17-0801_AMES CONSTRUCTION, INC._E15_Agenda ReportCity of San Juan Capistrano
Agenda Report
8/1/2017
E15
TO : Honorable Mayor and Members of the City Council
FROM : ;1f[n Siegel, City Manager
SUBMITIED BY: Charlie View, Project Managed
DATE:
SUBJECT:
August 1, 2015
Consideration of Granting an Easement to the Orange County
Flood Control District for Flood Control and Water Conservation
Purposes Across the Real Property Known as Lower Rosan Ranch
(Assessor Parcel Numbers: 121-253-13; 121-253-15 ; 121-240-39;
121-240-73; 121-240-76 (portion of)).
RECOMMENDATION :
1) Approve and authorize the City Manager to execute the Easement Deed granting
Orange County Flood Control District a non-exclusive, perpetual and assignable
right, power, privilege and easement right-of-way for flood control and water
conservation purposes in, on, under, over, and across a portion of the real
property known as Lower Rosan Ranch; and,
2) Authorize the City Manager to negotiate and execute an agreement with Ames
Construction to use a portion of the Lower Rosan Ranch property for a temporary
construction staging facility based on the fair market value of the portion of the
property to be utilized for the duration of the County project.
EXE CU T IVE SUMMARY:
The County of Orange is the lead agency for the San Juan Creek Levee Protection
Project, Phases 4, 5 and 6. The project is located in San Juan Capistrano and Dana
Point, running along San Juan Creek from Stonehill Drive to approximately 2,100 feet
upstream on the west side of the levee and 6,000 feet upstream on the east side of the
levee. A location map is provided as Attachment 1. The purpose of the project is to
enhance flood protection of neighboring communities by making improvements to
levees along the San Juan Creek flood control channel.
City Council Agenda Report
August 1, 2017
Page 2 of 3
Although the Orange County Flood Control District (OCFCD) already has easement
rights over portions of the Lower Rosan property for access and maintenance of their
facilities, this new easement is necessary to accommodate a sheet pile levee
reinforcement project. The 20-foot wide easement is proposed for a portion of Lower
Rosan immediately adjacent to the existing OCFCD improvements, and overlapping
with an existing slope maintenance easement. A copy of the Easement Deed is
provided as Attachment 2.
DISCUSSION/ANALYSIS :
The project involves installation of sheet piles with .steel anchor columns and tension
cables, construction of a reinforced concrete pile cap, construction of reinforced
masonry block flood walls and over side drains with flap valves, and installation of
modified guard cable fencing. The west side project requires reconstruction of an
asphalt bike trail, and the aggregate base trail on the east side will be restored after
installation of the sheet piles. The project is scheduled to begin construction in
September 2017, with completion estimated for June 2019. The estimated cost of the
project is $33,000,000. A project briefing sheet from OCFCD is provided as Attachment
3.
Although OCFCD already has easement rights over portions of the Lower Rosan
property for access and maintenance of their facilities, this new easement is necessary
to accommodate the sheet pile levee reinforcement project described above. The 20-
foot-wide easement is proposed for a portion of Lower Rosan immediately adjacent to
the existing OCFCD improvements and overlapping with an existing slope maintenance
easement. In recognition of the potential impact this easement could have on the
ultimate use of the Lower Rosan property, City and County staff coordinated review of
the easement location and scope with Ganahl Lumber Company, which is currently in
negotiation with the City to purchase the property. Ganahl Lumber Company
representatives have reviewed the language of the final Easement Deed and support
approval by the City Council.
Ames Construction is the OCFCD contractor for the project and is working with OCFCD
staff to submit a Temporary Use Permit (TUP) application to the City to accommodate
their project field offices and staging operations on the Lower Rosan property. To assist
the public in understanding the scope and schedule for the project, OCFCD has
scheduled a project information meeting on August 3 at the San Juan Capistrano
Community Center. City staff will attend the meeting and is coordinating the TUP
process. The TUP will establish limits on use of the staging area consistent with City
regulations and policies to minimize possible impacts on the residents of the adjacent
Capistrano Valley Mobile Home Estates community. The second recommended action
is to authorize the City Manager to negotiate and execute an agreement for the use of a
portion of Lower Rosan for the temporary office and staging area. Pending City Council
approval of the recommended action, staff would propose that Ames Construction pay
monthly rent consistent with the rate paid by the auto dealers. The location of the
temporary office/staging area would not interfere with the ongoing vehicle storage use.
