March 3, 2020 - Measure D

COUNTY COUNSEL’S IMPARTIAL ANALYSIS OF MEASURE D

SAN GERONIMO VALLEY GOLF COURSE VOTER INITIATIVE MEASURE

This initiative Measure would amend the San Geronimo Valley Community Plan (part of Marin County’s general plan) and the Marin County Development Code to require that prior to the County approving any change in use for the property formerly operated as the San Geronimo Golf Course, the County must undertake certain studies regarding the proposed change of use, and the proposed change must be approved by a majority vote of the electorate of Marin County.

Some impacts of the Measure are uncertain due to changed circumstances since the Measure was drafted. The Ballot Title and Summary for this Measure was approved on July 13, 2018. In December 2018, the former San Geronimo Golf Course ceased operations, and at this writing, the property is not maintained as a golf course. The Measure provides that its purpose, among other things, is to “ensure that County decision-makers conduct accurate and complete environmental review and fiscal analyses before eliminating the San Geronimo Golf Course.” The Measure provides text amendments to the San Geronimo Valley Community Plan that state that the golf course must be retained and that uses must support the primary golf course use. It is uncertain how these provisions will be interpreted since the property has not been used as a golf course for approximately one year.

The Measure also provides that prior to the County approving any change of use (that does not include golf) on the former San Geronimo Golf Course property, the County would be required to prepare and approve an economic study of the golf course use and a fiscal and environmental impact analysis of the proposed change, and follow certain additional procedures. Before County approval of the proposed change, the Measure requires that the proposal be approved by a majority vote of the electorate of Marin County. The Measure defines change of use to include “landscape modifications or changes associated with termination of use.” It is uncertain whether California law permits landscape modifications to constitute a change in a land use. It is also uncertain how this provision will be interpreted, considering that golf use is no longer occurring on the property and golf landscaping is no longer being maintained.

The legality of the Measure’s voter approval requirement for a land use change is also uncertain. The requirement applies to only one property, and no similar restriction would apply to other properties in the County’s jurisdiction. This may result in claims, for example, of an unconstitutional “taking” under state and/or federal law.

If approved, this Measure can only be amended or repealed by a majority vote in an election held in accordance with state law. This Measure was placed on the ballot by petition signed by the requisite number of voters.

A “yes” vote on the Measure is a vote in favor of the Measure’s adoption. A “no” vote is a vote against its adoption.

s/BRIAN E. WASHINGTON
Marin County Counsel

ARGUMENT IN FAVOR OF MEASURE D

VOTE YES ON MEASURE D. PROTECT YOUR RIGHT TO VOTE. Prevent County officials’ overreach. 12,000 Marin people opposed County officials’ action and signed the citizens’ petition to place Measure D on your ballot.

Measure D doesn’t require any property owner to operate a golf course. Measure D does require voter approval, and study of environmental impacts and economic effects, before the County authorizes a change in the primary golf use in the San Geronimo Valley Community Plan. With Measure D in place, County officials must consult the voters before adopting a new use for San Geronimo.

In 2018, with no public disclosure, County officials developed a back room deal with Trust for Public Land, a private corporation. TPL would purchase the property, and then Marin County would use taxpayer funds to buy out TPL and change the use.

County officials tried to override the San Geronimo Valley Community Plan, which protects this visual and recreational resource. Environmentally sound golf operations benefited youth teams and seniors, employed 30 people, generated tax revenue, and served as a fire break. Local residents’ concerns were ignored. TPL bought the property and claims exemption from property taxes. But the court ordered environmental review, and the County’s deal was put on hold.

Why We Need Measure D Now: The government overreach will continue without Measure D. Approval by only 3 County Supervisors could permit TPL to alter the land or develop the property as TPL chooses.

Measure D is the only remedy to protect the San Geronimo Valley Community Plan trampled by Supervisors’ overreach. All Marin voters have an interest in passing this measure because, unless rebuked by Measure D, Supervisors may decide to override your community plan, without your neighborhood’s consent.

VOTE YES ON MEASURE D to check abuse by County officials. No secret deals to spend tax dollars. No override of community plans.

s/ SAVE COMMUNITY PLANS ELECTION COMMITTEE
Charles Hardeman, Principal Officer

s/ COALITION OF SENSIBLE TAXPAYERS (CO$T)
Mimi Willard, President

s/ AMELIA NIZ BROWN
Resident of San Geronimo Valley

REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE D

NO on Measure D is a united campaign of residents and organizations who cherish Marin County’s legacy of environmental stewardship and responsible local planning.

