Loading...
HomeMy WebLinkAbout11 PURCHASE PROP 11-16-98DATE' NOVEMBER 16, 1998 NO. 11 ! "~'~i 11-16-98 Inter-Com TO: FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/WATER SERVICES DIVISION PURCHASE OF PROPERTY AT 240 E. THIRD STREET SUMMARY This acti°n is for recertification of a Negative Declaration for the Main Street Water Facilities Project and for approval °f aCquisition of adjacent property, ~ RECOMMENDATION It is recommended that the Tustin City Council: . Adopt ResolutionNo. 98-105 approving the environmental determination for the project. Approve the Agreement to Purchase Real Property at 240 E. Third Street between Walter Clifford Emery and Mary Elizabeth Emery and The City of Tustin, subject to minor modifications by the City Attorney, and authorize the Assistant City Manager to execute all documents. FISCAL IMPACT The purchase price for the property will be $157,300 which includes $137,500 for acquisition of the parcel and $19,800 for a temporary subsurface construction easement, plus pro-ration of any taxes, bonds or assessments on the property, as well as closing costs. ThiS amount is included in the Water Capital Improvement Program funding for fiscal year 1998/99. BACKGROUND During the past several years the Water Division has been planning for the renovation of the Water Yard. Included in the project is construction of a 2.2 million gallon below grade water reservoir and new booster pumping station. The property at 240 E. Third Street is needed to allow for construction of these facilities. The City Council authorized staff to negotiate for the acquisition of the property located at 240 E. Third Street (the parcel). The property to be purchased is 6875 square feet in size and is improved with a parking lot as shown on Exhibit "B" of the proposed agreement to purchase property. In addition, a temporary subsurface construction easement of 9900 square feet needs to be acquired. As required by State Law, the City obtained a full appraisal on the property from Bruce W. Hull and Associates. The appraisal was completed on November 1, 1997. Based on the appraiser's inspection of the property and an analysis of matters pertaining to value, using the sales comparison method of appraising property, the appraisal resulted in a conclusion of the market value of the property. Purchase of Property at 240 E. Third Street November 16, 1998 Page 2 Terms and conditions of the proposed purchase agreement are consistent with the appraisal. The purchase price of the parcel is $137,500 and $19,800 for the temporary subsurface construction easement. The sellers also waive any rights to potential claims for inverse condemnation or loss of business in the future. Negative Declaration Under the California Environmental Quality Act (CEQA), the City must consider the potential environmental impacts of any discretionary actions it wishes to undertake. Staff prepared an initial study for the Water Yard Project (including acquisition) and determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation described in the initial study has been added to the project, and a Negative Declaration has been prepared. Pursuant to the requirements of CEQA, staff issued a Public Notice of this finding, allowing for public comments on the initial study through February 13, 1998. No public comments were received and City Council approved the Negative Declaration on February 17, 1998. Staff therefore recommends adoption of Resolution No. 98-105 re-certifying the Negative Declaration as adequate for the property acquisition. A copy of the Initial Study and Negative Declaration is attached. Tim ~). Serlet "'~. ' Director of Public Works/City Engineer TDS:GRV:ccg:Purchase of prop ~ 240 3a St. Attachments Gary Veeh Water Services Manager 1 5 $ 9 l0 Il lo.2 13 15 i6 17 15 19 20 '2_1 26 27 RESOLUTION NO. 98-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE NEGATIVE DECLARATION APPROVED BY CITY COUNCIL ON FEBRUARY 17, 1998 (RESOLUTION NO. 98-14) IS ADEQUATE FOR ACQUISITION OF REAL PROPERTY AT 240 E. THIRD STREET FOR THE MAIN STREET WATER FACILITIES PROJECT. APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The.City Council of the City of Tustin does hereby resolve as follows: I. A) That the Main Street Water Facilities Project (Project No. 600108) is considered a project pursuant to terms of the California Environmental Quality Act: and B) That acquisition of real property at 240 E. Third Street, as well as'a temporary subsurface construction easement, is covered under a previously certified Negative Declaration (Resolution No. 98-14) which serVes as the Negative Declaration for the project. II. The Main Street Water Facilities Negative Declaration, previously certified on February 17, 1998, was considered prior to the approval of this project. The City Council hereby finds that this project is within the Scope of the Negative Declaration for Main Street Water Facilities previously approved; the affects of this project relating to grading, drainage, circulation, public services and utilities were examined in the Negative Declaration. The applicable mitigation measures and alternatives developed in the Negative Declaration are incorporated into this project. The Final Negative Declaration is, therefore determined to be adequate to serve as the Negative Declaration for this project and satisfies all requirements of the California Environmental Quality Act. Further, the City Council finds that the project involves no potential for any adverse effect, either individually or cumulatively on wildlife resources; and therefore makes a DeMinimum Impact Finding related to Fish and Game Code Section 711.4. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, held on the 16~ day of November 1998. ATTEST: Thomas R. Saltarelli, Mayor Pamela Stoker, City Clerk EXHIBIT "B" TIff/RD k, k1 p66' I I I ~0' i 50'' STREET i I MA/A/ C I TY 0~:: TUSTIIv AGREEMENT TO PURCHASE REAL PROPERTY THIS AGREEMENT is entered into this , day of ,1998, by and among the City of Tustin, a municipal corporation (hereinafter "City"), and Walter Clifford Emery and Marilyn Elizabeth Emery, husband and wife as community property ("Sellers") . RECITALS 1. Sellers own improved property at 240 Third Street, Tustin, California, as on Exhibit "B" attached hereto and is incorporated herein by this reference (the "Property"). 2. The Property is presently developed and used as a care facility.· 3. The City desires to acquire a portion of the Property ("Subject Parcel"), and a temporary subsurface construction easement "Temporary Subsurface Construction Easement"), as identified on said Exhibit "B" and described in Exhibit "A" attached hereto and is incorporated herein by this reference. 4. The City desires to acquire the subject Parcel and Temporary Subsurface Construction Easement for the public purpose of the Main Street Reservoir Project. Specifically, the City desires to construct a-portion of a reinforced concrete reservoir on the Subject Parcel to provide additional needed storage in the City's water distribution system. The reservoir is to be buried below ground. 5. The Property is being acquired by the City under threat of condemnation. AGREEMENT Section 1. Sale/Purchase of Property. Sellers agree to sell the Subject Parcel and Temporary Subsurface Construction Easement to City and City agrees to purchase them from Sellers. The sale/purchaSe price is $137,500 for the Subject Parcel and $19,800 for the Temporary Subsurface Construction Easement~for a total compensation of $157,300. Section 2. License Upon completion of the Main Street Reservoir Project and occupancy of the Subject Parcel by City, City shall issue to Sellers a License for the non-exclusive egress, ingress, and parking use of the Subject Parcel. Such license shall be substantially in the form of Exhibit "E", attached hereto and incorporated herein by this reference. Section 3. Relocation Benefits. Sellers hereby expressly waiVe any and all right and claim to any type, kind or amount of relocation benefit whatsoever, including 'but not limited to any such or similar rights prescribed by any State, Federal or local law and/or regulation, with respect to the property, and also hereby expressly waive any additional acquisition or relocation notification required by state, federal, or local law and/or regulation. Section 4. Time Frame for Completion of Obliqations/Escrow. This sale shall be consummated through an escrow. Escrow shall be opened with First American Title Insurance Company, 114 East Fifth Street, Santa Ana, California 92701, Attention: Katharine