HomeMy WebLinkAboutAgenda Statement 1986/01/21 Item 9a-c COUNCIL AGENDA STATEMENT
Item 9a, b, c
Meeting Date 1/21/86
ITEM TITLE: a. Resolution 761_34 Certifying the Telegraph Canyon Creek in
accordance with Section 15221 of the State CEQA Guidelines
b. Resolution /a...WApproving agreement for real property
acquisition services with the County of San Diego
c. Resolution /2 3 )—Accepting 16 drainage easements for the
construction of Telegraph Canyon Creek Flood Control Channel
4,
SUBMITTED BY: Director of Public Works/City Engineer4j�
,
REVIEWED BY: City Manager 16/14____ (4/5ths Vote: es No X )
On January 1 , 1986, the Montgomery area annexation officially became effective
and the City of Chula Vista assumed the entire responsibility for the
construction of the Telegraph Canyon Creek Flood Control Project. Prior to
the annexation, the County of San Diego was the lead agency for this project
and was responsible for the right-of-way acquisition proceedings.
We have requested the County of San Diego to continue acquiring the
rights-of-way on our behalf. A contract for their services has been prepared
and is herewith attached for your approval .
To build the project, we need to acquire rights-of-way (easements) from 39
property owners (excluding SDG&E Co. ) . To date, we have obtained executed
deeds from 16 property owners and have 23 yet to obtain. We expect that the
majority of these 23 unsigned easements will be dedicated without having to go
through to eminent domain proceedings. These proceedings, however, have to be
initiated now to assure that we will meet the Corps of Engineer' s schedule for
bidding the project on April 3, 1986.
RECOMMENDATION: That Council adopt resolutions:
a. Certify that, in accordance with Section 15221 of the State CEQA
Guidelines, the Telegraph Canyon Creek EIR has been prepared in accordance
with CEQA and that the City Council has reviewed and considered the
information in that document as they reach a decision on the project.
b. Approving agreement with the County for real property acquisition services.
c. Accepting the 16 drainage easements.
d. Setting public hearing to be held at 7:00 p.m. in the Council Chambers on
February 18, 1986, to determine necessity to acquire property.
Page 2, Item 9a b c
Meeting Date 1/21/ 86
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
To construct the Telegraph Canyon Creek Flood Control Project, the City needs
to obtain rights-of-way from 39 property owners (excluding SDG&E Co. ) . The
County was the lead agency for this project prior to this year and was
responsible for acquiring all the rights-of-way. The City was to reimburse
the County for their acquisition costs associated with those parcels in the
City. Since the Montgomery area is now a part of Chula Vista, we are now the
sole agency responsible for the project.
The County of San Diego has agreed to continue acting as our right-of-way
agent and to obtain the needed rights-of-way on our behalf. To this effect,
we have prepared an agreement for real property acquisition services with the
County. Per this agreement, the County will perform these services (excluding
escrow services at an hourly rate, with a total amount not to exceed $50,000
without the prior written consent of the City Engineer.
We will negotiate a contract with First American Title Company for escrow
services to complete the acquisition proceedings. This company is recommended
because: 1 ) the County contracted with them to provide preliminary title
reports, 2) First American Title Company is familiar with the County
procedures and 3) would preclude the expense of purchasing new title reports.
We estimate the cost of the escrow services to be between $250 and $500 per
parcel . The resolution accepting the easements will authorize the City
Engineer to negotiate a contract with First American Title Company for the
escrow services necessary to complete the acquisition proceedings.
The total cost to acquire the rights-of-way is estimated to be about
$676,200. This does not include any costs that may be associated with
obtaining right-of-way from SDG&E. These costs (right-of-way) as well as
other costs (some portions of construction) are eligible for reimbursement
from the State Department of Water Resources once the project has been
completed, are estimated to be $980,000. The cost of the project is roughly
estimated to be about $8,900,000. The Federal participation has remained
constant at $4,000,000 and the County's participation is limited to funds
already committed to the project prior to the Montgomery Annexation approval
(estimated to be about $200,000).
