City of San Juan Capistrano Agenda Report. Honorable Mayor and Members of the City Council

Transcription

1 City of San Juan Capistrano Agenda Report 8/1/2017 E15 TO: FROM: Honorable Mayor and Members of the City Council ;1f[n Siegel, City Manager SUBMITIED BY: DATE: SUBJECT: Charlie View, Project Managed August 1, 2015 Consideration of Granting an Easement to the Orange County Flood Control District for Flood Control and Water Conservation Purposes Across the Real Property Known as Lower Rosan Ranch (Assessor Parcel Numbers: ; ; ; ; (portion of)). RECOMMENDATION: 1) Approve and authorize the City Manager to execute the Easement Deed granting Orange County Flood Control District a non-exclusive, perpetual and assignable right, power, privilege and easement right-of-way for flood control and water conservation purposes in, on, under, over, and across a portion of the real property known as Lower Rosan Ranch; and, 2) Authorize the City Manager to negotiate and execute an agreement with Ames Construction to use a portion of the Lower Rosan Ranch property for a temporary construction staging facility based on the fair market value of the portion of the property to be utilized for the duration of the County project. EXECUTIVE SUMMARY: The County of Orange is the lead agency for the San Juan Creek Levee Protection Project, Phases 4, 5 and 6. The project is located in San Juan Capistrano and Dana Point, running along San Juan Creek from Stonehill Drive to approximately 2,100 feet upstream on the west side of the levee and 6,000 feet upstream on the east side of the levee. A location map is provided as Attachment 1. The purpose of the project is to enhance flood protection of neighboring communities by making improvements to levees along the San Juan Creek flood control channel.

2 City Council Agenda Report August 1, 2017 Page 2 of 3 Although the Orange County Flood Control District (OCFCD) already has easement rights over portions of the Lower Rosan property for access and maintenance of their facilities, this new easement is necessary to accommodate a sheet pile levee reinforcement project. The 20-foot wide easement is proposed for a portion of Lower Rosan immediately adjacent to the existing OCFCD improvements, and overlapping with an existing slope maintenance easement. A copy of the Easement Deed is provided as Attachment 2. DISCUSSION/ANALYSIS: The project involves installation of sheet piles with.steel anchor columns and tension cables, construction of a reinforced concrete pile cap, construction of reinforced masonry block flood walls and over side drains with flap valves, and installation of modified guard cable fencing. The west side project requires reconstruction of an asphalt bike trail, and the aggregate base trail on the east side will be restored after installation of the sheet piles. The project is scheduled to begin construction in September 2017, with completion estimated for June The estimated cost of the project is $33,000,000. A project briefing sheet from OCFCD is provided as Attachment 3. Although OCFCD already has easement rights over portions of the Lower Rosan property for access and maintenance of their facilities, this new easement is necessary to accommodate the sheet pile levee reinforcement project described above. The 20- foot-wide easement is proposed for a portion of Lower Rosan immediately adjacent to the existing OCFCD improvements and overlapping with an existing slope maintenance easement. In recognition of the potential impact this easement could have on the ultimate use of the Lower Rosan property, City and County staff coordinated review of the easement location and scope with Ganahl Lumber Company, which is currently in negotiation with the City to purchase the property. Ganahl Lumber Company representatives have reviewed the language of the final Easement Deed and support approval by the City Council. Ames Construction is the OCFCD contractor for the project and is working with OCFCD staff to submit a Temporary Use Permit (TUP) application to the City to accommodate their project field offices and staging operations on the Lower Rosan property. To assist the public in understanding the scope and schedule for the project, OCFCD has scheduled a project information meeting on August 3 at the San Juan Capistrano Community Center. City staff will attend the meeting and is coordinating the TUP process. The TUP will establish limits on use of the staging area consistent with City regulations and policies to minimize possible impacts on the residents of the adjacent Capistrano Valley Mobile Home Estates community. The second recommended action is to authorize the City Manager to negotiate and execute an agreement for the use of a portion of Lower Rosan for the temporary office and staging area. Pending City Council approval of the recommended action, staff would propose that Ames Construction pay monthly rent consistent with the rate paid by the auto dealers. The location of the temporary office/staging area would not interfere with the ongoing vehicle storage use.

