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HomeMy WebLinkAboutResolution 2013-04 - Sale of water outside city limits to Boft Dept. ID PW 13-007-Page 1 of 2 Meeting Date: 2/4/2013 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL. ACTION MEETING DATE: 2/4/2013 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: Adopt Resolution No. 2013-04 authorizing the sale of water outside the City limits to the Bolsa Chica Land Trust (BCLT); and, approve waiver of encroachment permit fee Statement of Issue: The Bolsa Chica Land Trust has requested water service for a project to restore native vegetation in the Bolsa Chica wetlands, which is located outside of the City limits. Section 14.16.80 of the Municipal Code requires a City Council resolution before water can be served outside the City Limits. The Land Trust has also requested a waiver of the City's encroachment fee. Financial lmpacf: Waiver of the encroachment permit fee would result in a loss of revenue of either $450 for a two- inch meter or $1,428 for a four -inch meter. The size of the meter has not been determined as of yet. Recommended Action: A) Adopt Resolution No. 2013-04, "A Resolution of the City Council of the City of Huntington Beach Providing for the Sale of Water Outside the City Limits to the Bolsa Chica Land Trust;" and, B) Approve waiver of encroachment permit fee. Alternative Action(s): Do not adopt Resolution No. 2013-04 and direct staff accordingly. Do not waive encroachment permit fee. Analysis: Section 14.16.180 of the Municipal Code states: "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." The City received a request from the Bolsa Chica Land Trust requesting water service proximate to the intersection of Warner Avenue and Brightwater to restore native vegetation to approximately Item 7. - 1 HB -172- Dept. ID PW 13-007-Page 2 of 2 Meeting Date: 2/4/2013 100 acres. Although this property is proximate to the City, it is not within City limits and therefore, the sale of water to service this parcel requires a resolution of the City Council. This water will be used primarily for irrigation to restore native vegetation, thereby providing a health benefit to a public property. The property is owned by the State of California. The Municipal Code allows the City Council to permit by resolution the sale of water for purposes of enhancing the health of safety of public property. The Land Trust will be responsible for construction of the water line. The City has previously granted requests to provide water to Bolsa Chica. In December 2006, the City Council approved two requests from the California State Lands Commission for water service to two public facility sites: (1) the Bolsa Chica Lowlands Restoration Project office facility located at the southern end of Graham Street and (2) the Bolsa Chica Ecological Reserve interpretive center site at 3842 Warner Avenue. The request for the interpretive center site was made on behalf of the California Department of Fish and Game and the Bolsa Chica Conservancy. Public Works Commission Action: Not required Environmental Status: Not Applicable Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Resolution No. 2013-04, "A Resolution of the City Council of the City of Huntington Beach Providing for the Sale of Water Outside the City Limits to the Bolsa Chica Land Trust." HB -173- Item 7• - 2 Item 7. - 3 HB -174- RESOLUTION NO. 2013-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE SALE OF WATER OUTSIDE THE CITY LIMITS TO THE BOLSA CHICA LAND TRUST WHEREAS, Huntington Beach Municipal Code Section 14.16.180 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 Bolsa Chica Land Trust has requested that the City provide water service to certain real property owned by the State of California generally located outside the City limits; 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 of water to the Bolsa Chica Land Trust outside the City limits to restore native vegetation to certain real property owned by the State of California will enhance the health or safety of the public during the use of public property owned by a public agency, and such sale or use of water outside the City limits 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 4th day of , 2013_. ayor REk D APPROVED: INITIATED AND APPROVED: e _ _ Clger CDirector of Public Wo s APPROVED AS TO FORM: l� �c ity Attorney 12-3596.001/89427 Res. No. 2013-04 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 February 4, 2013 by the following vote: AYES: Sullivan, Hardy, Harper, Boardman ,Carchio, Shaw, Katapodis NOES: None ABSENT: None ABSTAIN: None -Q"04.) e5 dUyClerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California