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HomeMy WebLinkAboutPark & Rec Commission 2016-09-15 Minutes1 San Rafael Park and Recreation Commission Meeting Minutes: September 21, 2016 Chair Ralph Mihan called the meeting to order at 7:00 p.m. at San Rafael City Hall Roll Call: Commissioners: Mark Bustillos, Eric Holm, Jeff Jones, Stacey Laumann, Mark Machado, Ralph Mihan, Chair, Tom Obletz, Cicily Emerson, Alternate Commissioners Present: Emmerson, Holm, Jones, Laumann, Mihan, Obletz Commissioners Absent: Bustillos, Machado Staff Present: Carlene McCart, Director, Community Services Department; Brendon Mitchel, Parks Supervisor, Public Works Department 1. Action Items A. Greenwood Avenue Lots – Offer of Dedication for Open Space Due to conflict of interest as a current Board Member of MOST, Ralph Mihan recused himself from this item discussion and left the meeting. Director McCart introduced Brendon Mitchel, newly promoted Parks Supervisor and gave an introduction to the first Agenda item. The Oakwood Subdivision was recorded in 1987 at which time the developer donated 33 acres within the Subdivision to the City of San Rafael for permanent Open Space. Of the original 47 lots zoned residential, 45 of have been developed. The two remaining lots, Lots 21 and 22 are at the end of Greenwood Avenue. Combined they are 3 acres in size and contain several public easements for utilities as well as a fire road. The lots separate Greenwood Avenue from the Oakwood Open Space. The public utilizes the fire road to access the Open Space. Marin Open Space Trust has proposed the City accept a donation of the Lots, in fee, to connect to the existing City-owned Open Space, thereby preserving the access and land now in private ownership. Two private donors will purchase the land on behalf of MOST who will immediately dedicate the land to the City of San Rafael for designated Open Space. She reviewed the proposal’s consistency with the General Plan 2020. The lots are not on the list of identified potential Open Space included in the General Plan, however the access to the Oakwood Open Space is designated as the terminus on Greenwood Avenue. The lots meet the Preservation Options criteria, and the Open Space Use criteria in the General Plan. It was noted the General Plan refers to an Open Space Management Plan that has not been developed or implemented. Currently the City has an unwritten policy to reject offers of land dedication in-fee. With no management plan, or dedicated resources to support maintenance, security or liability connected with Open Space, the City is limited to emergency response only on the existing 3,200+ City-owned acres of Open Space. There is the potential for increase City liability and maintenance from additions to the current inventory of Open Space. Land preservation currently is more commonly achieved through easements over private property City-owned land has been transferred to the Marin County Open Space District when contiguous with its land holdings and significant to County-wide use. Staff from the Police, Fire, Public Works, Community Development and Community Services Department determined that accepting the offer is not consistent with current policy, however accepting would not compromise that policy for the following reasons: 2 Park and Recreation Commission Meeting Minutes September 15, 2016 Page 2  The Lots are contiguous to the Oakwood Open Space  The Lots provide access to the Oakwood Open Space  The Lots represent only a 10% increase to the land already owned by the City of San Rafael There is City owned infrastructure (drainage) on site that currently receives annual maintenance There will be an increase in the City’s responsibility for vegetation and property management, at an unknown but estimated minimal cost. Staff also recommended a public review process to assure that residents affected by the transfer are informed about and accepting of the potential for increased traffic, parking and use of the Oakwood Open Space. The City Council heard the proposal as an Informational Item at their meeting of September 6. Over forty members of the public were in attendance and eleven spoke in favor of the City accepting the donation. The was no opposition presented. Staff was directed to provide a Title Report indicating clear title, a Soils Report, alternatives ownership structures, ADA requirements and possible resources with the gift for ongoing maintenance and liability costs. The City Council also requested a review of the proposal by the Commission in a formal public meeting. The Council deliberates the findings at their meeting on October 3. The proposal is valid through October 5. The Title Report was reviewed and