HomeMy WebLinkAboutEIA 92-09; CALAVERA HEIGHTS VILLAGES "Q", "S", "T"; Environmental Impact Report (EIR)S . S
Recording Requested By
and
When Recorded Mail To:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Mail Tax Statement To:
(same)
A.P.N. 168-050-01
Documentary Transfer Tax $j
- computed on the consideration or value ç
of property conveyed; OR
- computed on the consideration or value signature of declaranVagent
less liens or encumbrances remaining determining tax -- firm name
at time of sale.
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CYPRESS
VALLEY LLC, a California Limited Liability Company ("Grantor"), hereby grants to CITY OF
CARLSBAD, a California municipal corporation ("Grantee"), the real property in the City of
Carlsbad, County of San Diego, State of California, shown on attached Exhibit "A,"
incorporated herein by this reference.
This conveyance is subject to the provisions set forth in the Addendum to Grant Deed,
Exhibit "B," attached hereto and incorporated herein by this reference.
IN WIT1SS WHEREOF, this instrument has been executed this day of
________________ 1998.
Cypress Valley LLC,
a California limited liability company
By: McMillin Companies, LLC
a Delaware limited liability company
Its Managing Member
ts ES&4A.L'e. iM Ct F".4. Ad-
-1-
2/13/98
MAIL TAX STATEMENTS AS DIRECTED ABOVE
F-1
L
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On
appeared appeared
Notary Public, personally
7/ - , personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are sub-
scribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature
BARBARA R. KINTER
Commission #1071041
Z Notary Public - California
Z San Diego County
" My Comm. Expires Sep 4,1 ?
(Seal)
STATE OF CALIFORNIA
)
) ss.
COUNTY OF SAN DIEGO )
before Notary Public, personally
appeared (/27éJ1 çzL. /
personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they execut-
ed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument, the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
/
Signature 'A;d4csij L
rxfl BARBARA R
Notary Public - California
San Diego County
My Comm. Expires Sep 4.1999 Seal)
45600-27
2/13/98 2
. .
EXHIBIT "A"
PARCEL 1:
THAT PORTION OF LOT "D" OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE
PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF LOT "L" IN SAID RANCHO,
DISTANT THEREON NORTH 8904410011 WEST 1323.42 FEET FROM THE NORTHEAST
CORNER OF SAID LOT "L"; THENCE NORTH 00 0 10'20" WEST 72.64 FEET; THENCE
NORTH 88 0 25'20" WEST, 269.25 FEET; THENCE SOUTH 520181400 WEST, 85.89
FEET; THENCE SOUTH 13 0 35'40" WEST 40.00 FEET, MORE OR LESS, TO THE
NORTHERLY LINE OF SAID LOT 0 L"; THENCE ALONG SAID NORTHERLY LINE,
SOUTH 89044b00 EAST, TO THE POINT OF BEGINNING
EXCEPTING THEREFROM THAT PORTION LYING EASTERLY OF THE SOUTHERLY
PROLONGATION OF THE MOST EASTERLY LINE OF RECORD OF SURVEY MAP NO.
4610 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
MARCH 13, 1958.
