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2014-05-20; City Council; 21604; Approve Right of Entry Permit with California Department Parks and Recreation to Improve, Maintain Upper Picnic Facilities Tamarack State Beach, Coastal Bluff at Tamarack/Frazee State Beach
CITY OF CARLSBAD - AGENDA BILL 14 AB# 21,604 APPROVE A RIGHT OF ENTRY PERMIT WITH THE STATE OF CAUFORNIA DEPARTMENT OF PARKS AND RECREATION TO IMPROVE AND MAINTAIN THE UPPER PICNIC FACILITIES AT TAMARACK STATE BEACH AND THE COASTAL BLUFF AT TAMARACK/FRAZEE STATE BEACH DEPT. DIRECTOR MTG. 05/20/2014 APPROVE A RIGHT OF ENTRY PERMIT WITH THE STATE OF CAUFORNIA DEPARTMENT OF PARKS AND RECREATION TO IMPROVE AND MAINTAIN THE UPPER PICNIC FACILITIES AT TAMARACK STATE BEACH AND THE COASTAL BLUFF AT TAMARACK/FRAZEE STATE BEACH CITY ATTY. -^i^ DEPT. p&R APPROVE A RIGHT OF ENTRY PERMIT WITH THE STATE OF CAUFORNIA DEPARTMENT OF PARKS AND RECREATION TO IMPROVE AND MAINTAIN THE UPPER PICNIC FACILITIES AT TAMARACK STATE BEACH AND THE COASTAL BLUFF AT TAMARACK/FRAZEE STATE BEACH CITY MGR. RECOMMENDED ACTION: Approve a right of entry permit with the State of California Department of Parks and Recreation to improve and maintain the Upper Picnic Facilities at Tamarack State Beach and the Coastal Bluff at Tamarack/Frazee State Beach, and 1. Adopt Resolution # 2014-098 _, entering into a Right of Entry Permit with the State of California Department of Parks and Recreation for Operation ofthe Tamarack State Beach Upper Picnic Facilities and the Tamarack/Frazee State Beach Coastal Bluff; Adopt Resolution # 2014-099 , approving FY 2014 Capital Improvement Program Project Requests for Tamarack State Beach Upper Picnic Facilities Improvements, and Tamarack/Frazee State Beach Coastal Bluff Restoration, and appropriating funds; Adopt Resolution # 2014-100 , adding the City of Carlsbad as a co-grantee to Agricultural Conversion Mitigation Fee Grant Project #AGP 09-10, Coastal Bluff Restoration - Tamarack and Frazee; Adopt Resolution # 2014-101 , approving Amendment #4 to amend and fund the agreement with Nissho ofCalifornia, Inc., for Median, Parkway, and Landscape Maintenance Services. ITEM EXPLANATION: The State of California Department of Parks and Recreation (State) operates under significant budget constraints that have resulted in a corresponding decline in the quantity and quality of services it provides to the public at Tamarack State Beach and Frazee State Beach. This is evident at the Tamarack State Beach Upper Picnic Facilities and the Tamarack/Frazee State Beach Coastal Bluff. The boundary ofthe Tamarack State Beach Upper Picnic Facilities (Picnic Facilities) is depicted in the attached aerial photograph [Exhibit 5], and excludes the Tamarack Ave. parking lot. It includes approximately 1.5 acres of passive turf, hardscape, raised planters, trees, picnic tables and benches, trash receptacles, a shower, a stairway with adjacent hand railing, a blockhouse restroom and a DEPARTMENT CONTACT: Kyle Lancaster 760-434-2941, Kyle.Lancaster@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • Page 2 corresponding wastewater pump station. The boundary ofthe Tamarack/Frazee State Beach Coastal Bluff (Coastal Bluff) is depicted in the attached aerial photograph [Exhibit 6]. It includes approximately 4.8 acres of slopes which contain a mixture of both non-native and native plant material, and a set of unpermitted/unimproved footpaths near the northern and southern ends ofthe boundary. The City of Carlsbad (City) has become increasingly concerned about the effects of the State's declining service levels within these properties on the general public, including residents, business owners, and tourists. The State's inability to provide basic improvement and routine maintenance services on such high profile properties bears a negative reflection on the City's image. For these reasons, several members of the public have recently indicated a desire for the City to assume the basic improvement and routine maintenance services of State-owned beach sites. In consideration of these concerns and desires, City staff initiated discussions with State staff on the potential for the City to assume such services from the State - in the short-term, and in the long term - at the Picnic Facilities and at the Coastal Bluff. The following is a summary describing the current status, and the actions needed for the City to assume these services. The summary is divided into three sections. The first section addresses a Right of Entry Permit/Operating Agreement, which would be applicable to both the Picnic Facilities and the Coastal Bluff. The second and third sections address components which would be specific to either the Picnic Facilities or the Coastal Bluff. Right of Entrv Permit/OperatinR Agreement The State has submitted the attached Right of Entry Permit [Exhibit 7] to the City for approval. Per the Terms and Conditions, Section 1 - Project Description, ofthe Right of Entry Permit (Permit), the State proposes to grant the City permission to: 1) enter onto the Picnic Facilities solely for the purpose of "...maintaining landscaping, irrigation systems, hardscapes, and daily facility housekeeping tasks for the comfort station (i.e. blockhouse restroom)...", and 2) enter onto the Coastal Bluff solely for the purpose of "...revegetating native coastal bluff habitat, retrofitting/expanding existing irrigation system, and maintaining said vegetation and irrigation system...." Per Terms and Conditions, Section 2 - Term of the Permit, the Permit "...shall only be for the period beginning on 5/20/2014, and ending on 5/19/2015, or as may be reasonably extended by written mutual agreement ofthe Parties." The intent ofthe Permit is to allow the City a timely, short term means of entering the Picnic Facilities and Coastal Bluff in order to commence improvement and maintenance services. Presuming successful results are achieved within the initial term ofthe Permit, the goal of the State and the City would be to execute a long term Operating Agreement for the continuation ofthe described services at the subject sites. Presently, the State and the City have one such long term Operating Agreement in place. It is for the Ocean Street Sculpture Park and parking lot (Sculpture Park), which are located northwest ofthe intersection of Pine Avenue and Carlsbad Boulevard. The services provided by the City at the Sculpture Park are consistent with the services proposed to be provided by the City at the Picnic Facilities. In 1990, the State and the City entered into the original 20-year Operating Agreement for the Sculpture Page 3 Park. In 2011, based on the successful results achieved, the State and the City entered into a successor 20-year Operating Agreement for the Sculpture Park. Due to the extensive nature and duration of an Operating Agreement, it requires additional levels of State review and approval. The process of fully executing an Operating Agreement with the State for the Picnic Facilities and the Coastal Bluff is expected to require at least 12 months. This Permit would provide the necessary means for the City to enter the Picnic Facilities and Coastal Bluff during the proposed Operating Agreement's processing period. Tamarack State Beach Upper Picnic Facilities The Picnic Facilities' landscape is in need of significant improvement services and maintenance services. These services include: irrigation system repairs; passive turf renovation, over-seeding/sodding, and grade adjustments; hardscape spot patching and weed eradication; planter weed eradication, maintenance pruning, and re-planting with shrub material; trees maintenance pruning/structural shaping, and selective removal; picnic tables, benches, and trash receptacles removal and replacement; drinking fountains re-installation; shower area weed eradication and grade adjustments; stairway treads patching/resurfacing and adjacent hand rail welding/painting or replacement. The above landscape improvement services could be accomplished under an amendment [Exhibit 13] to the City's existing agreement with Nissho of California, Inc. (for Median, Parkway, and Landscape Maintenance Services). The ongoing routine maintenance services could similarly be accomplished under an amendment to the City's existing agreement with Nissho of California - which is the same maintenance provider for the Sculpture Park. The estimated one-time cost for these improvement services is $200,000. The estimated ongoing cost for routine maintenance services is $50,000 per year. A notice to proceed with these services could be issued to Nissho of California, Inc. upon execution of the Permit and the amendment. In addition, the blockhouse restroom and corresponding wastewater pump station are in need of considerable improvement and maintenance services. These services include: re-roofing; skylight removal and replacement; re-painting; floor re-surfacing; removal and replacement of partitions; new fixtures; plumbing retrofits; pump refurbishment; lighting fixture upgrades; and steel gate installations. The bulk ofthe above restroom and pump station services can be performed under a general contractor. The compiling of plans and specifications, advertising for bids, awarding of a contract, and scheduling of services could likely be completed within 120 days of execution of the Permit. This timeline would place the building closure period in early to mid-Fall. The ongoing routine maintenance services could be accomplished under a combination of existing or new agreements and City staff. The estimated one-time cost for these improvement services is $200,000. The estimated ongoing cost for routine maintenance services is $25,000 per year. 3 Page 4 Tamarack/Frazee State Beach Coastal Bluff The Coastal Bluff is in need of significant improvement and maintenance services. In June 2009, the City awarded the State an Agricultural Conversion Mitigation Fee (ACMF) Grant #AGP 09-10 in the amount of $234,830 to complete the Coastal Bluff restoration and rehabilitation. The grant application [Exhibit 10] included installation of fencing and trail construction at the north end of the project - adjacent to the Sculpture Park parking lot. To date, no funds have been disbursed to the State for this project. The proposed project was to remove non-native plant species from the Coastal Bluff, purchase and install native plant species appropriate to Southern California's natural bluffs, supply necessary water for native plant seedlings to mature, provide the maintenance of the areas until vegetation was established, and create an interactive and signed interpretive program to support public involvement and education concerning the importance and beauty ofthe natural bluffs. The project was to also provide a safe beach access trail from the Sculpture Park parking lot to the beach below, and install protective fencing along the parking lot to inhibit the use of spur trails that could degrade the bluff. In a letter dated April 11, 2014 [Exhibit 11], the State notified the City that it had been unable to complete the project - either on its own, or in partnering with a local non-profit organization. As a result, the State expressed interest in partnering with the City for completion ofthe project, such that the City would be added as a co-grantee to the ACMF Grant. The above Coastal Bluff improvement services could be accomplished under an amendment to the City's existing agreement with Nissho of California, Inc. The ongoing routine maintenance services could similarly be accomplished under an amendment to the City's existing agreement with Nissho of California. City staff has determined, however, that the referenced $234,830 in funds from ACMF Grant #AGP 09-10 are inadequate to complete the project. The estimated additional one-time cost for these improvement services is $265,000. The estimated ongoing cost for routine maintenance services is $40,000 per year. A notice to proceed with these service could be issued to Nissho of California, Inc. upon execution ofthe Permit and the amendment. FISCAL IMPACT: Tamarack State Beach Upper Picnic Facilities: The FY 2014 Capital Improvement Program Project Request [Exhibit 11] is for the new allocation of General Capital Construction Fund monies in the amount of $400,000 for one-time improvement costs, and $75,000 per year for ongoing routine maintenance costs (Parks Maintenance Budget). Tamarack/Frazee State Beach Coastal Bluff: The FY 2014 Capital Improvement Program Project Request [Exhibit 12] is for the reallocation of ACMF Grant Project #AGP 09-10 monies from the State of California Department of Parks and Recreation to the City of Carlsbad in the amount of $234,830, and the new allocation of General Capital Construction Fund monies in the amount of $265, 000 for one-time improvement costs, and $40,000 per year for ongoing routine maintenance costs (Parks Maintenance Budget). Combined Total New Costs: The combined total new costs associated with these actions are $665,000 for one-time improvements, and $115,000 per year for ongoing routine maintenance. Page 5 ENVIRONMENTAL IMPACT: These projects are exempt from the California Environmental Quality Act (CEQA). Improvements to and maintenance of the Tamarack State Beach Upper Picnic Facilities are exempt from CEQA per State CEQA Guidelines Section 15301. In addition, improvements to and maintenance ofthe Tamarack/Frazee State Beach Coastal Bluff are exempt from CEQA per State CEQA Guidelines Section 15304. On May 6, 2003 the State issued a Notice of Exemption [Exhibit 13] for the Tamarack State Beach Coastal Bluff Project. EXHIBITS: 1. Resolution # 2014-098 , entering into a Right of Entry Permit with State of California Department of Parks and Recreation for the operation of Tamarack State Beach Upper Picnic Facilities and Tamarack/Frazee State Beach Coastal Bluff 2. Resolution # 2014-099 , approving FY 2014 Capital Improvement Program Project Requests for Tamarack State Beach Upper Picnic Facilities Improvements, and Tamarack/Frazee State Beach Coastal Bluff Restoration, and appropriating funds 3. Resolution # 2014-100 , adding the city as a co-grantee to Agricultural Conversion Mitigation Fee Grant Project #AGP 09-10, Coastal Bluff Restoration - Tamarack and Frazee 4. Resolution # 2014-101 , approving Amendment No. 4 to amend and fund the agreement with Nissho of California, Inc., for Median, Parkway, and Landscape Maintenance