HomeMy WebLinkAboutCC Resolution 8476 (Open Space)AA
RESOLUTION NO. 8476
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING EXECUTION OF JOINT POWERS AGREEMENT
TRANSFERRING OPEN SPACE PROPERTIES FROM CITY AND COUNTY
TO THE MARIN COUNTY OPEN SPACE DISTRICT
THE COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf
of the City of San Rafael, an agreement with the City of San Rafael, the
County of Marin and the Marin County Open Space District transferring
open space properties from the City and County to the District, a copy of
which is hereby attached and by this reference made a part hereof.
I, JEANNE. M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly introduced and
adopted at a regular meeting of the Council of said City on Monday, the 5th
day of August, 1991, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Brei ner, Shippey, Thayer & Mayor Mul ryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
J M. LEONCINI, City Clerk
081GINAL �
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AGREEMENT BETWEEN THE CITY OF SAN RAFAEL, COUNTY OF
MARIN (CSA #23), AND THE MARIN COUNTY OPEN SPACE
DISTRICT TRANSFERRING OPEN SPACE PROPERTIES FROM THE
CITY AND CSA TO THE DISTRICT
THIS AGREEMENT is made this day of , 1991, by
and between the CITY OF SAN RAFAEL, hereinafter referred to as
"CITY", the COUNTY OF MARIN, by and through County Service Area No.
23, hereinafter referred to as "COUNTY", and the MARIN COUNTY OPEN
SPACE DISTRICT, hereinafter referred to as "DISTRICT".
-n--on:sy:
WHEREAS, the CITY OF SAN RAFAEL, a municipal corporation, the
COUNTY, a political subdivision of the State of California, and the
MARIN COUNTY OPEN SPACE DISTRICT, a public district, wish to
enter into an AGREEMENT regarding the disposition of certain
property jointly or individually acquired as public open space; and
WHEREAS, these open space parcels are either of countywide open
space significance or are adjacent to lands of countywide open space
significance now managed by the DISTRICT; and
WHEREAS, the CITY wishes to transfer their interest in these open
space parcels to the DISTRICT in order to provide for improved
management and maintenance of said parcels; and
WHEREAS, the COUNTY wishes the DISTRICT to take title to the
COUNTY'S interest in the property and to formalize existing
responsibility for the management of the properties as indicated
herein; and
WHEREAS, the DISTRICT has the expertise and ability to manage and
maintain open space and is willing to accept such responsibility in
keeping with the DISTRICT'S current and future LAND MANAGEMENT
POLICIES, policies and practices as indicated in the .approved LAND
MANAGEMENT PLAN for the Terra Linda, Sleepy Hollow, and San
Rafael Ridge Open Space Preserve, and recommendations of the joint
CITY/DISTRICT OPEN SPACE MANAGEMENT ADVISORY COMMl l i tiro and
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WHEREAS, the CITY, COUNTY, and DISTRICT have current agreements
affecting the joint acquisition and management of open space
properties which will be superceded by this AGREEMENT;
NOW, THEREFORE, it is mutually understood and agreed as follows:
A. PROPERTIES
The proposed properties to be transferred from CITY and COUNTY to
DISTRICT, in whole or in part, are as shown on Exhibit A j
1. CITY agrees to grant/quitclaim title for above properties to
DISTRICT within 4 months from date of this AGREEMENT.
2. CITY agrees to pay DISTRICT half the cost of necessary
capital improvements for the properties as indicated on Exhibit B.
Payment shall be made in payments of $30,583.33 per year due and
payable each September 1st of years 92-94 for a maximum payment
of $91,750.
3. CITY agrees that upon approval of this AGREEMENT by the
CITY and DISTRICT, management of said properties shall be the
responsibility of the DISTRICT, as indicated in LAND MANAGEMENT
herein, except as indicated in B2 and B4 herein and except for the
mowing of the property perimeters, per the CITY'S usual program,
for the 91 summer season/transition period.
4. CITY agrees that police and fire services for those areas of
the properties within CITY limits shall remain the responsibility of
the CITY. This responsibility shall not preclude assistance from
DISTRICT staff as requested and appropriate as part of staffs
assigned responsibilities.
