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HomeMy WebLinkAboutReso 1985-12064 RESOLUTION NO. 12064 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CALIFORNIA COASTAL CONSERVANCY AND THE CITY AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on March 21, 1985, the Coastal Conservancy approved the expenditure of $50,000 to fund the preparation of a resource management plan and a study design for the Sweetwater Marsh Complex; and, WHEREAS, the City has a recently approved Local Coastal Plan that specifically calls for said plan and study design as an advent to mitigation measures; and, WHEREAS, the total cost of said project has not been estimated at this time by the Coastal Conservancy, an additional amount not to exceed $50,000 will be set aside to fund costs over the original to $50,000. WHEREAS, sufficient funds in the amount of $50,000 are available from the Redevelopment Agency's FY 1984-85 budget and FY 1985-86 budget. WHEREAS, said funds and plans are outlined in an agreement incorporated hereto as if fully set forth herein. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve said agreement, authorizes the Mayor to execute same and other documents as deemed necessary to fulfill said agreement, and authorizes the expenditure of funds not to exceed $50,000 and in excess of the original amount of $50,000. Presented/i~,y, ~-~-~ Approved as to form Pa~T G. De~rochers '"~'~//~/tt~~2 ~7~- ' ,, TI)(~mas J. Haa~ro~i Community Development Director ~ty Attor~y~/ WPC 1609H ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IULA VISTA, CALIFORNIA, this_ 25th da]/ of.. June _ 85 , by the following vote, to--wit: 'ES: C0uncilmembers_ Cox, Malcolm, McCandliss, Scott, Moore ~YES: Counci] members None ISTAIN: Counci ]members None ISENT: C0unci ]members. None Nla)~ (~the City of Chula Vista ATE Of CALIFORNIA ) UNTY OF SAN DIEGO ) ss. 'Y OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTZ0N NO. 12064 ,and that the some has not been amended or repealed. FED. (seal) City Clerk -660 YARD 'AGREEMENT ^ PROV.o -v ~ ATTORNEY GENERAL [] CONTRACTOR REEMENT, made and entered into this 14th day of June ,19 85, [] te of California, by and between State of California, through its duly elected or appointed, [] nd acting [] ~utive Officer State Coastal Conservancy 4-067-85-009-A died the. State, and City of Chula Vista SETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State er expressed, does hereby agree to furnish to the State services and materials, as follows: SCOPE OF AGREEMEIIT Pursuant to its authority under Section 31257 of the Public Resources Code, the State Coastal Conservancy (hereafter called the "Conservancy") hereby grants to the City of Chula Vista (hereafter called the "Grantee") an amount not to exceed fifty thousand dollars ($50,000) in order to prepare resource enhancement plans for five disturbed upland and wetland sites within the Sweetwater Marsh upland/wetland complex in the Grantee's Bayfront area, and to prepare a biological study design for the entire Sweetwater Marsh complex falling within the Grantee's City limits (hereafter called the "Project"). The five enhancement sites and the study design area are described and delineated in the Conservancy Staff Recommendation which the Conservancy approved with amendments on March 21, 1985. The Staff Recommendation is attached hereto as Exhibit i with the amendments shown as Attachment A to Exhibit 1, and is ' ~ incorporated herein by this reference. The Grantee shall complete the p. roject in accordance with the Work Program to be approved by the Executive Officer of the Conservancy (hereinafter the "Executive Officer"). ilvisions on the reverse side hereof constitute af~agP&itlt~re~axetiLpase) ' ' ~ESS WHEREOF, this agreement has been executed by the ~arties hereto, upon the date first above written. ~ STATE OF CAUFORNIA CONTRACTOR State Coastal Conservancy ,~.rae~.,,,.r~g City of~ula Vista Executive Officer i Mayor of t ty of Chu]a Vista ~)N __ SHE~-'r$. EACH BEARiNG NAME OF CO~%i.i..ACTOR ^~/~SFourth Avenue, Chula Vista, CA 92010 tment of General Services $50~000.00 Local Assistance ~980 Parklands Use Only ~hance~nent Pro,ram 376-101-721 99 1981 81/82 Chula Vista Bayfront Enhancement I hereb9 certt/~l upon m9 o~m ~ersonal Imowledge that budgeted funda are T.e.A. NO. e.r, NO. evadable for the ~ and purpose of the e~endtture stated above. been complied with and this document is exempt/rom ~evtew b~ the Department o. f Ftnance. CITY OF CHULA VISTA · ~ GRANT NUMBER 84-067-85-009-A PAGE 2 WORK PROGRAM Prior to commencement of the project, the Grantee shall submit a detailed final Project Work Program, timeline, and budget to the Executive Officer for review and written approval of their consistency with the terms of this Agreement which approval shall not be unreasonably withheld. The Grantee shall carry out the Project in accordance with the approved Work Program. CONDITIONS PRECEDENT TO DISBURSEMENT OF FUNDS Prior to the disbursement of any funds under this Agreement, each of the following conditions must be met to the satisfaction of the Executive Officer: (1) A Resolution has been adopted by the Grantee authorizing execution and approving terms and conditions of this Agreement, including specifically all conditions contained in the attached "List of Assurances" (Exhibit 3). (2) The Grantee and the Executive Officer have agreed in writing: (a) to a Work Program for the Project, and (b) on the selection of all sub-contractors that the Grantee intends to employ to complete the Project or any separable component of it. {3) The City Council of the City of Chula Vista has adopted a resolution committing the City to assume responsibility for all costs up to $50,000 in excess of the $50,000 provided for under this Agreement for enhancement plan preparation and study design development. (4) The California Coastal Commission has determined that the Project is consistent with the Land Use Plan of the City of Chula Vista's certified Local Coastal Program. (5) The Grantee and the California Department of Fish and Game have entered into an agreement providing for the transfer of management responsibilities to the Bayfront Conservancy Trust for the 188-acre Sweetwater Marsh that the Department is to acquire pursuant to the Caltrans/Corps Sweetwater River/15/State Highway 54 mitigation agreement, and/or for the designation of the City of Chula Vista or its designees as the interim manager pending establishment of the Bayfront Conservancy Trust. CITY OF CHULA VISTA Y GPJkNT NUMBER 84-067-85-009-A PAGE 3 COST AND DISBURSEMENT 1. Disbursement made by the Conservancy to the Grantee under the terms of this Agreement shall be only for performance of those tasks specified in the approved Work Program. 2. No disbursements shall be made by the Conservancy to the Grantee for any work performed under this Agreement which has not been approved by the Executive Officer. Such approval shall not be unreasonably withheld and shall be based on substantial confomance of the work perfomed to approved Work Program. The Grantee shall have no obligation to pay the Subcontractor(s) until the Grantee receives payment from the Conservancy. 3. Upon satisfactory completion of the tasks described in the approved Work Program, the Conservancy agrees to disburse to the Grantee an amount not to exceed fifty thousand dollars ($50,000), according to a final budget to be approved by the Executive Officer. Disbursement shall upon completion of specific tasks and approval by the Executive Officer of the memoranda or work products required under each task. Disbursement shall be made upon submittal of an invoice which contains the name and address of the Grantee, the number of this Agreement, the .signature of an official authorized by the Grantee to sign such invoices', the date of submittal, the amount of the invoice, and an itemized description of all work for which disbursement is .requ. ired. Additionally, the invoice shall be accompanied by any invoices and any work documents from the Subcontractor(s). Disbursement for any work shall be made only for actual costs incurred in completing the given tasks, less ten percent (10%). The Grantee may request disbursement of all previous amounts withheld in its final invoice. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS The Grantee shall expend funds in the manner described in the Project budget approved by the Executive Officer. The allocation of the Conservancy's total grant among various items as shown, may vary by as much as ten percent (10%) without approval by the Executive Officer. Any difference in the allocation among budget items of over ten percent must be approved in writing by the Executive Officer. The Conservancy may withhold payment for changes in particular budget items which exceed the amount allocated in the approved budget by more than ten percent and which have not received the approval required above. The total amount of this grant may not be increased except by amendment to this Agreement, and any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items unless there is an amendment to this Agreement. CITY OF CHULA VISTA GRANT NUMBER 84-067-85-009-A PAGE 4 EFFECTIVE DATE This Agreement shall be deemed executed and effective upon signature by the Executive Officer and an authorized representative of the Grantee. Notwithstanding the above, this Agreement shall be null and void if a resolution adopted by the Board of Supervisors agreeing to accept the grant funds authorized herein, and to abide by the terms and conditions of this Agreement, is not received in the offices of the Conservancy within sixty (60) days of the effective date described herein. TERM OF AGREEMENT The term of this Agreement shall be from June 26, 1985 through December 20, 1985. During this term either party may terminate this Agreement for any reason by providing seven (7) days written notice to the other party. In the event of such termination, the Grantee shall take whatever measures are necessary to prevent further costs to the Conservancy under this Agreement. The Conservancy shall be responsible for any reasonable and noncancellable obligations incurred by the Grantee through the termination date, but only up to the balance of total funds obligated under this Agreement at the time.of termination. All materials produced as a result of this Agreement shall become the property of the Conservancy upon completion or termination of this Agreement. AUDITS/ACCOUNTS/RECORDS The Grantee shall maintain satisfactory financial accounts, documents, and records for the project and shall make them available to the Conservancy staff for auditing and inspection at reasonable times and intervals. Such accounts, documents, and records shall be retained by the Grantee for a period of three years following the date of final payment under the Agreement. ACTIONS AND APPROVALS All actions and approvals required to be taken by the Conservancy under this Agreement shall be taken by the Executive Officer or his designee. INCORPORATION OF EXHIBITS TO THIS AGREEMENT The attached "Nondiscrimination Clause" (Exhibit 2), "List of Assurances" {Exhibit 3), and "Indemnification and Standard Provisions" (Exhibit 4) describe additional rights and obligations of the City and the Conservancy. Each is an integral part of this Agreement, and each is incorporated herein by this reference. CITY OF CHULA VISTA GRANT NUMBER 84-067-85-009-A PAGE 5 RESOLUTION The signature of the Executive Officer on the first page of this Agreement certifies that at its March 21, 1985 meeting, the Conservancy authorized expenditure of funds not to exceed fifty thousand dollars ($50,000) for the preparation of enhancement plans for five disturbed upland and wetland sites within the Sweetwater Marsh upland/wetland complex in the City's Bayfront area and to prepare a biological study design for the entire Sweetwater Marsh complex falling within the Grantee's City limits. The Staff Recommendation attached as Exhibit 1 was approved with the amendments shown in Attachment A of Exhibit 1. AVAILABILITY TO TESTIFY During the term of this Agreement, and for a reasonable period of time thereafter, a designated employee of the Grantee shall be available to testify, upon reasonable notice, and not more than two times, before the Conservancy concerning the progress of its work under this Agreement. The Grantee shall require that its Subcontractor(s) be similarly available to testify. This Agreement is deemed to be entered into in the County of Alameda. WPC 161 OH STATE COASTAL CONSERVANCY Staff Recomendation March 21, 1985 CHULA VISTA BAYFRONT ENHANCEMENT PLANS AND STUDY DESIGN File No.: 85-009 REQUESTED ACTION: Authorization to disburse up to $50,000 as a local assistance grant to the City of Chula Vista for preparation of enhancement plans for four upland and wetland sites and design of a baseline 'biological study. SHORT DESCRIPTION: The City of Chula Vista's certified Local Coastal Program identifies nearly 300 acres of the Sweetwater Marsh upland/wetland complex and the adjacent landfill in the City's Bayfront area as needing enhancement and restoration. Approximately 225 of these acres will be enhanced or restored by the Army Corps of Engineers, the Department of Fish and Game and the City of Chula Vista under existing mitigation agreements as compensation for /mpacts from nearby flood control and road improvement projects. The City would use the $50,000 grant recommended herein, and would itself contribute up to $50,000 to cover all costs beyond the initial $50,000, to prepare detailed conceptual enhancement plans for four wetland and upland sites totalingS35 acres that are not included in a m/tigation agreement, and to design a baseline biological study for the entire Sweetwater Marsh upland/wetland oomplex including the adjacent landfill. The areas for which the City would prepare enhancement and restoration plans are known as ~ F-G Street Marsh (+ ]5 acres), Freshwater Marsh (+ 1 acre), D Street Fi~l (+ l0 acres), and the Gunpowder Point u~lande -- (~ 9.6 acres). LOCATION: The four project sites are located around the periphery of the Sweetwater Marsh upland/wetland complex, in the Eayfront area of the City of Chula Vista, on the east shore of San Diego Bay, San Diego Coast District (see Exhibit A~ Regional Setting and Exhibit B: Site Locations). The baseline biological study design would encompass all of the Sweetweter Marsh complex that falls within the jurisdiction of the City of Chula Vista (see Exhibit E: Site Locations). PROJECT CATEGORY: Coastal Resource Enhancement -195- COST ESTIMATE: $50,000 (to be supplemented as needed by up to $50,000 by the City of Chula Vista) Source of Conservancy funds: 1980 Parklands Act STAFF RECOMMENDATION: Staff recommends that the Conservancy adopt the following resolution pursuant to Sections 31251 et seq. of the Public Resources Code: "The State Coastal Conservancy hereby authorizes the disbursement of an amount not to exceed fifty thousand dollars ($50,000) to the City of Chula Vista for: (a) preparation of detailed enhancement plans for each of the following Chula Vista Bayfront sites: F-G Street Marsh, Freshwater Marsh, Gunpowder Point uplands, and D Street Fill, and (b) design of a baseline biological study for the entire Sweetwater Marsh upland/wetland complex, subject to the following conditions: (a) The City shall consult with Conservancy staff on the selection of any subcontractors, which shall be subject to the review and approval of the Executive Officer. (b) Prior to the disbursement of funds under the above authorization, the City Council of the City of Chula Vista shall adopt a resolution comm4tting the City to assume responsibility for all costs in excess of $50,000 for enhancement plan preparation and study design development. (c) No local assistance funds from the 1980 ~ Parklands Act shall be ~isbursed under the above authorization until the California Coastal Commission determined that the THE CHULA VISTA BAYFRONT ENHANCEMENT PLANS AND STUDY DESIGN project is consistent with Land Use Plan of the City of Chula Vista's certified Local Coastal Program. (d) Prior to the disbursement of funds under the above authorization, the City shall submit for the review and approval of the Executive Officer a final budget and work program deta$1ing the specific tasks to be accomplished. (e) Prior to the disbursement of any funds under the above authorization, the Department of Fish and Game and the City shall enter into an agreement providing for the transfer of management responsibilities to the Bayfront Conservancy Trust for the 188-acre Sweetwater Marsh that the Department is to acqu/re pursuant to the Caltrans/Corps Sweetwater River/IS/State Highway 54 mitigation agreement, and /or for the designation of the City of Chula Vista or its designees as the interim manager pending establishment of the Bayfront Conservancy Trust. Management of the 188-acre Sweetwater Marsh shall be consistent with the Sayfront Specific Plan