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HomeMy WebLinkAbout2018-07-10; City Council; ; Annual levy of benefit assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1 for Fiscal Year 2018-19Meeting Date: To: From: Staff Contact: Subject: July 10, 2018 Mayor and City Council Kevin Crawford, City Manager Jill Moya, Senior Accountant jill.moya@carlsbadca.gov or 760-602-2428 CA Review {)r</ Annual levy of benefit assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1 for Fiscal Year 2018-19. Recommended Action Adopt a Resolution authorizing the annual levy of benefit assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1 for Fiscal Year 2018-19. Executive Summary City Council's approval is needed to levy benefit assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1 for Fiscal Year 2018-19 in compliance with the procedures of the California Government Code. Discussion The Buena Vista Channel Benefit Assessment District (District) was formed in 1989 according to the provisions of the Benefit Assessment Act of 1982. The formation was requested by the affected property owners in order to provide an effective, consistent means of maintaining the channel to allow for design flow. The channel is located south of Highway 78, between El Camino Real and the Jefferson Street Bridge, and flows into the Buena Vista Lagoon. Yearly assessments collected from the property owners in the District are used to pay for the ongoing maintenance and administrative program costs of the channel. The maintenance program is administered by city staff. From 2003 to 2013, the maintenance program performed removal of vegetation and other debris within the conditions of the permits from the California Department of Fish and Wildlife (CDFW) and the approved Program Environmental Impact Report (PEIR). The PEIR was adopted by City Council on August 5, 2003. The preferred alternative identified in the PEIR, was to perform hand removal of the vegetation in one fifth of the northern half of the channel each year based on a five year rotation. This method of maintenance is preferred by the agencies because it does not require dredging. Avoiding disturbance of the channel bottom does not require a permit from the US Army Corps of Engineers or the Regional Water Quality Control Board. The CDFW also requires a Lake and Stream bed Alteration Agreement for any disturbance within the channel. For the duration of the existing PEIR, which was ten years, no work had occurred in the portion that is within the California Coastal Zone. The vegetation removal has provided the necessary flow capacity to be consistent with the goals of the District. July 10, 2018 Item #1 Page 1 of 9 Prior to the certification of the PEIR, maintenance work was completed on an as-needed basis and two major dredging projects were completed in May 1993 and March 1997. Surveys of the channel bottom were conducted in 2000, 2004, 2008, 2012 and 2018. While the surveys indicate there has been no appreciable sediment buildup, vegetation growth within the stream impedes the conveyance capacity of the channel resulting in flooding. Removal of the vegetation is scheduled annually prior to the winter months to preserve the integrity of the channel as a flood control corridor. Continued maintenance of the channel is required for flood control purposes. Flood improvement measures are required to protect the existing District properties from a major storm event. The original project permits expired in 2013. New permits were applied for which included extending the project boundary westerly into the coastal zone. City staff met with representatives of the California Coastal Commission and it was agreed there is a benefit to the Buena Vista Creek and Lagoon system to include the portion of the District within the Coastal Zone in the current maintenance program. For continued CEQA compliance, the city prepared a Supplemental Environmental Impact Report (SEIR). City Council certified the SEIR on June 11, 2013. The SEIR covers the current maintenance program and adds the portion of the creek within the Coastal Zone. The current maintenance program requires the clearing of the vegetation on the north side of the creek in segmented intervals. This concept was designed with input from various resource agencies so as not to invoke numerous permits or cause significant impacts. Staff has received permits from the California Coastal Commission and the CDFW to continue maintenance activities in the channel. These permits are valid through August 2019 and staff will pursue an amendment to the permit term in the Fiscal Year of 2018-19 During Fiscal Year 2017-18, assessment funds were spent for permit compliance, environmental mitigation, routine