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HomeMy WebLinkAbout12/13/2017 - STAFF REPORTS - 1.L. 60' ' City Council Staff Report Date: December 13, 2017 CONSENT CALENDAR Subject: APPROVE A UTILITY AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY, A CALIFORNIA CORPORATION, FOR UTILITY RELOCATION WORK RELATED TO THE INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BRLO 5282 (017) From: David H. Ready, City Manager Initiated by: Engineering Services Department SUMMARY As a result of the determination of Southern California Edison Company (SCE) having prior legal rights, the City is responsible for all costs associated with relocation of existing SCE utilities requiring the City to enter into a Utility Agreement with SCE associated with the Indian Canyon Drive Widening and Bridge Replacement, City Project No. 01-11, Federal Aid Project No. BRLO 5282 (017), (the "Project'). This action will authorize the City Manager to enter into a Utility Agreement with SCE to facilitate reimbursement of utility relocation costs through the federal-aid funds secured by the City for the Project through the Highway Bridge Program. RECOMMENDATION: 1. Approve a Utility Agreement, in a final form acceptable to the City Attorney, with Southern California Edison Company, a California Corporation, for Utility Relocation Work related to the Indian Canyon Drive Widening & Bridge Replacement, City Project No. 01-11, Federal Aid Project No. BRLO 5282 (017); and 2. Authorize the City Manager to execute the Utility Agreement and all associated documents. BUSINESS PRINCIPAL DISCLOSURE: A search of records available through the Secretary of State of California shows that as of June 1, 2017, Southern California Edison Company is a California corporation, with listed corporate officers as follows: Kevin Payne (CEO), Barbara Mathews (Secretary), William Pemecky III (CFO), and the following Directors: Pedro Pizarro, Linda Stuntz, ITEM NO. 1.L. City Council Staff Report December 13, 2017-- Page 2 Approve Utility Agreement with SCE, CP 01-11 William Sullivan, Brett White, James Morris, Kevin Payne, Vanessa Chang, Peter Taylor, Ellen Tauscher, and Louis Hernandez. A copy of SCE's Statement of Information and most recently Corporate Disclosure Statement filed May 11, 2017, is included as Attahcment 1. STAFF ANALYSIS: After the City initiated the Indian Canyon Drive / Interstate 10 Interchange Project (1-10 Project) in 2000, the Engineering Services Department (Department) turned its attention to widening Indian Canyon Drive through the Whitewater River up to Garnet Avenue. This widening will correspond with the ultimate 6-lane roadway that was constructed from Garnet Avenue over Interstate 10 as part of the previously completed 1-10 Project. In pursuit of this goal, the Department obtained federal grants for widening Indian Canyon Drive from 2 lanes to 6 lanes from the Union Pacific Railroad (UPRR) bridge to Garnet Avenue. The Department was initially awarded a federal grant of $4,286,000 from the Highway Bridge Program (HBP), administered through the California Department of Transportation (Caltrans). As the scope of the Project has changed from widening to complete replacement of the existing UPRR bridge, which increased the cost of the Project, the total federal funding for the Project has increased to $17.4 million. In May 2001, the Department obtained approval from Caltrans to proceed with the preliminary engineering phase for this project. The City Council awarded a contract for environmental and engineering design, and right-of-way acquisition services for the Project to Dokken Engineering on March 20, 2002. The Project extends through environmentally sensitive habitat occupied by certain protected species. Environmental analysis and approvals of the Project by resource agencies occurred concurrently as the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) was being developed and approved. Following final approvals of the CVMSHCP by the resource agencies in 2008, which lists the Project as a "Covered Project", the City obtained final environmental approvals for the Project from Caltrans and resources agencies in 2009. The Project required the acquisition of rights-of-way from parcels from various owners, including the UPRR. All negotiations have been completed and the Project is nearing the completion of the Right of Way acquisition phase. The City expects Caltrans to issue a Right of Way Certification pending a few documents to be finalized with escrow, which will clear the way to begin the Construction phase by 2019. The Utility Relocation phase is an essential component of the Project. After the City issued a Notice to Owner to the various utility companies requiring utility owners to relocate their facilities that are in conflict with the Project, it was determined that SCE has prior rights to the existing utility poles within the Project limits; SCE obtained easements for overhead transmission and distribution lines along the east side of Indian 02 City Council Staff Report December 13, 2017-- Page 3 Approve Utility Agreement with SCE, CP 01-11 Canyon Drive by documents recorded November 16, 1948, and on January, 18, 1949, which predated Riverside County's declaration of Indian Avenue (now Indian Canyon Drive) as a County Highway and public road in 1951, as evidenced by a Record of Survey recorded August 7, 1951. Ordinarily, the City's franchise agreements with public utilities require the utility company to relocate their facilities at their cost to accommodate the City's public projects, however, in this case with SCE having prior legal rights for these overhead utilities, the City of Palm Springs is responsible for the costs of the utility relocation. These relocation costs are eligible project expenses under the Highway Bridge Program, which allows the City to be reimbursed through the federal-aid funds that have been secured for the Project. This reimbursement is dependent upon executing a Utility Agreement with SCE that is consistent with federal guidelines. On this basis, staff recommends City Council approve the Utility Agreement included as Attachment 2 in this report. An exhibit showing the location of the required utility relocation is provided on the next page. �. ;; 03 City Council Staff Report December 13, 2017-- Page 4 Approve Utility Agreement with SCE, CP 01-11 --- D UATION ROAD 1 6 -- `. _. . . z_t — Y A C N ,.� t, '� ! ► 'e is c . r' .1. 4 1 4 e a -_—,_ EElsnW ao .�L �00pE.rRaE sE LEGEND, EYISIIRB 60'T�E�icE q�E Nn EUY EEC --- r'----'J rpT g[ l TO pE • U BY I Kf ES'T SCF.000Ee 1-xOLE SET w' RET eS'TIiLL SC Y]1n Err ER ___ ___ -.t.-.._.................' .._............... .. -- ]]RY .. SS RY .. .. 't RY .......� }YEAI�L� J]kV i "C',SETA l st4T "YtY't"fiEA}l"'E17CGEliY"-'- 1 SOEI.� 10`Eo' ETA x ' 1 .. -SPM°a 2'WYMY M°RIt4MT4 !!kY C ROLE 1 __._.__._._._ CttILLYu1l�N[C RTA41a CLEe E M ; I 1 � : -f0 E 909YED Ev WE w k i i ............... rE PAOPC e ------- DELIN i Ei e.yF. i I PAOPC f' -- JC 5T U«EE.Ou - ---' x'sn'.ulay.00.L,+so.00°Re uiasT.00 e _r� _ -•----- Ek;S1 BECTION D-D SECTION F-F a .• - PAOPC ` FIGURE 1 Notes: SCE power lines are currently configured for three poles. The widening the roadway and bridge will require modification of the 3-pole o configuration to a 2-pole configuration as shown in the cross sections in Figure 1. The red poles or lines are to be removed or relocated whereas ,�, new poles are in green and existing poles to remain are in yellow. City Council Staff Report December 13, 2017-- Page 5 Approve Utility Agreement with SCE, CP 01-11 ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). In accordance with the CEQA Guidelines, the City acting as "Lead Agency" pursuant to CEQA, previously completed an environmental analysis of the potential impacts resulting from construction of the Project. On November 4, 2009, the City Council adopted Resolution No. 22620, adopting and ordering the filing of a Mitigated Negative Declaration for the Project. Subsequently, on November 5, 2009, staff filed a Notice of Determination with the Riverside County Clerk and State Clearing House; a copy of the Notice of Determination is included as Attachment 3. The Project is funded, in part, by federal funds, requiring local oversight by the Caltrans. As a federally funded project, the Project is subject to environmental review pursuant to the National Environmental Policy Act (NEPA). On September 24, 2009, Caltrans, acting as the lead agency pursuant to NEPA, made an environmental determination that the Project does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded from the requirements to prepare an Environmental Assessment (EA) or Environmental Impact Statement (EIS), has considered unusual circumstances pursuant to 23 CFR 771.117(b), and that it qualifies for a Categorical Exclusion under Section 6005 of 23 U.S.C. 327. A copy of the NEPA Categorical Exclusion issued by Caltrans is included as Attachment 4. FISCAL IMPACT: The utility relocations by SCE are required to complete the Indian Canyon Drive Widening and Bridge Replacement Project, City Project No. 01-11, Federal Aid Project No. BRLO 5282 (017). The City is responsible for the relocation costs as SCE has established prior rights. The City has sufficient funding to pay for the SCE relocation costs with the federal-aid funds secured through the HBP program, and with additional funding provided by the Coachella Valley Association of Governments (CVAG) Regional Measure A and the City's local Measure A funds. SCE has provided an estimate of the utility relocation cost of$858,000. Upon execution of the Utility Agreement, staff will submit the agreement and related documentation to Caltrans to formally request authorization to proceed with the utility relocation work performed by SCE, at an estimated cost of $858,000. The federal-aid funds secured through the HBP provide for reimbursement of 88.53% of eligible costs, allowing for the City to receive reimbursement of $759,587 of the total cost. The remaining costs will be paid through Regional Measure A and Local Measure A funds, as follows: Capital Projects (Fund 261), Account No. 261-4491-50196 $759,587.40 CVAG Regional Measure A (Fund 134), Account No. 134-4407-50196 $ 73,809.45 Local Measure A (Fund 134), Account No. 134-4498-50196 $ 24,603.15 $858,000.00 05 City Council Staff Report December 13, 2017-- Page 6 Approve Utility Agreement with SCE, CP 01-11 SUBMITTED WL Th mas Garcia, P.E. IM rcus L. Fuller, MPA, P.E., P.L.S. City Engineer Assistant City Manager r-, Ph. David H. Ready, Es City Manager Attachments: 1. SCE Disclosure Documents 2. Utility Agreement with SCE 3. CEQA Notice of Determination 4. NEPA Categorical Exclusion ATTACHMENT 1 07 State of California L S Secretary of State o.r,. Statement of Information FN06287 (Domestic Stock and Agricultural Cooperative Corporations) FEES (Filing and Disclosure): $25.00. FILED If this is an amendment, see instructions. IMPORTANT—READ INSTRUCTIONS BEFORE COMPLETING THIS FORM In the office of the Secretary of State 1. CORPORATE NAME of the State of California SOUTHERN CALIFORNIA EDISON COMPANY JUN-01 2017 2. CALIFORNIA CORPORATE NUMBER C0057827 This Space for Filing Use Only No Change Statement (Not applicable if agent address of record is a P.O. Box address. See instructions.) 3. If there have been any changes to the information contained in the last Statement of Information filed with the California Secretary of State,or no statement of information has been previously filed,this form must be completed in its entirety. ❑ If there has been no change in any of the information contained in the last Statement of Information filed with the California Secretary of State,check the box and proceed to Item 17. Complete Addresses for the Following (Do not abbreviate the name of the city. Items 4 and 5 cannot be P.O. Boxes.) 4. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY STATE ZIP CODE 2244 WALNUT GROVE AVENUE, ROSEMEAD, CA 91770 5. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA,IF ANY CITY STATE ZIP CODE 2244 WALNUT GROVE AVENUE, ROSEMEAD,CA 91770 6. MAILING ADDRESS OF CORPORATION,IF DIFFERENT THAN ITEM 4 CITY STATE ZIP CODE Names and Complete Addresses of the Following Officers (The corporation must list these three officers. A comparable title for the specific officer may be added;however,the preprinted titles on this form must not be altered.) 7. CHIEF EXECUTIVE OFFICER/ ADDRESS CITY STATE ZIP CODE KEVIN M. PAYNE 2244 WALNUT GROVE AVENUE, ROSEMEAD, CA 91770 S. SECRETARY ADDRESS CITY STATE ZIP CODE BARBARA E. MATHEWS 2244 WALNUT GROVE AVENUE, ROSEMEAD, CA 91770 9. CHIEF FINANCIAL OFFICER/ ADDRESS CITY STATE ZIP CODE WILLIAM M. PETMECKY 111 2244 WALNUT GROVE AVENUE, ROSEMEAD, CA 91770 Names and Complete Addresses of All Directors, Including Directors Who are Also Officers (The corporation must have at least one director. Attach additional pages,if necessary.) 10. NAME ADDRESS CITY STATE ZIP CODE PEDRO J. PIZARRO 2244 WALNUT GROVE AVENUE, ROSEMEAD, CA 91770 11. NAME ADDRESS CITY STATE ZIP CODE LINDA G.STUNTZ 2244 WALNUT GROVE AVENUE, ROSEMEAD, CA 91770 12. NAME ADDRESS CITY STATE ZIP CODE WILLIAM P.SULLIVAN 2244 WALNUT GROVE AVENUE, ROSEMEAD, CA 91770 13. NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS,IF ANY: Agent for Service of Process If the agent is an individual,the agent must reside in California and Item 15 must be completed with a California street address, a P.O. Box address is not acceptable. If the agent is another corporation, the agent must have on file with the California Secretary of State a certificate pursuant to California Corporations Code section 1505 and Item 15 must be left blank. 14. NAME OF AGENT FOR SERVICE OF PROCESS CRISTINA E. LIMON 15. STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA,IF AN INDIVIDUAL CITY STATE ZIP CODE 2244 WALNUT GROVE AVENUE, ROSEMEAD,CA 91770 Type of Business 16. DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION UTILITY COMPANY 17. BY SUBMITTING THIS STATEMENT OF INFORMATION TO THE CALIFORNIA SECRETARY OF STATE, THE CORPORATION CERTIFIES THE INFORMATION CONTAINED HEREIN,INCLUDING ANY ATTACHMENTS,IS TRUE AND CORRECT. 06/01/2017 CRISTINA M. TILLOTSON AUTHORIZED SIGNATORY DATE TYPEIPRINT NAME OF PERSON COMPLETING FORM TITLE SIGNATURE SI-200(REV 0112013) Page 1 of 2 APPROVED BY SECRETARY OF STATE L. State of California `- S FN06287 Secretary of State Attachment to Statement of Information (Domestic Stock and Agricultural Cooperative Corporations) This Space for Filing Use Only A. CORPORATE NAME SOUTHERN CALIFORNIA EDISON COMPANY B. CALIFORNIA CORPORATE NUMBER C0057827 C. List of Additional Directors NAME ADDRESS CITY STATE ZIP CODE BRETT WHITE 2244 WALNUT GROVE AVENUE, ROSEMEAD,CA 91770 NAME ADDRESS CITY STATE ZIP CODE JAMES T.MORRIS 2244 WALNUT GROVE AVENUE, ROSEMEAD, CA 91770 NAME ADDRESS CITY STATE ZIP CODE KEVIN M. PAYNE 2244 WALNUT GROVE AVENUE; ROSEMEAD, CA 91770 NAME ADDRESS CITY STATE ZIP CODE VANESSA C.L.CHANG 2244 WALNUT GROVE AVENUE, ROSEMEAD, CA 91770 NAME ADDRESS CITY STATE ZIP CODE PETER J.TAYLOR 2244 WALNUT GROVE AVENUE, ROSEMEAD,CA 91770 NAME ADDRESS CITY STATE ZIP CODE ELLEN O.TAUSCHER 2244 WALNUT GROVE AVENUE, ROSEMEAD, CA 91770 NAME ADDRESS CITY STATE ZIP CODE LOUIS HERNANDEZ JR. 2244 WALNUT GROVE AVENUE, ROSEMEAD, CA 91770 NAME ADDRESS CITY STATE ZIP CODE NAME ADDRESS CITY STATE ZIP CODE NAME ADDRESS CITY STATE ZIP CODE NAME ADDRESS CITY STATE ZIP CODE NAME ADDRESS CITY STATE ZIP CODE NAME ADDRESS CITY STATE ZIP CODE SI-200A(REV 01/2013) Page 2 of 2 s. ° � State of California ° 1. 7 - 9 9 0 6 6 5 - f Secretary of State �7 Corporate Disclosure Statement FILED Secretary of State (Domestic Stock and Foreign Corporations) There is no fee for filing the Corporate Disclosure Statement. State of Catifomia IMPORTANT—PLEASE READ INSTRUCTIONS BEFORE COMPLETING THIS FORM MAY 1 1 2017 1. CORPORATE NAME - Southern California Edison Company C0057827 This Space For Filing Use Only Independent Auditor 2. NAME OF THE INDEPENDENT AUDITOR THAT PREPARED THE MOST RECENT AUDITOR'S REPORT PricewaterhouseCoopers 3. DESCRIPTION OF OTHER SERVICES,IF ANY,PERFORMED BY THE INDEPENDENT AUDITOR NAMED IN ITEM 2 See note under D 4. NAME OF THE INDEPENDENT AUDITOR EMPLOYED BY THE CORPORATION ON THE DATE OF THIS STATEMENT,IF DIFFERENT FROM ITEM 2 Directors and Executive Officers 5. NAMES OF DIRECTORS COMPENSATION SHARES OPTIONS BANKRUPTCY FRAUD 1) Pedro J. Pizarro,.EIXCEO $ 5,611,596 21,467 192,621 ❑YES ONO ❑YES ONO 2) Kevin M.Payne, CEO* $ 1,804,284 4,217 37,677 DYES ONO DYES ONO 3) ]agjeet 5. 8indra* $ 270,157 1,926 - DYES ONO ❑YES ONO IF THE CORPORATION HAS ADDITIONAL DIRECTORS,COMPLETE ITEM B OF THE ATTACHMENT(FORM SI-PTA). 6a. NAMES OF EXECUTIVE OFFICERS COMPENSATION SHARES OPTIONS BANKRUPTCY FRAUD 1) William M. Petmecky, III, SVP/CFO $ 855,845 1,720 15,471 ❑YES ONO DYES ONO 2) Ronald 0. Nichols, President $ 1,058,675 2,349 21,049 ❑YES ONO ❑YES ONO 3) Russell C. Swartz,SVP and GC $ 1,060,073 2,322 20,993 DYES ONO DYES ONO 4) PeterT. Dietrich, SVP* $ 1,451,295 3,079 27,836 DYES ONO ❑YES [ONO 5) Maria Rigatti, EIX EVP and CFO* $ 1,755,466 4,963 44,397 [-]YES ONO DYES ONO 6b. CHIEF EXECUTIVE OFFICER(if not named in 6a) COMPENSATION SHARES OPTIONS BANKRUPTCY FRAUD DYES [—]NO ❑YES ❑NO 6c. ADDITIONAL EXECUTIVE OFFICERS(if not named in 6a or 5b) 1) ❑BANKRUPTCY ❑FRAUD 2) ❑BANKRUPTCY ❑FRAUD 3) ❑BANKRUPTCY ❑FRAUD IF MORE SPACE IS NEEDED,ENTER ADDITIONAL INFORMATION IN ITEM D OF THE ATTACHMENT(FORM SI-PTA). Loans to Members of the Board of Directors 7. NAMES OF DIRECTORS DESCRIPTION OF LOAN(INCLUDING AMOUNT AND TERMS) 1) 2) 3) IF THE CORPORATION HAS MADE ADDITIONAL LOANS TO DIRECTORS,COMPLETE ITEM C OF THE ATTACHMENT(FORM SI-PTA). Additional Statutory Disclosures 8. Has an order for relief been entered in a bankruptcy case with respect to the corporation during the preceding 10 years? ❑YES Q NO g. Has the corporation or any of its subsidiaries been a party to, or any of their property been subject to, any material DYES ONO pendinglegal proceedings,asspecified b Item 103, Part 229 of SEC Regulation S-K? If es, attach a description. 10. Has the corporation been found legally liable in any material legal proceeding during the preceding five years? If DYES ONO es,attach a description. 11, By submitting this Corporate Disclosure Statement to the Secretary of State,the corporation certifies the information contained herein, including any attachments,is true and Correct. Michael Henry o9 Assistant Secretary TYPE OR PRINT NAME OF PERSON COMPLETING THE FORM SIGNATURE ' TITLE DATE SI-PT REV 01/2013) APPROVED BY SECRETARY OF STATE .. 4 10 �1, 1 - 990665 State of California W�, = Secretary of State o lJF�! �.r opw Attachment to Corporate Disclosure Statement (Domestic Stock and Foreign Corporations) This Space For Filing Use Only IMPORTANT — READ INSTRUCTIONS BEFORE COMPLETING THIS FORM A. CORPORATE NAME Southern California Edison Company C0057827 B- Additional Directors(Continued from Item 5 on Form S1-PT) NAMES OF DIRECTORS COMPENSATION SHARES OPTIONS BANKRUPTCY FRAUD 4) Vanessa C.L. Chang $ 293,363 1,926 - [DYES ONO ❑YES ONO 5) Louis Hernandez,Jr. $ 122,787 917 - ❑YES 0 NO []YES J❑NO 6) James T. Morris $ 218,250 1,926 - ❑YES ONO ❑YES ONO 7) Richard T. Schlosberg,III* $ 312,150 1,926 - []YES ONO []YES 0 NO 8) Linda G. Stuntz $ 257,184 1,926 []YES ONO []YES ONO g) William P. Sullivan $ 278,291 2,145 - ❑YES ONO []YES ONO 10l Ellen O.Tauscher $ 252,133 1,926 ❑YES ONO ❑YES ONO 11) Peter J.Taylor $ 276,032 1,926 []YES ONO ❑YES ONO 12) Brett White $ 312,013 1,926 - [-]YES ONO ❑YES ENO 13) Theodore F.Craver,Jr.* $ 8,659,905 42,297 382,571 []YES ONO ❑YES ONO 14) ❑YES ❑NO OYES ❑NO 15) []YES []NO ❑YES []NO 16) []YES ❑NO ❑YES []NO 17) []YES ❑NO ❑YES ❑NO 18) []YES []NO []YES ❑NO IF THE CORPORATION HAS ADDITIONAL DIRECTORS,ATTACH ADDITIONAL PAGES AS NEEDED. C. Additional Loans to Members of the Board of Directors(Continued from Item 7 on Form SI-PT) NAMES OF DIRECTORS DESCRIPTION OF LOAN(INCLUDING AMOUNT AND TERMS) 4) 5) 6) 7) 8) IF THE CORPORATION HAS MADE ADDITIONAL LOANS TO DIRECTORS,ATTACH ADDITIONAL PAGES AS NEEDED. D. Additional Information(Please reference item number from Form SI-PT or Form SI-PTA, as applicable) See Attachment A LSI-PTA (REV 0112a13) APPROVED BY SECRETARY OF STATE 10:- 990665 SCE Attachment A Item 3: Other services provided by the independent auditor were: assurance and services related to the performance of the audit or review of the financial statements; other attestation services related to the audits of certain special purpose statements and agreed upon procedures; services provided to support compliance with federal and state and tax reporting and payment requirements, including tax return review and review of tax laws,regulations or cases;review of registration statements and issuance of comfort letters for debt issuances and an annual subscription to an Internet accounting research service. Southern California Edison Company (SCE) is a subsidiary of Edison International (EIX). Item 5 & 6: Re-elected, non-employee Directors could elect to receive either shares of EIX Common Stock or deferred stock units, or any combination of stock and deferred units for their 2016 equity grants. The number of shares granted is determined by dividing$135,000 by the closing price of EIX common stock on the date of election. Each deferred stock unit represents the value of one share of EIX Common Stock. Annual compensation shown for Directors includes all retainers and fees paid or deferred in 2016. Annual compensation shown for the officers includes (1) the aggregate grant date fair value of restricted stock unit awards reflected in the"Shares" column, and (2) the aggregate grant date fair value of stock option awards reflected in the "Options"column, each computed in accordance with FASB ASC Topic 718. * Kevin M. Payne became SCE CEO and Director on 6/1/2016. He was previously SCE Senior Vice President. * Jagjeet S. Bindra, Director retired on 4/27/2017. * William M. Petmecky became SCE SVP and CFO on 9/30/16. He was previously SCE VP and Treasurer. * Peter T. Dietrich left SCE on 1/120/2017. • Maria Rigatti became EVP and CFO of EIX on 9/30/2016. She was previously SCE SVP and CFO. * Richard T. Schlosberg, 111, Director retired on 4/27/2017. * Theodore F. Craver, Jr., Director and EIX CEO retired on 9/30/2016. ATTACHMENT 2 3 Local Assistance Procedures Manual EXHIBIT 14-F UTILITY AGREEMENTS Exhibit 14-F Utility Agreements UTILITY AGREEMENT (City of Pam Springs) UTILITY AGREEMENT County Route P.M. Project# Indian Riverside Canyon N/A CP 01-11 Drive Fed.Aid.No. BRLO-5282 (017) Owner's File Project# 813, TD859848 Design No. 599473 0.01 Federal Participation: On the Project: N Yes ❑ No On the Utilities: ® Yes ❑ No UTILITY AGREEMENT NO. The City of Palm Springs hereinafter called"LOCAL AGENCY"proposes to Widen North Indian Canyon Drive and Replace the Bridge over Union Pacific Railroad between Garnet Avenue and Palm Springs Station Road,in the City of Palm Springs,Riverside County,California. And: SOUTHERN CALIFORNIA EDISON hereinafter called "OWNER," owns and maintains overhead electrical facilities; within the limits of LOCAL AGENCY's project that requires relocation of said facilities to accommodate LOCAL AGENCY's project. It is hereby mutually agreed that: I. WORK TO BE DONE: In accordance with Notice to Owner No. 1309-4 dated November 13, 2017, OWNER shall remove and/or relocate the Facilities as identified in Exhibit A (the "Work"). All Work shall be performed substantially in accordance with OWNER's Plan No.599473_0.01 dated August 2, 2016,consisting of 5 sheets, a copy of which is attached hereto as Exhibit B. ,, Deviations from the OWNER's plan described above initiated by either the LOCAL AGENCY orthe OWNER,shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by LOCAL AGENCY and agreed to/acknowledged by OWNER, will constitute an approved revision of OWNER's plan described above and are LPP 07-04 Page 14-27 September 28,2007 1 4 Local Assistance Procedures Manual EXHIBIT 14-F UTILITY AGREEMENTS hereby made a part hereof. No work under said deviation shall commence prior to receipt by OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. II. LIABILITY FOR WORK Existing facilities are located in their present position pursuant to rights superior to those of the LOCAL AGENCY and will be relocated at LOCAL AGENCY's expense under the provisions of Section 704 of the Streets and Highways Code. The existing facilities described in Section I above will be relocated at 100% LOCAL AGENCY's expense and Oda OWNER's expense in accordance with the Liability Claim Determination Letter, dated November 9, 2017 which has been provided by the OWNER and is included as Exhibit C. III. PERFORMANCE OF WORK OWNER agrees to perform the herein-described work with its own forces or to cause the herein described work to be performed by OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore; and to prosecute said work diligently to completion. Pursuant to Public Works Case No. 2001-059 determination by the California Department of Industrial Relations dated October 25, 2002, work performed by OWNER's contractor is a public work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirements, OWNER shall verify compliance with this requirement in the administration of its contracts referenced above. IV. PAYMENT FOR WORK LOCAL AGENCY shall pay its share of the actual cost of the herein described work within 90 days after receipt of OWNER's itemized bill in quintuplicate,signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission (PUC)or Federal Communications Commission (FCC), whichever is applicable. It is understood and agreed that LOCAL AGENCY will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to LOCAL AGENCY for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills for costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. LPP 07-04 Page 14-28 September M,200715 Local Assistance Procedures Manual EXHIBIT 14-F UTILITY AGREEMENTS Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by LOCAL AGENCY of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. OWNER shall submit a final bill to LOCAL AGENCY within 360 days after the completion of the work described in Section I above. If LOCAL AGENCY has not received a final bill within 360 days after notification of completion of OWNER's work described in Section I of this Agreement, and LOCAL AGENCY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities; LOCAL AGENCY will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges, to the extent allowed by law that all remaining costs will be deemed to have been abandoned. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, LOCAL AGENCY shall not pay final bills, which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from OWNER. If the final bill exceeds OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an amended Agreement shall be executed by the parties to this Agreement prior to the payment of OWNER's final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of LOCAL AGENCY. Detailed records from which the billing is compiled shall be retained by OWNER for a period of three years from the date of the final payment and will be available for audit by LOCAL AGENCY, State and/or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR Part 101, 201, et al, and, to the extent they are applicable to OWNER doing work on the project that is the subject of this Agreement, the Contract Cost Principles and Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645, and 2 CFR Part 200 et al. If a subsequent LOCAL AGENCY, State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse LOCAL AGENCY upon receipt of LOCAL AGENCY billing. If OWNER is subject to repayment due to failure by STATE/LPA to comply with applicable laws, regulations and ordinances then STATE/LPA will ensure that OWNER is compensated for actual cost in performing work under this agreement. The estimated costs to local agency for its share of the above described work in Section I is $ 858,000 LPP 07-04 Page 14-29 Septembeir,2&,2007 ti Local Assistance Procedures Manual EXHIBIT 14-F UTILITY AGREEMENTS V. GENERAL CONDITIONS All costs accrued by OWNER as a result of LOCAL AGENCY's request of March 21, 2012 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. If LOCAL AGENCY's project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, LOCAL AGENCY will notify OWNER in writing,and LOCAL AGENCY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. OWNER shall submit a Notice of Completion to LOCAL AGENCY within 30 days of the completion of the work described herein. LOCAL AGENCY will acquire new rights of way in the name of either the LOCAL AGENCY or OWNER through negotiation or condemnation and when acquired in LOCAL AGENCY's name, shall convey same to OWNER by Easement Deed. LOCAL AGENCY's liability for such rights of way will be at the proration shown for relocation work involved under this Agreement. It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement. It is understood that said highway is a Federal aid highway and, accordingly, 23 CFR 645 and 23 U.S.C. 313, as applicable, is hereby incorporated into this Agreement by reference. However, OWNER represents and warrants that the non-domestic iron and steel materials used on this relocation do not exceed one-tenth of one percent (<0.1%) of this Utility Agreement amount, or$2,500, whichever is greater. If, in connection with OWNER's performance of the Work hereunder, AGENCY provides to OWNER any materials that are subject to the Buy America Rule, AGENCY acknowledges and agrees that AGENCY shall be solely responsible for satisfying any and all requirements relative to the Buy America Rule concerning the materials thus provided(including, but not limited to, ensuring and certifying that said materials comply with the requirements of the Buy America Rule). AGENCY further acknowledges that OWNER, in complying with the Buy America Rule, is expressly relying upon the instructions and guidance (collectively, "Guidance') issued by Caltrans and its representatives concerning the Buy America Rule requirements for utility relocations within the State of California. Notwithstanding any provision herein to the contrary, OWNER shall not be deemed in breach of this Agreement for any violations of the Buy America Rule if OWNER's actions are in compliance with the Guidance. LPP 07-04 Page 14-30 September 28,2007 1 ^t a Local Assistance Procedures Manual EXHIBIT 14-F UTILITY AGREEMENTS IN WITNESS WHEREOF,the above parties have executed this Agreement the day and year above written. LOCAL AGENCY OWNER CITY OF PALM SPRINGS, a California charter city and municipal corporation By: By: David H. Ready Carolyn Hensley City Manager Senior Project Manager Date: Date: ATTEST: By: Anthony Mejia City Clerk Date: APPROVED AS TO FORM: By: Edward Z. Kotkin City Attorney Date: Distribution: 1)Owner,2)Utility Coordinator,3)DLAE—File,4)District Utility Coordinator—File LPP 07-04 Page 14-31 September 38,2007 u rRG. a , CD co +_ N C t_ rF x IL U (nUJI C a. � T Exhibit "B" Y aeJ i J I 'YS'R r 3i .., wwCIgNCC YSt .....e..wr.w....e < va 4se Y{ WV � CgRNAr A✓F �.Fa.r „ - Yet =�Sr r=:' . 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SOL]III H,(At UORNI E D 1 S O N Marten Casas Project Manager ti„1,„1,1, L, 11 Transmission Project Delivery November 9, 2017 City of Palm Springs Attn: Marcus Fuller 3200 Tahquitz Canyon Way Palm Springs, CA, 92262 SUBJECT: Relocation Liability and Cost Estimate Letter Southern California Edison ("SCE") Distribution Facilities SCE Project ID#:813 Agency's Agreement Number 01-11-14 Project Location: Indian Canyon Drive Dear Marcus, The following is a breakdown of the relocation costs for the Distribution facilities that are in conflict with the City of Palm Springs proposed Indian Canyon Drive Widening Project between Garnet Avenue and Palm Springs Station Road.The rights of the subject SCE facilities have been verified by SCE and indicate SCE's facilities are in an easement position. SCE facilities are to be installed in accordance to the alignment reflected on SCE's Design No. 599473_0.01 and approved by Agency on November 9, 2017.A copy of the Final Design is attached for your use in the Utility Agreement.Additional work may be required based on the final construction and relocation plans. A breakdown of costs is listed below for the following Edison Facilities. Distribution WO Number:TD859848 Labor: $ 187,000.00 Materials: $305,000.00 Contract: $372,000.00 Salvage: ($) (3,000.00) Depreciation: ($) (3,000.00) Total: $858,000.00 City of Palm Springs Total Liability(100.00%): $858,000.00 SCE's Total Liability(0%): $0.00 This estimate is valid for 120 days from the date of this letter, after the 120 day period, it will be necessary to update the costs. 300 N. Pepper Ave. Rialto, CA 92376 25 909-820-5633 marlen.casas@sce.com Exhibit "C" Replacement/new rights rights will be required for all existing poles currently in an Easement position. If City of Palm Springs is in agreement with the above claim, please prepare a Utility Agreement for the amount of$858,000.00 and forward it to my attention. Please contact me with any questions at (909)820-5633. Sincerely, Senior Project Manager signing on behalf of Marlen Casas Project Manager Transmission Project Delivery Project Management cc: Robert Castillo Carolyn Hensley Leonor Loera Mike Tavis Jeffery Goad Project File L L� Page 2 RELOCATION CLAIM LETTER TO OWNER-REPLY "EOUESTED CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING 3200 TAHOUITZ CANYON WAY PALM SPRINGS, CA 92262 TEL: 760.323.8253 PROJECT TITLE: Interim Indian Canyon Widening UTILITY NUMBER: SOUTHERN CALIFORNIA EUISON DISTRIBUTION March 21, 2012 Southern California Edison -Distribution 9500 Cleveland Avenue Rancho Cucamonga, CA 91730 Attn: Amber Wright An electronic set of the project's updated plans (including layouts, profiles, grading, utility, and bridge plans)covering the proposed roadway widening construction project on Indian Canyon Drive will be provided as soon as they are completed . Proposed construction will include the addition of two lanes on the east side of Indian Canyon Drive between the UPRR Overhead and Garnet Avenue Your Company's electrical facilities are within the project and may be affected by planned construction. Please submit the following information to David Layne at Dokken Engineering [Two BetterWorid Circle Suite 120, Temecula,CA 925901 for review prior to March 30,2012 so a Notice to Owner, Encroachment Permit, if necessary,a Utility agreement can be prepared, if technical design information is needed or you should have any questions, you may call David Layne of Dokken Engineering at 951.506.8895 Your cooperation is appreciated. Sincereiy, Marcus L. Fuller, PE, MPA, PLS Assistant Director of Public Works/Assistant City Engineer Enclosures: 1 Relocation Claim Letter to Owner Response Form 27 RELOCATION CLAIM LETTER TO OWNER-REPLY REQUESTED SUBMIT To: DAVID LAYNE DOKKEN