HomeMy WebLinkAboutDEPARTMENT OF TRANSPORTATION (CALTRANS)/STATE COASTAL CONSERVANCY - 1988-08-05REQUEST FOR CITY COUNCL ACTION
3
Date
Submitted to: Honorable Mayor and City Council Members
Submitted by: Paul E. Cook, City Administrator �-
Prepared by: James W. Palin, Deputy City Administrator
Subject: HUNTINGTON WETLANDS RESTORATI
Consistent with Council Policy? [Pd Yes [ I New Policy or
September 6, 1988
f
t
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: P
STATEMENT OF ISSUE:
An eight party agreement has been prepared by Wetland Conservancy, City, and six other
agencies to facilitate wetlands restoration on approximately 23.9 acres of wildlife habitat
at Brookhurst Street and Pacific Coast Highway.
RECOMMENDATION:
To approve and authorize the Mayor to sign the Wetlands Agreement.
ANALYSIS:
City staff has been working in cooperation -with the State Coastal Conservancy staff as
well as the Huntington Wetlands Conservancy and other parties to arrive at an agreement
that would allow for the creation of a wetlands habitat on a combined 23.9 acres of
property located between the Sanitation Plant, Pacific Coast Highway and the Santa Ana
River. The purpose of the City signing the agreement is to demonstrate City support for
the Conservancy's restoration plan, as well as, to concur with the modifications of the
Conservancy, Sanitation District's, and Flood Control District's parcels to allow the
combined 23.9 acres to be created. The City's support and concurrence can be found on
Page No. 4 of the attached agreement.
Last November, the City entered into an agreement with the Conservancy authorizing the
mitigation for the City's Brookhurst Bridge improvements in the sum of $8,000 to be paid
to the Conservancy to assist in this restoration project proposed now. It should be noted
that this agreement does not eliminate the Wetlands Conservancy requirement that they
secure permits for the wetlands restoration from all required regulatory agencies.
In addition to the procedural arrangements and methods of establishing the 23.9 acres, the
agreement also sets forth the credits that will be established for the Orange County Flood
District pursuant to this restoration project. Staff will be prepared to respond to
questions at your September 6, 1988 meeting.
Back up materials to the agreements are on file in the City Clerk's Office.
PIO 5/85
RCA -Wetlands Agreement
Page 2
FUNDING SOURCE:
None required.
ALTERNATIVE ACTION:
To deny participation in the agreement which would require a revision to eliminate the
City from said agreement.
ATTACHMENTS:
1. Huntington Wetlands Agreement
JWP:lp
(3995h)
r
State of California
MEMORANDUM
DEC 01988
office of Zuni A�m ^at�atcr
Date . November 28, 1988
To Jim Williams, Orange County Flood Control District
Tom Dawes, Orange County Sanitation Distri -
Jack Fancher, U.S. Fis and Wildlife ice
Bob Radovich, CA Depar ment of Fi and Game
Jim Raives, C�Coastal ommis n
Jim Palin, Ci of Hunt'ng each
From Reed Holderman&OnVffancy
State Coastal and
Gary Gorman
1101�1'-
Huntington,Zeach Wetlands Conservancy
RE . Huntington Wetlands Agreement
We are pleased to report that the Huntington Beach Wetlands agreement
has been signed by all parties (signature pages are enclosed).
Construction of the enhancement project begin immediately. For more
details on project construction, please call Gary Gorman at (714) 963-
2123.
Upon the completion of the first phase of construction, we will request
that the Sanitation District and the Flood Control District record and
convey conservation easements over their properties to the Huntington
Beach Wetlands Conservancy pursuant to items 6 and 7 of the agreement.
In addition, the Coastal Conservancy shall convey fee title to the
Brookhurst property to the Wetlands Conservancy.
In the meantime, thanks for your help, and if we can be of further
assistance, please call. �`
cc: Clark Ide
Wayne Woodruff
Esther Burkett
Chuck Holt
Jack Sproville
Carl Nelson
State of Cnlifornia THcESOURCES AGENCY OF CALIFORNIA
State Coastal Conservancy
Memorandum lopw�✓;
March 17, 1988
Da,e
To Donald Lollo k, lUchard Babel, Paul Cook, Jack Fancher , ~ PPLO
and Gar Gorm n Frelephone. (415) 464-1015
ATSS 561-1015
from Reed F1O1 Ir
Subject: Final Huntington Wetlands Agreement
Enclosed for your records is a fully executed agreement between
Caltrans, the State Coastal Conservancy, the Huntington Beach
Wetland Conservancy, the City of Huntington Beach# and the resource
agencies. We will now ask 'the Department ofi'General Services
to concur with this agreement prior to Caltrans transferring the
Brookhurst property to the State Conservancy.
If you have any questions on this agreement or the transfer process,
please call me.
cc: Wayne Woodroof
Glenn Rollins
Robert Radovich
REQUEST FOR CITY COUNCIL)ACTION
Date
Submittedto: Honorable Mayor and City Council
Submitted by: Paul E. Cook, Interim City Ac?ministrat
or
October 27, 1987
Goy'
fi
Prep-ired by: Paul E. Cook, Interin, City Administrator
Subj-ct• Widening of Brookhurst Bridge and Pacific
Consistent with Council Policy? [X1 Yes L ] New policy or Exception
Hi
11rM
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
A condition of the coastal permit for widening the Brookhurst Bridge
and Pacific Coast Highway (Beach Boulevard to the Santa Ana River)
requires that the attached agreement be approved.
