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Roll call (7 Present, 0 Absent, 0 Excused) (Recorded at 00:11:24)
1:30 P.M. CLOSED SESSION (ITEM 5.01)
5.01 Conference with Legal Counsel - Anticipated Litigation
Significant exposure to litigation pursuant to Government Code
Section 54956.9(b) 1 case(s)
opened 1:35 and adjourned to c/s
TIME SET AGENDA (ITEM 3.01)
3.04 2:00 P.M.
County Counsel
Public hearing and update regarding Woodland-Davis Clean Water Agency, Conaway Ranch and related matters, including an agreement concerning conservation easements. (No general fund impact) (Drivon/Pogledich)
Recommended Action 3.04
Supporting Document 3.04A
Supporting Document 3.04B
Supporting Document 3.04C
Supporting Document 3.04D
Returned back at 2:16 p.m. from closed session. All present.
Dirk Brazil addressed the Board with an overview of the project.
Phil Pogledich addressed the Board. Sup. McGowan left the dais at 2:26 p.m. Providing details of contract. Ranch is up for sale and Tri-City and Farm is on the verge of purchasing this ranch. Proposing water conservation easements and have come to the County willingly to find out the best way to protect the water. At this time, the County has no control over the Conaway Ranch and it's water rights. Sup. McGowan returned at 2:28 p.m. Sup. Provenza asked about the moratorium and would that cover this issue? This agreement exempts the State of Cal. transactions.
80,000 acre feet that could be transferred to 2033. Once the city starts taking water, that will be up to 10,000. Ho do we protect agriculture on this ranch? Provide ag comm what they're farming, so that the ag commissioners can determine if the amount of water is being affected. This agreement will leave the County better off. Seat at the table for easements.
Pacific Flyaway Center - supports Tri City as they will provide Pacific Flyaway up to 5 acres or monetary donation or access to the Center. Clarified what the Co. is giving up with this agreement.
Matt - asked Phil to explain what the future looks like with this agreement.
Bay Delta Conservation Plan is an application, for a certain of water deliveries from the state in exchange for a host of environmental concessions. Provides input and potentially regulated. Do we, as local gov't, have a vote on that? No, we do not.
Supervisor Provenza voiced concerns about what is going to be in the BCBD plan. Why are we giving up the sale of this easement at this point.
Jim - concerned on attempts to limit land in ag - 12,000 in ag and 8,000 rice - not mandated - isn't this rather weak?. Sup. McGowan stepped away from the dais at 3:05 p.m and returned at 3:06 p.m. Is this something we can enforce? No. 10,000 acre feet provided with the cities - they are making their own agreement with the ranch. Railroad relocation - was it in the agreement? Some provisions are mandates and some are best efforts. Jim - conjunctive use.
Phil explained the role of the moratorium and of the agreement. Jim is uncomfortable giving up the right to say 'no'.
Duane - made some comments. May to Sep - uses all of its allocation from the Sac River, and all of their wells. Was wondering where the excess water would be coming from.
Mike - agrees that Jim is raising good points.
Opened p/h - Mr. Terran addressed the Board on behalf of the land owner. What he heard was generally correct. They do not believe the County is giving anything up. The owner wants to build a long term cooperation between the Cities, County and to provide the Cities and County with tangible benefits. There is a tension between private and public rights. It's agreeable, not perfect.
Jim - would you agree to assurances as listed? Speaker - agreed to 7 1/2 percent - just wanted to clarify. Would not leave land fallow per Jim's request to agree with more certainty they would keep certain amt of land in ag.
Helen - farmers in yolo basin area - subsidies to not farm. Sup. Chamberlain asked about water - the speaker addressed this that just because there are potential opportunities, if there isn't any water they won't get any
Frank Sieferman Sr. addressed the Board. What is the urgency? Concerns for the due process that it has come up so quickly in his mind. Catherine Portman, Yvonne LeMaitre, John Munn (President of Taxpayer's Association), addressed the Board.
Barbara King addressed the Board. Closed p/h.
Mike - clarification on the selling the water to Sac Metropolitan Water.