If the Federal Government's share of $4,000,000 is not increased, and it is
doubtful that it will be, we will have to supplement previous years
appropriations of $2,313,400 by another $2,386,600. This additional
appropriation will have to be made no later than in the FY86-87 budget. These
funds will be provided from various sources including Redevelopment Agency
funds, Block Grant, Gas Tax (limited to bridge construction) , Residential
Construction Tax, and if required, General Fund Reserves. We have requested
the Corps of Engineers to prepare a revised cost estimate that will allow us
to better determine our share of the project' s cost. We expect to have these
issues resolved prior to February 18, 1986. As shown on the table below, on
Page 3, Item 9a, b, c
Meeting Date 1/21/86
February 18, 1986, we will request Council approval of the "221 Agreement"
with the Federal Government and to adopt the resolution of public necessity to
acquire the easements through eminent domain not yet granted by the property
owners. The "221 Agreement" is the master agreement obligating the City to
construct the project.
Proposed Schedule
Action Date
1 . Council approves agreement with County, certifies 1-21-86
EIR; accepts dedicated easements and; sets
public hearing to determine public necessity
2. Council holds public hearing; adopts resolution 2-18-86
of public necessity; approves 221 Agreement with
Federal Government
3. Suit filed by City Attorney 3-4-86
4. Serve summons and complaints to property owners; 3-18-86
affidavits returned to Court
5. Advertise for bids 4-3-86
6. Receive bids 5-6-86
7. Begin construction 6-2-86
8. 90-day order for possession effective and 6-18-86
certification of right-of-way.
This project has been in the planning and design phase for several years. In
1977, the County of San Diego and Chula Vista requested that Telegraph Canyon
Creek be studied as a small project under the authority contained in Section
205, of the Flood Control Act of 1948, as amended. Public comments were
solicited throughout the planning process and Environmental Impact Statement
(EIS) documents prepared by the Corps of Engineers. The Final EIS which
describes the environmental issues created by the project as now proposed, was
completed by the Corps of Engineers in July 1983 (see attached) . This
document is considered to adequately review the projects environmental impacts
and the acquisition of the needed rights-of-way for its construction. The
mitigating measures discussed in the EIS have been included in the project' s
plans and specifications by the Corps of Engineers. Section 15221 of the
State CEQA Guidelines provide for the use of Federal Environmental Documents
when they have been prepared prior to State or local agency actions.
FISCAL IMPACT: The contract for real property acquisition is on an hourly
basis with a total amount not to exceed $50,000. The total right-of-way
acquisition cost is estimated to be about $676,200. Funds have been budgeted
($2,313,400) that can be used to cover the entire right-of-way acquisition
cost. City needs to fund another $2,386,600 to cover the entire estimated
Page 4, Item 9a, b, c
Meeting Date 1/21/86
Chula Vista share of the project cost. California Department of Water
Resources will reimburse the City for approximately $980,000. The date of
reimbursement is uncertain and is dependent on available State funding and
requests of other projects. It could take 2-3 years to receive
reimbursement. Sources of revenue for additional funding are:
1 . Community Development Block Grant funds
2. Residential Construction Tax
3. Gas Tax (limited to bridge only $650,000)
4. Redevelopment Agency funds
5. Issuance of bonds or certificates of participation (use of this mechanism
would require a source of funds for debt payments)
6. General Fund reserves.
WPC 1829E
by tip C , . ,i, s
Chula Viet,.,
Dated `'
7-6f7-6-
TELEGRAPH CANYON CREEK
CITY OF CHULA VISTA
SAN DIEGO COUNTY, CALIFORNIA
•
MAIN REPORT
DETAILED PROJECT REPORT FOR FLOOD CONTROL
AND
FINAL ENVIRONMENTAL IMPACT STATEMENT
JULY 1983
5
7-J
/
CONCLUSIONS
Various alternative solutions, both structural and nonstructural,
were considered along Telegraph Canyon Creek. Public involvement was an
important function in the development of each alternative solution and
its impact for the water resources in the drainage area. Five cost
effective solutions for Reach I are presented in this report and are
discussed in detail.
