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HomeMy WebLinkAboutCC AG PKT 2013-09-23 #HDATE: September 23, 2013 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager SUBJECT: PROPERTY ACQUISITION OF SEAL BEACH RR (RAIL ROAD) RIGHT-OF-WAY SUMMARY OF REQUEST: It is requested that the City Council authorize submittal of application to acquire Seal Beach RR Right of Way and adopt Resolution No. 6410 supporting application. The United States General Service Administration (GSA) has been in the process of surplussing or providing to the public property owned by the Federal Government. The property lies within Old Town Seal Beach, just north of the Electric Greenbelt and extends between 15th Street and Seal Beach Boulevard. The property is divided into six parcels. The process for which these parcels become available is set by GSA and goes through a checklist or hierarchy of purposes that they can be acquired for. The hierarchy starts with making the property available for other government agencies. If it is not claimed within one of the successive steps, eventually it becomes available for purchase. Four of the six parcels are zoned for housing and are likely to become available for purchase. Two of parcels though have been identified by the GSA as having a public benefit for use as a Public Park or Recreation Area. Those two parcels lie between 15th and 16th Streets north of Electric Avenue. As these parcels have been identified for Public Park or Recreation Area, the City of Seal Beach has the potential to acquire these parcels at no cost. If acquired though, these parcels will have restrictions that they be used exclusively for these purposes. The Electric Avenue Greenbelt was acquired in a similar fashion. The site plan within the existing application shows an aerial view of the property. If acquired, the City will incorporate the property into the parks system and provide opportunities similar to other recreational property and open space. Agenda Item H The property is currently covered in grass, and will continue to be as such with the City assuming maintenance. Submittal of the application is not a project within the California Environmental Quality Act (CEQA). Any future improvements to the property will comply with the CEQA. LEGAL ANALYSIS: There is no financial impact with submittal of the application to acquire this property. If the property is successfully acquired the City will assume ail future maintenance and liability for the property. 0 i - 11 r! I 10-5 MMIMACM aline 1 2 PIP111IMMILGI M44 P0,0- III • Attachments: A. Resolution No. 6410 B. Application 11 MW H.A ... .1111111 RESOLUTION NUMBER 6410 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING SUBMITTAL OF CERTIFICATION TO ACQUIRE PROPERTY AT 15TH STREET AND ELECTRIC AVENUE WHEREAS, certain real property owned by the United States of America, located in the City of Seal Beach, County of Orange, State of California, has been declared surplus and, at the discretion of the General Services Administration, may be assigned to the Secretary of the Interior for disposal for public park or recreational purposes under the provisions of 40 U.S.C. § 550 (e), and any regulations and policies promulgated pursuant thereto, more particularly described as follows: Name of Property: Seal Beach RR Right of Way Total area of property being requested: 0.22 acres General Services Administration control number: 9 -N -CA- 1508 -AH and 9 -N -CA- 1508 -AJ Name and address of applicant: City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 WHEREAS, the City of Seal Beach needs and will use said property in perpetuity for public park or recreational purposes as set forth in its application and in accordance with the requirements of said Act and any regulations and policies promulgated thereunder. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND, RESOLVE AND ORDER Section 1. The Council hereby directs the City Manager or her designee to apply to the National Park Service for, and secure the transfer to, the property commonly known as the Seal Beach RR Right of Way and described with more particularity in Attachment 1 for said use and subject to such exceptions, reservations, terms, covenants, agreements, conditions, and restrictions as the National Park Service and the Federal disposal agency may require in connection with the disposal of said property under said Act and the regulations and policies issued pursuant thereto.. Section 2. The City of Seal Beach has legal authority, and is willing and able, to properly develop, maintain, operate, and assume liability of the property. The City Manager is hereby authorized, for and on behalf of the City Council, to do and perform any and all acts and things which may be necessary to carry out the foregoing resolution, including the preparing, making, and filing of plans, applications, reports, and other documents, the execution, acceptance, delivery, and recordation of agreements, deeds, and other instruments pertaining to the transfer of said property, including the filing of copies of the application and the conveyance documents in the records of the governing body, and the payment of any and all sums necessary on account of the purchase price thereof or fees or costs incurred in connection with the transfer of said property for survey, title searches, recordation or instruments, or other costs identified with the acquisition of said property. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of September , 2013 by the following vote: Resolution Number 6410 AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6410 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of September , 2013. City Clerk ATTACHMENT "1" Description of Property The property that is desired to be acquired is located within a historic residential neighborhood in the City of Seal Beach. The property is on the north edge of Electric Avenue between 15th and 16th Streets. The residential neighborhood was developed almost 100 years ago and is underserved regarding park and open space for the residents and approximately 2,000,000 annual beach visitors. The site is 2 blocks (100 feet) from the beach and is therefore a location visited often. Directly adjacent to the property (Electric Greenbelt) is a City Park or open area that is heavily used. The Electric Greenbelt similar to the Seal Beach RR Right of Way is old railroad property that has been converted into open space for the community. The Seal Beach RR Right of Way property is flat and predominantly covered with grass. October 1, 2013 David Siegenthaler, National Park Service, Department of the Interior 333 Bush Street, Suite 500 San Francisco, California 94104 Subject: Seal Beach RR Right of Way — Application to Acquire Federal Property Dear Mr. Siegenthaler: The City of Seal Beach (City) submits this application to express interest in response to Notice of Surplus Determinations that were issued for two properties. The notices were issued on July 31, 2013 for GSA Control numbers 9 -N -CA- 1508 -AJ and 9 -N -CA- 1508 -AH. The City of Seal Beach is a fully developed community with a shortage of open space and parkland for residents and visitors to the community. The ability to add properties within these areas improves the quality of life for residents and visitors to the area. The application Thank you for working with the City of Seal Beach. Acquisition and use of this property will benefit residents and visitors to Seal Beach for many years. Should you have any questions or would like to schedule a meeting to this property, please contact me at (562) 431 -2527, extension 1300. Sincerely, Jill Ingram City Manager cc: General Services Administration Part A Acceptance of Terms and Conditions Date the Application is submitted National Park Service Office: Name of Applicant: Person having legal authority to submit the application: Disposal Agency: Name of Federal Surplus City: County: State: Acreage: GSA Control Number: October 1, 2013 National Park Service, Department of the Interior 333 Bush Street, Suite 500 San Francisco, California 94104 City of Seal Beach Jill Ingram City Manager 211 Eighth Street Seal Beach, CA 90740 (562) 431 -2527 ext. 1300 General Services Agency Seal Beach RR Right of Way Seal Beach Orange California 4927.53 square feet (0.11 acre) for 9 -N -CA- 1508 -AH 4637.54 square feet (0.11 acre) for 9 -N -CA- 1508 -AJ 9 -N -CA- 1508 -AH 9 -N -CA- 1508 -AJ The following agreement is made by the Applicant in consideration of and for the purpose of obtaining the transfer of any or all property covered by this application, and the Applicant recognizes and agrees that any such transfer will be made by the United States of America in reliance on said agreement. The undersigned understands and agrees that the application is made and the property is conveyed subject to the following terms and conditions which may be enforced through a reversionary right in the property reserved to the United States of America: 1. This application and its acceptance by the National Park Service shall constitute the entire agreement between the Applicant and the United States of America, unless modified and approved in writing by both parties. This agreement becomes binding once the instrument of conveyance has been executed by the applicant. The applicant is required to duly record the instrument of conveyance in a timely manner. 2. The description of the property set forth herein is believed to be correct, but any error or omission shall not constitute ground or reason for nonperformance of the agreement resulting from the acceptance of this application. 3. The Applicant understands and agrees that the property is to be conveyed "as is" and "where is" without representation, warranty, or guaranty as to quantity, quality, character, condition, size, or kind, or that the same is in condition or fit to be used for the purpose intended and no claim for any adjustment upon such grounds will be considered after this application has been accepted. Notwithstanding the foregoing, the United States is bound by any covenants contained in the deed regarding Section 120(h) of CERCLA, 42 U.S.C. §9620(h). 