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11-0406_ORANGE COUNTY TRANSPORTATION AUTHORITY_Agreement2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 0 AGREEMENT NO. C-1-2508 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SAN JUAN CAPISTRANO THIS AGREEMENT is effective as of this `-r day of 2011, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, CA 92863-1584, a public corporation of the state of California (hereinafter referred to as "AUTHORITY"), and City of San Juan Capistrano, [32400 Paseo Adelanto, San Juan Capistrano, California] (hereinafter referred to as "CITY"). WITNESSETH: WHEREAS, Voters approved the extension of Measure M on November 7, 2006. In furtherance of Measure M, AUTHORITY adopted Ordinance No. 3 which establishes the M2 Transportation Ordinance and Investment Plan (the `INVESTMENT PLAN") to fund transportation facility and service improvement programs for a period of thirty years commencing on April 1, 2011. Measure M2 provides for the allocation of at least 5 percent of net freeway program revenues (or approximately $243.5 million in 2005 dollars) for mitigating the environmental impacts of freeway projects planned by the AUTHORITY. In accordance with the INVESTMENT PLAN, Authority has adopted a program referred to as the Environmental Mitigation Program ("EMP") in an effort to mitigate the environmental impacts of the transportation improvements proposed by the INVESTMENT PLAN. The EMP is designed to provide for comprehensive, rather than piecemeal, mitigation of the impacts of freeway projects and to do so in a way that results in high-value environmental benefits in exchange for streamlined project approvals and greater certainty in the delivery of the proposed freeway improvements program as a whole. The EMP will provide approximately Twenty Seven Million, Hca kCLERIc L%w RDPROCwGRee�aiaW Page 1 of 18 2 3 a 5 6 7 8 9 10 1 12 13 is 15 16 17 18 19 20 21 22 23 24 25 26 r] �J AGREEMENT NO. C-1-2508 Five Hundred Thousand Dollars ($27,500,000) for acquisition and restoration projects for the first tranche of funding which was available beginning in Fiscal Year 2009/10. With a current allocation goal of 80 percent of funds for acquisition and 20 percent for habitat restoration over the life of the EMP, the first tranche of funding will yield approximately Five Million, Five Hundred Thousand Dollars ($5,500,000) towards restoration projects, ("EMP RESTORATION FUNDS"); and WHEREAS, AUTHORITY will fund the habitat restoration projects with EMP RESTORATION FUNDS to support permitting of freeway projects by the United States Fish and Wildlife Service and the California Department of Fish and Game (Wildlife Agencies) for habitat and species impacts pursuant to and in anticipation of approval by the AUTHORITY of a Natural Community Conservation Plan/Habitat Conservation Plan/ (NCCP/HCP), in compliance with the Federal Endangered Species Act (FESA) which NCCP/HCP is currently being prepared; and WHEREAS, The 2C Ranch/Trabuco Creek Habitat Restoration Plan submitted by the CITY and approved by the AUTHORITY and attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter referred to as the "PLAN") shall be implemented, maintained and monitored in accordance with the EMP Restoration Funding Guidelines ("GUIDELINES'), once the PLAN is reviewed and approved by AUTHORITY and the Wildlife Agencies in accordance with the NCCP/HCP; provided however that should the NCCP/HCP require the scope and budget of PROJECT to be increased, such an increase in the scope and budget shall be administered as an amendment to this Agreement and shall be funded by AUTHORITY without required action by either the CITY or AUTHORITY; and WHEREAS, CITY is the PLAN and PROJECT sponsor responsible for implementing, maintaining and monitoring restoration activities pursuant to the PLAN; and WHEREAS, CITY agrees to implement, maintain, and monitor the HABITAT RESTORATION AREA, as defined in the PLAN, consistent with the Plan ("PROJECT' or Page 2 of 18 AGREEMENT NO. C-1-2508 r 'RESTORATION ACTIVITIES') with the financial support of the AUTHORITY pursuant to the z Agreement; and 3 WHEREAS, CITY shall convey an appropriate conservation easement or deed a restrictions governing the perpetual use of the HABITAT RESTORATION AREA prior to s completion of the RESTORATION WORK. The conservation easement or deed restrictions will 6 be approved by AUTHORITY and Wildlife Agencies, acting in their reasonable discretion, prior 7 to recordation. 8 WHEREAS, RESTORATION ACTIVITIES cannot be performed by the regular v employees of AUTHORITY; and 10 WHEREAS, AUTHORITY has determined that CITY meets the requirements of and is >> eligible for funding under the GUIDELINES; and 12 WHEREAS, AUTHORITY will pay CITY 5% ($75,000) of the total maximum $1,500,000 13 for RESTORATION ACTIVITIES completed after September 27, 2010 but prior to execution of 14 this Agreement; and is WHEREAS, AUTHORITY and CITY agree that funding pursuant to the EMP is subject 16 to CITY compliance with the Guidelines; and n WHEREAS, AUTHORITY may update the Guidelines at least biennially whereby the is most recent update is incorporated herein by reference; provided however that should any iv update of said Guidelines require the scope and budget of PROJECT to be increased, such an 20 increase in the scope and budget shall be administered as an amendment to this agreement 21 and shall be funded by AUTHORITY; and 22 WHEREAS, this Agreement defines the specific terms and conditions and funding 23 responsibilities between AUTHORITY and CITY with respect to the EMP. 24 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY 25 as follows: 26 ARTICLE 1. COMPLETE AGREEMENT Page 3 of 18 1 2 3 4 5 6 7 9 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 0 • AGREEMENT NO. C-1-2508 A. This Agreement, including all exhibits and documents incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the terms and conditions of the agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings and communications with respect to the subject matter hereof. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other terms or conditions. B. Either parties' failure to insist on compliance in any one or more instances with the performance of any terms or conditions of this Agreement shall not be construed as a waiver or relinquishment of the other parties right to such performance or to future performance of such terms or conditions and each parties obligation in respect thereto shall continue in full force and effect. Except as provided in the Recitals, Article 12 and Article 21, changes to any portion of this Agreement shall not be binding upon either party except when specifically confirmed in writing by an authorized representative of both parties by way of a written Amendment to this Agreement and issued in accordance with the provisions of this Agreement. ARTICLE 2. RESPONSIBILITIES OF AUTHORITY AUTHORITY agrees to the following responsibilities for funding of the PROJECT: A. AUTHORITY shall pay funds to CITY in accordance to the funding allocation as outlined in Article 7 of this Agreement and consistent with funding requirements of the PLAN (the "CITY FUNDS"). AUTHORITY shall provide guidance and oversight with respect to the use of the CITY FUNDS in compliance with the GUIDELINES and other funding source(s) requirements. B. AUTHORITY shall pay CITY 5% ($75,000) against the total CITY FUNDS of One Million, Five Hundred Thousand Dollars ($1,500,000) for RESTORATION ACTIVITIES completed after September 27, 2010 but prior to execution of this Agreement, upon execution of this Agreement and receipt of documentation of completion of such activities from CITY. Page 4 of 18 2 3 4 5 6 7 s 9 10 u 12 13 14 15 16 n 18 19 20 21 22 23 24 25 26 0 0 AGREEMENT NO. C-1-2508 C. AUTHORITY shall remit to CITY within thirty (30) days of receipt of an invoice and within sixty (60) days of an acceptable final payment invoice each describing the RESTORATION ACTIVITIES done and costs incurred in connection with the PROJECT, payment in the amount of the invoice for RESTORATION WORK up to One Million, Five Hundred Thousand Dollars ($1,500,000). D. AUTHORITY, or agents of AUTHORITY may upon the completion of the implementation of the PLAN as evidenced by CITY submission of the Final Year 5 Monitoring Report to AUTHORITY, perform an audit and/or technical review to ensure that EMP Restoration Funding Guidelines policies and procedures were followed. Such an audit shall be performed within one hundred eighty (180) days of AUTHORITY receiving the final monitoring report for PROJECT from CITY. If the audit or technical review determines that any of the activities performed by CITY or its contractors are ineligible for EMP funding, AUTHORITY will direct CITY to return M2 EMP funding for those activities deemed ineligible, provided that CITY shall not be responsible for the cost of re -restoring habitat areas established by the PLAN where the destruction of CITY -restored habitat has been caused by catastrophic events or Acts of God including but not limited to wildfire, flooding, earthquakes, vandalism, and civil disturbances. ARTICLE 3. RESPONSIBILITIES OF CITY CITY agrees to the following responsibilities for the PROJECT: A. CITY or CITY's designee will be responsible for the implementation of all phases of the PLAN and PROJECT. B. CITY agrees that the receipt of CITY FUNDS is subject to CITY compliance with the GUIDELINES. C. CITY agrees to submit reporting and documentation in accordance with the requirements outlined in the GUIDELINES. D. CITY agrees to provide AUTHORITY with written documentation of Page 5 of 18 2 3 a 5 6 7 8 9 10 u 12 13 14 15 16 17 18 19 20 21 22 23 24. 2s 26 0 0 AGREEMENT NO. C-1-2508 RESTORATION ACTIVITIES completed after September 27, 2010 but prior to execution of this Agreement in order for AUTHORITY to pay CITY 5% ($75,000) of the total maximum obligation for such activities. E. CITY agrees to implement and complete the PROJECT funded under this Agreement in accordance with the GUIDELINES. F. CITY agrees to obligate CITY FUNDS in the programmed year in accordance with the GUIDELINES except where time delays may result due to the inability of the Wildlife Agencies to timely issue the necessary permits to proceed with implementation of the PLAN. G. CITY agrees that both parties reserves the right to require this Agreement be made consistent with the approved NCCP/HCP; provided that any amendments that affect either party's obligations under this agreement must be mutually agreed upon in writing by CITY and AUTHORITY. H. CITY shall return those funds within thirty (30) days of AUTHORITY's written order to do so, for those activities determined by AUTHORITY to be outside the scope of the approved PROJECT provided CITY shall have the right to appeal such a decision to the AUTHORITY Board and seek judicial redress thereafter. If AUTHORITY determines that CITY has conducted work outside the scope of the approved PROJECT and has used CITY funds for such work, CITY may be deemed ineligible by AUTHORITY to receive such funds for a period of five (5) years. I. CITY shall produce sign(s) acknowledging receipt of CITY FUNDS and post them at the HABITAT RESTORATION AREA. AUTHORITY staff shall reasonably approve the location and design of the signs prior to installation. The cost of such signs is an eligible activity for CITY reimbursement by the CITY FUNDS. J. CITY shall obtain an appropriate conservation easement or deed restrictions governing the perpetual use of the HABITAT RESTORATION AREA within one year of PROJECT commencement. The conservation easement or deed restrictions will be Page 6 of 18 1 2 3 4 s 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 C1 • AGREEMENT NO. C-1-2508 reasonably approved by AUTHORITY and Wildlife Agencies prior to their recording. ARTICLE 4. AUTHORITY DESIGNEE The Chief Executive Officer of AUTHORITY, or designee, shall have the authority to act for and exercise any of the rights of AUTHORITY as set forth in this Agreement. ARTICLE 5. THE PLAN A. CITY shall perform the work necessary to complete in a manner satisfactory to AUTHORITY the services set forth in the PLAN, which is attached to and, by this reference, incorporated in and made a part of this Agreement as Exhibit A. CITY shall provide the personnel listed below to perform the above-specified services, which persons are hereby designated as key personnel under this Agreement. Names Functions Cindy Russell Chief Financial Officer, City of San Juan Capistrano William Ramsey, AICP Project Manager, City of San Juan Capistrano Grant Taylor Supervisor, City of San Juan Capistrano B. No person named in paragraph A of this Article, or his/her successor, shall be removed or replaced by CITY except by reason of departure from employment with City, nor shall his/her agreed-upon function or level of commitment hereunder be changed, without the prior written consent of AUTHORITY which shall be granted or withheld acting in its reasonable discretion. Should the services of any key person become no longer available to CITY, the resume and qualifications of the proposed replacement shall be submitted to AUTHORITY for approval as soon as possible, but in no event later than seven (7) calendar days prior to the departure of the incumbent key person, unless CITY is provided with less than seven (7) days notice of departure by the departing employee. AUTHORITY exercise its reasonable discretion in approving the replacement candidate within seven (7) calendar days following receipt of these qualifications. Page 7 of 18 1 2 3 a 5 6 7 8 9 10 11 12 13 14 15 16 n 18 19 20 21 22 23 24 25 26 10 AGREEMENT NO. C-1-2508 ARTICLE 6. TERM OF AGREEMENT This Agreement shall commence upon the effective date of this Agreement, and shall continue in full force and effect through the mitigation reporting and documenting period as set forth in the GUIDELINES unless earlier terminated as provided hereunder. ARTICLE 7. PAYMENT A. Subject to the terms and conditions of this Agreement, AUTHORITY shall pay funds to CITY in an amount not to exceed (except as provided in Article 13 and Article 22), One - Million, Five -Hundred Thousand Dollars ($1,500,000) in accordance with the following schedule which shall establish the firm fixed payment to CITY by AUTHORITY for each work task set forth in the Plan. Page 8 of 18 Tasks Firm Fixed Price Year 2011 $ 500,000.00 Task 1: Removal of non-native, invasive species throughout PROJECT. Task 2: Staged revegetation of native habitat throughout PROJECT. Task 3: Ongoing project management, biological monitoring and maintenance. Year 2012 $ 500,000.00 Task 1: Removal of non-native, invasive species throughout PROJECT. Task 2: Staged revegetation of native habitat throughout PROJECT. Task 3: Ongoing project management, biological monitoring and maintenance. Year 2013 $ 500,000.00 Task 1: Removal of non-native, invasive species throughout PROJECT. Task 2: Staged revegetation of native habitat throughout PROJECT. Task 3: Ongoing project management, biological monitoring and maintenance. Year 2014 $ 0.00 Task 1: Removal of non-native, invasive species throughout PROJECT. Task 2: Staged revegetation of native habitat throughout PROJECT. Task 3: Ongoing project management, biological monitoring and maintenance. Year 2015 $ 0.00 Task 1: Removal of non-native, invasive species throughout PROJECT. Page 8 of 18 z 3 a s 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2° 25 26 0 AGREEMENT NO. C-1-2508 Tasks Firm Fixed Price Task 2: Staged revegetation of native habitat throughout PROJECT. Task 3: Ongoing project management, biological monitoring and maintenance. Task 4: Final Report to AUTHORITY and Wildlife Agencies. TOTAL $1,500,000 B. CITY shall invoice AUTHORITY at least once per quarter for payments corresponding to the RESTORATION ACTIVITIES actually completed by CITY. Percentage of work completed shall be documented in a progress report prepared by CITY, which shall accompany each invoice submitted by CITY. CITY shall also furnish such other reasonable information as may be requested by AUTHORITY to substantiate the validity of an invoice. AUTHORITY may decline to make payment for any task listed in Paragraph A of this Article until such time as CITY has documented to AUTHORITY's reasonable satisfaction that CITY has completed all work required under the task pursuant to the PLAN. C. Each invoice shall be accompanied by a progress report. AUTHORITY shall remit payment within thirty (30) calendar days of the receipt of each invoice. Each invoice shall include the following information: 1. Agreement No. C-1-2508; 2. The time period covered by the invoice; 3. Total invoice (including project -to -date cumulative invoice amount); 4. Progress Report; 5. Certificate signed by the CITY or his/her designated alternate that a) The invoice is a true, complete and correct statement of reimbursable costs and progress; b) The backup information included with the invoice is true, complete and correct in all material respects; c) All payments due and owing to subcontractors and suppliers have been made; d) Timely payments will be made to subcontractors and suppliers from the proceeds of the payments covered by the certification and; e) The invoice does not include any amount which Page 9 of 18 1 z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 0 • AGREEMENT NO. C-1-2508 CITY intends to withhold or retain from a subcontractor or supplier unless so identified on the invoice; 6. Any other reasonable information as agreed or otherwise requested by AUTHORITY to substantiate the validity of an invoice as payment for any and all tasks completed by CITY in implementing the PLAN in accordance with the Guidelines. ARTICLE 8. MAXIMUM OBLIGATION Notwithstanding any provisions of this Agreement to the contrary, except Article 13 and Article 22, AUTHORITY and CITY mutually agree that AUTHORITY's maximum cumulative payment obligation (including obligation for CITY's contract administration) shall be One Million Five Hundred Thousand ($1,500,000.00) which shall include all amounts payable to CITY for its subcontracts, leases, materials and costs arising from, or due to termination of, this Agreement. ARTICLE 9. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be affected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, returned receipt requested, postage prepaid and addressed as follows: To CITY: To AUTHORITY: City of San Juan Capistrano Orange County Transportation Authority 32400 Paseo Adelanto 550 South Main Street San Juan Capistrano, CA 92675 P.O. Box 14184 Attn.: City Clerk Orange, CA 92863-1584 ATTENTION: Sarah Strader, Senior Contract Administrator Phone: (714) 560-5633 Fax: (714) 506-5792 Email: sstrader(cDocta.net Page 10 of 18 z 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 • AGREEMENT NO. C-1-2508 ARTICLE 10. INDEPENDENT CONTRACTOR CITY's relationship to AUTHORITY in the performance of this Agreement is that of an independent CONTRACTOR. CITY's personnel performing services under this Agreement shall at all times be under CITY's exclusive direction and control and shall be employees of CITY and not employees of AUTHORITY. CITY shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. ARTICLE 11. INSURANCE A. CITY shall procure and maintain insurance coverage with respect to the RESTORATION ACTIVITIES during the entire term of this Agreement. The following coverage shall be full coverage and not subject to self-insurance provision. CITY shall provide the following insurance coverage: 1. Commercial General Liability, to include Products/Completed Operations, Contractual Liability, and Personal Injury with a minimum limit of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate. 2. Workers' Compensation with limits as required by the State of California including a waiver of subrogation in favor of AUTHORITY, its officers, directors, employees and agents; 3. Employers' Liability with minimum limits of $1,000,000.00; and B. Proof of such coverage, in the form of an insurance company issued policy endorsement and a broker -issued insurance certificate, must be received by AUTHORITY prior to commencement of any work. Proof of insurance coverage must be received by AUTHORITY within ten (10) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors, employees and agents designated as additional insured on the general and automobile liability. Such insurance shall be primary and non -contributive to Page 11 of 18 1 2 3 4 5 6 7 8 9 to u 12 13 14 15 16 19 IS 19 20 21 22 23 24 25 26 0 • AGREEMENT NO. C-1-2508 any insurance or self-insurance maintained by AUTHORITY. Furthermore, AUTHORITY reserves the right to request certified copies of all related insurance policies. C. CITY shall include on the face of the certificate of Insurance the Agreement Number C-1-2508; and, the Contract Administrator's Name, Sarah Strader, Sarah Strader, Senior Contract Administrator. D. CITY shall also include in each subcontract agreement the stipulation that subcontractors shall maintain insurance coverage in the amounts required from CITY as provided in this Agreement. ARTICLE 12. ORDER OF PRECEDENCE Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence: (1) the PLAN, (2) the provisions of this Agreement, including all exhibits; (3) the GUIDELINES; and (4) all other documents, if any, cited herein or incorporated by reference. ARTICLE 13. CHANGES By written notice or order, AUTHORITY may, from time to time, order work suspension and/or make changes in the general scope of this Agreement, including, but not limited to, the services furnished to AUTHORITY by CITY as described in the PLAN. If any such work suspension or change causes an increase or decrease in the price of this Agreement or in the time required for its performance, CITY shall promptly notify AUTHORITY thereof and assert its claim for adjustment within ten (10) days after the change or work suspension is ordered, and an equitable adjustment shall be negotiated. At such time, CITY and AUTHORITY shall negotiate and execute an amendment to this Agreement. However, nothing in this clause shall prohibit CITY from proceeding immediately with the Agreement as changed. ARTICLE 14. DISPUTES A. Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by supplemental agreement shall be decided by OCTA's Director, Contracts Administration and Materials Management (CAMM), Page 12 of 18 1 2 3 4 s 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 0 0 AGREEMENT NO. C-1-2508 who shall reduce the decision to writing and mail or otherwise furnish a copy thereof to CITY. The decision of the Director, CAMM, shall be final and conclusive. B. The provisions of this Article shall not be pleaded in any suit involving a question of fact arising under this Agreement as limiting judicial review of any such decision to cases where fraud by such official or his representative or board is alleged, provided, however, that any such decision shall be final and conclusive unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence. In connection with any appeal proceeding under this Article, CITY shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. C. Pending final decision of a dispute hereunder, CITY shall proceed diligently with the performance of this Agreement and in accordance with the decision of OCTA's Director, CAMM. This "Disputes" clause does not preclude consideration of questions of law in connection with decisions provided for above. Nothing in this Agreement, however, shall be construed as making final the decision of any OCTA official or representative on a question of law, which questions shall be settled in accordance with the laws of the state of California. D. Furthermore, in the event the City is aggrieved by the decision of OCTA's Director, CAMM on a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). ARTICLE 15. TERMINATION A. Either party, CITY or AUTHORITY, may terminate this Agreement for its convenience any time, in whole or part, by giving the other party written notice thereof. Upon said notice, AUTHORITY shall pay CITY its allowable costs incurred to date of termination and those allowable costs determined by AUTHORITY to be reasonably necessary to affect such termination. Thereafter, neither party shall have no further claims against the other party under this Agreement. Page 13 of 18 1 2 3 4 5 6 7 s 9 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 E 0 AGREEMENT NO. C-1-2508 B. Either party may terminate this Agreement for the other parties' default if a federal or state proceeding for the relief of debtors is undertaken by or against such party, or if such party fails to make an assignment for the benefit of creditors, or for cause if either such party fails to perform in accordance with this Agreement or breaches any terms or violates any provisions of this Agreement and does not cure such breach or violation within thirty (30) calendar days after written notice thereof. ARTICLE 16. INDEMNIFICATION Both parties shall indemnify, defend and hold harmless the other party, its officers, directors, employees and agents from and against any and all claims (including attorneys' fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, damage to or loss of use of property caused by the negligent acts, omissions or willful misconduct by each party, its officers, directors, employees, agents, subcontractors or suppliers in connection with or arising out of the performance of this Agreement. ARTICLE 17. AUDIT AND INSPECTION OF RECORDS CITY shall provide AUTHORITY, or other agents of AUTHORITY, such access to CITY's accounting books, records, work data, documents and facilities, as AUTHORITY deems necessary. CITY shall maintain such books, records, data and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during CITY's performance hereunder and for a period of four (4) years from the date of final payment by AUTHORITY. ARTICLE 18. FEDERAL, STATE AND LOCAL LAWS CITY warrants that in the performance of this Agreement, it shall comply with all applicable federal, state and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated thereunder. ARTICLE 19. EQUAL EMPLOYMENT OPPORTUNITY In connection with its performance under this Agreement, CITY shall not discriminate Page 14 of 18 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 0 AGREEMENT NO. C-1-2508 against any employee or applicant for employment because of race, religion, color, sex, age or national origin. CITY shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ARTICLE 20. PROHIBITED INTERESTS Each party covenants that, for the term of this Agreement, no director, member, officer or employee of such party during his/her tenure in office/employment or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE 21. OWNERSHIP OF REPORTS AND DOCUMENTS A. The originals of all letters, documents, reports and other products and data produced under this Agreement shall be delivered to, and become the property of AUTHORITY except the PLAN which shall be the property of CITY. Copies may be made for CITY's records but shall not be furnished to others without written authorization from AUTHORITY. AUTHORITY hereby grants exclusive use of deliverables by CITY for the purpose of publication in peer-reviewed scientific journals and other research publications. CITY shall acknowledge AUTHORITY in all such publications. B. All memoranda, specifications, plans, manufacturing, procedures, drawings, descriptions, and all other written information submitted to CITY in connection with the performance of this Agreement shall not, without prior written approval of AUTHORITY, be used for any purposes other than the performance for this project or publication in scientific and research journals or reports with appropriate acknowledgement in accordance with paragraph A above, nor be disclosed to an entity not connected with the performance of the project. CITY shall comply with AUTHORITY's policies regarding such material. Nothing Page 15 of 18 1 2 3 4 s 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 AGREEMENT NO. C-1-2508 furnished to CITY, which is otherwise known to CITY or becomes generally known to the related industry shall be deemed confidential. CITY shall not use AUTHORITY's name, photographs of the project, or any other publicity pertaining to the project in any magazine, trade paper, newspaper, seminar or other medium without the express written consent of AUTHORITY , with the exception of scientific and research reports and journals in accordance with paragraph A. C. No copies, sketches, computer graphics or graphs, including graphic art work, are to be released by CITY to any other person or agency except after prior written approval by AUTHORITY, except as necessary for the performance of services under this Agreement. All press releases, including graphic display information to be published in newspapers, magazines, etc., are to be handled only by AUTHORITY unless otherwise agreed to by CITY and AUTHORITY. CITY may discuss and/or display images of, and general (non-technical and non -confidential) information about the PROJECT on its websites after consultation with and approval by AUTHORITY, which shall not be unreasonably withheld. ARTICLE 22. RESTORATION ACTIVITIES WITHIN FUNDING LIMITATIONS A. In order to ensure the consistency of the PLAN with the EMP and AUTHORITY's budget process, CITY shall use its best efforts to implement and complete the PLAN activities required under this Agreement so as does not to exceed the estimated cost as set forth by the 1�1d B. CITY will promptly advise AUTHORITY if it finds that the PLAN will exceed or is likely to exceed the funding limitations and it is unable to perform the PLAN's RESTORATION ACTIVITIES within these limitations. Upon receipt of such information, AUTHORITY will review CITY's revised estimate of restoration work. AUTHORITY may authorize changes in PLAN activities upon CITY conferring with AUTHORITY and Wildlife Agencies. C. AUTHORITY can update the Guidelines at least biennially whereby the most recent update is incorporated herein by reference; provided however that should any update of said Page 16 of 18 1 2 3 4 5 6 7 8 9 10 n 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 L 0 AGREEMENT NO. C-1-2508 Guidelines require the scope and budget of PROJECT to be increased, such an increase in the scope and budget shall be administered as an automatic amendment to this agreement and shall be funded by AUTHORITY. ARTICLE 23. HEALTH AND SAFETY REQUIREMENTS In connection with its performance under this Agreement, CITY shall comply with all of the requirements set forth in Exhibit B, LEVEL 1 SAFETY SPECIFICATIONS. ARTICLE 24. FORCE MAJEURE Either party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of such cause is presented to the other party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the party not performing. This Agreement shall be made effective upon execution by both parties. Page 17 of 18 1 z 3 4 5 6 7 8 9 10 u 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGREEMENT NO. C-1-2508 w IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-1-2508 to be executed on the date first above written. CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY TRANSPORTATION AUTHORITY By 6C'd!fCw'-e'B y kA�— V — Cindy Russell, hief Financial Officer Will Kempton Chief Executive Officer APPROVED: '' Kia Mortaia6j Executive Dire or, P anninc Page 18 of 18 CHAPTER 1.0 0 TABLE OF CONTENTS PROJECT OVERVIEW/INTRODUCTION 5 1.1 Regional Site Map 6 1.2 Project Site Map 6.a 1.3 Percent Native Cover vs. Invasive Cover Map 6.b 1.4 Mapped Acreages of Restoration Efforts 6.c 1.5 Site Assessment Map - Vegetation 6.d 1.6 Site Assement Map - Vegetation (Detail) 6.e 1.7 Site Assessment Map - Sensitive Species 6.f CHAPTER 2.0 LAND OWNERSHIP/MANAGEMENT 7 CHAPTER 3.0 RESTORATION STRATEGY 8 CHAPTER 4.0 GOALS AND OBJECTIVES 8 CHAPTER 5.0 SUCCESS CRITERIA 9 CHAPTER 6.0 SITE ASSESSMENT 10 6.1 Sensitive Species Assessment 12 6.2 Invasive Species Assessment 12 6.3 Initial Mapping of Vegetation Communities 13 and Land Cover 6.4 Field Verification of Initial Mapping of 14 Vegetation Communities and Land Cover 6.5 Field Verification of Sensitive Species 16 6.6 Site Assessment Data Interpretation and 16 Analysis 6.7 Compilation of Vegetation Communities and 16 Land Cover 6.8 Compilation of Invasive Plant Species Data 17 6.9 Compilation of Sensitive Species Data 17 6.10 Wildlife Corridors and Linkages 18 6.11 Survey Limitations 19 CHAPTER 7.0 SENSITIVE SPECIES SURVEYS 19 7.1 Permitting 20 7.2 Restoration Activities Restrictions 21 CHAPTER 8.0 SITE PREPARATION AND INSTALLATION 22 2C Ranch/Trabuco Creek Restoration Plan 2 San Juan Capistrano, California 0 0 8.1 Grading 22 8.2 Soil Testing 23 8.3 Riparian Pre -Planting Invasive Species Control 23 8.4 Upland Pre -Planting Invasive Species Control 23 8.5 Irrigation 24 8.6 Vegetation Types 25 8.7 Planting Plan 26 8.8 Upland Restoration Planting Plan 26 8.9 Riparian Restoration Planting Plan 30 8.10 Source Materials 31 CHAPTER 9.0 MAINTENANCE PROGRAM 32 9.1 Erosion Control 32 9.2 Weed Control 32 9.3 Plant Protection 32 9.4 Trash and Debris Removal 33 9.5 Irrigation 33 9.6 Vandalism 33 9.7 Fire Suppression 34 CHAPTER 10.0 PROPERTY ANALYSIS RECORD 35 10.1 Long Term Management Tasks and Costs 36 CHAPTER 11.0 RESTORATION MONITORING PROGRAM 37 11.1 Habitat Monitoring 37 11.2 Frequency and Duration 37 11.3 Adaptive Management Plan 37 11.4 Photo -Monitoring 37 11.5 Native Species Monitoring 39 11.6 Invasive Species Monitoring 40 CHAPTER 12.0 CONTINGENCY MEASURES 40 CHAPTER 13.0 REPORTING AND DOCUMENTATION 41 13.1 Maintenance Reports 41 13.2 Annual Site Visits 41 13.3 Final Report 42 13.4 Data Documentation 42 2C Ranch/Trabuco Creek Restoration Plan 3 San Juan Capistrano, California 0 CHAPTER 14.0 REFERENCES 44 CHAPTER 15.0 SITE PHOTOS 46 2C Ranch/Trabuco Creek Restoration Plan San Juan Capistrano, California 9 0 1.0 Project Overview The City Parcel/Shea Restoration is located within the Trabuco Creek watershed in San Juan Capistrano, CA. The scope of the proposed restoration would entail removal of non-native invasive species, including arundo, artichoke thistle and mustard, and revegetation of native riparian and upland species in a 53 acre project area. The project will adhere to best -practices widely used in the restoration science field, as well as to the requirements stipulated in the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines. The project entails two contiguous, core areas comprising both upland and riparian habitat. The upland portion of the project consists of 40 acres of mild to steeply sloping topography that supports degraded coastal sage scrub habitat and a large population of invasive artichoke thistle and mustard. The area extends uphill from the Trabuco Creek riparian corridor to the Colinas ridgeline, where it connects to the Salt Creek Open Space Corridor, a permanent wilderness preserve and key wildlife corridor. The riparian portion of the project consists of 13 acres along Trabuco Creek and its associated transitional zones. Trabuco Creek flows year round and is un - channelized as it passes through the project, providing a natural riparian environment conducive to numerous sensitive species. Vegetation on the creek banks and within the stream channel is a mix of native and non-native species. Native vegetation primarily consists of mulefat and willow scrub, with occasional sycamore trees, cottonwoods and scrub oak. Invasive vegetation features significant stands of arundo, as well as a small but growing area of tamarisk and pampas grass. The primary aim of restoration within the project site would be the removal and control of invasive, non-native plants across the entire restoration area , followed by the planting of native species so as to establish a more diverse habitat structure conducive to supporting an array of native plants and wildlife. In addition to the immediate habitat benefits of the project, the site has regional importance as part of the Trabuco Creek Wildlife Linkage, which connects Orange County's eastern and western wilderness preserves and supports key biodiversity and wildlife connectivity for a number of sensitive species. 2C Ranch/Trabuco Creek Restoration Plan 5 San Juan Capistrano, California 0 2.0 Land Ownership/Land Management and Experience The City of San Juan Capistrano owns and manages the entire property included in the proposed restoration. A conservation easement or other mutually agreed -to legal mechanism will be recorded for the property following restoration so as to ensure long term land use consistent with the project's restoration and mitigation intent. The City owns several thousand acres of additional open space throughout the City and maintains a well-regarded open space management track record. In addition to completing a number of restorations, the City has also taken significant steps to ensure that its open space is safeguarded from encroachments, infrastructure impacts and habitat degradation. The City has a solid history of effective open space management of large blocks of open space lands with biological resource value. The following are a few highlights from several decades of successful open space management. Management of the north and south public lands by the City has included the on-going, annual administration of an Artichoke thistle (Cynara cardunculus) eradication program. The City spends $ 400,000 annually on open space trails and maintenance, including the City's invasives eradication program. This program would be used in the continuing management and monitoring of the proposed restoration site and adjoining City lands so as to ensure full adherence to performance standards. In November 2008, the City's residents voted approval of a $30 million bond measure for the acquisition and stewardship of open space lands, which is indicative of the City and the community's commitment to open space even in the midst of a severe economic downturn. The City has worked to preclude cattle grazing activities on the north and south public lands to prevent the spread of invasive plants, especially Artichoke thistle but also other common invasives (i.e., tobacco, mustard, etc.). The City continues to actively enforce restrictions on the operation of motorized vehicles, primarily off-road motorcycles, to prevent damage to native habitat and disturbance to wildlife within City open spaces. Sheriff's deputies recently cited five persons for violating restrictions on the operation of off-road vehicles within City open space. The City secured the dedication of a habitat conservation easement to the California Department of Fish & Game for a large portion (about 56 acres) of the Ocean Pointe property to preserve existing coastal sage scrub (CSS) habitat and create additional habitat. The project also implemented a California native 2C Ranch/Trabuco Creek Restoration Plan San Juan Capistrano, Catifornia 9 0 plant palette, one of the first in a residential community in Southern California. Since then, the City has worked with other residential subdivision developers (Woodbridge, William Lyon) to limit landscaping to a California native palette. The City recently completed construction of the Los Rios Community Park notable for its exclusive use of a California native plant palette. Between 1994 and 2004, the City implemented a 9.6 -acre riparian habitat restoration project along the Trabuco Creek Linkage extending from the existing Southern California Regional Rail Authority (SCRRA) railroad northeasterly to Camino Capistrano. Habitat cover and biological resources are performing very well and only small patches of non-native species are present, mainly arundo that washes down from the upper portion of the creek. Additional information on City management is readily available should you like to review further data and performance measures. 3.0 Restoration Strategy The project is best classified as a restoration, versus an enhancement or a habitat creation project. It will restore 53 acres of habitat that was previously healthy native vegetation but which has been degraded by invasive species, largely due to historic grazing of the property. Due to the significant percent cover of invasive species, at times 100% of plant cover across several contiguous acres, it is expected that the project will result in a substantial net gain in native habitat acreage. 4.0 Goals and Objectives The restoration project focuses on several key ecological priorities that will provide both local and regional benefits. These priorities closely align with the ecological and mitigation goals of the Measure M program. Goal: Improve habitat quality for riparian plants and wildlife species by increasing native habitat diversity, density, and structure within 13 acres of Trabuco Creek and associated transitional zones. Objective 1: Remove 13 acres of invasive, non-native species including but not limited to arundo and tamarisk (Arundo donax and Tamarix ramossissima) within a one year time frame, plus remedial follow-ups over 5 years. Objective 2: Remove scattered debris across 13 acres consisting of illegally dumped construction waste, concrete and general litter within a one year time frame, plus remedial follow-ups over 5 years. 2C Ranch/Trabuco Creek Restoration Plan San Juan Capistrano, California Objective 3: Maintain natural hydrology patterns across the site and enhance water quality for this important coastal watershed by removing selected debris and non-native species. Objective 4: Plant 13 acres of appropriate native species, including those consistent with willow scrub and mulefat scrub riparian communities, within a one year period. Maintain consistent monitoring to determine success rates and replant additional plants as needed pursuant to adaptive management techniques. Goal: Improve habitat quality for coastal sage scrub plants and wildlife species by increasing native habitat diversity, density, and structure within 40 acres of upland hillside. Objective 1: Remove 40 acres of invasive, non-native species including but not limited to artichoke thistle and mustard (Cynara cardunculus and Brassica spp.) within a one year time frame. Perform repeated remediai invasive removal follow-ups over 5 years. Objective 2: Restrict illegal public access through the site, particularly from mountain bikers, within a one year time frame and properly maintain approved, low -impact access through the site in perpetuity. Objective 3: Plant 40 acres of appropriate native species, including those consistent with coastal sage scrub communities, within a two year period. Maintain consistent monitoring to determine success rates and replant additional plants as needed pursuant to adaptive management techniques. Goal: Strengthen the critical Trabuco Creek Wildlife Linkage through the use of adaptive management techniques and comprehensive data collection. Objective 1: Establish comprehensive baseline data of entire 53 acre project area and relevant adjacent open space, including current species, likely wildlife movement patterns and habitat characteristics prior to beginning any restoration work. Objective 2: Comprehensively monitor restoration progress to identify changes in species populations, quality, diversity and movement. Objective 3: Combine continued data monitoring with adaptive management techniques to adjust restoration methodology to maximize project benefits to Trabuco Creek Wildlife Linkage and species. 5.0 Success Criteria The performance standards proposed for this restoration are as follows: 13 acre Willow Woodland, Riparian Scrub and Transitional Zone Area: Restoration plantings shall attain a minimum of 75% native cover after 3 years 2C Ranch/Trabuco Creek Restoration Plan San Juan Capistrano, California 0 0 and 90% cover after 5 years with less than 5% cover by non-native species and 0% cover by non-native invasives. The site shall have 90% of the species diversity of a nearby reference site. 40 acre Coastal Sage Scrub Area: Restoration plantings shall attain 50% native shrub cover after 3 years, and 75% native shrub cover after 5 years, with less than 5% cover by non-native species (except annual grassland, which will have less than 10% cover), and 0% cover by non-native invasives. The site shall have 90% of the species diversity of a nearby reference site. Species Success Criteria: The City contracted Dudek and Associates in 2008 to complete a habitat and wildlife study of the project area and adjacent open space. This study was completed in June 2008 and documented a number of sensitive species on or closely adjacent to the project site. This study has been expanded in recent months to incorporate additional biological baselines for plant and wildlife species, such as percent habitat cover suitable for sensitive species such as least Bell's vireo, thereby providing a more comprehensive foundation to assess species responses to habitat restoration. Continuing assessment will focus on demonstrating upward trends in presence, abundance, nesting/breeding activity, and/or diversity of selected target species or groups of species (e.g., riparian birds). Target species selection will focus on species that are indicators of habitat conditions, and may include covered species (as appropriate) and/or non -sensitive common species. Additional assessments will include review of conditions such as soil suitability, topography, hydrology and other characteristics noted in Section 2.6 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines. 6.0 Site Assessment A comprehensive site assessment has been completed identifying sensitive habitat, protected species, and invasive plants within the project area and adjacent lands. The site assessment included more than 15 site visits and extensive review of existing data and was enhanced by a $ 25,000 Dudek and Associates report evaluating specific vegetation and wildlife resources. Sources for sensitive plant and wildlife species information included the California Natural Diversity Data Base (CNDDB), species data provided by U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG) for endangered and/or threatened species potentially occurring within the study area, as well as the Orange County NCCP effort databases (the Central -Coastal Subregion and Southern Subregion). The CNDDB data review included a nine -quadrangle search of the following maps: San Juan Capistrano, San Clemente, Dana Point, Laguna Beach, Tustin, 2C Ranch/Trabuco Creek Restoration Plan 10 San Juan Capistrano, California 171 0 Canada Gobernadora, Santiago Peak and EI Toro. Additionally, invasive plant species distribution within Oso and Trabuco watersheds was available from Dendra (2007). In addition to the sources noted above, the following literature and data were reviewed for the site assessment: Biological Reports • Dendra. 2007. Invasives Species Mapping Report and GIS Database. • Dudek. 2008. Monitoring Report (2007) for the Arroyo Trabuco Conservation Area (Lower Rosan Ranch) Off-site Wetland Mitigation Project, San Juan Capistrano, CA. • Psomas. 2007, Biological Constraints Analysis for the proposed San Juan Basin RechargeBasins. • Summers & Murphy. 2006. Pacifica San Juan Restoration Plan. • BonTerra Consulting. 2006a. Biological Constraints Survey for the Hsiao Williams Project Site in the City of San Juan Capistrano, Orange County, California. • BonTerra Consulting. 2006b. Results of Special Status Plant Surveys for the Hsiao- Williams Project Site in the City of San Juan Capistrano, Orange County, California. • BonTerra Consulting. 2006c. Results of Habitat Assessment for the Burrowing Owl on the Hsiao-Williams Project Site, City of San Juan Capistrano, Orange County, California. • BonTerra Consulting. 2006d. Results of Focused Presence/Absence Surveys for the Southwestern Willow Flycatcher and Least Bell's Vireo on the Hsiao-Williams Project Site, City of San Juan Capistrano, Orange County, California. • California Wildlife Ecology. 2004. Wetlands Determination for the City of San Juan Capistrano, Reservoir Canyon, 760 Zone SC -04 Water Reservoirs • City of San Juan Capistrano. General Plan. 1999. • Cathcart Garcia Von Langen Engineers. 1999. San Juan Creek Habitat Mitigation and Monitoring Plan, Corps of Engineers File No. 96 -00017 - LTM. GIS Data Topography — San Juan Creek (50- and 100 -foot scale AutoCAD files). Pictometry imagery and software (2008 seamless aerial photography, I inch pixel resolution; 2008 oblique photography). City GIS database layers (city boundary, creeks, hiking trails, HOA boundaries, city -owned lands, open space lands, and streets). 