To: Board of Directors, Sonoma County Water Agency
Department or Agency Name(s): Sonoma County Water Agency
Staff Name and Phone Number: Sharina Arevalos (707) 322-4854
Vote Requirement: 4/5th
Supervisorial District(s): Third
Title:
Title
Consideration of Grant of Easement to Los Pinos Apartments, LLC, for Storm Drain Improvements
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Recommended Action:
Recommended action
Consider a proposed grant of an easement to Los Pinos Apartments, a California limited liability company, and in accordance with Section 9 of Sonoma County Water Agency’s enabling legislation, direct Staff to return to the Board at the next scheduled Board Meeting with a proposed resolution authorizing the execution of the easement, making a determination that the grant of the easement will not adversely affect Sonoma County Water Agency in any respect, and making proposed environmental findings. (4/5th Vote Required) (Third District)
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Executive Summary:
This item involves the granting of an easement by the Sonoma County Water Agency (Sonoma Water) to allow Los Pinos Apartments, a California limited liability company, to construct a storm drain outfall for the Los Pinos Apartments Multifamily Rental Housing Project (Project). The Project is located at 3496 Santa Rosa Avenue (APN 134-132-015). Sonoma Water owns certain real property (APN 134-152-059) where the proposed storm drain outfall for the Project is located.
Discussion:
Los Pinos Apartments has requested that Sonoma Water execute an easement agreement for installation of storm drain outfall improvements on Sonoma Water Property. The storm drain outfall improvements will allow Los Pinos Apartments to meet County of Sonoma permitting requirements necessary to build the Project-a 50-unit multifamily rental housing project that includes three low-income units-on Santa Rosa Avenue. Sonoma Water currently uses the property for flood control maintenance purposes.
Section 9 of Sonoma Water’s enabling legislation requires that any easement granted to a private entity must be granted after first being considered at a prior meeting, for adequate consideration. Sonoma Water staff has determined that the value of the easement is nominal and that adequate consideration for granting of the easement is reimbursement of Sonoma Water’s staff cost to grant the easement. Los Pinos Apartments has deposited $15,000 to reimburse Sonoma Water for staff costs.
Section 9 also requires a Board finding that the “disposition will not adversely affect the district in any respect.” Sonoma Water staff has determined that the easement would not adversely impact with Sonoma Water’s use of the property in any respect. Los Pinos Apartments understands and agrees that any improvements completed as part of the project will be considered Los Pinos Apartments’ sole property and that the company shall maintain all Project improvements within the Easement Area at its sole cost and expense.
As required by Section 9, Staff propose to return to the Board with a proposed resolution, making the required finding that the grant will not adversely impact Sonoma Water in any way, and making environmental findings required by the California Environmental Quality Act (CEQA). The proposed CEQA findings will be based on the review completed by Sonoma County as a lead agency. The Sonoma County Design Review Committee approved the Project on March 23, 2022, and filed a Notice of Determination on March 23, 2022. The easement meets all requirements of Government Code, Section 65402, for General Plan consistency. The form of the proposed easement is attached as Attachment 1.
Sonoma County Strategic Plan:
N/A
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
None
Fiscal Summary
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Expenditures |
FY23-24 Adopted |
FY24-25 Projected |
FY25-26 Projected |
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Budgeted Expenses |
$15,000 |
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Additional Appropriation Requested |
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Total Expenditures |
$15,000 |
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Funding Sources |
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General Fund/WA GF |
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State/Federal |
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Fees/Other |
$15,000 |
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Use of Fund Balance |
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Contingencies |
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Total Sources |
$15,000 |
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Narrative Explanation of Fiscal Impacts:
The grant of easement is at the request of Property Owner Los Pinos Apartments, a California limited liability company. Funds for staff costs were budgeted in the Sonoma Water General Fund; however, Property Owner will reimburse Sonoma Water for staff costs for the grant of easement.
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Staffing Impacts: |
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Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
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Narrative Explanation of Staffing Impacts (If Required):
None
Attachments:
Attachment 1 - Easement Agreement
Attachment 2 - Notice of Determination
Related Items “On File” with the Clerk of the Board:
N/A