Loading...
HomeMy WebLinkAbout1988-07-05; City Council; 9514; Contract of Construction Carlsbad Blufftop Walkway.. z 0 5 6 a z 3 0 0 CV" OF CARLSBAD - AGENI: BILL OF CARLSBAD BOULEVARD BLUFFTOP WALKWAY DEPT. Rfc!?$!Mk!%!o?!&~~o!!o. ff-22 t' accepting bids and awarding a contract for the construction of the Carlsbad Boulevard BlufftoD Walkwav * ~ .a Project to T. B. Penick, Incorporated, approving an agreement with the California Coastal Conservancy, and transferring and appropriating certain project funds. ITEM EXPLANATION On April 5, 1988, the City Council adopted Resolution No. 88-109 approving plans, specifications and contract documents and authorized the advertisement of bids for the construction of the Carlsbad Boulevard Blufftop Walkway Project. On June 1, 1988, five (5) sealed bids were received as follows: 1. T. B. Penick, Incorporated 2. Maxwell Construction Company 3. L. R. Hubbard, Incorporated 4. Marathon Construction Company 5. Roca Construction Company $ 847,376.00 926,985.00 1,007,840.00 1,037,217.00 939,310.33 :. References have been verified on the low bidder and staff recommends award of the construction of the project to T. B. Penick, Incorporated. On December 8, 1987, the California Coastal Commission approved the City's Coastal Development Permit for this pro j ect . This project involves the construction of a ten (10) foot wide precast concrete walkway along the western bluff of Carlsbad Boulevard from Pine Avenue to Cherry Avenue. The walkway will be supported on piers at thirty-five (35) foot intervals with a four (4) foot high pedestrian handrail extending the entire length of the project. Also to be constructed will be curb, gutter, vehicular guardrail and streetlights along Carlsbad Boulevard. The streetlights to be installed in this project have been designed in such a way as to illuminate both the southbound lanes of Carlsbad Boulevard and the entire length of the Seawall below. Three (3) extended viewing platforms will be constructed integral to the walkway to be equipped with benches and trash receptacles. The walkway, when completed, will provide spectacular views of the ocean to the west and the beach below. Additionally, the walkway will provide a safe pedestrian accessway where none now exists along the seaward side of Carlsbad Boulevard. Additive alternative bid items have been included in the project for the construction of beach access stairways at Maple and Hemlock Avenues, as well as repairs to the existing State of California, Department of Parks and Recreation's Cherry Avenue stairway. Construction of the two (2) new beach access stairways will complete the CityIs comprehensive beach access plan for this area. All essential right-of-way required to facilitate construction of the Page 2 of Agenda Bill No. q5/d project was obtained in 1986 from the State of California concurrent with the Carlsbad Boulevard Seawall project. Construction of the walkway and stairways will require approximately five (5) months and partial closure of the No. 2 southbound lane along Carlsbad Boulevard from approximately Pine Avenue to Cherry Avenue. At no time during the construction will Carlsbad Boulevard be closed to through traffic. ENVIRONMENTAL REVIEW On January 7, 1986, the City Council adopted Resolution No. 8345 certifying the final Environmental Impact Report No. 84-2 for the Carlsbad Boulevard Seawall project which incorporated the blufftop sidewalk and stairway systems. Said EIR is on file in the Planning Department. GENERAL PLAN CONSISTENCY The Planning Commission formally adopted Resolution No. 2696 on October 21, 1987, determining the construction of the Carlsbad Boulevard Blufftop Walkway project was in conformance with the City's General Plan. FISCAL IMPACT A summary of the project bid items is as follows: Base walkway construction bid Maple Avenue stairway Hemlock Avenue stairway Cherry Avenue stairway repair Concrete benches Concrete trash containers Total Construction Items Construction Contingency (10%) Project administration and testing Geotechnical services $641,216.00 76,500.00 78,500.00 41,000.00 7,150.00 3,010.00 $847,376.00 $ 85,000.00 5,000.00 10,000.00 Total Project Cost $947,376.00 Page 3 of Agenda Bill No. Ts/L/ A summary of the available project funding is as follows: City Funding (Redevelopment or General Funds) $600,000.00 State Boating and Waterways grant balance 164,697.35 State of California Department of Parks and 41,000.00 Coastal Conservancy non-prime agricultural mitigation fees (Conservancy Agreement Recreation for Cherry Avenue repairs attached) 100,000.00 Seawall project account balance (City funds) 101,904.77 Total Project Funds Available $1,007,602.12 The City Council, sitting as the Housing and Redevelopment Commission, on June 21, 1988 approved a project priority list for the Redevelopment Agency's tax allocation bond (TAB) sale which included an expenditure of $600,000 for the construction of this pro j ect . There is, however, concern as to the availability of sufficient funds from the TAB sale to fund the construction of all four (4) Redevelopment projects. Staff offers the following options to finance the City's $600,000 participation in this project for the City Council's consideration: - Delete the $600,000 of TAB funds for the Walkway construction from the approved project list for Redevelopment Area eligible projects. Designate $600,000 from the General Fund from available reserves for the construction of the Carlsbad Boulevard Blufftop Walkway project. - Loan on an interim basis $600,000 of TAB funds for the Walkway construction. Designate $600,000 from the General Fund to be repaid to the Redevelopment Agency for the eventual construction of the Downtown Streetscape project if required. - Reject bids and defer construction of the Carlsbad Boulevard Bluf ftop Walkway project indefinitely . Attached Exhibit 3 is a letter dated May 16, 1988 from the State of California Department of Boating and Waterways authorizing the City to utilize $164,697.35 of available State funds for the Walkway project . These funds represent savings from the Boating and Waterways Grant previously secured for construction of the Carlsbad Boulevard Seawall project. In the event construction of the Carlsbad Boulevard Blufftop Walkway project is deferred, these funds would revert to the State of California. Page 4 of Agenda Bill No. 95/4 Attached Exhibit 4 is a letter dated December 4, 1987 from Mr. Henry R. Agonia, Director, State of California Department of Parks and Recreation, expressing the State's desire to participate in cooperation with the City of Carlsbad in the reconstruction of State Parkls Cherry Avenue Stairway. Attached Exhibit 5 is a letter dated June 6, 1988 from Mr. Robert D. Cates, Chief of the Development Division of State Parks, guaranteeing the State's participation in the project. The State will reimburse the City the lump sum stairway repair cost of $41,000 plus all costs related to design, administration, and inspection of the reconstruction of this facility. A detailed City/State agreement will be prepared by State Parks following receipt of the City Councills attached adopting Resolution. The formal City/State agreement will be reviewed by the City Council shortly. In the event construction of the Carlsbad Boulevard Blufftop Walkway project is deferred, the repair of the State's Cherry Avenue facility would also be postponed and this reimbursement agreement would not be forthcoming to the City. Attached Exhibit 6 is an agreement between the City and the California Coastal Conservancy in which the City will be reimbursed up to $100,000 from the Conservancy for the City's construction of additional beach access stairways at Maple and Hemlock Avenues. On January 21, 1988, the California Coastal Conservancy approved the Cityls request to utilize nonprime agricultural mitigation fees on deposit with the Conservancy for access improvements to coastal resources as provided in AB 1291 (Frazee), Chapter 480 of the Resources Code (1987). Staff recommends approval of the attached agreement. In the event construction of the Carlsbad Boulevard Blufftop Walkway project is deferred, Conservancy funding for construction of the access stairways will be postponed indefinitely. EXHIBITS 1. Location Map. 2. Resolution No. ffiJ2f accepting bids and awarding a contract for the construction of the Carlsbad Boulevard Blufftop Walkway project, approving an agreement with the California Coastal Conservancy and transferring and appropriating certain project funds. 3. Letter dated May 16, 1988 from the State of California Department of Boating and Waterways. 4. Letter dated December 4, 1987 from the State of California Department of Parks and Recreation. 5. Letter dated June 6, 1988 from the State of California Department of Parks and Recreation. 6. Agreement with California Coastal Conservancy for utilization of nonprime agricultural mitigation fees for the construction of beach access stairways LOCATION MAP L OCEAN STREET CARLSBAD BOULEVARD vIcm MAP N. T. 5. CARLSBAD BOULEVARD BLUFFTOP WALKWAY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 88-224 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS AND AWARDING THE CONTRACT FOR CONSTRUCTION OF CARLSBAD BOULEVARD BLUFFTOP WALKWAY, APPROVAL OF AN AGREEMENT WITH THE CALIFORNIA COASTAL CONSERVANCY, DESIGNATING PROJECT FUNDING SOURCES, AND AUTHORIZING THE TRANSFER AND APPROPRIATION OF CERTAIN PROJECT FUNDS WHEREAS, bids have been received by the City of Carlsbad for construction of the Carlsbad Boulevard Blufftop Walkway, Project No. 3265; and WHEREAS, the low bid received for the construction of said project was submitted by T. B. Penick & Sons Inc., in the amount of $847,376.00; and WHEREAS, funds are available in the account No. 811-820- 1880-3265 for the construction of this project; and WHEREAS, the City Council of the City of Carlsbad, California, hereby declares it necessary, desirable and in the public interest to construct the aforementioned project; and WHEREAS, the City Council of the City of Carlsbad, California, hereby declares it necessary, desirable and in the public interest to assist the State of California Department of Parks and Recreation in the joint repair of the State's Cherry Avenue Stairway as an element of the aforementioned project; and WHEREAS, the City Council of the City of Carlsbad, California, hereby declares it necessary, desirable and in the public interest to approve an agreement with the California Coastal Conservancy for the use of certain nonprime 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 agricultural mitigation fees on deposit with the Conservancy for the construction of certain access stairways as an element of the aforementioned project; and WHEREAS, the City Council of the City of Carlsbad, California, hereby declares it necessary, desirable and in the public interest to utilize available project funding from the State of California Department of Boating and Waterways for the aforementioned project; and WHEREAS, the City Council of the City of Carlsbad, California, hereby declares it necessary, desirable and in the public interest to combine available project funding from all sources to facilitate construction of the aforementioned project . 