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HomeMy WebLinkAboutORANGE COUNTY WATER DISTRICT GROUNDWATER MONITORING WELL - 1997-11-03 (4) Council/Agency Meeting Held= 11 ca•25 Deferred/Continued to: Qr'Approve ❑ Conditionally A proved ❑ Denied City Cle 's Signature Council Meeting Date: November 3, 1997 Department ID Number: 97:�954, CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION 6.; s "�" - T �C7 - SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator ?' PREPARED BY: ROBERT J. FRANZ, Deputy City Administrat % . Lr SUBJECT: APPROVAL OF A LICENSE AGREEMENT WITH THE O NGE COUNTY WATER DISTRICT FOR MONITORING OF TWO WELLS Statement of Issue,Funding Source.Recommended Action,Alternative Actions),Analysis.Environmental Status,Attachments) Statement of issue: The Orange County Water District (OCWD) is seeking permission to install two groundwater monitoring wells in Huntington Beach. One monitoring well will be located on the north side of Villa Nueva Drive, just south of Slater Avenue and east of Edwards Street. The other monitoring wells will be located within Huntington Street right-of- way, north of Garfield Ave, approximately 232', on the west side of the street. Funding Source: The Orange County Water District (OCWD) will fund all costs including drilling, installation and cleanup. Recommended Action: Motion to: 1. Approve the granting of a license agreement with the Orange County Water District for the monitoring of each of two (2) wells; and 2. Authorization for the Mayor and the City Clerk to execute the agreement Alternative Actions : Request Orange County Water District (OCWD) find alternate locations for well sites. Analysis: The Orange County Water District (OCWD) is requesting permission to install two (2) ground water monitoring wells in Huntington Beach. The purpose of monitoring wells is to enable OCWD to collect and analyze water quality samples from the underlying aquifer. The acquifers near the proposed well locations receive highly treated reclaimed water which has been injected by the District operated Talbert Seawater Barrier. The construction of the two monitoring wells is a requirement of the revised operating permit granted to OCWD in 1991 by thr Regional Water Quality Control Board. (5) • 11/03/97 - Councilftency Agenda - Page 5 E-2. (City Council) License Agreements With The Orange County-Water District (OCWD)- For Installation And Groundwater Monitoring Of Two Wells -Locations: (HMB-6 site) nls Villa Nueva Drive, slo Slater Avenue And e/o Edwards Street And (OCWD-M38 site)Within Huntington Street Right-Of-Way, n/o Garfield Avenue - (600 25) 1. Approve the granting of License Agreements with the Orange County Water District for the monitoring of each of two (2) wells; and 2. Authorization for the Mayor and City Clerk to execute the License Agreements_ Submitted by the Deputy City Administrator-Administrative Services Director [Approved 6-0 -- Green: out of room] E-3. (City Council)Approve Consultant Agreement For The Preparation Of Plans And Specifications For The Oak View Library Expansion Project-CC-1047-Westberg & White, Inc. -w/o Beach Boulevard -slo Warner- (600.10) 1. Approve the selection of Westberg &White, Inc, for the preparation of the plans, specifications, and estimate for the design of the Oak View Library Expansion, CC-1047, for$23,000; 2. Authorize the Public Works Director to expend a total of$25,000 to cover the contract amount of$23,000, and supplemental expenditures of S2,000; and 3. Approve and authorize the Mayor and City Clerk to execute the Professional Services Contract between the City of Huntington Beach and Westberg& White Inc. to Prepare Plans and Specifications for Oak View Library Expansion for a fee of S23,000. Submitted by the Public Works Director [Approved 6-0 -- Green: out of room] E-4. (City Council ARProvall of Professional Services Contract For Water System Master Plan Construction And Financing Schedule Update-ASL Consulting Engineers - (600.10) Approve the Professional Services Contract between the City of Huntington Beach and ASL Consulting Engineers for Updating of Water System Master Plan/Financing Plan in the amount of$30,800 with ASL Consulting Engineers. Submitted by the Public Works Director And Deputy City Administrator-Administrative Services Director [Approved 6-0 -- Green: out of room] E-5. : (City Council) Approve The Release Of Bonds And Subdivision Agreement For Tract No. 14662 - PLC Land Company- Holly-Seacliff Specific Plan -elo Gothard Street-No Main Street- (120.60) Approve the release of PLC Land Company's Subdivision Agreement and Bond Nos. 3SM 886 088 00, 3SM 886 085 00, Tract No. 14662, Amencan Motorists Insurance Company, the securities fumished for Faithful Performance, Labor& Material and Monuments respectively, and instruct the City Clerk to notify the developer, PLC Land Company of this action and the City Treasurer to notify the bonding company of this action. Submitted by the Public Works Director [Approved 6-0 -- Green: out of room] E-6, (City Council) Appoint Acting City Administrator To Central Net Operations Authority( Board - (600.40) Appoint Ray Silver, Acting City Administrator, as Huntington Beach's Central Net Operations Authority (CNOA) Board Member replacing Michael Uberuaga, effective November 1, 1997. Submitted by the Fire Chief (CNOA Board Consists of the City Manager/City Administrator of the Cities of Fountain Valley, Huntington Beach and Newport Beach.) [Approved 6-0 -- Green: out of room] E-7. Deleted E-8. (City Council/Redevelopment Agency) Approve Continuation Of Mortgage Credit Certificate (MCC) Program - First Time Home Buyers Cooperative Agreement Between County& City - (5) #QUEST FOR COUNCIL ACION MEETING DATE: November 3, 1997 DEPARTMENT ID NUMBER: 97-054 The proposed monitoring of wells, when complete, will be enclosed in a concrete vault with a locking two-foot-by-two-foot steel cover that will be flush with road grade. The steel cover can support the weight of any vehicle. Environmental Status: Satisfactory as to City Fire and County requirements. Attachments : City Clerk's Page Number No. Description 1. 1 Area Map indicating sites 2. Copies of License Agreements RCA Robbie- RCAOCWD.DOC -2- 10123/97 10:20 AM ATTACHMENT �_ i • III Oil awl FLKET K PA cpdCA cwr LiR SFO LjA f r '7 ' - 'r .1 •vt �s PROPOSEDYOHiiORING 1 Oc*e} l f STa - , y AY�.CS WELLSs,E"SM-a YIA OR .1 I RSO w S Y J�OIIfES �NGT� CIA r ra CIA [ �W A ' Y 'O<1 tia+4J1 po DR AT �. s IIRVA U•� a.r s W 7wo� W i r7D (yQ FALL I CA, J PARK - -S -w' cts - a a ,� s wrpu 31 _1 r hU �' � ~ �` •'.* l ENTR4t L-8 j1vb T 7400 AV of 9 ? �.[R .�y4. � '� 1Ql i�urF tt 9RJ471M ►Nbhilli U_�� y r G , 1%My � DR_!8 �c�c rarp ��/ �� �F qk /� 'q�TV + LAY OR SLL[r 3 3 `OPT '4qp a mm rim q� KO ! V) my } L RcF ` W ILLjIRT [MT CAP�1.�� ELMS AY LIS AY tNRR1E7T! x 6 ,. nlrDil +� u lllfDfR� _— ra 1L le w AGW LfNL r �C11 c�� rIf ci. f •.u i to tit ba w 1 PARR r. I TA0 TERDR t r !R r / _ r a■ PROPOSED MONITORING / WELL SITE 0CW04A34 �RF[f{d AV t TIFif d[ � � [ AN R. - BEACH n urs � -• t� J GlN( 5 7501 AV ' h J am► 1I yfM 7100 DRA R v ME D+upc SfAtIIfF � rrr 't c; L YILLA" { crR '_ ct Canacc KL A Clt6 _HEAfTIIr6T011 n� j R 4_ X� _cyti M I SFACLf}]� f u K wa YQEtICTOWN liSEE � 1V c s� ;PAIrCCYlIlE v ST ri(xITA r=4 1• '•�-r r4;aft � r� t[drTI�GTdr AY s;• � 5„axis+sc a i 4 N as heir.,.l Ra Imp on aW4-4 and Mr-Md rah W-hg-9106 d,k IFOW PM XWS S�,cc�r�jl PROPOSED MONITORING WELL LOCATIONS - o,r pr ,r ATTACHMENT PI LASE COiUNLTE THIS INFORMATRQ� ran Fiecoraea in tr,e County We, California 9 GlarylLl - (Granville, Clerk/Recorder RECORDING REQL'LSTED BY AND I�llilli �llll�al!l��l l�llllll4��Nl!ll�l"111H{N{Illll Na Fee 112/5T WHEN RECORDED MAIL 1-111S DEED 19970576062 2. 