AGENDA
PROPERTY MANAGEMENT COMMITTEE MEETING
WITH BOARD OF DIRECTORS *
ORANGE COUNTY WATER DISTRICT
18700 Ward Street, Fountain Valley (714) 378-3200
Friday, September 23, 2016, 12:00 p.m. Conference Room C-2
*The OCWD Property Management Committee meeting is noticed as a joint meeting with the Board of
Directors for the purpose of strict compliance with the Brown Act and it provides an opportunity for all
Directors to hear presentations and participate in discussions. Directors receive no additional
compensation or stipend as a result of simultaneously convening this meeting. Items recommended for
approval at this meeting will be placed on the October 5, 2016 Board meeting Agenda for approval.
ROLL CALL
ITEMS RECEIVED TOO LATE TO BE AGENDIZED
RECOMMENDATION: Adopt resolution determining need to take immediate action on item(s) and
that the need for action came to the attention of the District subsequent to the posting of the Agenda
(requires two-thirds vote of the Board members present, or, if less than two-thirds of the members are
present, a unanimous vote of those members present.)
VISITOR PARTICIPATION
Time has been reserved at this point in the agenda for persons wishing to comment for up to three
minutes to the Board of Directors on any item that is not listed on the agenda, but within the subject
matter jurisdiction of the District. By law, the Board of Directors is prohibited from taking action on such
public comments. As appropriate, matters raised in these public comments will be referred to District
staff or placed on the agenda of an upcoming Board meeting.
At this time, members of the public may also offer public comment for up to three minutes on any item
on the Consent Calendar. While members of the public may not remove an item from the Consent
Calendar for separate discussion, a Director may do so at the request of a member of the public.
CONSENT CALENDAR (ITEMS NO. 1)
All matters on the Consent Calendar are to be approved by one motion, without separate discussion on
these items, unless a Board member or District staff request that specific items be removed from the
Consent Calendar for separate consideration.
1.
MINUTES OF PROPERTY MANAGEMENT COMMITTEE MEETING AUGUST 26, 2016
RECOMMENDATION:
Approve minutes as presented
MATTERS FOR CONSIDERATION
2.
EASEMENT AGREEMENT TO THE CITY OF ANAHEIM FOR THE MODIFICATION OF
ELECTRICAL POLES AND GUY SYSTEMS AT LA PALMA RECHARGE BASIN
RECOMMENDATION:
Agendize for October 5 Board meeting: Authorize the General
Manager to negotiate and execute an Easement Agreement with the
City of Anaheim for the relocation of power poles and guy anchor
systems at La Palma Recharge Basin
3.
RENEWAL OF LEASE TO DAN COPP CRUSHING CORPORATION
RECOMMENDATION:
Direct staff as appropriate
INFORMATIONAL ITEM
4.
STATUS UPDATE ON THE GENERAL PLAN AND ZONE CHANGE FOR THE BALL ROAD
BASIN PROPERTY
CHAIR DIRECTION AS TO ITEMS TO AGENDIZE AS MATTERS FOR CONSIDERATION
AT THE OCTOBER 5 BOARD MEETING
DIRECTORS' COMMENTS/REPORTS
GENERAL MANAGER’S COMMENTS/REPORTS
ADJOURNMENT TO CLOSED SESSION
• CONFERENCE WITH REAL PROPERTY NEGOTIATORS
[Government Code Section 54956.8]
Real property located at:
OCWD negotiators:
Negotiating party:
Under negotiation:
14995 River Road, Corona, CA 92880
Bruce Dosier
Elaine Raahauge d.b.a. Mike Raahauge Shooting Enterprises
Price and Terms
RECONVENE IN OPEN SESSION
ADJOURNMENT
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PROPERTY MANAGEMENT COMMITTEE
Committee Members
Steve Sheldon
- Chair
Jan Flory
- Vice Chair
Roman Reyna
Dina Nguyen
Roger Yoh
Alternates
Phil Anthony
Denis Bilodeau
Jordan Brandman
Shawn Dewane
Cathy Green
-
Alternate 1
Alternate 2
Alternate 3
Alternate 4
Alternate 5
In accordance with the requirements of California Government Code Section 54954.2, this agenda has
been posted at the guard shack entrance and in the main lobby of the Orange County Water District,
18700 Ward Street, Fountain Valley, CA and on the OCWD website not less than 72 hours prior to the
meeting date and time above. All written materials relating to each agenda item are available for public
inspection in the office of the District Secretary. Backup material for the Agenda is available at the
District offices for public review and can be viewed online at the District’s website: www.ocwd.com
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related
modification or accommodation in order to participate in a meeting, including auxiliary aids or services,
may request such modification or accommodation from the District Secretary at (714) 378-3233, by
email at jdurant@ocwd.com by fax at (714) 378-3373. Notification 24 hours prior to the meeting will
enable District staff to make reasonable arrangements to assure accessibility to the meeting.
As a general rule, agenda reports or other written documentation has been prepared or organized with
respect to each item of business listed on the agenda, and can be reviewed at www.ocwd.com. Copies
of these materials and other disclosable public records distributed to all or a majority of the members of
the Board of Directors in connection with an open session agenda item are also on file with and
available for inspection at the Office of the District Secretary, 18700 Ward Street, Fountain Valley,
California, during regular business hours, 8:00 am to 5:00 pm, Monday through Friday. If such writings
are distributed to members of the Board of Directors on the day of a Board meeting, the writings will be
available at the entrance to the Board of Directors meeting room at the Orange County Water District
office.
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MINUTES OF THE
PROPERTY MANAGEMENT COMMITTEE MEETING
WITH BOARD OF DIRECTORS
ORANGE COUNTY WATER DISTRICT
August 26, 2016 @ 12:00 p.m.
Chair Sheldon called the Property Management Committee meeting to order at 12:00 p.m. in
Conference Room C-2. The Secretary called the roll and reported a quorum as follows.
Committee
Steve Sheldon
Jan Flory
Roman Reyna
Dina Nguyen
Roger Yoh
(not present)
(not present)
(arrived 12:02 p.m.)
Alternates
Phil Anthony
(not present)
Denis Bilodeau
Jordan Brandman (arrived 8:12 p.m.)
Shawn Dewane
Cathy Green
OCWD Staff
Mike Markus – General Manager
John Kennedy – Executive Director
Bruce Dosier - Director IS/Property
Janice Durant – District Secretary
Don Jackson – Property Manager
Cindy Leinart – Property Manager
Others
Karen Ayres – Dan Copp Crushing
Pamela Galera – City of Anaheim
Steve Conklin – Yorba Linda Water District
ITEM TOO LATE TO BE AGENDIZED
General Counsel Kuperberg noted that the Board Committee meetings are posted as joint
meetings with the Board which allows all 10 board members to sit in on the in-depth discussions
and review of items. He stated it also means that the Board can conduct general Board business.
Mr. Kuperberg advised of an item requiring the immediate attention of the Board that came to
staff’s attention after the posting of the Agenda for today’s meeting regarding the District’s existing
litigation with Northrop. He recommended the Board conduct a special Board meeting during
today’s Property Management Committee meeting to discuss the item. The Board took the
following action adding this urgency item to today’s Agenda.
Upon motion by Director Flory, duly seconded and carried [6-0], the addition of a Closed
Session Board meeting to today’s Agenda is hereby authorized to confer with General
Counsel regarding OCWD v. Northrop, et al (North Basin VOC Litigation) Superior Court
Case No. 04CC00715.
[Ayes: Sheldon, Bilodeau, Flory, Yoh, Dewane, Green] 6-0
CONSENT CALENDAR
Directory Flory requested the removal of Item No. 2 from the Consent Calendar. The balance of
the Consent Calendar was approved upon motion by Director Flory, seconded by Director Sheldon
and carried [5-0].
[Yes-Sheldon, Flory, Yoh, Bilodeau, Dewane]
1.
Minutes of the Meeting
The Minutes of the Property Management Committee meeting held June 24, 2016 were
approved as presented.
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2.
Amendment to Pheasant Hunting Lease to Elaine Raahauge d.b.a. Mike Raahauge’s
Shooting Enterprises at Prado Basin
This item was removed from the Consent Calendar and considered separately.
3.
Contract for Vector Control Services to West Valley Mosquito and Vector Control District
Agendize for September 7 Board meeting: Approve and authorize execution of Contract
No. OCWDC021001 with West Valley Mosquito and Vector Control District (WVMVCD)
providing for reimbursement to WVMVCD for vector control services during the period
September 21, 2016 through June 30, 2021 at a fee of $80 per hour plus the cost of products
used on location.
ITEM REMOVED FROM THE CONSENT CALENDAR FOR CONSIDERATION
2.
Amendment to Pheasant Hunting Lease to Elaine Raahauge d.b.a. Mike Raahauge’s
Shooting Enterprises at Prado Basin
Director Flory requested an update on the Remedial Investigation/Feasibility Study being performed
on the Raahauge shooting range. Director of Property Management Bruce Dosier advised that staff
received the final feasibility study and would bring it to the Property Ad hoc Committee and the
September Property Management Committee for review.
Upon motion by Director Flory, seconded by Director Dewane and carried [5-0], the
Committee recommended that the Board at its September 7 meeting: Approve and authorize
execution of Amendment Eleven to Lease for Pheasant Hunting to Elaine Raahauge d.b.a.
Mike Raahauge’s Shooting Enterprises that provides for a one-year extension of the lease
through September 30, 2017, with all terms and conditions remaining the same.
[Ayes - Sheldon, Flory, Yoh, Bilodeau, Dewane ]
MATTERS FOR CONSIDERATION
4.
Renewal of License with Southern California Edison for the Talbert West End
Improvement Project (Harper Park)
Mr. Dosier explained that the five-year license agreement with Southern California Edison (SCE)
expires on October 31, 2016 for the Talbert West End Improvement Project (Harper Park). He stated
SCE has submitted a License Agreement for an additional five-year period (years 2016 through
2021) with a revised annual fee schedule.
Upon motion by Director Flory, seconded by Director Dewane and carried [5-0], the
Committee recommended that the Board at its September 7 meeting: Approve and authorize
renewal of SCE License Contract No. 9.4176 formerly Contract No. L3085 required for the
Talbert West End Improvement Project (Harper Park) for a total fee of $ 71,794 for a five-year
period commencing November 1, 2016.
[Ayes - Sheldon, Flory, Yoh, Bilodeau, Dewane]
Director Brandman arrived at 12:06 p.m. at this point in today’s meeting.
5.
Yorba Linda Water District Request For Lease For Proposed Water Well At Huckleberry Pond
Mr. Dosier recalled that on October 1, 2014, the Board granted conceptual approval to the Yorba
Linda Water District (YLWD) for a well site and a pipeline easement for its proposed Well No. 22 to
be located at Huckleberry Pond, at the south end of Fee Ana Street, Anaheim; and directed staff to
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negotiate the lease terms and conditions and return to Committee for final review and approval. He
stated that staff has negotiated terms of the Lease and recommends approval. The Committee
agreed that this Lease is mutually beneficial, and the following action was taken.’
