1 Tyree K. Dorward, Bar No. 211086 Matthew L. Green, Bar No. 227904 2 Lindsay D. Puckett, Bar No. 233852 BEST BEST & KRIEGER LLP 3 655 West Broadway, 15th Floor San Diego, California 92101 4 Telephone: (619) 525-1300 Facsimile: (619) 233-6118 5 E-Mail: [email protected] [email protected] 6 [email protected] 7 Attorneys for Respondent and Defendant 8 CARDIFF SCHOOL DISTRICT, a California EXEMPT FROM FILING FEES public school district PURSUANT TO GOV. CODE, § 6103 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SAN DIEGO -- NORTH COUNTY DIVISION 12 13 SAVE THE PARK AND BUILD THE Case No. 37-2019-00012880-CU-WM-NC 14 SCHOOL, a California unincorporated [CEQA] nonprofit association, Judge: Hon. Earl H. Maas, III 15 Dept.: N-28 Petitioner and Plaintiff, 16 DECLARATION OF LINDSAY D. v. PUCKETT IN SUPPORT OF MOTION 17 FOR RECONSIDERATION OF CEQA CARDIFF SCHOOL DISTRICT, a RULING 18 California public school district, and ROES 1 through 10, inclusive, Hearing Date: January 24, 2020 19 Hearing Time: 1:30 p.m. Respondent and Defendant. Department: N-28 20 Petition Filed: March 8, 2019 21 1st Am. Petition Filed: April 5, 2019 2nd Am. Petition Filed: April 22, 2019 22 Trial Date: October 24, 2019 23 24 25 26 27 28 60288.00007\32541142.1 -1- DECLARATION OF LINDSAY PUCKETT ISO MOTION FOR RECONSIDERATION OF CEQA RULING 1 I, Lindsay D. Puckett, declare as follows: 2 1. I am an attorney at law duly licensed to practice before all courts of the State of 3 California. I am an attorney at Best Best & Krieger LLP, attorneys of record for Respondent 4 Cardiff School District (“District”), in the above-captioned action. As one of the attorneys for the 5 District, I am familiar with the proceedings in this matter, as well as the records maintained in my 6 office relating thereto. 7 2. I have personal knowledge of the following facts, and if called to testify, I would and 8 could testify competently thereto. 9 3. I declare under penalty of perjury under the laws of the State of California that the 10 foregoing is true and correct. R O 1 O 0 11 4. On November 25, 2019, the District and the State of California Department of Parks and L P 1 L F 2
L 9
H R A T F I 5 E 12 Recreation (“DPR”) entered into a Supplemental Project Agreement under the Land and Water N O 1
G
R , S E I Y O E A R F C I I K L W 13 Conservation Fund Program (Project Number 06-01346, Contract 89-14-112) terminating for F A & D F
C A T O ,
O S O W E R 14 convenience the City of Encinitas as a party to the Project Agreement, leaving the District as the G A B B
L E I T T D S S
E E N
B 15 sole grantee. The Supplemental Project Agreement also commits the District “to bring the Project W A
S 5 5 6 16 to a state of recreational usefulness in a manner agreed upon by the District, DPR, and the 17 National Park Service. . . .” A true and correct copy of the Supplemental Project Agreement is 18 attached as Exhibit A. 19 5. On November 27, 2019, my office received a copy of a letter from the Chief of the Office 20 of Grants and Local Services in DPR to the National Park Service – Pacific West Region (“NPS”)
21 dated November 25, 2019. The letter formally recommends final approval of the District’s request 22 for a small conversion boundary adjustment of Section 6(f)(3) protected park land at George A. 23 Berkich Park located at the Cardiff School. Attached to the letter is a copy of the District’s 24 Amended and Restated Resolution Number 19-20-03, dated November 14, 2019, finding that 25 when not needed for school purposes, the District will maintain and keep open the playfields at 26 Cardiff School (also known as George Berkich Park), including the community garden, for public 27 use in perpetuity in the configuration set forth in the boundary adjustment/conversion proposal 28 60288.00007\32541142.1 -9- DECLARATION OF LINDSAY PUCKETT ISO MOTION FOR RECONSIDERATION OF CEQA RULING
Exhibit A STATE OF CALIFORNIA Department of Parks and Recreation SUPPLEMENTAL PROJECT AGREEMENT Land and Water Conservation Fund Program
Project Title: George Berkich Park .
Participant to Supplemental Project Agreement: Cardiff School District
Project Number: 06-01346
Original Contract Number: 89-14-112
Supplemental Contract Number: 89-14-112a
Effective Date: November 25, 2019
Whereas, in 1992, $159,600 In Land and Water Conservation Fund Program (LWCF) grant funds was awarded by the State of California, Department of Parks and Recreation (DPR) to the original Grantees, Cardiff School District (District) and the City of Encinitas (City), to develop the Cardiff School's outdoor recreational facilities into George Berkich Park (Park). The Park consisted of a play area, open sports fields, picnic facilities and associated facilities on the grounds of the Cardiff School District; and
Whereas, any agreements between the District and the City for operation or maintenance of any aspect of the Park, or for Park activities, have/will expire and/or be terminated by the District; and
Whereas, the District owns the Park property as part of the Cardiff School, and remains responsible for operation and maintenance of Cardiff School and the Park,
NOW, THEREFORE, In consideration of the promises and covenants hereinafter contained, DPR and the District (the 'Parties") agree as follows: ·
1. DPR, as State Administrator of all LWCF grant projects within the State of California on behalf of the National Park Service, has made the determination to terminate for convenience the City's interests in and responsibilities for Project Number 06'-01346, Contract Number 89-14-112, for George Berkich Park, pursuant to Provision J.5 of the original LWCF Project Agreement, leaving District as the sole grantee for Project Number 06-01346. ·
2. District, as sole remaining grantee under Project Number 06-01346, Original Contract Number 89-141- 12, Supplemental Contract Number 89-14-112a, for George Berkich Park, does hereby promise and commit, as sole remaining grantee, to all terms, conditions, promises, covenants, agreements, restrictions, limitations and responsibilities under the original LWCF Project Agreement, Contract Number 89-14-112 (attached hereto as Exhibit A and incorporated fully herein), dated September 7, 1993, and to all terms, conditions, promises, covenants, agreements, restrictions, limitations and responsibilities under this Supplemental Contract Number 89-14'-112a.
3. District agrees to bring the Project to a state of recreational usefulness In a manner agreed upon by the District, DPR, and the National Park Service as further described in the District's revised PD/ESF and supporting submittals ..
Page 1 of 2 4. District shall provide updates at least every six months to DPR until final completion of all construction within the 6(f)(3) boundary and re-opening of George Berkich Park to the public.
5. District hereby covenants, promises and agrees that it shall refrain from initiating, cooperating in, or assisting in any manner, either directly or by proxy, with any and all legal actions in any legal forum against either the California Department of Parks and Recreation or the National Park Service that may seek to limit, invalidate, or void any portion of Original LWCF Contract Number 89-14-112, or Supplemental Contract Number 89-14-112a, for George Berkich Park, or to limit, invalidate, or void any of the District's covenants, agreements, responsibilities or promises thereunder.
6. Both Parties hereby confirm that other than the terms, conditions, promises, covenants, agreements, restrictions, limitations and responsibilities set forth in writing herein, no other conditions, promises, covenants or agreements are or shall be made part of this Supplemental Agreement unless agreed to in writing by the Parties and made part of this Supplemental Project Agreement by amendment.
7. Both Parties hereby confirm that iUthey have consulted with their legal counsel, and attest that they have full legal authority to carry out all of the terms and conditions of this Supplemental Project Agreement in the manner set forth herein. IN WITNESS WHEREOF, the Parties hereto have caused this Supplemental Project Agreement to be executed by their respective duly authorized signatories as of the date first written above.
DPR: DPR Legal Counsel: California Department of Parks and Recreation California Department of Parks and Recreation
By: ~ Its: Chief, Office of Grants and Local Services Its: Senior Counsel I 2019 Dated: N ~y,Jt,,( _:).,5" I 2019 District: District Legal Counsel Cardiff School District Cardiff School District Name: ~\E.N~ ~N'DAL-L Nam Tyree K. Dorward Pf:x.S,,:;-~""'1 ~~a.r,,'~'1' ~ Dated: __..,_ \ ,.:...t\,_,';2,,._~"'-+-f .a...l1....._ , 2019 Dated: --rM~lb""'(.... 1&..... P ..... tv ;;;>_s , 2019 \ I Page 1 of 2 Exhibit B Gavin Newsom, Governor Lisa Ann L. Mangat, Director November 25, 2019 David Siegenthaler Grants Program Manager . National Park Service - Pacific West Region 333 Bush Street, Suite 500 San Francisco, CA 94104-2828 Re: Project Number 06-01346, Contract 89-14-112 - George A. Berkich Park Project Sponsor I Grantee Change Conversion Amendment - Minor Boundary Change Dear David Siegenthaler: California State Parks (State Parks) Office of Grants and Local Services (OGALS) provides this letter to the National Park Service (NPS) as notification of a Project Sponsor I Grantee change, and a request for a small conversion boundary adjustment of Section 6(f)(3) protected park land at George A. Berkich Park (Park). As you're aware, both the City of Encinitas (City) and the Cardiff School District (District) entered into the above named Grant Contract with State Parks whereby $159,600 in Land and Water Conservation Fund (LWCF) funding was provided to develop a play area, open sportsfields, picnic facilities and associated facilities at the Park. For grant administration purposes, State Parks made the determination to terminate for convenience the City's interests and responsibilities associated with the Project and Grant Contract above for the Park pursuant to Provision J.5. of the original LWCF Project Agreement, leaving the District as the sole Grantee for this Project. See OGALS letter to the City enclosed. Additionally, OGALS received and reviewed the District's request to adjust the Section 6(f)(3) boundary at the Park to allow for improvements to both the school and the Park, while still maintaining public outdoor recreation space in perpetuity once the improvements are completed. OGALS recommends that the NPS approve the District's request for the boundary change based on the following considerations: • The acreage, monetary value and recreational utility of the proposed boundary adjustment meet or exceed federally required replacement requirements. o The proposal qualifies as a "small conversion" because the existing 6(f)(3) boundary is 173,173 square feet (sf) and the total sf of the original 6(f)(3) boundary being removed is only 9.2% (15,850 sf). o The boundary adjustment will also increase the square footage within the revised 6(f)(3) boundary by 25,846 sf. The total sf of the proposed new boundary is 199,019 sf. David Siegenthaler November 25, 2019 Page 2 o The proposed replacement property acreage is school district property, and is not dedicated or managed for recreation. o The appraisal of the estimated market value of the property to be converted and the replacement property was determined to have equal value per square foot. With the increase in square footage, the land within the revised 6(f)(3) boundary will have greater value than the land within the original boundary. The appraisal dated October 19, 2019 states the appraisal meets UASFLA standards. • All practical alternatives have been explored by the District to reduce the amount of existing 6(f)(3) protected parkland affected by the necessary school improvements. • OGALS will ensure that all signage by the District at the Park listing the hours of availability shall conform to LWCF signage requirements. • The District will provide semi-annual updates to OGALS until final completion of the small conversion. In turn, the State will send NPS semi-annual updates. This provision requirement will also be contained within the Amendment between NPS and the State and the amended Grant Contract between the State and the District. OGALS recommends NPS approval of the District's request. OGALS provides the enclosures noted below in support of the request. If you have questions, please contact Manager Lee Butterfield at (916) 651-8458 or [email protected]. You may also contact me at [email protected] or (916) 651-8597. OGALS looks forward to NPS' response and working with you on next steps. Sincerely, ~Cl~ Jean Lacher, Chief Office of Grants and Local Services Enclosure(s): • Standard Form-424 • NPS Amendment 10-902A • Description and Notification Form • Finalized 6(F)(3) Boundary Map • District's School Board Resolution • District's Revised PD/ESF • District's Certification Letter re: Lease/Leaseback Contract • District's Clarification Letter re: Staging Area Concerns • OGALS November 25, 2019 letter to the City of Encinitas cc: Lee Butterfield, Manager, Office of Grants and Local Services 0MB Number: 4040-0004 Expiration Date: 10/31/2019 Application for Federal Assistance SF-424 • 1. Type of Submission: • 2. Type of Application: • If Revision, select appropriate letter(s): D Preapplication 0New I E: Other (specify) I D Application D Continuation • Other (Specify): !ZI Changed/Corrected Application !ZI Revision Jsponsor and boundary I • 3. Date Received: 4. Applicant Identifier: I I IN/A l 5a. Federal Entity Identifier: 5b. Federal Award Identifier: I I 106-01346 .1 I State Use Only: 6. Date Received by State: I I 17, State Application Identifier: JsAI-EXEMPT I 8. APPLICANT INFORMATION: •a.Legal Name: Jcalifornia Department of Parks and Recreation I • b. Employer/Taxpayer Identification Number (EIN/TIN): • c. Organizational DUNS: 168-0303606 I 11720708070000 I d. Address: • Street1: !Po Box 942896 I Street2: I I • City: Jsacramento I County/Parish: I I • State: I CA: California I Province: I I • Country: I USA: UNITED STATES I • Zip / Postal Code: 194296-0001 I e. Organizational Unit: Department Name: Division Name: JParks and Recreation I !Grants and Local Services I f. Name and contact information of person to be contacted on matters Involving this application: Prefix: • First Name: I I l1uan I Middle Name: I I • Last Name: !Aubin I Suffix: I I Title: JProj ect Officer I Organizational Affiliation: I I • Telephone Number: 1916-651-8573 I Fax Number: I I • Email: [email protected] I Application for Federal Assistance SF-424 • 9. Type of Applicant 1: Select Applicant Type: IA: State Government I Type of Applicant 2: Select Applicant Type: I Type of Applicant 3: Select Applicant Type: I • Other (specify): I • 10. Name of Federal Agency: u.s Department of the Interior, National Park Service I 11. Catalog of Federal Domestic Assistance Number: 115-916 I CFDA Title: • 12. Funding Opportunity Number: I *Title: I I 13. Competition Identification Number: I Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): 1· -:,:• ·.- .... >J,, ' .. t:lt{il I W: ~. t~_(;j_'·GI "" ~'""tta~.@-t:I"'Ril li!XJ) h., .;I W¢efe1,'.~ti~~Jhnfe'ni.~I !f•i,,V.ievit _l>.tt~et:ih).ent : • 15. Descriptive Title of Applicant's Project: George Berkich Park Cardiff School District Attach supporting documents as specified in agency instructions. 1,~~~ 'Atlaelilm'efi~~I l1P.e!ele~~tt~61junerjis" I 1r~~vtAMbt:ir,iuimtstl Application for Federal Assistance SF-424 16. Congressional Districts Of: • a. Applicant • b. Program/Project lcA-51 lcA-03 I I Attach an additional list of Program/Project Congressional Districts if needed. I ,~· ,, I I l~~ad'-4.tta~,nent· I :. Delete Attachment 11 ytew A~achment JI 17. Proposed Project: • a. Start Date: I I • b. End Date: I I 18. Estimated Funding ($): •a.Federal o. ooi • b. Applicant o. ooi • c. State o. ool • d. Local o. ooi • e. Other o. ool • f. Program Income o. ooi • g. TOTAL o. ooi • 19. Is Application Subject to Review By State Under Executive Order 12372 Proce&&? [gJ a. This application was made available to the State under the Executive Order 12372 Process for review on lsee originabl. D b. Program is subject to E.O. 12372 but has not been selected by the State for review. D c. Program is not covered by E.0. 12372. • 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation In attachment) 0Yes [gj No If "Yes", provide explanation and attach I I It Add AttachmenJ ... I If Delete :4.ttachment 11 Vi~w Attachment' I 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances•• and agree to comply with any resulting terms if I accept an award. I am aware that'any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) [gj ** I AGREE •• The list of certifications and assurances, or an internet site where you may obtain this list, is contained In the announcement or agency specific instructions. Authorized Representative: Prefix: • First Name: jJean IMs. I I Middle Name: I I • Last Name: l1acher I Suffix: I I • Title: !chief, Office of Grants and Local Services I • Telephone Number: 1916-651-8597 Fax Number: I I I • Email: [email protected] I • Signature of Authorized Representative: • Date Signed: I Lt -~:ilc3-t:,t I ~a-;J~ I I NPS Form 10-902A (Rev. 09/2016) 0MB Control No. I 024-0031 National Park Service Expiration Date 0 l /3 I /2020 AMENDMENT TO PROJECT AGREEMENT Land and Water Conservation Fund State: California Project Amendment No. 1~------ THIS AMENDMENT to Project Agreement No. 0~6~-0~1~3~4=6 is hereby made and agreed upon by the United States of America, acting through the Director of the National Park Service and by the State of..,.C""a.wlif..,.o..... ma., pursuant to the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964). The State and the United States, in mutual consideration of the promises made herein and in the agreement of which this is an amendment, do promise as follows: That the above mentioned agreement is amended by the following: 1. Remove the City of Encinitas as a Project Sponsor/ Sub-Grantee Agency, which leaves the Cardiff School District as the sole Project Sponsor/ Sub-Grantee Agency. 2. Change of 6(f)(3) boundary. In all other respects the agreement of which this is an amendment, and the plans and specifications relevant thereto, shall remain in full force and effect. In witness thereof the parties hereto have executed this amendment as of the date entered below. THE UNITED STATES OF AMERICA STATE By By California (Signature) (State) (Title) National Park Service United States Department of the Interior Jean Lacher (Name) Date Chief. Office of Grants and Local Services CA State Parks RECORDS RETENTION - PERMANENT. Transfer all permanent records to NARA 15 years after closure. (NPS Records Schedule, National Assistance Programs (Item 8.A.2) (N1-79-08-7)) NPS Form 10-902A (Rev. 09/2016) 0MB Control No. 1024-0031 National Parle Service Expiration Date 01/31/2020 NOTICES Paperwork Reduction Act Statement In accordance with the Paperwork Reduction Act (44 U.S.C. 3501), please note the following. T-his information collection is authorized by the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-4 et seq.). Your response is required to obtain or retain a benefit. We use this information to document changes made to original grant agreement. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid Office of Management and Budget control number. 0MB has assigned control number 1024-0031 to this collection. Estimated Burden Statement Public reporting burden for this form is estimated to average 3 hours per response including the time it takes to read, gather and maintain data, review Instructions and complete the form. Direct comments regarding this burden estimate, or any aspects of this form, to the Information Collection Clearance Officer, National Park Service, 12201 Sunrise Valley Drive, Mall Stop 242, Reston, VA 20192. Please do not send your form to this address. • NPS Fonn 10-903 (09/2016) 0MB Control No. 1024-0031 National Parle Service Expiration Date 01/31/2020 DESCRIPTION AND NOTIFICATION FORM Land and Water Conservation Fund . State· Grant# Amend# Date Received Date Approved Start Date End Date •06 . 01346 1 ' Grant Name George Ber1dch Parl< Renovation Sub-Grantee Agency Cardiff School District Sub-grantee Address 1888 Montgomery Ave, Encinitas CA I Email Address: Co-Sponsor Agency Co-Sponsor Address A= Acquisition P = Planning L = Local 0 = New Development C = Combination Number of Parks • Type Select One Sponsor Select One C = County R - Renovation · M = Administration S = State 1 Development S = Stewardship Federal Acquisition Federal Acquisition Acreage Acquired Donated Acres $ Share % Share Source of Match □ Fed □ State □ Local Park. Address Congressional District Prior LWCF Assistance? 1801 San Elijo, Encinitas CA 51 D Yes 181 No New 6(f) Acres at Park Existing 6(f) Acres at Park Total ~f) Acres at Park Latitude Longitude 25,846 sf (.593 acres) 173,173 sf (3.98 acres) 199,019sf (4.57acres) 33.025759756 -117.285326822 SPECIAL INDICES □ A. Leased land - non-federal □ G. Transferred to federal agency □ N. National Historic L.andmska □ U. Utility R.O.W. □ B. Leased land • federal □ I. Spon,ored by Tribe □ 0. National Heritage Areas □ V. American Heritage Rivera □ C. Coastal □ J. NatJon■I Historic Register □ Q. R■llroad R.O.W. □ W. Wetlands □ D. Leased land·- expired □ K. National Natural l.wldmark □ R. Natlonal river □ X. Involved conversion □ E. Former federal surplus property □ L. Len than fee acquisition 11!1 S. School park □ Y. Endangered Species □ F. Flood laln □ M. Mined land □ T. National trail □ Z. Contingency Reserve FACILITY CODES □ A. 00. CAMPGROUNDS □ D. 00. GOLF COURSE □ H. 00. TRAILS □ N. 00. NATURAL AREA □ 01. TentSHn a 01. 18 hole □ 01. Hiking □ P. 00, PASS.IVE PARKS a 02. RVlites a 02. Par 3 a 02. Horse □ Q. 00. SUPPORT FACILITY a 03. Group campground □ 03, Driving range □ 03. Bicycle 11!1 01, Walkways □ 04,- Day camp a 04. 9 hole □ 04. Motorized a 02. Landscaping □ B. 00. PICNIC AREAS □ 05, Miniature golf □ 06. Nature a 03. Utllltln 11!1 01. Individual table lites a 06, PHch and □ 06. Fltnns a 04. Equipment a 02. Grou aheHer/ vlllon a E. 00. SWIMMING FACILITIES a J. 00. WINTER SPORTS FACILITIES a 05, Roads · □ C. 00. SPORTS PLAYFIELDS □ 01. Pool □ 01. Ski lift 11!1 06. Parking □ 01. General pu,-pose playfields a 02. Wading pool □ 02. Ski slope □ 07. Lighting □ 02. Baaeball/iloftball a 03. Spray playground/ splash pad a 03. Skljump a 08. Signs 11!1 03. Football/soccer a 04. Swimming beach a 04. Sled/toboggan run a 09. Restrooms/showers bldg. 11!1 04. Tot lot/playground a 05, Bathhouse a 05. Skating rink a 10. Conceulon building a 05. Tenr)ls oourts a F. 00. BOATING FACILITIES □ 06. Ski trails a 11. Maintenance bulldl 11!1 06. Basketball/other 00urt1 01. Launch ramp 07. Snowmobile traits a a R. 00. AMPHITHEATER a 07. Rifle/pistol range a 02. Bertha a 08. Wanning huts □ 08, Trap/skeet field 03. Boat 1111 a K. 00, ENCLOSED SHELTER a a a S. 00, LAKE IMPOUNDMENT a 09. Archery range □ G. 00. FISHING FACILITIES a 01. Pool 10. Rodeo arena 01. Pier 02. Courts a a a T. 00, VISITOR CENTER a 11. Track facility a 02. Stream Improvement a 03. Picnic □ a 12. Skateboard pal( a 03. Fishing acceu a 04. lcer1nk a U. 00. INTERPRETIVE CENTER a M, 00. HUNTING a V. 00. OTHER: · RECORDS RETENTION - PERMANENT. Transfer all permanent records to NARA 16 years after closure. (NPS Records Schedule, Page 1 of 1 National Assistance Programs (Item 8.A.2) (N1-79-08-7)) LWCf Section @131 Boundory Mop for Cardiff Elementory School's Ploygrounds / George Berkich Pork, Cordill School District, LWCF Project Number 06-01346, in the County of Son Diego EXISTING INDOOR SlWCTVRl 886 Sf l(X, "'' NO'IEM6ER 25 2WJ ■ ~Nlll;'(t'()'l'l:J .■ ....■ SOUND,.