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Melendrez Associates (2012)
CITY OF RANCHO PALOS VERDES DESIGN PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this 18th day of December 2012 by and between the City of Rancho Palos Verdes(hereinafter referred to as the "CITY") and Melendrez(hereafter referred to as "CONSULTANT"). • IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto agree as follows: • ARTICLE 1 SCOPE OF SERVICES 1.1 Proiect Description The Project is described as the Abalone Cove Shoreline Park Improvements- Land and Water Conservation Grant Project. 1.2 Description of Services CONSULTANT shall prepare plans, specifications, and cost estimates and attend meetings for the Project, including Project initiation and management, field inventory, engineering design, and Project management services during bidding and construction, as described in the CONSULTANT'S Proposal, which is attached hereto as Exhibit"A" and incorporated herein by this reference. 1.3 Schedule of Work Upon receipt of written Notice to Proceed from the CITY, CONSULTANT shall perform with due diligence the,services requested by the CITY. Time is of the essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall CONSULTANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts,accidents,or acts of God,or the failure of CITY to furnish timely information or to approve or disapprove CONSULTANT's work promptly,or delay or faulty performance by CITY, other consultants/contractors, or governmental agencies, or any other delays beyond CONSULTANT's control or without CONSULTANT's fault. ARTICLE 2 COMPENSATION 2.1 Fee CITY agrees to compensate CONSULTANT in accordance with the fee Page 1 of 12 86876-000111347704v1.doc Agreement for Design Professional Services H-16 schedule included in Exhibit "A," and in any case an amount not to exceed fifty two thousand five hundred dollars and zero cents ($52,500.00) for services as described in Article 1. Fees for optional tasks stated in Exhibit"A" are payable only with prior written approval of the City to proceed with those tasks. 2.2 Terms of Compensation CONSULTANT shall submit monthly invoices for the percentage of work completed in the previous month. CITY agrees to authorize payment`for all undisputed invoice amounts within thirty(30)days of receipt of each invoice. CITY-agrees to use its best efforts to notify CONSULTANT of any disputed invoice amounts or claimed completion percentages within ten (10) days of the receipt of each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion percentage shall not be deemed a waiver of CITY's right to challenge such amount or percentage. Additionally, in the event CITY fails to pay any undisputed amounts due CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY agrees that CONSULTANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSULTANT without liability to CONSULTANT upon ten (10)working days advance written notice. 2.3 Additional Services CITY may request additional specified work under this Agreement. All such work must be authorized in writing by the CITY's Director of Public Works prior to commencement. CONSULTANT shall perform such services,and CITY shall pay for such additional services in accordance with CONSULTANT's fee schedule, which is within Exhibit"A." The rates in Exhibit"A" shall be in effect through the end of this Agreement. 2.4 Term of Agreement This Agreement shall commence on December 19,2012 and shall terminate on December 30, 2014, unless sooner terminated pursuant to Article 4 of this Agreement. ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification. Hold Harmless, and Duty to Defend (a) Indemnity for Design Professional Services. In connection with its design professional services,CONSULTANT shall hold harmless and indemnify CITY,and its officials,officers, employees,agents and independent contractors serving in the role of Page 2 of 12 86876-0001\1347704v1.doc Agreement for Design Professional Services H-17 CITY officials,and designated volunteers(collectively,"Indemnitees"),with respect to any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property,which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of CONSULTANT or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement. (b) Other Indemnities.' In connection with any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Section 3.1(a),CONSULTANT shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of CONSULTANT or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY, as determined by final arbitration or court decision or by the agreement of the parties. CONSULTANT shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of CITY's choice, and shall pay all costs and expenses,including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Section 3.1(b)shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees. • (c) All duties of CONSULTANT under Section 3.1 shall survive termination of this Agreement. 3.2 General Liability CONSULTANT shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy or policies of Commercial General Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each occurrence and two million dollars($2,000,000)general aggregate for bodily injury,death, loss or property damage for products or completed operations and any and all other activities undertaken by CONSULTANT in the performance of this Agreement. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better. 3.3 Professional Liability CONSULTANT shall at all times during the term of this Agreement, carry, Page 3 of 12 R6876-000111347704v1.doc Agreement for Design Professional Services H-18 maintain, and keep in full force and effect a policy or policies of professional liability insurance with a minimum limit of one million dollars($1,000,000)per claim and aggregate for errors and/or omissions of CONSULTANT in the performance of this Agreement.Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in Best's Insurance Guide with a rating of A:VII or better. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services on the CITY's behalf until three(3)years after the date of work or services are accepted as completed. Coverage for the post-completion period may be provided by renewal or replacement of the policy for each of the three(3)years or bya three-year extended reporting period endorsement, which reinstates all limits for the extended reporting period. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of the CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. 3.4 Automobile Liability CONSULTANT shall at all times during the term of this Agreement obtain, maintain, and keep in full force and effect, a policy or policies of Automobile Liability Insurance,with minimum of one million dollars($1,000,000)per claim and occurrence and two million dollars($2,000,000) in the aggregate for bodily injuries or death of one person and five hundred thousand dollars ($500,000) for property damage arising from one incident. 3.5 Worker's Compensation CONSULTANT agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by the law. CONSULTANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees. 3.6 Notice of Cancellation (a) All insurance policies shall provide that the insurance coverage shall not be cancelled or modified by the insurance carrier without thirty (30)days prior written notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium. CONSULTANT agrees that it will not cancel or reduce said insurance coverage. (b) CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT's expense, the premium thereon. Page 4 of 12 R6876-000111347704v1.doc Agreement for Design Professional Services H-19 3.7 Certificate of Insurance At all times during the term of this Agreement,CONSULTANT shall maintain on file with the CITY Clerk a certificate of insurance showing that the aforesaid policies are in effect in the required amounts. The commercial general liability policy shall contain endorsements naming the CITY, its officers,agents and employees as additional insureds. 3.8 Primary Coverage The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The insurance, policies (other than workers compensation and professional liability) shall include.provisions for waiver of subrogation. ARTICLE 4 TERMINATION 4.1 Termination of Agreement (a) This Agreement may be terminated at any time,with or without cause, by the CITY upon thirty(30)days prior written notice or by CONSULTANT upon ninety(90) days prior written notice. Notice shall be deemed served if completed in compliance with Section 6.14. (b) In the event of termination or cancellation of this Agreement by CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows:for work satisfactorily done in accordance with all of the terms and provisions of this Agreement, CONSULTANT shall be paid an amount equal to the percentage of services performed prior to the effective date of termination or cancellation in accordance with the work items; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which • would have been paid to CONSULTANT for the full performance of the services described in this Agreement. ARTICLE 5 OWNERSHIP OF DOCUMENTS 5.1 Ownership of Documents and Work Product All documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by CONSULTANT pursuant to this Agreement ("Written Products") shall be and remain the property of the Page 5 of 12 R6876-000111347704v1.doc Agreement for Design Professional Services H-20 CITY without restriction or limitation upon its use,duplication or dissemination by the CITY. All Written Products shall be considered "works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to,all copyrights and other proprietary rights,shall be and remain the property of the CITY without restriction or limitation upon their use, duplication or dissemination by the CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any Written Products. . CONSULTANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to the paragraph directly above this one. CONSULTANT warrants and represents that it has secured all necessary licenses,consents or approvals to use any instrumentality,thing or component as to which any intellectual property right exists, including computer software,used in the rendering of the services and the production of all Written Products produced under this Agreement, and that the CITY has full legal title to and the right to reproduce the Written Products. CONSULTANT shall defend, indemnify and hold the CITY,and its elected officials,officers, employees,servants,attorneys,designated volunteers,and agents serving as independent contractors in the role of CITY officials, harmless from any loss,claim or liability in any way related to a claim that CITY's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction,or by procuring a license or licenses for CITY; or (b) modify the Written Products and other deliverables so that they become non- • infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. Upon termination, abandonment or suspension of the Project, the CONSULTANT shall deliver to the CITY all Written Products and other deliverables related to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a document on a computer, CONSULTANT shall provide CITY with said document both in a printed format and in an electronic format that is acceptable to the CITY. ARTICLE 6 GENERAL PROVISIONS Page 6 of 12 R6876-000111347704v1.doc Agreement for Design Professional Services H-21 6.1 Representation The CITY representative shall be the Director of Public Works or his or her designee, and CONSULTANT shall notify CITY of CONSULTANT's designated representative. These individuals shall be the primary contact persons for the parties regarding performance of this Agreement. • 6.2 Fair Employment Practices/Equal Opportunity Acts In the performance of this Agreement, CONSULTANT shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48),the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1992(42 U.S.C.§11200,et seq.). CONSULTANT shall not unlawfully discriminate against any individual based a category or status including but not limited to race, color, religion, nationality,gender, sex, sexual orientation, age or condition of disability. CONSULTANT understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all federal and state statutes and local ordinances and regulations. 6.3 Personnel CONSULTANT represents that it has,or shall secure at its own expense, all personnel required to perform CONSULTANT'S services under this Agreement. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. CONSULTANT shall make reasonable efforts to maintain the continuity of CONSULTANT's staff who are assigned to perform the services hereunder and shall obtain the approval of the Director of Public Works of all proposed staff members who will perform such services. CONSULTANT may associate with or employ associates or subcontractors in the performance of its services under this Agreement, but at all times shall CONSULTANT be responsible for its associates and subcontractors' services. 6.4 CONSULTANT's Representations CONSULTANT represents, covenants and agrees that:a)CONSULTANT is licensed, qualified, and capable of furnishing the labor, materials,and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b)there are no obligations,commitments,or impediments of any kind that will limit or prevent CONSULTANT's full performance under this Agreement; c) to the extent required by the standard of practice, CONSULTANT has investigated and considered the scope of services performed, has carefully considered how the services should be performed, and understands the facilities, difficulties and restrictions attending Page 7 of 12 R6876-0001 t1347704v1.doc Agreement for Design Professional Services H-22 performance of the services under this Agreement. 6.5 Conflicts of Interest CONSULTANT agrees not to accept any employment or representation during the term of this Agreement or within twelve(12)months after completion of the work under this Agreement which is or may likely make CONSULTANT"financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decisions made by CITY on any matter in connection with which CONSULTANT has been retained pursuant to this Agreement. 6.6 Legal Action (a) Should either party to this Agreement bring legal action against the other,the validity, interpretation,and performance of this Agreement shall be controlled by and construed under the laws of the State of California,excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. (b) If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach,default or misrepresentation in connection with this Agreement,the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. (c) Should any legal action about a project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSULTANT was negligent,CITY shall compensate CONSULTANT for its testimony and preparation to testify at the hourly rates in effect at the time of such testimony. 6.7 Assignment Neither this Agreement nor any part thereof shall be assigned by CONSULTANT without the prior written consent of the CITY. Any such purported assignment without written consent shall be null and void, and CONSULTANT shall hold harmless,defend and indemnify the CITY and its officers,officials, employees,agents and representatives with respect to any claim,demand or action arising from any unauthorized assignment. Notwithstanding the above,CONSULTANT may use the services of persons and entities not in CONSULTANT's direct employ,when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, surveyors, Page 8 of 12 86876-0001\1347704v1.doc Agreement for Design Professional Services H-23 specialized consultants, and testing laboratories. CONSULTANT's use of subcontractors for additional services shall not be unreasonably restricted by the CITY provided CONSULTANT notifies the CITY in advance. 6.8 Independent Contractor CONSULTANT is and shall at all times remain, as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set forth, and CONSULTANT is free to dispose of all portions of its time and'activities which it is not obligated to devote to the CITY in such a manner and to such persons, firms, or corporations as the CONSULTANT wishes except as expressly provided in this Agreement. CONSULTANT shall have no power to incur any debt,obligation,or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of CITY. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement,and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers' compensation law regarding CONSULTANT and its employees. CONSULTANT further agrees to indemnify and hold the CITY harmless from any failure of CONSULTANT to comply with applicable workers'compensation laws. The CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to the CITY from CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or indemnification arising under this Article. 6.9 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.10 Entire Agreement This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties. 6.11 Construction In the event of any asserted ambiguity in, or dispute regarding the Page 9 of 12 R6876-0001\1347704v1.doc Agreement for Design Professional Services H-24 interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 6.12 Non-waiver of Terms, Rights and Remedies Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall *the making by the CITY of any payment to CONSULTANT constitute or be construed as a waiver by the CITY of any breach of covenant, or any default which may then exist on the part of CONSULTANT, and the making of any such payment by the CITY shall in no way impair or prejudice any right or remedy available to the CITY with regard to such breach or default. 6.13 Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 6.14 Notice Except as otherwise required by law, any payments, notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on(a)the day of delivery if delivered by hand or overnight courier service during CONSULTANT's or CITY's regular business hours or(b)on the third business day following deposit in the United States mail, postage prepaid,to the addresses listed below, or at such other address as one party may notify the other: To CITY: James B. Hendrickson, Interim Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONSULTANT: Melani Smith Melendrez James Oviatt Building, 11th Floor 617 South Olive Street Los Angeles, Ca 90014 Page 10 of 12 R6876-000111347704v1.doc Agreement for Design Professional Services H-25 6.15 Contract with State This Agreement is funded in part by the Land and Water Conservation Fund. City applied for this funding from the State, and that application is attached hereto as Exhibit"B" and is incorporated herein by this reference. City also has a contract with the State of California therefor,which is attached hereto as Exhibit"C"and incorporated herein by this reference. CONSULTANT shall adhere to all relevant provisions of Exhibits "B" and "C." 6.16. Order of Precedence In the event of any conflict between various provisions of Agreement and its incorporated documents, the terms of Exhibits "B" and "C" shall control, followed by the terms of the Agreement, and finally by the terms of Exhibit"A." IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated:504041 tO gel MELENDREZ ("CONSULTANT" By: hidehotk Printed Name: LI.1 V. (51140%0 Title: etttiaVAICSO By: Printed Name: Title: Page 11 of12 R6876-000111347704v1.doc Agreement for Design Professional Services H-26 Dated: CITY OF RANCHO PALOS VERDES ("CITY") By: dierC} Mayor ATTEST: APPROVED AS TO FORM: By: 11# PleLed1C--- By: City Clerk City Attorney Page 12 of 12 R6876-0001\1347704v1.doc Agreement for Design Professional Services H-27 Exhibit"A": Consultant's Proposal, including fee schedule . r • R6876-000111347704v 1.doc H-28 Abalone Cove Park Improvements m City of Rancho Palos Verdes,CA FINAL November 27,2012 { • rn N-4 A, Project Assumptions E F2 1. PROJECT AREA: The site consists of approximately 172,000 s.f.or g;agf 3.94 acres(see attached plan). • 2 o - 2. BASES: The Cityof Rancho Palos Verdes shallprovide a surveyor � Q_oc a N accurate,electronic base sheets(AutoCAD Ver.2000 or later)to the Project Team in order to develop drawings showing proposed o$ _ improvements including building footprints and openings,and survey = showing existing improvements including: property lines,topography, easements,curbs,utilities,structures, light poles, paving,tree trunk 0 locations ad sizes(diameter at 4'high), areas nd irrigation planting systems. 3. SCOPE: The LANDSCAPE ARCHITECT and Consultants are responsible for the design,construction documents,and field observation,in compliance with applicable codes,for a. Grading,drainage and utilities(including SWPPP if this optional task is required,and erosion control) b. Permeable pedestrian paving for trails/paths/viewing nodes/outdoor classrooms c. Site fencing d. Children's exploration play area e. Planting(coordinated with City Staff/City Consultant) f. Irrigation(controller design based on availability of existing services on site) g. Site amenities(benches,tables,bike racks,drinking fountains (including water line),boulders,shade structures,telescopes). Custom amenities are not included. h. Installation of signage(signage design to be provided by others) 4. PHASING: The project will be designed and implemented in one continuous effort and not separated into multiple bid packages or construction phases. 