Item 10 Report 07272021.Pdf

Item No. 10 CITYMANAGER'S OFFICE Ciffl of South Gate JUL 2 1 Zuxai CITYCOUNCIL 1,):i6 AvY'- AGENIDA BULL For the Regular Meeting of: July 27, 2021 riginating Department: Public Works Department Director.' 'at:J;C;'r>antes - Chris (Je,j SUBJECT: MASTER JOINT REVOCABLE PERMIT N0. 17-07 WITH THE CITY OF LOS ANGELES AND THE CITY OF LONG BEACH GRANTING THE CITY OF SOUTH GATE, THROUGH THE BOARD OF HARBOR COMMISIONERS, THE RIGHT TO OPERATE AND MAINT AIN IMPROVEMENTS AND STRUCTURES ON THE RAILROAD RIGHTS OF WAY PURPOSE: The City has ten active permits from the Ports of Los Angeles and Long Beach (Ports) that authorize South Gate to operate and maintain public improvements and structures installed within the Union Pacific Railroad corridor (UPRR Corridor) which they operate on right-of-way the cities of Los Angeles and Long Beach own. The City of South Gate was in need of six more permits for improvements recently constructed. The Ports have a new policy which requires that all permits be consolidated, and new permits be issued, under one master permit, known as the Master Joint Revocable Permit (MJRP). Approval of the MJRP is needed to comply with this new policy. RECOMMENDED ACTIONS: The City Council will consider: a. Approving Master Joint Revocable Permit No. 17-07 (MJRP) which grants the City rights to operate and maintain certain improvements and structures on the right-of-way underlying the Union Pacific Railroad, which permit is issued by the ports of Los Angeles and Long Beach, through the Boards of Harbor Commissioners,, b. Appropriating$l4,420inWaterFundsand$7,680GasTaxFundstoAccountNo.41l-731-71- 6801 to fund the MJRP permit fees; and c. Authorizing the Mayor to execute Master Joint Revocable Permit No. 17-07 in a form acceptable to the City Attorney. FISCAL IMPACT: Under the MJRP, the City is required to pay aru'iual permit fees, a one-time processing fee and a security deposit as listed on the table below. The permit fees increase annually according to the Consumer Price Index. Fee Funds Account No. Roadway Improvements Permit Fee $7,680 Annually Gas Tax Funds 212-713-31-6801 Water Improvements Permit Fee $8,000 Annually Processing Fee $2,500 0ne-time Water Funds 411-731-71-6801 Refundable Security Deposit $3,920 0ne-time Total $22,100 ANALYSIS: The City currently has ten active permits from the cities of Los Angeles and Long Beach (Ports) that cover public improvements that the City has installed within the UPRR Corridor. The permits were issued by the Cities because they are the owners of the property underlying the UPRR Corridor. The Ports manage the corridor through the Boards of Harbor Commissioners (Boards), thus the Boards approves new permits. The City of South Gate is in need of six more permits for improvements recently constructed within the UPRR Corridor. A new policy of the Boards required that the City's permits be consolidated under one MJRP, and that the new permits be issued through the MJRP. The new policy requires annual payment of permit fees for any public improvements that generate revenue, such as a water systems. This new requirement was triggered after the City applied for a new permit (General Order 88-B (GO-88B) Permit) for a traffic signal system that the City installed at the intersection of Firestone Boulevard and Atlantic Avenue. Approval of the MJRP is required to meet this requirement. The MJRP has been reviewed by outside legal counsel, Olivarez Madruga Lemieux O'Neill, LLP as to form. Outside legal counsel was retained as the City Attorney's Office has recused themselves from the matter due to work they do or have done with one of the Ports. BACKGROUND: On December 21, 2015, South Gate completed the construction of two major roadway projects (Firestone Boulevard/Firestone Place UPRR and Atlantic Avenue/Patata Street Crossings) that resulted in installing public improvements on the UPRR ROW. As a condition of their permit for the projects, the Boards required the City to consolidate its existing permits under the MJRP, as well as to incorporate the six proposals for new permits in the MJRP. To date, South Gate has been issued ten permits, some of which are more than 50 years old. Each permit authorized the City to construct, operate and maintain public improvements on the UPRR ROW, such as, water mains, sidewalks, storm drains, power lines, sewer, traffic signal equipment, and an access road. The permit summary is tabulated below. It is noted that under the MJRP the City must only pay a fee for pertnits that involve public improvements that generate revenue, such as the water mains and the private road. Funding Index Permit Constructed Improvements Source for No. No. Year Permit Fee 20" Casing with traffic control wiring at Atlantic Ave. and 1 New 2016 No Fee Wright Pl. Electrical Service Cabinet for Traffic Control at Firestone 2 New 2016 No Fee Blvd. and Mason St, 20" Casing with traffic control wiring at Firestone Blvd. and 3 New 2016 No Fee Firestone Pl. 4 New Sidewalk on south side at Firestone Blvd. and Firestone Pl. 2016 No Fee Temporary Construction Easement at Firestone Blvd./Rayo 5 New 1950s No Fee Ave. Water Funds 6 P-00635 10" cast iron water pipeline at Atlantic Ave. and Wright Pl. 1953 ($2,000) 7 P-00636 30" storm drain pipe at Firestone Pl. and Mason St. 1954 No Fee 8 P-00629 30" storm drain pipe at Branyon Ave. 1952 No Fee Water Funds 9 P-0063l 2" Water Pipeline at South of Branyon Ave. 1949 ($2,000) 10 N/A Sidewalk at Firestone Blvd. and Rayo Ave. 1950s No Fee 11 P-00633 30" storm drain pipe at Salt Lake Ave. and Wood Ave. 1952 No Fee Gas Tax 12 P-00674 Private Road Crossing at SE [-710 and NW Rio Hondo. 