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HomeMy WebLinkAboutAGMT - California Coastal Conservancy (Ocean Water Quality Debris Boom) : IPTE OF CALIFORNIA STANDARD AGREEMENT- ROVED BY THE . cONTRACTNUMBER AM. NO. . , ORNEYGENERAL VD. 2 (REN.5-91) no-216 TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER CHIS AGREEMENT, made and entered into this g day of fr tPOW 95- 6000794 n the State of California, by and between State of California, through its duly oi nted, qualified and acting • TITLE OF OFFICER ACTING FOR STATE AGENCY )eputy Executive Officer State Coastal Conservancy , hereafter called the Stave, and ON C R'S NAME lity of Seal Beach - , hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, ices hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor, 'ime for performance or completion, and attach plans and specifications, if any.) SCOPE OF AGREEMENT Pursuant to Chapter 6 of Division 21 of the California Public Resources Code, the State Coastal Conservancy ( "the Conservancy ") hereby grants to the City of Seal Beach ( "the grantee ") a sum not to exceed three hundred thousand dollars ($300,000), subject to the terms and conditions of this agreement. These funds shall be used by the grantee to prepare final design and engineering plans for the Ocean Water Quality Program -Debris Boom for the City of Seal Beach as shown on Exhibit A, which is incorporated by reference and attached. The grantee shall carry out the project in accordance with this agreement and a work program to be approved by the Executive Officer of the Conservancy ( "the Executive Officer ") pursuant to this agreement. . (Continued on the.following pages) :ONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. N WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR .GENCY CONTRACTOR (11 • .- -. than an individual st • aorpoiafion. pwManhiP, (Oa) State Coastal Conservancy — �_. / Cit , f =1 Bea hi • IY (AU .•. � ' / � B Y( S�f F // R NTED NAME OF PERSON SIGNING PRINTED )r ME AND T --- ''OF •' -'•' ON SIGNING Steve Horn .7'.% Bahorski, City Manager' Deputy Executive Officer , j s ' 8 th Street, Seal Beach, CA 90740 MOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY (CODE AND TITLE) I FUND TITLE OCUMENT Department of General Services 300, 000.00 Capital Coutlay General Fund Use Only (OPTIONAL USE) HIS CONTRACT AMOUNT ENCUMBEREDFOR Seal Beach Ocean Water Quality Program / Debri Bocn :$ -o- ITEM CHAPTER STATUTE FISCAL YEAR OTAL AMOUNT ENCUMBERED TO 3760-302-0001(1)(C) 50 1999 99/00 1 Certity that this grant agreement! ATE OBJECT OF EXPENDITURE (CODE AND TfTLE :$ 300,000.00 Enhancement Coastal Wa Quality annillimintis exempt from I hereby certify upon my own personal knowledge that budgeted funds T.B.A. NO. I B.R. NO. department o1 Gen al Services approval. are available for the period and purpose of the expenditure stated above. IGNATURE OF ACCOUNTING OFFICER I DATE + ( 1 1 I q 2414� V CONTRAC ST ATE AGENCY DEPT. OF N / . � � GE N. SER. � CONTROLLER City of Seal Beach Grant Agreement No. 00 -216 Page 2 CONDITIONS PRECEDENT TO COMMENCEMENT OF PROTECT AND DISBURSEMENT The grantee shall not commence 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 adopted by the City Council of the grantee authorizing the execution of this agreement and approving its terms and conditions. 2. The Executive Officer has approved in writing: a. The work program for the project. b. All contractors that the grantee intends to employ in connection with the project. TERM OF AGREEMENT This agreement shall be deemed executed and effective when signed by both parties and received in the office of the Conservancy together with the resolution described in the "CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT" section of this agreement. An authorized representative of the grantee shall sign the first page of the originals of this agreement in ink. This agreement shall run from its effective date through September 30, 2003 ( "the termination date ") unless otherwise terminated or amended as provided in this agreement. However, all work shall be completed by June 30, 2003 ( "the completion date "). AUTHORIZATION The signature of the Executive Officer of the Conservancy on this agreement certifies that at its June 25, 2001 meeting, the Conservancy adopted the resolution included in the staff recommendation attached as Exhibit A. This agreement is executed pursuant to that authorization. City of Seal Beach Grant Agreement No. 00 -216 Page 3 Standard Provisions WORK PROGRAM Prior to commencement of the project, the grantee shall submit a detailed work program to the Executive Officer for review and written approval as to its consistency with the terms of this agreement. The work program shall include: 1. The specific tasks to be performed. 2. A schedule of completion for the project, specifically listing the completion date for each project component and a final project completion date. 3. A detailed project budget. The project budget shall describe all labor and materials costs 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. If all or part of the project to be funded under this agreement will be performed by third parties ( "contractors ") under contract with the grantee, then the grantee shall, prior to initiating any request for contractor bids, submit the bid package for review and written approval of the Executive Officer. 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 then comply with the above paragraph regarding submission and approval of a work program prior to implementation. The work program shall have the same effect as if included in the text of this agreement. However, the work program may be modified without amendment of this agreement upon the grantee's submission of a modified work program and the Executive Officer's written approval of it. If this agreement and the work program are inconsistent, the agreement shall control. The grantee shall carry out the project in accordance with the approved work program. • COORDINATION AND MEETINGS The grantee shall coordinate closely with Conservancy staff and other involved entities, including local, state and federal agencies, and shall participate in meetings and other communications as necessary to ensure coordination. City of Seal Beach Grant Agreement No. 00 -216 Page 4 WORK PRODUCTS All materials and work products produced by the grantee as a result of this agreement are the property of the Conservancy. COSTS AND DISBURSEMENTS Upon determination by the Conservancy that all "CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT 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 the grantee's satisfactory progress in accordance with the approved work program and upon submission of a "Request for Disbursement" form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. Disbursement of the ten percent withheld shall be made upon (1) the grantee's satisfactory completion of the