2C Ranch/Trabuco Creek Restoration Plan San Juan Capistrano, California 6.1 Sensitive Species Assessment The site assessment also included review of the listing packages for each endangered and threatened species, and CNDDB information regarding sensitive species and habitats known to occur in the region in order to determine a species potential to occur on site. The CNDDB was reviewed for all pertinent information regarding the localities of known observations of sensitive plant and wildlife species within the vicinity of the study area. The USGS topographic quadrangles that were searched included San Juan Capistrano, San Clemente, Dana Point, Laguna Beach, Tustin, Canada Gobernadora, Santiago Peak, and EI Toro. In addition, the Soil Survey of Orange County and Part of Western Riverside, California, (Wachtell 1978) was consulted in order to determine distribution of soils within the study area and habitat suitability for sensitive plant species. Sensitive plants reviewed include those listed by the USFWS, CDFG, and California Native Plant Society (CNPS) (particularly Lists 1A, 1 B, and 2). A literature review was conducted to determine the sensitive plant species that have the potential to occur within the region. Sources included the CNDDB species data provided by CDFG for endangered and/or threatened species potentially occurring within the region. Sensitive wildlife species reviewed include those species listed as endangered or threatened under the Federal Endangered Species Act (FESA) and the California Endangered Species Act (CESA), candidates for listing by USFWS or CDFG, and species of special concern as defined by the CDFG. Similar to sensitive plants, a literature review and CNDDB species data search were conducted to determine the sensitive wildlife species that have the potential to occur within the region. 6.2 Invasive Species Assessment Invasive plant species reviewed included those identified by the Cal -IPC for the State of California -Southwest floristic province. A search within the State of California -Southwest floristic province resulted in a database of plant assessment forms including, but not limited to artichoke thistle (Cynara cardunculus), arundo or giant reed (Arundo donax), black mustard (Brassica nigra), fennel (Foeniculum vulgare), hemlock (Conium maculatum), and tree tobacco (Nicotiana glauca). Three criteria ratings were applied to each invasive plant species: high, moderate, and limited rating invasive species. The criteria ratings as described within the Cal -IPC database are defined below. • High: These species have severe ecological impacts on physical 2C Ranch/Trabuco Creek Restoration Plan 12 San Juan Capistrano, California processes, plant and animal communities, and vegetation structure. Their reproductive biology and other attributes are conducive to moderate to high rates of dispersal and establishment. Most are widely distributed ecologically. • Moderate: These species have substantial and apparent, but generally not severe, ecological impacts on physical processes, plant and animal communities, and vegetation structure. Their reproductive biology and other attributes are conducive to moderate to high rates of dispersal, though establishment is generally dependent upon ecological disturbance. Ecological amplitude and distribution may range from limited to widespread. • Low/Limited: These species are invasive but their ecological impacts are minor on a statewide level or there was not enough information to justify a higher score. Their reproductive biology and other attributes result in low to moderate rates of invasiveness. Ecological amplitude and distribution are generally limited, but these species may be locally persistent and problematic. A total of 25 invasive species were identified as a high rating, 57 as moderate, and 3 as a limited priority rating within the Southwest region. Additional information sources consulted included scientific journal articles, and historic and current aerial photographs, as appropriate. 6.3 Initial Mapping of Vegetation Communities and Land Cover The site assessment investigation was initiated by compiling a list of vegetation communities based on the original mapping effort and updates provided by Jones & Stokes (1993) during vegetation community and land cover mapping within the Orange County NCCP efforts. Plant communities not included in Gray and Bramlet (1992) and not descriptive enough (e.g., "mid -elevation chaparral') or too descriptive for the purposes of creating a general vegetation map (e.g., "non- jurisdictional mulefat scrub") were removed. Biologists conducted aerial interpretation of vegetation communities that encompassed the entire study area. True -color aerial photographic with a 6 -inch resolution were printed at 1:6,000 -scale (1 inch = 500 feet). Habitat associations and land cover types were mapped directly on the hard copy maps. The aerial interpretation was aided by previous vegetation mapping conducted in 2007- 2008 by Dudek on the Southern Subregion Habitat Reserve (SSHR), which occur immediately adjacent to the City. Aerial interpretation of invasive plant species was performed using ArcGIS software. Overhead and oblique aerial photography was taken in 2008 and 2C Ranch/Trabuco Creek Restoration Plan 13 San Juan Capistrano. California 9 9 obtained by the City. Pictometery was used to identify invasive plant species that are listed as priorities by the Cal -IPC for the State of California -Southwest floristic province. The oblique imagery was viewable within the project -specific GIS database using a custom extension within ArcMap that greatly increases the usability of the oblique data. The tool provided views of moderately high- resolution oblique imagery from any cardinal direction, but only allowed identification of a few priority invasives: arundo or giant reed, pampas grass (Cortaderia jubeta), and Mexican fan palm (Washingtonia robusta). The distribution of arundo throughout riparian areas within the City has been the focus of other efforts implemented at the County -wide, inter -jurisdictional level (Dendra 1997). Therefore, areas of arundo infestation were only mapped as vegetation communities if they met the planning -level or site-specific MMUs, or in locations where individuals were not previously identified as part of Dendra's work (2007). Imagery for the entire study area was available for photographic review. During the planning- level assessment, biologists used ArcGIS to zoom into locations of previously identified invasive plant species to build a visual signature, or catalog; of each priority invasive. Areas of previous infestation were then scanned to identify invasives. Invasive plant species were mapped on hard copy aerial maps as point locations to represent up to five individual species counts. If an area contained more than 20 individuals, a polygon was mapped. For the site- specific assessment, the entire Northwest Area, the imagery was systematically scanned with a greater attention to detail to identify distribution of invasive plant species. Aerial interpretation of sensitive species likeliness to occur within the study area was limited to coarse classification of species -habitat associations. Sensitive species prioritized for the investigation included all of the "focal species," "covered species" and "conditionally covered" species identified in the Orange County NCCP efforts (Appendix C). Additionally, previous documented occurrences of sensitive biological resources from the CNDDB, and special status or commonly accepted as regionally sensitive by the CNPS, CDFG, and USFWS were incorporated within the project -specific GIS and overlaid onto aerial photography. Biologists identified potential habitat for sensitive species during the aerial photographic review for both the planning -level and site- specific phase. 6.4 Field Verification of Initial Mapping of Vegetation Communities Prior to initiating the field mapping effort, a field manual was created that included the classification system and mapping protocols to ensure that data collection was uniform, replicable and reliable among surveyors. The field manual provided regional maps, explicit mapping methods, vegetation community descriptions, MMUs for each vegetation type, list of all Cal -IPC 2C Ranch7Trabuco Creek Restoration Plan 14 San Juan Capistrano, California 0 0 invasive plant species, and a list of the sensitive species prioritized for the investigation. Field maps were printed at a 1:6,000 scale (1 inch = 500 feet) of the study area, which consisted of a total of four 34- by 44 -inch sheets. Outlines of the original vegetation community and land cover polygons that were previously conducted by Dudek during the SSHR mapping efforts (with centrally labeled vegetation codes) were printed on aerial photographs. The city boundary, study area boundary (including a 0.25 -mile buffer around the open space project site, and undeveloped open space were outlined in different colors. In the field, the vegetation mapping team conducted field verification of the . aerial interpretation mapping efforts for both the planning -level and site-specific phase. Biologists visited areas of concern or areas that were difficult to identify during the aerial photographic review. All mapping was done directly in the field onto the same 1:6,000 -scale (1 inch = 500 feet) aerial photographic base used during the aerial interpretation. Dominant plant species were used to determine the appropriate vegetation community or land cover. Latin and common names of plants follow Hickman (1993) and when not available in Hickman, common names follow Simpson and Rebman (2001). Each polygon was labeled according to the appropriate habitat association using vegetation community acronyms developed from the OCHCS. Annual grasslands and Venturan-Degan transitional coastal sage scrub communities that were dominated by non- natives such as artichoke thistle and black mustard were mapped as being disturbed and were labeled dAGL or dCSS, respectively, directly onto the true -color aerial. Field verification was conducted over 100% of the project site and adjacent open space lands to accurately distinguish the more difficult scrub and chaparral at the habitat association level using the OCHCS. Biologists conducted field verifications of invasive plant species distribution identified during the aerial interpretation. Invasive plant species distribution was based on visual inspection viewed from roads, bridges, paths, and easily accessible areas. All mapping was done directly on the same field maps used for the vegetation association and land cover classification. Similar to the aerial interpretation process, invasive plant species were mapped using points to represent up to five individuals and polygons for more than 20 individuals. Each point or polygon location was labeled using a set of acronyms to identify priority Cal -IPC invasive plant species developed for the project and included in the field manual. Identification of invasive plant species was conducted on foot over 100% of the restoration project area. 2C Ranch/Trabuco Creek Restoration Plan 15 San Juan Capistrano, California 6.5 Field Verification of Sensitive Species During field verification of the initial vegetation mapping, biologists confirmed vegetation communities and land cover classifications and identified potential habitat for sensitive species. Distribution of previously documented occurrences of sensitive biological resources from the Orange County NCCP efforts and the CNDDB were visited. During the field mapping effort, sensitive plant and wildlife species observations were documented on the same field maps. Species identification and habitat associations were conducted on foot over 100% of the project area with particular attention on the riparian corridors associated with Trabuco Creek. All wildlife species observed on site were recorded during the field investigation; however, no focused surveys for sensitive wildlife species were conducted. 6.6 Site Assessment Data Interpretation and Analysis Following field mapping, data collected was recorded, digitized into GIS format, and compiled. The data interpretation and analysis conducted for each mapping product (vegetation communities and land covers, invasive plant species, and sensitive species) is explained in this section. Additionally, this section describes a preliminary evaluation of wildlife corridors within the study area that was conducted at the planning -level scale and based on the distribution of vegetation community and land cover classification. A total of five Vegetation Community and Land Cover Maps, four Invasive Plant Species Maps, and four Sensitive Species Maps were created from the data interpretation and analysis phase of the mapping effort. These maps have been referenced extensively throughout the OCTA grant application process and have been provided to OCTA staff and the Conservation Biology Institute. 6.7 Compilation of Vegetation Communities and Land Cover Data Once the mapping and field verification phase was complete, the vegetation communities and land covers were transferred to acetate and scanned at the original 1:6,000 scale (1 inch = 500 feet) by Scantech AE. The boundaries for the vegetation communities were converted into geo-referenced polyline features. Once the data was received from Scantech, biologists confirmed the accuracy of the digitized vegetation communities and performed edge -matching between sheets via heads -up digitizing. Biologists converted the poiylines into polygons and performed a spatial join to link the vegetation polygons with the vegetation code attribution. All four maps were then combined into one GIS layer. An in-depth GIS analysis was performed on the dataset for quality assurance/quality control (QA/QC). The analysis included the removal of 2C Ranch/Trabuco Creek Restoration Plan 16 San Juan Capistrano, California 0 0 vegetation communities outside of the project boundary and the merging of adjacent polygons with the same attribution between sheets. Duplicate and overlapping polygons were corrected. Vegetation community and land cover attribution was re -checked and corrected, as appropriate. 6.8 Compilation of Invasive Plant Species Data Invasive plant species point locations and polygons were transferred to acetate and scanned at the original 1:6,000 scale (1 inch = 500 feet) by Scantech AE. The invasive plant species locations were converted into geo-referenced point and polygon features. Once the data was received from Scantech, biologists confirmed the accuracy of the digitized locations and invasive plant species polygons were created via heads -up digitizing. Where appropriate, biologists converted polylines into polygons and performed a spatial join to link the invasive plant species polygons with the invasive code attribution. The QA/QC GIS analysis included the removal or correction of duplicate and overlapping point and polygons features, as well as the confirmation of invasive plant species attribution. 6.9 Compilation of Sensitive Species Data Documented occurrences of sensitive biological resources from previous biological investigations conducted within the City, the Orange County NCCP efforts, and the CNDDB were compiled. Determinations were made regarding the potential for sensitive species to occur within the study area based on information gathered during biologist surveys including the location of the occurrence, vegetation community, current site conditions, past and present land use and a review of known locations based on the CNDDB (CDFG 2006). A habitat suitability assessment was conducted for the following focal, covered, conditionally covered, and planning wildlife species identified in the Orange County NCCP effort: • Coastal California gnatcatcher (Polioptila californica) • Cactus wren (Campylorynchus brunneicapillus couesi) • Orange -throated whiptail (Aspidoscelis [Cnemidophorus] hyperythra beldingi) • Arroyo toad (Bufo californicus) • Southwestern pond turtle (Emys [Clemmys] marmorate pallida) • Western spadefoot toad (Spea (Scaphiopus] hammondir) • least Bell's vireo (Vireo bellii pusillus) • Southwestern willow flycatcher (Empidonax traillii extimus) • Tri -colored blackbird (Agelaius tricolor) • Yellow warbler (Dendroica petechia) 2C Ranch/Trabuco Creek Restoration Plan 17 San Juan Capistrano, California 0 0 • Yellow -breasted chat (Icteria virens). A habitat suitability assessment was conducted for the following focal, covered, conditionally covered, and planning plant species identified in the Orange County NCCP effort: • Coulter's saltbush (Atriplex coulter) • Thread -leaved brodiaea (Brodiaea filifolia) • Catalina mariposa lily (Calochortus catalinae) • Southern tarplant (Centromadia parryi spp. australis) • Small -flowered mountain mahogany (Cercocarpus minutiflora) • Tecate cypress (Cupressus forbesil) • Santa Monica Mountains dudleya (Dudleya cymosa ssp. ovatifolia) • Many -stemmed dudleya (Dudleya multicaulis) • Laguna Beach dudleya (Dudleya stolonifera) • Heart -leaved pitcher sage (Lepechinia cardiophylla) • Chaparral beargrass (Nolina cismontana) • Coast live oak (Quercus agrifolia) • Nuttall's scrub oak (Quercus dumosa) • California scrub oak (Quercus berberidifolia) • Coulter's matilija poppy (Romneya coulter). 6.10 Wildlife Corridors and Linkages Wildlife corridors are linear features that connect large patches of natural open space and provide avenues for dispersal or migration of animals, as well as dispersal of plants (e.g., via wildlife vectors). Wildlife corridors that function to convey multiple species are referred to as linkages. Wildlife corridors and linkages contribute to population viability in several ways: (1) they ensure continual exchange of genes between populations, which helps maintain genetic diversity; (2) they provide access to adjacent habitat areas representing additional territory for foraging and mating; (3) they allow for a greater carrying capacity; and (4) they provide routes for colonization of habitat lands following local population extinctions or habitat recovery from ecological catastrophes (i.e., the rescue effect). Habitat linkages are patches of natural habitat that join two larger patches of habitat. They serve as connections between habitat patches and help reduce the adverse effects of habitat fragmentation. Habitat linkages may serve both as habitat and avenues of gene flow for small animals, such as reptiles, amphibians, and rodents. Habitat linkages may be represented by continuous patches of habitat or by nearby habitat "islands" that function as stepping stones for dispersal and movement (especially for birds and flying insects). 2C Ranch/Trabuco Creek Restoration Plan 1$ San Juan Capistrano, California 0 0 Previous biological resource assessments (BonTerra 2006a—d) and analyses from the Orange County NCCP efforts pertaining to wildlife movement were compiled. A determination was made regarding the potential for portions of the study area to support wildlife movement via corridors or linkages based on information compiled from these assessments, as well as data gathered during the field surveys conducted as part of this investigation. Extensive documentation regarding the Trabuco Creek Wildlife Linkage has been previously provided to OCTA and the wildlife agencies. Accordingly, duplicate wildlife linkage data has not been included in this restoration plan. 6.11 Survey Limitations Field visits and surveys were conducted during daylight hours under weather conditions that did not preclude observation of common or special -status plant and wildlife species (e.g., surveys were not conducted during heavy fog or rain). Since field observations were conducted in September, spring -blooming herbaceous plants would not have been detected. A number of conspicuous, woody shrubs or perennial herbs would have been detected during these site visits if present on site. However, determining the presence or absence of other potentially occurring special -status plant species (i.e., annuals, inconspicuous perennial herbs, etc.) would require the completion of a spring/summer focused survey timed to coincide with the respective blooming periods to maximize detectability. Similarly, some migratory bird species and nesting raptors that may occur within the study area would not have been detected due to the seasonal timing of the field visits. 7.0 Sensitive Species Surveys As noted in the Site Assessment findings, the following species are known to occur within or adjacent to the project: • Coastal California gnatcatcher (Polloptila californica) • Arroyo toad (Bufo californicus) • least Bell's vireo (Vireo bellli pusillus) • Southwestern willow flycatcher (Empidonax tralllii extimus) • Steeihead Trout (Oncorhynchus mykiss) Pursuant to the potential occurrence of these species, the restoration sites (or suitable habitat within the restoration sites) will be surveyed for noted species prior to the onset of restoration activities to ensure that no direct or indirect impacts will occur from project implementation. Surveys shall be conducted by a qualified biologist using agency -approved, species-specific survey protocols. If listed species are detected, the Project Sponsor will adhere to conditions in 2C Ranch/Trabuco Creek Restoration Plan 19 San Juan Capistrano, California 0 0 Sections 2.8.2 and 2.8.3 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines, as appropriate, including the preparation of a Species Protection Plan. If restoration activities occur subsequent to site preparation (e.g., remedial invasive species removal in year 3 or 4), a qualified biologist shall re -survey for listed species using agency- approved, species-specific survey protocols. If listed species are detected, the Project Sponsor will adhere to conditions in sections 2.8.2 and 2.8.3 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines., as appropriate, including the preparation of a Species Protection Plan. Breeding/Nesting birds. If vegetation removal or other activities that may result in the destruction of nests and death or injury of nestlings and fledglings will be conducted during the bird breeding season (March 15th to September 15th in riparian habitat and February 15th through August 31st in upland habitat), breeding bird surveys will be conducted. These surveys will consist of at least three surveys conducted the week prior to conducting activities, with the last survey occurring within 2 days prior to commencement of work activities. If no breeding/nesting birds are observed and concurrence has been received from OCTA, work activities may begin. If breeding/nesting birds are observed, the measures described in 2.9.3 will be implemented. Southwestern Pond Turtle Pursuant to the Site Assessment findings that Southwestern Pond Turtles are unlikely to be found within or adjacent to the restoration site, surveys for this species will not be conducted unless the species is observed in the field. Bats The restoration project will not include any work at a bridge site. Accordingly, no surveys for bat species are planned unless the species is observed in the field. 7.1 Permitting Due to the presence of federally and/or state -listed species documented during the site assessment, the following conditions will apply pursuant to the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines: The Project Sponsor shall consult with the appropriate agencies, as prescribed in Federal and State Endangered Species Acts, and obtain any necessary federal and/or state permits/authorizations prior to the 2C Ranch/Trabuco Creek Restoration Plan 20 San Juan Capistrano, California 0 0 onset of any restoration activities. Any unauthorized take of listed species may result in prosecution. The Project Sponsor shall be required to prepare a Species Protection Plan that contains specific measures to avoid, minimize, or mitigate impacts to listed species. The plan shall be submitted to OCTA with the Restoration Plan (if timing allows) or prior to initiation of any restoration activities, and will require OCTA review and approval prior to commencing work. If federally and/or state -listed species are found on or near the restoration area after the project has been initiated, the following conditions shall apply: • The Project Sponsor shall cease work in the affected area and consult with the appropriate agencies, as prescribed in Federal or State Endangered Species Acts. If the work requires that the species be removed, disturbed, or otherwise impacted, the Project Sponsor shall obtain the appropriate federal and/or state permits/authorizations prior to re -starting work in the affected area. In addition, the Project Sponsor shall submit a Species Protection Plan to OCTA for review and approval. The Project Sponsor will also be responsible for obtaining any other resource agency permits applicable to any work related to restoration activities. Such permits may include compliance with CDFG Section 1600, and/or Army Corps of Engineers (ACOE) and Regional Water Quality Control Board Sections 401 and 404. 7.2 Restoration Activities Restrictions Where sensitive species may be directly or indirectly impacted by project implementation, the following species protection measures shall be implemented, as appropriate: 7.2.1 If threatened or endangered bird species are present in or adjacent to the restoration area, no work shall occur during the breeding season (March 15th through September 15th in riparian habitat and February 15th to August 31 st in upland habitat) to avoid direct or indirect (e.g., noise) impacts to listed species except as authorized by state and/or federal threatened/endangered species permits/authorizations which may be required prior to commencing restoration activities. 7.2.2 If breeding activities and/or active bird nests of unlisted bird species are located and concurrence has been received from OCTA, the breeding 2C Ranch/Trabuco Creek Restoration Plan 21 San Juan Capistrano, California 0 0 habitat/nest site shall be fenced or otherwise marked a minimum of 50 feet (250 feet for raptors) in all directions, and this area shall not be disturbed until the nest becomes inactive, or the young have fledged, are no longer being fed by the parents, have left the area, or will no longer be impacted by the project. 7.2.3 Where restoration activities may disturb nesting swallows on bridges, the Project Sponsor(s) shall avoid work March 15th through September 15th. If such a condition cannot be met, then prior to March 1 st of each year, the Project Sponsor(s) shall remove all existing nests which would be impacted by the project. The Project Sponsor(s) shall continue to discourage new nest building in places where they would be disturbed using methods approved by OCTA. Nest removal and hazing must be repeated at least weekly until restoration activities begin or until a swallow exclusion device is installed. The exclusion device must provide a space of four to six inches for the passage of snakes at the bottom edge. Nests must be discouraged throughout the restoration implementation phase. At no time shall occupied nests be destroyed as a result of project implementation. 7.2.4 If southwestern pond turtles are present in or adjacent to the restoration area, impacts to turtle habitat in wetlands or uplands from project implementation shall take place outside the breeding period (April -August). 7.2.5 If bats are present in or adjacent to the restoration area, OCTA shall be notified and provisions for their protection/conservation will be discussed. If loss of significant bat roosting habitat occurs due to the implementation of the project, the Project Sponsor(s) shall institute protection measures including the installation of roosting structures below the deck at OCTA approved locations. 7.2.6 If work is performed within any stream channel during the winter storm period, the Project Sponsor(s) shall monitor the five day weather forecast. Where the forecast indicates precipitation, the Project Sponsor(s) shall secure the site to prevent materials from entering the stream or washing downstream. The site shall be completely secured one day prior to precipitation, unless prior written approval has been provided by OCTA. During precipitation events, restoration activities are prohibited except for those activities necessary to secure the site. No work shall occur in areas containing flowing water until the flows have receded and the soil moisture content has stabilized. 8.0 Site Preparation and Installation 8.1 Grading No grading is planned as part of the restoration project. 2C Ranch/Trabuco Creek Restoration Plan 22 San Juan Capistrano, California 0 0 8.2 Soil Testing Soil testing may be conducted prior to and during installation to determine soil suitability and prescribe appropriate soil amendments (if necessary) to ensure adequate growing conditions. Soil testing may occur during the site preparation and/or restoration monitoring phases, and will include an assessment of soil texture, nutrients, pH, and compaction, among other factors. The upland area particularly will be evaluated to assess any areas of high clay content, which may determine a transitional CSS/grassland or native grassland palette for those areas. Existing soils maps will be consulted in this evaluation to guide decisionmaking. 8.3 Riparian Pre -planting Invasive Species Control Due to the mix of native vegetation and arundo in the riparian portion of the project, arundo removal will be conducted by hand tools and selected herbicide application only. Removal of root masses will not occur due to the soil and vegetation disturbance required for such work. Pursuant to standard arundo removal practice in sensitive areas, stands will be reduced to stumps and painted with herbicides approved for riparian use, whose excess (if any) degrades to water and other harmless ingredients within 48 hours. Significant care will be taken to ensure that adverse impacts to native species are avoided during both hand tool removal and herbicide applications. Limited stands of pampas grass will be addressed in the same manner as arundo. Arundo will be chipped on site into a non-viable size and spread onto the adjacent public trails. All other invasive species, as well as any herbicide - treated plant material, will be removed and disposed of at an appropriate offsite facility. Small areas of young tamarisk sprouts have been identified; however, it is anticipated that their removal by hand tools only, without the use of herbicide, will be sufficient due to their early stage growth and limited root structures. 8.4 Upland Pre -planting Invasive Species Control The upland portion of the site features substantial populations of artichoke thistle (Cynara cardunculus) and black mustard (Brassica nigra), at times consisting of 90-100% cover. Accordingly, it is anticipated that multiple grow and kill cycles will be needed to remove the considerable non-native seed bank in these areas. The "weed farming" method will be employed to reduce the non-native seed bank and invasive population to the point that native planting can commence. 2C Ranch/Trabuco Creek Restoration Plan 23 San Juan Capistrano, California Weed farming includes a cycle of irrigation, weed germination, and weed removal that may be repeated up to 12 times or more as a means of reducing the weed seed bank. Mechanical clearing, mowing, and non -residual herbicides (e.g., Rodeo and/or Roundup) may be used to remove weed and exotic species, either in combination with weed farming or as an alternative where weed farming is not feasible. The weed farming process that will be employed is described as follows; 1. The site will be cleared of weeds with string trimmers or mowers. Cut vegetation (including stems and flowering heads) will be removed from the site and disposed of at an appropriate offsite facility. 2. In the absence of natural rainfall, the restoration area will be irrigated two times per week for a two week period using a temporary irrigation system, which will be a combination of water truck and hose irrigation for this project. Soils will be saturated to a depth of at least three inches during each irrigation cycle. 3. Germinated weeds will be mowed and/or treated with an appropriate post - emergent herbicide at the end of the first two week irrigation cycle. Dead vegetation will be removed from the site and disposed of at an appropriate offsite location. 4. The cycle of irrigation and weed removal, as described above, will be repeated at least three times, including the initial cycle. The cycle will be repeated during different seasons to ensure the removal of both annuals and perennials. The Project Sponsor will determine if further treatment is required to reduce the weed seed bank. At the time of planting, the Project Sponsor will assess whether any undesirable vegetation has become established in the restoration areas and whether additional eradication is necessary. Wherever feasible, pre -planting weed control will use mechanical methods such as removal by hand or string trimmers. Existing native species will be flagged prior to removal of invasives to avoid adverse impacts. If effective weed control cannot be attained through mechanical means, appropriate systemic non -residual herbicides will be applied by a licensed applicator under the supervision of the Project Sponsor. In some cases, herbicide application may be preferable to mechanical control, particularly where the latter results in excessive impacts to the soil profile. Weed species to be removed may include, but are not limited to, the species listed in Table 1 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines. 8.5 Irrigation One of the key assets of the proposed restoration area is its readily available 2C Ranch/Trabuco Creek Restoration Plan 24 San Juan Capistrano, California 0 0 water sources via several City -owned wells in the immediate vicinity. This convenient water source would primarily be used for the portion of the proposed restoration lacking immediate water sources. The riparian portion of the site will benefit from the year-round presence of water in Trabuco Creek. Local agencies will be consulted on water usage to avoid any adverse affects to local groundwater, though environmental impacts from water delivery are not anticipated. Due to the extremely high level of invasive seeds in the soil and the expense of irrigating such a large area with above -ground sprinklers, water trucks and hand watering will be used to water the upland restoration area. To support efficiency of watering, it is expected that a water main will be installed to reach a center point of the upland restoration. Flexible hoses will be tapped into the main water line as needed to facilitate more efficient hand watering by work crews and volunteer teams during the dry season. 8.6 Vegetation Types The following plant communities comprise the plant palettes for revegetation. The planting associations for this project are based on the Holland (1986) vegetation association concept. The species listed in a vegetation association are closely tied to a common set of soil and hydrologic factors. Coastal Sage Scrub Coastal sage scrub is dominated by a characteristic suite of low-statured, aromatic, drought -deciduous shrubs and subshrub species. Composition varies substantially depending on physical circumstances and the successional status of the habitat, however, characteristic species include California sagebrush (Artemisia californica), California buckwheat (Eriogonum fasciculatum), laurel sumac (Malosma laurina), California encelia (Encelia californica), and several species of sage (e.g., Salvia mellifera, S. apiana). Mule Fat Scrub Mule fat scrub historically occurrs in intermittent stream channels with a fairly coarse substrate. Mule fat is a key plant used by least Bell's vireo both for nesting and foraging. It grows rapidly and provides quick habitat benefits. Plants typical of mule fat scrub include mule fat (Baccharis salicifolia), Santa Barbara sedge (Carex babarae), arroyo willow (Salix lasiolepis) and sandbar willow (Salix exigua). 2C Ranch/Trabuco Creek Restoration Plan 25 San Juan Capistrano, California 0 0 Southern Willow Scrub Southern Willown Scrub forms dense thickets dominated by willows, which are typically too thick to allow much understory development. Scattered emergent cottonwoods and sycamores are common to this habitat type. Plants typical of southern willow scrub include sandbar and arroyo willows, black willow (Salix goodingil), and red willow (Salix laevigata). 8.7 Planting Plan Following soil testing, all plantings will occur between October 1 and April 30 to take advantage of winter rains. For areas with supplemental irrigation provided for container stock, planting (but not seeding) may occur into early spring depending on ongoing site assessment and adaptive management techniques. Container stock will be installed no later than April 30th, cuttings will be installed no later than February 1 st, and seed will be planted no later than December 31 st. Container stock will be sourced from seed obtained within ten miles of the site, from vegetation communities with strong similarities to the project site. 8.8 Upland Restoration - 40 acres Pursuant to several site assessments by restoration biologists, the following plant species are representative of the healthy coastal sage scrub communities immediately contiguous to the restoration site which served as appropriate reference sites. Scientific Name Common Name Artemisia californica California Sagebrush Malosma laurina Laurel Sumac Encelia californica California Encelia Eriogonum fasciculatum Flat -top Buckwheat Opuntia littoralis Coastal Prickly Pear Quercus agrifolia Coast Live Oak Baccharis pilularis consanguinea Coyote Bush Mimulus auriantiacus Monkey Flower Heteromeles arbutifolia Toyon Nassella lepida Foothill Needlegrass Rhus integrifolia Lemonade berry Salvia mellifera Black Sage Dudleya edulis Lady Fingers Dudleya lanceolata Coastal Dudleya Heterome/es arbutifolia Coastal Isocoma Due to the high level of invasive species in the upland area, the project will 2C Ranch/Trabuco Creek Restoration Plan 26 San Juan Capistrano, California 0 0 incorporate a staged installation of container plants and seed over several years with varying species and densities. This approach will allow for consistent, repeated invasive removal over a 2-3 year period, at a minimum, and will allow heartier native species to establish themselves in early years, thereby providing much-needed cover and increased survival rates for more delicate native species in years 2, 3 and 4. All plants and imprints will be inoculated and colonized with beneficial vesicular- arbuscular (VA) mycorrhizal fungi. For approval by the restoration project manager, the production nursery shall submit written certification that the plants have successful VA association. The written certification shall also provide a description of the nursery's mycorrhizal program. The substantial abundance of competing non-native, invasive seeds in the soil and the need for aggressive, repeated invasive removal over several cycles precludes the use of native seeding until the invasive seed bank can be sufficiently reduced. Once the non-native seed bank has been reduced to acceptable levels, a mix of native seeds collected from within 10 miles of the project site will be incorporated into the planting implementation. In addition to seeds of the CSS shrub species noted in the container planting plan, seeds of the following perennial and annual forbs will be considered for the planting palette as appropriate. Supplemental Seeding All species planted by container will also be represented in seed. In addition, the following species will be included in the native seed mix. Perennial Forbs Scientific Name Lessingia filaginifolia Lasthenia californica Dichelostemma capitatum Keckiella cordofilla Malocothrix saxatilis Annual Forbs Scientific Name Lotus purshianus Lupinus succulentus Lupinus bicolor 2C Ranch/Trabuco Creek Restoration Plan San Juan Capistrano, California Common Name Common Sandaster California Goldfields Blue Dicks Heart -leafed Penstemon Cliff Aster Common Name Spanish Lotus Arroyo Lupine Miniature Lupine 27 0 Lasthenia californica Eucrypta chrysantemifolia Cryptantha intermedia Upland Year 1 E California Goldfields Common Eucrypta Popcorn Flower October - December 2011 Following the initial comprehensive invasive removal, removal of non -natives will continue in several grow and kill cycles, at approximately 4-6 week intervals. If invasive cover is reduced to an acceptable ratio, the first planting phase will commence after receiving 2" cumulative total rain. Plants will be installed from varying container sizes and seed and will be grouped according to existing conditions in contiguous reference sites of healthy CSS populations. Average distribution of plants is approximately 20' on center during this phase. Level dirt -berm watering basins, approximately 14" in diameter, will be established around each container plant to concentrate rainwater and allow for dry -season waterings. Each container will be installed with an identifying stake and plant protection to prevent vegetation loss due to herbivores. A pre - emergent herbicide will be applied 36" around each plant to reduce non-native germination that would adversely compete with the native planting. Quantity and species distribution per acre: Qty Scientific Name Common Name 150 Baccharis pilularis ssp. consanguinea Coyote Brush Equal number male and female plants. 150 /socoma menzeizii Spreading Goldenbush 150 Artemisia californica California sagebrush 50 Malosma laurina Laurel sumac 20 Quercus agrifolia Coast live oak 10 Sambucus mexicana Mexican elderberry 30 Heteromeles arbutifolia Toyon 20 Rhus integrifolia Lemonade berry 10 Malacothamnus fascicularis Bush mallow 10 Opuntia littoralis Coastal prickly pear 2C Ranch/Trabuco Creek Restoration Plan 28 San Juan Capistrano, California 0 Upland Year 2 October - December 2012 Following continued, comprehensive invasive species removal, it is anticipated that non-native populations will be sufficiently reduced by Fall 2012 for a supplementary planting of several additional CSS species. Planting will occur by seed and 4" containers after 2" cumulative rainfall. Plants will be grouped according to existing conditions in contiguous reference sites of healthy CSS populations. Average distribution of plants is approximately 6-7' on center during this phase. Level dirt -berm watering basins, approximately 10" in diameter, will be established around each plant to concentrate rainwater and allow for dry - season waterings. Each plant will be installed with an identifying stake and plant protection to prevent vegetation loss due to herbivores. A pre -emergent herbicide will be applied 36" around each native plant to reduce non-native germination that would adversely compete with the native planting. Quantity and species distribution per acre: Qty Scientific Name 150 Encelia californica 20 Erigononum fasciculatum 20 Mimulus auriantiacus 200 Baccharis pilularis ssp. consanguinea Equal number male and female plants. 180 lsocoma menzeizii 180 Salvia mellifera Common Name Coast sunflower Buckwheat Monkey flower Coyote brush Spreading Goldenbush Black sage A supplemental planting of 2.5" containers will also be installed: Qty Scientific Name Common Name 400 Artemisia californica California sagebrush Upland Years 3 - 5 October 2013 - December 2015 Plant survival and growth rates will be closely monitored during years 1 and 2 so that additional plantings and invasive removal can be adapted to quickly 2C Ranch/Trabuco Creek Restoration Plan 29 San Juan Capistrano, California respond to site conditions and ensure successful fulfillment of performance criteria and project objectives. Including adaptive plantings and forecasted survival rates, total container plants per acre at year 5 is expected to be approximately 3,000/acre with average spacing of 4' on center. Along with plants germinated from seeding activities and native volunteers, a broad diversity of species and targeted percent native cover is anticipated. 8.9 Riparian Restoration -13 acres Pursuant to site assessments by restoration biologists, the following plant species are representative of the healthy riparian and transitional zone communities immediately contiguous to the restoration site, which served as appropriate reference sites. Scientific Name Common Name Baccharis salicifolia Salix lasiolepis Salix exigua Salix goodingii Platanus racemosa Populus trichocarpa Artemisia californica Malosma laurina Eriogonum fasciculatum Quercus agrifolia Baccharis pilularis consanguinea Mimulus auriantiacus Euphorbia misera Rhus integrifolia Salvia mellifera Mulefat Arroyo willow Sandbar willow Black willow Sycamore Cottonwood California Sagebrush Laurel Sumac Flat -top Buckwheat Coast Live Oak Coyote Bush Monkey Flower Toyon Lemonade berry Black Sage Riparian Year 1 January - February 2011 The primary objective for the riparian restoration will be to comprehensively remove the non-native species throughout the project area and allow the native communities to repopulate the site. It is anticipated that removal of the large stands of arundo, tamarisk and pampas grass will sufficiently reduce non-native competition with native species and expedite passive restoration of the site. Selected container plantings will be installed to support native colonization, especially in areas of the project site where passive restoration is less likely or may occur too slowly to fulfill performance criteria. 2C RanchlTrabuco Creek Restoration Plan 30 San Juan Capistrano, California 0 Quantity and species distribution per acre: Qty Scientific Name 30 Salix exigua 10 Platanus racemosa 10 Populus trichocarpa Riparian Years 2 - 5 0 Common Name Sandbar willow Sycamore Cottonwood October 2013 — December 2015 Riparian and transitional zone plant survival and growth rates will be closely monitored following initial plant installation in Year 1 so that additional plantings and invasive removal can be adapted to quickly respond to site conditions and ensure successful fulfillment of performance criteria and project objectives. 8.10 Source Materials All seeds and cuttings for revegetating the restoration site will be taken from genetically appropriate native communities within 10 miles of the project site. All plants will be grown by a native species nursery experienced in riparian and coastal sage scrub plant species specific to the project area. Once satisfactory weed control is obtained, which may take one or more seasons, plant growth will occur off-site in containers. Additional re -planting will occur in subsequent seasons as needed pursuant to plant survival rates and required performance criteria. 9.0 Maintenance Program A complete maintenance program will be implemented by the City, including fire suppression, erosion control, weed control, plant protection, debris removal and all other items noted in Section 3.2 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines. The general five-year maintenance schedule is presented in Table 5. This schedule may be modified by the biological monitor in order to address specific issues that may arise in any given year of the maintenance period. 2C Ranch/Trabuco Creek Restoration Plan 31 San Juan Capistrano, California 0 0 TABLE 1.0 FIVE YEAR MAINTENANCE SCHEDULE Tasks Year Year Year Year Year Weeding 6 times 6 times 4 times 4 times 4 times Trash Removal As needed As needed As needed As needed As needed Irrigation As needed As needed As needed As needed As needed Plant Replacement As needed As needed As needed As needed As needed 9.1 Erosion Control Erosion control measures will be installed following removal of invasive plants to prevent adverse water, soil or runoff conditions. Drainage and sedimentation control devices will be routinely cleaned, maintained, and repaired, as necessary. The Project Sponsor or Maintenance Contractor will install additional erosion control devices where necessary. Once sufficient vegetative cover has developed to prevent erosion, the erosion control devices will be removed. 