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HomeMy WebLinkAboutSTATE COASTAL CONSERVANCY - 1990-08-20 STATE OF CALIFORNIA--THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor CALIFORNIA STATE COASTAL CONSERVANCY tA 1330 BROADWAY, SUITE 1100 1 OAKLAND, CA 94612 ATSS 561-1015 ~ " TELEPHONE 415/464-1015 November 19, 1990 Mr. Michael Uberuaga City Administrator Civic Center 2000 Main Street, 4th Floor Huntington Beach, Ca 92647 SUBJECT: Agreement No. 90-010 Dear Mr. Uberuaga: Attached for your records is one fully executed copy of the above- referenced agreement. Please continue to contact Marc Beyeler regarding this project, but direct all budgets, invoices, and requested modifications regarding this agreement to me at the above address. Thank you for your attention to these matters. Sincerely, V / Dorothy Walke Contracts Manager enc. :ArE a= CALIPORNIA r . CONTRACT NVMElR AM ND. CONTRACTOR BY THE t STANDARD AGREEMENT --�T RNEY GENERAL 90-01t) ❑ STATE AGENCY S"D a IRE V 7/ge) CONTRACTOR'S STATE I.D.NUMBER ❑ DEPT. OF GEN. SER. ❑ CONTROLLER THIS AGIiEE%IENT, made and entered into this 9 day of?+sqt+s* , 19 AD, ❑ in the State of California. by and between State of California, through its duly elected or appointed, qualified and acting TITLE OF OiFICEF ACT+Nei POR STATE AGENCT Executive Officer State Coastal Conservancy ' City of, Huntington Beach %%'IT\ESSET11. That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hrreinaf ter expressed, does hereby agree to furnish to the State services and materials,as foilow-s: (&•t forth @erl7ce to be rendered by Contractor,amount lobe paid Contractor,time for performance or completion,and attach plans and specif cat@ons,if any SCOPE OF AGREEMENT Pursuant to Chapter 1 of Division 21 of the California Public Resources Code, the State Coastal Conservancy ("the Conservancy") hereby grants to City of Huntington Beach ("the grantee") a sum not to exceed two million dollars ($2,000,000), subject to the terms and conditions of this agreement. These funds shall be used by the grantee to complete the following project ("the project"): Replacement of the City of Huntington Beach Municipal Pier in Orange County. The grantee shall carry out the project in accordance with this agreement and a work program to be approved by the Executive Officer of the Conservancy ("the Executive Officer") pursuant to this agreement. The grantee shall provide any funds beyond those granted under this agreement which are needed to-complete the project. (Continued on the following pages) CONTINUEDL,ON _ SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The pravisions on the reverse side hereof constitute a part of this agreement. 1\ «'ITtiESS IVIIEREOF, this agreement has been executed by the parties hereto,upon the date first above K•ritten. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR r or..EK TmAm AR PaPWKX w�/fA►E W&OTP"•CC 00w root State Co tal n rvancy PAMrlm�@. .VM.) City of Huntington Beach ■r IAVTHOF-zED ,3 ;TU�Pkg) N SI Ax PRIHTiD voAz OP PERSON siom%G MINTID NAME ANb 1 Lz Do Pt^om S1G G p y 'Peter Grenell Ptchael Uberuaga, Citnistrator THE ADDRESS Executive Officer Civic Center, 1000 Main Street, Huntington Beach AMOUNT E'+GUMSERED NY PROGRAM/CATEGORY @CODE AND FVND TITLE THf3 DOCUMENT Deparlment of General Services $ 2,000,000.00 Use Only IOPTfONAL VSEf PRIOR AMOUNT ENCVM■ERED pie Storation I certif that this rant FOR THIS CONTRACT Y M CHAPTER ETATVm PISCALTEAR agreement is exempt from TO'-AL AMC 1 NCUMDZRED I I Department of General Servic TO DATE' OBJECT OF EXPENDITVRE ICODE AND TITLEJ approval. $ 2,000,000.00 Urban Waterfronts !hereby certify upon my own personal knowledge ilia t budgeted funds are T.NA.NO. 0-R.NO. acwilable f6•the period and purpose of the erpendit u►e$14ted above. I 411�� a4� SIGNATVRE OF ACCOUNTING OF"ER DATE 3760-302 - 86(1) (89)-1 , 00,0ce 3760-301-73011; (gp;� 200,000 X �. man City of Huntington Beach Agreement No. 90-010 Page Two CONDITIONS PRECEDENT TO CONSIRUCTION AND DISBURSEMENT The grantee shall not commence construction of the project and the Conservancy shall not be obligated to disburse any funds under this agreement unless and until the following conditions precedent have been met: (1) A resolution has been adapted by the City Council of the grantee authorizing the execution of this agreement and approving its terms and conditions; and (2) The Executive Officer has approved in writing: (a) the work program for the project; (b) plans for the erection of signs and placards as provided in the "SIGNS" section of this agreement; (c) all