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AGENDA STAFF REPORT
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DATE: May 23, 2016
TO: Honorable Mayor and Members of the City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Director of Community Development
SUBJECT: AUTHORIZE AN APPLICATION FOR GRANT FUNDS FOR THE
CALIFORNIA COASTAL COMMISSION LCP PLANNING GRANT
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6646 approving the application for
grant funds for the California Coastal Commission LCP Planning Grant.
BACKGROUND AND ANALYSIS:
The California Coastal Commission has made grant funding available to support
local governments to develop or update Local Coastal Programs (LCPs)
pursuant to the California Coastal Act. The purpose of these grants is to support
local governments in developing new LCPs for certification in areas that are not
currently certified, or updating existing certified LCPs to reflect new information
and changed conditions, especially in light of the effects of climate change, in a
manner fully consistent with the policies of the California Coastal Act.
Staff has prepared an application in response to the California Coastal
Commission LCP Planning Grant Program Announcement because the City of
Seal Beach does not have a certified Local Coastal Program. The application
requests a grant amount of $200,000 from the California Coastal Commission. If
awarded, staff proposes to utilize the grant funds to hire a consultant
experienced in preparing Local Coastal Programs. The grant application includes
a work program that details a heavy focus on early involvement with Coastal
Commission staff and community outreach throughout the development of the
Local Coastal Program.
The attached Resolution provides the California Coastal Commission with
confirmation that the City Council is aware of the application and approves of
staff's request of grant funds for the Seal Beach Local Coastal Program. The
Resolution authorizes the Community Development Director of the City of Seal
Beach to sign and submit the application on behalf of the City of Seal Beach. In
the event that the City is awarded a grant from the California Coastal
Commission, the Resolution authorizes the City Manager to sign a contract
agreement accepting funding from the California Coastal Commission. The
California Coastal Commission standard agreement form is included as
Attachment B to this staff report.
Agenda Item H
ENVIRONMENTAL IMPACT:
The proposed submittal of the grant application does not constitute a project and
therefore is exempt from the State of California Environmental Quality Act
(CEQA) Guidelines pursuant to Section 15060. However, if the City is awarded a
grant, then the Planning Division would proceed with the preparation of an Initial
Study as required by CEQA Section 15063 to determine if the project may have a
significant effect on the environment. The proposed submittal of the application
will not involve any development or change to the physical environment and
therefore, no further review under CEQA is warranted or necessary.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the Resolution as to form.
FINANCIAL IMPACT:
If awarded grant funds in the amount of $200,000 from the California Coastal
Commission, staff would then contribute up to $80,000 from Capital Improvement
Program Funds (Project No. BP1102) resulting in a total cost of up to $280,000
for the creation, adoption, and certification of the Local Coastal Program.
RECOMMENDATION:
That the City Council adopt Resolution 6646 approving the application for grant
funds for the California Coastal Commission LCP Planning Grant.
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SUB ITTED Y: NOTED AND APPROVED:
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Basham, 1 '. Ingram, City Mager
Director of Community Development
Attachment:
A. Resolution No. 6646
B. Coastal Commission Sample Contract
Page 2
Attachment "A"
RESOLUTION NUMBER 6646
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE APPLICATION FOR GRANT FUNDS
FOR THE CALIFORNIA COASTAL COMMISSION LCP
PLANNING GRANT UNDER THE BUDGET ACT OF 2015
WHEREAS, the Budget Act of 2015 provides $3 million for Coastal Commission grants
in FY 15-16 to local governments to support Local Coastal Program (LCP) planning,
and
WHEREAS, the California Coastal Commission, under the authority of the California
Coastal Act, may provide financial assistance to support coastal planning and has
approved a competitive grant program to provide such financial assistance for LCP
planning; and
WHEREAS, the goal of the grant program is to develop new or updated LCPs in
conformance with the California Coastal Act and to reflect current circumstances and
new scientific information, including new understandings and concern for the effects of
climate change, and
WHEREAS, grant proposals submitted under this grant program must complete land
use plan and/or zoning work to either achieve submittal for certification of a Local
Coastal Program (LCP) or an Area of Deferred Certification (ADC) or of an LCP
Amendment to significantly update a certified LCP or LCP segments, including with
special emphasis on effects of climate change and sea-level rise;
WHEREAS, the City of Seal Beach, does not yet have an effectively certified LCP; and
WHEREAS, the City of Seal Beach, desires to pursue a project that would result in the
completion and submittal for certification by the California Coastal Commission of an
LCP and desires to assume permit issuing authority,
WHEREAS, the City of Seal Beach commits to and agrees to fully support a planning
effort intended to [complete or] update a certified LCP pursuant to the provisions of the
California Coastal Act, with full public participation and coordination with the Coastal
Commission staff.
NOW, THEREFORE, BE IT RESOLVED, that the City Council, of the City of Seal
Beach, hereby:
1. Directs City of Seal Beach staff to submit a grant application package to the
California Coastal Commission to provide financial and planning assistance,
under authority of the California Coastal Act, in the amount of $200,000.00 to
fund the project titled "Seal Beach Local Coastal Program."
