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Home My WebLink AboutRESOLUTION 2007-15 - AUTHORIZING SALE OF WATER OUTSIDE THE C 4 Council/Agency Meeting Held: Deferred/Continued to: *Approved ❑ Conditionally Approved ❑ Denied City Vrrs Vgnatu 7 ZI) V Council Meeting Date: 2/20/2007 Department ID Number: PW 07-011 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONO AB E M�D COUNCILMEMBERS SUBMITTED BY: PE LOPE ULBRETH-GRAFT, PA, CITY ADMINISTRATOR PREPARED BY:40BERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC WOR SUBJECT: Adopt Resolution Authorizing Sale of Water Outside the City Limits for California State Lands Commission Facilities Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The California State Lands Commission (CSLC) has requested water service from the City of Huntington Beach for facilities outside the City Limits. Section 14.16.180 of the Municipal Code requires a City Council resolution before water can be served outside the City Limits. The CSLC has requested a waiver of the City plan check fee as the project has public benefit. Funding Source: 1. The cost of providing water service is recouped through the monthly municipal services billing process. 2. Plan check revenue of approximately $5,600 to the Water Fund will be waived. Recommended Action: Motion to: 1. Adopt Resolution No. 2007-15 , a resolution of the City Council of the City of Huntington Beach providing for the sale of water outside the City Limits; and 2. Approve the waiver of plan check fees for the review of the waterline plans. Alternative Action(s): Do not adopt the resolution and instruct staff on how to proceed. Do not waive the plan check fees. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 2/20/2007 DEPARTMENT ID NUMBER: PW 07-011 Analysis: Ordinance 3754 was introduced at the October 16, 2006, City Council meeting and was subsequently adopted at the November 6, 2006, meeting. The ordinance amended Section 14.16.180 of the Municipal Code, which originally stated that it was unlawful for the City to sell water to consumers outside the City unless the City Council shall by resolution determine that a surplus of water exists in excess of that required by the inhabitants of the City. The amendment provided Council the ability by resolution, but without declaration of surplus water, to serve water outside the City Limits when such water service will enhance the health or safety of the public during the use of public property such as a public park, beach, or other facility owned or operated by a public agency. On December 4, 2006, and December 7, 2006, the City received the attached requests from the California State Lands Commission for water service to two public facility sites: (1) the Bolsa Chica Lowlands Restoration Project (Project) office facility to be located at the southern end of Graham Street and (2) the existing Bolsa Chica Ecological Reserve interpretive center site at 3842 Warner Avenue. The request for the interpretive center site is made on behalf of the California Department of Fish and Game (CDFG) and the Bolsa Chica Conservancy (BCC). The CDFG has a long-term public agency lease with the Lands Commission for management of the reserve and the BCC has a lease for the operation and maintenance of the interpretive center, which does not currently have water service. Site maps are attached for reference. Water use for both sites will be confined to indoor use, primarily for restroom facilities. Costs to the City for providing water are recouped through the monthly municipal services billing. In a letter dated December 27, 2006, the project coordinator requested the plan check fees for water and sewer for the Project be waived. The BCC is an educational and environmental organization. The City Council retains the authority to waive such fees for a public agency, when the project is providing public benefit. As the plan check requirements are minimal, staff recommends the plan check fees be waived. Public Works Commission Action: Not required Environmental Status: Not applicable. -2- 2/5/2007 3:47 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 2/20/2007 DEPARTMENT ID NUMBER: PW 07-011 City Clerk's Page Number No. Description 1. Resolution No2007-15a resolution of the City Council of the City of Huntington Beach providing for the sale of water outside the City Limits;, 2. Correspondence from the California State Lands Commission dated December 4, 2006 and December 7, 2006, requesting water service to the Bolsa Chica Ecological Reserve Interpretive Center 