HomeMy WebLinkAboutState of California Department of Transportation - 2025-04-15 (2) oq'c GT, ' 2000 Main Street,
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City of Huntington Beach
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File #: 25-160 MEETING DATE: 4/15/2025
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, City Manger
VIA: Chau Vu, Director of Public Works
PREPARED BY: Jacob Aube, Senior Civil Engineer
Subject:
Approve License Agreement and Landscape Maintenance Agreement for the G&M Oil
Company Facility No. 70 Project at 19442 Beach Boulevard
Statement of Issue:
A License Agreement between the City and G&M GAPCO LLC (G&M Oil, the project developer), and
a Landscape Maintenance Agreement between the City and the State of California (Caltrans), are
presented for City Council approval and execution for the G&M Oil Company Facility No. 70 project
at 19442 Beach Boulevard (near intersection with Yorktown Avenue, as shown in Attachment 1).
Financial Impact:
No funding is required for this action.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute the "License Agreement between the
City of Huntington Beach and G&M GAPCO LLC, to Provide Installation and Maintenance of
Landscaping and Hardscaping Improvements in the Public Right-of-Way" on State Route 39 (Beach
Boulevard) for the G&M Convenience Store project (Attachment 2), and instruct the City Clerk to
record the agreement with the Orange County recorder; and,
B) Approve and authorize the Mayor and City Clerk to execute the Landscape Maintenance
Agreement between the City of Huntington Beach and State of California (Caltrans) for improvements
within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the G&M Convenience
Store project (Attachment 3).
Alternative Action(s):
Do not approve, and direct staff accordingly.
Analysis:
The G&M Oil Company Facility No. 70 project is located at 19442 Beach Boulevard, near the
City of Huntington Beach Page 1 of 2 Printed on 4/9/2025
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) 7� 307
File #: 25-160 MEETING DATE: 4/15/2025
intersection with Yorktown Avenue. The project's development requirements included the
maintenance responsibilities of hardscape, landscape, irrigation, and street lighting improvements
within State Route 39 along the project frontage. To document this responsibility, the project
developer is required to execute a License Agreement for all hardscape, landscape, irrigation, and
street lighting improvements within State Route 39 Right-of-Way. This agreement also addresses
sidewalk cleaning, disposal of trash, and all other aspects of maintenance.
The California Department of Transportation (Caltrans), the owner of State Route 39 Right-of-Way,
will only enter in maintenance agreements with governmental agencies, not private developers.
Consequently, there are two agreements necessary to adequately address maintenance
responsibility. The Landscape Maintenance Agreement between the City and State of California
passes maintenance responsibilities from Caltrans to the City, and the License Agreement between
the City and G&M GAPCO LLC (G&M Oil), passes maintenance responsibilities from the City to the
developer. It is also Caltrans' policy to sign the agreement after the City has signed, therefore the
Landscape Maintenance Agreement is provided approved as to form but without Caltrans' signatures.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Location Map of G&M Oil Facility No. 70 Project
2. License Agreement between the City of Huntington Beach and G&M GAPCO LLC, to Provide
Installation and Maintenance of Landscaping and Hardscaping Improvements in the Public Right-
of-Way
3. Landscape Maintenance Agreement with City of Huntington Beach
4. Presentation
City of Huntington Beach Page 2 of 2 Printed on 4/9/2025
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LANDSCAPE MAINTENANCE AGREEMENT
WITH THE CITY OF HUNTINTGTON BEACH
THIS AGREEMENT is made effective this day of ,20_, by and between
the State of California, acting by and through he Department of Transportation,
hereinafter referred to as "STATE" and the CITY of hereinafter referred to as
"CITY" and collectively referred to as "PARTIES." , ,
1. The PARTIES hereto mutually desire to identify the maintenance responsibilities of
CITY for newly constructed or revised improvements within STATE's right of way by
Encroachment Permit Number(s) TBA
2. This Agreement addresses CITY's responsibility for the concrete driveway with curb
• and gutter, sidewalk, landscaping, underground sewer pipe and underground
main waterpipe. (collectively the "LANDSCAPING") placed within State Highway
right of way on State Route 39, as shown on Exhibit A, attached to and made a
part of this Agreement.
