Approve the "Notice of Release of the Terms of Conditions of the Teichert Woodland Development Agreement No. 96-286 Specific to the Rodgers Property" as needed to enroll the Rodgers Property into the Yolo Habitat Conservation Plan and Natural Community Conservation Plan reserve system; and authorize the Director of Community Services, or the Director's designee, to execute and record the document. (No general fund impact) (Lindbo/Sabatini)

The purpose of this item is to authorize minor title "cleanup" for the County-owned Rodgers Property (APN 025-350-025; hereinafter referred to as the "Property"). The Property is currently encumbered by Development Agreement No. 96-286 (hereinafter referred to as the "Development Agreement"), which was recorded against the Property to ensure the completion of certain terms and conditions of the Development Agreement specific to the reclamation and dedication of the Property. The terms and conditions of the Development Agreement relating specifically to the Property have been fulfilled and, for that reason, the Development Agreement has no continuing relevance to the Property. Releasing the Development Agreement from the Property will remove this encumbrance and enable its enrollment in the Yolo Habitat Conservation Plan and Natural Community Conservation Plan (hereinafter referred to as the "Yolo HCP/NCCP") reserve system.

As background, on December 2, 2014, the Yolo County Board of Supervisors (hereinafter referred to as the "Board" or "BOS") adopted Resolution No. 14-126 supporting a conservation partnership with the Yolo Habitat Conservancy in connection with implementation of the Yolo HCP/NCCP (BOS Minute Order No. 14-166). The partnership envisioned easements on between 250 and 660 acres of County-owned land within the area covered by the Cache Creek Area Plan (hereinafter referred to as the "CCAP").

The 30-acre Rodgers Property is within the CCAP, located south of Cache Creek, approximately 1.85 miles northwest of the City of Woodland (refer to Attachment A for a Property Location Map). The Property was previously mined for gravel by Teichert before being transferred to the County pursuant to the Development Agreement and Resolution No. 06-169, approved by the Board on October 5, 2004 (BOS Minute Order No. 04-349). The transfer of the Property concluded the fulfillment of Teichert's Development Agreement obligations specific to the Property.

On June 6, 2023, the Board approved, and authorized the Board Chair to sign, a Conservation Easement with the Yolo Habitat Conservancy related to the Rodgers Property and directed staff to proceed with the steps necessary to enroll the Rodgers Property in the Yolo HCP/NCCP reserve system (BOS Minute Order No. 23-47; Item No. 10).

The California Department of Fish and Wildlife, the state agency that issued the incidental permits for the Yolo HCP/NCCP pursuant to Section 2835 of the Natural Community Conservation Planning Act and retains approval authority over all conservation easements being considered for enrollment in the Yolo HCP/NCCP reserve system, requests that the Development Agreement be removed from the Property's list of title exceptions prior to executing the Conservation Easement.

Staff recommends that the Board approve the proposed Notice of Release of Terms and Conditions of Development Agreement No. 96-286 Specific to the Rodgers Property (hereinafter referred to as the "Notice of Release"; see Attachment B).  Approval of this Notice of Release will allow for the Development Agreement to be removed from the Property's list of title exceptions while remaining in effect to its terms.  Execution of the proposed Notice of Release will also allow for the proposed Conservation Easement on the Property to be recorded in a timely manner such that it can count towards the fulfillment of the conservation commitments of the Yolo HCP/NCCP and support the partnership between the County and the Yolo Habitat Conservancy as described in Resolution No. 14-126.