DATE: November 8, 2016
SUBJECT:
Title
ACTIONS FOR SITE PREPARATION AT THE CHULA VISTA BAYFRONT:
A) RESOLUTION APPROVING AN AMENDMENT TO THE FY 2014 - 2018 CAPITAL IMPROVEMENT PROGRAM TO CHANGE THE PROJECT TITLE OF “INFRASTRUCTURE PRE-DESIGN/DESIGN AT CHULA VISTA BAYFRONT” TO “SITE PREPARATION AT CHULA VISTA BAYFRONT” AND TO AMEND THE PROJECT SCOPE TO ADD THE PREPARATION OF THE EXISTING SITE AND TO ACCEPT EXCESS FILL MATERIAL
B) RESOLUTION APPROVING TRANSFER OF FUNDS WITHIN THE FY 2014 - 2018 CAPITAL IMPROVEMENT PROGRAM BUDGET APPROPRIATION FROM PROGRAM CONTINGENCY TO THE SITE PREPARATION AT CHULA VISTA BAYFRONT PROJECT IN THE AMOUNT OF $200,000 PURSUANT TO BPC POLICY NO. 90 AND NO. 120
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EXECUTIVE SUMMARY:
This action will expand the scope of pre-development activities at the Chula Vista Bayfront (CVB) and transfer funds within the 2014 - 2018 Capital Improvement Program (CIP) budget appropriation. A revision to the scope and an increase in the project budget is requested to provide engineering and technical support for site preparation including demolition, earthwork and import of fill to the CVB.
Raising existing elevations of the site by one to five feet will provide more desirable building pads, improve drainage and create a more resilient project in the face of predicted sea level rise. Staff has identified opportunities to obtain excess fill material from construction projects owned by either the District or other entities at little or no cost to the CVB project. Approval of the proposed actions will authorize staff to obtain a portion of the approximately 700,000 cubic yards (CY) of fill material being sought prior to development, saving up to an estimated $15 million in future development costs.
CIP Project No. P0460 has a budget of $3,973,290 for engineering pre-design and design of the infrastructure needed for the redevelopment of the Chula Vista Bayfront. This action will transfer $200,000 from CIP contingency, increasing the project budget by $200,000 to $4,173,290 and will expand the scope to authorize staff to coordinate with project owners that have excess fill material; to plan, design and permit fill locations within the Chula Vista Bayfront; and to provide environmental and geotechnical services to control the quality and placement of imported fill.
RECOMMENDATION:
Recommendation
A) Adopt a resolution approving an amendment to the FY 2014 - 2018 CIP to change the project title of “Infrastructure Pre-design/Design at Chula Vista Bayfront” to “Site Preparation at Chula Vista Bayfront” and to amend the project scope to add the preparation of the existing site and to accept excess fill material, and
B) Adopt a resolution approving transfer of funds within the FY 2014 - 2018 CIP budget appropriation from Program Contingency to the Site Preparation at Chula Vista Bayfront project in the amount of $200,000.00 pursuant to BPC Policy No. 90 and No. 120.
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FISCAL IMPACT:
The total project budget (Project No. P0460) in the approved FY 2014 - 2018 CIP is $3,973,290. Approval of this agenda will authorize a fund transfer from CIP contingency to increase the project budget by $200,000 to $4,173,290, pursuant to BPC Policies No. 90 and No. 120.
The total FY 2014 - 2018 CIP budget will remain unchanged.
Compass Strategic Goals:
Approval of the proposed actions will facilitate the import of fill to prepare the CVB for sustainable redevelopment with long-term savings. This agenda item supports the following Strategic Goals.
• A Port with a healthy and sustainable bay and its environment.
• A Port with a comprehensive vision for Port land and water uses integrated to regional plans.
DISCUSSION:
The Chula Vista Bayfront Master Plan envisioned importing approximately700,000 cubic yards (CY) of fill to be placed throughout the project, particularly in the Harbor and Otay Districts. Raising existing elevations of the site will provide more desirable building pads, improve drainage and create a more resilient project in the face of predicted sea level rise. The cost of purchasing and placing that quantity of fill can vary greatly, but is estimated in the range of $15 to $25 million.
However, staff has identified opportunities to obtain excess fill material from construction projects, owned by either the District or other entities, at essentially no cost to the CVB project. District and tenant projects that may have excess material include the demolition of Transit Sheds 1 and 2 at the Tenth Avenue Marine Terminal, the demolition of the North Tank Farm at National City Marine Terminal, and Pond 20. We may also pursue large active development projects in eastern Chula Vista. Additionally, staff is discussing the possibility of obtaining a portion of the estimated 480,000 CY of excess soil planned to be exported from the Mid-Coast Corridor Transit Project, owned by the Metropolitan Transit System (MTS) and facilitated by SANDAG. Construction on the Mid-Coast Corridor project is scheduled to begin this fall.
Savings to those other projects in terms of having a large available spoil disposal site, shortened haul routes and easy freeway access can balance the cost of delivering and placing the soil at the CVB. However the District will incur some internal and consultant costs for project management, fill design and quality control. Staff will provide specifications for fill quality, storm water pollution prevention, site preparation and material placement so that the sites will be ready for development. Additional quality control oversight by geotechnical and environmental consultants will ensure minimal future earthwork will be required to accommodate site-specific development plans.