contractors that the grantee intends to employ in connection with the project. The grantee must provide written evidence to the Conservancy that each such contractor has complied with the bonding requirements described in the "BONDING" section of this agreement; and (3) Written evidence has been provided to the Conservancy: - (a) that all permits and approvals necessary to the completion of the project under applicable local , state and federal laws and regulations have been obtained; (b) that the grantee has provided for liability insurance and an additional insured endorsement, or is self-insured, as described in the "LIABILITY" section of this agreement. (c) that the grantee has provided for fire and other loss insurance as described in the "LOSS INSURANCE" section of this agreement. TERMS OF AGREEMENT This agreement shall be deemed executed and effective when signed by both parties and received in the offices 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 original of this agreement in ink. . City of Huntington Beach Agreement No. 90-010 Page Three TERM OF AGREEMENT (Continued) This agreement shall run from its effective date through June 30, 2012 ("the termination date") unless otherwise terminated or amended as provided in this agreement. AUTHORIZATION The signature of the Executive Officer of the Conservancy on this agreement certifies that at its June 22, 1990 meeting, the Conservancy adopted the resolution included in the staff recommendation attached as Exhibit A. This agreement is executed pursuant to that authorization. • l ! City of Huntington Beach Agreement No. 90-0I0 Page Four Standard Pro dons WORK PROGRAM Prior to beginning construction, the grantee shall submit a detailed work program to the Executive Officer for review and written approval of its consistency with this agreement. The work program shall include: (1) construction plans and specifications which have been certified by a registered architect or engineer, or approved by the grantee's Public Works Director; (2) a schedule of completion for the project specifically listing the completion date for each project component and a final project completion date; and (3) a detailed project budget. The project budget shall describe all labor and materials costs to be incurred to complete 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. The grantee shall review the plans on-site with Conservancy staff. If any portion of the construction to be funded under this agreement will be performed by third parties ("contractors") 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. Prior to final selection, 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 comply with the above paragraph regarding submission and approval of a work program prior to construction. The work program shall have the same force and effect as if included in the text of this agreement. 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 construct the project in accordance with the approved work program. SIGNS The grantee shall erect signs visible from the nearest public roadway directing the public to the project. In addition, the grantee shall erect City of Huntington Beach Agreement No. 90-010 Page Five IGNS (Continued) placards acknowledging Conservancy assistance, unless the grantee incorporates this acknowledgement into other signage in a manner approved by the Executive Officer. The Conservancy shall provide placards to the grantee for this purpose. Plans describing the number, design, placement, and wording of the signs and placards 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 placards in the manner approved by the Conservancy. BONDING If the grantee intends to use any contractor(s) on any portion of the project to be funded under this agreement, construction shall not begin until each such contractor has furnished a performance bond in favor of the Conservancy and the grantee, in the following amounts: for faithful performance, one hundred percent (100%) of the contract value; and for labor and materials, one hundred percent (100:) of the contract value. This requirement shall not apply to any contract for less than $20,000. g05T5_ ND_DISBURS WNTS Upon determination by the Conservancy that all "CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" have been fully met, the Conservancy 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: Disbursements shall be made on the basis of costs incurred to date, less ten percent, upon satisfactory progress in accordance with the approved work program and upon the grantee's submission of a "Request