Services 5. Aerial photo depicting the boundaries of the Tamarack State Beach Upper Picnic Facilities 6. Aerial photo depicting the boundaries of the Tamarack/Frazee State Beach Coastal Bluff 7. Right of Entry Permit between State of California Department of Parks and Recreation and City of Carlsbad for Operation of Tamarack State Beach Upper Picnic Facilities and Tamarack/Frazee State Beach Coastal Bluff 8. ACMF Grant Application Form, dated April 30, 2009, from State of California Department of Parks and Recreation to City of Carlsbad, detailing components of Project #AGP 09-10, Coastal Bluff Restoration - Tamarack and Frazee 9. Notification letter, dated April 11, 2014, from State of California Department of Parks and Recreation to City of Carlsbad, stating interest in partnering with the City on ACMF Grant Project #AGP 09-10, Coastal Bluff Restoration - Tamarack and Frazee 10. Amendment No. 4 to amend and fund agreement with Nissho of California, Inc., for Median, Parkway, and Landscape Maintenance Services FY 2014 Capital Improvement Program Project Request for Tamarack State Beach Upper Picnic Facilities Improvements 11. FY 2014 Capital Improvement Program Project Request-Tamarack State Beach Upper Picnic Facilities 12. FY 2014 Capital Improvement Program Project Request-Tamarack/Frazee State Beach Coastal Bluff 13. Notice of Exemption from CEQA, dated May 6, 2003, from the State of California's Office of Planning and Research to the Department of Parks and Recreation, regarding project title 'Carlsbad SB - Tamarack Bluff Re-vegetation and Erosion Control (02/03-SD-78)' 1 RESOLUTION NO. 2014-098 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ENTERING INTO A RIGHT OF ENTRY PERMIT WITH THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND 4 RECREATION FOR OPERATION OF THE TAMARACK STATE BEACH UPPER PICNIC FACILITIES AND THE TAMARACK/FRAZEE STATE 5 BEACH COASTAL BLUFF 6 y WHEREAS, the State of California Department of Parks and Recreation (State) operates 8 under significant budget constraints that have resulted in a corresponding decline in the ^ quantity and quality of services it provides to the public; and WHEREAS, this fact is evident at the Tamarack State Beach Upper Picnic Facilities (Picnic 11 Facilities) and the Tamarack/Frazee State Beach Coastal Bluff (Coastal Bluff); and 12 WHEREAS, the City of Carlsbad (City) has become increasingly concerned about the j4 effects of the State's declining service levels within these properties on the general public, 15 including residents, business owners, and tourists; and WHEREAS, the State's inability to provide basic improvement and routine maintenance services on such high profile properties bears a negative reflection on the City's image; and WHEREAS, members of the public have recently indicated a desire for the City to assume the basic improvement and routine maintenance services of State-owned beach sites; and 17 18 19 20 21 WHEREAS, City staff initiated discussions with State staff on the potential for the City to 22 assume such services from the State at the Picnic Facilities and the Coastal Bluff; and 23 24 25 26 2j Facilities solely for the purpose of "...maintaining landscaping, irrigation systems, hardscapes. WHEREAS, the State submitted a Right of Entry Permit (Permit) - for the Picnic Facilities and the Coastal Bluff - to the City for approval; and WHEREAS, the Permit proposes to grant the City permission to: 1) enter onto the Picnic 28 1 and daily facility housekeeping tasks for the comfort station (i.e. blockhouse restroom)...", and ^ 2) enter onto the Coastal Bluff solely for the purpose of "...revegetating native coastal bluff 3 habitat, retrofitting/expanding existing irrigation system, and maintaining said vegetation and 4 irrigation system...."; and 5 WHEREAS, the proposed term ofthe Permit "...shall only be forthe period beginning on 6 7 5/20/2014, and ending on 5/19/2015, or as may be reasonably extended by written mutual 8 agreement of the Parties"; and ^ WHEREAS, the intent of the Permit is to allow the City a timely, short term means of entering the Picnic Facilities and the Coastal Bluff in order to commence improvement and maintenance services; and WHEREAS, presuming successful results are achieved within the initial term of the 14 Permit, the goal of the State and the City would be to execute a long term Operating 15 Agreement for the continuation of the described services at the subject sites, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows that: 10 11 12 13 16 17 18 19 20 21 1. The above recitations are true and correct. 2. This City does hereby approve the Permit with the State for the operation of Tamarack State Beach Upper Picnic Facilities and Tamarack/Frazee State Beach Coastal Bluff. 22 3 Jhe Mayor is authorized to execute the Permit on behalf of the City of Carlsbad. 23 /// 24 /// 25 26 27 28 /// /// 7 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 20th day of May 2014, by the following vote to wit: AYES: NOES: ABSENT: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. None. MATT HALL, Mayor ATTEST: BARp,;a.RA ENGLESOMfoty Clerk 1 RESOLUTION NO. 2014-099 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING FISCAL YEAR 2014 CAPITAL ^ IMPROVEMENT PROGRAM PROJECT REQUESTS FOR TAMARACK 4 STATE BEACH UPPER PICNIC FACILITIES IMPROVEMENT, AND TAMARACK/FRAZEE STATE BEACH COASTAL BLUFF RESTORATION 5 " ^ WHEREAS, the State of California Department of Parks and Recreation (State) operates under significant budget constraints that have resulted in a corresponding decline in the 8 quantity and quality of services it provides to the public; and 9 WHEREAS, this fact is evident at the Tamarack State Beach Upper Picnic Facilities and 11 the Tamarack/Frazee State Beach Coastal Bluff; and 12 WHEREAS, the City of Carlsbad (City) has become increasingly concerned about the effects of the State's declining service levels within these properties on the general public, including residents, business owners, and tourists; and 15 WHEREAS, the State's inability to provide basic improvement/restoration and routine 16 maintenance services on such high profile properties bears a negative reflection on the City's 18 image; and 19 WHEREAS, members of the public have recently indicated a desire for the City to assume the basic improvement and routine maintenance services of State-owned beach sites; and WHEREAS, City staff initiated discussions with State staff on the potential for the City to assume such services at the Tamarack State Beach Upper Picnic Facilities (Picnic Facilities) and 25 the Tamarack/Frazee State Beach Coastal Bluff (Coastal Bluff); and 26 WHEREAS, the State submitted a Right of Entry Permit (Permit) - for the Picnic Facilities and the Coastal Bluff - to the City for approval; and 20 21 22 23 24 27 28 1 WHEREAS, the Permit proposes to grant the City permission to: 1) enter onto the Picnic 2 Facilities solely for the purpose of "...maintaining landscaping, irrigation systems, hardscapes, and daily facility housekeeping tasks for the comfort station (i.e. blockhouse restroom)...", and 4 2) enter onto the Coastal Bluff solely for the purpose of "...revegetating native coastal bluff 5 habitat, retrofitting/expanding existing irrigation system, and maintaining said vegetation and 6 7 irrigation system...."; and 8 WHEREAS, the Picnic Facilities' landscape is in need of significant improvement services; and WHEREAS, the estimated one-time cost for these improvement services is $200,000, and the ongoing cost for the routine maintenance services is $50,000 per year; and WHEREAS, the Picnic Facilities' blockhouse restroom and corresponding wastewater 9 10 11 12 13 14 pump station are also in need of considerable improvement services; and 15 WHEREAS, the estimated one-time cost for these improvement services is $200,000, and the ongoing cost for the routine maintenance services is $25,000 per year; and 17 WHEREAS, in June 2009, the City awarded the State the Agricultural Conversion 18 Mitigation Fee (ACMF) Grant #AGP 09-10 in the amount of $234,830 to complete the Coastal 19 2Q Bluff restoration and rehabilitation; and 21 WHEREAS, the grant application included installation of fencing and trail construction at 22 the north end of the project - adjacent to the Sculpture Park parking lot; and WHEREAS, to date, no funds have been disbursed to the State for this project; and 24 WHEREAS, the State expressed interest in partnering with the City for completion ofthe 25 project, such that the City would be added as a grantee to the ACMF Grant; and 26 " 27 28 0 1 WHEREAS, City staff has determined that the referenced $234,830 in funds from ACMF 2 Grant #AGP 09-10 are inadequate to complete the project; and 3 WHEREAS, the estimated new one-time cost for these improvement services is 4 $265,000, and the ongoing cost for the routine maintenance services is $40,000 per year; and 5 WHEREAS, Fiscal Year 2014 Capital Improvement Program Project Requests have been 6 7 prepared for the Picnic Facilities and the Coastal Bluff. 8 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows that: 1. The above recitations are true and correct. 2. The City Council does hereby approve the FY 2014 Capital Improvement Program 12 Project Requests for the Tamarack State Beach Picnic Facilities and the 13 Tamarack/Frazee State Beach Coastal Bluff, and the administrative services director 14 is authorized to appropriate funds in the amount of $665,000 to the General Capital Construction Fund. 3. The Mayor is authorized to execute the project requests of the City of Carlsbad. 9 10 11 15 16 17 18 19 /// 22 23 24 25 /// /// 20 /// 21 /// /// /// /// 26 /// 27 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 20th day of May 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, Cit/Clerk 1 RESOLUTIONNO. 2014-100 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADDING THE CITY AS A CO-GRANTEE TO THE AGRICULTURAL CONVERSION MITIGATION FEE GRANT PROJECT 4 #AGP 09-10, COASTAL BLUFF RESTORATION - TAMARACK AND FRAZEE 5 " ^ WHEREAS, the State of California Department of Parks and Recreation (State) operates 7 under significant budget constraints that have resulted in a corresponding decline in the 8 quantity and quality of services it provides to the public; and 9 WHEREAS, this fact is evident at the Tamarack Beach Upper Picnic Facilities (Picnic 11 Facilities) and the Tamarack/Frazee State Beach Coastal Bluff (Coastal Bluff); and 12 WHEREAS, the City of Carlsbad (City) has become increasingly concerned about the effects of the State's declining service levels within these properties on the general public, including residents, business owners, and tourists; and WHEREAS, the State's inability to provide basic improvement/restoration and routine maintenance services on such high profile properties bears a negative reflection on the City's 18 image; and 19 WHEREAS, members of the public have recently indicated a desire for the City to 20 assume the basic improvement and routine maintenance services of State-owned beach sites; 21 and 22 WHEREAS, City staff initiated discussions with State staff on the potential for the City to 23 24 assume such services from at the Picnic Facilities and the Coastal Bluff; and 25 WHEREAS, the State submitted a Right of Entry Permit (Permit) - for the Picnic Facilities and the Coastal Bluff - to the City for approval; and 27 28 13 Exhibits 13 14 15 16 17 17 18 19 20 Bluff restoration and rehabilitation; and WHEREAS, the grant application included installation of fencing and trail construction at the north end of the project - adjacent to the Sculpture Park parking lot; and 1 WHEREAS, the Permit proposes to grant the City permission to: 1) enter onto the Picnic 2 Facilities solely for the purpose of "...maintaining landscaping, irrigation systems, hardscapes, 3 and daily facility housekeeping tasks for the comfort station (i.e. blockhouse restroom)...", and 4 2) enter onto the Coastal Bluff solely for the purpose of "...revegetating native coastal bluff 5 habitat, retrofitting/expanding existing irrigation system, and maintaining said vegetation and 6 7 irrigation system...."; and 8 WHEREAS, in June 2009, the City awarded the State the Agricultural Conversion ^ Mitigation Fee (ACMF) Grant #AGP 09-10 in the amount of $234,830 to complete the Coastal 10 11 12 13 14 WHEREAS, to date, no funds have been disbursed to the State for this project; and 15 WHEREAS, in a letter dated April 11, 2014 [Exhibit 11], the State notified the City that it had been unable to complete the project - either on its own, or in partnering with a local non- profit organization; and WHEREAS, the State expressed interest in partnering with the City for completion ofthe project, such that the City would be added as a co-grantee to the ACMF Grant. 21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 22 California, as follows that: 23 1. The above recitations are true and correct. 24 2. The City Council does hereby approve adding the City as a co-grantee to the 25 ACMF Grant Project #AGP 09-10, Coastal Bluff Restoration - Tamarack and Frazee. 26 27 28 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 The administrative services director is authorized to transfer grant funds in the amount of $234,830 from the Agricultural Mitigation Fee Fund to the General Capital Construction Fund and appropriate $234,830 in the General Capital Construction Fund forthe Coastal Bluff Restoration project. 