HomeMy WebLinkAboutSTATE COASTAL CONSERVANCY - 1986-10-24 a
S7ATt Of CAtIFORV - *WE ASOl/RCES AGENCY GEOtGE OfttRMU1AN, Go.*mor
CALIFORNIA STATE COASTAL CONSERVANCY
1330 6ROADWAY. SUIT): 1100 U;1
OAeLANO, CA 94017
ATSS 561.1013
Tt�FhK)wF a1S/4C•t1013
February 11 , 1987
14e ,V
Mr. Don Noble
"�7
Public Works Department
City of Ht,nti ngton Beach
P.O. Box 190
Huntington Beach , CA 92648
SUBJECT: Agreement No. 86-027-86-071
Dear Mr . Noble: k1
Attached for your records is nne fully executed copy of the �•�
above-referenced agreement.
P'p,3se continue to contact Peed Holderman regarding
this project, but direct all u gets , invoices , and requested
modifications regarding this agreement to me at the above
address. Thank you for your attention to these matters.
Sincerely.
Karen Rust
Contracts Manager
enc.
,
RESOLUTION NO. 5749
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HU14TINGTON BEACH APPROVING THE
TERMS AND CONDITIONS OF AGREEMENT NUMBER
86-027-86-071 BETWEE14 THE CITY OF HUNTINGTON
BEACH AND THE STATE COASTAL CONSERVANCY
WHEREAS, the City Council of the City of Huntington bench
hereby approves the terms and conditions o,`. Agreement Number
86-027-86-071 , between the City of Huntington Beach ana the State
Conservancy and ratifies the previous execution of the Agreement
by the City Manager .
NOt11 , THEREFORE , BE IT RESOLVED by the City Council of the
City of Huntington Beach that the City of Huntington Beach
approves the terms ana conditions cf Acreerr.ent Numbe:
n6-U27-b6-671 between the City anc the State Coa4cal Conservancy
and rat i f ies the execution of thc: Agreement by the City
Aaministrator ..
PASSED AND ADOPTED oy the City Council of tnc- City of
Huntington beach at a regular meetina thereof hela on the 20th cia,.
or January 1967 .
'r
M,a
ATTEST : APPROVED AS TO FORM:
r "
City Clerk City }+ttorney �.
REVIEWED AND APPROVED: INITIATED AND APPROVED:
Ci dministrator Public Works Director
1806L
1-5-87
Res.400. 5749
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) s a:
CITY OF RMINCTON BEACH )
I , ALICIA M, VEWWORTH, the duly elected , qualified City
Clerk of the City of Huntington beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
w-mbers of the City Council of the City of Huntington beach is seven ;
that the foregoing resolution vau passed and adcpt.ed by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 20th dev
of January 19 87 by the fallowing vote :
AYES : Councilmen;
Winchell , Mays , Finley, Kelly, ErsH ne, Green, Bannister
NOES : Councilmen:
None
ABSEtrl : Counc i lnwn:
None
�,<-'tit _ . � - ./�;i ,-r,.••,3-� .�
Cite Clem- and ex-officio Clerti.
of the City Council of the City
of Huntington beach, California
S•1 .'.?IDARD AGREEMENT — aE GRAL � ►� co++TTnAcToa
WTAT1F Vnr CA'JPORNIA 0 FTATZ AGE-CT
aTO J .aav •,tr+l ❑ DEPT of GIN SEM.
❑ CONTMOURM
TIIIS AGREEMENT, made and entered into this 24th day of Oc toher �.j
in the State of Californi.t, bs and bct%%rrn State of Cahfotnta. through its duls elected or aplxnnted. ❑
qualified %nd acting ❑
rME tY CMI�C[w ACT-NG $CAN STATa AQ(04CT
fXPr-utive Offir'pr
hrreraftn tailed the State, and
City nf .Hun i ngtnn Reach
hrrrofter railed the Cow raiI ot
N•ITNESSETH That the. Contractor for and in comsidetation of the covenants, conditions, agreements, and stipulations of the State
hetrinaIter etpres"_ i. dt" herehs agrre to furnish to the State wtvtces and materials, as follo'As
tSet le„th tenwe to be rendered try Contractor amount to hr paid Contractor. lime Im perfc»monre rr mmpir.w.'n.and attach r4nt and trenftcatrms. tf any r
SCOPE OF AGREEMEKT
Pursuant to Section 31400 et seq. of the Public Resources Code, the State
Coastal Conservancy (hereinafter the Conservancy ) hereby grants to the
City of Huntington Beach (hereinafter the "Grantee") a sum nct to exceed
forty-four thousand nine hundred sixty-eight dollars ($44,968) , subjet ' to the
terms and conditions of this Agreement. These funds shall 1-je used to construct
a blufftop plaza and beach stairway at 20th Street and Pacific Coast Highway
(hereinafter the "Project") as described herein and in the Conservancy Staff
Recommendation of (October 16, 1986, which is attached hereto as Exhibit A and
incorporated herein by this reference. The Grantee small construct the Project
in accordance with this Agreement and the Work Program to be approved by the
Executive Officer of the Conservancy (hereinafter the "Executive Officer")
Pursuant to this Agreement.
(continued next page)
The provisions on tht•rr%rrce ude her,,J constitute a hart of this agteement
IN tt'ITtiUSS WIIFRE OF, this agreement has I*—,n rtrcuird I;s the parties herrto, upon thr date first at►cisr written
STATE OF CALIFORNIA CONTRACTOR `
A'it NC• / COK7UACTOA A DTIW* •vr A. w[WntA.A., I"&" .wW•.tr A Gl'..ACY�.•.C1w
c a �� ,T"I u l ntin tcn Beach
a• IAUT.+om;tto aKiNA /' .� Y a•GNA w[i / .�_
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Fyf!litf ss Yn nf_f_i! r . Mmin i s.t�rs:t or. .
car-rwvca o•. ..._ S"arr! [AC•. IMAwl..o NAY& r,• COACT"ACTOw �LP .O. Bo- 190. Huntington Beach , CA 92648
� �rAr7VMT t"Ka.•+�a�[D P0101 RAbd CATEWNT ICOD[ AND rmi, It,ND TITLE
Derarrment of General Serv'ces 43 I CdPi tat Outlay e
y 1 �Rq SCC i"tina
use OnlyUNaNr_U"M&"*,) aA4_4NC9 to.*lrr..L USE)
Streat Arcesr
I certify that this nrant AOJ wrr:wt".swrw aNCUYtiw4NCa IT1LY CNA1Tn!w aT ATtlTt t•sc AL T[Aw
is exempt f ro- Dupartmen:
of General Services ApJ txCwaAS"aar+CU"SAANCY 0.,, c.7 Do (=Kn.prTu" C ANO T,Tu,
approval .
