HomeMy WebLinkAbout101-Quarry Staff Report.pdf SARATOGA CITY COUNCIL
MEETING DATE: August 17, 2011 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Richard Taylor, DIRECTOR: John Cherbone
City Attorney
SUBJECT: Acquisition of Congress Springs property from the County of Santa
Clara including dedication of Conservation Easement to the County of
Santa Clara and the Midpeninsula Regional Open Space District and
adoption of a Negative Declaration.
RECOMMENDED ACTION: Approve the attached resolution (1) adopting the
Negative Declaration for the acquisition and easement; (2) approving a project funding
agreement with Midpeninsula Regional Open Space District (MROSD) and County of
Santa Clara Parks and Recreation Department; (3) approving a purchase agreement with
Santa Clara County Roads Department; and (4) granting a conservation easement to the
County of Santa Clara and the MROSD.
REPORT SUMMARY:
The project proposes the City’s acquisition of the Congress Springs Property from the
County of Santa Clara (with joint funding from the MROSD and the County of Santa
Clara Parks and Recreation Department) for open space and trail use subject to a
conservation easement over the Property in favor of the MROSD and the County of Santa
Clara. The site would be closed to public access until completion of a final management
plan.
The property is designated as “Regional Park, Existing” in the Santa Clara County
General Plan and pre-designated as Open Space-Hillside in the City of Saratoga General
Plan. The property is in an area identified in existing plans (i.e., the City of Saratoga
Open Space/Conservation Element, 2007 and the City of Saratoga Circulation and Scenic
Highway Element, 2010) for a future public trail corridor. This trail corridor is referred
to as the Saratoga-to-the-Sea Trail and would connect to the Skyline-to-the-Sea Trail,
which currently begins at Saratoga Gap on the crest of the Santa Cruz Mountains. The
property would also provide regional park connections through the Tollgate area to the
Parker Ranch Open Space and the Fremont Older Open Space Preserve. The property is
zoned HS-D1 (Hillside Design Review) by Santa Clara County and pre-zoned
Residential-Open Space by the City of Saratoga.
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The attached map (Attachment 1) shows the project site and a small area of the original
property that will be retained by the County Roads Department.
Because the open space will provide regional as well as local benefits, the City has been
working with County Parks and Recreation and MROSD to acquire and preserve the
property as open space. The property was appraised at $1,150,000.00 and is being sold
for $1,000,000.00. The County Parks and Recreation Department is contributing
$500,000 to the acquisition and MROSD and Saratoga are each contributing $250,000.
Attached is a resolution that approves three agreements:
1. Funding and Acquisition Agreement: the City, County Parks and Recreation, and
MROSD agree to jointly fund the acquisition as described above.
2. Purchase Agreement: the City acquires the property from the County.
3. Conservation Easement: ensures the property is preserved and protected as open space
in perpetuity and sets forth a framework for further design and implementation of the
trail.
MROSD is scheduled to consider final action on the project on September 14 and the
County Board of Supervisors will consider the agreements and easement on September
27.
An Initial Study and proposed Negative Declaration (IS/ND) were prepared and
circulated for public review and comment from June 27, 2011 to July 27, 2011. A copy
of the IS/ND is available for review at
http://www.saratoga.ca.us/civica/filebank/blobdload.asp?BlobID=5923.
The City provided notice of the public comment period through an advertisement in the
local newspaper, through a mailing to residents in the vicinity of the project, and through
the City’s website. In addition, the IS/ND was made available to the public in hard copy
at the City offices and the Saratoga Library and electronically on the City’s website. The
City received two written comments during the 30-day review period; both comments
were in support of the Project and are included as attachment 2.
The Initial Study found that the project would not have a significant adverse effect on the
environment. The City Council must review and consider the ND in connection with its
approval of the property acquisition. The IS and ND would be approved by the attached
resolution.
FISCAL IMPACTS:
The cost of this acquisition is $250,000, which is included in Capital Improvement
Program project 9281-001. Following acquisition there will be costs for maintaining the
property, developing a master plan, and planning and developing the trail. The CIP also
includes an allocation for these capital expenses.
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CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The site would not be acquired by the City; the County would make other plans to dispose
of the property.
ALTERNATIVE ACTION: Propose alternative terms to those in the draft agreements prepared by staff of the
agencies involved.
FOLLOW UP ACTION:
Staff will inform the other agencies of the Council’s decision, file a CEQA Notice of
Determination with the County, and proceed with closing the real estate transactions upon
approval of the other agencies. After the acquisition is complete, staff will process a
General Plan Amendment to change the site’s designation from “Open Space – Hillside”
to “Open Space – Outdoor Recreation,” an ordinance adding a zoning overlay of
Agriculture Reserve/Open Space, and an amendment of the Parks and Trails Master Plan
to reflect the new ownership.
ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government
Code 54954.2, this item was properly posted as a City Council agenda item and was
included in the packet made available on the City’s website in advance of the meeting. A
copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
1. Map of Congress Springs Road property
2. Comment letters received.
3. Resolution adopting the Negative Declaration and approving Funding Agreement,
Purchase Agreement, and Grant Deed of Conservation Easement including each
agreement and the easement.