14pm 1 AND MAIL TAX STATEMENT TO 005 22031869 22 42 Al2 a 6-00 21 -00 0.00 0.00 0.00 0.00 ()RANGE COUNTY WATER DISTRICT 10500 Ellis Ave_ P_O- Box 8300 Fountain Valley, CA 92728-8300 1 2 3 4 5 i 7 i ! 0 PG FEE A►F GIMS ►M CPT I CRT CPT 400 NM PEN PR POOR Exempt from Fee—Public Agencv (Government Code S_-cm)II 6IG3) -� 5 e.-NON iT Ui SYT CIT{0 TRANS TALK OA COG EXAM SPACE ABOVE FOR RECORDER'S WE ONLY TRW aGrf Docurnent THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION RaY frS0iK1+�' la'Y�[YO+�aPLupplPpf OG W 1,...,., �7 / G j ) .93"A R NO .Z i • LICENSE AGREEMENT THIS LICENSE AGREEMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a chartered city and municipal corporation, hereinafter referred to as" HUNTINGTON BEACI I," A N D ORANGE COUNTY WATER DISTRICT, herein referred to as "LICENSEE " WITNESSETH WHEREAS, LICENSEE acknowledges that HUNTINGTON BEACH owns an casement, right-of-way, or fee title to Huntington Street as shown on Exhibit "B" attached hereto and incorporation herein by reference (hereinafter "PROPERTY"), and WHEREAS, LICENSEE wishes to utilize that certain portion of PROPERTY paricularly described on Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "LICENSE AREA"), and WHEREAS, the proposed LICENSE AREA will not interfere with the present use of the PROPERTY by I IUNTINGTON BEACH NOW, THEREFORE, in consideration of the covenants and promises herein contained and the payment of the required fee by LICENSEE, HUNTINGTON BEACH does hereby grant to LICENSEE a license to enter upon and use PROPERTY of HUNTINGTON BEACI I for the purpose of constructing and maintaining monitoring well facilities (Well No. M-38) on that portion of PROPERTY in the manner and location herein described. This License is granted by HUNTINGTON BEACH to LICENSEE upon the following express conditions, to wit_ 1. LICENSEE hereby agrees to, and does hereby, indemnify and hold HUNTINGTON BEACH harmless from any liability or responsibility whatsoever for any darnage or injury of any kind whatsoever to any person or property by reason of said well facilities by LICENSEE upon PROPERTY and for any damage which might occur to said LICENSE AREA by reason of the use of PROPERTY by LICENSEE.. lax•f-.x�-mr! (.overnrne,nt Agency This document is solely for the C:l+y Or' HUN1114GTON BEACH official business of the City of Huntio r, ton f3cic!�, as con em- ('11y c;er plated un•-lor Government Code By-( Sec. 6103 and should be re-cardPO ePilly City Clerk free of chkrao. LICENSE AGREEMENT THIS LICENSE AGREEMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a chartered city and municipal corporation, hereinafter referred to as " HUNTINGTON BEACH," A N D ORANGE COUNTY WATER DISTRICT, herein referred to as"LICENSEE." WITNESSETH - WHEREAS, LICENSEE acknowledges that HUNTINGTON BEACH owns an easement, right-of-way, or fee title to Huntington Street as shown on Exhibit "B" attached hereto and incorporation herein by reference (hereinafter"PROPERTY"); and WHEREAS, LICENSEE wishes to utilize that certain portion of PROPERTY particularly described on Exhibit "A' attached hereto and incorporated herein by reference (hereinafter"LICENSE AREA"); and WHEREAS, the proposed LICENSE AREA will not 'interfere with the present use of the PROPERTY by HUNTINGTON BEACH_ NOW, THEREFORE, in consideration of the covenants and promises herein contained and the payment of the required fee by LICENSEE, HUNTINGTON BEACH does hereby grant to LICENSEE a license to enter upon and use PROPERTY of HUNTINGTON BEACH for the purpose of constructing and maintaining monitoring well facilities (Well No. M-38) on that portion of PROPERTY in the manner and Iocation herein described_ This License is granted by HUNTINGTON BEACH to LICENSEE upon the following express conditions, to wit: I. LICENSEE hereby agrees to, and does hereby, indemnify and hold HUNTINGTON BEACH harmless from any liability or responsibility whatsoever for any damage or injury of any kind whatsoever to any person or property by reason of said well facilities by LICENSEE upon PROPERTY and for any damage which might occur to said LICENSE AREA by reason of the use of PROPERTY by LICENSEE. Tax-Exempt-Gcvernment Agency This document 19 solely for the CITY OF HUNTINGTON, BEACH official business of the City qe n;c [?-3:kway, chic of Huntington Beach, as eontem- City C�er plated under Government Codo By. See. 6'103 and should be, recor.dAA puty City Clerk free of chnrrze. 2 LICENSEE agrees to so install and maintain well facilities so as not to cause any interference whatsoever with the use of PROPERTY by HUNTINGTON BEACH. 3. In the event HUNTINGTON BEACH's use of the LICENSE AREA shall at any time or times necessitate the rearrangement, reconstruction, reinforcement, modification or other changes of any of LICENSEE's facilities located on the LICENSE AREA, LICENSEE covenants and agrees that all such work shall be performed by Licensee or by any means authorized by it. 4. LICENSEE agrees that the use of the portion of PROPERTY for the well facilities will in no way create any right whatsoever in LICENSEE which is adverse to any rights of HUNTINGTON BEACH, and that the rights of LICENSEE are rights herein given by the License and no other rights whatsoever_ 5. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest Date of Execution herein set forth below the names of the signators hereto_ IN WITNESS WHEREOF, the parties hereto have caused this LICENSE AGREEMENT to be executed by their respective officers. CITY OF HUNTINGTON BEACH ORANGE UNTY WATER DISTRICT By — By G�-�—�--- Mayor President ATTEST: / By By City Clerk GENERAL 11.4i N„ DATE OF EXECUTION: DATE OF EXECUTION: "HUNTINGTON BEACH" "LICENSEE" APPROVED AS TO FORM: APPROVED AS TO FORM: By By zs 41 (Name) -Z}-� General Counsel rrl f � 6t,__c,,e � Orange County Water District DATE: gam'02 —9 -7 DATE: — 5--~ T 7 EXHIBIT "A" LEGAL DESCRIPTION LICENSE AGREEMENT AREA WELL NO. OCWD-M38 SITE A 10 FOOT WIDE PARCEL OF LAND SITUATED IN HUNTINGTON STREET, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. THE CENTERLINE OF WHICH BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF GARFIELD AVENUE AND HUNTINGTON STREET AS SHOWN ON A MAP OF TRACT NO. 14417 FILED IN BOOK 685, PAGES 45 AND 46, OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 000 00'30'WEST ALONG THE CENTERLINE OF SAID HUNTINGTON STREET 235.00 FEET; THENCE SOUTH 890 59' 30' WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTERLINE HEREIN DESCRIBED; THENCE CONTINUING SOUTH 890 59' 30'WEST 10,00 FEET TO THE TERMINUS OF SAID CENTERLINE HEREIN DESCRIBED. THE ABOVE PARCEL IS SHOWN ON AN EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF. F PREPARED BY: 7039 F e F CA��FO LYNN A. WKKLER, L.S. 7039 DATE: AUGUST 27, 1997 'DE X H I B I T E WELL NO. OCWD--M38 SITE I 14 30' 1 R/W 5-- � I s8Q,59'30"W 0 1 inch = .10 feet i 0.00' f� I T.P.0.B. W i a } W CD a 20.00' � z LICENSE Q w AGREEMENT o � AREA o Z Q (V d � N Z. t._ x t,j LLJ Q L� C� O z -- - - PP# 1727659E PP#4073442E I CENTERLINE INTERSECTION AND P.0.B. �- GARFIELD AVENUE 9- Ab �Q EEA DSON do ASSOCwTE5. INC. F F Su.ve7--g & VOPO-9 CO�$0113-12 .