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
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JE M. LEONCINI, City Clerk
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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:
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anne M. Leoncim, City Clerk
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