for Disbursement" form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. Disbursement of the ten percent withheld shall be made upon the grantee's satisfactory completion of construction of the project and compliance with the "PROJECT COMPLETION" section of this agreement, and upon the Conservancy's acceptance of the project. The grantee shall request disbursements by filing with the Conservancy fully executed "Request for Disbursement" forms (available from the Conservancy). The grantee shall include on the forms 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 of all work done for which disbursement is requested. The forms shall be signed by an authorized official of the grantee. Each form shall be accompanied by any supporting invoices or other source documents from contractors that the grantee engaged to complete any portion of the project funded under this agreement, and by written substantiation of completion of City of Huntington Beach Agreement No. 90-010 Page Six COSTS AND DISBURSFMENTS (Continued) the portion of the project for which disbursement is requested. With each form the grantee shall also submit a supporting progress report summarizing the current status of the project and comparing it to the status required by the work program (budget, timeline, tasks, etc.). 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. EXPENDIIURE_OF FUND5AND_ALLOCATION QF EUNDING-MNG,EUDGET CMS The grantee shall expend funds in the manner described in the approved project budget. The allocation of the Conservancy's total grant among the items in the project budget may vary by as much as ten percent without approval by the Executive Officer. Any difference of more than 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. 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 Within ninety days of completion of construction of the project, the grantee shall supply the Conservancy with evidence of completion by submitting a final report which includes: (1) an inspection report by a registered architect or engineer or the grantee's Public Works Director certifying completion of the project according to the approved work program; (2) a fully executed final "Request for Disbursement" form; and (3) "as built" drawings of the completed project. Within thirty days of grantee's compliance with this paragraph, the Conservancy shall determine whether the project has been satisfactorily completed. If the Conservancy determines that the project has been satisfactorily completed, 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 of completion. 3 City of Huntington Beach Agreement No. 90-010 Page Seven EARLY TERMINATION AND FAILURE TO PERFORM Prior to the completion of construction of the project, either party may terminate this agreement for any reason by providing the other party with seven days notice in writing. If the Conservancy terminates the agreement prior to the completion of construction, the grantee shall 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-cancelable obligations incurred by the grantee in the performance of this agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this agreement. If 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 MAINTENANCE The grantee shall maintain the facilities and structures constructed as part of the project and shall operate these facilities and structures throughout the term of this agreement consistent with the purposes for which the Conservancy's grant was made. The grantee agrees to assume all operation and maintenance costs of these facilities and structures; the Conservancy shall not be liable for any cost of such maintenance, management, or operation. The grantee may be excused from its obligations for operation and maintenance during the term of this agreement only upon the written approval of the Executive Officer. For purposes of this agreement, "operation costs" include direct costs incurred for material and labor needed for operations, 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. INSPECTION Throughout the tern of this agreement, the Conservancy shall have the right to inspect the project area to ascertain compliance with this agreement. City of Huntington Beach Agreement No. 90-010 Page Eight AZT BILITY The grantee shall be responsible for, indemnify and save harmless the Conservancy, its officers, agents and employees from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to this agreement, except for active negligence of the Conservancy, its officers, agents or employees. The duty of the grantee to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. This