Loading...
HomeMy WebLinkAboutCC Resolution 8664 (Habitat Analysis)RESOLUTION NO. 8664 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A $9,400 CONTRACT WITH BIOSYSTEMS ANALYSIS, INC. TO PROVIDE A HABITAT ANALYSIS OF THE ST. VINCENTS/SILVEIRA PROPERTY WHEREAS, the City Council approved a work program and funding for the St. Vincent's/ Silveira Study on April 20, 1992; and WHEREAS, the work program included funding for a habitat analysis; and WHEREAS, the City sent out a Request for Proposals to five qualified firms; and WHEREAS, BioSystems Analysis, Inc. is a well established and qualified firm to conduct the analysis; having performed directly related work on General Plan Amendment studies for other cities, as well as numerous biological resource studies; and WHEREAS, staff reviewed the proposals with the St. Vincent's /Silveira Consultant Subcommittee, and the Subcommittee agreed this firm was well qualified to conduct the study; and WHEREAS, BioSystems Analysis, Inc. can provide the requested Habitat Analysis in timely fashion within the proposed budget. NOW THEREFORE BE IT RESOLVED, the City Council hereby approves an agreement with BioSystems Analysis, Inc., copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that the City Council authorizes the Mayor and City Clerk to execute said agreement on behalf of the City of San Rafael. 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 18th of May, 1992, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey r --=EM. ---k— ---------- JEEONCINI, City Clerk ORIGINAL �s�y PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this 18th day of MAY , 1992, between the CITY OF SAN RAFAEL a Municipal Corporation (hereinafter referred to as CITY) and BIOSYSTEMS ANALYSIS, INC. (hereinafter called CONSULTANT). A. RECITALS: WHEREAS, St. Vincent's/Silveira Advisory Committee and City Council have approved a work program for the St. Vincents and Silveira Study. The Work Program includes a habitat analysis of the property; WHEREAS, CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. AGREEMENT 1. DEFINITIONS: The following definitions shall apply to the following terms, except where the context of this agreement otherwise requires: (a) Commencement of Services: Consultant agrees to commence work immediately after the date of the signing of this contract. (b) Completion of Services: August 31, 1992 2. CONSULTANT AGREES AS FOLLOWS: (a) CONSULTANT shall undertake and perform the Habitat Analysis as identified in the attached Exhibit A. (b) CONSULTANT shall supply copies of administrative draft and final survey reports to Planning staff within time frames specified. (c) CONSULTANT shall attend one Advisory Committee meeting to present findings of the final survey report. (d) CONSULTANT represents that in addition to staff identified in the initial proposal, the following staff shall be involved in the project: Greg Andrew, Senior Wetlands Ecologist; Sarah Chamberlain, Wetlands Specialist. - 1 COPY 3. CITY AGREES AS FOLLOWS: (a) In consideration of CONSULTANT'S Agreement to perform well and sufficiently and in a skillful and professional manner the services contemplated herein, CITY agrees to pay CONSULTANT $9,400, one half of which is due upon receipt of the Administrative draft report and the second half of which is due after presentation of the report to the Advisory Committee. 4. CITY AGREES TO PROVIDE TO CONSULTANT: (a) All information identified in the proposal, and other assistance as needed. (b) Such other information as is generally available from CITY files applicable to the project. (c) Assistance, if necessary, in obtaining information from other governmental agencies or private parties. However, it shall be CONSULTANT'S responsibility to make all initial contact with respect to the gathering of such information. 5. OWNERSHIP OF DOCUMENTS: All documents, originals, graphic exhibits and correspondence developed or received during the course of the survey shall become the property of the CITY and shall be delivered to the CITY. 6. STATUS: CONSULTANT is an independent contractor and shall not be deemed, directly or indirectly, to be an officer or employee of the CITY. 7. AFFILIATION: During the length of preparation of the Habitat Analysis, noYmember or affiliate of the CONSULTANT or CONSULTANT team shall be an employee of a property owner of the two properties involved in the Study. 8. TERMINATION: (a) The CITY reserves the right to terminate this Agreement at any time by providing written notification to the CONSULTANT. Should said notification be received by the Consultant, all work under this Agreement shall terminate, except for what minor work is required to provide the City with a clear understanding of work completed and work remaining. - 2 - (b) CITY shall pay CONSULTANT all sums then due and unpaid under this Agreement, including sums for work not completed, but in preparation. Payment by CITY of such compensation shall be considered full and final settlement for all work performed by the CONSULTANT under this Agreement. (c) Upon receipt of final payment, all materials and documents, whether finished or not, shall become the property of and shall be delivered to the CITY. (d) It is mutually understood and agreed that this Agreement shall be binding upon the CITY and upon the CONSULTANT, their successors, executors, or administrators. Neither this Agreement nor any part thereof, nor any monies due or to become due under this Agreement may be assigned by the CONSULTANT without the written consent of the CITY. 9. NOTICES OF DESIGNATED REPRESENTATIVES: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 9. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: CITY: Jean Hasser, City of San Rafael Planning Department, PO Box 151560, San Rafael, CA 94915-1560 415-485-3085 CONSULTANT: Gary Ahlborn or Jeremy Pratt, BioSystems Analysis Inc., 3152 Paradise Drive, Building 39, Tiburon, CA 94920 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee 48 hours after deposit thereof in the United States mail, postage prepaid and property addressed as set forth above. 10. INSURANCE: With respect to performance of work under this agreement, CONSULTANT shall maintain insurance as described below: (a) General Liability Insurance: Commercial or Comprehensive General Liability insurance covering bodily injury and property damage utilizing an occurrence policy form, in an amount no less than $1,000,000 combined single limit for each occurrence. Said insurance shall include, but not be limited to: premises and operations liability, property damage liability, and personal injury liability. --3- (b) Automobile Liability Insurance: Insurance covering bodily injury and property damage in an amount no less than $1,000,000 combined single limit for each occurrence. Said insurance shall include coverage for owned, hires and non -owned vehicles. (c) Worker's Compensation Insurance: CONSULTANT shall be required to maintain full workers' Compensation Insurance for all persons employed directly in carrying out the work specified herein, in accordance with provisions of the State of California Labor Code. (d) Endorsements: Each said comprehensive or commercial general liability and automobile liability insurance policy shall be endorsed with the following specific language: 1) The CITY, its officers and employees, is named as additional insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement. 2) This policy shall not be cancelled without first giving 30 days prior written notice to the CITY. 3) This policy shall not be cancelled or materially changed without first giving 30 days prior written notice by the insurer to the CITY by certified mail. 4) The CITY, its elected officials, officers, employees, and agents are named as additional insureds for all liability arising out of the operations by or on behalf of the named insured in the performance of this agreement. 11. INDEMNIFICATION Consultant agrees to hold CITY harmless from and against liability arising out of CONSULTANT negligence in connection with the performance of the work described in the attached Exhibit A. 12. ASSIGNMENT: No Assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without prior written consent of CITY. 13. GOVERNING LAW: SM This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. ARBITRATION: All claims or disputes between the CITY and the CONSULTANT relating to this Agreement shall be decided by artitration in accordance with the rules of the American Arbitration Association, conducted in Marin County under the laws of the State of California. The decision of the arbitrator shall be final and binding on the parties. In interpreting the provisions of this Agreement, the arbitrator may make an award of costs and fees, including attorney's fees necessitated by arbitration. 