Upon motion by Director Flory, seconded by Director Dewane and carried [5-0], the
Committee recommended that the Board at its September 7 meeting:
1) Approve and authorize execution of lease agreement with Yorba Linda Water
District’s to construct a groundwater production well and appurtenant pipeline and
drain pipe at Huckleberry Pond, including a construction and maintenance area, for a
term of 50 years with an expiration date of September 31, 2066; with rent to consist of
a 6” water service connection and submeter for water, at no cost to the District, from
YLWD Well No. 21 at Warner Basin, to fill District and its contractor’s water trucks;
and irrigation of landscape area at Warner Basin; and
2) Authorize the General Manager to negotiate and execute an easement deed with the
City of Anaheim for electrical service at the YLWD Well Site No. 22
[Ayes - Sheldon, Flory, Yoh, Bilodeau, Brandman]
6.
Renewal of Lease to Dan Copp Crushing Corporation
Mr. Dosier reported the Dan Copp Crushing Lease expires on March 31, 2017 and that they have
requested activation of the two five-year extensions remaining on the lease, providing them with a
new expiration date of 2027. He noted they have proposed removing their sublessees in order to
expand their operation and move their headquarters to the site. Staff noted that inquiries from other
parties interested in leasing the premises have been received. The Committee discussed the
suitability of this 8.2 acre site for recharging storm water, and agreed that a Request for Proposals
for lease of the land should be issued as soon as possible to provide Dan Copp Crushing with
sufficient time to move its operation should the need be. Staff was requested to contact VOIT Real
Estate to assist in determining the value of the property for either lease or sale.
Upon motion by Director Yoh, seconded by Director Flory and carried [5-0], the Committee
recommended that the Board at its September 7 Board meeting:
1) Authorize and direct staff to prepare and circulate an RFP for the Richfield Road
property to determine the level of interest in a lease by prospective tenants to utilize
the property under the current Conditional Use Permit (CUP); and
2) Work with Voit Real Estate for to determine the value of the property for either lease or
sale.
[Ayes - Sheldon, Flory, Yoh, Bilodeau, Brandman]
INFORMATIONAL ITEMS
7.
Status Update on the General Plan and Zone Change for Ball Road Basin Property
Mr. Dosier stated the traffic analysis for the Ball Road Basin Property is still in the works and that the
legal descriptions and parcel map are now complete.
8.
Quarterly Report on Leases and Permits/Licenses for the Period Ending June 30, 2016
Mr. Dosier reported that all Leases and Permits/Licenses are current with the exception of the
Sandbagger Lease which is one month late.
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CHAIR DIRECTION AS TO ITEMS TO AGENDIZE AS MATTERS FOR CONSIDERATION AT THE
SEPTEMBER 7 BOARD MEETING
It was agreed to place Item No. 6 on Matters for Consideration for the September 7 Board meeting,
with the balance of the action items to be placed on the Consent Calendar.
ADJOURNMENT
The Property Management Committee then adjourned and the Board continued in Closed Session.
at a special meeting of the Board of Directors at 12:40 p.m.
SPECIAL BOARD OF DIRECTORS MEETING
President Green called to order the August 26, 2016 special meeting of the Orange County Water
District Board of Directors at 12:40 p.m. at the District office. The District Secretary called the roll and
reported a quorum as follows.
Directors
Philip Anthony
(not present)
Denis Bilodeau
Jordan Brandman
Shawn Dewane
Jan Flory
Cathy Green
Dina Nguyen
(not present)
Roman Reyna
(not present)
Stephen Sheldon
Roger Yoh
Staff
Michael Markus, General Manager
Joel Kuperberg, General Counsel
Janice Durant, District Secretary
VISITOR PARTICIPATION
There were no persons wishing to address the Board.
ADJOURNMENT TO CLOSED SESSION
The Board adjourned to Closed Session at 12:40 p.m. as follows.
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION –
[Government Code Section 54956.9(a)]
OCWD v. Northrop Corporation, et al (North Basin VOC Litigation)
Superior Court Case No. 04CC00715
RECONVENE IN OPEN SESSION
The Board reconvened in Open Session at 1:15 p.m. whereupon General Counsel Kuperberg
advised that no reportable action took place in Closed Session.
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ADJOURNMENT
There being no further business to come before the Board, the meeting was adjourned at
1:15 p.m.
Cathy Green, President
Stephen Sheldon, Chair
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AGENDA ITEM SUBMITTAL
Meeting Date: September 23, 2016
To: Property Management Committee
Board of Directors
From: Mike Markus
Staff Contact: B. Dosier/C. Leinart
Subject:
Budgeted: N/A
Proposed Budget: N/A
Cost Estimate: N/A
Funding Source: N/A
Program/Line Item No. N/A
General Counsel Approval: Yes
Engineers/Feasibility Report: N/A
CEQA Compliance: N/A
EASEMENT AGREEMENT TO THE CITY OF ANAHEIM FOR THE
MODIFICATION OF ELECTRICAL POLES AND GUY SYSTEMS AT LA
PALMA RECHARGE BASIN
SUMMARY
On January 29, 2014, the District acquired the 17.69-acre property at 3199 East La Palma
Avenue, Anaheim (Property) from La Palma/Miller Owners LLC (Panattoni) to construct the
La Palma Recharge Basin (Basin). The City of Anaheim Public Utilities (APU) holds two utility
easements on the Property for power poles, guy anchors, access and related purposes.
Three wooden power poles and two guy anchor systems have been relocated by the District,
with APU’s approval, to increase the Basin’s wetted area by approximately 8,000 square feet,
with the increased percolation area expected to provide an additional 670 acre feet (AF) per
year of recharge capacity. A new utility easement to APU is required to revise the easement
premises for the utilities.
