RESOLUTION
NO. 2001-93
RESOLUTION OF
THE MARIN COUNTY BOARD OF SUPERVISORS
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