Loading...
HomeMy WebLinkAbout2001-09-10 City Council (6)TO: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS 8 DATE: SUBJECT: SEPTEMBER 10, 2001 CMR:352:01 RECOMMENDATION TO SUPPORT THE IMPLEMENTATION OF SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY’S LEVEE RESTORATION PROJECT RECOMMENDATION Staff recommends that Council direct Council member Mossar, the City’s representative ~o the San Francisquito Creek Joint Powers Authority (JPA) Board of Directors, to support the irn?iementation of the JPA’s levee restoration project by voting for JPA approval of the attached resolution. BACKGROUND In March 2000, the San Francisquito Creek Joint Powers Authority (JPA) Board of Directors approved a project to restore the creek levees downstream of Highway 101 to their as-built (year 1958) conditions, in order to provide an increased level of flood protection for adjacent residents and businesses. In June 2000, Council approved project funding of $150,000 as part of the FY 2000-01 City budget. The JPA identified restoration of the levees as a short-term project that could provide tangible flood protection benefits while a larger, long-term flood control project is being developed and implemented. The project was originally conceived as a relatively simple maintenance project, consisting of placement of earth fill material atop the existing levees to restore their original design elevation. As design work and the preparation of environmental documents proceeded, however, several new issues were identified making the levee project more complex and more costly. Staff provided Council with an update on the status of the levee project at the April 23, 2001 Council meeting (CMR:207:01). The primary issues addressed by staff included upstream mitigation measures, right-of-way requirements, increased project costs, and the unresolved status of project funding. The levee restoration project was discussed at the May 24, 2001 meeting of the JPA Board of Directors. The Board voted to direct member agency staff to study a compromise project alternative that would minimize costs as much as feasible, while still achieving the original project goals and satisfying the competing interests of the member agencies. At the July 23, 2001 JPA meeting, the Board agreed on the scope of the levee project and a process for completirig the project design, obtaining regulatory permits and environmental approvals, and constructing the CMR:352:01 Page 1 of 4 improvements. The approved process included assignment of responsibility to individual JPA member agencies for specific tasks. The key components of the project scope and the implementation process are discussed below. DISCUSSION Approval of a resolution (Attachment B) formally documenting the agreement reached at the July 23 J-PA Board meeting has been agendized for the September 27, 2001 meeting of the Board. The resolution addresses the scope of the levee project, roles and responsibilities of the JPA member agencies, and the role of the J-PA Executive Director as coordinator and facilitator. The attached resolution contains the following scope of work for the levee restoration project: Restoration of the levees downstream of Highway 101 on both sides of the creek to their as-built (year 1958) elevation. Raising or replacement of the flood wall upstream of Highway 101 on the south (Palo Alto) side of the creek for a distance of approximately 1800 feet. The flood wall will be raised by an amount that will restore the level of flood protection that existed prioz to the construction of the Woodland Creek Apartments project. Closure of the overflow weir and the "Caltrans gap" in the levee upstream of Highway 101 on the north (East Palo Alto) side of the creek. These modifications will provide a level of flood protection on the north side of the creek that is satisfactory to the City of East Palo Alto and the San Mateo County Flood Control District. I’he attached resolution contains the following implementation process for the levee restoration project: The Santa Clara Valley Water District (SCVWD) and the San Mateo County Flood Control District (SMCFCD) agree to share responsibility for funding the local cost share of a future US Army Corps of Engineers feasibility study of long-term flood control options for San Francisquito Creek. The JPA will serve as the local sponsor for the feasibility study. San Mateo County or the City of East Palo Alto (to be decided prior to the September JPA Board meeting) will become lead agency for adoption of the CEQA document for the levee restoration project. The final design, bidding, and construction of the levee restoration project will be split into two separate, but concurrent and coordinated projects. The SCVWD will be responsible for the work on the south side of the creek, and the SMCFCD will be CMR:352:01 Page 2 of 4 responsible for the north side. The JPA Executive Director will organize and conduct meetings and communications to ensure project coordination. Construction may begin as early as 2002, assuming that environmental clearances and regulatory permits are obtained. Each flood control agency (SCVWD and SMCFCD) will be responsible for monitoring costs and obtaining funding for the work within its jurisdiction, including obtaining contributions (if any) from the cities on their side of the creek. SCVWD staff has indicated that they will recommend to the SCVWD Board that the District fully fund the cost of the work on the south side of the creek beyond Palo Alto’s existing commitment of $150,000. []The SMCFCD and the City of East Palo Alto will reach agreement on future maintenance responsibility for downstream levees on the north side of the creek. Staff (as well as stafffrom other JPA member agencies) believe that the