\RYOf LAND ro 8~ acncno ••••• 4.56ACRl5 - FXISflNGlNOOOR~IRUCIURE PARCEL SOUN:».RV 1h11 rnop ii; l'.o! binJing until it i• 1ig...d by 'lPS ....,,.._ the hno GRAN! flO)fflllll •~ o~r:i-.edbyNPS lithertW010pwvic>J~tWO fltOJIC!r,i)mmr-~tclcl theMlnt PARK Sllf, 1hen1MC:.RANIFI, nr-.Al~o'l WHEREAS, the Cardiff School District ("District") is a public school district organized and existing under the laws of the State of California; and WHEREAS, the District is currently undertaking the modernization and reconstruction of Cardiff Elementary School located at 1888 Montgomery Avenue in Cardiff-By-The-Sea, CA ("Project") which consists of the demolition and. reconstruction of classroom buildings; modernization of two existing buildings; a new multi-purpose room, improvements to onsite passenger parking and loading; relocation of play structures; and replacement of the existing baseball field with two natural turf soccer fields as further described in the Final Environmental Impact Report ("Final BIR") for the Project approved by the District on February 7,2019. ;and WHEREAS, the Final EIR also described and depicted the District's ongoing communications with the California Department of Parks and Recreation Office of Grants and Local Services ("OGALS''), and the City of Encinitas ("City") regarding the impacts of the State of California, Department of Parks and Recreation, Project Agreement under the Land and Water Conservation Fund ("LWCF") Program ("Agreement"). dated September 7, 1993, on the Project; and WHEREAS, since· discovery of the existence of the Agreement, the District has been in regular communication with OGALS, including telephone conference calls and in person meetings coordinating and revising the District's existing proposal to resolve the boundary adjustment/conversion issues. associated with the Project as they relate to the original terms of the Agreement and the District's responsibility and authority to operate and maintain the Project site as an operational school site; and WHE~AS, as a result of these numerous discussions and meetings, OGALS recognizes that the Project site in its entirety has been, is, and will remain an active school site wholly owned by the District and that the District's boundary adjustment/conversion proposal as outlined in the Final EIR must recognize the educational requirements of the District's students; and, WHEREAS, in order to complete the processing of the District's boundary adjustment/conversion proposal, the District understands OGALS has requested the District's Board of Trustees adopt a resolution further describing its intentions for making the playfields and certain other designated areas of the Project site described in the Final E[R, , including, but not limited to a community garden, (collectively, the "Playfields") available for public recreational use in perpetuity consistent with . the terms of the original Agreement. The 60288.00007132381776.6 Playfields were originally named by the District as "George Berkich Park" in 1988 in honor of one of the school's former principals; and WHEREAS, the District intends this resolution to set forth its policy regarding the hours of availability for future public use of the Playfields when not needed for school purposes. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Cardiff School District as follows: SECTION 1. Incorporation of Recitals. The Board hereby FINDS and DETERMINES that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein. SECTION 2. Public Use. When not needed for school purposes, the Cardiff School District will maintain and keep open the Playfields, also known as George Berkich Park, for public use in perpetuity in the configuration set forth in the boundary adjustment/conversion proposal and 6(f)(3) boundary described in the Final EIR. General school use of the entire Project site shall typically be Mondays through Fridays from 8AM to 3PM in accordance with the District's annual instructional calendar. General public use of the Playfields shall be after school hours on instructional days and all day on non-instructional days. However, the District shall retain the right to close the Project site and/or Playfields as necessary for school purposes in the Board's discretion. Designated portions of the Project site, including the Playfields shall also remain available for reserved public/community group use pursuant to the Civic Center Act (Education Code§ 38130 et seq.) SECTION 3. Hours of Availability/Signage. The District shall keep a record of the hours of public use availability, as well as District use and Civic Center Act use of the Project Site and Playfields to be updated monthly or at such other times specified by the Board. Such record of public use hours will be posted on the District's website and made available to OGALS and the public upon request. The District shall also provide appropriate signage consistent with this Resolution and hours of availability on the Playfields. SECTION 4. Effective Date. This Resolution takes effect upon approval. PASSED, APPROVED AND ADOPTED this 14th day of November, 2019, at a Special Meeting of the Board of Trustees of the Cardiff School District, by the following vote: A YES: __s NOES: __o ABSENT: _o _ PresideA 60288.0000713238 I 776.6 Cardiff Elementary School's Playgrounds/ George Berkich Park Project Number: 06-01346 Cardiff School District (District) City of Encinitas (City) PROPOSAL DESCRIPTION AND ENVIRONMENTAL SCREENING FORM Land and Water Conservation Fund (Original Submission: February 14, 2019) (Updated Submission: October 23, 2019) (Revised Submission: November 14, 2019) Step 3. Project Amendment B. Section 6{f)(3) Conversi~n Proposal - Project Information Since its founding in 1913, the Cardiff School District has been the civic center of Cardiff-by-the• Sea, a community that became part of the City of Encinitas upon the City's founding in 1986. Cardiff School has operated continually as an elementary school on this same site for 106 years. The District values its relationship with the community and is proud of the fact that for over a century it has made the Cardiff School playground area, also known as "George Berkich Park" available for community outdoor recreation when not being used by the school, and has agreed to maintain such public recreational uses in perpetuity as described herein. In 1988 Cardiff School District named the Cardiff Elementary School playground area George Berkich Park in honor of Mr. George Berkich, who was retiring ·after being the Cardiff School · principal for over 25 years. Including the word "Park" in the name seemed appropriate given the commitment the District had made to the community in the use of its playground areas. In 1991, the newly formed City of Encinitas, lacking its own land for outdoor recreation, requested the formal use of the District-owned land in order to accommodate the City's outdoor recreation programs. The District agreed to the City's request and entered into a joint-use agreement, providing the City access to the school's facilities when not being used by the District. The City subsequently pursued funding sources to pay for Improvements to make the school playfield areas l 1 Project Number: 06-01346 - Cardiff School's George Berkich Park I more suitable for the City's recreational programs and enhancing the playfield areas for the benefit of the school. One of the~e sources was a grant from the Land and Water Conservation Fund (LWCF) through the National Park Service (NPS). In 1993, NPS approved a grant for approximately $160,000 through the LWCF program to assist in funding outdoor recreational Improvements to some of the Cardiff School playground areas. As a result, a Project Agreement was created by the Office-of Grants and Local Services (OGALS), the agency responsible for administering the grants within the State of California. Both the Cardiff School District and the City of Encinitas are co-signatories to the original Project Agreement. The affected boundary of the public use/playfleld areas, required to remain as outdoor recreation area in perpetuity pursuant to the terms of the grant agreement, Is shown in the following exhibit, 6(f)(3} Boundary Map (Revised March 3, 1993}. . •> \ \, \. \ - Neither the District nor the City retained institutional knowledge of the Project Agreement with OGALS when, in the early 2000s, the District made improvements to a portion of the open recreation area. This caused the District and City to technically fall out of compliance with the Project Number: 06-01346 - Cardiff School's George Berkich Park 2 terms of the original grant agreement. These improvements included a science and art lab building that includes restrooms. This building is approximately 2,850 square feet. In addition, improvements were made to apparatus play areas. Some play equipment was relocated, a Icing with new play equipment being provided, to another part of the site so a student pick-up/drop-off area could be added along Mozart Avenue. It wasn't until February 2018 when the District was again planning improvements on the site for this Project that it became aware of the original grant agreement dating back to 1993. Upon learning about the agreement, the District immediately contacted OGALS and notified them of the plans for this Project. In Marth 2018, the District met with OGALS at their offices and learned that the District and City were not in compliance with the terms of the grant agreement. At that time the District expressed its commitment to OGALS to regain and maintain compliance with the agreement and to continue allowing public use of the school's outdoor recreational areas when not needed for school purposes. The District explained its current needs and OGALS explained their process for how the District's needs could be accommodated. This process is detailed in a document created by OGALS entitled, PARK STEWARDSHIP: A Guide to Permanent Operation and Maintenance. Subsequent to that meeting with OGALS, the District has been coordinating with OGALS to adjust the 6(f)(3) boundary via the conversion process described in the Park Stewardship Guide. The project, as proposed, follows the explicit direction provided by OGALS and the attached Proposed 6(f)(3) boundary map is one of the options that was first discussed with OGALS in June 2018 and subsequently discussed throughout a period of over 1½ years. The District proposes a design that that makes available for inclusion within the 6(f)(3) boundary, the hardcourt area, which wasn't feasible until the District reconfigured the grade span at Cardiff School to only accommodate kindergarten through second grade. The design as presented is viewed by the greater community as a significant enhancement to the outdoor recreation area at Cardiff School's George Berkich Park. Pursuant to Resolution No. 19-20-03, the District remains cornmltted to . ' maintaining and keeping open the playfields, also known as George Berkich Park, for public use in · perpetuity in substantially the configuration set forth in the boundary adjustment/conversion proposal and 6(f)(3) boundary described herein, when not needed for school purposes. SECTION 3.8.2: A detailed explanation of the sponsor's need to convert the Section 6(/) parkland including all efforts to. consider other practical alternatives to this conversion, how they were evaluated, and the reasons they were not pursued. Currently, Cardiff School District needs to make improvements to Cardiff Elementary School and its playground areas referred to as George Berkich Park. The proposed improvements to the entire school site, including the school playground areas called George Berkich Park is shown lri the Project Number: 06-01346 - Cardiff School's George Berkich Park 13 following exhibit, Cardiff School Site Plan. While the need to locate a school building within the 6(f)(3) boundary creates the need for a conversion, specific changes to the outdoor recreation area are also being proposed in order to enhance the user experience and increase the use of George Berkich Park. It is challenging for the District to make any changes to the site without affecting the 6(f)(3) boundary as the total area within the 6(f)(3) boundary is more than half the entire school site. At approximately 7.4 acres, Cardiff School is approximately three-quarters the size of a typical suburban elementary school site, seriously limiting land available to accommodate all the requisite educational programs. The District needs to locate a new approximately 5,500 square foot multipurpose building within the 6(f)(3) boundary. The District also needs to increase the student pick-up loading area and a small portion of this falls within the existing 6(f)(3) boundary. These program areas are essential to Project Number: 06-01346- Cardiff School's George Berkich Park 4 the school's daily operations and are critical to improving the security of the school campus and the safety of the students. The proposed location for the new multipurpose building is essential to providing a safe and secure environment for children and to accommodate the school's educational program. The existing multipurpose building is undersized and unable to accommodate the current educational program. Its location within the campus causes concerns for student safety because accessing the building requires the public to walk through the center of the classroom core, thereby compromising the secured perimeter and placing students and staff at risk. The new multipurpose building will be located to allow it to be contained either within the secured perimeter of the entire campus or separated independently from the secured perimeter of the classroom core. This two-tiered security will allow the multipurpose building to be used by the public without compromising student safety, thereby allowing for easier and more frequent accessibility by the community. Its location further enhances its use by both the school and community by allowing it to be used in conjunction with the adjacent playfields. The parking and pick-up/drop-off area increases the safety of students and community members using the facilities by providing much safer off-street parking and loading areas. Currently, children being dropped off or picked up from either the playfields or the school building areas must walk into the flow of traffic to access vehicles. This presents safety concerns for children. The numbers of parking spaces are being increased per City request and the pick-up/drop-off loading area driveway is being widened per City Fire Department requirements. Alternative locations do not provide adequate access to both the recreation areas and existing school campus. Since 1993 community demand for certain types of outdoor recreation facilities have changed. Soccer is the sport most often played now at George Berkich Park and the baseball /softball field is underutilized. This may have occurred in direct response to the construction of over 54 acres of sports parks and other outdoor' recreation land located within approximately one mile of this project site or it may be a result of the popularity of soccer. In 2000, the District sold a 10-acre parcel of land to the City of Encinitas in order to create Cardiff Sports Park containing 4 baseball/softball fields along with a large expanse of open field area. In 2015, the City of Encinitas opened Encinitas Community Park. It has 3 baseball/softball fields and considerably more open playfield area. Softball and baseball leagues now use these two City facilities as well as a local YMCA, which also has 3 fields. There are at least 10 additional baseball/softball fields located within approximately one mile of George Berkich Park than in 1993. While Cardiff School District does an excellent job of maintaining the playfields, many improvements are needed. Most notably are the concerns regarding the safety of children and the Project Number: 06-01346 - Cardiff School's George Berkich Park 5 limit in use of the open grass field areas created by the location of the apparatus equipment and the loss of the entire grass play area following a rainstorm. The apparatus equipment area located between the field areas interrupts the flow of the grass field area, limits its flexibility and blocks views from one end of the field to the other. The proposed design relocates the apparatus to one end of the field, alleviating these issues. The entire grass play area is located on the lowest area of the entire site. While this is ideal from a standpoint of capturing storm water runoff, the entire grassy area is rendered useless for a period of time following a rain storm. The proposed design incorporates two landscaped bio-swale water infiltration basins. These basins are strategically located to capture the majority of storm water runoff, thereby reducing the impact to the greater grassy field areas. These bio-swales are designed to be outdoor recreation play areas at all times except during times of heavy rain. As a result, the large open play area remains available for use more often. The primary community user Is the Cardiff Youth Soccer League and the leadership of this league has expressed support for these proposed improvements. The District engaged the community in an extensive design process that lasted for almost a year and included five community workshops. In addition, the District's Board of Education met monthly and provided updates and allowed for community input. Based on community input received during the months after the Initial conceptual design was presented, the District substantially altered its design. The District studied multiple alternative site development options and multiple locations for the multipurpose building. The proposed location of the multipurpose building Is the only option that provided for a direct connection to the parking and pick-up/drop-off areas, provided immediate adjacency to the playfield areas, and provided direct supervision from the front of the school while allowing the core of the campus to be secured Independently. This location also allows for the multipurpose building to be accessible to the public during school hours without compromising the security of the school and student safety; which solves the current security and safety concern. Although the City has developed many community-based facilities, Cardiff School still acts as the civic hub for the Cardiff community; The cornmunltv holds Cardiff School District in high regard for the high standard of learning the District's schools provides to the children of the Cardiff community and the Increase to home values that occurs as a result. In November 2016 when the District asked the community to support Measure GG, a bond to pay to replace the 55-67-year~old school buildings and provide other upgrades to the school site, the community showed its support with an approximately two-thirds favorable vote. That's especially noteworthy considering there are 706 students in a District with a population of almost 12,000 people. In planning for the District's bond Measure GG, community and school workshops identified 15 areas of concern to be listed for Cardiff School. Four of those items focused on improving the 16 Project Number: 06-01346- Cardiff School's George Berkich Park I school's outdoor recreation areas and supportive facilities and amenities. Those four-bullet points state: • Upgrade and Improve playgrounds and playfields for school and community use; preserve existing mature trees and other landscaping where possible. • Resurface, repair, and/or replace paved surfaces, play "c ourt areas, turf, and other grounds to eliminate safety hazards and improve outside instructional areas. • Improve handicapped accessibility by making Federal and State-mandated Americans with Disabilities Act (ADA) accessibility upgrades 'and as mandated by the Division of the State Architect (DSA) including site access, parking, restrooms, relocation of some electrical devices, drinking fountains, playground equipment, etc. • Make health, safety, and security improvements, such as improving drop-off and pick-up areas, upgrade fencing, and renovate/retrofit the "brick building". Following the passage of Measure GG in November 2016, the District began the planning process. Prior to design commencing, the District conducted its first community workshop In June 2017. As a result, Guiding Principles were developed for the design and planning team to follow during the process. These Guiding Principles are: • Create a safe and secure environment. • Connect the school to the community: put active uses at the edges. • Prioritize green space and views. Provide ample play space. • Improve traffic flow and safety for pick-up. • Emphasize sustainability and environmentally focused design. • Prioritize learning spaces. Create useable outdoor learning environments, all suited to their place. In addition, specific concerns related to the outdoor recreation area and supportive elements were identified. Some of the concerns specific to community use of the recreation areas are: • The apparatus area bifurcates the field areas limiting flexibility in the use of the fields. • The layout of the field and apparatus areas causes safety concerns regarding supervision of children both during school and non-school hours. • Apparatus equipment is in need of repair or replacement. • Softball/baseball field is underutilized and the skinned infield is not a desirable play surface due to risk of Injury from.falls on the hard, uneven dirt surface. Project Number: 06-01346 - Cardiff School's George Berkich Park 7 • The number of handicap parking spaces and the number of parking spaces overall located with ease of accessibility to the field and play areas needs to be increased. • Designated drop-off/pick-up areas are inadequate, creating long lines or cause children to be dropped off curbside along San Elijo Avenue, which has a higher speed limit: Based on the identified needs and the Guiding Principles, all developed with community Input during the first community workshop, the District moved forward with the architect and created a design that further enhanced the school and site for the benefit of the entire community. The evolution of the design was presented to the community on numerous occasions, including three additional community/board workshops as well as monthly District Board meetings, and modifications were made to the design based on feedback. It was during this· process near the fourth workshop that the District became aware of thelWCF agreement. · The proposed changes to the outdoor recreation area are supported by the greater community and viewed as enhancements to the outdoor recreation area and user experience. The fact that it wasn't until the District was in the conceptual site design phase that it became aware of the agreement, shows the District's commitment to maintaining the outdoor recreation area for the benefit of the entire community and not just the school because the plan that was developed clearly places a focus on enhancing the outdoor recreation areas. The District's philosophical approach to maintaining the outdoor recreation for the benefit of the entire community is clearly evident as are the District's sincere interactions with OGALS in developing the conversion proposal. RESPONSE TO PD/ESF SECTION 3.8.3: An explanation of how the conversion is in accord with the State Comprenenslve Outdoor Recreation Plan (SCORP). The conversion is only an adjustment to the existing 6(/)(3) Boundary Map and is located on the same contiguous piece of land. It is consistent with the existing 6(f)(3) boundary and therefore in accordance with the State Comprehensive Outdoor Recreation Plan (SCORP). · RESPONSE TO PD/ESF SECTION 3.8.4: Completed "State Appraisal/Waiver Valuation Review form in Step 7 for each of the converted and replacement parcels certifying that the appraisals meet the "Uniform Appraisal Standards for Federal Land Acquisitions. 11 States must retain copies of the appraisals/waiver valuations and make them available for review upon request. Project Number: 06-01346 - Cardiff School's George Berkich Park I s i An Appraisal Analysis for Conversion Application prepared by Robert P. Caringella, MAI, SRA, AI• GRS, AG003295, is attached to this PD/ESF. The entire Analysis, dated October 19, 2019, is provided as an attachment to this PD/ESF. Item 8 contained within the APPRAISER'S CERTIFICATE states, "My analyses, opinions, and conclusions were developed, and this report has been prepared, in · Conformity with the Uniform Standards of Professional Appraisal Practice and Uniform Appraisal Standards for Federal Land Acquisitions." Mr. Caringella states in his Analysis Summary and Conclusion, IIThe primary elements that drive the value of residential land include location, market conditions, zoning, view potential, topography, access development costs (physical condition), timing, and entitlement status. The subject property has a very desirable location, view potential, generally level topography, and minimal site constraints for residential development. In this case, it is apparent that the boundary adjustment areas are virtually identical, with Identical highest and best use, and both part of the identical parent tract. All of the elements that drive residential land value above are essentially the same for the existing and revised boundaries. Therefore, there Is no material difference in value per square foot related to the exchange areas. Based on my inspection of the property and further investigation for this assignment, I found no evidence that the land being exchanged is worth less than the land inside the original boundary. In fact, there is over 2,000 square feet (*and up to 25,846 square feet) more land within the revised boundary, suggesting that the revised boundary results in a higher fair market value. In this case, it was not necessary for credible assignment results to establish the actual value per square foot for the reasons stated above (i.e., it does not matter whether the land is valued at $SO per square foot or $100 per square foot - the unit value is. the same in the revised boundary versus the existing boundary)." Mr. Caringella concludes his summary with the following statement, "As such, I concluded that the conversion land has equal or greater fair market value in this case." (*Note: While this appraisal references a 2,000-square foot increase, the 6(f)(3) in this PD/ESF makes available up to approximately 25,846 square feet of additional area to be added to the 6(f)(3) boundary. Final area per final agreement with OGALS.) Project Number: 06-01346 - Cardiff School's George Berkich Park 9 RESPONSE TO PD/ESF SECTION 3.8.5.a: Specific geographic location on a map, 9- digit zip code, and name of park or recreation area proposed for conversion. George Berkich Park is located on the Cardiff Elementary School site: 1888 Montgomery Avenue Cardiff-By-The-Sea, CA 92007 $i1flli1 FJ?Dr S..,1tn Fa Or S,1ntri r1ror r ·1-,i,.,., .,, " Q \- ~ li~\ \l ~· C.:hylh ; \'j \ \ ' ~oclnilBS 0 ,Ml'rnillJ • Community .' I Pork ~•·•·lf~u-',• ':?;•).,;tr.1 ,f ...l Carr:hff ~ 9 1:1t,rncr11.iry School Q j s~ Et~a State BNch, Q Carditl Seaside Murkct ~ -.: CARDIFF .i J j Glon Par!