RECOMMENDATION:
Approve the attached agreement thereby authorizing the Mayor to sign
the document as required.
ANALYSIS:
The widening of the Brookhurst Bridge and Pacific Coast Highway,
between Beach Boulevard and the Santa Ana River, involves coastal
wetlands. Therefore, a coastal commission permit- must be obtained
for both of these projects. The permit is conditioned that the city
agree to allow coastal conservancy development of wetlands within
'excess Caltrans right-of-way.
The execution of the attached agreement will authorize the develop-
nent of wetlands within a 17 acre parcel owned by Caltrans to be
purchased by State Coastal Conservancy.
I'UNDING .SOURCE:
V/A
hLTERNATIVE ACTION:
Deny approval of agreement and forego receipt of needed Coastal Com-
mission permits.
F.TTACHMEP.TS :
Six copies of agreement,
FEC:DRN:dw
AIO 4184
Y ,
REQUEST FOR CITY COUNCIL ACTION
Data November 4, 1987
Submitted to: Honorable Mayor and City Council
Submitted by: Paul E. Cook, Interim City Administrator
Prepared by: Paul E. Cook, Interim City Administrator
Subject: Brookhurst Bridge Improvements; CC-546
�Y
Consistent with Council Policy? ] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
Statement of Issue:
The City and the Huntington Beach Wetlands Conservancy desire to mitigate the impact
upon existing wetlands effected by the widening of Brookhurst Street.
Recommendation:
Approve the attached agreement; thereby mitigating the impact upon existing wetlands
effected by the widening of Brookhurst Street.
Analysis:
The Brookhurst Bridge improvements include the widening of Brookhurst Street between
the bridge and Pacific Coast Highway. The street widening, on the Newport Beach side of
Brookhurst Street, will impact approximately 5,000 square feet of existing wetlands. The
City and the Huntington Beach Wetlands Conservancy desire to mitigate the impact upon
existing wetlands effected by the widening of Brookhurst Street, and therefore, the
attached agreement has been drafted for review and approval by Council. The terms of
the agreement include sharing in the costs of restoring wetlands directly adjacent to the
project, and easement across the land, as described in Exhibit "C" of the agreement, to
the Conservancy within 30 days after the execution of this agreement and at no cost to m
the Conservancy. Staff has reviewed the attached agreement and recommends Council
approval.
Funding Source:
The City shall pay to the Conservancy $B4O00.00. This amount represents the City's share
of the project costs plus 15% for engineering and contract administration expenses.
Revenues will be obtained as outlined below:
Federal Highway Administration City Gas Tax Total
I $6,B80.00 $1,120.00 $8,000.00
Alternative Actions:
Deny approval of agreement
Attachments:
Agreement
Nto 5 %r.
A T T E N T I O N
ALSO SEE FILE 49 HUNTINGTON BEACH WETLANDS CONSERVANCY
BROOKHURST ST. BRIDGE
BROOKHURST ST. WIDENING
-i
Revised 8/5/88
AGREEMENT
This AGREEMENT is made and entered into BY AND BETWEEN:
The ORANGE COUNTY FLOOD CONTROL
DISTRICT. a political subdivision of
the State of California, hereinafter
referred to as "FLOOD DISTRICT",
AND
The HUNTINGTON BEACH WETLANDS
CONSERVANCY, a California Nonprofit
Corporation, hereinafter referred to
as "WETLANDS CONSERVANCY",,
AND
AND
AND
AND
AND
AND
The STATE COASTAL CONSERVANCY, an
agency of the State of California,
hereinafter referred to as "COASTAL
CONSERVANCY",
UNITED STATES OF AMERICA, acting
through the FISH AND WILDLIFE
SERVICE, UNITED STATES DEPARTMENT OF
THE INTERIOR, hereinafter referred
to as "FWS",
The DEPARTMENT OF FISH AND GAME, an
agency of the State of California,
hereinafter referred to as "CDFG",
The CALIFORNIA COASTAL COMMISSION,
an agency of the State of
California, hereinafter referred to
as "COASTAL COMMISSION",
The CITY OF HUNTINGTON BEACH,
hereinafter referred to as "CITY",
The COUNTY SANITATION DISTRICTS of
ORANGE COUNTY, hereinafter referred
to as "SANITATION DISTRICTS".