Attachment(s): DRAFT: Easement Deed with the City of Anaheim
RECOMMENDATION
Agendize for October 5 Board meeting: Authorize the General Manager to negotiate and
execute an Easement Agreement with the City of Anaheim for the relocation of power poles
and guy anchor systems at La Palma Recharge Basin.
BACKGROUND / ANALYSIS
The Property is comprised of approximately 17.69 acres and is located adjacent to the
Carbon Creek Diversion Channel and the District’s existing GWRS pipeline. Construction of
the Basin consisted of excavating, transporting the sandy excavated material to other District
facilities, constructing a pipeline to connect the basin with the existing GWRS distribution
pipeline, and constructing a dewatering pump station.
APU holds two easements on the Property for power poles, guy anchors and related
purposes. Three wooden power poles and two guy anchor systems have been relocated by
the District, with APU’s approval, to increase the Basin’s wetted area by approximately 8,000
square feet, with the increased percolation area expected to provide an additional 670 acre
feet (AF) per year of recharge capacity. Relocating the existing APU power poles and guy
anchors on the site allowed increasing the La Palma Basin wetted area by approximately
8,000 square feet. The increased wetted area is a result of not requiring a wide access road
around the existing poles and guy anchor systems. Using a conservative percolation rate of
10 feet per day, a wetted area of 8,000 square feet would result in approximately 670
additional acre feet per year of water recharge capacity.
La Palma Basin Power Pole Modifications
Additionally, by relocating the existing power poles and guy anchors on the Property, less
land is required for the utilities and therefore the area of the existing APU easements can be
reduced. As part of the new easement, APU would vacate their existing utility easements
located on the Property.
On October 15, 2014, the Board approved $398,000 for the relocation of three wooden
power poles and two guy anchor systems. The utilities have been relocated and staff is
recommending granting the new easement to APU.
PRIOR RELEVANT BOARD ACTION(S)
7/20/16, R16-7-99:
Ratify Amendment No. 1 to Agreement No. 1110 with American Geotechnical,
Inc. in the amount of $7,400 for additional geotechnical and material testing
services; and Authorize Amendment No. 2 to Agreement No. 1110 with
American Geotechnical, Inc. in the amount of $7,001.50 for additional
geotechnical and material testing services of the La Palma Recharge Basin
Project.
5/18/16, R16-5-59:
Authorizing Amendment to La Palma Recharge Basin Project Agreements to
Bonterra Psomas for cultural resources monitoring and Agreement to Stantec
for support services
9/16/15, R15-5-130: Receive and file Affidavit of Publication of Notice Inviting Bids for Contract No.
LPRB-2015-1, La Palma Recharge Basin; Accept bid and award contract to the
lowest responsive bidder Los Angeles Engineering, Inc. in the amount of
$7,134,563.30; Authorize issuance of Agreement to American Geotechnical,
Inc. in the amount of $12,500 for construction testing services; Authorize
issuance of Agreement to Bonterra Psomas in the amount of $22,100 for
archaeological, paleontological, and Native American resources monitoring;
and Authorize an increase of $2,700,000 to the budget, for a total project
budget of $8,450,000
5/20/15, R15-5-67:
State OCWD Intention to reimburse itself for expenditures paid prior to
issuance of obligations or approval by State Water Board of the Project Funds
for the La Palma Recharge Basing Project
5/20/15, M15-88:
Authorize publication of Notice Inviting Bids for Contract No. LPRB-2015-1, La
Palma Recharge Basing Project
3/18/15, R15-3-35:
Authorize issuance of Amendment No. 1 to Agreement No. 0999 with Stantec
Consulting Services, Inc. for an amount not to exceed $24,820 for additional
out-of scope engineering services in support of the design of the La Palma
Recharge Basin Project, Certify the Final Environmental Impact for the La
Palma Recharge Basin Project, Adopt the Findings of Fact and Statement of
Overriding Consideration, and Authorize Staff to file the Notice of
Determination for Final Environmental Impact for the La Palma Recharge Basin
Project
10/15/14, R14-10-140: Approve Agreements with Anaheim for modification of electrical poles and guy
systems at La Palma Recharge Basin
6/18/14 R14-6-84:
Authorize Agreement to Stantec Consulting Services for La Palma Recharge
Basin Design
5/21/14 R14-5-65:
Authorize issuance of a Work Order to Michael Brandman/First Carbon
Solutions for Air Quality/Greenhouse Gas Emission and Traffic Technical
studies and authorize issuance of a Work Order to BonTerra for Cultural
Resources Technical study
3/19/14 M14-46:
Authorize issuance of a Request for Proposals for the design of the La Palma
Recharge Basin
1/16/13 R13-1-4:
Environmental Site Assessment for Property Located at 3199 E. La Palma Ave
in Anaheim
7/10/13 R13-7-84:
Making CEQA Findings and Approving an Engineer’s Report for the Acquisition
of the Property at 3199 E. La Palma Ave in Anaheim for Use as a
Replenishment Basin; and Authorizing Execution of Purchase and Sale
Agreement
LOCATION MAP
Recording Requested by:
City Clerk of the City of Anaheim
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF ANAHEIM
P.O. BOX 3222
ANAHEIM, CA 92803
EXEMPT-GOVERNMENT AGENCY
(Government Code §§6103 & 27383)
By:
City Clerk, City of Anaheim
(Space Above Line For Recorder's Use Only)
EASEMENT DEED
City Deed#
APN#
File#
345-081-27
FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the
ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California organized under
Chapter 924 of the Statutes of 1933, as ("Grantor") HEREBY GRANTS to the CITY OF ANAHEIM, a
municipal corporation ("Grantee") a non-exclusive easement for public utility and telecommunication
purposes to construct, reconstruct, install, replace, reconfigure, operate, maintain, repair, relocate,
remove, inspect, observe, and study Grantee's facilities, equipment, and related appurtenances in, on,
over, under, upon, above, along and across the land in the City of Anaheim, County of Orange, State
of California, described in Exhibits "A" and "B" attached hereto and incorporated by reference herein
("Easement Area"), together with all rights of ingress and egress thereto, including the right to enter
onto the Easement Area with such vehicles, machinery, and equipment as may be necessary or
convenient to the construction, reconstruction, installation, replacement, reconfiguration, operation,
maintenance, repair, relocation, removal, inspection, observation, and study of said facilities, equipment,
and appurtenances.
