HomeMy WebLinkAbout2015-03-24; City Council; 21896; Agreement Nature's Image Inc Buena Vista Creek ChannelCITY OF CARLSBAD - AGENDA BILL
AB# 21.896 APPROVE AN AGREEMENT WITH NATURE'S IMAGE, INC.
IN AN AMOUNT NOT TO EXCEED $399,697 FOR
BUENA VISTA CREEK CHANNEL MAINTENANCE SERVICES
DEPT DIRECTOR f-T"
DATE: 03-24-15
APPROVE AN AGREEMENT WITH NATURE'S IMAGE, INC.
IN AN AMOUNT NOT TO EXCEED $399,697 FOR
BUENA VISTA CREEK CHANNEL MAINTENANCE SERVICES
CITY ATTY.
DEPT PW-TRAN
APPROVE AN AGREEMENT WITH NATURE'S IMAGE, INC.
IN AN AMOUNT NOT TO EXCEED $399,697 FOR
BUENA VISTA CREEK CHANNEL MAINTENANCE SERVICES
CITY MGR.
RECOMMENDED AaiON:
Adopt Resolution No. 2015-066 approving and authorizing execution of a professional services
agreement in an amount not to exceed $399,697 with Nature's Image, Inc. for Buena Vista Creek Channel
Maintenance Services.
ITEM EXPLANATION:
The Buena Vista Creek Channel is located south of Highway 78 and extends from El Camino Real west to
the Jefferson Street Bridge and discharges into the Buena Vista Lagoon. The city maintains Buena Vista
Creek Channel between Jefferson Street Bridge and South Vista Way Bridge through the Buena Vista
Creek Channel Maintenance District (District), which was formed on August 8, 1989 according to the
provisions of the Benefit Assessment Act of 1982. The formation was requested by adjacent property
owners Plaza Camino Real, Hughes North County Associates and Hughes North County Associates II in
order to provide an effective, consistent means of clearing the channel to allow for design flow.
The maintenance program is administered by city staff and has consisted of the removal of silt,
vegetation and other debris within the constraints of permits from the Coastal Commission, the US
Army Corps of Engineers, the Regional Water Quality Control Board and the California Department of
Fish and Game. Maintenance work is performed on an "as-needed" basis, with major vegetation
removal occurring approximately every three to four years. The first major contract clearing was
completed in May 1993. The second was completed in April 1997. After the initial cleanings, the Coastal
Commission, the Army Corps of Engineers and the California Department of Fish and Game did not
extend the permits and required the city to look into cleaning alternatives that do not include dredging
ofthe channel.
A Program Environmental Impact Report (PEIR) was prepared and adopted by the City Council on
August 5, 2003. The preferred alternative identified in the PEIR was to perform "hand removal" ofthe
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 a permit from the US
Army Corps of Engineers nor the Regional Water Quality Control Board. The California Department of
Fish and Game required a Streambed Alteration Agreement, and the City of Oceanside requires a grading
permit. No work is planned to occur within the portion of the channel that is located within the Coastal
Zone. This plan has been engineered to maintain the necessary flow capacity in the channel consistent
with the goal ofthe District.
DEPARTMENT CONTACT: Sherri Howard 760-602-2756 Sherri.Howard@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED • 1
Approve agreement for channel services
March 24, 2015
Page 2 of 3
A Supplemental Program EIR (EIR 02-03 (A)) evaluated the continued maintenance and flood control
activities for the area covered in the previous EIR and extended the project limits to the west to Jefferson
Street Bridge to include the area within the coastal zone which is administered by the California Coastal
Commission. The EIR 02-03(A) was certified by City Council on July 11, 2013. Applications were
submitted to the California Coastal Commission and California Department of Fish and Wildlife and
permits have been secured to continue the maintenance activities including the area within the coastal
zone. The permits authorize "Hand Removal" ofthe existing native vegetation on a five year rotation.
Surveys of the channel bottom have been conducted every four years beginning in 2000. The surveys
indicate there has been no appreciable sediment buildup. There has been substantial vegetation growth.
The vegetation in the channel grows up and dies annually and is replaced with new vegetation each year.
The result of this cycle is a mat of undesirable vegetation that has the potential to impede storm flows.
Regular removal ofthe vegetation will preserve the integrity of the channel as a flood control corridor.
The city will continue to monitor the channel bottom and should this monitoring indicate a silt build-up
in the channel, additional environmental review will be required to remove the silt.
"Hand Removal" ofthe existing vegetation will be conducted using hand tools and chain saws. In areas
that are difficult to reach, the Contractor will access these locations by foot. The nature of this work
requires skills of an environmental services maintenance contractor.
Proposals were received from four firms to perform the permitted maintenance activities. The proposals
were evaluated based on pricing, firm experience, project team, project approach and value added
offerings using a Best Value evaluation. Based on the ranking of the proposals by the selection
committee, staff is recommending that the city execute a professional services agreement with Nature's
Image, Inc. The agreement is for a five-year period with the ability to renew for one additional five-year
period based on contractor performance in an amount not to exceed $399,697 per agreement term.
FISCAL IMPACT:
The estimated costs of providing the channel maintenance services are iisted in the following table.
These costs include time and materials for the actual work involved in the channel maintenance and the
monitoring and reporting program required by project permits.
BUENA VISTA CREEK CHANNEL COST ESTIMATE
Year 1 Vegetation Removal and Monitoring $106,898
Year 2 Vegetation Removal and Monitoring $85,734
Year 3 Vegetation Removal and Monitoring $60,584
Year 4 Vegetation Removal and Monitoring $76,504
Year 5 Vegetation Removal and Monitoring $69,777
TOTAL $399,697
Annual assessments collected from District property owners are evaluated annually. Each July, City
Council adopts the annual benefit assessments for the channel. There are adequate funds in the
District's fund balance to cover the cost of major maintenance efforts.
Approve agreement for channel services
March 24, 2015 2
Approve agreement for channel services
March 24, 2015
Page 3 of 3
ENVIRONMENTAL IMPACT:
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.
EXHIBITS:
1. Resolution No. 2015-066 approving and authorizing execution of a professional services
agreement with Nature's Image, Inc. in an amount not to exceed $399,697 for Buena Vista Creek
Channel Maintenance Services.
2. Location Map
3. Agreement for Maintenance Services
<^///s/r /
1 RESOLUTION NO.2015-066
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF AN
AGREEEMENT FOR MAINTENANCE SERVICES WITH NATURE'S
4 IMAGE, INC. IN AN AMOUNT NOT TO EXCEED $399,697 FOR
BUENA VISTA CREEK CHANNEL
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WHEREAS, the City Council of the City of Carlsbad, California, did form Buena Vista
Creek Channel Maintenance District on August 8,1989, pursuant to the petition of the property
owners and pursuant to the term and provisions of the Benefit Assessment Act of 1982, being
Chapter 6.4, Division 2, Title 5 ofthe Government Code ofthe State of California, commencing
11 with Section 54703, said area of benefit being designated as Benefit Area No. 1 (hereinafter
^2 referred to as the "Benefit Area"); and
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WHEREAS, the City Council of the City of Carlsbad, California, has determined it
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necessary, desirable, and in the public interest to perform the channel maintenance to maintain
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channel flow; and
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17 WHEREAS, permits for the work have been acquired; and
18 WHEREAS, The Public Works Department solicited, received, and reviewed proposals for
maintenance services consistent with Carlsbad Municipal Code Section 3.28.060; and
WHEREAS, after utilizing a "Best Value Determination" selection criteria, staff
recommends Nature's Image, Inc. as the most qualified consultant for the project; and
WHEREAS, assessments have been levied annually and sufficient funds are available to
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24 perform the work to allow the channel to function as a flood control channel.
25 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.
1 2. That the agreement with Nature's Image, Inc. for maintenance services in an
2 amount not to exceed $399,697 is hereby approved.
3. That adequate funds are available in the Buena Vista Creek Channel
Maintenance District for performing maintenance activities.
4. That the Mayor of the City of Carlsbad is hereby authorized and directed to
execute the agreement with Nature's Image, Inc. for maintenance services in an amount not to
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g exceed $399,697
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 24*^ day of March, 2015, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
None.
ABSENT: None.
ATTEST:
BARBARA ENGLESON<^ity Clerk
(SEAL) .^^i^SBAp^V
-fv:
LOCATION MAP
CONCRETE LINED CHANNEL
HWY 78
-YEAR 4
QTYOFOCEANSmE
LEGEND;
PERIODIC CLEANING OF OVERGROWTH
^ WITHIN AREA AS SHOWN cm OP OCtANSKC
AREA OF CHANNEL NOT
CLEANED
SITE.
NOT TO SCM£
VICINITY
MAP
PROJECT NAME BUENA VISTA CHANNEL
MAINTENANCE DISTRICT
EXHIBIT
2
in mm lam mamtam mmm rtaauamHvMtut^t 7
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AGREEMENT FOR MAINTENANCE SERVICES
(NATURE'S IMAGE, INC.)
THIS AGREEMENT is made and entered into as of the day of
AlarcA , 2015, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and NATURE'S IMAGE, INC., a California contractor, ("Contractor").
RECITALS
A. City requires the professional services of an environmental maintenance services
firm that is experienced in maintaining channel beds.
B. Contractor has the necessary experience in providing professional services and
advice related to maintenance of Buena Vista Creek Channel and resource agency, permit
compliance and reporting.
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein. City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of five (5) years from the date first above
written. The City Manager may amend the Agreement to extend it for one (1) additional five (5)
year period or parts thereof in an amount not to exceed one hundred thousand dollars ($100,000)
per Agreement year. Extensions will be based upon a satisfactory review of Contractor's
performance. City needs, and appropriation of funds by the City Council. The parties will prepare
a written amendment indicating the effective date and length ofthe extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will be
three hundred ninety nine thousand six hundred ninety seven dollars ($399,697) per the attached
schedule listed in Exhibit 8. No other compensation for the Services will be allowed except for
items covered by subsequent amendments to this Agreement. The City reserves the right to
withhold a ten percent (10%) retention until City has accepted the work and/or Services specified
in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
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6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election. City may deduct the indemnification amount from any balance
owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:Vir'. OR with a surplus
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line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating
in the latest Best's Key Rating Guide of at least "A:X".
10.1 Coveraqes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk
Manager or City Manager approves a lower amount. These minimum amounts of coverage will
not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate.
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1.000.000 combined single-limit
per occurrence for bodily injury, personal injury and property damage. If the submitted policies
contain aggregate limits, general aggregate limits will apply separately to the work under this
Agreement or the general aggregate will be twice the required per occurrence limit.
10.1.2 Automobile Liabilitv. (ifthe use of an automobile is involved for Contractor's
work for City). $1,000,000 combined single-limit per accident for bodily injury and property
damage.
10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be
maintained for a period of five years following the date of complefion ofthe work.
I I If box is checked. Professional Liability
City's Initials Contractor's Initials Insurance requirement is waived
10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to City sent
by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providinq Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coveraqe. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
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the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of City and on behalf of Contractor under this Agreement.
For Citv For Contractor
Name Sherri Howard Name Michelle Caruana
Title Associate Engineer Title President
Department PW - Transportation Address 20361 Hermana Xircle
City of Carlsbad Lake Forest, CA 92630
Address 1635 Faraday Avenue Phone No. (949) 680-4400
Carlsbad, CA 92008 Email mcaruana(gnaturesimage.net
Phone No. (760) 602-2756
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
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16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settied by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both parties
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. Ifthe resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be fonwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt
to direct a solution to the problem. In such cases, the action of the City Manager will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notification of termination. Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and ofthe percentage of work
that Contractor has performed which is usable and of worth to City in having the Agreement
completed. Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
performed to the termination date; however, the total will not exceed the lump sum fee payable
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under this Agreement. City will make the final determination as to the portions of tasks completed
and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty. City will have the right to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or othenwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part ofthe Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq..
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitied to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement or any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by both parties.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
NATURES IMAGE, INC., a California
corporation
By:
CITY OF CARLSBAD, a municipal
corporation of the State of California
(sign here)
Michelle Caruana / President & Secretary
(print name/title)
ATTEST:
By:
(sign here) BARBARA ENGLES^
City Clerk
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation. Agreement must be signed by one corporate officer from each of the following
two groups.
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY:
Assistant City AttorrreV
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natures image
CORPORATE RESOLUTION
Corporate Officers:
Michelle Caruana, President and Secretary
John Caruana, Vice President and Treasurer
I hereby certify that a meeting duly called, of the Board of Directors of Natures Image, Inc.,
a Corporation in the state of California, held on the 9th day of September, 2014 at which
said meeting a quorum was present and acting throughout, the following preamble and
resolution was adopted and ever since has been and now is in full force effect.
RESOLVED: The following employees are authorized to execute contract documents
or to execute a bid submittals on behalf of Natures Image, Inc.
Name: Title:
Michelle Caruana President and Secretary
John Caruana Vice President and Treasurer
Steven Relnoehl Director
Craig Zaich Chief Performance Officer
John Scatton Controller
In witness whereof, I hereunto set my hand and affix the seal of this Corporation on this Qth
day of September, 2014.
Signature of Secretary
Corporate Seal
20361 Hermana Circle, Lake Forest, CA. 92630 • P 949 680 4400 • F 949 680 4450 • www.naturesimage.net • CL720513
healing environments.
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EXHIBIT "A"
SCOPE OF SERVICES AND FEE
EXHIBIT 1 - LOCATION MAP
EXHIBIT 2 - STREAMBED ALTERATION AGREEMENT NOTIFICATION
NO. 1600-2013-0135-R5
EXHIBIT 3 - COASTAL DEVELOPMENT PERMIT 6-13-0713
EXHIBIT 4 - NOTICE OF DETERMINATION EIR02-03(A)
EXHIBIT 5 - MITIGATION MONITORING AND REPORTING PROGRAM
EXHIBIT 6 - BUENA VISTA CREEK CHANNEL INVASIVE EXOTIC PLANT CONTROL PLAN
EXHIBIT 7 - NATURE'S IMAGE SCOPE OF SERVICES AND FEE
EXHIBIT 8 - PROPOSAL SUMMARY BY YEAR AND ITEM
City Attorney Approved Version 1/30/13
LOCATION MAP
CONCRETE LINED CHANNEL
LEGEND:
PERIODIC CLEANING OF OVERGROWTH
WITHIN AREA AS SHOWN an OF octwHK
AREA OF CHANNEL NOT
CLEANED
VICINITY
MAP
SITE.
