HomeMy WebLinkAboutSouthern California Edison - SCE - 2025-05-20 (2) 0NTINgTo 2000 Main Street,
,•. Huntington Beach, CA
:: :0""4e"e1 92648
� ""'''" _ City of Huntington Beach
t 9 .:3►-=- z APPROVED 6-0-1
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File #: 25-382 MEETING DATE: 5/20/2025
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, City Manager
VIA: Chau Vu, Director of Public Works
PREPARED BY: Bob Stachelski, Traffic and Transportation Manager
Subject:
Approve and authorize execution of a Right-of-Way Contract with the Orange County
Transportation Authority and a Joint Use Agreement with Southern California Edison to
facilitate the relocation of electrical facilities related to the 1-405 Improvement Project
Statement of Issue:
As part of the 1-405 Freeway Improvement Project, the Orange County Transportation Authority
(OCTA) acquired property from Southern California Edison (SCE) to facilitate the construction of the
freeway improvements between the intersection of Heil Avenue and Landau Street, along the south
side of the 1-405 freeway towards Magnolia. The existing overhead power lines within the SCE
property needed to be moved and placed underground in Savoy Circle and Landau Lane. The
relocation requires a Joint Use Agreement between the City and SCE and an agreement between the
City and OCTA for terms related to the use of the land.
Financial Impact:
Finalizing the agreement will result in a payment of $104,860 by OCTA to the City. Funds will be
deposited in the Infrastructure Fund 31400314.46410 account.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute a Right-of-Way Contract with Orange
County Transportation Authority; and,
B) Approve and authorize the Mayor and City Clerk to execute a Joint Use Agreement with Southern
California Edison.
Alternative Action(s):
Do not execute the agreements and direct staff accordingly.
Analysis:
City of Huntington Beach Page 1 of 2 Printed on 5/15/2025
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File #: 25-382 MEETING DATE: 5/20/2025
The Orange County Transportation Authority (OCTA) acquired property from Southern California
Edison (SCE) to support construction of the 1-405 Freeway improvements, specifically between the
intersection of Heil Avenue and Landau Lane, along the south side of the 1-405 freeway extending
toward Magnolia Street. As part of the project, existing overhead power lines within the SCE-owned
property needed to be relocated underground along Savoy Circle and Landau Lane to continue
providing electrical service to area residents.
To facilitate the relocation, the City negotiated a Joint Use Agreement (JUA) with SCE. The JUA
outlines the conditions, rights, and responsibilities of both the City and SCE in connection with the
relocation of facilities, as well as the ongoing maintenance and operation of electrical and City
infrastructure located both above and below the roadway.
As the agency responsible for acquiring property rights on behalf of SCE, OCTA collaborated with the
City to develop a Right-of-Way Contract, which defines the terms and compensation owed to the City
for the altered use of public right-of-way. It also addresses the possibility of future costs should the
City need to relocate its facilities to accommodate SCE infrastructure. The contract provides a total
compensation of $104,860, to be paid to the City upon full execution of all related agreements.
Staff has reviewed the agreement and believes the compensation is appropriate, considering the
limited level of City risk associated with the Right-of-Way Contract. The Joint Use Agreement will
remain in effect in perpetuity, with no specified termination date.