4. The Applicant agrees to assume constructive possession of the property upon receipt of written notification from the National Park Service. Should the Applicant fail to assume constructive possession of the property, it shall nonetheless be charged with constructive possession upon receipt of such notification from the National Park Service. 5. At the date of assumption of constructive possession of the property, or the date of conveyance, whichever occurs first, the Applicant shall assume responsibility for any general and special real and personal property taxes, which may have been or may be assessed on the property, and to prorate sums paid, or due to be paid, by the United States of America in lieu of taxes; and for care and handling and all risks of loss or damage to the property, and have all obligations and liabilities of ownership. 6. If a purchase price is due, the Applicant shall tender the purchase price to the United States of America on a mutually agreeable date after the property has been assigned to the National Park Service. 7. Conveyance of the property shall be accomplished by an instrument, or instruments, in a form satisfactory to the National Park Service without warranty, express or implied, and shall contain substantially, but may not be limited to, the following reservations, restrictions, and conditions: (a) The Grantee shall forever use the property exclusively for public park and recreational use in accordance with its application for property, particularly the Program of Utilization contained in Part B of the application, and approved amendments thereto, as provided below. (b) The Program of Utilization contained in Part B of the application may be amended only for the continued use of the property for public park or recreational purposes at the request of either the Grantee or the National Park Service with the written concurrence of the other party. Such amendments will be added to and become a part of the original application and of this Quitclaim Deed, and shall be consistent with purposes for which the property was originally transferred. The Grantee shall furnish any documentation, maps, photographs, studies, and other information to support the request as requested by the National Park Service to evaluate any proposed use or development of the property. (c) The property shall not be sold, leased, assigned, or otherwise disposed of except to another eligible governmental agency that the National Park Service agrees in writing can assure the continued use and maintenance of the property for public park or recreational purposes subject to the same terms and conditions in the original instrument of conveyance. Any mortgage, lien, or any other encumbrance not wholly subordinate to the reverter interest of the Grantor shall constitute an impermissible disposal. However, this provision shall not preclude the Grantee and its successors or assigns from issuing revenue or other bonds related to the use of the property to the extent that such bonds shall not in any way restrict, encumber, or constitute a lien on the property, or from providing related recreational facilities and services consistent with the approved application through concession agreements, permits, and licenses entered into with third parties, provided prior concurrence to such agreements is obtained in writing from the National Park Service. (d) The Grantee shall, within six months of the date of this deed, erect and maintain a permanent sign or marker near the principal point or points of access to the property that states: "This park land was acquired through the FEDERAL LANDS TO PARKS PROGRAM of the United States Department of the Interior, National Park Service, for use by the general public ". (e) Beginning two years from the date of conveyance, the Grantee shall prepare biennial reports describing the development and use of the property, and any revenue generated from its operation during the preceding two -year period. The Grantee shall prepare and submit ten consecutive biennial reports to the appropriate National Park Service office and further as the National Park Service may determine to be necessary. (f) All revenue received by the Grantee through concession agreements, use permits, or other fees generated by activities on the property shall be used only for the implementation of an approved Program of Utilization or the operation of park and recreation facilities and programs on the property. After the Program of Utilization is fully implemented, and as long as the property is properly and sufficiently operated and maintained, the revenue may be used only for other public park and recreational purposes by the Grantee. Any revenue received by the Grantee which is generated through the operation of the property shall be listed and accounted for in its biennial reports to the National Park Service. (g) The Grantee further covenants and agrees for itself, its successors, and assigns, to comply with the provisions of the Federal Disaster Protection Act of 1973 (87 Stat. 975); Executive Order 11988, relating to the evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement of water pollution; and Executive Order 11990, relating to the protection of wetlands, where and to the extent said Act and Orders are applicable to the property herein conveyed, and