and with Department policies and regulations." Staff also recommends that the Conservancy make the following findings based on the staff report which follows: "(1) The proposed project is consistent with the purposes and criteria of Chapter 6 of the Conservancy's enabling legislation (Public Resources Code Sections 3'251-31270). (2) The proposed project has high priority based on the Conservancy,s guidelines and criteria for evaluating resource enhancement projects. (3) The project ia identified in the City's certified Local Coastal Program as requiring public action to resolve existing or potential resource protection problems.' STAFF SUMMARy= Staff is recommending that the Conservancy disburse an amount not to exceed $50,000 to the City of Chula Vista to fund the preparation of detailed enhancement plans for four separate degraded and altered upland and wetland sites, totaling about 35 acres, within the Sweetwater Marsh upland/wetland complex, as provided for in the Chula Vista Bayfrmnt Specific Plan (the implementation phase of the Chula Vista Bayfront Local ~ Coastal Program). The enhancement and restoration plans would incorporate the criteria and objectives established in the Bayfront Specific Plan (see Exhibit C: Criteria and Objectives). This authorization would also fund the design of a baseline biological study that would quantify existing natural resources in the Sweetwater Marsh complex and identify ecosystem changes occurring due to enhancement and restoration, management, develo~ent, and other factors. The Sweetwater Marsh u~land/wetland Complex has been identified by the Department of Fish and Game as one of nineteen priority wetlands needing protection and enhancement. The Sweetwater Marsh complex encompasses close to two-thirds of the approximately 360 acres that are the tiny remnant of once vast San Diego Bay marshes. The marsh complex is known to support four endangered species: the Light-Footed Clapper Rail, the Least Tern, Belding's Savannah Sparrow, and Frankenia almeri. It is expected that implementation of the enhancement plans would yield + l0 acres of enhanced salt marsh (F-G Street Marsh)~ + 1 acre of enhanced seasonal wetland (Freshwater Mar~h), + 2.5 acres of new brackish marsh (F-G Street Marsh), ~2.5 acres of restored salt marsh (F-G Street Marsh, +--10 acres of enhanced upland (D Street Fill}, and +--10 acres of restored upland (G~npowder Point uplands). (The enhancement and restoration objectives for each of the four project sites are described below u~der STAFF DISCUSSION: Site History and Description.) In its application to the Conservancy for assistance in enhancement planning and development of a baseline biological study design, and as provided in the Bayfront Specific Plan, the City of Chula Vista has also requested that the Conservancy (1) assume the lead in coordinating the enhancement planning for the four sites described herein with enhancement planning being undertaken by other agencies in adjacent areas of the Sweetwater Marsh complex (described below under SATFF DISCUSSION: Project History), and (2) provide technical assistance in setting up the Bayfront Conservancy Trust, a non-profit organization intended to implement the habitat preservation and enhancement objectives provided for in the Bayfront Specific Plan. STAFF DISCUSSION: The project sites are located on the periphery of the Site History: Sweetwater Marsh Upland/wetland complex, in the Bayfront and Description: area of the City of Chula Vista, on the east shore of San Diego Bay. The project sites are owned in fee by the Santa Fe Land Improvement Company, which has agreed with the City to dedicate the'sites to the Bayfront Conservancy Trust as part of a development agreement. Small portions of the F-G Street Marsh and the D Street Fill site are in the overlapping jurisdiction of the San Diego Unified Port District. The following are more detailed descriptions of the locations and physical characteristics of each of the four project sites, along with a summary of proposed enhancement and restoration actions for each, as provided in the Environmental Management section of the Bayfront Specific Plan. (1) F-G Street Marsh The F-G Street Marsh is isolated at the southern extremity of the Sweetwater Marsh complex. It is bounded on the south by industrial development, on the west by Tidelands Ave., on the nort~h by F Street, and on the east by agricultural fields (proposed for redevelopment as a business park.) The F-G Street Marsh is primarily salt marsh, with limited tidal influence via a culvert under Tidelands Ave. and seasonal freshwater inflow via a culvert under F Street from the small, seasonal Freshwater Marsh. Light-Footed Clapper Rails are known to inhabit the marsh. The marsh has been degraded by restriction of tidal flushing; filling, especially on the north end; isolation from ~he rest of the marsh complex; littering; and inflow of surface runoff from the adjacent industrial area. The enhancement and restoration actions provided in the Bayfront Specific Plan for the F-G Street Marsh include: -relocation of Tidelands Ave. approximately 100 feet to the west; -redesign and replacement of the culvert under Tidelands Ave.; -removal of debris; -removal of ~ 2.5 acres of fill at the northwest and northeast ends of the marsh; -importation of freshwater from an existing industrial freshwater supplier located at the foot of F Street; -redesign and replacement of the culvert under F Street; -creation of a freshwater or brackish marsh adjacent to F Street using seasonal freshwater collected in the proposed detention pond to be located north of F Street on the site of the existing Freshwater Marsh; ~revegetation; and -placement of s ~ 100-foot buffer, including trails end fencing, around the marsh. (2) Freshwater Marsh The ~ 1-acre Freshwater Marsh is located adjacent to F Street end was once a part of the F-G Street Marsh. It ia bounded on the south by F Street and on the west, north and east by agricultural fields. The marsh, which is well-used by birds, is fed by runoff from the surrounding agricultural fields and by rains. There is an existing outlet under F street. The Bayfront Specific Plan provides for the site of Freshwater Marsh to be used as a detention basin/sediment trap for runoff from the surrounding 50-100 acres of proposed public open space, residential and office park development. -199- The enhancement and restoration actions provided for in the Specific Plan for Freshwater Marsh include= -restoration with freshwater runoff collected' in the vicinity; -excavation to depths greater than four feet; -revegetation; and -redesign and replacement of the culvert under F Street. (3) Gunpowder Point Upland~ The Gunpowder Point uplands are located southwest of the mouth of the Sweetwater River (to be relocated by the Corps) and are bounded by the mudflats of the San Diego Bay on the west, E Street Marsh and Vener Pond on the east and southeast, and Sweetwater Marsh on the north. The uplands comprise + 40 acres, on which the Specific Plan provides for 14 acres of hotel development, + 8 acres of public open space, 8 acres of wetland h~fer, and 9.6 acres of upland revegetation. The uplands provide a retreat for wetland species as well as habitat for exclusively upland species. The endangered species Frankenia almeri grows on the u~lands and the endangered Belding's Savannah Sparrow and the Light-Footed Clapper Rail are known to use the uplands. The enhancement plan will concern only the 9.6 acres in the northeast corner of the uplands slated for upland revegetation. The 9.6 acres contain several structures and debris remaining from a defunct acetone manufacturing plant. The enhancement and restoration actions provided in the Specific Plan for the 9.6 acres of Gunpowder Point uplands include: -removal of dwellings, masonry structures, and -regrading of d/sturbed 'land areas to natural conditions; -removal of invasive and non-native plants; -revegetation with a Maritime Sage Scrub community using hydromulching and selected planting of -efforts to protect and increase the ~opulation of Frankenia almeri. (4) D Street Fill The +___100-acre D Street Fill is located along the north side of the Sweetwater Marsh complex. It is bounded on the south by the mouth of the Sweetwater River and -200- associated wetlands, on the west by mudflats and the San Diego Bay, on the north by mudflats and a dredged channel (future location of Sweetwater River outfall), &nd on the east by ~nterstate 5. The D