It was concluded that Plans C-1 , C-2, and C-3 were not acceptable
because the 60-year flood protection that they would provide was not
acceptable to the local interests. Adoption of these plans would
necessitate a continuation of the flood insurance program. Part of this
program requires regulation of the 100-year flood plain. This would
require purchase of flood insurance and floodproofing to the limits of 1
the 100-year flood plain. Moreover, it was concluded that 60-year flood
protection does not provide adequate protection to this highly urbanized
area.
It was further concluded that construction of recreation facilities
along Telegraph Canyon Creek is not feasible. Beautification was
considered and a program was developed.
The selected plan (Plan M) was economically justified,
environmentally acceptable, supported by the sponsors (San Diego County
and the City of Chula Vista), and recommended by the Telegraph Canyon -
Creek Citizens Advisory Committee.
Plan M is a combination structural and nonstructural solution to the
flood problem along Telegraph Canyon Creek. Reach I (San Diego Bay to
4th Avenue) was found to be a Federal responsibility and Reach II (4th
Avenue to Hilltop Drive) was found to be a non-Federal responsibility.
Local sponsors have expressed a desire to implement this alternative.
In accordance with the requirements of Executive Order 11988, an
evaluation has been made concerning the 4 acres of land in the project
area that would be subject to development if the project were
constructed. These 4 acres consist of several parcels located in
various areas of the proposed project. This land cannot be excluded
from the project. It has been determined that construction of the
proposed project will induce development of these 4 acres within the
flood plain. The evaluation resulted in a determination that there is
no practicable alternative to locating in or impacting the flood plain.
Protection of wetlands was a consideration in the planning
process. Measures have been incorporated to avoid any adverse
construction impacts upon the habitat or endangered species in the J
Street Marsh. The operation and maintenance program, as proposed, would
not adversely affect the marsh habitat. (See pars. 4.19 and 4.20,
environmental impact statement.) The recommended plan is in compliance
with Executive Order 11990, Protection of Wetlands.
56
RECOMMENDATIONS
I recommend that the Chief of Engineers approve a project for the
control of floods along Telegraph Canyon Creek, San Diego County,
California, in accordance with the authority contained in Section 205,
Flood Control Act of 1948, as amended, and also in accordance with the
selected plan described in this report and shown in figure 7 with such
modifications as may be advisable, at a total first cost now estimated
to be $5,390,000 and at a first cost to the United States limited to
$4,000,000 (April 1983 price levels). Except as otherwise provided in
these recommendations, the exact amount of non-Federal contributions
shall be determined by the Chief of Engineers prior to project
implementation, in accordance with the following requirements to which .
non-Federal interests must agree prior to implementation:
�. + 1. Provide without cost to the United States all lands, easements,
and rights-of-way, including suitable borrow and spoil disposal
areas, necessary for construction of the project.
2. Where total construction costs for the entire project exceed the
Federal limitation expressed in Section 205 of the 1948 Flood
Control Act (PL 80-858) and its amendments, provide a cash
contribution for the amount of the excess. This contribution is
presently estimated at $160,000.
3. As made necessary by construction, accomplish, without cost to
the United States, all alterations and relocations of buildings,
transportation facilities, storm drains, utilities, and other
structures and improvements. This provision excludes railroad
bridges and approaches, and facilities necessary for the normal
interception and disposal of local interior drainage at the line
of protection.
4. Maintain and operate all the works after completion in
accordance with regulations prescribed by the Secretary of the
Army, at an annual cost now estimated at $9,000.
5. Hold and save the United States free from water rights claims
caused by the construction and operation of the project.
6. Prescribe and enforce regulations to prevent obstruction or
encroachment on flood control works that would reduce their
flood-carrying capacity or hinder maintenance and operation, and
control development in the project area to prevent an undue
increase in the flood damage potential.
7. Publicize flood plain information in the areas concerned and
provide this information to zoning and other regulator agencies
for their guidance and leadership in preventing unwise future
development in the flood plain.
