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Op-Ed: Hanna Ranch Decision Lacked Public Input

The sacrifice of a city-owned floating easement through proposed complex south of Vintage Oaks lacked full-disclosure and a public hearing? Why?

 

When the Novato City Council members voted 4-1 in December to adopt the environmental impact report for the Hanna Ranch multiuse commercial development near Vintage Oaks shopping center, they basically gave away the floating easement to the developer, Urban One.

Susan Stompe of the Marin Conservation League was right. The floating easement was just handed over to the developer without any community discussion or a public hearing. When Councilmember Pat Eklund repeatedly asked City Manager Michael Frank, who had made the decision, he declined to comment.

The floating easement was the city’s right to use the Hanna Ranch property for access and/or egress. If you look at an aerial photo of Hanna Ranch, you can see it — a dirt road — where it connects to Rowland Way and passes thru Parcel C, continues thru Hanna Ranch and connects to Hanna Ranch Road near Highway 101 and the McPhail’s property. Why any city would decide to give this away to a developer and thus make it a private road instead of a public one is highly questionable, especially since Novato’s general plan calls for Rowland Way to be extended south to Highway 37. 

Who would want to develop or purchase the McPhail property? It will be choked off from the rest of Hanna Ranch and Vintage Oaks. Someone doing business at the proposed McPhail office development property would have to get back on the freeway to access Vintage Oaks or Hanna Ranch.

Other sizable commercial developments such as Vintage Oaks have more than one entrance/exit for safety and traffic concerns.  Potential added revenue from a second entrance at Highway 37 would be lost.

What about mailer notifications? Who owns the McPhail property? Were they notified? What about Costco, the Vintage Oaks owner and merchants, Novato Community Hospital to name a few? Do they all not stand to be impacted by this decision?

Factoring in the safety and well-being of our community, should we not have had a voice in this decision?

After reading Agenda item #9 for the Jan. 24 city meeting with my limited legal language comprehension (see attached), what looks like a Roadway Development and License Agreement with a Prosecution of Quiet Title Action (no clue what this is, but it sure sounds stealthy) ultimately appears to give council members the right to decide the final fate of Parcel C, the city-owned property (.7 acre) that connects Hanna Ranch to Rowland Way. The floating easement passes over this property and continues through Hanna Ranch.

If city property is to be sold, there must be a public hearing.  A project of this magnitude needs to proceed cautiously, thoroughly, fully disclosed, transparent and with public and local (to Hanna Ranch) business input. The city staff and city manager need to be held accountable for answering questions posed by council members and public speakers practicing their civic responsibilities. Safety concerns need to be of the utmost importance.

Public comment at tonight’s meeting begins approximately at 7:15 p.m. and item 9 sometime after.

About this column: Feedback and questions from readers like you Related Topics: Business, City Manager, Government, Hanna Ranch, Michael Frank, Trish Boorstein, and public hearings
Do you agree with this? Tell us in the comments.

mark burnham

12:47 pm on Tuesday, January 24, 2012

when i read this: "especially since Novato’s general plan calls for Rowland Way to be extended south to Highway 37" it reminded me of another very recent instance where the city council decided to circumvent the people of novato's general plan. as recently as this spring the council trampled all over the general plan which states clearly that the lot across from the police station was to be used for a parking garage. instead they voted 5-0 to build their city offices there. negating the potential for a public road connecting rowland to 37 is both contrary to the citizen's general plan and common sense. the same is unfortunately true in deciding to build these city offices downtown. what good is our general plan if the council can decide to pay off deveopers by ignoring its mandate and trumping it by building a ridiculous monument to themselves and a few city employees?

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Worry

1:02 pm on Tuesday, January 24, 2012

Trish, I agree wholeheartedly with you on this. Why in the world would this potential thoroughfare be eliminated? How can this possibily benefit the people of Novato, the merchants at Vintage Oaks, and Novato Community Hospital? We need more disclosure, more transparancy and more answers.

