SAN RAFAEL CITY COUNCIL AGENDA REPORT

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1 Agenda Item No: 7.b Meeting Date: December 4, 2017 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works/City Attorney Prepared by: Kevin McGowan, Asst. Director of Public Works Lisa Goldfien, Asst. City Attorney City Manager Approval: TOPIC: SUBJECT: Abandonment of Excess Street Right-of-Way Resolution to Vacate Excess Street Right-of-Way Adjacent to Civic Center Drive Between its Intersections with McInnis Parkway and Peter Behr Drive RECOMMENDATION: Hold a public hearing and then adopt the resolution of vacation. BACKGROUND: Earlier this year, the County of Marin completed an extensive redesign and improvement of Civic Center Drive between the Civic Center SMART station and the County s Civic Center offices. The realigned roadway includes a new roundabout at Peter Behr Drive, new sidewalks, and landscaping that together create a seamless multimodal connection between the SMART station and various portions of the Civic Center campus. Although Civic Center Drive is a City-maintained street, the County paid for and installed the new improvements and will have the ongoing responsibility for maintaining the landscaping, irrigation, lighting and signage. Working closely with the City, the County incorporated a portion if the City s Promenade Plan and Bicycle and Pedestrian Master Plan concepts into its design for the Civic Center Drive project. The project was also designed to accommodate the eventual development of the future farmer s market site and parking lot on vacant County land between Civic Center Drive and the freeway, and to that end, the plan provided for the City to vacate an unneeded portion of the City s Civic Center Drive right-of-way that encumbers part of the farmers market site. The County of Marin has now requested that the City proceed with the vacation of the excess right-ofway. The City Council may implement the vacation using the general vacation proceedings in California Streets and Highways Code Sections FOR CITY CLERK ONLY File No.: Council Meeting: Disposition:

2 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 ANALYSIS: The right-of-way to be abandoned is depicted on the photo attached as Attachment 2. It is a long strip of vacant land located immediately behind the western sidewalk of Civic Center Drive; it is not being used as part of either the street or the sidewalk. The dimensions of the area to be vacated are dictated by the location of the sidewalk, and the vacation will maintain a two-foot buffer behind the sidewalk which will still be public right-of-way available to the City or utilities when doing work within the right-ofway. Once this excess street right-of-way is vacated, the underlying land, which is owned by the County, may be incorporated into the usable area of the farmers market site. Staff has notified all local public utilities of the request for vacation of the excess right-of-way, and the Marin Municipal Water District (MMWD) has requested that the City reserve a public utility easement from the vacation. This reservation has been included in the attached resolution approving the vacation (Attachment 1). Staff has complied with the general vacation procedure s requirement that a public hearing notice be published in the Marin IJ and posted on the property for at least two successive weeks prior to the public hearing (Attachments 3 and 4). The City Council must conduct a public hearing to hear from any interested persons and determine whether to approve the vacation. If approved, the vacation will become effective upon recordation of the Council s resolution in the Office of the Marin County Recorder. COMMUNITY OUTREACH: The County held several public meetings during development of the plans for the Civic Center Drive project. As noted above, City staff notified local utilities that might be affected by the vacation. FISCAL IMPACT: The County has submitted a fee of $2,056 to cover the City s costs of processing of the vacation request. There will be no other fiscal impact from the recommended action. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt the resolution as proposed approving vacation of the excess street right-of-way; 2. Adopt resolution with modifications. 3. Direct staff to return with more information. 4. Take no action. RECOMMENDED ACTION: Conduct a public hearing and adopt the Resolution of vacation. ATTACHMENTS: 1. Resolution of Vacation, with attached Exhibit 1 (Parcels A and B ) 2. Photo depiction of Parcels A and B 3. Affidavit of Publication 4. Affidavit of Posting

3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO VACATE EXCESS PUBLIC STREET RIGHT-OF-WAY ADJACENT TO CIVIC CENTER DRIVE BETWEEN ITS INTERSECTIONS WITH McINNIS PARKWAY AND PETER BEHR DRIVE WHEREAS, the County of Marin has recently completed a County-funded redesign and improvement of Civic Center Drive, a public street within the City of San Rafael, between SMART s Civic Center station and the County offices at the Civic Center; and WHEREAS, the County of Marin coordinated the plans for its Civic Center Drive project with the City of San Rafael s Promenade Plan and Bicycle and Pedestrian Master Plan, and with plans for the future development of a permanent farmers market on vacant County-owned land between Civic Center Drive and the freeway; and WHEREAS, as part of the coordinated plans, the County of Marin requested that the City of San Rafael vacate an unneeded portion of its public street right-of-way for Civic Center Drive, described and depicted as Parcels A and B in Exhibit 1 attached hereto and incorporated herein by reference; and WHEREAS, Exhibit 1 has been reviewed and approved by the City Engineer and is on file in the office of the City Clerk of the City of San Rafael; and WHEREAS, the City has notified local public utilities of the proposed vacation of the public right-of-way over Parcels A and B and has been asked by the Marin Municipal Water District to reserve a public utility easement from the vacation; and WHEREAS, as required by law, staff has caused to be published and posted a notice of public hearing by the City Council to consider the vacation of the public street right-of-way over Parcels A and B ; and WHEREAS, on December 4, 2017 the City Council held a public hearing to receive public comment regarding the proposed vacation; and WHEREAS, the City Council finds that the public street right-of-way over Parcels A and B is unnecessary for present or prospective use; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: 1