1
V
WITNFSS£TH
WHEREAS, FLOOD DISTRICT's Talbert Valley Channel System provides
flood protection to an area of apprcximately 13.3 square miles in the
cities of Huntington Beach and Fountain Valley; and
WHEREAS, FLOOD DISTRICT intends to improve the Talbert Valley
Channel System to provide capacity for a 100-year discharge as set
forth in Alternate "F-2" of the Project Report for Talbert Valley
Channels (February, 1985) and as discussed in FLOOD DISTRICT's
Environmental Impact Report No. 445, approved by the Orange County
Board of Supervisors, and as generally described in Exhibit A (the
"Flood Control Project"); and
WHEREAS, the cost of the Flood Control Project far exceeds FLOOD
DISTRICT's current ability to fund, and, consequently, flood
improvements may be_phased over twenty or more years; and
WHEREAS, it is necessary for FLOOD DISTRICT to construct a new
ocean outlet for the Talbert Valley Channel system to accommodate the
Santa Ana River Mainstem Project as set forth in The Water Resources
Development Act of 1986 (United States Public Law 99-662); and
WHEREAS, FLOOD DISTRICT wishes to construct a new Talbert Channel
ocean outlet as an early item of work and subsequently will proceed
with inland improvements to Talbert and Huntington Beach Channels (two
of the main channels of the Talbert Valley Channel system) as funding
allows; and
WHEREAS, construction of the Flood Control Project may result in
the permanent loss of wetland habitat; and
WHEREAS, COASTAL CONSERVANCY is the owner of a 15.2-acre parcel of
degraded wetlands located easterly of Brookhurst Street and northerly
of Pacific Coast Highway within the corporate limits of the CITY and
within the Coastal Zone (the "Conservancy Parcel"); and
WHEREAS, FLOOD DISTRICT is the owner of fee rights over a three
acre parcel that is part of the existing Talbert Halley Channel System
(the "Flood District Parcel"); and
WHEREAS, FLOOD DISTRICT is the owner of easement rights over two
parcels, constituting 5.7 acres, that are owned in fee by SANITATION
DISTRICTS (the "Sanitation District Parcels"); and
01
WHEREAS, WETLANDS CONSERVANCY has prepared a plan for the
enhancement of the Conservancy Parcel, the Flood District Parcel, and
the Sanitation District Parcel, a combined total of approximately 23.9
acres, to create wildlife habitat by restoring tidal influence,
restoring dunes, maintaining and monitoring the completed project, and
other actions as described in the Huntington Beach Wetlands Restoration
Plan (hereinafter referred to as "Wetlands Restoration Alan"), a copy
W
39
of which is attached hereto as Exhibit B and incorporated herein by
this reference; and _
WHEREAS, pursuant to the California Public Resources Code Section
31000 et seg., COASTAL CONSERVANCY is authorized to undertake projects
for the enhancement of resource areas in the Coastal Zone of the State
of California; and
WHEREAS, on April 24, 1987, the COASTAL CONSERVANCY approved the
Wetlands Restoration Plan, adopted a Negative Declaration therefor,
authorized a S331,000 grant to WETLANDS CONSERVANCY to fund
implementation of a portion of the Wetlands Restoration Plan, and
agreed to convey title to the Conservancy Parcel to WETLANDS
CONSERVANCY upon completion of the Phase I construction work described
in the Wetland Restoration Plan; and
WHEREAS, COASTAL COMMISSION conceptually approved the Wetlands
Restoration Plan, pursuant to Public Resources Code Section 31258, on
June 12, 1987; and
WHEREAS, the Wetlands Restoration Plan precludes the need for
FLOOD DISTRICT's planned flood control improvements between Pacific
Coast Highway and Brookhurst Street as described in Exhibit A; and
WHEREAS, SANITATION DISTRICTS wish to facilitate the Flood Control
Project and have agreed to convey an easement over the Sanitation
District Parcels to WETLANDS CONSERVANCY; and
WHEREAS, SANITATION DISTRICTS desire to be assured that future
improvements to their clarifier plant adjacent to the Wetlands
Restoration Plan area will be compatible with the Wetlands Restoration
Plan; and
WHEREAS, FLOOD DISTRICT has by separate agreement with WETLANDS
CONSERVANCY, attached hereto as Exhibit C and incorporated herein by
this reference, agreed to convey an easement over the Flood District
Parcel to WETLANDS CONSERVANCY, and, to fund the removal of the south
levee of the Talbert Channel between Brookhurst Street and Pacific
Coast Highway, the excavation of a pilot channel between Brookhurst and
Pacific Coast Highway, and an inlet/outlet at Brookhurst Street and at
Pacific Coast Highway as described in the Wetlands Restoration Plan,
and estimated by WETLANDS CONSERVANCY engineer to cost approximately
$600,000, conditional upon an agreement for mitigation credits; and
WHEREAS, FLOOD DISTRICT's portions of the Wetlands Restoration
Plan are not separable but must be done as part of a single project to
implement the Wetlands Restoration Plan; and
WHEREAS, the State of California Department of Transportation
(hereinafter referred to as "CalTrans") intends to widen Pacific Coast
Highway to six lanes (the "CalTrans Project") and has entered into a
separate agreement with COASTAL CONSERVANCY et al. to mitigate dune and
3
L
least tern impacts resulting from the CalTrans Project by funding
restoration on the Conservancy Parcel; and
WHEREAS, the need to coordinate the CalTrans Project and Flood
Control Project without delay of the CalTrans Project suggests the need
for a mitigation bank whereby FLOOD DISTRICT's mitigation earned from
the participation in the Wetlands Restoration Plan can be reserved
until funds are available for future flood control improvements in the
Talbert Valley; and
WHEREAS, implementation of the Wetland Restoration Plan will
create new wetlands in excess of CalTrans' mitigation needs; and
WHEREAS, the FWS and the CDFG have as their primary mandate the
conservation, protection, and enhancement of fish and migratory birds
and their habitat, including the planning of biological loss avoidance
and compensation; and
WHEREAS, the parties concur that offsetting habitat losses through
the creation of new or enhanced habitat as close to the location of
these losses as possible will best ensure that the habitat losses will
be compensated.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
1. WETLANDS CONSERVANCY shall be the lead agency to implement
the Wetlands Restoration Plan, including planning and construction,
management, operation and maintenance, and monitoring throughout the
term of this Agreement. The implementation shall be carried out in
accordance with the Wetlands Restoration Plan and pursuant to terms and
conditions of the COASTAL CONSERVANCY grant to WETLANDS CONSERVANCY.