5. CITY agrees that upon approval of this AGREEMENT by the
CITY and DISTRICT, the CITY shall have no further financial
responsibility for the management of the property, except as
indicated in B2 and B4 herein and the mowing of the property
perimeters, per the CITY'S usual program, for the 91 summer
season/transition period.
6. CITY agrees that said lands. except for minor adjustments
as needed and as permitted by DISTRICT policy and the State Pubic
Resources Code, will be dedicated by the DISTRICT as permanent
public open space subject to State Public Resources Code Article 3,
Section 5540.
C. (CSA #23) COUNTY
1. COUNTY recognizes that for many years COUNTY
responsibility for land management services for said properties has
been provided by the DISTRICT.
2. COUNTY agrees to grant/quitclaim title for above properties
to DISTRICT within 4 months from date of this AGREEMENT.
3. COUNTY agrees that with the approval of this AGREEMENT by
CITY, DISTRICT, and COUNTY, management of said properties shall be
the responsibility of the DISTRICT, as indicated in LAND
MANAGEMENT below, except as indicated in C4 herein and except for
the mowing of the property perimeters, per the CITY'S usual
program, for the 91 summer season/transition period.
4. COUNTY agrees that police and fire services for those areas
of the properties within CITY limits shall remain with the CITY. This
responsibility shall not preclude assistance from DISTRICT staff as
requested and appropriate as part of staffs asssigned
responsibilities.
5. COUNTY further agrees that police and fire services for
those areas of the properties within COUNTY jurisdiction shall be
the responsibility of the COUNTY. This responsibility shall not
preclude assistance from DISTRICT staff as resquested an
appropriate as part of staffs assigned responsibilities.
6. COUNTY agrees that
adjustments as needed and as
State Public Resources Code,
permanent public open space
Article 3, Section 5540.
D. DISTRICT
said lands, except for minor
permitted by DISTRICT policy and the
will be dedicated by the DISTRICT as
subject to State Public Resources Code
1. DISTRICT agrees to accept full title for above properties to
within 6 months from date of this AGREEMENT.
3
2. DISTRICT agrees to pay half the cost for necessary capital
improvements costs for the properties, and to accept payment from
the CITY for half the costs as indicated on Exhibit B and pursuant to
Section B-2 of this AGREEMENT.
3. DISTRICT agrees that upon approval of this AGREEMENT by
CITY and DISTRICT, management of said properties shall be the
responsibility of the DISTRICT, as indicated in LAND MANAGEMENT
below, except as indicated in D4 herein and except for the mowing of
the property perimeters, per the CITY'S usual program, for the 91
summer season/transition period.
4. DISTRICT agrees that police and fire services for those
areas of the properties within CITY limits shall remain the
responsibility of the CITY. This responsibility shall not preclude
assistance from DISTRICT staff as requested and appropriate as part
of staff s assigned responsibilities. Enforcement assistance will be
provided through the DISTRICT'S contract for County Sheriff
services or as may be arranged in the future. DISTRICT Rangers will
further assist by regular patrol of the properties for public
education and deterence purposes.
5. DISTRICT agrees that upon approval of this AGREEMENT by
the CITY and DISTRICT, the CITY shall have no further financial
responsibility for the management of the property, except as
indicated in C2 and C4 herein and except for the mowing of the
property perimeters, per the CITY'S usual program, for the 91
summer season/transition period.
6. DISTRICT agrees to be responsible for deed preparation and
to pay all costs for deed preparation, title insurance if requested by
the DISTRICT, and recording fees, if any, incurred in carrying out
this AGREEMENT.
E LAND MANAGEMENT
Land management practices and policies for said properties shall be
in accordance with:
1. The DISTRICT'S LAND MANAGEMENT POLICIES attached hereto
as Exhibit C, or as may be subsequently amended.
2. The LAND MANAGEMENT PLAN for the Terra Linda. Sleepy 4
Hollow and San Rafael Ridge Open Space Preserve as approved by the
CITY COUNCIL on 8/5/91 and the DISTRICT BOARD OF DIRECTORS on
3. Unanimous recommendations of a joint CITY/DISTRICT OPEN
SPACE MANAGEMENT ADVISORY COMNui 1= composed of persons
appointed by the CITY MANAGER AND DISTRICT G04ERAL MANAGER,
said group to meet at least once in March of each year for four years
following the approval of this AGREEMENT to discuss, review, and
approve the work program including capital improvements planned
for the upcoming fiscal year. This ADVISORY COMNu 1 i= may also
hold additional meetings as requested by CITY or DISTRICT. After
four years from the date of this AGREEMENT, meetings shall be
called by either CITY or DISTRICT as requested by either party.
