title
TEMPORARY CONSTRUCTION AND PERMANENT MAINTENANCE EASEMENTS TO WOODBRIDGE IRRIGATION DISTRICT FOR A WATER SUPPLY PIPELINE CONNECTION AT THE DELTA WATER TREATMENT PLANT
recommended action
RECOMMENDATION
It is recommended that the City Council approve a resolution to:
1) Approve temporary construction and permanent maintenance easements to Woodbridge Irrigation District for installation and maintenance of a connecting water supply pipeline for the Delta Water Treatment Plant; and
2) Approve findings in accordance with the California Environmental Quality Act Guidelines Section 15050; and
3) Authorize the City Manager, or his designee, to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
body
Summary
Under a Water Supply Agreement approved by Council in 2008, the City of Stockton (the “City”) purchases water from Woodbridge Irrigation District (the “District”) to supply the Delta Water Treatment Plant (DWTP). A provision for the District to provide an additional 6,500 acre-feet of water to the City for beneficial use was included in the agreement (Attachment A). To supply this additional water more efficiently, the District plans to extend the Pixley Slough Lateral pipeline to connect to the DWTP. The pipeline alignment would cross City property along the DWTP northern boundary. The District seeks to secure temporary construction and permanent maintenance easements from the City to move ahead with the project. The total cost for the permanent easement to be paid by the District will be $1.00. All other project and future maintenance costs of the pipeline and structures will be the responsibility of the District.
DISCUSSION
Background
When the Delta Water Supply Project was developed, staff worked to secure water rights and contracts to supply raw water from the Delta and the Mokelumne River. This allowed for greater flexibility in managing the City’s water supply portfolio as future water demands increase. This water supply portfolio currently consists of water supply from four surface water sources including the Delta, and the Mokelumne, Calaveras and Stanislaus rivers. In addition, water is also supplied by groundwater pumping from the aquifer under the City. The diversified water sources provides the City ongoing stability and protection from drought conditions. The City is well positioned for economic development and development.
The City and District completed an agreement to deliver 6,500 acre-feet of water per year to the Delta Water Treatment Plant. It was approved by the City Council on January 22, 2008 and is currently in full force and effect. A provision for an additional 6,500 acre-feet of water (13,000-acre feet per year total) to be provided to the City was also included in the 2008 Agreement.
To deliver this additional water supply, the District designed a pipeline extension, analyzed potential impacts and filed necessary environmental documentation (Exhibits 1 and 2 to the Resolution - Pixley Lateral Pipeline IS-MND and NOD Filed). To extend the 48-inch Pixley Lateral pipeline along DWTP property beginning at Lower Sacramento Road, west to the current takeout facility at the DWTP, a distance of approximately 2,600 feet (Attachments B and C).
Present Situation
The District seeks to secure temporary and permanent easements from the City to cross the northern end of the DWTP property on North Lower Sacramento Road to construct the new section of the Pixley Lateral pipeline. The pipeline will convey water to the DWTP takeout structure according to engineering design plans approved by the Municipal Utilities Department.
Project construction and future pipeline maintenance will be the responsibility of the District via temporary construction and permanent maintenance easements on approval by City resolution (Exhibits 3 - 7 to the Resolution - Temporary Construction Easement Plat, Temporary Construction Easement Legal Description, Permanent Easement Plat, Permanent Easement Legal Description and Proposed Easement Deed). Once approved and fully executed, the term of the Temporary Construction Easement will end on April 1, 2020, or on project completion, whichever occurs first.
NOTIFICATION
A notice of the proposed easement grant was published in The Record on February 23, 2019.
ENVIRONMENTAL CLEARANCE
The action requested of City Council (i.e., granting of easements) is related to the Pixley Lateral Pipeline Project (“Project”). Possible Project impacts were reviewed in a Mitigated Negative Declaration (MND), which was filed by the District in October 2016 and noticed on November 10, 2016.
