To: Board of Directors of the Sonoma County Agricultural Preservation and Open Space District and Board of Directors of the Russian River County Sanitation District
Department or Agency Name(s): Agricultural Preservation and Open Space District and Russian River County Sanitation District
Staff Name and Phone Number: Olivia Fiori 707-565-7349; Jennifer Willits 707-547-1921
Vote Requirement: Majority
Supervisorial District(s): Fifth
Title:
Title
Russian River Redwoods Fee Title Purchase and Conservation Easement Acquisition
End
Recommended Action:
Recommended action
Adopt a concurrent Resolution of the Boards of Directors of the Sonoma County Agricultural Preservation and Open Space District (Ag + Open Space) and the Russian River County Sanitation District (Sanitation District) to:
A) On behalf of Ag + Open Space:
1) Make certain determinations pursuant to the California Environmental Quality Act and direct the filing of a notice of exemption; and
2) Authorize up to $6,180,000 and all escrow costs for Ag + Open Space’s funding of Sanitation District’s purchase of the fee interest in the Russian River Redwoods property and Ag + Open Space’s acquisition of a conservation easement and recreation covenant over the Property; and
3) Determine that the acquisition is consistent with the Sonoma County Agricultural Preservation and Open Space District’s Expenditure Plan and the 2020 Sonoma County General Plan; and
4) Approve and authorize the Board President to execute the conservation easement and recreation covenant in a form on file with the Clerk, along with associated certificates of acceptance; and
5) Consent to the recordation of an irrevocable offer of dedication in favor of Ag + Open Space pursuant to Public Resources Code §5565.5;
6) Authorize the General Manager to take all other actions necessary to complete this transaction, in consultation with County Counsel including the right to subordinate the conservation easement to Russian River County Sanitation District easements.
B) On behalf of Russian River County Sanitation District:
1) Determine that the acquisition of the Property is consistent with Sanitation District’s purposes;
2) Delegate authority to Sonoma County Water Agency (Sonoma Water)'s General Manager, on behalf of the Sanitation District, to execute a Purchase and Sale Agreement with landowner, Save the Redwoods League, execute the certificate of acceptance, and other necessary documents, in a form approved by County Counsel;
3) Approve and authorize the General Manager to execute the conservation easement and recreation covenant in a form on file with the Clerk, along with an associated Offer to Dedicate the fee interest in the Property to Ag + Open Space;
4) Authorize the General Manager on behalf of the Sanitation District to pay for title insurance and to take all other actions necessary to complete this transaction, in consultation with County Counsel.
(Fifth District)
end
Executive Summary:
Russian River Redwoods is a 394.23-acre property located south of Guerneville on the southeast side of the Russian River, between Neeley Road and Mays Canyon Road in Sonoma County, California (“Property”). The Sanitation District’s treatment plant is situated adjacent to and surrounded on three sides by the Property. In 1979, the Sanitation District obtained an easement from a previous property owner over seventy-seven (77) acres of the Property for a ninety-nine (99) year term, for purposes of spray field irrigation disposal of treated wastewater. The easement includes an agreement to cooperate in a joint beneficial use of the property and contains provisions for an option to potentially expand the spray field irrigation area. The irrigation program is an essential component of the Sanitation District’s treatment plant operations and as such the 1979 Sanitation District easement will be kept in a senior position over the conservation easement. The Sanitation District is proposing to acquire the Property for sanitation purposes and for the conservation of natural resources. Sanitation District’s enabling legislation does not allow for it to provide or fund recreation, so cooperation from other interested partners is required to realize beneficial recreational use by the public.
Sonoma County Agricultural Preservation and Open Space District (“Ag + Open Space” or “District”) is proposing to fund the Sanitation District’s purchase of a fee interest in the Property. As a condition of the funding, the Sanitation District will convey a conservation easement and recreation conservation covenant to Ag + Open Space at closing. The conservation easement will protect the natural, scenic, recreational, and educational resource values of the Property, which is immediately adjacent to the Russian River and Mays Canyon Creek. The recreation conservation covenant will ensure the Property is open to the public in perpetuity as a park and open space preserve within ten years of acquisition and after compliance with the California Environmental Quality Act (CEQA). There is currently a pending lawsuit associated with the Property that is actively being settled by the seller and will be resolved as a condition of closing.
