Reclamation/Levee District Municipal Service Review Public Comment Log # Commenter/Agency Date Page/Section Comment Response
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PREPARED BY MILANI & ASSOCIATES IN COLLABORATION WITH CRAFT CONSULTING GROUP AND MMS DESIGN SOLANO COUNTY RECLAMATION/LEVEE DISTRICTS MUNICIPAL SERVICE REVIEW FOR Final SOLANO LAFCO 675 TEXAS STREET, SUITE 6700 FAIRFIELD, CA 94533 707-439-3898 February 10, 2020 Solano Reclamation Districts Municipal Service Review February 10, 2020 Final SOLANO COUNTY RECLAMATION DISTRICTS MUNICIPAL SERVICE REVIEW PREPARED BY MILANI & ASSOCIATES IN COLLABORATION WITH CRAFT CONSULTING GROUP AND MMS DESIGN FOR SOLANO LAFCO 675 TEXAS STREET, SUITE 6700 FAIRFIELD, CA 94533 707-439-3898 February 10, 2020 Solano Reclamation Districts Municipal Service Review i February 10, 2020 Final ACKNOWLEDGEMENTS SOLANO LOCAL AGENCY FORMATION COMMISSION Commission Members James Spering, Chair, Solano County Supervisor Nancy Shopay, Vice-Chair, Public Member Harry Price, Mayor of Fairfield Ron Rowlett, Mayor of Vacaville John Vasquez, Solano County Supervisor Ron Kott, Mayor of Rio Vista (Alternate) Shawn Smith, Public Member (Alternate) Skip Thomson, Solano County Supervisor (Alternate) Staff Rich Seithel, Executive Officer Michelle McIntyre, Senior Analyst CONSULTANT TEAM Mike Milani, Milani & Associates, Civil Engineers & Surveyors Gary W. Craft, Craft Consulting Group, Economics & Planning Kevin Stichter, Craft Consulting Group, Economics & Planning Mike McGill, MMS Design, Civil Engineering & Land Planning This Municipal Service Review was produced under the direction of Solano LAFCO staff with assistance from Solano County GIS staff and Solano County Counsel Bernadette Curry. We would also like to thank Arnold Lenk, Board Member, Suisun Resource Conservation District; Terry Connolly, Board of Trustees RD 2129; Steve Chappell, Executive Director, Suisun Resource Conservation District; and John Currey, District Manager, Dixon Resource Conservation District for their advice and insight. Solano Reclamation Districts Municipal Service Review ii February 10, 2020 Final Executive Summary Introduction This Municipal Service Review (MSR) focuses on the provision of flood protection services provided by reclamation and levee maintenance districts located in Solano County. Under the Cortese-Knox-Hertzberg Local Government Reorganization Act (CKH Act), Solano LAFCO is responsible for conducting a comprehensive periodic review of the capacity and adequacy of the services offered by local agencies under its jurisdiction. The districts being reviewed include twenty-three (23) reclamation districts and one levee maintenance district.1 These special districts were last evaluated as part of a multi-district MSR in 2009.2 It has been determined by Solano LAFCO that preparation of an MSR is exempt from the California Environmental Quality Act (CEQA) under a Class 6 categorical exemption. This MSR addresses the CKH Act required determinations and is divided into seven sections: 1. Introduction (LAFCO’s role & responsibilities regarding MSRs); 2. Reclamation District Overview (principal acts, governance, & regulatory setting); 3. Reclamation/Levee Districts Reviewed (regional context, population growth, & disadvantaged communities); 4. Suisun Marsh Districts (district profiles, & MSR determinations); 5. Collinsville Levee Maintenance District (district profile, & MSR determinations); 6. Sacramento Delta Districts (district profiles & MSR determinations); and 7. Key Findings & Recommendations. Methodology In order to evaluate the reclamation/levee districts, the consultant team requisitioned and reviewed available district documents, participated in an informational meeting at Rush Ranch for the districts located within the Suisun Marsh3, met with district representatives, and conducted site visits. In addition, the team researched and analyzed relevant information regarding each of the districts, including formation documents and financial reports, relevant background studies, and talked with LAFCO staff, County Counsel, Suisun Resource Conservation District, and Dixon Resource Conservation District. A questionnaire was distributed to each reclamation/levee district to obtain current information about district governance, service delivery, and financial capacity. Additional research was required for non-responsive districts including review of studies conducted by state and federal agencies. District profiles and statutorily required determinations were prepared for each of the 24 districts reviewed as prescribed by the CKH Act. Based on the report’s findings, recommendations were made for improving service delivery and governance. Reclamation/Levee District Overview Reclamation and levee districts are special districts organized under separate sections of the State Water Code to protect land that is subject to flooding.4 According to the State Water Code 1) Reclamation 1 Reclamation District 2034 was not reviewed as part of this MSR given that it was recently evaluated under a separate MSR in November 2018. The North Rio Vista Levee Maintenance District was determined to be an assessment district and not a special district. 