Organizations you trust urge a NO vote on Measure D, including:

• Marin County Fire Department Firefighters Association
• Marin Conservation League
• Sierra Club
• Marin Audubon Society
• Trout Unlimited
• Marin Open Space Trust
• Marin Horse Council
• San Geronimo Valley Planning Group
• Watershed Alliance of Marin, and many more.

Measure D threatens land owned by The Trust for Public Land, a respected environmental nonprofit founded in Marin. A community process is underway to ensure it benefits everyone - hikers, families, school children, seniors, bicyclists, equestrians, dog walkers, recreational users of all kinds - not just a single group.

This measure was placed on the ballot with no public process of any kind. If the poorly written Measure D passes, it would override local control and stop plans for a fire station and conservation of the land, with nothing in return.

This measure would limit the use of the property to golf but the course closed long ago and is not financially feasible to bring back.

Marin County firefighters oppose Measure D because it blocks a critical new fire station.

Vote NO to protect water quality in Marin County, provide for fire safety, protect wildlife habitat from development, create new recreational opportunities, and preserve local control of our land. A NO vote costs Marin County taxpayers nothing.

This land is your land. To keep it, vote NO.

www.SanGeronimoForAll.com

s/ SIERRA CLUB MARIN COUNTY GROUP
Judy Schriebman, Chair

s/ SAN GERONIMO VALLEY PLANNING GROUP
Brian Staley, Chairman

s/ MARTY ROSEN
Co-founder of The Trust for Public Land

s/ MARIN COUNTY BICYCLE COALTION
Tarrell Kullaway, Executive Director

s/ WATERSHED ALLIANCE OF MARIN
Joyce Britt, Vice-President

ARGUMENT AGAINST MEASURE D

Vote NO on Measure D to Preserve Our Quality of Life in Marin County.

A NO Vote on Measure D will:

• Conserve critical wildlife habitat and help restore the Bay Area’s last great Coho salmon run;
• Reserve a critical new fire headquarters site, helping protect all of Marin from wildfire;
• Preserve a beloved Valley site for public rather than private resort use;
• Improve West Marin’s water quality now and for future generations;
• Create new recreation and trail opportunities for everyone to enjoy; and
• Provide nature education for children of all ages

...all at NO cost to taxpayers.

If approved, Measure D would sacrifice the public’s legitimate interest in the future of a 150-acre former golf course in San Geronimo Valley to serve a singular use, not the community. If Measure D succeeds, it will rewrite the San Geronimo Valley Community Plan to limit the land’s use to golf only; a use that is no longer viable and would foreclose many lasting public benefits. If approved, Measure D would block conservation of the property and prevent locating a critical new fire department headquarters there, reducing protection for all of Marin County from wildfires.

If successful, Measure D could expose all local community plans to a future countywide referendum. It would take away valuable local participation in future land use decisions. It is a misguided special interest effort that would prevent many public benefits, solely to benefit golf.

Vote NO to protect water quality in Marin County, provide for fire safety, protect wildlife habitat from development, create new recreational opportunities, and preserve local control of our land. A NO vote costs Marin County taxpayers nothing.

NO on Measure D endorsed by respected community organizations you trust.

www.SanGeronimoForAll.com

s/ MARIN COUNTY FIRE DEPARTMENT FIREFIGHTERS ASSOCIATION
Mike Tribolet, President

s/ STEVE KINSEY
Former Marin County Supervisor

s/ THE TRUST FOR PUBLIC LAND
Diane Regas, President and Chief Executive Officer

s/ MARIN CONSERVATION LEAGUE
Linda Novy, President

s/ BAY AREA RIDGE TRAIL COUNCIL
Janet McBride, Executive Director

REBUTTAL TO ARGUMENT AGAINST MEASURE D

Yes on Measure D lets you vote, protects Marin from a land grab, and prevents confiscation of your tax dollars.

Do not trust TPL’s promise of “no cost to taxpayers.” In 2018, Marin County tried to use $8.9 million tax dollars to buy out TPL. County officials and TPL planned additional $10 million in government grants for major site changes. TPL may again try to capture public funds to recoup its investment unless Measure D passes.

Vote for public revenues, not private subsidies. As a non-profit, TPL is a private corporation that does not pay property value taxes. San Geronimo Golf Course paid $1.6 million in property and sales taxes during its last 7 years.

Measure D does not block community meetings, conservation efforts, or public trails. It does not require golf to be the exclusive use forever. YES ON MEASURE D says Marin County must win your vote before approving a change in primary use.

Measure D lets you vote on plans before Marin County approves changes.

--Wildlife habitat: The course obeyed the 2014 Coho-Friendly Plan approved by California Department of Fish and Wildlife and complied with Marin County Integrated Pest Management Program.

