REPORT TO THE CITY COUNCIL
FROM: BROCK D. BUCHE, PE, PLS, Director
Department of Public Utilities
BY: DEJAN PAVIC, PE, Projects Administrator
Department of Public Utilities - Utilities Planning & Engineering
SUBJECT
Title
Actions pertaining to an Extraterritorial Water and Sewer Service and Offsite Infrastructure Agreement between Clovis Unified School District and the City of Fresno (City of Fresno Sphere of Influence and County of Fresno):
1. RESOLUTION - Considering Mitigated Negative Declaration SCH No. 2005101054 and adopting findings pursuant to California Environmental Quality Act Guidelines section 15162;
2. Approve an Extraterritorial Water and Sewer Service and Offsite Infrastructure Agreement between Clovis Unified School District and the City of Fresno for the Terry Bradley Educational Center.
Body
RECOMMENDATION
Staff recommends that the City Council: adopt the Resolution considering Mitigated Negative Declaration SCH No. 2005101054 and adopting findings pursuant to California Environmental Quality Act (CEQA) Guidelines section 15162; approve an Extraterritorial Water and Sewer Service and Offsite Infrastructure Agreement between Clovis Unified School District (CUSD) and the City of Fresno (City); and authorize the Director of Public Utilities, or designee, to sign the agreement on behalf of the City.
EXECUTIVE SUMMARY
The Department of Public Utilities (DPU) and the Department of Public Works (DPW) seek to enter into an Extraterritorial Water and Sewer Service and Offsite Infrastructure Agreement (Agreement) with CUSD pertaining to the Terry P. Bradley Educational Center (Project), which will be constructed to alleviate student overcrowding issues adversely impacting the student learning environment. The Project will be home to Clovis South High School, a currently unnamed intermediate school, and a future elementary school, serving students in grades kindergarten through twelve. CUSD is developing a 155.86-acre property between East Princeton Avenue and East Weldon Avenue, between the east side of North Leonard Avenue and the west side of North Highland Avenue. The school site is located outside the City’s corporate boundaries, but within the City’s Sphere of Influence (SOI), and, specifically, within the Southeast Development Area (SEDA). Due to its proximity to the City’s corporate limits, CUSD has requested to extend water and sewer facilities to serve the Project site. In order for the City to provide water and sewer to the Project, CUSD submitted an extension of service application to the Fresno Local Agency Formation Commission (LAFCo) and must enter into a service agreement with the City. LAFCo has approved CUSD’s extension of service application.
BACKGROUND
The proposed Agreement with CUSD is in support of the Project consisting of a high school, a currently unnamed intermediate school, and a future elementary school, serving students in grades kindergarten through twelve, being constructed to alleviate student overcrowding issues adversely impacting the student learning environment. CUSD is developing a 155.86-acre property between East Princeton Avenue and East Weldon Avenue, between the east side of North Leonard Avenue and the west side of North Highland Avenue. The Project will experience a phased opening, with seventh through ninth graders attending beginning Fall 2025, and adding a grade level each year until the Project is fully operational in 2028. The Project encompasses outside spaces such as hardcourt areas, athletic fields, and parking lots. The school is in regular session on weekdays from late August to early June. From time to time the school may host special events and classes during evenings, on weekends, and during summer break. CUSD requested to extend municipal water and sewer services to the school site. The locations and pipeline sizes of water mains and sewer mains are described in detail in Exhibit B to the Agreement (attached).
The 155.86-acre property on which the Project will be located, and which is associated with Fresno County APNs 310-052-38T, 310-310-14T, 310-310-39T, 310-320-01ST, 310-320-02ST, 310-320-03ST, 310-320-04ST, 310-320-05ST, 310-320-06ST, 310-320-07ST, and 310-320-08ST, is located outside the City’s corporate boundaries, but within the City’s SOI, and, specifically, within the SEDA. The site will not be annexed to the City in conjunction with the approval of this Agreement and construction of the school Project due the urgent need for new high school, intermediate school, and new elementary school in this area and the need to plan for water and sewer infrastructure prior to annexation and development occurring in SEDA. Due to its proximity to the City corporate limits, CUSD requested to extend water and sewer facilities to serve the Project site. Since CUSD will be constructing water and sewer facilities described in the attached Exhibit B, and other facilities described in the Agreement and in Exhibit C to the Agreement, DPU agrees that the school be provided City water and sewer services through the approval of an exterritorial service agreement between CUSD and the City.
