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HomeMy WebLinkAboutCC Resolution 8115 (East SR Shoreline Ponds)RESOLUTION NO. 8115 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT 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 $40,000 Enhancement Plan grant. (for 3 ponds on the East San Rafael Shoreline known as South Pond, Bayview Marsh and Marin Municipal Water District pond) a copy of which is hereby attached and by this reference made a part hereof. 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 rPq„1ar meeting of the City Council of said City held on — Mnnri;%,v the 5th day of February 11 1990 by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None �NF, LEONCINI, CITY CLERK _....._._. .__......_. I LJ --- UN APPROVED BY THE ANDARD AGREEMENT '� 1TTORNEY GENERAL 89-046 ❑ STATE AGENCY IRLV 7/98I I CONTRACTOR'S S- .D. NUMBER 1 ❑ DEPT. OF GEN. SER. 11 ❑ CONTROLLER Ii IS AGREEMENT, made and entered into this 25th day of January 1990 ❑ the State of California, by and between State of California, through its duly elected or appointed, ❑ salified and acting —1: OF OFFICER ACTING FOR STATE AGENCY Executive Officer State Coastal Conservancy City of San Rafael iT\ESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State -reinafter expressed, does hereby agree to furnish to the State services and materials, as follows: cr forth service to he rendered by Contractor, amount to lx' paid Contractor, time for performance or completion, and attach plans and specifications, 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 forty thousand dollars ($40,000), subject to the terms and conditions of this agreement. These funds shall be used by the grantee to prepare an enhancement plan ("the project") for the East San Rafael Shoreline area as shown in Exhibit 2 to Attachment A, which is attached and incorporated by reference. The enhancement plan shall include but not be limited to revegetation and management plans for three ponds known as South Pond, Bayview Marsh, and MMWD Pond (shown in Exhibit 2 to Attachment A), and access improvement plans for portions of the East San Rafael shoreline levee. (continued on following pages) NTINUED ON _ SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. he provisions on the reverse side hereof constitute a part of this agreement. WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR .:JCY/J CONTRACTOR (IF F OTHER THAN AN INDIVIIXIASTATE WNiTR@I A COgPpgd,TON, State Coa n a//lp_I/y C VAJITN010NI., ETC.) _City of San Rafael .:UTHORIZED SIGN E) BY tAUTWORIZED SIGNATUR - L�G�- TED NAM/rG SON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Petenel1 Attest: LAWRENCE E. MULRYAN, MAYOR ADDRESS Executive Officer L, 400 Fifth Av c Al r'a gagnl .`lUNT ENCUMBERED BY PROGRAM/CATEGORY IC]E ANDl.W, L' �'�• FUND TITLE -_`• DOCUMENT Ii Department of General Services IO 40,000.00 Capital Outlay IF&WHEF Use Only PTIDNAL USEI JR AMOUNT ENCUMBERED I THIS CONTRACT East San Rafael Shoreline I certify that this of ITEM CHAPTER STATUTE FISCAL YEAR grant is exempt from AL AMOUNT ENCUMBERED 3760-301-748(l) I 135 11987 I 87/88 Department of General DATE OBJECT OF EXPENDITURE ICODE AND TITLE) Services approval. 40.000.00 Enhancement 'reby certify upon myown personal knowledge that budgeted funds are T_B_A_ NO. I B.R. NO. I I / lable for the period and purpose of the expenditure stated abeae. .dATURE OF ACCOUNTING OFFICER DATE _ C. —?0 I 49099 City of San Rafael Grant No. 89-046 Page Two SCOPE OF AGREEMENT (continued) The grantee shall carry out this project in accordance with this agreement and a work program to be approved by the Executive Officer of the Conservancy ("the Executive Officer") pursuant to this agreement. The grantee shall provide $8,000 and any funds beyond those granted under this agreement which are needed to complete the project. CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT The grantee shall not commence the project and 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 has approved in writing: (a) The work program for the project; (b) All subcontractors that the grantee intends to employ in connection with the project; TERM OF AGREEMENT This agreement shall be deemed executed and effective when signed by both parties and received in the office of the Conservancy together with the resolution described in the "CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" section of this agreement. An authorized representative of the grantee shall sign the first page of the originals of this agreement in ink. This agreement shall run from its effective date through July 1, 1991 (the "termination date") unless otherwise terminated or amended as provided in this agreement. AUTHORIZATION The signature of the Executive Officer of the Conservancy on this agreement certifies