PARCEL 2:
THAT PORTION OF LOTS "D" AND "L" OF RANCHO AGtJA HEDIONDA, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 0 L"; THENCE ALONG THE
SOUTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT '1 L", SOUTH
0 0 40'58" WEST 660.00 FEET TO A LINE WHICH IS PARALLEL WITH AND 660.00
FEET SOUTHERLY AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF SAID LOT
'L 0 ; THENCE ALONG SAID PARALLEL LINE NORTH 87 0 10' EAST 89.92 FEET TO
THE MOST WESTERLY CORNER OF LAND DESCRIBED IN DEED TO GEORGE W. TARRY,
ET UX, RECORDED SEPTEMBER 10, 1957 AS FILE NO. 136954 OF OFFICIAL
RECORDS; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID LAND, NORTH
73 0 10' EAST 1925.00 FEET TO AN ANGLE POINT AND NORTHEASTERLY IN A
STRAIGHT LINE TO A POINT IN THE EAST LINE OF SAID LOT "L", DISTANT
NORTH 0 0 45' WEST 575.00 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE
NORTH 0 0 45' WEST ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF SAID
LOT "L"; THENCE WESTERLY ALONG SAID NORTHERLY LINE OF SAID LOT "L" TO
AN INTERSECTION WITH THE EASTERLY BOUNDARY OF THE LAND DESCRIBED IN
PARCEL 1 IN DEED TO OCEANSIDE MUTUAL WATER COMPANY, RECORDED JULY 11,
1930 IN BOOK 1796, PAGE 142 OF DEEDS; THENCE ALONG SAID BOUNDARY,
SOUTH 15 0 35'40" WEST TO AN ANGLE POINT; THENCE CONTINUING ALONG THE
BOUNDARY OF SAID PARCEL 1 AS FOLLOWS:
SOUTH 58005I400 WEST 123.70 FEET; SOUTH 20 0 30'40" WEST 90.20 FEET;
SOUTH 47 0 33'30" WEST 346.14 FEET AND NORTH 58 0 19'20" WEST TO AN
INTERSECTION WITH THE WEST LINE OF SAID LOT "L"; THENCE SOUTHERLY
ALONG SAID WEST LINE TO THE POINT OF BEGINNING.
. .
ADDENDUM TO GRANT DEED (EXHIBIT "B")
BY THE DELIVERY AND ACCEPTANCE OF THIS GRANT DEED, Grantor and Grantee
agree as follows:
1. Grantor reserves the right to grant and/or dedicate a sewer easement, to a
public agency, over land described in Exhibit "C" and depicted in Exhibit "D" hereto, both
of which are incorporated herein. Grantee and its successors in interest agree to sign any
document necessary to effectuate such transfer.
2. Grantee represents, as the local agency with jurisdiction over this real
property, that (a) it requested that Grantor acquire the real property being granted, (b) it
requested that Grantor grant this real property to Grantee, and (c) pursuant to Government
Code §66428(a)(2) and City of Carlsbad Municipal Code §20.24.010(3), this grant does not
require a tentative, final, or parcel map pursuant to, and will not violate, the Subdivision Map
Act.
3. Grantor is the developer of a residential community within Grantee commonly
known as Calavera Hills (the "Community"). The Community is being developed in portions
known as "Villages." A "Mitigation Agreement" dated March 15, 1993, between Grantee and
Lyon/Copley Carlsbad Associates, L.P., Grantor's predecessor in interest, provided for this
conveyance and limits the use of the property being conveyed. Grantee, acting in both its
sovereign capacity as a government agency and its proprietary capacity, covenants, agrees
and acknowledges that:
The property being conveyed is intended to be used as a public
conservancy for Habitat Types and Sensitive Species, as defined in the
aforesaid Mitigation Agreement, and is to be used pursuant to the
Management Plan for the Calaveras Nature Preserve, as that
Management Plan exists and may be amended.
This grant satisfies the aforesaid "Mitigation Agreement." Grantee will
not require the grant or dedication of any additional property to
mitigate the biological impacts of development of Villages Q, S or T of
the Community or of the College Boulevard Expansion, as described
in the Mitigation Agreement.
Of this grant, 37.9 acres (the "Excess Mitigation Acreage") mitigates
more Coastal Sage Scrub and Chaparral than will be impacted by
Villages Q, S, and I and the College Boulevard Expansion, as
described in the Mitigation Agreement. Grantee will, to the greatest
extent within its authority, credit the Excess Mitigation Acreage
toward any additional mitigation required of Villages W, X, Y, H, K, L-2,
R and U in the Community pursuant to the Mitigation Agreement.
Grantee will make its decision on this possible credit no later than its
hearing on the last tentative subdivision map among these Villages.
II-
I''
45600-27
2/13/98
Addendum
-1-
ci
S .
/_) /,
Dated: / / j "Grantor"
Cypress Valley LLC,
a California limited liability company
By: McMillin Companies, LLC
a Delaware limited liability company
Its: Managing member
• _ __
- —
"Grantee"
CITY OF CARLSBAD, a California municipal
By:
ATTEST:
ALETHA RAUTENKRANZ, City Clerk
By: ?Jth
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
45600-27
2/13/98
Addendum
-2-
/O
.
.