1 herby crrtifi«eon my ore personal knou4dge that budgeted junds are T t.A ►O - �w NO
otantlaUr far stir rertod end purpose o/the erp duurr stated sh"
s.gNATV" OP ACtthAtTwQ 0/011ceft ••
aAT>r
by that all cn+stk! s fix forth u[ ' tt Admsnut►attar Manual section I ANN hats►
rnmplvd 4 ! hu r:rr�t rtrcww by the De"timmi of Finance
tWtaNATVIM OW tYvicen UATi
`- '/ 2 V--
City of Huntington Beach
Grant No. 86-027-86-071
Page Two
FORK PROGRAM
Prior to commencement of construction, the Grantee shall submit to the
Executive Officer for review and written approval as to their consistency with
the terms of this Agreement, a detailed Work Program including (1) constructicn
plans and specifications which have been certified by a registered architect or
engineer, or approved by the Grantee' s Public Works Director; (2) a schedule of
completion for the Project specifically listing the completion date for each
separable Project component; and (3) a detailed Project budget. Such Project
budget shall describe all labor and materials costs to be incurred to complete
the relevant component of the Project, and shall also contain a listing of all
intended funding sources to complete the relevant component, including the
Conservancy' s grant and all other sources of monies, materials, or labor. The
Grantee also shall review and explain the plans on site with staff of the
Conservancy.
Where all or a portion of the construction to be funded under this Agreement
will be performed by third parties under contract with the Grantee, prior to
initiating any request for contractor bids, the Grantee shall submit for review
and written approval of the Executive Officer the bid package Including
construction plans and specifications which have been certified or approved as
described above. Upon approval by the Executive Officer, the Grantee shall
proceed with the bidding process. The•Grantee shall thereafter comply with the
above p.aragr4 ph regarding submission and approval of a Work Program prior to
Ponstruction.
The Grantee stall develop the Project in accordance with the approved Work
Program.
CALIFORRIA CONSERVATION CORPS
The Grantee agrees to utilize the labor of the California Conservation Corps
(hereinafter the "Corps") to the degree feasible to implement the Project.
Prior to entering into any contract for construction of :any Project component
for which reimbursement will be sought under th's Agreement, the Grantee shall
solicit the participation of the Corps In such construction and shall provide
written evidence of such solicitation to the Conservancy. The Grantee shall
thereafter provide to the Conservancy either: (1) written evidence of a
determination that no participation by the Corps is feasible; or (2) an
agreement between the Grantee and the Corps which describes the planned
involvement of the Corps in Project, construction. Said agreement shall be
based on the approved Work Program and shall describe the dollar value of the
services provided. The amount of the grant authorized herein shall C reduced s
by the value of any Corps' assistanct l
0
Res. No. 5695
STA,is OF CA17ORNIA )
COMM CW OUNCE ) g o :
CT.Y OF HMIN=ON Dlf.ACH )
1 , ALIC;A H. WT-?r i01":H, the duly elected , quz: ified City
ClerK of the City of Huntington beach , and ex•officic Clerk o!' the
City Council of said City, do hereby certify that the whole nu-&er cf
weber~ of the City Council of the City of Huntington Beach it tes;er. ;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a ragular meeting thereof held on the 4rh day
of August 1986 , by the following vote .
APES : Councilmen:
Kelly, Mac411issler,.,Yjandic . Bailey. Grppn_ Thnmat
WOES : Councilmen:
None
AISER : Councilmen-
Finley
i
Cit7• C1erE, and ex-officio C:er•
of the City Counci: of tht C:t---
of Hunt ingtor. beach, Cal if ormia
7)e foregoing instrune.jt is a ccrrect
COPY of the Jr:L:riI -I
Attest`
WENTWORTH
C,ty Clerk a.-,d E: �ti c:_ r
�CJ�1fsi ;f the city cf - •b'•'i 8.:ch
H.,,.:..
4'a'it /
N L ;J4
cis
City of Huntington Beach
Grant No. 86-027-86-071
Page Four
CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT (continued)
(2) The Executive Officer has approved in writing:
(a) the Work Program for the Project;
(b) the plans for the erection of signs and plaques;
(c) all sub-contractors that the Grantee intends to employ to
construct the Project or any separable component of it, and written
evidence has been provided to the Conservancy that each such
sub-contractor has complied with the bonding requirements described in
the "BONDING" section of this Agreement.
(3) Written evidence has been provided to the Conservancy:
(a) of the solicitation by the Grantee of Conservation Corps
assistance in construction of the Project, and of the determination of
the extent to which such assistance will be provided, including a copy
of any agreement entered into with the Corps "Hating to the Project;
(b) that all permits and approvals necessary to the completion of the
Project under applicable local , State and Federal laws and regulations
have been obtained.
(4) Prior to the commencement of construction under this Agreement, Grantee
shall :
(a) Provide plans showing that the project will be accessible to
handicapped persons in accordance with State Regulations for
Handicapped Access; and submit evidence of this determination to the
Executive Officer; and
(b) Agree that the property developed with Conservancy funds shall be
permanently dedicated to recreational and trail uses, and agree to
operate and maintain the Plaza and Stairway for public access purposes.
