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HomeMy WebLinkAbout1992-01-14 - AGENDA REPORTS - SAN FERNANDO RD WIDENING PROJ (2)AGENDA REPORT City Manager Item to be P CONSENT CALENDAR DATE: January 14, 1992 SUBJECT: SAN FERNANDO ROAD WIDENING PROJECT - UTILITIES AGREEMENT NO. 1 WITH NEWHALL COUNTY WATER DISTRICT DEPARTMENT: Community Development BACKGROUND The City has entered into agreements with Caltrans for the widening of San Fernando Road between Drayton and 15th Street. A number of utilities, which conflict with the road improvements, must be lowered, raised, or relocated in order to construct this project. A dispute exists between the City and one of these utilities, Newhall County Water District (NCWD); regarding who should bear the NCWD's water facilities relocation costs. In addition, Newhall County Water District claims that they are not in a financial position to absorb the estimated $129,301 utility relocation costs nor do. they agree. that as a not-for-profit quasi public utility can they be required to stand this expense. In order to expedite the construction of this project, staff recommends that Council approve entering into the attached utilities agreement. By this agreement, the City will deposit with Newhall County Water District the necessary funds to proceed with water line relocations, however, the City reserves the right to resolve this issue in court. It should be noted that a similar agreement was previously entered into between Caltrans and Newhall County Water District for utility relocations which were necessary as a part of the widening of San Fernando Road between Sierra Highway and Newhall Avenue. The Water District has reviewed the agreement and has approved its contents. As a result of the lower than estimated construction costs, there are sufficient funds in the budget to accommodate this advance of funds to the District. Approve the attached Utilities Agreement No. 1, subject to approval by the City Attorney, authorize the Mayor to sign it, and authorize the deposit of $129,301 to the Newhall County Water District. ATTACHMENT Utilities Agreement No. 1 AGN:578 TAN Ageada Item. / I - UTILITIES AGREEMENT NO. 1 SAN FERNANDO ROAD WIDENING PROJECT This Agreement is made and entered into as of , 1992 by and between the CITY OF SANTA CLARITA hereinafter "City", and NEWHALL COUNTY WATER DISTRICT, hereafter "NCWD". R E C I T A L S THIS.AGREEMENT IS MADE WITH RESPECT TO THE FOLLOWING FACTS: A. City advised NCWD by letter dated October 8, 1991 that unless NCWD could provide prior right documentation, that NCWD would be responsible for relocation/adjustment expenses of their water facilities which conflict with City Project 91-27 San Fernando Road (SR 126) Placerita Creek to Drayton. B. NCWD responded by letter dated October 22, 1991 that it is grossly unfair to their consumers to pay the relocation cost for improvements necessitated by people outside of their jurisdiction. C. A dispute exists between City and NCWD regarding who should bear the costs of .relocating NCWD water facilities because of Project 91-27. D. Although City and NCWD disagree on the issue of who is liable for the costs of relocating water facilities, City agrees that in order to expedite its Project 91-27 it will deposit with NCWD, under protest, the sum of $129,301. IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Recitals hereinabove set forth are true and correct. 2. City will deposit with the NCWD the sum of $129,301 in increments and in sufficient time for NCWD to schedule and complete its relocation work in advance of the City's road construction. 3. Upon receipt.of the aforesaid sum of $129,301 or increments thereof, NCWD will promptly complete the relocation or increment of relocation of the water facilities required by Project 91-27. 4. NCWD will keep and maintain accounting records with respect to the costs incurred in relocating its water facilities. 