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
Approve Grant of Easement to Stony Point Flats, LP, for Storm Drain Improvements first introduced during previous Board Meeting
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Recommended Action:
Recommended action
A) Authorize Sonoma County Water Agency’s General Manager to execute the Easement Agreement, in a form approved by County Counsel, with Stony Point Flats, a California Limited Partnership. (Third District)
B) Adopt a Resolution determining that the grant of the easement to Stony Point Flats, a California Limited Partnership, will not adversely affect Sonoma County Water Agency in any respect and making responsible agency findings pursuant to the California Environmental Quality Act.
(4/5th Vote Required) (Third District)
end
Executive Summary:
This item approves the granting of an easement by the Sonoma County Water Agency (Sonoma Water) to allow Stony Point Flats, LP, a California Limited Partnership, to construct a storm drain outfall for the Stony Point Flats Affordable Apartment Community (Project). The Project is located at 2268 Stony Point Road (APN 125-521-008). Sonoma Water owns certain real property (APN 125-521-007) where the proposed storm drain outfall for the Project is located. The Board of Directors first heard the consideration for granting this easement at the November 7, 2023 Board meeting.
Discussion:
Stony Point Flats, LP, a California Limited Partnership, 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 Stony Point Flats to meet County of Sonoma permitting requirements necessary to build the 50-unit affordable apartment community on Stony Point Road. Sonoma Water currently uses the property for flood control maintenance purposes. Sonoma Water staff have determined that the easement would not adversely affect Sonoma Water’s use of the property in any respect. Stony Point Flats understands and agrees that any improvements completed as part of the project will be considered Stony Point Flats’ sole property and that the company shall maintain all Project improvements within the Easement Area at its sole cost and expense.
Section 9 of Sonoma Water’s enabling legislation requires that any easement granted to a private entity must be granted 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 and other related costs to grant the easement. Stony Point Flats (Property Owner) has agreed to reimburse Sonoma Water for its costs to process the easement. Sonoma Water Staff have determined that the easement would not adversely impact Sonoma Water’s use of its property in any respect. Sonoma Water’s enabling legislation requires that granting this easement be considered at no less than two regularly scheduled board meetings. In accordance with Section 9 of Sonoma Water’s enabling legislation, this item was considered at a previous Board Meeting.
The City of Santa Rosa (City), as lead agency pursuant to the California Environmental Quality Act (CEQA), certified an Environmental Impact Report (EIR), adopted findings, a Mitigation and Monitoring Reporting Plan (MMRP), and a Statement of Overriding Considerations for the Roseland Area/Sebastopol Road Specific Plan and Roseland Area Annexation Projects (Specific Plan) on October 20, 2016 and filed a Notice of Determination (NOD) on October 21, 2016. The Specific Plan includes a land use diagram, circulation plan, infrastructure improvement plan, as well as goals and policies to guide future development. To comply with CEQA, in December 2021, the City prepared a CEQA Initial Study Checklist (CEQA Checklist) to tier from the Specific Plan EIR to evaluate the proposed acquisition of the properties, along with a programmatic-level review of the circulation improvements. The CEQA Checklist was prepared in accordance with CEQA Guidelines Section 15168(c), Use With Later Activities. It concluded that the “environmental analysis, impacts, and mitigation requirements identified in the Specific Plan EIR remain substantially unchanged and support the finding that this later activity would not raise any new issues that result in any new significant impacts which cannot be mitigated to a level less than significant, and do not exceed the level of impacts identified in the Specific Plan EIR.” The easement meets all requirements of Government Code, Section 65402, for General Plan consistency.
As a Responsible Agency under CEQA, Sonoma Water staff considered the Specific Plan EIR and CEQA Checklist as prepared by the City. The proposed resolution for the easement agreement concurs with the each of the findings concerning environmental impacts and mitigation measures in the Roseland Area/Sebastopol Road and Roseland Area Annexation Projects Specific Plan EIR, and Resolution and Statement of Overriding Considerations prepared by the City of Santa Rosa, concurs with the City’s CEQA Checklist, and finds that the easement will not result in any significant impacts.
Sonoma Water has prepared a Notice of Determination in accordance with CEQA, the State CEQA Guidelines and Sonoma Water’s Compliance Procedures under CEQA.
County of Sonoma Strategic Plan
N/A
Sonoma Water Strategic Plan
This item directly supports Sonoma Water’s Strategic Plan and is aligned with the following goal, strategy, and action item.
Goal: 2 Planning and Infrastructure - Implement comprehensive, integrated, and innovative infrastructure planning to strengthen existing services, minimize life cycle costs, and prepare for the future.
Strategy: 2.1 Conduct planning that integrates and balances operational, maintenance, and infrastructure priorities.
Action Item: 2.1.2 Continue to engage in planning efforts and partnerships to protect and enhance our water supply.
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
11/7/23: Consideration of Grant of Easement to Stony Point Flats, LP, a California Limited Partnership for Storm Drain Improvements
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:
Budgeted amount of $15,000 is available from FY 2023/2024 appropriations for the Flood Control Zone 1A Fund. The grant of easement is at the request of Property Owner Stony Point Flats, LP, A California Limited Partnership. 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):
N/A
Attachments:
• Resolution
• Easement Agreement with Exhibits A, A-1
• City of Santa Rosa Resolution 28874
• CEQA Checklist Roseland Area/Sebastopol Road Specific Plan Hearn Avenue Site Acquisition
• August 2021 Addenum to the 2016 Roseland Area/Sebastopol Road Specific Plan and Roseland Area Annexation Projects
• City of Santa Rosa 2016 Notice of Determination
Related Items “On File” with the Clerk of the Board:
None.