Soto ("Escrow Officer"). Upon opening of escrow Sellers shall execute a Grant Deed and a Temporary Subsurface Construction Easement Agreement substantially in conformance with Exhibits "C" and "D", attached hereto and incorporated herein by this reference and shall deposit the deed and easement with the Escrow Officer. Subject to the conditions, described in Section 9, City shall deposit into Escrow the sum set forth in Section 1 above, payable to Sellers and execute the Temporary Subsurface Construction Easement Agreement. The closing date for the escrow shall be no later than December 31, 1998, unless such date is extended by written agreement of the parties. "Close of Escrow" shall be the date when the grant deed and easement are recorded. Except as provided in 9.3, City shall also pay all escrow and closing costs. City shall also pay the costs of the ALTA title insurance referenced in Section 9. Section 5. warranty Aqainst Easements Not of Record. To the current, actual knowledge of Sellers, Sellers warrant to City that as of the date of this Agreement and as of the date of close of escrow, they have not granted any unrecorded easements or licenses on the Property. Section 6. Warranty of No Governmental Action. To the current, actual knowledge of Sellers, Sellers warrant that there is not now, and as of close of escrow, there will not be, any violation of any law, ordinance, rule or administrative or judicial .. order affecting the Property, nor is there any judicial order affecting the Property, nor is there any condemnation (excepting the condemnation threatened by City), zoning change, or other proceeding or action (including legislative action) pending, threatened, or contemplated by any governmental body, except City, authority, or agency that will in any way affect the size or use of, improvements or construction on, or access to the Property by City. This warranty does not apply to governmental action where notice has not bee provided to Sellers. Section 7. Warranty Aqainst Contracts Concerninq Property. A. To the current, actual knowledge of Sellers,.Sellers warrant that as of the date of this Agreement and as of close of escrow, Sellers have not entered into any contracts, leases, licenses, commitments, or undertakings respecting the Property, or the performance of services on the Property, or the use of the Property or any part of it or any agreement or contract of any kind pertaining to the property by which City would become obligated or liable to anyone. B. To the current, actual knowledge of Sellers, Sellers warrant that as of the date of this Agreement and as close of escrbw, Tenants have not entered into any contracts, leases, licenses, commitments, or undertakings respecting the Property, or the performance of services on the Property, or the use of the Property or any part of it or any agreement or contract of any kind pertaining to the property by which City would become obligated or liable to anyone. Section 8. Warranty Aqainst Violations. To the current, actual knowledge of Sellers, Sellers warrant and represent that as of the date of this Agreement and as of close of escrow, they have no notice or knowledge of any violation of any statute, ordinance, regulation or administrative or judicial order or holding, whether or not appearing in public records, with respect to the Property or any improvements on the Property. Section 9. Environmental Compliance. A. Sellers warrant and represent that, during the time in which Sellers have owned or occupied the Property, neither Sellers nor, to the current, actual knowledge of Sellers, any third party,.has used, generated, manufactured, produced, stored or disposed of, on, under, or about the property or transported to or from the property any hazardous materials, including without limitation, flammable materials, explosives, asbestos, radioactive materials, hazardous wastes, toxic substances, or related injurious materials, whether injurious by themselves or in combination with other materials. To the current, actual knowledge of Sellers there is no proceeding or inquiry by any governmental authority, including without limitation the California or Federal Environmental Protection Agency or the .. California State Department of Toxic Control, or regional water quality, with respect to the presence of such hazardous materials on the property or their bond migration from or to other property. For purposes of this Agreement, the term "hazardous materials" shall include but not be limited to substances defined as "hazardous "or "toxic substances" in the " 'hazardous materials, substance, Comprehensive Environmental Response, Compensation, and Liabiiity. Act of 1980, as amended (title 42 United States Code Sections 9601-9675); the Hazardous Materials Transportation Act as amended (Title 49 United States Code sections 1801-1819); the Resource Conservation and Recovery Act of 1976, as amended (Title 42 United States Code Section 6901-6992k); and any substance defined as "hazardous waste" in Health and Safety Code Section 25117 or as "hazardous substance" in Health and Safety Code Section 25316, and in the regulations adopted and publications promulgated under these laws. B. Sellers hereby agree to indemnify, protect, hold harmless, and defend City, its council members, officers, employees, and agents, from and agents, from and against any and all loss, expense, damage and liability, including without limitation (1) all foreseeable and unforeseeable consequential damages, directly or indirectly arising from the use, generation, storage, or disposal of hazardous material on the Property by Sellers, Sellers' tenants, or other person using the Property with Sellers consent; and (2) the cost of any required or necessary repair, cleanup, or detoxification and the preparation of any closure or other required plans, regardless of whether such action is required before or after the close of escrow, but only to the extent that such liability is attributable, directly or indireCtly, to the presence or use, generation, storage, release, threatened release, or disposal of hazardous materials by Sellers., Sellers' tenants, or other person using the Property with Sellers' consent that occurred while Sellers owned the Property. Sellers' indemnity shall survive close of escrow. C. From and after Close of Escrow, City agrees to indemnify, protect, hold.harmless and defend Sellers and their respective partners, directors, officers, employees, and agents, frOm and against any and all loss, expense, damage and liability, including without limitation (1) all foreseeable and unforeseeable consequential damages, directly or indirectly arising from the use, generation, storage, or disposal of hazardous material on the property by City; and (2) the cost of any required or necessary repair, cleanup, or detoxification and the preparation of any closure or other required plans, but only to the extent that such liability is attributable, directly or indirectly, to the presence or use, generation, storage, release, threatened release, or disposal of hazardous materials on the property by City, City's indemnity shall survive close of escrow. Section 10. City's Obligation is Subject to Conditions. city's obligation to perform this Agreement is subject to City's approval of the condition of title, described in 9.1 and 9.2, City's approval of the condition of the Property based on a Phase 1 Assessment, and no breach of representations, as described in~9.4. 10.1 First American Title InsUrance Company ("Escrow Holder) shall be able to issue in favor of City an ALTA standard owner's policy of title insurance dated as of close of escrow with liability not less than the purchase price, covering the Property, showing title vested in City, and showing as exceptions only current general and special real property taxes not yet delinquent, and the exceptions to title that City has approved. 