Time Set # 27.
Board of Supervisors
- Meeting Date:
- 01/24/2023
- Brief Title
- Public Hearing on Resolutions of Necessity for Huff's Corner Levee Repair Project
From:
Leslie Lindbo, Interim Director, Department of Community Services
Staff Contact:
Elisa Sabatini, Manager of Natural Resources, Department of Community Services, x5773
Supervisorial District Impact:
Districts 3 & 5
Subject
Hold a public hearing to consider adoption of two Resolutions of Necessity to acquire easement interests in portions of two properties (APN 025-320-005-000 and APN 027-180-019-000) by eminent domain for constructing, installing, repairing, and maintaining the Huff's Corner Levee Raise and Channel Reconfiguration Project. (No general fund impact) (4/5 vote required) (Lindbo/Razo/Sabatini)
Recommended Action
Staff recommends that the Board of Supervisors hold a public hearing and adopt Resolutions of Necessity (Attachments A and B) to acquire easement interests in portions of two properties (APN 025-320-005-000 and APN 027-180-019-000) by eminent domain for constructing, installing, repairing, and maintaining the Huff's Corner Levee Raise and Channel Reconfiguration Project.
Strategic Plan Goal(s)
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Safe Communities - Disaster emergency preparedness and resiliency - Infrastructure |
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County Mandated Service - The County is the designated Local Maintaining Agency for this portion of Cache Creek and is obligated to operate and maintain this levee segment in accordance with state and federal standards |
Reason for Recommended Action/Background
Background
The section of Cache Creek known as “Huff's Corner” is a small reach on the right bank extending approximately 2,700-feet upstream from Interstate 5 (I-5), north of Woodland, in unincorporated Yolo County. The levee at Huff’s Corner was initially constructed by the U.S. Army Corps of Engineers (USACE), although the precise date of construction is unknown. Topographic maps suggest this segment of the levee was constructed by 1951, although previous site records indicate it was constructed as early as 1938.
In October 2012, Yolo County, through the Central Valley Flood Protection Board (CVFPB), initiated the process of forming a Maintenance Area. The Maintenance Area was not formed due to the initial cost of completing the deferred maintenance required for the formation of a Maintenance Area which was prohibitive to Yolo County and local landowners. In early 2018, Yolo County initiated engineering recommendations to determine what would be required to catch up on the deferred maintenance of the Huff's Corner section of the levee.
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").
Project Description
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 the majority of costs to design and construct the Project are funded by FSRP, the County provides a significant share of costs in the form of direct expenditures and in-kind services with multiple Yolo County Staff.
There are two distinct components of this Project. The first is the levee “raise,” which is more accurately described as a restoration action to return the levee to the original design height. The second component is the Cache Creek channel reconfiguration. Project overview maps are provided as Attachment C to this staff report.
Levee Raise/Restoration
USACE Periodic Inspection Reports identify the entire 2,700-foot reach as being freeboard deficient (i.e., below the design height). The Project will raise the entire reach approximately 4.0 to 6.0 feet to meet the 1957 design profile, which includes 3-feet of freeboard (levee that is not underwater during a particular water level to which it is designed). County Road 18 is located on the levee crown over the western 1,100-feet of the proposed levee raise; the Project includes removal and replacement of the affected section of County Road 18. To accomplish this required elevation, the design includes widening the base of the levee on the land side by approximately 12 to 15 feet and reconstructing the subsided portion of the levee in the same location. The Project will also include a revised Operations & Maintenance (O&M) Easement corridor extending an additional 15 feet beyond the new land side toe of the levee. Furthermore, the portion of the levee that extends northward from the hairpin turn of County Road 18 to I-5 will be completely degraded down to level earth and a new levee will be built in the same location.
Channel Reconfiguration
The channel reconfiguration work was completed in December 2022. The in-channel work removed a large sediment bar and vegetated island from the channel and constructed a sacrificial terrace on the right (south) bank of the channel to reduce water velocity against the bank and direct flows to the center of the channel.
