HomeMy WebLinkAboutOC FLOOD CONTROL DISTRICT - 1999-12-06L 4 CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK -
CONNIE BROCKWAY
CITY CLERK,56
- -
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE-belJe/)'1
l -Tojme i31Ya ATTENTION-
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REGARDING e.-, l
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See Attached Action Agenda Item zc- // - Date of Approval 1p2 L]
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Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
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Name Department RCA Agreement Iruurance Otter
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Received by Name - Company Name - Date
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(9) 1216199 - CounAgency Agenda - Page 9
E-9. (City Council) Approve Sample Agreement for Purchase & Sale of Real Property and
Escrow Instructions for Unimproved Real Property Located at Corner of Cia
Avenue and Main Street (APN 111-150-25) — (Holly-Seacliff Proiect Area —
(B. Anthony & S. Anthony) (600.10) —1. Approve Sample Agreement for Purchase and
Sale of Real Property and Escrow Instructions and authorize Mayor and City Clerk, on
behalf of the City of Huntington Beach, to sign and attest to said agreement when
prepared in final form and as approved as to form by the City Attorney. Said agreement is
with the 111h and 12`h persons (out of a total of 12 people) who own undivided interests in
this property: and 2. Authorize city staff to open two escrows, at First American Title
Company in Santa Ana, to consummate the acquisition of the interests of these two
persons_ Submitted by the City Attomey
[Approved 7-01
E-10. (City Council) Approve A000intments to Environmental Board — Aloert/Kenes/Priiatel
(110 20) -- Approve appointments of Mark Alpert to a first full term which will expire on
December 31, 2003, and appoint Garry Kepes to complete the term for Rich Davis which will
expire on June 30, 2002, and appoint Joan Priiatel to complete the term for Jenifer Lee
which expires on June 30, 2000. Submitted by the Planning Director
[Approved 7-0]
E-11. (City Council) Authorize Aooroval of Agreement D98-119 with Oranae Countv Flood
Control District for Design & Construction of Improvements to a Portion of the City -
Owned Corsican (Murdy) Channel r9i Authorize Temporary Easement to County
(600.25) - 1. Approve Agreement No_ D98-119, between the Orange County Flood Control
District and the City: and 2. Authorize the Mayor and City Clerk to execute Agreement
No. D98-119; and 3. Authorize the Director of Public Works to expend monies per the terms
and conditions of Agreement No. D98-119 for the removal of a portion of the existing
concrete trapezoidal channel, and the construction of a new, larger rectangular concrete
channel; and 4. Authorize the District a temporary easement adjacent to the channel's
westerly right-of-way for the purpose of constructing and inspecting the City's new channel
improvements. Submitted by the Director of Public Works Funding Source: FEMA Grant of
$425,000: City Matching funds of 25% reimbursed by FEMA_
[Approved 7-0]
E-12,(City Council Adopt Resolution No. 99-105 —Approves Designation of
Shari L. Freidenrich. James Sloboian. Dan T. Villela & John Reekstin to Sion for
and Execute Financial Transactions in the Name of the City of Huntington Beach
(630.50) — Adopt Resolution No. 99-105 - uA Resolution of the City Council of the City of
Huntington Beach Authorizing the Manual and/or Facsimile signatures of Shari L. Freidenrich,
John Reekstin, Dan T. Villella and James Slobojan." Submitted by the City Treasurer
[Approved 7-0]
Sent by: FLOOD CONTROL
30;
04/29/i .12:31; JetFax #473;Page 2/7
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Agreement No. D98-115
A G R E E M E N T
THIS AGREEMENT, hereinafter referred to as "AGREEMENT," for purposes of identification
hereby nl:mbered D98-119, and entered into this t2� day of ,e10a1'
is BY AND BETWEEN
AND
ORANGE COUNTY FLOOD CONTROL D=STRICT, a
body corporate and politic, hereinafter
referred to as "DISTRICT"
CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California
hereinafter referred to as "CITY"
WHEREAS, DISTRICT proposes to improve a portion of East Garden Grove-Wintersburg
Channel (Facility No. C05) from three -hundred forty-nine (349) meters upstream of
Golden Wes= Street ro one -hundred fifty (150) meters upstream of Gothard Street
hereinafter referred to as "PROJEC'1°'; and
WHEREAS, CITY desires to improve the conflue ne and a portion of Murdy Channel
(City Facility No. C05SC2) hereinafter referred to as "FACILITY IMPROVEMENT" in
conjunction with DISTRICT's PROJECT; and
WHEREAS, CITY has secured funds fron the E'ederal Emergency Management Agency
(FEMA) (application number FF_NA-DR-1008-CA, reference number #1008-7219) for the
FACILITY IMPROVEMENT; and
WHEREAS, CITY requests their FACILITY TMPROVEMENT be incorpora=ed into
VIST ICT':+ PROJECT tit uQt:utttcttt:v ►JiLh I.r.1.7I1z of lll1S AGKLEMEN':.
