HomeMy WebLinkAboutItem No. 12 - Approve Stormwater Treatment Devices and Control Measure Access & Maintenance Agreement Between SBCTA for the Water Quality Management Plan (WQMP)
Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 3, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Resolution to Approve Operation and Maintenance Agreement
for Stormwater Treatment Devices
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-114, authorizing the City Manager to execute a
Stormwater Treatment Device and Control Measure Access and Maintenance
Agreement between the City of San Bernardino and the San Bernardino County
Transportation Authority (SBCTA) for the Water Quality Management Plan (WQMP).
Background
The San Bernardino County Municipal Separate Storm Sewer System (MS4) Permit
requires that post-construction Best Management Practices (BMPs) be implemented for
both private and public new development and significant redevelopment projects. To
implement this permit requirement, the area-wide MS4 program requires the completion
of a Water Quality Management Plan (WQMP) for each project to minimize the potential
adverse effects that development projects can have on receiving waters. This may be
accomplished through the implementation of site designs that reduce runoff and
pollutant transport, by minimizing impervious surfaces, by maximizing onsite infiltration
or by implementing other appropriate BMPs.
the Redlands rail line extension between the existing San Bernardino Santa Fe Depot
drainage system layout and construct new drainage system improvements. Due to the
storm system upgrades and BMPs implemented, a WQMP maintenance agreement is
now required to be finalized and recorded with the County of San Bernardino for the
project to meet compliance with the MS4 permit.
In March 2018, Operation and Maintenance Agreement 17-1001666 was executed
between the City, Omnitrans and SBCTA defining the maintenance roles and
responsibilities for the San Bernardino Transit Center, including the maintenance roles
and responsibilities for the two (2) BMP vaults, storm drain inserts and offsite
infiltration/detention basins (Devices). The maintenance requirements for the various
Devices installed as part of the First Mile project are included in License Agreement 17-
Page 1
6722
1001639, Cooperative Agreement 04-040, and Operations and Maintenance Agreement
17-1001666.
Discussion
The proposed Stormwater Treatment Device and Control Measure Access and
Maintenance Agreement serves to consolidate, by reference, the roles, maintenance
responsibilities and access authorities granted through the previously approved
agreements. If approved, this Agreement will be recorded with the County of San
Bernardino and will serve to meet the WQMP requirement for the project. The
previously approved agreements are incorporated as exhibits into the proposed
Stormwater Treatment Device and Control Measure Access and Maintenance
Agreement.
2020-25 Key Strategic Targets and Goals
Approval of this WQMP maintenance agreement aligns with Key Target No. 1d:
Minimize risk and litigation exposure as it established the operating and maintenance
agreement necessary for project compliance with the WQMP requirement.
Fiscal Impact
There is no General Fund Impact. Costs associated with ongoing maintenance of this
section of the storm drain system are minor and will be absorbed in approved Public
Works Storm Drain Division operating budgets.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-114, authorizing the City Manager to execute a
Stormwater Treatment Device and Control Measure Access and Maintenance
Agreement between the City and San Bernardino County Transportation Authority
(SBCTA).
Attachments
Attachment 1 Resolution 2020-114; Exhibit A - Stormwater Treatment Device and
Control Measure Access and Maintenance Agreement; Exhibit B - Plats
and Legal; Exhibit C- BMP Layout; Exhibit D - License Agreement 17-
1001639; Exhibit E - Amendment No. 6 to Cooperative Agreement 04-
040; Exhibit F - Operations and Maintenance Agreement 17-100166
Ward: 2
Synopsis of Previous Council Actions:
7/10/2000 Mayor and City Council allocated $150,000 for Metrolink at grade crossing
ndrd
at 2, 3
Metrolink in the 2000/01 Capital Improvement Program (CIP).
11/20/2000 Resolution No. 2000-325 adopted approving Construction and
Construction and Inland Empire Maintenance Facility.
Page 2
6722
12/06/2004 Resolution No. 2004-374 adopted authorizing the execution of
Amendment No. 1 to Construction and Maintenance Agreement between
the City of San Bernardino and the Southern California Regional Rail
Improvements.
12/19/2005 Resolution No. 2005-421 adopted authorizing the execution of a License
Agreement with SANBAG for the operation and maintenance for storm
-of-
way.
7/19/2017 Resolution No. 17-1001639 adopted authorizing the execution of a license
Agreement with SBCTA adopting new layout and SBCTA Administrative
Fee.