5. It is further agreed that upon . receipt of the monies agreed upon to be advanced by City herein, NCWD will deposit said monies in a separate interest-bearing account or trust fund in state or national banks in California having the legal custody of said monies in accordance with the subject to the applicable provisions of Section 53630, et seq., of the Government Code; and all interest earned by said monies advanced by City and deposited as provided for above shall be credited to City monthly. Utilities Agreement No. 1 Page 2 6. In the event actual relocation costs as established herein are less than the sum of money advanced by City to NCWD, NCWD hereby agrees to refund to City, within 60 days, the difference between said actual cost of sum of money so advanced plus interest earned referred to in Section 5 above. 7. In executing this Agreement, it is.agreed that neither party diminishes its position or waives any of its rights, or accepts and liability. 8. City and NCWD reserve the right to have all liabilities with respect to relocation of water facilities necessitated by said Project 91-27 and the costs of collection -resolved by future negotiations or by an action in a court of competent jurisdiction in Los Angeles County, California. IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year first above written. NEWHALL COUNTY WATER DISTRICT: 0 By. By: AGENCY: Attested: Date NCWD Date NCWD Mayor of the City of Santa Clarita City Clerk of the City of Santa Clarita Date Date Approved as to Form: Date AGN 577 0 City Attorney of the City of Santa Clarita IEC -1a-'51 !U:Oe IL:CALTRNN3 DIST u7 Rivi TEL 110:66552619 UTILITIES AGREEMENT NO. 7UT-9157 THIS AGREEMENT is made and entered into as of July 14 , 1988 by and between THE STATE OF 9229 P02 _ .5c..1- ° .f . CALIFORNIA through its DEPARTMENT OF TRANSPORTATION (State) and. NEWHALL COUNTY WATER DISTRICT (water District). R E C I T A L S THIS AGREEMENT -IS MADE WITH RESPECT TO THE FOLLOW- ING FACTSt A. On or about June 2, 1987, State gave Water District a Notice to Owner No. 7-9043. Said Notice to Owner relates to highway construction on Route 126, San Fernando Road between Newhall Avenue and Sierra Highway, Los Angeles County, California. In said Notice.to Owner, State ordered Water District to relocate water facilities which conflict with highway, storm drain and bridge construction. B. A dispute exists between State and Water Dis- trict regarding whoshould bear the Costs of relocating Water District`s water facilities because of State highway construction on Route 126. C. Although State and Water District disagree on the issue of who is liable for the costs of relocating water facilities, State by its Notice to Owner No. 7-9157 i U:UHLIKHMD U i b I Q7 R/W TEL N0:86552U15 V299 p03 and. this Agreement agrees that in order to expedite its State highway project, it will deposit with Water District, under protest, the sum of $2861000.00. FOLLOWS; IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS 1. The Recitals hereinabove set forth are true and correct. 2. State will deposit with the Water District the sum of $286,000.00. 3. Upon receipt of the aforesaid sum of $286400.001 Water District will promptly complete the relocation of the water facilities referred to in Notice to Owner No. 7-9157. 4. Water District will keep and maintain account- ing records with respect to the costs incurred in relocating its water facilities. S. It is Further agreed that upon receipt of the monies agreed .upon .to be advanced by State herein, Owner will deposit said monies in a separate interest-bearing account or trust fund in State or national banks in California having the legal custody of said monies in accordance with and subject to the applicable provisions of Section 53630, et seq „ of the Government Code; and all -2- DIST 07 R/W TEL 140:86552019 #285 F04 interest earned by said monies advanced by State and deposited as provided for above shall be credited to State monthly. 6. in the event actual relocation costs.as established herein are less that the sum of money advanced by State to owner, owner hereby agrees to refund to State the difference between said actual cost and sum of money so advanced plus interest earned referred to in Section 5 above. 7. In executing this Agreement, it is agreed that neither party diminishes its position or waives any of its rights, or accepts any liability. 