the Grantee shall be subject to any use restrictions issued under said Act and Orders. (h) The Grantee further covenants and agrees for itself, its successors and assigns, to comply with all Federal laws relating to nondiscrimination in connection with any use, operation, program, or activity on or related to the property requested in this application, including, but not limited to: All requirements imposed by or pursuant to the non - discrimination regulations of the U.S. Department of the Interior (43 C.F.R. Part 17); Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d -1), which prohibits discrimination on the basis of race, color, or national origin; The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age; Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicap; The Architectural Barriers Act of 1968, as amended (42 U.S.C. § 4151), which requires facilities located on the property to be accessible to the physically handicapped; and The Americans with Disabilities Act of 1990 (42 U.S.C. § 12181) which requires that no otherwise qualified handicapped individual shall, solely by reason of his or her handicap, be excluded from the participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance. The Applicant further agrees to require any other person or entity who through contractual or other arrangements with the Applicant, is authorized to provide services or benefits on or in connection with the property requested herein, and to promptly take and continue to take such action as may be necessary to effect this agreement. (i) Title to the property transferred shall revert to the United States of America at its option for non - compliance with any of the terms and conditions of the conveyance. In the event that there is a breach of any of the conditions and covenants herein contained by the Grantee, its successors and assigns, whether caused by legal or other inability of the Grantee, its successors and assigns, to perform said conditions and covenants, or otherwise, all right, title, and interest in and to the said premises shall revert to and become the property of the Grantor at its option which, in addition to all other remedies for such breach, shall have the right of entry upon said premises, and the Grantee, its successor and assigns, shall forfeit all right, title, and interest in said premises and in any and all of the tenements, hereditaments, and appurtenances thereunto belonging. (j) The Grantee, by its acceptance of this deed, covenants and agrees for itself, and its successors and assigns, that in the event the Grantor exercises its option to revert all right, title, and interest in the property to the Grantor, or the Grantee voluntarily returns title to the property in lieu of a reverter, then the Grantee shall provide protection to and maintenance of said property at all times until such time as the title is actually reverted or returned to and accepted by the Grantor, including the period of any notice of intent to revert. Such protection and maintenance shall, at a minimum, conform to the standards prescribed by the General Services Administration in its Federal Property Management Regulations in effect at the time of the reversion. Prior to any such reversion, the Grantee further agrees to complete and submit to the Grantor an environmental assessment of the property that sufficiently documents and evaluates its condition in regard to the release of hazardous substances as defined under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended [42 U.S.C. § 9620(h)]. (k) The National Park Service, and any representative it may so delegate, shall have the right of entry upon said premises at all reasonable times to conduct inspections of the property for the purpose of evaluating the Grantee's compliance with the terms and conditions of the conveyance. (I) The failure of the National Park Service, or any other agency of the United States, to exercise any right or remedy granted under this instrument shall not have the effect of waiving or limiting the exercise of any other right or remedy or the use of such right or remedy at any other time. (m) The Grantee, its successors and assigns, shall hold harmless, defend, and indemnify the United States, its employees, agents, and representatives from and against any suit, claim, demand or action, liability, judgment, cost or other fee arising out of any claim for personal injury or property damage (including death, illness, or loss of or damage to property or economic loss) that arises from the Grantee's or the Grantee's agent's use or occupancy of the property and /or the Grantee's failure to comply with the terms of this deed. (n) The United States of America shall have the right to reserve all oil, gas, and mineral rights in the property. 8. Any title evidence which may be desired by the Applicant will be procured by the Applicant at its sole expense. The National Park Service will, however, cooperate with the Applicant or its authorized agent in this effort and will permit examination and inspection of such deeds, abstracts, affidavits of title, judgments in condemnation proceedings, or other documents relating to the title of the premises and property involved as it may have available. The United States of America will not be obligated to pay for any expense incurred in connection with title matters or survey of the property. 