HomeMy WebLinkAbout2020-05-05; City Council; Resolution 2020-077RESOLUTION NO. 2020-077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING EXECUTION OF THE STATE COASTAL
CONSERVANCY GRANT AGREEMENT AND UNIVERSITY OF CALIFORNIA
RESEARCH AGREEMENT, AND ACCEPTANCE AND APPROPRIATION OF
GRANT FUNDS TO THE ENVIRONMENTAL MANAGEMENT DEPARTMENT
BUDGET.
WHEREAS, the City of Carlsbad Sea Level Rise Vulnerability Assessment dated December 2017
noted some sections of Carlsbad Boulevard may be subject to future coastal erosion; and
WHEREAS, in 2016, wave run-up caused the closure of a southbound lane of Carlsbad Boulevard
at Encinas Creek, which resulted in installation of a revetment to address erosion issues; and
WHEREAS, coastal erosion and wave run-up are expected to be further exacerbated by future
sea level rise; and
WHEREAS, the city applied for, and received, a grant from the State Coastal Conservancy in the
amount of $498,075 to study coastal erosion from Terramar to Batiquitos Lagoon and the realignment
of Carlsbad Boulevard south of Palomar Airport Road.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Council authorizes and directs the city manager, or designee, to sign the
State Coastal Conservancy Grant Agreement, attached hereto as Attachment A, and the
University of California Research Agreement, attached hereto as Attachment B.
3. That the City Council accepts the award of grant funds under the State Coastal
Conservancy Grant Agreement in the amount of $498,075 and authorizes the deputy
city manager, administrative services, to appropriate the grant funds upon receipt to
the Environmental Management Department budget.
May 5, 2020 Item #4 Page 4 of 135
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 5th day of May, 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
None.
MA TT HALL, Mayor
~,J..,Cht&v~
BARBARA ENGLESON, City elk
(SEAL)
May 5, 2020 Item #4 Page 5 of 135
STATE OF CALIFORNIA
STANDARD AGREEMENT
Std.2 (< irnnl -Rev 111/18)
ATTACHMENT A
AGREEM~~~~~iER t~-N(~ .-_l
TAXPAYERS FEDERAL EMPLOYEfl
IDENTIFICATION NO
95-6004793 ____ ., __ _
THIS AGREEMENT, made and entered into this 1-f1\.. day of --'I-'--.--• 2020
in the State of California, by and between State of California, through , s lected or appointed, qualified and acting
-----------··--·-·· TITLE 01' OHICE'R ACTING FOR STATE AGENCY
Executive Officer ----------·-----·-----------· ·•·--··· ·------GRANTEE'S NAME
City of Carlsbad
State Coastal· Consc1vancy , hereafter called the Conservancy, and
, hereafter called the Grantee.
The Grantee, for and in consideration of the covenants, conditions, agreements, and stipulations of the Conservancy hereinafter expressed, does hereby agree
as follows:
SCOPE OF AGREEMENT
Pursuant to Chapters 3 an<l 9 of Division 21 of the California Public Resources Code, the State Coastal Consetvancy
("the Conservancy") hereby grants to tl1e City of Carlsbad ("the grantee") a sum not to exceed $498,075 (four
hundred ninety-eight thousand seventy-five dollars), subject to this agreement. The grantee shall use these funds to
prepare a managed retreat and restoration plan ("the plan" or "the project") for the South Carlsbad Boulevard area of
the City of Carlsbad, as shown on Exhibit 1, which is incorporated by reference and attached.
(Continued on the.following pages)
The provisions on the following pages constitute a part of this agreement
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, u~~ date first above written.
STATE OF CALIFORNIA , GRANTEE
AGENCY GRAN~ lherlhan an individual, stale whether a corpora/ion, partnership, etc.)
State Coastal Conservancy City 8arlsbid
i-...
BY (Authorized Signature) BY (Aut ori, ~d l ~n1 JreJI
RS RS 'i.iV\..,
PRINTED NAME ANO TITLE OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING
Samuel Schuchat, Executive Officer Scott Chadwick, City Manager
ADDRESS & PHONE NUMBER ADDRESS & PHONE NUMBER
1515 Clay Street, 10th Floor 1635 Faraday Avenue
Oakland, CA 94612 Carlsbad, CA 92008
Phone: (510) 286-1015 Phone: (760) 602-4623
AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY (CODE ANO TITLE) FUND TITLE/PROP NO.
DOCUMENT Local Assistance Green House Reduction Fund I certify that this $498,075.00 agreement is exempt
PRIOR AMOUNT ENCUMBERED FUND ITEM CHAPTER STATUTE FISCAL YEAR from Department of
FOR THIS AGREEMENT General Services'
$-0-3760-101-3228 29/30 2018 18/19 approval.
TOTAL AMOUNT ENCUMBERED PROJECT NAME
TO DATE
$498,075.00 South Carlsbad Boulevard Climate Adaptation Project
I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. Erlinda Corpuz
Procurement and
SIGNATURE OF ACCOUNTING OFFICER I DATE Contracts Manager
RS
□GRANTEE 0 ACCOUNTING 0 PROJECT MANAGER 0 CONTROLLER O STATE AGENCY
May 5, 2020 Item #4 Page 6 of 135
City of Carlsba<l
Gnmt Agreement No. f lJ-Ol)J
Page 2
The project consists of a planning project to incorporate managed retreat and long-tenn sea level
rise adaptation of public infrastructure and coastal resources. The project will plan fi.>r climate
adaptation for a vulnerable stretch of highway in the City of Carlsbad by developing project
alternatives and a JO% design for the new roadway which will incorporate non-motorized
transportation lanes. The grantee will also facilitate a stakeholder process to identify
opportunities for use al the site of the road retreat, which is expected to include public access and
recreation as well as ecosystem enhancements.
The grantee shall carry out the project in accordance with this agreement and a work program as
provided in the "WORK PROGRAM" section, below. The grantee shall provide any funds
beyond those granted under this agreement which are needed to complete the pr~jcct.
CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND
DISBURSEMENT
The grantee shall not commence the project and the Conservancy shall not be obligated to
disburse any funds under this agreement until the following conditions precedent have been met:
1. The City Council of the grantee has adopted a resolution designating positions whose
incumbents are authorized to negotiate and execute this agreement and amendments to it on
behalf of the grantee.
2. The Executive Officer of the Conservancy ("Executive Officer") has approved in writing:
a. The work program for the project as provided in the "WORK PROGRAM" section,
below.
b. All contractors that the grantee intends to retain in connection with the project.
c. A plan for acknowledgment of Conservancy funding, and the Greenhouse Gas Reduction
Fund as the source of that funding.
3. The grantee has provided written evidence to the Conservancy that:
a. The grantee has provided for required insurance coverage, including additional insured
endorsement, as described in the "INSURANCE" section, below.
ADDITIONAL GRANT CONDITION
GGRF Funding Requirements
May 5, 2020 Item #4 Page 7 of 135
City of Carlsbad
(iranl Agreement No. 19-093
Page 3
Grantee acknowledges that the project is funded by the Greenhouse Gas Reduction Fund
(GGRF), which is administered by the California Air Resources Board (CARB) as the California
Climate Investments (CCI) program. Grantee also acknowledges that the Conservancy must
comply with all requirements in CARB's "Funding Guidelines for Agencies Administering
California Climate Investments," as revised from time to time ("GGRF Guidelines"), and any
other requirements provided by CARB.
Grantee shall cooperate fully with Conservancy staff to meet these requirements and shall
provide, in a timely manner, all infonnation or documentation as requested by the Conservancy
to comply with such requirements.
These requirements may include the following:
(a) Applying the Quantification Methodology and Calculator Tool and other tools, templates,
methodologies and frameworks approved and provided by CARB and the Conservancy, to
evaluate the facilitation of the reduction of greenhouse gas emissions, benefits to priority
populations, and co-benefits;
(b) Project tracking, monitoring and reporting requirements, including periodic reporting of
project status; and
(c) Recordkeeping requirements, as described in the "AUDITS/ACCOUNTING/RECORDS"
section of this agreement.
All reporting templates and fonns provided by the Conservancy to grantee to meet these
reporting requirements shall be incorporated into this agreement by reference.
TERM OF AGREEMENT
This agreement shall take effect when signed by both parties and received in the office of the
Conservancy together with the resolution described in the "CONDITIONS PRECEDENT TO
COMMENCEMENT OF PROJECT AND DISBURSEMENT" section of this agreement. An
authorized representative of the grantee shall sign the first page of the originals of this agreement
in ink.
This agreement shall run from it.s effective date through May 28, 2023 ("the termination date")
unless otherwise terminated or amended as provided in this agreement. However, all work shall
be completed by February 28, 2023 ("the completion date").
The grantee shall deliver a final Request for Disbursement to the Conservancy no later than
March 31, 2023.
May 5, 2020 Item #4 Page 8 of 135
City or Carlshad
{ irant Agreement No. 19-0<)J
Page 4
AUTHORIZATION
The signature of the Executive Oflicer or the Conservancy on this agreement.certifies that at its
December 19, 2019 meeting, the Conservancy adopted the resolution included in the staff
recommendation attached as Exhibit 2. This agreement is executed under that authorization.
May 5, 2020 Item #4 Page 9 of 135
City or Carlsbad
Uran( Agreement No. 19-093
Page 5
WORK PROGRAM
Standard Provisions
Before beginning the project, the grantee shall submit a detailed work program to the Executive
Officer for review and written approval of its consistency with this grant agreement. The work
program shall include:
I . The specific tasks to be performed.
2. A schedule of completion for the project, specifically listing the completion date for each
project component and a final project completion date.
3. A detailed project budget The project budget shall describe all labor and materials costs of
completing each component of the project. For each project component, the project budget
shall list all intended funding sources including the Conservancy's grant and all other sources
of monies, materials, or labor.
If all or any pai1 of the project to be funded under this agreement will be performed by third
parties ("contractors") under contract with the grantee, then the grantee shall, prior to initiating
any contractor selection process, submit the selection package to the Executive Officer for
review and written approval as to consistency with the purposes of this grant agreement. Upon
approval by the Executive Officer, the grantee shall proceed with the contractor selection
process. Prior to final selection of a contractor, the grantee shall submit to the Executive Officer
for written approval the names of all contractors that the grantee intends to hire. The grantee
shall then comply with the above paragraph regarding submission and approval of a work
program prior to project commencement.
The work program shall have the same effect as if included in the text of this agreement.
However, the work program may be modified without amendment of this agreement upon the
grantee's submission of a modified work program and the Executive Officer's written approval
of it. If this agreement and the work program are inconsistent, the agreement shall control.
The grantee shall carry out the project in accordance with the approved work program.
COORDINATION AND MEETINGS
The grantee shall coordinate closely with Conservancy staff and other involved entities,
including local, state and federal agencies, and shall participate in meetings and other
communications as necessary to ensure coordination.
May 5, 2020 Item #4 Page 10 of 135
City of Carlsbad
(iranl Agreement No. 19-093
Page 6
WORK PRODUCTS AND ACKNOWLEDGMENT OF CONSl~RVANCY SUPPORT
All material, data, information, and written, graphic or other work produced, developed or
acquired under this agreement is subject to the unqualified and unconditional right of the
Conservancy to use, reproduce, publish, display, and make derivative use of all such work, or
any part of it, free of charge and in any manner and for any purpose; and to authorize others to
do so. If any of the work is subject to copyright, trademark, service mark, or patent, the
Conservancy is granted and shall have a perpetual, royalty-free, nonexclusive and irrevocable
license to use, reproduce, publish, use in the creation of derivative works, and display and
perform the work, or any part of it, and to grant to any third party a comparable and coextensive
sub license.
The grantee shall include in any contract with a third party for work under this agreement terms
that preserve the rights, interests, and obligations created by this section, and that identify the
Conservancy as a third-party beneficiary of those provisions.
The grantee shall not utilize the work produced under this agreement for any profit-making
venture, or sell or grant rights to a third party for that purpose.
In order to acknowledge the Conservancy's support of the project, the Conserva~1cy's name and
logo shall be included in the final report in a prominent location. The grantee shall mention the
Conservancy's suppo1t in its project-related press releases, contacts with the media, and social
media postings, and on its website. The grantee shall acknowledge fonding from GGRF by
using the official CCI logo in compliance with the GGRF Guidelines. The CCI logo shall be
displayed, to the extent possible, at the project site or on other appropriate locations or materials.
In addition to signage, grantee shall acknowledge GGRF funding on announcements, press
releases and publications, as provided in the GGRF Guidelines.
COSTS AND DISBURSEMENTS
When the Conservancy determines that all "CONDITIONS PRECEDENT TO
COMMENCEMENT OF PROJECT AND DISBURSEMENT" have been fully met, the
Conse1vancy shall disburse to the grantee, in accordance with the approved project budget, a
total amount not to exceed the amount of this grant, as follows:
The withholding for this agreement is five percent. The Conservancy shall disburse funds for
costs incurred to date, less five percent, upon the grantee's satisfactory progress under the
approved work program and upon submission of a "Request for Disbursement" form, which shall
be submitted no more frequently than monthly but no less frequently than quarterly. The
Conservancy shall disburse the five percent withheld upon the grantee's satisfactory completion
of the project and compliance with the "PROJECT COMPLETION" section, below, and upon
the Conservancy's acceptance of the project.
May 5, 2020 Item #4 Page 11 of 135
City of Carlsbad
( ,rant Agreement No. 19-093
Page 7
The Conservancy will reimburse the grantee for expenses necessary to the project when
documented by appropriate receipts. The Conservancy will reimburse travel and related
expenses at actual costs not to exceed the rates provided in Title 2, Division 1, Chapter 3,
Subchapter 1, Article 2 of the California Code of Regulations ("CCR"), except that
reimbursement may be in excess of these rates upon documentation that these rates arc not
reasonably available to the grantee. Reimbursement for the cost of operating a private vehicle
shall not, under any circumstance, exceed the current rate specified by the State of California for
unrepresented state employees as of the date the cost is incurred. The Conservancy will
reimburse the grantee for other necessary expenses if those expenses are reasonable in nature and
amount taking into account the nature of the project, its location, and other relevant factors.
The grantee shall request disbursements by filing with the Conservancy a fully executed
"Request for Disbursement" form (available from the Conservancy). The grantee shall include
in the form its name and address, the number of this agreement, the date of the submission, the
amount of the invoice, the period during which the work was actually done, and an itemized
description, including time, materials, and expenses incurred, of all work done for which
disbursement is requested. Hourly rates billed to the Conservancy and specified in the approved
work program budget shall be equal to the actual compensation paid by grantee to employees,
which may include employee benefits. The form shall also indicate cumulative expenditures to
date, expenditures during the reporting period, and the unexpended balance of funds under the
grant agreement.
An authorized representative of the grantee shall sign the form. Each form shall be accompanied
by:
1. All receipts and any other source documents for direct expenditures and costs that the grantee
has incurred.
2. Invoices from contractors that the grantee engaged to complete any portion of the work
funded under this agreement and any receipts and any other source documents for costs
incurred and expenditures by any such contractor, unless the Executive Officer makes a
specific exemption in writing.
3. A supporting progress report summarizing the cwTent status of the work and comparing it to
the status required by the work program (budget, timeline, tasks, etc.), including written
substantiation of completion of the portion of the project for which the grantee is requesting
disbursement.
The grantee's failure to fully execute and submit a Request for Disbursement form, including
attachment of supporting documents, will relieve the Conservancy of its obligation to disburse
funds to the grantee unless and until the grantee corrects all deficiencies.
May 5, 2020 Item #4 Page 12 of 135
City or Carlsbad
< irant Agreement No. 19-093
Page 8
EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET
ITEMS
The total amount of this grant may not be increased except by written amendment to this
agreement. The grantee shall expend funds consistent with the approved project budget.
Expenditure on items contained in the approved project budget, other than overheard and indirect
costs, may vary by as much as ten percent without prior approval by the Executive Officer,
provided that the grantee first submits a revised budget to the Conservancy and requests
disbursement based on the revised budget. Any deviation greater than ten percent, and any
deviation that shifts funds from approved budget items into an overhead or indirect costs
category, must be identified in a revised budget approved in advance and in writing by the
Executive Officer. The Conservancy may withhold payment for items which exceed the amount
allocated in the project budget by more than ten percent and which have not received the
approval required above. Any increase in the funding for any particular budget item shall mean
a decrease in the funding for one or more other budget items unless there is a written amendment
to this agreement.
PROJECT COMPLETION
The grantee shall complete the project by the completion date provided in the "TERM OF
AGREEMENT" section, above. Upon completion of the project, the grantee shall supply the
Conservancy with evidence of completion by submitting the following by the final Request for
Disbursement date set forth in the "TERM OF AGREEMENT" section:
1. The plan and any other work products specified in the work program for the project, each in a
format or formats (for example, paper, digital, photographic) approved by the Executive
Officer.
2. A fully executed final "Request for Disbursement." A "final Request for Disbursement"
means a Request for Disbursement that includes the withheld amounts and all remaining
amounts for which grantee is entitled to seek payment, if any, pursuant to this agreement.
The Conservancy shall detennine whether the grantee has satisfactorily completed the project. If
so, the Conservancy shall issue to the grantee a letter of acceptance of the project. The project
shall be deemed complete as of the date of the letter.
EARLY TERMINATION, SUSPENSION AND FAILURE TO PERFORM
Before the project has commenced, either party may terminate this agreement for any reason by
providing the other party with seven days notice in writing.
May 5, 2020 Item #4 Page 13 of 135
City of Carlsbad
Urant Agreement No. 19-093
Page 9
Before the project is complete, the Conservancy may terminate or suspend this agreement for
any reason by providing the grantee with seven days notice in writing. In either case, the grantee
shall immediately stop work under the agreement and take all reasonable measures to prevent
further costs to the Conservancy. The Conservancy shall be responsible for any reasonable and
11011-cancclable obligations incurred by the grantee in the performance of this agreement prior to
the date of the notice to terminate or suspend, but only up to the undisbursed balance of funding
authorized in this agreement. Any notice suspending work under this agreement shall remain in
effect until further written notice from the Conse1vancy authorizes work to resume.
If the grantee fails to complete the project as required, or fails to fulfill any other obligations of
this agreement prior to the termination date, the grantee shall be liable for immediate repayment
to the Conservancy of all amounts disbursed by the Conservancy under this agreement. The
Conservancy may, at its sole discretion, consider extenuating circumstances and not require
repayment for work partially completed. This paragraph shall not be deemed to limit any other
remedies the Conservancy may have for breach of this agreement.
Before the project is complete, the grantee may terminate this agreement for any reason by
providing the Conservancy with seven days notice in writing and repaying to the Conservancy all
amounts disbursed by the Conservancy under this agreement. The Conservancy may, at its sole
discretion, consider extenuating circumstances and allow early termination without repayment
for work partially completed.
On or before the date of termination of the agreement under this section, whether terminated by
the grantee or the Conservancy, the grantee shall provide the Conservancy with all work,
material, data, information, and written, graphic or other work produced, developed or acquired
under this agreement (whether completed or partial), in appropriate, readily useable form.
The parties expressly agree to waive, release and relinquish the recovery of any consequential
damages that may arise out of the termination or suspension of this agreement under this section.
The grantee shall include in any agreement with any contractor retained for work under this
agreement a provision that entitles the grantee to suspend or terminate the agreement with the
contractor for any reason on written notice and on the same terms and conditions specified in this
section.
INDEMNIFICATION AND HOLD HARMLESS
The grantee shall be responsible for, indemnify and hold harmless the Conservancy, its officers,
agents and employees from any and all liabilities, claims, demands, damages, or costs, including
without limitation litigation costs and attorneys fees, resulting from or arising out of the willful
or negligent acts or omissions of the grantee, its officers, agents, contractors, subcontractors and
employees, or in any way connected with or incident to this agreement, except for the active
May 5, 2020 Item #4 Page 14 of 135
Cily of-Carlsbad
Urant Agreement No. 19-093
Page I 0
negligence of the Conservancy, its officers, agents or employees. The duty of the grantee to
indemnify and hold harmless includes the duty to defend as provided in Civil Code Section
2778. This agreement supersedes any right the grantee may have as a public entity to indemnity
and contribution as provided in Gov. Code Sections 895 ct seq.
The grantee waives any and all rights to any type of express or implied indemnity or right of
contribution from the State, its officers, agents or employees, for any liability resulting from.
growing out ot: or in any way connected with or incident to this agreement.
Nothing in this agreement is intended to create in the public or in any member of it tights as a
third-party beneficiary under this agreement.
INSURANCE
Throughout the term of this agreement, the grantee shall procure and maintain insurance, as
specified in this section, against claims for injuries to persons or damage to property that may
arise from or in connection with any activities by the grantee or its agents, representatives,
employees, or contractors associated with the project undertaken pursuant to this agreement.
As an alternative, with the written approval of the Executive Officer, the grantee may satisfy the
coverage required by this section in whole or in part through: (a) its contractors' procurement
and maintenance of insurance for work under this agreement, if the coverage otherwise fully
satisfies the requirements of this section; or (b) the grantee's participation in a "risk
management" plan, self insurance program or insurance pooling arrangement, or any
combination of these, if consistent with the coverage required by this section.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
a. Insurance Services Office ("ISO") Commercial General Liability coverage, occurrence
basis (Form CG 00 01) or comparable.
b. Automobile Liability coverage -ISO Form Number CA 0001, Code 1 (any auto).
c. Workers' Compensation insurance as required by the Labor Code of the State of
California, and Employer's Liability insurance.
2. Minimum Limits of Insurance. Grantee shall maintain coverage limits no less than:
May 5, 2020 Item #4 Page 15 of 135
Cily of Carlsbac.J
( lrant Agreemenl No. 19-093
Page 11
a. General Liability:
(Including operations, products and
completed operations, as applicable)
b. Automobile Liability:
c. Worker's Compensation and
Employment Liability:
d. Watercraft Liability (for private
vessel) coverage, if required under
l .d., above:
$2,000,000 per occurrence for bodily i,,;ury,
personal injury and property damage. If
Commercial General Liability Insurance or olher
form with a general aggregate limit is used, either
the general aggregate limit shall apply separately
to the activities under this agreement or the
general aggregate limit shall be twice the required
occurrence limit.
$1,000,000 per accident for bodily injury and
property damage.
Worker's compensation as required by law, and
Employer's Liability of no less than $1,000,000
per accident for bodily injury or disease.
In the following amounts:
a. Vessels under 30 ft.: $1,000,000 combined
single limit.
b. Vessels over 30 ft. or vessel involved in
research: $2,000,000 combined single limit.
3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the Executive Officer.
4. Required Provisions Concerning the Conservancy and the State of California.
a. Each insurance policy required by this section shall be endorsed to state that coverage
shall not be canceled by either party, except after thirty days' prior written notice by first
class mail has been given to the Conservancy; or in the event of cancellation of coverage
due to nonpayment, after ten days prior written notice to the Conservancy. The grantee
shall notify the Conservancy within two days of receipt of notice that any required
insurance policy will lapse or be cancelled. At least ten days before an insurance policy
held by the grantee lapses or is cancelled, the grantee shall provide the Conservancy with
evidence of renewal or replacement of the policy.
b. The grantee hereby grants to the State of California, its officers, agents, employees, and
volunteers, a waiver of any right to subrogation which any insurer of the grantee may
acquire against the State of California, its officers, agents, employees, and volunteers, by
virtue of the payment of any loss under such insurance. Grantee agrees to obtain any
endorsement that may be necessary to effect this waiver of subrogation, but this provision
May 5, 2020 Item #4 Page 16 of 135
City of Carlsbad
( irant Agreement No. 19-093
Page 12
applies regard less of whether or not the grantee has received a waiver of subrogation
endorsement from lhc insurer.
c. The general liability and automobile liability policies are to contain, or to be endorsed to
contain, the fi:)llowing provisions:
(i) The State of Califi.)rnia, its officers, agents and employees are to he covered as
additional insureds with respect to liability arising out of automobiles owned, leased,
hired or borrowed by or on behalf of the grantee; and with respect to liability arising
out of work or operations, including completed operations, performed by or on behalf
of the grantee including materials, pm1s or equipment furnished in connection with
such work or operations.
(ii) For any claims related to this agreement, the grantee's insurance coverage shall be
primary insurance with respect to the State of California, its officers, agents and
employees, and not excess to any insurance or self-insurance of the State of
Califbmia.
(iii)Thc limits of the additional insured coverage shall equal the limits of the named
insured coverage regardless of whether the limits of the named insurance coverage
exceed those limits required by this agreement.
d. Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
5. Acceptability of Insurers. Insurance shall be placed with insurers admitted to transact
business in the State of California and having a current Best's rating of "B+: VII" or better or,
in the alternative, acceptable to the Conservancy and approved in writing by the Executive
Officer.
6. Verification of Coverage. The grantee shall furnish the Conservancy with original
certificates and amendatory endorsements, or copies of the applicable policy language,
effecting coverage required by this clause. All certificates and endorsements are to be
received and approved by the Executive Officer before work commences. The Conservancy
reserves the right to require complete, ce11ified copies of a11 required insw-ance policies,
including endorsements affecting the coverage, at any time.
7. Contractors. The grantee shall include all contractors as insureds under its policies or shall
require each contractor to provide and maintain coverage consistent with the requirements of
this section. To the extent generally available, grantee shall also require each professional
contractor to provide and maintain errors and omissions liability insurance appropriate to the
May 5, 2020 Item #4 Page 17 of 135
Cily of Carlsbad
< frant Agn.:cment No. 19-093
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contractor's profession and in a reasonable amount in light of the nature of the project with a
minimum limit of liability of $1,000,000.
8. Premiums and Assessments. The Conservancy is not responsible for premiums and
assessments on any insurance policy.
AUDITS/ ACCOUNTING/RECORDS
The grantee shall maintain financial accounts and records relating to this agreement in
accordance with the guidelines of "Generally Accepted Accounting Principles" ("GAAP")
published by the American Institute of Certified Public Accountants, and maintain any
documents or data collected or reports produced in the course of performing this agreement
(collectively, "records"). The records shall include, without limitation, data or documents
generated in compliance with reporting requirements referenced in the "ADDITIONAL
GRANT CONDITIONS -GGRF FUNDING REQUIREMENTS" section of this agreement, and
shall also include the amount, receipt, deposit, and disbursement of all funds related to the
implementation of the project, and the use, management, operation and maintenance of the real
prope1iy. Time and effort reports are also required. The grantee shall maintain adequate
supporting records in a manner that permits tracing from the request for disbursement forms to
the accounting records and to the supporting documentation.
Additionally, the Conservancy or its agents may review, obtain, and copy all records relating to
performance of the agreement. The grantee shall provide the Conservancy or its agents with any
relevant information requested and shall permit the Conservancy or its agents access to the
grantee's premises upon reasonable notice, during normal business hours, to interview
employees and inspect and copy books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with this
agreement and any applicable laws and regulations.
The grantee shall retain the required records for a minimum of three years following the later of
(1) final disbursement by the Conservancy, (2) the final year to which the particular records
pertain, or (3) the project completion date provided in this agreement. The records shall be
subject to examination and audit by the Conservancy, the Bureau of State Audits, CARB, the
Department of Finance, the Joint Legislative Committee, and other state oversight agencies
during the retention periods.
If the grantee retains any contractors to accomplish any of the work of this agreement, the
grantee shall first enter into an agreement with each contractor requiring the contractor to meet
the terms of this section and to make the terms applicable to all subcontractors.
The Conservancy may disallow all or part of the cost of any activity or action that it determines
to be not in compliance with the requirements of this agreement.
May 5, 2020 Item #4 Page 18 of 135
Cily or Carlsbad
( irant Agrccmcnl No. 19-093
Page 14
COMPUTER SOFTWARE
The graritee certifies that it has instituted and will employ systems and controls appropriate to
ensure that, in the performance of this contract, state funds will not be used for the acquisition,
operation or maintenance of computer soflwarc in violation of copyright laws.
NONDISCRIMINATION
During the performance of this agreement, the grantee and its contractors shall not deny the
agreement's benefits to any person on the basis of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information, marital
status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and
veteran status, nor shall they discriminate unlawfully against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, or military and veteran status. The grantee
shall insure that the evaluation and treatment of employees and applicants for employment are
free of such discrimination. The grantee and contractors shall comply with the provisions of the
Fair Employment and Housing Act (Gov. Code § 12900 et seq.), the regulations promulgated
thereunder (Cal. Code Regs., tit. 2, § 1 1000 et seq.), the provisions of Article 9 .5, Chapter 1, Part
1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the
regulations or standards adopted by the Conservancy to implement such article. The grantee
shall permit access by representatives of the Department of Fair Employment and Housing and
the Conservancy upon reasonable notice at any time during the nonnal business hours, but in no
case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of
information and its facilities as said Department or the Conservancy shall require to ascertain
compliance with this clause. The grantee and its contractors shall give written notice of their
obligations under this clause to labor organizations with which they have a collective bargaining
or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
The grantee shall include the nondiscrimination and compliance provisions of this clause in all
contracts to perform work under this agreement.
AMERICANS WITH DISABILITIES ACT
By signing this agreement, grantee certifies that it is in compliance with the Americans with
Disabilities Act (ADA) of 1990, (42 U.S.C., 12101 et seq.), which prohibits discrimination on
the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the
ADA.
May 5, 2020 Item #4 Page 19 of 135
City of Carlsbad
( iranl Agrccmcnl No. 19-093
Page 15
PREVAILING WAGE
Work done under this grant agreement may be subject to the prevailing wage and other related
requirements or the California Labor Code, Division 2, Part 7, Chapter 1, sections 1720-1861. If
required by law to do so, the grantee shall pay prevailing wage to all persons employed in the
performance or any part of the project and otherwise comply with all associated requirements
and obligations.
The grantee is responsible for determining whether the project is subject to prevailing wage laws,
and for complying with all labor laws applicable to the project. The grantee may also review the
Conservancy publication, fl?f()rmation on Current Status of Prevailing Wage Laws.for State
Coastal Conservancy Grantees (May 2018), available from the Conservancy on request~
provided, that this publication is for grantee's informational purposes only, and shall not be
construed as legal advice to the grantee on whether the grantee's project is subject to prevailing
wage laws.
UNION ORGANIZING
By signing this agreement, grantee hereby acknowledges the applicability of Government Code
Sections 16645 through 16649 to this agreement, and certifies that no state funds disbursed by
this agreement will be used to assist, promote or deter union organizing. If grantee makes
expenditures to assist, promote or deter union organizing, grantee agrees to maintain records
sufficient to show that no state funds, including the funds provided under this agreement, have
been used for these purposes, and shall provide these records to the Attorney General upon
request.
DRUG-FREE WORKPLACE
The grantee's signature on this agreement constitutes the certification required by Government
Code Section 8355 (Drug-Free Workplace Act of 1990), which requires that all state grantees
provide a drug-free workplace by doing all of the following:
( 1) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited in the person's or
organization's workplace and specifying actions that will be taken against employees for
violations of the prohibition.
(2) Establishing a drug-free awareness program to inform employees about all of the following:
May 5, 2020 Item #4 Page 20 of 135
Cily or Carl shad
( iranl Agreement No. 19-093
Page 16
a. The dangers of drug abuse in the workplace.
h. The person's or organization's policy of maintaining a drug-free workplace.
c. Any available drug counseling, rehabilitation, and employee assistance programs.
d. The penalties that may be imposed upon employees for drug abuse violations.
(3) Requiring that each employee engaged in the performance of the grant be given a copy of the
drug-free workplace statement and that, as a condition of employment on the grant, the
employee agrees to abide by the terms of the statement.
INDEPENDENT CAPACITY
The grantee, and the agents and employees of the grantee, in the perfonnance of this agreement,
shall act in an independent capacity and not as officers or employees or agents of the State of
California.
ASSIGNMENT
Without the written consent of the Executive Officer, this agreement is not assignable by the
grantee in whole or in part.
TIMELINESS
Time is of the essence in this agreement.
EXECUTIVE OFFICER'S DESIGNEE
The Executive Officer shall designate a Conservancy project manager who shall have·authority
to act on behalf of the Executive Officer with respect to this agreement. The Executive Officer
shall notify the grantee of the designation in writing.
AMENDMENT
Except as expressly provided in this agreement, no change in this agreement shall be valid unless
made in writing and signed by the pai1ies to the agreement. No oral understanding or agreement
not incorporated in this agreement shall be binding on any of the parties.
May 5, 2020 Item #4 Page 21 of 135
City or Carlsbad
Urant Agreement No. 19-093
Page 17
LOCUS
This agreement is deemed to be entered into in the County or Alameda.
SURVIVAL
The obligations in the "WORK PRODUCTS AND ACKNOWLEDGMENT OF
CONSERVANCY SUPPORT" and "INDEMNIFICATION AND HOLD HARMLESS"
sections, above, shall survive the termination of this agrcemcn_L
May 5, 2020 Item #4 Page 22 of 135
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,;.!. 't L May 5, 2020Item #4 Page 23 of 135
Exhibit 2: December 19.2019 Slaff Recommendation
COASTAL CONSERVANCY
Staff Recommendation
December 19, 2019
CLIMATE READY GRANTS
Project Nos. 19-040-01, 19-041-01, 19-042-01, 19-043-01
Project Manager: Dan Hossfeld and Mary Small
RECOMMENDED ACTION: Authorization to disburse up to $1,595,470 to two nonprofit
organizations and two public agencies for Climate Ready projects that address the effects of
climate change on coastal resources and communities and facilitate reduction of greenhouse
gas emissions.
LOCATION: Various locations in coastal watersheds of California and in the counties of the San
Francisco Bay Area (Exhibit 1).
PROGRAM CATEGORY: Climate Change
EXHIBITS
Exhibit 1: Project Maps
Exhibit 2: Letters of Support
RESOLUTION AND FINDINGS:
Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant
to Sections 31100 et seq. of the Public Resources Code:
"The State Coastal Conservancy hereby authorizes the disbursement of an amount not to
exceed one million five hundred and ninety-five thousand four hundred and seventy dollars
($1,595,470) to two nonprofit organizations and two public agencies for four projects that
address climate change impacts and facilitate the reduction of greenhouse gas (GHG) emissions
as follows:
• County of Marin: Five hundred thousand dollars ($500,000) to acquire private land at
Bucks Landing in Marin County (Marin County's Assessor's Parcel Nos. 186-010-20 and
180-171-11) to create a public shoreline park.
• The Bay Foundation: Two hundred ninety-eight thousand, one hundred and twelve
dollars {$298,112) to restore coastal dune habitat at Manhattan Beach to enhance
habitat and increase sea level rise resiliency in Los Angeles County.
Page 1 of 20
May 5, 2020 Item #4 Page 24 of 135
Exhibit 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
• The City of Carlsbad: Four hundred ninety-eight thousand and seventy-five dollars
($498,075) to plan a managed retreat project for South Ca'rlsbad Boulevard in San Diego
County.
• Los Pefiasquitos Lagoon Foundation: Two hundred ninety-nine thousand two hundred
and eighty-three dollars ($299,283) to plan relocation of parking and public access
facilities at Torrey Pines State Natural Reserve in San Diego County.
Prior to commencement of a non-acquisition project, the grantee shall submit for the review
and written approval of the Executive Officer of the Conservancy (Executive Officer) the
following:
1. A detailed work program, schedule, and budget.
2. Names and qualifications of any contractors to be retained in carrying out the project.
3. A plan for acknowledgement of Conservancy funding.
The Bay Foundation shall also submit the following for the review and written approval of the
Executive Officer prior to commencement of its project:
4. Evidence that all permits and approvals required to implement the project have been
obtained.
5. Evidence that the grantee has entered into agreements sufficient to enable the grantee
to implement, operate, and maintain the project.
Authorization of funding to Marin County for the Bucks Landing acquisition is subject to the
following conditions:
1. Prior to the disbursement of funds for the Bucks Landing acquisition, the grantee shall
submit for the review and approval of the Executive Officer:
• All relevant acquisition documents for the acquisition including, without limitation, the
appraisal, purchase and sale agreement, deed, escrow instructions, environmental or
hazardous materials assessment, and title report; and
• A baseline conditions report
2. The grantee shall pay no more than fair market value for the property, as established in an
appraisal approved by the Executive Officer.
3. The property acquired under this authorization shall be managed and operated for habitat
and park purposes. The property shall be permanently dedicated to those purposes by an
appropriate instrument approved by the Executive Officer.
4. Conservancy funding shall be acknowledged by erecting and maintaining a sign on the
property or in a nearby publicly-viewable area, the design and location of which are to be
approved by the Executive Officer.
Page 2 of 20
May 5, 2020 Item #4 Page 25 of 135
Exhibit 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
In carrying out each project, each grantee shall comply with all applicable requirements
associated with disbursements from the Greenhouse Gas Reduction Fund (GGRF}, including all
requirements set forth in the Air Resources Board's GGRF Funding Guidelines."
Staff further recommends that the Conservancy adopt the following findings:
"Based on the accompanying staff report and attached exhibits, the State Coastal Conservancy
hereby finds that:
1. The proposed authorization is consistent with Section 31113 of Division 21 of the Public
Resources Code, regarding addressing climate change and potential climate change impacts.
The authorization is further consistent with Chapter 4.5 which authorizes the Conservancy
to award grants to projects located in the nine-county San Francisco Bay Area that address
the resource and recreational goals of the San Francisco Bay area, Chapter 5.5 which
authorizes the Conservancy to award grants to improve coastal and marine habitats, and
Chapter 9 which authorizes the Conservancy to award grants to develop, operate, and
manage lands for public access purposes.
2. The proposed projects are consistent with the current Conservancy Project Selection
Criteria and Guidelines.
3. The South Carlsbad Boulevard Climate Adaptation Project funds an accessway that will
serve more than local needs.
4. Each nonprofit organization grantee proposed under this authorization is organized under
section 50l(c)(3) of the U.S. Internal Revenue Code, and each of their purposes are
consistent with Division 21 of the Public Resources Code."
PROJECT SUMMARY:
Staff recommends that the Conservancy authorize disbursement of up to $1,595,470 to two
nonprofits and two public agencies for four projects that increase resilience of coastal
resources and communities to the impacts of sea level rise. These projects are located along the
coast, in coastal watersheds and within the San Francisco Bay Area. The projects were the
highest-ranking projects in the Conservancy's sixth Climate Ready grant round. One additional
project, the Point Pinos Trail Project, is recommended for funding up to $1 million from this
Climate Ready Grant Round, and will be presented in a separate staff recommendation.
This grant round prioritizes projects that include managed retreat, natural shoreline
infrastructure, living shorelines and/or habitat enhancement to increase shoreline resilience to
sea level rise. The Conservancy solicited projects in spring of 2019 and received 11 applications
requesting more than $6.1 million in funding. This sixth round of Climate Ready grants will be
funded by state cap-and-trade proceeds, which are deposited in the Greenhouse Gas Reduction
Fund (GGRF) and administered by the California Air Resources Board (CARB}. These GGRF funds
were appropriated to the Conservancy in 2018 for its Climate Ready Program.
Page 3 of 20
May 5, 2020 Item #4 Page 26 of 135
Exhibit 2: December I 9, 2019 Staff Recommendation
CL/MA TE READY GRANTS ---··--·-··~--------
The Conservancy's Climate Ready Program encourages local governments and non-
governmental organizations to prepare for a changing climate by advancing planning and
implementation of on-the-ground actions that reduce GHG emissions, sequester carbon, or
lessen the future impacts of climate change on California's coastal communities, infrastructure
and natural resources.
In order to meet GGRF's legislative purposes, projects must (1) facilitate the achievement of
reductions of GHG emissions and further the purposes of the Global Warming Solutions Act of
2006 and related statutes, and (2) where feasible, include additional co-benefits, such as
investment in disadvantaged communities and economic, environmental and public health
benefits to the state. In the expenditure plan for these Climate Ready funds, these projects
were determined to facilitate GHG reductions by planning for relocation of development
(managed retreat) and by restoring wetlands and coastal habitats and protecting coastal
development. Projects that increase resilience to rising sea level will reduce future flooding and
associated cleanup and rebuilding, thus facilitating GHG emission reductions.
Two of the recommended projects (Bucks Landing Acquisition, Torrey Pines State Beach Sea-
Level-Rise Adaptation Plan) benefit disadvantaged communities, 1 and include environmental
and public health co-benefits. Conservancy staff's goal in selecting projects to recommend for
funding was that at least 35% of total available GGRF funding be used for projects located in or
benefitting disadvantaged communities. Round 6 has fallen short of this goal as projects that
are located in and benefit disadvantaged communities account for 30% of the total funding
recommended for this round.
Staff recommends funding the following four projects for the sixth round of the Climate Ready
Program. One project is an acquisition of private land with potential for wetland restoration
and managed retreat, one project will implement natural strategies to improve resiliency to sea
level rise, and the remaining two projects will plan for managed retreat at vulnerable coastal
sites. These projects are arranged by latitude from north to south, with a description of the
project type and how it is consistent with the funding purposes. Each individual project
summary includes the grantee; project name; recommended funding amount; geographic
region; and a brief project description.
