To: Boards of Directors, Sonoma Valley County Sanitation District and Sonoma County Water Agency
Department or Agency Name(s): Sonoma Valley County Sanitation District and Sonoma County Water Agency
Staff Name and Phone Number: Greg Guensch 707-547-1972 / Dave Cook 707-322-8176
Vote Requirement: Majority
Supervisorial District(s): First
Title:
Title
Sonoma Valley County Sanitation District System Protection Plan at Kohler and Sonoma Creek Crossings Project
End
Recommended Action:
Recommended action
A) Sonoma Valley County Sanitation District (District): Adopt a District resolution determining that the System Protection Plan at Kohler and Sonoma Creek Crossings Project (Project) will not have a significant adverse effect on the environment, adopting the Initial Study and Mitigated Negative Declaration of Environmental Impact for the Project, adopting mitigation measures and the mitigation monitoring reporting program, making certain related findings, and approving the Project.
B) Authorize Sonoma County Water Agency’s (Sonoma Water) General Manager, acting on behalf of the District, to execute agreements to acquire the property rights needed for construction of the Project, estimated at no more than $45,000, in a form approved by County Counsel, and to execute such other documents and take other actions as necessary to complete the transactions.
C) Authorize Sonoma Water’s General Manager to offer owners up to $5,000 for each of five property owners for an independent appraisal pursuant to California Code of Civil Procedure section 1263.025.
D) Authorize Sonoma Water’s General Manager delegated authority to include in the Purchase Agreement, or enter a separate agreement with the owner of the project site, up to $5,000 in compensation for expenses related to the required post-construction irrigation of the vegetation incorporated into the bank stabilization measures, with the ability to amend the agreement for additional compensation of up to $5,000 and/or additional duration of up to 5 years if necessary to achieve plant survival requirements.
(First District)
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Executive Summary:
The Sonoma Valley County Sanitation District (District) is proposing the Sonoma Valley County Sanitation District System Protection Plan at Kohler and Sonoma Creek Crossings Project (Project) to prevent the failure of an existing underground sewer collection pipeline system that serves the Glen Ellen area. The Project would implement biotechnical repairs along Kohler and Sonoma creeks and establish new and expanded easements to provide access for repair and maintenance purposes. Streambank erosion and channel bed incision has exposed pipeline segments, and streambank erosion is migrating towards an existing maintenance hole along Kohler Creek. The Project would stabilize streambanks and channel beds along Kohler and Sonoma creeks using a combination of slope protection, fabric reinforced fill materials, log/rootwad revetments, brush mattress, and native vegetation.
An Initial Study and Mitigated Negative Declaration of Environmental Impact (Initial Study) was prepared to evaluate and disclose the potential environmental impacts of the Project, which determined that all potential impacts would be less than significant with mitigation incorporated.
The District must acquire a combination of permanent, term, and temporary construction easements with affected property owners to complete the work totaling no more than $45,000. The properties included in the project are: Sullivan APN 054-190-024; Viratos APN 054-190-016; Ohazama/Waldman APN 054-190-023, Perry APN 054-190-018, and Torgeson APN 054-350-070.
Discussion:
The unusually wet 2017 and 2019 winters and subsequent high creek flows caused severe bank and channel erosion along sections of Sonoma and Kohler creeks that exposed Sonoma Valley County Sanitation District’s (District) sanitary sewer system infrastructure. Pipelines that cross beneath Kohler and Sonoma creeks and pipelines and maintenance holes that run parallel to Sonoma Creek are at risk of failure. Temporary emergency measures were installed in April 2019 and reinforced in 2022 to slow erosion and protect infrastructure. These emergency repairs were a temporary means to slow the progression of streambank erosion until a permanent repair could be completed. The proposed Project would implement the permanent repair.
The Project site is located primarily on a residential private property at 13965 Arnold Drive, south of the town of Glen Ellen at the confluence of Sonoma and Kohler creeks. The Project would protect existing sewer pipes and a maintenance hole at three locations by stabilizing streambanks and channel beds using a combination of rock slope protection, fabric reinforced fill material, log/rootwad revetments, brush mattress, and native vegetation. In addition, an existing lateral pipeline (siphon) crossing beneath Sonoma Creek will be protected by placing large boulders in the channel bed to cover the pipe and prevent additional scour. Site improvements will also include revegetation with native plants and installation of habitat improvement elements for California freshwater shrimp, steelhead, Chinook salmon, and other aquatic species in Sonoma Creek.
The District must acquire additional property rights for Project construction and maintenance access. Existing permanent easements are generally located along the existing sewer lines. The additional property access consists of a combination of permanent, term, and temporary construction easements from five properties. This item will authorize Sonoma County Water Agency’s (Sonoma Water) General Manager, acting on behalf of the District, to execute permanent and temporary easement agreements needed to construct and maintain the Project. Based on an August 2023 appraisal by Ward Levy Appraisers, the District estimates a total cost of not to exceed $45,000 to obtain the needed temporary construction, term, and permanent maintenance easements.