ENGINEERING TWO BETTERWORLD CIRCLE SUITE 120 TEMECULA,CA 92590 TEL 951.506.8895•FAX: 951.506-8897 PROJECT TITLE: Interim Indian Canyon Widening COUNTY ROUTE: --- POST MILE: --- UTILITY NUMBER: COMPANY: Southern California Edison - Distribution REPRESENTATIVE: Amber Wright The project is currently scheduled for construction—Summer 2012. Based on the same schedule, the Notice to Owner to relocate your facilities will be issued on or before June 1, 2012, Submit one (1)set of your relocation plans with related easement requirements, and any changes to the existing facilities as shown on the State's plans. • Submit an itemized estimate of cost which includes a breakout for labor, material, transportation, equipment, and administrative overhead. If you will be requesting a lump-sum Utility Agreement, provide an itemized estimate which includes a detailed breakdown of the above-mentioned items or an invoice with total amount due. YOUR LIABILITY CLAIM: City = i C0 % Owner= % APPROXIMATE NUMBER OF WORKING DAYS REQUIRED FOR CONSTRUCTION (include any construction windows you may need): — DATE FACILITIES WERE 7 INSTALLED: ZOO UTILITY OWNER IS: Public ❑ Privatef EXISTING UTILITY FACILITY IS LOCATED: Yes No 11 In existing State Highway right of way? )Q ❑ 21 On other public way, i.e., city street? ❑ 31 On private property? ❑ 41 Intersecting installation? ❑ 5] Longitudinal installation? ❑ 23 RELOCATION CLAIM LETTER To OWNER—REPLY REQUESTED UTILITY OWNER'S AUTHORITY FOR INSTALLATION: ❑ Fee-owned land* Recorded easement* ❑ Unrecorded easement* ❑ Prescriptive right* ❑ Joint Use Agreement(JUA) or Consent to Common Use Agreement(CCUA)* ❑ Franchise ❑ State permit ❑ County permit ❑ City permit ❑ Joint Pole Agreement ❑ Other(describe below) * Please provide a copy of your documentation to support you occupancy rights claim. THE WORK WILL BE PERFORMED BY: (check those which apply) The utility owner's forces: The district has determined this is cost-effective and has verified the owner is qualified to perform the work in a satisfactory manner with its own personnel and equipment. ❑ The utility owner's continuing contractor: The district has determined this is cost-effective and verified the contract between the owner and the contractor is in writing and that similar work is regularly performed for the owner under the contract at reasonable costs. ❑ Competitive bid contract: The owner is not adequately staffed or equipped to perform the work with its own forces.The district will verify that the utility owner will award the contract for the work to the lowest qualified responsible bidder based on an appropriate solicitation. ❑ State's highway contractor: The utility work is to be included in state's highway construction contract. The district has determined this is the most cost-effective method zi,-t.-t- ignature Date zD CORPORATE REAL ESTATE October 29, 2010 Joshua Leibelt- Planner Palm Springs S/C SUBJECT: RIGHTS CHECK ONLY LIS-34585 City of Palm Springs— Requestor 1309 Indian Canyon Notification #: 201154179 Service Order#: 800594457 A search of our records indicates that subject overhead facilities shown highlighted in Yellow on attached Facility Inventory Map Nos,-14300 908-1 and628-1908-1 appears to be covered by two Grants of_Fasemerit,, a R.R. License and a Grant Deed, shown plotted in various colors_Qn said facility maps. Said documents were all recorded in Official Records of the'County of Riverside. The recording information is as follows: SCE Doc. Recording- Instrument Book= =i -Page Color Code No. Date No. 240683 11/16/1948 1867 1027 213 Blue 241109 1/18/1949 1936 e1045 186 Purple 253682 11/17/1960 98113 r= 2801 132 Green 272522 Executed 1/4/1967. ------ ----------- Light Green We are therefore entitled to reimbursement for relocation costs, together with replacement right of way for any.J,agilities installed under said documents. Please contact Spectrum. Ladd Services, at 714-568-1800, to coordinate acquisition of the new rr-0 of way. Please add $6.50.00A90 our work order to cover this Department's charges in processing this request. If you have any_ questions, please feel free to call me at PAX 24474. Timothy Lowry Rea -:Properties Title aftd Real Estate Services 3Q cn 7-4� Nil, 1 flo c� o- x `I I I i ii0 `Amow) £ a9chz .. a \\ � , a �1 3 1! 1,1 4'I ! �rgobl `$29 fl a; nade t-.lt .L/Li� A_day of I*A,^�A"o 1%8, b7 ►r. �•+r ,:."'i '4 A_PMJUL cad 11'L'04JI ir, YRIU 11M Fsm-NIZir Zd wil'a, ^C " w Sprints, Rivoreide County, Calif>rria, Par-tiow of ire rirst rr,t •�, sr.;.: CATSrL'fcttTl ltJSC'RT:' Ptxm o mfl, an elaetriaal ;,'Abli r: ;razlx , Party of the eras+ part .nd :irantae, ':..t tax wary WA Mors for am to �:*"Jdsrstioa of the otim ( :'en Ilion In fund :,aid try tks sold Oront *, the reosipt wr•rrr•of eti� a:kn.wlaciKed, io, by these presents„ drmt, "Main, sell area ::on- K, hs said Jraater, CaiifendA YLeotric Prier CeMpW, its wucassaors aarigrt, all •.hat certain pa 002 sad strip of lard and real property +rtu- ate <. 'rss ".nLwty of Itiwareids, state of Californiar described a- fill-m a:r,i strilr of 14M 117 foot aide in the Uorthwat ''rorthmat 44&mor i.VIR) of Uctian ??, Rarstdr► L 1'atst, S. N. A. S ri,, sloe pani .rly d►+miffed ty mat-am and trounrtt a.. flrllcrrsr Netimiryr at trio northwett tearer of said .:action 1) and n,nr.inc taa,me South C' 08, 10a West along the ,seat line nT said U.etice 23, a distar.tc of 629.35 foot to 1 the true pro:nt of b raj6jg of the astes card bounds sea•• rril'ticn of tka! praprtf lxrsin eoa+egrd and raetttag tho v,-r l f,tt4 3tl' !ant a distaaec of 3A.90E feet to a px iirt <r '.:ns watt 11ne of t!e Oarnot tlactri.; SUbstatiort lard and real Property td too tlrsatW harain dearribed in dcad 5atad i r•trruary ), 191f:, frM Srutlsari Pacific land Ca@Warq to Elsa Nevada-'a&Worrtiaa 91#46V o OorpoMticn, recorded Pehruar7 m. 19jAvoLn iw* j" at official ltraccrrlr, page 49L, at a t records of Ri1P1wside ,Oowat,)I Casllforarisr tMrere so+:th 0' J V, wool a elst.aase of llt.6tt far" to the sout.kow"t tsmear l of $ail .inmet subetatdon Prapar'tlrr ttorree 3cuta 88' 41, seat a Siatarace of 1108.96 feet, sort or lows, to a, paint ow the seat iiss of said 3a41•1or P31 the~ MsrU 0' Oar )Lp Uat Y :1ang said rnsf: sloe Of 300WOr r), a distwcee st Ur oh beet !! to said tru,t purist of of said ones and hemnew ANerSptian; strrstalalat airs cure, sore ar leas. Rt.J IL AM >s'l UITTIM wKe Us firawtnrc rbrrlay tlrir 1r1se, see- j nasaarw and artUms a r,141M. Of OW asI earelaent fw roadney and trowel Pw- ' su :+levee, r and alory; the was% 49 fleet of Ver abase Sec rib" posed and � EEE *t; 4 1 a: also XUM W. AM ■P WW W MU said ftUVW s, tksiar k"M;l k r v c saeors usd �sar, a rigor of +q MA edsawlrk fer rs►dss� and tre I P I "see Won. aver and *,crass the bait �,o !Mt of the west nw, feet of too wreq , scrit+tl ;;.r-esl and rtrtln of la Wl it rig" imakeriWOel„ #Vwo&A 4*d end sired 11 y .ht 37,r;wor., for re me&m1wee, t►rs11r kaiser s mtseSeoo MA 4004sa, trtat •ail { ss.sr.ra an: tso"ted rigM of rats, and oeowantp. end We essecoise, "a Isar { t 3 f '2ra e i l 7 N MID➢l&M. M1 and R11Ratt tr XAMO Lab halls" a.eIMO for a yet wool a c Iftratioo, raceIVI aaerso► is he Oft acaaealsaps, a,_asner Not M CAL IfItIIA ELEC72IC POWER COW ANT, a cow atlea,armt.r, 04 aertete rest eweerg etbab Is tM tawN of Rlvorolds , stow of Cid Ift le, "WHO as ftela t A portion of the RorVnost Quarter (Mj) of Boation 23, ToatWiP ) Aosi;e, RsaRS 4 Fast, Sae Bernardino lase sad Maridian, rove pertieslarlr alesarib" as follows Beginning an the Southerly line of the spate 21ghmar ript at MV ea deaeri►d in Deed recorded My 9, 1922, in Book 570 of Dsod�, page 41, &~do of liwti&. Canty, California, at a point Roach 76' 170 30e seat, 700 feet fry tLe Intersection with the Vest lie of said Section 23, said Point of besimm" being tee corer of that certain parcel of lard oorvoret 117 Soerbsrt Pbifie Lad tiegraa/ to The Nevada-California Electric Corporation br Deed ros;o~ Prbrearr 16,ar 1938, ten" In look 364, page 494, Official Rseveis of Rieslda Censor, 0011forniec, and r�tntsg !hence along said Highway right of mar line Bode 76' 171 700 Rtrt, lYn.9 foot to the Northeast earner of that oertaln ,parcel of land omrayd br walla SWIM to Charts W. Wilson by Dead recorded lYreh 13, 1947, is loab 021. ptp 152, Official Records of Riverside County, California) theme Ssafh 0' fM, )Oe Nast, along the East line of said parcel of land conveyed to Charles V. Wilson to its Interseetian with the Easterly extension of the Southerly line at asid parcel of Ltd conveyed to The Nevada-California Electric Corporation; thence South 88' 411 Worts Nang, said Easterly extension to the Southeast corner of said parcel; thence slow the East liter of said parcel North 0' 081 306 East, 319.5 fast to the point of beginning. s Bated let Z/ / / !a 57 i STATE Oi CAL lfaslA ONES , FLUM OWL Alf ItSiRW�T 79 COUNTY OF � F (1434 DhA menu c I to is IQ4& day of f Sr r Snow FOR RECORDER'S USE M&Y Were ere, the undaraign • rterr ►ral lc in rW for uid County aM !tat a, part eally appeared k vo to r to be tee wrm"A _who" Maa/,c-M.0 T a<l^ weee rlaW b tern ritA3n iMtraient rid actnwiNead that aeacrtM the ear. y N11111,S a7 AMI eM otflclal ow). fp!s�$ A a IJA (t nt��Ia.EJac � • iaia arwr an etaoe at .` a tint le.. er "' la ZSo1113Z NOW ale raeit.. rest try.rt�t. 01111r.., i�_ • —T' wi► etaatestl tr s wefrpetaarewwr MWO a4aead is wm eraa"a/rA da_.Y+ap we* Ytrt 9rtSOl d Kam 14 tares OUR►Nv. a+erps Mti oa sm. wm closes rim ►'+r'1 albow" Is w amay at Ntaa.Na . ar.N pt lh+sla, iacrNw a +Maas: so to as mm"O at "swam of Ntm N►egw-- %ref, ,. Sect+cat 21, 7taMdift 3 Mtn. Nop t fit, i.a.a.i Sl., levN peramiaely 60OW A so !elides: Al 6 1m'!al %% t"vawst 1la& sl said MattA 13, atetant t1lI C tomb felt 10.39 lest ft9M tM L %bMft swrrc Of ►cod Steno" 33. (.sit 3same of aaadataf baler airs ::is s6gja! t saes of 09e11 aG let 1.12 fall It& fed 17 Owed altmrplims aM taelfa f, llr*sltss. Uaies1 alff, fa Osllrnsis tiwseru rosor Osaptp. a oe►yet Mtes, by reed srtMdmf itOtmf f. IM is fsni 1062, WW 2ri, Offieiol arear4 of tiworalaa 0m1flaarrs). and a'amaime aimmsa aley the vast lift of aKe section 23 tot& ar a, !P owe 40 moots Obame Nosey me 611 east. tosalie! to the femdm% 1lae of tit 0tamt tlossrte Oebtattes 1aM art mal lasrert7 of fai2fomw s alembru wmtr Gempaw, f dlatasmm of M.07 feet; tkooae womb OF 01 W @M. 909all4 to the OW tine et sail !mattes 23. A dtaGaae of *W sum as Ow Smadmist so mor of that sortua lsmd sea teal vropottI tramtot il' fmwld Nawmlrmm and OMU& a. Nmrfptiwe, bwAMA WA wits, to Califerwta tilmaamis some, Oamtow, a oos}orstam Co, by Coed 'I . JW4 21, 1157 is sea SM. tank M, Offidal Ntaow. at Niaotstdf 0smatf, Ooliferffos tYesoa close the OOrabe7N Timm of said on—at slaatris Mstatitm lamd sac ne: !Marty of WOilmmda alestris boor hm0q. Oasay fta 41' vast tam.07 fast to the Dds of is�. mmnftfmN a"vesleJiy fps sot/ a.`sos dasarilied and Oatsim Crested pvnies of Nis wsWmmra 11oemtet of Na Nottiasot Qualtur of sold Oootien 27, tko "StarIT 20 fmmt ,aommaf, smell vasaaslt 34 moot Nift a }reties of Vassal 2 Maarl.bw in w*.d in*tetrad 10WVtiao sad fesir N. IbmOmlWo. kmaboa amd rife, to eke � m/ absoNdw. 0tfb of wtewraim, sot nanedmd Jaly 15, 1754 to book gg r „MNO! M LOf AM0ELM fade,rarer', rites'MMt Mlle tmttalMwt 7ti yt{ � oul�afatr► cu�ic >� oaram>r�yti --`�6am ice. aMm smtwmm _ rs'_tf. w mi. s M M NswmiK _ to •Atr avow roo recomoemi► USE ONLY M+ra r, w aae.psl►eN, a artr� aael lc is eta rar plc twit ar NOtt, toraaYlip aaoMret r A firm!!!' art lsahk t, d a4fa. aes Y r M Y we aaraaRl.._aeaw a.sea j -LAW < a 'came Y we antMS ia..rasst r .cwwaaa y q teat W� ayaees w ac... JJ ij! l� Fi M�af r,e efSJa�aa .�i L� r amssraNu 35 17 Aft*rrec^rc?- di'.'ver to: n a_ ti RM!'IQ.ZrtIC>1•dCC2PTINC 11® Up= awtian of seconded by Sup- Frviaor u_ '.a:^vr , and dtky oarried, the follarinf renolutior waa adoptAd, to wit: ' a HR = RMOLVW By tkmrBoard of 3upe+ioors of the County Of Fti►ez�aide, State of California, in roCulcr seosion Assembled MAS `-- day of �; l� yi. tIUI the --- deed, datod the _ .n,, of 7 to tho County cf `riverside, State of Cel'_ier::5a, bo, and. tt .,: tiere.:y�; arccptod, and -� B2 rT PV-.;..M R:ZCLV69 that a awy of this roscluclon to attorl.ed to sail doe,, an.i that the sn-•ro 7,_ re, r~ corded in the office of the County Tlecorc.cr cf 'the County of "veru° Calitor..ta, and thou filed in the roaoc•,r LAS rs)ard. MOR W OLI.IIFClt>QIl ) ;, ea. CDU![1'! OT EITT<ieIDR ) I, a. A. Pn tTR UT, County' Clorl: and'M" ?fficio cl J:^]: ci :. 14 d Doat•d of Suparvisors of raid Cdkusty, horoby car%LfSj the ford,_u.a to r ; Le a lull, true acid correot oppy of thg ;,ozolution accopt::,; t:.a ciy-.:i , etWa and heneto• acid onto,ed on the ay of _?_ ica Ibok .of;-Supervivors' Mnutea, ::t page tlrsro..f, ' IT -TFTU=S ti0l, I havehar< unto not aq hand on.1 r.ffia my official seal this day of '1 G . t W 36 40 .11S8 494 n 3I D E 9 D . I � ItLrul.Ai i &.MLA:UlIU3 � t of t:;e Cow,ty of State of Ca4Sornia, for ad in the act•,44 consideration of the a= of Aa Dollar to them in hand paiu, the receipt of uhlob Is hareby ac1chowledged, do herein grant to the COUNTY OF RIViSt_IDE, STATE OF CAI.TFORNlls the following described property situaba Inthe County Offti.vereide, State of Californa, to-wits r a s PARCEL 1 A el of land /4 l/ pare lying within the NgFl of the NF>. 4 of Sad. 22 t 3 S., S.F.B. & M., more partioularly described as followas A parcel of land 50 feet in right angle sedth, lying westerly of and contia- ! t:.cws to the ems terly line of sadd NE-1/4 of`the NB-1/4 (if Sec. 22, T. 3 S., B. 4 E._, ' r ` a EXr Pf INC a-yy portion of thaw above described 50 foot wool of lore whi 0fi lies northerly of the southerly right of ray line of the California Stab Nilrhwgy_, Route 26, Section D, as shown on plans approved December 5, 1921. I ■ PARCEL 2s A parcel of land lying within the W-1/4 of the NW-l/L of Sec. 23, 3 S., T. z.�S.B.H: & U., "re partic"arly described as foll6wes A patyal of land 50 feet in ri,*At angle width,lying easterly of and contigagus to the msstsrly line of said NW-1/4 of the W-1/4 of Sec. 23, T. 31S., R. 4 E., S.c.S.M.i W.D`T1Ma any portico of the above d•scribed 50 foot parcel of land which IIto northerly of the soetha}ly right of way Line of the California State tiighsnq Route 26, Section D, as shown on plans approved Decoo er 5; 1921`; ALSO !a40,71 Nt?,uW portion of said 50 foot parcel of'land which Las withtn that certain paroel of land a4meyed to the California Mactrie Power Company by 4... • Dead recorded January 6P 1969, in Book LOW, at page 228 thereof, records of the He- corder of Riverside County, California, a Paitt:yL• s A�parcel of land lying within the SE-1/4 of the NE-1/4 of Sec. 22, z 4. ! S., 9.B.S. h Y., more particularly described as fo-lowas e , ► ;Steal of land 75 foot In ridhL ani;le ■idLh, lying westerly of and oontir_ uous to the westerly line of said SE-1/4 Of the NG-1/4 of Sec. 22, T. 3 S., R. 4 E., G-mrN6 'shy portion: of the above dwcrlbod 75 foot parcel of tend .taoh 1140 WjUjin the Mght of way of the Southern Parifio kailroad Company. I "wel • 1 .�,a •3: �,o 4fi j'z * t rAiAL y p a� YAr'.0 A parcel of land 1.1n' within the 311-1A of the MA-1/L Of S•ea 23, Y.,�*pre particularly deacribW as lollcwraf . 4:parkel of-land 75 febt in right angle Cdtht lying easterlx of and contir csis to sJ:e ,estcriy line -,I' said 8,W-1/7t Of the: M-1/4 of Sec. 23. T. 3 sat z1 4 d., EACVF'INC arq f rtian of the above descrshed 75 foot parcel of.lana ehSeb iro w;.tr,in the right of way of the Southarp Pacific Railroad Company., Ii, Ls understood thaL the Ura:tors •grantsonly thdL port.ion,of the land covered L..;hc-above descriptionfin which: said Crmht;,,rs'have title or interest, and only to ' Vic, extent of said title or interv2t. - It is fu:ljr understood Ui atr if Pon tru tion of a road 3z not started within twc l.) years Cram pilLe of execution of thle de id, the. property sr.:11 reve}-t to. tr, ,. ..1:;:,wrsi and it is eairessly provtdad t-;It in the event the above ::eaeribed pro,,erty 'is no lon ar used for hih-hwV Nurposasi the land shall.revert to the (jrzntorst, t..eir, heirs[ devisrast o'r iss:rnaa � IN W{i:.rSS 11 ER&OF hereunto set --- hand and sealer . ,j . Ln53 day of 'a__—.__.fit 195 t :ai.. me me ,C) M cc or Stan tt LL -^ , $a a; 'Lj x S u W AAft b•u, r• 1 • uJ•uisu J(. N.tu, .bh.''' � K , ' � . u11ar Wej C4ary•d iue�ep�a.alit}�laasraJ BOARD �� 5 .."*W»da W"kAwq wa..d..a...Mdn+uW JUL 10 iS�J t .Am kk..,.. S li etrnawe.,4.+yW.a.•.1...t C A. r VA t' a , 1 ' i C, 1 " �+6a� s�t:ltxv ar 9�tMearei•tst' _.» _...�ar��,r Y.,... „ . 1t11d dtvl r ron r..! .t.9 ee1.• a a.., #tt s#pbtrA, M w1t: Iv lMriam ht tT.e board of vat wr-r!asra of t" �'. ,W%aT c rtlwi!`alAa. 6fata of GaltMrn!a, 1n rer,ular aaaatoe aaaoo6lad cute 341th day or AIVIl_ 19L1, but tha taa i 40", dtttd Gtva day of Th�ld Ur{tol+ne ani .B1a1M M. tbrgeltua to to Omatr of livernlda, ttata of :alifOrnla, Dc, OW ;t to `vorai.-p aoeoptvd, and b! T! 1RttlSlP ItOOLVAD klaat a copy or thlA roeall3tiar. Da atta.tll,o to aaid tiuSaolaLa &mod, and that the sort Da r000rlid in the offtea of uhe JatreS7r itaaoe•Mr of thr OOutlty or ttlraraids, ^ol?J'ar r to. •gym# °.:^an flle4 is tIve ro"rrla of'thta board. stg.rr OF oiLD�Cfn 3aasrx or nrv�atst�t s; . 3, •. k. !', areshsl C1sr! avert et offla10 016A o' v,: Board Of Sur*Mianro of ;sald +99uvt7, aoraby coesity VA feroyplattt w M a ralk, [raw WA o+vrroot dopy of the roeotvvalan aaAsjtttac lho d"d itrtsatW4 h"U and oatorod net %*a dot of 4a biXi it... a tYNrrnwOra' Mtaaata#, at " 14v sh no Ib aTrJr m idSm*v, r Alive naes�ntg orrat we hkatv:9 rod afr za l offraial •+ar', tltile ._ ,lar 6, ... ......:�..__. ..._, kj� 5.i ii. 1, P�L"Friair Cr_,;llR: i A E t 4 .,.rF tiff. 39 r j s =,h» xuxtjr?c pf '?�, I Junes ° [ 1 I 1''t 1 t: •-r sJ,t :1Y i 7+ 'k: , r ` . -emu..+- .••.1 ` - . rl ..HJ11UD �giBt �e�ll n"1 . :1ryrrUhlus - i,' . , •; sn t',a Crt.n�^ IS!� �tivorsld• , � .. ., n. a,� •: •' I'L'' 1T Ftr9llli "f' it,::C i'%F r _,• 1,. fq.. ',r, 'l.lOtt of L!!o t)ojintp ;3itnol :7:. Shet Pt 0d in 'ror.: �� t•+ ;., . i STATE OF CALZP';Ft'Z1, t .:Spl!111'1 C+ Iil,l -i— L w 0. A. �'t U dl Ail�' i• ' 1. �.'yi Lh f �`.l Yl I'-t•'1w t. r 106rd of supfrlv:9^Ttl of aille { �` .L .`v� •x riL:� l�}te fo -cf—, ' •.,n O {•tll.] ,. tx'td'a •� TJ`e'1^,11..�; ` - l'.," 'J.r Ploeo,:,.' .,'a .•, ,. n, ,:.. z+:bnotted hnroi;o rttnx i r , 21st fit%t oP aari`� .n )look 46 irkl ar} +r4isl onhl ,,',, 2%t t �� _�Janua��_ K.-• lT_.?`'� � { • i �',� tl,` ��y vti 'r � t' .:Nj�w L •t "^W-.r,g.g ti�• y�� Ya i' is�� ,r• 4.0. l;5 tt t2....lnnk t},r,, �R , y ' J4r`q. +l y (.,♦ 3. ..,.1�-+-K 7 j w '- •`� rpit :jt k 1���l', ,�t�tY �4�-5 l -s R '��� j` �"b,�'@,� ,,+�"5u�'^1 r y'�A� �.� .�i�i Y ♦ y�. �a"n��}itStr �•�+ ,��..i��IZPI.U. .ri �i:.w., Zt��ti. �. ter...a � -krw�P�','..T''h�{�" ��°.��-.a -�i��+c:S�': ' r r :r.• �i i(.t act�ka�i t �it+.l.. 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MW aM "d POW $A ttt, -.rttrt.aw tlrtt a►� wiltttr_ tt,.... ap � w w< M � R y 1 J' ATTACHMENT 3 45 STATE OF CALIFORNIA-THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT Receipt 200900795 State Clearinghouse#(if applicable): 2009071044 Lead Agency: CITY OF PALM SPRINGS Date: 11/05/2009 CounlyAgencyofFiling: Riverside Document No: 200900795 Project Trite: INDIAN CANYON DRIVE&BRIDGE WIDENING ProjeclApplicant Name: DOKKEN ENGINEERING Phone Number: Project Applicant Address: 2365 IRON POINT RD,SUITE 200 FOLSOM,CA 95630-8709 Project Applicant: Private Entity CILECKAPPLICABLE FEES: ❑Environmental Impact Report ©Negative Declaration 1993.00 ❑Application Fee Water Diversion(State Water Resources Control Board Only) ❑Project Subject to Certified Regulatory Programs ©County Administration Fee $64.00 ❑Project that is exempt from fees(DFG No Effect Determination(Form Attached)) ❑Project that is exempt fromfees(Notice of Exemption) Totaf Received 2057.00 B Signature and title ofperson receivingpoyment. — ez I1 zr •t-< O II a s 11 n m z w u 'I ..En P ii N (y 3: T1 S®4 II II J..i M r, II k.J it iF G Z: N f..1 C7 11 o a ea E t r M M i* u u ea x I m w m tit •z < m i6 II c r- ri Is ca r n � � w x• �: a+ m z+ Ir n m m m 1 < tr C. W � s sn m It II C7 H 'rl - •b �-+ fi al w +.•Y u rR 1 rn m ch 0 •P N a t H II It 1 m rrl trl ?+ +G ti G. F-1 11 W. R 11 VI 1 1 4 (r C7 df x1 -i 11 u eb 1 I 1 x• N n o � � u u ! 1 1 c7 w ? 11 u I 1 n ue c ro c u II n ! 1 a ra 10 -1 -,r Is II I U N I ,, II 11 11 i C�!'1 c'1 1 w N II 11 ® 1 6 � 0- 1 FJ - N II 11 >aII - zr " 3 4 Notice of Determination Appendix To: From: Office of Planning and Research Public Agency: City of Palm Springs For U.S.Alai1: Street Address Address: 3200 E.Tahquitz Canyon Way Palm Springs CA 92262 P.C.Box 3044 1400 Tenth St. Contact: Marcus Fuller Sacramento, CA 95812-3044 Sacramento,CA 95814 Phone: (760)323 8253 j® County Clerk Lead Agency(if different froth above RIVERSIDE oUN-rY L Comity of: Riverside Address: 2724 Gateway Drive Address Riverside CA 92507 Contact: 6WY W. CLERK Phone: z"�— �" Meyer Deputy SUBJECT:Filing of Notice of Determination in compliance with Section 21106 or 21152 of the Public Resources Code. State Clearinghouse Number(if submitted to State Clearinghouse): 2009071044 Project Title: Indian Canyon Drive and Bridge Widening Project Location (include county): Indian Canyon Drive over UPRR just south of Interstate 10, Riverside County. Project Description: The City of Palm Springs proposes to widen Indian Canyon Drive for a distance of approximately 4,000 feet south of its intersection with Garnet Avenue(south of Interstate 10). The Indian Canyon Drive Bridge,which crosses over the Union Pacific Railroad Tracks,would also be widened. The existing 2 lane road and bridge would be widened to a 6 lane facility. This is to advise that the Cli. of Palm Sorinas has approved the above descijJ1,p�7Y t on Lead Agency or Responsible Agency 'veg DeClafatfOn/111tC LCFjN November 4, 2009 and has made the following determinations regarding the above described projtPCffed Per PR p°211 minatior, (Date) 1.The project[[]will X]will not]have a significant effect on the environment. t,j 1 ❑ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA,NOV o 5 2% j� A Negative Declaration was prepared for this project pursuant to the provisions of CEQARemoved: 3.Mitigation measures[©were []were not]made a condition of the approval of the project-Sy: 4.A mitigation reporting or monitoring plan[®was ❑ was not]adopted for this project. County of Riverside. Dept, Cafilorni 5.A statement of Overriding Considerations[[]was K was not]adopted for this project. State of 6.Findings[®were ❑were not]made pursuant to the provisions of CEQA. "Phis is to certify that the final EIR with comments and responses and record of project approval,or the negative Declaration, is available to the General Public at: 3200 E.Tahouitz anyon Way,Palm Springs,CA 92262 Signature(Public Agcncz�_Ld-, 4 4 Title Assistant Director of Public Works Ass.City Engineer Date e'[z F 7/u/i Date Received for filing at CPR Authority cited:Sections 21083,Public Resources Code. Reference Section 21000-21174,Public Resources Code. Revised 2005 47 ATTACHMENT 4 STATF OF CALIFORNIA—BUSINESS.TRANSPORTATION AND HOUSING AGL-NCY ARNOLD SCHWAR7.ENEGGER,Goyenlot DEPARTMENT OF TRANSPORTATION DISTRICT 8 ENVIRONMENTAL LOCAL ASSISTANCE(MS 1162) 464 WEST 4ra STREET,6TB FI.00R SAN BERNARDINO,CA 