2. WETLANDS CONSERVANCY shall be responsible for obtaining all
permits and approvals necessary for construction. FWS, CDFG, COASTAL
COMMISSION, FLOOD DISTRICT, SANITATION DISTRICTS and CITY shall support
the WETLANDS CONSERVANCY's efforts in securing such permits and
approvals.
3. WETLANDS CONSERVANCY shall, in consultation with DFG and FWS,
schedule and conduct construction so as not to incur significant
habitat loss or degradation and so as not to adversely impact any state
or federal endangered species including the California Least Tern.
4. FWS, COASTAL COMMISSION, CDFG and CITY agree to modification
of,the Conservancy Parcel, Sanitation District Parcels, and Flood
District Parcels as described in the Wetlands Restoration Plan,
including construction and management activities consistent therewith.
5. COASTAL CONSERVANCY shall convey fee title to the Conservancy
Parcel to WETLANDS CONSERVANCY for management, operation and
maintenance, upon completion of the Phase I construction work described
in the Wetlands Restoration Plan.
4
6. SANITATION DISTRICTS shall convey to WETLANDS CONSERVANCY
upon completion of the Phase 1 construction work, a conservation
easement in the form shown in Exhibit D.
7. FLOOD DISTRICT shall convey an easement over the Flood
District Parcel to WETLANDS CONSERVANCY upon completion of the
construction work described in the Wetlands Restoration Plan, as
further described in Exhibit C. The easement shall be conveyed to
WETLANDS CONSERVANCY by a deed in the form shown in Exhibit E.
8. WETLANDS CONSERVANCY shall manage the Conservancy Parcel, the
Flood District Parcel, and the Sanitation District Parcels, in
accordance with the Wetlands Restoration Plan, upon the transfer of
title from COASTAL CONSERVANCY and the granting of easements from FLOOD
DISTRICT and SANITATION DISTRICTS.
9. SANITATION DISTRICT'S futures activities on its adjacent
property and on the conservation easement described in Exhibit D are
agreed by all parties to be compatible with the Wetlands Restoration
Plan. These activities consist of the following: remodeling and
enlargement of the District's clarifier, installation of a landscape
buffer, and temporary construction use for clarifier construction,
depicted in Exhibit F, attached hereto and incorporated herein by this
reference, are agreed to be compatible with the Wetlands Restoration
Plan. use of the top of the north berm of the Talbert Flood Channel on
the easement area for access for service vehicles; the maintenance of
an existing or replacement fence on the easement; the right to use the
easement for temporary construction purposes; and the Sanitation
District's rehabilitation and/or enlargement of its ocean discharge
facilities. These uses are depicted on of Exhibit F, attached hereto
and incorporated by reference. This agreement does not relieve the
Sanitation District from the obligation of obtaining all required
permits for its projects, but does constitute a waiver by the parties
hereto of any objection to the siting of the clarifier project so long
as such siting is consistent with Exhibit F.
10. Following transfer of fee interest in Conservancy Parcel and
easements over Sanitation District Parcels and the Flood District
Parcels to the WETLANDS CONSERVANCY, FLOOD DISTRICT shall undertake
maintenance activities on these parcels when required to maintain the
flood control capacity and the integrity of the perimeter only to the
extent necessary to protect the public health and safety. Prior to
conducting any maintenance activities on the parcels described above,
except during an emergency, FLOOD DISTRICT shall submit a maintenance
plan to WETLANDS CONSERVANCY for its approval and include in such plan
reasonable measures to protect the wetlands. Any maintenance
activities that could affect the Flood District Parcel, the Sanitation
District Parcels and the Conservancy Parcel simultaneously shall be
phased over two seasons and separated by at least 9 months so as to
allow habitat rejuvenation of the first phase prior to initiation of a
second phase. WETLANDS CONSERVANCY agrees to review FLOOD DISTRICT`s
plan within thirty days and to not unreasonably withhold its approval
v
or add unreasonable conditions. FLOOD DISTRICT acknowledges that its
maintenance activity on the parcel may be subject to regulation by
CITY, COASTAL COMMISSION, CDFG, FWS and the Army Corps of Engineers.
11. The mitigation credit earned by FLOOD DISTRICT participation
in the WETLANDS RESTORATION PLAN as described herein shall consist of a
total of 3.85 acres of wetland credit in excess of CalTrans' mitigation
as described below:
a. 3.12 acres earned through the removal of the south levee
and adjoining bike trail;
b. .55 acres earned by virtue of FLOOD DISTRICT's
construction of a new outlet channel and partial repayment to
COASTAL CONSERVANCY; and
c. .18 acre earned by virtue of payment to the COASTAL
CONSERVANCY.
