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HomeMy WebLinkAboutItem 8.4 MOU EBRPD OpenSpace CITY CLE[ K File # I/ AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 17, 2002 SUBJECT: Memorandum of Understanding (MOU) between the City of Dublin and the East Bay Regional Park District (District) for funding consultant services to pursue implementation of an Open Space Preserve in the City's Western Extended Planning Area (Report Prepared by: Eddie Peabody, Jr., Director of Community Development) ATTACHMENTS: 1. Memorandum of Understanding 2. Resolution approving Memorandum of Understanding 3. City of Dublin Budget Change Form RECOMMENDATION: 1. Adopt Resolution and authorize Mayor to execute Memorandum of Understanding Appropriate an amount of $10,000 for professional services incidental to completing the terms of the MOU. 3. Direct Staff to collaborate with District toward completing the requirements of the MOU. 4. Select City Council Member to attend District Board Meeting at Shadow Cliffs on December 18, 2002 in support of this action. FINANCIAL STATEMENT: City has an ongoing consulting contract with EPS that was approved in June 2002. The MOU requires the City to commit an additional $10,000 as a contribution to the Preliminary Design and Feasibility Analysis to be completed by April 2003. The District will contribute $10,000 as well for this effort. PROJECT DESCRIPTION In July 2002 the City Council authorized staff and consultant EPS to pursue implementation of an open space preserve in the City's Western Extended Planning Area. Specifically, staff and consultant were directed to cooperate with the staff of the East Bay Regional Park District in preparing a Memorandum of Understanding (MOU) that defines how the two jurisdictions could collaborate towards creating the open space preserve while at the same time completing the Regional Trail that the District has been pursuing, through land acquisitions along the ridge for a number of years. The City has studied this matter during the past several years. Two reports have been prepared, Open Space Preservation Options for the Western Dublin Extended Planning Area (June 2000) and an Implementation Report (March 2002). COPIES TO: Applicant(s) Property Owners PA file ITEM NO. ~.~ q, During the past several months staff and consultant have worked cooperatively with the staff of the East Bay Regional Park District (District) to draft MOU terms. As a part of this effort, a City Council/Board Liaison Committee meeting was held with representatives of the City Council and the District Board of Directors. The meeting, held on October 29th was attended by Mayor Lockhart and Council member McCormick and District Board Member Lane, along with staff from both jurisdictions. This meeting was held to discuss the draft MOU terms and the merits of bringing the matter to the full Council and Board of Directors meetings, respectively. The Liaison Committee members present directed their respective staffs to bring the item forward at meetings scheduled in December. The Draft MOU expressed the mutual interest that the City and the District have in the Western Extended Planning Area. Briefly, the District has made substantial land acquisitions along the ridgeline to complete its regional ridgeline trail. Ultimately, this trail will connect Pleasanton Ridge with Las Trampas and other District regional open space and parks. Several additional acquisitions are necessary to complete the trail. The City, as a matter of Council direction, has expressed interest in preserving a substantial portion of the Western Dublin Planning Area as open space, especially the easterly lying slopes that form an important "visual backdrop" for the City. The MOU commits the City and the District to study the feasibility of how the open space would be accessed and used; specifically, the location of staging areas and lateral trails providing' access to the regional trail from Dublin and the potential for access and active recreation in the Martin Canyon area. The MOU also requires the City and District to pursue options for funding land acquisition and improvement and maintenance costs, including State grants and local sources. The initial feasibility analysis and funding efforts specified in the MOU are envisioned primarily as a staff effort, engaging staff expertise from the City and the District, with assistance from specialized consultants as may be necessary. EPS, under a prior agreement with the City, will continue to assist the City in the matter. Completion of the term's specified in the MOU will provide the City and the District with the information and organization necessary to obtain and commit funding, initiate land acquisitions, and conduct more thorough planning and design efforts for the West Dublin Regional Open Space Area. The East Bay Regional Parks District Board will consider this MOU at it's December 18, 2002 meeting at Shadow Cliffs in Pleasanton. RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution and authorize the Mayor to approve and execute the MOU, appropriate an amount of $10,000 for professional services costs incidental to completing the terms of the MOU, direct Staff to collaborate with District toward completing the requirements of the MOU, and finally, to select a City Council Member to appear at the District meeting in support of the MOU. G:LA_gendasX2002\CC Staff Report MOU 12-17-02.doc MEMORANDUM OF UNDERSTANDING Between the City of Dublin and the East Bay Regional Park District regarding the creation