HomeMy WebLinkAbout121012-3296-Trash-Boom-Agreement-for-Adobe-and-Matadero-Creeks
City of Palo Alto (ID # 3296)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 12/10/2012
City of Palo Alto Page 1
Summary Title: Trash Boom Agreement for Adobe Creek and Matadero Creek
Title: Approval of an Agreement with the Santa Clara Valley Water District for
the Installation and Maintenance of Two Trash Booms at Creek Locations in
Palo Alto
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council approve and authorize the City Manager or his
designee to execute the attached agreement with the Santa Clara Valley Water
District (Attachment A) for the installation and maintenance of two trash booms
at two different creek locations (Adobe Creek and Matadero Creek) in Palo Alto
from the date of execution to July 1, 2022.
Background
In October 2009, the San Francisco Bay Regional Water Quality Control Board
(Water Board) issued a new regional National Pollutant Discharge Elimination
System (NPDES) storm water permit to the City of Palo Alto and 76 other Bay Area
entities for discharge of municipal storm water to local creeks and San Francisco
Bay. This Municipal Regional Permit (MRP) specifies programs and measures to be
conducted by local agencies to minimize storm water pollution through the year
2014. One of the new areas of focus in the MRP is control of trash in local
waterways. The MRP contains progressively stringent requirements for
implementation of trash control measures over the life of the permit.
The MRP requires permittees to develop and implement a Short-Term Trash Load
Reduction Plan (Short-Term Plan) that will prevent or remove trash loads from
City of Palo Alto Page 2
municipal storm drain systems in order to attain a 40% reduction in trash loads by
July 1, 2014 (measured from a 2009 baseline trash loading rate). Furthermore, the
permittees are required to develop and begin implementation of a Long-Term
Trash Load Reduction Plan to attain a 70% reduction in trash loads from their
storm drain systems by 2017 and 100% by 2022. The trash load reduction plans
are mandated to include implementation of a number of specified actions, such
as a mandatory minimum level of trash capture from storm drains, periodic
cleanup and abatement of a mandatory minimum number of designated trash hot
spots in local creeks; and implementation of other appropriate control measures
and best management practices. One such practice is installation of trash booms,
floating devices installed across a stream or water body to trap and capture trash,
which result in a credit towards trash reduction for one quarter of the catchment
area treated. In addition, the MRP explicitly requires the Santa Clara Valley Water
District (Water District) to install four trash booms.
Discussion
The Short-Term Plan that Palo Alto submitted to the Water Board incorporated
installation of litter/trash booms resulting in a 0.6% trash reduction credit. The
City and Water District entered into an agreement in April 2009 to pilot the use of
a trash capture device on Matadero Creek during the dry season. The boom was
placed upstream of Highway 101 before the creek flows into the Palo Alto Flood
Basin in the Baylands. The trash boom was successful in preventing hundreds of
pounds of trash from entering the lower portions of Matadero Creek. The 2009
pilot agreement was extended by a new agreement in July 2010, which expired in
October 2012.
The City and Water District would like to continue seasonal installation of a trash
boom at Matadero Creek and add a second boom at Adobe Creek. Both creeks
have been designated as trash hot spots for Palo Alto, and booms will assist with
clean up efforts by capturing trash before it enters the Flood Basin, where it is
difficult to remove due to limited access and the presence of entangling
vegetation. Installation of the booms will provide regulatory credit towards the
requirements of the MRP for both the City and the Water District.
The Water District will be responsible for compliance with the California
City of Palo Alto Page 3
Environmental Quality Act (CEQA) and permitting of trash boom installation and
maintenance by resource agencies. The City will purchase an additional trash
boom, prepare the new site for installation, and install and maintain both trash
booms from April through November of each year. If no rain event has occurred
by November then the booms will be allowed to remain in the creeks until
December 15 of that year to ensure that the “first flush” rainfall event is
captured.
Resource Impact
The equipment and installation cost for the new boom on Adobe Creek will be
approximately $3,000. The funds are available in the City’s FY 2013 Storm Drain
Operating Budget. The Matadero Creek boom was purchased in 2008 as per the
prior agreement with the Water District.
Policy Implications
The agreement is consistent with all City and stormwater management policies.
