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HomeMy WebLinkAboutCC Resolution 11272 (Native Grassland Enhancement Program)RESOLUTION NO. 11272 RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL AUTHORIZING THE SIGNING OF A RIGHT -OF -USE AGREEMENT WITH SIGNATURE PROPERTIES FOR IMPLEMENTATION OF A NATIVE GRASSLAND ENHANCEMENT PROGRAM ON OAKHILL CITY OPEN SPACE The City Council of the City of San Rafael hereby resolves as follows: The Vice -Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, a Right -of -Use Agreement with Signature Properties for the implementation of a native grassland enhancement program on the Oakhill City Open Space (APN 175- 060-18 and 19), a copy of which is attached hereto and incorporated herein by this reference. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 3rd day of March 2003, by the following vote to wit: AYES: Councilmembers: Cohen, Heller, Miller & Vice -Mayor Phillips NOES: Councilmembers: None ABSENT/ DISQUALIFIED: Councilmembers: Mayor Boro (due to Conflict of Interest) JER1V�E M. LEONCNI, City Clerk ccrsoakl .doc RIGHT OF USE AGREEMENT This Right of Use Agreement ("Agreement") by and between Signature Properties, Inc., a California corporation (herein "Signature"), and the City of San Rafael (herein "City") is entered into as of the 3rd day of March 2003. 1i,it"WN 33aa RECITALS WHEREAS, Signature is currently developing a mixed-use project commonly referred to as Redwood Village (formerly Ranchitos Park) on 17.5+ acres located at North San Pedro Road and Los Ranchitos Road, APN 179-131-01 and portion of 179- 142-30 (the "Project"); and WHEREAS, the Project would result in the loss of 5.85 acres of native grassland, which requires replacement. The conditions of approval for the Redwood Village project require the development and implementation of a native grassland mitigation plan, which establishes an on-site native grassland replacement ratio of 1:1 (one acre of replacement for every one acre of loss) and an off-site replacement ratio of 2:1. A portion of this native grassland is to be mitigated on the Redwood Village project site, while a majority of the native grassland mitigation is required to be mitigated off-site; and WHEREAS, the City of San Rafael owns 16+ acres of undeveloped open space, APN 175-060-18 and 19, which is located in close proximity to the Project, near the intersection of Los Ranchitos Road and Golden Hinde Way (herein "Oakhill Public Open Space"). The Oakhill Public Open Space contains non-native grassland and some native grassland. It has been determined by LSA Associates, Inc., qualified biologists that this land is a suitable site for the creation of new and the enhancement of existing native grassland; and WHEREAS, City -owned open space is regulated by Title 19 (Open Space) of the San Rafael Municipal Code. Section 19.10.030 of this title establishes general management policies for open space, which include: (a) allowing improvements to such land for the purpose of preserving natural amenities; and (b) encouraging the cooperation and participation of private groups in the management and preservation of open space lands. The establishment of new and enhancement of existing native grassland on the Oakhill Public Open Space would be consistent with the purpose of Title 19, in that it would facilitate recreating the native conditions on this site; and WHEREAS, an off-site native grassland mitigation plan (the "Plan") has been prepared by LSA Associates, biologists (December 12, 2002), and conditioned and approved by the City of San Rafael, which sets forth procedures and actions to achieve the establishment of new and enhancement of existing native grassland on the Oakhill Public Open Space. A copy of the Plan is attached hereto as Exhibit A and incorporated by this reference. The Plan includes the enhancement and establishment of native grassland populations, a management and monitoring plan and contingency measures to ensure that the enhancement goals are achieved; and WHEREAS, the City and Signature desire to accomplish the mutual goals of the enhancement and establishment of native grassland populations within the City by the implementation of the Plan on a portion of the Oakhill Public Open Space. NOW, THEREFORE, in consideration of the mutual goals contained herein, the parties do hereby agree as follows: 1. Provertv and Purpose. Signature shall be entitled to use the 16+ acre Oakhill Public Open Space further described in Exhibit B, attached hereto and incorporated by this reference (the "Property"), for the term of this Agreement for the purpose of implementing the Plan. Signature's right to use the Property shall be exclusive during the installation and enhancement stage of the