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  Consent-Community Services   #   20.    
Board of Supervisors Community Services  
Meeting Date: 01/26/2021  
Brief Title:    Approve Conservation Easement Purchase Agreement
From: Taro Echiburu, Director, Department of Community Services
Staff Contact: Ramin Yazdani, Director Division of Integrated Waste Management, Department of Community Services, x8848

Subject
Approve agreement with Scott A. Stone and Karen K. Stone in the amount of $510,000 to purchase 85 acres of Swainson's Hawk mitigation credits to satisfy mitigation requirement for the Yolo County Central Landfill soil borrow site. (No general fund impact) (Echiburu/Yazdani)
Recommended Action
Approve agreement with Scott A. Stone and Karen K. Stone in the amount of $510,000 to purchase 85 acres of Swainson's Hawk mitigation credits to satisfy mitigation requirement for the Yolo County Central Landfill soil borrow site.
Strategic Plan Goal(s)
Sustainable Environment
Reason for Recommended Action/Background
The Yolo County Central Landfill (YCCL) is required to acquire conservation easements as a result of the landfill's soil borrow site to mitigate the impact on Swainson’s Hawk foraging habitat. Scott A. Stone and Karen K. Stone have designated 289.61 acres of their Tule Ranch property (Exhibit A & Exhibit B) as habitat for several species including the Swainson’s Hawk. Scott A. Stone and Karen K. Stone have granted a conservation easement, including for Swainson’s Hawk foraging, to the Yolo Land Trust recorded on February 17, 2009, as fully restated in the Second Amended and Restated Deed of Conservation Easement and Permanent Restrictions on Use recorded on November 24, 2020 (Exhibit C). The Stones are entitled to sell to third parties the mitigation credits associated with the easement area pursuant to the Mitigation Credit Agreement between the seller and the HCP/NCCP recorded on September 21, 2016 (Exhibit D). County staff worked with property owners to come to a mutually acceptable agreement for the purchase of mitigation credits.   
 
Background
The YCCL soil borrow site is a 243.4 acres portion of a 323-acre property directly west of the YCCL. The property was acquired in 2013 to provide a potential source for soil for landfill construction, landfill closure, intermediate and daily cover soil needed for operation.  These activities are required to ensure continued compliance with State requirements.

As part of required mitigation measures for the loss of wildlife habitat, the County must purchase and dedicate a conservation easement or pay an in-lieu fee. The County may purchase shares in an appropriate mitigation bank, make a payment to the Swainson’s hawk mitigation fee program if it is still in effect, or purchase comparable raptor foraging area in consultation with the California Department of Fish and Wildlife at a ratio of 1:1 (1 acre conserved for every acre that is lost). In accordance with this requirement, the Division of  Integrated Waste Management proposes purchasing 85 acres of Swainson’s Hawk foraging habitat mitigation credits. Purchase authorization for the remaining 158.4 acres will be requested separately.
 
County staff confirmed with the HCP/NCCP that these mitigation credits are the only ones currently available to satisfy mitigation requirements. The purchase price of $510,000 is comprised of the base purchase price of $5,500 per acre and a long-term Monitoring Endowment fee of $500 per acre for a total of $6,000 per acre for 85 acres of Mitigation Credits. This is a cost-effective way of satisfying the YCCL's mitigation requirements.  A payment of $10,000 earnest money will be paid to the sellers within 30 days of execution of the agreement.  The remainder of the purchase price will be paid upon issuance of the Certificate of Mitigation Credits and recordation of the Certificate of Mitigation Credits in the official real property records of Yolo County, California.
Collaborations (including Board advisory groups and external partner agencies)
County Counsel approved the Agreement as to form
Competitive Bid Process
N/A
Attachments
Att. A. Purchase Agreement

Form Review
Inbox Reviewed By Date
Taro Echiburu Taro Echiburu 01/04/2021 11:47 AM
Financial Services Shelby Milliren 01/04/2021 12:35 PM
County Counsel Hope Welton 01/05/2021 09:22 AM
Eric May Eric May 01/06/2021 09:07 AM
Charlie Tschudin Charlie Tschudin 01/06/2021 10:15 AM
Form Started By: Ramin Yazdani Started On: 12/16/2020 10:08 AM
Final Approval Date: 01/06/2021
Level double AA conformance,
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