\ .. ! Project Number: 06-01346 - Cardiff School's George Berkich Park 10 RESPONSE TO PD/ESF SECTION 3.8.5.b: Description of the area proposed for the conversion including the acreage to be converted and any acreage remaining. For determining the size of the. conversion, consider not only the physical footprint of the activity precipitating the conversion, but how the precipitating activity will impact the entire 6{f) park area. In many cases the size of the converted area is larger than the physical footprint. Include a description of the recreation resources, facilities, and recreation opportunities that will be impacted, displaced or lost by the proposed conversion. For proposals to partially convert a Section 6{f) park area, the remaining 6{f) park land must remain recreationally viable and not be impacted by the activities that are precipitating the conversion. If it is anticipated that the precipitating activities impact the remaining Section 6{f) area, the proposed area for the conversion should be expanded to encompass all impacted park land. The proposed conversion is to only adjust the existing 6(f)(3) boundary. The adjustments occur in a few distinct areas as indicated in the attached exhibit, Proposed 6(/)(3} Boundary on Proposed Site Plan. MOml "-OTTO SCAU •--•- • EXl~TING IOUNOARY • 173,17J SF , , ~ltOl'OSEO l!OUMO.C..IIY • 199.019 sr ~ SCt!OOl lllJILDll~GS a&t AREA EXCLUDED FROM aQUl•lD/\RY , ...* PROPOSED 61fl3 BOUNDARY CARDIFF ON PROPOSED SITE PLAN S~CHOOL-.S Project Number: 06-01346 - Cardiff School's George Berkich Park 11 Starting in the northwest corner of the site and moving in a clockwise direction, the boundary is described to be adjusted as follows: 1. A new parcel of land owned by the District with a net area of 8,350 square feet is to be added. This parcel is located at the Intersection of Montgomery Avenue and San Elijo Avenue, Immediately adjacent to the northwest corner of the existing 6(f)3 boundary. This parcel has a gross area of 9,150 square feet. It includes an 800-scjuare foot building that is omitted from the boundary area calculation. This building is an historical structure that has not been seismically upgraded nor has it been approved . by the Division of the State Architect and therefore it is not available for use by students or the community. There are no current plans or funding available to complete such upgrades for use by District students and/or the community as part of the Project or the foreseeable future. 2. The parking and drop-off /pick-up area located at the main entrance to the open recreation area along Montgomery Avenue Is to be added. This adjustment adds approximately 24,400 square feet to the boundary. 3. The boundary is adjusted to omit the multi-purpose building and some adjacent landscaped areas. The total area deducted from the boundary is approximately 6,200 square feet. 4. The eastern edge of the boundary starting from a point near the southern end of the Outdoor Assembly area Is adjusted to omit the existing science and art lab building and the western end of the proposed classroom building that encroaches into the existing boundary along with immediately adjacent landscape areas around these two buildings. The total area deducted from the boundary is approximately 6,450 square feet. 5. The entire hard court area, including a basketball court and 6 wall ball courts is to be added. This adjustment adds approximately 6,550 square feet to the boundary. 6. The boundary located along Mozart Avenue is adjusted to omit a portion of a classroom building and adjacent site area. The total area deducted from the boundary is approximately 3,200 'square feet. 7. The total area contained within the original 6(f)3 boundary that is proposed to be converted is approximately 15,850 square feet. RESPONSE TO PD/ESF SECTION 3.8.5.c: Description of the community and population served by the park, including users of the park and uses. Cardiff-by-the-Sea, usually referred to as Cardiff, is a beach community located in Encinitas in San Diego County, California. The Pacific Ocean and its beaches are to the west of Cardiff, the rest of Encinitas on its east and north, and a lagoon on its south. With a population of 11,537, Cardiff-by-· Project Number: 06-01346 - Cardiff School's George Berkich Park ! 12 I the-Sea operates as part of the city of Encinitas, but unlike the other communities that comprise Encinitas, has Its own zip code (92007), Cardiff is also home to a few well-knowns urf spots, such as Swami's and Cardiff Reef. In 1911, this former farming community began to develop when Boston developer J. Frank Cullen broke ground to build new homes. Frank Cullen's wife, a native of Cardiff, Wales, persuaded him to name the community "Cardiff", as well as many streets, such as "Birmingham", "Oxford", "Chesterfield" and "Manchester", despite heavy Spanish influence in the area.' Mr. Cullen originally donated the land where Cardiff School, formerly called Cullen School, is located. The playfield portion of the site the District calls George Berkich Park was purchased later by the District. In 1986, "Cardiff" joined with the nearby communities of Leucadia, Olivenhain, and "old" and "new" Encinitas to form the incorporated city ofEncinitas. Cardiff Sports Park, located 1.2 miles east, is a 10-acre park originally owned by the Cardiff School District and leased to the City for $1/year from 1988 to 2000. In 2000, the District sold this prime 10-acre coastal property to the City for only $233,000 per acre. The District used the proceeds to improve the District's other elementary school, Ada Harris, School, which the District allows the City to also use its playfields for the City's outdoor recreation programs. Glen Park, a small neighborhood park, is located one half mile south of Cardiff School. Also, located in the Cardiff community less than a mile north of Cardiff School's George Berkich Park is Encinitas Community Park, a newer 44-acre park completed in 2015. This park features multi-use sports fields, a large skate park, dog park, and open space. Since the opening of the Cardiff Sports Park and Encinitas Community Park, organized sports at Cardiff Elementary School's George Berkich Park has decreased to one sports team, Cardiff Youth Soccer. The majority of activities that occur during non-school hours are Independent sports/recreational activities, family outdoor activities, and various other outdoor events and activities. Cardiff and its neighboring communities are home to numerous State beaches and parks. Across the adjacent rail corridor and Coast Highway 101 from Cardiff School's George Berkich Park is San Elijo State Beach, which includes a large.oceanfront campground. To the south are Cardiff State Beach and Seaside State Beach as well as the San Elijo Lagoon State Conservation Area. To the north are Swami's State Beach and Sea Cliff County Park. According to the 2010 Census, Cardiff-by-the-Sea Is 72% white, 20% Hispanic, 3% Asian, 1% African• American and 4%. (Statistical Information and some text for this response sourced from Wlkipedia.) Project Number: 06-01346- Cardiff School's George Berkich Park I 13 ! RESPONSE TO PD/ESF SECTION 3.8.5.d: For partial conversions, a revised 6{f) map clearly indicating both the portion that is being converted and the portion remaining intact under Section 6{f). FXI\T1NG BOUNDARY. 173,173 Sf l'ROl-'ClStu BOUl~U"lV" l!J<.l.Ol'l Sf CJ SCHOOl Rl.lLUINGS - AREA EXClUOtD fROM ilOUNOARY PROPOSED 6(f}3 BOUNDARY ON PROPOSED SITE PLAN RESPONSE TO PD/ESF SECTION 3.8.6.a: Specific geographic location on a map, 9- digit zip code, and geographical relationship of converted and replacement sites. If site will be added to an existing public park/outdoor recreation area, indicate on map. This conversion is a boundary adjustment on the same site. This information is the same as Section 3.B.5.a. George Berkich Park is located on the Cardiff Elementary School site: 1888 Montgomery Avenue Cardiff-By-The-Sea, CA 92007 Project Number: 06-01346 - Cardiff School's George Berkich Park 14 RESPONSE TO PD/ESF SECTION 3.8.6.b: Description of the site's physical characteristics and resource attributes· with number and types of resources and features on the site, for example, 15 acres wetland, 2,000 feet beachfront, 50 acres forest, scenic views, 75 acres riparian, vacant lot, special habitat, any unique or special features, structures, recreation amenities, historic/cultural resources, hazardous materials/contamination history, restrictions, institutional controls, easements, rights-of-way, overhead/underground utilities including overhead wires, towers, etc. The proposed replacement site area is a portion of the Cardiff Elementary School site owned by the Cardiff School District that is not Included within the existing 6(f)(3) boundary. The total area of the school site not included in the existing 6(f)(3) is approximately 149,557 square feet or approximately 3.43 acres. Portions of this site are being proposed to be used as conversion area. RESPONSE TO PD/ESF SECTION 3.8.6.c: Identification of the owner . of. the replacement site and its recent history of use/function up to the present. Cardiff School District 1888 Montgomery Avenue Cardiff-by-the-Sea, CA 92007 Attn: Jill Vinson, Superintendent Cardiff School has operated continually as an elementary school on this same site since its founding 106 years ago. The land is owned in its entirety by the Cardiff School District and is unencumbered by any deed restrictions and/or easements. The entire site, including the school playgrounds named George Berkich Park, operates as an elementary school with public access and use granted by permission and controlled through the use of fencing and gates. A portion of the school's playgrounds has been designated as outdoor recreation area per a LWCF grant. RESPONSE TO PD/ESF SECTION 3.8.6.d: Detailed explanation of how the proposed replacement site is of- reasonably equivalent usefulness and location as the property being converted, including a description of the recreation needs that will be met by Project Number: 06-01346 - Cardiff School's George Berkich Park 11s I the new replacement parks, populations to be served, and new outdoor recreation resources, facilities, and opportunities to be provided. The proposed conversion ls a boundary adjustment that occurs as a result of the redesign and reconfiguration of the site amenities on the same site. The usefulness of the outdoor recreation areas is enhanced and the population of the users ls expanded through the inclusion of expanded . parking and children pick-up/drop-off loading areas. This expanded parking and loading areas will allow more users who live beyond comfortable walking and biking distance to be better able to enjoy the outdoor recreation areas. The gross area of land made available for inclusion within the 6(f)(3) boundary has the potential to increase the 6(f)(3) boundary by approximately 25;846 square feet. If the total area available is selected by OGALS then the net useable outdoor recreation areas within the 6(f)(3} boundary increases by approximately 13,481 square feet. The reconfiguration provides reasonably equivalent usefulness and enhances the outdoor recreation area and the user experience in the following ways: 1. The open playfield areas are designed to limit the amount of storm water intrusion. The entire grass play area is located on the lowest area of the entire site. While this is ideal from a standpoint of capturing storm water runoff, the entire grassy area is rendered useless and closed for public use for a period of time following a rainstorm. The proposed design incorporates two landscaped bio-swale water infiltration basins. These · basins are strategically located to capture the majority of storm water runoff, thereby reducing the impact to the greater grassy field areas. These bio-swales are designed to be outdoor recreation play areas at all times except during times of heavy rain. As a result, the large open play area remains available for use more often. These areas are also planned to enhance the picnic areas. Boulders are located in this area to provide elements for play as well as additional places to sit. 2. Relocating the apparatus play area to the southern end of the site allows the grass playflelds to function as one contiguous area, providing for greater visibility and supervislon.Thls also provides more flexibility for use ofthe field area by the community by allowing an increased number of smaller contiguous soccer fields by changing their orientation. The apparatus area currently bifurcates the grass playfields, causing concerns for supervision and safety of children. Currently the northern grass playflelds are underutilized during school hours because of concerns regarding student supervision and safety. 3. The apparatus area will be constructed to meet current ADA accessibility standards and include new, safe, interactive play equipment. Project Number: 06-01346 - Cardiff School's George Berkich Park 16 4. The underutilized exposed dirt softball/baseball infield is to be covered with grass In support of soccer and other open field activities. This enhancement adds approximately 9,850 square feet of more useable grass play surface to the open field areas. 5. The inclusion of the entire hard court area allows community access to a large open paved· area that allows room for young children to ride scooters and learn to ride a bicycle. 6. A full-size basketball court is proposed for the hardcourt area. It will be equipped with two regulation height baskets for general comm unltv use as well as three lower nets for use by smaller children. 7. Six concrete 3-wall ball courts are proposed. These courts are used for wall-ball and allow the community a place to practice tennis and lacrosse. 8. Picnic areas are to be provided in two locations instead of just one. One is located north of the multi-purpose building and the other is located south of the apparatus play area. 9. The existing school garden program is located on the approximately 8,000 square foot parcel of land to be added in the northwest corner of the site. This garden area will be shared with the community outside of the school day and during summer break as further described In Resolution No. 19-20-03. The District commits to posting a complete schedule for availability and guidelines for community garden use by the start of each school instructional year. 10. The restrooms located in the classroom/laboratory building can be made available for use by community organizations reserving the use of the outdoor recreation areas. 11. An approximately 4,000 square foot outdoor plaza area is. provided along the eastern edge of the field areas. This type of space currently does not exist. It will provide a large plaza for .group gatherings adjacent to the field and assembly seating areas. 12. The outdoor concrete plaza will be constructed to meet current ADA accessibility standards and provide direct access to the center of the playfield areas. 13. An approximately 2,000 square foot outdoor assembly seating area Is to be added. It will be . built into the side of the slope adjacent to the outdoor plaza area. This type of seating currently does not exist. It will provide a large area for seating either for wge group functions or for viewing games in the adjacent field areas and takes advantage of a portion of the site that is currently not useable due to its slope. 14. The outdoor concrete assembly seating area will be constructed to meet current ADA accessibility standards and provide integrated access to this assembly area. 15. Parking for approximately 40 vehicles will be provided and permanently designated for use by visitors to the open recreation area during non-school hours. 16. Handicap/van accessible parking will. be provided and will be permanently designated for use by visitors to the open recreation area during non-school hours. Project Number: 06-01346 - Cardiff School's George Berkich Park I 17 I 17. Drop-off/pick-up space will be provided on site to provide increased safety to children rather than using the adjacent San Elijo Avenue, which was observed by OGALS as having vehicles traveling at a high rate of speed. 18. Pursuant to Resolution No. 19-20-03 the District shall keep a record of the hours of public use availability, such record of public use hours will be posted on the District's website and made available to OGALS and the public upon request. The District shall also provide appropriate signage consistent with this Resolution and hours of availability on the Playfields. RESPONSE TO PD/ESF SECTION 3.8.6.e: Identification of owner and manager of the new replacement park? Cardiff School District 1888 Montgomery Avenue Cardiff-by-the-Sea, CA 92007 Attn: Jill Vinson, Superintendent RESPONSE TO PD/ESF SECTION 3.8.6.f: Name of the new replacement park. If the replacement park is added to an existing public park area, will the existing area be included within the 6(/) boundary? . What is the name of the existing public park area? The current larid area defined by the 6(f)(3) boundary is a part of a fully operational elementary school. George Berkich Park Is the name given to a portion of the Cardiff Elementary School playgrounds in 1988 to honor Mr. George Berkich upon his retirement as Cardiff School's principal for the previous 25 years. Cardiff School has operated continually as an elementary school on this same site since its founding 106 years ago. However, pursuant to Resolution No. 19-20-03, the District remains committed to maintaining and keeping open the playfields, also known as George Berkich Park, for public use In perpetuity in substantlallv the configuration set forth in the boundary adjustment/conversion proposal and 6(f)(3) boundary described herein, when not needed for school purposes. RESPONSE TO PD/ESF SECTION 3.8.6.g: Timeframe for completing the new outdoor recreation area(s) to replace the recreation opportunity lost per the terms of conversion approval and the date replacement park(s) will be open to the public. Project Number: 06-01346 - Cardiff School's George Berkich Park I 1s Construction is anticipated to begin in June 2019 and conclude in April 2021. Upon completion of construction all construction materials will be removed from the site, no staging of any materials will occur, and the entire outdoor recreation area, as indicated by the proposed 6(f)3 boundary map, will be available for community use when not needed for school purposes. Since the elementary school must remain fully operational, construction is planned to occur in two phases. It is anticipated that only a small portion of the playfield areas will remain open during construction in order to accommodate school children play activities. Due to safety, security and insurance liability concerns related to the construction and the general contractor, the site will only be accessible to the school during this period. However, pursuant to Resolution No. 19-20-03, upon completion of the construction in April 2021, the District remains committed to maintaining and keeping open the playfields, also known as George Berkich Park, for public use in perpetuity in the configuration set forth in the boundary adjustment/conversion proposal and 6(f)(3) boundary described herein, when not needed for school purposes. RESPONSE TO PD/ESF SECTION 3.8.6.h: New Section 6{f) map for the new replacement park. See exhibit below, Proposed 6(/)(3) Boundary on Proposed Site Plan. Project Number: 06-01346 - Cardiff School's George Berkich Park 119 •----• fXISTINGBOUNOAIW~ 17l,17JSf •••••nn,, PII.OPOSHlHOUMOI\IIY• !9'1,019SF ~ SCIIOOLHlJILOINGS fm'&l AIIEA ~CLuorn !MOM BOUNOA~Y * ...*, PROPOSED 6(f)3 BOUNDARY CARDIFF ON PROPOSED SITE PlAN ~SCH .....O O.,_..LS RESPONSE TO PD/ESF SECTION 3.8.7: NEPA environmental review, including NHPA Section 106 review, for both the converted and replacement sites in the same document to analyze how the converted park land and recreational usefulness will be replaced. Except for "small" conversions (see LWCF Manual Chapter 8}, conversions usually require an EA. This proposal qualifies for a Categorical Exclusion (CE). • CE Item#: Small Conversion. • Explanation: The existing 6{f)3 boundary is approximately 173,173 square feet in area based on the original grant agreement. The total areas that encroach into the original boundary at Project completion necessitate a conversion of approximately 15,850 square feet, which is approximately 9.2% of the total existing boundary area based on the following breakdown: o Removal of new multi-purpose room building square footage of approximately 6,200 square feet. o Omission/removal of existing science and art lab building constructed in 2002 and adjacent western end of the proposed classroom building to be constructed as part Project Number: 06-01346 - Cardiff School's George Berkich Park 20 of the Project that encroaches into the existing boundary along with immediately adjacent landscape areas around these two buildings. The total area deducted from the boundary is approximately 6,450 square feet. o The boundary located along . Mozart Avenue is adjusted to omit a portion of a classroom building and adjacent site area. The total area deducted from the boundary is approximately 3,200 square feet. o The total area contained within the original 6(f)3 boundary that is proposed to be converted based on these Improvements is approximately 15,850 square feet. • The proposed amended 6(f)(3) boundary would Include a minor adjustment to the alignment of the boundary. The revised boundary will exclude building footprints on the project site (see Proposed 6(f)(3) Boundary) and increase the outdoor recreational area with the addition of contiguous land from the same parcel of land providing a net gain of square footage of more than 25,000 square feet. ' STEP 5. Summary of Previous Environmental Review All California public projects must adhere to the California Environmental Quality Act (CEQA). Because Cardiff Elementary School's George Berkich Park is a California public school property, the improvements proposed by the Cardiff School District must follow the CEQA process. Per CEQA . . . guidelines the scope of work proposed to occur at Cardiff Elementary School does not exceed the threshold that legally necessitates an environmental review; however, because a small contingent of local neighbors initially opposed the project, the District decided to prepare a comprehensive Environmental Impact Report. A Draft Environmental Impact Report was issued in October 2018. A Final Environmental Impact Report was adopted by the Cardiff School District on February 7, 2019. Both documents are available for review. No agencies provided comments to the EIR. RESPONSE TO PD/ESF SECTION 5.1: Date of environmental teviewis), purpose for the environmental review(s) and for whom they were conducted. A Notice of Preparation and Initial Study (NOP/IS) were distributed for comment between May 8, 2018 and June 6, 2018. The purpose of the NOP/IS was to notify agencies and the public of the project and to determine which environmental Impact issues should be resolved in the Draft EIR. The Draft Environmental Impact Report (Draft EIR) was distributed for public comment between October S, 2018, and November 19, 2018. The Draft EIR was prepared to analyze and disclose Project Number: 06-01346- Cardiff School's George Berkich Park 121 project impacts to responsible agencies, commenting agencies, and the public; the project would not result In significant unavoidable impacts. RESPONSE TO PD/ESF SECTION 5.2: Description of · the proposed action and alternatives. The proposed project entails demolition of five 1-story buildings, a portion of another building, and eight relocatable classrooms; construction of ten t-storv wood-framed buildings and a two• classroom addltlon to an existing building; and modernization of two existing buildings. The project would increase the school's building area QY approximately 5,289 net square feet, including one new classroom and one specialty lab. The project would also