��. PREPARED BY _ 14122 Centrol Avenue. Su.te © LVN N A. WINKLER. L S. 7039 Ch.no. Co 9 t 7 t 0 DATE 8/28/97 (909) 364-1681 FAx (909) -564-t 78t c\caAw\awo\UARIr,•w57\7728txet.owc i • CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) THIS IS TO CERTIFY that the interest in real property conveyed by LICENSE AGREEMENT for Well No. M-38 from THE CITY OF HUNTINGTON BEACH to the ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California, is hereby accepted by the undersigned officer on behalf of the BOARD OF DIRECTORS OF THE ORANGE COUNTY WATER DISTRICT pursuant to authority conferred by Resolution of the BOARD OF DIRECTORS of the ORANGE COUNTY WATER DISTRICT, adopted on October 15, 1997, and the Grantee consents to recordation of said License Agreement. DATED: October 15, 1997. Barbara White, District Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • NO 59C7 State of County of On / . 9r7 before me,6 , DATE X, NAME-WLE OF OFFICER•E.G,'JANE E.NOTARY P C personally appeared C�t NAME(S)OF SIGNERS) ❑ personally known to me - OR - ❑ to be the persorowhose nam� is/ re subscribed to the within instrument and ac- BARBAPA knowledged to me that helsh a executed Cartvnlslaon i 1121212 No"PL"c—Carte the same in his/her l eir authorized ��Dw2a 2M capacity ie and tha y his/he ei signatur on the instrument the person (;dj;l or the entity upon behalf of which `t e persono acted, executed the instrument. WITNESS my hand and official seal. �� SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE OFFICER ` TITLE OR TYPE OF DOCUMENT TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL �4 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER — DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR Er7TITY(IES) - SIGNER(S)OTHER THAN NAMED ABOVE m1993 NATIONAL NOTARY ASSOCIATION-8236 Remmel Ave.P O_Box 7194-Canoga Park,CA 9 1 309-71 84 CALIFORNIA ALL-PURPOA ACKNOWLEDGMENT • d; Commiss•or; = 1157474 c< Pia �a,-,cxnia ;� State Of _ yet Orany _ — MyCcrnr - County of On �s1�5� /9 I _before me, De:e aa a`nd Tie a C.'.,(e q r Doe,,.,.Ury P personally appeared -y tL� a3 �ce-r .• . � N�rrN.S14r Sq�e:fs) _ personally known to me--OR—C.proved to me an the basis of satisfactory evidence to be the persons) ' whose name(s) is/are subscribed to the within instrument rr and acknowledged to me that he/she/they executed the IOOZZiaOsal'dar3 u►=Z)Aw same in his/her/their authorized capacity(ies), and that by Aruno:)a6uojo his/her/their signature(s)on the instrument the person(s), ( qujpo-osprid Am;oN + or the entity upon behalf of which the person(s) acted, t►LsLSI l M UO!n!WWo: executed the instrument. S WITNESS my hand and official seal. Sin x JOF Y 7� swgwlure Of Notary Pupht OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document �95 Title or Type of Document: 0 0 6✓1D Document Date: i1�519-7 _. Number of Pages: _s Signer(s) Other Than Named Above 6 w� �.jdc,., ..�a�.0 y� �,�� oe wo .� ' Capacity(ies) Claimed by Signer(s) Signer's Name: _. A.c.hJ _ Signer's Name: ti E Individual Individual D. Corporate Officer f—, Corporate Officer Title(s): _ - _ Title(s)- ❑ Partner--=l Limited n General ;: Partner—_ Limited General ?� Attorney-in-Fact I I Attorney-in-Fact 5 Trustee L Trustee Guardian or Conservator '. 0 Guardian oC Cor rvator L. Other: Top of[hL;-.,f.e•. I Other: '3p of- ,;r-0';c• Signer is Representing: I Signer Is Representing: O 1955 Na!ionei Na:a'y Asscc.ark n-5276 Fiem-net Ave,F O R0.7184•Ca.-wa Par:,CA 913p9.7 r 84 P•4 NO 59•_J faea•der Cali Tu�-Free ! r He �,1� CITY OF HUNTINGTON BEACH 20DO MAIN STREET CALIFORNiA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 6, 1997 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find two License Agreements between the City of Huntington Beach and the Orange County Water District (fee title Villa Nueva) and (fee title Huntington Street) to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the agreements when recorded and return to this office in the enclosed self-addressed stamped envelope Connie Brockway, CMC City Clerk Enclosures g-1followupldeedltvLicense Agreements - Villa Nueva - Huntington Street G lfollou-tjp`:dccdltr:Bridges America.jc (Telephone: 714.536.5227)