Initial funding for this additional work in the amount of $200,000 will provide internal and external labor support for the import of soil for approximately one year. Any additional funding will be included in future CVB funding plans. The proposed actions will expand the scope of pre-development activities at the CVB to include engineering and technical support for site preparation work including demolition, earthwork and import of fill, and will transfer $200,000 from CIP contingency to the project.
Staff recommends that the Board approve the proposed actions to advance the redevelopment of the CVB and to take advantage of substantial long-term savings for the redevelopment of the Bayfront.
General Counsel’s Comments:
The Office of the General Counsel has reviewed and approved this agenda and the proposed resolutions as to form and legality.
Environmental Review:
The proposed Board actions would approve an amendment to the Fiscal Year (FY) 2014-2018 Capital Improvement Program (CIP) to change the project title of “Infrastructure Pre-Design/Design at Chula Vista Bayfront” to “Site Preparation at Chula Vista Bayfront” and amend the project scope to allow District’s staff to plan and coordinate the work needed for site preparation and fill placement in the Chula Vista Bayfront. The proposed Board actions would also approve transfer of funds within the FY 2014-2018 CIP budget appropriation in the amount of $200,000 from Program Contingency to the Site Preparation at Chula Vista Bayfront project. These actions would not authorize any construction activities to be performed.
The Site Preparation at Chula Vista Bayfront project is needed to implement the Chula Vista Bayfront Master Plan (CVBMP), and would be presented to the Board for approval at a later date. Therefore, the proposed Board actions to amendment the CIP and transfer of funds do not constitute an “approval” or a “project” under the definitions set forth CEQA Guidelines Sections 15352 and 15378 because no direct or indirect changes to the physical environment would occur. The Board reserves its discretion to adopt any and all feasible mitigation measures, alternatives to the projects, including a no project alternative, a statement of overriding consideration, if applicable, and approve or disapprove the projects and any permits or entitlements necessary for the same.
Nonetheless, the potential environmental impacts of the CVBMP, including the import of fill to the Chula Vista Bayfront, were analyzed pursuant to the California Environmental Quality Act (CEQA) in the Chula Vista Bayfront Master Plan and Port Master Plan Amendment (PMPA) Final Environmental Impact Report (FEIR) (UPD #83356-EIR-658, District Clerk Document #56562, SCH #2005081077), which was certified by the Board on May 18, 2010 (Resolution No. 2010-78), the Addendum to the FEIR, which was adopted by the Board on August 13, 2013 (Resolution No. 2013-138), and the California Coastal Commission’s (CCC) August 2012 CEQA findings. The proposed Board actions are not a separate “project” for CEQA purposes but are subsequent discretionary approvals related to a previously approved project. (CEQA Guidelines § 15378(c); Van de Kamps Coalition v. Board of Trustees of Los Angeles Comm. College Dist. (2012) 206 Cal.App.4th 1036.). Accordingly, the proposed Board actions are merely a step in furtherance of the original project for which environmental review was performed, and no further environmental review is required at this time. However, the site preparation work or fill placement at the Chula Vista Bayfront will be subject to review for consistency with the FEIR and CCC’s August 2012 CEQA findings, and may be subject to additional environmental review to determine the appropriate environmental document pursuant to CEQA.
On August 9, 2012, the CCC, in its Staff Report, made the following CEQA findings for the proposed project (i.e., CVBMP and PMPA): The proposed PMPA was the subject of an EIR under CEQA; the EIR was subject to public review and hearing and was certified by the Board of Port Commissioners and the Chula Vista City Council; the District is the lead agency and the City of Chula Vista is the responsible agency for purposes of CEQA; and, both the City and the District jointly certified a FEIR for the projects in their jurisdictions. The CCC further found that, in the FEIR, the District identified that even after adopting all feasible mitigation measures, there would be unavoidable significant environmental impacts. Moreover, the CCC found that the District determined that specific economic, social, and other benefits of the proposed project outweigh the project’s unavoidable adverse environmental effects; therefore, such impacts are considered acceptable. The CCC reviewed and evaluated the proposed PMPA and found that the impacts had been mitigated, and that the PMPA did not have the potential to result in significant individual or cumulative impacts to sensitive resources, recreation, or the visual quality of the environment of the coastal zone. The CCC further found that there were no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect which the PMPA may have on the environment. The CCC agreed that the benefits of the project include improvements to public access, recreation, visitor serving amenities, and that these outweigh any remaining impacts. The CCC therefore found the PMPA to be consistent with CEQA.
In addition, the proposed Board actions comply with Section 87 of the Port Act, which allows for all visitor-serving commercial and industrial uses and purposes, and the construction, reconstruction, repair, maintenance of commercial and industrial buildings, plants, and facilities. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed Board actions are consistent with the Public Trust Doctrine.
The proposed Board actions do not allow for “development,” as defined in Section 30106 of the California Coastal Act, or “new development,” pursuant to Section 1.a. of the District’s Coastal Development Permit (CDP) Regulations. Therefore, issuance of a CDP or exclusion is not required. However, the District’s projects require processing under the District’s CDP Regulations. If a project is formulated as a result of the Site Preparation at Chula Vista Bayfront, the Board will consider approval of the project after the appropriate documentation under District’s CDP Regulations has been completed and authorized by the Board, if necessary. The Board’s direction in no way limits the exercise of the District’s discretion under the District’s CDP Regulations.
Equal Opportunity Program:
Not applicable.
PREPARED BY:
Linda K Scott
Capital Project Manager, Engineering-Construction