92401 Flex.wur power! PHONE (909)388-1804 Be energy gJJrcienV FAX (909)383-6494 TTY (909)383-6300 September 24,2009 Mr.Marcus Fuller File:08-Riv-Local Assistance 3200 East Tahquitz Canyon Way Palm Springs,CA.92201 FPN: BRLO 5282(017) STPLN 5282(016) Dear Mr. Fuller: The California Department of Transportation (Caltrans) has prepared the NEPA environmental determination (Categorical Exclusion)for the proposed project in the City of Palm Springs in the County of Riverside consisting of widening the existing Indian Canyon Bridge from 2 to 6 lanes(86'-ultimate width)from UPRR overcrossing(bridge 56C0025)to Garnet Ave.The project will accommodate horizontal and vertical clearance requirements as dictated by CPUC and UPRR during final design. Caltrans would also like to reiterate the requirements of the NEPA Pilot Program MOU that became effective July 1, 2007. Pursuant to the MOU and Section 6005 of SAFETEA-LU codified at 23 U.S.C. 327(a)(2)(A), effective July 1, 2007 FHWA has assigned, and Caltrans has assumed, all the United States Department of Transportation (USDOT) Secretary's responsibilities under NEPA. The assignment applies to all projects on the State Highway System (SHS) and all Local Assistance Projects off the SI IS within the State of California. • Local Agency or its consultant must do formal QC of environmental documents and technical reports paralleling Caltrans standards, to be confirmed by use of "External QC Form" provided to Caltrans. htti):/Iwv,rw.dot.ca.gov/ser/fomis.h • Local Assistance documents must use Annotated Outlines for EAs and EISs o Annotated Outlines are effective and efficient tools to ensure all requirements are met and to ensure consistency of terminology and treatment of issues. Agencies may use either the combined CEQA/NEPA outlines,or the NF,PA- only outline.htto://www.dot.ca.eoviser/forms.htm o One Caltrans standard for federal environmental documents is required. o If challenged,Caltrans must defend Local Agency documents in federal court;documents that follow standardized formats and procedures are more defensible • Local Agencies must send copies o£• I) Environmental documents, 2) technical reports, 3) summary lists of environmental commitments to be incorporated into PS&E, and 4) permits to Caltrans' DLAF. for files to facilitate audits and process reviews. The requirement to have environmental commitments and permits is not new (Local Assistance Procedures Manual Chapters 6, 12, 15, 17), but providing copy to DLAE is now mandated because of the need to provide rapid response to FHWA in process reviews and audits and because FHWA nationally is placing new emphasis on ensuring these commitments are carried out. If you have any questions regarding the CE,please call Julie Lugaro at(909)383-1570. Sincerely, 1 Aaron Burton Senior Environmental Planner Environmental Local Assistance "Caltrans improver mobility across California" 49 CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM 08-RIV-Palm Springs 0-Riv BRLO 5282(017)and STPLN 5282(016► Dist.-Co.-Rte.(or Local Agency) P.M/P.M. E.A.(State project) Federal-Aid Project No.(Local project)/Proj.No. PROJECT DESCRIPTION: (Briefly describe project,purpose,location,limits,right-of-way requirements,and activities involved. Enter project description in this box. Use Continuation Sheet,if necessary The proposed project in the City of Palm Springs in the County of Riverside consists of widening the existing Indian Canyon Bridge from 2 to 6lanes(86-ultimate width)from UPRR overcrossing(bridge 56C0025)to Garet Ave,also construct north and south bridge approaches to improve traffic circulation and safety.The project will accommodate horizontal and vertical clearance requirements as dictated by CPUC and UPRR during final design. CEQA COMPLIANCE (for State Projects only) Based on an examination of this proposal,supporting information,and the following statements(See 14 CCR 15300 el seq.): • If this project falls within exempt class 3,4,5,6 or 11,it does not impact an environmental resource of hazardous or critical concern where designated,precisely mapped and officially adopted pursuant to law. • There will not be a significant cumulative effect by this project and successive projects of the same type in the same place,over time. • There is not a reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances. • This project does not damage a scenic resource within an officially designated state scenic highway. • This project is not located on a site included on any list compiled pursuant to Govt.Code§65962.5(`Cortese List'). • This project does not cause a substantial adverse change in the significance of a historical resource. CALTRANS CEQA DETERMINATION (Check one) ❑ Exempt by Statute.(PRC 21080[b]; 14 CCR 15260 el seq.) Based on an examination of this proposal,supporting information,and the above statements,the project is: ❑ Categorically Exempt.Class— (PRC 21084;14 CCR 15300 et seq.) ❑ Categorically Exempt.General Rule exemption.[This project does not fall within an exempt class,but it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment(CCR 15061[b][3]) NIA N/A Print Name:Environmental Branch Chief Print Name:Project Manager/DL.A Engineer NIA N/A Signature Date Signature Date NEPA COMPLIANCE In accordance with 23 CFR 771.117,and based on an examination of this proposal and supporting information,the State has determined that this project: • does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded from the requirements to prepare an Environmental Assessment(EA)or Environmental Impact Statement(EIS),and • has considered unusual circumstances pursuant to 23 CFR 771.117(b) (http:itwww.fhwa.dot.gov/hept23cfr771.htm-sec.771.117). In non-attainment or maintenance areas for Federal air quality standards,the project is either exempt from all conformity requirements, or conformity analysis has been completed pursuant to 42 USC 7506(c)and 40 CFR 93. CALTRANS NEPA DETERMINATION (Check one) ❑ Section 6004: The Stale has been assigned,and hereby certifies that it has carried out,the responsibility to make this determination pursuant to Chapter 3 of Title 23,United States Code,Section 326 and a Memorandum of Understanding(MOU) dated June 7,2007,executed between the FHWA and the State. The Stale has determined that the project is a Categorical Exclusion under: • 23 CFR 771.117(c):activity(c)(_❑_) • 23 CFR 771.117(d):activity(d)(_❑ ) • Activity listed in the MOU between FHWA and the State ® Section 6005: Based on an examination of this proposal and supporting information,the State has determined that the project is a CE under Section 6005 of 23 U.S.C. 327, A_ �(1 c> Print Name Environmental Branch Chief Print Na Manger/MA ngineer y Signature Date Signat—urtJ VV V I I Date Briefly list environmental commitments on continuation sheet. Reference additional information,as appropriate(e.g.,air quality studies, documentation of conformity exemption,FHWA conformity determination if Section 6005 project,§106 commitments;§4(f);§7 results, Wetlands Finding;Floodplain Finding;additional studies;and design conditions).Revised September 15,2008 Page I of 10 50 CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet 08-RIV-Palm Springs 0-Riv BRLO 5282(017)and STPLN 5282(011 Dist.-Co.-Rte.(or Local Agency) P.M/P.M. E.A.(State project) Federal-Aid Project No.(Local project)/Proj.No. Continued from page 1: Project Components • Widen Indian Canyon Drive from 2 lanes to 6 lanes from UPRR overcrossing(bridge 56C0025)to Garnet Ave • Construct north and south bridge approaches to improve traffic circulation and safety. • The project will accommodate horizontal and vertical clearance requirements as dictated by CPUC and UPRR during final design. • PIES form signed July 9,2002 Technical Study Results Noise • Noise Analysis was approved on February 24,2003 Water Quality • For project areas exceeding 0.4 hectare(1 acre),NPDES guidelines necessitate the development of a SWPPP by the contractor prior to construction to establish project-specific permanent and temporary BMPs. During the design phase,a Water Pollution Control Plan would be prepared to determine the minimum control requirements to be included in the SWPPP. • BMPs include any facilities and methods used to remove, reduce,or prevent storm water runoff pollutants from entering receiving waters. Implementation of BMP goals may involve providing bioswales to reduce downstream pollutant concentrations,informing the public about runoff concerns to lessen impacts on receiving waters,and minimizing cuts and fills to curtail erosion. • Erosion control methods,temporary and permanent BMPs,and improvement of drainage facilities along the roadway would minimize impacts from storm water runoff. The SWPPP and NPDES-compliant measures would ensure no adverse impacts would occur to water quality associated with the Build Alternative(Locally Preferred). Floodplain • The Location Hydraulic Study and the Summary Floodplain Encroachment Report found that the project was assessed as a low level of risk to the floodplain and Caltrans approved of the study August 20,2009. Natural Environment Study • Appended Biological Opinion was signed on October 11,2007 • Biological Assessment dated August 2006 • Avoidance, Minimization,and/or Mitigation Measures: • The Programmatic Biological Opinion(USFWS 2005)and appended PBO with conservation measures(October 11,2007)shall be followed. Invasive Species • Minimization measures for effects on invasive species would be implemented to comply with regulations under the California Department of Fish and Game. • All construction equipment should be cleaned prior to movement to the construction site. • Only weed-free mulches and erosion control mixes should be included in specification. • Only appropriate native plants should be included in project landscaping. • No topsoil should be imported. • A weed eradication program should be implemented over the first year after construction. Conservation Measures(Appended PBO,October 11,2007) Caltrans and the City proposed the following measures as part of the proposed action to avoid and minimize adverse effects for listed species: 1. Conservation measures I through 20 of the PBO shall be implemented by the Caltrans/City for the appended Project with the possible exception of PBO#4. If loose sand is to be removed from the Page 2 of 10 5ti CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet Project site and deposited on the Preserve in accordance with the existing agreement between CVWD and the City,then PSO conservation measure#14 would be null. 2. Approximately 14.2 acres(7.1 acres at a 2:1 ratio or 14.2 acres)of suitable habitats for the Coachella Valley milk-vetch and Coachella Valley fringe-toed lizards shall be preserved in an established conservation area near the action area as agreed to on Page 5 of the Appended BO for the Tiered Date Palm Drive Interchange Project(1-6-05-P-3282, EA 455900). Prior to construction,the Coachella Valley Association of Governments(CVAG),acting on behalf of Caltrans,has committed to the purchase and establishment of a conservation area,the finalization of a conservation agreement,and the establishment of an endowment fund for the management of the conservation area in perpetuity. The 26.34 acres(Table 1)of conservation habitat,required to offset the indirect impacts for this proposed Project,was previously purchased and accounted for as identified in the Appended BO for the Tiered Indian Avenue Interchange Project(1-6-05-P-3282). 3. The 14.2 acres(Table 1)of sandy habitat suitable for the fringe-toed lizard and milkvetch shall be purchased prior to the commencement of construction activities(including brush clearing and grading) associated with the Project. 4. Sand removed from the project footprint shall be deposited in accordance with an agreement between the City and CVWD.The Service shall approve the removal of sand and the deposition area prior to pickup,transportation and deposition of sand.If the quality of loose sand to be removed from the Project site and deposited on the Preserve is not suitable(consisting of rocks,fine sediment,and gravel),then conservation measure#4 would be null and the sand would not be removed to the Preserve. 5. During construction,soils to be impacted shall be watered down to prevent fugitive dust from drifting into adjacent habitat. 6. All construction equipment shall be cleaned prior to initial movement to the construction site. 7. Caltrans/City shall ensure that the Contractor avoids entering or damaging habitat located outside of the project footprint.The Contractor's operations shall be limited to the immediate project footprint and other designated work areas shown on the plans,except as authorized in writing by the authorized biologist.The Contractor shall avoid killing or injuring any wildlife within the habitat and shall avoid killing or injuring any wildlife that crosses into the work area,except as required for the immediate safety of project personnel.The Contractor shall notify the authorized biologist of any wildlife killed or injured by construction activities or the contractor's employees in the course of work. Native plants located inside the habitat,that are not shown on the plans to be removed,and that are injured or damaged by reason of the Contractors operations,shall be replaced by the Contractor in accordance with Section 7 1.11 "Preservation of Property"of the Standard Specifications. 8. The Contractor shall retain,and have available,the services of an authorized biologist who will perform the duties of the biological monitor.The monitor is required to provide a pre-construction survey of the project site and any associated staging areas,provide employee training,monitor the temporary silt/wildlife fence installation,perform construction monitoring, and conduct endangered species relocation. USFWS Conservation Measures(PBO September 23,2004) 9. All areas outside of the project footprint will be delineated as Environmentally Sensitive Areas(ESAs). All parties in conjunction with this operation will strictly avoid these areas.No construction activities, materials,or equipment will be permitted in the ESAs.These areas must be placed on the design plans and included in the construction contract. ESAs will be designated by erecting protective fencing delineating the project impact boundary and sensitive habitats.This barrier fencing will be constructed in such a way as to restrict the movement of reptiles into impacted areas. Fencing material can vary.however,it should consist of a cloth-like material that can withstand high winds,sun and heat.This fence should be buried 24-inches below the surface,to prevent terrestrial species from burrowing underneath,and extend above ground at least 24-inches. Page 3 of 10 52) CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet 10. An employee education program will be developed.Each employee(including temporary,contractors, and subcontractors)will receive a training/awareness program within two weeks of working on the proposed project.They will be advised of the potential impact to the listed species and the potential penalties for taking such species.At a minimum,the program will include the following topics: occurrence of the listed and sensitive species in the area,their general ecology,sensitivity of the species to human activities, legal protection afforded these species,penalties for violations of Federal and State laws,reporting requirements,and project features designed to reduce the impacts to these species and promote continued successful occupation of the project area environs. Included in this program will be color photos of the listed species,which will be shown to the employees.Following the education program,the photos will be posted in the contractor and resident engineer's office,where they will remain throughout the duration of the project.The contractor,Resident Engineer,and Service- approved biological monitor will be responsible for ensuring that employees are aware of the listed species. 11. The project proponent will designate a Service-approved qualified biologist who will be responsible for overseeing compliance with protective measures for the listed species.The biologist will have the authority to halt all associated project activities that may be in violation of this biological opinion. In such an event,the biologist will contact the Service within 24 hours. 12. Construction work areas will be delineated and marked clearly in the field prior to habitat removal,and the marked boundaries maintained and clearly visible to personnel on foot and by heavy equipment operators.Employees will strictly limit their activities and vehicles to the proposed project areas, staging areas,and routes of travel.The project proponent and/or the biological monitor will contact the Service to verify that the limits of construction have been properly staked and are readily identifiable. 13. A biologist will monitor construction to ensure that vegetation removal,Best Management Practices (BMPs), ESA fencing,and all avoidance and minimization measures are properly constructed and followed. 14. All equipment maintenance,staging,and dispensing of fuel,oil,or any other such activities,will occur in designated upland areas.The designated upland areas will be located in such a manner as to prevent any runoff from entering waters of the United States,including wetlands. 15. Typical erosion control measures,BMPs,in the vicinity of streams will be employed in accordance with the conditions in the 401 Water Quality Certification requirements of the Regional Water Quality Control Board. 16. Use of invasive exotic plant species in landscaped areas adjacent to or near sensitive vegetation communities will be restricted. In compliance with Executive Order 13112,impacted areas will be revegetated with plant species native to desert habitat types and the Coachella Valley,and will avoid the use of species listed in Lists A&B of the California Exotic Pest Plant Council's list of Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999. 17. The seed of Coachella Valley milk-vetch will be collected off of plants from within the boundaries of permanent and temporary impacts from project construction.Seed collection will occur when the seed is past soft dough and prior to being naturally dispersed.The top four inches of soil surrounding the milk-vetch plants to be impacted will be collected and placed in plastic bags.This seed and soil will be distributed at an area consisting of aeolian habitat immediately following collection.The location where seed will be dispersed will be coordinated with the Service prior to collection. 18. All construction equipment will be inspected and cleaned prior to use in the proposed project footprint to minimize the importation of non-native plant material.All mulch,topsoil and seed mixes used during post construction landscaping activities and erosion control BMPs will be free of invasive plant species propagules.A weed abatement program will be implemented should invasive plant species colonize the area within the project footprint post-construction. 19. No off-road vehicle activity from construction personnel or other persons affiliated with the project will occur outside of the project footprint. 20, To reduce attraction of ravens and crows,which may eat fringe-toed lizards,all trash will be placed in raven-proof containers and promptly removed from the site. Page 4 of 10 53 CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet 21. No pets or firearms will be permitted inside the project's construction boundaries or other associated work areas. 22, All sand removal and storage activities will be restricted to the project footprint.No maintenance activities will be authorized that extend beyond the boundaries of the project footprint. 23. To the extent possible,no sand removal activities will take place from 1 November—30 March(to avoid winter dormancy periods for the lizards)or if ambient air temperature exceeds 102 degrees Fahrenheit(the temperature at which lizard activity tends to be reduced). 24. Vehicle speeds on unpaved access roads will be restricted to a maximum of 25 MPH. 25. All culverts,bridges,and associated water passage structures will be maintained such that water and sediment may pass between upstream and downstream locations and so as not to block the passage of wildlife. 26. Impacts resulting from this project will be offset by implementing the agreements established in the Conservation Bank Plan Addressing the Direct, Indirect,and Cumulative Effects of Interstate 10 Coachella Valley Interchange Projects(Plan).The Plan assesses potential effects and offsetting measures for the proposed projects.The Plan establishes mitigation ratios at 2:1 for direct impacts of the interchange and associated arterial improvements covered under this Opinion and 1:1 for indirect impacts.Required offsetting measures will be provided through the acquisition of land and thefinal conservation bank agreement.Caltrans and/or Coachella Valley Association of Governments(CVAG) will set up an endowment fund for the purpose of managing the proposed conservation bank in perpetuity. 27. Prior to beginning construction,CVAG,Caltrans,and FHWA will purchase and establish a conservation bank(Bank),as per the Plan;finalize a conservation bank agreement with the Service and CDFG,and set up the endowment fund for managing the property in perpetuity. Sufficient land will be purchased for the bank prior to start of construction for any given project.CVAG,Caltrans,and FHWA will coordinate with the Service and CDFG to locate and acquire Bank lands.All Bank lands will be approved by the Service and CDFG prior to purchase to ensure that these conservation lands benefit the fringetoed lizard and milk-vetch.In addition,CVAG or its designee will be the manager of all Bank lands. 28. Geotechnical borings in areas with aeolian sand deposits will include the following measures: a. No cross country-travel and geotechnical borings will take place from 1 November-30 March(to avoid winter dormancy periods for the lizards)or if ambient air temperature exceeds 102 degrees Fahrenheit(the temperature at which lizard activity tends to be reduced). b.When traveling cross-country,a route will be established and followed that avoids,to the maximum extent practicable,all sand hummocks and dunes. c.The surface area will be returned to the pre-disturbance state.If sand dunes or hummocks were impacted, then the surface sand will be placed in a separate pile and replaced as a dune or hummock. 