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HomeMy WebLinkAboutCC Resolution 11686 (Smith Ranch Pond Management Plan)RESOLUTION NO. 11686 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ACCEPTING THE COMPLETED SMITH RANCH POND MANAGEMENT PLAN, AUTHORIZING A ONE- TIME DREDGING OF THE POND AND LUDWIGIA REMOVAL FUNDED BY ADJACENT PROPERTY OWNERS AS SATISFACTION OF CONDITIONS OF POND MAINTENANCE AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ADJACENT PROPERTY OWNERS TO FUND THE DREDGING AND LUDWIGIA REMOVAL WHEREAS, the Smith Ranch Pond is located on City -owned property near the intersection of Smith Ranch Road and Deer Valley Drive; and WHEREAS, the City granted entitlements for development within the watershed of the Smith Ranch Pond including Environmental and Design Review permits for the Deer Valley Apartments (ED94- 77), 111 Smith Ranch Road (ED89-59) and Smith Ranch Court homes (ED95-84); and WHEREAS, each of these development entitlements required financial participation of the property owners in maintaining the Smith Ranch Pond and in preparation of a Pond Management Plan to determine and prioritize necessary maintenance activities; and WHEREAS, the Planning Commission appointed an eight -member Smith Ranch Pond Management Committee in May, 1992 to work with a consultant in preparing the Pond Management Plan; and WHEREAS, the Pond Management Plan was prepared by Resource Management International, Inc. in May, 1996 and unanimously recommended for acceptance by the Planning Commission at its meeting of May 14, 1996; and WHEREAS, the Pond Management Plan has to date not been accepted by the City Council and implementation measures have not been determined; and WHEREAS, sedimentation of the Smith Ranch Pond has resulted in the need for dredging to restore the Pond's habitat value for a variety of wildlife species; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael accepts the Smith Ranch Pond Management Plan and determines the following: 1. The highest priority maintenance measures to restore the Pond involves dredging and removal of invasive Ludwigia, as recommended by the Pond Management Plan, and such dredging and vegetation removal should occur in 2005; 2. The dredging and Ludwigia removal will be funded entirely by the property owners of the Deer Valley Apartments, 111 Smith Ranch Road and the Smith Ranch Court homeowners, with relative contributions of the property owners based on their proportional ownership of land within the Pond's watershed area; 3. The one-time dredging and Ludwigia removal will satisfy the Pond maintenance conditions specified in ED94-77, ED95-84, and ED89-59 with the exception of annual removal of trash and invasive upland species (fennel, broom and pampas grass), which shall remain the responsibility of the owners of the Deer Valley Apartments; and 4. The City Manager is authorized to enter into an agreement in a form approved by the City Attorney with the three property owners to fully fund the one-time dredging and Ludwigia removal to occur in 2005. 5. The City Manager is authorized to execute an agreement with the owners of the Deer Valley Apartments, in a form approved by the City Attorney, for annual removal of trash and upland invasive plant species. I, JEANNE M. LEONCINI, 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 on Monday, the twentieth day of December, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANE M EONCINI, City Clerk .