Environmental Status:
This action is covered by the General Rule that the California Environmental Quality Act (CEQA)
applies only to projects that have the potential for causing a significant effect on the environment
(Section 15061.b.3 of the State CEQA Guidelines). It can be seen with certainty that there is no
possibility that this activity will have a significant effect on the environment. Therefore, this activity is
not subject to CEQA.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Right-of-Way Contract with Orange County Transportation Authority
2. Joint Use Agreement with Southern California Edison
3. PowerPoint Presentation
City of Huntington Beach Page 2 of 2 Printed on 5/15/2025
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262
RECORDING REQUESTED BY
•
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
•
ATTN: TITLE & REAL ESTATE SERVICES
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX$NONE(VALUE DISTRICT WORK ORDER SERIAL NO. MAP SIZE AFFECTS SCE
AND CONSIDERATION LESS THAN$100.001 Huntington Beach 801760677 72133A 043-090 DOCUMENTS
SCE Company FIM:41-SA APPROVED:
LMED: BY DATE
SIG.OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME APN:107-651-20,23,24, SCE LAW Approved: SF/WJM/CK 03/17/2025 193583
25 and 26 DKK
JOINT USE AGREEMENT
THIS AGREEMENT, made and-entered into this day of , 20 , by
and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called
"Company", and the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California,
.hereinafter called "City",
WITNESSETH:
WHEREAS Company is the owner in possession of certain rights of way and easement(s) for
electrical facilities by virtue of the following easement rights:
That certain Grant of Easement recorded April 12, 1961, as Instrument No. 7989, in Book
5689, Page 103, of Official Records, in the Office of the Orange County Recorder, hereinafter referred
to as "Company's Easement"; and
WHEREAS City has acquired easement rights for a public street for the construction and/or
improvement of Landau Lane and Savoy Circle in said City, County of Orange, State of California,
hereinafter referred to as"street right of way", as shown on the print attached hereto, marked "Exhibit
Al" and hereby made a part hereof; and
WHEREAS, the Orange County Transportation Authority ("OCTA") requested Company to
relocate its existing aerial utility facilities out of the Company Easement area and into an underground
location within the street right of way, at OCTA's expense;
WHEREAS, Company is unwilling to relocate out of Company's Easement into the street right
of way without certain assurances from City, including those related to the costs of future relocations
and/or rearrangements of Company's facilities;and
WHEREAS, among other things, City has agreed to pay for future relocations and
rearrangements of the Company's facilities to be placed in the street right of way should the City's use of
the street right of way require such relocations and/or rearrangements. -
NOW THEREFORE, in consideration of the premises and the mutual covenants herein
contained, Company and City do hereby agree as follows:
Company agrees to rearrange, relocate and reconstruct any of its facilities heretofore or now
installed pursuant to Company's easement within the street right of way.
' JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Huntington Beach
• Serial No. 72133A
Affects SCE Document(s): 193583
Company has and reserves the right to use, in common with the public's use of said street,
said new location for all of the purposes for which Company's easement was acquired, including the
ability to install,operate and maintain underground electric facilities.Except in emergencies,Company
shall give reasonable notice to City before performing any work on Company's facilities in the new
location where such work will obstruct traffic and shall obtain permits, as necessary. In all cases,
Company shall exercise due care for the protection of the traveling public and adjacent/nearby City
utilities.
In the event that the future use of the street right of way shall at any time or times necessitate
a rearrangement, relocation, reconstruction or removal of any of Company's facilities then existing in
the street right of way, City shall notify Company in writing of such necessity and agree to reimburse
Company on demand for its costs incurred in complying with such notice: Company will provide City
with plans of its proposed rearrangement and an estimate of the cost thereof, and upon approval of
such plans by City, Company will promptly proceed to effect such rearrangement, relocation,
reconstruction or removal. Company shall exercise due care for the protection of the traveling public
and adjacent/nearby City utilities. The parties will work together to identify a suitable replacement
location for Company's facilities within the street right of way. No further permit or permission from
City for such rearrangement, relocation or reconstruction shall be required and City will enter into a
Joint Use Agreement on the same terms and conditions as are herein set forth covering any such
subsequent relocation of Company's facilities within street or highway rights of way.
City agrees to indemnify, defend and reimburse Company for any loss Company may suffer
because of any lack of or defect in City's title to said new location or any subsequent location within
the street right of way, to which Company relocates its facilities pursuant to the provisions hereof, and
City agrees that if Company is ever required to relocate its facilities because of any such lack of or
defect in title, City shall reimburse Company for the cost of relocating its facilities and any other
reasonable costs arising therefrom, such as, but not limited to, costs to acquire any right of way
required for such relocation. City shall not reimburse Company for any loss caused by Company's own
fault or negligence.
Company agrees to indemnify and hold harmless the City and its officers from all liability for
damages proximately resulting from Company's use and enjoyment of the rights set forth herein.
Both City and Company shall use said new location in such a manner as not to interfere unduly
with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any
claim for compensation or damages which Company or City may now have or may hereafter acquire
resulting from the construction of additional facilities or the alteration of existing facilities by either
City or Company in such a manner as to cause an unreasonable interference with the use of said new
location by the other party. City agrees that Company's facilities shall not be damaged by reason of
the construction, reconstruction or maintenance of the street, by the City or its contractors, and that,
if necessary, City will protect Company's facilities against any such damage, at City's expense.