Motion by Jim to postpone this decision until next scheduled regular board meeting on Jan. 11, 2011 seconded by chamberlain - (Jim explained why he wants to wait) 2/3 - motion fails - Yes - Provenza, Chamberlain and noes - Mike, Helen and Matt Motion by Mike - approve recommended action and seconded by Rexroad Mike explained his reasons. Jim - fundamental problem - being driven by the Bay Delta Conservation Plan - controlled by the water contractors. We are giving permission but we don't know the long-term consequences. We have no guarantee or assurances. Believe this is premature. Would like more time. Need some legal ability to fend off the BDCP.
Helen spoke on supporting this issue. Matt commented. This agreement does not approve the sale of surplus water. 3/2 Yes - McGowan, Rexroad, Helen - Noes Chamberlain, Provenza
The following individuals addressed the Board of Supervisors on this matter:
Tim Taron, Frank Sieferman, Sr., Catherine Portman, Yvonne LeMaitre, John Munn, and Barbara King.
Motion to Minute Order No. 10-251: Motion made by Supervisor Provenza and seconded by Supervisor Chamberlain to postpone a decision until the next regularly scheduled Board of Supervisors meeting on January 11, 2011. Motion failed by a 2/3 vote. Moved by Provenza, seconded by Chamberlain.
Vote to Minute Order No. 10-251: Motion made by Supervisor Provenza and seconded by Supervisor Chamberlain to postpone a decision until the next regularly scheduled Board of Supervisors meeting on January 11, 2011. Motion failed by a 2/3 vote. (Declined)
Motion to Minute Order No. 10-252: Approved recommended action by
Agreement No. 10-185
. Moved by McGowan, seconded by Rexroad.
Vote to Minute Order No. 10-252: Approved recommended action by
Agreement No. 10-185
. (Approved)
ADJOURNMENT
Next meeting scheduled for January 11, 2011
I declare under penalty of perjury that the foregoing agenda was posted December 16, 2010 by 1:30 P.M. at the following places:
1. On the bulletin board at the east entrance of the Erwin W. Meier Administration Building, 625 Court Street, Woodland, California; and
2. On the bulletin board outside the Board of Supervisors Chambers, Room 206, in the Erwin W. Meier Administration Building, 625 Court Street, Woodland, California.
I declare under penalty of perjury that the foregoing agenda will be posted no later than December 16, 2010 by 5:00 P.M. as follows:
3. On the Yolo County website: www.yolocounty.org.
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Dec 17, 2010 Board of Supervisors Meeting
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Roll call (7 Present, 0 Absent, 0 Excused) (Recorded at 00:11:24)
1:30 P.M. CLOSED SESSION (ITEM 5.01)
5.01 Conference with Legal Counsel - Anticipated Litigation
Significant exposure to litigation pursuant to Government Code
Section 54956.9(b) 1 case(s)
opened 1:35 and adjourned to c/s
TIME SET AGENDA (ITEM 3.01)
3.04 2:00 P.M.
County Counsel
Public hearing and update regarding Woodland-Davis Clean Water Agency, Conaway Ranch and related matters, including an agreement concerning conservation easements. (No general fund impact) (Drivon/Pogledich)
Recommended Action 3.04
Supporting Document 3.04A
Supporting Document 3.04B
Supporting Document 3.04C
Supporting Document 3.04D
Returned back at 2:16 p.m. from closed session. All present.
Dirk Brazil addressed the Board with an overview of the project.
Phil Pogledich addressed the Board. Sup. McGowan left the dais at 2:26 p.m. Providing details of contract. Ranch is up for sale and Tri-City and Farm is on the verge of purchasing this ranch. Proposing water conservation easements and have come to the County willingly to find out the best way to protect the water. At this time, the County has no control over the Conaway Ranch and it's water rights. Sup. McGowan returned at 2:28 p.m. Sup. Provenza asked about the moratorium and would that cover this issue? This agreement exempts the State of Cal. transactions.
80,000 acre feet that could be transferred to 2033. Once the city starts taking water, that will be up to 10,000. Ho do we protect agriculture on this ranch? Provide ag comm what they're farming, so that the ag commissioners can determine if the amount of water is being affected. This agreement will leave the County better off. Seat at the table for easements.
Pacific Flyaway Center - supports Tri City as they will provide Pacific Flyaway up to 5 acres or monetary donation or access to the Center. Clarified what the Co. is giving up with this agreement.
Matt - asked Phil to explain what the future looks like with this agreement.
Bay Delta Conservation Plan is an application, for a certain of water deliveries from the state in exchange for a host of environmental concessions. Provides input and potentially regulated. Do we, as local gov't, have a vote on that? No, we do not.