3. Maintenance responsibilities that include, but are not limited to, inspection,
providing emergency repair, replacement, and maintenance, (collectively
hereinafter "MAINTAIN/MAINTENANCE") of LANDSCAPING as shown on said
Exhibit "A."
4. The degree or extent of maintenance work to be performed, and the standards,
therefore, shall be in accordance with the provisions of Section 27 of the Streets
and Highways Code and the State Maintenance Manual.
5. When a planned future improvement is constructed and/or a minor revision has
been effected with STATE's consent or initiation within the limits of the STATE's right
of way herein described which affects PARTIES' division of maintenance
responsibility as described herein, PARTIES will agree upon and execute a new
dated and revised Exhibit"A"which will be made a part hereof and will thereafter
supersede the attached original Exhibit "A" to thereafter become a part of this
Agreement.
5.1.The new exhibit can be executed only upon written consent of the PARTIES
hereto acting by and through their authorized representatives. No formal
amendment to this Agreement will be required.
6. CITY agrees, at CITY's expense, to do the following:
6.1.CITY will MAINTAIN or have authorized licensed contractor with appropriate
class of license in the State of California, to MAINTAIN LANDSCAPING
conforming to those plans and specifications (PS&E) pre-approved by STATE.
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CITY will have in place a valid necessary encroachment permits prior to the
start of any work within STATE'S right of way.
6.1.1. An Encroachment Permit rider may be required for any changes to
the scope of work allowed by this Agreement prior to the start of any work
within STATE's right of way
6.2.CITY shall ensure that LANDSCAPED areas designated on Exhibit "A" are
provided with adequate scheduled routine MAINTENANCE necessary to
MAINTAIN a neat and attractive appearance including providing for water,
and fertilizer necessary to sustain healthy plant growth during the entire life of
this Agreement.
6.2.1.To prune shrubs, tree plantings, and trees to control extraneous growth
and ensure STATE standard lines of sight to signs and corner sight
distances are always maintained for the safety of the public.
6.2.2.To replace unhealthy or dead plantings when observed or within 30 days
when notified in writing by STATE that plant replacement is required.
6.2.3.To expeditiously MAINTAIN, replace, repair or remove from service any
components of LANDSCAPING system that has become unsafe or
unsightly.
6.3.To furnish electricity for irrigation system controls, and lighting system controls
for all street lighting systems installed by CITY.
6.4.To MAINTAIN, repair and operate the irrigation systems in a manner that
prevents water from flooding or spraying onto STATE highway,spraying parked
and moving automobiles, spraying pedestrians on public sidewalks/bike
paths, or leaving surface water that becomes a hazard to vehicular or
pedestrian/bicyclist travel.
6.5.To control weeds at a level acceptable to the STATE. Any weed control
performed by chemical weed sprays (herbicides) shall comply with all laws,
rules, and regulations established by the California Department of Food and
Agriculture. All chemical spray operations shall be reported quarterly (Form
LA17) to the STATE to: District 12 Maintenance at 1750 E. 4th Street Suite 100
Santa Ana, CA 92705.
6.6.CITY shall ensure LANDSCAPING within the Agreement limits provide an
acceptable walking and riding surface and will provide for the repair and
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removal of dirt, debris, graffiti,weeds, and any deleterious item or material on
or about the LANDSCAPING in an expeditious manner.
6.7.To MAINTAIN all parking or use restrictions signs encompassed within the area
of the LANDSCAPING.
6.8.To remove LANDSCAPING and appurtenances and restore STATE owned
areas to a safe and attractive condition acceptable to STATE in the event this
Agreement is terminated as set forth herein.