NOT TO SCMI
PROJECT NAME BUENA VISTA CHANNEL
MAINTENANCE DISTRICT
EXHIBIT
1
VMS amMl\ni>-tBMi
"EXHIBIT 2"
CALIFORNIA DEPARTMENT OF FISH AND VMLDUPE
SOUTH COAST REGION
3883 RUFFIN ROAD
SAN DEOO, CAUFORNIA 92123
STREAMBED ALTERATION AGREEMENT
NOTIFICATION No. 1600-2013-0135-R5
BUENA VISTA CREEK
CITYOFCARLSBAD
BUENA VISTA CREEK CHANNEL MAINTENANCE PROJECT
]Ji?7°II?®*!^?®™^ Agreement (Agreement) Is entered Into between the
RECITALS
OTPW on July 2.2013, that the Permittee Intends to oomplete the project described
l!lI!w'!^S!T^*° ^ CDFW has detemiined that the project ooirtd sub^ljr adversely affect existing fish or wildlife resources WKJliiSSe^ measures in the Agreement necessary to protect those resources^
^^^Hfl!^^^ "^"^^ ^ Agreement and accepts tts temis and condHfons. including the measures to protect fish and wildllferesouroes.
NOVn^REFO Pemrtlttoe agrees to oomplete the project in aooordanoe wtth the
PROJECT LOCATION
2!y25Pl?J°?*^ wtthin Buena Vista Creek. In the County of San Diego In the
^^^IfS I^SS^"?^' ^"^^^ 33.1782(I^^SgSle.
IHS'SSl? n bounded by State Route 78 to the north, B Camino Real to the
iSiES: ' ^ ^ ^ street to aSvSS
Speclficajf. me project study area is tocated along 11.2 acres of Buena Viste CreST
between the South VIste Way Bridge and the Jeffereon StSsrid^
Notlficatton #1600-2013-0135-R5
Streambed Alterafion Agreement
Page 2 of 15
PROJECT DESCRIPTION
I^rfhoS h , u^""^ of freshwater marsh vegetation within the
northem half of the channel between the upstream face of Jefferson Street Bridge to
the downstream face of South Vista Way Bridge. No trees will be removed during"
Channel rnaintenance activities and no native vegetation will be removed from the
southem half of the stream. Vegetation will be removed during a 5-year cycle so that
freshwater marsh vegetation in one-fifth ofthe northem half of the stream will be
Illn n^rlnfi ^ ""^ Additionally, annual vegetation maintenance activities
will occur near three storm dram outfall structures within the project area. Freshwater
marsh vegetation would be removed down to the base or above the water level while
leaving root systems intact. No dredging or other ground disturbance will occur' as a
part of the maintenance project The project also includes non-native (exotic)
vegetation removal and human generated waste removal throughout the 11.2-acre
siuoy area.
A previous Streambed Alteration Agreement (1600-2004-0006-R5) for a similar oroiect
on January 21. 2009. and expired on December 31. 2013. The previously permitted
?r!l2?T''® ^''''^^^ vegetation removal within the northem half of Buena Vista
wi?h?n thi r Jomli°-^*'°r f ^^'"'^ l^"* '"c'"de vegetation maintenance
nl^r^^ *^f J^,?^^^^ Cornmission zone and did not include annual maintenance
near the three outfall structures Identified on Figure 1.
PROJECT IMPACTS
AM?KIl?'1If iT^t'^^ project could substantially advereely affect include:
RPPS ic " ^'^y^ ^^-^ spadefoot (Spea hammondii);
" orange-throated whiptail (Aspidoscelis hyperytha). westem fence lizard
Sorter snake {ThamrH>phis hammondii), common
h.^t" stensfcurana): BIRDS - mallaid (Anas platyrhyrwhos), Anna's
hummmgbird (Ca/ypfe anna), killdeer (Charadrius vociferus). American crow (CW
fS^^^^ *°^ly^^^!^ (^'^'o^ petechia), southwestem willow flycatcher
(Emp/ctonax traillu extimus), American kestrel (Falco sparverius). black-crowned night
heron (/VKCf/corax nycticorax), double-crested cormorant (Phalacrocorax auritus)
Nuttall s woodpecker (Picoides nuttallil). downy woodpecker (Picoides pubescens)
iPlpilo crissalis), light-footed clapper rail (Rallus longirostris levipes)
r,A^l.f. o"^**"^ (Tyrannt/s vociferans), least Bell's vireo (Vireo tmlliipusillus)-
MAMMALS - coyote (Canis latrans), striped skunk (Mephitis mephitis), raccoon
(Procyon lotoi)- PLANTS - mugwort (Artemisia douglasiana), coyote bush (Baccharis
Pilulans), mulefat (fiaccA»ans salicifolia). flat-top buckwheat (Eriogonum fasciculatum)
goldenbush (Isocoma menziesii), spiny rush (Juncus acutus), sandbar willow (Sa//x
exigua), black willow (Salix gooddingii). arroyo willow (Sa//x lasiolepis), cattail (Typha
nparianAwetland vegetation which provides habitat for those species
and all other aquatic and wildlife resources in the project vicinity
Notification #160G-2013-0135-R5
Streambed Alteration Agreement
Page 3 of 15
The adverse effects the project could have on the fish or wildlife resources identified
above include: change in composition of channel materials; short-term release of
contaminants (e.g., incidental from construction); change in water temperature; loss or
decline of riparian and/or emergent marsh habitat; decline of vegetative diversity;
colonization by exotic plant or animal species; loss or decline of instream channel
habitat; disruption to nesting birds and other wildlife; direct take of terrestrial species;
disturbance ft-om project activity; change in shading or insolation leading to vegetative
change; change in flow depth, width or velocity; and change in percolation.
The project will routinely impact freshwater marsh habitat as well as the understory of
southern willow scrub habitat during a 5-year vegetation maintenance cycle as
described in Table 1. The 6.08-acre maintenance area currently supports 3.67 acres of
freshwater marsh, 1.28 acres of southern willow scrub, and 0.13 acre open water.
Table 1
Habitat Types Impacted During 5-Year Maintenance Cycle
Habitat Type Yearl Year 2 Years Year 4 Years Total (Acres)
Freshwater Marsh 0.91 1.15 0.73 0.43 0.45 3.67
Southem Willow Scrub (understory only) -0.05 0.04 0.68 0.51 1.28
Open Water 0.13 -— — _ 0.13
Total 1.04 1.20 0.77 1.11 0.96 5.08
MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES
1. Administrative Measures
Permittee shall meet each administrative requirement described below.
1.1
1.2
1.3
Documentation at Proiect Site Permittee shall make the Agreement, any
extensions and amendments to the Agreement, and all related notification
materials and California Environmental Quality Act (CEQA) documents, readily
available at the project site at all times and shall be presented to CDFW
personnel, or personnel from another state, federal, or local agency upon
request.
Providinq Aareement to Persons at Proiect Site Permittee shall provide copies
ofthe Agreement and any extensions and amendments to the Agreement to all
persons who will be working on the project at the project site on behalf of
Permittee, including but not limited to contractors, subcontractors, inspectors,
and monitors.
Notification of Conflicting Provisions. Permittee shall notify CDFW if Permittee
determines or learns that a provision in the Agreement might conflict with a
Notification #1600-2013-0135-R5
Streambed Alteration Agreement
Page 4 of 15
provision imposed on the project by another local, stete. or federal agency In
that event, CDFW shall contact Pennittee to resolve any conflict.
1.4 Project Site Entry. Pennittee agrees that CDFW personnel may enter the project
site at any time to verify compliance with the AgreemenL
1.5 Agreed Wori<Activitie.s. The agreed work includes activities associated with the
Project Location and Project Descripfion provided above. Specific work areas
and mitigation measures are described on/in the plans and documents submitted
nJoc B Notification of Lake or Streambed Alterafion 1600-2013-
0135-R5 for the Buena Vista Creek Channel Maintenance Project as well as the
Supplemental Environmental Impact Report forthe Buena Vista Creek Channel
Maintenance Project, and shall be implemented as proposed unless directed
differently by this Agreement.
^ ^ Payment of Outstanding Fees. Pennittee shall submit a fee for each individual
maintenance project to CDFW prior to Initiation of such project. The fee shall be
based on CDFWs Agreement for Routine Maintenance fees as described in the
California Code of Regulations. Title 14, section 699.5.
2. Avoidance and Minimization Measures
To avoid or minimize adverse impacts to fish and wildlife resources identified above
Pennittee shall implement each measure listed below.
Resource Protectlnn
StaqjnqAr^ag. Staging/storage areas fbr equipment and materials shall be
located outside ofthe stream/lake.
Vegetation Maintenance Area Demarcation Prior to each maintenance activity
a qualified biologist shall marie the authorized vegetetion maintenance area "me
demarcation shall be located in a manner where no more than half of the
distance of any laterel sfream transect is within the vegetation maintenance area
No maintenance activities shall occur in the southem half of the channel other
than exotic vegetation removal, human generated debris removal, and activities
related directly to biological surveys and monitoring.
2.3 Bioloqical Monitor. A qualified biological monitor shall be on-site daily during
vegetation removal activities. The biological monitor shall survey the vegetation
maintenance area for wildlife species prior to vegetation removal If any life
stages of any native vertebrate species are found in the area of vegetation
removal, the biological monitor shall ensure the wildlife is allowed to leave the
maintenance area on its own accord, or physically relocate the animal out of
hann's way to the nearest undisturbed areas with suitable habitat within the 11 2-
2.1
2.2
Notification #1600-2013-0135-R5
Streambed Alteration Agreement
Page 5 of 15
acre study area. The biological monitor shall possess appropriate pennits and/or
authorization prior to disturibing or handling any protected species.
2 4 No Native Tree Removal. No native trees shall be removed as a result of the
project. Only those branches in the lower 6 feet of any tree and less than 2
inches in diameter may be pmned to accommodate project activities. Understory
freshwater marsh vegetation such as cattails and sedges may be pruned only as
needed to accommodate project activities. No vegetation shall be removed by
excavation or cutting off below the soil. All pruned material shall be removed
from the area and properiy disposed of.
2 5 Vegetation Removal at Storm Drain Outfall Structures Permittee proposes
annual freshwater marsh removal near three storm drain outfall structures within
the project area identified on Figure 1. Vegetation maintenance areas adjacent
to each outfall structure shall not exceed: 400 square feet adjacent to each outfall
identified as Outfalll and Outfall 2; and 0.05-acre adjacent Outfall 3.
2-6 Stockpiling Removed Vegetation Vegetation removed from the stream shall not
be stockpiled in the stream bed or on its banks. All removed vegetation and
debris shall be disposed of according to State and local laws and ondlnances.
2-7 Native Non-Woodv Vegetation Native non-woody vegetation (e.g. cattails and
sedges) shall be allowed to grow in the channel bottom between maintenance
activities. Native non-woody vegetation may be cut down to a level above the
current water line, and the root system shall be avoided and remain intact. The
use of hert)icide to inhibit growth or kill cattails or sedges is prohibited.
2 8 No Gmbbing of Root Zone No vegetation shall be removed by excavation,
grubbing or cutting of stems below the ground level.
2-9 Removal of Exotic Veoetation Exotic vegetation shall be controlled in the 11.2-
acre study area within the stream during annual maintenance activities, and more
often if required to keep exotic vegetetion under control. At the end of each
annual vegetation maintenance event, exotic vegetation shall not represent more
than 5-percent absolute coverage of the 11.2-acre study area and perennial
exotic vegetation shall not represent more tiian 1 percent ofthe same area.
2 10 Remove Exotic Vegetation bv Hand. Whenever possible, exotic vegetation shall
be removed by hand or by hand tools ratiier than by chemical means. Where
control of non-native vegetation is required within tiie bed, bank, or channel of
the stream, the use of herbicides is necessary, and Oiere is a possibility that the
hert)icides could come into contact with water, Pennittee shall employ only those
hertjicides which are approved for aquatic use. If surfactants are required, they
shall be resfricted to non-ionic chemicals vi^ich are approved fbr aquatic use.
Notification #1600-2013-0135-R5
Streambed Alteration Agreement
Page 6 of 15
2-11 Disposal of Exotic Vegetation Any exotic vegetation removed shall be disposed
of legally in a manner which prevents its reestablishment and in a manner that
does not negatively affect other sensitive native habitat
2-12 Hand Tools Defined Hand tools for this Agreement are described as: shears,
clippers, machetes, scythes, sickles, knives, loppers, trimmers, chainsaws or
other equipment earned into the stream by hand.
2-13 Native Planting and Revegetation If exotic vegetation removal results in
significant areas of bare ground, planting and/or seeding of native species may
occur in onJer to keep exotic vegetation from invading those bare areas, but is
not required as a part of the project.
2.14 Herbicide Mixing. Herbicide mixing sites shall only be located in areas devoid of
vegetation, and where there is no potential of a spill reaching a vegetated area or
a stream, for example avoid mixing at a storm water-inlet.
2-15 HertJicide Use in Aouatic Environment. Any herbicide used where there is the
possibility that tiie herijicide could come into direct contact with water shall be
approved for use in an aquatic environment. Great care shall be taken to avoid
contact with native vegetation, and the heriaicide shall only be applied on calm
days to prevent airbome transfer.
2 16 Clean All Eouioment Before Entering Stream Pennittee shall clean all
equipment of soil containing seed and plant material prior to enfry into the
sfreambed to prevent the spread of invasive exotic plant species from adjacent
areas or other sites where equipment may have been previously used.
Wildlife and Habitat Protection
2-17 Encountered WildlifiB If any wildlife is encountered during project activities, the
wildlife shall be allowed to leave the maintenance area on its own accord, or be
physically relocated by the biological monitor out of hann's way to the nearest
undisturbed areas witii suitable habitat within the 11.2-acre study area. The
biotogical monitor shall possess appropriate pemnite and/or authorization priorto
disturbing or handling any protected spedes.
2-18 Protected Soecies- This Agreement does not authorize take, incidental or
othen«^ise. of any protected species. For the purpose of this Agreement,
"protected species" means the following: a species fully protected under state
law; a candidate species or species listed as threatened or endangered under
the California Endangered Species Act (CESA; Fish & G. Code § 2050 et seq)
and/or Endangered Species Act (ESA; 16 U.S.C. § 1531 et seq.); a species
identified by CDFW as a species of special concem; or any otiier species for
which take is prohibited under state or federal law. No direct or Indirect impacts
Notification #1600-2013-0135-R5
Streambed Alteration Agreement
Page 7 of 15
shall occur to any protected species, except as may be auttiorized by a Natural
Community Conservation Plan or one or more individual pennits that authorize
such impacts.
2-19 Nesting Bird Avoidance. To avoid impacts to nesting birds, native vegetation
removal activities adjacent to nesting habitat shall not take place within the bed.
bank, or channel of the stream from March 15 through September 15.
2.20 Raptor Avoidance. Prior to any vegetation maintenance activity during the raptor
nesting season, (as eariy as January 1st to August 31), a qualified biologist shall
conduct two site surveys for active nests within 1 week prior to any scheduled
vegetation maintenance activity. If an active nest is located, ttien no vegetation
maintenance activity shall be conducted within a 500 foot radius from the nest
until the young have fledged and are independent ofthe adults.