Street Fill was formed by diking wetlands and filling the diked area with layers of sandy dredge spoils. The landfill ks now essentially flat with & top elevation of about +10 MSL. Least Terns, an endangered species, nest on e large portion of the landfill. The area is also ~sed by off-road vehicles. The southwest tip of the D Street Fill is planned for a least tern sanctuary. The Bayfront Specific Plan provides for the City to enhance and preserve 10 acres of the sanctuary. These 10 acres would be the only portion of the D Street Fill for which an enhancement plan would be prepared. The Bayfront Specific Plan provides that the 10 acres will be surrounded by the Sweetwater Marsh on the south, 14.5 acres of upland preserve in the juris~iction of the Port District on the west, and newly-created low salt marsh with residential develo~nent beyond on the north and east. The enhancement and restoration actions provided in the Fi11Bayfr°ntincludesSpecific Plan for the 10 acres of the D Street -contouring to assure a gentle slope for drainage, -covering with appropriate mixture of light-colored sand and crushed shells, and -removing vegetation thata would serve as cover or perches for predators. Project History~ San Diego Bay's once vast salt marshes have been reduced from some 2450 acres to the present ~ay 360 acres. Nearly two-thirds of the remaining salt marsh acreage is located in the Sweetwater Marsh u~land/wetland complex on the City of Chula ~ista~s Bayfront. The City of Chula Vista~s Ba~front Land Use Plan was approved by the Cuesta1 Commission in March 1984. The Bayfront LUP had previously, in somewhat different forms, been rejected twice by the Comm/ssion, primarily on the grounds of non-compliance with Coastal Act provisions for protection of natural resources. The Bayfront Specific Plan (the implementation phase of the LCP) was approved in January ~985. The Bayfront LUP sets aside some 310 acres of uplands and wetlands, out of a total of 790 acres in the plan area as public open space. Under the terms of an April 1983 Coastal Com~sion consistency determination on the joint Army Corps of Engineers/Caltrans/County -201- Sweetwater River flood control and Interstate 5-State Highway 54 road improvement project, 213 acres of the Sweetwater Marsh wetland and wetland/upland ecotone in the plan area will be preserved, with restoration of degraded areas, and another 10.6 acres of adjacent landfill in the plan area will be set aside, with 9.6 acres to be converted to low salt marsh. Ail 223.6 acres in the mitigation/preservation area are currently owned by Santa Fe Land Improvement Co. Santa Fe has agreed to transfer title to the land, with title to 25 acres vesting in Caltrans and title to 188 acres ultimately vesting in the Department of Fish and Game. The ultimate OWnership of the remaining 10.6 acres on the landfill has yet to be settled. The four project sites for which staff is recommending that the Conservancy fund preparation of enhancement plans are located adjacent to the 223.6 totaling ~ 35 acres and comprising degraded and filled wetlands and degraded uplands, are also owned by Santa Fe. The City has iniformed staff that it has reached an agreement with Santa Fe to dedicate the land to the City or its designee as part of a development agreement. (The Bayfront LUP provides for development of ~ 215 acres currently owned by Santa Fe. The physical characteristics and enhancement potential of each of the four project sites are described above under STAFF DISCUSSION: Site Description and History. The entire Chula Vista Bayfront has been under the scrutiny of biologists, engineers, and planners for nearly a decade. The data and analyses that they have generated, together with the enhancement criteria and guidelines established in the Bayfront Specific Plan, will provide a foundation for enhancement plan preparation and will reduce the cost of enhancement planning. Conservancy staff will ass~e the lead in coordinating ~ enhancement planning for all,of the natural resource areas in the Sweetwater Marsh upland/wetland complex--including the 223.6-acre mitigation/preservation area, as well as the four project sites. Such coordination will promote coherent and effective enhancement planning for the entire Sweetwater Marsh complex and will help maximize the resource value of this /mportant remnant of San Diego Bay wetlands. As a means to ensure stewardship of the Sweetwater Marsh complex over the long term, Conservancy staff will assist the City in organizing the Bayfront Conservancy Trust. The Bayfront Conservancy Trust will, is -202- designated in the Bayfront Specific Plan to receive and hold dedications of land in the Bayfront'area~ engage in enhancement, restoration and preservation of the Sweetwater Marsh com~lex~ and increase public knowledge of, and support for, natural resource conservation. The Executive Officer or his designee will sit on the Trust's Board of Directors, and Conservancy funding support to the Trust for enhancement projects ini the area may be recommended in the future. In order to provide a framework for the long-term protection of the Sweetwater Marsh complex, staff is also recomending that the Conservancy fund the design of & baseline biological study. The study itself would be undertaken by the Bayfront Conservancy Trust. Such a biological study would establish a baseline of current marsh complex conditions end then track ecosystem changes es enhancement, restoration, and management plans are implemented and as the surroundings are modified by flood control measures, road improvements, end development. The data and analyses provided by the study would perm/t the Bayfront Conservancy Trust to adjust its marsh complex management approach to ensure ecosystem protection. The study results would also make an ~m.~ortant contribution to the developing technique of wetland enhancement end would assist Conservancy. staff in planning future enhancement projects end preserving the State's dwindling wetlands. Project Description: The enhancement and restoration plans would entail preparation of the following work products: & descriptive report and four detailed conceptual enhancement plans, one each for the F-G Street Marsh, Freshwater Marsh, Gunpowder Point uplands, end D Street Fill. The baseline biological study design would be prepared in the form of a separate report. The tasks to be carrie~ out by the City or its subcontractor in developing the reports end plans would ~ include, but need not be l~m~ted to, the following: (1) Before undertaking additional tasks, establish to the satisfaction of the City, the Conservancy and the landowner the precise location and dimensions of each of the four project sites and resolve any issues regarding overlapping agency responsibilities for acquisition, preservation, enhancement and management of the four project sites.' (2) Inventory and review all available relevant data and literature on the four project sites. -203- (3) Identify needs for additional technical data, such as topographic maps or soil surveys. (4) Analyze existing site and context conditions. (5) Review Bayfront Specific Plan objectives and criteria for site enhancement and restoration. (6) Consult with the U.S. Fish and Wildlife Service, Department of Fish and Game, Caltrans, the Army Corps of Engineers, the Port District, the City, the Conservancy, and other interested parties to (a) coordinate enhancement planning for the four project sites with the planning for adjacent areas, so that the design of habitats, access, ~rainage, planting, and so forth will be compatible and complementary, and (b) design a baseline biological data study for the entire Sweetwater Marsh upland/wetland complex. (7) Pre,are and distribute a report detailing the design of a baseline biological data study for the Sweetwater Marsh complex. The report shall include a discussion of the design's structure and objectives, as well as documentation of the design itself. The design shall be adequate to identi~y the ecosystem's physical and biological characteristics, including landforms, energy and population sizes, and to chart changes iin these characteristics. The report should also include cost estimates, personnel requirements, and sampling techniques. (8} Consult regularly with the U.S. Fish and Wildlife Service, the Department of Fish and Game, the City, and the Conservancy on appropriate measures for enhancement and restoration of project eites. (9) Synthesize the Bayfront Specific Plan