To: Board of Directors, Sonoma County Water Agency
Department or Agency Name(s): Sonoma County Water Agency
Staff Name and Phone Number: Dan Mason (707) 547-1967
Vote Requirement: Majority
Supervisorial District(s): Third
Title:
Title
Approve Geotechnical License Agreements with City of Santa Rosa and 90 E. Street SR, LLC for the Santa Rosa Creek Crossing Project
End
Recommended Action:
Recommended action
Authorize Sonoma County Water Agency’s General Manager to execute geotechnical license agreements for the Santa Rosa Creek Crossing Project in a form presented to the Board of Directors, with modification as needed, if approved by County Counsel, and to execute such other documents and take other actions necessary to complete the transaction. (Third District)
end
Executive Summary:
Sonoma County Water Agency (Sonoma Water) requires access to private and City of Santa Rosa (City) property to perform geotechnical studies for the Santa Rosa Creek Crossing Project (Geotechnical Investigation). The outside parties have requested changes to Sonoma Water’s standard geotechnical license agreement and indemnification language. The requested changes are not within the limits of existing delegated authority.
Discussion:
The Santa Rosa Aqueduct is vulnerable to failure in the event of an earthquake. As part of the Santa Rosa Creek Geotechnical Investigation, Sonoma Water requires temporary access to City and private property for geotechnical boring investigations. These studies support earthquake mitigation efforts along the Santa Rosa Aqueduct, particularly the section where it currently crosses the Santa Rosa Creek in downtown Santa Rosa near the intersection of 2nd Street and E Street. City has requested Sonoma Water use City’s revocable license agreement form for the geotechnical boring on City property. The license agreement requires Sonoma Water to indemnify City for the geotechnical boring investigation. The private property owner, 90 E. Street SR LLC, a California limited liability company, (LLC), has requested modifications to Sonoma Water’s geotechnical license agreement form to limit use of the LLC’s property for only the geotechnical borings, excludes access to neighboring properties, and also requests indemnification for the geotechnical boring investigation on its property.
County Counsel approved the proposed modifications to Sonoma Water’s standard geotechnical license agreement for the LLC and approved use of City’s revocable license agreement form for the geotechnical borings on City property and has advised Sonoma Water to seek approval from its Board of Directors (Board) for changes to the standard indemnification language requested by both outside parties.
California Environmental Quality Act
Sonoma Water’s General Manager has determined that the agreement for the Geotechnical Investigation is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15306: Information Collection, because the site-specific investigation would not result in any change in existing environmental conditions. The geotechnical investigation consists of data collection, research, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource or result in a substantial adverse change to a historical resource. The geotechnical investigation is part of a study that may result in a future project, which has not yet been approved, funded, or adopted. Staff has prepared a Notice of Exemption for the geotechnical investigation in accordance with the CEQA, the State CEQA Guidelines, and Sonoma Water’s Procedures for the Implementation of CEQA.
Sonoma Water staff recommends that the Board authorize Sonoma Water’s General Manager to execute the geotechnical license agreements in a form presented to the Board, with modification as needed if approved by County Counsel, and to execute such other documents and take other actions necessary to complete the transaction.
County of Sonoma Strategic Plan:
N/A
Sonoma Water Strategic Plan Alignment:
Goal: 2. Planning and Infrastructure - Implement comprehensive, integrated, and innovative infrastructure planning to strengthen existing services, minimize life cycle costs, and prepare for the future.
Strategy: 2.4 Develop processes for addressing emergency or urgent infrastructure repairs.
Action Item: 2.1.1 Conduct and update natural hazard vulnerability assessments to reliably meet performance requirements and service goals.
The Santa Rosa Aqueduct and Santa Rosa Creek Crossing Project is an investment in the future because it is intended to continue to provide a safe and reliable source of drinking water by investigating a vulnerable section of the pipeline for earthquake vulnerability.
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
09/17/2024: Resolution 24-0370 Resolution Of The Board Of Directors Of The Sonoma County Water Agency, State of California, to Formally Adopt Sonoma County Water Agency’s 2024 Local Hazard Mitigation Plan Update
Fiscal Summary
|
Expenditures |
FY25-26 Adopted |
FY26-27 Projected |
FY27-28 Projected |
|
Budgeted Expenses |
$500 |
|
|
|
Additional Appropriation Requested |
|
|
|
|
Total Expenditures |
$500 |
|
|
|
Funding Sources |
|
|
|
|
General Fund/WA GF |
|
|
|
|
State/Federal |
|
|
|
|
Fees/Other |
$500 |
|
|
|
Use of Fund Balance |
|
|
|
|
General Fund Contingencies |
|
|
|
|
Total Sources |
$500 |
|
|
Narrative Explanation of Fiscal Impacts:
Budgeted amount of $500 is available from FY 25/26 appropriations for the Santa Rosa Aqueduct Capital fund. The private property owner, 90 E. St. SR LLC, has agreed to a payment of $500 for the geotechnical testing on its property. No additional appropriation is required.
|
Staffing Impacts: |
|
|
|
|
Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
None.
Related Items “On File” with the Clerk of the Board:
City of Santa Rosa Revocable Non-Exclusive License Agreement
90 E. St. SR LLC Geotechnical License Agreement