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Agreement No. D98-11
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NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
SECTION I
I. DISTRICT SHALL:
A. Prepare the necessary design plans and specifications including Federal
requirements for FACILITY IMPROVEMENT to incorporate into DISTRICT's plans
(final and approved drawing no. C05-101-11) and specifications for PROJECT.
B. Include within its plans and specifications for PROJECT, FACILITY IMPROVEMENT
work, per CITY standards within CITY right-of-way and per DISTRICT standards
within DISTRICT right-of-way.
C. Include within its specifications for PROJECT, separate bid items for the
FACILITY IMPROVEMENT work.
D. Advertise for bids and award a construction contract for PROJECT including
FACILITY IMPROVEMENT to the lowest responsive responsible bidder, hereinafter
referred to as "CONTRACTOR".
E. Furnish a representative to perform the usual functions of a Resident Engineer,
hereinafter referred to as "ENGINEER" who shall be responsible for
monitoring the CONTRACTOR'S performance, and CITY may, at no cost to
DISTRICT, furnish a representative if CITY desires. Said representative and
ENGINEER shall cooperate and consult with each other, but the decision of
DISTRICT's ENGINEER shall be final.
F. Prepare any required environmental documents including but not limited to,
Section 404 of the Federal Clean Water Act with the U.S. Army Corps of
Engineers, Section 1601 of the State of California Department of Fish and Game
Agreement No. D98-11S
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Code, and Section 401 of the Federal Clean Water Act with the State Regional
Water Quality Control Board.
G. Be solely responsible for administration and construction inspection of contract
awarded to CONTRACTOR for the PROJECT including FACILITY IMPROVEMENT.
H. Incorporate within the contract documents for the PROJECT a.requirement for the
CONTRACTOR to obtain and keep in full force and effect throughout the life of
the PROJECT, for the mutual benefit of the CITY and DISTRICT, a policy or
policies of comprehensive, broad form, general liability and automobile
insurance for activities of the CONTRACTOR in the amount of five million
dollars ($5,000,000) (combined single limit per occurrence). Said policies shall
name CITY, DISTRICT, County of Orange and their respective elected and appointed
officials, officers, agents and employees as additional insureds and shall
additionally, contain language providing for waiver of subrogation, that the
policies are primary and noncontributing with any insurance that may be carried
by the parties hereto and that said insurance may not be cancelled or materially
changed except upon thirty (30) days written notice to DISTRICT by DISTRICT's
CONTRACTOR. DISTRICT will forward a copy to CITY within ten (10) working days
after receiving such notice. DISTRICT shall also require that the CONTRACTOR and
all sub -contractors as required by law secure worker's compensation benefits.
I. Issue Change Orders that are CITY initiated or are initiated due to unforeseen
conditions in the field for the FACILITY IMPROVEMENT work after approval by the
CITY Engineer or City representative.
J. Not accept the FACILITY IMPROVEMENT work from the CONTRACTOR until CITY concurs
that CITY's facilities have been constructed in accordance with CITY's approved
plans and specifications and any authorized contract Change Orders per Section
I.I..
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Agreement No. D98-11S
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K. Require that any and all labor, materials, performance bonds required to be
supplied by the CONTRACTOR for the PROJECT including FACILITY IMPROVEMENT shall
include CITY as a beneficiary on said bonds.
L. Upon award of contract by the Board of Supervisor for the PROJECT, invoice CITY
for four hundred thousand ($400,000) dollars, the estimated cost for FACILITY
IMPROVEMENT. The money shall be received within ninety (90) days from date of
contract award.
M. Provide the CITY with a no -fee three year permit (upon City's request) to gain
access into Murdy Channel via maintenance access ramp on the south side of
channel, through gates located at Gothard Street and Golden West Street. Said
permit shall also be renewable for similar three year periods upon City's
request as a no -fee permit.
