TO: Board of Supervisors
FROM: Steve Lederer, Director of Public Works
REPORT BY: Chris Silke, Engineering Manager
SUBJECT: Contribution Agreement between Napa County and Tuleyome
RECOMMENDATION
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Director of Public Works requests approval of and authorization for the Chair to sign a Measure A Contribution Agreement with Tuleyome for a maximum of $236,289 for the term January 25, 2022, to June 30, 2023, to plan and implement erosion and sediment control features within Hunting Creek watershed.
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EXECUTIVE SUMMARY
On August 31, 1999, the County and Napa County Flood Protection and Watershed Improvement Authority
(NCFPWIA) entered into a funding agreement whereby the NCFPWIA provided funding from the proceeds of the Napa County Flood Protection Sales Tax (also referred to as "Measure A") for eligible county projects. Within unincorporated Napa County Measure A sales tax revenue can be obligated towards projects whose core objective is to reduce the risk of flood damage or benefit the watershed of Lake Berryessa in eastern Napa County.
A Lake Berryessa Watershed Improvement Program Grant Application Guide was released into public circulation in April, 2021 encouraging Project Sponsors to submit an application if the proposed goals and objectives satisfied the types of projects listed in the advertisement guidelines. Two (2) Proponents filed watershed project applications and supplemental documents presenting details on their work plan, proposed task activity, history of the project, similar environment project experience and professional qualifications of individuals with key roles in the project.
Both watershed project applications were evaluated by an Advisory Committee. Interviews with the Project Teams were held to learn more about the proposed activities, budget, and schedule of each project. The Committee voted in favor of appropriating Measure A Lake Berryessa Watershed Program funds to one of the two projects.
Legal Counsel has recommended that the County enter into a Contribution Agreement with Tuleyome, a non-profit organization acting as sponsor for Post-Fire Restoration of Hunting Creek Watershed Project. The Contribution Agreement will fund project planning and drainage rehabilitation of gravel road segments that perennially discharge heavy sediment loads into tributary flows within Lake Berryessa watershed.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
Yes |
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Where is it budgeted? |
Public Works Projects Budget 1220500, Project 11012, funded through Measure A. There is currently $1,622,000 of appropriations remaining in the Berryessa Watershed budget. This amount covers Napa County unincorporated area Measure A activities including Lake Berryessa watershed improvement projects. Funds unspent this year will be rolled over for use in the next fiscal year. |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
The project will mitigate winter storm related erosion and sediment transport within the Lake Berryessa watershed by upgrading drainage systems and protecting vulnerable gravel road soils prone to washouts. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
This expenditure (along with all future approved projects) will decrease the remaining Measure A funds available to Lake Berryessa watershed and unincorporated area flood damage prevention projects. |
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Consequences if not approved: |
Hunting Creek will be vulnerable to further storm water runoff scour releasing sediments into waterways causing water quality impairment. |
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County Strategic Plan pillar addressed: |
Choose an item. |
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Additional Information |
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ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Tuleyome is responsible for preparing permit applications for submission to appropriate agencies and obtaining approvals prior to performing construction activities. CEQA compliance will be obtained through issuance of a permit from the lead resource agency, which in this case is the California Department of Fish and Wildlife.
BACKGROUND AND DISCUSSION
On August 31, 1999, the County and Napa County Flood Protection and Watershed Improvement Authority
(NCFPWIA) entered into a funding agreement (Agreement No. 4202) whereby the NCFPWIA provided funding from the proceeds of the Napa County Flood Protection Sales Tax (also referred to as "Measure A") for eligible county projects. Ordinance No. 1 (NCFPWIA) authorizes the use of Measure A funds in unincorporated areas of Napa County whose purpose(s) is (are) to: 1) implement flood damage reduction projects including elevating / relocating structures, including bridges, in the floodway and floodplain; and 2) agricultural watershed and stormwater runoff management improvements planned jointly by the agricultural industry, the County, the Napa County Resource Conservation District and California Fish and Wildlife.
In April 2021 County Staff composed a Lake Berryessa Watershed Improvement Program Grant Guidelines and Project Application packet. A project solicitation was then announced to the general public and environmental stakeholders engaged in water resources type projects. Two (2) project applications were submitted by Proponents. Each project task order and goals were distinct in the betterments proposed to Lake Berryessa watershed. The project titles, sponsors and requested Measure A financial commitment were as follows:
1. Post-Fire Restoration in Hunting Creek Watershed (Tuleyome) - $236,289, and
2. Pope Creek Weed Management (Multiplier) - $339,018.
After an initial round of project evaluations the Advisory Committee decided interviews should be conducted before a final recommendation is made on Measure A award endorsement. Interviews were scheduled and held with the two (2) project applicants. Ultimately, the Advisory Committee voted in favor of a Measure A Funding Agreement for Project 1 listed above.
Legal Counsel has recommended that the County enter into a Contribution Agreement with unincorporated area project sponsors on an individual basis to define the specific terms and conditions by which it is funded by Measure A Lake Berryessa Watershed Improvement Program.
The Contribution Agreement outlays responsibilities, liabilities, deliverables and expectations of the sponsor and their project. The proposed project will address severe fire damage and erosion by stabilizing a 4-mile section of Cedar Creek Trail in the 18,000-acre Knoxville Management Area and removing a failing dam and an off-channel basin in McLaughlin Reserve. The surrounding chaparral vegetation was charred by wildfires in 2015 and 2020. Project implementation will call upon standard designs and specifications such as rolling dips, armored crossings, rock grades and plantings to prevent acute and chronic erosion of soils into Hunting Creek. The area is remote, rugged, erosive and in proximity to legacy mines. Upland culverts are under capacity, poorly constructed and frequently overtopped during heavy rains. Culverts plug with debris and sediments forcing storm water diversions that scour new channels washing away soils within and adjacent to the gravel road. Construction activity will encompass properly designed culvert installations, bank armoring, vegetated inlets, pre-settling basins and trash racks. Drought tolerant native plants will be introduced to the landscape based on their compatibility with existing soils and slow release fertile amendments. Eligible project expenses will be reimbursed to the project sponsor, Tuleyome, up to the appropriation amount of $236,289.