Agenda Item B.9
CONSENT CALENDAR
Meeting Date: August 16, 2022
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Gerald Comati, Project Manager
SUBJECT: Status Report on Ekwill Street and Fowler Road Extensions Project and the Hollister Avenue Bridge Project
RECOMMENDATION:
A. Receive an update on the Ekwill Street and Fowler Road Extensions Project and the Hollister Avenue Bridge Project; and
B. Authorize the City Ma nager to execute Guaranteed Letters of Payme nt for the construction and monitoring phases of the San Jose Creek Channel Fish Weir Modification Project, as a condition of the California Department of Fish and Wildlife permit required for the Hollister Avenue Bridge Project.
BACKGROUND:
The City’s Ekwill Street and Fowler Road Extensions Project (Ekwill -Fowler Project, No. 9002) and Hollister Avenue Bridge Project (Project No. 9033) are two projects located in Old Town Goleta that have been in devel opment for a number of years and are considered two of the highest priority transportation projects in the City. The two project locations overlap each other along Hollister Avenue near the Hollister Avenue and State Route 217 intersection. This overlap and the timing of the two federal grants prompted the decision to construct the t wo projects under a single construction contract and thereby minimize disruption an d lane closures along Hollister Avenue during construction. This staff report provides an update on the status of the two projects.
The Holliste r Avenue Bridge Project requires three pe rmits to proceed into the construction phase. These permits are from the U.S. Army Corps of Engineers, the Regional W ater Quality Con trol Board, and the California Department of Fish and Wildlife (CDFW). The U.S. Ar my Corps of Engineers and Regional Water Quality Control Board permits have been secured. The CDFW permit consists of a Lake and Streambed Alteration (LSA) Ag reement. Due to function and maintenance probl ems with the existing fish passage facility installe d by the City as part of the San Jose Cr eek Channel Capacity and Fish Passage Project completed in 2014, the LSA Agreement includes a condition that the City implement the San Jose Creek Channel Fish Passage 1 Meeting Date: August 16, 2022
Modification Project (Project No. 9117). The fish passage project will modify the existing fish passage fac ility in the channel and implement up stream grading with the overall objective of optimizing the v iability of stee lhead trout migration from the Goleta Slough up the channel and into the natural c reek. In January 2022, the City Council approved the establishment of the San Jose Creek Chanel Fish Passage Modification Project and assigned budget to the environmental, design and permitting phase.
Purpose and Need
Ekwill-Fowler Project:
Improve access to and within Old Town Goleta.
Improve access to Santa Barbara Airport.
Enhance pedestrian and bicycle circulation and safety. Allow expansion of transit opportunities within Old Town Goleta. Relieve congestion on Hollister Avenue.
Improve operational capacity at State Route 217/Hollister Avenue Interchange.
Hollister Avenue Bridge Project:
Replace the Hollister Avenue Bridge . The existing Hollister Avenue Bridge over the San Jose Creek Channel contains reactive aggregate which is causing th e structure to deteriorate. In addition, the bridge rep resents an obstruction to the 100-year storm capacity of the downstream channel.
Provide 100 -year flow capacity within the upstream portion of San Jose Creek Channel.
Continue fish passage through the upstream portion of San Jose Creek Channel.
With the construction of the fish passage low flow channel in the upstream section of San Jose Creek Channel, steelhead will be able to migrate from the Goleta Slough to t he natural portion of San Jose Creek located just upstream of Hollister Avenue.
Scope
Ekwill-Fowler Project:
Construct an extension on existing South Street from Kellogg Avenu e to Technology Drive and rename South Street to Fowler Road. Construct Ekwill Street from Kellogg Avenue th rough to Fairview Avenue, with a roundabout at the Ekwill Street and Pine Avenue intersection. Construct operational improvements at the interchange of Hollist er Avenue and State Route 21 7 with the installation of a roundabou t at the Hollister Avenue/southbound St ate Route 21 7 intersection an d a roundabout at t he Hollister Avenue/northbound State Route 217 intersection. Widen Kellogg Avenue to allow additional r ight turn storage capacity f rom northbound Kellogg Avenue to eastbound Hollister Avenue. Install a 1,000-foot-long segment of the Old San Jose Creek Multi-Use Trail. This improvement is identified in the City of Goleta’s General Plan and is planned to extend south and west from the Goleta Valley Community Center along Ol d San 2 Meeting Date: August 16, 2022
Jose Creek. The trail segment tha t would be built as part of the project is located between Pine Avenue and Kellogg Way, on the north side of Ekwill Street.
