HomeMy WebLinkAboutRDA AG PKT 1979-07-23 #7D I
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July 18, 1979
MEMORANDUM
To: Honorable Mayor and City Council
From: Dennis Courtemarche, City Manager
Subject: Department of Water and Power (DWP) Project
In order to maintain the Coastal Conservancy recommended "Project Schedule" , the
attached agreement was forwarded by the "Orange County Harbors, Beaches, and Parks
District" for your review and tentative execution.
It is important to note that the agreement, if found to be acceptable, should not
be executed at this time but that the Council should now authorize the Mayor to
execute the agreement at the required time if it remains as drafted or if it is
substantially unchanged.
This procedure would allow County Counsel to effect minor technical changes, if
necessary, in the agreement and yet remain within the recommended project time
schedule.
This agreement, in capsule form, states that the Orange County Harbors, Beaches,
and Parks District will :
1 . Grant to the City of Seal Beach $450,000 for use towards construction of
necessary environmental documents (not to exceed $67,500) , site design,
and physical site improvements; and
2. Introduce a budget line item of $900,000 to use as matching funds to help
the County secure an additional $450,000 grant from the Federal Land and
Water Conservation Fund. This grant shall be used by the City through
the County solely for the development of public recreational facilities
on the DWP site.
The proposed agreement holds some additional language that could be of some concern
to the Council . For instance:
1 . Page 1 , the last WHEREAS implies the project to be of regional importance
and for the benefit of all of the people of Orange County;
2. Page 2, paragraph 2 implies that if the funds are to be forthcoming, plans
and implementations are to be in conformance with Attachment "B".
(Attachment "B" is a copy of the specific Plan "A" developed at the
Coastal Conservancy workshops. ) (Attached) ;
3. Page 2, paragraph 4 implies the City will not control access to the site
by any user at any time;
4. Page 2, paragraph 5 -- The County will hold monies until they are expended
on project as approved. (If .City tries to alter plans, the County can
withhold funds. )
5. Page 2, paragraph 7 -- The City will assist County in obtaining Federal
Land and Water Conservation Grant, and the City will administer the
project in accordance with grant requirements imposed by the Federal
Land and Water Conservation Department. (To date these requirements are
unknown. )
6. Page 4, paragraph 1 -- The City must obtain County approval prior to any
1 AGENDA ITEM # VII. D.
•
July 18, 1979
Honorable Mayor and City Council
Department of Water and Power (DWP) Project
significant changes to Plan "A" as currently proposed by the Conservancy
and adopted by the Coastal Commission;
7. Page 4, paragraph 2 -- Any reason which results in the plan as proposed
not being implemented will result in the City returning all funds
(advanced or otherwise paid) and their accumulated interests to the County.
In general , the wording in the agreement tends to take the full control of the
proposed project out of the hands of the City of Seal Beach while relieving the
City of none of the economic responsibilities.
At present, should the project ultimately be determined not to be in the best
economic interest of the City of Seal Beach, and therefore not implementable, the
costs accumulated to date (appraisal , environmental , etc. ) shall be refundable to
the County and/or granting agencies by the City. In addition, these costs can yet
escalate pending the position of the DWP with regards to the determination made
by the City-sponsored appraisal of the site. Additionally, should the decision
regarding the value of the land be determined in a court of law, the costs would
increase drastically and would become the full responsibility of the City of Seal
Beach even if the decision of the court results in the project being terminated.
It is therefore recommended that Staff be directed to confer with the County
Environmental Management Agency (EMA) in an attempt to alter the wording of this
proposed agreement so that:
1 . Seal Beach would not become a mecca for County recreational activities
without more control of the site and its activities ; and
2. The costs of the planning would be borne by all participants should
the project not be implemented.