enhance onsite passenger loading and parking. Construction would commence summer 2019 and be completed in approximately 19 months. The project analyzed four alternatives. Alternative 1, Maintain Multipurpose Room in Currently Location, and Alternative 2, Scheme B Site Plan were considered but rejected by the District. Alternative A, No Project Alternative, and Alternative B, Reduced · Ca' pacity Alternative, were selected for analysts. RESPONSE TO PD/ESF SECTION 5.3: Who was involved in identifying resource impact issues and developing the proposal including the interested and affected public, government agencies, and Indian tribes? Preparers of the Environmental Impact Report: Randy Peterson, FAIA, Bond Program Manager, Cardiff School District Mark Teague, Associate Principal, Placeworks Nicole Vermillion, Associate Principal . John Vang, Senior Associate, Air Quality and GHG Josh Carman, Senior Associate, Noise Michael Milroy, Associate Michael Paul, Project Planner, Placeworks Eli Krispi, Associate Organizations and Persons Consulted: Margo Cobain, EDCO Waste and Recycling Services Clint Linton, lipay Nation of Santa Ysabel Project Number: 06-01346- Cardiff School's George Berkich Park 122 Gayle Totton, Native American Heritage Commission Gary Rivers, North Coastal Sheriff Station Jean Lacher, Office of Grants and Local Services Christ Devers, Pauma Band of lulseno Indians Katie Mccomas, San Diego Natural History Museum Scott Vurbeff, City of Encinitas RESPONSE TO PD/ESF SECTION 5.4: Environmental resources analyzed and determination of impacts for proposed actions and alternatives. Less Than Significant Impacts Based on the analyses in Chapter 5, Environmental Analysis, the proposed project would result in less than significant environmental effects to aesthetics, air quality, greenhouse· gas emissions, hydrology and water quality, land use, noise, transportation and traffic, and energy. Less Than Significant with Mitigation Incorporated Impacts . Based on the analyses in Chapter 5, Environmental Analysis, the proposed project would result in significant environmental effects prior to mitigation on these environmental resource topics: Biological Resources. Development of the project could impact special status bat and migratory nesting bird species. ,. - Cultural Resources. Earthmoving activities during construction may uncover buried archaeological and paleontological resources. Improvements to the Little Brick Building · could result in impacts to an historical resource. - Geology and Soils. Project construction could expose people and structures to unstable and expansive soils. - Tribal Cultural Resources. Earthmoving activities during construction may uncover buried triba I cultural artifacts. Impacts would be less than significant after implementation of mitigation (as identified in question 5. below). Alternatives The alternative that results in the least environmental impact, considering both the frequency and magnitude of the impact, is the· environmentally superior alternative. Alternative A is the alternative that results in the least environmental impact. Alternative A, the No Project Alternative, would be environmentally superior to the proposed project under 10 resource areas analyzed in the EIR, environmentally neutral under 1 resource area, and environmentally Inferior under 1 Project Number: 06-01346 - Cardiff School's George Berkich Park 23 resource area; Alternative B, Reduced Capacity Alternative, would be environmentally superior in 4 resource areas and environmentally neutral under 8 resource areas. Therefore, the No Project Alternative is the environmentally superior alternative, and the Reduced Capacity is the next environmentally superior alternative, It should be noted that none of the alternatives considered met all of the project objectives. The No Project Alternative did not meet 9 of the 12 objectives and the Reduced Capacity Alternative did not meet 2 of the 12 objectives. RESPONSE TO PD/ESF SECTION 5.5: Any mitigation measures to be part of the proposed action. Biological Resources: B10-1 A preconstruction nesting bird survey shall be conducted by a qualified biologist (i.e., one with experience conducting nesting bird surveys) to ensure potential impacts to nesting bird species do. not occur during the breeding season. The survey shall comply with the conditions in the MBTA and California Fish and Game Code with methods accepted by the US Fish and Wildlife Service and the California Department of Fish· and Wildlife to protect active bird/raptor nests. To the extent feasible, vegetation/tree clearing shall take place outside the general avian breeding season (February 1 through August 31). If vegetation clearing and/or tree removal cannot occur outside the general avian breeding season, then a preconstruction survey for avian nesting shall be conducted by a qualified biologist on the project site and areas within 500 feet of the site, within seven calendar days prior to the start of construction. If the biologist does not find any active nests within or immediately adjacent to the impact area, the vegetation clearing/construction work shall be allowed to proceed. If the biologist finds an active nest within or immediately adjacent to the construction area and determines that the nest may be impacted or breeding activities substantially disrupted, the biologist shall delineate an appropriate buffer zone around the nest depending on the sensitivity of the species and the nature of the construction activity. Any nest found during survey efforts shall be mapped on the construction plans. The active nest shall be protected until nesting activity has ended, To protect any nest site, the following restrictions to construction activities shall be required until nests are no longer active, as determined by a qualified biologist: work may proceed if it ls (1) at least 500 feet from raptor nests; (2) at least 300 feet from federal- or state-listed bird species' nests; and (3) at least 100 feet from nonlisted bird species' nests. Encroachment into the buffer area around a known nest shall only be allowed if the biologist determines that the proposed activity would not disturb the occupants of the nest. A qualified biologist shall conspicuously mark the buffer so that vegetation clearing and/or Project Number: 06-01346 - Cardiff School's George Berkich Park I 24 i tree removal/trimming does not encroach into the buffer until the nest is no longer active {i.e., the nestlings fledge, the nest fails, or the nest is abandoned, as determined by a qualified biologist). All recommendations provided by the biologist-shall be complied with. 810-2 No less than 7 days and no more than 14 days prior to beginning ground disturbance and/or demolition, a qualified wildlife biologist will conduct surveys for special-status bats on two days, during the appropriate time of day to maximize detectability, to _determine if bat species are roosting near the work area. Survey methodology may include visual surveys of bats (e.g., observation of bats during foraging period), inspection for suitable habitat, mistnetting, bat sign (e.g., guano), or use of ultrasonic detectors (e.g., Anabat). The type of survey will depend on the condition of the potential roosting habitat. If no bat roosts are found, then no further study is required. If evidence of bat use is observed, the number and species of bats using the roost will be determined. Bat detectors may be used to supplement survey efforts. If roosts are identified in structures onsite and must be removed, the bats will be excluded from the roosting site before the facility is removed. A mitigation program addressing · compensation, exclusion methods, and roost removal procedures will be developed prior to implementation. Exclusion methods may include use of one-way doors at roost entrances (bats may leave, but not reenter) or sealing roost entrances when the site can be confirmed to contain no bats, Exclusion efforts may be restricted during periods· of sensitive activity (e.g., while females in maternity colonies are nursing young), If roosts must be removed, the project applicant shall provide bat houses constructed on- or off-site in locations and settings where bats would be likely to use them. If bat houses are required, the District shall consult with the wildlife biologist regarding the design, materials, locations, and settings of the bat houses. Cultural Resources CUL-1 Prior to start of construction, the Cardiff School District shall retain a qualified historic architect or architectural historian (with experience in preparing rehabilitation plans) to assist in developing plans for the future use and function of the Little Brick Building. The District shall provide documentation to the public prior to application for a building permit that the plans for the building meet the requirements of The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, & Reconstructing Historic Buildings. CUL-2 Prior to the start of construction, Cardiff School District shall retain a qualified archaeologist to rnonitor.ground-dlsturblng activities. The archaeologist shall attend a meeting with the grading contractor, engineering geologist, grading engineer, and school authorities to · establish a protocol for monitoring during all earth-disturbing activities. The meeting shall briefly summarize the prehistoric and historic use of the land, describe the types of cultural Project Number: 06-01346- Cardiff School's George Berkich Park 25 resources that may be encountered in the project area, and outline steps to follow in the event a discovery Is made. The training shall be developed and presented by a registered professional archaeologist (RPA) and may run concurrently with other environmental training (biological, paleontology, safety training, etc.). The training may be videotaped or presented in an Informational brochure for future use by field personnel not present at the start of the project phase. The 'RPA shall have the authority to stop grading or construction work within 25 feet of anv discovery of potential historical or archaeological resources In order to test, analyze, and make a finding of significance under Section 15064.5 of the California Environmental Quality Act Guidelines; develop a plan for recovery, analysis, report, and curation of the recoveries, as appropriate; and report to an accredited and permanent scientific institution, such as the South Central Coastal Information Center and San Diego Natural History Museum. CUL-3 Prior to the start of construction, the Cardiff School District shall retain a qualified paleontologist to determine if grading and excavation activities will encounter older Quaternary paralic deposits. If it is determined that older Quaternary paralic deposits will not be encountered, no additional work is required. If it is determined that construction could encounter older Quaternary deposits, the qualified paleontologist shall provide training to the construction staff, including but not limited to the grading contractor, engineering geologist, grading engineer, and school authorities to outline steps to follow in the event that a discovery is made. The paleontologist shall establish a protocol for monitoring during all earth-disturbing activities. The training shall be developed and presented by the paleontologist and may be videotaped or presented in an informal brochure for future use by field personnel not present at the start of the project phase. During construction, the paleontologist shall have the authority to halt construction activities to allow a reasonable amount of time to identify potential resources. If paleontological resources are discovered, the construction crew shall immediately cease work in the vicinity of the find. The paleontologist shall prepare a recovery plan In accordance with the Society of Vertebrate Paleontology guidelines (1996), which may include, but is not limited to, a field survey, construction monitoring, sampling and data recovery procedures, museum storage coordination, and a report of findings. Necessary and feasible recommendations in the recovery plan can also be provided by the lead agency and shall be implemented before construction activities resume at the site where the resources were discovered. Any discovered resources shall be curated with the facilities at the San Diego Natural History Museum. Geology and Soils Project Number: 06-01346 - Cardiff School's George Berkich Park 126 GEO-1 The proposed project shall be designed and constructed in accordance with the geotechnical engineering recommendations . presented in Construction Testing & Engineering's Geotechnical Investigation Proposed Improvements to Cardiff School, subsequent geotechnical studies. prepared for the proposed project, and recommendations provided by the geotechnlcal engineer. These recommendations address site preparation and grading, excavation, fill placement and compaction, onsite materials, and foundation and slab design to ensure potential soil hazards are remedied and the project adheres to the California Building Standards Code. Tribal Cultural Resources TCR-1 The RPA shall also monitor for potential tribal cultural resources. if tribal cultural resources are recovered, the RPA shall contact the liaisons for the local Native American tribes, including their Native American monitors, to assess the find and as appropriate return the artifact to the appropriate tribe(s). RESPONSE TO PD/ESF SECTION 5.6: Intergovernmental Review Process (Executive Order 12372): Does the State have an Intergovernmental Review Process? Yes IZJ No O. If "Yes", has the LW~F Program been selected for review under the State Intergovernmental Review Process? Yes IZJ No O. RESPONSE TO PD/ESF SECTION 5.7: Public comment periods {how long, when in the process, who was invited to comment) and agency response. Notice of Preparation and lnltlal Study A Notice of Preparation and Initial Study (NOP/IS) were distributed for comment between May 8, 2018 and June 61 2018. The NOP/IS was distributed by the State Clearinghouse to the Air Resources Board, Caltrans District 11, Coastal Commission, Department of Conservation, Department of Education, Fish and Ganie Region 5, Department of General Services, Native American Heritage Commission, Office of Historic Preservation, Office of Public School Construction, Department of Parks and Recreation, Regional Water Quality Control Board 9, State Water Resources Control Board (Water Quality), and Department of Toxic Substances Control. The District distributed the NOP to the City of Encinitas Planning and Building Department, City of Carlsbad, State of California Department of Parks and Recreation, City of Solana Becah Planning Division, San Elijo Joint Powers Authority, San Diego Air Pollution Control District, San Diego County Planning and Development Project Number: 06-01346 - Cardiff School's George Berkich Park 27 Services, San Dleguito Water District, North Coastal Sheriff Station, City of Encinitas Fire Department, San Diego County Assessor, Barona Group of the Capitan Grande, Campo Band of Mission Indians, Ewiiaapaayp Tribal Office, tlpav Nation of Santa Ysabel, lnaja Band of Mission · 1ndians, Jamul Indian Village, Kwaaymii Laguna Band of Mission Indians, La Pasta Band of Mission Indians, Manzanita Band of Kumeyaay Nation, Mesa Grande Band of Mission Indians, Pauma Band of Luiseno Indians, San Pasqual Band of Mission Indians, Sycuan Band of Kumeyaay Nation, Viejas Band of Kumeyaay Indians, San Diego Association of Governments, and North County Transit District. The District received four agency comment letters and 31 public comment letters. Agency responses are summarized and addressed in the Draft EIR as follows in Table 2-1 Agency Responses. Table 2-1 Agenc1 Responses Aaencv Comment Summarv Issue Addressed In: Vlejas Band of • The Viejas Band of Kumeyaay Indians stated that the projeci area may DEIR 5.4, Cultural Kumeyaay Indians contain sacred sites to the Kumeyaay people. Resources • The Viejas Band of Kumeyaay Indians requests that: DEIR 5.11, Tribal Cultural - All NEPNCEQNNative American Graves Protection and Repatriation Act Resources laws be followed. · - The Viejas Band of Kumeyaay Indians be contacted on any changes or Initial Study 5,5, Cultural inadvertent discoveries. Resources (Appendix 1-1) - Sacred sites be avoided with adequate buffer zones. Project Number: 06-01346 - Cardiff School's George Berkich Park 28 Table 2-1 Agenc~' Responses Aaency Comment Summary Issue Addressed In: Native American • The NAHC recommends consulting with legal counsel about compliance with DEIR 5,4, Cultural Heritage Commission AB 52 and SB 18 as well as other applicable laws. Resources (NAHC) • The NAHC states that lead agencies shall consult with all California Native DEIR 5.11, Tribal Cultural American tribes affiliated with the geographic area of the proposed project. Resources • The NAHC provides recommendations for cultural resources assessments to adequately assess the existence and significance of tribal cultural resources. Recommendations Include: - Contacting the appropriate regional California Historical Research Information System. - Preparing a professional archaeological report detailing findings and recomme_ndations of the records search and field survey, as required. - Contacting the NAHC for a Sacred Lands File search and a Native American Tribal Consultation List. - Being aware that lack of surface evidence of archaeological resources does not preclude their subsurface existence. Department of Toxic • The DTSC states that the EIR should identify and determine whether current Initial Study 5,8, Hazards Substances Control or historical uses at the project site may have resulted in any release of and Hazardous Materials (DTSC) hazardous wastes/substances, (Appendix 1-1) • The DTSC states that the preparation of a Phase I Environmental Site Assessment may be necessary to identify recognized environmental conditions (REC). • The DTSC recommends environmental oversight under the DTSC school program to ensure the school is safe. • The DTSC states that if there are RE Cs In the project area, then proper investigation, sampling, and remedial actions are overseen by regulatory agencies prior to any construction. Governor's Office of • The OPR distributed the NOP to the following agencies: N/A Planning and - California Coastal Commission Research (OPR) - Office of Historic Preservation - Department of Water Resources - Fish and Wildlife Region 5 - Native American Heritage Commission - California Department of Education - Public Utilities Commission - California Highway Patrol - Caltrans, District 11 - Callfomla Department of Resources, Recycling and Recovery - State Water Resources Control Board, Division Drinking Water #14 - Department of Toxic Substances Control - Department Gf Fish andWlidlife, Marine Region Community Participation Program Public Meeting The District held a public information meeting on Tuesday June 12, 2018. The District distributed the notice to the City of Encinitas Planning and Building Department, City of Carlsbad, State of California Department of Parks and Recreation, City of Solana Beach Planning Division, San Elijo Joint Powers Authority, San Diego Air Pollution Control District, San Diego County Planning and Project Number: 06-01346 - Cardiff School's George Berkich Park 29 Development Services, San Dieguito Water District, North Coastal Sheriff Station, City of Encinitas Fire Department, San Diego County Assessor, Barona Group of the Capitan Grande, Campo Band of Mission Indians, Ewiiaapaayp Tribal Office, lipay Nation of Santa Ysabel, 'lnala Band of Mission Indians, Jamul Indian Village, Kwaaymii Laguna Band of Mission Indians, La Posta Band of Mission Indians, Manzanita Band of Kumeyaay Nation, Mesa Grande Band of Mission Indians, Pauma Band of Luiseno Indians, San Pasqual Band of Mission Indians, Sycuan Band of Kumeyaay Nation, Viejas . Band of Kumeyaay Indians, San Diego Association of Governments, and North. County Transit District. The District also distributed the notice to residents that commented on the NOP during the public revlew.perlod. Draft Environmental Impact Report The Draft Environmental Impact Report (Draft EIR) was distributed for public comment between October 5, 2018, and November 19, 2018. The Draft EIR was prepared to analyze and disclose project impacts to responsible agencies, commenting agencies, and the public; the project would not result in significant unavoidable impacts. RESPONSE TO PD/ESF SECTION 5.8: Any formal decision and supporting reasons regarding degree of potential impacts to the human environment. On February 7, 2018 the Cardiff School District Board of Trustees adopted Resolution 18-19-06, Making Findings Pursuant to the California Environmental Quality Act for the Cardiff School Modernization and Reconstruction Project; Making CEQA Categorical Exemption Findings; Adopting CEQA Findings of Fact; Certifying and Approving an Environmental Impact Report; Adopting a Mitigation Monitoring Program; and Approving the Project. On February 8, 2018 the Cardiff School District filed a Notice of Exemption and Notice of Determination for the Project with the San Diego County Clerk and the Office of Planning and Research. For additional information reference the following documents. These documents may be obtained on the District's web site. • DRAFT EIR • FINAL EIR • CEQA Findings of Fact • Mitigation and Monitoring Report Project Number: 06-01346 - Cardiff School's George Berkich Park 30 https://www.cardiffschools.com/cms/lib/CA01000801/Centricity/domain/4/boardpackets 2018 1 9/2- 7-19%20Boa rd%20Packetrev. pdf RESPONSE TO PD/ESF SECTION 5.9: Was this proposed L WCF federal action and/or any other federal actions analyzed/reviewed in any of the previous environmental reviews? If so, what was analyzed and what impacts were identified? Provide specific environmental review document references. The project consistency with the LWCF Agreement was addressed in Impact 5.8-2 of the DEIR and was not written off in the Initial Study. For the purposes of analyzing project consistency with the National Parks System Proposal Description and Environmental Screening Form requirements and determining the level of NEPA analysis that would be required as part of the proposed conversion, the project improvements were compared to parts A and B of the Environmental Screening Form, as shown in Tables 5.8-3 and 5.8-4 in Section 5.8 of the DEIR. As provided, with implementation of mitigation measures (as identified in their respective sections of the DEIR), the project would result in less than significant impacts. The proposed improvements would not exceed "minor impacts" or require further studies to determine their significance, and preparation of an EIS or EA would not be required. The District understands from its discussions with OGALS that the District's current proposed boundary map adjustment would qualify for Categorical Exclusion, making it exempt from any further NEPA review. This proposal qualifies for a Categorical Exclusion (CE). • CE Item#: A.2. Minor Boundary Change. • Explanation: The new 6(f)(3) boundary would include a minor adjustment to the alignment of the boundary. The revised boundary will exclude building footprints on the project site (see Proposed 6(f)(3) Boundary) and increase the outdoor recreational area with the addition of contiguous land from the same parcel of land. Project Number: 06-01346 - Cardiff School's George Berkich Park 31 NPS Form 10-904 (Rev, 09/2016) 0MB Control No. 1024-0031 National Parle Service Expiration Date O 1/31/2020 PROPOSAL DESCRIPTION AND ENVIRONMENTAL SCREENING FORM Land and Water Conservation Fund The purpose of this Proposal Description and Environmental Screening Form (PD/ESF) is to provide descriptive and environmental information about a variety of Land and Water Conservation Fund (LWCF) state assistance proposals submitted for National Park Service (NPS) review and decision. The completed PD/ESF becomes part of the "federal administrative record" In accordance with the National Environmental Policy Act (NEPA) and its Implementing regulations, The PD portion of the form captures administrative and descriptive details enabling the NPS to understand the proposal. The ESF portion is designed for States and/or project sponsors to use while the LWCF proposal Is under development. Upori completion, the ESF will Indicate the resources that could be impacted by the proposal enabling States and/or project sponsors to more accurately follow an appropriate pathway for NEPA analysis: 1) a recommendation for a Categorical Exclusion (CE), 2) production of an Environmental Assessment (EA), or 3) production of an Environmental Impact Statement (EIS). The ESF should also be used to document any previously conducted yet still viable environmental analysis if used for this federal proposal. The completed PD/ESF must be submitted as part of the State's LWCF proposal to NPS. Except for the proposals listed below, the PD/ESF must be completed, Including the appropriate NEPA document, signed by the State, and submitted with each newfederal application for LWCF assistance and amendments for: scope changes that alter or add facilities and/or acres; conversions; public facility exceptions; sheltering outdoor facilities; and changing the original intended use of ari area from that which was approved In an earlier LWCF agreement. ,Consult the LWCF Program Manual (www.nps.gov/lwcf) for detailed guidance for your type of proposal and on how to comply with NEPA. · For the following types of proposals only this Cover Page is required because these types of proposals are administrative In nature and are categorically excluded from further NEPA environmental analysis. NPS will complete the NEPA CE Form. Simply check the applicable box below, and complete and submit only this Cover Page to NPS along with the other items required for your type of proposal as instructed In the LWCF Program Manual. D SCORP planning proposal D Time extension with no change In project scope or with a reduction in project scope D To delete work and no other work Is added back Into the project scope D To change project cost with no change in project scope or with a reduction In project scope D To make an administrative change that does n_ot change project scope Name of LWCF Proposal: Date Submitted to NPS: Cardiff School's George Berkich Park I February 14, 2018 LWCF Project Number: Prior LWCF Project Number(s) and Park Name(s) Associated with the Assisted Slte(s): 06-01346 George Berkich Park Local or State Project Sponsoring Agency (recipient, or sub-recipient in case of pass-through grants) Cardiff School District / City of Encinitas Name of Local or State Sponsor Contact: Title Jill Vinson Superintendent Address City State I Zip Code 1888 Montgomery Avenue Encinitas I CA 92007 Phone Email Address I Fax 760-632-5890 . 