TITLE
Recommendation to authorize City Manager to execute an Use Agreement with the Los Angeles County Flood Control District for the use of LACFCD property in Long Beach for a 40-year term.
(Districts 8,9)
DISCUSSION
The Los Angeles County Flood Control District (LACFCD) owns the fee title to certain properties along the east side of the Los Angeles River (Premises), between Osgood Street and Market Street (Attachment). The City of Long Beach (City) desires to develop, construct, maintain, and operate these properties in connection with the DeForest Wetlands Project. The City and the LACFCD are mutually interested in providing quality public parkland for the benefit of the Long Beach community. The LACFCD is willing to cooperate with the City to open the Premises for parkland, as long as the primary function of the property is maintained for flood control purposes. A Use Agreement between the City and the LACFCD will establish the general terms and conditions applicable to the City's use of the Premises for the development, construction, operation, and maintenance of parkland.
Terms of the Use Agreement will include the following:
· Term: The term of the Use Agreement shall be for 40 years, subject to the LACFCD's right to terminate. The term may be extended upon written request by the City.
· Permit: Prior to commencing any specific use of the Premises, the City will obtain a permit outlining the specific use of each of the Premises, including approval of any and all plans and specifications of the proposed use. City use shall be subordinate to the LACFCD's primary use for flood control, water conservation, water management, and utility and transportation purposes.
· Maintenance: The City shall regularly inspect the Premises and maintain them in a safe, clean, and orderly condition. The City shall also be responsible for removing graffiti from the permitted area.
· Indemnification: The City agrees to indemnify, defend, and hold harmless the LACFCD and the County of Los Angeles for any and all claims related to the City's use of the Premises.
· Termination: The LACFCD shall have the right to cancel and terminate the City's permitted use of the Premises with 180 days prior written notice, if all of the following apply:
1. The LACFCD proposes to implement a project for flood control purposes; and
2. The City's use is incompatible with the proposed project; and
3. The LACFCD notifies the City of the incompatibility and the City cannot modify the
Premises.
The LACFCD retains the right to terminate the Use Agreement with 30 days notice, if the City breaches any term or condition of the agreement.
This matter was reviewed by Deputy City Attorney Gary J. Anderson on February 21, 2012, and Budget Management Officer Victoria Bell on February 23, 2012.
TIMING CONSIDERATIONS
City Council action is requested on May 24, 2011, in order to execute the Use Agreement in a timely manner.
FISCAL IMPACT
There is no fiscal impact associated with the execution of the Use Agreement with the Los Angeles County Flood Control District. However, if the Use Agreement is executed and the site is developed as recreational open space, there will be future maintenance costs associated with the overall project. Although passive recreational space and native habitat requires less maintenance than active park space, there will be maintenance costs associated with the constructed project. Those costs have not been determined at this time and will be developed when plans are completed. There is no impact to jobs associated with the recommended action. However, future jobs will be created with the construction of the project.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
GEORGE CHAPJIAN
DIRECTOR OF PARKS, RECREATION AND MARINE
APPROVED:
PATRICK H. WEST
CITY MANAGER