atai,L44-aa-4L_
Dennis Courtemarche
DC/NR:new
Attachments
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ATTACHMENT B
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pg O s ® I IT'Y ®I= 'C RANG E. H.G. OSBORNE
�dn„• '"F •4 DIRECTOR
O ' >- .rye
® ENVIRONMENTAL MANAGEMENT AGENCY C.R. NELSON
ORANGE COUNTY HARBORS, BEACHES& PARKS DISTRICT ASSISTANT DIRECTOR
LOCAL PARKS, TRAILS,SERVICE AREAS DEVELOPMENT
RECREATION/OPEN SPACE PROGRAM
LARRY M. LEAMAN, MANAGER
811 NO. BROADWAY - FILE DWP-Agrmts
P. O. BOX 4048 �!-”
SANTA ANA, CA 92702 • (b
714/834-3808 + '
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V13-1( C?Mr. Dennis Courtemarche, City Manager ',., g -
City of Seal Beach 301. :6R• �-
City Hall � C, eea
211 Eighth Street �' Cm S� >>
Seal Beach, California 90740 ti
Subject: DWP Project
Dear Dennis:
The Board of Supervisors today authorized the negotiation of an agreement between
the Harbors, Beaches and Parks District and the City of Seal Beach for the cooperative
implementation of the project. The Board also approved, subject to formal action at
the forthcoming budget hearings, proposed financing by the District of $900,000,
consisting of $450,000 of District_ funds and $450,000 in Federal Land and Water
Conservation Fund__ grant-in-aid funds subject to receipt of such a grant.
As you know, a grant application in that amount is being processed. We have sub-
mitted such an application, minus CEQA compliance, to the regional (SCAG) and
state clearinghouses for review as required by the grant procedures. We have been
notified by the state clearinghouse that it will not review the application. This
notice satisfies that step of the grant process. N
As grant procedures require the applicant to certify it has full funding appro-
priated and is seeking a 50% reimbursement, we are processing a budget adjustment
to request that $900,000 be included in the HBPD budget for the DWP project, decreasing
the District's unallocated funds. The Board will act on the District budget during
forthcoming budget hearings, which, at this writing, are scheduled to begin on or
about July 26.
-
Attached for your review is a rough draft of the proposed city/HBPD agreement. We
understand from Peter Brand of the Coastal Conservancy that your council may
review this draft at its July 23 meeting. We would caution that agreement should
nqt be executed by your council, as we have not yet secured review/approval by
County Counsel and that office could request technical changes.
If, however, your council finds the draft agreement satisfactory; council action
to authorize the mayor to execute a final version, if substantially unchaged from
this draft could expedite the matter.
Dennis Courtemarche Page 2
The agreement indicates that HBPD funds will be forthcoming for the project
subject to satisfaction of State Harbors and Navigation Code hearing requirements.
This code governs HBPD and stipulates that a public hearing must be held prior
to expending HBPD funds on a project, and that prior to holding such a hearing
there must be compliance with CEQA (California Environmental Quality Act) and
Section 65402 of the Government Code (requires a report by the Planning Agency
of jurisdiction the consistency of the project with that agency's General Plan).
Therefore, we need the following from the City:
1. evidence of CEQA compliance
2. a resolution of the City Planning Commission reporting on the project's
consistency with the City General Plan.
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If questions arise, please call me at 714-834-3808.
Yours very truly,
ar M. Le man
Program Manager
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Attachment: Draft Agreement
cc: J. Erskine, Supervisor Wieder's Office
P. Brand, Coastal Conservancy
• • Agreement No.
A G R E E M E N T
1 THIS AGREEMENT, made and entered into this day of
2 1979, by and between the City of Seal Beach, hereinafter referred to as SEAL BEACH, and
3 the Orange County Harbors, Beaches and Parks District, hereinafter referred to as