I2. The above described mitigation credits may be reserved by
FLOOD DISTRICT for future use subject to the following conditions:
a. The mitigation credits may only be used for the Talbert
Valley Channels projects.
b. The mitigation credits may only be used for the mitigation
of similar habitat, as determined by the applicable
regulatory agencies.
c. Such credit shall be subject to review on a case -by -case
basis for each permit application and mitigation needs of
that phase. It is mutually understood that the credits
stipulated herein are derived from the Wetlands Restoration
Plan and therefore are not necessarily the same as the
mitigation that may be needed for FLOOD DISTRICT's projects.
d. If the mitigation credits are not used within 30 years
from the date of execution of this Agreement, they shall
expire. In no case shall the mitigation credits be used to
compensate for the loss of more than 3.85 acres of wetland
which may result from implementation of the Talbert Valley
Channel projects.
13. FLOOD CONTROL DISTRICT shall pay all costs necessary to
fulfill its mitigation obligation to the COASTAL CONSERVANCY within
sixty (60) days of the effective date of this Agreement. These costs
are described in Exhibit G and total SI2,208.
14. It is acknowledged that portions of the Wetlands Restoration
Plan may not precisely reflect the actual on -site conditions. In the
event that on -site conditions diverge from those anticipated in the'
Wetlands Restoration Plan, WETLANDS CONSERVANCY may modify the work to
2
account for those changed conditions subject to the approval of FLOOD
DISTRICT, COASTAL COMMISSION, DFG, FWS and COASTAL CONSERVANCY. In
the event that approved amendments to the Wetlands Restoration Plan
effect a change in the number of mitigation credits, these credits
accruing to FLOOD CONTROL DISTRICT shall be recalculated.
15. Upon approval of use of mitigation credits as described
above, the FLOOD DISTRICT agrees to maintain accurate records on the
use of the mitigation credits and to notify all signatories to this
agreement in writing every time such credits are used.
lb. This Agreement is binding only if all required permits and
approvals are received by WETLANDS CONSERVANCY by December 30, 1988.
17. This Agreement fulfills the requirements of paragraph 12 of
the Agreement between FLOOD DISTRICT and WETLANDS CONSERVANCY (Exhibit
C). -
18. This Agreement shall be in full force and effect from the
last date on which all participants have signified agreement by
signature of their designated representative. The term of this
Agreement shall be from said effective date throughout the life of the
Flood Control Project, unless earlier rescinded by written consent of
all parties. For purposes of this Agreement, "the life of the Flood
Control Project" is understood to mean and refer to the period during
which the Flood Control Project is constructed and used for flood
protection purposes. This Agreement may be amended by written
agreement of all parties.
19. This Agreement may be executed in several counterparts, each
of which shall be deemed an original, and all of which shall constitute
but one and the same instrument.
Vi
The STATE COASIM CONSERVANCY
The Resources. ncy ofAalifor
Z F/ y
BY: C,
Pet Grene , Execdtive/Officer
The HUNTINGTON BEACH WETLANDS CONSERVANCY
A California Nonprofit Corporation
BY: r
Bill Wiesman, Chairman
The CITY OF HUNTINGTON BEACH
��li�'���/�
%ohn rstcine, Mayor`
A'TTYST,• y -
J
The H BIND WILDLIFEVICE
U.S. Department of Interior
o.:df�
Date: v if l
Date: -/X -a 8
BY: Date:
Richard J. Myc a , Regional Director,
Region I
The DEPARTMENT OF FISH AND GAME
The Resources Agency of California
BY:
Pete Bontadelli, Director
The STATE COASTAL COMMISSION
The Resources Agency of California
$Y :
Peter Douglas, Executive Director
Date:
Date:
The STATE COAST CONSE ANCY
The Resources cy of aliforn a
BY: r Date
PetW Grene 1, Executiv6 Officer
The HUNTINGTON BEACH WETLANDS CONSERVANCY
A Ca-l—iffoor-ni�ia Nonprofit Corporation
BY: i .�11 � '�_.__—
Bill Wiesman, Chairman
The CITY OF HUNTINGTON BEACH
BY:
John Erskine, Mayor
The FISH AND WILDLIFE SERVICE
U.S. Department of Interior
Date: V/1/1)
Date:
BY Date:
Field Sup6rvisor
Laguna Niguel Field office, Region 1
The DEPARTMENT OF FISH AND GAME
The Resources Agency of California
BY: Date:
Pete Sontadelli, Director
The STATE COASTAL COMMISSION
The Resources Agency of California
BY: Date:
Peter Douglas, Executive Director
L-1
V
IN
The S7A7E COASTAL CONSERVANCY
She Resources Agency of Cal ornia
PABY: Date:
Peter G)Knell, Executive Officer
The HUNTINGTON BEACH WETLANDS CONS€RVANCY
A California Nonprofit Corporaticn
BY: Date: �j g
Bill Wiesman, Chairman
The CITY OF HUNTINGTON BEACH
BY: Date:
Jon Erskine, Mayor
The FISH AND WILDLIFE SERVICE
U.S. Department of Interior
BY: Date:
Richard J. Myc a , Regional Director,
Region I
The DEPARTMENT OF FISH AND GAME
The Resources Agency of California
BY:� - _ -
Pete Bontade� i, Director
The STATE COASTAL COMMISSION
The Resources Agency of California
BY:
Peter Douglas, Executive Director
3
Date:
OR
The STATE COASTAL CONSERVANCY
The Resources A y o liforni
BY:
Peter mneExecutive Ufficer
Date: >
The HUNTINGTON BEACH WETLANDS CONSERVANCY
A California Nonprofit Corporation
/BY: Date:
Bill Wiesman, Chairman
The CITY OF HUNTINGTON BEACH
BY; pate;
---John- Erskine, Mayor
The FISH AND WILDLIFE SERVICE
U.S. Department of Interior
BY: Date:
Richard J. Myc a , Regions Director,
Region I
The DEPARTMENT OF FISH AND GAME
The Resources Agency of California
BY:
Pete Bontadelli, Director
The RSTAT TAL Pyof
�S/IO,N
AgeurceTh7Califo
rnia
.0'1, BY:
Date:
Date:
etZr fouglas, fxed Live Director
E
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a political subdivision of the State
of California
BY:'0;� a
Date: SEP 13 1988
Chairman, Board oF Superviscrs
COUNTY SANITATION DISTRICT NO. I.