Environmental Review
As noted in the agreement, CEQA review and regulatory permitting are required
before trash booms may be installed or operated. The agreement requires the
Santa Clara Valley Water District, as the lead agency, to complete CEQA review for
the installation and ongoing operation of the project. Preparation, processing and
approval of all required permits for the installation and ongoing operation of the
trash booms will also be the responsibility of the Santa Clara Valley Water district
as per the agreement.
Attachments:
Attachment A - Agreement (PDF)
Attachment A:
AGREEMENT BY AND BETWEEN THE CITY OF PALO ALTO AND THE SANTA
CLARA VALLEY WATER DISTRICT FOR THE INSTALLATION AND MAINTENANCE
OF TWO TRASH BOOMS AT CREEK LOCATIONS
IN PALO ALTO
THIS AGREEMENT (hereinafter "AGREEMENT") is made and entered into as of the
date it is fully executed by and between the CITY OF PALO ALTO (CITY), a chartered
California municipal corporation, and the SANTA CLARA VALLEY WATER DISTRICT
(DISTRICT), a special district of the State of California. CITY and District may be
referred to individually as "Party" or collectively as the "Parties" or the "Parties to his
Agreement."
RECITALS
WHEREAS, the California Regional Water Quality control Board has issued Order R2-
2009;-0074, dated October 14,2009 under the San Francisco Bay Region Municipal
Regional Stormwater National Pollutant Discharge Elimination System Permit No.
CAS612008 (MRP) in which reduction of trash entering the San Francisco Bay is
required; and
WHEREAS, the CITY is required to reduce trash loads from Municipal Separate Storm
Sewer Systems (MS4s) by 40 percent by July 1, 2014; by 70% by 2017 and 100% by
2022, using a variety of strategies that include trash capture devices, with booms
resulting in a credit of % of the catchment area treated towards the trash load reduction;
and
WHEREAS, the DISTRICT is required to install 4 trash booms or 8 outfall capture
devices per requirements in the MRP and desires to install two of the required trash
booms in the CITY; and
WHEREAS, Matadero and Adobe Creeks are designated Trash Hot Spots where
responsibility for clean up is shared between the DISTRICT and CITY; and
WHEREAS, CITY and DISTRICT previously entered into agreements dated April 2009
and July 2010, both of which expired in November 2012, for a joint trash boom project
on Matadero Creek (the "Pilot Project") that successfully prevented hundreds of pounds
of trash from entering the lower portions of Matadero Creek during the dry season; and
WHEREAS, DISTRICT and CITY agree that the Pilot Project was successful and
therefore desire to jointly engage in the planning process, environmental review,
engineering, and funding of the installation and maintenance of trash booms on
Matadero and Adobe Creeks.
Agreement for Installation and Maintenance of Two Trash Booms
SCVWD/Palo Alto
November 2012
Page 1 of7
NOW THERFORE, in consideration of their mutual promises and agreements, and
subject to the terms, conditions and provisions hereinafter set forth , the Parties hereto
agree as follows:
i
AGREEMENT
1. DESCRIPTION OF PROJECT AND PROJECT SITE
1.1 PROJECT is a collaborative effort between CITY and DISTRICT to install,
maintain, and remove trash booms in order to capture trash before it
enters reaches of Matadero and Adobe Creek that have riparian
vegetation and wetland areas, where trash is difficult to remove from the
Hot Spot. The Matadero Trash Boom will be installed approximately 50
feet upstream of W. Bayshore road/Highway 101 and the Adobe Creek
Boom will be installed on the East side of East Bayshore/Highway 101
after the confluence of Barron Creek. The locations are shown in Exhibit
A, Project Location Map.
1.2 Trash booms will be installed not earlier than April 15 every year and
removed not later than November 15. However, if a first flush rain event,
defined as the runoff volume generated from the first rainfall with 0.75
inches, has not occurred by November 15 of any particular year, the
booms may remain in place until December 15 of that year.
1.3At the conclusion of the term of this AGREEMENT as stated in section 6.6
below, the Parties will review the success of the PROJECT and other
trash reducing strategies to determine whether to extend this
AGREEMENT in five-year or other appropriate increments; enter into a
new agreement; or discontinue this PROJECT.
