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HomeMy WebLinkAboutCC Resolution 8208 (State Coastal Conservancy)RESOLUTION _NO. 8208 A RESOLUTION AUTHORIZING THE SIGtiING OF A CONTRACT, LEASE OR AGREE%1ENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with State Coastal Conservancy for grant funds to purchase the "Canalways" property, a copy of which is hereby attached and by this reference made apart hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a regular meeting of the City Council of said City held on Monday the 6th day of August 19 go , by the following vote, to wit: AYES: COUNCILI EMBERS : Boro, Brei ner, Shippey, Thayer & Mayor Mul ryan NOES: COUNCILMEMBERS : None ABSENT: COUNOIL1VIEMBERS : None JEANNE lei. LEONCINI, City Clerk SrXTE OF CALIFORNIA CONTRACT NU AM NO JAPPROVED CONTRACTOR STANDARD AGREEMENT BY THE -ATTORNEY GENERAL 90-nl E I STATE AGENCY 37D 2 IREV. 7/861 CONTRACTOR'S STATE I.D. NUMBER DEPT. OF GEN. SER. El CONTROLLER � THIS AGREEMENT. made and entered into this 10th da% of July 19 90 Q In the State of Califorrlid. bN and hett%een State of California. through its dulN elected or appointed. I1: .ilifled and acting TITLE OF OFFICER ACTING FOR STATE AGENCY Executive Officer State Coastal Conservancy d., �4"i" _"I City of San Rafael !11:1 U ILI LJII1.1 Il., GOMI erler. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements. and stipulations of the State tiereinafter expressed, does herebc agree to furnish to the State services and materials, as follo%%-s: Sri forth srrclrr to br rendered by Contractor. amount to br paid Contractor. their for performancr or completion, ane/ attarh plans and speeifleatsons. if any ) SCOPE OF AGREEMENT Pursuant to Chapter 6 of Division 21 of the California Public Resources Code, the State Coastal Conservancy ("the Conservancy") hereby grants to the City of San Rafael ("the grantee") a sum not to exceed five hundred forty thousand dollars (5540,000), subject to the terms and conditions of this agreement. Of these funds, an amount not to exceed $500,000 shall be used to acquire real property located in the County of Marin, State of California, known as "Canalways" (County Assessor Parcel No. 009-010-22, 009-010-23, 009-010-24), more particularly described in Exhibit 1, which is incorporated by reference and attached ("the real property"). The real property shall be acquired for the purposes of habitat preservation and enhancement, and public access, consistent with the Canalways Enhancement Plan approved by the Conservancy on April 19, 1990 ("the Enhancement Plan"). (Continued on the following pages) r =ONTINUED ON — SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. N WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA AG—NCY State OSfGNING vancy 3Y IALTHOR SIGN>RINTE NAMEOF PE Peter Grenell 1: L.E Executive Officer CONTRACTOR CONTRACTOR IIF OTHER THAN AN INDIVIDUAL STATE WHETHETI A CON'ORATON. PARTTI q"W, ETC.) Lity of San Rafael Attest: BY IAHORIZ.E.O SIGNA—Ilr PRINTED NAME AND TTTLE OF PERSON GNING Lawrence E. Plulryan J�Le ncini .L r ity r'lork 1400 Fifth Avenue, San Rafael, CA 94901 AMOUNT ENCUMBERED BY I PROGRAM/CATEGORY ICOOE AND TITLE) I FUND TITLE THM DOCUMENT Enhancement F14HEF s 540,000.00 (OPTIONAL USEI -RIOR AMOUNT ENCUMBERED Canalways AOR THIS CONTRACT S nEM CHAPTR STATUTE FISCAL YEAR --.7—AL--.7—AL AMOUNT ENCUMBERED 3 7 6 0- 3 01- 748 1 313EI 1488 I 8F-'89 TO DATE OBJECT OF EXPENDITURE ICODE AND TTTLEI S 540,000.00 I Resource Enhancement I nercbu certify upon my own personal knOWIEdge that budgeted funds are I T.B.A. ND. I B.R. NO. available for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER DATE X Department of General Services Use Only I certify that this grant is exempt from Department of General Services approv qvj�mrPA A i City of San Rafael Grant No. 90-016 Page Two SCOPE OF AGREEMENT (Continued) If and only if the Grantee acquires the real property as provided in this Agreement, an amount not to exceed $40,000 shall be used to prepare a management plan for the real property, as outlined in the Enhancement Plan. The management plan shall include, but not be limited to recommendations for public access improvements, levee improvements, revegetation plans, a water management plan, and any other intended public use of the real property, consistent with the goals and objectives of the Enhancement Plan. CONDITIONS PRECEDENT TO DISBURSEMENT The Conservancy shall not be obligated to disburse any funds under this agreement unless and until the following conditions precedent have been met: (1) A resolution has been adopted by the City Council of the grantee authorizing the execution of this agreement and approving its terms and conditions. (2) The Executive Officer of the Conservancy ("the Executive Officer") has reviewed and approved in writing: (a) all title and acquisition documents pertaining to acquisition of the real property, including preliminary title reports, appraisals and instruments of conveyance; (b) the number, location, design, and wording of signs and placards to be placed on the real property as provided in the "SIGNS" section of this agreement; (c) an agreement to purchase tax -defaulted property executed among the grantee, the Marin County Board of Supervisors, and the California State Controller pursuant to the provisions of Division 1, Part 6, Chapter 8 of the California Tax and Revenue Code ("the Chapter 8 Agreement"). (3) The Marin County Tax Collector has established, and the City Council of the grantee, the Board of Supervisors of Marin County, the State Controller, and the Executive Officer of the Conservancy have approved, the purchase price for the real property pursuant to the Chapter 8 Agreement. (4) The statutory period for redemption of the real property has expired. (5) No funds shall be disbursed for preparation of the management plan unless and until the grantee has acquired the real property. City of San Rafael Grant No. 90-016 Page Four TERM OF AGREEMENT This agreement shall be deemed executed and effective when signed by both parties and received in the offices of the Conservancy together with the resolution described in the "CONDITIONS PRECEDENT TO DISBURSEMENT" section of this agreement. An authorized representative of the grantee shall sign the first page of the originals of this agreement in ink. The term of this agreement shall run from its effective date through December 31, 2011 ("the termination date"). COMPLETION DATE The grantee shall complete acquisition of the real property no later than November 1, 1990 ("the completion date"). Prior to the completion date, either party may terminate this agreement for any reason by providing the other party with seven days notice in writing. If the Conservancy terminates prior to the completion date, the grantee shall take all reasonable measures to prevent further costs to the Conservancy under this agreement. The Conservancy shall be responsible for any reasonable and non -cancelable obligations incurred by the grantee in the performance of this agreement prior to the date of the notice to terminate, but only up to the unpaid balance of funding authorized in this agreement. AUTHORIZATION The signature of the Executive Officer on the first page of this agreement certifies that at its April 19, 1990 meeting, the Conservancy adopted the resolution included in the staff recommendation attached as Exhibit A. This agreement is executed pursuant to that authorization. City of San Rafael Grant No. 90-016 Page Five Standard Provisions ESSENTIAL DEED PROVISIONS The deed or other instrument of conveyance by which the grantee obtains title to the real property, or another recorded instrument acceptable to the Executive Officer and recorded concurrently with the deed, shall set forth the following essential provisions: 1. That the real property was acquired by the grantee pursuant to a grant of funds from the State Coastal Conservancy, an agency of the State of California, for the purpose of habitat preservation and enhancement, public access,and other public purposes consistent with the Canalways Enhancement Plan, approved by the Conservancy on April 19, 1990, and that no use of the real property inconsistent with those purposes is permitted, except by specific act of the legislature. 