HomeMy WebLinkAboutCalifornia Coastal Commission - 2013-11-04Dept. ID PW 13-066 Page 1 of 2
Meeting Date: 11/4/2013
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 11/4/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
SUBJECT: Approve and authorize the Mayor and City Clerk to execute an agreement with
the California Coastal Commission as required to obtain a Coastal Development
Permit for the Warner Avenue Bridge Over Bolsa Chica Channel Project; and
adopt Resolution No. 2013-57 authorizing the Director of Public Works to
execute Assumption of Risk, Waiver of Liability and Indemnity Agreements as
required by the California Coastal Commission for Coastal Development Permits
Statement of Issue: The, California Coastal Commission is requiring the City to execute the
attached agreement prior to their issuance of a Coastal Development Permit to construct the
Warner Avenue Bridge Over Bolsa Chica Channel Project.
Financial Impact: None associated with this action.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute the "Assumption of Risk, Waiver of
Liability and Indemnity Agreement by the City of Huntington Beach Regarding the Warner Avenue
Bridge Over Bolsa Chica Channel" with the California Coastal Commission as required to obtain a
Coastal Development Permit for the Warner Avenue Bridge Over Bolsa Chica Channel Project.
B) Adopt Resolution No. 2013-57, "A Resolution of the City Council of the City of Huntington Beach
Authorizing the Director of Public Works to Execute Assumption of Risk, Waiver of Liability and
Indemnity Agreements as Required by the California Coastal Commission for Coastal Development
Permits."
Alternative Action(s): Do not approve the agreement and/or resolution, and provide staff with
alternative direction.
Analysis: A Coastal Development Permit (CDP) issued by the California Coastal Commission
(CCC) is typically required for any construction project located within the Coastal Zone. Therefore,
the City submitted the required application to the CCC and, in May 2013, received a Notice of Intent
to Issue CDP No. 5-12-191 for the proposed Warner Avenue Bridge Over Bolsa Chica Channel
Project. Prior to the issuance of the CDP, the City is required to submit a written agreement which
essentially states that it will assume any risk that may be involved with proceeding with the
permitted project, and that the City will indemnify the CCC from any liability that may arise from the
issuance of the CDP.
The attached Agreement has been prepared by the City Attorney's office, and is in a form and
content acceptable to the CCC staff. Given that the execution of this Agreement is a standard
xB -35- Item 4. - I
Dept. ID PW 13-066 Page 2 of 2
Meeting Date: 11/4/2013
condition required by the CCC prior to the issuance of a typical CDP, staff is hereby requesting that
the Council approve a resolution granting the Director of Public Works the authorization on behalf of
the City to execute similarly worded Agreements, approved as to form by the City Attorney's office,
in order to expedite the issuance of future CDP's.
Public Works Commission Action: Not required for this action.
Environmental Status: Not required for this action.
Strategic plan Goal:
Improve the City's infrastructure
Attachment(s):
1. Assumption of Risk, Waiver of Liability and Indemnity Agreement by the City of Huntington
Beach Regarding the Warner Avenue Bridge Over Bolsa Chica Channel Project.
2. Resolution No. 2013-57 authorizing the Director of Public Works to execute Assumption of Risk,
Waiver of Liability and Indemnity Agreements as required by the California Coastal Commission
for Coastal Development Permits.
Item 4. - 2 HB -36-
ATTACHMENT
ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
BY THE CITY OF HUNTINGTON BEACH REGARDING
THE WARNER AVENUE BRIDGE OVER BOLSA CIIICA CHANNEL PROJECT
WHEREAS, the City of Huntington Beach, a California municipal corporation ("City")
has applied to the California Coastal Commission ("Commission") for Coastal Development
Permit No. 5-12-191 (the "CDP") to construct the Warner Avenue Bridge Over Bolsa Chica
Channel Project ("Project"); and
As a condition of issuance of the CDP, the Commission has required the City to submit a
written agreement, in a form and content acceptable to Commission's Executive Director, in
which City agrees to assume certain risks, waive liability for certain injuries or damages, and
provide indemnification to the Commission for certain other claims and damages that may result
due to the Project,
NOW, THEREFORE, the City hereby agrees as follows:
1. INDEMNIFICATION, ASSUMPTION OF RISK, AND WAIVER OF LIABILITY
By acceptance of the CDP, the City acknowledges and agrees:
A. That the Project site may be subject to hazards from wave and tidal
action, flooding, erosion, sea level rise, geologic instability or liquefaction; and
B. To assume the risks of such hazards to the City, and the property that is
the subject of the CDP, of injury and damage from such hazards in connection with the
permitted development; and
C. To unconditionally waive any claim of damage or liability against the
Commission, its officers, agents, and employees for injury or damage from such hazards; and
D. To indemnify and hold harmless the Commission, its officers, agents, and
employees with respect to the Commission's approval of the Project against any and all
liability, claims, demands, damages, costs (including costs and fees incurred in defense of such
13-3967/101929
claims), expenses, and amounts paid in settlement arising from any injury or damage due to
such hazards; and
E. To include a provision in any subsequent lease of the subject property
requiring the lessee to submit a written agreement to the Commission, for the review and
approval of the Executive Director, incorporating all of the terms of this Paragraph 1.
IN WITNESS WHEREOF, the City of Huntington Beach has executed this Agreement
by and through its authorized officers on / r r0yE�� 0�/, 2013.
APPROVED AS TO FORM:
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INITIATED AND APPROVED:
Public Works Direct r
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This is to certify that the Assumption of Risk, Waiver of Liability and Indemnity Agreement set
forth above is hereby acknowledged by the undersigned officer on behalf of the California
Coastal Commission pursuant to authority conferred by the California Coastal Commission when
it granted Coastal Development Permit No. 5-12-191 on May 8, 2013 and the California Coastal
Commission accepts the form and content thereof by its duly authorized officer.
Dated: 1 I II Z 115
CALIFORNIA COAST/AFL COMMISSIO
By: (�
13-3967/101929 2
'I 1
RESOLUTION NO. 2013-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ASSUMPTION OF
RISK, WAIVER OF LIABILITY AND INDEMNITY AGREEMENTS AS REQUIRED BY
THE CALIFORNIA COASTAL COMMISSION FOR COASTAL DEVELOPMENT PERMITS
WHEREAS, the City of Huntington Beach is required to obtain Coastal Development
Permits from the California Coastal Commission for certain public construction projects located
within the Coastal Zone; and
The California Coastal Commission requires the execution of standardized Assumption
of Risk, Waiver of Liability and Indemnity Agreements prior to the issuance of Coastal
Development Permits; and
The City wishes to delegate authorization to the Director of Public Works to execute
these agreements in a standardized form and content as approved by the City Attorney,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. That the Director of Public Works is authorized to execute all standardized
Assumption of Risk, Waiver of Liability and Indemnity Agreements as required by the
California Coastal Commission prior to the issuance of Coastal Development Permits for public
construction projects located within the Coastal Zone.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on November 4, 2013.
If If
REVIE
APPROVED:
City Ig
APIOVED AS TO FORM
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Mayor
INITIATED AND AP ROVED:
Director of Public Works
13-3967/102225
Res. No. 2013-57
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN 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 at least a majority of all the members of said City Council
at a Regular meeting thereof held on November 4, 2013 by the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
ABSENT: None
ABSTAIN: None
City C_ierk and ex-officio Cf k of the
City Council of the City of
Huntington Beach, California