The URL can be used to link to this page

Home My WebLink AboutMINUTES - 02051991 - 2.9 TO: BOARD OF SUPERVISORSj j. Contra FROM: VAL ALEXEEFF, DIRECTOR OF GMEDA Courty DATE: January 29, 1991 SUBJECT: Referral on Board policy on acceptance of Open Space and Recreation Facilities SPECIFIC REQUEST(S) OR RECOMMENDATION(S). & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Acknowledge receipt of .this report; make no changes to the adopted policy. FISCAL IMPACT Unknown BACKGROUND/REASONS FOR RECOMMENDATIONS On January 22, 1991 the Board considered a report of the. Finance Committee report !dealing with how the County accepts lands for Open Space and Recreation Facilities. That report is Attachment A to this report. The�,Board approved that recommendation of the Finance . . Committee, but directed that staff provide additional comments on the concerns of Supervisors Schroder and .Powers.and of Vic Westman. Each concern raised is restated and then responded to: o The concern was that the County not enter into the parks business. Response: The County has been in the parks business for numerous years, but in a limited way and through local financing institutions, e.g. County service areas. The purpose of this policy is to . underscore that the County not enter the parks business without a financing entity being. assured to provide for operation and maintenance of the facility. The long term study assigned to the Community Development Department was an effort to explore the long term implications to the County of accepting facilities piecemeal as currently occurs and as that may continue to occur under. this . policy. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A .UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND -ENTERED ON THE ABSENT: ABSTAIN: . MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: Community Development Department ATTESTED FEB 5 'NJ . cc: PHIL BATCHELOR, CLERK OF. THE BOARD OF SUPERVISORS AND -COUNTY ADMINISTRATOR BY c- , DEPUTY o The concern was raised on why this policy needed to be considered at this time. Response• The triggering action was a request by the Sea Breeze Project in West Pittsburg to turn land over to the County that was restricted as open space by conditions..of development approval on this project. The Public Works Department refused to accept the land unless two things occurred. First, that a mechanism be established to insure the maintenance and operation of the land and second, to ensure that the Board establishes a policy on these type of requests, so that the acceptance could occur (or be denied) based on Board policy. The policy places a burden on the Developer to ensure financing mechanisms be agreed to prior to County acceptance. It reinforces the concept that the County should be the agency of last resort to accept these lands. o Clarification needed on the difference between lands the County would own and the dedication of property which the County does not accept title to. Response This is an important distinction. The policy referenced in the Finance Committee report deals exclusively with lands that the County will accept fee simple ownership to and will operate and maintain. More commonly there are conditions of development approval requiring lands to be kept in open space uses and for which offers of dedication may be made to the County. This policy does address those situations. The County does not take on liability if it doesn't accept those offers of dedication. o How does this policy differ from the existing situation. Response• As the example of the Sea Breeze Project makes clear, Board consideration of acceptance of such lands for County ownership or as a holding agency until another agency can take control of the land, should occur at the time of review of the development applications and not as a later consideration. This policy should minimize those problems. o How does this policy fit within the long term provision of parks and recreation facilities as called for by the County General Plan. Response• The policy is intended to serve as an interim document until the long term study on park and recreation operations is completed by the Community Development Department. VA/JC/rw igen/jan29.bod ATTACHMENT A TO: BOARD OF SUPERVISORS Contra -4 Costa FROM: Finance Committee County DATE: January 22 , 1991 SUBJECT: Policy Regarding Acceptance of Open Space and Recreation Facilities SPECIFIC REQUEST(S) OR RECOMMENDATIONS (S) BACKGROUND AND JUSTIFICATION RECOMMENDATIONS A. Adopt the following Interim Policy regarding acceptance of Open Space and Recreation Facilities The County will only consider the acceptance of open space or local park lands after ownership of such lands is offered to cities, autonomous park and recreation districts, County service areas or other potential entities. For project which already have County approval, and for which an entity is needed to take .control of the land; the following interim policy will be utilized. For proposals that have not been approved, acceptance of such lands shall generally be limited to lands when this issue of County ownership is raised during the approval process. County acceptance should be considered the agency of last resort or as a holding entity until other agencies can take over ownership of the land. The County will consider acceptance of offers of dedication for Open Space and Recreation Facilities subject to the following criteria: 1. Pubic Access: All lands and facilities offered for dedication to the County shall be open to the general public for use. Visual open. spaces not having public access will not be accepted. 2 . Public Safety: Each proposed dedication shall be reviewed for public safety. All Sites shall have sufficient visual exposure and be relative stable geotechnically to insure a relatively safe facility. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON . APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE .SHOWN. ' cc: Community Development Public Works (AD) ATTESTED County Administrator PHIL BATCHELOR, CLERK OF Auditor-Controller THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR Risk 'Management BY , DEPUTY RECOMMENDATIONS (CONT'D) 3 . Funding: Prior to acceptance, either the County, one of it: subdivisions or another governmental entity must have acceptec financial. responsibility for said lands and facilities. Th( government entity's acceptance of financial responsibility shall bE documented by a Board Order. 4 . County Liability: The potential liability exposure resulting fror acceptance of said lands. and facilities shall be mitigated by the purchase of insurance of payment of a premium, paid for by the developer, to the County's Self Insured Liability Trust Fund. Count) Risk Management will determine the method and amount of mitigation. 5. Maintenance: The department or organization having maintenancc responsibility for the lands and facilities shall be identified at the time of acceptance by the County. B. Direct the Community Development Department, in consultation with Public Works and other affected Departments, to prepare a study on the County operated Parks and Recreation Services .and how this function should be handled in the long term. FISCAL IMPACT The financial impact of . accepting open space areas is unknown. Liability exposure could be significant where the open space is a hillside that might experience landslides or where a site has heavy active use by the public. BACKGROUND/REASONS FOR RECOMMENDATIONS The County does not have an official policy on acceptance of open space. Based on staff's interpretation of the Board's desire to avoid liability and the absence of funding, staff has been following an unofficial policy of "the County .does not accept any open space areas" . However, through the development process, conditions of approval are creating open space and recreation areas and specifying public access. The Finance Committee recommends that the above policy be adopted to give guidance to staff. During the past ten years, many developments in the County have created open space areas. Ownership and responsibility for most of these areas rests with (1) the developer who has retained ownership of the open space area, (2) the East Bay Regional Park District or other park districts which have accepted some of the sites, or (3) the Homeowners' Association or other associations established by the developer for the subdivision. In the case of the developer retained parcels, we may experience in the future instances where the sites are not maintained and fire abatement costs will force the parcels into a tax delinquency status, i.e. no ownership. If the County assumes responsibility for open space and recreation facilities, the County will be .subject to additional potential liability exposure. Even though the County may be protected by some immunities, . the County could still be subject to the cost of claims and legal defense on those claims. To protect the County, funding should be provided to cover the cost of this exposure. Such funding would be based on actuarial computations. The Committee is concerned about the long term financial impact from acceptance of open space. Serious consideration should be given during the development review process on the desirability of requiring an open space area to be open to the general public. In many cases, the only entity available for assuring financial responsibility will be a County Landscaping and Lighting District AD 1979-3 (LL-2) Zone established for the subdivision. It must be recognized that using this method will place a long term financial burden on the new homeowner . in the subdivision. The County currently provides park and recreation services to limited geographic areas as. an adjunct to other County Service Areas and Landscaping and Lighting Districts. the proposed Interim Policy can serve until a longer range study of the issue of accepting open space and park lands and the issue of County provision of these services is completed. (Recommendation #B) msc/opsprec.bos