5. CONSULTANTS: The work of the following Consultants is included: a. Irrigation Consultant—included in Landscape Architect's scope of work b. Civil Engineer Any other necessary consultants are in addition to the contract and will be billed at a factor of 1.10. 6. SOIL FERTILITY TEST: If necessary,the LANDSCAPE ARCHITECT shall engage a consultant to provide soils tests and analysis for fertility and agricultural suitability with recommendations for soil amendments by H-29 a soils testing laboratory prior to the commencement of Construction Documents. Grow tests may be required if hazard materials are present on the site. m 7. RESPONSIBILITIES: Construction Documents will include hardscape layout and details,site rough and fine grading and drainage,and � signage. Design shall follow the current CAL ADAAG and local ADA guidelines. rrt 8. INTERIOR PLANTING: Interior planter and planting design and irrigation are not included. 9. SPECIFICATIONS: The City of Rancho Palos Verdes shall provide the standard General Conditions,Special Conditions,and Bidding Instructions. Technical Specifications for Construction Items shall be provided by the Design Team in Green Book Format or CSI Master Format. 10. FOUNTAIN MECHANICAL ENGINEERING: Fountain mechanical design and related consultant's fees are not included. If requested, LANDSCAPE ARCHITECT will provide fee for the City of Rancho Palos Verdes'review and approval at the completion of Conceptual Design. No fountains are anticipated. 11. ON-STRUCTURE COORDINATION: The work effort is on-grade,not on-structure. 12. UTILITY COMPLIANCE: Project Team shall coordinate utilities to identify and locate any existing or required future utilities. The Design Team, in conjunction with the City of Rancho Palos Verdes,shall also review designs with utility companies,the Fire Marshall's office and any other outside agencies for compliance with code requirements and obtain any necessary approvals. 13. COST ESTIMATING: Cost estimates for the scope of work shall be prepared by the Design Team at 100%Design Development and at 100%Construction Documents phase. 14. APPROVAL AND PERMITS: Coordination for Agency approvals and building permits shall be by the City of Rancho Palos Verdes and submittals of plans made and coordinated by Landscape Architect unless otherwise noted. 15. WORK AUTHORIZATION APPROVAL: Written request to commence each task constitutes approval of prior work. Changes requested by owner,to design work previously approved but requested in subsequent phases of work,will be considered additional services. Additional services requests will be documented,approved in writing by the City of Rancho Palos Verdes, and billed on an hourly basis. 16. RECORD DRAWINGS: Preparation of record drawings shall be by the Contractor in a format acceptable to the City of Rancho Palos Verdes. 17. ARBORIST REPORT: Existing trees can be evaluated by a Certified Arborist provided by the City of Rancho Palos Verdes if necessary. Existing tree trunks and canopies shall be noted on survey by City of Rancho Palos Verdes's Surveyor. Proposal Abalone Cove Park Improvements FINAL November 27,2012 Page 2 of 8 H-30 18. ADDITIONAL SERVICES: Tasks not included in this Scope of Services, but requested by the City of Rancho Palos Verdes shall be identified as such and billed at the LANDSCAPE ARCHITECT's or appropriate ri Consultant's current Hourly Rates. 19. FEES: City of Rancho Palos Verdes shall pay all agency fees,permits and assessments.- rri 20. SPECIAL MEETINGS: Necessary preparation time and attendance at public hearings or agency meetings by LANDSCAPE ARCHITECT are not within this Scope of Services and will be considered an additional service unless otherwise noted. 21. PROJECT BUDGET: Level of design and construction documentation is based on an assumed value of improvements of approximately $621,000. 22. TIME SCHEDULE: The design work phase schedule shall be eight months. Changes to the schedule shall be made by mutual agreement. B. Scope of Service Phase I-Schematic Design(Task A)—2 months anticipated duration Based on direction to proceed and receipt of electronic data and base sheets,the DESIGN TEAM will provide: 1. Program review with the City of Rancho Palos Verdes. 2. Site visit/field inventory and review of existing conditions,including clarification of invasive plant species issue with City Staff!City Consultant. 3. Review municipal landscape ordinances along with grant requirements. 4. Conceptual design plan,colored and rendered(includes one design refinement based on Client and Focus Group comments). a. Hardscape/paving for project area trails/paths/viewing nodes/outdoor classrooms,which will be ADA accessible. If accessibility is an unreasonable hardship,the City of Rancho Palos Verdes shall file for an exemption. b. Planting c. Signage locations d. Furnishings including two shade structures,picnic tables, benches,trash and recycling receptacles,a drinking fountain, mutt mitt dispensers,bike racks and a telescope. e. Children's Exploration Play Area f. Bluff fencing for project area 5. Photo image boards. 6. Preliminary coordination as required with Civil Engineers. 7. Menu of project items and estimated unit costs 8. Attendance at maximum 4 design/review meetings(anticipated every other week)to be coupled with 4 focus group meetings. Eight meetings, Proposal Abalone Cove Park Improvements FINAL November 27,2012 Page 3 of 8 H-31 in four work sessions. Focus group meetings are anticipated to address rim the following issues: 1. Programming,opportunities and constraints;2. Optional Redirection Dialogue;3. Conceptual design plan;4.Optional rri revisiting of design plan based on refinement. Phase II•Design Development(Task B)—1 month anticipated duration rat" Based on approval of the Schematic Design,the DESIGN TEAM will provide: l 1. Coordination with Civil Engineer to provide site drains,curb drains;and water stub-outs/P.O.C.for irrigation system and drinking fountains and water line,as well as SWPPP if this optional task is necessary. 2. Preliminary erosion control plan. 3. Preliminary fine grading and drainage plan. 4. Hardscape design with paving materials,ramps,furnishings and signage identified. 5. Preliminary planting plans with major plant material types and locations identified. 6. Sections and/or elevations as necessary to clarify design intent. 7. Preliminary structural details for shade structures. 8. Outline specifications in Green Book Specifications. 9. Preparation of Statement of Probable Construction Cost. 10. Attendance at maximum 1 City review/coordination meeting and maximum 1 one Focus Group meeting at which the final design development plan will be presented. Phase Ill-Construction Documents(Task B)--10 week anticipated duration Based on approval of the Design Development plans the DESIGN TEAM will provide: 1. Civil Engineering Plans and Details—erosion control,grading/drainage, horizontal control, SWPP if required,and utility plans and details. 2. Structural Details—shade structure details as required. 3. Site Construction Plans and Details-locations and type of all paving materials and exterior hardscape elements,including types of materials, colors,textures,dimensions,site furnishings,children's exploration play elements,signage,and boulders. 4. Planting Plan and Details-detailed plant call outs and planting details. 5. Irrigation Plan and Details-detailed automatic irrigation plan indicating location and type of backflow prevention, P.O.C.,mainlines, laterals, heads,valves,quick couplers,and automatic controllers. 6. Technical specifications for all project elements in either CSI format or Green Book Specifications. Proposal Abalone Cove Park Improvements FINAL November 27,2012 Page 4 of 8 H-32 rri7. Attendance at maximum 3 review/coordination meetings. mm. Construction Drawings are anticipated to include the following drawings: Sheet Name Scale Quantity General Notes,Legend N.A. 1 Erosion Control Plan 1"=20' 1 Grading Plan 1"=20' 1 Paving and Layout Plan 1"=20' 1 Drainage Plan 1"=20' 1 Civil Details N.A. 2 Tree Preservation Plan 1"=20'(minimum) 1 Construction Plan - 1"=20' 1 Construction Plan-Blow ups 1/8"=1' 1 Construction Details N.A 2 Irrigation Plan 1"=20'(Minimum) 1 Irrigation Details N.A. 2 Planting Plan 1"=20'(Minimum) 1 Planting Details N.A. 1 Structural Details N.A. 1 Total Sheets: 18 Phase IV—Bidding(Task C)—.75 day anticipated duration During the bidding of the construction documents, the DESIGN TEAM will: 1. Answer questions from contractors. 2. Prepare addenda as needed. 3. Provide copies of documentation as necessary for the bidding process and assist City of RPV in reviewing formal bids from Contractors. Phase V•Construction Administration(Task C)(6 Site and/or Nursery Visits for Landscape Architect;2 site meetings for Civil Engineer)-6 month anticipated duration,TBD by contractor After successful award of Contract,the DESIGN TEAM will periodically observe construction to review and provide written documentation regarding compliance with design intent and construction documents to include: 1. Respond to requests for information, issue clarifications and process shop drawings. 2. Installation of construction materials. 3. Irrigation system. 4. Soil preparation,plant materials,plant material locations,planting pits, seeding,sodding,and/or hydromulch. 5. Final installation of plant materials prior to commencement of maintenance period. Proposal Abalone Cove Park Improvements FINAL November 27,2012 Page 5 of 8 H-33 r,, • Optional SWPPP Developer(QSD)services. r— rt." C. Fee Schedule • '" Melendrez r" The Landscape Architect proposes to undertake Phases I through V of work for I lump sum fees as follow: Phase I Schematic Design $ 7,000 Phase II Design Development $ 3,000 Phase III Construction Documents $ 12,500 Phase IV Bidding $ 2,000 Phase V Construction Administration 5,500 • TOTAL: 30,000 Civil Subconsultant The Civil subconsultant proposes to undertake Phases I through V of work for lump sum fees as follow: Phase I Schematic Design $ 0 Phase II Design Development $ 3,000 Phase III Construction Documents $ 4,300 Phase IV Bidding $ 0 Phase V Construction Administration 3.000 TOTAL: 10,300 Optional tasks include the following: SWPPP $ 4,500 Soil fertility test allowance $ 3,000 Total Fees for Phases I-V Phase I Schematic Design $ 7,000 Phase II Design Development $ 6,000 Phase Ill Construction Documents $ 16,800 Phase IV Bidding $ 2,000 • Phase V Construction Administration $ 8,500 TOTAL: $ 40,300 Reimbursable Expenses Estimate: $ 4,700 TOTAL COSTS FOR BASE PROPOSAL: $ 45,000 TOTAL COSTS(Optional Tasks) $ 7,500 D. Compensation for Additional Services If the scope of the Project or of the LANDSCAPE ARCHITECTS services is changed at the request of the CLIENT,the compensation shall be equitably adjusted. Additional services will be billed according to the following hourly rate schedule: Landscape Architecture/Urban Planning: Principal $185/hour Senior Associate $140/hour Proposal Abalone Cove Park Improvements FINAL November 27,2012 Page 6 of 8 H-34 Associate $130/hour rrs Senior Designer $110/hour Designer $ 95/hour rr: Administrative $ 65/hour Clerical $ 55/hour Civil Engineering: Principal-in-Charge $185/hour rrt Senior Civil Engineer $165/hour Project Manager $150/hour Project Engineer $120/hour Design Engineer $100/hour Chief Drafter $140/hour Drafter/CAD Operator $100/hour Administrative/Secretary $ 85/hour E. Compensation for Reimbursable Expenses Reimbursable expenses are in addition to compensation for the Landscape Architect's services and will be billed at cost plus 10%handling charge. Reimbursable expenses include but are not limited to expense of transportation in connection with the project,out of town travel,photography,reproductions, computer plotting, postage and handling of drawings, long distance telephone charges,messenger charges,and fees paid for securing approval of authorities having jurisdiction over the project. Notice: Landscape Architects are licensed by the State of California. cc: Scott Baker Melani Smith . Proposal Abalone Cove Park Improvements FINAL November 27,2012 Page 7 of 8 H-35 7 ] 11 0 N ] 1 ] Itil -,0-rt>-0 a.)----,cr ,,,-, ,.._a)-8 , ABALONE COVE SHORELINE PARK IMPROVEMENT PROJECT c Za)c'' SECTION 6(F)3 BOUNDARY MAP ......0 n 00 r)0 3 CD - " -. '• / ' ' '-.'' *' • : IQ, , 401. It " ''''. , ':''' '''' 1 • "4 , Ili' - .r it Y:-.•4r#14% --r..)3 . ,,, , r,,,,-,, , ,,,,, ,,,), .. .1• • •, . 0 D i • .......0 (D 4 ' Ace/it:mew ' f** :ijik 4111* • • ,/,'- — ,it,'. -, # . --) .„': rD *h. m V. "''''.‘ighlilibiZlial .„ ,, . ,* ' ,• - , 'i ^ „.. .r+ 1'6'V *et' ifi ''' / */** ''14e 4 . IV ' 4. .,•,,,,._ , ' ' 4 M i '4',, „„,4 , I:"'. ./ -7:"•..04' ,' ' -1 •4 ' ."'''' ,gli k', .,,s ','-.• ii, ... -4,„;,,,,i,, , .;_, , 1 . , _ „., , . .,,,.. , , '‘....,- • h, ' At • 1 i'''•,,,„ . ,' ', . i 1 , - ,..0 •gr 4, . ,Ilk ' Vi14,74.... ' ii ' , r ioiiP . , -Street Ce' ,,t i 1- C.::NCCP Pr•-:r V- ',,„, lam Ecological Res- ,..1:-!..11.11(1,-.i.; e 'W.'S f a ( , . I(1,t IV( ,'--)1 c iii'A 1 1 -i 1 79.16 Acrns January 25,2011 7572010900 Arrengn of Part, pain of Prnomon Map Assmsors littrcal No Slansturn of IndNi du al Authorized in Resolubon Dam 1 I ) 0) Exhibit"B": City's application for Land and Water Conservation Fund Grant • • . 86876-0001\1347704v1.doc H-37 City of Rancho Palos Verdes Water Conserv tion Fund Programand anda Abalone Cove Shoreline Park 1 Improvement Project ."'6* '4*** { gxyf�: R L}•� s..j`� .c �' -i.. vp, a • •.w PREPARED FOR: State of California Department of Parks and Recreation Office of Grants and Local Services Po Box 942896 Sacramento,California 94296-0001 PREPARED BY: Rancho Palos Verdes Department of Administration 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275 (310)544-5205 November 1,2010 H-38 City of Rancho Palos Verdes The Abalone Cove Nature Education Center • • Stefan Wolowicz,Mayor Thomas D.Long,Mayor Pro Tern Brian Campbell,Council Member•Anthony M.Misetich,Council Member Douglas W.Stern,Council Member Carolyn Lehr,City Manager H-39 City of Rancho Palos Verdes The Abalone Cove Nature Education Center Table of Contents Application Form 1 Resolution 1. 2 Section 6(F)(3)Boundary Map 4 Land Tenure 5 • Development Cost Estimate 6 Match Certification Form 7 California Environmental Quality Act(CEQA)Compliance 8 Proposal Description/Environmental Screening Form(PD/ESF).,. 9 Concept Level Site Plan 28 Project Location Map/Directions . 29 Photos of the Project Site 30 Project Service Area 34 Project Proposal Area 35 H-40 Part II Suite of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION Land and Water Conservation Fund Program Application This form and required attachments must be submitted for each Project site. PROJECT NAME 310,830 Abalone Cove Shoreline Park Improvement Amount of Grant requested $ Mato $ 310.830 Project 621,660 TYPE OF PROJECT: °Ac qui�sit 2iDevelopment t=st��r ed Total Cost $ Grant Applicant(Agency,address,and zip code) PROJECT ADDRESS at Park Entrance(Including zip obde) City of Rancho Palos Verdes 5970 Palos Verdes Drive South 30940 Hawthorne Blvd. Rancho Palos Verdes, CA.9 02 7 5 Rancho Palos Verdes, CA 90275 PROJECT ADDRESS LATITUDE AND LONGITUDE: NEAREST CITY To Degrees Minutes _ Seconds _ sN Angeles Rancho Palos Verdes Latitude 33 44 3 7 N Congress District Senate District No. - Assembly District Lon lode No. 46th 25th No.54th g 118 22 52 W Grant APPUCANT`S Representative Authorized In Resolution: - - - Carolyn Lehr, City Manager carolyn@rpv.com (310)544-5202 Name(typed or printed)and Title E-mail Address Phone Person with day-to-day responsibihty for Project(If different from authorized representative): Sara Singer, Senior Administrative Analyst saraserpv.com (310)544-5204 Name(typed or printed)and Title E-mail Address Phone GRANT SCOPE: Do not include Project merits Acquire approximately acres of land for (NAME OF PARK) OR lone Cove Shoreline NO *fueling Trailheade Picnic areas, trails, play area. educational eigrage.and landscaping. (NAME OF PARK) (items of wade to be completed with LWCF fiords end the required Match amount.) For Development Projects-Total park land is: 79•16 acres For Acquisition Projects-Total park land will be acres • IN Land is held in fee title by Grant APPLICANT 0 Land to be acquired in fee simple by Grant APPLICANT D Land held under a perpetual lease agreement 0 Land to be acquired in other than fee simple(explain) o Federal land is held under a minimum 25 year lease at the time of application I certify that the information contained in this Project Application form,including required attachments,is accurate and that this Project is consistent with the park and recreation element of the applicable city or county general plan or the district park and recreation plan and will satisfy a high priority need. Signed0 /t ( V J hA 1 3 t Grant APPLICANT`s Au orized Representative es shown in Resolution Date LWCF Program Guide 12 LWCF Program Application r1 H-41 RESOLUTION NO.2010-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUND ABALONE COVE SHORELINE PARK PROJECT. WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-in-Aid program, providing Matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes;and WHEREAS, the California Department of Parks and Recreation Is responsible for administration of the program in the State, setting up necessary rules and procedures governing Applications by local agencies under the program; and WHEREAS,said adopted procedures established by the State Department of Parks and Recreation require the APPLICANT to certify by resolution the approval of Applications and the availability of eligible Matching funds prior to submission of said Applications to the State;and WHEREAS,the proposed Abalone Cove Shoreline Park Project is consistent with the most recent California Outdoor Recreation Plan(CORP); and WHEREAS, the Project must be compatible with the land use plans of those jurisdictions immediately surrounding the Project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY: 1, Approves the filing of an Application for Land and Water Conservation Fund assistance; and 2. Agrees to abide by SECTION 6(F)(3) of Public Law 88578 which states "No property acquired or developed with assistance under this section shall,without the approval of the National Secretary of the Interior,be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds It to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location." 3. Certifies that said agency has Matching funds from eligible source(s) and can finance 100 percent of the Project,which up to half may be reimbursed; and 2 H-42 4. Certifies that the Project Is compatible with the land use plans of those jurisdictions immediately surrounding the Project;and 5. Appoints the City Manager as agent of the APPLICANT to conduct all negotiations and execute and submit all documents, including, but not limfted to,Applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned Project. PASSED,APPROVED,AND ADOPTED this 19111 day of October 2010. is/Stefan Wolowicz • Mayor ATTEST: Is/Carla Morreale City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No.2010-99 was duly and regularly passed and adopted by the said City Council at a regular meeting held on October 19,2010 by the following a roll call vote: Ayes: Campbell, Misetich, Stem, Long and Wolowicz Noes: None Absent: None Abstain: None City Clerk Resolution No.2010-99 Page 2 of 2 3 H-43 ABALONE COVE SHORELINE PARK IMPROVEMENT PROJECT SECTION 6(F)3 BOUNDARY MAP , ..._, .. _ , •. ,, (:.ditirti,(.0471kiciti,oh.o.)11lishibs: ilt-d. itckaii; ,,,, ' ,.,41:i 1.-,,,,11111:0„:" 4,4 ' j V 1 2 1117i1L::'1111:,-1 4:1:1 :11: '-' -4-7",--.--, • 4,4*4 o 0 ,,, • , 4,7,4,.. _ ,„„, *,.t,.•, ,, „, IP pp < ,',„,,,, \1 ,,,,, ,J,4, :„..../.:*,/ _4/i.:::"1 A ., V , • „:s 4,4 /,Thy„,„ ,,4,4., 11 • . ....: ,,, * '' '-' 'r '' ''I'' *E4'' ' *, ') -'It ' At P 1% 4 ' Access Point ' ,,* 44,1,1-4‘:'''''-'1(14‘:1 gb ''.:)( ... ! *, - telsookoilLabib, '. ---- • ) * , Is -40111. 4/1.,„ • is, ,'0,',. ' '''' \ • 6... ','4" . * . e ', 71•4,. ' ' 1471#.'''.:- ''`; .e,", • - A ,,,,.! '-r;--.7.".. •- - ~ (9,„, '''' -,-- ' Ilk 1 l'" t. ,,,, ,,, ".`".1 i.13'.'Th l' '"al. 4' ' , '..t. ' ''.' ' 1C1:74. ,':'‘ ......... ,.. ,, ,H:,, : :: ',....* l'------'--. l":"*"..''':1 ... , or ' ';!\‘71...4.- ..41 1 a ,--_ ' :'' `4•i . .4, -4 At, , 11. _, *Itt.ilif „ -.........„ • :'ii.'„,,,w, „ - 6/f/,'" 1•4;,,, ' .....L'i, , ,.........,..z. , , .,%,; t 0 , . ",* ',,f,'* ' -1,4',* 'A ' ‘,,, 1. . '' •• *.; . ,,,,, ,,,. , Iv i Nil t\ . • :::1,4 '1/4".Vt4itt=4,,/t,...s, ' ‘'-:,_,.. ' ' ',.,. ' i fs,, _,::::: ' * 'lip400: 1,711. .AP 1 -il• -,' r .,,,,,,„„„. _.......... , •, A , :,,,,D.,,,,-/ , 1 iik.'‘' 4 il A I • ..„ .. .,.;, .. , # ' . It .,‘,0. Ce„ ,, ..;., ,,,, , , , , Street ‘...„e - . nes , . „ ^ , i„ ,,,,,, : .WNCCP Preserve,,,,,,,,,/ . — , t lli,:: .- . • 1 ;, 7', .,.. fil/10'0: Ecological Reserve Baskirv-v ,, ,,, , .., : , . 16: .,,t,' (California Department oft "-,il t-ItLii(FI:AL)) , , „4., , - ,.. ‘:a.i.-.....- ,.. id,..,,;•,,,,,,.. . ' * .,, , , , „,,,,„ , *1,4. . ., . ' f , at... 4.71.44, ...,_,L,,, , ,, , , .,ris '1. . ,, yty ...,,,,,',, ,,/ 4 , ,,, , , .• ,,,,,., / ..,... ,0111, * Itki,y NT' a, 75 1511 26-0 i,..,, ' ''.;;A '.,', ,,,A. - 1 , . ....,..., . -1 . Cll.,(kiu. (1. r '.