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HomeMy WebLinkAbout08-30_OakGlenOperationalPlan-20140902OAK GLEN CREEK BASINS OPERATIONAL PLAN 10/15/09 An Agreement (County Contract No. 08-30) among the Yucaipa Valley Water District (YVWD), the San Bernardino County Flood Control District (SBCFCD), and the City of Yucaipa (CITY), the Parties, was effected January 8, 2008 providing for the design, construction, operation and maintenance of the Oak Glen Creek Basins Project. This Agreement set forth a cooperative arrangement for the purpose of providing enhanced flood control capabilities, passive recreational opportunities, habitat replacement and mitigation, and groundwater recharge for the benefit of the Yucaipa community. Agreement, Section V., "Maintenance and Ongoing Operations," Subsection 14 "Coordination of Field Operations," required the preparation and approval by the parties of an operational plan for the Project prior to completion of construction. This operational plan is not intended to alter any conditions of the Agreement, but to enhance and further define the roles and responsibilities of the parties in the long term and ongoing operation and maintenance of the facilities constructed by the Project, including the costs to the individual parties in carrying out their respective roles and responsibilities. Some of the provisions of the Agreement are reiterated in this plan. Should any conflict arise between the provisions of this operational plan and the agreement provisions, the Agreement provisions shall take precedence. This operational plan will become effective upon the approval and execution by an appropriately designated representative of each of the parties to the Agreement. At such time, the SBCFCD will take over the improvements constructed by the Project with the exception of the specific portions of the facilities described in this plan. The constructed improvements are shown on the Record Drawings for the Oak Glen Creek Basins entitled "Grading, Storm Drain, Landscape and Irrigation Plans," Drawing Nos. CO.01 through C1.15, Sheets 1 through 20 of 34 and "Landscape Improvement Plans," Drawing Nos. LC.01 through LD.02, Sheets 1 through 13 of 13. These constructed improvements are further identified on Exhibit "A". This plan includes definition in the following areas: I. Maintenance and Ongoing Operations ■ Maintenance of basins. • Maintenance of recreational amenities. • Maintenance of landscaping and irrigation system. • Maintenance of educational signage. • Groundwater recharge of supplemental waters. • Agency coordination of maintenance activities. • Damages to facilities. • Future modifications to facilities and encroachments. • Excess earth material and rock II. Monitoring • Water recharge — Supplemental water and native storm water. • Rainfall, stream flow and water levels. • Sediment deposition and removal. • Water quality. • Habitat establishment. III. Inspection of Facilities 1 Reporting IV. Costs V. Resolution of Conflicts VI. Notices VII. Plan Amendments I. Maintenance and Ongoing Operations 1. Basin Maintenance a. SBCFCD will operate and maintain the Basin improvements with the exception of those items listed in the following sections: Maintenance of Recreational Amenities; Maintenance of Landscaping and Irrigation Systems; Maintenance of Educational Signage; and Ground Water Recharge of Supplemental Waters. b. Maintenance activities will include activities normally required to operate and maintain flood control facilities, but not limited to, the following: sedimentation removal, maintenance and repair of basin slopes and bottoms, levees, access roads including pipe gates, grouted and un-grouted rock, soil cement, culverts and conduits, headwalls, catwalks, water control gates, down drains, chain link fencing, and slough walls; weed abatement; vector control; pest management; debris removal; trash removal from basin; graffiti removal from basin; and installation of warning or regulatory signage. c. SBCFCD will obtain any necessary approvals, permits, and/or agreements from agencies, other than the Parties to the subject Agreement that may be needed to carry out any of its maintenance activities. d. SBCFCD will be responsible for all costs associated with its maintenance activities under this section. e. The SBCFCD will maintain these basins as a part of group of flood control basins already in its system. Specific emergency or regular maintenance work shall be prioritized among similar work in the other basins in the system and scheduled and performed accordingly at the discretion of SBCFCD. If the basin still functions as intended for flood control purposes and does not present significant danger to life and property, then the District does not consider the situation an emergency. 