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 20th day of May 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. MATT HALLrMayor ATTEST: BARBARA ENGLESON, CiVcierk RESOLUTION NO. 2014-101 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 2 CALIFORNIA, APPROVING AMENDMENT NO. 4 TO AMEND AND FUND AGREEMENT WITH NISSHO OF CALIFORNIA, INC., FOR 4 MEDIAN, PARKWAY, AND LANDSCAPE MAINTENANCE SERVICES 5 ^ WHEREAS, on January 23, 2008, the City of Carlsbad (City) and Nissho of California, Inc. 7 (Nissho) executed an Agreement for Median, Parkway, and Landscape Maintenance Services 8 (Agreement); and WHEREAS, on February 3, 2010, the City and Nissho executed Amendment No. 1 to the Agreement to extend, amend and fund the Agreement for two years; and WHEREAS, on January 18, 2012, the City and Nissho executed Amendment No. 2 to the 9 10 11 12 Agreement to extend, amend and fund the Agreement for two years; and 14 WHEREAS, on January 14, 2014, the City and Nissho executed Amendment No. 3 to the 15 Agreement to extend, amend and fund the agreement for one year; and 16 17 18 19 20 21 22 23 24 25 WHEREAS, Nissho has expressed an interest in performing services at the State owned 26 Sites; and 27 28 WHEREAS, the City and Nissho desire to alter the Agreement's scope of work to include landscape maintenance services and improvement work at the State of California (State) owned Tamarack State Beach Upper Picnic Facilities (Picnic Facilities) and Tamarack/Frazee State Beach Coastal Bluff (Coastal Bluff); and WHEREAS, on May 20, 2014, the City and State entered into a Right of Entry Permit (Permit) in order to accomplish the above described services and work at the Picnic Facilities and the Coastal Bluff; and 10 11 21 22 23 24 25 services at the State owned Sites; and WHEREAS, the City and Nissho desire to amend and fund the Agreement to include services at the Picnic Facilities and the Coastal Bluff; and 1 WHEREAS, the City and Nissho desire to alter the Agreement's scope of work to include 2 3 4 5 g WHEREAS, the City and Nissho have negotiated and agreed to a Scope of Work and Fee 7 Schedule. 8 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 9 California, as follows that: 1. The above recitations are true and correct. 2. In addition to those services contained in the Agreement with Nissho of 12 California, Inc., as may have been amended from time to time. Amendment No. 13 4 to amend and fund the Agreement, is hereby approved. 14 3. The total annual Agreement amount shall not exceed One Million, Five Hundred 15 Fifty-seven Thousand, Seven Hundred Thirteen dollars and Four cents ($1,557,713.04). 4. This Agreement is funded from the parks & recreation department/parks maintenance operating budget - general fund. 5. The Mayor is authorized to execute Amendment No. 4 on behalf of the City of Carlsbad. 16 17 18 19 20 /// /// /// /// /// 26 /// 27 28 IS 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 20th day of May 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON Willi/ ^^^Oerk Exhibit "A" Limit of Work Tamarack Upper Picnic Facilities Carlsbad State Beach 0 50 100 NORTH 200 300 iFfiRt Exhibit "B" Limit of Work Native Bluff Restoration Carlsbad State Beach 250 500 1,000 =DFeet RIGHT OF ENTRY PERMIT Agency: Department of Parks and Recreation Project: Operation of Tamarack State Beach Upper Picnic Facilities: RR, Grass & Picnic Area; & Tamarack/Frazee State Beach Coastal Bluff This Right of Entry Permit (Permit) is made and entered into this 20th day of May 2014, between the State of California, acting by and through its Department of Parks and Recreation, hereinafter called State, and City of Carlsbad, a local Government entity hereinafter called Permittee; State and Permittee may hereinafter be referred to as a Party, or collectively the Parties. RECITALS • Whereas, the State owns, operates and maintains the State Park known as Carlsbad State Beach, in the County of San Diego, State of California; and • Whereas, Permittee has applied to State for permission to access for purposes of carrying out groundskeeping, maintenance of facilities, and restoration ofthe coastal bluff habitat as further described below (the Project); and • Whereas, the State desires to accommodate Permittee's application for permission to enter Carlsbad State Beach for purposes of the Project, as provided herein and as, and to the extent, such Project may be ultimately described, permitted, approved and conditioned by this document and subsequent environmental documents, and as may be conditioned by any other regulatory agency having jurisdiction, if applicable. TERMS AND CONDITIONS Now therefore, the State by this Permit hereby grants to the Permittee permission to enter upon State's property, conditioned upon the agreement ofthe Parties that this Permit does not create or vest in Permittee any interest in the real property herein described or depicted, that the Permit is revocable and non-transferable, and that the Permit is further subject to the following terms and conditions: 1. Project Description: By this Permit, the State hereby grants to the Permittee permission to enter onto those lands depicted and/or described on Exhibits A" and "B" (the Property), attached hereto and herein incorporated by this reference, solely for the purpose of 1) maintaining landscaping, irrigation systems, hardscapes, and daily facility housekeeping tasks for the comfort station (for the Area described in Exhibit "A" and 2) revegetating native coastal bluff habitat, retrofitting/expanding existing irriaation system, and maintaining said vegetation and irrigation system, within a 4.8 acre area also described in Exhibit "B" 2. Permit Subject to Laws and Regulatory Agency Permits: This Permit is expressly conditioned upon Permittee's obtaining any and all regulatory permits or approvals required by the relevant regulatory agencies forthe Project and Permittee's use ofthe Property, and upon Permittee's compliance with all applicable municipal, state and federal laws, rules and regulations, including all State Park regulations. Permittee shall, at Permittee's sole cost and expense, comply with the Project D^scri^^tion, and requirements and mitigations pursuant to the California Environmental Quality Act Prior to commencement of any work. Permittee shall obtain all such legally required permits or approvals and submit to the State full and complete copies of all permits and approvals, including documentation related to or referenced in such permits and approvals, along^witn the corresponding agency contact and telephone numbers, and related CEQA and/or National Environmental Policy Act (NEPA) documentation as applicable. 3. Term of Permit: This Permit shall only be forthe period beginning on 5/20/2014, and ending on 5/19/2015, or as may be reasonably extended by written mutual agreement ofthe Parties. 4. Consideration: As this is a mutually beneficial agreement between the parties which will improve facility features and maintenance, a component of CA State Parks' Mission and Director's Strategic Vision, no monetary compensation is being sought by Permittee. 5. Permit Subject to Existing Claims: This Permit is subject to existing contracts, permits, licenses, encumbrances and claims which may affect the Property. 6. Waiver of Claims and Indemnity: Permittee waives all claims against State, its officers, agents and/or employees, for loss, injury, death or damage caused by, ansing out of, or in any way connected with the condition or use ofthe Property, the issuance, exercise, use or implementation of this Permit, and/or the rights herein granted. Permittee further agrees to protect, save, hold harmless, indemnify and defend State, its officers, agents and/or employees from any and all loss, damage, claims, demands, costs and liability which may be suffered or incurred by State, its officers, agents and/or employees from any cause whatsoever, arising out of, exercise by Permittee of the rights herein granted, Permittee's use of the Property and/or the Project for which this Permit is granted, except those arising out of the sole active negligence or willful misconduct of State. Permittee will further cause such indemnification and waiver of claims in favor of State to be inserted in each contract that Permittee executes for the provision of services in connection with the Project for which this Permit is granted. 7. Contractors: Permittee shall incorporate the terms, conditions and requirements contained herein when contracting out all or any portion ofthe work permitted hereunder. Permittee shall be responsible for ensuring contractor/subcontractor compliance with the terms and conditions contained herein. Failure of Permittee's contractors to abide by State's terms and conditions shall constitute default by Permittee (see DEFAULT paragraph below) allowing State to terminate this Permit and seek all legal remedies. 8. Insurance Requirements: As a condition ofthis Permit and in connection with Permittee's indemnification and waiver of claims contained herein. Permittee shall be self-insured, and cause its contractors to maintain, a policy or policies of insurance as follows: A. Commercial Permittees Permittee shall maintain motor vehicle liability with limits of not less than $1,000,000 per accident. Such insurance shall cover liability arising out of a motor vehicle, including all owned, hired, and non-owned motor vehicles. Permittee shall maintain statutory Workers' Compensation and employer's liability insurance coverage in the amount of $1,000,000/employee/disease/each accident, for all its employees who will be engaged in the performance of work on the Property, including special extensions where applicable. Said policy shall include a waiver of subrogation in favor of State. If the permittee has no employees and/or the owner(s) have elected not to be covered by workers' compensation. Permittee shall provide State with a written confirmation that Permittee is not required to be, and/or has elected not to be, covered by Workers' Compensation. Permittee shall procure commercial general liability insurance at least as broad as the most per occurrence and $2,000,00(3 general aggregate. Said policy shall apply separately insured against whom any claim is made or suit is brought subject to the Permittee limits of liability B. Private Party Permittees Permittee shall maintain personal auto insurance with limits of not less than $100,000 bodily injury per person, $300,000 bodily injury per accident, and $50,000 property damage per accident. Permittee shall maintain comprehensive personal liability with limits of not less than $300,000 each occurrence. Each policy of insurance required by this provision shall: (a) be in a form, and written by an insurer, reasonably acceptable to State ancf (b) be maintained at Permittee's sole expense. Permittee shall provide to the State within five (5) business days following receipt by contractor a copy of any cancellation or non-renewal of insurance required by this Permit. Insurance companies issuing such policies shall have a rating classification of "A-" or better and financial size category ratings of "Vll" or better according to the latest edition ofthe A.M. Best Key Rating Guide. All Insurance companies issuing such policies shall be licensed admitted insurers or eligible surplus lines insurers authorized to do business in the State of California. Said motor vehicle liability and commercial general liability policies shall contain an endorsement naming the STATE OF CALIFORNIA and the CALIFORNIA DEPARTMENT OF PARKS AND RECREATION as an additional insured at no cost to State. The endorsements shall be provided and not substituted by referring to such coverage on the certificate of insurance. Rev. 6/6/2012 Permittee shall provide to State evidence that the insurance required to be carried by this Permit, including the endorsements affecting the additional insured status and waiver of subrogation, is in full force and effect and that premiums therefore have been paid. Such evidence shall, at State's discretion, be in the form of a Certificate of Insurance or DPR Form 169A, Certificate of Insurance for Concession Contracts/Special Events, or a certified copy of the original policy, including all endorsements. Permittee is responsible for any deductible or self-insured retention contained within the insurance program. Should Permittee fail to keep the specified insurance in effect at all times. Permittee shall be considered to be in default ofthis Permit, and State may, in addition to any other remedies it has, terminate this Permit. Permittee shall require and ensure that all contractors and subcontractors have adequate insurance meeting the coverage requirements in this provision. Any insurance required to be carried shall be primary and not excess to any other insurance carried by State. Coverage shall be in force forthe conriplete term ofthis Permit, including any extension thereof, and for all work being done for which this Permit is required. 9. Reservation of Rights: State reserves the right to use the Property in any manner, provided such use does not unreasonably interfere with Permittee's rights herein. 10. Access Limits and Conditions: Access to the Property shall be limited to the access designated by State herein. 11. Notice of Work: Any required notices to State shall be sent to the State authorities in charge of Carlsbad State Beach named below. At least forty-eight (48) hours prior to any entry upon the Property for any of the purposes hereinabove set forth. Permittee shall provide the State contact[s] named below with written notice of Permittee's intent to enter the Property. Permittee shall also notify the State contact[s] listed below in writing at least forty-eight (48) hours prior to any change in the Project schedule or cessation or completion of work. Should State personnel need to contact Permittee, State shall notify Permittee's contact person listed below: STATE: PERMITTEE'S CONTACT: Contact: Superintendent Robin Greene Contact: Superintendent Kyle Lancaster District: San Diego Coast /North Sector Department: Parks & Recreation Address: 2680 Carlsbad Blvd., Carlsbad CA 92008 Address: 799 Pine Ave., Carlsbad CA 92008 Telephone: 760-720-7001 Telephone: 760-434-2941 E-mail: robin.greene(5).parks.ca.gov E-mail: kyle.lancaster@cartsbadca.gov 12. Limits of Work: In no event shall this Permit authorize work in excess or contrary to the terms and conditions of any regulatory agency permit or approval. Under no circumstances, whether or not authorized by any regulatory agency, other permit or any person or entity other than State, shall work exceecfthai which is authorized by this Permit. 13. Public Safety: Permittee shall erect orange plastic temporary construction fencing and appropnate signage pnor to commencement of work to prevent public access to the construction zone. Permittee shall remove such fencing within two (2) days after the completion of work. Permittee shall take, and shall cause its contractors or subcontractors to take, any and all necessary and reasonable steps to protect the public from harm in connection with the Project or implementation of this Permit. 