Loading...
HomeMy WebLinkAbout2012/03/13 Item 13CITY COUNCIL AGENDA STATEMENT ~~ ~x~, ~~ _..~ ;.'.4,,~ `~~ CITY OF "~^" CHULAVISTA 3/13/2012, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $466,000 FROM THE GENERAL FUND RESERVE FOR FISCAL YEAR 2012 TO THE EXISTING CAPITAL IMPROVEMENT PROJECT DR189, FOR CONSTRUCTION OF BONITA CANYON REPAIRS, ENVIRONMENTAL PERMITTING FEES, AND ASSOCIATED CONSULTANT SERVICES, AND APPROVING CERTAIN ADDITIONAL SERVICES IN ACCORDANCE WITH ARTICLE I OF THE EXISTING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEE ING COMPANY IN THE AMOUNT OF $38,000 SUBMITTED BY: DIRECTOR OF PUBLIC WORK ASSISTANT DIRECTOR OF E REVIEWED BY: CITY MANAGE ASSISTANT CITY ANAGER ~~ 4/STHS VOTE: YES ® NO ^ SUMMARY On August 17, 2010 by Reso 2010-212, City Council approved capital improvement project DR189 "Bonita Canyon Repairs" and authorized the Director of Public Works to negotiate with the consultant team of Rick Engineering Company and Helix Environmental Planning, Inc. (Rick Engineering Team) to complete the design and environmental review for Bonita Canyon. Over the past year, Rick Engineering Team has been processing the design plans for the Bonita Canyon Repair Project (Project), conducting field surveys, and preparing technical reports to support the project's environmental review process. In order to keep the project moving forward and to complete necessary environmental and biological work during the spring and summer of 2012, staff requests a total appropriation of $466,000. Staff will return to Council to appropriate $514,000 for the environmental mitigation and monitoring phase in the next CIP cycle. Subsequently, staff will bid the project and return to Council to award the contract to the lowest responsible bidder. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the appropriation of funds for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have significant effect on the environment. Therefore, pursuant 13-1 3/13/2012, Item ~~ Page 2 of 4 to Section 15061(b)(3) (General Rule) of the State CEQA Guidelines the proposed action is not subject to CEQA. Although environmental review is not necessary at [his time, additional environmental review will be required as applicable prior to the approval of any future project specific development entitlements including, but not limited to, site development plans, building permits, land development permits, and conditional use permits. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION In the summer of 2010, the Department of Public Works presented to the City Council a Drainage Repair Priority List based on public safety and the potential loss of public and private property. Bonita Canyon and Long Canyon Drainage Channels were identified as top priority for major eroded drainage channels. Subsequently, on July 23, 2010, Rick Engineering Company completed a drainage priority assessment of Bonita Canyon and Long Canyon, and determined that the work in Bonita Canyon is the most critical, due to the deterioration of valuable preserve land and the potential loss of private property. On August 17, 2010 by Reso 2010-212, City Council approved capital improvement project DR189 "Bonita Canyon Repairs" and authorized the Director of Public Works to negotiate with Rick Engineering Team to complete the design and environmental review for Bonita Canyon. Subsequently, on November 9, 2010, per Resolution 2010-263, the City Council approved an agreement between the City of Chula Vista and Rick Engineering Team for an amount of $144,800 for providing professional services for the Bonita Canyon Repair Project. Since then, the Rick Engineering Team has been working on processing environmental reviews and preparing plans and specifications for this project through City and other agencies reviews. The majority of the project is located within a designated 100% Conservation Area (Preserve) under the City's Multiple Species Conservation Program (MSCP) Subarea Plan (see Attachment 3). In accordance with City's MSCP Subarea Plan, a series of biological surveys and the approval of an environmental document are required to ensure that the proposed design would have the least impact on the preserve and the surrounding environment. Completion of these required biological surveys is dependant on seasonal restrictions that can vary by target species and/or resource type. Thus, it is imperative that work continue on this phase in order to be able to obtain needed environmental permitting approvals and to finish the engineering construction design in a timely manner. It is prudent that since the project has already started, the most cost effective solution is to continue to completion. The biological surveys for the project were performed between June 2010 and June 2011 in accordance with CEQA guidelines. In order to move forward with the design and environmental review, City staff requested that Rick Engineering Team perform additional tasks as itemized in Table No.l that were not included in the original contract. Rick Engineering Team has requested $38,000 for completion of these tasks. 