deemed clear. The Soils Report, prepared in 2002 indicated there are some areas of sluffing along the cut banks of the graded trail, but not significant or critical. The potential for rapid slide movement and debris avalanches associated with on small slide on Lott 22 is not high. The Public Works Director suggests that the City can provide localized maintenance of the sluffed areas with periodic “touch-ups,” as necessary to ensure there is a clear water path on the upslope of the dirt road. The cost of installing the debris flow catchment basin will far exceed its value as the greater slide area that is upslope of these lots is on City-owned Open Space, where the City presently holds liability. MOST responded to the Council inquiry regarding alternative ownership structures to the City receiving full title. As an entity, MOST does not have the legal or organizational capacity to hold title to the property. Marin County Open Space District is the only public agency equipped to do so, but the subject properties do not meet its criteria. The donors of the subject properties are not willing to take title with the associated costs for taxes and liability. Other ownership models such as assessment districts are not feasible for the small amount of land with limited public impact and no organization has expressed a willingness to support the donation financially. If the City is not prepared or willing to accept the offer of dedication from MOST in its current structure, MOST will withdraw the offer. The subject properties will remain in private ownership and subject to development. It was determined that no ADA compliance issues are triggered by the acceptance of the properties by the City. At the conclusion of the introduction, the Commission members received confirmation that the City is not required to make payment or incur other costs for the transfer of the properties. McCart responded no financial resources were required, however staff will be required to prepare an Amendment to the General Plan, administrate the title transfer and record the merge of the properties into the Oakwood Open Space. Commissioner Jones asked if additional Police Department resources will be needed to support the additional Open Space. The seasonal Park Ranger is observing these properties currently as he conducts security periodic patrols of the Oakwood Open Space. Commissioner Obletz commended the donors for the opportunity to 3 Recreation Commission Meeting Minutes September 15, 2016 Page 3 Department will continue to respond to calls for service as it does now on public and private property. Public outreach includes notification of the parties involved, notification of residents through the Gerstle Park Neighborhood Association website and e-mail distribution data base, and notification of the City Council and Commission meetings, a total of three public hearings. The Commission received all correspondence related to the proposal to date. McCart introduced Don Dickenson, member of the Board of Directors of MOST. Mr. Dickenson explained the mission of MOST and the recent successful acquisitions of open space property county-wide that MOST helped secure. MOST was contacted by two potential donors interested in securing the two vacant lots in the Oakwood Subdivision for inclusion in the Oakwood Open Space owned by the City. The price of the two lots recently decreased to $730,000. The donors have made an all-cash offer for the lots, secured with a $20,000 deposit, with a 90-day contingency to confirm the City will accept in fee title to the properties and incorporate them into the Oakwood Open Space. October 5, 2016 is the deadline to proceed with the purchase agreement or return the security deposit. Dickenson went on to explain the City was the only appropriate entity for ownership. There is no viable alternative for preservation of the properties. He confirmed that MOST cannot accept title, that an LLC with dedicated property rights to MOST is not possible. If the proposal is unacceptable to the City there is likelihood the lots will eventually be sold and developed resulting in no public or public safety to the Oakwood Open Space from Greenwood Avenue. MOST proposes a simultaneous close of escrow to transfer the title to the City. This unique opportunity is not common. Maintenance is performed now in the form of seasonal clearing of water drainage and would not increase. The soils report on the properties indicate slight sloughing which should not increase the existing liability for the Oakwood Open Space significantly, but if the lots were developed for housing the City’s liability might increase. He requested endorsement of the proposal, and a recommendation to the