POINT ARENA CITY COUNCIL
AGENDA ITEM SUMMARY
AGENDA ITEM: VIII A
MEETING DATE: 12/10/2024
TITLE
Receive Report and Provide Direction Regarding the Arena Cove Harbor Access and Resiliency Plan
RECOMMENDED ACTION
Provide direction regarding the project scope of work, the allocation of funds amongst tasks, and the potential addition of new work tasks. Provide initial direction regarding scope of work for Campground Feasibility Study.
ANALYSIS
Background
On November 30, 2023, the State Coastal Conservancy authorized a $485,000 grant to the City of Point Arena to complete the Arena Cove Harbor Access and Resilience Plan (project). The project includes preparing the plans and specifications and all environmental review and permitting for the following: pier repairs, harbormaster office and public restroom/shower on the pier, Rockwall property public restroom/showers, commercial fishing ice machine and shed, improved ocean access to Arena Cove by small craft, and lower cost overnight accommodation in the Cove.
In July of 2024, the City engaged the service of Marie Jones Consulting to manage both the grant and project. MJC prepared the work plan, which is required by the State Coastal Conservancy to begin spending funds, and on August 22, 2024, the Project work plan was approved by the State Coastal Conservancy (SCC). Please see Attachment 1 to review the approved work plan which provides details regarding all work tasks and final products that are required by the grant.
Please note that the State Coastal Conservancy will allow the City to revise the work plan by adding tasks or reallocating resources amongst tasks. However, as the grant was awarded by the SCC based on the proposal of specific work tasks, it is much more difficult to remove work tasks.
Grant Requirements
The current workplan requires the City to prepare the Arena Cove Harbor Access and Resilience Plan to include plans, designs, and environmental review for the improvements to the Point Arena Pier, Harbor, and Cove for commercial and recreational purposes in the City of Point Arena, Mendocino County (the “project”).
Specific elements of the planning project include:
1. Engineering services for pier structural components.
2. Design/architectural plans for pier harbormaster office and public restroom/shower.
3. Design/architectural plans for Rockwall property public restroom/showers.
4. Design plans for commercial fishing ice machine building.
5. Design plans for improved beach access to Arena Cove beach.
6. Community plan for lower cost overnight accommodation in the Cove; and
7. Environmental surveys, environmental review, and permit application materials.
Status of Project Work to Date
Work has been initiated on a number of the tasks and work products listed in the scope of work, as follows:
• City of Point Arena has entered into a contract with Marie Jones Consulting to manage the project and all consultants, complete all CDP and related permit applications and prepare the Mitigated Negative Declaration for the project. MJC with subconsultant Dancing Dog Design Build will prepare the site plan, floor plans and elevations for all project structures for the Coastal Development Permit process and the final construction plan sets and bid documents for the construction of the various project structures.
• City of Point Arena has entered into a contract with Moffet and Nichol, the firm that prepared the Point Arena Pier Condition Assessment Report, to complete the design and engineering, project specifications, and prepare a bid packet for the final construction project for the Pier. The consultant team has started work on plans and specifications.
• The City of Point Arena has entered into a contract with Dark Gulch to complete the biological survey and complete permit applications with relevant resources agencies. • MJC met with Coastal Commission staff and California Fish and Wildlife staff in September to discuss permitting constraints, issues and process for all aspects of the project.
• MJC worked with our State Coastal Conservancy grant manager to reallocate $50,000 in planning grant funds to purchase a new boat hoist for the pier. This item was heard and approved by the State Coastal Conservancy on November 21st. These funds can be used to purchase a new hoist or if alternative funding is secured the funds can be used instead for other activities in the grant scope.
• The Arena Cove Stewards met in September and November to discuss the pier project and provide input and feedback.
• The Stewards developed a plan of action and the scope of needed repairs to the boat hoist, gangplank and floating dock and prepared a City grant application for California Department of Fish and Wildlife to fund these needed improvements. Marie Jones Consulting prepared a CDP application to the Coastal Commission to permit the needed repairs and MJC also completed the relevant CEQA document. • Stewards and Peter Bogdan met with MJC on the Pier to identify all needed repairs and changes to the pier structure to be folded into the Moffet and Nichol plans and specifications.
Project Budget and Tasks
The table below illustrates the budget for each task, committed funds via contracts, funds to the City and uncommitted funds. There is $88,186 in uncommitted funds (including $50K for the hoist), which could be utilized to augment an existing task or add a new related task with State Coastal Conservancy approval.
Task Task Title
Coastal
Conservancy
Grant
Awarded
Funds
Committed
through
Contracts
Funding to
Support
City Staff
Uncommitted
Funding
Total
Budget
1 Project Management $ 12,750 $ 11,250 $ 1,500 $ - $ 24,000 2 Project Planning & Project
Team Management $ 47,600 $ 34,500 $ 13,100 $ - $ 82,100 3 Prepare Resilience Planning &
Public Access Plan and
Engineered Plan Sets
$ 235,500 $ 185,914 $ - $ 49,586 $421,414
4 Community Planning,
Permitting & Environmental
Review
$ 155,650 $ 107,900 $ 9,150 $ 38,600 $263,550
5 Administration $ 29,130 $ - $ 29,130 $ - $ 29,130
Indirect costs (15% of City cost) $ 4,370 $ 4,370 $ -
Add
on
Purchase of Boat Launch $ (50,000)
TOTAL $ 485,000 $ 339,564 $ 57,250 $ 38,186 $485,000
Some members of the Arena Cove Stewards have indicated support for funding the following tasks with the identified funding surplus if CDFW doesn’t approve the grant:
A. Purchase Boat Launch ($50,000).
B. Design an additional gangway and floating dock for small craft recreational users (kayaks, paddle boards, etc.) of the pier.
Campground Update. It is possible that the campground project at the Rockwall parcel is the most controversial of the work tasks in the grant work plan. This task is also key to the award of State Coastal Conservancy funding, because public access is a fundamental purpose of the Conservancy. The Conservancy is unlikely to agree to remove this task from the grant. The discussion about the campground is included below because the City Council identified it as an area of concern at City Council’s October 2024 meeting.
To start the campground feasibility study process, MJC toured the site with staff of the California Department of Fish and Wildlife, the State Water board, and the California Coastal Commission to discuss the entirety of the project (pier, campground, structures) to determine if there were any issues from the perspective of these resource agencies which would make one or more aspects of the project infeasible. For this meeting MJC prepared three alternative draft site plans to spark conversation. At the meeting the resource agencies provided the following general comments regarding the potential campground and the remainder of the project.
A. The campground is potentially feasible at the Rockwall property, but a botanical survey is required and either some portion of the parcel will need to continue to be used for boat storage or a new location for boat storage will need to be identified.
Alternatively, the City will need to make a case for why dry boat storage is no longer needed.
B. Relocation of the ice machine shed to the western edge of the Rockwall property is potentially feasible, but the City will have to complete an alternatives analysis and explore other locations that are not so close to Arena Creek.
C. The agencies expressed strong concern about the community recycling storage area adjacent to Arena Creek. The recycling area results in a lot of animal scavenging and trash in the creek and an alternative location should be identified.
D. The City will be the applicant to the Coastal Conservancy for the CDP for the pier repair.
E. All resources agencies want to see the botanical survey prior to weighing in further on any of the project components.
Potential next steps for the campground feasibility study include:
1. Set up one or more community meetings to get community input/critique/interest in the concept.
2. Prepare a market study and operating plan.
3. Complete the botanical survey.
4. Prepare site plan, building elevations and floor plans based on above.
5. Obtain City Council direction on how/if to proceed with the permitting for the campground.
6. Complete permitting and CEQA for the project.
FISCAL IMPACT
This project will be completely funded through the Coastal Conservancy Grant. Grant funds will also cover all City staff time associated with the Project.