14. Compliance with Project Requirements, Monitoring and Mitigation Measures (if applicable): Prior to commencement of revegetating native coastaFbluff habitat State will update CEQA document (NOE 2002/2003-SD^8) that updates and specifies resource monitoring and mitigation measures. The measures identified shall be completed by Permittee in accordance with ancTto the satisfaction of the District Supenntendent or designee. Permittee's activities conducted under this Permit shall comply with all State and Federal environmental laws, including, but not limited to, the Endangered Species Act, CEQA, and Section 5024 of the Public Resources Code. Rev. 6/6/2012 ^] I I 3 of 6 Any of Permittee's archaeological consultants working within the boundaries ofthe Property shall obtain a permit from the California State Parks Archaeology, History & Museums Division prior to commencing any archaeological or cultural investigations of the Property. Permittee shall immediately advise State's contact person if any new site conditions are found during the course of permitted work. State will advise Permittee if any new historical resources (including archaeological sites), special status species, threatened/endangered species protocols, or other resource issues are identified within the Project site. Permittee shall abide by District Superintendent or designee's instructions to protect the resource(s) during the permitted work or nsk revocation of the Permit. Permittee shall make all excavation activities on the Property available to the State Archaeologist for observation and monitoring. Dunng excavation the State archaeological monitor may observe and report to the State on all excavation activities. State archaeological monitor shall be empowered to stop any construction activities as necessary to protect significant cultural resources from being disturbed. In the event that previously unknown cultural resources, including, but not limited to, dark soil containing shell, bone, flaked stone, groundstone, or deposits of nistoric trash are encountered during Project construction by anyone, work will be suspended at that specific location, and the Permittee's work will be redirected to other tasks, until after a State-qualified archaeologist has evaluated the find and implemented appropriate treatment measures and disposition of artifacts, as appropriate, in compliance with all applicable laws and department resource directives. If human remains are discovered during the Project, work will be immediately suspended at that specific location and the District Superintendent or designee shall be notified by Permittee. The specific protocol, guidelines and channels of communication outlined by the California Native American Heritage Commission (NAHC), and/or contained in Health and Safety Code Section 7050.5 and Public Resources Code Sections 5097.9 et seq., will be followed. Those statutes will guide the potential Native American involvement in the event of discovery of human remains. Permittee shall provide a written work schedule to State so that the State archaeological monitor can arrange to be on site on the necessary days. Permittee shall provide reasonable advance notice of and invite the District Superintendent or designee to any preconstruction meetings with the prime contractor or subcontractors. 15. Restoration of Property: Permittee shall complete the restoration, repair, and revegetation ofthe Property in consultation with, and to the satisfaction of, the State Environmental Scientist within one (1) year after completion ofthe Project orthe expiration or termination ofthis Permit, whichever comes first. This obligation shall survive the expiration or termination of this Permit. 16. Right to Halt Work: The State reserves the right to halt work and demand mitigation measures at any time, with or without prior notice to Permittee, in the event the State determines that any provision contained herein has been violated, or in the event that cessation of work is necessary to prevent, avoid, mitigate or remediate any threat to the health and safety ofthe public or state park personnel, or to the natural or cultural resources of the state park. 17. Use Restrictions: Activities on the Property shall be conducted only in a manner which will not interfere with the orderiy operation of the state park. Permittee shall not engage in any disorderiy conduct and shall not maintain, possess, store or allow any contraband on the Property. Contraband includes, but is not limited to: any illegal alcoholic beverages, drugs, firearms, explosives and weapons. Roads and trails where motorized vehicles are normally prohibited may be used for vehicle access by Permittee, its employees, agents or contractors for patrol, maintenance or repair purposes only, and only to the extent specified by State, and shall be othenwise subject to all other conditions and/or restrictions ofthis Permit ana any applicable laws, state park regulations and state park policies. Permittee shall not use or allow the Property to be used, either in whole or in part, for any purpose other than as set forth in this Permit, without the prior written consent of the State. 18. State's Right to Enter: At all times during the term ofthis Permit and any extension thereof, there shall be and is hereby expressly reserved to State and to any of its agencies, contractors, agents, employees, representatives, invitees or licensees, the right at any and all times, and any and all places, to temporarily enter upon said Property to survey, inspeci, or perform any other lawful State purposes, with reasonable notice to Permittee. Permittee shall not interfere with State's right to enter. Rev. 6/6/2012 ^ 4 Of 6 19. Protection of Property: Permittee shall protect the Property, including all improvements and all natural and cultural features thereon, at all times at Permittee's sole cost and expense, and Permittee shall strictly adhere to the following restrictions: (a) Permittee shall not place or dump garbage, trash or refuse anywhere upon or within the Property, except in self-contained trash receptacles that are maintained to State's satisfaction by Permittee. (b) Permittee shall not commit or create, or suffer to be committed or created, any waste, hazardous condition or nuisance in, on, under, above or adjacent to the Property. (c) Permittee shall not cut, prune or remove any vegetation upon the Property, except as identified in the Project description and herein permitted or subsequently approved in writing by the District Superintendent. (d) Permittee shall not disturb, move or remove any rocks or boulders upon the Property, except as identified in the Proiect description and herein permitted or subsequently approved in writing by the District Superintendent. (e) Permittee shall not grade or regrade, or alter in any way, the ground surface of the Property, except as herein permitted, or subsequently approved in writing by the District Superintendent. (f) Permittee shall not bait, poison, trap, hunt, pursue, catch, kill or engage in any other activity which results in the taking, maiming or injury of wildlife upon the Property, except as identified in the Project description and herein permitted or subsequently approvea in writing by the District Superintendent. (g) Permittee shall not use, create, store, possess or dispose of hazardous substances (as defined in the California Hazardous Substances Act) on the Property except as herein permitted, or subsequently approved in writing by the District Supenntendent. (h) Permittee shall exercise due diligence to protect the Property against damage or destruction by fire, vandalism and any other causes. 20. Default: In the event of a default or breach by Permittee of any of the terms or conditions set forth in this Permit, State may at any time thereafter, without limiting State in the exercise of any right of remedy at law or in equity which State may have by reason of such default or breach: (a) Maintain this Permit in full force and effect and recover the consideration, if any, and other monetary charges as they become due, without terminating Permittee's right to use of the Property, regardless ofwhether Permittee has abandoned the Property; or (b) Immediately terminate this Permit upon giving written notice to Permittee, whereupon Permittee snail immediately surrender possession of the Property to State and remove all of Permittee's equipment ancf other personal property from the Property. In such event. State shall be entitled to recover from Permittee all damages incurred or suffered by State by reason of Permittee's default, including, but not limited to, the following: (i) any amount necessary to compensate State for all the detriment proximately caused by Permittee's failure to perform its obligations under this Permit, including, but not limited to, compensation forthe cost of restoralion, repair and revegetation ofthe Property, which shall be done at State's sole discretion and compensation for the detriment which in the ordinary course of events would be likely to result from the default; plus (ii) at State's election, such other amounts in addition to or in lieu ofthe foregoing as may be permitted from time to time by applicable law. 21. State's Riaht to Cure Permittee's Default: At any time after Permittee is in default or in material breach of tnis Permit, State may, but shall not be required to, cure such default or breach at Permittee's cost. 22. Revocation of Permit: The State shall have the absolute right to revoke this Permit for any reason upon ten (10) business days written notice to Permittee. Written notice to Permittee may be accomplished by electronic or facsimile transmission, and the notice period set forth in this paragraph shall begin on the date ofthe electronic or facsimile transmission, or, if sent by mail, on Rev. 6/6/2012 5 of 6 the date of delivery. If Permittee is in breach of the Permit or owes money to the State pursuant to this Permit, any prepaid monies paid by Permittee to State shall be held and applied by the State as an offset toward damages and/or amounts owed. Nothing stated herein shall limit the State's exercise of its legal and equitable remedies. 23. Recovery of Leqal Fees: In any action brought to enforce or interpret any provisions of this Permit or to restrain the oreach of any agreement contained herein, or for the recovery of possession of the Property, or to protect any rights given to the State against Permittee, and in any actions or proceedings under Title 11 ofthe United States Code, if the State shall prevail in such action on trial or appeal, the Permittee shall pay to the State such amount in attorney's fees in said action as the court shall determine to be reasonable, which shall be fixed by the court as part of the costs of said action. 24. Voluntary Execution and Independence of Counsel: By their respective signatures below, each Party hereto affirms that they have read and understood this Permit and have received independent counsel and advice from their attorneys with respect to the advisability of executing this Permit. 25. Reliance on Investigations: Permittee declares that it has made such investigation of the facts pertaining to this Permit, the Property and all the matters pertaining thereto as it deems necessary, and on that basis accepts the terms and conditions contained in this Permit. Permittee acknowledges that State has made, and makes, no representations or warranties as to the condition ofthe Property, and Permittee expressly agrees to accept the Property in its as-is condition for use as herein permitted. 26. Entire Agreement: The Parties further declare and represent that no inducement, promise or agreement not herein expressed has been made to them and this Permit contains the entire agreement of the Parties, and that the terms of this agreement are contractual and not a mere recital. 27. Warranty of Authority: The undersigned represents that they have the authority to, and do, bind the person or entity on whose behalf and for whom they are signing this Permit and the attendant documents provided for herein, and this Permit and said additional documents are, accordingly, binding on said person or entity. 28. Assignment: This Permit shall not be assigned, mortgaged, hypothecated, or transferred by Permittee, whether voluntarily or involuntarily or by operation of law, nor shall Permittee let, sublet or grant any license or permit with respect to the use and occupancy of the Property or any portion thereof, without the prior written consent of State. 29. Choice of Law: This Permit will be governed and construed by the laws of the State of California. STATE OF CALIFORNIA Parks and Recreation CITY OF CARLSBAD City Council By: Name: Clay Phillips Title: District Superintendent San Diego Coast District 4477 Pacific Highway San Diego, CA 92110 619-488-3356 clav.phillips@parks.Ga.qov Name: Title: Matth Mayor City Hall 1200 Carlsbad Village Dr Carlsbad, CA 92008 760-434-2820 council@carlsbadca.qov Approved As To Forni Name: Paul Edmo Title: Assistant City Attorney Rev. 6/6/2012 ^7 6 of 6 CITY OF ^^f^ CARLSBACr^ AGRICULTURAL CONVERSION MITIGATION FEE PROGRAM (ACMFP) GRANT APPLICATION FORM This appiication and aii supporting documents must be received no later than S p.m. on April 30.2009 Submit to: Cityof Carisbad Planning Department Attn: Kevin Pointer, Associate Planner 1635 Faraday Avenue Carlsbad, CA, 92008 Project Number: Project Name: _ FOR STAFF USE ONLY Project Number AGP 09-10 Project Name: DateReoeived: April 30,2009 Submittal Formatting ftenulrwnants All submittals nnnist be typed on 8 34 x 11 sized paper (drawing exhibits may be larger), and applicants must provide twrelve (12) full sets of all documents submitted. In additton to the materials required below, applicants must also provide a one-p^e summary of the proposed pn^. Aii documents submitted become the property of the Oty of Carisbad. in addition to the written appiication, project proponents igix be asked to make a presentation to the Committee. Please complete the fbllowing application using the guidance provided on the "Application instructions" sheet. Applicants may attach additional pages, subject to the "Submittal Formatting Requirements," above. Name of Applicant; CQ^'&T^I- fbt-ut^F "ResTog./M'toKi - '^M^t.gxcK / fgA-zee. Address: gfc&O CA.e.u%.&/>^o SH-VO, CA.gc&aAD. CA <^a.