In the event that Company determines there is a need for Company to trim City trees or tree
roots in connection with normal or routine maintenance and repair of Company's facilities within the
street right of way, Company must obtain a City encroachment permit for such work. However, in the
event of an emergency, defined as the need to trim City trees or tree roots to prevent an electrical
outage, Company shall be allowed to trim City trees or tree roots and notify City of such emergency
after such work. Any removal,trimming or topping of vegetation, brush, tree or trees which may grow
in the street right of way and which, in the opinion of Company, may endanger or interfere with the
proper operation or maintenance of Company's facilities, shall be limited to the extent reasonable and
necessary to prevent any such interference or danger.
-2-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Huntington Beach
Serial No. 72133A
Affects SCE Document(s): 193583
This agreement shall inure to the benefit of and be binding upon the Company and the City
and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in
duplicate by their respective officers thereunto duly authorized, as of the day and year herein first
above written.
SOUTHERN CALIFORNIA EDISON
COMPANY, a corpor 'on
1
By:
Michael J. Williams
Real Est s & Facilities Advisor
Land Management Southern Region
Vegetation& Land Management
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
Californi
M or
City Clerk
INITIATED D OVED:
Public Works Director
REVIEWED AN APPROVED:
City Manager
APPROVED AS TO FORM:
City Attorney
-3-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Huntington Beach
Serial No. 72133A •
Affects SCE Document(s): 193583
A notary public or other officer completing this certificate verifies only the identity of the individual who
_- signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity
• of that document.
State of California
County of Lds Ange k5 )
On 3l Z) 17-5— before me, 5 ice'""'-/ T s ca.rcH u , a Notary Public,
personally appeared Nit'% o.e\ - IN);II i ah^5 , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the persons) acted, executed 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 hand and official seal. JIMMY TISCARENO
= hr= Notary Public-California
Los Angeles County
I,•• ' ' Commission N 2495138
/�G °L,Fo My Comm,Expires Jul 21,2028
Signature
b
-4-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Huntington Beach
Serial No. 72133A
Affects SCE Document(s): 193583
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of 0 1kv, )
On AR- 2- 2 ZS before me, cltri l% U\ a Notary Public,
- person appeared I Irk , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed 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 hand and official seal.
JUAN ESQUNEL
Notary Public•California
Los Angeles County
Signature ' `` Commission#2461006
l My Comm.Expires Aug 26.2027
•
-5-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Huntington Beach
Serial No. 72133A
Affects SCE Document(s): 193583
-A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me, , a Notary Public,
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed 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 hand and official seal.
Signature
•
-6-
JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Huntington Beach
Serial No. 72133A
• Affects SCE Document(s): 193583
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached,and not the truthfulness,accuracy, or validity
of that document.
State of California
County of
On before me, , a Notary Public,
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed 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 hand and official seal.
_Signature
-7-
EXHIBIT Al
PARCEL# TITLE AREA APN
N/A JOINT USE 3298 SF PORTION OF LANDAU LN. AND SAVOY CIR.
, AGREEMENT
r \\., I \ 6' WIDE ELEC. ESMT.
\
\ IN FAVOR OF S.C.E.C.
\ ` \\\ `\ REC. 04/12/1961,
ft
NI3•p0 �` 3.Op `\\ \\ PER 5689/103 O.R.
° I "r`;\ I \\ `\ DETAIL 'A'
\‘ •6,c I. WIDTH TYP. J \\\ NTS
\‘ \ \
30' \ �— L 1= 4, \\ f\9
\\\ CURVE DATA
i �l� - `�°\ °s
00 1L8 . DELTA RADIUS LENGTH f`Ss/� ,,�,��,
�' L 7 C 1 89°50'09" 12.50' 1 9.60' o ' SJ'p `\\ 9- \\
•
r L4 �� �L5 l�J] loll 1 'f>/''r�)��O \z i % \ \
0 i Ii LINE DATA �' •0
> i II BEARING DISTANCE /SG,.