119"m teem
8 0'SA CHICA STATE BEACH
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PACIFIC COAST HI HWAYAll
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r.IVISION% ItITtaINrft _ _ BLUFF TOP VISTA POINT y
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PROJECT AREA
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4 . Agrees to provide any funds needed beyond the grant
requested to complete the project ( s ) funded under this program
through the allocation of uncommitted funds
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the dth
I
day of August 1966 .
.4 �.
N.ayor
ATTEST: APPROVED AS TO FORM :
City Cler K Cs .�' htto.ney
rRrv:£ AND
l
City hd4.._ nistrat : Direc;.3r of
Services
f
CI
City of Huntington Beach
Grant No. 86-027-86-071
Page Six
TERM OF AGREEKENT
This Agreement shall be deemed executed and effective upon receipt in the
offices of the Conservancy of the Agreement which has been signed on the first
page in original ink by an authorized representative of the Grantee, and which
is accompanied by the Resolution described in the "CONDITIONS PRECEDENT TO
CONSTRUCTION AND DISBURSEW.RT" section of this Agreement.
The term of this Agreement shall run from the effective date of this Agreement
as described herein and shall continue through October 16, 2007 ( the
"Termination Date") unless othervilse terminated or amended as provided herein.
The Grantee agrees to complete construction of the Project by October 16, 1987
(the "Completion Date") .
Prior to the Completion Date, either party may terminate this Agreement for any
reason by providing the other party with seven ( 7) days notice in writing.
In the event of termination by the Conservancy, prior to the Completion Date,
the Grantee agrees to take all reasonable measures to prevent further costs to
the Conservancy under this Agreement, and the Conservancy shall be responsible
for any reasonable and non-cancellable obligation incurred by the Grantee in
the performance of this Agreement until the date of the notice to terminate ,
but only up to the undisbursed balance of funding authorized in this Agreement.
In the event that the Grantee fails to complete the Project in accordance with
this Agreement, or fails to fulfill any other obligations of this Agreement
prior to the Termination Date, the Grantee shall be liable for immediate
repayment to the Conservancy of all amounts disbursed by the Conservancy under
this Agreement. 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.
OPERATION AND MAIKTENAMCE
The Grantee agrees to operate and maintain the Project as a public access
facility throughout the term of this Agreement. The Grantee agrees to assume
all operations and maintenance costs of the Project and the Conservancy Shall
not be liable for any cost of such maintenance, management, or operation. The
. Grantee may be excused from its obligations for operation and maintenance of
the Project during the term of this Agreement only upon the written approval of
the Executive Officer.
r.
7
The Bluff Top Vista Point Plaza and Beach Access stairway
project enhances access and provides recreational
opportunities along Huntington Beach and will help relieve
the current congestion at the Existing accessways.
CONSISTENCY WITH
THE CALIFORNIA
ENVIRONMENTAL
QUALITY ACT: The City of Huntington Beach filed a Negative Declaration
for the project on September 11 , 1986. The public review
period closed on October 6, 1986 and th- City received no
substantial comments challenging the Negative
Declaration' s determination that the project would not
have significant effects on the environment if
constructed. Conservancy staff reviewed the Negative
Declaration and recommends that the Conservancy concur
with its findings.
C8
0i
City of Huntington Beach
Grant No. 85-027-86-071
Page Eight
NONDISCRI14INATION (continued)
physical handicap, mental condition, marital status, age or sex. The Grantee
and its subcontractors shall insure that the evaluation and treatment of their
ewployees and applicants for employment are free of such discrimination. The
Grantee and its subcontractors shall comply with the provisions of the Fair
Employment and Housing Act (Government Code Section 12900 et sh� 1Te . ) and the
applicable r ,�lations promulgated thereunder (California Aamllnlstrative Code,
Title 2, Sect -in 7285.0 et seq. ) . The applicable regulations of the Fair
Employment and 'ousing Commission implementing Government Code Section 12900 et
seq�e . , set forth in Chapter 5 of Division 4 of title 2 of the California ~'
Anmnistrative Code, are incorporated into this contract by reference and made
a part hereof as if set forth in full . The Grantee and its subcontractors
shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other agreement.
This nondiscrimination clause shall be included in all subcontracts entered
into by the Grantee to perform work provided for under this Agreement.
INCORPORATION OF EXHIBITS TO THIS AGREEMEITT
The two attachments to this Agreement entitled "List of Assurances" (Exhibit B)
and "Indemnification and Standard Provisions" (Exhibit D) describe additional
rights and responsibilities of the Conservancy and the Grantee arising out of
this Agreement. Each of these Exhibits is an integral part of this Agreement,
and each is incorporated herein by this ref--rence.
CONSERVANCY APPROVALS
All actions and approvals required to be taken by the Conservancy under this
Agreement shall be taken by the Executive Officer of the Conservancy or his
designee.
RESOLUTION
The signature of the Executive Officer of the Conservancy on this Agreement
certifies that at its October 16, 1986 meeting, the Conservancy approved a
grant of forty-four thousand nine hundred sixty-eight dollars ($44,968) to the
Grantee for the development of the project described in the attached
Conservancy Staff Recommendation (Exhibit A) .
This Agreement is deemed to be entered into in the County of Alameda.
STATE COASTAL CONSERVANCY
Staff Recommendation
October 16, 1986
"UNTIM6TON BEACH
20th STREET ACCESSWAY
File No. 86-071
Project Manager: Wendy Eliot
J
A
REQUESTER ACTION: Authorization to disburse an amount not to exceed $44,968
to the City of Huntington Beach for the construction of a
Bluff Top Vista Point Plaza and Beach Access Stairway at
20th Street and Pacific Coast Highway.
SHORT DESCRIPTION: This authorization would enable the City of Huntington
Beach to develop a paved and landscaped viewing area LL
heavily used Huntington Beach. The access stairway will
provide a direct, safe approach from, the bluff top to the
beach below.
LOCATION: At 20th Street and Pacific Coast Highway in the City of
Huntington Beach, Orange County (Exhibits 1 and 2) .
