Yolo HCP/NCCP Woodland Regional Park Preserve
Site Specific Management Plan
4 August 2022
Conservation Value Biological Objective
Goal WBO1: Provide for the conservation of western burrowing owl in the Plan Area.
Western burrowing owl
conservation
Objective WBO1.1: Of the 4,430 acres of protected grassland natural community (Objective NC-G1.1), site at least 3,000 acres in modeled western burrowing owl habitat.
Western burrowing owl
conservation (if species
nests onsite)
Objective WBO1.3: Maintain a minimum of two active burrowing owl nesting sites within the reverse system, and maintain two active nesting sites in the reserve system for each nesting pair displaced by covered activities and maintain one active nesting site or single owl site in the reserve system for each non-breeding single owl displaced by covered activities.
Western burrowing owl
conservation
Objective WBO1.5: Implement management and enhancement practices to encourage burrowing owl occupancy on preserve lands. Management practices include maintaining appropriate vegetation height, prohibiting rodenticides, minimizing the spread of invasive weed species, and encouraging the presence of ground squirrels. Enhancement practices include the installation of artificial burrows to augment natural burrows where they are lacking, creating berms as future burrowing sites, and creation of debris piles to enhance prey populations. These actions are designed to maintain existing populations and encourage the expansion of nesting populations in the Plan Area.
Tricolored Blackbird
Goal TRBL1: Provide for the conservation of tricolored blackbirds in the Plan Area.
Tricolored blackbird
conservation
Objective TRBL1.4: Maintain at least 300 acres, consisting of at least 150-acre blocks, of tricolored blackbird foraging habitat in the reserve system without pesticides.
1.2 Purpose of Management Plan
The purpose of this Woodland Regional Park Preserve Site Specific Management Plan (Management Plan) is to ensure the Easement Area identified in the Woodland Regional Park Preserve Conservation Easement (Conservation Easement) is managed, monitored, and maintained in perpetuity for the covered species and natural communities it supports. This document includes a description of biological resources identified for protection and establishes specific guidelines, roles, and responsibilities for the management and monitoring of the Conservation Easement. It was developed concurrently with the development of the Conservation Easement. This Management Plan is a binding and enforceable agreement implemented in accordance with the requirements of the Yolo HCP/NCCP and the terms of the Conservation Easement covering the property.
1.3 Land Ownership, Management, and Monitoring Entities The parties responsible for ensuring that the lands associated with the Conservation Easement are maintained in a manner consistent with the Conservation Easement are listed below. The Landowner is responsible for overseeing implementation of all management activities and site requirements of this Management Plan, except where explicitly stated otherwise.
Landowner
The City of Woodland (City or Landowner) owns fee title to the property and is responsible for all facilities and activities within the Municipal Well Site Development Envelope and Park Facilities Development Envelope, managing and maintaining the infrastructure on the Site (e.g., parking area, trails, Site perimeter fencing, etc.), maintaining the landfill cap as required to meet State and local requirements, and managing public access on the Site to ensure that the Conservation Values of the Conservation Easement are not impaired. The Landowner may delegate some or all associated activities to other parties but remains responsible for ensuring that these activities are conducted in a manner that is consistent with the Conservation Easement and this Management Plan. Contact information for the Landowner is as follows:
Name: City of Woodland
Contact Name: Ken Hiatt
Address: 300 First Street, Woodland, CA 95695
Phone number: 530-661-5802
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Email: [email protected]
Conservation Easement Holder and Conservation Area Land Manager The Yolo Habitat Conservancy (Conservancy or Easement Holder) oversees the implementation of the Yolo HCP/NCCP and is responsible for ensuring, though periodic monitoring, that the activities within the Easement Area are consistent with the Yolo HCP/NCCP conservation strategy. The Conservancy is also the easement holder of the Conservation Easement and is responsible for managing the habitat within the portion of the Easement Area that is not contained within a development envelope (Conservation Area) to protect and preserve the Conservation Values on the Site in a manner that is consistent with the Conservation Easement and this Management Plan. While the City owns and is responsible for the maintenance and upkeep of the wetlands well pump and drainage to the wetlands, which are both located within the Park Facilities Development Envelope, the Conservancy is responsible for ensuring the well pump is operated in a manner that water levels in the constructed wetlands are managed and maintained to support habitat functions. In addition to managing the natural resources within the Easement Area, the Conservancy will conduct, at minimum, annual population monitoring of the palmate-bracted bird’s-beak population and annual compliance monitoring to ensure the Easement Area is managed and maintained in accordance with the Yolo HCP/NCCP, the Conservation Easement, and this Management Plan. The Yolo Habitat Conservancy may delegate some or all associated activities to other parties but remains responsible for ensuring that these activities are conducted in a manner that is consistent with the Conservation Easement and this Management Plan. Contact information for the Yolo Habitat Conservancy is as follows:
Name: Yolo Habitat Conservancy
Contact Name: Alexander Tengolics, Executive Director
Address: P.O. Box 2202, Woodland, CA 95776
Phone number: (530) 666-8150
Email: [email protected]
1.4 Baseline Surveys and Management Plan Development
This management plan was prepared by Ellen Berryman (ICF) and Chris Alford (Alford Environmental) with support from other ICF staff along with review and input from the Landowners, Yolo Habitat Conservancy staff, California Department of Fish and Wildlife (CDFW) staff, and US Fish and Wildlife Service (USFWS) staff. To prepare this management plan Ms. Berryman, Ms. Alford, and supporting ICF staff reviewed available background documents and datasets, collected site information during site visits, and prepared the management plan narrative and figures in a manner consistent with the current Yolo HCP/NCCP Site Specific Management Plan template.
Documents that were reviewed to prepare the plan included:
• Special-status species occurrence records in the vicinity of the Easement Area from the California Department of Fish and Wildlife’s (CDFW) California Natural Diversity Database (CNDDB 2021) • U.S. Geological Survey (USGS) Grays Bend 7.5’ topographic quadrangle • U.S. Department of Agriculture (USDA) SSURGO soil survey maps and data • Woodland Regional Park Phase I Environmental Site Assessment Report • The most current draft of the Conservation Easement Deed (Conservation Easement) • Woodland Regional Park Restoration Plan
• Management Plan for the Alkali Grasslands Preserve
• Yolo HCP/NCCP Science and Technical Advisory Committee’s Woodland Regional Park Site Evaluation (2015) and follow-up evaluation (2019)
• Yolo Habitat Conservancy and City of Woodland in-house files
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The baseline land cover mapping and general site conditions documentation that has been incorporated into this management plan was collected during surveys conducted June and July, 2020, November 24, 2021, and May 2, 2022 (Site Visits). The June and July, 2020, surveys focused on documenting locations of palmate-bracted bird’s- beak (Appendix B). Center for Natural Lands Management staff members Catherine Little and Atalie Brown conducted these surveys consistent with the protocol established in Section 6.5.6.3.1 of the Yolo HCP/NCCP. The November, 2021 site visit was conducted by ICF staff biologist Doug Leslie, and focused primarily on Site conditions and wildlife habitat. The entire Site was walked to verify previous natural community mapping, looking for and noting trees, ground squirrel burrows, elderberry shrubs, and any other special habitat features on the Site.
All trees and elderberry shrubs outside the riparian area surrounding the pond were mapped. Ponded habitats were mapped where noted. However, lack of rainfall precluded conducting a complete inventory of ponded habitats potentially occurring on the Site. The survey conducted by Mehrey Vaghti, a Yolo HCP/NCCP qualified biologist, in May, 2022 documented dominant plant species, including the identification of non-native plants of management concern (Appendix A).
In 2019, the City of Woodland partnered with the California Waterfowl Association to implement a restoration project limited to the pond and associated riparian zone of the Site to restore and enhance natural communities and HCP/NCCP covered species habitat. In July, 2020, the Conservancy and its partners completed a wetland restoration plan for the Site consistent with Yolo HCP/NCCP requirements (Appendix C). While the construction phase of the wetland restoration effort was completed prior to the completion of this management plan, the associated plantings have yet to mature. Figures 4a, 4b, and 4c have been added to this site-specific management plan in order to document the baseline land cover conditions prior to the restoration, at the time of the establishment of this management plan, and anticipated conditions once restored vegetation has reached maturity. 2: PROPERTY DESCRIPTION
2.1 Locations and Setting
The Woodland Regional Park Preserve is in Yolo County, California immediately east of County Road 102, within the southeast corner of the City of Woodland (Yolo HCP/NCCP Planning Unit 19). Site access is from a gate located on the eastern side of County Road 102, across from County Road 25A. The gated entrance is located at the southwest corner of the Woodland Regional Park Preserve and provides access to a gravel road, recognized as Mavis Henson Road, which runs along the southern portion of the Site. The regional location map (Figure 1) shows the Woodland Regional Park Preserve in relation to cities, towns, or major roads, and other distinguishable landmarks. The vicinity map (Figure 2) shows the Woodland Regional Park Preserve and adjacent lands, and the site map (Figure 3) shows the Woodland Regional Park Preserve and specific features identified within the Conservation Easement and this management plan. The restoration area maps (Figures 4a, 4b, and 4c) show the portion of Woodland Regional Park Preserve that contains the wetlands restoration area and the land cover types associated with that area prior to restoration (Figure 4a), post initial restoration at the time the May 2022 baseline site survey was conducted (Figure 4b), and the anticipated land cover types once the vegetation within the restored area is mature (Figure 4c).
Assessor’s Parcel Number(s): 042-030-012
U.S. Geological Survey 7.5-minute quadrangle: GRAYS BEND Township & Range: Section 11, Township 9 North, Range 2 East, M.D.B.&M.
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Figure 1: Location of Woodland Regional Park Preserve
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Figure 2: Woodland Regional Park Preserve vicinity map showing land uses as captured in aerial photography taken in 2018, existing protected lands, and CNDDB species occurrence records as of October 5, 2021.
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Figure 3: Woodland Regional Park Preserve site map showing Conservation Easement Areas and locations of site features in existence at the time of the May 2022 Site Visit.
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Figure 4a: Woodland Regional Park Preserve wetlands restoration area – pre-restoration baseline land cover
Figure 4b: Woodland Regional Park Preserve Wetlands Restoration Area – May 2022 baseline land cover
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Figure 4c: Woodland Regional Park Preserve Wetlands Restoration Area Baseline Map – anticipated fully restored land cover consistent with the Woodland Regional Park Natural Community Restoration Plan (2020)
2.2 Historic and Current Land Use
The Site has had a variety of past uses. In the early 1900’s, the Site was primarily undeveloped open space used for livestock grazing land and contained several structures clustered in the northwest quadrant of the Site that were likely a homesite and barn with associated ancillary structures. The Site was purchased by the City in 1935 and the City proceeded to utilize the central portion of the Site as the city dump that was subsequently converted into a landfill in 1971. The five landfill cells, occupying a combined total of approximately 29 acres of the central and northeastern portion of the Site were capped in 1981 with soil excavated from an approximately 22-acre borrow pit located on the southeastern portion of the Site. The borrow pit was converted into a constructed wetland with an irrigation supply well in 2020/2021, consistent with the Yolo HCP/NCCP-approved Woodland Regional Park Natural Community Restoration Plan (ICF 2020).
After the closure of the landfill, portions of the Site were developed for recreational uses. Remnant infrastructure associated with past uses of the Site that are no longer active include a dilapidated shed along the west-central boundary of the Site; building pads, parking areas, a runway in the south-central portion marking the location of the former Mavis Henson Field (former Aeromodelers Club launch pad); and building pads and fencing in the far southeastern corner marking the location of the former Los Caporales Rodeo ring.
The Site contains infrastructure that is currently used for municipal purposes and recently developed infrastructure intended for future public uses and to support the operations and maintenance of the recently constructed wetland. The City operates a municipal water supply well on the northern portion of the Site that is enclosed within a chain link fence and is accessed by City staff via a gravel road from County Road 25. This municipal well, the chain link fence, and access road, are all located within the Municipal Well Site Development Envelope. A drainage canal, referred to by City of Woodland staff as South Canal, and a gravel road, referred to as
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Mavis Henson Road (Road 25A), traverse along the southern edge of the Site within the Park Facilities Development Envelope. In addition to the conversion of the former borrow pit to a constructed wetland, several other modifications and infrastructure improvements were made in the southern portion of the Site during 2020 and 2021 to provide amenities that support future public access and enhance and protect habitat. A small parking area that meets Americans with Disabilities Act (ADA) standards, an agricultural well that supplies water for the constructed wetlands during the dry season, and a gravel road were each recently constructed on the southern portion of the Site within the Park Facilities Development Envelope. A concrete ADA accessible pedestrian pathway, approximately 8 feet wide, starts within the Park Facilities Development Envelope and extends approximately 1,600 feet along the western and northern edges of the constructed wetland within the Conservation Area was constructed in August 2020. A pedestrian bridge is incorporated into the pedestrian pathway to facilitate ADA accessible access across a drainage swale located along the northern edge of the constructed wetland. An irrigation network was installed to supply water to new and future tree plantings located along the edge of the constructed wetland area and within the riparian area along the ADA pathway.
2.3 Park Facilities and Proposed Future Use
While this Management Plan does not generally apply to the facilities and activities that are, or are anticipated to be, within the Park Facilities Development Envelope2, the infrastructure and anticipated uses of that area of the Site are connected to the current and future public access trails and passive recreational use amenities within the Conservation Area as well as hydrologically connected, via the well and associated constructed channel, to the constructed wetland within the Conservation Area. For these reasons, the existing and proposed facilities and future uses of the Park Facilities Development Envelope are described here for informational purposes.
A kiosk structure was built at the entrance of the ADA pathway, within the Park Facilities Development Envelope, for which the City and its partners are currently designing information signage. In summer 2021, the decomposed granite pad around the kiosk was expanded to create enough room for a gathering area, a temporary porta-potty, handwashing station, and a concrete bike rack pad that will accommodate approximately twenty bikes. During the same time period, a post and cable fence line was installed along the gravel entry road and extending behind the kiosk gathering area, to section off and protect sensitive vernal pool habitat from vehicle, foot, and bike traffic. The City of Woodland anticipates opening the Park Facilities Development Envelope and the ADA pathway, which is located partially within the Park Facilities Development Envelope and partially within the Conservation Area, to the public in 2023.
While not yet constructed, a science and nature education facility that is projected to include a nature and science education center will provide the Woodland community and regional visitors with a facility to use for educational programs, community events, and cultural explorations. This planned 10,000 square foot facility, known as the Center for Nature, Science, and Culture at the Woodland Regional Park Preserve (Center), is anticipated to include a multi-purpose room, lab, an indoor/outdoor classroom, kitchen, office space, restrooms and storage. The Center will be managed by Tuleyome through a long-term lease from the City. Tuleyome will develop and coordinate educational programming in partnership with other organizations to provide unique nature-based experiences for the local community and out-of-town residents. In addition, a 0.5 mile multi-use trail that will stem from the facility, head south, then northeast to connect with the existing ADA trail, will be constructed within the Park Facilities Development Envelope along with parking facilities, and a school bus turn around area. The multi-use trail (identified as the walking path in Figure 5), which will accommodate the same recreational uses as the 1600 ft ADA pathway, will be located entirely within the Park Facilities Development Envelope and maintain a buffer distance of at least 500ft from the known palmate-bracted-bird’s beak population. Public access to facilities within the Park Facilities Development Envelope will be along the existing Mavis Henson Road (County Road 25A).
2 The well and associated channel that provide water to the constructed wetlands are the only features within the Park Facilities Development Envelope that are explicitly tied to management within the Conservation Area. Maintenance and management of these features is discussed in Section 4.1.10.
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Figure 5: Conceptual plan for the Center for Nature, Science, and Culture within the Park Facilities Development Envelope
In addition to the recreational and other public uses planned within the Park Facilities Development Envelope, the City also has a well and associated water conveyance channel that provides water to the constructed wetland located within the Conservation Area and a canal (South Canal) that runs along the southern edge of the Site to convey stormwater away from the City of Woodland. The City anticipates the need to expand the stormwater canal located along the southern edge of the Easement Area in order to increase the water conveyance capacity of the canal such that it can accommodate a 200-year storm event. Both the canal expansion area and the staging of equipment necessary to conduct this effort will be located entirely within the Park Facilities Development Envelope. The expansion of the canal will be on the south side of the canal, which is not hydrologically connected to the alkali prairie or other sensitive habitat areas located within the Conservation Area.
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2.4 Site Soils, Topography, and Hydrology
The Woodland Regional Park Preserve
is located in the southern portion of the
Sacramento Valley, which is in the
northern portion of the Great Valley
geomorphic province of California. The
soil survey of Yolo County, California
identified four soil phases within the
Woodland Regional Park Preserve
including Rincon silty clay loam, Capay
silty clay, Riz loam, and Pescadero silty
clay, saline-alkali (Andrews 1972).
Rincon silty clay loam (~2.0%) is
located along the southeastern corner
of the Site, with Capay silty clay
(~20.7%) located along the southwest
edge of the Site, Riz loam (~20.4%)
occupies a portion of northwest corner
of the Site, and Pescadero silty clay,
saline-alkali occupies the majority of
the eastern and northern portions of
the Site (~56.9%) (See Figure 4). Rincon silty clay loam and Capay silty clay are designated as Prime Farmland by the Natural Resource Conservation Service, U.S. Department of Agriculture, and the California Department of Conservation Farmland Mapping and Monitoring Program if irrigated. The other two soil classifications are not considered prime agricultural land.