1954 ($7,680) 2" Water Pipeline in 4" Steel Casing at SE I-710 and NW Rio Water Funds 13 P-00628 1960 Hondo. ($2,000) 2 Water Funds 14 P-00627 6" steel casing power line at SE I-710 and NW Rio Hondo. 1992 ($2,000) 15 N/A Sidewalk at Imperial Highway and Garfield Pl. 1990s No Fee 12" Sanitary Sewer pipe with 30" Steel Casing at Imperial Hwy 16 New 2021 No Fee and Garfield PI ATT ACHMENTS: A. Proposed Master Joint Revocable Permit B. Location Map KT:lc CAL PACIFIC LAND SERVICES, INC. RECEIVED June 7, 2021 JUN 0 9 2021 DEP7: City of South Gate ENGINEERING Public Works Department 8650 California Avenue South Gate, CA 90280 Attn: Arturo Cervantes, P.E. Assistant City Manager/Director of Public Works Dear Mr. Cervantes: The Ports have revised the form of Master Joint Revocable Permit for the City of South Gate facilities in their railroad right of way within your City and have included the new sewer line which has been installed in Imperial Highway. There is no additional charge for this facility. The revised form is enclosed. The permit form has been approved by the Ports' staffs only and has not yet been placed on the agendas of the Ports' Boards of Harbor Commissioners. Harbor Commission approval from each Port will be required before the MJRP goes into effect. Prior to the Ports' staff putting the MJRP on their respective agendas, the following must be received by us and forwarded to them. 1. MJRP Seven (7) original MJRP documents with Exhibits are enclosed. Please have the appropriate representative(s) authorized to sign such documents sign six (6) copies, have the signatures on all copies notarized, and return the six original copies to me at the address below. The seventh copy is for your records. 2. Fees & Deposit The first year's Permit Fee is $15,680 (MJRP Paragraph 3.1), the Ports' Processing Fee is $2,500.00 (MJRP Section 3.1), and the Security Deposit is $3,920 (MJRP Section 3.6). Unless the City wants to use a non-cash form of Security Deposit as outlined in MJRP Paragraph 3.6, submit a check for $22,100 made payable to Cal Pacific Land Services, Inc. - Trust Account and delivered to my attention with the executed copies of the MJRP. If the City wants to use a non- cash form of Security Deposit, please forward information about the alternative method immediately and we will discuss it with Ports' staff. 3. Insurance Evidence of Insurance coverage for both Ports (see MJRP Section 15) will need to be submitted to the Ports following the procedures set out in MJRP Section 15.2 prior to the MJRP going into effect. 7245 Garden Grove Boulevard, Suite M Garden Grove, CA 92841 Telephone 714-799-0900 CAL PACIFIC LAND SERVICES, INC. June 7, 2021 Mr. Cervantes Page 2 Please call me at 714/799-0900 or email me at [email protected] if you have any questions about the processing of these forms. Thank you for your assistance. Wadell, Jr. Joint Property Management Encl. cc: Kenneth Tang, P.E., via email 5 MASTER JOINT REVOCABLE PERMff CIT\ OF SOUTH GATE The City of Los Angeles, a municipal corporation duly organized and existing under its charter and the constitution and laws of the State of California, and the City of Long Beach, a municipal corporation duly organized andexisting underits charterandtheconstitution and laws of the, State of California (indi'vidually, a "City" and together, the "Cities"), by and through their respective Boards ofHarbor Cominissioners, jointly own certain real propertylocatedinthe County ofLosAngeles. PursuanttoarecommendationadoptedbytheBoardofHarborCommissionersof theCityofLosAngelesunderResolutionNo. atits ,20 meeting,and ResolutionNo.HD, adoptedbytheBoardofHarborCommissionersoftheCityofLong Beach at its , 20 , meeting, the Cities hereby issue this Master Joint Revocable Permit (the "Permit") and grant permission tO the City Of SOuth Gate, a Califoinia Municipal Corporation ("Perinittee"), to operate and maintain multiple improyements and structures ("Facilities"), more particularly describedon theScheduleof PerrnitAreas attachedhereto and made a part hereof as Exhibit A, and as may be subsequently tevised by Permit Supplements after the effective date as Exhibit A(x), within the various permitted areas as defined under Paragraph 1 below (collectively, the "Peimit Areas"), This Perinit shall be effectiye upon last execution by the Executive Directors of the respective Harbor Departments of the Cities (referred to hereinafter as "ExecutiveDirector"singularortbe"ExecutiveDirectors"plural).

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