HomeMy WebLinkAboutRecommendation from Bolsa Chica Subcommittee - Huntington Be Z 41,
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CITY OF HUNTINGTON BEACK,
CityCouncil Interoffice Communication ( .,` _ ,�
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'To: Honorable Mayor Pro Tern and City Council Members
From: Connie Boardman, Mayor*
Date: August 11, 2003
Subject: H-ITEM FOR AUGUST 18, 2003, CITY COUNCIL MEETING—
LITTLE SHELL WETLAND SITE
STATEMENT OF ISSUE:
The Redevelopment Agency currently owns the one-acre parcel of land known'as Little
Shell, plus a buffer area around the wetland. The Huntington Beach Wetlands
Conservancy has responsibility for the interim maintenance and management of the
wetland under an agreement with the Agency. In the past, the Redevelopment Agency
directed staff to try to sell the wetland to a third party that could use it for mitigation
credit. Staff has explored the possibility of selling the wetland to a third party with no
success (see attached memo for more background). Neither the City nor the Agency is
in the position to maintain the wetland. There is currently a conservation easement on
this property.
The Huntington Beach Wetlands Conservancy has expressed an interest in being the
party to which the Agency could convey the wetland to, or to enter into a license
agreement with to maintain the wetland area. Please see the attached memo for
information from staff on these alternatives. Since past action by the Agency has been
to attempt to sell the wetland for mitigation credit, Agency action is needed to move
forward in this alternative direction.
RECOMMENDED ACTION:
Direct staff to prepare an agreement with the Huntington Beach Wetlands Conservancy
under which the Conservancy will either be granted title to the wetland in exchange for
the restoration and perpetual maintenance of the area, or enter into a license
agreement with the Huntington Beach Wetlands Conservancy for the restoration
operation and maintenance of the area.
xc: Ray Silver, City Administrator
Bill Workman, Asst. City Administrator
Clay Martin, Director of Administrative Services
Connie Brockway, City Clerk
Jennifer McGrath, City Attorney
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° B CITY OF HUNTINGTON BEACH
InterOffice Communication
`' Economic Development Department
TO: Ray Silver, City Administrator
FROM: David C. Biggs, Director of Economic Development
Robert Beardsley, Director of Public Works
DATE: August 11, 2003
SUBJECT: Waterfront Site Degraded Wetlands
The purpose of this memorandum is to outline a possible scenario for the disposition of
the degraded wetlands on the Waterfront site. It will also address the longer-term
management issues with the related Buffer area.
Background
The Redevelopment Agency currently holds title to an approximately 1-acre parcel of
land known as the Waterfront Degraded Wetlands. There is a conservation easement
recorded on this irregularly shaped parcel. The Huntington Beach Wetlands Conservancy
has responsibility for the interim maintenance and management of this Degraded
Wetlands under an agreement with the Redevelopment Agency. Prior Redevelopment
Agency direction has been for staff to endeavor to sell this parcel to a third party which
may utilize it for mitigation credit. Ultimately, the Redevelopment Agency would like to
see this degraded wetlands restored by a third party purchaser or another party. Neither
the City nor the Redevelopment Agency is in the position to ultimately own or operate
wetlands.
The City currently holds title to an approximately 2.45 acre parcel surrounding the
Degraded wetlands which is designed to be a buffer for the Degraded Wetlands and will
be used for an urban run-off treatment system. The improvements to the Buffer Parcel are
being made by the developers of the adjacent Waterfront residential community. The
developer anticipates starting its work on the improvements to the Buffer Parcel in
August or September. There may be some opportunity to facilitate the removal of the
invasive, non-native species from the Degraded Wetlands in association with the
developer work on the Buffer Parcel. However, timing is an issue. Once these
improvements are completed and turned over to the City, the City or a third party
contractor will use funds provided by the developer to maintain this area.