Rincon silty clay loam (Rg) consists of well drained alluvium derived from sedimentary rock, occurring on alluvial fans with 0 to 1 percent slopes. Depth to water table is generally greater than 6 feet. Soils are nonsaline to very slightly saline and have high water storage capacity.
Capay silty clay (Ca) consists of very deep, moderately well-drained soils derived from igneous, metamorphic, and sedimentary rock, occurring on alluvial fans, alluvial flats, interfan basins, and basin rims with 0 to 9 percent slopes. Depth to water table is approximately 4-6 feet. Water storage capacity is moderate, ponding is frequent, and soils can be saline-sodic throughout. Soils exhibit cracking in the summer months.
Riz loam (Rk) consists of poorly drained calcareous silty alluvium occurring on terraces with 0 to 1 percent slopes. Depth to water table is approximately 24-48 inches. Soils are slightly saline to strongly saline with moderate water storage capacity.
Pescadero silty clay, saline-alkali (Pb) consists of poorly drained alluvium derived from sedimentary rock, occurring on basin floors with 0 to 1 percent slopes. Depth to water table is approximately 24-48 inches. Soils are slightly to moderately saline, and have moderate available water storage capacity.
The topography on the property ranges approximately between approximately 30 feet above mean sea level (and lower within in the basin of the constructed wetlands) to approximately 50 feet above mean sea level on the top of the capped landfill cells in the central portion of the Site. These cells are on top of the underlying native soils described above. Topography is generally flat on the south and southwestern portions of the property. Hills and swales are present north of the pond formed by the mounded caps of the former landfills in the northeastern quadrant. The property lies just north of Willow Slough between the Putah and Cache Creek drainages. Historically, floodwaters from these drainages created a mosaic of wetlands and alkali sink habitats located above the Yolo Basin. Water enters the property via direct precipitation and sheet-flow runoff from surrounding uplands.
Figure 6: W
oodland Regional Park Preserve soils map
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2.5 Existing Easements and Encumbrances
The Woodland Regional Park Preserve contains existing easements and encumbrances that were established prior to the time that the Woodland Regional Park Preserve Conservation Easement was established on the property.
The Site also has several restrictions in place due to its past use as a landfill.
2.5.1 Title Encumbrances
The easements and encumbrances that are documented in the Preliminary Title Report dated August 10, 20223 and are pertinent to the Easement Area include:
1. Rights of the public and of the City of Woodland, as to that portion of the herein described property lying within County Roads 102 and 25, a public road.
2. An easement over said land for electrical facilities and incidental purposes, granted to Pacific Gas and Electric Company, in deed recorded September 30, 1966, (book) 838 (page) 111, Official Records.
Affects: Easterly 40 feet of the Westerly 92 feet
No representation is made as to the current ownership of said easement.
3. The terms, conditions and provisions as contained in the document entitled "Notice of Unrecorded Grant Agreement", by and between State of California and City of Woodland, dated July 6, 2018, recorded August 29, 2018, as (instrument) 2018-0020696, Official Records.
3 There are two exceptions in the August 2022 Preliminary Title Report that are associated with highway easements. These easement areas are not included in the Easement Area and therefore are not listed in this Manag ement Plan.
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Figure 7: Approximate locations of existing easements and encumbrances within the overall Woodland Regional Park Preserve property.
2.5.2 Former Landfill Site Conditions
Restrictions and conditions associated with the Site’s status as a former landfill include:
Activities and land uses on the Site must comply with Title 27, California Code of Regulations (27 CCR), including Section 21190, which is specific to Postclosure Land Use activities. Other than non-irrigated open space, the City is required to consult with, and seek compliance approval from, the Central Valley Regional Water Quality Control Board, CalRecycle, and Yolo County Environmental Health Department (acting as the
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Local Enforcement Agency (LEA)) for any proposed land uses on the Site if the proposed project involves:
structures within 1,000 feet of the former landfill disposal area, structures on top of waste, modification of the low permeability layer, or irrigation over waste (gas monitoring is required for structures built within 1,000 ft of the disposal boundary). Approximate locations of each of the landfill cap areas are shown in Figure 3.
2.6 Adjacent Land Uses
Extensive open space and agricultural land is still present along the northern, eastern and southern boundaries of the Site, while the Spring Lake residential development is located to the west and northwest. Major crop types in the immediate vicinity include rice, alfalfa hay, and wheat-tomato rotation with occasional plantings of sunflower, safflower, or similar crop types. Orchards are becoming more prevalent south and southwest of the Easement Area.
The surrounding open farmlands provide important habitat for many Central Valley wildlife species, including several Yolo HCP/NCCP covered species such as Swainson’s hawk, white-tailed kite, burrowing owl, tricolored blackbird, and giant garter snake. Trees along nearby Willow Slough provide substantial nesting habitat for Swainson’s hawk, white-tailed kite, and many other birds.
Adjacent to the northern and eastern boundaries of the Site is the Alkali Grasslands Preserve, a similar alkali grassland landscape protected by a conservation easement held by the Center for Natural Lands Management primarily for the protection of rare plants. The Conaway Ranch Tricolored Blackbird Conservation Easement site, a Yolo HCP/NCCP pre-permit reserve system site, is located approximately 0.5 miles east of the Site. Other Yolo HCP/NCCP pre-permit reserve system sites located within two miles of the Site include Merrit Ranch, located approximately 1.75 to the southwest, and the Conaway Ranch Swainson’s Hawk Conservation Easement Site, located approximately 1.75 miles to the southeast. Both sites are actively cultivated agricultural lands that have easements on them to maintain Swainson’s hawk foraging habitat.
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3: HABITAT AND SPECIES DESCRIPTIONS
3.1 Conditions and Conservation Values of the Easement
3.1.1 Land Cover Types / General Baseline Conditions
As described in Table 1, the baseline conservation values of the Site include landscape-level values (contribution to large, interconnected reserve system with a variety of gradients) natural community values (grassland, valley foothill riparian, alkali prairie, and lacustrine), and covered species values (palmate-bracted bird’s-beak, Swainson’s hawk, white-tailed kite, western burrowing owl, and tricolored blackbird). Additional values are anticipated with the restoration described in Section 3.2. The baseline conditions and conservation values for natural communities and covered species are described in greater detail in Sections 3.3 and 3.4.
3.2 Summary of Enhancement and Restoration Activities
The wetland restoration project described in Section 1.4, above and in more detail in the restoration plan provided as Appendix C, is expected to provide additional conservation values for natural communities (valley foothill riparian, lacustrine, and fresh emergent wetlands) and covered species (Swainson’s hawk and white-tailed kite nesting, tri-colored blackbird, western pond turtle, and potentially giant garter snake). This restoration involved excavation and grading in 2020 to deepen the western portion of the existing pond to allow this area to be managed as a perennial or permanent wetland and fill in the eastern portion to raise the elevation and create a seasonal wetland. Plantings of native trees and shrubs in the riparian buffer and grassland periphery of the restoration area to enhance habitat quality and complexity and prevent overuse by recreationists were also included in the restoration plan (Appendix C). An irrigation water supply well was drilled to a depth of 430 feet in May 2020, within the Park Facilities Development Envelope Area to provide a dedicated water supply to the constructed wetland area at a rate of up to 250 gallons per minute. A sinuous inlet swale was installed to convey water from the well head to the pond. A buried pipeline was also installed at the western end of the pond to serve as a discharge pipeline that empties into the municipal drainage canal along Mavis Henson Road (County Road 25A).
Five habitat islands were constructed in the eastern portion of the pond, and six habitat islands were constructed in the western end of the pond with the addition of four basking logs: one located on the western bank and three placed along the riparian edge on the northwestern edge. The habitat islands range in size from 0.04 to 0.28 acres, with 8:1 slopes. Prior to restoration, the eastern portion of the pond hosted swamp timothy (Crypsis schoenoides) and other emergent wetland plants and recolonization of freshwater emergent wetland vegetation is expected to establish naturally.
The Conservancy is allowed and encouraged to conduct, or have others conduct, additional habitat enhancement and restoration activities that protect and enhance the Conservation Values of the Conservation Easements within the Easement Area. It is anticipated that the primary enhancement activities within the Easement Area will focus on the management and reduction of invasive plant species and efforts to enhance covered species habitats as described in Chapter 4.
3.3 Yolo HCP/NCCP Natural Communities
Natural communities mapped at the Woodland Regional Park Preserve include annual grassland, alkali prairie, lacustrine (open water), and valley foothill riparian (See Figure 3). Additionally, the wetland restoration project is intended to establish fresh emergent wetlands on the Site (See Figure 4c). Each natural community is described below.
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3.3.1 Grasslands and Alkali Prairie
The Woodland Regional Park Preserve property is one of the few remaining locations in Yolo County with relatively undisturbed alkali soils. Formerly part of a larger alkali sink complex, the Site retains characteristics unique to this rare community including several special-status plants. As a result of their close physical association, intergrading formations and geomorphology, and similar vegetation, it is often difficult to distinguish between the alkali prairie natural community with its associated alkali seasonal wetlands and non-native grasslands that do not have associated alkali seasonal wetlands. The alkali prairie differs from the non-native grasslands in that they are the uplands associated with alkali wetlands, supporting the local watersheds for these wetlands. Ponded seasonal wetlands were evident in November 2021 and mapped throughout the property, however lack of rainfall precluded conducting a complete inventory of alkali seasonal wetlands occurring on the Site.
At the time of the November 2021 baseline survey, the majority of the property consisted of grassland cover, including annual grassland and five large areas of alkali prairie. Most of the alkali prairie was dominated by nonnative grasses such as Italian rye grass (Festuca perennis), barley species (Hordeum marinum spp. gussoneanum and H. murinum ssp. leporinum), and soft chess (Bromus hordeaceus); silverscale saltbush (Atriplex argenta) was intermixed as a subdominant. Within the nonnative annual grass were scattered, dense patches of native salt grass (Distichlis spicata), alkali heath (Frankenia salina), and spikeweed (Centromadia sp.). Encroaching yellow starthistle (Centaurea solstitialis), ripgut brome (Bromus diandrus), wild oats (Avena barbata and A. fatua), and perennial pepperweed (Lepidium latifolium) were found in all alkali prairie plots, and in some areas such as the southwest corner of the property, accounted for more than 50% of the cover.
3.3.2 Lacustrine (Open Water) and Fresh Emergent Wetlands An approximately 22-acre pond in the southeast section of the property, observed during the 2021 baseline survey, was originally created when the area was used as a borrow pit to obtain topsoil to cap the landfill mounds located in the central and northeastern portions of the Easement Area. The pond was originally a hydrologically disconnected, shallow, seasonal pond filled via overland runoff from surrounding upland areas. The area was re- graded as part of a wetlands restoration plan in 2020 and 2021. Although the restoration plan is intended to produce a combination of open water and fresh emergent wetlands, wetlands vegetation was not yet established and only open water was present at the time of the November 2021 and May 2022 baseline surveys.
Five habitat islands were constructed in the eastern portion of the pond, and six habitat islands were constructed in the western end of the pond with the addition of four basking logs: one located on the western bank and three placed along the riparian edge on the northwestern edge. The habitat islands range in size from 0.04 to 0.28 acres, with 8:1 slopes. At the time of the November 2021 and May 2022 baseline surveys, the pond was mostly open water and lacking any emergent vegetation. Recolonization of freshwater emergent wetland vegetation is expected to occur naturally after water has been consistently present within the constructed wetlands area over several seasons due to natural precipitation, pumping from the recently drilled agricultural well, or a combination of both water sources. Fall of 2021 was the first time that the agricultural well was operated to provide water to the constructed wetlands and the basin had previously dry post-grading due to drought conditions.
3.3.3 Valley Foothill Riparian
The dominant species surrounding the pond was black willow (Salix gooddingii) at the time of the November 2021 baseline survey. Some riparian plantings had been installed, and more are anticipated in the future along the northern boundary of the restoration area. Select mature willow shrubs from the northeast corner of the restoration area had been removed to provide space for mixed native tree and shrub interplantings. At the time of the development of this Management Plan, the City, in partnership with Tuleyome, had stated their intent to install additional native tree and shrub plantings along the ADA trail, and to install cottonwood (Populus fremontii), box elder (Acer negundo), and sycamore (Platanus racemosa) plantings on several of the habitat islands to promote nesting and foraging habitat for birds. Through funding from California ReLeaf, sixty fifteen-gallon native trees were planted in January 2022 along the ADA pathway. Additional planting days are planned for the first half of
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2022 with funding from California Waterfowl and California Wildlife Conservation Board.
3.4 Special-status and Yolo HCP/NCCP Covered Species
The California Natural Diversity Database (CNDDB; October 5, 2021 version of CNDDB records) was queried to identify records of special-status and Yolo HCP/NCCP covered species within a 2-mile radius of the Easement Area (See Table 2). A Swainson’s hawk (Buteo swainsoni) nest site occurrence was documented as occurring within a mature willow tree along the edge of the borrow pit (i.e., what is now the recently constructed wetlands area) within the Easement Area in 2012 (CNDDB, 2021). The CNDDB search also identified 17 additional individual Swainson’s hawk nest occurrences within two miles of the Easement Area along an approximately 1.25-mile section of Willow Slough that is documented to regularly have 1-4 additional active nest sites per year. The Yolo HCP/NCCP Swainson’s hawk nest survey conducted in 2020 identified one active nest within the Easement Area, and 16 additional active nest sites within 2 miles of the Easement Area (Estep, 2020). Nine of these 16 nest sites were observed along the Willow Slough riparian corridor. Occurrences of palmate-bracted bird’s beak (Chloropyron palmatum), alkali milk vetch (Astragalus tener var. tener), and San Joaquin spearscale (Extriplex joaquinana), brittlescale (Atriplex depressa), California alkali grass (Puccinellia simplex), and Heckard’s pepper- grass (Lepidium latipes var. heckardii) have each been documented within the Woodland Regional Park Preserve Easement Area. Additionally, two tricolored blackbird (Agelaius tricolor) occurrences, two giant garter snake (Thamnophis gigas) occurrences, and one burrowing owl occurrence (Athene cunicularia hypugaea) were recorded in CNDDB as being within two miles of the Easement Area. While no white-tailed kite, western pond turtle, or valley elderberry longhorn beetle occurrences are recorded in CNDDB as occurring within 2 miles of the Easement Area, the Site is identified by the Yolo HCP/NCCP as containing modeled habitat for each of these species. The status of each of these species is listed in Table 3 and additional information about these species is provided below.
Table 2: Special-status species documented within two miles of Woodland Regional Park Preserve Common Name Scientific Name Status
Federal/Statea
Plants
alkali milk-vetch Astragalus tener var. tener -/-/1B
Brittlescale Atriplex depressa -/-/1B
California alkali grass Puccinellia simplex -/-/1B
Heckard’s pepper-grass Lepidium latipes var. heckardii -/-/1B palmate-bracted bird’s beak Chloropyron palmatum E/E/1B saline clover Trifolium hydrophilum -/-/1B
San Joaquin spearscale Extriplex joaquinana -/-/1B
Invertebrates
vernal pool tadpole shrimp Lepidurus packardi E/-/-
Reptiles
giant garter snake Thamnophis gigas T/T/-
Birds
Swainson’s hawk Buteo swainsoni -/T/-
western burrowing owl Athene cunicularia hypugaea -/CSC/- tricolored blackbird Agelaius tricolor -/T/-
a Status designations:
- = No designation
E = Listed as endangered under the Federal Endangered Species Act or California Endangered Species Act T = Listed as threatened under the Federal Endangered Species Act or California Endangered Species Act FP = Fully protected under California Fish and Game Code CSC = California species of special concern
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Table 3: Yolo HCP/NCCP covered species with modeled habitat within Woodland Regional Park Preserve Common Name Scientific Name Status Federal/State/Othera palmate-bracted bird’s beak Chloropyron palmatum E/E/1B valley elderberry longhorn beetle Desmocerus californicus dimorphus T/-/- western pond turtle Actinemys marmorata -/CSC/-
Swainson’s hawk Buteo swainsoni -/T/-
white-tailed kite Elanus leucurus -/FP/-
western burrowing owl Athene cunicularia hypugaea -/CSC/- tricolored blackbird Agelaius tricolor -/T
giant garter snake Thamnophis gigas T/T/-
a Status designations:
- = No designation
E = Listed as endangered under the Federal Endangered Species Act or California Endangered Species Act T = Listed as threatened under the Federal Endangered Species Act or California Endangered Species Act FP = Fully protected under California Fish and Game Code CSC = California species of special concern
1B = California Native Plant Society (CNPS) designation for species rare or endangered in California and elsewhere
3.4.1 Palmate-bracted Bird’s Beak
Palmate-bracted bird’s beak is a federal and state listed endangered species. It is restricted to seasonally flooded, saline-alkali soils in lowland plains and basins. The species is hemi-parasitic and obtains water and nutrients from the roots of other plants. Known suitable host plants include saltgrass, Mojave red sage (Kochia californica), Torrey seepweed (Suada moquinii), and alkali heath.