13-2 3/13/2012, Item Page 3 of 4 TABLE NO. 1 A eacies Permittin Fees and Associated Consultant Su or Item Cost Engineering Cost for Extending the Grading/ Administration $ 8,000 Miti anon Plan Revision/Administration 10,000 A encies ermittin fees and Permits Processin / 19,000 Miti anon Land Search and Mana ement 1,000 Total $38,000 As design work and the environmental process are nearing completion, staff would like to appropriate funding in the amount of $466,000 to the existing project (DR189), such that it may prepare bid documents, put the project out to bid and begin to secure all of the environmental permitting necessary (e.g. permit 1604 from State of California Department Fish and Games and permit 404 and 401 from U. S Army Corps of Engineers). Though the funding requested by this action will be sufficient to construct the project, the construction cannot occur, nor be initiated, without proper mitigation. Staff anticipates that the mitigation will cost approximately $514,000, which cost will cover acquisition of the mitigation land as well as mitigation monitoring. This additional funding of $514,000 will be requested by staff and included by staff as part of the CIP budgeting process for the 2012/2013 Fiscal Year. Provided the $514,000 is adopted as part of the FY 2012/2013 budget and following the completion of the environmental review process and subject to seasonal biological restrictions, staff anticipates that the construction of the project will begin in the second quarter of FY 2012/13. Following tonight's action, Staff will solicit competitive bids for the construction and environmental mitigation and permitting and return to Council to award the contract in accordance with the City's guidelines. Table No.2 is an itemized cost estimate for the construction and environmental permitting submittal permitting fees for fiscal year 2012: TABLE N0.2 CONSTRUCTION COST AND ENIRONMENTAL PERMITS SUBMITTAL Construction Cost $289,000 15% Contin enc 44,000 A encies Permittin Fees and Associated Consultant Su ort 38,000* Geotechnical Consultant Su ort 15,000 Staff Su ort 80,000 Total $466,000 * See 'L able No.l for cost breaKUOwn. During the Fiscal Year 20]3 CIP updates, staff will request appropriation of additional funds for the environmental mitigation and monitoring phase in order to continuously work on the completion of the project. The following is an itemized cost estimate for this phase: 13-3 3/13/2012, Item ~~ Page 4 of 4 TABLE N0.3 ENVIRONMENTAL MITIGATION AND MONITORING COST Revegetation Monitoring $ 89,000 Five Years Revegetation Installation and Maintenance 160,000 Mitigation Land Purchasing 175,000 IS%Contin ency 64,000 Staff Su ort 26,000 Total $514,000 Due to environmental and biological work needed for this project, it is prudent that the two phases of this project be done consecutively. If not, the channel will be vulnerable to additional damage and erosion. In addition, if the on-site Mitigation Phase is not implemented in the subsequent fiscal year, there is risk that the environmental permitting process will have to be redone at an additional expense. 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 that is the subject of this action. CLiRRENT YEAR FISCAL IMPACT The environmental and biological work for this project must be completed in the spring - summer. As a result staff is requesting a total of $466,000, which is partially offset by $66,850 from one-time revenues derived from the sale of the Otay Water District Easement approved by Council on February 14, 2012 -Resolution No. 2012-017 resulting in the net impact to the General Fund Reserves in the current fiscal year of $393,500. The funds are proposed to be appropriated to the existing project DR189. An additional $514,000 for the remaining environmental and improvement costs will be required to be appropriated to DR189 in the FY2012-13 Capital Improvement Budget. The appropriation will result in a negative impact to the General Fund Reserves. Traditional funding sources (TransNet, Development Impact Fees, Gas Tax, and etc. used for Public Works contracts are not eligible for this type of project. ONGOING FISCAL IMPACT After completion of the project, an annual on-going maintenance will be required. ATTACHMENTS 1. Resolutions (No. 2010-212, 2010-263, 2012-017) 2. Vicinity Map 3. MSCP Designations Prepared by: Roberto Yano, Sr. Civi[ Engineer, Public Works-Engineering. J:\EngineerWGBNDA\CAS2012\03-13-12\Bonita Canyon Repair DR189 Addtl Appropriazion dm edits 3-7B.doc 13-4 q~q,CHMENT ~ RESOLUTION