and operation of a new Regional Open Space Area located in the Western Dublin Extended Planning Area PURPOSE This Memorandum of Understanding (MOU) outlines an agreement between the City of Dublin (City) and the East Bay Regional Park District (EBRPD) regarding creation of a new Regional Open Space Area located within the Western Dublin Extended Planning Area (Area). The EBRPD has planned a regional park and trail transecting the Area from north to south along the major ridgeline that bisects the Area and has made land acquisitions alongthe proposed trail alignment. The City Council, following its General Plan,.a voter initiative, and analysis of the area's open space potential, has directed that the Area remain as open space, with emphasis upon the eastern slopes of the Area that face the City. The combination of these recent actions by the two jurisdictions creates the potential for expanding the emerging Regional Park and Trail into a substantial Regional Open Space linking the ridgeline Regional Park and trail with the edge of the City lying to the east and permanently securing this land as permanent open space. This agreement includes specific terms that, when and if acted upon by the two jurisdictions, will specify how the Dublin Hills Regional Open Space Area can be created through a cooperative effort of the City and District. Given the EBRPD's recent acquisitions and the City's commitment to keep the area in open space, opportunities exist for the City and the EBRPD to cooperate in various ways, including merging funding sources for acquisition and establishing funding for park improvements and maintenance. Such cooperation will also enhance the possibility of attracting other outside funding, thus benefiting and furthering the mission of both jurisdictions BACKGROUND The Western Dublin Extended Planning Area is an unincorporated area of approximately 3,100 acres lying immediately west of the existing City limits and bounded by the communities of Dublin to the east, San Ramon and Contra Costa County to the north, and Eden Canyon Road (Castro Valley) on the west. The Area is zoned by the County of Alameda as "Agricultural", which sets a minimum parcel size of 100 acres and limits uses to those related to agricultural production. Because this area is withLn the City of Dublin's "Sphere of Influence" as designated by the Alameda Local Agency Formation Commission, it could be annexed by the City. Over the past 20 years, portions of the area have been annexed to the City during the 1990's and development approvals were granted at that time. However, development of Schaefer Ranch has been delayed by Federal regulatory requirements associated with threatened and MOU Between City of Dublin and East Bay Regional Parks District Page 1 December 10, 2002 AI AUr'tM_NT 2 endangered species. In February 1999, the Dublin City Council adopted a resolution to initiate a General Plan Amendment Study of those properties within the Western Dublin Extended Planning Area and also to submit a measure to the voters for adoption of an Urban Limit Line (ULL) at the existing. City limit and requiring voter approval for any future land use change applications in the Area. Dublin voters approved Measure "M' in November of 2000, creating a ULL along the City limits and designating lands west of the ULL as Rural Residential/Agriculture in the Dublin General Plan. This land use designation limits new development to one unit per 100 gross acres for the next 30 years if the property is annexed to the City, unless voters approve a variance.from this regulation. The intent of the ULL is to protect natural resources in this area, and to restrict further development in the western hills, by directing future development to other areas of Dublin that are less constrained and where urban services can be provided in a more efficient manner. As part of the General Plan Amendment Study initiated in 1999, the City Council also requested that an open space preservation study be conducted in order to consider options'for permanently preserving open space in the Area, including methods for compensating landowners who could potentially be affected by the ULL and related land use restrictions. The resulting report, Open Space Preservation Options for the Western Dublin Extended Planning Area, contained open space preservation strategies that were presented in a series of public meetings. The report was presented to and received by the Dublin City Councilin June of 2000. The City Council subsequently directed the preparation of a follow-up Implementation Report to examine specific options for' acquiring, or otherwise preserving, open space .within the eastern portion of the Western Dublin Extended Planning Area, i.e., that area lying eastward of the prominent ridgeline that bisects the Area. This eastern sub-area of the Western Dublin Extended Planning Area is held in several large ownerships including several large parcels totaling approximately 500 acres recently acquired by the EBRPD as a part of its efforts to complete a regional park and trail. The remaining private properties in the eastern sub-area include properties owned by the Nielsen family (approximately 444 acres) and the Milestone Partnership (approximately 176 acres). The City Council, as a part of its review of the Implementation Report in March 2002 directed City staff to explore the potential for creating a Regional Open Space area in cooperation with the EBRPD and return to the City Council with specific proposals. FINDINGS AND MUTUAL