9.2 Weed Control Invasive species control constitutes one of the most essential components of the project and, as such, will be closely monitored and maintained throughout the duration of the project. Weeds will be controlled in the restoration area for a minimum of 5 years. Weeds will be removed mechanically, to the degree feasible. Where mechanical removal is ineffective or detrimental to the soil profile, herbicides shall be applied utilizing appropriate methodologies and application rates, as determined by the Project Sponsor and/or Maintenance Contractor. Follow-up foliar application of herbicide will be applied to any resprouting stems of invasive species in the restoration area approximately 5 to 7 weeks after the initial treatment. At a minimum, quarterly inspections and reapplication of herbicide, if necessary, shall be conducted for a period of 5 years. Weed control activities shall occur prior to seed set to prevent weed seed from contributing to the soil seed bank. Care will be taken to avoid native plantings during weed control activities. Spraying will not be done under windy conditions to avoid herbicide drift. 9.3 Plant Protection As detailed in the planting plan (Section 8), plant protection measures will be included throughout restoration areas where plant loss or damage from herbivores (e.g., rabbits, gophers, ground squirrels, deer) is likely. The need for additional plant protection will be adaptively assessed and adjusted accordingly. 2C Ranch/Trabuco Creek Restoration Plan 32 San Juan Capistrano, California 9 After removal, plant protection devices shall be disposed of at an appropriate offsite facility. 9.4 Trash and Debris Removal Although trash and debris will be removed from the restoration area during initial site preparation, it is anticipated that ongoing trash and debris removal will be required (e.g., following rain events or weed control activities). The Project Sponsor or Maintenance Contractor will be responsible for removing trash and debris during the maintenance period. Garbage, debris, and noxious weed biomass will be removed from the restoration site and disposed of at an appropriate offsite facility. Dead or downed wood of native species will not be removed except as required for safety or flood control purposes. 9.5 Irrigation The Project Sponsor or Maintenance Contractor will be responsible for ensuring proper irrigation of plantings and maintaining all components of the temporary irrigation system at the restoration site. The irrigation system will be maintained and repaired as necessary during the period of use. When irrigation is discontinued, all irrigation equipment shall be removed from the site and disposed of at an appropriate offsite facility. Irrigation will be discontinued 2-3 years before the end of the 5 -year maintenance period. It is anticipated that in the first year following installation, plants will be irrigated at a frequency sufficient to keep soil within the root zone moist during the active growing season. In year 2, irrigation is anticipated to lessen, with frequency based on specific plant requirements. In year 3, it is anticipated that little to no irrigation shall be required. This schedule will be tailored as appropriate to changing site conditions and climatic patterns. Though it will likely be discontinued in Year 3, irrigation will remain on site for the duration of the project in order to respond as needed to urgent climatic conditions, such as excessive dry periods. 9.6 Vandalism The Project Sponsor or Maintenance Contractor will note any instance of vandalism and report occurrences to OCTA within 24 hours. Recommendations for the replacement of damaged plants and their protection shall be developed by the Project Sponsor and submitted to OCTA for review and approval. Remedial measures will be undertaken in a timely manner by the Project Sponsor. A description of all remedial actions will be included in the annual reports. 2C RanchlTrabuco Creek Restoration Plan 33 San Juan Capistrano, California 9.7 Fire Suppression Consistent, comprehensive removal of invasives will be utilized throughout the restoration installation, thereby reducing the presence of highly flammable grasses, which are capable of spreading fire quickly across the landscape. In addition to appropriate site maintenance, the City has previously coordinated with the Orange County Fire Authority to establish fire prevention policies for the City's Open Space areas, including the restoration site. 9.7.1 Objectives and Guidelines of Project Site Fire Management Policies The objectives and guidelines of the project site's fire management policies are: • Prevention of catastrophic fires that substantially damage habitat resources and property. • Establishment of appropriate ingress and egress routes to ensure public safety in the event of a wildfire. • Enforcement, through controlled public access and patrols, of allowed and prohibited public uses to prevent accidental or intentional fire events. • Adherence to Best Management Practices (BMPs) for maintenance and management of project site and adjacent lands, including practicing appropriate Fire Avoidance Measures by staff or contractors during work in open space areas. 9.7.2 Prohibited Uses to Help Prevent Catastrophic Wildfires • Fires, camp stoves, barbecues or open flames • Public vehicular access • Camping • Night use • Motorized vehicles, including motorcycles or ORVs 9.7.3 Fire Prevention and Suppression Measures The project site and overall Northwest Open Space area incorporate a number of prevention and suppression tactics, including: • Several large fuelbreaks 2C Ranch/Trabuco Creek Restoration Plan 34 San Juan Capistrano, California 9 9 • Emergency access roads • A flat, 4 -acre Staging Area for trucks and equipment • A helicopter landing area • Fuel management including removal of flammable invasive plants 9.7.4 Sensitive Resource Areas Areas featuring particularly sensitive resources will be properly flagged year- round to alert fire personnel to the presence of sensitive species. Fire personnel will be advised to avoid these areas during fire prevention measures to the best of their ability, while maintaining effective fire suppression tactics. 9.7.5 Road Maintenance The primary access road for emergency crews, Alipaz Road, is repaired and maintained by City crews to ensure effective emergency crew access to the project site and overall Northwest Open Space area. 9.8 Flood Control Flooding is a natural occurrence along stream channels. However, severe flooding that uproots establishing vegetation within restoration site and causes excessive erosion may hinder achievement of restoration -specific success criteria. The Project Sponsor will implement erosion control measures to the best of its capabilities in advance of flooding events to minimize damage to the restoration site. 10.0 Property Analysis Record (PAR) A number of appropriate land management responsibilities and related costs have been identified in the PAR to ensure long-term financial stability for the site and successful continuation of the restored resource values. The site currently features a number of effective management mechanisms that, to date, have encouraged responsible, low -impact public use of the property. These include City -maintained fencing surrounding the site, low -maintenance public trails, locked access gates and property oversight via City staff and Sheriff's deputies (on-call. An overview of expected costs related to long term management of the site is noted in the following table: 2C Ranch/Trabuco Creek Restoration Plan 35 San Juan Capistrano, California 10.1 Long -Term Management Tasks and Costs Task Specification Unit Unit Qty Cost/Unitt Annual Cost HABITAT MAINTENANCE Exotic Plant Control Manual/Herbicide Contract 1 $ 6,000 $ 6,000.00 or Volunteer Events 1 $ 0.00 $ 0.00 Sub -Total $ 6,000.00 PUBLIC SERVICES Patrolling Patrol Hour 24 $ 35.00 $ 840.00 Trail Maintenance Hour 15 $ 35.00 $ 525.00 Sub -Total $ 1,365.00 GENERAL MAINTENANCE Debris Removal Collection Hour 10 $ 35.00 $ 350.00 Sub -Total $ 350.00 CONTINGENCY & ADMINISTRATION Administration City Staff $ 1,000.00 Contingency Contingency $ 3,000.00 Sub -Total $ 4,000.00 Total $ 11,715.00 2C Ranch/Trabuco Creek Restoration Plan 36 San Juan Capistrano, California 0 0 11.0 Restoration Monitoring Program A complete monitoring program will be implemented by the Project Sponsor or its approved consultant, including photo, habitat, native species monitoring, and all other items noted in Section 4 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines. 11.1 Habitat Monitoring The purpose of restoration monitoring is to evaluate progress towards achieving success criteria and ultimately, project goals and objectives, through repeated observations or measurements. Where monitoring indicates that the project is under -performing, maintenance or management activities can be modified or adapted in a timely fashion to correct the deficiency (i.e., adaptive management). 11.2 Frequency and Duration Restoration monitoring has commenced prior to project implementation with the establishment of baseline conditions during the site assessment, detailed in Section 6. Monitoring will continue through each phase of the restoration, including invasive species removal, installation of plant materials and initiation of specific maintenance activities. It is expected that restoration monitoring will occur monthly during the first two years of the project and quarterly in remaining years to ensure acceptable weed control and successful plant survival/growth. 11.3 Adaptive Management Plan Adaptive management techniques will be employed for monitoring restoration progress and adjusting methodologies as needed. Utilizing the baseline site assessment, ongoing restoration monitoring will continuously update information that will inform adaptive management (e.g., qualitative and quantitative data collection), measure the success of specific restoration activities (e.g., vegetative growth, non-native species removal) and measure species response to restoration activities (e.g., distribution and abundance of target species). 11.4 Photo -monitoring Photo -monitoring stations (points, plots) will be established within the restoration site. Photo stations allow a photographic record to be developed over time, and are a valuable too) for monitoring change, as well as re -locating 2C Rancb/Trabuco Creek Restoration Plan 37 San Juan Capistrano, California 0 transect or plot locations. For monitoring change, the ability to replicate conditions (e.g., location, direction, camera lens and angle) between years is particularly important; therefore, photo stations and photographs will be well - marked and documented, as follows: Photo station locations shall be recorded using a GPS device; in addition, the location shall be marked on a map and included with the annual and final reports. A photo log form shall be used for all photo documentation. The log shall include (but is not limited to) the following information: • Photographer name • Date of photo documentation • Photo station location (including GPS point) • Camera type and lens • Film type • Compass direction for each photograph • Height and angle or camera for each photograph Both the photo log for each photo station and all photographs taken at the station will be included in the annual and final reports. Photographs will be labeled and cross-referenced to the photo log. Video -monitoring may also be used to demonstrate the restoration progress and to make comparisons between before and after conditions. The following transect methodologies will be used for the restoration's two primary types of habitat: Riparian Habitat Permanent vegetation transects will be established perpendicular to the riparian corridor to collect quantitative data on species composition and structure (e.g., cover, height, development of multiple vertical layers) along each transect. Monitoring will measure foliage volume at 1-m height intervals within 2 x 2-m plots, identify species contributing to the foliage volume, quantify recruitment of woody riparian tree and shrub species within 2 x 2-m plots along each transect, and measure heights and girths for the dominant riparian tree and shrub species along each transect. Coastal Sage Scrub Permanent vegetation transects will be established within scrub habitat to collect quantitative data (e.g., species richness, cover) along each transect and in quadrats. Transect monitoring will use a combination of ten 50-m point - intercept transects with 1 m x 1-m quadrats placed on alternate sides of the transect at 5 m intervals. Cover data will be collected at 1 m intervals along the 2C Ranch/Trabuco Creek Restoration Plan 38 San Juan Capistrano, California 0 transect line. Species richness data will be collected within the quadrats and will be correlated with climatic conditions, particularly for annual species (Deutschman and Strahm 2009). When developing or refining methodologies for habitat monitoring, the following elements will be provided: • The type and number of sampling units (e.g., transects, plots, points) • The sampling unit size and shape • The placement of sampling units and whether they will be temporary or permanent • Sample data collection forms 11.5 Native Species Monitoring To assess continuing progress towards the goals of the restoration, the following target species or species groups are recommended for monitoring: • Coastal California gnatcatcher (Polioptila calffibmica) • Riparian birds • Coastal sage scrub birds Targeted species or species groups will be monitored annually to assess their distribution, relative abundance, and/or breeding activity. Surveys will be conducted according to standard survey protocols, where available. Surveys for riparian birds will be conducted along systematic survey routes, monitoring all portions of the riparian habitat. Monitoring will identify species using the habitat and their relative abundance, and quantify the number of nesting pairs of any sensitive riparian bird species (e.g., least Bell's vireo, southwestern willow flycatcher, yellow -breasted chat, Cooper"s hawk) using the habitat for nesting. Surveys shall be conducted at varying times of day between visits. The stream reach shall be monitored three times during January through mid-March, with at least a 7 -day interval between site visits. Surveys shall begin within 1 hour after sunrise and end by noon, and should not be conducted under extreme conditions (i.e., during heavy rain or when the temperature is >95°F or <40°F or with winds >10 mph). Taped vocalizations shall be used, as needed. Territories (singing males) and nest locations shall be mapped, and the nest fate recorded (i.e., determine number of eggs laid, nest parasitism rates, eggs or nests lost to nest predators, and number of chicks fledged). Surveys for upland birds (exclusive of those conducted using protocol surveys) shall be conducted by point counts 4 times per year (according to season), with each site visited 2 times per season. Point count monitoring shall record species and relative abundance within a given area, and counts shall begin at dawn. 2C Ranch/Trabuco Creek Restoration Plan 39 San Juan Capistrano, California 11.6 Invasive Species Monitoring Invasive plant species will be monitored as part of the Maintenance Program and during habitat monitoring. Where invasive plant species are determined to pose a threat to restoration success, remedial actions will be implemented, as discussed and documented in the appropriate reports. Invasive animal species will be monitored throughout the restoration project. Annual surveys will be performed for bullfrogs, cowbirds, and other invasive animal species that have the potential to significantly and negatively affect native wildlife. Surveys shall be conducted by walking through suitable habitat and mapping their distribution and relative abundance. Where invasive animals are determined to pose a threat to native species, recommendations for management will be included in the appropriate reports. 12.0 Contingency Measures If the project underperforms in any area, potential remedial actions may include (but are not limited to): • Replacement plantings • Remedial reseeding • Soil testing • Invasive control • Supplemental irrigation. In the event of a major fire or flood or other disturbance that substantially damages the restoration project, post -disturbance site conditions will be assessed as soon as the area is safe to access (e.g., the threat has passed). This site assessment will be documented in a letter report to OCTA with accompanying photographs. At a minimum, invasive species abatement practices will likely be initiated or increased to encourage natural recovery processes. If evidence of natural recovery, as defined by native species regeneration (e.g., seedlings, stump sprouting), is not observed within three months or one growing season of the disturbance, or if the recovery is deemed inadequate to meet the stated goals and objectives of the project, an analysis will be provided to OCTA detailing the cause of the failure. Following submittal of this analysis, the project sponsor will enter into consultation with the agencies to determine an appropriate course of action, including (but not limited to) remedial actions, adaptive management, and/or modified project goals and objectives. If fire or flood damages the restoration sits, the Project Sponsor will work with OCTA and the Wildlife Agencies to develop an adaptive management strategy 2C Ranch/Trabuco Creek Restoration Plan 40 San Juan Capistrano, California that allows the restoration effort to move forward. This strategy may include (but is not limited to) post -disturbance monitoring, re -planting, and modified success criteria. 13.0 Reporting and Documentation Reporting will be fulfilled pursuant to Section 6 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines. The Project Sponsor will submit reports to OCTA for review and approval according to the schedules below. In addition, the Project Sponsor will be responsible for any other reporting requirements necessitated by federal or state permits or authorizations. 13.1 Maintenance Reports The Project Sponsor, with input from appropriate contractors, will provide maintenance reports during the entire maintenance period. Maintenance reports will be prepared and submitted to OCTA and the Wildlife Agencies following each maintenance visit. Maintenance visits will be conducted a minimum of once monthly during the first year after installation and quarterly thereafter. Maintenance reports will be letter reports (unless specific issues dictate a longer report) and will include: • Person or person(s) conducting the maintenance • Date(s) of maintenance visits • General site conditions • Description of maintenance activities (e.g., irrigation maintenance, weed control, trash removal) and actions taken • Issues or problems requiring follow-up attention • Recommendations • Maintenance activities shall be summarized in the annual status report In addition, maintenance reports shall review the Maintenance Program budget, project schedule, and restoration site viability. Any proposed changes and/or recommendations shall be subject to review and approval by OCTA. 13.2 Annual Status Reports The Project Sponsor will provide OCTA and the Wildlife Agencies with an Annual Status Report (ASR) no later than January 31 of every year after project initiation and continuing until OCTA accepts the Final Report. The ASR shall present an overview of the restoration effort, focusing on year-to-date activities, and shall specifically address maintenance activities, monitoring methodologies and 2C Ranch/Trabuco Creek Restoration Plan 41 San Juan Capistrano, California 0 0 results, success criteria (as measured by plant survival, percent cover, or other parameters), remedial actions (including but not limited to replanting or reseeding), and recommendations for the following year. The ASR shall include the following: • A list of names, titles, and companies of all persons who prepared the content of the annual report and participated in monitoring activities for that year • A description of the existing conditions of the site the results of focused wildlife surveys • An analysis of all qualitative and quantitative vegetation monitoring data • The method used to assess these parameters • The number by species of plants replaced • Copies of all photo documentation • Maps identifying monitoring areas, transects, and planting zones • GPS points of all transect locations and photo documentation points • Discussion and recommendations • Copies of all permits, and any special conditions or letters modifying the original permit conditions • A description of the status of the restoration site and restoration activities, including actual or projected completion dates, if known • A table showing the implementation status of each restoration task • An assessment of the effectiveness (e.g., success criteria) of each completed or partially completed restoration task 13.3 Final Report Upon completion of the maintenance and monitoring programs, a Final Report will be provided to OCTA that summarizes methods, results, remedial actions, and adaptive management from all monitoring years. Appendices shall include all pertinent data and photo documentation. The Final Report shall serve as the complete record of the restoration project. The Final Report shall also include recommendations for long- term management of the restoration site. 13.4 Data Documentation The Project Sponsor will be responsible for maintaining and submitting project documentation to OCTA with all reports. Data to be submitted shall include maps (including GIS -generated maps where possible), quantitative monitoring data (including forms and field notes), photo documentation (photographs and accompanying photo logs) and video documentation (if applicable). Data will be provided in an electronic format, to the degree feasible. The Project Sponsor will maintain a record of maintenance and monitoring 2C Ranch/Trabuco Creek Restoration Plan 42 San Juan Capistrano, California E E activities to assist in evaluating changes in resource status, and responses to remedial or adaptive management actions. Restoration status will be reviewed annually to inform the next year's restoration maintenance and management activities. 2C Ranch/Trabuco Creek Restoration Plan 43 San Juan Capistrano, California 0 14.0 References 9 BonTerra Consulting. 2006a. Biological Constraints Survey for the Hsiao-Williams Project Site in the City of San Juan Capistrano, Orange County, California. BonTerra Consulting. 2006b. Results of Special Status Plant Surveys for the Hsiao- Williams Project Site in the City of San Juan Capistrano, Orange County, California. BonTerra Consulting. 2006c. Results of Habitat Assessment for the Burrowing Owl on the Hsiao- Williams Project Site, City of San Juan Capistrano, Orange County, California. BonTerra Consulting. 2006d. Results of Focused Presence/Absence Surveys for the Southwestern Willow Flycatcher and Least Bell's Vireo on the Hsiao-WilliamsProject Site, City of San Juan Capistrano, Orange County, California. California Department of Fish and Game. 2003. "California Terrestrial Natural Communities Recognized by the CNDDB." California Department of Fish and Game, Wildlife Habitat Data Analysis Branch. Vegetation Classification and Mapping Program. http://www.dfg.ca.gov/whdab/pdfs/natcomlist.pdf. California Department of Fish and Game. 2006. Natural Diversity Data Base. Raref:nd. Version 3.0.5. Computer database. September. California Native Plant Society. 2001. Inventory of Rare and Endangered Plants of California. Sixth edition. California Wildlife Ecology. 2004. Wetlands Determination for the City of San Juan Capistrano, Reservoir Carryon, 760 Zone SC -04 Water Reservoirs. Cathcart Garcia Von Langen Engineers. 1999. San Juan Creek Habitat Mitigation and Monitoring Plan, Corps of Engineers File No. 96 -00017 -LTM. City of San Juan Capistrano. General Plan. 1999 County of Orange and U.S. Fish and Wildlife Service. 2006. Southern Orange County Natural Community Plan/Master Streambed Alteration Agreement/Habitat Conservation Plan (Southern NCCPIMSAA/HCP). Part I: Draft Southern NCCP/MSAA/HCP; Part III: Draft Implementation Agreement, and Part V: Technical Appendices. July. Dendra. 2007. Invasives Species Mapping Report and GIS Database. Dudek. 2008. Monitoring Report (2007) for the Arroyo Trabuco Conservation Area (Lower Rosan Ranch) Off-site Wetland Mitigation Project, San Juan Capistrano, CA. Gray, J. and D. Bramlet. 1992. Habitat Classification System Natural Resources Geographic Information System (GIS) Project. Prepared for the Orange County 2C Ranch/Trabuco Creek Restoration Plan 44 San Juan Capistrano, California 0 Environmental Management Agency. 0 Dudek, 2008. Vegetation Community and Land Cover, Invasive Plant Species and Sensitive Species Mapping with the City of San Juan Capistrano. Hickman, J.C. 1993. The Jepson Manual: Higher Plants of California. Berkeley, California: University of California Press. Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. Sacramento, California: California Department of Fish and Game. 156 pp. Jones & Stokes Associates, Inc. 1993. Methods used to survey the vegetation of Orange County parks and open space areas and The Irvine Company property. February 10. (JSA92-032.) Sacramento, CA. Prepared for County of Orange, Environmental Management Agency, Environmental Planning Division, Santa Ana, CA. Psomas. 2007. Biological Constraints Analysis for the Proposed San Juan Basin Recharge Basins. 2C Ranch/Trabuco Creek Restoration Plan 45 San Juan Capistrano, California a a a a m a a s a N 0 E R va « o N N 4i f9 O O O O O 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 0 0 0 O O ao o S S 00 0 S o S E 7 00 O O O O N (O N O O O Q O c R (O O S O S O O N O O N O OM co N N N Oa oa a a a a a a O m a a a a a a a a a o$o a o oom a a a a In In a M M p_ a Y N N N t!J O S 0 O 0 S a N QR O OO O O O O O O O 0 0 0 0 T� n 0 O 0 N N h S o SSS m N N 0 M W o" a R " lV fA E9 O O O O O OO O O O O O O O 0 0 0 0 O O O O O O O O O 0 0 0 0 O O O O W O O M T� 'i O 0 0 0 O 0 0 0 N f9 N O Yl O M O O f9 m N N O O (9 f9 (9 � M W N CIT M C� di M f9 � � � O O O O O O O m cli 0 0 0 0 0 o O a o 0 0 0 0 0 o 0 0 o Cel m uai_ m o o SS o LL pp N 0 0 00 0 0 0 0 S O 1(l R OO M S N W O O V M h l0 9^ M R N M M O O n h N lc O W y W 8 0 0C O w O p y m C y T Op o m n m o c m n m E E m o y $ �d 00 m c cC i m m i c c c o m@ n (J o 0 o o U p _o o $2a_ o rn G o iacia¢o`a3E .Ern 5a O 0 O S O O O O O O 0 09 0 �.N �R O N � O 7 N O O O O O O O O W O S O a� aR N �R r 2N aR ILL 0 0 0 0 o O 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 M O S yOy a tt99 N� M fA E9 '5°63 E m o L c ¢ o O O o O O O N O ifl C] � N 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 O O G O G 0 0 0 O O N O O N 0 0 0 0 0 o O M o N O m O f0 pO O Opp O O N N O O ifJ O O O O O O 0 00 O (ham O N N O O O O O O O O O O O O O C O N c N O M i0 N N Q o O O S 0 0 0 N o N 6 N m M CI N� cV O O O 0 0 0 O O O N O N O O N NCIT N Q -« S o S S N o N o LQ N 0 M O O 0 00 O O O N O M O f9 N O O O O O O N o N N n r C] � Cl! t9 � S S S o S 0 O ON O i0 C 9 O N O M Iq � Q O O O O 0 0 0 0 0 N O O N N O N O OO O O O O O O O { C'� 0 O O M M O M M ° Lq O t7 N N3 M O Q n Q O C W F c O II O A N L U .R 9 ED 2 c o a o g c a O FL 0 EL w 00 0 €� m� o m `fl O 0 0 0 0 0 00 00 0 0 0 0 0 0 0 0 `m o 0 0 S 0 0 S 0 0 0 o 0 0 0 0 0 0 E S� O O y O O O O S O O O N N W O N i iV yj (9 f9 fA yW W fA (9 t9 M 1� O Z H H W O OO O O r% N O O m tOD m r m n N N N cR M�� O O O O O 00 0 0 O E M 0 0 o n m m � 0 0 0 0 O O O O N � di di M a 'A O O O O O 0 0 0 0 0 r 2pN m N N W O O O O O O O O 7 W pp O O O O O NO O O O O N h O O c O O di N N m NM m N dY H W O o O O o O O O W N N N N 0 0 00 0 Q o om m m R in m s Z o 0 0 0 0 0 0 0 O O O N m N N O O O O CJ WWN O LL N 0 A O O O O O O u O O O O O C p W W UJ N O N S O C R w nM r Lr W W 7 N t9 N pp o 1P c C '1] E m0 g N N c dcc Yqo E mo_. a m a° 3~ IS O c J foL me 72o WSwpp ' OrGO 7 W N p m Q9EE2LL2 S 2 2 a U a a 3 O- A UC ap �3t3 N F N N V 0 y,a O L r 0 Y] O O N M� 0 00500 O O O N N w a $R �0p c L m Ea n s o w l m a m E cc OL 0 A¢ W C a 0 m o m m am No > O O O O O O 0 0 0 0 Y] O O N M� O w 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0. 0 0 0 0 000000��0 0 m 0 00 N CO NW f9 W (9 N .6 O O O O O O N W N N MO 0 9 O 0 O 0 0 om m ^� O O O O O O O O h 0 N O N W O O O O O O O N h W o o M W .n w 0 0 0 0 0 N O O N O A N M N 0 0 0 00 M OW N O O O O O O O O N O u 0 0 0 00 0 o o o 0 0 0 0 o O O O o 0 v 0 0 v N h N N O O OO O O O N O O 0 0 O O C 0 Nn 0 � O W O r O M v mj � � N G m fy 3 7E " a s 0 m � 2a .o A OWE m'-E� --E z 2 a 0 1¢ a` D¢ 3= E y R R ci Y E �R 0 rm O 7 0 Y �Y 0 m c R m y d 0 0 0 0 0 00 0 0000 fR 0 000 S R V m 2 O O O O O O O O 0 0 00 0 0 00 0 H N 9 H H O a n o o A P m '2 m E me co > 0 m O D C m C m t y c m> m . a ma� c 0> 0 0 U d 2ii�5a w` 0 a 0 0 0 0 00 0 0 00 0 o O 0 0 0 0 0 0 0 0 0 0 O G C 0 0 0 0 N 0 0 O O O O O O O m N O 0 m O m O O O O O 3, H H N N m m y d 00 o o 0 0 N 0 0 0 m HM m N Cl N n O O O O O O O O O O O CO m m o o m m 0 0 0 0 m o m o O O O O o 0 O G M h H H O O O O O O O O N 4n M n� NH m 0 0 0 0 0 0 0 0 0 0 0 0 0 u m O o m m W OO O o o a 0 o 0 M nH O N lU H m O O O O O O O O O O O O O O O O m O m O m m m q _O O !9 N N H H W C m H H m H IL O O O O C vi �ri Y M m n NH m t c Y 0 0 0 0 M LL D o m m o U 0 N W Y m m q V H H O C O � Y a c g' E" c a a m o a c m c w o. o m m i¢ f yyo Z 2 N U 6 >> q O A E E O aw 3 E- E y °- R R v v PART I — GENERAL 1.1 1.2 411 AGREEMENT NO. C-1-2508 EXHIBIT B LEVEL 1 SAFETY SPECIFICATIONS GENERAL HEALTH, SAFETY & ENVIRONMENTAL REQUIREMENTS A. The Consultants, its sub -tier Consultants, suppliers, and employees have the obligation to comply with all Authority health, safety and environmental compliance department (HSEC) policies, as well as all federal, state, and local regulations pertaining to scope of work, contracts or agreements with the Authority. Additionally, manufacturer requirements are considered incorporated by reference as applicable to this scope of work. B. Observance of repeated unsafe acts or conditions, serious violation of safety standards, non-conformance of Authority health, safety and environmental compliance department (HSEC) requirements, or disregard for the intent of these safety specifications to protect people and property, by Consultants or its sub -tier contractors may be cause for termination of scope, contracts, or agreements with the Authority, at the sole discretion of the Authority. C. The health, safety, and environmental requirements, and references contained within this scope of work shall not be considered all-inclusive as to the hazards that might be encountered. Safe work practices shall be planned and performed, and safe conditions shall be maintained during the course of this work scope. D. The Authority Project Manager shall be responsible to ensure a safety orientation is conducted for all Consultant personnel, sub -tier Consultants, suppliers, vendors, and new employees assigned to the project prior to commencement of the project. E. The Consultant shall ensure that all Consultant vehicles, including those of its sub -tier Consultants, suppliers, vendors and employees are parked in designated parking areas, and comply with traffic routes, and posted traffic signs in areas other than the employee parking lots. F. California Code of Regulations (CCR) Title 8 Standards are minimum requirements, each Consultant is encouraged to exceed minimum requirements. When the Consultant safety requirements exceed statutory standards, the more stringent requirements shall be achieved for the safeguard of public and workers. HAZARD COMMUNICATION A. Consultant shall comply with CCR Title 8, Section 5194, Hazard Communication Standard. Prior to use on Authority property and/or project work areas Consultant shall provide the Authority Project Manager copies of MSDS for all chemical products used if any. Revised 6128110 PAGE 1 OF 2 E 0 AGREEMENT NO. C-1-2508 EXHIBIT B B. All chemicals including paint, solvents, detergents and similar substances shall comply with South Coast Air Quality Management District (SCAQMD) rules 103, 1113, and 1171. 1.3 ACCIDENT INVESTIGATION A. The Authority shall be promptly notified of any damage to the Authority's property, or incidents involving third party property damage, or reportable and/or recordable injuries (as defined by the U. S. Occupational Safety and Health Administration) to Authority employees and agents; Contractor, vendor employees or visitors and members of the general public that occurs or arises from the performance of Authority contract work. A comprehensive investigation and written report shall be submitted to Authority's Project Manager within 24 hours of the incident. B. A serious injury or incident may require a formal incident review at the discretion of the Authority's Project Manager. The incident review shall be conducted within 7 calendar days of the incident. The serious incident presentation shall include action taken for the welfare of the injured, a status report of the injured, causation factors leading to the incident, a root cause analysis, and a detailed recovery plan that identifies corrective actions to prevent a similar incident, and actions to enhance safety awareness. 1.4 PERSONAL PROTECTIVE EQUIPMENT A. The Consultant, its sub -tier Consultants, suppliers, and employees are required to comply with the Authority's personal protective equipment (PPE) policy while performing work at any Authority facility, i.e. eye protection policy, hearing protection policy, head protection, safety vests, work shoe policy. B. The Consultant, its sub -tier Consultants, suppliers, and employees are required to provide their own PPE, including eye, head, foot, and hand protection, safety vests, or other PPE required to perform their work safely on Authority projects. The Authority requires eye protection on construction projects and work areas that meet ANSI Z-87.1 Standards. END OF SECTION Revised 6128/70 PAGE 2 OF 2 m OCTA BOARD Or DIRECTORS Patina Bat's Chair Paul Glaab Vrce Chair Jerry rlmante Darenrnr Doo Bankhead D'rector Peter Butta Drector Rdl Campbell Director Carolyn Cavecche D,r,ctor Larry C,dndall Dm( ct f WIIrAIn J Dairo, Director Don Hansen Ddector Perm Herzog Director Jahn Moorlech Orrotor Shawn Nelsop Miguel Puhdo Director Tom Tart Drecror Greg Wmterbotom Dire^tor Cindy Guon Governors Er Off,,, Member CHIEF EXECUTIVE OFFICE Will Kempton Cheer Executive Officer April 7, 2011 Attn: City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SUBJECT: OCTA'S AGREEMENT NO. C-1-2508 Attn: City Clerk c Enclosed please find one original of the above referenced subject for your records. Should you have any contractual related questions, please feel free to contact Sarah Strader at (714) 560-5633 or by e-mail at sstrader@octa.net. Sincerely, 'J he Smith ,Office Specialist Contract Administration and Materials Management Enclosure(s) Orange County Transportation Authority 550 South Main Street/ P.O. Box 14184 / Orange /California 92863-15841(714)560-OCTA(C282) 2/1/2011 MEMORANDUM D1 2 TO: Joe Tait, City Manager(y FROM: Grant Taylor, Development Services Director SUBJECT: Continued Consideration of a Contract with Orange County Transportation Authority (OCTA) for $1,500,000 in M2 Environmental Mitigation Restoration Funds for Implementing the City's 2C Ranch/Trabuco Creek Habitat Restoration Plan. By motion, authorize the City Manager to execute an agreement with the Orange County Transportation Authority (OCTA) for $1,500,000 in M2 Environmental Mitigation Program (EMP) Funds for Implementing the City's 2C Ranch/Trabuco Creek Habitat Restoration Plan. SITUATION At their September 27, 2010 Board of Directors meeting, the Orange County Transportation Authority (OCTA) awarded the City a $1,500,000 Measure M2 Habitat Restoration Grant which would allow the City to fund implementation of the City's 2C Ranch/Trabuco Creek Habitat Restoration Plan. The City's former Open Space Committee and City Council directed staff to pursue application to Measure M for both open space land acquisition grants and habitat restoration grants as part of a broader strategy to enhance and expand the City's Northwest Open Space land holdings. The 2C Ranch/Trabuco Creek Habitat Restoration Plan encompasses roughly 53 acres of land on the 2C Ranch and along portions of Trabuco Creek (please see page 7 of the attached restoration plan which identifies the limits of the restoration project by "cross- hatching"). Staff recommends that the City Council authorize the City Manager to execute an agreement with the Orange County Transportation Authority (OCTA) for $1,500,000 in M2 Environmental Mitigation Restoration Funds for implementing the City's 20 Ranch/Trabuco Creek Habitat Restoration Plan (see Attachment 1, Draft Orange County Transportation Authority & City of San Juan Capistrano Grant Agreement). BACKGROUND This item was introduced at the January 18 City Council meeting and continued to this evenings meeting to allow contract provisions to be resolved. Agenda Report • • Page 2 February 1 2011 In 2006, Orange County voters approved "M2", the renewal of the 1990 Measure M freeway and arterial street improvement funding program financed through a half -cent sales tax increment. Measure M2 is projected to raise $11.8 billion over the next 30 years. In 2008, the Orange County Transportation Authority (OCTA) Board allocated $243.5 million, or approximately 2% of the total anticipated "M2" funds, to mitigate the environmental impacts of freeway improvements through the Mitigation and Resource Protection Program (MRPP). These funds are to be allocated through a competitive review process which will provide comprehensive, rather than piecemeal, mitigation for OCTA's transportation improvement impacts. The program is administered by OCTA's Environmental Oversight Committee (EOC) which makes recommendations to the OCTA Board of Directors on the implementation of the program (see Attachment 2, Overview of OCTA's Mitigation and Resource Protection Program). Derek Ostensen, of Derek Ostensen & Associates, the City's open space & conservation consultant, has been instrumental in securing OCTA's commitment for this significant habitat restoration funding. As a requirement of the restoration funding award, Mr. Ostensen has prepared the 2C Ranch/Trabuco Creek Habitat Restoration Plan which establishes a five year implementation plan for the restoration improvements (see Attachment 1, Exhibit A, 2C Ranch/Trabuco Creek Habitat Restoration Plan). The 2C Ranch/Trabuco Creek Habitat Restoration Plan was designed in close collaboration with OCTA and its wildlife agency partners, who oversee all Measure M -funded acquisitions and restorations. Award of the OCTA funds and implementation of the 2C Ranch/Trabuco Creek Habitat Restoration Plan will provide substantial open space benefits, including improvement of public trails, enhancement of open space viewsheds, removal of significant litter and debris from public wilderness areas, increased wildlife and biodiversity and improvement of water quality and sensitive natural resources. In addition to these benefits, It is also important to note that the 2C Ranch/Trabuco Creek Habitat Restoration Project will enhance the City's ability to obtain acquisition grants to purchase additional open space properties in the Northwest Open Space. Restoration projects increase the habitat value of the Northwest Open Space, thereby strengthening the City's competitive ability to receive resource and habitat -oriented acquisition grants, such as Section 6 funding from US Fish and Wildlife or Measure M acquisition funding. Derek Ostensen & Associates, under contract to the City, has also managed the City's application to OCTA for Measure M2 funding of several potential property acquisitions. On a related Open Space topic (but not part of tonight's action on this agenda item), in January 2010, OCTA's Environmental Oversight Committee (EOC) issued property acquisition recommendations including consideration of funding for acquisition of the 68 -acre Saddleback Valley Christian School property (#68) situated on the west side of Trabuco Creek. Out of more than 100 candidate properties considered for Measure M acquisition funding, the Saddleback property was scored into the highest category, Group 1, which features only 19 other candidates. Although the M2 program does not Agenda Report • Page 3 February 1, 2011 require a match, funding agencies and our consultant advised us that the provision of a match would substantially increase the likelihood of the City securing an award of acquisition funding. At the July 7 2009 meeting, City Council approved a motion authorizing a 25% match up to a maximum of $2 million for habitat restoration in the Northwest Open Space area. The intent of that action was to leverage the City's Measure M2 acquisition grant for that portion of the Saddleback Valley Christian School property situated on the west side of Trabuco Creek. However, as discussed in the following section, the City has been able to provide a partial match with the $150,000 Caltrans habitat mitigation agreement and the $100,000 State Habitat Conservation Fund Program (HCF) grant awarded to the City last year. FINANCIAL CONSIDERATIONS OCTA's $1,500,000 habitat restoration and enhancement award does not require a commitment of City matching funds. However, the City has supplemented the scope of the restoration plan to include funding from the following three sources: A $150,000 contract with Caltrans approved by City Council in July 2010 to fund habitat restoration improvements along Trabuco Creek. A $100,000 Year 2009 Habitat Conservation Fund Program grant. • A potential $100,000 Orange County Conservation Corps CALGRIP (California Gang Reduction, Intervention & Prevention) Grant for trail improvement and habitat restoration labor (Note: the OCCC work proposal that would be funded in -part by this grant will be reviewed and considered for potential approval by the City Council in February.) Between the $1.5 million OCTA restoration award, the $150,000 Caltrans funds, the $100,000 State Habitat Conservation Fund Program grant, and the $100,000 Conservation Corps grant, the implementation of the restoration project will be fully grant funded and will not require any direct, out-of-pocket restoration costs by the City. Development Services Department and Administrative Services Department staff have conducted several budget coordination meetings to assure that all restoration project costs are grant -funded and result in no direct, out-of-pocket costs to the City. PUBLIC NOTIFICATION Public notification is provided through posting of the meeting agenda. Agenda Report • • Page 4 February 1 2011 RECOMMENDATION By motion, authorize the City Manager to execute an agreement with the Orange County Transportation Authority (OCTA) for $1,500,000 in M2 Environmental Mitigation Program (EMP) Funds for Implementing the City's 2C RanchlTrabuco Creek Habitat Restoration Plan. Respectfully submitted, Prepared by: J�� Grant Taylor William A. Ramsey, AICP Development Services Director Principal Planner Attachment: 1, Draft Orange County Transportation Authority & City of San Juan Capistrano Grant Agreement. 2, Overview of OCTAs Mitigation and Resource Protection Program. 1 2 3 4 5 6 7 8 9 18 11 12 13 14 15 16 17 18 19 28 21 22 23 24 2.5 26 AGREEMENT NO. CA -2387 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SAN JUAN CAPISTRANO THIS AGREEMENT is effective as of this day of 2011, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, CA 92863-1584, a public corporation of the state of California (hereinafter referred to as "AUTHORITY"), and City of San Juan Capistrano, [32400 Paseo Adelanto, San Juan Capistrano, CA 92675] (hereinafter referred to as "CITY"). WHEREAS, Voters approved the Measure M (M2) on November 7, 2006 whereby Ordinance No. 3 outlines the M2 Transportation Ordinance and Investment Plan to fund transportation facility and service improvement programs for a period of thirty years commencing on April 1, 2011. M2 provides for the allocation of at least 5 percent of net freeway program revenues (or approximately $243.5 million in 2005 dollars) for mitigation of freeway projects. The intent of the program is to provide for comprehensive, rather than piecemeal, mitigation of the impacts of freeway projects and to do so in a way that results in high-value environmental benefits in exchange for streamlined project approvals and greater certainty in the delivery of the freeway program as a whole. The M2 Environmental Mitigation Program (EMP) will provide approximately $27.5 million for acquisition and restoration projects for the first tranche of funding, available beginning in Fiscal Year 2009110. With a current allocation goal of 80 percent of funds for acquisition and 20 percent for restoration over the life of the freeway mitigation program, the first tranche of funding will yield approximately $5.5 million towards restoration projects; and LCemm\CLERICAL\WOROPROCWGREE%,013W Page 1 of 18 ATTACHMENT 1 1 2 3 a 5 6 s 9 10 11 12 13 14 15 16 17 1R 19 20 21 22 23 24 25 26 AGREEMENT NO. C-1-2387 WHEREAS, AUTHORITY will fund the Board of Directors (Board) approved restoration projects to support permitting of freeway projects by the United States Fish and Wildlife Service and the California Department of Fish and Game (Wildlife Agencies) for habitat and species impacts pursuant to a Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) currently under development; and WHEREAS, The restoration activities on the City Parcel Restoration property (hereinafter referred to as "PROJECT") of the CITY shall be implemented, maintained and monitored in accordance with the Board approved EMP Restoration Funding Guidelines, reviewed and approved by AUTHORITY and the Wildlife Agencies and in accordance with the HCP/NCCP once it is completed and approved; and WHEREAS, CITY is the PROJECT sponsor responsible for implementing, maintaining and monitoring restoration activities pursuant to the approved 2C Ranch Habitat Restoration Plan; and WHEREAS, CITY desires to perform these services with the financial support of Orange County Transportation Authority (AUTHORITY) M2 EMP Restoration Funds; and WHEREAS, CITY shall obtain an appropriate conservation easement or deed restrictions governing the perpetual use of the restoration area (in consultation with AUTHORITY and Wildlife Agencies) within one year of PROJECT commencement. The conservation easement or deed restrictions will be approved by AUTHORITY and Wildlife Agencies prior to their recording. WHEREAS, said restoration activities cannot be performed by the regular employees of AUTHORITY; and WHEREAS, AUTHORITY has determined that CITY's Restoration Plan (Exhibit A) has met the requirements of and is eligible for funding under the EMP Restoration Funding Guidelines; and WHEREAS, AUTHORITY will pay CITY 5% ($75,000) of the total maximum obligation for restoration activities completed after the restoration funding allocation Board approval on September 27, 2010 but prior to execution of this Agreement; and WHEREAS, AUTHORITY and CITY agree that EMP funding is subject to CITY fulfilling EMP LCamm\CLERICAUWORDPROCCv GREEe901300 Page 2 of 18 1 2 3 a 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 r 9 AGREEMENT NO. C-1-2387 Restoration Funding Guidelines requirements; and WHEREAS, AUTHORITY can update the EMP Restoration Funding Guidelines at least biennially whereby the most recent update is incorporated herein by reference; and WHEREAS, this Agreement defines the specific terms and conditions and funding responsibilities between AUTHORITY and CITY for the EMP. follows: NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as ARTICLE 1. A. This Agreement, including all exhibits and documents incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the terms and conditions of the agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other terms or conditions. B. AUTHORITY's failure to insist in any one or more instances upon the performance of any terms or conditions of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance by CITY or to future performance of such terms or conditions and CITY obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written Amendment to this Agreement and issued in accordance with the provisions of this Agreement. ARTICLE 2. RESPONSIBILITIES OF AUTHORITY AUTHORITY agrees to the following responsibilities for funding of PROJECT: A. AUTHORITY shall allocate M2 EMP funds as specified in Ordinance No. 3 and pay CITY in accordance to the funding allocation as outlined in Article 7 of this agreement and consistent with funding requirements of the Restoration Plan. LCamm\CLERICAL\WOROPROCAGREE\ g013W Page 3 of 18 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 AGREEMENT NO. C-1-2387 AUTHORITY shall provide guidance and oversight of the M2 EMP funds in compliance with M2 EMP Restoration Funding Guidelines and other funding source(s) requirements. B. AUTHORITY shall pay CITY 5% ($75,000) of the total maximum obligation for restoration activities completed after the restoration funding allocation Board approval on September 27, 2010 but prior to execution of this Agreement, upon execution of this Agreement and receipt of documentation of completion of such activities from CITY. C. AUTHORITY shall remit to CITY within thirty (30) days of receipt of an acceptable initial payment EMP invoice and within sixty (60) days of an acceptable final payment invoice, payment for restoration work up to the $ 1,500,000 (one million five hundred thousand dollars) amount as per the September 27, 2010 Board approved funding allocation for the PROJECT. D. AUTHORITY, or agents of AUTHORITY, may upon close-out of PROJECT under this Agreement, perform an audit and or technical review to ensure that EMP Restoration Funding Guidelines policies and procedures were followed. Such audit shall be performed within one hundred eighty (180) days of AUTHORITY receiving the final report for PROJECT. If the audit or technical review determines that any of the activities performed are ineligible for EMP funding, CITY shall return M2 EMP funding for those activities deemed ineligible, while retaining M2 EMP funding for all activities deemed eligible. ARTICLE 3. RESPONSIBILITIES OF CITY CITY agrees to the following responsibilities for PROJECT: A. CITY or CITY's designee will act as the lead agency for all phases of PROJECT approved for M2 EMP funding. B. CITY agrees that M2 EMP funding is subject to CITY meeting all of the requirements outlined in the M2 EMP Restoration Funding Guidelines. C. CITY agrees to submit reporting and documentation in accordance to the requirements outlined in the M2 EMP Restoration Funding Guidelines. D. CITY agrees to provide AUTHORITY written documentation of restoration activities L Camm\CLERICAUWORDPROCWGREE1 g01300 Page 4 of 18 2 3 4 5 6 8 9 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 2,5 26 0 0 AGREEMENT NO. C-1-2387 completed after the restoration funding allocation Board approval on September 27, 2010 but prior to execution of this Agreement in order for AUTHORITY to pay CITY 5% ($75,000) of the total maximum obligation for such activities. E. CITY agrees to implement and complete PROJECT funded under this Agreement in accordance with the M2 EMP and application submitted to AUTHORITY. F. CITY agrees to obligate funds in the programmed year in accordance with the EMP Restoration Funding Guidelines except where time delays may result due to the inability of the Wildlife Agencies to timely issue the necessary permits to proceed with implementation of the Restoration Plan . G. CITY agrees that AUTHORITY reserves the right to amend this agreement to be consistent with the approved HCP/NCCP; provided that any amendments that affect CITY's obligations under this agreement must be mutually agreed upon in writing by CITY and AUTHORITY. H. CITY shall return all funds within thirty (30) days of AUTHORITY's written order if CITY uses funds for any purpose other than restoration activities that would enable AUTHORITY to obtain the proper assurances from the Wildlife Agencies and CITY shall be deemed ineligible to receive EMP funds for a period of five (5) years. I. CITY shall produce sign(s) acknowledging receipt of M2 EMP funds and post them at project site. AUTHORITY staff shall approve the location and design of the signs prior to installation. The cost of such signs is an eligible activity for CITY reimbursement by the M2 EMP funds designated for the PROJECT. J. CITY shall obtain an appropriate conservation easement or deed restrictions governing the perpetual use of the restoration area within one year of PROJECT commencement. The conservation easement or deed restrictions will be approved by AUTHORITY and Wildlife Agencies prior to their recording. ARTICLE 4. AUTHORITY DESIGNEE The Chief Executive Officer of AUTHORITY, or designee, shall have the authority to act for and exercise any of the rights of AUTHORITY as set forth in this Agreement. LCamm\CLERICALIWORDPROC�GREEW13W Page 5 of 18 AGREEMENT NO. C-1-2387 I ARTICLES. RESTORATION PLAN 2 A. CITY shall perform the work necessary to complete in a manner satisfactory to AUTHORITY 3 the services set forth in the CITY -prepared `Restoration Plan," which is attached to and, by this a reference, incorporated in and made a part of this Agreement as Exhibit A. CITY shall provide the s personnel listed below to perform the above-specified services, which persons are hereby designated 6 as key personnel under this Agreement. 7 Names Functions 8 Steve Apple Supervisor, City of San Juan Capistrano 9 William Ramsey Supervisor, City of San Juan Capistrano 10 Grant Taylor Supervisor, City of San Juan Capistrano it Derek Ostensen Technical Task and Project Manager u 13 B. No person named in paragraph A of this Article, or his/her successor approved by is AUTHORITY, shall be removed or replaced by CITY, nor shall his/her agreed-upon function or level of 15 commitment hereunder be changed, without the prior written consent of AUTHORITY. Should the 16 services of any key person become no longer available to CITY, the resume and qualifications of the 17 proposed replacement shall be submitted to AUTHORITY for approval as soon as possible, but in no 18 event later than seven (7) calendar days prior to the departure of the incumbent key person, unless 19 CITY is not provided with such notice by the departing employee. AUTHORITY shall respond to CITY 20 within seven (7) calendar days following receipt of these qualifications concerning acceptance of the 21 candidate for replacement. 22 ARTICLE 6. TERM OF AGREEMENT 23 This Agreement shall commence upon the effective date of this Agreement, and shall continue 24 in full force and effect through the mitigation reporting and documenting period as set forth in the EMP 25 Restoration Funding Guidelines unless earlier terminated as provided hereunder. 26 ARTICLE 7. PAYMENT LCamm\CLERICAL\WORDPROCWGREE\ag013W Page 6 of 18 AGREEMENT NO. C-1-2387 A. For CITY's full and complete performance of its obligations under this Agreement and subject to the maximum cumulative payment obligation provision set forth in Article BAFtisle 8, AUTHORITY shall pay CITY on a firm fixed price basis in the amount of $1,500,000 in accordance with the following provisions. B. The following schedule shall establish the firm fixed payment to CITY by AUTHORITY for each work task set forth in the Restoration Plan. Tasks Firm Fixed Price Year 1 $ 500,000.00 Task 1: Removal of non-native, invasive species throughout PROJECT. Task 2: Staged revegetation of native habitat throughout PROJECT. Task 3: Ongoing project management, biological monitoring and maintenance. Year 2 $ 500,000.00 Task 1: Removal of non-native, invasive species throughout PROJECT. Task 2: Staged revegetation of native habitat throughout PROJECT. Task 3: Ongoing project management, biological monitoring and maintenance. Year 3 $ 500,000.00 Task 1: Removal of non-native, invasive species throughout PROJECT. Task 2: Staged revegetation of native habitat throughout PROJECT. Task 3: Ongoing project management, biological monitoring and maintenance. Year 4 $ 0.00 Task 1: Removal of non-native, invasive species throughout PROJECT. Task 2: Staged revegetation of native habitat throughout PROJECT. Task 3: Ongoing project management, biological monitoring and maintenance. L Camm\CLERICAL\WOROPROCCWGREE�,01300 Page 7 of 18 1 2 3 4 5 6 s 9 10 11 12 13 14 1.5 16 17 1s 19 20 21 22 23 24 25 26 AGREEMENT NO. C-1-2387 Tasks Firm Fixed Price Year 5 $ 0.00 Task 1: Removal of non-native, invasive species throughout PROJECT. Task 2: Staged revegetation of native habitat throughout PROJECT. Task 3: Ongoing project management, biological monitoring and maintenance. Task 4: Final Report to AUTHORITY and Wildlife Agencies TOTAL $1,500,000 C. ENTITY shall invoice AUTHORITY for work completed less the 5% initial funds provided by AUTHORITY. D. CITY shall invoice AUTHORITY at a minimum of at least once per quarter for payments corresponding to the work actually completed by CITY. Percentage of work completed shall be documented in a progress report prepared by CITY, which shall accompany each invoice submitted by CITY. CITY shall also furnish such other information as may be requested by AUTHORITY to substantiate the validity of an invoice. At its sole discretion, AUTHORITY may decline to make full payment for any task listed in paragraph B of this Article until such time as CITY has documented to AUTHORITY's satisfaction that CITY has fully completed all work required under the task. AUTHORITY's payment in full for any task completed shall not constitute AUTHORITY's final acceptance of CITY's work under such task. E. Each invoice shall be accompanied by a progress report specified in paragraph D of this Article. AUTHORITY shall remit payment within thirty (30) calendar days of the receipt and approval of each invoice. Each invoice shall include the following information: LCamm\CLERICAL\WORDPROC\AGREE%e 01300 Page 8 of 18 1 2 3 4 s b 7 s 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 0 9 AGREEMENT NO. C-1-2387 1. Agreement No. C-1-2387; 2. The time period covered by the invoice; 3. Total invoice (including project -to -date cumulative invoice amount); and retention; 4. Progress Report; 5. Certificate signed by the CITY or his/her designated alternate that a) The invoice is a true, complete and correct statement of reimbursable costs and progress; b) The backup information included with the invoice is true, complete and correct in all material respects; c) All payments due and owing to subcontractors and suppliers have been made; d) Timely payments will be made to subcontractors and suppliers from the proceeds of the payments covered by the certification and; e) The invoice does not include any amount which CITY intends to withhold or retain from a subcontractor or supplier unless so identified on the invoice; 6. Any other information as agreed or otherwise requested by AUTHORITY to substantiate the validity of an invoice. ARTICLE 8. MAXIMUM OBLIGATION Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY mutually agree that AUTHORITY's maximum cumulative payment obligation (including obligation for CITY's profit) shall be One Million Five Hundred Thousand ($1,500,000.00) which shall include all amounts payable to CITY for its subcontracts, leases, materials and costs arising from, or due to termination of, this Agreement. ARTICLE 9. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, returned receipt requested, postage prepaid and addressed as follows: To CITY: City of San Juan Capistrano L Camm\CLERICAL\WOROPROCWGREE�gCl3W To AUTHORITY: Orange County Transportation Authority Page 9 of 18 0 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ATTENTION: Omar Sandoval City Attorney Phone: (949) 443-6312 Email: osandovalDsanivancaoistrano.ora CC: Derek Ostensen Project Manager Phone: (949) 683-4683 Email: dostensen@hotmail.com 0 AGREEMENT NO. C-1-2387 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 ATTENTION: Sarah Strader Senior Contract Administrator Phone: (714) 560 — 5633 Fax: (714) 506 — 5792 Email: sstradeC@octa.net INDEPENDENT CONTRACTOR CITY's relationship to AUTHORITY in the performance of this Agreement is that of an independent CONTRACTOR. CITY's personnel performing services under this Agreement shall at all times be under CITY's exclusive direction and control and shall be employees of CITY and not employees of AUTHORITY. CITY shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. ARTICLE 10. INSURANCE A. CITY shall procure and maintain insurance coverage during the entire term of this Agreement. The following coverage shall be full coverage and not subject to self-insurance provision. LCamm\CLERICALIWOROPROC; +GREET gO13W Page 10 of 18 1 2 3 4 ,5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2.5 26 0 CITY shall provide the following insurance coverage: 0 AGREEMENT NO. C-1-2387 1. Commercial General Liability, to include Products/Completed Operations, Independent CITYs', Contractual Liability, and Personal Injury with a minimum limit of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate. 2. Workers' Compensation with limits as required by the State of California including a waiver of subrogation in favor of AUTHORITY, its officers, directors, employees and agents; 3. Employers' Liability with minimum limits of $1,000,000.00; and B. Proof of such coverage, in the form of an insurance company issued policy endorsement and a broker -issued insurance certificate, must be received by AUTHORITY prior to commencement of any work. Proof of insurance coverage must be received by AUTHORITY within ten (10) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors, employees and agents designated as additional insured on the general and automobile liability. Such insurance shall be primary and non -contributive to any insurance or self-insurance maintained by AUTHORITY. Furthermore, AUTHORITY reserves the right to request certified copies of all related insurance policies. C. CITY shall include on the face of the certificate of Insurance the Agreement Number C-1- 23872387; and, the Contract Administrator's Name, Sarah Strader, Senior Contract Administrator. D. CITY shall also include in each subcontract agreement the stipulation that subcontractors shall maintain insurance coverage in the amounts required from CITY as provided in this Agreement. ARTICLE 11. ORDER OF PRECEDENCE Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence: (1) the provisions of this Agreement, including all exhibits; (2) the provisions of EMP Restoration Funding Guidelines; (3) CITY's Restoration Plan dated November 15, 2010, and (4) all other documents, if any, cited herein or incorporated by reference. ARTICLE 12. CHANGES By written notice or order, AUTHORITY may, from time to time, order work suspension and/or make changes in the general scope of this Agreement, including, but not limited to, the services LCamm\CLERICAL\WORDPROCWGREEWg013W Page 11 of 18 2 3 a s 6 s 9 10 u 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 AGREEMENT NO. C-1-2387 furnished to AUTHORITY by CITY as described in the Restoration Plan. If any such work suspension or change causes an increase or decrease in the price of this Agreement or in the time required for its performance, CITY shall promptly notify AUTHORITY thereof and assert its claim for adjustment within ten (10) days after the change or work suspension is ordered, and an equitable adjustment shall be negotiated. However, nothing in this clause shall excuse CITY from proceeding immediately with the Agreement as changed. ARTICLE 13. DISPUTES A. Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by supplemental agreement shall be decided by AUTHORITY's Director, Contracts Administration and Materials Management (CAMM), who shall reduce the decision to writing and mail or otherwise furnish a copy thereof to CITY. The decision of the Director, CAMM, shall be final and conclusive. B. The provisions of this Article shall not be pleaded in any suit involving a question of fact arising under this Agreement as limiting judicial review of any such decision to cases where fraud by such official or his representative or board is alleged, provided, however, that any such decision shall be final and conclusive unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence. In connection with any appeal proceeding under this Article, CITY shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. C. Pending final decision of a dispute hereunder, CITY shall proceed diligently with the performance of this Agreement and in accordance with the decision of AUTHORITY's Director, CAMM. This "Disputes" clause does not preclude consideration of questions of law in connection with decisions provided for above. Nothing in this Agreement, however, shall be construed as making final the decision of any AUTHORITY official or representative on a question of law, which questions shall be settled in accordance with the laws of the state of California. L'.Camm\CLERICAL\WORDPROCWGREE\ag013W Page 12 of 18 AGREEMENT NO. C-1-2387 I ARTICLE 14. TERMINATION 2 A. AUTHORITY may terminate this Agreement for its convenience any time, in whole or part, 3 by giving CITY written notice thereof. Upon said notice, AUTHORITY shall pay CITY its allowable costs 4 incurred to date of termination and those allowable costs determined by AUTHORITY to be reasonably s necessary to effect such termination. Thereafter, CITY shall have no further claims against 6 AUTHORITY under this Agreement. 7 B. AUTHORITY may terminate this Agreement for CITY's default if a federal or state 8 proceeding for the relief of debtors is undertaken by or against CITY, or if CITY makes an assignment 9 for the benefit of creditors, or for cause if CITY fails to perform in accordance with the Restoration Plan 10 or breaches any terms or violates any provisions of this Agreement and does not cure such breach or Ii violation within ten (10) calendar days after written notice thereof by AUTHORITY. 12 ARTICLE 15. INDEMNIFICATION 13 CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees 14 and agents from and against any and all claims (including attorneys' fees and reasonable expenses for 15 litigation or settlement) for any loss or damages, bodily injuries, including death, damage to or loss of 16 use of property caused by the negligent acts, omissions or willful misconduct by CITY, its officers, 17 directors, employees, agents, subcontractors or suppliers in connection with or arising out of the 18 performance of this Agreement. 19 ARTICLE 16. AUDIT AND INSPECTION OF RECORDS 20 CITY shall provide AUTHORITY, or other agents of AUTHORITY, such access to CITY's 21 accounting books, records, work data, documents and facilities, as AUTHORITY deems necessary. 22 CITY shall maintain such books, records, data and documents in accordance with generally accepted 23 accounting principles and shall clearly identify and make such items readily accessible to such parties 24 during CITY's performance hereunder and for a period of four (4) years from the date of final payment 25 by AUTHORITY. 26 ARTICLE 17. CONFLICT OF INTEREST LCamm\CLERICAL\WORDPROCWGREE\ag01300 Page 13 of 18 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 n ]8 19 20 21 22 23 24 2.5 26 9 0 AGREEMENT NO. C-1-2387 CITY agrees to avoid organizational conflicts of interest. An organizational conflict of interest means that due to other activities, relationships or contracts, the CITY is unable or potentially unable to render impartial assistance or advice to the AUTHORITY; CITY's objectivity in performing the work identified in the Restoration Plan or might be otherwise impaired, or the CITY has an unfair competitive advantage. CITY is obligated to fully disclose to the AUTHORITY in writing Conflict of Interest issues as soon as they are known to the CITY. All disclosures must be submitted in writing to AUTHORITY pursuant to the Notice provision herein. This disclosure requirement is for the entire term of this Agreement. ARTICLE 18. CODE OF CONDUCT CITY agrees to comply with the AUTHORITY's Code of Conduct as it relates to Third -Party contracts which is hereby referenced and by this reference is incorporated herein. CITY agrees to include these requirements in all of its subcontracts. ARTICLE 19. FEDERAL, STATE AND LOCAL LAWS CITY warrants that in the performance of this Agreement, it shall comply with all applicable federal, state and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated thereunder. ARTICLE 20. EQUAL EMPLOYMENT OPPORTUNITY In connection with its performance under this Agreement, CITY shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age or national origin. CITY shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. LCamm\CLERICAL\WORDPROCVGREE*01300 Page 14 of 18 AGREEMENT NO. C-1-2387 I ARTICLE 21. PROHIBITED INTERESTS 2 CITY covenants that, for the term of this Agreement, no director, member, officer or employee of 3 AUTHORITY during his/her tenure in office/employment or for one (1) year thereafter shall have any a interest, direct or indirect, in this Agreement or the proceeds thereof. 5 ARTICLE 22. OWNERSHIP OF REPORTS AND DOCUMENTS 6 A. The originals of all letters, documents, reports and other products and data produced under 7 this Agreement shall be delivered to, and become the property of AUTHORITY. Copies may be made s for CITY's records but shall not be furnished to others without written authorization from AUTHORITY. 9 Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be 10 retained by AUTHORITY. AUTHORITY hereby grants exclusive use of deliverables by CITY for the Ii purpose of publication in peer-reviewed scientific journals and other research publications. CITY shall 12 acknowledge AUTHORITY in all such publications. 13 B. All ideas, memoranda, specifications, plans, manufacturing, procedures, drawings, is descriptions, and all other written information submitted to CITY in connection with the performance of 15 this Agreement shall not, without prior written approval of AUTHORITY, be used for any purposes other 16 than the performance for this project or publication in scientific and research journals or reports with 17 appropriate acknowledgement in accordance with paragraph A above, nor be disclosed to an entity not is connected with the performance of the project. CITY shall comply with AUTHORITY's policies regarding 19 such material. Nothing furnished to CITY, which is otherwise known to CITY or becomes generally 20 known to the related industry shall be deemed confidential. CITY shall not use AUTHORITY's name, 21 photographs of the project, or any other publicity pertaining to the project in any magazine, trade paper, 22 newspaper, seminar or other medium without the express written consent of AUTHORITY , with the 23 exception of scientific and research reports and journals in accordance with paragraph A above. 24 C. No copies, sketches, computer graphics or graphs, including graphic art work, are to be 25 released by CITY to any other person or agency except after prior written approval by AUTHORITY, 26 except as necessary for the performance of services under this Agreement. All press releases, LComm\CLERICAL\WORDPROCI GREE\,01300 Page 15 of 18 AGREEMENT NO. C-1-2387 I including graphic display information to be published in newspapers, magazines, etc., are to be handled 2 only by AUTHORITY unless otherwise agreed to by CITY and AUTHORITY. CITY may discuss and/or 3 display images of, and general (non-technical and non -confidential) information about the PROJECT on a its websites after consultation with and approval by AUTHORITY, which shall not be unreasonably s withheld. 6 ARTICLE 23. PATENT AND COPYRIGHT INFRINGEMENT 7 A. In lieu of any other warranty by AUTHORITY or CITY against patent or copyright 8 infringement, statutory or otherwise, it is agreed that CITY shall defend at its expense any claim or suit 9 against AUTHORITY on account of any allegation that any item furnished under this Agreement or the 10 normal use or sale thereof arising out of the performance of this Agreement, infringes upon any ri presently existing U. S. letters patent or copyright and CITY shall pay all costs and damages finally u awarded in any such suit or claim, provided that CITY is promptly notified in writing of the suit or claim 13 and given authority, information and assistance at CITY's expense for the defense of same. However, ra CITY will not indemnify AUTHORITY if the suit or claim results from: (1) AUTHORITY's alteration of a rs deliverable, such that said deliverable in its altered form infringes upon any presently existing U.S. 16 letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided n by CITY when such use in combination infringes upon an existing U.S. letters patent or copyright. 18 B. CITY shall have sole control of the defense of any such claim or suit and all negotiations for 19 settlement thereof. CITY shall not be obligated to indemnify AUTHORITY under any settlement made 20 without CITY's consent or in the event AUTHORITY fails to cooperate fully in the defense of any suit or 21 claim, provided, however, that said defense shall be at CITY's expense. If the use or sale of said item 22 is enjoined as a result of such suit or claim, CITY, at no expense to AUTHORITY, shall obtain for 23 AUTHORITY the right to use and sell said item, or shall substitute an equivalent item acceptable to 24 AUTHORITY and extend this patent and copyright indemnity thereto. 25 ARTICLE 24. RESTORATION ACTIVITIES WITHIN FUNDING LIMITATIONS 26 A. In order to ensure the accuracy of the PROJECT for the benefit of the EMP and LG.mm\CLERICAL\WORDPROMGREEegOl 3W Page 15 of 18 AGREEMENT NO. C-1-2387 I AUTHORITY's budget process, CITY shall accomplish the PROJECT activities required under this 2 Agreement so as to perform the restoration work at a price that does not exceed the estimated cost as 3 set forth by CITY. 4 B. CITY will promptly advise AUTHORITY if it finds that the PROJECT will exceed or is likely to s exceed the funding limitations and it is unable to perform restoration work within these limitations. Upon 6 receipt of such information, AUTHORITY will review CITY's revised estimate of restoration work. 7 AUTHORITY may authorize changes in PROJECT activities upon CITY conferring with AUTHORITY s and Wildlife Agencies. 9 ARTICLE 25. ALCOHOL AND DRUG POLICY 10 A. CITY agrees to establish and implement an alcohol and drug program that complies with 11 41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), which is attached to this u Agreement as Exhibit B. CITY agrees to produce any documentation necessary to establish its 13 compliance with sections 701-707. 14 B. Failure to comply with this Article may result in nonpayment or termination of this 15 Agreement. 16 ARTICLE 26. HEALTH AND SAFETY REQUIREMENTS 17 CITY shall comply with all of the requirements set forth in Exhibit C, LEVEL 1 SAFETY is SPECIFICATIONS. As used therein, "CITY" shall mean "Consultant." 19 ARTICLE 27. FORCE MAJEURE 20 Either party shall be excused from performing its obligations under this Agreement during the 21 time and to the extent that it is prevented from performing by an unforeseeable cause beyond its 22 control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, 23 products, plants or facilities by the federal, state or local government; national fuel shortage; or a 24 material act or omission by the other party; when satisfactory evidence of such cause is presented to 25 the other party, and provided further that such nonperformance is unforeseeable, beyond the control 26 and is not due to the fault or negligence of the party not performing. L Cam LERICALIWORDPROCWGREE�,013 Page 17 of 18 0 AGREEMENT NO. C-1-2387 This Agreement shall be made effective upon execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-1-2387 to be executed on the date first above written. CITY OF SAN JUAN CAPISTRANO ORANGE COUNTY TRANSPORTATION AUTHORITY By By Joe Tait, City Manager Will Kempton Chief Executive Officer APPROVED: By Kia Mortazavi Executive Director, Planning LCammkCLERICAL\WORDPROMGREEeg0f 000 Page 18 of 18 CHAPTER 1.0 i TABLE OF CONTENTS 0 PROJECT OVERVIEW/INTRODUCTION 5 1.1 Regional Site Map 6 1.2 Project Site Map 6.a 1.3 Percent Native Cover vs. Invasive Cover Map 6.b 1.4 Mapped Acreages of Restoration Efforts 6.c 1.5 Site Assessment Map - Vegetation 6.d 1.6 Site Assement Map - Vegetation (Detail) 6.e 1.7 Site Assessment Map - Sensitive Species 6.f CHAPTER 2.0 LAND OWNERSHIP/MANAGEMENT 7 CHAPTER 3.0 RESTORATION STRATEGY 8 CHAPTER 4.0 GOALS AND OBJECTIVES 8 CHAPTER 5.0 SUCCESS CRITERIA 9 CHAPTER 6.0 SITE ASSESSMENT 10 6.1 Sensitive Species Assessment 12 6.2 Invasive Species Assessment 12 6.3 Initial Mapping of Vegetation Communities 13 and Land Cover 6.4 Field Verification of Initial Mapping of 14 Vegetation Communities and Land Cover 6.5 Field Verification of Sensitive Species 16 6.6 Site Assessment Data Interpretation and 16 Analysis 6.7 Compilation of Vegetation Communities and 16 Land Cover 6.8 Compilation of Invasive Plant Species Data 17 6.9 Compilation of Sensitive Species Data 17 6.10 Wildlife Corridors and Linkages 18 6.11 Survey Limitations 19 CHAPTER 7.0 SENSITIVE SPECIES SURVEYS 19 7.1 Permitting 20 7.2 Restoration Activities Restrictions 21 CHAPTER 8.0 SITE PREPARATION AND INSTALLATION 22 2C Ranch/Trabuco Creek Restoration Plan 2 San Juan Capistrano, California 0 0 8.1 Grading 22 8.2 Soil Testing 23 8.3 Riparian Pre -Planting Invasive Species Control 23 8.4 Upland Pre -Planting Invasive Species Control 23 8.5 Irrigation 24 8.6 Vegetation Types 25 8.7 Planting Plan 26 8.8 Upland Restoration Planting Plan 26 8.9 Riparian Restoration Planting Plan 30 8.10 Source Materials 31 CHAPTER 9.0 MAINTENANCE PROGRAM 32 9.1 Erosion Control 32 9.2 Weed Control 32 9.3 Plant Protection 32 9.4 Trash and Debris Removal 33 9.5 Irrigation 33 9.6 Vandalism 33 9.7 Fire Suppression 34 CHAPTER 10.0 PROPERTY ANALYSIS RECORD 35 10.1 Long Term Management Tasks and Costs 36 CHAPTER 11.0 RESTORATION MONITORING PROGRAM 37 11.1 Habitat Monitoring 37 11.2 Frequency and Duration 37 11.3 Adaptive Management Plan 37 11.4 Photo -Monitoring 37 11.5 Native Species Monitoring 39 11.6 Invasive Species Monitoring 40 CHAPTER 12.0 CONTINGENCY MEASURES 40 CHAPTER 13.0 REPORTING AND DOCUMENTATION 41 13.1 Maintenance Reports 41 13.2 Annual Site Visits 41 13.3 Final Report 42 13.4 Data Documentation 42 2C Ranch/Trabuco Creek Restoration Plan 3 San Tuan Capistrano, California 0 CHAPTER 14.0 REFERENCES 44 CHAPTER 15.0 SITE PHOTOS 46 2C Ranch/Trabuco Creek Restoration Plan San Juan Capistrano, California 0 0 1.0 Project Overview The City Parcel/Shea Restoration is located within the Trabuco Creek watershed in San Juan Capistrano, CA. The scope of the proposed restoration would entail removal of non-native invasive species, including arundo, artichoke thistle and mustard, and revegetation of native riparian and upland species in a 53 acre project area. The project will adhere to best -practices widely used in the restoration science field, as well as to the requirements stipulated in the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines. The project entails two contiguous, core areas comprising both upland and riparian habitat. The upland portion of the project consists of 40 acres of mild to steeply sloping topography that supports degraded coastal sage scrub habitat and a large population of invasive artichoke thistle and mustard. The area extends uphill from the Trabuco Creek riparian corridor to the Colinas ridgeline, where it connects to the Salt Creek Open Space Corridor, a permanent wilderness preserve and key wildlife corridor. The riparian portion of the project consists of 13 acres along Trabuco Creek and its associated transitional zones. Trabuco Creek flows year round and is un - channelized as it passes through the project, providing a natural riparian environment conducive to numerous sensitive species. Vegetation on the creek banks and within the stream channel is a mix of native and non-native species. Native vegetation primarily consists of mulefat and willow scrub, with occasional sycamore trees, cottonwoods and scrub oak. Invasive vegetation features significant stands of arundo, as well as a small but growing area of tamarisk and pampas grass. The primary aim of restoration within the project site would be the removal and control of invasive, non-native plants across the entire restoration area , followed by the planting of native species so as to establish a more diverse habitat structure conducive to supporting an array of native plants and wildlife. In addition to the immediate habitat benefits of the project, the site has regional importance as part of the Trabuco Creek Wildlife Linkage, which connects Orange County's eastern and western wilderness preserves and supports key biodiversity and wildlife connectivity for a number of sensitive species. 2C RanchfTrabuco Creek Restoration Plan 5 San Juan Capistrano, California 0 0 2.0 Land Ownership/Land Management and Experience The City of San Juan Capistrano owns and manages the entire property included in the proposed restoration. A conservation easement or other mutually agreed -to legal mechanism will be recorded for the property following restoration so as to ensure long term land use consistent with the project's restoration and mitigation intent. The City owns several thousand acres of additional open space throughout the City and maintains a well-regarded open space management track record. In addition to completing a number of restorations, the City has also taken significant steps to ensure that its open space is safeguarded from encroachments, infrastructure impacts and habitat degradation. The City has a solid history of effective open space management of large blocks of open space lands with biological resource value. The following are a few highlights from several decades of successful open space management. Management of the north and south public lands by the City has included the on-going, annual administration of an Artichoke thistle (Cynara cardunculus) eradication program. The City spends $ 400,000 annually on open space trails and maintenance, including the City's invasives eradication program. This program would be used in the continuing management and monitoring of the proposed restoration site and adjoining City lands so as to ensure full adherence to performance standards. In November 2008, the City's residents voted approval of a $30 million bond measure for the acquisition and stewardship of open space lands, which is indicative of the City and the community's commitment to open space even in the midst of a severe economic downturn. The City has worked to preclude cattle grazing activities on the north and south public lands to prevent the spread of invasive plants, especially Artichoke thistle but also other common invasives (i.e., tobacco, mustard, etc.). The City continues to actively enforce restrictions on the operation of motorized vehicles, primarily off-road motorcycles, to prevent damage to native habitat and disturbance to wildlife within City open spaces. Sheriff's deputies recently cited five persons for violating restrictions on the operation of off-road vehicles within City open space. The City secured the dedication of a habitat conservation easement to the California Department of Fish & Game for a large portion (about 56 acres) of the Ocean Pointe property to preserve existing coastal sage scrub (CSS) habitat and create additional habitat. The project also implemented a California native 2C Ranch/Trabuco Creek Restoration Plan San Juan Capistrano. California plant palette, one of the first in a residential community in Southern California. Since then, the City has worked with other residential subdivision developers (Woodbridge, William Lyon) to limit landscaping to a California native palette. The City recently completed construction of the Los Rios Community Park notable for its exclusive use of a California native plant palette. Between 1994 and 2004, the City implemented a 9.6 -acre riparian habitat restoration project along the Trabuco Creek Linkage extending from the existing Southern California Regional Rail Authority (SCRRA) railroad northeasterly to Camino Capistrano. Habitat cover and biological resources are performing very well and only small patches of non-native species are present, mainly arundo that washes down from the upper portion of the creek. Additional information on City management is readily available should you like to review further data and performance measures. 3.0 Restoration Strategy The project is best classified as a restoration, versus an enhancement or a habitat creation project. It will restore 53 acres of habitat that was previously healthy native vegetation but which has been degraded by invasive species, largely due to historic grazing of the property. Due to the significant percent cover of invasive species, at times 100% of plant cover across several contiguous acres, it is expected that the project will result in a substantial net gain in native habitat acreage. 4.0 Goals and Objectives The restoration project focuses on several key ecological priorities that will provide both local and regional benefits. These priorities closely align with the ecological and mitigation goals of the Measure M program. Goal: Improve habitat quality for riparian plants and wildlife species by increasing native habitat diversity, density, and structure within 13 acres of Trabuco Creek and associated transitional zones. Objective 1: Remove 13 acres of invasive, non-native species including but not limited to arundo and tamarisk (Arundo donax and Tamarix ramossissima) within a one year time frame, plus remedial follow-ups over 5 years. Objective 2: Remove scattered debris across 13 acres consisting of illegally dumped construction waste, concrete and general litter within a one year time frame, plus remedial follow-ups over 5 years. 2C Ranch/Trabuco Creek Restoration Plan San Juan Capistrano, California 0 0 Objective 3: Maintain natural hydrology patterns across the site and enhance water quality for this important coastal watershed by removing selected debris and non-native species. Objective 4: Plant 13 acres of appropriate native species, including those consistent with willow scrub and mulefat scrub riparian communities, within a one year period. Maintain consistent monitoring to determine success rates and replant additional plants as needed pursuant to adaptive management techniques. Goal: Improve habitat quality for coastal sage scrub plants and wildlife species by increasing native habitat diversity, density, and structure within 40 acres of upland hillside. Objective 1: Remove 40 acres of invasive, non-native species including but not limited to artichoke thistle and mustard (Cynara cardunculus and Brassica spp.) within a one year time frame. Perform repeated remedial invasive removal follow-ups over 5 years. Objective 2: Restrict illegal public access through the site, particularly from mountain bikers, within a one year time frame and properly maintain approved, low -impact access through the site in perpetuity. Objective 3: Plant 40 acres of appropriate native species, including those consistent with coastal sage scrub communities, within a two year period. Maintain consistent monitoring to determine success rates and replant additional plants as needed pursuant to adaptive management techniques. Goal: Strengthen the critical Trabuco Creek Wildlife Linkage through the use of adaptive management techniques and comprehensive data collection. Objective 1: Establish comprehensive baseline data of entire 53 acre project area and relevant adjacent open space, including current species, likely wildlife movement patterns and habitat characteristics prior to beginning any restoration work. Objective 2: Comprehensively monitor restoration progress to identify changes in species populations, quality, diversity and movement. Objective 3: Combine continued data monitoring with adaptive management techniques to adjust restoration methodology to maximize project benefits to Trabuco Creek Wildlife Linkage and species. 5.0 Success Criteria The performance standards proposed for this restoration are as follows: 13 acre Willow Woodland, Riparian Scrub and Transitional Zone Area: Restoration plantings shall attain a minimum of 75% native cover after 3 years 2C Ranch/Trabuco Creek Restoration Plan San Juan Capistrano, California and 90% cover after 5 years with less than 5% cover by non-native species and 0% cover by non-native invasives. The site shall have 90% of the species diversity of a nearby reference site. 40 acre Coastal Sage Scrub Area: Restoration plantings shall attain 50% native shrub cover after 3 years, and 75% native shrub cover after 5 years, with less than 5% cover by non-native species (except annual grassland, which will have less than 10% cover), and 0% cover by non-native invasives. The site shall have 90% of the species diversity of a nearby reference site. Species Success Criteria: The City contracted Dudek and Associates in 2008 to complete a habitat and wildlife study of the project area and adjacent open space. This study was completed in June 2008 and documented a number of sensitive species on or closely adjacent to the project site. This study has been expanded in recent months to incorporate additional biological baselines for plant and wildlife species, such as percent habitat cover suitable for sensitive species such as least Bell's vireo, thereby providing a more comprehensive foundation to assess species responses to habitat restoration. Continuing assessment will focus on demonstrating upward trends in presence, abundance, nesting/breeding activity, and/or diversity of selected target species or groups of species (e.g., riparian birds). Target species selection will focus on species that are indicators of habitat conditions, and may include covered species (as appropriate) and/or non -sensitive common species. Additional assessments will include review of conditions such as soil suitability, topography, hydrology and other characteristics noted in Section 2.6 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines. 6.0 Site Assessment A comprehensive site assessment has been completed identifying sensitive habitat, protected species, and invasive plants within the project area and adjacent lands. The site assessment included more than 15 site visits and extensive review of existing data and was enhanced by a $ 25,000 Dudek and Associates report evaluating specific vegetation and wildlife resources. Sources for sensitive plant and wildlife species information included the California Natural Diversity Data Base (CNDDB), species data provided by U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG) for endangered and/or threatened species potentially occurring within the study area, as well as the Orange County NCCP effort databases (the Central -Coastal Subregion and Southern Subregion). The CNDDB data review included a nine -quadrangle search of the following maps: San Juan Capistrano, San Clemente, Dana Point, Laguna Beach, Tustin, 2C Ranch/Trabuco Creek Restoration Plan 10 San Juan Capistrano, California 0 0 Canada Gobernadora, Santiago Peak and EI Toro. Additionally, invasive plant species distribution within Oso and Trabuco watersheds was available from Dendra (2007). In addition to the sources noted above, the following literature and data were reviewed for the site assessment: Biological Reports • Dendra. 2007. Invasives Species Mapping Report and GIS Database. • Dudek. 2008. Monitoring Report (2007) for the Arroyo Trabuco Conservation Area (Lower Rosan Ranch) Off-site Wetland Mitigation Project, San Juan Capistrano, CA. • Psomas. 2007. Biological Constraints Analysis for the proposed San Juan Basin RechargeBasins. • Summers & Murphy. 2006. Pacifica San Juan Restoration Plan. • BonTerra Consulting. 2006a. Biological Constraints Survey for the Hsiao Williams Project Site in the City of San Juan Capistrano, Orange County, California. • BonTerra Consulting. 2006b. Results of Special Status Plant Surveys for the Hsiao- Williams Project Site in the City of San Juan Capistrano, Orange County, California. • BonTerra Consulting. 2006c. Results of Habitat Assessment for the Burrowing Owl on the Hsiao-Williams Project Site, City of San Juan Capistrano, Orange County, California. • BonTerra Consulting. 2006d. Results of Focused Presence/Absence Surveys for the Southwestern Willow Flycatcher and Least Bell's Vireo on the Hsiao-Williams Project Site, City of San Juan Capistrano, Orange County, California. • California Wildlife Ecology. 2004. Wetlands Determination for the City of San Juan Capistrano, Reservoir Canyon, 760 Zone SC -04 Water Reservoirs • City of San Juan Capistrano. General Plan. 1999. • Cathcart Garcia Von Langen Engineers. 1999. San Juan Creek Habitat Mitigation and Monitoring Plan, Corps of Engineers File No. 96 -00017 - LTM. GIS Data Topography - San Juan Creek (50- and 100 -foot scale AutoCAD files). Pictometry imagery and software (2008 seamless aerial photography, 6 inch pixel resolution; 2008 oblique photography). City GIS database layers (city boundary, creeks, hiking trails, HOA boundaries, city -owned lands, open space lands, and streets). 2C Ranch/Trabuco Creek Restoration Plan San Juan Capistrano, California 0 0 6.1 Sensitive Species Assessment The site assessment also included review of the listing packages for each endangered and threatened species, and CNDDB information regarding sensitive species and habitats known to occur in the region in order to determine a species potential to occur on site. The CNDDB was reviewed for all pertinent information regarding the localities of known observations of sensitive plant and wildlife species within the vicinity of the study area. The USGS topographic quadrangles that were searched included San Juan Capistrano, San Clemente, Dana Point, Laguna Beach, Tustin, Canada Gobernadora, Santiago Peak, and EI Toro. In addition, the Soil Survey of Orange County and Part of Western Riverside, California, (Wachtel) 1978) was consulted in order to determine distribution of soils within the study area and habitat suitability for sensitive plant species. Sensitive plants reviewed include those listed by the USFWS, CDFG, and California Native Plant Society (CNPS) (particularly Lists 1A, 1 B, and 2). A literature review was conducted to determine the sensitive plant species that have the potential to occur within the region. Sources included the CNDDB species data provided by CDFG for endangered and/or threatened species potentially occurring within the region. Sensitive wildlife species reviewed include those species listed as endangered or threatened under the Federal Endangered Species Act (FESA) and the California Endangered Species Act (CESA), candidates for listing by USFWS or CDFG, and species of special concern as defined by the CDFG. Similar to sensitive plants, a literature review and CNDDB species data search were conducted to determine the sensitive wildlife species that have the potential to occur within the region. 6.2 Invasive Species Assessment Invasive plant species reviewed included those identified by the Cal -IPC for the State of California -Southwest floristic province. A search within the State of California -Southwest floristic province resulted in a database of plant assessment forms including, but not limited to artichoke thistle (Cynara cardunculus), arundo or giant reed (Arundo donax), black mustard (Brassica nigra), fennel (Foeniculum vulgare), hemlock (Conium maculatum), and tree tobacco (Nicotiana glauca). Three criteria ratings were applied to each invasive plant species: high, moderate, and limited rating invasive species. The criteria ratings as described within the Cal -IPC database are defined below. • High: These species have severe ecological impacts on physical 2C Ranch/Trabuco Creek Restoration Plan 12 San Juan Capistrano, California • processes, plant and animal communities, and vegetation structure. Their reproductive biology and other attributes are conducive to moderate to high rates of dispersal and establishment. Most are widely distributed ecologically. • Moderate: These species have substantial and apparent, but generally not severe, ecological impacts on physical processes, plant and animal communities, and vegetation structure. Their reproductive biology and other attributes are conducive to moderate to high rates of dispersal, though establishment is generally dependent upon ecological disturbance. Ecological amplitude and distribution may range from limited to widespread. • Low/Limited: These species are invasive but their ecological impacts are minor on a statewide level or there was not enough information to justify a higher score. Their reproductive biology and other attributes result in low to moderate rates of invasiveness. Ecological amplitude and distribution are generally limited, but these species may be locally persistent and problematic. A total of 25 invasive species were identified as a high rating, 57 as moderate, and 3 as a limited priority rating within the Southwest region. Additional information sources consulted included scientific journal articles, and historic and current aerial photographs, as appropriate. 6.3 Initial Mapping of Vegetation Communities and Land Cover The site assessment investigation was initiated by compiling a list of vegetation communities based on the original mapping effort and updates provided by Jones & Stokes (1993) during vegetation community and land cover mapping within the Orange County NCCP efforts. Plant communities not included in Gray and Bramlet (1992) and not descriptive enough (e.g., "mid -elevation chaparral') or too descriptive for the purposes of creating a general vegetation map (e.g., "non- jurisdictional mulefat scrub") were removed. Biologists conducted aerial interpretation of vegetation communities that encompassed the entire study area. True -color aerial photographic with a 6 -inch resolution were printed at 1:6,000 -scale (1 inch = 500 feet). Habitat associations and land cover types were mapped directly on the hard copy maps. The aerial interpretation was aided by previous vegetation mapping conducted in 2007- 2008 by Dudek on the Southern Subregion Habitat Reserve (SSHR), which occur immediately adjacent to the City. Aerial interpretation of invasive plant species was performed using ArcGIS software. Overhead and oblique aerial photography was taken in 2008 and 2C Ranch/Trabuco Creek Restoration Plan 13 San Juan Capistrano, California 0 1] obtained by the City. Pictometery was used to identify invasive plant species that are listed as priorities by the Cal -IPC for the State of California -Southwest floristic province. The oblique imagery was viewable within the project -specific GIS database using a custom extension within ArcMap that greatly increases the usability of the oblique data. The tool provided views of moderately high- resolution oblique imagery from any cardinal direction, but only allowed identification of a few priority invasives: arundo or giant reed, pampas grass (Cortaderia iubata), and Mexican fan palm (Washingtonia robusta). The distribution of arundo throughout riparian areas within the City has been the focus of other efforts implemented at the County -wide, inter -jurisdictional level (Dendra 1997). Therefore, areas of arundo infestation were only mapped as vegetation communities if they met the planning -level or site-specific MMUs, or in locations where individuals were not previously identified as part of Dendra's work (2007). Imagery for the entire study area was available for photographic review. During the planning- level assessment, biologists used ArcGIS to zoom into locations of previously identified invasive plant species to build a visual signature, or catalog, of each priority invasive. Areas of previous infestation were then scanned to identify invasives. Invasive plant species were mapped on hard copy aerial maps as point locations to represent up to five individual species counts. If an area contained more than 20 individuals, a polygon was mapped. For the site- specific assessment, the entire Northwest Area, the imagery was systematically scanned with a greater attention to detail to identify distribution of invasive plant species. Aerial interpretation of sensitive species likeliness to occur within the study area was limited to coarse classification of species -habitat associations. Sensitive species prioritized for the investigation included all of the "focal species," "covered species" and "conditionally covered" species identified in the Orange County NCCP efforts (Appendix C). Additionally, previous documented occurrences of sensitive biological resources from the CNDDB, and special status or commonly accepted as regionally sensitive by the CNPS, CDFG, and USFWS were incorporated within the project -specific GIS and overlaid onto aerial photography. Biologists identified potential habitat for sensitive species during the aerial photographic review for both the planning -level and site- specific phase. 6.4 Field Verification of Initial Mapping of Vegetation Communities Prior to initiating the field mapping effort, a field manual was created that included the classification system and mapping protocols to ensure that data collection was uniform, replicable and reliable among surveyors. The field manual provided regional maps, explicit mapping methods, vegetation community descriptions, MMUs for each vegetation type, list of all Cal -IPC 2C Ranch/Trabuco Creek Restoration Plan 14 San Juan Capistrano, California 0 0 invasive plant species, and a list of the sensitive species prioritized for the investigation. Field maps were printed at a 1:6,000 scale (1 inch = 500 feet) of the study area, which consisted of a total of four 34- by 44 -inch sheets. Outlines of the original vegetation community and land cover polygons that were previously conducted by Dudek during the SSHR mapping efforts (with centrally labeled vegetation codes) were printed on aerial photographs. The city boundary, study area boundary (including a 0.25 -mile buffer around the open space project site, and undeveloped open space were outlined in different colors. In the field, the vegetation mapping team conducted field verification of the aerial interpretation mapping efforts for both the planning -level and site-specific phase. Biologists visited areas of concern or areas that were difficult to identify during the aerial photographic review. All mapping was done directly in the field onto the same 1:6,000 -scale (1 inch = 500 feet) aerial photographic base used during the aerial interpretation. Dominant plant species were used to determine the appropriate vegetation community or land cover. Latin and common names of plants follow Hickman (1993) and when not available in Hickman, common names follow Simpson and Rebman (2001). Each polygon was labeled according to the appropriate habitat association using vegetation community acronyms developed from the OCHCS. Annual grasslands and Venturan-Degan transitional coastal sage scrub communities that were dominated by non- natives such as artichoke thistle and black mustard were mapped as being disturbed and were labeled dAGL or dCSS, respectively, directly onto the true -color aerial. Field verification was conducted over 100% of the project site and adjacent open space lands to accurately distinguish the more difficult scrub and chaparral at the habitat association level using the OCHCS. Biologists conducted field verifications of invasive plant species distribution identified during the aerial interpretation. Invasive plant species distribution was based on visual inspection viewed from roads, bridges, paths, and easily accessible areas. All mapping was done directly on the same field maps used for the vegetation association and land cover classification. Similar to the aerial interpretation process, invasive plant species were mapped using points to represent up to five individuals and polygons for more than 20 individuals. Each point or polygon location was labeled using a set of acronyms to identify priority Cal -IPC invasive plant species developed for the project and included in the field manual. Identification of invasive plant species was conducted on foot over 100% of the restoration project area. 2C RanchPrrabuco Creek Restoration Plan 15 San Juan Capistrano, California 0 0 6.5 Field Verification of Sensitive Species During field verification of the initial vegetation mapping, biologists confirmed vegetation communities and land cover classifications and identified potential habitat for sensitive species. Distribution of previously documented occurrences of sensitive biological resources from the Orange County NCCP efforts and the CNDDB were visited. During the field mapping effort, sensitive plant and wildlife species observations were documented on the same field maps. Species identification and habitat associations were conducted on foot over 100% of the project area with particular attention on the riparian corridors associated with Trabuco Creek. All wildlife species observed on site were recorded during the field investigation; however, no focused surveys for sensitive wildlife species were conducted. 6.6 Site Assessment Data Interpretation and Analysis Following field mapping, data collected was recorded, digitized into GIS format, and compiled. The data interpretation and analysis conducted for each mapping product (vegetation communities and land covers, invasive plant species, and sensitive species) is explained in this section. Additionally, this section describes a preliminary evaluation of wildlife corridors within the study area that was conducted at the planning -level scale and based on the distribution of vegetation community and land cover classification. A total of five Vegetation Community and Land Cover Maps, four Invasive Plant Species Maps, and four Sensitive Species Maps were created from the data interpretation and analysis phase of the mapping effort. These maps have been referenced extensively throughout the OCTA grant application process and have been provided to OCTA staff and the Conservation Biology Institute. 6.7 Compilation of Vegetation Communities and Land Cover Data Once the mapping and field verification phase was complete, the vegetation communities and land covers were transferred to acetate and scanned at the original 1:6,000 scale (1 inch = 500 feet) by Scantech AE. The boundaries for the vegetation communities were converted into geo-referenced polyline features. Once the data was received from Scantech, biologists confirmed the accuracy of the digitized vegetation communities and performed edge -matching between sheets via heads -up digitizing. Biologists converted the polylines into polygons and performed a spatial join to link the vegetation polygons with the vegetation code attribution. All four maps were then combined into one GIS layer. An in-depth GIS analysis was performed on the dataset for quality assurance/quality control (QA/QC). The analysis included the removal of 2C Ranch/Trabuco Creek Restoration Plan 16 San Juan Capistrano, California 10 0 vegetation communities outside of the project boundary and the merging of adjacent polygons with the same attribution between sheets. Duplicate and overlapping polygons were corrected. Vegetation community and land cover attribution was re -checked and corrected, as appropriate. 6.8 Compilation of Invasive Plant Species Data Invasive plant species point locations and polygons were transferred to acetate and scanned at the original 1:6,000 scale (1 inch = 500 feet) by Scantech AE. The invasive plant species locations were converted into geo-referenced point and polygon features. Once the data was received from Scantech, biologists confirmed the accuracy of the digitized locations and invasive plant species polygons were created via heads -up digitizing. Where appropriate, biologists converted polylines into polygons and performed a spatial join to link the invasive plant species polygons with the invasive code attribution. The QA/QC GIS analysis included the removal or correction of duplicate and overlapping point and polygons features, as well as the confirmation of invasive plant species attribution. 6.9 Compilation of Sensitive Species Data Documented occurrences of sensitive biological resources from previous biological investigations conducted within the City, the Orange County NCCP efforts, and the CNDDB were compiled. Determinations were made regarding the potential for sensitive species to occur within the study area based on information gathered during biologist surveys including the location of the occurrence, vegetation community, current site conditions, past and present land use and a review of known locations based on the CNDDB (CDFG 2006). A habitat suitability assessment was conducted for the following focal, covered, conditionally covered, and planning wildlife species identified in the Orange County NCCP effort: • Coastal California gnatcatcher (Polioptila californica) • Cactus wren (Campylorynchus brunneicapillus couesl) • Orange -throated whiptail (Aspidoscelis [Cnemidophorus] hyperythra beldingl) • Arroyo toad (Bufo californicus) • Southwestern pond turtle (Emys [Clemmys] marmorata pallida) • Western spadefoot toad (Spea [Scaphiopus] hammondil) • least Bell's vireo (Vireo bel/ii pusillus) • Southwestern willow flycatcher (Empidonax traillii extimus) • Tri -colored blackbird (Agelaius tricolor) • Yellow warbler (Dendroica petechia) 2C Ranch/Trabuco Creek Restoration Plan 17 San Juan Capistrano, California 0 0 • Yellow -breasted chat (Icteria virens). A habitat suitability assessment was conducted for the following focal, covered, conditionally covered, and planning plant species identified in the Orange County NCCP effort: • Coulter's saltbush (Atriplex coulten) • Thread -leaved brodiaea (Brodiaea filifolia) • Catalina mariposa lily (Calochortus catalinae) • Southern tarplant (Centromadia parryi spp. australis) • Small -flowered mountain mahogany (Cercocarpus minutiflora) • Tecate cypress (Cupressus forbesh) • Santa Monica Mountains dudleya (Dudleya cymosa ssp. ovatifolia) • Many -stemmed dudleya (Dudleya multicaulis) • Laguna Beach dudleya (Dudleya stolonifera) • Heart -leaved pitcher sage (Lepechinia cardiophylla) • Chaparral beargrass (Nolina cismontana) • Coast live oak (Quercus agrifolia) • Nuttall's scrub oak (Quercus dumosa) • California scrub oak (Quercus berberidifolia) • Coulter's matilija poppy (Romneya coulten). 6.10 Wildlife Corridors and Linkages Wildlife corridors are linear features that connect large patches of natural open space and provide avenues for dispersal or migration of animals, as well as dispersal of plants (e.g., via wildlife vectors). Wildlife corridors that function to convey multiple species are referred to as linkages. Wildlife corridors and linkages contribute to population viability in several ways: (1) they ensure continual exchange of genes between populations, which helps maintain genetic diversity; (2) they provide access to adjacent habitat areas representing additional territory for foraging and mating; (3) they allow for a greater carrying capacity; and (4) they provide routes for colonization of habitat lands following local population extinctions or habitat recovery from ecological catastrophes (i.e., the rescue effect). Habitat linkages are patches of natural habitat that join two larger patches of habitat. They serve as connections between habitat patches and help reduce the adverse effects of habitat fragmentation. Habitat linkages may serve both as habitat and avenues of gene flow for small animals, such as reptiles, amphibians, and rodents. Habitat linkages may be represented by continuous patches of habitat or by nearby habitat "islands" that function as stepping stones for dispersal and movement (especially for birds and flying insects). 2C RanchfTrabuco Creek Restoration Plan { 8 San Juan Capistrano, California 0 0 Previous biological resource assessments (BonTerra 2006a -d) and analyses from the Orange County NCCP efforts pertaining to wildlife movement were compiled. A determination was made regarding the potential for portions of the study area to support wildlife movement via corridors or linkages based on information compiled from these assessments, as well as data gathered during the field surveys conducted as part of this investigation. Extensive documentation regarding the Trabuco Creek Wildlife Linkage has been previously provided to OCTA and the wildlife agencies. Accordingly, duplicate wildlife linkage data has not been included in this restoration plan. 6.11 Survey Limitations Field visits and surveys were conducted during daylight hours under weather conditions that did not preclude observation of common or special -status plant and wildlife species (e.g., surveys were not conducted during heavy fog or rain). Since field observations were conducted in September, spring -blooming herbaceous plants would not have been detected. A number of conspicuous, woody shrubs or perennial herbs would have been detected during these site visits if present on site. However, determining the presence or absence of other potentially occurring special -status plant species (i.e., annuals, inconspicuous perennial herbs, etc.) would require the completion of a spring/summer focused survey timed to coincide with the respective blooming periods to maximize detectability. Similarly, some migratory bird species and nesting raptors that may occur within the study area would not have been detected due to the seasonal timing of the field visits. 7.0 Sensitive Species Surveys As noted in the Site Assessment findings, the following species are known to occur within or adjacent to the project: • Coastal California gnatcatcher (Polioptila californica) • Arroyo toad (Bufo californicus) • least Bell's vireo (Vireo bellii pusillus) • Southwestern willow flycatcher (Empidonax traillii extimus) • Steelhead Trout (Oncorhynchus mykiss) Pursuant to the potential occurrence of these species, the restoration sites (or suitable habitat within the restoration sites) will be surveyed for noted species prior to the onset of restoration activities to ensure that no direct or indirect impacts will occur from project implementation. Surveys shall be conducted by a qualified biologist using agency -approved, species-specific survey protocols. If listed species are detected, the Project Sponsor will adhere to conditions in 2C Ranch/Trabuco Creek Restoration Plan 19 San Juan Capistrano, California 0 0 Sections 2.8.2 and 2.8.3 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines, as appropriate, including the preparation of a Species Protection Plan. If restoration activities occur subsequent to site preparation (e.g., remedial invasive species removal in year 3 or 4), a qualified biologist shall re -survey for listed species using agency- approved, species-specific survey protocols. If listed species are detected, the Project Sponsor will adhere to conditions in sections 2.8.2 and 2.8.3 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines., as appropriate, including the preparation of a Species Protection Plan. Breeding/Nesting birds. If vegetation removal or other activities that may result in the destruction of nests and death or injury of nestlings and fledglings will be conducted during the bird breeding season (March 15th to September 15th in riparian habitat and February 15th through August 31st in upland habitat), breeding bird surveys will be conducted. These surveys will consist of at least three surveys conducted the week prior to conducting activities, with the last survey occurring within 2 days prior to commencement of work activities. If no breeding/nesting birds are observed and concurrence has been received from OCTA, work activities may begin. If breeding/nesting birds are observed, the measures described in 2.9.3 will be implemented. Southwestern Pond Turtle Pursuant to the Site Assessment findings that Southwestern Pond Turtles are unlikely to be found within or adjacent to the restoration site, surveys for this species will not be conducted unless the species is observed in the field. Bats The restoration project will not include any work at a bridge site. Accordingly, no surveys for bat species are planned unless the species is observed in the field. 7.1 Permitting Due to the presence of federally and/or state -listed species documented during the site assessment, the following conditions will apply pursuant to the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines: • The Project Sponsor shall consult with the appropriate agencies, as prescribed in Federal and State Endangered Species Acts, and obtain any necessary federal and/or state permits/authorizations prior to the 2C Ranch/Trabuco Creek Restoration Plan 20 San Juan Capistrano, California 0 onset of any restoration activities. Any unauthorized take of listed species may result in prosecution. The Project Sponsor shall be required to prepare a Species Protection Plan that contains specific measures to avoid, minimize, or mitigate impacts to listed species. The plan shall be submitted to OCTA with the Restoration Plan (if timing allows) or prior to initiation of any restoration activities, and will require OCTA review and approval prior to commencing work. If federally and/or state -listed species are found on or near the restoration area after the project has been initiated, the following conditions shall apply: • The Project Sponsor shall cease work in the affected area and consult with the appropriate agencies, as prescribed in Federal or State Endangered Species Acts. If the work requires that the species be removed, disturbed, or otherwise impacted, the Project Sponsor shall obtain the appropriate federal and/or state permits/authorizations prior to re -starting work in the affected area. In addition, the Project Sponsor shall submit a Species Protection Plan to OCTA for review and approval. The Project Sponsor will also be responsible for obtaining any other resource agency permits applicable to any work related to restoration activities. Such permits may include compliance with CDFG Section 1600, and/or Army Corps of Engineers (ACOE) and Regional Water Quality Control Board Sections 401 and 404. 7.2 Restoration Activities Restrictions Where sensitive species may be directly or indirectly impacted by project implementation, the following species protection measures shall be implemented, as appropriate: 7.2.1 If threatened or endangered bird species are present in or adjacent to the restoration area, no work shall occur during the breeding season (March 15th through September 15th in riparian habitat and February 15th to August 31 st in upland habitat) to avoid direct or indirect (e.g., noise) impacts to listed species except as authorized by state and/or federal threatened/endangered species permits/authorizations which may be required prior to commencing restoration activities. 7.2.2 If breeding activities and/or active bird nests of unlisted bird species are located and concurrence has been received from OCTA, the breeding 2C RanchlTrabuco Creek Restoration Plan 21 San Juan Capistrano, California habitat/nest site shall be fenced or otherwise marked a minimum of 50 feet (250 feet for raptors) in all directions, and this area shall not be disturbed until the nest becomes inactive, or the young have fledged, are no longer being fed by the parents, have left the area, or will no longer be impacted by the project. 7.2.3 Where restoration activities may disturb nesting swallows on bridges, the Project Sponsor(s) shall avoid work March 15th through September 15th. If such a condition cannot be met, then prior to March 1 st of each year, the Project Sponsor(s) shall remove all existing nests which would be impacted by the project. The Project Sponsor(s) shall continue to discourage new nest building in places where they would be disturbed using methods approved by OCTA. Nest removal and hazing must be repeated at least weekly until restoration activities begin or until a swallow exclusion device is installed. The exclusion device must provide a space of four to six inches for the passage of snakes at the bottom edge. Nests must be discouraged throughout the restoration implementation phase. At no time shall occupied nests be destroyed as a result of project implementation. 7.2.4 If southwestern pond turtles are present in or adjacent to the restoration area, impacts to turtle habitat in wetlands or uplands from project implementation shall take place outside the breeding period (April -August). 7.2.5 If bats are present in or adjacent to the restoration area, OCTA shall be notified and provisions for their protection/conservation will be discussed. If loss of significant bat roosting habitat occurs due to the implementation of the project, the Project Sponsor(s) shall institute protection measures including the installation of roosting structures below the deck at OCTA approved locations. 7.2.6 If work is performed within any stream channel during the winter storm period, the Project Sponsor(s) shall monitor the five day weather forecast. Where the forecast indicates precipitation, the Project Sponsor(s) shall secure the site to prevent materials from entering the stream or washing downstream. The site shall be completely secured one day prior to precipitation, unless prior written approval has been provided by OCTA. During precipitation events, restoration activities are prohibited except for those activities necessary to secure the site. No work shall occur in areas containing flowing water until the flows have receded and the soil moisture content has stabilized. 8.0 Site Preparation and Installation 8.1 Grading No grading is planned as part of the restoration project. 2C Ranch/Trabuco Creek Restoration Plan 22 San Juan Capistrano, California E 8.2 Soil Testing 0 Soil testing may be conducted prior to and during installation to determine soil suitability and prescribe appropriate soil amendments (if necessary) to ensure adequate growing conditions. Soil testing may occur during the site preparation and/or restoration monitoring phases, and will include an assessment of soil texture, nutrients, pH, and compaction, among other factors. The upland area particularly will be evaluated to assess any areas of high clay content, which may determine a transitional CSS/grassland or native grassland palette for those areas. Existing soils maps will be consulted in this evaluation to guide decisionmaking. 8.3 Riparian Pre -planting Invasive Species Control Due to the mix of native vegetation and arundo in the riparian portion of the project, arundo removal will be conducted by hand tools and selected herbicide application only. Removal of root masses will not occur due to the soil and vegetation disturbance required for such work. Pursuant to standard arundo removal practice in sensitive areas, stands will be reduced to stumps and painted with herbicides approved for riparian use, whose excess (if any) degrades to water and other harmless ingredients within 48 hours. Significant care will be taken to ensure that adverse impacts to native species are avoided during both hand tool removal and herbicide applications. Limited stands of pampas grass will be addressed in the same manner as arundo. Arundo will be chipped on site into a non-viable size and spread onto the adjacent public trails. All other invasive species, as well as any herbicide - treated plant material, will be removed and disposed of at an appropriate offsite facility. Small areas of young tamarisk sprouts have been identified; however, it is anticipated that their removal by hand tools only, without the use of herbicide, will be sufficient due to their early stage growth and limited root structures. 8.4 Upland Pre -planting Invasive Species Control The upland portion of the site features substantial populations of artichoke thistle (Cynara cardunculus) and black mustard (Brassica nigra), at times consisting of 90-100% cover. Accordingly, it is anticipated that multiple grow and kill cycles will be needed to remove the considerable non-native seed bank in these areas. The "weed farming" method will be employed to reduce the non-native seed bank and invasive population to the point that native planting can commence. 2C Ranch/Trabuco Creek Restoration Plan 23 San Juan Capistrano, California 0 0 Weed farming includes a cycle of irrigation, weed germination, and weed removal that may be repeated up to 12 times or more as a means of reducing the weed seed bank. Mechanical clearing, mowing, and non -residual herbicides (e.g., Rodeo and/or Roundup) may be used to remove weed and exotic species, either in combination with weed farming or as an alternative where weed farming is not feasible. The weed farming process that will be employed is described as follows: 1. The site will be cleared of weeds with string trimmers or mowers. Cut vegetation (including stems and flowering heads) will be removed from the site and disposed of at an appropriate offsite facility. 2. In the absence of natural rainfall, the restoration area will be irrigated two times per week for a two week period using a temporary irrigation system, which will be a combination of water truck and hose irrigation for this project. Soils will be saturated to a depth of at least three inches during each irrigation cycle. 3. Germinated weeds will be mowed and/or treated with an appropriate post - emergent herbicide at the end of the first two week irrigation cycle. Dead vegetation will be removed from the site and disposed of at an appropriate offsite location. 4. The cycle of irrigation and weed removal, as described above, will be repeated at least three times, including the initial cycle. The cycle will be repeated during different seasons to ensure the removal of both annuals and perennials. The Project Sponsor will determine if further treatment is required to reduce the weed seed bank. At the time of planting, the Project Sponsor will assess whether any undesirable vegetation has become established in the restoration areas and whether additional eradication is necessary. Wherever feasible, pre -planting weed control will use mechanical methods such as removal by hand or string trimmers. Existing native species will be flagged prior to removal of invasives to avoid adverse impacts. If effective weed control cannot be attained through mechanical means, appropriate systemic non -residual herbicides will be appliec by a licensed applicator under the supervision of the Project Sponsor. In some cases, herbicide application may be preferable to mechanical control, particularly where the latter results in excessive impacts to the soil profile. Weec species to be removed may include, but are not limited to, the species listed in Table 1 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines. 8.5 Irrigation One of the key assets of the proposed restoration area is its readily available 2C Ranch/Trabuco Creek Restoration Plan 24 San Juan Capistrano, California 0 0 water sources via several City -owned wells in the immediate vicinity. This convenient water source would primarily be used for the portion of the proposed restoration lacking immediate water sources. The riparian portion of the site will benefit from the year-round presence of water in Trabuco Creek. Local agencies will be consulted on water usage to avoid any adverse affects to local groundwater, though environmental impacts from water delivery are not anticipated. Due to the extremely high level of invasive seeds in the soil and the expense of irrigating such a large area with above -ground sprinklers, water trucks and hand watering will be used to water the upland restoration area. To support efficiency of watering, it is expected that a water main will be installed to reach a center point of the upland restoration. Flexible hoses will be tapped into the main water line as needed to facilitate more efficient hand watering by work crews and volunteer teams during the dry season. 8.6 Vegetation Types The following plant communities comprise the plant palettes for revegetation. The planting associations for this project are based on the Holland (1986) vegetation association concept. The species listed in a vegetation association are closely tied to a common set of soil and hydrologic factors. Coastal Sage Scrub Coastal sage scrub is dominated by a characteristic suite of low-statured, aromatic, drought -deciduous shrubs and subshrub species. Composition varies substantially depending on physical circumstances and the successional status of the habitat, however, characteristic species include California sagebrush (Artemisia californica), California buckwheat (Eriogonum fasciculatum), laurel sumac (Malosma laurina), California encelia (Encelia californica), and several species of sage (e.g., Salvia mellifera, S. apiana). Mule Fat Scrub Mule fat scrub historically occurrs in intermittent stream channels with a fairly coarse substrate. Mule fat is a key plant used by least Bell's vireo both for nesting and foraging. It grows rapidly and provides quick habitat benefits. Plants typical of mule fat scrub include mule fat (Baccharis salicifolia), Santa Barbara sedge (Carex babarae), arroyo willow (Salix lasiolepis) and sandbar willow (Salix exigua). 2C Ranch/Trabuco Creek Restoration Plan 25 San Juan Capistrano, California 0 0 Southern Willow Scrub Southern Willown Scrub forms dense thickets dominated by willows, which are typically too thick to allow much understory development. Scattered emergent cottonwoods and sycamores are common to this habitat type. Plants typical of southern willow scrub include sandbar and arroyo willows, black willow (Salix goodingii), and red willow (Salix laevigata). 8.7 Planting Plan Following soil testing, all plantings will occur between October 1 and April 30 to take advantage of winter rains. For areas with supplemental irrigation provided for container stock, planting (but not seeding) may occur into early spring depending on ongoing site assessment and adaptive management techniques. Container stock will be installed no later than April 30th, cuttings will be installed no later than February 1 st, and seed will be planted no later than December 31 st. Container stock will be sourced from seed obtained within ten miles of the site, from vegetation communities with strong similarities to the project site. 8.8 Upland Restoration - 40 acres Pursuant to several site assessments by restoration biologists, the following plant species are representative of the healthy coastal sage scrub communities immediately contiguous to the restoration site which served as appropriate reference sites. Scientific Name Common Name Artemisia californica Malosma laurina Encelia californica Eriogonum fasciculatum Opuntia littoralis Quercus agrifolia Baccharis pilularis consanguinea Mimulus auriantiacus Heteromeles arbutifolia California Sagebrush Laurel Sumac California Encelia Flat -top Buckwheat Coastal Prickly Pear Coast Live Oak Coyote Bush Monkey Flower Toyon Nassella lepida Foothill Needlegrass Rhus integrifolia Lemonade berry Salvia mellifera Black Sage Dudleya edulis Lady Fingers Dudleya lanceolata Coastal Dudleya Heteromeles arbutifolia Coastal Isocoma Due to the high level of invasive species in the upland area, the project will 2C Ranch(Trabuco Creek Restoration Plan 26 San Juan Capistrano, California 0 incorporate a staged installation of container plants and seed over several years with varying species and densities. This approach will allow for consistent, repeated invasive removal over a 2-3 year period, at a minimum, and will allow heartier native species to establish themselves in early years, thereby providing much-needed cover and increased survival rates for more delicate native species in years 2, 3 and 4. All plants and imprints will be inoculated and colonized with beneficial vesicular- arbuscular (VA) mycorrhizal fungi. For approval by the restoration project manager, the production nursery shall submit written certification that the plants have successful VA association. The written certification shall also provide a description of the nursery's mycorrhizal program. The substantial abundance of competing non-native, invasive seeds in the soil and the need for aggressive, repeated invasive removal over several cycles precludes the use of native seeding until the invasive seed bank can be sufficiently reduced. Once the non-native seed bank has been reduced to acceptable levels, a mix of native seeds collected from within 10 miles of the project site will be incorporated into the planting implementation. In addition to seeds of the CSS shrub species noted in the container planting plan, seeds of the following perennial and annual forbs will be considered for the planting palette as appropriate. Supplemental Seeding All species planted by container will also be represented in seed. In addition, the following species will be included in the native seed mix. Perennial Forbs Scientific Name Lessingia filaginifolia Lasthenia californica Dichelostemma capitatum Keckiella cordofilia Malocothrix saxatilis Annual Forbs Scientific Name Lotus purshianus Lupinus succulentus Lupinus bicolor 2C Ranch/Trabuco Creek Restoration Plan San Juan Capistrano, California Common Name Common Sandaster California Goldfields Blue Dicks Heart -leafed Penstemon Cliff Aster Common Name Spanish Lotus Arroyo Lupine Miniature Lupine 27 9 Lasthenia californica Eucrypta chrysantemifolia Cryptantha intermedia Upland Year 1 California Goldfields Common Eucrypta Popcorn Flower October - December 2011 Following the initial comprehensive invasive removal, removal of non -natives will continue in several grow and kill cycles, at approximately 4-6 week intervals. If invasive cover is reduced to an acceptable ratio, the first planting phase will commence after receiving 2" cumulative total rain. Plants will be installed from varying container sizes and seed and will be grouped according to existing conditions in contiguous reference sites of healthy CSS populations. Average distribution of plants is approximately 20' on center during this phase. Level dirt -berm watering basins, approximately 14" in diameter, will be established around each container plant to concentrate rainwater and allow for dry -season waterings. Each container will be installed with an identifying stake and plant protection to prevent vegetation loss due to herbivores. A pre - emergent herbicide will be applied 36" around each plant to reduce non-native germination that would adversely compete with the native planting. Quantity and species distribution per acre: Qty Scientific Name Common Name 150 Baccharis pilularis ssp. consanguinea Coyote Brush Equal number male and female plants. 150 Isocoma menzeizii Spreading Goldenbush 150 Artemisia californica California sagebrush 50 Malosma laurina Laurel sumac 20 Quercus agrifolia Coast live oak 10 Sambucus mexicana Mexican elderberry 30 Heteromeles arbutifolia Toyon 20 Rhus integrifolia Lemonade berry 10 Malacothamnus fascicularis Bush mallow 10 Opuntia littoralis Coastal prickly pear 2C Ranch/Trabuco Creek Restoration Plan 28 San Juan Capistrano, California 0 0 Upland Year 2 October - December 2012 Following continued, comprehensive invasive species removal, it is anticipated that non-native populations will be sufficiently reduced by Fall 2012 for a supplementary planting of several additional CSS species. Planting will occur by seed and 4" containers after 2" cumulative rainfall. Plants will be grouped according to existing conditions in contiguous reference sites of healthy CSS populations. Average distribution of plants is approximately 6-7' on center during this phase. Level dirt -berm watering basins, approximately 10" in diameter, will be established around each plant to concentrate rainwater and allow for dry - season waterings. Each plant will be installed with an identifying stake and plant protection to prevent vegetation loss due to herbivores. A pre -emergent herbicide will be applied 36" around each native plant to reduce non-native germination that would adversely compete with the native planting. Quantity and species distribution per acre: Qty Scientific Name 150 Encelia californica 20 Erigononum fasciculatum 20 Mimulus auriantiacus 200 Baccharis pilularis ssp. consanguinea Equal number male and female plants. 180 Isocoma menzeizii 180 Salvia mellifera Common Name Coast sunflower Buckwheat Monkey flower Coyote brush Spreading Goldenbush Black sage A supplemental planting of 2_5" containers will also be installed: Qty Scientific Name Common Name 400 Artemisia californica California sagebrush Upland Years 3 - 5 October 2013 - December 2015 Plant survival and growth rates will be closely monitored during years 1 and 2 so that additional plantings and invasive removal can be adapted to quickly 2C Ranch/Trabuco Creek Restoration Plan 29 San Juan Capistrano, California 0 0 respond to site conditions and ensure successful fulfillment of performance criteria and project objectives. Including adaptive plantings and forecasted survival rates, total container plants per acre at year 5 is expected to be approximately 3,000/acre with average spacing of 4' on center. Along with plants germinated from seeding activities and native volunteers, a broad diversity of species and targeted percent native cover is anticipated. 8.9 Riparian Restoration -13 acres Pursuant to site assessments by restoration biologists, the following plant species are representative of the healthy riparian and transitional zone communities immediately contiguous to the restoration site, which served as appropriate reference sites. Scientific Name Common Name Baccharis salicifolia Mulefat Salix lasiolepis Arroyo willow Salix exigua Sandbar willow Salix goodingii Black willow Platanus racemosa Sycamore Populus trichocarpa Cottonwood Artemisia californica California Sagebrush Malosma laurina Laurel Sumac Eriogonum fasciculatum Flat -top Buckwheat Quercus agrifolia Coast Live Oak Baccharis pilularis consanguinea Coyote Bush Mimulus auriantiacus Monkey Flower Euphorbia misera Toyon Rhus integrifolia Lemonade berry Salvia mellifera Black Sage Riparian Year 1 January - February 2011 The primary objective for the riparian restoration will be to comprehensively remove the non-native species throughout the project area and allow the native communities to repopulate the site. It is anticipated that removal of the large stands of arundo, tamarisk and pampas grass will sufficiently reduce non-native competition with native species and expedite passive restoration of the site. Selected container plantings will be installed to support native colonization, especially in areas of the project site where passive restoration is less likely or may occur too slowly to fulfill performance criteria. 2C Ranch/Trabuco Creek Restoration Plan 30 San Juan Capistrano, California 0 Quantity and species distribution per acre. Qty Scientific Name 30 Salix exigua 10 Platanus racemosa 10 Populus trichocaroa Riparian Years 2 - 5 0 Common Name s Sandbar willow Sycamore Cottonwood October 2013 - December 2015 Riparian and transitional zone plant survival and growth rates will be closely monitored following initial plant installation in Year 1 so that additional plantings and invasive removal can be adapted to quickly respond to site conditions and ensure successful fulfillment of performance criteria and project objectives. 8.10 Source Materials All seeds and cuttings for revegetating the restoration site will be taken from genetically appropriate native communities within 10 miles of the project site. All plants will be grown by a native species nursery experienced in riparian and coastal sage scrub plant species specific to the project area. Once satisfactory weed control is obtained, which may take one or more seasons, plant growth will occur off-site in containers. Additional re -planting will occur in subsequent seasons as needed pursuant to plant survival rates and required performance criteria. 9.0 Maintenance Program A complete maintenance program will be implemented by the City, including fire suppression, erosion control, weed control, plant protection, debris removal and all other items noted in Section 3.2 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines. The general five-year maintenance schedule is presented in Table 5. This schedule may be modified by the biological monitor in order to address specific issues that may arise in any given year of the maintenance period. 2C Ranch/Trabuco Creek Restoration Plan 31 Sadfuan Capistrano, California 0 0 TABLE 1.0 FIVE YEAR MAINTENANCE SCHEDULE Tasks Year 1 Year 2 Year 3 Year 4 Year 5 Weeding 6 times 6 times 4 times 4 times 4 times Trash Removal As needed As needed As needed As needed As needed Irrigation As needed As needed As needed As needed As needed Plant Replacement As needed As needed As needed As needed As needed 9.1 Erosion Control Erosion control measures will be installed following removal of invasive plants to prevent adverse water, soil or runoff conditions. Drainage and sedimentation control devices will be routinely cleaned, maintained, and repaired, as necessary. The Project Sponsor or Maintenance Contractor will install additional erosion control devices where necessary. Once sufficient vegetative cover has developed to prevent erosion, the erosion control devices will be removed. 9.2 Weed Control Invasive species control constitutes one of the most essential components of the project and, as such, will be closely monitored and maintained throughout the duration of the project. Weeds will be controlled in the restoration area for a minimum of 5 years. Weeds will be removed mechanically, to the degree feasible. Where mechanical removal is ineffective or detrimental to the soil profile, herbicides shall be applied utilizing appropriate methodologies and application rates, as determined by the Project Sponsor and/or Maintenance Contractor. Follow-up foliar application of herbicide will be applied to any resprouting stems of invasive species in the restoration area approximately 5 to 7 weeks after the initial treatment. At a minimum, quarterly inspections and reapplication of herbicide, if necessary, shall be conducted for a period of 5 years. Weed control activities shall occur prior to seed set to prevent weed seed from contributing to the soil seed bank. Care will be taken to avoid native plantings during weed control activities. Spraying will not be done under windy conditions to avoid herbicide drift. 9.3 Plant Protection As detailed in the planting plan (Section 8), plant protection measures will be included throughout restoration areas where plant loss or damage from herbivores (e.g., rabbits, gophers, ground squirrels, deer) is likely. The need for additional plant protection will be adaptively assessed and adjusted accordingly. 2C Ranch/Trabuco Creek Restoration Plan 32 San Juan Capistrano. California 0 0 After removal, plant protection devices shall be disposed of at an appropriate offsite facility. 9.4 Trash and Debris Removal Although trash and debris will be removed from the restoration area during initial site preparation, it is anticipated that ongoing trash and debris removal will be required (e.g., following rain events or weed control activities). The Project Sponsor or Maintenance Contractor will be responsible for removing trash and debris during the maintenance period. Garbage, debris, and noxious weed biomass will be removed from the restoration site and disposed of at an appropriate offsite facility. Dead or downed wood of native species will not be removed except as required for safety or flood control purposes. 9.5 Irrigation The Project Sponsor or Maintenance Contractor will be responsible for ensuring proper irrigation of plantings and maintaining all components of the temporary irrigation system at the restoration site. The irrigation system will be maintained and repaired as necessary during the period of use. When irrigation is discontinued, all irrigation equipment shall be removed from the site and disposed of at an appropriate offsite facility. Irrigation will be discontinued 2-3 years before the end of the 5 -year maintenance period. It is anticipated that in the first year following installation, plants will be irrigated at a frequency sufficient to keep soil within the root zone moist during the active growing season. In year 2, irrigation is anticipated to lessen, with frequency based on specific plant requirements. In year 3, it is anticipated that little to no irrigation shall be required. This schedule will be tailored as appropriate to changing site conditions and climatic patterns. Though it will likely be discontinued in Year 3, irrigation will remain on site for the duration of the project in order to respond as needed to urgent climatic conditions, such as excessive dry periods. 9.6 Vandalism The Project Sponsor or Maintenance Contractor will note any instance of vandalism and report occurrences to OCTA within 24 hours. Recommendations for the replacement of damaged plants and their protection shall be developed by the Project Sponsor and submitted to OCTA for review and approval. Remedial measures will be undertaken in a timely manner by the Project Sponsor. A description of all remedial actions will be included in the annual reports. 2C Ranch/Trabuco Creek Restoration Plan 33 San Juan Capistrano, California 0 0 9.7 Fire Suppression Consistent, comprehensive removal of invasives will be utilized throughout the restoration installation, thereby reducing the presence of highly flammable grasses, which are capable of spreading fire quickly across the landscape. In addition to appropriate site maintenance, the City has previously coordinated with the Orange County Fire Authority to establish fire prevention policies for the City's Open Space areas, including the restoration site. 9.7.1 Objectives and Guidelines of Project Site Fire Management Policies The objectives and guidelines of the project site's fire management policies are: • Prevention of catastrophic fires that substantially damage habitat resources and property. • Establishment of appropriate ingress and egress routes to ensure public safety in the event of a wildfire. • Enforcement, through controlled public access and patrols, of allowed and prohibited public uses to prevent accidental or intentional fire events. • Adherence to Best Management Practices (BMPs) for maintenance and management of project site and adjacent lands, including practicing appropriate Fire Avoidance Measures by staff or contractors during work in open space areas. 9.7.2 Prohibited Uses to Help Prevent Catastrophic Wildfires • Fires, camp stoves, barbecues or open flames • Public vehicular access • Camping • Night use • Motorized vehicles, including motorcycles or ORVs 9.7.3 Fire Prevention and Suppression Measures The project site and overall Northwest Open Space area incorporate a number of prevention and suppression tactics, including: • Several large fuelbreaks ZC Ranch/Trabuco Creek Restoration Plan 34 San Juan Capistrano, California 0 0 • Emergency access roads • A flat, 4 -acre Staging Area for trucks and equipment • A helicopter landing area • Fuel management including removal of flammable invasive plants 9.7.4 Sensitive Resource Areas Areas featuring particularly sensitive resources will be properly flagged year- round to alert fire personnel to the presence of sensitive species. Fire personnel will be advised to avoid these areas during fire prevention measures to the best of their ability, while maintaining effective fire suppression tactics. 9.7.5 Road Maintenance The primary access road for emergency crews, Alipaz Road, is repaired and maintained by City crews to ensure effective emergency crew access to the project site and overall Northwest Open Space area. 9.8 Flood Control Flooding is a natural occurrence along stream channels. However, severe flooding that uproots establishing vegetation within restoration site and causes excessive erosion may hinder achievement of restoration -specific success criteria. The Project Sponsor will implement erosion control measures to the best of its capabilities in advance of flooding events to minimize damage to the restoration site. 10.0 Property Analysis Record (PAR) A number of appropriate land management responsibilities and related costs have been identified in the PAR to ensure long-term financial stability for the site and successful continuation of the restored resource values. The site currently features a number of effective management mechanisms that, to date, have encouraged responsible, low -impact public use of the property. These include City -maintained fencing surrounding the site, low -maintenance public trails, locked access gates and property oversight via City staff and Sheriff's deputies (on-call. An overview of expected costs related to long term management of the site is noted in the following table: 2C Ranch/Trabuco Creek Restoration Plan 35 San Juan Capistrano, California 0 0 10.1 Long -Term Management Tasks and Costs Task Specification Unit Unit Qty Cost/Unitt Annual Cost HABITAT MAINTENANCE Exotic Plant Control Manual/Herbicide Contract 1 $ 6,000 $ 6,000.00 or Volunteer Events 1 $ 0.00 $ 0.00 Sub -Total $ 6,000.00 PUBLIC SERVICES Patrolling Patrol Hour 24 $ 35.00 $ 840.00 Trail Maintenance Hour 15 $ 35.00 $ 525.00 Sub -Total $ 1,365.00 GENERAL MAINTENANCE Debris Removal Collection Hour 10 $ 35.00 $ 350.00 Sub -Total $ 350.00 CONTINGENCY & ADMINISTRATION Administration City Staff $ 1,000.00 Contingency Contingency $ 3,000.00 Sub -Total $ 4,000.00 Total $ 11,715.00 2C Ranch/Trabuco Creek Restoration Plan 36 San Juan Capistrano, California • 11.0 Restoration Monitoring Program A complete monitoring program will be implemented by the Project Sponsor or its approved consultant, including photo, habitat, native species monitoring, and all other items noted in Section 4 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines. 11.1 Habitat Monitoring The purpose of restoration monitoring is to evaluate progress towards achieving success criteria and ultimately, project goals and objectives, through repeated observations or measurements. Where monitoring indicates that the project is under -performing, maintenance or management activities can be modified or adapted in a timely fashion to correct the deficiency (i.e., adaptive management). 11.2 Frequency and Duration Restoration monitoring has commenced prior to project implementation with the establishment of baseline conditions during the site assessment, detailed in Section 6. Monitoring will continue through each phase of the restoration, including invasive species removal, installation of plant materials and initiation of specific maintenance activities. It is expected that restoration monitoring will occur monthly during the first two years of the project and quarterly in remaining years to ensure acceptable weed control and successful plant survival/growth. 11.3 Adaptive Management Plan Adaptive management techniques will be employed for monitoring restoration progress and adjusting methodologies as needed. Utilizing the baseline site assessment, ongoing restoration monitoring will continuously update information that will inform adaptive management (e.g., qualitative and quantitative data collection), measure the success of specific restoration activities (e.g., vegetative growth, non-native species removal) and measure species response to restoration activities (e.g., distribution and abundance of target species). 11.4 Photo -monitoring Photo -monitoring stations (points, plots) will be established within the restoration site. Photo stations allow a photographic record to be developed over time, and are a valuable tool for monitoring change, as well as re -locating 2C Ranch/Ti abuco Creek Restoration Plan 37 San Juan Capistrano, California 0 0 transect or plot locations. For monitoring change, the ability to replicate conditions (e.g., location, direction, camera lens and angle) between years is particularly important; therefore, photo stations and photographs will be well - marked and documented, as follows: Photo station locations shall be recorded using a GPS device; in addition, the location shall be marked on a map and included with the annual and final reports. A photo log form shall be used for all photo documentation. The log shall include (but is not limited to) the following information: • Photographer name • Date of photo documentation • Photo station location (including GPS point) • Camera type and lens • Film type • Compass direction for each photograph • Height and angle or camera for each photograph Both the photo log for each photo station and all photographs taken at the station will be included in the annual and final reports. Photographs will be labeled and cross-referenced to the photo log. Video -monitoring may also be used to demonstrate the restoration progress and to make comparisons between before and after conditions. The following transect methodologies will be used for the restoration's two primary types of habitat: Riparian Habitat Permanent vegetation transects will be established perpendicular to the riparian corridor to collect quantitative data on species composition and structure (e.g., cover, height, development of multiple vertical layers) along each transect. Monitoring will measure foliage volume at 1-m height intervals within 2 x 2-m plots, identify species contributing to the foliage volume, quantify recruitment of woody riparian tree and shrub species within 2 x 2-m plots along each transect, and measure heights and girths for the dominant riparian tree and shrub species along each transect. Coastal Sage Scrub Permanent vegetation transects will be established within scrub habitat to collect quantitative data (e.g., species richness, cover) along each transect and in quadrats. Transect monitoring will use a combination of ten 50-m point - intercept transects with 1 m x 1-m quadrats placed on alternate sides of the transect at 5 m intervals. Cover data will be collected at 1 m intervals along the 2C Ranch/Trabuco Creek Restoration Plan 38 San Juan Capistrano, California 0 0 transect line. Species richness data will be collected within the quadrats and will be correlated with climatic conditions, particularly for annual species (Deutschman and Strahm 2009). When developing or refining methodologies for habitat monitoring, the following elements will be provided: • The type and number of sampling units (e.g., transects, plots, points) • The sampling unit size and shape • The placement of sampling units and whether they will be temporary or permanent • Sample data collection forms 11.5 Native Species Monitoring To assess continuing progress towards the goals of the restoration, the following target species or species groups are recommended for monitoring: Coastal California gnatcatcher (Polioptila californica) Riparian birds Coastal sage scrub birds Targeted species or species groups will be monitored annually to assess their distribution, relative abundance, and/or breeding activity. Surveys will be conducted according to standard survey protocols, where available. Surveys for riparian birds will be conducted along systematic survey routes, monitoring all portions of the riparian habitat. Monitoring will identify species using the habitat and their relative abundance, and quantify the number of nesting pairs of any sensitive riparian bird species (e.g., least Bell's vireo, southwestern willow flycatcher, yellow -breasted chat, Cooper"s hawk) using the habitat for nesting. Surveys shall be conducted at varying times of day between visits. The stream reach shall be monitored three times during January through mid-March, with at least a 7 -day interval between site visits. Surveys shall begin within 1 hour after sunrise and end by noon, and should not be conducted under extreme conditions (i.e., during heavy rain or when the temperature is >95°F or <40°F or with winds >10 mph). Taped vocalizations shall be used, as needed. Territories (singing males) and nest locations shall be mapped, and the nest fate recorded (i.e., determine number of eggs laid, nest parasitism rates, eggs or nests lost to nest predators, and number of chicks fledged). Surveys for upland birds (exclusive of those conducted using protocol surveys) shall be conducted by point counts 4 times per year (according to season), with each site visited 2 times per season. Point count monitoring shall record species and relative abundance within a given area, and counts shall begin at dawn. 2C Ranch/Trabuco Creek Restoration Plan 39 San Juan Capistrano, California 11.6 Invasive Species Monitoring Invasive plant species will be monitored as part of the Maintenance Program and during habitat monitoring. Where invasive plant species are determined to pose a threat to restoration success, remedial actions will be implemented, as discussed and documented in the appropriate reports. Invasive animal species will be monitored throughout the restoration project. Annual surveys will be performed for bullfrogs, cowbirds, and other invasive animal species that have the potential to significantly and negatively affect native wildlife. Surveys shall be conducted by walking through suitable habitat and mapping their distribution and relative abundance. Where invasive animals are determined to pose a threat to native species, recommendations for management will be included in the appropriate reports. 12.0 Contingency Measures If the project underperforms in any area, potential remedial actions may include (but are not limited to): • Replacement plantings • Remedial reseeding • Soil testing • Invasive control • Supplemental irrigation. In the event of a major fire or flood or other disturbance that substantially damages the restoration project, post -disturbance site conditions will be assessed as soon as the area is safe to access (e.g., the threat has passed). This site assessment will be documented in a letter report to OCTA with accompanying photographs. At a minimum, invasive species abatement practices will likely be initiated or increased to encourage natural recovery processes. If evidence of natural recovery, as defined by native species regeneration (e.g., seedlings, stump sprouting), is not observed within three months or one growing season of the disturbance, or if the recovery is deemed inadequate to meet the stated goals and objectives of the project, an analysis will be provided to OCTA detailing the cause of the failure. Following submittal of this analysis, the project sponsor will enter into consultation with the agencies to determine an appropriate course of action, including (but not limited to) remedial actions, adaptive management, and/or modified project goals and objectives. If fire or flood damages the restoration sits, the Project Sponsor will work with OCTA and the Wildlife Agencies to develop an adaptive management strategy 2C Ranch/Trabuco Creek Restoration Plan 40 San Juan Capistrano, California that allows the restoration effort to move forward. This strategy may include (but is not limited to) post -disturbance monitoring, re -planting, and modified success criteria. 13.0 Reporting and Documentation Reporting will be fulfilled pursuant to Section 6 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines. The Project Sponsor will submit reports to OCTA for review and approval according to the schedules below. In addition, the Project Sponsor will be responsible for any other reporting requirements necessitated by federal or state permits or authorizations. 13.1 Maintenance Reports The Project Sponsor, with input from appropriate contractors, will provide maintenance reports during the entire maintenance period. Maintenance reports will be prepared and submitted to OCTA and the Wildlife Agencies following each maintenance visit. Maintenance visits will be conducted a minimum of once monthly during the first year after installation and quarterly thereafter. Maintenance reports will be letter reports (unless specific issues dictate a longer report) and will include: • Person or person(s) conducting the maintenance • Date(s) of maintenance visits • General site conditions • Description of maintenance activities (e.g., irrigation maintenance, weed control, trash removal) and actions taken • Issues or problems requiring follow-up attention • Recommendations • Maintenance activities shall be summarized in the annual status report In addition, maintenance reports shall review the Maintenance Program budget, project schedule, and restoration site viability. Any proposed changes and/or recommendations shall be subject to review and approval by OCTA. 13.2 Annual Status Reports The Project Sponsor will provide OCTA and the Wildlife Agencies with an Annual Status Report (ASR) no later than January 31 of every year after project initiation and continuing until OCTA accepts the Final Report. The ASR shall present an overview of the restoration effort, focusing on year-to-date activities, and shall specifically address maintenance activities, monitoring methodologies and 2C Ranch/Trabuco Creek Restoration Plan 41 San Juan Capistrano, California 0 0 results, success criteria (as measured by plant survival, percent cover, or other parameters), remedial actions (including but not limited to replanting or reseeding), and recommendations for the following year. The ASR shall include the following: • A list of names, titles, and companies of all persons who prepared the content of the annual report and participated in monitoring activities for that year • A description of the existing conditions of the site the results of focused wildlife surveys • An analysis of all qualitative and quantitative vegetation monitoring data • The method used to assess these parameters • The number by species of plants replaced • Copies of all photo documentation • Maps identifying monitoring areas, transects, and planting zones • GPS points of all transect locations and photo documentation points • Discussion and recommendations • Copies of all permits, and any special conditions or letters modifying the original permit conditions • A description of the status of the restoration site and restoration activities, including actual or projected completion dates, if known • A table showing the implementation status of each restoration task • An assessment of the effectiveness (e.g., success criteria) of each completed or partially completed restoration task 13.3 Final Report Upon completion of the maintenance and monitoring programs, a Final Report will be provided to OCTA that summarizes methods, results, remedial actions, and adaptive management from all monitoring years. Appendices shall include all pertinent data and photo documentation. The Final Report shall serve as the complete record of the restoration project. The Final Report shall also include recommendations for long- term management of the restoration site. 13.4 Data Documentation The Project Sponsor will be responsible for maintaining and submitting project documentation to OCTA with all reports. Data to be submitted shall include maps (including GIS -generated maps where possible), quantitative monitoring data (including forms and field notes), photo documentation (photographs and accompanying photo logs) and video documentation (if applicable). Data will be provided in an electronic format, to the degree feasible. The Project Sponsor will maintain a record of maintenance and monitoring 2C Ranch/Trabuco Creek Restoration Plan 42 San Juan Capistrano, California 0 activities to assist in evaluating changes in resource status, and responses to remedial or adaptive management actions. Restoration status will be reviewed annually to inform the next year's restoration maintenance and management activities. 2C Ranch/Trabuco Creek Restoration Plan 43 San Juan Capistrano, California 0 14.0 References 0 BonTerra Consulting. 2006a. Biological Constraints Surveyfbr the Hiao-Williams Project Site in the City of San Juan Capistrano, Orange County, California. BonTerm Consulting. 2006b. Results of Special Status Plant Surveys for the Hviao- Williams Project Site in the City oj'San Juan Capistrano, Orange County, California. BonTerra Consulting. 2006c. Results of Habitat Assessment, for the Burrowing Owl on the FLviao-Williams Project Site, City of San Juan Capistrano, Orange County, California. BonTerra Consulting. 2006d. Results of Focused Presence/Absence Surveys for the Southwestern Willow Flycatcher and Least Bell's Vireo on the Hsiao-Williams Project Site, City of San Juan Capistrano, Orange County, California. California Department of Fish and Game. 2003. "California Terrestrial Natural Communities Recognized by the CNDDB." California Department of Fish and Game, Wildlife Habitat Data Analysis Branch. Vegetation Classification and Mapping Program. http://www.dfg.ca.gov/whdab/pdfs/natcomlist.l)df. California Department of Fish and Game. 2006. Natural Diversity Data Base. Rarefind. Version 3.0.5. Computer database. September. California Native Plant Society. 2001. Inventoty ofRare and Endangered Plants of California. Sixth edition. California Wildlife Ecology. 2004. Wetlands Detertnination for the City of San Juan Capistrano, Reservoir Canyon, 760 Zone SC -04 Water Reservoirs. Cathcart Garcia Von Langen Engineers. 1999. San Juan Creek Habitat Mitigation and Monitoring Plan, Corps of Engineers File No. 96 -00017 -LTM City of San Juan Capistrano. General Plan. 1999 County of Orange and U.S. Fish and Wildlife Service. 2006. Southern Orange County Natural Community Plan/Master Streambed Alteration Agreement/Habitat Conservation Plan (Southern NCCP/MSAA/HCP). Part C Draft Southern NCCP/MSAA/HCP; Part III: Draft Implementation Agreement, and Part V: Technical Appendices. July. Dendra. 2007. lnvasives Species Mapping Report and GIS Database. Dudek. 2008. Monitoring Report (2007),for the Arroyo Trabueo Conservation Area (Lower Rosan Ranch) Of Wetland Mitigation Project, San Juan Capistrano, CA. Gray, J. and D. Bramlet. 1992. Habitat Classi(ieation System Natural Resources Geographic Information System (GLS) Project. Prepared for the Orange County 2C RanchrFrabuco Creek Restoration Plan 44 San Juan Capistrano, California Environmental Management Agency Dudek, 2008. Vegetation Community and Land Cover, [nvasive Plant Species and Sensitive Species Mapping with the City of San Juan Capistrano. Hickman, J.C. 1993. The Jepson Manual: Higher Plants of California. Berkeley, California: University of California Press. Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. Sacramento, California: California Department of Fish and Game. 156 pp. Jones & Stokes Associates, Inc. 1993. Methods used to survey the vegetation of Orange County parks and open space areas and The Irvine Company property. February 10. (JSA92-032.) Sacramento, CA. Prepared for County of Orange, Environmental Management Agency, Environmental Planning Division, Santa Ana, CA. Psomas. 2007. Biological Constraints Analvsis for the Proposed Sun .Juan Basin Recharge Basins. 2C Ranch/Trabuco Creek Restoration Plan 45 San Juan Capistrano, California 0 0 0 0 y o 0 0 0 o 0 E N NO n t'l O O N Q 0m RN q d M- 0 O .0 00 0 0 0 0 0 0 0 001 a o 08 O o 0 O O O O 0 0 0 0 0 0 r NO O O Oo nV a M FA f9 di to [7 f9 C f9 N �0 Z fA tl3 M e9 FA O O O O O O O O O O m 0 OO O a 0 00 N O O n M M N N N 0 N O » w O S O y O O O O O O O OO O O O O O O N 10 N O O m o O 00 O fA D1 N fA M aN m N fA N N O iA EH W to FA � N N � � O O O O O N j O CN'I INO O N e9 tl3 f9 O N � nj Q Vl f9 o O O o O O o _T N Y1 O 10 O M O] O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O OO O O O O O O O O N T O O O O O 10 O �O O M O O M m V] O O O N fA f9 O7 N N O O fA di t9 W N N fA N O O fA C'1 EA .- M N f9 f9 (O O OO O O O O O O O _ O0 N O O a o O o N N O M n o N m Q N NN �W O o O O O O OO O O L O' O O O O O O O O O O O 00 O 100 O O O O O O O P M to W N V m N N fA :A t9 (fl V � O r O O O O mO O O O 0 m O M m p N � �1 o O O o O O O O O O O O Z' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 10 N cd 6 0 In ri M ('l O O O ifI (O q N v I� � c0 W n O r 10 N ml c O a p O O O N J a0 O Q Us 'gym O r E E y Oo jo o a+ m C C m g c m 0° �{ 0 F m m m a c o. rn ad E m m g o m c m� a° m m a E o :° e m r m ¢ am o mQU my m= °Ya y U a o o S N o o U j 0 ry In E T 01 m > L y m U Q m O 0 cO m O m O m .0 0 0 0 v o o m E N n r d � 0 Oy O O O O 0 0 0 0 0 0 0 0 0 0 O O O O o O O 0 0 0 0 0 0 0 0 0 0 O O a E N OO o O O O 0 0 0 0 0 0 0 0 0 0 0 YJ O O O 0 0 0 0 o 0 o o N co h O O O O O <p O O 0 O O O N N N N O O O N N N� tD N O O OJ mO «l M f9 eA EA f9 E9 Q Rl f9 U3 M N O1 Z E9 fA M f9 U3 � O O O O O N O O OO O O O y O O O O O O E N O N O m d C m N Nm � V NW pGN N O O O O O O O O N 00 0 0 N 0 m O O O a mW NK Q N �A N fA N O O O O O O TN 00 O N O 0 O N � w O O O O O O O O h � N O O O O O O O O O O T N GO ON O o O O Kf 0 O lC O R O fA N m N N N SII m w Yi fA rW V f9 fA � fA N O O O O O O Q N O O O O N O O O O O O O O m o ry p OO O O O N O fA u0 N N 4 $' fV� NK � FA � Hi fA m O OO O O O O O d N N N O O a dN LL WK O O O O O O O O O O N O m O O O O O - 0 m m O CI � w✓i w NoO� T E N on rm > �O E -OoN 0j o o d QOE. 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C-1-2387 EXHIBIT B National Drug -Free Workplace Alliance DRUG-FREE WORKPLACE ACT OF 1988 THE FEDERAL LAW This law, enacted November 1988, with subsequent modification in 1994 by the Federal Acquisition Streamlining Act, (raising the contractor amount from $25,000 to $100,000), requires compliance by all organizations contracting with any U. S. Federal agency in the amount of $100,000 or more that does not involve the acquisition of commercial goods via a procurement contract or purchase order, and is performed in whole in the United States. It also requires that all organizations receiving federal grants, regardless of amount granted, maintain a drug-free workplace in compliance with the Drug -Free Workplace Act of 1988. The Law further requires that all individual contractors and grant recipients, regardless of dollar amount/value of the contract or grant, comply with the Law. Certification that this requirement is being met must be done in the following manner: By publishing a statement informing all covered employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the covered workplace, and what actions will be taken against employees in the event of violations of such statement. By providing ALL covered employees with a copy of the above-described statement, including the information that as a condition of employment on the Federal contract or grant, the employee must abide by the terms and conditions of the policy statement. For Federal contractors this encompasses employees involved in the performance of the contract. For Federal grantees all employees must come under this requirement as the act includes all "direct charge" employees (those whose services are directly & explicitly paid for by grant funds), and "indirect charge" employees (members of grantee's organization who perform support or overhead functions related to the grant and for which the Federal Government pays its share of expenses under the grant program). Among "indirect charge" employees, those whose impact or involvement is insignificant to the performance of the grant are exempted from coverage. Any other person, who is on the grantee's payroll and works in any activity under the grant, even if not paid from grant funds, is also considered to be an employee. Page 1 of 2 Revised. 03/032010 EXHIBIT B AGREEMENT NO. C-1-2387 EXHIBIT B Temporary personnel and consultants who are on the grantee's payroll are covered. Similar workers, who are not on the grantee's payroll, but on the payroll of contractors working for the grantee, are not covered even if physical place of employment is in the grantee's workplace. By establishing a continuing, drug-free awareness program to inform employees of the dangers of drug abuse; the company's drug-free workplace policy; the penalties for drug abuse violations occurring in the workplace; the availability of any drug counseling, rehabilitation, and/or employee assistance plans offered through the employer. By requiring each employee directly involved in the work of the contract or grant to notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not less than five (5) calendar days after such conviction. By notifying the Federal agency with which the employer has the contract or grant of any such conviction within ten (10) days after being notified by an employee or any other person with knowledge of a conviction. By requiring the imposition of sanctions or remedial measures, including termination, for an employee convicted of a drug abuse violation in the workplace. These sanctions may be participation in a drug rehabilitation program if so stated in the company policy. By continuing to make a "good -faith" effort to comply with all of the requirements as set forth in the Drug -Free Workplace Act. All employers covered by the law are subject to suspension of payments, termination of the contract or grant, suspension or debarment if the head of the contracting or granting organization determines that the employer has made any type of false certification to the contracting or grant office, has not fulfilled the requirements of the law, or has excessive drug violation convictions in the workplace. Penalties may also be imposed upon those employing a number of individuals convicted of criminal drug offenses as this demonstrates a lack of good faith effort to provide a drug-free workplace. The contract or grant officer may determine the number on a case-by-case basis. Employers who are debarred are ineligible for other Federal contracts or grants for up to five (5) years. Compliance may be audited by the Federal agency administering the contract or grant. The Drug-free Workplace Act does not require employers to establish an employee assistance program (EAP) or to implement drug testing as a part of the program. Source: Federal Registers April 11, 1988 & May 25, 1990 & the Federal Acquisition Streamlining Act of 1994 (FASA). Page 2 of 2 Revised: 03/03/2010 • AGREMENT NO. C-1-2387 EXHIBIT C LEVEL 1 SAFETY SPECIFICATIONS PART I — GENERAL 1.1 GENERAL HEALTH, SAFETY & ENVIRONMENTAL REQUIREMENTS A. The Consultants, its sub -tier Consultants, suppliers, and employees have the obligation to comply with all Authority health, safety and environmental compliance department (HSEC) policies, as well as all federal, state, and local regulations pertaining to scope of work, contracts or agreements with the Authority. Additionally, manufacturer requirements are considered incorporated by reference as applicable to this scope of work. B. Observance of repeated unsafe acts or conditions, serious violation of safety standards, non-conformance of Authority health, safety and environmental compliance department (HSEC) requirements, or disregard for the intent of these safety specifications to protect people and property, by Consultants or its sub -tier contractors may be cause for termination of scope, contracts, or agreements with the Authority, at the sole discretion of the Authority. C. The health, safety, and environmental requirements, and references contained within this scope of work shall not be considered all-inclusive as to the hazards that might be encountered. Safe work practices shall be planned and performed, and safe conditions shall be maintained during the course of this work scope. D. The Authority Project Manager shall be responsible to ensure a safety orientation is conducted for all Consultant personnel, sub -tier Consultants, suppliers, vendors, and new employees assigned to the project prior to commencement of the project. E. The Consultant shall ensure that all Consultant vehicles, including those of its sub -tier Consultants, suppliers, vendors and employees are parked in designated parking areas, and comply with traffic routes, and posted traffic signs in areas other than the employee parking lots. California Code of Regulations (CCR) Title 8 Standards are minimum requirements, each Consultant is encouraged to exceed minimum requirements. When the Consultant safety requirements exceed statutory standards, the more stringent requirements shall be achieved for the safeguard of public and workers. 1.2 HAZARD COMMUNICATION A. Consultant shall comply with CCR Title 8, Section 5194 Communication Standard. Prior to use on Authority property and, work areas Consultant shall provide the Authority Project Manager MSDS for all chemical products used if any. Hazard Dr project copies of Revised 6/28/10 PAGE 1 OF 2 EXHIBIT C AGPEEMENT NO. C-1-2387 EXHIBIT C B. All chemicals including paint, solvents, detergents and similar substances shall comply with South Coast Air Quality Management District (SCAQMD) rules 103, 1113, and 1171. 1.3 ACCIDENT INVESTIGATION A. The Authority shall be promptly notified of any damage to the Authority's property, or incidents involving third party property damage, or reportable and/or recordable injuries (as defined by the U. S. Occupational Safety and Health Administration) to Authority employees and agents; Contractor, vendor employees or visitors and members of the general public that occurs or arises from the performance of Authority contract work. A comprehensive investigation and written report shall be submitted to Authority's Project Manager within 24 hours of the incident. B. A serious injury or incident may require a formal incident review at the discretion of the Authority's Project Manager. The incident review shall be conducted within 7 calendar days of the incident. The serious incident presentation shall include action taken for the welfare of the injured, a status report of the injured, causation factors leading to the incident, a root cause analysis, and a detailed recovery plan that identifies corrective actions to prevent a similar incident, and actions to enhance safety awareness. 1.4 PERSONAL PROTECTIVE EQUIPMENT A. The Consultant, its sub -tier Consultants, suppliers, and employees are required to comply with the Authority's personal protective equipment (PPE) policy while performing work at any Authority facility, i.e. eye protection policy, hearing protection policy, head protection, safety vests, work shoe policy. B. The Consultant, its sub -tier Consultants, suppliers, and employees are required to provide their own PPE, including eye, head, foot, and hand protection, safety vests, or other PPE required to perform their work safely on Authority projects. The Authority requires eye protection on construction projects and work areas that meet ANSI Z-87.1 Standards. END OF SECTION Revised 6128{10 PAGE 2 OF 2 Mitigation Land Needed for 13 M2 Freeway Projects Acquire and/or Restore Land for Mitigation Program Description & Objectives The Orange County Transportation Authority's (OCTA) Mitigation and Resource Protection Program (Mitigation Program provides for allocation of at least five percent of the total Renewed Measure M (102) freeway budget for comprehensive environmental mitigation for the impacts from freeway improvements. The Mitigation Program was approved by Orange County voters under the M2 half -cent sales tax for transportation improvements in 2006. In August 2007, the OCTA Board of Directors (Board) approved a five-year M2 Early Action Plan, covering the years 2007 to 2012, to advance the implementation of several key M2 projects, including the freeway mitigation program. A master agreement between OCTA and state and federal resource agencies was approved in January 2010. This will offer higher -value environmental benefits such as habitat protection, connectivity and resource preservation in exchange or streamlined project approvals for the 13 M2 freeway projects. Environmental Oversight Committee The Environmental Oversight Committee (EOC) is responsible for making recommendations to the Board on matters related to the Mitigation Program. Comprised of 12 members, the EOC has been meeting on a monthly basis since November 2007. In January 2010, the EOC and the Board approved the Master Agreement and Planning Agreement to establish the process, roles, responsibilities and commitments for the preparation of the Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP). The NCCP/HCP process examines habitat resources within broad geographic areas and identifies conservation and mitigation measures to protect habitat and species. This process started in July 2010 and could take 18 to 4 months to complete, however, the Master Agreement includes an "advance credit" provision that could allow funds to be allocated prior to completion of the NCCP/HCP. Acquisition and Restoration Milestones The following steps outline the implementation process for land acquisition and restoration and the integration into the NCCP/HCP. These milestones were completed in 2009/10. • Independent assessment of all eligible properties that may be available for acquisition or restoration • A property ranking system and acquisition approach established and approved by EOC and Board in March 2010 • List of priorities for acquisition/ restoration funding established • Board approved expenditure of M2 environmental mitigation funds • Board approved program funding priorities during first half of 2010 (e.g. acquisition, restoration, and management) • Board approved suite of restoration projects for funding in September 2010. Next Steps for 2010/11 • Advanced mitigation credits determined by California Dept. of Fish and Game (CDFG) and U.S. Fish and Wildlife Service (USFWS) via assurance letters during second half of 2010 and early 2011 • Land appraisals and economic assessment of properties conducted second half of 2010 and early 2011 • Align property purchases with commitments of NCCP/HCP • Acquisition offers/grant recommendations made and reported to EOC, T2020, and approved by Board • Hold public meeting for NCCP/HCP planning process • Restoration project sponsors to prepare and complete restoration plan and secure grants agreement • Reconciliation of CDFG, USFWS, OCTA, and community priorities in coordination with Caltrans • List of priorities for acquisition/ restoration funding established • Land appraisals and economic assessment of properties conducted • Offers/grant recommendations made and reported to EOC, T2020, and approved by Board • Align property purchases with commitments of NCCP/HCP Contact us To learn more, visit the OCTA website at www.octa.net/environmental or contact Marissa Espino at (714) 560-5607 or mespino@octa.net. Orange County Transportation Authority 550 S Main Street. P.O. Box 14184. Orange, CA 92863-1584 • (7 14) 560-OOTF ATTACHMENT 2 1/18/2011 MEMORANDUM G2b TO: Joe Tait, City Manageo,.; FROM: Grant Taylor, Development Services Director SUBJECT: Consideration of a Contract with Orange County Transportation Authority (OCTA) for $1,500,000 in M2 Environmental Mitigation Restoration Funds for Implementing the City's 2C Ranch/Trabuco Creek Habitat Restoration Plan. RECOMMENDATION By motion, authorize the City Manager to execute an agreement with the Orange County Transportation Authority (OCTA) for $1,500,000 in M2 Environmental Mitigation Restoration Funds for Implementing the City's 2C RanchtTrabuco Creek Habitat Restoration Plan. SITUATION At their September 27, 2010 Board of Directors meeting, the Orange County Transportation Authority (OCTA) awarded the City a $1,500,000 Measure M2 Habitat Restoration Grant which would allow the City to fund implementation of the City's 2C Ranch/Trabuco Creek Habitat Restoration Plan. The City's former Open Space Committee and City Council directed staff to pursue application to Measure M for both open space land acquisition grants and habitat restoration grants as part of a broader strategy to enhance and expand the City's Northwest Open Space land holdings. The 2C Ranch/Trabuco Creek Habitat Restoration Plan encompasses roughly 53 acres of land on the 2C Ranch and along portions of Trabuco Creek (please see page 7 of the attached restoration plan which identifies the limits of the restoration project by "cross- hatching"). Staff recommends that the City Council authorize the City Manager to execute an agreement with the Orange County Transportation Authority (OCTA) for $1,500,000 in M2 Environmental Mitigation Restoration Funds for implementing the City's 2C Ranch/Trabuco Creek Habitat Restoration Plan (see Attachment 1, Draft Orange County Transportation Authority & City of San Juan Capistrano Grant Agreement). BACKGROUND In 2006, Orange County voters approved "M2", the renewal of the 1990 Measure M freeway and arterial street improvement funding program financed through a half -cent sales tax increment. Measure M2 is projected to raise $11.8 billion over the next 30 years. Agenda Report • • Page 2 January 18 2011 In 2008, the Orange County Transportation Authority (OCTA) Board allocated $243.5 million, or approximately 2% of the total anticipated "M2" funds, to mitigate the environmental impacts of freeway improvements through the Mitigation and Resource Protection Program (MRPP). These funds are to be allocated through a competitive review process which will provide comprehensive, rather than piecemeal, mitigation for OCTA's transportation improvement impacts. The program is administered by OCTA's Environmental Oversight Committee (EOC) which makes recommendations to the OCTA Board of Directors on the implementation of the program (see Attachment 2, Overview of OCTA's Mitigation and Resource Protection Program). Derek Ostensen, of Derek Ostensen & Associates, the City's open space & conservation consultant, has been instrumental in securing OCTA's commitment for this significant habitat restoration funding. As a requirement of the restoration funding award, Mr. Ostensen has prepared the 2C Ranch/Trabuco Creek Habitat Restoration Plan which establishes a five year implementation plan for the restoration improvements (see Attachment 3, 2C Ranch/Trabuco Creek Habitat Restoration Plan). The 2C Ranch/Trabuco Creek Habitat Restoration Plan was designed in close collaboration with OCTA and its wildlife agency partners, who oversee all Measure M -funded acquisitions and restorations. Award of the OCTA funds and implementation of the 2C Ranch/Trabuco Creek Habitat Restoration Plan will provide substantial open space benefits, including improvement of public trails, enhancement of open space viewsheds, removal of significant litter and debris from public wilderness areas, increased wildlife and biodiversity and improvement of water quality and sensitive natural resources. In addition to these benefits, It is also important to note that the 2C Ranch/Trabuco Creek Habitat Restoration Project will enhance the City's ability to obtain acquisition grants to purchase additional open space properties in the Northwest Open Space. Restoration projects increase the habitat value of the Northwest Open Space, thereby strengthening the City's competitive ability to receive resource and habitat -oriented acquisition grants, such as Section 6 funding from US Fish and Wildlife or Measure M acquisition funding. Derek Ostensen & Associates, under contract to the City, has also managed the City's application to OCTA for Measure M2 funding of several potential property acquisitions. On a related Open Space topic (but not part of tonight's action on this agenda item), in January 2010, OCTA's Environmental Oversight Committee (EOC) issued property acquisition recommendations including consideration of funding for acquisition of the 68 -acre Saddleback Valley Christian School property (#68) situated on the west side of Trabuco Creek. Out of more than 100 candidate properties considered for Measure M acquisition funding, the Saddleback property was scored into the highest category, Group 1, which features only 19 other candidates. Although the M2 program does not require a match, funding agencies and our consultant advised us that the provision of a match would substantially increase the likelihood of the City securing an award of acquisition funding. On March 2, 2010, the City Council conceptually approved allocation of a $500,000 match from the City's open space bond proceeds for Agenda Report • • Page 3 January 18, 2011 acquisition of the Saddleback Valley Christian School (see Attachment 4, City Council March 2, 2010 Minutes). The previously taken City position of interest in more than one San Juan Capistrano project has synergistically helped increase funding interest. by other agencies. FINANCIAL CONSIDERATIONS OCTA's $1,500,000 habitat restoration and enhancement award does not require a commitment of City matching funds. However, the City has supplemented the scope of the restoration plan to include funding from the following three sources: • A $150,000 contract with Caltrans approved by City Council in July 2010 to fund habitat restoration improvements along Trabuco Creek. • A $100,000 Year 2009 Habitat Conservation Fund Program grant. • A potential $100,000 Orange County Conservation Corps CALGRIP (California Gang Reduction, Intervention & Prevention) Grant for trail improvement and habitat restoration labor (Note: the OCCC work proposal that would be funded in -part by this grant will be reviewed and considered for potential approval by the City Council in February.) Between the $1.5 million OCTA restoration award, the $150,000 Caltrans funds, the $100,000 State Habitat Conservation Fund Program grant, and the $100,000 Conservation Corps grant, the implementation of the restoration project will be fully grant funded and will not require any direct, out-of-pocket restoration costs by the City. Development Services Department and Administrative Services Department staff have conducted several budget coordination meetings to assure that all restoration project costs are grant -funded and result in no direct, out-of-pocket costs to the City. PUBLIC NOTIFICATION Public notification is provided through posting of the meeting agenda. RECOMMENDATION By motion, authorize the City Manager to execute an agreement with the Orange County Transportation Authority (OCTA) for $1,500,000 in M2 Environmental Mitigation Restoration Funds for Implementing the City's 2C Ranch/Trabuco Creek Habitat Restoration Plan. Agenda Report • Page 4 January 18 2011 Respectfully submitted, Grant Taylor Development Services Director Prepared by: flX William A. Ramsey, AICP Principal Planner Attachment: 1, Draft Orange County Transportation Authority & City of San Juan Capistrano Grant Agreement. 2, Overview of OCTA's Mitigation and Resource Protection Program. 3, 2C Ranch/Trabuco Creek Habitat Restoration Plan. 4, City Council March 2, 2010 Minutes. 