Consent-Community Services # 10.
Board of Supervisors
Natural Resources
- Meeting Date:
- 05/09/2023
- Brief Title
- Approve MOU with City of Davis
From:
Leslie Lindbo, Interim Director, Department of Community Services
Staff Contact:
Elisa Sabatini, Manager of Natural Resources, Department of Community Services, x5773
Supervisorial District Impact:
District 4
Subject
Approve Memorandum of Understanding (MOU) with the City of Davis relating to North Fork Putah Creek to abate wildfire risk and potential threats to public safety and coordinate transfer of parcels to the City for future maintenance; and adopt budget resolution increasing Natural Resources (Water Resources) budget by $40,000, for a new total of $695,999. (General fund impact $40,000) (4/5 vote required) (Lindbo/Riddiough/Sabatini)
Recommended Action
- Approve MOU with the City of Davis relating to North Fork Putah Creek (Att. A) to abate wildfire risk and potential threats to public safety and coordinate transfer of parcels to the City for future maintenance; and
- Adopt budget resolution (Att. B) increasing the Natural Resources budget by $40,000, for a new total of $695,999.
Strategic Plan Goal(s)
 |
Safe Communities Fire Protection |
Reason for Recommended Action/Background
Relevant Background
The North Fork of Putah Creek (also referred to as “Old Putah Creek”) runs along a greenbelt that traverses through the City of Davis, as well as the Willowbank County Service Area. This channel requires regular maintenance to reduce fuel load along its banks, which back into many backyards. The area of City/County discussions is the portion of this channel that lies between Drummond Avenue and Mace Boulevard. A map is provided as Attachment C to this staff report. The County owns the following parcels in the subject area and desires to dedicate the parcels to the City of Davis. The City maintains the channel of North Fork Putah Creek for the conveyance of stormwater. The City has also constructed a bike path along the north bank and a pedestrian bridge across the channel that connects the City's San Marino Park on the north side of the channel with Rosario Street on the south side of the channel. A map showing the current ownership of the parcels in question is provided as Attachment D. This map is a result of the County's 2019 legal survey of the area.
The North Fork of Putah Creek (also referred to as “Old Putah Creek”) runs along a greenbelt that traverses through the City of Davis, as well as the Willowbank County Service Area. This channel requires regular maintenance to reduce fuel load along its banks, which back into many backyards. The area of City/County discussions is the portion of this channel that lies between Drummond Avenue and Mace Boulevard. A map is provided as Attachment C to this staff report. The County owns the following parcels in the subject area and desires to dedicate the parcels to the City of Davis. The City maintains the channel of North Fork Putah Creek for the conveyance of stormwater. The City has also constructed a bike path along the north bank and a pedestrian bridge across the channel that connects the City's San Marino Park on the north side of the channel with Rosario Street on the south side of the channel. A map showing the current ownership of the parcels in question is provided as Attachment D. This map is a result of the County's 2019 legal survey of the area.
| APN | Acres |
| 069-230-007 | 2.45 |
| 069-100-001 | 3.13 |
| 069-100-005 | 0.76 |
| 069-100-009 | 0.75 |
| 069-100-010 | 1.89 |
| Total | 8.98 acres |
In 2008, vegetation removal commenced but was stopped due to negative feedback from residents regarding impacts to native plants, wildlife and the scenic aspect provided to residents. As a result, maintenance was deferred in the area until the City reached out a few years ago.
In November 2017, the City and Davis Fire Marshal approached the County and requested immediate tree and vegetation maintenance in and along the channel to abate the risk of fire. The County’s contractors undertook the maintenance work in January 2018 at an initial cost of $51,000 of general fund revenue. Since that time, the County has responded to maintenance requests to abate wildfire risk and potential threats to public safety. Most recently, the County collaborated with the California Conservation Corps ("CCC") in a comprehensive effort to return the channel to "baseline condition." The scope of work was mutually agreed upon by the City's Fire Marshal, the City's Wildlife Resource Specialist, and the County's Manager of Natural Resources. A Notice of Exemption for this project was approved on August 30, 2022 by the Board of Supervisors and filed with the County Clerk Recorder. CCC crews commenced work the week of September 12, 2022, and continued for several weeks. The total value of the work performed by CCC is estimated at $151,000. CCC crews returned to the project area as recently as April 17, 2023 to remove downed and damaged trees that resulted from extreme winter storm events.
In November 2017, the City and Davis Fire Marshal approached the County and requested immediate tree and vegetation maintenance in and along the channel to abate the risk of fire. The County’s contractors undertook the maintenance work in January 2018 at an initial cost of $51,000 of general fund revenue. Since that time, the County has responded to maintenance requests to abate wildfire risk and potential threats to public safety. Most recently, the County collaborated with the California Conservation Corps ("CCC") in a comprehensive effort to return the channel to "baseline condition." The scope of work was mutually agreed upon by the City's Fire Marshal, the City's Wildlife Resource Specialist, and the County's Manager of Natural Resources. A Notice of Exemption for this project was approved on August 30, 2022 by the Board of Supervisors and filed with the County Clerk Recorder. CCC crews commenced work the week of September 12, 2022, and continued for several weeks. The total value of the work performed by CCC is estimated at $151,000. CCC crews returned to the project area as recently as April 17, 2023 to remove downed and damaged trees that resulted from extreme winter storm events.