agreement supersedes the grantee's right as a public entity to indemnity (see Gov. Code Section 895.2) and contribution (see Gov. Code Section 895.6) as set forth in Gov. Code Section 895.4. The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this agreement. Throughout the term of this agreement, the grantee shall maintain self- insurance for personal injury and property damage liability assumed by the grantee under this agreement. Nothing in this agreement is intended to create in the public or in any member of it rights as a third party beneficiary under this agreement. LOSS INSURANCE Throughout the term of this agreement, the grantee shall provide and maintain self-insurance against fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to this agreement. The Conservancy is not responsible for premiums and assessments on any insurance policy. AUDITSIACCOUNTING/RECORDS The grantee shall maintain standard financial accounts, documents, and records relating to the construction of the project. The grantee shall retain these documents for three years following the date of final disbursement by the Conservancy under this agreement, regardless of the termination date. The documents shall be subject to examination and audit by the Conservancy and 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. 9 City of Huntington Beach Agreement No. 90-0I0 Page Nine NONDISCRIMINATION During the performance of this agreement, the grantee and its contractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex. The grantee and its contractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The grantee and its contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section I2900 et seq.) and the applicable regulations (California Code of Regulations Title 2, Section 7285.0 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations), are incorporated into this agreement. 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. This nondiscrimination clause shall be included in all contracts entered into by the grantee to perform work provided for under this agreement. ,INDEPENDENT CAPACITY The grantee, and the agents and employees of grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. ASSIGNMENT Without the written consent of the State, this agreement is not assignable by the grantee in whole or in part. JIMELINESS Time is of the essence in this agreement. ENDM NT Except as expressly provided in this agreement, no changes in this agreement shall be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties. This agreement is deemed to be entered into in the County of Alameda. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers on the day, month and year first above written. CALIFORNIA STATE COASTAL CITY OF HUNTINGTON BEACH CONSERVANCY a California municipal a Public Agency of the corporation State of California Peter Grenell May Executive Director ATTEST.* -- FPPROVED AS TO FORM: City Clerk City Attorney �,,.Q q-�3-40 - INITIATED, REVIEWED & APPROVED: ity Administrator 10 EXHIBIT A � STATE COASTAL CONSERVANCY Project Summary June 22, 1990 HUNTINGTON BEACH MUNICIPAL PIER File No: 90-028 Project Manager: Marc Beyeler. REQUESTED ACTION: Authorize disbursement to the City of Huntington Beach or two million dollars for replacement of the Huntington Beach Municipal Pier. LOCATION: City of Huntington Beach, Orange County, South Coast District (Exhibit 1) PROJECT CATEGORY: Urban Waterfronts ESTIMATED COST: State Coastal Conservancy $ 2,000,000 County of Orange 1,250,000 City of Iuntington Beach 5,890,710 FEMA 1,100,000 Private/Community Fundraising _2.500.00 . Total Project Cost $12,740,710 PROJECT SUMMARY: The City of Huntington Beach has requested financial assis- tance from the Conservancy to replace the Huntington Beach Municipal Pier. The existing pier structure, damaged on several occasions by severe storms in the past six years, has been closed to the public since July 1988. The city proposes to demolish and reconstruct the pier. The proposed new concrete pier will closely approximate the visual character of the existing pier, and will incorporate the same types and amounts of commercial activity at approximately the same locations. The total estimated project cost for demolition and replace- ment of the pier is $12,740,710. Based on the recommenda- tion of an engineering analysis commissioned by the city in 1988, the city determined that replacing the existing pier structure is the most feasible option because of the extent of structural deterioration, vulnerability of the structure to