PROGRAM CATEGORY: Coastal Access
COST ESTIMATE: County of Orange S 75,000
Coastal Conservancy 44 968
Total Project Cost $119,968
STAFF RECOMMENDATION: Staff recormends the State Coastal Conservancy adopt the
following resolution pursuant to Sections 31400 et seq. of
the Public Resources Code:
'The State Coastal Conservancy hereby authcrizes the
disbursement of an amount not to exceed forty four
thousand nine hundred and sixty eight dollars
($44,968) to the City of Huntington Beach for the
construction of a Bluff Top Vista Point Plaza find
Stairway at 200 Street and Pacific Coast Highway
subject to the following conditions:
1. Prior to the disbursement of any funds the City
shall :
a. Submit for review and approval by the
Executive Officer of the Conservancy
completed construction drawings and a final
budget for the proposed project, evidence
that all necessary permits have been
obtained and a signing plan to identify the
accessway from local streets;
b. Agree to use California Conservation Corps
construction labor where possible in a
manner and dollar amount subject to the
review and approval of the Executive
Officer and as provided in a final
agreement between the Corps and the City;
C. Determines that the project will be
accessible to handicapped persons in
accordance with State Regulations for
Handicapped Access ; and submit evidence of
this determination to the Executive Officer
of the Conservancy; and
d. Agree that the property developed with
Conservancy funds shall be permanently
dedicated to recreational and trail uses,
and agree to operate and maintain the Plaza
and Stairway for public access purposes."
Staff further recommends that the Conservancy adopt the
following findings based on the accompanying staff report:
"The State Coastal Conservancy hereby finds that:
1. The proposed Bluff Top Vista Point Plaza and
Beach Access Stairway:
a. is consistent with the purposes and
ohjectivcs of Section 31400 et seq. of the
Public Resources Code regarding coastal
access projects;
b. serves greater than local needs;
C. constitutes the second component of a
Conservancy funded comprehensive access
program for access improvements along
Huntington Beach and is consistent with the
Conservancy's Access Standards and Program
Crf teria; and
d. is consistent with the certified City of
Huntington Beach Local Coastal Program and
with. relevant Cotistal act policies; and
2. The Conservancy has considered the environmental
impacts of the proposed project as described in
the Negative Declaration issued by the City of
Huntington Beach on September 11, 1986 and
attached as Exhibit 3 and concurs that the
C2
project will have no significant environmental
effects, as defined in Title 14, Section 15382
of the California Administrative Code. "
STAFF DISCUSSION:
Project Summary- The City of Huntington Beach has a population of 184 ,300
people, but pro ides recreational opportunities for
millions of Californians and out-of-state visitors
annually. The beaches are located along the central
Orange County coastline, serving a regional population of
over 8 million people. A world surfing championship at
Huntington Beach attracts naties. - 1 and international
visitors each year. Existing accessways and shoreline
amenities are used to capacity during the busy suww r
months. The City has made an active effort to keep pace
with the demand by developing new accessways and
recreational features, however gaps are present in the
City's system of shoreline accessways.
Such a gap exists at Twentieth and Pacific Coast Highway
(PCH) . Despite the absence of formal access and the
presence of steep eroding bluffs, visitors have been
scrambling down the slope, imperiling their safety and
further eroding the slopes. The proposed grant would
assist the City in developing a Bluff Top Vista Point
Plaza and Beach Access Stairway at 20th and PCH (Exhibit
!) . The Plaza , easily accessible from the adjacent eke
path and PCH, would provide a landscaped vista point and a
northern extension to the existing Bluff Top Park. The
Stairway would provide safe access to the beach and
prevent further erosion o' tP- slopes and bluff.
The City has secured a S7a,000 grant from Orange County
which more than matches the Conservancy request of
$44,968. T`:e design and engineering plans have been
prepared by the City and construction is scheduled to
begin immediately upon receipt of the Conservancy grant
funds .
Project History- The City has been actively involved in enhancing
recreational opportunities along the bluff tops north of
the Huntington bt:vch Pier. Existing accessways are shown
on Exhibit 2. Tt;e Bluff Top Park between Goldenwest and
NintE Streefs was initiated by the City to improve the
appearance of the bluff area , remove safety hazards, and
provide vertical and lateral access to the beach. In
1981, the bike path. along the blufftops was completed and
enjoys a great deal of use. Removal of the oil pipelines
along the bluffs, required of Aminoil and Chevron by City
ordinance, was completed in 1982. Construction of five
accessways at Plinth, Eleventh. Fourteenth, Seventeenth.
and Goldenwest were funded with ► "nnservbncy grant in
1982. Public and private contriL..cions provided landscape
improvements. The Bluff Top Park was completed in 19B4
0
and provides active and passive recreational
opportunities, scenic vistas, and access to the beach.
Site De-.cription- The project site is located at Twentieth Street, just
north of the Huntington Beach Pier and the downtown
redevelopment area Exhibit 2) . For years , the Huntington
Beach coastline northeast of the Pier was characterized by
barren eroding bluffs scarred with old oil pipelines ,
broken glass , and litter. Over the years , the City has
gradually enhanced this area , developing a bike path along
Pacific Coast Highway and constructing Bluff Top Park
between Goldenwest and Ninth Streets. The City is now
anxious to extend these improvements northward.
Presently, safe vertical access is provided from Pacific
Coast Highway to the beach at Seventeenth and Goldenwest
Streets only, a distance of over one quarter mile.
Nonetheless, people scramble down the bluff at Twentieth
Street, endangering themselves , eroding the slopes , and
denuding vegetation. The tremendous use received by
Huntington Beach warrants the construction of a Olaza and
Stairway to fill in this gap and provide safe access.
Project Description: Roth the Plaza and the Stairway are depicted in Exhibit 4.
Access would be easily obtained to the the Plaza rom
Pacific Coast Highway and the beach bike trail paralleling
PCH. Parking is available along Pacific Coast Highway and
in the adjacent residential area. The Plaza will be paved
with interlocking concrete pavers and landscaped with
appropriate vegetation. Site furniture will include
benches, drinking fountain, bike racks , telephone ,
sculpture, trash cans , and night lighting. As conditioned
herein handicapped access will be provided to the Plaza by
curb cuts along Pacific Coast Highway.