Except as otherwise provided herein, Grantee has the right to prevent any activity on or use of
the Easement Area that (a) is inconsistent with the purposes of this easement; (b) interferes with or is
harmful to Grantee's rights herein; or (c) interferes with or is harmful to Grantee's facilities. Grantor
agrees not to use or allow the use of the Easement Area in such a way as to impede, harm, or interfere
with (a) the Grantee's rights as defined herein; or (b) Grantee's facilities. Grantee will backfill to
grade, pay reasonable costs of removal, repair or restoration, of grass or asphalt only within the
Easement Area affected by work performed by Grantee in furtherance of the rights granted herein.
RESERVATION: Subject to the rights conveyed above to Grantee, Grantor reserves the right unto itself
(a) Grantor further reserves unto itself the rights of ingress and egress over all or any portion of the Easement
Area; (b) to perform any and all work involved in protecting, replenishing and/or conserving the basin
groundwater supply and any other work necessary to the functions or purposes of Grantor, as set forth in the
Orange County Water District Act, Chapter 924 of the California Statutes of 1933, as amended, upon any
portion or all of the Easement Area at any time. Such work in (b) of the previous sentence may be performed
without incurring any liability of any nature whatsoever to Grantee, and Grantee hereby releases Grantor
from, and covenants not to sue Grantor for, any such liability.
2. SUCCESSORS: This Easement Deed, and all of the terms, conditions and provisions herein, shall
inure to the benefit of, and be binding upon, Grantor, Grantee, and their respective successors, transferors,
and assigns.
3. GOVERNING LAW: This Easement Deed and the performance thereof shall be governed,
interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County.
4. MAINTENANCE: Grantee shall maintain all improvements that Grantee constructs in the Easement
Area in good condition at its sole cost and expense. Grantee's maintenance activities shall not be subject to
Paragraphs 5 of this Easement Deed, except to the extent that a maintenance activity involves a material
disturbance of the soil of the Easement Area.
5. IMPROVEMENTS: Prior to the commencement of construction of any improvements, Grantee shall
submit construction plans to Grantor’s General Manager or the General Manager’s designee for prior
written approval, which approval will not be unreasonably withheld. Grantee shall coordinate construction
activities on OCWD property with OCWD’s Engineering Department, which is located at the OCWD’s
Fountain Valley Office, 18700 Ward Street, Fountain Valley, CA 92708, (714) 378-3200.
6. SUMMARY VACATION: Concurrently with the recordation of this Easement Deed, Grantee shall
approve and record resolution vacating its interest in those existing easements recorded January 29, 2014 as
Document Number 2014000037312; and November 7, 1962 as Document Number 5402 in Book 6314,
Page 723-724, in Official Records of the County of Orange, California.
DATED:
ORANGE COUNTY WATER DISTRICT,
a political subdivision of the State of California
organized under Chapter 924 of the Statutes of 1933,
as amended
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP.
By: _____________________________
General Counsel,
Orange County Water District
By: _____________________________________
Cathy Green, President
By: _____________________________________
Michael R. Markus P.E., General Manager
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AGENDA ITEM SUBMITTAL
Meeting Date: September 23, 2016
To: Property Management Committee
Board of Directors
From: Mike Markus
Staff Contact: B. Dosier/C. Leinart
Subject:
Budgeted: N/A
Budget Amount: N/A
Annual Revenue: $398,700 ($33,225/month)
Funding Source: N/A
Program/Line Item No.: N/A
General Counsel Approval: Required
Engineers/Feasibility Report: N/A
CEQA Compliance: N/A
RENEWAL OF LEASE TO DAN COPP CRUSHING CORPORATION
SUMMARY
On August 4, 2016, Dan Copp Crushing Corporation (DCC) presented a letter requesting to
exercise the two (2) 5-year options on his lease. At the August 23 Property Management
Committee meeting, the Committee considered DCC’s request and recommended that the
Board authorize preparation and circulation of a Request for Proposals (RFP) for the
Richfield Road property (Property), to determine the level of interest by prospective tenants
as well as work with Voit Real Estate to determine the value of the Property for either lease
or sale. On September 7 the Board took action to refer the item back to the Property
Management Committee for further review.
RECOMMENDATION
Direct staff as appropriate
BACKGROUND / ANALYSIS
On March 7, 2007, the District entered into a Lease with DCC for the operation of an asphalt
and concrete crushing/recycling plant; rental of the premises for equipment and material
storage, interim truck parking, contactor storage area for equipment and materials,
contractor’s staging area and a wholesale container nursery located on a 8.2 acre site at
1100 Richfield Road, Anaheim. Current monthly rent is $33,225, with annual Consumer
Price Index (CPI) rent adjustment on April 1 of each year. DCC is in full compliance with the
terms and conditions of their lease and the rent has been made on time.
