REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Sean Crumby, Director of Public Works
Subject:
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Approve and authorize execution of a Landscape Maintenance Agreement and License Agreement for the Pierside Pavilion Project at 300 Pacific Coast Highway
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Statement of Issue:
A Landscape Maintenance Agreement between the City and the State of California, and a License Agreement between the City and Pierside Pavilion, LLC (owner/developer), are presented for City Council approval and execution for the Pierside Pavilion Project at 300 Pacific Coast Highway (at the intersection with Main Street).
Financial Impact:
No funding is required for this action.
Recommended Action:
recommendation
A) Approve and authorize the Mayor and City Clerk to execute the “Landscape Maintenance Agreement Within State Highway Right of Way on Route 1 Within the City of Huntington Beach” with Caltrans for the Pierside Pavilion project (Attachment 1); and,
B) Approve and authorize the Mayor and City Clerk to execute and record the “License Agreement Between the City of Huntington Beach and Pierside Pavilion, LLC, to Provide Installation and Maintenance of Landscaping Improvements in the Public Right-of-Way,” for the Pierside Pavilion project (Attachment 2).
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Alternative Action(s):
A) Do not authorize execution of the “Landscape Maintenance Agreement between the City of Huntington Beach and Caltrans, Within State Highway Right of Way on Route 1 Within the City of Huntington Beach” and direct staff accordingly. This alternative action will prevent the typical transfer of maintenance obligations (from State-to-City and City-to-Developer) for landscaping and hardscape improvements within the State right-of-way on Pacific Coast Highway, and
B) Do not authorize execution of the “License Agreement between the City of Huntington Beach and Pierside Pavilion, LLC, to Provide Installation and Maintenance of Landscaping Improvements in the Public Right-of-Way”, and direct staff accordingly. Absent this License Agreement, the City would be responsible for the maintenance of the landscaping and hardscape. This
alternative action will result in increased future maintenance costs for the City and will prevent the developer from satisfying the Conditions of Approval for this project.
Analysis:
The Pierside Pavilion project is located at 300 Pacific Coast Highway, at the southeast corner of Main Street and Pacific Coast Highway. The project’s development requirements included the construction and responsibilities for future maintenance of landscaping and hardscape improvements within the public right-of-way along its street frontages. To document this responsibility, the developer/owner is required to execute the appropriate landscape maintenance agreement (LMA) for all landscaping, irrigation, street furniture and enhanced hardscape that encroaches into the State (Caltrans) right-of-way along Pacific Coast Highway and into the City right-of-way along Main Street. In addition to landscaping and irrigation, the agreement also addresses sidewalk cleaning, trash cans, disposal of trash, signs, tree replacement and all other aspects of maintenance for areas in State and City right-of-way.
It is Caltrans’ policy to only enter into such agreements with other governmental agencies, not with private developers/owners. Consequently, there are two agreements necessary to adequately address this landscape maintenance responsibility: one agreement between the State of California (Caltrans) and the City of Huntington Beach (Attachment 1), and a second, companion agreement between the City and the private developer/owner (Attachment 2), which effectively transfers the maintenance responsibility from the City to the developer/owner. These agreements have been reviewed and approved by Caltrans, Public Works staff and the City Attorney’s Office, and are now ready for approval by City Council and execution. The Director of Caltrans will only sign and execute the subject agreements following the City’s approval and signatures and therefore, two originals of this LMA are enclosed so both may be signed by the Mayor and returned to Caltrans for their execution signatures. Upon the Caltrans Director's final signature, one original LMA will be returned back to the City for the records file.
Public Works Commission Action: Not required for this request.
Environmental Status:
These agreements are categorically exempt from the California Environmental Quality Act, pursuant to City Council Resolution No. 4501.
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1. Landscape Maintenance Agreement between the City of Huntington Beach and Caltrans Within State Highway Right of Way on Route 1 Within the City of Huntington Beach for the Pierside Pavilion project
2. License Agreement between the City of Huntington Beach and Pierside Pavilion, LLC, to Provide Installation and Maintenance of Landscaping Improvements in the Public Right-of-Way for the Pierside Pavilion project