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: Carrie Gonzales, Management Aide
Subject:
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Approve and authorize execution of a five-year (5) License Agreement with Southern California Edison Company 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 (5) License Agreement between the City of Huntington Beach (City) and Southern California Edison Company (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. The current agreement will expire November 30, 2025.
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 Company for the use of the 2.48-acre parcel to be used for the Huntington Beach Community Garden and authorize the Mayor and City Clerk to execute any and all documents necessary to conclude this transaction.
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Alternative Action(s):
Do not approve the license agreement and discontinue the use of this property as a community garden.
Analysis:
On June 21, 2010, the City Council approved a community garden (HBCG) 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 & Library Services Department. The 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. Given that 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, 2025. The proposed License Agreement would commence December 1, 2025, and expire November 30, 2029. (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 |
2025 |
$846.66 |
December |
|
Second Year |
2026 |
$888.99 |
December |
|
Third Year |
2027 |
$933.44 |
December |
|
Fourth Year |
2028 |
$980.11 |
December |
|
Fifth Year |
2029 |
$1,029.12 |
December |
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. License Agreement between Southern California Edison Company and City of Huntington Beach for the Huntington Beach Community Garden - Contract No. 9.3920
2. SCE - Huntington Beach Community Garden Map