objectives and criteria, the advice of the U.S. Fish and Wildlife Service, the Department of Fish and Game, the City, and the Conservancy and the exigencies of existing and proposed project site conditions end context, and applicable local, state, and federal laws and regulations to develop enhancement and restoration plans for the four project sites. Each plan shall include detailed demolition and clean-up plans; grading and drainage plans with existing and proposed landforms, elevations, and habitat types; cut and fill calculations with proposed fill sources and disposal sites identified; planting and soil -204- preparation plans~ circulation plans showing access locations and design~ ~intenancs and monitoring plans~ analysis of the viability of the proposed enhancement and rsstoration~ recommendations for relevant changes in the LCP~ implementation sequence and timeline~ detailed implementation cost estimates~ end per,/ts and approvals required for plan implementation. (10) Identify enhancement and restoration projects in the Sweetwater Marsh complex that are appropriate for Conservancy funding. (11) Prepare a draft report describing the tasks performed and the four enhancement plans. Distribute the ~raft report along with draft enhancement and restoration plans to the U.S. Fish and Wildlife Service, the Department of Fish and Game, the City, Caltrans, the Army Corps of Engineers, the Port District, the Conservancy, and all other interested parties for review and co~ento Conservancy, synthesize draft report and plans with comments~ prepare and ~istribute final report with final plans and appendix of coments received on draft report and plans. These work products would prepare the City or another agency to undertake enhancement of ~he four project sites. The Bayfront S~ecific Plan provides for plan Smplementation and site management, maintenance, and monitoring by the Bayfront Conservancy Trust. As noted above ~he Conservancy will have a representative on the Trust's Board of Directors~ staff may in the future recommend ~hat the Conservancy contribute funding support to the Trust for enhancement projects in the ~ .. CONSERVANCY PARTICIPATION= Conservancy staff is assuming the lead role in coor~inating the enhancement planning for the entire Sweetwater Marsh u~land/wetland complex. Staff is recommending that the Conservancy fund the preparation of enhancement plans for four degraded and altered upland and wetland sites in the marsh complex and the develolx~ent of a baseline biological study of the marsh complex. PROJECT FINANCING: The recomended authorization would fund a local assistance grant of up to $50,000 to the C~ty of Chula Vista for enhancement planning and study design. The grant would be supplemented as needed by ~ to $50,000 -205- by the City. The source of the Conservancy funds would be the 1980 Parklands Act. The approximate budget would be as follows= $45,000 Preparation of enhancement plans $15,000 F-G Street Marsh $ 5,000 Freshwater Marsh $12,500 Gunpowder Point Uplands $12,500 D Street Fill $ 5,000 Develo~ent of biological study design $50,000 TOTAL A detailed budget--including the use of specific Conservancy and City funding contributions--would be determined by the Executive Officer on the basis of proposals submitted by the City end/or prospective subcontractors to carry out the project tasks described above. No reimbursement of Conservancy costs will be required because the project does not include a revenue-generating component. LOCAL SUPPORT: The funding recommended herein was originally requested by the City of Chula Vista. The City, es provided in its Bayfront Specific Plan, has also requested that Conservancy staff assist in creating the Bayfront Conservancy Trust and take the lead in coordinating preparation of enhancement plans for the entire Sweetwater Marsh complex. CONSISTENCY WITH The Conservancy is authorized under Chapter 6 of its CONSERVANCY ACT: legisletion (Public Resources Code Section 31251 et ~ ~eq.) to award grants for the purpose of enhancement of coastal wetland resources which have suffered loss of natural end scenic values because of indiscriminate dredging or filling, ~mproper location of improvements, or incompatible land uses. The wetland resources on the project sites have suffered a loss of natural and scenic values and are in need of enhancement for the following reasons: -The F-G Street Marsh has been degraded by filling, " restriction of tidal action, littering end dumping, inflow of surface runoff frem adjacent industrial areas, and isolation from previously related marshes. -206- -Freshwater Marsh has been degraded by inflow of surface runoff from adjacent agricultural fields and isolation from tidal action and from previoUSly releted marshes. -The Gunpowder Point uplands have been degraded by industrial development, grading, and invasion by non-native vegetation. -The D Street Fill provides a manmade substrate that i~ spppropriate for Least Tern nesting. The nesting area has been degraded by off-road vehicle use and by differential settling that prevents proper drainage. Consistent with Section 31252 of the Public Resources Code, the project is identified in the City's ~ertified Local Coastal Program as requiring public action to resolve existing or potential resource protection probvlems. As described above under STAFF DISCUSSION: Site History and Description, the four project sites have been degraded and altered and require enhancement and restoration including removal of debris and invasive plant species, grading, fuaprovement of tidal action, and revegetation. The enhancement and protection measures that the Sayfront Specific Plan specifies for the Sweetwater Marsh complex are shown on plan Map 6: Environmental Management (see Exhibit D) end are described, along with suggested funding agencies, in the plan's criteria and objectives (See Exhibit C: Criteria and Objectives). CONSISTENCY WITH This project is consistent with Conservancy guidelines CONSERVANCY resource enhancement for the following reasons: GUIDELINES: (1) Si~nificence= The four project sites are part of the Sweetwater Marsh upland/wetland complex that has been identified by DFG as including one of nineteen wetlands meriting statewide priority for~ protection and enhancement. At least 4 endangered species use the area. The Light-Footed Clapper Rail inhabits the F-G Street Marsh and has been seen on the Gunpowder Point uplands, the D Street Fill is a Least Tern nesting area, Belding's Savannah Sparrow uses the uplands and Frankenia ~almeri grows there as well. Some 88% of San Diego Bay wetlands have been filled or drained. This project would yield + 10 acres of enhanced salt marsh, ~ 1 acre of enhanced seasonal wetland, ~ 2.5 acres of new brackish marsh, and + 2.5 acres of restored salt marsh. -- -207- (2) Model: This project would serve as a model in several ways: (a) for future resource enhancement planning in close proximity to development and in conjunction with flood control facilities; (b) for coordination among many agencies to achieve resource enhancement objectives; and (c~ for design of a thorough investigation of an upland/wetland ecosystem and of its adaptation under changing conditions. (3) Cooperation and Support: The City of Chula Vista, U.S. Fish and Wildlife Service, the Depar~ent of Fish and Game, Caltrans, the Army Corps of Engineers, and the Port District would be consulted in the enhancement planning and study design process. The City has requested that the Conservancy fund the projects recommended herein. (4) Management: The Bayfront Specific Plan provides for management and maintenance of the four project sites by the Bayfront Conservancy Trust, which the Conservancy will help organiz~ and direct. (5) Readiness to Act: The City of Chula Vista is committed to completing the plan preparation and study within four months of signing an agreement with the Conservancy. (6) Comprehensiveness: The enhancement planning would be done in consultation with agencies planning enhancement of the rest of the Sweetwater Marsh complex to en~ure that the various plans are compatible and complementary. CONSISTENCY WITH The project is consistent with Section 30231 of the COASTAL ACT: Act of 7976, which provides ~hat the biological productivity and quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum ~opulations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored. COMPLIANCE WITH CEQA: The project does not requ/re preparation of an EIR or negative declaration because it involves planning studies for future actions (California Administrative Code Section 15262). Any necessary CEQA documentation will be provided at such t/me as completed enhancement plans are brought to the Conservancy for approval. -2OB- Exhibit A i~nal getting SAN DIEGO IMPERIAL BEACH UNITED STATES :lure 1. REGIONAL LOCATION MExico -209- Exhibit C: Criteria and Objectives (from the Chula Vista Bayfront Specific Plan) £. Section 19.88.