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What will/will not be allowed after project?

See Landscaping, no permanent structures allowed within permanent easement area.

These real estate negotiations are more complex than I am comfortable entering into without some counsel. And while I don’t think the County or Flood Zone is out to get anybody, County Counsel will have a duty to the Flood Zone and my interests may not be entirely aligned. Before I record a permanent easement I would like to have some advice from an attorney skilled in this area. Will I be expected to bear those costs as well?

Attorney fees are not reimbursable. If at the time the District enters into negotiations any of the conditions outlined below in the Code of Civil Procedure 1263.025 are met, the homeowner could get their own appraisal and the District would reimburse reasonable costs up to $5,000. (a) A public entity shall offer to pay the...

What if a homeowner says no to the easement? The project apparently requires participation from 100% of creekside homeowners in Zone 7. What happens if a homeowner declines the offer?

If the project receives CEQA approval and funding and the Board of Supervisors decides to authorize implementing construction of the project then the District may elect to use its powers of Eminent Domain as established in the US Constitution, Federal code, State code, and Water Code Appendix 68-5.13 to acquire the necessary easement for the...

Will the homeowner be liable for damages caused by construction or failure of the levee?

The property owner would not be liable for construction or actions of the District related to the easement and its improvement constructed therein.

What about an accident during construction or maintenance of the levee?

The District will become liable for incidents that occur within its easement during and after construction of the project with certain exceptions where the property owner or third party were negligent or purposely caused the incident.

How will liability after the easement be different than it is today?

The District has no permanent right to perform maintenance so acquiring a permanent easement will make the District responsible for the permissions and uses granted by the Easement Deed and carry the associated liability.

I do not understand how boundaries of the easement areas are to be determined and located onto the title report parcel map. Exactly who determines if the existing levee is actually on our property and exactly where it is located in relationship to the property boundaries on the ground and in the title report. Is this being done by a licensed surveyor?

The survey work is being done by a licensed surveyor. Matt Vander Dussen works for GHD. In 2019 Matt conducted a topographic survey of the project area using a combination of Drone LiDAR, photogrammetry, and traditional survey methods. One deliverable from this work was a digital shapefile of the levee/TRB centerline. In 2020 this work...

Does the process involve physically staking out the title report parcel boundaries on the ground and then measuring the distance from the parcel boundary to the existing levee boundary?

This is not the method used to determine the spatial relationships, their locations were surveyed independently as described above, but having everything in digital format allows these areas and distances to be measured.

Surveys are absolutely crucial. We need to be confident of the process which locates our property lines and existing TRB boundary lines on the ground before any 10 foot wide easement negotiation begins. It also needs to be a process that would be accepted by existing lenders and by prospective lenders when we need to refinance or sell our property.

The survey was done according to best practice standards by licensed land surveyors.

Re the statement: “In lieu of staking, exhibits show the parcel boundary, proposed easements, levee centerline, and aerial imagery.” Does this mean that the parcel, and easement boundaries will be superimposed on an aerial photo?

Yes.

Does “easements” include the temporary construction easement as well as the permanent easement?

Yes.

There is a lot confusion, uncertainty, and fear regarding the location of the temporary easement.

It has been difficult to describe the temporary easements (TCE’s) in a generalized way because they will be negotiated and delineated based on the available space within backyards and side yards. This will be better understood after the appraisal meetings with homeowners in which potential work areas and impediment are identified. The District needs to...

Will the temporary easement also be centered on the existing levee, or will it be 15 ft on the landside as shown in one diagram?

The TCE’s will not overlap the permanent easements, so it will be the latter.

Will all structures and trees have to be removed within that temporary easement area?

No. Trees or structures that can be worked around can remain within the TCE’s. The goal will be to disturb as little as possible during construction.

The previous installation and repair of the TRB did not require large equipment, however there was large equipment used for the prototype. Will large construction equipment have to be used for the new synthetic structure? If so, how will it be brought into our backyards?

TCE’s may include driveways or side yards to connect the work area to Vendola Drive for equipment and material access purposes. These temporary access areas might be located every 5 or so houses depending on the location along the project and ease of access to the levee. The access needs will be identified and negotiated...

Proposed Santa Venetia Floodwall Project existing elevations and berm condition

A levee and timber-reinforced berm sits behind homes on Vendola Drive. The timber-reinforced berm was installed in 1983 by Flood Control Zone 7 after devastating and widespread floods happened two years in a row in Santa Venetia. The purpose of the timber-reinforced berm is to prevent flooding when the tides in Las Gallinas Creek reach...

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