HomeMy WebLinkAboutLR Donation of Open Space on Gold Hill Grade____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: December 5, 2022
Disposition: Resolution 15165
Agenda Item No: SM 2.d
Meeting Date: December 5, 2022
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Library & Recreation
Prepared by: Catherine Quffa,
Library & Recreation Director
City Manager Approval: ______________
TOPIC: DONATION OF OPEN SPACE ON GOLD HILL GRADE
SUBJECT: RESOLUTION ACCEPTING THE OFFER OF DONATION FROM MARIN OPEN SPACE
TRUST OF VACANT LOT ON GOLD HILL GRADE APN 015-250-34 TO THE CITY IN
FEE FOR PERMANENT OPEN SPACE AND AUTHORIZING THE CITY MANAGER TO
EXECUTE, ON BEHALF OF THE CITY, ALL DOCUMENTS REQUIRED TO
EFFECTUATE SUCH CONVEYANCE
RECOMMENDATION:
Adopt a resolution accepting the offer of donation from Marin Open Space Trust of vacant lot on Gold Hill
Grade APN 015-250-34 to the City in fee for permanent open space and authorizing the City Manager to
execute, on behalf of the City, all documents required to effectuate such conveyance.
BACKGROUND:
On occasion, the City receives inquiries as to whether it would be interested in accepting a donation of
land for designation as San Rafael Open Space. To provide direction and consistency in how the City
approaches offers of open space, the City Council, with recommendation from the Park & Recreation
Commission, adopted an Open Space Acquisition Policy in 2017 (Attachment 2). The policy provides
specific guiding principles and a process to deliberate and decide whether to accept donations of land
as San Rafael Open Space.
In 2003, the City of San Rafael purchased two vacant parcels of land totaling 26 acres on Gold Hill
Grade (APN 015-250-28 and -55), utilizing funding from the 1972 Open Space Land Acquisition Bond
Fund and with financial support from the Marin County Open Space District and the Save Gold Hill
Committee. The parcels were designated as permanent open space and incorporated into the existing
Harry Barbier Memorial Park. After the purchase, one 2.6-acre parcel of privately owned property (APN
015-250-34) (the “Property”) remained encircled by the acquired City open space.
In September 2022, the Marin Open Space Trust (MOST) approached the City with an offer to broker
the donation of the Property to the City as permanent open space. The Property is located above the
Dominican neighborhood and maps of the Property can be found in Attachment 3. As mentioned, the
Property is entirely surrounded by Harry Barbier Memorial Park, which is existing City open space, and
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
public access is limited to a graded fire road that borders the northwest corner of the Property. The
Property is currently designated as Hillside Resource Residential in the San Rafael General Plan
2040.1
Over the past year, MOST has been working with the current Property owners, Dyanne Bailey and
Susan Grippi, and are proposing to acquire the land as a donation and then transfer title of the Property
to the City. MOST would absorb the closing costs and any other costs associated with the Property
transfer. In 2017, the City partnered with MOST to accept two parcels of land on Makin Grade to set
aside as permanent open space using a similar process.
ANALYSIS:
The City of San Rafael Open Space Acquisition Policy establishes a process as well as guiding principles
for reviewing the acquisition of open space. The responsibility for open space acquisition is established
as follows:
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.
Staff from the Administrative Services, Community Development, Fire, Library and Recreation, Police,
and Public Works departments have reviewed the proposed donation of the Property and evaluated the
proposal based on the Open Space Acquisition Policy. Staff from all departments are supportive of the
proposed acquisition and have identified the following elements of the Property that align with the Open
Space Acquisition Policy’s guiding principles:
• The Property is located within City of San Rafael City Limits.
• Adding the Property to the City’s open space portfolio would provide positive public benefit and
public utility including:
- Ensuring preservation of the natural space, environment, and existing use.
- As many users are unaware that the Property is not already part of Harry Barbier Memorial
Park, it is currently used for recreation purposes and an undesignated user trail passes
through the Property. Preservation would allow for continued recreational use.
• The Property has adjacency and/or connectivity to existing park/open space. The Property is
surrounded by existing City open space, so the City is the most logical owner for open space
preservation.
• The Property has title with no feasible alternative ownership options for preservation and
acquisition would be a fee simple title transfer. The Property title report shows that the Property
is currently owned by the two individuals that have been working with MOST and there are no
foreseeable title conflicts. In addition, MOST would secure title insurance for the City as part of
the transfer.