K
N I II L1 S67°58'34"W 48.68' 9 �,F,GF 5. coN, ck•
D n I L2 N89°31 '26"W 39.87' os �, 0 0
rzn V 115'I�5 L 3 559°06'51 "W 1 5.37' , ��0 �0 -I';1'1hO�
1 I Q L4 N37 10 55 E 12.50' 6 0- 0 bc)
-_ I ! L? co L5 N00° 1 8'43"E 16.00' `\/r �� G• �6 '
\ Q-CcCk DETAIL pN
- m I I ° L6 N37° 1 0'55"W 12.50' \
o f _ I - z. L7 NOO°1 8'4 3"E 1 1 .67' \\\\ e SN WN NERE
r 1 II L8 N37 10 55 E 11 .44 \
•
H us
0o \\;\` \,
I \ o / �1 ! .,\\\ I
30' C 1 ----N8 9 31 26 W--- ----L 2 :�i
, _________ui 165.58' t..._ ---...,. .4r..--=7-.E.--_•±t>-‘ ` ' \\
u, \
\ \
o o PARCEL 16 1
I oW SAVOY CIRCLE o o` REL. 555
BOOK 4, PAGE 49 OF HIGHWAY MAPS
� /
� /
\ Ji� a
State Jurisdiction Line ( ) - INDICATES RECORD INFORMATION PER
-I-1-1-1-1-1 Access Prohibited REL 553-555 PARCEL 16 BOOK 4,
— Proposed JUA Eosement •
PAGE 49 OF HIGHWAY MAPS
NOTES
The distances shown herein ore SERIAL 72/33A
grid distances. Ground distances JOINT USE AGREEMENT
may be obtained by dividing grid
distances by the combination I pmmEmm. iimmEmmommommi
factor of 0.99997837. FEET 0 25 50 /00 200
PREPARED BY: DATE: 07-30-2020 REV.: EA: FA#:
PSOMAS DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS
3 Hutton Centre Drive, Ste. 200
Santo)751n7373%(7114)545 8883 (Fox) 12 ORANGE 405 /5.49 1 1
0pi'..TINGT0L, CITY O F
_ .. HUNTINGTON BEACH
~`�cFcpij `�0, Lisa Lane Barnes I City Clerk
•
June 4, 2025
Southern California Edison Company
Attn: Michael James Williams
2 Innovation Way, 2nd Floor
Pomona, CA 91768
Dear Mr. Williams:
Enclosed is the executed original Joint Use Agreement, between SCE and the City of
Huntington Beach for the existing overhead power lines within the SCE property that need to be
moved and placed underground in Savoy Circle and Landau Lane, approved by City Council on
May 20, 2025.
Upon recordation, please provide a copy to:
City of Huntington Beach
City Clerk's Office
Attn: Donna Switzer, Senior Deputy City Clerk
2000 Main Street, 2nd Floor
Huntington Beach CA 92648
•
Your attention to this matter is greatly appreciated.
X14 -464te.*hie
Lisa Lane Barnes
City Clerk
LLB:ds
Enclosure
USPS TRACKING# 9114 9022 0085 2054 3558 51
&CUSTOMER For Tracking or inquiries go to USPS.com
RECEIPT or call 1-800-222-1811.
Office: (714)536—5405 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov
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Contractand
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Joint
- _ •_ t _ .
Agreement
•• - y 1-405 Improvement Project
s es • \\ )0.ts 0`•.;1, 19 0;:••• �C
5/20/2025
°OUNTN c ##
285
Overview
• 1-405 Freeway improvements require the relocation of
Southern California Edison (SCE) facilities from SCE
property into City streets (Landau , Savoy, Heil)
• Facility relocation requires agreement between SCE
and the City
• Street right-of-way use and potential relocation of City
facilities justified compensation to the City, formalized,o<<'II�;�NTINGTo/��
in a Right-of-Way Agreement with OCTA
�00NTY �; i
286
Terms
• SCE has located facilities underground within street
right of way to serve customers in the area
• OCTA agrees to compensate the City in the amount of
$ 104,860
• Agreements are the final step in both transactions
•�/ �NTINGT
Mit
• <<..
Q• `�••�NtOPPDRgsea�.
1II � •' - _•.•�9�
.
00UNTY
287
Recommended
Action
• Approve and authorize execution of the Joint Use
Agreement with Southern California Edison
• Approve and authorize execution of the Right of Way
Contract with OCTA
0i AN TING T
'' G NOR A"
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La
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288
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