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Home My WebLink AboutPW Smith Ranch Pond____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 4-3-297 Council Meeting: 2/20/2018 Disposition: Continued if necessary Agenda Item No: 7.b Meeting Date: February 20, 2018 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Bill Guerin, Director of Public Works City Manager Approval: __________ File No.: 08.09.25 TOPIC: SMITH RANCH POND LUDWIGIA ERADICATION PROJECT APPROVAL SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A RIGHT-OF-ENTRY TO GALLINAS CREEK WATERSHED COUNCIL FOR THE PURPOSE OF ENTERING THE CITY-OWNED PROPERTY KNOWN AS SMITH RANCH POND TO REMOVE THE INVASIVE SPECIES, LUDWIGIA RECOMMENDATION: Adopt the resolution for allowing the Gallinas Creek Watershed Council and their hired construction crews and/or agents to enter Smith Ranch Pond for construction work related to the removal and eradication of the invasive Ludwigia plant. BACKGROUND: Over several years, an invasive plant called Ludwigia has taken over a good portion of Smith Ranch Pond, a City-owned property known as Assessor Parcel Number 155-251-15 located at the northeast corner of Smith Ranch Road and Deer Valley Road intersection. The pond serves as both habitat enhancement and stormwater retention. Not only has the Ludwigia begun to outcompete the native wetland plants in the pond, it has degraded habitat and has overgrown to the point where it has begun diminishing the pond’s capacity for water retention. From the time it was first detected several years ago, the Gallinas Creek Watershed Council has been interested in removing the Ludwigia to allow subsequent native revegetation through natural means. Roger Roberts, who represents the Gallinas Creek Watershed Council, is leading the project and has been successful in attaining support from Marin Conservation League Parks & Open Space Committee, Gallinas Watershed Council, San Rafael Chamber of Commerce, state and federal permitting agencies and the Audubon Society. Additionally, the project has the support of the City of San Rafael Community Development Department, as well as the Department of Public Works. On a professional basis, design and planning support has been provided pro-bono from Rachel Kamman, of Kamman Hydrology & Engineering and Christina Toms of the SF Bay Area Region Water Quality Control Board. The tentative plan for the project is to complete planning and attain permitting by late May 2018, hire a contractor and begin removal by July 2018. Completion of the project is expected by the end of September 2018. Removing the invasive species is categorized as maintenance of existing facilities with no expansion of the existing facilities, which will have no adverse impact on the environment and is SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 therefore categorically exempt under the California Environmental Quality Act (CEQA). A Notice of Exemption will be filed at the Marin County Clerk’s Office prior to applying for the state and federal permits. PUBLIC OUTREACH: Public outreach has occurred through project presentations to local committee organizations that have an interest in the project and to local residents within the pond vicinity. FISCAL IMPACT: Staff time for administrative planning and aiding in project management by the City of San Rafael Department of Public Works will be the only fiscal impact. OPTIONS: 1. Adopt the resolution as presented; 2. Conditionally approve the resolution while imposing conditions at the discretion of the City Council; or 3. Reject the resolution and do not allow Gallinas Creek Watershed Council access to the City owned property. If this option is chosen, the invasive species will be allowed to proliferate and would result in continued environmental degradation of the pond ACTION REQUIRED: Staff recommends that the City Council adopt the resolution authorizing the City Manager to execute a Right-of-Entry agreement giving the Gallinas Creek Watershed Council and their agents access to the City-owned property known as Smith Ranch Pond. ATTACHMENTS: 1. Resolution approving entry onto City-owned property and authorizing the City Manager to execute a Right-or-Entry agreement. 2. Exhibit to Resolution - Right-of-Entry Permit to Gallinas Creek Watershed Council and their agents. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A RIGHT-OF-ENTRY TO THE GALLINAS CREEK WATERSHED COUNCIL FOR THE PURPOSE OF ENTERING THE CITY-OWNED PROPERTY KNOWN AS SMITH RANCH POND TO REMOVE THE INVASIVE SPECIES, LUDWIGIA. WHEREAS, Smith Ranch Pond is located within a parcel known as Assessor’s Parcel Number 155-251-15, which is owned by the City of San Rafael; and WHEREAS, an invasive plant known as Ludwigia has proliferated and nearly taken over Smith Ranch Pond, and has degraded the Pond’s habitat and reduced its stormwater retention capacity; and WHEREAS, the Gallinas Creek Watershed Council has taken a lead role in pursuing action to remove the invasive Ludwigia plant from the Pond; and WHEREAS, the Gallinas Creek Watershed Council is requesting a right-of-access from the City of San Rafael to access the Pond property for conducting the work necessary to eradicate the invasive Ludwigia plant; NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves granting a right-of-entry into Assessor’s Parcel Number 155-251-15 to the Gallinas Creek Watershed Council and its agents for the purpose of removing the invasive Ludwigia from Smith Ranch Pond; and authorizes the City Manager to execute the Right-of-Entry agreement attached hereto and incorporated herein by reference, subject to final approval as to form by the City Attorney. I, LINDSAY LARA, Interim 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 City Council of the City of San Rafael, held on Tuesday, the 20th of February 2018, by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ________________________ Lindsay Lara, Interim City Clerk Gary O. Phillips, Mayor • John Gamblin, Vice Mayor • Kate Colin, Councilmember • Maribeth Bushey, Councilmember • Andrew Cuyugan McCullough, Councilmember February 20, 2018 File No: 08.09.25 RIGHT OF ENTRY Assessor’s Parcel Number 155-251-15 Smith Ranch Pond Limited permission is hereby granted to the Gallinas Creek Watershed Council and its Agents, Consultants and Contractors (collectively, the “Grantee”), by the City of San Rafael, the property owner (“Grantor”), to enter Grantor’s property bearing Assessor’s Parcel Number 155-251-15, and commonly known as Smith Ranch Pond (the “Property”), to perform removal operations of an invasive plant [ludwigia] on the Property. Grantee agrees that it shall exercise reasonable care to protect the Property at all times during construction/operations. The Grantee, at its sole expense, will replace and/or repair any damage to the Property resulting from this construction project, or in any way related to Grantee’s activities on the Property pursuant to this Right of Entry. Upon completion of Grantee’s project, Grantee, at its sole expense, will restore property damaged by the Grantee or its agents to its original state and condition to Grantor’s satisfaction. The Grantee agrees to hold Grantor harmless from and to indemnify Grantor for any liabilities for injuries to any persons and/or real and/or personal property of Grantor or any third party resulting from Grantee’s activities on the Property pursuant to this Right-of- Entry. This Right-of-Entry is personal to Grantee, and shall not be assigned without Grantor’s prior written consent. The term of this Right-of-Entry shall commence upon its execution by both Grantor and Grantee, and will expire when Grantee’s work on the Property is complete, but no later than December 31, 2021. Notwithstanding the foregoing, Grantor may, in its sole discretion, terminate this Right-of-Entry at any time upon five (5) days’ written notice to Grantee at the address provided below. Understood and agreed: CITY OF SAN RAFAEL, GRANTOR: GALLINAS CREEK WATERSHED COUNCIL, GRANTEE: By: _____________________________ By: _______________________________________ Jim Schutz Print Name:__________________________________ Title: City Manager Title: _____________________________________ Address: 1400 Fifth Avenue Address: _________________________________ San Rafael, CA 94901 ____________________________________________ Date: ___________________________ Date: ________________________________ STAFF REPORT APPROVAL ROUTING SLIP Staff Report Author: Kevin McGowan/David Nicholson Date of Meeting: 02/20/2018 Department: Public Works Topic: Smith Ranch Pond Ludwigia Removal Subject: ACCEPT ADOPTION OF A RESOLUTION RELATED TO APPROVAL FOR ENTRY ONTO CITY PROPERTY FOR ERADICATION OF THE LUDWIGIA FROM SMITH RANCH POND, CITY PROJECT NO. TO BE DETERMINED Type: (check all that apply) ☒ Consent Calendar ☐ Public Hearing ☐ Discussion Item ☒ Resolution ☐ Ordinance ☐ Professional Services Agreement ☐ Informational Report *If PSA, City Attorney approval is required prior to start of staff report approval process Was agenda item publicly noticed? ☐ Yes ☐No Date noticed: ☐Mailed ☐Site posted ☐Marin IJ Due Date Responsibility Description Completed Date Initial / Comment DEPARTMENT REVIEW FRIDAY noon 02/02 Director Director approves staff report is ready for ACM, City Attorney & Finance review. ☐ CONTENT REVIEW MONDAY morning 02/05 Assistant City Manager City Attorney Finance ACM, City Attorney & Finance will review items, make edits using track changes and ask questions using comments. Items will be returned to the author by end of day Wednesday. 