ATTACHMENTS
1. SCC Approved Work Program for the Arena Cove Harbor Access and Resiliency Plan
2. Coastal Conservancy Grant Agreement
CITY MANAGER SIGNATURE
_________________________________
Peggy Ducey, Interim City Manager
1 WORK PROGRAM
Grantee Name: City of Point Arena
Project Name: Arena Cove Harbor Access and Resiliency Plan Conservancy Grant Agreement: 23-070-01
Today’s Date: August 22, 2024
I. PROJECT DESCRIPTION
The purpose of this project is to prepare a Harbor Access and Resilience plan (“the project”) for the Arena Cove area of Point Arena, Mendocino County. The Grantee will prepare the Arena Cove Harbor Access and Resilience Plan, which will include plans, designs, and environmental review for a variety of improvements to protect and enhance existing and future use of the Point Arena Pier, Harbor, and Cove for commercial and recreational purposes in the City of Point Arena, Mendocino County (the “project”). Specific elements of the planning project include:
1. Engineering services for pier structural components;
2. Design/architectural plans for pier harbormaster office and public restroom/shower;
3. Design/architectural plans for Rockwall property public restroom/showers;
4. Design plans for commercial fishing ice machine;
5. Design plans for improved beach access to Arena Cove Beach;
6. Community plan for lower cost overnight accommodation in the cove; and
7. Environmental surveys, environmental review, and permit application materials.
II. SCOPE OF WORK
Task 1 Project Grant Management
The Grantee will coordinate with Conservancy Project Manager to keep him/her informed about the status of the project. The Grantee will be responsible managing the budget and schedule, submitting requests for disbursement, and other project management activities.
Before hiring subcontractors for work under this grant agreement, the Grantee will submit subcontractors to perform specified tasks for the review and approval of the Conservancy Project Manager. In the progress reports, the Grantee will document all subcontractor activities, subcontractor activities, deliverables completed, progress, issues and proposed resolutions.
Task Deliverable(s): progress reports, invoices, and subcontract documentation (see Section V).
SCC Grant Agreement # 23-070-01
Work Program, August 22, 2024
2 Task 2 Project Planning & Project Team Management
This task will consist of the following activities:
• Preparation of quarterly updates to City Manager & City Council to obtain direction on project as it progresses
• Preparation of RFPs to hire project consultants, review of proposals, and selection of consulting firms for project, and preparation of consultant contracts and presentation of same to City Council.
• Management of the consulting team includes monthly invoice processing, budget management, facilitation of team meetings, monitoring progress, resolving problems, serving as the point of contact for the project. • Engage in community communication by preparing and providing a short summary of project progress for the community and responding to community inquiries and emails.
• Monthly meetings with Point Arena Cove Resiliency Committee to prepare site plan and develop conceptual plans for Cove structures.
Task Deliverable(s):
• Reports to City Council
• RFPs and Contracts
• Community updates
• Meeting minutes from Point Arena Cove Resiliency Committee Task 3 Prepare Resilience Planning & Public Access Plan and Engineered Plan Sets This task includes the preparation of:
• Engineering and design for pier structural components - prioritized items by Moffatt & Nichol
• Design/architectural plans for pier harbormaster office and adjoining public restrooms
• Design/architectural plans for Rockwall restrooms/showers • Design/architectural plans for commercial ice machine in new elevated shed • Design of improvements to address sea level rise and severe storm related flooding.
Task Deliverable(s):
Engineering plans for pier structural repair
Architectural plans for pier harbormaster office and adjoining public restrooms Architectural plans for Rockwall restrooms/showers
Architectural plans for commercial ice machine in new elevated shed Engineered plans to address sea level rise and storm related flooding.
SCC Grant Agreement # 23-070-01
Work Program, August 22, 2024
3 Task 4 Community Planning, Permitting & Environmental Review This task consists of the following activities:
• Secure all permitting for pier structural upgrades from relevant regulatory agencies including State Lands Commission, NOAA (National Marine Fisheries Service), Army Corps, CDFW, USFWS
• Prepare an alternative analysis for campground or cabins at Rock Wall property. • Complete Coastal Development Permit & CEQA review
• Complete all relevant resource reports for CDP & CEQA review Task Deliverable(s):
• Relevant permits from State Lands Commission, NOAA (National Marine Fisheries Service), Army Corps, CDFW, USFWS which may include: CDFW Lake/Streambed Alteration Permit (1600), CDFW California Endangered Species Act Take Authorization, Regional Water Quality Control Board Certification (401), U.S. Army Corps 404 or 408 Permit, U.S. Fish and Wildlife Service Biological Opinion, National Marine Fisheries Service Biological Opinion.
• Site plan for camping/cabin facilities at Rock Wall property. • Coastal Development Permit & MND
• Biological, geotechnical, archaeological and other relevant reports for CDP & CEQA review.
Task 5 City Grant Administration and Administrative Costs This task consists of grant administration, which includes reviewing and paying all invoices, reviewing scopes of work and approving contracts, bringing items forward to City Council for consideration. This task also includes costs for administrative of the grant such as publishing costs for hearing notices, minutes, public mailings.
Task Deliverable(s):
• Invoices, contracts, hearing notices, etc.
III. PERMIT COMPLIANCE
Before starting project implementation, all necessary permits must be obtained and the Conservancy Project Manager must be notified with written documentation either via a Work Program amendment or email.
This is a planning, design and engineering project. One of the goals of this project is to develop designs and obtain all permits and environmental clearances for a later construction project. However no construction or implementation will be completed with these grant funds.
SCC Grant Agreement # 23-070-01
Work Program, August 22, 2024
4 Implementation Projects: Required Permits Secured
☐ Coastal or Shoreline Development Permit ☐
☐ Local Grading, Vegetation, or Other permit ☐
☐ CDFW Lake/Streambed Alteration Permit (1600) ☐
☐ CDFW California Endangered Species Act Take Authorization ☐ ☐ Regional Water Quality Control Board Certification (401) ☐ ☐ U.S. Army Corps 404 or 408 Permit ☐
☐ U.S. Fish and Wildlife Service Biological Opinion ☐
☐ National Marine Fisheries Service Biological Opinion ☐ ☐ Other – Please specify
☐
IV. SCHEDULE
Work Completion Date: January 15, 2026
Final Request for Disbursement and Final Progress Report: February 15, 2026 Grant Termination Date: April 15, 2026
The Grantee will submit project deliverables to the Conservancy project manager as listed in the schedule below. In the event the Grantee anticipates a delay in the project schedule, the Grantee shall inform the Conservancy Project Manager by email prior to the scheduled due date of that task or deliverable.
In the event the project cannot be completed prior to the completion date of the Grant Agreement, the Grantee shall request an extension by email, providing justification for the extension and a revised schedule of completion. There is no guarantee that the grant agreement will be extended.
SCC Grant Agreement # 23-070-01
Work Program, August 22, 2024
5 Task
Number
Task Title Deliverable Estimated Start
Date
Estimated
Completion
Date
1 Project
Management
Monthly progress reports,
invoices, and subcontract
documentation.
Not Applicable Monthly
throughout the
contract term
2 Project Planning &
Project Team
Management
• City Council reports
• Community updates
• Contracts
• Meeting minutes from Point
Arena Cove Resiliency
Committee
September 2024 Monthly
throughout the
contract term.
Prior to
subcontractor
starting work.
3 Prepare Resilience
Planning & Public
Access Plan and
Engineered
Drawings
• Engineering plans for pier
structural repair
• Architectural plans for pier
harbormaster office and
adjoining public restrooms
• Architectural plans for
Rockwall restrooms/showers
• Architectural plans for
commercial ice machine in
new elevated shed
• Engineered plans to address
sea level rise and storm
related flooding.
September 2024 October 2025
SCC Grant Agreement # 23-070-01
Work Program, August 22, 2024
6 4 Community
Planning,
Permitting &
Environmental
Review
• Relevant permits from State
Lands Commission, NOAA
(National Marine Fisheries
Service), Army Corps, CDFW,
USFWS
• Site plan for camping/cabin
facilities at Rock Wall
property.
• Coastal Development Permit
& MND
• Biological, geotechnical,
archaeological and other
relevant reports for CDP &
CEQA review.
Sept 2024 October 2025
5 City Administrative
Costs
Invoices, contracts, hearing
notices, etc.
Sept 2024 February 2025
V. BUDGET OVERVIEW
[The table below is your budget, separated by task. The task title and Conservancy grant amount in the budget table should match what you submit with your invoice. This table may be submitted as a separate excel spreadsheet.]
Task
Number Task Title
Coastal
Conservancy
Grant
Required
Grantee
Match *
Estimated
Other
Funding
Total
Budget
1 Project Management $ 12,750 $ - $ - $ 12,750
2 Project Planning &
Project Team
Management
$ 47,600 $ - $ - $ 47,600
3 Prepare Resilience
Planning & Public
Access Plan and
Engineered Plan Sets
$ 235,500 $ - $235,500
4 Community Planning,
Permitting &
Environmental Review
$ 155,650 $ 5,000 $ - $160,650
SCC Grant Agreement # 23-070-01
Work Program, August 22, 2024
7 5 Administration $ 29,130 $ - $ - $ 29,130
Indirect costs (15% of
City cost) $ 4,370
TOTAL $ 485,000 $ 5,000 $ - $490,000
*Grantee Required Match
• Arena Cove Stewards $5,000 match
VI. BUDGET DETAIL
See Conservancy Budget Guidelines for nonprofit organizations here:
https://scc.ca.gov/webmaster/ftp/pdf/forms/budgetguidelinesnonprofit.pdf.