3 City Council Agenda Report August 1, 2017 Page 3 of 3 Approval of the Easement Deed will facilitate important public safety improvements for the San Juan Creek portion of the Orange County flood control network. FISCAL IMPACT: The project is funded by the Orange County Flood Control District and there is no cost to the City. The OCFCD is offering $16,000 for the perpetual right-of-way for flood control and water conservation purposes on property currently owned by the City. Additionally, staff expects to receive some rental income from the contractor's temporary use of the property for staging. Because the Lower Rosan Ranch property was purchased through the former Community Redevelopment Agency, the revenue associated with the approval of the easement deed will be distributed to the various taxing agencies as required under State law. ENVIRONMENTAL IMPACT: The County of Orange is the Lead Agency for the project and prepared and certified a Negative Declaration (IP06-493) for the project. The City Council action to approve the easement deed requires no additional CEQA review. PRIOR CITY COUNCIL REVIEW: Not applicable. COMMISSION/COMMITTEE/REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Ganahl Lumber Company Marriott Residence Inn Auto Dealer Association Rosetta Development/Segovia Capital Partners Capistrano Valley Mobile Estates - Mr. Dana Dercole Villa San Juan - Bob and Mary Ames Mr. Richard Toon Mr. Jim Vance Mr. Mike Wernet Mr. Gary Hilde Mr. Kent McNaughton ATTACHMENT(S): Attachment 1 - Location Map Attachment 2 - Easement Deed Attachment 3 - OCFCD Project Briefing Sheet

4 -: 11 PHASE4 PHASE 5 - PHASES CITY BOUNDARY County of Orange OC Public Works Department PREPARED BY: DESIGN DMSIDN SAN JUAN CREEK CHANNEL PHASES 4, 5, & 6 LOCATION MAP ATTACHMENT 1

5 RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: Orange County Flood Control District c/o CEO, Real Estate Services P.O. Box 4048 Santa Ana, CA THIS SPACE FOR RECORDER' S USE ONLY Mail Tax Statements as shown above Portion of APN: DOCUMENTARY TRANSFER TAX$..::..Q..: _ Computed on the consideration or value of property conveyed _x_ Exempt per Revenue & Taxation Code Section _x_ Exempt from Recording Fees per Govt. Code Section By: ~s,~g~n A~rrr.u~~o~FD~E~CL~A~~r~oR~A~G~EN~T~D~ET~E~RM~IN~IN~G~r=A=x --~F,=RM~NA=M=E D Unincorporated Area ~ Incorporated - City of San Juan Capistrano Parcel No: L Project: San Juan Creek Channel EASEMENT DEED For valuable consideration, receipt of which is hereby acknowledged, CITY OF SAN JUAN CAPISTRANO, a general law city and municipal corporation, hereinafter referred to as "GRANTOR," its successor and assigns, does hereby grant to ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as "DISTRICT," its successor and assigns a non-exclusive, perpetual and assignable right, power, privilege and easement right-of-way for flood control and water conservation purposes in, on, under, over, and across the real property in the City of San Juan Capistrano, County of Orange, State of California (hereinafter referred to as "Easement Area") described in "Exhibit A," and illustrated in "Exhibit B," which exhibits are attached hereto and made a part hereof. DISTRICT's rights conveyed herein are those necessary for implementation of the Orange County Flood Control Action as Water Code App. Sections 36-1 et seq., which shall include, but are not limited to, the right to install underground sheet piles with steel anchor columns, tension cables, a reinforced concrete pile cap, a reinforced masonry block flood walls, over-side drains with flap valves, and installation of a modified guard cable fence. DISTRICT's rights shall also include the right to maintain, repair, rehabilitate, restore and improve the San Juan Creek Channel ("Channel"). GRANTOR and DISTRICT may sometimes hereinafter be individually referred to as "Party" or jointly as "Parties." It is understood and agreed by the Parties hereto and their successors and assigns that the easement and right-of-way herein granted in this easement deed shall be subject to the following terms, conditions, and ATTACHMENT 2

