HomeMy WebLinkAboutItem 3a: Agreement with the LA County Flood Control District for the Santa Anita Dam Stormwater Flood Management Project.V -
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STAFF REPORT
Public Works Services Department
DATE: December 4, 2012
TO: Honorable Mayor and City Council
FROM: Tom Tait, Public Works Services Director
By: Ken Herman, Deputy Public Works Services Director
SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE A COOPERATIVE
AGREEMENT WITH THE LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT, THE CITY OF SIERRA MADRE, AND THE RAYMOND BASIN
MANAGEMENT BOARD FOR THE SANTA ANITA DAM STORMWATER
FLOOD MANAGEMENT PROJECT
Recommendation: Approve
SUMMARY
The East Raymond Basin Water Resources Program (ERBWRP) was developed in
2005 as a part of the Water System Reliability Program (WSRP) study conducted
through the Army Corps of Engineers to find ways to increase water storage and
production in the East Raymond Basin. As a result of this study, four projects were
identified that will increase ground water storage in the East Raymond Basin through
retention and infiltration of storm run -off from the Santa Anita watershed.
The results of this Project will benefit the Cities of Arcadia and Sierra Madre, the Los
Angeles County Flood Control District (LACFCD), and the Raymond Basin as a whole.
Therefore, it is reasonable that the City of Arcadia share in the costs associated with
this Project. The overall cost of the project is estimated to be $40 million. The City of
Arcadia's total contribution for the project is $864,126 and is budgeted in the FY 2012-
13 and FY 13 -14 Capital Improvement Program from the Water Fund. A Cooperative
Agreement has been prepared by the Los Angeles County Flood Control District who
will act as the lead agency for the project (Attachment A). This agreement is between
the Los Angeles County Flood Control District, the City of Arcadia, the City of Sierra
Madre, and the Raymond Basin Management Board.
It is recommended that the City Council authorize the City Manager to execute a
cooperative agreement with the Los Angeles County Flood Control District, the City of
Arcadia, the City of Sierra Madre, and the Raymond Basin Management Board for the
Santa Anita Dam Stormwater Flood Management Project.
Mayor and City Council
December 4, 2012
Page 2 of 4
DISCUSSION
The Cities of Arcadia and Sierra Madre are the only groundwater producers in the East
Raymond Basin. Over the last ten years, ground water levels in the East Raymond
Basin have been in a steady decline. This is mostly due to below average rainfall and a
State mandated water level restriction on the Santa Anita Dam because the spill way on
the Santa Anita Dam does not meet current seismic requirements. This has restricted
how much water can be held behind the Dam until the Los Angeles County Flood
Control District (LACFCD) implements a remediation project to address the seismic
deficiency. As a result, the State Division Safety of Dams (DSOD) has lowered the
amount of water that can be kept behind the Dam. If LACFCD does not implement a
mitigation project, the State will require that the Dam be modified to pass water through
the Dam, which would reduce, if not eliminate, water conservation storage at the Dam.
Annually approximately 20 percent of the City of Arcadia's water system demands are
met by wells in the East Raymond Basin (Attachment B). Groundwater in the East
Raymond Basin is primarily from stormwater runoff captured and infiltrated in spreading
basins.
The East Raymond Basin Water Resources Program (ERBWRP) identified the potential
to increase groundwater recharge and develop alternative backup groundwater supplies
to Arcadia and Sierra Madre. The Santa Anita Stormwater Flood Management and
Seismic Strengthening Project will modify four existing facilities along the Santa Anita
Wash:
• Santa Anita Dam
• Santa Anita Spreading Grounds
• Santa Anita Headworks
• Santa Anita Debris Dam
While each component on its own provides benefits, it is through their linkages and
synergies that the benefits are optimized to meet the overall projects goals and
objectives. In addition to the Santa Anita Wash's primary function of flood control, the
Santa Anita Flood Control System has the capability of capturing local storm water and
infiltrating it back into the East Raymond Basin. This system averages 2,135 acre -feet
of recharged water each year. The current Project will result in an increase of recharged
water to the East Raymond Basin of 518 acre feet per year.
Recognizing that the cost to repair the four major water facilities is beyond individual
local agency staffing budget limitations, the Cooperative Agreement will establish
mutual understanding between Los Angeles County Flood Control District, the City of
Arcadia, the City of Sierra Madre, and the Raymond Basin Management Board to move
forward with the improvements and to collectively fund the costs of the projects.
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Mayor and City Council
December 4, 2012
Page 3 of 4
The overall cost for the project is estimated to be $40,000,000 with half of the total cost
being funded by a Proposition 1 -E Grant that the County was awarded for this project.
The Grant requires a 50 percent match. The LACFCD will fund a majority of the Match
for the project and has requested that the affected agencies fund the remaining part of
the Match up to 10 percent.
The matching fund distribution costs are based on how the project affects each agency.