Pursuant to the water purchase agreement between the City and District, dated January 22, 2008, the District was the Lead Agency for purposes of compliance with the California Environmental Quality Act (CEQA). The City is a Responsible Agency pursuant to CEQA since the City has discretionary power over the District’s project; it being necessary to obtain approval for easements to access City property.
The current action is a component of the Project studied in the MND since, within the meaning of the California Public Resources Code (PRC) §21065, it constitutes an activity (i.e., granting of lease) that will indirectly result in a physical change in the environment. Therefore, as a Responsible Agency under CEQA, the City Council must adopt findings in accordance with CEQA Guidelines §15050. The findings in support of relying upon the prior MND, which concluded that all potentially significant environmental effects identified therein are mitigated to a less than significant level include:
Findings
1. The District has prepared plans for the installation of a Pixley Slough Lateral pipeline to the DWTP (the “Project”).
2. The District, as the Lead Agency under the CEQA, adopted a MND for the Project on November 10, 2016.
3. The City, as a party to a water purchase agreement with the District, is considering approval of temporary construction and permanent easements to enable implementation of the Project, which approval is in the public interest so the District can provide additional water.
4. The City, as a Responsible Agency under CEQA, must make certain findings prior to making or granting any approval in support of the Project, for example, by approving the easements.
5. Subsequent to adopting the MND, the location of the subject pipeline has been moved from immediately south of an existing access roadway to the DWTP to the immediate north of the subject roadway.
6. The MND has been completed in compliance with CEQA and is adequate for the purpose of the Council’s consideration of the Project.
7. Prior to acting on the easements request, the City reviewed and considered the information contained in the MND.” See CEQA Guidelines Section 15050(b).
8. Mitigation measures have been identified in the MND, which avoid and/or substantially lessen potentially significant environmental effects to a less than significant level.
9. With regard to the change in the Project identified above (i.e., pipeline location), no subsequent environmental review is required since pursuant to CEQA Guidelines Section 15162:
a. The change is not substantial and requires no revision to the MND since the environmental setting is the same on either side of the subject roadway; therefore, no new significant environmental effects or increase in the severity of a previously identified significant environmental effect would result;
b. The circumstances under which the Project is undertaken remain the same;
c. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous MND was adopted, that shows any of the following:
i. The Project will have one or more significant effects not discussed in the MND;
ii. Significant effects previously examined will be substantially more severe than shown in the MND;
iii. Mitigation measures or alternatives previously found not to be feasible would, in fact, be feasible, and would substantially reduce one or more significant effects of the Project, but the Project proponents decline to adopt the mitigation measure or alternative; or
iv. Mitigation measures or alternatives which are considerably different from those analyzed in the MND would substantially reduce one or more significant effects on the environment, but the Project proponents decline to adopt the mitigation measure or alternative.
d. Pursuant to CEQA Guidelines Section 15162(b), the City determines that no further documentation beyond that provided in the MND is required.
10. The Mitigation, Monitoring, and Reporting Program (the “MMRP”) associated with the MND and incorporated herein by reference is adopted.
11. Pursuant to the water purchase agreement between the City and District, implementation of the MMRP is the responsibility of the District and, pursuant to the requirements of CEQA, a requirement of the City’s CEQA determination herein.
12. The City Council hereby directs, upon approval of the easements, the City shall file a Notice of Determination with the County Clerk of San Joaquin County and State Office of Planning and Research pursuant to CEQA Section 21152.
13. Pursuant to CEQA Section 15091(e), the documents and other materials that constitute the record of proceedings upon with the City Council’s decision is based are located in and may be obtained from, the Office of the City Clerk at 425 N. El Dorado Street, 1st Floor, Stockton, CA 95202; the City Clerk is the custodian of records for all matters before the City Council.
FINANCIAL SUMMARY
Proceeds from the permanent maintenance easement will be deposited into account number 421-0000-461. All project construction and future maintenance costs will be the responsibility of the District. There is no financial impact to the City.
Attachment A - 2008 Agreement
Attachment B - Aerial Map
Attachment C - Proposed Easement Map