COASTAL CONSERVANCY. Staff Recommendation June 16, 2005 MALIBU ACCESS: DAN BLOCKER BEACH. File No Project Manager: Marc Beyeler

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1 COASTAL CONSERVANCY Staff Recommendation June 16, 2005 MALIBU ACCESS: DAN BLOCKER BEACH File No Project Manager: Marc Beyeler RECOMMENDED ACTION: Authorization to augment the Conservancy s January 29, 2004 authorization by disbursement of settlement funds in an amount up to $20,000 plus accrued interest on this amount to Los Angeles County to construct beach access improvements at Dan Blocker Beach in Malibu. LOCATION: Malibu, Los Angeles County (Exhibits 1 and 2) PROGRAM CATEGORY: Public Access EXHIBITS Exhibit 1: Conservancy Staff Recommendation-January 29, 2004 Exhibit 2: Agreement between Coastal Conservancy and Save Open Space Santa Monica Mountains RESOLUTION AND FINDINGS: Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant to Sections et seq. of the Public Resources Code: The State Coastal Conservancy hereby augments its January 29, 2004 authorization by approving the disbursement of settlement funds in an amount not to exceed twenty thousand dollars ($20,000) to Los Angeles County to construct beach access improvements at Dan Blocker Beach, located at Pacific Coast Highway, Malibu, and as more specifically described in Exhibit 1 to the accompanying staff recommendation, subject to the conditions imposed by the Conservancy in its January 29, 2004 authorization. Staff further recommends that the Conservancy adopt the following findings: Based on the accompanying staff report and attached exhibits, the State Coastal Conservancy hereby finds that the proposed authorization remains consistent with the Conservancy s January 29, 2004 authorization with respect to its enabling legislation and project selection criteria and guidelines. Page 1 of 2

2 MALIBU ACCESS: DAN BLOCKER BEACH PROJECT SUMMARY: In January 29, 2004 the Coastal Conservancy approved funding to support construction of public access improvements at Dan Blocker beach in Malibu. (See Exhibit 1). Later in the year, the Conservancy agreed to receive settlement funds from dismissed litigation of $20,000 from Save Open Space Santa Monica Mountains to develop coastal access along the Malibu Coast. The Conservancy and Save Open Space Santa Monica Mountains have agreed that the funds should be used to support the facilities at Dan Blocker beach (See Exhibit 2). The proposed Dan Blocker Beach improvement project is located at Pacific Coast Highway in the City of Malibu and further explained in the Conservancy s January 29, 2004 staff recommendation. (See Exhibit 1). Site Description, Project History, Enabling Legislation, Strategic Plan Goals and Objectives, Project Selection Criteria and Guidelines, Local Coastal Program: These sections remain consistent with the Conservancy s January 29, 2004 authorization. (See Exhibit 1). PROJECT FINANCING: Coastal Conservancy (January 2004) $ 700,000 Coastal Conservancy (Settlement Funds) 20,000 Los Angeles County 500,000 Total Project Cost $1,270,000 The funding source for this authorization would be settlement funds from dismissed litigation (See Exhibit 2). COMPLIANCE WITH CEQA: This authorization does not have the potential for physical change to the environment as defined in California Code of Regulations Section The project was analyzed in a Mitigated Negative Declaration prepared by the County of Los Angeles and approved by the Conservancy in its January 29, 2004 authorization. (See Exhibit 1). A Notice of Determination was filed by the Conservancy in February Page 2 of 2

3 Exhibit 1: Staff Recommendation, January 29, 2004 COASTAL CONSERVANCY Staff Recommendation January 29, 2004 MALIBU ACCESS: DAN BLOCKER BEACH File No Project Manager: Marc Beyeler RECOMMENDED ACTION: Authorization to disburse up to $700,000 to Los Angeles County to construct beach access improvements at Dan Blocker Beach in Malibu. LOCATION: Malibu, Los Angeles County (Exhibits 1 and 2) PROGRAM CATEGORY: Public Access EXHIBITS Exhibit 1: Regional Map Exhibit 2: Project Map Exhibit 3: Project Site Plan Exhibit 4: Initial Study/Mitigated Negative Declaration Exhibit 5: Letters of Support RESOLUTION AND FINDINGS: Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant to Sections et seq. of the Public Resources Code: The State Coastal Conservancy hereby authorizes the disbursement of an amount not to exceed seven hundred thousand dollars ($700,000) to Los Angeles County to construct beach access improvements at Dan Blocker Beach, as more specifically described in the accompanying staff recommendation, subject to the following conditions: 1. Prior to the disbursement of any funds for the construction of improvements at Dan Blocker Beach, the County shall submit for the review and written approval of the Conservancy s Executive Officer: a. A final work program, budget and construction schedule; b. The names and qualifications of any contractors or subcontractors that the County intends to employ to implement the project; c. A signing plan for the project acknowledging Conservancy participation; and Page 1 of 5

