To: Board of Directors, Sonoma County Water Agency, Occidental County Sanitation District, Russian River County Sanitation District, Sonoma Valley County Sanitation District, and South Park County Sanitation District
Department or Agency Name(s): Sonoma County Water Agency, Occidental County Sanitation District, Russian River County Sanitation District, Sonoma Valley County Sanitation District, and South Park County Sanitation District
Staff Name and Phone Number: Jennifer Willits 547-1921, James Griggs 547-1924
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Sonoma Valley County Sanitation District Sewer Trunk Main Replacement Project Phase 5A - Acquisition of Property Rights and As-Needed Right-of-Way Consulting Services
End
Recommended Action:
Recommended action
A) Authorize Sonoma County Water Agency’s General Manager acting on behalf of Sonoma Valley County Sanitation District to negotiate and execute agreements to acquire property rights needed to construct the Sonoma Valley County Sanitation District’s Sewer Trunk Main Replacement Project Phase 5A, estimated at no more than $150,000, in a form approved by County Counsel, and to execute such other documents and take other actions as necessary to complete the transactions. (First District)
B) Authorize Sonoma County Water Agency’s General Manager acting on behalf of Sonoma Valley County Sanitation District to offer owners up to $5,000 for an independent appraisal pursuant to California Code of Civil Procedure section 1263.025. (First District)
C) Authorize Sonoma County Water Agency’s General Manager acting on behalf of Sonoma County Water Agency, Occidental County Sanitation District, Russian River County Sanitation District, Sonoma Valley County Sanitation District, and South Park County Sanitation District to execute the First Amended and Restated Agreement for As-Needed Right-of-Way Consulting Services with Bender Rosenthal, Inc., in a form approved by County Counsel. The amended agreement increases the amount by $150,000 and extends the agreement term by one year for a new not-to-exceed agreement total of $200,000 and end date of September 30, 2025.
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Executive Summary:
In order to comply with San Francisco Bay Regional Water Quality Control Board’s determination, Sonoma Valley County Sanitation District (District) is implementing the Collection System Replacement Project. A portion of this project is District’s Sewer Trunk Main Replacement Project, of which Phase 5A is a component. This item requests authority for District to carry out the necessary property acquisition actions to construct Phase 5A of the Sewer Trunk Main Replacement Project. Additionally, District requires right-of-way assistance for the Sewer Trunk Main Replacement Project and future similar projects for Sonoma County Water Agency (Sonoma Water) and its affiliated sanitation districts, and seeks to amend an existing as-needed consulting agreement with Bender Rosenthal, Inc. (Consultant).
Discussion:
HISTORY OF ITEM/BACKGROUND
District began operation in 1953, when much of the current wastewater collection system was installed. District’s wastewater collection system includes approximately 188 miles of gravity flow sewer pipelines.
During a 1995 restructuring of Sonoma County government, Sonoma Water assumed responsibility for managing the Sonoma County sanitation zones and districts, which provide wastewater treatment, reclamation, and disposal for approximately 22,000 residences and businesses. Each sanitation zone and district operates under a unique, individual permit from the California Regional Water Quality Control Board (San Francisco and North Coast regions) that sets the requirements for operation. District operates under a National Pollutant Discharge Elimination System (NPDES) permit from the San Francisco Bay Regional Water Quality Control Board (Regional Board). District serves the City of Sonoma and the unincorporated areas of Agua Caliente, Boyes Hot Springs, Eldridge, El Verano, Fetters Hot Springs, Glen Ellen, Schellville, Temelec, and Vineburg.
In April 1999, the Regional Board issued a Notice of Violation to District in response to wet-weather overflows from the collection system. Accordingly, District began the Collection System Replacement Project, which included replacement of selected pipelines and sewer trunk mains throughout the system, of which District’s Sewer Trunk Main Replacement Project (Project) is a component.
NPDES Compliance
The sewer trunk main is approximately 10 miles in length, stretching from District’s wastewater treatment plant on 8th Street East, south of the City of Sonoma in unincorporated Sonoma County, routing through the City of Sonoma, and extending northerly to the unincorporated area of Glen Ellen. Since 2003, District has replaced 5.6 miles of sewer trunk main and 133 manholes in order to increase capacity to accommodate peak wet-weather flows, reduce storm water inflow and infiltration, and reduce overflows.
Despite District’s ongoing efforts to upgrade its collection systems, including the sewer trunk mains, the terms of the NPDES permit were not met due to the occurrence of 52 sanitary sewer overflows between August 1, 2010, and January 31, 2015.
