County of Sonoma Agenda Item Summary Report

Transcription

1 Revision No County of Sonoma Agenda Item Summary Report Agenda Item Number: 4 (This Section for use by Clerk of the Board Only.) Clerk of the Board 575 Administration Drive Santa Rosa, CA To: Board of Directors of the Sonoma County Agricultural Preservation and Open Space District Board of Supervisors of Sonoma County Board Agenda Date: December 4, 2018 Vote Requirement: Unanimous Department or Agency Name(s): Sonoma County Agricultural Preservation and Open Space District, Sonoma County Regional Parks Staff Name and Phone Number: Kathleen Marsh, APOSD, Steve Ehret, Regional Parks, Title: Supervisorial District(s): Wilroth Conservation Easement: Amendment to Conservation Easement Recommended Actions: Board of Directors: Adopt a Resolution making certain findings and (1) authorizing an amendment to the Wilroth Conservation Easement permitting the installation of an early warning fire camera on the property; and (2) authorizing the President of the Board to execute the easement amendment and all other documents to be recorded in connection with the easement amendment; and (3) delegating authority to the District s General Manager to take all necessary steps to effectuate the amendment of the easement. Board of Supervisors: Consent to and authorize the Chair to execute the amendment to the Wilroth Conservation Easement as owner of a portion of the property subject to the Wilroth Conservation Easement that will not be impacted by the amendment. 1 Executive Summary: In May 2018, Sonoma State University, the property owner, submitted a permitted use request to the Sonoma County Agricultural Preservation and Open Space District for permission to install an early warning fire camera on the Wilroth Conservation Easement. An amendment to the Wilroth Conservation Easement is necessary to accommodate this request. The proposed camera is one of eight cameras included in the Lake Sonoma Watershed Fire Camera Pilot Project, which was approved by the Board of Supervisors on August 7, The pilot project is anticipated to be the initial phase of a broader regional network of fire cameras with potential funding through the Federal Emergency Management Agency Hazard Mitigation Grant Program.

2 Revision No Sonoma County Agricultural Preservation and Open Space District staff recommend that the Board of Directors approve the amendment because it will facilitate a greater level of protection for this and other properties in the region from catastrophic wildfire events without increasing the total area of building envelopes on the property. The County also owns an 11.3-acre portion of the property that is subject to the Wilroth Conservation Easement. The County s portion, which is managed by Regional Parks, is not where the proposed fire camera will be located and therefore the County s property will not be impacted by the amendment. The District and Regional Parks staff request that the Board of Supervisors, as a successor in interest under the Wilroth Conservation Easement, consent to the amendment. Discussion: The catastrophic impacts of the October 2017 fires in Sonoma County made clear the need for a comprehensive wildfire early detection system in Sonoma County. A consortium of groups in the County, supported by the AlertWildfire university consortium, subsequently launched a pilot project to install a network of high-definition pan-tilt-zoom cameras for an early fire detection system in the Lake Sonoma watershed. A critical step in this early warning system is the connection between the camera network system and the high-performance, high-bandwidth internet service at SSU. This connection links the cameras from the entire AlertNorthBay network to the internet, thus enabling the data from the sensors to stream to servers that provide real-time imagery and rapid fire-behavior modeling to emergency personnel. The streaming of this real-time data to emergency personnel creates the opportunity for quickly responding to emergencies as they arise. The Wilroth Conservation Easement provides the only location on Sonoma Mountain to install a fire camera that will fulfill the critical step of connecting the fire camera system to the SSU campus. Currently, the Wilroth Conservation Easement does not permit installing any improvements outside of the existing Residential Areas as delineated on the Baseline Site Map; none of the existing Residential Areas is a suitable location for the fire camera. Consequently, Ag + Open Space is requesting Board of Directors approval of an amendment to the Wilroth Conservation Easement that will permit establishing a Fire Camera Building Envelope within which a fire camera can be installed. To offset the new Fire Camera Building Envelope, the existing Residential Areas of the property will be reduced in size such that there is no increase to the total area of the property where improvements are permitted. The Stewardship Manual, approved by the Board on July 19, 2006 and amended on July 12, 2016, includes the District s Easement Amendment Policy. Procedure No. 7 therein requires that the Board of Directors approve easement amendments only after making all of the following findings: a) The amendment is clearly consistent with the conservation purpose of the conservation easement. b) The amendment enhances and otherwise does not impair the conservation values of the land subject to the conservation easement. c) The amendment does not undermine the perpetual nature of the conservation easement. d) The amendment is not precluded by the conservation easement or by state or federal law.