760-942-5831 [email protected] RECORDS RETENTION • Pennanent. Transfer all permanent records to NARA 15 years after closure. (NPS Records Schedule, Page 32 of46 National Assistance Programs (Item 8.A.2) (N1-79-08-7)) NPS Fann 10-904 (Rev, 09/2016) 0MB Control No, 1024-0031 National Parle Service · Expiration Date 0 1/31/2020 Using a separate sheet for narrative descriptions and explanations, address each item and question in the order it Is presented, and Identify each response w/th Its item number such as $tep 1-A 1, A2; Step 3-81; Step 6-A 1, A29; etc. .. _ .. ,' •\·' '•. ,;i ,.·. ,.·.•·. · ,Step 1. ·r~·of 1.wci=: Pr(?j>Qsal . ·.· · .-::· ., ·. . : "·: '-, ,_: -.: ..... ' ... ·.: ',.:· ,.·. · New Project Application - O Acquisition Development Combination (Acquisition and Development Go to Step A □ Go to Step 28 □ Go to Step 2C New Project Application - 0 Increase in scope or change in scope from original agreement. Complete Steps 3A, and 5 through 7. ~ 6(f) conversion proposal. Complete Steps 38, and 5 through 7. 0 Request for public facility in a Section 6(f) area. Complete Steps 3C, and 5 through 7, _ Request for temporary non-conforming use in a Section 6(f) area. Complete Steps 4A, and 5 through 7. _ Request for significant change in use/intent of original LVVCF application. Complete Steps 4B, and 5 through 7. Request to shelter existing/new facility within a Section 6(f) area regardless of funding source. - Complete Steps 4C, and 5 through 7. :.:·. :', . .'-' A. For an Acquisition Project 1. Provide a brief narrative about the proposal that provides the reasons for the acquisition, the number of acres to be acquired with LWCF assistance, and a description of the property. Describe and quantify the types of existing resources and features on the site {for example, 50 acres wetland, 2,000 feet beachfront, 200 acres forest, scenic views, 100 acres riparian, vacant lot, special habitat, any unique or special features, recreation amenities, historic/cultural resources, hazardous materials/ contamination history, restrictions, Institutional controls, easements, rights-of-way, above ground/underground utilities, Including wires, towers, etc.). . 2. How and when will the site be made open and accessible for public outdoor recreation use {slgnage, entries, parking, site Improvements, allowable activities, etc.)? 3. Describe development plans for the proposal for the ~lte(s) for public outdoor recreation use within the next three (3) years. 4. SLO must complete the State Appraisal/Waiver.Valuation Review form In Step 7 certifying that the appraisal{s) has been reviewed and meets the "Uniform Appraisal Standards for Federal Land Acquisitions" or a waiver valuation was approved per 49 CFR 24.102(c){2)(1I). State should retain copies of the appraisals and make them available if needed. 5. Address each Item In "D" below. B. For a Development Project 1. Describe the physical Improvements and/or facilities that will be developed with federal LWCF assistance, Including a site sketch depicting improvements, where and how the public will access the site, parking, etc. Indicate entrances on 6(f) map. Indicate to what extent the project Involves new development, rehabilitation, and/or replacement of existing facilities. 2. When will the project be completed and open for public outdoor recreation use? 3. Address each item in "D" below. C, For a Combination Project 1. For the acquisition part of the proposal: a. Provide a brief narrative about the proposal that provides the reasons for the acquisition, number of acres-to be acquired with LWCF assistance, and describes the property. Describe and quantify the types of existing resources and features on the site (for example, 50 acres wetland, 2,000 feet beachfront, 200 acres forest, scenic views, 100 acres riparian, vacant lot, special habitat, any unique or special features, recreation amenities, historic/cultural resources, hazardous materials/ contamination history, restrictions, Institutional controls, easements, rights-of-way, above ground/underground utilities, Including wires, towers, etc.) b. How and when will the site be made open and accessible for public outdoor recreation use {slgnage, entries, parking, site Improvements, allowable activities, etc.)? Describe development plans for the proposed for the site(s) for public outdoor recreation use within the next three (3) C. years. SLO must complete the State Appraisal/Waiver Valuation Review fonm In Step 7 certifying that the appralsal(s) has been d. reviewed and meets the "Unifonm Appraisal Standards for Federal Land Acquisitions" or a waiver valuation was approved per 49 CFR 24.102(c)(2)(il): State should retain copies of the appraisals and make them available If needed. 2. For the development part of the proposal: Page 33 of 46 a. Describe the physical improvements and/or facilities that will be developed with federal LWCF assistance, including a site sketch depicting improvements, where and how the public will access the site, parking, etc. Indicate entrances on 6(f) map. Indicate to what extent the project involves new development, rehabilitation, and/or replacement of existing facilities. b. When will the project be completed and open for public outdoor recreation use? 3. Address each item in "D" below. D. For a Combination Project Will this proposal create a new public park/recreation area where none previously existed and is not an addition to an existing 1. public park/recreation area? Yes D (go to #3) No [8:l (go to #2) 2. a. What is the name of the pre-existing public area that this new site will be added to? b. Is the pre-existing public park/recreation area already protected under Section 6(f)? Yes D No D If no, will it now be included in the 6(f) boundary? Yes D No D 3. What will be the name of this new public park/recreation area? 4. a. Who will hold title to the property assisted by LWCF? Who will manage and operate the site(s)? b. What is the sponsor's type of ownership and control of the property? Fee simple ownership Less than fee simple. Explain: Lease. Describe lease terms including renewable clauses, # of years remaining on lease, etc. Who will lease area? Submit copy of lease with this PD/ESF. (See LWCF Manual for program restrictions for leases and further guidance) 5. Describe the nature of any rights-of-way, easements, reversionary interests, etc. to the Section 6(f) park area? Indicate the location on 6(f) map. Do parties understand that a Section 6(f) conversion may occur if private or non-recreation activities occur on any pre-existing right-of-way, easement, leased area? 6. Are overhead utility lines present, and if so, explain how they will be treated per LWCF Manual. 7. As a result of this project, describe new types of outdoor recreation opportunities and capacities, and short and long term public benefits. 8. Explain any existing non-recreation and non-public uses that will continue on the site(s) and/or proposed for the future within the 6(f) boundary. 9. Describe the planning process that led to the development of this proposal. Your narrative should address: a. How was the interested and affected public notified and provided opportunity to be involved in planning for and developing your LWCF proposal? Who was involved and how were they able to review the completed proposal, including any state, local, federal agency professionals, subject matter experts, members of the public and Indian Tribes. Describe any public meetings held and/or formal public comment periods, Including dates and length of time provided for the public to participate in the planning process and/or to provide comments on the completed proposal. b. What information was made available to the public for review and comment? Did the sponsor provide written responses addressing the comments? If so, include responses with this PD/ESF submission. 10. How does this proposal implement statewide outdoor recreation goals as presented in the Statewide Comprehensive Outdoor Recreation Plan (SCORP) (include references), and explain why this proposal was selected using the State's Open Project Selection Process (OPSP). 11. List all source(s) and amounts of financial match to the LWCF federal share of the project. The value of the match can consist of cash, donation, and in-kind contributions. The federal LWCF share and financial matches must result in a viable outdoor recreation area and not rely on other funding not mentioned here. Other federal resources may be used as a match if specifically authorized by law. Source Tvpe of Match Amount 12. Is this LWCF project scope part of a larger effort not reflected on the SF-424 (Application for Federal Assistance) and grant agreement? If so, briefly describe the larger effort, funding amount(s) and source(s). This will capture information about partnerships and how LWCF plays a role in leveraging funding for projects beyond the scope of this federal grant. 13. List all required federal, state, and local permits/approvals needed for the proposal and explain their purpose anp status. Proceed to Steps 5 through 7 , Page 34 of 46 Project Number: 06-01346- Cardiff School's George Berkich Park Step 3. Project-Amendment (See LWCF Manual for guidance)' . . , . : . . , ~-., A. Increase/Change in Project Scope For Acquisition Projects: To acquire additional property that was not described in the original project proposal and NEPA 1. documentation, follow Step 2A-Acqulsltlon Project and 2D. For Development Projects: To change the project scope for a development project that alters work from the original project 2, scope by adding elements or enlarging facilities, follow Step 28-Development Project and 2D. 3. For Combination Projects: Follow Step 2C as appropriate. B. Section 6(f)(3) Conversion Proposal Prior to developing your Section 6(f)(3) conversion proposal, you must consult the LWCF Manual and 36 CFR 59.3 for complete guidance on conversions. Local sponsors must consult early with the State LWCF manager when a conversion is under consideration or has been discovered. States must consult with their NPS-LWCF manager as early as possible In the conversion process for guidance and to sort out and discuss details of the conversion proposal to avoid rnld-course corrections and unnecessary delays. A critical flrst step Is for the State and NPS to agree on the size of the Section 6(fl park land Impacted by any non• recreation, non-public use, especially prior to any appraisal activity, Any previous LWCF project agreements and actions must be Identified and understood to detern,ine the actual Section 6(f) boundary. The Section 6(f)(3) conversion proposal Including the required NEPA environmental review documents (CE recommendation or an EA document) must focus on the loss of public outdoor recreation park land and recreational usefulness, and Its replacement per 36 CFR 59, and not the activities precipitating the conversion or benefits thereof, such as the impacts of constructing a new school to relieve overcrowding or constructing a hotel/restaurant facility to stimulate the local economy. Rather, the environmental review must: 1) focus on "resource impacts" as Indicated on the ESF (Step 6), Including the loss of pu bllc park land and recreatlon opportunities (ESF A-15), and 2) the impacts of creating new replacement park land and replacement recreation opportunities. A separate ESF must be generated for the converted park area and each replacement site. Section 6(f)(3) conversions always have more than minor Impacts to outdoor recreation (ESF A-15) as a result of loss of parkland requiring an EA, except for "small" conversions as defined in the LWCF Manual Chapter 8. For NPS review and decision, the following elements are required to be included in the State's completed conversion proposal to be submitted to NPS: 1. A letter of transmittal from the SLO recommending the proposal. 2. A detailed explanation of the sponsor's need to convert the Section 6(f) parkland Including all efforts to consider other practical alternatives to this conversion, how they were evaluated, and the reasons they were not pursued. 3. An explanation of how the conversion Is In accord with the State Comprehensive Outdoor Recreation Plan (SCORP). 4. Completed "State Appraisal/v\laiver Valuation Review form in Step 7 for each of the converted and replacement parcels certifying that the appraisals meet the "Uniform Appraisal Standards for Federal Land Acquisitions." States must retain copies of the appraisals/waiver valuations and make them available for review upon request. 5. For the park land proposed for conversion, a deta\led description including the following: a. Specific geographic location on a map, 9-diglt zip code, and name of park or recreation area proposed for conversion. b. Description of the area proposed for the conversion Including the acreage to be converted and any acreage remaining. For determining the size of the conversion, consider not only the physical footprint of the activity precipitating the conversion, but how the precipitating activity will Impact the entire 6(f) park area. In many cases the size of the converted area is larger than the physical footprint. Include a description of the recreation resources, facilities, and recreation opportunities that will be Impacted, displaced or lost by the proposed conversion. For proposals to partially convert a Section 6(f) park area, the remaining 6(f) park land must remain recreationally viable and not be impacted by the activities that are precipitating the conversion. If it is anticipated that the precipitating activities Impact the remaining Section 6(f) area, the proposed area for the conversion should be expanded to encompass all Impacted park land. c. Description of the community and population served by the park, including users of the park and uses. d. For partial conversions, a revised 6(f) map clearly Indicating both the portion that Is being converted and the portion remaining intact under Section 6(f). 6. For each proposed replacement site: a. Specific geographic location on a map, 9-dlgit zip code, and geographical relationship of converted and replacement . sites. If site will be added to an existing public park/outdoor recreation area, indicate on map. b. Description of the site's physical characteristics and resource attributes with number and types of resources and features on the site, for example, 15 acres wetland, 2,000 feet beachfront, 50 acres forest, scenic views, 75 acres riparian, vacant lot, special habitat, any unique or special features, structures, recreation amenities, historic/cultural resources, hazardous materials/contamination history, restrictions, Institutional controls, easements, rights-of~way, overhead/underground utilities including overhead wires, towers, etc. c. Identification of the owner of the replacement site and Its recent history of use/function up to the present. Page 35of 46 Project Number: 06-01346 - Cardiff School's George Berkich Park NI'S Form 10-904 (Rev. 09/2016) 0MB Control No, 1024-0031 National Park Service Expiration Date 01/31/2020 d. Detailed explanation of how the proposed replacement site is of reasonably equivalent usefulness and location as the property being converted, including a description of the recreation needs that will be met by the new replacement parks, populations to be served, and new outdoor recreation resources, facilities, and opportunities to be provided. e. Identification of owner and manager of the new replacement park? f. Name of the new replacement park. If the replacement park is added to an existing public park area, will the existing area be included within the 6(f) boundary? What is the name of the existing public park area? g. Timeframe for completing the new outdoor recreation area(s) to replace the recreation opportunity lost per the terms of conversion approval and the date replacement park(s) will be open to the public. h. New Section 6(f) map for the new replacement park. 7. NEPA environmental review, including NHPA Section 106 review, for both the converted and replacement sites in the same document to analyze how the converted park land and recreational usefulness will be replaced. Except for "small" conversions (see LWCF Manual Chapter 8), conversions usually require an EA. Proceed to Steps 5 through 7 , C. Proposal for a Public Facility in a Section 6(f) Area Prior to developing this proposal, you must consult the LWCF Manual for complete guidance. In summary, NPS must review and decide on requests to construct a public indoor and/or non-recreation facility within a Section 6(f) area. In certain cases NPS may approve the construction of public facilities within a Section 6(f) area where it can be shown that there will be a net gain in outdoor recreation benefits and enhancements for the entire park. In most cases, development of a non-recreation public facility within a Section 6(f) area constitutes a conversion. For NPS review, the State/sponsor must submit a proposal to NPS under a letter of transmittal from the SLO that: 1. Describes the purpose and all proposed uses of the public facility such as types of programming, recreation activities, and special events including intended users of the new facility and any agency, organization, or other party to occupy the facility. Describe the interior and exterior of the facility, such as office space, meeting rooms, food/beverage area, residential/lodging area, classrooms, gyms, etc. Explain how the facility will be compatible with the outdoor recreation area. Explain how the facility and associated uses will significantly support and enhance existing and planned outdoor recreation resources and uses of the site, and how outdoor recreation use will remain the primary function of the site. (The public's outdoor recreation use must continue to be greater than that expected for any indoor use, unless the site is a single facility, such as a swimming pool, which virtually occupies the entire site.) 2. Indicates the exact location of the proposed public facility and associated activities on the site's Section 6(f) map. Explain the design and location alternatives considered for the public facility and why they were not pursued. 3. Explains who will own and/or operate and maintain the facility? Attach any 3rd party leases and operation and management agreements. When will the facility be open to the public? Will the facility ever be used for private functions and closed to the public? Explain any user or other fees that will be instituted, including the fee structure. 4. Includes required documents as a result of a completed NEPA process (Steps 5 - 7). Proceed to Steps 5 through 7 , Step 4. Proposals for Temporary Non-Conforming Use, Significant Change in Use, and Sheltering Facilities (See LWCF Manual for auidance.) A. Proposal for Temporary Non-Conforming Use Prior to developing this proposal, you must consult the LWCF Manual for complete guidance. NPS must review and decided on requests for temporary uses that do not meet the requirements of allowable activities within a Section 6(f) area. A temporary non• conforming use is limited to a period of six months (180 days) or less. Continued use beyond six-months will not be considered temporary, and may result in a Section 6(f)(3) conversion of use requiring the replacement of converted parkland. For NPS review, describe the temporary non-conforming use (activities other than public outdoor recreation) in detail including the following information: 1. A letter of transmittal from the SLO recommending the proposal. 2. Describe in detail the proposed temporary non-conforming use and all associated activities, why it is needed, and alternative locations that were considered and why they were not pursued. 3. Explain length of time needed for the temporary non-conforming use and why. 4. Describe the size of the Section 6(f) area affected by the temporary non-conforming use activities and expected impacts to public outdoor recreation areas, facilities and opportunities. Explain efforts to keep the size of the area impacted to a minimum. Indicate the location of the non-conforming use on the site's 6(f) map. 5. Describe any anticipated temporary/permanent impacts to the Section 6(f) area and how the sponsor will mitigate them during and after the non-conforming use ceases. 6. Consult the LWCF Manual for additional requirements and guidelines before developing the proposal. Proceed to Steps 5 through 7 , Page 36 of 46 NPS Fonn 10-904 (Rev. 09/2016) 0MB Control No. 1024-0031 National Park Serv ice Expiration Date 0 I /31/2020 B. Proposal for Significant Change in Use Prior to developing the proposal, you must consult the LWCF Manual for complete guidance. NPS approval must be obtained prior to any change from one eligible use to another when the proposed use would significantly contravene the original plans or intent for the area outlined in the original LWCF application for federal assistance. Consult with NPS for early determination on the need for a formal review. NPS approval is only required for proposals that will significantly change the use of a LWCF-assisted site (e.g., from passive to active recreation). The proposal must Include and address the following items: 1. A letter of transmittal from the SLO recommending the proposal. 2. Description of the proposed changes and how they significantly contravene the original plans or intent of LWCF agreements. 3. Explanation of the need for change in use and how the change is consistent with local plans and the SCORP. 4. Consult the LWCF Manual for additional requirements and guidelines before developing the proposal. Proceed to Steps 5 through 7 "' r C. Proposal for Sheltering Facilities Prior to developing this proposal, you must consult the LWCF Manual for complete guidance. NPS must review and decide on all proposals to shelter an existing outdoor recreation facility or construct a new sheltered recreation facility within a Section 6(f) area regardless of funding source. The proposal must demonstrate that there is an increased benefit to public recreation opportunity. Describe the sheltering proposal in detail, including the following: 1. A letter of transmittal from the SLO recommending the proposal. 2. Describe the proposed sheltered facility, how it would operate, how the sheltered facility will include recreation uses that could typically occur outdoors, and how the primary purpose of the sheltered facility is recreation. 3. Explain how the sheltered facility would not substantially diminish the outdoor recreation values of the site including how the sheltered facility will be compatible and significantly supportive of the outdoor recreation resources present and/or planned. 4. Explain how the sheltered facility will benefit the total park's outdoor recreation use. 5. Describe efforts provided to the public to review the proposal to shelter the facility and has local support. 6. Document that the sheltered facility will be under the control and tenure of the public agency which sponsors and administers the original park area. 7. Consult the LWCF Manual for additional requirements and guidelines before developing the proposal. Proceed to Steps 5 through 7 .. Step 5. Summary of Previous Environmental Review (including E.0. 