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HomeMy WebLinkAboutMINUTES - 10192010 - C.09RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute license agreements for livestock grazing of the Habitat Management Lands at Byron Airport with Gary and Delores Kuhn, Alfred and Laurel Mendoza, and Joseph C. and Patricia A. Borges, Byron area. FISCAL IMPACT: The Airport Enterprise Fund will realize a total of $6,789.00 annually in fees for period from December 1, 2010 through November 30, 2015 for all three grazing areas (Kuhn at $936.20, Stewart at $1,438.40 and Borges at $4,414.40). The annual fee will then be increased by formula based on the market rate of livestock and the allowable number of animal unit months for the grazing areas effective at time of revaluation. BACKGROUND: The Habitat Management Land (HML) areas total about 814 acres of County owned land and entirely within the unincorporated County. The County entered into an easement with the Department of Fish and Game (Easement) for the conservation of the HML when undertaking the development APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/19/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Mary N. Piepho, District III Supervisor Contact: Beth Lee, (925) 646-5722 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 19, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: C. 9 To:Board of Supervisors From:Keith Freitas, Airports Director Date:October 19, 2010 Contra Costa County Subject:APPROVE and AUTHORIZE the Director of Airports, or designee, to execute license agreements with Byron Airport livestock grazing tenants. BACKGROUND: (CONT'D) of the Byron Airport. The HML was divided into three (3) grazing areas which have had three continuous grazing license tenants. In 2008, County staff revised the license agreements for the HML to incorporate all the required parameters and obligations contained within our Easement. In July 2008, the Board authorized executing the revised license agreement with our existing grazing license tenants for two years (ending in November 2010) to allow sufficient time to commence a solicitation process for longer term license opportunities. In March 2009, Airport staff put out a general solicitation for grazing license interest with a response deadline of May 26, 2009. The County received nine (9) total letters of grazing license interest. On May 27, 2009, Airport staff sent the nine interested parties a Request for Proposals (RFP) package and received a total of six (6) RFP responses that could be reviewed, ranked and considered for grazing license opportunity. A Selection Committee, comprised of three members of the County’s Aviation Advisory Committee, three outside Range Managers and one Airport staff, reviewed the RFP submittals, interviewed the six prospective grazers and then determined the following priority ranking order: Ranking Grazing License Proposer 1 Borges (Existing Tenant) 2 Kuhn (Existing Tenant) 3 Mendoza (New) 4 Martin (New) 5 Lopez (New) 6 Stewart (Existing Tenant) On September 22, 2009, the Board authorized Airport staff to negotiate license terms with the grazers in priority ranking order. The top two respondents were existing Byron Airport grazing tenants and confirmed their interest in continuing to graze their existing areas. Based on the ranking outcome, the third pasture area (License Area II at 122 acres) would be available to a new tenant; Airport staff received positive responses from the 3rd, 5th and 6th ranked parties to graze this pasture. The 4th ranked party declined the opportunity. Airport staff worked with the top three ranked grazers, the County’s Range Manager and County Counsel to revise the new form of and terms for the license agreements (see attached). Under the new license agreements, Borges will graze License Area I (total of 478 acres), Mendoza will graze License Area II (total of 122 acres) and Kuhn will graze License Area III (total of 127 acres). The license provides that Kuhn’s fee amount is $936.20, Mendoza’s is $1,438.40, and Borges is $4,414.40 annually for the initial term from December 1, 2010 to November 30, 2015. The licenses may be extended for up to two five-year terms and the new fee would be based on the market rate for livestock and the allowable animal unit months in effect at the time of the fee revaluation. CONSEQUENCE OF NEGATIVE ACTION: If the license agreements are not approved, the County will have to implement alternative measures for vegetation management in order to meet the conservation goals of the Easement. Such alternative measures may result in increased cost to the County to comply with the Easement. CHILDREN'S IMPACT STATEMENT: Not Applicable ATTACHMENTS Mendoza Grazing License Borges Grazing License Kuhn Grazing License