9. The Applicant shall pay all taxes imposed on this transaction and shall obtain at its own expense and affix to all instruments of conveyance and security documents such revenue and documentary stamps as may be required by Federal and local law. All instruments of conveyance and security documents shall be recorded at the Applicant's expense within 30 days of their receipt in the manner prescribed by local recording statutes. The Applicant shall provide the National Park Service with a certified copy of the instrument of conveyance within 30 days of the date of recordation which indicates the date, location, and book and page number of its recording. 10. The Applicant agrees to comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) by (a) consulting with the State Historic Preservation Officer and conducting investigations, as necessary, to identify sites and resources on the property listed on or eligible for nomination to the National Register of Historic Places, (b) notifying the National Park Service and disposal agency of the existence of any such sites and resources, and (c) complying with the requirements of 36 C.F.R. Part 800, as established under the National Historic Preservation Act of 1966, as amended, to avoid or mitigate adverse effects on such sites and resources. 11. The National Park Service or disposal agency may require additional reservations, restrictions, and conditions in the instrument of conveyance to safeguard the interests of the United States of America, including covenants relating to environmental protection and historic preservation. The National Park Service will give the Applicant sufficient opportunity to review any additional requirements prior to the conveyance of title to the property. I agree that the instrument effecting the transfer to the Applicant of any property covered by this application will contain provisions satisfactory to the United States of America, incorporating the substance of the foregoing agreement, with such provisions to consist of (1) a condition, coupled with a right reserved to the United States of America to cause the property to revert to the United States of America at its option in the event of any breach of such condition, and (2) a covenant running with the land. The Applicant understands that the United States of America shall have the right to seek judicial enforcement of this agreement, and that this agreement shall be binding upon the successors and assigns of the Applicant. (Date of Application) (Signature) City Manager (Title) City of Seal Beach (Agency) Part B Justification for Acquiring Property Description of Property The property that is desired to be acquired is located within a historic residential neighborhood in the City of Seal Beach. The property is on the north edge of Electric Avenue between 15th and 16th Streets. The residential neighborhood was developed almost 100 years ago and is underserved regarding park and open space for the residents and approximately 2,000,000 annual beach visitors. The site is 2 blocks (100 feet) from the beach and is therefore a location visited often. Directly adjacent to the property (Electric Greenbelt) is a City Park or open area that is heavily used. The Electric Greenbelt similar to the Seal Beach RR Right of Way is old railroad property that has been converted into open space for the community. The Seal Beach RR Right of Way property is flat and predominantly covered with grass. Maps Santa' Fe Sprirgs Downey Lynwood v Brook 19 iQ Norwalk mpton East Cnmpi- Paramount Lakewood Signal Hill Long Beach City of Seal Beach GSA Property Hdgfits East La La Habra Mirada wu. Brea La Mirada J� Yorha Linda BeilFlawer Cerritos Buena Park Fullerton Placentia ArYrsia W �f, H, A La Palma 39 !- eMIrOM Aa€,� Hei$Pi an l-1x A. wWnedn Are Anaheim Wrbens Cypress sr �'4h, �1� vil�a Park tos Alamit� Stanton p�,sm4� Change` =w zz Garden Grave — I ©, North Tustin xae Westminster ss at Beach wr,e sr Santa Ana Tustin r=-a +r S—n Brian 39 F. t _ !tr6 can am Valley ss �,:y, rW a�z ar® g Irvine Huntington Beach Costa ,,Mesa "P,: r rr` rte. _... r 1 r7 - . -.. Lake Fore Newport Beach San Joaquin killk� Laguna Wooe CMW Core Cn�;isi C�rvi 51— sort Alise Vicinity Map Laguna Beach inch = 159e7 A, lest IN Legal Description Assessors Parcel No. (APN) : 199 - 066 -17 Legal Information : N TRACT 10 BLOCK 220 LOT 1 Photographs Looking north easterly Looking north westerly Looking south westerly Program Utilization Narrative The property is currently planted with grass and located north of Electric Avenue between 15th and 16th Streets. The property a residential property on each side and adjoins an existing recreational area within the City. The surrounding area is underserved with parks and open space. The owners of the homes that neighbor the property have utilized it for some time. Although it is unfenced and open, it has the appearance of private property. The first action from the City will be