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Home My WebLink AboutCS Open Space Acquisition Policyf SAN RAFAEL THE CITY WITH A MISSION Agenda Item No: 4.c Meeting Date: March 6, 2017 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Services Prepared by: Carlene McCart, Director City Manager Approval: TOPIC: Policy Recommendation from the Park and Recreation Commission on criteria and process by which the City will acquire Open Space SUBJECT: RESOLUTION TO ADOPT OPEN SPACE ACQUISITION POLICY RECOMMENDATION: Approve Resolution. BACKGROUND: In 2016 the Marin Open Space Trust proposed the dedication of a fee interest in two parcels of vacant residential land comprising three (3) acres to the City of San Rafael for use as permanent public open space. The land connects the existing thirty-three (33) acres of City -held Oakwood Open Space to the terminus of Greenwood Avenue in the Gerstle Park Neighborhood. The unofficial policy of the City has been to decline offers of additional Open Space due to the limited City capacity to maintain, secure, and accept liability for such property. The City Council held public hearings on September 6 and October 3, 2016 to consider the dedication. In addition the Park and Recreation Commission reviewed the proposal in a regular public meeting on September 15. The Commission recommended the City Council accept the offer, and on October 3 the City Council voted to do so. During the review and deliberation process, Council noted a need for a formalized policy regarding the dedication of Open Space to guide the City in the future. The Park and Recreation Commission considered the issue over three public meetings, October 20 and November 17, 2016, and January 19, 2017. The Commission voted unanimously to forward the Open Space Acquisition Policy proposal to the City Council on January 19. FOR CITY CLERK ONLY File No.: 13-14-1 Council Meeting: 03/06/2017 Disposition: Resolution 14286 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 ANALYSIS: The proposal outlines the purpose of the policy which is to assist in the deliberation and decision to accept or reject dedication of land as San Rafael Open Space. The Policy identifies the process, references the authority and states criteria by which a proposed dedication is evaluated. The Commission recommends that the criteria not be weighted nor required in any specific combination for Open Space to be acceptable to San Rafael. Each parcel under consideration will have unique attributes. The policy allows the review process to make a determination based on meeting one or more of the criteria. COMMUNITY OUTREACH: The Policy discussion and action was on the Park and Recreation Commission meeting agenda in October and November, 2016 and January 2017. Agendas are posted on the City website and distributed to local media. The meetings are open to the public to attend or submit comments in advance. No public comment was received on the proposed Policy. FISCAL IMPACT: There is no fiscal impact associated with the proposed Policy. OPTIONS: The City Council has the following options to consider on this matter: 1. Approve Resolution to adopt Open Space Acquisition Policy. 2. Adopt the Resolution with modifications to the Open Space Acquisition Policy. 3. Direct staff to return with more information. 4. Take no action. RECOMMENDED ACTION: Approve Resolution to Adopt Open Space Acquisition Policy ATTACHMENT: Resolution with Exhibit A, Open Space Acquisition Policy. RESOLUTION NO. 14286 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO ADOPT THE OPEN SPACE ACQUISITION POLICY WHEREAS, San Rafael General Plan 2020, Goal 30 states "It is the goal of San Rafael to preserve and protect open space and the natural environment for all to enjoy"; and WHEREAS, San Rafael owns and maintains 3,703 acres of designated Open Space; and WHEREAS, the City has sole responsibility for maintenance and management of City owned Open Space; and WHEREAS, the City acquires Open Space through purchase and dedication; and WHEREAS, the City desires a policy to guide the process of deliberation and decision to accept or reject land offered for inclusion in the City owned Open Space inventory; and WHEREAS, the Park and Recreation Commission developed an Open Space Acquisition Policy over the course of three (3) public meetings held in October and November 2016 and January 2017; and WHEREAS, the Commission approved an Open Space Acquisition Policy for recommendation to the City Council on January 19, 2017; and WHEREAS, the City Council reviewed the Policy at a regular meeting on March 6, 2017. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael adopts the Open Space Acquisition Policy attached hereto as Exhibit "A". I, Esther Beirne, 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 San Rafael City Council held on March 6, 2017 by the following vote to wit: AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None je&w ESTHER C. BEIRNE, City Clerk City of San Rafael Open Space Acquisition Policy Purpose The purpose of this policy is to set criteria for selecting and/or accepting the acquisition of additional Open Space lands by the City of San Rafael. Responsibility The acquisition of Open Space lands is at the decision and discretion of the San Rafael City Council. Proposals presented by City staff representing the Departments of Community Development, Public Works, Police, Fire, Community Services and Finance will first be considered by the Park and Recreation Commission at one or more public noticed meetings, and with other community outreach as determined appropriate. The Commission recommendation to accept or decline the proposed acquisition will be submitted to the City Council prior to the one or more public noticed meetings when the proposal is considered for action. If accepted, City staff shall execute the acquisition and on-going support services for the Open Space preservation, recreation and public security. Reference San Rafael General Plan 2020, Goal 30: Protected Open Space It is the goal of San Rafael to preserve and protect open space and the natural environment for all to enjoy. Preservation of open space and the natural environment has been a priority for San Rafael residents for many years. Whenever possible, the natural terrain and vegetation of the community should be preserved and maintained. The City of San Rafael owns 3,703 acres of Open Space. A total of 7,800 acres of Open Space is currently within City planning area. The City has purchased or accepted donations of properties to the Open Space Inventory. In September 2016 the City Council directed a policy to provide criteria for future acquisition of Open Space lands to ensure that decisions were made based on the value of prospective lands for public recreation, environmental stewardship, view corridor retention and other public benefit in relationship to the responsibility of managing, maintaining and securing the lands in perpetuity. Policy In the event of an opportunity to expand the City Open Space Inventory, whether by acquisition, transfer or donation, the following criteria should be applied to the San Rafael specific property to determine the overall value to the community and compliance with City goals. Proposed properties need not meet each criterion. Criteria are not weighted as properties vary in assets and constraints. To be accepted, properties must satisfy specific elements of the guiding principles listed below: o A property must be located within the City of San Rafael City Limits. o A property should provide a positive added public benefit including but not limited to: ■ Cultural/historical significance ■ Potential for recreational use ■ Preservation of natural space, environment, and/or existing use ■ Presence of sensitive wildlife habitat o A property should provide public utility. o A property should have adjacency to existing park/open space and/or connectively to existing or planned parks/open space as identified in the General Plan. o A property should have title with no alternative ownership options for preservation and preferably fee simple title transfer. o A property should have existing access. o Public support must be demonstrated for the proposed acquisition. o Endorsement by Boards and Commissions and community organizations must be demonstrated for acquisition of proposed property. o The existing condition of the property should be environmentally stable and clear of significant safety or security issues. o The location and status of the property should be free of significant liability issues. o The property should not present a significant financial impact to City. resources for acquisition, management, maintenance or security. o A property should not require significant improvement or amenities. Exhibit "A" ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) --> CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # Date of Meeting: 3/6/2017 From: Carlene McCart Department: Community Services Date: Febreuary 21, 2017 Topic: Policy Recommendation from the Park and Recreation Commission on criteria and process by which the City will accept title for Open Space Subject: RESOLUTION TO ADOPT OPEN SPACE ACQUISITION POLICY Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ® Finance Director Remarks: Approved - MM 2/24/2017 ® City Attorney Remarks: Approved with recommended changes to Staff Report and Resolution.ETD. 2/27/17 ® Author, review and accept City Attorney / Finance changes Remarks: ® City Manager Remarks: