No Fiscal Impact. The County will no longer be responsible for expenses related to ownership of the property.  

The Lower Walnut Creek Restoration and Pacheco Marsh Public Access Project (“Project”), led by the District in conjunction with partner JMLT, has restored and enhanced coastal wetlands and adjacent habitats at the mouth of Walnut Creek, along the south shoreline of Suisun Bay. The Project has improved habitat quality, diversity, and connectivity along four miles of creek channel, approximately 296 acres in total, while providing sustainable flood management and protection. Additionally, a future phase of the Project will provide opportunities for public access and recreation including trails, benches, pedestrian bridges, overlooks, boardwalks, puncheons, bird watching blinds, interpretive elements, parking lots, staging areas and restrooms. Partner JMLT stands ready to implement these public access and recreation amenities within the Project area.  
  
The Project is located in an area east of Martinez, identified as an economically disadvantaged community (EDC). The Project will benefit the community by providing a destination to access the Bay shoreline, the associated trails and other recreational benefits, educational opportunities, and open space. The Project will further benefit the region’s economy by creating employment opportunities during construction and creating long-lasting indirect benefits post-construction (e.g., trail users and bird watchers at Pacheco Marsh).  
  
In 2002, the District, in partnership with John Muir Land Trust (JMLT), acquired the two subject parcels, identified as Assessor Parcel Numbers 159-310-030 and 159-310-031, at a tax default sale. The parcels are adjacent to Lower Walnut Creek and known as Pacheco Marsh. Per an agreement in effect at the time, JMLT provided the grant funding and the District agreed to hold title until a joint restoration project could be completed.  
  
Since the acquisition of the property, the District and JMLT have jointly worked on the Project with the understanding that the District would construct the on-site restoration improvements (which were recently completed), and JMLT would add public access and recreation amenities (scheduled for 2023), and maintain and operate Pacheco Marsh in perpetuity.   
  
On December 9, 2020, the District and JMLT entered into an MOU for the purpose of clarifying both parties’ goals and expectations with respect to the restoration, development and long-term stewardship of Pacheco Marsh. The MOU specifies that the District will transfer fee title of the two parcels to JMLT  
  
The District and JMLT now desire for the District to transfer title of the parcels to JMLT.  
  
In accordance with the attached Notice of Unrecorded Grant Agreement between the State of California and the District, the grant deed includes a power of termination that requires the restoration work to remain in place until 2047. Under the power of termination, if JMLT uses the property for purposes that are inconsistent with the restoration project, the District can take enforcement action. The grant deed also reserves an easement to the District to allow successful completion of the monitoring and adaptive management of the restoration work. This reservation will remain in effect for a period of ten years following the conveyance of Property to JMLT. The monitoring and adaptive management work is more particularly described in the December 9, 2020 MOU.  
  
The Board of Supervisors approved the proposed Project improvements and adopted a Mitigated Negative Declaration and Monitoring Reporting Program for the Project on November 19, 2019 (CP #19-25).  

Not approving the conveyance would result in the District not satisfying a term of the MOU with JMLT and potentially delay and jeopardize funding for the Project.