2 f. The CITY will operate and maintain Storm Drain Lines "H" and "I" and will be responsible for all costs associated with the operation and maintenance of the line. g. Storm Drain Lines "C", "D", and "F" and appurtenances, including water control gates, headwalls, and catwalks, will be utilized for both flood control and ground water recharge purposes. The costs associated with the operation and maintenance of these storm drain lines will be shared by SBCFCD and YVWD on a pro rata basis according to the level of use as determined jointly by SBCFCD and YVWD. 2. Maintenance of Recreational Amenities a. CITY will operate and maintain those recreational amenities constructed with the Basin improvements including the following: recreational trails; trails fencing; trails signage; paved parking lot; rest areas nos. 1,2, and 3; seat wall; equestrian hitching posts and the removal of litter and graffiti resulting from trails usage. b. The recreational trails include (a) 10-foot wide trails intended for trails use only and (b) joint use of maintenance access roads. The 10-foot wide trails are shown on the construction plans. One of these trails is located on the downstream face of Basin No 2 levee and along the northerly side of the project between the levees for Basin No. 2 and Basin No. 3. The other 10-foot wide trail provides access to Rest Area No. 3, southeast of Basin No. 3. c. The maintenance access roads around the perimeter of Basin No. 1, along the southerly side of Basin No. 2, and along the southerly, easterly and northerly sides of Basin No. 3 and also the maintenance road extending north and east from Basin No. 3 to Fremont Street will also be used as recreational trails. The CITY may, if necessary, provide maintenance for trail purposes on these access roads in addition to maintenance that may be performed by SBCFCD during its Basin maintenance activities. d. City will maintain the drain located at the southwest corner of the paved parking lot consisting of an 8-in diameter p.v.c. drain line, and an 18-in by 18-in grated inlet and a grouted stone outlet splash pad. e. CITY may limit or reroute trails use to allow for maintenance activities by any of the Parties. f. CITY will be responsible for limiting or prohibiting trails use during storm periods. g. CITY will obtain any necessary approvals, permits, and/or agreements from agencies, other than the Parties to the Agreement that may be needed to carry out any of its maintenance activities under this section. h. CITY will be responsible for all costs associated with its maintenance activities. 3. Maintenance of Landscaping and Irrigation Systems a. CITY will operate and maintain the landscaping and irrigation systems constructed or installed with the Basin improvements as shown on the "Landscape Improvement Plans" including the following: irrigation system; trees, shrubs, and groundcovers; and both irrigated and non -irrigated hydro -seed. The City will perform this maintenance with its own staff or may contract with a landscape contractor to perform the maintenance. b. CITY will obtain any necessary approvals, permits, and/or agreements from agencies, other than the Parties to the Agreement that may be needed to carry out any of its maintenance activities. c. CITY will be responsible for all costs associated with its maintenance activities under this section. 4. Maintenance of Educational Signage a. CITY will operate and maintain educational signage and/or kiosks, constructed or installed with the Basin improvements. b. CITY will be responsible for all costs associated with its maintenance activities under this section. c. CITY may from time to time desire to revise or upgrade signs or to provide additional educational signs. d. SBCFCD and/or YVWD may provide additional educational signage at their individual respective costs. 5. Ground Water Recharge of Supplemental Waters The YVWD's primary goal is to maximize the capture and recharge of storm and supplemental water. The primary goal of the SBCFCD is to provide flood protection. The recharge interests of the YVWD are sometimes in conflict with the flood control function of the recharge basins. The plan of operation described herein recognizes the difference between recharge and flood control and provides for the restoration of the flood control function of the basins prior to significant storm events. In general, for the purposes of recharge basin operation, a significant storm event is defined as having intensities of more than 0.3 inches per hour or more than 2.0 inches per 24 hours per the National Weather Service Forecast. a. YVWD will own, operate and maintain systems and appurtenances constructed within the Basin improvements that are necessary to deliver Supplemental Water directly to Basins Nos. 2 and 3 including the following: Storm Drain Line "A," consisting of a 42 inch diameter reinforced concrete pipe and outlet structure in Basin No. 3; and Water Pipe Line "G," consisting of a 24 inch diameter reinforced concrete pipe, two water control boxes, and four water control gates delivering water to Basins Nos. 2 and 3. These facilities are shown on the attached Exhibit "A" and on project plans, Drawing Nos. C1.05 and C1.07. b. YVWD will, prior to planned delivery of Supplemental Water to the Basins, obtain all necessary approvals, permits, and agreements that may be required by other agencies, other than the Parties to the agreement, and shall be in full compliance with the terms and conditions of same. 4 c. YVWD will not be restricted at any time from the emergency use of overflow facilities related to the operation and maintenance of the. Yucaipa Valley Regional Water Filtration Facility, or in the emergency delivery of overflows to the Basins through Storm Drain Line "A" and/or Water Pipe Line "G." d. YVWD may operate the 36" water control sluice gates located within Basins No. 1, No. 2, and No.3 on respective Storm Drain Lines "C","D", and "F", and also the stop logs located at the entrance to the 11 ft X 11 ft reinforced concrete box culvert, RCB, in Basin No. 3 to facilitate ground water recharge operations. e. YVWD will be responsible for operation and maintenance of those portions of the Basins that may be adversely affected by recharge or necessary to provide for efficient recharge including those areas in contact with recharge water, but not limited to, basin bottoms, basin side slopes, culverts, conduits, water control sluice gates, stop logs and spillage ways. In addition to damages to the Basin facilities, other examples of adverse affects may include additional vegetal growth requiring removal, the need for additional vector or pest control, and the need to remove debris or sediment from basin floors to improve percolation. f. YVWD will be responsible for all costs associated with its maintenance activities under the section. g. Basin operation for purpose of groundwater recharge will consist of three operating modes. These will be Conservation Mode, Storm Preparation Mode, and Storm Mode, which are described as follows: i. Conservation Mode. During Conservation Mode, the basins are operated to recharge of supplemental water and/or storm water. The maximum volume of supplemental water that can be stored in the basins is equal to the estimated volume of water that can be reasonably recharged or discharged over a 5-day period. This maximum volume may be adjusted from time to time with the concurrence of the Parties. During Conservation Mode, YVWD will perform inspections and operate the basins. YVWD will perform regular inspections and patrols to verify no people or animals are entering the water. ii. Storm Preparation Mode. Storm Preparation Mode represents the transition period necessary to prepare the basins for Storm Mode. Storm Preparation Mode begins when the YVWD and SBCFCD determines that a storm has been forecasted of relative strength and severity whereby the Conservation Mode operations would impact the flood control capability of the basins. The 7-day area forecast is obtained from the website of the National Weather Service Forecast Office in San Diego, CA (www.wrh.noaa. ov�tal forecast) and will be monitored by all Parties. Upon a determination, the YVWD will cease all supplemental water deliveries to the basins five days prior to the predicted storm event. Forty-eight hours prior to the predicted storm event, the YVWD and SBCFCD will coordinate to take steps necessary to prepare the basins for the anticipated strength and severity of the predicted storm event(s). 5 Such steps may include the need to open the outlet gates at the basins to drain them and fully restore their flood capacity. The SBCFCD will notify the YVWD when the significant storm forecast is withdrawn and thus allow the YVWD to return to Conservation Mode. The return to Conservation Mode may also be conditioned on the available storage in the basins and the prospect of additional storm activity. iii. Storm Mode: Storm Mode commences with the initiation of significant rainfall and continues until the SBCFCD has determined, at its discretion, that it is appropriate to return to one of the other three Modes listed in this section. During significant storms, the SBCFCD will, in accordance with its Emergency Operations Manual, establish varying phases of activity. 6. Agency Coordination of Maintenance Activities a. No permit fees will be assessed among the Parties for maintenance activities on the Basins. b. It is in the best interest of the Parties that maintenance activities be scheduled and coordinated so that any adverse impacts to individual agency uses of the facilities are minimized. c. The Parties will meet on a quarterly basis to review and coordinate maintenance activities planned for the quarter that may result in all or portions of the Basin facilities from being utilized for their intended operational purposes and also to coordinate the discharges of Supplemental Waters into the Basins for ground water recharge. d. As the public will be utilizing the trails for walking, jogging, hiking, biking and equestrian activities, it is of high importance that maintenance activities affecting all or a portion of the trails be scheduled so the adequate rerouting or cessation of trails uses can be arranged by the CITY to accommodate the maintenance activities. e. SBCFCD will notify YVWD and CITY of pending storm or emergency activities that may affect the use of the Basin facilities. f. YVWD will provide as much advance notice as possible to SBCFCD and CITY of any possible need to discharge any unforeseen emergency overflows in excess of 20 cfs from the adjacent Filtration Facility or as soon as possible following an emergency discharge in