4. It is the intent of the CITY and DISTRICT to communicate
regularly as needed regarding any management issues which may
arise which potentially impact the CITY or DISTRICT. Said
communications may or may not involve communications to or from
the public.
5. Should conflicts arise between the DISTRICT'S LAND
MANAGEMENT POLICIES and the LAND MANAGEMENT PLAN approved by
CITY and DISTRICT, the LAND MANAGEMENT PLAN shall have
precedence.
6. Should conflicts arise between the unanimous
recommendations of the OPEN SPACE MANAGEMENT ADVISORY
COMNu t t t&' and the LAND MANAGEMENT PLAN, the recommendations
of the OPEN SPACE MANAGEMENT ADVISORY COMNu t t = shall have
precedence. If a recommendation of the OPEN SPACE MANAGEMENT
ADVISORY COMMY 1 i= is not unanimous, it shall have. no power to
supercede the approved LAND MANAGEMENT PLAN or the LAND
MANAGEMENT POLICIES of the DISTRICT.
F.
By approval of this AGREEMENT, all parties agree that this
AGREEMENT supercedes earlier agreements of these parties
regarding these lands, including Joint Powers Agreements and
Modifications to those Agreements dated February 17, 1976, July 2,
1984; January 1, 1985; and September 12th, 1989 attached hereto as
5
Exhibit D. and that these previous Agreements are therefore null and
void.
G.INDENINITY
1. That neither CITY nor any officer or employee thereof is
responsible for any damange or liability occurring by reason of
anything done or omitted to be done by DISTRICT under or in
connection with any work, authority, or jurisdiction delegated to
DISTRICT under this AGREEMENT.
It is also understood and agreed that, pursuant to Government Code
Section 895.4, DISTRICT shall fully indemnify and hold CITY
harmless from any liability imposed for injury (as defined by
Gvoernment Code Section 810.8) occurring by reason of anything
done or omitted to be done by DISTRICT under or in connection with
any work, authority, or jurisdiction not delegated to DISTRICT under
this AGREEMENT.
2. That neither DISTRICT, nor any officer, agent or employee
thereof, shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by CITY under or in
connection with any work, authority, or jurisdiction delegated to
CITY under this AGREEMENT.
It is also understood and agreed that pursuant to Government Code
Section 895.4, CITY shall fully indemnify and hold DISTRICT
harmless from any liability imposed for injury (as defined by
Government Code Section 810.8) occurring by reason of anything
done or omitted to be done by CITY under or in connection with any
work, authority, or jurisdiction delegated to CITY under this
AGREEMENT.
H. TERMINATION
This AGREEMENT may be terminated at any time by mutual consent of
all parties. However, once title to properties has been transferred to
and accepted by DISTRICT, said title and responsibility for
management of said properties shall remain with DISTRICT
irregardless of any termination of AGREEMENT.
C
AF ,
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands the day and year first above written.
CITY OF SAN RAFAEL
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APPROVED AS TO FORM:
COUNTY OF MARIN (CSA #23)
iyjG,ARItGIACOMIlVI;
CHAIRMAN
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LAWRENCE E MULRYAN, MAYOR
MARIN COUNTY OPEN SPACE DISTRICT
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BY: GARY GIACOMINI,
PRESIDENT
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may. J j�
ATTEST-
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DON
TTEST:
------DON DDHIRATOS,SECRETARY
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EX-MBIT A
CAPITAL TM; PROV N. T COSTS
Fire Hazard Reduction
Program
-Pruning perimeter
woodland
-Eucalyptus
thinning/removal
Erosion Repair
-Areas 5 and 7
Access Improvements
-Priorities 1 and 2
Total Cost Cost for City/District*
24,000 12,000
76,000 38,000
6,000 3,000
77,500 3 8.000
5183,500 $91,750
* Following the transfer of title to the Open Space District, the District will
provided all ongoing land management services including we-edwhipping
behind homes, removal of exotics, minor erosion repairs as needed,
maintenance of all entry ways, trait maintenance, litter pickup and Ranger
patrol, etc. at no direct cost to the City. The District will also construct
trails as indicated in the Management Plan over bine as part of its ongoing
trail construction. program. Fire Protection and police services would still
be provided by the City, with augmentation from District staff as
appropriate.