4 MALIBU ACCESS: DAN BLOCKER BEACH d. Written evidence that all permits and approvals necessary to the implementation and completion of the project under applicable local, state and federal laws and regulations have been obtained. 2. Conservancy funding shall be acknowledged by erecting and maintaining a sign on the property, the design and location of which has been reviewed and approved by the Conservancy s Executive Officer." Staff further recommends that the Conservancy adopt the following findings: Based on the accompanying staff report and attached exhibits, the State Coastal Conservancy hereby finds that: 1. The proposed authorization is consistent with Public Resources Code Sections et seq. regarding public access to the coast. 2. The proposed project is consistent with the Project Selection Criteria and Guidelines adopted by the Conservancy on January 24, The proposed project serves greater than local need. 4. The Conservancy has independently reviewed the County s Final Mitigated Negative Declaration attached to the accompanying staff recommendation as Exhibit 4, and finds that the project avoids, reduces or mitigates the possible significant effects and that there is no substantial evidence that the project will have a significant effect on the environment, as defined in 14 Cal. Code of Regulations Section PROJECT SUMMARY: The proposed Dan Blocker Beach improvement project is located at Pacific Coast Highway in the City of Malibu (Exhibit 2). The proposed project would include the construction of a 13-space parking area, beach access stairway, park site amenities, and a restroom facility. The proposed project site consists of approximately two acres of vacant land, fencing, and deteriorated paving. The existing deteriorated paving and fencing would be demolished as part of the project (Exhibit 3). The improvements would be located in an area of approximately 600 linear feet and would have a width of approximately 50 to 65 feet. Park site amenities would include picnic tables, bench seating, potable drinking foundations, trash receptacles, and chemical toilets. Walkways would join the parking area with the park site amenities and beach access. Bench seating, overlooking the ocean, would be provided along the walkways. Access to the project site would be provided from a one-way driveway off Pacific Coast Highway. The ingress and egress portion of the driveways would be gated with locking steel gates for security. Traffic directional signage would be provided to regulate vehicle movement from Pacific Coast Highway to the proposed project site. Landscaping would also be provided as part of the proposed project, involving the installation of native plants for erosion control. Drainage of the site would be directed towards Pacific Coast Highway and would not drain onto the beach. Site Description: The Dan Blocker Beach Project site is located at Pacific Coast Highway, in the City of Malibu on the northern rim of Santa Monica Bay, west of Corral Canyon Page 2 of 5

5 MALIBU ACCESS: DAN BLOCKER BEACH Road, and east of Seagull Way. Dan Blocker includes the formerly designed Corral Beach, totaling approximately 11 acres. Dan Blocker Beach includes four noncontiguous parcels. The proposed Dan Blocker Beach project is approximately two acres and located in the central eastern portion of the beach and is designated as Open Space in the Malibu General Plan. Surrounding land use to the east is mobile home residential and commercial development; to the west is mobile home residential with some multi-family residential; and directly to the north is recreation vehicle park and rural residential land. The proposed site of the Dan Blocker Beach project is immediately accessible from Pacific Coast Highway. Dan Blocker Beach contains both level areas and steep cliffs. The beach s width varies between 20 and 150 feet. The majority of the proposed site is relatively flat. The proposed project site is fenced along its northern perimeter and is partially covered with vegetation and deteriorated pavement.. Project History: Dan Blocker Beach was originally donated to the State of California by Lorne Greene and Michael Landon in memory of Dan Blocker. The County of Los Angeles was then given the property by the State of California. Conservancy staff has been working with staff of Los Angeles County for the past several years to develop an improvement plan for Dan Blocker Beach. PROJECT FINANCING: Coastal Conservancy $ 700,000 Los Angeles County 500,000 Total Project Cost $1,250,000 The anticipated funding source for this authorization would be from Proposition 40, the California Clean Water, Air, Safe Neighborhood Parks and Coastal Protection Fund for coastal access and urban waterfront projects. Funding will also be provided by the Violation Remediation Account (VRA) which provides funds for coastal access projects. CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION: Consistent with Public Resources Code Sections et seq., the Conservancy has a principal role in the implementation of a system of public accessways to and along the California coastline and may provide up to the total cost of the improvements of land to assure an adequate system of public accessways. CONSISTENCY WITH CONSERVANCY'S STRATEGIC PLAN GOAL(S) & OBJECTIVE(S): Consistent with Goal 2, Objective A, the proposed project would develop a vacant parcel with minor public access improvements. Consistent with Goal 2, Objective B, the project would open an area that is currently inaccessible or closed to public use while respecting the rights of nearby landowners and the need to minimize impacts on sensitive natural resources. Page 3 of 5

