To: Sonoma County Board of Supervisors
Department or Agency Name(s): Regional Parks
Staff Name and Phone Number: Steve Ehret, 707-565-1107
Vote Requirement: 4/5th
Supervisorial District(s): Fifth
Title:
Title
Bodega Bay and Gleason Beach Property Transfers and Related Grant Funding
End
Recommended Action:
Recommended action
A) Adopt a resolution
i) authorizing the Director of Regional Parks to accept grant funds in the amount of $34,000 from the State Coastal Conservancy to perform due diligence on nine small parcels located along the Sonoma Coast,
ii) authorizing the County to execute a Transfer Agreement with the State Coastal Conservancy in a form approved by County Counsel,
iii) authorizing the County to, subject to the satisfactory outcome of due diligence activities, accept the transfer of fee title to the nine parcels from the State Coastal Conservancy, and execute Certificates of Acceptance,
iv) authorizing the County to execute Offers to Dedicate to the State Coastal Conservancy, in a form approved by County Counsel,
v) authorizing the County to, subject to the satisfactory outcome of due diligence activities, accept the transfer of fee title to the three parcels and one Highway Easement from The Philip and Roberta Ballard Revocable Trust and execute Certificates of Acceptance,
vi) authorizing the Director of Regional Parks or designee to file the Notices of Exemption; and (g) authorizing the Director of Regional Parks to execute all documents that may be necessary to carry out and administer the grant and accept fee title to the parcels.
B) Adopt a budget resolution authorizing a budgetary adjustment to the Fiscal Year 2021-2022 revised budget for the Bodega Bay Trail Smith Brothers Road capital project in the amount of $25,408 and for the Gleason Beach Access capital project in the amount of $8592.
(4/5th Vote Required) (Fifth District)
end
Executive Summary:
Two transactions are being presented in this item; the projects are complementary because some of the lands in question are adjacent to each other and they all support active California Coastal Trail planning efforts. The first transaction is between the State Coastal Conservancy (“Conservancy”) and the County, wherein the County has been asked to accept fee title to several small unbuildable parcels which are currently owned by the Conservancy. One parcel is located adjacent to Highway 1 and Scotty Creek Beach and the other parcels are located along Smith Brothers Road in Bodega Bay. The second transaction is related to Caltrans Gleason Beach Highway 1 Realignment Project (“Highway 1 Realignment Project”) near Gleason Beach, wherein, as part of the larger Highway 1 Realignment Project, the County has been asked by Caltrans to accept fee title to several parcels and one Highway Easement from the current owners, The Philip and Roberta Ballard Revocable Trust.
Discussion:
Conservancy Parcels. Between 1984 and 1989, the State Coastal Conservancy acquired eight parcels along Smith Brothers Road in Bodega Bay (Assessor Parcel Numbers 100-110-012, 100-120-002,100-120-003, 100-120-006, 100-120-008, 100-120-011, 100-120-020, 100-120-021) and one parcel located on Highway 1 adjacent to Scotty Creek Beach (Assessor Parcel Number 101-120-054). The eight Bodega Bay parcels total 2.17 acres and lie between Smith Brothers Road and Bodega Bay Harbor. The parcels generally extend in several feet from the road, and then drop straight down the bluff to either narrow beaches, mudflats or the harbor. The Scotty Creek Beach parcel is 2.9 acres and is located on Highway 1 six miles north of the town of Bodega Bay. It is a vacant parcel with a level sandy beach and small bluff west of Highway 1, bisected by the mouth of Scotty Creek, an impaired, anadromous fish stream.
The Conservancy acquired the properties as part of a site reservation program that began in 1982 for the preservation of views and open space and the prevention of potentially hazardous development. The Conservancy is not equipped to manage land, nor is this one of its primary legislated functions. The Conservancy has asked the County to accept title to these parcels and has identified Regional Parks as the best entity to own and manage the properties because of Parks’ demonstrated capability of planning for, developing, and managing public recreational areas and the associated California Coastal Trail projects that Regional Parks is leading.
Bodega Bay Parcels. The eight small parcels located on Smith Brothers Road in Bodega Bay are identified as Assessor Parcel Numbers 100-110-012, 100-120-002,100-120-003, 100-120-006, 100-120-008, 100-120-011, 100-120-020, 100-120-021 (“Bodega Bay Parcels”). These parcels are part of Regional Parks current planning efforts to connect Birdwalk Coastal Access with Lucas Wharf via additional sections of the multi-use recreational Bodega Bay Trail and California Coastal Trail. Acceptance of title to these parcels for future management by Regional Parks will streamline the planning and construction of the trail and ultimately be more efficient in the future. The acceptance of these parcels will not result in any additional significant costs to Regional Parks, and may reduce administrative costs of future management by eliminating a separate government agency owner from which approvals and agreements would need to be negotiated.
Scotty Creek Beach Parcel. The Scotty Creek Beach parcel is identified as Assessor Parcel Number 101-120-054 and is located on Highway 1, adjacent to the Highway 1 Realignment Project (“Scotty Creek Beach Parcel”). The parcel also borders a County owned parcel that was acquired in February 2020 to support the public access requirements related to the Highway 1 Realignment Project. The combination of these two parcels will increase public access to the coastline. Regional Parks is currently in the planning stage of the Draft Coastal Public Access Plan, that will address the impacts and opportunities resulting from the Highway 1 Realignment Project to public access in the project area.
