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HomeMy WebLinkAboutCC Resolution 11289 (MOU St. Vincents & Silveira)RESOLUTION NO. 11289 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL TERMINATING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND THE COUNTY OF MARIN PERTAINING TO THE LANDS OF ST. VINCENT'S AND SILVEIRA WHEREAS, the City of San Rafael and the County of Marin entered into a Memorandum of Understanding (MOU) on June 18, 1998 which established a process for a land use study of the lands of St. Vincent's and Silveira which are located in unincorporated Marin County and are within the City of San Rafael's Sphere of Influence; and WHEREAS, the MOU provided for the joint appointment of an advisory task force, objectives for the land use study and ultimate consideration of the task force recommendations in the respective updates of both jurisdictions' General Plans, and WHEREAS, Section 3 of the MOU states that the City of San Rafael would process any development applications and act as the lead agency for the preparation of environmental documents for new development proposals; and WHEREAS, Section 7 of the MOU provides for termination of the agreement by either party if the agreement is no longer deemed appropriate, and requires the provision of at least fourteen days notice of intent to terminate the agreement; and WHEREAS, at its meeting of January 13, 2003, the City Council adopted Resolution 11237 directing staff to prepare future General Plan amendments indicating that the City would not annex the lands of St. Vincent's and Silveira and removing these lands from the City's Sphere of Influence; and WHEREAS, on March 3, 2003 the City provided written notice to the Board of Supervisors of its intent to consider termination of the MOU on April 7, 2003, NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby withdraws from the MOU with the County of Marin enacted on June 18, 1998, finding that the MOU is no longer appropriate given the City's unwillingness to annex the lands of St. Vincent's and Silveira. 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 seventh day of April, 2003, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen JEA M. LEONCINI, City Clerk 4r'tl MEMORANDUM OF UNDERSTANDING Introduction This Memorandum of Understanding concerns certain lands depicted in Exhibit A and known generally as the St. Vincent's/Silveira properties. These lands are located within the unincorporated area of the County of Marin and within the City of San Rafael Sphere of Influence and Urban Service Area. Policies in the San Rafael General Plan and Marin Countywide Plan anticipate that these lands will be annexed to the City of San Rafael prior to or concurrent with the issuance of development permits for the property. Both the City of San Rafael and Marin County intend to amend their respective General and Countywide Plans to establish appropriate general plan policies and programs for the St. Vincent's/Silveira properties. It is the goal of both jurisdictions, where possible, to work cooperatively in the amendment of these General Plans. Accordingly, the San Rafael City Council and the Marin County Board of Supervisors agree to enter into this non-binding Memorandum of Understanding. Notwithstanding this Memorandum of Understanding, it is not the intent of either the City Council or the Board of Supervisors to expand, restrict, or otherwise alter the authority granted to each body under the laws of the State of California. In the adoption of the general plan amendments, the City and County shall exercise their independent judgment, under CEQA and applicable planning laws, regarding the decision to adopt each recommendation. Recitals A. The City and the County have a long established history of working together in planning for the future use of the St. Vincent's and Silveira properties. The 1982 Countywide Plan designated the two properties as a special study area having major jobs and housing potential. From 1982 - 86, the County and the City jointly prepared a North San Rafael Policy Plan. The Plan, although not adopted, identified issues related to the development of the St. Vincent's and Silveira properties to be further studied in the San Rafael General Plan update work of 1986 - 88. B. San Rafael's General Plan, adopted in 1988 and amended in 1990, set forth policies for the St. Vincent's and Silveira properties as described in the St. Vincent's/Silveira section of General Plan 2000 (see map, Exhibit B). Policy SVS -1 specified that the City Council should appoint an Advisory Committee to assist in development of a Specific Plan for the area. Additional policies described environmental concerns, identified the potential for development west of the railroad for up to 2,100 units and 361,000 square feet of nonresidential use, designated the areas east of the railroad for agricultural and recreational uses, and stated that prior to development the site(s) shall be annexed to San Rafael. C. The 25 -member St. Vincent's/Silveira Advisory