57
A-r
8. Hold and save the United States free from damages caused by
construction, operation, and maintenance of the project,
excluding damages that are due to the fault or negligence of the
United States or its tractors.
• AUL W. TAYLOR
Colonel, CE
District Engineer
•
- •
•
•
58
COUNCIL AGENDA STATEMENT
Item 9a, b, c
Meeting Date 1/21/86
ITEM TITLE: a. Resolution /c3 Certifying the Telegraph Canyon Creek in
accordance with Section 15221 of the State CEQA Guidelines
b. Resolution /v,. /Approving agreement for real property
acquisition services with the County of San Diego
c. Resolution /g. `/' Accepting 16 drainage easements for the
construction of Telegraph Canyon Creek Flood Control Channel
SUBMITTED BY: Director of Public Works/City Engineer 1`,
REVIEWED BY: City Manager 1410___- (4/5ths Vote: es No X )
On January 1 , 1986, the Montgomery area annexation officially became effective
and the City of Chula Vista assumed the entire responsibility for the
construction of the Telegraph Canyon Creek Flood Control Project. Prior to
the annexation, the County of San Diego was the lead agency for this project
and was responsible for the right-of-way acquisition proceedings.
We have requested the County of San Diego to continue acquiring the
rights-of-way on our behalf. A contract for their services has been prepared
nd is herewith attached for your approval .
To build the project, we need to acquire rights-of-way (easements) from 39
property owners (excluding SDG&E Co. ). To date, we have obtained executed
deeds from 16 property owners and have 23 yet to obtain. We expect that the
majority of these 23 unsigned easements will be dedicated without having to go
through to eminent domain proceedings. These proceedings, however, have to be
initiated now to assure that we will meet the Corps of Engineer' s schedule for
bidding the project on April 3, 1986.
RECOMMENDATION: That Council adopt resolutions:
a. Certify that, in accordance with Section 15221 of the State CEQA
Guidelines, the Telegraph Canyon Creek EIR has been prepared in accordance
with CEQA and that the City Council has reviewed and considered the
information in that document as they reach a decision on the project.
b. Approving agreement with the County for real property acquisition services.
c. Accepting the 16 drainage easements.
d. Setting public hearing to be held at 7:00 p.m. in the Council Chambers on
February 18, 1986, to determine necessity to acquire property.
Page 2, Item 9a b c
Meeting Date 1/21/ 86
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
To construct the Telegraph Canyon Creek Flood Control Project, the City needs
to obtain rights-of-way from 39 property owners (excluding SDG&E Co. ). The
County was the lead agency for this project prior to this year and was
responsible for acquiring all the rights-of-way. The City was to reimburse
the County for their acquisition costs associated with those parcels in the
City. Since the Montgomery area is now a part of Chula Vista, we are now the
sole agency responsible for the project.
The County of San Diego has agreed to continue acting as our right-of-way
agent and to obtain the needed rights-of-way on our behalf. To this effect,
we have prepared an agreement for real property acquisition services with the
County. Per this agreement, the County will perform these services (excluding
escrow services at an hourly rate, with a total amount not to exceed $50,000
without the prior written consent of the City Engineer.
We will negotiate a contract with First American Title Company for escrow
services to complete the acquisition proceedings. This company is recommended
because: 1 ) the County contracted with them to provide preliminary title
reports, 2) First American Title Company is familiar with the County
procedures and 3) would preclude the expense of purchasing new title reports.
We estimate the cost of the escrow services to be between $250 and $500 per
parcel . The resolution accepting the easements will authorize the City
Engineer to negotiate a contract with First American Title Company for the
escrow services necessary to complete the acquisition proceedings.
The total cost to acquire the rights-of-way is estimated to be about
$676,200. This does not include any costs that may be associated with
obtaining right-of-way from SDG&E. These costs (right-of-way) as well as
other costs (some portions of construction) are eligible for reimbursement
from the State Department of Water Resources once the project has been
completed, are estimated to be $980,000. The cost of the project is roughly
estimated to be about $8,900,000. The Federal participation has remained
constant at $4,000,000 and the County' s participation is limited to funds
already committed to the project prior to the Montgomery Annexation approval
(estimated to be about $200,000).
