PREPARED BY: RONALYN NONATO DATE OF MEETING: 03/16/20
SUBJECT:
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO ACCEPTING WORK PERFORMED BY THE PROFESSIONAL TREE CARE COMPANY, INC. FOR THE BIRD NESTING TREES REMOVAL PROJECT (WCC-TRL) AS COMPLETE AND DIRECTING THAT A NOTICE OF COMPLETION BE PREPARED AND FILED WITH THE COUNTY RECORDER
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
Body
Compliance statements
Majority Policy Goal: Build a Healthy Community, 100.4 Improve Connections to Healthy Eating and Active Living is an adopted policy item under the FY 2019-21 City Council Priority Workplan, effective March 1, 2019.
CEQA Compliance Statement
This Bird Nesting Trees Removal project is part of the proposed Wildcat Creek Restoration and Greenway Trail Project (WCC-TRL). CEQA review was completed in 2013 and it was determined to be categorically exempt in accordance with Sections 15304 and 15333 of the CEQA Guidelines, on the basis that this project involves minor alterations to land and small habitat restoration.
BACKGROUND
The Bird Nesting Trees Removal Project (Tree Project) is a component of the Wildcat Creek Restoration and Greenway Trail project, which will restore 2,200 linear feet of Wildcat Creek and construct a 2,100 linear foot greenway-trail with a Class I bike/pedestrian path, landscaping and pedestrian amenities between Church Lane and Vale Road. As part of the Wildcat Project, the trees along the east side of the Wildcat Creek bank needed to be removed for creek grading and will be replaced with new trees/vegetation during the rest of the project. Most of the large trees will be salvaged and reused as creek bed rootwad log anchors and pocket park area features.
To eliminate the risk of delaying the project by finding active nests and to save on project cost, potential bird nesting trees must be removed in a timely manner. If active bird nests are found, the project biologist can cease project work to prevent active nest disturbance and behavioral changes, caused by noise, vibration, odors, movement of workers and etc. The removal or cutting of bird nesting trees must be done outside of the bird nesting season (February 15 to September 15 for raptors; March 15 to August 30 for passerines) as a requirement of the Migratory Bird Treaty Act or relevant Fish and Game Codes. The Wildcat Trail project’s construction start date is well within the bird nesting season, and so the Tree Project served its purpose to remove bird nesting trees prior to the February 15, 2020 date.
At its December 16, 2019 meeting, the City Council awarded the contract to the Professional Tree Care Company from Berkeley, California, to perform work outlined in the Plans and Specifications for the Bird Nesting Trees Removal Project for a bid amount of $109,240. With the California Department of Fish and Wildlife’s (CDFW) approval and biologist monitoring, the Tree Project removed 15 of the 18 potential bird nesting trees along Wildcat Creek. Three trees have, or are within the buffer space of, bird nests observed on site by the project biologist and thus cannot be removed. Although the tree removal was conducted prior to the bird nesting season, nests were still found on site. The allowable work was substantially completed in accordance with the Plans and Specifications on February 7, 2020.
By adopting the attached resolution, the Council will accept the work as complete and authorize the City Engineer to issue a Notice of Completion. This action will allow the title of the work to transfer from Contractor to City and will enable processing of final payment claims.
FISCAL IMPACT
Final costs have been determined to be $104,240. Resolution 2019-175 authorized $125,626 for the total cost of the contract (320-0201-43604-GEN-419 and 320-0201-43604-CNR-217). Funding was made available through general funds and grant funds approved for the Wildcat Creek Trail Project. Unused funds will remain with the Wildcat Creek Trail Project for future allocation.