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Bob Ratto

1:28 pm on Tuesday, January 24, 2012

The City memo shows it is for ".07" acre (which is tiny), while the real amount in the rest of the document is .7 acre-which is 10x as large. It appears (somewhat conflicted) that the city will receive either $510k or $400k for the parcel, and the developer is required to pay fees...the trade off of course is the City gives up all rights to Hanna (the road will go from public to private) and the General plan is tossed out with regard to extending 37 to Rowland. Given the fact that the developer could NOT build this project without this piece of property, and we are materially changing our General Plan (and we are going to get higher RHNA numbers from this), pretty tough decision given the potential future impact-who came up with the price tag?

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Do ya Think ?

1:36 pm on Tuesday, January 24, 2012

You voted for them now eat what they say to you . Ha Ha we told you and you did not listen

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Worry

1:46 pm on Tuesday, January 24, 2012

Bob, The city has to get $$ from somewhere to fund the millions the downtown city offices will be over budget by! Another example of the city council looking out for themselves instead of the 50,000 people and hundreds of businesses here in Novato. Interesting that Susan Stompe has come out against this right of way being sold. I wonder if she has said anything about "it being against the general plan". That would be ironic considering she and others have no issue with walking over the general plan for their city offices.

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Bob Ratto

2:00 pm on Tuesday, January 24, 2012

Worry
Yes indeed...I also found it interesting that the payment from the developer does not have to come until after the first certificate of occupancy is issued....so basically, "just go ahead and own it, and pay us when you start getting some money in..."...the McPhail property will be getting a lot less valuable I would think, given the fact it is future accessibility is greatly reduced through this process. Glad I don't own it, because if I did, I would have already called my lawyer.

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Ruth

2:21 pm on Tuesday, January 24, 2012

Our Council and Michael Frank operate as if they have no one to answer to, certainly not the community, time and time again. Can this be reported to someone? Isn't there some way we can have the City Hall activities reviewed? They are and will be responsible for the demise of Novato. There has to be something we can do as a community.

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Christine

5:59 pm on Tuesday, January 24, 2012

Maybe we should start with a recall / pettition...Let's start with the city manager.

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Michael Reyff

7:30 pm on Tuesday, January 24, 2012

There is something you can do as a community. Join the Novato Community Alliance.
Navigate to www.nca4bh.org

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Novato Camper

6:04 pm on Wednesday, January 25, 2012

Lets start with Christine and re-call her, She talks garbage and wants to go after the city manager

Edwin Drake

7:53 pm on Tuesday, January 24, 2012

If there was "Treason" for city officers this would be it! Michael Frank is a weasel and a jerk and an idiot. He needs to be fired. The city council, Eklund excepted, needs to be hounded about this. We need 100 people to attend every council meeting, and hold their feet to the fire. And this is NOT about political views...this is about transparency and governance. The entire city should be up in arms about this ... who wants to Occupy Council Chambers?

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Edwin Drake

8:00 pm on Tuesday, January 24, 2012

Can this decision be rescinded? Let's all show up and make a ruckus! Demand better government.

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T. Allen

10:24 am on Wednesday, January 25, 2012

Tina,

Check with Caltrans. I seem to remember when the Council was looking at this area for a possible SMART station, that Caltrans said that it was impossible to connect it with highway 37 because the intersection was already rated dangerous. Sorry, I'm fuzzy on the details, but it may have been because of earthquake issues. SMART might be aware of it too. In any case, the location was a terrible idea for a station given nobody lived around it, so they discarded it pretty quickly as one of the options, but I remember reading about the intersection issues that came up then. Thus this "road" probably isn't worth much if it cannot connect with a major artery. And Edwin, there really is no reason to refer to our public officials with name calling. Your arguments will hold more weight if you refrain.

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Trish Boorstein

11:38 am on Wednesday, January 25, 2012

T. Allen, I think you're asking this question of me. Yes, I'm aware that Caltrans is not interested at this time to make any connection to 37. For the exact reasons, I too am not sure. However, to give up this floating easement and make it a private road and thus eliminate any future possibility to ever connect it to 37 is short sighted. At the least there could have been notifications sent, a discussion, and a hearing.

