To: Board of Directors of the Sonoma County Agricultural Preservation and Open Space District
Department or Agency Name(s): Sonoma County Agricultural Preservation and Open Space District
Staff Name and Phone Number: Misti Arias, 707-565-7360; Pierre Ratte, 707-565-1537
Vote Requirement: Majority
Supervisorial District(s): Fifth District
Title:
Title
Update to AmeriCorps Trail Matching Grant Project Legal Description (Property No. 0567)
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Recommended Action:
Recommended action
Adopt a Resolution of the Board of Directors of the Sonoma County Agricultural Preservation and Open Space District (Ag + Open Space) amending Resolution No. 22-0178, adopted on May 3, 2022, which authorized a matching grant to the City of Sebastopol in the amount of $126,943 for construction of the AmeriCorps Trail. Modification to the prior board authorization is required to make changes to the legal description for the Ag + Open Space conservation easement and recreation covenant that are recorded as conditions of the matching grant.
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Executive Summary:
On May 3, 2022, the Board of Directors of the Sonoma County Agricultural Preservation and Open Space District (Ag + Open Space) approved a matching grant to the City of Sebastopol (City) in the amount of $126,943 for construction of the AmeriCorps Trail. As a condition of the approved grant, the City is required to record a conservation easement and recreation covenant. This has not yet occurred because the City encountered some project delays due to circumstances outside of the City’s control. The project is now complete and the City is seeking to record the conservation easement and the recreation covenant so that it may be reimbursed by Ag + Open Space, as planned.
A baseline review of the property after the construction of the trail project revealed two encroachments along the property boundaries (not affecting the trail). To avoid Ag + Open Space involvement in the hopeful resolution of these minor encroachments, Ag + Open Space staff recommend moving the boundaries of the conservation easement to avoid encumbering the disturbed boundary area. The result of this change is a reduction in the conserved land area by 0.41 acres, changing the project’s conserved area from 10.77-acres to 10.36-acres.
The revised legal description does not affect the City’s eligibility for the grant. All conserving documents (the conservation easement, recreation covenant and irrevocable offer to dedicate) remain the same, except the legal description and maps, which have been changed to eliminate encroachments on Ag + Open Space’s property.
Discussion:
The subject matching grant funding will reimburse the City of Sebastopol for the bridge component of 0.5 miles of improved trail in the Laguna de Santa Rosa Wetlands Preserve, just west of the Laguna, east of Morris Avenue, and north of Highway 12 (Sebastopol Road).
The Board-approved conservation easement and recreation covenant have not been recorded because the City was delayed in delivering the project to accommodate slight changes to the trail design required by the California Department of Fish and Wildlife to avoid potential environmental impacts. The changes required removal of boardwalk construction that would shade Laguna vegetation. The redesigned trail is now built in accordance with California Department of Fish and Wildlife requirements and the project is completed.
After completion of the trail build, Ag + Open Space conducted a baseline inspection wherein the encroachments were discovered. The encroachments, which are not easily or quickly resolved, prompt an adjustment to the conserved acreage by 0.41 acres, changing the project’s conserved area from 10.77-acres to 10.36-acres. The legal description for the land encumbered by the proposed conservation easement and recreation covenant is modified; all other documents remain the same.
Accordingly, staff recommend approval of the attached resolution, which allows a material change to the conserving documents necessitated by these circumstances. Approval of this resolution will allow modified documents to be executed and recorded.
Strategic Plan:
N/A
Racial Equity:
N/A
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
May 3, 2022: Resolution 22-0178
Fiscal Summary
|
Expenditures |
FY 25-26 Adopted |
FY 26-27 Projected |
FY 27-28 Projected |
|
Budgeted Expenses |
$126,943 |
0 |
0 |
|
Additional Appropriation Requested |
|
|
|
|
Total Expenditures |
$126,943 |
0 |
0 |
|
Funding Sources |
|
|
|
|
General Fund/WA GF |
|
|
|
|
State/Federal |
|
0 |
0 |
|
Fees/Other |
$126,943 |
|
|
|
Use of Fund Balance |
|
|
|
|
Contingencies |
|
|
|
|
Total Sources |
$126,943 |
0 |
0 |
Narrative Explanation of Fiscal Impacts:
Ag + Open Space has sufficient funds in the adopted FY 25-26 budget to accommodate these expenses.
Narrative Explanation of Staffing Impacts (If Required):
No staffing impact.
Attachments:
1. Revised Resolution for AmeriCorps Trail Matching Grant Project
2. AmeriCorps Trail Conservation Easement
3. AmeriCorps Trail Recreation Covenant
4. AmeriCorps Trail Irrevocable Offer to Dedicate
Related Items “On File” with the Clerk of the Board:
None