The County and City agreed in February 2018 that some sort of property transfer, or long-term maintenance agreement, was needed to ensure maintenance for public safety (fire, injury from dead trees, etc.). A process was agreed to by the City and County, as set forth in the attached MOU, which included:
- Formal legal survey of the parcels to determine public/private ownership (Complete)
- Record of Survey filed with County Recorder (Complete)
- City to review survey and perform field inspections to provide County documentation of any appurtenances (fencing, drainage pipes, etc.) that may be of concern to the City (Complete)
- County/City would work together to remediate/remove concerns (Nearly complete)
- County to quit claim parcels to City (Upcoming, per terms of MOA, attached)
Approval of the MOU (Att. A) will commit the County to undertaking certain tasks to facilitate the transfer of the parcels to the City of Davis. These include:
- Complete lot line adjustments or similar mechanisms of the County Channel Parcels to remove encroachments by private adjacent property owners from the County Channel Parcels (e.g., decks, patios, treehouses, etc.) so that the lot lines allow the private properties to encompass the respective encroachments. The County will exercise all reasonable efforts to complete the lot line adjustments by December 31, 2023.
- Execute all agreements necessary to vest fee simple interest in the County Channel Parcels to the City, and provide evidence of clear title to the parcels to be accepted by the City.
- Cooperate and work with the City to address weed abatement or fire hazard concerns on private properties located within the County that abut the Channel. The County will work cooperatively with the City to educate and inform adjacent residents, including residents in the Willowbank County Services Area, and recreational users of the North Fork Putah Creek corridor on fuel risk reduction activities.
- Work with the City on a methodology for calculating any potential future stormwater fees, charges, or assessments on properties located in the unincorporated areas of the County that utilize the South Davis Drainage Area, including the North Fork Putah Creek Channel, for storm drainage runoff and the South Davis Drain pump station.
- Pay an annual amount to City, up to $25,000, to reimburse the City for half of its channel maintenance costs related to fire abatement, until June 30, 2028 or until the City begins collecting drainage fees from the relevant unincorporated County parcels from the South Davis Drainage Area, whichever occurs first.
Approval of this MOU, and implementation of the steps described therein, will resolve decades of property line and maintenance disputes between the City of Davis and County. Since 2018, the County has spent approximately $150,000 in general fund on wildfire risk reduction and public safety tree maintenance, approximately $20,000 in staff time coordinating maintenance work, responding to complaints, and developing the attached MOU. In addition, County staff collaborated with the California Conservation Corps ("CCC") to perform wildfire risk reduction and public safety maintenance activities, thus saving the County approximately $151,000 this fiscal year.
As noted in the Fiscal Impact section of this staff report, there are several expenditures associated with this recommended approval. The attached Budget Resolution authorizes an additional $40,000 in general fund expenditures. These include $15,000 for the plats and legals for the necessary lot line adjustments and quit claim deeds to facilitate the transfer of the parcels to the City, $15,000 for complex, large-scale tree removals that the CCC was unable to undertake this year, and $10,000 for fees to process the lot line adjustments and legally transfer the parcels to the City.
Staff recommends that the Board approve the MOU (Att. A) and accompanying budget resolution (Att. B), and direct staff to implement the steps described in the MOU and listed above, within 30-days of the City's execution of the MOU. The City is expected to consider approval of the MOU at its May 16, 2023 City Council meeting.
As noted in the Fiscal Impact section of this staff report, there are several expenditures associated with this recommended approval. The attached Budget Resolution authorizes an additional $40,000 in general fund expenditures. These include $15,000 for the plats and legals for the necessary lot line adjustments and quit claim deeds to facilitate the transfer of the parcels to the City, $15,000 for complex, large-scale tree removals that the CCC was unable to undertake this year, and $10,000 for fees to process the lot line adjustments and legally transfer the parcels to the City.
Staff recommends that the Board approve the MOU (Att. A) and accompanying budget resolution (Att. B), and direct staff to implement the steps described in the MOU and listed above, within 30-days of the City's execution of the MOU. The City is expected to consider approval of the MOU at its May 16, 2023 City Council meeting.
Collaborations (including Board advisory groups and external partner agencies)
Staff have collaborated with the California Conservation Corps, the California Department of Fish and Game, the Public Works Division, the Office of County Counsel, the Office of the County Administrator, City of Davis staff, Davis Fire Department staff, the East Davis Fire Protection District, the Willowbank County Service Area, and Supervisorial District 4.
Competitive Bid Process/Vendor Performance
Not applicable - staff will use existing contracts with on-call surveyor and arborist.
Fiscal Impact
Fiscal impact (see budgetary detail below)
Fiscal Impact (Expenditure)
- Total cost of recommended action:
- $ 40,000
- Amount budgeted for expenditure:
- $ 0
- Additional expenditure authority needed:
- $ 40,000
- One-time commitment:
- Yes
Source of Funds for this Expenditure
- Public Safety Contingency
- $40,000
Further explanation as needed:
The funds will be used as follows:
$15,000 - Contract surveyor to provide plats and legals for required lot line adjustments and quit claim deeds to transfer parcels to City of Davis
$15,000 - Complex, large-scale tree removals that CCC could not undertake
$10,000 - Fees to process lot line adjustments and recordation fees for transfer of properties
$15,000 - Contract surveyor to provide plats and legals for required lot line adjustments and quit claim deeds to transfer parcels to City of Davis
$15,000 - Complex, large-scale tree removals that CCC could not undertake
$10,000 - Fees to process lot line adjustments and recordation fees for transfer of properties
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Kimberly Hood | Kimberly Hood | 05/03/2023 07:11 PM |
| Financial Services | KauXue Thao | 05/04/2023 01:24 PM |
| County Counsel | Phil Pogledich | 05/04/2023 03:19 PM |
- Form Started By:
- esabatini
- Started On:
- 01/26/2023 03:53 PM
- Final Approval Date:
- 05/04/2023