2. That the real property (including any portion of it or any interest in it) may not be used as security for any debt without the written approval of the State of California, acting through the Executive Officer of the Conservancy, or its successor. 3. That the real property (including any portion of it or any interest in it) may not be transferred without the approval of the State of California, through the Executive Officer of the Conservancy, or its successor. 4. That the grantee is obligated to use, manage, operate and maintain the real property as described in the "USE, MANAGEMENT, OPERATION AND MAINTENANCE" section of California State Coastal Conservancy Grant Agreement No. 90-016. 5. That if any of the essential deed provisions stated above are violated, all of the grantee's right, title and interest in the real property shall automatically vest in the State of California for the benefit of the Conservancy or its successor, upon acceptance of the real property; provided, however, that the State, through the Executive Officer of the Conservancy, or its successor, may designate another public agency or a nonprofit organization to accept the right, title and interest, in which case vesting shall be in that agency or organization rather than in the State. SIGNS The grantee shall erect signs identifying the real property for public use. The number, design, wording and placement of the signs shall be submitted to the ExE-utive Officer for review and approval prior to the acquisition of the real property. The grantee shall incorporate into this signing program a placard to be provided by the Conservancy acknowledging the Conservancy's funding assistance, unless the grantee incorporates this acknowledgement into other signage in a manner approved by the Executive Officer. City of San Rafael Grant No. 90-016 Page Six USE, MANAGEMENT, OPERATION AND MAINTENANCE The grantee agrees to use, manage, operate and maintain the real property in a manner consistent with the purposes of habitat preservation and enhancement and public access, consistent with the Enhancement Plan. The implementation of recommendations included in the management plan, when approved by the Executive Officer, shall be deemed consistent with the Enhancement Plan for purposes of this Agreement. The grantee further agrees to assume all management, operation and maintenance costs associated with the real property, including the costs of ordinary repairs and replacements of a recurring nature, and costs of enforcement of regulations. The Conservancy shall not be liable for any cost of such management, operation or maintenance. The grantee shall refrain from developing or otherwise using any other property it owns or controls in the vicinity of the real property in such a way as to interfere with or inconvenience the use, management, operation or maintenance of the real property or to detract frog the purpose of the acquisition. The grantee may be excused'from its obligations for management, operation and maintenance only upon the written approval of the Executive Officer of the Conservancy or his or her successor. LIABILITY The grantee shall be responsible for, indemnify and save harmless the Conservancy, its officers, agents and employees from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to this agreement, except for active negligence of the Conservancy, its officers, agents or employees. The duty of the grantee to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. This agreement supersedes the grantee's right as a public entity to indemnity (see Gov. Code Section 895.2) and contribution (see Gov. Code Section 895.6) as set forth in Gov. Code Section 895.4. The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this agreement. AUDITS/ACCOUNTING/RECORDS The grantee shall maintain standard financial accounts, documents, and records relating to the acquisition, use, management, operation and maintenance of the real property. The accounts, documents, and records related to acquisition of the real property shall be retained by the grantee for three years following the date of disbursement of funds for the acquisition by the Conservancy under this agreement, and shall be subject to examination and audit by the Conservancy and the Auditor General during this City of San Rafael Grant No. 90-016 Page Seven AUDIT/ACCOUNTING/RECORDS (Continued) period. The accounts, documents and records related to use, management, operation and maintenance of the real property shall be retained by the grantee for three years following the year to which they pertain, and shall be subject to examination and audit of the Conservancy and the Auditor General during this period. The grantee may use any accounting system which follows the guidelines of "Generally Accepted Accounting Practices" published by the American Institute of Certified Public Accountants. ' NONDISCRIMINATION CLAUSE During the performance of this agreement, the grantee and its contractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex. The grantee and its contractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such, discrimination. The grantee and its contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations (California Code of Regulations, Title 2, Section 7285.0 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this contract. The grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This nondiscrimination clause shall be included in all contracts entered into by the grantee to perform work provided for under this agreement. INDEPENDENT CAPACITY The grantee, and the agents and employees of the grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. ASSIGNMENT Without the written consent of the State, this agreement is not assignable by the grantee either in whole or in part. TIMELINESS Time is of the essence in this agreement. City of San Rafael Grant No. 90-016 Page Eight AMENDMENT No change in this agreement shall be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties. This agreement is deemed to be entered into in the County of Alameda. EXHIBIT A STATE COASTAL CONSERVANCY Project Summary April 19, 1990 CANALWAYSENHANCEMENT File No. 90-014 Project Manager: Karyn Gear REQUESTED ACTION: Approval of the Canalways Enhancement Plan; authorization to disburse an amount not to exceed $500,000 to the City of San Rafael to acquire the 83 -acre Canalways property; and authorization to disburse an amount not to exceed $40,000 to prepare a management plan for the site. LOCATION: East San Rafael Shoreline, City of San Rafael, Marin County (Exhibit 1) PROJECT CATEGORY: Coastal Resource Enhancement ESTIMATED COST: State Coastal Conservancy Site Acquisition $500,000 Management Plan 40.000 TOTAL CONSERVANCY COSTS: $540,000 PROJECT SUMMARY: Pursuant to the proposed authorization, the City of San Rafael will acquire an 83 -acre site known as Canalways (Exhibit 2) and prepare a management plan for the property. The Canalways site, located on the East San Rafael shore- line, is a diked bayland that provides extremely valuable seasonal wetland habitat for shorebirds and waterfowl, as well as salt marsh habitat for the state and federally listed