$9 Pg. 52 #tldlt fe Habitat Restoration and Enhancement Replace enttre sectton wtth the following: The staff of the State ~oastal Conse~vanc has y , Y ag eed to the City of Chula tstm s ~quest ~at the ~nservmncy assume the lead ~le of p~partng and , coo~inmtt~ preparation of .the detailed wildlife hmbi~t ~storation and enhanc~nt plan for ~e ~yf~nt. The plan shall, consistent with all mppltcmble provisions of the Land Use Plan mhd Specific Plan, contain but not be limited to ~e following c~ponents and t~o~orate the following criteria,~ s~ndmrds, mhd objectives. 1. CH~rla Restoration (t.e., mestablis~nt) and enha~emnt (i.e., increase tn density or diversity) ~f coastal habitats .ass~tmted with the Chula Vts~ ~ayfront Sp~fftc Plan involve the intentional planting of habitat specific native plants In ~etr appropriate ecological settings. Passive ~cove~ ts I minor aspect of the proposed ~storatton. The ob3~ttve of ~s~ratton Ind enhanc~nt :for ~e several ~nvolved tn the Ba~front Specific Plan Is to ~pla~e no.native ye eta t ~t~ ~attve plants or substrata ass~tattons ~4.~ ._ _. __ . g t ~n ~SUIZ, ~ ~duct(ofl Of e---' ..... ' - -~,,~.~, animals. AS ~).~. tho ~nc~ased bto~ogtca~ p~ducttvttx be achieved. PreHmfna~ sf~- and species-specific aspects of ~he B~f~nt habt~at ~storatton and enhanc~nt plan am dfscussed below. 2. Cons[al h~[ ~e ~storat~on of Coastal Salt ~rsh babY.ts wtll ~nvolve (~) the ms~rat~on of ~dal actton ~ p~sentlX ~n-ttdal ames; (2) the production oF transplantabl~s~zed plant propagules etther ,by 'nurse~ g~wtng, or trans]~atton; (3) plantf~ ~ various .p~ants species appropriate densities and elevations; (4) ~,~tor~ng of the of ~uccess of ~-s~dtng ef~o~s, sto]~p ~dva~e or s~m-~ottng; and ~ptac~nt or ~nvest~gatfon and ~Mo~at 'actfon ~o achteve ~cove~ of p~blem st~s. ~e plants to be tncluded ~n ~ts ~storatton wi1] be Sa]fcornfa v~tfltca, S. subtem~flalts, S. b~gelovH, Spa~na fol~osa, Suaeda ashram. D~st~chl~s ~*ca~, ~nanthochl~ 1ttto~alts, Trig3ochin mrlt*ma. Ja~a camosa, L~mnS~ caHfomtcum and Bat~s mrlt~ma. Coasta~ Salt Namh restoration st~s on t~ Baxfront am: a. ~e eas~ sSde of Verier Pond (bx ~e ~s of Engineers); b. ~e sou~stde of ~e 'E' Steer ~rsh (bx ~e Co~s of Engineers); -211- c. the west and east sides of the 'F-G" Street Marsh (by th, Bayfront Conservancy Trust/ State Coastal Conservancy); d. the 9.6-acre Channel east of the least tern sanctuary_ on the Street Fill (by CalTrans); and, e. levee removal as part of Tidelands Avenue extension ( by CalTrans and the City of Chula Vista). The excavated channel at the least tern island sanctuar~ shall conform to Section H, page III-30 of the certified Bayfront Land Use Plan and shall be designed to utlltze ttdal flushing to maintain channel depth. to minimize maintenance requirements, and to provide an adequate barrier against access to the island by humans, dogs, and cats. 3. Freshwater Marsh Habitat The restoration of Freshwater Marsh is to be accomplished with freshwater runoff collected sites in the vicinity of the F & G Marsh. The plants involved with creation of this habitat include Scirpus acutus, S. olneyt, Juncus ecutus. J. balttcus, Typha domlnguensts, T. I art fo1 ia and E1 eochart s marcostachya. Ope~ water habitat ts an important aspect of Freshwater Marsh development, especially tf water fowl use ts to be encouraged. Some excavating for open water deeper than 4 feet will be useful to avoid TyphF inundation. Use of the siltation basin will require periodic maintenance of this habitat to remove accumulated sediments. Freshwater Marsh restoration on the Bayfront vrlll occur: a. on the north stde of 'F" Street, Including. at the siltation basin site (by the Bayfront Conservancy Trust), end, b. on the south side of the "F-G" Street Marsh (by the Bay~ont Conservancy Trust. ) 4. Upland Habttat (a) Maritime Sage Scrub: &unpowder Point/Verier Farms: The upland habitat is associated with Maritime Sage Scrub, a come, unity Including Artemtsta ~altfornica, Ertogonum fasciculatum, Xsocoma veneta, Encelta caltforntca, Mtmulus punlceus, Oudleya adults, Frankenta. palmer1 and Lyctum callfornlcum. Restoration of this community will require remeval of upland debrts at various locations on ~unpowder Point and the malnland agricultural ftelds. Most of this debris is agriculture-associated and some re-contouring of the land will be required. Re-seeding, ustng Itydro-mulches, ts the most effective means of establishing the bastc foundation plants. -212- Selected planting o.f liner- or contatner-g?wn plants will be the chief means of creating nabttat diversity within the main vegetation · foundation. Timing of the planting is important to ensure that no long season irrigation is needed and that ambient rainfall's well utilized. (b) Least Tern Nesting Island: "D" Street Fill: On the proposed Caltforota least tern nesting island, the development of a vegetative cover is Incompatible with the goal of tern nesting. Rather than covering by shrubs, the site will be contoured to assure a gentle runoff slope, with covering of the standard light colored sand and Crushed shell mixture associated with tern nesting sites. No fences shall be constructed on the least tern island sanctuany, to minimize predation and all resthratton or enhancement work shall be performed during months when the least terns are absent from the site. $. Tidal Flow/~gmentatton The natural flow of tidal waters into the F & G Marsh and Verier Pond ~ has been retarded by the placement of road crossings. (al. F & G Marsh-Tidelands Avenue crossing: · The realignment of Tidelands Avenue in this area would allow excavation and replacement with a la~jer culvert that would permit greater *flow of tidal water into and out of the marsh. Utilization of a 3-foot diameter pipe is expected to retard flows by only one-half hour. Carefully placed protection of the pipe ends may be necessary to prevent erosion.- (b) Tidelands Avenue northerly extension over th~ (former) Sweetwater River channel: The partial removal of existing ratlroad levees et this site, and thelr Corps of Engineers has agreed to provide facilities to transfer adequate replacemont as roadway foundation by ptltngso may increase tidal flows. The ?nou.nts. of. freshwater from the Soeetwater Flood Control Channel to, the aweetwacer ~rsh down the fomer Sweetweter River Channel. (c) Gunpowder Point - South C~useway: i The small corrugated pipe culvert through the south dike that connects Verier Pond with v..a. ~.c. ~.___., ....... --_, ..... -. ,.;.~.. t ~ o~ree;I ~rsn Shall De removed and rep;ace- wlzn a water contro) structure that will facilitate the management of *water tn Vener Pond. ii*Detailed engineering is being completed by the City of Chula Vista for this principal access to Gunpowder Point on the existing levee road. Less than one acre of fill is permitted for the roadway, but excavation below lower tidal ltmtts may be required for placement of a property-sized water control structure to provide tidal flow into Verier Pond end assure salinity levels comparable to San Diego B~y waters provided such restoration is determined in consultation with the Department of Fish and Game to be the preferred -213- alternative. All construction of the roadway and excavation for the water control structure should be performed from the existing causeway with construction materials to be stored in the Mtdbayfront. Detailed engtneerir studies should be pe~formed to determine the required diameter and exact depk of location of the new water control structure. Both sides of the levee should be screened with landscaping to ~educe disturbance to mar$1~ and water birds. id) ~unpowder Point - North Emergency Access Causeway.. Detailed engineering studies by the Corps of Engineers shall be performed to determine the appropriate size end elevation of the existing levee and new culvert. All construction of this emergency roadway should be performed from the existing causeway end construction materials should be stored in the Mtdbayfront. 