CITY COUNCIL AGENDA REPORT
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1 L.6 CITY COUNCIL AGENDA REPORT TYPE OF ITEM: Info/Consent AGENDA ITEM NO.: 6 DATE: April 17, 2018 TO: City Council THROUGH: Scott Whitney Interim City Manager FROM: SUBJECT: Rosemarie Gaglione Public Works Director Fifth Amendment to the Encroachment Protection Agreement Between the Department of the Navy, the Nature Conservancy, the Trust for Public Land, and the City of Oxnard. CONTACT: Rosemarie Gaglione, Public Works Director rosemarie.gaglione@oxnard.org, RECOMMENDATION: That City Council approve and authorize the Mayor to execute a Fifth Amendment to the Encroachment Protection Agreement between the United States Department of the Navy, The Nature Conservancy, the Trust for Public Land and the City of Oxnard (A-7734) to add Ventura Land Trust as a partner to the Agreement. BACKGROUND In 2011, the Navy entered into an Encroachment Protection Agreement (Agreement) with the Nature Conservancy (TNC) and the Trust for Public Land (TPL) for the purpose of acquiring long-term interests in lands within the vicinity of, or ecologically related to, Naval Base Ventura County (NBVC). On November 25, 2014, the City Council approved joining the Agreement. This partnership seeks to obtain easements or other interests in land that preserve critical buffer areas to limit incompatible development and protect valuable habitat through the Department of Defense s Readiness and Environmental Protection Integration (REPI) Program. As part of the City s Groundwater Recovery Enhancement and Treatment (GREAT) Program, the City is pursuing acquiring property adjacent to the Advanced Water Purification Facility Packet Pg. 172
2 5Th Amendment to the Encroachment Protection Agreement with the Department of the Navy April 17, 2018 Page 2 L.6 (AWPF) on Hueneme Road. The property would be used for facilities including: finished water storage, storm water treatment, and wetland restoration, which complement efforts by the TNC and the California Coastal Conservancy to restore wetlands at Ormond Beach. The property could also be used as another entrance to the existing wetlands which is known as Gateway Park. The Agreement defines the procedures for the purchase of easements by the Navy from the City as an encroachment protection partner. The Agreement does not commit the Navy or City to any specific action, but allows for the pursuit of partnership opportunities that will enhance the environment neighboring the AWPF. The original Agreement between the Navy, TPL, and TNC was signed in Amendment One obligated additional federal funding to the Agreement. Amendment Two added the City of Oxnard to the Agreement to establish the City as an eligible entity for encroachment protection projects. Amendment Three also obligated additional federal funds toward the Agreement, but was approved prior to finalization of the City s entry to the Agreement. Amendment Four extended the term of the Agreement for an additional five (5) years beyond its September 30, 2016 expiration and allowed the Navy to unilaterally amend the Agreement only for the purpose of adding funding. The Navy has requested the City s consent to proposed this Fifth Amendment, which would add the Ventura Land Trust as a partner to the Agreement. STRATEGIC PRIORITIES This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to establish, preserve and improve our infrastructure and natural resources through effective planning, prioritization, and efficient use of available funding. This item supports the following goals and objectives: Goal 5. Ensure orderly development and long-range conservation and management of our natural resources and coastal assets. Objective 5b. Protect ocean and waterways. FINANCIAL IMPACT There is no immediate financial impact for this item. If the City and the Navy partner on a project, the Navy will provide funding for purchase of an easement, which has not yet been defined or assigned a value. The purchase of qualifying easements by the Navy, if any, would be brought back to City Council for consideration. ATTACHMENTS: Packet Pg. 173
3 5Th Amendment to the Encroachment Protection Agreement with the Department of the Navy April 17, 2018 Page 3 L.6 Attachment A - Fifth Amendment to Encroachment Protection Agreement No. A-7734 Attachment B - Fourth Amendment to Encroachment Protection Agreement No. A-7734 Attachment C - Third Amendment to Encroachment Protection Agreement No. A-7734 Attachment D - Second Amendment to Encroachment Protection Agreement No. A-7734 Attachment E - First Amendment to Encroachment Protection Agreement No. A-7734 Attachment F - Original Encroachment Protection Agreement No. A-7734 Packet Pg. 174
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