2 Michael Brandman Associates, “Municipal Service Review Solano County Water, Irrigation, Reclamation, and Flood Management Agencies”, April 13, 2009 3 Suisun Marsh Reclamation Districts Workshop, February 22, 2019 4 Reclamation Districts are organized under Division 15, Section 50000 and Levee Districts are organized under Division 19, Section 70000 of the California Water Code Solano Reclamation Districts Municipal Service Review i February 10, 2020 Final Districts (RDs) are authorized to reclaim swamp land subject to flooding by the “construction of levees, drainage, and water control facilities for the unwatering, watering, and irrigation of district lands, and to provide for the operation and maintenance of such facilities and levees” 2) Levee Districts can be established in order to “protect lands from overflow due to flooding and for conserving or adding water to the sloughs and drains in the district.” The primary function of both reclamation and levee districts is to operate and maintain levee and drainage systems to protect adjoining land from flooding. Level of Service/Levee Standards Solano County reclamation/levee districts maintain over 400 miles of levees located in Suisun Marsh, Collinsville, and the Sacramento Delta.5 6 The flood management system is generally divided into two broad categories: 1) Project levees that were built, rebuilt, or adopted as part of the State-Federal Sacramento River Flood Control System are maintained to the highest standards that comply with U.S. Army Corps of Engineer guidelines, and 2) Non-project levees which includes all other levees built and maintained by private landowners or local reclamation districts. Only about a third of the levees are project levees that are regularly inspected by the California Department of Water Resources (DWR). There is no single levee maintenance standard. Instead, one of four standards are commonly used to provide guidance about the level of levee design and maintenance, along with other factors including the levee’s purpose, type and level of risk, and state/federal funding requirements. Levee standards include: Public Law 84-99: Project levees that are part of the State Plan for Flood Control and Federal Flood Protection System are maintained to higher standards that comply with USACE guidelines. Project levees that meet the federal PL 84-99 standard are eligible for federal assistance if they participate in and are certified under the USACE Rehabilitation and Inspection Program. Bulletin 192-82: Concern about the integrity of non-project levees led to the State’s adoption of a plan for improvement of Delta levees and issuance of levee guidelines as part of DWR Bulletin 192-82. The Delta Flood Protection Act requires that Delta Levee Subventions projects be compatible. Hazard Mitigation Plan (HMP): Various agencies negotiated the HMP standard for non-project levees to reduce the likelihood of repetitive flood damage to Delta levees and islands, so that FEMA disaster assistance would not be requested repetitively for the same islands after minor flooding. DWR is committed to improving most levee facilities to a uniform standard at the HMP configuration while working to raise the level of protection to the standards described in DWR Bulletin 192-82 or PL 84-99. Suisun Marsh Protection Plan: The Suisun Marsh levee system provides flood protection for managed wetlands, public lands, infrastructure, residences, and wildlife habitat. Exterior levees were built up progressively over the years using dredged materials typically from adjacent waterways generally with little, or no, effort to design them to meet specific engineering standards.7 Levee configurations vary considerably in material composition, cross-sectional geometry, shape, strength, stability, and integrity. 8 Standards for levee configuration in Suisun Marsh were established in 1977 as a result of the Suisun Marsh Protection Plan. The specifications were developed to guide the design, construction, and maintenance of levees in the primary management area of the Marsh. While the goal is to “maintain and improve the integrity of the Suisun Marsh levee system” 9, meeting these standards can be constrained by regulatory, environmental, or structural limitations and restrictions. 5 URS Corporation, Phase 2 Risk Reduction Report, June 2011 6 DWR and CDFW, “Cache Slough Complex Conservation Assessment: Volume 1 Characterization Report”, November 2015 7 Suisun Marsh Protection Plan, www.bcdc.ca.gov/plans/Suisun-marsh.html