CITY OF SEBASTOPOL CITY COUNCIL
AGENDA ITEM REPORT FOR MEETING OF: June 17, 2025
=========================================================================================== To: Honorable Mayor and City Councilmembers
From: Mark Rincon, Public Works Director/City Engineer
Subject: Letter of Intent for the AmeriCorps Trail Extension Project =========================================================================================== RECOMMENDATIONS:
That the Council approve the Letter of Intent and authorize the Acting City Manager to sign the letter to the Sonoma County Agriculture and Open Space District (“District”) for the AmeriCorps Trail Extension Project.
EXECUTIVE SUMMARY:
The Americorps Trail Extension Project CIP #0411-73.00 (“Project”) is a project included in the adopted Fiscal Year 2024-25 Capital Improvement Plan. In 2021, Council approved the Matching Grant Agreement (MGA) with the Sonoma County Agriculture and Open Space District (“District”) for an amount of $126,943.00. A condition of receiving the grant is that the City approve a future Conservation Easement on the City property where the project is located.
The District is requesting that the City execute a Letter of Intent (Attachment 1) that details the framework and acceptance of the Conservation Easement. The Letter of Intent is a non-binding agreement, meaning that does not bind the parties to the terms in the Letter, but is intended to be a guidance for drafting the future Conservation Easement Agreement.
BACKGROUND:
In 2021, Council approved the Matching Grant Agreement (MGA, Attachment 2) with the District for a grant in the amount of $126,943.00 requiring a 50% local matching funds. The project is funded with the grant from the District and the local match coming from Measure M Parks Fund and Park-in-lieu fees Fund. The MGA stipulates that the City approve a Conservation Easement on the City property where the project is located. The City received an extension for the use of the grant to December 10, 2026.
The District is requesting that the City execute a Letter of Intent that details the framework and acceptance of the Conservation Easement. The Letter of Intent is a non-binding agreement and is intended to be a guidance for drafting the future Conservation Easement Agreement. Once developed by the District and reviewed by staff, the draft Conservation Easement Agreement will be presented to Council at a future meeting for review and approval.
DISCUSSION:
The key points in the Letter of Intent:
• Identifies the City-owned parcels which encompass the Project. • Establishes that the purpose for the Project is to improve connectivity within the Laguna de Santa Rosa Preserve.
• Reaffirms the grant awarded to the City, subject to the terms in the MGA. • Acknowledges changes to the Project design due to environmental concerns raised by California Fish and Wildlife.
• Provides for allowed uses and improvements in the Conservation Easement area.
Agenda Item Number 7
Agenda Item Number 7
City Council Meeting Packet for June 17, 2025
Public Works staff has reviewed the Letter of Intent and does not have concerns with the framework and guidance outlined in the Letter.
CITY COUNCIL GOALS/PRIORITIES/AND ORGENERAL PLAN CONSISTENCY:
This agenda item represents the City Council goals/priorities as follows:
• Goal 1 – Community Vitality. Enhance Sebastopol as a great place to live that values community health and well being. Preserve Sebastopol’s unique character.
This agenda item represents the City Council General Plan Consistency:
• Circulation CIR 2 – Maintain and expand a safe and efficient pedestrian, bicycle and transit network that connects neighborhoods with key destinations to encourage travel by non-automative modes while also improving public health.
FISCAL IMPACT:
There is no fiscal impact pertaining to this agenda item.
COMMUNITY OUTREACH:
This item has been noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date.
As of the writing of this staff report, the City has not received any public comment on this item. However, if staff receives public comment from interested parties following the publication and distribution of this staff report, such comments will be provided to the City Council as supplemental materials before or at the meeting. In addition, public comments may be offered during the public comment portion of this item.
RESTATED RECOMMENDATION:
That the City Council accept the Letter of Intent and authorize the Acting City Manager to sign the Letter.
CITY COUNCIL OPTIONS:
1. Do not authorize the City Manager to sign the Letter of Intent and provide further direction to staff.
ATTACHMENTS:
1. Letter of Intent
2. Matching Grant Agreement
APPROVALS:
Department Head Approval: Approval Date: 6/1/25
CEQA Determination (Community Development): Approval Date: 6/1/25 The action is not a project under the California Environmental Quality Act (CEQA).
Administrative Services (Financial) Approval Date: N/A
Costs authorized in City Approved Budget: ☐ Yes ☐ No N/A Account Code (f applicable) ___________________________ City Attorney Approval: Approval Date: 6/1/25
City Manager Approval: Approval Date: 6/6/25
Agenda Item Number 7
Agenda Item Number 7
City Council Meeting Packet for June 17, 2025
May 19, 2025
Mr. Mark Rincon
Director of Public Works / City Engineer
City of Sebastopol
714 Johnson Street
Sebastopol, CA 95472
Re: MGP, AmeriCorps Trail Conservation Easement (No. 0566), Letter of Intent Dear Mark:
Getting back to you after our meeting last year where we discussed minor changes to the trail approach, essentially removing the puncheon bridge, (i.e. boardwalk) and “in-stream” improvements. In addition to the description of the revised project here, please attach and return with signed copy the City’s current plans which will be an exhibit for our mutual reference.
The purpose of this letter is to share Ag + Open Space’s goals in working with you to protect your property in perpetuity and to demonstrate our mutual commitment to the project. Reaching consensus on the key terms of the conservation project will allow us to draft a conservation easement based on those terms.
This letter of intent constitutes Ag + Open Space staff’s understanding of the project and the framework for the Matching Grant Agreement and subsequent conservation documents.
Please read through this letter carefully. The conservation easement and associated documents including a recreation covenant which assures public access in perpetuity will be based on the approach below which reflects the City’s application, project updates, and our discussions.
As a project partner, we welcome your feedback and additional thoughts to ensure that we have a mutual understanding before we draft binding documents. This is a non-binding letter of intent drafted for the purpose of aligning the parties in expectations going forward.
MGP Framework & Application Acceptance
The AmeriCorps Trail Improvement Project crosses parcels including APN: 004-011-043, 004-011-052, 004-011-080, which total approximately 12.4 acres, the property (“Property”). The primary project objective is to improve connectivity within the Laguna de Santa Rosa Preserve by extending and improving the existing AmeriCorps Trail for better access, use and maintenance. All of the parcels are owned by the City of Sebastopol.
Ag + Open Space’s Board of Directors accepted the MGP project submitted by the City of Sebastopol application for up to $126,943 grant, subject to Grantee’s matching funding of $126,943, and subject to Agenda Item Number 7
Agenda Item Number 7
City Council Meeting Packet for June 17, 2025
all the terms of the application and granting process. The City of Sebastopol’s application was accepted by a vote of the Ag + Open Space’s Board of Directors on November 13th, 2018, and confirmed by a letter of acceptance dated from William Keene dated December 17, 2018.
Since the time of the application and acceptance letter we understand that a minor project change has been put forward, which is the elimination of the boardwalk area. The elimination of the elevated boardwalk stemmed from flooding after the application which demonstrated the planned boardwalk would be underwater. CA Fish and Wildlife also determined the least damaging approach for wetlands habitat and wildlife would be a surface trail, thus the boardwalk is eliminated from project plans. Ag + Open Space accepts these findings and change in the project work plan. Other features of the project remain the same. More specifically, plans for the park and preliminary agreement for allowed features described below in Allowed Uses.
Conservation Values
Ag + Open Space’s interest in conservation values are listed below. • Natural Resources. Protecting natural resources on the property, particularly wetlands, native vegetation, endangered species and areas prone to flooding. • Scenic Resources. Protecting the natural and open space areas to preserve the natural look and feel of the Property.
• Urban Open Space. Permanent protection of the public trail and Property to provide hiking and open space access on City property.
• Recreational and Educational Resources. Permanent protection of the public trail for hiking and learning experiences as may be planned by the City and allowed by conservation prescriptions.
Allowed Uses, Structures, and Improvements:
• Wooden arbor/pagodas with signs, at trail entry points • Boardwalk sections to protect areas where trail is seasonally inundated • Additional signs- management, directional, warning, and interpretive • Public benches
• Public art
• Fencing where needed to protect vegetation and restoration projects (according to District protocols)
• Planting native trees and other vegetation
• Removal of invasive species
• Refuse and recycling containers
• Low intensity public recreational uses such as hiking and nature study. • Other similar items consistent with a public park and trail use, which are approved by District in any submitted Management Plan allowed under the Conservation Easement.
Impervious or Improved Surfaces:
Please note that our conservation easement template limits the amount of impervious surfaces allowed within the easement area to 25% of the conserved area.
Conservation Easement Terms & Documents
Ag + Open Space will create a conservation easement consistent with the City of Sebastopol’s MGP grant application as modified in its work plan. The conservation easement terms will include Ag + Open Space’s Agenda Item Number 7
Agenda Item Number 7
City Council Meeting Packet for June 17, 2025
review and approval of trail plans, built structures, improvements and construction drawings, together, the work plan (“Work Plan”) to ensure their consistency with the terms of the conservation easement. It is understood that Ag + Open Space’s conservation easement will apply to the whole Property and will focus on future impacts on natural resources and conservation values.
Public access and public use re preserved through Ag + Open Space’s recreation covenant, supported by an Irrevocable Offer to Dedicate.
Copies of draft templates for the conservation easement and recreation covenant are available on Ag + Open Space’s website under the Matching Grant Program guidelines. Section 5.3 is the section of the conservation easement document where the City of Sebastopol and Ag + Open Space negotiate uses and restrictions applicable to specific projects. Ag + Open Space views other sections of the conservation easement as standards for all MGP projects. With limited exceptions, Ag + Open Space maintains terms outside of Section 5.3 as is.
Non-Binding Agreement
If the proposed terms in this letter of intent are acceptable and you wish to proceed with contract documents, please sign and date this letter and return a copy to Ag + Open Space. (This letter of intent does not create an obligation on either party to grant a conservation easement or bind the parties to these terms in any way. It is meant as directional guidance for drafting future agreements.) This is an exciting project, and we look forward to help the City of Sebastopol realize its vision and application for funding of the AmeriCorps Trail Improvement Project.
Please respond to this letter by as soon as feasible. Once we received a signed Letter of Intent, we’ll reestablish a cadence of meeting and tasks to progress this to closing.
If you have any questions, please don’t hesitate to reach out.
Sincerely,
Pierre Ratte
Acquisition Specialist
c Jennifer Kuszmar, Acquisition Manager
Pamela Swan, Grants Coordinator
Agenda Item Number 7
Agenda Item Number 7
City Council Meeting Packet for June 17, 2025
Acknowledgement
Signature ___________________________ _____________
Name Date
Title
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City Council Meeting Packet for June 17, 2025
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City Council Meeting Packet for June 17, 2025
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City Council Meeting Packet for June 17, 2025
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City Council Meeting Packet for June 17, 2025
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City Council Meeting Packet for June 17, 2025
Agenda Item Number 7
Agenda Item Number 7
City Council Meeting Packet for June 17, 2025