Supervisor Provenza voiced concerns about what is going to be in the BCBD plan. Why are we giving up the sale of this easement at this point.
Jim - concerned on attempts to limit land in ag - 12,000 in ag and 8,000 rice - not mandated - isn't this rather weak?. Sup. McGowan stepped away from the dais at 3:05 p.m and returned at 3:06 p.m. Is this something we can enforce? No. 10,000 acre feet provided with the cities - they are making their own agreement with the ranch. Railroad relocation - was it in the agreement? Some provisions are mandates and some are best efforts. Jim - conjunctive use.
Phil explained the role of the moratorium and of the agreement. Jim is uncomfortable giving up the right to say 'no'.
Duane - made some comments. May to Sep - uses all of its allocation from the Sac River, and all of their wells. Was wondering where the excess water would be coming from.
Mike - agrees that Jim is raising good points.
Opened p/h - Mr. Terran addressed the Board on behalf of the land owner. What he heard was generally correct. They do not believe the County is giving anything up. The owner wants to build a long term cooperation between the Cities, County and to provide the Cities and County with tangible benefits. There is a tension between private and public rights. It's agreeable, not perfect.
Jim - would you agree to assurances as listed? Speaker - agreed to 7 1/2 percent - just wanted to clarify. Would not leave land fallow per Jim's request to agree with more certainty they would keep certain amt of land in ag.
Helen - farmers in yolo basin area - subsidies to not farm. Sup. Chamberlain asked about water - the speaker addressed this that just because there are potential opportunities, if there isn't any water they won't get any
Frank Sieferman Sr. addressed the Board. What is the urgency? Concerns for the due process that it has come up so quickly in his mind. Catherine Portman, Yvonne LeMaitre, John Munn (President of Taxpayer's Association), addressed the Board.
Barbara King addressed the Board. Closed p/h.
Mike - clarification on the selling the water to Sac Metropolitan Water.
Motion by Jim to postpone this decision until next scheduled regular board meeting on Jan. 11, 2011 seconded by chamberlain - (Jim explained why he wants to wait) 2/3 - motion fails - Yes - Provenza, Chamberlain and noes - Mike, Helen and Matt Motion by Mike - approve recommended action and seconded by Rexroad Mike explained his reasons. Jim - fundamental problem - being driven by the Bay Delta Conservation Plan - controlled by the water contractors. We are giving permission but we don't know the long-term consequences. We have no guarantee or assurances. Believe this is premature. Would like more time. Need some legal ability to fend off the BDCP.
Helen spoke on supporting this issue. Matt commented. This agreement does not approve the sale of surplus water. 3/2 Yes - McGowan, Rexroad, Helen - Noes Chamberlain, Provenza
The following individuals addressed the Board of Supervisors on this matter:
Tim Taron, Frank Sieferman, Sr., Catherine Portman, Yvonne LeMaitre, John Munn, and Barbara King.
Motion to Minute Order No. 10-251: Motion made by Supervisor Provenza and seconded by Supervisor Chamberlain to postpone a decision until the next regularly scheduled Board of Supervisors meeting on January 11, 2011. Motion failed by a 2/3 vote. Moved by Provenza, seconded by Chamberlain.
Vote to Minute Order No. 10-251: Motion made by Supervisor Provenza and seconded by Supervisor Chamberlain to postpone a decision until the next regularly scheduled Board of Supervisors meeting on January 11, 2011. Motion failed by a 2/3 vote. (Declined)
Motion to Minute Order No. 10-252: Approved recommended action by
Agreement No. 10-185
. Moved by McGowan, seconded by Rexroad.
Vote to Minute Order No. 10-252: Approved recommended action by
Agreement No. 10-185
. (Approved)
ADJOURNMENT
Next meeting scheduled for January 11, 2011
I declare under penalty of perjury that the foregoing agenda was posted December 16, 2010 by 1:30 P.M. at the following places:
1. On the bulletin board at the east entrance of the Erwin W. Meier Administration Building, 625 Court Street, Woodland, California; and
2. On the bulletin board outside the Board of Supervisors Chambers, Room 206, in the Erwin W. Meier Administration Building, 625 Court Street, Woodland, California.
I declare under penalty of perjury that the foregoing agenda will be posted no later than December 16, 2010 by 5:00 P.M. as follows:
3. On the Yolo County website: www.yolocounty.org.
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