Pursuant to California Code of Civil Procedure section 1263.025, when seeking to acquire the needed property rights, the District is required to offer to reimburse each of the five property owners the reasonable cost, up to $5,000, for an independent appraisal of the property rights. This item requests the Board delegate authority to Sonoma Water’s General Manager on behalf of District to make this offer.
The Project includes irrigation of native plantings for a minimum of five years. Using the property owner’s tap water will be the most cost-efficient source for irrigation. The total five-year cost for the water and electricity to operate a pump is estimated to not exceed $5,000. This item will authorize Sonoma Water’s General Manager, acting on behalf of the District, to execute a purchase agreement, or enter into a separate agreement, with the property owner to pay up to $5,000 for expenses related to irrigation of the project features for the five-year irrigation period, and the authority to amend this agreement for up to an additional $5,000 for up to five-years, if necessary.
The estimated combined cost for the compensation for easements, independent appraisals, and irrigation from the property owners is a maximum of $80,000 ($45,000 + $25,000 + $5,000 + $5,000 = $80,000).
Project implementation (construction) funding is anticipated to be partially provided from grant sources. The District applied for Hazard Mitigation Grant Program funding for construction of the Project in September 2023. The application requested $1,669,650 in federal funds with $751,814 in local cost share, for a total project cost of $2,421,464. Cal OES intends to submit projects for FEMA approval in April 2024, with federal funds obligation estimated to be in the fourth quarter (fall) of 2024.
Prior to submitting the grant application, the District budgeted $2,004,440 for this project. If the grant is not obtained, the District would need an additional appropriation of $417,024. Authorization for construction funding and any such additional appropriation will be brought to the Board separately. The District has sufficient fund balance available to fund this project.
California Environmental Quality Act
The District, as a lead agency under the California Environmental Quality Act (CEQA), prepared an Initial Study and Mitigated Negative Declaration of Environmental Impact (Initial Study) for the Project pursuant to the requirements of CEQA (California Public Resources Code sections 21000 et seq.), the State CEQA Guidelines (Code of Regulations, Title 14, Division 6, Chapter 3), and Sonoma Water’s Compliance Procedures for CEQA. The Initial Study discloses potential environmental impacts of implementing the Project; identifies the means to avoid or reduce potential significant adverse impacts on the environment; and concludes the construction, operation, and maintenance of the Project would not have a significant adverse effect on the environment. The Project’s mitigation measures will minimize the potential for the Project to adversely affect biological resources, geology and soils, hazards and hazardous materials, hydrology and water quality, noise, and tribal cultural resources.
The Notice of Completion, Notice of Availability and Notice of Intent to Adopt the Initial Study (NOA/NOI) were filed with the California Governor’s Office of Planning and Research’s State Clearinghouse and Sonoma County Clerk’s Office on July 17, 2023. The Initial Study was available for a 30-day public review period from July 18, 2023, to August 16, 2023. The NOA/NOI was distributed for public review to the responsible and trustee agencies and sent to stakeholders, interested persons, and property owners adjacent to the Project area on July 14, 2023. Copies of the Initial Study and NOA/NOI were also available at Sonoma Water’s administrative office and electronic versions were available on Sonoma Water’s website. A legal notice was published in the Press Democrat on July 23, 2023, and the Sonoma Index Tribune on July 26, 2023.
Comments were received during consultation with the Federated Indians of Graton Rancheria. Staff incorporated a revised cultural resources mitigation measure and a revised tribal cultural resources measure into the Initial Study based on the comments. These measures are equivalent or more effective in mitigating significant effects on the environment to a less than significant level, do not cause any potentially significant effect on the environment, and do not require recirculation pursuant to Public Resources Code section 21080(f) and CEQA Guidelines section 15074.1, if the Board holds a public hearing on the approval.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
Attached
Fiscal Summary
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Expenditures |
FY23-24 Adopted |
FY24-25 Projected |
FY25-26 Projected |
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Budgeted Expenses |
$80,000 |
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Additional Appropriation Requested |
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Total Expenditures |
$80,000 |
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Funding Sources |
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General Fund/WA GF |
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State/Federal |
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Fees/Other |
$80,000 |
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Use of Fund Balance |
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General Fund Contingencies |
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Total Sources |
$80,000 |
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Narrative Explanation of Fiscal Impacts:
Budgeted amount of $80,000 is available from FY 2023/2024 appropriations for the Sonoma Valley County Sanitation District Operation Fund. No additional appropriation is required.
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Staffing Impacts: |
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Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
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Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Attachment 1: Resolution with Exhibit A, Mitigation Monitoring and Reporting Program
Attachment 2: Initial Study and Mitigated Negative Declaration
Attachment 3: Prior Board Actions
Attachment 4: PowerPoint Presentation
Related Items “On File” with the Clerk of the Board:
None