo to ~ot lts own ohare of tho cost for project.. Bufficient ftmd. will k ovailrblo *on the projoct is completed purpo~o. mrutructod. to ~suro tho OffOCtiTO oporation md maintonanco of the facility for tho 30 It holda DUffiCiOBt titlo or intorest in tho proporty ta endlo it to =&OrWIO 1aWfUl do~.lop-at And Wnstruction Of tb0 prOjOct. XXCopt in tho us. whero tbo Grant.. is acquiring an intorost in tho proporty as a part of tbo projoet domloplmt ~ucb tltlo doc-atation ab11 h roviwod by tbe SXOCUtiTO 0ffiC.r Of tb0 CoMOr+Mq. 4. Xt wlll ll8t diDpool0 of or oncmkr it. title or other interest. in tho Bit. faCiutiOD ucopt AB pedtted by tho conservancy. 5. It will pit. tbe Conmor+urcyr through my authorir.6 ropresontativo. rolatod to tbe grant. 6- It dl1 mume vork w tho projoct to k ccrmcod within a rumnable time afur rocoipt of notification fra tho Conrorrmy that frm& hsvae boon apprwod and that tho project will be cerriod to c~~plotlon vlth roasonablo a1igona. Brrithwaito Act (Qaptor 1574, 8t.t~-• of 1971 and robtad mtatutoel, which 7.. It will, uboro appropriato. cwly with the roquirmmeats of the State's prwida. for fair md eqrritrblo troatwnt of Aisplacod porsons. 8. tt will, rhoro appropriate, canply with the raquiroaants of the California .COODO +o .ne +bo riqht to OXllDiDe a11 rOCOld88 book!, P.pc?B8 Or docmnt. .nVhO-tAl QUlity ACt. 9. It will emply with all roquir.rmts iapsed by the Comorvmy concerning spoeial provision8 of hv, md proprplr roquirmont8. C69 EXHIBIT 6 City of Carlsbad Resolution with List of Assurances for Seawall Access Improvements to be Hand-carried to Conservancy Board Meeting C70 BEACH ACCESSES L- - - "_ KEY: City-owned Access Coastar Conservancy"Access (occmJ--st3-.-.--..-~~~.-. Private/Public Access I c73 CCC Permit X 6-85-502 F 9505 F 9661 Access Offers to Dedicate City of Carlsbad August 22, 1986 Street Address Location Type Access Dedication 2723-2727 Ocean Street Carlsbad City Beach Lateral (seaward of the toe of existing riprap) 5OG9 Tierra Del South of Dro Carlsbad State Beach Oro 5005 Tierra Del South of Carlsbad State Beach Lateral (seaward of the toe of the bluff) Lateral (seaward of the toe of the bluff) Exhibft 10 c74 LIST OF ASSURANCES The applicant hrreby assures and certifies that it will comply with Consenancy acceptance and use of Conservancy funds for this project. Also, the applicant regulations, policies, guideline6 and requirements as they relate to the gives assurance and certifies with respect to the grant that: conatruct the proposed faci1itie.r that where appropriate, a resolution, motion 1. It posse88es legal authority to apply for the grant, and to finance and or 8irpClar action has been'duly adopted or passed am an official act of the applicant'8 governing body, authorizing the filing of the application, including all under8tmdings and assurances contained therein, and directing and authorizing the per8on identified as the official representative of the applicant to act in connection with the application and to provide 8uch additional information as may be required. 2. It will have 8ufficient fund8 available to uet it8 om .hake of the cost for project.. Sufficient funds will be available when the project is completed to a88ure the effective operation and maintenance of the facility for the pUrPO808 con8trwted. ' undertrke lawful development and construction of the project. In the case 3. It holds mufficient title or interest in the property to enable it to project development 8uch title docwnentaiton 8hall be reviewed by the Executive where the Grantee is acquiring an interest in the proparty as a part of the Officer of the Con8ervmcy. 4. It will not dispo8e of or encrmrkr its title or other interests in the site and facilities except a8 permitted by the Con8ervancy. 5. It will give the COn8ctvMCy, through any authorized reprcmcntative, related to the grant. acce88 to and the right to examine a11 recorda, books, paper., or docments 6. It will cau8e work on the project to bo commenced within a rea8onable time after receipt of notification frcm! the Conservancy that funds have been approved and that the project will be carried to completion with reasonable biligenrr. 7. It rill, where appropriate, colnply with the requirements of the State's Braithwaite Act (Chapter 1574. Statutes of 1971 and related mtatutes), which provides for fair urd .quitable treatment of dl8placed per8ons. 1nvir-nt.l Quality Act. 8. It will, where appropriate, comply with the requirements of the California 9. It will coeply with all requirements -08ed by the Ccmsemancy concerning special provisions of lw, md program requirarent8. INDEMNIFICATION AND STANDARD PROVISIONS 1. The Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any And all claims And losses accruing or resulting to any And all contractors, subcontractors, materialmen, work, services, materials or supplies in connection with the performance laborers and any other person, firm or corporation furnishing or supplying of this contract, And from any an3 all claims And losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this contract. 2. The Grantee, and the agants And employees of the Grantee, in the performance of this Agreement, shall &Ct in an independent capacity And not AS officers or employees or agents of the State of Cullfornia. 3. The State may terminate this Agreement And be relieved of the payment of any consideration to the Grantee should the Grantee fail tdperfon the covenants herein contained at the time And in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be balance, if any, shall be paid the Grantee upon demand. deducted from any sum due the Grantee under this Agrerment, and the 4. without the written consent of the State, this Agreement is not assignable by the Grantee either in whole or in part. 5. Time is the essence of this Agreement. 6. No alteration or variation of the term of this contract shall be valid understanding or agreement not incorporated herein, shall be binding on unless made in vriting and signed by the parties hereto, And no oral any of the parties hereto. 7. The consideration to be paid the Grantee, as provided herein, shall be in perforemance hereof, including travel And per diem, unless Othtxbrise compensation for all of the Grantee's expenses incurred in the expressly SO provided.