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Home My WebLink AboutCC AG PKT 2002-08-26 #P AGENDA REPORT DATE: August 26, 2002 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Douglas A. Dancs, Director of Public Works /City Engineer SUBJECT: ANAHEIM CHANNEL DEBRIS REMOVAL PROJECT # 49995, REQUEST FOR CALTRANS TO BECOME THE LEAD AGENCY SUMMARY OF REQUEST: The proposed action will authorize the City Manager to make a formal written request to Caltrans to become the Lead Agency for the Anaheim Channel Debris Removal Project. BACKGROUND: This project is located on the Seal Beach Naval Weapons Station. It is within the National Wildlife Refuge area along the banks of the Anaheim Bay Channel southerly of Pacific Coast Highway. The project consists of removing the old Pacific Coast Highway bridge debris that was left on the banks of the Anaheim Bay Channel after the U.S Navy used the old bridge for demolition practice when Caltrans relocated Pacific Coast Highway to its current location. The concept for the project was to remove the bridge debris to improve the visual and aesthetics aspects of the area. Agencies having jurisdiction and regulatory authority over the project are: 1. U.S. Army Corps of Engineers (ACOE) 2. United States Navy (USN) 3. U.S. Fish and Wildlife Service (USFWS) 4. National Marine Fisheries Service (NMFS) 5. California Department of Fish and Game (CDFG) 6. California Coastal Commission (CCC) 7. California Regional Water Quality Control (CRWQC) 8. Caltrans At the initial stages of the project, two demolition contractors visited the project site and estimated that removal and disposal of the debris and dressing of the channel banks to be not more than $50,000. With design engineering and construction administration estimated at a maximum of 50% of the construction cost, the project total was estimated Agenda Item to be $75,000. Funding for the project, which was initially estimated at $50,000, was then revised upward to be $75,000 which was then allocated by the Governor's Office from the existing Caltrans budget. Various agencies conditioned the project including the USFWS (National Wildlife Refuge) requirement not to allow construction between March 15 and August 15 due to the nesting season of the Least Tern Bird. Other agency requirements included restoration planting of the entire disturbed area of the banks of the channel with eel grass and pickle weed. Once these requirements were in place, ACOE approved a Letter of Permission (LOP) to construct. Project bids were then received on January 17, 2001 with the low bid being $89,100. With the low bid being higher than the authorized Caltrans funding of $75,000, the City requested additional funding from Caltrans. However, Caltrans was not able to immediately secure additional funds after the bid opening and subsequently, bids had to be rejected. In March 2001, Caltrans authorized funding up to $117,000. The City then re -bid the project with a separate debris cleanup bid and a separate planting bid hoping that the separate bid totals would be lower than the initial prior bid. Bids were then received on August 16, 2001 with the low bid of $108,400 for debris cleanup and $143,950 for planting for a total of $252,350. Again the low bid totals were higher than the authorized Caltrans funding of $117,000 and the City of Seal Beach again requested additional funding from Caltrans, however Caltrans again was not able to immediately secure additional funds after the bid opening and subsequently, bids had to be rejected. Caltrans then reviewed the project and planting requirements in order to reduce the cost of the project and has now increased the requirements requesting that 100% of the disturbed area be planted with pickle weed, that it be maintained by the City of Seal Beach for a two year maintenance period, and that the at the end of the two year maintenance period at least 50% pickle weed growth rate be maintained thereafter. Additionally the Corps of Engineers reviewed the project and has also increased the requirements requesting that 100% of the disturbed area be planted with pickle weed, that it be maintained by the City of Seal Beach for a two year maintenance period, and that the at the end of the two year maintenance period at least 90% pickle weed growth rate be maintained thereafter. Our best estimate of current pickle weed growth on the project area proposed to be disturbed is approximately 5% pickle weed growth. Both the expectations of Caltrans and Corps of Engineers requirements may be too optimistic and in either case may require ongoing perpetual maintenance of the pickle weed area by the City since it is unlikely that neither the 90% nor the 50% pickle weed growth could maintain itself naturally in the area. In either case Caltrans has expressed that it would not fund ongoing perpetual maintenance of the pickle weed area, nor would the City want to commit to such ongoing perpetual maintenance of a landscaped area within and on Federal property in a National Wildlife Refuge area that is not under the control of the City. With the proposed additional two -year landscape maintenance period included, the project is now estimate to be in the $450,000 range, which does not include the ongoing perpetual landscape maintenance. In order to construct the project, all of the above noted agencies and the City must agree to the various requirements, the Corps of Engineers must approve a Letter of Permission (LOP) to construct, and Caltrans must approve funding for the project. The project is complicated by the fact that: 1. The project is located on Federal property not under the control of the City. ' 2. The project has grown from a simple cleanup project to a restoration and slope stabilization project. 3. The Corps of Engineers requirement for perpetual pickle weed maintenance is problematic. 4. The Corps of Engineers will not issue permission to construct unless the project meets its requirements. 5. The Caltrans requirement for perpetual pickle weed maintenance is problematic. 6. Caltrans will not authorize funding for perpetual pickle weed maintenance. 7. Caltrans will not fund the project unless the project meets its requirements. The requirements of the involved regulatory agencies the project, which appears to be a simple project, has now evolved from a debris cleanup project into a wetlands reclamation and pickle weed planting project which includes possible perpetual maintenance of the planted pickle weed area. Staff is requesting that the City Manager request that Caltrans accept the responsibility of this project and assume the project management position. This would be accomplished by sending a letter to the Caltrans Director and /or direct State Legislation. Caltrans is the fund holder for the project and with their use of in -house staff environmental expertise including biologists, they would be more successful in delivering this type of project. In addition, Caltrans may be able to assume the requirements of the various environmental agencies such as perpetual maintenance. FISCAL IMPACT: The City has expended $25,000 to date on this project for outside consultant costs. The vast majority of this cost has been the pursuit of the environmental portions of the project. If Council directs Staff to continue, and additional allocation of $10,000 would be requested. Additionally, Staff would recommend that all monies spent to date be reimbursed by Caltrans prior to moving forward with the project. In -house staff time is not reimbursable by Caltrans. RECOMMENDATION: Authorize the City Manager to make a formal written request to Caltrans to become the Lead Agency for the Anaheim Channel Debris Removal Project. Prepared By: ' - e ed By: roiyiliar.....>„ A____Nli. . Mar K. Vukojevic, P.E. Douglas A. Dancs, - . ., re or "" Deputy City Engineer Public Works Department . NOTED AN'' APPROVED: . / (i) / ) # /--' John B. aho ' ki, ity Manager I