Loading...
HomeMy WebLinkAbout2011/10/11 Item 03CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF CHULAVISTA OCTOBER 11, 2011 Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) AND AUTHORIZING THE ASSISTANT CITY MANAGER/DEVELOPMENT SERVICES DIRECTOR AS AGENT TO CONDUCT ALL BUSINESS MATTERS WHICH MAY BE NECESSARY FOR THE COMPLETION OF THE GRANT PROJECT. SUBMITTED BY: ASSISTANT CITY MANAGE DEVELOPMENT SERVICES DIRECTO REVIEWED BY: CITY MANAGE 4/STHS VOTE: YES ~ NO SUMMARY California voters passed the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) on November 7, 2006. This bond act authorized the Legislature to appropriate the sum of sixty-two million dollars ($62,000,000) for the acquisition, restoration, protection and development of river parkways in accordance with the California River Parkways Act of 2004 and delegated the California Natural Resources Agency as the administrator of the grant program. This grant round is the second and final round of the Prop 84, California River Parkways Grant Program. There are approximately thirty million dollars ($30,000,000) available for awards in this round. The grant application requests approximately $ l . l million and, if awarded, will provide for the design and construction of approximately 2.5 miles of trails east of I-805 to Heritage Road within the Otay Valley Regional Park (OVRP). Since 2007, 8.2 miles of trails have been constructed within the OVRP. This grant will help to complete the next segment of trails that will connect western OVRP to the eastern portion of OVRP and the larger Chula Vista Greenbelt network. 3-1 October 11, 2011, Item Page 2 of 3 ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity of a grant application for compliance with the California Environmental Quality Act CEQA and has determined that the activity is not a Project as defined under Section 15378 of the State CEQA Guidelines. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. The subsequent trails construction project would be subject to environmental review. RECOMMENDATION That the City Council approve the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable DISCUSSION The OVRP is managed jointly by the City of Chula Vista, City of San Diego, and the County of San Diego through an adopted Joint Exercise of Powers Agreement (JEPA). The OVRP extends 13 miles through the Otay River Valley just west of I-5 to upper Otay Lakes and currently contains over 8 miles of recently constructed trails. The proposed project will connect where the existing trails end at Rancho Drive and will extend the trails approximately 2.5 miles east to Heritage Road. The proposed project will provide a unique recreational opportunity in Chula Vista by providing access to an important ecosystem, an outdoor experience that currently does not exist in this area of Chula Vista, and expand the trail network within a portion of the City's Greenbelt system. Proposed Work Under the Grant If the grant application is approved it would cover the costs of a detailed trail alignment study, design engineering, detailed construction drawings, environmental permitting and associated construction costs. The total proposed project costs are anticipated to be approximately $1.1 million, generally distributed as follows: 1. $400,000 for design and construction of new trails 2. $120,000 for environmental studies and permits 3. $70,000 for 24 months of project management (staff) 4. $350,000 for culverts, fencing, staging areas and signage 5. A 10% contingency Grant Approval Process The grant application is due October 14, 2011. One of the submittal requirements is a signed Resolution of the City Council that certifies that the City understands the assurances and certification in the application (Attachment 1), the land tenure requirements of the grant (Attachment 2) and authorizes staff to apply for the grant, and appoints a designee, as agent to conduct all negotiations, execute and submit all documents (including but not limited to applications, agreements, and payment requests) as may be necessary for completion of the grant project. Staff anticipates submitting for the grant on October 14th and will be notified of State's action sometime in late Spring of 2012. 3-2 October 11, 2011, Item Page 3 of 3 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. CURRENT FISCAL YEAR IMPACT Staff time associated with completing grant agreements and related efforts should we be awarded (which would occur prior to June 30, 2012), can be met within the Development Services Department's approved FY2011-12 budget. There are no additional impacts to the General Fund this fiscal year as there is no grant work anticipated to occur until Fiscal Year 2012 -13. ON-GOING FISCAL IMPACT It is anticipated that all direct project-related costs associated with the trails project between Interstate 805 and Heritage Road will be recovered through the River Parkway grant funds. This currently includes $70,000 of staff time associated with coordinating and overseeing the grant work. Some indirect/overhead costs are not eligible for reimbursement, however, city staff time would be eligible for reimbursement