project, compliance with the "PROJECT COMPLETION" section of this agreement, and submission of a fully executed final "Request for Disbursement" form; and (2) 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 in 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, including time, materials, and expenses incurred, of all work done for which disbursement is requested. The forms shall also indicate cumulative expenditures to date, expenditures during the reporting period, and the unexpended balance of funds under the grant agreement. The forms shall be signed by an authorized representative 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 work funded under this agreement, and by written substantiation of completion of the portion of the project for which disbursement is requested. With each form, the grantee shall submit a supporting progress report summarizing the current status of the work 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 are rectified. City of Seal Beach Grant Agreement No. 00 -216 Page 5 EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS 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 The grantee shall complete the project by the completion date provided in the "TERM OF AGREEMENT" section, above. Upon completion of the project, the grantee shall supply the Conservancy with evidence of completion by submitting: (1) the work products specified in the work program for the project; and (2) a fully executed final "Request for Disbursement" form. 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 acceptance. EARLY TERMINATION AND FAILURE TO PERFORM Prior to the completion 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 the project, 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 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 City of Seal Beach Grant Agreement No. 00 -216 Page 6 EARLY TERMINATION AND FAILURE TO PERFORM (Continued) 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. 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 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. Nothing in this agreement is intended to create in the public or any member of it rights as a third party beneficiary under this agreement. AUDITS /ACCOUNTING/RECORDS The grantee shall maintain financial accounts, documents, and records (collectively, "records ") relating to this agreement, in accordance with the guidelines of "Generally Accepted Accounting Practices" ( "GAAP ") published by the American Institute of Certified Public Accountants. The records shall include, without limitation, evidence sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds related to work under the agreement. Time and effort reports are also required. The grantee shall maintain adequate supporting records in a manner that permits tracing from the request for disbursement forms to the accounting records and to the supporting documentation. Additionally, the Conservancy or its agents may review, obtain, and copy all records relating to performance of the agreement. The grantee shall provide the Conservancy or its agents with any relevant information requested and shall permit the Conservancy or its agents access to the grantee's premises upon reasonable notice, during normal business • City of Seal Beach Grant Agreement No. 00 -216 Page 7 AUDITS /ACCOUNTING/RECORDS (Continued) hours, to interview employees and inspect and copy books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this agreement and any applicable laws and regulations. The grantee shall retain the required records for a minimum of three years following final disbursement by the Conservancy. The records shall be subject to examination and audit by the Conservancy and the Bureau of State Audits during the retention period. If the grantee retains any contractors to accomplish any of the work of this agreement, the - grantee shall first enter into an agreement with each contractor requiring the contractor to meet the terms of this section and to make the terms applicable to all subcontractors. The Conservancy may disallow all or part of the cost of any activity or action that it determines to be not in compliance with the requirements of this agreement. COMPUTER SOFTWARE The contractor certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this contract, state funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws. NONDISCRIMINATION During the performance of this agreement, the grantee and its contractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religion, color, national origin, ancestry, disability, medical condition, marital status, age (over 40) or denial of family -care leave, medical -care leave, or pregnancy - disability leave. The grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. The grantee and its contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 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 City of Seal Beach Grant Agreement No. 00 -216 Page 8 NONDISCRIMINATION (Continued) included in all contracts and subcontracts entered into to perform work provided for under this agreement. INDEPENDENT CAPACITY 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 California. ASSIGNMENT Without the written consent of the State, this agreement is not assignable by the grantee in whole or in part. TIMELINESS Time is of the essence in this agreement. EXECUTIVE OFFICER'S DESIGNEE The Executive Officer shall designate a Conservancy project manager who shall have authority to act on behalf of the Executive Officer with respect to this agreement. The Executive Officer shall notify the grantee of the designation in writing. AMENDMENT Except as expressly provided in this agreement, no change in this agreement shall be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties. LOCUS This agreement is deemed to be entered into in the County of Alameda. • • SEAL BEACH OCEAN WATER QUALITY PROGRAM: DEBRIS BOOM PLANNING AND DESIGN Agenda Item XXX. June 25, 2001 • • COASTAL CONSERVANCY Project Summary June 25, 2001 SEAL BEACH OCEAN WATER QUALITY PROGRAM: DEBRIS BOOM PLANNING AND DESIGN File No. 01 -097 Project Manager: Marc Beyeler RECOMMENDED ACTION: Authorization to disburse up to $300,000 to the City of Seal Beach to undertake planning and design for a Debris Boom as part of the City's Ocean Water Quality Management Plan. LOCATION: Seal Beach, Orange County (Exhibit 1). PROGRAM CATEGORY: Resource Enhancement ESTIMATED COST: Coastal Conservancy* $300,000 Total $300,000 * The source of Conservancy funds is the FY 1999/2000 Gen- eral Fund appropriation of $300,000 provided to the Coastal Conservancy for the "planning, design, and construction of a debris boom in Seal Beach." PROJECT SUMMARY: This project would provide grant funds of $300,000 to the City of Seal Beach to undertake planning and design for a Debris Boom as part of the City's Ocean Water Quality Management Plan. The objective of Seal Beach Ocean Water Quality Pro- gram