2/7/2018 2/7/18 ☐ DS ☐ ☒ Van DEPARTMENT REVISIONS WEDNESDAY noon 02/07 Author Author revises the report based on comments receives and produces a final version (all track changes and comments removed) by Friday at noon. Click here to enter a date. ☐ ACM, CITY ATTORNEY, FINANCE FINAL APPROVAL MONDAY morning 02/12 Assistant City Manager City Attorney Finance ACM, City Attorney & Finance will check to see their comments were adequately addressed and sign-off for the City Manager to conduct the final review. Click here to enter a date. Click here to enter a date. Click here to enter a date. ☐ ☐ ☐ TUES noon 02/13 City Manager Final review and approval ☐ February 15,2018 Mayor Phillips and San Rafael City Council San Rafael City Hall 1400 5th Avenue San Rafael, CA 94901 RE: Smith Ranch Pond Ludwigia Eradication Project Approval Dear Mayor Phillips and Council Members: .... MARINrrr CONSERVATION LEAGUE Protecting Marin S ince 1934 The Marin Conservation League (MCL) supports the Gallinas Watershed Council's (GWC) project to remove the invasive weed Ludwigia from Smith Ranch Pond on Smith Ranch Road. Ludwigia species are known to clog bodies of water, interfere with fish passage and flood control, and reduce the diversity of native plants in and around a body of water, in part by reducing the availability of oxygen in the water, making it difficult for other plants and animals to survive. Over many years, members of MCL, beginning with former MCL president and long-time San Rafael resident Jean Starkweather (deceased), have followed the Smith Ranch Pond project from the time that it was set aside as mitigation for development of apartment complexes in the upper watershed. Its dual function has been to retain storm water and to provide freshwater habitat. In recent years the habitat function has been severely compromised by the takeover of the invasive aquatic weed Ludwigia. Volunteers like Jean and Roger Roberts and Rachel Kamman and others have invested many hours in determining how to effectively eradicate the invasive weed at the least cost to the city. They have now devised a solution that will enable the pond to be restored as habitat, while continuing to retain stormwater. It should be implemented. MCL encourages approval of the resolution to allow GWC and its agents to seek the necessary permits and to perform removal of the invasive weed in hopes of eradicating it so that populations of native species will once again thrive. Thank you for your consideration. Kate Powers President 175 N. Redwood Dr., Ste. 135, San Rafael, CA 94903 I 415.485.6257 I mcl@marinconservationleague.org Marin Conservation League was founded in 1934 to preserve, protect and enhance the natural assets of Marin County. LEGEND LiDAR ELEVATION (NAVD88-ft) --2-0 -1-5 6 -10 11 -15 16 -20 21 -25 26 -30 31 -35 36 -40 41 -45 46 -50 51 -55 56 -60 61 -65 66 -70 71 -75 76 -80 81 -85 86 -90 o STORM WATER NODE/INLET STORM WATER PIPE (SOURCE: -CITYOFSAN RAFAEL, 2016) APPROXIMATE ES3 POND SURFACE AREA SMITH RANCH +--POND OUTFALL TO GALLINAS CREEK SMITH RANCH POND SUB-DRAINAGE IIT-"'''' K amman Hydrol ogy & Engineering, Inc. 7 Mt La.uen Drlllt, Suitt 8-250 San Rofol!t CA 9490J 1415149J ·9600 I DATE: lllUIl ( .~. 'U'~"U ~ ... ~ ~. ..Imagary (Sou"o)I(Oolo ): (Wo~d Imogery : Es~. Olgi tllGlo be. Earthstsr Geograph ies , CNES/Alrbus OS , GeoEye , USDA FSA, USGS, Getmapplng , Ae rggrid, IGN , IGP, swisstopo , l\IIAP PROJECTION : NAD83 CA SP Z 3 and the GIS U.erCommuniIyV(July 2015) b. Map Horizontal Pro jection : Nad 83 State Plane , CAlane 3 MAP VERTICAL DATUM: NAVD88-ft c. ~'::'~~~~~;t·renc.th. North Amer ica n Dalum of 1988 l o. Topography is 20 10 Golde" Gate LlDAR . MAP SCALE : AS SHOWN f. Pond vo lume assumes th. producl 01 pond surface and a 2·ft pond dep th I l\IIAPPING BY: CH Smith Ranch Pond, San Rafael, CA o 250 500 1,000 Feet I I I o 0.075 0.15 0.3 Miles ~ NOTES: 1. ACCESS OPTION B: 12 FT TEMPORARY ACCESS ROUTE . CLEAR WITH NO GRUBBING. REVEGETA TE AFTER CQNSTRUCTION ,...., .. - Kamman Hydrology & Engineering, Inc. KAMMAN HYDROLOGY & ENGINEERING, INC . (415) 491-9600 DATE: 9/7/2017 VERTICAL DATUM: NAV088-FT CONTOUR DATA: 2010 GOLDEN GATE UDAR HORIZONTAL PROJECTION: NAD83 CA SP Z III SMITH RANCH POND 2017 MAINTENANCE VEGETATION REMOVAL CONCEPTUAL PLAN : 30% DRAFT NOT FOR CONSTRUCTION REVISIONS DESCRIPTION DATE BY