TO: Napa County Flood Control and Water Conservation District
FROM: Richard Thomasser, District Manager
REPORT BY: Andrew Butler, District Engineer
SUBJECT: Amendment No 4. Agreement No. 220322B (FC) with Associated Right of Way Services
RECOMMENDATION
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Approve and authorize Amendment No. 4 to Agreement No. 220322B (FC) with Associated Right of Way Services for the Napa River/ Napa Creek Flood Protection Project - Floodwalls North of the Bypass and Hatt to Imola Floodwalls to increase maximum compensation by $120,000 for a maximum compensation of $2,033,000. (Fiscal Impact: $120,000; Flood District - Flood Project; Budgeted; Discretionary)
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BACKGROUND
Associated Right of Way Services (ARWS) has provided the District with support for its real estate acquisition activities since the beginning of the Flood Project in 1998. ARWS prepared a real estate acquisition plan to create a strategy for the property acquisition of the originally estimated 19 properties that were required to move forward with the Project. After the date of the original agreement with ARWS and after discussion with legal and land acquisition consultants, staff determined that the formal acquisition of all necessary rights-of-way for the flood protection improvements were required for a total of 46 properties. This amendment will also amend the scope of the contract to include pre-acquisition consultation for the next phase of the Project, Increment 3, Hatt to Imola Floodwalls. This will ensure uninterrupted Right of Way consultation as design of Increment 3 begins.
The Napa County Flood Control and Water Conservation Board approved the original Agreement No. 220322B (FC) on May 3, 2022, Amendment No. 1 on August 22, 2023, and Amendment No 2. on June 18, 2024, and Amendment No. 3 on June 10, 2025.
Requested Actions:
1. Approve and authorize Amendment No. 4 to Agreement No. 220322B with Associated Right of Way Services (ARWS).
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
No |
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Where is it budgeted? |
Fund 8000 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: |
Funding for ARWS’s efforts have been included in the FY 2025-26 budget |
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Consequences if not approved: |
Without real estate acquisition support, the District would be unable to meet its commitments as local sponsor on the Flood Project jeopardizing construction of future flood protection infrastructure. |
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ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The Napa River/Napa Creek Flood Protection Project was included in the Final Environmental Impact Report/Statement (FEIR/EIS). The FEIR was circulated twice for public comment, from December 19, 1997, to February 13, 1998, and again in October and November 1998 (although not required), then certified by the Board of Directors of the Napa County Flood Control and Water Conservation District on May 4, 1999. The U.S. Army Corps of Engineers certified the Final Supplemental Environmental Impact Statement (FSEIS) 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. 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.