15. ALTERATIONS: This Agreement may be modified, as necessary, for the successful and timely completion of the services to be provided. Any alteration shall be expressed in writing, as an amendment to this Agreement and shall be approved by both parties. ENTIRE AGREEMENT: This Agreement supercedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing, and signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULTANT ATTEST: --------- --- Clerk - 5 - CITY a or APPROVED AS TO FORM -,& �-I� *fr2 City Attorney EXHIBIT A HABITAT ANALYSIS STUDY OBJECTIVES: The St. Vincent's/Silveira habitat analysis is part of a constraints analysis being used to determine which portions of the largely undeveloped, 1,200 acre property are more or less suitable for potential development. Habitat resources are an extremely important part of this evaluation. An Advisory Committee will be using the information from the study to make its recommendations on amount, type and location of development, which is expected to lead to a General Plan Amendment (GPA). Information from this analysis will also be used for environmental review of the GPA. The consultant is asked to provide an assessment of site vegetation and wildlife using site. Using available studies, supplemented by field reconnaisance where needed, the consultant is to evaluate which site habitat areas are more sensitive and which are less sensitive, and specific protections of any site habitat areas required by law. The study should not only evaluate local site significance, but the areawide or regional significance of site habitat. PRODUCT The product requested is a habitat study report consisting of: I. Background. 1. A brief historic description of the study area and environs along with county location and study area boundary maps, and modifications to natural landforms which have occurred. (City shall provide base maps upon request) II. Site Habitat Evaluation 1. Special status species: Map, evaluate and define sensitive species areas. Note: A 1991 study of special status species was conducted for St. Vincents (870 acres). A 1991 MMWD assessment of a pipeline alignment across both properties provides additional assessments of portions of both sites. Portions of the 345 acre Silveira property have not been field surveyed for wildlife species, although a botanical survey was conducted in early May, 1992. Field Reconnaissance of St. Vincent's property will be conducted for special status wildlife species. a. Review special status species known from the region b. Based on field reconnaissance and available studies, evaluate the likelihood of the potential occurrence of special status species on the site. As needed, conduct field reconnaissance of sensitive species not found in prior studies but with a moderate or high likelihood of occurrence on site. c. Based on field reconnaissance and available studies, evaluate the presence of special status habitat areas on the site. L Unless a Corps jurisdiction is completed for the Silveira property, consultant would provide peer review of the preliminary wetlands assessment, and contact US Army Corps personnel to incorporate their considerations for the jurisdictional designations of such areas d. Classify special status species and habitat areas according to DFG and FWS and protections required. 2. Other habitat use of the site a. Map and describe/ evaluate map general site habitat areas. For example, describe quality of plant communities. Identify what species use the site at various times of the year. How unusual/ threatened are the various habitat communities? b. Review area bird surveys provided by US Fish and Wildlife Service, Las Gallinas Valley Sanitary District, and St. Vincent's Survey and evaluate importance of site for bird use: nesting, foraging, etc. c. Field reconnaissance of St. Vincent's oak woodlands, and Silveira property for bird nesting and use. d. Document review and field reconnaissance of aquatic resources in Miller Creek III. Cumulative Habitat Evaluation Regional Context and North San Rafael/Novato Context In this section the City is looking for an evaluation of this site's habitat value in its relation to other area properties and the region. Does its location increase or decrease its overall value for habitat? If the site, or portions of the site were developed, how would this affect remaining adjacent or regional habitat areas? IV. Summary of Findings and Conclusions We expect a map of general site habitat areas overlain by sensitive species habitats; identification of more/less sensitive portions of the site; and planning level generalized recommendations for protection/ preservation of site habitat areas. All areas of site would be mapped. V. Additional Studies Needed Recognizing this is a planning level analysis for a General Plan Amendment, the Consultant is to recommend more detailed studies needed as part of a future specific plan or a master development plan for the property. VI. Present Findings Consultant is to present findings at a July 9, 1992 St. Vincent's/ Silveira. Advisory Committee meeting. V. Cost of this study is not to exceed $9,400. VI. Time Frame Award of Consultant Contract: May 18 Administrative draft report to City by June 24 City staff to review draft report by June 29 Final report due July 3, 1992 Present Findings at a 7:30 pm July 9, 1992 Advisory Committee meeting May 7, 1992 Jean