1For purposes ofGGRF, the terms "disadvantaged communities" and "low income communities," are defined at
Health and Safety Code Sections 39711 and 39713. In this staff report, the term "disadvantaged communities"
encompasses both disadvantaged and low-income communities within the GGRF definitions. Section 39711 calls on
the California Environmental Protection Agency to identify disadvantaged communities for purposes ofGGRF.
Disadvantaged communities are identified by the California Environmental Protection Agency as the top 25% most
impacted census tracts in CalEnviroScreen 3.0. Low-income communities are defined as the census tracts that are
either al or below 80% of the statewide median income, or at or below the threshold designated as low-income by
the California Department of Housing and Community Development's 2016 State Income Limits. For more
information, see: hllps://www.arb.ca.gov/cc/capandtrade/auctionproceeds/communityinvestmcnts.htm.
Page 4 of 20
May 5, 2020 Item #4 Page 27 of 135
County of Marin
Exhibit 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
$500,000
Bucks Landing Acquisition San Francisco Bay Area
Marin County will purchase the property known as "Bucks Landing", San Rafael, Marin County
(Marin County's Assessor's Parcel Nos. 186-010-20 and 180-171-11) depicted in Exhibit 1.
Acquisition of the 32-acre property will allow Marin County to incorporate the property into the
Marin County Park's jurisdiction and create a public park on the shores of the creek that has
access to the shoreline and the creek for water-oriented recreation. The County is also
committed to begin planning for a climate-resilient demonstration project onsite, including
managed retreat and habitat enhancement components. The County has a purchase agreement
with a private landowner for the acquisition in place.
The acquisition of this parcel will facilitate the planning and implementation of a climate-
resiliency demonstration project on a likely highly trafficked Marin County Parks property.
Wetland restoration on site and conservation of natural lands into perpetuity will foster
greenhouse gas emission reductions. Co-benefits of the project include conservation of natural
habitat from development, protection of protected species habitat, and facilitation of public
access to the bay, and community engagement at a demonstration site.
Marin County Parks has identified this site as an opportunity for a climate-resiliency
demonstration project due to its low-lying location along tidally-influenced Gallinas Creek. The
property includes developed lowlands (a boat launch and facilities), native saltmarsh, and
upland open space. The developed lowlands and native saltmarsh areas are likely to be affected
by sea level rise, and have been identified as key components in the managed retreat planning
process.
Proposed Funds
Coastal Conservancy
County of Marin, Measure A
County of Marin, General Fund
Project Total
The Bay Foundation
Manhattan Beach Dune Restoration Project
Page 5 of 20
$500,000
$1,090,000
$9.490
$1,599,490
$298,112
South Coast
May 5, 2020 Item #4 Page 28 of 135
Exhibit 2: December 19, 2019 Stall Recommendation
CL/MA TE READY GRANTS
This project will create an innovative protected dune system at Manhattan Beach in Los Angeles
County. Santa Monica Bay Restoration Foundation (d.b.a. The Bay Foundation) will restore
approximately 3 acres of existing dunes by removal of non-native vegetation, planting of native
vegetation, and installation of fencing and educational features in collaboration with LA County
Department of Beaches and Harbors and the City of Manhattan Beach, the landowner.
Restoration of beach dunes offer a last line of protection from storm surge and sea level rise for
vulnerable infrastructure as found in the Los Angeles County Public Beach Sea-Level Rise
Vulnerability Assessment {LAC-SLRVA). The LAC-SLRVA also found that with no intervention,
Manhattan Beach is expected to erode from 420 feet wide to under 70 feet wide by 2100 due
to sea level rise and storm erosion.
This project offers a nature-based method of sea level rise protection and carbon sequestration
-no heavy equipment or machinery will be operated to accomplish the goals of this project.
Native plantings and restoration will increase the carbon sequestration potential for the dune
system. Public access will not be impacted by this project. The project has potential to provide a
wide array of benefits, including providing habitat for endangered shorebirds and native plants;
sequestering carbon; and protecting homes, roads, and infrastructure against storm surge, sea
level rise, and erosion of Manhattan Beach. This project will incorporate resilient shoreline
design and operate as a demonstration project for the millions of annual visitors to learn about
nature-based solutions to sea level rise through educational and recreational opportunities.
Proposed Funds
Coastal Conservancy
The Bay Foundation
Project Total
$298,112
$38,000
$332,459
LA County Department of Beaches and Harbors and the City of Manhattan Beach will each
provide in-kind labor hours with an estimated value of $3,000.
The City of Carlsbad
The South Carlsbad Boulevard Climate Adaptation Project
$498,075
South Coast
The City of Carlsbad will lead a planning project incorporating managed retreat and long-term
sea level rise adaptation of public infrastructure and coastal resources. South Carlsbad
Boulevard, a section of the Pacific Coast Highway, is a heavily trafficked route along the coast in
Carlsbad, San Diego County. This southbound road is highly vulnerable to flooding and erosion
and has been closed due to storm events.
The proposed project will plan for climate adaptation for this vulnerable stretch of coastal
infrastructure. The project will facilitate greenhouse gas emission reductions through habitat
Page 6 of 20
May 5, 2020 Item #4 Page 29 of 135
Exhibit 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS ·-·-····--····--·····-·-----------------------------
enhancement and development of non-vehicular transit options expected from the planning
process. The project area includes both the City of Carlsbad and State Parks jurisdiction -South
Carlsbad State Beach and Campground.
Past storm events have resulted in the need for extended rock revetments placed under
emergency permits from the California Coastal Commission. The project will include planning
for the retreat of this southbound road by presenting alternatives and a 30% design for the new
roadway which will incorporate non-motorized transportation lanes. The City will also facilitate
a stakeholder process to identify opportunities for use at the site of the road retreat, which is
expected to include public access and recreation as well as ecosystem enhancements. The
Center for Climate Change Impacts and Adaptation (CCCIA) at Scripps Institution of
Oceanography is partnering on the project and will provide advanced localized sea-level rise
predictions and models of cliff and beach retreat.
This project will be a demonstration of a climate adaptation project involving partnership
between scientists, resource managers, and decision-makers. The proposed project will have
multiple benefits for habitat and climate-adaptive infrastructure protection.
Proposed Funds:
Coastal Conservancy $498,075
The City of Carlsbad will provide in-kind staff time with an estimated value of $82,190.
Los Pefiasquitos Lagoon Foundation
Torrey Pines State Beach Sea-Level-Rise Adaptation Plan
$299,283
South Coast
The Los Pefiasquitos Lagoon Foundation in collaboration with California State Parks will lead a
planning project incorporating managed retreat and long-term climate resiliency strategies into
a plan for future public access at Torrey Pines State Natural Reserve. The public access
infrastructure in question along the Pacific Coast Highway in San Diego County is highly
trafficked and already highly vulnerable to repeated flooding and erosion caused by storm
events. These events will increase in frequency and severity due to sea level rise.
The proposed project will plan for relocation of the parking lot in State Parks jurisdiction that is
currently vulnerable to sea level rise, and the public access infrastructure associated with the
lot (restrooms, beach access, interpretive signage). The project will facilitate greenhouse gas
emission reductions through the design of natural shoreline infrastructure to increase climate
resilience, and through the habitat enhancement for Diegan coastal sage scrub and southern
foredunes areas that support special-status species. The parking lot occupies historic tidal
wetland, coastal dune, and coastal sage scrub habitat.
Page 7 of 20
May 5, 2020 Item #4 Page 30 of 135
Exhibit 2: December 19, 2019 Staff Recommendation
CLIMATE READY GRANTS ------------------------------------
Past storm events have resulted in major erosion on the beach access infrastructure, causing
unreliable access for people with disabilities to Torrey Pines State Beach and the California
Coastal Trail. The project will include planning for preserved public access as well as relocation
of the vulnerable infrastructure to a more resilient location.
This project will be a demonstration of a climate adaptation project involving partnership
between non-profits, public agencies, and local stakeholders. Additionally, State Parks is
actively identifying other facilities that must consider retreat, and this project will serve as a
pilot and framework for statewide consideration.
Proposed Funds
Coastal Conservancy $299,283
California State Parks will provide in-kind staff time, volunteer time, and equipment with an
estimated value of $10,000.
Site Description: All of the projects serve a coastal region or coastal watersheds of the state,
and/or are within one of more of the nine counties under the jurisdiction of the San Francisco
Bay Area Conservancy Program. See Exhibit 1 for regional maps depicting the locations of the
projects.
Grantee Qualifications: All grantees have capacity to manage a state grant, qualified staff or
contractors to carry out the project activities, and a record of success completing similar
projects.
Project History: California is already experiencing the impacts of climate change. Temperatures
are becoming warmer; sea levels are rising; heat waves and wildfires are becoming more
frequent and severe; and precipitation patterns are becoming more variable (California's Fourth
Climate Assessment, 2018). These impacts are projected to become more severe over the next
century, and they will disproportionately affect vulnerable communities that already
experience social, racial, health, and economic inequities (Safeguarding California, 2018).
In recognition of the urgent need to help local governments, ports and non-governmental
organizations prepare for a changing climate, SB 1066 (Lieu) was signed in 2012, giving the
Conservancy explicit authority to address the impacts and potential impacts of climate change
on resources within the Conservancy's jurisdiction. This legislation enables the Conservancy to
award grants for projects that reduce GHG emissions or address extreme weather events, sea
level rise, storm surge, beach and bluff erosion, salt water intrusion, flooding, and other
hazards that threaten ports, harbors, coastal communities, infrastructure and natural
resources. The Conservancy established its Climate Ready program to address the climate
change impacts identified in SB 1066, and give priority to climate change mitigation and
adaptation projects that maximize public benefits.
Page 8 of 20
May 5, 2020 Item #4 Page 31 of 135
Exhibit 2: Dci;cmbcl' 19.2019 Staff Rcwmmcndation
CLIMATE READY GRANTS ---------------------·-------
The Conservancy has held five prior rounds of Climate Ready Grants since 2013. Since 2013, the
Conservancy has received proposals requesting approximately $50 million in Conservancy
funds. The Conservancy has funded 57 projects totaling approximately $11 million in
Conservancy funds. Past funded projects include sea level rise planning, urban greening, carbon
farming and natural shoreline infrastructure planning and implementation projects.
This sixth round of Climate Ready grants was made possible by an appropriation of GGRF for
the Climate Ready program. The solicitation was released on April 25, 2019. The focus of the
sixth round of grants was q11 projects that plan or implement managed retreat projects for
public infrastructure or that plan or implement natural infrastructure projects. The Conservancy
received 11 applications requesting over $6.1 million. Of these, five are recommended for
funding under this grant round, one of which is described in a separate staff recommendation
for the Conservancy's December 19, 2019 meeting. The recommendation to fund the other 4
highly ranked projects for a total of $1,595,470 is based on funding availability and
prioritization of projects using the Conservancy's Climate Ready criteria and CARB's Funding
Guidelines.
PROJECT FINANCING
Coastal Conservancy
Other Funding
Project Total
$1,595,470
$1,399,510
$2,994,980
This sixth round of Climate Ready grants is funded by a 2018 appropriation of GGRF funds. The
Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act (Health
and Safety Code (HSC) Sections 39710 -39723) requires that GGRF funds be used to (1)
facilitate the achievement of reductions of GHG emissions consistent with the Global Warming
Solutions Act of 2006 (HSC Sections 38500 et seq), and (2) to the extent feasible, achieve other
co-benefits, such as maximizing economic, environmental and public health benefits, directing
investment to disadvantaged communities, and lessening the impacts of climate change on the
state's communities, economy, and environment. (HSC 39712(b)). The Global Warming
Solutions Act of 2006 sets forth (among other things) certain GGRF funding priorities (HSC
Section 38590.1).
Page 9 of 20
May 5, 2020 Item #4 Page 32 of 135
Exhibit 2: December 19, 2019 Staff Recommendation
CLIMATE READY GRANTS -----------------------------------------------------------
Bucks Landing Acquisition
The Bucks landing Acquisition is consistent with the requirements for use of GGRF funds
because this project facilitates the reduction of GHG emissions associated with land and natural
resource conservation and management (HSC Section 39712(c}(3)). In addition, the project will
lessen the impacts and effects of climate change on the state's communities and environment
(HSC Section 39172(b)(6)).
This project is consistent with GGRF funding priorities in the Global Warming Solutions Act of
-----2006 by employing di mate adaptation andresiliency·str-ategies-(HSE-5eetion 38590;-l(a)(6)).-----
Manhattan Beach Dune Restoration Project
The Manhattan Beach project is consistent with the requirements for use of GGRF funds
because the project facilitates the reduction of GHG emissions associated with natural resource
conservation and management (HSC Section 39712(c)(3)). It also supports programs
implemented by a nonprofit organization coordinating with a local government (HSC Section
39712(c)(6)), supports the research, development, and deployment of innovative measures and
practices (HSC Section 39172(c)(7)), and will lessen the effects of climate change on the state's
communities, economy and environment (HSC Section 39172(b)(6)).
The project is consistent with GGRF funding priorities by implementing climate adaptation and
resiliency strategies (HSC Section 38590.l(a)(G)).
The South Carlsbad Boulevard Climate Adaptation Project
The South Carlsbad project is consistent with the requirements for use of GGRF funds because
the project facilitates the reduction of GHG emissions associated with natural resource
conservation and management (HSC Section 39712(c)(3)). It also supports programs
implemented by a local agency coordinating with a local government (HSC Section 39712(c)(6))
and supports the research, development, and deployment of innovative measures and
practices (HSC Section 39172(c)(7)), and will lessen the effects of climate change on the state's
communities, economy and environment (HSC Section 39172(b)(6)).
The project is consistent with GGRF funding priorities by planning climate adaptation and
resiliency strategies (HSC Section 38590.l(a}(6)).
Torrey Pines State Beach Sea-Level-Rise Adaptation Plan
The Torrey Pines State Preserve project is consistent with the requirements for use of GGRF
funds because the project facilitates the reduction of GHG emissions associated with natural
resource conservation and management (HSC Section 39712(c)(3)). It also supports the
research, development, and deployment of innovative measures and practices (HSC Section
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Exhibit 2: December 19, 2019 Slaff Recommendation
CL/MA TE READY GRANTS -----------------------------•------------------------------
39172(c)(7)) and will lessen the effects of climate change on the state's communities, economy
and environment (HSC Section 39172(b)(6)}.
The project is consistent with GGRF funding priorities by planning climate adaptation and
resiliency strategies (HSC Section 38590.l(a)(6)).
GGRF Investment Plan
Pursuant to HSC Section 39716, this round of Climate Ready grants is consistent with the Third
GGRF Investment Plan: Fiscal Years 2019-2022 (Investment Plan), which sets GGRF's funding
goals. The current Investment Plan prioritizes GGRF funding for natural resources, urban
greening, climate adaptation and resiliency, and climate research (Investment Plan, pgs. 19-25).
Pursuant to the Investment Plan, this round of Climate Ready grants is also consistent with the
state's climate goals, which include improving equity, achieving environmental justice,
supporting capacity building, and increasing community engagement {Investment Plan, pgs. 4-
13).
GGRF Funding Guidelines
CARB is directed by the state legislature to administer the GGRF funds and to develop funding
guidelines to implement the GGRF statutory regime (HSC Section 39715). Consistent with the
CARB 2018 Funding Guidelines, this round of Climate Ready grants meets the following
required guiding principles for GGRF programs:
• Facilitate GHG emission reductions and further the purposes of AB 32 and related
statutes
• Target investments in and benefiting priority populations, with a focus on maximizing
disadvantaged community benefits
• Maximize economic, environmental, and public health co-benefits to the State
• Foster job creation and job training, wherever possible
• Avoid potential substantial burdens to disadvantaged communities and low-income
communities
• Ensure transparency and accountability and provide public access to program
information.
Consistent with the Funding Guidelines, this round of Climate ready grants also meets the
following recommended guiding principles for GGRF programs:
• Encourage projects that contribute to other State climate goals
• Coordinate investments and leverage funds where possible to provide multiple benefits
and to maximize benefits.
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Exhibit 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION:
All of the recommended projects would be undertaken pursuant to Section 31113 of Chapter 3
of Division 21 of the Public Resources Code, which authorizes the Conservancy to address the
impacts and potential impacts of climate change on resources within the Conservancy's
jurisdiction (Section 31113(a)).
Pursuant to Section 31113(b), the Conservancy is authorized to award grants to nonprofit
organizations and public agencies to undertake projects that include reducing greenhouse gas
emissions, and addressing extreme weather events, sea level rise, flooding, and other coastal
hazards that threaten coastal communities, infrastructure, and natural resources. Consistent
with this section, the proposed authorization awards grants to nonprofit organizations and
public agencies to undertake the projects described in the "Project Summary" section, which
maximize public benefits by facilitating the reduction of greenhouse gas emissions, reducing
coastal hazards due to sea level rise, enhancing coastal wetlands and natural lands, and
conserving biodiversity.
Bucks Landing Acquisition
The Bucks Landing Acquisition project would also be undertaken pursuant to Chapter 4.5 of
Division 21 of the Public Resources Code, Sections 31160-31165, which authorizes the
Conservancy to award grants to projects located in the nine-county San Francisco Bay Area that
address the resource and recreational goals of the San Francisco Bay area. The project is
consistent with Section 31162(b), which sets the goal of protection, restoration, and
enhancement of natural habitats and connecting corridors, watersheds, scenic areas, and other
open-space resources of regional importance. The project is considered a priority for the San
Francisco Bay Area Conservancy Program consistent with Section 31163(c), as the project
provides for opportunities for benefits that could be lost if the project is not quickly
implemented, and substantial matching funds support the acquisition. The project will preserve
32 acres of habitat, facilitate creation of a new park and public access site, and provide a
location for a future San Francisco Bay Water Trail site.
Manhattan Beach Dune Restoration
The Manhattan Beach Dune Restoration Project would also be undertaken pursuant to Chapter
5.5 of Division 21 of the Public Resources Code, Section 31220, which authorizes the
Conservancy to award grants to improve coastal and marine habitats as follows:
Pursuant to Section 31220(6)(2), the Conservancy may undertake projects to protect and
restore coastal habitats if the project "protects or restores fish and wildlife habitat within
coastal and marine waters and coastal watersheds." Consistent with this section, the proposed
project will implement restoration and enhancement of coastal dune habitat for wildlife,
including listed species.
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Exhibit 2: December 19, 20 l 9 Staff Recommendation
CL/MA TE READY GRANTS
Pursuant to Section 31220(b)(4), the·Conservancy may award grants to protect and restore
coastal habitats if the project "contributes to the reestablishment of natural erosion and
sediment cycles." Consistent with this section, the proposed project will restore coastal sand
dune habitat and foster the reestablishment of sediment cycles on Manhattan Beach.
Section 31220(c) states that "projects funded pursuant to this section shall include a monitoring
and evaluation component." The proposed project will include post-restoration monitoring to
assess restoration success and identify needs for maintenance and adaptive management.
Consistent with section 31220(a), the Conservancy consulted with the State Water Resources
Control Board in the development of this grant to ensure consistency the Water Quality Control
Plan for the Los Angeles Region (Basin Plan). In addition, the project is consistent with the
Greater Los Angeles County Integrated Regional Water Management Plan (GLAC IRWM) by
addressing three objectives identified in the plan; enhancing habitat, reducing flood risk, and
addressing climate change. The project is also consistent with the GLAC IRWM South Bay
Subregional Plan due to the restoration of native habitat.
South Carlsbad Boulevard Climate Adaptation and Torrey Pines State Beach Sea-Level-Rise
Adaptation
The South Carlsbad Boulevard Climate Adaptation Project and the Torrey Pines State Beach
Sea-Level-Rise Adaptation Plan would also be undertaken pursuant to Chapter 9 of Division 21
of the Public Resources Code, Section 31400.1, which authorizes the Conservancy to award
grants to develop, operate, and manage lands for public access purposes to and along the
coast.
Section 31400 states the Legislature's intent that the Conservancy play a principal role in the
implementation of a system of public accessways to and along the state's coastline. Both
proposed projects listed above will be funded by the Conservancy to implement public access
objectives, as more specifically described in the Access Program Standards below.
Section 31400.2 states that the Conservancy may determine the amount of funding for coastal
public accessway projects dependent on factors prescribed by the Conservancy in order to carry
out the provisions of the division, and the Conservancy may fund the total cost of initial
development of public accessways by non-profit organizations.
Section 31400.3 authorizes the Conservancy to provide such assistance as is required to aid
public agencies and nonprofit organizations in establishing a system of public coastal
accessways, and related functions necessary to meet the objectives of this division. Both
proposed projects listed above are consistent with these sections as the projects will include
alternatives for public access at each site into the future while incorporating sea level rise
projections.
In addition, Torrey Pines State Beach Sea-Level-Rise Adaptation Plan would be undertaken
pursuant to Chapter 9, Section 31408 which states that the Conservancy shall work with
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Exhibit 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
relevant public agencies and departments to plan and implement projects supporting
completion of the California Coastal Trail.
CONSISTENCY WITH CONSERVANCY'S ACCESS PROGRAM STANDARDS:
Standard No. 1, Protect Public and Coastal Resources: The South Carlsbad Boulevard Climate
Adaptation Project and the Torrey Pines State Beach Sea-Level-Rise Adaptation Plan will plan
for the protection of public access in future sea level rise scenarios.
Standard No. 2, Correct Hazards: The South Carlsbad Boulf:!vard Climate Adaptation Project and
the Torrey Pines State Beach Sea-Level-Rise Adaptation Plan will prepare plans for highly-used
sites to minimize the future hazard of flooding from sea level rise.
CONSISTENCY WITH CONSERVANCY'S 2018-2022 STRATEGIC PLAN
GOAL(S) & OBJECTIVE(S):
The four projects proposed for funding assist the Conservancy in meeting a number of its
Strategic Plan Goals and Objectives. Relevant Goals and Objectives are listed below each of the
proposed projects. Please see the "Project Summary" section, above, for how each proposed
project meets the relevant goal(s) and objective(s).
All projects were selected to advance Goal 8 of the Conservancy's Strategic Plan, to enhance
the resilience of coastal communities and ecosystems to the impacts of climate change.
Bucks Landing Acquisition
Bucks Landing Acquisition is consistent with Goal 8, Objective C, which seeks to implement
projects to increase resilience to sea level rise and other climate change impacts. Acquisition
and subsequent park creation onsite will increase the coastal resiliency of the nearby
community. The project is further consistent with Goal 2, Objective G, which seeks to acquire
land to allow for development of new coastal accessways. The site will be converted to a
County park, and will be a future site for the San Francisco Bay Water Trail. The project is
further consistent with Goal 6, Objective D, which seeks to implement projects that preserve
and enhance coastal watersheds and floodplains. The acquisition will preserve 32 acres of a
coastal watershed. The project is additionally consistent with Goal 12, Objective A, which seeks
to protect tidal wetlands, riparian habitat, and subtidal habitat. The project is further consistent
with Goal 13, Objective C, which seeks to complete acquisition projects that increase amount
of land accessible to the public. The project is further consistent with Goal 16, Objective B,
which seeks to increase the resilience to climate change impacts of communities along the
coast of California or in the San Francisco Bay Area that lack capacity due to systemic inequities.
The acquisition is within a Low-Income Community as defined by AB 1550.
Manhattan Beach Dune Restoration
Manhattan Beach Dune Restoration is consistent with Goal 8, Objective C, which seeks to
implement projects to increase resilience to sea level rise and other climate change impacts.
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Exhibil 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
Dune restoration will contribute to flood protection and carbon sequestration. The project is
also consistent with Goal 6, Objective B, which seeks to restore or enhance coastal habitats,
including coastal wetlands and intertidal areas, stream corridors, dunes, coastal sage scrub,_
coastal terraces, forests, and coastal prairie. The project will restore approximately 3 acres of
coastal dune habitat. It is further consistent with Goal 6, Objective D, which seeks to
implement projects that preserve and enhance coastal watersheds and floodplains.
The South Carlsbad Boulevard Climate Adaptation Project
The project is consistent with Goal 8, Objective 8, which seeks to plan and design adaptation
projects to increase resilience to sea level rise and other climate change impacts. The project is
further consistent with Goal 6, Objective A, which seeks to develop plans for the restoration
and enhancement of coastal habitats, including coastal wetlands and intertidal areas, stream
corridors, dunes, coastal terraces, coastal sage scrub, forests, and coastal prairie.
Torrey Pines State Beach Sea-Level-Rise Adaptation Plan
The project is consistent with Goal 8, Objective B, which seeks to plan and design adaptation
projects to increase resilience to sea level rise and other climate change impacts. The project is
further consistent with Goal 2, Objective A, which seeks to enhance opportunities for access
for people with disabilities along the coast. The project is further consistent with Goal 6,
Objective A, which seeks to develop plans for the restoration and enhancement of coastal
habitats, including coastal wetlands and intertidal areas, stream corridors, dunes, coastal
terraces, coastal sage scrub, forests, and coastal prairie. The project is additionally consistent
with Goal 6, Objective C, which seeks to develop plans to preserve and enhance coastal
watersheds and floodplains. The project is also consistent with Goal 16, Objective B, which
seeks to increase the resilience to climate change impacts of communities along the coast of
California or in the San Francisco Bay Area that lack capacity due to systemic inequities.
CONSISTENCY WITH CONSERVANCY'S
PROJECT SELECTION CRITERIA & GUIDELINES:
The proposed project is consistent with the Conservancy's Project Selection Criteria and
Guidelines, last updated on October 2, 2014, in the following respects:
Required Criteria
1. Promotion of the Conservancy's statutory programs and purposes: See the "Consistency
with Conservancy's Enabling Legislation" section above.
2. Consistency with purposes of the funding source: See the "Project Financing" section
above.
3. Promotion and implementation of state plans and policies: All projects are consistent with
the 2018 Update to the Safeguarding California Plan (California Natural Resources Agency),
which seeks to "actively engage, educate, learn from, and partner with communities to
enable early, continuous, and meaningful participation in adaptation initiatives." (Goal 1, p.
