The County’s current agricultural mitigation policy was established in 2008 by Ordinance No. 1372, the substance of which generally reflected in Yolo County Code Section 8-2.2416 (entitled “Agricultural Conservation Easement Program”). That ordinance requires a project that converts agricultural land to mitigate the loss of agricultural resources by preserving farmland of like or better quality on at least an acre-for-acre basis (a 1:1 mitigation ratio). In addition, relying on its ability to impose mitigation pursuant to the California Environmental Quality Act, the County has also applied this requirement to projects that are not covered by the ordinance.
For projects of less than five acres, the County allows applicants to pay a fee in lieu of purchasing conservation easements. The fee program is described in Ordinance No. 1373, also adopted in 2008.
The County’s mitigation program is supported by various policies in the County General Plan. The General Plan also supports performing a feasibility study of changes to the existing program—specifically, to determine whether a mitigation ratio of greater than 1:1 for loss of agricultural land is warranted for some or all urban development projects in the County.
To implement this General Plan policy, the Office of the County Counsel drafted a request for proposals for a study and certain related work to support the evaluation of an increased mitigation ratio. An excerpt from the RFP is attached hereto as Attachment B. The Agricultural Commissioner and the Planning and Public Works Department also provided input into the content of the RFP, and an outside law firm (the Sohagi Law Group) with expertise in land use and mitigation programs was also retained to assist in developing the RFP and providing related legal advice.
Two firms submitted proposals in response to the RFP: the Hausrath Economics Group, and Economic and Planning Systems. Both proposals were thorough and expressed a strong understanding of the County's needs and relevant issues of law and policy. After careful consideration, the Hausrath Economics Group was selected to complete the study at a total estimated cost of slightly less than $60,000.
The Hausrath Economics Group proposal is attached hereto as Attachment C. As the proposal reflects, the Hausrath Economics Group will collaborate with Urban Economics (Robert Spencer) and Dr. Louise Jackson, Professor and Cooperative Extension Specialist at UC Davis, in performing the study. Consistent with the RFP, work will be divided into two phases:
- Phase I, focused on analyzing potential strategies for increasing the County's mitigation ratio above 1:1 and developing a "policy options report" for consideration by the Planning Commission and Board of Supervisors; and
- Phase II, focused on refining proposed policy options consistent with Board direction, preparing a "nexus study" to support adoption of the selected policy approach, and performing other work (assisting with ordinances, General Plan amendments, etc.) necessary to support adoption of the selected approach. [Note that Phase II will not proceed unless the Board so directs at the conclusion of Phase I.]
Overall, in addition to providing legal grounds for increasing the mitigation ratio, the study will attempt to provide a balanced and comprehensive picture of relevant issues for the Board to consider. This will include, among other things, information on community and environmental benefits associated with farmland preservation as well as general information regarding potential effects on economic development activity within the unincorporated area.
If the Board authorizes the County Administrator to sign the attached contract, work will proceed expeditiously and the draft policy options report prepared as part of Phase I will be presented to the Board on or about October 22, 2013 (see the schedule attached hereto as Attachment D). The report will then be finalized with Board input and, if so directed, work on Phase II will proceed with the goal of presenting the Board with the information and documents necessary to make a final decision in early 2014.
As of the date of preparation of this Board letter, County staff continue to work with the Hausrath Economic Group to make minor revisions to the proposal (which will serve as the scope of work for the study, together with the RFP excerpt attached hereto). The remaining issues are as follows:
- In Task 3, clarifying that the evaluation of economic impacts of increased mitigation ratios on developers will be both qualitative and quantitative in nature, with consideration of whether an increased ratio may make new development less economically feasible.
- Also in Task 3, clarifying that the effect of increased conservation on County property tax revenues will be evaluated.
- In Task 5, clarifying that the nexus study will include the elements described in the corresponding section of the RFP.
- In Task 6, including support for refining ordinances and General Plan policies (as well as attending related meetings) necessary to implement the selected policy approach. This will result in a minor (around $2,500) increase in overall costs.
This office recommends that the Board authorize the County Administrator to sign the agreement once these minor edits are integrated into the RFP. |