To: Board of Directors, Sonoma County Water Agency
Department or Agency Name(s): Sonoma County Water Agency
Staff Name and Phone Number: Dan Mason 547-1967
Vote Requirement: Majority
Supervisorial District(s): Third
Title:
Title
Summary Vacation of Surplus Easements Burbank Ave Liana Drive Conduit
End
Recommended Action:
Recommended action
Adopt a Resolution:
A) Determining that vacating flood control easements granted to Sonoma County Water Agency in 1982, located in the City of Santa Rosa on Assessor's Parcel Numbers 125-361-005, 125-361-011, and 125-361-013, will not have a significant adverse effect on the environment; and
B) Authorizing the summary vacation of a flood control easement on Assessor's Parcel Numbers 125-361-011, and 125-361-013, which is no longer required for the purposes it was acquired because the storm drain conduit easement has been superseded by relocation, and there are no other public facilities located within the easement; and
C) Authorizing the summary vacation of a flood control easement on Assessor's Parcel Number 125-361-005, which is no longer required for the purposes it was acquired because the storm drain conduit easement has been determined to be excess by Sonoma Water, and there are no other public facilities located within the easement; and
D) Authorizing the General Manager to execute an Asset Transfer Agreement and any other related documents necessary to complete the transaction in a form approved by County Counsel.
(Third District)
end
Executive Summary:
This item will allow for the summary vacation of easement rights associated with Liana Drive Conduit easements that were granted to the Sonoma County Water Agency (Sonoma Water) in 1982, on Assessor's Parcel Numbers 125-361-005, 125-361-011, and 125-361-013, now located in the City of Santa Rosa. The easement on 125-361-011, and 125-361-013, is no longer required for the purposes it was acquired because the portion of the Liana Drive Conduit easement on these two parcels will be superseded by relocation of new storm drain facilities. The summary vacation of easement rights on these two parcels will allow the City of Santa Rosa to approve the Schellinger-Burbank Avenue Subdivision development on the property encumbered by the easement. The easement on 125-361-005, which is adjacent to the new subdivision but not a part of the subdivision, is no longer required for the purposes it was acquired because the storm drain conduit easement has been determined to be excess by Sonoma Water. A remnant portion of the Liana Drive Conduit storm drain will remain on 125-361-005 and will remain in use for only this one private property and will cease being a part of the larger public Liana Drive Conduit flood control system built by Sonoma Water in this area.
Discussion:
The Schellinger Burbank Avenue Subdivision property owners affected by the easement rights associated with the Liana Drive Conduit Project built by Sonoma Water in the Laguna - Mark West Flood Zone 1A, have requested that Sonoma Water vacate all easement rights affecting Assessor's Parcel Numbers 125-361-011, and 125-361-013 now located in the City of Santa Rosa (City). The summary vacation of these easement rights will allow for the development of the subdivision property currently encumbered by the easement. A portion of the Liana Drive Conduit storm drain located on the adjacent property, Assessor's Parcel Number 125-361-005, and not part of the new subdivision development, will remain in use on this property only. With this remnant storm drain only servicing the drainage from this one property, Sonoma Water and the property owners mutually agree it is in the interest of both parties for the property owners to take ownership of the remaining storm drain servicing only their property and for Sonoma Water to vacate the easement encumbering the property.
The approved Schellinger-Burbank Avenue Subdivision will replace a portion of the Liana Drive Conduit with a new underground storm drainage system servicing the subdivision and the adjoining residential subdivisions to the east that were previously serviced by the Liana Drive Conduit and connecting to a new drainage system within the Burbank Avenue right-of-way to the west of the new subdivision. The remaining Liana Drive Conduit storm drain to remain in service on Assessor's Parcel Number 125-361-005 will continue to drain to the storm drain within the Burbank Avenue right-of-way.
