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HomeMy WebLinkAbout2013/04/23 Item 05CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF CHULAVISTA 4/23/13, Item S ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $13,258 FROM THE OTAY VALLEY ROAD ASSESSMENT DISTRICT 90-2 IMPROVEMENT FUND FOR ADDITIONAL CONSULTANT SERVICES REQUIRED TO ESTABLISH THAT ALL OF THE ENVIRONMENTAL OBLIGATIONS ASSOCIATED WITH A CITY ROAD WIDENING PROJECT HAVE BEEN COMPLETED q SUBMITTED BY: DIRECTOR OF PUBLIC WORKS \ DIItECTOR OF DEVELOPMENT VICES , fl ' ^ ' ASSISTANT DIRECTOR OF ENGINEERING ~J REVIEWED BY: CITY MANAGER ~~ ASSISTANT CITY NAGER ,lam ~yU 4/STHS VOTE: YES ® NO ^ SUMMARY In 1992 by Resolution 16639, the City Council approved the formation of Assessment District 90-2 Otay Valley Road/Main Street (AD 90-2) for the purpose of funding the road widening and other improvements from I-805 easterly to the Heritage Road bridge crossing. Although the construction of the roadway improvements have been completed, sign-off from environmental resource agencies is required for this project. In order to obtain such sign-off, it has been determined by staff that additional work is necessary. Consultant Merkel & Associates has been selected to assist City staff in completing such work. The maximum cost of the additional work is $13,258. This amount needs to be appropriated from Assessment District 90-2 Improvement Fund. ENVIIZONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a Class 6 categorical exemption pursuant to Section 15306 (Information Collection) of the State CEQA Guidelines because the action consists of a proposal to collect data, conduct research and present a summary report with recommendation, resulting in no serious or major disturbance to an environmental resource. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 5-1 4/23/13, Item S Page 2 of 2 DISCUSSION Assessment District 90-2 was established in 1992 to finance roadway and related improvements on Otay Valley Road from I-805 to the Eastern City boundary. The construction of the roadway improvements have been completed; however it is necessary to perform additional work to confirm that all of the environment obligations associated with the construction have been completed in accordance with California Department of Fish & Wildlife (CDFW), Army Corps of Engineers (ACOE), and Fish and Wildlife Service (FWS), (cumulatively "Wildlife Agencies") permits. Merkel & Associates has been selected to assist City staff to perform such work. The additional work includes surveys for the federal and state listed endangered Least Bell's Vireo within land surrounding mitigation azeas for the Otay Valley Road Widening Project. The history of this project is long and complex and key staff from Merkel & Associates played a pivotal role consulting for this project nearly 20 years ago. As a result, Merkel and Associates has the historical information necessary to resolve any outstanding environmental permit obligations. Furthermore, Merkel & Associates has longstanding relationships with the resource agencies involved with the project including the Army Corps of Engineers (ACOE), Califomia Department of Fish & Game (CDFW), and Fish and Wildlife Service (FWS). Merkel & Associates has reviewed City and Agency documents and other resources, visited the subject site(s) determined to be associated with the permits, and has prepared a summary of the status of permit compliance including a list of specific next steps and estimated timeline required to receive final approvaUsign-off from the Wildlife Agencies. Merkel & Associates has submitted a cost estimate in the amount of $13,258 to conduct the surveys needed and provide the analysis of the data to establish whether all of the obligations to the Wildlife Agencies have been completed. If the results of the surveys determine that the obligations have not been met, then the remaining funds in the Improvement Fund may be used to complete any work to meet the City's obligation for this project. Once the environmental cleazance is obtained, staff can then proceed to close the Improvement Fund. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundazies of the property, which is the subject of this action. Staff is not independently aware, nor has staff been informed by any Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT There is no direct net impact to the General Fund. The $13,258 will be appropriated from available fund balance of the Otay Valley Road Assessment District 90-2 Improvement Fund (50700), which has a balance of $86,773.42. ONGOING FISCAL IMPACT The construction of the roadway improvements has been completed. A balance of $86,773.42 remains in the Otay Valley Road Assessment District 90-2 Improvement Fund. if it is determined that additional environmental work is needed to receive final approval and sign-off from the Wildlife Agencies, the Improvement Fund balance may be used for such work. ATTACIIMENTS None. Prepared by: Amy D. Partosan, Administrative Analysl77, Public Works Department J: IEngineerlAG6NDAICA51013104-13-/3L9genda for AD 90-1_Merkel dm edits 4-l7 dean.doc 5-2 RESOLUTION NO. 2013- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $13,258 FROM THE OTAY VALLEY ROAD ASSESSMENT DISTRICT 90-2 IMPROVEMENT FUND FOR ADDITIONAL CONSULTANT SERVICES REQUIRED TO ESTABLISH THAT ALL OF THE ENVIRONMENTAL OBLIGATIONS ASSOCIATED WITH A CITY ROAD WIDENING PROJECT HAVE BEEN COMPLETED WHEREAS, Assessment District 90-2 Otay Valley Road/Main Street was established in 1992 to finance roadway and related improvements on Main Street Otay Valley Road from east of I-805 easterly to the Heritage Road bridge crossing; and WHEREAS, the construction of the roadway improvements have been completed, it is necessary to perform additional work to confirm that all of the environment obligations associated with the construction have been completed in accordance with California Department of Fish & Wildlife (CDFW), Army Corps of Engineers (ACOE), and Fish and Wildlife Service (FWS), (cumulatively "Wildlife Agencies") permits WHEREAS, Merkel & Associates (M&A) has been selected to assist city staff with determining if all the environmental requirements have been met for widening Otay Valley Road; and WHEREAS, Merkel & Associates has submitted a cost estimate in an amount not to exceed $13,258 to conduct the surveys needed and provide the analysis of the data to establish whether all of the obligations to the Wildlife Agencies have been completed; and WHEREAS, a balance of the Improvement Fund in the amount of $86,773.42 remains: this is sufficient to cover the costs of the work proposed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby appropriate $13,258 to the Supplies and Services category of the Otay Valley Road Assessment District 90-2 Improvement Fund from the available fund balance of said fund for additional consu]tant services required to determine completion of environmental work. Presented by Richard A. Hopkins Director of Public Works 5-3