8. State and Water District reserves the right to have all liabiities with respect to relocation of water facilities necessitated by the said State highway construction on Route 126 resolved by future negotiations or by an action in a court of competent jurisdiction in Los Angeles county, California. IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year first above written. -3- DE -1t3 -'S1 115::4 1D:CRLTRiiHS DIST 07 R/W TEL NO:8655231-9 95289 P�- STATE OF CALIFORNIA DEP ENT OF TRANS RTATION B L�niea,-?vtf-Ac"Isiti.on & Utilities "state" NEWHALL COUNTY WATER DISTRICT By: By: "Water District" APPROVED: 6 L!%Z/� /foo D MUvision RRig t of Way APPROVAL 0*2NDED: Dist Utilities Re ocation ngineer ucsSt. Uti ties Relocation Eng neer -4- V: t_HL 1 KH.Ati JJ1 .=.1 b7 K/W TEL NC:86552019 ii^c89 PC16 r. rR,r � . I • t 0 Utility Agreement No, 7 Ut-915 7 THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK ISS 286,000.00 JUN 1 3 %88 SGUR--E '1J7 f15CAL ENCUMBRANCE DOCUMEW DIST Us, .'I rAR NUMMA �) L 1 (kfpfry perl//V np�n TY W111 Mb11pf klgWltltfj,V {AMI IN(/Rflf� /411�{I p I ;NATUR 60UNTINO OFFICER DATE OOOlfllbif /M fkp frMod and pe n.W OI (Aw Prytfldli Y,p llplPif pR='4 . ITEM UTAPTER STATUTES II5CAL Y R 30 ',w,. w L-4 WITUM WHEREOF, the above parties have executed this agreement the day and year first above written. STATE OF CALIFORNIA DIMARTMENT OF TRANSPORTATION By Chief, R/W Acquisition & U.t.ilities APPROVED: bivunm )'fg to WoF APPROVAL Rr.COMMENDE6 1)iRt- Utklitiatt Relocation Engr. 469T:. UtIlities Relocation Engr. JR/sd 218 Ivw oax 3 of 3 OWNER By 0 44 f'.!' )p 23920 Valencia )blvd. Phone Suite 300 (805) 259-2489 r City of Santa Clarita Fax California 91355 (805) 259.8125 City Of Santa Clarita October 8, 1991 Mr. James Jinks, General Manager Newhall County Water District (NCWD) 23780 North Pine Street Newhall, CA 914322-0779 Subject: San Fernando Road Improvement (Project No. 91-27) Carl Boyer, 3rd Dear Mr. Jinks: Mayor We have enclosed two sets of marked -up plans for the subject Jill Klajic project showing revised locations of NCWD's facilities within Mayor Pro- Tern the project limits. These are based on the latest pothole Jo Anne Darcy information provided by NCWD and discussions between Mr. Chris Councilmember Bretall of Willdan Associates and Messrs. Bill Porter and Mark Jan Heidt Lindeman of your office. Councilmember We have received the plan for your recently installed" 12 -inch Howard "Buck" McKeon water line in San Fernando Road and have shown the new valves Councilmember on our plans. However, after a joint review of NCWD's plan, both Messrs. Porter and Bretall have concurred that it is inaccurate and should not Be used for reference. The following summarizes the changes on our plans based on this latest information: • Revised the location of NCWD's 12 -inch, 16 -inch and 18 -inch lines on the plan view within the project limits. • Added the 12 -inch line on the plan view from Station 245+00± to 254+00±. • The crossing of NCWD's 18 -inch line at Station 233+351 has been eliminated. Relocation will not be required as previously shown. • Catch Basin No. 2 , • The 12 -inch and 16 -inch lines are now- shown deeper. They will not require relocation as previously shown. • The 18 -inch line is in conflict with the proposed connector pipe and will require relocation. x MR. JAMES JINRS October 8, 1991 Page 2 • Catch Basin No. 3 • The 12 -inch and 16 -inch lines are shown deeper. The 12 -inch line -will not require relocation as previously shown. The 16 -inch line will still be protected in place. • Catch Basin No. 8 • The 12 -inch line has been added and will be protected in place. • The location of the 16 -inch line has been revised. It will still be protected in place. • Catch Basin No. 10 • The 12 -inch line has been added and will require relocation. • The location of the 16 -inch line has been revised and will still require relocation. • :Catch Basin No. 11 • The 12 -inch line has been added and will require relocation. ' • The location of the 16 -inch line has been revised and will not require relocation as previously shown. • Catch Basin No. 12 • The 12 -inch line -has been added and will be protected in place. • The location of the 16 -inch line has been revised and will still require relocation. Please have your staff review the enclosed revised. plans. If, after this review, you feel that there are any items that still need to be resolved, we will set up a meeting to discuss them. Also, be advised that the •Santa Clarita Water Company is reviewing the pothole information that your company