2 21 Exotic Vegetation Removal during Bird Nesting Season. To control exotic
vegetation within the study area, the Pennittee may remove non-native
vegetation from the stream from March 15 tiirough September 15 if a qualified
biologist conducts focused nesting surveys prior to the wortc. Three focused
sun/eys for active nests shall occur on separate days starting within 7 days, with
the final survey occurring within 48 hours prior to the wori<. The biologist must
have previous experience in nesting surveys for special status bird species
known to occur in the area. The results of the surveys shall be submitted to the
CDFW prior to any maintenance activity in the form of a written report and shall
include ttie following infonnation; dates of sun/ey. total field time of sun/ey efforts,
map of sun/ey routes, names of investigators, and if any active neste were found.
Ifthe sun/ey Identifies an active nest a buflier shall be established between the
maintenance activities and the active nest so that nesting activities are not
intemjpted. A qualified biologist shall prepare and submit to CDFW a Biid
Management and Monitoring Plan which includes survey resulte and establishes
the necessary bufliers to avoid take of nest as defined in FGC 3503 and 3503.5.
Each buffer shall be delineated by temporary fencing or flagging, and shall
remain in effect ttiroughout the maintenance activity or until ttie nest is no longer
active. Each buffer shall be a detennined based upon ttie life history of ttie
individual species, sensitivity to noise and general disturijance. cunent site
conditions (screening vegetation, tenain, etc.), ambient levels of human activity,
the various project-related activities, and other features. Pennittee. or any
person acting on behalf of Pennittee, is not relieved from complying with FGC
sections 3503 (bird nests and eggs) and 3503.5 (birds of prey).
2-22 Bat Protection - Bridges. Prior to work commencing 300 feet of any bridge, the
bridge shall be surveyed for bats by a qualified bat biologist to determine if an
active bat roost is present. If an active bat roost is found, vegetation
maintenance activities within 300 feet of the bridge operations shall not be
initiated without specific notice to and consultation with CDFW to assess the risk
of disturbance to the bat roost and develop an avoidance/minimization strategy.
Notification #1600-2013-0135-R5
Streambed Alteration Agreement
Page 8 of 15
CDFW reserves the right provide additional provisions to this agreement
designed to protect nesting/roosting bats. Bat surveys must be conducted within
7 days prior project commencement. Impact minimization measures must be
implemented prior to project activities.
2.23 No Night Work. To allow the stream to continue to function as an effective
wildlife conidor, maintenance activities shall be limited to the period of daylight
hours; no night work is authorized unless othenwise agreed to by the CDFW.
Equipment and Access
2.24 Speed Limit. A 15-mlle per hour speed limit shall be observed on dirt access
roads to reduce dust and allow reptiles and small mammals to disperse.
2.25 No Wheeled Equipment in Wetted Portion ofthe Stream. Vehicles shall not be
driven or operated in water covered portions of a stream or lake, or where
wetiand vegetation, riparian vegetation, or aquatic organisms may be destroyed.
Fill and Spoil
2.26 Stream Materials. Rock, gravel, and/or other materials shall not be imported to.
taken from or moved within the bed or banks of the stream except as othenwise
addressed in this Agreement.
2.27 Deposition of Fill. Depositing fill into the stream is not a covered activity of this
Agreement, tiius is subject to separate notification pureuant to FGC 1600 et seq.
Structures
2.28 Authorized Stmctures. This Agreement does not auttiorize the constmction of
any temporary or pennanent dam. stmcture, flow restriction or fill.
Pollution. Litter, and Clean-Up
2.29 Litter and Pollution. Permittee shall comply witii all litter and pollution laws. All
contractors, subconti^ctore and employees shall also obey tiiese laws and it
shall be the responsibility of the Permittee to ensure compliance.
2.30 Secure Trash Receptacles. Pennittee shall use fully covered trash receptacles
with secure lids (wildlife proof) to contain all food, food scraps, food wrappers,
beverage and other miscellaneous trash. Alternatively, standard trash
receptacles may be used during the day. but must be removed each night.
2.31 Stationan/ Eauipment. Stationary equipment such as motors, pumps,
generators, and welders located within or near the stream shall be positioned
over drip pans. Stationary heavy equipment shall have suitable containment to
handle a catastrophic spill/leak.
Notification #1600-2013-0135-R5
Streambed Alteration Agreement
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2 32 Equipment Maintenance and Fueling. No equipmait maintenance or fueling
shall be done within or near any stream channel where petroleum products or
other pollutants from the equipment may enter these areas.
2.33 Equipment and Vehicle Spills and Contaminants. Any equipment or vehicles
driven or operated within or near the stream shall be checked daily, to prevent
leaks of materials that if introduced to water could be deleterious to aquatic life.
Permittee shall maintain all vehicles and equipment in proper vwrking condition
to minimize fijgitive emissions and accidental spills from motor oil, antifreeze,
hydraulic fluid, grease, and other fluids or hazardous materials. All fuel or
hazardous waste leaks, spills, or releases shall be stopped or repaired
immediately and cleaned up at the time of occurtence. Pennittee shall be
responsible for spill material removal and disposal to an approved offeite landfill
and spill reporting to the pennitting agencies. A spill containment kit shall be
available on site for all maintenance activities.
2.34 Site Cleanup. When operations are completed, any excess materials or debris
shall be removed from the wori< area.
3. Compensatory Measures
To compensate for adverse impacts to fish and wildlife resources identified above that
cannot be avoided or minimized, Permittee shall implement each measure listed below.
3.1 Mitigation for Auttiorized Impacts Compensatory mitigation is not required as
part of this Agreement.
3.2 Mitigation for Unauthorized Impacts. Pennittee shall mitigate at a minimum 5:1
ratio for impacts beyond ttiose auttiorized in tills Agreement. In the event tiiat
additional mitigation is required, the type of mitigation shall be detennined by
CDFW. and may include creation, restoration, enhancement and/or preservation.
4. Reporting Measures
Pennittee shall meet each reporting requirement described below.
4-1 Notification Prior to Wori<. Pennittee shall notify CDFW, In writing, at least 5 days
prior to initiation of each maintenance activity. Notification shall be sent to
CDFWs Soutti Coast Office at the address on page 1, ATTN: Streambed
Alteration Program - SAA # 1600-2013-0135-R5 or altematively by electronic
mail to R5LSACompliance@wildlife.ca.gov.
4-2 Sensitive Species Observations. Permittee shall be responsible for reporting all
observations of threatened /endangered species or species of special concern to
Notification #1600-2013-0135-R5
Streambed Alteration Agreement
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CDFWs Natural Diversity Data Base (CNDDB) wittiin 10 days of sighting. The
form and instmctions for completing the form and submitting the information are
available on-line at http:/Awww.wildlife.ca.gov/biogeodata/cnddb/submitting_data_
to_cnddb.asp. In addition to sending the infonnation to CNDDB a copy should
be sent to CDFWs South Coast Office at the address above, ATTN: Streambed
Alteration Program - SAA #1600-2013-0135-R5.
4-3 Required Annual Reporting An annual report shall be submitted to CDFW each
year for tiie duration of the maintenance project. This report shall include photos
ofthe maintenance and exotic vegetation removal areas along with a summary
documenting the success ofthe exotic vegetation removal efforts. The annual
report shall also include a visual estimate of exotic vegetation cover within the
11.2-acre study area, identifying approximate locations of exotic vegetation on
photo aerial maps which remain after each annual vegetation maintenance
event.
CONTACT INFORMATION
Any communication that Pemilttee or CDFW submits to the other shall be in writing and
any communication or documentation shall be delivered to the address below by U.S.
mail, email, or to such other address as Pennittee or CDFW specifies by written notice
to the otiier.
To Pennittee:
Cityof Carisbad
Sheni Howard
1635 Faraday Avenue
Carisbad, Califomia 92008
(760) 602-2756
sherri.howard@carisbadca.gov
To CDFW:
Califomia Departnnent of Fish and Wildlife
Soutti Coast Region
3883 Ruffin Road
San Diego, Califomia 92123
Attn: Lake and Sfreambed Alteration Program
Notification #1600-2013-0135-R5
Notification #1600-2013-0135-R5
Streambed Alteration Agreement
Page 11 of 15
LIABILITY
Permittee shall be solely liable for any violations of the Agreement whether committed
by Pemnittee or any person acting on behalf of Permittee, including its officers,
employees, representatives, agents or contractors and subcontractors, to complete the
project or any activity related to it that the Agreement authorizes.
This Agreement does not constitute CDFWs endorsement of, or require Permittee to
proceed with the project. The decision to proceed with the project is Pemiittee's alone.
SUSPENSION AND REVOCATION
CDFW may suspend or revoke In its entirety the Agreement if it detennines that
Permittee or any person acting on behalf of Pennittee. including its officers, employees,
representatives, agents, or contractors and subcontractors, is not in compliance with the
Agreement.
Before CDFW suspends or revokes the Agreement, it shall provide Permittee written
notice by certified or registered mail that it intends to suspend or revoke. The notice
shall state the reason(s) forthe proposed suspension or revocation, provide Pennittee
an opportunity to con-ect any deficiency before CDFW suspends or revokes the
Agreement, and include instmctions to Pennittee, if necessary, including but not limited
to a directive to immediately cease tiie specific activity or activities that caused CDFW
to issue the notice.
ENFORCEMENT
Nothing in ttie Agreement precludes CDFW from pureuing an enforcement action
against Permittee instead of, or in addition to, suspending or revoking ttie Agreement.
Nothing in tiie Agreement limits or othenwise affects CDFWs enforcement auttiority or
tiiat of its enforcement pereonnel.
OTHER LEGAL OBLIGATIONS
This Agreement does not relieve Pennittee or any person acting on behalf of Pennittee,
including its officers, employees, representatives, agents, or confractore and
subcontractors, from obtaining any other pennits or authorizations that might be
required under other federal, state, or local laws or regulations before beginning the
project or an activity related to it.
This Agreement does not relieve Pennittee or any person acting on behalf of Pennittee.
including its officers, employees, representatives, agents, or confractors and
subcontractors, from complying with other applicable statutes in the FGC including, but
Notification #1600-2013-0135-R5
Streambed Alteration Agreement
Page 12 of 15
not limited to, FGC sections 2050 et seq. (threatened and endangered species). 3503
(bird nests and eggs). 3503.5 (birds of prey). 5650 (water pollution). 5652 (refuse
disposal into water). 5901 (fish passage). 5937 (sufficient water for fish), and 5948
(obstruction of stream).
Nothing in the Agreement authorizes Permittee or any person acting on behalf of
Permittee, including its officers, employees, representatives, agente. or contractors and
subcontractors, to trespass.
AMENDMENT
CDFW may amend the Agreement at any time during its temn if CDFW detemiines the
amendment is necessary to protect an existing fish or wildlife resource.
Pennittee may amend the Agreement at any time during its tenn. provided the
amendment is mutually agreed to in writing by CDFW and Permittee. To request an
arnendment. Pennittee shall submit to CDFW a completed CDFW "Request to Amend
Lake or Streambed Alteration" fonn and include with ttie completed forni payment ofthe
corresponding amendment fee identified in CDFWs current fee schedule (see Cal
Code Regs., tit 14. § 699.5). ^
TRANSFER AND ASSIGNMENT
This Agreement may not be tiensfened or assigned to another entity, and any purported
transfer or assignment of the Agreement to anottier entity shall not be valid or effective
un ess tiie fransfer or assignment is requested by Pennittee in writing, as specified '
below, and tiiereafter CDFW approves the transfer or assignment in writing.
The transfer or assignment of the Agreement to anottier entity shall constitute a minor
amendment, and therefore to request a tiansfer or assignment. Permittee shall submit
completed CDFW "Request to Amend Lake or Stieambed Alteration" forni
i™?""® completed fomn payment of the minor amendment fee identified in
CDFWs current fee schedule (see Cal. Code Regs., tit. 14. § 699.6).
EXTENSIONS
In accordance with FGC section 1605(b). Permittee may request one extension ofthe
Agreement, provided the request is made prior to tiie expiration of ttie Agreement's
tenn. To request an extension, Permittee shall submit to CDFW a completed CDFW
"Request to Extend Lake or Streambed Alteration" fomn and include with the completed
fomn payment of the extension fee identified in CDFWs cun-ent fee schedule (see Cal
"*' § ®®® P^°*^ss the extension request in accordance witti FGC 1606(b) through (e).
Notification #1600-2013-0135-R5
Streambed Alteration Agreement
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If Permittee fails to submit a request to extend the Agreement prior to its expiration,
Pennittee must submit a new notification and notification fee before beginning or
continuing the project the Agreement covers (FGC section 1605(f)).
EFFECTIVE DATE
The Agreement becomes effective on the date of CDFWs signature, which shall be: 1)
after Pemiittee's signature; 2) after CDFW complies with all applicable requirements
underthe California Environmental Quality Act (CEQA); and 3) after payment ofthe
applicable FGC section 711.4 filing fee listed at
http://www.wildlife.ca.gov/habcon/cega/cega chanoes.html.
TERM
This Agreement shall expire on November 30, 2019 unless it is tenninated or extended
before then. All provisions in the Agreement shall remain in force throughout its tenn.
Permittee shall remain responsible for implementing any provisions specified herein to
protect fish and wildlife resources after the Agreement expires or is tenninated. as FGC
section 1605(a)(2) requires.
EXHIBITS
The documents listed below are included as exhibits to ttie Agreement and incorporated
herein by reference.
Figure 1. "Stomn Drain Outfall Locations"
AUTHORITY
If ttie person signing the Agreement (signatory) is doing so as a representative of
Pemnittee, ttie signatory hereby acknowledges ttiat he or she is doing so on Permittee's
behalf and represents and wan-ante that he or she has the auttiority to legally bind
Permittee to tiie provisions herein.
AUTHORIZATION
This Agreement autiiorizes only the project described herein. If Permittee begins or
completes a project different from the project tiie Agreement auttiorizes, Pennittee may
be subject to civil or criminal prosecution for failing to notify CDFW in accordance with
FGC section 1602.
Notification #1600-2013-013S-R5
Streambed Alteration Agreement
Page 14 of 15
CONCURRENCE
The undersigned accepts and agrees to comply with all provisions contained herein.
FOR CITY OF CARLSBAD
Sheni Howard HDate
Associate Engineer
OF FISH AND WILDLIFE
Gail K. Sevrens Date
Environmental Program Manager
Prepared November 2014 by Kevin Hupf. Environmental Scientist
ML
Notrfication #1600-2013-0135-R5
Streambed Alteration Agreement
Page 15 of 15
jmnOP OAUraWMA-TNE NATUntLRUOUROa MWNOr
"EXHIBIT 3"
tmuma.timm,M..
CAUFORNIA COASTAL COMMISSION
8AN DCGO AREA
7575 MeraOPOUTAN OMVE, SUlIt IDS
BAN HEBO, OA aaiOM4»
(«•) 7«7.aS70
Sherri Howard
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
NOTICE OF ACCEPTANCE
Date: Jtmel7.2014
AppHcant: Citv of Carlsbad
Document or Plans: Final Plans and Assumption of Risk. Waiver of Liabilitv and
Indemnity
Submitted in compliance with Special Condition(s) Nofs).: 1 and 6
of Coastal Development Permit No. 6-13-0713
Remaining Special Condition(s): None
Materia] submitted in compliance with said Special Condition(s) of your development
permit has been reviewed and found to fiilfill the requirements of said conditioi^s). Your
submittal material and a copy of this letter have been made a part ofthe permanent file.