levee restoration project and the implementation process outlined in the attached resolution are an effective and equitable means of providing flood control for the lower reaches of San Francisquito Creek. RESOURCE IMPACT The levee restoration project was originally estimated to cost $750,000 (including $100,000 for replacement of the pedestrian/bicycle path). In May 2000, the JPA Board approved a cost-sharing plan for the levee project (subject to the approval of the ruling councils/boards of the JPA member agencies) wherein the Santa Clara Valley Water District and the San Mateo County Flood Control District would each contribute $250,000, the Cities of East Palo Alto and Menlo Park would each contribute $50,000, and the City of Palo Alto would contribute $150,000 ($50,000 + $100,000 for replacement of the existing pedestrian!bicycle path atop the levee) towards the cost of the project. In June 2000, Council approved project funding of $150,000 as part of the FY 2000-01 City budget. Although the estimated, cost of the levee restoration has increased to approximately $2.7 million due to the increased scope and complexity of the work, staff advocates the position that the City would not be responsible for project funding beyond its existing commitment of$150,000. Final resolution of this issue will be reached after the SCVWD Board reviews District staff’s recommendation for District funding of the work on the south side of the creek. POLICY IMPLICATIONS This recommendation does not represent any change to existing City policy. CMR:352:01 Page 3 of 4 TIMELINE The JPA Board of Directors is scheduled to adopt the attached resolution at its September 27, 2001 meeting. The current schedule is to start construction of the levee improvements in the spring of 2002, dependent upon the timing of environmental and permit approvals. ENVIRONMENTAL REVIEW An Initial Study of environmental impacts will be being prepared for the project by the designated lead agency (either San Mateo County or the City of East Palo Alto). The results of this study will be published and a public hearing will be conducted at a future meeting of the lead agency’s governing body. An environmental document for the project will be evaluated and adopted by the lead agency’s governing body. A’I’TACHMENTS Attachment A: CMR:207:01 .Attachment B: Resolution PREPARED BY: DEPARTMENT HEAD: CITY MANAGER APPROVAL: JOE TERESI Senior Engineer GLENN S. ROBERTS Director of Public Works EMILY HARRISON Assistant City Manager Cynthia D’Agosta, SF Creek JPA Jennie Micko, Santa Clara Valley Water District Pat Showalter, San Francisquito Watershed Council Jeffrey Shore, Duveneck!Saint Francis Neighborhood Association Terry Trumbull, Crescent Park Neighborhood Association Janet Lew, Creek Action Committee CMR:352:01 Page 4 of 4 ff.~/~;:-~. ~-~,ATTACHMENt[ A. of Palo Alto Manager’s Report TO: 1HONORABLE CITY COUNCIL FROM: ¯CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE: SUBJECT: APRIL 23, 2001 STATUS UPDATE ON SAN FRA~CISQUITO POWERS~ AUTHORITY’S PROPOSED LEVEE PROJECT CMR: 207:01 CREEK JOINT RESTORATION This report is provided as background information for the Council study session. No action is required. Staff will return to Council in approximately one month with a recommendation on the levee restoration project. BACKGROUND In March 2000, the San Francisquito Creek Joint Powers Authority (JPA) Board of Directors approved a project to restore the creek levees downstream of Highway 101 to their as-built (year 1958) conditions, in order to provide an increased level of flood protection for adjacent residents and businesses. The JPA identified restoration of the levees as a short-term project that could provide some tangible flood protection benefits while a larger long-term flood control project is being developed and implemented. The project was Originally conceived as a relatively simple maintenance project. Earth fill material would be added to the existing levees to restore the original design elevation. As design work and the preparation of environmental documents proceeded, several new issues have been identified making the-levee project more complex and more costly. The YPA Board of Directors is approaching a decision point on whether to proceed with construction of a larger project. DISCUSSION Since Council approval of project funding in June 2000, several issues have arisen that have necessitated changes to the scope and cost of the levee restoration project. The JPA Board has begun to discuss the nature and the repercussions of these changes, and staff recommends that Council reexamine the project in order to assess whether or not the City should continue to support it. The primary changes include upstream mitigation measures, right-of-way requirements, and increased project costs. Upstream Mitigation Measures When the levee restoration project was first proposed, it was considered to be a relatively simple maintenance project with negligible environmental impacts. It has now been CMR:207:01 Page 1 of 4 determined that restoration of the levees downstream of Highway 101 will cause water levels to increase by UP to 0.7 feet upstream of Highway 101 during a 1 percent (100- year) storm event (see Attachment A). Staff believes that this unintended impact must be mitigated as part of the project so that there is no net loss in flood protection for adjacent residents. The mitigation entails the raising and/or replacement of the existing floodwall on the Palo Alto side of the creek and the construction of a wall or berm on the East Palo Alto side. Staff recommends that the flood wall modifications be designed to also mitigate the earlier impacts of the Woodland Creek Apartments project. Using this approach, the wall modifications would extend