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On before Notary Public, personally
appeared -L-' 'Zt. 'L/114
personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are sub-
scribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal
Signature 174,,(,'~ Z_ X~~
....
- --- - —0 — ~ ;
BARBARA R. KINTER
t) Notary Public - California
L!T 4etl)
STATE OF CALIFORNI )
ss.
COUNTY OFk )
On before Notary Public, personally
appeared
personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they execut-
ed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument, the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Signature
Commission #1O7lO4
Z Notary Public - California >
Z San Diego County
Mv Comm. Expires Sep 419c9aI)
45600-27
2/13/98
Addendum
-3-
/7
. .
Exhibit C
LEGAL DESCRIPTION
APN 168-050-01
SEWER EASEMENT
THAT PORTION OF LOTS 'DM AND 'Lo OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY, NOVEMBER 18, 1896, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 6 OF THAT LAND DESCRIBED IN
DEED TO CYPRESS VALLEY LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
RECORDED DECEMBER 19, 1997, FILE NO. 1997-0647243 OF OFFICIAL RECORDS;
THENCE ALONG THE WEST LINE OF SAID PARCEL 6, NORTH 0021 -43 EAST, (NORTH
0040'58 EAST PER DEED), 459.84 FEET; THENCE LEAVING SAID WEST LINE, SOUTH
10-43'2V EAST, 468.64 FEET TO THE MOST WESTERLY CORNER OF LAND DESCRIBED
IN DEED TO GEORGE W. TARRY, El UX, RECORDED SEPTEMBER 10, 1957, FILE NO.
136954 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID
PARCEL 6, NORTH 89'36'20 WEST, 90.12 FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.476 ACRE MORE OR
LESS.
I( LS. 5689J
Exp. 909
JOHN W. HILL, JR. L.S. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PACE 1QFI :OA McIMlin004AO1.doc / J WO 1a41.04 24I
LOT "0 -
'•:
P.o.a-
SW. COR#,R
PARCEL 6
APN 768-050-01
301 we pip WA
RE
—
— .-
U
— 441W 168-050-02
fe
41
_PORTION LOT ±i
PA A/Cl-JO A GLIA i4E010iV124
I MAP NO, 823
PARCEL 6 OF THAT LAND OESCRI.ND DEED RECORDED 12/79/1997. FiLE Na 1997-0641243
OP OfT?CML RECOROS
bwwray RLANOO(SCR, — - -
g36'20 ,,' I IN DEED TO GEORGE W. rARAY. ET LIX RECORDED N g0.1 9170157. FiLE NO. 136954 OP OFT1C4L REC0IW)S.
APN i-oo-so P OF' S MAP. iVO 14818
L1TD W P
,1
E'A7STJNC 60' IWOE EASEWT
RFcER'VfD FOR RM PIRMCM k 'i
RORX0 407 FXE no:
57674. B 1016, PG. 536 LE D: GEN K.
OFI?CL4L RECORDS, 4!(5 SEWER EML7#T
HUNSAKER
& ASSOCIATES
lalf b1l;O, INC
200 0 200 400 600 MAN" TO ftsolom 3L I& M
MUMMc
____________
S., Ca 1I 9C *N'P*1Il* SCALE 200'
r-- IiKsJZY;j.i.7T,J
fh1
Lap. 9-30-99
NO. 5669 1 i A/I
APPLICANT: PREPARED BY: - PROJECT: A.P.N.:
cMfl..LIN CMFMIES
2121 HIMAN AVE. 5EV/ER 168-050-01 P4ATI1AL CITY, CA 92050
j" W. HILL, JR. LS. 560 (5 is) 793-2150 4SEM&WT Exhib.it D - _________
0? 3 MAP AJO, 8818
LOT "0"
AM 168-050-29
ACCOUNT NO DESCRIPTION AMOUNT
O - _t - 1-3 p 000
1494 03/15/93 0001 01 05
Kp J 3 v ,9,r- ) /(') <k;9
Misc I0.7
f)
C
C I' / /fl 2ffrj If, 2 q 7
RECEIPT NO 19825 TOTAL //( ?7'1I/?
-a.---,. '-
'' €a8q4O 11,1) 1' 7 CITY OF CARLSBAD
1200 CARLSBA[, vILLAGE DRIVE CARLSBAD, L MJFORNIA 92008
438-5621
REC'D FROM H'// 1/ ,LIJ 7 DATE_____________
1494 03/15/93 0001 01 05
I
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008
438-5621
REC'D FROM_t4'j\/ L'f:/)iIIi v,V,r,6.5
!
1110. DATE
ACCOUNT NO. DESCRIPTION AMOUNT
- / F I 4 2
500
46 w2/9; C{)t 01 02
RECEIPT NO.16788 TOTAL 720
I E
EIA 92-09 VILLAGES 0 AND T - CHRONOLOGY
JULY 1992
SEPTEMBER 25, 1992
OCTOBER 19, 1992
NOVEMBER 24, 1992
Q AND T FINAL MAPS RECORDED WITH NOTE ATTACHED
TO DO ENVIRONMENTAL ASSESSMENT AND MITIGATION
OF COASTAL SAGE/GNATCATCHER HABITAT IMPACTS
LYON SUBMITTED ENVIRONMENTAL ASSESSMENT (EIA
92-09)
LYON INFORMED THE CITY THAT ON-SITE MITIGATION
EFFORTS WERE NO LONGER BEING PURSUED. AN OFF-
SITE MITIGATION SOLUTION WOULD BE PURSUED.
LYON PRESENTED AN OFF-SITE 110 ACRE MITIGATION
PARCEL TO THE CITY FOR CONSIDERATION TO MEET
THE OFF-SITE MITIGATION REQUIREMENT.
DECEMBER 11, 1992 CITY SENT LETTER TO LYON SUPPORTING THEIR OFF-
SITE MITIGATION EFFORTS AND THE MITIGATION
PARCEL PRESENTED. THE NEED TO SUBMIT A DRAFT
AGREEMENT/MAINTENANCE PLAN ASAP WAS
EMPHASIZED.
FEBRUARY 4, 1993 CITY RECEIVED FIRST DRAFT MITIGATION AGREEMENT
FROM LYON.
FEBRUARY 9, 1993 CITY RECEIVED FIRST DRAFT MAINTENANCE PLAN
FROM LYON.
FEBRUARY 11, 1993 PUBLIC REVIEW PERIOD STARTED FOR MITIGATED
NEGATIVE DECLARATION.
MARCH 4, 1993 END OF NEG. DEC PUBLIC REVIEW PERIOD.
MARCH 15, 1993 MITIGATION AGREEMENT SIGNED BY CITY AND LYON;
GRADING PERMITS FOR Q AND T ISSUED.
MARCH 22, 1993 CLEARING/ GRUBBING OF Q AND T COMPLETED BY LYON
MARCH 25, 1993 GNATCATCHER LISTED AS THREATENED UNDER THE
ENDANGERED SPECIES ACT BY THE DEPT OF INTERIOR
2.8 SUCCESS SJ)ANDARDS FOR THE REVEGETATION EFFORT
In the fall of each year, the biological monitor shall include, in his site evaluation report, a
brief status review of all revegetation efforts within the preserve. All areas which have not
achieved at least a sixty percent total vegetative cover (as judged by visual assessment) shall
be recommended for additional seeding the following fall. If certain species are doing
better in an area than others, then that species shall be favored in the reseeding effort.
Modifications to the seed mix shall be as recommended by the biological monitor. Any
further revegetation efforts after the five year initial management period would be the
responsibility of the long-term public or private management entity to implement.
2.9 BONDING (FIVE YEAR PROGRAM)
A bond shall be posted by the Calavera Heights developer (Lyon) with the City of Carlsbad
Planning Department, in an amount sufficient to cover the entire five year maintenance and
management program. Costs to be covered by this bond shall include the cost of initial
revegetation and fencing efforts, as well as the annual cost of biological monitoring and
maintenance work. The total cost for this five year program is outlined on the bond
estimate, Attachment A, and totals $93,875. In the event the actual costs exceed this
amount, it shall be Lyon's responsibility to fund the extra amount.
The monies from this bond will be refunded in two parts. The first refund will be after
completion of Phase I. The remaining portion of the bond will be refunded at the end of
Phase II, i.e. the end of the five year program, after the program is certified as complete by
the biological monitor. Both phases of the program are broken out separately on the
attached bond estimate.