BENEFITS 1. The EBRPD is completing land acquisitions for a proposed regional park and trail extending from the south along the prominent ridgeline that bisects Dublin's Western Extended Planning Area northward to the Contra Costa County line. The Regional Park and trail was included in the EBRPD 1997 Master Plan. The EBRPD has recently made substantial land acquisitions in the Area as part of its efforts to establish this regional park and trail, MOU Between City of Dublin and East Bay Regional Parks District Page 2 December 10, 2002 including approximately 500 acres within the Western Dublin Extended Planning Area. 2. Adding territory east of the EBRPD holdings will link the regional trail to local, trails developed by the City for residents of the City and other regional parks users. This linkage will enhance the use of the regional trail and create a significant recreational'and visual amenity for the City, residents, of the Tri- Valley Area, and entire East Bay region. 3. The City seeks to preserve open space and a visual backdrop at its current western edge. Establishing a Regional Open Space Area will achieve this objective while enhancing recreational opportunities for Dublin residents. 4. The City seeks to enhance active recreation facilities on the West side of the City. A portion of the Regional Open Space Area immediately adjacent to the City may be suitable for certain active recreation uses such as picnicking and play areas that could serve local park functions for the City. 5. The residential nature of the City's western edge and limited access from major transportation routes will require careful planning of lateral access trails and the related staging and parking areas. 6. The Regional Open Space Area will improve the quality of life for Dublin residents and for residents throughout the region by providing convenient recreational access to a prominent ridgeline lying above one of the most economically vital portions of the Bay Area. Open space and habitat protection and the preservation of an important viewshed will also confer economic benefits including improved property values, particularly in western Dublin near the Regional Open space Area and retail sales activity associated with Regional Open Space use. 7. The EBRPD has spent approximately $1.7 million to date on acquisitions along the Dublin Hills ridgeline and has limited funds available for additional acquisitions of land or trail easements in the Study Area. The EBRPD and the City are eligible for direct funding from the State conservation bond approved by voters as Proposition 12 in March 2000 and Proposition 40 in March 2002. The EBRPD can also compete for other statewide grants from resource agencies and from private foundations. 8. The EBRPD has experienced increasing public demands for its park, open. space and trail activities in the face of limited revenue growth. In recent years it has sought financial support for maintenance of parklands'that provide special benefits to local communities through locally imposed assessment districts. Such an assessment district has already been created in Dublin as a part of a subdivision approval. MOU Between CiO; of Dublin and East Bay Regional Parks District Page 3 December 1 O, 2002 AGREEMENT PRELIMINARY DESIGN AND FEASIBILITY ANALYSIS 1. Preliminary_ design. The City and the EBRPD will engage in a cooperative preliminary design effort site to determine recreational opportunities, constraints, and potential costs. Key elements of the collaborative preliminary design effort will include the following: · Regional Park and Trail. The location of the regional park and the alignment of the regional trail are largely determined. Minor adjustments may be considered to accommodate the possible lateral trail connections. It will also be necessary to review trail alignment and connections southward in view of the uncertainties regarding the Schaefer Ranch. · Natural Resource Opportunities and Constraints. A generalized and preliminar~resource ex~aluation of the natural resource opportunities and constraints will be needed. The evaluation will include consideration of biological resources such as red-legged frog and Alameda Whipsnake, as well as wildfire management and landslide pOtential. Much of this information has previously been developed by the City or other jurisdictions or agencies. · Lateral Trails and Staging Areas. There are several rather obvious corridors for lateral trails, especially along existing ranch roads and ridgelines. Martin Canyon, with its existing trail created by the City is also an obvious possible alignment. Existing public street terminations including those at Brittany Lane and Marwick Drive offer opportunities for lateral trail termini and small staging/parking areas. · Developed Park Site. There is potential for limited local park development in Martin Canyon. This park area could be modeled on local community parks or District parks that include picnic and play areas as well as staging areas for the Regional Trail and surrounding Open Space Area. The preliminary staff design of the Regional Open Space Area will be used to provide preliminary cost estimates and to assess feasibility of specific potential components. The preliminary design and feasibility analysis will also be used to inform the public regarding the proposal including residents of Dublin and the EBRPD as a whole, with the objective of gaining public support. 