3 Revision No e) The amendment does not reconvey any interest in land that has been expressly extinguished by the conservation easement. f) The amendment is the minimum change necessary to satisfy the purpose of the amendment. g) The amendment is consistent with the District's Acquisition Plan and other applicable District policies in effect at the time of the proposed amendment. h) The amendment is consistent with all applicable land use and zoning regulations. i) The amendment incorporates, to the maximum extent practical and legally permissible, the language used by the District in its then-current conservation easements. j) The amendment increases or has no effect on the appraised value of the conservation easement. The Board of Directors must also ensure that the proposed amendment is allowable under Public Resources Code Section 5540 et seq., which provides authority for the District to acquire and hold conservation easements. The proposed easement amendment is consistent with the above-referenced policy considerations in that, among other reasons, the installation of a fire camera on the Wilroth Conservation Easement will further protect the conservation values of the Wilroth property by providing additional protection of the natural resources on the property from a potentially catastrophic firestorm like that which occurred in October Further, through the amendment, the existing Residential Areas of the property will be reduced by an area equal to the square footage of the new Fire Camera Building Envelope, such that there is no increase to the total area of the property where improvements are permitted. Staff recommends that the Board of Supervisors consent to the amendment as owner of a portion of the property subject to the Wilroth Conservation Easement. County-owned property is not impacted by this amendment. Prior Board Actions: August 7, 2018: Board of Supervisors authorized the installation of the Lake Sonoma Watershed Fire Camera Pilot Project. August 19, 2014: Board of Supervisors accepted the conveyance of an 11.3 acre portion of the Wilroth property from the District to Regional Parks by Resolution No October 12, 2004: Board of Directors accepted donation to the District of an 11.3 acre portion of the Wilroth property by Resolution No April 28, 2004: Strategic Plan Alignment Board of Directors approved acquisition of a Conservation Easement over the Wilroth property by Resolution No Goal 2: Economic and Environmental Stewardship This amendment will support the installation of an early warning fire camera system that will facilitate a greater level of protection for this and other properties in the region from catastrophic wildfire events without increasing total area of building envelopes on the property.

4 Revision No Fiscal Summary Expenditures FY Adopted FY Projected FY 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: None anticipated. Staffing Impacts Position Title (Payroll Classification) Monthly Salary Range (A I Step) Additions (Number) Deletions (Number) Narrative Explanation of Staffing Impacts (If Required): Attachments: 1. Amendment to Wilroth Conservation Easement with landowner signature 2. Original Baseline Site Map from Resolution

5 Revision No Related Items On File with the Clerk of the Board: 1. Conservation Easement Deed and Agreement 2. District s Easement Amendment Policy

6 ATTACHMENT 1 FIRST AMENDMENT TO DEED AND AGREEMENT CONVEYING A CONSERVATION EASEMENT This First Amendment to Deed and Agreement Conveying a Conservation Easement (this Amendment ) is entered into as of November, 2018, by and between the Board of Trustees of the California State University on behalf of Sonoma State University, a successor to the original grantor of the Conservation Easement, as defined below (herein referred to as Owner or Sonoma State ), on the one hand, and the Sonoma County Agricultural Preservation and Open Space District, a public agency formed pursuant to the provisions of Public Resources Code Sections 5500 et seq. (herein referred to as Grantee or District ), on the other hand. Sonoma State and the District are also collectively referred to herein as the Parties. This Amendment is made with reference to the following facts: RECITALS A. On April 28, 2004, Wilroth, a California general partnership ( Grantor ) entered into a Deed and Agreement Conveying a Conservation Easement (the Conservation Easement ) with Grantee in that certain real property identified on Exhibit A to the Conservation Easement (the Property ). B. The Conservation Easement was recorded as Document Number in the Official Records of Sonoma County on April 30, A copy of the Conservation Easement is attached hereto as Exhibit A. C. Subsequent to the execution and recordation of the Conservation Easement, Sonoma State acquired the majority of the Property from Grantor by that certain Partnership Grant Deed, recorded as Document Number in the Official Records of Sonoma County on December 23, 2004, and that certain Grant Deed recorded as Document Number in the Official Records of Sonoma County on December 27, In addition, the County of Sonoma acquired a smaller 11.3 acre portion of the Property by way of a donation from Grantor to District and subsequent Grant Deed from District to the County of Sonoma recorded as Document Number in the Official Records of Sonoma County on September 22, D. On October 8, 2017, several fires started in Sonoma and Napa counties that took over 25 lives, and destroyed over 110,000 acres of land and over 7,000 structures. On October 9, 2017, Governor Edmund G. Brown Jr. issued an emergency declaration for eight counties, that included Napa and Sonoma counties. The Tubbs fire became, at the time, the most destructive fire in California history. On August 7, 2018, the Sonoma County Board of Supervisors approved The Lake Sonoma Watershed Fire Camera Pilot Project ( Project ), an early fire detection system in Sonoma County intended to mitigate the risk of a fire outbreak reaching a catastrophic level. The Project is an initial fire camera network for Sonoma County that will provide the basis for a proposed county-wide system that would be known as AlertNorthBay. 1