both storm and seismic events, and the fact that very little of the original surface of the structural elements would remain unaltered after needed repairs. The proposed 1,830-foot-long replacement pier will approxi- mate the historical and visual appearance of the existing pier. The pier is an important local and regional recreational resource, providing important public access and recreation opportunities, including free public fishing. The commercial A-1 uses will be of the same type, approximately the same size, and in aproximately the same locations as on the existing pier. The total deck area will be increased less than 5,000 square feet. The seaward end of the replacement pier will be approximately 13 feet higher than the existing pier in order to eliminate wave overtopping and damage. The dia- mond shape of the deck platforms, rather than a rectangular shape, will be the only significant design difference. The new pier will have an expected service life of 75 years. A-2 STATE COASTAL CONSERVANCY Staff Recommendation June 22, 1990 HUNTINGTON BEACH MUNICIPAL PIER File No.: 90-028 Project Manager: Marc Beyeler STAFF RECOMMENDATION: The staff recommends that the Conservancy adopt the fol- lowing resolution pursuant to Sections 31300-31313 of the Public Resources Code: "The State Coastal Conservancy hereby authorizes disbursement to the City of Huntington Beach of an amount not to exceed two million dollars ($2,000,000) for replacement of the Huntington Beach Municipal Pier, subject to the following conditions: 1., Prior, to the disbursement of any funds, the grantee shall submit for the review and approval of the Executive Officer a detailed work program, project budget and schedule, evidence .of all necessary permits, and plans for the placement of signs; and 2. The grantee shall maintain and operate the Hun- tington Beach Municipal Pier for public access and recreational use throughout the life the facility." Staff further recommends that the Conservancy adopt the following findings in support of this resolution, on the basis of the analysis and exhibits provided in this staff report: "The State Coastal Conservancy hereby finds that: " 1. The proposed pier project is consistent with the purposes and criteria set forth in Chapter 7 of the Public Resources Code (31300-31315) regarding the implementation of waterfront projects; 2. The proposed project is consistent with the guidelines and criteria set forth in the Conser- vancy's Urban Waterfront Program Announcement; and 3. The Conservancy has reviewed the Final Environ- mental Impact Report prepared by the grantee (Exhibit 3 of the accompanying staff report), pursuant to its responsibilities under 14 Cal. Code of Regulations Section 15096, and finds that A-3 (a) Changes or alterations have been incorpora- ted into the project to avoid, reduce or mitigate the significant environmental effects identified in Exhibit 3; and (b) , Although significant adverse impacts on his- torical resources will occur and cannot feasibly be avoided or reduced, the benefits of the project in providing cost-effective public access to a major local and regional recreational resource, consistent with seismic criteria and flood protection, outweigh the unavoidable adverse environmental effect and constitute an overriding consideration, pursuant to 14 Cal. Code of Regulations Section 15093" STAFF DISCUSSION: Project History- The Huntington Beach Municipal Pier, originally built in 1914, has suffered severe damage from the numerous storms experienced along the southern California coast in the past eight years. As a result of the most recent storm damage the pier was closed due to structural deterioration in July of 1988. The pier has been an important local and regional public access and recreational resource, providing free, public access and public fishing to millions of visitors annually. The City commissioned a full engineering analysis of the pier in 1988. As a result of the recommendations from this analysis, the City determined that replacing the existing pier structure is the most feasible option because of the extent of structural deterioration, vulnerability of the structure to both storm and .seismic events, and the fact that very little of the original 'surface of the structural elements would remain unaltered after needed repairs. Project Description- The City of Huntington Beach has requested that the Con- servancy provide financial assistance to replace the munici- pal pier. The proposed 1,830-foot-long replacement pier will approximate the historical and visual appearance