Sonoma
County DATE: August 14, 1997 (Meeting August 21st) TO: Open Space Advisory Committee Members FROM: David Wm. Hansen, General Manager SUBJECT: Discussion of Trails - District Program Introduction In recent months, there has been considerable discussion and input pertaining to public access in Sonoma County. Much of this has occurred through the Outdoor Recreation Plan process, a collaborative effort among the County's Regional Parks Department, Water Agency, and Agricultural Preservation and Open Space District. This process has provided a forum for public participation from diverse interest groups, citizens, and landowners on a range of topics associated with recreation in Sonoma County. More specifically, there has been a focus on trails and their relationship to the District's program. This has included interest for the District to actively pursue public access opportunities, as well as expressed concerns about the District's involvement in trail acquisition. There are several issues to be considered with respect to trails and the District, some of which required the opinion of District Counsel, Jim Botz. Counsel's response is included in letters to the District dated May 19 and July 31, 1997 (attached). At its regular meeting on June 19, 1997, the Open Space Advisory Committee voted to agendize trails for discussion at its August meeting. Background Since its inception, the District has been involved with several acquisitions which have the potential for recreation, including the opportunity for public trails. These can be summarized as follows:
Additionally, several irrevocable offers to dedicate a trail easement have been donated by landowners to the County at the time that they were selling conservation easements to the District. Further discussion of these offers is provided later in this report. The attached chart lists Distnct acquisitions to date, including properties with recreational components. Following adoption of the Acquisition Plan in 1992, the District developed guidelines to be used on a case-by-case basis in the review of projects which may have a recreational component. However, the District has never developed a policy for consideration of public access with respect to its acquisition program. Measure C, approved by the voters in 1990, states:
The contract between the Authority and the District requires the District to adopt an acquisition program, consistent with the Expenditure Plan. The Acquisition Plan (1992, revised 1994) defines open space to include "outdoor recreation" and restates the Expenditure Plan's authority for recreation purchases. Discussion Relationship of the Sonoma County General Plan and Outdoor Recreation Plan The 1989 Sonoma County General Plan establishes policies for parks and trails in the Open Space and Public Facilities elements (Sections 4.1 and 3.5, respectively). More specifically, Figure OS-4a, the Schematic Map of Designated Outdoor Recreation Areas, delineates the location of certain existing trails and proposed trails for planning purposes. The general plan calls for establishment of a countywide park and trail system which meets future recreational needs of the county's residents while protecting agricultural uses (Goal OS-7 and Objective OS-7.1). Development of the general plan involved extensive public input, including appointed advisory committees and community workshops, followed by numerous hearings before the Planning Commission and Board of Supervisors. The proposed Outdoor Recreation Plan is a Countywide Plan for the future acquisition, development and management of outdoor recreation facilities in Sonoma County. Public participation is a key element in this process, which to date, has been accomplished through countywide workshops and an appointed citizens' advisory committee. A component of the Plan involves regional trails and will include a map identifying general locations for potential trail corridors and associated policies for implementation. The Outdoor Recreation Plan process is expected to require amendments to the 1989 Sonoma County General Plan. These amendments would be necessary particularly where the Plan proposed policies which differ from the existing general plan, as well as proposed trails which vary from those currently shown on Figure OS-4a in the General Plan Open Space Element. Irrevocable Trail Offers Under the provisions of Government Code §7050, a person can make and record an irrevocable offer of an interest in real property "for any public purpose" with the prior consent of the city or county in which the property is located. Since the District's inception, several irrevocable offers to dedicate a trail easement have been donated by landowners. These voluntary offers, which generally pertain to properties over which the District holds conservation easements, were not connected to the respective easement acquisitions. As the Code does not allow irrevocable offers to be made to the District, the above-referenced offers have been made to the County of Sonoma. However, they have not yet been formally accepted by the County. Expenditure Plan Following its formation by the Board of Supervisors and