TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
title
Memorandum of Agreement (MOA) with the United States Army Corps of Engineers (USACE) to expedite and pay for the permits under USACE’s Section 408 program. (Note: Section 214 of the Federal Water Resources Development Act of 2000 authorizes the Secretary of the Army, after public notice, to accept and expend funds contributed by a non-federal public entity to expedite the valuation of a Section 208 permit review request for a public purpose under the jurisdiction of the Department of the Army.)
end
RECOMMENDATION
recommendation
1) Appropriate $201,208 from the General Fund Reserves (Fund 100) and increase project budget N7207, titled Development Impact Fees for a revised project budget of $376,208; 2) schedule a corresponding year-end transfer in the amount of $201,208 from The Preserve Circulation (Streets, Signals, and Bridges) System Development Impact Fees (Fund 260); 3) approve a Memorandum of Agreement (MOA) between the City of Chino and the United States Army Corps of Engineers (USACE) to expedite the permits under USACE’s Section 408 program for City projects that modify, alter, or occupy existing USACE-constructed flood protection projects; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.
body
FISCAL IMPACT
Requires an appropriation of $201,208 from the General Fund reserves, with a corresponding year-end transfer from The Preserve Circulation (Streets, Signals, and Bridges) System Development Impact Fees (Fund 260). There is sufficient 260 Fund Balance for the year end transfer to the General Fund.
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
|
Revenue: |
Expenditure: |
|
Transfer In: 1007010 - 40010-43650 - N7207 |
Transfer Out: |
BACKGROUND
The Prado Flood Control Basin, located in Riverside County near the City of Chino, is vital for flood management and water conservation. It plays a key role in controlling and managing floodwaters from the Santa Ana River and its tributaries, thus protecting nearby communities from flooding. Overseen by the U.S. Army Corps of Engineers (USACE) and operated by the Orange County Flood Control District (OCFCD), the basin is situated at the confluence of the Santa Ana River and the Prado Dam. Its primary purpose is to manage and mitigate flood risks in the region.
The 408 USACE permission process, governed by Section 408 of the Rivers and Harbors Act, is a regulatory framework used by the USACE to review and approve alterations to federally authorized projects and structures. This process ensures that any proposed changes, such as modifications to flood control systems or navigable channels, do not negatively impact the project’s original purpose or compromise its integrity. Applicants must provide detailed plans and assessments to demonstrate that their proposed modifications will not adversely affect the federally authorized project. The USACE reviews these submissions, evaluates potential environmental and engineering impacts, and coordinates with other agencies and stakeholders to ensure comprehensive analysis. Once the review process is complete, the USACE issues a Section 408 permission if the proposed changes meet all necessary criteria and regulatory requirements, ensuring both the protection of federal infrastructure and the alignment with broader environmental and safety standards.
The City is progressing with several key projects under the Section 408 permission process, focusing on substantial infrastructure and drainage improvements. These projects are in the Prado Flood Control Basin, specifically within the 566-foot inundation elevation zone of Prado Dam. The Pine Avenue widening project is in the design phase, focusing on widening Pine Avenue between Euclid Avenue and Johnson Avenue, and enhancing the Euclid/Pine Avenue intersection. Given that parts of this project are situated within the USACE flowage easement area, it necessitates obtaining Section 408 permission from the USACE. Meanwhile, Pine Avenue Stage 3 continues its progress following the 2014 approval of Tract Map No. 18480, which entails a 600-unit residential development and the phased improvement of Pine Avenue. Stages 1 and 2 have been completed, while Stage 3 is fully designed featuring additional lanes and road grade modifications. The City is currently working with the OCFCD and USACE to finalize the 408 permission. Additionally, the Storm Drain Line I project, as detailed in the Master Plan of Drainage for the Cities of Chino and Ontario, is in design. This project will implement a double 10-foot by 8-foot reinforced concrete box drainage structure along Euclid Avenue to effectively manage the 100-year storm event for a substantial drainage area of approximately 1,898 acres.
ISSUES/ANALYSIS
The standard review timelines for these projects involve coordination with several regulatory agencies, including the USACE, which can lead to significant delays in project initiation and completion. The review timeline varies based on the complexity of the project and can range between 10 to 14 months. To address these delays, an expedited review process has been proposed through a Memorandum of Agreement (MOA) between the City of Chino and USACE. This MOA ensures expedited review of priority Section 408 requests and ensures funding is available for USACE staff to continue their review when lapses in federal funding might otherwise halt the process. This can typically save two to four months for review time and up to four additional months if federal funding is not available at the end of the federal fiscal year. The initial payment of $201,208 requested by USACE covers administrative and support services for three projects: Storm Drain Line I, Pine Stage 3, and the widening of Pine Avenue between Euclid Avenue and Johnson Avenue, as well as enhancements to the Euclid/Pine Avenue intersection. The Pine Stage 3 project has been submitted to the USACE for review and the other two projects are anticipated to be submitted during the federal fiscal year (October 1, 2024, through September 30, 2025). After the initial payment, USACE will invoice annually, no later than October 1 each year, for any future submissions. The MOA has been reviewed and approved by the City Attorney, and there will be no impact on the General Fund, as these costs are fully covered by development impact fees.
Looking ahead, the City is preparing to advance the Euclid Avenue Bridge, Storm Drain Line H, and Pomona Rincon Road Rehabilitation projects, all of which will require Section 408 permission. While project timelines are still being finalized, the City is taking proactive steps to ensure the permitting process is completed efficiently. Staff will also allocate funds through the budgeting process to cover all associated costs under this agreement moving into the future.
Therefore, staff recommends that the City Council approve the additional appropriation of $201,208 and the MOA between the City of Chino and the United States Army Corps of Engineers. This agreement aims to expedite the permit process under USACE’s Section 408 program for City projects that modify, alter, or occupy existing USACE-constructed flood protection projects.
Attachments: Exhibit A - Memorandum of Agreement (MOA)
Appendix A, City of Chino Designated Priority Section 408 Requests
Appendix B, USACE Los Angeles District Budget Summary/Cost Proposal