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HomeMy WebLinkAbout3/2/2016 - STAFF REPORTS - 2.H. ;OF?ALM S. iy c V N t ~t`IiORRiEER� ('q<IFORN�P» City Council Staff Report DATE: March 2, 2016 CONSENT CALENDAR SUBJECT: APPROVAL OF AN ENCROACHMENT LICENSE ISSUED BY THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR THE TAHQUITZ CREEK TRIANGLE GATEWAY, CITY PROJECT NO. 14-16 FROM: David H. Ready, City Manager BY: Public Works & Engineering Department SUMMARY Approval of this item will authorize the City Manager to execute an Encroachment License with Riverside County Flood Control and Water Conservation District (the "District") to allow the City's construction of the improvements identified as the Tahquitz Creek Triangle Gateway, City Project No. 14-16. RECOMMENDATION: 1. Approve an Encroachment License issued by the Riverside County Flood Control and Water Conservation District for the construction, operation and maintenance of public trail improvements for recreational purposes for the Tahquitz Creek Triangle Gateway, City Project No. 14-16; and 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: In July 2014, then City Council Subcommittee (Foat/Lewin) directed staff to initiate the development of a preliminary conceptual plan for a new bike path and trailhead at a vacant parcel owned by the District located at the southeast corner of S. Palm Canyon Drive and Sunny Dunes Road. Staff has identified this capital improvement project as the Tahquitz Creek Triangle Gateway, City Project No. 14-16, (the 'Project'). Subsequently, staff entered into an agreement with MSA Consulting for preparation of a conceptual plan for City Council review. Staff also initiated early coordination with the District given their ownership of the property over which the proposed improvements would be constructed. Staff received a letter of support from RCFC on December 30, 2014, included as Attachment 1. ITEM NO. �' _ City Council Staff Report March 2, 2016-- Page 2 Encroachment License for CP14-16, Tahquitz Creek Triangle Gateway On March 4, 2015, the City Council approved a proposal with MSA Consulting to deliver final design plans and construction estimate for the Project, at a cost of $36,000. The construction of this Project will convert the existing open surface flow to an underground storm drain system to improve the District-owned triangle parcel as a trail head; extend a multi-use path along North Riverside Drive and add new landscaping. CVLink improvements such as: charging station, shade structures, associated hardscape, lighting, electrical design, benches and other amenities are being deferred to CVAG to install as part of the CVLink Project. A location map is provided below. Location Map f • � 'h rside , I A vicinity map illustrating a 500-ft radius from the Project is included in Attachment 2. During the final design plan, staff maintained coordination with the District and initiated the process to obtain a formal encroachment permit to construct the proposed improvements on the District's property. On October 7, 2015, the City Council awarded a construction contract to Golden Vista Construction, Inc., a California corporation, dba Golden Valley Construction, in the amount of$346,141 for the Project. At that time, staff was advised by the District of their intent to issue the City an encroachment permit to facilitate initiation of construction of the Project as awarded by the Council. However, issuance of an encroachment permit by the District has been delayed. Recently, on January 6, 2016, the District advised staff that a formal Encroachment License approved by the City Council would first be required to facilitate construction of 02 City Council Staff Report March 2, 2016 --Page 3 Encroachment License for CP14-16, Tahquitz Creek Triangle Gateway the Project on District property. On February 2, 2016, the District submitted the Encroachment License to the City for review and approval; a copy of the License is included as Attachment 3. Staff recommends approval of the Encroachment License with the District to allow the City