Approve agreement with C. Don Huff, Jr., Trustee of the Marital Trust under the C. Don Huff, Jr. and Mary K. Huff Family Trust dated November 10, 2003 as to an undivided one-half (1/2) interest and Trustee of the Survivor’s Trust under the C. Don Huff, Jr. and Mary K. Huff Family Trust dated November 10, 2003 as to an undivided one-half (1/2) interest for $12,500 to acquire a permanent Levee and Public Utility easement for the Huff’s Corner Levee Raise and Channel Reconfiguration Project. (No general fund impact) (Echiburú/Razo)

Approval of the agreement and recording the deeds will allow staff to process the right of way acquisition in a timely manner.  Delay of right of way acquisition can potentially jeopardize the funds allocated by the California Department of Water Resource to construct the levee raise and also impact the 2023 construction schedule.
 
BACKGROUND
 
In October 2012, Yolo County, through the Central Valley Flood Protection Board (CVFPB), initiated the process of forming a CVFPB-recognized Maintenance Area for the levees along the Huff’s Corner section of Cache Creek.  However, the Maintenance Area was not formed because the initial cost of completing the deferred maintenance that would be required for the formation of a Maintenance Area was prohibitive to Yolo County and local landowners.  In early 2018, Yolo County investigated engineering recommendations to determine what would be required to catch up on the deferred maintenance.  In addition to the deferred maintenance, two major improvement projects were identified: (1) a raise of the entire reach of levee to restore it to original design height; and (2) a channel reconfiguration to control erosion and remove excess sedimentation. These components are collectively referred to as the Huff’s Corner Levee Raise and Channel Reconfiguration Project (Project).
  
The Project was developed by Yolo County and is funded through a cost-share grant administered by the California Department of Water Resources (DWR) via their Flood System Repair Program (FSRP) – contract Number 460013693.  While most costs to design and construct the Project are funded by FSRP, Yolo County provides a significant share of costs in the form of direct expenditures and in-kind services with multiple Yolo County staff and its consultants.
 
The project is located along a small reach on the right bank of Cache Creek extending approximately 2,700-feet upstream from Interstate 5 (I-5), north of Woodland, in unincorporated Yolo County.  The Project involves the raising of the 2,700-foot section of the levee system by 4 to 6 feet to restore the levee to its original 1957 design profile, which includes 3 feet of freeboard.  To accomplish this required elevation, the levee base will be widened on the landside by approximately 12 to 15 feet.  The project will include a revised Levee easement corridor extending an additional 15 feet beyond the new landside toe of the levee.  Due to the widening on the landside, existing utilities will need to be relocated outside the new limits of the Levee easement.  The Levee easement encompasses the additional area needed for levee operations and maintenance, and the Public Utility easement will accommodate the relocated underground facilities.
 
In accordance with federal requirements for property acquisition, just compensation was established by the County based on the approved appraisal and an offer was delivered to the owner on January 21, 2022 for a Levee easement and a Public Utility easement.  Since that time, staff has worked with the property owner to reach acceptable terms as shown in the attached Agreement.