Palmate-bracted bird’s beak was first documented on the Woodland Regional Park Preserve in 1996 with as many as 482 individuals (Showers 1996). One patch of plants was observed again in 2009 composed of approximately 25 individuals (Dean 2009), however, no plants were observed during surveys conducted in 2011 (Barnett Environmental 2011). The Center for Natural Lands Management (CNLM) conducted surveys in 2017, 2018, 2019, and 2020. During each of these surveys, CNLM staff observed plants at the same location as those observed in 2009, with an estimated 87 individuals in 2017, 42 individuals in 2018, 85 individuals in 2019, and 282 individuals in 2020 (CNLM 2020, Appendix B). The 2019 survey was conducted late in the season, likely resulting in an underestimate of the number of plants present as plants had already begun to senesce (CNLM 2020, Appendix B).
Palmate-bracted bird’s beak was observed growing with saltgrass, stinkwort (Dittrichia graveolens), perennial pepperweed, tarweed (Centromadia spp.), barley, alkali heath, and yellow starthistle. Aggressive invasive plant species growing within and among the observed plants are an immediate threat to this patch of palmate-bracted bird’s beak.
In Yolo County, this species is known to occur only in the vicinity of the remaining alkali sink community southeast of Woodland. This location is one of only seven known occurrence sites for the palmate-bracted bird’s beak. Yolo HCP/NCCP conservation of this species is focused on the Woodland Regional Park Preserve. This Management Plan focused on ensuring long-term protection, management, and monitoring of the population and meeting the conservation objectives for this species under the Yolo HCP/NCCP (Table 1, Objective PBBB1.1). The Site’s adjacency with other protected properties to the north and east will further enhance the potential for long-term protection and sustainability of this endangered plant population.
1.1.1 Valley Elderberry Longhorn Beetle
Three blue elderberry shrubs (Sambucus mexicana), potential habitat for the Valley elderberry longhorn beetle, were noted during the Site Visit on November 24, 2021; one just southwest of the pasture fence around the tank on the north side of the property, one in the ditch just outside the barbed wire fence along the western property boundary, and another near the southeast corner of the property. One additional elderberry shrub was observed in
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the northeast section of the property, adjacent to a group of valley oak trees that have been planted along a swale.
Yolo HCP/NCCP conservation for valley elderberry longhorn beetle will be met primarily through the protection of riparian habitats along Putah Creek or Cache Creek that support mature elderberry shrubs. Although the species can also benefit from the protection of some upland sites where isolated elderberry shrubs may occur, Putah Creek and Cache Creek, with their more extensive riparian systems, provide higher value and long-term benefit than do isolated upland shrubs that may be more subject to incidental disturbances or have less likelihood of occupancy by valley elderberry longhorn beetle. As such, this management plan includes provisions for avoiding impacts to the elderberry shrubs but conservation of Valley elderberry longhorn beetle is not a focused objective for the Site.
3.4.2 Western Pond Turtle
The western pond turtle is designated as a species of special concern in California. Western pond turtles are found in both natural aquatic habitats such as ponds and low-gradient streams as well as artificial water bodies, such as irrigation canals and detention basins. They rely on nearby upland habitat for nesting, overwintering, and dispersal. They may travel in upland areas as far as 400 meters (820 feet) from aquatic habitat.
There is a substantial amount of modeled suitable habitat for western pond turtles at the Woodland Regional Park Preserve. The Science and Technical Advisory Committee (STAC) did not identify suitable habitat for this species as being present during their 2015 evaluation, noted in their 2019 evaluation of the proposed wetlands restoration project that the restoration project would create high quality habitat for this species. Restoration actions recently implemented in the pond area increased the size of functional fresh emergent wetland and lacustrine habitat as well as ensured year-round wetland conditions for this species.
3.4.3 Giant Garter Snake
The giant garter snake is state and federally listed as threatened. This species is associated with low-gradient streams, wetlands, marshes, and rice fields in the California Central Valley. They also use adjacent uplands for basking, shelter, and over-wintering in burrows.
Two small aquatic features on the northeast and northwest corners of the borrow pit were mapped in the HCP/NCCP as modeled aquatic habitat for giant garter snake; however, the STAC determined during their 2015 site evaluation that no suitable giant garter snake habitat was present. The STAC’s 2019 assessment of restoration value on the Site determined that a substantial amount of potential habitat would be created through the wetlands restoration project, but that future occupancy remains uncertain due to the lack of connectivity to other suitable water sources. It is possible, however, that giant garter snakes could move overland to the Site from nearby Willow Slough.
The Yolo HCP/NCCP commits the Conservancy to protecting, restoring, and managing fresh emergent wetland and lacustrine/riverine natural community for giant garter snake (Table 1, Objective GGS1.4), and meeting the occupancy commitments stipulated in Table 6-2 (c) pf the Yolo HCP/NCCP (Table 1, Objective GGS1.5). The occupancy commitments require that all giant garter snake habitat must be occupied for it to count toward reserve system commitment. A site is considered occupied if it is in an “occupied habitat unit” as shown on Figure 6-12 of the Yolo HCP/NCCP. The Woodland Regional Park Preserve is not within an occupied habitat unit, but it is near an occupied habitat unit in the Willow Slough area. If the Site becomes occupied by the giant garter snake in the future, the habitat on the Site can be counted toward meeting the Yolo HCP/NCCP giant garter snake habitat commitments.
1.1.1 Swainson’s Hawk
The Swainson’s hawk is state listed as a threatened species. It is a migratory bird that arrives in the Central Valley in March and early April to nest and breed and typically migrates to its wintering grounds located between Central Mexico and central South America in September and October. It typically nests in tall trees and forages in annual
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grasslands, annual croplands, and irrigated pasture. Its prey includes small mammals such as meadow vole, pocket gopher, ground squirrels, as well as a variety of small birds, reptiles, and large insects.
The grasslands and alkali prairie on the Site provide foraging habitat for Swainson’s hawk and the riparian natural community and scattered trees provide nesting habitat. At the time of the 2021 baseline surveys, several mature trees, mostly willow, occurred on or near the eastern border of the property, and other nonnative trees occurred in scattered locations. Most of these trees were too small to provide nesting habitat for Swainson’s hawk. However, abundant nesting habitat for Swainson’s hawk occurred in the riparian natural community, dominated by black willow, surrounding the pond.
Confirmed Swainson’s hawk nest trees are located within 1.5 miles along the Willow Slough corridor and the species has been documented at the Site (Barnett Environmental 2011, Estep 2020). Willow Slough extends west- east just south of the property and supports a narrow band of primarily valley oak-dominated riparian woodland.
3.4.4 White-tailed Kite
The white-tailed kite is a fully protected species in California. It is found in the Central Valley throughout the year.
The primary breeding season occurs from May through August. White-tailed kites tend to nest in trees that have a dense canopy or are within a dense group of trees, such as a riparian forest. Foraging primarily occurs in annual cropland, irrigated pasture, annual grasslands, dry pasture, and rice stubble. Their prey is primarily meadow voles, although they also prey on other small mammals, small birds, insects, reptiles, and amphibians. The white-tailed kite has similar habitat requirements as the Swainson’s hawk so the habitat identified as suitable for the Swainson’s hawk applies to the white-tailed kite as well.
White-tailed kites were observed foraging at the Site during spring 2011 field surveys (Barnett Environmental 2011), suggesting that the modeled foraging habitat from the Yolo HCP/NCCP accurately predicts usage by this species.
3.4.5 Western Burrowing Owl
The western burrowing owl is a species of special concern in California. Burrowing owls rely on burrows for nesting and roosting. They often occupy abandoned ground squirrel burrows, although they will also use burrows created by other mammals as well as culverts, pipes, and artificial burrows. Burrowing owls will forage for prey in grasslands, pasture, field edges, and along road and levee edges. They favor areas with short-stature vegetation and often select mounded or slightly elevated burrow sites that are well drained.
During the November 2021 baseline surveys, there was evidence in the form of old burrows indicating occupancy, either currently or at some point in the past, by California ground squirrel, which provide potential habitat for burrowing owls. However, no squirrels were observed, and no sign of occupancy by owls was observed in November 2021.
3.4.6 Tricolored Blackbird
The tricolored blackbird was listed as a threatened species in California in April 2018. Many tricolored blackbirds reside throughout the year in the Central Valley of California although some populations migrate between inland breeding locations to wintering habitats located in the Sacramento-San Joaquin River Delta and coastal areas. They nest in colonies within marsh vegetation, blackberries or other thorny vegetation, or in silage and grain fields at sites located near water and foraging habitat. Tricolored blackbirds forage for insects in agricultural fields, pastures, grasslands, and wetlands.
At the time of the November 2021 baseline surveys, the Site did not contain suitable nesting habitat for tricolored blackbirds, but did provide foraging habitat in the upland grasslands. Nesting habitat for tricolored blackbird is anticipated to occur on the Site in the future as the vegetation within the restored wetlands area matures and the
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wetland is managed to promote the establishment and maintenance of habitat for this species. Tricolored blackbird has been observed along the adjacent Willow Slough and neighboring Conaway Ranch, and the Site provides suitable foraging habitat for the species.
3.5 Other Special Status Species
A special-status vegetation survey performed at Woodland Regional Park Preserve in 2009 encountered alkali milk-vetch (Astragalus tener var. tener), San Joaquin spearscale (Atriplex joaquiniana), and Heckard’s peppergrass (Lepidium latipes var. heckardii) in addition to palmate-bracted birds-beak (Chloropyron palmatus) (Dean 2009).
Additionally, biological and wetland resource assessments performed in 2011 documented heartscale (Atriplex cordulata), brittlescale (Atriplex depressa), and saline clover (Trifolium hydrophilum) occurrences in discrete areas of the property (Barnett Environmental 2011). San Joaquin spearscale was also observed in May 2022. Most of the observed special-status species occur in alkaline or saline soil types.
The remains of a dilapidated shed are located on the western portion of the property which could provide limited roosting habitat for common bat species although it is not expected to provide habitat for maternal colonies.
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4: MANAGEMENT
The primary use of the Conservation Area of Woodland Regional Park Preserve is the conservation and management of habitat for palmate-bracted bird’s-beak, Swainson’s hawk, white-tailed kite, western pond turtle, burrowing owl, and tricolored blackbird. As such, the primary management activities on the Site are intended to protect and maintain the resource values of the property for these purposes. The Site also provides habitat for a variety of native species that utilize alkali prairie, vernal pool, grassland, valley foothill riparian, and wetland natural communities.
In addition to providing ecological value, the Woodland Regional Park Preserve has been identified by the City of Woodland as a site that will be open to the public as a regional park and house a science and nature education facility. While most of the public uses of the Site will be contained within the Park Facilities Development Envelope, and therefore are not covered within the scope of this management plan, the City envisions providing passive recreation (e.g., hiking and wildlife viewing) and environmental education (e.g., outdoor education and docent led tours) opportunities within the Conservation Area to the extent those uses do not impair the Conservation Values of the Conservation Area and comply with Title 27 CCR, Section 21190. While the Woodland Regional Park Preserve did not have any allowed public access related uses occurring on the Site at the time this Management Plan and the associated conservation easement were established, this management plan acknowledges these uses as part of the long-term use of the property.
This chapter describes required management actions and other allowed management and enhancement actions allowed within the Conservation Area portion of the Easement Area, and other portions of the Easement Area to the extent that activities are explicitly identified in the Conservation Easement. Table 4 lists all the relevant Yolo HCP/NCCP biological goals and objectives that will be met through management and enhancements actions, describes potential management and enhancement actions associated with each objective, and indicates the sections in this management plan where the management or enhancement are described further. This chapter is organized as follows:
• Section 4.1, General Site Activities and Management, describes general activities allowed within the Easement Area.
• Section 4.2, Public Access and Use, describes management related to public uses within the Easement Area. • Section 4.3, Landscape-level Management Practices, describes management and enhancement measures related to meeting the Yolo HCP/NCCP biological goals and objectives at the landscape level. • Section 4.4, Natural Community-specific Management Practices, describes management and enhancement measures related to meeting the Yolo HCP/NCCP biological goals and objectives for natural communities • Section 4.5, Species-specific Management Practices, describes management and enhancement measures related to meeting the Yolo HCP/NCCP biological goals and objectives for covered species. • Section 4.6, Avoidance and Minimization Measures, describes measures that must be implemented on the Site to avoid and minimize take of covered species.
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Table 4: Management Related Biological Goals and Objectives, Actions, Relevant Management Plan Sections Yolo HCP/NCCP Biological Goals and Objectives
Potential Management or Enhancement
Actions Management Plan Sections
Objective L-2.1: Increase native species diversity and relative cover of native plant species, and reduce the introduction and proliferation of nonnative plant and animal species across the reserve system.
Control invasive non-native plant species that
are detrimental to biodiversity and covered
species habitat values in natural lands
associated with cultivated lands.
Section 4.3.1, Native Biodiversity
Objective L-2.2: Increase the abundance of native insect pollinators that support reproduction of native plant species and long-term production of agricultural crops that support habitat for covered and other native wildlife species.
Implement measures described in Yolo
HCP/NCCP Appendix G, Pollinator Conservation
Strategy.
Section 4.3.2, Pollinator Strategy
Objective NC-G1.1: Protect 4,430 acres of unprotected grassland, including at least 3,000 acres in the Dunnigan Hills planning unit (PU 5).
Protect grassland from conversion to other land
cover types (stipulated in conservation
easement).
Section 4.1, General Site Activities and
Management
Objective NC-G1.2: Maintain and enhance the functions of protected grassland in the reserve system as habitat for covered and other native species by increasing burrow availability for burrow-dependent species, and increasing prey abundance and accessibility for grassland-foraging species.
Vegetation control (primarily through grazing)
and placement of enhancement features for prey
(such as creating debris piles).
Section 4.4.2, Grasslands
Objective NC-VFR1.1: Protect, manage, and enhance 1,600 acres of unprotected valley foothill riparian distributed primarily in planning units 7 and 9.
Protect valley foothill riparian from conversion
to other land cover types (stipulated in
conservation easement).
Section 4.1, General Site Activities and
Management
Ensure water source supporting the valley
foothill riparian is secure.
Section 4.1.7, Water Management
Vegetation and grazing management. Section 4.3.1., Native Biodiversity/Vegetation Management
Objective NC-VFR1.2: Restore and manage 608 acres of valley foothill riparian natural community.
Manage livestock grazing, control invasive
plans, plant native species.
Section 4.4.4, Valley Foothill Riparian
Objective NC-AP1.1: Protect 35 acres of alkali prairie natural community on the Woodland Regional Park [Preserve] prior to any loss of this natural community as a result of covered activities (Figure 6-4, Alkali Prairie Natural Community and Baseline Public and Easement Lands).
Protect alkali prairie from conversion to other
land cover types (stipulated in conservation
easement).
Section 4.1, General Site Activities and
Management
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Yolo HCP/NCCP Biological Goals and Objectives
Potential Management or Enhancement
Actions Management Plan Sections
Objective NC-AP1.2: Implement management activities (primarily control of nonnative plants and human activities) within the Woodland Regional Park [Preserve] to reduce adverse effects on habitat conditions and enhance the functions of alkali prairie within the reserve system as habitat for covered and other native species, such as saltgrass.
Control of invasive plants and human activities. Section 4.4.1, Alkali Prairie Objective NC-FEW1.3: Enhance the functions of protected fresh emergent wetland as habitat for covered species (e.g., giant garter snake) and other native species.
Control invasive species, maintain water levels,
control erosion, add and maintain habitat
features such as basking and hibernation sites.
Section 4.4.3, Fresh Emergent Wetland and Open
Water
Objective NC-LR1.1: Protect, manage, and enhance 600 acres of lacustrine and riverine natural community providing habitat for covered and other native species.
Control invasive species, maintain water levels,
control erosion, add and maintain habitat
features such as basking and hibernation sites.
Section 4.4.3, Fresh Emergent Wetland and Open
Water
Objective PBBB1.1 Increase the 10-year running average of the size of the palmate-bracted bird’s beak population on Woodland Regional Park [Preserve] by 10%, by managing and enhancing habitat.
Control of invasive species, potential seeding of
palmate-bracted bird’s beak if needed.
Section 4.4.1, Alkali Prairie
Objective WPT1.1: Within protected and restored lacustrine and protected and enhanced riverine natural communities, add logs, rocks, and/or emergent vegetation for basking sites and other western pond turtle habitat features, and meet the occupancy commitment for this species in the Yolo HCP/NCCP.
Add logs, rocks, and/or emergent vegetation for
basking sites and other western pond turtle
habitat features.
Section 4.4.3, Fresh Emergent Wetland and Open
Water
Objective GGS1.2: Protect and manage 1,160 acres of upland natural communities (Objective L-1.1) to provide active season upland movement habitat and at least 2,315 acres to provide overwintering habitat for giant garter snake.
Protect upland areas from conversion to other
land cover types (stipulated in conservation
easement).
Section 4.1, General Site Activities and
Management
Objective GGS1.3: Protect, restore, and manage the 500 acres of fresh emergent wetland natural community (Objective NC- FEW1.1), at least 420 acres of the lacustrine/riverine natural community (Objective NC-LR.1.1), the restored fresh emergent wetland (Objective NC-FEW1.2), and restored lacustrine and riverine natural community (Objective NC-LR1.2) to conserve the giant garter snake. Ensure at least 80% of the aquatic habitat is perennial, and the remainder provides aquatic habitat for the giant garter snake during the active season at least through July of each summer.
Protect existing habitat from conversion to
other land cover types (stipulated in
conservation easement).
Section 4.1, General Site Activities and
Management
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Yolo HCP/NCCP Biological Goals and Objectives
Potential Management or Enhancement
Actions Management Plan Sections
Objective GGS1.5: Meet the occupancy commitment for giant garter snake in Table 6-2(c) [of the Yolo HCP/NCCP].
Maintain fresh emergent wetlands and open
water habitat (which will count toward giant
garter snake habitat commitment if site
becomes occupied).
Section 4.4.3, Fresh Emergent Wetland and Open
Water
Objective SH1.2: Protect and manage the 4,430 acres of grassland natural community (Objectives NC-GR1.1) to ensure that it provides Swainson’s hawk foraging habitat.
Protect grassland from conversion to other land
cover types (stipulated in conservation
easement).
Section 4.1, General Site Activities and
Management
Objective SH1.3: Protect and maintain at least 20 unprotected Swainson’s hawk nest trees (active within the last five years at the time tree is protected) within the reserve system, consistent with the occupancy commitments for this species in Table 6-2(c) of the HCP/NCCP.
Avoid activities that would affect Swainson’s
hawk nest trees on the site.
Section 4.5.5, Swainson’s Hawk and White-tailed
Kite
Objective WTKI.1: Meet the occupancy commitment for white- tailed kite in Table 6-2(c) of the HCP/NCCP.
Protect nesting trees. Section 4.1, General Site Activities and Management
Section 4.5.5, Swainson’s Hawk and White-tailed
Kite
Objective WBO1.3: Maintain a minimum of two active burrowing owl nesting sites within the preserve system, and maintain two active nesting sites in the reserve system for each nesting pair displaced by covered activities and maintain one active nesting site or single owl site in the reserve system for each non-breeding single owl displaced by covered activities.
Protect western burrowing owls burrows if they
occur on the site.
Section 4.5.1, Western Burrowing Owl
Objective WBO1.5: Implement management and enhancement
practices to encourage burrowing owl occupancy on preserve lands. Management practices include maintaining appropriate vegetation height, prohibiting rodenticides, minimizing the spread of invasive weed species, and encouraging the presence of ground squirrels. Enhancement practices include the installation of artificial burrows to augment natural burrows where they are lacking, creating berms as future burrowing sites, and creation of debris piles to enhance prey populations. These actions are designed to maintain existing populations and encourage the expansion of nesting populations in the Plan Area.
See objective. Section 4.5.1, Western Burrowing Owl
Objective TRBL1.4: Maintain at least 300 acres, consisting of at least 150-acre blocks, of tricolored blackbird foraging habitat in the reserve system without pesticides.
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4.1 General Site Activities and Management
4.1.1 Vehicle and Heavy Equipment Use: (Associated with Easement Section 4(c)) Use of motorized or off-road vehicles is allowed within the Conservation Area for the purposes of maintenance and monitoring of the Site and emergency vehicle access, if needed. Maintenance and monitoring activities in which off- road vehicle use is allowed within the Conservation Area include activities associated with maintaining or enhancing the Conservation Values of the Easement Area, maintenance and monitoring of the former landfill cover and associated improvements in accordance with Title 27 California Code of Regulations § 21180, and for maintenance of the existing underground water pipeline that extends from the municipal well to the southern end of the Site. Off-road vehicle use will avoid wetlands, alkali prairie, and riparian areas to the extent practical except for vehicle use is directly related to the maintenance or management of the Conservation Values of those areas. All other motorized vehicle use within the Conservation Area is prohibited.
The City will implement various measures, as deemed necessary, to prevent unauthorized off-road vehicle use.
This may include, but is not limited to, the installation and ongoing maintenance of perimeter fences, signs, and strategic placement of large boulders or other physical barriers to prevent unauthorized vehicle access into the Conservation Area from the established development envelopes and perimeter of the Site. If City or Conservancy representatives observe any signs of unauthorized vehicle access within the Conservation Area they will promptly report the incident to the representative of the other entity. The City will promptly install or repair vehicle access barriers along the perimeter of the Site or boundary between the development envelopes and Conservation Area.
Conservancy representatives will assess any potential impairments to the Conservation Values of the Easement Area and confer with City representatives regarding the steps to remediate the impairment. The Conservancy is allowed to construct additional fencing within the Conservation Area as either a reactive or proactive measure to further limit unauthorized access and protect sensitive natural resources.
4.1.2 Site Improvements: (Associated with Easement Section 4(d)) General: Construction, operation, or maintenance of buildings and other infrastructure, that are not in existence at the time the Conservation Easement becomes effective, are prohibited except for within the Development Envelopes or as specifically described below.
Signage: Signs are allowed on the Site as deemed appropriate to facilitate public access, use, and enjoyment of the Site in a manner that does not impair the Conservation Values of the Easement Area. Signs may be installed to provide information about which areas of the Site the public are and are not allowed, to identify amenities, and to provide information about the natural and cultural history of the Site and area at-large. The City will confer with Conservancy representatives prior to installing any signage within the Conservation Area to ensure the location and construction of signage does not impair any sensitive habitat. The Conservancy is allowed to install signs along fences and within the Conservation Area as necessary to protect the natural resources of the Conservation Area.
Trails: A concrete ADA accessible pedestrian pathway (ADA pathway), approximately 8 feet wide and 1,600 feet in length, was constructed primarily within the Conservation Area and partially within the Park Facilities Development Envelope along the western and northern edges of the constructed wetlands prior to the establishment of the Conservation Easement. No additional concrete or other impervious paving is allowed within the Conservation Area. Per the Conservation Easement, the construction of up to 3.1 miles of trails, no greater than 8 feet wide, that are mowed or constructed with decomposed granite, gravel, or other permeable material are permitted within the Conservation Area with written approval from the Conservancy, CDFW, and USFWS regarding proposed trail placement and construction to ensure the Conservation Values of the Site are maintained. The Conservancy may seasonally limit public use of trails if necessary to protect the Conservation Values of the Easement Area. Under no circumstances are trails allowed on portions of the Site containing alkali prairie and vernal pools. The City is also required to consult with the Central Valley Regional Water Quality Control Board, CalRecycle, and Yolo County LEA regarding trails and any other Site improvements and public access to seek
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confirmation that any proposed actions are in compliance with Section 21190 of Title 27.
Passive Recreation Amenities: The installation of up to a total of twelve benches immediately adjacent to the existing concrete ADA pathway and/or other future approved trails for seating and wildlife viewing is allowed. The specific placement of benches along any future trails must be located away from sensitive habitat areas and approved by the Conservancy. A shade structure/pavilion with a viewing deck no greater than 800 sq. ft., along with up to three additional viewing decks, each located adjacent to the existing concrete ADA pathway along the designated use area shown in Figure 8 are allowed. One of these viewing decks is foreseen to be constructed as part of the educational facility that will be located within the Park Facilities Development Envelope along the southern edge of the constructed wetland. The locations and construction of all viewing decks must be approved by the Conservancy, CDFW, and USFWS. All other passive recreation amenities including restrooms, picnic tables, and shade structures are only allowed within the Park Facilities Development Envelope.
Antennas and electrical infrastructure: Antennas, towers, and facilities for the generation and transmission of electrical power or telecommunications are prohibited within the Conservation Area, except for those existing at the time the easement was established and those necessary to operate facilities located on the property. Solar power generation shall only be allowed in quantities commensurate with power consumption on the property and must be located either within the development envelopes except for solar power generation that is specifically to support the monitoring or management of the Conservation Area and is in an area that is less than 50 square feet and immediately adjacent to the water pump or monitoring equipment it is providing power to. The erection and maintenance of windmills, wind farms, wind generating facilities, or other facilities with exposed spinning blades are prohibited, including within the established development envelopes.
Fencing: Existing fencing may be repaired and new permanent fences may be built anywhere on the property for purposes of providing security and access control in connection with authorized or reserved uses of the property.
The City is responsible for maintaining fencing along the perimeter of the property and along the perimeter of the Development Envelopes. The Conservancy is responsible for managing and maintaining all permanent and temporary fencing within the Conservation Area of the Site as needed to facilitate grazing management or other forms of resources management within the Conservation Area.
Paving and hardscaping: Paving or covering any area of the Site with asphalt, concrete, riprap, or other hardscape that did not include these materials at the time the easement was recorded is prohibited, except within the development envelopes. The use of gravel, crushed rock, or the lime treatment of soils is prohibited, except on authorized trails.
4.1.3 Drone Use:
Use of drones or unmanned aerial systems of any kind is prohibited on the property except for the purposes of conducting monitoring for scientific or management purposes with the written permission of the City and the Conservancy.
4.1.4 Agricultural Uses and Management: (Associated with Easement Section 4(e)) Vineyards, orchards, cotton, rice, perennial crops, row crops, intensive livestock use (e.g., dairy, feedlot), irrigated agriculture, and other agricultural uses are prohibited. The Conservancy, or other entity authorized in writing by the Conservancy, is allowed to seed or plant native grasses and forbs or partake in standard agricultural management practices, such as grazing, within the Conservation Area that are intended to maintain or improve natural communities or other Conservation Values.
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4.1.5 Pesticides, Biocides, Herbicides, and Other Chemical Use (Associated with Easement Section 4(b))
Except for herbicides used for the specific purpose of controlling non-native weed or pest species that may threaten habitat functions and values of the Site, no chemicals will be used within the easement area without prior written permission from the Conservancy. The application of restricted use chemicals will employ best management practices and comply with applicable use restrictions and conditions identified by the U.S.
Environmental Protection Agency’s (U.S. EPA) Interim Measures Bulletins for Protection of Endangered Species for the use of restricted materials. Use restrictions, including use near or within wetlands and riparian areas, identified by the U.S. EPA for specific products are available through the California Department of Pesticide Regulation PRESCRIBE online database and can also be provided upon request by the Conservancy. Rodenticide use is strictly prohibited. Insecticides, biocides, and other chemicals will not be used on the Site unless unless specifically authorized in writing by the Conservancy, CDFW, and USFWS due to unforeseen or exceptional circumstance, such as proclamation of a local state of emergency.
4.1.6 Commercial, industrial, residential, or other institutional uses: (Associated with Easement Section 4(f))
Commercial, industrial, residential, or other institutional uses are prohibited except within the Development Envelopes and institutional uses associated with environmental education
4.1.7 Dumping and Waste: (Associated with Easement Section 4(g)) The dumping or accumulation of any kind of refuse or hazardous waste that can degrade and damage the Site resources is prohibited. The City will address this issue by conducting periodic inspections, trash removal, and taking measures as needed to discourage and prevent unauthorized access and dumping. The Conservancy will promptly alert the City if any dumping or trash of any kind is observed with the Conservation Area during any monitoring conducted within the Conservation Area.
4.1.8 Filling, Excavating, and Mining: (Associated with Easement Section 4(i)) Mining is prohibited as set forth in the Conservation Easement. The filling or dumping of soil or other material on the surface of the Easement Area is only allowed in connection with required maintenance of the cap over the former landfill in in accordance with Title 27 California Code of Regulations § 21180 or the depositing of soil or other material specifically for the purpose of enhancing the Conservation Values of the Site. For example, the construction of soil mounds with artificial burrows for burrowing owls is allowed.
4.1.9 Tree Removal or Cutting: (Associated with Easement Section 4(j)) The removal or cutting of trees within the Easement Are, including the development envelopes, is prohibited except as reasonably necessary and/or prudent for: (1) fire breaks, (2) prevention or treatment of disease, or (3) removal of vegetation and debris which pose a health and safety hazard. The cutting or removal of trees identified in (1) and (2), above, shall not occur during the Swainson’s hawk nesting season (February 1 through October 1 of each calendar year, unless Conservancy representatives advise the City in writing that a different nesting season will apply based on published California Department of Fish and Wildlife guidance regarding changed nesting practices) or the tree has been determined by a professional arborist as an eminent threat to public safety. No standing tree shall be removed until Conservancy representatives verify at the Landowner’s request that the tree is not an active Swainson’s hawk nest tree.
4.1.10 Water Management: (Associated with Easement Section 4(k)) The existing groundwater well in the northern portion of the Site provides offsite municipal water for the City of Woodland. This well and its associated infrastructure (pipelines, utility line, access road, etc.) are primarily located
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within the Municipal Well Site Development Envelope, except for an existing underground pipeline that extends from the municipal well towards the Park Facilities Development Envelope Area within the southern portion of the Site (See Figure 3). It is understood that the City may need temporarily disturb the ground within the Conservation Area where the water pipeline is located in order to conduct repairs or maintenance. If this temporary impact to the Conservation Area is deemed necessary, the City will notify the Conservancy and will coordinate with the Conservancy to ensure that activities are conducted in a manner that minimizes impacts to the Conservation Values of the Conservation Area and that disturbed areas are restored to, or better than, their pre-disturbance habitat condition. The City is responsible for all maintenance and monitoring of this municipal groundwater well and the associated infrastructure.
The new irrigation well installed in June of 2021 within the Park Facilities Development Envelope in the southern portion of the Site provides a dedicated water supply to maintain the wetland restoration project area. This dedicated water supply system is critical to managing late-summer water levels for aquatic and wetland habitat and will be used to help ensure aquatic habitat is available even during periods of drought. Probes have been installed in this well so that the desired seasonal water level in the wetlands may be maintained automatically. The well and pump are sized to provide up to 1,000 gallons per minute, an adequate rate for management needs. The City will be responsible for maintaining and ensuring that the irrigation well and pump equipment is properly functioning. The Conservancy and Tuleyome shall advise on water level management and coordinate with the City to activate pumps accordingly. The Conservancy will be responsible for determining when to drain the wetland for vegetation management and to conduct the vegetation management efforts within the wetland. The Conservancy will oversee management and maintenance of the wetlands with the primary purpose of protecting habitat for Yolo HCP/NCCP covered species. The Conservancy may also direct the maintenance and management of the wetlands to support other species, including Sacramento perch, to the extent that those activities do not impair habitat for the covered species that utilize the Easement Area; however, the Conservancy is not permitted to utilize HCP/NCCP funds for management or habitat enhancement actions for species that are not covered by the Yolo HCP/NCCP. The Conservancy will coordinate with the City, CDFW, and USFWS to identify and secure funding for any mutually agreed upon habitat management or enhancement activities intended for Sacramento perch or other species not covered by the Yolo HCP/NCCP. The City, or its designee, is responsible for maintaining the channel that delivers water from the irrigation well to the constructed wetlands so that erosion of the channel is minimized and to maintain the flow of water from the well to the wetlands area. Grass and sedge seedlings were spread in this area shortly after the well and channel were constructed, but due to high winds, initial efforts to establish grasses and sedges in the area were unsuccessful. In late 2021-early 2022, large and medium size rocks were added to the areas showing signs of erosion near the pump and along the channel.
In addition to the dedicated water supply, the Site has a permanent lift pump and drainage pipeline to aid in water and habitat management. A buried pipeline has been installed at the west end of the pond to discharge water into the municipal drainage canal along Mavis Henson Road (County Road 25A). The discharge pipeline has two functions. First and foremost, it is used to lower the pond level at prescribed times of the year (normally in spring) and to drain the entire pond if deemed necessary for management purposes (vegetation management, invasive aquatic species management, etc.). It also serves as a flood bypass pipeline to help prevent the pond from overflowing during heavy rains to protect the concrete walking path and other park facilities infrastructure. This system allows Site managers to continually adjust water surface elevations to optimize aquatic and wetland habitat across seasons and provides for the ability to fully drain the pond. While only anticipated to occur approximately once every five years, the ability to drain the pond on-demand is critical for the management of aquatic invasive species and predatory fish that may be involuntarily introduced to the pond. This also provides the capacity to lower water elevations during high-precipitation events that would otherwise inundate valuable seasonal wetland habitats during nesting seasons. Over time, accumulated organic material within the constructed wetlands may need to be removed in order to maintain the overall function of the wetland area. The Conservancy will coordinate with, and obtain written permission from, CDFW and USFWS prior to draining, grading, or removing any materials from the constructed wetlands.
It is envisioned that a new water line for domestic and fire can be run from Road 102 within the Park Facilities Development Envelope along Mavis Henson Road (Road 25A), although the existing pipeline from the municipal
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well located in the northern portion of the Site may also be used as a water source. For sewer needs, it is envisioned to have a pump station with a small force main connecting to the Spring Lake Subdivision and into an existing sewer manhole. Design details for both will be determined at a later time.
4.2 Public Access and Use
The City intends to utilize the Site as a regional park. While most of the public facilities and active public uses of the Site will be within the Park Facilities Development Envelope, the City envisions having some public access within the Conservation Area for educational, passive recreation, and active recreation uses. Controlled public access and use of the Site are allowed on trails and designated use areas shown in Figure 8 as described below to the extent those uses do not impair the Conservation Values of the Site. Prior to allowing any public uses on the Site, the City is also required to consult with the Central Valley Regional Water Quality Control Board, CalRecycle, and Yolo County LEA regarding any improvements and public access on the Site to seek confirmation that any proposed actions are in compliance with CCR 27, Section 21190. Prior to obtaining confirmation from the Central Valley Regional Water Quality Control Board, CalRecycle, and Yolo County LEA of any allowed public access and use within the Conservation Area beyond the existing ADA pathway, the City has committed to install signage both at the entry kiosk and along the ADA pedestrian pathway to educate the public of the prior landfill use and clearly indicate access beyond designated paths and trails is prohibited.
The City is responsible for maintaining all infrastructure (trails, designated gathering areas, and perimeter fences) to aid in facilitating appropriate public use and restricting unauthorized use of the Conservation Area. The Conservancy has the authority to limit or revoke any of the allowed uses within the Conservation Area described below if determined that the use impairs, or threatens to impair, the Conservation Values of the Site. Prior to revoking any of the allowed uses described below, the Conservancy will coordinate with City representatives to determine if there are suitable modifications that can be made to the activity or the specific location or timing of the activity before completely revoking a use described below.
