Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  14-001110

 

MEETING DATE:

10/07/14

legal entity taking action:

Orange County Flood Control District

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Kevin Onuma (714) 647-3939 

 

 

Shane Silsby (714) 667-9700

 

 

Subject:  Southern California Edison Agreement and Contract for Prado Dam Project

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Consent Calendar

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost: $138,540.36

Annual Cost: N/A

 

 

 

    Staffing Impact: No

# of Positions:

Sole Source: No

    Current Fiscal Year Revenue: N/A

  Funding Source: Flood Fund 404: 100%

County Audit in last 3 years: No

 

 

    Prior Board Action: 1/28/2003 #40

 

RECOMMENDED ACTION(S):

 

 

1.

Find that EIR No. 583, previously certified by the Orange County Planning Commission on December 19, 2001 and the Addendum approved by the US Army Corps on September 28, 2010 reflect the independent judgment of the County of Orange and satisfy the requirements of CEQA for the Southern California Edison Indemnification Agreement and Contract, which is a necessarily included element contemplated as part of the larger action.

 

 

a.  The circumstances of the project are substantially the same and EIR No. 583 which adequately addressed the effects of the proposed project. No substantial changes have been made in the project, no substantial changes in the circumstances under which the project is being undertaken, and no new information of substantial importance to the project which was not known or could not have been known when previous EIR No. 583 was adopted has become known and no further environmental review is required.

 

 

b. EIR No. 538 is adequate to satisfy the requirements of CEQA for the Southern California Edison Indemnification Agreement and Contract.

 

 

c.  All mitigation measures are fully enforceable pursuant to CEQA (Public Resources Code) Section 21081.6(b) and have either been adopted as conditions, incorporated as part of the project design, or included in the procedures of project implementation.

 

2.

Approve Contract for Extension of Electric Distribution Line with Southern California Edison and direct the Auditor-Controller to issue payment to Southern California Edison in an amount not to exceed $6,898.45.

 

3.

Approve the Indemnification Agreement for Southern California Edison and direct the Auditor-Controller to issue payment to Southern California Edison in an amount not to exceed $131,641.91 for the relocation of power poles for the Yorba Slaughter Adobe Protection Dike Project.

 

 

 

 

SUMMARY:

 

Approval of the Contract for Extension of Electric Distribution Line, authorization of the payments to Southern California Edison and the approval of the indemnification agreement will support the construction of a feature of the Prado Dam Project known as the Yorba Slaughter Adobe Protection Dike Project.  The Prado Dam Project will provide Orange County residents with needed flood protection.

 

 

 

BACKGROUND INFORMATION:

 

On January 28, 2003, the Board of Supervisors approved a Project Cooperation Agreement between the Orange County Flood Control District (District) and the Department of the Army, which obligates the District to provide all lands, easements, rights-of-way and perform all relocations that are necessary for the construction, operation and maintenance of the Prado Dam Project.

 

The Yorba Slaughter Adobe Protection Dike Project (Project) is a feature of the Prado Dam Project.  It entails the construction of an earthen dike around a historical adobe, known as the Yorba Slaughter Adobe (Adobe), owned and operated by the County of San Bernardino and the raising and relocation of a road within the limits of the City of Chino.  The Adobe was constructed in 1852 and is one of the oldest remaining structures of its kind.  The Adobe and property are maintained as a museum which is open to the public.  The U.S. Army Corps of Engineers' planned modification of Prado Dam will result in more water being detained upstream of Prado Dam, and a higher water surface elevation.  This Project is intended to protect the Adobe structure and museum from the planned rise in the water level.  The Project consists of two major construction elements: 1) construction of an earthen dike with a maximum height of 41 feet and approximately 56,000 cubic yards of fill that surrounds the Adobe and property; and 2) relocation and realignment of Pomona Rincon Road consisting of approximately 46,000 cubic yards of fill.

 

The Project requires, as a part of the realignment of Pomona Rincon Road, the relocation of fifteen Southern California Edison poles containing distribution lines and the extension of that distribution to service the Yorba Slaughter Adobe site. These relocations have been determined to be the responsibility of the District as part of the Prado Dam Project.  Southern California Edison has requested the District pay for the work as two separate relocations as they fall under separate Southern California relocation rules.

 

The District received an invoice for $6,898.45 for the extension of the distribution line to the Yorba Slaughter Adobe's property. This new service requires a "Contract for Extension of Electric Distribution Line" which contains an indemnification clause.

 

The District also received an invoice of $256,047.93 for the relocation of the fifteen poles and distribution lines. Typically, relocations require a federal tax ($124,406.02 in the case of this Project) be charged unless the Project or project representatives are deemed to be exempt.  It has been determined by the County of Orange office of County Counsel and by Southern California Edison's counsel that this Project is exempt from the tax. However, it is the Internal Revenue Service that will ultimately determine the tax exemption status. Consequently, Southern California Edison has required the District to approve an Indemnification Agreement prior to performing any work.  Approval of the Indemnification Agreement will relieve the District of the burden of paying the $124,406.02 of federal tax to Southern California Edison at this time (subject to final Internal Revenue Service determination) and limit the District's expense to $131,641.91

 

Compliance with CEQA: This project is a necessarily included element of the projects considered in Final EIR No. 583, certified by the Orange County Planning Commission on December 19, 2001 and the Addendum approved by the US Army Corps on September 28, 2010, which adequately addressed the effects of the proposed project. No substantial changes have been made in the project, no substantial changes in the circumstances under which the project is being undertaken and no new information of substantial importance to the project which was not known or could not have been known when the Final EIR No. 583 was certified has become known therefore no further environmental review is required.

 

 

 

FINANCIAL IMPACT:

 

The Orange County Flood Control District will compensate Southern California Edison for the relocation of distribution lines and the extension of a distribution line in the amount of $138,540.36 for the Yorba Slaughter Adobe Protection Dike Project.

 

 

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A - Contract For Extension of Electric Distribution Line Rule 15
Attachment B - Invoice #163554
Attachment C - Indemnification Agreement
Attachment D - Invoice #179701
Attachment E - Letter regarding the ITCC exemption