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
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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.
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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.
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(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.
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(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:
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Clerk
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CITY
a or
APPROVED AS TO FORM
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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
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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