7. STATE may provide CITY with timely written notice of unsatisfactory conditions that
require correction by the CITY. However, the non-receipt of notice does not
excuse CITY from maintenance responsibilities assumed under this Agreement.
8. STATE shall issue encroachment permits to CITY at no cost to it.
9. *STATE to remove Persons Experiencing Homelessness (PEN) and any structures,
personal property, debris, and/or other items related to the encampment from
the Location(s) shown in Exhibit A, subject to STATE's Encampment Removal
policy, MPD 1001 R1 and applicable State and Federal law.
Nothing in this Agreement grants or waives the right of California Highway Patrol
(CHP) and other law enforcement agencies having jurisdiction over the Locations
shown in Exhibit A.
10. LOCAL AGENCY's graffiti removal shall be limited to removal of text only in
accordance with Streets and Highway Code Section 96. Any graffiti that in any
way resembles a mural, artwork, paintings, or other similar elements may not be
removed. LOCAL AGENCY shall discuss such possible art with STATE's
Districtl2Transportation Art Coordinator before conducting any graffiti removal or
rernediation.
11.LEGAL RELATIONS AND RESPONSIBILITIES:
11.1. Nothing within the provisions of this Agreement is intended to create duties
or obligations to or rights in third parties not party to fills Agreement, or affect the
legal liability of either PARTY to this Agreement by imposing any standard of care
respecting the design, construction and maintenance of these STATE highway
improvements or CITY facilities different from the standard of care imposed by law.
11.2. If during the term of this Agreement, CITY should cease to MAINTAIN the
LANDSCAPING_to the satisfaction of STATE as provided by this Agreement, STATE
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19442 Beach Blvd.
may either undertake to perform that MAINTENANCE on behalf of CITY at CITY's
expense or direct CITY to remove or itself remove LANDSCAPING at CITY's sole
expense and restore STATE's right of way to its prior or a safe operable condition.
CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt
of billing by STATE. However, prior to STATE performing any MAINTENANCE or
removing LANDSCAPING, STATE will provide written notice to CITY to cure the
default and CITY will have thirty (30) days within which to affect that cure.
11.3. Neither CITY nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done
by STATE under or in connection with any work, authority or jurisdiction arising
under this Agreement. It is understood and agreed that STATE shall fully defend,
indemnify and save harmless CITY and all of its officers and employees from all
claims, suits or actions of every name, kind and description brought forth under,
including, but not limited to, tortious, contractual, inverse condemnation and
other theories or assertions of liability occurring by reason of anything done or
omitted to be done by STATE under this Agreement with the exception of those
actions of STATE necessary to cure a noticed default on the part of CITY.
11.4. Neither STATE nor any officer or employee thereof is responsible for any
injury, damage or liability occurring by reason of anything done or omitted to be
done by CITY under or in connection with any work,authority or jurisdiction arising
under this Agreement. It is understood and agreed that CITY shall fully defend,
indemnify and save harmless STATE and all of its officers and employees from all
claims, suits or actions of every name, kind and description brought forth under,
including, but not limited to, tortious, contractual, inverse condemnation or other
theories or assertions of liability occurring by reason of anything done or omitted
to be done by CITY under this Agreement.
11.5. PREVAILING WAGES:
11.5.1. Labor Code Compliance- If the work performed under this
Agreement is done under contract and falls within the Labor Code
section 1720(a)(1) definition of a "public works" in that it is construction,
alteration, demolition, installation, or repair; or maintenance work under
Labor Code section 1771. CITY must conform to the provisions of Labor
Code sections 1720 through 1815, and all applicable provisions of
California Code of Regulations found in Title 8, Chapter 8, Subchapter 3,
Articles 1-7. CITY agrees to include prevailing wage requirements in its
contracts for public works. Work performed by CITY'S own forces is
exempt from the Labor Code's Prevailing Wage requirements.
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19442 Beach Blvd.