DCC is requesting to continue operations at the lease site. They intend to expand the
business to include the sale of decorative rock and aggregates, allowing them to make a
transition from having subtenants and, instead, utilize the area for their proposed expansion.
Per Jason Ayres, president of DCC, the ultimate plan is to discontinue subleasing the west
side of the property, preferably by year end, then to discontinue subleasing the east side at a
later date. The new rock storage and sales would not significantly increase vehicles or
equipment at the property.
In addition, DCC is considering the relocation of its company’s main office to the site, in the
form of high-quality modular or portable structures, resulting in low-impact use and negative
influence on the adjacent recharge basins and the Santa Ana River. Prior to placing the
modular structure on District land, DCC will obtain approval from the District and City of
Anaheim.
Staff has reviewed the information provided by Mr. Ayres in his request and has no objection
to DCC’s proposal.
At the August 23 Property Management Committee meeting, the Committee considered
DCC’s request and recommended that the Board authorize preparation and circulation of a
RFP for the Property, to determine the level of interest by prospective tenants under the
current Conditional Use Permit (CUP) as well as work with Voit Real Estate to determine the
value of the Property for either lease or sale. On September 7 the Board took action to refer
the item back to the Property Management Committee to reassess the lease extension
request, including the consideration of additional suggestions and options which have
emerged regarding the property, including additional input from DCC.
Staff is bringing this item back to the Committee for further consideration.
PRIOR RELEVANT BOARD ACTION(S)
9/07/16, M16-XX - Referred item back to Committee for further review.
5/20/15, R15-5-59 - Consent to assignment of Lease with Dan Copp Crushing due to change
in ownership.
9/05/12, R12-9-106 - Authorize issuance of Amendment Three to Lease with Dan Copp
Crushing Corporation at Richfield Road, Anaheim to add two options to renew lease and
Lessee to provide protective barriers on Richfield Road.
11/02/11, R11-11-164 – Authorize issuance of Amendment Two to Lease with Dan Copp
Crushing Corporation at Richfield Road, Anaheim
7/07/10, R10-07-102 - Authorize issuance of Amendment One to Lease with Dan Copp
Crushing Corporation at Richfield Road, Anaheim
8/15/07, M07-112 - Authorize lowering of General Liability Insurance Coverage for Dan Copp
Crushing Corporation Subleases.
3/07/07, R07-3-28, Approve lease with Dan Copp Crushing Corporation for lease for a
concrete and asphalt crushing/recycling operation.
Location Map
Dan Copp Crushing
8.2 acres
4
AGENDA ITEM SUBMITTAL
Meeting Date: September 23, 2016
To: Property Management Committee
Board of Directors
From: Mike Markus
Staff Contact: B. Dosier/C. Leinart
Subject:
Budgeted: N/A
Budget Amount: N/A
Cost Estimate: N/A
Funding Source: N/A
Program/Line Item No.: N/A
General Counsel Approval: N/A
Engineers/Feasibility Report: N/A
CEQA Compliance: N/A
STATUS UPDATE ON THE GENERAL PLAN AND ZONE CHANGE FOR
THE BALL ROAD BASIN PROPERTY
SUMMARY
At the September 2, 2015 Board of Directors meeting, staff was directed to continue the
process to change the General Plan and Zoning from Open Space/Transitional to General
Commercial with the City of Anaheim (City) for the Ball Road Basin (BRB) property. Staff
will update the Committee.
RECOMMENDATION
Informational.
DISCUSSION/ANALYSIS
In 2007, the Board authorized staff to begin the process to change the General Plan and
Zoning of the Ball Road Basin property from Open Space/Transitional to General
Commercial. A Conceptual Design Review application was submitted by the District to the
City for a General Plan Amendment and Zone Change and updated in April 2011. As part
of the process, an Environmental Impact Report (EIR) was being prepared by
Environmental Advisors, LLC. The First Screen Check Draft EIR (DEIR) developed by
Environmental Advisors had been reviewed by City Staff and by the City’s independent
environmental consultant for peer review. In October 2013, Environmental Advisors
submitted the Second Screen Check DEIR to District staff for review, incorporating the
City’s and City’s consultant review comments. Although the District has been in the
process of changing the General Plan and Zoning, there is no guarantee that the General
Plan and Zone change will be approved.
In 2014, the Board suspended efforts on changing the General Plan and Zoning and the
EIR. This was due to the District executing an Option Agreement for a Lease of the Ball
Road Basin property with Orange County Energy Park, LLC, a wholly owned subsidiary of
Competitive Power Ventures, Inc. (OCEP) for potential use as an electrical generating
facility. In November 2014, OCEP terminated the Option Agreement, releasing their
interest in the property.
On September 2, 2015, the Board directed staff to continue the process to change the
General Plan and Zoning with the City for the Ball Road Basin property, including
continuing the development of the EIR. Subsequent to that, the Board authorized a
Change Order to Environmental Advisors in the amount of $28,295 for additional work on
the EIR; authorized an agreement with Environmental Advisors for land entitlement and
government relations services in the amount not to exceed $26,000; approved the
General Manager to enter into an agreement for survey services in an amount not to
exceed $20,000; and authorized an additional deposit of $20,000 to the City for its
environmental consultant to conduct the peer review of the District’s EIR.