excess of 20 cfs. g. Notice shall be provided forty-eight hours prior to initiating maintenance activities by any of the parties to the other parties. h. A coordination meeting will be scheduled by the CITY with the YVWD and SBCFCD annually to confirm primary contact information, share anticipated operational plans, distribute reporting information as required by section II.6.a, and conduct an inspection of facilities pursuant to Section III.l.b. 3 7_ Damages to Facilities a. Under no circumstances shall the use of the Project facilities by any PARTY result in damage or degradation to the Project facilities owned by the other PARTIES hereto. Joint periodic inspections by the PARTIES to this agreement shall be made if one or more of the PARTIES report the Project facilities have received damage or are experiencing degradation. The purpose of the joint inspection will be to agree upon whether the work performed under this Agreement has caused the damage or degradation to the Project facilities and to agree upon the corrective action needed to repair the damage or degradation. Once agreement has been reached, documentation shall be prepared identifying the damage or degradation and the responsible PARTY, along with the agreed corrective action. The responsible PARTY shall pay all costs for the corrective action. During the Rainy Season, should the SBCFCD discover that its Project facilities have been damaged and require emergency corrective repair work in order to safely capture and detain storm water runoff, SBCFCD will document the cause and extent of damage (e.g., through the use of photos, reports, field surveys etc.) and shall proceed to make the necessary emergency corrective repairs. As soon as practicable following the discovery that such Facilities require emergency corrective work, SBCFCD shall inform YVWD or the CITY for the costs associated therewith. The SBCFCD will not be responsible for replacing landscaping and/or trail facilities if they are damaged during emergency maintenance activities, but will protect these to the greatest extent practicable during these activities. 8. Future Modifications to Facilities and Encroachments a. Where YVWD or the CITY desires to provide subsequent reasonable improvements within SBCFCD Facilities, they shall submit plans, specifications and other items required for permit application for SBCFCD review and approval. The approving PARTY thereafter agrees to review such improvements and to issue any necessary permits or provide reason for denial in an expeditious manner, and YVWD or the CITY agrees to assume all costs in connection therewith. With the SBCFCD's concurrence, YVWD may contract with any other public or private entity or entities to provide such improvements. Whenever YVWD or the CITY contracts with others to perform work within SBCFCD owned lands, they shall ensure that the contractors comply with the terms and conditions of this Agreement and any relevant permits including permits issued by SBCFCD prior to and during entry upon such lands. b. The PARTIES hereto shall not authorize or permit encroachment by others upon the Project lands owned by the other PARTIES except for the public use of the passive recreational opportunities identified within this Agreement or unless agreed upon by each PARTY. 7 9. Excess Soil and Rock Material a. Upon completion of the construction of the initial Basins improvement project, approximately 25,000 cubic yards of excess soil remained within Basin No. 2 and will require removal to complete the construction of the Basin per the approved improvement plans. This excess soil is delineated on the attached copy of construction record drawing C 1.02. The CITY will arrange for the removal of this material to the lines and grades shown on the plans by hauling and incorporating the soil as fill in an upcoming project to improve the Pendleton Road crossing of Oak Glen Creek located approximately one-half mile easterly of the Basins project. This removal work will be accomplished on or before June 30, 2011. b. Excess soil and rock material generated during the excavation of the Basins project remains in four stockpile areas within and upstream of Basin No. 3 and will remain for use by the CITY and/or SBCFCD. These stockpile areas are delineated on the attached copy of construction record drawing C1.03. The CITY is responsible for the ultimate removal of this rock material, which will be removed on or before June 30, 2011, if not removed sooner by the CITY and/or SBCFCD. II. Monitoring and Measurement 1. Groundwater Recharge and Water Levels a. YVWD will be responsible for the accounting of all Supplemental Water recharged at the Project, and will provide that information to all PARTIES on an annual basis. b. YVWD will maintain a sonic water meter to record the amount of Supplemental Water recharged to the Basins. The meter will be located in a manhole at the free surface structure on the Yucaipa Valley Regional Water Filtration Facility property. 