maintenance, a stream alignment survey and an environmental maintenance manager, Environmental Science Associates, to oversee the contractor and consultants tasked to this Project. Staff has evaluated the existing fund balance of the District and is recommending that assessment rates be kept at a total collection amount of $100,000; at the same parcel assessment rates as the previous 13 fiscal years. The original and current formulated spread for the assessments is based upon each owner's proportion of property located within the channel. Since there has been no change to the original District boundary and no change in the individual assessment cost for each parcel, the process for confirming the District's continuation for Fiscal Year 2018-19 is for Council to approve the attached resolution adopting the annual benefit assessments. Fiscal Analysis The entire maintenance program, including staff time, annual renewals of required environmental permits, and both minor and major channel work, is funded by the benefit assessments collected from the District's adjacent property owners. The Fiscal Year 2018-19 budget for the District is $194,882. This amount will be funded with the annual assessments, previous interest earnings and accumulated fund balances. July 10, 2018 Item #1 Page 2 of 9 The estimated cash balance for the District at the end of Fiscal Year 2017-18 is approximately $1.3 million. This.fund balance will be used to cover future potential annual operating deficits as well as any large scale dredging that may be required to be performed in the future. Next Steps The Finance Department will submit property owner assessments for the upcoming fiscal year to the County of San Diego Auditor for inclusion on the property tax rolls. Public Works staff will continue all necessary work and services for the ongoing maintenance and drainage of the Buena Vista Creek Channel. Environmental Evaluation (CEQA) A Supplemental Program Environmental Impact Report (EIR 02-03(A}}, Candidate Findings of Fact and the Mitigation Monitoring and Reporting Program (MMRP} were prepared for maintenance and flood control activities for the Buena Vista Creek. The Supplemental Program EIR was certified by the City Council on June 11, 2013, (Resolution No. 2013-136}, in compliance with the California Environmental Quality Act (CEQA} Guidelines Section 15090. This annual levy of benefit assessments is within the scope of the prior environmental documents and no further environmental documentation is required per CEQA Guidelines Section 15162. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing at least 72 hours prior to the meeting date. Exhibits 1. City Council Resolution. 2. Location Map. July 10, 2018 Item #1 Page 3 of 9 RESOLUTION NO. 2018-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE ANNUAL LEVY OF BENEFIT ASSESSMENTS FOR THE BUENA VISTA CHANNEL MAINTENANCE DISTRICT BENEFIT AREA NO. 1 FOR FISCAL YEAR 2018-19 Exhibit I WHEREAS, the City Council of the City of Carlsbad, California, formed the Buena Vista Channel Maintenance District Benefit Area No. 1 (District) in 1989 pursuant to the petition of the property owners within the District and the terms and provisions of the Benefit Assessment Act of 1982, (Government Code Section 54703, et. seq.), which does not require a public hearing; and WHEREAS, at this time the City Council is satisfied with the listing of the Annual Benefit Assessments as submitted and attached hereto as Attachments A and B for the levy of the benefit assessments, and is ready to proceed to levy the annual assessments on each parcel of benefiting property within the boundaries of the District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the boundaries and parcels as originally approved and shown within the area of benefit designated as Benefit Area No. 1, and as shown in Attachment "B" attached hereto, are still determined to be the properties benefiting from the proposed works of maintenance, said properties lying within the boundaries of the cities of Oceanside and Carlsbad. No changes are proposed in the boundaries of Benefit Area No. 1. 3. That it is determined that the annual levy of assessment for the maintenance and/or servicing of the improvements are hereby confirmed and levied for the next fiscal year (2018-19), as shown in Attachment "A". July 10, 2018 Item #1 Page 4 of 9 4. That it is further determined that as applicable the costs of the work and services may be greater than can conveniently be raised from a single annual assessment and it is hereby further determined that the cost of the work can be collected over a period of years. 5. That the work of maintenance to be performed are generally described as follows: (a) All necessary work and services for the maintenance and drainage of the Buena Vista Creek Channel between Jefferson Street and El Camino Real, including the preparation of plans and specifications; preparation of environmental studies; the processing of required governmental and agency permits; the removal and disposal of sediment, vegetation, and other debris; the implementation of required mitigation measures; and all other works of maintenance, said work to be performed within the cities of Oceanside and Carlsbad. (b) The proposed work will consist of a yearly clearing program of the channel area based on the certified Program Environmental Impact Report and Supplemental Environmental Impact Report for the Buena Vista Channel. 6. That the above-referenced diagram and assessment shall be filed in the office of the City Clerk, with a copy to be filed in the office of the Finance Department. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. 7. That the city's Finance Department is hereby ordered and directed to file assessments for the upcoming fiscal year and submit a final letter of Fixed Charge Special Assessments as certified by the City Clerk to the County of San Diego Auditor. Said filing is to be made no later than the third Monday in August, or as required by the County of San Diego. July 10, 2018 Item #1 Page 5 of 9 8_ That the City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment with the City Engineer of the City of Oceanside_ 9_ The assessments shall be collected at the same time and in the same manner as County of San Diego taxes are collected, and all laws providing for the collection and enforcement of County of San Diego taxes shall apply to the collection and enforcement of the assessments_ 10_ That the assessments as above authorized and levied will provide revenue and relate to the fiscal year commencing July 1, 2018 and ending June 30, 2019_ PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of l!!J.y, 2018, by the following vote, to wit: AYES: NOES: ABSENT: M_ Hall, K_ Blackburn, M_ Sc;humacher, C. Schumacher, M_ Packard_ None_ None_ --~LQ \Oc~ (]»L BARBARA ENGLESON, City Clerk (SEAL) ,,11111,,,, ,,,,~\..SBAD 11,,, ,, ~~----------. C" "-=, ~0~<--:::1.i...: .• -..~-s -o: .. -fl-=>-=~ ·:0= - : :::n: -;.~-._ .:~:: ~o--. --~, ~ .... ., .......... -·· -4,.:::: ,,., ... * "" ,, .. , ,,, '11111111\\ July 10, 2018 Item #1 Page 6 of 9 Buena Vista Channel Maintenance District Benefit Area No. 1 Annual Benefit Assessments for Fiscal Year 2018-19 APN ACREAGE PERCENT ASSESSMENT 156-301-07 1.39 5.867% $ 3,185.50 156-301-08 0.72 3.039% $ 1,650.04 156-301-09 2.37 10.004% $ 5,431 .39 156-301-12 0.33 1.393% $ 756.27 156-302-05 0.28 1.182% $ 641 .68 156-302-06 0.78 3.293% $ 1,787.55 156-302-07 0.44 1.857% $ 1,008.36 156-302-09 4.26 17.982% $ 9,762.75 156-302-10 2.20 9.287% $ 5,041 .80 156-302-12 0.16 0.675% $ 366.68 156-302-15 0.93 3.926% $ 2,131.31 156-302-16 0.60 2.533% $ 1,375.04 156-302-18 0.06 0.253% $ 137.50 156-302-19 0.15 0.633% $ 343.76 156-302-20 0.32 1.351% $ 733.35 156-302-21 0.07 0.295% $ 160.42 156-302-22 0.58 2.448% $ 1,329.20 156-302-26 0.83 3.504% $ 1,902.13 156-302-27 1.77 7.472% $ 4,056.36 156-302-30 3.35 14.141% $ 7,677.28 156-302-34 1.17 4.946% $ 2,685.16 156-302-35 0.93 3.919% $ 2,127.47 Sub Total 23.69 100.000% $ 54,291.00 156-302-02 0.58 55.769% $ 818.69 156-302-03 0.22 21.154% $ 310.54 156-302-04 0.24 23.077% $ 338.77 Sub Total 1.04 100.000% $ 1,468.00 156-301-16 19.51 60.855% $ 26,922.70 156-301-17 2.67 8.328% $ 3,684.45 165-120-56 9.88 30.817% $ 13,633.85 Sub Total 32.06 100.0000% $ 44,241 .00 TOTAL 56.79 100% $ 100,000.00 Attachment A OWNER RPI Carlsbad LP MSC LLC Sears Roebuck & Co I RPI Carlsbad LP RPI Carlsbad LP Plaza Camino Real SMBC Leasing & Finance, Inc Western Properties LLC I RPI Carlsbad LP RPI Carlsbad LP JC Penney Properties Inc. MSC LLC Macy's Primary Real Estate, Inc. Macy's Primary Real Estate, Inc. RPI Carlsbad LP RPI Carlsbad LP RPI Carlsbad LP RPI Carlsbad LP Chasm Entertainment Inc MSC LLC RPI Carlsbad LP Plaza Camino Real RPI Carlsbad LP RPI Carlsbad LP CRMAD Properties LLC Allen Bayrooti Kristine Peterson and Lorraine Peterson Pk I North County Plaza Crown Jewel Properties LLC Crown Jewel Properties LLC July 10, 2018 Item #1 Page 7 of 9 June 26, 2018 To: From: Via: Re: To the members of the: CllY COUNCIL ACM ../CA ./cc .,/ Date 1 ·/0·/C(; CM v COO v Council Memorandum Honorable Mayor Hall and Members of the City Co uncil Gary Barberio, Assi stant City ManagerS~ /j _/ Elaine Lu key, Acting Chief Operations Officer~ Res ponses to Questions from July 10 City Council Briefings Agenda Item No. 1 -Buena Vi sta Channel Maintenance {city of Carlsbad Question 1: When was the last time channel maintenance was performed? Answer: Channel maintenance is performed every year, with vegetation removed by . ,. hand from one-fifth of the northern half of the cha nnel each yea r. Question 2: Are t he properties in Ocea nside included in t he district and are t hey assessed? Answer; Yes. Agenda Item No. 5 -la Costa Avenue Storm Drain Replacement Program Qu estion 1: Is this project subject t o t he city's adopted Integrated Pest Management Program requirements? Specifically, are Sections 3.0 and 5.0 of t he Restoration Plan consistent with the IPM? Answer: Yes, the project is subject to the 1PM. No, Sections 3.0 and 5.0 are inconsist ent with the 1PM and city staff has prepared the att ached "Supplemental Information" document to address this issue. Question 2: What is the construction-·schedule? Answer: Construction cannot st art until after September 17, 2018, due to project environment al restrictions, and it will take 35 worki ng days (approximately 7 weeks) to complete the project. Ag enda Item No. 6 -Traffic Calming Plans for Daisy Ave and Harbor Dr Question: Is the city planning to install any traffic control signage on Chinquapin Ave near the intersection with Harbor Drive? Answer: The cit~ is preparing a City Cou ncil In quiry response to this question which will be distribut ed t o the City Council once it is completed. Agenda Item No. 8 -Recycled Water Phase Ill Pipeline Expansion Segment 5 (NOTE: This Item is being rescheduled for the July 24, 2018 City Council meeting) Question: What is the construction schedule? Answ er: Actual construction on the project is not likely to start until January 2019 and finish in the Spring of 2020. City Manager's Office City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t Mr./Ms. Last name Feb.27,2014 Page 2 Agenda Item No. 9 -Street Lighting and Landscaping District No. 1 Question: How does the city ensure that the Business Parks and HOA's that have assumed responsibility for maintaining medians and parkways within the.ir boundaries are doing so in a manner consistent with city standards? - Answer: The city does not regularly inspect the maintenance practices of any Business Parks and/or HOA's that assume tree and median maintenance responsibilities via a formalized agreement with the city. The Business Parks and/or HOA's assume all liability for their maintenance activities and indemnify the city against any claims. Agenda Item No. 11-Grand Pacific Palisades Resort Question 1: Does the Carlsbad Ranch Specific Plan1 (CRSP) have an architectural design standard for this planning area? Answer: Yes, the CRSP requires Mediterranean architecture in Planning Area 3. Question 2: Did the California Coastal Commission review the project specific to lower cost visitor-serving recreational uses? Answer: Not directly, but, at staff's direction, the applicant prepared an affordable accommodations analysis for the project based on and consistent with methodologies and assumptions in analyses submitted for other recent projects and accepted by the Cal Coastal Commission, with new data pertinent to the current project. Agenda Item No. 12 -Village and Barrio Master Plan Question 1: What definition/description of "mobility hub" does the Plan utilize? Answer: Appendix A (Definitions) of the Master Plan defines a mobility hub as "a transportation center that provides an array of transportation services, amenities and design enhancements that bridge the gap between transit and where people live, work and play." Mobility hub, is a conditionally-permitted land use in the VC district. The appendix also defines mobility support services as a land use, "or combination of uses, that directly supports the mobility needs of residents, workers, and visitors to the Village and Barrio Master Plan area. Sµch use, or combination of uses, addresses 'first mile/last mile' limitations faced by transit riders by providing services to get them from their point of origin or to their final destination." Such uses include 1:ar-share, bike-share, electric vehicle charging stations (EVCS) (including electric bicycles), demand-based shuttle or trolley services, pedestrian and bicycle comfort stations, and secure bicycle parking. Mobility support services are conditionally-permitted in the HOSP, VC, VG, and FC districts. Mobility hubs and mobility support services as described in the Master Plan are intended to support SANDAG's Regional Mobility Hub Strategy contained in the San Diego Forward: The Regional Plan. Question 2: Was the Plan presented to the Traffic Safety Commission? If so, was it presented as in information item or as an action item? \ Mr./Ms. Last name Feb.27,2014 Page 3 Answer: The traffic Safety Commission (TSC) received a presentation on the draft Village and Barrio Master Plan process on September 8, 2014. The purpose of the presentation was to inform the TSC about the update process, community outreach steps and overall timeline. Staff also requested that1the TSC designate a Commissioner or two to participate in the interview process conducted by the city's consultant team. Commissioners Muir and Hunter agreed to participate in the interviews. In addition, the Traffic Safety Commission received a report for discussion and comment on the draft Village, Barrio and Beach Parking Study and Parking Management Plan on August 7, 2017. No formal action was taken on the item. Question 3: Has Caltrans released their guidelines for "cycle tracks"? Answer: CalTrans issued its initial guidance for Class IV Bikeways (Separated Bikeways/Cycle Tracks) in December 2015 (Design Information Bulletin No. 89). The introduction to the guidance states that "The Federal Highway Administration (FHWA) publication Separated Bike Lane Planning and Design Guide (FHWA Guide) should be used to design separated bikeways ... The FHWA Guide used the Urban Bikeway Design Guide, a National Association of City Transportation Officials (NACTO) publication, as part of its source material. The NACTO publication also provides additional guidance not covered in this DIB [Design Information Bulletin]. The use of that guidance, coupled with sound engineering judgment, can be used in collaboration with the guidance in this DIB (p. 1}." Staff utilized the FHWA guide referenced in the CalTrans DIB in developing the plan level conceptual recommendations for Class IV Separated Bikeways (Cycle Tracks) in the Master Plan. Note that CalTrans issued updated Class IV Bikeway guidance as_DIB 89-01 on May 3, 2018. City staff will utilize the most current CalTrans guidance available at the time project level design plans are developed. Question 4: Does the State Department of Alcohol Beverage Control (ABC) have any standards regulating the concentration/density of alcohol-serving establishments (breweries, distilleries, wineries, restaurants with alcohol, etc.) in a given geographical location? Answer: Breweries, wineries, and distilleries are regulated as alcohol manufacturers and, unlike retail (on-sale or off-sale) licensees, are not subject to license overconcentration limits for a given area. In other words, there are no spacing requirements or a statutory limit on the number of licensed beer/wine/distilled spirits manufacturers in a census tract. However, the local ABC district supervisor advised staff that in their investigation of a manufacturers license, the ABC will evaluate whether a proposed location is within 100 feet of a residence and may impose conditions/restrictions on the licensee to mitigate potential impacts to nearby residents. Staff was also informed that, unlike for a retail license, the ABC cannot require the applicant for a beer/ wine/ distilled spirits manufacturer type license to obtain zoning clearance from the local jurisdiction prior to issuance of the license. It is however, ABC practice to advise their applicants to check with the locality regarding land use permit requirements. ABC will also provide notice to the local jurisdiction (typically the police department) when a license Mr./Ms. Last name Feb. 27, 2014 . Page 4 application has been made, but zoning approval is not a pre-requisite to ABC issuance of a non- retail, manufacturer license. Question 5: Was Exhibit 13 -Public Comments to the Staff Report available to the public? Answer: Yes. Exhibit 13 was listed in the Staff Report as "on file in the Office of the City Clerk" and was available there in hard copy. In addition Exhibit 13 was electronically posted on the city website 91ong with the rest of the Agenda items for the July 10, 2018 City Council meeting (link to Exhibit 13: http:ljwww.carlsbadca.gov/cityhall/clerk/meetings/default.asp ). Question 6: What is the proposed master plan's relationship to the recently approved Arts & Culture Master Plan? Answer: Planning Division and Cultural Arts Office staff worked together during the drafting of both master plans to ensure coordination of both documents. A review of the recently approved Arts & Culture Master Plan and the proposed Village and Barrio Master Plan verifies consistency. ( Attachment: Item 5 -La Costa Avenue Storm Draine cc: City Attorney City Manager ( Cicyof Carlsbad Memorandum July 10, 2018 To: From: Via Re: Mayor and City Council Members Daniel Zimny, Assistant Engineer/Marshall Plantz Transportation Director James Wood, Acting Public Works Director Additional Material/Information Regarding Staff Report Item #5 -Award of a contract to Tri Group Construction and Development Inc. for an amount not to exceed $181,000 for