7 ATTACHMENT 1 E. The Project involves installation of high-definition pan-tilt-zoom cameras at eight locations around the Lake Sonoma watershed. The Property has been identified as the only suitable location on Sonoma Mountain for one of the fire cameras, as this particular camera provides a critical link between the other cameras of the Project and the internet, via the high-performance, high-bandwidth internet service available on the Sonoma State University campus. F. The Conservation Easement prohibits construction of improvements on the Property, except for certain improvements within the Residential Areas, as specified on Exhibit B, Paragraph 3. None of the Residential Areas is a suitable location for the proposed fire camera. G. Accordingly, by this Amendment, the Parties seek to amend the permitted uses under the Conservation Easement to allow for the installation of a single fire camera at a designated location outside of the Residential Areas, subject to the terms and conditions set forth below, and further seek to reduce the size of the Residential Areas by an area commensurate with the area designated for the fire camera, such that there is no reduction in the portion of the Property that is to be preserved as open in perpetuity. H. This Amendment is consistent with the Conservation Easement and with the District s amendment policies as set forth in the Stewardship Manual approved by the District s Board of Directors on July 19, 2005, and amended on July 12, 2016, in that, among other reasons, it: (i) benefits the District and enhances the conservation purpose of the Conservation Easement by protecting the existing resource values on the property, including extensive mixed open meadow and oak woodland habitats and numerous animal species, from the potentially catastrophic impacts of a firestorm; (ii) is limited in scope so as achieve the benefits of early fire detection without diminishing or impairing the conservation values of the land; and (iii) is otherwise consistent with law and the adopted policies of the District. I. On November 13, 2018, by Resolution No., the Board of Directors of the District made findings that this Amendment is consistent with its amendment policies and approved this Amendment. Contemporaneously, the Board of Supervisors of the County of Sonoma consented to the Amendment as owner of a portion of the Property that is subject to the Conservation Easement but which will not be impacted by the Amendment. J. Except as expressly set forth in this Amendment, no changes are made to the material terms and conditions of the Conservation Easement, including but not limited to the restrictions and reservations set forth therein. K. Capitalized terms in this Amendment shall have the same meaning as set forth in the Conservation Easement. 2

8 ATTACHMENT 1 NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: AMENDMENT 1. Incorporation of Recitals. Each of the Recitals set forth above are hereby incorporated by reference as though set forth in full herein. 2. Amendment to Conservation Easement. a. Fire Camera. Paragraph 3 of Exhibit B of the Conservation Easement is amended by adding a subparagraph f as follows: f. Fire Camera. Sonoma State may place a single fire camera on the Property on a tower structure of a height not greater than 12 feet, together with infrastructure necessary for the function of the fire camera and connectivity within the fire camera system. The fire camera structure shall be located within a building envelope of approximately 400 square feet (the Fire Camera Building Envelope ). The Fire Camera Building Envelope shall be at a location in the northwest portion of the Property, approximately 500 feet east of the western boundary and approximately 1550 feet south of the northern boundary. Notwithstanding the foregoing, Sonoma State shall not install or make improvements to the fire camera, the tower, or any associated infrastructure without obtaining District s prior written approval of the dimensions and components of any such installation. b. Residential Areas. The Conservation Easement defines certain Residential Areas as identified on the Baseline Site Map within which particular uses are permitted and particular restrictions on use apply. The Residential Areas are hereby modified by reducing the square footage of the Residential Areas by an amount equal to the square footage of the Fire Camera Building Envelope, as described in subparagraph (a) above. The Residential Area to be reduced is located in the southeast portion of the Property. The area of the Residential Area to be reduced is approximately 200 feet west of the eastern boundary and approximately 1200 feet north of the southern boundary. 3. Unmodified Provisions. Except as expressly set forth herein, no changes are made to the material terms and conditions of the Conservation Easement and each and every provision of the Conservation Easement not modified shall remain in full force and effect. 4. Interpretation and Construction. To the extent that this Amendment may be uncertain or ambiguous such that it requires interpretation or construction, then it shall be interpreted and construed in such a way that best promotes the conservation purpose of the Conservation Easement. 3