Discussion:
Property Characteristics/Project Significance
The majority of the Property is visible from Highway 116, recreators on the Russian River, and other public roads in Guerneville. Russian River Redwoods is immediately adjacent to the Russian River, and to the Sanitation District’s Wastewater Treatment Facility. The Property is undeveloped and has been historically used for commercial timber harvest and as a treated wastewater land disposal site. The land is comprised in seven (7) assessor’s parcels and there are six (6) Administrative Certificates of Compliance associated with the Property. Within six months of closing, the parcels will be merged into one (1) legal lot. Current site improvements include wastewater effluent irrigation systems within Building Envelope 1, perimeter fencing, and graded dirt single lane roads.
The Property is in the Lower Russian River watershed and contains 0.95 miles of Russian River frontage. Additionally, 0.5 miles of Mays Canyon Creek, a tributary to Pocket Canyon Creek, which is a tributary to the Russian River, flows through the east side of the Property. The Property is steep, forested, and mountainous land, with some upland meadows and floodplain flats associated with Russian River and Mays Canyon Creek. The Property is covered by Coast redwood forest, Douglas-fir forest, and hardwood species including tan oak, California bay, and riparian hardwoods. The Property also features a stand of mature second growth and old growth (including the Clar Tree, the largest known redwood in Sonoma County) within the Russian River floodplain.
The Property includes 77 acres encumbered by an easement granted on July 19, 1979, to the Russian River County Sanitation District, with a termination date of July 19, 2078. Approximately 17 of the 77 acres are presently used for land disposal of effluent from the wastewater treatment facility. Spray irrigation generally occurs between May 15th and September 30th of each year. When the Russian River County Sanitation District takes ownership of the Property the 1979 easement will merge. Should the Russian River County Sanitation District convey the Property, it will reserve a new easement identical to the 1979 easement and the District will accordingly subordinate the conservation easement.
Project Structure
Fee title of the Property will be purchased by the Sanitation District through Ag + Open Space contributions. As a condition of funding, Ag + Open Space will receive a conservation easement at closing from the Sanitation District. The conservation easement requires the Property to be held under a single common ownership, preserves the Property’s scenic qualities, and protects the Property’s natural resources, while allowing recreational and educational uses consistent with protection and preservation of the Property’s natural resources. The Sanitation District will also convey to Ag + Open Space at closing a recreation conservation covenant together with an offer to dedicate. The provisions of the recreation conservation covenant require the Property to remain open to the public for recreational and education purposes in perpetuity, which recreational requirements will take effect by a recreational provider no more than ten years after acquisition and following compliance with the California Environmental Quality Act (CEQA). The Project Structure includes: (1) a 77-acre Building Envelope designated for treated wastewater disposal and spray field infrastructure associated with the Sanitation District’s Treatment Facility; (2) a 0.75-acre Floating Building Envelope, subject to Ag + Open Space approval as to location, designated for residential use for a Property caretaker and associated residential structures and improvements; (3) two 0.75-acre Floating Building Envelopes, subject to Ag + Open Space approval as to location, each designated for equipment storage in support of natural resources and recreational and educational uses, and/or the development of a small parking lot; and (4) a 3-acre Floating Camping Envelope, subject to Ag + Open Space approval as to location. Additionally, the conservation easement allows for restoration activities to enhance habitat conditions, park development for recreational and educational enhancement, and the creation of trails, ancillary infrastructure, and park features, subject to Ag + Open Space’s approval. The Sanitation District will submit a Forest Management Plan in service of the Property’s natural resource preservation, restoration, and enhancement.
Strategic Plan:
Vital Lands Initiative
Russian River Redwoods is essential for the Community Identity, Healthy Communities, Water, and Wildlands categories of Ag + Open Space’s Vital Lands Initiative. Conserving this Property meets multiple objectives described in the Vital Lands Initiative as follows:
• Protect rare, unique, or particularly diverse vegetation communities;
• Protect the highest priority habitats for rare, unique, or special-status terrestrial plants and animals;
• Protect the highest priority riparian corridors and headwater streams;
• Protect the highest priority aquatic habitats and the lands that support rare, unique, or special-status aquatic plants and animals;
• Pursue partnerships for future acquisitions that expand, create, or connect new parks and open space preserves and trails.
