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HomeMy WebLinkAboutMINUTES - 09281999 - SD2 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DENNISBARRY,DIRECTOR, COMMUNITY DEVELOPMENT DATE: September 28, 1999 SUBJECT": JONT T USE OF COUNTY PROPERTY SPECIFIC REQUEST(S)OR Ra COP✓IMENOAMN{S}&BACKGROLND AND JUSTIFICATION Iff _Recommended Action: ACCEPT reportfrom the Rublic Works Director and Director of Comm-anity Development and REFER. the issue of "Joint ase" of County property to the Finance Committee for recommendation back to the Board of Supervisors, 11. llnaneialImpact: Staff time involved in preparing report and working with the Finance Committee to develop recommendations. Continued can Attachment: � SIGNATURE: -- — _ RECOMMENDATION OF BOARD COMMITTEE APPROVE _ OTHER SI NA'I'U E S : ACTION OF BOARD ON �� ';`APPROVED AS RECOMMENDED HEIR "VOTE OF SUPERVISORS � -- UNANIMOUS(ABSENT AWES: I hereby�.� 'that INS I a true and Corrs^ #� �� i f _ � � ABSENT: %�NOESABS'T`AIN: an ction takers and entered on the ininutes of t, Soei d of Supervisors on the date shown. :lactrn ninai clz\lac>jssiz�t�as� ATTESTED: n Orig.Div-Public Works ;BATCHELOR,Clerk of°,�"�Board Contact: (Ivlitc0 Avalon-31?-2 J3} of SuPeniisom it County Administrator sc: T Enea,CAC .# Gregory,CAO ` p J.Kennedy,dy,CITU B J.Bueren,PWD Y Deply PDunem. s.Tonga,Risk Management County Counsel B.Gilbert,General Services Joint lyse of County Parcels Page 2 I Reasons for Regomrnendiatious and Back rounel: 1. Proposal The Public Works Department and the iron Horse Corridor Advisory Committee are Preparing a management program for the forcer Southern Pacific Right of Way.Part of this management program is to identify portions of the right-of-way where installation of landscaping would be allowed as a"joint use," The primary use of the Southern Pacific light of Way is a transportation and utility corridor. Portions of the right-of-way are being identified where the installation of landscaping could be compatible with this primary use. One of ttrie .Advisory Committee members, Peter Duncan, has taken this concept and is proposing to expand it to other County owned parcels throughout the County. He proposes to identify all vacant County owned land and determine which ones could b� used for joint use. "Joint use" means allowing the use of County owned property for landscaping,parks, or recreational use, as long as it is compatible with the primary use for which the County owns the property. Mr. Duncan proposes the following activities to accomplish a joint use project; • Inventory all vacant County owned parcels • identify which parcels cannot be used for joint use • Identify which parcels can be used for joint use • ldentifywhich parcels are surplus and could be sold. • Establish a volunteer committee to do the above items and to advise the Board • Designate appropriate parcels suitable for joint use. Mr. Duncan does not propose to landscape any parcels at this time, but rather to make it possible in the future when the opportunity arises. This report,However,looks at the issues associated with the joint use of County owned parcels, including ',implementation of landscaping, so that the issues are identified for the entire process and intent of the joint use project. 2. Background The County owns parcels throughout the County. These parcels are often vacant and unused remnants of properties acquired for road or drainage purposes or other County projects. Some parcels are retained for a specific purpose, such as a maintenance activity along a flood control channel or to maintain a subdrain alongside a slide-prone area of a road. Clther parcels, however, are remnant parcels which.the County has no particular need for, nor any ability to sell. Surplus parcels that the County has no use for and can be sold are usually disposed of as the projects for which the parcels were purchased are completed. Public Works and FloodControl"manage"approximately 390 vacant or unused parcels throughout the County. There are undoubtedly other parcels managed by other (departments in the Joint Use of County Parcels Page 3 County, so the list of County owned vacant parcels is quite extensive.' As an example of his proposal, Mr. Duncan has identified a number of parcels that he believes would have the potential for joint use. Staff has met with Mr. Duncan and has reviewed ten of these parcels as a "pilot" project to identify the issues associated with the joint use of County parcels. Mr. Duncan is proposing that a committee be created to inventory all of the County's vacant and unused parcels and determine which of theme would be suitable for joint use. He is not proposing to perforin any actual construction at this time. However, the intent is to ultimately landscape or otherwise have joint use facilities-installed on the property. This report identifies and reviews all of the issues associated with the entire joint use concept, from identifying,the parcels to implementation of joint use facilities. 3. Joint Use Committee The proposal is for the Board of Supervisors to form an advisory committee to develop the joint use project. The committee membership would be made up of volunteers interested in the joint use concept,plus a county staff person to staff the committee. The committee would have six primary tasks to carry out in order to accomplish its mission. Those tasks are as follows: a. Inventory The committee would develop an inventory of all vacant or unused County owned property, and identify which County department manages the property, determine the property's primary purpose, determine what encumbrances are on the property, and identify what physical structures are currently located there. The inventory may also identifysurplus parcels that the County could sell or otherwise dispose of: b. Principles of Management The committee would develop a statement of principles under which joint- use projects could be undertaken.. This statement would address the issues of suitability, liability,funding, construction, and maintenance. These principles could be developed from those outlined in the landscaping component of the management program for the Iron.Horse Corridor. The principles would have to be compatible with the property management need of the particular County department that"owns"the property. C. Joint Use The committee would identify parcels from the inventory list,which they feel Joint Use of County Parcels Mage 4 have the potential for joint use. The committee wouldthen work with the County department managing that specific parcel on the feasibility of joint use, compatible with the primary use of the parcel. d. Funding Once the parcels for joint use have been identified, the committee can seek funding to construct and maintain the joint use facilities. e. Construction When funding has been located, the conunittee would facilitate construction of the joint use improvement. The construction could be performed in several different ways depending on the extent of improvements. Volunteers could be utilized to construct minor improvements or the County or other public agency (city, .Park District, Special Districts, etc.) could construct improvements,or the committee, perhaps through a non-profit corporation, could construct the improvements. f Maintenance The committee will ensure that all joint use improvements are constructed with a provision for long term maintenance which is acceptable to staff. The committee would have to work through a public process to perform the above tasks. There are many neighborhood and community groups in the County that are interested in improving the quality of life of their neighborhood or community. The committee would be working with a myriad of different local groups depending on where the County owned parcels are located that are proposed for join"use.The staff member' to the committee would perforin standard support functions for the committee such as meeting minutes, scheduling meetings, arranging for meeting locations,reporting to the Beard on a routine basis, coordinating with.other County departments and record keeping. 4. Advantages and Disadvantages There are several advantages and disadvantages to the County if this proposal is implemented. Some of the advantages for developing joint use parcels,are as follows: a. Returns extra value to the community for tax dollars already invested. b. Improved "quality of life" for County citizens near joint use parcels C. Increased property values adjacent to joint use parcels .............................................................................................. Joint Use of County Parcels Page 5 d. Vacant County land is put to some beneficial interim use e. Potential reduction in crime as more people will use an area if that area is well maintained f 11L71ocal volunteers get involved they will have greater interest in caring for the land 9- Attraction of State and Federal grant money to develop the joint use parcels h. Park dedication fees could possibly be used to landscape"pocket parks"near where people live i. The development of joint use parcels could be used for educational purposes or to assist disadvantaged youth as a self-help program through the construction of improvements j. Provides opportunity to partner with private industry k. Some properties that now attract garbage and litter would be cleaned up. There are also some disadvantages to the, County in allowing the use of County owned parcels for Joint use. Some of the disadvantages are as follows: a. Liability exposure when the public is allowed access to County owned property b. Uncertainty of long term maintenance ofjoint use improvements C. Potential concern for security when the public is allowed access on County owned properties that are not highly visible or well lit d. Potential additional costs to the County above and beyond the normal management cost of County property when there is joint.use of a parcel C. Experience has shown that when a county owned parcel has been landscaped and used by the public for many years and the County then wants to use it for its primary purpose, the public will oppose the County's project on that -parcel. This adds additional costs to the County project, and may jeopardize the project altogether f. Potential increase and demand for services and/or complaints from the public regarding the use of County owned property 9. There most likely would not be an entity with whom the County enters into an agreement for the joint use of a County owned parcel. In those cases,there would be no mechanism for providing conditions for the joint use, or providing constructive notice of the County's intent to utilize the parcel for its primary use in the future h. Potential restriction of as yet identified future use of County owned property i. Increased difficulty in selling County owned properties that become surplus j. Small "pocket parks" tend to be more expensive to maintain. Some park districts discourage the development of these small pafks. _........ ......._. ._._..._. ....... ...... ....... ......... .......... ........ ..................._............_...... .._...._.. ......... ._........_._.._.. .. ........ ......... Joint Ilse of County Parcels Page 6 5. Issues There are several issues for the County in allowing County owned parcels to have joint use facilities. These,issues are explored in detail below: A. Liability A�n.,t; e the County allows the public onto County owned property,there is liability exposure. The degree of exposure increases in proportion to the attraction or degree of use of the property. If a County property is simply landscaped,for example, the liability exposure would be less than if the property had park benches, picnic tables and sandboxes that would attract more users and allow a more active use of the property. Some properties may have historically had hazardous materials stored on them, above ground or underground,which may pose an addition=al liability exposure if the public is allowed use of the property. A hazardous assessment would have to be done on each property. Public Works staff would perforin an initial assessment, which consists of research of historical uses of the property and examining it for any visible signs of potential hazardous materials. This initial assessment costs approximately $1000. If the initial assessment indicates a potential for hazardous materials on the property, then a site assessment would have to be done by a consultant to determine the type and extent of hazardous materials on the property. The site assessment costs approximately$5000,but in the past has cost up to$20,000 and more. In addition., there may be security issues when the public uses County land in secludedareas. There may be a need for increased lighting or increased sheriff patrols on those'properties. One way of addressing liability exposure to the County is to transfer the liability to others where possible,or to reduce the liability exposure. There are several options for reducing or transferring the liability as follows: • require project proponent to pay into the County self insurance fund to hells offset liability exposure • reduce exposure by reviewing the design of improvements with liability exposure in mind • insure that project design and :materials meet industry standards and specifications • require projects to be sponsored by a third party, such as the Boy Scouts,which would take on the liability exposure Alternatively, the County may choose to become a project proponent for a particular Joint Use of County Parcels Page 7 joint use project and. Band its construction or seek funds to construct it. When the County decides to be a project proponent, the County is also assuming the liability for the project. In this case, the benefit of the project is determined to be worth the liabilityexposure and there is no transfer of liability as the County assumes all the liability.'The decision to be a project proponent would be made after considering a risk analysis by Risk Management. P. Construction and Maintenance After the joint use parcels are identified, there will be a desire at some point to construct landscaping or other recreational improvements on the County owned parcels. The question remains, who will construct the improvements, and perhaps more importantly,who will maintain the improvements once they are installed.. How will long term maintenance be assured and what perpetual revenue source will be used? There are opportunities to partner with private industry on joint use projects to the benefit of both parties. The John Muir Memorial park at the corner of Alhambra Valley Road and Alhambra Avenue in Martinez is such n example. A local landscaping firm maintains the landscaping, which provides them with some advertising exposure. If the landscaping firm, however, decided not to perform this service anymore, would the public demand the city provide the landscape maintenance? The issue with volunteers, donors, partners etc:, is that there is no agreement guaranteeing long terra maintenance. C. Future Use Any proposal for joint use will require that the primary purpose for which the County acquired the property remain paramount. In the case of the ten parcels,reviewed by staff as background to this proposal, several of them have been retained for use as construction and maintenance access to flood control facilities, such as concrete lined channels. Other uses include providing an area for debris drying. When channels are desilted, the sediment is laid out to dry before it is mauled away. These parcels are also used for equipment and materials staging areas for reconstruction or maintenance projects. Other parcels are also intended for future road or drainage facilities.'The risk in joint use lies in the public's perception that a landscaped County parcel for fifteen years should remain a landscaped parcel forever. When the County needs the parcel for a construction staging area, the public will oppose its use and/or require that the County restore the landscaped area and mitigate for its 'loss during construction. D. County Costs There are several costs for the County associated with the concept ofjoint use of County property. First, of course, is the potential cost associated with the liability ......... ..._.