11.5.2. Requirements in Subcontracts - CITY shall require its contractors to
include prevailing wage requirements in all subcontracts when the work
to be performed by the subcontractor under this Agreement is a "public
works" as defined in Labor Code Section 1720(a)(1) and Labor Code
Section 1771. Subcontracts shall include all prevailing wage
requirements set forth in CITY's contracts.
12.
12.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of self-
insured coverage providing general liability insurance, coverage of bodily
injury liability and property damage liability, naming STATE,its officers,agents
and employees as the additional insured in an amount of $1 million per
occurrence, $2 million in aggregate, and $5 million in excess. Coverage
shall be evidenced by a certification of self-insurance letter ("Letter of Self-
Insurance"), satisfactory to STATE, certifying that CITY meets the coverage
requirements of this section.This Letter of Self-Insurance shall also identify the
LANDSCAPING location as depicted in EXHIBIT A. CITY shall deliver to STATE
the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy
of the executed Letter of Self-Insurance shall be attached hereto and
incorporate as Exhibit B.
12.2. SELF-INSURED using Contractor - If the work performed under this
AGREEMENT is done by CITY's contractor(s), CITY shall require its
contractor(s) to maintain in force, during the term of this AGREEMENT, a
policy of general liability insurance, including coverage of bodily injury
liability and property damage liability, naming STATE, its officers, agents and
employees as the additional insured in an amount of $1 million per
occurrence, $2 million in aggregate, and $5 million in excess. Coverage
shall be evidenced by a certificate of insurance in a form satisfactory to the
STATE that shall be delivered to the STATE with a signed copy of this
Agreement.
13. TERMINATION - This Agreement may be terminated by timely mutual written
consent by PARTIES, and CITY's failure to comply with the provisions of this
Agreement may be grounds for a Notice of Termination by STATE.
14. TERM OF AGREEMENT-This Agreement shall become effective on the date first
shown on its face sheet and shall remain in full force and effect until amended
or terminated at any time upon mutual consent of the PARTIES or until
terminated by STATE for cause.
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19442 Beach Blvd.
PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into
this Agreement and have delegated to the undersigned the authority to execute this
Agreement on behalf of the respective agencies and covenants to have followed all
the necessary legal requirements to validly execute this Agreement.
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and
year first above written.
THE CITY OF HUNTINGTON BEACH, a STATE OF CALIFORNIA
Municipal Corporation of the State of DEPARTMENT OF TRANSPORTATION
California
Mayor
4I&KA
City Clerk By:
Andrew Chuah
Deputy District Director
Maintenance District 12
INITIATED AND APPROVED:
Director of Public Works
REVIEWED AND APPROVED:
City Manager
APPROVED AS TO FORM:
City Attorney
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2000 MAIN STREET CALIFORNIA 92648
HUMAN RESOURCES DEPARTMENT
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"_AUNTY G
CALTRANS DISTRICT 12
1750 E. 4TH STREET, SUITE 100
SANTA ANA, CA 92705 December 17, 2024
ATTN: Sarah Rodriguez
RE:Statement of Self Insurance for CITY OF HUNTINGTON BEACH Related to Project
Specific Maintenance Agreement with State of California Department of
Transportation ("STATE") for the maintenance concrete driveway with curb
and gutter,sidewalk,landscaping, underground sewer pipe and underground
main waterpipe at 19442 Beach Blvd.
Dear Sarah Rodriguez
The purpose of this letter is to certify that the CITY is self-insured and self-funded
covering third-party claims arising out of its general operations (for example,
commercial general liability and automobile liability insurance). Further the CITY
is self-insured covering workers' compensation claims and has received the
consent of the State Department of Industrial Relations to do so.
Each fiscal year, as a part of its budgetary process, the CITY appropriates funds
specifically to satisfy valid third-party claims and workers' compensation claims,
which may be brought against the CITY.
