To: Board of Directors, Sonoma County Water Agency
Department or Agency Name(s): Sonoma County Water Agency
Staff Name and Phone Number: David Manning 707-547-1988
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Russian River Biological Assessment and Biological Opinion Analysis and Coordination
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Recommended Action:
Recommended action
Authorize Sonoma County Water Agency’s General Manager to execute the First Amended and Restated Agreement for Russian River Biological Assessment and Biological Opinion Analysis and Coordination with the State of California Department of Fish and Wildlife, in a form approved by County Counsel. The amended agreement increases the amount by $50,000, for a new not-to-exceed agreement total of $100,000 and no change to end date of December 31, 2024.
end
Executive Summary:
The goal of this project is to provide dedicated staff time for assistance and analyses from the State of California, Department of Fish and Wildlife (CDFW) to Sonoma County Water Agency (Sonoma Water) on the identified actions in the Biological Assessment for Water Supply, Flood Control Operations, and Channel Maintenance (BA), and the subsequent Biological Opinion (BiOp) provided by the National Marine Fisheries Service (NMFS), which outlines reasonable and prudent actions and responses to the BA; and responses to Incidental Take Permit (Take Permit) applications from Sonoma Water. This amended agreement adds funds to complete the work started under the original agreement.
Discussion:
HISTORY OF ITEM/BACKGROUND
Actions carried out by Sonoma Water, authorized by the United States Army Corps of Engineers (Corps), are currently in development for a BA for the operation and maintenance of federal facilities, and to conduct activities related to flood control, water diversion and storage, instream flow releases, estuary management, hydroelectric power generation, channel maintenance, and fish hatchery production.
The Corps undertakes flood protection and authorizes stream stabilization activities for Sonoma Water and Mendocino County Russian River Flood Control and Water Conservation Improvement District (MCRRFCD).
The actions proposed by the Corps, Sonoma Water, and MCRRFCD may adversely affect Central California Coast (CCC) steelhead (Oncorhynchus mykiss), CCC Coho salmon (O. kisutch), and California Coastal (CC) Chinook salmon (O. tshawytscha) protected as threatened or endangered under the Endangered Species Act (ESA) and the California Endangered Species Act (CESA) and designated critical habitat. Therefore, any proposed actions outlined in the BA must undergo a formal consultation pursuant to section 7(a)(2) of the ESA resulting in a BiOp or a Take Permit for CESA.
The current BiOp for actions undertaken by the Corps and Sonoma Water in the Russian River Watershed expires in September 2023. The expiration of the BiOp results in the expiration of CDFW’s Consistency Determination for CESA. Based on current scientific information and updates to CDFW’s policy on Consistency Determinations, it is likely that Sonoma Water will have to request a Take Permit in lieu of a Consistency Determination for the BiOp.
In April 2021, Sonoma Water initiated work with Environmental Science Associates, Inc. (Consultant) to work with the Corps, CDFW, NMFS, to prepare a BA for the next BiOp. Consultant has convened monthly meetings and 20 focused sub-group meetings with the resource agencies. A draft BA was submitted to NMFS and CDFW in February 2023 and revisions to the draft are currently being prepared.
CDFW staff are funded through a variety of mechanisms. In the instance of expertise on the Russian River, staff are funded through grants with specific deliverables. To best respond to Sonoma Water’s timelines and needs, it is critical that the correct staff have the time dedicated to participating in technical working groups, document development, and coordination with NMFS for the development of the BiOp.
Sonoma Water and CDFW entered into an agreement for Russian River biological assessment and biological opinion analysis and coordination, dated May 12, 2023, in the amount of $50,000.
SERVICES TO BE PERFORMED
Under the amended agreement, CDFW will continue to coordinate attendance for technical working group meetings; coordinate a thorough and timely review of the BA; assist with the BiOp development as requested; provide fisheries expertise for Take Permit development; coordinate discussions and provide clarification for objectives and measures; convey monitoring findings in the Russian River watershed; and provide data as necessary for the development of the BiOp and Take Permit and during the review of the BA, if appropriate.
Amending this agreement to add funds is necessary so that work is completed to meet the deadlines set forth by the pending expiration of the current BiOp in September 2023. Due to the complexity of the project and new Corps requirements, work to complete the BiOp and Take Permit process will extend beyond September 2023.
The additional cost is $50,000, for a new not-to-exceed agreement total of $100,000. There is no change to end date of December 31, 2024.
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 CDFW 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 CDFW.
Strategic Plan:
N/A
Sonoma Water Strategic Plan Alignment
Water Supply and Transmission System, Goal 1: Protect drinking water supply and promote water-use efficiency.
Environmental Stewardship: Ensure current and future water supply reliability by complying with the Federal and State Endangered Species Acts.
Extending this agreement with CDFW is directly related to the goal of securing water supply reliability by complying with the Federal and State Endangered Species Acts.
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
03/02/2021: Authorized Sonoma County Water Agency’s General Manager to execute an agreement with Environmental Science Associates for biological assessment services from January 1, 2021, through December 31, 2023, in the not-to-exceed amount of $999,360.
04/16/2019: Authorized a Design Agreement with United States Army Corps of Engineers in a cost-share partnership for the development of project designs for habitat enhancement work in Dry Creek to design and construct 2.6 miles of habitat restoration in partnership with the Army Corps.
10/03/2017: Authorized an agreement with Environmental Science Associates to provide technical support services related to the management of the Russian River Estuary in accordance with the Biological Opinion.
09/22/2009: Authorized Determination of Consistency with the California Endangered Species Act for listed coho salmon.
Fiscal Summary
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Expenditures |
FY 23-24 Adopted |
FY24-25 Projected |
FY 25-26 Projected |
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Budgeted Expenses |
$50,000 |
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Additional Appropriation Requested |
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Total Expenditures |
$50,000 |
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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 |
$50,000 |
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Use of Fund Balance |
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Contingencies |
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Total Sources |
$50,000 |
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Narrative Explanation of Fiscal Impacts:
Budgeted amount is available from FY 2023/2024 appropriations for the Watershed Planning and Restoration fund ($16,666); FY 2023/2024 appropriations for the Russian River Projects Fund ($16,667); and the Warm Springs Dam Special Revenue Funds ($16,667). 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:
None
Related Items “On File” with the Clerk of the Board:
None