an agent for the County Sanitation
Districts of Orange County
BY: Hate:
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE ORANGE COUNTY BOARD OF
SUPERVISORS
C—Z 2 �' Linda 0. Ra a ts-SEP41-iM
Clerk of the Board of Supervisors
of Orange County, California
0
APPROVED AS TO FORM
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
eputy
Date
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a political subdivision of the State
of California
BY:
Chairman, Board of Supervisors
COUNTY SANITATION DISTRICT NO. I
an agent for the County Sanitation
Districts of Orange County
Date:
Date: September 14, 1988
SY • SE)C RLTARY
SIGNED AND CERTIFIED THAT A COPY APPROVED AS TO
OF THIS DOCUMENT HAS BEEN ADRIAN KUYPER,
DELIVERED TO THE CHAIRMAN OF ORANGE COUNTY,
THE ORANGE COUNTY BOARD OF
SUPERVISORS
Linda D. Roberts
Clerk of the Board of Supervisors
of Orange County, California
4
FORM
COUNTY COUNSEL
CALIFORNIA
Deputy
Date
AGREEMENT
AMO'N,
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION,
THE CITY OF HUNTINGTON BEACH,
THE CALIFORNIA DEPARTMENT OF FISH AND GAME,
THE FISH AND WILDLIFE SERVICE,
THE STATE COASTAL CONSERVANCY AND
THE HUNTINGTON BEACH WETLANDS CONSERVANCY
TO
ESTABLISH A PROCEDURE FOR COMPENSATION
OF WETLAND HABITAT LOSSES
INCURRED BY THE DEPARTMENT OF TRANSPORTATION HIGHWAY WIDENING
PACIFIC COAST HIGHWAY
WITHIN THE CITY OF HUNTINGTON BEACH
BY WETLAND HABITAT RESTORATION AT THE HUNTINGTON WETLANDS
THIS AGREEMENT ("Agreement") is entered into by the UNITED STATES OF
AMERICA, acting by and through the FISH AND WILDLIFE SERVICE, UNITED
STATES DEPARTMENT OF THE INTERIOR ("FWS"); the STATE OF CALIFORNIA,
acting by and through the DEPARTMENT OF FISH AND GAME ("CDFG"), the
STATE COASTAL CONSERVANCY ("CONSERVANCY") and the DEPARTMENT OF
TRANSPORTATION ("CALTRANS"); the CITY OF HUNTINGTON BEACH acting by and
through its CITY COUNCIL ('COUNCIL"); and the HUNTINGTON BEACH WETLANDS
CONSERVANCY (HBWC"), a California Non -Profit Corporation.