in order to place a sales tax measure on the November 1990 ballot, the Authority's Board of Directors adopted an expenditure plan for the spending of the tax revenue. As stated above, the Expenditure Plan establishes a purpose of "preserving agricultural land and open space", but further provides for the purchase of fee interests for public recreation where the public use would not be inconsistent with the open space designations described in such Plan. As to whether the District may acquire (i.e. purchase) a trail, either by an easement or fee interest, Counsel defers to the Authority to interpret its Expenditure Plan. In the event that the Authority determines that the purchase of a trail were provided for in the Expenditure Plan, such a purchase would have to be for a trail designated in the Sonoma County General Plan. A more detailed discussion is contained in Mr. Botz' letter of May 19, 1997, p. 2, question #3 (attached). Counsel states that the donation of an irrevocable trail offer which could potentially result in public access on land subject to a conservation easement in and of itself does not require an Expenditure Plan consistency finding. However, if such an offer were made prior to or contemporaneously with the purchase by the District of a conservation easement or a fee interest, the potential public use of the trail might be relevant to the Expenditure Plan consistency determination necessary for the acquisition (refer to attached Botz' letter of May 19, 1997, p. 2, question #2). Sonoma County General Plan Prior to acquisition of conservation easements or fee interests in lands, the Open Space Authority is required to make a finding of conformity with the Sonoma County General Plan (Govt. Code § 65402). The irrevocable trail offers which have been made currently do not correspond to lands which are identified in the general plan for potential trails. Counsel states that an irrevocable trail offer does not require a general plan consistency determination as the consent is not the acquisition of real property. However, Counsel points out that this may not be the case if the District "were affirmatively pursuing a plan for trail acquisition by combining the solicitation of irrevocable offers for the County, or one or more of the County's cities, with the purchase of conservation easements. Under those circumstances, a successful solicitation might arguably be an acquisition under § 65402 because of the expenditure of public funds and the probability that the offers would be accepted in the foreseeable future." Where the plan followed by the District differed from the Sonoma County General Plan, a general plan amendment might be necessary. Califomia Environmental Quality Act (CEQA) In general, the District's acquisitions of conservation easements and fee interests are determined to be exempt from CEQA. Regarding irrevocable trail offers, staff requested an opinion from Counsel as to whether the consenting to an irrevocable trail offer constitutes a project requiring compliance with CEQA. According to Counsel, the consent under Government Code does not constitute the approval of a project and therefore does not require compliance under CEQA. However, this conclusion is premised upon the assumption that the irrevocable offer is voluntarily made by the landowner and is not in any way connected to, or made a condition of, the project. Prior to acceptance of an irrevocable offer of dedication, an appropriate environmental document would have to be prepared pursuant to CEQA. Development and Maintenance Program 5 in the general plan Open Space Element calls for the Regional Parks Department to "continue to include in its five-year capital improvement program any proposed county acquisition or development of lands for trails." As mentioned above, the District has been involved in several transactions which have the potential for public recreation. However, implementation of the District program has always focused on acquisition, and therefore, the responsibility for development and maintenance of recreational uses is typically delegated to the Regional Parks Department or some other appropriate entity. A particular goal of the Outdoor Recreation Plan is to identify funding options for acquisition, development, operation and maintenance of outdoor recreation facilities in the county. Staff proposes that the Advisory Committee take public comment and discuss these issues at the August 21 meeting. The Committee may then choose to make a recommendation to the Open Space Authority, either at its August 21 or September meeting, on the following:
In the event that the Committee recommends "yes" to either one or both of the above, the Open Space Authority will have to determine that such recommendation is consistent with its Expenditure Plan. Subsequent to the Authority's action, the recommendation may be forwarded to the District's Board of Directors for approval. Attachments James P. Botz'
letter to District, dated May 19, 1997 A packet of letters and other correspondence received by the District on this matter is on file in the District office and will be available at the August 21 meeting. |