Under the 2016 Revised, Amended, and Restated Cooperative Agreement between the City and Fresno Irrigation District (FID), the underlying surface water rights are retained by FID. CUSD is required to entertain one of the two means (mitigation measures) outlined in the Agreement to provide the estimated annual water demand quantities for the school.
Pursuant to Section 56133 of the Government Code, a City or District principally in Fresno County may provide new or extended services by contract or agreement outside its boundaries only if it requests and receives approval from LAFCo. In order for the City to provide water and sewer service to the school, CUSD submitted an extension of service application to LAFCo, and it must enter into a service agreement with the City. Due to CUSD’s decision to not annex the school site to the City at this time, LAFCo has required CUSD to apply for an extension of services to obtain sewer and water services from the City. LAFCo has subsequently reviewed and approved CUSD’s extension of service application. By its Resolution No. 127, LAFCo delegated to its Executive Officer the authority to approve, or conditionally approve, proposals to extend services outside jurisdictional boundaries. Pursuant to Government Code section 56133 (b), LAFCo may authorize a city to provide new or extended services outside of its jurisdictional boundaries in anticipation of a later change in organization.
City staff has negotiated an Extraterritorial Water and Sewer Service and Offsite Infrastructure Agreement with CUSD. The Agreement outlines the installation and maintenance of water and sewer facilities to serve the Project site, and the payment of appropriate development fees and charges for water, sewer, and other offsite infrastructure improvements, including the Water Supply Payment as one of the two possible means for satisfying the required surface water supply.
Considering the foregoing, staff recommends that the City Council approve the Agreement between CUSD and the City, and authorize the Director of Public Utilities, or designee, to sign the Agreement on behalf of the City.
The Agreement has been approved as to form by the City Attorney’s Office.
ENVIRONMENTAL FINDINGS
On February 21, 2024 CUSD, as lead agency, adopted an Initial Study Mitigated Negative Declaration (MND) for the Terry Bradley Educational Center Additional Infrastructure Project (SCH No. 2005101054), which contemplated approval of an extraterritorial service agreement between the Clovis Unified School District and the City of Fresno, in order to facilitate the City’s provision of sewer and water facilities to the school site. Notice of Determination (NOD) for the Project was signed by CUSD on February 21, 2024, and posted on February 26, 2024. Prior to the MND, the 2008 Final Environmental Impact Report (EIR) was certified by CUSD’s Board of Directors on August 28, 2008.
Pursuant to CEQA Guidelines Section 15096, the City, as Responsible Agency, has considered the prior MND approved by CUSD and has completed an analysis pursuant to CEQA Guidelines Section 15162 to determine if a subsequent EIR or MND is required. As a result of this analysis, staff has concluded the following:
None of the conditions described in Section 15162 of the CEQA Guidelines calling for preparation of a subsequent EIR or Mitigated Negative Declaration have occurred:
a. The Extraterritorial Water and Sewer Service and Offsite Infrastructure Agreement between Clovis Unified School District and the City of Fresno does not propose changes to the Terry Bradley Educational Center Additional Infrastructure Project, and is instead an approval that implements a portion of that Project;
b. There is no substantial evidence in the record that the Extraterritorial Water and Sewer Service and Offsite Infrastructure Agreement between Clovis Unified School District and the City of Fresno may have additional significant effects on the environment that were not identified in the Terry Bradley Educational Center Additional Infrastructure Project MND, and that all applicable mitigation measures of the prior MND have been applied to the Project;
c. In addition, pursuant to Public Resources Code, Section 21157.6(b)(1), Council finds that no substantial changes have occurred with respect to the circumstances under which the prior MND was adopted; and, that no new information, which was not known and could not have been known at the time that the prior MND has become available. Accordingly, a subsequent EIR or MND is not required.
LOCAL PREFERENCE
Local preference was not implemented because this Extraterritorial Water and Sewer Services and Offsite Infrastructure Agreement does not include a bid, an award of a construction contract, or approval of a services contract.
FISCAL IMPACT
Approval of this Agreement will not impact the General Fund. Future extraterritorial customers will agree to pay all required water and sewer fees as determined by the City prior to connecting to the City’s public water and sewer systems.
Attachments:
Vicinity Map
Resolution Adopting CEQA Findings
Extraterritorial Water and Sewer Service and Offsite Infrastructure Agreement