Committee began its work in 1991. At the same time, the County was revising the Countywide Plan. To avoid duplicating the work of the Committee, the County established an interim land use designation (see map, Exhibit C) for the properties, recognizing that the County would hold hearings to consider a permanent designation after the City of San Rafael had amended its General Plan. D. In 1994, the St. Vincent's/Silveira Advisory Committee presented its final report "Draft General Plan Amendment Proposal" to the San Rafael City Council. The following year, Council adopted Resolution No. 9395 (Exhibit D) which affirmed City, County and LAFCo policies for the properties, recognized the detailed and innovative community-based process which had gone into the preparation of the report, highlighted noteworthy committee I col f recommendations, and presented additional ideas for consideratio,, in a future General Plan amendment for St. Vincent's/Silveira. In addition, the Council requested that the Board of Supervisors extend its interim land use designation for the site until the City reconsiders land uses as part of a City-wide General Plan amendment. E. The City and the County desire to continue in cooperative planning efforts for the area. As the City will soon embark on an update of its General Plan, and the County is desirous of amending its interim land use designation for the properties, the City and County have determined that it would be mutually beneficial to establish procedures for participating together in the preparation of General Plan amendments for St. Vincent's and Silveira and related environmental documents consistent with the approach listed below. In addition, it is the intent of the City and County to cooperate in the review of development applications for the properties. Such cooperation and coordination are authorized by California State law, including but not limited to, Section 65101 of the California Government Code and the California Environmental Quality Act (California Public Resources Code, section 21000, et seq). Scope of Memorandum of Understanding. The City and County agree to participate in a cooperative planning process intended to produce recommendations for amendments to the San Rafael General Plan and the Marin Countywide Plan. 1.1 The Advisory Task Force established in paragraph 2.2 of this Memorandum of Understanding shall develop recommendations setting forth proposed locations for development, densities, intensities, and design guidelines for those areas appropriate for development, and environmental preservation and management policies for those areas inappropriate for development, consistent with the Coordination Policies set forth herein. In the event that the requirements herein conflict with existing state and local laws and ordinances, the state and local laws and ordinances shall prevail. The City and County shall, to the extent possible, coordinate their planning and review efforts as set forth in section 2. 1.2 In addition, the City will consult with the County during the review process of development applications for land use entitlements including but not limited to Pre -Zoning, Annexation, Tentative Map, and a Development Agreement, and all required environmental documents. 1.3 This Memorandum of Understanding is limited to the above -listed items and no other work shall be undertaken pursuant to the Memorandum of Understanding unless authorized by both jurisdictions in a written document approved by the San Rafael City Council and the Marin County Board of Supervisors. General Plan Amendments. 2.1 A Management Team comprised of representatives of the San Rafael Community Development Department and the Marin County Community Development Agency shall cooperate in implementing this Memorandum of Understanding. City and County will provide staff resources as necessary to prepare a work program and cavy out the authorized work. Management of the work program shall be jointly conducted by the City and County, as specified in the work program. In the event of a dispute, the Management Team shall make a good faith effort to resolve the issue. If there is no resolution the Marin County Administrator and the San Rafael City Manager shall attempt to resolve the dispute to mutual satisfaction. 2.2 An Advisory Task Force comprised of a broad spectrum of community interests shall be appointed by the City and County within 60 days of approval and adoption of the Work Program by the parties hereto. The Task Force shall have 14 members appointed jointly by the City Council and the Board of Supervisors. Criteria for appointment include commitment to seeking a solution which best fulfills all the coordination policies listed in section 4 below. The committee shall include a balance of community interests, as described below: 2 co-chairs, Mayor Al Boro (alternate, Councilmember Paul Cohen) (ex officio, non-voting) Board President John Kress (alternate, Supervisor Steve It shall be the objective of the Task Force to reach consensus on mutually consistent general plan amendment recommendations for the San Rafael City Council and the Marin County Board of Supervisors: (1) recommendations for amendments to the San Rafael General Plan for portions of the Plan affecting the area designated in Exhibit A, and (2) recommendations for amendments to the Marin Countywide Plan for portions of the Plan affecting the area designated in Exhibit A. The Advisory Task Force shall be directed to draft recommendations for general plan amendments and submit them to the City and the County not more than six months from the time the group is first convened. 