City Council to accept the donation. Obletz asked if an extension to the deadline was possible if the City Council could not act on the proposal on October 3. Dickenson replied the 90 day contingency was an unusual offer by the seller and the donors are unwilling to risk the deposit if the City Council cannot respond by October 3. The deal will take three months to consummate as the title transfers, the lots are merged and the General Plan amended. Obletz asked about the viability of an LLC holding title to the properties. Dickenson replied there is no option to maintain a public right of way under an LLC due to the taxes and liability costs that would be the responsibility of the LLC. The lots may be subject to prescriptive rights which would be expensive to resolve, as would the issue of trespassing and probable gating of the access if the lots were developed. Vice Chair Holm opened the floor for public comment. Twenty-six were in attendance, 11 addressed the Commission: Rodger Roberts, resident: The subject properties, at a total of 3 acres represent a 10% increase in the current City owned Oakwood Open Space and less than .010% of the total Open Space owned by the City so the increase cost and liability is negligible. Support preservation of historic lands that are consistent with the General Plan 2020 goals. Support the proposal. Ron Moore, resident: The subject properties provide a well-used access to the Open Space now. The site is of historical significance. Support the proposal. 4 Recreation Commission Meeting Minutes September 15, 2016 Page 4 Gina Silvestri, President, Gerstle Park Neighborhood Association: The Board of Directors endorsed the proposal in a letter to the Commission. Cynthia Landecker, San Rafael Heritage: The Board of Directors sent a resolution in support of the proposal for the historical significance of the site. Tamara Peters, resident: Presented a petition with 137 signatures in support of the proposal from people who use the site to access the open space. Forty residents attended an informational meeting about the proposal. Support the proposal. Bill Carney, resident: The subject properties have habitat and environmental value, historical reference, are consistent with General Plan 2020 criterial for open space, ample parking, drainage infrastructure, and represent a small increase in Open Space the City already holds. The City is the appropriate owner. 45 letters of support have been received for the proposal. Leslie Simons, resident: Read an interpretive piece on the stage coach operation formally on the site. Support the proposal. Kay Powers, Marin Conservation League: MCL endorses the proposal Hugo Landecker, GPNA and SRH: Fire Department supports the proposal. Volunteers have cleared and cleaned the site for over 30 years and will continue to serve. There are other Open Space lands less stable than the subject lots. His organizations sent out 550 and 190 emails of notification respectfully. Karen Blackwell, resident: The presence of the access to the open space is a quality of life issue and the “perfect trail”. Support the proposal Judy Milani, resident: There is no community opposition to the proposal. Acceptance will legalize the access to the open space. Support the proposal. After public comment concluded the Commission had the following comments Jones: Is parking an issue now? There are no reports of complaints. This is a great opportunity. Obletz: The audience registered 11 positive comments and no opposition. The Commission only has authority to recommend action to the City Council where the final decision will be made. Holm: Appreciates the generous offer from the donors and the assistance of MOST. The proposal is a win- win for the City and community. It was M/s Jones/Obletz to recommend the City Council approve the offer of dedication. AYES: Emmerson, Holm, Jones, Laumann, Obletz NOES: None RECUSED: Mihan ABSENT: Bustillos, Machado 5 Park and Recreation Commission Meeting Minutes September 15, 2016 Page 5 B. Proposal for Victor Jones Park Improvements McCart introduced Stephanie Gindlesperger <Stephanie.Gindlesperger@cityofsanrafael.org>, Department of Public Works, and Engineer to the project. She addressed the Commission. The Masterplan for Victor Jones Park was revised in 2009. The Recession that immediately followed delayed progress on the Plan. The Glenwood Neighborhood Association surveyed residents on park improvement priorities. Playground renovation was the highest priority confirmed in a second survey conducted in 2016. Measure A Funding, City of San Rafael Capital Improvement Funding, and commitment of funds from the Glenwood Homeowners Association, moved the project forward in 2015. Donald