Hasser, Principal Planner City of San Rafael Planning Dept. P.O. Box 151560 San Rafael, CA 94916-1560 RE: RFP for Habitat Study at the St. Vincent's and Silveira Properties BioSystems is pleased to submit this letter proposal in response to the subject RFP. A short discussion of proposed approach is presented below and our qualifications are appended. Gary Ahlborn, Wildlife Team Leader and Senior Wildlife Ecologist in the Tiburon office will be project manager. Additional resumes are appended for botany (Jim Andre), insect ecology (Anne Huber), and herpetology (Dr. Claudia Luke). Gary and Claudia were project managers on recent planning -related assessments for the City of Dublin, the City of Pleasanton, and the University of California at Davis. BioSystems is prepared to meet the specified schedule (administrative draft report by June 24) assuming a May 18 award. We note that the City is prepared to accept supplementary information after June 24, but we will devote our best efforts to completing all work within the preferred period. BioSystems proposes to conduct the studies described for the fixed price of $9,400. PROPOSED TECHNICAL APPROACH Task 1. Data Collection Prior to initiating any fieldwork, BioSystems will gather and review all pertinent existing data, including the documents listed in Part B of the City's RFP. We also will contact and review information from the U.S. Fish and Wildlife Service (USFWS), California Department of Fish and Game (CDFG), California Natural Diversity Data Base (CNDDB), and California Native Plant Society (CNPS) concerning occurrences of special status plant and wildlife species in the study area. BioSystems will consult with USFWS and CDFG to evaluate the 3152 Paradise Drive, Bldg. 39, Tiburon, CA 94920 • (415) 435-0399 (office) (415) 435-0893 (FAX) potential distribution of special status plant and animal species in the study area. We will obtain a printout of all sensitive plant and wildlife species expected to occur on the Silveira and St. Vincent's properties using the CNDDB. BioSystems will compile information on special status species with potential to occur in the area. Special status species are those listed as: threatened or endangered by the state or federal governments, rare or endangered by the State of California, or on CNPS lists. For plants, a working list will be developed for all rare species known to occur or with potential to occur in the study area. For each of these special status plant species the flowering and fruiting phenologies, and ecological requirements (elevation, exposure, soil, geology, and climate) will be analyzed. In addition, we will review occurrence information and distribution maps from the literature and federal and state agencies for all special status species. Task 2. Environmental Assessment BioSystems will prepare a site habitat evaluation for the Silveira and St. Vincent's properties. The report will include a description of the existing setting, a resource assessment, and a list of recommendations for possible incorporation in General Plan policies. The description of the existing setting will identify and quantify the types of habitat in the study area. This will allow development conflicts to be identified and summarized, and will serve as a basis for mitigation, enhancement, or avoidance recommendations. The resource assessment will be based on both existing information and field reconnaissance; however, intensive surveys are not normally required for natural resources management at the General Plan level. If reconnaissance or other information indicates serious potential conflicts with protected species or ecosystems, more intensive fieldwork may be appropriate and will be considered at that time. Subtask 2.1: Field Reconnaissance — Rare Plants BioSystems will identify and describe potential habitat for rare plant species potentially occurring in the study area. This will be based on aerial photo interpretation, literature review, and preliminary reconnaissance surveys. Field reconnaissance will be focused in those portions of the study area which have potential to support rare plants. Habitats will be evaluated to determine whether they have high, moderate or low sensitivity and potential to support rare plants. Subtask 2.2: Field Reconnaissance — Special Status Wildlife Species BioSystems will conduct general reconnaissance level field surveys by foot and/or vehicle of the study area to identify potential habitat for special status wildlife species. Biologists will record all wildlife species and sign (e.g., tracks, scats, burrows, or nests) on topographic maps of the area. This reconnaissance will serve to identify and map areas of biological importance and potential occurrence