Sincerely,
Kanani Brown
Coastal Program Analyst II
(C. Sm Ototo'KANANr Pom tt\20l3\S-l347l3 (Bveiiva VislmCnxk ClmiiKl MaiMcnma) 6.17.14 NoUee of AcecpMcc docx)
STATE OF CAUFORNIA • NATURAL RESOURCES AGENCY EDMUND G. BROWN. JR.. GOVERNOR
CAUFORNIA COASTAL COMMISSION
SM Otago Ontl OMital OMM
TSTf MalrapaMM OHM, in
PH (•«»)7S74»0 FAX (•tti757.nM
Page 1
Date: April 25,2014
Permit Appiteation No.: 6-13-0713
COASTAL DEVELOPMENT PERMIT
On March 12. 2014, the Califomia Coastal Commission granted to Sherri Howard, City of
Carisbad this pemiit subject to tiie attached Standard «id Special conditions for development
consisting of Implement ongoing maintenance program within the Buena Vista Creek
channel consisting of hand removal of vegetation to increase Hood protection of 0ie
adjacent properties and improve water quality in the Buena Vista Creek and Lagoon
more specifically described in the application filed in the Commission offices.
The development Is wittiin tiie coastal zone at Buena Vista Creek, Carisbad, San Diego, (San Diego
County)
Issued on behalf of the Califomia Coastal Commission by
CHARLES LESTER,
Executive [^rector
ICanani Brown
Coastal Progrvn Analyst
ACKNOWLEDGMENT:
The undersigned permittee acknowledges receipt of this permit and agre^ to abide by all terms and
conditions thereof.
The undersigned pennittee acknowledges that Govemment Code Section 818.4 which states In pertinent
part of tiiafc "A Publk; entity Is not liable for injury caused by the Issuance... of any permit..." applies to the
issuance of ttiis permit
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE
SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 Cal. Admin.
Code Section 13158(a).
Date: (nhk420\H Signature ^MJUM ikuia>d9
Page 2
Date: Api\\ 25,2014
Pernilt Applfcation No.: 6-13-0713
COASTAL DEVELOPMENT PERMIT
STANDARD CONDITIQMS:
1. Notice of Receipt and Acknowledamant The pemiit is not valid and devetopment shall not
commence until a copy ofttie permit, signed by the pennittee or auttiorized agent
acknowledging receipt of tiie pemilt and acceptance ofthe ternns and conditions, is retumed to
the Commission office.
2. Explrs^pn, If development has not commenced, ttie pennit will expire two years firom the date
on whidi ttie Commisston voted on the application. Development shall be pursued In a diluent
manner and oompieted In a reasonabte period of time. Appltoation for extwision of ttie permit
must be made priorto the expiration date.
3. jnterpretaWon. Any questtons of intent or interpretation of any condition will be resolved by the
Executive Director or the Commission.
4. Assiflnpwnt The pemnit may be assigned to any qualified person, provided assignee files witti
the Commission an affklavit accepting all terms and conditions ofttie pemiit.
5- Tenns and Conditlona Run with tha Land These temns and conditions shall be perpetual,
and it is ttie intention of tiie Commission and tiie pemnittee to bind all future owners and
possesscNTS ofthe subject property to the terms and condtttons.
SPECIAL CONDITiOWS.-
This pemilt is granted subject to tiie following special conditions:
1. Final Ptons. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, ttie
appltoant shall submit to the Executive Director for revtow and written approval, final plans for
Hie devetopment Saki plans shall be in substential confonnance wtth ttie preliminary plans
submttted on September 5,2013.
The applicant shall undertake development in accordance wtth the approved final plans. Any
proposed changes to ttie approved final ptons shall be reported to ttie Executive Director. No
changes to the approved final ptons shall occur witiiout a Coastal Commission approved
amendment to tiite coastal development pemntt untoss tiie Executive Director detemiines that no
amendment Is legally required.
2. Permit Term.
A. This coastal development pemntt authorizes devetopment on a temporary basis only. The
development Is auttiorized for a period of five (5) years, commencing upon ttie date of Issuance
of Coastel Development Pemitt No. 6-13-0713, aftor which time ttie auttiorizatlon for
continuation and/or retention of any development approved as part of tills permtt shall cease.
After ttie authorization for tiie development expires, any vegetation removal wfthin ttie project
area will require efther ttie Issuance of a new coastal development pemnft or an amendment to
ttiis coastal development penntt.
Pages
Date: April 25, 2014
Penntt/Application No.: 6-13-0713
COASTAL DEVELOPMENT PERMIT
B. If tiie applicant does not obtain a coastal devetopment pemntt or amendment from ttie
Califomte Coastal Commission to continue tiie creek channel maintenance program priorto ttie
date tiiat authorization for the development expires, the Ctty shall cease all vegetation removal
activtties.
C. All development must occur in stiict compliance wtth the proposal as set forth in the application
for penntt, subject to any special condttions. Any deviation from the approved project plans
must be submttted for revtow by ttie Executive Director to detemnine whettier an amendment to
ttiis coastal development pemitt Is legally required.
3. Sensitive Species Surveys.
To avokl potential impacts to breeding activtties of least Bell's vireo, migratory songbirds, and
other birei species assoctoted wtth tiie adjacent sensitive open water, wetiand, riparian, and
coastal sage scrub habitat woric shall be avoided during ttie birei nesting season, between
February 15* and September 15* of any year, unless auttiori^d In writing by tiie Califomia
Department of Fteh and Wildlife (CDFW) and/or tiie U.S. Fish & WiWIife Sennce. If worit Is
allowed during ttie nesting season of such spectos. a bird monttor shall be onstte while work
occurs, and any woric will stop or move if tiie monttor finds ttiat such species are being negatively
affected by construction.
4. Required Agency Pennite and Approvals. PRIOR TO COMMENCEMENT OF VEGETATION
REMOVAL, tiie applteant shall submtt to the Executive Director, all necessary local, state, and/or
fsderal dtecretionary pennfts, including apprewal from ttie Calftomla Department of Fish and
Wiklllfe. Any mttigation measures or other changes to tiie project required ttirough sato pemitts
shall be reported to ttie Executive Director and shall become part of tiie project. The Executive
Director shall detemnine If such modifications, If any, require an amendment to tills permtt or a
separate coastel development permtt.
5. Mitigation Monitoring and Reporting Program. To protect ttie riparian and wetiand habftat
wfthin and adjacent to the proposed project stte, ttie appltoant shall comply wtth tiie mttigation
measures klentified in ttie Mttigation Monttoring and Reporting Program in flie Rnal Supptomental
Envinximentai Impact Report
6. Assumption of Rtek, Waiver of LtaMiity and indemnity. By acceptance of tills penntt. ttie
applicant acknowtodges and agrees (1) ttiat tiie stte may be subject to hazareis from flooding; (11) to
assume ttie risks to ttie applicant and ttie property that is ttie subject of ttiis pemitt of injury and
damage from suc^ hazareis In connection wtth thte pemnttted devetopment; (III) to uncondtttonally
waive any daim of damage or llablltty against ttie Commission, tts officers, agente. and
employees for injury or damage from such hazareis; and (N) to Indemnify and hold hannless ttie
Commission. Ite officers, agents, and employees vWUi respect to the Commission's approval ofthe
project against any and all llablltty, claims, demands, damages, coste (Including coste and fees
Incuned in defense of such claims), expenses, and amounte paid in setttoment arising from any
injury or damage due to such hazards.
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, ttie applicant shall submtt
a written agreement. In a fomi and content acceptable to the Executive Director, incorporating all
of the above terms of this condttlon.
Page 4
Date: April 25, 2014
Penntt Application No.: 6-13-0713
COASTAL DEVELOPMENT PERMIT
Operations and Maintenance Responsibilities. It shall be the applicant's responsibiltty to
ensure that the following occurs during all proje<^ operations:
(1) Maintenance crews shall be trained in native habitat toentification and tiie parameters of the
maintenance program, with emphasis on trimming of vegetation to allow for flood control as
opposed to complete root removal.
(2) No consbxiction equipment shall be stored in the project area, except during active project
operations.
(3) All vegetetion tilmming shall occur wtthin City easements. If any maintenance activtttos
must be conducted outside of Ctty easement limtts, then ttie Ctty shall obteto pemilsston
from the land owner prior to beginning any such woric.
(4) The proposed project shall not interfere wtth public access on adjacent trails in any manner.
G:\San CKegoPenntts 2CK)0\6-13-0713p.doc
- Notice of Determination -^XRIEIT 4-
To: IS Office of Planning and Researdi From: CITYOFCARLSBAD
P.O. Box 3044 Plannlog Division
Saciamaato, CA 95812-3044 1635 Faraday Avenue
^ 130 1 0 0 Carisbad, CA 92008
13 SD Counly Clerk w R n r« r« (760)602^00
. Attn: JenoifisrSamuela ^KA. 'f-i.®
MaU Stop A-33 ^^r^^ir-t^c^omcuk
1600 Pacific Midway J|JJ| 14 2013
8»Dl.go.CA«101 „ J.Scgt
Filing of Notice of Detennination in compliance wMff ^fflon 21108 or 21152 ofthe Publk
Resources Code.
CITYOFCARLSBAD
JUN 18 2013
PUNIMINQDEPAFnAAENT
Buena Vista Creek Channel Nfaintenance Project Supplemental Program EIR
Project Title
2002101015 City of Carisbad. Barbara Kennedy. Associate Planner (760) 602-4626
Stote ClearingliDnse No. Lead Agen^, Contact Person Telephone Number
City of Carlsbad, San Diego County
Project Locations Olndndc County)
Name of AppUcant: Citv of Carlsbad Utilities Division. Sherri Howard. Associate Engineer
Applicant's Address: IfiSSFuradflv Avmi^y rjir|ff^d.CA 92008
AnnBcant's Tdephoae Numben ^760^ 602-2756
Project Description: Kfeintmance and flood continl activities withm Buoaa Vista Credc as
authorized under a curcmt California Department of Fish and Oame (CDFG) Stieambed
Alteration Agreement (SAA). The proposed project evaluated in die SEIR would also in^lemmt
flood control activities in areas not praviously considered in tiie 2003 PEIR, induding adding the
area east of the Jefferson Stieet Bridge, which is within flie coastal zmie.
This is to advise that the City of Carlsbad has spprofved the above described project on May 28,
2013, and has made the following detennination i^;aiding die above described project.
1. The project will not have a significant e£fect on die environment
2. Q An Envinmmental Lnpact Report (EIR) was in'q>ared for this project pursuant to
the provisions of CEQA.
G A Negative Dechuation was prq>aTed for this project pursuant to ttw provisions of
CEQA.
IEI This project was reviewed previously and a Supplemental Program EIR was
prepared pursuant to die i»tovisions of CEQA.
3. Xfitigation measures were made a condition of the approval ofthe project
4. A mitigation reporting or mcmitoiing plan was adopted for this project
5. A statement of Overriding Considerations wias not adopted fbr ttiis project
6. Findings were made pursuant to the provisions of CEQA.
This is to certify ttiat tbe final Supplemcatal Program ff-T|^ with comments and
responses and reccad of project iqiprovd is available to ttie Oomal Public at THE CTTY OF
3BAD^
C~I2-IA
DON NEU, City Planner Dote
Date received for filing at OPR:
Rwised 04/12
stale of CBlUbmia—Itw Resources figenof
DEPARTMENT OF FISH AND WILDUFE
2013 ENVIRONMENTAL FILING FEE CASH RECEIPT
SEE INSlRUCnOWS OW REVERSE TYPE OR PfUW CLEARLY
LEADAGENCY —
cnry OF CARLSBAD. PLANNING DIVISION
RECEIPT*
SD2013 0468
STATE CUEARINO »O\JSE*0^ptm
2002101015
COUNTY/STATEAGENCYOF FlUNG
SAN DIEGO
FROJECrmE BUENA VISIA CREEK CHANNEL MAINTENAMCE PRiMttt SUPHLhMENTALPROGRAM
DATE
06/14/2013
OOCUMENrNUMBER
'20130100*
EiR"
PROJECTAPPUCANTNAME ,
CITY OF CARLSBAD, UTILrt-IES DIVISION. SHERRI HOWARD PHONENUMBER
760-602-4626 rnvMCWIfWI-TJUAN IADDRESS TCiTY
1635 FARADAYAVENUE IcARLSBAD STAIE
GA
ZIPCODE
92008 mvMGui MrrubANi {uteac appmpiMB box):
• Local PuMCAsenor Q School Distrtct Q Oiher Special DtotrW • State Agency • PrtwaleBitlty
CHECK APPUCABLE fEBS:
Q EnviranmenlalltnpadReport
• Negative Declaration
• AppUcation Fee Water Diversion (S^ta l«Mer Resources Control Board Onfy)
• Pn4eclsSut>iect to CertHied Regulatory Prosram
• County Administrative Fee
• Prqiect that is exempt tfoni fees
• NolfceofExenq)tlon
• DFG No Effect Determination (Fomi Attached)
• Other.
PAYMENT MEmOD:
• Ca^ • Credit Q Chedc Q other 246307
$2,995.25 9,
$2,156.25 $.
S8S0.00 $.
$1,018.60 $ ^
$60.00 $.
$2,995.26
$50.00
TOTALRECEIVB} $ $3.045.25
ORISNAL-PROJECTAPPLCANT COPy.OFGMSB COPY-LEADAGENCY COPY-OOUMTYCIJERK FG7S&St|Rw7Xm
VEHOORNa V001844
05/28/13 089274
CITY OP CARLSBAD
less Farwlay Avenue • CarMiad, CAa2008-78t4 • (TeO) 00^2430 omoKHa 24S307
•1636312 75S0 DfW FBBB FOR CBQR BDENIl VISTA
Total1
3,045.25
3,045.25
osncH asFom oapoarrwa
"EXHIBIT 5"
Mitigation Monitoring and Reporting Program
for the Buena Vista Creek Channel Maintenance Project
Prepared for:
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008
Contact: Barbara Kennedy
Prepared by:
Dudek
605 Third Street
Encinitas, California 92024
MAY 2013
Buena Vista Creek Channel Maintenance Project
Mitigation Monitoring and Reporting Program
TABLE OF CONTENTS
Section Paqe No.
INTRODUCTION 1
Roles and Responsibilities 2
Mitigation Monitoring Team 2
Program Procedural Guidelines 4
Actions in Case of Noncompliance 5
Summary of Project Impacts and Mitigation Measures 5
TABLE
1 Mitigation Measures 6
Exhibit "EIR-B" i May 2013
Buena Vista Creels Channel Maintenance Project
Mitigation Monitoring and Reporting Program
INTRODUCTION
The City of Carlsbad (City) is the lead agency responsible for authorizing construction/
maintenance of the Buena Vista Creek Channel Maintenance Project. Section 21081.6 of the
Public Resources Code requires a public agency to adopt a mitigation monitoring and reporting
program (MMRP) when it approves a project that is subject to the preparation of an Environmental
Impact Report (EIR) and where the EIR for the project identifies significant adverse environmental
effects. The Califomia Enviroimiental Quality Act (CEQA) Guidelines Section 15097 further
defines a lead agency's responsibility to ensure that the mitigation measures identified in the
Subsequent Environmental Impact Report (SEIR) to reduce impacts to less than significant are
implemented during the life of the project.
The project proposes a maintenance regime to reduce flooding along the Channel Maintenance
District. The SEIR includes measures to reduce or avoid potential environmental impacts
associated with the project.
This MMRP is designed to ensure compliance during construction of the proposed project through
ongoing monitoring and reporting of adopted mitigation measures. The primary goal ofthe MMRP
is to ensure that mitigation measures, specified in the EIR, are adequately implemented during
final design, construction, and operation of the project. This plan includes specific actions to be
taken to implement each mitigation measure, information on monitoring requirements, and the
timing of implementation. This report serves a dual purpose to verify completion ofthe mitigation
measures adopted as a condition of approval of the Buena Vista Creek Channel Maintenance
Project, and to generate information of the effectiveness ofthe mitigation measures to guide future
decisions. The program includes the following:
• Roles and responsibilities
• Monitoring team qualifications
• Specific monitoring activities
• Reporting system.
A maintenance program is necessary to provide flood protection for the existing Maintenance
District located along the Buena Vista Creek Channel. While hand removal of vegetation within
one-half of the channel over a 5-year period would not provide for 100-year flood protection for
the properties and parcels within the Maintenance District, this maintenance regime would meet
the goals and objectives of the project while avoiding and minimizing impacts to special-status
biological resources in the channel and to water quality. The proposed maintenance program
consists of hand removal of vegetation within the northem half ofthe channel between the South
Exhibit "EIR-B" 1 May 2013
Buena Vista Creels Channel Maintenance Project
Mitigation Monitoring and Reporting Program
Vista Way bridge and the Jefferson Street bridge. The vegetation would be removed in the northem
half ofthe channel over a period of 5 years so that one-fifth of the vegetation in the northem half
of the channel would be removed by hand every year. Thus, each year, one-tenth of the vegetation
in the channel project site would be removed. Vegetation would not be removed between March
15 to September 15 to avoid impacts to most nesting birds in accordance with the Migratory Bird
Treaty Act. Vegetation removal would occur at the end of the growing season/beginning of the
dormant season. The vegetation would be cut at ground level or the water surface and no ground
disturbance would occur during the lifetime ofthe project. The vegetation would be hauled out of
the channel and disposed of appropriately. For purposes of vegetation removal, maintenance
vehicles will use the existing access road that runs parallel to the northem bank of the channel.
The City will continue to survey the surface elevation of the channel every 4 years to track the
channel bottom elevation changes due to increased silt. If the silt levels exceed 2 feet above the
design elevations, as documented by the survey data, the City will consider maintenance dredging.
However, it is not anticipated that silt levels will exceed 2 feet above the design elevations within
this portion of the channel, nor is dredging addressed in the SEIR.
Roles and Responsibilities
The City shall be responsible for ensuring full compliance with the provisions of the MMRP and
has the primary responsibility for its implementation. The City shall document both compliance
and non-compliance with the MMRP and provide the applicant with the results of the monitoring
effort. In addition, the City shall take corrective action if non-compliance occurs. The City may
assign monitoring and reporting responsibilities to a third-party monitor.
The City and/or their designated contractor(s) is responsible for implementing the mitigation
measures as defined in the SEIR and included in the mitigation measures in Table 1. The City shall
ensure that constmction methods are in accordance with the MMRP and the required mitigation
measures are being implemented.
Mitigation Monitoring Team
A monitoring team shall be identified once the mitigation measures have been adopted as
conditions of approval by the City Council. A successful mitigation implementation and
monitoring program requires the cooperation and participation of each project member. Prior to
the start of constmction, project personnel responsible for overseeing the MMRP shall be
designated and their roles and responsibilities fiirther refined. Managing the team would be the
responsibility ofthe Mitigation Monitor. The monitoring activities would be accomplished by the
Environmental Monitors, Environmental Specialists, and the Mitigation Monitor. While specific
qualifications should be determined by the City, the monitoring team should possess the following
capabilities:
Exhibit "EIR-B" 2 May 2013
Buena VIsta Creels Channel Maintenance Project
Mitigation Monitoring and Reporting Program
• Interpersonal, decision-making, and management skills with demonstrated experience in
working under trying field circumstances;
• Knowledge of and appreciation for the general environmental attributes and special
features found in the project area;
• Knowledge of the types of environmental impacts associated with constmction of cost-
effective mitigation options; and
• Excellent communication skills.
The responsibilities of the Mitigation Monitor throughout the monitoring efibrt include the following:
• Implement and manage the monitoring program;
• Provide quality control for the site-development monitoring;
• Administrate and prepare daily logs, status reports, compliance reports, and the final
constmction monitoring;
• Act as liaison between the City and the City's contractors;
• Monitor on-site, day-to-day constmction activities, including the direction of the
Environmental Monitor and Environmental Specialist in the understanding of all permit
conditions, site-specific project requirements, constmction schedules, and environmental
quality control efforts;
• Ensure contractor knowledge of and compliance with all appropriate permit conditions;
• Review all constmction impact mitigation and, if need be, modify existing mitigation or
propose additional mitigation;
• Have the authority to require correction of observed activities that violate project
environmental conditions or that represent unsafe or dangerous conditions; and
• Maintain prompt and regular communication with the on-site Environmental Monitors and
Environmental Specialists and personnel responsible for contractor performance and
permit compliance.
The primary role of the Environmental Monitors is to serve as an extension of the Mitigation
Monitor in performing the quality control functions at the constmction sites. Their responsibilities
and functions are to:
• Maintain a working knowledge ofthe Buena Vista Creek Channel Maintenance Project,
permit conditions, contract documents, constmction schedule and progress, and any special
mitigation requirements for his or her assigned constmction area;
Exhibit "EIR-B" 3 May 2013
Buena Vista Creek Channel Maintenance Project
Mitigation Monitoring and Reporting Program
• Assist the Mitigation Monitor and the City's construction contractors in coordinating with
the City's compliance activities;
• Observe construction activities for compliance with the City's pennit conditions; and
• Provide frequent verbal briefings to the Mitigation Monitor and constmction personnel,
and assist the Mitigation Monitor as necessary in preparing status reports.
The primary role of the Environmental Specialist is to provide expertise when environmentally
sensitive issues occur throughout the development phases of project implementation and to provide
direction for mitigation.
Program Procedural Guidelines
Prior to any constmction activities, meetings should take place between all the parties involved to
initiate the monitoring program and establish the responsibility and authority of the participants.
Mitigation measures that need to be defined in greater detail will be addressed prior to any project
plan approvals in follow-up meetings designated to discuss specific monitoring effects.
An effective reporting system must be established prior to any monitoring efforts. All parties
involved must have a clear understanding of the mitigation measures as adopted and these
mitigation measures must be distributed to the participants of the monitoring effort. Those that
would have a complete list of all the mitigation measures adopted by the City Council would
include the City staff, the Mitigation Monitor, and the constmction crew supervisor. The
Mitigation Monitor would distribute to each Environmental Specialist and Environmental Monitor
a specific list of mitigation measures that pertain to his or her monitoring tasks and the appropriate
time fi-ame that these mitigations are anticipated to be implemented.
In addition to the list of mitigation measures, the monitors will have mitigation monitoring report
(MMR) forms with each mitigation measure written out on the top of the form. Below the stated
mitigation measure, the form will have a series of questions addressing the effectiveness of the
mitigation measure. The monitors shall complete the MMR and file it with the Mitigation Monitor
following the monitoring activity. The Mitigation Monitor will then include the conclusions in a
report to the City. This report will describe the major accomplishments of the monitoring program,
summarize problems encountered in achieving the goals of the program, evaluate solutions
developed to overcome problems, and provide a list of recommendations for fiiture monitoring
programs. In addition, and if appropriate, each Environmental Monitor or Environmental
Specialist will be required to fill out and submit a daily log report to the Mitigation Monitor. The
daily log report will be used to record and account for the monitoring activities of the monitor.
Weekly and/or monthly status reports, as determined appropriate, will be generated from the daily
logs and compliance reports, and will include supplemental material (i.e., memoranda, telephone
Exhibit "EIR-B" 4 May 2013
Buena Vista Creek Channel Maintenance Project
Mitigation Monitoring and Reporting Program
logs, and letters). This type of feedback is essential for the City to confirm the implementation and
effectiveness ofthe mitigation measures imposed on the project.
Actions in Case of Noncompliance
There are generally three separate categories of noncompliance associated with the adopted
conditions of approval:
1. Noncompliance requiring an immediate halt to a specific task or piece of equipment;
2. Infraction that warrants an immediate corrective action but does not result in work or task
delay; and
3. Infraction that does not warrant immediate corrective action and results in no work or task
delay.
In each case, the Mitigation Monitor would notify the City's contractor and the City of the
noncompliance, and an MMR would be filed with the Mitigation Monitor on a daily basis.
There are a number of options the City may use to enforce this program should non-compliance
continue. Some methods commonly used by other lead agencies include "stop work" orders, fines
and penalties (civil), restitution, pemiit revocations, citations, and injunctions. It is essential that all
parties involved in the program understand the authority and responsibility of the on-site monitors.
Decisions regarding actions in case of non-compliance are the responsibility ofthe City.
Summary of Project Impacts and Mitigation Measures
The following table summarizes the potentially significant project impacts and lists the associated
mitigation measures to be implemented to reduce impacts to less than significant. For mitigation
measures, the time frame to complete the mitigation and the responsible reporting agency are
identified. All mitigation measures identified in the SEIR are recommended as conditions of
project approval and are stated here in language appropriate for such conditions. In addition, once
the Buena Vista Creek Channel Maintenance Project has been approved, and during various stages
of implementation, the designated monitors and the City will further refine the mitigation
measures.
The SEIR, incorporated herein as referenced, focused on issues determined to be potentially
significant by the City. The mitigation measures listed in the MMRP table below can be found in
Chapter 4 of the SEIR at the end of each environmental resource section. Additional detail on why
the mitigation measures are required can also be found in Chapter 4.
Exhibit "EIR-B" 5 May 2013
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"EXHIBIT 6"
Buena Vista Creek Channel
Invasive Exotic Plant Control Plan
Prepared for:
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008
Contact Sherri Howard
Tel: 760.602.2756
Prepared by:
DUDEK
605 Third Street
Encinitas, California 92024
Contact Doug Gettinger
Tel: 760.942.5147
NOVEMBER 2014
Printed on 30% post-consumer recycled material.
Buena Vista Creek Channel Invasive Exotic Plant Control Plan
TABLE OF CONTENTS
Section Paae No.
1 INTRODUCTION 1
2 PROJECT DESCRIPTION 3
3 LEGAL REQUIREMENTS OF THE WEED CONTROL PROGRAM 5
4 SENSITIVE SPECIES ISSUES 7
5 DEFINITIONS USED IN THIS PLAN 9
6 WEED CONTROL PROGRAM 11
7 REPORTING REQUIREMENTS 21
8 REFERENCES 23
FIGURES
1 Regional Map 25
2 Vicinity Map 27
3 Biological Resources Map with Annual Vegetation Removal Areas 29
7177
DUDEK • November2014
Buena Vista Creek Channel Invasive Exotic Plant Control Plan
INTENTIONALLY LEFT BLANK
DUDEK )i November2014
Buena Vista Creek Channel Invasive Exotic Plant Control Plan
1 INTRODUCTION
This invasive plant species control plan (Plan) discusses control of invasive plant species
from the wetlands and upland areas within the Buena Vista Creek Channel Maintenance
Project area. Invasive exotic plants will be controlled as a mitigation measure for temporary
impacts associated with channel maintenance. The Plan updates and replaces the Buena Vista
Creeic Channel Exotic Plant Species Control Plan (Dudek & Associates Inc. 2003), which
was prepared for the smaller project area authorized by the previous agency permits more
than a decade ago.
The project area is located along Buena Vista Creek between the South Vista Way and Jefferson
Street bridges in the Cities of Oceanside and Carlsbad (Figures 1, 2, and 3). The latitude and
longitude ofthe approximate center ofthe site is 33°10'50.59" N and 117°20'00.53" W. The
Universal Transverse Mercator (UTM) coordinates for the approximate center are UTM Easting
(meters) 468911 and UTM Northing (meters) 3671371. The project area lies within the San Luis
Rey U.S. Geological Survey (USGS) 7.5-minute quadrangle. Township 11 South, Range 4 West,
Section 30, and within the Buena Vista Creek Watershed.
Buena Vista Creek at the Jefferson Street bridge, the downstream end of the project area, is
located at approximately 33°10'44.97"N 117°20'25.41"W, and the creek at the South Vista
Way bridge, the upstream end ofthe project area, is located at approximately 33°10'49.66"N
117°19'44.15''W. The project corridor is bounded by State Route 78 to the north and Plaza
Camino Real shopping mall to the south. The project site totals approximately 11.2 acres.
Elevations within the project corridor range from approximately 17 to 25 feet above mean
sea level (AMSL).
7177
DUDEK 1 November 2014
Buena Vista Creek Channel Invasive Exotic Plant Control Plan
INTENTIONALLY LEFT BLANK
DUDEK 2 November2014
Buena Vista Creek Channel Invasive Exotic Plant Control Plan
2 PROJECT DESCRIPTION
This Plan has been prepared in accordance with the Final Supplemental Environmental Impact
Report for the Buena Vista Creeic Channel Maintenance Project, EIR 02-03(4) SCH No.
2002101015 (Dudek 2013). The Plan includes the control, killing, and/or physical removal of
perennial invasive non-native vegetation (weeds). A variety of control methods will be used to
implement this Plan. The control method(s) used will vary depending on several variables,
including, but not limited to, the particular species targeted for control, the overall area to be
treated/removed, whether water is present at the control site, the crew skill level, the tools and
machinery available for use, the time of year, the ease/difficulty of access, and the proximity to
sensitive resources.
The Buena Vista Creek channel serves as a flood control channel and is riprap-sided with a
natural bottom. Jurisdictional wetland habitat types in the project area include southem
coastal saltmarsh, Diegan coastal sage scrub, disturbed habitat, freshwater marsh, mulefat
scrub, omamental, open water, and southem willow scrub. Habitat types generally follow the
Holland vegetation classification system (Holland 1986) and Oberbauer et al. (2008), where
feasible, with modifications to accommodate the lack of conformity of the observed
communities to those of Holland (1986) and Oberbauer et al (2008). Plant names generally
follow Jepson (Baldwin et al. 2012).
To maintain channel floodwater capacity in the project area and protect property, one-fifth of
the aboveground freshwater marsh vegetation will be removed from the northem half of the
channel in the fall of each year on an ongoing basis. As a mitigation measure for the channel
maintenance project, the Program EIR Mitigation Monitoring and Reporting Program
(MMRP) requires the monitoring and control of invasive exotic plant species within the
approximately U.2-acre project area.
Invasive species targeted for control within the project area are generally aggressive, r^idly
colonizing non-native plant species that compromise the quality and functions of natural habitats
within the region. In some instances, invasive species can also compromise safety by
exacerbating flood and fire hazards. It is the intent of this plan to be adaptive, flexible, and
responsive to changing site conditions. Potential control measures will need to be determined if
new invasive weed species are discovered.
A combination of physical removal and herbicide treatment will be required to control invasive
exotic plant species in the project area. To comply with pennit conditions, no vehicles or heavy
equipment may enter into the creek. Vehicles and heavy equipment may work from the adjacent
sewer maintenance access road, however, so long as the vehicles or heavy equipment do not
leave the road and enter jurisdictional wetland areas. All work within jurisdictional wetland areas
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Buena Vista Creek Channel Invasive Exotic Plant Control Plan
must use hand-held equipment. Properly timed, repeat herbicide applications are usually required
for complete control of many well-established invasive exotic species. During a site survey in
September 2003, prior to project implementation, Dudek observed that exotic plant species were
of low density and widely scattered in the project area. Since that time, invasive plant species
have remained at an even lower density and cover.
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Buena Vista Creek Channel Invasive Exotic Plant Control Plan
3 LEGAL REQUIREMENTS OF THE WEED CONTROL PROGRAM
When performing pest control, ail applicable laws, regulations, safety precautions, and label
directions must be followed. State laws and regulations regarding pest control and pesticides are
contained in the Food and Agriculture Code and the Califomia Code of Regulations.
Pest control and pesticide use are under the jurisdiction of the California Environmental
Protection Agency, Pesticide Enforcement Branch. Local enforcement is provided by the
County Agricultural Commissioner. In 1994, the Califomia Department of Fish and Game
(now known as California Department of Fish and Wildlife (CDFW)) signed a Memorandum
of Understanding (MOU) with the Department of Pesticide Regulation (CDPR) and the
California Agricultural Commissioners and Sealers Association acknowledging that CDFW
does not regulate pesticides. The MOU was followed by a Pesticide/Wildlife Incident
Response Plan, dated April 2000, that outlined the scope and roles of each agency with
regard to pesticides and wildlife issues.
In accordance witii state law, this document discusses possible treatment options but does not
dictate the specific methods or materials that must be used to control invasive exotic plant pest
species at specific sites for this project. Actual metiiods and materials will depend on tiie specific
environmental conditions present at the site at the time when control measures are undertaken. If
needed at the time of treatment, tfie contractor or entity performing the control work will obtain a
written recommendation from a licensed Pest Control Adviser. Depending on the circumstances
and pesticide used, a written recommendation may not be required and a Qualified Applicator
License or Qualified Applicator Certificate may make the decisions required for specific
pesticide applications under the terms of their license or certificate.
In accordance with California Food and Agriculture Code, Section 12003, a written
recommendation must contain current site-specific information for each treatment site, and
include tiie following: (a) tiie name and dosage of each pesticide to be used or description of tiie
metiiod recommended; (b) the identity of each pest to be controlled; (c) tiie owner or operator,
and location of and acreage to be treated; (d) the commodity, crop, or site to be treated; (e)
suggested schedule, time, or conditions for tiie pesticide application or other control method; (0
a waming of tiie possibility of damages by the pesticide application that reasonably should have
been known to exist by tfie pest control adviser; and (g) signature and address ofthe pest control
adviser, along with an expiration date for the recommendation. A Pest Control Adviser
recommendation is valid for a maximum of 1 year.
Pesticide registrations, laws, regulations, and label directions change regularly, so tiiis plan
presents general information only. Refer to tiie specific herbicide label for information about
approved metiiods, proper timing, and ^plication rates. The contractor must follow all applicable
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label directions, laws, regulations, and safety precautions when perfonning pest control. It is up to
the pesticide applicator to abide by the most current pesticide laws and regulations.
To apply pesticides for hire, state law requires that the contractor perfonning pest control have a
valid Qualified Applicator Certificate or Qualified Applicator License from the State of Califomia,
as appropriate to the contractor's situation. If a contractor is perfonning the work, the contractor
must also have a valid Pest Control Business License. If the contractor performing the pest control
work needs specific pest control recommendations for any particular pest-control effort, tfie
contractor should consult a licensed Pest Control Adviser for a written recommendation.
Due to a 2001 decision by the U.S.>Iinth Circuit Court of Appeals in the Headwaters Inc. vs.
Talent Irrigation District case, a National Pollutant Discharge Elimination System (NPDES)
permit is required if any pesticides are applied to or come in contact with waters of the United
States. If herbicides are applied to or come in contact with water, enrollment under Water
Quality Order No. 2013-0002-D WQ, General Pemiit No. CAG990005, Statewide General
NPDES Permit for the Residual Aquatic Pesticide Discharges to Waters of the United States
from Algae and Aquatic Weed Control Applications, or any subsequent permit, will be required
prior to applying pesticides to the water.
Herbicides may be legally applied to any portion of the project area without an NPDES
pennit, so long as herbicides are not applied to or do not come into contact with open water,
and all other legal requirements are met. Aquatic herbicides are not legally required for use
in wetland areas unless the herbicide will actually come in contact with open water, or unless
label directions prohibit their use (some pesticides have restrictions in tidal zones or where
saturated soil is present).
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4 SENSITIVE SPECIES ISSUES
Sensitive species present in the project area include the federally and state-listed endangered
least Bell's vireo (Vireo bellii pusillus). Other sensitive or protected wildlife species have the
potential to occur within the project area. The U.S. Environmental Protection Agency (1999) has
developed risk-based guidelines regarding the safe use of pesticides to protect endangered and
threatened species. The CDPR Califomia Pesticide Information Portal website provides
information on pesticide-related issues such as the Endangered Species Custom Realtime
Internet Bulletin Engine, called PRESCRIBE, which replaces the old paper Endangered Species
Bulletins and is found at http://calpip.cdpr.ca.gov/county.cfm?ds=PRESCRIBE.
The online tool will provide use limits for pesticide products in the selected areas, based on the
listed endangered and threatened species that might be present in the area. Use limits allowed
for selective control of invasive exotic plants in occupied habitat at the time this Plan was
prepared. The use limitations take into account known locations of listed species on a regional
basis, the pesticide mode of activity category, and hazard class to provide use limitations to
protect the listed species. Use limitations include establishing buffer zones, containing runoff
water, and establishing prohibitions in occupied habitat, except under certain specific
conditions. The online tool should be consulted at the time control is anticipated to occur to
determine current use limitations.
In addition, the Migratory Bird Treaty Act could also have an impact on the initial removal of
mature exotic trees and shmbs in the project area. Nesting bird surveys are required if the
vegetation removal is performed during the bird breeding season between Febraary 15 and
September 1 of any year. Because of this, most weed control and removal efforts will take place
outside the bird breeding season. Subsequent herbicide treatment of sprouting stumps should be
done at tiie biologically appropriate time for tiiat weed species and could be done during the bird
breeding season, provided the exotics have not grown back to size and structure to support
nesting birds. If the plants being treated do grow back and are able to support nesting birds
before follow-up treatment, nesting bird surveys should be performed before additional control
measures are employed. Limiting follow-up weed control to that period outside the bird breeding
season could allow certain invasive and aggressively growing plant species time to fully recover
from the control measures taken previously, rendering them moot.
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5 DEFINITIONS USED IN THIS PLAN
Project Engineer - The City of Carisbad engineer in charge of the channel maintenance project.
All work done on this project will be done under the authority and responsibility of the Project
Engineer. The Project Engineer shall be the primary contact person for this project.
Restoration Biologist - A Restoration Biologist will be hired by the City with knowledge and
understanding of the native and exotic plant species and natural plant communities present on
site. The Restoration Biologist will have training and experience in habitat restoration projects
in coastal Southern California. The Restoration Biologist shall monitor the work of the
Landscape Contractor and prepare any necessary reports to the City and resource agencies. The
Restoration Biologist shall also detennine whether any planting and/or seeding is necessary
following the removal and/or control of invasive exotic weed species from the project site. The
Restoration Biologist must hold a Pest Control Adviser's license if he or she makes specific
pest control recommendations.
Landscape Contractor - A licensed Landscape Contractor or an agricultural pest control
business with experience in habitat restoration work will be hired by the City of Carisbad to
perform the weed control program. The Landscape Contractor shall possess a valid C-27 License
and a current Qualified Applicator License or Qualified Applicator Certificate, as appropriate to
his or her situation, if he or she is to perfonn the weed control work. The Landscape Contractor
must also have a valid Pest Control Business License. The Landscape Contractor shall have
demonstrated habitat restoration experience in coastal Southem Califomia.
Pest Control Adviser - Section 11410 of the Califomia Food and Agriculture Code defines Pest
Control Adviser as "any person who offers a recommendation on any agricultural use, who holds
himself or herself forth as an authority on any agricultural use, or who solicits services or sales
for any agricultural use." Agricultural use is very broadly defined in the law to include almost all
uses except for specified exceptions for home use, stmctural pest control, industrial or
institutional use, and other specific limited circumstances. The definition of agricultural use
inciudes roadsides, rights-of-way, and waterways, which would include tiie Buena Vista Creek
channel. State law requires that Pest Control Advisers obtain an Agricultural Pest Control
Adviser License and register in the county where they make recommendations.
Recommendations - Section 11411 of the Califomia Food and Agriculture Code defines
recommendation as "the giving of any instmction or advice on any agricultural use as to any
particular application on any particular piece of property." Recommendations must be in writing
and signed, and must include specific required information listed in the regulations. Because
recommendations must have an expiration date not exceeding 1 year from the time they are
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Buena VIsta Creek Channel Invasive Exotic Plant Control Plan
made, and because recommendations must take into account the exact environmental conditions
when control is to be taken,recommendations cannot legally be made in this Plan.
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Buena Vista Creek Channel Invasive Exotic Plant Control Plan
6 WEED CONTROL PROGRAM
The Califomia Invasive Plant Council (Cal-IPC) maintains invasive plant management
information on its website at http://www.cal-ipc.org/ip/management/index.php. Information
available includes invasive plant profiles, invasive plant alerts, and a list of cunent references.
The 2006 Cal-IPC Invasive Species Inventory, as well as New Weeds Added to Cal-IPC
Inventory (Cal-IPC 2007), and any updates to it, can be found at http://www.cal-
ipc.org/ip/inventory/pdf/Inventory2006.pdf Cal-IPC holds an annual symposium in October to
share information, and the proceedings are available on its website.
The University of California Statewide Integrated Pest Management Program maintains a
website with extensive information about pest identification and management at
http://www.ipm.ucdavis.edu/default.html. The Regional Advisor on invasive plants is Carl
Bell; he may be contacted for assistance with new or troublesome pest species.
Up-to-date specimen labels and material safety data sheets for most cunently registered
agrochemicals can be found in a database maintained on the Crop Data Management Systems
Inc. website at http://www.cdms.net/LabelsMsds/LMDefault.aspx. Pesticides can be searched for
by eitiier manufacturer or product name. Current pesticide labels and material safety data sheets
can also be obtained from the manufacturer and product suppliers.
Other useftil published resources include Weeds of California and other Western States, Volume
1, Aizoaceae-Fabaceae (DiTomaso and Healy 2007a) and Weeds of California and other
Western States, Volume 2, Geraniaceae-Zygophyllaceae (DiTomaso and Healy 2007b); Aquatic
and Riparian Weeds ofthe West (DiTomaso and Healy 2003); Invasive Plants of California's
Wildlands (Bossard et al. 2000); Pests of Landscape Trees and Shrubs: An integrated Pest
Management Guide (Dreistadt 1994); and Natural Enemies Handbook: The Illustrated Guide to
Biological Pest Control (Flint and Dreistadt 1998).
Invasive weed species known to the project area are discussed below in alphabetical order by
Latin name, followed by common name(s). Each species is listed with its Cal-IPC rating
(High, Moderate, Limited) and scores (A = Severe, B = Moderate, C = Limited, D = None, U
= Unknown).
Perennial invasive exotic plant species observed growing in the Buena Vista Creek project area
and its associated watershed currently or in tiie past that will be controlled include the following:
acacia (Acacia species), tree-of-heaven (Ailanthus altissima), giant reed (Arundo donax),
Australian saltbush (Atriplex semibaccata), ice plant (Carpobrotus edulis), Pampas grass
(Cortaderia jubata and C. selloana), red gum (Eucalyptus camaldulensis), fennel (Foeniculum
vulgare), evergreen ash (Fraxinus uhdei), perennial pepperweed (Lepidium latifolium),
myopomm (Myoporum laetum), tree tobacco (Nicotiana glauca), Bermuda buttercup (Oxalis
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Buena Vista Creek Channel Invasive Exotic Plant Control Plan
pes-caprae), Virginia creeper (Parthenocissus quinquefolia), fountain grass (Pennisetum
setaceum), Canary Island date palm (Phoenix canariensis), castor bean (Ricinus communis),
Himalayan blackberry (Rubus armeniacus), Brazilian pepper (Schinus terebinthifolius), salt
cedar (Tamarix ramosissima), and Mexican fan palm (Washingtonia robusta). The Restoration
Biologist may add additional species to this list if other species are observed invading the
mitigation area. It is not the intent of this Plan to remove or control any of the omamental
landscape plants placed as a visual buffer along the southem boundary ofthe Buena Vista Creek
channel, around the sewer pump station, or in areas of future development, should it occur.
In addition, the landscape contractor may also control any annual weeds present in the project
area when maintenance occurs. Because of tiieir limited lifespan, along with the limited period of
time that maintenance occurs in the creek channel on an annual basis, the control of annual
weeds is not required. Annual weeds present that might be controlled have included tiie
following: mustard (Brassica nigra, B. rapa. Hirschfeldia incana), poison hemlock (Conium
maculatum), clover (Melilotus spp.), cultivated radish (Raphanus sativus), crown daisy
(Glebionis coronaria), nasturtium (Tropaeolum majus), Maltese star-tiiistle (Centaurea
melitensis), common iceplant (Mesembryanthemum crystallinum), slenderieaf iceplant (M.
nodiflorum), prickly Russian thistle (Salsola tragus), and dwarf nettle (Urtica urens).
The weed control effort each year will coincide witfi tiie beginning of tiie channel maintenance
project, which will begin after tfie bird breeding season ends on September 1. This will ensure tfiat
breeding birds are not harmed by the weed control program should they be nesting in any trees or
shmbs to be removed. Any large exotic trees growing in tfie stream channel will be cut down and
treated with herbicide, if necessary, after the bird breeding season is over.
The need for follow-up weed control measures will depend on tiie species being controlled, how
successful the initial efforts were, and whether new invasive exotic weed propagules are becoming
established in tfie project area. Some invasive weed species require 2 to 3 years of properly timed
treatment to kill tfie plants (Bossard et al. 2000; Di Tomaso and Healy 2003; and Tu et al. 2001).
