TITLE
Recommendation to authorize City Manager to execute a revised Use Agreement No. 13-01 with the Los Angeles County Flood Control District for the use of Flood Control District 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 (Premises) along the east side of the Los Angeles River, between Osgood Street and Market Street (Attachment A). The City of Long Beach (City) desires to develop, construct, maintain, and operate these Premises 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 LACFCD property is maintained for flood control purposes.
The City Council authorized the City Manager to execute a use agreement between the City and the LACFCD for the use of LACFCD property on March 20, 2012 (Attachment B). Use Agreement No. 13-01 was fully executed on June 28, 2012, by the LACFCD.
Subsequent to execution of Use Agreement No. 13-01, the California Coastal Conservancy, one of the DeForest Wetlands project granting agencies, requested to review and revise Use Agreement No. 13-01 in order to protect their $1.5 million grant investment. The following terms of Use Agreement No. 13-01 have been revised based on input from the California Coastal Conservancy:
• Authorized Use: If LACFCD conveys an easement or other interest in the Premises for any and all lawful purposes, such easements shall not interfere with the City's use and shall be for the minimum period of time necessary to permit construction and installation of other facilities.
• Termination of Use: If the City is notified by LACFCD that City amenities interfere with a proposed LACFCD flood control project, and that said amenities will be removed, the City shall be provided with a reasonable opportunity to propose modifications to the LACFCD project in order to keep the City's amenities in place.
• Removal of Improvements and Restoration of Premises: LACFCD shall provide 60- days advance written notice of determination that the City's amenities interfere with the ability of the LACFCD or Army Corps of Engineers to inspect, construct, reconstruct, operate, or maintain its flood control improvements.
• California Coastal Conservancy: Copies of all notices of alleged breach of Use Agreement No. 13-01, and proposed termination or suspension of Use Agreement No. 13-01 shall be sent to the Executive Officer of the California Coastal Conservancy in a timely manner.
This matter was reviewed by Deputy City Attorney Kendra L. Carney on April 14, 2014, and by Budget Management Officer Victoria Bell on April 15,2014.
TIMING CONSIDERATIONS
City Council action is requested on May 6, 2014, in order to execute the revised Use Agreement No. 13-01 in a timely manner and proceed with the DeForest Wetlands project bidding and construction phases.
FISCAL IMPACT
There is no fiscal impact associated with the execution of the revised Use Agreement No. 13-01 with the LACFCD. However, if 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.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
GEORGE CHAPJIAN
DIRECTOR OF PARKS, RECREATION AND MARINE
APPROVED:
PATRICK H. WEST
CITY MANAGER