Plan and non-exclusive during the maintenance and monitoring period of the Plan. 2. Term. This Agreement shall commence upon Signature's entry upon the Property for purposes of preparing the Property for the installation and enhancement of the native grasslands required by the Plan. Signature shall provide the City with thirty (30) days' written notice of the date of entry. This Agreement shall be valid for a period of one (1) year from the date of execution; provided, however, this term may be extended by mutual agreement for additional one-year increments for up to five (5) years, which is the expected completion date of the enhancement and monitoring period (the "Completion Date"). Signature shall provide the City with written notice of the Completion Date. 3. Annual Monitoring Reports. As specified in the Plan, annual monitoring reports are required to be submitted to the City for review. The City review of the annual reports shall coincide with City review and consideration of a requested extension to this Agreement. 4. Site Access. Access to the site needed to implement the Plan shall be via Estero Court. Removal of Existiniz and Future Plant Material. The parties understand that the implementation of the Plan shall require the removal of various non-native plants such as eucalyptus, acacia and Monterey pine trees from the upper grassland and woodland portions of the Property as set forth in the Plan (Figure 3). Signature, at its cost, shall be entitled to remove the non-native plant material required under the Plan from the Property, consistent with the recommendations set forth in the Plan and the following additional conditions: (a) A transition area along the lower edges of the Oakhill Public Open Space, adjacent to existing residential development, shall be respected to maintain screening and privacy for adjacent residents. In this transition area, existing landscaping 2 that clearly provides screening and privacy, such as the larger Monterey pine trees, shall not be removed. Non-native plants such as broom and pampas grass shall be removed within this area. (b) The grove of Monterey pine trees located on the steep slopes west of the Summerhill residential development (east edge of the Property), shall not be removed. (c) All trees that are to be removed shall be tagged and reviewed and approved by the City staff prior to removal. (d) Native trees (including small volunteers) and shrubs such as Coast live oak, Valley oak and coyote bush shall not be removed. (e) Dead tree limbs, stumps and old fence posts that are currently found on the hillside area shall be left, in place, as they provide habitat for wildlife. (f) All loose barbed wire shall be removed from the site. 6. Mowing and Seeding for Native Grassland Enhancement. Mowing for native grassland enhancement is the approved method for implementation of the Plan under the terms of this Agreement. Mowing shall be permitted twice a year, once in the later winter/early spring and once in the fall, as specified in the Plan. All grass clippings shall be removed from the site. Native grass seeding shall be permitted, as specified in the Plan. 7. Control Bum and Livestock Grazing Alternatives Prohibited. The control burn and livestock grazing alternatives for property management and enhancement, as specified in the Plan, are not permitted under the terms of this Agreement. 8. Herbicides and Pesticides Prohibited. Under no circumstances shall herbicides or pesticides be used as a means of eradicating existing non-native plants or enhancing the growth of native grassland. 9. Indemnitv. a. Signature. Signature agrees to indemnify, defend and hold the City harmless from and against all suits, causes of action, claims, damages, liability or other harm lodged, filed, claimed or asserted by any third party or its representative for personal injury or property damage arising directly or indirectly, as a result of the implementation of the Plan on the Property; provided, however, Signature shall not be obligated to indemnify, defend or hold the City harmless for issues arising out of the City's intentional misconduct or negligence. 10. Insurance. Signature shall procure and maintain during the term of this Agreement a general liability insurance policy. Signature shall name the City, its 3 officers, agents, employees and volunteers as additional insured under the policy prior to Signature's entry upon the Property. The provisions and limits of coverage shall be subject to approval of the City, which approval shall not be unreasonably withheld. 11. Assi ment. Signature may assign this Agreement to a third party that purchases the Project so long as (a) Signature provides the City with thirty (30) days' written notice of the assignment and (b) the assignment includes the assignee's express written assumption of all of Signature's obligation under this Agreement. 12. Nondiscrimination: Signature shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. Compliance with All Laws: Signature shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. Signature shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. Signature shall release, defend, indemnify and hold harmless City, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. No Third-Partv Beneficiaries: City and Signature do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. Notices: All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To City: Robert Brown Project Manager City of San Rafael 1400 Fifth Ave., P.O. Box 151560 San Rafael, CA 94915-1560 or as applicable: City Risk Manager City of San Rafael 1400 Fifth Avenue, P.O. Box 151560 San Rafael, CA 94915-1560 4 To Signature: Michael Ghielmetti (Project Director) Signature Properties, Inc. 4670 Willow Road, Suite 200 Pleasanton, CA 94588 16. Independent Contractor. For the purposes, and for the duration, of this Agreement, Signature, its officers, agents and employees shall act in the capacity of an Independent contractor, and not as employees of the city. Signature and City expressly intend and agree that the status of Signature, its officers, agents and employees be that of an Independent contractor and not that of an employee of City. 17. Entire Ap-reement — Amendments. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between Signature and the City. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by Signature and the City. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. Set -Off Aizainst Debts. Signature agrees that City may deduct from any payment due to Signature under this Agreement, any monies which Signature owes City under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. Waivers. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or 5 violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. Costs and Attorney's Fees. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. Auulicable Law. The laws of the State of California shall govern this Agreement. Signature Properties, Inc., CITY OF SAN RAFAEL a California corporation, By: By:k0.aryO. i hillips Its: Its: Vice -Mayor ATTEST: Jea6e M. Leoncini, City Clerk Approved as. 01pf Gary T.Rang;Zanti, �ity Attorney Useagoak doc Exhibit A NATIVE GRASSLAND RESTORATION AND ENHANCEMENT OAKHILL OPEN SPACE, SAN RAFAEL INTRODUCTION The City of San Rafael as the lead agency for the Redwood Village project (formerly Ranchitos Park) prepared an Environmental Impact Report (ETR) which evaluated the impacts of this project. The EIR identified the loss of 5.85 acres of native grassland as a significant impact and contains measures to mitigate for this impact. This includes an on and off-site component. The project will restore 0.43 acres of native grassland on-site and restore and/or enhance 10.5 acres of native grassland at an off-site location, the Oakhill Open Space which is located approximately % mile northwest of the Redwood Village site (Figure 1). This plan addresses restoration and enhancement of native grassland at the off-site location. The program will entail a combination of invasive species removal and control with the planting of native bunchgrasses and seeding of native grasses and wildflowers. Approximately 2.0 acres of grassland will be restored and 8.5 acres will be enhanced with the implementation of this proposed mitigation plan. SITE DESCRIPTIONS Redwood Village The proposed Redwood Village development site is a 17 acre lot owned by Pacific Gas and Electric Company located at the intersection of North San Pedro Road and Ranchitos Road (Figure 1). The site contains 5.85 acres of native perennial bunchgrass grassland with approximately 80% cover of California oatgrass (Danthonia californica) and purple needlegrass (Nassella pulchra) (Figure 2). Seed of these two grasses, and if possible, entire plants, will be collected at the Redwood Village site for planting at Oakhill. The California Department of Fish and Game (CDFG) considers any grassland with 10% cover of native grasses to be "native grassland" (Keeler -Wolf, personal communication). Both California oatgrass grassland and purple needlegrass grass species communities are among the plant communities that are considered "rare" by the CDFG's Wildlife and Habitat Data Analysis Branch that maintains the California Natural Diversity Data Base (CDFG 1997). Oakhill Open Space Oakhill is a 16 acre City of San Rafael natural park located near the intersection of Ranchitos Road and Golden Hinde Boulevard (Figure 1). It consists of a hill (Oak Hill) covered by approximately 3.5 acres of mixed -oak forest with a dense understory of poison oak (Toxicodendron diversilobum), 7.5 acres of oak woodland and savannah with a grassland understory, and 5 acres of open grassland (Figure 2). Approximately 10.5 acres of the grassland and the oak woodland understory is dominated P:\SIP838\grassmitp1an.wpd (12/12/02) r a .4 4A e Z c .1 H,. F B -1y]J. jP ...... k rp" 'X3 r VL 'It , txc 418, 3, 4 Sch N. V �r%�' ~ s= �f' ?'