2. SCOPE OF WORK
2.1 DISTRICT shall perform the following :
2.1 .1 Act as the lead agency and project proponent as described by the
California Environmental Quality Act (CEQA). DISTRICT is responsible
for preparation, processing, and approval of, the necessary CEQA
document. The CEQA document will be developed in accordance with
current acceptable standards for CEQA documents.
2~ 1.2 Acquire the required permits from regulatory agencies prior to
PROJECT installation. DISTRICT will provide a copy of all final permits to
CITY.
Agreement for Installation and Maintenance of Two Trash Booms
SCVWDlPalo Alto
November 2012
Page 2 of 7
2.1.3 Support installation of the trash boom by the CITY as needed,
including issuance of any needed DISTRICT permits at no cost.
2.2 CITY shall perform the followin~:
2.2.1 Reinstall the Pilot Project trash boom across Matadero Creek at the
same location utilizing the same anchor site and appurtenances.
2.2.2 Purchase an additional Elastec Inc. Optimax trash boom (or
equivalent) with a maximum skirt length of 6 inches, or equivalent boom
with prior approval of DISTRICT for the Adobe Creek site.
2.2.3 Prepare Adobe Creek site for installation of the new boom with
anchoring sites approved by DISTRICT.
2.2.4 Install and remove the trash booms in accordance with section 1.2
above.
2.2.5 Maintain the two trash booms, including repair, replacement,
removal, and quantification of trash and debris. CITY may contract with a
licensed contractor in the State of California for maintenance and trash
removal.
2.2.6 Maintain a minimum space of 6 inches at all times between the
streambed (invert) and the trash boom curtain or boom itself if no curtain
exists.
2.3 The designated project manager for DISTRICT for the duration of the
PROJECT is the Engineering Unit Manager, West and Guadalupe River
Watersheds. DISTRICT's project manager shall have all the necessary
authority to direct technical and professional work within the scope of the
AGREEMENT and shall serve as the principal point of contact with CITY.
The designated project manager for CITY for the duration of the
PROJECT is the Watershed Protection Group Manager. Except as
superseded by existing City law, rule, or practice, CITY's project manager
shall have all the necessary authority to review, approve, and accept
technical and professional work within the scope of the AGREEMENT and
shall serve as the principal point of contact with DISTRICT.
2.4 CITY and DISTRICT shall provide staff support for attending project
team meetings and reviewing and providing input regarding relevant
documents. DISTRICT shall provide expertise and opinions regarding
biological and environmental aspects of PROJECT.
Agreement for Installation and Maintenance of Two Trash Booms
SCVWD/Palo Alto
November 2012
Page 3 of7
3. COST-SHARING OF PROJECT
3.1 CITY is responsible for all co~ts associated with the purchase,
delivery, and installation and removal of the trash booms.
3.2 CITY is responsible for all costs associated with maintenance of the
trash boom including repair, and removal and quantification of trash and
debris.
3.3 DISTRICT is responsible for all costs associated with CEQA
documentation and regulatory permitting.
3.4 CITY and DISTRICT, may choose to use a contractor for any portion
of their individual work, independent of each other, and will be responsible
individually for payment of all contractors' work and administration of any
contractors' contracts.
3.5 CITY and DISTRICT will each bear its own staff costs, overhead, and
other similar expenses relating to the PROJECT.
4. REGULATORY CREDIT
4.1 DISTRICT will take credit for the MRP's Non-Population Based
Permittee Trash Hot Spot and Trash Capture Assignment (Table 10-2) for
two trash booms as well as Hot Spot clean up.
4.2 CITY will take credit for trash load reduction of % of the catchment
area treated by the booms (see MRP Glossary definition for "full trash
capture device" as well as Hot Spot clean up.
4.3 If at any time, the regulatory agencies decide not to allow dual credit
for the boom, the DISTRICT will take credit for the installation of the
booms and the CITY for the Hot Spot clean up at the site.