12372 - Intergovernmental Review) To avoid duplication of effort and unnecessary delays, describe any priorenvironmental review undertaken at any time and still viable for this proposal or related efforts that could be useful for understanding potential environmental impacts. Consider previous local, state, federal (e.g. HUD, EPA, USFWS, FHWA, DOT) and any other environmental reviews. At a minimum, address the following: 1. Date of environmental review(s), purpose for the environmental review(s) and for whom they were conducted. 2. Description of the proposed action and alternatives. 3. Who was involved in identifying resource impact issues and developing the proposal including the interested and affected public, government agencies, and Indian tribes? 4. Environmental resources analyzed and determination of impacts for proposed actions and alternatives. 5. Any mitigation measures to be part of the proposed action. 6. Intergovernmental Review Process (Executive Order 12372): Does the State have an Intergovernmental Review Process? Yes~ No □: lf"Yes", has the LWCF Program been selected for review under the State Intergovernmental Review Process? Yes cgJ No □. If "Yes", was this proposal reviewed by the appropriate State, metropolitan, regional and local agencies, and if so, attach any information and comments received about this proposal. If proposal was not reviewed, explain why not. 7. Public comment periods (how long, when in the process, who was invited to comment) and agency response. 8. Any formal decision and supporting reasons regarding degree of potential impacts to the human environment. 9. Was this proposed LWCF federal action and/or any other federal actions analyzed/reviewed in any of the previous environmental reviews? If so, what was analyzed and what impacts were identified? Provide specific environmental review document references. Use resource impact information generated during previous environmental reviews described above and from recently conducted site inspections to complete the Environmental Screening Form (ESF) portion of this PD/ESF under Step 6. Your ESF responses should indicate your proposal's potential for impacting each resource as determined in the previous environmental review(s), and include a reference to where the analysis can be found in an earlier environmental review document. If the previous environmental review documents contain proposed actions to mitigate impacts, briefly summarize the mitigation for each resource as appropriate. The appropriate references for previous environmental review document/s) must be documented on the ESF and the actual document/s) Page 37 of 46 along with this PD/ESF must be included in the submission for NPS review. Proceed to Steps 6 through 7 r Step 6. Environmental Screening Form (ESF) This portion of the PD/ESF is a working tool used to identify the level of environmental documentation which must accompany the proposal submission to the NPS. By completing the ESF, the project sponsor is providing support for its recommendation in Step 7 that the proposal either: 1. meets criteria to be categorically excluded (CE) from further NEPA review and no additional environmental documentation is necessary; or 2. requires further analysis through an environmental assessment (EA) or an environmental impact statement (EIS). An ESF alone does not constitute adequate environmental documentation unless a CE is recommended. If an EA is required, the EA process and resulting documents must be included in the proposal submission to the NPS. If an EIS may be required, the State must request NPS guidance on how to proceed. The scope of the required environmental analysis will vary according to the type of LWCF proposal. For example, the scope for a new LWCF project will differ from the scope for a conversion. Consult the LWCF Manual for guidance on defining the scope or extent of environmental analysis needed for your LWCF proposal. As early as possible in your planning process, consider how your proposal/project may have direct, indirect and cumulative impacts on the human environment for your type of LWCF action so planners have an opportunity to design alternatives to lessen impacts on resources, if appropriate. 1/yhen used as a planning tool in this way, the ESF responses may change as the proposal is revised until it is ready for submission for federal review. Initiating or completing environmental analysis after a decision has been made is contrary to both the spirit and letter of the law of the NEPA. The ESF should be completed with input from resource experts and in consultation with relevant local, state, tribal and federal governments, as applicable. The interested and affected public should be notified of the proposal and be invited to participate in scoping out the proposal (see LWCF Manual Chapter 4). At a minimum, a site inspection of the affected area must be conducted by individuals who are familiar with the type of affected resources, possess the ability to identify potential resource Impacts, and to know when to seek additional data when needed. At the time of proposal submission to NPS for federal review, the completed ESF must justify the NEPA pathway that was followed: CE recommendation, production of an EA, or production of an EIS. The resource topics and issues Identified on the ESF for this proposal must be presented and analyzed in an attached EA/EIS. Consult the LWCF Manual for further guidance on LWCF and NEPA. The ESF contains two parts that must be completed: Part A. Environmental Resources Part B. Mandatory Criteria Part A: For each environmental resource topic, choose an impact estimate level (none, negligible, minor, exceeds minor) that describes the degree of potential negative impact for each listed resource that may occur directly, indirectly and cumulatively as a result of federal approval of your proposal. For each impacted resource provide a brief explanation of how the resource might be affected, how the impact level was determined, and why the chosen impact level is appropriate. If an environmental review has already been conducted on your proposal and is still viable, include the citation including any planned mitigation for each applicable resource, and choose an impact level as mitigated. If the resource does not apply to your proposal, mark NA in the first column. Add any relevant resources (see A.24 on the ESF) If not included in the list. Use a separate sheet to briefly clarify how each resource could be adversely impacted: any direct, indirect, and cumulative impacts that may occur: and any additional data that still needs to be determined. Also explain any planned mitigation already addressed in previous environmental reviews. Part B: This is a list of mandatory impact criteria that preclude the use of categorical exclusions. If you answer "yes" or "maybe" for any of the mandatory criteria, you must develop an EA or EIS regardless of your answers in Part A. Explain all "yes" and "maybe" answers on a separate sheet. Page 38 of 46 Project Number: 06-01346 - Cardiff School's George Berkich Park NPS Form 10-904 (Rev, 09/2016) 0MB Control No, 1024-0031 National Park Service Expiration Date 0 l/3 l /2020 A; ~NVIRONMl;NTAL,. · · · 'Mbre Data·.· RESOURC:Es . ·. · . ·N~ded.to•· ..• lhdl¢ate PQtenttal,foracJverse lmpc1cts ·· . Deterrrilrie., . . lrrl°pacts,.· Use a separate sheet No~egligib!,. ·. Exceed · . Oegroo.~f · to cl,atify ;respor\se~ ~er · .. . Not Appiic:able ~ ··· ·: Jm·pacts::•·E~~ls-.-Q~t · . · Min'orJ' 'lmpiict ' lnstri;Jctlo~~ for PartA'on page Resource does not ·· no ornegligible .: ,Ml11or ENEIS EA/EIS ,. ·.e.. ,. ·.• · exist ' lmpacts' · i iinP.a~'ts_ :· .. · ·. required reoulred See Section 5.5, Geology and Soils. The project site is relatively flat and project construction would comply with the geotechnlcal and engineering recommendations of 1. Geological resources: soils, the Geotechnlcal bedrock, slopes, No No streambeds, landforms, etc, Report prepared for the proposed project Implementation of mitigation measure GEO-1 would reduce Impacts associated with geological resources and soil conditions to a less than slqnltlcant level. See Section 5.2, Air Quality, Upon Implementation of 2. Air quality regulatory No No requirements, no significant Impacts would occur. See Section 5.9, Noise. Construction noise is exempt when conducted during allowable hours (7:00 AM to 7:00 PM); the project would be constructed during 3. Sound (noise Impacts) allowable hours and No No would not result in a significant noise Impact. Best management practices (BMP) would be Implemented to reduce noise impacts during construction activity, See Section 5.7, Hydrology and Water Quality. The project would not result In a significant Impact to water quality; BMP's 4. Water quality/quantity No No would be Implemented during project construction and the site would not change operation from its exlstlno school use. The project site is fully 5. Stream flow characteristics developed and would No No not alter any streams. Page 39 of 46 See Section 5.7, Hydrology and Water Quality. The project site is fully developed and does not contain marine/estuarine environment. The site Is buffered from the 6. Marine/estuarine No nearest aquatic No environment (Pacific Ocean) by a railroad easement and urban development. The project would not impact marine or estuarine environment. See Section 5.7, Hydrology and Water Quality. The project ' 7. Floodplains/wetlands site Is not within a No No floodplain and does not contain wetlands. The project site is owned andoperated by the Cardiff School District. The proposed Improvements to the school would increase 8. Land use/ownership the property value of patterns; property values; surrounding No No community livability residences. The , project would be constructed within the existing District property and would not reduce the llvablllty of the area. See Section 5.10, Transportation and Traffic. The project would reconfigure the existing loading area on Montgomery Avenue. According to 9. Circulation, transportation No No the traffic Impact analysis prepared for the project, no significant Impacts to roadway Intersections or circulation would occur. See Section 5.3, Biological Resources. The project would require the removal of trees that could be 10. Plant/animal/fish species used to support of special concern and nesting birds. No habitat; state/federal listed No Implementation of or proposed for listing mitigation measure BI0-1 would require a preconstruction nesting bird survey orlor to tree removal. · 11. Unique ecosystems, such The project site is an No as biosphere reserves, exlstlnq school In an No Page 40 of 46 Project Number: 06-01346- Cardiff School's George Berkich Park W orld Heritage sites, old urban setting. There growt h forests, etc. are no unique ecosystems including biosphere reserves, World Heritage sites, old growt h forests, or others on the project site. The projec t site Is fully developed as a school and does not co ntain unique or Important wildlife or wildlife 12. Unique or Important habitat. No wildlife/ wildlife habitat No Implementation of BIO- 1 would reduce potential Impacts to nesting birds to a less than significa nt level. The projec t site Is fully developed as a school 13. Unique or important and does not co ntain fish/habitat No No unique or important fish habitat. The projec t Is the reconstruction and 14. Introduce or promote modernization of an Invasive spec ies (plant or existing schoo l. No No animal) Landsca ping would not Introduce or promote invasive spec ies. The projec t Is propo sing a 6(f)(3) co nversion propo sal in acco rdance with the LW CF Manual (see. 15. Rec reation resources, discussion of Impact land, parks, open space, 5.8-2, above). The co nservation areas, rec. LW CF boundary would trails, facilities, services, Increase by 2,047 ,opportunities, public No No square feet from access, etc. Most existing conditions and conversions exceed minor existing buildings impacts. See Step 3.B within the boundary area would be removed, thereby increasing available recreational space. The proposed improvements would 16. Accessibility for be constructed In populations with accordance with the No No disabilities requirements of the ADA. See Section 5.1, Aesthetics. The project would beautify the 17, Overall aesthetics, special campus with new No characteristics/ features No facilities and a new entrance along Montgomery Avenue. 18. Historical/cultural See Section 5.4, resources, Including Cultural Resources. landscapes, ethnographic, Excavation for the No No archeological, structures, proposed etc. Attach SHPO/THPO improvements could Page 41 of 46 Project Number: 06-01346 - Cardiff School's George Berkich Park determ ination. potentially unco ver subsurface archaeological and paleo ntologlca l resources. CUL-1 and TRl-1 would reduce Impacts to a less than slanlflcant level. The projec t would not have a direct effect on socio-ec onomics . The 19. Socioe co nomics , including Increase in one employment, occupation, classroo m would No No inco me changes, tax base, require the District to infrastructure hire one riew teacher, wh ich would be a negligible Increase in staff. The projec t would not 20. Minority and low-inco me have an Impact on No populations minority and low- No Inco me populations. See Section 5.12, Energy. The project would result in an increase in use of gasoline for co nstruction vehicles 21 . Energy resources during co nstruction of (geothermal, fossil fuels, No No the projec t, but would etc.) not require a volume of resources such that significant Impacts to energy resources, air quality, or GHG would occur. '· See Section 5.11, Tribal Cultural Resources. Exca vation for the proposed improvements could . • potentially unco ver 22. Ot her agency or tribal land subsurface No use plans or policies No archaeolog ical and paleo ntologica l resources . CUL-1 and TRl-1 would reduce impacts to a less than slanlflcant level. The projec t site has 23. Land/structures with historica lly operated as history of a school and does not co ntamination/haz ardous No No have a history of materials even If co ntamination or remediated hazardous materials. 24. Ot her important environmental resources N/A No No to address. Page 42 of 46 Project Number: 06-01346 - Cardiff School's George Berkich Park NPS Fonn 10-904 (Rev, 09/2016) 0MB Control No, 1024-0031 National Parle Service Expiration Date 0 1/31/2020 ' B: .. Mtmdatory Criterlaf . ,. . · · . , · ·. . ; . _- ToJht _· - - If your LWCF Drdbosa/.is_ ~ooioved would It. .. > ... ·· .... ·• ' Yiis .. No . Deter,nlniid 1. Have significant Impacts on public health or safety? X 2, Have significant impacts on such natural resources and unique geographic characteristics as historic or cultural resources; park, recreation, or refuge lands, wilderness areas; wild or scenic rivers; national X natural landmarks; sole or principal drinking water aquifers; prime farmlands; wetlands (E.O. 11990); floodplains (E.O 11988); and other ecoloclcallv slqnlflcant or critical areas. 3, Have highly controversial environmental effects or Involve unresolved conflicts concerning alternative X uses of available resources [NEPA section 102(2)(E)]? 4. Have highly uncertain and potentially significant environmental effects or involve unique or unknown X environmental risks? 5. Establish a precedent for future action or represent a decision In principle about future actions with X potentlally significant environmental effects? 6. Have a direct relationship to other actions with individually insignificant, but cumulatively significant, X environmental effects? 7. Have significant Impacts on properties listed or eligible for listing on the National Register of Historic X Places as determined bv either the bureau or office. (Attach SHPOrTHPO Comments) 8. Have significant Impacts on species listed or proposed to be listed on the List of Endangered or X Threatened Species, or have slonlflcant Impacts on deslqnated Critical Habitat for these species. 9. Violate a federal law, or a state, local, or tribal law or requirement Imposed for the protection of the X environment? 10. Have a disproportionately high and adverse effect on low income or minority populations (Executive X Order 12898)? 11. Limit access to and ceremonial use of Indian sacred sites on federal lands by Indian religious practitioners or significantly adversely affect the physical Integrity of such sacred sites (Executive X Order 13007)? 12. Contribute to the Introduction, continued existence, or spread of noxious weeds or non-native invasive species known to occur In the area, or actions that may promote the Introduction, growth, or expansion X of the ranee of .,,,. ' ., .. ·•· :,'.' .. --: . . " ,, .. ,,, " -~··. . ,. ,·,: .,., . ,: . · :EnVJl\6nmiintal .··1 '.:·' :1 .. _·,. ". Revlewe:r$ ·· .. •-,,:_: .. " '. .,. ·;. .; First, consult the NPS list of Categorical Exclusions (CEs). If you find your action in the CE list and you have determined In Step 6A that impacts will be minor or less for each applicable environmental resource on the ESF and you answered "no" to all of the "Mandatory Criteria" questions In Step 68, the proposal qualifies for a CE. Complete the following "State LWCF Environmental Recommendations" box indicating the CE recommendation. If you find your action In the CE list and you have determined In Step 6A that Impacts will be greater than minor or that more data Is -needed for any of the resources and you answered "no" to all of the "Mandatory Criteria" questions, your environmental review team may choose to do additional analysis to determine the context, duration, and Intensity of the impacts of your project or may wish to revise the proposal to minimize Impacts to meet the CE criteria, If impacts remain at the greater than minor level, the State/sponsor must prepare an EA for the proposal. Complete the following "State Environmental Recommendations" box indicating the need for an EA. If you do not find your action in the CE list, regardless of your answers In Step 6, you must prepare an EA or EIS. Complete the Page 43 of 46 If you do not find your action in the CE list, regardless of your answers in Step 6, you must prepare an EA or EIS. Complete the followinq "State Environmental Recommendations" box indlcatlno the need for an EA or EIS. State NEPA Pathway Recommendation I certify that a site inspection was conducted for each site involved in this proposal and to the best of my knowledge, the information provided in this LWCF Proposal Description and Environmental Screening Form (PDIESF) is accurate based on available resource data. All resulting notes, reports and inspector signatures are stored in the state's NEPA file for this proposal and are available upon request. On the basis of the environmental impact information for this LWCF proposal as documented in this LWCF PDIESF with which I am familiar, I recommend the following LWCF NEPA pathway: [gl This proposal qualifies for a Categorical Exclusion (CE). • CE Item#: A.2. Minor Boundary Change • Explanation: The new 6(t)(3) boundary would be outside of building footprints on the project site (see Figure 4-6, Proposed 9(t)(3) Boundary, of the DEIR) and would result in an increase 'in 25,846 square feet of area within the boundary. D This proposal requires an Environmental Assessment (EA) which is attached and has been produced by the State/sponsor in accordance with the LWCF Program Manual. D This proposal may require an Environmental Impact Statement (EIS). NPS guidance is requested per the LWCF Program Manual. Reproduce this certificate as necessary. Complete for each LWCF appraisal or waiver valuation. State Appraisal/Waiver Valuation Review Date of appraisal transmittal letter/waiver: Property Address: 1888 Montgomery Avenue, Cardiff CA 92007 October 19, 2019 Real property value: See appraisal Effective date of value: October 19, 2019 ~ A State-certified Review Appraiser has reviewed the appraisal and has determined that it was prepared I certify that: in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions. OR D The State has reviewed and approved a waiver valuation for this properly per 49 CFR 24.102(c)(2)(ii). SLO/ASLO Original Signature: ~&r-=,w=-c....._J__,_0'-+~-+------Date: Typed Name Title Agency Chief, Office of Grants and Local Department of Parks and Jean Lacher Services Recreation NPS Form 10-904 (Rev. 09/2016) 0MB Control No. 1024-0031 National Park Service Expiration Date O 1/31/2020 NOTICES Paperwork Reduction Act Statement In accordance with the Paperwork Reduction Act (44 U.S.C.-3501 ), please note the following. This information collection is authorized by the Land and Water Conservation Fund Act of 1965 (54 U.S.C. 2003 et seq.). Your response Is required to obtain or retain a benefit. We use this information to obtain descriptive and environmental Information about the proposal. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid Office of Management and Budget control number. 0MB has assigned control number 1024-0031 to this collection. Estimated Burden Statement Completiort times vary widely depending on the use of the form, from approximately 30 minutes to complete the cover page only to 500 hours for a difficult converslon of use. We estimate that the average completion time for this form is 8 hours for an application, 2 hours for an amendment, and 112 hours for a conversion of use, including the time necessary to review instructions gather data .and review the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Information Collection Officer, National Park Service, 12201 Sunrise Valley Drive, MS-242 Rm. 2C114, Reston, VA 20192. Please do not send your completed fonm to this address; but rather to the address at the top of the form. Project Number: 06-01346 - Cardiff School's George Berkich Park Page 45 of 46 EXHIBIT A Appraisal Analysis for Conversion Application Page 46 of 46 Project Number: 06-01346 - Cardiff School's George Berkich Park ALI SO N B. ROACH JONES, ROACH & CARINGELLA, INC. ROBBRT P. CARlNOBLLA, MAI, SRA, Al-ORS BRJ C C. SC HNBID BR, MAI , SRA, Al -O RS REAL ESTATE VALUATION CONSULTANTS ROBERT N. JONES, MAI (RETIRED) BEN JAMIN F. KUN K.B L, MAI I 0920 VIA FRONTERA, SUITE 440 STEPHEN D. ROACH, MAI, SRA, Al-ORS SAN DIEGO, CA 92127-1732 (858) 565-2400 FAX; (858) 565-4916 www.jr0valuatlon.e-0m October 19, 2019 Mr. Matthew Green, Attorney at Law Best Best & Krieger 655 Broadway, 15th Floor San Diego, California 92101 Re: Cardiff School District - Appraisal Analysis for Conversion Application Dear Mr. Green: At your request, I have performed an appraisal analysis involving Cardiff School District ("District")· land in conjunction with a "conversion" request at the District's Cardiff Elementary School site, located at 1888 Montgomery Avenue, Cardiff by the Sea, California, 92007, as part of the ongoing Cardiff School Modernization and Reconstruction Project ("Project"). The school playfields portion of the property is an outdoor recreation area where Land and Water Conservation Fund ("LW CF") grant money was obtained in 1993 and used for improvements. An LW CF project agreement covering this land was entered into by the District, City of Encinitas and California Department of Parks and Recreation. The Project proposes a minor boundary adjustment to this District-owned land area, triggering the need for an appraisal analysis. The purpose of the appraisal analysis is to establish whether the replacement land identified in the proposed boundary adjustment/conversion is of equal or greater fair market value. The intended use of this report is to provide the client, Cardiff School District, with appraisal documentation for the conversion request. In addition to the client, relevant state and federal agencies involved in the appraisal review and conversion application process are intended users this report. There are no other intended uses or users of the report. The property is described as portions of the land owned by Cardiff School District, identified as portions of Assessor's parcel numbers 260-340-01 and 02. The conversion property is· more precisely depicted on Figure 4-6 from the Draft BIR prepared for the Project attached hereto ( exhibit showing existing versus revised boundary). This analysis is intended to comply with the Uniform Standards of Professional Appraisal Practice and the Uniform Appraisal Standards for Federal Land· Acquisitions. The fee simple interest is the estate evaluated in this report. The effective date of the appraisal is October 1, 2019. The background, rationale, and conclusions are summarized in this written report. Mr. Matthew Green, Attorney at Law October 19, 2019 Page2 Introduction Cardiff School District is requesting a conversion approval from California Department of Parks and Recreation, Office of Grants and Local Services ("OGALS"), and United'States Department of the Interior, National Park Service ("NPS"). As part of the conversion application, the "equal or