-71 ' 1/L i-3 1 -II 79.16 Acres January 25, 2011 7572018900 0- ( .pc i (/ 1 -I , - Signature of Indivilual Authorized in Resolution Date Acreage of Park Date of Prepared Map Assessors Puce! No ____ City of Rancho Palos Verdes Abalone Cove Shoreline Park Improvement Project 4.Land Tenure The City of Rancho Palos Verdes owns the land at the project site if fee simple without encumbrances that would have an adverse effect on the project. • 5 H-45 City of Rancho Palos Verdes Abalone Cove Shoreline Park Improvement Project 5.Cost Estimate Construction Costs Direct Opportunity(Recreation Projected Priority Percentage Facility for—refer to the charts Cost Rating of Total beginning on page Erroll Bookmark not • Costs defined.) ' Traiihead $13,585 1 2.2% Installation of Boulders . $2,640 3 0.4% , - Picnic Area $42,075 2 _ 6.8% Shade Structures/Outdoor Classroom $242,000 2 38.9% Area Trails/Viewing Areas $188,540 1 30.3% ' Interpretive Signage/Kiosk , $1,320 4 0.2% Exploration Play Area $11,000 , 1 1.8% SUPPORT FACILITIES Bike Racks $1,540 40.2% _ Bluff Top Fencing $22,000 4 3.5% Landscaping $25,960 3 ' 4.2% Irrigation Improvements $21,500 4 3.5% Subtotal A(Construction $572,160 contingencies are Included in these costs) NON-CONSTRUCTION COSTS Engineering/Administration Engineering/Architectural Fees $45,000 Administration $0 Non-Construction Contingencies $4,500 Pre-Award Project Planning $0 Subtotal B $49,500 TOTAL PROJECT COST $621,660 (Subtotal A+B) NOTE:The Total Project Cost must be consistent with the TOTAL PROJECT COST on page Application and Source of l Funds Certification form. 6 H-46 City of Rancho Palos Verdes Abalone Cove Shoreline Park Improvement Project 6.Match Certification Form Source of Funds Certification Form SOURCE DATE AMOUNT COMMITTED General Fund FY10-11 $621,660 TOTAL FUNDING SOURCES $621,660 Must Equal Estimated TOTAL PROJECT COST. The APPUCANT certifies that they have Matching funds from eligible source(s)and can finance 100 percent of the Project,which will be reimbursed at your rate of reimbursement.The APPUCANT understands the PROJECT cannot be funded unless there are sufficient funds to complete the PROJECT at the time of application.The PROJECT must be completed and open to the public before final GRANT payment is processed. � Signature LIA,661A twji APPLICANT'S AUTHdRIZED REPRESENTATIVE Date 1 ` 31 ( I 7 H-47 _..., Al CRY of RANCHO PALOS VERDES PLANNING, BUILDING, &CODE ENFORCEMENT NOTICE OF EXEMPTION TO: X Office of Planning and Research-State of California 1400 Tenth Street Sacramento,CA 90815. FILE it X County Clerk/County of Los Angeles/Environmental Filings 12400 East Imperial,Hwy.,Room 1101 Norwalk,CA 90650 Attn: Angel Shells . DEC 0 2.241Q. FROM: City of Rancho Palos Verdes 30940 Hawthorne Boulevard DAN .!400A1 t Rancho Palos Verdes,CA 90275 REGIS l ' .nr .R: CAI1'ii}t f=f;tt tore. i' Abalone Cgve Shoreline Park Improvement Protect . Project Title Abalone Cove Shoreline Park Project Location-Specific City of Rancho Palos Verdes.Los Angeles County Project Location-City Project Location-County The Abalone Cover Shoreline Park Improvement Prolect consists of the construction of a decomposed granite trails.picnic areas.three trellis structures.overlooks.landscaolno and irrigation.fencing and minor site grading on approximately 3.69 acres. The decomposed granite trails,picnic areas. and overlooks are designed to be ADA accessible. . Description of Nature,Purpose,and Beneficiaries of Project City of Rancho Palos Verdes Name of Public Agency Approving Project Ara Mlhranian.Deputy Community Development Director with the City of Rancho Palos Verdes Name of Person or Agency Carrying Out Project THIS IiiiiiWitlib ., Exempt Status:(Check One) - OW--11ELD12111Lif* - Ministerial[Sec.21080(b)(1);15268]; JAN 8 4 mu ........ _____ Declared Emergency[Sec.21080(b)(3);15269(a)]: UNTIL Emergency Project[Sec.21080(b)(4);15269(b)(c)]; RIMISFRARREGORDERCOUNTYCLFRIC X Categorical Exemption. State type and section number. Class 1 (Section 15301).Class 3(Section 153031 and Class 4(Section 15304). _ Statutory Exemptions. State Code Number: , The Abalone Cove Shoreline Park improvement Protect consists of minor site improvements (public trails, picnic areas, ovgrlooka. la(tdscaoinci. irrigation. fencing and minor pile wading) intended to enhance and improve accessibility of an existing City-owned park for the benefit of the public. Reason why project is exempt r ,. ..!-: fthranjan._Deouty Cornmunlw Development Director 310-544-5228 ti onta - ••n Area Code)Telephone I1•2n•10 be-Be-Ilse_ re a • • Date Title This document is being flied in duplicate. Please acknowledge the filing date and return acknowledged copy . th o tarn ed,self-addressed envelope. Date Received for Filing: 4,M i. 30940 H.�wIwjrnsiL Btw) /RANC.0 10 P.um Vi Mil.,CA fps-539 i :i. 8 PLANNINCA.011t ENrORCEMENI(310)544.5229/Kink DIM.(3 t0)265-781:4)/DEv1. FAN 010)544-5293/E AIM! Pt ANNIM AIIPV COM H-48 \.,__.., National Park Service US.Department of the Interior I,IC-1,,1 AT1Wi ,.„��� F_ Tf LWCF Proposal Description and Environmental Screening Form The purpose of this Proposal Description and Environmental Screening Form (PD/ESF) is to provide descriptive and environmental information about a variety of Land and Water Conservation Fund(LWCF)state assistance proposals submitted for National Park Service (NPS) review and decision. The completed PD/ESF becomes part of the "federal administrative record" in accordance with the National Environmental Policy Act(NEPA)and its implementing regulations. The PD portion of the form captures administrative and descriptive details enabling the NPS to understand the proposal. The ESF portion is designed for States and/or project sponsors to use while the LWCF proposal is under development. Upon completion,the ESF will indicate the resources that could be impacted by the proposal enabling States and/or project sponsors to more accurately follow an appropriate pathway for NEPA analysis: 1)a recommendation for a Categorical Exclusion(CE),2)production of an Environmental Assessment (EA),or 3)production of an Environmental Impact Statement(EIS). The ESF should also he used to document any previously conducted yet still viable environmental analysis if used for this federal proposal. The completed PD/ESF must be submitted as part of the State's LWCF proposal to NPS. Except for the proposals listed below,the PD/ESF must be completed,including the appropriate NEPA document,signed by the State,and submitted with each new federal application for LWCF assistance and amendments for: scope changes that alter or.add facilities and{or acres; conversions; public facility exceptions; sheltering outdoor facilities; and changing the original intended use of an area from that which was approved in an earlier LWCF agreement. Consult the LWCF Program Manual (www.nps.gov/lwcf)for detailed guidance for your type of proposal and on how to comply with NEPA. For the following types of proposals only this Cover Pace is required because these types of proposals are administrative in nature and are categorically excluded from further NEPA environmental analysis. NPS will complete the NEPA CE Form. Simply check the applicable boa below, and complete and submit only this Cover Page to NPS along with the other items required for your type of proposal as instructed in the LWCF Program Manual. ❑ SCORP planning proposal El Time extension with no change in project scope or with a reduction in project scope • To delete work and no other work is added back into the project scope ❑ To change project cost with no change in project scope or with a reduction in project scope D To make an administrative change that does not change project scope Name of LWCF Proposal: Date Submitted to NPS: : b2'one Ccve Shore'ine Park Improvement Project To be determined Prior LVVCF Project Number(s)List all prier LWCF project numbers and all park names associated with assisted site(s): LWCF Project#06-00299 Abalone Cove Beach Acquisition Local or State Project Sponsoring Agency (recipient or sub-recipient in case of pass-through grants): City of Rancho Palos Verdes Local or State Sponsor Contact: Name/Title:Carolyn Lehr,City Manager office/Address: 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Phone/Fax:(310) 544-5205 Email: clehr@a rpv.corn Cover Page 1012912010 Q H-49 Using a separate sheet for narrative descriptions and explanations,address each item and question In the coder it is presented, and Identify each response with its item number such as Step 141,A2;Step 3-B1;Step 6-A1,A29;etc. Step 1. Type of LWCF Proposal X New Project Application Acquisition Development E Combination(Acquisition&Development) Go to Step 2A Go to Step 28 Go to Step 2C Project Amendment Increase in scope or change in scope from original agreement. Complete Steps 3A,and 5 through 7. 6(f)conversion proposal.Complete Steps 38, and 5 through 7. Request for public facility in a Section 6(f)area. Complete Steps 3C, and 5 through 7. Request for temporary non-conforming use in a Section 6(f)area. Complete Steps 4A,and 5 through 7. Request for significant change in use/intent of original LWCF application. Complete Steps 48,and 5 through 7. Request to shelter existing/new facility within a Section 6(f)area regardless of funding source.Complete Steps 4C,and 5 through 7. Step 2. New Project Application (See LWCF Manual for guidance.) A. For an Acquisition Project 1. Provide a brief narrative about the proposal that provides the reasons for the acquisition,the number of acres to be acquired with LWCF assistance,and a description of the property. Describe and quantify the types of existing resources and features on the site(for example,50 acres wetland,2,000 feet beachfront,200 acres forest,scenic views,1 00 acres riparian,vacant lot,special habitat,any unique or special features,recreation amenities,historic/cultural resources,hazardous materials/contamination history,restrictions,institutional controls,easements,rights-of-way,above ground/underground utilities,including wires,towers,etc.). 2. How and when will the site be made open and accessible for public outdoor recreation use(signage,entries, parking,site improvements,allowable activities,etc.)? 3. Describe development plans for the proposal for the site(s)for public outdoor recreation use within the next three(3)years. 4. SLO must complete the State Appraisal/Waiver Valuation Review form In Step 7 certifying that the appraisal(s)has been reviewed and meets the"Uniform Appraisal Standards for Federal Land Acquisitions"or a waiver valuation was approved per 49 CFR 24.102(c)(2)(1i). State should retain copies of the appraisals and make them available if needed. 5. Address each Item in"0"below. B. For a Development Project 1. Describe the physical Improvements and/or facilities that will be developed with federal LWCF assistance, including a site sketch depicting Improvements,where and how the public will access the site,parking,etc. Indicate entrances on 6(f)map. Indicate to what extent the project involves new development,rehabilitation, and/or replacement of existing facilities. See paeres 35 and 36 of Project Narrative. 2. When will the project be completed and open for public outdoor recreation use? August 2012. 3. Address each item in`D"below. 1W29/2010 10 H-50 C. For a Combination Project For the acquisition part of the proposal: a. Provide a brief narrative about the proposal that provides the reasons for the acquisition,number of acres to be acquiredwith LWCF assistance,and describes the property. Describe and quantify the types of existing resources and features on the site(for example,50 acres wetland,2,000 feet beachfront,200 acres forest,scenic views,100 acres riparian,vacant lot,special habitat,any unique or special features, recreation amenities,historicicultural resources, hazardous materials!contamination history,restrictions, institutional controls,easements,rights-of-way,above ground/underground utilities,Including wires, towers,etc.) b. How and when will the site be made open and accessible for public outdoor recreation use(signage, entries,parking,site improvements,allowable activities,etc.)? c. Describe development plans for the proposed for the site(s)for public outdoor recreation use within the next three(3)years. d. SLO must complete the State AppraisalUWaiver Valuation Review form in Step 7 certifying that the appraisal(s)has been reviewed and meets the"Uniform Appraisal Standards for Federal Land Acquisitions'or a waiver valuation was approved per 49 CFR 24.102(c)(2)(10. State should retain copies of the appraisals and make them available if needed. 2. For the development part of the proposal: . a. Describe the physical improvements and/or facilities that will be developed with federal LVwCF assistance, including a site sketch depicting improvements,where and how the public will access the site,parking, etc.Indicate entrances on 6(f)map. Indicate to what extent the project involves new development, rehabilitation,and/or replacement of existing facilities. b. When will the project be completed and open for public outdoor recreation use? 3. Address each Item in'D'below. D. Additional Items to address for a new application and amendments 1. VIEW this proposal create a new public park/recreation area where none previously existed and is not an addition to an existing public park/recreation area?•Yes (go to#3) No X (go to#2) 2. a. What is the name of the pre-existing public area that this new site will be added to? Abalone Cove Shoreline Park b. is the pre-existing public park/recreation area already protected under Section 6(1)?Yes No X If no,will it now be included in the 6(f)boundary? Yes lC No 3. What will be the name of this new public park/recreation area? NIA(no name change) 4. a. Who will hold title to the property assisted by LWCF? Who will manage and operate the site(s)? City of Rancho Palos Verdes holds title and will manage/operate the site. b. What is the sponsor's type of ownership and control of the property? X Fee simple ownership Less than fee simple. Explain: Lease. Describe lease terms including renewable clauses,#of years remaining on lease,etc. Who will lease area? Submit copy of lease with this PD/ESF.(See LWCF Manual for program restrictions for leases and further guidance.) 5. Describe the nature of any rights-of-way,easements,reversionary interests,etc.to the Section 6(f)park area?Indicate the location on 6(f)map.Do parties understand that a Section 6(1)conversion may occur if private or non-recreation activities occur on any pre-existing right-of-way,easement,leased area? Please see Project Proposal Section 6(f) Map on page 4. It should be noted that a portion of a State designated Ecological Reserve traverses the project area(see attached 10/29/2010 11 H-51 map), but the proposed project will not Impact environmental sensitive resources intended to be protected by the Ecological Reserve designation. Moreover,the project area Is located outside the City's Natural Communities Conservation Plan (NCCP) desi„cinated Palos Verdes Nature Preserve. 6. Are overhead utility lines present,and If so,explain how they will be treated per LWCF Manual No overhead utility lines exist within the project area. 7. As a result of this project,describe new types of outdoor recreation opportunities and capacities,and short and long term public benefits. Please see Project Proposal Criteria Narrative page 36 and page 37 and Figure umber 1 for a cont*rehensive list of new recreational amenities. The Abalone Cove Shoreline Park.Improvement Project will create the following crew outdoor recreation opportunities: 1. Provide a space for visitors to recreate and enlov magnificent ocean views by constructing a 5-foot wide ADA accessible decomposed granite walking path throughout the park area, picnic areas,trellis shade structures,two trailheads and two viewing stations with viewing telescopes,Installing ten park benches,two bicycle racks,and landscaping and Irrigation; 2. Create an outdoor classroom area and other group seating areas that can accommodate family events, social/organizational events,and school tours, by installing 25 picnic tables(including group benches)and arranging them throughout the grassy bluff top,and constructing three trellis shade structures(including the outdoor classroom area): . 3. Provide educational Information to visitors on the unlaue ecosystems within the State Ecological Reserve and the Palos Verdes Nature Preserve located at Abalone Cove by Installing 12 interpretive signs and two kiosk signs to showcase the rich and diverse history of the Cove and the history of the original Native American Inhabitants: and 4.Transform the bluff into an Inviting family-oriented coastal Park destination, by Planting natural,drought-tolerant plants and landscaping to enhance aesthetics, creating an organic maze for children to explore and installing 34 boulders that will be positioned at trailheads and throughout the park to replicate art,geography or marine life whereby children can climb,stand on,and enJoy passive play opportunities. The following benefits will be achieved by Improving the Park space from a barren: hilltop area into a recreational and educational destination : I. Improved sense of purpose at this underutilized Park through the addition of new amenities that provide outdoor recreation opportunities for children,families, adults and seniors 2. Improving public access to the �i 3. Increased visitors as a result of improved recreational amenities: 10/29/2010 �2 H-52 4. Health and fitness improvement through the addition of the walking and exercise oath to help reduce obesity rates In the region; 5. Educational awareness about the precious marine life that will help stop the poaching In the tide pools: and 6. Linkages to local, regional and California Coastal trail networks that link the Park to a broader network of outdoor recreational activities. 8. Explain any existing non-recreation and non-public uses that will continue on the site(s)and/or proposed for the future within the 6(f)boundary. Not applicable. There are no non-recreation and non-public uses on the site. 9. DescrIe the planning process that led to the development of this proposal. Your narrative should address: a. How was the interested and affected public notified and provided opportunity to be involved in planning for and developing your LWCF proposal? Who was involved and how were they able to review the completed proposal,including any state,local,federal agency professionals,subject matter experts, members of the public and Indian Tribes.Describe any public meetings held and/or formal public comment periods,Including dates and length of time provided for the public to participate in the planning process and/or to provide comments on the completed proposal. Please see Project Proposal Criteria Narrative pages 41.42,43. b. What information was made available to the public for review and comment? Did the sponsor provide written responses addressing the comments?If so,include responses with this PD/ESF submission. Please see Project Proposal Criteria Narrative pages 42 and 43. 10. How does this proposal implement statewide outdoor recreation goals as presented in the Statewide Comprehensive Outdoor Recreation Plan(SCORP)(include references),and explain why this proposal was selected using the State's Open Project Selection Process(OPSP). Please see Project Proposal Criteria Narrative pages 37 and 38. 11. List all source(s)and amounts of financial match to the LWCF federal share of the project. The value of the match can consist of cash,donation,and in-kind contributions. The federal LWCF share and financial matches must result in a viable outdoor recreation area and not rely on other funding not mentioned here. Other federal resources may be used as a match if specifically authorized by law. Please see Project Proposal Budget on page 6. Source Type of Match Value City of Rancho Palos Verdes Cash $310,830 LWCF Grant Grant $310,830 TOTAL $621,660 12. Is this LWCF project scope part of a larger effort not reflected on the SF-424(Application for Federal Assistance)and grant agreement? If so,briefly describe the larger effort,funding amount(s)and source(s). This will capture information about partnerships and how LWCF plays a role in leveraging funding for projects beyond the scope of this federal grant The proposed Abalone Cove Shoreline Park Improvement Project is a stand alone project it is also an important first step in executing the improvements envision for Abalone Cove Shoreline Park In the overall Coast Vision Plan adopted by the Rancho 10/29/2010 13 H-53 Palos Verdes City Council in 2008 to maximize the recreational use of the seven-mile stretch of coast along the Palos Verdes Peninsula. 13. List all required federal,state,and local permits/approvals needed for the proposal and explain their purpose and status. The following permits will be secured for the Abalone Cove Shoreline Park Improvement Project: 1. Local Permits—Grading Permit and Coastal Development Permit to allow site grading to accommodate the proposed improvements within the•City desigrjated Coastal Zone 2. State Permit--Approval to allow proposed pro[ect to occur with the State designated Ecological Reserve Proceed to Steps 5 through T Step 3. Project Amendment (See LWCF Manual for guidance.) . A. Increase/Change in Project Scope 1. For Acquisition Projects: To acquire additional property that was not described in the original project proposal and NEPA documentation,follow Step 2A-Acquisition Project and 20. 