__.. _ __ ...... ............. ._....._..........__... .......... ......... _........ _._.._........................................ ... .................................................... Joint Use of County Parcels Page 8 exposure and any potential claims against the County. There are also processing costs associated with a joint use project. For each project on a County parcel, Risk Management would have to perform a risk assessmentfor the proposed improvements. County staff would also have to review the property for its future intended'use. There is also the risk of identifying existing uses and not knowing what future uses may be needed for that property. Allowing a joint use on such a parcel may not be compatible with a future use for which the County may need the property. As an example, a parcel purchased for a future road is allowed'to be landscaped in a certain fashion. In the future the County does not need a road,on the parcel anymore but instead needs it for a homeless shelter, and the mature trees that were planted with the joint use project are in the way. County 'staff time would also be involved in reviewing' the pians for the improvements and reviewing or preparing any necessary environmental documents. Time would also be spent issuing encroachment permits for the work, inspecting the work and monitoring the improvements. Some of that staff time would normally be paid for through a fee for service. In the case of joint use improvements installed by volunteers, there would likely be a request to waive the fees. As the public uses the property, there will potentially be demand for services and/or complaints from the use ofthe property. Neighbors may complain about noise, safety,garbage clean up, etc. Some properties may have a need for a hazardous materials assessment, which is an additional cost. 6< Recommendations This staff report describes the joint use concept as it has been proposed and some of the issues associated with it. Staff has made no recommendations on the proposal at this time. Staff does recommend referring this issue to the Finance Committee for a recommendation back to the Board of Supervisors. The Finance Committee will need to consider all of the issues associated with the joint use concept. Some of the issues may include the following: • Should the County, as a matter of policy, allow joint use of County owned property? « What are the policy implications of the joint use concept? • Should criteria be established Haat would provide for the determination of which properties should be considered for joint use? • Should the Board form.an Advisory Committee and defer the exploration of some of these issues to the committee for recommendation back to the Finance Committee? * What would be the authorized mission of an advisory committee? • Is an Advisory Committee the best way to manage a joint use project? • Is there an alternative committee structure,other than volunteers,that would provide the Board with more balanced recommendations? • What are all the advantages, disadvantages and costs to the County of a joint use __.. . . ._.. .. ... _............ . .. ........ ........ ............. .......... .............................. ......... ......... ......... . ........ .... .... . Joint Use of County Parcels Page 9 program? • Should a pilot project be initiated, and if so,how is "pilot project"defined? • Many of the advantages listed in Section 4 don't benefit the County as a property manager, while many of the disadvantages listed in Section. 4 directly effect the County as a property manager. • What are the detailed and specific legal considerations identified',by County Counsel? • What is Risk Management's analysis of the liability implications of such a program? • There is a distinction between"publicly owned"property and"public"property. Is there a positive beneft-to-cost ratio for "publicly owned"property that is owned for a specific public benefit to be temporarily converted to "public" property for general public use? • Does the Board waist to be in the position of having to find' tlie maintenance of landscaped parcels where no long-term maintenance is guaranteed? IV. Conseguences of Negative Action: This item would not be referred to the Finance Committee and¢.he issue of joint use would not be reviewed. ........ QUEST TO SPIAX' FORK ( ( ) KINUTZ IT) . '. Complete this form and place it in the box near :,the speakers-* rest' before addressing tha Board. . . : '21 .. M1 4Ru6M1erM®ti4 I am 'Address.. ty* 'king for myself or r ization.- t of intron) t Vats:I wish to speak on Agenda item t VZ � > My comments will : general ,. for against'- wish to speak on thei subject o I do not wish to speak'' but leave these, comments for the Boal'' to cores i ar d> INCIVROT TO SPUR "Rx xnwz x Complete thisi o ` place it in the box near the speakers<� rostr= before addressing the, board. ) Address,- '7-SCO HuAv �C#ty�� f '� << speakingX an for wisolfor atin X wish to speak on;,Agenda Xten # toy ICY OCOUMOnts, U411 r general for � get I wish to speak on the subj*ct of I do not wish to s but 14&vO these ** onto for the Board conoiders