HomeMy WebLinkAboutOC SAN 22-03
OC SAN 22-03-1
1653689.1
RESOLUTION NO. OC SAN 22-03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE
COUNTY SANITATION DISTRICT FINDING AND DETERMINING THAT
THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION
BY EMINENT DOMAIN OF INTERESTS IN CERTAIN REAL PROPERTY
FOR PUBLIC USE AND AUTHORIZING AND DIRECTING
CONDEMNATION OF PORTIONS OF ASSESSOR PARCEL NO. 440-132-
60
WHEREAS, the Orange County Sanitation District ("OC San") is undertaking the
Bay Bridge Pump Station and Force Mains Replacement Project (the "Project"), a vital
public health and safety measure; and
WHEREAS, the Project is intended to rehabilitate or replace aging infrastructure
facilities that are vital for the delivery and processing of sewer wastewater from Newport
Beach and surrounding areas, to bring the Bay Bridge Pump Station facility and force
mains to current design and reliability standards, to ensure continuous service to the
community and prevent sewage spills, to improve odor control, and to improve public
safety; and
WHEREAS, the Project includes demolition of the existing pump station building
and construction of new pump station, including a modernized pump station, generator,
and odor control station; replacement or reconstruction of the existing OC San gravity
sewer system to convey wastewater to the new pump station wet well; and construction
of 1,500 lineal feet of dual force mains across the Newport Bay Channel south of Bay
Bridge to connect the new pump station to the existing OC San force main system west
of the Channel; and
WHEREAS, the Project requires the acquisition of property interests from public
and private parties; and
WHEREAS, the Project will be a health and safety project serving the public
interest; and
WHEREAS, Health and Safety Code sections 4730.65, 4740, and 4741 authorize
OC San to exercise the power of eminent domain to acquire these property interests for
public use by condemnation; and
WHEREAS, portions of the real property located at 100 N. Bayside Drive and 100
E. Coast Highway in the City of Newport Beach, California (the "Subject Property") are
required for the Project. The specific portions of the Subject Property required for the
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Project include a partial fee interest as legally described and depicted in Exhibit "A"
hereto, a permanent non-exclusive access easement as legally described and depicted
in Exhibit "B" hereto, a temporary road easement as legally described and depicted in
Exhibit "C" hereto, three temporary construction easements as collectively legally
described and depicted in Exhibit "D" hereto, and two permanent utility easements
(sewer) as collectively legally described and depicted in Exhibit "E" hereto (collectively,
the "Property Interests"); and
WHEREAS, OC San communicated an offer of compensation to the owner or
owners of record for the acquisition of the Property Interests in the full amount of the
approved appraisal of said interests; and
WHEREAS, in accordance with section 1245.235 of the California Code of Civil
Procedure on December 20, 2021, OC San mailed a Notice of Hearing on the Intent of
OC San to Adopt a Resolution of Necessity for acquisition by eminent domain of the
Property Interests ("Notice of Intent"). The Notice of Hearing was mailed to the listed
address of all persons whose names appear on the last equalized county assessment roll
as having an interest in the Subject Property; and
WHEREAS, the Project, including all amendments thereto, together with the staff
reports, environmental documents and all other evidence presented to the OC San's
Board of Directors at the times the Project and the amendments thereto were adopted,
are incorporated herein by this reference and made a part hereof as though fully set forth
herein; and
WHEREAS, pursuant to section 1245.235 of the California Code of Civil
Procedure, OC San scheduled a hearing for January 26, 2022, at 6:00 pm at OC San
Plant No. 1 Administration Building, 10844 Ellis Avenue, Fountain Valley, California, and
gave to each person whose property is to be acquired by eminent domain and whose
name and address appears on the last equalized county assessment roll notice and a
reasonable opportunity to appear at said hearing and to be heard on the matters referred
to in section 1240.030 of the California Code of Civil Procedure; and
WHEREAS, said hearing has been held by the OC San's Board of Directors and
each person whose property is to be acquired by eminent domain was afforded an
opportunity to be heard on those matters specified in the OC San's Notice of Intent and
referred to in section 1240.030 of the California Code of Civil Procedure; and
WHEREAS, OC San may adopt a Resolution of Necessity pursuant to section
1240.040 of the California Code of Civil Procedure.
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NOW, THEREFORE, BE IT RESOLVED, by at least a two-thirds vote of the
OC San's Board of Directors under Code of Civil Procedure sections 1240.030 and
1245.230, OC San does hereby find and determine as follows:
Section 1. Incorporation of Findings and Recitals. The above findings and
recitals are true and correct and are incorporated herein in full by this reference.
Section 2. Compliance with California Code of Civil Procedure. There has been
compliance by OC San with the requirements of section 1245.235 of the California Code
of Civil Procedure regarding notice and hearing.
Section 3. Public Use. The public use for which the interests in the property are
to be acquired is for the construction and future maintenance of the Project, a public
improvement, as more fully described hereinabove. Health and Safety Code sections
4730.65, 4740, and 4741 authorize OC San to acquire by eminent domain property and
interests in property necessary for such purpose and for all uses incidental or convenient
thereto.
Section 4. Necessity.
(a) The proposed Project is necessary to rehabilitate or replace aging
infrastructure facilities that are vital for the delivery and processing of sewer wastewater
from Newport Beach and surrounding areas. The Project will relocate, expand, and
upgrade the current Bay Bridge Pump Station and associated force mains pipe system
for the conveyance of wastewater from the Newport Beach area to a treatment facility in
Huntington Beach, thereby bringing the Bay Bridge Pump Station facility and force mains
to current design and reliability standards, ensuring continuous service to the community,
and preventing sewage spills, improving odor control, and improving public safety.
(b) The public interest and necessity require the acquisition by eminent domain
of the Property Interests.
Section 5. Description of Property Interests. The property interests sought to
be acquired are more particularly described and depicted in Exhibits "A" through "E"
attached hereto and incorporated herein by reference.
Section 6. Findings. OC San hereby finds, determines, and declares each of
the following:
(a) The public interest and necessity require the proposed Project;
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(b) The proposed Project is planned or located in the manner that will be most
compatible with the greatest public good and least private injury;
(c) The Property Interests sought to be acquired are necessary for the
proposed Project; and
(d) The offer required by section 7267.2 of the California Government Code
has been made to the owner or owners of record.
Section 7. Existing Public Use(s). Pursuant to sections 1240.510 and 1240.610
of the Code of Civil Procedure, to the extent that any of the real property to be acquired
is already devoted to a public use, the use proposed by this Project is a more necessary
public use than the use to which the real property, or any portion thereof, is already
devoted, or, in the alternative, is a compatible public use that will not unreasonably
interfere with or impair the continuance of the public use to which the real property, or any
portion thereof, is already devoted.
Section 8. Authority to Exercise Eminent Domain. OC San is hereby authorized
and empowered to acquire one partial fee interest, one permanent non-exclusive access
easement, one temporary road easement, three temporary construction easements, and
two permanent utility easements (sewer) as described and depicted in Exhibits "A"
through "E" hereto, including the improvements thereon, if any, by eminent domain for
the proposed Project.
Section 9. Further Activities. OC San's legal counsel ("Counsel") is hereby
authorized and empowered to acquire the Property Interests in the name of and on behalf
of OC San by eminent domain and is authorized to institute and prosecute such legal
proceedings as may be required in connection therewith. Counsel is further authorized
to take such steps as may be permitted and required by law, and to make such security
deposits as may be required by law and/or order of court, to permit OC San to take
possession of the Property Interests at the earliest possible time.
Section 10. Effective Date. This Resolution of Necessity shall take effect upon
adoption.
PASSED, APPROVED, and ADOPTED at the Orange County Sanitation District
Board of Directors meeting held on this 26th day of January 2022.