Figure 8: Designated use area and existing ADA pathway within the Conservation Area.
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4.2.1 Public Access
Public access on designated trails within the Conservation Area is allowed for passive recreation and education uses, as described below. Public use of the open space areas of the Conservation Area beyond formally established trails are limited to educational uses described in Section 4.2.2. The City is the primary entity responsible for managing public access and activities on the property. The Conservancy may require temporary limitations on access to segments of the trail system, or the Conservation Area at-large, if deemed necessary to protect the Conservation Values of the Conservation Area. For example, if an active nest site is located immediately adjacent to a trail, that portion of the trail may be temporarily closed during the nesting season. The only public access entry point(s) to the Conservation Area will be from the Park Facilities Development Envelope. The City shall install signage informing the public of the sensitive habitat on the Site, the need to stay on designated trails, and general Site rules at all public access points. The Conservancy is allowed to implement measures such as fencing and signage around the alkali prairie areas and other sensitive habitat areas, as deemed necessary, to protect these areas from damage or interference from the public.
4.2.2 Educational Uses
Docent-led tours and educational classes that stay within established trails and designated use areas shown in Figure 8 are allowed with written permission from the City. Docent-led tours and educational classes that access portions of the Conservation Area that are outside of the established trails and designated use areas are with written permission from both the City and the Conservancy. The Yolo Habitat Conservancy may require that the City or any other organization limit the number of participants or locations that may be accessed, as deemed reasonable, to protect sensitive species habitat, particularly during the active nesting season of any covered species. The Conservancy must be notified in writing and provide approval for any studies (scientific research, citizen science, etc.) within the Conservation Area that involve any plant or animal collection, ground disturbance, or may otherwise have the potential to impair the Conservation Values of the Site.
Use of boats or other non-motorized watercraft within the wetland area is allowed only for activities which have specifically been authorized in writing by the Conservancy in conjunction with docent-led educational programs, habitat management, or monitoring activities. Boat use within the wetlands area during the tricolored blackbird nesting season, March 1 through July 1, is limited to Yolo HCP/NCCP monitoring activities and other scientific studies authorized in writing by the Conservancy.
4.2.3 Recreational Uses
Due to the use of the Site as a preserve for Swainson’s hawk, white-tailed kite, burrowing owl, western pond turtle, tricolored blackbird, and other wildlife species, the public uses in the Conservation Area shall be limited to compatible recreational uses, such as walking and jogging along trails, wildlife viewing, and/or organized events (bird watching, star gazing, painting, photography) hosted by the City or parties authorized by the City on established trails and in designated use areas shown in Figure 8. The designated use areas may be modified as an amendment to this Management Plan (i.e., updating Figure 8 and associated written descriptions) according to the process described in Section 6.1 if/when additional trail locations or public use features (benches, decks, pavilions) are identified; however, no recreational uses or designated use areas are allowed within the portions of the Site containing alkali prairie, vernal pools, or wetlands. Recreational use of off-highway vehicles, drones, and hunting are prohibited anywhere on the property. No dogs, horses, or other domesticated animals are allowed within the Conservation Area, except for service animals, grazing livestock, and livestock guard dogs used specifically for vegetation management conducted by or under the supervision of the Conservancy. Bicycles and scooters are prohibited within the Conservation Area but are allowed within the Park Facilities Development Envelope.
Overnight recreational uses, including camping, is prohibited within the Conservation Area although the City, at their sole discretion, may allow camping within the Park Facilities Development envelope.
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4.2.4 Hunting
All forms of hunting, fishing, poaching, killing, capturing, collecting, or otherwise harming or harassing wildlife on the Site are prohibited except when conducted with written permission from the City and Conservancy and with appropriate permits, if needed, as part of scientific research or non-native predator control.
4.3 Landscape-level Management Practices
4.3.1 Native Biodiversity/Vegetation Management
The Conservancy will be responsible for maintaining vegetation within the Conservation Area that maximizes foraging opportunities for Swainson’s hawks, white-tailed kites, and other raptor species, reduces invasive plant species that outcompete native alkali prairie species, and if needed, reduces pond vegetation. The Conservancy, or its designee, will work with any grazing tenant to make sure that land is not undergrazed (excess amount of plant biomass present) or overgrazed (too much plant biomass being removed to sustain adequate vegetative cover).
Other methods to reduce invasive plant species and promote native species many include controlled burns, mowing, weed whipping or hand removal in small focus areas, and spot-application of herbicides. The primary focus of these practices will be to reduce competitive non-native plants, promote native species, and avoid impacts to existing habitat and covered species. Vegetation control practices may utilize information developed by the Center for Natural Lands Management (CNLM) from their experimental management techniques on the adjacent Alkali Grassland Preserve or other sources with the written approval of CDFW and USFWS.
The May, 2022 vegetation survey identified five invasive plant species: yellow starthistle (Centaurea solstitialis); perennial pepperweed (Lepidium latifolium); milk thistle (Silybum marianum); Russian knapweed (Rhaponticum repens); and Himalayan blackberry (Rubus armeniacus). Yellow starthistle is present on the higher elevations around the riparian area, and throughout the annual grasslands and degraded alkali prairie; generally, patch density is low. Perennial pepperweed is the most ubiquitous invasive plant species. Patches vary from very dense to sparse. It has invaded much of the riparian area and islands. Milk thistle patches range from dense to moderate and occur primarily in the grasslands on the eastern half of the property. One dense patch of Russian knapweed was observed in the annual grasslands in the northwestern section of the property. One small patch of Himalayan blackberry was observed on the northwestern edge of the riparian area.
4.3.2 Pollinators
Herbicide applications in grasslands can be useful in controlling invasive species, but should be planned and carefully managed to avoid negative effects on native pollinators and other species. Targeted spraying should be used instead of broadcast spraying whenever possible, to avoid affecting pollinator species. Areas that are in bloom or have high densities of native pollinators should be avoided, or sprayed at times when the pollinators are not active, such as late fall, winter, and early spring. Timing applications to minimize spray drift is also important, and includes spraying on calm days with low temperatures.
Only a portion of the Site should be burned, mowed, grazed, or hayed at any one time in order to protect pollinators (Black et al. 2008). This will allow for recolonization of the disturbed area from nearby undisturbed refugia, an important factor in the recovery of pollinator populations after disturbance (Hartley et al. 2007).
In order to maximize foraging and egg-laying opportunities, maintenance activities should be avoided while plants are in flower (Smallidge & Leopold 1997). Mowing is an effective tool at limiting succession of shrubs and trees in grasslands (Forrester et al. 2005) and can be used in areas where other management options such as grazing or prescribed burning are impractical. With careful attention to timing and scale, mowing can be a successful
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management tool for insuring the long-term stability of pollinator populations and the plants and animals that depend on them. Mowing should not be conducted while flowers are in bloom, to avoid affecting pollinators both through direct mortality from the mower, and through the loss of their food source. Ideally, mowing should be done in the fall and winter to reduce effects on pollinators (Munguira & Thomas 1992). If mowing during spring and summer is necessary to control target weed species, mowing some patches and leaving others is the best method to reduce impacts on pollinators.
Grazing management should be adjusted as needed to maintain the majority of floral resources in an area throughout the seasons. Grazing should be limited to times of low or no pollinator activity. Moderate levels of rotational grazing minimize negative impacts on pollinators and other native species.
4.4 Natural Community-specific Management Practices
4.4.1 Alkali Prairie
Management within the alkali prairie areas of the Conservation Area will focus specifically on controlling Italian ryegrass and other invasive species that outcompete palmate-bracted bird’s beak and other special status native plant species on the Site. Management and enhancement activities will have the specific goal of improving habitat for palmate-bracted bird’s-beak and increasing the population of this species by at least 10 percent over a 10 year running average. Section 5.3.1 describes the methods for annual monitoring of palmate-bracted bird’s beak to determine whether the minimum 10 percent increase has been achieved.. The Conservancy will refer to the best available information gathered from the studies conducted by CNLM on the adjacent Maupin Reserve, as well as other available scientific information, when determining management approaches for Woodland Regional Park Preserve.
The following activities may be implemented to control invasive plants in this natural community type. • Grazing. Grazing has been shown to be an effective method for controlling Italian ryegrass and enhancing habitat for palmate-bracted bird’s beak (CNLM 2014). Livestock grazing should be conducted during the spring, after conditions have dried from the wettest part of the winter, to avoid creation of deep hoof prints in the alkali prairie habitat. Grazing during wet periods, however, may be utilized as needed to control excessive thatch. Additionally, livestock should be provided with alternative water sources to prevent them from concentrating in wetland areas. Areas with sensitive native vegetation should be fenced off from livestock during periods when the presence of livestock may present more harm than benefit to the species. In these circumstances, other management approaches should be considered to ensure that palmate-bracted bird’s beak and other rare plant species are not adversely affected. • M owing . CNLM has used experimental mowing plots to successfully enhance palmate-bracted bird’s beak populations on the adjacent Maupin Reserve (CNLM 2014). The Conservancy may employ mowing to manage the palmate-bracted bird’s beak population on Woodland Regional Park Preserve. • T argeted herbicide application . CNLM has used targeted herbicide application to control invasive non- native broadleaf plant species on the adjacent Alkali Grasslands Preserve (CNLM 2014). The Conservancy may employ similar techniques on the Woodland Regional Park Preserve, provided measures are implemented to avoid adverse effects on natural communities and covered species. Herbicide application should primarily target problematic infestations of broadleaf invasive plants such as perennial pepperweed (Lepidium latifolium), yellow star thistle (Centaurea solstitialis), bull thistle (Cirsium vulgare), Italian thistle (Cardus pycnocephalus), milk thistle (Silybum marianum), Russian knapweed (Acroptilon repens), and black mustard (Brassica nigra). A wick applicator should be used in areas with special status native plant species, to avoid contact with these species, and a backpack sprayer may be used in other areas that are not in the vicinity of elderberry shrubs or covered species.
The management strategy for the alkali prairie natural community may also include hydrologic modifications and other enhancement identified during the monitoring and adaptive management process. Research into the current
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best available methods should be conducted prior to implementing a specific management approach to help ensure that the existing alkali prairie natural community and palmate-bracted bird’s beak population are not adversely affected.
4.4.2 Grasslands
The Conservancy will manage the protected grassland natural community to maintain and enhance functions for white-tailed kite, Swainson’s hawk, western burrowing owl, and tricolored blackbird, and to benefit native species diversity and general ecosystem function.
A key goal of management of grassland will be to increase the availability of fossorial rodents, especially ground squirrels, to provide prey for covered raptors. Appropriate management actions to this end include the following:
• The prohibition of rodenticides on the Site;
• Creating debris piles to provide habitat for small mammals and birds; • Managing grazing to improve the abundance of fossorial mammals; • Use of fire, managed grazing, or other vegetation management techniques to influence vegetation structure or composition, reduce thatch accumulations, or increase the absolute cover and diversity of native plant species and to control undesirable nonnative plant species; • Installation of fencing, water sources, or other livestock management improvements to improve control of livestock in key habitat areas and effects of livestock grazing across the landscape; • Installing artificial nesting burrows for western burrowing owl to facilitate use of areas where burrows are scarce but otherwise provide, or could provide with management, suitable nesting locations ; • Localized application of herbicides to remove heavy infestations of nonnative plants; and • Reseeding of native plant species.
4.4.3 Fresh Emergent Wetlands and Open Water
The fresh emergent wetland natural community and the lacustrine and riverine natural community are addressed together in this section, because these natural communities co-occur and their management and enhancement needs are similar. The Conservancy will manage fresh emergent wetlands and lacustrine (open water) areas on the Site to maintain and enhance wetland function and hydrogeomorphic processes through site-specific management practices.
Management practices may include the following:
• Controlling nonnative plant species and restoring native plant species; • Increasing relative cover of native vegetation;
• Increasing logs and rocks as basking sites for western pond turtle; • Managing livestock grazing to maintain favorable habitat conditions for covered species; • Managing water sources supporting wetlands;
• Erosion control;
• Maintaining sufficient water levels and water quality throughout the year to support emergent vegetation, aquatic food webs, and diverse aquatic habitat structure; • Maintaining and improving pond water control structures and water supplies; and
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• Increasing or decreasing ponding (duration and frequency) to improve wetland functions and to control nonnative invasive species.
Vegetation Management
Vegetation management is a critical component of optimizing the habitat function of ponds for covered species.
Vegetation management will involve several techniques, often used in concert, to achieve the species composition and habitat structure necessary to benefit covered and other native species.
Management for covered species in and around ponds can involve increasing or decreasing vegetation, as follows. • Planting of tall emergent vegetation such as bulrushes in ponds that lack vegetation can improve breeding habitat and cover for western pond turtle and giant garter snake. Further, tall emergent vegetation, such as bulrushes, can provide roost and nest sites for tricolored blackbirds where the ponds are located near foraging habitat. The restoration plan assumes that emergent vegetation will naturally become established on the Site but if it does not, the Conservancy may actively plant these areas. • In the event that emergent vegetation becomes more prevalent in the pond than expected, vegetation may have to be removed where little open water remains, to improve conditions for western pond turtle or giant garter snake. Vegetation removal can be accomplished through grazing, selective herbicide application using label-approved application techniques and in calm winds, or mechanical means.
Prescribed burns may be used to control nonnative vegetation around and within the pond. To prevent impacts on giant garter snake, prescribed burns will occur during timeframes where giant garter snake are (1) underground and insulated (requires burning during winter [December through February]), and/or (2) fully active above ground or in water (May 1 through October 1, avoiding the transitional periods when giant garter snake are on the surface basking but are not at optimal active temperatures [spring and fall]), capable of escaping the brief burst of heat without injury.
Mechanical removal of vegetation will occur after the breeding season for wetland- and pond-dependent wildlife, including nesting migratory birds, to minimize impacts.
In cases where covered species are dependent on nonnative vegetation (e.g., tricolored blackbirds nesting in Himalayan blackberry) the removal of nonnative vegetation will be undertaken in phases over a three to four-year period and replaced with the appropriate native vegetation.
Livestock grazing may be introduced to eliminate or reduce cover of exotic plants and to maintain the pond by preventing excessive plant growth when such a technique is consistent with maintaining values for covered species. Grazing rotation and fencing can also reduce the erosive impacts described above.
Overgrazing by cattle can cause trampling of vegetation, soil compaction, development of “cow contours,” and bank destabilization. Fencing ponds and wetlands has been shown to be a rapid, successful, and cost- effective method of enhancing some wetlands. Fencing wetlands may not be appropriate in locations where retaining open water is necessary for western pond turtle. Fencing may just include the area where emergent vegetation is needed.
Water and Other Management
To retain the habitat quality of the pond over time, occasional sediment removal may be needed to address the buildup of sediment that results from adjacent land use or upstream factors. Dredging will be conducted during the non-breeding periods of covered and other native species.
4.4.4 Valley Foothill Riparian
The Conservancy will manage the valley foothill riparian natural community to maintain this natural community and habitat functions for western pond turtle, Swainson’s hawk, and white-tailed kite. Appropriate management
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actions include the following:
• Managing livestock grazing to maintain favorable habitat conditions for covered species, • Controlling nonnative predators and invasive plant species, and • Planting native species to improve habitat structure and species composition.
4.5 Species-specific Management Practices
Management of the covered species will be dependent primarily on the actions described in Section 4.2, Landscape- level Actions and Section 4.3, Natural Community-level Actions. Additional species-specific actions are described below.
4.5.1 Western Burrowing Owl
The following management and enhancement actions will be applied for burrowing owls. • Maintain Suitable Vegetation Conditions. If occupied burrowing owl burrows are found on the Site, grass height will be maintained consistently at <6 inches in height. This can be accomplished through mowing or grazing.
• C ontrol Invasive Weed Infestations. Treat as needed to minimize infestations of invasive weeds. • Burrow Management: Maintain appropriate grassland vegetation around nesting burrows, if found onsite.
Key to continued occupancy is the maintenance of grassland vegetation within an acre around the burrow.
Grassland vegetation height will be maintained at less than 6 inches in height within this area. • I nstall Artificial Nest Boxes. Where ground squirrel burrows or other potential nesting opportunities are lacking, artificial burrows may be installed. Two potential locations are identified in Figure 3. Conduct vegetation management as described above around any artificial burrow installations. • C reate Debris Piles . Piles of soil may be installed, combined with rocks and planted with grass or shrubs.
These facilitate use by burrowing owl prey, particularly small reptiles and rodents and can provide additional nesting and perching opportunities.
4.5.2 Other Covered Species
Management and enhancement actions for other covered species are addressed through the management practices described in Section 4.4, Natural Community-specific Management Practices. For example, management practices for western pond turtle are addressed in Section 4.4.3, Fresh Emergent Wetlands and Open Water. Similarly, management practices for palmate-bracted bird’s beak are addressed in Section 4.4.1, Alkali Prairie.
4.6 Avoidance and Minimization Measures
Section 4.3.5 of the Yolo HCP/NCCP describes the avoidance and minimization measures necessary to avoid unnecessary take of covered species within the reserve system. Measures applicable to the Woodland Regional Park Preserve are described below.