at staff base rates plus the cost of benefits. The trails design, engineering, permitting and construction work will be accomplished through services to be contracted with grant funds. Should we be awarded the grant, the Development Services Department would incorporate costs and revenues associated with coordinating and overseeing the grant as part of its proposed FY2012-13 and 2013-14 budgets. The project would be completed approximately 24 months after commencement of work. Acceptance of the trails for use would be anticipated in mid-2014. Operations and maintenance costs would then need to be amended into the fiscal year 2014-15 OVRP budget. Under the existing Joint Exercise Powers Agreement (JEPA) between the City of Chula Vista, City of San Diego, and the County of San Diego, the City of Chula Vista is expected to pay a proportional share for parks operations and maintenance, based upon land ownership within this area of OVRP. Chula Vista's share is currently 36%. Based upon maintenance costs for existing trails, staff estimates the additional operation and maintenance costs for new trails constructed under the grant would be approximately .75 cents per lineal foot or $6,870.00 per year, with Chula Vista's portion (36%) being approximately $2,473.00/year. ATTACHMENTS 1.) River Parkways Grant Application 2.) Site Control and Land Tenure Requirements Prepared by: Lynnette Tessitore-Lopez, Associate Planner, Advance Planning Section 3-3 Section ~. ~iv~r Parkwaiys Cartant Pr~g~a~n F'977-~1C~/L~ ClU ( .~ Ap~(icatiari° Form Onlineappiicationfarmandinstructlonsavalla6ieaf ~•llroaources ca,go~dbonds/ap,pRJGrantsAp~fi~ion html Tha application fiorm should ba completed onEino and submitted electronically. Print, sign and trail the application form with th© required supporting materialsto theResources Agency{see page lv for mailing address). Eroject N ame Estimated; Date .at Damp letia n Grant Amoun# Requested:: $ Estimated Total Project Cost;. ~ {State Cxt2nt. and: other funds.atid itl=Klhij dariatioris) APPLECANTlSPONSOR (with mailing address) County Nearest CitylTown Cheek one: Nr~mProfft Project Address (or nearest cross street) Ldcal Public .Agency 5ta#e Agertcy Senate Dist. Assembly ntst. US Congressional Dist. Appl'icant's Representative Authorized ire ResolutCop (Signature required a[ bo~tom of this age) , Nams: Ttte: Phone: 'Email'Addtess Project Manager=person with day t0 d'ay,responsibtityfor project(ifdlfferentframauthorized reprssen#a~vej Name: ~ Tile: Phone: EihaO Address: t grief Descriptln n of Proieet Latifu d e Lo n g i to d e (Summarize inajor'activlties to ba funned tiy'this RP` Grant) ' Goardinafes' Represent:. GoardinatesTSefeemhed Using:. Name of'River, Stream or Greek:. .,. ...: Recreatlori ....... __ ..- ... Public Access Twp{2) statu2ciry J-iabiGat .,:. .,,:, ,,., t?rojectType: __.. cprrditions Floodivianagement ....:.:.. ....... Created:. Gonvefslon ::~_: ..:.........::..::;_::.:.,.;::::.:. Rasto"red:' CanseFVatiori & lnterpt'aCive Enhand`anisnt Acquired I certify that the informalian contained in this project appllaatlon, including lequireq attachments, is complete and accurate. :Signed:. Applicant's Authorized Representative as sL^own In Resolutior3 :Date ~$signee2- Y N if yesi artacti IetteF of designation frpm -Printtdaine: Print'Litie' autFYOrizedrepreseinafiee... ~, .~I~~c ~~~ L ~ T Z 9. RIVER PARKVIIAYS -SITE CONTROLJLAND TENfJRE REQUIREIVIENTS_. The State recognizes that specific activities may change over time; however ail uses on the project property must remain compatible with the River Parkway Grant Program in accordance with the following requirements: . Acquisition projects - The grantee or the grantee's successor in interest shall hold the real property only for the purpose for which the grant was made and make no other use or sale or other disposition of the property without the written permission of the State. Development projects - The grantee shall maintain and operate the property developed pursuant to this grant for a period of: a. At least 10 years for grants up to $100,000 b. At least 20 years for grants up to $1 million c. At least 25 years for grants over $1 million All projects g A document must be recorded against the real property that defines the State's interest in the property {see page 35) whether the grantee owns the property or nat. Exceptions may be granted as appropriate and at the sole discretion of the State. A copy of the full grant terms and conditions may be obtained by contacting our office. ® The grantee shall not use or allow the use of any portion of the real property for mitigation (i.e., to compensate for adverse changes to the environment elsewhere) without the written permission of the State. The grantee shall not use or allow the use of any portion of the real property as security far any debt. ® With fhe approval of the State, the grantee or the grantee's successor in interest in the property may enter into an agreement with another party to maintain and operate the property in accordance with this program. At a minimum, the agreement must do the following: 1. Clearly spell out the roles of each party in detail, 2. Be