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File #: 20-1845   
Type: Consent Calendar Status: Passed
File created: 8/26/2020 In control: City Council/Public Financing Authority
On agenda: 9/8/2020 Final action: 9/8/2020
Title: Approve and authorize execution of a Five-Year License Agreement with Southern California Edison (SCE) for use of 2.48 acres of land southeast of Atlanta Avenue and Brookhurst Street to be used as a Community Garden
Attachments: 1. Att#1 SCE contract-Community Garden

REQUEST FOR CITY COUNCIL ACTION

 

SUBMITTED TO:                     Honorable Mayor and City Council Members

 

SUBMITTED BY:                     Oliver Chi, City Manager

 

PREPARED BY:                     Chris Slama, Director of Community Services

 

Subject:

title

Approve and authorize execution of a Five-Year License Agreement with Southern California Edison (SCE) for use of 2.48 acres of land southeast of Atlanta Avenue and Brookhurst Street to be used as a Community Garden

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Statement of Issue:

The City Council is asked to approve a five-year renewal of the License Agreement between the City of Huntington Beach (City) and Southern California Edison (SCE) for use of a 2.48 acre SCE right-of-way for a community garden, southeast of Atlanta Avenue and Brookhurst Street, adjacent to the Santa Ana River.

 

Financial Impact:

The annual payment is budgeted in the Park Development Impact Fund, account number 22845001.70300.

 

Recommended Action:

recommendation

Approve the License Agreement with Southern California Edison for the use of the 2.48 acre parcel to be used for the Huntington Beach Community Garden (HBCG), and authorize the Mayor and City Clerk to execute all documents necessary to execute this transaction.

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Alternative Action(s):

Do not approve the license agreement with SCE, and discontinue the use of this property as a community garden.

 

Analysis:

On June 21, 2010, the City Council approved a community garden on SCE property at the southeast corner of Atlanta Avenue and Brookhurst Street adjacent to the Santa Ana River.  The City has a Memorandum of Understanding (MOU) with the HBCG.  The garden is operated by the HBCG, a 501(c)(3) corporation, consisting of volunteers from the community with a city liaison from the Community Services Department.  HBCG is responsible for funding improvements to the site, including bringing water to the site.  They are also responsible to pay for all operating costs, including water use, per the conditions of the MOU.  Because the 2.48 acre parcel is owned by SCE, a license agreement between the City and SCE is required.

 

The license agreement has been renewed for successive five-year terms since 2010.  The current license agreement will expire on November 30, 2020.  The proposed license agreement would commence December 1, 2020, and expire November 30, 2025.  (Attachment 1).  In exchange for the use of the property, the City would pay an annual license fee in accordance with the fee schedule below:

 

Term

Year Due

Yearly Amount

Payment Due First Day of

First Year

2020

$716.43

December

Second Year

2021

$737.92

December

Third Year

2022

$760.06

December

Fourth Year

2023

$782.86

December

Fifth Year

2024

$806.34

December

 

Environmental Status:

Not applicable.

 

Strategic Plan Goal:

Enhance and maintain high quality City services

 

Attachment(s):

1.                     Proposed License Agreement with Southern California Edison - Contract No. 9.3920 with Exhibit A - Location Map of the Huntington Beach Community Garden