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HomeMy WebLinkAboutEdinger Storm Channel - Facility No. C05S05 - Parcel 104 - E Council/Agency Meeting Held: Deferred/Continued to: App ved El Conditionally Approved ❑ Denied �i ler ' Signat r Council Meeting Date: December 19, 2011 Department ID Number: PW 11-067 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION 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 Director of Public Works to execute an Easement Deed to the Orange County Flood Control District for upgrading the existing drainage channel located near the 405 Freeway and Edinger Avenue Statement of Issue: The Orange County Flood Control District (District) is in the process of upgrading the existing drainage channel located near the 405 Freeway and Edinger Avenue. The project requires an easement to be granted to the District for that portion of their facilities under Edinger Avenue. Financial Impact: No impact, there will be no net cost to the City. Recommended Action: Motion to: Approve and authorize the Director of Public Works to execute the "Easement Deed" from the City of Huntington Beach to the Orange County Flood Control District. Alternative Action(s): Do not authorize the Director of Public Works to execute the Easement Deed from the City of Huntington Beach to the Orange County Flood Control District and direct staff accordingly. xB -1 7s- Item 11. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 12/19/2011 DEPARTMENT ID NUMBER: PW 11-067 Analysis: The Edinger Channel (Channel), a tributary to the East Garden Grove Wintersburg Channel, was constructed in 1963 and has been operational ever since. As a part of the ultimate 100-year flow improvements to the Channel, the Orange County Flood Control District (District) is currently constructing the Edinger Storm Channel Improvements (Facility C05S05). The improvements are designed to minimize flooding in the area and include the removal and replacement of the trapezoidal channel with a rectangular U- channel, the replacement of a culvert under Edinger Avenue from a single 63-inch pipe to double 84-inch pipes and the replacement of a culvert under 1-405 from a single 63-inch pipe to double 66-inch pipes (Attachment 2). During preparation for this improvement project, the District discovered that, for unknown reasons, it had not originally acquired the necessary easements along a portion of the Channel; specifically the culvert crossing under Edinger Avenue. Consequently, at this time, the District is requesting the grant of the easement to complete the administrative portions of the project and allow the improvements to proceed. The District has approved/accepted the Easement Deed (Attachment 1) and requested that it first be signed by the City and then returned to the District for final execution. Planning Commission Action: Prior to project commencement, the Planning Commission took formal action on March 24, 2009, and adopted Resolution No. 1630 which approved General Plan Conformance No. 09-001, determining that the proposed improvements to the Edinger Storm Channel are in conformance with the goals, objectives, and policies of the General Plan (Attachment 3). Public Works Commission Action: Not Applicable for this action. Environmental Status: Not applicable for this action. Strategic Plan Goal: Maintain and Enhance Public Safety Attachment(s): 1. Easement Deed from the City of Huntington Beach to Orange County Flood Control District 2. Various Exhibits of Edinger Channel Improvements 3. Planning Commission Notice of Action — General Plan Conformance 09-001 (Edinger Storm Channel Improvements) Item 11. - 2 HB -1 76- ATTACHMENT # 1 RECORDED AT THE REQUEST OF, Recorded in Official Records, Orange County AND WHEN RECORDED RETURN TO: Tom Daly, Clerk-Recorder lllllllllll llllllllllluululllllll lllUIIIIIIulllllll llllllllllllllllulllll 24.00 County of Orange 2012000011802 8:32 am 01/10/12 OC Public Works 143 413 E01 A04 5 Real Estate Services 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 300 North Flower, 6th Floor Santa Ana, CA 92703 CONFORMEDCOPY ATTN: Kingsley Wong SPACE ABOVE THIS LINE FOR RECORDER'S USE This is to