--New fire station: There is space for fire headquarters, golf and other recreation. TPL’s neglect of the land increases fire fuel load and reduces emergency evacuation options.

--Public access: Bicycling, hiking, gardens and nature study can co-exist with golf on 157 acres.

Measure D does not spend your tax dollars. It stops secret County deals and opens disclosure of public expense.

VOTE YES ON MEASURE D.

www.savesangeronimo.com

s/ SAVE COMMUNITY PLANS ELECTION COMMITTEE
Charles Hardeman, Principal Officer

s/ COALITION OF SENSIBLE TAXPAYERS (CO$T)
Mimi Willard, President

s/ AMELIA NIZ BROWN
Resident of San Geronimo Valley

FULL TEXT OF MEASURE D

INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS

The people of the County of Marin do resolve and ordain as follows:

Section 1. Title.

This initiative measure (“Initiative”) is called the “San Geronimo Community Plan Preservation and Protection Act.”

Section 2. Findings and Purpose.

1. Findings. The People of the County of Marin find the following:
   1. The fabric of what makes Marin County unique relies on a broad spectrum of land use, with a diversified “portfolio” of public park lands, public open space, agricultural land, commercial land, residential land, and recreational facilities.
   2. The San Geronimo Valley is located in the heart of Marin County and typifies the County in its unique combination of natural, recreational, cultural, and historic attributes.
   3. The San Geronimo Valley Community Plan, adopted by the County Board of Supervisors on December 2, 1997 as part of the Marin Countywide Plan, recognizes the San Geronimo Valley Golf Course as representative of an important visual and recreational resource in the Valley. The Community Plan states that the golf course use should be retained with no major expansion of the facilities and that future uses should be limited to those which support the primary use as a golf course.
   4. Since 1968, the San Geronimo Valley Golf Course has been recognized by local, regional, and national organizations as the best golf course in Marin County.
   5. The San Geronimo Valley Golf Course provides social opportunities for all age groups and is used by the community for charitable and community events, in addition to use as a golf course at affordable prices, and is an economic engine for the County, generating revenues from fees and taxes and providing employment to County residents.
   6. The San Geronimo Golf Course provides a critically important firebreak, especially given the increasing frequency and number of catastrophic wildfires throughout the State and the Bay Area.
   7. A scientific study prepared for the California Department of Fish and Wildlife and the U.S. National Oceanographic and Atmospheric Administration concludes that golf course use can coexist with salmon in the San Geronimo Valley. Salmon spawning is largely dependent on the timing and amount of rainfall and other global conditions and will continue to vary regardless of whether the San Geronimo Golf Course exists.
   8. The San Geronimo Golf Course does not need to be “restored.” “Re-wilding” the San Geronimo Golf Course will waste millions of taxpayer dollars.
   9. The best use of the San Geronimo Golf Course, for the maximum use and enjoyment of the community and Marin County residents, and economic benefit to the County, is the existing golf course use.
2. Purpose. The purposes of this Initiative are as follows:
   1. To give the voters of the County the power to determine whether the County should allow changes to eliminate the primary golf course use of the San Geronimo Golf Course.
   2. To ensure that the voters of the County are informed of accurate and complete environmental and economic information on any proposal to change the primary golf course use of the San Geronimo Golf Course.
   3. To ensure that County decision-makers conduct accurate and complete environmental review and fiscal analyses before eliminating the San Geronimo Golf Course.

Section 3. San Geronimo Valley Community Plan Amendments.

The voters hereby amend the San Geronimo Valley Community Plan as follows:

1. Page IV-12 of the San Geronimo Valley Community Plan is hereby amended as follows to update the assessor parcel numbers for the San Geronimo Golf Course and mandate retention of the golf course use as the primary use of the San Geronimo Golf Course (new language to be inserted into the San Geronimo Valley Community Plan is shown as underlined text and language to be deleted is shown in strikeout text):
   San Geronimo Valley Golf Course. (AP# 168-250-2241, 171-371-0204, 03, 171-372-01, 171-372-14). The golf course is approximately 157.28 acres of developed recreational land including clubhouse and restaurant facilities. The course represents an important visual and recreational resource in the Valley. The golf course use should must be retained with no major expansion of the facilities and . Ffuture uses should must be limited to those which support the primary use as a golf course, except as provided for in Policy CD-7.3 and Marin County Development Code Section 22.32.080.
2. Page IV-23 of the San Geronimo Valley Community Plan is hereby amended as follows to add new requirements for any change from the primary golf course use to another use (new language to be inserted into the San Geronimo Valley Community Plan is shown as underlined text):

Policy CD-7.3
San Geronimo Valley Golf Course. Major changes in the use of the San Geronimo Golf Course should be evaluated by a master plan which could address traffic and other impacts as well as the rural character of the Valley; provided, however, that the County, through its Board of Supervisors, or any County agency or officer, may not authorize any change in the use of the San Geronimo Golf Course that does not contemplate as a primary use a golf course facility without the approval of the voters of the County in accordance with Development Code Section 22.32.080.

