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01-21-2020 - AGENDA ITEM 05 CONSIDERATION OF ADOPTION OF RESOLUTIONS REQUESTING TO ACCEPT TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS (MISCELLANEOUS TRANSFER DRAINS)11/16/2020 Print Staff Report AGENDA ITEM NO. 5 DATE: January 21, 2020 TO: Mayor and City Council FROM: David Carmany City Manager AGENDA STAFF REPORT City of West Covina I Office of the City Manager SUBJECT: CONSIDERATION OF ADOPTION OF RESOLUTIONS REQUESTING TO ACCEPT TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS (MISCELLANEOUS TRANSFER DRAINS NO. 928, 954, AND 962) RECOMMENDATION: It is recommended that the City Council adopt the following resolutions on a 4/5ths vote per the County of Los Angeles direction: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT, ON BEHALF OF SAID DISTRICT, THE TRANSFER AND CONVEYANCE OF THE STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO.928 IN THE CITY OF WEST COVINA FOR OPERATION, MAINTENANCE, REPAIR, AND IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF - RESOLUTION NO.2020-02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT, ON BEHALF OF SAID DISTRICT, THE TRANSFER AND CONVEYANCE OF THE STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO.954 IN THE CITY OF WEST COVINA FOR OPERATION, MAINTENANCE, REPAIR, AND IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF - RESOLUTION NO.2020-03 RESOLUTION NO.2020-04 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT, ON BEHALF OF SAID DISTRICT, THE TRANSFER AND CONVEYANCE OF THE STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO.962 IN THE CITY OF WEST COVINA FOR OPERATION, MAINTENANCE, https://destinyhosted.com/print_ag_memo.cfm?seq=628&rev_num=0&mode=Extemal&reloaded=true&id=93782 1/3 11/16/2020 Print Staff Report REPAIR, AND IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF BACKGROUND: The South Hills Subdivision was approved through a series of subdivisions between the late 1970s and mid 1980s. The South Hills Subdivision approved the creation of several hundred single family properties in the area along Hillside Drive between Citrus Street and Galster Park. These properties were rough graded, and the streets were installed in the mid to late 1980s but houses were not immediately constructed. The miscellaneous transfer drains (MTDs) were constructed at that time as well. The City of West Covina and the County of Los Angeles entered into an Agreement dated February 2, 1982, whereby the City made certain warranties about its future transfers and conveyances of flood control facilities to the County of Los Angeles. Over the decades several home builders constructed portions of the South Hills Subdivision including Western Pacific, Centex, Ryland Homes, Van Daele and Taylor Morrison. MTDs consists of permanent drainage facilities, typically privately constructed and dedicated to a city by way of Tract Map, Parcel Map, or separate instrument, which may be later transferred to the Los Angeles County Flood Control District for operation and maintenance. The City of West Covina acquired the storm drain improvements from the subdivider following construction. The drainage systems are known as Miscellaneous Transfer Drains (MTDs) No. 928, 954, and 962, depicted on Los Angeles County Flood Control District Drawing No. 486-F2.1-.9, No. 486-173.1-3, and No. 486-F5.1-.5, respectively, on file with the Director of Public Works for the County of Los Angeles. DISCUSSION: The construction of the houses for the South Hills Subdivision have been substantially completed, only a handful of lots remain vacant. The MTDs are located in the South Hills Subdivision between Hillside Drive and Countrywood Lane and south of the Bentley Court cul-de-sac (928); on south of Hillside Drive between Green Ridge Terrace and Mt. Tricia Avenue (954) and west of Westridge Road (962). The drains are now ready to be transferred to the County. Upon completion of the transfer, the County of Los Angeles will be solely liable for any violations of the MTDs. The County will conduct routine maintenance involving periodic excavation, land clearing and repair of these detention basin structures and appurtenances, fire hazard clearing, and vegetation removal to restore the basins to their original flood design capacities. OPTIONS: The City Council has the following options: 1. Approve staffs recommendation; or 2. Provide alternative direction. Fiscal Impact FISCAL IMPACT: None. Attachments Attachment No. 1 - Resolution No. 2020-02 Attachment No. 2 - Resolution No. 2020-03 Attachment No. 3 - Resolution No. 2020-04 https://destinyhosted.com/print_ag_memo.cfm?seq=628&rev_num=0&mode=Extemal&reloaded=true&id=93782 2/3 11/16/2020 Print Staff Report CITY Enhance City Facilities and Infrastructure COUNCIL GOALS & OBJECTIVES: https://destinyhosted.com/print_ag_memo.cfm?seq=628&rev_num=0&mode=Extemal&reloaded=true&id=93782 3/3 ATTACHMENT NO. 1 1�3114TR y Y [Ii0MCCM-1lyd131y6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT, ON BEHALF OF SAID DISTRICT, THE TRANSFER AND CONVEYANCE OF THE STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 928 IN THE CITY OF WEST COVINA FOR FUTURE OPERATION, MAINTENANCE, REPAIR, AND IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF WHEREAS, there have been dedicated to, or the City of West Covina has otherwise acquired, the storm drain improvements and drainage system known as Miscellaneous Transfer Drain (MTD) No. 928, depicted on Los Angeles County Flood Control District Drawing No. 486-172.1-.9 on file with the Director of Public Works for the County of Los Angeles; and WHEREAS, the City is authorized and empowered to transfer and convey to the Los Angeles County Flood Control District (hereinafter referred to as District) any storm drain improverr>ents and drainage systems for future operation, maintenance, repair, and improvernent; and WHEREAS, the City and the District entered into an Agreement dated February 2, 1982, and recorded March 8, 1982 as Document No. 82-247855 of the official Records in the Registrar-Recorder/County Clerk's office, whereby the City made certain warranties about its future transfers and conveyances of flood control facilities to the District; and WHEREAS, the public interest will be served by transfer and conveyance of said storm drain improvements and drainage system from the City to the District for future operation, maintenance, repair, and improvement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City does hereby request the District to accept the transfer and conveyance of the storm drain improvements and drainage system depicted on District Drawing No. 486-F2.1-.9 on file with the Director of Public Works for the County of Los Angeles. SECTION 2. That, subject to the acceptance thereof by the Board of Supervisors of the District, the City Engineer is directed and ordered to prepare all necessary instruments and documents to effectuate the transfer and conveyance and that the Mayor is authorized and instructed to execute said documents and other instruments. The District shall have no obligation or responsibility to maintain the storm drain, improvements, and drainage until all rights of way for the storm drain now vested in the City and all other necessary rights of way have been conveyed to and accepted by the District. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately. APPROVED AND ADOPTED this 211t day of January 2020. Tony Wu Mayor APPROVED AS FORM ATTEST Thomas P. Duarte Lisa Sherrick City Attorney Assistant City Clerk I, Lisa Sherrick, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2020-02 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 211` day of January 2020, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk ATTACHMENT NO.2 1�3114TR y Y [Ii0MCCM-1lyd131k: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT, ON BEHALF OF SAID DISTRICT, THE TRANSFER AND CONVEYANCE OF THE STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 954 IN THE CITY OF WEST COVINA FOR FUTURE OPERATION, MAINTENANCE, REPAIR, AND IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF WHEREAS, there have been dedicated to, or the City of West Covina has otherwise acquired, the storm drain improvements and drainage system known as Miscellaneous Transfer Drain (MTD) No. 954, depicted on Los Angeles County Flood Control District Drawing No. 486- F3.1-.3 on file with the Director of Public Works for the County of Los Angeles; and WHEREAS, the City is authorized and empowered to transfer and convey to the Los Angeles County Flood Control District (hereinafter referred to as District) any storm drain improvements and drainage systems for future operation, maintenance, repair, and improvement; and WHEREAS, the City and the District entered into an Agreement dated February 2, 1982, and recorded March 8, 1982 as Document No. 82-247855 of the official Records in the Registrar-Recorder/County Clerk's office, whereby the City made certain warranties about its future transfers and conveyances of flood control facilities to the District; and WHEREAS, the public interest will be served by transfer and conveyance of said storm drain improvements and drainage system from the City to the District for future operation, maintenance, repair, and improvement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City does hereby request the District to accept the transfer and conveyance of the storm drain improvements and drainage system depicted on District Drawing No. 486-F3.1-.3 on file with the Director of Public Works for the County of Los Angeles. SECTION 2. That, subject to the acceptance thereof by the Board of Supervisors of the District, the City Engineer is directed and ordered to prepare all necessary instruments and documents to effectuate the transfer and conveyance and that the Mayor is authorized and instructed to execute said documents and other instruments. The District shall have no obligation or responsibility to maintain the storm drain, improvements, and drainage until all rights of way for the storm drain now vested in the City and all other necessary rights of way have been conveyed to and accepted by the District. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately. APPROVED AND ADOPTED this 215t day of January 2020. Tony Wu Mayor APPROVED AS FORM ATTEST Thomas P. Duarte Lisa Sherrick City Attorney Assistant City Clerk I, Lisa Sherrick, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2020-03 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 21s` day of January 2020, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk ATTACHMENT NO.3 1"3Y17111y Y [Ii0MCCM-TIM131F! A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT, ON BEHALF OF SAID DISTRICT, THE TRANSFER AND CONVEYANCE OF THE STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 962 IN THE CITY OF WEST COVINA FOR FUTURE OPERATION, MAINTENANCE, REPAIR, AND IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF WHEREAS, there have been dedicated to, or the City of West Covina has otherwise acquired, the storm drain improvements and drainage system known as Miscellaneous Transfer Drain (MTD) No. 962, depicted on Los Angeles County Flood Control District Drawing No. 486- F5.1-.5 on file with the Director of Public Works for the County of Los Angeles; and WHEREAS, the City is authorized and empowered to transfer and convey to the Los Angeles County Flood Control District (hereinafter referred to as District) any storm drain improvements and drainage systems for future operation, maintenance, repair, and improvement; and WHEREAS, the City and the District entered into an Agreement dated February 2, 1982, and recorded March 8, 1982 as Document No. 82-247855 of the official Records in the Registrar-Recorder/County Clerk's office, whereby the City made certain warranties about its future transfers and conveyances of flood control facilities to the District; and WHEREAS, the best public interest will be served by transfer and conveyance of said storm drain improvements and drainage system from the City to the District for future operation, maintenance, repair, and improvement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City does hereby request the District to accept the transfer and conveyance of the storm drain improvements and drainage system depicted on District Drawing No. 486-F5.1-.5 on file with the Director of Public Works for the County of Los Angeles. SECTION 2. That, subject to the acceptance thereof by the Board of Supervisors of the District, the City Engineer is directed and ordered to prepare all necessary instruments and documents to effectuate the transfer and conveyance and that the Mayor is authorized and instructed to execute said documents and other instruments. The District shall have no obligation or responsibility to maintain the storm drain, improvements, and drainage until all rights of way for the storm drain now vested in the City and all other necessary rights of way have been conveyed to and accepted by the District. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately. APPROVED AND ADOPTED this 215t day of January 2020. Tony Wu Mayor APPROVED AS FORM ATTEST Thomas P. Duarte Lisa Sherrick City Attorney Assistant City Clerk I, Lisa Sherrick, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2020-04 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 21s` day of January 2020, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk