RESOLUTION NO.  2001-93

RESOLUTION OF THE MARIN COUNTY BOARD OF SUPERVISORS

AFFIRMING AND CLARIFYING RESOLUTION NO. 2000-146

 

               WHEREAS, the Marin County Board of Supervisors recognizes the important natural habitat value of our County’s baylands; and

 

               WHEREAS, the Board also recognizes the appreciable benefit of additional public partners to help fund long term protection and management of these lands; and

 

               WHEREAS, in Resolution 2000-146, attached hereto and incorporated by reference, the Board declared its unanimous support for the U.S. Fish and Wildlife Service ("USFWS") Land Protection Planning process intended to study the possibility of establishing a new national wildlife refuge on portions of Marin County’s baylands; and

 

               WHEREAS, during the initial phase of the planning process the Board was made aware of many concerns regarding creation of a new wildlife refuge, including, but not limited to, concerns about loss of affordable housing sites, impacts on existing flood control and wastewater management programs, impacts on public transit, air traffic, and trail opportunities within the study area, impacts associated with boating access and channel maintenance along Marin’s bayside shoreline, and lack of fairness in the initial planning and communication of the process; and

 

               WHEREAS,  the next stage of the process would involve establishing a study area and undertaking studies within that area, in accordance with the National Environmental Policy Act ("NEPA"), so as to evaluate the environmental, social, and economic effects that might occur as a result of creating a new wildlife refuge; and

 

               WHEREAS, only after such studies are undertaken and publicly reviewed will the USFWS be prepared to recommend to the Director of the Service whether it is appropriate to establish a new wildlife refuge, and if so, in what location; and

 

               WHEREAS, if the Director of the USFWS approves creation of a new refuge, it is the longstanding policy of the USFWS to only acquire rights or title to property from willing sellers in consideration of just and reasonable compensation; and

 

               WHEREAS, the USFWS has acknowledged in written documents, also attached hereto, that private property rights are not affected by creation of a wildlife refuge, including no modification of local land use regulation and no diminution of the right to develop property or to sell to any buyer, or to control access; and

 

               WHEREAS, in spite of all of these facts, there continues to be public concerns about these very issues;

 

               NOW, THEREFORE, BE IT RESOLVED that the Marin County Board of Supervisors reaffirms its support of the U.S. Fish and Wildlife Service (USFWS) Land Protection Planning process, and encourages the USFWS to proceed with its established process while fully addressing those concerns raised by Marin County residents and other interested parties, and to strive to improve its outreach and communication efforts as the process proceeds, and

 

               BE IT FURTHER RESOLVED that the Board of Supervisors encourages the USFWS to carefully consider whether to include for further study those portions of the lands of St. Vincent’s/Silveira “west of the railroad tracks” in light of current and recently completed land use processes associated with those lands.

 

               PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of Marin held on this 17th day of July, 2001, by the following vote:

 

AYES:           SUPERVISORS       John B. Kress, Steve Kinsey, Harold C. Brown, Jr.

NOES:           SUPERVISORS       Cynthia L. Murray, Annette Rose

ABSENT:       NONE

 

 

 

                                                                                                                                                         

                                                                             PRESIDENT, BOARD OF SUPERVISORS

ATTEST:

 

 

 

                                                        

CLERK