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File #: 25-1531    Version: 1
Type: Administrative Status: Agenda Ready
File created: 8/19/2025 In control: Flood Control and Water Conservation District
On agenda: 9/16/2025 Final action:
Title: Approve and authorize Project Partnership Agreement No. 260135B (FC) and Amendment 3 of the Project Cooperation Agreement No. 260149B (FC) between the Department of the Army and the Napa County Flood Control and Water Conservation District for Construction of the Napa River/Napa Creek Flood Protection Project. (Fiscal Impact: $48,300,000 Revenue; Flood Project Fund; Budgeted; Discretionary)
Sponsors: Board of Supervisors
Attachments: 1. Project Partnership Agreement, 2. Project Cooperation Agreement, 3. Implementation Plan
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO:                     Napa County Flood Control and Water Conservation District

FROM:                     Richard Thomasser – District Manger

REPORT BY:                     Andrew Butler – District Engineer

SUBJECT:                     Approval of Project Partnership Agreement No. 260135B (FC) and Amendment 3 to the Project Cooperation Agreement No. 260149B (FC) (Formerly No. 66 (FC)) between the Department of the Army and the Napa County Flood Control and Water Conservation District for Construction for the Napa River/Napa Creek Flood Protection Project

 

RECOMMENDATION

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Approve and authorize Project Partnership Agreement No. 260135B (FC) and Amendment 3 of the Project Cooperation Agreement No. 260149B (FC) between the Department of the Army and the Napa County Flood Control and Water Conservation District for Construction of the Napa River/Napa Creek Flood Protection Project. (Fiscal Impact: $48,300,000 Revenue; Flood Project Fund; Budgeted; Discretionary)

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BACKGROUND

The Napa River/Napa Creek Flood Protection Project is a long-term effort to reduce flood risk to the City of Napa while incorporating environmental restoration and recreational enhancements. The Project, authorized by Congress and implemented in partnership with the U.S. Army Corps of Engineers (USACE), combines engineered flood protection measures with environmental sustainability and community improvements.

The District serves as the local sponsor responsible for coordinating with USACE, securing required local cost- share contributions, and ensuring compliance with applicable federal and state requirements. The Project is partially funded by federal appropriations with matching local contributions from the District and other local sources.

The Project Partnership Agreement (PPA) between the Department of the Army and the Napa County Flood Control and Water Conservation District outlines the responsibilities, cost-sharing arrangements, and commitments required to advance the next construction phase of the Napa River/Napa Creek Flood Protection Project. This next phase consists of Increment 2, Floodwalls North of the Bypass, and Increment 3, Imola to Hatt Floodwalls. Each increment consists of building approximately one mile of floodwall on the western bank of the Napa River, the construction of new trails to tie into existing trails within the City of Napa, and riverbank restoration and rehabilitation.

The Project Cooperation Agreement (PCA) between the Department of the Army and the Napa County Flood Control and Water Conservation District is the original agreement addressing the authorization of the overall Flood Project. It also outlines the responsibilities of the USACE, as the Federal partner and the District, as the Non-federal Sponsor. This Amendment 3 closes out the PCA, stating that its terms apply to previously constructed portions of the Flood Project whereas the PPA will apply to the two future phases of the project. The final agreements are attached as provided by the Department of the Army.  Once the Assistant Secretary of the Army has determined the signatory on the Government’s behalf they will provide the signature-ready version for the District Board Chairperson to sign.  District Counsel has reviewed and approved these documents to form and will confirm no substantive changes in the finalized Agreements for signature.

Requested Items:
1. Approve and authorize PPA No. 260135B (FC) between the Department of the Army and the Napa County Flood Control and Water Conservation District for Construction of the Napa River/Napa Creek Flood Protection Project.

2. Approve and authorize Amendment 3 of the PCA No. 260149B (FC), formerly No. 66 (FC), between the Department of the Army and the Napa County Flood Control and Water Conservation District for Construction of the Napa River/Napa Creek Flood Protection Project.

 

FISCAL & STRATEGIC PLAN IMPACT

Is there a Fiscal Impact?

Yes

Is it currently budgeted?

Yes

Is it Mandatory or Discretionary?

Discretionary

Discretionary Justification:

To secure federal funding, maintaining momentum of construction so there are no costly delays, and to protect the community from flood risks.

Is the general fund affected?

No

Future fiscal impact:

Project construction of Increments 2 and 3 will occur from Fiscal Year 25-26 through 29-30.

Consequences if not approved:

The District would be unable to access federal funding which would delay construction of flood protection for the City of Napa.

 

ENVIRONMENTAL IMPACT

ENVIRONMENTAL DETERMINATION: The Floodwalls North of the Bypass, Increment 2 contract of the Napa River/Napa Creek Flood Protection Project 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 Impact Statement (FEIS) for the Project was certified by the USACE in its Record of Decision filed on June 9, 1999. On March 25, 2025, after a 45-day public review and response to comments, the District Board certified the Final Subsequent Environmental Impact Report for the Floodwalls North of the Bypass Project which addressed changes to the original design in some areas within the footprint of that Project. The U.S. Army Corps of Engineers circulated a Draft Supplemental Environmental Assessment/ Finding of No Significant Impact for a 30-day review May 22, 2025 to June 20, 2025. After the public and agency review period, the U.S. Army Corps of Engineers responded to comments and prepared the Final Supplemental Environmental Assessment/ Finding of No Significant Impact.