29. Archaeological surveys in areas with aeolian sand deposits will include the following measures: a.The outer perimeter of all survey areas will be delineated and the area within this perimeter will be calculated and deducted from the Conservation Bank. b.All work including staging,depositing excavated materials,storing equipment,etc,will be conducted within the perimeter of the survey area. Air • Air Quality Analysis was approved on January 16,2003. • On July 13,2009,FHWA found that the Conformity Determination for the Indian Canyon Drive and Bridge Widening Project conforms to the State Implementation Plan(SIP)in accordance with 40 C.F.R. Part 93. • Avoidance, Minimization,and/or Mitigation Measures: • Upon development of the project construction details and schedule,the City shall reestimate NOX emissions;and Page 5 of 10 rya CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet • If emissions are forecast to exceed the SCAQMD NOX threshold,the contractor shall use aqueous diesel fuel or one or more pieces of construction equipment with exhaust gas recirculation-type engines as necessary to reduce forecast emissions to less than the threshold limit. • A Fugitive Dust(PM10)Mitigation Plan shall be prepared in compliance with Ordinance 1439 of the City of Palm Springs Municipal Code and shall be included as part of the construction contract specifications prior to the issuance of a grading permit. The Fugitive Dust Mitigation Plan shall specify steps that will be taken to comply with the City's Fugitive Dust and Erosion Control Ordinance,which restricts fugitive dust emissions. Measures outlined in the plan shall include but not be limited to daily watering of graded areas,washing of equipment tires before leaving the construction site,and use of SCAQMD-approved chemical stabilizers or soil binders. • The proposed project shall incorporate into the project specifications the applicable provisions of the Final Coachella Valley PM10 SIP and SCAQMD Rule 403 and 403.1,as shown in the air quality technical report. • The contractor shall discontinue construction activities during first-and second-stage smog alerts. • When feasible,the contractor shall utilize existing power sources(i.e.,temporary power poles)to minimize the use of diesel generators. • The proposed project shall incorporate into the project specifications the applicable provisions of the Final Coachella Valley PM10 SIP and SCAQMD Rule 403 and 403.1,as shown in the air quality technical report. Hazardous Waste—ISA • ISA approved on February 24,2003 • ISA re-approved September 2009 • ADL approved on February 24,2003 • All hazardous waste testing should be done during W BS 165,prior to completion of PAED so that any special handling,treatment,or disposal provisions associated with hazardous wastes may be included in construction documents. Traffic • Traffic study was approved on June 5,2007. • Avoidance,Minimization,and/or Mitigation Measures: • Impacts to traffic flow as a result of construction activities could be reduced by developing and implementing a traffic management plan and a construction-phasing plan. Cultural Resources • State Historic Preservation Officer(SHPO)concurred with Caltrans'determination that there are no historic properties within the APE on June 11,2004. Climate Change Avoidance,Minimization,and/or Mitigation Measures: • The project would incorporate the use of energy efficient lighting,such as LED traffic signals. LED bulbs—or balls,in the stoplight vernacular—cost$60 to$70 apiece but last five to six years, compared to the one-year average lifespan of the incandescent bulbs previously used. The LED balls themselves consume 10 percent of the electricity of traditional lights,which will also help reduce the projects CO2 emissions. • Portland cement will be used where possible and if feasible,fly ash will be added to Portland cement mixes.The use of lighter color surfaces such as Portland cement helps to reduce the albedo effect and cool the surface. Adding fly ash reduces the GHG emissions associated with cement production and it also can make the pavement stronger. Pagc1,of10 CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet Indian Canyon Drive Street and Bridge Widening Mitigation Monitoring Program Checklist Timin g of Verification Mitigation During qResponnsibleMeasure Avoidance,Minimization,and/or Methodof Pre-con- Con- Post-con- ompleteNo. Mitigation Measure Verification struction structionstructlonDate Comments AIR QUALITY 1 The following measures would Place as X X X Develop air quality mitigate air quality-related impacts: notes on the measures prior to project plans construction and Grading activities for the bridge Contractor implement during construction and the road widening construction. shall occur sequentially,not Monitor during simultaneously. construction. Minimize land disturbance during construction. Use watering trucks to minimize dust;watering should be sufficient to confine dust plumes to the project work areas. Suspend grading and earth moving when wind gusts exceed 25 miles per hour unless the soil is wet enough to prevent dust plumes. Cover trucks when hauling dirt. Stabilize the surface of dirt piles if not removed immediately. Limit vehicular paths on unpaved surfaces and stabilize any temporary roads. Minimize unnecessary vehicular and machinery activities. Sweep paved streets at least once per day where there is evidence of dirt that has been carried onto the roadway. Revegetate disturbed land, including vehicular paths created during construction,to avoid future off-road vehicular activities. Remove unused material. Discontinue construction activities during first-and second-stage smog alerts. Incorporate into the project specifications the applicable provisions of the Final Coachella Valley PM10 SIP and South Coast Air Quality Management District Rule 403 and 403.1,as shown in the air quality technical report. A Fugitive Dust(PM,o)Mitigation Plan shall be prepared in compliance with Ordinance 1439 of the City of Paton Springs Municipal Code and shall be included as part I I I I I _ Page 7 of 10 CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet Timin of Verification Mitigation During Responsible Measure Avoidance,Minimization,and/or Method of Pre-con- Con- Post-con- Party omplete No. Mitigation Measure Verification struction struction struction Initials Date Comments of the constriction contract specifications prior to the issuance of a grading permit. 2 The following measure would Place as X X X National Inform minimize exposure to diesel notes on the City, constriction particulate emissions: project plans Construction contractor prior to Contractor grading and monitor during When feasible,replace at least one construction. piece of diesel-operated equipment with a gas-operated piece equipment. When feasible,utilize existing power sources(i.e.,temporary power poles)to minimize the use of diesel generators. Locate construction equipment and truck staging and maintenance areas as far as feasible and nominally downwind of schools, active recreation areas,and other areas of high po2ulabon density. HYDROLOGY,WATER QUALITY, AND STORM WATER RUNOFF 3 The following measures shall be Completed X X City Prepare plan prior implemented to minimize storm plan Engineer, to construction. water and hydrology-related City of Palms Implement during impacts: Springs, construction. Construction A Storm Water Pollution Contractor Prevention Plan(SWPPP)shall be prepared to address erosion control and sedimentation issues related to the grading aspect of the project. The SWPPP shall specify and describe the implementation process of all best management practices that will address equipment operation and materials management,prevention of erosion,and prevention of sedimentation. The City Engineer of the City of Palms Springs shall ensure that the SWPPP is property implemented. WILDLIFE _ The following measure shall be Approval by X X City of Palms Prepare plan prior 4 implemented to reduce wildlife the resource Springs, to construction. impacts: agencies Construction Implement during Contractor construction. Implementation of the required mitigation measures outlined in the Conservation Plan Addressing the Direct,Indirect,and Cumulative Effects of Interstate 10 Coachella Vafley Interchange Projects (Caltrans 2003)regarding impacts to wildlife habitat. These measures include the purchase and conservation of comparable habitat in an established Conservation Bank under the auspices of the Draft Coachella Valley Multi-Species Habitat Page go] 10 57 CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet Timing of Verification Mitigation During Responsible Measure Avoidance,Minimization,andlor Method of Pre-con- Con- Post-con- Party rompletec No. Mitigation Measure Verification struction struction struction Initials Date Comments Conservation Plan CVMSHCP. THREATENED AND ENDANGERED smrs 5 The following measures shall be Approval by X X City of Palms Prepare plan prior implemented to reduce threatened the resource Springs, to construction. and endangered species impacts: agencies Construction Implement during Contractor construction. Implementation of the required mitigation measures outlined in the Conservation Plan(Calfrans 2003) regarding threatened and endangered species. Required mitigation shall be met through the replacement of desert sand fields habitat,on a 2:1 basis in the case of direct impacts,and a 1:1 basis in the case of indirect impacts,in an established Conservation Bank under the auspices of the CVMSHCP. All areas outside of the project footprint W11 be delineated as Environmentally Sensitive Areas with protective fencing. An education program will be developed to advise construction staff of potential impacts to listed species. Biological monitoring will be provided to oversee compliance with protective measures for listed species. Seed of the Coachella Valley milk-vetch will be collected from plants that are within the Area of Effect prior to construction. All equipment will be inspected and cleaned prior to use in the project area to minimize exotic species introductions. To the extent feasible,no sand removal activities will take place from November 1 -March 30 to avoid winter dormancy periods for lizards or if ambient air temperatures exceed 102 degrees Fahrenheit(the temperature at which lizard activity tends to be reduced. CLIMATE CHANGE To the extent that equipment and Place as X X City of Palms Before and during 6 technology is available and cost notes on the Springs, construction- effective,the applicant shall project plans Construction Note shall be encourage contractors to use Contractor written on all altemate fuels,catalyst and construction filtration technologies,and retrofit documents for existing engines in construction implementation equipment. during Page 9 of 11) p 5 CATEGORICAL EXEMPTIONICATEGORICAL EXCLUSION DETERMINATION FORM Continuation Sheet Timing of Verification Mitigation During Responsible Measure Avoidance,Minimization,and/or Method of Pre-con- Con Post-con- Party omplete No. Mitigation Measure verification struction struction struction Initials Date Comments Minimize idling time to 5 minutes construction. when construction equipment is not in use,unless per engine manufacturer's specifications or for safety reasons more time is required. To the extent practicable,manage operation of heavy-duty equipment to reduce emissions such as maintain heavy-duty earthmoving, stationary and mobile equipment in optimum running conditions which can result in 5%fewer emissions. Property maintain equipment according to manufacturers' specifications. Use electric equipment when feasible. The project would incorporate the use of energy efficient lighting, such as LED traffic signals. LED bulbs—or balls,in the stoplight vernacular—cost$60 to$70 apiece but last five to six years, compared to the one-year average lifespan of the incandescent bulbs previously used. The LED balls themselves consume 10 percent of the electricity of traditional lights, which will also help reduce the projects CO2 emissions. Portland cement will be used where possible and if feasible,fly ash will be added to Portland cement mixes.The use of lighter color surfaces such as Portland cement helps to reduce the albedo effect and cool the surface. Adding fly ash reduces the GHG emissions associated with cement production and it also can make the pavement stronger. Page 10 of 10