City Council Agenda Report
August 1, 2017
Page 3 of 3
Approval of the Easement Deed will facilitate important public safety improvements for
the San Juan Creek portion of the Orange County flood control network.
FISCAL IMPACT:
The project is funded by the Orange County Flood Control District and there is no cost
to the City. The OCFCD is offering $16,000 for the perpetual right-of-way for flood
control and water conservation purposes on property currently owned by the City.
Additionally, staff expects to receive some rental income from the contractor's
temporary use of the property for staging. Because the Lower Rosan Ranch property
was purchased through the former Community Redevelopment Agency, the revenue
associated with the approval of the easement deed will be distributed to the various
taxing agencies as required under State law.
ENVIRONMENTAL IMPACT:
The County of Orange is the Lead Agency for the project and prepared and certified a
Negative Declaration (IP06-493) for the project. The City Council action to approve the
easement deed requires no additional CEQA review.
PRIOR CITY COUNCIL REVIEW:
Not applicable.
COMMISSION/COMMITTEE/REVIEW AND RECOMMENDATIONS :
Not applicable.
NOTIFICATION :
Ganahl Lumber Company
Marriott Residence Inn
Auto Dealer Association
Rosetta Development/Segovia Capital Partners
Capistrano Valley Mobile Estates -Mr. Dana Dercole
Villa San Juan -Bob and Mary Ames
Mr. Richard Toon
Mr. Jim Vance
Mr. Mike Wernet
Mr. Gary Hilde
Mr. Kent McNaughton
ATTACHMENT(S):
Attachment 1 -Location Map
Attachment 2 -Easement Deed
Attachment 3 -OCFCD Project Briefing Sheet
-:¥11 PHASE4
PHASE 5
-PHASES
CITY
BOUNDARY
County of Orange
OC Public Works
Department
PREPARED BY:
DESIGN DMSIDN
SAN JUAN CREEK CHANNEL
PHASES 4, 5, & 6
LOCATION MAP
ATTACHMENT 1
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
Orange County Flood Control District
c/o CEO, Real Estate Services T HIS SPACE FOR RECO RDER 'S USE ONLY
P.O. Box 4048
Santa Ana, CA 92702-4048
Mail Tax Statements as shown above
Portion of APN: 121-240-36 DOCUMENTARY TRANSFER TAX$ ..::..Q..:
_ Compute d o n the cons iderati o n o r value of pro perty conveyed
_x_ Exempt p er Revenue & Taxati on Code S ectio n 11922
_x_ Exempt from Recording Fees p er Go vt. Code Section 27383
By:~s ,~G~N A~rrr.u~~o~FD~E~CL~A~~~r ~oR~A~G~E N~T~D~E T~E~RM~IN~IN~G~r=A=x --~F,=RM~NA=M=E---------
D Unincorporated Area
~ Incorporated -City of San Juan Capistrano
Parcel No: L01-113 .7
Project: San Juan Creek Channel
EASEMENT DEED
For valuable consideration, receipt of which is hereby acknowledged,
CITY OF SAN JUAN CAPISTRANO,
a general law city and municipal corporation,
hereinafter referred to as "GRANTOR," its successor and assigns,
does hereby grant to
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic,
hereinafter referred to as "DISTRICT," its successor and assigns
a non-exclusive , perpetual and assignable right, power, privilege and easement right-of-way for flood control
and water conservation purposes in, on, under, over, and across the real property in the City of San Juan
Capistrano, County of Orange, State of California (hereinafter referred to as "Easement Area") described in
"Exhibit A," and illustrated in "Exhibit B," which exhibits are attached hereto and made a part hereof.
DISTRICT's rights conveyed herein are those necessary for implementation of the Orange County Flood
Control Action as Water Code App. Sections 36-1 et seq., which shall include, but are not limited to, the right
to install underground sheet piles with steel anchor columns, tension cables, a reinforced concrete pile cap, a
reinforced masonry block flood walls, over-side drains with flap valves, and installation of a modified guard
cable fence. DISTRICT's rights shall also include the right to maintain, repair, rehabilitate, restore and
improve the San Juan Creek Channel ("Channel").