endangered salt marsh harvest mouse. However, 25 acres of the property is zoned for residential and commercial deve- lopment. This potential for development, combined with the problems of invasive non-native vegetation and a deterior- ating shoreline levee, necessitates public action to preserve and enhance the wetland. Staff is recommending approval of the City's request be- cause this project will add significantly to the Conservan- cy's efforts to preserve wetland habitat in San Francisco Bay, and increase public access to the shoreline. r -t STATE COASTAL CONSERVANCY Staff Recommendation April 19, 1990 CANALWAYS ENHANCEMENT File No. 90-014 Project Manager: Karyn Gear STAFF RECOMMENDATION: Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant to Sections 31251 ei seq. of the Public Resources Code: "The State Coastal Conservancy hereby approves the Canalways Enhancement Plan described in the accom- panying staff report and contained in Exhibit 3. The Conservancy further authorizes the disbursement of an amount not to exceed five hundred thousand dollars ($500,000) to the City of San Rafael to pur- chase the 83 -acre Canalways property (Marin County Assesor's Parcel Numbers 9-010-22, 9-010-23, and 9- 010-24), and forty thousand dollars ($40,000) to prepare a management plan for the site, subject to the follow- ing conditions: The amount disbursed for acquisition of the property shall not exceed the amount established by the Marin County Tax Collector for the sale of tax -defaulted property pursuant to Chapter 8 of Part 6 of Division 1 of the California Revenue and Tax Code; 2. The property acquired under this authorization and any improvements to the property shall be used in a manner that is consistent with the purposes of wildlife habitat preservation, resource enhancement, and public access; 3. Prior to the disbursement of any funds for this project, the San Francisco Bay Conservation and Development Commission shall review the Canal - ways Enhancement Plan to determine conformance with the San Francisco Bay Plan; 4. Prior to the disbursement of any funds for the preparation of the management plan, the City shall complete the acquisition of the project site; and 5. The Executive Officer shall approve the signing plan for the project." C-2 Staff further recommends that the Conservancy adopt the following findings based upon the accompanying staff report: "The State Coastal Conservancy finds that: 1. The proposed project is consistent with the purposes and criteria set forth in Chapter 6 of the Public Resources Code (31251-31270) regarding enhancement of coastal resources; and 2. The proposed project is consistent with the guidelines and criteria set forth in the Conser- vancy's Coastal Resource Enhancement Program Announcement." STAFF DISCUSSION: Site Description- The approximately 83 -acre Canalways property is located along the eastern shoreline of the City of San Rafael, Marin County, one mile north of the Richmond/San Rafael Bridge. The site consists primarily of non -tidal salt marsh and seasonal wetlands. Canalways is separated from San Fran- cisco Bay by a shoreline levee, and is the only parcel on the San Rafael shoreline that has never been filled. The property is currently privately owned, with 25 acres zoned for residential and commercial development, and the remain- ing 58 acres zoned for open space. The property is bordered on the north by a new housing development, on the east by San Francisco Bay, on the south by a closed landfill slated for commercial development and a City -owned storm pond, and on the west by commercial development. In the 30 years since tidal action was removed from the property by construction of the shoreline levee, subsidence has occurred. As a result, most of the property is now at an elevation of 3 to 3.5 feet below sea level. The site provides extremely valuable seasonal wetland, brackish and salt marsh habitat for migrating waterfowl and shorebirds, and is used as a foraging area by herons and egrets from the nearby West Marin Island rookery. Addi- tionally, Canalways is known to provide habitat for the state and federally listed endangered salt marsh harvest mouse. This site is one of only three properties where the southern subspecies of salt marsh harvest mice (Reithrodon- tomys raviventris raviventris) is known to occur in Marin County. The other two sites are also on the east San Rafael Shoreline, to the north of the Canalways site. Invasive species such as pampas grass, ice plant, and wild fennel have become well establiE "ed along the edges of the levees which surround the site. -i hese species diminish the habitat values, as they outcompete native plants. C-3 Access to the site is already provided along the northern and eastern boundaries of the property. However, the access along the eastern boundary is along the shoreline levee, which is in disrepair. The levee will need improvements to ensure the dike does not fail, flooding the subsided property and destroying endangered species habitat. Increasing public use of the shoreline makes the site a good location for educational interpretive signs to heighten public awareness of wetland values. Project History- Since the 1970s the Canalways property has been the sub- ject of many development proposals, the most recent of which involved the proposed construction of 300 single family homes and 120,000 square feet of office space. Deve- lopment of this magnitude would severely impact the values of the site for shorebirds and waterfowl, and would destroy the salt marsh harvest mouse habitat on the property. In 1984, the City certified an Environmental Impact Report for development of the property. However, the Army Corps of Engineers denied the fill permit after consultation with the U.S. Fish and Wildlife Service, which requested off-site mitigation for the loss of salt marsh harvest mouse habitat. City-wide moratoriums on development, and revision of the City's General Plan caused further delays for the developer. Changes to the development proposal, combined with the General Plan revisions, led to the City's request for a supplement to the EIR. To date, the supplement has not been prepared. However, the site can still potentially be developed, as 25 acres arc zoned for residential and com- mercial use. Public acquisition of the property is needed in order to preserve the site's important natural and scenic values. The current owner of the property has been in default of taxes since 1982. The assessed value of the property is 2.8 million dollars. The Marin County tax collector has published a notice of default, making the property subject to sale for back taxes and penalties. Unless the owner clears these debts by a June deadline, the property will be sold by the County at public auction. California law permits public agencies to object to the sale of property that is or may be needed for public use by filing an application to purchase the property before a Notice of Sale is published. With the agreement of the County and State Controller, the public agency may purchase the property for the amount of taxes and assessments due, the amount of any liens that would not be extinguished upon sale (i.e., bonds and federal tax liens), and costs of the sale. It is estimated that in this case these costs would not exceed $500,000; the amount to be disbursed if the staff reccomendation is approved would be limited to the actual amount calculated by the Tax Collector to satisfy these liens and costs. The land owner is C-4 noticed of the agency's action, and has until the sale date set by the Tax Collector to pay the amount due and halt the sale. Project Description- The Canalways Enhancement Plan, contained in Exhibit 3, specifies the following goals: protect and improve habitat for the salt marsh harvest mouse; remove exotic vegetation and revegetate with native species; and provide appropriate public access and interpretive signs. The following actions are required to achieve these goals: Acquisition of the Canalways Property The first step in preserving and enhancing the Canalways property is to place the property in public ownership. This action will remove the threat of future development of the site. Until the development issue is resolved, enhancement of the site will be impossible. The possibility of a tax sale in June provides the opportunity to purchase the property at a price well below assessed value, and Should be pursued. Prepare a Canalways Management Plan The management plan should provide alternatives for salt marsh harvest mouse habitat improvements, a water manage- ment plan, alternatives for levee improvements, revegetation plans for .the transitional/upland areas along the levees, public access improvements, and appropriate locations for interpretive signs. Long Term Management Following Coastal Conservancy approval of the management plan described above, the City, in consultation with resource agencies, will implement the enhancement and management plans. It is anticipated that the City will seek additional Conservancy funding, as well as that of other resource agencies, to assist with implementation. PROJECT COST AND FINANCING: The proposed purchase price for the 83 -acre site is 5500,000. This amount is the sum of the back taxes, penalties, assess- ments and processing fees required to satisfy all outstanding tax liens on the property, and is well below the assessed value of 52,800,000. An additional 540,000 is required to prepare the management plan. Property Acquisition $500,000 Management Plan 40.000 TOTAL COST 5540,000 LOCAL SUPPORT: This project has widespread support, including that of legislators, Department of Fish and Game, San Francisco Bay C-5 Conservation and Development Commission, U.S. Fish and Widlife Service, Marin Audubon Society, Marin Conservation League and others. Letters of support are contained in Exhibit 4, and also will be hand -carried to the meeting. CONSISTENCY WITH CONSERVANCY'S NABLING LEGISLATION: This resource enhancement project is undertaken pursuant to Chapter 6 of the Conservancy's enabling legislation, Public Resources Code Sections 31251-31270. Pursuant to Section 31251, the Conservancy may award grants to local public agencies for the purpose of enhance- ment of coastal resources which, because of natural or human -induced events, have suffered loss of natural and scenic values. Development of adjacent areas and the intro- duction of non-native vegetation has decreased the habitat values of the site. The City of San Rafael has requested Conservancy assistance to acquire and enhance the Canal - ways site (Exhibit 5). This project will protect the property from future development, and provide management alterna- tives to enhance the site's habitat for waterfowl, shorebirds, and the endangered salt marsh harvest mouse. Pursuant to Section 31252, all areas in San Francisco Bay proposed for resource enhancement by a local public agency shall be identified in the San Francisco Bay Plan or any local plan determined by the Bay Commission to be consis- tent as requiring public action to resolve existing or poten- tial resource protection problems. The project site is within a diked bayland. The proposed project is consistent with BCDC's Findings and Policies on diked historic baylands, which states "diked historic baylands should be maintained in their present uses for as long as possible." Pursuant to Section 31253, the Conservancy may provide up to the total of the cost of a coastal resource enhancement project. The Conservancy may also fund up to 100 percent of any local agency costs of land acquisition as part of an approved enhancement project (Section 31260). CONSISTENCY WITH CONSERVANCY'S PROGRAM GUIDELINES: This project is consistent with Conservancy Resource En- hancement Program guidelines for the following reasons: Significance: Wetlands in San Francisco Bay have been severely diminished by filling and development. The Canal - ways site provides a variety of wetland habitats, is an extremely valuable site for wildlife, and must be preserved. Urgency: In order to proceed with purchase of the site for back -taxes, the Conservancy must act immediately. If public funds are not made available, the property may be sold at C-6 public auction to the highest bidder, providing the current owner is unable to clear his debt by the June deadline, and the development threat will remain. Readiness to act: The City of San Rafael is prepared to act immediately. The City, at its March 26, 1990, Council meet- ing, passed a resolution requesting Conservancy assistance (Exhibit 5). Preparation of the management plan would not commence until acquisition of the site is completed. Management: The City will manage the property. The man- agement plan may suggest the possiblity of a joint manage- ment agreement between the City and a resource agency in order to ensure optimal wildlife habitat values are main- tained. Cooperation and Support: This project has widespread sup- port including that of legislators, resource agencies, and local community groups. CONSISTENCY WITH SAN FRANCISCO BAY PLAN POLICIES: The proposed project site is partially located within the San Francisco Bay Conservation and Development Commission's jurisdiction. The project is consistent with the following findings and policies of the San Francisco Bay Plan: and: "Marshes and mudflats should be maintained to the fullest possible extent to conserve fish and wildlife and to abate air and water pollution." the quality of existing marshes should be improved by appropriate measures whenever possible." The project site is located within a diked bayland, and is consistent with the following BCDC policy on diked historic baylands: "Diked historic baylands should be maintained in their present uses for as long as possible." CONSISTENCY WITH CEQA: The acquisition of the Canalways property is categorically exempt from review of environmental impacts under the California 'Environmental Quality Act in that it involves transfer of ownership or interest in land for the purpose of preserving open space (14 California Code of Regulations Section 15325) and for wildlife conservation purposes (14 California Code of Regulations Section 15313). The dis- bursement of funds to prepare a Management Plan is statu- torily exempt from review of environmental impacts under C-7 the California Environmental Quality Act in that it consists of planning studies only (14 California Code of Regulations Section 15262). All other actions called for in the Canalways Enhancement Plan will occur only following completion and approval of the Management Plan, including any analysis and documentation required under CEQA. C-8 Mann PROJECT wwwmVpp-- B LOCATION f PACIRI= oCEAN North Bay rS ( : ,, Suisun Marsh son Pablo DOT V Carquine trait San Francisco Feninsula oA+C LAND %--- East Bay C� r 10 South Bay rCWI tJ4C A W =an Francisco flay Pt*Von EXHIBIT 1: REGIONAL LOCATION C-9 G so., ��1e1 PW � �. c -lo IV Go"AloA - SITE LOCATION EXHIBIT 2: EXHIBIT 3 Enhancement Plan STATE COASTAL CONSERVANCY CANALWAYS ENHANCEMENT PLAN 1. PROJECT HISTORY The 83 acre Canalways property is located in the City of San Rafael, on the East San Rafael shoreline (Figures 1 and 2). The present East San Rafael shoreline was created in the 1950's with the construction of a levee that removed tidal action from the area. Since that time, much of the diked lands have been filled and developed. The