4.6.1 Valley Elderberry Longhorn Beetle
The Yolo HCP/NCCP stipulates that on reserve lands whose primary conservation values include valley elderberry longhorn beetle conservation, activities that would potentially result in take of valley elderberry longhorn beetle will not occur within a 100-foot buffer around elderberry shrubs, thereby avoiding take. Valley elderberry
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longhorn beetle conservation is not a primary conservation value for the Woodland Regional Park Preserve, and no sign of Valley elderberry longhorn beetle was observed in the elderberry shrubs during the 2021 baseline surveys, therefore take avoidance is not necessary for this species on the Site. However, since this is a natural lands easement (rather than a “working lands” conservation easement on agricultural lands), the Yolo Habitat Conservancy and City of Woodland will avoid activities within 100 feet of elderberry shrubs when practicable.
4.6.2 Western Pond Turtle
To minimize the take of western pond turtle, the City of Woodland and Yolo Habitat Conservancy will limit any needed maintenance of conveyance structures located within western pond turtle habitat to clearing one side along at least 80% of the linear distance of the channels during each maintenance year (e.g., the left bank of a canal is maintained in the first year and the right bank in the second year), and place removed material at least 200 feet from permanent aquatic habitat. For portions of channels that do not have previously used spoil disposal sites and the area has been checked by a qualified biologist to confirm that western pond turtles are not in harm’s way, removed materials may be placed along channels in areas that are at least 200 feet from permanent aquatic habitat and where materials will not re-enter the channel because of stormwater run-off. In the event that a western pond turtle needs to be moved out of harm’s way to avoid injuring or killing individuals, a qualified biologist will relocate the western pond turtle to nearby habitat.
4.6.3 Swainson’s Hawk and White-tailed Kite
The removal or cutting of trees on the Site is prohibited except as reasonably necessary and/or prudent for (1) fire breaks, (2) prevention or treatment of disease; or (3) removing vegetation and debris which poses a health and safety hazard or a threat to standard agricultural operations including, but not limited to, downed trees or limbs.
In cases where the cutting or removal of a tree is deemed necessary due to one of the reasons mentioned above, the removal of the tree shall not occur during the Swainson’s hawk or white-tailed kite nesting season (February 1 through October 1) to avoid disturbance during the breeding season. No standing tree shall be removed until it has been verified that the tree is not an active Swainson’s hawk or white-tailed kite nest tree.
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5: MONITORING AND ADAPTIVE MANAGEMENT
It is in the interest of both the City and the Conservancy to actively monitor conditions of the Site for the preservation of the Conservation Values of the Site, the protection of the landfill cap, and public health and safety.
The City will primarily monitor the Site to ensure the conditions of the landfill caps are maintained and for the purpose of managing and maintaining facilities for public access in a manner that does not disturb the landfill caps or the Site’s Conservation Values. The Conservancy will primarily monitor the habitat conditions and species populations within the Easement Area. While each entity has their own specific roles, both entities will make an effort to monitor the Woodland Regional Park Preserve, inform one another about any observed issues, and promptly address issues when they arise.
5.1 Landfill Post Closure Monitoring
The City is responsible for the ongoing maintenance and monitoring of the prior landfill in line with Title 27 California code of regulations: section 21190 (post closure land use) & section 21180 (post closure maintenance and Site security). Quarterly inspections of the landfill cap are carried out by Yolo County Environmental Health, the City’s Local Enforcement Agency (LEA). During these inspections, the LEA meets with City staff on the Site to address any health and safety concerns, and discuss possible remediation actions. Following this on-site meeting, the LEA submits a written report of the visit to the City, outlining any detected concerns along with their projected remediation deadlines. The City is held responsible for addressing these concerns in order to stay within compliance.
The following non-exhaustive list outlines examples of maintenance and monitoring responsibilities of the City:
• Securing the perimeter of the property ;
• Securing the perimeter of the landfill mound (i.e. maintain public away fro m landfill mound via perimeter fencing);
• Ensuring the landfill mound is mowed to facilitate landfill cap inspections; • Ensuring the landfill mound is properly sealed (i.e. use of, for example, topsoil to seal the cap / erosion control);
• Ensuring drainage an d erosion control measures are in place to prevent waste exposure; and • Ensuring periodic methane monitoring of any structu res built on the landfill mound. • Destruction of former ground water monitoring wells
In response to remediation concerns outlined during an LEA inspection in 2021, the City submitted a grant to CalRecycle in September 2021 and was awarded funding to address many of these items including; replacement of perimeter fencing along the eastern boundary of the Park and weed abatement/erosion control practices to protect the cap layer. Furthermore, the City has received a landfill closure letter from the State. In the event that the State requires the City to remediate all, or a portion of the former landfill, the City will consult with the Conservancy on timing and methods to reduce the impact on concerned species.
5.2 Annual Compliance Monitoring
As required by the Yolo HCP/NCCP, sites that are part of the reserve system will be visited annually, at a minimum, by the Conservancy or their assigned representative to ensure compliance with the terms of the Conservation Easement and this Management Plan. During site visits, the Conservancy will additionally monitor and assess whether any public uses or other allowed uses of the Site are causing a negative impact to the natural communities and covered species within the Easement Area. The Conservancy will provide the City with the findings of their monitoring efforts and will meet to discuss any recommended or required actions in response to monitoring
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observations. Access to the Woodland Regional Park Preserve for the purposes of site management and monitoring is achieved by driving to the southwest corner of the property and parking in the parking area located within the Park Facilities Development Envelope or immediately outside of the property. The Conservation Easement describes the limitations on access for these purposes.
Noncompliance with either of the Conservation Easement and/or Management Plan provisions will be addressed in accordance with the provisions of the applicable Conservation Easement.
5.3 Status and Trends Monitoring
5.3.1 Palmate-bracted Bird’s Beak
Botanists will carry out annual surveys for this species on the reserve by walking parallel transects spaced five to 10 meters (16 to 33 feet) apart throughout the entire area of suitable habitat. If more than one botanist conducts the survey, it will include at least one member who has observed palmate-bracted bird’s-beak growing in its natural habitat, who will train the other botanists to recognize palmate-bracted bird’s-beak by observing the species in the portion of the reserve where it has been previously documented and mapped. The botanist will conduct the survey during the blooming period, when the plants are most evident and identifiable. The botanist(s) will record additional observations during the survey including the size and vigor of the plants, the presence of pollinators visiting the plants, and a list of all associated plant species, particularly palmate-bracted bird’s-beak host plants. The botanist(s) will map all locations of palmate-bracted bird’s-beak plants found during the survey using GPS data recorders, and enter the data into a GIS database.
The botanist(s) will document the results of the survey in a report that describes the survey methods, the area surveyed, dates of the survey, the observability and phenology of the species at that time, and the abundance and distribution of the species. The report will also discuss factors that may have affected the growth and vigor of the plants, including but not limited to the seasonal rainfall totals, disturbances, and the presence of invasive plants.
The report will include a map showing the locations of the plants. The botanist(s) will perform the monitoring annually. The monitoring reports will also incorporate relevant information regarding monitoring and research activities managed by CNLM on adjacent lands, as such information becomes available.
The baseline will be the 10-year running average from 2015 through 2025. The objective will have been met if the population increases by at least 10% based on a 10-year running average after 2025. In addition to monitoring the populations, the Conservancy will identify stressors on the population and adaptively manage the reserve to reduce these stressors.
If the Conservancy does not meet the objective of a 10% increase in the 10-year running average population size of the palmate-bracted bird’s-beak population as described above, from 2025 to 2035, the Conservancy will coordinate with the wildlife agencies to develop adaptive management that will be incorporated to meet the objective, including protocols for palmate-bracted bird’s-beak propagation and seeding in the appropriate habitat on the site. The Conservancy will maintain these seeded locations with supplemental water, weeding, and other management techniques to maximize the chances of successful establishment and natural reproduction.
5.4 Other Yolo HCP/NCCP Related Monitoring
The Landowner is required to allow reasonable access to the Easement Area by the Conservancy, or their assigned representative, for the purposes of assessing the status of covered and other native species, natural communities, and ecosystem processes on the Site as a part of the overall Yolo HCP/NCCP monitoring program. This monitoring may include monitoring use of the Easement Area by covered species as well as monitoring of habitat quality including vegetation height and presence of invasive weed species. It may also include monitoring necessary to measure the effectiveness of management activities in achieving the habitat and/or species conservation goals of the Site’s Management Plan and Conservation Easement or the overarching conservation goals of the Yolo HCP/NCCP. For example, as part of the monitoring requirements of the Yolo HCP/NCCP, the Yolo Habitat
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Conservancy will periodically conduct nest surveys to identify the number and occupancy status of Swainson’s hawk and white-tailed kite nests throughout the Yolo HCP/NCCP Plan Area. The Conservation Easement describes the notification requirements and access limitations for these purposes.
Types of monitoring that are anticipated within the Easement Area include, but are not limited to:
• Monitor and assess invasive nonnative plant populations. • Monitor and assess any impacts that public use of the site have on the natural communities and covered species.
• Monitor and assess access by feral and domestic mammals and predatory wildlife and fish species and their impacts on covered species and their habitats.
• Monitor ground squirrels and/or populations of other small mammals to determine the abundance of prey and burrows and determine if ground squirrel burrows are being used by burrowing owls. 4 This
monitoring will involve noting visible signs of use by small mammals rather than active monitoring such as trapping surveys.
• Monitor the constructed wetlands to evaluate if habitat management approaches increase hydrogeomorphic and ecologic functions, improve habitat value, and enhances the habitats’ ability to support new populations of covered species including western pond turtle, tricolored blackbird, and giant garter snake
5. • Monitor the distribution and relative abundance of riparian vegetation and targeted nonnative, invasive plant species, including threats to ecosystem processes, covered species, and biodiversity. • Annual palmate-bracted bird’s-beak population monitoring as described in Yolo HCP/NCCP Section
6.5.6.3.1. • Monitor Swainson’s hawk and white-tailed kite nest sites every 5 years as part of Yolo HCP/NCCP Plan- wide species population monitoring.
5.5 Actions Based on Monitoring
Results of monitoring will be used to ensure compliance with the Management Plan and to make recommendations with regard to:
• Site-specific or more widespread Yolo HCP/NCCP reserve system problems that need near-term or long- term attention (e.g., invasive species removal, fence repair, trespassing issues, impacts of public use, etc.); • Habitat enhancement measures;
• Changes in the site-specific management plan and/or Yolo HCP/NCCP conservation strategy implementation;
4 Due to the past use of this Site as a landfill, the Conservancy will report any observed burrows located within the landfill cells to the City of Woodland so that they can assess whether the burrows pose a potential issue regarding compliance with CCR 27 Section 21190.
5 The Conservancy is currently not planning to count enrollment of the Easement Area toward the giant garter snake habitat commitments in the Yolo HCP/NCCP because the Site is not within a designated Yolo HCP/NCCP giant garter snake habitat unit; however, if the species is found on the Site in the future the Conservancy will notify CDFW and USFWS staff and may request their approval to modify the boundary for the West of Yolo Bypass Habitat Unit so that the Site can count toward the giant garter snake habitat commitments. If this occurs, the Conservancy will monitor the site as described in Section 6.5.6.3.5 of the Yolo HCP/NCCP.
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• Changes to the Yolo HCP/NCCP monitoring or management program.
Noncompliance with the Conservation Easement and/or Management Plan provisions will be addressed in accordance with the provisions of the Conservation Easement.
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6: AMENDMENTS, TRANSFERS, AND NOTICES
6.1 Amendments to Management
It is recognized that future unforeseen circumstances may arise that warrant the review and modification of the terms of the Management Plan to achieve the management goals. Any of the participating parties may request a modification to this Management Plan as long as the requested change meets or exceeds the existing ability of Management Plan activities to meet the management objectives and preserves the habitat and conservation values of the property. Any changes to the terms outlined in this Management Plan will require agreement of the Landowner and the Conservancy. Parties that have been identified as third-party entities in the Conservation Easement shall also be provided with notification and an opportunity to review and provide comments on any proposed amendments.
All proposed amendments shall be formalized in writing with the agreement of all parties as an update to this Management Plan. All modifications must be consistent with the requirements of the Yolo HCP/NCCP and the terms of the Conservation Easement.
6.2 Transfer of Responsibilities
Any subsequent landowner of the Site assumes the responsibilities described in this Management Plan and as required in the Conservation Easement. The Conservation Easement holder and the Conservancy shall be notified in writing of any transfer of land ownership or land management responsibilities under this Management Plan.
Any transfer of responsibilities shall be incorporated into an updated version of this Management Plan and kept on file by all parties.
6.3 Notices
In addition to the entities named in Section 1.2, the following entities shall be provided with written notice of any proposed modifications to this Management Plan:
United States Fish and Wildlife Service
Attn: Sacramento Valley Division Supervisor
2800 Cottage Way, Room W-2605
Sacramento, CA 95825
California Department of Fish and Wildlife
Attn: Regional Manager
1701 Nimbus Road
Rancho Cordova, CA 95670
Notice does not need to be provided to these entities for modifications that are administrative in nature (e.g., updating contact information or clarifying language that doesn’t modify the nature of the Management Plan.
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7: LITERATURE CITED AND INFORMATION SOURCES
Andrews, W. F., 1972. Soil Survey of Yolo County, California. United States Department of Agriculture, Soil Conservation Service, in cooperation with the University of California Agricultural Experiment Station.
Barnett Environmental. 2011. Biological and Wetlands Resources at the Woodland Regional Park Site, Woodland California. Prepared for City of Woodland Department of Public Works, Environmental Services Branch. [CNLM] Center for Natural Lands Management. 2018. Stabilizing and Improving a state and federal-endangered species population of Chloropyron palmatum, Annual progress report (2017). Prepared by Dr. Deborah L.
Rogers (CNLM) and Catherine A. Little (CNLM) with input from Doug Moore (West Yost Associates) and Ken Loy (West Yost Associates). January 31, 2018.
[CNLM] Center for Natural Lands Management. 2019a. Stabilizing and Improving a state and federal-endangered species population of Chloropyron palmatum, Annual report (2018) for California Endangered Species Act Scientific Permit No. 2081(a)-15-009-RP. Prepared by Dr. Deborah L. Rogers (CNLM) and Catherine A. Little (CNLM). January 28, 2019.
[CNLM] Center for Natural Lands Management. 2019b. Palmate-bracted bird’s beak monitoring on Woodland Regional Park Property. Memo prepared for the Yolo Habitat Conservancy. Prepared by Catherine A. Little (CNLM) and Dr. Deborah L. Rogers (CNLM).
[CNLM] Center for Natural Lands Management. 2020. Palmate-bracted bird’s beak surveys on Woodland Regional Park Property. Memo prepared for the Yolo Habitat Conservancy. Prepared by Catherine A. Little (CNLM).
Dean, E. 2009. Woodland Regional Park special-status plants survey. In cooperation with Tuleyome.
ICF, 2018. Yolo Habitat Conservation Plan/Natural Community Conservation Plan. Prepared for the Yolo Habitat Conservancy.
ICF, 2020. Woodland Regional Park Natural Communities Restoration Plan. Prepared for the Yolo Habitat Conservancy.
Showers, M. A. 1996. Cordylanthus palmatus Habitat Survey, Mitigation Potential, and Management Recommendations. Prepared for PAR Environmental Services, Sacramento, CA, by Mary Anne Showers, Consulting Botanist, September, 1996.
PURCHASE AND SALE AGREEMENT
FOR CONSERVATION EASEMENT
This Purchase and Sale Agreement for Conservation Easement (hereafter the “Agreement”) is entered into as of the 21st day of February, 2023 (the “Effective Date”) between CITY OF WOODLAND (“Seller”), and the YOLO HABITAT CONSERVANCY (“Conservancy”), a joint powers agency organized and existing under California law.
RECITALS
A. Seller is the owner of that certain real property comprising approximately 158.763 acres located in the County of Yolo, State of California, identified as Assessor’s Parcel Number APN: 042-030-012-000, located immediately east of County Road 102 within the southeast corner of the City of Woodland, Yolo County, California, as more particularly described in Exhibit A attached hereto (the “Property”).
B. Seller desires to sell a conservation easement on an approximately 153-acre portion of the Property, which constitutes the Property minus the existing road easements and rights-of-way, and Conservancy desires to establish a perpetual conservation easement on the Property in order to, among other things, preserve the palmate-bracted bird’s-beak (Cordylanthus palmatus) Swainson’s hawk (Buteo swainsoni), white-tailed kite (Elanus leucurus), western burrowing owl (Athene cunicularia), tricolored blackbird (Agelaius tricolor), western pond turtle (Actinemys marmorata), and giant garter snake (Thamnophis gigas) within alkali prairie, grassland, valley foothill riparian, fresh emergent wetland, and lacustrine natural communities on the Property.
C. Conservancy will hold the conservation easement affecting the Property, which shall be in substantially the form attached as Exhibit B hereto (the “Conservation Easement”).
D. The Woodland Regional Park Preserve Site-Specific Management Plan (the “Management Plan”), which shall be in substantially the form attached as Exhibit C hereto, has been developed concurrently with the Conservation Easement to preserve and maintain the species habitat and natural communities on the Property.
E. Conservancy will provide the funding to purchase the conservation easement from Seller and Conservancy and Seller shall pay transaction costs as described herein. The Conservancy shall enforce the easement as set forth more specifically in the Conservation Easement.
