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Regular-Community Services # 29.
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| Board of Supervisors |
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| Subject |
| Approve applicant's request to allow an existing unpermitted gate to remain installed across County Road 16 right-of-way, northeast of Woodland, and approve request to close County Roads 117 and 22 (Old River Road), east and northeast of Woodland during flood stage of the Sacramento River. (No general fund impact) (Echiburu) |
| Recommended Action |
- Approve applicant’s request to process an encroachment permit application to allow an existing un-permitted gate to remain installed across County Road 16 right-of-way, northeast of Woodland;
- Permit said gate installed across County Road 16, with the gate remaining open for public access, except in the following specific circumstances:
- The water elevation at the Fremont Weir monitoring gauge on the Sacramento River reaches 34.00 feet (North American Vertical Datum, NAVD88). The gate may remain closed by RD 1600 until the Sacramento River level goes below 34.00 feet.
- The Road Commissioner permits Reclamation District 1600 to close the gate ahead of a forecasted major weather event or during other disasters or emergencies.
- Once the applicant provides confirmed gate access to the required agencies and individuals, and provides a $3,000.00 work order deposit (Public Works Project No. PW2017-0004) toward the County’s actual cost of installing new traffic signs, direct staff to assemble and issue an encroachment permit to Reclamation District 1600 permitting the gate, containing conditions for the applicant to: operate per the stated conditions in Recommended Action B above, maintain the gates going forward, provide gate access to the required entities, and reimburse the County for all traffic sign work associated with permitting the gates going forward;
- Consider the applicant’s request for closing County Road 117 and County Road 22 (Old River Road), east and northeast of Woodland, to through traffic during certain flood-fighting situations; and
- In order to provide safer flood fighting circumstances for Reclamation District Nos. 537, 785, 827, and 1600, during emergency flood events at which time the Reclamation Districts begin four levee inspection patrols per day, allow the Reclamation Districts to close County Road 117, and County Road 22 from County Road 118 to County Road 126, to public through traffic in either of the following circumstances:
- The water elevation at the Fremont Weir monitoring gauge on the Sacramento River reaches 37.50 feet (NAVD88). The closure may remain in effect until the Sacramento River level goes below 37.50 feet.
- The Road Commissioner permits road closure ahead of a forecasted major weather event.
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| Strategic Plan Goal(s) |
Operational Excellence
Safe Communities |
| Reason for Recommended Action/Background |
An application has been submitted requesting permission from the Board of Supervisors to allow an unpermitted gate to remain across county right-of-way on County Road (CR) 16. See Attachment A for a Location Map. The gate was installed by Reclamation District No. 1600 (RD 1600) to prevent damage to CR 16 and to discourage public access to the Yolo Bypass east levee during emergency flood-fighting situations. If the Board allows the gate, an encroachment permit will need to be issued to RD 1600 for ongoing operations and maintenance of the gate.
The application also contains a request to allow the Reclamation Districts to close CR 117 and CR 22 during a Sacramento River flood stage emergency. Portions of CR 117 and CR 22 are constructed on the top of the southern levee of the Sacramento River. Allowing closure during such an emergency will allow District staff to safely inspect the levees without the presence of high-speed public traffic.
BACKGROUND
On March 9, 2017, County staff received a complaint from the California Department of Fish and Wildlife that access to the Fremont Weir Wildlife Area had been blocked due to a new, locked gate on County Road (CR) 16, approximately ¾-mile west of CR 117. County staff investigated the complaint and confirmed the gate as an un-permitted encroachment within county right-of-way. See Attachment B for a Vicinity Map, and Attachment C for a photo of the gate.
Per California Streets and Highways Code Section 1486, new gates are not allowed on any county highway except those allowed by the Board of Supervisors. According to Book B of Board of Supervisors Minutes, Page 355, the portion of CR 16 between the Sacramento River and the Yolo Bypass, was established as a 60-foot wide public road on August 7, 1865.
RD 1600 was notified by staff that they needed to restore public access immediately, and to submit an encroachment permit application if RD 1600 wished to have the Board of Supervisors consider approval of the gate; otherwise it needed to be removed. On April 19, 2017, RD 1600 submitted an encroachment permit application for the gate across county road right-of-way. To staff’s knowledge, the gate has been left open since that date. Staff has periodically visited the site to confirm that the gate is open.