The Stairway will lead directly from the Plaza down to the
beach. It incorporates an existing oil pipe chase landing
into the design. Construction of the Stairway will
provide safe access from the Plaza to the beach and will
protect the fragile and eroding bluffs from any further
erosion caused by people scrambling down the slope. The
City will also construct a retaining wall to halt erosion
and stabilize the slope by restoring denuded vegetation.
The City has already completed the design and engineering
work for the project. If the Conservancy grant funds are
approved, the City expects to bid the project in early
January 1987 and complete the project by July 1987.
Project Financing: The total cost of the protect is estimated at $119,968. A
major share of the funding will be provided by Orange
County. The Conseriancy's portion of the development cost
could be $44.9063. A preliminary project budget and the
project' s funding sources are presented below:
C4
. 3
Project Costs
Bluff Top Vista Point
and
Beach Access Stairway
County Conservancy Subtotal
DESIGN b ENGINEERING 11 ,733 0 S 11 ,733
SITE CONSTRUCTION
Mobilization 10000
Asphalt & Concrete Paving 186550
Curb b Gutter 855
Railing, Stairway b Wall 3 602 44 968
TOTAL 9 $ S 68,975
GRADING b DRAINAGE 20000 0 $ 21000
UTILITIES 5,O00 0 $ 59000
SITE 2RENITIES
Ek nches 99000 0
Trash Cans 400 0
Traffic Bollards 29460 0
Telephone b Bike Rack 29500 0
Landscaping b Irrigation 139,900 0 130450
Drinking Fountain 4 000 0
TOTAL $32,260
GRAND TOTAL $75,0O0 $446968 $119,968
PROJECT SUPPORT: The City of Huntington Beach' s access grant application is
well supported. Letters of support will be hand carried
to the Board meeting.
CONSISTENCY WITH
CONSERVANCY LEG?SLATION: The Conservancy is authorized under Chapter 9, Division 21
of the Public Resources Code to award grants to any public
agency for the development of coastal accessways and
related facilities. The Conservancy may provide up to the
total cost of the initial development of the accessway
(Section 31400.2) .
CONSISTENCY WITH
CONSERVANCY'S ACCESS
PROGRAM GUIDELINES: Serves Greater than Local Need
The City of Huntington Beach has a population of 164,30n.
The population within a fifty mile radius of the project
C5
site is about 9 million. The beaches in Huntington Beach
are known throughout southern California as well as
nationally and internationally for prime sunbathing and
surfing opportunities and are a regional resource. A
world surfing championship takes place near tie project
site every year.
Consistency with Local Coastal Program
The certifed City of Huntington Beach Local Coastal
Program calls for providing the maximum public access to
the beach and increasing the safety of beach access along
t!,e bluffs north of ninth Street, the area covered by this
authorization.
Consistency with Access Standards
The Plaza and Stairway would be consistent with applicable
access standards, and particularly with standards 1
(safety and location) , 2 (diminishment of natural hazard) ,
7 (vertical accessways) , and 9 (scenic overlooks) .
Unavailabiltiy of Funding
The City has secured funding from Orange County. The
Conservancy' s share of Oe project cost would be less than
half the total amount.
The City of Huntington Ceach has approved a resolution
requesting Conservancy grL,nt funds and agreed to the list
of assurances contained in the Conservancy' s Access
Program guidelines (Exhibit 5) .
Increased Access
The Plaza will enable visitors to visually enjoy the
shoreline area from atop the bluff. The beach 1s
currently accessible to the public if they are willing to
scale the bluff. The Stairway will provide safe access
for all beachgoers thereby expanding its availability to
the �. rneral public.
California Conservation Corps
The City has contacted the Conservation Corps and the
Corps has expressed an interest in working on the project.
The Corps is currently reviewing plans for the project.
Their participation will be subject to are agreement
between the Corps and the City as approved by the
Executive Officer of the Conservancy. The grant amount
will be adjusted based on this approved agreement.
C6
SELECTION CRITERIA
1) Urgency
Current access to the beach is down a steep and eroding
bluff which presents a public hazard. Construction of the
stairway will provide a safe transit to the beach and
prevent further erosion of the bluff. In addition, the
availability of the matching grant money could be lost is
the Conservancy's access grant is not approved.
2) Innovation and Design Excellence
The vista point and stairway improvements are innovatively
designed to deal with specific site constraints such as
existing oil extraction hardware. An existing oil pipe
chase landing will be incorporated into the Stairway
design. The tiered design of the vista oint allows for
an unobstructed view of the ocean from the benches. An
existing oil pipe line chase that crosses the stairway
will be built into the stairway design. Future
interpretive displays will depict geograp:0 c and
historical features , such as the oil industry' s presence
on the site.
3) Cost Effectivenpss
The City anticipates about 10 million visitors over the
lifetime of the project; thus the primary goal is to
create an accessway that wil ' be durable, permanent, and
cost effective. The life expectancy of the project will
be at least 40 years.
4) Time of Completion
The City expects completion of the project within 9 months
of the award of the Conservancy grant funds.
5) Comprehensive Programs
The City has already completed the construction of several
beach accessways along Pacific Coast Highway. This site
represents a gap in the system of vertical beach
accessways along Huntington Beach and is being used
informally by people scrambling down the eroding bluff.
Construction of this accessway will complete the City' s
comprehensive access program for this heavily used beach.
CONSISTENCY WITH
COASTAL ACT: The proposed project is consistent with the public access
policies of the Coastal fct (Section 30210 et„ seq. and
30212.5) , which state that waxino public access and
recreational opportunities shall be provided for ;ill
people consistent with public safety needs.