The CITY certifies its self-insured, general liability coverage for bodily injury liability
and property damage liability, meets the required coverage amounts in section
12.1 (INSURANCE) of the Maintenance Agreement, specifically general liability
insurance, coverage of bodily injury liability and property damage liability in an
amount of$1 million per occurrence and $2 million in aggregate and $5 million in
excess. The CITY further represents that regarding any claims made in connection
with the Maintenance Agreement by the STATE, the STATE will be first-in-line
regarding the reserved, self-insured amounts.
If you need any additional information regarding this letter, please direct those
inquires through my office.
Sincerely,
DeAnna Sori
Risk Manager
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BAC KG ROU N
• The G&M Oil Company Facility No. 70 project is located at 19442 Beach Boulevard,
near the intersection with Yorktown Avenue (Attachment 1). Developed by G&M Oil,
the project will construct a new convenience store at an existing gas station to
provide drinks, snacks, and other to-go items. The project consists of one
convenience store totaling 1 ,175 square feet and a covered trash enclosure.
• As part of the development requirements, the developer was required to construct a
streetlight, concrete walkways, landscaping, and irrigation in State Route 39 (Beach
Boulevard) along the project frontage. State Route 39 is operated by the California
Department of Transportation (Caltrans).
• The developer was also required to assume maintenance responsibilities of the
constructed improvements in State Route 39. Caltrans will not directly sign �FP'ofING�'p
agreements with developers, only overnmental agencies. To satisfy the o' C 3 ,\gap OA^Fo"•
maintenance requirements, the City signs a maintenance agreement with Caltrans vr1
and then signs another separate maintenance agreement with the developer to pass k °
maintenance responsibility to the developer. \ 4k.of
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LOCATION. MAP
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NEED/WHY/ BENEFITS
• The project's development requirements included the maintenance responsibilities of
hardscape and street lighting improvements within State Route 39 along the project
frontage. To document this responsibility, the project developer is required to execute
a License Agreement for all hardscape, landscape, irrigation, and street lighting within
State Route 39 Right-of-Way. This agreement also addresses sidewalk cleaning,
disposal of trash, and all other aspects of maintenance.
• The California Department of Transportation (Caltrans), the owner of State Route 39
Right-of-Way, will only enter into maintenance agreements with governmental
agencies, not private developers. Consequently, there are two agreements necessary
to adequately address maintenance responsibility. The Landscape Maintenance
Agreement between the City and Caltrans passes maintenance responsibilities from I'`
Caltrans to the City, and the License Agreement between the City and G&M GAPCO 4."14 �iNa/�..
4/ 41.ILk
LLC (G&M Oil), passes maintenance responsibilities from the Cityto the developer. ` .. �a�.,: .., :
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• Executing these agreements allows the developer to meet the development `111
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requirements and transfers maintenance responsibility to the developer, which results r :07, 7
silin no maintenance responsibilities for the City. # '.
DETAILS
• The constructed improvements along the project frontage within Caltrans Right-of-Way on
State Route 39 (Beach Boulevard) include concrete walkways, landscaping, irrigation,
streetlight, conduit, and pull boxes.
• Maintenance responsibilities include sidewalk cleaning and disposal of trash in addition to
the previously mentioned improvements.
• Executing both agreements will pass all maintenance responsibilities to the developer and
free the City of maintenance responsibility. The City signs two separate agreements with
Caltrans and the developer due to Caltrans not signing agreements directly with developers,
only governmental agencies like the City.
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RECOMMENDATION
A) Approve and authorize the Mayor and City Clerk to execute the License Agreement
between the City of Huntington Beach and G&M GAPCO LLC (G&M Oil, the project
developer), to provide maintenance of improvements within State Highway Right-of-Way on
State Route 39 (Beach Boulevard) for the G&M Oil Facility No. 70 project (Attachment 2);
and
B) Approve and authorize the Mayor and City Clerk to execute the Landscape Maintenance
Agreement between the City of Huntington Beach and State of California (Caltrans) for
improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for
the G&M Oil Company Facility No. 70 project (Attachment 3).
_46
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