2.3 In the event that a consultant(s) is retained for the planning process, the selection of such consultant shall be made by the Management Team, and the costs shall be shared equally by the City and County. All consulting contracts shall be entered into with the City of San Rafael and in accordance with its procedures for awarding and administering contracts. The City and County shall jointly provide management oversight over the consultants retained for this process. 2.4 Following completion of the Advisory Task Force's work, the Advisory Task Force's recommendations shall be forwarded to the respective jurisdictions involved herein for preliminary review. 2.5 The two jurisdictions shall review the recommendations in a manner consistent with their independent authority and responsibility. To further the agencies' mutual understanding of their respective plans and concerns, the agencies will hold Kinsey) 2 members Property owners (St. Vincent's - one; Silveira - one) 3 members Environment 2 members Housing 2 members Neighborhoods 2 members Business I member League of Women Voters 2 members Community at -large It shall be the objective of the Task Force to reach consensus on mutually consistent general plan amendment recommendations for the San Rafael City Council and the Marin County Board of Supervisors: (1) recommendations for amendments to the San Rafael General Plan for portions of the Plan affecting the area designated in Exhibit A, and (2) recommendations for amendments to the Marin Countywide Plan for portions of the Plan affecting the area designated in Exhibit A. The Advisory Task Force shall be directed to draft recommendations for general plan amendments and submit them to the City and the County not more than six months from the time the group is first convened. 2.3 In the event that a consultant(s) is retained for the planning process, the selection of such consultant shall be made by the Management Team, and the costs shall be shared equally by the City and County. All consulting contracts shall be entered into with the City of San Rafael and in accordance with its procedures for awarding and administering contracts. The City and County shall jointly provide management oversight over the consultants retained for this process. 2.4 Following completion of the Advisory Task Force's work, the Advisory Task Force's recommendations shall be forwarded to the respective jurisdictions involved herein for preliminary review. 2.5 The two jurisdictions shall review the recommendations in a manner consistent with their independent authority and responsibility. To further the agencies' mutual understanding of their respective plans and concerns, the agencies will hold at leas. ,ne joint public workshop on the proposed a,,__,,dments to the Plans. Prior to the public hearings at the planning commissions of the City and the County, the amendments shall be brought before the Marin Countywide Planning Agency for review, comment and recommendation, in accordance with existing procedural requirements. 2.6 The City and the County intend to complete their independent General Plan amendments, including the environmental review of the Plan amendments. However, this would not preclude a project sponsor from applying for development applications consistent with the Task Force recommendations as endorsed by the City Council and the Board of Supervisors. If no application is forthcoming, the City and the County will proceed with respective General Plan amendments. 2.7 The City of San Rafael is the Lead Agency for compliance with the requirements of CEQA regarding amendments to the San Rafael General Plan. The County is the Lead Agency for compliance with CEQA regarding amendments to the Countywide Plan. 2.8 The City and County understand that some of the technical environmental assessments underlying the environmental review may overlap. For example, biological, cultural and archeological surveys would likely involve the same or similar data. The City and County agree to consider the joint funding of such studies. All contracts for joint studies will be entered into and administered by the City of San Rafael in accordance with its procedures for awarding and administering contracts. 2.9 If joint studies are undertaken pursuant to paragraph 2.8, the resulting studies will be submitted to the City and County for possible inclusion in their respective environmental reviews. The City and County will independently determine whether and how to incorporate the joint studies into their respective environmental reviews. 