2. For Development Projects: To change the project scope for a development project that alters work from the original project scope by adding elements or enlarging facilities,follow Step 2B-Development Project and 2D. 3. For Combination Projects: Follow Step 2C as appropriate. B. Section 6(f)(3)Conversion Proposal . Prior to developing your Section 6(0(3)conversion proposal,you must consult the LWCF Manual and 36 CFR 59.3 for complete guidance on conversions. Local sponsors must consult early with the State LWCF manager when a conversion is under consideration or has been discovered. States must consult with their NPS-LWCF manager as early as possible in the conversion process for guidance and to sort out and discuss details of the conversion proposal to avoid mid-course corrections and unnecessary delays.A critical first step is for the State and NPS to agree on the size of the Section 6(f)park land impacted by any non-recreation,non-public use especially prior to any appraisal activity.Any.previous LWCF project agreements and actions must be identified and understood to determine the actual Section 6(f)boundary. The Section 6(f)(3)conversion proposal including the required NEPA environmental review documents(CE recommendation or an EA document)must focus on the loss of public outdoor recreation park land and recreational usefulness,and its replacement per 36 CFR 59,and not the activities precipitating the conversion or benefits thereof,such as the Impacts of constructing a new school to relieve overcrowding or constructing a hotel/restaurant facility to stimulate the local economy. Rather,the environmental review must 1)focus on"resource impacts'as indicated on the ESF(Step 6),including the loss of public park land and recreation opportunities(ESF A-15),and 2)the impacts of creating new replacement park land and replacement recreation opportunities.A separate ESF must be generated for the converted park area and each replacement site. Section 6(0(3)conversions always have more than minor impacts to outdoor recreation(ESF A-15)as a result of loss of parkland requiring an EA, except for'smalr conversions as defined in the LWCF Manual Chapter 8. For NPS review and decision,the following elements are required to be included in the State's completed conversion proposal to be submitted to NPS: 1. A letter of transmittal from the SLO recommending the proposal. 2. A detailed explanation of the sponsor's need to convert the Section 6(f)parkland including all efforts to consider other practical alternatives to this conversion,how they were evaluated,and the reasons they were not pursued. 10/2912010 14 H-54 3. An explanation of how the conversion is in accord with the State Comprehensive Outdoor Recreation Plan (SCORP). 4. Completed*State Appraisal/Waiver Valuation Review form In Step 7 for each of the converted and replacement parcels certifying that the appraisals meet the`Uniform Appraisal Standards for Federal Land Acquisitions.' States must retain copies of the appraisals/waiver valuations and make them available for review upon request. 5. For the park land proposed for conversion,a detailed description including the following: a. Specific geographic location on a map,9-digit zip code,and name of park or recreation area proposed for conversion. b. Description of the area proposed for the conversion including the acreage to be converted and any acreage remaining. For determining the size of the conversion,consider not only the physical footprint of the activity precipitating the conversion,but how the precipitating activity will impact the entire 6(t)park area. In many cases the size of the converted area is larger than the physical footprint. Include a description of the recreation resodlrces..facilities,and recreation opportunities that will be impacted,. displaced or lost by the proposed conversion. For proposals to partially convert a Section 6(f)park area, the remaining 6(f)park land must remain recreatlonally viable and not be impacted by the activities that are precipitating the conversion. If it is anticipated that the precipitating activities impact the remaining Section 6(f)area,the proposed area for the conversion should be expanded to encompass all impacted park land. c. Description of the community and population served by the park,including users of the park and uses. d. For partial conversions,a revised 6(f)map dearly indicating both the partes that is being converted and the portion remaining intact under Section 6(f). 6. For each proposed replacement site: a. Specific geographic location on a map,9-digit zip code,and geographical relationship of converted and replacement sites. If site will be added to an existing public park/outdoor recreation area,indicate on map. b. Description of the site's physical characteristics•and resource attributes with number and types of resources and features on the site,for example,15 acres wetland,2,000 feet beachfront,50 acres forest, scenic views,75 acres riparian,vacant lot,special habitat,any unique or special features,structures, recreation amenities,historic/cultural resources,hazardous materials/contamination history,restrictions, institutional controls,easements,rights-of-way,overhead/underground utilities including overhead wires, towers,etc. c. Identification of the owner of the replacement site and its recent history of use/function up to the present. d. Detailed explanation of how the proposed replacement site is of reasonably equivalent usefulness and location as the property being converted,including a description of the recreation needs that will be met by the new replacement parks,populations to be served,and new outdoor recreation resources,facilities, and opportunities to be provided. e. Identification of owner and manager of the new replacement park? f. Name of the new replacement park. if the replacement park is added to an existing public park area,will the existing area be Included within the 6(f)boundary? What is the name of the existing public park area? g. Timeframe for completing the new outdoor recreation area(s)to replace the recreation opportunity lost per the terms of conversion approval and the date replacement park(s)will be open to the public. h. New Section 6(f)map for the new replacement park. 7. NEPA environmental review,including NHPA Section 106 review,for both the converted and feptacement sites in the same document to analyze how the converted Hark land and recreational usefulness will be reolacect. Except for*small"conversions(see LWCF Manual Chapter 8), conversions usually require an EA. 10/29/2010 15 H-55 Proceed to Steps 5 through 7 C. Proposal for a Public Facility In a Section 6(f)Area Prior to developing this proposal,you must consult the LWCF Manual for complete guidance.In summary,NPS must review and decide on requests to construct a public Indoor and/or non-recreation facility within a Section 6(f) area. In certain cases NPS may approve the construction of public facilities within a Section 6(f)area where it can be shown that there will be a net gain in outdoor recreation benefits and enhancements for the entire park. In most cases,development of a non-recreation public facility within a Section 6(f)area constitutes a conversion. For NPS review,the State/sponsor must submit a proposal to NPS under a letter of transmittal from the SLO that 1. Describes the purpose and all proposed uses of the public facility such as types of programming,recreation activities,and special events including intended users of the new facility and any agency,organization,or other party to occupy the facility. Describe the interior and exterior of the facility,such'as office space, meeting rooms,food/beverage area,residential/lodging area,classrooms,gyms,etc. Explain how the facilify will be compatible with the outdoor recreation area. Explain how the facility and associated uses will significantly support and enhance existing and planned outdoor recreation resources and uses of the site,and how outdoor recreation use will remain the primary function of the site. (The public's outdoor recreation use must continue to be greater than that expected for any indoor use, unless the site is a single facility,such as a swimming pool,which virtually occupies the entire site.) 2. Indicates the exact location of the proposed public facility and associated activities on the site's Section 6(f) map.Explain the design and location alternatives considered for the public facility and why they were not pursued. 3. Explains who will own and/or operate and maintain the facility? Attach any 3"d party leases and operation and management agreements.When will the facility be open to the public? Nil the facility ever be used for private functions and dosed to the public?Explain any user or other fees that will be instituted,including the fee structure. 4. Includes required documents as a result of a completed NEPA process(Steps 5—7). Proceed to Steps 5 through 7• �. Step 4. Proposals for Temporary Non-Conforming Use,Significant Change in Use, and Sheltering Facilities (See LWCF Manual for guidance.) A. Proposal for Temporary Non-Conforming Use Prior to developing this proposal,you must consult the LWCF Manual for complete guidance.NPS must review and decided on requests for temporary uses that do not meet the requirements of allowable activities within a Section 6(f)area. A temporary non-conforming use is limited to a period of six months(180 days)or less. Continued use beyond six-months will not be considered temporary,and may result in a Section 6(f)(3)conversion of use requiring the replacement of converted parkland.For NPS review,describe the temporary non-conforming use(activities other than public outdoor recreation)in detail including the following information: 1. A letter of transmittal from the SLO recommending the proposal. 2. Describe in detail the proposed temporary non-conforming use and all associated activities,why It is needed, and alternative locations that were considered and why they were not pursued. 3. Explain length of time needed for the temporary non-conforming use and why. 4. Describe the size of the Section 6(f)area affected by the temporary non-conforming use activities and expected impacts to public outdoor recreation areas,facilities and opportunities. Explain efforts to keep the size of the area impacted to a minimum.Indicate the location of the non-conforming use on the site's 6(f)map. 5. Describe any anticipated temporary/permanent impacts to the Section 6(f)area and how the sponsor will mitigate them during and after the non-conforming use ceases. 6. Consult the LWCF Manual for additional requirements and guidelines before developing the proposal. Proceed to Steps 5 through 7 B. Proposal for Significant Change in Use MM/2912010 16 H-56 Prior to developing the proposal,you must consult the LWCF Manual for complete guidance. NPS approval must be obtained prior to any change from one eligible use to another when the proposed use would significantly contravene the original plans or intent for the area outlined In the original LWCF application for federal assistance. Consult with NPS for early determination on the need for a formal review. NPS approval is only required for proposals that will significantly change the use of a LWCF-assisted site(e.g.,from passive to active recreation). The proposal must include and address the following Items: 1. A letter of transmittal from the SLO recommending the proposal. 2. Description of the proposed changes and how they significantly contravene the original plans or Intent of LWCF agreements. 3. Explanation of the need for change In use and how the change is consistent with local plans and the SCORP. 4. Consult the LWCF Manual for additional requirements and guidelines before developing the proposal. Proceed to Steps 5 through 7 - • C. Proposal for Sheltering Facilities Prior to developing this proposal,you must consult the LWCF Manual for complete guidance. NPS must review and decide on all proposals to shelter an existing outdoor recreation facility or construct a new sheltered recreation facility within a Section 6(f)area regardless of funding source. The proposal must demonstrate that there is an Increased benefit to public recreation opportunity. Describe the sheltering proposal in detail,including the following: 1. A letter of transmittal from the SLO recommending the proposal. 2. Describe the proposed sheltered faciliiy,how it would operate,how the sheltered facility will include recreation uses that could typically occur outdoors,and how the primary purpose of the sheltered facility is recreation.3. Explain how the sheltered facility would not substantially diminish the outdoor recreation values of the site Including how the sheltered facility will be compatible and significantly supportive of the outdoor recreation resources present and/or planned. 4. Explain how the sheltered facility will benefit the total park's outdoor recreation use. 5. Describe efforts provided to the public to review the proposal to shelter the facility and has local support. 6. Document that the sheltered facility will be under the control and tenure of the public agency which sponsors and administers the original park area. 7. Consult the LWCF Manual for additional requirements and guidelines before developing the proposal. Proceed to Steps 5 through 7 Step 5. Summary of Previous Environmental Review andel E.O.12372•Intergovernmental Review) To avoid duplication of effort and unnecessary delays,describe any prior environmental review undertaken at any time and still viable for this proposal or related efforts that could be useful for understanding potential environmental impacts. Consider previous local, state, federal (e.g. HUD, EPA, USFWS, FHWA, DOT) and any other environmental reviews. At a minimum,address the following: 1. Date of environmental review(s),purpose for the environmental review(s)and for whom they were conducted: 2. Description of the proposed action and alternatives: 3. Who was Involved in identifying resource impact issues and developing the proposal including the interested and affected public,government agencies,and Indian tribes. 4. Environmental resources analyzed and determination of impacts for proposed actions and alternatives. 5. Any mitigation measures to be part of the proposed action. 10/29/2010 17 H-57 S. Intergovernmental Review Process(Executive Order 12372): Does the State have an Intergovernmental Review Process? Yes No . If yes,has the LWCF Program been selected for review under the State Intergovernmental Review Process? Yes No..�_.._. If yes,was this proposal reviewed by the appropriate State,metropolitan,regional and local agencies,and if so,attach any information and comments received about this proposal if proposal was not reviewed,explain why not. 7. Public comment periods(how long,when in the process,who was invited to comment)and agency response. 8. Any formal decision and supporting reasons regarding degree of potential impacts to the human environment 9. Was this proposed LWCF federal action and/or any other federal actions analyzed/reviewed in any of the previous environmental reviews? If so,what was analyzed and what impacts were identified? Provide specific environmental review document references. • Use resource impact information generated during previous environmental reviews described above and from recently conducted site inspections to complete,the Environmental Screening Form(ESF)portion of this PD/ESF under Step 6. Your ESF responses should indicate your proposal's potential for impacting each resource as determined in the previous environmental review(s),and include a reference to where the analysis can be found in an earlier environmental review document If the previous environmental review documents contain proposed actions to mitigate impacts,briefly summarize the mitigation for each resource as appropriate. The appropriate references for previous environmental review document(s)must be documented on the ESF,and the actual document(s)along with this PD/ESF must be included in the submission for NPS review. Proceed to Steps 6 through 7 Step 6. Environmental Screening Form (ESF) This portion of the PD/ESF is a working tool used to identify the level of environmental documentation which must accompany the proposal submission to the NPS. By completing the ESF,the project sponsor is providing support for its recommendation In Step 7 that the proposal efther 1. meets criteria to be categorically excluded(CE)from further NEPA review and no additional environmental documentation is necessary;or 2. requires further analysis through an environmental assessment(EA)or an environmental impact statement(EIS). An ESF alone does riot constitute adequate environmental documentation unless a CE is recommended. If an EA is required,the EA process and resulting documents must be included in the proposal submission to the NPS. If an EIS may be required,the State must request NPS guidance on how to proceed. The scope of the required environmental analysis will vary according to the type of LVVCF proposal. For example, the scope for a new LWCF project will differ from the scope for a conversion. Consult the LWCF Manual for guidance on defining the scope or extent of environmental analysis needed for your LWCF proposal. As early as possible in your planning process, consider how your proposal/project may have direct, indirect and cumulative Impacts on the human environment for your type of LWCF action so planners have an opportunity to design alternatives to lessen impacts on resources, if appropriate. When used as a planning tool in this way, the ESF responses may change as the proposal is revised until it is ready for submission for federal review. Initiating or completing environmental analysis after a decision has been made is contrary to both the spirit and letter of the law of the NEPA. The ESF should be completed with input from resource experts and in consultation with relevant local, state,tribal and federal governments, as applicable.The interested and affected public should be notified of the proposal and be invited to participate in scoping out the proposal(see LVVCF Manual Chapter 4).At a minimum,a site inspection of the affected area must be conducted by individuals who are familiar with the type of affected resources,possess the ability to identify potential resource impacts,and to know when to seek additional data when needed. At the time of proposal submission to NPS for federal review,the completed ESF must justify the NEPA pathway that was followed: CE recommendation, production of an EA, or production of an EiS. The resource topics and issues identified on the ESF for this proposal must be presented and analyzed in an attached EA/EIS. Consult the LWCF Manual for further guidance on LWCF and NEPA. The ESF contains two parts that must be completed: 10!1912010 18 H-58 Part A.Environmental Resources Part B.Mandatory Criteria Part A: For each environmental resource topic,choose an impact estimate level(none, negligible,minor,exceeds minor) that describes the degree of potential negative impact for each listed resource that may occur directly, indirectly and cumulatively as a result of federal approval of your proposal. For each Impacted resource provide a brief explanation of how the resource might be affected,how the impact level was determined,and why the chosen impact level is appropriate. If an environmental review has already been conducted on your proposal and is still viable, include the citation including any planned mitigation for each applicable resource, and choose an impact level as mitigated. If the resource does not apply to your proposal,mark NA in the first column. Add any relevant resources(see A.24 on the ESF)if not included in the list. Use a separate sheet to briefly clarify how each resource could be adverseimpacted; any direct. indirect,and cumulative impacts that may occur, and any additional data that still needs to be deterrriined. Also explain any planned mitigation already addressed in previous environmental reviews. Part B:This Is a fist of mandatory impact criteria that preclude the use of categorical exclusions. If you answer 'yes"or"maybe for any of the mandatory criteria, you must develop an EA or EIS regardless of your answers in Part A. Explain all'yes"and"maybe"ansviers on a separate sheet. For conversions,complete one ESF for each of the converted and replacement sites. A. ENVIRONMENTAL RESOURCES Not No/Negllglble a More Data Needed ImpaIndicate potential for adverse impacts.Use a Applicable- Minor or Minor Exceed Minor to Determine Exists separate sheet to clarity responses per Resource does ne ib� impacts Emas required Degree of Impact Instructions for Part A on page 9. not exist Impactq EA/EIS required 1.Geological resources:soils,bedrock, X slopes,streambeds,landforms,etc. 2.Air qualltyy X 3.Sound(noise impacts) X 4.Water quality/quantity X 5.Stream flow characteristics X 6.Marine/estuarine X 7.Fioodpialns/wetlands X. 8.Land use/ownership patterns; X property values;community livability 9.Circulation,transportation X 10.Plant/animal/fish species of special X concern and habitat;state/ federal listed or proposed for listing 11.Unique ecosystems,such as • X biosphere reserves,World Heritage sites,old growth forests,etc. 12.Unique or important wildlife/wildlife X habitat 13.Unique or important fish/habitat X 14.Introduce or promote invasive X species(plant or animal) 15.Recreation resources,land,parks, X open space,conservation areas,rec. trails,facilities,services,opportunities, public access,etc.Most conversions exceed minor impacts.See Step 3.B 16.Accessibility for populations with X disabilities 17.Overall aesthetics,special X charec teristiic s/features 18.Historical/cultural resources, X including landscapes,ethnographic, archeological,structures,etc.Attach SHPO/THPO determination. 