• •
The homeowners association for the Waterfront Residential will be responsible for
providing annual funding to the City for the maintenance of the Buffer Parcel. The Pubic
Works Department anticipated having a third party maintain this area and prefer that the
City continue to own the Buffer Parcel.
Current Status/Issues
Staff in Economic Development and Public Works have explored the possibility of
selling the Degraded Wetlands to a third party agency for mitigation credit. The Port of
Long Beach, California Coastal Conservancy, and CalTrans have all been contacted. We
have determined that while degraded wetlands can sell for anywhere between $33,000 to
$150,000 per acre given its mitigation value, this small stand-alone parcel of 1 acre with
little mitigation value is not likely to be of interest to any of these prospective purchasers.
Redevelopment law permits the Redevelopment Agency to sell or convey a parcel for
purposes of redevelopment, and wetlands restoration would be considered
redevelopment. The Agency can select a purchaser and convey the property for no
consideration in exchange for a commitment to restore and maintain the Degraded
Wetlands. The Redevelopment Agency would need to conduct a public hearing at which
it would approve this conveyance pursuant to Heath& Safety Code Section 33431.
Another alternative for the Degraded Wetlands would be for it to be conveyed by the
Redevelopment Agency to the City. The City would then retain fee ownership and could
license the use of the parcel to a third party for restoration, operation and maintenance.
This option could also allow the City to have a wetlands parcel which could be used in
the future for mitigation credit for a local project if necessary.
The City is not able to convey the Buffer Parcel without declaring it surplus and
following the surplus property procedure. With the encumbrance represented by the
water quality system and associated issues, the City may be unable to make the findings
to declare the property surplus. In addition, there has been an easement granted for the
acceptance of the adjacent residential community's storm water onto this parcel and into
the water quality system. Also, it is unclear if the terms under which the property was
dedicated to the City would preclude its sale as well. Also, the surplus property
procedures would not necessarily result in the property being purchased by the same
party as the Degraded Wetlands.
As such, the Public Works Department is recommending that the City maintain
ownership of the Buffer Parcel. Elements of the Buffer Parcel maintenance related to the
water quality system may be best performed directly by the City. However, we would
propose that the City enter into a License Agreement with a third-party for partial
maintenance of the Buffer Parcel with terms that the third party would operate the Buffer
Area. This would include a provision whereby a portion of the funds from the Waterfront
Residential would be passed through to the third party for use in the maintenance of only
the Buffer Parcel.
The third party entity to which the Degraded Wetlands would be conveyed or licensed
and the Buffer Parcel licensed could be the same entity. This would simplify oversight of
the Degraded Wetlands and the Buffer Parcel improvements as a single system. In
addition, access to the Degraded Wetlands is best taken from the Buffer Parcel.
The Huntington Beach Wetlands Conservancy, which is the interim manager of the
Degraded Wetlands, has expressed an interest in being the third—party entity to which the
Degraded Wetlands is conveyed or licensed and the licensee for the Buffer Parcel. In
addition, this local 501(c)3 non-profit corporation has acquired and restored other
wetlands in Huntington Beach.
Recommendations
Since there is little likelihood that the Redevelopment Agency will be able to sell the
Degraded Wetlands the following recommendation will facilitate the ultimate restoration
of the Degraded Wetlands in a timely manner:
Degraded Wetlands Parcel—
• The Redevelopment Agency will convey the parcel to the City and the City will
then enter into a License Agreement with the Huntington Beach Wetlands
Conservancy for the restoration, operation and maintenance of the area, or
Alternatively,
• The Redevelopment Agency will prepare an Agreement with the Huntington
Beach Wetlands Conservancy under which the Conservancy will be granted title
to the Degraded Wetlands in exchange for the restoration and perpetual
maintenance of the area.
Buffer Parcel
• The City will prepare a License Agreement with the Huntington Beach Wetlands
Conservancy for the Buffer Parcel which will also require the Wetlands
Conservancy to maintain the Buffer Parcel as the City's authorized agent under
the terms of the Buffer Area Maintenance Agreement with Mayer Financial, LP.