is to reduce pollution in the coastal waters off the City of Seal Beach from non —point sources and to ensure local beaches are available for public access and recreation. The San Gabriel River watershed covers more than 900 square miles within Los Angeles and Orange Counties and conveys its drainage runoff to the Pacific Ocean at the City of Seal Beach. Along with the drainage waters, the City of Seal Beach receives massive amounts of trash and debris on its. beaches. Ocean water quality in the vicinity of Seal Beach is extremely de- graded, especially during storm- related flows when it is neces- sary to close the beach due to high levels of unhealthful runoff. XXX -1 • • The City's beaches provide recreational opportunities for re- gional residents and visitors from throughout Los Angeles and Orange counties, as demonstrated by the two million visitors to Seal Beach each year. The FY 1999/2000 budget included funding to the Coastal Conservancy for planning and design for a Debris Boom as part of the City's Ocean Water Quality Management Plan. Previ- ously, in February 2001, the Coastal Conservancy approved a grant for preparation of the City's Ocean Water Quality Pro- gram. At this time, the City of Seal Beach is requesting that the Coastal Conservancy approve authorization of $300,000 to un- dertake planning and design for a Debris Boom as part of the City's Ocean Water Quality Management Plan. XXX -2 •X IT A • • COASTAL CONSERVANCY Staff Recommendation June 25, 2001 SEAL BEACH OCEAN WATER QUALITY PROGRAM: DEBRIS BOOM PLANNING AND DESIGN File No. 01 -014 Project Manager: Marc Beyeler STAFF RECOMMENDATION: Staff recommends that the State Coastal Conservancy adopt the following Resolution pursuant to Sections 31251 -31270 of Di- vision 21 of the Public Resources Code: "The State Coastal Conservancy hereby authorizes dis- bursement of an amount not to exceed three hundred thou- sand dollars ($300,000) to the City of Seal Beach to under- take planning and design for a Debris Boom as part of the City's Ocean Water Quality Management Plan. This auth- orization is subject to the condition that prior to the dis- bursement of any funds, the City of Seal Beach shall submit for the review and approval of the Conservancy's Executive Officer: 1. A work program, including schedule, budget and time- line; and 2. The names of any contractors it intends to use for the project." Staff further recommends that the Conservancy adopt the fol- lowing findings: "Based on the accompanying staff report and attached ex- hibits, the State Coastal Conservancy hereby finds that: 1. The proposed project is consistent with the purposes and criteria in Chapter 6 of the Public Resources Code (Sections 31251- 31270) regarding the enhancement of coastal resources; and 2. The proposed project is consistent with the Project Se- lection Criteria and Guidelines adopted by the Coastal Conservancy on January 24, 2001." XXX -3 OthIBIT A • • STAFF DISCUSSION: Project Description: The project involves planning and design for the Seal Beach Debris Boom, as part of the the development of the City's Ocean Water Quality Management Plan. The Management Plan will be the basis for the City's Storm Water and Urban Runoff Master Plan and a Water Quality Capital improvement Pro- gram. Project Financing: Coastal Conservancy* $300,000 Total $300,000 * The source of Conservancy funds is the FY 1999/2000 Gen- eral Fund appropriation of $300,000 for the "Planning, design and construction of the Debris Boom" in Seal Beach. Site Description: The San Gabriel River watershed covers more than 900 square miles within Los Angeles and Orange counties and conveys its drainage runoff to the Pacific Ocean at the City of Seal Beach. Along with the drainage waters, the City of Seal Beach receives massive amounts of trash and debris on its beaches. Ocean water quality in the vicinity of Seal Beach is extremely de- graded, especially during storm related flows when its is neces- sary to close the beach due to high levels of unhealthful runoff. The City's beaches provide recreational opportunities for re- gional residents and visitors from throughout Los Angeles and Orange counties, as demonstrated by the two million visitors to Seal Beach each year. Project History: Since 1998, the City of Seal Beach has been developing a re- sponse to the problem of degraded ocean water quality. In 2000, the beaches along the Seal Beach coastline were closed four times within six months due to "unhealthy" water quality. Late in 2000, the City established a 10- member Ad Hoc Citi- zens Advisory Board to provide oversight in the preparation of an Ocean Water Quality Management Plan. Since 1998, the City of Seal Beach has devoted substantial in- kind staff resources to addressing coastal water quality prob- lems. In addition, in 1999 the City authorized more than $100,000 in equipment purchases to upgrade its street sweep- ing and trash collection capabilities to minimize runoff impacts from local streets and from public use of its beaches. The City has prepared a scope of work and retained a private consulting firm to prepare the Management Plan. The proposed XXX -4 • • scope of work for the Ocean Water Quality Management Plan addresses both local and regional causes of coastal water pol- lution. While the City is responsible for storm water resulting from local sources, such as municipal facilities and public roads, the Ocean Water Quality Program will also address re- gional sources of coastal water pollution and allow the City to participate in regional initiatives to address nonpoint sources of coastal pollution. As part of the proposed work, the City and its consultants will be involved in planning efforts to control pol- lution originating within the San Gabriel River watershed. Planning and design work on the debris boom will further im- plement the City's coastal water quality plan. PROJECT SUPPORT: The proposed project has community, agency, and legislative support, including Assemblymember Tom Harmon and State Senator Ross Johnson. Letters of support will be hand - carried to the Conservancy's June 25th meeting CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION: CONSISTENCY WITH CONSERVANCY'S PROJECT SELECTION CRITERIA & GUIDELINES: Chapter 6 of Division 21 of the Public Resources Code (Sec- tions 31251- 31270) provides for the Coastal Conservancy's participation in a program of coastal resource enhancement. The proposed authorization would facilitate the enhancement of coastal water quality and coastal resources along the Seal Beach coastline. Accordingly, the proposed project is consistent with Section 31251, under which the Conservancy may award grants to state agencies, local public agencies, and nonprofit organizations for projects that seek to remedy loss of natural values because of natural or human - induced events. The proposed project is consistent with the Conservancy's Proj- ect Selection