3. Development Applications. The City shall act as Managing Agency in processing any application for Prezoning, Annexation, Development Agreement, Tentative Map, and all other entitlements. The City shall act as Lead Agency for CEQA purposes, and the County shall serve in an advisory capacity. The City shall select an individual, firm and/or staff to prepare the environmental documents, and will administer consultant funds for the individual or firm selected. The preparation of environmental documents may occur concurrently with the review of the project application. The cost of preparing the environmental documents related to the development proposal shall be bome by the project sponsor. 4. Coordination Policies. The City and County recognize that the laws governing general plan amendments require consideration of the public interest beyond individual city and county boundary lines prior to approval of plan amendments. (For example, see Government Code sections 65351, 65352.) Accordingly, in addition to the City's non- binding Resolution No. 9395, the City and County have identified several advisory policies and informal objectives that should guide the development of Plan recommendations by the Advisory Task Force. These policies and objectives are detailed in the following paragraphs. 4.1 Protection of environmental and archaeological resources, including: 0 preservation of historic baylands. 4 • preservation of wetlands throughout the St. Vincent's and Silveira properties. • protection of habitat areas. • long-term preservation of lands east of the railroad tracks. • preservation of Pacheco Ridge between San Rafael and Novato. • establishment of a 100 foot wide buffer along both sides of Miller Creek. • protection of native oak woodlands. 4.2 Fairness to the property owners in terms of a reasonable economic use of their properties. 4.3 Creation of a compact community on St. Vincent's with: • preservation of the existing historic structures. • a mix of uses including residential, local -serving retail, office, destination recreation, and agriculture. • a full range of housing opportunities with the affordable units for low and moderate households integrated into the neighborhoods. • a pedestrian and transit orientation. • incorporation of design features compatible with the unique design excellence of the St. Vincent's historic complex. 4.4 Provision for development on the Silveira property with: • reuse of the Honor Farm site. • possible uses include residential, office, destination recreation, and agriculture. • a full range of housing opportunities with the affordable units for low and moderate households integrated into the residential development. • a pedestrian and transit orientation. 4.5 Provision of housing affordable to low and moderate income households to: • help meet San Rafael's fair share of housing allocation provide workforce housing • improve the jobs/housing balance in the community 4.6 Retention of views of the Bay across the Silveira Ranch, and of the St. Vincent's Chapel. 4.7 Provision for regional access to and from Highway 101, and for local and emergency access recognizing that Silveira Parkway will not be extended beyond St. Vincent's Drive 4.8 Development that provides for a reasonable contribution to the costs of providing community services to the project. 4.9 A significant reduction in the total development potential of 2,100 residential units and 361,000 square feet of office/commercial space identified in the current San Rafael General Plan. 4.10 A significant reduction in the total area of the properties designated for development from the previously recommended 30% to a lesser number predicated upon the intended reduction in total development potential. 4.11 No development of a rail station on the properties. 5 4.12 Prioriti, an of portions of the development plan app priate for amendment or modification by using available outside financial resources. 5. Notice. Reasonable advance notice shall be given to the other party, the property owners, and the public when either the City Council or the Board of Supervisors places an item on their respective agendas pertaining to the St. Vincent's and Silveira properties. 6. Amendments. This Memorandum may only be amended by action of the San Rafael City Council and the Marin County Board of Supervisors. Termination. This Memorandum of Understanding shall remain in effect for the time necessary to complete the above -listed scope of work or until such time in the future as it is deemed appropriate by either the San Rafael City Council or the Marin County Board of Supervisors that this Memorandum of Understanding shall no longer have effect. Either party hereto may give notice of termination of this Memorandum of Understanding by delivery of a written document evidencing same. Notice of intent to terminate shall be given 14 days before consideration by either party. 