NOW, THEREFORE, based on the foregoing recitals the parties hereby agree as follows:
AGREEMENT
1. INCORPORATION OF RECITALS. The recitals set forth above, and all defined terms set forth in such recitals and in the introductory paragraph preceding the recitals, are hereby incorporated into this Agreement as if set forth in full.
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2 2. CONSERVATION EASEMENT PURCHASE PRICE. The purchase price of the Conservation Easement will be One Million, One Hundred Eighty-Five Thousand Dollars ($1,185,000.00) (“Conservation Easement Purchase Price”). The Conservation Easement Purchase Price shall be deposited into escrow, pursuant to Section 3, by the Conservancy prior to Close of Escrow (as hereinafter defined in Section 6(c)).
3. PAYMENT OF PURCHASE PRICE. The Conservation Easement Purchase Price shall be payable to Seller as follows:
(a) Purchase Price. Pursuant to Section 10, below, Conservancy shall have funds deposited with Escrow Holder in the amount of the Conservation Easement Purchase Price, which shall be paid to Seller at Close of Escrow (as hereinafter defined in Section 6(c)). (b) Payment. The distribution of the payment to Seller shall be made according to the instructions provided by the Seller in the escrow instructions.
4. STEWARDSHIP FUND CONTRIBUTION PAYABLE AT CLOSE OF ESCROW.
Seller agrees to pay to a Stewardship Fund held by the Yolo Habitat Conservancy, at the Close of Escrow (as defined in Section 6(c)), the sum of Seventy-One Thousand One Hundred Dollars ($71,100.00) as a contribution to a stewardship fund for the perpetual stewardship of the Conservation Easement. The contribution is equal to Six Percent (6%) of the appraised Fair Market Value of the Conservation Easement consistent with the YHC Board policy approved on January 28, 2019. To accomplish this contribution, Seller shall sign escrow instructions directing the Escrow Holder to pay this amount to the Conservancy from Seller’s funds at the Close of Escrow (as hereinafter defined in Section 6(c)).
5. RIGHT TO INSPECT PROPERTY; BASELINE DOCUMENTATION REPORT.
(a) For the period of time commencing on the Effective Date of this Agreement and ending at 5:00 p.m. ninety (90) days after the Effective Date of this Agreement (the “Due Diligence Period”), Conservancy shall have the right to conduct any and all non-destructive inspections, investigations, tests, and studies with respect to the Property, which tests, studies, and investigations are related to the use of the Property as a perpetual conservation easement.
The cost of any such inspections, tests, and/or studies shall be borne by the Conservancy.
(b) Between the Effective Date and the end of the Due Diligence Period, Conservancy and its employees, agents, contractors, subcontractors, and consultants (“Conservancy's Representatives”) shall have the right to enter upon the Property, at reasonable times during ordinary business hours upon notice to Seller at least one (1) business day prior to entry, to perform such inspections, investigations, tests, and studies. Following any such tests or inspections, Conservancy covenants to promptly return any portions of the Property damaged or altered by Conservancy during such tests or inspections to substantially the same condition which existed prior to such test or inspection.
(c) Conservancy shall have no liability to Seller for any adverse impact on the Property or the Property's value, public relations, marketability or suitability for financing, or for any third
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3 party action taken as a result of (including, for example, and without limit, any additional regulatory agency requirements), based on, relating to, or arising from, the performance of Conservancy's inquiries, studies, disclosures or analyses, any finding or inquiry in the course of Conservancy's testing, review and governmental or regulatory agency contacts, any analysis conducted at or concerning the Property, or any contact made or information disclosed, whether any such liability is asserted in contract, negligence, or under any other theory of law, except as otherwise expressly provided in this Section.
(d) Conservancy shall indemnify, defend, and hold harmless Seller and its respective heirs, successors, and assigns, from all claims, actions, demands, damages, and any and all liabilities of any kind or nature arising from Conservancy’s investigation, except as provided in paragraph 5 (c) above and, in addition, for any liabilities arising from the intentional wrongdoing of Seller.
(e) Seller shall indemnify, defend, and hold harmless Conservancy and its present and future representatives, contractors, consultants, insurers, subsidiaries, affiliates, partners and successors in interest, attorneys, agents, officers, and employees from any liability, claims, demands, obligations, actions, causes of action, rights, damages of any nature, costs, losses, expenses, and compensation of any nature whatsoever, now known or unknown, arising out of or in any way connected with the condition of the Property or the activities, action, or inaction of Seller or its agents, lessees, invitees, partners, or successors in interest on or about the Property prior to the Close of Escrow (as hereinafter defined in Section 6(c)).
(f) Prior to the expiration of the Due Diligence Period, Conservancy shall deliver to Seller and Escrow Holder written notice (“Due Diligence Period Notice”) of its approval or disapproval of the Property, which approval shall be in Conservancy's sole and absolute discretion. The failure of Conservancy to timely deliver the Due Diligence Period Notice shall be deemed to constitute Conservancy's disapproval of the contingency described in this Section 5 and except for Section 26 of this Agreement or any other clause, paragraph, or section of this Agreement that expressly survives termination of this Agreement, Seller and Conservancy will have no further obligations or rights to one another under this Agreement.
(g) The Baseline Conditions Report is required to establish the condition of the Property at the time of the conveyance of the Conservation Easement and may consist of the following:
maps, showing the property lines, existing easements, and other contiguous or nearby protected areas; a scaled map of the area showing all existing man-made improvements, including roads, and fences and any applicable farmstead areas, land use history and distinct natural features; aerial photo(s) of the Property; and on-site photographs keyed to specific locations on the Property. On or before the Close of Escrow, the Seller and the Conservancy shall sign a statement acknowledging that the Baseline Conditions Report accurately represents the condition of the Property at the time of the conveyance of the Conservation Easement. Seller and Conservancy shall each receive an original, signed Baseline Conditions Report at Close of Escrow.
(h) The Property, the Municipal Well Development Envelope, and Park Facilities Development Envelope identified in the Conservation Easement have been surveyed so that a
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4 legal description of each area is defined and included as an exhibit to the Conservation Easement.
6. ESCROW AND CLOSING COSTS.
(a) The purchase of the Conservation Easement shall be consummated by means of an escrow account (“Escrow”) that is opened at Placer Title Company, Attn: Eric Seastrom, 30 West Main Street, Suite A, Woodland, CA 95695, telephone 530-666-1214, email:
[email protected] (“Escrow Agent"), Escrow number P-421652. The parties shall draft Escrow Instructions covering, among other things, the following: payment and escrow closing costs; disbursement of funds; recordation of documents; deliverance of title policy; preparation and filing of appropriate government and tax documents; and provision of title insurance.
(b) The escrow instructions given to the Escrow Agent for the Close of Escrow (as hereinafter defined in Section 6(c)) shall be consistent with the terms of this Agreement, and shall provide that, as between the parties, the terms of this Agreement shall prevail if there is an inconsistency with the escrow instructions. Seller and Conservancy shall deliver signed escrow instructions to the Escrow Holder within five (5) calendar days prior to Close of Escrow (as defined in Section 6(c)). Seller and Conservancy shall also deposit with Escrow Holder any instruments, documents, and other items identified in the escrow instructions or reasonably required by Escrow Holder to close the sale of the Conservation Easement by the Close of Escrow (as defined in Section 6(c)).
(c) Escrow shall close on or before sixty (90) calendar days after the Effective Date of this Agreement ("Close of Escrow") unless extended by Conservancy once, an additional thirty (30) calendar days. To accomplish such extension and Conservancy will instruct the Escrow Agent in writing to extend the Close of Escrow. Conservancy shall ensure that Seller will be notified of any extension. Any extension of the Close of Escrow to a time after one hundred and twenty (120) calendar days after the Effective Date shall require the consent of Seller.
(d) Escrow fees, related costs, and other items of expense shall be paid as follows:
(i) Conservancy will pay for the title insurance policy.
(ii) Seller will pay for: (a) recording instruments necessary to deliver title in the condition required by this Agreement and (b) any document preparation fees of the Escrow Holder related to Seller’s delivery of title in the condition required by this Agreement.
(iii) Seller and Conservancy shall pay in equal amounts the fees charged by the Escrow Holder, including escrow fees and document preparation fees (except as related to Seller’s obligation to deliver title as required).
(e) If the escrow is canceled due to the breach or default of either party, the defaulting or breaching party shall pay escrow charges, if any. If the escrow is canceled because a contingency or condition is not met due to no fault of a party, e.g., failure to agree to the form of the Conservation Easement or the actions of a third party, the parties shall each pay one-half of
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5 the escrow charges. Each party shall be responsible for its own attorney’s fees, except as otherwise provided in this Agreement.
7. TITLE AT CLOSE OF ESCROW. Seller will convey to Conservancy good, marketable, and insurable title to the Conservation Easement, free of all title defects and free of liens, encumbrances, easements, restrictions, rights, and conditions except for the “Permitted Encumbrances,” as defined below.
(a) Conservancy shall have thirty (30) days after the Effective Date of this Agreement to review the Preliminary Title Report and to notify Seller of any exceptions to title or title defects that are unacceptable. At Conservancy’s discretion, Conservancy may have the Preliminary Title Report reviewed by third parties, including any their respective agents or contractors or the federal and/or state government. The failure of Conservancy to timely deliver to Seller notice of any exceptions to title or title defects that are unacceptable to Conservancy within thirty (30) calendar days after the Effective Date shall be deemed to constitute their approval of the Preliminary Title Report and condition of title. All matters disclosed by the Preliminary Title Report that Conservancy either approve or are deemed to have approved, as provided in this Agreement, are referred to as “Permitted Encumbrances.” The Permitted Encumbrances shall also include: (i) current general and special property taxes and assessments, not yet due; and (ii) the standard, pre-printed exceptions included in an ALTA, standard form, owner’s policy.
(b) The parties each acknowledge receipt of a copy of the updated Preliminary Report dated August 10, 2022, which is incorporated herein by this reference. Any existing mortgage or deed of trust affecting the Property must be fully discharged or subordinated in a form acceptable to Title Company, and the Conservancy prior to the Close of Escrow so that any foreclosure, exercise of any power of sale, or other enforcement thereof shall not adversely affect the existence, continuing validity, or enforceability of the Conservation Easement. Seller shall cause any lender with an unsubordinated security interest in the Property to accept a payoff of the outstanding amount due at close of escrow. In addition, Seller shall take all steps necessary to cause all tenants to subordinate their leases to the Conservation Easement within the timeframe set forth in subsection (c), below.
(c) If any Unpermitted Encumbrance or title defect that would make Seller unable to convey at Close of Escrow the title required to be conveyed in accordance with this Section or Conservancy’s objections to the exceptions listed in the Preliminary Report, Seller shall promptly, with due diligence and at or before Close of Escrow use reasonable efforts to cure the title defect or exception to title at Seller’s sole cost and expense. If, by ten (10) calendar days prior to Close of Escrow, despite good faith, reasonable efforts, Seller has not been successful with the removal and/or correction of the title defect or Unpermitted Encumbrance to title, Seller shall so notify Conservancy and they will have the options set forth below, which must be exercised by Conservancy prior to the Close of Escrow, which decision shall be communicated by written notice to Seller:
(i) for Conservancy, to accept title to the Property, with exception to the Unpermitted Encumbrances or title defects without a reduction of the Purchase Price in full satisfaction of Seller’s obligations, provided that if a title endorsement covering the issue
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6 satisfactory to Conservancy is available at a cost not to exceed Two Thousand Dollars ($2,000.00), Seller shall be obligated to pay for and provide said entitlement.
(ii) for Conservancy, to elect not to consummate the transaction, in which case: (A) this Agreement shall be terminated and become null and void; (B) the Deposit shall be refunded to Conservancy; and (C) the parties shall have no further rights, obligations, or remedies with respect to each other under this Agreement.
(d) Nothing shall prevent the parties from agreeing in writing to a postponement of the Close of Escrow to allow Seller further time to cure the Unpermitted Encumbrances or title defects.
8. WITHHOLDING REQUIREMENTS.
(a) Prior to the Close of Escrow, Seller will sign a Non-Foreign Certificate certifying that Seller is not a "foreign person" for U.S. income tax purposes. Seller acknowledges that if Seller is unable to certify that Seller is not a "foreign person," Buyer may be required to withhold a portion of the Purchase Price at Closing. The withheld amount is then submitted to the Internal Revenue Service.
(b) California law requires buyers or their designated agent (i.e., the Escrow Agent) to withhold 3 1/3% of the total sales price from any real estate transaction unless the seller is exempt from withholding. The withheld amount is then submitted to the California Franchise Tax Board. Seller will be required to sign under penalty of perjury appropriate California tax forms and to submit the completed form to buyer or buyer’s designated agent prior to the Close of Escrow.
9. PRORATIONS AND POSSESSION.
(a) There are to be no prorations. Seller shall remain responsible for all real property taxes,assessments, and similar property-related charges throughout the escrow period and thereafter.
(b) Upon Close of Escrow, possession shall remain with Seller subject to any and all of Seller’s and Conservancy’s rights as described in the Deed of Conservation Easement.
10. SELLER'S CONDITIONS PRECEDENT. Seller's obligation to sell the Conservation Easement is contingent on occurrence of all of the following:
(a) Conservancy shall have deposited with the Escrow Holder the Purchase Price for the Conservation Easement; and
(b) Seller’s city council shall have approved the form and substance of the Deed of Conservation Easement or shall have delegated such approval to an official representative of Seller. Said approval shall not be unreasonably withheld;
Woodland Regional Park Preserve Conservation Easement
Purchase and Sale Agreement 02.21.23
7 (c) Conservancy shall have timely performed, and shall not be in default of any of its other obligations under this Agreement; and
(d) Seller’s approval of the complete and final form and substance of the Deed of Conservation Easement (Exhibit B) and Woodland Regional Park Preserve Site-Specific Management Plan (Exhibit C). Such approval is in the sole and absolute discretion of Seller.
11. CONSERVANCY’S CONDITIONS PRECEDENT. Conservancy’s obligations under this Agreement are contingent on the occurrence of all of the following:
(a) Seller shall have delivered through Escrow: (i) an executed, acknowledged, and recordable Deed of Conservation Easement sufficient to convey title to the Conservancy; (ii) if applicable, a duly executed Non-Foreign Transferor Declaration, and (iii) California Form 593 Real Estate Withholding Certificate;
(b) Conservancy’s board of directors shall have approved the form and substance of the Deed of Conservation Easement or shall have delegated such approval to an official representative of Conservancy. Said approval shall not be unreasonably withheld;
(c) Seller shall deliver through Escrow such other funds and documents as are necessary to comply with Seller’s obligations under this Agreement, including the tender of insurable title on the terms required by Section 7;
(d) Seller shall not be in default of any of its obligations under the terms of this Agreement, and all of Seller’s representations and warranties made as of the date of this Agreement shall continue to be true and correct as of the Close of Escrow;
e) Conservancy shall have approved the condition of title to the Property, and Escrow Holder shall have committed to deliver to Conservancy a title insurance policy as required by Section 7 hereof;
(f) Conservancy shall have deposited the sum of One Million, One Hundred Eighty-Five Thousand Dollars ($1,185,000.00) and such other funds as are necessary to comply with Conservancy's obligations under this Agreement into Escrow; and
(g) No loss or damage to the Property shall have occurred that would permit Conservancy to terminate this Agreement pursuant to Section 12 below.
12. FAILURE OF CONDITIONS. Conservancy and Seller agree to use good faith, reasonable efforts to satisfy each of the foregoing conditions in Sections 10 and 11. If a condition for the benefit of Conservancy or Seller is not satisfied by the Close of Escrow or earlier individual satisfaction date, as set forth in the above conditions, then that party, which was to be benefited by the condition, may elect to: (a) terminate this Agreement; (b) defer the Close of Escrow until the conditions have been satisfied (but not beyond ninety (90) calendar day after the Effective Date, or as otherwise specified in this Agreement); or (c) waive the condition.
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Purchase and Sale Agreement 02.21.23
8 If the Close of Escrow fails to occur for any reason other than the default of the Conservancy, Conservancy shall be entitled to receive an immediate and full refund of the Deposit and any other monies deposited with the Title Company by Conservancy together with all interest accrued thereon.
13. SELLER'S PROMISE NOT TO FURTHER ENCUMBER. Until the Close of Escrow, Seller shall not do any of the following without the prior written consent of Conservancy, which shall not be unreasonably withheld:
(a) make or extend any leases, contracts, options, or agreements whatsoever affecting the Property that fail to incorporate the terms of this Agreement by reference or that would authorize any action that would be a violation of either this Agreement or the terms of the Conservation Easement that Seller cannot remove by the Close of Escrow;
(b) cause or permit any lien, encumbrance, mortgage, deed of trust, right, restriction, or easement to be placed upon the Property, unless the same is made expressly subject and subordinate to the Conservation Easement; or
(c) permit any mortgage, deed of trust, or other lien to be foreclosed upon due to Seller's actions or omission, including failure to make a required payment.
14. SELLER'S REPRESENTATIONS. Seller makes the following representations and warranties:
(a) Seller is the fee owner of the Property and has full power and authority to enter into this Agreement and to sell, transfer, and convey all right, title, and interest in and to the Conservation Easement.
(b) To the best of Seller’s knowledge, there is no suit, action, arbitration, legal, administrative, or other proceeding or inquiry pending or threatened against the Property or pending or threatened against Seller which could affect Seller’s title to the Property, or any portion thereof, or materially affect the value of the Conservation Easement.