certify that this document is exempt from recording fees per Govt. Code.Sec.27383 and is exempt from Document Transfer Tax per Rev. & Tax Code 11 22 Incorporated, City of Huntington Beach By: Project/Parcel No: C05S05-104 OC Pt r s— al Estate Services Project Name: Edinger Channel EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Huntington Beach, a California municipal corporation, hereinafter referred to as "GRANTOR," does hereby GRANT to the Orange County Flood Control District, a body corporate and politic, hereinafter referred to as "DISTRICT," a perpetual easement and right-of-way for the construction, operation, maintenance, improvement, and repair of flood control facilities and for water conservation purposes in, over, under, and across that certain real property(Parcel 104) in the City of Huntington Beach, County of Orange, State of California described as: (See Exhibit"A" for legal description and Exhibit`B" for depiction, attached hereto and by reference made a part hereof.) Nothing in this Deed is intended nor shall anything in this Deed be construed to transfer to DISTRICT or any of its successors or assigns or to relieve GRANTOR or its successors or assigns or predecessors in title of any responsibility or liability GRANTOR or its successors or assigns or predecessors in title now has, has had, or comes to have with respect to human health or the environment, including but not limited to responsibility or liability relating to hazardous or toxic substances or materials(as such terms as those used in this sentence are defined by statute, ordinance, case law, governmental regulation, or other provision of the law.)Furthermore, DISTRICT may exercise its rights under law to bring action, if necessary, to recover clean up costs and penalties paid, if any, from GRANTOR or any others show are ultimately determined by a court of competent jurisdiction and/or a federal, state, or local regulatory or administrative governmental agency or body having jurisdiction, to have responsibility for said hazardous toxic 1 P substances or materials upon, within, or under the real property interests transferred pursuant to this Deed. Notwithstanding the foregoing, GRANTOR shall have no responsibility or liability for, and DISTRICT shall be and remain liable for any claims, losses,injuries or damages which occur as a result of hazardous or toxic substances or materials which are currently present on the real property and are disturbed as a result of DISTRICT'S operations upon, within, or under the real property interests transferred pursuant to this Deed, or any claims, losses, injuries or damages which occur as a result of hazardous or toxic substances or materials which become located on the real property as a result of DISTRICT'S operations upon,within, or under the real property interests transferred pursuant to.this Deed. By acceptance of this grant of easement, DISTRICT hereby agrees to protect, defend, indemnify and hold harmless GRANTOR, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including but not limited to those resulting from death or injury to DISTRICT'S employees and damage to DISTRICT'S property, or claims relating tp hazardous or toxic substances or materials as set forth above, arising directly or indirectly ou0of the obligations or operations on the property herein described undertaken by DISTRICT, caused in whole or in part by any negligent act or omission of DISTRICT, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of GRANTOR. DISTRICT will conduct all defense at its sole cost and expense and GRANTOR shall approve selection of DISTRICT'S counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by DISTRICT. Dated: Z2, J D/1 CITY OF HUNTINGTON BEACH A California municipal rporation By: Travis Hopkins (print name) Director of Public Works (Title) APPROVED AS TO FORM JEpNNIFER McGRATH,City Attorney By Pahl D'Alessan&o Assistant City Attorney 2 4CKhtClWLEDG.MENT STATEOF CALIFORNIA COUNTY OF 1X•A)6C _2 On 7��,P� 2011,before me �.