The applicant is requesting permission to leave the gate installed in order to prevent damage to the gravel section of CR 16 (the only public road between the Yolo Bypass east levee and the Sacramento River), and to discourage public access and parking on top of the Yolo Bypass east levee during emergency flood-fighting situations. In the application package, RD 1600 provided a proposal for gate operational parameters. County staff reviewed this request (see Attachment D). Based on feedback from California Department of Fish and Wildlife (CDFW), RD 1600, and comments from the public that utilize the wildlife area, County staff proposes that the gate remain open for public access, except in the following circumstances:
- The water elevation at the Fremont Weir monitoring gauge on the Sacramento River reaches 34.00 feet (North American Vertical Datum, NAVD88). This is a scenario in which there is an approximate two-foot depth of water flowing over the Fremont Weir into the Yolo Bypass. The gate may remain closed by RD 1600 until the Sacramento River level goes below 34.00 feet.
- The Road Commissioner permits Reclamation District 1600 to close the gate ahead of a forecasted major weather event or during other disasters or emergencies.
The gate can be managed by four different locks. There are at least four entities that would require access through the gate: RD 1600 for levee maintenance and patrol, California Department of Water Resources, CDFW, and the Elkhorn Fire Protection District. The applicant would be conditioned to provide continuous access to the above-mentioned entities, Yolo County Community Services, landowners west of the gate, and any emergency responders. The applicant has provided both County staff and CDFW staff the existing lock code for the gate.
The applicant would be responsible to reimburse the County for the installation of new traffic warning signs necessary to appropriately notify approaching motorists of the gated road section. The applicant would also be responsible for the ongoing operation and maintenance for the gate, as well as reimburse the County for the ongoing maintenance of traffic signs at the gate and warning signs ahead of the gate in both directions.
County staff would endeavor to note on the County’s Road Closures webpage when CR 16 would be closed. County staff will also notify CDFW upon closure to ensure that the Fremont Weir Wildlife Area webpage is updated to reflect current road conditions. There is nothing to prevent the public from accessing the wildlife area via foot or other non-motorized means during closures.
In addition to the gate permission request, RD 1600 has requested, also on the behalf of Reclamation District Nos. 537, 785, and 827, that the Reclamation Districts be allowed to close CR 117 and CR 22 during flood stage of the Sacramento River. Levee inspections require Reclamation District staff to drive vehicles at slow speeds on these 55-mph levee roads to spot any concerns. County staff reviewed this request (see Attachment D) and proposes the following arrangement:
“In order to provide safer flood fighting circumstances for Reclamation District Nos. 537, 785, 827, and 1600, during emergency flood events at which time the Reclamation Districts begin four levee inspection patrols per day, allow the Reclamation Districts to close County Road 117, and County Road 22 from County Road 118 to County Road 126, to public through traffic in either of the following circumstances:
- The water elevation at the Fremont Weir monitoring gauge on the Sacramento River reaches 37.50 feet (NAVD88). The closure may remain in effect until the Sacramento River level goes below 37.50 feet.
- The Road Commissioner permits road closure ahead of a forecasted major weather event.”
Closures would be implemented and maintained by Reclamation District staff, and all materials, including all advance warning and closures signage, would need to be done per the California Manual on Uniform Traffic Control Devices (MUTCD).
Estimated Frequency of Closure
While it is impossible to predict the frequency, depth, or duration of future flood events, staff reviewed historical flood data for the Fremont Weir going back to the flood of 1986. Applying the criteria proposed above, the proposed road closures would have been in effect as shown in the table below.
| 34 feet (CR 16) |
37.5 feet (CR 117/CR 22) |
| 2017 |
2017 |
| 2016 |
No |
| 2013 |
No |
| 2006 |
2006 |
| 1997 |
1997 |
| 1986 |
1986 |
*Data obtained from the California Nevada River Forecast Center operated by the Nationl Oceanic and Atmospheric Administration (NOAA).
As shown above, applying the proposed criteria to historical flood data would have resulted in CR 16 being closed 6 times over the past 30 years, while CR 117 and CR 22 would have been closed during 4 flood events over the past 30 years.
County staff would endeavor to note on the County’s Road Closures webpage when CR 117 and CR 22 would be closed and would also notify CDFW so that their website can be updated accordingly.
CEQA
The proposed action is not subject to the California Environmental Quality Act (CEQA) per the "general rule" exemption (Section 15061(b)(3)) which states, "where t can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA". |
| Collaborations (including Board advisory groups and external partner agencies) |
California Department of Fish and Wildlife
County Administrator’s Office, Natural Resources
Yolo County Office of Emergency Services
Tuleyome, non-profit conservation organization
Landowners within the Elkhorn basin
The California Department of Fish and Wildlife, the California Department of Water Resources, and Reclamation District No. 1600 will each be notified of the Board’s consideration of this gate via email a week prior to the meeting. |
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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Explanation (Expenditure and/or Revenue) |
| Further explanation as needed: |
| The applicant paid fees per the Master Fee Schedule for processing these actions. |
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