REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, City Manager
VIA: Ashley Wysocki, Director of Community & Library Services
PREPARED BY: Ashley Wysocki, Director of Community & Library Services
Subject:
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Approve Amendment No. 2 between the State of California, acting through the Department of Parks and Recreation, and the City of Huntington Beach for the Operating Agreement OA-40 for Bolsa Chica State Beach
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Statement of Issue:
The City of Huntington Beach (City) and the State of California, Department of Parks and Recreation (State Parks), currently operate under Operating Agreement OA 40 for the care, maintenance, and control of Bolsa Chica State Beach. The agreement is set to expire on December 1, 2026. To ensure uninterrupted operations and to allow both parties adequate time to negotiate a new long term operating agreement, State Parks has prepared Amendment No. 2, which extends the agreement term for two additional years, and incorporates newly required Generative Artificial Intelligence (GenAI) language. The City must approve and execute Amendment No. 2 to maintain continuity of operations and comply with updated State Parks administrative requirements. Upon approval of a new long-term agreement, Amendment No. 2 would expire.
Financial Impact:
There is no additional fiscal impact associated with approval of Amendment No. 2. The City will continue its obligation to cover costs of developing, maintaining, controlling, and operating Bolsa Chica State Beach consistent with the terms of the Operating Agreement.
Recommended Action:
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Authorize the Mayor to execute Amendment No. 2 to Operating Agreement OA-40 between the State of California, Department of Parks and Recreation, and the City of Huntington Beach and return Amendment No. 2 to State Parks for final processing.
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Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
Operating Agreement OA 40 between the City and State Parks was originally executed on December 1, 1986, to facilitate the City’s care, maintenance, and control of Bolsa Chica State Beach. This area is inclusive of the beach north of the Huntington Beach Pier to Seapoint Street. The agreement's term was subsequently extended by 20 years through Amendment No. 1 on October 4, 2004, extending the agreement through December 1, 2026. State Parks recently completed legal review of a subsequent amendment and requested the addition of supplemental recital language clarifying the purpose and history of Amendment No. 1. Additionally, State Parks now requires the inclusion of Generative Artificial Intelligence (GenAI) language in all new agreements and amendments, consistent with statewide administrative policy. Amendment No. 2 incorporates this new clause.
Amendment No. 2 will:
• Extend the agreement term through December 1, 2028
• Add a Generative Artificial Intelligence (GenAI) Clause
• Maintain all other existing terms and conditions
Approval of Amendment No. 2 will ensure uninterrupted operations at Bolsa Chica State Beach while the City and State Parks continue to meet. Staff and State Parks anticipate having a final draft of the agreement completed by June 2026. State Parks’ approval process can take up to 16 months to complete. Upon approval of the new agreement, Amendment No. 2 would immediately expire.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. RCA Contract Agreement Summary
2. Amendment No. 2 to the Operating Agreement OA-40 for Bolsa Chica State Beach
3. Extending CA Bolsa Chica State Operating Agreement Original 1986
4. CA Bolsa Chica State Beach Operating Agreement