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May 5, 2020 Item #4 Page 38 of 135
Exhibit 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
33) and to "support planning and adaptation to reduce hazards and to increase the
resilience of coastal communities, infrastructure, development, and other resources" (O-1,
p. 172). Safeguarding California also calls for support for managed retreat strategies and
projects (p.282). All of the proposed projects are also consistent with the 2015 A Strategy
for California@ 50 Million: The Environmental Goals and Policy Report (Governor's Office of
Planning and Research), which seeks to "prioritize GHG emission reduction actions that
provide climate resilience benefits, especially in the natural resource sector" (p.26). All
projects are consistent with the 2018 Update to the Sea Level Rise Policy Guidance
(California Coastal Commission), which provides "an overview of the best available science
on sea level rise for California and recommended methodology for addressing sea level rise
in Coastal Commission pla~ning and regulatory actions". The Guidance gives priority to
projects that incorporate nature-based approaches and managed retreat (p.124).
a. Bucks Landing Acquisition
i. This project is consistent with the 2018 Update to the Safeguarding
California Plan, which seeks to promote mitigation and adaptation strategies
with public health and equity benefits (P-3, p. 99); and increase restoration
and enhancement activities to increase climate resiliency of natural lands (B-
3, p.142).
ii. This project is also consistent with the 2015 A Strategy for California @ 50
Million: The Environmental Goals and Policy Report, which seeks to "build
resilience into natural systems and prioritize natural and green
infrastructure solutions", as "well-maintained watersheds and floodplains
can lessen flood risks resulting from variations in stream flow and timing of
runoff." (p. 23). The report further seeks to "support landscape-scale
approaches to conservation and mitigation that account for multiple
benefits" (p.22).
iii. This project is also consistent with the 2016 California Water Action Plan,
which seeks to restore coastal watersheds (p.12).
b. Manhattan Beach Dune Restoration
i. This project is consistent with the 2018 Update to the Safeguarding
California Plan, which seeks to design and implement nature-based projects
to protect and enhance the adaptive capacity of coastal and marine
ecosystems (0-2, p.175); increase restoration and enhancement activities to
increase climate resiliency of natural lands (B-3, p.142); educate, empower,
and engage Californians to reduce vulnerabilities to climate change through
mitigation and adaptation (P-2, p. 96); and promote mitigation and
adaptation strategies with public health and equity benefits (P-3, p. 99).
ii. This project is also consistent with the 2015 A Strategy for California @ 50
Million: The Environmental Goals and Policy Report, which seeks to "build
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May 5, 2020 Item #4 Page 39 of 135
Exhibit 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
resilience into natural systems and prioritize natural and green
infrastructure solutions" (p. 23). The report further seeks to "support
landscape-scale approaches to conservation and mitigation that account for
multiple benefits" (p.22).
iii. This project is also consistent with the 2016 California Water Action Plan,
which seeks to restore coastal watersheds (p.12); and encourage flood
projects that plan for climate change and achieve multiple benefits (p. 19).
c. The South Carlsbad Boulevard Climate Adaptation Project
i. This project is consistent with the 2018 Update to the Safeguarding
California Plan, which seeks to promote community resilience and health
equity by improving underlying environmental and living conditions {P-1,
p.93); promote mitigation and adaptation strategies with public health and
equity benefits (P-3, p. 99); and increase restoration and enhancement
activities to increase climate resiliency of natural lands (B-3, p.142). The
project plans the retreat of Carlsbad Boulevard, a strategy supported by the
plan (p.282).
ii. This project is also consistent with the 2015 A Strategy for California@ 50
Million: The Environmental Goals and Policy Report, which seeks to "support
landscape-scale approaches to conservation and mitigation that account for
multiple benefits" (p.22).
iii. This project is also consistent with the 2016 California Water Action Plan,
which seeks to restore coastal watersheds (p.12); and encourage flood
projects that plan for climate change and achieve multiple benefits (p. 19).
d. Torrey Pines State Beach Sea-Level-Rise Adaptation Plan
i. This project is consistent with the 2018 Update to the Safeguarding
California Plan, which seeks to promote community resilience and health
equity by improving underlying environmental and living conditions (P-1,
p.93); promote mitigation and adaptation strategies with public health and
equity benefits (P-3, p. 99); and increase restoration and enhancement
activities to increase climate resiliency of natural lands (B-3, p.142). The
project plans the retreat of facilities at Torrey Pines, a strategy supported by
the plan (p.282).
ii. This project is also consistent with the 2015 A Strategy for California @ 50
Million: The Environmental Goals and Policy Report, which seeks to "build
resilience into natural systems and prioritize natural and green
infrastructure solutions", as "well-maintained watersheds and floodplains
can lessen flood risks resulting from variations in stream flow and timing of
runoff." (p. 23). The report further seeks to "support landscape-scale
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May 5, 2020 Item #4 Page 40 of 135
Exhibit 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
approaches to conservation and mitigation that account for multiple
benefits" (p.22).
iii. This project is also consistent with the 2016 California Water Action Plan,
which seeks to restore coastal watersheds (p.12); and encourage flood
projects that plan for climate change and achieve multiple benefits (p. 19).
4. Support of the public: As indicated by the support letters provided in Exhibit 2, the suite of
proposed projects are supported by elected officials, numerous community and nonprofit
organizations, and local agencies.
5. Location: All of the projects are located either within a coastal watershed or the nine-
county San Francisco Bay region.
6. Need: Without Conservancy funding, the proposed projects would either not proceed or
would have to be scaled back.
7. Greater-than-local interest: The projects to be funded by this authorization will improve
resiliency, public access, and recreation throughout the coastal regions of the state and the
San Francisco Bay Area. Over the next century the California coastal region will experience
more severe impacts from the combined effects of sea level rise, higher air and water
temperatures, altered precipitation patterns, salinity changes, ocean acidification, more
severe El Nino climate events, increased storm frequency and intensity, higher coastal
erosion rates, saltwater intrusion, and greater fire intensity and frequency. These impacts
will in turn increase vulnerabilities of our coastal infrastructure, public health and safety,
and our natural resources which support our economy and a vast number of other services.
They will have wide-ranging implications for coastal and inland communities alike.
8. Sea level rise vulnerability: All four Climate Ready projects address the impacts of sea-level
rise directly as a project goal. All projects will complete crucial planning steps for protection
against sea level rise by providing shoreline and sediment stabilization, retreat of
infrastructure, or acquisition of lands to be used as a sea level rise demonstration project.
9. Urgency: The longer we wait to adapt to climate change, the greater the future costs and
losses will be (California's Coast and Ocean Summary Report, Fourth Climate Change
Assessment, 2018). Retreat is the safest, most predictable, and most cost-effective strategy
at many locations along California's coast. Coastal marshes and other living shorelines that
are restored today will be more resilient as sea level rises, thereby maintaining the flood
protection and ecological benefits they provide. It is therefore urgent that we act now to
protect our coastal communities and economy as well as our natural resources, public
health, and agricultural resources.
10. Resolution of more than one issue: The projects recommended for funding are multi-
benefit projects that use nature-based solutions to increase resilience to climate change
impacts. They will provide both climate mitigation and adaptation while also helping to
Page 18 of 20
May 5, 2020 Item #4 Page 41 of 135
Exhibit 2: December 19, 2019 Staff Recommendation
CLIMATE READY GRANTS --------------------------------·-·----·-·-··-·-----···
achieve a suite of other benefits such as sea level rise resiliency, habitat enhancement, and
traffic reduction.
11. Leverage: See the "Project Financing" section above.
12. Innovation: All four proposed projects incorporate an innovative approach to increasing
resiliency to sea level rise at sites available for public interaction and education.
13. Readiness: All four projects described in the "Project Summary'' section above are ready to
implement and complete within one to five years.
14. Realization of prior Conservancy goals: See the "Project History" section above.
15. Return to Conservancy: See the "Project Financing" section above.
16. Cooperation: The Climate Ready projects are intended to foster cooperation across multiple
regional and political boundaries to address the impacts of climate change. To achieve this
goal multiple nonprofit organizations and federal, state, and local agencies are involved in
project implementation.
17. Vulnerability from climate change impacts other than sea level rise: All of the proposed
projects are focused on climate change adaptation or mitigation, and their goal is to
increase resilience of the project area to projected climate change impacts. All of the
proposed projects have thus taken vulnerabilities from other climate change impacts, other
than sea level rise, into consideration throughout the design of the project.
18. Minimization of greenhouse gas emissions: All of the proposed projects will facilitate the
reduction of GHG emissions. Please see the "Project Summary" section above.
CEQA COMPLIANCE:
Bucks Landing Acquisition
The project is categorically exempt from environmental review under the California
Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines at 14 Cal. Code of Reg.
Sections 15313(a), 15325 and 15316, which exempt acquisitions of property for purposes of:
preserving fish and wildlife habitat; preserving the natural conditiol"!s of the property, including
plant and animal habitats and its open spaces; and transfer of land to establish a park. The
proposed project will preserve the existing natural conditions and habitats of the property, and
the management plan for the park has not been developed by Marin County Parks.
An anticipated future use of the property is as an access point to Gallinas Creek and the San
Pablo Bay through the property. These activities will be evaluated for their potential
environmental effect when Marin County creates a plan for the property. Those activities are
not funded, approved or adopted through this authorization.
Upon approval of the project, Conservancy staff will file a Notice of Exemption.
Page 19 of 20
May 5, 2020 Item #4 Page 42 of 135
Exhibit 2: December 19, 2019 Staff Recommendation
CLIMATE READY GRANTS
Manhattan Beach Dune Restoration Project
The proposed project is categorically exempt from CEQA review under CEQA Guidelines Section
15333 as a small habitat restoration project of less than five acres that assures the
maintenance, restoration, enhancement, or protection of habitat for fish, plants, or wildlife.
This project consists of the utilization of existing sediments to passively restore and transform
approximately 3 acres of sandy beach habitat into a sustainable coastal strand and dune habitat
complex. The project does not involve moving any sediment to or from outside of the project
site, and will only involve hand labor without the use of mechanical tools. There are no rare or
endangered species located at the project site; accordingly, consistent with CEQA Guidelines
Section 15333(a), there would be no significant adverse impact on endangered, rare or
threatened species or their habitat. Consistent with CEQA Guidelines Section 15333(b), there
are no hazardous materials at or around the project site that would be disturbed or moved.
Finally, this project is a stand-alone project, and consistent with CEQA Guidelines Section
15333(c), will not result in impacts that are significant when viewed in connection with the
effects of past projects, the effects of other current projects, and the effects of probable future
projects. The project would result in a beneficial impact on wildlife.
Upon approval, staff will file a Notice of Exemption that this proposed project is exempt from
CEQA.
The South Carlsbad Boulevard Climate Adaptation Project
The proposed project is statutorily exempt from review under CEQA pursuant to CEQA
Guidelines Section 15262, which exempts planning and feasibility studies for possible future
actions which have not been approved, adopted or funded. The project involves only (1) the
completion of the conceptual and technical designs, and (2) assessment of information needed
for environmental review for possible future actions that the Conservancy has not approved,
adopted, or: funded.
Upon approval, staff will file a Notice of Exemption that this proposed project is exempt from
CEQA.
Torrey Pines State Beach Sea-Level-Rise Adaptation Plan
The proposed project is statutorily exempt from review under CEQA pursuant to CEQA
Guidelines Section 15262, which exempts planning and feasibility studies for possible future
actions which have not been approved, adopted or funded. The project involves only (1) the
completion of the conceptual and technical designs, and (2) assessment of information needed
for environmental review for possible future actions that the Conservancy has not approved,
adopted, or funded.
Upon approval, staff will file a Notice of Exemption that this proposed project is exempt from
CEQA.
Page 20 of 20
May 5, 2020 Item #4 Page 43 of 135
RESEARCH AGREEMENT, No. 21428-20195252
This Agreement is made by and between City of Carlsbad ("City") with offices at 1635 Faraday Ave.,
Carlsbad, California 92008-7314, and The Regents of the University of California, a California
Corporation having its principal office at 1111 Franklin Street, 5th floor, Oakland, California 94607-
5200, on behalf of Scripps Institution of Oceanography at the University of California, San Diego
campus ("UCSD") located at 9500 Gilman Drive, La Jolla, California 92093-0210. City and UCSD
shall each be referred to as a "Party" or, collectively, as "Parties".
WHEREAS, it is in the mutual interest of City and University that research be conducted on a project
entitled "The South Carlsbad Boulevard Climate Adaptation Project" ("Research Program");
WHEREAS, City desires to financially support said Research Program at University;
NOW, THEREFORE, the parties agree as follows:
1 RESEARCH PROGRAM DESCRIPTORS
Principal Investigator: Mark A. Merrifield
Agreement Type: Cost-Reimbursement
Agreement Number: 21428-20195252
Begin Date: April 17, 2020
End Date: March 31, 2023
Total Funded Amount (currently obligated amount): $233,074.00
2 DEFINITIONS
2.1 Research Program. Research Program means the research to be performed as set forth in
Exhibit A.
2.2 Confidential Information. All documents, information, materials and data provided by one
Party to the other and marked as such shall be considered confidential information
("Confidential Information") except as follows. Confidential Information of a Party shall not
include any information that: i) is already known by or available to the receiving Party without
a confidentiality obligation; ii) is publicly known or available from other sources who are not
under a confidentiality obligation to the source of the information; iii) has been made available
by its owners to others without a confidentiality obligation; iv) is independently developed by
or on behalf of the other Party without reference or access to Confidential Information; or v)
relates to potential hazards or cautionary warnings associated with the performance of this
Research Program/Statement of Work, or is required to be disclosed under operation of law.
2.3 Principal Investigator or Co Principal Investigator (Pl). The research is to be conducted by
University under the direction of the PI identified in paragraph 1 who will be responsible for
the direction of the Research Program, including all budgeting and revisions to the Budget, in
accordance with applicable University policies.
2.4 Technology. Technology means all tangible materials, inventions, works of authorship,
software, information, and data conceived and developed in the performance of the Research
Program and funded under this Agreement.
2.5 Period of Performance. The Research Program Period of Performance includes the Start Date
and the End Date and the time in between.
May 5, 2020 Item #4 Page 44 of 135
3 RESEARCH PROGRAM -The Research Program shall be conducted in accordance with the
Research Proposal UCSD 20195252 (Exhibit A) attached hereto and incorporated into this
Agreement by this reference solely for the purpose of describing the scope of work to be
performed under this Agreement. The Research Program shall be carried out during the Period
of Performance unless sooner terminated as herein provided.
4 BUDGET -City shall support the Research Program by an award of $233,074.00 U.S. Dollars.
The award amount shall cover all direct and indirect costs of the Research Program, as set forth
in the Budget attached to the Research Proposal. If at any time University has reason to believe
that the cost of the Research Program will be greater than the amount budgeted, University shall
notify City in writing to that effect, providing a revised budget of the cost of completion of the
Research Program. City shall not be obligated to reimburse University for the costs incurred in
excess of the Total Funded Amount and until City has notified University in writing that the
revised budget is accepted. UCSD has the authority to rebudget Costs from time to time, at the
discretion of the PI, as long as the rebudgeting is consistent with the goals of the Research
Program. Upon expenditure of the accepted budget amount, University's obligation to continue
performance of the Research Program shall cease. If the Research Program period is more than
one year, the balance of any funds remaining at the end of any Research Program year can be
carried over to subsequent years during the period of the Agreement to support the Research
Program. At the end of the Research Program, if there is a balance owed to City of $100 or less,
UCSD may keep the balance. Any amounts over $ 100 will be returned to City unless the parties
agree otherwise. UCSD will provide its customary final financial report upon City's written
request.