A Blayney and Associates Landscape Architects were contracted to develop a design for the playground renovation, the preferred neighborhood priority for the park improvements. A Needs Assessment and community survey were completed in the Summer of 2016 and a preferred design alternative selected by residents. The preferred design alternative was presented by Donald Blayney. The design includes ADA compliant restrooms, two age appropriate playgrounds, swings, and a shade structure, plaza and bocce court. The plan retains the trees on site. Infrastructures for water, power, and drainage are serviceable for the new design. There is a combined $470,000 in funding. Design amenities will be installed in priority order according to cost capacity. Obletz inquired about Blayney’s experience in San Rafael. He replied he had designed many projects including the City entries, the Bocce Complex and Andersen Drive landscape. Obletz recognized the GHOA for its contribution of $10,000, and suggested the Marin Bocce Federation may be interested in partnering for the costs of the bocce court. Commissioner Jones asked why the project did not include the lower court areas of the park. The ADA mandates for that area of the park made those improvements costly, Blayney responded. Gindlesperger that City staff are exploring the application of micro surfacing the courts to make them serviceable. Commissioner Laumann asked for more information on the shade structure. The current arbor will be replaced and tables added underneath. Trees will remain in the Plaza area for additional shade. Is the parking safe? The on street parking is at a 10% slope. The site is too small for off street parking. She asked to re-check parking requirements and accesses. Obletz asked if volunteers could install the playground. The City would forfeit product and manufacture’s warranties if not installed by certified playground installers. Mihan asked about the capacity of the restrooms. The prefab units will be single and unisex. When the public was invited to comment Alan Rotent, resident said the park improvements were generating much neighborhood involvement. Impact Days for clean-up and small repairs attracted many neighbors. They have formed a 501©3 organization to fund raise. He will be joined by Eric Cane to raise more in addition to the $10,000 committed to the project. He requested the Commission support the renovation of the lower court areas to make them useable for the public. Kevin Hagerty, President, GHOA, recognized staff for their service, assured the Commission of the community commitment and involvement and asked for Commission support. Mihan concluded the comments with inquiries about the irrigation system and health of the trees. The restroom installation will require a new water line to serve the irrigation. Trees are in good shape. He thanked the GHOA for their work and support. 6 Park and Recreation Commission Meeting Minutes September 15, 2016 Page 6 At the conclusion of discussion it was M/s Holm/Obletz to approve the design for Victor Jones Park Improvement as presented. AYES: Emmerson, Holm, Jones, Laumann, Obletz NOES: None RECUSED: Mihan ABSENT: Bustillos, Machado 2. Commission Items A. Director’s Report McCart reported interest in a partnership between Trust for Public Land, Marin county Park Prescriptions Program and Bay Trails for improvements to Schoen Park. Tom Wilson, longtime CEO of Canal Alliance is retiring this month. Staffing shortages may affect the ability to open the pools for the remaining weeks of the aquatic season. Program stats include:  Community Services served 11,115 youth in recreation programs in FY 15/16, and 1,500 in Child Care Programs and 110 in the preschool programs in FY 15-16 for a total of 12,725 youth served.  Next week we launch 104 Afterschool Enrichment Programs  180 Canal Youth participated in Junior Giants this summer  Albert Baseball Field is rented every day of the week between now and November 7 when it closes for a well-deserved rest. Field re-opens February 1, 2017. City issues discussed were the PG&E proposal for tree removal in the Forbes neighborhood and Boyd Gate House re-occupancy. B. Falkirk Report  The Sculpture Walk Exhibit at Falkirk was viewed by 3,000 visitors  85 artists have submitted entries for the Fall Open Jury Art Show at Falkirk C. Parks Report Supervisor Mitchel reported on seasonal maintenance activity including street median landscape pruning and catch basis/drainage clearing of debris. D. Commission Members Time E. Approval of Minutes, September 15, 2016 AYES: Emmerson, Holm, Jones, Laumann, Obletz NOES: None RECUSED: Mihan ABSENT: Bustillos, Machado 3. Adjournment The meeting was adjourned at 9:25 p.m.