£,o8 Phone:( 7U>l IZo . noot Email: bke#&r-^r <g. parkS.c.a..Qo^^ Contact 11 >/i>M iie.rTBR£nz Ttoo HtS ifctJB Contact 2) DKe.Re.hi name phone bi9 2Te 3T6S- name phone Please note: Successful applicants will be required to provide a Federal Tax ID Number or Social Security Number before any grant funds are released. Total Amount of Grant Request: $ 2H 2^ 530. £2. Appiication must be for a minimum of $2,500.00. RECEIVED APR 30 2009 CITYOFCARLSBAD PUNNING DEPTPage: (5^2 B^u/srf g II. PROJECT DESCRIPTION. SCOPE. AND BENEFITS 1. Describe the proposed project The description should a) provide sufficient detail for a clear understanding ofthe proposed project; b) include clear intended outcomes ofthe project and, c) specifically address how the project satisfies the elq^bility requirement(s). (Please attach separately; maximum 3 typed 8 x 11 pages plus drawings) The project requests funding to restore and rehabilitate ai^roximately 5.8 acres of natural coastal bluff area located between Carlsbad Village Drive to the north and extending to the mouth of Agua Hedionda Lagoon to the south or what is commonly referred to as "Lower Tamarack." The area is bounded by public walkways above and below the bluff and project area. The project area has been d^raded by infestations of non-native plant species, volunteer trails, trash dumping, poorly engineered and maintained storm drain outfalls, and a lack of funding for adequate maintenance. The area is a rare and undeveloped coastal bluff area which welcomes tourists and beach goers to the Carlsbad coastline and is typically "the first impression" of our City and State Parks left with our visitii^ public. In recent years several of the impediments to restoration have been resolved: retaining walls were buih to reduce the rate of bluff erosion, some of the storm drains have been redesigned, elevated public stairways were constructed, and the upper portion ofthe bluff area has been fenced. These improvements provide conditions to complete a successfiil coastal bluff restoration project Approximately 3.2 acres of coastal bluffs are available for complete habitat restoration, M^iile the remaining 2.6 acres would support some native species, however, will require enhancements to become self sustaining and protected ftom degradation. Enhancements would include the introduction of top soil, and in some areas providing a soil cap to the old exposed city dump sites. The proposed project would requue the funds necessary to eliminate non-native plant species from the project area, purchase and install native plant species appropnate to Southem Califomia's natural coital bluff areas, supply necessary, but temporary, water for native plant seedlings to mature, to maintain the area until v^tation is established, and to create and provide interactive and signed interpretive inograms to support public involvement and education conceming the importance and beauty of our natural coastal bluff areas. The project also requests funding for the installation of a fence along the open bluflfaiea directly west of what is commonly refened to as the "Pine Street Parking Area" (Directly behind Offehore Surf Shop), as well as, a designated beach access trail to be constructed fh)m the parkmg area to the beach below. The proposed project is approved by Ae Dq)artment of Parks and Recreation, owners ofthe described jnoperty, and part of the Carlsbad State Beach Area General Plan with the area being defined to be utilized for re-vegetation of native flora indigenous to the area. The area currently supports some unique native plant and animal species including silvery legless lizard, side-blotched lizard, cotton-tail rabbit, southem and western-tailed blue butterfly, argiope spider, sand verbena, coastal cholla, box-thorn, and numerous others. With restoration the proposed site is expected to attract other native wildlife. ^9 Commencement of Project Implementation would be November 2009 beginning with the eradication of non-native plant species ftom the project area. The planting of new native vegetation and public participation would commence on "Beach Fest" May, 2010. Continued planting, watering and mamtenance would continue until December of 2012 under the terms ofthe proposed proiect erant agreement. f i- f j Ongoing public interpretive and volunteer programs would be sustained by a combination of departmental fiinding and a small management endowment after the end ofthe grant cycle. The Department of Parks and Recreation believes sustainable environmental benefits would be visible within two (2) years of inception. 2. How will the project benefit the citizens of Carlsbad? The proposed project promises long-term environmental enhancement benefits by protecting the proposed area ftom storm erosion. In addition, because the project area is an island of coastal bluff within a popular urban area, public interpretation and education programs will flourish due to the location. This coastal habitat enhancement project would serve to connect the community and beach-users with the restoration process and aesthetics of native soutiiem Califomia coastal landscapes. Witil proper interpretation, tiie area would spotiight the natiiral beauty and history of Carlsbad's coastiine and become a welcommg beacon for tourism and citizens of Carlsbad by improving tfie aestiietics oftiie bluff area and restoring a rare plant community (coastal bluff scrub and maritime scmb) while mcreasing tfie biodiversity of tfie area and providing an opportunity to experience and interpret a native Califomia coastal landscape. It provides one oftiie last remaining coastal areas in Carlsbad where residents and citizens are able to view and recreate around. The project calls for tiie eradication of non-native plant species, tiie reintroduction of native plant species and a public interpretive component consisting of volunteer woric projects, education of Southem Califomia natiual landscapes, value of open space and native wildlife, and value of native plants. The project would also provide a safe beach access trail ftom tiie Pine Avenue parking area to tiie beach area below and install protective fencing along tiie parking area to inhibit voluntary trails fiom destroying tiie bluff area. III. PROJECT FEASIBILITV AND PLANNINC. 3. What permits/approvals (federal, state, local, other) will the project require? The project wiU Ukely require a CEQA Categorical Exemption (under habitat restoration < Sac witii no grading) and a Coastal Permit Exemption Letter firem tiie City of Carlsbad Local Coastal Program. 4. What h the time line for implementation of the project? Commencement of Project taiplementation would be November 2009 beginning witii tiie eradication of non-native plant species fiiom tiie project area. The planting of new native vegetation and public participation would commence on "Beach Fest" May, 2010. Continued planting, watering and maintenance would continue until December of 2012 under tfie terms of tfie proposed proiect erant agreonent. r J &• Trail Constiruction November 2009-Februaiy 2010 (implemented by State Parks) Fencing November 2009-Febniary 2010 (implemented by Contiactor) Site Preparation and Exotic Removal on tiie Buffs November 2009- March 2010 (unplemented bv Contractor) ^ Installation of Temporaiy Irrigation February 2010 (implemented by Contractor) Installation of Container Plants and Seeding March 2010- May 2010 (implemented by contractor State Parks and Volunteers) Installation of Interpretive Signage May 2010 - June 2010 (implemented by State Park stafiFand volunteers) Potential Replacement Plantings and Adaptive Management February 2011-June 2011 (implemented by State Parks and Volunteers) Site Maintenance March 2010-December 2012 (implemented by. State Paries and Volunteers) 5. How will the project be implemented? Identify specific milestones that woald be used to measure progress of project implementation and who will be responsible for nnplementation The project would be managed and implemented by tfie San Diego Coast Distiict ofCalifornia State Parks under tfie direct supervision of Environmental Scientist Darren Smitii. As stated in tfie answer to question #4, tfie project has defined some simple milestones which would be visibly measurable by staff, as well as, tfie commmuty. IV. APPLICANT INFORMATION AND EXPERIENCE; Individual AppUcants, please complete items 6 and 10 in this section (Section IV). Organization/Agency applicants, please complete all items in this section. 6. This applicant is a (an): Public Agency (State) 7. a. Years in business: 150 Years/50+ in San Diego County b. Number of Employees: Approximately 378 c. Number of Volunteers: Approximately 500 listed countywide 31 8. Names of Officers and Board of Directors fiJaaSL Tifle; Ronilee Clark Disttict Superintendent BillMennell Senior Paric and Recreation Specialist AndyVasquez Administrative Officer III Darren Smitii Environmental Specialist Therese Muranaka Ardieologist Bob Patterson Landscape Architect Brian Ketterer Sector Superintendent Brian Gaudet Sector Maintenance Chief Vince Kraft Area Maintenance Supervisor 9. What is the purpose or mission of your agency/organization? To provide for tfie healtfi, inspiration and education of tfie people ofCalifornia by helping to preserve tfie state's extraordinary biological diversity, protecting its most valued natiiral and cultiiral resources, and creating opportunities for high-quality outdoor recreation. 10. Describe applicant's experience in the project area. The San Diego Coast Distiict of Califomia State Paries manages over 18.3 miles of San Diego county coastiine including tiuee campgrounds, ten day use areas, two state historical parks witii one being Old Town State Historic Park, and the Torrey Pines State Reserve. The Distiict is responsible for tfie protection, management and care of tiiese areas, and manages or completes projects tiirough state fimds, bonds, and selected grant fimding. The intended project manager, Darren Smitfi has over 15 years of project management and experience in working in ecological conservation and restoration with many successfiil habitat restoration projects. The most recent projects include tiie Flinkote Road Coastal Sage Scmb Restoration and tfie Carmel Valley Road Habitat Restoration Projects at Torrey Pines State Natiiral Reserve, and tiie Carlsbad Bluffs Pilot Revegetation Project at Carlsbad State Beach. V. HNANCLAL RESOIJRCES/BUDCET 11. If other resources/funding wiU bc used, please describe aU funding yon have already secured or anticipate securing for flie proposed project, and identify flie amount, type, status, and souree(s) of aU such funds. Please indicate if no other resources/funding wiU bc used. Currentiy Califomia State Parks is completing a 1 -acre pilot program adjacent to tiie project site. This $10,000 program is being fimded solely tiirough tfie San Diego Coast District It includes construction of documents and permitting for bluff'restoration and tiie implementation of bluff restoration. Califomia will provide tfie necessary project management for tfie outlined project cover tfie costs and adminisbation of all CEQA documents and permitting, and administer or manage all regulatory procedures and notifications to required agencies. 3^ Tamarack State Beach Bluff* Re-vegetation Estimated Costs Planning Costs Landscape design plaiming / public meetings Enviromnental Scientist* Landscqie Architect* Archeologist* Park & Recreation Specialist* Treatment Type/ Description Perennial Invasive Plant Removal, herbicide tteatment Trail Installation Fencing Instailation Habitat Restoration including 2 yrs. maintenance Interpretation/Public Outreach Interpretive Specialist (PI) 3 yrs. placement Interpretive Signage Environmental Scientist* Park Superintendent* Archeologist* Park & Recreation Specialist* DPR $5,000.00 $5,000.00 $5,000.00 $5,000.00 ACMFP $15,000.00 $5,000.00 $10,000.00 Total Cost $15,000.00 $10,000.00 $15,000.00 $5,000.00 $5,000.00 $20,000.00 $50,000.00 Acres Affected 18,000 sq. ft. Cost/Acre Total Cost ACMFP $12,500.00 3.2 $25,000.00 $5,000.00 $60,000.00 $25,000.00 $5,000.00 $142,830.00 DPR 5,000.00 $10,000.00 $5,000.00 $5,000.00 $10,000.00 ACMFP $7,500.00 $12,000.00 $20,000.00 Total Cost $25,500.00 $11,000.00 $30,000.00 $5,000.00 $5,000.00 $10,000.00 $27,500.00 „ ''Wl^^pi^^BIWWPSP $86,500 •Performance Monitoring would be completed by DPR staff specialists noted above. Total Expenditure to be funded by Agricultural Conversion Mitigation $242330.00 12. Describe any previous City funding requested or received (for any project) in the past five years. Not Applicable. State Parks has not requested or received any City of Carlsbad Funding within the past five years. 