that at its January 19, 1990 meeting, the Conservancy adopted the resolution included in the staff recommendation attached as Attachment A. This agreement is executed pursuant to tha'., authorization. City of San Rafael Grant No. 89-046 Page Three Standard Provisions WORK PROGRAM Prior to commencement of the project, the grantee shall submit a detailed work program to the Executive Officer for review and written approval as to its consistency with the terms of this agreement. The work program shall include (1) The specific tasks to be performed; (2) A schedule of completion for the project, specifically listing the completion date for each project component and a final project completion date; and (3) A detailed project budget. The project budget shall describe all labor and materials costs to be incurred to complete each component of the project. For each project component, the project budget shall list all intended funding sources including the Conservancy's grant, the grantee's required contribution and all other sources of monies, materials, or labor. If all or part of the project to be funded under this agreement will be performed by third parties ("contractors") under contract with the grantee, then the grantee shall, prior to initiating any request for contractor bids, submit the bid package for review and written approval of the Executive Officer. Upon approval by the Executive Officer, the grantee shall proceed with the bidding process. Prior to final selection, the grantee shall submit to the Executive Officer for written approval the names of all contractors that the grantee intends to hire. The grantee shall then comply with the above paragraph regarding submission and approval of a work program prior to implementation. The work program shall have the same force and effect as if included in the text of this agreement. However, the work program may be modified without amendment of this agreement upon the grantee's submission of a modified work program and the Executive Officer's written approval of it. If this agreement and the work program are inconsistent, the agreement shall control. The grantee shall carry out the project in accordance with the approved work program. COORDINATION AND MEETINGS The grantee shall coordinate closely with Conservancy staff and other involved entities, including local, state and federal agencies, and shall participate in meetings and other communications as necessary to ensure coordination. City of San Rafael Grant No. 89-046 Page Four WORK PRODUCTS All materials and work products produced by the grantee as a result of this agreement are the property of the Conservancy. COSTS AND DISBURSEMENTS Upon determination by the Conservancy that all "CONDITIONS PRECEDENT To COMMENCEMENT OF PROJECT AND DISBURSEMENT" have been fully met, the Conservancy shall disburse to the grantee, in accordance with the approved project budget, a total amount not to exceed the amount of this grant, as follows: Disbursements shall be made on the basis of costs incurred to date, less ten percent, upon the grantee's satisfactory progress in accordance with the approved work program and upon submission of a "Request for Disbursement" form, which shall be submitted no more frequently than monthly.but no less frequently than quarterly. Disbursement of the ten percent withheld shall be made upon (1) the grantee's satisfactory completion of the project, compliance with the "PROJECT COMPLETION" section of this agreement, and submission of a fully executed final "Request for Disbursement" form; and (2) the Conservancy's acceptance of the project. The grantee shall request disbursements by filing with the Conservancy fully executed "Request for Disbursement" forms (available from the Conservancy). The grantee shall state on the form its name and address, the number of this agreement, the date of the submission, the amount of the invoice, the period during which the work was actually done, and an itemized description of all work done for which disbursement is requested. The form shall be signed by an authorized representative of the grantee. Additionally, each form shall be accompanied by any supporting invoices or other source documents from contractors that the grantee engaged to complete any portion of the project funded under this agreement, and by written substantiation of completion of the portion of the project for which disbursement is requested. With each form, the grantee shall also submit a supporting progress report summarizing the current status of the project and comparing it to the status required by the work program (budget, timeline, task, etc). Failure to fully execute and submit a "Request for Disbursement" form, including attachment of supporting documents, will relieve the Conservancy of its obligation to disburse funds to the grantee unless and until all deficiencies in the form are rectified. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS, The grantee shall expend funds in the manner described in the approved project budget. The allocation of the Conservancy's total grant among the items in the project budget may vary by as much as ten percent without City of San Rafael Grant No. 89-046 Page Five EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS, (continued) approval by the Executive Officer. Any difference of more than ten percent must be approved in writing by the Executive Officer. The Conservancy may withhold payment for changes in particular budget items which exceed the amount allocated in the project budget by more than ten percent and which have not received the approval required above. The total amount of this grant may not be increased except by amendment to this agreement. Any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items unless there is a written amendment to this agreement. PROJECT COMPLETION Upon completion of the project, the grantee shall supply the Conservancy with evidence of completion by submitting: (1) the enhancement plan and any other work products specified in the work program for the project; and (2) a fully executed final "Request for Disbursement" form. Within thirty days of grantee's compliance with this paragraph, the Conservancy shall determine whether the project has been satisfactorily completed. If the Conservancy determines that the project has been satisfactorily completed, the Conservancy shall issue to the grantee a letter of acceptance of the project. The project shall be deemed complete as of the date of the letter of completion. EARLY TERMINATION AND FAILURE TO PERFORM Prior to the completion of the project, either party may terminate this agreement for any reason by providing the other party with seven days notice in writing. If the Conservancy terminates the agreement prior to the completion of the project, the grantee shall take all reasonable measures to prevent further costs to the Conservancy under this agreement, and 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 undisbursed balance of funding authorized in this agreement. If the grantee fails to complete the project in accordance with this agreement, or fails to fulfill any other obligations of this agreement prior to the termination date, the grantee shall be liable for immediate repayment to the Conservancy of all amounts disbursed by the Conservancy under this agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph shall not be deemed to limit any other remedies the Conservancy may have for breach of this agreement. City of San Rafael Grant No. 89-046 Page Six 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. Nothing in this agreement is intended to create in the public or any member of it rights as a third party beneficiary under this agreement. AUDITS/ACCOUNTING/RECORDS The grantee shall maintain satisfactory financial accounts, documents, and records relating to implementation of the project. The grantee shall retain these documents for three years following the date of final disbursement by the Conservancy under this agreement, regardless of the termination date. The documents shall be subject to examination and audit by 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 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 ensure 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 City of San Rafael Grant No. 89-046 Page Seven NONDISCRIMINATION (continued) 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 in whole or in part. TIMELINESS Time is of the essence in this agreement. AMENDMENT Except as expressly provided in this agreement, no change in this contract 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. STATE COASTAL CONSERVANCY Project Summary January 19, 1990 EAST SAN RAFAEL SHORELINE PONDS ENHANCEMENT PLAN File No. 89-067 Project Manager: Karyn Gear REQUESTED ACTION: Authorization to disburse an amount not to exceed $40,000 to the City of San Rafael to prepare an enhancement plan for three ponds on the east San Rafael shoreline. LOCATION: East San Rafael, one mile north of the Richmond/San Rafael Bridge, Marin County (Exhibit 1) PROJECT CATEGORY: Resource Enhancement ESTIMATED COST: State Coastal Conservancy $ 40,000 City of San Rafael 8.000 Total Project Cost $ 48,000 PROJECT SUMMARY: Under the proposed authorization, the City of San Rafael would prepare an enhancement plan for two brackish ponds, known as South Pond and Marin Municipal Water District (MMWD) Pond, and Bayview Marsh, a tidal pond. The three ponds are located on the east San Rafael shoreline (Exhibit 2). These ponds and the surrounding uplands have been severely degraded by