A) Grantee Expenditures
1.) Direct Expenditures – Materials, Mileage, etc.
[List the types (not amounts) of direct costs other than staff time (labor) that will be billed (e.g., project supplies, printing, personal protection equipment, field equipment and transportation, food (not allowed when using bond funds), etc.) and briefly explain why those direct costs are needed for the project. Direct costs other than staff time will be billed at cost up to the maximum budget amount.
Direct costs for this project include the following:
• Labor Costs
• Hearing Notices
• State and Federal Permitting Costs
• Mailings
Food
[If a grant is funded with bond funds, the Conservancy will not pay for food. If a grant is not bond-funded and food is essential to the success of the project, it is an allowable direct expense]
No food expenses
Incidental Supplies or Personal Equipment, Clothing or Uniforms [Personal equipment such as rubber boots and sunscreen may be paid for with grant funds.
Grantee should work with your Project Manager to identify what are allowable expenses.] No incidental supplies are required for this project.
Vehicles or Equipment
SCC Grant Agreement # 23-070-01
Work Program, August 22, 2024
8 [Grants can pay for vehicles and other equipment, including computers, that are essential to completion of the grant. Office computers should be included in indirect costs. Grants can only purchase computers if they are essential to the project. The grant agreement should include language about what happens to the equipment after project completion, during the equipment’s useful life.]
No vehicles or equipment are required for this project.
Travel Costs
[For rental cars and flights, choose the most economical option. A cost comparison may be necessary when submitting for reimbursement to determine if the cost is in the best interest of the State. Mileage reimbursements using a personal vehicle must need follow state rates per CalHR website. All meals shall be documented with receipts to support claims at a maximum of $60 per day. Hotel costs should be in alignment with annually updated federal reimbursement rates that can be found on the U.S. General Service Administration website under Travel.]
• Limited travel costs for consultant reimbursements for vehicular use, meals and overnight accommodations as needed.
2.) Staff time/Labor
[Do not provide details for staff time/labor in this section. The following information provides guidance for grantees on billing for staff time/labor:
- You must provide backup documentation showing the staff position, hours worked, and billing rates for the labor on your project. Grantees need a timekeeping system to track staff time spent on the grant and a system to calculate actual compensation. - Grantee labor can only be reimbursed at rates reflecting actual compensation.
Therefore, the rate can include salary, and all fringe benefits that employee receives (paid leave, medical insurance, 401K contribution, etc.). The Conservancy cannot pay for benefits or leave, those items should be included in the fringe benefits. - The Conservancy recommends our grantees pay their employees and contractors a living wage. Please review guidance outlined in our prevailing wage memo and workforce development tips sheet.
- Overtime billed to the project must be essential to the completion of the project.
Grantee shall justify the need for overtime and SCC shall approve any overtime labor in advance of grantee incurring overtime charges.]
This grant will cover staff time for the City Manager, City Attorney and City Admin to assist with the project, engage in project oversight and community meetings, review contracts, attend City Council and community meetings, complete required noticing, etc.
Stipends
SCC Grant Agreement # 23-070-01
Work Program, August 22, 2024
9 [Stipends are an allowable expense in a work program. Stipends should be a one-time payment, the same amount to all recipients. Cash is the preferred method for stipends. Gift cards, bus passes, or other ongoing passes are not an acceptable form of stipend.
Documentation can be a list of the recipients who received the stipends.] No stipends will be paid for this project.
3.) Indirect Costs
[The Conservancy limits overhead recovery to a maximum of 20% of a grant. The indirect cost rate charged on labor can exceed 20%, as long as the total indirect costs are no more than 20% of the total cost of the grant. For example, $100,000 of a $500,000 grant equals 20% of the total grant but would be billed at a rate of 25% ($400,000 direct costs at 25% = $100,000 indirect costs).
- Grantees that wish to charge overhead to a Conservancy grant must be able to document the appropriateness of these charges. The Conservancy limits overhead recovery to a maximum of 20% of a grant.
- Appropriate calculation of a grantee’s indirect cost rate is subject to review by the State Auditor, and Grantee may be required to partially repay indirect costs if the indirect cost rate cannot be justified to the Auditor’s satisfaction. - The Conservancy does not allow contractors to add “markup” fees to subcontractor costs or purchases. Any costs associated with managing subcontractors or making purchases should be billed as staff time or included in the indirect costs.
Insurance
[The Conservancy’s grant agreements require general liability, auto, worker’s compensation insurance. These insurance costs are usually an indirect cost because the insurance covers all the grantee’s activities, not just those of the project. If a grantee purchases insurance only for the grant-funded project, for example watercraft insurance, that could be considered a direct cost.
Construction grants may require subcontractors to obtain Performance and/or Payment Bonds. The cost for bonds is project specific and can be a direct cost to the project and should be identified as a Direct Cost.]
Indirect costs will be billed at a rate of 15% which equals 0.9% of total grant cost.
B) Subcontractors
[Subcontractors may be hired to help you to achieve your project’s goals. A subcontractor provides a service while a “vendor” provides a product for your project. For example, you may rent sailboats from a vendor, so they would not be included here, but if you hire a sailing company to rent sailboats and instruct your participants how to sail, they would be a subcontractor and should be in this section. If you are using a transportation service, such as a bus company, treat them as a vendor and do not include them as a subcontractor.
SCC Grant Agreement # 23-070-01
Work Program, August 22, 2024
10 Before you hire your subcontractor, please include their website link, a summary of what their role in your program is, and deliverables.
- The deliverable can be subcontractor receipts.
- Honorariums given would be considered a subcontractor expenditure. - Your Project Manager’s approval of the work program includes approval of the subcontractors that you listed. Other subcontractor and approved by email or by updating the work program.
Subcontractor role, tasks, and deliverables:
• Marie Jones Consulting will complete grant management, project management, project permitting and environmental review for the project. www.mariejonesconsulting.com
• Moffatt & Nichol may complete the construction and engineering tasks for the Pier retrofit. www.moffattnichol.com
• WRA, Inc may prepare biological reports and studies for the CEQA analysis. www.wra-ca.com
• Other subcontracts will be required, and relevant information will be provided to the Coastal Conservancy staff prior to hire.
VII.PLAN FOR ACKNOWLEDGMENT
The City of Point Arena will acknowledge Conservancy funding as follows:
- Quarterly reports, press releases, flyers and social media posts that highlight the Conservancy as the funder and include the Conservancy logo. Include the Coastal Conservancy Logo as a design element in the plans for all signage for each building and the pier.
Photo Release: We encourage grantees to share photographs and other media demonstrating the benefits of Conservancy grants with us. Please note that unless otherwise stated, photographs and other media (including photographs of children and other vulnerable populations) shared with the Conservancy may be used for publicity and education by the Conservancy. Grantees should consider issues of copyright, consent, and privacy before sharing media with the Conservancy.]
The City of Point Arena agrees that the conservancy can use all photos that are included in all reports or media produced for the project.
STATE OF CALIFORNIA
State Coastal Conservancy
GRANT AGREEMENT
Grant - Rev 11/20
THIS AGREEMENT is entered into this day of ______________, 2023 in the State of California, by and between:
and
.
I. SCOPE OF AGREEMENT
Pursuant to Chapter 3 of Division 21 of the California Public Resources Code, the State Coastal Conservancy (“the Conservancy”) hereby grants to the City of Point Arena (“the grantee”) a sum not to exceed $485,000 (four hundred eighty-five thousand dollars) (“funds”), subject to this agreement. (Continued on the following pages)
The provisions on the following pages constitute a part of this agreement.
This agreement has been executed by the parties as shown below.