19.Socioeconomics,including X employment,occupation,income changes,tax basesinfrastructure _ 10/2912010 19 H-59 20.Minority and low-income X populations 21.Energy resources(geothermal, X fossil fuels etc.) 22.Other agency or tribal land use X plans or policies 23.Landlstructures with history of X cont amitationlhaaardaus materials even if remediated 24.Other Important environmental X resources to address. 10/29/2010 20 H-60 B. MANDATORY CRITERIA Yes No To be If your LWCF proposal is approved,would IL.. determined 1. Have significant Impacts on public health or safety? X 2. Have significant Impacts on such natural resources and unique geographic X characteristics as historic or cultural resources;park,recreation,or refuge lands, wilderness areas;wild or scenic rivers;national natural landmarks;sole or principal drinking water aquifers;prime farmlands;wetlands(E.O. 11990); f oodplalns(E.O 119881 and other ecologically significant or critical areas. 3. Have highly controversial environmental effects or involve unresolved conflicts X concerning alternative uses of available resources_NEPA section 102(2)(E)]? 4. Have highly uncertain and potentially significant environmental effects or X involve unique or unknown environmental risks? • 5. Establish a precedent for future action or represent a decision in principle * X about future actions with potentially significant environmental effects? 6. Have a direct relationship to other actions with individually insignificant,but X cumulatively significant,environmental effects?. 7. Have significant Impacts on properties listed or eligible for listing on the X National Register of Historic Places,as determined by either the bureau or offtce.(Attach SHPO/THPO Comments) 8. Have significant impacts on species listed or proposed to be listed on the List X of Endangered or Threatened Species,or have significant impacts on designated Critical Habitat for these species. 9. violate a federal law,or a state,local,or tribal law or requirement imposed for X the protection of the environment? 10.Have a disproportionately high and adverse effect on low Income or minority X populations(Executive Order 12898)? 11.Limit access to and ceremonial use of Indian sacred sites on federal lands by X Indian religious practitioners or significantly adversely affect the physical integrity of such sacred sites/Executive Order 13007)? 12.ContrIute to the introduction,continued existence,or spread of noxious X weeds or non-native Invasive species known to occur in the area,or actions that may promote the introduction,growth,or expansion of the range of such species (Federal Noxious Weed Control Act and Executive Order 13112)? Environmental Reviewers The following individual(s)provided input in the completion of the environmental screening form. List all reviewers including name,title,agency,field of expertise.Keep all environmental review records and data on this proposal in state compliance file for any future program review and/or audit. The ESF may be completed as part of a LWCF pre-award site inspection if conducted in time to contribute to the environmental review process for the proposal. 1. Ara Mihranian, Deputy Community Development Director The following individuals conducted a site inspection to verify field conditions. List name of inspector(s),title,agency,and date(s)of Inspection. 1. Sara Singer,Senior Administrative Analyst,June 2010 2. Ara Mihranian, Deputy Community Development Director,June 2010 3. Nicole Jules,Senior Engineer,June 2010 State may require signature of LWCF sub.reciplent applicant here: Date 10/29/2010 21 H-61 Step 7. Recommended NEPA Pathway and State Appraisal/Waiver Valuation First, consult the attached list of'Categorical Exclusions (CEs) for Which a Record is Needed.` if you find your action in the CE list and you have determined in Step 6A that impacts will be minor or less for each applicable environmental resource on the ESF and you answered"no"to all of the"Mandatory Criteria'questions in Step 6B, the proposal qualifies for a CE. Complete the following "State LWCF Environmental Recommendations" box Indicating the CE recommendation. If you find your action in the CE list and you have determined in Step 6A that impacts will be greater than minor or that more data is needed for any of the resources and you answered "no' to all of the 'Mandatory Criteria' questions, your environmental review team may choose to do additional analysis to determine the context, duration, and intensity of the impacts of your project or may wish to revise the proposal`to minimize impacts,to meet the CE criteria. If impacts remain at the greater than minor level,the State/sponsor must prepare an EA for the proposal. Complete the following'State Environmental Recommendations'box indicating the need for an EA. If you do not find your action in the CE list,,regardless of your answers in Step 6,you must prepare an EA or EIS. Complete the following"State Environmental Recommendations'box indicating the need for an EA or EIS. State NEPA Pathway Recommendation X I certify that a site inspection was conducted for each site involved in this proposal and to the best of my . knowledge, the information provided In this LWCF Proposal Description and Environmental Screening Form (PD/ESF)is accurate based on available resource data. Al!resulting notes, reports and inspector signatures are stored in the state's NEPA file for this proposal and are available upon request. On the basis of the environmental impact information for this LWCF proposal as documented in this LWCF PDIESF with which I am familiar,I recommend the following LWCF NEPA pathway; X This proposal qualifies for a Categorical Exclusion(CE). • CE Item#:C-8.12,171 and 18 • Explanation:The prosect consists of constructing new trails.picnic areas.viewing overlooks,trellis shade structures,fencing and landscaping, o This proposal requires an Environmental Assessment(EA)which is attached and has been produced by the State/sponsor in accordance with the LWCF Program Manual. o This proposal may require an Environmental Impact Statement(EIS). NPS guidance is requested per the LWCF Program Manual. Reproduce this certificate as neceksary.Complete for each LWCF appraisal or waiver valuation. State Appraisal/Waiver Valuation Review Property address: Date of appraisal transmittal letter/waiver. Real property value:$ Effective date of value: I certify that: 0 a Stale-certified Review Appraiser has reviewed the appraisal and has determined that it was prepared in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions. OR 0 the State has reviewed and approved a waiver valuation for this property per 49 CFR 24.1 02(c)(2)(II). SLOIASLO Original Signature: C. k 4l 1 i/ ._..i Date: I -31-i( Typed Carolyn Lehr,CI Manager,City of Rancho Palos Verdes 1012912010 22 H-62 National Environmental Policy Act National Park Service-Land and Water Conservation Fund State Assistance Program Categorical Exclusions for Which a Record Is Needed Note:The following are the NEPA Categorical Exclusions approved for use with all NPS programs. Only the unshaded categories apt*to LWCF proposals.Before selecting a categorical exclusion(CF.), complete the PD/ESFfor the L WCF proposal to support the CE selection. A. Actions related to general administration (1) Changes or amendments to an approved action when such changes would cause no environmental impact. LWC.F actions that are covered include amendments for. -time extensions with no change in project scope or with a reduction in project scope; -deleting work and no other work is added back into the project scope; -clanging project cost with no change in project scope or with a reduction in project scope; -making administrative changes that do not affect project scope. (4) Minor boundary changes that are accomplished through existing statutory authorities and that result in no change in land use. (3) Re-issuance/renewal of permits. rig hts-oi- 'ay. or easements not involving new environmental impacts provided that the impacts oldie original actions were evaluated in an environmental document. (4) Conversion of existing permits to rights-of-way. when such conversions neither continue nor potentially initiate adverse environmental conditions. provided that the impacts of-the original actions were evaluated in an environmental document. (5) Issuances. extensions. renewals. re-issuances. or minor modifications of concession contracts or permits that do not entail new construction or an) potential for new environmental impact as a result of concession operations. (6) Incidental business permits(formerly called commercial use licenses) involving no construction or potential for new environmental impact. • (7) Leasing of historic properties in accordance with ( C'I'lR 18 and NPS-38. (5) Modifications or revisions to existing regulations. or the promulgation of nest regulations for NPS- administered areas. provided the modifications.revisions. or new regulations do not: (a) increase public use to the extent ot'compromising the nature and character of the arca or cause physical damage to it. (b)introduce non-compatible rte's that might compromise the nature and characteristics of the area or cause physical damage to it. (e)conflict with adjacent ownerships or land uses. (ci)cause a nuisance to adjacent owners or occupants LIMP state Assistance Program NEPA categorical Exclusions 10/01/2008 23 H-63 (9) At the direction olthe NPS responsible official.actions where NPS has concurrence or co-approval with another bureau and the action is a CE for that bureau.and where NPS agrees that there is no potential for environmental impact. (10) Routine transfers ofjurisdietion between the NPS and the District of-Columbia accomplished through existing statutory authority.where no change of use in the land is anticipated upon transfer. B. Plans,studies,and reports (I) Changes or amendments to an approved plan. when such changes have no potential for environmental impact. (2) Cultural resources maintenance guides.,collection management plans. and historic furnishings reports. (;) Interpretive plans(interpretive prospectuses.audio-visual plans, museum exhibit plans. wayside exhibit plans). (4) Plans. including priorities.justifications. and strategies. for non-manipulative research. monitoring. inventorying.and in IOrmnt ion-uathering. (5) Aereentents between NPS offices for plans and studies. (6) Authorization,funding,or approval for the preparation of statewide comprehensive outdoor recreation plans(SCORPs). (7) Adoption or approval nhacademic or research surveys.studies. reports.and similar documents that do not contain and will not result in NPS recommendations. (X) Land protection plans that propose changes to existing land or visitor use w hen the changes have no potential for environmental impact. C. Actions related to development (I) Land acquisition within established park boundaries,if future anticipated uses would have no potential for environmental impact. (2) Land exchanges that will not lead to anticipated changes in the use of land and that have no potential for environmental impact.For LWCF,some small conversions niay meet this criterion.See the LWCF Manual Chapter 8 for further guidance. (3) Routine maintenance and repairs to noon-historic structures. Facilities. utilities, rounds. and trails. (�l f Routine maintenance and repairs to cultural resource sites. structures. utilities. and grounds if the action Falls under an approved Historic Structures Preservation Guide or Cyclic Maintenance Guide or if the action %%mild not adversely affect the cultural resource. (5) Installation of LWCF eligible signs,displays,and kiosks. (6,) Installation o 1'navigation aids. LWCF State Assistance Program NEPA Categorical Exclusions 10/01/2008 24 H-64 (7) Experimental testing of short duration (no more titan one season)amass transit systems.and changes in operation of existing systems. that have no potential for environmental impact. (8) Replacement in kind of minor structures and facilities with little or no change in location,capacity, or appearance. for example,comfort stations,pit toilets,fences,kiosks,signs and campfire circles. (9) Repair,resurfacing,striping,installation of traffic control devices,and repair/replacement of guardrails,culverts,signs,and other minor existing features on existing roads when no potential for environmental impact exists. (10)Changes in sanitary facilities operation resulting in no new environmental effects. (1 1)installation of wells,comfort stations,and pit or vault toilets in areas of existing use and in developed areas. (12)Minor trail relocation or development of compatible trail networks on logging roads or other established mutes. (13)Upgrading or adding new overhead utility facilities on existing poles,or on replacement poles that do not change existing pole line configurations. (14) Issuance or rights-of-way 1hr overhead utility lines to an individual building or well from an existing line where installation will not result in visual intrusion and will involve no clearance ofveuelation other than for placement of poles. (15) Issuance of rights-cel-way for minor overhead utility lines not involving placement of poles or towers and not involving vegetation management or"isual,intrusion in an area administered by NI'S. (16)Installation of underground utilities in areas showing clear evidence of recent human disturbance or areas within an existing road prism or within an existing overhead utility right-of-way. (17)Minor landscaping in areas showing clear evidence of recent human disturbance. (18)Installation of fencing enclosures,exclosures,or boundary fencing posing no effect on wildlife migrations. D. Actions related to visitor use (l) Minor changes in amounts of ty pe.s ofvisitor use for the purpose of ensuring visitor safety or resource protection in accordance w ith existing regulations. (2) Minor changes in programs and regulations pertaining to visitor activities. (?) Issuance of permits fir demonstrations. eatht,ring,s.ceremonies. concerts. arts and crafts shows. and tics lrtrth.entailing only short-term or readily remediable environmental disturbance. (4) l)csiunatinn of trailsidc•camping zones with minimal or no improvements. E. Actions related to resource management and protection LWCF State Assistance Fragrant NEPA Categorical Exclusions 10/01/2008 25 { H-65 (1) Archeological surveys and permits involving only surface collection or small-scale test excavations. (2) Restoration of non-controversial (based on internal scoping requirements in section 2.6)native species into suitable habitats within their historic range. t Removal of individual members of a non-threatened/endangered species or populations of pests and exotic plants that pose an imminent danger to visitors or an immediate threat to park resources. (-1) Removal of nun-historic materials and structures in order to restore natural conditions when the removal has no potential for environmental impacts. including impacts to cultural laiidscapcs or archeological resources. (5) Development of standards for. and identification.nomination. certification. and determination of. eligibility cif properties f'r►r listing in the National Register of Historic Places. the National Historic Landmark and National Natural Landmark Programs.and biosphere reserves. (ti) Non-destructive data collection. inventory (including field.aerial. and satellite surveying and mapping). study. research. and monitoring activities(this is also a Departmental CE). (7) Designation ii'environmental study areas and research natural areas. including those closed temporarily or permanently to the public. unless the potential for environmental(including socioeconomic)impact exists. F. Actions related to grant programs (1) Proposed actions essentially the same as those listed in paragraphs A-E above not shaded in gray. (2) Grants for acquisition to areas that will continue in the same use or lower density use with no additional disturbance to the natural setting or type of use. (3) Grants for replacement or renovation of facilities at their same location without altering the kind and amount of recreational,historical,or cultural resources of the area or the integrity of the existing setting. (4) Grants for construction of facilities on lands acquired under a previous NPS or other federal grant, provided that the development is in accord with plans submitted with the acquisition grant,and that environmental documents have been completed on the impacts of the proposal funded by the original grant. (5) Grants for the construction of new facilities within an existing park or recreation area,provided that the facilities will not: (a) conflict with adjacent ownerships or land use,or cause a nuisance to adjacent owners or occupants,such as would happen if use were extended beyond daylight hours. (b) introduce motorized recreation vehicles, including off-road vehicles,personal water craft,and snowmobiles. (c) introduce active recreation pursuits into a passive recreation area. LWC,F State Assistance Program NEPA Categorical Exclusions 10101/2008 26 H-66 (d) increase public use or introduce non-compatible uses to the extent of compromising the nature and character of the property or causing physical damage to it. (e) add or alter access to the park from the surrounding area. (6) Grants for the restoratim rehabilitation.stabilization. preservation.and reconstruction (or the authorization thereon)of properties listed on or eligible for listing on the National Register or Historic Places.at their same location.and provided that such actions: (a)will not alter the Integrity of the property or its setting (b)will not increase public use of the arch to the extent or compromising the nature and character the property. • • MVO"State Assistance Program 11EPA Categorical Exclusions 10/01/2008 27 H-67 d,H�'1° »'.�d Ota r1 yY.;'ry'.;•✓IYMnsW.�.',.'w..r • ,x < ,b CoI�y ,F /r' Y, „1„,•,,'!! ^•�r.,.rww....G / .fir A4.y9 '/ ''0 4 M M r'44 100,,,,.., �tK ifr% *'. > d.^ --• *al,„*** ,fr,' :111 ''''' ,' 1 , ri,...,,-01,,,,,,,,Of ,: 411.11r1,,-,-,_4,, ..,,,,,,„,i „, .,,,,,„4,-,.. . '''. ',',",,,,., '' :'0,' ' ft , ,v,t' ' "-. i' " '' Sir .. a M18' ' a W� M ,n ��+A / `%% pl_ IF M. 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'I A ,- - ,....„,),,._.....„ ] N_ , i) '' --...........„__4--- )'' , L____24— j / ..........' \ LI .. , N, V.-'. t 1 . N. 11 , L), --,., , .. .. • ,..:,, I —i , I Lr-------, '-\' ..,/ . i ' ,, \ \...„ - / 7..._------- ) ----1 1 . 1 __.....__ _ t.. ' I l 1 - 1 \ i ...,--f • es- L - V- -3 T r1 _ ,4 a . cn r? .i -i i I • t ( \ I Z_r ( T_ P^ r._ ji if CO la H 3 i L- 'LrH (I. ' ____' 22.ci i ( • _ t-'f. CD i Ea 11 N._ r—f L....___\ L-, ,...2 ii r- ,,_ . .___.2 , s I Hril 7 Lc d-: f r ___.1 i' ct k. - t \ \ f-i I - r r- sif 7-f �.._, V I ;I Li w (7::: .___.1 il , '-� ii 5 . .--. :._ ,: } `t R _ _ r1 `-- - i ...L.I____ ti CI , Li ' _ _ _ , , ! ,a, -, iv: \'‘ ,----, -04.? ! �``� -Sepulveda Sedd 1 deMs cia r-r-L.,, 1.•_, ‘,„,,,. ________ . r-: ),. �, ��State Nlghw 1 •'f_ Pacific Coast`-, • Z•A. 1f \-_,........_-- a -y + , •,a\OS A--<.','"V,� . _ \ i ,..\-,.if:e. „7:'' ' ' .:''' \.\t',tis\.: . -i, ,,-',,',' .,y-7-*:.j . • . , o•. CleSr , :, . f I :. t Abalone Cove � _ , !_ F 1,. l 1111 N VIP 1 C Db., i.,--',' Feel ! ' N r 0 3,750 7,500 15,000 22500 30,00a 29 �.,�•---,... ___r ._..__;_ ,._.. _._.,.___ aa.A_,.., .....�.-w._,.a�, — „,,_ __. ,v...a_>>,„. __ _ _ . —.- .... -_�-asa�wrw�..ic— ��-_ H-69 City of Rancho Palos Verdes Abalone Cove Shoreline Park Improvement Project • iY 1 1. Abalone Cove Shoreline Park is an ideal location for x nature education programming because of its access to i'll.‘4 .xABALONE COVE BEAD both marine and terrestrial habitats. But the Park lacks lc both a facility to mount exhibits to fully interpret these habi- R CH0VER1ESsignage PtiOS tats and sina e on the' grounds to enhance a visitor's ex- -= - ploration of the nearby tide pools and Nature Preserve. -t __,� v I Pe .-e. This sign is the onlyinformation available to identifythe vit..1, e park and its amenities. Vim., _ * s ., p In al x x '3 ratti tiinut4 ', ' i ,��j{� y�aF iv , . •'_.,a Sal;,.111!t , _ ii. c' --. 3 :11 - .# . s i 2. This is the parking area for visitors to the park. t, _ ''''''44*J.,,-- , 7:,_7-__ - - --TA: t :..........0 ,. _it __ „....., t...........L.... _ ._ _, , . - .1 1 jr Air 3. i P. _41 s <`! ' :. 3! 1 i ail . 3. This small building serves as a storage facility and .At. c$6411 -) 1 staff office for the site. it also houses the permanent • �; restrooms at the site. 30 H-70 City of Rancho Palos Verdes Abalone Cove Shoreline Park Improvement Project 4. 4. Schools currently use the site for field trips; however, there is no area for teachers to organize any kind of presentations. The proposed outdoor classroom area ii �,Awould provide a place for students and groups to gather I _ and learn about the history of the site and the flora, � i 4 f,� fauna can be found in and around the area. s i t t - - --, ' i 4 , I :4" 5. 