0 ATTACHMENT 1 0 DRAFT ORANGE COUNTY TRANSPORTATION AUTHORITY & CITY OF SAN JUAN CAPISTRANO GRANT AGREEMENT TO BE DISTRIBUTED SEPARATELY Mitigation Land Needed for 13 M2 Freeway Projects Acquire and/or Restore Land for Mitigation Program Description & Objectives The Orange County Transportation Authority's (OCTA) Mitigation and Resource Protection Program (Mitigation Program provides for allocation of at least five percent of the total Renewed Measure M (M2) freeway budget for comprehensive environmental mitigation for the impacts from freeway improvements. The Mitigation Program was approved by Orange County voters under the M2 half -cent sales tax for transportation improvements in 2006. In August 2007, the OCTA Board of Directors (Board) approved a five-year M2 Early Action Plan, covering the years 2007 to 2012, to advance the implementation of several key M2 projects, including the freeway mitigation program. A master agreement between OCTA and state and federal resource agencies was approved in January 2010. This will offer higher -value environmental benefits such as habitat protection, connectivity and resource preservation in exchange or streamlined project approvals for the 13 M2 freeway projects. Environmental Oversight Committee The Environmental Oversight Committee (EOC) is responsible for making recommendations to the Board on matters related to the Mitigation Program. Comprised of 12 members, the EOC has been meeting on a monthly basis since November 2007. In January 2010, the EOC and the Board approved the Master Agreement and Planning Agreement to establish the process, roles, responsibilities and commitments for the preparation of the Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP). The NCCP/HCP process examines habitat resources within broad geographic areas and Identifies conservation and mitigation measures to protect habitat and species. This process started in July 2010 and could take 18 to 4 months to complete, however, the Master Agreement includes an "advance credit" provision that could allow funds to be allocated prior to completion of the NCCP/HCP. Acquisition and Restoration Milestones The following steps outline the implementation process for land acquisition and restoration and the integration into the NCCP/HCP. These milestones were completed in 2009/10. • Independent assessment of all eligible properties that may be available for acquisition or restoration • A property ranking system and acquisition approach established and approved by EOC and Board in March 2010 • List of priorities for acquisition/ restoration funding established • Board approved expenditure of M2 environmental mitigation funds • Board approved program funding priorities during first half of 2010 (e.g. acquisition, restoration, and management) • Board approved suite of restoration projects for funding in September 2010. Next Steps for 2010/11 • Advanced mitigation credits determined by California Dept. of Fish and Game (CDFG) and U.S. Fish and Wildlife Service (USFWS) via assurance letters during second half of 2010 and early 2011 • Land appraisals and economic assessment of properties conducted second half of 2010 and early 2011 • Align property purchases with commitments of NCCP/HCP • Acquisition offers/grant recommendations made and reported to EOC, T2020, and approved by Board • Hold public meeting for NCCP/HCP planning process • Restoration project sponsors to prepare and complete restoration plan and secure grants agreement • Reconciliation of CDFG, USFWS, OCTA, and community priorities in coordination with Caltrans • List of priorities for acquisition/ restoration funding established • Land appraisals and economic assessment of properties conducted • Offers/grant recommendations made and reported to EOC, T2020, and approved by Board • Align property purchases with commitments of NCCP/HCP Contact us To learn more, visit the OCTA website at www.octa.net/environmental or contact Marissa Espino at (714) 560-5607 or mespino@octa.net. Orange County Transportation Autbarity Iso S ly:,i!, stre, t. eo. Box 11181.Orange CA 92&63-1 saa • ;;1.1; -W OC ATTACHMENT 2 0 0 TABLE OF CONTENTS CHAPTER 1.0 PROJECT OVERVIEW/INTRODUCTION 5 1.1 Regional Site Map 6 1.2 Project Site Map 6.a 1.3 Percent Native Cover vs. Invasive Cover Map 6.b 1.4 Mapped Acreages of Restoration Efforts 6.c 1.5 Site Assessment Map - Vegetation 6.d 1.6 Site Assement Map - Vegetation (Detail) 6.e 1.7 Site Assessment Map - Sensitive Species 6.f CHAPTER 2.0 LAND OWNERSHIP/MANAGEMENT 7 CHAPTER 3.0 RESTORATION STRATEGY 8 CHAPTER 4.0 GOALS AND OBJECTIVES 8 CHAPTER 5.0 SUCCESS CRITERIA 9 CHAPTER 6.0 SITE ASSESSMENT 10 6.1 Sensitive Species Assessment 12 6.2 Invasive Species Assessment 12 6.3 Initial Mapping of Vegetation Communities 13 and Land Cover 6.4 Field Verification of Initial Mapping of 14 Vegetation Communities and Land Cover 6.5 Field Verification of Sensitive Species 16 6.6 Site Assessment Data Interpretation and 16 Analysis 6.7 Compilation of Vegetation Communities and 16 Land Cover 6.8 Compilation of Invasive Plant Species Data 17 6.9 Compilation of Sensitive Species Data 17 6.10 Wildlife Corridors and Linkages 18 6.11 Survey Limitations 19 CHAPTER 7.0 SENSITIVE SPECIES SURVEYS 19 7.1 Permitting 20 7.2 Restoration Activities Restrictions 21 CHAPTER 8.0 SITE PREPARATION AND INSTALLATION 22 2C Ranch/Trabuco Creek Restoration Plan 2 San Juan Capistrano, California 8.1 Grading 22 8.2 Soil Testing 23 8.3 Riparian Pre -Planting Invasive Species Control 23 8.4 Upland Pre -Planting Invasive Species Control 23 8.5 Irrigation 24 8.6 Vegetation Types 25 8.7 Planting Plan 26 8.8 Upland Restoration Planting Plan 26 8.9 Riparian Restoration Planting Plan 30 8.10 Source Materials 31 CHAPTER 9.0 MAINTENANCE PROGRAM 32 9.1 Erosion Control 32 9.2 Weed Control 32 9.3 Plant Protection 32 9.4 Trash and Debris Removal 33 9.5 Irrigation 33 9.6 Vandalism 33 9.7 Fire Suppression 34 CHAPTER 10.0 PROPERTY ANALYSIS RECORD 35 10.1 Long Term Management Tasks and Costs 36 CHAPTER 11.0 RESTORATION MONITORING PROGRAM 37 11.1 Habitat Monitoring 37 11.2 Frequency and Duration 37 11.3 Adaptive Management Plan 37 11.4 Photo -Monitoring 37 11.5 Native Species Monitoring 39 11.6 Invasive Species Monitoring 40 CHAPTER 12.0 CONTINGENCY MEASURES 40 CHAPTER 13.0 REPORTING AND DOCUMENTATION 41 13.1 Maintenance Reports 41 13.2 Annual Site Visits 41 13.3 Final Report 42 13.4 Data Documentation 42 2C Ranch/Trabuco Creek Restoration Plan 3 San Juan Capistrano, California 0 CHAPTER 14.0 REFERENCES CHAPTER 15.0 SITE PHOTOS 2C Ranch/'Crabuco Creek Restoration Plan San Juan Capistrano, California 0 44 46 0 10 1.0 Project Overview The City Parcel/Shea Restoration is located within the Trabuco Creek watershed in San Juan Capistrano, CA. The scope of the proposed restoration would entail removal of non-native invasive species, including arundo, artichoke thistle and mustard, and revegetation of native riparian and upland species in a 53 acre project area. The project will adhere to best -practices widely used in the restoration science field, as well as to the requirements stipulated in the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines. The project entails two contiguous, core areas comprising both upland and riparian habitat. The upland portion of the project consists of 40 acres of mild to steeply sloping topography that supports degraded coastal sage scrub habitat and a large population of invasive artichoke thistle and mustard. The area extends uphill from the Trabuco Creek riparian corridor to the Colinas ridgeline, where it connects to the Salt Creek Open Space Corridor, a permanent wilderness preserve and key wildlife corridor. The riparian portion of the project consists of 13 acres along Trabuco Creek and its associated transitional zones. Trabuco Creek, flows year round and is un - channelized as it passes through the project, providing a natural riparian environment conducive to numerous sensitive species. Vegetation on the creek banks and within the stream channel is a mix of native and non-native species. Native vegetation primarily consists of mulefat and willow scrub, with occasional sycamore trees, cottonwoods and scrub oak. Invasive vegetation features significant stands of arundo, as well as a small but growing area of tamarisk and pampas grass. The primary aim of restoration within the project site would be the removal and control of invasive, non-native plants across the entire restoration area , followed by the planting of native species so as to establish a more diverse habitat structure conducive to supporting an array of native plants and wildlife. In addition to the immediate habitat benefits of the project, the site has regional importance as part of the Trabuco Creek Wildlife Linkage, which connects Orange County's eastern and western wilderness preserves and supports key biodiversity and wildlife connectivity for a number of sensitive species. 2C Ranch/Trabuco Creek Restoration Plan San Juan Capistrano, California • 2.0 Land Ownership/Land Management and Experience The City of San Juan Capistrano owns and manages the entire property included in the proposed restoration. A conservation easement or other mutually agreed -to legal mechanism will be recorded for the property following restoration so as to ensure long term land use consistent with the project's restoration and mitigation intent. The City owns several thousand acres of additional open space throughout the City and maintains a well-regarded open space management track record. In addition to completing a number of restorations, the City has also taken significant steps to ensure that its open space is safeguarded from encroachments, infrastructure impacts and habitat degradation. The City has a solid history of effective open space management of large blocks of open space lands with biological resource value. The following are a few highlights from several decades of successful open space management. Management of the north and south public lands by the City has included the on-going, annual administration of an Artichoke thistle (Cynara cardunculus) eradication program. The City spends $ 400,000 annually on open space trails and maintenance, including the City's invasives eradication program. This program would be used in the continuing management and monitoring of the proposed restoration site and adjoining City lands so as to ensure full adherence to performance standards. In November 2008, the City's residents voted approval of a $30 million bond measure for the acquisition and stewardship of open space lands, which is indicative of the City and the community's commitment to open space even in the midst of a severe economic downturn. The City has worked to preclude cattle grazing activities on the north and south public lands to prevent the spread of invasive plants, especially Artichoke thistle but also other common invasives (i.e., tobacco, mustard, etc.). The City continues to actively enforce restrictions on the operation of motorized vehicles, primarily off-road motorcycles, to prevent damage to native habitat and disturbance to wildlife within City open spaces. Sheriff's deputies recently cited five persons for violating restrictions on the operation of off-road vehicles within City open space. The City secured the dedication of a habitat conservation easement to the California Department of Fish & Game for a large portion (about 56 acres) of the Ocean Pointe property to preserve existing coastal sage scrub (CSS) habitat and create additional habitat. The project also implemented a California native 2C Ranch/Trabuco Creek Restoration Plan San Juan Capistrano, California plant palette, one of the first in a residential community in Southern California. Since then, the City has worked with other residential subdivision developers (Woodbridge, William Lyon) to limit landscaping to a California native palette. The City recently completed construction of the Los Rios Community Park notable for its exclusive use of a California native plant palette. Between 1994 and 2004, the City implemented a 9.6 -acre riparian habitat restoration project along the Trabuco Creek Linkage extending from the existing Southern California Regional Rail Authority (SCRRA) railroad northeasterly to Camino Capistrano. Habitat cover and biological resources are performing very well and only small patches of non-native species are present, mainly arundo that washes down from the upper portion of the creek. Additional information on City management is readily available should you like to review further data and performance measures. 3.0 Restoration Strategy The project is best classified as a restoration, versus an enhancement or a habitat creation project. It will restore 53 acres of habitat that was previously healthy native vegetation but which has been degraded by invasive species, largely due to historic grazing of the property. Due to the significant percent cover of invasive species, at times 100% of plant cover across several contiguous acres, it is expected that the project will result in a substantial net gain in native habitat acreage. 4.0 Goals and Objectives The restoration project focuses on several key ecological priorities that will provide both local and regional benefits. These priorities closely align with the ecological and mitigation goals of the Measure M program. Goal: Improve habitat quality for riparian plants and wildlife species by increasing native habitat diversity, density, and structure within 13 acres of Trabuco Creek and associated transitional zones. • Objective 1: Remove 13 acres of invasive, non-native species including but not limited to arundo and tamarisk (Arundo donax and Tamarix ramossissima) within a one year time frame, plus remedial follow-ups over 5 years. • Objective 2: Remove scattered debris across 13 acres consisting of illegally dumped construction waste, concrete and general litter within a one year time frame, plus remedial follow-ups over 5 years. 2C Ranch/Trabuco Creek Restoration Plan San Juan Capistrano, California 0 • Objective 3: Maintain natural hydrology patterns across the site and enhance water quality for this important coastal watershed by removing selected debris and non-native species. • Objective 4: Plant 13 acres of appropriate native species, including those consistent with willow scrub and mulefat scrub riparian communities, within a one year period. Maintain consistent monitoring to determine success rates and replant additional plants as needed pursuant to adaptive management techniques. Goal: Improve habitat quality for coastal sage scrub plants and wildlife species by increasing native habitat diversity, density, and structure within 40 acres of upland hillside. Objective 1: Remove 40 acres of invasive, non-native species including but not limited. to artichoke thistle and mustard (Cynara cardunculus and Brassica spp.) within a one year time frame. Perform repeated remedial invasive removal follow-ups over 5 years. Objective 2: Restrict illegal public access through the site, particularly from mountain bikers, within a one year time frame and properly maintain approved, low -impact access through the site in perpetuity. Objective 3: Plant 40 acres of appropriate native species, including those consistent with coastal sage scrub communities, within a two year period. Maintain consistent monitoring to determine success rates and replant additional plants as needed pursuant to adaptive management techniques. Goal: Strengthen the critical Trabuco Creek Wildlife Linkage through the use of adaptive management techniques and comprehensive data collection. Objective 1: Establish comprehensive baseline data of entire 53 acre project area and relevant adjacent open space, including current species, likely wildlife movement patterns and habitat characteristics prior to beginning any restoration work. Objective 2: Comprehensively monitor restoration progress to identify changes in species populations, quality, diversity and movement. Objective 3: Combine continued data monitoring with adaptive management techniques to adjust restoration methodology to maximize project benefits to Trabuco Creek Wildlife Linkage and species. 5.0 Success Criteria The performance standards proposed for this restoration are as follows: 13 acre Willow Woodland, Riparian Scrub and Transitional Zone Area: Restoration plantings shall attain a minimum of 75% native cover after 3 years 2C Ranch/Trabuco Creek Restoration Plan San Juan Capistrano, California 0 0 and 90% cover after 5 years with less than 5% cover by non-native species and 0% cover by non-native invasives. The site shall have 90% of the species diversity of a nearby reference site. 40 acre Coastal Sage Scrub Area: Restoration plantings shall attain 50% native shrub cover after 3 years, and 75% native shrub cover after 5 years, with less than 5% cover by non-native species (except annual grassland, which will have less than 10% cover), and 0% cover by non-native invasives. The site shall have 90% of the species diversity of a nearby reference site. Species Success Criteria: The City contracted Dudek and Associates in 2008 to complete a habitat and wildlife study of the project area and adjacent open space. This study was completed in June 2008 and documented a number of sensitive species on or closely adjacent to the project site. This study has been expanded in recent months to incorporate additional biological baselines for plant and wildlife species, such as percent habitat cover suitable for sensitive species such as least Bell's vireo, thereby providing a more comprehensive foundation to assess species responses to habitat restoration. Continuing assessment will focus on demonstrating upward trends in presence, abundance, nesting/breeding activity, and/or diversity of selected target species or groups of species (e.g., riparian birds). Target species selection will focus on species that are indicators of habitat conditions, and may include covered species (as appropriate) and/or non -sensitive common species. Additional assessments will include review of conditions such as soil suitability, topography, hydrology and other characteristics noted in Section 2.6 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines. 6.0 Site Assessment A comprehensive site assessment has been completed identifying sensitive habitat, protected species, and invasive plants within the project area and adjacent lands. The site assessment included more than 15 site visits and extensive review of existing data and was enhanced by a $ 25,000 Dudek and Associates report evaluating specific vegetation and wildlife resources. Sources for sensitive plant and wildlife species information included the California Natural Diversity Data Base (CNDDB), species data provided by U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG) for endangered and/or threatened species potentially occurring within the study area, as well as the Orange County NCCP effort databases (the Central -Coastal Subregion and Southern Subregion). The CNDDB data review included a nine -quadrangle search of the following maps: San Juan Capistrano, San Clemente, Dana Point, Laguna Beach, Tustin, 2C RanchlTrabuco Creek Restoration Plan 10 San Juan Capistrano, California 0 0 Canada Gobernadora, Santiago Peak and EI Toro. Additionally, invasive plant species distribution within Oso and Trabuco watersheds was available from Dendra (2007). In addition to the sources noted above, the following literature and data were reviewed for the site assessment: Biological Reports • Dendra. 2007. Invasives Species Mapping Report and GIS Database. • Dudek. 2008. Monitoring Report (2007) for the Arroyo Trabuco Conservation Area (Lower Rosan Ranch) Off-site Wetland Mitigation Project, San Juan Capistrano, CA. • Psomas. 2007. Biological Constraints Analysis for the proposed San Juan Basin RechargeBasins. • Summers & Murphy. 2006. Pacifica San Juan Restoration Plan. • BonTerra Consulting. 2006a. Biological Constraints Survey for the Hsiao Williams Project Site in the City of San Juan Capistrano, Orange County, California. • BonTerra Consulting. 2006b. Results of Special Status Plant Surveys for the Hsiao- Williams Project Site in the City of San Juan Capistrano, Orange County, California. • BonTerra Consulting. 2006c. Results of Habitat Assessment for the Burrowing Owl on the Hsiao-Williams Project Site, City of San Juan Capistrano, Orange County, California. • BonTerra Consulting. 2006d. Results of Focused Presence/Absence Surveys for the Southwestern Willow Flycatcher and Least Bell's Vireo on the Hsiao-Williams Project Site, City of San Juan Capistrano, Orange County, California. • California Wildlife Ecology. 2004. Wetlands Determination for the City of San Juan Capistrano, Reservoir Canyon, 760 Zone SC -04 Water Reservoirs • City of San Juan Capistrano. General Plan. 1999. • Cathcart Garcia Von Langen Engineers. 1999. San Juan Creek Habitat Mitigation and Monitoring Plan, Corps of Engineers File No. 96 -00017 - LTM. GIS Data Topography - San Juan Creek (50- and 100 -foot scale AutoCAD files). Pictometry imagery and software (2008 seamless aerial photography, i inch pixel resolution; 2008 oblique photography). City GIS database layers (city boundary, creeks, hiking trails, HOA boundaries, city -owned lands, open space lands, and streets). 2C Ranch/Trabuco Creek Restoration Plan San Juan Capistrano, California 0 0 6.1 Sensitive Species Assessment The site assessment also included review of the listing packages for each endangered and threatened species, and CNDDB information regarding sensitive species and habitats known to occur in the region in order to determine a species potential to occur on site. The CNDDB was reviewed for all pertinent information regarding the localities of known observations of sensitive plant and wildlife species within the vicinity of the study area. The USGS topographic quadrangles that were searched included San Juan Capistrano, San Clemente, Dana Point, Laguna Beach, Tustin, Canada Gobernadora, Santiago Peak, and EI Toro. In addition, the Soil Survey of Orange County and Part of Western Riverside, California, (Wachtell 1978) was consulted in order to determine distribution of soils within the study area and habitat suitability for sensitive plant species. Sensitive plants reviewed include those listed by the USFWS, CDFG, and California Native Plant Society (CNPS) (particularly Lists 1A, 1 B, and 2). A literature review was conducted to determine the sensitive plant species that have the potential to occur within the region. Sources included the CNDDB species data provided by CDFG for endangered and/or threatened species potentially occurring within the region. Sensitive wildlife species reviewed include those species listed as endangered or threatened under the Federal Endangered Species Act (FESA) and the California Endangered Species Act (CESA), candidates for listing by USFWS or CDFG, and species of special concern as defined by the CDFG. Similar to sensitive plants, a literature review and CNDDB species data search were conducted to determine the sensitive wildlife species that have the potential to occur within the region. 6.2 Invasive Species Assessment Invasive plant species reviewed included those identified by the Cal -IPC for the State of California -Southwest floristic province. A search within the State of California -Southwest floristic province resulted in a database of plant assessment forms including, but not limited to artichoke thistle (Cynara cardunculus), arundo or giant reed (Arundo donax), black mustard (Brassica nigra), fennel (Foeniculum vulgare), hemlock (Conium maculatum), and tree tobacco (Nicotiana glauca). Three criteria ratings were applied to each invasive plant species: high, moderate, and limited rating invasive species. The criteria ratings as described within the Cal -IPC database are defined below. • High: These species have severe ecological impacts on physical 2C Ranch/Trabuco Creek Restoration Plan 12 San Juan Capistrano, California 0 0 processes, plant and animal communities, and vegetation structure. Their reproductive biology and other attributes are conducive to moderate to high rates of dispersal and establishment. Most are widely distributed ecologically. • Moderate: These species have substantial and apparent, but generally not severe, ecological impacts on physical processes, plant and animal communities, and vegetation structure. Their reproductive biology and other attributes are conducive to moderate to high rates of dispersal, though establishment is generally dependent upon ecological disturbance. Ecological amplitude and distribution may range from limited to widespread. • Low/Limited: These species are invasive but their ecological impacts are minor on a statewide level or there was not enough information to justify a higher score. Their reproductive biology and other attributes result in low to moderate rates of invasiveness. Ecological amplitude and distribution are generally limited, but these species may be locally persistent and problematic. A total of 25 invasive species were identified as a high rating, 57 as moderate, and 3 as a limited priority rating within the Southwest region. Additional information sources consulted included scientific journal articles, and historic and current aerial photographs, as appropriate. 6.3 Initial Mapping of Vegetation Communities and Land Cover The site assessment investigation was initiated by compiling a list of vegetation communities based on the original mapping effort and updates provided by Jones & Stokes (1993) during vegetation community and land cover mapping within the Orange County NCCP efforts. Plant communities not included in Gray and Bramlet (1992) and not descriptive enough (e.g., "mid -elevation chaparral') or too descriptive for the purposes of creating a general vegetation map (e.g., "non- jurisdictional mulefat scrub") were removed. Biologists conducted aerial interpretation of vegetation communities that encompassed the entire study area. True -color aerial photographic with a 6 -inch resolution were printed at 1:6,000 -scale (1 inch = 500 feet). Habitat associations and land cover types were mapped directly on the hard copy maps. The aerial interpretation was aided by previous vegetation mapping conducted in 2007- 2008 by Dudek on the Southern Subregion Habitat Reserve (SSHR), which occur immediately adjacent to the City. Aerial interpretation of invasive plant species was performed using ArcGIS software. Overhead and oblique aerial photography was taken in 2008 and 2C Ranch/Trabuco Creek Restoration Plan 13 San Juan Capistrano, California obtained by the City. Pictometery was used to identify invasive plant species that are listed as priorities by the Cal -IPC for the State of California -Southwest floristic province. The oblique imagery was viewable within the project -specific GIS database using a custom extension within ArcMap that greatly increases the usability of the oblique data. The tool provided views of moderately high- resolution oblique imagery from any cardinal direction, but only allowed identification of a few priority invasives: arundo or giant reed, pampas grass (Cortaderia jubata), and Mexican fan palm (Washingtonia robusta). The distribution of arundo throughout riparian areas within the City has been the focus of other efforts implemented at the County -wide, inter -jurisdictional level (Dendra 1997). Therefore, areas of arundo infestation were only mapped as vegetation communities if they met the planning -level or site-specific MMUs, or in locations where individuals were not previously identified as part of Dendra's work (2007). Imagery for the entire study area was available for photographic review. During the planning- level assessment, biologists used ArcGIS to zoom into locations of previously identified invasive plant species to build a visual signature, or catalog, of each priority invasive. Areas of previous infestation were then scanned to identify invasives. Invasive plant species were mapped on hard copy aerial maps as point locations to represent up to five individual species counts. If an area contained more than 20 individuals, a polygon was mapped. For the site- specific assessment, the entire Northwest Area, the imagery was systematically scanned with a greater attention to detail to identify distribution of invasive plant species. Aerial interpretation of sensitive species likeliness to occur within the study area was limited to coarse classification of species -habitat associations. Sensitive species prioritized for the investigation included all of the "focal species," "covered species" and "conditionally covered" species identified in the Orange County NCCP efforts (Appendix C). Additionally, previous documented occurrences of sensitive biological resources from the CNDDB, and special status or commonly accepted as regionally sensitive by the CNPS, CDFG, and USFWS were incorporated within the project -specific GIS and overlaid onto aerial photography. Biologists identified potential habitat for sensitive species during the aerial photographic review for both the planning -level and site- specific phase. 6.4 Field Verification of Initial Mapping of Vegetation Communities Prior to initiating the field mapping effort, a field manual was created that included the classification system and mapping protocols to ensure that data collection was uniform, replicable and reliable among surveyors. The field manual provided regional maps, explicit mapping methods, vegetation community descriptions, MMUs for each vegetation type, list of all Cal -IPC 2C Ranch/Trabuco Creek Restoration Plan 14 San Juan Capistrano, California 0 0 invasive plant species, and a list of the sensitive species prioritized for the investigation. Field maps were printed at a 1:6,000 scale (1 inch = 500 feet) of the study area, which consisted of a total of four 34- by 44 -inch sheets. Outlines of the original vegetation community and land cover polygons that were previously conducted by Dudek during the SSHR mapping efforts (with centrally labeled vegetation codes) were printed on aerial photographs. The city boundary, study area boundary (including a 0.25 -mile buffer around the open space project site, and undeveloped open space were outlined in different colors. In the field, the vegetation mapping team conducted field verification of the aerial interpretation mapping efforts for both the planning -level and site-specific phase. Biologists visited areas of concern or areas that were difficult to identify during the aerial photographic review. All mapping was done directly in the field onto the same 1:6,000 -scale (1 inch = 500 feet) aerial photographic base used during the aerial interpretation. Dominant plant species were used to determine the appropriate vegetation community or land cover. Latin and common names of plants follow Hickman (1993) and when not available in Hickman, common names foNow Simpson and Rebman (2001). Each polygon was labeled according to the appropriate habitat association using vegetation community acronyms developed from the OCHCS. Annual grasslands and Venturan-Degan transitional coastal sage scrub communities that were dominated by non- natives such as artichoke thistle and black mustard were mapped as being disturbed and were labeled dAGL or dCSS, respectively, directly onto the true -color aerial. Field verification was conducted over 100% of the project site and adjacent open space lands to accurately distinguish the more difficult scrub and chaparral at the habitat association level using the OCHCS. Biologists conducted field verifications of invasive plant species distribution identified during the aerial interpretation. Invasive plant species distribution was based on visual inspection viewed from roads, bridges, paths, and easily accessible areas. All mapping was done directly on the same field maps used for the vegetation association and land cover classification. Similar to the aerial interpretation process, invasive plant species were mapped using points to represent up to five individuals and polygons for more than 20 individuals. Each point or polygon location was labeled using a set of acronyms to identify priority Cal -IPC invasive plant species developed for the project and included in the field manual. Identification of invasive plant species was conducted on foot over 100% of the restoration project area. 2C Ranch/Trabuco Creek Restoration Plan 15 San Juan Capistrano, California 0 0 6.5 Field Verification of Sensitive Species During field verification of the initial vegetation mapping, biologists confirmed vegetation communities and land cover classifications and identified potential habitat for sensitive species. Distribution of previously documented occurrences of sensitive biological resources from the Orange County NCCP efforts and the CNDDB were visited. During the field mapping effort, sensitive plant and wildlife species observations were documented on the same field maps. Species identification and habitat associations were conducted on foot over 100% of the project area with particular attention on the riparian corridors associated with Trabuco Creek. All wildlife species observed on site were recorded during the field investigation; however, no focused surveys for sensitive wildlife species were conducted. 6.6 Site Assessment Data Interpretation and Analysis Following field mapping, data collected was recorded, digitized into GIS format, and compiled. The data interpretation and analysis conducted for each mapping product (vegetation communities and land covers, invasive plant species, and sensitive species) is explained in this section. Additionally, this section describes a preliminary evaluation of wildlife corridors within the study area that was conducted at the planning -level scale and based on the distribution of vegetation community and land cover classification. A total of five Vegetation Community and Land Cover Maps, four Invasive Plant Species Maps, and four Sensitive Species Maps were created from the data interpretation and analysis phase of the mapping effort. These maps have been referenced extensively throughout the OCTA grant application process and have been provided to OCTA staff and the Conservation Biology Institute. 6.7 Compilation of Vegetation Communities and Land Cover Data Once the mapping and field verification phase was complete, the vegetation communities and land covers were transferred to acetate and scanned at the original 1:6,000 scale (1 inch = 500 feet) by Scantech AE. The boundaries for the vegetation communities were converted into geo-referenced polyline features. Once the data was received from Scantech, biologists confirmed the accuracy of the digitized vegetation communities and performed edge -matching between sheets via heads -up digitizing. Biologists converted the polylines into polygons and performed a spatial join to link the vegetation polygons with the vegetation code attribution. All four maps were then combined into one GIS layer. An in-depth GIS analysis was performed on the dataset for quality assurance/quality control (QA/QC). The analysis included the removal of 2C Ranch/Trabuco Creek Restoration Plan 16 San Juan Capistrano, California 0 0 vegetation communities outside of the project boundary and the merging of adjacent polygons with the same attribution between sheets. Duplicate and overlapping polygons were corrected. Vegetation community and land cover attribution was re -checked and corrected, as appropriate. 6.8 Compilation of Invasive Plant Species Data Invasive plant species point locations and polygons were transferred to acetate and scanned at the original 1:6,000 scale (1 inch = 500 feet) by Scantech AE. The invasive plant species locations were converted into geo-referenced point and polygon features. Once the data was received from Scantech, biologists confirmed the accuracy of the digitized locations and invasive plant species polygons were created via heads -up digitizing. Where appropriate, biologists converted polylines into polygons and performed a spatial join to link the invasive plant species polygons with the invasive code attribution. The QA/QC GIS analysis included the removal or correction of duplicate and overlapping point and polygons features, as well as the confirmation of invasive plant species attribution. 6.9 Compilation of Sensitive Species Data Documented occurrences of sensitive biological resources from previous biological investigations conducted within the City, the Orange County NCCP efforts, and the CNDDB were compiled. Determinations were made regarding the potential for sensitive species to occur within the study area based on information gathered during biologist surveys including the location of the occurrence, vegetation community, current site conditions, past and present land use and a review of known locations based on the CNDDB (CDFG 2006). A habitat suitability assessment was conducted for the following focal, covered, conditionally covered, and planning wildlife species identified in the Orange County NCCP effort: • Coastal California gnatcatcher (Polioptila californica) • Cactus wren (Campylorynchus brunneicapillus couesl) • Orange -throated whiptail (Aspidoscelis [Cnemidophorus] hyperythra beldingl) • Arroyo toad (Sufo californicus) • Southwestern pond turtle (Emys [Clemmys] marmorata pallida) • Western spadefoot toad (Spea [Scaphiopus] hammondii) • least Bell's vireo (Vireo bellli pusillus) • Southwestern willow flycatcher (Empidonax traillii extimus) • Tri -colored blackbird (Agelaius tricolor) • Yellow warbler (Dendroica petechia) 2C RanctdTrabuco Creek Restoration Plan 17 San Juan Capistrano, California 9 0 • Yellow -breasted chat (Icteria virens). A habitat suitability assessment was conducted for the following focal, covered, conditionally covered, and planning plant species identified in the Orange County NCCP effort: • Coulter's saltbush (Atriplex coulten) • Thread -leaved brodiaea (Brodiaea filifolia) • Catalina mariposa lily (Calochortus catalinae) • Southern tarplant (Centromadia parryi spp. australis) • Small -flowered mountain mahogany (Cercocarpus minutiflora) • Tecate cypress (Cupressus forbesii) • Santa Monica Mountains dudleya (Dudleya cymosa ssp, ovatifolia) • Many -stemmed dudleya (Dudleya multicaulis) • Laguna Beach dudleya (Dudleya stolonifera) • Heart -leaved pitcher sage (Lepechinia cardiophylla) • Chaparral beargrass (Nolina cismontana) • Coast live oak (Quercus agrifolia) • Nuttall's scrub oak (Quercus dumosa) • California scrub oak (Quercus berberidifolia) • Coulter's matilija poppy (Romneya coulten). 6.10 Wildlife Corridors and Linkages Wildlife corridors are linear features that connect large patches of natural open space and provide avenues for dispersal or migration of animals, as well as dispersal of plants (e.g., via wildlife vectors). Wildlife corridors that function to convey multiple species are referred to as linkages. Wildlife corridors and linkages contribute to population viability in several ways: (1) they ensure continual exchange of genes between populations, which helps maintain genetic diversity; (2) they provide access to adjacent habitat areas representing additional territory for foraging and mating; (a) they allow for a greater carrying capacity; and (4) they provide routes for colonization of habitat lands following local population extinctions or habitat recovery from ecological catastrophes (i.e., the rescue effect). Habitat linkages are patches of natural habitat that join two larger patches of habitat. They serve as connections between habitat patches and help reduce the adverse effects of habitat fragmentation. Habitat linkages may serve both as habitat and avenues of gene flow for small animals, such as reptiles, amphibians, and rodents. Habitat linkages may be represented by continuous patches of habitat or by nearby habitat "islands" that function as stepping stones for dispersal and movement (especially for birds and flying insects). 2C RanchlTrabuco Creek Restoration Plan 18 San Juan Capistrano, California 0 0 Previous biological resource assessments (BonTerra 2006a -d) and analyses from the Orange County NCCP efforts pertaining to wildlife movement were compiled. A determination was made regarding the potential for portions of the study area to support wildlife movement via corridors or linkages based on information compiled from these assessments, as well as data gathered during the field surveys conducted as part of this investigation. Extensive documentation regarding the Trabuco Creek Wildlife Linkage has been previously provided to OCTA and the wildlife agencies. Accordingly, duplicate wildlife linkage data has not been included in this restoration plan. 6.11 Survey Limitations Field visits and surveys were conducted during daylight hours under weather conditions that did not preclude observation of common or special -status plant and wildlife species (e.g., surveys were not conducted during heavy fog or rain). Since field observations were conducted in September, spring -blooming herbaceous plants would not have been detected. A number of conspicuous, woody shrubs or perennial herbs would have been detected during these site visits if present on site. However, determining the presence or absence of other potentially occurring special -status plant species (i.e., annuals, inconspicuous perennial herbs, etc.) would require the completion of a spring/summer focused survey timed to coincide with the respective blooming periods to maximize detectability. Similarly, some migratory bird species and nesting raptors that may occur within the study area would not have been detected due to the seasonal timing of the field visits. 7.0 Sensitive Species Surveys As noted in the Site Assessment findings, the following species are known to occur within or adjacent to the project: • Coastal California gnatcatcher (Polioptila californica) • Arroyo toad (Bufo californicus) • least Bell's vireo (Vireo bellii pusillus) • Southwestern willow flycatcher (Empidonax traillii extimus) • Steelhead Trout (Oncorhynchus mykiss) Pursuant to the potential occurrence of these species, the restoration sites (or suitable habitat within the restoration sites) will be surveyed for noted species prior to the onset of restoration activities to ensure that no direct or indirect impacts will occur from project implementation. Surveys shall be conducted by a qualified biologist using agency -approved, species-specific survey protocols. If listed species are detected, the Project Sponsor will adhere to conditions in 2C Ranch/Trabuco Creek Restoration Plan 19 San Juan Capistrano, California 0 0 Sections 2.8.2 and 2.8.3 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines, as appropriate, including the preparation of a Species Protection Plan. If restoration activities occur subsequent to site preparation (e.g., remedial invasive species removal in year 3 or 4), a qualified biologist shall re -survey for listed species using agency- approved, species-specific survey protocols. If listed species are detected, the Project Sponsor will adhere to conditions in sections 2.8.2 and 2.8.3 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines., as appropriate, including the preparation of a Species Protection Plan. Breeding/Nesting birds. If vegetation removal or other activities that may result in the destruction of nests and death or injury of nestlings and fledglings will be conducted during the bird breeding season (March 15th to September 15th in riparian habitat and February 15th through August 31 st in upland habitat), breeding bird surveys will be conducted. These surveys will consist of at least three surveys conducted the week prior to conducting activities, with the last survey occurring within 2 days prior to commencement of work activities. If no breeding/nesting birds are observed and concurrence has been received from OCTA, work activities may begin. If breeding/nesting birds are observed, the measures described in 2.9.3 will be implemented. Southwestern Pond Turtle Pursuant to the Site Assessment findings that Southwestern Pond Turtles are unlikely to be found within or adjacent to the restoration site, surveys for this species will not be conducted unless the species is observed in the field. Bats The restoration project will not include any work at a bridge site. Accordingly, no surveys for bat species are planned unless the species is observed in the field. 7.1 Permitting Due to the presence of federally and/or state -listed species documented during the site assessment, the following conditions will apply pursuant to the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines: • The Project Sponsor shall consult with the appropriate agencies, as prescribed in Federal and State Endangered Species Acts, and obtain any necessary federal and/or state permits/authorizations prior to the 2C Ranch/Trabuco Creek Restoration Plan 20 San Juan Capistrano, California 0 0 onset of any restoration activities. Any unauthorized take of listed species may result in prosecution. The Project Sponsor shall be required to prepare a Species Protection Plan that contains specific measures to avoid, minimize, or mitigate impacts to listed species. The plan shall be submitted to OCTA with the Restoration Plan (if timing allows) or prior to initiation of any restoration activities, and will require OCTA review and approval prior to commencing work. If federally and/or state -listed species are found on or near the restoration area after the project has been initiated, the following conditions shall apply: The Project Sponsor shall cease work in the affected area and consult with the appropriate agencies, as prescribed in Federal or State Endangered Species Acts. If the work requires that the species be removed, disturbed, or otherwise impacted, the Project Sponsor shall obtain the appropriate federal and/or state permits/authorizations prior to re -starting work in the affected area. In addition, the Project Sponsor shall submit a Species Protection Plan to OCTA for review and approval. The Project Sponsor will also be responsible for obtaining any other resource agency permits applicable to any work related to restoration activities. Such permits may include compliance with CDFG Section 1600, and/or Army Corps of Engineers (ACOE) and Regional Water Quality Control Board Sections 401 and 404. 7.2 Restoration Activities Restrictions Where sensitive species may be directly or indirectly impacted by project implementation, the following species protection measures shall be implemented, as appropriate: 7.2.1 If threatened or endangered bird species are present in or adjacent to the restoration area, no work shall occur during the breeding season (March 15th through September 15th in riparian habitat and February 15th to August 31 st in upland habitat) to avoid direct or indirect (e.g., noise) impacts to listed species except as authorized by state and/or federal threatened/endangered species permits/authorizations which may be required prior to commencing restoration activities. 7.2.2 If breeding activities and/or active bird nests of unlisted bird species are located and concurrence has been received from OCTA, the breeding 2C Ranch/Trabuco Creek Restoration Plan 21 San Juan Capistrano, California 0 0 habitat/nest site shall be fenced or otherwise marked a minimum of 50 feet (250 feet for raptors) in all directions, and this area shall not be disturbed until the nest becomes inactive, or the young have fledged, are no longer being fed by the parents, have left the area, or will no longer be impacted by the project. 7.2.3 Where restoration activities may disturb nesting swallows on bridges, the Project Sponsor(s) shall avoid work March 15th through September 15th. If such a condition cannot be met, then prior to March 1 st of each year, the Project Sponsor(s) shall remove all existing nests which would be impacted by the project. The Project Sponsor(s) shall continue to discourage new nest building in places where they would be disturbed using methods approved by OCTA. Nest removal and hazing must be repeated at least weekly until restoration activities begin or until a swallow exclusion device is installed. The exclusion device must provide a space of four to six inches for the passage of snakes at the bottom edge. Nests must be discouraged throughout the restoration implementation phase. At no time shall occupied nests be destroyed as a result of project implementation. 7.2.4 If southwestern pond turtles are present in or adjacent to the restoration area, impacts to turtle habitat in wetlands or uplands from project implementation shall take place outside the breeding period (April -August). 7.2.5 If bats are present in or adjacent to the restoration area, OCTA shall be notified and provisions for their protection/conservation will be discussed. If loss of significant bat roosting habitat occurs due to the implementation of the project, the Project Sponsor(s) shall institute protection measures including the installation of roosting structures below the deck at OCTA approved locations. 7.2.6 If work is performed within any stream channel during the winter storm period, the Project Sponsor(s) shall monitor the five day weather forecast. Where the forecast indicates precipitation, the Project Sponsor(s) shall secure the site to prevent materials from entering the stream or washing downstream. The site shall be completely secured one day prior to precipitation, unless prior written approval has been provided by OCTA. During precipitation events, restoration activities are prohibited except for those activities necessary to secure the site. No work shall occur in areas containing flowing water until the flows have receded and the soil moisture content has stabilized. 8.0 Site Preparation and Installation 8.1 Grading No grading is planned as part of the restoration project. 2C Ranch/Trabuco Creek Restoration Plan 22 San Juan Capistrano, California 0 8.2 Soil Testing Soil testing may be conducted prior to and during installation to determine soil suitability and prescribe appropriate soil amendments (if necessary) to ensure adequate growing conditions. Soil testing may occur during the site preparation and/or restoration monitoring phases, and will include an assessment of soil texture, nutrients, pH, and compaction, among other factors. The upland area particularly will be evaluated to assess any areas of high clay content, which may determine a transitional CSS/grassland or native grassland palette for those areas. Existing soils maps will be consulted in this evaluation to guide decisionmaking. 8.3 Riparian Pre -planting Invasive Species Control Due to the mix of native vegetation and arundo in the riparian portion of the project, arundo removal will be conducted by hand tools and selected herbicide application only. Removal of root masses will not occur due to the soil and vegetation disturbance required for such work. Pursuant to standard arundo removal practice in sensitive areas, stands will be reduced to stumps and painted with herbicides approved for riparian use, whose excess (if any) degrades to water and other harmless ingredients within 48 hours. Significant care will be taken to ensure that adverse impacts to native species are avoided during both hand tool removal and herbicide applications. Limited stands of pampas grass will be addressed in the same manner as arundo. Arundo will be chipped on site into a non-viable size and spread onto the adjacent public trails. All other invasive species, as well as any herbicide - treated plant material, will be removed and disposed of at an appropriate offsite facility. Small areas of young tamarisk sprouts have been identified; however, it is anticipated that their removal by hand tools only, without the use of herbicide, will be sufficient due to their early stage growth and limited root structures. 