10.2 Promptly, upon execution of this Agreement by all parties, Sellers shall furnish Escrow Holder with a letter warranting that there are no unrecorded leases or subleases affecting the Property. Escrow Holder shall furnish City with a title commitment for an ALTA title policy and legible copies of all documents reported as exceptions in it ("Title Documents") city shall notify SelTers and Escrow Holder in writing within ten (10) days after receipt of the title commitment and the title Documents of city's disapproval of any exception in those documents. If any supplemental title commitment or supplemental Title Documents are submitted, then City shall notify Sellers and Escrow Holder in writing within ten (10) days after City's receipt of such items, bUt not later than the date mutually agreed upon by the parties in writing for the close of escrow, of City's disapproval of any title exception set forth therein. Failure of City to notify Sellers and Escrow Holder in writing of City's disapproval of any title exceptions shall conclusively by considered as City's approval of same. If City disapproves any title matter referred to in this paragraph, then at City's option,· this Agreement and the escrow shall be canceled, and in such event all funds or other things deposited by City shall be returned to City immediately on demand, and City shall pay all title company and escrow charges. 10.3 City has completed a Phase 1 assessment report on the condition of the Property to determine if the Property contains or has contained hazardous materials as defined herein. City's obligation to close escrow is contingent upon City's approval of the environmental condition of the Property based on the Phase 1 Assessment Report. 10.4 If there is a breach of any representation or warranty given by Sellers pursuant to this Agreement that is discovered by city before close of escrow, then City may nevertheless elect to proceed to close the escrow, in which event City shall be deemed to have elected to waive such breach, or City may elect to terminate this Agreement .. and the escrow, in which event this.Agreement Shall be can6eled. If this Agreement and the escrow are terminated by Buyer's election under this paragraph, then all funds or other things deposited by City shall be returned to Buyer immediately on demand, and Sellers shall pay all title company and escrow charges. Section 11. Warranty Against Litigation Concerning the Property. To Sellers' current, actual knowledge, as of the date of this Agreement and as of Close of Escrow, no litigation is or will be pending against Sellers regarding the use, operation, development, condition or improvement of the Property, or regarding any right, title or interest in the Property. Section 12. Threat of Condemnation. Sellers and city acknowledge that the purchase and sale of the Property has been negotiated under the threat of condemnation, of the Property by City. In the event Sellers default, City's ability to complete the Main Street Reservoir Project will be'prejudiced. Accordingly, in the event the.escrow fails to close by reaBon of a default by Sellers, Sellers'agree: a. The public interest and necessity require the acquisition of the Property. b. Sellers waive any claim to severance damages and loss of goodwill under any eminent domain proceedings commenced at any time hereafter by the City of Tustin with respect to the Property. c. Sellers waive any claim to relocation assistance in any eminent domain proceedings commenced by the City of Tustin with respect to the Property. d. Sellers acknowledge that in waiving these claims they have not relied on any representations or statements made or said by City, its agents, attorneys or other representative. Section 13. Releases. In accepting the purchase amount set forth in Section 1 and the other benefits of this Agreement: A. Sellers hereby release City of any and all claims for inverse condemnation or for just compensation relating to the Subject Parcel and Temporary Construction Easement. B. Sellers hereby release City of any and all claims for just compensation (including severance damages and loss of goodwill), inverse condemnation, or interference with business operations for the remainder of the Property that is not part of this purchase. Section 14. Attorneys' Fees. If any party files an action or brings any proceeding against the other arising from performance or nonperformance of this Agreement, or is made a party to any action or proceeding brought by the Escrow Holder, then as between City and Sellers and City, the prevailing party shall be entitled to recover as an element of its costs of suit, and not as damages, reasonable attorneys' fees to be fixed by the court. The "prevailing party" 'shall be the party who is entitled to recover its costs of suit, whether or not suit proceeds to final judgment. A party not entitled to recover its costs shall not recover attorneys' 'fees. No sum for attorneys' fees shall be included in calculating the amount of a judgment for PUrposes of deciding whether a party is entitled to its costs or attorneys' fees. Section 15. Warranties to Survive Close' of Escrow. Ail warranties, covenants, and other obligations stated in this Agreement shall survive close of escrow. All warranties, covenants, and other obligations that the 'City discovers to be breached before tender of the deed, and that city either expressly waives or does not object to before such tender, shall not survive tender of %he deed. Section 16. Binding on Successors. Except as otherwise provided herein, this Agreement inures to the benefit of, and is binding~on, the parties, their respective heirs, personal representatives, successors, and assigns. Section 17. Inteqration Clause. This Agreement constitutes the entire agreement among the parties and supersedes all prior discussions, negotiations, and agreements whether oral or written. Any amendment to this Agreement, including an oral modification supported by new consideration, must be reduced to writing and signed by all of the parties before it will be effective. Section 18. No Representation Regarding Legal Effect of Document. No representation, warranty, or recommendation is made by Sellers, or City or their respective agents, employees, or attorneys regarding the legal sufficiency, legal effect, or tax consequences of this Agreement or the transaction, and each signatory is. advised to submit this Agreement to his or her respective attorney before signing it. Section 19. Time is of the.Essence. Time is of the Essence of this Agreement, and failure to comply with the time provisions of this Agreement shall be a material breach of this Agreement. Executed on the date first above written. CITY OF TUSTIN ATTEST: By: Mayor/Mayor Pro Tem Pamela Stoker City Clerk APPROVED AS TO FORM: Lois E. Jeffrey city Attorney SELLERS Walter Clifford Emery Marilyn Elizabeth Emery EXHIBIT "A" THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: SUBJECT PARCEL (Parcel 1) THE NORTH 55 FEET OF LOTS 1,2, AND 3 OF BLOCK 46, AS SHOWN ON A MAP OF "PART OF TUSTIN" RECORDED IN BOOK 13, PAGE 81 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. TEMPORARY SUBSURFACE CONSTRUCTION EASEMENT (Parcel 2) LOT 4 AND THE WESTERLY 16 FEET OF LOT 5 OF BLOCK 46, AS SHOWN ON A MAP OF "PART OF TUSTIN" RECORDED IN BOOK 13,'PAGE 81'OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. EXHIBIT "B" gC,~LEo' / "t00 '7 MA/At C I T Y 0$: T(./$ TI IV , .£COnt3~NG .£OU£s'r£D BY City of Tustin AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTHERWISE SHOWN BELOW. MAIL TAX STATrM£NT$ TO: City Clerk q City of Tush'in 300 Centennial Way Tustin, CA 92780-3767 EXHIBIT II C II Title Order No ............................ Escrow No ........................... i'his space for Recorder's use I Grant Deed THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUbIENTARY TRANSFER TAX is $ [] unincorporated area [] City of q"'l:l .g "c 'i 'n P:,c~! No.__.4.0.~- 5 82- 0 1 [] computed on full value of property corn, eyed, ur [] computed on full value less value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Walter Cliff6rd Emery and Marilyn Elizabeth Emery, husband and wife as community property. hereby GRANT(S)to City of Tustin, a municipal corporation the following described real property in the City of Tustin county of Orange , state of California: The North 55.00 feet of Lots 1, 2 and 3 of Block 46, as shown on a map of "Part of Tustin", recorded in Book 13, Page 81 of Miscellaneous Records of Los 'Angeles County, California Dated STATE OF CALIFORNIA ~ SS. COUNTY OF On this day of , in the year · before me, the undersigned, a Notary Public in and for said County and State, personally appeared W.alter Clifford Emery Marilyn Elizabeth Emery personally known to mc (or proved to me on the basis of satisfactory evidence) to be the person whose, nam. e subscribed to the within instrument and acknowledged that executed the same. Signature Name (Typed or Printed) Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP ~IAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE Name Street Address Clt7 & State EXHIBIT "D" TEMPORARY EASEMENT AGREEMENT Preamble and Recitals This Agreement is entered into on by and between Walter Clifford