2. Rainfall and Stream Flow SBCFCD currently operates and maintains an ALERT (Automated Local Evaluation in Real Time) data acquisition system. On site sensors, when installed, will monitor both rainfall and water levels in the basins. The data will be recorded and stored in a database, and made available for use on the internet. Data is pushed up to the internet in approximately 15 to 30 minutes intervals after acquisition. 3. Sediment Deposition and Removal a. SBCFCD will track quantities of material removed from the Basins during their maintenance operations and will report removal quantities to YVWD and to the City at the conclusion of each fiscal year. b. SBCFCD will include the Basins in its annual inventory of basins by aerial photography which shall be made available to the parties upon request.. 8 c. YVWD, with District approval, may remove sediment from the Basins to facilitate water recharge. YVWD will measure and track quantities of material removed from the Basins during its maintenance operations and report the removal quantities to the CITY and to SBCFCD at the conclusion of each calendar year. d. CITY will provide appropriate haul routes and traffic control requirements for soil material trucked out of the Basins. 4. Water Quality (Surface and Groundwater) a. CITY will sample water pursuant to the National Pollutant Discharge Elimination System (NPDES) storm water program. First flush samples will be taken during storm events at the following two locations: (1) At Pendleton Street (located upstream of Basin project and (2) at the downstream end of a box culvert passing underneath Bryant Street. Samples will be tested for suspended solids, inorganics, nitrates, pesticides, and ph. b. YVWD will sample supplemental water discharged by YVWD into the basins for total dissolved solids and other Maximum Benefit monitoring requirements as required by the Regional Water Quality Control Board. Water ,samples will be tested consistent with water quality permits obtained by YVWD. c. YVWD will sample and test water wells located downstream or westerly of the Basin project and more specifically identified as Well No. 44 (located at 11402 Bryant) and Well No. 46 (located at 11611 Second Street) as part of YVWD's normal well measurement activities. 5. Habitat Establishment a. CITY will monitor and assess progress of establishment of landscaping and revegetation. b. CITY will replace, supplement and/or modify landscaping and vegetation as necessary to promote and assure establishment. 6. Annual Summary of Monitoring and Measurement a. CITY will prepare an annual (calendar year) summary of the monitoring and measurement data gathered by each Party and will provide each Party a copy of the summary by February 1" of the following year. III. Inspection of Facilities / Meetings 1. Individual Inspection a. Each Party will perform periodic inspections of their respective responsible portions of the Basin facilities at least on an annual basis and shall record notes of their inspections. b. The Parties will jointly meet quarterly and, if necessary, the Parties can meet jointly to inspect any field condition that may require such inspection. E IV, Cost Tracking and Invoicing 1. The Parties to the Agreement shall track annual costs of performing maintenance and operations activities on the Basins project each fiscal year, July lst through June 30"'. 2. The annual costs shall be provided to the other Parties prior to September 30th of each fiscal year. 3. As stated in earlier sections of this plan, each Parry is responsible for the costs associated with their respective maintenance and operations activities. However, there may be instances where one of the Parties performs maintenance work that should be shared with one or more of the other Parties. In these instances, the Party incurring the maintenance costs should prepare a billing invoice with adequate backup justification for the shared costs, including data that would support the cost share amounts between or among the Parties. V. Resolution of Conflict 3 . The Parties intend to operate and maintain the Basin project in a spirit of mutual cooperation. Should conflict arise on any matter, the Parties will meet and confer as necessary to work out a mutually agreeable solution to the conflict. VI. Notices All notices, approvals, consents or other documents required or permitted under this Agreement shall be in writing and, except as otherwise provided herein, shall be effective upon personal delivery or three days after deposit in the United States mail, certified, with first class postage fully prepaid, addressed as follows: San Bernardino County Flood Control District 825 East Third Street San Bernardino, CA 92415-0835 Yucaipa Valley Water District 12770 2nd Street Yucaipa, CA 92399 City of Yucaipa 34272 Yucaipa Boulevard Yucaipa, CA 92399 2. Each of the Parties shall provide one or more contact names, phone numbers and e-mail addresses for maintenance and emergency activities. VII. Plan Amendments 10 1. All modifications, additions or amendments to this Plan shall be in writing and agreed upon by the Parties. IN WITNESS WHEREOF, the Parties acknowledge the terms of this Operational Plan for the Oak Glen Creek Basins effective with the date of the last signatory. 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