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HomeMy WebLinkAbout2005-08-23 - AGENDA REPORTS - BOUQUET BRIDGE MOU (2)Agerida Item: q CITY OF SANTA CLARITA AGENDA REPORT Curtis Nay CONSENT CALENDAR City Manager Approval: Item to be presented by: DATE: August 23, 2005 SUBJECT: ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE MOUNTAINS RECREATION AND CONSERVATION AUTHORITY TO ALLOW FOR THE MITIGATION OF IMPACTS FROM THE BOUQUET BRIDGE WIDENING, PROJECT NO. S1035 DEPARTMENT: Building and Engineering RECOMMENDED ACTION City Council enter into a Memorandum of Understanding (MOU) with the Mountains Recreation and Conservation Authority (MRCA) to satisfy the City's obligation to replace 2.27 acres of riparian habitat required by the California Department of Fish and Game (CDFG); appropriate $110,000.00 from the Bouquet Canyon Bridge and Thoroughfare District, Fund 301, to Account No. S1035301-8001; and authorize the City Manager or designee to execute all documents, subject to City Attorney approval. BACKGROUND On June 22, 2004, the City Council awarded the construction contract and support services for the Bouquet Canyon Road Bridge Widening project. At that meeting, the City Council also authorized staff to initiate a project to create 2.27 acres of riparian habitat to mitigate the impacts of the Bouquet Canyon Road Bridge Widening project. This action was required by the California Department of Fish and Game (CDFG) as a mitigation measure. Staff was also directed to provide CDFG with a Security Bond for the mitigation, and execute a Verification Request Letter as required for the Natural River Management Plan for a portion of the Santa Clara River. The City has an opportunity to enter into a Memorandum of Understanding (MOU) with the Mountains Recreation and Conservation Authority to restore property, which would satisfy the City's obligation to mitigate riparian habitat as required by the CDFG. The Mountains Recreation and Conservation Authority (MRCA) is a local government public entity established in 1985 pursuant to the Joint Powers Act. The MRCA is a local partnership between the Santa Monica Mountains Conservancy, which is a state agency established by the Legislature, the Conejo Recreation and Park District, and the Rancho Simi Recreation and Park District, both of which are local park agencies established by the vote of the people in those communities. This MOU would allow the City to meet this obligation by paying for the restoration of a 2.5 -acre portion of a 32 -acre parcel in Long/Nellus/Soledad Canyons. This parcel is to be acquired by the MBCA. This MOU will cost the City $110,000.00; however, this agreement has several benefits compared to the City having to meet this mitigation requirement on its own. First, the City would not have to identify or acquire a separate parcel to meet this requirement. Second, the City would not have to seek CDFG approval for the acquisition of that parcel or for the mitigation of that parcel. Third, the City would not be responsible for implementing the mitigation measures, for monitoring the parcel and the measures, or for the maintenance. The CDFG requires that the mitigation be in place for four years. If, prior to the fourth year, the site is disturbed, the City would be responsible to again implement the mitigation measures. This agreement places the responsibility for all of these functions on the MBCA. Staff believes that the cost of the agreement is less than the cost of the City directly meeting the mitigation requirement. Further, it is the opinion of staff that the staff time and resources needed to implement the mitigation requirement would far exceed the staff time and resources needed to enter into the agreement. A Mitigated Negative Declaration was prepared for the Bouquet Canyon Road Bridge Widening project, and a Notice of Determination was filed in 2001, thereby meeting the requirements of the California Environmental Quality Act (CEQA). Also, a Categorical Exclusion (CE), pursuant to the National Environmental Policy Act (NEPA), was completed for the Bouquet Canyon Road Bridge project on December 20, 2001. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT A Payment Bond Certificate for $126,491.84, payable to CDFG, was deposited with Union Bank of California from the General Fund 001 cash account. Discussions with the MRCA resulted in the realization of a need for only $110,000.00 to fulfill the City's mitigation obligations. The appropriation of $110,000.00 from the Bouquet Canyon Bridge and Thoroughfare District into Account No. S1035301-8001 and subsequent payment to the MRCA will satisfy the City's CDFG mitigation obligation under the NRMP Project No. 108 Letter of Agreement. The City will then be entitled to regain use of the Payment Bond Certificate, either upon the January 2006 maturity of the bond certificate, or upon withdrawal at an earlier date, subject to early withdrawal penalty. The Bouquet Canyon Bridge and Thoroughfare District has a current available fund balance of approximately $1,311,000.00. The appropriation to Account No. S4003301-8001, in the amount of $110,000.00, will reduce the available fund balance to approximately $1,201,000.00. ATTACHMENTS Memorandum of Understanding Location Map