8. Limitations on Scope. Nothing in this Memorandum of Understanding shall be interpreted in a manner that expands, restricts, or otherwise alters the authority granted to either the City of San Rafael or Marin County under the laws of the State of California. Afi( � 1 �//S_Alay Date City of 9an Rafael ATTEST: Marine M. Leoncini, City Clerk �7 flin Kress, President Marin County Board of Supervisors ATTEST: Diane Sauer, Clerk of the Board Attachments JUN. 1 G 1998 Date RESOLUTION NO. 10634 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL REGARDING THE RECOMMENDATIONS OF THE ST. VINCENT'S/SILVEIRA ADVISORY TASK FORCE BE IT RESOLVED by the City Council of the City of San Rafael as follows: WHEREAS, the City of San Rafael and the County of Marin have a long history of planning for the future use and development of the St. Vincent's and Silveira properties. Since 1973, Marin County planning policies have stated that the subject properties are located within the "City -Centered Corridor," which is at eastern edge of Marin County where urban development is concentrated. In 1974, consistent with Countywide policies establishing the site as a future development area, the County canceled agricultural contracts 'on the two properties; and, WHEREAS, for many years, the City, County and Local Agency Formation Commission have identified the St. Vincent's and Silveira properties, except for a small area on St. Vincent's east of the railroad tracks, as within San Rafael's Sphere of Influence — the probable ultimate physical boundaries and service area of San Rafael; and, WHEREAS, in 1982, the Marin Countywide Plan described St. Vincent's/Silveira as a study area having major jobs and housing potential. From 1982 - 85, the County and the City jointly prepared a North San Rafael Policy Plan providing draft guidelines and provisions for potential development scenarios at St. Vincent's and Silveira. Although not adopted, the Plan identified environmental issues and concerns related to development to be further studied during the preparation of a new general plan for the City of San Rafael; and, WHEREAS, San Rafael General Plan 2000, adopted in 1988, set forth detailed policies for St. Vincent's and Silveira properties describing environmental concerns and identifying development potential for the area west of the railroad tracks of up to 2,100 units, 100,000 square feet of commercial or neighborhood retail and 261,000 square feet of office -use. The Honor Farm located on the Silveira property was designated for residential use, and areas north of the former Honor Farm and east of the railroad tracks are designated "Agriculture/Recreation/ Land Reserve." Other policies stated that St. Vincent's and Silveira lands shall be annexed to the City prior to any urban development, and call for preparation of a specific plan for the site; and, WHEREAS, in 1990, the City Council amended General Plan policy SVS -1 (Specific Plan), resulting in the appointment of a 25 -member St. Vincent's/Silveira Advisory Committee to assist in development of a Specific Plan for the St. Vincent's and Silveira area. In 1994, the St. Vincent's/Silveira Advisory Committee presented its "Draft General Plan Amendment Proposal" to the San Rafael City Council. In 1995, the City Council adopted Resolution 9395 which affirmed City, County and LAFCo policies for the properties, recognized the detailed and innovative community-based process which had gone into the preparation of the "Draft General Plan Amendment Proposal," highlighted noteworthy committee recommendations, and presented additional ideas for consideration. In addition, the Council req—. -;ted the Marin County Board of Super\ __ .,rs extend its interim land use designation for the site until the City had reconsidered appropriate land uses as part of a Citywide General Plan amendment; and, WHEREAS, in 1998, the City Council determined that, in consideration of the desires of the City and Marin County to update the San Rafael General Plan 2000 and the Marin Countywide Plan, it would be beneficial to pursue a cooperative planning effort to prepare recommended amendments for St. Vincent's and Silveira lands for their respective plans. The City Council adopted Resolution 10235, approving a Memorandum of Understanding between the City and County of Marin to work cooperatively on a process for the preparation of recommendations for General Plan amendments for St. Vincent's and Silveira lands to the San Rafael General Plan and the Marin Countywide Plan; and, WHEREAS, the City Council and the County Board of Supervisors appointed a 16 -member Advisory Task Force with representation from interest groups throughout Marin County to prepare recommended General Plan amendments for the City and the County. During the 20 months of its work, the Task Force held 21 regular meetings and attended 11 study sessions, and individual members shared the progress of the Task Force in over 72 meetings with various community groups; and, WHEREAS, on this day, the St. Vincent's/Silveira Advisory