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ADOPT RESOLUTION TO APPROVE A UTILITY EASEMENT GRANT AND AN AMENDED MEMORANDUM OF UNDERSTANDING WITH THE SAN JOAQUIN AREA FLOOD CONTROL AGENCY FOR THE SMITH CANAL GATE PROJECT
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Grant utility easements to the San Joaquin Area Flood Control Agency, Pacific Gas and Electric Company, and AT&T for the construction and maintenance of the Smith Canal Gate project.
2. Amend the existing Memorandum of Understanding with the San Joaquin Area Flood Control Agency to incorporate additional utility easements and update conditions related to the closure of City facilities.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
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Summary
The San Joaquin Area Flood Control Agency (SJAFCA) is a Joint Powers Authority comprised of the cities of Stockton, Lathrop, and Manteca, San Joaquin County, and the San Joaquin County Flood Control and Water Conservation District. The SJAFCA is currently in the second season of constructing an operable gate structure near the mouth of Smith Canal at the San Joaquin River to provide added flood protection to the Smith Canal area. The project will remove approximately 5,000 properties from the Federal Emergency Management Agency (FEMA) 100-year floodplain. The project also includes significant improvements to the Dad’s Point open space area partially owned by the City of Stockton.
On August 11, 2020, the City granted the SJAFCA permanent easement rights for the project and authorized the execution of a Memorandum of Understanding (MOU) to formalize general conditions, grant easements, and allow temporary closure of the City’s Louis Park boat launch and related parking area.
The SJAFCA is now requesting additional easements needed to facilitate utility connections for their project. In addition, full closure of the Louis Park boat launch and adjacent parking area is being requested. Staff reviewed construction operations and found that safe passage for citizens using the Louis Park boat launch and surrounding parking area is not possible during construction. Therefore, Louis Park boat launch customers will be redirected to the Morelli Park boat launch located at 1025 W. Weber Avenue during construction. The Louis Park boat launch is free to use while the Morelli Park boat launch requires a fee. The Morelli Park boat launch will suspend fees during the time in which Louis Park boat launch customers are redirected, which is estimated to last approximately two years. The SJAFCA has agreed to compensate the City for lost revenues and other expenses associated with the temporary closure.
Staff recommends that Council approve a resolution to grant the utility easements, approve the terms relative to the closure of the Louis Park boat launch, and amend the MOU accordingly.
Project construction activities on the Dad’s Point open space area, Louis Park boat launch, and parking lot area is scheduled to start May 2021, with an expected completion of November 2022.
DISCUSSION
Background
In 2005, as part of its Flood Map Modernization Program, FEMA began requiring levee owners or maintaining agencies to verify their levees could meet federal certification requirements. The Smith Canal levee is maintained by Reclamation District 1614 (north bank levee) and Reclamation District 828 (south bank levee). Both reclamation districts confirmed that levees along Smith Canal did not meet FEMA certification requirements due to encroachments, erosion, vegetation, and other factors. Consequently, FEMA included approximately 5,000 properties, comprised of approximately 15,000 residents near the Smith Canal in the 100-year floodplain as shown in the October 16, 2009, Flood Insurance Rate Maps (FIRMs) (Attachment A). The owners of these properties are required to purchase flood insurance. FEMA anticipates about 3,000 more parcels in the Smith Canal vicinity would be included with future FIRMs updates if there are not infrastructure improvements in the area.
The SJAFCA is a Joint Powers Authority comprised of the cities of Stockton, Lathrop, and Manteca, San Joaquin County, and the San Joaquin County Flood Control and Water Conservation District. In 2009, the SJAFCA took the lead in evaluating options to restore FEMA accreditation of the Smith Canal area levees which would remove the above-mentioned properties from the FIRMs. The SJAFCA submitted a proposal to FEMA to construct a gate structure near the mouth of Smith Canal at the San Joaquin River to provide added flood protection to the Smith Canal area. The project also includes significant improvements to the Dad’s Point open space area. In 2011, FEMA agreed that the proposed gate structure would provide at least 100-year flood risk protection and effectively remove the properties from the FIRMs. This determination was reconfirmed on January 23, 2018.
On November 19, 2015, the SJAFCA Board of Directors certified an Environmental Impact Report (EIR) for the project. Pursuant to California Environmental Quality Act (CEQA) Guidelines §15096, the Council’s consideration of the SJAFCA easement request must also include consideration of the environmental effects of the project as shown in the EIR. However, the easement itself results in no environmental effect. Rather, it will enable, in part, SJAFCA to carry out the project, including the mitigation of environmental impacts identified in the EIR.
The SJAFCA’s Smith Canal Gate project estimated cost of $70,594,734 is funded through a combination of State grants and local assessments. The SJAFCA’s Smith Canal Gate project improvements generally include (Attachment B):
• A 50-foot wide operable gate structure at Smith Canal and the San Joaquin River.
• Cellular sheet pile wall along Smith Canal extending from the north tip of Dad’s Point to the San Joaquin River’s bank along Stockton Golf and Country Club.
• Continuous floodwall and seismic stability walls along Dad’s Point.
