HomeMy WebLinkAboutCity Council - 5377 RESOLUTION NO. 5377
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH APPROVING AGREEMENT WITH
THE CALIFORNIA STATE COASTAL CONSERVANCY TO
ACCEPT GRANT FUNDS FOR REPAIR OF MUNICIPAL
PIER
WHEREAS, on December 19, 1983 the City Council adopted
Resolution No. 5333 applying to the California State
Coastal Conservancy for funds to repair the municipal pier; and
The California State Coastal Conservancy, at its meeting
on March 22, 1984, approved a grant of $150,000 subject to the
terms and conditions contained in the Conservancy Staff
Recommendation and Project Synopsis,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that it accepts the grant of $150,000
and agrees to abide by the terms and conditions of the grant
agreement , which agreement is attached hereto and incorporated
herein by reference.
RESOLVED FURTHER that the city affirms its obligation to
reimburse the Coastal Conservancy fully for all grant funds ,
plus interest , in accordance with the agreement, but only to
the extent of the availability of pier revenue as a special
fund. Reimbursement shall not be a general obligation of the
city. The city shall establish a special fund for this purpose.
RESOLVED FURTHER that the City Administrator is hereby
authorized to execute for the city all papers and documents
reasonably necessary for implementation of the agreement and
completion of project to repair city' s municipal pier.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 21st
RCS:ahb
5/2/84
1.
day o f May , 1984 .
ATTEST: APPROVED AS TO FORM:
s
City Clerk City torney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Adminis ator Director of Public Works
2.
APPROVE
BY THE
STAN AR® AGREEMENT ATTORNEY,D GENERAL
�• � � ❑ CowntACTow
b " ' I ❑ ErATE AGENCY
STATE OF S'AtJh011N1A ' YI ❑ CWT. of am am.
STD,a(REV.veI►
U L U.L - -
CONTOOLLMN
THIS AGREEMENT, made and entered into this day of , 19_, ❑
in State of California, by and between State of California, through its duly elected or appointed, ❑
q( ied and acting ❑
TITLa"OF OFNCER ACTING FOR STATE AGENCY NUMMR
Executive Officer State Coastal Conservancy
rea ter caWd the State,a
City of Huntington Beach
hereafter called the Coahactor.
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the Statc
hereinafter expressed,does hereby agree to f urnish to the State services and materials,as follows:
(Set forth sorrow to be rendered by Contractor.amount to be paid Contractor,time for performance or completion.sad stisch pIERr aid aqacqfostim.of aRv)
SCOPE OF AGREEMENT
Pursuant to its authority under Section 31300 et seq. of the Public Resources Code, the
State Coastal Conservancy (hereafter called the "Conservancy") hereby grants to the City
of Huntington Beach (hereafter called the "Grantee") the sum not to exceed one hundred
fifty thousand dollars ($150,000). The funds are to be used to repair 1983 storm damage
to the Huntington Beach Municipal Pier as described in the Conservancy Staff Recommendation
--d Project Synopsis of March 22, 1984, attached hereto as Exhibit 1 and incorporated
rein by reference.
(Continued on the next pages.)
The provisions on the reverse side hereof constitute a part of this agreement
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto,upon the date first above written
STATE OF CALIFORNIA CONTRACTOR
AGENCY CONTRACTOR IP OTWW TAW AN 040No1M6 ETAIE IIAIEnail A OORFORM7a1M1
FAATNNIMIIF, UrCi
BY(AUTHORIZED SIGNATURE► EY IA GNATV
PMI
TITLE TITLE
City_ Administrator City,of Huntin ton Beac',
ADDRESS
CONTINUED ON—SHEETS.EACH SEARING NAME OF CONTRACTOR
AMOUNT ENCUMSERED PROGRAM/CATEGORY ICOOS ANO TrnLM FUND TITLE
Department of General Services
Use Only UNSNCUAIsaRED BALANCE IOrrIONAL USE►
ADJ.IMCREASINO ENCUMERANCE ITEM Jr66A0rMSTATUTE FISCAL YEAR
ADJ.DECREASING ENCUMERANCE OSJECT OF 6XP%%OITURE ICOOE AND TITLE
JJ
t hereby certify upon my oum personal hnourledga that bsdpted funds are TAA."p sul.ND.
available for the period and purpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER DATE
!hereby certify that all conditions for exemption set forth in State AdnNnisentta htsausf Section JJW hove
been complied tvith and this document is exempt from review br tin Aepotwrent of Finance.
SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY DATE
y
Huntington Beach
Page 2
The total project consists of the following components: the replacement of
destroyed piles,'decking and railing, the End Cafe, a Bait shop, utilities,_
and a boat launching ramp on the outer end of the Huntington Beach Municipal
Pier. In addition, funds to be disbursed by the Conservancy shall be used for
expansion of the End Cafe and improvements to the pier structure. The total
cost of repairs and improvements are estimated to be eight hundred thousand
dollars ($800,000) with the various costs to be borne; as follows:
Pier Structure (Includes hazard mitigation) $350,000
City $282,500
County 62,500
Conservancy 5,000
Boat Launching Ramp 125,000
County $125,000
Utilities 55,000
City $ 45,000
• Conservancy . 10,000
Cafe 270,000
City $122,500
County 12,500
Conservancy 135,000
TOTAL $800,000
Prior to construction of the restaurant, the Grantee shall submit detailed
construction drawings . and bid documents for review and approval by the
Executive Officer of the Conservancy (hereafter the Executive Officer).
V
Huntington Beach
Page q
report by the Grantee's public works director certifying completion of the project
according to the plans and specifications submitted to the Conservancy; and
a final "Request for Reimbursement of-Expenditures" form- (Ex.Mbit 2) requesting;
payment of any funds previously withheld.
The Grantee shall repay the Conservancy one hundred percent (100%) of the
funds authorized under this Agreement with intereston the un-repaid'balance
accruing at, a rate of eight percent (8%) compounded annually for a ten year
period. Repayment shall be made from revenue generated from the
pier. The manner in which the repayment shall be made is detailed in the
"Cost and Payment/Repayment" section of this Agreement. Additionally, the
Grantee agrees to submit an annual financial statement detailing the Pier's
revenues and expenses to the Conservancy with its payment.
CONDITIONS PRECEDENT TO PAYMENT
No disbursement of funds shall be made under this Agreement until the following
conditions have been met:
1) A resolution has been approved by the City Council of Huntington Beach
which approves this Agreement, and agrees to all conditions contained in the
attached "List of Assurances" (Exhibit 3 incorporated herein by reference).'
Said resolution shall additionally affirm the Grantee's obligation to fully
reimburse the Conservancy for all funds disbursed pursuant to this Agreement
in accordance with the Conditions stated in the "Cost and Payment/Repayment
section of this Agreement.
2) The Executive Officer has approved in writing the detailed construction
drawings and project budget as required under this Agreement.
3) The Grantee has demonstrated to the satisfaction of the Executive Officer
that it has obtained the funding necessary for the completion of the project
as described in Exhibit 1.
Huntington Beach --N r� •
Page 6 k
Agreement, and shall be accompanied by written substantiation of the. completion
of the project as described in the "Scope of Agreement"
The Grantee agrees to repay the Conservancy from pier revenues one hunedred percent
(100%) of the funds disbursed pursuant to this Agreement by July 1, _1995.. Interest
shall accrue on the unpaid balance at the rate of eight percent (8%).per annum,
comounded annually, beginning on the date of final payment tendered by the
Conservancy to the Grantee,. The Grantee shall make annual payments of combined
interest and principal of twenty-two thousand three hundred fifty-five ($22,355)
each, by no later than July 1 of each year commencing July 1, 1986.` Interest
on the first payment shall be prorated according to the timing of the actual
disbursement bf funds from the Conservancy to the Grantee.
TERM OF AGREEMENT
The term of this Agreement shall run from the above written effective date of
this Agreement and shall continue until July 1, 2005, or twenty (20) years
from the "Completion Date", unless otherwise terminated or amended. The Grantee
agrees to complete construction of the project by July 1, 1985 ("Completion Date").
On or before the Completion Date, the Grantee shall submit to the Executive
Officer the final inspection report described in the above "Scope of Agreement"
along with a final "Request for Reimbursement of Expenditures" form (Exhibit 2)
requesting any amounts previously withheld.:
{prior to the Completion Date, either party may terminate th'is 'Agreement for
any reason by providing the other party with seven (7) days notice in writing.
In any event of termination by the Conservancy, prior to the Completion Date,
the Grantee agrees to take all reasonable measures to prevent further costs
to the Conservancy under this Agreement, and the Conservancy shall be responsible
for any reasonable and non-cancellable obligation incurred by the Grantee in' •�
the performance of this Agreement until the date of the notice to terminate,
Huntington Beach
Page
4
funding or other budget items unless there is an amendment.
AUDITS/ACCOUNTING/RECORDS
The Grantee shall maintain satisfactory financial accounts, documents and
records for the project and shall make them available to the Conservancy staff
for auditing and inspection at reasonable times and intervals. Such accounts,
documents and records shall be retained by the Grantee for three years following
the termination of this Agreement or completion of construction, whichever
is sooner and shall be subject to examination and audit of the Auditor General
during this period.