At issue in this public hearing is the levee raise/restoration portion of the Project.
Current Request - Acquisition of Easements for Project Construction, Operation, and Maintenance to Complete the Project
To complete the levee raise/restoration portion of the Project and for ongoing maintenance of the levee, the County needs to acquire easement interests on portions of three properties:
In October 2012, Yolo County, through the Central Valley Flood Protection Board (CVFPB), initiated the process of forming a Maintenance Area. The Maintenance Area was not formed due to the initial cost of completing the deferred maintenance required for the formation of a Maintenance Area which was prohibitive to Yolo County and local landowners. In early 2018, Yolo County initiated engineering recommendations to determine what would be required to catch up on the deferred maintenance of the Huff's Corner section of the levee.
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").
Project Description
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 the majority of costs to design and construct the Project are funded by FSRP, the County provides a significant share of costs in the form of direct expenditures and in-kind services with multiple Yolo County Staff.
There are two distinct components of this Project. The first is the levee “raise,” which is more accurately described as a restoration action to return the levee to the original design height. The second component is the Cache Creek channel reconfiguration. Project overview maps are provided as Attachment C to this staff report.
Levee Raise/Restoration
USACE Periodic Inspection Reports identify the entire 2,700-foot reach as being freeboard deficient (i.e., below the design height). The Project will raise the entire reach approximately 4.0 to 6.0 feet to meet the 1957 design profile, which includes 3-feet of freeboard (levee that is not underwater during a particular water level to which it is designed). County Road 18 is located on the levee crown over the western 1,100-feet of the proposed levee raise; the Project includes removal and replacement of the affected section of County Road 18. To accomplish this required elevation, the design includes widening the base of the levee on the land side by approximately 12 to 15 feet and reconstructing the subsided portion of the levee in the same location. The Project will also include a revised Operations & Maintenance (O&M) Easement corridor extending an additional 15 feet beyond the new land side toe of the levee. Furthermore, the portion of the levee that extends northward from the hairpin turn of County Road 18 to I-5 will be completely degraded down to level earth and a new levee will be built in the same location.
Channel Reconfiguration
The channel reconfiguration work was completed in December 2022. The in-channel work removed a large sediment bar and vegetated island from the channel and constructed a sacrificial terrace on the right (south) bank of the channel to reduce water velocity against the bank and direct flows to the center of the channel.
At issue in this public hearing is the levee raise/restoration portion of the Project.
Current Request - Acquisition of Easements for Project Construction, Operation, and Maintenance to Complete the Project
To complete the levee raise/restoration portion of the Project and for ongoing maintenance of the levee, the County needs to acquire easement interests on portions of three properties:
- APN 025-320-010, 15095 County Road 97A, Woodland, CA (Property Owners: Huff Family Trust)
- APN 025-320-005, 37687 County Road 18, Woodland, CA (Property Owners: Kimble L. Timothy and Patricia M. Timothy, Trustees of the Timothy Family Trust, established July 11, 2011)
- APN 027-180-019, 37902 County Road 18, Woodland, CA (Property Owners: M. Ghaffarzadeh and S. Varzegar, Trustees of the Mohammadreza and Sholeh Ghaffarzadeh Living Trust, dated November 1, 2017)
The County completed negotiations with the Huff Family Trust and the Board of Supervisors approved the acquisition of the necessary easement interests from the Huff Family Trust on November 22, 2022. As discussed further below, the County will continue negotiations with the Timothy and Ghaffarzadeh property owners but must move forward with the eminent domain process to acquire possession of the property while negotiations over compensation continue. Because the subject properties are within Yolo County, the County is authorized to acquire the necessary easement interests for the Project by eminent domain under California Government Code section 25350.5 and California Code of Civil Procedure sections 1240.010, 1240.040, and 1240.510.
The specific interests the County requires on portions of the Timothy and the Ghaffarzadeh properties are the following, which are generally depicted in Attachment C and further described in the exhibits attached to the Resolutions of Necessity (Attachments A and B):
The specific interests the County requires on portions of the Timothy and the Ghaffarzadeh properties are the following, which are generally depicted in Attachment C and further described in the exhibits attached to the Resolutions of Necessity (Attachments A and B):
- APN 025-320-005 (Timothy):
- Permanent levee easement, 0.15 acres +/-
- Permanent public utility easement (including a gas line), 0.07 acres +/-
- Permanent public utility easement (including a utility pole line), 0.30 acres +/-
- Temporary construction easement
- APN 027-180-019 (Ghaffarzadeh):
- Permanent levee easement, 0.64 acres +/-
- Permanent public utility easement (including a utility pole line), 0.68 acres +/-
APN 025-320-005 (Timothy)
The Timothy property is located at 37687 County Road 18 in Woodland, California. It consists of approximately 5.05 acres of land improved with a residence, a barn/shop building, a storage building, and ornamental olive trees. None of the structures are impacted by the proposed acquisition. However, certain trees will need to be removed and replaced as part of the Project.
The proposed acquisition consists of approximately 0.15 acres in permanent levee easement needed to repair and improve the levee and provide 15 feet from the landside levee toe for an O&M corridor. As part of the Project, utilities will be relocated, including a power pole and gas line. The proposed acquisition would include 0.07 acres needed to relocate the gas line and 0.30 acres for relocating the utility pole line. The acquisition also includes a temporary construction easement needed to perform the work.
APN 027-180-019 (Ghaffarzadeh)
The Ghaffarzadeh property is located at 37902 County Road 18 in Woodland, California. It consists of approximately 34 acres improved with a residence and various agricultural improvements. These improvements are not affected by the proposed acquisition. However, a pistachio tree, a planter box, and approximately eighteen (18) grape vines will be removed as part of the Project.
The proposed acquisition consists of approximately 0.64 acres in permanent levee easement needed to repair and improve the levee and provide 15 feet from the landside levee toe for an O&M corridor. As part of the Project, a utility line and pole will be relocated. The proposed acquisition includes 0.68 acres for relocating the utilities.
The Resolutions of Necessity
The adoption of a Resolution of Necessity is a necessary step in the process of acquiring property by eminent domain. See Code of Civil Procedure (CCP) § 1245.220. Notices advising the Timothy and Ghaffarzadeh's were mailed on January 3, 2023, which are incorporated herein by reference and available for review. Adoption of the Resolutions of Necessity requires the Board of Supervisors to make the following findings:
The Timothy property is located at 37687 County Road 18 in Woodland, California. It consists of approximately 5.05 acres of land improved with a residence, a barn/shop building, a storage building, and ornamental olive trees. None of the structures are impacted by the proposed acquisition. However, certain trees will need to be removed and replaced as part of the Project.
The proposed acquisition consists of approximately 0.15 acres in permanent levee easement needed to repair and improve the levee and provide 15 feet from the landside levee toe for an O&M corridor. As part of the Project, utilities will be relocated, including a power pole and gas line. The proposed acquisition would include 0.07 acres needed to relocate the gas line and 0.30 acres for relocating the utility pole line. The acquisition also includes a temporary construction easement needed to perform the work.
APN 027-180-019 (Ghaffarzadeh)
The Ghaffarzadeh property is located at 37902 County Road 18 in Woodland, California. It consists of approximately 34 acres improved with a residence and various agricultural improvements. These improvements are not affected by the proposed acquisition. However, a pistachio tree, a planter box, and approximately eighteen (18) grape vines will be removed as part of the Project.
The proposed acquisition consists of approximately 0.64 acres in permanent levee easement needed to repair and improve the levee and provide 15 feet from the landside levee toe for an O&M corridor. As part of the Project, a utility line and pole will be relocated. The proposed acquisition includes 0.68 acres for relocating the utilities.