13. Is there anything else you wish to make the Committee aware of regarding yourself, your organization, or your proposed project? Califomia State Parks, specifically the San Diego Coast District is excited about tfie potential partaership witti the City of C^arlsbad to improve coastal awareness and stewardship within the community of Carlsbad. We look to protect our coastal resources, as well as, to better serve our shared constitiiencies. We have continued our partoership and communication witfi the Carlsbad Beach Preservation Committee and look to strengtfien our ties with city staff to develop tfiis project and are extremely gratefiil for the opportunity to provide this proposal. ^3 Figure 1. Project Vicinity City of Carislxicl Agricultural Conversion Mitigation Grant Carisbad State Beacli 0 350 700 1,400 2.100 Feet 2,800 ©4/25/09 Figure 2. Project Conceptual Plan CHy of Carisbad Agricultural Conversion Mitigation Grant Carisbad State Beach NORTH 0 155 310 620 Feet 930 1.240 04/25/09 36 IMsclosures; These grants may be used in combination with funding from other sources or may be used for projects for which other funds are not available. Project proponents must submit a written appiication. Project proponents mav also be asked to make a presentation to the Committee. The Agricultural Conversion Mitigation Fee Committee will review project proposals and will recommend to the City Council those projects selected for funding. Final approval of funding wiil require City Councii approval. This grant opportunity may or may not be available annually or after the first year, depending upon the number of meritorious proposals, the amount of funds available, and the amount of funds ultimately awarded by City Council. Projects approved for funding in the first year have no expressed or implied guarantee for future funding. The full amount of the available funds may not be disbursed If there are not sufficient meritorious applications. These grants will not be awarded on a first-come/first-serve basis but will be considered according to specific criteria. Any project that is awarded funds will be required to meet agreed-upon milestones. Failure to satisfy the agreed-upon milestones will result in project reconsideration and possible cessation of funding. All documents submitted become the property of the Qty of Carisbad. We understand the information above: Yesj^NoD itenortina Requirements: Grant recipients will be required to file with the City a report on how the funds were spent annually, or when funds are spent, or at other agreed upon intervals (e.g., upon achievement of a milestone), whichever comes first Proof of project expenses (i.e., receipts) are required to be held for at least two years (or longer if so specified in the Grant Funding Agreement), during which time the City reserves the right to audit the records. We agree to adhere to the funding and reporting requirements described above: Yes jij NoD Other Reouirements Grant recipients will be required to recognize on all printed material that the project is funded fully or in part by the City of Carlsbad. Certification; We, the undersigned, do hereby attest that the above information is true and correct to the best of our knowledge. (Two signatures required) Signature Title Date Signature Title Date Page 6 SIS' state of Califomia « Wahinil Rwourcet Aganqr &lmund 6. Brown Jr., Govwnor DEPARTMENT OF PARKS AND RECREATION San Diego Coast District North Sector 2680 Cartsbad Blvd. Cartsbad, CA 92008 Itajor General Anthony L. Jackson, USMC (Ret), Dbvctor April 11,2014 Kevin Pointer Associate Planner City of Carisbad 1635 Faraday Avenue Carisbad, CA 92008 SUBJECT: AGP 09-10 Coastai Bluff Restoration—Tamarack and Frazee Dear Mr. Pointer, The purpose of this letter is to confinm that Califomia State Paries (CSP) is unable to complete Agricultural Conversion Mitigatk)n Fee (ACMF) Grant Project (AGP) 09-10— Coastal Bluff Restoration-Tamarack and Frazee. On June 28,2009. the Carisbad City Council awarded Califomia State Paries (CSP) with an ACMF grant in the amount of $242,330 to complete coastal bluff restoration and rehabilitatkin, as weii as fencing and trail construction, on 5.8 acres of coastai bluff area between Carisbad Village Drive and the Tamarack Beach cold water jetty. To date, no funds have been disbursed to CSP for this project. Effectively, CSP has been unable to accept funds to complete because the grant does not authorize charge of a ten percent fee paid to the state to administer the grant. In addition, CSP has unsuccessfully attempted to partner with local non-profit organizatkihs that have experience in restoration projects to complete the grant project. As a result. CSP is interested in partnering with the City of Carisbad for completion of the project, such that the city would be added as a grantee for completion of the grant. Finally, CSP understands that adding the City of Carisbad to the grant as a partner, requires review and approvai by the Carisbad City Council. CSP encourages city staff to pursue obtaining said approval. 37 I apologize for the lack of movement on the project; however, I look fonward to our partnership with the City's Paries & Recreatton Department in seeing to its successful completion. Sincerely. Robin Greene State Paric Superintendent III Robin.Greene@parl<s.ca.gov cc: Gary Bariserio, Assistant City Manager Chris Hazeltine, Paries & Recreatton Director Kyle Lancaster, Paries Superintendent Clay Phillips, District Superintendent CA State Paries Danren Smith, District Sendees Manager, CA State Paries 32 AlVIENDMENT NO. 4 TO AMEND AND FUND AGREEMENT FOR MEDIAN, PARKWAY, AND LANDSCAPE MAINTENANCE SERVICES NISSHO OF CALIFORNIA, INC. This Amendment No.4 is entered into and effective as of the ^0 day of tuui , 2014, amending and funding the agreement dated January 23,2008i(the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Nissho of California, Inc., ("Contractor") (collectively the "Parties") to perform median, parkway and landscape maintenance services. RECITALS A. On February 3, 2010, the Parties executed Amendment No. 1 to the Agreement to extend, amend and fund the Agreement for two years; and B. On January 18, 2012, the Parties executed Amendment No. 2 to the Agreement to extend, amend and fund the Agreement for two years; and C. On January 14, 2014, the Parties executed Amendment No. Sto the Agreement to extend, amend, and fund the Agreement for one year; and D. The Parties desire to alter the Agreement's scope of work to Include landscape maintenance services and Improvement work at the State of California (State) owned Tamarack State Beach Upper Picnic Facilities and Tamarack/Frazee State Beach Coastal Bluff; and E. On May 20, 2014, the State and the City entered into a Right of Entry Permit (Permit) In order to accomplish the above described services and work at the above titled State owned sites; and F. The Parties desire to amend and fund the Agreement; and G. The Parties have negotiated and agreed to a scope of work and fee schedule, which Is attached to and Incorporated by reference as Exhibit "A", Scope of Services and Fees; and H. The Scope of Services are to be completed by January 22, 2015; and NOW, THEREFORE, In consideration of these recitals and the mutual covenants contained herein. City and Contractor agree as follows: I. In addition to those services contained in the Agreement, as may have been amended from time to time. Contractor will provide those other services described In the attached Exhibit "A". With this Amendment No. 4, the total annual Agreement amount shall not exceed One iVillllon, Five Hundred Fifty-seven Thousand, Seven Hundred Thirteen dollars and Four cents ($1,557,713.04). 2. The City will pay Contractor for those services described In the attached Exhibit "A" on a fixed price basis Five Thousand One Hundred Seventy-eight dollars ($5,178) per month; which equals Sixty-two Thousand One Hundred Thirty-six dollars ($62,136) per year. Contractor City Attorney Approved Version #05.22.01 1 10 will provide City, on a monthly basis, copies of Invoices sufficiently detailed to Include hours performed, hourly rates, and related activities and costs for approval by City. 3. The City may also pay Contractor on for extra work as described In the attached Exhibit "A" on a negotiated price basis not-to-exceed Six Hundred Fifty Thousand dollars ($650,000). 4. The State has required City to Impose the terms, conditions and requirements contained within the State of California - City of Cartsbad Right of Entry Permit on all contractors who will be performing any of the services and work authonzed by said Right of Entry Permit on behalf of City. As such. Contractor explicitly agrees to be bound by all the terms, conditions, and requirements of the Permit while performing the work described in Exhibit A. A true and correct copy ofthe Permit Is attached hereto as Exhibit B and Incorporated herein by this reference. 5. The Contractor will complete all work described in Exhibit "A" by January 22, 2015; unless terminated by City 6. All other provisions of the Agreement, as may have been amended from time to time, will remain In full force and effect. 7. All requisite Insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// /// /// /// /// /// /// /// /// City Attorney Approved Version #05.22.01 8. The individuals executing this Amendment and the instruments referenced in It on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California (Sign here) ^ Mayor (print name/title) ATTEST: (e-mail address) / / BARBARA ENGLESOI^ **By / City Clerk /^L/^n.tl ^ (sign here) fj^cA'd delk4iir}/Vice Pr^^'<diiAi (print name/title) (e-mail address) if required by City, proper notaries acknowledgment of execution by contractor must be attached, if a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Othenwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORU: Celia A. Brewer, City Attorney By: Assistant City Attorney City Attorney Approved Version #05.22.01 EXHIBIT "A" SCOPE OF SERVICES AND FEES Amendment No.4 to Median. Parkway and Landscape Maintenance Services Agreement Contractor shall provide median, parkway, and landscape maintenance services, In accordance with the original Agreement, on fixed price basis. In the total amount of Five Thousand, One Hundred Seventy-eight dollars ($5,178) per month, and Sixty-two Thousand, One Hundred Thirty-six dollars ($62,136) per year, as follows: Item No. Description Monthly Price Annual Price 1 Tamarack State Beach Upper Picnic Facilities $2,478.00 $29,736.00 2 Tamarack/Frazee State Beach Coastal Bluff $2,700.00 $32,400.00 Total $5,178.00 $62,136.00 Contractor may provide extra work. In accordance with the original Agreement, on a negotiated price basis. In a not-to-exceed total amount of Six Hundred Fifty Thousand dollars ($650,000), as follows: Item No. Description N.T.E. Price 1 Tamarack State Beach Upper Picnic Facilities Improvements Work may include, but not be limited to: repair of irrigation system; renovation of passive turf. Including over-seeding/sodding, and grade adjustments; patching of and eradication of weeds within, hardscapes; weed eradication, pruning, and re-planting of planters; pruning/structural shaping, and selective removal of trees; purchase and installation of new picnic tables, benches, and trash receptacles; removal of old picnic tables, benches, and trash receptacles; purchase and installation of new drinking fountains; eradication of weeds within, and grade adjustments to, shower area; patching and/or resurfacing of stairway treads, and welding/painting and/or replacement of stairway and adjacent ramp handrails. $200,000.00 City Attorney Approved Version 1/30/13 2 Tamarack/Frazee State Beach Coastal Bluff Improvements Work may include, but not be limited to: removal of non-native plant species from the Coastal Bluff, purchase and installation of native plant species appropriate to Southern California's natural bluffs, purchase and installation of interpretive signs concerning the importance and beauty of the natural bluffs; grading and installation of a safe beach access trail from the Sculpture Park parking lot to the beach below; and installation of protective fencing along the parking lot to inhibit the use of spur trails that could degrade the bluff. $450,000.00 Total $650,000.00 City Attorney Approved Version 1/30/13 EXHIBIT "B" STATE OF CALIFORNIA - CITY OF CARLSBAD RIGHT OF ENTRY PERMIT Amendment No.4 to Median. Parkway and Landscape Maintenance Services Agreement RIGHT OF ENTRY PERMIT Agency: Department of Parks and Recreation Project: Operation of Tamarack State Beach Upper Picnic Facilities: RR, Grass & Picnic Area; & Tamarack/Frazee State Beach Coastal Bluff This Right of Entry Permit (Permit) Is made and entered Into this 20th day of May 2014, between the State of California, acting by and through Its Department of Parks and Recreation, hereinafter called State, and City of Carisbad, a local Government entity hereinafter called Permittee; State and Permittee may hereinafter be referred to as a Party, or collectively the Parties. RECITALS • Whereas, the State owns, operates and maintains the State Park known as Carisbad State Beach, in the County of San Dlego, State of California; and • Whereas, Permittee has applied to State for permission to access for purposes of carrying out groundskeeping, maintenance of facilities, and restoration ofthe coastal bluff habitat as further described below (the Project); and • Whereas, the State desires to accommodate Permittee's application for permission to enter Carisbad State Beach for purposes of the Project, as provided herein and as, and to the extent, such Project may be ultimately described, permitted, approved and conditioned by this document and subsequent environmental documents, and as may be conditioned by any other regulatory agency having jurisdiction. If applicable. TERMS AND CONDITIONS Now therefore, the State by this Permit hereby grants to the Permittee permission to enter upon State's property, conditioned upon the agreement of the Parties that this Permit does not create or vest In Permittee any Interest In the real property herein described or depicted, that the Permit Is revocable and non-transferable, and that the Permit is further subject to the following terms and conditions: 1. Project Description: By this Permit, the State herelay grants to the Permittee permission to enter onto those lands depicted and/or described on Exhibits "A" and "B" (the Property), attached hereto and herein Incorporated by this reference, solely forthe purpose of 1) maintaining landscaping. Irrigation systems, hardscapes, and dally facility housekeeping tasks forthe comfort station (forthe Area described In Exhibit "A" and 2) revegetating native coastal bluff habitat, retrofitting/expanding existing Irrigation system, and maintaining said vegetation and Irrigation system, within a 4.8 acre area also described In Exhibit "B" 2. Permit Subject to Laws and Regulatory Agency Permits: This Permit Is expressly conditioned upon Permittee's obtaining any and all regulatory permits or approvals required by the relevant regulatory agencies forthe Project and Permittee's use ofthe Property, and upon Permittee's compliance with all applicable municipal, state and federal laws, rules and regulations. Including all State Park regulations. Permittee shall, at Permittee's sole cost and City Attorney Approved Version 1/30/13 H3 expense comply with the Project Description and requirements and mitigations pursuant to the California Environmental Quality Act (CEQA). Prior to commencement of any work, Permittee shall obtain all such legally required permits or approvals and submit to the State full and complete copies of all permits and approvals Including documentation related to or referenced in such permits and approvals, along with the corresponding agency contact and telephone numbers, and related CEQA and/or National Environmental Policy Act (NEPA) documentation as applicable. 3 Term of Permit: This Permit shall only be for the period beginning on 5/20/2014, and ending on 5/19/2015, or as may be reasonably extended by written mutual agreement ot the Parties. 4 Consideration: As this is a mutually beneficial agreement between the parties which will improve facility features and maintenance, a component of CA State Parks Mission and Director's Strategic Vision, no monetary compensation is being sought by Permittee. 