diking, filling, restriction of tidal flows, and the invasion of exotic plant species. Historically, the east San Rafael Baylands consisted of mudflats, open water, and marshland. However in 1958, a levee was constructed, eliminating tidal circulation to the area and forming the present shoreline. Since construction of the levee, much of this diked bayland has been filled for commercial and residential development. The habitat values of the shoreline for waterfowl and shorebirds have de- creased accordingly. Exotic vegetation with little or no habitat value has become established along the levee and in transitional areas between the ponds and uplands. The proposed project would provide a detailed enhancement and management plan for the two brackish ponds and the tidal pond to improve the habitat values of the site for shorebirds and waterfowl by replacing exotic species with native vegetation. Revegetation with native species would have the additional benefit of providing a buffer between a pedestrian path located on the levee and the ponds. The plan will also include recommendations to improve public access along the shoreline levee for passive recreational activities. B-1 STATE COASTAL CONSERVANCY Staff Recommendation January 19, 1990 EAST SAN RAFAEL SHORELINE PONDS ENHANCEMENT PLAN File No. 89-067 Project Manager: Karyn Gear STAFF RECOMMENDATION: Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant to Sections 31251 el seq. of the Public Resources Code: "The State Coastal Conservancy hereby authorizes the disbursement of an amount not to exceed forty thou- sand dollars ($40,000) to the City of San Rafael to prepare a resource enhancement plan for three ponds on the east San Rafael shoreline, known as South Pond, MMWD Pond, and Bayview Marsh." Staff further recommends that the Conservancy adopt the following findings based upon the accompanying staff report: "The State Coastal Conservancy hereby finds that: 1. Preparation of the East San Rafael Shoreline Ponds Enhancement Plan is consistent with the purposes and criteria set forth in Sections 31251 et seq. of the Public Resources Code; and 2. Preparation of the East San Rafael Shoreline Ponds Enhancement Plan is consistent with the guidelines and criteria set forth in the Conser- vancy's Coastal Resource Enhancement Program Announcement as adopted March 21, 1985." STAFF DISCUSSION: Site Description- The proposed project is located within a diked bayland on the East San Rafael shoreline, Marin County. The present shoreline was formed in 1958 by the construction of a riprap levee which removed tidal action from the baylands. The baylands have gradually been filled and developed, decreasing both the quantity and quality of the wildlife habitat. Residential development in the north, and commer- cial development in the south, have caused the loss of many acres of tidal wetlands along the shoreline. The project site includes two brackish ponds, South Pond and MMWD Pond, and a tidal pond known as Bayview Marsh (Exhibit 2). Together, the ponds cover an area of 9.5 acres. South Pond and Bayview Marsh are owned by the City of B-2 San Rafael. MMVI'D Pond is currently owned by the Marin Municipal Water District, but it has recorded an offer to dedicate this property to the City. The City anticipates accepting the offer in the near future. South Pond is a three -quarter -acre brackish pond which receives storm flows during the winter. During the summer months when there is little if any rainfall, the City has maintained water levels in the pond by periodically opening a tide gate and introducing bay water to the site. Small patches of pickleweed and other salt marsh vegetation are found along the water's edge. Exotic vegetation including scotch broom and wild fennel had invaded the upland and transitional areas around the pond, but the Marin Conserva- tion Corps cleared the area during the summer so that access improvements could be installed. The area surrounding the pond is now bare, providing no refuge for wildlife. Bayview .Marsh, separated from South Pond by a construc- tion yard, receives tidal waters via a culvert through the levee which is controlled by a tide gate. In 1982, the 7.25 - acre marsh was reconfigured as part of the East San Rafael Mitigation Plan for future baylands development. The marsh was fenced on its north, south and west sides, and a paved pedestrian path was constructed along the levee on its east side. A culvert and tide gate were installed to enable tidal water to enter the marsh. Pickleweed and cordgrass have slowly become established along the pond's edge, but most of the vegetation planted in the transitional zones around the marsh as part of the mitigation project have not sur- vived, mainly due to poor design and plant selection. Unfor- tunately, the mitigation