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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 � �� 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 1 o ue- 1 E 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 �r• APPROVED AS TO FORM: COUNTY OF MARIN (CSA #23) iyjG,ARItGIACOMIlVI; CHAIRMAN � s LAWRENCE E MULRYAN, MAYOR MARIN COUNTY OPEN SPACE DISTRICT 4 _-.---------------------- BY: GARY GIACOMINI, PRESIDENT Ai i=i: 1 lld� may. J j� ATTEST- ----------- DON TTEST: ------DON DDHIRATOS,SECRETARY 7 t , � •;� � `` 1. � , ® ,� � i 3 1:12 a /4592242 COita). T rove n %.I 1 I "M JrAC ZU6Wi.. --• -- ANN.__ -irr` EX 14 1 ft IT `8 t 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 = ._, _ EXHIBIT A i. 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+.� •-- -- -- -- -- -- • - . - Ex 14 I Q IT %8# << 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.