provided during the installation of the 12 -inch line. Final locations of their facilities will be provided to you when they are available. MR. JAMES JINRS October 8, 1991 Page 3 In reference to your letter dated August 20, 1991, it is understood that -the work on NCWD's well sites that is a result of the roadway project will be performed at the City's expense. This includes grading, drainage structures and block walls. However, unless your company can provide prior rights documentation, relocations/adjustments within the public right-of-way shall be at NCWD's expense. If NCWD is claiming prior rights, the supporting documents should be forwarded to the City immediately. If you have any questions, please contact Mr. Chris Bretall, Project. Engineer, Willdan Associates, at (714) 563-3200 or Mr. Dan Pomplun of this office at (805) 286-4141. Sincerely, LYNN M. HARRIS DEPUTY CITY MANAGER/ COMMUNITY ADEYEELOPMENT chaRichard Ropecec ky7 Deputy City Engineer RR:cb:hds/1359 Enclosures cc: Carl' Newton Dan Pomplun Chris Bretall Bill Yee NEWHALL COUNTY WATER DISTRICT 23780 North Pine Street P.O. Box 779 Newhall, California 91322.0779 Telephone (805) 259.3610 . FAX (605)259-9673 ... Assistant General Manager JEAN A. DI ANGELONS October 22, 1991 City of Santa:Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 Attention: Richard Kopecky Deputy City Engineer Subject: Proposed Improvements to/and Within San Fernando Road (Project No. 91-2i) Gentlemen: As you know, the Newhall County Water District has existing water facilities located within and contiguous to San Fernando Road which will be effected by your proposed improvements. The estimated cost to re -locate said water facili- ties is approximately $95,269.00 (as revised per your letter of 10/8/91). The State of California (Caltrans) has recently completed certain improvements to San Fernando Road north/westerly of Sierra Highway which caused the District great expense and is cur- rently being contested. A significant portion of the anticipated costs of your project 91-27 are a result of storm drain/culvert construction to solve drainage problems originating from contiguous proper- ties. This is not our responsibility. If in fact the work was requested by the Los Angeles County Flood Control District or a property owner, all costs to re -locate our facilities would be at their expense. It should also be noted that flood control and/or drainage struc- tures are an improvement within the highway, and not to the highway. We agree that local peak traffic congestion along San Fernando Road must be relieved, however, it is a valley -wide problem and the cost of a solution should be shared by all. Population studies will verify that current traffic problems are generated outside of Newhall County Water District boundaries, and it is grossly unfair to expect our consumers to pay for improvements, necessitated by others. Cit— of Santa Clarita Oc. zer 22, 1991 Page 2 In any event, we are not in a financial posi- tion to absorb these costs and deny any and all financial responsibility to relocate our facil- ities. We therefore suggest a joint meeting to resolve the matter to our mutual satisfaction. I await your response. Yours very truly, NEWHALL,CODUNTYpWAT R DISTRICT James�E. Jinks General Manager JEJ/so cc: Board of Directors Robert H. Dahl C. Franklin Steiner Lynn Harris Carl Boyer, 3rd. RESOLUTION NO. L-230 - • • f APPENDIX A PROPOSED GENERAL ORDER NO. 69-C `v (supersedes General Order No. 69-8) PUBLIC UTILITIES COMMISSION OF THE — STATE OF CALIFORNIA EASEMENTS ON PROPERTY OF PUBLIC UTILMES RESOLUTION NO. L•290 Adopted July 10, 1985, Effective July 10, 1985. IT IS HEREBY ORDERED, that all public utilities covered by the provisions of Section 851 of the Public Utilities Code of this State be, and they are hereby authorized to grant easements, licenses or permits for use or occupancy on, over or under any portion of the ` operative property of said utilities for rights of way, private roads, agricultural purposes, or other limited uses of their several properties ' without further special authorization by this Commission whenever it shall appear that the exercise of such easement, license or permit will not interfere with the operations, practices and service of such public ( utilities to and for