5. INSURANCE AND INDEMNIFICATION
5.1 In lieu of and notwithstanding -the pro rata risk allocation, which might
otherwise be imposed between the Parties pursuant to Government Code
Section 895.6, the Parties agree that all losses or liabilities incurred by a
Party shall not be shared pro rata but, instead, DISTRICT and CITY agree
that, pursuant to Government Code Section 895.4, each of the Parties
hereto shall fully indemnify and hold each of the other parties, their
officers, board members, employees, and agents, harmless from any
claim, expense or cost, damage or liability imposed for injury (as defined
Agreement for Installation and Maintenance of Two Trash Booms
SCVWD/Palo Alto
November 2012
Page 4 of7
in Government Code Section 810.8) occurring by reason of the negligent
acts or omissions or willful misconduct of the indemnifying party, its
officers, employees, or agents, under or in connection with or arising out
of any work, authority, or jurisdiction delegated to such party under this
AGREEMENT. No Party, nor any otficer, board member, or agent thereof
shall be responsible for any damage or liability occurring by reason of the
negligent acts or omissions or willful misconduct of the other party hereto,
its officers, board members, employees , or agents, under or in connection
with or arising out of any work authority or jurisdiction delegated to such
other party under this AGREEMENT.
5.2 DISTRICT and CITY shall require all contractors performing any
portion of the PROJECT to secure and maintain in full force and effect at
all times during PROJECT execution and until PROJECT completion ,
bodily injury insurance, property damage insurance, and contractual
liability worker compensation and auto coverage in forms and limits of
liability acceptable to both DISTRICT and CITY, naming DISTRICT and
CITY and their respective officers, employees , and agents as additional
insured from and against all damages and claims, loss of liability, cost or
expense arising out of or in any way connected with the PROJECT.
5.3 The rights, duties, and obligations of the Parties as set forth above in
this Section 5 of this AGREEMENT will survive termination and expiration
of this AGREEMENT
6. ADDITIONAL PROVISIONS
6.1 A Party's waiver of any term, condition , covenant, or breach of any
term , condition or covenant shall not be construed as a waiver of any
other term, condition, or covenant or breach of any other term, condition,
or covenant.
6.2 This AGREEMENT contains the entire agreement between DISTRICT
and CITY relating to PROJECT. Any prior agreements, prom ises,
negotiations, or representations not expressly set forth in this
AGREEMENT are of no force or effect.
6.3 If any term, condition or covenant of this AGREEMENT is held by a
court of competent jurisdiction to be invalid, void or unenforceable, the
remaining provisions of this AGREEMENT shall be valid and binding on
DISTRICT and CITY.
6.4 This AGREEMENT shall be governed and construed in accordance
with the laws of the State of California.
Agreement for Installation and Maintenance of Two Trash Booms
SCVWD/Palo Alto
November 2012
Page 5 of7
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6.5 This AGREEMENT may be executed in counterparts and will be
binding as executed.
6.6 The term of this AGREEMENT shall commence upon execution of the
AGREEMENT by both Parties and! expires on July 1, 2022.
6.7 All changes or extensions to this AGREEMENT must be in writing in
the form of an amendment approved by both Parties.
6.8 This AGREEMENT is entered into only for the benefit of the Parties
executing this AGREEMENT and not for the benefit of any other
individual, entity, or person.
7. TERMINATION
7.1 Either DISTRICT or CITY may, upon thirty (30) days written notice,
terminate this AGREEMENT at any time prior to CITY's commencement of
the PROJECT.
7.2 Once the PROJECT work commences, either DISTRICT or CITY may,
upon 30 days notice prior to June 30 of each year, terminate this
AGREEMENT.
8. NOTICES
8.1 All correspondence relating to the PROJECT, including all notices
required by the terms of this AGREEMENT may be delivered by first class
mail addressed to the appropriate party at the following addresses:
To DISTRICT: Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
Attn: Roger Narsim, Eng. Unit Manager, West and Guad Program
Support Unit
(408) 630 2928
rnarsim@valleywater.org
Agreement for Installation and Maintenance of Two Trash Booms
SCVWDlPalo Alto
November 2012
Page 6 of7
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City of Palo Alto Trash Boom Locations
Matadero Creek Trash Boom and Adobe I Barron Creek
Trash Boom
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, Matadero Creek Trash' Boom
Existing location with trash boom in place per agreement, , , , Matadero Creek Trash Boom
Existing location with trash boom in place per agreement.
Adobe I Barron Creek Trash
Proposed new trash boom
Adobe I Barron Creek Trash
Proposed new trash boom
Proposed New'Trash' Boom
EXHIBIT A
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Proposed Adobe I Barron Creek Trash
Boom
This new bo.om will collect upstream transported trash
and wind blown trash.
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