5. No interpretive signage currently exists on the 79- �• ,- c_ I I 4V-Vit acre park site. Students and the general public miss . .. valuable opportunities to learn about the flora and ;- ;._ '` 1 :` ��'• fauna found in this Ecological Reserve. ,- . t '-4 . ' . . _ . . , t s t , .' 3 y4!''x * - .. _. - ,♦t,r ani .'� '' < 41 0 4.i i— , '. 3.. .• .. . l 6. Existing picnic areas would be improved to be more inviting and accessible. 1 .---4..t t.:fit. ..•v }`t€ t €- OfV. : ' #-' - — ' ' 4-IV ''''* : '''- ' ' '. ' ' ' • '' } 4 f .. €}s. s . ,.. ' '4: . -''., S s r J r VtU a a�.. • L'1 � e..... ei • 4,--:: _ _' , . _ . _,.....,, - -- --T— — — ' ,,„ _ 4 , 7. Existingbeach area and Los Angeles County =�' • - �* ' lifeguard tower. - .� '; :. kr -- , . _ .._ . „..., r O .......-,,.. l .a i,fie . t 4r =- :7', - ::::,..A:-. - :•-',4,41-;',,,,...-' ?-a amort -- a C '\ Y '! .'{�s• € - z c' i€ `fes; ..e "� .. 71 x r „ ....•' •.1_ ,1,+i . _ 7 3 t1 A i H-71 City of Rancho Palos Verdes Abalone Cove Shoreline Park Improvement Project "t*,--...,- --,--.,, 8. View of Portuguese Point and tide pool area. '1% .ir --ii-.. } -..'M .• , ,, 9. ,y...",,,...• �.s= s • �:h '�+r.... -.. . \�. .Ars ,fc ��. -,., .1�� ..— ��, ...►.-7---- � +�? =i trit \'' '3 ti tt- _» � � � _nF •�+y .mow � - 9. Expansive view of cliff, Portuguese Point, beach t4.....a A . ' .; ; , area and trail leading down to the beach. While visitors •= ', - --",- can , 1 � � a a ,�t i, � can enjoythe breathtakingview, there is no facilitysign- :': �'•~: ir. i ' '' �y' �� ",' 9 •' `� . age to help them understand the unique biodiversity i.1�� �,f� : ,�,,�kg4t.t.� ,I.; y � �. ,i . .�, they are seeing (photo source:wviw caopenspace.orgl " , I : : �•,�. -/=. �•, , •= '..t 4'' �'• ` v b4 �• •^ ate." ...,0 I' .S. +t.,. + - • y.—.....� ..,-1.-"-- • ►�.` abcove.html) .;r r- #;�-„' 'l a;its f't • •'- x .31. _e . 10. Visitors can explore the wonders of the tide pools. 10. i�� -\ - - .` -- � Interpretive signage will explain the different types of j marine life and the delicate ecosystem found here, loir, st :, F ' - '.`. ¢ `4j!.. alongwith ways to protect this habitat. (photo source: -ii := ' a �_= - - www.caopenspace.orgfabcove.html) , ;� 'Iti'-'*'''',14;' ._ . i 0','"i' !,. *- ` I'fr. •tt g ; J 11 - . I ,. - :•. - ' --p---..--0 -.isr- ., i �s 4 f .` rt - a t r ' � ' TY SAy-It� ate ,� Y 1 ,€ .41%, s I 11. A view out over the bluff top fence which would be improved to allow visitors to safely walk and play along rellanium _ � the proposed bluff top trail. . -----,r-.� L. • 32 H-72 City of Rancho Palos Verdes Abalone Cove Shoreline Park Improvement Project 12. 1 12. View of the famous Wayfarer's Chapel designed by world renowned architect Lloyd Wright. The chapel tower can be seen from the trail leading down to the beach and tide pools, "Chapel View Trail." • x z ..T - i iI- AC_. ,- ..,‘„\ , .„, I 41,1 4. ' ' „..--,..,. , , f _,,.- --. k, ,;I - -- .... -4:1-4-, 2'-:k , -': i 1 . -.-17:;7‘..-' ft_ - ,, , 91. 2.,..-iire:-..t.u-3/4.; -4 I tit 'fit" ' . ,. ## `4 Rtes i Sal�;Q ` S i~. , 1-. ---..t3/4- ,-.. - , ,it - l')-: •,:::, 47,,i,„nnirlr . ., , ._ ... _ .,. , . , : .)". , * . t....':*-1,\A:: ' - pig t . i - 1, ff x • $ i ;it2 a& .. , %r f F Ar- 13. This is the only directional signage that can be found at the ,. , . .. park. It is very small and does not provide any educational in- formation, or how to safely observe the life in the tide pools. 14. 14. One of the many spectacular views along the California Coastline that can be seen from Abalone Cove Shoreline Park. +-i 4. . • rµ" £; � � � ,� .�_�. �. :,41%; :'i;* fix ," . --,:,kt% L ':,!:-.- 33 H-73 caure 11,tr.3 -7. a- el-t.41. z..)' 2-74, a a:/101aD (Nr9.21 (gnl—c-.11 Or-- This is your LWCF Service Area report for the , 1 I. ' project you have defined. Please refer to - r. your Project ID in any future communications about this project. Project ID: 135I. • October 28, 2010 _ Date created: =• - �-- � €t� County: Los Angeles } :_\ • City: Rancho Palos Verdes Coordinates: 33.7439452, -118.3812929 Total Population: 626,607 People per square I 6,211 mile: Park acreage: 4,624.29 0 9 mi Project Site Park acres per 1,000 population: 7.38 poP All numbers above have been calculated based on a 10 mile radius from the point location of your project. Demographics are figured by averaging population numbers over selected census block groups and using the percent of the block group within the project circle to determine the actual counts. Parks and park acres are based on best available source information but may not always contain exact boundaries or all parks in specific locations. Parks acreage does not include major lakes or ocean. Users can send update Information to: parkupdates@parks.ca.gov Data Sources: Demographics- Claritas Pop-Facts, block group level (Apr. 2008) Parks-Calif. Protected Areas Database v. 1.3 (Mar. 2009) 00* LWCF Service Area Calculator is a service at the r► California Department al Parks and Recreation t►.ci ,. www.parks.ca.gov LWCF Sciirlc.Arca C+".Icthhto7 cicat d by Gtecntnfo Nctrrotk rrrim yrccni^.fc orq 34 H-74 City of Rancho Palos Verdes Abalone Cove Shoreline Park improvement Project 13.Protect Proposal Criteria(15 pages maximum) 1. Meeting Statewide Outdoor Recreational Needs/Implementing Corps Actions The City of Rancho Palos Verdes(RPV)is in a unique position to help California meet its outdoor recreation needs by improving an underutilized,coastal park with incredible potential for enhanced recreational opportunities and views unlike any other in the Los Angeles Metropolitan area. The 79-acre Abalone Cove Shoreline Park Is located on the Palos Verdes Peninsula in Los Angeles County. The City-owned Park currently includes a 3.69-acre grassy bluff(the proposed project area), unimproved parking lot,unimproved/rugged trails,13 small,aging picnic tables,and a small park staff building with restrooms. Part of the park is overlaid by a 109-acre State Ecological Reserve,which protects the delicate marine life in the tide pools,which are accessible to the public from the beach area. Part of the park is also included in the Palos Verdes Nature Preserve,which consists of over 1,400 acres of open space where the public can hike trails and explore the unique flora and fauna native to this area,as well as the unique geology of the Peninsula. There is limited opportunity for visitors and local residents to picnic,play and enjoy the stunning scenery in a recreational setting due to a lack of amenities and signage at the Park. Abalone Cove Shoreline Park is only one of four parks in RPV with public beach access. The proposed improvements are an important first step in making the Park a destination point for RPV,the Peninsula,and the Los Angeles County region. The Abalone Cove Shoreline Park Improvement Project will unlock the untapped potential of this prime coastal park space and develop a more user-friendly recreation venue by: 35 H-75 City of Rancho Palos Verdes Abalone Cove Shoreline Park improvement Project 1. Installing 25 picnic tables(including group benches)and arranging them throughout the grassy bluff top to create an outdoor classroom area and other areas that can accommodate seating for family events,social/organizational events,and school tours; 2. Constructing two small and one large trellis shade structures; • 3. Constructing a ADA accessible decomposed granite walking and exercise path throughout the w ` park area,improving two trailheads and two viewing stations,installing ten park benches,two viewing telescopes,and two bicycle racks; 4. Installing 12 interpretive signs and two kiosk signs to showcase the rich and diverse history of the Cove,the history of the original Native American inhabitants,and provide educational information on the unique ecosystems within the State Ecological Reserve and the Palos Verdes Nature Preserve; 5. Planting natural,drought-tolerant plants•and landscaping to enhance aesthetics,create an inviting park space,and create an organic maze for children to explore,and installing 34 boulders that will be positioned at trailheads and throughout the Park to replicate art, geography or marine life whereby children can climb,stand on,and jump off of; 6. Replacing 500 linear feet of defunct bluff top fencing to increase safety and security;and 7. Installing basic amenities such as 27 trash receptacles and three mutt mitt dispensers. Figure 1 summarizes the proposed improvements and how they implement nine of the Corp actions. Figure 1:Proposed Improvements Aligned with CORP Actions CORP Issues Actions Proposed Park improvements {! r i CORP issue I:Provide or Action 1.3: Increase number of 0 Create group picnic areas Improve access to public group picnic areas 0 Outdoor classroom parks and outdoor recreation 0 Shade structures/trellis' resources Action 1.5: Provide alternative El ADA walking/exercise path park elements El Organic maze/play area 36 H-76 City of Rancho Palos Verdes Abalone Cove Shoreline Park Improvement Project CORP Issues I Actions Proposed Park Improvements Action 1.7: Develop trails linking Q New walking path linking to parks with other outdoor broader trail network and recreation areas State Ecological Preserve CORP issue 11:Provide Action 2,4: Provide areas where El Bluff top area largely seamless delivery of outdoor children can engage in outdoor unstructured as open field for recreation opportunities activities such as digging, exploring bugs,insects, • exploring,unstructured play plants,trees,and sand/soil Action 2.5: Provide outdoor © Organic maze(i.e.natural, recreation play equipment that drought-tolerant landscaping. integrates physical activity and planted in patterns to create stimulates imagination a maze for children to explore) O Large boulders that blend Into the landscaping but positioned to resemble art, geography or sea life. Children can climb,stand on, and jump off boulders CORP Issue Ili:Protect and Action 3.1: Incorporate ® Decomposed granite walking manage natural resources sustainability,energy efficiency, and exercise path and environmental awareness © Trellis'to serve as shade into project with recycled, structures energy efficient materials,etc. Q Natural,drought-tolerant landscaping © Drip irrigation system Q Picnic tables made of recycled content El Mutt Mitt dispensers with degradable bags Action 32: Work with local ® Educational signage/kiosks school districts to educate youth Q Additional outreach for on the importance of preserving docent lead tours with • natural resources school children El Outdoor classroom area Action 3.6: Provide more 0 Cove-specific educational Interpretive displays interpretive displays CORP Issue lV: Action 4.2: Incorporate and El Kiosk featuring Abalone Cove Presence/protect California's promote cultural heritage and RPV's cultural heritage cultural heritage themes in park and recreation areas 2. Regional Priority Outdoor Recreation Needs The proposed Park Improvements meet Los Angeles Region Priorities#1,#2 and#3. The Project proposes to construct a 5-foot wide ADA accessible walking and exercise path around the 37 H-77 City of Rancho Palos Verdes Abalone Cove Shoreline Park Improvement Project perimeter of the Park(priority#1). The path will encourage repeat visitors,walkingjjogging for fitness or pleasure,and will provide visitors with disabilities a place to recreate near the beach. The path will also provide a structured route for existing docent tours that Include senior citizens and children. The walking and exercise path will link to the City's trail system and become part of,a wider network of trails in Los Angeles County and the State through the California Coastal Trail, which extends 1,200 miles from Oregon to Mexico. This will help provide health benefits to RPV families and neighboring residents and make a positive impact on regional obesity rates. Los Angeles County is in great need of walking and jogging venues. According to a 2007 childhood obesity study conducted by the Los Angeles County Department of Public Health,"...more than 1 in 5 students in the 5th,7th and 9th grades are now obese in Los Angeles County." New group picnic facilities and shade structures will accommodate large groups including school field trips,family reunions,sports teams,senior groups,and church picnics(priority#2). And finally,the Project is located on the Pacific Ocean shoreline(bluff top)and therefore increases access to magnificent coastal views,which provides prime opportunities for coastal nature observation and will be enhanced with two new viewing telescopes(priority#3). 3.Local Outdoor Recreation Need Within the 10-mile radius surrounding the Park,there are two City-owned outdoor venues;the Palos Verdes Nature Preserve and the State-designated Ecological Reserve. Both are located adjacent to the Abalone Cove Shoreline Park and open to the public. The Point Vicente Interpretive Center(PVIC)is located 3.4 miles from the Park and is dedicated to exploring the natural history of the Peninsula with specific emphasis on the migration of the Pacific gray whale. Despite the availability of these resources,there is currently no other venue in the City that allows public 38 H-78 City of Rancho Palos Verdes Abalone Cove Shoreline Park Improvement Project access to walk or jog on a fiat path with ocean views,picnicking,passive recreation and direct access to the beach where one can observe the delicate marine life In the tide pools. This is the only park which will feature all of these amenities. There are two key populations that will significantly benefit from the improvements;seniors .• and school children. Of the almost 64,000 residents living on the Palos Verdes Peninsula, approximately,25%are aae 62 or older. This is much higher than the United States and California average,which is 12%and 10.6%,respectively. Seniors need safe and accessible outdoor venues. The proposed project will provide a new place for seniors to enjoy the outdoors;exercising, picnicking,walking their dog,and viewing the ocean and nature. It will also provide volunteer docent opportunities for seniors to help educate school children about the marine life of the tide pools and the importance of these precious resources. In 2008,more than 3,300 adults and children took part in 96 docent-led hikes throughout the City. With respect to school children,the City of RPV hosts approximately 4,000 students and scouts on hikes through the tide pools and habitat areas at Abalone Cove and habitat and geology tours through the Forrestal Nature Preserve (a nearby City-owned Nature Preserve). With additional amenities at the Park,these numbers are projected to increase. In addition,the City will continue to partner with the Palos Verdes Peninsula Unified School District,which serves 12,094 children attending 18 different schools and the Los Angeles County Unified School District serves nearly 75,000 students at 113 schools. Schools and students need free,outdoor venues that are accessible during the school day. The tide pools at Abalone Cove,the State Ecological Reserve,and the Palos Verdes Nature Preserve are wonderful opportunities for teachers and students to increase their knowledge of the natural sciences,nature preservation,and oceanography. The larger picnic tables,shade structures,paved path,and 39 H-79 City of Rancho Palos Verdes Abalone Cove Shoreline Park Improvement Project educational signage will serve as an outdoor classroom that will enable more school groups to enjoy the Park. In addition to the Items noted above,it is important to point out how this Project will help preserve the entire Park,tide pools, Palos Verdes Nature Preserve and the Ecological Reserve. The City experiences frequent problems with poachers in the tide pools. Last year,the Los Angeles County Sheriff's Department deputies issued 12 citations for poaching of mussels,abalone,and starfish. The proposed educational signage and kiosk will help the public understand how these behaviors damage the marine habitat. Also,by improving the Park space from a barren,hilltop area to a recreational and educational destination,increased visitation to the Park will help discourage illegal activity,including poaching. Project Phasing•The Abalone Cove Shoreline Park Improvement Project is a stand-alone project but it is important to emphasize that the Park,.with the linkage to surrounding trails,will contribute to the California Coastal Trail. The improvements are also an important first step in implementing RPV's Coast Vision Plan that was adopted in 2008. Public Demand-Evidence of local demand for outdoor recreational opportunities in the service area include: • A 2003 survey conducted by the City of RPV revealed that 12%of respondents dted"loss of open space"as a serious issue facing residents. This was the 3`d most significant issue cited with growth and development and education/public schools being the e and 2"d greatest issues,respectively. 40 H-80 City of Rancho Palos Verdes Abalone Cove Shoreline Park Improvement Project • Parking data reveals that parking at Abalone Cove has increased by 31%from 2005 to 2010. In the 2005-2006 fiscal year,7,694 cars parked at the site. In the 2009-2010 fiscal year,that number was 10,116. • From 2006-2008,the City developed a,Coast Vision Pion,which resulted in 180 people .• participating in three workshops. At the June 2006 Visioning Workshop,participants in the small group exercise cited the following coastline needs:picnic tables,shade shelters,traiihead signs,kiosks,provide access for people.with disabilities,native plants,accommodate users without changing the land,and trash cans,to name a few. • On October 22,2010,the City hosted an Abalone Cove Focus Group meeting that underscored the community's desire to see the Park improved and serve as a"gateway to nature." Attendees were passionate about ensuring that improvements blend with the natural environment,that the area remain free for open and non-restrictive play,encourage sunset picnics,have educational signage,wide paths,and continue the educational themes that are already a signature element of RPV at other venues. 4.Public Involvement Methods to Notify the Public/Opportunities for Public involvement-As mentioned above,RPV conducted a visioning process for the coastal areas of the City between 2006 and 2008 that resulted in the City Council adoption of the Coast Vision Plan. The Plan examined five key areas of the coast,including Abalone Cove. A total of three public meetings were held as described in Figure 2. Meeting invitation methods included newspaper advertisements,flyers,letters to Abalone Cove neighbors,emalls to Vision Plan meeting attendees,and postings on the RPV website. Attendees were diverse and included residents of all ages and stakeholder groups such as 41 H-81 City of Rancho Palos Verdes Abalone Cove Shoreline Park Improvement Project the Los Serenos de Point Vicente(the docents)and the City's Equestrian Committee. A fourth, Focus Group meeting was hosted on October 22,2010. Public Process and Comment Periods-All Coast Vision Plan meetings were open to the public and participation was strongly encouraged. 180 members of the public attended the three public meetings and 12 members attended the focus group to provide feedback that led up to the proposed recommendations for the Park improvements. The focus group had a significant impact on the final design and scope of work associated with the project. The formats varied from workshop to workshop and included standard presentations,small group exercises,community reports from various stakeholder groups,case study presentations,an open house format,question and answer period,and public comment process. After each Coast Vision Plan meeting,materials and meeting video footage were posted on the City's website and the public was given a minimum of 30 days to make comments and write letters,prior to the City incorporating changes or taking final actions. Figure 2:Public input Meetings Meeting Date/Purpose -Day/rime Location Attendees COAST VISION PLAN MEETINGS 06/03/06-Vision Plan Creation Sat.gam-noon Ridgecrest School 80 10/21/06-Vision Plan Alternatives Sat.9am-noon Point Vicente Center 60 11/10/07-Final Public input Sat.9:30am-Spm _ Point Vicente Center 40 ABALONE COVE FOCUS GROUP MEETING 10/22/10-Focus Group Fri.llam-lpm Terranea Resort 12 Total Attendees 192 Information Made Available to the Public for Review on the LWCF Proposal-At the final Coast Vision Plan meeting in November 2007, participants were presented with a conceptual plan for the 42 H-82 City of Rancho Palos Verdes Abalone Cove Shoreline Park Improvement Project Abalone Cove site. The Concept Plan articulated the current features,site goals,and visually portrayed the elements via a schematic drawing. Visuals also Included an image board including sample picnic tables,a trellis and other design items related to the Abalone Cove Plan. All materials were circulated at the November 10,2007,meeting and again at the October 22,2010,.