DATE: MAY 7, 2024
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, PE, LS, DIRECTOR
BY: JOSIE LANTACA, ASSISTANT ENGINEER
TITLE: BORONDA ROAD CONGESTION RELIEF PROJECT PHASES 1 AND 2A (CIP 9510) – SPARLING RANCH CREDITS PURCHASE RECOMMENDED MOTION:
A motion authorizing the Interim City Manager to enter into an Agreement with South Bay Conservation Resources, LLC for the purchase of 11.06 Sparling Ranch Conservation Credits in an amount not to exceed $608,300 for the Boronda Road Congestion Relief Project Phases 1 and 2a .
EXECUTIVE SUMMARY:
During the environmental phase of the Boronda Road Congestion Relief Project (Project), the United States Army Corps of Engineers (USACE) consulted with the US Fish and Wildlife Service (Service) for a Biological Opinion (BO) of the Project. The Service has determined that the area of land impacted by the Project is considered a permanent loss of habitat for the California red-legged frog and California tiger salamander. The Service issued a revised BO that contains environmental measures to minimize effects to California red-legged frogs and California tiger salamanders. The revised BO was then submitted to the California Department of Fish and Wildlife (CDFW) for a consistency determination.
The revised BO stated that the City will compensate for the permanent loss of upland California red-legged frog and California tiger salamander habitat by purchasing credits from the Sparling Ranch Conservation Bank (Sparling Ranch). Sparling Ranch is a Service and CDFW approved conservation bank in good standing for its credits for sale as compensation for the loss of habitat for the California red-legged frog and California tiger salamander.
A Sparling Ranch Credit for muti-species costs $55,000 per credit. Due to limited project funding, staff is only recommending the credit purchase for Phases 1 and 2a. The total required credit purchase for Phases 1 and 2a is 11.06 credits which amounts to $608,300.00.
BACKGROUND:
The Boronda Road Congestion Relief Project proposes to widen East Boronda Road into a four-lane roadway (two-lanes at each direction) between Dartmouth Way to Independence Boulevard, and to construct roundabouts at McKinnon Street, El Dorado Drive, Natividad Road, and Independence Boulevard. In May 2017, City Council approved the roundabout concept at the intersections identified above along with Hemingway Drive through Resolution 21169.
The proposed Project includes the following improvements to East Boronda Road from approximately 140 feet east of Dartmouth Way to approximately 1,100 feet east of Independence Boulevard:
Widen East Boronda Road from east of Dartmouth Way to east of Independence Boulevard from two lanes to four lanes; Construct multi‐lane roundabouts at McKinnon Street, El Dorado Drive, Natividad Road, and Independence Boulevard; Relocate existing agricultural ditches along the north side of East Boronda Road north of the improvements; Relocate existing agricultural ditch along the east side of Natividad Road to the east; Construct stormwater treatment facilities and bioretention facilities to mitigate runoff from the improvements; Construct buffered bike lanes;
Construct shared‐use paths at the roundabouts;
Install a flashing beacon system or other approved pedestrian activated beacon at the pedestrian crossings;
Widen the East Boronda Road Bridge over Gabilan Creek to accommodate the road widening and roundabout; Construct bus pullouts, street lighting, sidewalks, ADA-compliant pedestrian curb ramps at all crosswalks; and install storm drain lines, sanitary sewer mainline and extensions, and pavement delineation and street signs; and Install landscaping.
The Project is planned to be built in phases to accommodate funding availability. Phase 1 will build the McKinnon roundabout and associated improvements from east of Dartmouth Way to a point between McKinnon Street and El Dorado Drive. Phase 2 will continue the roadway widening from eastern Phase 1 limit to a point east of Natividad Road. The Phase 2 project is further divided into Phase 2a and Phase 2b. Phase 2a will build the El Dorado roundabout and its associated improvements, and Phase 2b will build the Natividad roundabout and its associated improvements. Phase 3 will continue the remainder of the Project from the eastern Phase 2 limit to a point east of Independence Boulevard, including the construction of the Independence roundabout.
The Phase 1 project is currently being advertised for bidding and will be presented to the City Council for award of contract next month, contingent on a successful bidding process.