h
WHEREAS, CALTRANS is authorized to foster the orderly and necessary
t development of highways including the widening of Pacific Coast Highway
(State Route I) in the City of Huntington Beach; and
WHEREAS, the FWS and the CDFG have as their primary mandate the
conservation, protection, and enhancement of fish and migratory birds
and their habitats, including the planning of biological loss avoidance
and compensation; and
1
e
U
WHEREAS, highway development landfills are subject to State regulation
pursuant to the California Coastal Act and the California Environmental
Quality Act (CEQA) and Federal regulation pursuant to the Rivers and
Harbors Act, the Clean Dater Act, and the National Environmental Policy
Act (NEPA); and
WHEREAS, Caltrans contemplates an iff inent project to widen the Pacific
Coast Highway in the City of Huntington Beach which will result in the
permanent loss of 0.8 acres of California least tern habitat and 1.6
acres of coastal dune habitat (the "Highway Project"); and
WHEREAS, the parties concur that offsetting habitat losses through the
creation of new habitat as close to the location of these losses to
best insure that the habitat losses will be compensated; and
UHEREAS, FWS, CDFG, and CALTRANS have identified a 17 acre parcel,
owned by CALTRANS (APN 114-160-63), within the City of Huntington
F_ Beach, County of Orange, California, shown as Area A on Exhibit "A",
attached hereto and incorporated herein by this reference (the "Site"),
or -
t as an appropriate location for creation of new habitat to offset the
habitat losses from the Highway Project; and
WHEREAS, pursuant to California Public Resources Code section 31000 It
I"., the CONSERVANCY is authorized to undertake projects for the
enhancement of resource areas within the Coastal Zone of the State of
California; and
F
WHEREAS, the Site is in the Coastal Zone; and
[WHEREAS, the CONSERVANCY has approved a project (the "Enhancement
Project") for the enhancement of the Site to create wildlife habitat by
restoring tidal influence, restoring dunes, maintaining and monitoring
the Site, and other actions as described in the Huntington wetlands
Enhancement Plan (the "Enhancement Plan"), a copy of which is attached
hereto as Exhibit B and incorporated herein by this reference; and
WHEREAS, the Enhancement Project will include the restoration of at
least 0.6 acres of open tidal water California least tern foraging
habitat and 1.6 acres of coastal dune habitat within the Site; and
WHEREAS, FWS, CDFG, CALTRANS, the HBWC, and the COUNCIL approve of the
Enhancement Plan and its implementation; and
WHEREAS, FWS, CDFG, HBWC, the COUNCIL, and CALYRANS have determined
that the HBWC is the most appropriate agency to oversee planning and
initial construction of the Enhancement Project and to carry out the
long-term management of the Enhancement Project.
NOW, THEREFORE, IT IS AGREED THAT:
1. CALTRANS shall deed the Site to the CONSERVANCY for habitat and
wetlands restoration by transferring possession and control (within the
meaning of Government Code Section 14673) of the Site to the
3
CONSERVANCY within thirty (30) days of the effective date of this
Agreement. The CONSERVANCY shall pay CALTRANS the fair market value of
the Site decreased by the percentage that 2.40 acres (0.8 acre
California least tern and 1.6 acre dune restoration required of
CALTRANS) bears to the total acreage transferred. The fair market
value shall be determined by a CALTRANS appraisal, subject to approval
by the Department of General Services.
Conveyance will be made by means of a Transfer of Control and
Possession Agreement which shall contain the following reversionary
clauses:
"CONDITION OF TRANSFER: It is expressly made a condition herein that
the transferred property be used exclusively for wetlands conservation
and enhancement, wildlife habitat, open space and/or flood control
purposes, that no commercial development be allowed on the property,
that the property not be subdivided or a portion only transferred, and
that the limitations on the property imposed by this Condition of
Transfer not be used to obtain development approval for other property
(for example, to provide mitigation or to meet land use requirements
for development on adjacent property). It is understood and agreed by
the Transferee, its successors or assigns, that if at any time all or
any part of the property ceases to be used for authorized purposes, the
Department of Transportation, or its successors agency, shall have the
power to terminate this transfer and reenter said property at which
time all right of possession and control to said property shall revert
r to the Department of Transportation or its successor agency. Prior to
exercising the power to terminate this transfer, the Department of
Transportation, or its successor agency, will provide the State Coastal
Conservancy with 120 days' written notice of intent to exercise this
termination power setting forth with particularity the unauthorized
purposes alleged upon which the exercise is to be based. If within
said 120 day period, reasonable action towards curing the unauthorized
use is not taken, the Department of Transportation, or its successor
agency, may exercise its power to terminate.
Said notice of intent to terminate shall be sent by certified mail to
the addresses below, or such substitute addresses as may be provided by
4
I
the State Coastal Conservancy, its successors or assigns, and notice
shall be deemed made on the third day after mailing;
State Coastal Conservancy
1330 Broadway, Suite 1100
Oakland, CA 94612
AND
Huntington Beach Wetlands Conservancy
P.O. Box 5903
Huntington Beach, CA 92615
AND
Director, Department of Fish & Game
1416 9th Street
Sacramento, CA 95814
At the time the Department of Transportation, or its successor agency,
takes possession and control of the property as herein provided, it
shall refund to the State Coastal Conservancy the $79,600.00 paid
hereunder, without payment of any interest thereon; further, said
reentry and repossession shall be obtained without payment, in any sum,
for any monies expended or obligated, by the State Coastal Conservancy,
as costs, expenses or fees in the improvement of the land, including
but not limited to architectural fees, plans, specifications,
estimates, improvements, or other costs or expenses.
If the Department of Transportation, or its successor agency, exercises
its power to terminate this transfer and reenters said property, the
State Coastal Conservancy may remove any improvements it has added to
the land within a reasonable time after reentry and repossession, not
exceeding 120 days unless allowed by the Department of Transportation,
: or its successor agency. If the State Coastal Conservancy does not
remove any such improvements at the time the Department of
Transportation, or its successor agency, takes possession and control,
or as provided herein, said improvements shall revert and become the =
property of the Department of Transportation, or its successor agency,
to dispose of as it sees fit."
2. The CONSERVANCY agrees to arrange for the planning and construction
of the Enhancement Project and the Huntington Beach Wetland Conservancy
agrees to carry out the Enhancement Project including management,
operation and maintenance, and monitoring of the Enhancement Project
(hereafter referred to as "Management") for the life of the Highway
5
M
Project. The planning, construction, and Management of the Enhancement
Project shall be carried out in accordance with the Enhancement Plan.
