TO: Napa County Flood Control and Water Conservation District
FROM: Richard Thomasser – District Manager
REPORT BY: Jeremy Sarrow – Watershed and Flood Control Operations Manager
SUBJECT: Approve Funding Agreement No. 260130B (FC) with Clover Flat Land Fill, LLC
RECOMMENDATION
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Approve and authorize Agreement No. 260130B (FC) with Clover Flat Land Fill, LLC, to fund Construction of the Bale Slough-Bear Creek Restoration Project, Group B, and approve a Budget Amendment. (Fiscal Impact: $1,550,000 Expense and Revenue; Flood District - Watershed Projects; Not Budgeted; Discretionary)
[4/5 vote]
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BACKGROUND
Previously, at the August 13, 2024 Flood Board meeting, the District requested the Flood Board approve an authorize an agreement between the District and Clover Flat Land Fill, LLC (CFLF), allowing CFLF the right of first refusal to fund construction of the Bale Slough - Bear Creek Restoration Project - Group B (“Project”). The Flood Board approved and authorized the right of first refusal agreement at the meeting allowing the District to work with CFLF and other stakeholders to develop the funding agreement that is now before you for consideration for implementation of the Project.
The Bale Slough - Bear Creek Restoration Project will continue restoration activities within the Napa River watershed that were started with the Rutherford Reach Restoration Project and the recently completed Oakville to Oak Knoll Restoration Project. The 1.6-mile Project reach has been divided into three construction groups (A-C), encompassing fourteen (14) distinct restoration sites. The District has completed the environmental review of the Project as required by CEQA, and a Mitigated Negative Declaration was adopted. The project goals include reducing sediment loads and enhancing biological complexity throughout the river channel and riparian corridor. Construction of the Group A restoration sites was completed in 2023 and Group C is currently under construction and will be completed by the fall of 2025. Construction of Group B would be completed in the summer of 2026, dependent on approval of the Funding Agreement that is the subject of this agenda item.
Below are brief descriptions of the three groups in this restoration reach.
Group A (completed in 2023)
Group A consists of restoration sites 1-5, which is the initial construction group. Restoration involved shaping the channel to increase hydraulic diversity and reconnect the stream to its floodplain. The instream habitat structures, expanded riparian area and erosion protection will allow for a healthier ecosystem without creating additional risk to landowners in the area.
Group B (The subject of this agenda item)
Group B consists of restoration sites 6-11. Restoration actions will be similar to Group A involving reshaping the creek channel and expanding the riparian corridor to create habitat diversity and reconnect the waterway to adjacent floodplains.
Group C (currently under construction)
Group C consists of restoration sites 12-14. Restoration actions are similar to Groups A and B involving reshaping the creek channel to increase habitat diversity, re-connecting the waterway to adjacent floodplains and the addition of an expanded alluvial floodplain/wetland complex just upstream Highway 29.
Requested Actions:
1. Approve and Authorize Funding Agreement No. 260130B (FC) with Clover Flat Land Fill, LLC
2. Approve Budget Amendment for the following:
a. Increase Revenue by $1,550,000 in Subdivision 8000500 Account 47500 – Donations/Contributions
b. Increase Appropriations by $1,550,000 in Subdivision 8000500 Account 52360 – Construction Services
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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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Construction of the Project is consistent with the direction from the Flood Board to accomplish watershed restoration projects of this type. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
The Project would be funded by CFLF and a portion on remaining Measure A funds. Long term maintenance would be funded by the OVOK Community Facilities District that was created and is managed by the District. |
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Consequences if not approved: |
The Project would not be funded by CFLF and the District would seek grant funds for implementation |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The project is the subject of a Mitigated Negative Declaration (SCH No. 20211090589), which was adopted by the Napa County Flood Control District on November 15, 2021. According to the Mitigated Negative Declaration, the proposed project would have, if mitigation measures not included, potentially significant environmental impacts in the following areas: Aesthetics, Biological Resources, Transportation/Traffic, Cultural Resources, and Air Quality. This project site is not on any of the lists of hazardous waste sites enumerated under Government Code section 65962.5.