• `9,2.7, / / uG (Here insert name drid.title of'off personally appeared S who proved to me on the basis of satisfac ory evidence.to be the person whose namCAnity e subscribed to the within instrument and acknowledged to me that ls# t# ey exec ed the .samweir authorized capacity(),and that b I �I,e�t it signatureK on the instrument the person,or tpon behalf of which the person 'j.acted; exulted 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 h and official seal. R L.ESPARZA Commission# 1857021 c za llotary Public-CaliforniaSignature z Orange County M Comm.Expires Au 4,2013 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within 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 21,20.05 of the Board of Supervisors, and the ORANGE COUNTY FLOOD CONTROL DISTRICT consents to recordation thereof by its duly authorized officer. OR4GENTY FLOOD CON I,DISTRICT Dated; �- �` fZ- By , wards Manager, OC Facilities and Real Estate OC.Public Works PerMinite Order dated June 2.1,2005 Approved as to Forrn Office ofthe'County Counsel. Orange County,Ca fornia Ey _ :� .: _ o,... ,_• Date: Depu 8/3/10 3 'EXHIBIT "A" IJ ;lr�> ctrriv Edinger channel Paeilrty li;:CU5905. .strip of land,35,40 feet wade,,ih-that poftion of the Southeast.(quarter ofthe Southh vest Quarter of Section I3 together with that portion of the Nerrth half ofth�1`Tortl���rest Quarter'o Secfioti 24,'1'ownslip 5 South,range"11 W. 6st, of lZsnclio 1s Balsas,t the City of Intingtazt, Beaehh;County of'C?raxlge, State of t<altforn , as shown Q :a rnap recorded Whook S1 page 1. of Misplellazieous laps in thel offlee of the Cu xtty Recorder of said county; lying Within parcel l as showx4 on the knala recorded in book 6,'pages 16 and 17 of State highway Maps in the office of said CoWity;l ecorcler, lying 19.5Q'.feet;t�ortlieastetly anti 15. 4:feet southwesterly of th b lowing described reference line: Beg n ing:at-the intexseetici of°the northerly line:4f the°jaiid deserib�d as 1'arc i 1 iin the Direct r'i'Deed t67the"Cit, of V+le tsriinster,.rectirtied I)eeernber.l:1, 1"5b8.,,in book 8812 page}94 of Official records.it the office of said C6.t my recorder vials.a line.°that is par el ritlr and 1 l.£l+ feetmdheasterly°.from the sfluthwosterly linvyof said last-nentiazzed" aroel 1, describod in said deed as having a bearing of 5,44°32'?1"E grad a-length o£55{I.OS feet,tlzeztce F.44°3.?'2i°"V , 131.14 feet along said palydllel line to:the beginning of a tangent:curve,.concave southu esterly and having a radius of 44 0t3 feet: thence'X.brthwesterly 9,20 feet along said curve thrpugh.i:a central. angle of 11°5V.15", thence tangent to said curve N-56°30'S6"V1;,:39;37#eet to be hautida y li e of the City of H ton Beach as said boundary line is sliown on Tract No 2043;per aiap filed'in book 250,pales 17 through 1,9 of said Miscellaneous Maps„ The sidohnes:;ef said strip shall ba prolbnod or shortened.to terminate;northwesterly on. said City of 1~I;u tington Beach bourn lary a' southeasterly ors the southwesterly and southerly lilies of sand first mentioned Parcel I shown on'the reap recorded in book&,pages 16 and 17 of State Highway Maps., Containing 62.15 Square.Feet more or less.. ee l? HIBI :B attached and ley"reference made apart- APPRf3' 'ED NI ?ate; Jo Pavlik L.S. 3158 cv 2t}l4 Lion Date: lone 3 w � l ��'' tyt�,516$ �. o- i l3tllAl ; ♦ Y a .. .:. ... ,.. ".. 04 S4V I . line PC1. i . Stdt Aiy MOPS r� Y, r +, z Dail. q 'PA ;T . . . . :*:_:! Via' PdreBr! ..; ' 10tftl ti bf 1�ligtmvtty G!#y of WeStltEf 5tcrle Tzm AVE. 104,1 17. 73 C ly of Hunfinoon B6och Bdry 1 "" 5ectlrxa Llne Pircell Bmk 6 Pis 16 and 17 cf' d il'38'35` eSr L _:920, 9�s� k 56JT56W. 39-37 PaxeeII04 6215 Sa.Ft °cs Perked A90 2.4, 2010 QRANGI� COUNTY N TUBLI WORKS - RIGHT OF WAY ENG' EKING RMHT OF SAY M COW LED FROM PUBLIC IMC RD PROJECT, Edit er,.channel (C05S,35 Panel, 104) soar : " 200 30 jo ?007-01 P.REP,.8Y::N.lrund CHKD.LY:S.MR I PAT Ap4.2QI0 EST.:fase!e t REC.:OATE: O;R, Edinger ParcaE 104.d¢n ATTACHMENT #2 U U I__J • TORCHWOOD pR. Mr.FADDEN Y LN. o i BERMUDA B UDA \\C�by7 3i MIDWAY CITY PETERSNV J Vz r AV.LLJ AV. ° -�J STORM DRAIN SANDUSKY y EDCEM NT EL AIR R LN. 