6 MALIBU ACCESS: DAN BLOCKER BEACH CONSISTENCY WITH CONSERVANCY'S PROJECT SELECTION CRITERIA & GUIDELINES: The proposed project is consistent with the Conservancy's Project Selection Criteria and Guidelines adopted January 24, 2001, in the following respects: Required Criteria 1. Promotion of the Conservancy s statutory programs and purposes: See the Consistency with Conservancy s Enabling Legislation section above. 2. Consistency with purposes of the funding source: See the Project Financing section above. 3. Support of the public: Public support for coastal access in Malibu is strong. See letters of support in Exhibit Location: The proposed project would be located within the coastal zone of Malibu along a portion of beach currently inaccessible to the public. Development of vertical coastal access at the project site is included in the adopted Local Coastal Plan for Malibu. 5. Need: Coastal access to the Malibu coast is limited. Developing access at this location will help in satisfying regional needs. 6. Greater-than-local interest: Providing increased public access in Malibu is of statewide interest as this is an important portion of Santa Monica Bay, which has inadequate public access. Additional Criteria 7. Urgency: The property is currently not open to public use. Funds are available from the County of Los Angeles for this project at this time. 12. Readiness: Upon approval by the Conservancy, the County will immediately proceed with final design, engineering, and permitting for the project. CONSISTENCY WITH LOCAL COASTAL PROGRAM POLICIES: The project is consistent with the Malibu Local Coastal Program adopted by the California Coastal Commission on September 13, The Local Coastal Program Land Use Plan designates vertical access to Dan Blocker Beach. Specifically, the Plan includes the following policy under 3. Shoreline Access: Proposals to open and provide increased public access to El Sol and Dan Blocker Beaches, where feasible, shall be supported and coordinated with the Los Angeles County of Beaches and Harbors. Further the LCP identifies the improvement of existing vertical accessway, public parking, and restroom facilities on portion of shoreline owned by Los Angeles County at Dan Blocker Beach as a priority project. COMPLIANCE WITH CEQA: The Dan Blocker Beach Acquisition Initial Study/Proposed Mitigated Negative Declaration (MND) (Exhibit 4) was prepared for Los Angeles County by David Evans and Associates in March The MND was circulated for public review from April 12, 2001 through May 14, Page 4 of 5

7 MALIBU ACCESS: DAN BLOCKER BEACH 2001 and the comments received were responded to in the final MND. The MND was adopted by the County s Board of Supervisors on November 4, The County filed its Notice of Determination on November 19, 2003 (see Exhibit 4). The MND found potential environmental effects of the project in the following areas: air quality, geology and soil, hydrology, and water quality. Mitigation measures are included in the project which would effectively mitigate all of the potentially significant environmental effects identified in the MND to avoid or reduce them to a less-than-significant level (see pp. 1-2 through 1-3 of Exhibit 4). The County s adopted Mitigation Monitoring Program incorporates these mitigation measures (see pp. 6-1 through 6-3 of Exhibit 4). The County also made findings that the project does not have the potential to adversely effect wildlife resources as defined under Fish and Game Code Section and 14 Cal. Code of Regulations Section 753.5(d). Conservancy staff has independently reviewed the County s MND. Staff therefore recommends that the Conservancy concur in the County s finding that the MND identifies the project s potential environmental effects and that there is substantial evidence that changes or alterations have been incorporated into the project to avoid, reduce or mitigate those potential impacts to a level of insignificance. Upon approval, staff will file a Notice of Determination for the project. Page 5 of 5

8 Exhibit 2: Agreement between Coastal Conservancy and Save Open Space Santa Monica Mountains AMENDMENT TO AGREEMENT FOR TRANSFER AND EXPENDITURE OF SETTLEMENT FUNDS BETWEEN THE STATE COASTAL CONSERVANCY AND SAVE OPEN SPACE SANTA MONICA MOUNTAINS THE PARTIES HERETO AGREE TO AMEND PARAGRAPH THREE OF THE AGREEMENT OF AUGUST 9, 2004 AS FOLLOWS: 3. The Conservancy shall use the Settlement Funds and any interest earned thereon exclusively for the following purposes: to develop (i.e., plan and/or construct) permanent public access to the ocean or shoreline within the City of Malibu. Disbursement of the Settlement Funds is subject to the conditions that: (1) the agency designated to operate and manage the public access way is a public agency, not a non-profit or other private entity or person; and (2) SOSSMM will receive credit for this contribution to the opening of the public access as follows: (a) in any Conservancy press release announcing the opening of the access, (b) by invitation of members of SOSSMM to the opening/dedication event (if any). STATE COASTAL CONSERVANCY Dated: Dec., 2004 by SAM SCHUCHAT EXECUTIVE OFFICER SAVE OPEN SPACE SANTA MONICA MOUNTAINS Dated: Dec., 2004 by: JAMES WRIGLEY, AUTHORIZED SIGNATORY & BOARD MEMBER, SOSSMM

