HomeMy WebLinkAboutM. Westland LLC - 2014-04-07AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above entitled matter. I am the principal clerk
of the Huntington Beach Wave, a newspaper
that has been adjudged to be a newspaper of
general circulation by the Superior Court of the
County of Orange, State of California, on July 1,
1998, Case No. A-185906 in and for the City of
Huntington Beach, County of Orange, State of
California; that the notice, of which the annexed
is a true printed copy, has been published in each
regular and entire issue of said newspaper and
not in any supplement thereof on the following
dates, to wit:
March 5, 2015
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
March
Signature
Huntington Beach Wave
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
Proof of Publication
FINAL PUBLIC NOTICE
City of Huntington Beach
Storm Water Rehabilitation Project
HMGP- 1911-11-11
The U.S. Department of Homeland Security's Federal Emergency Management Agency
(FEMA) intends to provide Hazard Mitigation Grant Program funding, through the California
Governor's Office of Emergency Services to the City of Huntington Beach, to mitigate the
flood hazard to residents and structures in the vicinity of the intersection of Heil Avenue'
and Gothard Street in Huntington Beach, Orange County, California. Pursuant to Title 44 of
the Code of Federal Regulations, Part 9, and Executive Order 11988 (Floodplain Manage-
ment), FEMA hereby provides interested parties with a statement of its final decision and
explains the relevant factors that it considered in making this determination..
The proposed action, construction of a new stormwater pump station and outlet discharge
facilities, will correct a deficiency with the capacity of the pump station near the intersection
of Heil Avenue and Gothard Street to adequately drain and discharge stormwater from the
adjacent residential areas during flood events. Under the proposed action, the new
stormwater pump station and outlet discharge facilities will be installed on the east side of
the Murdy Flood Control Channel immediately across the channel from the existing pump
station. The proposed pump station will have four pumps: two existing pumps from the
existing pump station, which will be relocated to the new pump station, and two additional
pumps. Anew outlet system -that discharges to the flood control channel -will also be con-
structed. The existing pump station building will remain in place.
Panel Number 232 of 539 of the Flood Insurance Rate Map for Orange County; California.
and Incorporated Areas (Map Number 06059CO232J), effective date December 3, 2009,
shows the project area is in Zone A, an area subject to flooding during a 100 year flood
event where no base flood elevation has been established. A map showing the location of
the Proposed Action can be requested from the City of Huntington Beach, 2000 Main
Street, Huntington Beach, CA 92648. The point -of -contact is Jim Wagner, who can be
reached at (714) 536-5467 or JWagner@surfcity-hb.org.
FEMA considered the "no action" alternative in addition to the proposed action. The ".no
action" alternative will have the continued risk of repeated and costly damage to private
property from flooding. The proposed action is the most cost-effective mitigation strategy,
and it will address both the short-term and long-term effects of flood damage in the area.
Therefore, the proposed action is the only feasible strategy to mitigate the existing storm
drain flooding problem. Best management practices will be included in the project design
to avoid any adverse impacts to the floodplain during construction. The proposed action
will not result in any modification to the floodplain that would have an adverse impact on
the floodplain, and will not have any adverse impacts on life and property or beneficial
floodplain values. According to the City, the project conforms to State and local floodplain
standards. The City of Huntington Beach will ensure that the project is constructed as pro-
posed.
Interested persons can obtain additional information about this proposed action by writing
to Mr. Alessandro Amaglio, Region IX Environmental Officer, FEMA, 1111 Broadway, Su to
1200, Oakland, California 94607. All requests should be submitted to this address and re-
ceived no later than March 23, 2015. -
Published: The Huntington Beach Wave March 5, 201510022509 _
r
Dept. ID PW 14-021 Page 1 of 1
Meeting Date: 4/7/2014
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 4/7/2014
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
SUBJECT: Authorize the execution of a One -Day Right of Entry License for an
Environmental Assessment for the Proposed Heil Avenue Storm Water
Rehabilitation Proiect located at 16371 Gothard Street
Statement of Issue:
A license agreement is being requested by M. Westland LLC, a private property owner, to allow
City, State and Federal staff to access his property.
Financial Impact: Not Applicable
Recommended Action:
Authorize the Mayor and City Clerk to execute the "One -Day Right of Entry License" (163-71
Gothard Street), in a form approved by the City Attorney for the proposed Heil Avenue Storm Water
Rehabilitation Project.
Alternative Action(s): Deny the recommended action and provide staff with an alternative action.
Analysis:
In May 2012, the City received a letter from the California Emergency Management Agency
(CaIEMA), indicating that the City's grant application for the Heil Avenue Storm Water Rehabilitation
Project was selected for construction funding. The project is proposed to be constructed on
property that is currently privately held. The City has included funding in its current budget to
acquire the property. In order to continue with the construction grant funding process, it is
necessary to have a site assessment performed by Federal Emergency Management Agency
(FEMA) and CalEMA staff. To allow this access onto private property, the property owner, M.
Westland LLC, requires a license agreement with the City. The Right of Entry License will
indemnify the owner for all potential claims arising out the one -day site visit. The visit consists of
walking the vacant site, allowing FEMA, CalEMA and City representatives to photograph and
perform measurements.
Environmental Status: Not Applicable
Public Works Commission Action: Not Applicable
Strategic Plan Goal: Improve the City's infrastructure
Attachment(s):
1. Location Map
2. One -Day Right of Entry License
Item 11. - 1 NB -142-
ATTACHME,NT #1
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Item 11. - 2
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ONE -DAY RIGHT OF ENTRY LICENSE
This One -Day Right of Entry License ("LICENSE") is made and entered into this 4-7
day of
`. , 2014, by and between the City of Huntington Beach, a municipal corporation and
public body corporate and politic of the State of California ("CITY"), on the one hand, and M.
Westland LLC, a Delaware limited liability company, the owner of the real property situated at
16371 Gothard Street, Huntington Beach, CA 92647 ("OWNER"), on the other.
RECITALS
A. WHEREAS, OWNER is the owner of certain real property, Orange County
Assessor's Parcel Number 142-122-06, commonly referred to as 16371 Gothard Street,
Huntington Beach, CA 92647 ("PROPERTY");
B. WHEREAS, the CITY desires to obtain OWNER's permission to enter the
PROPERTY, on a temporary one -day basis, to have representatives of the CITY and Federal
Emergency Management Agency ("FEMA") inspect a portion of the same for potential use as
a location for a flood control pumping station;
C. WHEREAS, the CITY and OWNER wish to enter into this LICENSE, whereby
the OWNER will allow the CITY, and under the CITY's direct supervision and oversight
FEMA representatives, to enter the PROPERTY, on a temporary one -day basis, for the purpose
of having the CITY and FEMA inspect the Property's potential use as a location for a flood
control pumping station,
NOW, THEREFORE, the CITY and OWNER agree as follows:
TERMS AND CONDITIONS
1. Right of Entry. Entry by CITY and FEMA representatives onto the
PROPERTY shall be allowed by OWNER only upon OWNER and CITY's advance mutual
execution of this LICENSE, and then pursuant to the terms and conditions of this LICENSE.
2. Term. This LICENSE shall only be for entry during daylight hours only on a
mutually agreed upon day in 2014 ("TERM"). The TERM may be extended only by written
notice, signed by an authorized representative of OWNER in advance, delivered to CITY,
and then only in the sole and absolute discretion of OWNER.
3. Indemnification. To the fullest extent allowable by law, CITY waives all claims
against OWNER, its members, managers, agents and employees, for loss or damage caused by,
arising out of, or in any way connected with the exercise of this LICENSE, and CITY agrees to
indemnify, defend, protect and hold harmless OWNER, its members, managers, agents and
employees, from any and all loss, damage or liability, including, without limitation, legal fees,
expert witness or consultant fees and expenses related to the response to, settlement of, or
defense of any claims or liability, which may be suffered or incurred by OWNER, third parties,
CITY, CITY'S agents or contractors, representatives, or invitees, including but not limited to
agents or employees of FEMA, caused by, arising out of, or in any way connected with
exercise of the rights hereby granted. CITY shall be solely responsible and liable for any
damage to equipment, personal property, real property, or persons caused by, arising out of, or
in any way connected with the exercise of this LICENSE.
4. Reservation of Rights. OWNER reserves the right to use the PROPERTY in
any manner during the TERM, provided such use does not unreasonably interfere with the
inspection as described above. OWNER further reserves the right to have an OWNER
representative
present to observe the inspection.
S. No Waste, Destructive Testing or Excavation. No waste, destructive testing or
excavation on the PROPERTY shall be permitted or allowed by the CITY or FEMA during the
TERM of this LICENSE.
6. Restoration of Property. Upon the termination or revocation of this LICENSE,
CITY shall, at its own cost and expense, restore the PROPERTY to the same condition in
which it was prior to CITY's and FEMA's entry upon receipt of OWNER's written demand for
such restorative work. In the event CITY fails to restore the PROPERTY to its prior condition
within ten (10) business days after receipt of such a written demand, OWNER may proceed
with any necessary restorative work at the CITY's expense.
7. Non -Binding Rights. Provision of the temporary rights herein to CITY and
FEMA does not imply intent by OWNER nor does it bind OWNER to enter into any
subsequent agreements with CITY or FEMA. In particular, it does not imply or bind OWNER
to sell all or any portion ofthe PROPERTY.
8. Continuing Liability. No termination of this LICENSE shall release CITY from
any liability or obligation hereunder resulting from any acts, omissions or events happening
during the TERM and restoration to its prior condition.
Page 2
9. Counterparts. This License may be executed in one or more counterparts, each
of which shall be deemed an original but all of which together shall constitute one and the
same instrument.
10. Compliance with the Laws of California. CITY shall comply with all
California laws and regulations while exercising its rights found herein.
IN WITNESS WHEREOF, CITY and OWNER hereto have executed this LICENSE
on the date first written above.
CITY OF HUNTINGTON BEACH,
INITIATED AND APPR VED:
Dir ctor, " hief
APPROVED AS TO FORM
City Atto e' y
M. WESTL AND, ,I:.,C
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0
Title: Member