'Y p LN. (C05PO6) L FLIGHT AV. CIR' CIR. C . FAIRM T LN. " IJ+ CIR. LRAY AY to g z FL► T AV. rn CIR. CI . ,z,, x WOE w Z N O Z E3 -� Q Z �,. J O REWS W ' W O W ; N` AV. ST,ANDREWS Y Z END PROJECT WORTHY $ y DR. °s AV. La La _j PALOS VERDES STAR VIEW W PARK MER D INCRAM CIR CARNEGIE AV, Z AV, ,,, r- BOONE 0z ~ rn rn rn rn rn O N N V V CIR. ONYX ,p C W ROCKET AV. = c� CI �' d COR Y > K DBE L A W LARAMIE O Cr� O O CIR. p V. W m O CODY AV. m m a CULVERT o�/�C�' FURMAN Av �� ,, VOCE p � � '(An i SAN qN s>, W F= Wig -' (0 AV. _ice tau co ALDRICH AV. n ► V F' 4 ' op Z STARK ST. � V) La J LLAAZ DR. CULVERT `� V. g � W X HOLT AV.� co ; _ R° BEGIN PROJECT ED BANE r CIR. MocDDNALD AV. ,� z r 6 J o r tti AV. ; ORANGE COUNTY OC PUBLIC WORKS LOCATION MAP EDINGER STORM CHANNEL (C05SO5) FROM EAST GARDEN GROVE-WINTERSBURG CHANNEL (C05) TO 1765FT U/S OF EDINGER AVE. SCALE: 1" = 200' DATE: MAY 2008 C05SO5 location map.dgn 7/8/2008 1:46:44 PM I I I n�V R/ I i n^I R/V V V I 83 FT 35.0 FT EX. TRAP. CHANNELi 12.25FT 1-405 i MAI NT. ROAD cn ----------------- -.-, I --------- LL S=.0625 w m 20.0 FT J LU ORANGE COUNTY FLOOD CONTROL OC PUBLIC WORKS EDINGER STORM CHANNEL FACILITY NO. C05S05 PROPOSED— U—CHANNEL TYPICAL SECTION NOT TO SCALE INOVEMBER 16,2007 Edinger Storm Channel -Rough X-Sections.dgn 7/8/2008 1:41:59 PM 1 EX. GROUND N M 0 N W (484-IN. e184-1N. XS N. LOOKING UPSTREAM ORANGE COUNTY FLOOD CONTROL OC PUBLIC WORKS EDINGER STORM CHANNEL FACILITY NO. C05S05 PROPOSED RCPs UNDER EDINGER AVE. TYPICAL SECTION NOT TO SCALE JUNE 24,2008 Edinger Storm Channel -Rough X-Sections.dgn 7/8/2008 1:43:00 PM TOP OF PAVEMENT z 0 n 1 PIPE DIA. 1 PIPE DIA. / \ 1 E RCP 0 66-IN RCP � � 0 63-IN RCP H— LOOKING UPSTREAM ORANGE COUNTY FLOOD CONTROL OC PUBLIC WORKS EDINGER STORM CHANNEL FACILITY NO. C05S05 PROPOSED RCPs UNDER 1-405 TYPICAL SECTION NOT TO SCALE JUNE 24,2008 Edinger Storm Channel -Rough X-Sections.dgn 7/8/2008 1:43:34 PM ATTACHMENT #3 ®�® Huntington Beach Planning Commission 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION March 25, 2009 Public Works Dept. City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT: GENERAL PLAN CONFORMANCE NO. 09-001 (EDINGER STORM CHANNELIMPROVEMENTS) APPLICANT: Public Works Dept., City of Huntington Beach REQUEST: To determine if proposed improvements to the Edinger Storm Channel are in conformance with the goals, objectives, and policies of the General Plan. PROPERTY OWNER: Orange County Flood Control District, 300 N. Flower Street, Santa Ana, CA 92702 LOCATION: Adjacent to the 1-405 freeway between Newland Street and Edinger Avenue. DATE OF ACTION: March 24, 2009 On Tuesday, March 24, 2009 the Huntington Beach Planning Commission took action on your application, and approved your request by adopting Resolution No. 1630, approving General Plan Conformance No. 09-001. Attached to this letter are Resolution No. 1630 and the findings of approval. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of One Thousand, Five Hundred Forty-One Dollars ($1,541.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Two Thousand Three Hundred Seventy-Nine Dollars ($2,379.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is April 3, 2009 at 5:00 PM. Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb.org Notice of Action GPC 09-001 March 24,2009 Page 2 If you have any questions, please contact Hayden Beckman, Planning Aide, at hbeckmana-surfcity-hb.org or at (714) 374-5317 or the Planning Department Zoning Counter at (714) 536-5271. Sincerely, Scott Hess, Secretary Planning Commission By: --��,6--� a,A Herb Fauland, Planning Manager er SH:HF:H B:lw Attachments: 1. Findings for Approval—GPC No. 09-001 2. Resolution No. 1630 c: Honorable Mayor and City Council Chair and Planning Commission Fred Wilson, City Administrator Scott Hess, Director of Planning Bill Reardon, Division Chief/Fire Marshal Leonie Mulvihill; Senior Deputy City Attorney Steve Bogart, Senior Civil Engineer Gerald Caraig, Permit-Plan Check Manager Property Owner Project File ATTACHMENT NO. 