NO. 2010-212 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "BONITA CANYON REPAIRS" (DR-189), AMENDING THE FISCAL YEAR 2010/2011 CIP PROGRAM, APPROPRIATING FUNDS THEREFOR; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO NEGOTIATE WITH THE CONSULTANT TEAM OF RICK ENGINEERING COMPANY AND HELIX ENVIRONMENTAL PLANNING INC.; AND IF NECESSARY, AUTHORIZE STAFF TO PREPARE AND SOLICIT REQUESTS FOR PROPOSALS FOR ENGINEERING DESIGN, ENVIRONMENTAL REVIEW AND GEOTECHNICAL SERVICES SO THE ENGINEERING DESIGN AND ENVIRONMENTAL DOCUMENT CAN BE COMPLETED BY SPRING 2011 WHEREAS, in 2004 the City of Chula Vista completed a Citywide Drainage Master Plan prepared by the consultant PBS&J; and WHEREAS, City staff presented the findings to the City Council at an infrastructure workshop on April 5, 2007; and WHEREAS, a list of drainage deficiencies that had been identified through the 2004 Drainage Master Plan regarding the citywide drainage priority list was prepazed as part of comprehensive asset management approach that would ensure the best use of limited funding; and WHEREAS, City staff has been working to complete the work on those locations listed on the drainage priority list that is separated into the following five priority categories: Priority 1 Tier: Frequent flooding and/or high chance of personal injury or property damage. Priority 2 Tier: Occasional flooding with a chance of personal injury or property damage. Priority 3 Tier: Frequent nuisance flooding. Priority 4 Tier: Occasional nuisance flooding. Priority 5 Tier: Frequent or routine maintenance manages problem but a CIP project could eliminate the problem; and 13-5 Resolution No. 2010-212 Page 2 WHEREAS, in Fiscal Yeaz 2009/2010, City staff entered into an agreement with The Rick Engineering Company in order for this consultant to prepare an unbiased evaluation of Bonita Canyon and Long Canyon, each a Priority 1 Tier canyon; and WHEREAS, each canyon is located in eastern Chula Vista; and WHEREAS, Bonita Canyon is located north of Rancho Del Rey Parkway to the intersection of Bonita Road/Willow Street and the Long Canyon study azea is located from the vicinity of Corral Canyon Road/East H Street to about the area of Canyon Drive/Country Vistas Drive; and WHEREAS, the consultant is recommending that the work at Bonita Canyon be completed first; and WHEREAS, in order to resolve [he erosion issue at Bonita Canyon, it is necessary to establish a Capital Improvement Program project; and WHEREAS, in the drainage deficiency list presented to Council in April 2007, Bonita Canyon repairs were originally estimated at $3,900,000 with a recommendation that further analysis was needed in order to determine what would ultimately be needed; and WHEREAS, the work estimate today ranges from about $680,000 to $1,000,000 depending on the number of phases that work is completed in; and WHEREAS, if Council approves the funding, the design work and environmental review could begin relatively quickly so that pending construction funding, construction work could commence sooner; and WHEREAS, the majority of Bonita Canyon is designated Conservation Area pursuant to the City of Chula Vista's MSCP SubArea Plan; and WHEREAS, although more expensive initially, in the long run, completing the project in one phase becomes the most cost efficient solution and completes the needed work on Bonita Canyon the quickest; and WHEREAS, staffls recommendation is to appropriate $150,000 for design and environmental review on Bonita Canyon; and WHEREAS, the consultant team of Rick Engineering Company and Helix Environmental Planning, Inc. have unique knowledge of this project, due to the work performed on their recently completed Preliminary Assessment Report; and 13-6 Resolution No. 2010-212 Page 3 WHEREAS, due to the urgency of the need for repairs to Bonita Canyon and the cost and time savings that can be achieved by retaining consultants with familiazity and expertise related to this project, staff is requesting that Council authorize negotiating terms with the consultant team of Rick Engineering Company and Helix Environmental Planning, Inc. to perform the design work and environmental review; and WHEREAS, staff will bring back as a future action to Council a report on funding options such as grant funding to fund the construction and mitigation phase of the project estimated at $530,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby establish a new Capital Improvement Project "Bonita Canyon Repairs" (DR- 189), amend the Fiscal Yeaz 2010/2011 C1P Program and appropriate $150,000 from unanticipated revenues to the General Fund Non-Departmental CIP budget into a new Capital Improvement Program project titled "Bonita Canyon Repairs" (DR-189) to fund the engineering design and environmental review only. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby authorize the Director of Public Works to negotiate with the consultant team of Rick Engineering Company and Helix Environmental Planning Inc. BE IT FURTHER RESOLVED that if the Director of Public Works is unsuccessful in negotiating a contract with the consultant team, authorize staff to prepare and solicit requests for proposals for engineering design, environmental review and geotechnical services so the engineering design and environmental document can be completed by Spring 2011. Presented by Richazd A. Hopl-' Director of Public Works 13-7 Approved as to form by Resolution No. 2010-212 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of [he City of Chula Vista, California, this 17th day of August 2010 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Co Ma or ATTEST: Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby. certify that the foregoing Resolution No. 2010-212 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 17th day of August 2010. Executed this 17th day of August 2010. ~~.. rQ ~~ Donna R. Norris, CMC, City Clerk 13-8 RESOLUTION NO. 2010-263 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING TEAM FOR PREPARING ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES FOR CAPITAL IMPROVEMENT PROJECT "BONITA CANYON REPAIRS" (DR189) WHEREAS, the City of Chula Vista's infrastructure includes natural and improved drainage systems that convey water away from property and ultimately out to the receiving waters of the Otay and Sweetwater Rivers and the San Diego Bay; and WHEREAS, staff noticed that Bonita Canyon channel has erosion problems that need to be repaired to control the erosion in the channel; and WHEREAS, on July 23, 20]0, Rick Engineering Company completed a drainage priority assessment and determined that the work in Bonita Canyon is the most critical and has the highest priority among all drainage erosion projects in the City; and WHEREAS, on August 17, 2010, per Resolution No. 2010-212, the City Council established a new capital improvement project for Bonita Canyon Repairs project; and WHEREAS, City of Chula Vista amended the Fiscal Year 2010/2011 CIP Program approving funds to include Bonita Canyon Repairs project; and WHEREAS, City Council authorized staff to negotiate a contract with Rick Engineering Company as the lead consultant and Helix Enviromnental Planning Inc. as a subconsultant (Rick Engineering Team); and WHEREAS, after a thorough negotiation, staff was successful in reaching an agreement with Rick Engineering Team to perform the work as described in Resolution No. 2010-212 for an amount of $144,800; and WHEREAS, staff has been coordinating this project with the County of San Diego since Bonita Canyon Channel flows downstream through the County of San Diego Jurisdiction; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this agreement. 13-9 Resolution No. 2010-263 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an agreement between the City of Chula Vista and Rick Engineering Team for preparing engineering design and environmental review services for Capital Improvement Project "Bonita Canyon Repairs" (DR189). Presented by Richazd A. o 'ns Director of Public Works Approved as to form by ~~ aL Bart . Miesfeld City Attorney . PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Califomia, this 9th day of November 2010 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: ~~ R ~~~~~ Donna R. Norris, MC, ity Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA Cheryl Cox, or I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2010-263 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 9th day of November 2010. Executed this 9th day of November 2010. 0 ~A onna R. Norris, C ,City Clerk 13-10 RESOLUTION NO. 207 2-017 RESOLUTION OF THE CITY COUNCIL OF THE C[TY OF CHULA VISTA ACCEPTING AN OFFER FROM THE OTAY WATER DISTRICT TO PURCHASE EASEMENTS ACROSS CITY OWNED LAND FOR WATER PIPELINE WHEREAS, the City of Chula Vista is the fee owner of that certain real property more particulazly described as San Diego County Assessor's Parcel Nos. 644-080-I1 in the City of Chula Vista, County of San Diego, State of California (City Land); and WHEREAS, the Otay Water District (Water District) is a local water district serving parts of Chula Vista as well as other areas within San Diego County; and WHEREAS, The Water District is dedicated to increasing its delivery of recycled water for irrigation to customers within its jurisdictional area, and the Wueste Road pipeline, when built, will provide a link for the delivery of recycled water to the District's customers in Otay Mesa; and WHEREAS, a portion of the alignment of this pipeline crosses the herein described City Land and the Water District requires a permanent Easement (0.61 acres) and a Temporary Construction Easement (2.488 Acres) from