Emery and Marilyn Emery, husband and wife as community property, hereinafter referred to as "Grantors" and the City of Tustin, a municipal corporation, hereinafter referred to as "Grantee". A. Grantor is the owner of certain real property located at 240 Third Street, Tustin, California, identified as Assessor Parcel No. 401-582-01 and shown on Exhibit "B" attached hereto and hereby incorporated by reference. B. Grantee desires to acquire a temporary subsurface construction easement in and to a portion of Grantor's property as described as Parcel 1 in Exhibit "A" attached'hereto and hereby incorporated by reference and shown on said Exhibit' "B", hereinafter referred to as the "Servient Tenement". C. Pursuant to the Agreement to Purchase Real Property between Grantor and Grantee, Grantee has agreed to enter into this Agreement. Character of Easement 1. The easement granted in this Agreement is an easement in gross. Description of Easement 2. The easement granted in this Agreement is a temporary subsurface right to install tie-back improvements in the Servient ' Tenement, with the tie-back being installed as a precautionary measure and in adherence to the highest engineering design standards for the support of the proposed underground, reservoir to be constrUcted in that certain real property described as Parcel 1 in said Exhibit "A" and shown on said Exhibit "B". Construction Work 3. The construction work referred to in Paragraph 1 of this Agreement, hereinafter referred to as the "Construction Work" consists of the construction of 2.2 million gallon underground reservoir in Parcel 1, pursuant to the plans and specifications to be filed with and approved by the City of Tustin. Term " 4. The temporary easement granted in this Agreement shall terminate at the end of five(5) years following the date. of filing of the Notice of Completion by the City for the construction work described in Section 2 herein. Duty to Repair, Restore, or Replace 5. Prior to the date of termination defined in Section 4, Grantee shall remove Grantee's construction equipment and materials from the Servient Tenement and restore Servient Tenement to the condition it was on the date and at the time of the'execution of this Agreement, except that, Grantee shall not be required to remove the tie-backs. That restoration work shall specifically include the repair or replacement of any landscaping, structures, fences, driveways, or other improvements on the Servient Tenement that belong to Grantor and that are removed, damaged, or destroyed by Grantee or Grantee's agents or employees. Nonexclusive Easement 6. The easement granted in this Agreement is nonexclusive. Grantor retains the right to make any use of the Servient Tenement, including the right to grant concurrent easements in the Servient Tenement to third parties, that does not interfere . unreasonably with Grantee's free use and enjoyment of the easement. Agreement Nonassignable 7. This Agreement shall not be assigned. Any purported assignment.of this Agreement or of any interest in this Agreement shall'be void and of no effect. Time of Essence 8. Time is of the essence in this Agreement. Attorneys' Fees 9. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement,' the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys' fees, costs, and expenses incurred in the action or proceeding by the prevailing party. Entire Agreement 10. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the above easement. Any prior agreements, promises, negotiations, or representations not expressly Set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Grantor and Grantee. Bindinq Effect 11. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee, except as otherwise provided in this Agreement. Executed on GRANTORS: Walter Clifford Emery Marilyn Elizabeth Emery GRANTEE: CITY OF TUSTIN By: EXHIBIT "E" LICENSE AGREEMENT FOR PARKING RIGHTS This Agreement for parking right is made this day of 1998, by and between the City of Tustin, a municipal corporation ("city") and Walter Clifford Emery and Marilyn Elizabeth Emery ("Licensee")~. RECITALS WHEREAS, Licensee is the owner of the property and the care facility business being operated on it at 240 Third Street, Tustin, California. WHEREAS, the City is acquiring a portion of Licensee's property in fee simple as described as Parcel 1 in Exhibit "A" and shown on Exhibit "B", both of which are attached hereto and made a part hereof. WHEREAS, a asphalt paved parking lot presently exists on Parcel 1 serving the care facility. WHEREAS, said parking lot improvements will be removed by the City for and during the construction of a underground reservoir in Parcel 1. WHEREAS, Licensee is desirous of using the surface of Parcel 1 upon completion of the City's reservoir construction, for'off-street parking needs of the care facility. NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. city grants to Licensee, a license for the non-exclusive use of the surface of Parcel 1 for parking purposes for and during the operation of the existing care facility. 2. City will restore the surface of Parcel 1 to a condition nearly equal to that which existed just prior to the commencement of construction of the underground reservoir at no cost to Licensee. 3. The parking layout and stall markings will be similar to that which exists at the present time, but will have to meet present building and planning code requirements of the City. 4. This License is personal to the Licensee and the patrons of the care facility. It is non-assignable and any attempt to assign this License terminates it. 5. This License Agreement is terminable at will. 6. If this Agreement is terminated.by either party,' Licensee shall have thirty (30) days in which to secure replacement parking at a location suitable to the patrons of the care facility but in a location that meets the parking requirements of the City of Tustin. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first.above Written. CITY OF TUSTIN By: LICENSEE (Property and care facility owners) Walter Clifford Emery Marilyn Elizabeth Emery COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3105 INITIAL STUDY A. BACKGROUND Project Title: Main Street Water Facilities Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92670 Lead Agency Contact Person: Gary_ Veeh Project Location: 235 East Main Street Phone: (714) 573-3030 Project Sponsor's Name and Address: Ci_ty of Tustin- Public Works Dept./Water Division 300 Centennial Way Tustin, CA 92670 (714) 573-3030 General Plan Designation: Communi _ty Commercial and Public Institution Zoning Designation: Central Commercial and Commercial Project Description: Property_ acquisition, disinfection facilities, pumping station and new buried reinforced concrete reservoir. surrounding Uses: North Central Commercial South Retail Commercial East Central Commercial West Retail Commercial Other public agencies whose approval is required: I Orange County Fire Authority Orange County Health Care Agency · South Coast Air Quality Management District D Other City of Irvine [21 City of Santa Ana Orange County EMA B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below: El Land Use and Planning El Population and Housing Geological Problems Water Air Quality Transportation & Circulation Biological Resources Energy andl~Vlineral Resources · Hazards · Noise · Public Services Utilities and Service Systems Aesthetics Cultural Resources [3 Recreation Mandatory Findings of Significance C, DETERMINATION: On the basis of this initial evaluation: I find that the proposed, project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on attached sheets'have been added to the project. A NEGATIVE DECLARATION will be prepared. · I find thatthe proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures'based on the earlier analysis as described on attached sheets, if the effect is a "PotentiallY Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant.effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been voided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequatelY in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed Signature Christine A. Shingleton Printed Name l~ate Assistant City ManaRer Title D. ENVIRONMENTAL IMPACTS Earlier analyses used: Available for review at: City of Tustin Community Development Department 1. LAND USE & PLANNING - Would the proposal: a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land uses in the vicinity? d) Affect agricultural resources or operations? e) Disrupt or divide the physical arrangement of an established cOmmunity (including a low-income or minority community)? 