Follow-up herbicide treatment should be done at the biologically appropriate time when the
recovering plants are still relatively small and before they have time to regain strengtfi and vigor.
This may require treatment during the bird breeding season. Nesting bird surveys will be
performed prior to control during the bird breeding season, as needed. None of the legally
registered herbicides tiiat may be used to treat weeds in the project area pose a threat to avian
species, and they may be used without restrictions, with the exceptions of the use limitations
imposed for threatened and endangered species.
Large trees or plants that are removed during invasive species control work should be removed
from the project site. Seedlings and small plants that are pulled, cut, or sprayed may be left to
decompose on site provided they are in an area where they will quickly desiccate and not in an
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Buena Vista Creek Channel Invasive Exotic Plant Control Plan
area where they may take root and recover. Regrowth that is subsequently treated with herbicide
may be left in place to decompose so long as the plants are not allowed to recover to mature size
before being treated again. The Restoration Biologist will determine which plants need to be
removed and which may be left in place to decompose.
Pesticide label directions change with some frequency, and occasionally new products are
introduced or old ones are withdrawn. Currently registered herbicides that may be used for weed
control in the project area as this Plan was being prepared include, but are not limited to,
glyphosate (trade names Aquamaster, Roundup Pro, Roundup Pro Dry, Roundup Pro
Concentrate, etc.), triclopyr (trade names Garlon 3A, Garlon 4, Pathfinder II), diquat (trade name
Reward), fluazifop-p (trade name Fusilade II), sethoxydim (trade name Poast), and pelargonic
acid (trade name Scythe). All, some, or none of these materials may be used to control weeds in
the project area, depending on circumstances at the time control is accomplished.
The following target invasive exotic plant species are found growing in or near the project area
and will be removed and/or controlled on the project site. Other invasive species may be targeted
as well, such as newly introduced species.
Acacia species - Acacia
Cal-IPC Rating - Species present in the area not listed as invasive by Cal-IPC
Acacias planted on the slope adjacent to the shopping center parking lot as landscape screening
shrubs should not be controlled since they are part of the omamental landscaping for the adjacent
property. Any that volunteer into the creek channel should be controlled. They can be cut down
and the stumps treated with an herbicide such as glyphosate (Aquamaster, Roundup Pro, etc.) or
triclopyr (Garlon 3A, Garlon 41 Pathfinder II), following label directions. Any seedlings tiiat are
discovered can be pulled, if small enough, or sprayed with a dilute herbicide solution according
to label directions.
Ailanthus altissima - Tree-of-heaven
CaMPC Rating - Moderate; Impacts - B; Invasiveness - B; Distribution - B
Tree-of-heaven has been found growing in the project area in the past and has been controlled,
though continued reinvasion is always possible. They can be cut down and tiie stumps treated
with an herbicide such as glyphosate (Aquamaster, Roundup Pro, etc.) or triclopyr (Garlon 3A,
Garlon 4, Patiifinder II), following label directions. The trees should not be cut down and treated
until after the bird breeding season to avoid any nesting birds either in the trees or adjacent
habitat where tiie trees will fall. It is important tiiat tiie cut stump is treated with herbicide to
prevent prolific stump and root sprouting. Any stump or root sprouts tiiat appear will need to be
tf-eated with herbicide applications, perhaps repeatedly. Any seedlings that are discovered can be
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Buena Vista Creek Channel Invasive Exotic Plant Control Plan
pulled, if small enough, or sprayed with a dilute herbicide solution. Herbicide treatments are
most effective in early spring just after leaf expansion.
Arundo donax - Giant reed
Cal-IPC Rating - High; Impacts - A; Invasiveness - B; Distribution - A
Giant reed grows upstream of the project area on Buena Vista Creek and may appear in the
project area in the ftiture. Giant reed can be removed easily by hand if the new plants are
discovered early enough. It should be physically removed as soon as discovered. If giant reed
plants are not discovered before they become well-established, repeat herbicide treatment with
an herbicide such as glyphosate (Aquamaster, Roundup Pro, etc.), following label directions, will
be required. Once established, repeat herbicide applications will likely be required for complete
control. Herbicide treatments are most effective in the fall months up until the first frost. Once a
frost occurs, the herbicide will not translocate down to tfie rhizomes and roots, so herijicide
treatments should cease until spring if a frost occurs.
Atriplex semibaccata - Australian saltbush
Cal-IPC Rating - Moderate; Impacts - B; Invasiveness - B; Distribution - B
Australian saltbush is a low-growing, spreading ground cover that has the ability to displace
native plants. It favors saline soils and disturbed areas and grows on the upland portions ofthe
stream channel banks and adjacent flat areas. Australian saltbush can be controlled by pulling or
spraying with an herbicide solution.
Carpobrotus edulis - Iceplant
Cal-IPC Rating - High; Impacts - A; Invasiveness - B; Distribution - A
Ice plant is a common, spreading ^oundcover tfiat has been found on the channel slopes in tfie
riprap. Iceplant may be controlled by pulling or spraying witii an herbicide. In addition, annual
crystalline iceplant (Mesembryanthemum crystallinum) and slender-leaved iceplant
(Mesembryanthemum nodiflorum) are also found in the area and can also be controlled by
pulling or spraying witii an herbicide.
Cortaderia jubata and C selloana - Jubata grass and Pampas grass
Cal-IPC Rating - High; Impacts - A/A; Invasiveness - A/A; Distribution - A/B
Jubata grass and Pampas grass are some of the worst invasive weed problems in wetland habitat
areas in the City of Carlsbad, but tiiere are not a significant number of plants in tiie project area.
The two species look similar and sometimes grow together, and control is tiie same for botfi
species. Jubata grass and Pampas grass spread by wind-blown seed. Jubata grass and Pampas
grass will likely require ongoing contt-ol of new plants. If tiie plants begin blooming before
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Buena Vista Creek Channel Invasive Exotic Plant Control Plan
conhx)l measures are undertaken, the flower stalks should be carefully cut off and bagged to
prevent seed dispersal. Small plants can be pulled, and larger plants will either need to be cut
down and/or sprayed with herbicide. Fall is ttie best time for herbicide treatment of jubata grass
and Pampas grass. Repeated treatments may be necessary for established plants.
Eucalyptus camaldulensis - Red gum
Cal-IPC Rating - Limited; Impacts - C; Invasiveness - C; Distribution - C
There are numerous red gum trees growing within the Buena Vista Creek watershed upstream
and around the project site. Many red gums have been planted in adjacent landscaped areas and
have volunteered into riparian areas. Red gum can be cut down and the stumps treated with an
herbicide such as glyphosate (Aquamaster, Roundup Pro, etc.) or triclopyr (Garlon 3A, Garlon 4,
Pathfinder II), following label directions. Any seedlings that are discovered can be pulled or
sprayed with a dilute herbicide solution. It should be noted that there are otiier species of
Eucalyptus that have been planted in areas adjacent to tfie project that are not invasive and they
should not be controlled as part of this project. Examples include bushy yate (Eucalyptus
lehmannii) tiiat has been planted at the sewer pump station next to the Jefferson Street bridge,
and various other species planted in adjacent shopping centers.
Foeniculum vulgare - Fennel
Cal-IPC Rating - High; Impacts - A; Invasiveness - B; Distribution - A
Fennel is a tough and aggressive tap-rooted weed problem in mesic areas. Fennel is an aromatic
herb that has escaped cultivation. It can form dense stands and tends to go dormant during the
summer montiis. It spreads by seed, germinates, and grows quickly, out-competing many native
species. The seed is viable for several years. TTie seed may be dispersed by bird and other
animals, transported in water, and with soil movement (Bossard et al. 2000). Fennel can also
reproduce from root fragments. Fennel occurs along Buena Vista Creek in riprap areas. Repeated
herbicide treatments in the spring will likely be required for successful control. Manual control is
usually ineffective because the plants sprout from root fragments left in the soil. Herbicides such
as glyphosate (Aquamaster, Roundup Pro, etc.) or triclopyr (Garlon 3A, Garlon 4), following
label directions have proven effective. Spring is the most effective time for herbicide control.
Fraxinus uhdei - Evergreen ash
CaHPC Rating - Species not listed as invasive by Cal-IPC
Evergreen ash is an omamental species that can be found growing witiiin Buena Vista Creek
watershed. Volunteers were present in the project area in tiie past and can be expected to
volunteer in the future. Large trees should not be cut down and treated until after the bird
breeding season to avoid any nesting birds eitiier in the tf-ees or adjacent habitat where the trees
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Buena Vista Creek Channel Invasive Exotic Plant Control Plan
may fall. The trees can be cut down and the stumps ti-eated with an herbicide such as glyphosate
(Aquamaster, Roundup Pro, etc.) or triclopyr (Garion 3A, Garlon 4, Pathfinder II), following
label directions. Any seedlings that are discovered can be pulled or sprayed with a dilute
herbicide solution.
Lepidium latifolium- Perennial pepperweed
Cal-IPC Rating - High; Impacts - A; Invasiveness - A; Distribution - A
Perennial pepperweed appeared in the project area in the past few years. The seed germinates
and grows quickly, out-competing many native species. Perennial pepperweed also spreads
by vegetative means; root fragments that break off during rainstorms can root downstream if
they settle in a location with sufficient moisture. It grows in mesic and riparian areas and
tolerates saline and alkaline conditions. The plants produce white flowers during the late
spring to summer months, which makes it easier to spot at that time when it is growing
among other vegetation.
Perennial pepperweed requires repeated herbicide treatinent over a period of several years to kill
the plants, as well as to kill newly germinated seedlings. The most effective time to treat
perennial pepperweed is when the plant is in bud prior to bloom, usually occuning from spring
into summer (Bossard et al. 2000). Herbicides that can be used to treat perennial pepperweed
include diquat (Reward), glyphosate (Aquamaster, Roundup Pro, etc.), pelargonic acid
(Scytiie), and triclopyr (Garlon 3 A, Garlon 4, Patiifinder II). All of tiiese materials are applied
as a foliar spray. Pulling or digging out perennial pepperweed is ineffective because the plant
has a massive, extensive root system that will regrow from small root fragments left in tiie soil.
Myoporum laetum - Ngaio tree
Cal-IPC Rating - Moderate; Impacts - B; Invasiveness - B; Distribution - B
Ngaio trees are found growing in the project area and are used in omamental landscape situations
in tiie area. Ngaio tf-ee can be cut down and the stumps treated witii an herbicide such as
glyphosate (Aquamaster, Roundup Pro, etc.) or triclopyr (Garlon 3A, Garlon 4, Patiifinder II),
following label directions. Any seedlings that are discovered can be pulled or sprayed with a
dilute herbicide solution.
Nicotiana glauca - Tree tobacco
Cal-IPC Rating - Moderate; Impacts - C; Invasiveness - B; Distribution - B
Tree tobacco can be found growing in tfie channel slopes of tfie project in ripr^ and other areas.
Small plants can easily be pulled, but larger plants will need to be ti-eated witfi an herbicide such
as glyphosate (Aquamaster, Roundup Pro, etc.), at tfie label rate. Tree tobacco is best treated
using tfie cut stump herbicide heatinent method. Treatinent is most effective during periods of
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Buena VIsta Creek Channel Invasive Exotic Plant Control Plan
active growth. Tree tobacco can be treated with a foliar spray, but the foliage has a waxy surface,
and the herbicide solution often rolls off the leaves. A spreader sticker should be used if foliar
sprays of herbicide are used to help with herbicide uptake. Seedlings may be pulled when the soil
is moist or sprayed with a foliar application of herbicide.
Oxalis pes-caprae - Bermuda buttercup
Cal-IPC Rating - Moderate; Impacts - B; Invasiveness - B; Distribution - B
Bermuda buttercup is a difficult-to-control weed that can be found growing on the south-side
channel slope near the South Vista Way bridge. The plants produce bulbs and go dormant during
dry periods, making it difficult to control when maintenance normally occurs on the project site.
Actively growing plants can be treated witii an herbicide such as glyphosate (Aquamaster,
Roundup Pro, etc.) or ti-iclopyr (Garlon 3A, Garion 4, Pathfinder II), following label directions.
Repeated herbicide treatinent is likely to be required for effective control.
Partlienocissus quinquefolia - Virginia creeper
Cal-IPC Rating - Species not iisted as invasive by Cal-IPC
Virginia creeper is a deciduous omamental vine. A patch of Virginia creeper has established
within a dense patch of narrow-leaved willow (Salix exigua), and has been found to be difficult
to control. The plants can be treated with an herbicide such as glyphosate (Aquamaster,
Roundup Pro, etc.) or triclopyr (Garion 3A, Garlon 4, Pathfinder II), following label directions.
Care needs to be taken to prevent killing the plants that the vines are growing on and wrapping
around. The vines may need to be untangled and separated from the adjacent foliage and laid
carefiilly on the ground away from the other plants to ti-eat with herbicide. Both foliar spray
and cut stump treatment methods can work effectively. Repeated herbicide ti-eatment is likely
to be required for effective control.
Pennisetum setaceum — Fountain grass
Cal-IPC Rating - Moderate; Impacts - B; Invasiveness - B; Distribution - B
Fountain grass was originally planted by the Califomia Department of Transportation along
freeways in the region and has spread out from there to become an invasive weed problem in
some natural areas. It can be found growing along State Route 78 and in the riprap of Buena
Vista Creek. Herbicide treatment is the only viable control option in this situation, and even then
may prove difficult. A 5% glyphosate (Aquamaster, Roundup Pro, etc.) solution sprayed witii
hand-held equipment into the crown of the plant is reported to be more successful tfian standard
foliar spraying. Refer to a current herbicide label for complete directions. Repeated herbicide
treatment is likely to be required for effective control.
DUDEK 17 November 2014
Buena Vista Creek Channel Invasive Exotic Plant Control Plan
Phoenix canariensis - Canary Island date paim
CaHPC Rating - Limited; Impacts - C; Invasiveness - B; Distribution - D
Canary Island date palm was growing in the downstream portion ofthe project area as this Plan
was being prepared. The area where tiiey are found was not within the former project area. There
are also ti-ees growing just upstt-eam of the project area. Canary Island date palms are easily
controlled by cutting off the growth bud found in the head, or by spraying with herbicides, such
as diquat (Reward), glyphosate (Aquamaster, Roundup Pro, etc.), and pelargonic acid (Scythe).
Larger palms should be cut down and removed from the channel. Altematively, tfiey can be
killed and left in place using the herbicide injection method. Refer to the herbicide label for
directions. Smaller seedling palms may be pulled if they are small enough, sprayed with
herbicide, or have the growth bud cut off.
Ricinus communis - Castor bean
Cal-IPC Rating - Limited; Impacts - C; Invasiveness - B; Distribution - B
Castor bean can be pulled when the plants are small and tfie soil is moist A weed wrench can
also be used. When tfie soil is dry and hard, herbicide ti-eatinent will be required. Foliar spray,
cut stump, or hollow-stem injection methods all work. Seedlings may be pulled when the soil is
moist or sprayed with a foliar application of herbicide. Seedlings and small plants under about 2
feet tall will likely be killed by one herbicide application; larger plants may require repeat
heiticide treatments to kill the plants. If plants are cut down witfiout using follow-up herbicide
ti-eatment, repeated cutting at regular intervals will be required to kill the plants. Treatinent is
most effective during periods of active growtfi. Ideally, the plants should be contix)lled each year
before they set seed. Herbicides tfiat may be used on castor bean include diquat (Reward),
glyphosate (Aquamaster, Roundup Pro, etc.), and pelargonic acid (Scytfie).
Rubus armeniacus - Himalayan blackberry
Cal-IPC Rating - High; Impacts - A; Invasiveness - A; Distribution - A
Himalayan blackberry is strong, hi^ly competitive plant growing as a dense thicket among
willows along Buena Vista Creek. The plants can be treated with an herbicide such as glyphosate
(Aquamaster, Roundup Pro, etc.) or triclopyr (Garlon 3A, Garlon 4, Patiifinder II), following
label directions. Control is reported to be better when treatment occurs during the summer
months rather than during the fall, winter, or spring months.
Schinus terebinthifolius - Brazilian pepper
Cal-IPC Rating - Limited; Impacts - C; Invasiveness - B; Distribution - C
Brazilian pepper is a common omamental tree species from South America that volunteers into
wetiand areas. The trees should be cut down and stiimp ti-eated witfi an herbicide such as
DUDEK 18 November 2014
Buena Vista Creek Channel Invasive Exotic Plant Control Plan
glyphosate (Aquamaster, Roundup Pro, etc.) or triclopyr (Garlon 3A, Garlon4, Pathfinder II),
following label directions. Sprouting stumps can then be sprayed witfi a dilute herbicide solution,
following label directions.
Tamarix ramosissima - Salt cedar
Cal-IPC Rating - High; Impacts - A; Invasiveness - A; Distribution - A
The U.S. Department of Agriculttire is working on biological conta-ol agents to control salt cedar,
which may eventually provide adequate contTo\ over the long tenn. In the meantime, other methods
will be required. Salt cedar is a bushy h-ee that can be difficult to conti-ol and will likely require
repeated herbicide treatments.
Salt cedar can be contixilled by herbicides, using foliar spray or tiie cut shimp metiiod. Timing
depends on the herbicide material used. Triclopjr witfi tfie hade names Garlon 4 and Pathfinder II
can be used year-round, while Garlon 3A should only be used during flie growing season. For
glyphosate, various Roundup formulations and similar products, ti^atinent should only be done
during late spring to early fall during active growtii (Bossard et al. 2000).
Salt cedar can also be conbx)lled by ftilling and injecting herbicide into tfie cambium layer of the
trunk. Isolated plants-could be left in place to decompose. Mechanical metfiods such as cutting tiie
plants down witfiout tfie use of herbicides are difficult because tfie plants have extensive root systems
tfiat will sprout new growtfi. Jf salt cedar is conti-olled by cutting witfiout herbicide ti^atinent, tfie
stump and root sprouts will need to be repeatedly cut several times a year until tiiere is no regrowtfi
and tfie plants are dead. Seedlings may be pulled when tfie soil is moist or sprayed with a foliar
applfcation of heibicide. Diquat (Reward) and pelargonic acid (Scytfie) are two contact killere tfiat
may be used in certain circumstances, but they provide no systemic control.
Washingtonia robuaa - Mexican fan palm
CaHPC Rating - Moderate - Alert; Impacts - B; Invasiveness - B; Distribution - C
Mexican fan palm is widely used as an omamental tree in the region and can be expected to
continually volunteer into the project area. Mexican fan palms are easily controlled by
cutting off the growth bud found in the head, or by spraying with herbicides, such as diquat
(Reward), glyphosate (Aquamaster, Roundup Pro, etc.), and pelargonic acid (Scythe).
Smaller seedling palms may be pulled if they are small enough, sprayed with herbicide, or
have the growtii bud cut off.
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Buena Vista Creek Channel Invasive Exotic Plant Control Plan
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DUDEK 20 November2014
Buena Vista Creek Channel Invasive Exotic Plant Control Plan
7 REPORTING REQUIREMENTS
Mitigation Measure BlO-2 (Dudek 2013) requires the submittal of an annual monitoring report
to the City of Carisbad City Planner and City Engineer to document the invasive exotic plant
species control program. CDFW will also require an annual report be submitted as a Special
Condition for the 1602 Streambed Alteration Agreement that will be issued for the project. In
conjunction with the annual clearing of vegetation on Buena Vista Creek, the Restoration
Biologist shall prepare a brief letter report describing the weed contixil efforts for the previous
year. The annual reports should be submitted at the end of each calendar year. In addition, state
law requires the Contractor to submit monthly pesticide use reports to the County Agricultural
Commissioner documenting every pesticide application.
Should an NPDES permit be required due to pesticides being applied to surface water, a separate
monitoring and reporting program may be required to comply with permit conditions. The
NPDES permit should be consulted for cunent testing, monitoring, and reporting requirements.
Any reports should be submitted to the City Planner and City Engineer for forwarding to the
Regional Water Quality Control Board.
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Buena Vista Creek Channel Invasive Exotic Plant Control Plan
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DUDEK 22 November 2014
Buena Vista Creek Channel Invasive Exotic Plant Control Plan
8 REFERENCES
Baldwin, B.C., D.H. Goldman, D.J. Keil, R. Patterson, T.J. Rosatti, and D.H. Wilken, editors.
2012. The Jepson Manual: Vascular Plants of California. 2nd Edition. Berkeley,
Califomia: University of Califomia Press.
Bossard, Carla C, John M, Randall, and Marc C. Hoshovsky. 2000. Invasive Plants of
California's Wildlands. Berkeley, Califomia: University of Califomia Press.
Cal-IPC (Califomia Invasive Plant Council). 2006. California Invasive Plant Inventory. Cal-IPC
Publication 2006-02. Berkeley, Califomia: California Invasive Plant Council. Febmary
2006. Accessed October 2014. http://www.cal-
ipc.org/ip/inventory/pdf/Inventory2006.pdf
Cal-IPC. 2007. New Weeds Added to Cal-IPC Inventory. Berkeley, Califomia: Califomia
Invasive Plant Council. Accessed October 2014. http://www.cal-
ipc.org/ip/inventory/pdf/WebUpdate2007.pdf
Califomia Food and Agriculture Code, Sections 11410 and 11411. Division 6. Pest
Control Operations.
Di Tomaso, Joseph M., and Evelyn A. Healy. 2003. Aquatic and Riparian Weeds of the West.
Oakland, Califomia: University of Califomia, Agriculture and Natural Resources
Publication 3421.
DiTomaso, Joseph M., and Evelyn A. Healy. 2007a. Weeds of California and other Western
States, Volume 1, Aizoaceae- Fabaceae. University of Califomia, Division of Agriculture
and Natural Resources.
DiTomaso, Joseph M., and Evelyn A. Healy. 2007b. Weeds of California and other Western
States, Volume 2, Geraniaceae-Zygophyllaceae. University of Califomia, Division of
Agriculture and Natural Resources.
Dreistadt, Steven H. 1994. Pests of Landscape Trees and Shrubs: An Integrated Pest
Management Guide. Publication 3359. Oakland, Califomia: University of Califomia,
Division of Agriculture and Natural Resources.
Dudek. 2013. Final Supplemental Environmental Impact Report for the Buena Vista Creek
Channel Maintenance Project, EIR 02-03(A) SCH No. 2002101015. May 2013.
Dudek & Associates Inc. 2003. Bmna Vista Creek Channel Exotic Plant Species Control Plan.
October 2003.
DUDEK 23 November2014
Buena Vista Creek Channel Invasive Exotic Plant Control Plan
Flint, Mary Louise, and Steve H. Dreistadt. 1998. Natural Enemies Handbook: The Illustrated
Guide to Biological Pest Controi Publication 3386-H. University of California of
Califomia, Division of Agriculhire and Natural Resources.
Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of
California. Nongame-Heritage Program, Califomia Department of Fish and Game.
October 1986.
Oberbauer, T., M. Kelly, and J. Buegge. 2008. Draft Vegetation Communities of San Diego
County. March 2008. Accessed October 2014. http://www.sdcanyonlands.org/canyon-
groups/canyon-group-resources/canyon-enhancement-guide/189-canyon-enhancement-
planning-guide-materials.
Tu, M., Hurd, C, & J.M. Randall. 2001. Weed Control Methods Handbook: Tools & Techniques
for Use in Natural Areas. The Nature Conservancy. April 2001.
U.S. Environmental Protection Agency. 1999. Protecting Endangered Species: Interim Measures
for Use of Herbicides in San Diego County. December 1999.
DUDEK 24 November 2014
Buena Vista Creek Channel Invasive Exotic Plant Control Plan
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Buena Vista Creek Channel Invasive Exotic Plant Control Plan
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DUDEK 28 November 2014
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Modified Proposal, Buena Vista Creek
FEE SCHEDULE
Item
Exotics Maintenance
Yearl
Year 2
Year 3
Year 4
Year 5
2015 INCLUDING NEW AREA (SECTION I)
iifiiS fia UnitCo.st Total Cost
Visits
Visits
Visits
Visits
Visits
3
3
3
3
2
$5,533.00
$4,452.00
$3,678.00
$3,678.00
$3,711.00
$16,599.00
$13,356.00
$11,034.00
$11,034.00
$7,422.00
Monitorint.(Shall be paid T&M based on the attached rate schedule)
V ^ $15,113.00 1"^^ LS ji5„3oo
"^^"^ LS ji5^„3_oo
•usicui^nannen.ieair
Year 1- Section 1
•ng (2>hall
Est
be paid
33 Year 2-Section 2 Est 25
Year 3- Section 3 Est 15
Year 4-Section 4 Est 22
Year 5- Section 5 Est 20
Working days
Working days
Working days
Working days
Working days
Yearl
Year 5
LS
LS
Bat Survey
$70,354.00
$55,004.00
$34,437.00
$50,357.00
$43,647.00
$2,571.00
$3,795.00
Page 2 of4
20361 Hem,anaOrcle,UkB Forest CA.92630.P949 680 4400.F949B804450 .wv«^^^
healing env r 0 n m e n t s.
natures image
Equipment, Personnel and Materials Rates 2015
Eouinment fwithout oncratnrs)
40 Yard Bin/Dump Fees (invoice + 15%)
Backpack Sprayer
5 Yard Dump Tmck
Personnel
Laborer
Foreman
Project Manager
Materials
Worker Safety Equipment (gloves, suites, safety glasses)
$12/Day/Person
Aquatic- Approved Glyphosate (Roundup Custom)
Aquamaster
Fusilade II
Herbimax
Surfactant
Dye (Generic)
Monitoring Biologists
Task Lead - Field Biologist
Chez or Griffin Bmngraber
Support Task Lead - Asst Field Biologist
Lee Ripma or Jim Rocks
Unit Price
$600-$l,000/Day
$2/Day
$375/Day
UnitPrice
$34/Hour
$43/Hour
$90/Hour
Unit Price
$55/Gal
$138/Gal
$80/Qt
$17/Gal
$35/Gal
$45/Gal
$90^our
$85/hour
Expenses
Mileage rates will be billed at tiie cunent govemmental rate for tiie biological monitors. For
2014, the rate is 0.56/mile. Reimbursable items (if any) shall be billed at cost + 15% and
may include but are not limited to printing, shipping fees, specialty equipment. Additional
services beyond tiiis scope of woric would be billed on a time and materials basis on written
authorization from the City.
NOTE: This proposal includes Jefferson Bridge, the channel from Jefferson Bridge upstream
to the Coastal Zone border, and Vista Way Bridge. The area described above added
approximately 3.13 acres to the project
Page 3 of 4
20361 Hermana Circle, Lake Forest, CA. 92630 • P 949 680 4400 • F 949 680 4450 • www.naturesimage.net • CL720513
healing environments.
natures image
INCLUSIONS & NOTES: Nattires Image, Inc. is a non-union company. Items not specified
in this bid are neither implied nor included. Need ftilly executed contract 14 days prior to
start of work. This proposal shall become an addendum to any conti-act with the terms set
forth in this addendum which shall supersede any conflicting terms in any other conti-act
documents. Tasks included: weeding, site maintenance, exotic species removals, reports,
pesticide and herbicide spraying, spraying reh-eatments, bat surveys, channel clearing, and
site maintenance. This proposal includes complying with the Califomia Department of Fish
and Wildlife Permits.
Bid Price: Good for 90 days Terms: Net 30 days
Ifyou have any questions, do not hesitate to contact myself or Michelle Camana at 949-680-
4400. Thank you for the opportunity to provide this proposal.
Sincerely,
NATURES IMAGE, INC.
Grady Banister
Estimator
Page 4 of 4
20361 Hermana Circle, Lake Forest, CA. 92630 • P 949 680 4400 • F 949 680 4450 • www.naturesimaae.net • CL720513
healing environments.
^ natures image
EXHIBIT 7
Febmary 2,2015
Ms. Sheni Howard
Associate Engineer, Utilities Engineering Division
City of Carlsbad Public Works Department
1635 Faraday Avenue
Carlsbad, CA 92008
Dear Ms. Howard,
Enclosed please find the adjusted proposal for the long terni maintenance of Buena Vista
Creek, witii tfie additional area in tiie Coastal Zone and tiie two bridge bat surveys included.
The original scope included five sections. Using tiie aerial map on page 67 of tiie RFP
the additional area added 3.13 acres to the scope. The new map mentioned above kept
the number of sections at five but increased the project area by approximately 27%.
All five sections changed in size. Also the sections are numbered starting from Jefferson
Bridge to the Coastal Zone boundary as Section 1, so to avoid confiision when refening to
die map, the sections now start with #1 to the soufli and end at section #5 at Vista Way
Bridge to the north.
The tasks will still be invoiced per our proposal dated Febmary 2. However we have
adjusted our estimated working days to reflect tiie new scope of work. After looking at the
added section (Section #1) and reviewing tiie work done at tiie initial start up of tiie Buena
Creek Maintenance, we believe the initial channel clearing and exotics maintenance will
require some additional effort compared to tiie sections we have been maintaining for ttie last
ten years. That additional effort is reflected in tiie following Lump Sum Fee Schedule
provided. Additionally, the monitoring will increase due to our increased number of working
days. This is a Time and Materials Job so tiie pricing provided should be fa-eated as budget
numbers rather tiian billable amounts per task.
Please note, tiie RFP did not describe tfie twin culvert maintenance which we had previously
performed. The newly added section does add an additional outlet We did not provide
pricing for tfie outiet maintenance since it was not requested in tiie RFP. The twin culvert
maintenance historically was a montiily task. If maintenance woric is desired flie T. & M.
rates can ^piy.
Following is tfie Modified Proposal for Buena Vista Creek.
Page 1 of 4
20361 Hennana Circle, Lake Forest, CA. 92630 • P 949 680 4400 • F 949 680 4450 • www.naturesimaae.net • CL720513
killing environments.
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