their several patrons or consumers; PROVIDED, HOWEVER, that each such grant, other than a grant by a public utility to the State of California or a political subdivision thereof for a governmental use superior to the use by the public utility under the provisions of Section 1240.610 IM of the Code of Civil 7. Procedure, shall be ora grant to the United States Government or any =;�• c- r 3 r ? =r T -'ni agency thereof for a governmental use shall be made conditional upon the right of the grantor, either upon order of this Commission or • :: • _ upon its own motion to commence or resume the use of the property . in question whenever, in the interest of its service to its patrons or consumers, it shall appear necessary or desirable to do so; AND PROVIDED, FURTHER, that nothing herein applies, or shall • be deemed to apply to crossings of railroads or street railroads by private or public roads, passengerways or footpaths, at grade or otherwise; AND PROVIDED, FURTHER, that the term "political subdivision" as used in this General Order is defined as set forth in Section 1402 of the Public Utilities Code. 7/16/g5 date this shall be The effective of order a —2— Approved and dated at San Francisco, California on L el PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA By: JOSEPH E. BODOVITZ Executive Director (Overstriking indicated language to be deleted; underlining indicates language to be added.) C.O. 69-C Phwrrle...w Ly GUPORV IA ORME OF STATE YRI\TVG C C -" e7 77137 C. PUBLIC'UTILITIES COMVISSION OF THE STATE OF CALIFORNIA Copy for: RESOLUTION 140. L-230 Orig. and Ccpy to Executive Director LEGAL DIVISION Date: July 10, 1985 R E S 0 L U T I 0 11 Director Numerical File Alphabetical File Accounting Officer SUBJECT: RESOLUTION AEFNDING GENERAL ORDER.. N0. 69-8 WHICH CONTAINS RULES GOVERNING THE GRANTING OF EASEMENTS AND OTHER PROPERTY RIGHTS ON PUBLIC UTILITY PROPERTY BY PUBLIC UTILITIES WHEREAS: General Order No. 69-B applies to all public utilities covered by the provisions of Section 651 of the Public Utilities Code. It gives blanket authority to these utilities to t e secents licenses or permits for use or occupancy on, over or gr Mr. a , under public utility property for certain limited uses, Where exercise of the easement, license or permit will not interfere with utility operations, practices and services. Such grant is made subject to the utility's reserved power to commence or resume use of the property where necessary or desirable, unless the grant is to the State of California and its political subdivisions. In such cases, utilities are not required to reserve termination rights because these government entities have eminent domain power. It has come to the Commission's attention that utilities have attempted to condition grants of property rights to federal agencies upon the reserved power to commence or resume use of the land if desirable or necessary. A_ presently worded, General Order 69-B requires such reservation of power. However, a similar rationale exists for exer..pting the United States Government and its agencies from this requirement because of their eminent domain power. The Commission's staff has revised General Order 69-B to enlarge the exemption to include grants of property rights to federal ager,ci.es. General Order 69-B has also been revised to reflect the fact that Section 1240 of the Code of Civil Procedure has been repealed and replaced by provisions bearing other numbers. (See Appendix A to -this resolution.) THE COMMISSION' FINDS that the proposed revisions to Appendix A are reasonable and consistent with state and federal law. The Commission concludes that General Order 69-B should be amended as set forth in the following order. IT IS ORDERED that: (1) General Order 69-B as adopted by Resolution No. ;rl) A-4917 on September 10, 1963 is amended as provided in Appendix'A to this resolution. (2) In all other respects, General Order 69-B shall remain in foil force and effect. 