2. POPULATION & HOUSING - Would the proposal: . a) Cumulatively exceed official regiOnal or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an underdeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? GEOLOGIC PROBLEMS - Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? b) Seismic ground shaking? c) Seismic ground failure, including liquefaction? d) Seiche, tsunami, or volcanic hazard? e) Landslides or mudflows? f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? g) Subsidence of land? h) Expansive soils? i) Unique geologic or physical features? 4. WATER - Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff?. b) Exposure of people or property to water related hazards such as flooding? c) Discharge into surface waters or other alternation of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course or direction of water movements? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact D D Q Q O O [3 Q Q Q Q Q Q Q O O O · · Q · [3 · · Q Q · f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? 5. AIR QUALITY - Would the proposal: e a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause any change in climate? ' d) Create objectionable odors? TRANSPORTATION & CIRCULATION - Would the proposal result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity onsite or offsite? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? BIOLOGICAL RESOURCES - Would the proposal result in impacts to: a) Endangered, threatened or rare sPecies or their habitats (including but not limited to plants, fish, insects, animals, and birds)? b) Locally designated species (e.g., heritage trees)? c) Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? e) Wildlife dispersal or migration corridors? ENERGY & MINERAL RESOURCES - Would the proposal: a) Conflict with adopted energy conservation plans? b) Use nonrenewable resources in a wasteful and inefficient manner? c) Result in the loss of availability of a known mineral resource that would be of future value to the region? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact O [3 O O [3 D Q Q Q Q O O Q · D · · · I. 9. HAZARDS - Would the proposal involve: a) A risk of accidental explosion or release of ha:?dous substances (including, but not limited to, oil, pesticides, chemicals, or radiation)? b) Possible interference with emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? 10. NOISE - Would the proposal result in: 11. 12. a) Increases in existing noise levels? b) Exposure of people to severe noise levels? PUBLIC SERVICES - Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? b) Police protection? c) Schools? d) Maintenance of public facilities, including roads? e) Other government services? UTILITIES & SERVICE SYSTEMS - Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water'drainage? f) Solid waste disposal? g) Local or regional water supplies? 13. AESTHETICS - Would the proposal: a) Affect a scenic vista or scenic highway? b) Have a demonstrable negative aesthetic effect? c) Create light or glare? Potentially Significant Impact tentially dni. ficant Unless Mitigation Incorporated Less than Significant Impact No Impact Q Q Q Q Q · ·. O O O O · O. O O · · · · O O O O O · · · · · · · 14. CULTURAL RESOURCES - Would the proposal: a) Disturb paleontological resources? b) Disturb archaeological resources? c) Have the potential to cause a physical change which would affect unique ethnic cultural values? d) Restrict existing religious or sacred uses within the potential impact area? 15. RECREATION - Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? 16. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? .. b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact Potentially Significant Unless Less than Mitigation Significant Incorporated Impact No Impact Ee EVALUATION OF ENVIRONMENTAL IMPACTS Please refer t° Attachment A for an evaluation of the environmental impacts identified in Section D above. ATTACHMENT A DISCUSSION OF ENVIRONMENTAL EVALUATION Main Street Reservoir Project Property Acquisition, Disinfection Facilities, Pumping Station, and New Buried Reinforced Concrete Reservoir (City Project No. 600108) PROJECT DESCRIPTION The proposed project, is generally located within the City of Tustin as shown in Figure 1. The project includes property acquisition, demolition of existing structures, disinfection facilities, pumping station, engine generator, 4000 gallon diesel storage tank, chemical storage, operations storage and a new buried concrete reservoir and . involves potential work on three (3) nearby sites in the City of Tustin as shown in Figure 2 and 3. The following project component descriptions are broken down by site number and discuss the work being done on each individual site. Site No. 1 Site No. 1 is located at the northeast comer of Prospect Avenue and Main Street in the City of Tustin. The property is owned by the City of Tustin and is currently being used by the Water Services Division. Existing facilities on the property include the following: Water Services Division administration building, 180,000 gallon concrete reservoir, underground site piping, wellhead facilities, residence, garage/workshop and a nitrate removal plant. A new 2,200,000 gallon buried reinforced concrete reservoir will be partially constructed on' Site No. 1 (Approximately 2/3 of the reservoir will be in Site No. 1 and .1/3 of the reservoir. will be in Site No. 2). The reservoir is located adjacent to Prospect and Third Streets as shown on Figure 3. The reservoir is being constructed to provide additional needed storage in the City's distribution system (the existing reservoir was built in 1925), to permit blending with treated water from the existing nitrate removal plant and to permit other existing reservoirs to be taken out of service for repairs and upgrade. The reservoir is proposed to be buried below ground. The reservoir will be constructed in the northern section of Site No. 1 as can be seen in Figure 3. It will border Prospect Avenue to the west and an existing convalescent home to the east. A new booster pump station is proposed to be constructed on top of the proposed concrete reservoir. The booster station is proposed for the northern portion of Site No. 1. The booster station will be used to distribute the water from the reservoir into the City's water distribution system. A chlorine storage building will be constructed on site No. 1 as shown in Figure 3. The use of chlorine gas Will provide disinfection at the wellhead facilities. Adjacent to the chlorine building, a future fluoride feed and ammonia feed building may be constructed. The architecture for this facility would match the proposed chlorine building. Since the existing buildings at the site will be demolished new facilities will be required to provide chemical storage, operational storage, wet laboratory facilities, tool storage, restrooms and a control room. These facilities will be incorporated into the proposed buildings on the site as shown in Figures 2 and 3. Additional on site facilities such as piping and valving will be constructed to transport the water between the reservoir and the pump station and to the City's existing distribution system. Two asphalt parking lots will also be constructed for use by employees, visitors and the public. Site No. 2 Site No. 2 is located at the southeast comer of Prospect Avenue and Third Street in the City of Tustin adjacent to Site No. 1. The property is currently used as a parking lot for the convalescent home that is just to the East of the property. If the project is approved, the City of Tustin plans to acquire this property and build the reservoir and then build a parking lot on top of the reservoir for general public parking with exclusive rights to a certain number of parking spaces being assigned to the convalescent home. As discussed in the Site No. 1 description above, a portion of the proposed 2,200,000 gallon buried reinforced concrete reservoir will be constructed on Site No. 2. The northem and western edges of the reservoir will be constructed on the Third Street and Prospect Avenue rights-of-way respectively. The western edge of the reservoir will be constructed adjacent to the existing convalescent home. Site No. 3 Site No. 3 is located just east of Site No. 1 and borders Main Street to the south. The City intends to acquire the site in conjunction with the project. A potential use for this property is to replace existing wellhead facilities that are currently located on Site No. 1. In addition, an emergency generator could be