Prior to us pursuing these alternatives related to the Degraded Wetlands and the Buffer
Parcel, it would be appropriate for the City Council/Redevelopment Agency Board to
provide direction to staff to no longer pursue the sale of the Degraded Wetlands to a third
party for mitigation credit. Please feel free to contact either of us if you require any
additional information.
DCB
xc: Dave Webb, City Engineer
Howard Zelefsky, Director of Planning
Attachments:
l. Parcel Map
2. Open Space/Wetland Preservation and Restoration Deed Restriction
3. Buffer Area Maintenance Reimbursement Agreement
4. Storm Water Acceptance Easement
5. License Agreement for Lot AA- Degraded Wetlands
H
CITE( OF HUNTINGTON BEACH
City Council Communication
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TO: Honorable Mayor and City Council Members
FROM: Shirley Dettloff, Council Member
DATE: February 14, 2001
SUBJECT: BOLSA CHICA,SUBCOMMITTEE
As Chair of the Bolsa Chica Subcommittee, I hereby request that the City Council
consider the following motion as a recommendation from the Bolsa Chica
Subcommittee:
Motion to: "Accept the Huntington Beach Wetlands Conservancy as the
manager of the degraded wetlands at Beach Boulevard and Pacific Coast
Highway."
Attachment
c: Ray Silver, City Administrator
Connie Brockway, City Clerk
Howard Zelefsky, Planning Director
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- a CITY OF HUNTINGTON BEACH
Inter Office Communication
Planning Department
TO: Honorable Mayor and City Council Members
VIA: Ray Silver, City Administrator
FROM: Howard Zelefsky, Director of Planning /—/
DATE: February 9, 2001
SUBJECT: BOLSA CHICA SUBCOMMITTEE
On February 9, 2001, the Bolsa Chica Subcommittee met to discuss and recommend a
conservation organization to manage the degraded wetlands in the general vicinity of Beach
Boulevard and Pacific Coast Highway. The Subcommittee heard presentations from three
organizations interested in managing the wetlands:
• Bolsa Chica Conservancy represented by their executive director, Adrienne Morrison
• Huntington Beach Wetlands Conservancy represented by Gary Gorman
• Coast Watchers represented by Dr. Victor Leipzig
The Subcommittee also heard testimony from Kim Kilpin representing the Bolsa Chica Stewards
volunteering to assist the selected organization. After receiving public testimony, the Bolsa
Chica Subcommittee will be recommending to the City Council that Huntington Beach Wetlands
Conservancy be chosen to manage the degraded wetlands.
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WETLANDS CONSERVANCY
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HUNTINGTON BEACH P.O. Box 5903
WETLANDS CONSERVANCY Huntington Beach, CA 92615
A Nonorofit Corporation (714) 963-2123
February 10, 2001
The HUNTINGTON BEACH WETLANDS CONSERVANCY is a California non-profit
organization, incorporated in 1985 to acquire, restore and manage coastal wetlands in the Orange
County coastal zone. The organization is managed by an Operations Coordinator who reports to a
seven - member Board of Directors.
The Conservancy's first project was the restoration of the 25 acre TALBERT MARSH, located
along the inland side of Pacific Coast Highway between Brookhurst St, and the Santa Ana River
in Huntington Beach. The Conservancy received a grant from the California State Coastal
Conservancy in 1987 to prepare an enhancement plan for the marsh. After completing the plan,
obtaining a second grant from the State and entering into an agreement with the Orange County
Flood Control District the restoration was began in 1988 and completed in April 1989.
In 1998 the Conservancy entered into a contract with the University of California Regents to
manage the restoration of 46 acres of the San Joaquin Reserve, located near the UC Irvine
campus. This project was completed in May 1999. The University is planning the restoration of
the remaining 156 acres and has indicated a desire to use the Wetlands Conservancy to manage
the project.