Section 4. Marin County Development Code Amendments.

Chapter 22.32 (Standards for Specific Land Uses) of the Marin County Development Code is hereby amended as follows to set forth the requirements for any change of a primary golf course use to another use (new language to be inserted into the Marin County Development Code is shown as underlined text):

Section 22.32.080 Golf Course Use Within the San Geronimo Valley Community Plan Area. The requirements of this section apply to golf course uses within the San Geronimo Valley Community Plan area.

Voter Approval for Change of Use. A change in use (including but not limited to landscape modifications or changes associated with termination of use) of property developed for a golf course use to any other use requires approval of a master plan in compliance with Chapter 22.44. In addition, any such change in use requires approval by a majority of the voters in Marin County. Prior to submitting any proposal for such change in use to the voters of the County, the County must prepare and approve (i) an economic study of the historic use of the golf course, including an accounting of revenues from the golf course over the two year period immediately prior to any proposed change in use; (ii) a fiscal impact analysis of the proposed change of use; and (iii) a report on the environmental impacts (including but not limited to those related to fire protection and safety) of the proposed change of use. in addition to the environmental review required under the California Environmental Quality Act. The Board of Supervisors must hold at least two duly noticed public hearings in compliance with Chapter 22.118 to consider and take action to approve the economic study, fiscal impact analysis. and report of environmental impacts.

Section 5. Effective Date and Implementation of this Initiative.

1. In accordance with Elections Code Section 9122, if a majority of the voters vote in favor of this initiative, it will become a valid and binding ordinance of the County and will go into effect upon the earliest date legally possible. Upon the effective date of this Initiative, the County is directed to promptly take all appropriate actions needed to implement this Initiative.
2. Upon the effective date of this Initiative, the provisions of Section 3 of this Initiative are hereby inserted into the San Geronimo Valley Community Plan, which is part of the Countywide Plan, the County’s general plan; except that if the four amendments of the General Plan permitted by state law for any calendar year have already been utilized in the year in which this Initiative becomes effective, the San Geronimo Valley Community Plan amendments set forth in this Initiative will be the first amendments inserted into the Community Plan on January 1 of the next year.
3. The San Geronimo Valley Community Plan in effect on the date of filing of the Notice of Intent to Circulate this Initiative (“Filing Date”), the San Geronimo Valley Community Plan as amended by this Initiative, and the Marin County Development Code as amended by this Initiative, comprise an integrated, internally consistent and compatible statement of policies and standards for the County. To ensure that the County’s Countywide Plan, San Geronimo Valley Community Plan, and Marin County Development Code remain integrated, internally consistent and compatible, any provision of the Countywide Plan or San Geronimo Valley Community Plan or Marin County Development Code that is adopted between the Filing Date and the effective date of this Initiative will, to the extent that such interim-enacted provision is inconsistent with this Initiative, be amended as soon as possible and in the manner and time required by state law to ensure consistency between the provisions adopted by this Initiative and other elements of the Countywide Plan, the San Geronimo Valley Community Plan, and the Marin County Development Code.

Section 6. Effect of Other Measures on the Same Ballot.

In approving this Initiative, it is the voters’ intent to retain the primary golf course use of the San Geronimo Golf Course. In the event that this Initiative and one or more initiatives which, if approved, would regulate the use or development of the San Geronimo Golf Course in any manner whatsoever (each, a “Conflicting Initiative”) are adopted by the voters at the same election, then it is the voters’ intent that only the measure which receives the greatest number of affirmative votes will control in its entirety and said other measure or measures will be rendered void and without any legal effect. If this Initiative is approved by the voters at the same election as a Conflicting Initiative, and such Conflicting Initiative is later held invalid, this Initiative will be self-executing and given full force of law.

Section 7. Interpretation and Severability.

This Initiative must be broadly construed in order to achieve the purposes stated above. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the County and others in a manner that facilitates the purpose set forth in this Initiative. If any provision of this Initiative is declared invalid, or any application thereof to any person or circumstance is held invalid, such invalidity will not affect any provision or application of this Initiative that can be given effect without the invalid provision or application. To this end, the provisions of this Initiative are severable.

Section 8. Amendment and Repeal.

The provisions of this Initiative may only be amended or repealed by a majority of the voters of the County voting in an election held in accordance with state law.