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 bid of $847,376.00 by T. B. Penick 61 Sons Inc., for Project No. 3265 for construction of the Carlsbad Boulevard Blufftop Walkway is hereby accepted, and the Mayor and City Clerk are hereby authorized and directed to execute a contract thereafter. .3. That in reliance upon a letter dated June 6, 1988 from the State of California Department of Parks and Recreation, the City of Carlsbad hereby agrees to repair the State's Cherry Avenue Stairway with all costs associated with said design, construction, administration, inspection and related project costs to be reimbursed by the State of California Department of //I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 2a Parks and Recreation. The total estimated cost, subject to and to be modified by, the final project cost is estimated to be approximately $45,000.00 consisting of $41,000.00 of construction costs and $4,000.00 of related administrative, design and inspection services. 4. That the City Council of the City of Carlsbad, California, hereby accepts from the State of California Department of Boating and Waterways as evidenced in a letter dated May 16, 1988 from the State, use of an estimated State Grant Fund balance of $164,697.35 to be utilized for the construction of the aforementioned project. 5. That an agreement with the California Coastal Conservancy dated February 11, 1988 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute said agreement. Following the Mayor's execution of said agreement, the City Clerk is further authorized and directed to return said five (5) signed copies to the Municipal Projects Department for processing. 6. That the Finance Director is hereby authorized and directed to combine and transfer all remaining project funding in the amount of $101,904.77 from the Carlsbad Boulevard Seawall accounts Nos, 300-820-890-3185, 180-820-8140-3185 and 180-820-8121-3185 to the Carlsbad Boulevard Blufftop Walkway project account No. 811-820-1880-3265, /// /// /// /I/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. That all aforementioned project funding from all sources totalling $1,007,602.12 is hereby appropriated in project account No. 811-820-1880-3265 for the Carlsbad Boulevard Bluff top Walkway project . PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 5th day of July , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES : None ABSENT: None ATTEST: EXHIBIT 3 - STATE OF CALIFORNIA-THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF BOATING AND WATERWAYS 1629 S STREET SACRAMENTO, CA 95814-7291 (916) 445-6281 May 16, 1988 Mr. John J. Cahill Municipal Projects Manager 2075 Las Palmas Drive Carlsbad, CA 92009-4895 Subject: Carlsbad Seawall Project, Bluff Walkway Phase CDBW #85-42-100, City of Carlsbad, San Diego County Dear Mr. Cahill: The Department of Boating and Waterways (CDBW) has reviewed the plans and specifications for the Bluff Sidewalk Phase of the subject project and grants permission to the City of Carlsbad to use the remaining project funds for the construction of the bluff top walkway. The status of State funding for the project on June 27, 1988 is as follows: Advanced Funds Account (City of Carlsbad) $ 39,862.05 Interest Earned on Advanced Funds Account to 12/31/08 10,944.00 Remaining Construction Funds (State Account) 153,753.35 State Funds Available for Future Construction $164,697.35 *Total State funds available for construction will be slightly greater than the above amount due to the interest earned on the advanced funds account since 12/31/88. The City of Carlsbad shall provide CDBW a current accounting of the remaining advanced funds on deposit including interest earned to date. If CDBW can assist you in further administrative procedures, please feel free to contact me at (916) 445-8349. RECEIVED JUN 02 1388 MUNICIPAL; PROJ€CT'S DIVISION cc: Ms. Sandra Schmidt Sincerely, BILL S. SATOW AssistanfiSlDirector BY I- Beachgrosion Branchj /,' EXHIBIT 4 GEORGE DEUKMEJIAN, Gowrnor STATE OF CALIFORNIA-THE RESOURCES AGE. DEPARTMENT OF PARKS AND RECREATION .. P.O. BOX 2390 SACRAMENTO 9581 I (91 6) 445-2358 DEC 4- 1987 Mr. John J. Cahill Municipal Projects Manager City of Carl sbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 RECEIVED DEC 08 1987 MU N IC1 PAL PROJEOT3 DIVISION Dear Mr. Cahill: Carl sbad State Beach Cherry Avenue Stairway Your letter of September 14, 1987 suggested that significant administrative and construction economies could be realized through a joint effort if the State replaced the Cherry Avenue Stairway in conjunction with the City's 1 arger project . It is my understanding that the approximate cost to the Department of Parks and Recreation is $78,000. Further, the City is willing to include this item as an additive alternate to their contract for work in the same area. The Department concurs with your suggestion that an agreement be drafted to include the replacement of the Cherry Avenue Stairway. I anticipate visiting the state parks in your area and would be happy to meet with representatives of the City to visit the Cherry Avenue site. I will be available to discuss mutual problems and the future expansion of the State Park facilities in conjunction with the City's evaluation of various approaches to coastal highway alignments in Carlsbad. Sivcere 1 y , Director EXHIBIT 5 STATE OF CALIFORNIA-THE RESOURCES AGENCY GEORGE DEUKMEJIAN. Gavemar DEPARTMENT OF PARKS AND RECREATION P.O. BOX 942896 SACRAMENTO 94296-0001 (916) 