4 DISTRICT, organized under Division 8, Part 2 of the Harbors and Navigation Code of the
5 State of California as amended.
6 RECITALS
7 WHEREAS, the California Coastal Conservancy has prepared a plan for public
8 acquisition and improvement of an approximately nine acre parcel of land located in SEAL
9 BEACH adjacent to the San Gabriel River and the Pacific Ocean, said site depicted on
10 Attachment A hereto, said plan depicting a mix of residential and public recreational
11 development which is forecast to be economically self supporting, said development herein-
12 after referred to as PROJECT, as depicted on Attachment B hereto, and
13 WHEREAS, SEAL BEACH`and DISTRICT believe that the acquisition of said property
14 from the present owner and implementation of the improvements proposed in the Coastal
15 Conservancy plan would be in the best interest of the general public in making a large
16 portion of the site available for the recreational and cultural enjoyment of the public,
17 and
18 WHEREAS, SEAL BEACH is in the.best position to implement the acquisition and
19 development of the site as proposed in the Coastal Conservancy Plan but requires the
20 assistance of DISTRICT and the California Coastal Conservancy to assist with the planning
21 and financing of the PROJECT, and
22 WHEREAS, due to its important coastal orientation and location adjacent to the
23 San Gabriel River and its trail system, DISTRICT believes implementation of such a projec
24 to be of importance in meeting recreational needs of DISTRICT's residents and therefore
25 wishes to assist CITY in implementing the project.
26 NOW, THEREFORE, for and in consideration of the mutual promises, covenants
27 and conditions herein, the parties agree as follows:
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Agreement No.
Page 2
1 SEAL BEACH:
2 1. Shall acquire the site as depicted in Attachment A at no expense to DISTRICT
3 with title to vest in the city,
4 2. Cause to be prepared no later than July 1, 1981, detailed plans and
5 implementation actions for implementation of project in substantial conformance with
6 Attachment B hereto, and submit said plans and actions to DISTRICT's Director, Environ-
7 mental Management Agency for approval by DTSTRICT's Board of Supervisors upon advise of
8 DISTRICT's Harbors, Beaches and Parks Commission,
9 3. Cause the site to be substantially improved in accordance with the plans
10 and actions described in No. 2 above, no later than July 1, 1983,
11 4. Thereafter operate and maintain the site or project as a public recreation-
12 al, cultural and residential area for a minimum of thirty (30) years at no expense to
13 DISTRICT and not to discriminate as to use or access based upon race, religion, sex,
14 age, area of residency or any other discriminatory basis, .
15 5. Hold any and all DISTRICT funds advanced pursuant to this agreement in
16 trust until such time as expended on. PROJECT as authorized herein, crediting all interest
17 earnings to said trust, with said earnings to be utilized only for implementation of
18 PROJECT as described herein,
19 6. Serve as lead agency for the development of PROJECT as defined by the
20 California Environmental Quality Act (CEQA),
21 7. Fully assist DISTRICT in the pursuit of a Federal Land and Water Conser-
22 vation Fund Grant as described herein, and administer PROJECT in such a manner as to
23 meet all grant requirements should a grant be awarded to DISTRICT for PROJECT,
24 8. Within thirty (30) days of demand by DISTRICT, refund any and all sums
25 advanced by DISTRICT pursuant to this agreement if notified by DISTRICT' s Board of
26 Supervisors that SEAL BEACH has not performed in accordance with the terms and conditions
27 of this agreement, said refund to include all interest earnings on said funds as
28
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Agreement No.
• Page 3
1 described in Clause 5, above.
2 9. Shall, within thirty (30) days of demand by DISTRICT, refund any and all
3 sums advanced by DISTRICT pursuant to this agreement which have originated from a state
4 or federal grant source if notified by DISTRICT's Board of Supervisors that said refund
5 is to meet the demand of the granting authority that repayment be made due to non-
6 compliance with grant terms.
7 10. Will hold harmless to the fullest extent permitted by law, DISTRICT, the
8 Orange County Board of Supervisors, and their employees and officers from any and all
9 claims arising from implementation of this agreement.
10 DISTRICT:
11 1. Will grant to SEAL BEACH, subject to satisfactory conduct of a public
12 hearing as required by Section 5955 of the State of California Harbors and Navigation
13 Code, and upon subsequent demand by SEAL BEACH, the amount of four hundred and fifty
14 thousand dollars ($450;000) for the development of the public recreational and cultural
15 aspect of PROJECT, said funds to be utilized only for environmental compliance, site de-
16 sign and physical site improvements, it being agreed that no more than 15% of said funds
17 or $67,500 may be utilized by SEAL BEACH for environmental compliance and site design.