main exception to this is the "Canalways" property. This site, though subject to a number of development proposals since the late 1970's, has never been filled. In the early 1980's the state and federally listed endangered Salt Marsh Harvest Mouse (Reithrodontomys Raviventris raviventris) was trapped on the site. This is the rarer of the two subspecies of salt marsh harvest mice. The east San Rafael Shoreline is the only known location where this subspecies is found in Marin County, and the northernmost population of the subspecies. While the discovery of the mice at Canalways makes development of the parcel more difficult due to increased mitigation requirements, it has not removed the threat of development. In 1984 the City certified an Environmental Impact Report for development of the property. A city-wide moratorium on development, combined with a fill permit denial from the Army Corps of Engineers, delayed the development. In 1987, following revisions to the City's General Plan, and revisions to the project, the City requested a supplement to the EIR. Though this has not yet been prepared, 25 acres of the site is still zoned for residential and commercial development. The pending development plan involves construction of 300 condominiums and 113.256 square feet of office space. 2. SITE DESCRIPTION The Canalways property consists of three parcels, totalling approximately 83 acres, and is bounded on the north by a housing development currently under construction, on the east by San Francisco Bay, on the south by a closed land fill and a stormwater retention pond, and on the west by commercial development. Due to subsidence, the majority of the property lies at an elevation of 3 to 3.5 feet below sea level. C-11 Mann PROJECT wom„op, 4 LOCATION t •ACWIC OCEAN North Bay rS k ; `i Suisun Marsh fan Pablo say V WEAK" Y'r'r — Carquine trait / Cy.t A 00 San Francesco Peninsula 1 ' aAKLAM — 1 East Bay C� n O FIGURE 1 C-12 00 1� South Bay i San Francisco day Regfon vU� �o l -t;� 1 �� r ^'�.r• 7::Y��Sk.•...�-•tet" c P"O I ' Ay Pot p tit Q. ,• • 1 MA / 4 ssuARA+�c 10 of NORTH Al I IL '• G off' �' ati 1'� 'Q� a 'Z� -•1� � �: � .. ..; . •-.. �` � , � ... ;.fit �Gp,T10w1 MAP �•• �; :.f. L 5 -.� - _ • _ . San RA+,%Cl Plante x re Der •.� Gru�.,.,5, sl,o :1 v; -7- C-13 FIGURE 2 Canalways provides a variety of wetland habitats, making it an extremely valuable site for a number of wildlife species. A number of bird species use the site for foraging, and several have nested there. It provides a foraging site for herons and egrets from the nearby West Marin Island rookery. Table 1 gives a listing of birds species which have been sighted at Canalways. The habitats found at Canalways include nontidal salt marsh, characterized by pickleweed (Salicornia virginica), alkalai heath (Frankenia grandifolia), Australian saltbush (Atriplex semibuccata), fat hen (Atriplex patula), salt grass (Distichlis spicata), alkalai weed (Cressa truxiUensis), brass buttons (Cotula coronopifolia), and rabbitsfoot grass (Polypogen monspeliensis); unvegetated seasonal mudflats; seasonal ponds; brackish ponds; and transitional/upland areas along the levees, which are characterized by salt grass, gumplant (Grindelia humilis), coyote brush (Baccharis sp.) and non- native species including sweet fennel (Foeniculum vulgare), french broom (Cytisus monspessulanus), pampas grass (Cortaderia selloana), curly dock (Rumex crispus), bristly oxtongue (Picric exhioides), annual sawthistle (Sonchus sp.) blackberry (Rubes sp.), wild oats (Avena barbata), and ice plant (Mesembryanthemuns sp.).1 The iceplant and wild fennel have become particularly well established along the northern levee. During the winter, the City's storm water pond overflows during periods of heavy rainfall, flooding portions of the Canalways site, with depths varying from a few inches to a few feet. This provides the seasonal wetland habitat which has become increasingly rare in the San Francisco Bay Area. During the dry summer months, salt water leaking through the levee is the only regular source of water to the site. The shoreline levee has subsided in some locations, and will eventually require repairs to ensure the dike does not fail. Because of subsidence, failure of the levee would flood the property, removing the seasonal and salt marsh habitats from the site and decreasing the value of the site for waterfowl. Improvements to the levee could also incorporate public access improvements. This would be consistent with the City of San Rafael's Shoreline Park Master Plan, which calls for the development of a park band along the East San Rafael shoreline. 3. ENHANCEMENT GOALS: As previously mens oned, the project site provides valuable seasonal and salt marsh habitat. However, there are opportunities to improve 1 Larry Seeman Associates, Environmental ImpactpQrf. CanaWays. 1984. C-14 TABLE I BIRDS SPECIES REPORTED FROM THE CANALWAYS PROJECT SITE Red -throated Loon Western Grebe Pied -billed Grebe Double -crested Cormorant Great Blue Heron Great Egret Snowy Egret Black -crowned Night -heron Yellow -crowned Night Heron American Bittern Tundra (Whistling) Swan Canada Goose Mallard Gadwall Northern Pintail Green -winged Teal Blue -winged Teal Cinnamon Teal American Wigeon Nothern Shoveler Canvasback Greater Scaup Lesser Scaup Common Goldeneye Barrow's Goldeneye Bufflehead White -winged Scoter Surf Scoter Ruddy Duck Hooded Merganser Red -breasted Merganser Turkey Vulture Black -shouldered (white-tailed) Kite Black -shinned Hawk Cooper's Hawk Red-tailed Hawk Red -shouldered Hawk Northern Harrier (Marsh Hawk) C-15 Osprey American Kestrel California Quail American Coot American Avocet Black -necked Stilt Black -necked Plover Semipalmated Plover Killdeer Long -billed Curlew Marbled Godwit Spotted Sandpiper Willet Greater Yellowlegs Short -billed Dowitcher Long -billed Dowitcher Black Turnstone Dunlin Sanderling Least Sandpiper Semipalmated Sandpiper Western Sandpiper Red -necked (Northern) Phalarope Parasitic Jaeger Glaucous -winged Gull Western Gull Herring Gull California Gull Ring -billed Gull Mew Gull Bonaparte's Gull Forster's Tern Elegant Tern Caspian Tern Rock Dove Mourning Dove Burrowing Owl Short -eared Owl TABLE 1. CONTINUED White -throated Swift Anna's Hummingbird Black Phoebe Say's Phoebe Violet -green Swallow Rough -winged Swallow Barn Swallow Cliff Swallow Purple Martin Scrub Jay Common Raven American (Common) Crow (Long -billed) Marsh Wren Mockingbird Water Pipit Loggerhead Shrike Starling Western Meadowlark Red -winged Blackbird Brewer's Blackbird House Finch American Goldfinch Lesser Goldfinch Savannah Sparrow White -crowned Sparrow Golden -crowned Sparrow Lincoln's Sparrow Song Sparrow Sources: Jean Starkweather (Marin Audubon Society), Holly Peake, California Department of fish and Game, LSA. C-16 the resource values of the site. The goals of the enhancement plan are to protect, and where possible improve, the salt marsh harvest mouse habitat at Canalways, to restore the upland habitats that surround the property along the levees, and to improve public access and provide interpretive signs. To accomplish these goals, enhancement of Canalways requires the following steps: A. Public Acquisition In order to protect the site from future development, the site should be acquired and protected by a public agency. The Marin County Tax Assessor is initiating a sale of the property for back taxes and related penalties. The current owner has been in tax default since 1982. The funds required for a public agency or nonprofit organization to acquire this site, providing it is purchasing the property for public benefit, is the amount of the outstanding taxes, plus penalties and processing fees. In the