445-4794 Mr. John J. Cahill Municipal Projects Manager City of Carlsbad 2075 Los Palmar Drive Carlsbad, CA 92009-4859 Dear Mr. Cahill: This letter is to confirm our phone conversation of June 2, 1988 concerning the $41,000 bid for construction of the Cherry Avenue Stairway. The $41,000 cost to the Department of Parks and Recreation is agreeable. Please consider this letter as our commitment for our share of the designs, construction, and inspection of the new Cherry Avenue Stairway. We are in need of the resolution of agreement from your City Council. A revised agreement from the Department of Parks and Recreation will follow. Sincerely, Robert D. Cates, Chief Development Division cc: Ed Williams, Manager, Construction Section William Fait, Superintendent, San Diego Coast District Southern Region EXHIBIT 6 TITLE OF OFFICER ACTING FOR STATE Executive Officer fwmovED ey THE STANDARD AGREEMENT - I ATTORNEY GENERAL 3 STATE OF CALIFORNIA STD z (REV z/esi AGENCY hercafter culled thc Sfatc. and CONTRACT NUMBER AM. NO. State Coastal Conservancy 87-064 0 CONTRACTOR 0 STATE AGENCY 0 DEPT. OF GEN. SER. 0 CONTROLLER hercaftcr ca/led the Contractor. City of Carlsbad CONTRACTOR'S 1.0. NUMBER SCOPE OF AGREEMENT AGENCY Executive Officer BY (AUTHORIZED SIGNATUREI Pursuant to Sections 30171.5 and 31400 et seq. of Division 21 of the Pub1 ic 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. CONTRACTOR (IC OTHER THAN AN INDIVIDUAL, STATE WHETHER A CORPORATION. CARTNERSHIP. ETC.1 City of Carlsbad BY (AUTHORIZED SIGNATUREI 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 C,~~~lnr~~Doc~~~~~~~~~. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, iipn the date first above written. The provisions on the reverse side hereof constitute a part of this agreement. STATE OF CALIFORNIA CONTRACTOR I X PRINTED NAME OF PERSON SIGNING . Peter Grenell TITLE Executive Officer X PRINTED NAME AND TITLE OF PERSON SIGNING ADDRESS 2075 Las Palmas Drive, Carlsbad, CA 92009 $ P Aye- Stairs $ ADJ DECREASING ENCUMBRANCE OBJECT OF EXPENDITURE (CODE AND TITLE) $ CHAPTER STATUTE FISCAL YEAR I 1984 1 84'85 3760-803-565-84 1388 Carlsbad Mitigation Account TBA NO BR NO I hcdy c cwify itjioii nir/oi~n pr>ona/ knowledgr that budgetedfunds are alxlilnldcfor tlw p*rio(l and prirpo\eof the expenditure statedahow SIGNATURE OF ACCOUNTING OFFICER DATE FUND TITLE AMOUNT ENCUMBERED PROGRAMKATEGORY (CODE AND TITLE1 Department of General Services Use Only I certify that this grant agreement is exempt from Department of General Servicc approval. Y I II I herehy tvrfify that all conditions for excniption set forth in Stale .4dn1inistratiw Manual Scc'fiort 1209 haw Iwcw coriiplied tcith and this docrrnlent is exempt front revirrr by the Departnietit of Finance. SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY 1 DATE 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) the execution of and approving terms and conditions of this Agreement. A Resolution has been adopted by the City Council of the Grantee authorizing (2) The Executive Officer has approved in writing: (a) (b) "SIGNS" section of this Agreement; the Work Program for the Project; the plans for the erection of signs and placards as described in the (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) Written evidence has been provided to the Conservancy: (a) Project under applicable local, State and Federal laws and regulations have been obtained; that all permits and approvals necessary to the completion of the (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. Written certification that funds necessary to complete the entire project (4) 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 public access, summarized in Exhibit 2 of the Conservancy Project Synopsis attaced to the Agreement as Exhibit A. Notwithstanding the above, Grantee may commence 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 Carl sbad 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. AUTHORIZATION 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 WORK PROGRAM 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. 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, i ncl udi ng the Conservancy's grant and a1 1 other sources of monies, materials, or labor. The Grantee also shall review and explain the plans on site with staff of the Conservancy. The Project Budget shall describe all labor and materials costs to be 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. Agreement and of the Work Program, the language of this Agreement shall be controlling. In the event of inconsistency betweena the language of this The Grantee shall construct the Project in accordance with the approved Work Program. BOND I NG 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. be provided by the Conservancy to the Grantee for this purpose. 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. Conservancy pending placement of the signs and placards in the manner approved by the Conservancy. Such placards shall Plans describing Final reimbursement may be withheld by the COSTS AND DISBURSEMENTS Upon determination by the Conservancy that a1 1 "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 (la), 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. 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. Failure to fully execute and EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS 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. 