To: Board of Directors of the Sonoma County Agricultural Preservation and Open Space District and Board of Directors of the Sonoma County Water Agency
Department or Agency Name(s): Agricultural Preservation and Open Space District and Sonoma County Water Agency
Staff Name and Phone Number: Pierre Ratte 707-565-1537; Jennifer Willits 707-547-1921
Vote Requirement: Majority
Supervisorial District(s): Fourth
Title:
Title
Mark West Wikiup Open Space Preserve Fee Title Purchase and Conservation Easement Acquisition
End
Recommended Action:
Recommended action
Adopt a concurrent resolution of the Boards of Directors to:
A) On behalf of Ag + Open Space:
i. Make certain determinations pursuant to the California Environmental Quality Act and direct the filing of a notice of exemption; and
ii. Authorize up to $5,100,000 and escrow costs for Ag + Open Space to finance Sonoma Water ’s purchase of the fee interest in the Mark West Wikiup Open Space Preserve and the District’s acquisition of a conservation easement and recreation covenant over the Property; and
iii. 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
iv. 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
v. Consent to the recordation of an irrevocable offer of dedication in favor of Ag + Open Space pursuant to Public Resources Code §5565.5;
vi. Authorize the General Manager to take all other actions necessary to complete this transaction, in consultation with County Counsel.
B) On behalf of Sonoma Water:
i. Determine that the acquisition of the Property is consistent with Sonoma Water’s purposes;
ii. Delegate authority to Sonoma Water’s General Manager to execute a Purchase and Sale Agreement with landowner WBR, LLC, and other necessary documents, in a form approved by County Counsel;
iii. 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;
iv. Authorize the General Manager to take all other actions necessary to complete this transaction, in consultation with County Counsel.
(Fourth District)
end
Executive Summary:
The Mark West Wikiup Open Space Preserve is a 30.29-acre property, located at 5001 Carriage Lane in the Larkfield-Wikiup neighborhood of unincorporated Sonoma County, California (“Property” or “Mark West Wikiup Preserve”). Sonoma Water is proposing to acquire the Property because it has the potential to further programs related to habitat restoration, groundwater opportunities, water education, and recreational opportunities for the public.
Consistent with Section 3.8 of Sonoma Water’s enabling legislation, which allows for it to provide recreation only in connection with flood control or water supply facilities, Sonoma Water is able to provide recreation opportunities on the Property because it owns a flood control easement on the Property.
Sonoma County Agricultural Preservation and Open Space District (“Ag + Open Space”) is proposing to fund Sonoma Water’s purchase of a fee interest in the Property. As a condition of the funding, Sonoma Water will convey a conservation easement and recreation conservation covenant to Ag + Open Space at closing. The conservation easement applies to an approximately 30-acre portion of the Property. The conservation easement will protect the scenic, natural, recreational, and educational resource values of the Property, which is adjacent Mark West Creek and the densely populated Larkfield-Wikiup neighborhood. The recreation conservation covenant will ensure the Property is open to the public in perpetuity as a park and open space preserve after compliance with the California Environmental Quality Act (CEQA).
Discussion:
Property Characteristics/Project Significance
The Property is a former golf course and currently undeveloped land, adjacent to 0.5 mile of Mark West Creek and including associated riparian vegetation, oak trees, grassland, and grassy features of the former golf course. Mark West Creek is habitat for federally and State-listed coho salmon, and federally listed Chinook salmon and steelhead. Approximately 30% of the larger portion of the property is in a FEMA-identified “Special Flood Hazard Area” of Mark West Creek. There are urban residential properties surrounding the Property, which has a history of being open and recreational space used and enjoyed by the community.