18 2. Will, subject' to satisfactory and timely compliance with the California
19 Environmental Quality Act (CEQA) by SEAL BEACH, apply for and pursue a $450,000 Federal
20 Land and Water Conservation Fund Grant for development of the public recreational aspects
21 of PROJECT and if successful, upon receipt, transfer said grant to SEAL BEACH in addition
22 to that sum described in Clause 1, above.
23 3. Shall promptly review and process all' submittals of SEAL BEACH made pur-
24 suant to this agreement, and shall not unreasonably withhold approval thereof.
25 4. Will hold harmless to the fullest extent permitted by law, SEAL BEACH, and
26 its City Council, employees and officers from any and all claims arising from implemen-
27 tation of this agreement.
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Agreement No.
Page 4
1 GENERAL CONDITIONS
2 1. It is mutually agreed that this agreement is predicated upon the plan and
3 report prepared by the California State Coastal Conservancy entitled "A Plan By and For
4 Seal Beach - Guidelines for Development" as transmitted by letter of April 24, 1979
5 signed by Joseph E. Petrillo, Executive Officer of the Conservancy, and that SEAL BEACH
6 shall not substantially deviate from said plan and report without first obtaining consent
7 of DISTRICT's Board of Supervisors.
8 2. It is mutually "agreed that the timely implementation of PROJECT as des-
9 cribed herein is in the best interests of SEAL BEACH and DISTRICT in order to assure the
10 utilization of a portion of the site as depicted in Attachment B for public recreational
11 and cultural purposes, and that should SEAL BEACH fail to implement PROJECT within the
12 time and manner specified herein, DISTRICT may demand and shall be entitled to refund of
13 all sums advanced: or otherwise paid pursuant to this agreement, including any interest
14 earnings thereon derived by SEAL BEACH while such funds were in the possession of SEAL
15 BEACH.
16 For the purposes stated herein the parties hereto have caused their governing
17 bodies to execute this agreement .on the dates opposite the signatures below.
18 CITY OF SEAL BEACH, a•'municipal corporation of
the State of California
19
20 Date By
Mayor
21
22 Approved as to form by:
23
24
City Attorney
25 •
26 Date •
27
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Agreement No.
Page 5
1 ORANGE COUNTY HARBORS, BEACHES AND PARKS
DISTRICT
2
3 By
Chairman of the Board of Supervisors,
4 County of Orange, State of California
5
6 Approved as to form by: ATTEST:
Adrian Kuyper, County Counsel
7 County of Orange, California
8
9
Deputy June Alexander
10 Clerk of the Board of Supervisors
11
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12 LML:lm
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13 Attachment A: Location Map
14 Attachment B - Site Plan
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RESOLUTION- NO. 1187
A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION
FINDING THE DEPARTMENT OF WATER AND POWER RESTORATION
PLAN CONSISTENT WITH THE CITY'S GENERAL PLAN.
WHEREAS, the City's Land Use Element and Open Space Element to the City's
General Plan designate the 9 acre Department of Water and Power
site for medium density residential development and/or service
commercial development with at least one-third of the site for
public open space uses; and
WHEREAS, the City' s Redevelopment Agency Plan designates the DWP site
for medium density residential and/or service commercial uses
with a minimum of one-third of the site devoted to public open
space uses; and
WHEREAS, the State Coastal Conservancy, in cooperation with the City, has
developed a Restoration Plan for the 9 acre Department of Water
and Power site which calls for some medium density residential
development, some service commercial development, and more than -
one-third of the site for public open-space park uses.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
find the proposed Restoration Plan for the 9 acre Department of Water and
Power site consistent with the City's General Plan regarding the proposed
general uses of residential , commercial , and park.
PASSED AND APPROVED on July 18, 1979, by the following vote:
AYES: Commissioners Ripperdan, Cook, Covington, Leibert
NOES: Commissioners None
ABSENT: Commissioners Knapp
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i v Al /1 /IF= •- . %?•'.,..
Chairman of t - Plan 'ing Commission
//:!!!!!::Ir7
Secretary t. the Planning Commission