The Grantee may use any generally accepted accounting system, provided such
system meets minimum requirements as established by the State of
California.
INCORPORATION OF EXHIBITS TO THIS AGREEMENT
The three .attachments to this Agreement entitled "List of Assurances" (Exhibit 3)
"Indemnification and Standard Provisions" (Exhibit 4), and "Nondiscrimination
Clause" (Exhibit 5), describe additional rights and responsibilities of the
Conservancy and the Grantee arising our of this Agreement. Each of these
Exhibits is an integral part of this Agreement, and each is incorporated
herein by this reference.
COORDINATOR
All actions and approvals required to be taken by the Conservancy under this
Agreement shall be taken by the Executive Officer of the Conservancy or his
designee. Jacqueline Bernier is designated the Conservancy's project coordinator
for any problems or questions which may arise concerning the implementation of !/
this Agreement. ,�
STATE COASTAL CONSERVANCY
Project Synopsis
March 22, 1984
HUNTINGTON BEACH MUNICIPAL PIER
File No. : 84-07
APPLICANT: City' of Huntington Beach Orange County (Exhibits I and 2)
PROJECT S1J*1MARY: Repair of 1983 storm damage to the Huntington Beach
Municipal Pier. The recommended Conservancy share would
contribute to the replacement .of the cafe at the outer
end of the pier and general repair.
PROGRAM CATEGORY: Urban Waterfronts (Storm Damage Relief Grants '
FINANCIAL SUMMARY: Total Cost �$OO,fl00
City Share 450,000
County 200,000
Recommended Conservancy Share 150,000
REIMBURSEMENT: One hundred percent
period: 10 years
starting: Jury 1, 1986
rate 8.0 percent per annun
yearly
payment: $22,355
STAFF DISCUSSION
Site Description: The Huntington Beach Municipal Pier is an 1800-foot
long city-owned recreational pier visited by 1.5
million people annually. The original 1300-foot
pier has a reinforced concrete structure; the structure
on the outer section is timber. Improvements to the
pier include two bait-and-tackle shops, a stand-up
concession stand, cafe, public restrooms, and lifeguard
station. There is also a restaurant on the landward
end of the pier.
Project Description: During the 1983 winter storms, the end of the pier was
destroyed. Approximately 30 pilings and 4100 square
feet of decking, the 1500 square-foot cafe, a 300 square-
foot bait shop, light standards, and water, sewer and
electrical lines were lost.
-92- ���
CONSISTENCY WITH
DISASTER GRANTS
GUIDELINES: 1. , Local contribution -- Huntington Beach ,will :match
the Conservancy contribution from insurance, the general
fund, and private contributions.
2. Other funding sources - Orange County"s Department
of Harbors, 'Beaches an arks will pay for the boat
launching facility and some general pier repair, In
addition, the city has received several thousand dollars
in private contributions as 'noted, above.
3. Need The Conservancy contribution it needed to
comp Tee the funding package required for this project.
4. U�r�g�eng The End Cafe -i s an important source of
revenue o meeting the operations and maintenance ,
expenses for the pier;
5`. - C2tMl etenesT The pier is insured under the Ci ty's
balnketinsurancre policy. Huntington Beach has submitted
an operation and maintenance schedule for the pier.
6. Repayment ---`The City will repay 100 percent'of the
Conservancy grant within 10 years, beginning July 10 .1986
,at 8 percent yearly interest out of pier revenues. IThe
annual payments will be $22,355
7. Consistent - This project is consistent 'wi`th' the
city s certified Local Coastal Program land use plan
for the pier area. Commission approval of the addition
of a second story to the End Cafe is subject to conditions
limiting the type of operation and use of the .second story,
approval by- the Commission of the structural report, and
receipt of a State Lands Commission lease. No funds will
be disbursed to the City under the Storm Disaster Relief
Grants Program until the Commission. has certified in
writing that these conditions have been met,
8. CEQA Co liance -- As the repair/restoration of a
damaged Taci ify, is project is exempt from CEQA.
The city has filed a notice of exemption (Exhibit 4) .