(c) To the best of Seller’s knowledge, there are no:
(i) intended public improvements or private rights which will result in the creation of any liens upon the Property;
(ii) uncured notices which have been served upon Seller from any governmental agency notifying Seller of any violations of law, ordinance, rule, or regulation which would affect the Property;
(iii) actual or impending mechanic’s liens against the Property; or
(iv) notices or other information giving Seller reason to believe that any conditions existing on the Property or in the vicinity of the Property or in ground or surface
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Purchase and Sale Agreement 02.21.23
9 waters associated with the Property may have a material effect on the value of the Property, or subject the owner of the Property to potential liabilities under environmental laws.
(d) To the best of Seller’s knowledge, there is no lease, license, permit, other option, right of first refusal or other agreement, written or oral, which affects the Property, other than that certain lease agreement with Tuleyome to utilize the portion of the Property contained within the Park Facilities Development Envelope and other portions of the Easement Area specifically identified within the Management Plan by the Conservancy and the Seller for educational programs and activities as well as the future development of an Environmental Education Center located solely within the Park Facilities Development Envelope, which agreement shall be subordinated to the Deed of Conservation Easement within thirty (30) days past the Close of Escrow.
(e) To the best of Seller's knowledge, there is no condition at, on, under, or related to the Property presently or potentially posing a significant hazard to human health or the environment, except for the five landfills on approximately thirty-two (32) acres of the Easement Area that have all been capped and closed in accordance with all federal, state, and local laws and regulations, including without limitation all Environmental Laws, and except as disclosed in that certain Phase I Environmental Site Assessment Report prepared for Yolo Habitat Conservancy dated December 17, 2020.
(f) This Agreement will not constitute a breach or default under any agreement to which Seller is bound or to which the Property is subject.
15. CONSERVANCY’S REPRESENTATIONS.
(a) Conservancy hereby represents and warrants to Seller as follows:
(i) that Conservancy is a joint powers agency organized and existing under California law (Government Code §§ 6501 et seq.) with legal authority to acquire and permanently conserve land for the benefit of special status species;
(ii) that Conservancy has full power and authority to enter into this Agreement, fund the purchase and hold the Conservation Easement under the terms of this Agreement, and the persons signing this Agreement on behalf of Conservancy have full power and authority to sign for Conservancy and to bind the Conservancy to this Agreement.
16. RELIANCE. “To the best of Seller’s knowledge” means the actual knowledge, without inquiry, of Seller. Each of the above representations is material and is relied upon by the other parties. Each of the above representations shall be deemed to have been made as of the Close of Escrow and shall survive the Close of Escrow for one (1) year.
Each party shall indemnify, defend (by counsel reasonably acceptable to the other party), and hold the other party harmless from all expenses, loss, liability, damages, and claims, including the indemnified party’s reasonable attorneys’ fees, if necessary, arising out of the breach of any of the indemnifying party’s warranties, representations, and covenants. If, before
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Purchase and Sale Agreement 02.21.23
10 the Close of Escrow, Seller discovers any information or facts that would materially change the foregoing warranties and representations, Seller shall immediately give written notice to the Conservancy of those facts and that information. If any of the foregoing warranties and representations cease to be true before the Close of Escrow, the Seller shall be obligated to remedy the problem, provided the problem can be remedied for an amount of not more than Ten Thousand Dollars ($10,000.00). If the problem is not remedied before the scheduled Close of Escrow and cannot be remedied by payment of money as aforesaid, Conservancy may elect to either (a) terminate this Agreement in which case Conservancy shall have no obligation to purchase the Conservation Easement and Seller shall have no obligation to sell the Conservation Easement, and the Deposit shall be returned to the Conservancy and the parties shall have no further liability or obligation to the other party; or (b) defer the Close of Escrow until the problem has been remedied (but not later than until sixty (60) days following the Effective Date, or as otherwise permitted pursuant to this Agreement), but if the problem has not then been remedied, then any party may terminate this Agreement on or after the sixtieth (60 th) calendar
day following the Effective Date and the Deposit shall be returned to the Conservancy and the parties shall have no further liability or obligation to the other party.
17. RISK OF LOSS. All risk of loss or damage to the Property will remain with Seller until Close of Escrow. In the event some material loss or damage occurs prior to the Close of Escrow, Conservancy may, without liability, terminate this Agreement. In the event of such termination, neither party shall have any further liability or obligation under this Agreement.
18. ASSIGNMENT AND SUCCESSORS. This Agreement may not be assigned without the prior written consent of the other parties. Subject to the foregoing sentence, this Agreement shall inure to the benefit of and be binding upon the parties to this Agreement and their respective heirs, beneficiaries, successors, and assigns.
19. PROFESSIONAL ADVISORS. Conservancy have encouraged Seller to retain and rely upon its own professional advisors (attorney, accountant, financial, and/or estate planner, etc.).
Except for what is set forth in this Agreement, Seller is not relying upon any statements, information, representations, or advice provided by Conservancy in this transaction. Seller will rely on independent counsel regarding this transaction.
20. TAX-DEFERRED EXCHANGE. In the event Seller decides to undertake a tax-exempt exchange of the Property in accordance with Internal Revenue Code section 1031, Conservancy makes no representation and renders no tax opinion that such exchange is permissible under the law but agrees to: (a) reasonably cooperate with Seller; and (b) execute and deliver such instruments of transfer and other documents as may be reasonably requested by the Seller to carry out such exchange for the benefit of Seller provided that Conservancy have sufficient time to assure itself that such exchange is permissible under the law. Such exchange, if undertaken by Seller, shall be without expense, liability, or delay to Conservancy.
21. INTEGRATION. The terms of this Agreement are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its
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Purchase and Sale Agreement 02.21.23
11 terms and that no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding, if any, involving these Agreements.
22. ADDITIONAL DOCUMENTS. Seller and Conservancy agree to execute such additional documents, including escrow instructions, as may be reasonable and necessary to carry out the provisions of this Agreement.
23. CAPTIONS. The captions in this Agreement are for convenience of reference only and are not intended as part of this Agreement.
24. AMENDMENTS. This Agreement may not be amended, modified, altered, or changed in any respect whatsoever except by a further agreement in writing executed by Seller and Conservancy.
25. NOTICES. All notices, claims, demands, or other communications under this Agreement (each such, a "notice") shall be in writing delivered by hand, email transmission, commercial express courier service, or U.S. mail, postage prepaid, to the parties and their attorneys at the addresses provided below. Notices delivered by hand or by commercial express courier service shall be deemed given when received, as evidenced by written receipt. Notices delivered by mail shall be deemed given three (3) days after mailing. Notices transmitted by email, shall be deemed given when transmitted.
To Seller: City of Woodland
Attn: Ken Hiatt, City Manager
300 First Street, Woodland, CA 95695
Telephone No.: (530) 661-5802
Email: [email protected]
To Conservancy: Yolo Habitat Conservancy
Attn: Alex Tengolics, Executive Director
PO Box 2202, Woodland, CA 95776
Telephone No.: (530) 666-8150
Email: [email protected]
26. ATTORNEYS' FEES. If any legal action is brought by any party to enforce any provision of this Agreement, the prevailing party shall be entitled to recover from the non- prevailing party/ies reasonable attorneys' fees, costs, and court costs in such amounts as shall be allowed by the court. This Section shall survive the Close of Escrow or any earlier termination of this Agreement.
27. COMMISSIONS, INDEMNITY, DISCLOSURE. Each party represents to the other party that there is no broker representing such party in the current transaction, and that the representing party has incurred no liability for any brokerage commission or finder's fee arising from or relating to the transactions contemplated by this Agreement. Seller shall be responsible for any broker commission associated with this purchase. Each party hereby indemnifies and agrees to protect, defend and hold harmless the other party from and against all liability, cost,
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Purchase and Sale Agreement 02.21.23
12 damage or expense (including without limitation attorneys' fees and costs incurred in connection therewith) on account of any brokerage commission or finder's fee which the indemnifying party has agreed to pay or which is claimed to be due as a result of the actions of the indemnifying party. This Section is intended to be solely for the benefit of the parties hereto and is not intended to benefit, nor may it be relied upon by, any person or entity not a party to this Agreement.
28. SEVERABILITY. Each provision of this Agreement is severable from any and all other provisions of this Agreement. Should any provision of this Agreement be for any reason unenforceable, the balance shall nonetheless be of full force and effect.
29. TIME IS OF ESSENCE. Time is of the essence of this Agreement and the escrow provided for and contemplated herein. All times and dates in this Agreement are of the essence.
30. MEDIATION OF DISPUTES; REMEDIES. Seller and Conservancy agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved. The exercise of any remedy provided by law and the provisions of this Agreement for any remedy shall not exclude other remedies unless they are expressly excluded. Conservancy shall not have the right of specific performance with respect to the enforcement of this Agreement; however, in the event of Seller’s default under this Agreement, except as may be otherwise provided in this Agreement, Conservancy shall retain the right to reimbursement from Seller for Conservancy’s reasonable costs and expenses incurred in attempting to carry out this Agreement, provided Seller’s reimbursement obligation shall not exceed Fifteen Thousand Dollars ($15,000.00).
31. WAIVER. Waiver by one party of the performance of any covenant, condition, or promise shall not invalidate this Agreement, nor shall it be considered to be a waiver by such party of any other covenant, condition, or promise hereunder.
The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time.
32. DEPENDENCY AND SURVIVAL OF PROVISIONS. The respective warranties, representations, covenants, agreements, obligations, and undertakings of each party hereunder shall be construed as dependent upon and given in consideration of those of the other party, and shall survive the Close of Escrow for a period of one (1) year.
33. CONSTRUCTION. As used in this Agreement, the masculine, feminine, or neuter gender and the singular or plural number shall each be deemed to include the other whenever the context so indicates. This Agreement shall be construed as a whole, the captions being for the convenience of the parties only and not intended to describe or define the provisions in the portions of the Agreement to which they pertain. This Agreement shall be governed by, and construed under, the laws of the State of California, as having been drafted by both parties.
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Purchase and Sale Agreement 02.21.23
13 34. INTERPRETATION. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action to enforce or interpret the provisions of this Agreement may be commenced only in the Superior Court of the County of Yolo, State of California.
35. EXHIBITS. The following Exhibits to the Agreement are attached hereto and made a part hereof:
Exhibit A: Conservation Easement Area Map
Exhibit B: Form of Deed of Conservation Easement
Exhibit C: Form of Management Plan
36. COUNTERPARTS. This Agreement may be signed in one or more counterparts and shall be effective when signed by the Chair of the Yolo Habitat Conservancy and the Mayor of the City of Woodland or their duly-authorized designees. Faxed or electronic signature pages may be relied upon as evidence of execution.
37. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, or agreements, whether written or oral. In the event of a dispute between the parties as to the language of this Agreement or the construction or meaning of any term hereof, this Agreement shall be deemed to have been drafted by the parties in equal parts so that no presumptions or inferences concerning its terms or interpretation may be construed against any party to this Agreement.
IN WITNESS WHEREOF, Seller, Conservancy have executed this Agreement of Purchase and Sale for Conservation Easement on the date shown below, the later of which shall be the Effective Date and Seller and Conservancy hereby acknowledge receipt of a copy of this Agreement.
SELLER:
By: Ken Hiatt, City Manager Date:
City of Woodland
YOLO HABITAT CONSERVANCY
By: Alexander Tengolics, Executive Director Date:
APPROVED AS TO FORM:
By:________________________________
Philip J. Pogledich, County Counsel
Counsel to the Yolo Habitat Conservancy
Woodland Regional Park Preserve Conservation Easement
Purchase and Sale Agreement 02.21.23
A-1
EXHIBIT A
CONSERVATION EASEMENT AREA MAP
Woodland Regional Park Preserve Conservation Easement
Purchase and Sale Agreement 02.21.23
B-1
EXHIBIT B
FORM OF DEED OF CONSERVATION EASEMENT
Woodland Regional Park Preserve Conservation Easement
Purchase and Sale Agreement 02.21.23
C-1
EXHIBIT C
FORM OF MANAGEMENT PLAN
Location Map
Road 102
Road 103
CR 25
City of
Woodland
(WPCF)
Woodland
Regional
Park Preserve
160 acres
Existing Conservation
Easement
(Center for Natural Lands
Management)
Existing Conservation
Easement
(80 acres—42-030-22)
Spring Lake East
Regional Pond
N
CR 25A
WOODLAND REGIONAL PARK PRESERVE MASTER PLAN
0 20’
80’
May 13, 2022
160’
CITY WELL
FACILITIES SITE
PERMANENT WETLAND
SEASONAL WETLAND
LANDFILL AREA 1
LANDFILL AREA 2
LANDFILL AREA 4
LANDFILL AREA 3
LANDFILL AREA 5
CENTER FOR NATURE
SCIENCE AND CULTURE
STORM WATER CHANNEL
STORM WATER CHANNEL
TREES
ALKALI SINK
VERNAL POOL COMPLEX
KIOSK & INTERPRETIVE SIGNAGE
BIKE RACK
SIGNAGE WITH HOURS AND PROHIBITIONS
BIRD BOXES
WILDLIFE CAMERAS
TRAIL SIGNAGE
BAT HOUSES
RECYCLING AND TRASH CONTAINERS
EXISTING ADA ACCESSIBLE TRAIL (0.4 MILES)
UPLAND DECOMPOSED GRANITE TRAIL (3.2 MILES)
WETLAND DECOMPOSED GRANITE TRAIL (0.5 MILES)
BENCH
MONITORING WELL
POST AND CABLE FENCE
PUMP
PALMATE BRACTED BIRDS BEAK (FEDERALLY LISTED
ENDANGERED SPECIES)
DECOMPOSED GRANITE GATHERING AREA
DEMONSTRATION GARDENS AND NATIVE PLANTING
ROTARY PAVILION
VIEWING PLATFORM
EXISTING ADA PARKING STALLS (2)
PARKING LOT
STORM WATER OUTFALL
BICYCLE & PEDESTRIAN PATH
ENTRY SIGN
TRAFFIC SIGNAL
GATE
PERIMETER FENCE
PERMANENT SLOUGH
250’ BUFFER FOR PALMATE BRACTED BIRDS BEAK
(FEDERALLY LISTED ENDANGERED SPECIES)
UTILITY LINES (2” SSMF, 2” DOMESTIC WATER,
ELECTRICAL/PHONE/DATA, GAS)
NOTE: ALL GRAPHICS ARE DIAGRAMMATIC AND
DO NOT REFLECT ACCURATE ENVIRONMENTAL
MAPPING.
LEGEND
t
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 P
P
t
t
t
t
1 1
14 7
12 13
4 4
3 6
6 1
5 8
9 11
15 10
2 12
12 1
County Rd. 25A
County Rd. 25
County Rd. 25
E Heritage Pkwy
E Heritage Pkwy
County Rd. 25
County Rd. 25
County Rd. 102
County Rd. 102
County Rd. 102
County Rd. 102
WOODLAND REGIONAL PARK PRESERVE MASTER PLAN
0 20’
80’
May 13, 2022
160’
CITY WELL
FACILITIES SITE
PERMANENT WETLAND
SEASONAL WETLAND
LANDFILL AREA 1
LANDFILL AREA 2
LANDFILL AREA 4
LANDFILL AREA 3
LANDFILL AREA 5
CENTER FOR NATURE
SCIENCE AND CULTURE
STORM WATER CHANNEL
STORM WATER CHANNEL
TREES
ALKALI SINK
VERNAL POOL COMPLEX
KIOSK & INTERPRETIVE SIGNAGE
BIKE RACK
SIGNAGE WITH HOURS AND PROHIBITIONS
BIRD BOXES
WILDLIFE CAMERAS
TRAIL SIGNAGE
BAT HOUSES
RECYCLING AND TRASH CONTAINERS
EXISTING ADA ACCESSIBLE TRAIL (0.4 MILES)
UPLAND DECOMPOSED GRANITE TRAIL (3.2 MILES)
WETLAND DECOMPOSED GRANITE TRAIL (0.5 MILES)
BENCH
MONITORING WELL
POST AND CABLE FENCE
PUMP
PALMATE BRACTED BIRDS BEAK (FEDERALLY LISTED
ENDANGERED SPECIES)
DECOMPOSED GRANITE GATHERING AREA
DEMONSTRATION GARDENS AND NATIVE PLANTING
ROTARY PAVILION
VIEWING PLATFORM
EXISTING ADA PARKING STALLS (2)
PARKING LOT
STORM WATER OUTFALL
BICYCLE & PEDESTRIAN PATH
ENTRY SIGN
TRAFFIC SIGNAL
GATE
PERIMETER FENCE
PERMANENT SLOUGH
250’ BUFFER FOR PALMATE BRACTED BIRDS BEAK
(FEDERALLY LISTED ENDANGERED SPECIES)
UTILITY LINES (2” SSMF, 2” DOMESTIC WATER,
ELECTRICAL/PHONE/DATA, GAS)
NOTE: ALL GRAPHICS ARE DIAGRAMMATIC AND
DO NOT REFLECT ACCURATE ENVIRONMENTAL
MAPPING.
LEGEND
t
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 P
P
t
t
t
t
1 1
14 7
12 13
4 4
3 6
6 1
5 8
9 11
15 10
2 12
12 1
County Rd. 25A
County Rd. 25
County Rd. 25
E Heritage Pkwy
E Heritage Pkwy
County Rd. 25
County Rd. 25
County Rd. 102
County Rd. 102
County Rd. 102
County Rd. 102