TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
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Orange County Flood Control District - Agreement Regarding Fill Dirt and Release, Pine Avenue Stage 3 Project.
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RECOMMENDATION
1) Approve an appropriation to the Transportation Fund 320 in the amount of $108,200, with a corresponding year-end transfer from The Preserve Circulation (Streets, Signals, & Bridges) Development Impact Fee Fund 260 in the same amount; 2) approve Fill Dirt and Release Agreement and a permit with the Orange County Flood Control District for $108,200 for the Pine Avenue Stage 3 Project; and 3) authorize the City Manager to execute all the necessary documents on behalf of the City.
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FISCAL IMPACT
Requires an appropriation of $108,200 to the Transportation Fund 320 with a corresponding year-end transfer from The Preserve Circulation (Streets, Signals, & Bridges) Development Impact Fee Fund 260 in the same amount. There are sufficient reserves in the Fund 260 for this purpose.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning
• Public Service Excellence through Internal and External Partnerships
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Revenue: Click or tap here to enter text. |
Expenditure: 3207100-43650 |
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Transfer In: 3201000-50000 |
Transfer Out: 2601000-40001 |
BACKGROUND
Pine Avenue, located between Euclid and Hellman Avenues, serves as a major arterial road within The Preserve Specific Plan area. Once fully developed, the road will be expanded to a six-lane configuration with a raised, landscaped median. The phased construction of Pine Avenue encompasses several improvements, including roadway widening, intersection modifications, adjustments to street grades, resurfacing with new pavement, updated striping, and the installation or relocation of various utilities.
In 2014, the Planning Commission approved Tentative Tract Map No. 18480 (the Harvest project), a 600-unit residential development located at the northwest corner of Pine and Hellman Avenues. As part of the Conditions of Approval, Chino Preserve Development Corporation, a Lewis Management Corporation (Developer), was required to design and construct phased improvements along Pine Avenue, referred to as Stages 1 through 3. These improvements, which extend from Euclid Avenue to Rincon Meadows Avenue, include widening Pine Avenue to four lanes to enhance capacity, the addition of a southbound turn lane at the Euclid/Pine Avenues intersection to improve left-turn capacity into The Preserve, and the raising of the roadway grade to eliminate the dip between Meadowhouse and Rincon Meadows Avenues. Additionally, Stages 1 through 3 involves drainage improvements and the relocation of utilities.
The developer has successfully completed Stages 1 and 2 of the Pine Avenue improvements, as required by the Conditions of Approval for the Harvest project. However, the completion of Stage 3, which involves widening the roadway to accommodate two eastbound and two westbound lanes and raising the roadway to eliminate the dip between Meadowhouse and Rincon Meadows Avenues, is dependent on the City obtaining all necessary jurisdictional permits, including Section 404 and 408 permits from the Army Corps of Engineers. According to the Harvest Conditions of Approval, the developer is obligated to complete the Stage 3 improvements within one year of the City securing all required permits for the project.
City staff is actively working with its consultant, Ruth Villalobos & Associates, as well as the developer’s consultant team to secure the necessary permits from the various agencies including the Army Corps of Engineers. Based on the current schedule, all required permits are expected to be obtained by July 2025, although technical reviews could potentially extend the timeline.
A portion of the Pine Avenue roadway within the Stage 3 project site lies at an elevation below 566 feet above mean sea level and falls within the Prado Dam Reservoir flood inundation area. To raise the road in accordance with design plans, fill dirt will need to be brought to the site to elevate the roadway above the Reservoir Area. However, this action will reduce the overall capacity of the Prado Dam Reservoir Area to hold water during extreme storm events. To mitigate this impact, the City is required by the Army Corps of Engineers to transfer fill dirt from within the Prado Dam Reservoir Area.
ISSUES/ANALYSIS
The vacant parcels at the southeast corner of Pine and Johnson Avenue (APN # 1057-191-01 and 02), owned by the Orange County Flood Control District (OCFCD), are located within the Prado Dam Reservoir Area. These properties have been identified by City staff as a potential source for the fill dirt needed for the Stage 3 project. Exhibit A shows the two sites within the parcels where the soil will come from. Grading plans indicate that up to 10,820 cubic yards of fill dirt will be required for the project.
To utilize the fill dirt from these properties, the City must enter into an agreement with the OCFCD, which specifies various terms and conditions (see Exhibit B). The City Attorney has reviewed and approved the agreement, as well as the legal counsel for OCFCD. The agreement requires the City to obtain a permit from OCFCD at a cost of $108,200 ($10 per cubic yard of fill dirt), which will be paid using Development Impact Fee funds.
On July 21, 2020, the City and Developer entered into a Subdivision Improvement Agreement, which included the necessary surety to guarantee the completion of the Pine Stage 3 public improvements. This agreement will need to be amended to transfer the relevant rights and obligations to the Developer, as outlined in the agreement with OCFCD, concerning the construction activities related to the transfer of fill dirt material from their property. The proposed amendment will be presented to the City Council for consideration at a future meeting, prior to the scheduled start of construction, which is tentatively scheduled to begin in September 2025.
The proposed agreement with the OCFCD is vital for the successful completion of Stage 3 of the Pine Avenue Improvements. By securing the necessary fill dirt, the City can continue progressing toward the project’s completion, enhancing traffic flow and roadway safety for the growing community in The Preserve.
Therefore, it is staff’s recommendation that the City Council approve the Agreement regarding Fill Dirt and Release with the OCFCD and approve the additional appropriation in the amount of $108,200 with a backfill from The Preserve Circulation (Streets, Signals, & Bridges) Development Impact Fee Fund 260.
Attachments: Exhibit A - Location Map
Exhibit B - Agreement Regarding Dirt Fill and Release