Management of the TALBERT MARSH is accomplished largely through the use of volunteers.
Activities include, repairing fences, installing& replacing signs, and removing trash& debris. For
larger projects, such as sediment removal, grants are obtained and the services of professional
contractors utilized. The Conservancy maintains one million($1,000,000.00) dollars of liability
insurance through the Chubb Insurance Co.
Since 1985 the Conservancy has worked towards its goal to acquire and restore the remaining
180 acres of the HB wetlands. Negotiations with property owners are underway for the purchase
of additional parcels.
C3
HUNTINGTON BEACH P.O. Box 5903
WETLANDS CONS ERVANCY Huntington Beach, CA 92615
A Nonprofit Corporation (714) 963-2123
Board of Directors - 2001
Chair - Dr. Gordon Smith Administrator, California State University
Vice Chair - Kristen Bender Biology Professor Cal State Long Beach
Secretary - Hon. William R. Weisman Judge, L.A. County
Treasurer - Lena Yee Hayashi Accountant
Member - Jim Robbins Retired aerospace worker
Member - Jerry Dominguez Area Manager, Southern California Edison
Member - Nancy Foster Homemaker
Operation Coordinator - Gary Gorman
C3
HUNTINGTON BEACH P.O. Box 5903
WETLANDS CONSERVANCY Huntington Beach, CA 92615
A Nonprofit Corporation (714) 963-2123
INCOME STATEMENT
January- 1. 1999 through December 31,2000
INCOME
Contracts
San Joaquin Reserve Grant $1,766,562.57
Talbert Marsh Grant 64,628.75
Total Contracts 1,831,191.32
Interest Income 3,769.27
Total Income $1,834,960.59
EXPENSES
San Joaquin Construction $1,703,680.40
San Joaquin Supplies 3,569.50
Talbert Marsh Projects 35,030.40
Telephone (combined) 4,385.05
Printing 1,197.50
OCRP Contribution 1,000.00
Insurance (combined) 940.00
Misc. 600.00
Postage 121.75
License& Permits 55.00
Supplies (TM) 30.48
Total Expenses 1,750,600.48
Net Income (Loss) $84,360.11
C3
HUNTINGTON BEACH P.O. Box 5903
WETLANDS CONSERVANCY Huntington Beach, CA 92615
A Nonprofit Corporation (714) 963-2123
BALANCESHEET
February-7,2001
ASSETS
Checking/Savings $ 1,656.45
Investments 48,646.76
Total Assets as of February 7, 2001 $50,303.21
THE
HUNTINGTON
- BEACH
WETLANDS
CONSERVANCY
.eyy .i► ,,nG N�WiAN��i�'taUn i�,�a ,�1
GREAT BLUE HERON H GTO ACH
+� 4'v 'l,daR C) COi'4SERVANCY
�:,� y; r
At one time, a richly ploduclive wetlands ecosystem
stretched from the western blLiffS ol�what is rutty C:'osta
STATEMENT OF PURPOSE K M Sa to the edge Of lr+e 1110S11 neon which Huntington
Leach was Iirst devoloped. FAtending miles inland,
The Huntington Beach Wetlands Conservancy is a / the wctJands hritvicicd arich h.+bitat frtr hundreds of
nonprofit corporation dedicated to the restoration Species of birds. lish and mammal~. Now, only 150
and preservation of our natural environment. This r• >,'., acres of that SyStcm n rr rcutins. and uut's infusions
goal is achieved through the acquisition and man- Pickleweed have dra+ttatically rcdu�iif the wildlife populations.
agement ol'coastal wetlands, education in the value (Salicornia virginica)
of'this fragile ecosystem, and the care and rehabili-
Cordgrass The Huntington Beach Wetlands C'onscrvancy was
tation of sick or injured native wildlife. (Spartina foliosa) formed by a group 0l'ritizc1tS t+ prescrvc the renutin-
ing I'ew welland acres in funtington Leach, and to
care for the. n +live wiidlilc which Suffer frLtnt the
effcetS of urhanir.ation. We would like you tojoin us.
