DISCUSSION:
Since November 2021, as approved by the City Council, staff has been working with the City’s environmental consultant, Helix Environmental, to update the project description to include the wetland restoration component. Staff is also in the process of finalizing the environmental document (MND) prior to the Planning Commission and City Council hearings anticipated for April and May 2022, where formal consideration of the MND and local approvals will occur. Due to the project’s location, an approved CDP will be required from the CCC prior to finalizing the bid advertisement, selection of a contractor, and the start of construction.
Generally, during the environmental review and permitting stage of a project (which is the current stage of Phase 3), project designs are completed at the concept-level (30% design). Once permits are approved, formal project design is completed in preparation for the bid advertisement stage. Deferring the formal project design for public projects until permits have been approved is a standard practice for government entities, as it reduces the risk of redesign, ensures that the formal design includes required mitigation criteria and special conditions, avoids added costs, and reduces delay. Advancing the formal project design ahead of City Council and CCC consideration of environmental review and permits for the project is a deviation from standard practice and considered “Design at Risk”; which is a matter of policy for the Council.
Should the Council direct staff to advance formal project design engineering as soon as outside funding becomes available, staff would work with its Geotechnical, Design, and Engineering consultants to prepare the formal drawings. Assuming no changes to the design are required post-permitting, staff estimates that completing the formal project design ahead of schedule would not reduce the overall project schedule. As shown below, the design engineering activity would be removed from the project’s “critical path,” which would allow the construction bid advertisement to move forward earlier, as well as the bid award (selection of a contractor) and notice to proceed. However, due to the restrictions on construction during the bird nesting season from February to August every year, there would be no change to the anticipated construction start time of August 2023. The revised schedule is provided below.
Finalize Environmental Document - Mitigated Negative Declaration (MND)
March 2022
Planning Commission Recommendation Hearing April 2022
City Council Hearing – MND & Local Permits May 2022
California Coastal Commission Hearing – Coastal Development Permit
December
2022
Construction Bid Advertisement January 2023
Bid Award/Notice to Proceed February 2023
Project Construction (Prohibited February – August due to bird nesting)
Aug –
December
2023
3 January 10, 2022 Item 16
City Council Agenda Report
Discussion on Timing for Riverpath Phase 3 Formal Design January 10, 2022
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council related to this agenda item.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute an “approval” or a “project” under the definitions set forth in California Environmental Quality Act (CEQA) Guidelines Sections 15352 and 15378 because no direct or indirect changes to the physical environment would occur. CEQA requires that the City adequately assess the environmental impacts of projects and reasonably foreseeable activities that may result from projects prior to the approval of the same. Any project developed as a result of the City Council’s action that requires the City or the City Council’s discretionary approval resulting in a physical change to the environment will be analyzed in accordance with CEQA prior to such approval. The current City Council action in no way limits the exercise of the City or the City Council’s sole and absolute discretion. Therefore, no further CEQA review is required.
PRIOR CITY COUNCIL REVIEW:
On November 15, 2021, the City Council received a project status update and authorized a task order amendment with Helix Environmental for added environmental consulting services and Michael Baker International (MBI) for design engineering services for work related to Phase 3.
On June 21, 2021, the City Council approved the Fiscal Years 2021-2022 and 2022-2023 Operating and Capital Budget appropriating $150,000 per fiscal year for this Project in Fiscal Years 2021-2022 and 2022-2023.
On November 9, 2020, the City Council authorized the acceptance of $40,000 in funding from various donors for the Riverpath Del Mar Extension Project Phase 3.
On August 3, 2020, the City Council authorized the acceptance of $50,000 from the Del Mar Foundation for the Riverpath Del Mar Extension Project.
On September 9, 2019, the City Council authorized the acceptance of $30,000 from the Malk Nature Fund with the San Dieguito River Valley Conservancy, $15,000 of which was received by the City in Fiscal Year 2019-2020.
4 January 10, 2022 Item 16