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Agenda Item
ASR
Control 21-000939 |
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MEETING DATE: |
12/07/21 |
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legal entity taking action: |
Orange County Flood Control District |
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board of supervisors
district(s): |
3 |
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SUBMITTING
Agency/Department: |
County Executive Office (Approved) |
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Department contact
person(s): |
Nardy Khan (714) 647-3906 |
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Thomas Miller (714) 834-6019 |
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Subject: Orange County Flood Control
District Quitclaim to City of Orange
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ceo CONCUR |
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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: |
No |
# of Positions:
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Sole Source:
N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 7/29/2008
#25, 12/12/2006 #46, 6/20/2006 #95 |
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RECOMMENDED ACTION(S):
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1. |
Find
that the real property as described in the attached Quitclaim Deed is no
longer needed by the Orange County Flood Control District for flood control
purposes. |
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2. |
Find the real property to be
transferred is exempt surplus land under the Surplus Land Act because the
transfer of property is to another local, state or federal agency for the
transferee agency's use. |
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3. |
Approve and authorize the
Chief Real Estate Officer or designee to execute Quitclaim Deed transferring
fee title of Orange County Flood Control District real property to the City
of Orange. |
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4. |
Authorize
the Chief Real Estate Officer or designee to execute any collateral
instruments from the City of Orange and to make minor changes that do not
materially alter the Quitclaim Deed, nor result in any additional liability
for the Orange County Flood Control District and/or County of Orange without
further action from the Board of Supervisors. |
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SUMMARY:
Approval of this Quitclaim Deed will transfer fee title of specific exempt surplus Orange County Flood Control District real property to the City of Orange.
BACKGROUND INFORMATION:
On June 20, 2006, your Board of Supervisors (Board) approved the purchase of three parcels of property located at 2301 North Glassell Street, 2245 North Glassell Street, and 222 East Bristol Lane in the City of Orange (Glassell/Bristol Property) and on December 12, 2006, your Board approved the purchase of 2023 Collins Avenue in the City of Orange (Collins Property) by the Orange County Flood Control District (District) for the purpose of relocating the County's OC Public Works' operations yard from the Katella Yard location at 1750 Douglas Road in the City of Anaheim to these locations.
The purchase of the Glassell/Bristol Property and the Collins Property by the District reduced property tax revenue to the City of Orange (City) and the relocation of the Katella Yard operations resulted in some impacts to the surrounding streets and properties.
On July 29, 2008, your Board approved and authorized a Cooperative Agreement (Agreement) between the District and the City, to mitigate the impacts of the Glassell/Bristol Property and the Collins Property purchases and the relocation of the Katella Yard operations. The Agreement stated that the District would compensate the City for loss of property tax revenue and also make street improvements on the Eckhoff Street cul-de-sac located near the entrance to the new Collins Yard site at 2023 Collins Avenue, and then dedicate the improvements to the City.
Street improvements included the completion of a cul-de-sac on Eckhoff Street that would require the use of District real property. The Quitclaim Deed that staff is bringing to your Board for approval will transfer fee title of District real property (Interests) that is part of the completed cul-de-sac improvement to the City and relieve the District of future maintenance responsibilities and liability associated with said Interests.
The Interests do not have a flood control purpose and thus are surplus to the District needs as the Santa Ana River channel, which is adjacent to the Property, is not planned to be expanded to the extent that retention of the Interests are necessary. Approval and finalization of the proposed Quitclaim Deed will in essence vacate the Interests and relieve the District of future maintenance responsibilities and liability associated with said Interests.
This transaction was reviewed by the County Appraiser and he determined the Interests have nominal to no value. Administrative costs incurred by the District and the City to cover the processing of the Quitclaim Deed are shared pursuant to the Cooperative Agreement.
Surplus Property: The Surplus Land Act is exempt surplus land pursuant to Government Code section 54221 (f)(1)(D) because the transfer is to another local, state or federal agency for the transferee agency's use.
Compliance with CEQA: The proposed project was previously determined to be Categorically Exempt from CEQA pursuant to Section 15301 and 15302 (Class 1 and 2) of the CEQA Guidelines, on May 30, 2019, when it was originally approved. The Quitclaim Deed is a necessary element of the project that provides for minor alterations of existing private structures involving negligible or no expansion (Class 1) and the replacement or reconstruction of existing utility systems and facilities (Class 2). The proposed project is still consistent with this determination.
General Plan Conformity: This project conforms to the General Plan of the City of Orange.
Orange County Flood Control Act: The proposed project is authorized under Chapter 36, Section 2 (b) (12).
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
REVIEWING AGENCIES:
OC Public Works
ATTACHMENT(S):
Attachment A - Location Map
Attachment B - Cooperative Agreement between District and City
Attachment C - Quitclaim Deed to the City of Orange
Attachment D - Surplus Land Act and Orange County Flood Control Act Chapter 36,
Section 2 (b) (12)
Attachment E - Real Estate Questionnaire