Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  18-000498

 

MEETING DATE:

10/16/18

legal entity taking action:

Orange County Flood Control District

board of supervisors district(s):

3

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Khalid Bazmi (714) 667-3213 

 

 

Nardy Khan (714) 647-3906

 

 

Subject:  Lease of Yorba Linda Reservoir Property to City of Yorba Linda

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement(s) and Resolution(s)

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: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: N/A

County Audit in last 3 years: No

 

 

    Prior Board Action: 5/13/1975 #38, 1/28/1975 #52

 

RECOMMENDED ACTION(S):

 

 

1.

Find that the project is categorically exempt from CEQA, Class 1 (Existing Facilities), Class 2 (Replacement or Reconstruction) and Class 11 (Accessory Structures) pursuant to CEQA Guidelines, Section 15301, 15302 and 15311.

 

2.

Adopt Resolution making findings pursuant to the Orange County Flood Control Act that the proposed lease is compatible with Orange County Flood Control District land use and purposes and  the City of Yorba Linda laws and regulations.

 

3.

Approve and execute a 20-year new Lease between the Orange County Flood Control District and the City of Yorba Linda for the continued operation of an equestrian center on Orange County Flood Control District property as a non-commercial recreational facility that serves the general public.

 

4.

Authorize the OC Public Works Director or designee to perform all activities specified to be performed by the Director under the new Lease and to execute subsequent lease amendments for non-monetary changes and/or monetary changes that do not increase Orange County Flood Control District costs more than $50,000 per year.

 

 

 

 

SUMMARY:

 

Approval of the new Lease will allow the City of Yorba Linda to continue the operation of the Phillip S. Paxton Equestrian Center upon a portion of the Orange County Flood Control District owned Yorba Linda Reservoir property as a non-commercial recreational facility that benefits Orange County residents and visitors.

 

 

 

BACKGROUND INFORMATION:

 

On January 28, 1975, the Orange County Flood Control District (District) received approval from the Board of Supervisors (Board) to negotiate with the City of Yorba Linda (City), terms for a lease of a District-owned 5.465-acre parcel for the purpose of preserving open space and providing a non-commercial, public recreational facility. On May 13, 1975, the City and the Board executed a lease (Original Lease) over a District-owned parcel, located northeast of Imperial Highway and Buena Vista Avenue within the City's jurisdiction that functions as part of a flood control facility known as the Yorba Linda Reservoir. The Original Lease required the City to improve and maintain the parcel as a landscaped open space and free public recreational facility with the condition that the improvements not impair any flood control operations required on any part of the parcel.  Consequently, the City developed the parcel for use as an equestrian facility, which it continues to operate and maintain now as the Phillip S. Paxton Equestrian Center (Center), under the terms of the Original Lease that automatically renews on an annual basis. 

 

The City desires to make capital improvements to the Center and wishes to secure a new long-term lease (Lease) before making capital improvements. Accordingly, OC Public Works negotiated the proposed new Lease to have a 20-year term and to include updated provisions ensuring the City is responsible for improvements and maintenance and utility expenses related to the City’s use of the parcel.  Like the Original Lease with the City, the proposed new Lease will cover the same District-owned parcel and is to be rent-free and for non-commercial recreational use. Approval of the proposed new Lease enables the parcel to continue to provide a recreational space to County of Orange residents and visitors that complements adjoining riding and hiking trails and serves the public's flood control needs without the District bearing the cost of ordinary maintenance for the site.

 

CEQA Compliance:  The proposed project is Categorically Exempt (Class 1, Class 2 and Class 11) from the provisions of CEQA pursuant to Section 15301, 15302 and 15311 because it consists of the renewal of a lease of an existing equestrian center, involving negligible or no expansion of an existing use, replacement of existing structures to be located on the same site and have substantially the same purpose and construction of minor structures accessory to existing facilities.

 

General Plan Conformity:  The proposed project conforms to the General Plan of the City.

 

Summary of Evidence:  The Orange County Flood Control Act (Act) requires the Board to make certain findings regarding the impact of the proposed new Lease including that the proposed new Lease presents no conflict with District use of the property, conforms to the General Plan of the City and is consistent with zoning ordinances and building regulations and policies.  Documentation of the evidence pertaining to these findings and a copy of the Act are on file with the Clerk of the Board.

 

 

 

FINANCIAL IMPACT:

 

The proposed new Lease does not alter the parties’ fiscal responsibilities established in the Original Lease. The City is paying for costs associated with preparing and processing the proposed new Lease.

 

 

 

STAFFING IMPACT:

 

N/A

 

 

ATTACHMENT(S):

 

Attachment A – Location Map
Attachment B – Evidence Documentation Summary
Attachment C – Resolution
Attachment D – Lease
Attachment E – Conveyance Questionnaire
Attachment F – Original Lease