The distribution of costs is shown in the following table:
TABLE 1
Proposition 1 -E Grant $ 20,000,000
Los Angeles County Flood Control District Match $ 18,000,000
City of Arcadia $ 864,126
City of Sierra Madre $ 900,938
Raymond Basin Management Board $ 234,936
Total Cost $ 40,000,000
Due to the significant need to address the groundwater replenishment needs of the East
Raymond Basin, the approval of Proposition 1 -E Grant funding, and the partnerships
available with the other benefiting agencies, it is recommended that the City Council
authorize the City Manager to execute a Cooperative Agreement with the Los Angeles
County Flood Control District, the City of Sierra Madre, and the Raymond Basin
Management Board for the Santa Anita Dam Stormwater Flood Management Project.
FISCAL IMPACT
The FY 2012 -13 Capital Improvement Program has budgeted $695,310 for Phase I of
the Santa Anita Dam Stormwater Flood Management Project. The funding source for
this project is the Water Fund. The remaining City share of $168,816 is proposed as a
continued project in the FY 2013 -14 CIP and is also funded from the Water Fund.
ENVIRONMENTAL ANALYSIS
An Environmental Study has been prepared and approved by the Los Angeles County
Flood Control District for modifications made to the Santa Anita Dam. Environmental
Studies for the remaining work of the Project is the responsibility of the Los Angeles
County Flood Control District and will require approval prior to commencement of work.
Mayor and City Council
December 4, 2012
Page 4 of 4
RECOMMENDATION
Authorize the City Manager to executive a Cooperative Agreement with the Los
Angeles County Flood Control District, the City of Sierra Madre, and the Raymond
basin Management Board for the Santa Anita Dam Stormwater Flood Management
Project
APPROVED:
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City Manager
Attachments: Cooperative Agreement & Project Location Map
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ATTACHMENT A
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COOPERATIVE AGREEMENT NO. XXXXX
BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT;
THE CITIES OF ARCADIA AND SIERRA MADRE; AND
THE RAYMOND BASIN MANAGEMENT BOARD
FOR THE
SANTA ANITA STORMWATER FLOOD MANAGEMENT AND
SEISMIC STRENGTHENING PROJECT
OR
Prepared by:
The Los Angeles County Flood Control District
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This Cooperative Agreement No. XXXX (hereinafter referred to as the Agreement) is by
and between the Los Angeles County Flood Control District (hereinafter referred to as
the District); the City of Arcadia (herein referred to as Arcadia) and the City of Sierra
Madre (hereinafter referred to as Sierra Madre) (collectively referred to as the Cities);
and the Raymond Basin Management Board (herein referred to as Board).
RECITALS
WHEREAS, the District is a special district organized and operating under the
provisions of the Los Angeles County Flood Control Act; and
WHEREAS, the Cities and Board each hold water rights in the East Raymond Basin
within the San Gabriel Valley in the County of Los Angeles (herein referred to as the
County) and extract groundwater to supply their communities with potable water; and
WHEREAS, pursuant to the Los Angeles County Flood Control Act, the District owns
and manages flood control and water conservation facilities in Los Angeles County,
including Santa Anita Dam and Reservoir, Santa Anita Debris Dam, Santa Anita Wash
Diversion Structure, and Santa Anita Spreading Grounds, and said efforts result in the
capture of storm flows used to replenish groundwater basins in Los Angeles County,
including the East Raymond Basin (hereinafter referred to as Basin); and
WHEREAS, the Basin is used for provide water to the Cities and Board as stakeholders
that hold water rights within the San Gabriel Valley; and
WHEREAS, at present, the Santa Anita Dam and Santa Anita Debris Dam do not meet
the State of California's Division of Safety of Dams standards for seismic and spillway
capacity, and as such the State has restricted the Santa Anita Dam and Santa Anita
Debris Dams' maximum long -term storage elevations; and
WHEREAS, the reduced storage capacities at Santa Anita Dam and Santa Anita Debris
Dam limit the District's ability to maximize the potential for spreading stormwater at the
Santa Anita Spreading Grounds and Sierra Madre Spreading Grounds for groundwater
recharge; and
WHEREAS, the District is preparing to move forward with the Santa Anita Stormwater
Flood Management and Seismic Strengthening Project (hereinafter referred to as
Project) to retrofit Santa Anita Dam and Santa Anita Debris Dam to address the State's
seismic and spillway requirements and to improve efficiency of Santa Anita Spreading
Grounds and Santa Anita Wash Diversion Structure; and
WHEREAS, each of the Cities, the Board, and the District desire to cooperatively
pursue the Project; and
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WHEREAS, the District has been awarded a Proposition 1E Grant for the Santa Anita
r Stormwater Flood Management and Seismic Strengthening Project in the amount of
$20,000,000; and
Now, THEREFORE, in consideration of the foregoing and of the mutual benefits to be
derived by the parties, it is hereby agreed as follows:
RESPONSIBILITES
1. The District shall be responsible for all aspects of the Project including, but
not limited to, administration, management, construction, professional
consultant services, quality control, quality assurance, and monitoring
progress.
