Legislation Details

File #: 2021-0754   
Type: Consent Calendar Item Status: Agenda Ready
File created: 7/12/2021 In control: Sonoma County Water Agency
On agenda: 8/24/2021 Final action: 12/31/2025
Title: Consideration of Grant of Easement to 3575 Mendocino Avenue Associates, LLC
Department or Agency Name(s): Sonoma County Water Agency
Attachments: 1. Summary Report, 2. Draft Easement Agreement

To: Board of Directors, Sonoma County Water Agency

Department or Agency Name(s): Sonoma County Water Agency

Staff Name and Phone Number: Kevin Booker- 975-4395 and Jennifer Willits- 494-3094

Vote Requirement: 4/5th

Supervisorial District(s): Third

 

Title:

Title

Consideration of Grant of Easement to 3575 Mendocino Avenue Associates, LLC

End

 

Recommended Action:

Recommended action

Consider that the granting of an easement to 3575 Mendocino Avenue Associates, LLC. will not adversely affect Sonoma Water in any respect. (4/5th Vote Required) (Third District)

end

 

Executive Summary:

This item involves consideration by the Board of Directors that the granting of an easement by the Sonoma County Water Agency (Sonoma Water) to 3575 Mendocino Avenue Associates, LLC, a California limited liability company (Property Owner), in order to allow its designee BRJE Housing Partners, L.P., a California limited partnership (Burbank Housing), to construct a storm drain outfall improvements for a housing redevelopment project (Project).  The Project will not adversely affect Sonoma Water in any respect.  The Project is located at 3575 Mendocino Avenue in Santa Rosa, the site of the former Journey’s End mobile home park (APN 173-030-001).  Sonoma Water owns real property (APN 173-030-002) adjacent to the Project site, and operates the Russell Creek Channel (Sonoma Water Property) for flood control maintenance purposes where the proposed storm drain outfall for the Project is planned.

 

Discussion:

The Property Owner 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, which consists of a storm drain collection system and a storm drain outfall, will allow the Property Owner to meet permitting requirements necessary to construct the redevelopment of approximately 13.3-acre infill site. The Project includes 532 high density multi-family housing units consisting of 162 affordable housing units for low and very low-income senior households and up to 370 market rate housing units.

 

Property Owner has requested that Sonoma Water grant a perpetual easement over portions of the Sonoma Water Property for the purpose of accessing, constructing, maintaining, repairing, and replacing the storm drain collection system improvements needed for the Project.  Upon completion of the construction of the storm drain collection system, those improvements will be offered for dedication to the City, and thereafter owned and maintained by the City, following City’s acceptance of the improvements and the easement.  At that point, Property Owner’s rights and obligations under the proposed easement agreement will be transferred to the City, and Property Owner will be released from its obligations pursuant to the easement agreement.

 

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.  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.  In accordance with Section 9 of Sonoma Water’s enabling legislation, this item will be returned to the Board for further consideration and action at the Board’s next scheduled Board Meeting.

 

Prior Board Actions:

None

 

Fiscal Summary

 Expenditures

FY 21-22 Adopted

FY22-23 Projected

FY 23-24 Projected

Budgeted Expenses

 

 

 

Additional Appropriation Requested

 

 

 

Total Expenditures

 

 

 

Funding Sources

 

 

 

General Fund/WA GF

 

 

 

State/Federal

 

 

 

Fees/Other

 

 

 

Use of Fund Balance

 

 

 

Contingencies

 

 

 

Total Sources

 

 

 

 

Narrative Explanation of Fiscal Impacts:

The grant of easement is at the request of Property Owner 3575 Mendocino Avenue Associates, LLC, 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.

 

Staffing Impacts:

 

 

 

Position Title (Payroll Classification)

Monthly Salary Range (A-I Step)

Additions (Number)

Deletions (Number)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Narrative Explanation of Staffing Impacts (If Required):

None

 

Attachments:

Draft Easement Agreement with 3575 Mendocino Avenue Associates, LLC

 

Related Items “On File” with the Clerk of the Board:

None