During the environmental phase of the Project, the USACE performed a site visit and claimed jurisdiction over a portion of the agricultural ditch located between McKinnon Elementary School and East Boronda Road. The USACE agreed to the City’s submitting an application for a USACE Nationwide Permit (NWP) for Phases 1 and 2 of the Project. Phase 3 will need a separate environmental permit due to its proximity and possible impacts to the Gabilan Creek. During the NWP permitting process, the USACE consulted with the US Fish and Wildlife Service for a Biological Opinion. The Service has determined that the area of land impacted by the widening of East Boronda Road, and the construction of the roundabouts is considered a permanent loss of habitat for the California red-legged frog and California tiger salamander. The Service issued a BO that contains mitigation measures to minimize effects to California red-legged frogs and California tiger salamanders. During the BO’s review, a minor discrepancy was found on the document related to the numbering of the mitigation measures. Therefore, a revised BO was issued. The Service’s revised BO was then submitted to the California Department of Fish and Wildlife for a consistency determination. A consistency determination (Determination) dated September 22, 2023, was issued by the CDFW. The Determination states that the Service’s incidental take statement and accompanying revised BO are consistent with the California Endangered Species Act (CESA).
The revised BO stated that the City will compensate for the permanent loss of upland California red-legged frog and California tiger salamander habitat by purchasing credits from Sparling Ranch Conservation Bank. Sparling Ranch is a Service and CDFW approved conservation bank in good standing for its credits for sale as compensation for the loss of habitat for the California red-legged frog and California tiger salamander.
The City will need to secure compensatory mitigation for each phase of the project in advance of the beginning of each phase. The required credit purchase for each phase is as follows: Phase 1 – 4.72 credits, Phase 2a – 6.34 credits, and Phase 2b – 9.7 credits. The City will then need to submit to the Service and CDFW a copy of the bill of sale(s) and payment receipt prior to each phase of the project.
A Sparling Ranch Credit for muti-species costs $55,000 per credit. Due to limited project funding, staff is recommending credit purchase for only Phases 1 and 2a. Totaling 11.06 credits which amounts to $608,300.00.
CEQA CONSIDERATION:
The environmental impacts of the project have been analyzed in accordance with CEQA guidelines. An Initial Study (IS) was prepared to evaluate the potential impacts associated with the project. Based upon review of the IS, the proposed project will not have a significant effect on the environment because the mitigation measures outlined in the Mitigation Monitoring and Reporting Program (MMRP) have been included in the project.
A Mitigated Negative Declaration (MND) was prepared for this project pursuant to the provisions of CEQA, and on November 3, 2020, the Salinas City Council adopted and approved the MND and MMRP for the project.
In addition, the following Environmental Permits have been received for Phases 1 & 2 of the Project:
Central Coast Regional Water Quality Control Board (Water Board):
Section 401 Permit/Water Quality Certification was issued by the Water Board in October 2021.
US Army Corps of Engineers (USACE):
USACE Nationwide Permit (NWP) for Phases 1 & 2 was received on May 9, 2023.
On April 24, 2023, a reinitiated Biological Opinion was issued by the US Fish and Wildlife Service, through the USACE consultation process. The reinitiated BO contains environmental measures to minimize effects to California red-legged frogs and California tiger salamanders.
A Consistency Determination dated September 22, 2023, was issued by the California Department of Fish and Wildlife. The Determination states that the Service’s incidental take statement and accompanying revised BO are consistent with the California Endangered Species Act (CESA).
STRATEGIC PLAN INITIATIVE:
The project addresses the City Council’s Strategic Goals of Infrastructure and Environmental Sustainability, and Economic Development.
DEPARTMENTAL COORDINATION:
The process of administering this project involves Public Works, Community Development, Finance, and Legal Departments. Public Works Department is the lead on this Project in close coordination with Community Development and Legal Departments in the review of the CEQA Documents. The Finance Department manages the proper disbursement of funds, and will be involved with reporting requirements of certain grants/funds.
In addition, there has been an extensive and iterative coordination effort between West Area Specific Plan, Central Area Specific Plan, and the Boronda Road Congestion Relief Project to ensure consistency with the projects.
FISCAL AND SUSTAINABILITY IMPACT:
Funding sources for the Project include the following:
Measure G (Resolution No. 22507)
$5,500,000
Development Fees - Arterial
$5,818,176
Gas Tax
$1,000,000
Measure X – Transport Safety & Inv Plan
$2,318,918
Regional Surface Transportation Program fund through TAMC (Competitive Grant) $4,000,000
Air District Grant
$400,000
Total
$19,037,094
Expenditures (encumbered & expended through April 23, 2024) ($3,500,598)
Currently Available
$15,536,496
Expenditures include spent and encumbered funds for the project’s environmental, preliminary design, and detailed design phases. The Sparling Ranch credit purchase in the amount of $608,300 will be paid from the Development Fees – Arterial fund.
ATTACHMENTS:
Resolution
Sparling Ranch Purchase Agreement
Revised Biological Opinion from the US Fish and Wildlife Service Project Phasing Layout
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