4 1. The City Council hereby elects to proceed under the general vacation procedure in California Streets & Highways Code Section 8320 et seq., being part of the Public Streets, Highways, and Service Easements Vacation Law. 2. The City Council hereby declares the public street right-of-way over the property described as Parcels A and B in Exhibit 1 attached, to be closed, vacated and abandoned; provided however, that the City Council reserves from such vacation an easement for public utility purposes. 3. That the City Clerk is authorized and directed to record this Resolution in the Office of the Marin County Recorder, and the vacation of the public street right-ofway approved herein shall be effective upon such recordation. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 4th day of December 2017, by the following vote to wit: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ESTHER C. BEIRNE, City Clerk Exhibit 1: Property description and plats 2

5 LEGAL DESCRIPTION PARCEL 'A' All that certain real property, situate in the City of San Rafael, County of Marin, State of Cali fomi a, being a portion of the right-of-way known as Civic Center Drive, as said right-of-way was described in Board of Supervisors of the County of Marin, Resolution Number 9195, passed and adopted January 17 ti1, 1967, and also being a poltion of the Lands of The County of Marin, as said Lands are described in the Grant Deed recorded in Book 1024 of Official Records, Page 07, Marin County Records, said portion of rightof-way being more particularly described as follows: BEGINNING at a point at the intersection of the northerly line of said Lands of The County of Marin and the westerly line of said Civic Center Drive right-if-way, said point lying South 88 58'34" East a distance of feet, as measured along said northerly line, from the most westerly corner of said Lands of Marin; thence from said POINT OF BEGINNING, continuing along said northerly line, South 88 58'34" East, a distance of 9.59 feet to the beginning of a non-tangent curve to the left; thence leaving said northerly line, along said non-tangent curve, from a radial bearing of South '33" West, a radius of feet, through a central angle of 02 54'05", an arc distance of feet; thence South 66 58'00" East, a distance of feet to the beginning of a non-tangent curve to the left; thence along said non-tangent curve, having a radial bearing of South 34 47'27" West, a radius of feet, through a central angle of21 28'30", an arc distance of feet; thence South 13 14'07" West, a distance of 1.97 feet; thence along a curve to the left, having a radius of37.00 feet, through a central angle of 29 52' 16", an arc distance of feet to a point on a non-tangent curve to the right, said point being on the westerly rightof-way line of Civic Center Drive right-of-way; thence noltherly along said non-tangent curve, from a radial beming of South 13 07'00" West, a radius of feet, through a central angle of22 19'0 1", an arc distance of feet to a non-tangent curve to the right; thence along said non-tangent curve, from a radial bearing of South 35 27'02" West, having a radius of ', through a central angle of 07 38'23", an arc distance of feet to the Point of Beginrnng. Containing 11,322 square feet, more or less. See Exhibit 'B' attached hereto and made a part hereof. PRELIMINARY Prepared By Tracy W. Park, PLS 8176 Chief of Surveys, Marin County Public Works Department Exhibit 1

6 / I / I I I SCALE: 1" = 60' I, I I "" " / LANDS OF MARIN COUNTY OR 07 PARCEL 'A' ±11,322 Sq.Ft. LANDS OF MARIN COUNTY 1024 OR 07 Line Table # Direction Length L1 S88'58'34"E 9.59' L2 S66'58'00"E 53.73' L3 S13"14'07"W 1.97' Line Curve Table Delta Radius Length C1 2"54'05" ' 40.82' C2 21'28'30" ' ' C3 29'52'16" 37.00' 19.29' C4 22'19'01" ' ' C5 7"38'23" ' 86.67' Curve # PLAT TO ACCO}dP ANY LEGAL DESCRIPTION "

7 LEGAL DESCRIPTION PARCELB All that certain real property, situate in the City of San Rafael, County of Marin, State of California, being a portion of the right-of-way known as Civic Center Drive, as said right-of-way was described in Board of Supervisors of the County of Marin, Resolution Number 9195, passed and adopted January 17 th, 1967, and also being a portion of Parcel 2 of the Lands of The County of Marin, as said Parcel is described in the Deed recorded in Book 2532 of Official Records, Page 130, Marin County Records, said portion of right-of-way being more particularly described as follows: BEGINNING at a point on the southerly line of said Parcel 2, said point being the intersection of the southerly line of Parcel 2 and the westerly line of said Civic Center Drive right-if-way, and said point lying South 88 58'34" East a distance of feet, as measured along said southerly line, from the southwesterly comer of said Parcel 2; thence leaving said southerly line, northerly along said right-of-way along a curve to the right, from a radial bearing of North 43 05'26" East, and a radius of feet, through a central angle of 13 31' 17", an arc distance of feet; thence NOlih 33 23' 17" West, a distance of feet to the northerly line of Parcel 2; thence easterly along said northerly line North '26" East, a distance of feet; thence leaving said northerly line, along a non-tangent curve to the left, from a radial bearing of North 59 19' 05 " East, and a radius of feet, through a central angle of 06 32'09", an arc distance of feet; thence South 24 40'57" East, a distance of feet; thence along a non-tangent curve to the left, from a radial bearing of North 51 18'34" East, having a radius of feet, through a central angle of ' 50", an arc distance of feet; thence South 32 03' 16" East, a distance of feet; thence along a non-tangent curve to the left, from radial bearing of North 45 10'38" East, having a radius of feet, through a central angle of 04 59'05", an arc distance of70.12 feet to the southerly line of Parcel 2; thence westerly along said southerly line, North 88 58'34" West, a distance of9.59 feet to the POINT OF BEGINNING Containing 2,212 square feet, more or less. See Exhibit 'B' attached hereto and made a part hereof. PRELIMINARY Prepared By Tracy W. Park, PLS 8176 Chief of Surveys, Marin County Public Works Department