5 Permit Subject to Existing Claims: This Permit Is subject to existing contracts, permits, licenses, encumbrances and claims which may affect the Property. 6 Waiver of Claims and Indemnity: Permittee waives all claims against State, its officers, ' agents and/or employees, for loss, injury, death or damage caused by, ansing out of, or in any way connected with the condition or use of the Property, the issuance exercise, use or implementation of this Permit, and/or the rights herein granted. Permittee further agrees to protect, save, hold harmless, Indemnify and defend State, its officers, ag.ents and/pr employees from any and all ioss, damage, claims, demands, costs and liability which may be suffered or Incurred by State, Its officers, agents and/or employees from any cause , whatsoever, arising out of, exercise by Permittee of the nghts herein granted Permittee s use of the Property and/or the Proiect for which this Permit is granted, except those ansing out of the sole active negligence or willful misconduct of State. Permittee will further cause such indemnification and waiver of claims In favor of State to be inserted in each contract that Permittee executes for the provision of services in connection with the Project for which this Permit is granted. 7 Contractors: Permittee shall Incorporate the terms, conditions and requirements contained " herein when contracting out all or any portion of the work permitted hereunder. Permittee shall be responsible for ensuring contractor/subcontractor compliance with the terms and conditions contained herein. Failure of Permittee's contractors to abide by State s terms and conditions shall constitute default by Permittee (see DEFAULT paragraph below) allowing State to terminate this Permit and seek all legal remedies. 8 Insurance Requirements: As a condition of this Permit and in connection vyith Permittee's indemnification and waiver of claims contained herein. Permittee shall be self-insured, and cause Its contractors to maintain, a policy or policies of insurance as follows: ^ pTrm?tte?shalf m'ain^^^ motor vehicle liability with limits of not less than $1,000,000 per accident. Such insurance shall cover liability arising out of a motor vehicle, including all owned, hired, and non-owned motor vehicles. Permittee shall maintain statutory Workers' Compensation and employer's liability insurance coverage in the amount of $1,000,000/employee/disease/each accident, for all its employees who will be engaged In the performance of work on the Property, including special extensions where applicable. Said policy shall include a waiver of subrogation in favor of State. If the permittee has no employees and/or the owner(s) have elected not to be covered by workers' compensation. Permittee shall provide State with a written confirmation that Permittee is not required to be, and/or has elected not to be, covered by Workers' Compensation. Permittee shall procure commercial general liability insurance at least as broad as the most commonly available ISO policy form CG 0001 covering premises operations, products/completed operations, personal/advertising iniury and contractual liability with limits not less than $1,000,000 per occurrence and $2,000,000 general aggregate. Said City Attorney Approved Version 1/30/13 4i B. Private Party Permittees Permittee shall maintain personal auto Insurance with limits of not less than $100,000 bodily Injury per person, $300,000 bodily injury per accident, and $50,000 property damage per accident. Permittee shall maintain comprehensive personal liability with limits of not less than $300,000 each occurrence. Each policy of Insurance required by this provision shall: (a) be in a form, and written by an insurer, reasonably acceptable to State and (b) be maintained at Permittee's sole expense. Permittee shall provide to the State within five (5) business days following receipt by contractor a copy of any cancellation or non-renewal of insurance required by this Permit. Insurance companies issuing such policies shall have a rating classification of "A-" or better and financial size category ratings of "Vll" or better according to the latest edition of the A.M. Best Key Rating Guide. All Insurance companies issuing such policies shall be licensed admitted Insurers or eligible surplus lines insurers authonzed to do business in the State of California. Said motor vehicle liability and commercial general liability policies shall contain an endorsement naming the STATE OF CALIFORNIA and the CALIFORNIA DEPARTMENT OF PARKS AND RECREATION as an additional insured at no cost to State. The endorsements shall be provided and not substituted by referring to such coverage on the certificate of insurance. Permittee shall provide to State evidence that the insurance required to be carried by this Permit, including the endorsements affecting the additional insured status and waiver of subrogation, is in full forc^ and effect and that premiums therefore have been paid. Such evidence shall, at State's discretion, be in the form of a Certificate of Insurance or DPR Form 169A, Certificate of Insurance for Concession Contracts/Special Events, or a certified copy of the original policy, including all endorsements. Permittee is responsible for any deductible or self-insured retention contained within the insurance program. Should Permittee fail to keep the specified Insurance in effect at all times. Permittee shall be considered to be in default of this Permit, and State may. In addition to any other remedies it has, terminate this Permit. Permittee shall require and ensure that all contractors and subcontractors have adequate insurance meeting the coverage requirements in this provision. Any insurance required to be carried shall be primary and not excess to any other insurance carried by State. Coverage shall be in force for the complete term of this Permit, Including any extension thereof, and for all work being done for which this Permit is required. 9. Reservation of Rights: State reserves the right to use the Property in any manner, provided such use does not unreasonably interfere with Permittee's rights herein. 10. Access Limits and Conditions: Access to the Property shall be limited to the access designated by State herein. 11. Notice of Work: Any required notices to State shall be sent to the State authorities in charge of Carisbad State Beach named below. At least forty-eight (48) hours priorto any entry upon the Property for any of the purposes hereinabove set forth. Permittee shall provide the State contact[s] named below with written notice of Permittee's intent to enter the Property. Permittee shall also notify the State contact[s] listed below in writing at least forty-eight (48) hours prior to any change in the Project schedule or cessation or completion City Attorney Approved Version 1/30/13 H6 of work. Should State personnel need to contact Permittee, State shall notify Permittee's contact person listed below: STATE: PERMITTEE'S CONTACT: Contact: Superintendent Robin Greene Contact: Superintendent Kyle Lancaster District: San Diego Coast /North Sector Department: Parks & Recreation Address: 2680 Carisbad Blvd. Address: 799 Pine Ave. Carisbad, CA 92008 Carisbad, CA 92008 T- 760-720-7001 T: 760-434-2941 E: robin.areene@parks.ca.gov E: kvle.lancaster@carisbadca.gov 12. Limits of Work: In no event shall this Permit authorize work in excess or contrary to the terms and conditions of any regulatory agency permit or approval. Under no circumstances, whether or not authorized by any regulatory agency, other permit or any person or entity other than State, shall work exceed that which is authorized by this Permit. 13. Public Safety: Permittee shall erect orange plastic temporary construction fencing and appropriate signage prior to commencement of work to prevent public access to the construction zone. Permittee shall remove such fencing within two (2) days after the completion of work. Permittee shall take, and shall cause its contractors or subcontractors to take, any and all necessary and reasonable steps to protect the public from harm in connection with the Project or implementation of this Permit. 14. Compliance with Project Requirements, Monitoring and Mitigation Measures (if applicable): Prior to commencement of revegetating native coastal bluff habitat State will update CEQA document (NOE 2002/2003-SD-78) that updates and specifies resource monitoring and mitigation measures. The measures identified shall be completed by Permittee in accordance with and to the satisfaction of the District Superintendent or designee. Permittee's activities conducted under this Permit shall comply with all State and Federal environmental laws. Including, but not limited to, the Endangered Species Act, CEQA, and Section 5024 of the Public Resources Code. Any of Permittee's archaeological consultants working within the boundaries of the Property shall obtain a permit from the California State Parks Archaeology, History & Museums Division priorto commencing any archaeological or cultural investigations ofthe Property. Permittee shall immediately advise State's contact person if any new site conditions are found during the course of permitted work. State will advise Permittee if any new historical resources (including archaeological sites), special status species, threatened/endangered species protocols, or other resource issues are identified within the Project site. Permittee shall abide by District Superintendent or designee's Instructions to protect the resource(s) during the permitted work or risk revocation orthe Permit. Permittee shall make all excavation activities on the Property available to the State Archaeologist for observation and monitoring. During excavation, the State archaeological monitor may observe and report to the State on all excavation activities. State archaeological monitor shall be empowered to stop any construction activities as necessary to protect significant cultural resources from being disturbed. In the event that previously unknown cultural resources, including, but not limited to, dark soil containing shell, bone, flaked stone, groundstone, or deposits of historic trash are encountered during Project construction by anyone, work will be suspended at that specific location, and the Permittee's work will be redirected to other tasks, until after a State- qualified archaeologist has evaluated the find and implemented appropriate treatment measures and disposition of artifacts, as appropriate, in compliance with all applicable laws and department resource directives. If human remains are discovered during the Project, work will be immediately suspended at that specific location and the District Superintendent or designee shall be notified by Permittee. The specific protocol, guidelines and channels of communication outlined by the City Attorney Approved Version 1/30/13 California Native American Heritage Commission (NAHC), and/or contained in Health and Safety Code Section 7050.5 and Public Resources Code Sections 5097.9 et seq., will be followed. Those statutes will guide the potential Native American involvement in the event of discovery of human remains. Permittee shall provide a written work schedule to State so that the State archaeological monitor can arrange to be on site on the necessary days. Permittee shall provide reasonable advance notice of and invite the District Superintendent or designee to any preconstruction meetings with the prime contractor or subcontractors. 15 Restoration of Property: Permittee shall complete the restoration, repair, and revegetation of the Property in consultation with, and to the satisfaction of, the State Environmental Scientist within one (1) year after completion ofthe Project or the expiration or termination of this Permit, whichever comes first. This obligation shall survive the expiration or termination of this Permit. 16. Right to Halt Work: The State resen/es the right to halt work and demand mitigation measures at any time, with or without prior notice to Permittee, in the event the State determines that any provision contained herein has been violated, or in the event that cessation of work Is necessary to prevent, avoid, mitigate or remediate any threat to the health and safety of the public or state park personnel, or to the natural or cultural resources of the state park. 17. Use Restrictions: Activities on the Property shall be conducted only in a manner which will not interfere with the orderiy operation of the state park. Permittee shall not engage in any disorderly conduct and shall not maintain, possess, store or allow any contraband on the Property. Contraband includes, but is not limited to: any illegal alcoholic beverages, drugs, firearms, explosives and weapons. Roads and trails where motorized vehicles are normally prohibited may be used for vehicle access by Permittee, its employees, agents or contractors for patrol, maintenance or repair purposes only, and only to the extent specified by State, and shall be othenwise subiect to all other conditions and/or restrictions of this Permit and any applicable laws, state park regulations and state park policies. Permittee shall not use or allow the Property to be used, either in whole or in part, for any purpose other than as set forth in this Permit, without the prior written consent of the State. 18. State's Right to Enter: At all times during the term of this Permit and any extension thereof, there shall be and is hereby expressly reserved to State and to any of its agencies, contractors, agents, employees, representatives, invitees or licensees, the nght at any and all times, and any and all places, to temporarily enter upon said Property to survey, inspect, or perform any other lawful State purposes, with reasonable notice to Permittee. Permittee shall not interfere with State's right to enter. 