Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  13-001619

 

MEETING DATE:

01/28/14

legal entity taking action:

Orange County Flood Control District

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Tony Bernard (714) 677-3209 

 

 

Shane Silsby (714) 667-9700

 

 

Subject:  Delegation of Authority for Orange County Flood Control District Licenses

 

      ceo Concur

County Counsel Review

Clerk of the Board

Concur

No Legal Objection

Consent Calendar

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

    Staffing Impact: No

# of Positions:

Sole Source: No

    Current Fiscal Year Revenue: N/A

  Funding Source: N/A

County Audit in last 3 years No

 

Year of Audit

    Prior Board Action: N/A

 

RECOMMENDED ACTION(S):

 

 

1.

Find that the subject activity is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines Section 15378 and is therefore not subject to review under CEQA.

 

2.

Authorize the OC Public Works Director, or designee, to negotiate the terms and execute licenses for use of Orange County Flood Control District (OCFCD) owned property when:

 

 

a.

the cumulative term does not exceed 10 years;

 

 

 

b.

the use fee does not exceed $10,000 per month;

 

 

 

c.

the license is non-exclusive and revocable;

 

 

 

d.

the use will benefit OCFCD, be consistent with, and not materially interfere with OCFCD’s ongoing use of the property;

 

 

 

e.

any material deviation from standard insurance provisions has been approved by the OC Flood Division Manager, CEO/Risk Management; and

 

 

 

f.

the license has been approved by the OC Flood Division Manager, or designee, and County Counsel.

 

 

 

 

 

 

SUMMARY:

 

Authorizing the OC Public Works Director, or designee, to enter into licenses of Orange County Flood Control District (OCFCD) property, when specific criteria are met, will provide for the processing of such licenses in a more efficient manner, which will result in cost savings to OCFCD.

 

 

 

BACKGROUND INFORMATION:

 

The Orange County Flood Control District (OCFCD) from time to time enters into license agreements for use of OCFCD-owned property when the proposed use is compatible with OCFCD operations.  Such licensing often requires prompt response, particularly when a public, quasi-public, or governmental entity is involved.  To process licenses over OCFCD property in a more efficient manner, the Board is asked to delegate authority to the OC Public Works Director, or designee, to negotiate and enter into non-exclusive, revocable licenses when the term does not exceed 10 years and  the monthly use fee does not exceed $10,000. 

 

Compliance with CEQA: This action is not a project within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore CEQA is inapplicable since the action will not result in any direct or indirect physical change in the environment and does not involve an irrevocable commitment of resources by OCFCD  to the activity since this is a delegation of authority to enter into certain licenses under certain terms and conditions at a subsequent time.  It is therefore exempt from CEQA.  Any future action taken pursuant to this delegation of authority will be reviewed for compliance with CEQA.

 

 

 

FINANCIAL IMPACT:

 

N/A

 

STAFFING IMPACT:

 

N/A