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MWINGTON BUCH C41FORNIA Vicin" Ma
PLANNING DIVISION
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Aft Aft
City of Huntington Beach
Grant No. 86-027-86-071
Page Seven
For purposes of this Agreement, "operations costs" include direct charges
incurred for material and labor needed to operate the Project, utilities ,
insurance, and expenses necessary to produce gross revenues. "Maintenance
costs" include ordinary repairs and replacements of a recurring nature
necessary to prolong the life of capital assets and basic structures, and the
expenditure of funds necessary to replace or reconstruct capital assets or
basic structures.
LIABILITY
The Grantee shall be responsible for, indemnify and save harmless the
Conservancy, its officers, agents and Employees from any and all liabilities ,
claims, demands, damages or costs resulting from, growing out of, or in any way
connected with or incident to this Agreement, except for active negligence of
i the Conservancy, its officers , agents or employees. The duty of the Grantee
to indemnify and save harmless includes the duties to defend as set forth in
Civil Code Section 2778. This agreement supersedes Grantee' s right as a public
entity to indemnity (see Gov. Code Section 895.2) and contribution ( see
Gov. Code Section 895.6) as set forth in Gov. Code Section 895.4.
The Grantee waives any and all rights to any type of express or implied
indemnity or right of contribution from the State, its officers , agents or
employees , for any liability resulting from, growing out of, o: in any way
connected with or incident to this Agreement.
AUDITS/ACCOUNTING/RECORDS
The Grantee shall maintain satisfactory financial accounts , documents, and
records relating to the construction of the Project. The accounts , documents ,
and records relating to construction of the Project shall be retained by the
Grantee for three years following the date of final disbursement by the
Conservancy under this Agreement, and shall be subject to examination and audit
by the Auditor General during this period. The Grantee may use any accounting
system which follows the guidelines of "Generally Accepted Accounting
Practices" published by the American Institute of Certified Public Accountants.
i
NONDISCRIMINATION
During the performance of this Agreement, the Grantee and its subcontractors
shall not unlawfully discriminate against my employee or applicant for
employment because of race, religion, color, national origin, ancestry,
w
4
1
0
CITY OF HUNT1NGTON BEACH
INITIAL STUDY OF ENVIRONMENTAL IMPACTS �� 1�]/
I . BACKGROUND
1 . Applicant _rjlx f Hlinttnntan tech 2. Address 2000 Main Street
_3. Telephone ( 714 36-SZ7t
�1. Project Location p�,� is Coyest HWy across from 20th Street
5. Project Title/Description � n! r�_t n 31uff Tap Vista Plaza
b. Date a ,l,��; t%,
11 . ENVIRONMENTAL IMPACTS: (Explanations of all "Yes" and "Maybe" answers are requirec
on attached sheet).
1 . P�sical Environment : Will the project have a significant impact on the physical
environment -witi respect to: a ) hydrology, b) air quality, c) geology, d) flora anic
fauna , e) noise, f) archaeological/historical . Yes Maybe No yL Oth.,er
2. I act of Environment on Project: Will the protect be subject to impacts frog, the
surrounding env ronment. .e. , natural environment; manmade environment. Yes
Maybe _ No
3. Im acts on Public Services : Will the project have a significant impact upon, or re-
sult in a neo�r a new or altered government service in any of the following
areas : fire, police, schools, parks or other governmental agencies . Yes
Maybe No
4. Impacts on Traffic/Circulation: Will project result in substantial vehicular move-
ment , or impact surroundi—ng—FTrculation system, or increase traffic hazard? Yes
Ma vbe No ,L
5. Will the project result in a substantial alteration or have a negative affect on
the existing: land use, population/housring , energy/utilities , natural rescurces,
human health? Yes Maybe No �(
(J. Other potential environmental impacts not discussed above (see attached sheet ) .
11I . OTHER RESPONSIBLE AGENCIES AND/OR PERSONS CONTACTED
(,)') See Attached ( ) Not '.,,pl icable
IV. MANDATORY FINDINGS OF 5?GNIFICANCE : /
1 . Will project degrade quality of environment? Yes _ Maybe ,-,,,_ No V
2. Will project achieve short-term goals to the disadvantage of long-term environmental
goals? Yes Maybe No �.
3. Does the project have impacts which ark individually limited but cumulatively
considerable? Yes MaybeNo 7/
4 . Will the project advers ly affect human beings either directly or indirectly?
Yes Maybe No
V. OETERMI"IATION � ��
( �) Negative Declaration -
IMGETV►"1
t ) Negative Declaration With Mitigation
SEP 10 $°Z r
( } Environmental Impact Report � ►IT
AVII
07 /
DATE l.{,1 ( SIGNATURE
C) 1
City of Huntington Beach
Grant No. 86-027-86-071
Page Five
COSTS AND DISBURSLWKTS
Upon determination by the Conservancy that all "CONDITIONS PRECEDENT TO
CONSTRUCTION AND DISBURSEMENT" have been fully met, tfi_e Zonservancy agrees to
s urse to the Grantee, in accordance with the approved Project budget, a
total amount not to exceed forty-four thousand nine hundred sixty-eight dollars
($44,968) .
Disbursements shall be made on the basis of costs incurred, less ten percent.
Disbursement of the ten percent (10%) so withheld shall be made upon
satisfactory completion of the Project and submission of a fully executed final
Request for Disbursement form (Exhibit C hereto) .
The Grantee shall request disbursement no more frequently than monthly by
filing with the Conservancy fully executed "Request for Disbursement" forms
which contain the name and address of the Grantee, the number of this
Agreement, the date of the submittal , the amount of the invoice, the period
during which the work was actually done, an itemized description of all work
done for which disbursement is requested, and the signature o7 an official
authorized by the Grantee to sign such invoices. Additionally, each form shall
be accompanied by any supporting invoices or other source documents from
sub-contractors hired by the Grantee to complete any portion of the Project
funded under this Agreement, and shall be accompanieu by written substantiation
of completion of the portion of the Project for which disbursement is
requested. 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
all deficiencies in the form are rectified.
EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS
The Grantee shall expend funds in the manner described in the Project budget.