If the Federal Government's share of $4,000,000 is not increased, and it is
doubtful that it will be, we will have to supplement previous years
appropriations of $2,313,400 by another $2,386,600. This additional
appropriation will have to be made no later than in the FY86-87 budget. These
funds will be provided from various sources including Redevelopment Agency
funds, Block Grant, Gas Tax (limited to bridge construction) , Residential
Construction Tax, and if required, General Fund Reserves. We have requested
the Corps of Engineers to prepare a revised cost estimate that will allow us
to better determine our share of the project' s cost. We expect to have these
issues resolved prior to February 18, 1986. As shown on the table below, on
Page 3, Item 9a, b, c
Meeting Date 1/21/86
February 18, 1986, we will request Council approval of the "221 Agreement"
with the Federal Government and to adopt the resolution of public necessity to
acquire the easements through eminent domain not yet granted by the property
owners. The "221 Agreement" is the master agreement obligating the City to
construct the project.
Proposed Schedule
Action Date
1. Council approves agreement with County, certifies 1-21-86
EIR; accepts dedicated easements and; sets
public hearing to determine public necessity
2. Council holds public hearing; adopts resolution 2-18-86
of public necessity; approves 221 Agreement with
Federal Government
3. Suit filed by City Attorney 3-4-86
4. Serve summons and complaints to property owners; 3-18-86
affidavits returned to Court
5. Advertise for bids 4-3-86
6. Receive bids 5-6-86
7. Begin construction 6-2-86
8. 90-day order for possession effective and 6-18-86
certification of right-of-way.
This project has been in the planning and design phase for several years. In
1977, the County of San Diego and Chula Vista requested that Telegraph Canyon
Creek be studied as a small project under the authority contained in Section
205, of the Flood Control Act of 1948, as amended. Public comments were
solicited throughout the planning process and Environmental Impact Statement
(EIS) documents prepared by the Corps of Engineers. The Final EIS which
describes the environmental issues created by the project as now proposed, was
completed by the Corps of Engineers in July 1983 (see attached) . This
document is considered to adequately review the projects environmental impacts
and the acquisition of the needed rights-of-way for its construction. The
mitigating measures discussed in the EIS have been included in the project' s
plans and specifications by the Corps of Engineers. Section 15221 of the
State CEQA Guidelines provide for the use of Federal Environmental Documents
when they have been prepared prior to State or local agency actions.
FISCAL IMPACT: The contract for real property acquisition is on an hourly
basis with a total amount not to exceed $50,000. The total right-of-way
acquisition cost is estimated to be about $676,200. Funds have been budgeted
($2,313,400) that can be used to cover the entire right-of-way acquisition
cost. City needs to fund another $2,386,600 to cover the entire estimated
,s ;
Page 4, Item 9a, b, C
Meeting Date 1/21/86
Chula Vista share of the project cost. California Department of Water
Resources will reimburse the City for approximately $980,000. The date of
reimbursement is uncertain and is dependent on available State funding and
requests of other projects. It could take 2-3 years to receive
reimbursement. Sources of revenue for additional funding are:
1 . Community Development Block Grant funds
2. Residential Construction Tax
3. Gas Tax (limited to bridge only $650,000)
4. Redevelopment Agency funds
5. Issuance of bonds or certificates of participation (use of this mechanism
would require a source of funds for debt payments)
6. General Fund reserves.
WPC 1829E
by of
Chu:a ' s o, rr,ia
dwalsrit..
COUNTY OF SAN DIEGO
DEPARTMENT OF GENERAL SERVICES:
7;4-41141 0
5555 OVERLAND AVENUE, BLDG 2, RM 240'
11.147/(5)
SAN DIEGO, CALIFORNIA 92123-1630
*4;.431re . Kr/1 r
(619) 565-5293
[
CLI.I,,,
March 3, 1986
Jennie M. Fulasz, City Clerk
City of Chula Vista
276 Fourth Ave.
Chula Vista, CA 92010
SUBJECT: AGREEMENT FOR REAL PROPERTY ACQUISITION SERVICES WITH COUNTY OF
SAN DIEGO
Dear Ms. Fulasz:
Enclosed for your records is the original , fully executed subject document.