• focus group. The focus group was also'provided with a draft site plan,which has been modified based upon attendee recommendations. The City Council staff report associated with this project is currently available on the City's website and this Land and Water Conservation Fund grant application will be posted after November 1,2010. Agency Response to Public Comments-During the Coast Vision Plan public comment process,the City tabulated all responses(whether email,comment card,verbal,etc.)and summarized them by "issue." The Issues were to keep Abalone Cove a natural setting,to allow it to heal from bike use, to support native plants and signage for the tide pool areas,to incorporate large PV stone boulders and paths,a gazebo or structures for picnics,and no public road to the shoreline. The focus group recommendations included keeping the Park an open,non-restrictive play area,clear/uniform signage,balance the natural aesthetics and improvements to the park,include interpretive signs, use natural plants to create a maze for children to explore,and incorporate large boulders as art and play structures. As reflected in the scope of work for the Park improvements,almost all of the requests from both the Coast Vision Plan and focus group participants have been Incorporated into the design plans proposed herein. Timeliness of the Public Planning Process for the LWCF Proposal-The public planning process for the Abalone Cove Shoreline Park Improvement Project concluded in September 2008 with City Council approval of the Plan. Subsequently,the City hosted a special focus group on October 22, 43 H-83 City of Rancho Palos Verdes Abalone Cove Shoreline Park Improvement Project 2010,to ensure that the original ideas presented in the Coast Vision Plan process were still resonating with residents. This focus group was structured as part of the City's development of this Land and Water Conservation Fund proposal and consisted of local residents who have been active in the Abalone Cove planning process since the beginning of the Coast Vision Pian process. The • focus group's comments and input significantly helped shape the final design and scope of work R � with regard to landscaping and interactive,but natural,recreational amenities. 5.Population and Population Density The City of RPV has identified the Project Service Area to be the ten-mile radius surrounding the Abalone Cove Shoreline Park. The population in this area is 626,607 residents with the population density of 6,211 people per square mile. This densely populated Service Area spans the Palos Verdes Peninsula,the City of RPV and small portions of the neighboring City of Los Angeles. Local resorts such as Terranea(a 582-room world-class resort drawing international visitors),located less than one mile from the Park will utilize the space for day trips and family-friendly educational activities once the improvements are completed. The City does not believe there will be significant day-to-day use by visitors from outside this defined 10-mile Service Area;however,the docents do reach out to the inner city schools for field trips and nature hikes. 6.Cost-Use Benefit Upon completion of the proposed improvements,the City estimates that annual visitation to the bluff toga amenities will increase by 60%. In 2009,10,116 vehicles entered the Park based upon parking data collected daily. Assuming an average of 2.5 persons per car and school field trips,the average annual visitation is roughly 30,000. Currently,most visitors park at Abalone Cove and walk down to the beach,but do not stay on the bluff top,as it is largely undeveloped. It is 44 H-84 City of Rancho Palos Verdes Abalone Cove Shoreline Park Improvement Project estimated that over 45%of the current,annual visitors will stay on the bluff top for some of their visit and school field trips,family reunions,sports teams events,docent tours,etc.will increase use by another 15%. The proposed park improvements are expected to cost$621,660. This is an extremely low cost considering the projected increase in use and the following benefits: 1. .• creation of new outdoor recreation opportunities for all ages;2.cumulative cost savings to users • s who are now able to walk or drive to their nearby neighborhood park;3.Increased opportunity for neighborhood cohesiveness,a central gathering place;4.health benefits for seniors,adults and children;and 5.educational awareness of the State Ecological Reserve and the Palos Verdes Nature Preserve and their unique ecosystems will help foster nature stewardship. This In turn will lead to less poaching and a diminished need for police enforcement. The benefits of this Park will also grow exponentially as its usage expands regionally to include users from school groups and neighboring communities such as the City of Los Angeles,Torrance and Long Beach. 7.Public Access to Recreation Limitation of Facilities/Fees-The Park is located on a bluff with the Pacific Ocean immediately below and accessible via a rugged terrain trail. The bluff is located off of a major arterial in the City (Palos Verdes Drive South)and is one of only four public access parks/viewing areas in the City. The Park is free of charge,with a small parking fee of$5.00 per car per day. This fee is used to offset the cost of having a staff person on site to oversee Park needs and general maintenance costs. Daily Hours of Operation-The Park has daily operating hours in accordance with RPV City-wide parks hours that require parks to be open one hour before sunrise and close one hour after sunset. The site will be open seven days a week,with the exception of Thanksgiving Day,December 24th and 25th,and January 1g. 45 H-85 City of Rancho Palos Verdes Abalone Cove Shoreline Park Improvement Project Close to Home Recreation/Public Transportation-The proposed project will serve as both a close- to-home recreation destination for neighboring residents as well as a local day trip destination for the surrounding communities and school children. The project site is currently accessible by automobile,public transportation,and bicycle,with ample space for parking. Two bicycle racks are included in the proposed improvements. The Park is currently served by the Los Angeles County Metropolitan Transportation Authority(Metro). Metro Line 344 bus service has a bus stop at the intersection of Seacove Drive and Palos Verdes Drive South,a 1/5 mile walk to the Park entrance via a pedestrian path along Palos Verdes Drive South. This bus line runs seven days a week. Transportation to the site is also offered locally by the Palos Verdes Peninsula Transit Authority. Obstacles Associated with the Project Site-There are no obstacles or barriers within the Project Service Area that may limit access to and from the project site. 8. Population Served • The proposed park improvements will benefit all segments of the public within the 10-mile service area surrounding the site. The following underserved segments of the population will greatly benefit from the proposed improvements: Seniors-Rancho Palos Verdes has a large aging population with senior citizens representing well over 25%of residents. The proposed project will provide a free space for seniors to enjoy the outdoors and get exercise in a location that is accessible by public transit. Latino Families-The Peninsula's Latino population is growing,with some neighboring cities well above the 32%Latino statewide population,such as San Pedro-Los Angeles(40%),and Long Beach(41%). Accordingly,large projected growth is expected in the State of California overall for Latino school-age children in the next 25 years. Disabled members of the community-The proposed improvements will increase the area's ADA accessible paths with views 46 H-86 City of Rancho Palos Verdes Abalone Cove Shoreline Park Improvement Project of the ocean. School Children-There are approximately 50,000 school children attending schools within the designated 10-mile radius surrounding the Park. School children in these closely neighboring communities are economically and academically underserved as evidenced by over 72%of LAUSD schools claiming Title I status and over 76%receiving free and reduced lunch. Docents regularly arrange for student tours and hikes from the inner city areas via school field trips. Improved large group spaces and a new outdoor classroom space will enhance the overall quality of field trips and increase school children visits to the Park. 9.Readiness The following schedule demonstrates the City will be able to start,execute,and complete the proposed improvements within 16 months(almost two years in advance of the required three-year project completion requirement). A concept design plan has been drafted and final design is expected to take approximately five months. City staff believes this project will qualify as a categorical exemption and therefore the environmental approval process should proceed quickly. No special permits are required to complete this project. Figure 3: Project Schedule Tasks Start End 1 Submit Nature Education Grant Application 11/10 2 Grant Agreement Executed(anticipated) 3/11 3 Project Management and Oversight Project Life 4 Project Kick-Off Meeting 4/11 4/11 5 Final Design and Development of Request for Proposal(s) 4/11 8/11 6 Advertise/Award Contract(s) 9/11 11/11 7 Grading 12/11 _ 1/12 8 Educational Signage and Kiosk Developed 12/11 1/12 9 Construct trail,install bike racks,fencing and mutt mitt dispensers 1/12 5/12 10 Install picnic benches,shading,educational signage and kiosk 4/12 7/12 11 Notice of Completion Filed 8/12 8/12 12 Grand Opening 8112 8/12 13 Project Close out 9/12 9/12 47 H-87 City of Rancho Palos Verdes Abalone Cove Shoreline Park improvement Project # Tasks Start j End 14 Reporting Bi-annually 15 Records retention Up to 3 years 10.Performance The City of RPV has an experienced project management team which has successfully • completed grant-funded projects on time and within budget. For example,a team of city staff and consultants expanded the Point Vicente Interpretive Center by over 7,000 square feet,developed and constructed interpretive exhibits,and constructed and installed landscaping,a terrace,and walkways. The total project cost was$5.1 million and Included a mix of funding including Measure A,Quimby Act, Environmental Excise Tax, Proposition 40,General Funds,and private donations. The project commenced in June 2004 and was completed 15 months later in September 2005. The City is also in the process of closing out a federal Energy Efficiency Conservation Block Grant ($162,900),which required significant conformance to federal regulations including Davis Bacon, NEPA environmental laws,federal procurement,and reporting. The City has never missed a reporting deadline,has kept the Department of Energy project officer updated on progress,and will have closed out the grant within one year of the award. The City is also managing two federal Highway Safety Improvement Program grants cumulatively worth$465,000. These projects are on schedule and will be closed out within the contract timeframes. The City's Parks and Recreation Department(PRO)will oversee this project in cooperation with the City Manager's office,the Finance&IT Department,and the City's Public Works Department. The PRD oversees 15 venues including 10 parks(235 acres total),three community centers,one interpretive center,and a fishing access site. The PRD develops and coordinates various programs for residents to enjoy at these venues,including classes and docent lead nature and educational tours(3,316 people took part in 96 docent-led tours In 2008). The City also owns and protects the 48 H-88 City of Rancho Palos Verdes Abalone Cove Shoreline Park improvement Project 1,400 acre Palos Verdes Nature Preserve,which the City has partnered with the Palos Verdes Land Conservancy for management. The Preserve includes a network of hiking,equestrian and bicycle trails. The City is committed to open space as demonstrated by maintaining a Habitat Restoration Fund that receives funds from developers for conservation easements and a Maintenance Fund as part of a development agreement to pay for maintenance for 71 acres Including trails,fencing,and landscaping. The City will continue to use these methods and others(zoning,use permits,etc.)to balance development while preserving lands for open space. For all grant funded projects,the City's Finance&IT Department establishes a unique code to the funds and tracks all expenses and grant proceeds. City Finance staff have experience accounting for grant funds according to federal rules including Code of Federal Regulation requirements,Office of Management and Budget rules and Circulars,and adhering to Single Audit Act requirements. Grant progress is tracked by the City Manager's office via monthly grant meetings. 11.Operation and Maintenance The City's Recreation and Parks Department(RPD)(7 full-time staff members and 16 part-time) will manage the day-to-day operations of the Park and long-term maintenance will be managed by the Public Works Department (15 full-time staff). The City will use General Fund monies and the small parking fee($5 per car,per day)to pay for O&M costs. The PRO budget is approximately$1.5 million annually for park operations and programming and the Public Works budget for parks, trails,and open space maintenance is approximately$1.2 million. The City Council is aware of an expected increase in O&M and passed Resolution No. 2010-99 indicating their full support to fund O&M expenses for the long-term. Specific O&M work includes: 1) the walking path will receive routine maintenance on a semi-annual basis; 2) picnic tables and signage will be kept stain and 49 H-89 City of Rancho Palos Verdes Abalone Cove Shoreline Park improvement Project graffiti free on a weekly basis;3)trash will be removed daily; and 4) RPV Park Rangers and the Los Angeles County Sheriff's Department will provide enforcement and patrol services. It should be noted that a staff person is on site daily, collecting parking fees, providing overall supervision, and reporting park O&M needs to the appropriate City personnel. s � • 50 H-90 Exhibit"C": City's contract with State for Land and Water Conservation Fund Grant • R6876 0001\1347704v1.doc H-91 State of California•Natural Resources Agency Edmund G.Bn wn Jr.,Governor DEPARTMENT OF PARKS AND RECREATION•P.O.Box 942896•Sacramento,CA 94295-0001 Ruth Coleman,Director � (916)853-7423 RECEIVED MAR 01 2012 MAR 05 2012 Ara Mihranian COMMUNITY DEVELOPMENT Deputy Director of Community Development tsEPaR-rMENT City of Rancho Palos Verdes • 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275-5391 • Re: Land and Water Conservation'Fund Contract r Project Name: Abalone Cove Shoreline Park Improvement Project Program: Land and Water Conservation Fund Project Number: 06-01719 Dear Ara Mihranian: Thank you for agency's attendance at the Land and Water Grant Requirements Workshop held on January 18, 2012 in Riverside. The Office of Grants and Local Services (OGALS) looks forward to partnering with you for a successful Land and Water Conservation Fund (LWCF) project. Please see attached your LWCF contract for your review and signature. As stated in the workshop, carefully review the contract provisions. The signature required on the contract must be from your Authorized Representative. As a reminder,eligible project costs must be incurred after the start date of the performance period (Federal approval date)on your contract. Construction should not begin until the LWCF post-selection requirements are completed. Please send your signed contract to us within 30 days to: California State Parks • Office of Grants and Local Services (OGALS) P.O. Box 942896 Sacramento, CA 94296-0001 Attention: Cynthia Wong, Supervisor If you have questions regarding this request, please contact Project Officer Jeanne Ekstrom at(916) 651-7737 or jmeks@parks.ca.pov or Cynthia Wong, Supervisor, at (916)651-8574 or cwongc parks.ca.gov Sincerely, // 1' Orr - Barbara Baker, Manager Office of Grants and Local Services Enclosure cc: Karen Sims, Project Officer H-92 State of California•Natural Resources • !en Edmund G.Brown,Jr. Governor r F��® DEPARTMENT OF PARKS AND RECREATION•P.O.Box 942896•Sacramento,CA 94296-0001 Ruth Coleman,Director 916-653-7423 • February 29, 2012 Carolyn Lehr City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 • Dear Ms. Carolyn Lehr, Re: Project Name: Abalone Cove Shoreline Park Improvement Project Program Name: Land and Water Conservation Fund Competitive Project Number 06-01719 Contract Number C8953009 Enclosed is a contract for the above-referenced project. Please sign and return it within 30 days. We will send you a copy after it is signed by the State. Please remember that your project must comply with all applicable state and federal laws and regulations including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and the laws and codes pertaining to individuals with disabilities. You must comply with the Land and Water Conservation Fund Program post-selection requirements before any reimbursements can be processed. For development projects, we must receive compliance with Section 106 and a copy of the Deed for the project. For acquisition projects, we must receive the appraisal and independent appraisal review that conforms to the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA). Please see your recommendation letter or the Land and Water Conservation Fund Program Procedural Guide for the instructions regarding these post- selection requirements. If you have any questions, please contact me at(916) 651-7739 or email me at ksims@parks.ca.gov. Sincerely, lk)(/?W Karen Sims Project Officer Enclosure(s) H-93 State of California-Natural Resources Agency Department of Parks and Recreation GRANT CONTRACT Land and Water Conservation Fund Competitive GRANTEE City of Rancho Palos Verdes PROJECT PERFORMANCE PERIOD is from September 16,2011 thru June 30,2014 PROJECT TITLE ABALONE COVE SHORELINE PARK IMPROVEMENT PROJECT PROJECT NUMBER 0$-01719 Under the terms and conditions of this ageement,the applicant agrees to complete the project as descrtbed in the project descrtpton, and the State of California,acting through its Director of Parks and Rem pursuant to the program named above,aoees to fund the project up to the total grant amount indicated. PROJECT DESCRIPTION Develop Abalone Cove Shoreline Park by constructing decomposed granite trails with trarihead and viewing station,picnic areas including group picnic facilities,shade structures/outdoor classroom area,play area consisting of organic maze,and support facilities. Total State Grant not to=teed $332,588.00 (or 50%of the total prefect,which ever is less. The federally approved surcharge will be deducted at the lime of bang.) Rate of Reimbursement 50.00% City of Rancho Palos Verdes The General and Special Provisions attached are made a part Grantee of and incorporated into the Contract By Typed or printed mune of Armed Representative • STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION Signature cif Authorized Representative Address By Title C ,Manager Date Date CERTIFICATION OF FUNDING CONTRACT NO AMENDMENT NO CALSTARS VENDOR NO. PROJECT NO. C8953009 000000489000 08-01719 AMOUNT ENCUMBERED BY THIS DOCUMENT FUND. $332,588.00 Federal Trust Fund PRIOR AMOUNT ENCUMBERED FOR Tit S ITEM CHAPTER STATUTE FISCAL YEAR �C°NTRA'T 3790-101-0890(1) 712110 10 2011/12 TOTAL AMOUNT ENCUIBERED TO DATE INDEX. OBJ.EXPEND PCA. PROJECT/WORK PHASE $332,588.00 1091 702 88954 091012-00 T.B.A.NO. I hereby certify upon my personal knowledge that budgeted funds are ave a for this encumbrance. r B.R..NO. ACCOUNTING OFFICER'S SIGNATURE DATE. H-94 State of California--The Resources Agency DEPARTMENT OF PARKS AND RECREATION Land and Water Conservation Fund Grant Contract Provisions Part I-Definitions A.The term"NPS"or"Service"as used herein means the National Park Service,United States Department of the Interior. B.The term"Director"as used herein means the Director of the National Park Service,or any representative lawfully delegated the authority to act for such Director. C.The term"Manual"as used herein means the Land-and Water Conservation Fund State Assistance Program Manual. D.The term"project"as used herein means a Land and Water Conservation Fund grant which is subject to the project agreement and/or its subsequent amendments. E.The term"State"as used herein means the State or Territory which is a party to the project agreement,and,where applicable,the political subdivision or public agency to which funds are to be transferred pursuant to this agreement. Wherever a term,condition,obligation,or requirement refers to the State,such term,condition,obligation,or requirement shall also apply to the recipient political subdivision or public agency,except where it is clear from the natwe of the term,condition,obligation,or requirement that it is to apply solely to the State.For purposes of these provisions,the terms"State,""grantee,"and"recipient"are deemed synonymous. F.The term"Secretary"as used herein means the Secretary of the Interior,or any representative lawfully delegated the authority to act for such Secretary. Part II-Continuing Assurances The parties to the project agreement specifically recognize that the Land and Water Conservation Fund project creates an obligation to maintain the property described in the project agreement and supporting application documentation consistent with the Land and Water Conservation Fund Act and the following requirements. Further,it is the acknowledged intent of the parties hereto that recipients of assistance will use monies granted hereunder for the purposes of this program,and that assistance granted from the Fund will result in a net increase, commensurate at least with the Federal cost-share,in a participant's outdoor recreation. it