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2. Authorizes the City Manager and the Community Development Director, of the
City of Seal Beach, to execute, in the name of the City of Seal Beach, all
necessary applications, contracts and agreements and amendments thereto to
implement and carry out the grant application package attached hereto and any
project approved through approval of the grant application.
PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a regular
meeting held on the 23rd day of May, 2016 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Sandra Massa-Lavitt, Mayor
ATTEST:
Robin Roberts, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin Roberts, City Clerk of the City of Seal Beach, California, do hereby
certify that the foregoing resolution is the original copy of Resolution Number 6646 on
file in the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 23rd day of May , 2016.
Robin Roberts, City Clerk
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Attachment "B"
SAMPLE CONTRACT
Includes:
• Standard Agreement Form (STD 213)
• Exhibit A: Scope of Work, Task List and Timeline, Evaluation and
Reporting, Budget
• Exhibit B: Budget Detail and Payment Provisions
• Exhibit C: General Terms and Conditions
• Exhibit D: Special Terms and Conditions
STANDARD AGREEMENT
STD 213(Rev 06/03) AGREEMENT NUMBER
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
California Coastal Commission
CONTRACTOR'S NAME
2. The term of this through
Agreement Is:
3. The maximum amount
of this Agreement is:
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A—Scope of Work
Exhibit A--Attachment 1
Exhibit B—Budget Detail and Payment Provisions
Exhibit C*—General Terms and Conditions GIA 610
Check mark one item below as Exhibit D:
® Exhibit-D Special Terms and Conditions(Attached hereto as part of this agreement)
❑ Exhibit-D*Special Terms and Conditions
STATE OF CALIFORNIA
Items shown with an Asterisk(*),are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services Use Only
CONTRACTOR'S NAME(If other than an Individual,state whether corporation,partnership,etc.)
BY(Authorized Signature) DATE SIGN ED(Do nor opt)
PRINTED NAME AND TITLE OF PERSON SIGNING
ADDRESS
STATE OF CALIFORNIA
1
AGENCY NAME
California Coastal Commission
1 BY(Authorized Signature) DATE SIGNED(Do not type) 1
$PRINTED NAME AND TITLE OF PERSON SIGNING
El Exempt per:
ADDRESS
' 45 Fremont Street, Suite 2000, San Francisco,CA 94105 1
1
EXHIBIT A
(Interagency Agreement)
SCOPE OF WORK
1. Contractor agrees to provide to the California Coastal Commission, hereafter called
the "Commission," project activities as described under the Scope of Work, attached ,
hereto as Exhibit A-Attachment I.
2. The project representatives during the term of this agreement will be:
State Agency: Contractor:
California Coastal Commission
Name: Name:
Address: Address:
45 Fremont Street, Suite 2000
San Francisco, CA 94105-2219
.
Phone: (415) 904-#### Phone:
Fax: (415) 904-5400 Fax:
•
3. Direct all inquiries to:
3 d
or:
State Agency: Contractor:
California Coastal Commission
Section/Unit: Section/Unit:
Name: Name:
Address: Address:
45 Fremont Street, Suite 2000
San Francisco, CA 94105-2219
Phone: (415) 904- Phone:
Fax: (415) 904-5400 Fax:
0
EXHIBIT A-ATTACHMENT I
(Interagency Agreement)
Local Coastal Program Grant
Local Assistance Funds
Title:
Organization:
Term of Project: —
SCOPE OF WORK
(Insert Scope here)
TASK LIST AND TIMELINE
(Insert Task List and Timeline here)
EVALUATION AND REPORTING
Insert any Evaluation and Reporting information here.
� r
1 3
BUDGET
FY2013/14
Personal Services
Salary and Wages
Description $0
Description $0
Subtotal Salary and Wages $ 0
Benefits @ 40% $0
Total Personal Services $ 0
Operating Expenses
General Expenses* $0
Postage/Shipping $0
Travel In State** $0
Total Operating Expenses $0
Administrative Overhead $0
Total Budget $0
* General Expenses include:
**Travel Expenses: Auto travel reimbursement rates are subject to State Travel Rates and IRS
Adjustments. All travel reimbursement is subject to approval by Commission staff and limited
to the total funds available in this line item. See Exhibit D-Travel Reimbursement.
. . ...... ................._......... ... .
EXHIBIT B
(Interagency) Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Invoicing
A. For services satisfactorily rendered and upon receipt and approval of the invoices,
the State agrees to compensate the Contractor for actual expenditures incurred in
accordance with the rates specified herein or attached hereto.
B. Invoices shall be submitted in triplicate not more frequently than monthly in arrears
to:
California Coastal Commission
Attn:
45 Fremont Street, Suite 2000
San Francisco, CA 94105-2219
C. The invoice shall be submitted by the Contractor in sufficient scope and detail to
define the actual work performed and specific benchmarks completed, including a
description of the activities of the Contractor and hours allocated to those
activities. The rates for services rendered shall not exceed those as set forth.
D. Invoices shall contain the following information:
1. Contractor's name and address as shown on this agreement.
2. Date of the invoice.
3. Time period covered by the invoice.
4. Contract number as shown on this agreement.
5. Original signature of the contractor(not required if printed using preprinted
letterhead paper).
