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  Consent-General Government   # 10.       
Board of Supervisors County Administrator  
Meeting Date: 10/11/2016  
Brief Title:    Receive Offer of Dedication and Enter Into MOU with Granite Construction
From: Patrick Blacklock, County Administrator
Staff Contact: Elisa Sabatini, Natural Resources, County Administrator's Office, x5773
Supervisorial District Impact:

Subject
Receive an irrevocable offer of dedication (IOD) and enter into a Memorandum of Understanding with Granite Construction Company deferring the acceptance and recordation of the IOD until 2021. (No general fund impact) (Blacklock/Sabatini)
Recommended Action
  1. Receive the Offer of Dedication for roughly 121 acres adjacent to the Granite Capay and Granite Esparto mining sites, satisfying the conditions of Development Agreement #11-165; and
     
  2. Authorize the Chair of the Board to enter into a Memorandum of Understanding deferring the County's acceptance of the property until 2021.
Strategic Plan Goal(s)
Operational Excellence
Sustainable Environment
Flourishing Agriculture
Reason for Recommended Action/Background
Background

The Cache Creek Area Plan (CCAP) is a comprehensive mining and restoration plan that was adopted by the Board in 1996. The CCAP provides a framework and associated ordinances that regulate off-channel mining operations along lower Cache Creek. One of the tenants of the CCAP is that each development agreement (DA) entered into in association with a mining project provide a public benefit, also referred to as a "net gain", to the citizens of Yolo County. Existing DA's and associated mining entitlements will ultimately (by 2046)  provide the County with over 1,300 acres of riparian habitat and open space along Cache Creek, between the town of Capay and the town of Yolo. A table summarizing all of the existing "net gains" associated with the CCAP is provided as Attachment A to this staff report. 

Cache Creek Parkway Plan

The Cache Creek Resources Management Plan (CCRMP), adopted in 1996 as one component of the Cache Creek Area Plan, describes the eventual creation of a public parkway along lower Cache Creek utilizing the "net gains" to provide riparian habitat and connectivity. The Board approved a Cache Creek Parkway Plan work plan and base map in early 2012 (Attachment B). However, work on the Cache Creek Parkway Plan was deferred until the completion of the Countywide Parks Sustainability Study, adopted by the Board in June 2016. 

Natural Resources staff is now fully reengaged in the completion of a draft Cache Creek Parkway Plan and Economic Feasibility Study. Staff anticipates Board review of the draft plan and study in December 2016 or January 2017. 

Requested Action

Staff is requesting that the Board receive the Irrevocable Offer of Dedication (IOD), dated August 26, 2016, offering the County approximately 121 acres of trail, associated trail corridor, and in-channel acreage that would connect Capay Open Park to County Road 87 along the north bank of Cache Creek. (See Attachment C for map).  Receipt of the IOD will satisfy the conditions of Development Agreement #11-165 between the County and Granite Construction Company that was negotiated as part of the Granite Esparto mining and reclamation permit in 2011. 

However, staff is requesting that the County delay the formal acceptance and recordation of the IOD until 2021, as described in the attached Memorandum of Understanding (Attachment D). Postponing acceptance and recordation does not invalidate the offer, which stays irrevocable throughout.

All of the mining operations within Yolo County slowed in response to the economic downturn several years ago. Granite, like the other operations, has not yet mined the area slated to be dedicated to the County (see attachment C) this year. 

The delay of the acceptance of this property will provide mutual benefits to both the County and Granite Construction Company:
  • It affords the County the opportunity to complete the Cache Creek Parkway Plan and Economic Feasibility Study;
  • It provides ample time for the Board of Supervisors to develop policies/priorities related to future dedications associated with the Cache Creek Area Plan; and
  • It allows Granite Construction Company to construct the trails and trail corridor described in DA # 11-165 in a manner that is compatible with their current mining phase and operations.
Any future acceptance of net gain properties, including this deferred property, will require Board action.
Collaborations (including Board advisory groups and external partner agencies)
Staff has collaborated with Granite Construction, the Planning Division of the Community Services Department, County Counsel, and stakeholders, including the Cache Creek Conservancy and landowners in the vicinity.

Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
Total cost of recommended action:    $   0
Amount budgeted for expenditure:    $   0
Additional expenditure authority needed:    $   0
On-going commitment (annual cost):    $  
Source of Funds for this Expenditure
$0
Explanation (Expenditure and/or Revenue)
Further explanation as needed:
Eventual acceptance of this (and other) net gain properties through the Cache Creek Area Plan and associated development agreements will have an unknown fiscal impact. Natural Resources staff is currently developing a draft Cache Creek Parkway Plan and associated economic feasibility study. The plan and study will be used to inform the Board on the costs, liabilities, and opportunities associated with a future parkway along lower Cache Creek.
Attachments
Att. A. Net Gains Est. Dedication Table
Att. B. Board Approved Work Plan
Att. C. IOD Granite Capay
Att. D. MOU for Granite Capay Trail

Form Review
Inbox Reviewed By Date
Elisa Sabatini (Originator) Elisa Sabatini 10/04/2016 03:33 PM
Eric May Eric May 10/05/2016 10:45 AM
County Counsel Phil Pogledich 10/06/2016 09:03 AM
Form Started By: Elisa Sabatini Started On: 09/27/2016 03:50 PM
Final Approval Date: 10/06/2016

    

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