the City; and WHEREAS, the Water District has offered to purchase those easements from the City for a purchase price of $66,800, as supported by an appraisal reviewed and approved by City Staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does, contingent upon similar action by the governing Board of the Otay Water District, hereby accept the offer from the Water District to purchase easements across the City Land and authorizes the execution of the Purchase Agreement and Easement Deeds with any minor corrections as deemed necessary by the City Attorney. Presented by Approved as to form by 13-11 Resolution No. 2012-017 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of February 2012 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ~~- ~~~ Cheryl Cox, yor ATTEST: Donna R. Nom , C , Ctty Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2012-017 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 14th day of February 2012. Executed this 14th day of February 2012. ~~ , /~~.111Z ~~ 0J4 ,,.a Donna R. Noms, CMC, City Clerk 13-12 __ ._. ~~ BONITA CANYON EROSION CONTROL IMPROVEMENTS HELIX Environmental PIS t[UJCCL LVGil l.1V 111~1Q~/ J W Lriavi Lc~a~uaiavaa~ BONITA CANYON EROSION CONTROL IMPROVEMENTS D rn /~ Iw RESOLUTION NO. 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $466,000 FROM THE GENERAL FUND RESERVE FOR FISCAL YEAR 2012 TO THE EXISTING CAPITAL IMPROVEMENT PROJECT DR189, FOR CONSTRUCTION OF BONITA CANYON REPAIRS, ENVIRONMENTAL PERMITTING FEES, AND ASSOCIATED CONSULTANT SERVICES, AND APPROVING CERTAIN ADDITIONAL SERVICES IN ACCORDANCE WITH ARTICLE I OF THE EXISTING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY IN THE AMOUNT OF $38,000 WHEREAS, the City of Chula Vista's infrastructure includes natural and improved drainage systems that convey water away from property and ultimately out to the receiving waters of the Otay and Sweetwater Rivers and the San Diego Bay; and WHEREAS, staff noticed that Bonita Canyon channel has erosion problems that need to be repaired to control the erosion in the channel; and WHEREAS, on July 23, 2010, Rick Engineering Company completed a drainage priority assessment and determined that the work in Bonita Canyon is the most critical and has the highest priority among all drainage erosion projects in the City; and WHEREAS, on August 17, 2010, per Resolution No. 2010-212, the City Council established a new capital improvement project for Bonita Canyon Repairs project DR189; and WHEREAS, City of Chula Vista amended the Fiscal Year 2010/2011 CIP Program approving funds to include Bonita Canyon Repairs project; and WHEREAS, on November 9, 2010, per Resolution 2010-263, the City Council approved an agreement between the City of Chula Vista and Rick Engineering Team for professional services for preparing plans and specifications for Bonita Canyon Repair Project; and WHEREAS, the design work and the environmental process are nearing completion; and WHEREAS, staff is requesting an appropriation in the amount of $466,000 to the existing project (DR189), which will allow staff to put the project out to bid and begin to secure all of the environmental permitting necessary; and WHEREAS, included in the total appropriation requested are funds necessary, in the amount of $38,000, to have the Rick Engineering Team perform additional tasks under the existing contract and to pay permit application fees; and 13-15 Resolution No. Page 2 WHEREAS, though funding requested by this action will be sufficient to cover the construction of the project, the construction cannot occur, nor be initiated, without proper mitigation and monitoring; and WHEREAS, staff anticipates that the mitigation and monitoring will cost approximately $514,OOO;and WHEREAS, staff will include $514,000 from the General Fund Reserve in the proposed FY 2012-13 Capital Improvement Budget DR 189 for the environmental mitigation and monitoring phase in order to implement the project; and WHEREAS, construction of the project in FY 2012-13 is necessary to avoid redoing the environmental permitting process at an additional expense and prevent further erosion; and WHEREAS, staff has been coordinating this project with the County of San Diego since Bonita Canyon Channel flows downstream through the County of San Diego Jurisdiction; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby appropriate $466,000 from the General Fund Reserve for Fiscal Year 2012 to the existing Capital Improvement Project DR189, for construction of Bonita Canyon repairs, environmental permitting fees, and associated consultant services, and approving certain additional services in accordance with Article I of the existing agreement between the City of Chula Vista and Rick Engineering Company in the amount of $38,000 Presented by Richard A. Hopkins Director of Public Works 13-16