2.10 LONG-TERM MAINTENANCE ANNUITY
In order to provide for the cost of the long-term maintenance and biological monitoring
program for the preserve, following the end of the 5-year management period, a long-term
management program shall be defined and funded. The long-term management program
shall be defined through a line item scope of work description and associated costs, to be
prepared no earlier than the end of year two and no later than the end of year four, of the
initial 5-year management period. This scope of work will initially be proposed by the
biological monitor for the 5-year management program. The scope of work shall then be
210351000 17
ATTACHMENT A
BOND ESTIMATE
CALAVERA HEIGHTS GNATCATCHER MITIGATION PRESERVE
MANAGEMENT PLAN IMPLEMENTATION
ITEM UNIT QUANTITY UNIT
PRICE
TOTAL
PHASE I: FIRST TWO YEAR PERIOD
1. Site Preparation and Weed Eradication Sq. Ft. 98,400 .05 4,900
(50% of total on and off site trails)
2. Trash and Debris Removal Lump Sum 1 2,500 2,500
3. Temporary Cross-Trail and Overlook
Fencing Lin. Ft. 2,000 5.00 10,000
4. Trail Obstructions (Boulders and Berming) Lump Sum 1 2,500 2,500
5. Preserve Signage
@ 200 ft. O.C. along site boundaries Each 33 150.00 4,950
6. Ripping/Scarification of Trails
(Trails to be revegetated) Sq. Ft. 130,680 .10 13,070
7. Hydroseeding (50% of area) Sq. Ft. 65,340 .06 3,900
8. Hand seeding/Raking (50% of area) Sq. Ft. 65,340 .08 5,230
9. Additional Erosion Control Measures
(Sand Bagging, Erosion Repair, etc.) Lump Sum 1 2,000 2,000
10. 2 year Contractor Maintenance Year 2 6,000 12,000
11. 2 year Biological Monitoring
(3 visits per year plus reports) Year 2 4,300 8,600
12. 2 year Gnatcatcher/Cowbird Monitoring
(6 visits per year plus reports) Year 2 3,000 6,000
13. Remedial Second Year Seeding (Hand)
(Approximately 1/3 of area) Sq. Ft. 21,562 .08 1225
Subtotal $77,375
PHASE II: YEARS THREE THROUGH FIVE
14. Maintenance/Remedial Work (Yrs. 3-5) Year 3 3,000 9,000
15. Biological Monitoring (Yrs. 3-5)
(2 visits per year plus reports) Year 3 2,500 1500
Subtotal $16,500
GRAND TOTAL: $ 93,875
A-i
3
EIA 92-09 VILLAGES p AND T - CHRONOLOGY
JULY 1992
SEPTEMBER 25, 1992
OCTOBER 19, 1992
NOVEMBER 24, 1992
Q AND T FINAL MAPS RECORDED WITH NOTE ATTACHED
TO DO ENVIRONMENTAL ASSESSMENT AND MITIGATION
OF COASTAL SAGE/GNATCATCHER HABITAT IMPACTS
LYON SUBMITTED ENVIRONMENTAL ASSESSMENT (EIA
92-09)
LYON INFORMED THE CITY THAT ON-SITE MITIGATION
EFFORTS WERE NO LONGER BEING PURSUED. AN OFF-
SITE MITIGATION SOLUTION WOULD BE PURSUED.
LYON PRESENTED AN OFF-SITE 110 ACRE MITIGATION
PARCEL TO THE CITY FOR CONSIDERATION TO MEET
THE OFF-SITE MITIGATION REQUIREMENT.
DECEMBER 11, 1992 CITY SENT LETTER TO LYON SUPPORTING THEIR OFF-
SITE MITIGATION EFFORTS AND THE MITIGATION
PARCEL PRESENTED. THE NEED TO SUBMIT A DRAFT
AGREEMENT/MAINTENANCE PLAN ASAP WAS
EMPHASIZED.
FEBRUARY 4, 1993 CITY RECEIVED FIRST DRAFT MITIGATION AGREEMENT
FROM LYON.
FEBRUARY 9, 1993 CITY RECEIVED FIRST DRAFT MAINTENANCE PLAN
FROM LYON.
4
FEBRUARY 11, 1993 PUBLIC REVIEW PERIOD STARTED FOR MITIGATED
NEGATIVE DECLARATION.
MARCH 4, 1993 END OF NEG. DEC PUBLIC REVIEW PERIOD.
MARCH 15, 1993 MITIGATION AGREEMENT SIGNED BY CITY AND LYON;
GRADING PERMITS FOR Q AND T ISSUED.
MARCH 22, 1993 CLEARING/ GRUBBING OF Q AND T COMPLETED BY LYON
MARCH 25, 1993 GNATCATCHER LISTED AS THREATENED UNDER THE
ENDANGERED SPECIES ACT BY THE DEPT OF INTERIOR
0 2.6 PRESERVE MONITORING PROGRAM
I For the initial two year Phase I period the preserve shall be monitored three times per year
by a qualified biological monitor retained by the management entity. Monitoring during
Phase II, i.e. the remaining three years of the management program shall be done twice a
1 year. This monitor shall have the following minimum qualifications:
1. Training and/or local experience in growing the native plant species used in the
project (either in a nursery or a field setting).
AM 2. Knowledge of the native plant vegetation associations proposed for the revegetation
effort, including species identification and general composition. This experience shall If also include familiarity with California gnatcatcher monitoring and the appropriate
vegetation associations. a
3. A minimum of two years of practical horticultural experience, (i.e. installation,
maintenance, or nursery experience). A minimum of two years of conducting bird
monitoring work for the California gnatcatcher will be required for the bird monitor.
4. A minimum of two years of study and two years of field experience in landscape
design and construction. A minimum of a Bachelor's degree in biology will be
required for the gnatcatcher monitor.
The biological monitor shall visit the site to determine the success of the revegetation effort,
the status of the exotic species and trash removal programs, as well as the effectiveness of
the access control program. If the monitor finds that additional remedial work is needed in
any of these areas, he shall recommend that the owner instruct the project landscape
contractor to carry out this remedial work. To the degree feasible, the same contractor
should be used each time work is required for project consistency. The biological monitor
shall prepare a brief letter report to the owner and City, summarizing each monitoring visit.
These reports shall review the current status of the preserve as well as discuss
recommendations for implementation of remedial measures by the landscape maintenance
contractor.
The second task of the initial Phase I two year monitoring program, shall consist of a
cowbird monitoring effort to assess parasitism at California gnatcatcher nesting sites, to
I
-210351000 15
determine if a co'bird trapping program will be necessary to prevent high levels of
fledgling loss. At the end of the two year period, or earlier as determined by the biological
monitor, a recommendation will be made as to whether a trapping program should be
initiated. The monitoring program shall consist of six visits each year to the site during the
gnatcatcher nesting season, (i.e. between the end of March and the end of June), to
determine nesting locations and to document parasitism levels. These shall be followed
after each visit by a brief letter report to the owner and City.
Phase II of the five year program shall entail the final three years of monitoring. This
effort shall be a reduced monitoring program involving two biological monitoring visits per
year to assess the status of the preserve program with a brief year end report to the owner
and City.
2.7 PRESERVE MAINTENANCE PROGRAM
For the 5-year restoration and management program, the management entity shall hire, on
an as needed basis, a licensed landscape contractor to implement all elements of the
management program which require landscape construction or maintenance activities.
During Phase I these services shall include additional fencing installation and repair,
invasive/exotic weed species removal, trash removal, and a one time reseeding of
revegetated off-road trails and disturbed areas at the end of year two. The landscape
contractor shall also carry out the recommendations of the biological monitor on an as
needed basis. The contractor will not be allowed to drive vehicles onto the preserve, except
us on designated permanent trails and as considered acceptable by the biological monitor. No
vehicular fluids are allowed to be changed within the preserve limits. All weed and debris
removed from the site will be disposed of at a legal dump site.
During Phase II (i.e. the remaining three years of the five year management program) the
landscape contractor shall continue to provide ongoing landscape maintenance and remedial
work as determined necessary by the biological monitor. It is envisioned that this would be
a limited program since the majority of the remedial work would be accomplished in the
first two years.
210351000 16
0-!~