Criteria and Guidelines adopted January 24, 2001, in the following respects: Required Criteria Promotion of the Conservancy's statutory programs and purposes: As indicated above, the proposed project is consis- tent with Chapter 6 of Division 21 of the Public Resources XXX -5 IN IBIT A • • Code (Sections 31251- 31270.), which provides for the Coastal Conservancy's participation in coastal resource enhancement projects. Consistency with funding source: The Debris Boom planning and design tasks will be funded with monies appropriated to the Conservancy for developing the program from the General Fund. Support: The proposed project has community and agency support. Letters of support will be hand - carried to the Conser- vancy's June 25th meeting. Location: The proposed project is intended to plan for an im- portant water quality improvement project for the City of Seal Beach. The Seal Beach coastline and the San Gabriel River watershed are important natural resource areas of concern to the Coastal Conservancy for more than two decades. Need: The financial support and participation of the Conser- vancy is critical for the success of this project. Conservancy's funding and staff assistance are needed to ensure that the De- bris Boom planning and design and the related Ocean Water Quality Program is integrated into local and state coastal re- source priorities. Greater than Local Interest: Enhancement of coastal re- sources through water quality improvement projects has great priority at the state level. In addition, as noted above, the City of Seal Beach hosts approximately two million visitors to its beaches each year, more than 90 percent of whom are regional visitors. Additional Criteria Significance: The proposed project represents an opportunity to develop resource and water quality projects that will enhance coastal resources that have been negatively impacted as the re- sult of urban development. Resolution of More Than One Issue: The scope of the pro- posed work would encompass resource enhancement, public access, environmental education, and water quality. Leverage: Investment of state funds into the proposed project will result in the positive leverage of local funds and the poten- tial for additional grant funding. XXX -6 -"'1'011 ; /."11 • • • CONSISTENCY WITH THE COASTAL ACT: The proposed project would be consistent with the planning and management policies contained in Section 30231 of the Public Resources Code, which states that "the biological pro- ductivity and the quality of coastal waters, streams, wetlands, estuaries and lakes appropriate to maintain optimum popula- tions of marine organisms and for the protection of human health shall be maintained and, where feasible, restored...." COMPLIANCE WITH CEQA: The proposed planning and design for the Debris Boom is statutorily exempt from CEQA under 14 California Code of Regulations Section 15262 as it involves the planning and fea- sibility analyses. Conservancy staff will file a Notice of Ex- emption upon Conservancy approval. XXX -7 IT A LAGUNA BEACH SOUTH LAGUNA Dana Pt. QANA POINT -X I4►131 T -. LEGION — W Cb 11()tJ 11M' %Egkl WCl-k 6N t-t l g l.r -. 11241.7E-&i- Wclsc-"t7 D N M kr t r ' STATE or CALIFORNIA II i C#: 00-216 VENDOR DATA RECORD (Required in lieu of IRS W-9 when doing business with the State of California) Sit STD.204(6/99) DEPARTMENT(OFFICE STATE COASTAL CONSERVANCY PURPOSE: Information contained in this form will — ._._. . . be used by state agencies to prepare Infor-mation PLEASE STREET ADDRESS 1330 BROADWAY, STE 1100 Returns (Form 1099)and for withholding on RETURN ..._.._ __...:__._.. payments to nonresident vendors. Prompt return TD: CrrY;STATE,ZIP CODE OAKLAND CA 94612-2530. of this fully completed form will prevent delays __..._—..._..._ when processing payments. TELEPHONE NUMBER 510-286-4373 or 510-286- 3780 (See Privacy Statement on reverse.) 2 • VENDOR'S BUSINESS NAME City of Seal Beach SOLE PROPRIETOR-ENTER OWNER'S FULL NAME HERE(last,First.MI I MAILING ADDRESS(Number and Street or PO.Boa No.) . . 211 8th Street crrt,STATE,ZIP CODE • Seal Beach, CA 90740 © hJ CHECK ONE BOX ONLY nState, CSU's,Trustees, Federal (Please circle one) X CITY or COUNTY(Please circle one) i if:'i "'� SCHOOL DISTRICTS, PUBLIC COMMISSION, MEDICAL CORPORATION (Including dentistry, podiatry, n VENDOR. —�psychotherapy,optometry,chiropractic,etc.:) U«8 I I REGENTS/UC's(Please circle one) ENTITY TYPE ci n EXEMPT CORPORATION(Non-profit) Ei n PARTNERSHIP n ALL OTHER CORPORATIONS Di ESTATE ' n F;.fi OTHER _ (Please specify) ) n INDIVIDUAL I SOLE PROPRIETOR 5. :Ha "?,R. 1 C'o F ^4Y :aC° . ,,,,,,^> sit a ww( �Mf+ • Note `' »_�:a: :_� , , :::� .;;:: . ::. .r':: : ::'.: .- :•:- ,.,.: . '"'� c� c ? e Additional SMALL BUSINESS or DISABLED VETERAN BUSINESS Certified as ❑ ENTERPRISE (Please circle one and enter Certification if) Certification Number: 0 - SOCIAL SECURITY NUMBER REQUIRED FOR INDIVIDUAL/SOLE PROPRIETOR BY AUTHORITY OF THE REVENUE AND TAXATION CODE SECTION 18646 (See reverse) . NOTE: Payment VENDOR'S will not be FEDERAL EMPLOYER'S IDENTIFICATION NUMBER(PEN) SOCIAL SECURITY NUMBER TAXPAYER processed without I.D.NUMBER - an accompanying 19 1.5.1-161 d o I. 01719 141 1 1 1 1 -1 I 1 - 1 I I I 1 taxpayer IF VENDOR ENTITY TYPE IS A CORPORATION,PARTNERSHIP, IF VENDOR ENTITY TYPE IS INONIDUALISOLE PROPRIETOR, I.D. number. ' ESTATE OR TRUST,ENTER FEIN ENTER 55N. •© © CHECK APPROPRIATEBOX(ES) NOTE: California Resident-Qualified to do business in CA or a permanent place of a.An estate Is a VENDOR II business in CA ' resident if RESIDENCY decedent was a STATUS n Nonresident(See Reserve) Payments for services by nonresidents • may be subject to state withholding t time of a resident at time of death- ❑ WAIVER OF STATE WITHHOLDING FROM FRANCHISE TAX BOARD ATTACHED b. A trust Is a resident If at least El SERVICES PERFORMED OUTSIDE OF CALIFORNIA one trustee Is a • California resident (See reverse) 1.6 I hereby certify under penalty of perjury that the Information provided on this document • Is true and correct If my residency status should change, I wfll promptly inform you. CERTIFYING _____,•vv - wv.Hn1Ae,rvP••+ u•n— rHt-• 81ONATURC - . John B . :.: or- •'` City Manager . SIGNATURE D TELEPHONE NUMBER (562) 431-2527 asorms • r. 7r - . i OF CALIFORNIA IVO%DATA RECORD • 91(REV.8-95)(REVERSE) • Or ARE YOU SUBJECT TO NONRESIDENT ARE YOU A RESIDENT OR A NONRESIDEN WITHHOLDING? Each corporation,individuallsole proprietor,partnership,estate Payments made to nonresident vendors,including corporations, or trust doing business with the State of California must individuals, partnerships, estates and trusts, are subject to indicate their residency status along with their vendor withholding. Nonresident vendors performing services in identification number. California or receiving rent, lease or royalty payments from A corporation will be considered a "resident if it has a property (real or