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ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TELEGRAPH CANYON DRAINAGE CHANNEL UPDATED NEXUS STUDY AND AMENDING ORDINANCE NO. 2384 ACCORDINGLY (FIRST READING)
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RECOMMENDED ACTION
Recommended Action
Council place the ordinance on first reading.
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SUMMARY
In 1990, the City established the Telegraph Canyon Drainage Fee by City Council Ordinance 2384 to fund the necessary improvements for the Telegraph Canyon Drainage Channel. Many of the improvements have been completed. However, due to changes in design standards and regulatory environment, certain improvements could not be completed as originally planned. As a result, City staff commissioned a nexus study to identify how the facilities could be built to accomplish the purpose for which the Drainage Fee was originally established. Staff recommends amending Ordinance 2384 to reflect facilities identified in the nexus study recently prepared by Atkins North America, Incorporated. This amendment will not affect the drainage fee which is currently $4,579 per acre.
ENVIRONMENTAL REVIEW
Environmental Notice
Environmental Notice
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
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Environmental Determination
The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Although environmental review is not necessary at this time, when projects have been defined, environmental review will be required and a CEQA determination will be completed prior to commencing any of the improvements as described in the Study.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
The Telegraph Canyon Drainage Fee (TC Drainage Fee) was established on July 17, 1990, by Ordinance No. 2384 (Attachment 1) to fund the construction of the required drainage facilities within the Telegraph Canyon Drainage Basin. These improvements were necessary to accommodate the surface and storm water runoff resulting from development of properties within the basin. The TC Drainage Fee benefit area consists of Rancho Del Rey Specific Plan, Otay Ranch, and a portion of Rolling Hills and Eastlake, all of which are nearly built out (Attachment 2).
The following drainage facilities identified in the original 1990 TC Drainage Fee plan are completed:
• Construction of approximately 4,450 feet of vegetated channels between Rutgers Road and the westerly Eastlake boundary (West of State Route 125). Constructed by the Eastlake Development Company.
• Construction of approximately 8,500 feet of vegetated channels between Paseo Ladera and Otay Lakes Road. Phase 2-Constructed by the Eastlake Development Company. Constructed by the Eastlake Development Company.
• Construction of approximately 3,200 feet of vegetated channels between Otay Lakes Road and Rutgers Road. Constructed by the Eastlake Development Company.
• Construction of approximately 2,400 feet of rectangular concrete channel improvements between K Street and Sierra Highway. Constructed by the City (CIP DR118)
The original 1990 TC Drainage Fee plan also identified drainage facilities that remain to be constructed within the Telegraph Canyon Drainage Channel (Channel) which are subject to flooding. The remaining drainage facilities are subject to current City design standards and current regulatory environmental requirements requiring the approval of Resource Agencies for any proposed work within the wetland areas of the Channel. The Resource Agencies consist of the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, Regional Water Quality Control Board, and California Department of Fish and Wildlife.
Preliminary coordination with the Resource Agencies has revealed that current environmental requirements require providing new drainage improvements with engineered natural options. These options may include adding detention basins to reduce the flow, alternate alignments, and modified earthen configurations of the Channel. Current City design standards consist of updated rainfall intensity analysis for quantifying storm events.
As a result of the current regulatory environmental requirements and current City design standards, the City retained Atkins North America, Incorporated to prepare a nexus study to identify drainage improvements that would serve the same purpose and benefit the same TC Drainage Fee benefit area properties as the original facilities. The new study is entitled “Telegraph Canyon Channel Nexus Study,” dated November 24, 2015, (Study). The Study identifies TC Drainage Fee eligible facilities (Fee Facilities) that are recommended within the basin at a cost of approximately $9.3 million (Attachment 3). The Study identifies the reasonable relationship between the use of the fee for the construction of the Fee Facilities and the development of properties within the basin. The identified Fee Facilities are necessary to mitigate the impacts of development occurring within the basin and are therefore eligible for inclusion in the TC Drainage Fee.
Development and completion of the remaining Fee Facilities identified in the Study will be proposed for inclusion in future annual Capital Improvement Program budgets. It is anticipated that the TC Drainage Fee funds will be insufficient to construct all the facilities identified in the Study. Once TC Drainage Fee funds are expended in full, other funding sources (Gas Tax, Transnet, grants, etc.) may be used to complete the projects.
Current Fee
In 1990, the City Council adopted Ordinance 2384 establishing the Telegraph Canyon Drainage Fee at $3,922 per acre. The 1990 action indicated $7.7 million of estimated costs of future Telegraph Canyon drainage facilities. The estimated cost of $7.7 million was spread among 1,975 benefited acreages within the basin resulting in a fee of $3,922 per acre. The current fee of $4,579 per acre includes a one-time Engineering News Record Construction Index (ENRCI) adjustment made in 1998 per City Council adopted Resolution 18965 (Attachment 5).
Recommendations
In order to complete construction of the Telegraph Canyon Drainage Basin facilities, staff recommends that the City Council approve the “Telegraph Canyon Channel Nexus Study,” dated November 24, 2015, and amend Ordinance 2384 as shown in Attachment 6 to incorporate the facilities identified in the Study into the Telegraph Canyon DIF.
After the TC Drainage Fee Fund balance is depleted or the projects are completed, staff will return to Council to consider repealing the ordinance.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found that Mayor Mary Casillas Salas and Council Members John McCann, Patricia Aguilar and Pamela Bensoussan have real property holdings within 500 feet of the boundaries of the property which is the subject of this action. However, it is not reasonably foreseeable that the decision will have an effect on the Council Members’ financial interests. To the extent that any decision would have a reasonably foreseeable financial effect on the member’s real property, the effect would be nominal, inconsequential, or insignificant. The Telegraph Canyon Drainage fee is a connection fee that was paid at the time of development of the subject parcels. The properties owned by the identified Council members are existing residences, thus, the Council members will not be subject to the fee. In addition, the properties owned by the Council members were not identified as properties subject to the fee when the Telegraph Canyon Drainage fee was adopted. Finally, the facilities to be constructed will replace and serve the same purpose as previously approved drainage facilities. Consequently, pursuant to California Code of Regulations Title 2, sections 18700, 18701(b), 18702(b), and 18702.2(c)(1), this item does not represent a real property-related conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Ordinance 2384 supported the Economic Vitality goal in the City’s Strategic Plan. It provides for planning drainage infrastructure of new development, which is a key City function in supporting new growth.
CURRENT YEAR FISCAL IMPACT
All costs associated with this procurement and preparation of the Study will be borne by the Telegraph Canyon Drainage Fee Fund. Approval of this resolution will result in no net impact to the Telegraph Canyon Drainage Fee Fund in the current fiscal year.
ONGOING FISCAL IMPACT
The currently available Telegraph Canyon Drainage Fee Fund funds of approximately $5.2 million will be used to construct the remaining projects. Based on current proposed project estimates and the limited number of acres remaining to pay into the TC Drainage Fee program, it is anticipated that future appropriations from the Telegraph Canyon Drainage Fee Fund will need to be augmented with other funding sources (Gas Tax, Transnet, grants, etc.) in order to complete all projects identified in the Study.
Annual routine maintenance will be required after completion of identified Fee Facilities.
ATTACHMENTS
Attachment 1: Ordinance 2384
Attachment 2: Telegraph Canyon Drainage Fee Basin
Attachment 3: Telegraph Canyon Channel Nexus Study
Attachment 4: Resolution 2015-106
Attachment 5: Resolution 18965
Attachment 6: Redline strikeout version of Ordinance 2384
Staff Contact: Luis Pelayo, Associate Civil Engineer