is intended by both parties hereto that assistance from the Fund will be added to,rather than replace or be substituted for,State and local outdoor recreation funds. A.The State agrees,as recipient of this assistance,that it will meet the following specific requirements and that it will further impose these requirements,and the terms of the project agreement,upon any political subdivision or public agency to which funds are transferred pursuant to the project agreement.The State also agrees that it shall be responsible for compliance with the terms of the project agreement by such a political subdivision or public agency and that failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply with the terms of this agreement. B.The State agrees that the property described in the project agreement and the signed and dated project boundary map made part of that agreement is being acquired or developed with Land and Water Conservation Fund assistance,or is integral to such acquisition or development,and that,without the approval of the Secretary,it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of leased property.The Secretary shall approve such conversion only if it is found to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location pursuant to Title 36 Part 59.3 of the Code of Federal Regulations.This replacement land becomes subject to Section 6(0(3)protection.The approval of a conversion shall be at the sole discretion of the Secretary,or his designee. H-95 Prior to the completion of this project,the State and the Director may mutually alter the area described in the project agreement and the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit,except that acquired parcels are afforded Section 6(0(3)protection as Fund reimbursement is provided. In the event the NPS provides Land and Water Conservation Fund assistance for the acquisition and/or development of property with full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said property to other than public outdoor recreation uses as a result of such right or interest being exercised will occur.In receipt of this approval,the State agrees to notify the Service of the potential conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions and program regulations.The provisions of this paragraph are also applicable to:leased properties •' acquired and/or developed with Fund assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the Service;and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the Service. C.The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation,protection,and the net increase in the quality of public outdoor recreation facilities and resources which are available to the people of the State and of the United States,and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement.The State agrees that payment by the State to the United States of an amount equal to the amount of assistance extended under this agreement by the United States would be inadequate compensation to the United States for any breach by the State of this agreement. The State further agrees,therefore,that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement or the submission and approval of a conversion-of- use request as described in Section II.B above. D.The State agrees to comply with the policies and procedures set forth in Manual.Provisions of said Manual are incorporated into and made a part of the project agreement. E.The State agrees that the property and facilities described in the project agreement shall be operated and maintained as prescribed by Manual requirements and published post-completion compliance regulations(Title 36 Part 59 of the Code of Federal Regulations). F.The State agrees that a permanent record shall be kept in the participant's public property records and available for public inspection to the effect that the property described in the scope of the project agreement,and the signed and dated project boundary map made part of that agreement,has been acquired or developed with Land and Water Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Secretary of the Interior. G.Nondiscrimination I.By signing the LWCF agreement,the State certifies that it will comply with all Federal laws relating to nondiscrimination as outlined in the Civil Rights Assurance appearing at Part III-I herein. 2.The State shall not discriminate against any person on the basis of residence,except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence as set forth in the Manual. Part III-Project Assurances A.Applicable Federal Circulars The State shall comply with applicable regulations,policies,guidelines and requirements as they relate to the application,acceptance and use of Federal funds for this federally assisted project,including: • OMB Circular A-102,Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments; • 43 CFR Part 12,Administrative and Audit Requirements and Cost Principles for Assistance Programs, Department of the Interior; • A-87,Cost Principles for State,Local,and Indian Tribal Governments;and • A-133,Audits of States,Local Governments,and Non-Profit Organizations. H-96 B.Project Application 1.The Application for Federal Assistance bearing the same project number as the agreement and associated documents is by this reference made a part of the agreement. 2.The State possesses legal authority to apply for the grant,and to finance and construct the proposed facilities.A resolution,motion or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein,and directing and authorizing the person identified as the official representative of the State to act in connection with the application and to provide such additional information as may be required. 3.The State has the capability to finance the non-Federal share of the costs for the project.Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. C.Project Execution 1.The project period shall begin with the date,of approval of the project agreement or the effective date of a waiver of retroactivity and shall terminate at the end of the stated or amended project period unless the project is completed or terminated sooner in which event the project shall end on the date of completion or termination. 1 The State shall transfer to the project sponsor identified in the Application for Federal Assistance or the Description and Notification Form all funds granted hereunder except those reimbursed to the State to cover eligible administrative expenses. 3.The State will cause work on the project to be commenced within a reasonable time after receipt of notification that funds have been approved and assure that the project will be prosecuted to completion with reasonable diligence. 4.The State will require the facility to be designed to comply with the Architectural Barriers Act of 1968(Public Law 90-480)and Dal Section 504 Regulations(43 CFR Part 17).The State will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 5.The State shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal,State,and local laws and regulations. 6.In the event the project covered by the project agreement,cannot be completed in accordance with the plans and specifications for the project;the State shall bring the project to a point of recreational usefulness agreed upon by the State and the Director or his designee. 7.The State will provide for and maintain competent and adequate architectural/engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications;that it will furnish progress reports and such other information as the NPS may require. 8.The State will comply with the terms of Title 11 and Title III,the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(Pl.91-646),94 Stat. 1894(1970),and the applicable regulations and procedures implementing such Act for all real property acquisitions and where applicable shall assure that the Act has been complied with for property to be developed with assistance under the project agreement. 9.The State will comply with the provisions of:Executive Order 11988,relating to evaluation of flood hazards; Executive Order 11288,relating to the prevention,control,and abatement or water pollution,and Executive Order 11990 relating to the protection of wetlands. 10.The State will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973,Public Law 93-234,87 Stat.975,approved December 31, 1976.Section 102(a)requires the purchase of flood insurance in communities where such insurance is available,as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes,for use in any area that has been identified as an area having special flood hazards by the Flood Insurance Administration of the Federal Emergency Management Agency.The phrase"Federal financial assistance"includes any form of loan,grant,guaranty,insurance payment, rebate,subsidy,disaster assistance loan or grant,or any other form of direct or indirect Federal assistance. H-97 1 t.The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended(16 U.S.C.470),Executive Order 11593,and the Archaeological and Historic Preservation Act of 1966(16 U.S.C.469a-1 et seq.)by(a)consulting with the State Historic Preservation Officer on the conduct of investigations,as necessary,to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to effects(see CFR Part 800.8)by the activity,and notifying the Federal grantor agency of the existence of any such properties,and by(b)complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. • 12.The State will comply with"Minority Business Enterprises"and"Women's Business Enterprises"pursuant to Executive Orders 11625 and 12138 as follows: (l)Place minority and women business firms on bidder's mailing lists. (2)Solicit these firms whenever they are potential sources of supplies,equipment,construction,or services. (3)Where feasible,divide total requirements into smaller needs,and set delivery schedules that will encourage participation by these firms. (4)The Department of the Interior is committed to the objectives of this policy and encourages all recipients of its grants and cooperative agreements to take affirmative steps to ensure such fairness. The National Park Service Regional Offices will work closely with the States to ensure full compliance and that grant recipients take affirmative action in placing a fair share of purchases with minority business firms. 13.The State will comply with the intergovernmental review requirements of Executive Order 12372. D.Constructi94 Contracted for by the State Shad Meet the Fgllowing Requirements: 1.Contracts for construction shall comply with the provisions of 43 CFR Part 12(Administrative and Audit Requirements and Cost Principles for Assistance Programs,Department of the Interior). 2.No grant or contract may be awarded by any grantee,subgrantee or contractor of any grantee or subgrantee to any party which has been debarred or suspended under Executive Order 12549.By signing the LWCF agreement,the State certifies that it will comply with debarment and suspepsion provisions appearing at Part III-J herein. E.Retention and Custodial Requirements for Records 1.Financial records,supporting documents,statistical records,and all other records pertinent to this grant shall be retained in accordance with 43 CFR Part 12 for a period of three years;except the records shall be retained beyond the three-year period if audit findings have not been resolved. 2.The retention period starts from the date of the final expenditure report for the project. 3.State and local governments are authorized to substitute copies in lieu of original records. 4.The Secretary of the Interior and the Comptroller General of the United States,or any of their duly authorized representatives,shall have access to any books,documents,papers,and records of the State and local governments and their subgrantees which are pertinent to a specific project for the purpose of making audit,examination,excerpts and transcripts. F.Project Termination 1.The Director may temporarily suspend Federal assistance under the project pending corrective action by the State or pending a decision to terminate the grant by the Service. 2.The State may unilaterally terminate the project at any time prior to the first payment on the project.After the initial payment,the project may be terminated,modified,or amended by the State only by mutual agreement. 3.The Director may terminate the project in whole,or in part,at any time before the date of completion,whenever it is determined that the grantee has failed to comply with the conditions of the grant.The Director will promptly notify the State in writing of the determination and the reasons for the termination,together with the effective date. Payments made to States or recoveries by the Service under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. H-98 4.The Director or State may terminate grants in whole,or in part at any time before the date of completion,when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds.The two parties shall agree upon the termination conditions,including the effective date and,in the case of partial termination,the portion to be terminated.The grantee shall not incur new obligations for the terminated portion after the effective date,and shall cancel as many outstanding obligations as possible.The NPS may allow full credit to the State for the Federal share of the noncancelable obligations,properly incurred by the grantee prior to termination. 5.Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the State and the Director or that all funds provided by the.National Park Service be returned. • G.Lobbying with Appropriated Funds The State must certify,for the award of grants exceeding S 100,000 in Federal assistance,that no Federally appropriated funds have been paid or will be paid,by or on behalf of the State,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in.connection with the awarding,extension,continuation, renewal,amendment,or modification of this grant.In compliance with Section 1352,title 31,U.S.Code,the State certifies,as follows: The undersigned certifies,to the best of his or her knowledge and beW that: (I)No Federal appropriated fluids have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant,the making of any Federal loan, the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment, or modification of any Federal contract,grant, loan,or cooperative agreement. (2)!luny funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents ffor all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this cert'icailon is a prerequisite for making or entering into this transaction imposed by Section 1352,title 31, U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. H.Provision of a Drug-Free Workplace In compliance with the Drug-Free Workplace Act of 1988(43 CFR Part 12,Subpart D),the State certifies,as follows: The grantee certifies that it will or continue to provide a drug-free workplace by: (a)Publishing a statement noting employees that the unlawful manufacture,distribution, dispensing,possession, or use of a controlled substance is prohibited in the grantee's workplace and spec fying the actions that will be taken against employees for violation of such prohibition; (b)Establishing an ongoing drug+free awareness program to inform employees about: (I)The dangers of drug abuse in the workplace; (2)The grantee's policy of maintaining a drug-free workplace; (3)Any available drug counseling rehabilitation,and employee assistance programs;and H-99 (4)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c)Making it a requirement that each employee to be engaged in the performance of a grant be given a copy of the statement required by paragraph(a); (d)Notifying the employee in the statement required by paragraph(a)that, as a condition of employment under the grant,the employee will: (1)Abide by the terms of the statement;and (2)Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e)Notifying the agency in writing,within ten calendar days after receiving notice under subparagraph(d)(2)from • an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working,unless the Federal agency has designated a central point for the receipt of such notices.Notice shall include the identification number(s)of each affected grant; (J)Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph(d)(2), with respect to any employee who is so convicted; (1)Taking appropriate personnel action against such an employee, up to and including termination,consistent with the requirements of the Rehabilitation Act of 1973,as amended;or (2)Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved far such purposes by a Federal,State,or local health, law enforcement, or other appropriate agency; (g)Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a),(b), (c), (d), (e)and(/). The State must include with its application for assistance a specification of the site(s)for the performance of work to be done in connection with the grant. I.Civil Rights Assurance The State certifies that, as a condition to receiving any Federal assistance from the Department of the Interior, it will comply with all Federal laws relating to nondiscrimination. These laws include,but are not limited to:(a)Title VI of the Civil Rights Act of 1964(42 U.S.C.2000d-1),which prohibits discrimination on the basis of race,color,or national origin;(b)Section 504 of the Rehabilitation Act of,1973,as amended(29 U.S.C. 794),which prohibits discrimination on the basis of handicap; (c)the Age Discrimination Act of 1975,as amended(42 U.S.0 6101 et. seq.), which prohibits discrimination on the basis of age;and applicable regulatory requirements to the end that no person in the United States shall,on the grounds of race,color,national origin,handicap or age,be excluded from participation in,be denied the benefits of or be otherwise subjected to discrimination under any program or activity conducted by the applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. THIS ASSURANCE shall apply to all aspects of they applicant`s operations including those parts that have not received or benefitedfrom Federalfinancial assistance. If any real property or structure thereon is provided or improved with the aid of Federalfinancial assistance extended to the Applicant by the Department, this assurance shall obligate the Applicant,or in the case of any transfer of such property; any transferee,for the period during which it retains ownership or possession of the property.In all other cases,this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by the Department. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants,loans. contracts,property,discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department,including installment payments after such dale on account of applications for Federal financial assistance which were approved before such date. The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance,and that the United State shall have the right to seek judicial enforcement of this assurance.This assurance Is binding on the Applicant,its successors,transferees, assignees,and subrecipients and the person whose signature appears on the grant agreement and who is authorized to sign on behalf of the Applicant H-1 00 3.Debarment and Suspension Certification Regarding Debarment,Suspension,and Other Responsibility Matters-Primary Covered Transactions (I)The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: (a)Are not presently debarred,suspended,proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b)Have not within a three-year period preceding this proposal been convicted of or hada civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal.State or local)transaction or contract under a public transaction,'violation of Federal or State antitrust statutes or commission or embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statement,or receiving stolen property; (c)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State or local)with commission of any of the offenses enumerated in paragraph(l)(b)of this certification;and (d)Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal,State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certrf iication,such prospective participant shall attach an explanation to this proposal. The State further agrees that it will include the clause"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions"appearing below in any agreement entered into with lower tier participants in the implementation of this grant.Department of interior Form 1954(DI-1954)may be used for this purpose. Certification Regarding Debarment,Suspension,Ineligibility,and Voluntary Exclusion-Lower Tier Covered Transactions (I)The prospective lower tier participant certifies,by submission of this application that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excludedfrom participation in this transaction by any Federal department or agency. (?) Where the prospective lower tier participant is unable to certffr to any of the statements in this certification, such prospective participant shall attach an explanation to this application K.Hold Harmless The Grantee shall indemnify the State of California and its officer,agents and employees against and hold the same free and harmless from any and all claims,demands,damages,losses,costs,and/or expenses of liability due to,or arising out of,either in whole or in part,whether directly or indirectly,the organization,Development,construction, operation,or maintenance of the Project. H-101