GRANTOR and DISTRICT may sometimes hereinafter be individually referred to as "Party" or jointly as
"Parties." It is understood and agreed by the Parties hereto and their successors and assigns that the easement
and right-of-way herein granted in this easement deed shall be subject to the following terms, conditions, and
ATTACHMENT 2
reservations:
1. RESERVATIONS(D3.ION)
GRANTOR reserves all rights compatible with and not prejudicial to the rights conveyed herein to
DISTRICT. The rights reserved herein are subject to the following express limitations:
A. To ensure the Easement Area and the purposes of this easement are not detrimentally impacted,
no building, structure, additional earth fill, or other improvement or modifications shall be
constructed, placed or permitted within, upon, under or above the Easement Area until such plans
have first been approved in writing by the OC Public Works Director of the County of Orange, or
designee (hereinafter referred to as "Director"), and a permit for such construction has been
obtained from the County of Orange after payment of applicable processing fees. DISTRICT
agrees that such plans shall be approved or disapproved within a reasonable time following
receipt thereof, and that approval will not be withheld without good cause. Director's approval of
GRANTOR's plans shall not be deemed approval from the standpoint of structural safety,
suitability for purpose or conformance with building or other codes or other governmental
requirements.
B. All improvements owned, constructed, placed or permitted within, upon, under or above the
Easement Area by or on behalf of GRANTOR shall be operated and maintained at no cost to
DISTRICT, and GRANTOR shall maintain said improvements so as to not obstruct, retard, alter
or adversely affect drainage or flows.
C. In the event DISTRICT exercises such rights to utilize the Easement Area which use
results in the disturbance ofthe Easement Area surface or subsurface, DISTRICT shall
backfill, with compacted earth, to the grade ofthe surrounding property and replace in
kind or refurbish any affected surface improvements to a state mutually acceptable to the
GRANTOR and Director (e.g. through the County Property Permit process or in
accordance with approved As-Built plans on file with District), following completion of
DISTRICT's activity.
D. Unless the Director determines that an emergency exists making prior notice to the
GRANTOR impracticable, DISTRICT shall give GRANTOR prior written notice if
DISTRICT intends to disturb the surface of the Easement Area. That notice shall be given
by DISTRICT to GRANTOR not less than sixty (60) days prior and shall specify the date
of such entry, the duration thereof and the nature of the work to be performed by
DISTRICT. DISTRICT further agrees to use its best efforts to minimize any
inconvenience to GRANTOR and to minimize the period of time that the surface of the
Easement Area will be disturbed.
2. GRANTOR LIABILITY (D 1.1)
GRANTOR acknowledges the Easement Area is adjacent to the Channel and may be subject to all hazards
associated with flood conditions.
GRANTOR (and any of its successors and/or assigns) agrees to indemnifY, defend with counsel approved by
DISTRICT and save DISTRICT, the County of Orange ("County"), and their elected and appointed officials,
officers, agents, employees and contractors harmless from any or all penalties, liabilities or losses resulting
from claims or court actions arising directly or indirectly out of any injury to persons or damage to property by
reason ofthe acts or omissions, intentional or otherwise, of GRANTOR, its agents, employees or independent
contractors employed by GRANTOR in exercising any of the privileges herein reserved or in consequence
thereof. IfDISTRICT/County undertakes to represent itself as co-defendant in such legal action, GRANTOR
shall pay to DISTRICT/County its litigation costs, expenses, expert witness and attorneys' fees .
DISTRICT (and any of its successors and/or assigns), agrees to indemnify, defend with counsel approved by
GRANTOR and save GRANTOR, and its elected and appointed officials, officers, agents, employees and
contractors harmless from any or all penalties, liabilities or losses resulting from claims or court actions arising
directly or indirectly out of any injury to persons or damage to property by reason of the acts or omissions,
intentional or otherwise, of DISTRICT, its agents, employees or independent contractors employed by
DISTRICT/County in exercising any of the privileges herein reserved or in consequence thereof. If
GRANTOR undertakes to represent itself as co-defendant in such legal action, DISTRICT shall pay to
GRANTOR its litigation costs, expenses, expert witness and attorneys' fees.
If judgment is entered against GRANTOR and DISTRICT/County by a court of competent jurisdiction
because ofthe concurrent active negligence of GRANTOR and DISTRICT/County, GRANTOR and
DISTRICT/County agree that liability will be apportioned as determined by the court. Neither Party shall
request a jury apportionment.