6. Itemized costs for the billing period in the same or greater level of detail as
indicated in this agreement, with supporting documentation. Only those costs
and/or cost categories expressly identified in this agreement may be
reimbursed.
2. Budget Contingency Clause
A. It is mutually agreed that if the Budget Act of the current year and/or any
subsequent years covered under this Agreement does not appropriate sufficient
funds for the program, this Agreement shall be of no further force and effect. In
this event, the State shall have no liability to pay any funds whatsoever to
Contractor or to furnish any other considerations under this Agreement and
Contractor shall not be obligated to perform any provisions of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes
of this program, the State shall have the option to either cancel this Agreement
with no liability occurring to the State, or offer an agreement amendment to
Contractor to reflect the reduced amount.
3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in,
Government Code Chapter 4.5, commencing with Section 927
EXHIBIT C
(Interagency Agreement)
GENERAL TERMS AND CONDITIONS
GIA-610
1. APPROVAL: This Agreement is not valid until signed by both parties and approved by
the Department of General Services, if required.
2. AUDIT: The agency performing work under this Agreement agrees that the awarding
department, the Department of General Services, the Bureau of State Audits, or their
designated representative shall have the right to review and to copy any records and
supporting documentation pertaining to the performance of this Agreement if it exceeds
$10,000. The agency performing work agrees to maintain such records for possible audit
for a minimum of three (3) years after final payment, unless a longer period of record
retention is stipulated.
3. PAYMENT: Costs for this Agreement shall be computed in accordance with State
Administrative Manual Section 8752 and 8752.1.
4. AMENDMENT: No amendment or variation of the terms of this Agreement shall be
valid unless made in writing, signed by the parties, and approved as required. No oral
understanding or agreement not incorporated in the Agreement is binding on any of the
parties.
5. SUBCONTRACTING: All subcontracting must comply with the requirements of the
State Contracting Manual, Section 3.06.
6. ADVANCE PAYMENT: The parties to this interagency agreement may agree to the
advancing of funds as provided in Government Code Sections 11257 through 11263.
7. DISPUTES: The agency performing work under this Agreement shall continue with the
responsibilities under this Agreement during any dispute.
8. TIMELINESS: Time is of the essence in this Agreement.
9. NON-PAYMENT OF INVOICES-- FUND TRANSACTION REQUEST: In
accordance with Government Code Section 11255, the parties agree that when an
invoice is not paid by the requested due date to the Contractor (agency providing the
service) and the invoice is not disputed by the contracting Department (agency receiving ;
the service), Contractor may send the contracting Department a 30-day notice that it
intends to initiate a transfer of funds through a Transaction Request sent to the State
Controller's Office. To facilitate a Transaction Request should one be needed, the
contracting Department shall no later than 10 business days following execution of this
agreement provide data to the Contractor for the appropriation to be charged including:
fund number, organization code, fiscal year, reference, category or program, and, if
applicable, element, component, and task.
EXHIBIT D
(Interagency Agreement)
SPECIAL TERMS AND CONDITIONS
POTENTIAL SUBCONTRACTORS
Nothing contained in this Agreement or otherwise, shall create any contractual relation
between the State and any subcontractors, and no subcontract shall relieve the Contractor of
his responsibilities and obligations hereunder. The Contractor agrees to be as fully
responsible to the State for the acts and omissions of its subcontractors and of persons
either directly or indirectly employed by any of them as it is for the acts and omissions of
persons directly employed by the Contractor. The Contractor's obligation to pay its
subcontractors is an independent obligation from the State's obligation to make payments to
the Contractor. As a result, the State shall have no obligation to pay or to enforce the
payments of any moneys to any subcontractor.
TRAVEL REIMBURSEMENT
Travel Reimbursement shall be at the same rates as similarly situated state employees. If
any conflicts exist between the Contractor's rates and those applicable to state employees,
the state's reimbursement rates shall prevail. Receipts will be required. All travel costs are
inclusive within the budgeted amount referenced in this contract.
PROPERTY PURCHASED
The Contractor agrees to continue using property purchased under this contract for the
purposes outlined in this contract or similar activities until it is fully consumed (i.e. is either
fully distributed, damaged, worn-out, or becomes obsolete).
{ SETTLEMENT OF DISPUTES
In the event of a dispute, the Contractor shall file a "Notice of Dispute"with the California
Coastal Commission, Chief Deputy Director within ten (10) calendar days of discovery of
the problem. Within ten (10) days, the Chief Deputy Director, or designee, shall meet
with the Contractor and Project Manager for purposes of resolving the dispute. The
decision of the Chief Deputy Director shall be final.
TERMINATION
During the term of this Agreement, either party may terminate this Agreement at will by
providing thirty (30) days written notice to the other party. In the event of a termination,
the Contractor shall take all reasonable measures to prevent further costs attributable to
the Commission. The Commission shall then be responsible for any reasonable and
non-terminable obligations incurred by the Contractor in the performance of this
Agreement up to the date of termination, but not to exceed the balance of the total funds
which remains unencumbered under this Agreement at the time of termination.
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