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Susan Stompe

1:06 pm on Wednesday, January 25, 2012

Thanks, Trish, for bringing up the issue at that timely moment - just before the final city council action. Too bad only you and I were there to push for retention of the floating easement. The explanation given by the City Attorney was that the floating easement was a trade off for building the bicycle/pedestrian path along the SMART tracks. Of course, there was no mention of that at the Planning Commission or City Council hearings on the Master Plan, so it appears that the explanation given by the City Attorney was a drummed up explanation to cover up the Council give-away.

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Trish Boorstein

4:22 pm on Wednesday, January 25, 2012

WOW! I didn't catch that Susan! This is why it's sooo important to be transparent from the get go, otherwise you can't clean up after yourself fast enough! Thanks for being there to witness that. I know Gail Meyers was also frustrated by this issue. There are many others who are equally upset and feel the City has not been practicing good government.

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Novato Camper

6:00 pm on Wednesday, January 25, 2012

Here is the crybabies once again. they get up in arms after the fact. Why don't you people do something on election day and then you can relax all year as you picked who you want and not who the Chamber wanted . You will never learn !!!!

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Tina McMillan

10:30 pm on Wednesday, January 25, 2012

Thank you Trish for writing about this. Why wouldn't the council keep the land but provide an easement to the developers?

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Trish Boorstein

12:00 am on Thursday, January 26, 2012

Tina, I believe it's because the Developer doesn't want just an easement. They want the land to build commercial/retail. In the Land Agreement attachment, it looks like Staff is presenting a couple of options to Council. One I think is leaving Parcel C as an easement pass thru without buildings and another as a sale to Developer for building. City should provide a Summary of the Document for residents who can't read legal drafts. Maybe you can make more sense of it.

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Baxter

10:33 am on Thursday, January 26, 2012

Correct me if I'm wrong, but I believe in the State of California Caltrans can obtain private property (including private roads/easements) by emminent domaine if it is determined that there is a public safety issue. After the construction of Hanna Ranch, if the lack of an additional roadway for ingress and egress affects public safety (due to traffic congestion, accidents, emergency, evacuation, etc.) Caltrans has a legal right to fix the problem by emminent domain. This is happening all over California due to the fact that Caltrans now has the money for these projects. It may take years before it gets done, but it can happen. There is no such thing as a "private road/easement" if public safety becomes an issue. It's just sad that this is what it will take to get the easement back when it could have been saved in the first place.

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Toni Shroyer

8:44 pm on Thursday, January 26, 2012

Trish,
Thank you for a very informative article. Thank you Susan Stompe for your hard work too. Thank you both for your hard work.

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Edwin Drake

2:17 am on Friday, January 27, 2012

This isn't about Caltrans. This was about the city retaining the right to build a surface street - an extension of Rowland - that would lead to the on and off ramps at the 37/101 interchange. There's is already a Hanna Ranch exit off 37, and I believe there's also an on-ramp. The truth is that Frank is a weasel, lying to the council and public, offering limited choices, and often misleading the public. The developer KNEW there was an easement there, and should have planned his project accordingly. As it is the city council, with the exception of Eklund, betrayed the city with the egregious "give away." At the very least the city should have just kept the easement for future use.

As for the bike path, the Bicycle Coalition now rules Novato? Any surface street would have been striped with a bike lane. the intelligent thing would have been to both require the developer to construct the path and retain the easement.

One other note about "politeness": the residents of Novato remain unflinchingly respectful of council and staff, and keep getting the shaft. It's time for some brutal honesty that Frank lacks the intelligence to manage this town. His decisions are consistently sub-par, uncreative, and do nothing to make Novato a nicer or better place to live. His bottom line is short term dollar signs. The man is stupid when it comes to possibilities. And four on the council go along like sheep. Disagree? Tell me something wonderful he's done. Let's hear it.

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Novato Camper

4:58 am on Friday, January 27, 2012

He has got you and your neighbors to vote for city council members who will vote his way. Look at Lucan and last Tuesdays vote . Look at the way you voted last November . Now is not the time to cry as it will do you no good . Get over it and live with it . You want change start running for office today and don't change you mind on issues in the middle of the race and you can win .

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