GRANTOR agrees to release DISTRICT and County from any claims for damages including loss of business,
in connection with the rights conveyed herein and the operation, maintenance, repair, rehabilitation,
restoration and improvement of the Channel, as well as those relating to hazards associated with flood
conditions to the extent such damages are not the result of the acts or omissions of DISTRICT, its elected or
appointed officials, officers, agents, employees or contractors. GRANTOR agrees DISTRICT shall not be
deemed negligent if operating the Channel in substantial conformance with standard practices of California
Flood Control Districts for similar DISTRICT facilities.
3. NOTICES (DES 11.1 S).
All notices, documents, correspondence and communications concerning this easement deed shall be
addressed as set forth in this Section, or as the Parties may hereafter designate by written notice, and shall be
sent through the United States mail with postage prepaid. Any such mailing shall be deemed served or
delivered forty-eight ( 48) hours after mailing. Either Party may change the address for notices by giving the
other Party at least ten ( 1 0) calendar days prior written notice of the new address.
Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such other
communications to the other by personal delivery or by Federal Express or similar courier service and so given
shall be deemed to have been delivered upon receipt.
To GRANTOR:
City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
4. VENUE (PMES 13.1 N)
To DISTRICT:
Orange County Flood Control District
c/o CEO, Real Estate Services
P.O. Box 4048
Santa Ana, CA 92702-4048
Re: San Juan Creek (L01-113.7) Flood Control
Easement
The Parties hereto agree that this easement deed has been negotiated and executed in the State of California
and shall be governed by and construed under the laws of California. In the event of any legal action to
enforce or interpret this easement deed, the sole and exclusive venue shall be a court of competent jurisdiction
located in the County of Orange, California, and the Parties hereto agree to and do hereby submit to the
jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the Parties
hereto specifically waive any and all rights to request that an action be transferred for trial to another county.
5. SEVERABILITY (PMES 15 .IS)
If any term, covenant, condition, or provision of this easement is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect
and shall in no way be affected, impaired or invalidated thereby.
6. INTERPRETATION (DES18.1 S)
This easement deed has been negotiated at arm's length and between persons sophisticated and
knowledgeable in the matters dealt with in this easement deed. In addition, each Party has been represented
by experienced and knowledgeable independent legal counsel of their own choosing, or has knowingly
declined to seek such counsel despite being encouraged and given the opportunity to do so. Each Party
further acknowledges that they have not been influenced to any extent whatsoever in executing this easement
deed by any other Party hereto or by any person representing them, or both. Accordingly, any rule of law
(including California Civil Code Section 1654) or legal decision that would require interpretation of any
ambiguities in this easement deed against the Party that has drafted it is not applicable and is waived. The
provisions of this easement deed shall be interpreted in a reasonable manner to affect the purpose of the
Parties and this easement deed.
7. AMENDMENTS (DES19.1 N)
No alteration or variation of the terms of this easement shall be valid unless made in writing and signed by the
Parties, and no oral understanding or agreement not incorporated herein shall be binding on any of the Parties.
8. ATTORNEYS' FEES (PMES16.1S)
In any action or proceeding brought to enforce or interpret any provision of this easement, or where any
provision hereof is validly asserted as a defense, each Party shall bear its own attorneys' fees and costs.
9. SUCCESSORS AND ASSIGNS (PMES 18.1 S)
The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors,
administrators and assigns of the Parties hereto.
10. AUTHORITY (PMES20.1 S)
The Parties hereto represent and warrant that this easement deed has been duly authorized and executed and
constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance
with its terms.
II
II
II
II
II
GRANTOR
CITY OF SAN JUAN CAPISTRANO
Date: By: -----------------------------
Title: ----------------------------
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)
)
COUNTYOF )
ACKNOWLEDGMENT
On 20_, 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.
Notary Public
(SEAL)
Approved as to Form:
Office of the County Counsel
County of Orange, California
By:
Deputy
Date: --------------------------
DISTRICT
ORANGE COUNTY FLOOD CONTROL
DISTRICT, a body corporate and politic
By: __________________________ _
Shane L. Silsby, Director
Orange County Public Works
Per Minute Order dated June 21, 2005
Date: --------------------------
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)
)
COUNTYOF )
ACKNOWLEDGMENT
On , 20_, 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.
Notary Public
(SEAL)
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by this 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 21,2005, ofthe said Board of Supervisors, and the ORANGE COUNTY FLOOD CONTROL DISTRICT
consents to recordation thereof by its duly authorized officer.