Project Structure
The Property will be purchased by Sonoma Water through Ag + Open Space contributions to fee title acquisition and Ag + Open Space will receive a conservation easement at closing from Sonoma Water. 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. Sonoma Water 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 no more than three years after acquisition and following compliance with the California Environmental Quality Act (CEQA). The Project Structure includes: 1) a Natural Area for preservation and restoration of Mark West Creek, see Project Structure Map; 2) up to three Building Envelopes not to exceed 10% of the acreage and not to be located in the Natural Area; 3) restoration activities to enhance habitat conditions; 4) recreational and educational development for educational programs; and 5) park development for passive public recreational enhancement. The conservation easement’s allowances for the creation of trails, ancillary infrastructure, including parking, and park features is all subject to Ag + Open Space’s approval. Sonoma Water has the opportunity to submit a Master Plan for the purposes of Mark West Wikiup Open Space Preserve’s natural resource preservation, enhancement, and recreational development and use.
Conformance with Adopted Plans
Vital Lands Initiative
Mark West Wikiup Open Space Preserve is essential for offering residents and visitors of Sonoma County additional opportunities to connect with nature in publicly accessible parks and open spaces. Conserving this Property meets multiple objectives described in the Vital Lands Initiative (VLI):
• 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:
• Environmental Stewardship. Protect and sustain our watersheds to maintain water resources, ecosystems, and communities.
• Community Engagement. Engage with the community to build understanding, trust and support for projects and programs.
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
On June 1, 2023, the Fiscal Oversight Commission (FOC), in approving Resolution No. 2023-006, concluded that Ag + Open Space is not paying more or receiving less than the fair market value for acquisition of the Property by Sonoma Water subject to the conservation easement and recreation covenant that will be received by Ag + Open Space. After this regular meeting of the Commission, an offer was extended to the landowner, which they accepted expressing their desires to move this transaction forward. After the June FOC action, the conservation easement and recreation covenant terms were finalized, and on December 7, 2023, staff presented an update to the FOC regarding the intervening changes to the project design, none of which affect the fair market value determination that was made by the FOC in June.
CEQA
The project, consisting of the provision of funding by Ag + Open Space towards the acquisition of fee title by Sonoma Water, as well as the District’s acquisition of the Conservation Easement and Recreation Covenant, and the acquisition of the fee title by Sonoma Water, is exempt from the requirements of the California Environmental Quality Act (Public Resources Code Sections 21000 and following) pursuant to Public Resources Code Section 21080.28(a)(1)(A),(B) & (F) and Cal. Code of Regs. Tit. 14, § 15325(a) & (b), which exempts from CEQA the acquisition, sale, or other transfer of interest in land by a public agency for the preservation of land for park purposes and to preserve natural conditions existing at the time of acquisition, including plant and animal habitat, even if physical changes to the environment or changes in the use of the land are a reasonably foreseeable consequence of the acquisition, sale, or other transfer of the interests in land, or of the granting or acceptance of funding, provided that environmental review otherwise required by the Public Resources Code occurs before any project approval that would authorize physical changes being made to the land. This project 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.
Prior Board Actions:
N/A
Fiscal Summary
|
Expenditures |
FY 23-24 Adopted |
FY 24-25 Projected |
FY 25-26 Projected |
|
Budgeted Expenses |
$5,100,000 |
|
|
|
Additional Appropriation Requested |
|
|
|
|
Total Expenditures |
$5,100,000 |
|
|
|
Funding Sources |
|
|
|
|
General Fund/WA GF |
|
|
|
|
State/Federal |
|
|
|
|
Fees/Other |
$5,100,000 |
|
|
|
Use of Fund Balance |
|
|
|
|
Contingencies |
|
|
|
|
Total Sources |
$5,100,000 |
|
|
Narrative Explanation of Fiscal Impacts:
Ag + Open Space has adequate appropriations in its FY 23-24 budget for the $5,100,000 funding for fee and conservation easement acquisition, which is funded by Sonoma County voter approved Measure F. Adequate appropriations exist in FY 23-24 budget for escrow and closing costs, which are not included in the fiscal summary table.
Narrative Explanation of Staffing Impacts (If Required):
n/a
Attachments:
1. General Plan Map 2020
2. Site Map
3. Project Structure Map
4. Concurrent Resolution
Related Items “On File” with the Clerk of the Board:
1. Notice of Exemption
2. Conservation Easement
3. Certificates of Acceptance
4. Recreation Conservation Covenant
5. Irrevocable Offer of Dedication
6. Purchase and Sale Agreement