5/6/2020 Resolution No. 2020-85 adopted approving Amendment No. 1 to License
Agreement 17-1001639 with the San Bernardino County Transportation
Authority (SBCTA).
Page 3
RESOLUTION NO. 2020-114
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
STORMWATER TREATMENT DEVICE AND CONTROL
MEASURE ACCESS AND MAINTENANCE AGREEMENT
BETWEEN THE CITY AND SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY (SBCTA)
WHEREAS,
as Downtown San Bernardino P
Project to employ on-site control measures to minimize pollutants in urban stormwater runoff;
and
WHEREAS, SBCTA and City have chosen to install stormwater filter vaults, drain
inserts and an inf
stormwater runoff; and
WHEREAS, the Devices have been installed in accordance with plans and specifications
approved by the City and require periodic and continuous maintenance to assure proper
performance; and
WHEREAS, SBCTA and City are also aware that such maintenance activity will require
compliance with all Federal, State and local laws and regulations, including those pertaining to
confined space and waste disposal methods in effect at the time such maintenance occurs; and
WHEREAS, California Regional Water Quality Control Board Order No. R8-2010-0036
(NPDES No. CAS 618036) San Bernardino County Municipal Separate Storm Sewer System
(MS4) Permit and San Bernardino Municipal Code Section 8.80.208 requires this Stormwater
Treatment Device and Control Measure Access and Maintenance Agreement
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby authorize the City Manager to execute
the Stormwater Treatment Device and Control Measure Access and Maintenance Agreement,
incorporated herein as Exhibit A, and direct City Staff to submit an approved copy to SBCTA
representatives in accordance with the requirements of the Agreement.
SECTION 3. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
Resolution No. 2020-114
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2020-114
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk
RECORDING REQUESTED BY:
City of San Bernardino
WHEN RECORDED RETURN TO:
City of San Bernardino
Public Works Department
RD
2 FLOOR
Street
San Bernardino, CA 92401
ONLY
AGREEMENT
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Owner: San Bernardino County Transportation Authority
Tract No.: Not Applicable APN: See Exhibit ___
Address: 1170 West 3rd Street, San Bernardino, CA 92410
Owner: City of San Bernardino
Tract No.: Not Applicable______________ APN: See Exhibit
Address:
THIS AGREEMENT is made and entered into this ___ day of _____, 2020, between the City
San Bernardino County
Transportation Authority . SBCTA and the City are sometimes each individually referred
RECITALS
WHEREAS, SBCTA and the City own that certain real property in the City more specifically
which is attached hereto and incorporated herein by this
reference; and
WHEREAS, at the time of approval of development project commonly known as
Downtown San Bernardino Passenger Rail Project
employ on-site control measures to minimize pollutants in urban stormwater runoff; and
WHEREAS, SBCTA and City have chosen to install stormwater filter vaults, drain inserts and
an infiltration/detention basin
WHEREAS, the Devices have been installed in accordance with plans and specifications
approved by the City ,
incorporated herein by this reference; and
WHEREAS, the SBCTA and City are aware that periodic and continuous maintenance of the
Devices is required to assure proper performance of the Devices, including, but not necessarily limited
SBCTA Agreement No. 19-1002074
to, filter material replacement and sediment removal as specified in the Water Quality
Management Plan on file withthe City; and
WHEREAS, SBCTA and City are also aware that such maintenance activity will require
compliance with all Federal, State and local laws and regulations, including those pertaining to
confined space and waste disposal methods in effect at the time such maintenance occurs; and
WHEREAS, California Regional Water Quality Control Board Order No. R8-2010-0036
(NPDES No. CAS 618036) San Bernardino County Municipal Separate Storm Sewer System (MS4)
Permit and San Bernardino Municipal Code Section 8.80.208 requires this Stormwater Treatment
Device and Control Measure Access and Maintenance Agreement; and
WHEREAS, the City and SBCTA entered into a License Agreement 17-1001639 on January
17, 2018, by which SBCTA permitted City to construct and maintain the storm drain line and related
appurtenances (drain inserts) in the railroad corridor from mile post 0.1 to 1.16; said license agreement
is included which is attached hereto and incorporated herein by this reference; and
WHEREAS, on March 21, 2018, the City and SBCTA entered into Amendment No. 6,
effective April 21, 2018, to Cooperative Agreement 04-040 (specifying roles and responsibilities for