2. Public Review Process. The EBRPD and the City agree to jointly sponsor informational reports where the concept of the Regional Open Space Area and its preliminary design and related components, once completed, can be presented and discussed with members of the public-at-large. District Board MOU Between City of Dublin and East Bay Regional Parks District Page 4 December 10, 2002 meetings and regular City Council meeting agenda items can serve this purpose. 3. Initiate Funding and Acquisition Efforts. Following public review, the EBRPD Board and the City Council may direct their respective staffs to commence acquisition efforts, appropriate funding, and initiate efforts to obtain additional funding as may be necessary to support acquisition, development, and maintenance of the new Regional Open Space. However, completion of these actions will not preclude either agency's ability to acquire land or obtain independent funds during this process. ACQUISITION AND DEVELOPMENT 4. Funding Acquisition Costs. The District has recently expended approximately $3 million to acquire lands in the Dublin's Western Extended Planning Area, including properties identified for open space preservation in the City's Implementation Report. Therefore, to supplement the lands previously acquired by the EBRPD, acquisition of remaining private property may be funded from funds contributed by the City and grants and other funding developed in cooperation with EBRPD. Following the decision to proceed a detailed Funding Agreement will be cooperatively developed by the two jurisdictions and approved by their respective Board of Directors and City Council that defines the sources of funding and the relative contribution of the two jurisdictions to Open Space acquisition, development and maintenance. 5. Acquisition Process. Following completion of the Funding Agreement, the EBRPD will lead the acquisition effort for the additional properties proposed for inclusion in the Open Space including, but not limited to, the Milestone (Cronin) property and the Nielsen property. 6. Ownership. It is assumed that the purchase will be cash transactions. The EBRPD will hold title to the open space lands in a manner similar to its other parkland holdings. If a portion of the Area proves suitable for a local park, this portion should be divided and held in fee by the City of Dublin. 7. Master plan and park development. Following acquisition of the remaining parcels to be included in the Regional Open Space, a formal land use planning process can be undertaken. The land use plan will be a cooperative effort, reflecting the close proximity of the Regional Open Space to Dublin. Trail and other Regional Open Space development will occur in accordance with funding availabil~ity and the capital improvement programs of the two jurisdictions. It is assumed that actual development of Open Space facilities (trails, etc.) will occur over time as funding is secured for both development and long-term maintenance. MOU Between Cit~ of Dublin and East Bay Regional Parks District Page 5 December lO, 2002 PARK MAINTENANCE 8. Agricultural Grazing. It is assumed that the larger portion of the potential Regional Open Space will continue in its existing historical use for grazing and a resource and fire fuel management tool. Thus, it will resemble other regional parks that combine extensive grazing operations with regional trails and park uses. Grazing operations will prOvide maintenance of fuel loads and limit encroachment of brush land. 9. Trail and Facili _ty Maintenance. The EBRPD will integrate the Regional Open Space Area into its overall maintenance operation. The City would assume maintenance responsibility for the local park, if it is created. 10. Public Safe.tX. The EBRPD will integrate the Regional Open Space Area into its overall security operation. Given the proximity to the City of Dublin and its associated police and fire protections services, the City and District will study response requirements for incidents in the Regional Open Space Area. As is the case with other Regional Parks, the EBRPD public safety staff (rangers, police, and fire protection) will cooperate with, City staff to achieve mutual security and safety objectives. 11. Maintenance Funding. The generally undeveloped quality of the Regional Open Space will limit maintenance costs; however, certain costs will accrue and will require ongoing funding. The City and the EBRPD will cooperate in investigating possibilities for a stable source for offsetting Regional Open Space maintenance costs in conjunction with any capital conStruction or park facility opening. AGREEMENT IMPLEMENTATION 12. Preliminary_ Design Team Assignment. The EBRPD and the City shall designate a senior staff person to participate in a staff-composed "design team." The design team will prepare simple conceptual designs for the Regional Open Space, focusing upon the alignment of the lateral trails (approaching the regional trail from the east) and potential locations for staging and parking facilities. The design team will also explore the feasibility of creating a developed park site in Martin Canyon, carefully observing natural resources and access-related constraints. The parties agree that final designs for Regional Open Space improvements will be preceded by an agreement concerning the parties' relative responsibilities, rights, and obligations with respect to the design of the improvements. 