3. Site Maps 4. Correspondence from California State Lands Commission dated December 27, 2006, requesting waiver of plan check fees -3- 2/5/2007 10:32 AM ATTACHMENT # 1 RESOLUTION NO. 2007-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE SALE OF WATER OUTSIDE THE CITY LIMITS WHEREAS, the Huntington Beach Municipal Code provides that it is unlawful for the City Water Department to sell water to consumers outside the City, or to allow any consumer outside the City to use any water furnished by the City system unless the City Council shall by resolution determine and declare as follows: a)that a surplus of water exists in excess of that required by the inhabitants of the City; or b)that the sale or use of water outside the City will enhance the health or safety of the public during the use of public property such as a public park, beach, or other facility owned or operated by a public agency; and The California State Lands Commission has requested that the City provide water service to certain real property owned by the State of California and generally located within the Bolsa Chica Ecological Reserve; and The City desires to provide such water service, NOW, THEREFORE, the City Council of the City of Huntington Beach hereby resolves as follows: 1. That the sale or use of water outside the City to the Bolsa Chica Ecological Reserve interpretive center and the Bolsa Chica Lowlands Restoration Project office facility will enhance the health or safety of the public during the use of public property such as a public park, beach, or other facility owned or operated by a public agency, and such sale or use of water outside the City is hereby authorized and approved. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of February , 2007. ?! i iA s, t yor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Adhiinistrator ty Attorney INITIATE AND APPROVED: Director of Public Works Q 06-766/7768 Res. No. 2007-15 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 an regular meeting thereof held on the 20th day of February, 2007 by the following vote: AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy NOES: None ABSENT: None ABSTAIN: None City lerk and ex-officio CVrk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor CALIFORNIA STATE EXECUTIVE OFFICE LANDS COMMISSION 100 Howe Avenue, Suite 100-South ^, Sacramento, CA 95825-8202 CRUZ M. BUSTAMANTE, Lieutenant Governor V_ PAUL D. THAYER, Executive Officer STEVE WESTLY, Controller (916) 574-1800 Fax (916) 574-1810 MICHAEL C. GENEST, Director of Finance - California Relay Service TDD Phone 1 800 735 2929 Voice Phone 1-800-735-2922 916 574-1396 9 December 4, 2006 .1 r� o� Dr. Penny Culbreth-Graft Dl City Administrator -- City of Huntington Beach 9EPI nu P:�3I'�' `,''nP, 2000 Main Street — I Huntington Beach, CA 92648 Request for Water Service Dear Dr. Culbreth-Graft, On behalf of the Bolsa Chica Lowlands Restoration Project, the State Lands Commission requests the City provide water service to the Project office facility. This facility is to be located at the end of Graham Street. We understand the City Council has authorized water service to this location as a public service operation. The office will be the headquarters for the long-term operation & management of the restored wetlands. Buildings are expected to be moved onto the site in January 2007. Arrangements are also being made to obtain power and telephone/data service to the site. Should you need additional information, I can reached by at 916 574-1396 or e-mail troutiC�slc.ca.gov. 'ncerely, Parries F. Trout Project Coordinator Cc, Bob Beardsley STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA STATE LANDS COMMISSION PAUL D.THAYER, Executive Officer 100 Howe Avenue, Suite 100-South ;;,,, (916) 574-1800 FAX(916) 574-1810 ;> Sacramento, CA 95825-8202 ; "='<:: Relay Service From TDD Phone 1-800-735-2929 from Voice Phone 1-800-735-2922 Contact Phone: (916) 574-1868 Contact FAX: (916)574-1836 December 7, 2006 File Ref: W 26183 - PRC 8685.9 Mr. Dave Webb Deputy Director a'r Department of Public Works City of Huntington Beach D � DEC 1 2 2006 2000 Main Street Huntington Beach, CA 92648 DEBT OF t'i)'�L{C ��IORKS 3 Dear Mr. Webb: On behalf of the California Department of Fish and Game (CDFG) and the Bolsa Chica Conservancy (BCC), the State Lands Commission requests the City provide water and sewer service to the Bolsa Chica Ecological Reserve interpretive center site at 3842 Warner Avenue. We understand the City Council has authorized water service to this location as a public