STATE OF CALIFORNIA GRANTEE
AGENCY GRANTEE (If other than an individual, state whether a corporation, partnership, etc.) State Coastal Conservancy City of Point Arena
BY (Authorized Signature) BY (Authorized Signature)
PRINTED NAME AND TITLE OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Amy Hutzel, Executive Officer Paul Anderson, City Manager
ADDRESS & PHONE NUMBER ADDRESS & PHONE NUMBER
1515 Clay Street, 10th Floor
Oakland, CA 94612
Phone: (510) 286-1015
P.O. Box 67
Point Arena, CA 95468
Phone: (707)882-2122
AMOUNT ENCUMBERED BY
THIS DOCUMENT
$485,000.00
PROGRAM/CATEGORY
Other Local Assistance
FUND TITLE/PROP NO.
Greenhouse Gas Reduction Fund
I certify that this
agreement is exempt
from Department of
General Services’
approval.
Erika Gomez
Procurement and
Contracts Manager
PRIOR AMOUNT
ENCUMBERED FOR THIS
AGREEMENT
FUND ITEM CHAPTER STATUTE FISCALYEAR
$-0-
3760-601-3228 249 2022 22/23
TOTAL AMOUNT
ENCUMBERED TO DATE
PROJECT NAME
$485,000.00 Arena Cove Harbor Access and Resilience Plan I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above.
NAME AND SIGNATURE OF ACCOUNTING OFFICER DATE
AGREEMENT NUMBER AM. NO.
23-089
TAXPAYERS FEDERAL EMPLOYER
IDENTIFICATION NO.
94-6019185
AGENCY
State Coastal Conservancy
GRANTEE'S NAME
City of Point Arena
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Barbara Burkey, Mayor
22nd December
12/22/2023
City of Point Arena
Grant Agreement No. 23-089
The grantee shall use the funds to prepare a Harbor Access and Resilience plan (“the project”) for the Arena Cove area of Point Arena, Mendocino County, as shown on Exhibit 1, which is incorporated by reference and attached.
The project consists of preparation of the Arena Cove Harbor Access and Resilience Plan, which will include plans, designs, and environmental review for a variety of improvements to protect and enhance existing and future use of the Point Arena Pier, Harbor, and Cove for commercial and recreational purposes in the City of Point Arena, Mendocino County (the “project”). Specific elements of the planning project include engineering services for pier structural components; design/architectural plans for pier harbormaster office and public restroom/shower; design/architectural plans for Rockwall property public restroom/showers; design plans for commercial fishing ice machine; design plans for improved beach access to Arena Cove Beach; community plan for lower cost overnight accommodation in the cove; and environmental surveys, environmental review, and permit application materials.
The grantee shall carry out the project in accordance with this agreement. The grantee shall provide any funds beyond those granted under this agreement that are needed to complete the project.
II. CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND
DISBURSEMENT
The grantee shall not commence the project and the Conservancy will not be obligated to disburse any funds under this agreement until the following conditions precedent have been met:
1. The City Council of the grantee has adopted a resolution designating positions whose incumbents are authorized to negotiate and execute this agreement and amendments to it on behalf of the grantee.
2. The Executive Officer of the Conservancy (“Executive Officer”) has approved in writing:
a. The work program for the project as provided in section “V. WORK PROGRAM.” b. All contractors that the grantee intends to retain in connection with the project.
3. The grantee has provided written evidence to the Conservancy that:
a. The grantee has provided for required insurance coverage, including additional insured endorsement, as described in section “XIII. INSURANCE.” City of Point Arena
Grant Agreement No. 23-089
III. TERM OF AGREEMENT
This agreement will take effect when signed by both parties and received in the office of the Conservancy together with the resolution described in section “II. CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT”. This agreement may be signed electronically using a process specified by the Conservancy.
This agreement terminates on April 15, 2026 (“the termination date”) unless otherwise terminated early as provided in this agreement. However, the grantee shall complete all work by January 15, 2026 (“the completion date”).
The grantee shall deliver a final Request for Disbursement to the Conservancy no later than February 15, 2026.
IV. AUTHORIZATION
The signature of the Executive Officer of the Conservancy on this agreement certifies that at its November 30, 2023 meeting, the Conservancy adopted the resolution included in the staff recommendation attached as Exhibit 2. This agreement is executed under that authorization.
City of Point Arena
Grant Agreement No. 23-089
Standard Provisions
V. WORK PROGRAM
Before beginning the project, the grantee shall submit a detailed work program to the Executive Officer for review and written approval of its consistency with this grant agreement. The work program must include:
1. The specific tasks to be performed.
2. A schedule of completion for the project, specifically listing the completion date for each project component and a final project completion date.
3. A detailed project budget. The project budget must describe all labor and materials costs of completing each component of the project. For each project component, the project budget must list all intended funding sources including the Conservancy’s grant and all other sources of monies, materials, or labor.
If all or any part of the project to be funded under this agreement will be performed by third parties (“contractors”) under contract with the grantee, the grantee shall submit to the Executive Officer for review and approval the names and qualifications of the contractors.
The work program will have the same effect as if included in the text of this agreement.
However, the work program may be modified without amendment of this agreement upon the grantee’s submission of a modified work program and the Executive Officer’s written approval of it. If this agreement and the work program are inconsistent, the agreement will control.
The grantee shall carry out the project in accordance with the approved work program.
VI. COORDINATION AND MEETINGS
The grantee shall coordinate closely with Conservancy staff and other involved entities, including local, state and federal agencies, and shall participate in meetings and other communications as necessary to ensure coordination.
VII. WORK PRODUCTS AND ACKNOWLEDGMENT OF CONSERVANCY
SUPPORT
All material, data, information, and written, graphic or other work produced, developed or acquired under this agreement is subject to the unqualified and unconditional right of the City of Point Arena
Grant Agreement No. 23-089
Conservancy to use, reproduce, publish, display, and make derivative use of all such work, or any part of it, free of charge and in any manner and for any purpose; and to authorize others to do so. If any of the work is subject to copyright, trademark, service mark, or patent, the Conservancy is granted and shall have a perpetual, royalty-free, nonexclusive and irrevocable license to use, reproduce, publish, use in the creation of derivative works, and display and perform the work, or any part of it, and to grant to any third party a comparable and coextensive sublicense.
The grantee shall include in any contract with a third party for work under this agreement terms that preserve the rights, interests, and obligations created by this section, and that identify the Conservancy as a third-party beneficiary of those provisions.
The grantee shall not utilize the work produced under this agreement for any profit-making venture, nor sell or grant rights to a third party for that purpose.
In order to acknowledge the Conservancy’s support of the project, the grantee shall display the Conservancy’s name and logo in the final report in a prominent location. The grantee shall mention the Conservancy’s support in its project-related press releases, contacts with the media, and social media postings, and on its website.
VIII.COSTS AND DISBURSEMENTS
When the Conservancy determines that all conditions in section “II. CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT” have been fully met, the Conservancy shall disburse to the grantee a total amount not to exceed the amount of this grant, in accordance with the approved project budget and this section.
The withholding for this agreement is five percent. The Conservancy shall disburse funds for costs incurred to date, less five percent, upon the grantee’s satisfactory progress under the approved work program and upon submission of a “Request for Disbursement” form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. The Conservancy shall disburse the five percent withheld upon the grantee’s satisfactory completion of the project and compliance with section “X. PROJECT COMPLETION”, and upon the Conservancy’s acceptance of the project.
Hourly rates billed to the Conservancy must be equal to the actual compensation paid by grantee to employees, which may include employee benefits. The grantee shall require its employees to keep records of their time spent on the project for purposes of documenting the employee time billed to the Conservancy. The Conservancy will reimburse the grantee for expenses necessary to the project when documented by appropriate receipts. The Conservancy will reimburse travel and related expenses at actual costs not to exceed the state employee rates as identified on the California Department of Human Resources (CalHR) website under travel reimbursements for City of Point Arena
Grant Agreement No. 23-089
state employees. The Conservancy may reimburse in excess of the state employee rates upon documentation that these rates are not reasonably available to the grantee.
The grantee shall request disbursements by filing with the Conservancy a fully executed “Request for Disbursement” form (available from the Conservancy). The grantee shall include in the form its name and address, the number of this agreement, the date of the submission, the amount of the invoice, the period during which the work was actually done, and an itemized description, including time, materials, and expenses incurred, of all work done for which disbursement is requested. The form must also indicate cumulative expenditures to date, expenditures during the reporting period, and the unexpended balance of funds under the grant agreement.
An authorized representative of the grantee must sign the form. Each form must be accompanied by:
1. All receipts and any other source documents for direct expenditures and costs that the grantee has incurred.
2. Invoices from contractors that the grantee engaged to complete any portion of the work funded under this agreement and any receipts and any other source documents for costs incurred and expenditures by any such contractor, unless the Executive Officer makes a specific exemption in writing.
