TO: Napa County Flood Control and Water Conservation District
FROM: Richard Thomasser, District Manager
REPORT BY: Andrew Butler, District Engineer
SUBJECT: Amendment No 2. Agreement 220322B (FC) with Associated Right of Way Services

RECOMMENDATION
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Approve and authorize Amendment No. 2 to Agreement No. 220322B (FC) with Associated Right of Way Services (ARWS) for the Napa River/ Napa Creek Flood Protection Project - Floodwalls North of the Bypass (Project) to fund the consultants for Real Estate acquisition for the Project through FY 2024-25. (Fiscal Impact $700,000; Flood; Not Budgeted; Discretionary)
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BACKGROUND
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. Originally, the District planned to use the existing easement on the Lake Park levee to construct flood protection improvements in that area. After discussion with legal and land acquisition consultants, staff came to understand that this strategy was unlikely to be successful. The current project strategy includes formal acquisition of all necessary right-of-way for the flood protection improvements to provide the District with appropriate easements and fee areas instead of trying to reuse easements that were not created with the current project in mind. This updated approach resulted in increasing the total estimated acquisitions to 42 properties. Since then, an additional 4 properties have been added to the estimated acquisitions totaling 46 properties.
The Napa County Flood Control and Water Conservation Board approved the original Agreement No. 220322B (FC) on May 3, 2022, and the Amendment No. 1 on August 22, 2023.
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 Division 80010 |
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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 AR/WS’s efforts have been included in the FY 2024-25 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.