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Agenda Item
ASR
Control 24-000368 |
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MEETING
DATE: |
06/04/24 |
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legal entity taking action: |
Board
of Supervisors and Orange County Flood Control District |
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board of supervisors district(s): |
5 |
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SUBMITTING Agency/Department: |
County
Executive Office (Approved) |
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Department contact person(s): |
Thomas
Miller (714) 834-6019 |
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Dylan
Wright (714) 480-2788 |
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Subject: Approve
Easements from OC Parks and OCFCD to Moulton Niguel Water District
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ceo CONCUR |
County Counsel Review |
Clerk of the
Board |
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Concur |
Approved Agreement to Form |
Consent Calendar |
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3 Votes Board Majority |
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Budgeted: N/A |
Current
Year Cost: N/A |
Annual
Cost: N/A |
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Staffing
Impact:
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No |
#
of Positions: |
Sole
Source: N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: N/A |
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RECOMMENDED
ACTION(S):
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1. |
Make the following California
Environmental Quality Act (CEQA) findings: |
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a. |
The Moulton Niguel Water District, as
lead agency under CEQA for this project, has adopted Final Mitigated Negative
Declaration (MND) Regional Lift Station Force Main Replacement Project, SCH#
2109039032 on August 8, 2019. The County of Orange as a responsible agency
under CEQA Guidelines section 15381 has reviewed and considered the Final MND
SCH# 2019039032, prepared by the Moulton Niguel Water District and certifies
that it has done so, pursuant to CEQA Guidelines section 15050(b). |
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b. |
There are no significant environmental
effects within the jurisdiction of the County of Orange which require a
finding on the part of the County of Orange. |
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c. |
The circumstances of the project are
substantially the same as described in Final MND SCH# 2019039032 and no
substantial changes have been made to the project, no substantial changes
have occurred in the circumstances under which the project is being undertaken,
and no new information of importance to the project which was not known or
could not have been known when the previous Final MND SCH# 2019039032 was
adopted, have become known. |
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d. |
The County of Orange hereby adopts and
will implement those feasible mitigation measures related to those aspects of
the project, if any, that are within its separate authority, pursuant to
Guidelines section 15096 (g)-(h). |
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2. |
Acting as the County of Orange, approve
the Easement for Wastewater Facilities to Moulton Niguel Water District for
the purpose of the construction of two 24-inch force main pipelines to
replace existing force main pipelines from Moulton Niguel Water District’s
Regional Lift Station located at the northwestern end of Laguna Niguel
Regional Park. |
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3. |
Acting as the Orange County Flood
Control District, find that the easement to be conveyed by the Orange County
Flood Control District to Moulton Niguel Water District in the form of the
deed attached will not unreasonably interfere with the flood control purposes
of the Orange County Flood Control District property. |
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4. |
Acting as the Orange County Flood
Control District, approve the Easement Deed to Moulton Niguel Water District
for implementation of their Regional Lift Station Force Main Replacement
Project to improve the existing Moulton Niguel Water District’s Regional Lift
Station located at the northwestern end of Laguna Niguel Regional Park. |
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5. |
Acting as the County of Orange,
authorize the Chief Real Estate Officer, or designee, to execute the easement
deed to be conveyed by the County and any collateral instruments and make
minor changes to the easements that do not materially alter terms thereof nor
result in any additional liability for the County of Orange, if approved by
County Counsel, and perform any other administrative processes needed to
complete the property transfer and record the documents. Acting as the Orange County Flood Control
District, authorize the Chief Real
Estate Officer, or designee, to execute the easement deed to be conveyed by
the Orange County Flood Control District and any collateral instruments, make
minor changes to the easement that do not materially alter terms thereof nor
result in any additional liability for the Orange County Flood Control
District, if approved by County Counsel, and perform any other administrative
processes needed to complete the property transfer and record the documents. |
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6. |
Acting as the County of Orange, accept
payment of $186,500 from the Moulton Niguel Water District for the proposed
conveyances, and direct the deposit of $5,743 of said payment to the Orange
County Flood Control District, with the remaining $180,757 to be retained by
the County. Acting as the Orange
County Flood Control District, authorize receipt of $5,743 of said payment
from the County. |
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SUMMARY:
Approval of the
easement from the County and the Orange County Flood Control District will
facilitate improvements to Moulton Niguel Water District’s Regional Lift
Station wastewater system located in Laguna Niguel Regional Park.
BACKGROUND
INFORMATION:
The Regional Lift
Station and Force Mains are critical wastewater facilities that carry pumped
flow from Moulton Niguel Water District’s (MNWD) sewer collection system to the
Joint Regional Treatment Plant operated by the South Orange County Wastewater Authority.
