The URL can be used to link to this page

Home My WebLink About2020-04-28 - AGENDA REPORTS - SIERRA HIGHWAY BRIDGES OVER SANTA CLARA RIVER, PRO (2)Agenda Item: 20 P CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL:1 DATE: April 28, 2020 SUBJECT: SIERRA HIGHWAY BRIDGES OVER SANTA CLARA RIVER, PROJECT S3030 - AUTHORIZE PURCHASE OF MITIGATION CREDIT DEPARTMENT: Public Works PRESENTER: Damon Letz RECOMMENDED ACTION City Council: 1. Authorize the purchase of 0.27 acres of mitigation credit from the Peterson Ranch Mitigation Bank sponsor, Land Veritas Corporation, in the amount of $63,750. 2. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval. BACKGROUND The City of Santa Clarita (City) has been working with the County of Los Angeles (County) for proposed improvements to two separate bridges along Sierra Highway over the Santa Clara River. Pursuant to the County's Bridge Inspection Report (BIR), both bridges will receive upgrades. The proposed project, improvements to the Sierra Highway Bridges, consists of removing and replacing the southbound bridge, widening the northbound bridge, and constructing a 13-foot- wide median between them. The exterior side of both bridges would add six -foot -wide sidewalks with eight -inch curbs, concrete barriers, street lights, and railings. These improvements will increase overall pedestrian safety and fulfill the conditions to remove the deficiency statuses of the northbound and southbound bridge, as referenced in the County's BIR. The project is currently in the final stages of design and is anticipated to be in the construction phase during Fiscal Year 2021-22. Page 1 Packet Pg. 171 Environmental Mitigation _ The proposed bridge improvements are located in sensitive streambed habitat that is regulated by the U.S. Army Corps of Engineers (USAGE), California Department of Fish and Wildlife (CDFW), and the Los Angeles Regional Water Quality Control Board (RWQCB). Each of these agencies quantify the streambed impacts differently and through the permitting process have determined that 0.27 acres are subject to compensatory mitigation. The City, in agreement with Caltrans, has agreed to purchase 0.27 acres of mitigation banking credit from the Peterson Ranch Mitigation Bank. This was satisfactory to all three agencies. Peterson Ranch Mitigation Bank is a mitigation bank approved by ALOE, CDFW, and RWQCB. The purchase of the 0.27 acre credit will preserve in perpetuity the amount of habitat impacted by the project. The mitigation bank sponsor, Land Veritas Corporation, will be responsible for the ongoing expenses and maintenance of the credit sold. The per acre price for habitat mitigation varies depending on the type and availability of habitat purchased and can range between $250,000 per acre to over $500,000 per acre at the Peterson Ranch Mitigation Bank. Due to the nature of the habitat that may be disturbed at the project site, Caltrans approved the purchase of 0.27 acres of mitigation credit for habitat with a present value of $63,750. Staff evaluated other mitigation options, such as streambed restoration or habitat creation, and found the requirements for self -mitigation activities such as the ongoing maintenance and enforcement against prohibited activities to be extremely costly. The purchase of mitigation banking credit is the most cost-effective option for satisfying the compensatory mitigation requirement. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT Upon approval of the recommended action, adequate funds will be available in expenditure accounts 53030229-5161.001, Federal Grant -Highway Bridge Program, and 53030233- 5161.001, Transportation Development Act, Article 8 funds, to support the recommended action. ATTACHMENTS Location Map Draft Agreement for Sale of Credit (available in the City Clerk's Reading File) Page 2 Packet Pg. 172 AGREEMENT FOR SALE OF CREDITS USACE FILE NO. SPL-2015-00598-AP, CDFW FILE NO. 1600-2015-0037-R5, LOS ANGELES RWQCB FILE NO. 15-128 This Agreement is entered into this day of , 20, by and betweenthe Land Veritas Corp. (Bank Sponsor) and the City of Santa Clarita (Project Proponent), jointly referred to as the “Parties,” as follows: RECITALS A. The Bank Sponsor has developed the Petersen Ranch Mitigation Bank (Bank) located in Los Angeles County, California; and B. The Bank has been developed pursuant to a Bank Enabling Instrument (BEI) entered into by and between Bank Sponsor, LV-BP Investors Ranch, LLC, LV Lake Elizabeth, LLC (jointly “Property Owner”), the U.S. Army Corps of Engineers (USACE), the Environmental Protection Agency (EPA), the Lahontan Regional Water Quality Control Board (Lahontan RWQCB), and the California Department of Fish and Wildlife (CDFW) on May 11, 2016, and is currently in good standing with these agencies; and C. Project Proponent is seeking to implement the project described on Exhibit “A” attached hereto (Project), which would unavoidably and adversely impact non-wetland waters of the U.S and waters of the State, and seeks to compensate for the loss of non-wetland waters of the U.S and waters of the State by purchasing credits from Bank Sponsor; and D. Project Proponent has been authorized by USACE File No. SPL-2015-00598-AP, CDFW File No. 1600-2015-0037-R5, and Los Angeles RWQCB File No. 15-128, to purchase from the Bank 0.27 acres 1600 Alluvial Floodplain Re-establishment credits, which include within them 0.09 acres 404 Alluvial Floodplain Re-establishment credits (“Credits”) upon confirmation by the Bank Sponsor of credit availability/adequate balance of credits remaining for sale; and E. Project Proponent desires to purchase from Bank Sponsor and Bank Sponsor desires to sell to Project Proponent the Credits; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Bank Sponsor hereby sells to Project Proponent and Project Proponent hereby purchases from Bank Sponsor the Credits for the purchase price of sixty-three thousand seven hundred fifty dollars ($63,750). The Bank Sponsor will then deliver to Project Proponent an executed Bill of Sale in the manner and form as attached hereto and marked Exhibit “B”. The purchase price for said credits shall be paid by cashier’s check or, at the option of Bank Sponsor, wire transfer of funds according to written instructions by Bank Sponsor to Project Proponent. 2. The sale and transfer herein is not intended as a sale or transfer to Project Proponent of a security, license, lease, easement, or possessory or non-possessory interest in real property, nor the granting of any interest of the foregoing. 3. Project Proponent shall have no obligation whatsoever by reason of the purchase of the Credits, to support, pay for, monitor, report on, sustain, continue in perpetuity, or otherwise Petersen Ranch Mitigation Bank 1 Exhibit F-2 Version Date: 12-14-2018 be obligated or liable for the success or continued expense or maintenance in perpetuity of the Credits sold, or the Bank. Pursuant to the BEI and any amendments thereto, Bank Sponsor shall monitor and make reports to the appropriate agency or agencies on the status of any Credits sold to Project Proponent. Bank Sponsor shall be fully and completely responsible for satisfying any and all conditions placed on the Bank or the Credits by all state or federal jurisdictional agencies. 4. The Credits sold and transferred to Project Proponent shall be non-transferable and non-assignable, and shall not be used as compensatory mitigation for any other project or purpose, except as set forth herein. 5. Project Proponent must exercise his/her/its right to purchase the Credits within 30 days of the date of this Agreement. After the 30 day period this Agreement will be considered null and void. 6. Upon purchase of the Credits specified in paragraph 1 above, the Bank Sponsor shall submit to the parties listed in the Notices section of the BEI, copies of the: a) Agreement for Sale of Credits; b) Bill of Sale; c) Payment Receipt; and d) an updated ledger. The updated ledger must detail: i) Project Proponent; ii) Project Name; iii) Status (sale complete/sale not complete); iv) Credit Sale Date; v) Permitting Agency File/Tracking Number; vi) Total Number of Credits Authorized to Sell; vii) Total Number of Credits Sold to Date (inclusive); and viii) Balance of all Credits Available. The ledger should include all sales data from Bank Establishment Date to the present. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. BANK SPONSOR Land Veritas Corp. By: _______________________________________________ Date: H. Tracey Brownfield, President PROJECT PROPONENT City of Santa Clarita By: _______________________________________________ Date: Petersen Ranch Mitigation Bank 2 Exhibit F-2 Version Date: 12-14-2018 EXHIBIT “A” DESCRIPTION OF PROJECT TO BE MITIGATED Name of Project: Sierra Highway Bridge Widening Project Location: Sierra Highway Bridge over the Santa Clara River, Santa Clarita, Los Angeles County, CA Permitting Agency(ies) File/Tracking Number: USACE File No. SPL-2015-00598-AP CDFW File No. 1600-2015-0037-R5 Los Angeles RWQCB File No. 15-128 Project Description: Northbound bridge will be widened on the upstream side, the southbound bridge will be demolished and replaced with a wider bridge, the opening between the bridges will be covered. Petersen Ranch Mitigation Bank 3 Exhibit F-2 Version Date: 12-14-2018 EXHIBIT “B” BILL OF SALE USACE File No. SPL-2015-00598-AP CDFW File No. 1600-2015-0037-R5 Los Angeles RWQCB File No. 15-128 In consideration of $63,750, receipt of which is hereby acknowledged in the form of ______\[Payment Type\], Land Veritas Corp. (Bank Sponsor), does hereby bargain, sell and transfer to the City of Santa Clarita, Credits in the Petersen Ranch Mitigation Bank in Los Angeles County, California, developed, and approved by the USACE, EPA, RWQCB, and/or CDFW and associated with the Project described in Exhibit A. Bank Sponsor represents and warrants that it has good title to the Credits, has good right to sell the same, and that they are free and clear of all claims, liens, or encumbrances. Bank Sponsor covenants and agrees with the Project Proponent to warrant and defend the sale of the Credits hereinbefore described against all and every person and persons whomsoever lawfully claiming or to claim the same. DATED: ______________________________________ Petersen Ranch Mitigation Bank Land Veritas Corp., Bank Sponsor By: ___________________________________________ H. Tracey Brownfield, President Petersen Ranch Mitigation Bank 4 Exhibit F-2 Version Date: 12-14-2018 EXHIBIT “C” PETERSEN RANCH MITIGATION BANK PAYMENT RECEIPT PROJECT PROPONENT INFORMATION Name: City of Santa Clarita Address: 23920 Valencia Blvd, Suite 300 Santa Clarita, CA 91355 Telephone: 661-255-4348 Contact: Dan Duncan, Environmental Administrator PROJECT INFORMATION Project Description: Northbound bridge will be widened on the upstream side, the southbound bridge will be demolished and replaced with a wider bridge, the opening between the bridges will be covered. Project Location: Sierra Highway Bridge over the Santa Clara River, Santa Clarita, Los Angeles County, CA Agency File/Tracking Number: USACE File No. SPL-2015-00598-AP CDFW File No. 1600-2015-0037-R5 Los Angeles RWQCB File No. 15-128 Petersen Ranch Mitigation Bank 5 Exhibit F-2 Version Date: 12-14-2018 Species/Habitat Affected: Approximately 0.27 acres of alluvial sage scrub (active channel, scalebroom scrub, big sagebrush, and buckwheat scrub) Credits to be Purchased: 0.27 acres 1600 Alluvial Floodplain Re-establishment credits, which include within them 0.09 acres 404 Alluvial Floodplain Re-establishment credits PAYMENT INFORMATION Payee: Land Veritas Corp Payer: City of Santa Clarita Amount: $63,750 Method of payment: Cash ___ Check No. __________ Money Order No. _________ Received by: _______________________________________ H. Tracey Brownfield, President Date: Petersen Ranch Mitigation Bank 6 Exhibit F-2 Version Date: 12-14-2018