The Schellinger Burbank Avenue Subdivision plan received by Sonoma Water was reviewed and found to be in conformance with the Sonoma County Water Agency Flood Management Design Manual with the following comments from the reviewing engineer:
The underground drainage systems in this development will be maintained by the City of Santa Rosa (City) when constructed within easements or rights-of-way accepted by the City. All other underground storm drains will be the responsibility of the property owners. Runoff from this development has been designed with flood detention to limit post-project peak runoff to no more than pre-project peak runoff from the site. The finding of conformance is in regard to the hydraulic capacity and performance of the drainage system within the boundaries of the development. The effect of this development on drainage of adjacent land was considered and no significant adverse drainage condition is expected.
As the existing easement on Assessor's Parcel Numbers 125-361-011, and 125-361-013, will no longer be used for the purpose of flood control for which it was acquired, will be superseded by relocation, and there are no other public facilities located within the easement area, the proposed vacation is allowed under Section 8333(C) of the Streets and Highways Code which authorizes the Board of Directors to summarily vacate a public service easement under such circumstances. Sonoma Water staff has determined that vacating the easement on these two parcels will have no adverse effect on Sonoma Water.
As the existing easement on the property adjacent to the new subdivision on Assessor's Parcel Number 125-361-005 will no longer be used for the larger public purpose of flood control for which it was acquired, and because the storm drain conduit easement has been determined to be excess by Sonoma Water, and there are no other public facilities located within the easement area, the proposed vacation is allowed under Section 8333(C) of the Streets and Highways Code which authorizes the Board of Directors to summarily vacate a public service easement under such circumstances. With both parties agreeing to execute an asset transfer agreement allowing Sonoma Water to transfer the related storm drain improvements to the property owners and summarily vacate the easement on their property, Sonoma Water staff has determined that vacating the easement on this parcel will have no adverse effect on Sonoma Water.
In accordance with Section 65402 of the Government Code, Sonoma Water requested the City’s Planning and Economic Development Department to determine whether the vacation of the easements would comply with Santa Rosa's General Plan. The Planning and Economic Development Department responded that the vacation of the easements is deemed to be in conformance with the City's General Plan.
The property owners developing the new subdivision on Assessor's Parcel Numbers 125-361-011, and 125-361-013, have agreed to reimburse Sonoma Water $12,000 to offset staff time costs related to processing the requested easement vacation and related Board agenda items.
California Environmental Quality Act
The General Manager has determined that the afore stated properties are surplus and that the vacation of easements is exempt from the California Environmental Quality Act pursuant to Section 15312 (Surplus Government Property Sales) because the properties are no longer necessary for use of flood control and the parcels to be sold are not in an area of statewide, regional, or area-wide concern as identified in CEQA Guidelines Section 15206(b)(4). Sonoma Water staff has prepared a Notice of Exemption. The surplus property declaration also has met all the requirements of Government Code, Section 65402 for General Plan consistency.
Sonoma Water staff recommends that the Board adopt the attached Resolution, determining that Sonoma Water no longer requires the easements for the purposes of Sonoma Water and the summary vacation of the easements will not have a significant impact on the environment, authorizing the summary vacation of Sonoma Water’s flood control easements for the Liana Drive Conduit on Assessor's Parcel Numbers 125-361-005, 125-361-011, and 125-361-013, authorizing the General Manager to execute an Asset Transfer Agreement and any other related documents necessary to complete the transaction, in a form approved by County Counsel.
Strategic Plan:
N/A
Sonoma Water Strategic Plan Alignment:
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: 2.1.3 Continue to engage in planning efforts to support reliable wastewater and flood management services.
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
None
Fiscal Summary
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Expenditures |
FY23-24 Adopted |
FY24-25 Projected |
FY25-26 Projected |
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Budgeted Expenses |
$12,000 |
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Additional Appropriation Requested |
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Total Expenditures |
$12,000 |
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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 |
$12,000 |
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Use of Fund Balance |
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General Fund Contingencies |
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Total Sources |
$12,000 |
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Narrative Explanation of Fiscal Impacts:
Budgeted amount of $12,000 is available from FY 2023/2024 appropriations for the Sonoma Water General Fund. The property owner will reimburse Sonoma Water a payment of $12,000 to offset staff time costs related to processing the easement vacation and related Board agenda items. No additional appropriation is required.
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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
Related Items “On File” with the Clerk of the Board:
Asset Transfer Agreement