to make the area obvious to all that this area is available for public use. A public walking path will also be installed to allow for use of the property. The use of this property for recreational uses will be high. The adjoining Electric Greenbelt has a variety of recreational uses including walking trails, exercise equipment, city recreation classes, etc. As the area does not have sufficient open space these recreational uses will expand to include the new property. Schedule of Development Upon receipt of the property, it will be immediately incorporated into the City's recreation department for use as a recreation facility. It will also be immediately maintained by the City's public works department. The property is currently in usable condition and will begin use immediately. Addition of Capital improvements will be made within 6 months including signage additions a decomposed granite walking path, irrigation system, etc. Site Plan 1 � t r! . On 1• Historic Preservation Plan Nothing within or partially within this property is eligible to be registered within the National Register of Historic Places. Need The City of Seal Beach is underserved for parks and open space and in 2013 completed a "Parks and Community Services Master Plan ". This plan identified a need for additional parks and open space. The City's "General Plan" lists a goal of 5 acres per 1,000 people in regards to open space and parkland within Seal Beach. The City is currently at 3.12 acres per 1,000 people without much opportunity to increase due to the built out nature of the City. The population for Southern California is projected to grow xx% by 20xx, with x% of growth in Orange County and x% in Seal Beach. Seal Beach is a community that is transitioning between an older population with many being retired to one in which families are predominantly present. Both of these demographics need open space, parkland, and recreation opportunities. The Seal Beach RR Right of Way property totals 0.22 acres from 9 -N -CA- 1508 -AH and 9 -N -CA- 1508-AJ. It lies directly adjacent to one of the most utilized recreation facilities within the City called the Electric Avenue Greenbelt. The Electric Avenue Greenbelt is a former Railroad right of way that was converted into a City Park. It is 8.4 acres and is a linear park that extends 16 city blocks. This area also sees numerous visitors as it lies two blocks from the Seal Beach public beach which is visited by more than an estimated 2,000,000 people. It is estimated that this property will be visited annually by more than 100,000 uses Suitability The Seal Beach RR Right of Way is located within the Old Town District of Seal Beach. This neighborhood is located between Pacific Coast Highway and the beach and is comprised of densely populated residential neighborhood and a downtown Main Street district. The property and area in general have a flat topography and is suitable for recreational uses. The property does not have any structures and is largely developed with landscaping comprised mostly of grass. The City of Seal Beach intends to keep the nature of the area intact and only improve the area such that accessibility is improved. The accessibility will be both in terms of education with signage to inform that the property is public and physical improvements with addition of a walking path. The Seal Beach RR Right of Way property is located one block away from public transportation provided by the Orange County Transit Authority and has neighborhood parking for vehicular traffic. The property lies on Electric Avenue which has bicycle lanes and trails within the Electric Avenue Greenbelt. The bicycle lanes are connected to regional bicycle facilities such as the San Gabriel River Bike Path. Capability The City of Seal Beach has an active and motivated population that utilizes recreation opportunities. As such the City's recreation department offers 450 recreation classes each quarter, and operates a junior lifeguard program. Seal Beach partners with numerous other local agencies including school districts, private businesses, non - profit groups, sports groups (eg. AYSO, Pony Baseball, Seal Beach Volleyball Club, Seal Beach Swim Club, etc). Numerous events are co- sponsored every year including local concerts, car shows, races (10K and triathlon), and a Christmas Parade. The City operates several programs that target assisting the Senior Community including Senior Meals, a Senior Transportation Program, Etc. In addition to these programs the City is well equipped to assume the maintenance responsibilities that are associated with operation of the Seal beach RR Right of Way. The City currently provides maintenance for numerous facilities including 18 City parks (76 acres), 36 public facilities (including City Hall), two miles of public beach, and a 7 acre tennis center. The City of Seal Beach has a general fund budget of approximately $26 million and financial burden of maintenance of these two properties (0.22 acres) will be provided by the City. The City has a staff of 60 full time employees that can accommodate all aspects of recreation programming and maintenance into their workload.