Agenda Item Wording:
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Authorize the City Manager to execute the existing Kaweah Delta Water Conservation District “Restated Basin Agreement” for Oakes, Oakes West Expansion (Andrade), and Peoples Basins as required by the California Natural Resources Agency (CNRA) Grant Requirements and funding source.
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Deadline for Action: 6/30/2023 - to meet CNRA grant deadline
Submitting Department: Administration, CIP Engineering
Contact Name and Phone Number:
Fred Lampe, Senior Civil Engineer, Fred.Lampe@visalia.city, 713-4270
Eric Bons, Senior Civil Engineer, Eric.Bons@visalia.city, 713-4350
Frank Senteno, City Engineer, Frank.Senteno@visalia.city, 713-4331
Nick Bartsch, Public Works Director, Nick.Bartsch@visalia.city, 713-4052
Nick Mascia, Assistant City Manager, Nick.Mascia@visalia.city, 713-4323
Department Recommendation:
Staff recommends that the City Council authorize the City Manager to execute the Restated Basin Agreement for Oakes, Oakes West Expansion (Andrade Property), and Peoples Basins that was originally executed in 2006 with Kaweah Delta Water Conservation District in order to cooperate for water recharge and storm water mitigation. This reauthorization is due to the two granting agencies requesting an update to the mutual agreement for maintenance and operation in order to identify responsible parties and land ownership prior to close out of the granting funds.
Summary:
The Restated Basin Agreement is required by the grant agencies - Department of Water Resources (DWR) and California Natural Resources Agency (CNRA); that are funding the development of the Peoples Basin and the Oakes Basin Expansion. Since the last agreement in 2006 with Kaweah Delta Water Conservation District (KDWCD), land acquisition has occurred. Specifically, the City has acquired the Peoples Basin site and acquired the Andrade Property site for purposes of expanding the Oakes Basin. As a result, the maintenance and operation agreement between the City and KDWCD is being updated to reflect the City’s current ownership and responsibility. The deepening of the Goshen basin is part of the grant, however the City previously owned it and currently maintains and operates it. Therefore, the Goshen basin does not require any changes to the KDWCD agreement. The Department of Water Resources (DWR) grant requires the agreement to be completed prior to project completion. The California Natural Resources Agency (CNRA) grant requires the Restated Agreement to be completed by June 30, 2023.
Background Discussion:
The existing agreement named the Basin Agreement (Oakes and Peoples Basins) is between the City of Visalia and KDWCD. The agreement was signed November 7, 2006. The purpose of the agreement was to memorialize the shared costs between the two agencies to develop and maintain two dual purpose basins. The basins were developed to increase groundwater recharge and provide extra capacity for storm water layoff. Cost sharing, operation, and maintenance were defined in the Basin Agreement. The split has been derived by the basins ability to either provide recharge or storm water layoff. This is accomplished through the capacity calculations for each and then applied back to the KDWCD for recharge and the City for storm water layoff. The Restated Agreement will update the existing agreement.
Changes within the Agreement:
The City and KDWCD have made changes since the original 2006 basin agreement. The City purchased the Peoples Basin site and purchased the Andrade site adjacent to the Oakes site. KDWCD completed a groundwater recharge and storm water layoff basin on the Oakes site . In February 2013, the City obtained a grant from the Department of Water Resources (DWR) to develop the Peoples Basin and expand the footprint area of the current Oakes Basin. The Peoples Basin site and the expansion of the Oakes Basin onto the Andrade site are funded by the DWR grant. However, additional funds were needed to build the Oakes Basin Expansion. The California Natural Resources Agency (CNRA) is providing a grant to complete the Oakes Basin Expansion and was acquired in November 2021. Both grant agencies require that the existing basin agreement with KDWCD for the Oakes and Peoples Basins be updated to include the changes identified above made since 2006.
In summary, the changes include:
1. The City ownership of the Peoples site and the Andrade site.
2. Construction of the Oakes Basin Expansion onto the Andrade site including the installation of the inlet and outlet systems required by the grant agreements.
3. The Oakes Basin was constructed since the 2006 agreement was signed. References to the construction of the basin are removed.
4. Modifications were made to the SCADA Systems Cost.
5. Minor changes were made to Item 4 “Conveyance of License”. The Basins plans are almost complete. The new language more accurately reflects the current planned depths.
6. New Exhibits were added to include the Andrade Property (Oakes Basin Expansion).
7. A current water diversion agreement is included for reference. The City’s water diversion agreements will be updated in the future to meet current legislation concerning ground water sustainability.
The current agreement, a version with edit depicting track changes, and the restated “clean” agreement are attached.
Fiscal Impact:
The Restated Agreement does not result in the need to update the existing project budget therefore there are no fiscal impacts at this time. KDWCD will continue to operate, maintain, and repair the basins. The City will also continue to share costs for the operation, maintenance, and repair of the basins as stated in the current agreement. Since 2006, no invoices have been issued by KDWCD or the City of Visalia. City staff estimates that the City’s share of the cost to operate and maintain per the agreement for both basins could reach no more than $50,000 in any given year, but no hard costs have occurred to date. Since the Peoples Basin and the Oakes Basin Expansion are still under construction, no appropriation is needed at this time. The two-year (FY2024-25 and 2025-26) budget development will occur in the fiscal year. Staff will add operation and maintenance expenditures to that budget process. Finally, if any expenditures per this agreement do occur between now and July 1 of 2024, staff will follow all procurement procedures and necessary action to appropriate funds to pay for those expenditures per this agreement.
Separately, the City will be responsible for maintenance of the landscaping of the Peoples Basin and the Oakes Basin Expansion component installed through the grant funds
Prior Council Action:
February 06, 2023
Authorize a notice of Completion for RFB 21-22-20, Grading of Peoples Basin, (CIP 3010-72000/CP8334-999)
June 06, 2022
Authorize the City Manager to award the construction contract for RFB 21-22-47, Goshen Basin Project, to JT2 dba Todd Companies in the amount of $1,957,000
February 22, 2022
Appropriate California Natural Resource Agency (CNRA), Proposition 68 - Urban Flood Protection Grant funds and transfer Storm Sewer Deficiency (222) funds from Lower Kaweah River and Mill Creek Flood Control Project to the Oakes Basin.
December 20, 2021
Authorized the City Manager to award the construction contract for RFB 21-22-20, Grading of Peoples Basin to Wood Bros. Inc. in the amount of $865,120.
December 21, 2020
Authorized the City Manager to award the construction contract for RFB 20-21-21, Site Demolition and Clearing of the Oakes Basin in the amount of $178,760.
April 17, 2006
Authorize the City Manager to enter into agreement with KDWCD for the development and joint use of basins.
Other:
None.
Alternatives:
None.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to authorize the City Manager to execute the “Restated Basin Agreement” (Oakes, Andrade, and Peoples Basins) with Kaweah Delta Water Conservation District.
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Environmental Assessment Status:
Environmental assessment is complete. A mitigated negative declaration was completed for the CEQA document. Cultural Resources and Biological studies were done as part of CEQA compliance process. Mitigation measures are stipulated in the CEQA findings.
CEQA Review:
Initial Study and Notice of Determination (NOD) for a Mitigated Negative Declaration (MND) No 2018-76.
Attachments:
1 11/7/2006 Basin Agreement
2 Restated Basin Agreement
3 Track Changes in Word
4 April 17, 2006 Staff Report
5 Location Map