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Approve extending the authority of the County Administrator, with the concurrence of County Counsel, to execute agreements and amendments per Resolution 2020-64 with the State Department of Water Resources and ICF Jones & Stokes, Inc. to develop Phase 2 and Phase 3 of a Habitat Conservation Plan (HCP) for ongoing water diversions in the Yolo Bypass and Cache Slough through the development of the HCP
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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Board of Supervisors approve extending the authority of the County Administrator, with the concurrence of County Counsel, to execute agreements and amendments per Resolution 2020-64 with the State Department of Water Resources and ICF Jones & Stokes, Inc. to develop Phase 2 and Phase 3 of a Habitat Conservation Plan (HCP) for ongoing water diversions in the Yolo Bypass and Cache Slough through the development of the HCP.
SUMMARY/DISCUSSION:
As part of the Lookout Slough settlement, the County and DWR agreed to a Memorandum of Understanding (MOU) on January 14, 2020 (Attachment A), that committed DWR to fund the development of a habitat conservation plan (HCP) and preparation of an incidental take permit (ITP) application. The Cache Slough HCP is being developed to provide mitigation for continued operations and maintenance of agricultural and municipal water intakes in the Cache Slough complex region that are not already covered under existing permits. The Cache Slough HCP area and intakes proposed to be covered under the HCP are shown on Attachment B. Habitat restoration projects such as Lookout Slough have the potential of rendering the existing water diversion infrastructure as noncompliant with the federal Endangered Species Act (ESA) and the California Endangered Species Act (CESA). Therefore, to comply with the state and federal environmental regulations, an ITP will be required to permit the continued use of such diversions with any requisite mitigation measures described in the associated HCP for the potential impacts to threatened and endangered species associated with such diversions.
On April 28, 2020, the Solano County Board of Supervisors approved Resolution No. 2020-64 (Attachment C), authorizing the County Administrator, with concurrence of County Counsel, to execute agreements with DWR and ICF, and any subsequent amendments within budgeted appropriations, for development of the HCP for the period of July 1, 2020 through June 30, 2023. This period of authorization aligned with the HCP development timeline anticipated in the original agreements between the County, DWR, and ICF. As discussed below, additional amendments to the DWR and ICF agreements are now necessary to continue progress toward completing the HCP. Completion of the HCP is now anticipated by Fiscal Year 2025/26.
Development of the Cache Slough HCP is proposed in three phases. Phase 1 (Develop the HCP Strategy and Approach) was completed in 2020. Phase 2 (Prepare Public Draft HCP and Associated Environmental Documents) has been underway since 2021. An additional amendment to DWR’s agreement with Solano County is needed to accommodate ongoing activities to complete the HCP and fund work for Phase 3 (finalize HCP and Environmental Documents and Prepare 2081(b) Permit Application). DWR and County staff have continued collaboration on further development of the HCP; however, completion of Phases 2 and 3 have been delayed due to limited levels of coordination with the National Marine Fisheries Service and the U.S. Fish and Wildlife Service (Services) and the California Department of Fish and Wildlife to date, as well as an unanticipated revision to the first Administrative Draft HCP. The first administrative draft HCP was issued to the Services on November 23, 2022 followed by a second administrative draft submitted in July 2023 which incorporated revisions based on comments received. In 2023, a series of leadership meetings between DWR, Solano County, and the Services were conducted to re-affirm commitment to the HCP, address high-level comments, and chart a path to completion. Since then, staff and DWR have initiated re-occurring meetings with Services staff to continue HCP development toward completing the HCP by FY2025/26.
If the HCP is approved by the respective state and federal agencies, an ITP will be issued to the County as a permittee with an implementable HCP on behalf of the collective water intake operators within the County’s Cache Slough region to provide protections from potential increased fish species associated with agricultural land conversion to tidal habitat and for reliable surface water supply for farming and other land uses.
FINANCIAL IMPACT:
The initial contract with DWR provided $750,000 for the County to contract with ICF Jones & Stokes, Inc. to develop the HCP and to cover costs for staff to oversee the work and conduct landowner outreach. Amendments to the agreement have been approved in 2022 to increase funding to $930,000 and in 2023 to extend the contact term to June 30, 2024. An amendment is proposed by DWR to increase the budget to $1,273,111 through June 30, 2026 to complete the HCP, accompanying environmental documents, and the 2081 ITP application.
The costs associated with preparing the agenda item are nominal and absorbed by the Department’s FY2023/24 Working Budget.
ALTERNATIVES:
The Board of Supervisors can choose to not to extend the County Administrator’s authority to execute agreements and subsequent amendments to receive and expend the funds to develop the HCP. This is not recommended since it would prevent the DWR from meeting its obligation to fund the development of the HCP.
OTHER AGENCY INVOLVEMENT:
County staff has coordinated and collaborated with DWR, ICF, National Marine Fisheries Service and the U.S. Fish and Wildlife Service, and other local Cache Slough Complex stakeholders for the development of the HCP and the amended agreements to identify additional tasks and issues to be resolved.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION