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HomeMy WebLinkAboutCC Resolution 11642 (Native Grassland Enhancement Program)RESOLUTION NO. 11642 RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL AUTHORIZING THE SIGNING OF AN EXTENSION TO A RIGHT -OF -USE AGREEMENT WITH SIGNATURE PROPERTIES FOR IMPLEMENTATION OF A NATIVE GRASSLAND ENHANCEMENT PROGRAM ON OAKHILL CITY OPEN SPACE (Extension valid for one year, or until October 4, 2005) The City Council of the City of San Rafael hereby resolves as follows: The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, an extension to a Right -of -Use Agreement with Signature Properties for the implementation of a native grassland enhancement program on the Oakhill City Open Space (APN 175-060-18 and 19), a copy of which is attached hereto and incorporated herein by this reference. I, JEANNE M. LEONCINI, City 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 held on the 4th day of October, 2004, by the following vote to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None Ccrsoak2.doc JE M. LEONCINI, City Clerk u I NAL ��b EXTENSION NO. 1 - RIGHT OF USE AGREEMENT This extension of a Right of Use Agreement ("Agreement Extension No. I") by and between Signature Properties, Inc., a California corporation (herein "Signature"), and the City of San Rafael (herein "City") is entered into as of the 4th day of October, 2004. WITNESSETH RECITALS WHEREAS, Signature is currently developing a mixed-use project commonly referred to as Redwood Village (formerly Ranchitos Park) on 17.5+ acres located at North San Pedro Road and Los Ranchitos Road, APN 179-131-01 and portion of 179- 142-30 (the "Project"); and WHEREAS, the Project would result in the loss of 5.85 acres of native grassland, which requires replacement. The conditions of approval for the Redwood Village project require the development and implementation of a native grassland mitigation plan, which establishes an on-site native grassland replacement ratio of 1:1 (one acre of replacement for every one acre of loss) and an off-site replacement ratio of 2:1. A portion of this native grassland is to be mitigated on the Redwood Village project site, while a majority of the native grassland mitigation is required to be mitigated off-site; and WHEREAS, the City of San Rafael owns 16+ acres of undeveloped open space, APN 175-060-18 and 19, which is located in close proximity to the Project, near the intersection of Los Ranchitos Road and Golden Hinde Way (herein "Oakhill Public Open Space"). The Oakhill Public Open Space contains non-native grassland and some native grassland. It has been determined by LSA Associates, Inc., qualified biologists, that this land is a suitable site for the creation of new and the enhancement of existing native grassland; and WHEREAS, City -owned opens space is regulated by Title 19 (Open Space) of the San Rafael Municipal Code. Section 19.10.030 of this title establishes general management policies for open space, which include: (a) allowing improvements to such land for the purpose of preserving natural amenities; and (b) encouraging the cooperation and participation of private groups in the management and preservation of open space lands. The establishment of new and enhancement of existing native grassland on the Oakhill Public Open Space would be consistent with the purpose of Title 19, in that it would facilitate recreating the native conditions on this site; and WHEREAS, an off-site native grassland mitigation plan (the "Plan") was prepared by LSA Associates, biologists (December 12, 2002), and conditioned and approved by the City of San Rafael, which sets forth procedures and actions to achieve the establishment of new and enhancement of existing native grassland on the Oakhill Public Open Space. A copy of the Plan is on file with the Community Development Department. The Plan includes the enhancement and establishment of native grassland 1 CUPS populations, a management and monitoring plan and contingency measures to ensure that the enhancement goals are achieved; and WHEREAS, on March 3, 2003, the City Council adopted Resolution No. 11272, which authorized the signing of a Right -of -Use Agreement with Signature Properties for implementation of the Plan on the Oakhill City Open Space. The agreement was subsequently executed, assumes implementation of the Plan over a five-year period, and approved for a term of one year. The terns of the agreement require Signature to submit annual monitoring reports and that the agreement be extended on a year-to-year basis; and WHEREAS, a request for a one-year extension of the agreement has been filed by Signature. This request is accompanied by an annual monitoring report prepared by LSA Associates, Inc. The annual monitoring report concludes that the initial steps and procedures of the native grassland mitigation program have been successfully completed. NOW, THEREFORE, in consideration of the mutual goals contained herein, the parties do hereby agree to a one-year extension to the Right -of -Use Agreement subject to the following conditions: 1. Terms: All of the terms, requirements, conditions and limitations for use of Oakhill Public Open Space that are outlined in the initial Right -of -Use Agreement, executed on March 3, 2003 shall be required in and applied to the granting of this extension. 2. Future Requests for Extension: The extension is valid for one year, or until October 4, 2005. Additional one-year extensions can be granted by approval of the Community Development Director, in a form acceptable to the City Attorney, provided that: a) the annual monitoring report demonstrates that the Plan is being successfully implemented; and b) there have been no changes in City regulations or policies pertaining to the management of City -owned open space land that would be compromised by the continued implementation of the Plan. If, in the event the annual monitoring report demonstrates that the Plan is not successful in its goals to create native grassland, any request for additional extensions to the agreement shall require action by the City Council. 3. Notices: All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To City: Robert Brown Project Manager City of San Rafael 1400 Fifth Ave., P.O. Box 151560 San Rafael, CA 94915-1560 or as applicable: City Risk Manager City of San Rafael 1400 Fifth Avenue, P.O. Box 151560 San Rafael, CA 94915-1560 To Signature: Michael Ghielmetti (Project Director) Signature Properties, Inc. 4670 Willow Road, Suite 200 Pleasanton, CA 94588 Signature Properties, Inc., CITY OF SAN RAFAEL a California corporation, 4J. By: By:Albe Its: President Its: Mayor ATTEST: moi• ��--��,.,, - anne M. Leoncim, City Clerk ADZ �d G /N ary T. R anti, City orney oakhll egreeati doe