The allocation of the Conservancy' s total grant among various items contained
In such budget may vary by as much as ten percent (IC%) without approval by the
Executive Officer. Any difference in the allocation among budget items of over
ten percent must be approved in writing by the Executive Officer. The
Conservancy may withhold payment for changes in particular budget items which
exceed the amount allocated in the Project budget by more than ten percent and
which have not received the approval required above. The total amount of this
grant may not be increased except by amendment to this Agreement, and any
increase in the funding for any particular budget item shall mean a decrease in
the funding for one or more other budget items unless there is an amendment to
this Agreement.
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a slatrwaf to the beach, a Minking fountain, bike rec. grid Irirphor.e.
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City of Huntington Beach
Grant No. 86-027-86-071
Page Three
BONDING
In the event that the Grantee intends to use any sub-contractors) other than
the Corps to complete the construction of any portion of the Project to be
funded under this Agreement, construction shall not commence until such
sub-contractors) has furnished a performance bond in favor of the Conservancy
and the Grantee, in the following amounts: for faithful performance, one
hundred percent R00%)
00%) of the contract value, and for labor and materials, one
hundred percent of the contract value.
SIGNING
In addition to the other Project components described herein, the Grantee shall ,
erect signs visible from the nearest public roadway directing the public to the
Project. In addition, the Grantee shall put up plaques acknowledging
Conservancy assistance; such plaquc� shall be provided by the Conservancy to
the Grantee for this purpose. Plans describing the number, design, placement,
and wording or such signs and plaques shall be submitted to the Conservancy for
review and written approval prior to construction of the Project. Final
reimbursement may be withheld by the Conservancy pending placement of the signs
and plaques in the .manner approved by the Conservancy.
PROJECT COMPLETION
Upon completion of the Project, the Grantee shall supply the Conservancy with
evidence of such completion by submitting a final report which includes: (1 )
an inspection report by the Grantee's Public Works Director certifying
completion of the Project according to the approved Work Program; (2) a fully
executed final "Request for Reimbursement of Expenditures" form (Exhibit C) ;
and (3) "as built" drawings of the completed Project.
CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT
No construction shall be undertaken and no disbursement of funds shall be made
under this Agreement, until the following conditions have been met:
( 1) A Resolution has been adopted by the City of Huntington Beach of the
Grantee authorizing the execution of and approving terms and conditions of this
Agreement.
RESOLUTION NO. 5595
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING THE APPLI-
CATION AND ASSURANCES FOR GRANT FUNDS UNDER THE
COASTAL CONSE WANCY ACCESS GRAh:'S PROGRAM
FOR THE BLUFFTOP ACCESSwAY
WHEREAS , the Legislature has established the State Coastal
Conservancy ( pursuant to Puolic Resources Code 31000- 31400 ) and
authorized it to award grants to local public agencies for the
acquisition and development of coastal accessways ; and
The grants are awarded pursuant to Guidelines estatlished by
the Coastal Conservancy for determination of project eligicility
for funds ; and
Said orocedures established ry the Coastal Conservancy
re_::ire the applicant to certify dy .resolution the approvni of
applications and listed assurances prior to s::bc: ssion of said
applications to the State ;
flow , THEREFORE , BE IT RESOLVED that the City Council hereby :
1 . Approves the filing of an application for fundinc under
the State Coastal Conservancy ' s Access Grants Program; and
2 . Certifies that said agency agrees to the artac.hed list
of Assurances ;
3 . Certifies that said agency has or will have sufficient
funds to operate and a-&intain the project ( s ) funded under this
program;
C15
L'.57 or Assumq:rs
The applicant hereby assures and certifies that it will comply with Conservan-y
reg•::atxons, and requirazents as they relate to the
acceitance and use of Conservancy funds for this protect. Also, the &ppiicant
gives assurance and ce.of iec with respect to the grant that:
1 . It possesses legal authority to apply for the grant, and to finance an!
construct the proposed facxli:.:est the*.- , where approp.-late, a resolution,
moton or nLmilar action has been 3uly adopted or pansrd as an of::cial act o_"
the applicant's pevarning body, authorizing the filing of the ap+:.icatic•.,
including all understandings and assurances contained therein, and directing
and authorizing the person identified as the offic' al representative of the
applicant to act in connection with the application and to provide such
adr.:tionzl informAt:on as suy be required.
2. It will have sufficient funds available to met its own share of the cost
for proju ts. Sufficient funds will be avall.abl.e when the project is cocpleted
to asauxe the effective operation aid uAimteaance of the facility for the
pu_roses constructed.
3. It bolds sufficient t4tl.e or intere,,,t in t_he property to enable it to
=der lake lavf u: development and construction of the project. Except in rtic
case where the Grantee is acquiring an interest in the p.ope:ty as a part o!
t_'ie proje~ development such title documentation shall be rev_eved by the
Exec•-txve 4:_:cer of the Conservancy. .
d. It v111 not d::spose of or encuzber its title or other interests in V. e
site and :acill :es except as per:..t-ted by the Conaervancy.
S. It will give the Conser-wancy, through any authorized representative,
access to and the right to exar.:te all records, books , papars, or documents
related to the grant.
6. It. will esuse work of the project to be etzmenced withi-i a raas;+na!�le t Xe
after receipt of notification from: the Conservancy that funds havae bt:e
arproved amd that the protect will he carried to completion wit!: ceascnetle
d.ili Bence.
7. . It will , where appropriate, emply with the requirements of the Sta;e' a
Dr althwalte Act (Chapter 1574, Sta tutea of 1971 and related statutes ) , which
provides for fair aad equitable treatment of displaced persons.
8. It will , where appropriate, cacply with the requiraments of the Cal:fo.:*..a
Stviro:aenta; Qua:.i ty ]act.
9. ;t will ewap:y with all req-reatnts imposed by the Conserra.ncy conca:zi:ny
sp•a:ial provisions of law, and prograa requirements.
Cof Nile
ti
EXHIBIT p
INDF-KNIFICATION AND STANDARD PROVISIONS
1. The Grantee agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing
or resulting to any and all contractors, subcontractors, materialmen,
laborers and any other person, firm or corporation furnishing or supplying
work, sarvices , materials or supplies in connection with the performance
of this contract, and from any and all claims and losses accruing or
resulting to any person, firm or corporation who may be injured or damaged
by the Grantee in the performance of this contract.