13. Financing Team Assignment. The EBRPD and the City shall designate an appropriate staff person to participate in a staff-composed "financing team." The financing team, on a priority basis, will prepare the draft Funding Agreement for the Regional Open Space, taking account of funding available MOU Between City of Dublin and East Bay Regional Parks District Page 6 December 10, 2002 from the EBRPD, the City, and other agencies, pursuant to the commitments expressed in this MOU: The Funding Agreement will be based upon a "total cost" estimate including acquisition, development, and maintenance costs as estimated by the Design Team. The two jurisdictions will consider funding these costs based upon their capabilities and preferences. 14. Acquisition Team Assignment. The EBRPD and the City shall designate an appropriate staff person to participate.in an "acquisition team". The EBRPD will lead the acquisition effort and conduct the required negotiations with property owners. The City staff will play a supporting role, assist with negotiation strategy, and help fund the transaction costs. Following standard acquisition procedures and with appropriate coordination between the two jurisdictions, the EBRPD staff will initiate acquisition efforts with the private property owners. 15. Preliminary Design and Feasibili _fy Analysis Cost Sharing. The City of Dublin and the EBRPD shall commit necessary staff resources to the implementation of this Agreement to complete the tasks described herein. Any incidental costs that are mutually agreed to, including additional appraisals, limited design services, financial analysis, etc. shall be equally shared by the City and the EBRPD. The two agencies hereby commit $10,000 each (a total of $20,000) to cover such incidental costs. 16. Schedule for Preliminary Design and Feasibili _ty Analysis. It is expected that the cooperative design and feasibility effort described above will be completed over a three to four month period, ending no later than mid-April 2003. During this period the two jurisdictions may initiate funding efforts (e.g. grant applications) or property acquisition, as opportunities arise, subject to Board of Directors and Council approval. EFFECTIVE DATE This agreement shall be effective upon execution. AMENDMENT This MOU may not be amended except in writing. Any such amendment must be approved and executed by both parties. MOU Between City of Dublin and East Bay Regional Parks District Page 7 December I0. 2002 SEVERABILITY Should any portion of this MOU be determined by any court or other tribunal having jurisdiction to make such a determination to be illegal, invalid or otherwise unenforceable or ineffectual, the validity of the remaining portions of the MOU shall not be affected by that determination. ATTEST CITY OF DUBLIN A California municipal corporation Dated: By: Name: Title: Approved as to form: Attest: By:. City Attorney City Clerk Dated: EAST BAY REGIONAL PARKS DISTRICT Dated: By: Name: Title: Approved as to form: By:. District Attorney Dated: MOU Between City of Dublin and East Bay Regional Parks District Page 8 December 10, 2002 RESOLUTION NO. - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBLIN AND EAST BAY REGIONAL PARKS DISTRICT (ESRPD) WHEREAS, in July of 2002, the City Council authorized staff and Economic Planning Systems (consultant) to pursue implementation of an open space preserve in the City's Westem Extended Planning Area; and WHEREAS, Staff and consultant were directed to cooperate with the staff of the East Bay Regional Park District in preparing a draft Memorandum of Understanding (MOU) that defines how the two jurisdictions could collaborate towards creating the open space preserve; and WHEREAS, Staff and consultant have worked cooperatively with East Bay Regional Park District to draft the terms of the MOU and were directed to bring the matter to the full Council and Board of Directors meetings, respectively; and WHEREAS, the MOU requires the City to appropriate an amount of $10,000 for professional services incidental to completing the terms of the MOU; and WHEREAS, the City shall select a City Council Member to attend the District Board Meeting at Shadow Cliffs on December 18, 2002 in support of this action. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the attached Memorandum of Understanding and agrees to the obligations set forth in the MemOrandum of Understanding. PASSES, APPROVED AND ADOPTED this 17th day of December, 2002 AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:agendaJ2002/CC Staff Report MOU 12-17 ATTACHMENT 2. CITY OF DUBLIN BUDGET CHANGE FORM CHANGE FORM # New Appropriations (City Council Approval Required): Budget Transfers: 'From Unappropriated Reserves From Budgeted Contingent Reserve (10800-799.00.0) (If Other than General Fund, Fund No - Within Same Department Activity XX__ From Downtown/Open Space Reserves Between Departments (City Council Approval Required) Other Name: Name: General Fund - Planning - Contract $10,000 Services Account #: Account #: 001.90100.740.000 Name: Name: Account #: Account #: Name: Name: Account #: Account #: Name: Name: Account #: Account #: Name: Name: ACcount #: Account #: ASD/Fin Mgr Date: Signature REASON FOR BUDGET CHANGE ENTRY: The City of Dublin will hire a consultant to jointly work with the East Bay Regional Park District on the task of preliminary design and feasibility analysis and as a part o£the Memorandum of Understanding both agencies will commit $10,000 each in order to complete this project in the next 3-4 months. City Manager: Date: Signature As approved at the City Council Meeting on: Date: Mayor: Date: Signature Posted By: Date: Signature ,::,~.~o~,~o~-~,~g~, ~,~,~,.~o~ ATTACHMENT 3