to proceed with construction of the Project. ENVIRONMENTAL IMPACT: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment, and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects consist of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities; therefore, the Tahquitz Creek Triangle Gateway is considered categorically exempt from CEQA, and a Notice of Exemption has been prepared and will be filed with the Riverside County Clerk. A copy of the Notice of Exemption is included as Attachment 4. FISCAL IMPACT: None. SUBMITTED: Marcus L. Fuller, MPA, P.E., P.L.S, David H. Ready, Es*fptro , Assistant City Manager/City Engineer City Manager Attachments: 1 . RCFC Letter of Support 2. Vicinity Map 3. Encroachment License 4. CEQA Notice of Exemption 03 ATTACHMENT 1 014 WARREN D. WILLIAMS 1995 MARKET STREET General -ng'mcer RIA'GR511)6,CA9250V 951.955.1200 0 FAX 951.788.9965 wrNw.rcilood', 67096 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT December 30, 2014 Mr. Marcus L. Fuller City Engineer City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Dear Mr. Fuller: Re: Tahquitz Creek"Dail Triangle Gateway Project On behalf of the District, I am writing to express our support for the City of Palm Springs' Tahquitz Creek Trail "Triangle Gateway Project which will establish a trail head on the District's parcel located on South Palm Canyon Drive and Sunny Dunes Road adjacent to Tahquitz Creek. The City's consultant has developed alternatives for consideration that include re-routing the storm flows currently tributary to this area into an underground system which would allow for the development of the trail head. T'hc preliminary analysis also recommends that the City address stormwater treatment options for eliminating polluted runoff into Tahquitz Creek with the installation of Best Management Practices to treat the hydrocarbon pollutants load associated with the three (3) acre watershed tributary to this site. The City is proposing to implement this project and is applying for State Department of Water Resources Urban Streams Restoration Program funds. The District supports the application and implementation of the project. Many years- ago the County Board of Supervisors recognized the trail potential associated with many District properties. The Board mandated that when and where feasible, practical and safe, the District enter into cooperative agreements (which explicitly assigns the cost and liability associated with all recreational activities to the partnering agency) that will result in the dual use of District properties. Based on our past successes and the continuing need for recreation trails throughout the County, the District is committed to continue to seek these opportunities. Please accept this letter as my support for the project. Once the project is ready to move forward, please contact the District so we can begin the final approval process, which will involve the review and approval of the plans, the District's CEQA action (based on the City's CEQA document) and the development and execution of the cooperative agreement. Should you have any questions, please feel free to contact Zully Smith, Chief of Operations and Maintenance Division at 951.955.1280 or email zsmith(crrcflood.org. Ve�+r t yo t � ARREN D. WILLIAMS �t�}/'/�,/ General Manager-Chief Engineer cc: Jason Uhley Zully Smith ]mad Guirguis 05 ZS:rlp ATTACHMENT 2 06 N .OPPPiM S�pS Department of Public Works and Engineering w E ��... Vicinity Map C�IIRO0.