Hollister Avenue Bridge Project:
Demolish existing Hollister Avenue Bridge and construct a longer and wider bridge at approximately the same elevation. The design of the n ew bri dge accommodates the realignment of Hollister Avenue necessary for the approach to the roundabout that will be constructed as part of the Ekwill-Fowler Project. Demolish the remaining portion of the existing concrete trapezoidal channel and construct the w ider rectangular channel co nsistent with the completed downstream section.
Demolish the existing steel bridge over San Jose Creek Channel downstream of Hollister Avenue.
Construct a continuation of the fish passage low-flow channel through the upstream channel, under the new bridge and up to the natural San Jose Creek. Construct a concrete basin north the new Hollister Avenue Bridge to address the hydraulic flow transition from the wide natural creek upstream of Hollister Avenue into the newly constructed concrete channel.
Environmental
Ekwill-Fowler Project:
In 2011, the City of Goleta (City) certified an Environmental Impact Report (EIR) under the California Environment al Quality Act ( CEQA), and Caltrans cer tified a Categorical Exclusion un der the National En vironmental Poli cy Act ( NEPA) for the Project. In 2019, the City approved an addendum to the EIR to address a scope change on Fowler Road and approve the project’s Bio-Mitigation Plan. The Bio -Mitigation Plan identif ies mitigation in t hree areas. Two of them are located adjacent to the project (on the northside of Ekwill Street an d west of the Fowler Ro ad extension) . The th ird mit igation site is on City -owned land at Ellwood Mesa.
Caltrans requires a NEPA Re-validation for the projec t which was successfully completed in June 2022.
Hollister Avenue Bridge Project:
In 2015, a Mitigated Negative Declaration (MND) under CEQA was approved by the City and Caltrans approved a Categorical Exemption under NEPA. The project Restoration/Mitigation Plan is located on City-owned property at Lake Los Carneros.
Caltrans requires a NEPA Re -validation for the project which was successfully completed in September 2021.
Permitting
Ekwill-Fowler Project:
All resource agency permits for the project have been secured. The status of all permits is shown in Table 1 below:
3 Meeting Date: August 16, 2022
Table 1: Ekwill-Fowler Project Permit Status
Agency/Authority Permit/Approval to be
Issued
Status of Permit/
Approval Application
City of Goleta Land Use Permit Target: September 2022
Coastal Commission Coastal Development
Permit
Approved 03/2018
Final Conditions are
pending –Target: 08/2022
California Department of
Fish and Wildlife
Section 1600 Streambed
Alteration Agreement
Approved 01/2017 –
Permit extension request
is pending
Regional Water Quality
Control Board
Section 401 Water Quality
Certification
Approved 01/2017 –
Permit extension request
is pending
U.S. Army Corps of
Engineers Section 404 Permit
Approved 05/2017 –
Permit extension request
is pending
Hollister Avenue Bridge Project:
The City has received permits from U.S. Army Corps of Engineers and the Regional Water Qu ality Control Board. Issu ance of the California Department of Fish and Wildlife (CDFW) permit is pending. The status of all permits is shown in Table 2 below:
Table 2: Hollister Avenue Bridge Project Permit Status
Agency/Authority Permit/Approval to be
Issued
Status of Permit/
Approval Application
California Department of
Fish and Wildlife
Section 1600 Streambed
Alteration Agreement
Pending – Target:
08/2022
Regional Water Quality
Control Board
Section 401 Water Quality
Certification
Approved 12/2017 –
Permit amendment is in
process
U.S. Army Corps of
Engineers Section 404 Permit
Approved 05/2017 –
Permit extension was
issued 07/2022
Right-Of-Way
Ekwill-Fowler Project:
The Ek will-Fowler Project re quires extensiv e right-of-way. In total , acquisitions from nineteen separate properties are needed. To date possession has been secured from eighteen of the nineteen properties. In 2019, t he City entered into five eminent domain actions for which possession was been secured. Four of the eminent domain actions remain in litigation.
4 Meeting Date: August 16, 2022
The nineteenth acquisition was identifi ed by Caltrans and consists of an access denial acquisition along Ward Drive. An appraisal was completed by the City and an offer made. The property owner is completing their own appraisal. The Ci ty anticipates Caltrans approval of the Right -of-Way Certifi cation for the project in October 2022.
Hollister Avenue Bridge Project:
The Hollister Avenue Bridge Project require s acquisitions from five separate properties. The City entered into five eminent domain actions for these properties and in 2019 secured possession of all five. To date, the City has settled on two of the properties (full-take acquisitions for properties located along the east side of San Jose Creek Channel and south of Hollister Avenue) while litigation continues on the remaining three properties.
In September 2021, the City successfully secured from Caltra ns Rig ht-of-Way Certification for the Hollister Avenue Bridge Project.