added to the site. In conformance with the California Environmental Quality Act, the purpose of this study is to identify the significant environmental impacts of the project. Phasing At this time, it is anticipated that the work at the Main Street site will occur in multiple phases. The first phase will include the majority of the construction and will consist of the buried reservoir, the pump station, the wellhead facilities, and the parking lot on top of the reservoir, all of which are shown in Figure 4. During Phase II, the existing warehouse and administration buildings which are shown in Figure 4 will be removed, and the public parking lot will be constructed as shown in Figure 3. A final phase may include the construction of the fluoride/ammonia building if regulations are adopted which require, their use. 1, LAND USE PLANNING (A-E) No Impact The present zoning of Sites No. 1 and 2 is "C2-P (Central commercial)" and the present zoning of Site No. 3 is "C 1 (commercial)". The current General Plan designation for Site No. 1 is "Public Institutional and the current General Plan designation for Sites No. 2 and 3 is "Community Commercial". The present use of Site No. 1 is for the City's water administration, production, treatment, storage, pumping and other miscellaneous facilities. On Site No. 1, the City is proposing to construct a buried Concrete reservoir and a booster pumping station which are consistent with the facilities currently on the site. Site No. 2 is currently used as a parking lot for the adjacent convalescence home. The City is proposing to construct a buried concrete reservoir on the Site and then construct a parking lot on top of the reservoir. An electrical contracting business is currently located on Site No. 3. The City is proposing to construct wellhead facilities on Site No. 3 which would be consistent with the adjacent proposed facilities on Sites No. 1 and 2. Buildings, walls and features on Sites No. 1 and 2 will be designed to enhance and compliment structures in the Cultural Resources District to the west. The completed site will be screened on the north side along Third Street and on the west side along Prospect with a decorative masonry wall. The wail'will be coated with a tan stucco and have a brown brick cap and brown pilasters. Low masonry walls (4') will be located around the public parking at the north west comer of the site. Higher masonry walls (8') will surround the Water Department facilities and will separate the public parking lot from these facilities. The site will be open along Main Street with a bermed planting area screening the parking lot from Main Street. Landscaping and trees will also be used to screen Water Department facilities. Existing street trees along Main Street will be saved along with two specimen trees on site. Around the perimeter of the site and between the public parking lot along Main Street and the Water facilities second story backdrop trees (Gold Medallion) will be used to screen. In addition, total edge screening trees (Italian Cypress) will be used around the existing treatment facilities. Low maintenance shrubs and ground cover will be installed in planting areas located between the sidewalk and the masonry walls along Third and Prospect. Raised planters will be installed to provide landscaping on the reservoir roof parking lot. sources.' City of Tustin Public Works Department, Water Services Division City of Tustin Community Development Department City of Tustin General Plan Land Use Map Field Observations Mitigation Monitoring: None Required 2, POPULATION AND HOUSING (A-C) No Impact The proposed water facilities provide improvements in system reliability but do not provide a significant increase in capacity and will therefore not result in any noticeable direct or indirect increase in population or need for additional dwelling units or displace any existing housing.' The nature of the facilities will not require any increase in City staff at the site. sources: City of Tustin Housing Element of the General Plan City of Tustin Community Development Department City of Tustin Public Works Department, Water Service Division Mitigation Monitoring: None Required 0 GEOLOGIC PROBLEMS (A:D,E,I) No Impact A review of the proposed project indicates that the facilities would not result in any geologic changes to the existing conditions. Soils reports and grading plans prepared as a part of the project design will address any onsite conditions encountered. According to the General Plan there are no Alquist-Priolo zones on or near the site. The Sites Will not be impacted by any landslides, Seiche, Tsunami, volcanic action, erosion, or subsidence since none of these geologic features are present onsite or in the vicinity. (B-C, F-H) Less Than Significant Impact The Sites are subject to seismic shaking as a result of their proximity to regional fault lines such as the Newport-Inglewood fault. The region is subject to expansive soils and l!quefaction due to a high groundwater table in the area. However, common construction practices such as removal and recompaction of the site's soil and remedial grading will mitigate any potential impacts from any expansive soils encountered. The project will require excavations of over twenty feet in depth for.the reservoir construction and this excavation will be in close proximity to the existing building on the east side of the site. These excavations will be adequately reinforced with engineered shoring during construction of the reservoir. sources: City of Tustin Public Works Department, Water Service Division City of Tustin Community Development Department Mitigation Monitoring: A detailed soils engineering report and grading plans will be prepared for the project. All excavation and grading activities will comply with all applicable City of Tustin Codes, the Uniform Building Code and the Standard Specifications for Public Works Construction. Pre-existing conditions at the convalescent home will be documented through photographs and video tapes by City staff to ensure that any damage caused by the construction is repaired to the pre-existing condition or better. This will be monitored by the Construction Manager. 4, WATER (A-I) Less Than Significant The proposed project wil'l not result in any appreciable impacts to water movements, alterations to flow of flood waters, ground waters or exposure of people or property to water related hazards. The increase in impervious surface area will create a minor increase in runoff and reduced absorption. The equipping and operation of the new domestic water well is the replacement of an existing well at the Main Street site and results in no net change in groundwater impacts. SOurCeS: City of Tustin Public Works Department, Water Service Division Mitigation Monitoring: None Required AIR QUALITY (A-D) No Impact The proposed project will not result in any permanent degradation of existing air quality based upon the South Coast Air Quality Management District guidelines for preparation of Environmental Impact Reports. A generator powered by diesel fuel will be a part of the project to provide standby power. The generator will only operate during emergency situations. Construction at the Sites however will temporarily generate natural particulate matter in the form of dust from grading operations and other activities. Construction activity dust generation shall be reduced through regular watering as required by the SCAQMD Rule 403. sources: SCAQMD Standards for preparing EIR documents. Mitigation Monitoring: The emergency generator shall meet all required SCAQMD requirements for standby power. The City shall incorporate regular watering as required by SCAQMD Rule 403 into construction requirements. , TRANSPORTATION & CIRCULATION (A-C), (E-G) No Impact The project will not result in any impacts (except for the temporary loss of parking stalls) on vehicular movement, existing transportation systems, changes in waterborne rail or air traffic. (D) Less than Significant Impact During the 18 month construction term, there will be a temporary loss of 11 parking stalls at the convalescent home and there may be the temporary loss of parking on one block of Third Street should it be closed for construction activities. These temporary losses can be alleviated by the utilization of on-street parking. The City Traffic Engineer has concluded that ample parking is available on-street in the vicinity. The project involves the replacement of an existing parking lot on top of the new reservoir. Spaces in the new lot will be reserved for the