3. A progress report summarizing the current status of the project and the work for which the grantee is requesting disbursement.
The grantee’s failure to fully execute and submit a Request for Disbursement form, including attachment of supporting documents, will relieve the Conservancy of its obligation to disburse funds to the grantee unless and until the grantee corrects all deficiencies.
IX. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG
BUDGET ITEMS
No increase in the total amount of this grant will be valid unless set forth in a written amendment to this agreement. The grantee shall expend funds consistent with the approved project budget. Expenditure on items contained in the approved project budget, other than overheard and indirect costs, may vary by as much as ten percent without prior approval by the Executive Officer, provided that the grantee first submits a revised budget to the Conservancy and requests disbursement based on the revised budget. Any deviation greater than ten percent, and any deviation that shifts funds from approved budget items into an overhead or indirect costs category, must be identified in a revised budget approved in advance and in writing by the Executive Officer. The Conservancy may withhold payment for items that exceed the amount City of Point Arena
Grant Agreement No. 23-089
allocated in the project budget by more than ten percent and that have not received the approval required above. Any increase in the funding for any particular budget item will mean a decrease in the funding for one or more other budget items unless there is a written amendment to this agreement.
X. PROJECT COMPLETION
The grantee shall complete the project by the completion date provided in section “III. TERM OF AGREEMENT”. Upon completion of the project, the grantee shall supply the Conservancy with evidence of completion by submitting the following by the final Request for Disbursement date set forth in section “III. TERM OF AGREEMENT”:
1. The plan and any other work products specified in the work program for the project, each in a format or formats (for example, paper, digital, photographic) approved by the Executive Officer.
2. A fully executed final “Request for Disbursement.” A “final Request for Disbursement” means a Request for Disbursement that includes the withheld amounts and all remaining amounts for which grantee is entitled to seek payment, if any, pursuant to this agreement.
The Conservancy shall determine whether the grantee has satisfactorily completed the project. If so, the Conservancy shall issue to the grantee a letter of acceptance of the project. The project will be deemed complete as of the date of the letter.
XI. EARLY TERMINATION, SUSPENSION AND FAILURE TO PERFORM Before the project has commenced, either party may terminate this agreement for any reason by providing the other party with seven days notice in writing.
Before the project is complete, the Conservancy may terminate or suspend this agreement for any reason by providing the grantee with seven days notice in writing. In either case, the grantee shall immediately stop work under the agreement and take all reasonable measures to prevent further costs to the Conservancy. The Conservancy will be responsible for any reasonable and non-cancelable obligations incurred by the grantee in the performance of this agreement prior to the date of the notice to terminate or suspend, but only up to the undisbursed balance of funding authorized in this agreement. Any notice suspending work under this agreement will remain in effect until further written notice from the Conservancy authorizes work to resume.
If the grantee fails to complete the project as required, or fails to fulfill any other obligations of this agreement prior to the termination date, the grantee will be liable for immediate repayment to the Conservancy of all amounts disbursed by the Conservancy under this agreement. The City of Point Arena
Grant Agreement No. 23-089
Conservancy may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph does not limit any other remedies the Conservancy may have for breach of this agreement.
Before the project is complete, the grantee may terminate this agreement for any reason by providing the Conservancy with seven days notice in writing and repaying to the Conservancy all amounts disbursed by the Conservancy under this agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and allow early termination without repayment for work partially completed.
On or before the date of termination of the agreement under this section, whether terminated by the grantee or the Conservancy, the grantee shall provide the Conservancy with all work, material, data, information, and written, graphic or other work produced, developed or acquired under this agreement (whether completed or partial), in appropriate, readily useable form.
The parties expressly agree to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this agreement under this section.
The grantee shall include in any agreement with any contractor retained for work under this agreement a provision that entitles the grantee to suspend or terminate the agreement with the contractor for any reason on written notice and on the same terms and conditions specified in this section.
XII. INDEMNIFICATION AND HOLD HARMLESS
The grantee shall be responsible for, indemnify and hold harmless the Conservancy, its officers, agents and employees from any and all liabilities, claims, demands, damages, or costs, including without limitation litigation costs and attorneys fees, resulting from or arising out of the willful or negligent acts or omissions of the grantee, its officers, agents, contractors, subcontractors and employees, or in any way connected with or incident to this agreement, except for the active negligence of the Conservancy, its officers, agents or employees. The duty of the grantee to indemnify and hold harmless includes the duty to defend as provided in Civil Code Section 2778. This agreement supersedes any right the grantee may have as a public entity to indemnity and contribution as provided in Gov. Code Sections 895 et seq.]
The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this agreement.
Nothing in this agreement is intended to create in the public or in any member of it rights as a third-party beneficiary under this agreement.
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XIII.INSURANCE
Throughout the term of this agreement, the grantee shall procure and maintain insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the grantee or its agents, representatives, employees, volunteers, or contractors associated with the project undertaken pursuant to this agreement.
As an alternative, with the written approval of the Executive Officer, the grantee may satisfy the coverage required by this section in whole or in part through: (a) its contractors’ procurement and maintenance of insurance for work under this agreement, if the coverage otherwise fully satisfies the requirements of this section; or (b) the grantee’s participation in a “risk management” plan, self insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
a. Insurance Services Office (“ISO”) Commercial General Liability coverage, occurrence basis (Form CG 00 01) or comparable.
b. Automobile Liability coverage - ISO Form Number CA 0001, Code 1 (any auto). c. Workers’ Compensation insurance as required by the Labor Code of the State of California, and Employer’s Liability insurance.
d. If the project will utilize watercraft, coverage must be in place through a commercial general liability endorsement or a separate Watercraft/Protection and Indemnity Insurance Policy to cover activities to be performed under this Agreement. Such insurance must cover liability arising out of the maintenance and use of any watercraft covering owned, hired and non-owned vessels. The certificate of insurance must evidence that all owned, hired and non-owned vessels are covered.
2. Minimum Limits of Insurance. Grantee shall maintain coverage limits no less than:
a. General Liability:
(Including operations,
products and completed
operations, as applicable)
$2,000,000 per occurrence for bodily injury,
personal injury and property damage. If
Commercial General Liability Insurance or other
form with a general aggregate limit is used, either
the general aggregate limit must apply separately
to the activities under this agreement, or the
general aggregate limit must be twice the required
occurrence limit.
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Grant Agreement No. 23-089
b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
c. Worker’s Compensation
and Employer’s Liability:
Worker’s compensation as required by law and
Employer’s Liability of no less than $1,000,000
per accident for bodily injury or disease.
d. Watercraft Liability (for
private vessel) coverage, if
required under 1.d., above:
In the following amounts:
a. Vessels under 26 ft.: $1,000,000 combined
single limit.
b. Vessels over 26 ft. or vessel involved in
research: $2,000,000 combined single limit.
3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Officer.
4. Required Provisions Concerning the Conservancy and the State of California. a. The grantee shall notify the Conservancy within two days of receipt of notice that any required insurance policy will lapse or be cancelled. At least ten days before an insurance policy held by the grantee lapses or is cancelled, the grantee shall provide the Conservancy with evidence of renewal or replacement of the policy. b. The grantee hereby grants to the State of California, its officers, agents, employees, and volunteers, a waiver of any right to subrogation which any insurer of the grantee may acquire against the State of California, its officers, agents, employees, and volunteers, by virtue of the payment of any loss under such insurance. Grantee agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the grantee has received a waiver of subrogation endorsement from the insurer.
c. The general liability and automobile liability policies must contain, or to be endorsed to contain, the following provisions:
i. The State of California, its officers, agents and employees are additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the grantee; and with respect to liability arising out of work or operations, including completed operations, performed by or on behalf of the grantee including materials, parts or equipment furnished in connection with such work or operations.
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Grant Agreement No. 23-089
ii. For any claims related to this agreement, the grantee’s insurance coverage must be primary insurance with respect to the State of California, its officers, agents and employees, and not excess to any insurance or self-insurance of the State of California.
iii. The limits of the additional insured coverage must equal the limits of the named insured coverage regardless of whether the limits of the named insurance coverage exceed those limits required by this agreement. d. Coverage does not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
5. Acceptability of Insurers. Insurance must be placed with insurers admitted to transact business in the State of California and having a current Best’s rating of “B+:VII” or better or, in the alternative, acceptable to the Conservancy and approved in writing by the Executive Officer.