5 TAXES. UCSD is a nonprofit 501(c) (3) corporation. City agrees that if this Agreement is
subject to taxation by any governmental authority, City will pay these taxes in full. UCSD will
have no liability for the payment of these taxes.
6 SCIENTIFIC RESEARCH.
6.1 No Guarantee. City acknowledges that the Research Program is a scientific undertaking and, ·
consequently, UCSD will not guarantee any particular outcome or specific yield.
6.2 No Warranties. UCSD provides City the rights granted in this Agreement AS IS and WITH
ALL FAULTS. UCSD makes no representations and extends no warranties of any kind, either
express or implied. Among other things, UCSD disclaims any express or implied warranty:
(a) of merchantability, of fitness for a particular purpose,
(b) of non-infringement or
(c) arising out of any course of dealing.
6.3 Animal Studies. UCSD does not conduct animal studies that are intended to support
applications for research or marketing permits for FDA-regulated products (as described in
Title 21, Code of Federal Regulations (CPR) Part 58-Good Laboratory Practice (GLP) for
Nonclinical Laboratory Studies).
6.4 Export Control. Neither Party shall provide export-controlled information or material to the
other Party without formal modification of this provision. The Parties agree that it is not
anticipated that any report or deliverable will be export controlled. Should the Parties discover
2
May 5, 2020 Item #4 Page 45 of 135
otherwise, the Parties may terminate this agreement or seek a mutual amendment to this
provision and shall nevertheless at all times shall agree to comply with all U.S. export laws and
regulations.
7 FREEDOM OF RESEARCH, This Agreement does not limit the freedom of individuals
participating in this Research Program to engage in any other research.
8 PAYMENT -City shall reimburse the University not more often than monthly for allowable
costs. The University shall mail invoices to: The University shall mail or email invoices to:
Mike Grim
Environmental Management Department
City of Carlsbad
1635 Faraday Ave.
Carlsbad, California 92008-7314
mike.grim@carlsbadca.gov
Payment may be made by check, ACH or wire transfer. When payment is made an email
notification shall be sent to emfcashmgt@ucsd.edu.
Checks shall be made payable to "The Regents of the University of California" and sent to the
following address:
The Regents of the University of California
University of California-San Diego
Cashier's Office, Mail Code 0009
9500 Gilman Drive
La Jolla, CA 92093-0009
Note that the Routing Number is different for ACHs and wire transfers.
Payment via ACH (preferred method) bank information:
Receiving bank name: Bank of America, NA
Receiving bank address:
Bank of America, NA
P.O. Box 37025
San Francisco, CA 94137, USA
Account number:1233018188
Routing (ABA) number: 121000358
Account name: Regents of the University of California, San Diego
ACH preferred format: CTX
Type of Account: Checking
Payment via wire transfer bank information:
3
May 5, 2020 Item #4 Page 46 of 135
Receiving bank name: Bank of America, NA
Receiving bank address:
Bank of America, NA
100 West 33 .. Street
New York,NY 10001, USA
Account number: 1233018188
Routing (ABA) number: 0260-0959-3
CHIPS address: 0959
SWIFT address: BOFAUS3N
Account name: Regents of the University of California, San Diego
Type of Account: Checking
Each payment shall be identified by providing the following information:
UCSD fund number or contract/ grant number
AR ISIS account number and invoice number
Principal investigator, department name, department contact name
Any other information that will facilitate the identification of the payment (for payment by
check, include a copy of the invoice)
Exact amount of incoming funds
City shall have sixty (60) days from the completion of the Research Program to request that
University provide a report of expenditures shown by major cost categories.
9 REPORTS/DELIVERABLES -The PI will submit a final (technical) report to the City within
90 days of the End Date if a final (technical) report was proposed in Exhibit A. The report will
summarize the Research Program accomplishments and significant research findings. There are
no additional deliverables for this Research Program. City understands and agrees that such
final report content, data, and/or other deliverables are provided "as is" and thus, City uses such
at its own risk. UCSD extends no warranties of any kind, either express or implied, including
but not limited to, warranties of merchantability and fitness for a particular purpose.
9.1 CONFIDENTIAL INFORMATION-Subject to the Disclosure, Technology, and Patent
Rights paragraph of this Agreement, it is the intent of the Parties that neither Party shall furnish
any information considered confidential and/or proprietary by it and/or one or more third
parties to the other Party in connection with this Agreement except as required by law. Where
Confidential Information is disclosed, the receiving Party shall have a duty to protect only
Confidential Information disclosed by the disclosing Party which is either: (a) in writing and
marked as confidential at the time of disclosure, or (b) disclosed orally or visually and
summarized and designated as confidential in a written memorandum delivered to the receiving
Party within 30 days of disclosure, and, in the instance of Confidential Information provided to
UCSD, it rp.ust not only be marked but it must also be delivered only to UCSD's PI. In
consideration of the disclosure of any Confidential Information, the other Party agrees that, for
a period of three years from the effective date of this agreement, it will take reasonable
precautions as normally taken with the its own confidential and proprietary information.
10 RIGHTS IN DATA -University shall have the right to copyright, publish, disclose, disseminate
and use, in whole and in part, any data and information developed under this Agreement.
4
May 5, 2020 Item #4 Page 47 of 135
Subject to paragraph 2.2 Confidential Information, University shall have the right to publish,
disclose, disseminate and use, in whole and in part, any data and information disclosed to it by
City under this Agreement. Subject to the terms of the Confidential Information, Publication,
Use of Name and Disclosure, Technology, and Patent Rights provisions of this Agreement, City
shall have the right to disclose, publish and use the reports and deliverables identified in the
relevant paragraph and delivered hereunder to City by UCSD. However, under no circumstances
will City state or imply in any publication or other published announcement that UCSD has
tested, endorsed or approved any product, service or company.
11 USE OF NAME/PUBLICITY -Neither Party shall use the name, logo, or marks of the other
Party, nor the name of any faculty member, employee, researcher, or student of the other Party,
in connection with any product, service, promotion, news release, advertisement or other
publicity without the prior written permission of the other Party and, if an individual's name be
concerned, of that individual. The foregoing prohibition shall not include the transmission of
such information to UC's Regents, Advisory Boards, legal counsel or any of their other internal
formal boards or committees of either Party; any historically public accounting of funding
sources; any listing by a Pl, student or employee in a CV or resume in job-seeking or in
documenting "other sources" of support or research experience while proposing other funding for
research.
12 PUBLICATION, FUNDAMENTAL RESEARCH, ACKNQLWEDGMENT, AND
DISCLAIMER -The basic objective of research activities at UCSD is the generation of new
knowledge and its expeditious dissemination for the public's benefit. As a matter of basic
academic policy, UCSD retains the right at its discretion to present and publish freely any results
of the Research Program to the extent such results do not contain Confidential Information of
City. City will provide all reasonable cooperation with UCSD in meeting this objective. UCSD
shall have the right to present and publish the results of the work conducted by UCSD under this
Agreement to the extent such results do not contain Confidential Information of City. UCSD
shall, upon request, provide City the opportunity to review any proposed manuscripts describing
said work thirty (30) days prior to submission for publication. City may review the manuscript
or publication for disclosure of City's Confidential Information or for potentially patentable
Subject inventions within 30 days. If City notifies UCSD that such submission would cause the
loss of significant foreign patent rights, University will, at its option, either delete the enabling
portion of the proposed publication, or withhold publication for sixty (60) days until U.S. patent
filings are completed, but only to the extent that City agrees to reimburse University for costs
associated with such patent applications and subsequent prosecutions. UCSD will acknowledge
the City in resulting publications for its Research Program. City does not request any
disclaimers or request the following disclaimers.
13 mscLOSURE, TECHNOLOGY, AND PATENT RIGHTS -
13 .1 City Technology -All rights to Technology, including software, made solely by City shall
belong to City and shall be disposed of in accordance with City policy.
13.2 University Technology -All rights to Technology, including software, made solely by UCSD
shall belong to the University and shall be disposed of in accordance with University policy.
5
May 5, 2020 Item #4 Page 48 of 135
13.3 Joint Technology -All rights to Technology, including software, made jointly by University
and City shall be jointly-owned.
13.4 Subject Inventions. Inventorship of patentable developments or discoveries first conceived and
actually reduced to practice in the performance of this Agreement ("Subject Inventions") will
be determined in accordance with applicable U.S. Patent Law and UCSD policy.
13.5 Time-Limited. First Right to Negotiate. To the extent that the University has the legal right to
do so, and provided City pays all direct and indirect costs of the Research Program including a
proportionate share of all research salaries and benefits, City will have, in accordance with the
provisions of the following paragraph, a time-limited first right to negotiate a commercial,
royalty-bearing license, to make, use, and sell any UCSD-owned Subject Invention, for the
term of any patent thereon.
13.6 Disclosure. UCSD shall promptly disclose to City any Subject Inventions arising under this
Agreement for which it is a sole or joint inventor. To the extent that City is collaborating with
UCSD or engaging in iterative or alternating work with UCSD, whether or not reflected in this
Agreement or associated statement of work or proposal, City shall also promptly disclose to
UCSD any Subject Inventions arising under this Agreement. The receiving Party shall hold
such disclosure on a confidential basis and will not disclose the information to any third party
without consent of the disclosing Party. City shall advise University in writing within 60 days
of disclosure to the City whether or not it wishes to secure an option or license to UCSD's
interest in the disclosed Subject Invention ("Election Period"). If City elects to secure a
license, the City shall assume all costs associated with patent filing, prosecuting and
maintaining patent protection for such Inventions whether or not a patent ultimately issues.
City shall have 90 days from the date of election to conclude such license or option agreement
with UCSD ("Negotiation Period"). Such period may be extended by mutual agreement. Said
license shall contain reasonable terms, shall require diligent performance by the City for the
timely commercial development and early marketing of applicable Subject Invention(s), and
include the City's continuing obligation to pay patent costs. In the event it is necessary in the
opinion of UCSD to file any patent applications to protect a Subject Invention during the
Election or Negotiation Periods, City will reimburse patent costs incurred by UCSD during
such periods(s). If such option or license negotiation is not concluded within the Negotiation
Period or if City does not notify UCSD of its wish to secure an option or license within the
Election Period, neither Party will have any further obligation to the other with respect to
UCSD's interest in the disclosed Subject Invention and the rights to such Subject Invention(s)
disclosed hereunder shall be disposed of in accordance with University policies. Nothing
herein shall prevent UCSD from filing a patent application at its own discretion and expense.
13.7 Forei~n-Filing Election. Notwithstanding any other provisions establishing or extending time,
City must notify UCSD of those countries outside the United States in which it desires a license
in sufficient time for UCSD to satisfy the patent-law requirements of those countries. City will
reimburse UCSD for out-of-pocket costs for those filings, including patent filing, prosecution,
and maintenance fees.
13.8 Disclaimer. Nothing in this Agreement is or shall be construed as conferring by implication,
estoppel, or otherwise any license or rights under any patents or other rights of UCSD and/or
The Regents of the University of California.
6
May 5, 2020 Item #4 Page 49 of 135
13.9 Copyright. Copyright in original works of authorship, including computer software, first
created and fixed in a tangible medium of expression by UCSD in the performance of this
Agreement will vest in UCSD. At City's request and to the extent that University has the legal
right to do so, University will grant to City a license to University's interest in such works on
reasonable terms and conditions, including reasonable royalties, as the Parties mutually agree in
a separate writing. However, as with the preceding subsection, City shall advise UCSD in
writing within 60 days of disclosure to the City whether or not it wishes to negotiate a license
and the City shall then have 90 days from the date of election to conclude a license or option
agreement with UCSD.
13 .10 Background and Other Intellectual Property. For the avoidance of doubt, all intellectual
property developed outside of this Agreement shall remain the property of its owner. Except as
explicitly provided in this Agreement, neither Party receives any right to the other's intellectual
property developed outside of this Agreement.
14 INDEMNIFICATION -Each Party (the "Indemnifying Party") shall defend, indemnify, and
hold the other Party, its officers, employees, and agents harmless from and against any and all
liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages
arising out of the performance of this Agreement but only in proportion to and to the extent such
liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result
from the negligent or intentional acts or omissions of the Indemnifying Party, its officers,
employees or agents.
15 EXPENDABLES, SUPPLIES AND EQUIPMENT -Ownership and title shall vest in UCSD
for all expendables, supplies and/or equipment purchased or fabricated to perform the Research
Program.
16 EXCUSABLE DELAYS -In the event of a delay caused by inclement weather, fire, flood,
strike or other labor dispute, act of God, act of governmental officials or agencies, or any other
cause beyond the control of University, University shall be excused from performance hereunder
for the period of time attributable to such delay, which may extend beyond the time lost due to
one or more of the causes mentioned above. In the event of any such delay, this Agreement may
be revised by changing the Budget, performance period and other provisions, as appropriate, by
mutual agreement of the parties.