The Resolutions of Necessity
The adoption of a Resolution of Necessity is a necessary step in the process of acquiring property by eminent domain. See Code of Civil Procedure (CCP) § 1245.220. Notices advising the Timothy and Ghaffarzadeh's were mailed on January 3, 2023, which are incorporated herein by reference and available for review. Adoption of the Resolutions of Necessity requires the Board of Supervisors to make the following findings:
- The public interest and necessity require the Project.
- The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury.
- The property sought to be acquired is necessary for the Project.
- The offer required by Section 7267.2 of the California Government Code has been made to the owner of record.
The amount of compensation the County ultimately pays to acquire the easement interests is not at issue in the Resolution of Necessity, only whether the County approves the filing of an eminent domain action to acquire the easements. The amount of compensation will be determined by settlement of the parties or in a jury trial following the adoption of the Resolution of Necessity.
To pass, the Resolution of Necessity requires a vote of two-thirds of all the members of the governing body, or 4 of 5 Supervisors. CCP § 1245.240. Separate motions are required for each Resolution of Necessity (Attachments A and B).
Here, the Project and the proposed acquisition of the Property satisfy all of the conditions required for the Board to make the necessary findings described above.
Finding 1: Public Interest and Necessity Require the Project
The public interest and necessity require acquisition of the Property for the Project. The purpose of the Project is to address deferred maintenance of the levee, restoring the height of the levee to address freeboard deficiencies, and provide the additional right of way necessary to maintain the levee. As discussed above, the levee base will be widened on the landside by approximately 12 to 15 feet to accommodate the additional levee height necessary to provide three feet of freeboard (levee that is not underwater during a particular water level to which it is designed), restoring additional flood protection for properties south of the levee, including the City of Woodland. Due to the levee widening on the landside of the levee, existing utilities will also need to be relocated outside the proposed new limits of the levee easement. The additional levee easements for each of the above properties encompass the additional area needed for levee operations and maintenance, and the public utility easements will accommodate the relocated utilities affected by the new levee easements.
Finding 2: Greatest Public Good and Least Private Injury
The subject properties are located adjacent to the existing levee and acquisition of additional easement area is necessary to accomplish restoration of the existing levee to its original design profile by raising the height of the levee back to its design height, which will provide three feet of freeboard. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury because the proposed easement acquisitions are limited in scope to what is necessary for the construction of the Project and the long-term operation and maintenance of the Cache Creek levee system. The Project also incorporated technical and safety considerations and multiple agency reviews regarding the need for the Project and Project design.
Finding 3: The Easements to be Acquired are Necessary for the Project
The Property is necessary for the Project because the restoration of the levee to its design height and correction of the existing freeboard deficiencies cannot be accomplished without widening the land-side base of the levee, as further described above. The additional utility easements are necessary to accommodate the expansion of the levee base and necessary operations and maintenance corridor. The proposed easements will allow adequate room for the Project's construction, maintenance, inspections, and levee repairs.
Finding 4: Offer Made to Owner Pursuant to Gov. Code § 7267.2
In accordance with state and federal requirements for property acquisition, just compensation was established by the County based on independent appraisals prepared by a certified appraiser, Michael Pattison, SR/WA of Pattison & Associates, offers were delivered to the property owners. Since that time, staff has worked with the affected property owners and exchanged offers but have been unable to reach an agreement with the Timothy's and Ghaffarzadeh's to date. The written offer packages and correspondence with the property owners are available for review.
