TO: Napa County Flood Control and Water Conservation District
FROM: Richard Thomasser - District Manager
REPORT BY: Andrew Butler - District Engineer
SUBJECT: Amendment No. 1 to Agreement No. 250025B (FC) with Joshua A. and Melissa E. Green Revocable Trust Under Instrument dated July 21, 2009
RECOMMENDATION
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Approve and authorize Amendment No. 1 to Agreement No. 250025B (FC) with Joshua A. and Melissa E. Green Revocable Trust Under Instrument dated July 21, 2009, increasing the maximum amount of compensation by $6,000 to a new total of $36,800 for certain real property, including one Flood Protection Levee Easement, one Slope Easement and one Temporary Construction Easement on property located at 2444 Shoreline Drive (APN 044-301-023), Napa California. (Fiscal Impact: $36,800 Expense; Flood Project; Budgeted; Discretionary)
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BACKGROUND
The Napa River/Napa Creek Flood Protection Project covers 6.9 miles of the Napa River, as well as 0.6 miles of the Napa Creek. Components of this project include widening the river channel through the creation of both marsh plain and floodplain terraces adjacent to the river, replacing several bridges, including the railroad bridge over the Napa River, and the creation of a bypass channel through downtown Napa. The overall project requires the acquisition of property interests on approximately 300 parcels of land.
The Floodwalls North of the Bypass Project (Project), the next phase of the larger Napa River/Napa Creek Flood Protection Project, extends approximately 1 mile along the west bank of the Napa River from the River Terrace Inn on the south end to the Elks Grove Townhomes to the north. Major components of the Project include a setback concrete or sheet pile floodwall along the bank of the river, improved scour protection under the Lincoln Ave bridge, completing the floodwall on the north side of the dry bypass channel, and construction of a public trail south of Lincoln Avenue that will connect the existing Napa River trail to the Oxbow Commons including a new pedestrian crossing of Lincoln Avenue. This phase of the Project requires acquisition of easements or fee title on approximately 45 parcels in the City of Napa.
The subject of this item is an amendment to the Purchase and Sale agreement previously approved by the Board for the required property rights proposed for acquisition at 2444 Shoreline Drive, APN 044-301-023, which are comprised of a 2,726 SF Flood Protection Levee Easement, a 1,253 SF Slope Easement, a 1,780 Public Water Utility Easement and a 614 SF Temporary Construction Easement. There are no existing structures or other permanent improvements on the subject property withing the acquisition area. The District obtained an appraisal of the required property rights and District negotiators and the property owner agreed upon a reasonable purchase price, subject to Board approval.
The Board previously approved the District Board chair to sign the Purchase and Sale Agreement in the amount of $30,800 for acquisition of the above real estate interests on the subject property for the Project. However, the compensation amount agreed upon by both parties was $36,800. Therefore, an amendment is necessary to reflect the correct amount of compensation. This amendment will lead to the acquisition of property needed to construct the Project.
Requested Action:
Approve and authorize Amendment No. 1 to Agreement No. 250025B (FC) with Joshua A. and Melissa E. Green Revocable Trust
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? |
Subdivision 8001000 |
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Is it Mandatory or Discretionary? |
Discretionary |
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Is the general fund affected? |
No |
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Future fiscal impact: |
All property acquisitions are part of the Project’s annual budget. |
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Consequences if not approved: |
Delays in beginning construction which could lead to increase in costs that are not included in the budget, loss of allocated federal funds, or increased flood risk in the City of Napa. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Acquisition of the Subject Property is part of the Napa River/Napa Creek Flood Protection Project and was included in the Final Environmental Impact Report (FEIR) for the Project that was certified by the District on May 4, 1999, for which a Notice of Determination was filed on May 7, 1999. The Final Supplemental Environmental Impact Statement (FSEIS) for the Project was certified by the Corps of Engineers in its Record of Decision filed on June 9, 1999. On April 2, 2009, the City of Napa determined that the Napa River/Napa Creek Flood Protection Project is consistent with the City's General Plan Envision Napa 2020.