REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, Acting City Manager
VIA: Chau Vu, Director of Public Works
PREPARED BY: Jacob Aube, Senior Civil Engineer
Subject:
title
Approve License Agreement and Project Specific Maintenance Agreement for the Pelican Harbor Senior Apartments Project at 18431 Beach Boulevard
body
Statement of Issue:
A License Agreement between the City and Beach Housing Partners, L.P. (Jamboree Housing, the project developer), and a Project Specific Maintenance Agreement between the City and the State of California (Caltrans), are presented for City Council approval and execution for the Pelican Harbor Senior Apartments project at 18431 Beach Boulevard (near intersection with Ellis Avenue, as shown in Attachment 1).
Financial Impact:
No funding is required for this action.
Recommended Action:
recommendation
A) Approve and authorize the Mayor and City Clerk to execute the License Agreement between the City of Huntington Beach and Beach Housing Partners, L.P. (Jamboree Housing, the project developer), to provide maintenance of improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the Pelican Harbor Senior Apartments project (Attachment 2), and instruct the City Clerk to record the agreement with the Orange County Recorder; and,
B) Approve and authorize the Mayor and City Clerk to execute the Project Specific Maintenance Agreement between the City of Huntington Beach and State of California (Caltrans) for improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the Pelican Harbor Senior Apartments project (Attachment 3).
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Alternative Action(s):
Do not approve, and direct staff accordingly.
Analysis:
The Pelican Harbor Senior Apartments project is located at 18431 Beach Boulevard, near the intersection with Ellis Avenue. The project’s development requirements included the maintenance responsibilities of hardscape and street lighting improvements within State Route 39 along the project frontage. To document this responsibility, the project developer is required to execute a License Agreement for all hardscape and street lighting within State Route 39 Right-of-Way. This agreement also addresses sidewalk cleaning, disposal of trash, and all other aspects of maintenance.
The California Department of Transportation (Caltrans), the owner of State Route 39 Right-of-Way, will only enter into maintenance agreements with governmental agencies, not private developers. Consequently, there are two agreements necessary to adequately address maintenance responsibility. The Project Specific Maintenance Agreement between the City and State of California passes maintenance responsibilities from Caltrans to the City, and the License Agreement between the City and Beach Housing Partners, L.P. (Jamboree Housing), passes maintenance responsibilities from the City to the developer. It is also Caltrans’ policy to sign the agreement after the City has signed, therefore the Project Specific Maintenance Agreement is provided approved as to form but without Caltrans’ signatures.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Location Map of Pelican Harbor Senior Apartments Project
2. License Agreement between the City of Huntington Beach and Beach Housing Partners, L.P., to Provide Installation and Maintenance of Improvements in the Public Right-of-Way
3. Project Specific Maintenance Agreement with City of Huntington Beach
4. Presentation