8 LANDS OF MARIN COUNTY 2532 OR 130 (~RCEL 2) PARCEL '8' ±2,212 Sq. Ft. PRELIMINARY Line Table # Direction Length L1 N33'23'17"W ' L2 N41'53'26"E 11.51' L3 S24'40'57"E 21.78' L4 S32'03'16"E 70.27' Line L5 N88'58'34"W # 9.59' LANDS OF MARIN COUNTY 2532 OR 130 (PARCEL 2) ~ 62.20' Curve Table Delta Radius Length C1 13'31'17" ' ' C2 6'32'08" ' 93.76' C3 1'17'50" ' 18.72' C4 4'59'05" ' 70.12' Curve ~ '.,,~':""" ',,~,;~, :' k';, S8S'58'34"E POINT OF BEGINNING EXHIBIT 'B' PLAT TO ACCOMPANY LEGAL DESCRIPTION

9 HWY 101 CIVIC CENTER DR MCINNIS PKWY PETER BEHR DR

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12 CITY OF SAN RAFAEL NOTICE OF PUBLIC HEARING DATE/TIME/PLACE: 4th of December, 2017 at 7:00 PM City Council Chamber, City Hall, 1400 Fifth Avenue, San Rafael. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL will hold a public hearing to receive public comments on the proposed vacation of a portion of excess public right-of-way that is not needed for street purposes. The vacation will be conducted under the general vacation procedures in Division 9, Part 3, Chapter 3, Sections , of the California Streets & Highways Code. The excess right-of-way to be vacated is located directly adjacent to the portion of Civic Center Drive between Peter Behr Drive and McInnis Parkway in San Rafael, CA, as shown below: WHAT WILL HAPPEN: You may comment on the proposed vacation. The City Council will consider all public testimony and will then decide whether to adopt a resolution approving vacation of the public street. IF YOU CANNOT ATTEND: You may send a letter to Esther C. Beirne, City Clerk, City of San Rafael, P.O. Box , San Rafael, CA You may also hand deliver a letter prior to the meeting. For more information, you may contact Kevin McGowan, Assistant Public Works Director/City Engineer at (415) , Department of Public Works, 111 Morphew Street, San Rafael, CA, and the City Clerk's Office, City Hall, 1400 Fifth Avenue, San Rafael, CA. r.bp7-11/10/16 2

13 DECLARATION OF POSTING I am a citizen of the United States and an employee of the City of San Rafael, California. My business address is III Morphew Street, San Rafael, California On November 17,2017 at 2:00 p.m., I posted a true copy of the attached NOTICE OF PUBLIC HEARING at three locations, not more than 300 feet apart, along the right-of-way to be vacated as depicted in said Notice. I certify under penalty of peljury that the foregoing is true and con ecl. Executed this ~H day of November, 2017, at San Rafael, California. Streets Superintend t Depattment of Pulilic Works

14 CITY OF SAN RAFAEL NOTICE OF PUBLIC HEARING DATEITIME/PLACE: 4'h of December, at 7:00 PM City Council Chamber, City Hall, 1400 Fifth Avenue, San Rafael. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL will hold a public hearing to receive public comments on the proposed vacation of a portion of excess public right-of-way that is not needed for street purposes. The vacation will be conducted under the general vacation procedures in Division 9, Part 3, Chapter 3, Sections , of the California Streets & Highways Code. The excess right-of-way to be vacated is located directly adjacent to the portion of Civic Center Drive between Peter Behr Drive and McInnis Parkway in San Rafael, CA, as shown below: ~,,, ~,, WHAT WILL HAPPEN: You may comment on the proposed vacation. The City Council will consider all public testimony and will then decide whether to adopt a resolution approving vacation of the public street. IF YOU CANNOT ATTEND: You may send a letter to Esther C. Beirne, City Clerk, City of San Rafael, P.O. Box , San Rafael, CA You may also hand deli ver a letter prior. to the meeting. For more information, you may contact Kevin McGowan, Assistant Public Works Director/City Engineer at (415) , Department of Public Works, III Morphew Street, San Rafael, CA, and the City Clerk's Office, City Hall, 1400 Fifth Avenue, San Rafael, CA.