The Eminent Domain Process
Should the Board decide to adopt the Resolutions of Necessity, the County’s attorneys would file complaints in eminent domain in Yolo Superior Court and serve a summons and complaint on all persons having an interest in the respective real properties. See CCP §§ 1250.110, 1250.120. To avoid any delay in implementing the Project, the County anticipates filing a motion for prejudgment possession soon after filing and serving the complaint – called a “quick take” procedure – to allow the County to take possession of the various easements and commence construction while the parties continue to try and resolve the amount of just compensation owed to the property owners. CCP § 1255.410. A hearing will then be scheduled before the court approximately 90 days after the motion for prejudgment possession is filed. CCP § 1255.410. Prior to filing the motion for prejudgment possession, the County would need to deposit the full amount of the County’s appraisals with the Treasurer of the State of California. See CCP § 1255.010. If the Superior Court grants the County’s motion for possession, the property owners may withdraw the County’s deposit of just compensation.
Following resolution of the motion for possession, the case would be set for trial. Prior to the trial, the parties would depose each other’s appraisal witnesses to learn what evidence each party intends to present at the trial. The Court would then hold a final settlement conference. If the parties are unable to reach a settlement, there would be a trial to determine the amount of just compensation for the Property. However, as stated above, commencement of litigation will not end the County’s efforts to reach a negotiated agreement.
Environmental Review
On June 7, 2022, in compliance with the California Environmental Quality Act (CEQA), the Board of Supervisors approved an Initial Study/Mitigated Negative Declaration (IS/MND) to evaluate the environmental effects of the Project and incorporated mitigation measures to reduce or eliminate any potential significant project-related impacts with approval of a Mitigation Monitoring and Reporting Program. The County filed a Notice of Determination in accordance with CEQA on or about June 8, 2022.
Documents Incorporated Into This Report
First Written Offer Packages
Correspondence with Property Owners
Notices of Resolution of Necessity Hearing, dated January 3, 2023
Project Plans for the Huff’s Corner Levee Maintenance
Initial Study / Final Mitigated Negative Declaration
Notice of Determination
To pass, the Resolution of Necessity requires a vote of two-thirds of all the members of the governing body, or 4 of 5 Supervisors. CCP § 1245.240. Separate motions are required for each Resolution of Necessity (Attachments A and B).
Here, the Project and the proposed acquisition of the Property satisfy all of the conditions required for the Board to make the necessary findings described above.
Finding 1: Public Interest and Necessity Require the Project
The public interest and necessity require acquisition of the Property for the Project. The purpose of the Project is to address deferred maintenance of the levee, restoring the height of the levee to address freeboard deficiencies, and provide the additional right of way necessary to maintain the levee. As discussed above, the levee base will be widened on the landside by approximately 12 to 15 feet to accommodate the additional levee height necessary to provide three feet of freeboard (levee that is not underwater during a particular water level to which it is designed), restoring additional flood protection for properties south of the levee, including the City of Woodland. Due to the levee widening on the landside of the levee, existing utilities will also need to be relocated outside the proposed new limits of the levee easement. The additional levee easements for each of the above properties encompass the additional area needed for levee operations and maintenance, and the public utility easements will accommodate the relocated utilities affected by the new levee easements.
Finding 2: Greatest Public Good and Least Private Injury
The subject properties are located adjacent to the existing levee and acquisition of additional easement area is necessary to accomplish restoration of the existing levee to its original design profile by raising the height of the levee back to its design height, which will provide three feet of freeboard. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury because the proposed easement acquisitions are limited in scope to what is necessary for the construction of the Project and the long-term operation and maintenance of the Cache Creek levee system. The Project also incorporated technical and safety considerations and multiple agency reviews regarding the need for the Project and Project design.
Finding 3: The Easements to be Acquired are Necessary for the Project
The Property is necessary for the Project because the restoration of the levee to its design height and correction of the existing freeboard deficiencies cannot be accomplished without widening the land-side base of the levee, as further described above. The additional utility easements are necessary to accommodate the expansion of the levee base and necessary operations and maintenance corridor. The proposed easements will allow adequate room for the Project's construction, maintenance, inspections, and levee repairs.
