City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01903 11/15/2022 Consent Item 16.
California Environmental Quality Act Exemption for the State of California Natural Resources Agency Department of Water Resources: Flood Maintenance Assistance Program File ID: 2022-01903
Location: Citywide
Recommendation: Adopt a Resolution exempting the routine maintenance of levees and ditches by the City of Sacramento, Department of Utilities from the California Environmental Quality Act (CEQA) as set forth in California Code of Regulations, section 15301(b).
Contact: William O. Busath, Director, (916) 808-1434, [email protected], Chuong (Ryan) Pham, Business Services Manager, (916) 808-8995, [email protected], Dean Fujimoto, Program Manager, (916) 808-6645, [email protected], Tyler Stratton, Program Specialist, (916) 808-1284, [email protected], Department of Utilities Presenter: None
Attachments:
1-Description/Analysis
2-Resolution
Description/Analysis
Issue Detail: On May 31, 2022, the Sacramento City Council adopted Resolution No. 2022-0155 approving the grant funding agreement between the State of California Natural Resources Agency Department of Water Resources (DWR) and the City of Sacramento for the Flood Maintenance Assistance Program (FMAP). DWR is now requiring an additional resolution exempting the routine maintenance of levees and ditches by the City of Sacramento, Department of Utilities from the California Environmental Quality Act (CEQA) as set forth in California Code of Regulations, Title 14, Division 6, Chapter 3, (CEQA Guidelines) section 15301(b).
The work included in the FMAP has been reviewed and it is determined the project falls under the categorical exemption to CEQA as set forth in California Code of Regulations, section 15301(b). The routine maintenance and improvements of the levees and ditches provided by the City of Sacramento, Department of Utilities (DOU) involves negligible or no expansion of said improvements’
File ID: 2022-01903 11/15/2022 Consent Item 16.
existing uses and, hence falls within the categorical exemption to CEQA set forth in the California Code of Regulations, section 15301(b). Additionally, that referenced work does not constitute an exception to the exemptions of CEQA and the City Engineer is authorized to prepare and file with the County of Sacramento the appropriate Notice of Exemption on behalf of the City of Sacramento.
The DWR FMAP is an annual program that provides State funds for eligible maintenance activities to Local Maintaining Agencies (LMAs) to help maintain an acceptable condition of the State Plan of Flood Control facilities (levees, channel, and structures).
As an LMA, the City of Sacramento, DOU Drainage Collection Section and City Engineers partner with the following agencies and professionals for flood protection efforts in the region: U.S. Army of Engineers, DWR, Sacramento Area Flood Control Agency, Central Valley Flood Protection Board, consultants and external engineers. The ultimate goal of the City of Sacramento and these agencies is to provide a 100-year flood protection to Sacramento.
As an LMA, the City’s DOU Drainage Collection Section is responsible for the maintenance and inspection of 3.66 miles of the Sacramento River Levee System and 19 miles of South Sacramento Streams Group (Morrison Creek) through the use of visual inspections from focal points accessible with current equipment such as vehicles, small boats and even foot access when flows are at a minimum.
The majority of this funding will be used to fund operation and maintenance activities such as erosion repair, bank protection (Corps of Engineers Riprap), vegetation management, rodent abatement, encampment removal, survey inspection platform using an unmanned aerial vehicle, and closed- circuit television inspection. The remaining funds will be used for rehabilitation and assessment of relief wells on the Sacramento River.
Policy Considerations: Council Resolution 2021-0198 requires Council approval to apply for operating grants of more than $249,999.
Economic Impacts: None.
Environmental Considerations:
California Environmental Quality Act (CEQA) : It has been determined that the proposed activity is exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301(b). The project consists of operation, repair, maintenance, permitting, or minor alteration of existing facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use.
Sustainability: The project is consistent with the City's Sustainability Master Plan goal by
File ID: 2022-01903 11/15/2022 Consent Item 16.
enabling DOU to continue to improve flood protection. The proposed project also conforms to the Sacramento County Local Hazard Mitigation Plan (LHMP) goals. These projects help to minimize the City’s vulnerability to the impact of natural hazards, improve public awareness, improve the flood control capabilities of the community, and assure conformance to Federal and State Hazard Mitigation Initiatives.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: The City is susceptible to various types of flood events:
riverine, flash, and localized stormwater flooding; and levee and dam failure flooding. Flooding is the most significant natural hazard that the City faces. This funding will help the City comply with U.S. Army Corps of Engineer levee maintenance requirements.
Financial Considerations: Adoption of the resolution will allow the City to receive an awarded amount of $375,200 in grant funding. Resolution 2022-0155 provides the authority to allocate reimbursable budget to the FY23 DOU Operating Grant Program (G14230100, fund 6211) to support this grant award.
There are no matching fund requirements for this grant.
There are no General Funds allocated or planned for this project.
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO. 2022-
Adopted by the Sacramento City Council
November 15, 2022
California Environmental Quality Act Exemption for the State of California Natural Resources Agency Department of Water Resources: Flood Maintenance Assistance Program
PROGRAM BACKGROUND
A. On May 31, 2022, the Sacramento City Council adopted Resolution No. 2022-0155 approving the grant funding agreement between the State of California Natural Resources Agency Department of Water Resources (DWR) and the City of Sacramento for the Flood Maintenance Assistance Program (FMAP).
B. DWR is now requiring an additional resolution exempting the routine maintenance of levees and ditches by the City of Sacramento, Department of Utilities (DOU) from the California Environmental Quality Act (CEQA) as set forth in California Code of Regulations, Title 14, Division 6, Chapter 3, (CEQA Guidelines) section 15301(b).
C. The work included in the FMAP has been reviewed and it is determined the project falls under the categorical exemption to CEQA as set forth in California Code of Regulations, section 15301(b).
D. The routine maintenance and improvements of the levees and ditches provided by the City of Sacramento, DOU involves negligible or no expansion of said improvements’ existing uses and, hence falls within the categorical exemption to CEQA set forth in the California Code of Regulations, section 15301(b). That said work does not constitute an exception to the exemptions of CEQA.
E. The City Engineer is authorized to prepare and file with the County of Sacramento the appropriate Notice of Exemption on behalf of the City of Sacramento.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL
RESOLVES AS FOLLOWS
Section 1. The work included in the Flood Maintenance Assistance Program (FMAP) has been reviewed and it is determined the Project falls under the categorical exemption to the California Environmental Quality Act (CEQA) as set forth in California Code of Regulations, section 15301(b). The routine maintenance and improvements of the levees and ditches provided by the City of Sacramento, DOU involves negligible or no expansion of said improvements’ existing uses and, hence falls within the RESOLUTION NO. 2022-
categorical exemption to CEQA set forth in the California Code of Regulations, section 15301(b). That said work does not constitute an exception to the exemptions of CEQA. The City Engineer is authorized to prepare and file with the County of Sacramento the appropriate Notice of Exemption on behalf of the City of Sacramento.