case of Canalways, these should not exceed $500,000. The current assessed value of the property, according to the Marin County Tax Assessor, is $2,800,000. The present owner does have until the date of the sale, currently slated for June 1990, to settle his taxes, which would halt the sale. B. Management Plan A management plan should be prepared for the site, in consultation with the U.S. Fish and Wildlife Service and other resource agencies. The plan should provide management alternatives to improve the salt marsh harvest mouse habitat. The plan should additionally address alternatives for levee improvements, exotic vegetation control, revegetation plans for the upland portions of the site that have been colonized by invasive vegetation, and access improvements. C. Public Access Public access is provided along the north and east levees. The north levee access was improved recently, and therefore does not require further action. However, the east levee has an unimproved pedestrian path. This levee will need to be improved to protect the subsided Canalways property from flood risk. At the same time, the path can be improved to provide safe pedestrian access. The management plan described above will provide specific recommendations for the path, and locations for interpretive signs. C-17 SOURCES City of San Rafael, Report to Planning Commission. Initial Environmental Studv for revised Canalways mixed use development lean, December 1987. Larry Seeman Associates, Draft Environmental Impact Report. Canalways. Citv of San Rafael, June 1984. Michael Painter Associates, San Rafael Shoreline Park Master Plan. September 1989. C-18 EXHIBIT 4 Letters of Support J�farin Audubon Society BoX599 Mdf vaCCeyl CafO-rnla 94942-0599 ?arch 30, 1990 Reginald F. Dupuy, Chairman - State Coastal Conservancy 1330 Broadway, Suite 1100 Oakland, CA 94612 ATT: Karen Gare RE: CANALWAYS Dear Chair -man Dupuy and Board Members: This is to urge your approval of grant funds to the City of San Rafael,to purchase the Canalways site in San Rafael. Canalways is a 85 acre diked wetland, which is historic open bay. Its salt marsh habitat functions together with the adjacent City owned pond to provide important and diverse habitat for many water bird species and individuals. It is not uncommon to see as many as 1,000 birds using the wetland during the wet season. It is important overwintering habitat for many species of ducks, including American Wigeon, Northern Shoveler, Northern Pintail and Shorebirds, such as Dunlin, Dowitcher and Least and Western Sandpiper. Migrating shorebirds and ducks also use the site to rest and feed during migrations north and south. The site is foraging habitat for the herons and egrets that nest of the Marin Islands, and it is one of the first sites newly fledged young move to when they leave the Islands. The site is additionally important because it is the northern most habitat on the west side of San Francisco Bay for the southern sub -species of the Salt Marsh Harvest Mouse (Reithr- odontomys raviventris raviventris) an endangered Precies. The site is identified in the U.S. Fish and Wildlife Service's SALT MARSH HARVEST MOUSE AND CLAPPER RIAL RECOVERY PLAN, 1211. page 71 which recommends that "The area... be secured...." The wetland is also habitat for the northern sub -species Reithrodontomys raviventris halicoetes. We have worked VEy hard to prevent filling of the site for development during the last 15 years, during which many projects have been reviewed. We urge you to take advantage of this timely opportunity for possible purchase, and approve grant funding to the City of San Rafael to purchase this important site. A Chapter of %nfin Z Au6bon Society C-19 We appreciate your consideration of our recommendation. Sincerely, % i `�arbara a _man, Chair Conservation Committee CC. City of San Rafael C-20 RESOLUTION NO. genu RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING REQUEST FOR GRANT FUNDS FROM THE COASTAL CONSERVANCY FOR CANALWAYS ACQUISITION AND MANAGEMENT PLANNING GRANT WHEREAS, the Legislature has established the State Coastal Conservancy pursuant to Public Resources Code 31000-31400 and authorized it to award grants to local public agencies to enhance the natural and scenic values of threatened or damaged coastal related resources; and WHEREAS, the grants are awarded pursuant to guidelines established by the Coastal Conservancy for determination of project eligibility for funds; and WHEREAS, acquisition of the Canalways property and preparation of a management plan for the site meets the guidelines of the Coastal Conservancy Enhancement Program. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council hereby: (1) Approves an application for funding under the State Coastal Conservancy Enhancement Program; and (2) Appoints the City Manager as agent of the City to conduct all negotiations and execute and submit all documents, including but not necessarily limited to applications, agreements, amendments, leases, payment requests, etc., which may be necessary for the completion of this project. 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 special meeting of the City Council of said City held on Monday, the twenty-sixth day of March, 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer b Mayor Mu]ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILUFJ0ERS: None C-21_� JM. LEONCINI City Clerk EXHIBIT 5: RESOLUTION M I L L E R P A C I F I C ENGINEERING G R O U P City of San Rafael, Dept of Public Works P. O. Box 151560 San Rafael, California 94915-1560 Attn: Lloyd Strom Progress Report Geotechnical Evaluation of Canal Ways Levees Gentlemen: Introduction July 28, 1990 JOB: 157.04 FILE: CANAL157. LTR This letter reports our progress to date and our interim opinions regarding the condition of the levee along the bay side of the Canal Ways property in East San Rafael. The purpose of our evaluation is to assist the City in their decisions regarding acquisition of the property. If such acquisition occurs it is anticipated that the levee will be raised or some other type of water barrier constructed up to elevation + 10 feet MSL (Mean Sea Level Datum). The scope of our services thus far includes (1) a visual reconnaissance inspection, (2) a review of a levee study done for the Drainage Assessment District in 1971 by Harding Miller Lawson & Associates and (3) review of a 1977 study done for Spinnaker Point by Harding Lawson Associates. These studies both included levee evaluation and stability analysis. Background The Canal Ways property is located at the bay front in East San Rafael as shown on Figure 1. The levee borders the east side of the property and protects it from tidal flooding. It extends from Murphy Rock at the northeast corner, southward about 1500 feet (Sta 0+00 to Sta 15+00). 165 North Redwood Drive, Suite 120 San Rafael, California 94903 Fa.