greater value" test is applied, which triggers the need for an appraisal to evaluate whether the replacement land is of equal or greater fair market value. The appraisal process should comply with Uniform Standards for Professional Appraisal Practice ("USP AP") and the Uniform Appraisal Standards for Federal Land Acquisitions ("UASFLA", also known as the "yellow book"). Guidance for this assignment is also provided in other material, including 36 CFR Section 59.3, a Park Stewardship publication by OGALS, and a National Park Service Land and Water Conservation Fund, State Assistance Program publication. I have extensive experience appraising public and private properties under both USP AP and UASFLA guidelines, including residential land in the coastal communities of San Diego County. My clients have included local, state, and federal government entities. Cardiff School District proposes to modify the 6(f)(3) boundary area from 173,173 square feet to 175,220 square feet within their existing ownership. The vast majority of the boundary area (the westerly portion of the school property) is unchanged. The boundary adjustment will result in a change in the shape of the polygon and the addition of2,047 square feet. An exhibit depicting the existing and revised boundary is attached hereto. As stated, the purpose of the appraisal is to establish whether the replacement land is of equal or . greater value compared to the original boundary. Properties involved in conversions and/or federal land exchanges are often two very different, non-contiguous parcels owned by different parties. However, in this case, the change in the boundary is within the very same District-owned parent tract and the revised land is adjacent to the original boundary. In part, this guides the necessary scope of the appraisal process as described later in this report. Definition of Value and Interest Appraised Market value is defined on page 10 of the Uniform Appraisal Standards for Federal Land Acquisitions (2016), as follows: "Market value is the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of value, after a reasonable exposure time on the open competitive market, from a willing and reasonably · knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property at the time of the appraisal." Mr. Matthew Green, Attorney at Law October 19, 2019 Page 3 UASFLA requires the appraiser to disregard the requirement for an estimate of exposure time normally required by U~PAP. This jurisdictional exception has been invoked in this report. A fee simple estate is defined on page 90 of The Dictionary ofR eal Estate Appraisal, Sixth Edition (2015), as follows: "Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat." Scope of Work As part of this assignment, I have performed the tasks listed below. The scope of work is intended to be appropriate to and consistent with the appraisal problem. • Inspected the subject property and surrounding neighborhood. • Reviewed excerpts/exhibits from Cardiff School Modernization and Reconstruction Project Draft and Final BIR • Investigated zoning and planning information available from the City of Encinitas • Reviewed residential land market data and development trends • Reviewed relevant sections ofUASFLA and USPAP, and consulted 36 CFR, OGALS, and NPS material provided by counsel for the. client. Both USPAP and UASFLA provide guidance and accommodations as to the appraisal scope of work. US PAP requires the appraiser to identify the problem to be solved and to determine the scope 1 of work necessary to develop credible assignment results • UASFLA also recognizes the need to tailor the scope of work when: the assignment is noncomplex and/or to ensure the cost of the appraisal is consistent with the requirements of the client agency" I have performed this assignment with these guidelines in mind and conducted the necessary analysis. Subject Property and Larger Parcel The subject larger parcel or "parent tract" contains approximately 7 .24 acres bordered on three sides by public streets. On the northeast is Montgomery A venue, on the south is Mozart A venue, and on the west is San Elijo Avenue. The Pacific Ocean is located a short distance to the west. Partial ocean views are available from the subject property. 1 USP AP (2018-19) Scope of Work Rule 2 UASFLA (2016) page 9 Mr. Matthew Green, Attorney at Law October 19, 2019 Page4 The larger parcel is owned by Cardiff School District and occupied by Cardiff Elementary School. Some grading and demolition has occurred as part of the school modeniization plan. Current zoning is Public/Semi-Public by virtue of it public-entity ownership status. Because a public use is "non• economic", proper appraisal procedure requires the appraiser to establish the most reasonable land use/zone for valuation purposes that results in an "economic" use. As noted throughout UASFLA and NPS material, the highest and best use must be "economic", so the public zoning must be disregarded. The first step in the process is to determine what use would be legal and economic, and result in the highest and best use of the property. As used in this report, highest and best use is defined on page 102 of Uniform Appraisal Standards for Federal Land Acquisition (2016) as follows: · "The highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future." In order to meet the reasonably probable criterion, a use must be ( 1) physically possible, (2) legally permissible, and (3) financially feasible. These criteria are often considered in that order because qualification under a latter test does not matter if the property fails an earlier test. Uses which meet these three criteria are then tested for economic productivity, and the reasonably probable use with the highest value (i.e. maximally productive) is then determined to be the highest and best use. The surrounding neighborhood is mostly single family in character; and the nearest private properties are zoned mostly R-8 and R-11, both single family residential zones. These zones are primarily intended for single family development on minim uni lot sizes of 3,950 and 5,400 square feet. If the subject property were proposed for private development, the most likely zone would be some blend similar to the zoning of surrounding properties. Public sites, when valued under a private sector highest and best use, are· generally appraised under the zoning prevailing in the immediate neighborhood. To ascribe any other zone in this instance would be speculative and conjectural. Finally, there is no bright line where the R-8 or R-11 single family zones would apply to the school site - the District land would be purchased based on an imprecise blend of these two zones ( only final engineering and land planning approved by the city of Encinitas would dictate the precise number of dwelling units and their final configuration). There is strong demand for single family homes in the local marketplace, and developers are pursing sites for development of new homes. The subject land is physically suited for residential development. A number of coastal residential land sales of which I am familiar demonstrate that residential use is financially feasible and maximally productive. For appraisal purposes, the highest and best private use in this case is future single family residential development. Once the highest and best use has been established, we then· tum to the valuation analysis. Residential land is typically traded on the basis of price per potential dwelling unit, which may also be expressed on the basis of price per square foot or price per acre. In this case, a precise number of future dwelling units is not known, but is not necessary for this analysis. It is sufficient to conclude that the highest and best use is single family development with an average density similar to the surrounding zones. · Mr. Matthew Green, Attorney at Law October 19, 2019 Page 5 Analysis Summary and Conclusion The primary elements that drive the value of residential land include location, market conditions, zoning, view potential, topography, access, development costs (physical condition), timing, and entitlement status. The subject property has a very desirable location, view potential, generally level topography, and minimal site constraints for residential development. In this case, it is apparent that the boundary adjustment areas are virtually identical, with identical highest and best use, and both part of the identical parent tract. All of the elements that drive residential land value described above are essentially the same for the existing and revised boundaries. Therefore, there is no material difference in value per square foot related to the exchange areas. Based on my inspection of the property and further investigation for this assignment, I found no evidence that the land being exchanged is w011h less than the land inside the original boundary. In fact, there is over 2,000 square feet more land within the revised boundary, suggesting that the revised boundary results in a higher fair market value. In this case, it was not necessary for credible assignment results to establish the actual value per square foot for the reasons stated above (i.e., it does not matter whether the land is valued at $50 per square foot or $100 per square foot - the unit value is the same in the revised boundary versus the existing boundary). As such, I concluded that the conversion land has equal or greater fair market value in this case. Thank you for this opportunity to be of service. Please feel free to call me if you have any questions. Sincerely, /4~ Robert P. Caringella, MAI, SRA, AI-GRS AG003295 Cardiff School District Site Conversion Addenda ASSUMPTIONS AND LIMITING CONDITIONS . This appraisal is subject to the following assumptions and limiting conditions: Special Assumptions 1. Assignment conditions specific to this assignment are discussed in the body of this report, including the exclusion of exposure time as required by UASFLA, and the inclusion of certain valuation procedures dictated by the state and federal conversion process guidelines. General Assumptions and Limiting Conditions 1. Information, estimates, and opinions furnished by others and contained in this report are assumed to be true, correct, and reliable. A reasonable effort has been made to verify such information; however, no responsibility for its accuracy is assumed by the appraiser. 2. No responsibility is assumed for matters legal in character, nor do I render an opinion as to title, which is assumed to be held in fee simple estate as of the date of valuation unless otherwise stated. 3. It is assumed that the property is readily marketable and free of all liens and encumbrances except any specifically discussed in this report. 4. Photographs, plats, and maps furnished in this report are to assist the reader in visualizing the subject property. No survey of the subject property has been made, and no responsibility has been assumed in this matter. 5. It is assumed that there are no legitimate environmental or ecological reasons that would prevent orderly development of the land to its highest and best use under economically feasible conditions, unless otherwise noted herein. 6. A soils engineering study has not been provided for this appraisal. It is assumed that there are no hidden or unapparent conditions which would render the property more or less valuable. No responsibility is assumed for such conditions or for engineering which might be required to discover such factors. 7. Possession of this report, or a copy thereof, does not carry with it the right of publication. Disclosure of the contents of this appraisal report is governed by the by-laws and regulations of the Appraisal Institute; Neither all nor any part of the contents of this report ( especially reference to the Appraisal Institute or the MAI and SRA designations) may be disseminated to the public through advertising media, public relations media, news media, sales media, or any other public means of communications without prior written consent and approval of the appraiser. 8. This report may not be used for any purpose by anyone other than the party to whom it is addressed without the written consent of the appraiser. Jones, Roach & Caringella, Inc. Cardiff School District Site Conversion Addenda ASSUMPTIONS AND LIMITING CONDITIONS (Continued) 9, The submission of this report constitutes completion of the services authorized. It is submitted on the condition that the client will provide the appraiser customary compensation relating to any subsequent required depositions, conferences, additional preparation, or testimony. 10. No warranty is made as to the seismic stability of the subject property. 11. The date of value to which the opinions expressed in this report apply is set forth in the letter of transmittal. The appraiser assumes no responsibility for economic or physical factors occurring at some later date which may affect the opinions herein stated. 12. An engineering survey has not been made by the appraiser. Except as specifically stated, data relative to size and area were taken from sources considered reliable, and no encroachment of real property improvements is assumed to exist. 13. No opinion is expressed as to the value. of subsurface oil, gas, or mineral fights and it is assumed that the property is not subject to surface entry for the exploration or removal of such materials except as is expressly stated. 14. The projections included iii this report are utilized to assist in the valuation process and are based on current market conditions and anticipated short-term supply and demand factors. Therefore, the projections are subject to changes in future conditions that cannot be accurately predicted by the appraiser and could affect the future income or value projections. 15. Testimony or attendance in court or any other hearing is not required by reason of rendering this appraisal unless such arrangements are made a reasonable time in advance. 16. By acceptance and use of this report, the user agrees that any liability for errors, omissions, or judgment of the appraiser is limited to the amount of the fee charged for the appraisal. Anyone acting in reliance upon the opinions, judgments, conclusions, or data contained herein, who has the potential for monetary loss due to the reliance thereon, is advised to secure an independent review and verification of all such conclusions and/or facts. The user agrees to notify the appraiser, prior to any loan or irrevocable investment decision, of any error which could reasonably be determined from a thorough and knowledgeable review. 17. A title report was not reviewed for this assignment. No responsibility is assumed for undisclosed items ofrecord or any unrecorded items that may limit the utility of the subject property. It is assumed that the property is subject to easements that are typical for this property type and size. Jones, Roach & Caringella, Inc. Cardiff School District Site Conversion Addenda APPRAISER'S CERTIFICATE I do hereby certify that, to the best ofmy knowledge and belief: 1. The statements of fact contained in this report are true and correct, 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the patties involved. 4. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. My compensation for completing this assignment is not contingent upon the development or reporting ofa predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute. 8. My analyses, opmions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice and Uniform Appraisal Standards fol' Federal Land Acquisitions. 9. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 10. I have made a personal inspection of the property that is the subject of this report, 11. No one provided significant real property appraisal assistance to the person signing this certification. 12. I have not provided professional services with regard to the subject property, as an appraiser or in any other capacity, in the three years prior to acceptance of this assignment. 13. As of the date of this report, Robert P. Caringella has completed the continuing education program for Designated Members of the Appraisal Institute and has received certification from the state of California as a Certified General Real Estate Appraiser. October 19, 2019 Robert P. Caringella, MAI, SRA, AI-GRS Date AG003295 Jones, Roach & Caringella, Inc. CARDIFF SCHOOL MODERNIZATION AND RECONSTRUCTION PROJECT DRAFT EIR CARDIFF SCHOOL DISTR ICT Figure 3-3 -Aerial Photograph 3. Environmental Setting Scale (Feet) Source: Google Earth, 2017 Place Works NOL Exhibit E Page 576 CARDIFF SCHOOL MODERNIZATION AND RECONSTRUCTION PROJECT DRAFT EIR . CARDIFF SCHOOL DISTRICT Figure 4-6 - Proposed 6(f)(3) Boundary Map 4. Project Description ., MULTll'URPOSE BUILDING (5,508 Sf) • - - - - • EXISTING BOUNDARY= 173,173 SF 0 150 1■■•••••••• REVISED BOUNDARY= 175,220 SF Scale (Feet) AREA EXCLUDED FROM BOUNDARY Source: Studio E Architects, 2018 Place Works NOL Exhibit E Page 610 Qualifications of Robert P. Caringella, MAI, SRA, AI-GRS Addenda Robert P. Caringella, MAI, SRA, AI-GRS Educational Background B.A. degree in Management Science, Economics Department, University of California, San Diego 1987 Professional Courses Completed: Appraisal Institute (or AIREA): Real Estate Appraisal PrinciplesNaluation Procedures 1987 Capitalization Theory and Techniques - Parts A & B 1988 Case Studies in Real Estate Valuation 1989 Report Writing 1991 Standards· of Professional Practice 2003, 2005, 2008, 2010, 2012, 2014, 2016 Limited Partnership and Common Tenancy Valuation 2002 Fundamentals of Separating Real/Personal Property and Intangibles 2012 · Review Theory- General 2015 Seminars Attended (partial list): Appraisal Institute (or AIREA): Business Practices and Ethics 2017 Historic Districts and Properties 2016 Uniform Appraisal Standards for Federal Land Acquisitions 2011 Appraising Unique Properties .2010 Annual Litigation Seminar 1989, 1990, 1995, 1996, 2007 Conservation Easements 2005 Planning and Land Use 1990 OREA Federal and State Laws and Regulations 1995, 1999 Attorneys, Appraisers & Real Estate 1996, 1997, 1998 Blueprint Reading 1996 Environmental Issues 1996 San DiegoEconomic Update 2004, 2005, 2006, 2007, 2009, 2012, 2013 Mitigation Land Update and Valuation 1997 Tax Assessment 1997 Apartment Seminar 1998, 2003, 2005 Retail Property Analysis 1998 Single. Tenant Net Leased Properties 1999 Trends in R&D Market 2002 . Advanced Appraisal 2004 International Right-of-Way Association: Easement Valuation 1990 Mock Condemnation Trial 1994,2000,2012 Eminent Domain Case Update 1995, 1997,2002,2005 ASA-IRS Symposium 2006 Professional Affiliations Member, Appraisal Institute (MAI No. 9649) (SRA and AI-ORS) Certified under Continuing Education Program Appraisal Institute, Admissions and Designation Qualifications Committee 2015-2017 Vice-Chair 2017 Appraisal Institute, National Finance Committee, 2015-16 and prior Jones, Roach & Caringella, Inc. Qualifications of Robert P, Caringella, MAI, SRA, AI-GRS Addenda Appraisal Institute Education Trust- Board, 2011-2013 National Board of Directors, Regional Vice Chair 2007, Regional Chait 2008 President, San Diego Chapter, 2005 Board of Directors, San Diego Chapter, 1999-2001, 2003-2005 Leadership Development and Advisory Council, 1999 and 2000 (National) . Past Chairman of Experience Review Committee.San Diego Chapter 1996-98 California Certified General Real Estate Appraiser (AG003295) Member, International Right-of-Way Association Board of Directors, San Diego Chapter, 1999-2003 Young Leadership Council, 1998 and 1999 (National) Appraisal Company Experience Co-Owner - Jones, Roach & Caringella, Inc. (formerly Jones & Roach, Inc.), Since 1996 · Staff Appraiser - Jones & Roach, Inc. - 1987-1996 Testimony Experience San Diego Superior Court San Diego Assessor Tax Hearing Los Angeles Superior Court Imperial County Superior Court US District Court, Special Master Hearing Mediation and Arbitration Teaching Experience Speaker - Appraisal Institute - Residential "Spring Symposium": 2018. Speaker - IRWA Seminar - "Eminent Domain and Valuation": 2018 Guest Instructor - USD Real Estate Class: 2017 Speaker- CLE International, Eminent Domain: 2015 Speaker - Lormon Seminar, Law of Easements: 2013 Speaker - MCLE Seminar, Eminent Domain: 2011 Speaker - Caltrans Seminar, Contaminated Properties: 2011 Speaker - Appraisal Institute Litigation Seminar So. Cal.: 2007 Speaker - IRS Symposium, Conservation Easements; 2006 Co-Creator, Co-Instructor - "Advanced Refresher'': 2004 Co-Instructor - "Rates and Ratios", Appraisal Institute: 2003 Guest lecturer at UCSD, SDSU, USD, and Point Loma Nazarene University on Appraisal Seminar Creator/Moderator - "The Client": 2003 Speaker - IRS Seminar "Valuation of Fractional Interests": 2000 Speaker - San Diego Assessor's Seminar: 1998 Seminar Coordinator/Moderator - "Attorneys, Appraisers & Real Estate": 1996, 97, and 98 Seminar Co-Coordinator/Moderator - Int'l Right-of-Way Assoc. "Valuation Tour": 1996 Other Affiliations Board of Directors - Willow Grove Educational Fo.undation 2008 -2013 Board of Directors - USE Credit Union, San Diego, 1999-2006 Investor LLC Manager - $5,000,000 Loft Development, 2000 Jones, Roach & Caringella, Inc .. Qualifications of Robert P. Caringella, MAI, SRA, AI-GRS Addenda Types of Appraisals Otay Water District Agricultural Regents of the University of California Apartment Buildings Resolution Trust Corporation (RTC) Auto Dealerships San Diego Association of Governments Auto Repair San Diego City College District Commercial Buildings San Diego County Water Authority Contaminated Properties San Diego Unified Port District Development Rights Solana Beach School District Easements Southeastern Economic Development Corp. Eminent Domain/Partial Acquisitions U.S. Department of Justice Fractional Interests Wildlife Conservation Board (California) Historical Appraisals Industrial & Office Buildings Lenders and Developers Leasehold and Leased Fee Estates Ayres Land Company Mining - Aggregate Bank of America Mitigation Credits Bank of California Mixed-Use Properties . Barratt American Notes/Loans Brookfield Homes Mobilehome/RV Parks and Homes Buie Corporation Planned Communities California Transportation Ventures Research & Development Buildings Citicorp Acceptance Company Residential Subdivisions Coast Federal Bank Retail Centers Column Financial Self-Storage Facilities Continental Bank Single Family Homes and Condominiums Downey Savings Single Room Occupancy Hotels D.R. Horton Vacant Land First Interstate Bank View Impairment Garden Communities Wetlands/Other Sensitive Habitat Great American Bank Home Savings of America Partial List of Clients HomeFed Bank and Home Capital Dev. Corp. KB Home Public Agencies Leisure Technology California Dept. of Transportation Nexus Development Corporation California Coastal Conservancy Pardee Construction Company Centre City Development Corporation McMillin Communities Chula Vista Redevelopment Agency San Diego National Bank City of Escondido Sherritt Development Services City of National City Union Bank City of Oceanside US Bank City of Redlands Wells Fargo Bank City of San Diego Western National Properties County of San Diego Western Pacific Housing Del Mar Union School District IRS Corporations, Attorneys, and Individuals . Metropolitan Transit System (MTS and MTDB) American Assets Mirar.osta Community College District Anderson, Mann & Hilbert, LLP Oceanside Redevelopment Agency ARCO Petroleum Products Co. Jones, Roach & Caringella, Inc. Qualifications of Robert P. Caringella, MAI, SRA, AI-GRS Addenda Bartz & M cCarberg, LLP Walmart Berger & Norton Withers Bergman Best, Best & Krieger LLP Bob Baker Enterprises Brobeck, Phleger & Harrison Burger King Franchisee Coldwell Banker Realty Advisory Services Daley& Heft Endeman, Lincoln, Turek & Heater English & Gloven Epsten & Grinnell Ford Motor Company Fraser Engineering, Inc. Golden Eagle Insurance Company Golub & Morales Gordon & Rees Gray, Cary, Ware & Friedenrich Greenberg Traurig Haight, Brown & Bonesteel Hearthstone Advisors Insurance Company of the Yv est Irell & Manella, LLP John H. Reaves, Attorney at Law Judge Robert C. Thaxton (retired) Lernpres & Wulfsberg Liberty Mutual Insurance Company McKenna & Cuneo McKenna Long & Aldridge, LLP Meisenheimer Herron & Steele Morris, Polich & Purdy Olmstead, Hughes & Garrett Orrick, Herrington & Sutcliffe, LLP Palmieri Tyler Weiner Wilhelm & Waldron Procopio Cory Hargreaves & Savitch Rick Engineering Company Ryals & Associates San Diego Gas & Electric Company Seltzer Caplan McMahon Vitek Sheppard, Mullin, Richter & Hampton, LLP Sierra Club Legal Defense Fund Silldorf, Burdman, Duignan & Eisenberg Solomon Ward Seidenwurm & Smith, LLP Sullivan Wertz McDade & Wallace Texaco Oil . Thorsnes, Bartolotta, McGuire & Padilla Trust Company of the West Trust for Public Land UETA Jones, Roach & Caringella, Inc. CARDIFF SCHOOL DISTRICT November 14, 2019 Ms. Jean Lacher, Chief Office of Grants and Local Services Department of Parks and Recreation California State Parks P.O. Box 942896 Sacramento, CA 94296-0001 RE: Lease-Leaseback Information Dear Ms. Lacher: Pursuant to your request, the following provides a brief summary of the Cardiff School District's construction contract documents entered into for the Cardiff School Modernization and Reconstruction Project ("Project"). As you are aware, the District elected to use the statutorily authorized "Lease-Leaseback" ("LLB") construction delivery method for the Project. The LLB delivery method is specifically authorized by California Education Code sections 17400 et seq., which functionally allows the District to "lease" property to a construction contractor in exchange for that contractor completing construction of the Project's required improvements as the "leaseback" to the District. (Ed. Code § 17406.) Although LLB is an alternative construction delivery method with a "best value" procurement process, ultimately the LLB contract documents put the contractor in the essentially the exact same position as any other public works construction contract. Specifically, the LLB contract documents put the contractor in control of the Project site during construction, with the District always maintaining ownership/fee title to the site. The LLB contract documents also still require the contractor to complete construction of all required Project components for a contractually specified total cost and completion date. Upon the completion of the construction of the buildings, the District can take beneficial occupancy and use, and title to the completed buildings and improvements "vests" with the District. (See Ed. Code § 17 406.) Of course, during construction, the District still remains the property owner completely responsible for overseeing construction of the Project in accordance with the approved plans and Inspiring a love of learning 1888 Montgomery Avenue, Cardiff-by-the-Sea, CA 92007 www.cardiffschools.com 7 60-632-5890 1J CARDIFF SCHOOL DISTRICT. specifications, and any breach and/or delay by the contractor would result damages and remedies being available to the District under the contract, including, but not limited to, termination for default if needed. Finally, the LLB contract also includes all standard public works construction terms, including, but not limited to, liquidated damages, performance/payment bonds, prevailing wages, insurance, and indemnification as appropriate to protect the District and ensure timely and proper completion of the Project. Sincerely, f->J/l-.