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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. 2 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. 3 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.