1 Per the San Rafael General Plan 2040: Hillside Resource Residential “is intended for privately owned land, typically with
geologic or seismic constraints that limit development potential. Such areas are often located on steep hillsides that are
visually significant and have been identified as having very limited potential through prior development proposals. Hillside
Resource Residential Areas include single family homes on very large lots, as well as undeveloped properties.”
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
• The Property has existing access via a graded fire road that passes through existing City open
space.
• The proposed acquisition of the Property was presented to the Dominican Black Canyon
Neighborhood Association and distributed through the Neighborhood Association mailing list.
Members in attendance of the meeting were supportive. (See Community Outreach section
below.)
• The Department of Public Works has evaluated the Property and determined that it is
environmentally stable and clear of significant safety or security issues. Attachment 3 shows the
location of the Property, which includes a small user trail along a ridgeline and is fully vegetated.
• Owning the Property could provide wildfire mitigation benefits if the City decided to use social
trails to increase more fuel breaks in the future.
• The location and status of the Property does not pose significant liability issues for the City.
• Acquisition of the Property would not present significant financial impact to City resources for
acquisition, management, maintenance, or security.
• The Property does not require improvements or amenities.
The San Rafael General Plan 2040 also includes policies and programs that are important to consider in
relation to the proposed acquisition.
Specifically, the Parks, Recreation, and Open Space Element states:
Policy PROS-3.1: Open Space Frame
Retain and protect San Rafael’s open space frame, including open space on the city’s perimeter
and the network of open spaces that define and connect the city’s neighborhoods. Open space
should be recognized as essential to wildlife, environmental and human health, psychological
well-being, and as a natural means of separating communities, preventing sprawl, and providing
visual relief.
Program PROS-3.1A: Criteria for Open Space Protection. Use the following criteria for
identifying and prioritizing open space parcels for future protection (the criteria are not listed in
any particular order):
a) Environmental health and safety issues and potential geologic and seismic hazards.
b) Aesthetics (visual backdrop or edge, unique site features, shoreline, ridgelines).
c) Wildlife resource value (wetlands, creeks and riparian areas, wildlife habitat and
movement corridors, and habitat for special status species).
d) Ability to sequester carbon and mitigate potential climate-related impacts, including
reduction of wildfire hazard, drought resilience, protection from sea-level rise.
e) Importance to the community as a whole and/or adjoining neighborhoods.
f) Merits of alternative uses.
g) Ability to connect existing open spaces.
h) Potential for recreational uses and/or environmental education, especially for
economically disadvantaged communities.
i) Availability of outside (non-City) financial assistance.
j) Potential maintenance and management costs and liability exposure for the City.
k) Feasibility of protection through zoning, easements, development agreements, and
other tools rather than through acquisition.
Many of the criteria for open space protection set forth in the General Plan 2040 align with the Open
Space Acquisition Policy’s guiding principles. As outlined above, many features of the Property are
supportive of the criteria for open space protection. Specifically, the Property is free of major health and
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
safety issues and geologic hazards; provides wildlife resource value in ensuring a contiguous wildlife
habitat with surrounding City open space; provides potential wildfire mitigation benefits; connects to
existing open space; would be supported financially by MOST absorbing the property transfer costs; and
requires minimal additional maintenance, management, and liability costs for the City.
Additionally, the Dominican/Black Canyon portion of the Neighborhood Element includes the following:
Policy NH-2.15: Dominican/Black Canyon Area Resources and Hazards. Proactively work to
conserve and restore natural resources and reduce environmental hazards in the
Dominican/Black Canyon area, including wildfire, landslide, and noise hazards.
Program NH-2.15C: Open Space Dedication. Consider offers to dedicate vacant sites, including
the 17.9-acre parcel at the end of Dominican Drive (also with frontage on Glen Park Avenue), as
public open space.
This acquisition of open space would support the above goals of the General Plan 2040.
COMMUNITY OUTREACH:
On Thursday, November 18, the Park and Recreation Commission received a report on the proposed
Property acquisition. The Commission voted 4-0 (with one member absent) to recommend acceptance
of the donation of the Property by the City of San Rafael to City Council. Representatives from MOST
were in attendance to answer questions from the Commission.