�P A W CALLE ROCA 1 r i i I - — - SUNNY DUNES RD 1 INDUSTRIAL PL - ---- - -a_ Legend h ® Site 7 CITY OF PALM SPRINGS 07 ATTACHMENT 3 08 202190 1 LICENSE AGREEMENT Tahquitz Creek Channel, Stage 1 2 Project No. 6-0-00060 3 Encroachment Permit No.3500 4 The Riverside County Flood Control and Water Conservation District, 5 hereinafter called "DISTRICT",and the City of Palm Springs,hereinafter called"CITY",hereby 6 agree as follows: 7 RECITALS 8 9 A. DISTRICT operates and maintains Tahquitz Creek Channel, Stage I 10 (Project No.6-0-00060),hereinafter called"CHANNEL",principally located in the City of Palm 11 Springs; and 12 B. CHANNEL is an essential and integral part of DISTRICT'S regional 13 system of stormwater management infrastructure that provides critical flood control and drainage 14 to the area; and 15 16 C. CITY desires to construct,or cause to be constructed,operate and maintain 17 (i) approximately 160 lineal feet of 18-inch reinforced concrete pipe and will connect to 18 DISTRICTS existing inlet structure, hereinafter called "STORM DRAIN". STORM DRAIN 19 subsequently will drain into Tahquitz Creek Channel; and(ii) certain catch basins, inlets,curbs 20 and gutters, concrete channel and connector pipes located within CITY held easements or rights 21 of way, hereinafter called "APPURTENANCES". Together, STORM DRAIN and 22 APPURTENANCES are hereinafter called "CITY FACILITIES';and 23 24 D. CITY desires to utilize portions of DISTRICT'S existing CHANNEL right 25 of way, hereinafter called "CHANNEL RIGHT OF WAY", for public recreation purposes 26 including the construction of trail improvements, landscaping, irrigation and lighting systems, 27 1 and certain ancillary uses associated therewith, including walking, jogging and bicycling for 28 - 1 - 09 202190 1 public purposes as part of the Coachella Valley Link Bike Path Project, hereinafter called 2 "TRAIL", as shown in concept on Exhibit "A", attached hereto and made a part hereof. 3 Altogether, CITY FACILITIES and TRAIL are hereinafter called "PROJECT"; and 4 E. CHANNEL'S flood control function is sporadic in nature and thus, 5 6 appropriate non-motorized public recreation may be accommodated within DISTRICTS 7 CHANNEL RIGHT OF WAY to the extent that such uses do not unreasonably interfere with 8 CHANNEL'S principal function or DISTRICT'S ability to operate and maintain CHANNEL;and 9 F. Subject to the provisions of this License Agreement, DISTRICT is willing 10 to (i) allow CITY to construct trail improvements within CHANNEL RIGHT OF WAY, (ii) I I allow CITY to operate and maintain said trail improvements, and (iii)allow the public to utilize 12 the trail improvements for compatible non-motorized recreational uses; and 13 14 G. In accordance with the provisions of this License Agreement, CITY is 15 willing to(i)prepare,or cause to be prepared,plans and specifications for PROJECT and submit 16 1 to DISTRICT for its review and approval, (ii) cause the construction, inspection, operation and 17 maintenance of PROJECT at no cost to DISTRICT, (iii) conduct periodic safety inspections of 18 TRAIL improvements,and(iv)indemnify and hold DISTRICT harmless from any claims arising 19 from public's use of TRAIL or CITY'S responsibilities in connection therewith or the condition 20 21 thereof; and 22 H. It is in the public interest to proceed with this Agreement. 23 NOW, THEREFORE,the parties hereto mutually agree as follows: 24 SECTION I 25 CITY shall: 26 27 28 -2 - iQ 202190 1 1. Pursuant to California Environmental Quality Act (CEQA), assume lead 2 agency role and responsibility for preparation, circulation and adoption of all necessary and 3 appropriate CEQA documents pertaining to construction, operation and maintenance of TRAIL. 4 5 2. Prior to constructing any improvements or performing any physical 6 modifications within CHANNEL RIGHT OF WAY,prepare or cause to be prepared, plans and 7 specifications for PROJECT, hereinafter together called "IMPROVEMENT PLANS", and g submit to DISTRICT for review and approval. 9 3. Pay all costs associated with preparation of IMPROVEMENT PLANS and 10 DISTRICT'S review and approval thereof. 11 4. Pay all costs associated with DISTRICT'S preparation and administration 12 of this License Agreement. 13 14 5. Obtain an encroachment permit from DISTRICT, pursuant to its rules and 15 regulations and comply with all provisions set forth therein, prior to commencing construction 16 of PROJECT or any other improvements within CHANNEL RIGHT OF WAY. 17 6. Prior to commencing construction, furnish DISTRICT with copies of all 18 permits, approvals or agreements as may be required by any Federal, State or local resource 19 and/or regulatory agencies for the construction,operation and maintenance of PROJECT. Such 20 21 documents,hereinafter called"REGULATORY PERMITS",include but are not limited to those 22 issued by the U.S.Fish and Wildlife Service,U.S.Army Corps of Engineers,California Regional 23 Water Quality Control Board, California Department of Fish and Wildlife, the State Water 24 Resources Control Board and Western Riverside County Regional Conservation Authority. 