The Conservancy has prepared Grant Agreement No. 21-028 for the $34,000 grant and a Transfer Agreement for the Bodega Bay Parcels and the Scotty Creek Beach Parcel, which Agreements require the Board of Supervisors to adopt a resolution designating positions whose incumbents are authorized to negotiate and execute the (a) Grant Agreement and any amendments thereto, (b) the Transfer Agreement, (c) Grant Deed, and (d) Offer to Dedicate, as more particularly referred to in the Transfer Agreement.
Gleason Beach Highway 1 Realignment Project. In November 2020, the California Coastal Commission issued a Coastal Development Permit for the Highway 1 Realignment Project to Caltrans. As a condition of the permit, Caltrans is required to mitigate project impacts which includes acquiring property for future public access improvements. The property identified for the mitigation is owned by the Philip and Roberta Ballard Revocable Trust (“the Ballard Trust”). Caltrans is negotiating the purchase of the Ballard Trust property and has asked the County to accept fee title to it. The property consists of portions of Assessor Parcel Number 101-110-005, as more particularly shown on the attached map and plat survey on file. The three small parcels totaling 4.06 acres and one Highway Easement totaling 0.21 acres are located adjacent to and east of Highway 1 between Gleason Beach and Scotty Creek Beach (“Ballard Property”). Caltrans is compensating the owners of the Ballard Property, and in exchange the Ballard Trust will convey the Ballard Property to the County. The Ballard Property will be incorporated into the Draft Access Plan, which has not been developed.
Regional Parks will complete due diligence prior to accepting title to the properties. The Conservancy will provide grant funding in the amount of $34,000 for the cost of Phase I Environmental Assessments and boundary surveys for the Bodega Bay Parcels and the Scotty Creek Beach Parcel. For the Ballard Trust property, the County will use Caltrans funds to pay the costs of a Phase I Environmental Site Assessment, a boundary survey, title insurance and the costs related to the closing of the transaction. As a condition of Caltrans’ Coastal Development Permit, Caltrans has granted the County $200,000 for the preparation of the Draft Access Plan for the area impacted by the Highway 1 Realignment Project. Upon the satisfactory outcomes of due diligence, title to the Bodega Bay Parcels, the Scotty Creek Beach Parcel and the Ballard Property will be transferred to the County and managed by Regional Parks.
The resolution before you will (a) authorize Regional Parks to accept a grant in the amount of $34,000 from the Coastal Conservancy to pay for the costs of Phase I Environmental Assessments and boundary surveys of the Bodega Bay Parcels and the Scotty Creek Beach Parcel, (b) delegate authority to the Regional Parks Director, in consultation with County Counsel, to negotiate and execute the Grant Agreement, Transfer Agreement, Grant Deed and Offer To Dedicate, and, file the Notices of Exemption, (c) upon the satisfactory outcome of due diligence, authorize the County to accept title to the Bodega Bay Parcels and the Scotty Creek Beach Parcel from the Conservancy and the Ballard Property from the Ballard Trust, and execute the Certificates of Acceptance for such properties and Offers to Dedicate to the Coastal Conservancy.
California Environmental Quality Act (CEQA) Regional Parks’ acceptance of title to the properties is categorically exempt from CEQA pursuant to Public Resources Code section 21080.28(a)(1)(F), and 14 California Code of Regulations Section 15316(b) (transfer of ownership of land in order to create parks).
Strategic Plan:
This item directly supports the County’s Five-year Strategic Plan and is aligned with the following pillar, goal, and objective.
Pillar: Climate Action and Resiliency
Goal: Goal 5: Maximize opportunities for mitigation of climate change and adaptation through land conservation work and land use policies
Prior Board Actions:
July 20, 2021, approved the Gleason Beach Coastal Access Plan and Debris Cleanup Cooperative Agreements with Caltrans, including $200,000 for coastal access planning and related costs.
June 8, 2021, received the County of Sonoma Capital Project Plan 2021-2026 including subject Bodega Bay Bike & Pedestrian Trail - Smith Brothers Road and Gleason Beach Access Improvements
February 11, 2020, by Resolution No. 20-0059, Public Access Acquisition at Scotty Creek Beach
April 17, 2018, by Resolution No. 18-0133, Coastal Development Permit for Caltrans Gleason Beach Roadway Realignment Project
Fiscal Summary
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Expenditures |
FY 21-22 Adopted |
FY22-23 Projected |
FY 23-24 Projected |
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Budgeted Expenses |
$8,000 |
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Additional Appropriation Requested |
$34,000 |
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Total Expenditures |
$42,000 |
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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 |
$34,000 |
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Use of Fund Balance |
$8,000 |
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Contingencies |
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Total Sources |
$42,000 |
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Narrative Explanation of Fiscal Impacts:
$34,000 is requested as additional appropriation in FY 21-22 with $25,408 to Bodega Bay Trail Smith Brothers Road and $8,592 to Gleason Beach Access Improvements capital projects and is addressed with this items’ budget resolution. The $8,000 of budgeted expenses is a portion of the $200,000 and was included in Q2 Budget Adjustments.
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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:
Resolution
Budget Resolution
Notice of Exemption: Ballard
Notice of Exemption: Smith
Notice of Exemption: Scotty Creek
Certificate of Acceptance: Ballard
Certificate of Acceptance: Smith
Certificate of Acceptance: Scotty Creek
Map of Proposed Coastal Acquisitions
Map of Gleason Beach-Scotty Creek
Map of Gleason Beach-Smith
Related Items “On File” with the Clerk of the Board:
Ballard Grant Deed
Ballard Right of Way Contract
SCC Grant Agreement
Form of Offer to Dedicate
Form of Transfer Agreement
Form of Grant Deed