convalescent home. In addition, this project will provide additional public parking for the Old Town Area at the comer of Prospect Avenue and Main Street. The proposed reservoir, pump station and associated facilities will not increase the demand for parking over that of the existing facilities. Parking for employees will be accommodated by on-site parking as generally shown in Figure 3 in Phase I and Figure 4 for Phase II. Access to the water facilities for both employees and deliveries will be via gated entrances on Main Street and Prospect Avenue. Construction of the reservoir may require the temporary closure of Third Street fi.om Prospect to Preble. The traffic volumes on this street, as shown on recent traffic counts, indicate that this street has very low volumes of traffic. The vehicular traffic during the morning peak ranged from 19 to 22 vehicles an hour in each direction. Evening peak ranged fi.om 26 to 33 vehicles per hour in each direction. ADTs ranged fi.om 309 to 359 in each direction. In the event of a need for a temporary closure, traffic will be rerouted to streets in the vicinity with adequate capacity. This closure will cause a less than significant impact. sources: City of Tustin Circulation Element of the General Plan City of Tustin Public Works Department, Traffic Data Services, Traffic Counts, dated 8/5/97 through 8/9/97 City of Tustin, Traffic Engineer Mitigation Monitoring: During construction, the City shall provide on-street parking and shall provide adequate signing for any alternate routes during temporary road closures. e BIOLOGICAL RESOURCES (A-E) No Impact There will be no significant change in the diversity or number of species of any plants as the project will be designed for replacement of any plant life removed for construction purposes. The Sites are free fi.om any significant population of animals, fish or other wildlife. No significant plant life will be affected. sources City of Tustin Public Works Department, Water Service Division Field Observations Mitigation Monitoring: None Required ge ENERGY & MINERAL RESOURCES (A-C) No Impact The proposed project will include installation of pumping equipment, electrical motors and other electrical equipment. This proposed equipment will use energy in the form of electricity. It will replace existing pumping equipment and provide some additional capacity during peak demand periods. Therefore some additional energy will be used at the site. However, this project increases the amount of local groundwater the City will produce. The local groundwater replaces imported water purchased from Metropolitan Water District of Southern California (MWD). Sources of supply for MWD water are located hundreds of miles away at either the Colorado River or Northern California. Therefore, since the energy used at this site replaces other energy uses the net effect is that the proposed project will not result in a significant increased usage of energy or natural resources. sources: City of TuStin Public Works Department, Water Service Division Mitigation Monitoring: Provide energy efficient equipment for the project and work with Southern California Edison to investigate energy saving opportunities in conjunction with design of facilities for the project. e HAZARDS (A) Potentially Significant Unless Mitigation Incorporated The proposed project will include a buried storage tank for diesel fuel located adjacent to the well facility building. The m~imum capacity of the storage tank will be 4,000 gallons. The design of the storage tank will conform to Articles 52 and 79 of the current Uniform Fire Code. In addition, the storage tank will be designed in accord with Title 23 (Division 3, Chapter 16) of the California Code of Regulations (CCR) which specifies a double contained tank and piping. The chlorination building is located as shown on Figures 3 and 4. The use of chlorine gas is proposed to provide disinfection at the wellhead facilities. This is consistent with the City's other well sites. If this site is selected as the central storage location, the chlorine gas (24- 150lb cylinders) will be stored within one room of the proposed chlorine building, see Figure 4. The room will be isolated (no open access, louvers, etc.) and will be designed to contain any leaks. A chlorine scrubber will be constructed adjacent to the storage room to neutralize and contain the chlorine gas in the unlikely event of a leak. The proposed chlorine facilities will not result in the creation of any health hazard or potential health hazard or expose people to any health hazard. Risk of hazard from a chlorine leak contained in an air tight building with a scrubber are very minor. The radius for such a leak would be contained within the confines of the project site. Layout of the Main Street facilities will include space for the potential future addition of a fluoride feed and ammonia feed facility. The facility would be located adjacent to the chlorine building as shown on Figure 4. If fluoride and ammonia facility is constructed, the volume of chemicals stored would be as follows: 550 gallons of 25% concentrate Hydorflyuosilic Acid and 250 gallons of 30% Aqua Ammonia. In the areas where these aqueous (liquid) chemicals will be delivered, the site drainage will be constructed to contain any potential spills. This will be accomplished by installing isolatiori valves on the drain lines leaving that area. The water reservoir itself will be constructed so that it does not pose a hazard. The reservoir will be designed to withstand the maximum credible earthquake for the site. In addition, special safety, access, and security features will be designed into the project. (B-E) No Impact The proposed project will not interfere with any emergency response or evacuation plans nor will it increase fire or public health hazards. sources: City of Tustin Public Works Department, Water Service Division Orange County Fire Authority County of Orange Environmental Health Division Mitigation Monitoring: Prior to installation of the below ground diesel tank, approval will be required from the County of Orange Environmental Health Division and the Orange County Fire Authority (OCFA). As part of the OCFA approval, a hazardous material and inventory disclosure form will be prepared which will include an emergency response/evacuation plan for the facility. Per Title 23 of the CCR, the below ground tank will have monitoring wells between the two walls to monitor any leakage. During design, containment facilities and a chlorine scrubbing unit will be incorporated into the facility design. The actual reservoir will be designed to meet the latest seismic and safety regulations. 10. NOISE (A) Potentially Significant Unless Mitigation Incorporated The pumping facilities and engine generator proposed for the project, which may operate at any time during the day, tend to generate high frequency noiSe at levels up to 90 dB during operation. In order to mitigate this noise, the facilities will be housed in buildings which have been sited as far as possible away from the adjacent convalescent home. Insulation and other mitigation features will be included in the design of the buildings to ensure that any noise coming from the facility is less than 55 dB at the property line which meets the City noise ordinance. Deliveries to the site of equipment or chemicals will be scheduled during normal City working hours Monday through Friday and will not impose significant impacts to noise. (B) No Impact Noise generated during the construction of this project is temporary and will occur during the proposed 18 month construction period. Operation of construction equipment will be limited to the routine work hours of 7:00 a.m. to 6:00 p.m. Monday through Friday. Nighttime construction will not be permitted except in the case of an extreme emergency. The noise level of the construction equipment is anticipated to be in the range of 70 to 90 dB from 50 feet away depending on the type of equipment being used. Construction noise is exempt from City noise ordinance during working hours. sources: City of Tustin Public Works Department, Water Service Division City of Tustin Community Development Department, Planning Division City of Tustin General Plan Mitigation Monitoring: The Contractor will be required to meet all City Noise requirements during construction. The construction manager will ensure that the site complies with all noise-related requirements during construction. All buildings will be designed so that the noise emitted will meet all City Noise ordinances. Prior to final acceptance of any buildings or equipment, noise will be measured at the property lines to the northeast and east to insure compliance. The City's code enforcement officials will be responsible for monitoring compliance in response to complaints after completion of the project. 