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41
77-77
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Tel. %7141 536 5271
NOTICE OF EXEMPTION
O-. Secretary for Resources FROM:
1416 Ninth Street, Room I I I I
Sacramento, Califomia- 95814
County Clerk
County of
Protect Title
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oject ocat pe—c
Project Loc tion--City Project Location-County
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Descriptian of Nature, Purpoe,0,--and Beneficiaries o Project
►� �--�tab+-r C' C 14
Name of Ffiblic gency pprov ng Project
ICSA ,
Name f Person or Agency Carrying Out Project
Exempt Statust
AfC��C- c:,P-3 25-10 2- L*ss -2—C6)
Ministerial (Sec. 15073)
Declared Emergency (Sec. 15071 (a))
Emergency Project (Sec. 15071 (b) and (c)) 1
Categorical Exemption. See, r to Class. I
Er�c,f�r E f R�"sT'+-�.z n*-►�- i s t ry+ a Ai e-w S-r wo cri a-er
to nA r t3rQ 'r +-+ •=' s2P `. Tr1� 12c' �.►
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Contact Person Area Code Telephone 1?xten3ion'
Trt applicant:
I. Attach certified document of exemption finding.
Has a notice of exemption been fit by V`Ie public agency pproving
the proJect7 Yes No _ I`
Date Received for Filin$ �--�
Sig
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Title
SS(� .1�
rived M�teria3s and C 1ri mcnt Caber Costs Sub-Contracts if�iscei i4r,covs Coy'
Purchase Invoice ArUnit/Hourly
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Order No, Number Rate No. Name Warrant # No. tio,
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C Agree with Total Cost of Project This Period on Page 1
Exhibit.
INDEMNIFICATION AND STANDARD PROVISIONS
1. The Grantee agrees to indemnify, defend and save harmless the State ,
its officers, agents and employees from any and all claims and losses
accruing or resulting to any and all contractors, subcontractors ,
materialmen, laborers and any other person , firm or corporation furnishinc_-
- or supplying work, services , materials or supplies in connection with
the performance of this contract, and from any and all claims and losses
accruing or resulting to any person, firm or corporation who may be
injured or damaged by the Grantee in the performance of, this contract.
2. The Grantee, and the agents and employees of Grantee, in the performance
of this Agreement, shall' act in an independent capacity and not as
officers or employees or agents of the State of California .
3. The State may terminate this Agreement and be relieved of the payment
of any consideration to Grantee should Grantee fail to perform the
covenants herein contained at the time and in the manner herein
provided. In the event of such termination the State may proceed with
the work in any manner deemed proper by the State. The cost to the
State shall be deducted from any sum due the Grantee under this
Agreement, and the balance, if any, shall be paid the Grantee upon demand .
4. Without the written consent of the State , this Agreement is not assignable
by Grantee either in whole or in part.
5. Time is the essence of this Agreement-.
6. No alteration or variation of the terms of this contract shall be valid
unless made in writing and signed by the parties hereto, and no oral
understanding or agreement not incorporated herein, shall; be binding
on any of the parties hereto.,
7. The consideration to be paid Grantee, as provided herein, shall be in
compensation for all of Grantee's expenses incurred in the performance
hereof, including travel and per diem, unless otherwise expressly so
provided.
/11
%• ! CITY OF- HUNTINGTON BF-ACH
tea, INTER-DEPARTMENT COMMUNICATION
Hf11471W,TON BEACH
To Charles W. Thompson From Robert J. Franz
City Administrator Chief of Administrative Svcs.
Subject Appropriation For loan To Date May 14, 1984
Facilitate Pier Repairs And
Improvements
FIR # 84-28
In response to the request of the Public Works Department, a Financial impact Report
has been prepared and submitted. relative to the proposed loan from the State Coastal
Conservancy for. purposes of assisting the• City, ,in rebui-lding the pier and. cafe with a
low cost funding source. It has been estimated that the required payback,- starting
July, 1986 and extending over, a.,, ten year period, will necessitate -an'-annual ;
appropriation of $22,355 to satisfy the fully amortized commitment.
Conditions of the loan mandate repayment to be made through funds generated from pier
operations. Though it is not possible to state the precise net—fiscal impact;'on the
City`s unappropriated General Fund balance: over the entir ten.year term of.the loan,
it is anticipated that the financial benefits to be gained by virtue of this venture
will more than outweigh the interim' costs.`during this time':
Robert anz
Chief;.of dmin istrative Sv
R JF/AR/cg
i;
V
Financial Impact Report
Page' 2
NON-DOLLAR COSTS
N/A
4. BENEFITS TO BE DERIVED FROM THE PROJECT
' el inex ensive funds for ur oses of accomplishing
i r re air im rovements sho ld more than` pay for itself over
.the..rour.SE: of the loan duEatiorr=
5. PROJECT USAGE
6. EXPENDITURE TIMING
starting July,, 1986.
7. COST OF NOT IMPLEMENTING THE PROJECT
-it, wi1l_still retain the option of utilizing its own funds for this project
any rhim avnid any and tirable conditions associated with loan approval.
lE
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Res. No. 5377
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF- HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 21st day
of May 19 84 by the following vote:
AYES: Councilmen:
Pattinson, MacAllister, Kelly, Finley, Bailey, Mandic
NOES: Councilmen:
None
ABSENT: Councilmen:
Thomas
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California