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Consent-General Government # 11.
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| Board of Supervisors |
County Counsel |
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| Subject |
| Ratification of minor corrections to Implementing Agreement for Yolo Habitat Conservation Plan/Natural Community Conservation Plan. (No general fund impact) (Pogledich) |
| Recommended Action |
| Ratify minor corrections to Implementing Agreement for Yolo Habitat Conservation Plan/Natural Community Conservation Plan. |
| Strategic Plan Goal(s) |
Sustainable Environment
Flourishing Agriculture |
| Reason for Recommended Action/Background |
On May 22, 2018, the Board took a series of actions to approve the Yolo Habitat Conservation Plan/Natural Community Conservation Plan (Yolo HCP/NCCP). The actions included approval of an implementing agreement negotiated between the Yolo Habitat Conservancy, the County and four cities, and the federal and state wildlife agencies responsible for Yolo HCP/NCCP approval and oversight. In concluding its review of the implementing agreement in December 2018, the California Department of Fish and Wildlife (CDFW) observed that three cross references included in the 43-page agreement were inaccurate. Those errors and the necessary corrections are as follows:
Section 9.3.2, Conveyance of Lands in Lieu of Yolo HCP/NCCP Fees to Maintain Rough Proportionality
As set forth in Chapter 8 (Section 8.4.4.2) (8.4.5.2), if the Conservancy determines it is at risk of failing to meet the stay-ahead provision for land acquisitions as described in Chapter 7 of the Yolo HCP/NCCP, after consultation with the Wildlife Agencies it may notify the other Permittees that it is necessary to temporarily require project proponents to provide land instead of paying all or a portion of the Yolo HCP/NCCP fee.
Section 13.4, Effect of Funding Shortfalls
If overall HCP/NCCP fee revenues fall short of expectations, such as if fewer Covered Activities are implemented than projected by the Plan and less HCP/NCCP fees are collected, the resulting shortfall in Plan funding could prevent or constrain the Permittees’ ability to fully implement the Yolo HCP/NCCP. As set forth in Chapter 8 (Section 8.4.4.3) (Section 8.4.5.3) of the Plan, if fee revenues do not keep pace with reserve system operation and management needs, the Permittees will consider various options in consultation with the Wildlife Agencies. Any shortfall in non-fee revenues, such as local, state or federal agency contributions, will be treated similarly, with the Conservancy first making reasonable adjustments to expenditures to reduce costs while continuing to meet Plan obligations. If such adjustments are inadequate, the Conservancy will consult with the Wildlife Agencies to determine the best course of action. In any circumstance where consultation occurs, the ultimate course of action will vary depending upon a full consideration of relevant factors. Such factors may include, but are not limited to, the rate of acquisition of reserve system lands or whether the amount and rate of Take is less than anticipated in the Plan. If it appears that the level of Authorized Take by the Permits will not be used during their term, substantially reducing HCP/NCCP fee revenues, the Parties anticipate that the Permittees will apply for an amendment to extend the Permits in accordance with Section 17.3, below, to allow the full use of Authorized Take and full implementation of the Yolo HCP/NCCP. Alternatively, the Permittees may apply for a Permit modification or amendment in accordance with Section 15 of this Agreement to reduce the amount of Authorized Take and related obligations in the Permits. Any such application will be treated as a request for a major amendment and processed in accordance with Chapter 7 of the Plan.
Section 16.3.4, Rough Proportionality
As provided in Section 9.4.2 Section 9.3.1, above, in the event that CDFW has determined that the Permittees have failed to meet the rough proportionality standard provided in Section 9.4.2 Section 9.3.1 of this Agreement, and if the Permittees have failed to cure the default or entered into an agreement to do so within forty-five (45) days of the written notice of such determination, CDFW shall suspend the State Permits in whole or in part in accordance with California Fish and Game Code section 2820.
CDFW has asked that each local agency ratify the minor corrections shown above. The Office of the County Counsel recommends that the Board ratify these corrections. |
| Collaborations (including Board advisory groups and external partner agencies) |
| Yolo Habitat Conservancy, California Department of Fish & Wildlife. |
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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