Agenda Item Wording:
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Consider adoption of Resolution 2023-43 requesting to participate in the Department of Water Resources Temporary Land Clearing reimbursement for Flood Diversion Equipment & Recharge Enhancement Initiative.
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Submitting Department: Administration
Contact Name and Phone Number: Rhett Anderson, (559) 713-4530
Department Recommendation: It is the recommendation of staff that the Visalia City Council to adopt Resolution 2023-43 in order to receive funding from the Department of Water Resources for groundwater improvement and to reduce flooding in the Tulare Lake Bottom.
Background Discussion: The Department of Water Resources (DWR) is actively working with local agencies to supplement funding for clearing permanent crops in order to permanently develop land to be more suitable for groundwater recharge and flood mitigation. This funding opportunity is being provided through a subset known as the Flood Diversion Equipment and Recharge Enhancement initiative. In March of 2023, the City of Visalia began diverting flood water via pumping out of the Kaweah system in order to alleviate surface water flows that would ultimately deposit to the Tulare Lake Region, causing further damage to the area. The supplemental funding for land clearing, informally referred to as “Rip and Chip”, provided by DWR will aid the City in efforts to remove orchards originally designated for agricultural use, for the purposes of permanent clearing and removal of permanent crops for the purpose of floodwater mitigation during the upcoming flood season and groundwater enhancement. DWR is willing to put forth funding on the condition that the ground that is cleared using DWR funding will remain non-agricultural, and be utilized for floodwater mitigation and groundwater improvement. While DWR has stated that while the funds are being allocated under an emergency ordinance for flood mitigation and groundwater improvement, they understand that there may not be a risk of flooding in the oncoming water year, and will not hold the City inadequate on eligibility of reimbursement should the floodwater not be available for diversion in the oncoming water year of 2024.
The reimbursement program would provide financial assistance to organizations willing to provide funding exclusively for land clearing and mastication of woody vegetation. The parcel is going to be permanently retired from farm ground and redesignated for future public use within the multi-faceted East Side Regional Park project (See Attached). DWR has agreed to reimburse the City of Visalia for the total costs of the contractor to remove and dispose of 40 acres worth of trees, including a 10% buffer incase costs of services increase since the time that the quote was provided to City staff. By utilizing this program, the City can optimize an oncoming projected year of above average precipitation at a reduced financial burden to the City, in which funds that may have been utilized for land clearing pre-construction can now be devoted to efforts of water diversion. There is no obligation on the City to provide the water for recharge, and intends to deposit exclusively floodwater, unless other categories of water are more feasible for the City. Currently, large diameter (larger than 6 inches in diameter intake) diesel powered trash pumps are the most feasible method for diverting water out of Mill Creek and onto the parcel should floodwaters become available.
Proposed Orchard for Application:
This program is currently designated for and applicable to 40 acres of established pecan trees owned by the City directly south and adjacent to Mill Creek and directly west and adjacent to Road 152. The APN for this parcel is 103-500-001. The parcel Is currently composed of over 1,100 standing pecan trees. It is estimated by City staff that roughly half of the total volume of organic material within the orchard is already dead. While some trees have experienced 100% mortality, most other trees are partially dead, specifically within the upper half of the canopy. Many of the previously presumed dead trees were able to re-establish themselves after the significant rain events of Water Year 2023, however profitable production is not expected to make a recovery at any point. This area is one parcel of many that will soon become the Eastside Regional Park. Of the multiple parcels that compose the future East Side Regional Park, approximately ~120 acres of fallowed walnuts also occur on the parcels directly north of the respective pecan orchard, also adjacent to Mill creek.
Procurement:
Because this program falls under state of emergency funding through the State of California, DWR has confirmed with City staff that the City is not required to employ a formal bid process to receive funding, and that sole sourcing is an option for the City due to the funding originating as a result of emergency response.
City staff has procured a quote for services from JFS Enterprises INC., in the total amount of $285,000.00 which would completely cover the cost to remove the entirety of the trees on the parcel, including stumps, and disposal of the organic material to a third-party site. This quote for service was done utilizing prevailing wage for estimated hourly labor. City staff have calculated total cost of services to be the original amount quoted from the vendor, including a 10% buffer to anticipate any fluctuation in pricing from the time of service from the time that the quote of service was produced. The quote for service, including the 10% buffer, equates to a total of $313,500. The quote for service has been attached to this report. Staff anticipates that staff time to implement this project will be valued at 10% of the total project cost. This estimate produces a total maximum estimated cost of staff time to be $31,350.00, of which 0% is reimbursable to the City through DWR. In total, project implementation is estimated to be $344,850, of which $313,500.00 Is reimbursable to the City through this program.
The City is reimbursable so long as the land being fallowed will remain in use for agricultural purposes, in a capacity that is satisfactory to DWR. Future project plans of the park have been shared with DWR, who has determined that the respective acreage is eligible for reimbursement for the entire parcel. Flood management and groundwater improvement includes floodwater diversion, managed aquifer recharge (Flood-MAR), or installation of permanent beneficial water projects. The City fully intends to, at minimum, divert water onto the parcels that are cleared for the purposes of flood mitigation and groundwater recharge and improvement should the water resources be available and/or should the City of Visalia require additional capacity be made within the Mill Creek channel in order to alleviate flood risk. The City also recognizes that a portion of the western side of the parcel may be utilized for temporary fill dirt deposition anytime after the spring of 2024. These construction activities will not interfere with floodwater mitigation efforts in water year 2024.