Design
Ekwill-Fowler Project:
Final design for the project is at the 100 percent stage. Through a professional services consultant contract, t he City performed an independent design peer review of the project in 2021 and will implement a final review in September 2022.
Review with Caltra ns is ongoing . Final a pproval by Caltrans of the Plans , Specifications and Estimates (PS&E) is anticipated by October 2022.
Hollister Avenue Bridge Project:
Final design for the project is at the 100 percent stage. The project is undergoing an independent design review by the Santa Barbara County Flood Contro l District, the owner o f the San Jose Creek C hannel.
Completion of this review is anticipated in September 2022. Completion of the PS&E is anticipated by September 2022.
Funding
Ekwill-Fowler Project:
The Ekwill -Fowler Project is partially funded through the State Transportati on Improvement Program ( STIP). STIP fun ding for Preliminary Engineering/Environmental, Final Design/Permitti ng and the Ri ght-of-Way Acquisition phases has been expended. Construction phas e ST IP f unding remains in the amount of $11.4M. To supplement the STIP funding the City has been primarily utilizing Development Impact Fee (DIF) funding. A summary of the funding for the project is shown in Table 3 below.
The allocat ion of the STIP funding for construction i s made by the California Transportation Commissio n (CTC). The City intends to secure the construction fund allocation at the January 2023 CTC me eting. The deadline for securing the 5 Meeting Date: August 16, 2022
CTC allocation approval is February 2023. If this milestone is not met the City will lose the $11.4 M on STIP funding programmed for the project.
Table 3: Ekwill-Fowler Project Funding Summary
Project Components Estimated
Costs Funding Sources Funding
Amounts
Staff $120,000 General Fund (101) $250,000
Environmental Review
(Consultant) $2,060,000 Transportation Facilities
DIF (220) $12,333,000
Design (Consultant) $5,170,000 Other Prior $670,000
PM (Consultant) $740,000 STIP (308 – Prior) $4,450,000 Right-of-Way (Prior) $3,579,000 STIP (308) $11,372,000 Right-of-Way (Projected) $2,184,000 CDBG (402) $97,000 Construction (prior) $210,000 LRDP (230) $2,614,000
Construction $15,900,000 RDA (601) $654,000
Construction
Contingency/CCO $2,377,000 Transportation Facilities
DIF (220) Proposed $1,400,000
CM (Consultant) $1,500,000
Total: $33,840,000 Total: $33,840,000
Hollister Avenue Bridge Project:
The Hollister Avenue Brid ge Project is funded through the Highway Brid ge Program (HBP). This program is a federal program whereby 88.53 percent of the cost of all phases of the project are reim bursed by federal funds and the remaining 11.47 percent is funded by the City. To provide the City match for the HBP funds, t he City has been primarily utilizing DIF funding. The City is requesting allocation of the federal funds for FY 22-23. A summary of the funding for the project is shown below.
Table 4: Hollister Avenue Bridge Project Funding Summary Project Components Estimated
Costs Funding Sources Funding
Amounts
Staff $97,000 Measure A (205) $140,000
Environmental Review +
Design (Consultant) $2,732,000 Other $10,000
PM (Consultant) $650,000 HBP (401) $20,000,000
Right-of-Way $4,220,000 Transportation Facilities
DIF (220) Proposed $3,100,000
Construction $11,700,000
Construction Contingency $2,100,000
CM (Consultant) $1,751,000
Total: $23,250,000 Total: $23,250,000
6 Meeting Date: August 16, 2022
Staff is not recommending any budget appropriations at this time.
Path Forward
The Ekwill-Fowler Projec t and the Hollister Avenue Br idge Project overlap each other along Hollister Avenue near the H ollister A venue intersection with the southboun d ramps of State Route 217. This overlap has prompted the decision to construct the two projects under a single construction contract and thereby benefit from economy of scale and minimize the duration of disruption and lane closures along Hollister Avenue during construction.
Both projects are moving toward Caltrans approval of the PS&E by October 20 22. All but one permit has been secured, the Right-of-Way Certification for the Hollister Avenue Bridge Projec t has been secured and Right-of-Way Certification for E kwill-Fowler is scheduled for October 2022 . The path forwa rd toward construction of the com bined Ekwill-Fowler + Hollister Avenue Bridge Project is described in Table 5 below.
