TITLE
Recommendation to authorize City Manager to execute a Facility Modification Agreement with the Los Angeles County Flood Control District for the use of Flood Control District property in Long Beach. (Districts 8,9)
DISCUSSION
The Los Angeles County Flood Control District (LACFCD) operates a flood control facility, known as the Los Angeles River (Facility), in the City of Long Beach (City). The Facility was constructed by the federal government and is subject to the provisions of 33 U.S.C. Section 408. The City proposes to make modifications within the Facility for the DeForest Wetlands project improvements. LACFCD, as the non-federal sponsor of the Facility, has obtained, on behalf of the City, a permit under 33 U.S.C. Section 408 (408 Permit) from the U.S. Army Corps of Engineers (Corps), to implement the City's proposed modifications (Permitted Activity). The 408 Permit contains a condition under which the LACFCD must enter into a Modification Agreement (Agreement) with the City.
• Permits: The acquisition of any permits or approvals required by other affected public agencies for the operation and maintenance of the Permitted Activity shall be the responsibility of the City.
• Maintenance: The City shall operate and maintain the Permitted Activity in a safe, clean, and orderly condition at all times, and in a manner that will not interfere with the operation and maintenance of the Facility by the LACFCD.
• Indemnification: The City agrees to indemnify, defend, and hold harmless the LACFCD, the County of Los Angeles, and the United States from and against any claims, demands, liability, or damages arising from the operation and maintenance of the Permitted Activity.
• Termination: The LACFCD shall have the right to terminate the Permitted Activity, in accordance with the terms of the Master Use Agreement between the LACFCD and the City, in the event the City breaches any term or condition of the Agreement.
This matter was reviewed by Deputy City Attorney Kendra L. Carney on April 10,2014, and by Budget Management Officer Victoria Bell on April 18,2014.
TIMING CONSIDERATIONS
City Council action is requested on May 6, 2014, in order to execute the Facility Modification Agreement 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 Facility Modification Agreement with the LACFCD. However, if the 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.
SUGGESTED ACTION
Approve recommendation.
BODY
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Respectfully Submitted,
GEORGE CHAPJIAN
DIRECTOR OF PARKS, RECREATION AND MARINE
APPROVED:
PATRICK H. WEST
CITY MANAGER