25 7. Assume sole responsibility for compliance with the requirements of all 26 REGULATORY PERMITS, including any amendments thereto, pertaining to the construction, 27 operation and maintenance of PROJECT. 28 -3 - 11 202190 1 8. Ensure that REGULATORY PERMITS,including any subsequent renewal 2 or amendments thereto, will not (i) impede DISTRICT'S ability to perform all necessary 3 operation and maintenance activities for CHANNEL as determined by DISTRICT,or(ii)include 4 any stipulations that would result in additional mitigation obligations being placed upon 5 6 DISTRICT for maintenance operations within CHANNEL'S right of way. 7 9. Cause PROJECT to be constructed, in accordance with IMPROVEMENT 8 PLANS approved by DISTRICT, and pay all costs associated therewith. 9 10. Not permit any change to, or modification of, DISTRICT permitted 10 IMPROVEMENT PLANS without the prior written permission and consent of DISTRICT. 11 11. Assume sole responsibility for the design, construction, operation and 12 13 maintenance of PROJECT, including all necessary modifications, repairs, corrections or 14 temporary removal as deemed necessary by DISTRICT for the continuing function, 15 reconstruction,repair or operation and maintenance of CHANNEL. 16 12. Within CHANNEL RIGHT OF WAY(i)assume sole responsibility for the i7 operation and maintenance of all CITY constructed improvements, including but not limited to, 18 performing all pe g necessary repairs and the routine removal of trash and debris associated with 19 CITY'S use of CHANNEL RIGHT OF WAY, and (ii) assume all liability associated with the 20 21 recreational use of CHANNEL RIGHT OF WAY including claims of third persons for injury or 22 death or damage to property. Said obligation shall not include any inverse condemnation liability 23 of DISTRICT by reason of the location of CHANNEL or TRAIL improvements thereto unless 24 such liability is the result of CITY'S operations or use of the property by the public pursuant to 25 CITY'S actual or tacit consent. 26 27 28 -4- !.2 202190 1 13. Ensure the safety of the public who may utilize CHANNEL RIGHT OF 2 WAY by conducting periodic safety inspections and promptly making repairs that are necessary 3 to safeguard the public and its use thereof. 4 I4. Promptly repair any damage to CHANNEL resulting from CITY'S use of 5 6 CHANNEL RIGHT OF WAY under the license granted herein unless such damage is caused by 7 flooding, or is the result of DISTRICT'S customary operation, maintenance or improvements to g its facilities located therein. 9 15. Waive any claim against DISTRICT for damages to TRAIL resulting from 10 DISTRICT'S customary operation and maintenance activities performed within CHANNEL I I RIGHT OF WAY or its appurtenant works, including any natural calamity, act of God, or any 12 13 cause or conditions beyond the control of DISTRICT, save and except damages resulting from 14 DISTRICT'S active negligence or willful misconduct. IS 16. Immediately remove, upon written request by DISTRICTS General 16 Manager-Chief Engineer, any improvements and/or equipment not previously approved by 17 DISTRICT or cease use where CITY has installed any such improvements and/or equipment or 18 CITY has used or allowed use of CHANNEL RIGHT OF WAY in a manner which, in the sole 19 opinion of DISTRICTS General Manager-Chief Engineer,would be detrimental to the operation 20 of CHANNEL. 21 22 17. If in the opinion of the General Manager-Chief Engineer, the public's use 23 of CHANNEL RIGHT OF WAY may cause or contribute to a public hazard,a public nuisance, 24 degradation of water quality or any other matter of substantial concern,DISTRICT reserves the 25 right to require remediation and, if remediation is unsuccessful, to terminate this License 26 Agreement. 