As a result of non-compliance to the NPDES permit, the Regional Board issued Cease and Desist Order Number R2-2015-0032 (Cease and Desist Order) to District on June 10, 2015. The first portion, which includes Phases 4A through 4C, of the Cease and Desist Order required District to replace 7,108 linear feet of 21-inch reinforced concrete trunk main with 27-inch diameter trunk main, replace 31 manholes, and address structural deficiencies and capacity restrictions. The terms of the first portion of the Cease and Desist Order have been met by District. The second portion, which includes Phases 5A and 5B, of the Cease and Desist Order requires District to replace 8,245 linear feet of existing 21-inch and 18-inch reinforced concrete trunk main with 24-inch diameter trunk main, replace 35 manholes, and address the structural deficiencies and capacity restrictions in certain sections of the trunk main. To date, District has completed a preliminary design report, a geotechnical report, a Phase 1 and Phase 2 Environmental Site Assessment, and has satisfied CEQA requirements. Final design is in progress, and District expects to complete the required work in advance of the October 31, 2029, deadline.
Phase 5A of the Project
Phase 5A of the Project is located within unincorporated Boyes Hot Springs area of Sonoma County, in the southern portion of Sonoma Valley. Phase 5A of the Project is within District’s service area boundary, west of State Route 12 (Highway 12). Phase 5A of the Project is, or will be, located within public streets in the unincorporated public right-of-way and new and existing District easements within private properties.
California Environmental Quality Act (CEQA) Compliance
District approved the Collection System Replacement Project in 1999. District then filed a Notice of Exemption (NOE) with the Sonoma County Clerk on June 9, 1999, for the Collection System Replacement Project, determining the project is exempt from CEQA pursuant to categorical exemption: Section 15302(c) Replacement or Reconstruction, because the project would replace or reconstruct the existing sewer trunk main and would be located on the same site and will have substantially the same purpose and capacity as the structure replaced. No significant vegetation will be removed and all paved surfaces will be restored. The NOE was posted for the required statutory period.
In 2022, the exceptions set forth in Section 15300.2 <http://ceres.ca.gov/ceqa/guidelines/art19.html> were each evaluated and the Project remains exempt pursuant to categorical exemption: Section 15302(c) Replacement or Reconstruction. This is a typical sewer replacement and there are no unusual circumstances. The Project would not impact a scenic or historical resource or degrade the quality of the environment and would not result in any significant or cumulative adverse effect upon the environment.
Acquisition of Property Rights Required for Phase 5A of the Project
The existing trunk main that has been in service since 1959 traverses multiple private properties in an existing easement. To construct the sewer trunk main replacement as part of Phase 5A of the Project, District must obtain additional property rights to facilitate access, construction, operation, and maintenance of the Project on and through those same privately owned properties. These rights include permanent sewer easements and temporary construction easements for the construction period for Phase 5A of the Project.
Based on experience with previous phases of the Project, some property owners may wish to alter the provisions of District’s standard easement agreement and temporary construction easement agreement. Although such revisions do not result in a material or substantial increase in risk to District, or in the cost to carry out Phase 5A of the Project, the time necessary to bring each revised easement agreement back to the Board of Directors (Board) for separate approval would make it difficult to secure executed right-of-way agreements in time to start the scheduled construction of Phase 5A in 2024.
District is requesting that the Board delegate authority to Sonoma Water’s General Manager on behalf of District to negotiate and execute agreements to acquire the necessary property rights, at a price no greater than necessary to provide just compensation to the property owner for the property interest, in a form approved by County Counsel, and to execute any other documents and take other actions as are necessary to close the transactions.
District requires property rights from nine property owners. Based on easement acquisitions from previous phases of the Project, District estimates a cost of no more than $150,000 to obtain property rights for Phase 5A.
Pursuant to California Code of Civil Procedure section 1263.025, when seeking to acquire the needed property rights, District is required to offer to reimburse each property owner the reasonable cost, up to $5,000, for an independent appraisal of the property rights needed by District. This item requests the Board delegate to Sonoma Water’s General Manager on behalf of District the authority to make this offer to property owners as required by the Civil Code. The total cost for the independent appraisals is estimated at $45,000 if each property owner were to request this offer.
Amended Agreement for As-Needed Right of Way Consulting Services for Acquisition Assistance
Sonoma Water and its affiliated sanitation districts first entered into the Agreement for As-Needed Right-of-Way Consulting Services (Original Agreement) with Consultant on August 31, 2022, in the amount of $50,000 to assist Sonoma Water’s Right-of-Way section with a backlog of work after retirements of key personnel. $23,000 of the initial $50,000 will be used for assistance with Phase 5A offers. The First Amended and Restated Agreement for As-Needed Right-of-Way Consulting Services (First Amended and Restated Agreement) adds $150,000 for a new not-to-exceed total of $200,000, and extends the term by one year to September 30, 2025.
In order to acquire property rights for Phase 5A in time for construction in 2024, District requires right-of-way services from Consultant to supplement staff efforts. Under the Original Agreement, Consultant is preparing offers to property owners for Phase 5A easements. An estimated $21,000 of the added funding for this First Amended and Restated Agreement will be used to assist Sonoma Water staff in negotiating and finalizing agreements for rights-of-way needed to construct Phase 5A. Remaining funds may be used over the next two years to provide additional assistance with a variety of work, including proper management tasks, and acquisition for other upcoming capital projects.