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. The allocation of the Conservancy's total grant among various items 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 for Disbursement" form; and (3) "as built" drawings of the completed Project. EARLY TERMINATION AND FAILURE TO PERFORM 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 ob1 igation 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 fulfill any other obligations of this Agreement prior to the Termination Date, the Grantee shall be liable for immediate repayment to the Conservancy of all amounts disbursed by the Conservancy under this Agreement "ON. if yes type: plus accrued interest"0"C. The Conservancy may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. remedies the Conservancy may have for breach of this Agreement. This paragraph shall not be deemed to limit any other City of Carl sbad 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 uti1 ities, insurance, and expenses necessary to produce gross revenues. 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 rep1 ace or reconstruct capital assets or basic structures. "Maintenance costs" include ordinary 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 pub1 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 o $1,000,000 each occurrence and $1,000,0000 in the aggregate. C 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. contain an endorsement specifying that: The liability insurance policy shall (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) insurance policy. The Conservancy is not responsible for premiums and assessments on the Nothing in this Agreement is intended to create in the public or any member thereof rights as a third party beneficiary hereunder. LOSS INSURANCE 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. shall be issued by a company or companies admitted to transact business in the State of California. The insurance policy shall contain an endorsement speci fyi ng that : Such insurance (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 pol icy. 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 Pub1 ic Accountants. City of Carl sbad 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, re1 igion, 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.). 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. nondiscrimination clause shall be included in all subcontracts entered into by the Grantee to perform work provided for under this Agreement. The applicable regulations of the Fair This INDEPENDENT CAPACITY 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. AM ENDM ENT Except as expressly provided herein, no alteration or var,ation 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. 'I 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 $100,000 from the Carlsbad Mitigation Account to the City of Carls- bad for the construction of the Maple Avenue Stairway to further complete the Seawall Project at Carlsbad State Beach. Construction of 8 beach access stairway at Maple Avenue in the City of Carlsbad to provide expanded access to the shoreline. SHORT DESCRIPTION: LOCATION: City of Carlsbad, Sln Diego County, South Coast District (Exhibit 1). c PROGRAM CATEGORY Coastal Access FINANCIAL SUMMARY Carlsbad Mitigation Account 100,OOO City of Carlsbad 40,000 Conservancy Bond Funds 3 TOTAL Estimated Construction Costs SI 40,000 PROJECT SUMMARY The City has requested funds from the CIrlsbrd Mitigation Account, administered by the State Coastal Conservancy, to construct 8 stairway Over the City's &aw8ll Project 8t Maple Avenue, enabling usen to reach the shore. A maxi- mum of $lM,OW b currently lvailable 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 - Frtzee, Chapter 480, Statutes of 1987). No other such uses require funds from the account at this time. The City wisher to proceed with the Maple Avenue stairs and will pay for 811 costs over the rvaifable S100,OOO. The Conservancy previously approved funding for the construc- tion of Sycamore Stairway (now completed) which was one of the original three stairways It the Seawall Project for which the City requested Conservancy funding. c1 1 STATE COASTAL CONSERVANCY Staff Recommendation ' January 21, 1988 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 et seq. and 30171.5 of the Public Resources Code: "The State Coastal Conservancy hereby au thorizes disbursement of an amount not to exceed one hundred thousand dollars (S100,OOO) from the Tarlsbad Mitiga- tion Account' in the State Coastal Conservancy Fund to the City of CIrlsbad for the construction of an rccess stairway from the terminus of Maple Avenue to Carlsbad State Beach, subject to the following condi- tions: 1. Prior to the disbursement of any funds, the City shall submit for the review and approval of the Executive Officer of the Conservancy the follow- ing a. A final work program for the project includ- ing 8 budget, detailed working drawings, and I coastal access signing plan; b. Written certification that funds necessary to complete the entire project are rvailable; md c. The City brr recorded certificates of rccep- trnce evidencing that the City bas accepted 15 offers to dedicate easements for open space rad public rccess, summarized in Exhibit 2 of the rccompanying staff recom- mendation. The City shrll rgree to operate and maintain the access stairway for 1 period no less than twenty yern from completion of construction." -- -_ 2. Staff rho recommends thrt the Conservancy rdopt the following findings bawd on the information rnd exhibits contained in this staff recommendation: "The State Coastal Conservancy hereby finds that 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 31400-31405) which authorizes the Conser- vancy to aid in the implementation of a