County of Sonoma Agenda Item Summary Report Agenda Item Number: 32 (This Section for use by Cler of the Board Only. Cler of the Board 575 Administration Drive Santa Rosa, CA 95403 To: The Sonoma County Agricultural Preservation & Open Space District Board of Directors Board Agenda Date: January 28, 2014 Vote Requirement: 4/5 Department or Agency Name(s: Sonoma County Agricultural Preservation & Open Space District Staff Name and Phone Number: Stuart W. Martin - (707 565-7362 1 Supervisorial District(s: Title: Fee acquisition of the 21.5-acre Cresta II property and temporary road easement Recommended Actions: Adopt a resolution of the Board of Directors approving the fee acquisition of the 21.5-acre Cresta II property and associated temporary road easement for $320,000; determining that the acquisition is consistent with the County s 2020 General Plan and District s Expenditure Plan; delegating authority to the General Manager to execute a grant deed and other related documents; authorizing the execution of a Certificate of Acceptance; and maing certain determinations pursuant to the California Environmental Quality Act. Executive Summary: Project Summary The acquisition of the 21.5-acre Cresta II property will connect the District s previous Cresta and McCullough acquisitions to form a contiguous 822.46-acre property. The property straddles Mar West Cree for.35 miles, and also straddles small portions of Mill Cree and Porter Cree, as well as the confluences of those crees. The acquisition will protect significant wildlife habitat including Coho and steelhead habitat in Mar West Cree. Finally, the acquisition could provide an access point and staging area off Porter Cree Road for a County Regional Par, pending future Board approval. The District will merge the new acreage with the adjacent Cresta property using a lot line adjustment process. Property Characteristics The property consists of two, non-contiguous parcels. The parcel next to Porter Cree Road is 1.98 acres and is gently sloping grazing land. The southern parcel is 19.52 acres and contains open meadows, a riparian area along both sides of the three crees, and a hillside with a mixed oa/douglas fir woodland. The District will also be granted a five year temporary road easement through the adjacent property, which is also owned by William Cresta, but is not included in the District s purchase. The easement would extend from Porter Cree Road along an existing road, across Porter Cree, and then to the Revision No. 20131002-1
southern parcel. It will provide access for operations and maintenance of the newly acquired property. Connecting Communities and the Land The acquisition of the Cresta II property in fee carries out several policies in the District s acquisition plan. The primary category for this project is the Water, Wildlife, and Natural Areas because it will connect two important protected sections of Mar West Cree, as well as protecting and expanding a significant wildlife habitat corridor, including habitat for endangered Coho Salmon and Steelhead. Under the Recreation and Education category it could provide access to the proposed Mar West Cree Regional Par and Open Space Preserve. 2020 Sonoma County General Plan The Project conforms to the Sonoma County General Plan 2020. Applicable goals and policies in the Land Use Element and the Open Space and Resource Conservation Element include: Policy LU-11f: Encourage conservation of undeveloped land, open space, and agricultural lands, protection of water and soil quality, restoration of ecosystems, and minimization or elimination of the disruption of existing natural ecosystems and flood plains. GOAL OSRC-6: Preserve the unique rural and natural character of Sonoma County for residents, businesses, visitors and future generations. GOAL OSRC-7: Protect and enhance the County's natural habitats and diverse plant and animal communities, including protection of designated Biotic Habitat Areas (OSRC-7.f., special status species (OSRC 7.1 and maintaining connectivity between natural habitat areas (OSRC 7.5. GOAL OSRC- 18: Provide for adequate parlands and trails primarily in locations that are convenient to urban areas to meet the outdoor recreation needs of the population. District Three-Year Wor Plan The project is consistent with the guiding principles in the Board approved District Wor Plan, specifically in protecting highest priority natural resource lands and potential recreational lands. The project is also consistent with the strategies identified in the Wor Plan, as it maintains the focus on leveraging District revenues. Expenditure Plan Consistency The project is consistent with the District s Expenditure Plan, specifically in protecting areas of biotic significance, including woodlands and forests, wildlife habitat corridors, and lands along crees and streams critical to protecting fisheries and water quality. In addition, the project provides for acquisition of lands in fee for outdoor public recreation consistent with the property s open space values. Appraisal Information and Purchase Price The District signed a purchase contract for acquisition of the property for $320,000 in July, 2013. A full narrative appraisal was prepared by Andrew Plaine of Andrew C. Plaine & Associates with a date of valuation of January 5, 2013, which concluded a fee value of $320,000. In addition, the appraiser concluded that the temporary road easement has a value of $3,000. At its March 7, 2013 meeting, the District s Fiscal Oversight Commission determined that the purchase price for the Proposed Acquisition is equal to or less than the opinion of value set forth in the Appraisal and will meet the fair maret value standard. Revision No. 20131002-1
Project Funding The District will contribute $170,000 towards the purchase price for the acquisition. The balance of the purchase price will come from the Regional Pars Foundation, which was given dedicated funding by neighbor John McCullough to help facilitate the acquisition. Potential Future Par Use The District is woring with County Regional Pars for the future transfer of properties including the Cresta II property for the Mar West Regional Par and Open Space Preserve. The Cresta II property is essential for this purpose because it provides a potential future main entrance for the par. The par would consist of the District s adjacent 822.46-acre fee lands, and the addition of the adjacent 275-acre McCullough II property, which is currently under negotiation for purchase. The District will bring the par project bac to the Board when the McCullough II project is ready for approval. If the District is successful at acquiring the McCullough II property, then it will transfer all of the properties at one time to County Regional Pars, and the District will retain a conservation easement and a recreational covenant. In order to utilize the property as a main entrance, Regional Pars would need to construct par entrance and staging area improvements. Escrow and Closing The District is under contract to close in March, 2014. CEQA The acquisition is exempt from the requirements of the California Environmental Quality Act (Public Resources Code Sections 21000 and following pursuant to Section 15313(c of Title 14 of the California Code of Regulations because the purpose of the acquisition is to preserve access to public lands and waters and to preserve the land in its natural condition; alternatively is exempt pursuant to Section 15317 of Title 14 of the California Code of Regulations because the purpose of the acquisition is to maintain the open space character of the area; alternatively is exempt pursuant to Section 15316(a of Title 14 of the California Code of Regulations because the purpose of the acquisition is to establish a par and the management plan has not yet been prepared; alternatively is exempt pursuant to Section 15325(a, (c and (f of Title 14 of the California Code of Regulations because the purpose of the acquisition is to preserve the existing natural conditions, to allow for restoration of natural conditions, and to preserve open space or lands for par purposes, respectively. Prior Board Actions: The Board approved the fee acquisition of the adjacent 340-acre Cresta I property on November, 15, 2007. The Board also approved the fee acquisition of the adjacent 460.96-acre McCullough I property in fee on September 15, 2009. Strategic Plan Alignment Goal 2: Economic and Environmental Stewardship Revision No. 20131002-1
Expenditures Fiscal Summary - FY 13-14 Funding Source(s Budgeted Amount $ 320,000 County General Fund $ Add Appropriations Reqd. $ State/Federal $ $ Fees/Other $ 170,000 $ Use of Fund Balance $ $ Contingencies $ $ Regional Pars Foundation $ 150,000 Total Expenditure $ 320,000 Total Sources $ 320,000 Narrative Explanation of Fiscal Impacts (If Required: The total purchase price is $320,000 with $170,000 coming from District funds and $150,000 from the Regional Pars Foundation. The Regional Pars Foundation Board approved the $150,000 expenditure at its December 13, 2013 meeting. 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. Area map 2. Project map 3. Resolution Related Items On File with the Cler of the Board: 1. Cresta II appraisal 2. NOE Revision No. 20131002-1
Date: January 28, 2014 Item Number: Resolution Number: 4/5 Vote Required RESOLUTION OF THE BOARD OF DIRECTORS OF THE SONOMA COUNTY AGRICULTURAL PRESERVATION AND OPEN SPACE DISTRICT, COUNTY OF SONOMA, STATE OF CALIFORNIA, APPROVING ACQUISITION OF FEE TITLE TO THE 21.5-ACRE CRESTA II PROPERTY AND A TEMPORARY ROAD EASEMENT FOR A PURCHASE PRICE OF $320,000; DETERMINING THAT THE ACQUISITION IS CONSISTENT WITH THE 2020 SONOMA COUNTY GENERAL PLAN; AUTHORIZING AND DIRECTING THE EXECUTION OF CERTIFICATE OF ACCEPTANCE; DIRECTING THE PREPARATION OF ESCROW INSTRUCTIONS; AND DIRECTING THE FILING OF A NOTICE OF EXEMPTION IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Whereas, the General Manager has negotiated and is now recommending the purchase of fee title to the Cresta II Property and a temporary road easement, located at 3000 Porter Cree Road, Santa Rosa (APN 079-090-012 (portion, totaling approximately 21.5-acres ( the acquisition ; and Whereas, the acquisition fulfills policies of the Water, Wildlife and Natural Areas category of the District s acquisition plan, Connecting Communities and the Land, in that the property protects and connects to existing protected fish and wildlife habitat, including crees, riparian corridors, and upland habitat; and Whereas, the acquisition fulfills policies of the Recreation and Education category of the District s acquisition plan, Connecting Communities and the Land, in that the property has the potential to provide access to a large regional par very close to the urban area with a wide diversity of landscapes and recreational opportunities; and Whereas, acquisition of the Property has the potential to further the social and recreational need of the residents of the County and is therefore in the public interest.
Resolution # Date: January 28, 2014 Page 2 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 recitations are true and correct. 2. General Plan Consistency. That the acquisition is consistent with the 2020 Sonoma County General Plan because the property will ensure the preservation of the fish and wildlife habitat and water quality of Mar West Cree, and ensure that the riparian woodlands, upland woodlands, grasslands and associated habitats are protected in perpetuity. Low-intensity public outdoor recreational use of the property is consistent with preservation of the property s open space values and resources. 3. Expenditure Plan Consistency. That the acquisition is consistent with the District's Expenditure Plan, specifically regarding areas of biotic significance, and other recreational open space projects within Sonoma County. 4. Fair Maret Value. That by its Resolution No. 2013-02, dated March 7, 2013, the Board of Directors of the Sonoma County Open Space Fiscal Oversight Commission determined that the acquisition price does not exceed fair maret value of the open space interest being acquired. 5. Certificate of Acceptance. That the President of the Board of Directors is authorized and directed to execute, on behalf of the District, the certificate of acceptance required by Government Code 27281. 6. Escrow Instructions; Necessary Documents. That the District's Counsel is directed to prepare and deliver appropriate escrow instructions and other necessary documents to Fidelity National Title Company to complete the transaction as described. Upon the satisfactory completion of District s standard due diligence tass, the General Manager is authorized to sign all closing documents and to execute any other documents necessary to complete this transaction as described, including, without limitation, maing any technical, non-substantive changes in the closing documents with the prior approval of the District's Counsel. 7. Payment of Purchase Price and Costs of Escrow. That at the request of the General Manager, the County Auditor is directed to draw a warrant or warrants against available funds in the County s Open Space Special Tax Account and the Open Space Authority s fund for the purchase price in an amount not to exceed $320,000 payable to Fidelity National Title Company (Escrow No. 10-490504495- LQH and in such other amounts necessary to close escrow, as approved and requested by the General Manager.
Resolution # Date: January 28, 2014 Page 3 8. California Environmental Quality Act. That the acquisition authorized by this resolution is exempt from the requirements of the California Environmental Quality Act (Public Resources Code Sections 21000 and following pursuant to Section 15313(c of Title 14 of the California Code of Regulations because the purpose of the acquisition is to preserve access to public lands and waters to preserve the land in its natural condition; alternatively is exempt pursuant to Section 15317 of Title 14 of the California Code of Regulations because the purpose of the acquisition is to maintain the open space character of the area; alternatively is exempt pursuant to Section 15316(a of Title 14 of the California Code of Regulations because the purpose of the acquisition is to establish a par and the management plan has not yet been prepared; alternatively is exempt pursuant to Section 15325(a, (c and (f of Title 14 of the California Code of Regulations because the purpose of the acquisition is to preserve the existing natural conditions, to allow for restoration of natural conditions, and to preserve open space or lands for par purposes, respectively. 9. Notice of Exemption. That, immediately upon the adoption of this resolution, the General Manager is directed to post and to maintain the posting of a notice of exemption pursuant to Public Resources Code Section 21152. 10. Validation. The agreement authorized by this resolution is a contract within the definition of Government Code Section 53511 and as such, any action challenging the validity of the contract including the source of funding for the consideration to be paid by this District must be commenced within sixty (60 days of the adoption of this resolution pursuant to Section 863 of the Code of Civil Procedure. Supervisors: Gorin: Zane: McGuire: Carrillo: Rabbitt: Ayes: Noes: Absent: Abstain: So Ordered.
ATTACHMENT 1 Barn es Cre e Sonoma County Supervisorial ee Franz CrDistricts 4th 5th ee l Cr Poo P OR Lang 1st 2nd TE RC R E EK RD r Po ter Cresta II ee Cr Cresta II Mar West Cre 3rd Detail Area Guttman Wright Cree e lc Mil Cresta McCullough I NG S $ CA PR TS ES W Shiloh Ranch Regional Par LIS RK TO MA GA RD ree Shiloh Ranch #4 RD ug mb Hu ee Cr IEB LI RD R e Rincon Cre Mertes SANTA ROSA Open Space and Resource Conservation Element Cresta II Cresta II Property Incorporated City Land LOCATION / GENERAL PLAN MAP 0 0.5 Map Date: 12/3/2013 Sources: Sonoma County GIS Group; Sonoma County General Plan 2020, Open Space and Resource Conservation Element. Note: This map is for illustrative purposes only. It is not intended to be a definitive property description. 1 Miles Hayfor Ranch Shinabarger District Holding Public Land SCENIC RESOURCES Community Separator Scenic Landscape Unit Scenic Corridor OUTDOOR RECREATION $ Planned Future Par BIOTIC RESOURCES! Special Status Species Sensitive Status Species Habitat Marshes and Wetlands * Critical Habitat Area Habitat Connectivity Corridor * Riparian Corridor (Intermittent Riparian Corridor (Perennial * Not on this map C.Kendall S:\GISProjects\Cresta_II\PDFs\Cresta_II_location_general_plan_map_2020.pdf
ATTACHMENT 2 SONOMA 079-020-033 48.9 Ac Cresta r rte Po C R TE R O CR K EE RD BEARG 079-090-011 18.8 Ac P WARD 028-060-044 20.5 Ac CRESTA 079-090-012 67.9 Ac ree SONOMA 028-060-062 78.8 Ac McCullough Cresta SONOMA 079-090-008 291.2 Ac Ma r W e st CRESTA RD Cr ee Mill C ree SONOMA 028-060-063 21.6 Ac WENDLE 028-060-058 USGS, County 47.1 of AcSonoma Cresta II Project Structure 21 Acres in Fee 0 250 500 Feet Stream Road Easement Cresta II Fee Acquisition District Fee Lands Assessor Parcel Map Date: 12/3/2013 USGS, Sonoma Co (aerial; SCWA (streams; County GIS ((parcels, roads This map is for illustrative purposes and is not intended to be a definitive property description. C.Kendall S:\GISProjects\Cresta_II\PDFs\cresta_II_project_structure_map.pdf