Task Force has presented to the San Rafael City Council its policy recommendations for areas for preservation and areas for development as well as program implementation recommendations with the request that they be incorporated in the San Rafael General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that it hereby accepts the report of the Advisory Task Force and commends the Task Force for its work, and notes that the Task Force has successfully fulfilled its responsibilities pursuant to its charge. BE IT FURTHER RESOLVED that the City Council hereby forwards the St. Vincent's/Silveira Advisory Task Force's recommendations to the San Rafael General Plan Steering Committee for review and consideration in connection with the San Rafael General Plan Update process and concurrent environmental analysis now underway. I, Jeanne M. Leoncini, Clerk of the City of San Rafael, California, HEREBY CERTIFY that the foregoing Resolution was duly and regularly introduced and adopted at a Special Meeting of the City Council of said City with the Marin County Board of Supervisors held on the 3rd day of May, 2000, by the following vote, to wit: AYES: Councilmembers : Cohen, Heller, Miller, Phillips & Mayor Boro NOES: Councilmembers : None ABSENT: Councilmembers : None JEWRNE M. LEONCINI, City Clerk RESOLUTION NO. 2000-46 A RESOLUTION OF THE MARIN COUNTY BOARD OF SUPERVISORS REGARDING THE RECOMMENDATIONS OF THE ST. VINCENT'S/SILVEI A ADVISORY TASK FORCE. WHEREAS, the County of Mann and City of San Rafael have a long history of planning for the future use and development of the St. Vincent's and Silveira properties. Since 1973, the Marin Countywide Plan has included these properties in the City -Centered Corridor most of these properties are within the City's Sphere of Influence; and WHEREAS, in 1982, the Marin Countywide Plan described St. Vincent's/Silveira as a special study area having major jobs and housing potential and in 1990 the City of San Rafael appointed a 25 member advisory committee to assist in development of a Specific Plan; and WHEREAS, the 1994 Marin Countywide Plan recognized that the City of San Rafael had embarked on a comprehensive planning process for the properties and the properties were given an interim designation as an urban and conservation reserve with a density of one dwelling unit per 100 acres; and WHEREAS, in June, 1996, the Board of Supervisors and San Rafael City Council appointed a 16 - member Advisory Task Force to prepare recommendations to be considered for amendments to the Countywide Plan and San Rafael General Plan. During the 20 months of its work, the Task Force held 21 regular meetings and attended 11 study sessions, and individual members shared the progress of the Task Force in over 72 meetings with various community groups; and WHEREAS, on this day, the St. Vincent's/Silveira Advisory Task Force has presented to the Board of Supervisors its policy recommendations for areas for preservation and development with the request that they be considered for incorporation into the Marin Countywide Plan. NOW, THEREFORE, BE IT RESOLVED by the Mann County Board of Supervisors as follows: 1. That it hereby accepts the report of the St. Vincent's/Silveira Advisory Task Force and commends the Task Force for its work and notes that the Task Force has successfully fulfilled its task pursuant to its charge. 2. That it hereby forwards the St. Vincent's/Silveira Advisory Task Force's recommendations to the Director of the Community Development Agency to be reviewed -and considered in connection with the update of the Marin Countywide Plan. PASSED AND ADOPTED by the Marin County Board of Supervisors on the 3rd day of May, 2000, by the following vote, to wit: AYES: SUPERVISORS Cynthia L. Murray, John B. Kress, Annette Rose, Steve Kinsey NOES: None ABSENT: SUPERVISOR Harold C. Brown, Jr. Attest: 1�40_� Mark J. Riesedeld, Clerklof the toard STEVE KINSEY, PRESIDENT/ MARIN COUNTY BOARD OF SUP&VISORS CITY OF March 3, 2003 Annette Rose, President of the Board 3501 Civic Center Drive San Rafael, CA 94903 Re: St. Vincent's/Silveira Memorandum of Understanding Dear Annette: Mayor Albert J. Boro Council Members Paul M Cohen Barbara Heller Gyr N. Miller Gary D. Phillips Consistent with actions taken by the San Rafael City Council on January, 13, 2003, notice is hereby given of the City of San Rafael's intention to terminate the written Memorandum of Understanding agreement entered into by and between the City and the County of Marin in June, 1998 concerning the planning process intended to produce recommendations for amendments to the City's and the County's respective General Plans respecting the lands of St. Vincent's and Silveira. The City Council will consider termination of this MOU at its regularly scheduled meeting of April 7, 2003. Sincerely, s--aJ Albert J. Boro Mayor cc: City Council City Manager City Attorney City Clerk Community Development Department 1400 Fifth Avenue, P.O. Box 151560, San Rafael, CA 94915-1560 Phone_ (415)485-3085 Facsimile_ (415)485-3184