Approve agreement with Hershey Land Company Row Crop, LLC, in the amount of $148,687.50, for purchase of a permanent flood control easement for the Knights Landing Flood Management - Mid-Valley Site 11 Project; and authorize the Interim Director of Public Works to sign the agreement and take the administrative actions necessary to complete the acquisition of the easement. (No general fund impact) (Lindbo/Sabatini)

In 2017, Yolo County received a $500,000 grant from the California Department of Water Resources' ("DWR") Small Communities Flood Risk Reduction Program ("SCFRRP") to complete a feasibility study of structural and non-structural actions that could reduce flood risk to the town of Knights Landing. The County prepared the 2019 Knights Landing Small Community Flood Risk Reduction Feasibility Study as a deliverable for the grant.

In 2020, the County received $15,866,400 in additional grant funding from DWR as part of Phase 2 of the SCRFFP to implement the Knights Landing Flood Management Project ("Project").  The Project contains the design of levee improvements along the Knights Landing Ridge Drainage District, drainage infrastructure improvements within the town of Knights Landing, and levee improvements along the County Service Area No. 6 (“CSA-6”) levee.  These efforts are required to improve the conditions of the existing State Plan of Flood Control levees that protect Knights Landing and are aimed at reducing or preventing flooding to a population of 995 County residents, approximately 321 structures, and 3,400 acres of prime agricultural lands.

Project Description
The Sacramento River Mid-Valley Levee Site 11 (“Site 11”) is a localized portion of the CSA-6 levee approximately 2 miles upstream of the Fremont Weir and is the focus of this staff report. The site starts approximately 1,200 feet downstream of Levee Mile 4.3 on the CSA-6 levee and extends 1.05 miles downstream to Levee Mile 5.35 along County Road 116B. An exhibit depicting the location of Site 11 has been included with the staff report (Att. A).  Levee improvement work at Site 11 will consist of installing a drained seepage-stability berm and will further involve (1) widening the levee and constructing a drained seepage-stability berm on the landside toe of the levee, (2) relocating drainage ditches, and (3) reseeding the berm with native vegetation to reduce erosion.

The mitigation plan for the full length of Site 11, which is 5,476 feet, is to construct a drained stability berm along the entire landside levee slope to meet United States Army Corps of Engineers (“USACE”) criteria for through seepage. A seepage berm would be constructed in addition to this stability berm, extending landward from the stability berm, along the upstream 3,266 linear feet of this levee segment to meet USACE criteria for under seepage.  The levee segment with the drained stability berm only (i.e., without the seepage berm) will be along the downstream 2,210 linear feet Site 11. The top width of the stability berm will extend approximately 14 feet from the existing landside hinge point at an elevation matching the existing levee crest with a 2% cross-fall to the new landside hinge point and a new landside slope at a grade of 2.5H:1V. The seepage berm width will extend at a minimum of 60 feet from the existing landside levee toe, with a minimum thickness of 5 feet at the levee toe and tapering to a 3-foot minimum thickness at the seepage berm toe. The stability berm will overlay a 1.5-foot-thick bedding of filter material placed on the prepared landside slope surface, while the seepage berm will overlay a 1.5-foot-thick drain rock layer placed on the prepared landside area.

The permanent flood control easement affixed to the agreement for purchase of interest in real property pending Board of Supervisors approval (more information below) allows for a 15-foot-wide maintenance/utility road along the landside toe of the seepage-stability berm. This maintenance road will be used for future operations and maintenance activities.

Lastly, the levee crown along Site 11 will be expanded 14 feet to provide parking for people accessing the Sacramento River, eliminate an existing safety hazard caused by road blockages, prevent damages to the waterside levee slope, and accommodate an existing recreational use.

The seepage-stability berm at Site 11 will require extending the existing irrigation facilities (ditches, piping, etc.) currently located at the toe of the levee to outside the Project footprint. Parallel to the landside of the levee are 8 power poles, with overhead lines of an unknown voltage that are located at the landside levee toe and, thereby, within the footprint of the proposed seepage berm. Staff continues to coordinate with PG&E for all relocation efforts to the project maintenance road/utility corridor prior to project construction.

Environmental Review

An Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project was adopted by the Board of Supervisors on February 8, 2022 (Minute Order No. 22-15; Item No. 11).  A Notice of Determination was filed with the County Clerk-Recorder and the State Clearinghouse in compliance with Section 21152 of the Public Resources Code on February 9, 2022 (Yolo County Recorder Document No. 57-02092022-018; State Clearing House No. 2021120063).

Real Estate Needs
In order to construct the levee improvements at Site 11, as well as maintain the area after Project completion, a permanent drainage easement is required on an approximately 510-acre tract of agricultural land located adjacent to the Sacramento River (APN 057-010-002). The property is owned by Hershey Land Company Row Crop, LLC. The Mid-Valley Site 11 project is located along the northern boundary of the property where the property lines extend over the existing levee. The required easement area is approximately 3.84 acres.

An independent appraisal was prepared by Pattison & Associates, Inc. to determine the value of the easement interests the County must acquire for the Project. In accordance with federal requirements for property acquisition, just compensation was established by the County based on this appraisal. Per the County/DWR Funding Agreement, the State reviewed and accepted the appraisal. County staff and its consultant team worked with the landowner to come to a mutually acceptable agreement for purchase of the easement and just compensation.

Current Request
At this time, Staff is requesting that the Board of Supervisors approve the agreement with Hershey Land Company Row Crop, LLC, in the amount of $148,687.50.  The agreement includes the costs associated with the acquisition of 3.84 acres of a Permanent Flood Control Easement Deed ($67,200.00) and for Cost-to-Cure associated with the re-installation of above- or below-ground irrigation pipes, drip systems and irrigation equipment outside the project footprint ($81,487.50).  A copy of the agreement has been included with the staff report (Att. B).

Additionally, Staff is requesting the Board authorize the Interim Director of Public Works to sign the agreement, approve payment, open escrow, accept the easement, record the deeds once the signed deeds have been received and escrow has closed, and take other actions necessary to complete the acquisition of the easements.

Department of Community Services staff and its Knights Landing Flood Management Project consultant team, specifically MBK Engineers and Monument Row, Inc., collaborated with the Office of County Counsel and the property owner on this item.