11. PUBLIC SERVICES (B) Potentially Significant Unless Mitigation Incorporated There are no impacts on police protection since the project will incorporate security fences, gates and approved site lighting into its design. In addition, all buildings will be designed with intrusion alarms. (A,C-E) No Impact The new reservoir, well and pumping facilities will have to be maintained to the same level as other City water facilities. The Public Works/Water Service Division will be responsible for this maintenance. Typical annual maintained costs for this type of facility are 400 to 600 maintenance hours per year. The maintenance costs will be recovered from the City water rates and fi.om the addition of newer and more efficient equipment. The maintenance of the new facilities will be performed by existing City staff and it is not anticipated that the City will need to hire new employees for the maintenance of this facility. sources: City of Tustin Public Works Department, Water Service Division Mitigation Monitoring: None Required 12. UTILITIES & SERVICE SYSTEMS (A-G) No Impact The proposed project will not result in a need for new systems or substantial alterations to the following utilities; power, natural gas, communications, water, sewer, septic tanks, storm water drainage and solid waste disposal. The proposed project will create minor amounts of additional waste requiring disposal as a result of demolition of existing structures on the site. The Contractor will be required to coordinate the removal, from the site, of all structures, paving, foundations, vegetation and any associated debris from the site to a legal refuse disposal site. Those materials that can be salvaged may be retained or sold by the Contractor. All remaining materials for disposal must be taken to Sunset Material Recovery Facility at 16182 Construction Circle West, in Irvine for recycling and diversion of waste fi.om a landfill. The Contractor will level the remaining earth following debris removal and provide for hand labor to remove remaining debris following leveling of the earth to the satisfaction of the Engineer. sources: City of Tustin Public Works Department, Water Service Division City of Tustin Source Reduction and Recycling Element Mitigation Monitoring: The Contractor will be required to submit a report to the Tustin Public Works Department detailing the type and volumes (in tons) of waste generated at the site, tyPe and quantity salvaged by the Contractor, and quantity hauled to Sunset Material Recovery Facility. This report will be required prior to final payment for all work performed in accordance with the contract. 13. AESTHETICS (A-C) No Impact The architectural concept for the proposed buildings will be treated to enhance compatibility with Cultural Resources District to the west. Figures 3 and 4 depict the architectural site plan, landscaping and screen walls. Within the parking lot on top of the reservoir, portable planters will be used to meet City landscape requirements. In addition, other portions of the site will be landscaped with shrubs, groundcover and trees to make the site aesthetically pleasing. Some of the existing trees on the site will remain to act as a noise buffer. The olive tree will be removed. Basic design treatments such as perimeter screening, landscaping, building design and lighting are shown in Figures 3 and 4. This project will not produce any new light or glare outside of the site. All lighting on the site will be designed to shine on the site only. In addition, the proposed project will not result in the obstruction of any scenic vista or view open to the public. Sources: City of Tustin Public Works Department, Water Services Division Mitigation Monitoring: None Required 14. CULTURAL RESOURCES (A-D) No Impact The proposed site is located within the original City limits (1927) but is outside of the Cultural Resources District. The Cultural Resources District begins immediately west of the site on the opposite side of Prospect Avenue. All improvements for this project however, will be designed to enhance and complement other cultural resources in the District. SOurCes.' City of Tustin Public Works Department, Water Service Division City of Tustin Community Development Department, Planning Division City of Tustin General Plan Mitigation Monitoring: None Required 15. RECREATION (A-B) No Impact The proposed project will not result in any impact upon the quality or quantity 'of existing recreational opportunities. sources: City of Tustin Public Works Department, Water Service Division Mitigation Monitoring: None Required 16. MANDATORY FINDINGS OF SIGNIFICANCE (A-D) No Impact The proposed project will not result in any significant adverse impacts on the environment. sources: The determination that this project will not result in any significant adverse impacts on the environment was based upon the findings described above in items 1 through 15. EXHIBIT "E" Tentative Schedule for Main Street Reservoir Project Finalize Environmental/Clearance/ Negative Declaration and .City Council Consideration ........................................ 02-17-98 Acquisition of Property ........................................... 03-02-98 Completion of Final Design ........................................ 03-31-98 Start Construction ..................................... , ......... 05-25-98 Completion of Construction ....................................... 12-01-99 I I I I.., ,,.I I I I I I. SANTA CLARA I I ! I I I 17th I ,(/) I I AV STREET 0 I I n,' I I n I ST MAIN l / / LEGEND ......... CITY OF TUSTIN / / / / / / /\ / MAIN STREET // ~-'~/ ! RESERVOIR ! SITE ! ! ! ! /// ! ! ! \ ! / / / N.T.S. Prepared by ASL Consulting Engineers FIGURE 1 LOCATION MAP MAY, 1997 / / / / S . ~ ... ',..* · ...;... · . :.... . .:';..:.::,?:..;..!. i~. ~.' ?':-'*.'?:'.:':~?': ' '..;'.,X: . · ·'.':.."2" '' :'..:?-ii:.. |; ~,.:- ~*.. :~ '.*.'.2 ~. :,,'.;;.':.:::'..! ;..:'.:... [. '..:~. Z. *".' :.!-;::'-*O'-'X- :. :.'.. **:.':'-: ;.:.~ :: '....~. ~.: '>!:.'?.'::. :.. · · .::. '.,......' · ~:... :~";.- ,. °~ '~ '.'. 2':'. '"h.' · ..'..... .. .. ... · . ..:- · . . ' '.}' i'..' ' 'i ~/ .:.~ · . . .. ..'.. . ''. .... : ...'..' .? . ... · ....:]. -y...- .:.-%.-... . · .. .. '(1 PROSPECT STREET I I I © ooq .... I I I I I I I I .. z ~.,. = ~o~ ~l r. .-', ~ I'll ~1 ; ~ Z ITl PROSPECT STREET lo-q I CITY OF TUSTIN OFFICIAL NOTICE OFFICIAL NOTICE OF PREPARATION OF A NEGATIVE DECLARATION Notice is hereby, given that the City of Tustin is considering acquisition of real property located at 275 E. Main Street in the City of Tustin, California and 240 E. Third Street in the City of Tustin, California. These properties are legally described as Assessor's Parcel No. 401-593-05 and a portion of Assessor's Parcel No. 401-582-01 respectively. Along xv/th the acquisitions the City purposes to construct a domestic water, reservoir, disinfection and potential fluoridation facilities, the construction of a pumping facility and Water Department public parking and facade up~ades to the existing nitrate removal facility.. These improvements will be located on Assessor's Parcel No. 401-593-05, a portion of Assessor's Parcel No. 401-582-01 and Assessor's Parcel Nos. 401-582-02 and 402-582-03. The Ciw has conducted an Initial Study for the project in accordance with the provisions of the Californih Environmental Quality Act, and on the basis of that study determined that the project would not have a si~ificant effect on the environment and will prepare a Negative Declaration. The public is invited to comment in writing on the appropriateness of the Negative Declaration during the review period which ends February 13, 1998. If you challenge the subject item in court, you may be limited to raising only those issues you or someone else raised in written correspondence delivered to the City of Tustin prior to the close of review period. Information relative to this item is on file in the Public Works Department and is available for public inspection at City Hall. Anyone interested in the information above may call the Public Works Department at (714) 573-3150. Pamela Stoker City Clerk Publish: Tustin Weekly January 23, 1998 _.~lf you require special accommodations, please contact Tustin City Hall, 300 Centennial Way, Tustin 92680, (714) 573-3000.