signed by both parties signifying their acceptance, 3. Not terminate prior to the length of site controViand tenure required by ,the grant agreement (only agreements that allow early termination for cause or by mutual consent will be acceptable) and, 4. Include language that the grantee would resume responsibility for ongoing operations and maintenance in the avant of cancellation. ® Grantee may be excused from its obligations for operation and maintenance of the project- site only upon the written approval of the State r'or good cause. "Good cause" includes, but is not limited to, natural disasters that destroy the project improvements and render the project obsolete or impracticable to rebuild. RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING AN APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) AND AUTHORIZING THE ASSISTANT CITY MANAGER/DEVELOPMENT SERVICES DIRECTOR AS AGENT TO CARRY OUT ALL BUSINESS MATTERS WHICH MAY BE NECESSARY FOR THE COMPLETION OF THE GRANT PROJECT WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicants governing board before submission of said application(s) to the State; and WHEREAS, as Applicant, the City, if selected, will enter into an agreement with the State of California to carry out the project; and WHEREAS, The Environmental Review Coordinator has reviewed the proposed activity of a grant application for compliance with the California Environmental Quality Act CEQA and has determined that the activity is not a Project as defined under Section 15378 of the State CEQA Guidelines Therefore pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. The subsequent trails project would be subject to environmental review. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby: 1. Approve the filing of an application for the eastern Otay Valley Regional Park trails project; 2. Certify that the City understands the assurances and certification in the application; and, 3. Certify that the City will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so; and, 3-6 Resolution No. Page 2 4. Certify that the City will comply with all provisions of Section 1771.5 of the California Labor Code; and, 5. If applicable, certify that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, disabled access laws, and, that prior to commencement of construction, all applicable permits will have been obtained; and, 6. Certify that the City will work towards the State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1, and 7. Appoint the Assistant City Manager/Development Services Director or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project. Presented by Approved as to form by yI~!C_/ 1 Gary Halbert, P.E., AICP ~~~rre~' R. ~ ~~ ins- Assistant City Manager/Development ~,~C' y Attorne Services Director 3-7 .~f~i-n rv~/o. 3 ~~1G{~~nf l RIVED Pt1RIZt~VAYS -APPLICATION FOR11'I AppGCant information - - - i Applicant Name Qnax 55 characters}: Grant Information Grant Amount Requested: $ r1 1 Million __ ._ _- C~it of Chula Vista --- AP1;licant Address Aridiess Line t 276 Fourth Ave, Building 300 J Address Line 2: I -- -~~ Ciay._Chula Vista State: California , Zip: 91910 Check One NrnrProfit (~LOCaI Public Agency r ~? S rate ,~xj ency Project Name (max 55 characters): Otay Valley Regional Park Eastern Trails Estimated Tota{ Project Cost $ 1.1 Million - State gran!, other funds, and any in.N~rd donate^ns Estimated Date of Completion: 6/30/2014 Dates may be;~ped in using~the tolha7ng format'rvtirVODr1'YVY', erampie: fill E.+Z 612 '~. county: San Diego ~l I, Nearest CitylTOHm: National City Project PsJdress (or nearest cross street): _ _ -_ Interestate 805 and Main Street (East) - Senate District Numher r40 ('l I Assembly District Numher: [g g g0 - ~ - ' (+) US Congressional District Numher: 51 & 53 ~~~' ! b~ preesmg the I-) '. If year Rrryect is. kcated in mere than one district add other distract numberfs __ - _ ~ '~, ApplicanE's Representative Authorized in Resolution Name: (Gary Halbert Phone: 619-691-5002 1 I Tiue: ~ssistant City Manager Email Address: GHalbert@chulavistaca.gov __ I Grant Description and Location Information Eriet Descnption of Project (max 5U0 characters): Design and construction of approximately 2.5 miles - oftrails within the Otay Valley Regional Park. This trail segment will expand the connection to the City's 28 mile, greenbelt system. LaPikide: Longitude: Coordinates Represent: Coordinates Determined Using ~;oZone Name of River, Steam or Creek: Statutory Conditions Tr+o t21 sEatu6ory rnntli[ions [Recreation ^ Habitat ^Flood AAanagement ^ Conversion [~CCnservalion & Interpretive Enhancement ______ __ _ - Proleck Manager -Person wiEh day to day responsibility for project (if different from Authorized Representative) Name: Lynnette Lopez Phone: 619 409-5465 Title: ASSOCIate Planner I Email Address: LTessifore-Lopez@chulavisfaca.go~i '., L.. _ --- -- - _._. (117.02513298016 32.5924506206069 East of I-805 City GIS Program v. Other Infonnakion. Public Access: ~~Yes ~ fdo Otay River Project Type: Mile of Trails to be Creafied: Acres of Habitat to be Restored: Number of Acres to be Acquired: Submit Development v 4 r2.5 ---- I! Undetermined !',