2. The Cities and Board shall participate in the Project by supporting the District
in its Project related efforts to cost - effectively maintain the capacity and
operability of Santa Anita Dam and Reservoir, Santa Anita Debris Basin,
Santa Anita Spreading Grounds, and Santa Anita Sediment Placement Site,
including providing assistance with community relations and expediting permit
processing.
3. Sierra Madre shall indemnify, defend, and hold harmless, District, Arcadia,
and Board and their respective officers, employees, and agents from and
against any claims, demands, liability, damages, costs and expense,
including, without limitation, those involving bodily injury, death, or personal
injury of any person or property damage of any nature whatsoever, arising
from or related to any breach of the Sierra Madre's obligations under this
Agreement.
4. Arcadia shall indemnify, defend, and hold harmless, District, Sierra Madre,
and Board and their respective officers, employees, and agents from and
against any claims, demands, liability, damages, costs and expense,
including, without limitation, those involving bodily injury, death, or personal
injury of any person or property damage of any nature whatsoever, arising
from or related to any breach of the Arcadia's obligations under this
Agreement.
5. Board shall indemnify, defend, and hold harmless, District, Sierra Madre, and
Arcadia and their respective officers, employees, and agents from and
against any claims, demands, liability, damages, costs and expense,
including, without limitation, those involving bodily injury, death, or personal
injury of any person or property damage of any nature whatsoever, arising
from or related to any breach of the Board's obligations under this Agreement.
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6. The District, on behalf of itself and any and all of its contracted design
engineering /geotechnical firms /construction contractors, agrees to indemnify, VO
defend, and hold harmless Arcadia, Sierra Madre, and Board and any of its
officers and employees from and against any claims, demands, liability,
damage, costs and expenses, including, without limitation attorney fees and
costs of litigation involving bodily injury, death or personal injury of any person
or property damage of any nature whatsoever, arising out of (i) a breach of
the District's obligations under this Agreement, or (ii) any act or omission or
willful misconduct of the District or its officers, agents, employees, design
engineering /geotechnical firms /construction contractors, or any of their
contractors or sub - contractors, in any way relating to the District's
performance or non - performance of any obligation of the District under this
Agreement. This indemnification shall apply except in the event that the initial
claims or demands allege that Arcadia or Sierra Madre or Board was solely
negligent or engaged in willful misconduct.
7. In addition to performing the work, the District shall be responsible for making
payments to any contractor it employs in association with the completion of
the Project.
8. Sierra Madre shall reimburse the District a total of $900,938 In accordance
with the attached payment schedule. The $900,938 shall be paid solely for
reimbursement of expenses of construction activities performed by the District
and its contractors and subcontractors, as stated above, for the construction
of the Project inclusive of all contract and construction management, and
quality assurance activities by the District and its contractors.
9. Arcadia shall pay the District a total of $864,126 in accordance with the
attached payment schedule to be used for the construction of the Project.
The $864,126 shall be used solely for construction activities performed by the
District and its contractors and subcontractors, as stated above, for the
construction of the Project inclusive of all contract and construction
management, and quality assurance activities by the District and its
contractors.
10. Board shall pay the District a total of $234,936 in accordance with the
attached payment schedule to be used for the construction of the Project.
The $234,936 shall be used solely for construction activities performed by the
District and its contractors and subcontractors, as stated above, for the
construction of the Project inclusive of all contract and construction
management, and quality assurance activities by the District and its
contractors.
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TERMINATION
This agreement shall be effective on the later date it is executed by all parties and shall
terminate upon the last date of the completion of the construction of the Project and
upon all payments /reimbursements.
AMENDMENTS
Following the execution of the Agreement, any Party may request a modification to this
Agreement which the requesting Party believes is necessary due to unforeseen
changed circumstances. No modification or amendment of this Agreement shall be
valid unless said modification is in writing and is executed by all Parties to this
Agreement.
ASSIGNMENTS
No Party to this Agreement shall either voluntarily or by the operation of law, assign, or
transfer its right, nor delegate its duties to any other party without first obtaining the
written consent of the other Parties to this Agreement. Such consent shall not be
unreasonably withheld. No assignment hereto shall operate to discharge a Party to this
Agreement of any duty or obligation hereunder without the written consent of the other
Parties.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed.
CITY OF ARCADIA
City Manager
Date
APPROVED AS TO FORM:
CITY OF SIERRA MADRE
City Manager
Date
APPROVED AS TO FORM:
City Attorney City Attorney
LOS ANGELES COUNTY RAYMOND
FLOOD CONTROL DISTRICT BOARD
Gail Farber Board Director
Director of Public Works
Date Date
APPROVED AS TO FORM:
County Counsel
BASIN MANAGEMENT
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SANTA ANITA STORM WATER FLOOD MANAGEMENT & SEISMIC
STRENGTHENING PROJECT
ATTACHMENT B