the construction of the La Costa Avenue Storm Drain Replacement Program -Storm Drain Improvements East of Piraeus Street. The subject staff report includes the approval of a Right of Entry permit (Permit) from the California Department of Fish and Wildlife (CDFW) to facilitate the construction of the storm drain system. The Right of Entry permit includes a Restoration Pian, for area~ that may be disturbed during construction, which was prepared by the City and provided to the CDFW for inclusion in the Permit. The published version of staff report included an outdated version of the Restoration Plan. The updated/current version of the Restoration Plan is dated March 2018 and it was prepared to reflect the updated/current Integrated Pest Management (1PM) plan which was approved by the City Council on December 5, 2017. The updated Restoration Plan replaces language that referenced the use of glyphosate herbicides and replaces it with language that is consistent with the city's current 1PM plan. In particular Sections 3 and 5 of the Restoration plan were revised as follows: 3.0 SITE PREPARATION Once construction of the new storm drain system is complete, site preparation can commence. 3.1 Appropriate erosion control materials (e.g., straw wattles) shall be installed. 3.2 Prior to planting and seeding, all weeds, trash, and debris shall be removed from resto'ration areas. 3.3 '."leeds (nonnative species) shall be killed/eradicated before they reach the seed stage of gro•1rth or exceed 6 inches in length, ',¥hichever occurs first. \t'leeds shall be eradicated through hand remo11al, or herbicide for those \•reeds that require herbicide to kill them (e.g., arundo [Arundo donax], f.ennel Foeniculum vulgare], etc.). Weeds (nonnative species) shall be killed/eradicated before they reach the seed stage of growth or exceed 6 inches in length, whichever occurs fir~t. Weeds shall be eradicated through hand-removal whenever possible. Removal of difficult, perennial species will be removed using methods consistent with the City's current Integrated Pest Management Plan (1PM). 3.4 Herbicide shall be a glyphosate approved for use by ,.,,,aters. Herbicide shall be overseen by a licensed Pest Control Advisor and applied by a certified Pest Control Applicator. Herbicide approved for use by waters may be used if consistent with the 1PM, with authorization from the City biologist. Herbicide shall be overseen by a licensed Pest Control Advisor and applied by a certified Pest Control Applicator. 3.5 Weeds that re-establish after the initial weed control and before seeding will als? be killed and removed in a manner consistent with the 1PM. The Contractor shall confirm that the site is weed-free before seeding. 5.0 MAINTENANCE AND SUCCESS STANDARDS 5.1 After the City biologist confirms in writing that the restoration installation work is complete, the 90-day plant establishment period will begin. The primary standards for the restored habitat are establishment of native species, erosion control and eradicating problematic invasive exotics. 5.2 The Contractor is responsible for plant care (watering if necessary); weed control, debris and trash removal, and erosion control to meet the success standards. 5.3 The Contractor has the option of watering (e.g., hand watering o~ water truck) seeded areas within restoration areas to promote the restoration process. 5.4 All weed species •.vithin the restored area shall be controlled by hand pulling or herbicide application, if chemical treatment is needed to kill particular weed species. Weeds shall be controlled before they set seed or become €i inches in length. Weed debris 'ti.till be properly disposed of offsite. All weed species within the restored area shall be controlled by hand pulling or other methods consistent with the City's 1PM. Weeds shall be controlled before they set seed or become 6 inches in length. Weed debris will be properly disposed of offsite. 5.5 The BiologicafMonitor will provide a list to ~he Contractor (monthly) of weed species that need to be eradicated. 5.6 During the maintenance period, the Contractor shall remove all debris and trash from the restoration areas. Organic debris (e.g., stems and branches) may be left in place. 5.7 During the maintenance period, the Contractor shall maintain erosion control materials, repair erosion, and install additional'erosion control materials as necessary and at the discretion of the City biologist. Erosion control materials could include, but are not limited to: straw wattles, gravel bags, and/or mulch. The updated/current version of the Restoration Plan will be incorporated into the Permit for execution by the City and the CDFW. C: City Manager City Attorney City Clerk Services Manager