Located in the City of Laguna Niguel, the lift station contains five pumps,
each with a capacity of 3,600 gallons per minute (GPM) at 147 feet of lift. The
daily flowrate of the lift station typically ranges from 5,800 GPM to 7,200
GPM. However, during periods of heavy rains, the lift station has historically
discharged a maximum peak flowrate of 15,500 GPM.
The lift station
currently pumps flow into parallel 20-inch and 24-inch Techlite pipe force
mains. Only one pipe is used at a time for typical flows. The existing force
mains were constructed in 1979 and are located within service road areas
generally west of the Sulfur Creek Reservoir within Laguna Niguel Regional
Park, which is operated by OC Community Resources/OC Parks (OCCR/OC Parks). The
length of each existing force main is approximately 7,325 feet. Due to the
brittle nature of Techlite pipe and the industry reputation of failure, MNWD is
undertaking the MNWD Regional Lift Station Force Main Replacement Project
(Project) to replace the existing force mains.
County Executive
Office Real Estate, OC Public Works/Flood Programs and OCCR/OC Parks have
prepared the attached Easement Deeds (Attachment B & C) to grant the MNWD
permanent easements over OCCR/OC Parks Parcel Nos. PR70M-157, 158, 159, 160 and
161 and Orange County Flood Control District (OCFCD) Parcel No. J03D01-150
related to the construction of two 24-inch diameter sewer force main pipelines
to replace the existing force main pipelines. The easements also make the MNWD
responsible for the mitigation, monitoring and future maintenance, repair and
replacement of the improvements. OC
Public Works/Flood Programs and OCCR/OC Parks have confirmed that the grant of
the easements will not interfere with the respective flood control and parks
uses of the properties over which the easements are being granted.
As part of this transaction, MNWD will pay
the County an amount of $186,500 for these easement rights. MNWD’s payment for
the easement rights was reviewed by CEO Real Estate appraisal staff and
determined to be reflective of the market value of said easements.
General Plan Conformity: This project is
in conformance with the City of Laguna Niguel’s General Plan.
Compliance
with CEQA:
The Moulton Niguel Water District, as lead agency for this project, adopted
Final Mitigated Negative Declaration (MND) Regional Lift Station Force Main
Replacement Project, SCH# 2109039032 on August 8, 2019. The County of Orange as
a responsible agency under CEQA Guidelines section 15381 has reviewed and considered
the Final MND SCH# 2019039032 and certifies that it has done so. As a
responsible agency, the County of Orange is authorized by Guidelines section
15096 to reply on the Final MND adopted by MNWD.
FINANCIAL IMPACT:
The Board is asked
to accept payment of $186,498.69 from MNWD which will be deposited in FY
2024-25; of said payment $5,742.51 will be deposited to OCFCD’s Fund 400 for
conveyance of a 10,654 square-foot easement, and the remaining $180,756.19 will
be deposited to the County of Orange on behalf of OC Parks into Fund 405 for
conveyance of approximately 6.45 acres of easement and temporary construction
easements as shown on the table below:
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Parcel
ID |
Acquisition Type |
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Total SF |
Per Sq.Ft. |
Payment due |
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J03D01-150 |
Sewer Pipeline
Permanent Easement OCFCD to MNWD |
10,654 |
$0.54
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$5,742.51
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Total Payment due to Flood |
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$5,742.51 |
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Parcel
ID |
Acquisition Type |
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Total SF |
Per Sq.Ft. |
Payment due |
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PR 70M Parcel
157, 158,159,160,161 |
Sewer Pipeline
Permanent Easement OC Parks to MNWD |
281,069 |
$0.54
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$151,496.19
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Description
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Acquisition Type |
SF |
Rental Rate |
x No. of Months |
Payment due |
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Trench Work
Areas |
Temporary
Easement OC Parks to MDWD |
13,000 |
$
0.0080 |
24 |
$2,502.50
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Trenchless Work
Areas |
Temporary
Easement OC Parks to MDWD |
56,000 |
$
0.0080 |
24 |
$10,780.00
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Staging Areas |
Temporary
Easement OC Parks to MDWD |
67,000 |
$
0.0080 |
24 |
$12,897.50
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Staging and
Storage Areas |
Temporary
Easement OC Parks to MDWD |
16,000 |
$
0.0080 |
24 |
$3,080.00
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Total Payment due to OC Parks |
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$180,756.19 |
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Grand Total |
$186,498.69 |
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STAFFING IMPACT:
N/A
REVIEWING
AGENCIES:
OCCR/OC Parks
ATTACHMENT(S):
Attachment A – Location Map
Attachment B – OC Parks Easement Deed
Attachment C – OCFCD Easement Deed
Attachment D – Real Property Conveyance Questionnaire