HUNTINGTON BEACH WETLANDS CWNERVANCY
QUESTIONS AND ANSWERS
"What is the Huntington Beach Wetlands and federal agencies and property owners to acquire, "Why is the Conservancy involved in wildlife care?"
Conservancy?" restore and manage the coastal wetlands between the In 1990 a major oil spill off Huntington Beach result-
The Conservancy is a community-based group of Santa Ana River and Beach Boulevard in Huntington ed in the death of hundreds of birds that came in con-
private citizens working toward a common goal. We Beach. Initial funding came from state conservation tact with the oil. Many of these birds died because no
are organized as a non-profit corporation with a act funds administered by the State Coastal treatment and rehabilitation facility existed which was
Board of Directors that includes men and women Conservancy;we are seeking additional private funds able to quickly respond to this disaster.As a result,the
with diverse occupational and educational back- for future restoration--and management of wetlands Conservancy has broadened its original goals to
grounds. and for wildlife care. include caring for sick and injured native wildlife.
"Why was it organized?" "What was the Conservancy's first project?" "What is the Wetlands and Wildlife Care Center of
While protected from development by the Coastal The Conservancy's first project, depicted in the Orange County?"
Act of 1978, the Huntington Beach Wetlands cannot maps below, involved acquisition and restoration of The Wetlands and Wildlife Care Center of Orange
be made fully productive as a biological and educa- 25 acres of degraded wetlands between Brookhurst County is a project of the Conservancy designed to
tional resource without significant restoration work Street and the Santa Ana River. The project, which provide care and rehabilitation for sick, injured and
and ongoing management. We were formed in 1985 was completed in 1989 with the restoration of direct orphaned wildlife and to educate the public in the val-
to undertake those efforts. tidal access, incorporated improvement and realign- ues of coastal wetlands and wildlife protection.
ment of the existing flood control channel and the
"How does the Conservancy operate?" development of a coastal dune habitat area. "How does one join this organization or get more
As a non-profit corporation,we work with local,state information about the Huntington Beach Wetlands
�\ and the Wetlands and Wildlife Care Center?"
----) SANTA ANA Call us for more information or to join our organiza-
Cn tion. Also, arrangements can be made for a tour of
First Project:
it RIVER the wetlands.
The Talbert Marsh Y Huntington Beach Wetlands Conservancy,
° P.O. Box 5903
°
m Huntington Beach, CA 92615
PACIFIC COAST HIGHWAY (714)963-2123
Wi tlp"and Wildlife \t� /♦�
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.'he Huntington Beach
Talbert Marsh Restoration Project Wetlands Conservancy
Re-rstctblisbmei11 o1'7'0(11 ACCess
Frideiv. February 10, <<>89 A Community Based Non-Profit Organization
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77.9e site is borcic)reecl b),the 'Mlberl Channel, 13ruokbto;<I Street mid Pacific Coast Higbivcty.
Board of Directors In Cooperation with: Conceptual Plan by:
11i lip Williams\Associates
• Marilvil 1.Cavener • Orange Counts'Flood Control DisU'ict Saq Francisco.CA
• Gall Gorman • California Coastal Consen'dnc} Wellands Resuarch Associates. In(,.
• I.incla [[all • California Dcparunent of Transportation San Francisco,CA
Engineering by:
• George\'ictcn'Leipzig.Ph. ]). Cis} of[[untington Reach Rohcrt Rein.William Frost\Associates
In inc.CA
• Rohcrt 1'. \lanclic
Construction by:
• (ic)rClon W.Smith,Ph. I). Greg I.Ilarris Co. P.O.Box 2615 WETLANDS
CON BEACH
r (,r'_ •' (,•, Huntington Beach,CA 92615 WETLANDS CONSERVANCY
• William R.Weisman (714)963-2123 ANonprolitCorporalion