1 (3) The Executive Director shall cause a copy of the amended general order to be mailed to all stationary public utilities. (4) This order is effective today. I hereby certify that the foregoing resolution was duly introduced, passed and adopted at a regular meeting of the Public Utilities Ccm-mission of the State of California, held on 1Gth day of July , 1925, the following Comr..issioners voted favorably thereon: Executive Director DOt4g%VtAp�gtdent X. In RESOLUTI0N NO. L-230 APPENDIX A PROPOSED GENERAL ORDER NO. 69-C (supersedes General Order No. 69-B) PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Easements on Property of Public Utilities Resolution No. L-230 Adopted Effective IT IS HEREBY ORDERED, that all public utilities covered by the provisions of Section 851 of the Public Utilities Code of this State be, and they are hereby authorized -to grant easements, licenses or permits for use or occupancy on, over or under any portion of the operative property of said utilities for rights of aay, private roads, agricultural purposes, or other limited uses special 1 authorization several properties without further p of their se p P �. by this Commission whenever it shall appear that the exercise of such easement, license or permit will not interfere with the operations, practices and service of such public utilities to and for their several patrons or -co - nsumers; PROVIDED, HOWEVER, that each such grant, other than 'a grant by a public utility to the State of California or a. political subdivision thereof for a governmental use superior to the use by the public utility under the provisions of Section 1240.610 7290 of the Code of Civil Procedure, i}SfTT !SE or a rant to the United States Government or an a encr thereof for a governmental use, shall be made conditional upon the right of the grantor, either upon order of this Commission or upon its own motion to commence or resume the use of the property in question whenever, in the interest of its service to its patrons or i 1 cor.sucers, it shall appear necessary or desirable to do so; AND PROVIDED, FURTHER, that nothing herein applies, or shall be deemed to apply to crossings of railroads or street railroads by private or public roads, passageways or footpaths, at grade or otherwise; AND PROVIDED, FURTHER, that the term "political subdivision" as used in this General Order is defined as set forth in Section 102 of the Public Utilities Code. The effective date of this order shall be Approved and and dated at San Francisco, California or. ti PUBLIC UTILITIES COXMISSION OF THE STATE OF CALIFORNIA BY: Joseph E. Bodovitz Executive Director (OverstriY.ing indicated language to'be deleted; underlining indicates languzge tc be added.) -1— GENERAL ORDER No. 09-8 (Supersedes General Order No. e9 -A) Public Utilities Commission of the State of California EASEMENTS ON pROPERTY OF pUBLIC UTILITIES Reeolution No. A•2917 Adopted September 10, 1963- ERectlrs &ptember '0- 'W& It is hereby ordered, that all public utilities cgvered by the provisions of Section 851 of the Public Utilities Code of this State be, and they are hereby authorized to grant easements, licenses or permits for use or occupancy on, over or under any portion of the operative property of said Utilities for rights of way, private roads, agricultural purposes, or other limited uses of their several properties without further special authorization by this Commission whenever it shall appear that the exercise of such easement, license or permit will not interfere with the operations, practices and service of such public utilities to and for their several patrons or consumers; - Provided, however, that each such grant, other than a grant by a public utility to the State of California or a political subdivision thereof for a governmental use superior to the use by the public utility under the provisions of Section 1240 of the Code ofCilProceither nponedure, shall der of made e conditional upon the rig grantor, this Commisaion or Upon its own motion to commence or resume the use of the property in question whenever, in the interest of its service to its patrons or consumers, it shall appear necessary or desirable so to do; And provided, further, that nothing herein applies, or shall be deemed to apply to crossings of railroads or street railroads by private or public roads, passageways or footpaths, at grade or otherwise; And provided; further, that the term "political subdivision" as used in this General Order is defined as set forth in Section 1402 of the Public Utilities Code PvaLIG IITumrs Coloaeslox 07 Tn'Z STATS or C•r * PORNI' By R. J. paaAMCH, Secretary