Consultant was selected from a list of qualified consultants developed from a competitive selection process. Attached is a memo that explains the competitive selection process. Consultant was selected for the subject work because of its broad experience, range of services, and responsiveness to District needs.
Amending this agreement is necessary so that funds and time can be added to complete the work on the Project timeline, as well as for other upcoming work with Sonoma Water, District, and other county sanitation districts.
The amended agreement includes authorization for the General Manager to make changes to lengthen time schedules or make minor modifications to the scope of work, which do not increase the amount paid under the agreement, in a form approved by County Counsel.
The amended agreement includes two options for Sonoma Water to extend the term for a period of one year each by providing written notice to Consultant thirty days in advance of the expiration date of the amended agreement and of the first extension option. The extension will be formalized in an amended agreement or amendment signed by Sonoma Water and Consultant.
Strategic Plan:
N/A
Sonoma Water Strategic Plan Alignment
Wastewater Treatment and Water Reuse, Goal 1: Improve operational reliability of wastewater treatment and water reuse systems.
Replacing deteriorating and undersized pipelines will increase the capacity and reliability of the collection system, and reduce future sanitary sewer overflows.
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
2/8/2022: Awarded the contract with Terracon Constructors, Inc., for $2,923,098 for construction of Sonoma Valley County Sanitation District Sewer Trunk Main Replacement Phase 4C (Agua Caliente Creek Crossing to Happy Lane) and authorized Chair to execute the contract.
5/11/2021: Authorized General Manager to execute Agreements for Purchase and Sale of Property Rights for the negotiated settlement amount with property owners for the Sonoma Valley County Sanitation District Sewer Trunk Main Replacement Project Phase 4C in substantially the form provided to the Board; Authorized the Sonoma County Auditor-Controller-Treasurer-Tax Collector to issue and honor warrants for payment of negotiated settlement values in the amounts set forth under the agreements; Authorized General Manager to execute Agreement for Immediate Possession and Use.
12/15/2020: Authorized General Manager to execute Agreements for Purchase and Sale of Property Rights and to accept easements and license agreements with property owners for the Sonoma Valley County Sanitation District Sewer Trunk Main Replacement Project Phase 4C (Phase 4C Project); Adopted Resolutions authorizing acquisition of real property rights as required for the Phase 4C Project. Authorized and directed County Counsel and the General Manager to take all necessary steps to obtain said real property rights in connection with the construction, maintenance, and continued operation of the Phase 4C Project, including such steps which may be required to acquire the real property interests necessary for the Phase 4C Project through the exercise of eminent domain; Authorized Auditor and Treasurer to issue and honor warrants for payment of acquisition prices under the agreements, in amounts no greater than the just compensation amounts set forth in the agenda item.
4/16/2019: Authorized Sonoma County Water Agency’s General Manager acting on behalf of Sonoma Valley County Sanitation District to execute an agreement with Woodard and Curran, Inc. for engineering design services for Trunk Main Replacement Phase 4C and Phase 5, through December 31, 2022, in the not-to-exceed amount of $524,315.
Fiscal Summary
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Expenditures |
FY 23-24 Adopted |
FY24-25 Projected |
FY 25-26 Projected |
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Budgeted Expenses |
$345,000 |
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Additional Appropriation Requested |
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Total Expenditures |
$345,000 |
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Funding Sources |
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General Fund/WA GF |
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State/Federal |
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|
|
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Fees/Other |
$345,000 |
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Use of Fund Balance |
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Contingencies |
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Total Sources |
$345,000 |
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Narrative Explanation of Fiscal Impacts:
Budgeted amount of $195,000 is available from FY 2023/2024 appropriations for the Sonoma Valley County Sanitation District Expansion fund to acquire property rights related to Phase 5A. No additional appropriation is required.
Budgeted amount of $150,000 is available for the First Amended and Restated Agreement for As-Needed Right-of-Way Consulting Services from FY 2023/2024 appropriations for the Water Transmission Agency Fund, Flood Control Zones, Occidental, Russian River, South Park, and Sonoma Valley County Sanitation Districts’ Operations Funds, and Airport/Larkfield/Wikiup, Geyserville, Penngrove, and Sea Ranch Sanitation Zones’ Operations Funds. The actual expenditures will vary per fund. The revenue sources are Water Transmission water rates, Flood Control Zone property taxes, and Sanitation Districts and Zones rate-payer annual sewer service charges. Funding of the as-needed agreement will be provided under budget appropriations for the respective projects that require right-of-way services. 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: Consultant Selection Memo
Related Items “On File” with the Clerk of the Board:
None