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 .