FROM:
Engineering
SUBJECT:
Title
Approval of Environmental Permit Agreements and Environmental Mitigation Purchase for the Building A Better Connected Inland Empire (RAISE) Project
End
RECOMMENDATION:
Recommendation
1. Authorize the City Manager, or City Manager’s designee, to enter into permit agreements for the Building A Better Connected Inland Empire (RAISE) Project.
2. Authorize the City Manager, or City Manager’s designee, to purchase environmental mitigation credit from the appropriate mitigation banks for the Building A Better Connected Inland Empire (RAISE) Project.
3. Authorize the City Manager, or City Manager’s designee, to enter any future amendments to the agreements for the Building A Better Connected Inland Empire (RAISE) Project.
4. Authorize the City Manager, or City Manager’s designee, to enter into any and all utility agreements and any related items on behalf of the City of Fontana for the Building A Better Connected Inland Empire (RAISE) Project.
End
COUNCIL GOALS:
• To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
• To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
• To invest in the City’s infrastructure (streets, sewers, parks, etc.) by utilizing Measure-I Funds wisely.
DISCUSSION:
On April 14, 2022, the City of Fontana submitted an application for the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant for the Building A Better Connected Inland Empire project (“Project”) at Cherry Avenue and Victoria Avenue within the Westgate Specific Plan area. This project will provide major complete street improvements including additional lane capacity, integrated traffic system, medians with protected left turns, streetlights, signage, roundabout, raised medians, approximately 5 miles of Class II bike trails, approximately 2.5 miles of Class I bike lanes, approximately 5 miles of ADA compliant sidewalks, approximately 0.5 miles multi-use trails, pedestrian crosswalks, and countdown signal heads. The Project limits are Victoria Street between I-15/Cherry Avenue Interchange westbound ramp intersection and Cherry Avenue between SR-210 and Baseline Road.
In December 2022, the Federal Highway Administration (FHWA) notified the City that it had been awarded $15,000,000 in RAISE grant funding for the Project. The Project is currently in the final phases of design, right-of-way acquisition, utility clearance, and permit approvals. Construction is anticipated to begin in late 2026.
To obligate the RAISE grant funding, the City must obtain right-of-way certification from the California Department of Transportation (Caltrans). Achieving right-of-way certification requires confirmation of utility clearances from all utility purveyors and completion of all necessary environmental approvals from regulatory agencies.
The Project requires several permits from environmental regulatory agencies, including a Lake and Streambed Alteration Agreement (Section 1602) and an Incidental Take Permit (ITP) from the California Department of Fish and Wildlife (CDFW), as well as Waste Discharge Requirements (WDR) from the Regional Water Quality Control Board (RWQCB). These permits must be entered into by the City as the Permittee and include mitigation requirements related to streambed alteration and potential impacts to California burrowing owls.
At the time of preparation of this staff report, the City has received a draft Streambed Alteration Agreement from the California Department of Fish and Wildlife and a preliminary quote from Soquel Canyon Mitigation Bank for Riparian Enhancement Credits in the amount of $475,000. Additional permit agreements and mitigation cost estimates are expected in the coming weeks.
Given the Project’s funding schedule and associated deadlines, authorizing the City Manager, or the City Manager’s designee, to enter into the required permit agreements, purchase mitigation credits, and execute all necessary utility agreements will help streamline the permitting process and maintain the Project schedule. If the total mitigation credit purchase amount exceeds $700,000, staff will present the request to the City Council for further review and approval.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is approximately $700,000 and is included in the FY 2025-2026 budget in Westgate at Cherry Avenue and Victoria Street Improvement Project #37600042-245-A-8329 and #37600042-630-A-8329.
MOTION:
Approve staff recommendation.