of the existing pier. The new concrete pier structure will provide public access and public recreational opportunities equal to the previous pier facilities. The commercial uses will be of the same type, approximately the same size, and in approxi- mately the same location as on the existing pier. The total deck area will be increased from 65,205 square feet to 69,752 square feet, and the seaward end of the replacement pier will be approximately 13 feet higher than the existing pief in order to,eliminate wave overtopping and damage. The diamond shape of the deck platforms, rather than a rectan- gular shape, will be the only significant design difference. The new pier will have an expected service life of 75 years (Exhibit 2). A-4 It PROJECT FINANCING: The City currently faces a pier replacement cost totalling $12,740,710. A new pier constructed of reinforced concrete, with precast prestressed concrete piles, similar in appear- ance and length to the existing pier, is estimated to cost approximately $12,740,710 to design and construct. Funds for pier replacement will come from a variety of sources, inclu- ding funds committed by the City of Huntington Beach, the County of Orange, the Federal Emergency Management Agency, and private community fundraising. Revenues which will be derived from the proposed modest pier commercial development will be needed to cover the costs of pier operation and maintenance and are not avail- able to repay the Conservancy funds.in this case. State Coastal Conservancy $ 2,000,000 County of Orange 1,250,000 City of Huntington Beach 5,890,710 FEMA 1,100,000 Private/Community Fundraising 2,500,000 Total Project Cost $12,740,710 CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION: Under Chapter 7 of Division 21 of the Public Resources Code, the Conservancy is authorized to make grants to local public agencies for restoration of urban coastal waterfront areas. The proposed Conservancy action is consistent with Public Resources Code Sections 31307 and 31308 which authorize the Conservancy to award grants to local public agencies for the restoration of urban waterfront areas, and allow the Conservancy to provide up to the total cost of any urban waterfront project. The new pier facility will provide important local and re- gional public access and recreational opportunities to mil- lions of annual visitors, including free public fishing. This is consitent with the legislative findings conatined in Public Resources Code Section 31301 in favcor of developing the state's urban waterfronts through the creation of visitor- serving facilities, and the promotion of tourism, public access and private sector development. CONSISTENCY WITH CONSERVANCY'S PROGRAM GUIDELINES: LCP Implementation: Replacement of the Huntington Beach Municipal Pier will provide public access to an important regional recreational facility, consistent with the require- ments of the Huntington Beach LCP. Urgency: Replacement of the municipal pier will allow the demolition of the existing structure, which has been closed since July 1988. A-5 >T Excellence of Design: Replacement of the municipal pier will employ current engineering and construction standards which will minimize any potential damage from coastal storms. Greater than Local Need: The Huntington Beach Municipal Pier is both a local and . regional recreational resource. Annual visitation to the pier exceeds a million users. The pier is also the site of internationally `important surfing events which annually draw thousands of spectators. CONSISTENCY WITH COASTAL ACT AND LOCAL COASTAL PROGRAM Implementation of the proposed pier replacement project is consistent with the public access and recreation policies of the Coastal 'Act (Public Resources Code Sections 30210- 30223), and with specific provisions of the Local Coastal Program of the City of Huntington Beach. The proposed pier development conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. The proposed pier project is consistent with the CZ (Coastal Zone) suffix, the Downtown Specific Plan,'' and other provisions of the Huntington Beach ordi- nance Code applicable to the project. The proposed project will implement the following policies of the Coastal Element of the General Plan: o Protect, encourage, and where feasible, provide visitor- serving facilities in the Coastal Zone that are varied in type and price; o Improve the appearance of visually degraded areas; o Provide for maximum recreational opportunities along City and State beaches; o Require that any plans for the restoration or replace- ment of the pier include the following provisions: (1) areas for recreational fishing and support facili- ties; (2) unobstructed views seaward from the end of the pier; « (3) significant opportunities for unobstructed public views of the ocean and shoreline; (4) pedestrian access as the primary mode of circula- tion on the pier; and (5) a minimum of 50 percent of the total area of the pier as public open space. A-6 CONSISTENCY WITH CEQA: In accordance with the California Environmental Qual-ity Act (CEQA), an Environmental Impact Report (EIR) was prepared to analyze the potential adverse environmental impacts of the project. The environmental impact report discusses potential adverse impacts in the areas of land use, earth resources, air quality, noise, biological resources, cultural/ historic resources, recreation resources, traffic/parking, light and glare, public safety, public services and utilities, hazar- dous materials, navigation, and water quality. The City, as lead agency, has found that through the imple- mentation of the mitigation measures summarized in Exhibit 3, the majority of the potentially adverse impacts associated with the project can be eliminated or reduced to a level of insignificance. The City further found that the benefits to the City from the project override the unmitigable impacts to historic resources as detailed in a Statement of Overrid- ing Considerations, also included in Exbibit 3. Conservancy staff has reviewed the City's Final EIR (con- sisting of the Draft EIR conatined in Exhibit 3, as modified by the Response to Comments and Mitigation Measures adopted by the City, also included in Exhibit 3) and the Statement of Overriding Considerations, adopted by the City (also contained in Exhibit 3). Staff concurs in the" City's determination that the potential adverse impacts of the project (other than impacts to historic resources) have been mitigated to a level of insignificance. With respect to his- torical impacts, the inclusion of mitigation measures requir- ing the preparation of a detailed historical documentary of the pier, memorialization of the pier's history, and design changes to include reconstruction of the pier to as exact as possible the form and detail of the original pier and preser- vation of appropriate remains of the original pier, will substantially lessen the adverse impact. Staff further con- curs with the City's determination that there are no feasible alternatives to the project that would eliminate or reduce to a level of insignificance this impact. On the basis of these facts and determinations, staff therefore recommmends that the Conservancy adopt the findings contained in the staff recommendation. A-7 I~ REGIONAL LOCATION MAP LOS ANGELES COUNTY I t SAN BERNARDINO COUNTY prVErtsce FWY RIVERSIDE ANAk11=1M R ORANGE± COUNTY G EN ROVE pW 3 SANTA ANA f ` TUSTIN ORANGE COUNTY 1 HUNTINGTON 1 BEACH *-'PR EECT � •�CLEYELAHpGO ~~ 1 H-fTWGlM F�'Y •i BEAD-4 IRVINE ♦� PIER NEWPORT BEACH r� ,9 LAGUNA BEACH I a• PACIFIC ANJUAN CA ISTRANgoo L,� ocEAN J SAN DIEGO COUNTY HUNTINGTON BEACH NOT TO SCALE PIER RECONSTRUCTION �N,,,,NG CITY OF HUNTINGTON BEACH ENTER Figure I EXISITNG_ AND PROPOSED ARCHITECTURAL ELEVATIONS lose i! 10 0 N !! N N •a is A �a 1101 t'' i rc Aw••C1• ca 14.11 wt 1 f III �� •SWWrta a01 . 11,70 u 1Y teoa't • _ WAN 1•p•WARM 14.11 ma" [L 76.3••ttr— 1��•M4•�•��V•/•�•�•Y [L 10B uLLr 0•ittW EXISTING rcAW.+u•WARM{•1:wrl is 1/ !! N N aS M A 70 n m a - n wtAa m u AW1 [•[.ant ~ RRN 1 SMA" . [s ►s Is rs s AW111i u [wc [CYA�p ROW[ na.at " t n 7 20.611 Sr 7V HOc N.131 Y ♦!40 y ♦ toss sr ♦ mao!r IORY . IL W Maw— —h b! U. 0 wltr — — — — — •' Ffl-ffl HUNTINGTON BEACH PROPOSED NOT TO SCALE THE PIER RECONSTRUCTION PLANNING CITY OF HUNTINGTON BEACH 00 CENTER •m[>a[571t[7 E no It 111"T at.0•U 9200 lnw 1.to" Figure 3 soma � r EXISTING AND PROPOSED ARCHITECTURAL DESIGN J EXISTING PROPOSED MOTE:FINAL DESM FACTORS NCLUDING LMHT AND AAL YET TO$E AMWVED. HUNTINGTON BEACH NOT TO SCALE PIER RECONSTRUCTION 88 THE PLAANNNG CITY OF HUNTINGTON BEACH FigUr• 4 EXHIBIT 3 FINAL ENVIRONMENTAL IMPACT REPORT Distributed to Board Members only A-11 boo. �a REQUEST FOR CITY COUNCI?ACTION Date August 20 1990 tiS' Submitted to: Honorable Mayor and City Council Members f G0 Submitted b Michael T. Uberuaga, City Administrator Prepared b Richard Barnard, Deputy City Administrator , F y; 0 Gti� AGREEMENT BETWEEN THE CITY AND T TE C T Subject: CONSERVANCY t' Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception —4� Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OFI On May 18, 1990, the