3. The HBWC and the CONSERVANCY shall be responsible for obtaining all
permits and approvals necessary for construction of the Enhancement
Project. FWS, CDFG, CALTRANS and the COUNCIL shall cooperate with the
HBWC and the CONSERVANCY in supporting applications for such permits
and approvals.
4. CALTRANS shall pay all costs necessary to fulfill its mitigation
obligation to the CONSERVANCY within thirty days (30) of the effective
date of this Agreement, except for planning, engineering, and operation
and maintenance costs which shall be paid directly to the HBWC. These
costs are described in Exhibit 'C* and include $3,680 for creating 0.8
acres of open water, $79,500 for replacing 1.6 acres of sand dune,
$2,986 for monitoring, and 21,581 for planning, engineering, and
operation and maintenance for the 2.40 acres of Project mitigation,
j6;. $20,795 for project administration and contingency allowance, and
$14,392 for land acquisition.
t
S. FWS and CDFG concur that payment by CALTRANS of its share of
Construction and Management Costs for the Enhancement Project at the
Site as provided herein, in conjunction with CONSERVANCY'S commitment
to implement the Enhancement Project as provided in Paragraph 2, above,
will fulfill CALTRANS' obligations to mitigate the lost habitat as
reported in the Final Environmental Impact Statement/Report, prepared
6
IN
by CALTRANS, for the Pacific Coast Highway Widening Project (State
Clearinghouse # 80121150).
6. The CONSERVANCY and the HBWC agrees that the construction of the
Enhancement Project will be scheduled and conducted so as not to incur
significant habitat loss or degradation on the Site and so as not to
adversely impact any State or Federal endangered species which utilizes
the Site, including the California Least Tern.
7. FWS, CDFG and the COUNCIL agree to the modification of the Site as
described in the Enhancement Plan, including Management activities
consistent therewith.
S. Construction of the Enhancement Project shall begin before the
construction of the Highway Project and the Enhancement Project shall
be completed before the Highway Project.
g. This Agreement shall remain valid for the life of the Highway
Project, unless earlier rescinded by written consent of all parties.
this Agreement may be amended by written agreement of all parties.
10. It is acknowledged that portions of the Enhancement Plan may not
precisely reflect actual on -site conditions. In the event that on -
site conditions diverge from those anticipated in the Enhancement Plan,
the CONSERVANCY may modify the Enhancement Plan to account for -those
changed conditions.
7
M
ILK
11. This Agreement is Binding for the specific Highway Project
described herein and only if all required permits and approvals are
received by CALTRANS and the CONSERVANCY.
THIS AGREEMENT SHALL BE IN FULL FORCE AND EFFECT FROM THE HATE WICH
ALL PARTICIPANTS HAVE SIGNIFIED AGREEMENT BY SIGNATURE OF THE
DESIGNATED REPRESENTATIVE.
8
THE STATE COASTAL CONSERVANCY
The Resources Agency of California
By: � __
Petimt-GrenAl-
Executive Officer
THE HUNTINGTON BEACH WETLANDS CONSERVANCY
A California Non -Profit Corporation
Dat
By;C.
&Z-J9��
Gary jGorman Date
President
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
By: . fX 7
41Leo J. Trombatore Date
V Director
THE CITY OF HUNTINGT N BEACH, APPROVED AS 0 FORM:
ac throu h i City Council
C y Att ney
: - '//•2 -82
Jack elly ATT# Date
V X.
By:
Ma,for, C' Hunt ngton Beach -
A M. WE 'C. ITY CLEnn
B�:
H AND WILDLIFE SERVICE, -
Department of Interior
THE DEPARTMENT OF FISH AND GAME,
The Resources Agency of California
By:
a er I-'. bontadelli
Director
w.
ahvAn
Date
3- U
Date
9
. 11
EXHIBIT A
SITE LOCATION
10
AP'W: 114-160-63
AMRC// 1951
BAmme )•RACY
, Jr•+•i N
NOTE - ASSMOA'S 8L�9 , •1SSESSJ°'S M 1'
Pz°L'E[ NUMSEQS -.7 BCcar
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EXHIBIT B
HUNTINGTON BEACH WETLANDS ENHANCEMENT PLAN
12
EXHIBIT C
MITIGATION COSTS
13
CALTRANS 'MITIGATION COSTS
1. Enhancement (0.8 acres)
Excavate New Channels ...................... $ 2,552
Site Prep. & Planting ...................... ; 1,128
Subtotal $ 3,680
2. Sand Dune Creation (1.6 acres)
Excavate & Import Sand ...................... $ 501000
Planting & Irrigation 29 500
Subtotal $ 79.500
Total Enhancement Costs $ 83,180
3. Plans, Specs., & Engineering ................ S 16,636
(20% of Items 1 & 2)
4. Contingency Allowance ..................... $ 12,477
(15% of Items 1 & 2)
5. Project Administration ..................... $ 8,318
6. Monitoring (2.40 acres) ..................... S 2,986
7. Maintenance (2.40 acres) ..................... $ 4,945
S. Land Costs (2.40 acres) 14,392
TOTAL MITIGATION COSTS $142,934
14