N. Upon completion, and acceptance of construction work to FACILITY IMPROVEMENT,
provide an approved Final Accounting Report and Invoice to CITY for the balance
of any additional costs incurred by DISTRICT and approved by CITY for said work
later described in Section II.F. and Section II.G. . CITY shall pay DISTRICT
within sixty (60) calendar days of receipt of said invoice.
O. If District owes City, payment shall be in accordance with Section III.A. .
P. Pursuant to Section 895.4 of the Government Code, defend, indemnify and save
harmless CITY, its elected and appointed officials, officers, agents and
employees, from all liability from loss, damage or injury to persons or
property, including any and all legal costs and attorney's fees, in any manner
arising out of the performance of this AGREEMENT , by DISTRICT, its elected and
appointed officials, officers, agents and employees.
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Agreement No. D98-11�
SECTION II
II. CITY SHALL•
A. Review and approve design plans and specifications for FACILITY IMPROVEMENT
prepared by DISTRICT in accordance with CITY standards, requirements and
requests and will not unreasonably withhold approval.
B. Grant DISTRICT and DISTRICT's CONTRACTOR authority to enter upon CITY property
as shown on Exhibit "A" for the purpose of constructing and inspecting FACILITY
IMPROVEMENT. Said Exhibit "A" is made part of this AGREEMENT.
C. Furnish a representative to perform the usual functions of a construction
inspector hereinafter referred to as "CITY REPRESENTATIVE", if the
CITY desires, at no cost to the DISTRICT. Said CITY REPRESENTATIVE and ENGINEER
shall cooperate and consult with each other. All requests for alteration or _
modification to the construction plans for FACILITY IMPROVEMENT by CITY
REPRESENTATIVE shall be made to ENGINEER, but the decision of DISTRICT's
ENGINEER shall be final.
D. Cause CITY ENGINEER to approve change orders issued per Section I.I. CITY shall
be responsible for all change order costs that are initiated by CITY or due to
unforeseen circumstances in the field pertaining to FACILITY IMPROVEMENT
construction work. CITY ENGINEER shall not unreasonably withhold consent to
Change Order submittals.
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Agreement No. D98-11�
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E. Apply for a I non -fee three year permit from the DISTRICT to gain access into
I
Murdy Channel through the East Garden Grove-Wintersburg Channel (Facility No.
C05) maintenance road accessed at Gothard Street as referred to in Section I.M.
F. Deposit with DISTRICT four hundred thousand dollars ($400,000) as the estimated
cost for FACILITY IMPROVEMENT within ninety (90) calendar days of receipt of
invoice as described in Section I.L.
G. Upon acceptance of the construction work for the FACILITY IMPROVEMENT and
receipt of an Invoice and Final Accounting Report from DISTRICT, provide
DISTRICT final payment for said FACILITY IMPROVEMENT determined as the sum of
the following less the $400,000 payment previously made.
1. The actual sum of the bid item prices for the FACILITY IMPROVEMENT from the
CONTRACTOR to whom DISTRICT has awarded the contract for PROJECT.
2. Change Order expenses approved by CITY ENGINEER related to work involved with
FACILITY IMPROVEMENT, if any, will be added to the above.
I Fourteen percent (14%) of the actual amount determined in II.G.1 and II.G.2.
above as an agreed amount to reimburse DISTRICT for costs incurred for
administration, inspection, obtaining regulatory agency permits and materials
testing related to FACILITY IMPROVEMENT.
4. Six percent (6%) of the actual amount determined in II.G.1 and II.G.2. above
as an agreed amount to reimburse DISTRICT for costs incurred for the design
of the FACILITY IMPROVEMENT.
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Agreement No. D98-11!
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SECTION III
III. IT IS MUTUALLY UNDERSTOOD AND AGREED THAT:
A. If the final cost per II.G. above exceeds the deposit, CITY shall within sixty (60)
calendar days of receipt of the Final Accounting Report and Invoice approve report
and pay DISTRICT the difference; if the final cost is less than the deposit,
DISTRICT shall, within sixty (60) calendar days of completion of the Final
Accounting Report refund the difference to CITY.
B. The terms and provisions of this AGREEMENT shall be binding upon and inure to the
benefit of the parties hereto and their successors and assigns.
C. No alteration or variation of the terms of this AGREEMENT shall be valid unless
made in writing and signed by the parties hereto, and no oral understanding or -
agreement not incorporated herein shall be binding on any of the parties hereto.
