11-0406_ORANGE COUNTY TRANSPORTATION AUTHORITY_Agreement2
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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,
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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
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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),
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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.
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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
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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
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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
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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.
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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
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8.1
Grading
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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
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9.4
Trash and Debris Removal
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9.5
Irrigation
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9.6
Vandalism
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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
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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
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CHAPTER 14.0 REFERENCES 44
CHAPTER 15.0 SITE PHOTOS 46
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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.
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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
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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.
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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
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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,
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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).
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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
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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
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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
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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.
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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
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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)
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• 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).
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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
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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
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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
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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.
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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.
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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
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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).
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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
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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
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Common Name
Common Sandaster
California Goldfields
Blue Dicks
Heart -leafed Penstemon
Cliff Aster
Common Name
Spanish Lotus
Arroyo Lupine
Miniature Lupine
27
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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
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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
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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.
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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.
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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.
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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.
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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
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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:
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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.
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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:
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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
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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.
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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
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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.
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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
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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,
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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
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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.
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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
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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
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7.1
Permitting
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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
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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
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CHAPTER 14.0 REFERENCES 44
CHAPTER 15.0 SITE PHOTOS 46
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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.
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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
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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.
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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
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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,
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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).
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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
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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
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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
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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.
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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
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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)
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• 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).
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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
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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
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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
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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.
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8.2 Soil Testing
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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.
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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
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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).
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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
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• 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
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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
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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
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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
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AGREEMENT NO. 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
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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
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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
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CHAPTER 14.0 REFERENCES
CHAPTER 15.0 SITE PHOTOS
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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.
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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
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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.
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• 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
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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,
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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).
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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
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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
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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
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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.
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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
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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)
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• 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).
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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
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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
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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
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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.
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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.
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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
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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).
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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