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RESOLUTION NO. 2017-125 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REIMBURSEMENT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE CONSTRUCTION OF COUNTY IMPROVEMENTS INCORPORATED INTO THE “WILLOW STREET BRIDGE REPLACEMENT PROJECT (STL-261)”; APPROVING THE MAINTENANCE AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE MAINTENANCE OF IMPROVEMENTS ASSOCIATED WITH THE “WILLOW STREET BRIDGE REPLACEMENT PROJECT (STL-261)”; AND APPROPRIATING $39,778 TO THE CAPITAL IMPROVEMENT FUND BASED ON REVENUE ASSOCIATED WITH SAID REIMBURSEMENT AGREEMENT TO STL-261 (4/5 VOTE REQUIRED)
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
By Resolution 2017-014 (See Attachment “1”), the City Council awarded the construction contract for the Phase II - Willow Street Bridge Replacement Project [STL-261 & Federal Project No. BHLS-5203(016)] to Flatiron West, Inc. This construction contract included additional improvements within County of San Diego (County) jurisdiction and a reimbursement agreement between the County and the City of Chula Vista (City) was prepared to detail their fair-share funding obligation for the improvements. The multiple funding sources for the construction contract included $39,778 from this reimbursement agreement.
Additionally, the Phase II project includes numerous improvements to various public facilities that traverse both jurisdictions of the County and the City. Therefore, a maintenance agreement is required to clearly define future maintenance responsibilities by the jurisdictions for the facilities.
The proposed Resolution would approve these agreements and appropriate $39,778 to STL-261 based on the reimbursement agreement.
ENVIRONMENTAL REVIEW
Environmental Notice
Environmental Notice
The Project was adequately covered in previously adopted Final Mitigated Negative Declaration and associated Addenda 1, 2, and 3 for the Phase II - Willow Street Bridge Replacement Project and previously certified Categorical Exclusion pursuant to Code of Federal Regulations (CFR) Title 23, Section 771. Thus, no further California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) environmental review or determination is required.
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Environmental Determination
The Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed action(s) were adequately covered in previously adopted Final Mitigated Negative Declaration and its associated Addenda 1, 2, and 3 for the Phase II - Willow Street Bridge Replacement Project. Pursuant to the California Environmental Quality Act (CEQA) on November 14, 2011 the City, acting as Lead Agency, approved IS-10-006. Thus, no further CEQA environmental review or determination is required. In addition, the Director of Development Services has reviewed the proposed project for compliance with the National Environmental Policy Act (NEPA) in conjunction with the California Department of Transportation (Caltrans), the state department designated as Lead Environmental Agency by the U.S. Department of Transportation, Federal Highway Administration (FHWA) for federally funded street projects. It was determined that the Project qualifies for a categorical exclusion pursuant to Title 23 Code of Federal Regulations (CFR ) Section 771.117(d); activity:(d)(1) [Modernization of a Street by resurfacing, restoration, rehabilitation or reconstruction]. Thus, no further NEPA environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The “Phase II - Willow Street Bridge Replacement Project (STL-261)” includes bridge replacement and improvements to adjacent streets and infrastructure.
The approximate limits of the project are between the intersections of Willow Street with Bonita Road and Sweetwater Road. The existing right-of-way is approximately 100-feet wide, with the bridge in the approximate center. The project requires inter-agency coordination between the City, the County, and the California Department of Transportation (Federal Oversight).
Reimbursement Agreement
As part of the Phase II project, the City is constructing Class II Bikeway Facilities within the 8-foot shoulders of the new bridge that will replace the existing Class III Bike Routes. Class II Bikeway Facilities will also be extended beyond the bridge to meet existing Class II Bikeway Facilities on both segments of Sweetwater Road to create a continuous corridor of travel for bicyclists. Class II facilities provide a striped lane for one-way bicycle travel adjacent to vehicle travel lanes.
Additional improvements, beyond the scope of the Phase II project, are required to meet the existing Class II Bikeway Facilities within the County’s jurisdiction. During the project planning process, the County requested that Class II facilities be constructed along the segments of Sweetwater Road to meet the existing County Class II facilities.
However, in order for construction to be included with this project, County funding for the additional improvements is required as they are ineligible for Federal reimbursement or City funding. The bid proposal unit costs for the additional improvement work within the County, including contingency, totals $39,778.
A proposed reimbursement agreement between the County and the City for the additional Class II improvement construction has been prepared and is titled “Reimbursement Agreement For Payment Of Costs To Construct Bikeway Facilities By And Between the County of San Diego, California and the City of Chula Vista, California (Willow Street Bridge Replacement Between Bonita Road and Sweetwater Road)” (See Attachment “2”). Council approval of this reimbursement agreement will allow for the County reimbursement of the City costs associated with the construction of the additional County Class II improvements.
Maintenance Agreement
Various improvements and facilities being constructed with the Phase II project traverse both the City and County jurisdictions. These improvements and facilities include the following: a portion of the new bridge, traffic signal systems, storm drain systems, an equestrian trail segment, porous pavement, traffic signs, and pavement striping-markings-legends that are all located within the vicinity of the Willow Street Bridge. Therefore, in order to clearly define future County and City maintenance responsibilities for the improvements and facilities that are included in both jurisdictions, a maintenance agreement has been prepared and is titled “Ownership, Operation And Maintenance Agreement Between The City Of Chula Vista And The County Of San Diego For The Willow Street Bridge Replacement Project” (See Attachment “3”). Council approval of this maintenance agreement will delineate the future County and City maintenance responsibilities of all improvements and facilities associated with the Phase II project.
County of San Diego Approval
The language in the reimbursement agreement and maintenance agreement has been mutually approved by both the County and the City. Additionally, the agreements will be executed by the County subsequent to execution by the City.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the limits of the project that is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.).
Staff is not independently aware, and has not been informed by any City 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. This project supports Strong and Secure Neighborhoods by ensuring sustainable and well-maintained infrastructure to provide safe and appealing communities to live, work, and play.
CURRENT YEAR FISCAL IMPACT
Approval of the Resolution and reimbursement agreement will appropriate $39,778 to STL-261 based on the County’s fair-share contribution for the costs associated with the construction of the additional Class II Bikeway Facilities.
ONGOING FISCAL IMPACT
Upon completion of the project, the improvements will require only routine maintenance.
ATTACHMENTS
1. Resolution 2017-014
2. Reimbursement Agreement
3. Maintenance Agreement
Staff Contact: Gregory E. Tscherch, Senior Civil Engineer (Department of Engineering)