Approve agreement with Mohammadreza Ghaffarzadeh and Sholeh Varzegar, Trustees of the Mohammadreza and Sholeh Ghaffarzadeh Living Trust dated November 1, 2017, in the amount of $65,000 for acquisition of permanent easements on a portion of APN 027-180-019 for the Huff's Corner Channel Realignment and Levee Repair Project; and authorize the Director of Public Works to sign the agreement and take the administrative actions necessary to complete acquisition of the easements. (No general fund impact) (Lindbo/Sabatini)

Permanent levee and public utility easements are necessary on a portion of APN 027-180-019 (37092 County Road 18, Woodland, CA) (“the Property”) for the Huff’s Corner Levee Raise and Channel Reconfiguration Project ("Project"). 

The Project
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 U.S. Army Corps of Engineers (“USACE”) constructed the current levee on a portion of the Property (an approximate 0.3-mile stretch) in the 1960s based upon the 1957 USACE design standards.  USACE Periodic Inspection Reports have identified this stretch of the levee as being freeboard deficient (i.e., below the 1957 USACE design height).  Deferred maintenance was also identified, resulting in the identification of two major improvement projects: (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 Project. 

Levee Raise/Restoration
The levee “raise” is more accurately described as a restoration action to return the levee to the 1957 USACE design height.  The Project will raise the levee on the Property 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). 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. 

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. 

Acquisition of the Easements
The Board adopted a Resolution of Necessity (Resolution No. 23-15) on January 24, 2023 to acquire the necessary easements for the levee restoration portion of the Project from the Property’s owners, Mohammadreza Gaffarzadeh and Sholeh Varzegar, Trustees of the Mohammadreza and Sholeh Ghaffarzadeh Living Trust dated November 1, 217.  The County filed an eminent domain action shortly thereafter (Case No. CV2023-0194).  The parties have been trying to negotiate a settlement of the action since that time. 

The County and the Property Owners have reached an agreement, which is set forth in the Agreement for Purchase of Interest in Real Property (Attachment A).  The County initially offered the Property Owners $23,600 based upon an independent appraisal.  The attached agreement provides for a total compensation of $65,000 to account for the acquisition of additional easement area and all other Project-related impacts.  The grant deeds that will be recorded upon close of escrow are the levee easement (Exhibit 1 to the Agreement) and the public utility easement (Exhibit 2 to the Agreement).  In addition, other items in the agreement include well testing, regular levee maintenance, installation of certain ramps (depicted in Exhibit 3 to the Agreement), and grubbing of pistachio trees that need to be removed.

Approving the Agreement (Attachment A) and completing the acquisition of the necessary levee and public utility easements for the Project will allow the County to dismiss the pending eminent domain action once escrow closes and proceed with the Project.  Dismissal of the eminent domain action will further save the County and the Property Owners the additional time and expense of continued litigation.

County Counsel approved the agreement as to form. Staff and the County's Project engineer, Tom Engler (MBK), and outside counsel, Scott McElhern (Downey Brand), have collaborated extensively with the subject property owner.