service operation. The CDFG has a long-term public agency lease with the Commission for the management of the Ecological Reserve, soon to be expanded to include the Bolsa Chica Lowlands Restoration Project, and the BCC has a lease from the Commission for operation and maintenance of the interpretive center on a portion of the Bolsa Chica Ecological Reserve. I am currently working with Mr. Joe Dale concerning the City's application for a lease from the California State Lands Commission for a portion of the proposed Warner Avenue Sewer Project located within the Commission's jurisdiction. Please contact me if you require additional information about this request. I can be reached at (916) 574-1868, or by email at browni ,slc.ca.gov. Sincerely, RECEIVED j .DEPT.OF PUBLIC WORD DEC 13 Z006 6yB UTILITIES DIVISION Management Specialist HUNTINGTON BEACH,CA cc: Joe Dale, City of Huntington Beach, Public Works Terri Stewart, CDFG Grace Adams, BCC James Trout, CSLC ATTACHMENT #3 w,. a- c 2 a r — m r :. e. r V — k. 5r u" i a F ! Ig t Bolsa Chica Lowlands STREET NAMES Restoration Project d Map produced by information contained in the City of �L'; 5 Huntington Beach Information Services Department ; Geographic Information System.Information warranted for n City use only.Huntington Beach does not guarantee its a completeness or accuracy. Map Produced on 1/22/2007 N Ev W(P E HL-0101, F tl (5i 0 225 450 One inch equals 225 feet 5 SV 4V a'ii X� y' ax� f `Ili�l �'kwr•r �� }�'M ik.. 3 � b b } g y A i � l j E'• ray � M4 i ii .: Bolsa Chica STREET NAMES Interpretive Center Map produced by information contained in the City of 6 7 Huntington Beach Information Services Department _ Geographic Information System.Information warranted for City use only.Huntington Beach does not guarantee its x s _ completeness or accuracy. I x, Map Produced on 1/22/2007 N < HL0011, W g 9 a T g 0 83 166 Ii One inch equals 83 feet , ATTAC H M E N T #4 STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor CALIFORNIA STATE EXECUTIVE OFFICE LANDS COMMISSION y 100 Howe Avenue, Suite 100-South q� Sacramento, CA 95825-8202 CRUZ M. BUSTAMANTE, Lieutenant Governor PAUL D. THAYER, Executive Officer STEVE WESTLY, Controller (916) 574-1800 Fax (916) 574-1810 MICHAEL C. GENEST, Director of Finance California Relay Service TDD Phone 1-800-735-2929 Voice Phone 1-800-735-2922 916 574-1396 December 27, 2006 Mr. Robert F. Beardsley Director Department of Public Works City of Huntington Beach P. O. Box 190 Huntington Beach, CA 92648 Subject: Bolsa Chica Lowlands Restoration Project Dear Director Beardsley, In a few days the State lands Commission, through engineering consultant Moffatt & Nichol, will submit for plan check a design for utility services to the State-owned administrative site at the end of Graham Street. We ask that the plan check fees be waived. The Lowlands are a public benefit and will be an asset for the City as a site of interest. We also request that plan check fees be waived for the design of water and sewer connections at the State-owned site leased to the Bolsa Chica Conservancy when such plans are submitted. The Conservancy is an educational and environmental organization. Thank you for consideration of our request. erely, ames F. Trout Project Coordinator Cc: David Webb, Cry Kevin Reyes, M&N Grace Adams, BC Conservancy RCA ROUTING SHEET 3 t INITIATING DEPARTMENT: Public Works SUBJECT' Adopt resolution authorizing sale of water outside City limits for Lands Commission Facilities COUNCIL MEETING DATE: February 20,2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable Resolution (w/exhibits& legislative draft if applicable) Attached Not Applicable ` Tract Map, Location Map and/or other Exhibits Attached Not Applicable Contract/Agreement(w/exhibits if applicable) NAttacch d Lj Apcable (Signed in full by the City Attome Subleases, Third Party Agreements, etc. Attached (Approved as to form by City Aftomey Not Applicable Certificates of Insurance (Approved by the City AHomey) Attached i Not Applicable is Fiscal Impact Statement(Unbudgeted, over$5,000) Attached Not Applicable Bonds (If applicable) Attached Not Applicable Staff Report(If applicable) Attached Lj Not Applicable Commission, Board or Committee Report(if applicable) Attached Li Not Applicable Findings/Conditions for Approval and/or Denial Attached Li Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Deputy City Administrator(Initial) City Administrator initial City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use i RCA Author: Ken Dills,ext.5055 I I i