California State Coastal Conservancy approved a grant of$2,000,000 to the City for the reconstruction of the Huntington Beach Pier. It is necessary to enter Into a standard agreement with the State Conservancy. RECOMMENDATION: Approve Resolution No.t 309 authorizing the Mayor to execute the agreement between the City and the State Coastal Conservancy. ANALYSIS: As a result of efforts by the City Council to bring State funds to the Huntington Beach Pier Project, the City has been successful in receiving a $2,000,000 grant from the State Coastal Conservancy. As a condition of the grant, the City is required to enter into a standard agreement with the State Coastal Conservancy. Under the provisions of the agreement, the City commits to adopting a resolution which authorizes the execution of the agreement and approves its terms and conditions. The City staff has reviewed the terms and conditions of the agreement and find them acceptable to the City and would recommend approval by the City Council. ND R None required. ALTERNATIVES Do not approve the resolution and the agreement and forgo the State Coastal Conservancy Grant to the City for the pier project. ATTACHMENTS 1. Resolution No. 6.ZOS , to accept $2,000,000 in grant funding from the State Coastal Conservancy to reconstruct the Huntington Beach Municipal Pier. 2. Agreement between the City of Huntington Beach and the State Coastal Conservancy. i RB:lp Plo 5lE5 RESOLUTION NO. 6208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO ACCEPT $2, 000, 000 IN GRANT FUNDING FROM THE STATE COASTAL CONSERVANCY I TO RECONSTRUCT THE HUNTINGTON BEACH MUNICIPAL PIER WHEREAS, the Legislature has established the' State Coastal Conservancy (pursuant to Public Resources code 31000 - 31400) and authorized it to award grants to local public agencies for the development of public recreational facilities; and The grants are awarded pursuant to guidelines established by the Coastal Conservancy for determination of project eligibility for funds; and The State Coastal Conservancy awarded one (1) grant to the City of Huntington Beach to reconstruct the Huntington Beach Municipal Pier; and Said procedures established by the Coastal Conservancy require the applicant to certify by resolution the approval of applications and listed assurances prior to submission of said applications to the State; and The Conservancy requires a resolution from the City Council which authorizes execution of the agreement and approves the terms and conditions, NOW, THEREFORE; the City Council of the City of Huntington Beach, California, hereby finds, determines and resolves as follows : 1. That the city of Huntington Beach agrees to the list of assurances in the contract between the City of Huntington Beach and the State Coastal Conservancy; and 2. That the city of Huntington Beach has or will have :-J sufficient funds to operate and maintain the project funded - 1- under this program; and 3. That the city of Huntington Beach shall provide any funds beyond the grant requested to complete the project funded under this program; and A . That the City Administrator or his Designee is hereby appointed as agent of the City to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, payment requests, and so on, which may be necessary for the completion of the aforementioned project; and 5. That the Mayor is hereby authorized to execute the f agreement between the City and Coastal Conservancy; and 6 . That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered y : r among the original resolutions of said City; and shall make a f minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted. Passed and adopted- by the City Council of the City of Huntington Beach at a regular meetin thereof held on the _20th - day of Au=tR 1990. riayo r "ik&T6ajae ATTEST: APPROVED AS TO FORM: i City Clerk City Attorney pr,rC INITIATED, REVIEWED AND APPROVED oitAdmLinist ator 2 _ t Res, No. 6208 1 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY. 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 members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council i at a regular meeting thereof held on the 20TH - day of August 19 g4 by the following vote- 1 AYES: Councilmembers: 1 _AJ 1 zStir, Winchell. Green, Bannisk&r --Silya. Frsi ,ine NOES: Councilmembers: None ' ABSENT: Councilmembers: i i I Mays i (At y Mer nd ex-o ici er of the City Council of the City of Huntington Beach, California FILL GUIDE Please file this document in:' Category: Label : P� l�o •aD 4F d�t�r La� Is pr I i Established file ✓ hew file -- see Other: 0846I