provision of maintenance and security at the Santa Fe Depot Commuter Rail Station), modifying the
maintenance roles and responsibilities for additional improvements to the Santa Fe Depot Commuter
Rail Station, including additional maintenance responsibilities for the stormwater treatment devices
(storm filter vaults) installed at the Santa Fe Depot. Amendment 6 is attached and
incorporated herein by this reference; and
WHEREAS, the City, Omnitrans and SBCTA entered into an Operations and Maintenance
Agreement 17-1001666, as of March 21, 2018, defining the maintenance roles and responsibilities for
the San Bernardino Transit Center, including the maintenance roles and responsibilities for the offsite
infiltration/detention basin; said agreement is included , which is attached hereto and
incorporated herein by this reference;
promises contained herein, the City of San Bernardino and SBCTA agree as follows:
AGREEMENT
1. The City and its designees require access to the Devices and SProperty in the
immediate vicinity of the Devices for the purpose of inspecting, sampling and testing of the
Devices, and in cases of emergency, to undertake all necessary repairs or other preventative
measures. The City shall make every effort at all times to minimize or avoid interference with
use of the Property when undertaking such inspections and repairs. Access to such
Devices and Property shall be granted in accordance with License Agreement 17-1001639,
Cooperative Agreement 04-040, or Operations and Maintenance Agreement 17-1001666, as
applicable.
2. The maintenance requirements for the various Devices installed as part of the Downtown San
Bernardino Passenger Rail Project are included in the License Agreement 17-1001639,
Cooperative Agreement 04-040, or Operations and Maintenance Agreement 17-1001666.
Maintenance of the Devices shall be undertaken in accordance with such requirements.
SBCTA Agreement No. 19-1002074
3. Pursuant to MS4 Permit Provision C.3.h.ii.(1)(d), SBCTA shall record this Agreement or a
notice or memorandum of this Agreementin the Official Records of the County of San
Bernardino at SBCTA and such recording shall constitute notice to all successors
and assigns to the title to the Property of the obligations herein set forth.
4. In the event any action is commenced to enforce or interpret any of the terms or conditions of
this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to
the recovery of its reasonable a or
SBCTA Attorney and members of his/her office in enforcing this Agreement on behalf of the
City or SBCTA
5. It is the intent of the Parties that the burdens and benefits herein undertaken shall constitute
equitable servitudes that run with the Property and shall be binding upon future owners of all or
any portion of the Property. Any liability hereunder shall terminate at the time its
ownership interest is terminated, except for obligations which accrue prior to the date of
transfer by such owner, which shall remain the personal obligation of such owner.
6. Time is of the essence in the performance of this Agreement.
7. Any notice to a Party required or called for in this Agreement shall be served in person, or by
deposit in the U.S. Mail, first class postage prepaid, to the address set forth below. Notice(s)
shall be deemed effective upon receipt, or seventy-two (72) hours after deposit in the U.S.
Mail, whichever is earlier. A Party may change notice address only by providing written notice
thereof to the other Party.
CITY SBCTA
Public Works Director, Transit and Rail
Director
City of San Bernardino San Bernardino County Transportation
Authority
1170 W. 3rd Street, 2nd Floor
San Bernardino, CA 92401 San Bernardino, CA 92410-1715
8. This Agreement shall be governed by and construed in accordance with the laws of the State of
California. Any legal proceeding to enforce or interpret this Agreement or any of its provisions
shall be filed in the San Bernardino County Superior Court.
9. Any amendment to this Agreement shall be valid only if in writing and approved by the Public
Works Director of the City and signed by the City and the SBCTA.
------------------------------SIGNATURES ON THE FOLLOWING PAGES------------------------
SBCTA Agreement No. 19-1002074
INWITNESSWEHEREOF,thepartiesheretohaveexecutedthisAgreementasofthedate(s) set
forth below next to their respective signatures.
SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO
TRANSPORTATION AUTHORITY
By: ___________________________ By: ___________________________
Raymond Wolfe, PhD John Valdivia
Executive Director Mayor
Date: __________________________ Date: ___________________________
APPROVED AS TO FORM APPROVED AS TO FORM
By: ________________________ By: ________________________
Julianna K. Tillquist Sonia R. Carvalho
General Counsel City Attorney
Date: ___________________________ Date: ___________________________
SBCTA Agreement No. 19-1002074