Consent-Community Services # 9.
Board of Supervisors
Natural Resources
- Meeting Date:
- 08/29/2023
- Brief Title
- Acceptance of Teichert Net Gains Dedications
From:
Leslie Lindbo, Director, Department of Community Services
Staff Contact:
Elisa Sabatini, Manager of Natural Resources, Department of Community Services, x5773
Supervisorial District Impact:
Districts 3, 5
Subject
Authorize the Director of Community Services, or their designee, to execute the "Third Memorandum of Understanding re: Teichert Woodland Dedications" with Teichert & Sons, Inc, and take other necessary actions related to the imminent dedication of two Teichert-owned properties to the County. (No general fund impact) (Lindbo/Sabatini)
Recommended Action
- Authorize the Director of Community Services, or his/her designee, to execute the "Third Memorandum of Understanding re: Teichert Woodland Dedications" with Teichert;
- Direct Department of Community Services staff to work with Teichert on the steps necessary to satisfy the process for dedications of fee title real property and access easements as described in Section 2.2.9 of the Development Agreement for the Teichert Aggregates (Woodland) Long-Term Off-Channel Mining Permit (Agreement #96-286); and
- Authorize the Director of Community Services, or his/her designee, to accept the dedication of the properties and execute all property dedication related documents (e.g., grant deeds, easement amendments, etc.) on behalf of the Board of Supervisors.
Strategic Plan Goal(s)
 |
Sustainable Environment |
Reason for Recommended Action/Background
Imminent Property Dedications
Over the past two decades, the County and A. Teichert & Sons, Inc. ("Teichert") have entered into numerous agreements regarding Teichert's surface mining operations in Yolo County, which set forth various commitments that have evolved over time. These commitments include, but are not limited to, various property dedications that Teichert will be making to the County. There are two property dedications pursuant to these agreements that are imminent. The two dedications are as follows:
- Muller Property: approximately 98 acres of reclaimed habitat and lake containing all or portions of APNs 025-350-030 and -032.
- Haller/Muller In-Channel Dedication: approximately 124 acres of in-channel habitat containing all or portions of APNs 025-350-001, -020, -027, -028, -031, and -033.
Both dedications are depicted on page 6 of Attachment C to this staff report. Staff is ready to begin the process of dedications for fee title and access easements outlined in Section 2.2.9 of the Development Agreement for the Teichert Aggregates (Woodland) Long-Term Off-Channel Mining Permit (Agreement #96-286). The language from this section has been included as Attachment A to the staff report.
Third Memorandum of Understanding
Since Teichert's commitments have evolved over time with the execution of various agreements over the decades, the Parties have executed two Memorandum of Understanding ("MOU") documents clarifying the Parties' understanding of various components of the obligations. These MOUs were executed on July 19, 2019, and October 13, 2022, and have been included to this staff report as Attachment B.
The Parties have drafted a Third MOU (Attachment C) that documents an agreed-upon concept that involves Teichert dedicating the Teichert-owned portion of various emergency access and trail access easements in fee rather than as easements as a part of the fee dedication of the In-Channel Haller/Muller Conservation Easement Area. Also memorialized in the draft Third MOU is the slight modifications of the property boundaries of the subject property dedications to allow for more efficient access to properties in the area remaining in private ownership by Teichert and those properties being dedicated to the County.
Current Request
At this time, Staff is requesting that the Board of Supervisors take the following actions:
Third Memorandum of Understanding
Since Teichert's commitments have evolved over time with the execution of various agreements over the decades, the Parties have executed two Memorandum of Understanding ("MOU") documents clarifying the Parties' understanding of various components of the obligations. These MOUs were executed on July 19, 2019, and October 13, 2022, and have been included to this staff report as Attachment B.
The Parties have drafted a Third MOU (Attachment C) that documents an agreed-upon concept that involves Teichert dedicating the Teichert-owned portion of various emergency access and trail access easements in fee rather than as easements as a part of the fee dedication of the In-Channel Haller/Muller Conservation Easement Area. Also memorialized in the draft Third MOU is the slight modifications of the property boundaries of the subject property dedications to allow for more efficient access to properties in the area remaining in private ownership by Teichert and those properties being dedicated to the County.
Current Request
At this time, Staff is requesting that the Board of Supervisors take the following actions:
- Authorize the Director of Community Services, or her designee, to execute the "Third Memorandum of Understanding re: Teichert Woodland Dedications" with Teichert;
- Direct Department of Community Services staff to work with Teichert on the steps necessary to satisfy the process for dedications of fee title and access easements as described in Section 2.2.9 of the Development Agreement for the Teichert Aggregates (Woodland) Long-Term Off-Channel Mining Permit (Agreement #96-286); and
- Authorize the Director of Community Services, or her designee, to accept dedication of the properties and execute all related property dedication related documents (e.g., grant deeds, easement amendments, etc.) on behalf of the Board of Supervisors.
Collaborations (including Board advisory groups and external partner agencies)
Natural Resources Division staff has collaborated with staff from the Planning Division and Office of County Counsel on this item.
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
- General Fund
- $0
Further explanation as needed:
All expenditures and staff time spent on this matter will be funded via gravel mining fee revenues. There is no general fund use associated with this request.
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| County Counsel | Eric May | 08/23/2023 11:08 AM |
- Form Started By:
- cliebler
- Started On:
- 05/25/2023 02:42 PM
- Final Approval Date:
- 08/23/2023