On Wednesday, November 9, representatives from MOST and City staff met with the Dominican Black
Canyon Neighborhood Association to present the proposed Property acquisition and to answer any
questions. As the Property is surrounded by existing City open space, there are no immediate neighbors
to the Property, however it is in closest proximity to the Dominican Black Canyon neighborhood. At the
Dominican Black Canyon Neighborhood Association, participants expressed general support for the
acquisition and several members articulated their intent to submit a formal letter of support. The
Association Board shared that they would further inform association members of the acquisition via e-
mail and encourage them to attend the November 17, Park and Recreation Commission Meeting to voice
their opinions. The City has also received direct communication from community members, which have
been included as Attachment 4.
ENVIRONMENTAL DETERMINATION:
The proposed Property acquisition is exempt from review under the California Environmental Quality Act
(CEQA) pursuant to the CEQA Guidelines section 15307 (actions for protecting natural resources) and
15308 (actions for protecting environment). Section 15307 (Class 7) consists of actions to assure the
maintenance, restoration, or enhancement of a natural resource where the regulatory process involves
procedures for protection of the environment. Section 15308 (Class 8) consists of actions to assure the
maintenance, restoration, enhancement, or protection of the environment where the regulatory process
involves procedures for protection of the environment.
FISCAL IMPACT:
There is no direct fiscal impact associated with acceptance of the donation of the Property on Gold Hill
Grade. MOST has agreed to absorb all closing costs and other expenses associated with the transfer of
Property. City staff have determined that acquisition of the Property as permanent open space would not
require significant additional City resources, financial or staffing, for ongoing management.
OPTIONS:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
The City Council has the following options to consider on this matter:
1. Adopt the resolution as presented.
2. Adopt resolution with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
Adopt a resolution accepting the offer of donation from Marin Open Space Trust of vacant lot on Gold Hill
Grade APN 015-250-34 to the City in fee for permanent open space and authorizing the City Manager to
execute, on behalf of the City, all documents required to effectuate such conveyance.
ATTACHMENTS:
1. Resolution
2. Open Space Acquisition Policy
3. Property Maps
4. Public Comment on the Proposed Property Acquisition
RESOLUTION NO. 15165
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ACCEPTING THE OFFER OF
DONATION FROM MARIN OPEN SPACE TRUST OF VACANT LOT ON GOLD HILL
GRADE APN 015-250-34 TO THE CITY IN FEE FOR PERMANENT OPEN SPACE
AND AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE
CITY, ALL DOCUMENTS REQUIRED TO EFFECTUATE SUCH CONVEYANCE
WHEREAS, in 2003, the City, with financial support from the Marin County Open Space
District and donations from the Save Gold Hill Committee, purchased two parcels of land
totaling 26 acres on Gold Hill Grade; and
WHEREAS, the two parcels were designated as City Open Space and incorporated into
the City’s existing Harry Barbier Memorial Park; and
WHEREAS, in September 2022, the Marin Open Space Trust received an offer of
donation of an additional parcel on Gold Hill Grade (APN 015-250-34) and now proposes
to transfer title, in fee, to the City of San Rafael for use as permanent open space as part
of the Harry Barbier Memorial Park; and
WHEREAS, the Park and Recreation Commission reviewed the proposal at a regular
meeting on November 17, 2022, and recommended acceptance of the donation by the
City Council; and
WHEREAS, staff of the Administrative Services, Community Development, Fire, Library
and Recreation, Police, and Public Works departments deem the acceptance of the
donation to be supportive of the City’s Open Space Acquisition Policy and of minimal
impact to City resources.
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes as
follows:
1. The City Council hereby accepts the offer of donation from Marin Open Space
Trust of vacant lot on Gold Hill Grade APN 015-250-34 to the City in fee for
permanent open space.
2. The City Manager is hereby authorized to execute, on behalf of the City, all
documents required to effectuate such conveyance.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a special meeting of the City
Council of the City of San Rafael, held on Monday, the 5th day of December 2022, by the
following vote, to wit:
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Lindsay Lara, 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.
ATTACHMENT 2
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”
SEMPLE
Assessor
APPRAISAL
r’s Parcel M
LS, INC.
Map
Pagge 19
ATTACHMENT 3
SEMPLE
Marin C
APPRAISAL
County Topo
LS, INC.
ographic Maps
Pagge 20
ATTACHMENT 3
SEMPLE APPRAISALLS, INC. Pagge 21
ATTACHMENT 3
SEMPLE
Marin C
APPRAISAL
County Aeri
LS, INC.
al Map
Pagge 22
ATTACHMENT 3
Gold Hill Fire Road Parcel (015-250-34)
Legend
Label
SITUS
Parcels
Parcels
San Rafael City Limit
City Limit Line
Marin County
Marin County
ATTACHMENT 3
