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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."
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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.
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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
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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
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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
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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
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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�
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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"
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Al
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'• G off' �'
ati 1'� 'Q� a 'Z� -•1� � �: � ..
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�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
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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