6 reservations: 1. RESERVATIONS(D3.ION) GRANTOR reserves all rights compatible with and not prejudicial to the rights conveyed herein to DISTRICT. The rights reserved herein are subject to the following express limitations: A. To ensure the Easement Area and the purposes of this easement are not detrimentally impacted, no building, structure, additional earth fill, or other improvement or modifications shall be constructed, placed or permitted within, upon, under or above the Easement Area until such plans have first been approved in writing by the OC Public Works Director of the County of Orange, or designee (hereinafter referred to as "Director"), and a permit for such construction has been obtained from the County of Orange after payment of applicable processing fees. DISTRICT agrees that such plans shall be approved or disapproved within a reasonable time following receipt thereof, and that approval will not be withheld without good cause. Director's approval of GRANTOR's plans shall not be deemed approval from the standpoint of structural safety, suitability for purpose or conformance with building or other codes or other governmental requirements. B. All improvements owned, constructed, placed or permitted within, upon, under or above the Easement Area by or on behalf of GRANTOR shall be operated and maintained at no cost to DISTRICT, and GRANTOR shall maintain said improvements so as to not obstruct, retard, alter or adversely affect drainage or flows. C. In the event DISTRICT exercises such rights to utilize the Easement Area which use results in the disturbance ofthe Easement Area surface or subsurface, DISTRICT shall backfill, with compacted earth, to the grade ofthe surrounding property and replace in kind or refurbish any affected surface improvements to a state mutually acceptable to the GRANTOR and Director (e.g. through the County Property Permit process or in accordance with approved As-Built plans on file with District), following completion of DISTRICT's activity. D. Unless the Director determines that an emergency exists making prior notice to the GRANTOR impracticable, DISTRICT shall give GRANTOR prior written notice if DISTRICT intends to disturb the surface of the Easement Area. That notice shall be given by DISTRICT to GRANTOR not less than sixty (60) days prior and shall specify the date of such entry, the duration thereof and the nature of the work to be performed by DISTRICT. DISTRICT further agrees to use its best efforts to minimize any inconvenience to GRANTOR and to minimize the period of time that the surface of the Easement Area will be disturbed. 2. GRANTOR LIABILITY (D 1.1) GRANTOR acknowledges the Easement Area is adjacent to the Channel and may be subject to all hazards associated with flood conditions. GRANTOR (and any of its successors and/or assigns) agrees to indemnify, defend with counsel approved by DISTRICT and save DISTRICT, the County of Orange ("County"), and their elected and appointed officials, officers, agents, employees and contractors harmless from any or all penalties, liabilities or losses resulting from claims or court actions arising directly or indirectly out of any injury to persons or damage to property by reason ofthe acts or omissions, intentional or otherwise, of GRANTOR, its agents, employees or independent contractors employed by GRANTOR in exercising any of the privileges herein reserved or in consequence thereof. IfDISTRICT/County undertakes to represent itself as co-defendant in such legal action, GRANTOR