personal) located in California will have 7% permanent place of business in California. The corporation has of their total payments withheld for state income taxes. a permanent place of business in California if it is organized However, no withholding is required if total payments to the and existing under the laws of this state or, if a foreign vendor are $1500 or less for the calendar year. corporation has qualified to transact intrastate business. A A nonresident vendor may request that income taxes be corporation that has not qualified to transact intrastate business withheld at a lower rate or waived by sending a completed form (e.g.,a corporation engaged exclusively in interstate commerce) FTB 588 to the address listed below. A waiver will generally will be considered as having a permanent place of business in be granted when a vendor has a history of filing California this state only if it maintains a permanent office in this state that .returns and making timely estimated payments. If the vendor is permanently staffed by its employees: activity is carried on outside of California or partially outside For individuals/sole proprietors,the term"resident"includes of California, a waiver or reduced withholding rate may be every individual who is in California for other than a temporary granted. For more information, contact: or transitory purpose and any individual domiciled in California Franchise Tax Board who is absent for a temporary or transitory purpose. Generally, Withhold at Source Unit an individual who comes to California for a purpose which will Attention: State Agency Withholding Coordinator extend over a long or indefinite period will be considered a P.O. Box 651 resident. However, an individual who comes to perform a Sacramento, CA 95812-0651 particular contract of short duration will be considered a Telephone: (916) 845-4900 nonresident. FAX: (916) 845-4831 For withholding purposes, a partnership is considered a resident partnership if it has a permanent place of business in If a reduced rate of withholding or waiver has been California. An estate is considered a California estate if the authorized by the Franchise Tax Board,attach a copy decedent was a California resident at the time of death and a to this form. trust is considered a California trust if at least one trustee is a California resident. More information on residency status can be obtained by calling the Franchise Tax Board at the numbers listed below: From within the United States, call1-800-852-5711 From outside the United States, call 1-916-854-6500 For hearing impared with TDD, call 1-800-822-6268 PRIVACY STATEMENT Section 7(b)of the Privacy Act of 1974(Public Law 93-5791)requires that any federal,state,or local governmental agency which requests an individual to disclose his social security account number shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made Of it. The State of California requires that all parties entering into business transactions that may lead to payment(s)from the State must provide their Taxpayer Identification Number (TIN) as required by the State Revenue and Taxation Code, Section 18646 to facilitate tax compliance enforcement activities and to facilitate the preparation of Form 1099 and other information returns as required by the Internal Revenue Code, Section 6I09(a). The TIN for individual and sole proprietorships is the Social Security Number(SSN). It is mandatory to furnish the information requested. Federal law requires that payments for which the requested information is not provided be subject to a 31% withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN.To exercise that right,please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact business. Please call the Department of Finance,Fiscal Systems and Consulting Unit at(916)324-0385 if you have any questions regarding this Privacy Statement.Questions related to residency or withholding should be referred to the telephone numbers listed above.All other questions should be referred to the requesting agency listed in Section 1. 95 3)720 ) A=E OF CALIFORNIA 1 STANDARD AGREEMENT F. TD. 2 (REV.5-91) OVED BY THE A. _ RNEY GENERAL CfIIS AGREEMENT, made and entered into this day of • CONTRACT NUMBER n0 -216 AM_ NO. TAXPAYERS FEDERAL EIROYER IDENTIFICATION NUMBER 95- 6000794 n the State of California, by and between State of California, through its duly elected or appointed, qualified and acting TILE OF OFFICER ACTING FOR STATE )e uty Executive Officer AGENCY State Coastal Conservancy ONTRACTORS NAME ;ity of Seal Beach , hereafter called the State, and , hereafter called the Contractor. NITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, toes hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor, amotazt to be paid Contractor, ime for performance or completion, and attach plans and specifications, if any.) SCOPE OF AGREEMENT Pursuant to Chapter 6 of Division 21 of the California Public Resources Code, the State Coastal Conservancy ( "the Conservancy ") hereby grants to the City of Seal Beach ( "the grantee ") a sum not to exceed three hundred thousand dollars ($300,000), subject to the terms and conditions of this agreement. These funds shall be used by the grantee 'to prepare final design and engineering plans for the Ocean Water Quality Program - Debris Boom for the City of Seal Beach as shown on Exhibit A, which is incorporated by reference and attached. 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. (Continued on the following pages) :ONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. Ni WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA L CONTRACTOR NCY • State Coastal Conservancy CONTRACT • - //at - - an individual. st a corporation, pannerahq, etc.) Ci.; o a 'eac (AUTHORIZED SIGNATURE) HOR ._ • � INTED NAME OF PERSON SIGNING Steve Horn AND TITLE 0 PERSON SIGNING • Bahorski, City Manager T Deputy Executive Officer •D SS 2 8th Street, Seal Beach, CA 90740 OUNT ENCUMBERED BY THIS • GENT $ 300,000.00 PROGRAM/CATEGORY (CODE AND TITLE) Ca•ital Coutla I FUND TITLE General Fund Department of General Services Use Only 1 Certify that this grant agreement/ 111111111is exempt from department of General Services approval. (OPTIONAL USE) Seal Beach Ocean Water Quality Program / Debri Bo• :OR AMOUNT ENCUMBERED FOR IS CONTRAC $ —0— ITEM a 1— 02 -0001 1 C CHAPTER 50 STATUTE 1999 FISCAL YEAR 99/00 TAL AMOUNT ENCUMBERED TO 11 300,000.00 OBJECT OF EXPENDITURE (CODE AND TITLE) Enhancement Coastal Water Quality 1 hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. T.B.A. NO. I B.R. No. NATURE OF ACCOUNTING OFFICER DATE i ❑ CONTRACTOR ❑ STATE AGENCY DEPT. OF GEN. SER. ❑ CONTROLLER 0 • • City of Seal Beach Grant Agreement No. 00 -216 Page 2 CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT The grantee shall not commence the project and the Conservancy shall not be obligated to disburse any funds under this agreement unless and until the following conditions precedent have been met: 1. A resolution has been adopted by the City Council of the grantee authorizing the execution of this agreement and approving its terms and conditions. 