Title
Adopt a Resolution:
a.Approving Amendment No. 1 to Grant Agreement SAP No. 4600010665 with the California Department of Water Resources to:
1. Update contact persons and addresses; and
2. Update Exhibit C, III, Task 4.1, related to preparation of the environmental review; and
3. Extend the term of the agreement to December 31, 2022 to allow for completion of tasks for the Carmel River Floodplain Restoration and Environmental Enhancement Project, for a revised term beginning June 18, 2014 through December 31, 2022; and
b. Authorizing the Director of the Resource Management Agency to execute Amendment No. 1 to Grant Agreement SAP No. 4600010665 and future amendments to the Agreement where the amendments do not significantly alter the scope of work or change the approved Agreement amount.
(ADDED VIA ADDENDUM)
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a Resolution:
a) Approving Amendment No. 1 to Grant Agreement SAP No. 4600010665 with the California Department of Water Resources to:
1) Update contact persons and addresses; and
2) Update Exhibit C, III, Task 4.1, related to preparation of the environmental review; and
3) Extend the term of the agreement to December 31, 2022 to allow for completion of tasks for the Carmel River Floodplain Restoration and Environmental Enhancement Project, for a revised term beginning June 18, 2014 through December 31, 2022; and
b) Authorizing the Director of the Resource Management Agency to execute Amendment No. 1 to Grant Agreement SAP No. 4600010665 and future amendments to the Agreement where the amendments do not significantly alter the scope of work or change the approved Agreement amount.
SUMMARY/DISCUSSION:
Since 1997, the Big Sur Land Trust (BSLT) has worked with a number of local and state agencies, including County of Monterey and Caltrans, to secure funding for the Carmel River Floodplain Restoration and Environmental Enhancement Project (CRFREE Project). This is a multi-objective project that combines flood projection, habitat management, wildlife corridors, agricultural land protection, storm water retention, and public recreation on a 130-acre site in the lower Carmel River just east of Highway 1.
Part of the CRFREE Project involves the creation and construction of a connection under Highway 1, known as a causeway. Since the work involves construction within the State highway, a cooperative agreement was required between the local government agency and Caltrans. In 2013, the Board of Supervisors approved a resolution (File Number 13-0715) to assume grant contracts, including grant agreement SAP No. 4600010665, from the BSLT and to authorize the RMA Director to enter into agreements for implemention of the CRFREE Project.
In 2014, the County was established as the project sponsor of the causeway component and the CEQA lead agency through a cooperative agreement between Monterey County and Caltrans.
On June 18, 2014 the County entered into Grant Agreement SAP Contract No. 4600010665 with the Department of Water Resources to receive $5,000,000 from the State’s Flood Corridor Grant Program for the Carmel River Floodplain Restoration and Environmental Enhancement Project (CRFREE Project). In November 2017, the County submitted a request to extend the grant agreement (SAP Contract No. 4600010665) due to unanticipated delays in the CEQA/NEPA environmental review process. Amendment 1 to the DWR Grant Agreement extends the termination date of the agreement from June 18, 2018 to December 31, 2022.
Amendment 1 also seeks to update information that has changed sinced the Agreement was executed in 2014. The Amendment updates DWR and County contact people and address information. It also updates the information in Exhibit C, III, Task 4, Subtask 4.1 related to the environmental review of the project.
Since the approval of the grant contract in 2014, the Monterey County Resource Management Agency has been working closely with its project co-sponsor, Big Sur Land Trust, to process the project. At this point in time, 60% design plans have been completed, subject to environmental review. Staff have been working closely with Caltrans and USFWS to complete the required CEQA/NEPA review. During preparation of environmental review, the Carmel Area Wastewater District (CAWD) raised concerns related to the project’s potential impact on a downstream wastewater transmission facility (two pipelines) owned by the Carmel Area Wastewater District (CAWD). The County has been working with its consultant team, BSLT and CAWD to address this issue, which resulted in additional analysis and delay in completion of the environmental review. Staff currently anticipates release of the Draft Environmental Impact Report for public review in late summer 2018.
OTHER AGENCY INVOLVEMENT:
The Office of County Counsel and the Auditor-Controller’s Office have reviewed and approved Amendment No. 1 as to form and legality.
Monterey County Resource Management Agency (RMA) is coordinating with its project co-sponsor, Big Sur Land Trust (BSLT), as well as US Fish and Wildlife Service (USFWS), Caltrans, State Parks, CAWD, and other project partners and regulatory agencies to advance the project.
FINANCING:
A total of $521,605.38 of the grant amount of $5 million has been spent to date and submitted for reimbursement by the California Department of Water Resources SAP Contract No. 4600010665. The remaining agreement amount of $4,478,395 will continue to be available to the County for the CRFREE Project upon execution of Amendment 1. The recommended budget for FY2018-2019 for the CRFREE Project in Capital Projects - Fund 404 is $523,723, which is inclusive of $170,708 anticipated expenditures to be reimbursed by this grant agreement in FY19.
RMA submitted an augmentation request for the CRFREE Project funding in the amount of $80,000 for design review and permitting cost associated with the project. The augmentation was not included as part of the recommended budget. RMA is working with BSLT, project co-sponsor, to identify and apply for possible grant funds that could be used to pay for the design review and permitting costs.
BOARD STRATEGIC INITIATIVES
Amendment No. 1 to Grant Agreement SAP No. 4600010665 with the California Department of Water Resources to extend the the term of the agreement supports the Board’s strategic initiative to provide for sustainable physical infrastructure by facilitating the processing of the CRFREE Project with its associated flood and habitat benefits, if the project is approved. Additionally, this action represents effective and timely response to Resource Management Agency customers.
__ Economic Development
X Administration
__ Health & Human Services
X Infrastructure
X Public Safety
Prepared by: Kate Battiato, MA III (831) 759-6560
Reviewed by: Melanie Beretti, Special Programs Manager
Approved by: Carl P. Holm, AICP, Director Resource Management Agency
Attachments:
Attachment 1 - Amendment 1 to Grant Agreement 4600010665
Attachment 2 - Grant Agreement 4600010665
Attachment 3 - Resolution
(Attachments on file with the Clerk of the Board)
CC: Sarah Hardgrave/BSLT, Barbara Buikema/CAWD, CRFREE Public Distribution List; CRFREE Regulatory Agencies Distribution List