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City of Sacramento STAFF REPORT C33 A 7 08/17/17 W 27070 S 6 G. Asimakopoulos GENERAL LEASE – PUBLIC AGENCY USE APPLICANT: City of Sacramento PROPOSED LEASE: AREA, LAND TYPE, AND LOCATION: Sovereign land in the Sacramento River, adjacent to Assessor's Parcel Number (APN) 002-0010-023, in Sacramento, Sacramento County. AUTHORIZED USE: Construction, use, and maintenance of a stormwater pump station, force main, and outfall discharge structure, including rock slope protection. LEASE TERM: 20 years, beginning August 17, 2017. CONSIDERATION: Public use and benefit; with the State reserving the right at any time to set a monetary rent if the Commission finds such action to be in the State’s best interests. STAFF ANALYSIS AND RECOMMENDATION: Authority: Public Resources Code sections 6005, 6216, 6301, 6501.1, and 6503; California Code of Regulations, title 2, sections 2000 and 2003. Public Trust and State’s Best Interests Analysis: With the Railyards Specific Plan Update (RSPU), the City of Sacramento (City) intends to strengthen its vision of the Railyards as an extension of its downtown area, resulting in a multitude of changes to the Railyards Specific Plan (RSP) originally approved in 2007. Under the RSPU, the City proposes a Kaiser Permanente Medical Center, a Major League Soccer (MLS) Stadium, and a stormwater outfall structure. Staff has determined that a portion of the stormwater outfall structure would be located on State-owned sovereign land. Therefore, the City has applied for a General Lease – Public Agency Use for the construction, use, and maintenance of -1- STAFF REPORT NO. C33 (CONT’D) a stormwater pump station, force main, and outfall discharge structure, including rock slope protection. The facilities to be constructed would benefit the public by creating a stormwater outfall structure that will safely discharge stormwater flows from the Railyards area into the Sacramento River in compliance with local, state, and federal requirements, and will also help facilitate full development of the Railyards area. Stormwater drainage for the proposed RSPU would be collected, treated, and conveyed within the RSP Area from east to west. The stormwater would discharge into the Sacramento River on the western edge of the RSP Area via the proposed pump station and outfall structure. The proposed pump station would be located under the Interstate 5 viaduct immediately south of Railyards Boulevard, and the runoff from the proposed RSP Area would be collected in 60-inch and 72-inch-diameter storm drain pipes that would discharge to the pump station wet well. The proposed pump station wet well structure would be 105 feet long and 120 feet wide, with the majority of the structure located underground. A mechanical trash rack at the entrance to the wet well would intercept debris that is not captured by upstream controls. Automatic rakes on the trash racks would deposit any debris into containers for removal. The wet well would be located approximately 50 feet from the existing landside toe of the Sacramento River East Levee at a depth of 30 feet below existing grade, and would have a total volume capacity of 100,000 cubic feet. The proposed storm water pump station will have a 100-year peak design discharge capacity of approximately 450 cubic feet per second. The discharge force mains would include seven 36-inch-diameter pipes and one 12-inch-diameter pipe laid in parallel formation over the levee to a concrete encased outfall structure along the riverbank. The pipes would discharge at a headwall that would be located within the existing cross section of the Sacramento River levee. The pipes will be set into the existing levee, to minimize the hydraulic impact to the flow of the river. The top of the headwall and the front of the concrete pad will be matched into the existing slope cross-section of the levee and appropriate sized riprap will be added to the base of the front of the concrete pad to ensure minimal erosion during high flow events and easier access during lower flows of the river. The pipe inverts at the discharge headwall would be located at an elevation of 13.10 feet (NAVD 88), which would typically be above the summer water surface to allow for maintenance, but submerged during higher flows in the winter. -2- STAFF REPORT NO. C33 (CONT’D) The Commission’s responsibility as trustee of the sovereign lands subject to the common law Public Trust Doctrine is to determine if a particular use is consistent with the public need for the lands. That trust also requires the Commission to take action to protect and preserve those lands and to prevent any unauthorized use that deprives the public of access to or use of the land. The proposed project would provide a public benefit by creating a stormwater outfall that would service the majority of the RSPU area currently under development and allow the City to effectively manage its stormwater flows and comply with existing permits and regulations. The increase in impervious surfaces