AGENDA ITEM #8
TOWN OF FAIRFAX
STAFF REPORT
June 1, 2022
TO: Mayor and Town Council
FROM: Janet Coleson, Town Attorney
SUBJECT: Adopt a Resolution Approving an Agreement with the Marin Open Space Trust to Fund the Purchase of Two Undeveloped Parcels on Upper Ridgeway Avenue to Preserve Open Space and Authorizing the Town Manager to Execute the Agreement and Take All Necessary Actions to Complete the Purchase __________________________________________________________________________________
RECOMMENDATION
Adopt a resolution approving an agreement with the Marin Open Space Trust (“MOST”) to fund the purchase of two undeveloped parcels on Upper Ridgeway Avenue to preserve open space and authorizing the Town Manager to execute the agreement and take all necessary actions to complete the purchase.
BACKGROUND
In 2021, the Fairfax Open Space Committee (FOSC) recommended the Town acquire two undeveloped parcels (APNs 001-193-01 and 001-193-02) on the unimproved portion of Upper Ridgeway Drive flanking the northeastern side of Fairfax (“the Parcels”). The Parcels are surrounded on three sides by vacant, undeveloped land, including one Town-owned parcel donated for open space purposes and the Town-owned “Triangle Park” – the fourth side borders the only two residentially developed parcels on Upper Ridgeway, 7 and 11 Upper Ridgeway Avenue. If acquired, the Parcels will create a substantial swath of Town-owned and preserved open space that will be contiguous with San Anselmo’s open space area (Hawthorne Canyon). 2 DISCUSSION
Staff recommends adoption of the current resolution, which will authorize the Town Manager to (1) execute an agreement with MOST to fund the purchase of the Parcels and (2) take any necessary subsequent actions to enact the agreement and purchase the Parcels on behalf of the Town, using MOST’s funding. MOST is prepared to fund the entire estimated purchase price ($45,000) using funds received through an anonymous donation for this purpose. The County of Marin has determined the Parcels are tax-defaulted and subject to tax sale, which allows the Town to purchase the Parcels for open space purposes.
FISCAL IMPACT
As MOST is depositing the entire amount necessary to fund the estimated purchase price of the Parcels, there is no direct fiscal impact to the Town at this time. Future maintenance of the Parcels as open space areas may indirectly increase staff and materials costs.
ATTACHMENT
Resolution with Exhibit A Funding Agreement with MOST
RESOLUTION 22-____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX
APPROVING AN AGREEMENT WITH THE MARIN OPEN SPACE TRUST TO FUND
THE PURCHASE OF TWO UNDEVELOPED PARCELS ON UPPER RIDGEWAY
AVENUE TO PRESERVE OPEN SPACE AND AUTHORIZING TOWN MANAGER TO
TAKE NECESSARY ACTIONS TO ENACT THE AGREEMENT
WHEREAS, the Town of Fairfax, California (Town) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the Marin Open Space Trust (MOST) is a California nonprofit public benefit corporation organized to preserve and protect critical open spaces in the state; and
WHEREAS, two undeveloped parcels within the Fairfax town limits (APNs 001- 193-01 and 001-193-02, or “the Parcels”) are available for purchase from the County of Marin (County) as the result of a tax foreclosure sale; and WHEREAS, the Town desires to purchase and preserve as open space, and MOST desires to fund the purchase of, the Parcels for each party’s mutual benefit; and WHEREAS, MOST has agreed to deposit the entire amount necessary to pay the estimated cost of the purchase price of the Parcels ($45,000), inclusive of penalties, fees, and miscellaneous costs, upon execution of the Funding Agreement attached to this Resolution as Exhibit A, into escrow for use by the Town to purchase the Parcels.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Fairfax as follows:
SECTION 1. Recitals.
The above recitals are each incorporated by reference and adopted as findings of the Town Council.
SECTION 2. Authorization.
The Town desires to enter into the Funding Agreement with MOST, attached as Exhibit A, and hereby authorizes the Town Manager, or designee, to take all steps needed to execute the Funding Agreement and acquire the Parcels, including, without limitation, accepting and executing any other documents and any other actions as may be necessary in furtherance of the purchase of the Parcels.
SECTION 3. Certification.
The Town Clerk shall attest and certify to the passage and adoption of this Resolution and it shall become effective immediately upon its approval.
SECTION 4. Compliance with CEQA.
This resolution was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the Guidelines), and the environmental regulations of the Town. The Town Council hereby finds that this resolution is not subject to review under CEQA because it is not a “project” under State CEQA Guidelines section 15378. In addition, if this action were to be considered a project under CEQA, it is categorically exempt from further CEQA review under State CEQA Guidelines sections 15307 (actions for protection of natural resources) and 15308 (actions for the protection of the environment). None of the exceptions to these categorical exemptions apply, and consequently, this action is exempt from further CEQA Review. If the execution of the Funding Agreement or purchase of the parcels is deemed not to be categorically exempt from CEQA review, it is exempt under section 15061(b)(2).
The foregoing Resolution was duly passed and adopted at a Regular Meeting of the Town Council of the Town of Fairfax held in said Town on the 1st day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
Stephanie Hellman, Mayor
Attest:
Michele Gardner, Town Clerk