2. The Executive Officer has approved in writing: a. The work program for the project. b. All contractors that the grantee intends to employ in connection with the project. TERM OF AGREEMENT This agreement shall be deemed executed and effective when signed by both parties and received in the office of the Conservancy together with the resolution described in the "CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT" section of this agreement. An authorized representative of the grantee shall sign the first page of the originals of this agreement in ink. This agreement shall run from its effective date through September 30, 2003 ( "the termination date ") unless otherwise terminated or amended as provided in this agreement. However, all work shall be completed by June 30, 2003 ( "the completion date "). AUTHORIZATION The signature of the Executive Officer of the Conservancy on this agreement certifies that at its June 25, 2001 meeting, the Conservancy adopted the resolution included in the staff recommendation attached as Exhibit A. This agreement is executed pursuant to that authorization. • • City of Seal Beach Grant Agreement No. 00 -216 Page 3 Standard Provisions WORK PROGRAM Prior to commencement of the project, the grantee shall submit a detailed work program to the Executive Officer for review and written approval as to its consistency with the terms of this agreement. The work program shall include: 1. The specific tasks to be performed. 2. A schedule of completion for the project, specifically listing the completion date for each project component and a final project completion date. 3. A detailed project budget. The project budget shall describe all labor and materials costs 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. If all or part of the project to be funded under this agreement will be performed by third parties ( "contractors ") under contract with the grantee, then the grantee shall, prior to initiating any request for contractor bids, submit the bid package for review and written approval of the Executive Officer. 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 then comply with the above paragraph regarding submission and approval of a work program prior to implementation. The work program shall have the same effect as if included in the text of this agreement. However, the work program may be modified without amendment of this agreement upon the grantee's submission of a modified work program and the Executive Officer's written approval of it. If this agreement and the work program are inconsistent, the agreement shall control. The grantee shall carry out the project in accordance with the approved work program. COORDINATION AND MEETINGS The grantee shall coordinate closely with Conservancy staff and other involved entities, including local, state and federal agencies, and shall participate in meetings and other communications as necessary to ensure coordination. • • City of Seal Beach Grant Agreement No. 00 -216 Page 4 WORK PRODUCTS All materials and work products produced by the grantee as a result of this agreement are the property of the Conservancy. COSTS AND DISBURSEMENTS Upon determination by the Conservancy that all "CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT 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 the grantee's satisfactory progress in accordance with the approved work program and upon submission of a "Request for Disbursement" form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. Disbursement of the ten percent withheld shall be made upon (1) the grantee's satisfactory completion of the project, compliance with the "PROJECT COMPLETION" section of this agreement, and submission of a fully executed final "Request for Disbursement" form; and (2) 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 in 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, including time, materials, and expenses incurred, of all work done for which disbursement is requested. The forms shall also indicate cumulative expenditures to date, expenditures during the reporting period, and the unexpended balance of funds under the grant agreement. The forms shall be signed by an authorized representative 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 work funded under this agreement, and by written substantiation of completion of the portion of the project for which disbursement is requested. With each form, the grantee shall submit a supporting progress report summarizing the current status of the work 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 are rectified. • • City of Seal Beach Grant Agreement No. 00 -216 Page 5 EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS 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 The grantee shall complete the project by the completion date provided in the "TERM OF AGREEMENT" section, above. Upon completion of the project, the grantee shall supply the Conservancy with evidence of completion by submitting: (1) the work products specified in the work program for the project; and (2) a fully executed final "Request for Disbursement" form. 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 acceptance. EARLY TERMINATION AND FAILURE TO PERFORM Prior to the completion 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 the project, 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 • • City of Seal Beach Grant Agreement No. 00 -216 Page 6 EARLY TERMINATION AND FAILURE TO PERFORM (Continued) 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. 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 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. Nothing in this agreement is intended to create in the public or any member of it rights as a third party beneficiary under this agreement. AUDITS /ACCOUNTING/RECORDS The grantee shall maintain financial accounts, documents, and records (collectively, "records ") relating to this agreement, in accordance with the guidelines of "Generally Accepted Accounting Practices" ( "GAAP ") published by the American Institute of Certified Public Accountants. The records shall include, without limitation, evidence sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds related to work under the agreement. Time and effort reports are also required. The grantee shall maintain adequate supporting records in a manner that permits tracing from the request for disbursement forms to the accounting records and to the supporting documentation. Additionally, the Conservancy or its agents may review, obtain, and copy all records relating to performance of the agreement. The grantee shall provide the Conservancy or its agents with any relevant information requested and shall permit the Conservancy or its agents access to the grantee's premises upon reasonable notice, during normal business • • City of Seal Beach Grant Agreement No. 00 -216 Page 7 AUDITS /ACCOUNTING/RECORDS (Continued) hours, to interview employees and inspect and copy books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this agreement and any applicable laws and regulations. The grantee shall retain the required records for a minimum of three years following final disbursement by the Conservancy. The records shall be subject to examination and audit by the Conservancy and the Bureau of State Audits during the retention period. If the grantee retains any contractors to accomplish any of the work of this agreement, the grantee shall first enter into an agreement with each contractor requiring the contractor to meet the terms of this section and to make the terms applicable to all subcontractors. The Conservancy may disallow all or part of the cost of any activity or action that it determines to be not in compliance with the requirements of this agreement. COMPUTER SOFTWARE The contractor certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this contract, state funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws. NONDISCRIMINATION During the performance of this agreement, the grantee and its contractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religion, color, national origin, ancestry, disability, medical condition, marital status, age (over 40) or denial of family -care leave, medical -care leave, or pregnancy - disability leave. The grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. The grantee and its contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 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 • • City of Seal Beach Grant Agreement No. 00 -216 Page 8 NONDISCRIMINATION (Continued) included in all contracts and subcontracts entered into to perform work provided for under this agreement. INDEPENDENT CAPACITY 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 California. ASSIGNMENT Without the written consent of the State, this agreement is not assignable by the grantee in whole or in part. TIMELINESS Time is of the essence in this agreement. EXECUTIVE OFFICER'S DESIGNEE The Executive Officer shall designate a Conservancy project manager who shall have authority to act on behalf of the Executive Officer with respect to this agreement. The Executive Officer shall notify the grantee of the designation in writing. AMENDMENT Except as expressly provided in this agreement, no change in this agreement shall be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties. LOCUS This agreement is deemed to be entered into in the County of Alameda. • • SEAL BEACH OCEAN WATER QUALITY PROGRAM: DEBRIS BOOM PLANNING AND DESIGN Agenda Item XXX. June 25, 2001 • • COASTAL CONSERVANCY Project Summary June 25, 2001 SEAL BEACH OCEAN WATER QUALITY PROGRAM: DEBRIS BOOM PLANNING AND DESIGN File No. 01 -097 Project Manager: Marc Beyeler RECOMMENDED ACTION: Authorization to disburse up to $300,000 to the City of Seal Beach to undertake planning and design for a Debris Boom as part of the City's Ocean Water Quality Management Plan. LOCATION: Seal Beach, Orange County (Exhibit 1). PROGRAM CATEGORY: Resource Enhancement ESTIMATED COST: Coastal Conservancy* Total $300,000 $300,000 * The source of Conservancy funds is the FY 1999/2000 Gen- eral Fund appropriation of $300,000 provided to the Coastal Conservancy for the "planning, design, and construction of a debris boom in Seal Beach." PROJECT SUMMARY: This project would provide grant funds of $300,000 to the City of Seal Beach to undertake planning and design for a Debris Boom as part of the City's Ocean Water Quality Management Plan. The objective of Seal Beach Ocean Water Quality Pro- gram is to reduce pollution in the coastal waters off the City of Seal Beach from non —point sources and to ensure local beaches are available for public access and recreation. The San Gabriel River watershed covers more than 900 square miles within Los Angeles and Orange Counties and conveys its drainage runoff to the Pacific Ocean at the City of Seal Beach. Along with the drainage waters, the City of Seal Beach receives massive amounts of trash and debris on its. beaches. Ocean water quality in the vicinity of Seal Beach is extremely de- graded, especially during storm- related flows when it is neces- sary to close the beach due to high levels of unhealthful runoff. XXX -1 ieSl:k Jr • • The City's beaches provide recreational opportunities for re- gional residents and visitors from throughout Los Angeles and Orange counties, as demonstrated by the two million visitors to Seal Beach each year. The FY 1999/2000 budget included funding to the Coastal Conservancy for planning and design for a Debris Boom as part of the City's Ocean Water Quality Management Plan. Previ- ously, in February 2001, the Coastal Conservancy approved a grant for preparation of the City's Ocean Water Quality Pro- gram. At this time, the City of Seal Beach is requesting that the Coastal Conservancy approve authorization of $300,000 to un- dertake planning and design for a Debris Boom as part of the City's Ocean Water Quality Management Plan. XXX -2 KIN r • • COASTAL CONSERVANCY Staff Recommendation June 25, 2001 SEAL BEACH OCEAN WATER QUALITY PROGRAM: DEBRIS.BOOM PLANNING AND DESIGN File No. 01 -014 Project Manager: Marc Beyeler STAFF RECOMMENDATION: Staff recommends that the State Coastal Conservancy adopt the following Resolution pursuant to Sections 31251 -31270 of Di- vision 21 of the Public Resources Code: "The State Coastal Conservancy hereby authorizes dis- bursement of an amount not to exceed three hundred thou- sand dollars ($300,000) to the City of Seal Beach to under- take planning and design for a Debris Boom as part of the City's Ocean Water Quality Management Plan. This auth- orization is subject to the condition that prior to the dis- bursement of any funds, the City of Seal Beach shall submit for the review and approval of the Conservancy's Executive Officer: 1. A work program, including schedule, budget and time- line; and 2. The names of any contractors it intends to use for the project." Staff further recommends that the Conservancy adopt the fol- lowing findings: "Based on the accompanying staff report and attached ex- hibits, the State Coastal Conservancy hereby finds that: 1. The proposed project is consistent with the purposes and criteria in Chapter 6 of the Public Resources Code (Sections 31251- 31270) regarding the enhancement of coastal resources; and 2. The proposed project is consistent with the Project Se- lection Criteria and Guidelines adopted by the Coastal Conservancy on January 24, 2001." XXX -3 • •. • STAFF DISCUSSION: Project Description: The project involves planning and design for the Seal Beach Debris Boom, as part of the the development of the City's Ocean Water Quality Management Plan. The Management Plan will be the basis for the City's Storm Water and Urban Runoff Master Plan and a Water Quality Capital Improvement Pro- gram. Project Financing: Coastal Conservancy* $300,000 Total $300,000 * The source of Conservancy funds is the FY 1999/2000 Gen- eral Fund appropriation of$300,000 for the"Planning, design and construction of the Debris Boom" in Seal Beach. Site Description: The San Gabriel River watershed covers more than 900 square miles within Los Angeles and Orange counties and conveys its drainage runoff to the Pacific Ocean at the City of Seal Beach. Along with the drainage waters, the City of Seal Beach receives massive amounts of trash and debris on its beaches. Ocean water quality in the vicinity of Seal Beach is extremely de- graded, especially during storm related flows when its is neces- sary to close the beach due to high levels of unhealthful runoff. The City's beaches provide recreational opportunities for re- gional residents and visitors from throughout Los Angeles and Orange counties, as demonstrated by the two million visitors to Seal Beach each year. Project History: Since 1998, the City of Seal Beach has been developing a re- sponse to the problem of degraded ocean water quality. In 2000, the beaches along the Seal Beach coastline were closed four times within six months due to "unhealthy" water quality. Late in 2000, the City established a 10-member Ad Hoc Citi- zens Advisory Board to provide oversight in the preparation of an Ocean Water Quality Management Plan. Since 1998, the City of Seal Beach has devoted substantial in- kind staff resources to addressing coastal water quality prob- lems. In addition, in 1999 the City authorized more than $100,000 in equipment purchases to upgrade its street sweep- ing and trash collection capabilities to minimize runoff impacts from local streets and from public use of its beaches. The City has prepared a scope of work and retained a private consulting firm to prepare the Management Plan. The proposed XXX-4 • • scope of work for the Ocean Water Quality Management Plan addresses both local and regional causes of coastal water pol- lution. While the City is responsible for storm water resulting from local sources, such as municipal facilities and public roads, the Ocean Water Quality Program will also address re- gional sources of coastal water pollution and allow the City to participate in regional initiatives to address nonpoint sources of coastal pollution. As part of the proposed work, the City and its consultants will be involved in planning efforts to control pol- lution originating within the San Gabriel River watershed. Planning and design work on the debris boom will further im- plement the City's coastal water quality plan. PROJECT SUPPORT: The proposed project has community, agency, and legislative support, including Assemblymember Tom Harmon and State Senator Ross Johnson. Letters of support will be hand - carried to the Conservancy's June 25th meeting CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION: CONSISTENCY WITH CONSERVANCY'S PROJECT SELECTION CRITERIA & GUIDELINES: Chapter 6 of Division 21 of the Public Resources Code (Sec- tions 31251- 31270) provides for the Coastal Conservancy's participation in a program of coastal resource enhancement. The proposed authorization would facilitate the enhancement of coastal water quality and coastal resources along the Seal Beach coastline. Accordingly, the proposed project is consistent with Section 31251, under which the Conservancy may award grants to state agencies, local public agencies, and nonprofit organizations for projects that seek to remedy loss of natural values because of natural or human - induced events. The proposed project is consistent with the Conservancy's Proj- ect Selection Criteria and Guidelines adopted January 24, 2001, in the following respects: Required Criteria Promotion of the Conservancy's statutory programs and purposes: As indicated above, the proposed project is consis- tent with Chapter 6 of Division 21 of the Public Resources XXX -5 • • Code (Sections 31251-31270.), which provides for the Coastal Conservancy's participation in coastal resource enhancement projects. Consistency with funding source: The Debris Boom planning and design tasks will be funded-with monies appropriated to the Conservancy for developing the program from the General Fund. Support: The proposed project has community and agency support. Letters of support will be hand-carried to the Conser- vancy's June 25th meeting. Location: The proposed project is intended to plan for an im- portant water quality improvement project for the City of Seal Beach. The Seal Beach coastline and the San Gabriel River watershed are important natural resource areas of concern to the Coastal Conservancy for more than two decades. Need: The financial support and participation of the Conser- vancy is critical for the success of this project. Conservancy's funding and staff assistance are needed to ensure that the De- bris Boom planning and design and the related Ocean Water Quality Program is integrated into local and state coastal re- source priorities. Greater than Local Interest: Enhancement of coastal re- sources through water quality improvement projects has great priority at the state level. In addition, as noted above, the City of Seal Beach hosts approximately two million visitors to its beaches each year, more than 90 percent of whom are regional visitors. Additional Criteria Significance: The proposed project represents an opportunity to develop resource and water quality projects that will enhance coastal resources that have been negatively impacted as the re- sult of urban development. Resolution of More Than One Issue: The scope of the pro- posed work would encompass resource enhancement, public access, environmental education, and water quality. Leverage: Investment of state funds into the proposed project will result in the positive leverage of local funds and the poten- tial for additional grant funding. XXX-6 r li u •• • • CONSISTENCY WITH THE COASTAL ACT: The proposed project would be consistent with the planning and management policies contained in Section 30231 of the Public Resources Code, which states that "the biological pro- ductivity and the quality of coastal waters, streams, wetlands, estuaries and lakes appropriate to maintain optimum popula- tions of marine organisms and for the protection of human health shall be maintained and, where feasible, restored...." COMPLIANCE WITH CEQA: The proposed planning and design for the Debris Boom is statutorily exempt from CEQA under 14 California Code of Regulations Section 15262 as it involves the planning and fea- sibility analyses. Conservancy staff will file a Notice of Ex- emption upon Conservancy approval. XXX -7 E,' SIT A LAGUNA BEACH SOUTH LAGUNA Dana Pt. DANA POINT -y14-1.5i 1. E &IoN — wCA -roN I4X-P S�h� l?�AGI-E 6NktigIT PrZhJE&T-(rOgic-Tipht MM) 1;a1t66