Hold a public hearing and consider adoption of resolutions accepting transfer of dedicated real property and a non-exclusive emergency access easement pursuant to conditions of Teichert mining projects; approve and authorize the Director of Community Services to execute the first amendment to Agreement No. 00-63 (Haller/Muller Agricultural and Open Space Conservation Easement Grant); and determine that the actions are categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and CEQA Guidelines. (No general fund impact) (Lindbo/Sabatini) (Est. Time: 10 min)

Over the past 25-plus years, the County and Teichert Land Co. (“Teichert”) have entered into several development agreements which set forth a host of obligations that Teichert must fulfill in exchange for the County’s issuance to Teichert of authorizations and permits to conduct sand and gravel mining operations within the unincorporated County. Off-channel mining activities along Lower Cache Creek are regulated by the County’s Cache Creek Area Plan, which was adopted by the Board of Supervisors in 1996. Some of Teichert’s mining occurred on property owned at the time by Muller Farms – now represented by Joseph P. Muller, Louis R. Muller, the Frank L. Muller and Nancy C. Muller Revocable Trust, Thomas M. Muller, and the Ferrendelli Family Trust (“Mullers”).

Of the many obligations contained in these development agreements, those which are pertinent to this staff report, include the dedication to the County of two properties in fee title, as well as a non-exclusive emergency access easement. More information on these dedications is included below. An exhibit depicting the locations of these dedications is included with the staff report as Attachment A.

Haller/Muller In-Channel Property

Teichert is required to dedicate to the County, in fee, “the in-channel portion of the Haller/Muller Property (APNs 025-350-001, -020 (in-channel portion), -031, and -033),” consisting of roughly 121 acres, as well as an additional (approximately 3-acre) area which would comprise a portion of an emergency access easement and a portion of a trail alignment. The actual size of the Haller/Muller In-Channel Property dedication is 124.156 acres. This dedication is pursuant to Development Agreement No. 22-16 (Section 2.2.8(vi)) for the Teichert Shifler Mining and Reclamation Project and summarized in the Third Memorandum of Understanding re: Teichert Woodland Dedications, executed October 4, 2023. The resolution accepting the dedication of this property is included to the staff report as Attachment B.

Muller Property

The Mullers are required to dedicate to the County, in fee, roughly 98 acres consisting of reclaimed habitat and lake at the Muller Site (APNs 025-350-032 and 025-350-030). The actual size of the Muller Property dedication is 100.597 acres. This dedication is pursuant to Development Agreement No. 96-286 (Section 2.2.8) for the Teichert Aggregates (Woodland) Long-Term Off-Channel Mining Permit. The resolution accepting the dedication of this property is included to the staff report as Attachment C.

Emergency Access Easement

The Mullers are also required to dedicate a 20-foot-wide, non-exclusive emergency access easement extending east from County Road 94B to the Muller Property. This dedication is pursuant to Development Agreement No. 96-286 (Section 2.2.8) for the Teichert Aggregates (Woodland) Long-Term Off-Channel Mining Permit, as modified by Development Agreement No. 12-153 (Third Amendment to Development Agreement No. 96-286), and summarized in the Second Memorandum of Understanding re: Teichert Dedications, executed October 13, 2022. The resolution accepting the dedication of this easement is included to the staff report as Attachment D.

It should be noted that the land description and map exhibits to Attachments B, C, and D, are in draft form and are currently undergoing review by Department of Community Services staff. Once these documents are approved by County staff, they will be appended to the respective grant deeds before they are executed by the parties.

First Amendment to the Haller/Muller Agricultural and Open Space Conservation Easement Grant (Agreement No. 00-63)

In addition to the foregoing dedications, Teichert and the Mullers previously dedicated an agricultural conservation easement – the Haller/Muller Agricultural and Open Space Conservation Easement Grant (Agreement No. 00-63) – over approximately 101 acres of their land. This dedication was required pursuant to the conditions of approval imposed by the County on Teichert’s Woodland Mining Permit and its Esparto Mining Permit. However, the easement does not accurately depict the 101 acres that were intended to be preserved pursuant to the conditions of the mining permits. As currently drafted, the easement area overlaps with the 98 acres that the Mullers are required to dedicate in fee to the County. As such, the County, Teichert, and the Mullers wish to amend the conservation easement to reflect the correct boundary. The First Amendment to the Haller/Muller Agricultural Conservation Easement is included to the staff report as Attachment E.

California Environmental Quality Act (CEQA)

The recommended actions are categorically exempt from the requirements of the CEQA and CEQA Guidelines pursuant to Section 15325, Class 25, Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions.

Over the last three years, County staff from the Department of Community Services and the Office of the County Counsel have worked closely with Teichert and the Mullers to draft the various instruments required for the dedications to take place.