for a distance of approximately 1800 feet upstream of Highway 101, to a point where the combined impacts of the levee restoration and the Woodland Creek Apartments on the creek water level would diminish to 0.2 feet or less. A conceptual design of improvements upstream of I-Iighway 101 on .the East Palo Alto side of the creek is still a work in progress at this point. While staff recommends the continuation of design development activities for the levee project, a decision on whether Palo Alto should-support final design and construction of the project should be postponed until additional design information is available. Right-of-Way Requirements Construction of new or modified flood walls upstream of Highway 101 will require new or expanded easements from .adjacent property owners. The Santa Clara Valley Water District (District) has easements for the properties on the Palo Alto side of the creek, but they are too narrow to accommodate the required construction equipment. The District will negotiate with individual property owners to acquire the. additional easement areas, both for the construction activity and for tong-term maintenance. During construction, it is likely that rear property fences and some existing vegetation may have to be removed in order to accommodate the Work. Following completion of the work, fences will be restored (though they may be set back from existing fence locations as necessary to accommodate maintenance activities) and new vegetation will be planted. In at least one instance, a Palo Alto property owner has improperly constructed improvements within the District’s existing easement. The owner will be asked to remove these encroachments at his own cost. The District will need the support of the City in seeking expanded easements from property owners. Although the levee restoration project has grown in complexity and cost, staff continues to support its development. The project will provide increased flood protection for Palo Alto residents and businesses adjacent to the improvements. Downstream of Highway 10.1, Palo Alto levees will be raised an average of 1.4 feet and a maximum of 2.6 feet. Under current conditions, flooding occurs at the Palo Alto golf course at a flow rate of approximately 3,600 cubic feet per second (cfs). With the levee improvements completed, capacity increases to approximately 5,900 cfs downstream of Highway 101. (6,000 cfs is the projected flow rate in this reach of the creek during a 1 percent (100- year) storm event). The levee project would provide a significant increase in the level of flood protection for the golf course, airport, athletic center and commercial properties east of Highway 101. The project would restore the level of flood protection upstream of CMR:207:01 Page 2 of 4 Highway 101 to the level that existed prior to the construction of the Woodland Creek Apartments. The factor of safety would actually be higher since much of the "temporary" sacked concrete wall in this reach would be replaced with a stronger reinforced concrete wall. Furthermore, because any floodwaters that leave the creek flow away from the creek towards areas at lower elevations, the flood p~otection benefits of the project actually extend to a large area of northeastern Palo Alto. RESOURCE IMPACT The levee restoration project was originally estimated to cost $750,000 (including $100,000 for replacement of the pedestrian/bicycle path). In May 2000, the JPA Board approved a cost-sharing plan for the levee project (subject to the approval of the ruling councils/boards of the JPA member agencies) wherein the Santa Clara Valley Water District and the San Mateo County Flood Control District would each contribute $250,000, the cities of-East Palo Alto and Menlo Park would each contribute $50,000, and the City of Palo Alto would contribute $150,000 ($50,000 + $100,000 for replacement of the existing pedestrian/bicycle path atop. the levee) towards the cost of the project. In June 2000, Council approved project funding of $i50,000 as part of the FY 2000-01 City budget. The estimated project cost has escalated substantially for several reasons, including the following: More extensive environmental and er~gineering analyses have been required in order to identify (and avoid where possibl~) the potential environmental and flood impacts of the project and to devise mitigation measures where needed. More costly levee construction techniques have.been recommended for use in certain areas in order to avoid disruption of sensitive vegetation and habitat that currently exists along the sides of the levees. Additional fimding will be required to raise or replace flood walls upstream of Highway 101 as mitigation for the downstream levee restoration. Additional fimding will be required for acquisition of construction and maintenance easements for the upstream wall modifications. Costs could increase to as much as $2.5 million for the revised levee restoration project. A new plan to allocate project costs to individual JPA member agencies has not yet been developed. Staff recommends that Palo Alto’s existing commitment of $150,000 should not be increased, since the Santa Clara Valley Water District (District) has primary responsibility for flood control in Santa Clara County. The District has funding earmarked for San Francisquito Creek in its Measure B spending package, which was approved by County voters in November 2000 at least partly due to strong support from Palo Altans. POLICY IMPLICATIONS This recommendation does not represent any change to existing City process. CMR:207:01 Page 3 of 4 TIMELINE The JPA’s original schedule for construction of levee improvements was the fall of 2001. Due to the more complex nature of the project, the current schedule is to start