Environmental Advisors is working on the second Draft EIR (DEIR) preparing it for review
by District staff before it is reviewed by City staff. At the July 6, 2016 Board of Directors
meeting, the Board authorize execution of a Change Order to Environmental Advisors in
the amount not to exceed $39,100 for additional work on the Environmental Impact
Report for Ball Road Basin General Plan Amendment and Zone change; specifically, for
the updated Traffic Study from their subcontractor, Transpo Group, which includes an
estimated amount for using the City’s “Anaheim Traffic Analysis Model” (ATAM). The
Traffic Study will evaluate the potential impacts generated by a proposed retail
development at BRB based on the update of existing (2016) and new General Plan traffic
modeling in ATAM per the requirements stipulated by the City. This will include additional
work on the air quality and noise studies. The Traffic Study is currently underway.
Staff will update the committee.
Next Steps.
1.
2.
3.
4.
5.
6.
Completion of the DEIR by Environmental Advisors
Release of DEIR by City of Anaheim
Preparation of Response to comments on DEIR.
Submission of development Application and EIR to City.
Consideration of GPA/ZC by the City’s Planning Commission
Consideration of the GPA/ZC by the Anaheim City Council
Summary of Prior Steps Taken:
November 2006
Letter to OCFCD regarding developing the Ball Road Basin property including
resolving flood easement on Ball Road Basin
February 2007
Letter from OCFCD requesting evaluation of specific issues including a
Hydrology and Hydraulics study prior to conceptual approval of releasing flood
easement on Ball Road Basin
July
RFP issued by OCWD Engineering for Hydrology and Hydraulics study of Ball
Road Basin and Chantilly Storm Channel
August
Filed General Plan Amendment and Zone change with $22,000 deposit with
the City
September
Agreement approved with Boyle Engineering for Hydrology and Hydraulics
study of Ball Road Basin and Chantilly Storm Channel
Received City staff comments regarding the General Plan Amendment and
Zone change
October
Staff met with City staff to review City staff’s comments regarding the General
Plan Amendment and Zone change
January 2008
Staff and Boyle met with OCFCD to discuss the Hydrology and Hydraulics
study and OCFCD’s requirements for conceptual approval of the levee
encroachment and improvements to the Chantilly Storm Drain Extension to the
Santa Ana River
February
Meeting with Army Corps of Engineers (Corps) to discuss the Hydrology and
Hydraulics study and Corps’ requirements for conceptual approval of the levee
encroachment and improvements to the Chantilly Storm Drain Extension to the
Santa Ana River
March
Letter sent to the Corps by Boyle requesting conceptual approval
April
Letter received from Corps stating conceptual approval
Staff and Boyle met with OCFCD to discuss the Corps conceptual approval
Letter sent to OCFCD requesting conceptual approval
August
Letter received from OCFCD stating conceptual approval and would be able to
relinquish their easement over the Basin provided that certain criteria, as
outlined in the letter, are met
September
Boyle finalized the Hydrology and Hydraulics report
October
Draft Agreement sent to OCFCD
March 2009
Staff received a revised draft Agreement and is reviewing
April
Staff has reviewed the agreement and has requested a meeting with OCFCD
to discuss and clarify several items including assignment of the agreement to
another party.
May
Staff met with OCFCD staff to discuss and clarify several items including
assignment of the agreement to another party.
June
Staff sent revised agreement to OCFCD.
October
Staff discussed changes to agreement with County Counsel.
Staff advised by OCFCD that they are still reviewing the draft Agreement
April 2010
Staff received a revised draft Agreement and is reviewing
May
Staff reviewing revised draft Agreement
June
Staff submitted comments regarding Guaranty to OCFCD
August
Staff met with OCFCD to discuss Guaranty and potential alternatives
Staff received a revised draft Agreement and is reviewing
September
Staff reviewing revised draft Agreement
Staff advised that OCFCD will be providing additional revisions
November
Staff advised that OCFCD is finalizing the revised draft Agreement
December
Staff received revised Agreement from OCFCD
January 2011
Staff reviewed Agreement and provided additional comments to OCFCD
February
Staff met with City staff to determine how to proceed with the GPA/ZC
March
Staff received final draft Agreement from OCFCD
April
Filed an updated application for the GPA/ZC
May
Hired Chamber’s Group, Inc. for CEQA Initial Study
August
OCFCD sent signing copies of agreement for OCWD signature
September
Returned signed copies of the agreement to OCFCD for processing.
October
Met with Anaheim Planning and Traffic staff to discuss traffic study
requirements in the Initial Study
January 2012
Chambers developing Initial Study (traffic study)
OCFCD agreement agendized for OC Board of Supervisors approval
February
Chambers continued development of Initial Study (traffic study and air quality
report)
March
Chambers continued development of Initial Study (waiting for Anaheim data for
traffic study)
April
Traffic and Air studies complete and Chambers has provided a draft Initial Study
for staff review
May
Staff reviewing draft Initial Study
July
Final version of Initial Study received from Chambers
Initial Study provided to City of Anaheim
August
Board authorized issuance of an RFP for preparation of an EIR
City of Anaheim provided comments on the Initial Study
September
Initial Study revised by District environmental consultant and provided to City
for additional comments
October
City of Anaheim provided additional comments on the Initial Study
Initial Study revised by District environmental consultant and provided to City for
additional comments
Issued RFP to select consultant to prepare EIR
November
Received proposals to prepare EIR; review proposals and interview firms
December
Board authorized preparation of an EIR by Environmental Advisors for the Ball
Road Basin Property; and Engineering Support services from Adams- Streeter
Engineering.
January 2013
Held EIR kickoff meeting with consultants.
February
NOP distributed and 30-day review period started
Held EIR scoping meeting with City of Anaheim for public comment
March
NOP 30 day review period ended and City has received public comments.