7 shall pay to DISTRICT/County its litigation costs, expenses, expert witness and attorneys' fees. DISTRICT (and any of its successors and/or assigns), agrees to indemnify, defend with counsel approved by GRANTOR and save GRANTOR, and its elected and appointed officials, officers, agents, employees and contractors harmless from any or all penalties, liabilities or losses resulting from claims or court actions arising directly or indirectly out of any injury to persons or damage to property by reason of the acts or omissions, intentional or otherwise, of DISTRICT, its agents, employees or independent contractors employed by DISTRICT/County in exercising any of the privileges herein reserved or in consequence thereof. If GRANTOR undertakes to represent itself as co-defendant in such legal action, DISTRICT shall pay to GRANTOR its litigation costs, expenses, expert witness and attorneys' fees. If judgment is entered against GRANTOR and DISTRICT/County by a court of competent jurisdiction because ofthe concurrent active negligence of GRANTOR and DISTRICT/County, GRANTOR and DISTRICT/County agree that liability will be apportioned as determined by the court. Neither Party shall request a jury apportionment. GRANTOR agrees to release DISTRICT and County from any claims for damages including loss of business, in connection with the rights conveyed herein and the operation, maintenance, repair, rehabilitation, restoration and improvement of the Channel, as well as those relating to hazards associated with flood conditions to the extent such damages are not the result of the acts or omissions of DISTRICT, its elected or appointed officials, officers, agents, employees or contractors. GRANTOR agrees DISTRICT shall not be deemed negligent if operating the Channel in substantial conformance with standard practices of California Flood Control Districts for similar DISTRICT facilities. 3. NOTICES (DES 11.1 S). All notices, documents, correspondence and communications concerning this easement deed shall be addressed as set forth in this Section, or as the Parties may hereafter designate by written notice, and shall be sent through the United States mail with postage prepaid. Any such mailing shall be deemed served or delivered forty-eight ( 48) hours after mailing. Either Party may change the address for notices by giving the other Party at least ten ( 1 0) calendar days prior written notice of the new address. Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such other communications to the other by personal delivery or by Federal Express or similar courier service and so given shall be deemed to have been delivered upon receipt. To GRANTOR: City Manager City of San Juan Capistrano Paseo Adelanto San Juan Capistrano, CA To DISTRICT: Orange County Flood Control District c/o CEO, Real Estate Services P.O. Box 4048 Santa Ana, CA Re: San Juan Creek (L ) Flood Control Easement 4. VENUE (PMES 13.1 N) The Parties hereto agree that this easement deed has been negotiated and executed in the State of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this easement deed, the sole and exclusive venue shall be a court of competent jurisdiction located in the County of Orange, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the Parties hereto specifically waive any and all rights to request that an action be transferred for trial to another county.

8 5. SEVERABILITY (PMES 15.IS) If any term, covenant, condition, or provision of this easement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 6. INTERPRETATION (DES18.1 S) This easement deed has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this easement deed. In addition, each Party has been represented by experienced and knowledgeable independent legal counsel of their own choosing, or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each Party further acknowledges that they have not been influenced to any extent whatsoever in executing this easement deed by any other Party hereto or by any person representing them, or both. Accordingly, any rule of law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this easement deed against the Party that has drafted it is not applicable and is waived. The provisions of this easement deed shall be interpreted in a reasonable manner to affect the purpose of the Parties and this easement deed. 7. AMENDMENTS (DES19.1 N) No alteration or variation of the terms of this easement shall be valid unless made in writing and signed by the Parties, and no oral understanding or agreement not incorporated herein shall be binding on any of the Parties. 8. ATTORNEYS' FEES (PMES16.1S) In any action or proceeding brought to enforce or interpret any provision of this easement, or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorneys' fees and costs. 9. SUCCESSORS AND ASSIGNS (PMES 18.1 S) The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties hereto. 10. AUTHORITY (PMES20.1 S) The Parties hereto represent and warrant that this easement deed has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms. II II II II II

9 GRANTOR CITY OF SAN JUAN CAPISTRANO Date: By: Title: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA) ) COUNTYOF ) ACKNOWLEDGMENT On 20_, before me, a Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) Notary Public

10 Approved as to Form: Office of the County Counsel County of Orange, California By: Deputy Date: DISTRICT ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic By: Shane L. Silsby, Director Orange County Public Works Per Minute Order dated June 21, 2005 Date: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA) ) COUNTYOF ) ACKNOWLEDGMENT On, 20_, before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) Notary Public

11 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by this deed or grant to the ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, is hereby accepted by the undersigned officer or agent on behalf of the Board of Supervisors of Orange County, California, acting as the governing board of the ORANGE COUNTY FLOOD CONTROL DISTRICT, pursuant to authority conferred by minute order dated June 21,2005, ofthe said Board of Supervisors, and the ORANGE COUNTY FLOOD CONTROL DISTRICT consents to recordation thereof by its duly authorized officer. ORANGE COUNTY FLOOD CONTROL DISTRICT Date: By: ~--- Name: Shane L. Silsby Title: Director Orange County Public Works Per Minute Order dated June 21,2005 Approved as to Form Office ofthe County Counsel Orange County, California By: Date: Deputy