6. Fencing and Berming 'To maintain the existing and restored integrity Of natural -areas in the Bayfront, fences smd betas are required by the Bayfront Specific Plan and certified Land Use Plan, as follows: a. the 188-acre Sweetwater Narsh mitigation site for the Sweetwater Channel/Route 54 project shall be fenced and bermed as provided by Section "I" of the LUP .(st IIZ-32, 'Hidden fence at Gunpowder Point'); S tton _ .sh.:hall be fenced and b, ed ,s'---:.'--- c. the lO0-footwtde wetland/habitat area buffers shall be fenceo end harmed by the City of Chula Vista and Corps of Engineers as prOvided by Section 'l" ("Hidden J__ _.Fence.at Gunpow.der?otnt', LUP at 1II-32) so as to limit ell human smd emes~c pet access to ~eetwater Narsh, Verier Pond, and Street Her~h. ?. Tratls and Interpretive Features &. ~edestr~an end bicycle trutls shall be laced at .o~f.b~u.f.f. er_fo.n~es, a~..ay.from .the marsh and shall be deft~n-a ...t~__e__u.p_la_n.d e.d.ge a '~'.' ,,,u ~unsT. rUCT. ee Dy ~,= ~y et bnu~a ¥1sta and the Corps of Engineers as provided t F {Ill-16), 14 (st ~]1-301 ~ ~,+ ~.t~ . , ...... _. n LUP Sections ~l-35), and N (at XI]-3~'): ' '"' '" ~' u ~at ~=34}, K (at IIX-3S), L (at b. The l~terprettve Center et Gunpowder Point shall be designed, located, and constructed by the City of Chula Vista end the State Coastal Conservancy consistent etth Figure 5, (Building Heights, 2 story maximum), LUP Ftgure 11 {following ~l~-~8), and Figure 15 (at l¥-4 end IV-S). The Interpretive Center shall be located away from the northea$ corners of Gunpowder Point ~t+h - -~-, ............ t and northwest ~ ............ - - -,,,,,,an se:oacK ot lO0 feet from S~eetwater mrsn or ~ener yona. lfle ~enter shall be available for public use and shall tnclude adequate space for exhibits and other ~tlands ~nterpretative .nat.erla.ls,_l meeting ~o~ .that. s.c_comodates at least 75, office space for eaytront conservancy 1rust start, end appurtenant facilities such as eestrooes, telephones, sho~ers, etc. 214~ c. Thts subsection provides wildlife habitat restoration and enhancement standards end objectives for the 188-ac~e S~eet. ater Narsh mitigation peope~y (that is ~qu~d to be dedicated to the Depa~nt of . F~sh and ~e) ~n addttton to ~h~qut~ents of the B~(f~nt L~nd Use Plan · ~ o~e~ eppllceble sections of Bayfront Spectflc Plan. ~e principal ~sto~at~on and enhance~nt o~ls f ~pa~nt of Fish and Ga - ........ g or the 188-acre m~ ~.~=~y shall be the maln~nan of .~tl.and habt~t. The ~eeteater ~..k .----, .... ? ~nd enhancement ~Sto~e, Ind enhanced as a c~-lex -- -::Z'[ ~p.,ex._s~a? _be mtntafned, ~ u~ earsn naoltats that lnclude freshwater, brackish, and saltwater marshes. ~ater cont~l fact11. ~ve habtt~t p~otectfon, ~storatton or --~-- ~Jes ~cessa~ to m~ncenance an~ ~nltortn~ acttvt-, ..... , ._ _ ~n~n: .and/or wetland applicable s~tfons of the~ayfron~p."a~ ne pem~ttea consistent wlth the Exhibit D: EnVironmental Management Plan ~..._ , ~1'" .. ,":; Z -,11-. ! -( ............. ~ Ill I I' -216- EXHIBIT ~: ATTA~ A < ~ < ~ AMENDMENTS STATE COASTAL CONSERVANCY Staff Recommendation March 21,' 1985 CHULA VISTA BAYFRONT ENHANCEMENT PLANS AND STAFF DESIGN File No.: 85-009 The staff recommends that the following amendments, proposed pursuant to consultation with the City of Chula Vista and the Department of Fish and Game, be incorporated into the CHULA VISTA BAYFRONT staff recommendation, File No. 85-009. (Paragraphs and items in which no amendments are recommended are not reprinted bel ow. ) REQUESTED ACTION: A. Authorization to disburse up to $50,000 as a local assistance grant to the City of Chula Vista for preparation of enhancement plans for at least four upland and wetland sites and desi~ baseline biological study. SHORT DESCRIPTION: B. The City of Chula Vista's certified Local Coastal Program identifies nearly 500 275 acres of Sweetwater Marsh upland/wetland c6-~ex and the adjacent landfill in the City's Bayfront area as needing enhancement and restoration (see Exhibit E: SummaKy of Proposed Land Uses by Subarea). According to the LCP~ approximately 225 of these ~cres will be enhanced or restored by the Amy Corps of Engineers, the Department of Fish and Game, Caltrans, and the City of Chula Vista under existing-~--~-~lgatton agreements as compensattan for impacts from nearby flood control and road improvement projects'. The LCP also states that approximately 188 acres of the Sweetwater Marsh complex (that are included within the Corps/Caltrans mitigation/preservation area, as outlined in the California Coastal Commission Consistency Determination No. CD-lg-SZ) will be given in fee title to the Department of Fish and ?me. SHORT DESCRIPTION: (cont'd) C. The City would use the $50,000 grant recommended herein, and would itself contribute up to $50,000 to cover all costs beyond the initial $50,000, to prepare detailed conceptual enhancement plans for at least four wetland and upland sites totaling ~ +__ 35 acres that are not included in a mitigation agreement, and to design a baseline biological study for the entire Sweetwater Marsh upland wetland complex including the adjacent landfill. The areas for which the City would ~repare enhancement and restoration plans are nown as F-G Street Marsh (+ 15 acres), Freshwater Marsh (+ 1 acre), 0 StF~et Fill (+ l0 acres), and the G-~npowder Point uplands (--+--9.6 acres). Zn addition~ if the City and' th~ Executive Officer determine that the + 5 acres at The souther~i~,,iust end of the £ Street-~-ars~ (South E Street Marsh) are not included in the Corps/caltrans mitigation/preservation area, the City would use the 9rant recommended herein to ~.repare enhancement plans for the South E Street Marsh, and all references to and provisions for the "four preject sites" herein would apply to South E Street M.arsh. LOCATION: D. The four project sites are located around the periphery of the Sweetwater Marsh upland/wetland complex, in the Bayfront area of the City of Chula Vista, on the east shore of San Diego Bay, San Diego Coast District (see Exhibit A: Regional Setting and Exhibit B: Site Locations). South E Street Marsh is also located on the perip1i~ the Sweetwater Marsh complex (see Exhibit F: South E Street Marsh). STAFF RECOMMENDATION: , E. "The State Coastal Conservancy hereby authorizes the disbursement of an amount not to exceed fifty thousand dollars ($50,000) to the City of Chula Vista for: (a) Preparation of detailed enhancement plans for each of the following Chula Vista Bayfrent sites: F-G Street Marsh, Freshwater Marsh, Gunpowder Point uplandsY~ and for South E Street Marsh if the City and the Executive Officer determine that South E Street Marsh is not included in the Corps/Caltrans mitigation/preservation area. STAFF RECOMMENDATION: (cont'd) F. Subject to the following conditions: "(e) Prior to the disbursement of funds under the above authorization, the Department of Fish and Game and the City shall enter into an agreeaent providing for the d~l~l~l~d~dl~lllll~l~l~J~ll~lf~ assignment b~ .~he. Oepa~ent of Fish and' Game of day to-da~ operation ~and maintenanc~ ~uthority to the B~front Conservancy Trust for the + 188-acres of Sweetwater Marsh ~omplex t~at the ~ar~ent ts to acquire pursuant to the ~ltrans/Co~s Swee~ater Rlver/I-5/State Highway 54 mitigation agm~ent, and/or for the designation of the City of Chula Vista or its designees as the interim manager pending establishment of the Bayfront Conservancy Trust. Management of the + 188-acm Sweetwater Marsh ~lex ~l~e by the Oepa~ment of Fish a~ in consultation with the Bayfront Conservanc~ Trust and s~a]l be consistent ~ith the Bayfront Specific Plan and with Oepa~ment policies and regulations. :ST~F S~RY: G. Staff ts mco~ending that the Conservancy disburse an amount not to exceed $50,000 to the City of Chula Vista to fund the preparation of detatled enhancement plans for four separate degraded and altered upland and .etland sites, wt ~f n the Sweetwater Marsh up1 and/wet1 and coaplex, to~l~ng about 35 acres, and for an additlonal ~ S-acm degraded and a~tered h~gh ~arsh If the Clty and the Executive Offlce~ detemlne ?at the ~ 5-acre high marsh ls noL ~ncluded .