Direct any questions to County Real Property Agent Betty Burt at 565-5623.
CLARENCE E. KAUFM; Director (Acting)
Department of General Services
RPM:BJB:at
0/3
tCHITECTURE & ENGINEERING COMMUNICATIONS REAL PROPERTY MANAGEMENT
FLEET OPERATIONS FACILITIES SERVICES
COUNCIL AGENDA STATEMENT
Item 9 a, b, c
Meeting Date 1/21/86
ITEM TITLE: a. Resolution f a.35/U Certifying the Telegraph Canyon Creek in
accordance with Section 15221 of the State CEQA Guidelines
b. Resolution AA .rW/Approving agreement for real property
acquisition services with the County of San Diego
c. Resolution/?3 ccepting 16 drainage easements for the
construction of Telegraph Canyon Creek Flood Control Channel
SUBMITTED BY: Director of Public Works/City Engineer i�1�
REVIEWED BY: City Manager 744 (4/5ths Vote: es No X )
On January 1 , 1986, the Montgomery area annexation officially became effective
and the City of Chula Vista assumed the entire responsibility for the
construction of the Telegraph Canyon Creek Flood Control Project. Prior to
the annexation, the County of San Diego was the lead agency for this project
and was responsible for the right-of-way acquisition proceedings.
We have requested the County of San Diego to continue acquiring the
eights-of-way on our behalf. A contract for their services has been prepared
and is herewith attached for your approval .
To build the project, we need to acquire rights-of-way (easements) from 39
property owners (excluding SDG&E Co. ) . To date, we have obtained executed
deeds from 16 property owners and have 23 yet to obtain. We expect that the
majority of these 23 unsigned easements will be dedicated without having to go
through to eminent domain proceedings. These proceedings, however, have to be
initiated now to assure that we will meet the Corps of Engineer' s schedule for
bidding the project on April 3, 1986.
RECOMMENDATION: That Council adopt resolutions:
a. Certify that, in accordance with Section 15221 of the State CEQA
Guidelines, the Telegraph Canyon Creek EIR has been prepared in accordance
with CEQA and that the City Council has reviewed and considered the
information in that document as they reach a decision on the project.
b. Approving agreement with the County for real property acquisition services.
c. Accepting the 16 drainage easements.
d. Setting public hearing to be held at 7:00 p.m. in the Council Chambers on
February 18, 1986, to determine necessity to acquire property.
Page 2, Item 9a b c
Meeting Date 121/86
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
To construct the Telegraph Canyon Creek Flood Control Project, the City needs
to obtain rights-of-way from 39 property owners (excluding SDG&E Co. ). The
County was the lead agency for this project prior to this year and was
responsible for acquiring all the rights-of-way. The City was to reimburse
the County for their acquisition costs associated with those parcels in the
City. Since the Montgomery area is now a part of Chula Vista, we are now the
sole agency responsible for the project.
The County of San Diego has agreed to continue acting as our right-of-way
agent and to obtain the needed rights-of-way on our behalf. To this effect,
we have prepared an agreement for real property acquisition services with the
County. Per this agreement, the County will perform these services (excluding
escrow services at an hourly rate, with a total amount not to exceed $50,000
without the prior written consent of the City Engineer.
We will negotiate a contract with First American Title Company for escrow
services to complete the acquisition proceedings. This company is recommended
because: 1 ) the County contracted with them to provide preliminary title
reports, 2) First American Title Company is familiar with the County
procedures and 3) would preclude the expense of purchasing new title reports.
We estimate the cost of the escrow services to be between $250 and $500 per
3rcel . The resolution accepting the easements will authorize the City
,4gineer to negotiate a contract with First American Title Company for the
escrow services necessary to complete the acquisition proceedings.