'I FINDINGS FOR APPROVAL GENERAL PLAN CONFORMANCE NO. 09-001 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the proposed project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15306 of the CEQA Guidelines because the project involves information collection which does not result in major disturbance to an environmental resource. FINDINGS FOR APPROVAL—GENERAL PLAN CONFORMANCE NO. 09-001: The proposed upgrades to the existing Edinger Storm Channel for the purpose of providing the desired level of flood protection is consistent with the goals, objectives, and policies of the City's General Plan and the Land Use Element designation of Right of Way on the subject property. The following goals, objectives and policies pertain to the proposed storm channel improvements: Utilities Element Goal U 3: Provide a flood control system which is able to support the permitted land uses while preserving the public safety; upgrade deficient systems; and pursue funding sources to reduce the costs of flood control provision in the City. Objective U 3.1: Ensure that adequate storm drain and flood control facilities are provided and properly maintained in order to protect life and property from flood hazards. Policy U 3.1.1: Maintain existing public storm drains and flood control facilities; upgrade and expand storm drain and flood control facilities. Policy U 3.1.2: Coordinate with County agencies to improve the County's facilities. The proposed improvements will provide an increased flow capacity of storm water runoff, thereby reducing the risk of overflow and subsequent damages to the areas surrounding and serviced by the channel. The project will allow inter-agency coordination associated with storm channel maintenance and upgrade construction to provide adequate drainage and flood protection to areas north of the 1-405 freeway between Beach Boulevard and Newland Street in the cities of Huntington Beach, Westminster, and the Midway City neighborhoods. G:\PC\NOA\09\3-24-09 GPC 09-001 Edinger Storm Drain Attachment 1.1 RESOLUTION NO. 1630 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTIINGTON BEACH FINDING PROPOSED IMPROVEMENTS TO THE EXISTING EDINGER STORM[DRAIN CHANNEL IN CONFORMANCE WITH THE GOALS,OBJECTIVES, AND POLICIES OF THE GENERAL PLAN (GENERAL PLAN CONFORMANCE NO.09-0D) WHEREAS, the Government Code of the State of California, Section 65402,provides that a local planning agency review any public structure to be constructed or authorized for conformity with the local General Plan; and WHEREAS,the Public Works Department has submitted a request for General Plan Conformance review of proposed construction improvements to an existing storm drain channel and associated infrastructure; and WHEREAS, staff has reviewed a description of the improvement project and submitted it to the Planning Commission for review on March 24, 2009; and WHEREAS, staffhas indicated applicable General Plan goals, objectives, and policies to establish conformance with the General Plan(Exhibit A). NOW,THEREFORE,BE IT RESOLVED THAT the Planning Commission of the City of Huntington Beach finds the proposed improvements to the existing Edinger Storm Channel for the purposes of providing greater flood protection and water drainage capacity in conformance with the goals, objectives, and policies of the General Plan. PASSED,APPROVED AND ADOPTED by the Planning Commission of the City of Huntington Beach at a regular meeting held on the 2e day of March 2009,by the following roll call vote: AYES: Speaker, Mantini,Farley, Shier Burnett,Scandura,Livengood,Delgleize NOES: None ABSENT: None ABSTAIN: None ATTEST: r Scott ess, retary Pl g Commission Chairperson (M 1630) f City of Huntington Beach su Fc s '�r e 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk ` Joan L. Flynn, City Clerk December 22, 2011 County of Orange — OC Public Works Attn: Kingsley Wong 300 N. Flower Street, 6th Floor Santa Ana, CA 92703 Dear Mr. Wong: Enclosed please the original, executed Easement Deed from the City of Huntington Beach to the Orange County Flood Control District for upgrading the existing drainage channel located near the 405 Freeway and Edinger Avenue. Upon complete recordation, please return a copy to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Feel free to contact me if there are any questions or concerns at (714) 536-5404. Thank you very much for your assistance. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure G:followup:agnntltr Sister Cities: Anjo, Japan ♦ Waitakere,New Zealand