Sonoma County General Plan 2020
The Project furthers several goals and policies in Sonoma County’s General Plan 2020, specifically in the Land Use, Open Space and Resource Conservation, and Water Resources Elements as noted below:
• Maintain important open space areas between and around the county’s cities in a largely open or natural character with low intensities of development. (Goal LU-5)
• Preservation of important scenic features. (Goal LU-10)
• Encourage conservation of undeveloped land, open space, and agricultural lands, protection of water and soil quality, restoration of ecosystems, and minimization or elimination of the disruption of existing natural ecosystems and flood plains. (Policy LU-11f)
• Identify and preserve roadside landscapes that have a high visual quality, as they contribute to the living environment of local residents and to the County’s tourism economy. (Goal OSRC-3)
• Preserve the unique rural and natural character of Sonoma County for residents, businesses, visitors and future generations. (Goal OSRC-6)
• Protect and enhance the County’s natural habitats and diverse plant and animal communities. (Goal OSRC-7)
• Identify and protect native vegetation and wildlife, particularly occurrences of special status species, wetlands, sensitive natural communities, woodlands, and areas of essential habitat connectivity. (Objective OSRC-7.1)
• Maintain connectivity between natural habitat areas. (Objective OSRC-7.5)
• Protect existing groundwater recharge areas. (Objective WR-2.3)
Sonoma Water Strategic Plan:
In addition to alignment with the countywide goals and objectives described above, the proposed Project advances multiple goals identified in Sonoma Water’s 2023 Strategic Plan:
• Community Engagement. Engage with the community to build understanding, trust and support for projects and programs.
• Conduct planning that integrates and balances operational, maintenance, and infrastructure priorities
Ag + Open Space’s Expenditure Plan
The Project is consistent with Ag + Open Space’s Expenditure Plan because it preserves biotic habitat areas, scenic landscape units, and scenic corridors, while offering opportunities for public recreation.
Ag + Open Space Fiscal Oversight Commission Approval
The Fiscal Oversight commission will make its determination that the appraisal meets the Ag + Open Space Appraisal Guidelines and Standards and that the acquisition of a conservation easement and recreation covenant up to the appraised value, does not exceed fair market value.
CEQA
Pursuant to Public Resources Code Section 21080.28(a)(1)(A), (B) & (F) and Section 15325(a), (c) & (f) of Title 14 of the California Code of Regulations, the acquisition is exempt from CEQA because the purpose of the acquisition is to preserve the natural condition of the Property, including plant and animal habitats; the restoration of natural conditions including plant and animal habitats; and the preservation of open space or lands for park purposes. This acquisition is also exempt from CEQA pursuant to Sections 15316 and 15317 of Title 14 of the California Code of Regulations, because the purpose of the acquisition is to provide for a park and to maintain the open space character of the area. The project is also exempt pursuant to Section 15301, existing facilities, as the project will allow for continued operation and maintenance of the Sanitation District’s existing irrigation spray field on the property, which will involve negligible or no expansion of existing or former use. CEQA Guidelines Section 15004(b)(2)(A) states that agencies “may enter into land acquisition agreements when the agency has conditioned the agency’s future use of the site on CEQA compliance.” Further development of the property for recreational purposes or expansion of treated wastewater disposal would be subject to future environmental review pursuant to CEQA.
This item directly supports the County’s Five-year Strategic Plan and is aligned with the following pillar, goal, and objective.
Pillar: Climate Action and Resiliency
Goal: Goal 5: Maximize opportunities for mitigation of climate change and adaptation through land conservation work and land use policies
Objective: Objective 2: Develop policies to maximize carbon sequestration and minimize loss of natural carbon sinks including old growth forests, the Laguna de Santa Rosa, and rangelands. Encourage agricultural and open space land management to maximize sequestration
Racial Equity:
NA
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
N/A
Fiscal Summary
|
Expenditures |
FY 24-25 Adopted |
FY 25-26 Projected |
FY 26-27 Projected |
|
Budgeted Expenses |
$6,180,000 |
|
|
|
Additional Appropriation Requested |
|
|
|
|
Total Expenditures |
$6,180,000 |
|
|
|
Funding Sources |
|
|
|
|
General Fund/WA GF |
|
|
|
|
State/Federal |
|
|
|
|
Fees/Other |
$6,180,000 |
|
|
|
Use of Fund Balance |
|
|
|
|
Contingencies |
|
|
|
|
Total Sources |
$6,180,000 |
|
|
Narrative Explanation of Fiscal Impacts:
Ag + Open Space has adequate appropriations in its FY 24-25 budget for the $6,180,000 funding for fee and conservation easement acquisition, which is funded by Sonoma County voter approved Measure F.
|
Staffing Impacts: |
|
|
|
|
Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
1. General Plan Map 2020
2. Location Map
3. Site Map
4. Concurrent Resolution
5. Notices of Exemption
6. Conservation Easement
7. Exhibit A Legal Description of Property
8. Exhibit B Project Structure Map
9. Exhibit C Legal Description of EDA
10. Exhibit D 1979 Easement Grant Deed
11. Certificates of Acceptance
12. Recreation Conservation Covenant
13. Irrevocable Offer of Dedication
14. Purchase and Sale Agreement
Related Items “On File” with the Clerk of the Board:
N/A