Please note that a grazing program is not part of this capital improvement
list because at this time it is not recommended that a grazing program be
reestablished. Should it become necessary to do so in the future, it would
be appropriate for the City and District to share costs for bask
infrastructure costs at that time (fencing, spring developlllent for stock
tLc.e Tie Dist;ic: would assume ertgcine annual costs forz
ra;rtT
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EXHIBIT A
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PARCELS TO BE TRANSFERRED TO MARIN COUNTY,
OPEN SPACE DISTRICT TITLE AND MANAGEMENT
ASSESSOR'S PARCEL # Acreaae
Title Now Held by M(,OSD/SR/CSA423
(Terra Linda/Sleepy Hollow Divide Property)
164-280-49
80.93
165-010-12
3.20
165-010-73
46.80
165-010-74
64.53
165-010-82
51.96
165-010-84
50.35
165-010-88
126.22
165-010-91
29.00
175-010-08
1.46
175-010-93
14.69
175-010-96
33.34
502.48 Acres
(San Rafael Ridge Property)
175-010-88
175-010-95
179-242-36
10-011-07
10-011-18
10-011-35
10-011-46
10-011-50
10-041-42
177-240-23
177-240-24
139.91
30.17
.25
10.28
2.54
2.31
2.28
2.29
5.95
12.87
5.90
214.75 Acres
Title Now Held by City of San Rafael (Mont Marlin Property)
165-010-08
•25
165-010-09
•25
165-010-40
3.79
165-010-43
32.43
165-010-67
11.02
165-010-68
Part -take of 148.52 acre parcel
165-010-70
.50
165-123-19
2.24
165-123-20
2.85
165-171-38
5.46
58.79 Acres plus acreage of
part -take
Title Held by Countv of Marin ,(Mont Marin Area)
165-010-39
2.94
165-010-71
10.47
165-112-16
1.90
165-123-21
1.13
16.44 Acres
Abbreviations:
SR- City of San Rafael
MCOSD- Marin County Open Space District
CSA#23- County Service Area Number 23
COUNTY OF MARIN
Z42 wit aenr1+.� •-- -- -- -- -- -- • -
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EXHIBIT A
CAPITAL. TV. PRCv��'T COSTS,
Carriral T=!-Cjrrment Total Cost Cost for. CirvMistrict*
Fire Hazard Reduction
Program
-Pruning perimeter
woodland 24,000 12,000
-Eucalyptus
thinning/removal 76,000 38,000
Erosion Repair
-Areas 5 and 7 6,000 31000
Access Improvements
-Priorities 1 and 2 77.500 38.000
$183,500 $91,750
Following the transfer of title to the Open Space District, the District will
provided all ongoing land management services including weedwhipping
behind homes, removal of exotics, minor erosion repairs as needed,
maintenance of all entry ways, trail maintenance, litter pick-up and Range.-
patrol,
ange.patrol, etc. at no direct cost to the City. The District will also construct
trails as indicated in the Management Plan over bine as part of its ongoing
trail construction. program. . Fire Protection and police services would still
be provided by the City, with augmentation from District staff as
appropriate.
Please note that a grazing program is not pall of this capital improvement
list because at this time it is not recommended that a grazingr program be
reestablished. Should it become necessary to do so in the future, it would
be appropriate for the City and District to share costs for basic
infras 4"mcture costs at that time (fencing, spring development for stcckt
waw -' Tre Disuic: would assume cmcins: annual costs fe- srazire.
c
EXHIBIT C
Open Space District Land Management Policies are available in the
District's administrative office, Rm. 417, Marin County Civic Center.
In order to save paper, the Land Management Policies are not
reproduced here.
r
EXHIBIT D
Previous Joint Powers Agreements and amendments to these
Agreements between the City of San Rafael, CSA#23 (County of
Marin), and the Marin County Open Space District are on file at the
City of San Rafael, City Hall, and the District's administrative
office, Rm. 417, Marin County Civic Center.
In order to save paper, these Joint Powers Agreements and
amendments are not reproduced here.