of sensitive species, assess wildlife use of habitats, and to compile an incidental wildlife species list. Subtask 2.3: Characterize and Map Habitat Types BioSystems will use aerial photograph interpretation to map the vegetation/habitat types within the boundaries of the study area. Field checking (ground-truthing) for accuracy will follow completion of this task. Vegetation/habitat types will be defined following the classification scheme developed by Cheatham and Haller (1975) and modified by Holland (1986). Each plant community will be described using information from available aerial photos, existing studies and other published literature listed in RFP Section B, and field surveys. The descriptions will include dominant and characteristic species, habitat condition, and successional status. Based on field studies, lists of dominant and characteristic plant species will be made for each habitat type to aid in developing vegetation/habitat type characterizations found on the properties. BioSystems will characterize and map all sensitive habitat types within the study area using computer geographic information systems (GIS). Sensitive habitats are defined by local, state, or federal agencies with resource responsibility in the project area, or by educational institutions, museums, biological societies, or special interest groups with specific knowledge of biological resources of the region. These areas include but are not limited to riparian corridors, wetlands, habitats for legally protected species and species of special concern, areas of high biological diversity, and areas of unusual or regionally restricted habitat types. Identification and mapping of sensitive habitat types will be conducted concurrently with the field check of the vegetation/habitat types map. The wildlife values of the habitats will be described in terms of typical species and their use of the habitats (e.g., nesting, foraging, etc.). All CNDDB species locations will be included on resource inventory maps. Additional information will be obtained from published literature; existing EIRs; consultation with CDFG, USFWS, and other agency personnel; and field surveys. Task 3: Opportunities/Constraints Analysis BioSystems will develop a biological resources sensitivity/constraints map using information gathered during literature and files searches, interviews, and field reconnaissance. The objective of this task is to identify and map sensitive habitats and resources in the subject properties. Sensitive habitats will be defined according to CDFG and USFWS protection requirements; past concerns or actions of local, state, or federal agencies; educational institutions; museums; biological societies; or special -interest groups with specific knowledge of resources in the planning area. They may include riparian corridors, wetlands, habitats supporting protected species or species of special concern, or areas of high biological diversity. Sensitivitv criteria will be proposed at several levels (high, moderate, low) and natural areas will he rated according to these criteria. Base map overlays will be prepared to indicate the location of sensitive habitats. The opportunities/constraints ranking and mapping will include both sensitive species and other habitat use of the site, as required in Section D of the RFP. A cumulative habitat evaluation will consider both the regional and the North San Rafael/Novato context. ST. VINCENTS, SILVEIRA AND LAS GALLINAS VALLEY SANITARY DISTRICT PROPERTIES n 2.82 Ac r• 22.16 Ac. i nR I wkk 64. A W�j Hamilton IR 3 \ 3974dc. Joy la 3T .. 21 �''� 42. n \� a95Ar-= 6•�•- I .y i 20.49 �,,,�rna.,•ar./rr.,•w �9� �= l _? 65AC� Boundary San Rafael Planning Area Boun O jj 43 42 169.51 ACA �\ �� t $ 1 rr , -•66 . r- • x 0. 44 129.67Ac• \\� 1 • 4 - � 404 44 =-� -CYO ss.aet Z J St. Vincents . �l .•• 2 22 ]/ • r 'y Ilk— �• ' � JJrJ.iJJi../. Sf. VincenFi rrar-w onlro[I � _ • � �:,;,;• .-�.%N .::-,;'-_.-'...TS 4 Q � . � I.1� Y:' ..i',San Pablo Ba J /•.1 _ ..� 145.46Ac+ �Ct:; it r` �. T.LSUgv.43 { 244 768 C. 09 5 ,•i%:r aq• Conlrod 17 1/J•r 16 Era 3.1.134 ` A9 [a9ap 1E/o. 3.194 �1� ' -+� �.` /I•� f 4g. 3 C nl 84 ��ll H, .1.94 • , i Silveira •• i• • Gil' .. i - • ryas °--�--- ' r f.3 C. i qHatt . E.p 3.1-94 , Property Statistics St Vincents totals 870 acres 320 acres west of RR 410 acres east of RR and west of LGVSD property 130 wetland acres east of LGVSD property (Existing School campus uses approximately 40 acres) Silveira totals 344 acres 246 acres west of RR 87 acres east of RR north of Honor Farm 11 acres east of RR around Honor Farm Las Gallinas Vallev Sanitary District (LGVSD) totals 390 acrerk 6.5 acres around plant site 384 acres of ponds and wastewater farm irrigation area