12 EXHIBIT A LEGAL DESCRIPTION San Juan Creek Channel improvements Facility No.: LOI Parcel No.: 135 That portion of that certain land, in the City of Dana Point, County of Orange, State of California, described as Parcel Ll I in the Final Order of Condemnation recorder January 8, 1963, in Book 63 86, Page 776 of Official Records. in the 'otficc of the County Recorder of said county described as follow: Commencing at the northeasterly corner of said Parcel L , said corner also being the southeasterly terminus of that certain course in the northeasterly line of said Parcel shown as having a bearing of South 65 15'41" East, and a length of feet on Record of Survey No , filed May 23, 1989 in Book 122, Pages 28 through 46 of Records of Survey in said County Recorder's Office, thence North 65 15'41" West, feet along said line to a line parallel with and feet easterly of the centerline of San Juan Creek, as said centerline is shown on said Record of Survey, and the TRUE POINT OF BEGINNING; thence leaving said line, South 11 36'44" West, feet along said parallel line to the southeasterly line of said Parcel; thence South 24 44'19" West, feel along said line to the southeasterly comer of said Parcel; thence North 65 15'41'' West, 5.73 feet along the southwesterly line of said Parcel to a line parallel with and feet westerly of the last described parallel line; thence leaving said southwesterly line, North ll 0 36'44" East, feet along said parallel line to the northeasterly line of said Parcel; thence South 65 15'41" East, feet along said line to the TRUE POINT OF BEGINNING. I Containing Acres, more or less. See EXHIBIT B attached and by reference made a part. APPROVED Kevin Hills, County Surveyor, L.S Datc/..2 - / -/6

13 J "- '..1 ~ t. I I ~ PER (Rt) I ;:::1 '5(/ ~I -r- 1 4,~'b1 I LINE L1 L2 L3 L4 - L5 L6 LINE TABLE BEARING DIST. N 65'15'41H w ' S 11'36'44n W ' s 24'44'19" 63.50' N 65;t5'4t w -----:5."73' N 11'36'44 H E S 65'15'41. E ' ' ~ I 1 \J. Q L4 OC PUBLIC WORKS OC SURVEY WAY SERVICES -- ROW ID NO SCALE: 1" = 120' REFERENCES: (R1) = BOOK 6386 PAGE 776 O.R. (R2) = R.S. NO , R.S.B. 122/28-46 EXHIBITB SHEET 1 OF 1 PROJECT: SAN JUAN CREEK CHANNEL (L01) IMPROVEMENTS

14 Project Briefing Updated: 07120/2017 San Juan Creek Channel (L01) Levee Protection Project, Phases 4, 5 & 6 Project Information: Project Limits: The project is located in the Cities of San Juan Capistrano and Dana Point from Stone hill Drive to approximately 2,100 feet upstream (left) and 6,000 feet upstream (right). Project Description: The project involves installation of sheet piles with steel anchor columns and tension cables, construction of a reinforced concrete pile cap, construction of reinforced masonry block flood walls and over side drains with flap valves and installation of modified guard cable fence. The left side requires reconstruction of an AC bike trail and the aggregate base trail on the right side will be restored after installation of the sheet piles. Estimated Project Cost: $33,000,000 Schedule Milestones: Award CMAR Design & Construction contracts April2017, July 2017 Design (PS&E) 100% August 2017 Issue NTP to CMAR for Construction September 2017 Begin construction September 2017 End construction June 2019 Activities: Negotiating GMPs with CMAR contractor Preparing Plans, Specifications and Estimates (PS&E) Finalizing agreement with DWR for Grant Fund Preparing NTP for GMP #1 for sheet pile & other long-lead material procurement Hosting Public Outreach Meeting jointly with Cities and Ames on 8/3/17 A 1T ACHMENT 3