Program Benefits
Looking past the immediate financial benefits that the City would receive as a result of being awarded the supplemental funds for land clearing, a number of other benefits exist as well.
1. Enhanced Floodwater Management: Removing the permanent pecan orchard and clearing the fallowed agricultural land will create effective floodwater diversion zones. During the anticipated wet season, these cleared areas can serve as natural buffers, redirecting excess water away from critical conveyance systems and urban areas. This proactive floodwater management approach reduces the risk of flood-related damages to public and private properties, enhancing the city's overall flood resilience.
2. Optimized Land Utilization: The conversion of fallowed agricultural land, previously occupied by permanent pecan orchards, into floodwater diversion zones optimizes land usage. By repurposing this land for temporary floodwater storage, the city gains a dual benefit of mitigating flood risks and utilizing otherwise underutilized areas. This transformation aligns with the city's objective to maximize the utility of its land resources for community welfare.
3. Positive Impact on Groundwater: The removal of permanent vegetation and the diversion of surface water can have a positive impact on groundwater elevation. Diverting excess surface water away and out of the Kaweah system can reduce the pressure on local aquifers, allowing for additional recharge. This holistic approach benefits both surface water management and groundwater sustainability, contributing to long-term water resource management goals.
4. Precedent for Environmental Sustainability: By removing the pecan orchard and utilizing the land for floodwater diversion, the City of Visalia sets a precedent for environmental sustainability and adaptive land use. This action reflects the city's commitment to responsible water management and proactive strategies for addressing climate-related challenges. The cleared land can become a model for future development within the East Side Regional Park, showcasing the integration of water management practices with community development.
5. Long-Term Support and Collaboration: Utilizing Department of Water Resources funding establishes a collaborative partnership between the city and a key state agency. This partnership can extend beyond the project's completion, ensuring ongoing support, data sharing, and knowledge exchange. The city benefits from continued access to resources, expertise, and updates on best practices in water management. Such long-term collaboration provides a foundation for sustained groundwater recharge efforts and improved flood mitigation strategies in the face of changing conditions and future challenges.
If awarded, the City of Visalia would receive reimbursement for the benefit of water resource management. Currently, the City is making efforts to clear fallowed trees on numerous acres of land, however it would appear that for the time being, the identified parcel of 40 acres of pecans will be the only eligible acres to apply for within the funding opportunity.
Appropriation:
Should the council move to adopt Resolution 2023-43, City staff will return to request reimbursement for the cost to remove and masticate the 40 acres of pecans located at APN 103-500-001. These costs will be incurred between October 2023 and December 2023. All service costs, including equipment, labor, and fuel are fully reimbursable to the City. City staff time is not eligible for reimbursement.
The reimbursement program for floodwater diversions proposed through the Department of Water Resources offers a unique opportunity for the City of Visalia to address flood management challenges in the area while simultaneously recharging groundwater resources. By investing in floodwater diversion infrastructure, the City will experience various benefits in addition to project advancement for the East Side Regional Park, including reduced flood risks to critical infrastructure, enhanced groundwater sustainability, cost savings, and improved environmental conditions.
Considering the advantages outlined above, implementing this program is strongly recommended. It aligns with the city's long-term vision for water resource management, fosters environmental stewardship, and promotes resilience in the face of changing climatic conditions. By seizing this opportunity, the City of Visalia can set an example for other communities facing similar challenges and contribute to a more sustainable and prosperous future.
Upon being awarded with the supplemental funding by DWR, City staff will return to council to ask for an appropriation of any remaining funds not covered by the grant, including staff time, and award the contract to a vendor.
Fiscal Impact: The City of Visalia is eligible for reimbursement for the total of mastication from the Department of Water Resources. The funding is only available to the vendor for the amount quoted, including a 10% buffer. All funds provided by the Department of Water Resources for the purposes of land clearing services that are not utilized will be returned to the Department of Water Resources. The City of Visalia would be responsible for all staff time, and any other additional costs that may be incurred. Staff time is estimated to be 10% of the total project costs. Should the resolution be passed, staff will return to council to request appropriation for funds.
Prior Council Action: N/A
Other: Please see attachments.
Alternatives: The Council may choose not to adopt resolution 2023-43
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve and adopt Resolution 2023-43, in the pursuit of funding for land clearing and repurposing provided by the Department of Water Resources for the purpose of removal of permanent crops on city-owned properties.
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Environmental Assessment Status
CEQA Review: Exempt under program.
Attachments: 1. 11 LOCMAP A1-Net 2. Resolution 2023-43 3. Bid for Service - JFS Ent 15P-02091, 4. Correspondence with Department of Water Resources “Re: Rip and Chip Funding” 5. Scope of Work