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RESOLUTION NO. 2016-021 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE EXISTING AGREEMENT FOR DEVELOPING A TELEGRAPH CANYON CHANNEL NEXUS STUDY, BETWEEN THE CITY OF CHULA VISTA AND ATKINS NORTH AMERICA, INC.; AND APPROPRIATING $106,660 FROM THE AVAILABLE BALANCE OF THE TELEGRAPH CANYON DRAINAGE FEE FUND TO CIP DR203 “TELEGRAPH CANYON CHANNEL COMPLIANCE FEASIBILITY STUDY” (4/5 VOTE REQUIRED)
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
On August 11, 2015, the City Council approved an agreement with Atkins North America, Inc. (Atkins) in the amount of $175,000 to provide consultant services for developing a Telegraph Canyon Channel Nexus Study. As the work on the study progressed, it became evident that additional work would be needed beyond the original scope of work. As a result, staff recommends an appropriation of $106,660 to increase the Atkins agreement to account for necessary additional consultant services and to cover land surveying and staff costs.
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. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
On August 11, 2015, by Resolution 2015-193, the City Council approved an agreement with Atkins North America, Inc. (Atkins) in the amount of $175,000 to provide consultant services for developing a nexus study (Supplemental Study) to identify Telegraph Canyon Drainage Fee eligible facilities (Fee Facilities) that may be needed within the basin. The contract with Atkins is for the completion of the following major efforts:
1. Identify Deficiencies: To identify recommended improvements within the Supplemental Study areas addressing deficiencies identified with respect to conveyance, flooding, erosion, sedimentation, and public health and safety.
2. Environmental Assessment: To identify key environmental constraints likely to impact the feasibility of implementing the recommended improvements; and recommend mitigation measures for impacts to sensitive biological resources, if necessary.
3. CIP: To develop a capital improvement plan (CIP) by identifying existing drainage deficiencies and recommending facility improvements of the Supplemental Study areas.
4. Alternative Compliance Program: To provide alternative compliance strategies recommendations for the Telegraph Canyon Channel (Channel).
5. Regulatory Requirements: To identify existing and pending regulations that impact the Supplemental Study areas.
6. AutoCAD Drawings: To deliver preliminary design plans compatible with AutoCAD Civil3D 2015.
Proposed Cost Change and Contract Amendment
The Fee Facilities are subject to current regulatory environmental requirements requiring the approval of the 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.
The cost change is needed to incorporate additional channel improvement options in response to comments from the Resource Agencies to mitigate the impacts of Fee Facilities occurring within the basin. The additional drainage system analysis iterations and creation of 30% level design plans for the identified Fee Facilities will be needed to gain consensus from the Resource Agencies prior to permit application submittals (Attachment 1).
In a pre-application meeting with the Resource Agencies, they recommended the incorporation of engineered natural channel options to the Fee Facilities. The Resource Agencies requested additional analysis exploring potential options that may allow for the existing vegetation and natural bottom channel to remain in place. These options may include adding detention basins to reduce the flow, alternate alignments, and modified earthen configurations of the channel. The completion of 30% level design plans will assist in presenting the Resource Agencies with detailed options to determine viable project implementation of the Fee Facilities for the subsequent permitting process. The 30% level design plans will also be utilized for project construction planning purposes.
City staff concurs with Atkins in that additional improvement options would require work beyond the approved budget. The following matrix compares the original contract scope of work cost with the proposed increase in scope of work cost, and shows the total additional funds required for this contract cost increase.
City staff recommends appropriating an additional $106,660 to CIP DR203. The consultant cost increase is due to additional work needed to advance from the 10% level design plans to a more detailed work (30% level design plans). The Public Works increase is related to additional City staff work related to site investigation, right-of-way work and land surveying staff costs in order for consultant to deliver the necessary 30% level design plans.
To date, the consultant has been responsive to City issues and project needs. Staff is satisfied with Atkins' performance and recommends amendment approval.
Atkins is currently working on the Telegraph Canyon Channel modeling effort in preparation for meetings with the Resource Agencies to discuss the additional improvement options. Once the improvement options are discussed with the Resource Agencies, the Supplemental Study will incorporate the preferred options. The Supplemental Study is expected to be completed in the fall of 2016.
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 Supplemental Study 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 amendment will be borne by the Telegraph Canyon Drainage Fee Fund.
Approval of this resolution will appropriate $106,660 from the available balance of the Telegraph Canyon Drainage Fee Fund to CIP DR203. There is 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 $5.1 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 Telegraph Canyon 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 Supplemental Study.
Annual routine maintenance will be required after completion of identified Fee Facilities.
ATTACHMENTS
Attachment 1: Atkins Request for Amendment dated January 5, 2016
Staff Contact: Luis Pelayo, Associate Civil Engineer