The total cost to acquire the rights-of-way is estimated to be about
$676,200. This does not include any costs that may be associated with
obtaining right-of-way from SDG&E. These costs (right-of-way) as well as
other costs (some portions of construction) are eligible for reimbursement
from the State Department of Water Resources once the project has been
completed, are estimated to be $980,000. The cost of the project is roughly
estimated to be about $8,900,000. The Federal participation has remained
constant at $4,000,000 and the County' s participation is limited to funds
already committed to the project prior to the Montgomery Annexation approval
(estimated to be about $200,000).
If the Federal Government' s share of $4,000,000 is not increased, and it is
doubtful that it will be, we will have to supplement previous years
appropriations of $2,313,400 by another $2,386,600. This additional
appropriation will have to be made no later than in the FY86-87 budget. These
funds will be provided from various sources including Redevelopment Agency
funds, Block Grant, Gas Tax (limited to bridge construction) , Residential
Construction Tax, and if required, General Fund Reserves. We have requested
the Corps of Engineers to prepare a revised cost estimate that will allow us
to better determine our share of the project' s cost. We expect to have these
issues resolved prior to February 18, 1986. As shown on the table below, on
4
Page 3, Item 9a, b, c
Meeting Date 1/21/86
February 18, 1986, we will request Council approval of the "221 Agreement"
with the Federal Government and to adopt the resolution of public necessity to
acquire the easements through eminent domain not yet granted by the property
owners. The "221 Agreement" is the master agreement obligating the City to
construct the project.
Proposed Schedule
Action Date
1 . Council approves agreement with County, certifies 1-21-86
EIR; accepts dedicated easements and; sets
public hearing to determine public necessity
2. Council holds public hearing; adopts resolution 2-18-86
of public necessity; approves 221 Agreement with
Federal Government
3. Suit filed by City Attorney 3-4-86
4. Serve summons and complaints to property owners; 3-18-86
affidavits returned to Court
5. Advertise for bids 4-3-86
6. Receive bids 5-6-86
7. Begin construction 6-2-86
8. 90-day order for possession effective and 6-18-86
certification of right-of-way.
This project has been in the planning and design phase for several years. In
1977, the County of San Diego and Chula Vista requested that Telegraph Canyon
Creek be studied as a small project under the authority contained in Section
205, of the Flood Control Act of 1948, as amended. Public comments were
solicited throughout the planning process and Environmental Impact Statement
(EIS) documents prepared by the Corps of Engineers. The Final EIS which
describes the environmental issues created by the project as now proposed, was
completed by the Corps of Engineers in July 1983 (see attached) . This
document is considered to adequately review the projects environmental impacts
and the acquisition of the needed rights-of-way for its construction. The
mitigating measures discussed in the EIS have been included in the project' s
plans and specifications by the Corps of Engineers. Section 15221 of the
State CEQA Guidelines provide for the use of Federal Environmental Documents
when they have been prepared prior to State or local agency actions.
FISCAL IMPACT: The contract for real property acquisition is on an hourly
basis with a total amount not to exceed $50,000. The total right-of-way
acquisition cost is estimated to be about $676,200. Funds have been budgeted
($2,313,400) that can be used to cover the entire right-of-way acquisition
cost. City needs to fund another $2,386,600 to cover the entire estimated
Page 4, Item 9a, b, c
Meeting Date 1/21/86
Chula Vista share of the project cost. California Department of Water
Resources will reimburse the City for approximately $980,000. The date of
reimbursement is uncertain and is dependent on available State funding and
requests of other projects. It could take 2-3 years to receive
reimbursement. Sources of revenue for additional funding are:
1 . Community Development Block Grant funds
2. Residential Construction Tax
3. Gas Tax (limited to bridge only $650,000)
4. Redevelopment Agency funds
5. Issuance of bonds or certificates of participation (use of this mechanism
would require a source of funds for debt payments)
6. General Fund reserves.
WPC 1829E
CT
Chula
Datcd /° "2-/ G