17 NOTICE -Whenever any notice is to be given hereunder, it shall be in writing and sent to the
following address:
University:
(U.S. Mail)
Judy Cheng
Office of Contract and Grant Administration
Scripps Institution of Oceanography
University of California, San Diego
La Jolla, California 92093-0210
(email, preferred) judycheng@ucsd.edu
for courier delivery:
7
May 5, 2020 Item #4 Page 50 of 135
City:
Judy Cheng
Office of Contract and Grant Administration
Scripps Institution of Oceanography
116 Scripps Building
8622 Charles F. Kennel Way (formerly Discovery Way)
La Jolla, California 92037
Mike Grim
Environmental Management Department
City of Carlsbad
1635 Faraday Ave.
Carlsbad, California 92008
· (email, preferred) mike.grim@carlsbadca.gov
18 EARLY TERMINATION
18.1 Either Party may terminate this Agreement upon 30 days' written notice directed to the
appropriate individual named in the Notice paragraph of this Agreement. If this Agreement is
terminated before the End Date, City will pay the reasonable cost incurred by UCSD in
winding down and terminating the Research Program, including the Cost of the Research
Program during the wind-down period and all costs and non-cancelable commitments incurred
before termination. Such obligations may include, but are not limited to, salary and fringe
benefits (including vacation accrual) of personnel engaged on the Research Program during
their severance period; purchase_ orders and other agreements with outside vendors which
cannot be canceled; inventory storage and disposition costs for items produced under this
Agreement; and indirect costs associated with these obligations. In addition, UCSD shall also
be reimbursed for additional costs, which may be incurred as a result of termination, including
reasonable clerical and accounting costs. UCSD shall try to limit or terminate any outstanding
commitments. If any UCSD student is supported under this Agreement, City will remain
responsible for the full cost of the student support through the end of the academic quarter in
which this Agreement is terminated. After termination, UCSD will submit a final report of all
Costs incurred and all funds received under this Agreement within 90 days. The report will be
accompanied by a check for funds remaining after allowable Costs and non-cancelable
commitments have been paid or a final invoice for settlement of all costs to be reimbursed.
18.2 UCSD reserves the right to cease performance and terminate this Agreement immediately if
City fails to pay any invoice within 60 days of receipt.
19 General Provisions.
19.1 Independent Contractors. UCSD and City are independent contractors and neither is an agent,
joint venturer, or partner of the other.
19.2 Assi~nment. Neither Party may assign this Agreement without the prior written consent of the
other Party.
19.3 Purchase Orders. To the extent any conflict arises between the terms of this Agreement and the
terms of any purchase order issued by the City, the terms of this Agreement shall govern and
those of the PO shall have no effect.
8
May 5, 2020 Item #4 Page 51 of 135
19 .4 Prevailing Terms. In the event of any inconsistency between the terms of this Agreement and
the documents referenced or incorporated into this Agreement, the terms of this Agreement
prevail.
19.5 Entire Agreement. This Agreement represents the entire agreement and understanding between
the parties with respect to its subject matter. It supersedes all prior or contemporaneous
discussions, representations, or agreements, whether written or oral, of the parties regarding
this subject matter.
19.6 Non Discrimination. UCSD shall follow its normal employment policies, which prohibit
discrimination against any employee or applicant for employment on the basis of race, color,
creed, religion, national origin, sexual preference, marital status, age, sex, or handicap (except
where bona fide occupational qualification so requires), with respect to this Agreement.
Qualified individuals will not be denied the opportunity to contribute to the work to be
conducted at UCSD under this Agreement on those bases or on the basis of citizenship.
19 .7 Governing Law. This Agreement is governed by the laws of the State of California, without
regard to its conflict of laws doctrine. Any legal action involving this Agreement or the
Research Program will be adjudicated in the State of California.
19.8 Electronic Copies, Signatures, and Amendments or Changes. The parties agree that a copy of
the original signature (including an electronic copy) may be used for any and all purposes for
which the original signature may have been used. For purposes of this Agreement and any
subsequent modifications, "original signature" shall include an ink or electronic signature. The
parties further waive any right to challenge the admissibility or authenticity of this Agreement
in a court of law based solely on the absence of an original signature and/or original document.
This provision shall be upheld and shall survive termination of the agreement for a period of 5
years for purposes of establishing validity of this Agreement (including amendments)
regardless of any choice of law determination made by a court or other authority. Amendments
or changes to this Agreement must be in writing and signed by the parties' authorized
representatives.
19.9 Counterparts. This Agreement and any amendment to it may be executed in counterparts and
all of these counterparts together shall be deemed to constitute one and the same agreement.
The following authorized Party representatives have executed this Agreement, including all its terms
and conditions.
THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA
Name. Judy Cheng
Title: Principal Contract & Grant
Off1er b_
Date:Q 7 I 7 o 2 cl I
CITY OF CARLSBAD
(signature)
Name: Scott Chadwick
Title: City Manager
9
May 5, 2020 Item #4 Page 52 of 135
Workshops
and
Stakeholder
Meetings
Work Products:
£j, 6,·IA
This project serves to demonstrate an innovative partnership model between
scientists, resource managers, and decision-makers for advancing a community-
based sea-level rise adaptation strategy. A critical component of ensuring the
Project's success is soliciting input from various departments at the City of Carlsbad
on priority needs and sea-level rise adaptation strategies, as well as gathering input
from regional stakeholders such as State Parks, Caltrans, coastal residents, and
community groups.
Researchers will participate in these meetings to advance a collective visioning
process and to serve as a learning opportunity for how to advance sea-level rise
adaptation from a plan to tangible investments and projects. These workshops will
also provide opportunity for researchers to directly engage city and community
leaders in their research results and to discuss ongoing partnership opportunities
for monitoring sea-level rise and cliff retreat.
Cliff Retreat Analysis
• Historic Cliff Erosion Analysis
• Enhanced Predictions of Cliff Erosion Report
• Cliff Hazard Results Workshop
May 5, 2020 Item #4 Page 53 of 135
UNIVERSITY OF CALIFORNIA, SAN DIEGO
DETAILED BUDGET REQUEST FOR THE PERIOD FROM 01/01/2020 THROUGH 12/31/2022
SALARIES & EMPLOYEE BENEFITS:
~ame and Payroll Title
Mark Merrifield (Pl)
Professor
Adam Young
Assistant Project Scientist
Laura Engeman
Acad Program Manager Officer 3
·Robert Grenzeback
Staff Research Associate
Lucian Parry
Marine Tech
* Monthly Actual FIT Equivalent
Salary Person-Months
Recharge Rate Dedicated to Project
See detail by year 0
See detail by year 5.00
See detail by year 6.00
See detail by year 2.50
See detail by year 2.50
ePD No.: 21428-2019
Agency: State Coast;
Year: Total
Total Salaries
and Emp. Benefits
Requested
$0
$77,040
$76,627
$22,538
$20,709
*Salary recharge rates are calculated for actual productive time only (except for non-faculty academic sick leave). The rates include compon
for employee benefits, provisions for applicable merit increases and range adjustments in accordance with University policy, except postdoc
which do not include components for downtime, so those rates are calculated for all working hours. Staff overtime or remote location allow;
may be required in order to meet project objectives, and separate rates are used in those cases.
TOTAL SALARIES & EMPLOYEE BENEFITS _-'-$1_9-'6,_91_5_
PROJECT SPECIFIC SUPPLIES, MATERIALS & OTHER EXPENSES:
See detail by year $5,760
Project specific costs that include research telephones, tolls, voice and data communication charges, photocopying
and postage are requested. Supply and expense items, categorized as project specific,
and computer and networking sevices are for expenses that specifically benefit this project and are reasonable
and necessary for the performance of this project.
INDIRECT COSTS: (15% total direct cost limit per sponsor):
Rate: On-Campus
*Base:
*Base is total direct cost
See detail by year
TOTAL SUPPLIES, MATERIALS & OTHER $5,760' ------
TOTAL DIRECT COSTS __ $.;..2_0....;2,_67_4_
INDIRECT COST ___ $3_0~,4_o_o_
TOTAL AMOUNT REQUESTED __ $_2_3"""3,_07_4_
May 5, 2020 Item #4 Page 54 of 135
Budget Justification
Senior Personnel:
Mark Merrifield (Pl), Professor, (No salary requested) will serve as Pl and will coauthor
publications resulting from this work.
Dr. Adam Young, Associate Project Scientist, (YR1 3.0 calendar month, YR2 2.0) will plan,
conduct, and oversee the cliff retreat analysis and surveys. Dr. Young will also continue to
lead the effort to develop best practices and methods for data processing and analysis.
Laura Engeman, Program Manager, (YR1 3.0 calendar month, YR2 2.5, and YR 3 0.5) will be
responsible for overseeing the project, directing the other personnel. Additionally, she will lead
the design and development of the tools used to communicate the data and results from the
project.
Other Personnel:
Robert L. Grenzeback, Staff Research Associate, (YR1 1.5 calendar months, YR2 1.0) will be
responsible for overseeing the engineering development aspects of the project, working
closely with the Dr. Young and Dr. Merrifield. Additionally, he will design and develop tools
used to collect and interact with the data, and results from the project.
Lucian Parry, Marine Technician, (YR1 1.5 calendar month, YR2 1.0) will perform necessary
technical functions related to the completion of the scope of work of the award. The tasks will
include work focused on the set-up of the marine environment units, and coordinating the
deployment, monitoring and maintenance of the units.
Scripps Institution of Oceanography, in accordance with Cost Accounting Standards, uses
recharge rates that include benefits with salary. Salary recharge rates are charged for actual
productive time only (except for non-faculty academic sick leave, which is charged as direct).
The rates include components for employee benefits, provisions for applicable merit increases,
and range adjustments in accordan.ce with University policy. Staff overtime or remote location
allowance may be required in order to meet project objectives, and separate rates are used in
those cases.
Project Specific Supplies, Materials & Other Expenses:
Total supplies, materials and.other expenses requested is $5,760.
($3,200) Total publication costs requested. $1.,200 in YR1, $1,000 in YR2 and $1,000 in YR3.
($2,560) Project Specific Costs include research telephone use, tolls, voice and data
communication charges, photocopying, faxing and postage are requested by UCSD. Supply
and expense items, categorized as project specific, and computer and networking services are
for expenses that specifically benefit this project and are reasonable and necessary for the
project performance of this project. $1,440 in YR1, $1,040 in YR2 and $80 in YR3.
Indirect Costs (/DC):
The sponsor limits /DC to 15% total direct costs
YR1 = $16,717
YR2 = $12,516
YR3=$1,167
Total IDC = $30,400
Total direct and indirect costs requested for the three-year project $233,074.
May 5, 2020 Item #4 Page 55 of 135
Attachment 1 a: Project Area Map
May 5, 2020 Item #4 Page 56 of 135
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Attachment 1c: Map showing where emergency revetment placed to protect Carlsbad Boulevard Southbound
May 5, 2020 Item #4 Page 58 of 135
Sea Level Rise Hazards
1111 Bluff Hazard Zone (2.0m)
Flood Hazard Area (2.0m)
Attachment 1 d: Project Area with SLR Predictions of 2 meters
May 5, 2020 Item #4 Page 59 of 135
Sea Level Rise Hazards
11111 Bluff Hazard Zone (2.0m)
Flood Hazard Area (2.0m)
Attachment 1 e: Project Area with SLR Predictions of 2 meters
May 5, 2020 Item #4 Page 60 of 135
Attachment 2: Map of Park Poor Areas in San Diego near the Project Area
@ AslO!ii~Oistri:1/'lJnllB'
-less1tMl~15Jl1f1d111dps-lOOOpo:Jplealll
bebw$4l)ll fllecfoo ibJsa1oij llXlne
l15s11;1\ J ~"' pifl(li\d ps-1000po:Jplealll
above$4l)ll Medm ibJsalOij mrne
More1tM Jaa-15pll1(MdpO'lOOOp1113k<11d
bebw$4l)ll Medm twsa1oij mrne
-Morelhir1 Jaa-.. pll1!11rldp.-1000p1113k<11d
above$4l)llflll!aoo ibJsa1oij mrne
[_:_J 1.-op(!)ulali:n
D 0v.-s1a1ea,,erageforpo:Jpleofrobr
Sla1eAv,rag, -srn,
A LOOK AT GREEN ACCESS TODAY
lmpressiveJy, 45 percent of the total land area of
San. Diego county is green space. However, many
communities are park-poor even thouijh the
region as a whole is park-rich.
The majority of the San Diego region's.residents
Jive within the western portion of. the county. In
general, there ar!) far fewer acres -of green space
and far more.people-in this area than elsewh·ere
in the county. Not all San Diegans-bave equal
access to green space.
As this map shows, the most park-poor areas
of the region are also the areas with the highest
concer,itrations. of low0income housebo!ds and
people of coror. In fact, there are few areas in the
region withhigh concentrations of lo.w-income
households. ;:ind people of color that are not
park-poor.
PARl5 l!>R I.YER\OllE 11
May 5, 2020 Item #4 Page 61 of 135
Attachment 3: Example of Architectural Visualizations to Be Created to Help Re-envision the South
Carlsbad Boulevard Transportation Corridor
May 5, 2020 Item #4 Page 62 of 135
Attachment 4: Photos of Project Area
::.~~--\
Photo 1. Beach conditions at northern end of Cliff Erosion Study Zone (in vicinity of Terramar Point)
May 5, 2020 Item #4 Page 63 of 135
Photo 3. Beach conditions at western terminus of Palomar Road
Photo 4. Las Encinas Bridge
May 5, 2020 Item #4 Page 64 of 135
Photo 5. Las Encinas Bridge
Photo 6. Existing Revetment at Las Encinas Bridge
May 5, 2020 Item #4 Page 65 of 135
Photo 7. Erosion at Las Encinas Bridge
Photo 8. Erosion and Flooding at Las Encinas Bridge
May 5, 2020 Item #4 Page 66 of 135
Photo 9. Carlsbad Boulevard northbound and southbound divide at Las Encinas Creek
.... . . .
Photo 10. North Ponto State Beach day use area
May 5, 2020 Item #4 Page 67 of 135
Photo 11 . Beach Conditions North Ponto State Beach campground area
Photo 12. Beach access erosion at North Ponto State Beach campground area
May 5, 2020 Item #4 Page 68 of 135