D. Term. The term of this Agreement shall be in full force and effect until the
specified obligations of both Parties have been fulfilled or rescinded by both
Parties in writing.
E. Notices. All notices shall be personally delivered or mailed to the below listed
addresses, or to such other addresses as may be designated by written notice. These
addresses shall be used for delivery of service of process.
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Agreement No. D98-115
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To District: Orange County Flood Control District
1143 E. Fruit Street
Santa Ana, CA 92701
Attn: Resident Engineer
To City: City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attention: Steve Krieger
F. Governing Law & Venue. The parties hereto acknowledge that this Agreement has been
negotiated and executed in the state of California and shall be governed by and
construed under the law of California. In the event of any legal action to enforce
or interpret this Agreement, the sole and exclusive venue shall be. court of
competent jurisdiction located in Orange County, 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
agree to waive any and all right to request that an action be transferred for trial
to another county.
G. Waiver. A waiver of a breach of the covenants, conditions, or obligations under
this Agreement by either Party shall not be construed as a waiver of any succeeding
breach of the same or other covenants, conditions, or obligations of this
Agreement.
F?
Agreement No. D98-11S
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H. If any part of this AGREEMENT is held, determined or adjudicated to be illegal,
void or unenforceable by a court of competent jurisdiction, the remainder of this
AGREEMENT shall be given effect to the fullest extent reasonably possible.
I. The parties to this AGREEMENT represent and warrant that this AGREEMENT has been
duly authorized and executed and constitutes the legally binding obligation of
their respective organization or entity, enforceable in accordance with its terms.
J.- Pursuant to Government Code Section 895.4, DISTRICT and CITY shall fully indemnify
and save each other, their respective elected officials, officers, agents and
employees harmless from all liability from losses, damage, to persons or property,
including any and all legal costs and attorney's fees, arising in any manner by
reason of anything done or omitted to be done by the other under or in connection
with any work or obligation performed under this AGREEMENT.
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Agreement No. D98-115
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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by
their officers thereunto duly authorized on the date written above.
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
(0 O✓�
Date: By:
Mayor
ATTEST: -
Date: B [ 7Z�Zi 52C%G�C�s�/
Y•
City Clerk h�2/�
APPROVED AS TO FORM:
City Attorney
rtq�jfy��
INITIATED AND APPROVED:
Date: By:
Director of Public Works
REVIEWED AND APPROVED
Date: By:
Cit dministrator
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Agreement No. D98-11S
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Date: 4,
Date: -4I 61
Date: V 3 t-9 4
Agreement
revised: 8/15/95
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic,
By: 4 PA�-
Chairman of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT
HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD.
0-
By: o�41F
Darlene J. Bloom
Clerk of the Board of,Supervisors of
Orange County Flood Control District
Orange County, California
APPROVED AS TO FORM:
LAURENCE M. WATSON
COUNTY COUNSEL
By: jp 1
Deputy
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II I EAST GARDEN GROVE-WINTERSBURG CHANNEL (C05)
FROM 349M U/ S OF GOLDEN WEST ST.
,_, TO 150M U/ S OF GOTHARD ST.
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LEGEND FOR STATION REFERENCE . SEE DWO NO
LIMIT OF CONSTRUCTION EASEMENT EXHIBIT "A" C05-101-11 SHEET 4 OF 30
LIMIT OF CONSTRUC`]CION EASEMENT"
Z eAa sled - ewb ,
41ITY OF HUNTINGTON BE
MEETING DATE: 12-06-99 DEPARTMENT ID NUMBER: PW 99-123
Council/Agency Meeting Held= /a2 L 9 y
Def rredlContinued to=
CTApproved ❑ Conditionally Approved
'7-a
Ll Denied
Council Meeting Date. 12-06-99
400- ay
Clerk's Signature
Department ID Number: PW 99-123
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
�UBMITTED BY: RAY SILVER, City Administrator074s
PREPARED BY: ROBERT F BEARDSLEY. Director of Public Works
SUBJECT: Authorize the Approval of Agreement D98-119 with Orange County Flood
Control District
Statement of Issue, Funding Source, Recommended Action. Alternative Actionlsj, Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Agreement No_ D98-119, between the Orange County Flood Control District (District) and
the City of Huntington Beach is required for the design and construction of improvements
to a portion of the Csty owned Corsican {Mundy} Channel.