system of public accessways to and along the state's Coast- line; 2. The proposed access improvements will serve greater than local public needs; 3. The proposed project is consistent with the relevant guidelines and criteria ret forth in the Conservancy's Comprehensive Coastal and San Francisco Bay Access Program Announcement adopted by the Conservancy in April 1985; 4. Expenditure of 50% of collected and bonded Carlsbad Mitigation Account fees for the Maple Avenue Stairway is 8 high priority under Public Resources Code Section 30171.5 because the project will provide access to public beaches in Carlsbad and because' these funds are not cur- rently needed for higher priority projects at Batiquitos and Buena Vista Lagoons; and 5. The Conservancy has considered the environmental effects of the proposed acceu project at Carlsbad State Beach as described in the Final Environ- mental Impact Report (Exhibit 3) certified by the City of Carlsbad and concurs that the project will have no significant impact on the environment.' STAFF DISCUSSION: Site Description- Carlrbrd State &acb is located west of Carlsbad Boulevard between Pine Avenue and Sin Diego G8s and Electric Com- pany's Encina Power Plant, in the City of Carlsbad, about 26 miles north of the City of Sin Diego (Location Maps, Exhibit I). The park unit has approximately 7,150 feet of ocean frontage. Existing facilities include three parking lots accommodating 270 vehicles and one restroom. The beach unit consists of a narrow strip of cliff-top terrace, an eroded ocean-facing cliff, and sand and cobble beaches. The maximum elevation of the terrace is 40 feet. Littoral sand movement consistently alters the width, elevation and configuration of the beach. At times there is no sand, only cobbles. Beach sand has been replenished in the past through periodic dredging of the Agua Hedionda Lagoon at the southern edge of the park boundary. Principal recrea- tion activities include surfing, sunbathing, fishing and swimming. c3 Project History- Approval of the requested S100,OOO in funding would enable the City of Carlsbad to construct a new 8CCCSS 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 8 grant of $192,560 for the construction of one vertical 8CCeSS stairway along the seawall to provide beach access and for the restoration of the Ocean Street access stairway to the north of the Seawall Project area. An additional $67,485 in funding was requested and granted in February 1987, to cover unforseen increased construction costs rnd to provide for the total funding of seven serwall-to-beach stairwells. The seven stairwells were completed in June 1987, rad compktion of the &C8n Street 8CCCS stairway restoration is anticipated in June 1988. As a condition of accepting the 1986 grant, the City of Carlsbad agreed to accept three (3) offers to dedicate lateral beach 8CCCS throuih the Conser- vancy's Dedications and Donations Program. There Ire still fifteen (15) additional offers to dedicate open space, vertical rad lateral access urements in the Cartsbad are8 (Exhibit 2). Consistent with the Access Program policies* rcceptance of these offen to dedicate is I condition precedent to disbursement of funds under the grant. The construction of two remaining accc~s stairways at ibf8ple and Hemlock Avenues will complete the Carlsbad Seawall Project. Coast81 Commission permit3 have already been granted which incorporate both the proposed Maple Avenue rad the Hemlock Avenue projects. Construction of both stairways will provide additional VCftiC81 8cce~ from the bluff-top to the beach. The City bs; requested funding from the Carlsbad Mitigation Account for construction of the higher priority Maple Avenue stairway. Staff recom- mends thrt $lOO,OOO of the availabk funds be used for this purpose. The City will provide the remaining S40,OOO to complete the construction. The City anticipates using alternative funding sources for tbe proposed Hemlock Ave- nue access stairwry. Project Description- The proposed Wple Avenue rcces stairway is located between the newly constructed Sycamore stairway and an existing stairway at Cherry Avenue, which is a State Parks facility. The proposed Maple Avenue Stairway is approxi- mately SO0 feet from other access points, consistent with Conrervancy acces standards for urban arms. Construction of both of the rernrining two bluff-to-seawall stairways (Maple and Hemlock) would provide a tot81 of six (6) ver- tical access stairways between the seawall and the bluff spanning a distance of about 3.500 feet along the Pacific Coast Highway rt the top of the bluff. c4 PROJECT FINANCING Construction of the Maple Avenue Stairway is estimated at 5140,000. The Conservancy would provide 5100,000 from the Carlsbad Mitigation Account. The City will provide $40,000 of funds for the project. The Carlsbad Mitigation Account was established pursuant to Public Resources Code 30171.5 (attached IS Exhibit 4). The rccount consists of fees paid mitigate the effects of coastal tone in the City of Carlsbad. (These fees are separate rnd distinguishable from the agricultural conversion fees paid to the Conservancy under the so-called We110 I and 11' Segments of the Carlsbad LCP, which are dedicated to on Agriculturrl improvements program in the City of Carlsbad and to preservrtion of rgriculture generally throughout the coastal zone.) Funds deposited in the Carls- bad Mitigation Account of the State Coastal Conservancy Fund, currently totalling S200,000, are rppropriated to the Conservancy solely for the purpose specified in Section 30171.5. As amended, the statute