~n the Co~s/Caltrans ~ as p~vided for In the Chula · ,aba o~r~n: ~pec1~tc Plan (the fmplementat~on phase of the Chula Vista Ba~front Local Coastal Program). The enhancement and mstoratfon plans would tnco~orate the criteria and objectives establfshed in the Bayfmnt Speciffc Plan (see [xhfbtt C: Crtter~a and ObG~tives)l and the ~u~oses outlfned tn the Sweetwater R~v~ 'nvironmental Zmpact Statement (March 198g. -3- STAFF SUMMARY: (cont'd) H. [Add to end of second paragraph under STAFF SUMMARY]: and may also support other endangered species including the brown pelican. I. [Insert in last sentence of third paragraph under STAFF SUMMARY]: (The enhancement and restoration objectives identified in the Bayfront Specific Plan for each of the four project sites and for t-~-possible fifth site are described below under STAFF DISCUSSION: Site History and Description.) SITE HISTORY AND DESCRIPTION: J. [Insert in last sentence of first paragraph under Site History and Oescrtptioql: The following are more detailed descriptions of the locations and physical characteristics of each of the four project sites and of the possible fifth site, along with... K(1) FLG Street Marsh [Last sentence of second paragraph]: The marsh has been degraded by ~¢~///offl//~Y ~Yq)~ filling, especially on the north end; isolation from the rest of the marsh complex; littering; and inflow of surface runoff from the adjacent industrial area. - removal of + 2.5 acres of fill at the . t(~)~tq~Wgg//,~rY~'/~//~.A/J/~ northern .end of the marsh and creation of a freshwater marsh at the northern end; - creation of a freshwater marsh adjacent to F Street using seasonal freshwater coilected in the proposed detention pond to be located north of F Street on the si te of the exi sting Freshwater Marsh; -4- STAFF SUMMARY: (cont'd) L(4) D Street Ftll The soUthwest tip of the D Street Fill is planned for a Least Tern sanctuary. The Bayfront Specific Plan p~ovides for the Ctty to enhance and preserve 10 acres of the sanctuary. These 10 ac~es would be the only portion of the D Street Fill for which an enhancement plan would be ~repa. redl under the authorization' requested ereln. The Bayfront Specific Plan provides that t-~i~-T~-acres will be surrounded by the Sweetwater Marsh on the south, IAy:~///~/~//~f an upland preserve in the Jurisdiction of the Po~--Otstrict on the ~gJ northwest, and newly-created low i salt. marsh (to e-~vided by Caltrans) with residential development beyond on the north and 1 east. ~The precise configurations and locations of th~ bity, Caltrans, and Port District components must. be determined before proceeding with preparation of enhance~ent plans for the D Street F~ll. M. (5) South E Street Marsh . The + 5-acre South E Street Marsh is a roughly triangular area located at the southernmost tip · ' :- · ,,of E Street Marsh (also known as Vener Marsh). it is bounded on the south and east by agricultural fields (proposed for development as public park and open space and as a residential ~rea). lhe South F Street Marsh is now high enough that it supports upland vegetation. The enhancement and restoration actions provided for in the Specific Plan for South E Street Marsh are: - restoration of t. idal action and · - revegetation CONSISTENCY WITH CONSERVANCY ACT: N. - The F-G Street Marsh has been degraded by fill lng, littering and dumping, inflow of surface [ runoff from adjacent industrial areas, and i sol ation from previously tel ated marshes. ~C 1465H -5- EXHIBIT E TAm ~ I SUMMARY OF PROPOSED LAND ~ 8Y SUBAREA SUBAREA LAND USES TOTAL' / --2 _~ Il _~ "_~ Resident I~1 37.1 19.0 18,1 Con~e~i~l ~7. I · Office/Par~ SLO SL0 · Highway-~elotod 23~ 20.3 3.1 · Marine-ReloteclI 7.7 7.7 · Specialty Retail · · · I'lotol2 la,.O · Wetlcmds4 222.3 ~.~ I~.0 18/t.0 ~.~ · Wetland BuffersS 3~.8 ~.O ~.2 IS.G · Upland Resources~ 14.~ 5.3 9.6 · Parks 3~.0 2.0 8.0 2~.3 2.7 nmdv'a~_ ondROWs? ,3~.1 7.7 ~ It.2 ~ .7~ TOTA~ 78~9 73.7 ¢Q,8 18~.'/ 18~O 1~2.~ I~g_ Ilncludes oreo designated for morina. 21ncluabs only the ama dasignated for hotel-related development on the Gonpawdor Point uplend area. 3Atom within the SO~ & E ROW suitable for parking with landscaped improvements. 4Includes areas to be acquired by the Cor~ of Engineers a~ mitigation fee' the pragosed Sweet- water Chonnel flood control improv~ents. Also includes areas to be acquired by Caltrons for morsh restoration or uplond cormer$ion to marsh aa mitigation for freeway improvements. $1ncludes 100' wide huffor~ to be acquired by the Corps of ~ginee~J al mit~gatlofl for the proposed Sweetwater Charnel flood control improvements. Also includes a slmJlar 10~ buffer surrounding the F*~ S~eet Marsh not a part of the Corps of Engineers project. ~ln~ludes that partie~ of the proposed Least Tern Reeerve island r~t within the Son Diego Unified Port OistHct'l lands. Also includes restored upland habitat an Gunpowder Point. 71nclude%maj~ orteria!s proposed a~ existing to SOI'~e development. A so ~cIMdel pa~t ohs of ?~FSOr~lr&a~ciE ~/.not .ecluded as wefiand~ or land. aped porking are. and per tior~ of the AT ~Approximately 4.0 acres within the Office Pork designation are pra~oo~-.d for o specialty retail tacilil7 to ~e~e the halel/recreatlo~al, office, and re~identlal uses. EXHIBIT F: Location of South E Street Marsh EXHIBIT 2. ¢oetrac~r shell coupl! with the Ho~g A~ (~~ ~, ~ 12900 728500 et ~.), ~ ~8~ o~ ~cie 9.5, Divisl~ 3, Ti~e 2 of ~e ~t 1113~11139.5) ~ ~ ~~ EXHIBIT _ LIST OF ASSURANCES ~ The applicant hereby assures and certifies that it will comply with Conservancy regulations, policies, guidelines and requirements as they relate to. the acceptance and use of Conservancy funds for this project. Also, the applicant gives assurance and certifies with respect to the grant that= 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities~ that where appropriate, a resolution, motion or e~m~lar action has been duly adopted or passed as an official act of t~he applicantts governing body, authorizing the filing Of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will have sufficient fun~s available to meet its own share of the cost for projects. Sufficient funds will be available when the project is completed to assure the effective operation and maintenance of the facility for the purposes constructed. 3o It holds sufficient title or interest in the property to enable it to' undertake lawful develol~aent and construction of the project. In the case where the Grantee is acquiring an interest in the property as e part of the project develo~xaent such title documentaiton shall be reviewed by the Executive Officer of the Conservancy. 4. It will not d~spose of or enc~er its title or other interests in'the site and facilities except as permitted by the Conservancy. 5. It will give the Conservancy, through any authorized representative, access to and the right to ewAm4ne all records~ books~ papers, or doc~ents related to the grant. 6. It will cause work on the project to be commenced within a reasonable tin~ after receipt of notification fro~ the Conservancy that funds have been approved and that the project will be carried to com~letion with reasonable 7. It will, where appropriate, comply with the requirements of the State's Braithwaite Act (Chapter 1574, Statutes of 1971 and related statutes), which provides for fair and equitable treatment of displaced persons. 8. It will, where appropriate, comply with the requirements of the California Environmental Quality Act. 9. It will comply with all requirements imposed by the Conservancy concerning special provisions of law, and program requirements. ..EXHIBIT ~?D.~,IN'rFT~¥~TOR ~D STANDJ~D PROV'tSTONS 1. The Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims end losses accruing or resulting to any and all contractors, subcontractors, materialmen, 1 laborers and any other person, firm or corporation furnishing or supplying · work, servicesv materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this contract. ~ 2. The Grantee, and the agents and employees of the Grantee, in the ~ perfor~ance of this Agreement, shall act in an independent capacity and 1 not as officers or employees or agents of the State of California. 3. The State may terminate this Agreement and be relieved of the peyment of , any consideration to the Grantee should the Grantee fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The Cost to the State shall be deducted from any sum due the Grantee under this Agreement, and the balance, if any, shall be paid the Grantee trion demand. 4. Without the w~itten consent of the State, this Agreement is not assignable by the Grantee either in whole or in pert. 5. Time is the essence of this Agreement. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 7. The consideration to be paid the Grantee, as provided herein, shall be in compensation for all of the Grantee's expenses incurred in the perforemance hereof, including travel and per diem, unless otherwise expressly so provided.