__________________________________
JOHN B. WITHERS
Board Chairman
John B Withers (Jan 31, 2022 10:41 PST)
John B Withers
OC SAN 22-03-5
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ATTEST:
__________________________________
KELLY A. LORE, MMC
Clerk of the Board
APPROVED AS TO FORM:
__________________________________
BRADLEY R. HOGIN
General Counsel
Kelly Lore (Jan 31, 2022 10:44 PST)
Kelly Lore
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STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District,
do hereby certify that the foregoing Resolution No. OC SAN 22-03 was passed and
adopted by a two thirds vote; at a regular meeting of said Board on the 26th day of
January 2022, by the following vote, to wit:
AYES: Brad Avery, Ron Bates, Kim Carr, Art Brown, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Johnathan Ryan Hernandez, Brooke Jones, Steve
Jones, Anthony Kuo, Sandra Massa-Lavitt, Paulo Morales,
Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker,
David Shawver, Jesus Silva, Donald Wagner, Chad Wanke,
John Withers and Chad Zimmerman
NOES: None
ABSENT: None
ABSTENTIONS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
Orange County Sanitation District this 26th day of January 2022.
KELLY A. LORE, MMC
Clerk of the Board of Directors
ORANGE COUNTY SANITATION DISTRICT
Kelly Lore (Jan 31, 2022 10:44 PST)
Kelly Lore
EXHIBIT "A"
OC SAN 22-03-7
OC SAN 22-03-8
OC SAN 22-03-9
OC SAN 22-03-10
OC SAN 22-03-11
EXHIBIT "B"
OC SAN 22-03-12
1651771.1
PERMANENT NON-EXCLUSIVE ACCESS EASEMENT
ATTACHMENT TO LEGAL DESCRIPTION
Parcel No.: 5-67-02
Until such time as its location becomes fixed as contemplated herein, this permanent, moveable
non-exclusive access easement shall be in, on, over, under, and across the real property described
in Exhibit "B-1" and depicted in Exhibit "B-2" attached hereto, subject to the Rights and
Limitations of Use and Occupancy set forth herein ("Permanent Access Easement"). The
Permanent Access Easement shall be used by the Orange County Sanitation District and its
employees, agents, representatives, contractors, successors, and assigns (collectively, "OC San")
for purposes of providing access to OC San, including the right of ingress and egress, to and from
Bayside Drive and the OC San facilities in connection with the construction, use, and operation of
the Bay Bridge Pump Station and Force Mains Replacement Project ("Project").
Rights and Limitations of Use and Occupancy of the Permanent Access Easement:
•The location and layout of the Permanent Access Easement as described and depicted in
Exhibits "B-1" and "B-2" hereto was selected to utilize the existing Bayside Drive curb cut
and a portion of the drive aisle currently serving the property subject to this easement
("Property") together with a portion of the contemplated access route established in
consultation with and at the recommendation of the owner of the Property ("Owner") in
light of the Owner's future development plans.
•The proposed location and layout of the Permanent Access Easement as described and
depicted in Exhibits "B-1" and "B-2" hereto is moveable at the Owner's discretion,
provided that the proposed new location and layout maintains a minimum drive aisle width
of twenty-four (24) feet and provides substantially similar access to OC San to and from
Bayside Drive and the connection points to OC San's facilities established by the Project.
•If and when a new location and layout for the Permanent Access Easement is selected by
Owner, OC San will cooperate with Owner to have documentation prepared and recorded
to memorialize the new location and layout of the easement. Once the final location for the
Permanent Access Easement is set and the appropriate easement document herein
contemplated is recorded, OC San will cooperate with Owner to relinquish any portion of
the Permanent Access Easement described in Exhibit “B-1” and depicted in Exhibit “B-2”
that is outside the boundaries of the newly aligned access easement herein contemplated.
•The following improvements within the Permanent Access Easement will be protected in
place:
o The chain link fence running generally east to west along the northern and southern
borders of the drive aisle currently serving the Property; and
o All landscape elements and asphalt paving within the Permanent Access Easement.