27 28 - 5 - 13 202190 1 18. Indemnify and hold harmless DISTRICT and the County of Riverside 2 (including its directors, officers, Board of Supervisors, elected and appointed officials, agents, 3 employees, representatives, independent contractors, and subcontractors) from any liability 4 whatsoever, based or asserted upon any act or omission of CITY (including its officers,agents, 5 G employees,subcontractors,independent contractors,guests and invitees),arising from,related to 7 or in any manner connected with CITY'S use and responsibilities in connection therewith of 8 CHANNEL RIGHT OF WAY or the condition thereof, including but not limited to property 9 damage, bodily injury, or death or any other element of any kind or nature whatsoever. CITY 10 shall defend, at its sole expense, all costs and fees including but not limited to, attomeys' fees, 11 cost of investigation,defense and settlements or awards,DISTRICT and the County of Riverside 12 13 (including its directors, officers, Board of Supervisors, elected and appointed officials, agents, 14 employees, representatives, independent contractors, and subcontractors) in any claim or legal 15 action based upon such alleged acts or omissions. 16 19. Reconstruct,at its sole cost and expense,any portion(s)of TRAIL that may 17 be removed during the construction of the Coachella Valley Link Bike Path Project. 18 SECTION II 19 DISTRICT shall: 20 21 1. Act as a Responsible Agency under CEQA, taking all necessary and 22 appropriate action to comply with CEQA. 23 2. Review,comment and approve,as appropriate, IMPROVEMENT PLANS 24 prior to the start of PROJECT construction. 25 3. Review, comment and approve, as appropriate on all REGULATORY 26 PERMITS, including any subsequent renewal or amendments thereto, prior to final execution or 27 28 acceptance by CITY. - 6 - 14 202190 1 4. Upon DISTRICT approval of IMPROVEMENT PLANS and 2 REGULATORY PERMITS, issue an encroachment permit to CITY for the construction, 3 operation and maintenance of PROJECT in accordance with DISTRICT approved 4 IMPROVEMENT PLANS and subject to the provisions set forth in DISTRICT'S encroachment 5 permit. 6 7 5. Grant CITY a license to utilize CHANNEL RIGHT OF WAY for public 8 recreation purposes, provided that CITY'S activities do not, in any way whatsoever, impair 9 CHANNEL'S primary flood control purpose and function or otherwise interfere with 10 DISTRICT'S ability to operate, maintain, repair or reconstruct CHANNEL or any of its I I appurtenant works. Said license may be revoked by DISTRICT in the event that said uses unduly 12 13 compromise CHANNEL'S primary flood control purpose and function or interfere with 14 DISTRICTS ability to operate and maintain CHANNEL. 15 6. Provide CITY with written notice of (i) any non-compatible use or 16 condition that is not in conformity with the provisions of this License Agreement, or (ii) any 17 condition which, in the sole opinion of DISTRICTS General Manager-Chief Engineer, could 18 adversely affect the primary flood control function of CHANNEL or DISTRICT'S ability to 19 operate and maintain CHANNEL,and grant CITY thirty(30)days from and after such notice to 20 21 correct any such nonconforming use or condition. 22 7. Continue to maintain CHANNEL'S structural integrity, including but not 23 limited to lines and grades, inlets,fencing,ramps and existing access roads to such an extent that 24 CHANNEL continues to function as a flood control facility at its design level. 25 8. Assume no responsibility, obligation, or liability whatsoever, for (i) the 26 design,construction,inspection,operation and maintenance of PROJECT,or(ii)CITY'S public's 27 28 15 202190 1 use of CHANNEL RIGHT OF WAY as granted herein, unless done so expressly in writing 2 approved by both parties as an amendment or addendum to this agreement. 3 9. Should DISTRICT determine that a closure of TRAIL for the purpose of 4 operation, maintenance or construction is necessary, DISTRICT shall provide thirty (30) days' 5 notice to CITY of such closure. 