2. The Grantee, and the agents and employees of the Grantee, in the
performance of this Agreement, shall act in an independent capacity and
not as officers or employees or agents of the State of rrlifornia.
3. The State may terminate this Agreement and be relieved of the payment of
any consideration to the Grantee should the Grantee fail to perform the
covenants herein contained at the time and in the manner herein provided.
In the event of ouch termination the Sate may proceed with the work in
any manner deemed proper by the State. The cost to the State shall be
deducted from any sum due the Grantee under this Agreement, dnd the
balance, if any, shall be paid the Grantee upon demand.
4. Without the written consent of the State, this Agreement is not assignable
by the Grantee either in whole or in part.
5. Time is the essence of this Agreement.
6. No alteration or variation of the terms of this contract shall be valid
unless made in writing and signed by the parties hereto, and no oral
understanding or agreement not incorporated herein, rhall be binding on
any of the parties hereto.
7. The consideration to be paid the Grantee, as provided herein, shall be in
compensation for all of the Grante"'u expenses incLrred in the
perforemance hereof, including travel and per diem, unless otherwise
expressly so provided.
1.
REQUEST FOR DISOURSEKENT Date:
EXHIBIT U
Page 1 To.
STATE COASTAL CONSERVAMCy
1330 BROMW.;Y, SUITE 1100
OdUCLA D, CA 94512
From:
Grantees
Addreass
Period Covereds
Grant Numbers
Total
{approved Cost of Previously Total
Budgeted Project Reported Costs
Budget Ilea Amount This Period Costs To Date
(I) (2) (3)
Materials i Equipment
Labor costs
Sub-Contracts
Other
Total
Conservancy Share
Local or Other Share
Grant Status:
Total Conservancy Share of Costs This Period . . . .. . . .. . . S e
Less Ton Percent (10%) Withheld. . . ... . ... . .. .. . . . . .. .. .. S
Grant Disbursement Currently Requested.. .. .. .. .. .. .. .. . S
Source documents and records of payment pertinent
'Should agree with Column 2, Cor_sarvivicy share of Costa this period to disburnerents requested Are available for audit.
These amount.- have been entered-into accounting
recordr under my jurisdiction.
Signed:
Fiscal Agent (Title)
s
V.
EXHIBIT g
LIST OF ASSURANCES
The applicant hereby assures and certifies that it will comply with Conservancy
regulations, policies, guidelines and requirements as they relate to the
acceptance and use of Conservancy funds for this project. Also, the applicant
giver assurance and certifies with respect to the grant that:
1. it possesses legal authority to apply for the grant, and to finance and
construct the proposed facilitiesi that where appropriate, a resolution, motion
or similar action has been duly adopted or passed as an official act of t1e
applicant's governing body, authorizing the filing of the application,
including all understandings and assurances contained therein, and directing
and authorizing the person identified as the official representative of the
applicant to act in connection with the application and to provide such
additional information as may be required.
2. It will have su_ff icient funds available to meet its own share of the cost
for projects. Sufficient funde will be available when the project is completed
to assure the effective operation dnd maintenance of the facility for the
purposes constructed.
3. It holds sufficient title or interest in the property to enable it to
undertake lawful development and construction of the project. In the case
where the Grantee is acquiring an interest in the property as a part of the
project development such title documentaiton uhall be reviewed by the Executive
Officer of the Conservancy.
4. It wil) not dispose of or encumber its title or other interestu in the site
and facilities except as permitted by the Conservancy.
S. It will give the Conservancy, through any authorized representative,
access to and the right to examine all records, books, papers, or documents
related to the grant.
6. it will cause work on the project to be commenced within a reasonable time
after receipt o: notification from the Conservancy that funds have been
approved and that the project will be carried to completion With reasonable
diligence.
7. It will, where appropriate, comply with the requirements of the State's
Braithwaite Act (Chapter 1574, Statutes of 1971 and related statutes) , which
provides for fair and equitable treatment of displaced persons.
S. It will, where appropriate, comply with the requirements of the California
tnvirommnntal Quality Act.
9r It will comply with all requirements imAosed by the Conservancy concerning
special provisions of law, and program requirements.
ii
AOL
NORK TRAIISMITTAL
Date: 71U r 6 6 Contract , 0 1.,7
���� Project File �: &6 - 0'7 (
Submitted by: _f_•-�
Grantee/Contractor Name:
Project Name: 74- '` 5frfta - A-C%NsCL�
Amount to be encumbered: . �� 6 •�
i
Program: &44A.&5 r Proposed Budget Item: 3760- 301 - 730
Fund A Category:
Conservancy ( '84 Bond) Fish b Wildlife Other
apita Outlay sec. a oc, Assist. isec. , support,
S.F. Bay (sec. b) Coastal Zone pre-project,
Urban Waterfronts S.F. Bay consul . A prof. )
Other Bay Vital Outlay (sec. 2)
(sec. c)
Expected date ,)f Board authorization (if necessary) : QcWwx,, kb )tqab
Proposed term of Agreement ( start and completion dates) : 10 ( t(. ( t4 �,- 10/1(,/ t y
Proposed terms of payment (consultant rates, by tasks , at project completion) :
Reimbursement features ( if any) :
Total $ Amt. to Fur., > of er od $ Amt. Payment Due deports
repay to SCC Payme;i - ( if any) due on
Comments: ASAP, Please expedite, HELPI , etc. -- and why.
Contracts Register: Publication Date: Bid Opening Date:
RFP/IFB/Request for Statement of Qualifi a ns ttached (yes, no, or n/a) :
-------------------------------- ------..-----------------------------
PROGRAM MAKPMR Authorization:
LEGAL review:
ACCOUNTING certification of fund ava lab l i ty: ,� r' ?/,f -•._
EXECUTIYE OFFICER Authorization;
ACCOUIMNG encumbrance of funds: . `
•4� �b
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