Table 5: Project Milestones
Project Milestones Date
Hollister Bridge Secure CDFW Permit August 2022
Ekwill-Fowler Secure remaining Right-of-Way September 2022 Ekwill-Fowler Certify Right-of-Way October 2022
Hollister Bridge Secure Obligation of Federal
Funding for Construction November 2022
Ekwill-Fowler Secure Allocation of STIP
Construction Funding from CTC
January/February
2022
Ekwill-Fowler + Hollister Bridge Advertise for Construction February 2023 Ekwill-Fowler + Hollister Bridge Award Project for Construction May 2023 Ekwill-Fowler + Hollister Bridge Complete Construction 2025
DISCUSSION:
San Jose Creek Channel Fish Weir Modification Project:
In addition to the condition to implement the San Jose Creek Channe l Fish Passage Modification Project, the CDFW’s LSA agreement includes a requirement for the City to issue a Letter of Credit for the cost of t he fish passage project such that CDFW would be able to access City funds should the City not deliver the project . The Letter of Credit requirement is now standard for all LSA agreements issued throughout the State. The City Finance Department has recommen ded an alternative instrument to a Letter of Credit that is more favorable to the City, referred to as a Guarante ed Letter of Payment (GLP). The Finance Director has developed a template for the GLP that can be found in Attachment No. 1. The cost of constr uction and monito ring will not be exactly known until the design is completed in 2023 and the project is advertised, and construction bids are opened. However, staff is estimating a construction cost of $2M. 7 Meeting Date: August 16, 2022
Staff is recommending that the Council authorize the City Manager execute the GLP at the time t hat the construc tion cost and mon itoring cost of the fish passage project is known, anticipated in summer 2023 or potentially 2024.
FISCAL IMPACTS:
There are no fiscal impacts for the Ekwill -Fowler Project and the Hollister Avenue Bridge Project. Currently, the City has only appropriated budget for the envi ronmental, design, and permitting ph ase of the Fish Passage Project. Once the construction and monitoring costs are established in 2023, staff will return to City Council to secure construction and moni toring phase fun ding. Staff is investigating grant fun ding for th e construction and monitoring phases.
ALTERNATIVES:
Council could elect not to authorize the City Manager to execute the GLP in which case the City would not be able to accept the final LSA agreement from CDFW which in turn would p rohibit the City from p roceeding into the constr uction phase of the Hollister Avenue Bridge Project. Delays to the Hollister Avenue Bridge project could jeopardize federal funding for the bridge project as well as for the related Ekwill-Fowler Project.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Guaranteed Letter of Payment Template
8 ATTACHMENT 1
Guaranteed Letter of Payment Template
9 TEMPLATE
GUARANTEED LETTER OF PAYMENT
FOR
THE CITY OF GOLETA’S
SAN JOSE CREEK CHANNEL FISH PASSAGE MODIFICATION PROJECT
1. By executing this Guaranteed Letter of Payment (GLP), the undersigned hereby certifies as follows:
2. The City of Goleta has control of its own funds and may make payments and enter into agreements upon the approval of its City Council;
3. I am the City Manager for the City of Goleta and have been duly authorized to execute this GLP on behalf of the City of Goleta as authorized by City Council;
4. This GLP is executed in order to comply with Section 2.12 of the Streambed Alteration Agreement (AGREEMENT) No. SAA 1600-2016-0011-R5 for the City’s Hollister Avenue Bridge Project;
5. The City of Goleta guarantees th at funds will be available in the sum of $TBD to serve as financial security (in accordance with Section 2.12 of AGREEMENT) for performance by the City of Goleta of its mitigation measures under the Agreement (Security);
6. California Department of Fish and Wildlife (CDFW) is deemed the beneficiary of this GLP pursuant to Section 2.12 of AGREEMENT. In the event CDFW determines in its opinion that the City has failed to complete the Construction referenced in Section 2.12 of the Agreement, CDFW shall be entitled to cause the City to promptly transfer the Security described in Section 5 of this GLP to CDFW.
CDFW shall be entitled to cause this transfer by sending notice to Luke Rioux, Finance Director, City of Goleta, 130 Cremona Drive, Suite B, Goleta, CA 93117 .
Such notice shall include instructions for transferring such Security, such as wire instructions or information regarding the payee on any check; and
7. The undersigned is executing this GLP on behalf of the City of Goleta upon the express understanding th at, provided CDFW did not cause the transfer of the Security pursuant to Section 5 of this GLP prior to the earlier of CDFW’s determination that the mitigation requirements of the San Jose Creek Channel Fish Passage Modification Project have been satisfied by the City of Goleta, CDFW shall release the City of Goleta of all requirements of Section 4 of the Agreement.
This GLP shall expire two (2) years from the date of execution by the undersigned.
10 IN WITNESS WHEREOF, I have set my signature as of this xxx day of xxx, 20XX.
CITY OF GOLETA
By: ________________________________
City Manager
11