6. Verification of Coverage. The grantee shall furnish the Conservancy with original certificates and amendatory endorsements, or copies of the applicable policy language, effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Executive Officer before work commences. The Conservancy reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage, at any time.
7. Contractors. The grantee shall include all contractors as insureds under its policies or shall require each contractor to provide and maintain coverage consistent with the requirements of this section. To the extent generally available, grantee shall also require each professional contractor to provide and maintain errors and omissions liability insurance appropriate to the contractor’s profession and in a reasonable amount in light of the nature of the project with a minimum limit of liability of $1,000,000.
8. Premiums and Assessments. The Conservancy is not responsible for premiums and assessments on any insurance policy.
XIV. AUDITS/ACCOUNTING/RECORDS
The grantee shall maintain financial accounts, documents, and records (collectively, “required records”) relating to this agreement, in accordance with the guidelines of “Generally Accepted Accounting Principles” (“GAAP”) published by the American Institute of Certified Public Accountants. The required records include, without limitation, evidence sufficient to reflect properly the amount, receipt, deposit, disbursement of all funds related to work under the City of Point Arena
Grant Agreement No. 23-089
agreement, and time and effort reports that permit tracing from the request for disbursement forms to the accounting records and to the supporting documentation.
Additionally, the Conservancy or its agents may review, obtain, and copy all required records.
The grantee shall provide the Conservancy, California State Auditor, their officers, employees and agents with any relevant information requested and with access to the grantee’s premises upon reasonable notice, during normal business hours, to interview employees and inspect and copy books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this agreement and any applicable laws and regulations.
The grantee shall retain the required records for a minimum of three years following final disbursement by the Conservancy. The records will be subject to examination and audit by the Conservancy and the California State Auditor during the retention period.
If the grantee retains any contractors to accomplish any of the work of this agreement, the grantee shall first enter into an agreement with each contractor requiring the contractor to meet the terms of this section and to make the terms applicable to all subcontractors.
The Conservancy may disallow all or part of the cost of any activity or action that it determines to be not in compliance with the requirements of this agreement.
XV. COMPUTER SOFTWARE
The grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this contract, state funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws.
XVI. NONDISCRIMINATION
During the performance of this agreement, the grantee and its contractors shall not deny the agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The grantee shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. The grantee and contractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated City of Point Arena
Grant Agreement No. 23-089
thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the Conservancy to implement such article. The grantee shall permit access by representatives of the Department of Fair Employment and Housing and the Conservancy upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the Conservancy shall require to ascertain compliance with this clause. The grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) The grantee shall include the nondiscrimination and compliance provisions of this clause in all contracts to perform work under this agreement.
XVII. AMERICANS WITH DISABILITIES ACT
By signing this agreement, grantee certifies that it is in compliance with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C., 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
XVIII.PREVAILING WAGE
Work done under this grant agreement may be subject to the prevailing wage and other related requirements of the California Labor Code, Division 2, Part 7, Chapter 1, sections 1720-1861.
If required by law to do so, the grantee shall pay prevailing wage to all persons employed in the performance of any part of the project and otherwise comply with all associated requirements and obligations.
The grantee is responsible for determining whether the project is subject to prevailing wage laws, and for complying with all labor laws applicable to the project. The grantee may also review the Conservancy publication, Information on Current Status of Prevailing Wage Laws for State Coastal Conservancy Grantees (May 2018), available from the Conservancy on request, which provides general information and is not legal advice to the grantee on whether the grantee’s project is subject to prevailing wage laws.
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XIX. DRUG-FREE WORKPLACE
The grantee’s signature on this agreement constitutes the certification required by Government Code Section 8355 (Drug-Free Workplace Act of 1990), which requires that all state grantees provide a drug-free workplace by doing all of the following:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person’s or organization’s workplace and specifying actions that will be taken against employees for violations of the prohibition.
2. Establishing a drug-free awareness program to inform employees about all of the following:
a. The dangers of drug abuse in the workplace.
b. The person’s or organization’s policy of maintaining a drug-free workplace. c. Any available drug counseling, rehabilitation, and employee assistance programs. d. The penalties that may be imposed upon employees for drug abuse violations.
3. Requiring that each employee engaged in the performance of the grant be given a copy of the drug-free workplace statement and that, as a condition of employment on the grant, the employee agrees to abide by the terms of the statement.
XX. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the Conservancy determine the grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement.
The Conservancy shall provide the grantee advance written notice of such termination, allowing the grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the Conservancy.
XXI.INDEPENDENT CAPACITY
The grantee, and the agents and employees of the grantee, in the performance of this agreement, are acting in an independent capacity and not as officers or employees or agents of the State of California.
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Grant Agreement No. 23-089
XXII. ASSIGNMENT
Without the written consent of the Executive Officer, this agreement is not assignable by the grantee in whole or in part.
XXIII.TIMELINESS
Time is of the essence in this agreement.
XXIV. EXECUTIVE OFFICER’S DESIGNEE
The Executive Officer shall designate a Conservancy project manager who will have authority to act on behalf of the Executive Officer with respect to this agreement. The Executive Officer shall notify the grantee of the designation in writing.
XXV. AMENDMENT
Except as expressly provided in this agreement, no change in this agreement will be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement will be binding on any of the parties.
XXVI. SURVIVAL
The obligations in sections “VII. WORK PRODUCTS AND ACKNOWLEDGMENT OF CONSERVANCY SUPPORT” and “XII. INDEMNIFICATION AND HOLD HARMLESS” survive the termination of this agreement.
Exhibit 1: Project Location Map
Project Location
Exhibit 1
Maxar, Microsoft
Proposed Arena Cove Trail
Existing Coastal Trail
Coast Guard Inn Property 0 0.03 0.05 0.1
Miles
Point Arena
City Hall
Arena Cove Coastal Trail Link
COASTAL CONSERVANCY
Staff Recommendation
November 30, 2023
ARENA COVE HARBOR ACCESS AND RESILIENCE PLAN
Project No. 23-070-01
Project Manager: Michael Bowen
RECOMMENDED ACTION: Authorization to disburse up to $485,000 to the City of Point Arena in Mendocino County to prepare the Arena Cove Harbor Access and Resilience Plan, which will include plans, designs, and environmental review for a variety of improvements to protect and enhance existing and future use of the Point Arena Pier, Harbor, and Cove for commercial and recreational purposes.
LOCATION: Arena Cove, City of Point Arena, Mendocino County.
EXHIBITS
Exhibit 1: Project Location Map
Exhibit 2: Point Arena Pier Conditions Assessment Report Exhibit 3: Project Letters
RESOLUTION AND FINDINGS
Staff recommends that the State Coastal Conservancy adopt the following resolution and findings.
Resolution:
The State Coastal Conservancy hereby authorizes a grant of an amount not to exceed four hundred eighty-five thousand dollars ($485,000) to the City of Point Arena (the “grantee”) to prepare the Arena Cove Harbor Access and Resilience Plan, which will include plans, designs, and environmental review for a variety of improvements to protect and enhance existing and future use of the Point Arena Pier, Harbor, and Cove for commercial and recreational purposes in the City of Point Arena, Mendocino County (the “project”).
Prior to commencement of the project, the grantee shall submit for the review and written approval of the Executive Officer of the Conservancy (Executive Officer) the following:
1. A detailed work program, schedule, and budget.
2. Names and qualifications of any contractors to be retained in carrying out the project.
Exhibit 2
ARENA COVE HARBOR ACCESS AND RESILIENCE PLAN
3. In addition, to the extent appropriate, the grantee shall incorporate the guidelines of the Conservancy’s ‘Coastal Access Project Standards.’
Findings:
Based on the accompanying staff recommendation and attached exhibits, the State Coastal Conservancy hereby finds that:
1. The proposed authorization is consistent with Chapter 3 of Division 21 of the Public Resources Code, regarding Urban Waterfront Restoration and a System of Public Accessways, respectively.
2. The proposed project is consistent with the current Conservancy Project Selection Criteria.
STAFF RECOMMENDATION
PROJECT SUMMARY:
Staff recommends the Conservancy authorize a $485,000 grant to the City of Point Arena (the “City”) to prepare the Arena Cove Harbor Access and Resilience Plan (the “project”). The project includes preparing designs and environmental compliance materials for a variety of improvements intended to protect and enhance existing and future use of the Point Arena Pier, Cove, and Harbor for commercial and recreational purposes in light of sea level rise.