caused by the planned development within the RSP Area will significantly increase the amount of stormwater runoff in the area. A separate and new stormwater outfall is necessary because the existing City of Sacramento Combined Sewer System does not have adequate capacity. Any further additions of flows will increase the likelihood of system overflows and water pollution events. Construction and operation of a new stormwater outfall is consistent with the City infrastructure planning and local, state and federal requirements. The proposed lease includes certain provisions protecting the public use of the proposed lease area by requiring the City to obtain necessary permits for the project, and the City has also adopted a Mitigation and Monitoring Program (MMP) to substantially reduce or eliminate potentially significant impacts resulting from the project. The lease does not alienate the State’s fee simple interest or permanently impair public rights. The lease requires the City to conduct all repair and maintenance work safely and indemnify the Commission in the event of any liability resulting from the proposed action. The lease does not grant the Lessee exclusive rights to the lease premises, and is also limited to a term of 20 years, which allows the Commission flexibility to determine if the Public Trust needs of the area have changed over time. As such, Commission staff believes this use of public land, by a public agency, for a public benefit is consistent with the common law Public Trust Doctrine (Pub. Resources Code, § 6221). Climate Change: Climate change impacts, including sea-level rise, more frequent and intense storm events, and increased flooding and erosion, affect both open coastal areas and inland waterways in California. The lease area is located along the Sacramento River, which is a minimally tidally influenced site vulnerable to flooding at current sea levels; therefore, this area would be at risk of flood exposure given future projection scenarios of sea-level -3- STAFF REPORT NO. C33 (CONT’D) rise. The lease area includes the discharge pipes within the levee, the headwall, the concrete pad, and riprap. The proposed facilities will be within the existing cross section of the levee on State sovereign land. By 2030, California’s coast could see up to 1 foot of sea-level rise (from year 2000 levels), 2 feet by 2050, and possibly more than 5 feet by 2100 (National Research Council 2012). This effect could increase the Sacramento River’s inundation levels within the lease area. Rising sea levels can lead to increased flooding through regular inundation and larger flooding events when combined with tidal events and storm surges. These climate change and sea-level rise impacts can also affect erosion and sedimentation rates through increased wave action and scour, which in turn can lead to decreased shoreline stability and structure. In addition, as stated in Safeguarding California (California Natural Resources Agency 2014), climate change is projected to increase the frequency and severity of natural disasters related to flooding, drought, and storms (especially when coupled with sea-level rise). Climate change could have a number of impacts for the region. The amount and timing of snowmelt runoff will likely change such that runoff pulses are earlier in the season and stronger precipitation events will occur over a shorter period of time. This is because warming temperatures will result in more water falling as rain rather than snow, earlier spring snowmelt, and less snowpack overall. In rivers and tidally influenced waterways, more frequent and powerful storms can result in increased flooding conditions and damage from storm-created debris. In addition, there will be greater amounts of runoff because less water will be trapped at higher altitudes in snowpack. Conversely, climate-change induced droughts could decrease river levels and flow for extended periods of time. Climate change and sea-level rise will further influence coastal and riverine areas by changing erosion and sedimentation rates. In rivers and tidally influenced waterways, flooding and storm flow will likely increase scour, decreasing bank stability and structure. The potential for more frequent and stronger storm events may expose the lease area structures to higher flood risks and cause structures to be damaged or cause greater damage as a result of higher flows. Conversely, prolonged drought conditions could lower water levels exposing previously submerged structures to the elements potentially leading to increased wear and tear on surrounding support structures and -4- STAFF REPORT NO. C33 (CONT’D) thereby increasing hazards, and impact the function and utility of the lease area structures. The bank is currently riprapped, which provides stability and reduces the amount of erosion and scour pressure structures surrounding the Project may experience during future events, but remains at risk of accelerated deterioration from currents and floods.
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