Finding 4: Offer Made to Owner Pursuant to Gov. Code § 7267.2
In accordance with state and federal requirements for property acquisition, just compensation was established by the County based on independent appraisals prepared by a certified appraiser, Michael Pattison, SR/WA of Pattison & Associates, offers were delivered to the property owners. Since that time, staff has worked with the affected property owners and exchanged offers but have been unable to reach an agreement with the Timothy's and Ghaffarzadeh's to date. The written offer packages and correspondence with the property owners are available for review.
The Eminent Domain Process
Should the Board decide to adopt the Resolutions of Necessity, the County’s attorneys would file complaints in eminent domain in Yolo Superior Court and serve a summons and complaint on all persons having an interest in the respective real properties. See CCP §§ 1250.110, 1250.120. To avoid any delay in implementing the Project, the County anticipates filing a motion for prejudgment possession soon after filing and serving the complaint – called a “quick take” procedure – to allow the County to take possession of the various easements and commence construction while the parties continue to try and resolve the amount of just compensation owed to the property owners. CCP § 1255.410. A hearing will then be scheduled before the court approximately 90 days after the motion for prejudgment possession is filed. CCP § 1255.410. Prior to filing the motion for prejudgment possession, the County would need to deposit the full amount of the County’s appraisals with the Treasurer of the State of California. See CCP § 1255.010. If the Superior Court grants the County’s motion for possession, the property owners may withdraw the County’s deposit of just compensation.
Following resolution of the motion for possession, the case would be set for trial. Prior to the trial, the parties would depose each other’s appraisal witnesses to learn what evidence each party intends to present at the trial. The Court would then hold a final settlement conference. If the parties are unable to reach a settlement, there would be a trial to determine the amount of just compensation for the Property. However, as stated above, commencement of litigation will not end the County’s efforts to reach a negotiated agreement.
Environmental Review
On June 7, 2022, in compliance with the California Environmental Quality Act (CEQA), the Board of Supervisors approved an Initial Study/Mitigated Negative Declaration (IS/MND) to evaluate the environmental effects of the Project and incorporated mitigation measures to reduce or eliminate any potential significant project-related impacts with approval of a Mitigation Monitoring and Reporting Program. The County filed a Notice of Determination in accordance with CEQA on or about June 8, 2022.
Documents Incorporated Into This Report
First Written Offer Packages
Correspondence with Property Owners
Notices of Resolution of Necessity Hearing, dated January 3, 2023
Project Plans for the Huff’s Corner Levee Maintenance
Initial Study / Final Mitigated Negative Declaration
Notice of Determination
Collaborations (including Board advisory groups and external partner agencies)
Staff have collaborated with the Cache Creek Flood Ad Hoc Subcommittee (Districts 3 & 5), Office of the County Counsel, the Central Valley Flood Protection Board, the State Department of Water Resources, the US Army Corps of Engineers, the Yolo Habitat Conservancy, the Yocha Dehe Wintun Nation, and all affected and adjacent landowners.
Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
- Total cost of recommended action:
- $ 0
- Amount budgeted for expenditure:
- $ 2,845,000
- Additional expenditure authority needed:
- $ 0
- One-time commitment:
- Yes
Source of Funds for this Expenditure
- General Fund
- $0
- CCRMP fund
- $426,750
- State grant
- $2,418,250
Attachments
- Att. A. Resolution (Timothy)
- Att. B. Resolution (Ghaffarzadeh)
- Att. C. Project Overview Maps
- Att. D. Presentation
- Att. E. Correspondence from Kimble L. Timothy and Patricia M. Timothy
- Att. F. M. Ghaffarzadeh and S. Varzegar
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Kimberly Hood | Kimberly Hood | 01/18/2023 12:41 PM |
| County Counsel | Kimberly Hood | 01/18/2023 02:35 PM |
- Form Started By:
- esabatini
- Started On:
- 01/05/2023 10:54 AM
- Final Approval Date:
- 01/20/2023