HomeMy WebLinkAbout25C - AGMT - MOU - OCWD AT CENTENNIALREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 17, 2014
TITLE:
MEMORANDUM OF UNDERSTANDING
WITH THE ORANGE COUNTY WATER
DISTRICT FOR WATER INJECTION
WELLS AT CENTENNIAL PARK
CITY MANA R
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2n° Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a Memorandum of
Understanding with the Orange County Water District for water injection wells at Centennial Park,
subject to non - substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Orange County Water District (OCWD) is proposing the installation of four water injection
wells and water supply lines in Centennial Park. The injection wells will be underground and
installed flush to grade in four parking lots at Centennial Park (see attached MOU and site plan).
The plan shows two alternatives (Alternative A & B) for the location of the water supply lines.
The final route will be determined at a later date as more information becomes available. The
injection wells will be used to inject purified recycled water into the aquifer that will be available
for portable drinking water. This area has the lowest annual recorded groundwater elevation with
the highest public water pumping levels. The project is estimated to raise the groundwater level
up to 25 feet and lessen any colored water intrusion from the underlying deep aquifer. This
location is also in close proximity to the Orange County Groundwater Replenishment System
pipeline in the Santa Ana River. Construction of the well sites will be in phases to reduce impact
to our park users. Each well will take 2 months to drill and 6 months to complete. Upon
completion the OCWD will improve all parking lots and roadway in the park in exchange for
establishing a 30 year easement agreement.
The Centennial Park deed from the Federal Government requires the site to be used for
recreational purposes only. Sections of the park were developed with Land and Water
Conservation Grant Funding (LWCF) administered by the State. Any lease or easements in the
park require approval from both agencies. Staff has informed both agencies of the OCWD
proposal. Since all permanent improvements will be underground with minimal /no impact to the
recreational purpose of the site, both agencies have granted preliminary approval, pending
submittals of environmental analysis and other formal documents. OCWD will prepare the CEQA
and NEPA Analysis for submittal to the State & NIPS.
25C -1
Memorandum of Understanding with
Orange County Water District at Centennial Park
June 17, 2014
Page 2
OCWD requested city approve a Memorandum of Understanding (MOU) so they can expend
funding to prepare the environmental documents and preliminary development plans. OCWD
understands that city needs formal State and Federal approval before City can enter into a long
term easement agreement.
FISCAL IMPACT
There is no fiscal impact associated with this action.
yU�tJ"'z' 6�
Gerardo Mouet,
Executive Director
Parks, Recreation and Community
Services Agency
Exhibit: 1. Memorandum of Understanding
25C -2
Revised 6/09/2014
MEMORANDUM OF UNDERSTANDING
By and Between
THE ORANGE COUNTY WATER DISTRICT
And
THE CITY OF SANTA ANA
For
CONSTRUCTION AND OPERATION OF FOUR INJECTION WELLS, WATER
SUPPLY PIPELINE AND DISCHARGE PIPELINE AT CENTENNIAL PARK
WHEREAS, the construction and operation of four injection wells, water supply
pipeline and discharge pipeline (Project) at Centennial Park will serve the
interests of both the City of Santa Ana (CITY) and the Orange County Water
District (DISTRICT); and
WHEREAS, the City owns the property where the Project would be constructed
and operated; and
WHEREAS, CITY and DISTRICT wish to enter into this Memorandum of
Understanding ( "MOU ") as a basis for establishing permanent and temporary
easements on the property for the Project.
NOW, THEREFORE, the parties hereto establish the following principles to guide
their future negotiations on this matter:
1. Attached hereto as Exhibit 1 and incorporated by reference herein, is a
depiction showing the approximate location of the four injection wells and
water supply pipeline alignment proposed to be included in the proposed
easement area. The final configuration and size of the easements would
be based upon the final design of the well site locations and the alignment
of the water supply and discharge pipeline.
2. District will construct each injection well below grade and will be centered
in a parking stall.
3. District will require a 12- 15,000 square foot temporary work area at each
injection well for 1.5 months to accommodate drilling, followed by a 3,000
square foot temporary work area at each injection well for 4.5 months to
construct the well. These areas are shown in Exhibit 2.
4. District will require 30 year easements for the well sites and pipeline
alignments.
5. District will coordinate with the City during construction to minimize
disruptions at Centennial Park.
25C -3
Revised 6/09/2014
6. The District will be responsible for the design and construction of the
project and preparation of all documents to comply with California
Environmental Quality Act and National Environmental Policy Act and will
provide staff assistance to the City of Santa Ana for coordination with the
National Park Service. The District will provide the City with an
administrative draft version of any environmental documents prepared for
the proposed Project and respond to City comments on the draft
documents prior to releasing the environmental documents for public
review. The District shall not propose or agree to any mitigation measures
that affect City lands without prior City approval, which may be withheld for
any reason.
7. After the Project is completed the District will improve all parking lots and
roadways identified in Exhibit 3 in exchange for establishing a 30 year
easement for each component of the Project. Such improvements include
removal and overlay of the top two inches of asphalt from the parking lots
and roadways.
8. District acknowledges that it will be responsible for the replacement of all
landscaping and park amenities that might be inadvertently damaged
during construction as a result of contractor negligence.
9. The parties hereto agree to negotiate in good faith for the purpose of
developing and executing easements for the Project, nothing contained
herein shall be deemed a binding commitment upon or enforceable
promise by either party.
10.The parties agree that a precondition to any binding commitment requires
approval by the Federal Government inasmuch as the property in question
was a Federal property transferred by the Department of Interior to the
City as public benefit conveyance for development of a regional park and
any easements thereon require Federal approvals.
11. The parties acknowledge that the City was awarded a Land and Water
Conservation Grant to build improvements on the park which requires that
the recreational abilities of the park be preserved at all times, but in no
event shall the recreational abilities of the park in any single location be
impacted beyond six (6) months. Accordingly, to the extent that a well site
is located in one of the Grant improvement areas, the parties agree that
any binding commitment may be subject to approval by the State of
California,
12.The parties agree that any ultimate plan in developing and executing
easements for the Project requires that the parties minimize any disruption
to the operations of Godinez High School and the Centennial Career
Education Center.
25C -4
Revised 6/09/2014
IN WITNESS WHEREOF, the City of Santa Ana and the Orange County
Water District have entered into this Agreement as of the dates set forth
below.
CITY OF SANTA ANA
Date:
APPROVED AS TO FORM:
City Attorney
By:
ATTESTED TO:
By:
City Clerk for City of Santa Ana
ORANGE COUNTY WATER DISTRICT
2
in
Shawn Dewane, President
Michael R. Markus P.E.,
General Manager
Date:
APPROVED AS TO FORM:
Rutan & Tucker LLP
By:
Joel Kuperberg,
OCWD General Counsel
25C -5
25C -6
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