9 SOSSMM/Conservancy Agreement June 3, 2005 Page -2- AGREEMENT FOR TRANSFER AND EXPENDITURE OF SETTLEMENT FUNDS BETWEEN THE STATE COASTAL CONSERVANCY AND SAVE OPEN SPACE SANTA MONICA MOUNTAINS WHEREAS Save Open Space Santa Monica Mountains (SOSSMM) is a California nonprofit public benefit corporation whose charitable purposes include working to maintain open space, protecting wildlife, and preserving natural resources, and the primary geographical focus is the Santa Monica Mountains National Recreational Area including its coastal zone; and WHEREAS SOSSMM has available twenty thousand ($20,000) dollars (Settlement Funds) as part of a settlement of a now dismissed lawsuit that challenged a coastal development in Malibu, California (Settlement Agreement); and WHEREAS SOSSMM wishes to donate the $20,000 to the State Coastal Conservancy (Conservancy) on the terms and conditions set forth herein; and WHEREAS, the Conservancy is a public entity authorized to receive gifts, donations and other financial support from public and private sources pursuant to California Public Resources Code 31104; and WHEREAS the Conservancy is charged with a principle role in the implementation of a system of public access ways along the state s coastline and is authorized to make grants and expenditures for coastal access acquisition, development and improvement, pursuant to Public Resources Code 31400; and WHEREAS, SOSSMM and the Conservancy agree that the Conservancy can and should be the recipient of the Settlement Funds and can subsequently administer expenditure of these funds consistent with the requirements of the Settlement Agreement; NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Upon execution of this Agreement by both parties, SOSSMM shall effect a transfer of the Settlement Funds to the Conservancy.

10 SOSSMM/Conservancy Agreement June 3, 2005 Page The Conservancy shall deposit the Settlement Funds into an interest-bearing account to be designated by the Conservancy and such funds shall be held and disbursed subject to the terms of this Agreement. 3. The Conservancy shall use the Settlement Funds and any interest earned thereon exclusively for the following purposes: to develop (i.e., plan and/or construct) permanent public access to the ocean or shoreline within the City of Malibu. Disbursement of the Settlement Funds is subject to the conditions that: (1) the agency designated to operate and manage the public access way is a public agency, not a non-profit or other private entity or person; and (2) SOSSMM will receive credit for this contribution to the opening of the public access as follows: (a) in any Conservancy press release announcing the opening of the access, (b) by invitation of members of SOSSMM to the opening/dedication event (if any); and (c) at the location by acknowledging SOSSMM s contribution in any sign identifying contributors to the access way. 4. The Conservancy is not expected or required to expend any of its own funds for land acquisition, improvements, or any other purpose under this Agreement. 5. The Conservancy is not a party to, nor does it assume, accept or undertake any liability for satisfaction of SOSSMM s obligations under the Settlement Agreement or any other agreement SOSSMM has or may undertake in connection with the receipt and/or expenditure of the Settlement Funds. 6. Either SOSSMM or the Conservancy may terminate this Agreement by providing written notification thirty (30) days prior to the date of intended termination. In the event termination is prior to expenditure, or a binding commitment to expend the Settlement Funds, the Conservancy shall return any remaining Settlement Funds and all interest earned thereon by transfer to the Law Offices of Frank P. Angel, 3250 Ocean Park Blvd., #300, Santa Monica, CA The Conservancy shall have no obligation to return Settlement Funds already encumbered by a binding agreement to expend the funds. 7. Upon expenditure of all of the Settlement Funds, the Conservancy shall notify SOSSMM of the closure of the expenditure of the Settlement Funds and the purposes for which the Settlement Funds were used.

11 SOSSMM/Conservancy Agreement June 3, 2005 Page All notifications to the parties shall be at the following addresses: Marc Beyeler James Wrigley Law Offices of South Coast Region Manager Save Open Space Santa Monica Mountains Frank P. Angel Attn: Frank Angel State Coastal P.O. Box Ocean Park Blvd., #300 Conservancy 1130 Broadway Agoura, CA Santa Monica, CA Oakland, CA Tel: (510) Tel: Tel: (310) This Agreement shall take effect when signed by the parties and received in the offices of the Conservancy. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall be deemed an entire agreement. Each party may submit a signature page to this agreement, which, when attached to original counterparts executed by the other party, shall constitute a complete Agreement. 10. This agreement is deemed to have been executed in the County of Alameda. IN WITNESS WHEREOF, the parties to this agreement are as indicated below: STATE COASTAL CONSERVANCY Dated:, 2004 by SAM SCHUCHAT EXECUTIVE OFFICER SAVE OPEN SPACE SANTA MONICA MOUNTAINS Dated:, 2004 by: JAMES WRIGLEY, AUTHORIZED SIGNATORY & BOARD MEMBER, SOSSMM