Funding Source:
A grant of approximately $425,000 was awarded to the City from the Federal Emergency
Management Agency (FEMA)_ The City is responsible for providing matching funds of
.25%, which are included in the Drainage Fund FY 99101 budget_ Expenditures by the City
are reimbursed by FEMA as progress payments
Recommended Action:
Motion to do the following:
1. Approve the attached Agreement, No D98-119, between the District and the City-, and,
2. Authorize the Mayor and City Clerk to execute Agreement No. D98-1 19, and,
2050 murdy agreement with coun -2- 11117/99 11:54 AM ,11
v
BEQUEST FOR COUNCIL ACTION
MEETING DATE: 12-06-99
DEPARTMENT ID NUMBER: PW 99-123
3. Authorize the Director of Public Works to expend monies per the terms and conditions
of Agreement No_ D98-119 for the removal of a portion of the existing concrete
trapezoidal channel, and the construction of a new, larger rectangular concrete
channel; and,
4. Authorize the District a temporary easement adjacent to the channel's westerly right-of-
way for the purpose of constructing and inspecting the City's new channel
improvements
Alternative Action(s):
Do not approve Agreement No D98-119, deny authorization, and direct staff on how to
proceed with the project. Delays ,n the City's project may jeopardize the grant status and
the County's project.
Analysis:
The Orange County Flood Control District is in the final stages of design for the flood
control improvement plans and special provisions for the next reach of the East Garden
Grove Wintersburg Flood Control Channel, Facility No_ C05 During the preliminary
design phase of the channel improvements the City received a FEMA grant for the
convergence improvements of the City channel with the County channel
In May 1998, a grant of approximately $425,000 was awarded to the City from FEMA for
the design and construction of the improvements to the City's Channel convergence with
the County's Channel
Staff immediately opened negotiations with the District to incorporate the design and
construction of the City's channel into their project_ Agreement 98-119 is the result of
those negotiations_ Under the terms of the agreement, the District will construct the
improvements to the City's Corsican (Murdy) Channel as part of their East Garden Grove
Wintersburg Flood Control Channel improvement project. The City will reimburse the
District using FEMA grant and City Drainage funds.
Per agreement D98-119 the City is required to deposit $400,000 with the District for the
design and construction of the new channel within 90 days from the date the contract is
awarded by the County Board of Supervisors. This action is anticipated in February 2000
The City must approve and execute this agreement before the County can send the project
out to formal bid
2050 murdy agreement with coun -3- 11/17/99 11-54 AM
REQUEST FOR COUNCIL ACTRN
MEETING DATE: 12-06-99
Environmental Status:
DEPARTMENT ID NUMBER: PW 99-123
The Orange County Flood Control District E.I.R. No_ 560 certified in 1998 is on file with the
District
Attachment(sl:
1 _ I Agreement Number 98-119
2_ 4 Location Map
Doc # 36622.jm
RCA Author: S.E.K.
2050 murdy agreement with coun -4- 11117199 11:54 AM
rIL
ATTACHMENT 1
1
r
ko
1Y PLOCA RIN
ll•t1.19
•
RCA ROUTING SHEET
INITIATING DEPARTMENT:
PUBLIC WORKS ENGINEERING
SUBJECT:
Approval of Agreement D98-119 with Orange County Flood
Control District
COUNCIL MEETING DATE:
December 6, 1999
RCA ATTACHMENTS
STATUS
Ordinance (wlexhibits & legislative draft if applicable)
Not Applicable
Resolution (wlexhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
Contract/Agreement (wlexhibits if applicable)
(Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If. applicable)
Not Applicable
Findings/Conditions for Approval andlor Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORWARDED
Administrative Staff —
[(�
Assistant City Administrator Initial
City Administrator (Initial)
City Clerk
,
EXPLANATION FOR RETURN OF ITEM: _
2 i�� •'L{c!u
or v
RCA Author: S.E.K. Doc 0 36622
TO 1318m LI/S OF GOTHAIRI) I.
INCLUDING CONFLUENCE WITH MURDY
CHANNEL
MURDY PA
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FOR STATION REFERENCE SEE DWG NO.
1�i y �l; ��• � ; �1 �1+�,' 94 AL99 ,Q05-101-11 SHEET 4 OF 30
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ATTACHMENT 2
Cl TY CHANNEL
(APPROX. AREA)
PF&RD - CURREN TL Y
IN DESIGN PHASE.
(APPROX. AREA)
LOCATION MAP
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
0
rY
0
0
NOT TO SCALE
C05
0%a
W-P-.Jl