19 Protection of Property: Permittee shall protect the Property, including all improvements and all natural and cultural features thereon, at all times at Permittee's sole cost and expense, and Permittee shall strictly adhere to the following restrictions: (a) Permittee shall not place or dump garbage, trash or refuse anywhere upori or within the Property, except in self-contained trash receptacles that are maintained to State's satisfaction by Permittee. (b) Permittee shall not commit or create, or suffer to be committed or created, any waste, hazardous condition or nuisance in, on, under, above or adjacent to the Property. (c) Permittee shall not cut, prune or remove any vegetation upon the Property, except as identified in the Project description and herein permitted or subsequently approved in writing by the District Superintendent. City Attorney Approved Version 1/30/13 (d) Permittee shall not disturb, move or remove any rocks or boulders upon the Property except as identified in the Project description and herein permitted or subsequently approved in writing by the District Superintendent. (e) Permittee shall not grade or regrade, or alter in any way, the ground surface of the Property, except as Tiereln permitted, or subsequently approved in writing by the District Superintendent. (f) Permittee shall not bait, poison, trap, hunt, pursue, catch, kill or engage in any other activity which results in ttie taking, maiming or injury of wildlife upon the Property except as identified in the Project description and herein permitted or subsequently approved in writing by the District Supenntendent. (q) Permittee shall not use, create, store, possess or dispose of hazardous substances (as defined in the California Hazardous Substances Act) on the Property except as herein permitted, or subsequently approved in writing by the Distnct Supenntendent. (h) Permittee shall exercise due diligence to protect the Property against damage or destruction by fire, vandalism and any other causes. 20 Default: In the event of a default or breach by Permittee of any of the terms or conditions set forth in this Permit, State may at any time thereafter, witiiout limiting State in the exercise of any right of remedy at law or in equity which State may have by reason of such default or breach: (a) Maintain this Permit in full force and effect and recover the consideration if any, and other monetary charges as they become due, without terminating Permittee s nght to use of the Property, regardless of whether Permittee has abandoned the Property; or (b) Immediately terminate this Permit upon giving written notice to Permittee, whereupon Permittee shall immediately surrender possession ofthe Property to State and remove all of Permittee's equipment and other personal property from the Property In such event. State shall be entitted to recover from Permittee all damages incurred or suffered by State by reason of Permittee s default, including, but not limited to, the following: (i) anv amount necessary to compensate State for all the detriment proximately caused by Permittee's failure to perform its obligations underthis Permit, includmg, but not limited to, compensation for the cost of restoration, repair and revegetation of the Property, which shall be done at State's sole discretion and compensafion for the detriment which in the ordinary course of events would be likely to result from the default; plus (11) at State's election, such other amounts in addition to or in Ileu of the foregoing as may be permitted from time to time by applicable law. 21 State's Right to Cure Permittee's Default: At any time after Permittee is in default or in material breach of this Permit, State may, but shall not be required to, cure such default or breach at Permittee's cost. 22 Revocation of Permit: The State shall have the absolute right to revoke this Permit for anv reason upon ten (10) business days written notice to Permittee. Wntten notice to Permittee may be accomplished by electronic or facsimile transmission, and the notice period set forth in this paragraph shall begin on the date of the electrpnjc or facsimile transmission, or, if sent by mail, on the date of delivery. If Permittee is m breach of the Permit or owes money to the State pursuant to this Permit, any prepaid monies paid by Permittee to State shall be held andapplied by the State as an offset toward damages and/or amounts owed. Nothing stated herein shall limit the State's exercise of its legal and equitable remedies. 23 Recovery of Legal Fees: In any action brought to enforce or interpret any provisions of " this Permit or to restrain the breach of any agreement contained herein, or for the recovery City Attorney Approved Version 1/30/13 ^3 Capital Improvameiit Prc^ram Project Request Form FY 2014 (201S-2014) CONTACT INFORMA TION 1. Requester's Name Kvle Lancaster 2. Requester Department Parks and Recreation 3. Sponsor' Name Chris Hazeltine PROJECT DESCRIPTION 4. Project Name Tamarack State Beach Upper Picnic Facilities Improvements 5. Project Number None 6. Project Budget $400000 7. Annual Operating Budget $ 75,000 8. Project Location: Greenwav westeriy adiacent to Carisbad Blvd.. from Tamarack Ave, to Cherry St. 9. Project Description: Landscape improvements to include: turf and irrigation repairs, replanting Planters, hardscape patching/resurfacing, handrail repair or replacement, site furnishings removal and replacement - including picnic tables, seating benches, trash cans and drinking fountains. Proiect also includes remedial improvements to restroom at Tamarack Ave. 10. Brief Summary of Project Need and Priority Level: Council priorities include the enhancement of beachside public facilities and recreational areas associated with Carisbad State Beach along Carisbad Blvd. This proiect will greatly enhance the appearance and function ofthis active recreational corridor. ESTIMATED PERMITTING/ENVIRONMENTAL REQUIREMENTS 11. Permits: IE! City Issued • Agency Issued • California Coastal Commission Issued 12. Environmental: • Negative Declaration • Mitigated Negative Declaration • Environmental Impact Report n Exempt SUBMITTALS ARE DUE NO lATER THAN: JANUARY 31sl o CM I CO T— o CVJ UJ lU I CO o (3 D Zi CQ h- O Ul -J o cn Q. a. o a E a 3 o CO •D O O -a a 3 O g > « < S >- 2 O 3 io IO S fl) p 3 a. O < o o C5 o o O o« :3 55 o O I- I-o m o Q: a. (0 UJ o o UJ o z < < 1-o 1-o z Q ILI HI Q. 8 o UJ Q. O -I < Z o O 03 Operating Budget Request - Completed Capital Improvement Projects Fiscal Year 2013-14 CITY OF CARLSBAD Requesting Dept/Org Key: Parks and Recreation/0014610 CIP Project Title: Tamarack State Beach Upper Picnic Facilities Improvements Expected Completion Date: 5/20/2014 Funding Source: Q General Fund • Dept. Contingency • Other If the first year request is for a partial year, complete A and B below: A. If the request is for a partial year, please Identify the number of months being requested (example - 6 months is a project beginning in the middle of a fiscal year). 2 Months as percent of year > I Yi B. Partial year cost: $75,000 = Annual Cost x Percentage of Year UJ z z o w LU Q. For r\ew positions - list the total FTEs being requested and the position titles. One form per new position. Staffing Analvsis must be attached for each new position. Number of FTEs: Position Title: BUDGET REQUEST (attach staffing analysis for each full time position) Object Starting Fiscal Year Annual % of Year Partial Year Salaries and Benefits Object Starting Fiscal Year Cost to be funded Cost Salaries 6100 Health Insurance 6501 Life Insurance 6510 Social Security/Medicare 6530 Disability Insurance 6655 Unemployment 6656 Retirement 6720 Other_ other Total Personnel: $ 12% o Operating Expense Object starting Fiscal Year Annual Cost % of Year to be funded Partial Year Cost One Time Cost Miscl. Outside Services 7550 $58,000 12% $6,960 Building Maintenance Misc.Supplies Water Heat & Light 7801 $7,000 12% $840 7899 $2,380 12% $286 7753 $7,200 12% $864 7750 $420 12% $50 < Q. < O Total M&O: $75,000 Capital Outlay Object Starting Fiscal Year $9,000| Annual Cost Total Capital Outlay: jj SUMMARY OF TOTAL REQUEST One Time Cost nt Head: Annual Cost $75,000 Partial Cost (First Year) One Time Cost $9,000 $ 5/12/2014 S3 Capital Improveinent Pro^i^fn Project Request Form FY 2014 (2013-2014) CONTACT INFORMATION 1. Requester's Name Kvle Lancaster 2. Requester Department Parks and Recreation 3. Sponsor' Name Chris Hazeltine PROJECT DESCRIPTION 4. Project Name Tamarack-Frazee State Beach Coastal Bluff Restoration 5. Project Number None 6. Project Budget $499830 7. Annual Operating Budget $ $40.000 8. Project Location: Coastal bluff, east of lower seawall, and parallel with Carisbad Blvd. The northern boundarv of the proiect is the north end of the Frazee State Beach/Ocean St. Sculpture Park parking lot, and southern boundarv is the south end of the Tamarack State Beach parking lot. 9. Project Description: Restoration of west facing coastal bluffs would include irrigation, installation of native plants, removal of invasive plant species, and erosion control measures that would provide for improved slope stabilization, and also enhance the bluff side appearance. The project also includes ongoing maintenance and monitoring. The issuance of a California Coastal Commission permit mav be reguired prior to commencement of the proiect. 10. Brief Summary of Project Need and Priority Level: Council priorities include the protection and enhancement of vital public natural resource and recreational areas associated with the California coastline that are located within Carisbad. In partnership with California State Parks, this beach bluff proiect witl greatly improve the environmental health, function and appearance ofthe beach bluffs that are adjacent to beaches which are enjoyed by Carisbad residents and visitors. ESTIMATED PERMITTING/ENVIRONMENTAL REQUIREMENTS 11. Permits: City Issued • Agency Issued California Coastal Commission Issued 12. Environmental: Kl Negative Declaration • Mitigated Negative Declaration O Environmental Impact Report • Exempt o CM I to o CM m LU X (0 a: O H UJ (D a m I-o m -> O OH 0. a. o oc s tn < o o Operating Budget Request - Completed Capital Improvement Projects Fiscal Year 2013-14 CITY OF CARLSBAD Requesting Dept/Org Key: Parks & Recreation CIP Project Title: Tamarack/Frazee State Beach Coastal Bluff Restoration Expected Completion Date: 5/20/2014 Funding Source: 0 General Fund • Dept. Contingency • Other If the first year request is for a partial year, complete A and B below: A. If the request is for a partial year, please identify the number of months being requested (example - 6 months is a project beginning in the middle of a fiscal year): 2 Months as percent of year > j B Partial year cost $40,000 = Annual Cost x Percentage of Year -mo m z z o (0 LU O NEW POSITION REQUEST For new positions - list the total FTEs being requested and the position titles. One form per new position. staffing Analvsis must be attached for each new position. Number of FTEs: Position Title: BUDGET REQUEST (attach staffing analysis for each full time position) Salaries and Benefits Object starting Fiscal Year Annual Cost % of Year ' to be funded ! Partial Year Cost Salaries 6100 Health Insurance 6501 Life Insurance 6510 Social Security/Medicare 6530 Disability Insurance 6655 Unemployment 6656 Retirement 6720 Other, Other Total Personnel: $1 IE 12% IE Operating Expense Object Starting Fiscal Year Annual Cost % of Year to be funded Partial Year Cost One Time Cost Misc. Outside Services 7550 $34,000 12% $4,080 Water 7753 $6,000 12% $480 Total M&O: $40,000 Q. < Capital Outlay Object starting Fiscal Year Annual Cost Total Capital Outlay: \ S U WI IViyVI^^^ ^^F T^DT/\L V^E $4,560} One Time Cost Annual Cost $40,000 Partial Cost (First Year) $4,560 One Time Cost 5/12/2014 LP EtopartniMt of tfmt» mt^ R#cir«atl(w Ni3rriCEbPi)(EiMPTioN PROJEGT tnii: GnMuid i PeS^rn0N THE i>RQJi5);^t l^)^|rr4STJ(TUS; • lilhlMtf (8ielidft4«s»^ ±- iS«(Aiciii! ijao4 , Ptqfes^Vin licmftifi^Ac iii|>tove^ oftetiitiltlbt <iid wlWiafe«*>im»»f»^ Cd<<T^rllBaIU>twi»wi. Bavir^^ SbuaterttSefWceCenfer TBLEPtKWB; 19) 220-5324 Date ^7 Right of Entry Permit to Improve & Maintain Upper Picnic Facilities at Tamarack State Beach & Coastal Bluff at Tamarack/Frazee State BeachGary Barberio, Assistant City ManagerChris Hazeltine, Parks & Recreation DirectorKyle Lancaster, Parks SuperintendentMay 20, 2014 Right of Entry Permit –CA State P&RItem Explanation•CA State Parks & Recreation (State) operates under significant budget constraints.•Services provided at State sites have declined.•Results evident at Tamarack State Beach Upper Picnic Area (Picnic Area) Tamarack/Frazee State Beach Coastal Bluff (Coastal Bluff). Right of Entry Permit –CA State P&R•State’s lack of resources has resulted in an inability to provide basic maintenance services•City initiated discussions with State on the potential for City to assume these services. Right of Entry Permit –CA State P&RRight of Entry Permit/Operating Agreement•State submitted ROE Permit (Permit) for City:1) Enter Picnic Facilities to improve & maintain landscape/hardscape, irrigation, & restrooms. 2) Enter Coastal Bluff to revegetate native coastal bluff habitat, retrofit irrigation, & maintain vegetation/irrigation. Right of Entry Permit –CA State P&R•Term of Permit is one year: 5/20/14 – 5/19/15.•Permit may be extended by mutual agreement.•Permit allows for short term means of entering sites for improvement & maintenance.•Goal is to execute a long term Operating Agreement for continuation/expansion. Upper Picnic Facilities Upper Picnic Facilities Upper Picnic Facilities Upper Picnic Facilities Upper Picnic Facilities Upper Picnic Facilities Upper Picnic Facilities Upper Picnic Facilities Upper Picnic Facilities•Landscape services:–Estimated improvement costs: $200,000.–Estimated maintenance costs: $50,000/yr.•Restroom/pump station services:–Estimated improvement costs: $200,00–Estimated maintenance costs: $25,000/yr. Coastal Bluff Coastal Bluff Coastal Bluff Coastal Bluff Coastal Bluff Coastal Bluff Coastal Bluff Coastal Bluff•Agricultural Conversion Mitigation Fee (ACMF) Grant in the amount of $234,830 to complete the Coastal Bluff restoration & rehabilitation.•State notified City it has been unable to complete the project.•State expressed interest in partnering with City for completion of the project, with the City added as a co‐grantee to the ACMF Grant. Coastal Bluff•Bluff services:–Estimated improvement costs: $499,830•$234,830 – Reallocation of ACMF Grant to GCC.•$265,000 –New allocation from GCC.–Estimated maintenance costs: $40,000/yr. Recommended ActionApprove a right of entry permit with the State of California Department of Parks & Recreation to improve and maintain the Upper Picnic Facilities at Tamarack State Beach & the Coastal Bluff at Tamarack/Frazee State Beach, &1) Adopt Resolution # 2014‐0982) Adopt Resolution # 2014‐0993) Adopt Resolution # 2014‐1004) Adopt Resolution # 2014‐101