� 415/491-1831 Phone 415/491-1335 M I L L E R P A C I F I C E N G I N E E R I N C. R 0 l P The levee was apparently constructed in the 1950's and 60's. Bay mud was dredged from the adjacent tidal flats and placed to form the initial levee. It was then raised and widened progressively with heterogeneous "dry" fill and debris. The outboard slope was "protected" with broken concrete, rock and building debris. In 1971 the slope "protection" was described as "Large concrete rubble (to 6 feet) with many voids (upper portion), rip rap (lower portion)." For most of its length the levee is underlain by soft, highly compressible clayey silt (Bay Mud). At the north end the levee apparently rests on Murphy Rock, however there is no surface evidence of the rock at the present. The thickness of Bay Mud increases toward the south to more than 80 feet. Below the bay mud are stiff alluvial soils, residual soils and bedrock. Prior Analvsis The 1971 analysis focused on two issues: (1) the condition of the slope protection, and (2) stability of the bayside slope. It was assumed that the land side of the levee would be filled and developed. The recommendations at that time were to improve the slope protection for the interim pre - development period and to reconstruct the slope protection prior to development. The bayside slopes had a satisfactory factor of safety (1.45) under static conditions and were safe from gross failure under seismic conditions although horizontal deformations were expected. Present Condition At present the levee crest is roughly 15 feet wide and is at about elevation +7.5 feet MSL. The landside levee slopes are about 1-1/2 horizontal to 1 vertical and covered with brush. The ground surface is about Elevation -3.3. The upper 5 feet or so of the bayside slopes are about 2 horizontal to 1 vertical. Below that they are much flatter. The upper part is covered with slope protection much the same as described in 1971, except it appears that the slope protection has been reworked and improved. There is a large diameter pipe beneath the levee near Murphy Rock. It is reported to have been plugged with concrete. There is no apparent seepage in that vicinity. At roughly Station 6+00 there is a 30 inch (?) diameter corrugated metal pipe exposed at the toe of the landside slope. The pipe appears to extend beneath the levee however it cannot be visibly located. There is a small flow of water seeping into the protected area in this vicinity. Discussion We have reviewed the 1971 stability analysis methodology and believe it to be still valid. During the ensuing 19 years, the strength of the bay mud beneath the levee has increased due to M I I 1 F R r n L� i r i L ENGINEERING G R O U P consolidation. Thus the safety factor today for the bayside slope will be higher than in 1971. This is true for both static and seismic conditions. We have also reviewed the 1977 study for the Spinnaker Point levee. These findings were similar. Further, they found that under seismic conditions the critical location for stability was where the bay mud was shallower, near Murphy Rock. For the conditions assumed in 1971 the bayside slope stability was the critical condition. At the present time however is it assumed the landside of the levee will not be filled. Moreover the land side levee slopes are both steeper and hiaher than the bayside slopes as shown in Figure 2. The critical condition today is the stability of the landside slope and its safety against a failure into the protected marsh area. Preliminary Conclusions From our reconnaissance and reviews thus far, we have arrived atthe following preliminary conclusions: (1) The slope protection is subject to displacement due to erosion of the underlying levee material. During severe wave conditions this could lead to breach of the levee. The levee is in need of maintenance in the near future and more substantial reworking for long term upgrading. (2) The bayside slopes are probably safe against gross failure but will deform during severe seismic conditions. (3) The landside slopes are critical. Further investigation and analysis will be needed to examine stability under both static and seismic conditions. It is likely that the safety factors will not be adequate for the present condition and for the loads imposed by raising of the levee crest to elevation + 10 feet. To achieve adequate safety factors, it is likely that a stabilizing berm will be needed along the landside toe of the slope or some other stabilizing scheme. The configuration of this will have to be developed at part of the stability analysis. Future Action We suggest the following "Plan of Action": (1) Continue this preliminary evaluation to complete the visual inspection of the slope protection and determination of areas in need of immediate maintenance and long term improvement. (2) Obtain and review current estimates of tidal levels and probabilities of storm wave run up. Al I L L E R P A C IF I C F N C11 N F F k I N f. 1, K 11 1; V (3) Undertake an investigation to evaluate landside slope stability. This would include surveying typical cross sections, drilling, sampling and testing to determine present bay mud strength conditions, an update of seismic probability and ground motion and performing both static and seismic slope stability analysis. (4) Develope design alternatives for raising the level of flood protection to elevation + 10 feet and increasing stability. (5) Select the alternative, prepare the design, and construct. We hope that this "progress report" will provide you with the information you need at this time. We will wait for your further instructions before proceeding with any additional work. Y y Truly MILLER PACIFI ERINUP Eugene . Miller, Geotechnical Engineer 6 (Expires 3/31/93) Attachments: Fig 1 and 2 2 copies submitted a � c 1 W v j g6 yea �fJ( o�U o ! r ` 4 LA4,ji) j(T)t: cfLC3i' 4-cr7c 4-10 7.Z 1998 I M +�o —/O— i-�1GNL�T TIDE C7i' P,PD 2Oy�� 1•.t �A�1'C Sc-c�otj 1 `? ? f Sr-- c1 oo../ u s z_:u Fo 2 A us 1 Ralf� 4pV-4rcElu71- SL-a-�Oti M I L L E R .pay P eQSKI Kl A:T �L-J-- rrak. P A C I F I C Ckl" AL� w k e5 P ZCJ7C-1;-7 , ENGINEERING -.>vkF.► R-AlzAEL )CA. G R O U P Nroo�ect �5.7►� Q, Date 7 l'Approved 2 Figure Past and Present MARIN CONSERVATION LEAGUE A non profit corporation founded in 1934 February 20,1990 35 Mitchell Boulevard, Suite 11 San Rafael, CA 94903 Office telephone: 472.6170 stand MI Tar MI 7amalpals Y Lawrence E. Mtllr an Samuel Taylor Park Mayor, City Of San Rafael Bollnas Lagoon/Kent Island P.BOX ti () Stinson Beach Drakes Bay Beach San Rafael CA 94915 Tomales Hay Pt. Reyes National Seashore Dear Mr. yan, Rlr.hardson Bay SanctnarV Corte Madern 1ldelnnds Strawberry Tidelands Thank you for your letter of February 5 responding to our BMarsh Herrrerill Marsh dl comments on the East San Rafael Neighborhood Plan, and The Northridge specifically on our comments on the Canalways property. nancho Olompall MaHn's Agricultural Landr, You request our position on the Kerner extension. Marin s Dalry Farrns Coastal Protection Nati Golden Gale National As you know, through h hearings on the general plan, and RecrealionArea through various other hearings over the years, we feel re Oil Drilling Mario Planning Issues very strongly that the Canalways property should be Wild and Scenic Rivers preserved for its many wetland values as open space, and S. F. Bay Protection should be so designated in the general plan and in the President new neighborhood plan. Chip Wray Executive Director Karin Urquhart When the extension of Kerner Blvd. was planned by the public Education city of San Rafael, the Canalways area was known to be an Kay Slagle important wetland habitat for water birds, but unknown as Financial Development Nancy Norelll a site for an endangered species. The salt marsh Harvest 9 P Board of Directors mouse (SMIiM) has since been found at this site, and the Peter Behr Canalways site along with Spinnaker are the northernmost Joan Boessenecker range of its southern subspecies. Due to loss of wetland Priscilla Bull Patricia Cummings habitat throughout San Francisco Bay, this species is in Kenneth Drexler danger of extinction. Vlctorla Evans Wit Is Evans Harvey M. Freed The S1,111M inhabits dense pickleweed, as well as the Richard Katherina H. Holbrook grasses surrotinding it during Periods of high water. The Roger Hooper part of Canalways planned for the extension of Kerner Suzanne Jacob Doris Llndlors Blvd. is very dense pickleweed, prime habitat for SMIR4. Alex Mar.Mlllan Penny WillaM Marten Willa Marten Because Because of San Rafaelts reliance on the Kerner extension BIIINoble for traffic circulation in East San Rafael, we have not Carol Peitz Carol Peitz opposed the extension of this road as long as it was to PP Ken Reichard be built on pilings, with remainder of the site preserved Salem Rice Peter Russell in open space. . We urge g p p p ge that its alignment be fanned to BarharaSelzman cover as little of the pickleweed as possible. Will Shaft oth Lawrence Smith Jean i cerely, S.2,an tompslher Susan Slompe /tea • Rosalie Webb JoHanna Willmann Chip PatriciaPaYates Chi P Wra President Y Director Emeritus Gordon Strawbridge /JS C C _ > r . , to preserve and protect the natural assets of Marin County for all people vvl�vt�1 r vr�� iv�v LCHIaUt on profit corporation founded in 1934 35 Mitchell Boulevard, Suite f 1 San Rafael, CA 94903 Office telephone: 472-6170 Pa91 and Present nnOella'ar'd April 3, 1990 1,11 Tantalrnls Snnnrrl Taylor rnrk anllna% 1-nnnon/Kent Island Reginald F. Dupuy Sllnann nrnch Drnkes Ray Hrach Chairman, Ionrales nny State Coastal Conservancy PI ncye9 National Sraehore 1330 Broadway, Suite 1100 nlrtrardann Any Sanrluary Oakland, CA. 94612-2530 Cnrlr Madera llrtnlnnds Shawh-rry Tidelands nothln t.+arsh Re: Canalways flerrrll Marsh Thr. Northrirloe nnnrhoOlnmrnll Dear Mr. Dupuy and Commissioners, ldarins Agrlcnllnral Lands Marin s onlry rarrrrs Cnaclal rrnlerllnn We are writing regarding the request of the city of San GnlrlenGain Nallonal nrrrrnllnn Men Rafael for grant funds for the purchase of the Canalways Mtahnt- on nrnnnq property. Marin rinnninrl lacers Wildand Srnnlr nlvers S F. Say Protection This property is beautiful wetland habitat. It is a President diked wetland separated from the Bay by a levee, and with chipwrey a source of fresh water from the nearby ridge. Rainwater Exeenlhre Dllrelor Kmrin Urquherl runoff flows into and fills the city's drainage Y g pond Pnhlic Fdneellon adjacent to this property and then flows onto Canalways. Key Single We do not have many fresh or brackish ponds near the Bay, rinanclal Development and this collection of ponds, mudflat and pickleweed is Neney Norelll used for feeding and resting by great numbers of BomrdorDirectors shorebirds, ducks, and wading birds during the fall, rrlrr sphy Jnnn Ao�e•:ns enncker winter and spring when it is full of water. In years Priscillaetril with abundant rainfall it has retained water through part K -nn t Ctrrxlertgs Kenneth nrrxler of the summer, and has provided habitat for nesting ducks � Victoria Evans as well. Wlllis Fvans tlnrvey M, rreed nlrirardGray It is much used by the herons and egrets which nest on KnIli, rrinetl Ilolhrook nno nnoer Hnnr(!r West Marin Island just offshore. It is of particular Sn7annn Jacob importance during nesting season as it is so close. It Onrlsllndlols nlex 1,,ar1,1111an MIlla is also much enjoyed b the y public, which can watch its Pennykinl►llard birdlife from the levee path. Plans for improving the Billla Marie" ©III Nnhle path and Ba edge P Y 9 are part of San Rafael's Shoreline Park 13111 011inger master plan adopted last year. Carni rrlls Krn nrichaid Sniern nice Parr The Conservancy took action at its last meeting to nnSarn Barham S:rlirnan acquire East and West Marin Islands, and we thank you. W1llShni1nlh We urge approval of grant funds for acquisition of l!anSlI rkwnal' Jean Slarkwr.allter Canalways as well, an extremely important piece of Susan Slnrnrr_ habitat for the nesting birds of those islands. noaalle Wrt+h JOUR"/+a Willmann Chip Wray Yates Sincerely, Diteclla • Gorclor trawbrld Gordon Slrawhrldar Jean erensmeier, President /is To preserve and protect the natural assets of Marin County for all people _1_� Marin Audubon Society Box 5.9.9 Pam Nicali City Manager city of Sari Rafael P.O. Box 60 San Rafael, CA 94915 RE. CANALWAYS ATT: LLOYD STROHM Dear Pam: Md( vaflety, California 94.942-0599 July 31, 1990 This is in response to Sharon MCNamee's request fDr our comment on the subject of Kerner Blvd. going across a slo.igh at the south west corner of the Canalways site. First of all, the marin Audubon Society would like the City to know that we are thrilled about the city's potential acquisition of the Canalways site. After working so long at fending off development of this property, it certainly is grea-; relief to have reached this point. we very much appreciate your willingn- ess and efforts to acquire this important site. Now, on the subject of the road. As you have heard from us many times, the Marin Audubon society has strong policies against the loss of wetlands. Marin Audubon Society policies oppose filling wetlands; that till be permitted only for water -dependent projects that provide a substantial benefit to the public and that comply with the 404 (b)(1) guidelines, (i.e prove there is no alternate site available) and be mitigated by restoring upland to the same habitat type as that lost at a ratio of 2:1. Further; any wetland fill should be the minimum necessary and the project be implemented in the most environmentally sound manner. In analyzing this situation, there does not appear to be an alternative location because this is where the two ends of Kerner meet and buildings are in the way of it extending to Francisco Blvd. 1'he road could be elevated, instead of using solid fill, thereby allowing the movement of some wildlife species, lik mice, underneath, and it could be more narrow than the existing Kerner Blvds. Mitigation could be provided by restoring upland on the Canalways site (such as at the northwest and west sides), to wetlands of the same type as the channel thereby ensuring replacement habitat for species that would lose their habitat for the Kerner Blvd. extension. A chapter of National Audubon Society Because the wetland that would be lost is small, under one acre, mitigation could amply replace the habitat destroyed, and because of the special circumstances that would ensure permanent protection of 85 acres of wetlands, we believe this project would not lead to loss of wetlands or wetland habitat values. In the light of the above, it is unlikely We would oppose the Kerner Blvd. extension, that is unless the final project design and plan varies substantially from that described above. We hope this is helpful. Since Barba conse Chair ittee r A srmlakl Dedicated to preserving the quality of life. Reginald F. Dupuy Coastal Conservancy State of California 1330 Broadway, Suite 1100 .iakland, CA 94612 Dear Mr. Dupuy i April 7, 1990' Just recently we were informed that an environmental- ly important piece of land, Canalways in San Rafael, may become available for purchase by the City of San Rafael, and that the city has fil&d an application to the Coastal Conservancy for funds to aid in the purchase. We have long recognized the ecological significance, not only to the community but to San Francisco Bay, it- self, of the Canalways propertye wildlife habitat for threatened and endangered species (including but not limited to the Salt Marsh Harvest Mouse), a rare seasonal wetland adjacent to the Bay, and the potential for passive recreational viewing. As residents of Spinnaker Point and neighbors of Can - always, we have a particular concern for this area and, over the years, have worked hard for the protection of the Spinnaker lagoon and wetlands and to support the adjacent Shoreline Park. If San Rafael can purchase the Canalways lands, our community, Marin County and the Bay area will have been presented with a rare opportunity to set aside permanent- ly a significant portion of our fast disappearing wetlands and wildlife habitat. We urge the Conservancy to support San Rafael`s grant application. Sincerely, Ralph Crocker, Chair Friends of Spinnaker Point 13 Hyannis Cove San Rafael, Ca 94901