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Agenda Item
ASR
Control 08-002310 |
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MEETING DATE: |
01/13/09 |
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legal entity taking action: |
Orange County Flood Control District |
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board of supervisors
district(s): |
All Districts |
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SUBMITTING
Agency/Department: |
OC Public Works
(Approved) |
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Department contact
person(s): |
Tony Ferrulli (714) 834-3790 |
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Dori Malloy (714) 834-4114 |
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Subject:
Prado Dam Rocha Property
Acquisition
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ceo Concur |
County
Counsel Review |
Clerk of the Board |
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Concur |
Approved Agreement to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: Yes |
Current Year Cost:
$13,496,000 |
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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Funding Source: Flood
ACO Fund 404: 100% |
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Prior Board Action: January
28, 2003; November 28, 1989; June 23, 1988; June 13, 1972 |
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RECOMMENDED ACTION(S)
Acting as the Board of Supervisors of the Orange County Flood Control District:
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1. |
Find that the previous certified environmental documents fully analyzed all potential adverse environmental impacts of the proposed project and adequately satisfy the requirements of CEQA, as recommended, for the proposed project. No additional environmental review is required because no substantial changes are proposed in the proposed project, nor will circumstances under which the proposed project is undertaken require major revisions to the previous CEQA documentation. Additionally, no new information of substantial importance has been received pursuant to CEQA Guidelines Sections 15162, 15163, or 15164. |
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2. |
Approve the Acquisition Contract and return two executed
copies to OC Public Works and authorize the Director, OC Public Works or
designee to sign all escrow documents and perform all activities specified to
be performed by the Director under the terms of the Acquisition Contract. |
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3. |
Authorize the Chairman of the Board to accept the Grant Deed upon delivery by OC Public Works and return the deed to OC Public Works for recording. |
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4. |
Authorize the Auditor-Controller, upon notification from OC Public Works, to issue checks to escrow for the account of John M. and Mary S. Rocha or assigns, in the amount of $13,135,000 and additional checks, as required, for title insurance, trust deed clearance fees, forwarding fees, trustee fees, subordination fees, and other fees associated with the escrow as applicable. |
SUMMARY:
Approval of an Acquisition Contract to purchase property located within the Prado Dam Project area by the Orange County Flood Control District will provide for greater flood control protection to the residents of Orange County.
BACKGROUND INFORMATION:
On January 28, 2003, your Board approved a Project Cooperation Agreement between the Orange County Flood Control District (District) and the U.S. Army, which obligates the District to acquire real property interests required for the Prado Dam Project (Project).
The subject property, located at 7363 Pine Avenue, Chino, California, and owned by John and Mary Rocha, is required for the Project. The property consists of 38.508 acres of land improved with four single family homes, a duplex, two dairy barns, a hay barn, and corrals. The purchase price of the property is $13,135,000 as supported by an appraisal of the property contracted for by the District and reviewed and approved by the U. S. Army Corps of Engineers. This approval ensures the District will be reimbursed for the acquisition price by the federal government. Related title, escrow, and closing costs are estimated to be $11,000.
The District’s acquisition of the subject property will establish relocation entitlements pursuant to State and Federal law for the occupants of the property. Valid Relocation Assistance Program claims will be approved by the Director, OC Public Works or designee, pursuant to Resolution No. 72-655, dated June 13, 1972 and reaffirmed by Minute Order dated June 23, 1998. Potential Relocation Assistance Program payments for this acquisition are estimated to be approximately $350,000.
Compliance with CEQA: Proposed project impacts have been analyzed in the 1980, 1985, and 1988 Final Supplement/Environmental Impact Report for the Santa Ana River Mainstem Project, previously certified by your Board on November 28, 1989 as complete and adequate for the purposes of CEQA. Applicable Supplement Environmental Assessments to said documents and Supplemental Environmental Impact Statement/Environmental Impact Report No. 583 were certified by the Orange County Planning Commission on December 19, 2001. Prior to project approval, the decision-maker must find that no additional significant adverse impacts will occur, which would require additional environmental review to satisfy the requirements of CEQA Guidelines Sections 15162, 15163, or 15164.
Because this is merely a property acquisition, in accordance with the CEQA Guidelines and the previously certified CEQA documents for the project, which reflect the independent judgment of the Lead Agency, Orange County, the proposed project is recommended for approval.
General Plan: The project
is in conformance with the General Plan of the City of Chino pursuant to
Government Code Section 65402.
Hazardous Materials: A Hazardous Materials Assessment has been completed by the District and revealed no significant issues of concern with regard to hazardous materials.
FINANCIAL IMPACT:
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Purchase price of property |
$13,135,000 |
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Estimated title, escrow, and closing costs |
$ 11,000 |
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Potential Relocation Assistance Program payments |
$ 350,000 |
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Total Current Year Cost |
$13,496,000 |
STAFFING IMPACT:
N/A
EXHIBIT(S):
Exhibit A - Location Map
ATTACHMENT(S):
Attachment A - Acquisition Contract