6 7 SECTION III g It is further mutually agreed: 9 1. DISTRICT reserves the right to terminate this License Agreement and any 10 encroachment permit issued thereto, if for any reason whatsoever, DISTRICT determines that I I CITY'S or public's use of CHANNEL RIGHT OF WAY is not compatible with CHANNEL'S 12 primary flood control purpose or function. 13 14 2• PROJECT shall, at all times, remain sole ownership and exclusive 15 responsibility of CITY. Nothing herein shall be construed as creating any obligation or 16 responsibility on the part of DISTRICT to operate,maintain or warranty PROJECT. 17 3. Except as otherwise provided herein,all construction work associated with 18 PROJECT shall be inspected by CITY and shall not be deemed complete unfit approved and [9 accepted as complete by CITY. 20 21 4. DISTRICT personnel may observe and inspect all work being done on 22 PROJECT. It is further mutually agreed by the parties hereto that any quality control comments 23 shall be provided to CITY personnel who,as CITY construction contract administrator,shall be 24 solely responsible for all official communications with its construction contractor(s). 25 5. Any waiver by DISTRICT or by CITY of any breach of any one or more 26 of the terms of this License Agreement shall not be construed to be a waiver of any subsequent 27 28 or other breach of the same or of any other term hereof. Failure on the part of DISTRICT or - 8 - 16 202190 I CITY to require exact, full and complete compliance with any terms of this License Agreement 2 shall not be construed as in any manner changing the terms hereof, or estopping DISTRICT or 3 CITY from enforcement hereof. 4 6. If any provision in this License Agreement is held by a court of competent 5 6 jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless 7 continue in frill force without being impaired or invalidated in any way. g 7. This License Agreement is to be construed in accordance with the laws of 9 the State of California. 10 8. Any and all notices sent or required to be sent to the parties of this License I I Agreement will be mailed b first class mail g y ,postage prepaid,to the following addresses: 12 RIVERSIDE COUNTY FLOOD CONTROL CITY OF PALM SPRINGS 13 AND WATER CONSERVATION DISTRICT 3200 E.Tahquitz Canyon Way 1995 Market Street Palm Springs,CA 92262 14 Riverside, CA 92501 Attn: Gianfranco Laurie 15 Attn: Operations and Maintenance Division 16 9. Any action at law or in equity brought by any of the parties hereto for the 17 purpose of enforcing a right or rights provided for by this License Agreement, shall be tried in a 18 court of competent jurisdiction in the County of Riverside, State of California, and the parties 19 hereto waive all provisions of law providing for a change of venue in such proceedings to any 20 21 other county. 22 10. This License Agreement is the result of negotiations between the parties 23 hereto and the advice and assistance of their respective counsel. The fact that this License 24 Agreement was prepared as a matter of convenience by DISTRICT shall have no import or 25 significance. Any uncertainty or ambiguity in this License Agreement shall not be construed 26 against DISTRICT because DISTRICT prepared this License Agreement in its final form. 27 28 - 9 - 17 202190 1 11. This License Agreement is intended by the parties hereto as a final 2 expression of their understanding with respect to the subject matter hereof and as a complete and 3 exclusive statement of the terms and conditions thereof and supersedes any and all prior and 4 contemporaneous agreements and understandings,oral or written, in connection therewith. This 5 6 License Agreement may be changed or modified only upon the written consent of the parties 7 hereto. 