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CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: April 27, 2004

Subject/Title: Approve a Resolution authorizing staff to execute necessary documents to the California Department of Fish and Game for the necessary Habitat Mitigation measures for the Sand Creek Road (East) Project, CIP Project No. 336-3061.

Prepared by: Engineering: P. Eldredge

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution authorizing staff to execute necessary documents to the California Department of Fish and Game for the necessary Habitat Mitigation measures for the Sand Creek Road (East) Project, CIP Project No. 336-3061.

PREVIOUS ACTION
On July 23, 2002, City Council authorized the City Manager to sign a construction contract with Top Grade Construction, Inc. for the construction of Sand Creek Road (East), CIP Project No. 336-3061, from east of Minnesota Avenue to just west of Brentwood Boulevard, crossing the Union Pacific Railroad.

On September 10, 2002, City Council authorized City staff to temporarily close the Sand Creek Road/O’Hara Avenue Loop, from just west of Brentwood Boulevard to just north of Central Boulevard, for a four-week period, for the construction of Sand Creek Road (East), CIP Project No. 336-3061, to install utilities including potable and non-potable waterlines, storm drains, and sewer.

On March 11, 2003, City Council authorized City staff to temporarily close the Sand Creek Road/O’Hara Avenue Loop from Brentwood Boulevard to Central Boulevard for two, two-week periods, for the Sand Creek Road (East), CIP Project No. 336-3061 to install and later remove the temporary shoofly.

On May 27, 2003, by Resolution No. 2868, City Council adopted the City’s 2003/04 – 2007/08 Capital Improvement Program that included the Sand Creek Road (East) Project, CIP Project No. 336-3061.

On September 23, 2003, City Council authorized the City Manager to execute a Contract Change Order with Concrete Science Inc. for special structural and construction materials support for the Sand Creek Road (East), CIP Project No. 336-3061, in the amount of $16,000, plus 10% contingency, with a revised total contract change order amount of $17,600.

On February 24, 2004, by Resolution No. 2004-39, City Council authorized the City Manager to execute a Professional Services Agreement for The Covello Group, Inc., to provide project management assistance during the construction of the Sand Creek Road (East) Project, CIP Project No. 336-3061 and associated mitigation and landscaping projects, and also authorize the City Manager to approve change orders up to 10% of the contract amount.

On March 23, 2004, by Resolution No. 2004-66, City Council awarded the construction contract for the Sand Creek Road Screen Planting at the Railroad Crossing to Misan Construction.
BACKGROUND
The Sand Creek Road (East) Project, among other things, included the construction of a bridge over Marsh Creek and several storm drain outfalls into Marsh Creek. These improvements required a stream bed alteration agreement from the California Department of Fish and Game (DFG), which conditioned the City to obtain and protect a ten acre site and construct a one acre wetland within the ten acres (mitigation). The City, in conjunction with the SunCal Developer, identified a suitable site adjacent to Dry Creek within the limits of the development and after approval by DFG staff the City acquired the property.

There was a misunderstanding as to the timing of the mitigation improvements between the City’s previous project manager, who is no longer employed with the City, and DFG staff. Consequently, the time frame allotted by DFG for the completion of these improvements had expired pursuant to DFG’s understanding of the conditions in the aforementioned stream bed alteration agreement.

Subsequent to the above, DFG staff has determined that the City did not complete these improvements in a timely fashion and therefore, violated the previous agreement. However, City staff has been working cooperatively with DFG to rectify the situation and DFG has agreed to amend the previous agreement and extend the construction timeframe to the summer of 2004. However, the amended agreement included an additional mitigation that required the City to either obtain and protect another ten acre site and construct an additional one acre wetland or contribute $75,000 to a mainland Contra Costa County land trust organization. City staff is recommending to City Council the contribution of $75,000 to the Save Mount Diablo Foundation, in lieu of acquiring a ten acre site and constructing the additional one acre wetland. This is due primarily to the fact that a suitable site would be extremely cost prohibitive and would far exceed the contribution amount.

On a final note, staff has prepared the necessary contract documents for the original one acre wetland improvements and anticipated this project going out to bid the middle of May 2004. Construction of these improvements will commence immediately following City Council approval of the construction contract.

FISCAL IMPACT
The funds for this work are paid for through facility fees, which are included in the existing budget as approved by this year’s Capital Improvement Program 2003/04 as follows: Roadway Improvements - $18,746,500; Development Water Facility Funds - $2,423,800, and Development Sewer Facility Funds - $530,100, for a total project cost of $21,916,800. This budgeted amount includes both Sand Creek Road (Central) (completed) and Sand Creek Road (East) (under construction).

There are sufficient funds to accommodate this payment of $75,000 to the Save Mount Diablo Foundation in the overall budget, and more specifically in the category of Project Administration. The addition of this contract to the project will not require the amendment of the overall budget of $21,916,800. Additionally, the amount anticipated for the mitigation improvements was included in the original budget; however, staff will reassess the budget once bids are received to ensure this budgeted amount is sufficient and if required, will bring it back to City Council with staff’s recommendation.

Attachments:
Resolution
Site Maps
Stream Bed Alteration Agreement Amendment from DFG
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING STAFF TO EXECUTE NECESSARY DOCUMENTS TO THE CALIFORNIA DEPARTMENT OF FISH AND GAME FOR THE NECESSARY HABITAT MITIGATION MEASURES FOR SAND CREEK ROAD (EAST), CIP PROJECT NO. 336-3061.

WHEREAS, on May 27, 2003, by Resolution No. 2868, City Council adopted the City’s 2003/04 – 2007/08 Capital Improvement Program that included the Sand Creek Road (East) Project, CIP Project No. 336-3061; and

WHEREAS, the Sand Creek Road (East) Project included the construction of a bridge over Marsh Creek and several storm drain outfalls into Marsh Creek requiring a stream bed alteration agreement from the California Department of Fish and Game (DFG), which conditioned the City to obtain and protect a ten acre site and construct a one acre wetland within the ten acres (mitigation); and

WHEREAS, the City, in conjunction with the SunCal Developer, identified a suitable site adjacent to Dry Creek within the limits of the development and after approval by DFG staff the City acquired the property; and

WHEREAS, the time frame allotted by DFG for the completion of these improvements expired pursuant to DFG’s understanding of the conditions in the aforementioned stream bed alteration agreement; and

WHEREAS, DFG agreed to amend the previous agreement and extend the construction timeframe to the summer of 2004; and

WHEREAS, the amended agreement required the City to either obtain and protect another ten acre site and construct an additional one acre wetland, or contribute $75,000 to a mainland Contra Costa County land trust organization; and

WHERAS, City staff is recommending to City Council the contribution of $75,000 to the Save Mount Diablo Foundation in lieu of acquiring a ten acre site and constructing the additional one acre wetland because the acquisition of a suitable site would be extremely cost prohibitive and would far exceed the contribution amount.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood, that staff is authorized to execute the necessary documents to the California Department of Fish and Game for the necessary habitat mitigation measures and make a donation to the Save Mount Diablo Foundation in the amount of $75,000.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 27th day of April 2004 by the following vote:

 

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