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  Consent-General Government   # 12.       
Board of Supervisors County Counsel  
Meeting Date: 03/24/2020  
Brief Title:    Agreement with Westlands Water District
From: Philip J. Pogledich, County Counsel
Staff Contact: Philip J. Pogledich, County Counsel, x8172
Supervisorial District Impact:

Subject
Approve an agreement with Westlands Water District relating to implementation of tidal floodplain habitat restoration work on the Lower Yolo Ranch. (No general fund impact) (Pogledich)
Recommended Action
Approve an agreement (Attachment A) with Westlands Water District relating to implementation of tidal floodplain habitat restoration work on the Lower Yolo Ranch, subject to minor non-substantive edits acceptable to the County Counsel that may be necessary to finalize the agreement.
Strategic Plan Goal(s)
Sustainable Environment
Reason for Recommended Action/Background
This item renews, with small modifications, an agreement approved on January 28, 2014 with regard to a tidal floodplain restoration project on the Yolo Ranch, a property of about 3,500 acres in the lower Yolo Bypass owned by Westlands Water District.  Attachment B shows the current uses of the property and depicts the planned restoration work.  The County entered into the original settlement agreement with the State and Federal Contractors Water Agency ("SFCWA").  As background on the property and project, the staff report supporting approval of the original agreement is included as Attachment C.  SFCWA was unable to perform the project and the agreement expired by its terms in 2018.  Westlands is now taking the lead in project execution and has proposed to revive the settlement agreement.
 
Staff recommends Board approval of the revised settlement agreement.  The following table compares the original and current versions of the agreement, noting minor changes to the project where applicable:
 
Original Agreement
 
New Agreement

Stipulates agriculture (mostly irrigated pasture) will continue on about 1,677 acres of the 3,427-acre site
 
Similar, slight reduction to 1,642 acres

Commits SFCWA to pay $200,000 to County for study funding relating to the BDCP
 
$55,000 paid in 2014, leaving $145,000 balance
 
Preserves overall funding commitment and broadens allowed uses to anything consistent with agricultural economic development

Commits SFCWA and Westlands to record a declaration of covenants and restrictions on the site to preserve 1,677 acres of grazing land for continued agricultural use
 
Similar, with slight reduction to 1,642 acres (still slightly exceeds 1:1 mitigation)

SFCWA agrees to preserve current County increment of property taxes, irrespective of project and related easements
 
Same commitment

In the event site is sold to DWR, SFCWA agrees to annually pay local taxes, fees, and assessments in perpetuity
In lieu of a commitment to pay taxes in perpetuity, Westlands will make a one-time payment of $65,000 within 30 days of any sale or transfer to DWR
 
Collaborations (including Board advisory groups and external partner agencies)
Extensive collaboration with various County departments occurred in 2014.  As noted above, the 2014 and 2020 versions of the agreement are nearly identical and the surrounding circumstances have not changed.

Fiscal Impact
Potential fiscal impact (see notes in explanation section below)
Fiscal Impact (Expenditure)
Total cost of recommended action:    $   0
Amount budgeted for expenditure:    $  
Additional expenditure authority needed:    $  
On-going commitment (annual cost):    $  
Source of Funds for this Expenditure
$0
Explanation (Expenditure and/or Revenue)
Further explanation as needed:
Approval of the agreement does not result in any immediate financial benefit or cost to the County.  Over time, assuming the project is implemented, the County will receive $145,000 for its Agricultural Economic Development Fund and, if the project site is later sold to the State, the County will receive an additional one-time payment of $65,000. 
Attachments
Att. A. Agreement
Att. B. Graphics
Att. C. 1/28/2014 Staff Report

Form Review
Inbox Reviewed By Date
Phil Pogledich Phil Pogledich 03/17/2020 05:46 PM
Elisa Sabatini Elisa Sabatini 03/17/2020 08:47 PM
Phil Pogledich Phil Pogledich 03/18/2020 01:23 PM
Form Started By: Phil Pogledich Started On: 03/13/2020 10:34 AM
Final Approval Date: 03/18/2020

    

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