9 ATTACHMENT 1 [Remainder of Page Intentionally Blank Signature Page Follows] 4

10 ATTACHMENT 1 IN WITNESS WHEREOF, Owner and Grantee have executed this First Amendment to Deed and Agreement Conveying a Conservation Easement as set forth below: OWNER: Board of Trustees of the California State University on behalf of Sonoma State University Dated: By: GRANTEE: Sonoma County Agricultural Preservation and Open Space District, a public agency Dated: By: President, Board of Directors By its signature below, the County of Sonoma consents to this First Amendment to Deed and Agreement Conveying a Conservation Easement: County of Sonoma, a political subdivision of the State of California Dated: By: Chair, Board of Supervisors NOTE: Acknowledgements must be attached APPROVED AS TO FORM: Dated: By: Deputy County Counsel 5

11 ATTACHMENT 1 Exhibit A Conservation Easement 6

12 24 23 "6 22 "6 "6 21 Matanzas Creek 20 h k k "6 ATTACHMENT The Ridge 13 nm 10 h Matanzas Creek 9 Kelly Pond "6 h Frog Heaven PG&E Power Lines 43 h " Wilroth Conservation Easement Baseline Site Map F Data Sources: USGS; Air Photo: Sonoma County Features on this map were derived from multiple sources. The property boundary is from Sonoma County; the data has known inaccuracies. The property boundary on this map has been slightly modified from the original data to better align with field-gps'd features. Photo Location and Direction 40 Ft Contours 30 Photo Number Residential Areas k Flagging for new trail Trails/Dirt Roads "6 Gate Streams nm Harding Grass Property Boundary h SOD Research Plots Miles Exhibit 4 GIS/GPS Project May 2004

13 Date: December 4, 2018 Item Number: Resolution Number: 5/5 Vote Required Resolution of the Board of Directors of the Sonoma County Agricultural Preservation and Open Space District, State of California Making Certain Findings and (1) Authorizing an Amendment to the Wilroth Conservation Easement Permitting the Installation of an Early Warning Fire Camera on the Property; and (2) Authorizing the President of the Board to Execute the Easement Amendment and all Other Documents to be Recorded in Connection with the Easement Amendment; and (3) Delegating Authority to the District s General Manager to Take All Necessary Steps to Effectuate the Amendment of the Easement. Whereas, on March 23, 2004, by Resolution No , this Board approved a Deed and Agreement Conveying a Conservation Easement (the Conservation Easement ) with Wilroth, a California general partnership ( Wilroth ) in certain real property located on the northern and western slopes of Sonoma Mountain (the Property ); Whereas, Wilroth subsequently conveyed the majority of its fee interest in the Property to Sonoma State University ( SSU ), and donated the remainder to the District, which then conveyed such portion to the County of Sonoma to be managed by Regional Parks; Whereas, on August 7, 2018, the Sonoma County Board of Supervisors approved The Lake Sonoma Watershed Fire Camera Pilot Project ( Project ), an early fire detection system in Sonoma County intended to mitigate the risk of a fire outbreak reaching a catastrophic level. The Project is an initial fire camera network for Sonoma County that will provide the basis for a proposed countywide system that would be known as AlertNorthBay. The Project involves installation of high-definition pan-tilt-zoom cameras at eight locations around the Lake Sonoma watershed. The Property has been identified as the only suitable location on Sonoma Mountain for one of the fire cameras, as this particular camera provides a critical link between the other cameras of the Project and the internet, via the high-performance, high-bandwidth internet service available on the Sonoma State University campus. In connection with the Project, in May 2018, SSU submitted a permitted use request to the District for permission to install a fire camera on the Property;