provides for expenditures from the account for several types of projects, in I speci- fied order of priority. First, not less thrn fifty percent of the fees collected must be expended on the restoration of naturtl resources rnd wildlife hrbitrt in Batiquitos Lrgoon, the highest priority use. The second priority use of the funds is the development of an interpretive center rt Buenr Vista Lagoon. Provision of 8CCCSS to the public berches of Crrlsbrd is third priority. development on certain-pri z e agricultural lands in the Although it is rnticiprted thrt rdditionrl funds will be paid to the rccount 8s development of rgriculturrl Irnds is permitted, these statutory priorities restrict the Conservrn- cy's options for use of the funds, Consistent with the requirement thrt fifty percent (50%) of fees collected rnd bonded be expended on the highest priority, SlO0,OOO of current funds in the Account must be reserved for the restorrtion of Brtiquitot hgoon. 'fhe remrining S100,000 can be used for an recess project only if the funds are not needed for the second priority, tbe Buenr Vista Lagoon interpretive center. The City of Ocernside hrs received $165,000 in Environment81 License Plrte funds to construct the Interpretive Center building. The shell of the building is completed rnd the Ci of Ocernside hrs rdvrnced S90,OOo towrrds completing o& frcilitica Loctl fundrrising efforts will provide addition81 money needed for exhibits. SCHEDULE Construction of the Maple Avenue Strirwry is anticiprted to begin in the spring of 1988 and will be completed within the same year. LOCAL SUPPORT Letten of support are rttrched 8S Exhibit 5. C5 CONSISTENCY WITH CONSERVANCY ACCESS PROGRAM CRITERIA Mlnlmum Crlteria Server Greater than Local Need: The Carlsbad Seawall is located within the City of Carlsbad, which has 8 population of 49,000. The population of northern San Diego County rad southern Orange County is rpproximately one million. The project will provide additional rnd enhanced access to Carlsbad State Beach rnd the beach just to the north. Carlsbad State Bercb estimates 900,000 user days per year. The entire Serwall project rnd new rccess facilities have rlready rttracted incrersed users from the immediate neigh- borhood rad city, rdpccnt inland cities rnd visitors staying It motels in the vicinity of the site. Local Coastal Program Conslrtemcl: The project site is within the Me110 I1 segment of the Crrlsbrd Local Coastal Program Lrnd Use Plrn, certified by the Coastal Commission on June 3, 1981. The zoning plrn for the Me110 11 area also hrs been certified. The City of Crrlsbad hrs not yet rp proved the plan or the toning; therefore, the Coastal Com- mission is still issuing permits for the coast81 zone, rnd 8 permit for the Maple Avenue Strirwry hu been issued. The plan's shoreline rccas policier recommend thrt 8 compre- hensive ~CCCSS signing plan k developed for Crrhbrd rad thrt the City cooperate with the State to insure that lrterrl berch rccess is protected rnd enhanced. The rcccsz signing plrn rnd rcceptrnce of offen to dedicate as required by this recommendation will further these plrn policier (policies 7-2 rnd 7-3, respectively). Provision of rn rdditionrl strir- wry is consistent with policy 7-15 which public 8CCCS shall be provided. COndSteDCy wlth COBSWT8.Cv Access St88d8rdr: 'fhe bhpk Avenue Strirwry project h consistent with Access strndrrds 1, 2, 3, 4, 7, rad 12 (#enerr1 strndrrds relrted to loation rnd design of rcceswrys, rcc~wrys located in rre8s of high erosion hrurd, rad specific strndrrds for vertic8l rccesswa ys rnd support f rcili tier). U88VdhbilitJ of Frrdlng From Amotbrr hmrce: To drte, the City hrs spent S905,aOO on the Serwrll Project rad hrs only limited funds rvrihbk to complete the rccess plrn. The City will provide $4O,OOO mrtching funds and will oper- rte rnd mintrin the strirwry. Imcreaud Aces The proposed Maple Avenue access stairwry will provide new rnd improved vertical rcccs. Selectlam Crlteria Ursemcy: Access to the berch rt prrts of Crrlsbad State Bcrch occurs informrlly, musing foot traffic erosion of the C6 CONSISTENCY WITH CONSERVANCY ENABLING LEGISLATION: APPLICABLE COASTAL ACT POLICIES 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 Effectlvcness: The estimated average use at Carlsbad State Beach is 2,640 persons per day, based on 900.000 annual user days. Increased public access may result from the proposed increased parking red vertical access. The seawall will have an estimated life span of SO years, while the access facilities are required to be maintained by the applicant for twenty years. The project materials are not low cost, but should be long-lasting (concrete stairs) with lower maintenance costs. Based on the high usage of the beach, the proposed project would be cost effective. Comprcbcmslre hograms: The proposed project will further the completion of the seawall comprehensive access program. ACCCpt8nCe of the fifteen (IS) offers to dedicate will assist in the effort to manage, monitor and effectively plan open spaces and public acccss in the region. The Conservancy is ruthorized under Chapter 9 of the Conservancy's enabling legislation (Public Resources Code 31400 et seq.) to rward 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 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, md related functions (Section 31400.3). Article 2, Chapter 3 of the Corstal Act (Public Resources Code Section 30000 cr seq.) speaks specifically to public ICCCU. Section 30210 mrndates that la carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shalt be conspicuously posted, and recre- ational opportunities shall be provided for all the people consistent with the public safety needs and the need to protect public rights, rights of private proper- ty owners and natural resource areas from over use? In addition, Section 30121.5 provides that Whenever ippropriate and feasible, public facilities.... shall be distributed throughout an arm so as to miti- c7 I_ .. gate against tbe impacts, social and otherwise, of overcrowding or overuse by the public of 8ny 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 3017J.S. 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 8 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 Stabilization Project (Exhibit 3; SCH #84091201) on January 7, 1986. The Report addressed the development of several berch rccess strirways 8s part of the Seawall Project rad did not iden- tify any significant effects on the environment that would be mused by the development of the Maple Avenue Stair- way. Staff concurs in this assessment and recommend that the Conservancy rdopt the proposed CEQA findings. CS .. t .I , .. EXHIBIT 1 rroject Locatio. Wpr .. #ACH ACCESS STAIRWELLS .- PAVED LATERAL ACCESS PATHWAY ... SAND RAMPS FOR EMERGENCY VEMICLL IrCC€SS STORM ORAlN IN TE RCEPTOR EXISTING STORM MAIN 'g-' -- -e - - 3nN3AV 31dVW 1 J InN3AV lnNAS3H3 I 3nN3AV 3YOWV3AS -I I. n a U > w wl 8 a P < v) 4 < 0 m a c w w c c 0 2 w 0 0 C13 EXHIBIT .. II 4 I EXHIBIT 2 OPEN SPACE AND ACCESS DEDICATIOH QPEN SPACE Grantor KEL - CAL LR Partnership Puesta Del Sol Grupe Real Estate Native Sun Investments Sears Savings Bank Kelley Ranch CCC Permit No. 6-84-617 6 -82 - 501 5-77-81 6- 84 -5 18 6-83-51 6-83 -61 3 6-84 -61 7 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 b 15; 208-020-17, 18,30, 32 and 33 ACfESZ (Lateral and Vert icrl ) Tamarack Investors Ltd. Me1 1 gren Brown Sears Savings Bank Carlsbad Inn Klett Ham1 in hc ha *F2540 6-87-36 6-86-278148 -6 -83-613 6-85-492 A77-81 6-83-81 F2rsqo *Vert i cal **Vertical and Lateral Offers to Dedicate 300 Tamarack Avenue Adams and Hoover Streets 5099 Shore Drive So. end of Harbor Drive 3037 Ocean Avenue 2601 Ocean Avenue 2445 Ocean Avenue &*I a-wd C14 EXHIBIT 3 Find Env~ronmcata~ Impact Report October 1985 Distributed to Board Members only due to rolumc of docttmenr A copy is arailable for inspection at the Conservancy’s ojfices and at the Public Hearing ClS I' . a. EXHIBIT 4 ?rblic Rerowor Code Section 30171.5 C16 i i. c t .. ,* .. I C18 . EXHIBIT 5 Ltttert of Support c19 , , 2075 US PALMAS DRIVE CARLSBAD, CALIFORNIA Offim Of tho MUnlClp8l pfO/OCt8 December 15, 1987 California Coastal Conservancy Attention: Hs. Alyse Jacobson 1330 Broadway, Suite 1100 Oakland, California 94612 c "y OF CARISBAD'S A ESS STNRWAYS Dear ?Is . Jacob8on: With reference to REQUEST FOR our recent TELEPHONE @le) 4381161 RECEIVED AB 1291 (FRAZEE) FUNDING FOR BEACH telephone conversation concerning the City of Carlsbad's request to utilize AB 1291 (Frazec) funding for the proposed beach access atairways, 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 mubject of this request. The Commission permit incorporates by reference the project plans, mpecificationm, and contract documants depicting the access stairways. These documents are on file with the City of Carlsbad. California Coastal Commission Permit No. 6-86-313A-2 (Amendment) approved by the Commission on December 8, 1987, for the Carlsbad Boulevard Bluff-top Walkway project which is the vehicle by vhich the requested beach access stairways will ba installed. The Conunission's findings approving the permit amendment are not available as of this date. Please not8 the Commission formally approvod the permit amendnent with the deletion of Special Conditions U, B, and 0. Location aap depicting the Carlead Boulmvard Seawall project vhich vas completed in June of 1987. Location map depicting the Carlsbad Boulevard Bluff-top Walkway project and the existing and proposed beach access mtaiwayo . c20 f c Page Two December 15, 1987 CITY'S REQUEST FOR AB 1291 (FRAZEE) FUNDING In general terms, the City proposes the construction of beach access stairways 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 pennit amendment approval for the bluff-top walkway project, the City has tentatively scheduled construction of the project including the access stairways at Xaple and Hemlock Avenues to begin in the Spring of 1988. Two (2) new accesa stairways are proposed: Xaple Avenue (estimated construction cost of $140#000), and Hemlock Avenue (estimated conatruction cost of $118,000). The City of Carlsbad formally requests the Coastal Conservancy's approval of AB 1291 (Prazee) funds on deposit with the Conservancy for a portion of the construcgon of the Xaple Avenue access stairway. Conaervancy staff baa indicated a total of approximately $100,000 is available to fund this stairway in accordance with the requirements of amended Section 30171.5 of the Public Resource8 Code. The City of Carlsbad will fund the balance of the construction including all related administration and inspection coats estimated to be an additional '$40,000 for this stairway. The city will continue to pursue alternative funding sources for the proposed Hemlock Avenue access atairway. Carlsbad staff vi11 be attending the January 21, 1988, Conservancy meeting to respond to any questions or additional information that MY be requir8d for this item. Thank you for Mdicipai Projects Manager C: Assemblyman Robart ?razee Michael McCollum, Assistant Secretary for Resources, State of California City Manager Amsistant City Manager City Engineer c21 "