Date: _________ _
Approved as to Form
Office ofthe County Counsel
Orange County, California
By: ________________ __
Date: _________ _
Deputy
ORANGE COUNTY FLOOD CONTROL DISTRICT
By:----------------------------~---
Name: Shane L. Silsby
Title: Director
Orange County Public Works
Per Minute Order dated June 21,2005
EXHIBIT A
LEGAL DESCRIPTION
San Juan Creek Channel improvements
Facility No.: LOI
Parcel No.: 135
That portion of that certain land, in the City of Dana Point, County of Orange, State of California,
described as Parcel Ll-113 .0 I in the Final Order of Condemnation recorder January 8, 1963, in
Book 63 86, Page 776 of Official Records. in the 'otficc of the County Recorder of said county
described as follow:
Commencing at the northeasterly corner of said Parcel L 1 -113.01, said corner also being the
southeasterly terminus of that certain course in the northeasterly line of said Parcel shown as
having a bearing of South 65°15'41" East, and a length of 136.02 feet on Record of Survey No. 87-
1004, filed May 23, 1989 in Book 122, Pages 28 through 46 of Records of Survey in said County
Recorder's Office, thence North 65°15'41" West, 132.94 feet along said line to a line parallel with
and 145.00 feet easterly of the centerline of San Juan Creek, as said centerline is shown on said
Record of Survey, and the TRUE POINT OF BEGINNING; thence leaving said line,
South 11 °36'44" West, 585.38 feet along said parallel line to the southeasterly line of said Parcel;
thence South 24°44'19" West, 63.50 feel along said line to the southeasterly comer of said Parcel;
thence North 65° 15'41'' West, 5.73 feet along the southwesterly line of said Parcel to a line parallel
with and 20.00 feet westerly of the last described parallel line; thence leaving said southwesterly
line, North ll 0 36'44" East, 650.58 feet along said parallel line to the northeasterly line of said
Parcel; thence South 65°15'41" East, 20.54 feet along said line to the TRUE POINT OF
BEGINNING. I
Containing 0.288 Acres , more or less.
See EXHIBIT B attached and by reference made a part.
APPROVED
Kevin Hills, County Surveyor, L.S. 6617
Datc/..2 -/-/6
LINE
L1
L2
L3
L4 -L5
L6
LINE TABLE
BEARING DIST.
N 65'15'41H w 132.94'
S 11'36'44n W 585.38'
s 24'44'19" w 63.50'
N 65;t5'4t• w -----:5."73'
N 11'36'44 H E 650.58'
S 65'15'41. E 20.54 '
"-'..1 J ·~
t . I
I
~1-113.01 PER (Rt)
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REFERENCES:
(R1) = BOOK 6386 PAGE 776 O.R.
(R2) = R.S. NO. 87-1004, R.S.B. 122/28-46 --
OC PUBLIC WORKS
OC SURVEY
ROW ID NO. 2016-092 EXHIBITB
WAY SERVICES SCALE : 1" = 120' SHEET 1 OF 1
PROJECT: SAN JUAN CREEK CHANNEL (L01) IMPROVEMENTS
Project Briefing
Updated: 0 7120/2017
San Juan Creek Channel (L01) Levee Protection Project, Phases 4, 5 & 6
Project Information:
• Project Limits: The project is located in the Cities of San Juan Capistrano and Dana
Point from Stone hill Drive to approximately 2,100 feet upstream (left) and 6,000 feet
upstream (right).
• Project Description: The project involves installation of sheet piles with steel anchor
columns and tension cables, construction of a reinforced concrete pile cap, construction
of reinforced masonry block flood walls and over side drains with flap valves and
installation of modified guard cable fence. The left side requires reconstruction of an
AC bike trail and the aggregate base trail on the right side will be restored after
installation of the sheet piles.
• Estimated Project Cost: $33,000,000
Schedule Milestones:
• Award CMAR Design & Construction contracts April2017, July 2017
• Design (PS&E) 100% August 2017
• Issue NTP to CMAR for Construction September 2017
• Begin construction September 2017
• End construction June 2019
Activities:
• Negotiating GMPs with CMAR contractor
• Preparing Plans, Specifications and Estimates (PS&E)
• Finalizing agreement with DWR for Grant Fund
• Preparing NTP for GMP #1 for sheet pile & other long-lead material procurement
• Hosting Public Outreach Meeting jointly with Cities and Ames on 8/3/17
A 1T ACHMENT 3