14 Resolution # Date: Page 2 Whereas, the Conservation Easement prohibits improvements on the Property except for certain improvements within the designated Residential Areas. There is no suitable location for the proposed fire camera within the designated residential areas; Whereas, the District desires to amend the Conservation Easement to allow for the installation of a single fire camera at a designated location outside of the Residential Areas, and further desires to reduce the size of the Residential Areas by an area equal to the area designated for the fire camera, such that there is no reduction in the portion of the Property that is to be preserved as open in perpetuity (the Easement Amendment ); Whereas, SSU has agreed to the terms of the Easement Amendment and the County of Sonoma has consented to the Easement Amendment as owner of a portion of the Property that is subject to the Conservation Easement but not impacted by the Easement Amendment; Whereas, the Easement Amendment is subject to the District s Easement Amendment Policy, which requires this Board to make certain findings prior to its approval of the proposed amendment. Accordingly, the Board finds as follows: A. The Easement Amendment is clearly consistent with the conservation purpose of the Conservation Easement because it provides additional protection of the natural resources on the Property from a potentially catastrophic firestorm event; B. The Easement Amendment enhances and otherwise does not impair the conservation values of the land subject to the Conservation Easement because it provides additional protection of the natural resources of the property, and does not diminish the scenic values of the property; C. The Easement Amendment does not undermine the perpetual nature of the Conservation Easement because it does not impact the perpetual nature of the Conservation Easement; D. The Easement Amendment is not precluded by the Conservation Easement or by state or federal law; E. The Easement Amendment does not reconvey any interest in land that has been expressly extinguished by the Conservation Easement because the existing Residential Areas on the Property will be reduced by an area equal to the square footage of the area

15 Resolution # Date: Page 3 designated for the fire camera, such that there is no increase to the total area of the Property where improvements are permitted; F. The Easement Amendment is the minimum change necessary to satisfy the purpose of the amendment because the change in use is specific to the construction of a single fire camera in a designated location; G. The Easement Amendment is consistent with the District s Acquisition Plan and other applicable District policies because the Conservation Easement will continue to be consistent with the District s Acquisition Plan and other applicable District policies following the amendment; H. The Easement Amendment is consistent with all applicable land use and zoning regulations because the Easement Amendment has no impact on the Property as it relates to such regulations; I. The Easement Amendment incorporates, to the maximum extent practical and legally permissible, the language used by the District in its current conservation easements; J. The Easement Amendment increases or has no effect on the appraised value of the Conservation Easement because the existing Residential Areas on the Property will be reduced by an area equal to the square footage of the area designated for the fire camera, such that there is no increase to the total area of the Property where improvements are permitted; Whereas, for the foregoing reasons, the Easement Amendment provides protections equal to or greater than those provided by the original Conservation Easement in conformance with the requirements of California Public Resources Code Section Now, Therefore, Be It Resolved, that this Board of Directors hereby finds, determines, declares and orders as follows: 1. Truth of Recitals. That the foregoing recitals are true and correct. 2. Approval of Easement Amendment. That the proposed Easement Amendment is consistent with the District s Easement Amendment Policy, adopted by the Board of Directors on July 19, 2005, and amended on July 12, 2016, and the proposed Easement Amendment is hereby approved. 3. Authority to Execute Easement Amendment. That the President is authorized and directed to execute, on behalf of the District that certain First Amendment to Deed

16 Resolution # Date: Page 4 and Agreement Conveying a Conservation Easement and all other documents to be recorded in connection with the Easement Amendment. 4. Necessary Actions. That the General Manager is authorized to take all necessary steps to effectuate the amendment of the Conservation Easement, including, without limitation, making any technical, non-substantive changes to the Easement Amendment, with the prior approval of the District's Counsel. 5. California Environmental Quality Act. That, by this Board on March 23, 2004, by Resolution No , the project authorized by this resolution was determined exempt from the requirements of the California Environmental Quality Act (Public Resources Code et seq.) under Sections 15378, 15317, and 15325(a) of Title 14 of the California Code of Regulations. The project description has not changed and therefore the Notice of Exemption previously posted by the General Manager fully covers this action. Directors: Supervisors: Gorin: Rabbitt: Zane: Hopkins: Gore: Ayes: Noes: Absent: Abstain: So Ordered.