April
Technical studies for EIR prepared
May
Draft technical studies out for review
June
Final technical studies out for review
July
First Screencheck Draft EIR reviewed by staff, City staff and peer review
August
First Screencheck Draft EIR reviewed by staff, City staff and peer review
September
Second Screencheck Draft EIR under development
October
Second Screencheck Draft EIR under review by staff.
Meeting with City staff regarding use as a Utility under Commercial land use
designation
December
Lease Option Agreement executed with Orange County Energy Park, LLC.
(OCEP), Competitive Power Ventures, Inc. – “CPV”)
Second Screencheck Draft EIR under review by staff.
January 2014
Meeting with City of Anaheim to discuss additional EIR requirements.
February
Received NOP for EIR from City of Anaheim for City’s proposed GPA/ZC to
Park
March
District sends response letter to NOP
May
District sends letter requesting additional explanation for evaluating park and
power plant alternatives
August
District sends letter to City of Anaheim advising it is suspending efforts on
GPA/ZC
November
OCEP terminates Lease Option Agreement
January 2015
Meeting with City of Anaheim to discuss City’s interest in acquiring Ball Road
Basin for park purposes
September
Board directs staff to continue effort with EIR for GPA/ZC
November
Board approval of change order for additional EIR work for the GPA/ZC; and for
land entitlement and government relations services; and survey services
March 2016
Board authorizes additional funds for City’s peer review.
April
Additional funds approved in March deposited with the City of Anaheim
Depositor Trust Fund.
July
Additional funds approved by the Board for new Traffic Study.
PRIOR BOARD ACTION(S):
07/06/16, R16-7-90
Authorize execution of a Change Order to Environmental
Advisors to exceed $39,100 for additional work on the EIR for
Ball Road Basin General Plan Amendment and Zone change;
and authorize payment to the City of Anaheim in amount not to
exceed $4,000 as an additional deposit of funds for the General
Plan Amendment and Zone Change application to cover District
costs associated with the updated Traffic Study for the City of
Anaheim’s Environmental Impact Report peer review process.
03/16/16, Motion 16-42 Authorize payment of $20,000 to the City of Anaheim as an
additional deposit of funds to cover District costs for the City of
Anaheim’s Environmental Impact Report peer review process.
11/18/15, R15-11-170
Authorize issuance of Change Order to Environmental Advisors
in the amount of $28,295; and agreement with Environmental
Advisors for Services in the amount not to exceed $26,000; and
for survey services not to exceed $20,000 for the General Plan
and Zone Change for the Ball Road Basin Property located on
Ball Road and Phoenix Club Drive, Anaheim.
9/02/15, M15-125
Direct Staff to continue efforts with the EIR in connection with the
application with the City of Anaheim for a General Plan
Amendment and Zone Change for the Ball Road Basin.
8/06/14, M14-114
Directing staff to transmit a letter to City of Anaheim advising that
OCWD is suspending efforts on General Plan Amendment and
Zone Change for the Ball Road Basin Property.
12/09/13, R13-12-145
Option Agreement for the lease of real property to Orange
County Energy Park, LLC, for proposed gas-fired electric,
electrical generation facility on the Ball Road Basin property
located on Ball Road and Phoenix club drive in Anaheim;
authorizing agreement to sell GWRS water to CPV, and requiring
mitigation of traffic impacts.
9/18/2013, R13-9-123
Amendment to Exclusive Due Diligence and Negotiation
Agreement with Basin Development, LLC (Competitive Power
Ventures, Inc. – “CPV”) to allow use of the property as a park by
the City of Anaheim so long as it is consistent with the
development of the power plant that CPV proposes.
8/21/13-R13-8-110
Six-month Exclusive Due Diligence and Negotiation Agreement
with Basin Development, LLC (Competitive Power Ventures, Inc.
– “CPV”) for a potential future lease for an Electrical Generation
Station.
4/03/13, M13-46
Issue check in the amount of $57,500 to City of Anaheim for
additional funds deposit for the General Plan Amendment and
Zone Change; for Sewer Study; and for peer review of the
Environmental Impact Report
12/19/12, R12-19-145
Issue Work Order to Environmental Advisors to prepare an EIR
for an amount not to exceed $185,921; and an Agreement with
Adams-Streeter for engineering support services in the amount
of $24,700
9/07/11, M11-144
Issue Work Order to Chambers Group for an amount not to
exceed $21,000 to prepare traffic and air quality studies
3/02/11, M11-41
Direct staff to hire a consultant to prepare initial study and
determine appropriate CEQA documentation (resulted in hiring
Chambers Group for the amount of $32,611)
2/02/11, R11-2-12
General Manager to finalize and execute the Chantilly Storm
Channel Agreement with Orange County Public Works
Department- Flood Control Division
9/05/07, R07-9-118
Professional Services Agreement to Boyle Engineering
Corporation for an amount not to exceed $47,233 for the Ball
Road Basin Hydrology and Hydraulics Study
8/15/07, M07-111
General Plan Amendment and Zone Change Application with
City of Anaheim for Ball Road Basin and issuance of a check in
the amount of $22,000 to City of Anaheim for the application
deposit.
7/18/07, M07-103
Issue RFP for Hydrology and hydraulics Study of Ball Road
Basin
5/02/07, M07-71
Direct staff to investigate approach for clearing entitlements from
Ball Road Basin property
10/18/06, M06-131
Determine Ball Road Basin not suitable for surface recharge, or
storage; and retaining a portion of the basin for potential injection
well recharge using GWR
Location Map
ay
GWR Pipeline
Phoe
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Ball Road
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270 ft wide
Easement
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57 F
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Ba
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OCFCD
100’ WIDE
EASEMENT
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