•A section of the chain link fence running generally east to west along the southern border
of the drive aisle currently serving the Property will be removed and replaced with a gate
to permit OC San access to the Permanent Access Easement area south of the chain link
fence while maintaining the security of that area. Any improvements so removed shall be
included in the compensation paid by OC San for this Permanent Access Easement.
•Upon completion of Project construction, OC San’s use and occupancy of the Permanent
Access Easement shall be limited to no more than fifteen (15) vehicle trips per week, except
in cases of an emergency.
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Neither the Owner nor any occupant of the Property shall construct any permanent improvements
within the easement area that would impede OC San's rights as defined herein.
Subject to the Rights and Limitations of Use and Occupancy of the Permanent Access Easement
described herein, the rights and obligations of OC San and the Owner shall run with the land and
be binding upon and/or inure to the benefit of OC San's and the Owner's respective heirs,
successors, and assigns.
OC San expressly reserves the right to convey, transfer, or assign the Permanent Access Easement
subject to the same Rights and Limitations of Use and Occupancy described herein.
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OC SAN 22-03-15
OC SAN 22-03-16
OC SAN 22-03-17
OC SAN 22-03-18
OC SAN 22-03-19
OC SAN 22-03-20
OC SAN 22-03-21
EXHIBIT "C"
OC SAN 22-03-22
OC SAN 22-03-23
OC SAN 22-03-24
OC SAN 22-03-25
OC SAN 22-03-26
OC SAN 22-03-27
OC SAN 22-03-28
EXHIBIT "D"
OC SAN 22-03-29
OC SAN 22-03-30
OC SAN 22-03-31
OC SAN 22-03-32
OC SAN 22-03-33
OC SAN 22-03-34
OC SAN 22-03-35
OC SAN 22-03-36
OC SAN 22-03-37
EXHIBIT "E"
OC SAN 22-03-38
OC SAN 22-03-39
OC SAN 22-03-40
OC SAN 22-03-41
OC SAN 22-03-42
OC SAN 22-03-43
OC SAN 22-03-44
Resolution No. OC SAN 22-03
Final Audit Report 2022-01-31
Created:2022-01-27
By:Kelly Lore (klore@ocsan.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA2Mf0elOFHFL8Y5_xB8i4DSfU9Ykct6zg
"Resolution No. OC SAN 22-03" History
Document created by Kelly Lore (klore@ocsan.gov)
2022-01-27 - 5:52:26 AM GMT- IP address: 47.176.92.30
Document emailed to Bradley Hogin (bhogin@wss-law.com) for signature
2022-01-27 - 5:53:47 AM GMT
Email viewed by Bradley Hogin (bhogin@wss-law.com)
2022-01-27 - 2:39:34 PM GMT- IP address: 68.4.2.218
Document e-signed by Bradley Hogin (bhogin@wss-law.com)
Signature Date: 2022-01-31 - 6:30:12 PM GMT - Time Source: server- IP address: 68.4.2.218
Document emailed to John B Withers (jwithers@calstrat.com) for signature
2022-01-31 - 6:30:17 PM GMT
Email viewed by John B Withers (jwithers@calstrat.com)
2022-01-31 - 6:41:15 PM GMT- IP address: 54.183.176.12
Document e-signed by John B Withers (jwithers@calstrat.com)
Signature Date: 2022-01-31 - 6:41:37 PM GMT - Time Source: server- IP address: 184.189.202.24
Document emailed to Kelly Lore (klore@ocsan.gov) for signature
2022-01-31 - 6:41:41 PM GMT
Email viewed by Kelly Lore (klore@ocsan.gov)
2022-01-31 - 6:44:07 PM GMT- IP address: 104.47.65.254
Document e-signed by Kelly Lore (klore@ocsan.gov)
Signature Date: 2022-01-31 - 6:44:33 PM GMT - Time Source: server- IP address: 47.176.104.46
Agreement completed.
2022-01-31 - 6:44:33 PM GMT