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 - 10- 18 l IN WITNESS WHEREOF,the parties hereto have executed this License Agreement on 2 (to be filled in by Clerk of the Board) 3 4 5 RIVERSIDE COUNTY FLOOD CONTROL RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT 6 7 8 BY By WARREN D. WILLIAMS MARION ASHLEY, Chairman 9 General Manager-Chief Engineer Board of Supervisors, Riverside County Flood Control and Water Conservation District 10 APPROVED AS TO FORM: ATTEST: 11 12 GREGORY P. PRIAMOS KECIA HARPER-IHEM County Counsel Clerk of the Board 13 14 IS BY BY NEAL R. KIPNIS Deputy 16 Deputy County Counsel 17 (SEAL) 18 19 20 21 22 23 24 25 Tahquitz Creek Channel, Stage 1 Project No. 6-0-00060(EP No. 3500) 26 License Agreement w/City of Palm Springs 27 AMR:bhn 02/03/16 28 - 10- Z9 1 CITY OF PALM SPRINGS 2 3 By DAVID H. READY 4 City Manager 5 6 APPROVED AS TO FORM: ATTEST: 7 8 BY BY DOUGLAS HOLLAND JAMES THOMPSON 9 City Attorney City Clerk 10 (SEAL) 11 12 13 14 15 16 17 18 19 20 21 22 23 Tahquitz Creek Channel, Stage 1 24 Project No. 6-0-00060(EP No. 3500) License Agreement w/City of Palm Springs 25 AMR:bIm 02/03/16 26 27 28 - ]1 - 20 Exhibit A A �Oy CA.UINO PARqCELA CALLS R z PROJECT AREA SUNNY DUNES RD SUNNY DUNES RD fNDUSTRTgL pL N t � R 0 S RNERSIDE DR 4Q SAN LORENZO RD MESQUITE AVE License Agreement Tahquitz Creek Channel, Stage I (EP 3500) Project Number: 6-0-00060 21 ATTACHMENT 4 22 Notice of Exemption Form D To: ❑ Office of Planning and Research From: (Public Agency) City of Palm Springs PO Box 3044, 1400 Tenth Street,Room 212 3200 E. Tahquitz Canyon Way Sacramento,CA 95812-3044 Palm Springs, CA 92262 County Clerk (Address) County of Riverside P.O. Box 751 Riverside, CA 92502-0751 Project Title: Tahquitz Creek "Triangle Parcel" Trail Head Project Location -Specific: Palm Springs, Section 23, T4S, R4E, APN 508-161-002, south-east corner of South Palm Canyon Drive and Sunny Dunes Road, north of Tahquitz Creek Channel. Project Location—City: Palm Springs Project Location—County: Riverside Description of Project: The project consists of replacement of an existing under-sidewalk drain, removal of existing asphalt concrete drainage swale, installation of 8" reinforced concrete pipe storm drain, and connection to the existing outlet structure at Tahcfaitz Creek Channel. Name of Public Agency Approving Project: city of Palm springs Name of Person or Agency Carrying Out Project: city of Palm Springs Exempt Status: (check one) ❑Ministerial(Sec.21080(b)(1); 15268); ❑Declared Emergency(Sec.21080(b)(3); 15269(a)); ❑Emergency Project(Sec.21080(b)(4); 15269(b)(c)); }Categorical Exemption.State type and section number: 15301(c) & (e) Existing Facilities ❑Statutory Exemptions.State code number: Reasons why project is exempt: The project will convert the existing open surface flow to an underground system to � improve the RCFC owned "triangle parcel" as a Trail Head for the future Coachella valley Link Bike Path to be constructed by CVAG. i Lead Agency Savat Kha hou, P.E. Contact Person: n'p Area Code/Telephone/Extension: (760) 323-8253 x 8744 If filed by applicant: 1.Attach cenifi d um of exam ion find' 2.Has a Notice xe ion led by public agency approving the project? ❑Yes ❑No Signature: Date: Title: Aast.Dir.Public Works JZ Signed by Lead Agency Date received for filing at OPR: ❑Signed by Applicant January 2004 Governor's Office of Planning and Research 27 23 Cindy Berardi From: Jennifer Nelson Sent: Wednesday, March 02, 2016 1:36 PM To: Kathie Hart; Cindy Berardi; Terri Milton Cc: Jay Thompson Subject: FW: 2. H.Tahquitz Creek Triangle Gateway Project From: William Post fmailto:bdoost(&yahoo com] Sent: Wednesday, March 02, 2016 10:28 AM To: Robert Moon; Chris Mills; Ginny Foat; Geoff Kors; ]R Roberts Subject: 2. H. Tahquitz Creek Triangle Gateway Project Dear Mayor and City Council, I am very happy to see this project is moving forward. The visual improvements to the sidewalks, landscaping and drainage system will be fantastic. What is most important in my mind will be the "oil- separator" that no one will see. This is to be part of the project and will hold back oil and other undesirable items from entering the creek. Thank you for your continued support for this project and the Tahquitz Creek Master Plan. Sincerely, William Post resident of Palm Springs founding member Tahquitz Creek Yacht Club A�P,�I t Zf cry a�rbf•