Agenda Report
Fullerton City Council
MEETING DATE: APRIL 7, 2026
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: stephen bise, p.e., public works director PREPARED BY: DAVID GRANTHAM, P.E., CITY ENGINEER
JEROME JOAQUIN, ADMINISTRATIVE MANAGER
SUBJECT: US army corps OF ENGINEERS utility easement renewals
SUMMARY
Request to approve and execute renewal documents for five Utility Easements within the United States Army Corps of Engineers Fullerton Dam and Brea Dam right of way.
PROPOSED MOTION
Approve renewing five Utility Easements from the United States Army Corps of Engineers.
Authorize payment for annual easement administrative costs associated with each easement.
Authorize Public Works Director and City Engineer, or designee, to execute easement documents.
ALTERNATIVE OPTIONS
Approve the Proposed Motion
Reject easement renewals
Other options brought by City Council.
STAFF RECOMMENDATION
Staff recommends the Proposed Motion.
CITY MANAGER REMARKS
None.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statement:
Infrastructure and City Assets.
FISCAL IMPACT
The United States Army Corps of Engineers (USACE) requires an annual $2,500 administrative fee for each easement, totaling $12,500. Staff would budget funding for the payments in the fund associated with each easement - Sewer Enterprise Funds (Fund 47) for sewer facilities and Sanitation / Drainage Capital Outlay Funds (Funds 23 and 36) for drainage facilities. The current fiscal year budget has sufficient funds to pay the annual fees.
BACKGROUND AND DISCUSSION
The City received multiple easements from the United States Army Corps of Engineers for facilities within the Fullerton Dam and Brea Dam right of way such as roadway (Bastanchury Road), recreational facilities and sewer, drainage and water facilities. These easements have varying term lengths with five easements recently expiring.
The five expired easements include three sewer facilities and two drainage facilities. Staff confirmed all facilities remain active and the City has no plans to replace or abandon the facilities. See Attachment 1 for easement locations.
USACE presented documents to the City to renew the easements for a new 50-year term, expiring in 2075 (Attachments 2 through 6). USACE originally required a $3,500 annual administrative fee for each easement, however, staff negotiated a slightly lower annual fee totaling $2,500 after USACE rejected a request to waive the fees.
The original easement documents state the City must abandon and remove existing facilities should the easement be rejected. Removing these facilities would have a detrimental effect to the public as drainage and sewer systems (public and private) would require tremendously impactful and extremely costly realignments and reconnections.
Attachments:
Attachment 1 – Easement Location Maps Fullerton Dam and Brea Dam Attachment 2 – Easement Unit R
Attachment 3 – Easement Unit A-16
Attachment 4 – Easement Unit A-23
Attachment 5 – Easement Unit A-17
Attachment 6 – Easement Unit A-3
cc: City Manager Eddie Manfro
US Army Corps Utility Easement Renewals
April 7, 2026 - Page 2