Although popular with visitors and residents alike, infrastructure in the Harbor, specifically the Pier, is deteriorated and in dire need of both repair and adaptation to changing conditions wrought by rising seas and increasingly severe storms. Wave overwash has played an important and destructive role at this exposed coastal site.
The original wood pier was destroyed by unprecedented El Niño storms in 1983, prompting a series of Conservancy actions in Arena Cove. First, the Conservancy authorized funds in 1984 to study the feasibility of and prepare designs for the repair of the Pier. Later that year, the Conservancy authorized a grant of $265,000 to the City to acquire 38 acres in the Cove to facilitate rebuilding the Pier and Harbor. Finally, the City proceeded to secure $1.97 million to replace the Pier with a new 320 foot pier, built in 1985 with steel pipe piles and precast concrete caps and panels. The Pier replacement project, funded in part with a $200,000 grant from the Conservancy, was constructed with an estimated 30-year life expectancy. The Pier has survived well past its anticipated life and is in need of repair.
Nearly forty years later, the Point Arena Pier, the centerpiece of the Harbor, has been professionally evaluated for stability at the direction of the State Lands Commission and found to be deficient (Exhibit 2). In fact, a recent failure of the boat cable caused a commercial fishing vessel to fall into the sea, causing minor damage. Wave overwash has damaged pier fender pilings and the floating dock/gangway popular with kayakers. The pier pilings are deteriorating, and some require immediate replacement. The safety railings along the edge are severely corroded, placing visitors at risk. The high-demand public restroom located on the existing pier is at the end of its useful life. The proposed authorization will provide necessary funding for planning and design to address these issues.
ARENA COVE HARBOR ACCESS AND RESILIENCE PLAN
In addition to designing repairs and amenities at the Pier, the project will provide the City with the opportunity to conduct a full-scale resilience planning effort for the Cove, including the Harbor (see Exhibit 1). The now closed public restrooms in the upper Cove (Rockwall) sit atop a failed septic system located along the floodplain of Point Arena Creek, and the plan will identify feasible alternative sites for restrooms and possible lower cost overnight accommodations at this highly popular coastal destination. These efforts are intended to diversify the range of uses in the Cove.
Specific elements of the project include:
• Engineering services for pier structural components;
• Design/architectural plans for pier harbormaster office and public restroom/shower; • Design/architectural plans for Rockwall property public restroom/showers; • Design plans for commercial fishing ice machine;
• Design plans for improved beach access to Arena Cove Beach; • Community plan for lower cost overnight accommodation in the Cove; and • Environmental surveys, environmental review, and permit application materials.
The proposed project will advance and enhance both urban waterfront restoration and public access in light of sea level rise and increasingly severe storm events along this exposed and breathtakingly scenic portion of the northern California coast.
Changing conditions along waterfronts everywhere dictate a more thoughtful and innovative approach to developing design standards for urban waterfront restoration and public access where the built environment is exposed to new risks. The proposed plan will incorporate state of the art adaptation designs and resilience features for harbor infrastructure and amenities.
Though a city with a small population, Point Arena has an active community dedicated to engagement and participation. Arena Cove Stewards, Mendocino Land Trust (MLT), the City and the Kashiya Pomo have all expressed interest in this planning process as well as participation in its development. The proposed project includes a community outreach effort led by the Arena Cove Stewards in conjunction with MLT and the City. This includes coordination with the Manchester Band of Pomo Indians. Letters of support are attached (Exhibit 3).
Site Description: The City of Point Arena is located in southern Mendocino County approximately ten miles north of Gualala and the Sonoma/Mendocino County line. The City wraps around Arena Cove, which in turn accommodates the Arena Cove Harbor. Point Arena Creek flows downhill from the city center and enters the Pacific Ocean on the south end of the Cove.
The Cove features an historic district of various historic Coast Guard facilities including the Coast Guard Inn (historic Coast Guard residence) and the Coast Guard Boat House (historic rescue boat launch site). The Cove also features Point Arena’s 330-foot long public Pier for fishing, a hub for sport and commercial fishing activities, kayaking, surfing, and the launch of pleasure craft. Sea urchin, crab, and salmon are popular yields of the commercial fishing vessels
ARENA COVE HARBOR ACCESS AND RESILIENCE PLAN
that are launched by hoist off the Pier, which was reconstructed in 1983 after a storm destroyed its predecessor.
Prior to the 1860s, The Cove was one of many sites along this stretch of coast which utilized chutes and wire trapeze rigging to load the small coastal schooners with redwood lumber and other cargo. Most of these ports were so small they were called dog-hole ports—since they supposedly were just big enough to allow a dog to get in and out. Dozens of these were built, and almost any small cove or river outlet was a prime candidate for a chute. Luckily, the captains of these schooners were masters of their art and were able to get in and out of places like Hard Scratch and Nip-and-Tuck. Nonetheless, shipwrecks were common, hence the emphasis on and reverence for Coast Guard history.
The proposed plan will expand upon earlier investments to Point Arena described below.
Grant Applicant Qualifications: The City has administered Conservancy and other grants before, including for pier repairs and property acquisitions in the Harbor, and, as owner of the Pier and much of the Harbor, is uniquely qualified and appropriate to serve as grantee.
CONSISTENCY WITH CONSERVANCY’S PROJECT SELECTION CRITERIA:
The proposed project is consistent with the Conservancy’s Project Selection Criteria, last updated on September 23, 2021, in the following respects:
Selection Criteria
1. Extent to which the project helps the Conservancy accomplish the objectives in the Strategic Plan.
See the “Consistency with Conservancy’s Strategic Plan” section below.
2. Project is a good investment of state resources.
Recreation and tourism long ago replaced logging and commercial fishing as the key economic mainstays on the Mendocino Coast. Yet just as the historic industries face challenges, so, too, do new industries in this sparsely populated region. State assistance to rural economies is crucial to the well-being of those communities and the people who visit and enjoy them.
The Harbor is a challenging environment for the hearty sport and commercial fishermen who depend on it. The nearest harbor to Point Arena is Noyo Harbor, approximately 40 miles north of Point Arena. The few fishermen still utilizing the pier must travel that distance to obtain ice for their holds, unnecessarily consuming diesel and contributing to emissions. The proposed project will provide the necessary plans, designs and environmental review for improvements to help revitalize this small urban waterfront.
Point Arena has benefitted from an influx of tourism following the Conservancy funded acquisitions of the Stornetta Ranch and Point Arena Ranch, now part of the Bureau of Land Management’s California Coastal Monument. The subsequent opening of the Point Arena Bluff Trail to hikers, along with the Cove and its pier, remains a big draw for visitors seeking proximity to the water. The Cove is popular with kayakers, surfers, and birdwatchers in addition to sport and commercial fishermen. State investment in this area is vital to the economic survival of this remote and disadvantaged community.
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3. Project includes a serious effort to engage tribes. Examples of tribal engagement include good faith, documented efforts to work with tribes traditionally and culturally affiliated to the project area.
The City has initiated outreach to the Manchester Band of Pomo Indians as well as Kashiya Construction (a tribally-owned and operated construction firm) about this proposal. As part of the proposed project, the City will engage with the Manchester Band of Pomo Indians to communicate early the nature of the plan and the desire and opportunity to describe traditional stewardship and cultural practices in any the interpretive materials. The City will seek input on how to design the infrastructure in order to promote future traditional uses, educational opportunities for visitors, and appropriate archaeological evaluation of the project area. The outreach to tribes will be conducted in a manner that seeks to be as respectful of time limits and capacity as possible, including compensation for assistance developing the plan.
4. Project benefits will be sustainable or resilient over the project lifespan.
The purpose of the project is to develop plans for harbor and access improvements that will be resilient to sea level rise and other impacts from climate change such as anticipated stronger storm surges. Primary project elements proposed for planning will ensure durability of marine and land-based infrastructure for at least twenty years, inclusive of sea level rise projections during that period.
5. Project delivers multiple benefits and significant positive impact.
With limited opportunities to access waterfront property directly and easily in southern Mendocino County due to its marine terraces and bluffs, the Cove and its surroundings provide a fully accessible site that is level, mostly paved, yet stunningly beautiful and relatively uncrowded. This setting is an excellent site for people with mobility impairments. In addition, the Mendocino Land Trust, supported by the Coastal Conservancy, is currently advancing a coastal trail link from the Cove to the Stornetta Bluff trail, which in turn leads all the way to the Point Arena Lighthouse two miles to the north.
The proposed plan will ensure that the City and its coastal resources are prepared to withstand sea level rise as well as increasingly severe storms while still maintaining a viable harbor and visitor serving destination on the beautiful Mendocino Coast.
6. Project planned with meaningful community engagement and broad community support.
The City is a hotbed of community engagement. The City and other interest groups locally have held numerous community meetings to discuss Cove-related priorities over the years.
Community input has been forceful and influential locally. The City held a round table with community members in 2019 (fishermen, game warden, harbor staff) to gather input on how to solve wave overwash problems, as well as ideas for small boat and kayak launch alternatives.
Nearly all participants supported a retreat from the west end of the parking lot and rip rap removal along the coast.
Lacking community support, the City nonetheless applied for funding from the Federal Emergency Management Agency (FEMA) and permits to restore the parking lot and add new armoring, including construction of a new seawall. In response, the City, population 460,
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received a petition with over 600 signatures requesting that the City seek a better alternative.
Accordingly, the City conducted parking lot repairs with a reduced length sea wall, drainage and bioretention facility, all FEMA funded. Outflow from Point Arena Creek in 2022-23 promptly undercut the new seawall. The project will provide the community with suitable resources and expertise to develop realistic alternatives for this exposed site that are both resilient over time, and supportive of the recreation and access-based economy the Cove now supports.
The City has reached out to the Manchester Band of Pomo Indians to discuss the project. The City will work hand in hand with the Arena Cove Stewards (ACS), a non-profit dedicated to the protection and enhancement of this working North Coast harbor.
PROJECT FINANCING
Coastal Conservancy $485,000
Arena Cove Stewards $5,000
Project Total $490,000
Conservancy funding is anticipated to come from a Fiscal Year 2022/23 appropriation from the Greenhouse Gas Reduction Fund (GGRF) to the Conservancy for urgent sea level rise adaptation and coastal resilience needs (Budget Act of 2022, as amended by the Budget Act of 2023, SB 101, Chapter 12, Statutes of 2023). The Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act (Health and Safety Code (HSC) Sections 39710 – 39723) requires that GGRF funds be used to (1) facilitate the achievement of reductions of GHG emissions consistent with the Global Warming Solutions Act of 2006 (HSC Sections 38500 et seq), and (2) to the extent feasible, achieve other co-benefits, such as maximizing economic, environmental and public health benefits and directing investment to disadvantaged communities (HSC 39712(b)). The Global Warming Solutions Act of 2006 sets forth certain GGRF funding priorities (HSC Section 38590.1).
The California Air Resources Board (“CARB”) has adopted guidelines that establish program goals that agencies must achieve with their GGRF funds. Consistent with the CARB 2018 Funding Guidelines, the proposed project will help the Conservancy meet its GGRF program goals because the project will:
• Facilitate greenhouse gas emission reductions (which includes carbon sequestration) and further the purposes of AB 32 and related statutes; • Benefit Priority Populations (disadvantaged communities, low-income communities, or low-income households);
• Maximize economic, environmental, and public health co-benefits to the State; • Foster job creation and job training, wherever possible; • Avoid substantial burdens to disadvantaged communities and low-income communities; • Leverage funds to provide multiple benefits and to maximize benefits; and
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• Conduct outreach to help potential applicants access funding, particularly for disadvantaged communities, low-income communities, or low-income households.
The proposed project will meet these objectives by planning for reconstruction of a fishing pier and boat launch, and appurtenant structures, to be resilient to urgent sea-level rise, storm surge, and tsunamis, which will enable avoidance of flooding and infrastructure damage and the resulting greenhouse gas emissions from remediation and rebuilding. The plan will also evaluate the potential for development of a commercial ice machine so that fishing boats do not need to travel 40 miles north to the next nearby harbor to obtain ice, thereby reducing greenhouse gas emissions due to that travel. In addition, the project will explore incorporating habitat features on the new pier and supports, thereby supporting the research, development, and deployment of innovative measures and practices. The project also benefits disadvantaged communities and fosters job training by facilitating a construction project in a disadvantaged community. The project will provide economic benefits to the State by facilitating reconstruction of a commercial fishing dock thereby protecting jobs in the commercial fishing industry.
Arena Cove Stewards has raised $5,000 (an average of $11/resident) to support the Citizens’ Dock planning component of the project. Indicative of Point Arena’s community spirit, these funds derive from a fish taco event held to raise funds for this purpose. While a relatively small contribution, it is significant for a small and disadvantaged community of 460 residents.
The proposed project will meet these objectives by enhancing public access to the Cove. It will provide public access and recreation opportunities for the public including neighboring disadvantaged communities. The project leverages prior federal investments in the upkeep of the Pier.
In selecting this project for a grant, the Conservancy has considered its Strategic Plan, the State Agency Sea Level Rise Action Plan, geographic areas of vulnerability, disadvantaged communities, and opportunities for federal financial support.
Unless specifically identified as “Required Match,” the other sources of funding and in-kind contributions described above are estimates. The Conservancy does not typically require matching funds or in-kind services, nor does it require documentation of expenditures from other funders or of in-kind services. Typical grant conditions require grantees to provide any funds needed to complete a project.
CONSISTENCY WITH CONSERVANCY’S ENABLING LEGISLATION:
The proposed authorization is undertaken pursuant to and is consistent with the Conservancy’s enabling legislation, Division 21 of the Public Resources Code, specifically Chapter 3 (Sections 31113 and 31111).
Section 31111 authorizes the Conservancy to award grants to public agencies to fund plans and feasibility studies that implement Division 21.
The proposed project would be undertaken pursuant to Section 31113 of Chapter 3 of Division 21 of the Public Resources Code, which authorizes the Conservancy to undertake projects to
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address the impacts and potential impacts of climate change on resources within the Conservancy’s jurisdiction.
Pursuant to Section 31113(b), the Conservancy is authorized to award grants to nonprofit organizations and public agencies to undertake projects, including those that reduce greenhouse gas emissions or address extreme weather events, sea level rise, flooding, and other coastal hazards that threaten coastal communities, infrastructure, and natural resources.
Pursuant to Section 31113(c), the Conservancy must prioritize grants for projects that maximize public benefits and have one of several purposes, including enhancing coastal natural lands and reducing flood risk.
Consistent with these provisions, the proposed authorization would award a grant to the City of Point Arena, a public entity, to prepare a harbor access and resilience plan. The plan will produce designs for the pier and harbor that ensure protection against severe storms, sea level rise, flooding and other coastal hazards. The plan will also make proposals to diversify the harbor’s uses and income sources, by examining new approaches to protection of natural resources in the Cove, improvement of boating access, development of recreational and visitor-serving facilities.
The proposed authorization is thus consistent with §31111.
CONSISTENCY WITH CONSERVANCY’S 2023-2027 STRATEGIC PLAN:
Consistent with Goals 1.1 (Commit Funding to Benefit Systematically Excluded Communities) and 1.3 (Support Systematically Excluded Communities), respectively, the proposed project will commit funding to benefit systemically excluded, disadvantaged, rural, and tribal communities of the Mendocino coast, and support meaningful engagement by those systemically excluded communities in the improvement of their local infrastructure.
Consistent with Goal 1.4 Incorporate Workforce Development in Our Projects, this planning grant and future implementation grants will identify means to incorporate local workforce development into the community planning and revitalization of this important coastal community asset.
Consistent with Goal 2.3 Access Projects That Reduce Barriers to Coastal Access, this planning grant will ensure that public access improvements at the Cove reduce barriers to coastal access for people with disabilities.
Consistent with Goal 2.5 Enhance Recreational Amenities, this planning grant will prepare the community to enhance recreational amenities including restrooms, parking, paths, interpretive centers, picnic areas, water fountains, camping, and signage.
Consistent with Goal 2.6 Piers and Waterfronts, the proposed project will result in the completion of one of the eight plans identified under this Goal. In doing so, the project supports a multi-benefit, coastal resilience project that revitalizes an important but deteriorating waterfront.
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CEQA COMPLIANCE:
The project consists of feasibility and planning studies for possible future actions that have not yet been approved or funded, and data collection and resource evaluation activities that will not result in a serious or major disturbance to an environmental resource. The project is therefore statutorily exempt from CEQA pursuant to 14 California Code of Regulations Section 15262 and categorically exempt pursuant to 14 California Code of Regulations Section 15306.
Consistent with Section 15262, the project will consider environmental factors.
Upon approval of the project, Conservancy staff will file a Notice of Determination.