• Improving Dad’s Point with a new access road, park tables and benches, fishing/wildlife viewing platforms, multi-use interpretive trail, and other recreational amenities.
The gate structure is designed to be closed only as needed during high flow and tide events and is otherwise to remain open for recreation, navigation, and tidal movement in Smith Canal.
In 1979, the City and the State Department of Parks and Recreation (SDPR) entered into a Land and Water Conservation Funds (LWCF) agreement to improve the Dad’s Point area. Approximately one-third of Dad’s Point is owned by the City with the remainder owned by the U.S. Army Corps of Engineers (Corps). The City’s portion of Dad’s Point was set aside as conservation land for the SDPR in accordance with the LWCF agreement. The Corps authorized improvements made within their jurisdiction through a renewable 20-year lease agreement which is set to expire in 2023.
The SJAFCA’s Smith Canal Gate project will reconstruct the public outdoor recreational use areas of Dad’s Point. SDPR, in consultation with the National Park Service, reviewed the proposed improvements to Dad’s Point (Attachment C) and found the improvements acceptable per the LWCF agreement of 1979. In August 2019, the City provided the SJAFCA with a right-of-entry for the Smith Canal Gate project. This allowed the SJAFCA to proceed with advertising the project while all easements and agreements required from the City were completed.
The SJAFCA advertised the Smith Canal Gate project on January 13, 2020, and awarded a Construction Contract to Shimmick Construction Company, Inc. on April 30, 2020.
On August 11, 2020, by Resolution No. 2020-08-11-1110, Council authorized the granting of the permanent easement rights to the SJAFCA for the project improvements, and the execution of the MOU, including the following general conditions for the project.
• Permanent easement areas are generally needed for purposes of flood control.
• Closure of the permanent easement areas is permitted when needed for construction.
• The City will provide a temporary construction easement area near the project.
• The SJAFCA will take over routine operations and maintenance for Dad’s Point.
• The Smith Canal Gate project will comply with the City-State 1979 LWCF agreement.
• The SJAFCA’s project will minimally impact the City’s boat launch and dock facility operations.
Present Situation
The SJAFCA is now requesting approval of two additional items concerning the Smith Canal Gate project. First, the SJAFCA has identified additional easements needed to facilitate utility connections for their project. The easements were not requested before because field details and technical designs were not completed until now. The easements will be conveyed to the SJAFCA, Pacific Gas and Electric Company (PG&E), and AT&T, and will encumber small portions of the access road from Monte Diablo Avenue and Dad’s Point.
Second, the SJAFCA requests a modification to the MOU approved by Council on August 11, 2020, to allow full closure of the Louis Park boat launch and parking lot area at Dad’s Point. Prior to advertising the project, it was believed the boat launch and adjacent parking lot area could remain open during construction. However, after reviewing construction operations with the contractor, it became clear that safe passage for citizens using the Louis Park boat launch and surrounding parking area was not possible during construction.
It is estimated there will be as many as 150 truck trips per day delivering equipment and materials to Dad’s Point. Contractor operations will involve placement of large heavy materials including metal pile sheeting measuring 50 to 85 feet. The mix of heavy construction equipment, placement of large construction materials, and simultaneous construction activities in a relatively small area prohibits the public from using the boat launch and adjacent parking area. Staff recommends closure of the Louis Park boat launch and adjacent parking areas during construction. The Smith Canal Gate project is presently in construction and will be completed by November 2022.
During construction, Louis Park boat launch customers will be redirected to the Morelli Park boat launch located at 1025 W. Weber Avenue. The Louis Park boat launch is free to the public. However, Morelli Park boat launch is available to the public for a fee. The SJAFCA has agreed to the following terms as part of relocating Louis Park boat launch customers to the Morelli Park boat launch:
• Morelli Park boat launch fees to be suspended for two years (excluding special events), during construction of the Smith Canal Gate.
• The SJAFCA will reimburse the City $35,000 annually for suspended ramp fee revenues and costs for additional operations, maintenance, security, and other services at the Morelli Park boat launch.
• Reimbursement term is estimated to last two years or upon project completion.
Staff recommends approval of the MOU amendment incorporating all updated terms and conditions relative to additional easements and closure of the Dad’s Point open space area, Louis Park boat launch, and parking lot area.
FINANCIAL SUMMARY
The granting of the easements to the SJAFCA and PG&E will not impact the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
The SJAFCA will reimburse the City $35,000 annually, which will offset the suspended fees and additional operational expenses at the Morelli Park boat launch during the construction of the Smith Canal Gate project. Funds will be placed in the Downtown Marina Fund No. 6050-417-447002-640-000-60-00-000-000.
Upon completion of the project, the SJAFCA will take over routine operations and maintenance for Dad’s Point. It is anticipated that the SJAFCA’s assumption of maintaining the Dad’s Point open space will save the City approximately $12,000 per year from the Public Works’ park maintenance contract.
Attachment A - FEMA Smith Canal Properties
Attachment B - Smith Canal Gate Project Improvements
Attachment C - Dad's Point Improvements