plan did not require the developers to revegetate areas where the plantings were unsuccessful. As a result, there is no buffer for shorebirds and waterfowl from pedestrians using the levee. The 1.5 -acre MMWD pond, like South Pond, receives fresh- water from storm flows. Salt water leaks through the levee mixing with the freshwater inflows, resulting in brackish marsh conditions. MMWD pond has an outflow pipe with a flap gate into Bayview Marsh. However, the elevation of the pipe permits outflow only during times of peak rainfall. Several years of near -drought conditions have resulted in no outflow, and silt now blocks the flapgate on the Bayview Marsh side. Exotic vegetation has become established on islands in the pond and along the shoreline levee, providing poor waterfowl habitat. Project History- The City of San Rafael, recognizing the open space and recreational values of the area, intends to eventually deve- lop a park band along the entire shoreline. The City recent- ly completed the San Rafael Shoreline Park Master Plan. This general plan made recommendations for park and access improvements on the east San Rafael shoreline, and identi- IN fied several areas along the shoreline which could, if en- hanced, provide valuable wildlife habitat. These areas include the South Pond, Bayview Marsh, and MMWD pond. Project Description- The proposed project would provide an enhancement and management plan to restore and maintain productive wetland habitat for shorebirds and waterfowl along the San Rafael shoreline. The plan would also identify access improvements for passive recreation along the shoreline levee that would be compatable with habitat enhancement and protection. All three ponds require detailed revegetation plans to pro- vide buffer zones between the accessways and the ponds. Native plant species will be used to improve the habitat for shorebirds and waterfowl. The MMWD pond will also be studied to determine if altering the elevations of the pond would provide improved habitat. Access improvements will be designed for the levee adjacent to MMWD pond and north- ward along the closed San Rafael landfill that will link to Conservancy -funded access improvements adjacent to South Pond. PROJECT COST AND FINANCING: The City of San Rafael has requested $40,000 to prepare the enhancement plan (Exhibit 3). The City will provide an additional $8,000 to fund the access design element of the enhancement plan. It is anticipated that upon completion of the enhancement plan, the City will request additional funding for implementation. LOCAL SUPPORT: The City of San Rafael has adopted a resolution requesting funding assistance for the project (Exhibit 3). This project has widespread support, including that of legislators, the Marin Audubon Society, the Marin Conservation League, Bay Conservation and Development Commission, and others. Letters of support are included as Exhibit 4. CONSISTENCY WITH CONSERVANCY'S NABLING LEGISLATION: Consistent with Section 31006, the proposed project site is located on San Francisco Bay, within a diked historic bay - land that significantly affects the environmental quality of the Bay. This resource enhancement grant is undertaken pursuant to Chapter 6 of the Conservancy's enabling legislation, Public Resources Code Sections 31251-31270. Consistent with Section 31251, the Conservancy may award grants to local public agencies for the purpose of enhance- ment of coastal resources which because of indiscriminate dredging or filling, improper location of improvements, natural or human induced events have suffered loss of B-4 natural or scenic values. Encroaching dev-lopment has led to the degredation of the East San Rafael shoreline wetland habitat. The proposed project would provide a resource enhancement plan to increase the resource values of the three ponds for shorebirds and waterfowl. Improved habitat will lead to enhanced scenic values, making the shoreline a more attractive place to visit. Section 31252 requires all areas in San Francisco Bay pro- posed for resource enhancement by a local public agency to be identified in the San Francisco Bay Plan or other local plan as requiring public action to resolve existing or poten- tial resource protection problems. The proposed project is located within a historic diked bayland and would be consis- tent with the San Francisco Bay Plan, which calls for enhancement of diked baylands when possible. Section 31257 authorizes the allocation of up to $100,000 to prepare •resource enhancement plans. The City of San Rafael is requesting funding assistance in the amount of $40,000 for preparation of the East San Rafael Shoreline enhance- ment plan. CONSISTENCY WITH CONSERVANCY'S PROGRAM GUIDELINES: This project is consistent with Conservancy Resource En- hancement Program guidelines for the following reasons: I. Significance: San Francisco Bay wetland habitat has rapidly declined due to development of baylands. Much of the East San Rafael baylands have been filled and developed. This project provides will improve the quality of waterfowl and shorebird habitat along :he San Rafael shoreline. 2. Comprehensiveness: The enhancement plan will consider the three areas separately and as a whole in order to develop a comprehensive enhancement and management approach that will guide improvement of wildlife habi- tat and public access along the San Rafael Shoreline. 3. Readiness to act: The City is eager to begin prepara- tion of the enhancement plan immediately. 4. Management: The City will manage the project, and will work with local environmental groups that have been involved in preserving the shoreline for a number of years. The City will also maintain the property after improvement. _ 5. Cooperation and Support: The San Rafael City Council has adopted a resolution requesting the Conservancy provide funding assistance to the City to prepare the enhancement plan. This project has the support of B-5 iJ legislators, resource agencies, and environmental orga- nizations. Letters of support are contained in Exhibit 4. 6. Urgency: The area surrounding the project site is subject to increasing development pressure. It is im- portant to prepare an enhancement plan for the three ponds now, before further degradation occurs. CONSISTENCY WITH SAN FRANCISCO BAY PLAN POLICIES: The proposed project site is located within the 100 foot San Francisco Bay Conservation and Development Commission (BCDC) permit jurisdiction, and is consistent with the following San Francisco Bay Plan policy: "The benefits of fish and wildlife in the Bay should be insured for present and future genera- tions of Californians. Therefore, to the greatest extent feasible the marshes and mudflats around the Bay, the remaining water volume and surface area of the Bay, and adequate freshwater inflow into the Bay should be maintained." The site is also located within a diked historic bayland, and is consistent with the following portions of BCDC's Findings and Policies on Diked Baylands of San Francisco Bay. "The diked historic baylands present one of the last major opportunities for the public to protect and enhance the natural environment of the Bay region. Public actions stressing protection of rare habitat and the enhancement of other areas will help improve the wildlife, water quality, water circulation, and the climate of the Bay. Diked historic baylands should be maintained in their present (wetland) uses for as long as pos- sible." CONSISTENCY WITH CEQA: Preparation of the proposed East San Rafael Shoreline Ponds Enhancement Plan is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) under 14 California Code of Regulations Section 15262 as it in- volves only feasibility analysis and planning studies. The plan will, however, consider environmental factors, and will be subject to environmental review prior to implementation. M Marin PROJECT LOCATION t pAciFiC OCEAN a North Bar r i t7.H,C. I . LUI. 1-1,_ Suisun Marsh San Pablo Sat V s�x,uA Carquine trait �o+rT /CMCAW San Francisco L -- Peninsula 1 East Bay 0 M 0-1 Bay i San Francisco Say Region MMWD Pond EXHIBIT 2 SAN FRANCISCO BAY Bayview Marsh South Pond C Q --- nfo B-8 RESOLUTION NO. 8090 EXHIBIT 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE STATE COASTAL CONSERVANCY TO COMPLETE A SHORELINE PARK BAND IMPROVEMENT PLAN. 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 and related resources; and WHEREAS, the grants are avarded pursuant to Guidelines established by the Coastal Conservancy; and WHEREAS, the City owns several parcels along the San Francisco Bay Shoreline; and WHEREAS, the San Rafael Shoreline Park Master Plan outlined design guidelines for improvements to the shoreline; and WHEREAS, the City of San Rafael seeks funding resources to complete an improvement plan for several of the city owned parcels and; WHEREAS, said procedures established by the Coastal Conservancy require the applicant to certify by resolution the approval of applications prior to submission of said applications to the State; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of - Rafael hereby; M 1. Approves the ri _ra of an application for grant funding under the State Coastal Conservancy's Enhancement Program; and 2. Certifies that said agency has or will have sufficient funds to operate and maintain the project(s) funded under this program; ' I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Mnnday the 20th day of November 1989 by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Shippey JEANIff M. LEONCINI, C' ty Clerk CC) Py FIII 7c/ I EXHIBIT 4 Letters of Support B-11