Adopt resolution approving the purchase of a Swainson's Hawk conservation easement in the amount of $932,976, pursuant to agreements with the Yolo Land Trust, Yolo Land & Cattle Co. and Scott A. and Karen K. Stone Revocable Trust, to satisfy mitigation requirements for the Landfill's Soil Borrow Site project, authorize the Director of the Integrated Waste Management Division to execute the Conveyance Agreement and take other actions necessary to complete acquisition of the conservation easement; and adopt a budget resolution adjusting the Department of Community Services, Integrated Waste Management 2022-23 budget to reflect an increase of $372,449 for the purchase of the easement. (No general fund impact) (4/5 vote required) (Echiburu/Yazdani)

County staff and the Yolo Land Trust have identified a property (APN 033-170-008 known as Miller Ranch) on which a conservation easement would provide necessary mitigation for the loss of Swainson's Hawk habitat as required in the Final Environmental Impact Report for the Yolo County Central Landfill (YCCL) Soil Borrow Site Project and Conditions of Approval (Mitigation Measure BIO-1b). Easement valuations were prepared by California Agricultural Properties, Inc. County staff worked with the Yolo Land Trust and the property owners (Scott A. and Karen K. Stone and Yolo Land & Cattle Co.) to come to a mutually acceptable agreement and easement terms.
 
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 identified in the soil borrow site EIR, certified by the Board on June 9, 2015, and the Project's Conditions of Approval, the County may purchase and dedicate conservation easements or pay an in-lieu fee for Swainson’s Hawk foraging habitat mitigation at a ratio of 1:1 (1 acre conserved for each acre lost).
 
In accordance with the mitigation measures, the Division of Integrated Waste Management proposes the purchase and dedication of a conservation easement on a portion of a 158 acre property (Miller Ranch, APN 033-170-008) for Swainson' Hawk mitigation. The conservation easement will encompass a total of 156.496 acres in perpetuity and will be monitored and held by the Yolo Land Trust. The California Department of Fish and Wildlife confirmed the suitability of the Miller Ranch as a mitigation site. The purchase price and mitigation credit for the conservation easement is based upon 155.496-acres to account for a one-acre drill site the owners are reserving. The Board previously approved the purchase of a conservation easement for 85 acres of Swainson's Hawk habitat to mitigate for the YCCL soil borrow site on January 26, 2021.  Any small differences (~1.9 acres) in total mitigation acreage needed will be completed by in-lieu fees. The conservation easement will be recorded, monitored and held by the Yolo Land Trust. The Yolo Habitat Conservancy is also a third-party beneficiary of the conservation easement.

California Agricultural Properties, Inc. prepared the valuation and determined that $6,000 per acre is a fair and reasonable price for the conservation easement. The Conveyance Agreement (Attachment C) requires the County to pay the purchase price for 155.496-acres ($932,976), in addition to a stewardship contribution ($50,246), sustainability contribution (2.0% of the purchase price; $18,660) and closing costs. These additional costs are within the scope of the agreement the County previously entered into with the Yolo Land Trust (Agreement No. 2021-3955) for various services related to the acquisition and monitoring of these conservation easements, which has a not-to-exceed budget of $300,000.

Yolo Land Trust
County Counsel approved the agreements as to form.