~ Mr. Randal L. Peterson, FAIA Bond Program Manager Cc: Ms. Jill Vinson Mr. Tyree Dorward Inspiring a love of learning 1888 Montgomery Avenue. Cardiff-by-the-Sea, CA 92007 www.cardiffschools.com 760-632-5890 CARDIFF SCHOOL DISTRICT November 14, 2019 Ms. Jean Lacher, Chief Office of Grants and Local Services Department of Parks and Recreation California State Parks P.O. Box 942896 Sacramento, CA 94296-0001 RE: Cardiff Elementary School's Playgrounds/ George Berkich Park (Project Number: 06- 01346) Dear Ms. Lacher, Pursuant to your request, the Cardiff School District ("District") provides this letter to the Office of Grants and Local Services ("Parks") to provide additional detail regarding the District's conversion/boundary adjustment proposal for the Cardiff School Modernization and Reconstruction Project ("Project"). Specifically, the District understands OGALS requested clarification regarding Project construction staging of materials and equipment and confirmation that the areas inside the existing/original 6(f)(3) boundary will not be used as a staging area for the construction of the classroom buildings located outside and to the east of the boundary. As we have discussed, the entire Project construction including the playfield and public recreational improvements will be carefully coordinated by the District's contractor so construction, in all areas will essentially occur in continuous phases so that once one improvement/building is completed the next one will be started. Accordingly, there is no designated staging area for the construction of the school buildings outside the boundary within the existing 6(f)(3) boundary, nor is there any planned staging area for the existing boundary area: As OGALS is aware, the District has not commenced any construction of any improvements within the existing 6(f)(3) boundary due to the pending litigation and currently in place temporary restraining order ("TRO"). However, as soon as the District is permitted to begin construction on the playfield and public recreational improvements contemplated by the Project, it will commence construction on these components and will continuously progress Inspiring a love of learning 1888 Montgomery Avenue, Cardiff-by-the-Sea, CA 92007 www.cardiffschools.com 7 60-632-5890 CARDIFF SCHOOL DISTRICT these improvements to completion as further described in the District's previous submissions to OGALS. For all the above reasons, the District is not required to include Section 4 with the PD/ESF submitted for the Project as there will be no other temporary non-conforming use of the existing boundary. In fact, other than the closure of the playfields as needed to complete the construction of the Project and playfield/public recreation improvements, no other use of the existing 6(f)(3) will occur. Sincerely, Mr. Randal L. Peterson, F AJA Bond Program Manager Cc: Ms. Jill Vinson Mr. Tyree Dorward Inspiring a love of learning 1888 Montgomery Avenue, Cardiff-by-the-Sea, CA 92007 www.cardiffschools.com 760-632-5890 State of California • Natural Resources Agency Gavin Newsom, Governor Lisa Ann L. Mangat, Director November 25, 2019 Jennifer Campbell Director, Parks & Recreation City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 Re: Project Number: 06-01346 - George Berkich Park Renovation Contract Number: 89-14-112, Land and Water Conservation Fund Program Dear Jennifer Campbell: As you know, both the City of the Encinitas (City) and the Cardiff School District (District) entered into the grant contract referenced above with the California Department of Parks and Recreation, Office of Grants and Local Services (OGALS). The grant contract provided $159,600 to the parties for the development of a play area, open sportsfields, picnic facilities and associate facilities at George Berkich Park. George Berkich Park is on land owned by the District; maintenance of the Park is conducted by the District, and the hours of operation are determined by the District. The City no longer appears involved in any operational or recreational agreements with the District; the City does not appear to have any site control of the Park property. Accordingly, for purposes of administering the grant contract between the State and the parties, the State, per Contract Section J.5., is hereby terminating the City as a party to the grant contract as a matter of convenience. Questions about this matter can be directed to OGALS Manager Lee Butterfield at [email protected] or (916) 651-8458 or to me at [email protected] or (916) 651-8597. Sincerely, ~Cf;Jodvt Jean Lacher, Chief Office of Grants and Local Services cc: Jill Vinson, District Superintendent, Cardiff School District Tyree K. Dorward, Partner, Best Best & Krieger, Attorneys at Law David Siegenthaler, National Park Service Suzanne Carlson, Department of the Interior, Solicitor's Office Penny Schulz, Senior Counsel, Department of Parks and Recreation Lee Butterfield, Manager, Office of Grants and Local Services State of California • Natural Resources Agency Gavin Newsom, Governor Lisa Ann L. Mangat, Director November 25, 2019 David Siegenthaler Grants Program Manager. National Park Service - Pacific West Region 333 Bush Street, Suite 500 · San Francisco, CA 94104-2828 Re: Project Number 06-01346, Contract 89-14-:112 - George A Berkich Park Project Sponsor/ Grantee Change Conversion Amendment - Minor Boundary Change Dear David Siegenthaler: California State Parks (State Parks) Office of Grants and Local Services (OGALS) provides this letter to the National Park Service (NPS) as notification of a Project Sponsor/ Grantee change, and a request for a small conversion boundary adjustment of Section 6(f)(3) protected park land at George A Berkich Park (Park). As you're aware, both the City of Encinitas (City) and the Cardiff School District (District) entered into the above named Grant Contract with State Parks whereby $159,600 in Land and Water Conservation Fund (LWCF) funding was provided to develop a play area, open sportsfields, picnic facilities and associated facilities at the Park. For grant administration purposes, State Parks made the determination to terminate for convenience the City's interests and responsibilities associated with the Project and Grant Contract above for the Park pursuant tc:i Provision J.5. of the original LWCF Project Agreement, leaving the District as the sole Grantee for this Project. See OGALS letter to the City enclosed. Additionally, OGALS received and reviewed the District's request to adjust the Section 6(f)(3) boundary at the Park to allow for improvements to both the school and the Park, while still maintaining public outdoor recreation space in perpetuity once the improvements are completed. OGALS recommends that the NPS approve the District's request for the boundary change based on the following considerations: • The acreage, monetary value and recreational utility of the proposed boundary adjustment meet or exceed federally required replacement requirements. o The proposal qualifies as a "small conversion" because the existing 6(f)(3) boundary is 173, 173 square feet (sf) and the total sf of the original 6(f)(3) boundary being removed is only 9.2% (15,850 sf). o The boundary adjustment will also increase the square footage within the revised 6(f)(3) boundary by .25,846 sf. The total sf of the proposed new boundary is 199,019 sf. David Siegenthaler November 25, 2019 Page 2 o The proposed replacement property acreage is school district property, and is not dedicated or managed for recreation. o The appraisal of the estimated market value of the property to be converted and the replacement property was determined to have equal value per square foot. With the increase in square footage, the land within the revised 6(f)(3) boundary will have greater value than the land within the original boundary. The appraisal dated October 19, 2019 states the appraisal meets UASFLA standards. • All practical alternatives have been explored by the District to reduce the amount of existing 6(f)(3) protected parkland affected by the necessary school improvements. • OGALS will ensure that all signage by the District at the Park listing the hours 'of availability shall conform to LWCF signage requirements. • The District will provide semi-annual updates to OGALS until final completion of the small conversion. In turn, the State will send NPS semi-annual updates. This provision requirement will also be contained within the Amendment between NPS and the State and the amended Grant Contract between the State and the District. OGALS recommends NPS approval of the District's request. OGALS provides the enclosures noted below in support of the request. If you have questions, please contact Manager Lee Butterfield at (916) 651-8458 or [email protected]. You may also contact me at [email protected] or (916) 651-8597. OGALS looks forward to NPS' response and working with you on next steps. Sincerely, ~C(~ Jean Lacher, Chief Office of Grants and Local Services Enclosure( s): • Standard Form-424 • NPS Amendment 10-902A • Description and Notification Form • Finalized 6(F)(3) Boundary Map • District's School Board Resolution • District's Revised PD/ESF • District's Certification Letter re: Lease/Leaseback Contract • District's Clarification Letter re: Staging Area Concerns • OGALS November 25, 2019 letter to the City of Encinitas cc: Lee Butterfield, Manager, Office of Grants and Local Services 0MB Num ber: 4040-0004 Expiration Date: 10/31/2019 Application for Federal Assistance SF-424 • 1. Type of Submission: • 2. Type of Application: • If Revision, select appropriate letter(s): (specify) D Preapplication 0New I E: Other I D Application D Continuation • Other (Specify): (gJ Changed/Corrected Application (gJ Revision !sponsor and boundary I • 3. Date Received: 4. Applicant Identifier: I I IN/A I 5a. Federal Entity Identifier: 5b. Federal Award Identifier: I I 106-01346 .1 J State Use Only: 6. Date Received by State: I 17. State Application Identifier: ISAI-EXEMPT I I 8. APPLICANT INFORMATION: * a. Legal Name: lcalifornia Department of Parks and Recreation I • b. Employer/Taxpayer Identification Number (EIN/TIN): • c. Organizational DUNS: 168-0303606 I 11720708070000 I d. Address: • Street1: IPo Box 942896 I Street2: I I * City: lsacrarnento I County/Parish: I I • State: I CA: California I Province: I I • Country: USA: UNITED S'£ATES I I •Zip/ Postal Code: 194296-0001 I e. Organizational Unit: Department Name: Division Name: IParks and Recreation I !Grants and Local Services I f. Name and contact information of person to be contacted on matters Involving this application: • First Name: Prefix: I I l1uan I Middle Name: I I • Last Name: !Aubin I Suffix: I I Title: IProj ect Officer I Organizational Affiliation: I l • Telephone Number: 1916-651-8573 I Fax Number: I I • Email: [email protected] I Application for Federal Assistance SF-424 • 9. Type of Applicant 1: Select Applicant Type: IA: State Government I Type of Applicant 2: Select Applicant Type: I Type of Applicant 3: Select Applicant Type: I • Other (specify): I • 10. Name of Federal Agency: u.s Department of the Interior, National Park Service I 11. Catalog of Federal Domestic Assistance Number: 115-916 I CFDA Title: I • 12. Funding Opportunity Number: I * Title: I I 13. Competition Identification Number: I Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): . .r.,_.... ,. Add Attachment I· o~ie_te Attac::'hinen't 1· :,view Att~chm1:1nt~ 1 I I ,. ,-·- I I • 15. Descriptive Title of Applicant's Project: George Berkich Park Cardiff School District Attach supporting documents as specified In agency instructions. 1 1: Adp 'Attac~meihts '11 ' Delete Attachments ··I Ir View AUai::hrpenls' . I Application for Federal Assistance SF-424 16. Congressional Districts Of: * a. Applicant jcA-03 I * b. Program/Project icA-51 I Attach an additional list of Program/Project Congressional Districts if needed. ,' ,·· . .. I I I: Ad_d.Attaohmer.it I I' 'Delete Att~ch~ent 11 y1~w Attachmery('· ;j 17. Proposed Project: * a. Start Date: I I * b. End Date: I I 18. Estimated Funding($): *a.Federal o. ooi • b. Applicant o. ool • c. State o. ool * d. Local o. ooi * e. Other o. ool * f. Program Income o. ooi * g. TOTAL o. ooi • 19. ls Application Subject to Review By State Under Executive Order 12372 Process? r8J a. This application was made available to the State under the Executive Order 12372 Process for review on lsee origina;m. D b. Program is subject to E.O. 12372 but has not been selected by the State for review. D c. Program is not covered by E.O. 12372. • 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation In attachment.) 0Yes l2sJ No If "Yes", provide explanation and attach .. ,·. I I I: ·-·~ddAtJa~hment .. 11, Delete-Attachment -1 I· Vi~w Attachment I 21. *By signing this application, I certify (1) to the statements contained In the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms If I accept an award. I am aware that'any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) r8J ** I AGREE •• The list of certifications and assurances, or an internet site where you may obtain this list, is contained In the announcement or agency specific instructions. Authorized Representative: Prefix: jMs. I * First Name: !Jean I Middle Name: I I • Last Name: l1acher I Suffix: I I * Title: !chief, Office of Grants and Local Services I • Telephone Number: j 91 6- 651-8 s 9 7 I Fax Number: I I * Email: jjean. [email protected]. gov I • Signature of Authorized Representative: * Date Signed: lt1-~o-tcl I I ~Cl-~ I NPS Form 10-902A (Rev. 09/2016) 0MB Control No. 1024-0031 National Park Service Expiration Date 01/31/2020 AMENDMENT TO PROJECT AGREEMENT Land and Water Conservation Fund State: California Project Amendment No. 1. _ THIS AMENDMENT to Project Agreement No. 0...,6'--0"-1....,3"-'4""6 is hereby made and agreed upon by the United States of America, acting through the Director of the National Park Service and by the State of~C_a-lif~o~r□=ia~---- pursuant to the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964). The State and the United States, in mutual consideration of the promises made herein and in the agreement of which this is an amendment, do promise as follows: That the above mentioned agreement is amended by the following: 1. Remove the City of Encinitas as a Project Sponsor/ Sub-Grantee Agency, which leaves the Cardiff School District as the sole Project Sponsor/ Sub-Grantee Agency. 2. Change of 6(f)(3) boundary. In all other respects the agreement of which this is an amendment, and the plans and specifications relevant thereto, shall remain in full force and effect. In witness thereof the parties hereto have executed this amendment as of the date entered below. THE UNITED STATES OF AMERICA STATE By By California (Signature) (State) (Title) National Park Service United States Department of the Interior Jean Lacher (Name) Date Chief, Office of Grants and Local Services CA State Parks RECORDS RETENTION - PERMANENT. Transfer all permanent records to NARA 15 years after closure. (NPS Records Schedule, National Assistance Programs (Item 8.A.2) (N1-79-08-7)) NPS Fann 10-902A (Rev. 09/2016) 0MB Control No, 1024-0031 National Park Service Expiration Date 01/31/2020 NOTICES Paperwork Reduction Act Statement In accordance with the Paperwork Reduction Act (44 U.S.C. 3501), please note the following. Phis information collection is authorized · by the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-4 et seq.). Your response Is required to obtain or retain a benefit. We use this Information to document changes made to original grant agreement. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid Office of Management and Budget control number. 0MB has assigned control number 1024-0031 to this collection. Estimated Burden Statement Public reporting burden for this form is estimated to average 3 hours per response including the time it takes to read, gather and maintain data, review Instructions and complete the form. Direct comments regarding this burden estimate, or any aspects of this form, to the Information Collection Clearance Officer, National Park Service, 12201 Sunrise Valley Drive, Mail Stop 242, Reston, VA 20192. Please do not send your form to this address. • NPS Fann 10-903 (09/2016) 0MB Control No. 1024-0031 National Parle Service Expiration Date 01/31/2020 DESCRIPTION AND NOTIFICATION FORM Land and Water Conservation Fund IM0I. @" ' State Grant# Amend# Date Received Date Approved Start Date End Date •06 . 01346 1 Grant Name George Berkich Park Renovation Sub-Grantee Agency Cardiff School District Sub-grantee Address 1888 Montgomery Ave, Encinitas CA I Email Address: Co-Sponsor Agency Co-Sponsor Address A= Acquisition . P = Planning L = Local D = New Development C = Combination Number of Parks• Type Select One Sponsor Select One C = County R - Renovation · M = Administration S = State 1 Development S = Stewardship Federal Acquisition Federal Acquisition Acreage Acquired Donated Acres $ Share % Share Source of Match 0 Fed D State D Local Park. Address Congressional District Prior LWCF Assistance? 1801 San Elijo, Encinitas CA 51 D Yes 181 No New 6(f} Acres at Park Existing 6(f} Acres at Park Total 6(f} Acres at Park Latitude Longitude 25,846 sf (.593 acres) 173,173 sf (3.98 acres) 199,019sf (4.57acres) 33.025759756 -117.285326822 SPECIAL INDICES □ A. Leased land - non-federal □ G. Transferred to federal agency □ N. National Historic Landmarks □ U. Utility R.O.W. □ B. Leased land- federal □ I. Sponsored by Tribe □ 0, National Heritage Areas □ V. American Heritage Rivers □ c, Coastal □ J. National Historic Register □ Q, Railroad R.O.W. □ W. Wetlands □ D. Leased land- expired □ K. National Natural Landmark □ R. National river □ X. Involved conversion □ E. Former federal surplus property □ L. Less than fee acquisition 181 S. School park □ Y. Endangered Species □ F. Flood lain □ M. Mined land □ T. National trail □ Z. Contingency Reserve FACILITY CODES □ A, 00. CAMPGROUNDS □ D. 00. GOLF COURSE □ H, 00. TRAILS □ N. 00. NATURAL AREA □ 01. Tent Sites □ 01. 18 hole □ 01, Hiking □ P. 00, PASSIVE PARKS □ 02. RV sites □ 02, Par 3 □ 02. Horse □ Q, 00. SUPPORT FACILITY □ 03. Group campground □ 03, Driving range 0 03. Bicycle 181 01. Walkways □ 04. · Day camp □ 04, 9 hole 0 04. Motorized □ 02, Landscaping □ B. 00. PICNIC AREAS □ 05, Miniature golf □ 06, Nature □ 03. Utilltles 181 01. Individual table sites □ 06. Pitch and utt (j 06. Fitness □ 04. Equipment □ 02, Grou shelter/ avltlon □ E. 00, SWIMMING FACILITIES □ J. 00. WINTl:R SPORTS FACILITIES □ 05, Roads · □ C. 00. SPORTS PLAYFIELDS □ 01. Pool □ 01. Ski lift 181 06, Parl RECORDS RETENTION• PERMANENT. Transfer all permanent records to NARA 15 years after closure. (NPS Records Schedule, Page 1 of 1 National Assistance Programs (Item 8.A.2) (N1-79-08·7)) Exhibit C Lindsay Puckett From: Schulz, Penny@Parks < [email protected]> Sent: Wednesday, November 27, 2019 3:13 PM To: Tyree Dorward; Lindsay Puckett Cc: Lacher, Jean@Parks; Mitchell, Sedrick@Parks Subject: Conditional Approval from NPS Importance: High Hi Ty- Please see below email from NPS. Penny Schulz Senior Counsel California State Parks 1416 9th Street, Room 1404-6 Sacramento, CA 95814 Phone: (9 I 6) 654-6089 Fax: (916)653-1819 ~ Please consider the environment before printing this e-mail Confidentiality Notice: This document contains or may contain confidential/ privileged attorney/ client communications. The information may 1101 be disclosed to anyone other than the intended recipicnt(s) addressed above. If you are not the intended recipient, or a person authorized to receive the communication on behalf of the intended recipient, please contact the sender and destroy all copies of the communication. From: Siegenthaler, David Hi Penny et al., This is to let you know that we will be providing a conditional approval of the amendment for the small conversion of Berkich Park. The approval will be conditioned upon two things, 1) the successful completion of National Historic Preservation Act Section 106 consultation with the State Historic Preservation Office, and 2) a more specific plan for the public use of the community garden area. No ground disturbing activity may take place within the proposed LWCFA Section 6(f)(3) boundary until Section 106 consultation has been completed. 1 It will take me several days to complete the documentation of our review and to have the Amendment signed. I hope to have it to you by early next week. Please let me know if you have any questions or concerns. Thanks, David David Siegenthaler National Park Service 333 Bush Street, Suite 500 San Francisco, CA 94104-2828 V: 415-623-2334 F: 415-623-2387 Federal Lands to Parks Land and Water Conservation Fund Urban Park and Recreation Recovery Program National Historic Lighthouse Preservation Program On Fri, Nov 15, 2019 at 12:58 PM Schulz, Penny@Parks Attached is the signed and approved amended Resolution from the Cardiff School Board. Penny Penny Schulz Senior Counsel California State Parks 1416 9th Street, Room 1404-6 Sacramento, CA 95814 Phone: (916) 654-6089 Fax: (916) 653-1819 P Please consider the environment before printing this e-mail Confidentiality Notice: This document contains or may contain confidential/ privileged attorney/ client communications. The information may not be disclosed to anyone other than the intended recipient(s) addressed above. ff you are not the intended recipient, or a person authorized to receive the communication on behalf of the intended recipient, please contact the sender and destroy all copies of the communication. From: Tyree Dorward Hi Penny, 2 As a follow-up, please find attached a copy of the fully executed Amended and Restated Resolution. If you have any questions, please let me know. Ty From: Tyree Dorward Sent: Thursday, November 14, 2019 7:37 PM To: Pcnnv .Schulz(ci::parks.ca. cov' Hi Penny, Pursuant to our ongoing discussions and in furtherance of the District's previous submittals, please be advised the District adopted the amended and restated resolution this evening per the attached agenda. r will be sending over the signed resolution in the morning, but am attaching the agenda and other revised/updated documents OGALS has requested including the following: l. Copy of Agenda and Resolution 2. Revised PD/ESF 3. Clarification Letter Re LLB Contract 4. Clarification Letter Re Staging Area Issues If you have any questions or would like to discuss, please let me know. Ty [http://clicnts.bbklaw.net/imaizes/logos/bbkloaohires.jpg] Tyree Dorward 3