To: Board of Directors, Sonoma County Water Agency
Department or Agency Name(s): Sonoma County Water Agency
Staff Name and Phone Number: Sharina Arevalos 322-4854
Vote Requirement: 4/5th
Supervisorial District(s): Third
Title:
Title
Consideration of Grant of Easement to Stony Point Flats, LP, A California Limited Partnership for Storm Drain Improvements
End
Recommended Action:
Recommended action
Consider a proposed grant of an easement to Stony Point Flats, California Limited Partnership, and in accordance with Section 9 of Sonoma County Water Agency’s enabling legislation, direct Staff to return this item 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)
end
Executive Summary:
This item involves the granting of an easement by the Sonoma County Water Agency (Sonoma Water) to allow Stony Point Flats, LP, a California Limited Partnership (Stony Point Flats), to construct a storm drain outfall for the Stony Point Flats, a 50-unit 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.
Discussion:
Stony Point Flats 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.
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. Stony Point Flats 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. 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.
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 June 23, 2022, and filed a Notice of Determination on July 11, 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.
County of Sonoma Strategic Plan Alignment
N/A
Sonoma Water Strategic Plan Alignment
Sonoma Water Strategic Plan Alignment Flood Protection, Goal 1: Provide efficient and effective flood protection programs.
This Project will allow Stony Point Flats to construct storm drain outfalls for their Project. The storm drain outfalls are necessary for flood control purposes.
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
None
Fiscal Summary
|
Expenditures |
FY23-24 Adopted |
FY24-25 Projected |
FY25-26 Projected |
|
Budgeted Expenses |
$15,000 |
|
|
|
Additional Appropriation Requested |
|
|
|
|
Total Expenditures |
$15,000 |
|
|
|
Funding Sources |
|
|
|
|
General Fund/WA GF |
|
|
|
|
State/Federal |
|
|
|
|
Fees/Other |
$15,000 |
|
|
|
Use of Fund Balance |
|
|
|
|
Contingencies |
|
|
|
|
Total Sources |
$15,000 |
|
|
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.
|
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:
Attachment 1: Draft Easement Agreement
Attachment 2: City of Santa Rosa Resolution No. 28874 with attached Notice of Determination
Related Items “On File” with the Clerk of the Board:
None