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RESOLUTION NO. 2016-236 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2016/2017 CIP PROGRAM BUDGET AND ESTABLISHING A NEW CIP PROJECT DR208, “PRELIMINARY ENGINEERING AND ENVIRONMENTAL STUDIES FOR TELEGRAPH CANYON CHANNEL PROJECT” AND APPROPRIATING $800,000 FROM THE AVAILABLE BALANCE OF THE TELEGRAPH CANYON DRAINAGE FEE FUND TO CIP NO. DR208 (4/5 VOTE REQUIRED)
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
An appropriation of $800,000 to CIP No. DR208 is required to cover the preliminary engineering, right-of-way and environmental tasks related to the Telegraph Canyon Channel project.
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 Director of Development Services has reviewed the proposed activity 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 because it involves only the allocation of funding; 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, once projects have been defined, environmental review will be required and a CEQA determination completed prior to commencement of the projects.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
In 1990, a Telegraph Canyon Drainage Channel Plan (Plan) identified drainage facilities necessary to accommodate the surface and storm water runoff resulting from development of properties within the basin. The Plan and Telegraph Canyon Drainage Development Impact Fee (DIF) were adopted and established respectively by the City Council on August 7, 1990 by adoption of Ordinance 2384. Most of the drainage facilities identified in the Plan have been completed. A Plan update was needed to verify the remaining improvements using current hydrologic data. The update “Telegraph Canyon Channel Nexus Study” (Study) was completed on November 24, 2015. The Study identified the remaining drainage improvements needed within the Telegraph Canyon Drainage DIF. These improvements were identified as being insufficiently sized to convey 100-year design storm flows. The Study also developed various alternatives. These alternatives were presented to several governmental agencies such as 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 (Resource Agencies) to get their feedback on preferred design features, project scope and potential mitigation measures. The segments (Attachments 1 and 2) identified in the Study are:
• Segment A- South of Third Ave and L St improvements (Engineered Natural Channel)
• Segment B- Concrete Box Culvert improvements along L Street
• Segment C- Concrete Box Culverts and Engineered Natural Channel improvements between Country Club Drive and Millan Court
• Segment D- Millan Court to Hilltop Park improvements (Engineered Natural Channel)
Currently, City staff and the consultant have completed 30% level design plans, hydrologic and stormwater quality analysis of the various alternatives and a right-of-way assessment. These remaining drainage improvements all involve natural and engineered waterbodies that require Environmental Studies, Environmental Clearance, and permits from the Resource Agencies. The project has received initial concurrence of the selected design alternatives from the Resource Agencies. In order to obtain final Environmental Clearance and permits, the project would need to progress to 65% design plans with more detailed information of the improvements and associated impacts occurring within the basin. Additionally, the 65% design plans will determine the ultimate right-of-way requirements for the project.
An appropriation into the project budget is necessary to fund the following milestones:
• Development of 65% level design plans (City staff)
• Right-of-way acquisition (City staff)
• Environmental studies, final Environmental Clearance and permit processing (Consultant)
With approval of this resolution, City staff will administer a Request for Proposals for the abovementioned environmental studies and permit processing, and will return to Council to award a consultant services agreement in early 2017.
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. The appropriation supports the Economic Vitality goal in the City’s Strategic Plan. It provides for funding of drainage infrastructure needed to serve 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 engineering and environmental tasks will be borne by the Telegraph Canyon Drainage Fee Fund. While not specifically identified in the 2015 Telegraph Canyon (Drainage) Channel Nexus Study, the proposed project partially consolidates the preliminary engineering, environmental clearance, and right of way acquisition efforts for the following eligible projects:
• Third Avenue & L Street
• First Avenue & Country Club Drive
• Hilltop Park
The proposed use of funds is therefore consistent with the 2015 Nexus Study and the Telegraph Canyon Drainage Fee Ordinance.
Approval of this resolution will appropriate $800,000 from the Telegraph Canyon Drainage Fee Fund to CIP No. DR208. There is a sufficient fund balance in the Telegraph Canyon Drainage Fee Fund for this appropriation.
ONGOING FISCAL IMPACT
The currently available Telegraph Canyon Drainage Fee Fund funds of approximately $3.3 million (unaudited) will be used to construct the improvements (less the proposed appropriation of $800,000). 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 construction of all the improvements.
Annual routine maintenance will be required after completion of identified improvements.
ATTACHMENTS
Attachment 1: Exhibit A-Telegraph Canyon Fee Facilities Segments A and B map
Attachment 2: Exhibit B- Telegraph Canyon Fee Facilities Segments C and D map
Staff Contact: Luis Pelayo, Associate Civil Engineer.