construction in the spring of 2002. The JPA Board of Directors is S’~heduled to vote on whether to proceed with the project at its May 2001 meeting.. ENVIRONMENTAL REVIEW An "Initial Study" of environmental impact .is currently being prepared for the project by the JPA. The results of this study will be published and a public hearing will be conducted-at a JPA meeting. An environmental document for the project will be evaluated and adopted by the JPA Board of Directors. ATTACHMENTS Attachment A: Hydraulic impacts Upstream of Highway 101 PREPARED BY: DEPARTMENT HEAD:~ JOE TERESI Senior Engineer Director of Public Works CITY MANAGER APPROVAL:FRANK BENEST City Manager CMR:207:01 Page 4 of 4 ATTACHMENT A o o o o oo ~0 o o ~0 ATTACHMENT BDRAFT .RESOLUTION NO. 01-7-23 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY AGREEMENT TO ACCEPT IMPLEMENTATION GUIDELINES AS DEFINED IN ATTACHMENT A OF THIS RESOLUTION FOR PROJECT #20-1, AND ACTION FOR FUTURE DEVELOPMENT OF THE LONG TERM FEASIBILITY STUDY WHEREAS, the Original Agreement (May 1999) creating the San Francisquito Creek Joint Powers Authority states as a purpose of the JPA to "coordinate management resources", and WHEREAS, the JPA on behalf of its member agencies agrees to coordinate Project #20-1 (Levee Restoration Project) according to the scope as described within Attachment A of this Resolution, and WHEREAS, the JPA Board at its July 23r~, 2001 meeting confirmed a desire by all parties to move forward with Project #20-1 and agreed to accept the project scope as defined in Attachment A of the Resolution~ and WHEREAS, the member agencies of the San Francisquito Creek JPA agreed at the July 23~ meeting to all conditions of Attachment A regarding the JPA and long term Feasibility Study, and WHEREAS, the Board finds that approval of this Resolution is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the San Francisquito Creek Joint Powers Authority hereby agrees to the implementation guidelines (steps) as defined in Attachment A of this Resolution, for Project #20-1 and action for future development of the FeasibilityStudy. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: Secretary date APPROVED AS TO FORM: Chairperson date Legal Counsel date RESOLUTION NO. 01-7-23 SFC - XPA 1 of 2 DRAFT ATTACHMENT "A" FOR RESOLUTION NO. 01-7-23 OF THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY Three Implementation Guidelines (Steps) Pro)ect #20-1, Levee Restoration steo #1. The Santa Clara Valley Water District (SCVWD) and San Mateo County Flood Control District agree to share funding of the long term Feasibility Study for the JPA (estimated $1.5 million dollars each), as a gesture of commitment to the JPA and as an obligation to their local share of the project as required by the federal government. Accept the following as project scope, administration, and construction guidelines for the levee project: ¯ San Mateo County Flood Control District or City of East Palo Alto will become lead agency for the CEQA document on the entire project, coveting both sides of the creek. (A decision on lead agency will be made prior to September 27th Board meeting). ¯Name the SCVWD as the responsible agency on the Palo Alto bank and San Mateo County Flood Control District or City of East Palo Alto as the responsible agency on the East Palo Alto bank, allowing the levee restoration work to move forward simultaneously, and in a coordinated fashion on either side of the creek, both upstream and down. All work would be done concurrently beginning in 2002 assuming that the environmental document and permits are obtained. The scope of CEQA review and project work is to include: For Palo Alto side, repairing or replacing the wall upstream and adding additional height not to exceed 1.5 feet; downstream levee restoration work to 1958 levels. For East Palo Alto side close the Cal Trans gap at an agreed upon elevation (minimum tO be provided by SCVWD), close the weir,, and conduct downstream levee restoration work to 1958 levels. ¯Each responsible agency would be answerable for costs associated with their component of the project, obtaining contributions to the project (if any) directly from agencies on their side of the creek. As a part of the ongoing project development, further evaluation of costs and recommendations will be brouglat back to this Board for review and approvals. ¯Each responsible agency would follow all policies and procedures as usual for their organization. When in the process of doing the design and environmental analysis, should staffbecome aware of information that changes the scope of the project, this information must come back to the this Eoard, through the Executive Director, for review and action. ¯Each responsible agency would make all necessary agreements with property owners to carry out the project on their side of the creek. ¯An agreement between San Mateo County Flood Control District and City of East Palo Alto will be concluded for maintenance of the levees downstream. ¯The JPA will act as coordinator and facilitator amongst member agencies to insure project implementation, organize and conduct meetings regarding project coordination of schedule and release of environmental documents. ¯The JPA Board will continue to receive regular updates on the project from each of the lead agencies and will facilitate any negotiations necessary to keep the projects running in accord and simultaneously. If applicable, the JPA may coordinate applications and approach permitting agencies. ¯The JPA will be involved in all public communications and meetings the lead agencies hold regarding the project. Agree to formalize the JPA as local sponsor for the Feasibility Study. (Action to be completed at a later date.) RESOLUTION NO. 01-7-23 SFC - JPA 2 of 2