8.4 Upland Pre -planting Invasive Species Control The upland portion of the site features substantial populations of artichoke thistle (Cynara cardunculus) and black mustard (Brassica nigra), at times consisting of 90-100% cover. Accordingly, it is anticipated that multiple grow and kill cycles will be needed to remove the considerable non-native seed bank in these areas. The "weed farming" method will be employed to reduce the non-native seed bank and invasive population to the point that native planting can commence. 2C Ranch/Trabuco Creek Restoration Plan 23 San Juan Capistrano, California 0 10 Weed farming includes a cycle of irrigation, weed germination, and weed removal that may be repeated up to 12 times or more as a means of reducing the weed seed bank. Mechanical clearing, mowing, and non -residual herbicides (e.g., Rodeo and/or Roundup) may be used to remove weed and exotic species, either in combination with weed farming or as an alternative where weed farming is not feasible. The weed farming process that will be employed is described as follows: 1. The site will be cleared of weeds with string trimmers or mowers. Cut vegetation (including stems and flowering heads) will be removed from the site and disposed of at an appropriate offsite facility. 2. In the absence of natural rainfall, the restoration area will be irrigated two times per week for a two week period using a temporary irrigation system, which will be a combination of water truck and hose irrigation for this project. Soils will be saturated to a depth of at least three inches during each irrigation cycle. 3. Germinated weeds will be mowed and/or treated with an appropriate post - emergent herbicide at the end of the first two week irrigation cycle. Dead vegetation will be removed from the site and disposed of at an appropriate offsite location. 4. The cycle of irrigation and weed removal, as described above, will be repeated at least three times, including the initial cycle. The cycle will be repeated during different seasons to ensure the removal of both annuals and perennials. The Project Sponsor will determine if further treatment is required to reduce the weed seed bank. At the time of planting, the Project Sponsor will assess whether any undesirable vegetation has become established in the restoration areas and whether additional eradication is necessary. Wherever feasible, pre -planting weed control will use mechanical methods such as removal by hand or string trimmers. Existing native species will be flagged prior to removal of invasives to avoid adverse impacts. If effective weed control cannot be attained through mechanical means, appropriate systemic non -residual herbicides will be applied by a licensed applicator under the supervision of the Project Sponsor. In some cases, herbicide application may be preferable to mechanical control, particularly where the latter results in excessive impacts to the soil profile. Weed species to be removed may include, but are not limited to, the species listed in Table 1 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines. 8.5 Irrigation One of the key assets of the proposed restoration area is its readily available 2C Ranch/Trabuco Creek Restoration Plan 24 San Juan Capistrano, California 0 9 water sources via several City -owned wells in the immediate vicinity. This convenient water source would primarily be used for the portion of the proposed restoration lacking immediate water sources. The riparian portion of the site will benefit from the year-round presence of water in Trabuco Creek. Local agencies will be consulted on water usage to avoid any adverse affects to local groundwater, though environmental impacts from water delivery are not anticipated. Due to the extremely high level of invasive seeds in the soil and the expense of irrigating such a large area with above -ground sprinklers, water trucks and hand watering will be used to water the upland restoration area. To support efficiency of watering, it is expected that a water main will be installed to reach a center point of the upland restoration. Flexible hoses will be tapped into the main water line as needed to facilitate more efficient hand watering by work crews and volunteer teams during the dry season. 8.6 Vegetation Types The following plant communities comprise the plant palettes for revegetation. The planting associations for this project are based on the Holland (1986) vegetation association concept. The species listed in a vegetation association are closely tied to a common set of soil and hydrologic factors. Coastal Sage Scrub Coastal sage scrub is dominated by a characteristic suite of low-statured, aromatic, drought -deciduous shrubs and subshrub species. Composition varies substantially depending on physical circumstances and the successional status of the habitat, however, characteristic species include California sagebrush (Artemisia californica), California buckwheat (Eriogonum fasciculatum), laurel sumac (Malosma laurina), California encelia (Encelia californica), and several species of sage (e.g., Salvia mellifera, S. apiana). Mule Fat Scrub Mule fat scrub historically occurrs in intermittent stream channels with a fairly coarse substrate. Mule fat is a key plant used by least Bell's vireo both for nesting and foraging. It grows rapidly and provides quick habitat benefits. Plants typical of mule fat scrub include mule fat (Baccharis salicifolia), Santa Barbara sedge (Carex babarae), arroyo willow (Salix lasiolepis) and sandbar willow (Salix exigua). 2C Ranch/Trabuco Creek Restoration Plan 25 San Juan Capistrano, California 0 0 Southern Willow Scrub Southern Willown Scrub forms dense thickets dominated by willows, which are typically too thick to allow much understory development. Scattered emergent cottonwoods and sycamores are common to this habitat type. Plants typical of southern willow scrub include sandbar and arroyo willows, black willow (Salix goodingii), and red willow (Salix laevigata). 8.7 Planting Plan Following soil testing, all plantings will occur between October 1 and April 30 to take advantage of winter rains. For areas with supplemental irrigation provided for container stock, planting (but not seeding) may occur into early spring depending on ongoing site assessment and adaptive management techniques. Container stock will be installed no later than April 30th, cuttings will be installed no later than February 1 st, and seed will be planted no later than December 31 St. Container stock will be sourced from seed obtained within ten miles of the site, from vegetation communities with strong similarities to the project site. 8.8 Upland Restoration - 40 acres Pursuant to several site assessments by restoration biologists, the following plant species are representative of the healthy coastal sage scrub communities immediately contiguous to the restoration site which served as appropriate reference sites. Scientific Name Common Name Artemisia californica California Sagebrush Malosma laurina Laurel Sumac Encelia californica California Encelia Eriogonum fasciculatum Flat -top Buckwheat Opuntia littoralis Coastal Prickly Pear Quercus agrifolia Coast Live Oak Baccharis pilularis consanguinea Coyote Bush Mimulus auriantiacus Monkey Flower Heteromeles arbutifolia Toyon Nassella lepida Foothill Needlegrass Rhus integrifolia Lemonade berry Salvia mellifera Black Sage Dudleya edulis Lady Fingers Dudleya lanceolata Coastal Dudleya Heteromeles arbutifolia Coastal Isocoma Due to the high level of invasive species in the upland area, the project will 2C Ranch/Trabuco Creek Restoration Plan 26 San Juan Capistrano, California 0 0 incorporate a staged installation of container plants and seed over several years with varying species and densities. This approach will allow for consistent, repeated invasive removal over a 2-3 year period, at a minimum, and will allow heartier native species to establish themselves in early years, thereby providing much-needed cover and increased survival rates for more delicate native species in years 2, 3 and 4. All plants and imprints will be inoculated and colonized with beneficial vesicular- arbuscular (VA) mycorrhizal fungi. For approval by the restoration project manager, the production nursery shall submit written certification that the plants have successful VA association. The written certification shall also provide a description of the nursery's mycorrhizal program. The substantial abundance of competing non-native, invasive seeds in the soil and the need for aggressive, repeated invasive removal over several cycles precludes the use of native seeding until the invasive seed bank can be sufficiently reduced. Once the non-native seed bank has been reduced to acceptable levels, a mix of native seeds collected from within 10 miles of the project site will be incorporated into the planting implementation. In addition to seeds of the CSS shrub species noted in the container planting plan, seeds of the following perennial and annual forbs will be considered for the planting palette as appropriate. Supplemental Seeding All species planted by container will also be represented in seed. In addition, the following species will be included in the native seed mix. Perennial Forbs Scientific Name Lessingia filaginifolia Lasthenia californica Dichelostemma capitatum Keckiella cordofilia Malocothrix saxatilis Annual Forbs Scientific Name Lotus purshianus Lupinus succulentus Lupinus bicolor 2C Ranch/Trabuco Creek Restoration Plan San Juan Capistrano, California Common Name Common Sandaster California Goldfields Blue Dicks Heart -leafed Penstemon Cliff Aster Common Name Spanish Lotus Arroyo Lupine Miniature Lupine 27 0 Lasthenia californica Eucrypta chrysantemifolia Cryptantha intermedia Upland Year 1 0 California Goldfields Common Eucrypta Popcorn Flower October - December 2011 Following the initial comprehensive invasive removal, removal of non -natives will continue in several grow and kill cycles, at approximately 4-6 week intervals. If invasive cover is reduced to an acceptable ratio, the first planting phase will commence after receiving 2" cumulative total rain. Plants will be installed from varying container sizes and seed and will be grouped according to existing conditions in contiguous reference sites of healthy CSS populations. Average distribution of plants is approximately 20' on center during this phase. Level dirt -berm watering basins, approximately 14" in diameter, will be established around each container plant to concentrate rainwater and allow for dry -season waterings. Each container will be installed with an identifying stake and plant protection to prevent vegetation loss due to herbivores. A pre - emergent herbicide will be applied 36" around each plant to reduce non-native germination that would adversely compete with the native planting. Quantity and species distribution per acre: Qty Scientific Name Common Name 150 Baccharis pilularis ssp. consanguinea Coyote Brush Equal number male and female plants. 150 Isocoma menzeizii Spreading Goldenbush 150 Artemisia californica California sagebrush 50 Malosma laurina Laurel sumac 20 Quercus agrifolia Coast live oak 10 Sambucus mexicana Mexican elderberry 30 Heteromeles arbutifolia Toyon 20 Rhus integrifolia Lemonade berry 10 Malacothamnus fascicularis Bush mallow 10 Opuntia littoralis Coastal prickly pear 2C Ranch/Trabuco Creek Restoration Plan 28 San Juan Capistrano, California 0 0 Upland Year 2 October - December 2012 Following continued, comprehensive invasive species removal, it is anticipated that non-native populations will be sufficiently reduced by Fall 2012 for a supplementary planting of several additional CSS species. Planting will occur by seed and 4" containers after 2" cumulative rainfall. Plants will be grouped according to existing conditions in contiguous reference sites of healthy CSS populations. Average distribution of plants is approximately 6-7' on center during this phase. Level dirt -berm watering basins, approximately 10" in diameter, will be established around each plant to concentrate rainwater and allow for dry - season waterings. Each plant will be installed with an identifying stake and plant protection to prevent vegetation loss due to herbivores. A pre -emergent herbicide will be applied 36" around each native plant to reduce non-native germination that would adversely compete with the native planting. Quantity and species distribution per acre: Qty Scientific Name 150 Encelia californica 20 Erigononum fasciculatum 20 Mimulus auriantiacus 200 Bacchads pilularis ssp. consanguinea Equal number male and female plants. 180 /socoma menzeizii 180 Salvia mellifera Common Name Coast sunflower Buckwheat Monkey flower Coyote brush Spreading Goldenbush Black sage A supplementalIp anting of 2.5" containers will also be installed_ Qty Scientific Name Common Name 400 Artemisia californica California sagebrush Upland Years 3 - 5 October 2013 - December 2015 Plant survival and growth rates will be closely monitored during years 1 and 2 so that additional plantings and invasive removal can be adapted to quickly 2C Ranch/Trabuco Creek Restoration Plan 29 San Juan Capistrano, California 0 respond to site conditions and ensure successful fulfillment of performance criteria and project objectives. Including adaptive plantings and forecasted survival rates, total container plants per acre at year 5 is expected to be approximately 3,000/acre with average spacing of 4' on center. Along with plants germinated from seeding activities and native volunteers, a broad diversity of species and targeted percent native cover is anticipated. 8.9 Riparian Restoration -13 acres Pursuant to site assessments by restoration biologists, the following plant species are representative of the healthy riparian and transitional zone communities immediately contiguous to the restoration site, which served as appropriate reference sites. Scientific Name Common Name Bacchafis salicifolia Mulefat Salix lasiolepis Arroyo willow Salix exigua Sandbar willow Salix goodingii Black willow Platanus racemosa Sycamore Populus trichocarpa Cottonwood Artemisia californica California Sagebrush Malosma laurina Laurel Sumac Eriogonum fasciculatum Flat -top Buckwheat Quercus agrifolia Coast Live Oak Baccharis pilularis consanguinea Coyote Bush Mimulus auriantiacus Monkey Flower Euphorbia misers Toyon Rhus integrifolia Lemonade berry Salvia mellifera Black Sage Riparian Year 1 January - February 2011 The primary objective for the riparian restoration will be to comprehensively remove the non-native species throughout the project area and allow the native communities to repopulate the site. It is anticipated that removal of the large stands of arundo, tamarisk and pampas grass will sufficiently reduce non-native competition with native species and expedite passive restoration of the site. Selected container plantings will be installed to support native colonization, especially in areas of the project site where passive restoration is less likely or may occur too slowly to fulfill performance criteria. 2C Ranch/Trabuco Creek Restoration Plan 30 San Juan Capistrano, California 9 Quantity and species distribution per acre: Qty Scientific Name 30 Salix exigua 10 Platanus racemosa 10 Populus trichocarpa Riparian Years 2 - 5 i Common Name Sandbar willow Sycamore Cottonwood October 2013 - December 2015 Riparian and transitional zone plant survival and growth rates will be closely monitored following initial plant installation in Year 1 so that additional plantings and invasive removal can be adapted to quickly respond to site conditions and ensure successful fulfillment of performance criteria and project objectives. 8.10 Source Materials All seeds and cuttings for revegetating the restoration site will be taken from genetically appropriate native communities within 10 miles of the project site. All plants will be grown by a native species nursery experienced in riparian and coastal sage scrub plant species specific to the project area. Once satisfactory weed control is obtained, which may take one or more seasons, plant growth will occur off-site in containers. Additional re -planting will occur in subsequent seasons as needed pursuant to plant survival rates and required performance criteria. 9.0 Maintenance Program A complete maintenance program will be implemented by the City, including fire suppression, erosion control, weed control, plant protection, debris removal and all other items noted in Section 3.2 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines. The general five-year maintenance schedule is presented in Table 5. This schedule may be modified by the biological monitor in order to address specific issues that may arise in any given year of the maintenance period. 2C Ranch/Trabuco Creek Restoration Plan 31 San Juan Capistrano, California 9 0 TABLE 1.0 FIVE YEAR MAINTENANCE SCHEDULE Tasks Year 1 Year 2 Year 3 Year 4 Year 5 Weeding 6 times 6 times 4 times 4 times 4 times Trash Removal As needed As needed As needed As needed As needed Irrigation As needed As needed As needed As needed As needed Plant Replacement As needed As needed As needed As needed As needed 9.1 Erosion Control Erosion control measures will be installed following removal of invasive plants to prevent adverse water, soil or runoff conditions. Drainage and sedimentation control devices will be routinely cleaned, maintained, and repaired, as necessary. The Project Sponsor or Maintenance Contractor will install additional erosion control devices where necessary. Once sufficient vegetative cover has developed to prevent erosion, the erosion control devices will be removed. 9.2 Weed Control Invasive species control constitutes one of the most essential components of the project and, as such, will be closely monitored and maintained throughout the duration of the project. Weeds will be controlled in the restoration area for a minimum of 5 years. Weeds will be removed mechanically, to the degree feasible. Where mechanical removal is ineffective or detrimental to the soil profile, herbicides shall be applied utilizing appropriate methodologies and application rates, as determined by the Project Sponsor and/or Maintenance Contractor. Follow-up foliar application of herbicide will be applied to any resprouting stems of invasive species in the restoration area approximately 5 to 7 weeks after the initial treatment. At a minimum, quarterly inspections and reapplication of herbicide, if necessary, shall be conducted for a period of 5 years. Weed control activities shall occur prior to seed set to prevent weed seed from contributing to the soil seed bank. Care will be taken to avoid native plantings during weed control activities. Spraying will not be done under windy conditions to avoid herbicide drift. 9.3 Plant Protection As detailed in the planting plan (Section 8), plant protection measures will be included throughout restoration areas where plant loss or damage from herbivores (e.g., rabbits, gophers, ground squirrels, deer) is likely. The need for additional plant protection will be adaptively assessed and adjusted accordingly. 2C Ranch/Trabuco Creek Restoration Plan 32 San Juan Capistrano, California After removal, plant protection devices shall be disposed of at an appropriate offsite facility. 9.4 Trash and Debris Removal Although trash and debris will be removed from the restoration area during initial site preparation, it is anticipated that ongoing trash and debris removal will be required (e.g., following rain events or weed control activities). The Project Sponsor or Maintenance Contractor will be responsible for removing trash and debris during the maintenance period. Garbage, debris, and noxious weed biomass will be removed from the restoration site and disposed of at an appropriate offsite facility. Dead or downed wood of native species will not be removed except as required for safety or flood control purposes. 9.5 Irrigation The Project Sponsor or Maintenance Contractor will be responsible for ensuring proper irrigation of plantings and maintaining all components of the temporary irrigation system at the restoration site. The irrigation system will be maintained and repaired as necessary during the period of use. When irrigation is discontinued, all irrigation equipment shall be removed from the site and disposed of at an appropriate offsite facility. Irrigation will be discontinued 2-3 years before the end of the 5 -year maintenance period. It is anticipated that in the first year following installation, plants will be irrigated at a frequency sufficient to keep soil within the root zone moist during the active growing season. In year 2, irrigation is anticipated to lessen, with frequency based on specific plant requirements. In year 3, it is anticipated that little to no irrigation shall be required. This schedule will be tailored as appropriate to changing site conditions and climatic patterns. Though it will likely be discontinued in Year 3, irrigation will remain on site for the duration of the project in order to respond as needed to urgent climatic conditions, such as excessive dry periods. 9.6 Vandalism The Project Sponsor or Maintenance Contractor will note any instance of vandalism and report occurrences to OCTA within 24 hours. Recommendations for the replacement of damaged plants and their protection shall be developed by the Project Sponsor and submitted to OCTA for review and approval. Remedial measures will be undertaken in a timely manner by the Project Sponsor. A description of all remedial actions will be included in the annual reports. 2C Ranch/Trabuco Creek Restoration Plan 33 San Juan Capistrano, California 0 0 9.7 Fire Suppression Consistent, comprehensive removal of invasives will be utilized throughout the restoration installation, thereby reducing the presence of highly flammable grasses, which are capable of spreading fire quickly across the landscape. In addition to appropriate site maintenance, the City has previously coordinated with the Orange County Fire Authority to establish fire prevention policies for the City's Open Space areas, including the restoration site. 9.71 Objectives and Guidelines of Project Site Fire Management Policies The objectives and guidelines of the project site's fire management policies are: • Prevention of catastrophic fires that substantially damage habitat resources and property. • Establishment of appropriate ingress and egress routes to ensure public safety in the event of a wildfire. • Enforcement, through controlled public access and patrols, of allowed and prohibited public uses to prevent accidental or intentional fire events. • Adherence to Best Management Practices (BMPs) for maintenance and management of project site and adjacent lands, including practicing appropriate Fire Avoidance Measures by staff or contractors during work in open space areas. 9.7.2 Prohibited Uses to Help Prevent Catastrophic Wildfires • Fires, camp stoves, barbecues or open flames • Public vehicular access • Camping • Night use • Motorized vehicles, including motorcycles or ORVs 9.7.3 Fire Prevention and Suppression Measures The project site and overall Northwest Open Space area incorporate a number of prevention and suppression tactics, including: • Several large fueibreaks 2C Ranch/Trabuco Creek Restoration Plan 34 San Juan Capistrano, California 0 • Emergency access roads • A flat, 4 -acre Staging Area for trucks and equipment • A helicopter landing area • Fuel management including removal of flammable invasive plants 9.7.4 Sensitive Resource Areas Areas featuring particularly sensitive resources will be properly flagged year- round to alert fire personnel to the presence of sensitive species. Fire personnel will be advised to avoid these areas during fire prevention measures to the best of their ability, while maintaining effective fire suppression tactics. 9.7.5 Road Maintenance The primary access road for emergency crews, Alipaz Road, is repaired and maintained by City crews to ensure effective emergency crew access to the project site and overall Northwest Open Space area. 9.8 Flood Control Flooding is a natural occurrence along stream channels. However, severe flooding that uproots establishing vegetation within restoration site and causes excessive erosion may hinder achievement of restoration -specific success criteria. The Project Sponsor will implement erosion control measures to the best of its capabilities in advance of flooding events to minimize damage to the restoration site. 10.0 Property Analysis Record (PAR) A number of appropriate land management responsibilities and related costs have been identified in the PAR to ensure long-term financial stability for the site and successful continuation of the restored resource values. The site currently features a number of effective management mechanisms that, to date, have encouraged responsible, low -impact public use of the property. These include City -maintained fencing surrounding the site, low -maintenance public trails, locked access gates and property oversight via City staff and Sheriff's deputies (on-call. An overview of expected costs related to long term management of the site is noted in the following table: 2C Ranch/Trabuco Creek Restoration Plan 35 San Juan Capistrano, California 0 0 10.1 Long -Term Management Tasks and Costs Task Specification Unit Unit Qty CosUUnitt Annual Cost HABITAT MAINTENANCE Exotic Plant Control Manual/Herbicide Contract 1 $ 6,000 $ 6,000.00 or Volunteer Events 1 $ 0.00 $ 0.00 Sub -Total $ 6,000.00 PUBLIC SERVICES Patrolling Patrol Hour 24 $ 35.00 $ 840.00 Trail Maintenance Hour 15 $ 35.00 $ 525.00 Sub -Total $ 1,365.00 GENERAL MAINTENANCE Debris Removal Collection Hour 10 $ 35.00 $ 350.00 Sub -Total $ 350.00 CONTINGENCY & ADMINISTRATION Administration City Staff $ 1,000.00 Contingency Contingency $ 3,000.00 Sub -Total $ 4,000.00 Total $ 11,715.00 2C Ranch/Trabuco Creek Restoration Ptan 36 San Juan Capistrano, California 0 0 11.0 Restoration Monitoring Program A complete monitoring program will be implemented by the Project Sponsor or its approved consultant, including photo, habitat, native species monitoring, and all other items noted in Section 4 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines. 11.1 Habitat Monitoring The purpose of restoration monitoring is to evaluate progress towards achieving success criteria and ultimately, project goals and objectives, through repeated observations or measurements. Where monitoring indicates that the project is under -performing, maintenance or management activities can be modified or adapted in a timely fashion to correct the deficiency (i.e., adaptive management). 11.2 Frequency and Duration Restoration monitoring has commenced prior to project implementation with the establishment of baseline conditions during the site assessment, detailed in Section 6. Monitoring will continue through each phase of the restoration, including invasive species removal, installation of plant materials and initiation of specific maintenance activities. It is expected that restoration monitoring will occur monthly during the first two years of the project and quarterly in remaining years to ensure acceptable weed control and successful plant survival/growth. 11.3 Adaptive Management Plan Adaptive management techniques will be employed for monitoring restoration progress and adjusting methodologies as needed. Utilizing the baseline site assessment, ongoing restoration monitoring will continuously update information that will inform adaptive management (e.g., qualitative and quantitative data collection), measure the success of specific restoration activities (e.g., vegetative growth, non-native species removal) and measure species response to restoration activities (e.g., distribution and abundance of target species). 11.4 Photo -monitoring Photo -monitoring stations (points, plots) will be established within the restoration site. Photo stations allow a photographic record to be developed over time, and are a valuable tool for monitoring change, as well as re -locating 2C Ranch/Trabuco Creek Restoration Plan 37 San Juan Capistrano, California transect or plot locations. For monitoring change, the ability to replicate conditions (e.g., location, direction, camera lens and angle) between years is particularly important; therefore, photo stations and photographs will be well - marked and documented, as follows: Photo station locations shall be recorded using a GPS device; in addition, the location shall be marked on a map and included with the annual and final reports. A photo log form shall be used for all photo documentation. The log shall include (but is not limited to) the following information: • Photographer name • Date of photo documentation • Photo station location (including GPS point) • Camera type and lens • Film type • Compass direction for each photograph • Height and angle or camera for each photograph Both the photo log for each photo station and all photographs taken at the station will be included in the annual and final reports. Photographs will be labeled and cross-referenced to the photo log. Video -monitoring may also be used to demonstrate the restoration progress and to make comparisons between before and after conditions. The following transect methodologies will be used for the restoration's two primary types of habitat: Riparian Habitat Permanent vegetation transects will be established perpendicular to the riparian corridor to collect quantitative data on species composition and structure (e.g., cover, height, development of multiple vertical layers) along each transect. Monitoring will measure foliage volume.at 1-m height intervals within 2 x 2-m plots, identify species contributing to the foliage volume, quantify recruitment of woody riparian tree and shrub species within 2 x 2-m plots along each transect, and measure heights and girths for the dominant riparian tree and shrub species along each transect. Coastal Sage Scrub Permanent vegetation transects will be established within scrub habitat to collect quantitative data (e.g., species richness, cover) along each transect and in quadrats. Transect monitoring will use a combination of ten 50-m point - intercept transects with 1 m x 1-m quadrats placed on alternate sides of the transect at 5 m intervals. Cover data will be collected at 1 m intervals along the 2C Ranch/Trabuco Creek Restoration Plan 38 San Juan Capistrano, California transect line. Species richness data will be collected within the quadrats and will be correlated with climatic conditions, particularly for annual species (Deutschman and Strahm 2009). When developing or refining methodologies for habitat monitoring, the following elements will be provided: • The type and number of sampling units (e.g., transects, plots, points) • The sampling unit size and shape • The placement of sampling units and whether they will be temporary or permanent • Sample data collection forms 11.5 Native Species Monitoring To assess continuing progress towards the goals of the restoration, the following target species or species groups are recommended for monitoring: Coastal California gnatcatcher (Polioptila californica) Riparian birds Coastal sage scrub birds Targeted species or species groups will be monitored annually to assess their distribution, relative abundance, and/or breeding activity. Surveys will be conducted according to standard survey protocols, where available. Surveys for riparian birds will be conducted along systematic survey routes, monitoring all portions of the riparian habitat. Monitoring will identify species using the habitat and their relative abundance, and quantify the number of nesting pairs of any sensitive riparian bird species (e.g., least Bell's vireo, southwestern willow flycatcher, yellow -breasted chat, Cooper"s hawk) using the habitat for nesting. Surveys shall be conducted at varying times of day between visits. The stream reach shall be monitored three times during January through mid-March, with at least a 7 -day interval between site visits. Surveys shall begin within 1 hour after sunrise and end by noon, and should not be conducted under extreme conditions (i.e., during heavy rain or when the temperature is >95°F or <40°F or with winds >10 mph). Taped vocalizations shall be used, as needed. Territories (singing males) and nest locations shall be mapped, and the nest fate recorded (i.e., determine number of eggs laid, nest parasitism rates, eggs or nests lost to nest predators, and number of chicks fledged). Surveys for upland birds (exclusive of those conducted using protocol surveys) shall be conducted by point counts 4 times per year (according to season), with each site visited 2 times per season. Point count monitoring shall record species and relative abundance within a given area, and counts shall begin at dawn. 2C Ranch/Trabuco Creek Restoration Plan 39 San Juan Capistrano, California 0 0 11.6 Invasive Species Monitoring Invasive plant species will be monitored as part of the Maintenance Program and during habitat monitoring. Where invasive plant species are determined to pose a threat to restoration success, remedial actions will be implemented, as discussed and documented in the appropriate reports. Invasive animal species will be monitored throughout the restoration project. Annual surveys will be performed for bullfrogs, cowbirds, and other invasive animal species that have the potential to significantly and negatively affect native wildlife. Surveys shall be conducted by walking through suitable habitat and mapping their distribution and relative abundance. Where invasive animals are determined to pose a threat to native species, recommendations for management will be included in the appropriate reports. 12.0 Contingency Measures If the project underperforms in any area, potential remedial actions may include (but are not limited to): • Replacement plantings • Remedial reseeding • Soil testing • Invasive control • Supplemental irrigation. In the event of a major fire or flood or other disturbance that substantially damages the restoration project, post -disturbance site conditions will be assessed as soon as the area is safe to access (e.g., the threat has passed). This site assessment will be documented in a letter report to OCTA with accompanying photographs. At a minimum, invasive species abatement practices will likely be initiated or increased to encourage natural recovery processes. If evidence of natural recovery, as defined by native species regeneration (e.g., seedlings, stump sprouting), is not observed within three months or one growing season of the disturbance, or if the recovery is deemed inadequate to meet the stated goals and objectives of the project, an analysis will be provided to OCTA detailing the cause of the failure. Following submittal of this analysis, the project sponsor will enter into consultation with the agencies to determine an appropriate course of action, including (but not limited to) remedial actions, adaptive management, and/or modified project goals and objectives. If fire or flood damages the restoration sits, the Project Sponsor will work with OCTA and the Wildlife Agencies to develop an adaptive management strategy 2C Ranch/Trabuco Creek Restoration Plan 40 San Juan Capistrano, California 0 0 that allows the restoration effort to move forward. This strategy may include (but is not limited to) post -disturbance monitoring, re -planting, and modified success criteria. 13.0 Reporting and Documentation Reporting will be fulfilled pursuant to Section 6 of the Measure M2 Environmental Mitigation Program Restoration Funding Guidelines. The Project Sponsor will submit reports to OCTA for review and approval according to the schedules below. In addition, the Project Sponsor will be responsible for any other reporting requirements necessitated by federal or state permits or authorizations. 13.1 Maintenance Reports The Project Sponsor, with input from appropriate contractors, will provide maintenance reports during the entire maintenance period. Maintenance reports will be prepared and submitted to OCTA and the Wildlife Agencies following each maintenance visit. Maintenance visits will be conducted a minimum of once monthly during the first year after installation and quarterly thereafter. Maintenance reports will be letter reports (unless specific issues dictate a longer report) and will include: • Person or person(s) conducting the maintenance • Date(s) of maintenance visits • General site conditions • Description of maintenance activities (e.g., irrigation maintenance, weed control, trash removal) and actions taken • Issues or problems requiring follow-up attention • Recommendations • Maintenance activities shall be summarized in the annual status report In addition, maintenance reports shall review the Maintenance Program budget, project schedule, and restoration site viability. Any proposed changes and/or recommendations shall be subject to review and approval by OCTA. 13.2 Annual Status Reports The Project Sponsor will provide OCTA and the Wildlife Agencies with an Annual Status Report (ASR) no later than January 31 of every year after project initiation and continuing until OCTA accepts the Final Report. The ASR shall present an overview of the restoration effort, focusing on year-to-date activities, and shall specifically address maintenance activities, monitoring methodologies and 2C Ranch/ rrabuco Creek Restoration Plan 41 San Juan Capistrano, California results, success criteria (as measured by plant survival, percent cover, or other parameters), remedial actions (including but not limited to replanting or reseeding), and recommendations for the following year. The ASR shall include the following: • A list of names, titles, and companies of all persons who prepared the content of the annual report and participated in monitoring activities for that year • A description of the existing conditions of the site the results of focused wildlife surveys • An analysis of all qualitative and quantitative vegetation monitoring data • The method used to assess these parameters • The number by species of plants replaced • Copies of all photo documentation • Maps identifying monitoring areas, transects, and planting zones • GPS points of all transect locations and photo documentation points • Discussion and recommendations • Copies of all permits, and any special conditions or letters modifying the original permit conditions • A description of the status of the restoration site and restoration activities, including actual or projected completion dates, if known • A table showing the implementation status of each restoration task • An assessment of the effectiveness (e.g., success criteria) of each completed or partially completed restoration task 13.3 Final Report Upon completion of the maintenance and monitoring programs, a Final Report will be provided to OCTA that summarizes methods, results, remedial actions, and adaptive management from all monitoring years. Appendices shall include all pertinent data and photo documentation. The Final Report shall serve as the complete record of the restoration project. The Final Report shall also include recommendations for long- term management of the restoration site. 13.4 Data Documentation The Project Sponsor will be responsible for maintaining and submitting project documentation to OCTA with all reports. Data to be submitted shall include maps (including GIS -generated maps where possible), quantitative monitoring data (including forms and field notes), photo documentation (photographs and accompanying photo logs) and video documentation (if applicable). Data will be provided in an electronic format, to the degree feasible. The Project Sponsor will maintain a record of maintenance and monitoring 2C Ranch/Trabuco Creek Restoration Plan 42 San Juan Capistrano, California 0 0 activities to assist in evaluating changes in resource status, and responses to remedial or adaptive management actions. Restoration status will be reviewed annually to inform the next year's restoration maintenance and management activities. 2C Ranch/Trabuco Creek Restoration Plan 43 San Juan Capistrano, California 0 14.0 References E BonTerra Consulting. 2006a. Biological Constraints Survey for the Hsiao-Williams Project Site in the City of San Juan Capistrano, Orange County, California. BonTerra Consulting. 2006b. Results of Special Status Plant Surveys for the Hsiao- Williams Project Site in the City of San Juan Capistrano, Orange County, California. BonTerra Consulting. 2006c. Results of Habitat Assessment for the Burrowing Owl on the Hsiao-Williams Project Site, City of San Juan Capistrano, Orange County, California. BonTerra Consulting. 2006d. Results of Focused Presence/Absence Surveys for the Southwestern Willow Flycatcher and Least Bell's Vireo on the Hsiao- Williams Project Site, City of San Juan Capistrano, Orange County, California. California Department of Fish and Game. 2003. "California Terrestrial Natural Communities Recognized by the CNDDB." California Department of Fish and Game, Wildlife Habitat Data Analysis Branch. Vegetation Classification and Mapping Program. http://www.dfg.ca.gov/whdab/pdfs/natcomlist.pdf. California Department of Fish and Game. 2006. Natural Diversity Data Base. Rarefind. Version 3.0.5. Computer database. September. California Native Plant Society. 2001. Inventory of Rare and Endangered Plants of California. Sixth edition. California Wildlife Ecology. 2004. Wetlands Determination for the City of San Juan Capistrano, Reservoir Canyon, 760 Zone SC -04 Water Reservoirs. Cathcart Garcia Von Langen Engineers. 1999. San Juan Creek Habitat Mitigation and Monitoring Plan, Corps of Engineers File No. 96 -00017 -LTM. City of San Juan Capistrano. General Plan. 1999. County of Orange and U.S. Fish and Wildlife Service. 2006. Southern Orange County Natural Community Plan/Master Streambed Alteration Agreement/Habitat Conservation Plan (Southern NCCP/MSAA/HCP). Part 1: Draft Southern NCCP/MSAA/HCP; Part III: Draft Implementation Agreement, and Part V: Technical Appendices. July. Dendra. 2007. Invasives Species Mapping Report and GIS Database. Dudek. 2008. Monitoring Report (2007) for the Arroyo Trabuco Conservation Area (Lower Rosan Ranch) Of Wetland Mitigation Project, San Juan Capistrano, CA. Gray, J. and D. Bramlet. 1992. Habitat Classification System Natural Resources Geographic Information System (CLS) Project. Prepared for the Orange County 2C Ranch/Trabuco Creek Restoration Plan 44 San Juan Capistrano, California Environmental Management Agency. Dudek, 2008. Vegetation Community and Land Cover, Invasive Plant Species and Sensitive Species Mapping with the City of San Juan Capistrano. Hickman, J.C. 1993. The Jepson Manual: Higher Plants of California. Berkeley, California: University of California Press. Holland, R. F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities o/ California. Sacramento, California: California Department of Fish and Game. 156 pp. Jones & Stokes Associates, Inc. 1993. Methods used to survey the vegetation of Orange County parks and open space areas and The Irvine Company property. February 10. (JSA92-032.) Sacramento, CA. Prepared for County of Orange, Environmental Management Agency, Environmental Planning Division, Santa Ana, CA. Psomas. 2007. Biological Constraints Analysis for the Proposed San Juan Basin Recharge Basins. 2C Ranch/Trabuco Creek Restoration Plan 45 San Juan Capistrano, California 0 0 m N 1n O n O N QN O 00 00 O 000 000 O O y o 00 0o O o00 oon o n n O 00 00 N �DNO OOP O Q > t9 t9 M 19 W tOY O � 2 in o o in o N oom N m IA N N U N 0 yN � d N H0N N Q N 0 n N f9 O N O M 01 N N ro �O � N N M NOM SOON � O -1 N O 00 O 00 00 00 O N O O 00000 NOm00 N M O O N N N O N O O N O_ M di N O t9 r- of N Q H 00 00 00 O 0o O 00 00 <N O NO P 00 NW 0o PW t+ew min m q O � eA t9 W P N N q r O ry M f9 OI O vi � N n` n d LL O O t0 O O P O O f ON o7 O O 00 p m q� 1IAA N MtA�M C hyo ace tUa-g NdyOCg0Q C L U EE yN OOSO Q2LLM_J0. 0 11 N O N a m OI N E ry w w U N Qd O O O O O O O O O O O ONO O O N O N O O O O 0000 O O O O O Ot0_000 O O m N O O OON NO O of N N E N N N .5; N 0 0 m M p m O N > N w w�w t9 wwa m f9 f9 i9 w» w N fq rn O � 2' N o N N N N N m f9 O N M N M N M f9 W W m Q V N O O N O N O y L N O M N O M N N N Q E N f9 W � IA q a en w d N O O O O N O N O N O O O O N N m � NW N b3 N ¢ O O N O N O N O eA N O M N NN Q r ry t9 t9 _- 1q N l ry N O N O N m N M OI N N d ry f9 IA IA � C � O �q 7 ry O O O O O O N O N O O N O O O 000 N O f9 N O M N NN O� O N 49 t9 � Yi f9 N � N O N N M f9 01 W N ¢ N O O O O O O O O N O N O N N O M O y N O O O V{ r M N N N W S W Q N O Q Mmm F9 19 cp M � N M N N O O O d H N � d LL O O O O O 0 0 0 0 0 O O O O M m O M M Ip N N r � o f9M19w .n mQ m n c ry w di M tN M„ W l M M C � p O O O OI W 0 p q W i `.9c mppc_ A Sia �n rn'cdy; c i7 o>y;aHUr m gUccc .. arn w aarcy o o _ E> i a: 00 H 11 0 m N M N d O p pp O p 0000 OpN 00 p �[] m 0 0 0 p O O O O p O m h O p W O O O O 0 O �➢ O O O O O N N M O w w w M do FM�wei nw vw w� m m n wr» O w n Z O O O N O M D O y N 0 a bi N N m 6 N d N j M f9 i9 fA � W � 3 N Q T M '1 N N N M m 1� N C1 O N w 7 O 0000 O 01t1 � 0 0000 � 0 om N Ni W NM f9 A M O O O N m rnn o M 19 19 F9 N n O � Q N N W NM W W h t W M u d 0000 N 00 u) 0000_ � Odin N � m m N O O Vi Vi q M d LL 0 o O O of m O C N N Vi N l M � C V L O _ p m a W O O 8 g U d E m n o mn i myon momd$E d3 W- a` d K mE�c m W 5 E CxLL��2W iac�a¢da`$i_ 0 pp a M W r O Ea w ww � do I.1N ON O p O O O O O O O O O M N O of Op 00 00000 OON N M M O 2 N M 00 M NNN (O N Y N Q X00 O O M m t9 1[I N m do w w nN N N M r N QN 0 O fA e- O VJ N M M_ � ry Y] OON O N M 10 10 M WrN (p N C C M f9 W i9 N J O w 'Y N O O N a O 0 0 O O O N O O N O M W Oq O t(I W r i0 N CO N � W N M N r r O n � Q N �O O O M Cl fH �O N N N Z' 00000 0 o N M � �0 rn r N o 2 g N q V �ONwn M » fn W N O d LL N ror X00 O � O m m O m C 0 N r 9 N 7 fA N C p > O N Q p_ 8� yp 0 C Nrn 02E od s a d ONYICC d ° «.. CO d F O d d o gn W m d > mw� n moV �$E o'3 Wq o. 0 0 d O Cc d C U C W y N amC°C<0' > ji n° 000 arno o .. L d d a 0 0 c O N E '$ C U �xLL � ALL` W d x 0 Eac�a ¢ NLL` Q�� �5m f N �fOV U F 0 d w a y m `o N d 00000 OOt7y0 [O O(p 000 OON N f7 (7 mo > N w w w O 2 0000 �n o o�n o p O o 0 o N o o m io p o w w w w w w w Y N O w y N m a m o w N y N d y th 1� N NI w OHO N Q N O O Cl m J O H w � N N o N M O m y CJ w 1� N w w NI ^w C r J O �! N � O O O Vl w r y N OJ >� y N gnw www w w N YI 1� n w N ¢ N � y y 00 O w w O N �} 1 N w O N uj � w 10 w w g N O J m 0000 h u1 C A y O w w y d N O LL y M w O N N N 7 O O c U � � O N C O >o o '0 m 9 '0 2 o 3a~ a e Y d N 0 m 4 C C �n JK O J w L rn O d �i C'YmOJSOCCC N .N dJCC a f' O O d n �xaLLSo N 1 O yyj h J•• E E > c01 o E U dy w FU t3� t0-,3 Council. Action: Moved by Council Member Nielsen,. seconded by Council Member Allevato, and carried unanimously not to consider adding speed humps at this time. G3. COMMUNITY DEVELOPMENT DIRECTOR a. $500,000 ALLOCATED IN OPEN SPACE BOND PROCEEDS AS A FUNDING MATCH FOR ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA), M2 PROGRAM ACQUISITION OF THE SADDLEBACK VALLEY CHRISTIAN SCHOOL PROPERTY (590.50) Steve Apple, Community Development Director, provided a staff report and responded to questions. Council Action: Moved by Council Member Nielsen, seconded by Council Member Hribar, and carried unanimously to allocate $500,000 in open space bond proceeds as a funding match for Orange County Transportation Authority (OCTA), M2 program acquisition of the Saddleback Valley Christian School property; with a cost to the City of 68 acres at $7,350 per acre. ORDINANCES: None COUNCILMANIC ITEMS: DISCUSSION ON THE RANCHO MISSION VIEJO RIDING PARK AT SAN JUAN CAPISTRANO — ITEM CONTINUED UNTIL THE AD-HOC COMMITTEE HAS TIME TO DO SUFFICIENT WORK IN ORDER TO BRING BACK A REPORT (600.30) Public Comment: ■ Dr. Julie Ryan Johnson, City resident, expressed gratitude to the Council for the purchase of the property; and spoke regarding the many uses for the park that can bring value to the community. Council Comment: • Preference in continuing the item until the Ad -Hoc Committee has an opportunity to further meet and prepare a report for the City Council. ■ Confident that the Ad -Hoc Committee would research and look at all opportunities and will bring back reports to the City Council in a regular basis in order for the City Council to make the best decisions for all the residents. ■ Glad that the City purchased the property, but not comfortable with number of restrictions; and need to do a thorough job in an open matter in order to gain confidence from the residents. Council Action: Moved by Council Member Nielsen, seconded by Council Member Hribar, and carried unanimously to continue the item until the Ad -Hoc Committee has time to do sufficient work in order to bring back a report. 14 3/2/2010 ATTACHMENT 4