TITLE
Recommendation to authorize City Manager to execute a right of entry permit for a term of two months to enable the Aquarium of the Pacific access across City-owned property adjacent to Pierpoint Landing for the construction of an educational exhibit; and
Authorize City Manager to execute a three-party public interest agreement between the City of Long Beach, the Aquarium of the Pacific, and the California State Coastal Conservancy with respect to the grant funding received for the construction of the educational exhibit. (District 2)
DISCUSSION
As part of the Aquarium of the Pacific's (Aquarium) ongoing educational mission to increase both public interest in marine life and aquarium attendance, the Aquarium proposes to construct an educational exhibit (Exhibit) entitled "Our Watershed Story" in the public plaza at Pierpoint Landing. The Exhibit has been designed to increase the public's knowledge of local watersheds, including the importance of wetlands, water conservation, and the history of ecological changes in the area. The Exhibit presentation includes signboards and graphic displays depicting the San Pedro Bay Watersheds.
This Exhibit is part of the Aquarium's Watershed Exhibit Expansion Project master plan.
It expands on the theme depicted on the existing watershed education feature known as the "Wave Fountain," which illustrates the natural process of the watershed and the birth of the Los Angeles and San Gabriel Rivers flowing from the San Gabriel Mountains to the Pacific Ocean.
Construction of the Exhibit requires access across City-owned property adjacent to Pierpoint Landing (Attachment A). The Aquarium anticipates the construction project to begin April 14, 2007. Construction will not interfere with public access or recreational use of the surrounding area. When completed, the Exhibit area will retain unobstructed public access and will not interfere with adjacent recreational opportunities.
The proposed term and conditions of the right of entry permit are as follows:
. Authorized Use: Access across City-owned property adjacent to Pierpoint Landing for the sole purpose of constructing an educational exhibit entitled "Our Watershed Story."
. Term: April 9, 2007, through June 10, 2007.
. Fee: No fees will be charged for access granted since the completed project provides a public benefit which will enhance the public's knowledge of the history of local watersheds.
. Insurance: The permit will require the Aquarium to indemnify the City and provide insurance as required by the City's Risk Manager.
The Aquarium received grant funding for the Exhibit from both the Rivers and Mountains Conservancy (RMC) and the California State Coastal Conservancy (Conservancy).
RMC funds support the planning and design phase and Conservancy funds support the construction phase. State law requires the grantees to commit to protecting public interest whenever funding is received for the enhancement of coastal resources.
Therefore, the Aquarium, the City of Long Beach, and the Conservancy must enter into a three-party public interest agreement designed for this purpose.
The proposed term and conditions of the agreement are as follows:
. Term: Twenty years, the expected life of the Exhibit.
. Maintenance and Operation: The Aquarium shall have sole responsibility for the maintenance and operation of the Exhibit.
. Insurance: The Aquarium and the City shall indemnify and save harmless the Conservancy.
The proposed project was reviewed and approved by the Planning and Development Bureau of the Department of Parks, Recreation and Marine (PRM), and is consistent with PRM's master plan. The proposal was also reviewed and approved by PRM's Maintenance Operations Bureau, Marine Bureau, and the Special Events and Filming Bureau. On August 8, 2006, the California Coastal Commission issued a "Waiver of Coastal Development Permit Requirements" to enable the Aquarium to develop this project.
This item was reviewed by Principal Deputy City Attorney Charles Parkin on January 11,2007, and Budget Management Officer David Wodynski on January 23,2007.
TIMING CONSIDERATIONS
City Council action is requested on February 6, 2007, to authorize the execution of the right of entry permit and the public interest agreement.
FISCAL IMPACT
Grant funding for this project will be provided by the RMC and the Conservancy. The Aquarium is responsible for meeting all grant requirements as issued by each agency.
There is no fiscal impact associated with the recommended actions.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
NAME PHIL T. HESTER |
APPROVED: |
TITLE DIRECTOR OF PARKS, RECREATION AND MARINE |
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GERALD R. MILLER |
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CITY MANAGER |