� �' i ` r):S...t. t -, _jL_� School._ ti J( Ae, 10i S 'Staa' N tia A- x fi Oakhill AF.,iVr Of" .6s j NT- -A _Nil ­ 1)P Open Spa 4 1. ./7 7 y .6 REDWOOD VILLAGE, -E-- I\% q-6 SITE 4•x•1;; -N, 'A J . Z, N .4 I ­,_:_ % ,I.,/ IN ter' I pnK A. v j /& C. ZVI r� /"MAU, A ff0. A dei X—M, F! r10 c ST \A xv SIO. Lei SA L S A FIGURE I Redwood Village Oakhill Open Space - 2000 FEET SOURCE: USGS 7.5' QUADS - NOVATO AND SAN RAFAEL. CALIF. 1980 P:\SIP838\g\OpcnSpace.cdr(12/12/02) 'fry ^- fjY 9- 4 µ} { ( F F 'fry ^- fjY 9- LSA ASSOCIATES, INC'. NATIVE GRA55LANu RESTORATION AND ENHANCEMENT DECEMBER 2002 OAICIIILL OPEN SPACE SAN RAFAEL, CA by the native bunchgrasses purple needle grass, California oat grass, California brome (Bromus carinatus), and blue wild rye (Elymus glaucus). Purple needle grass dominates most of the grassland areas. California oat grass is dominant in swales at lower elevations in the park. The woodland understory is largely dominated by California brome and blue wild rye. Other California native bunchgrasses found on the site include big squirrel tail (Elymus multisetits) and pine blue -grass (Poa secunda). Percent cover of native species on these 10.5 acres varies from 30% to 90%, averaging 40% cover of native bunchgrasses. Oakhill has not been invaded by some of the most common non-native weeds in our area. The park does not contain any thistles (Centaurea, Cirsium, and Carduus spp.), stork's bill (Erodium spp.), or bristly ox -tongue (Picris echioides), and only a negligible amount of mustards (Brassica spp.) and cat's ear (Hypochaeris spp.). However, rattlesnake grass (Briza maxima), a highly invasive, non- native annual, is co -dominant with purple needlegrass and California oat grass throughout the park. Rattlesnake grass averages 30% cover in the grassland and woodland areas of the park. Rip -gut brome (Bromus diandrus), also a non-native, is present as a subdominant throughout the park. The edges of the park bordering the lots of private homes have the smallest proportion of native grasses and the highest proportion of non -natives such as rattlesnake grass, wild oats (Avena fatua), and rip - gut brome. The top of Oak Hill and small patches of the wooded area lack native grasses completely. Non-native grasses such as rattlesnake grass, spiny dogtail grass (Cynosures echinatus), and rip -gut brome dominate these areas. These edges and patches without 10% or more of native grasses comprised approximately 2.0 acres of the park (Figure 2). Other invasive exotic plant species have also gained a foothold on Oakhill. Patches of pampas grass (Cortaderia selloana), Canary Island broom (Genista canariensis), and wild fennel (Foeniculum vulgare) are found at the edges of the park, close to the rear lot lines of private homes. A few Monterey pines (Pinus radiata, native only to three coastal locations south of the Golden Gate) grow on the site and scattered saplings and seedlings have become established across the site that are likely to incrementally replace native grassland. This mitigation plan proposes to eradicate these four exotic perennial species and greatly reduce the amount of rattlesnake grass on the site. Non-native annual grasses are so pervasive in California that it is unrealistic to eradicate them completely. MITIGATION AND MONITORING PLAN Conceptual Approach This mitigation plan has two major elements: exotic plant control and re -introduction of native grasses. Two species of exotic plants are an immediate problem, rattlesnake grass and Monterey pine. Rattlesnake grass is a co -dominant plant in the grassland and may push out native species. The Monterey pines are reproducing rapidly and as they mature will shade out native species in their immediate vicinity and pose a future fire danger. Other invasive exotics on the site, pampas grass, broom, and fennel are also known to spread rapidly and will further reduce the native species populations on site as they expand. With the exception of rattlesnake grass, these invasives will be manually removed from the site. Rattlesnake grass is too widespread to be pulled by hand. A program of several years of grazing, or mowing will be required to control this annual grass. Native grass seed collected at the Redwood Village site and if possible native bunchgrasses salvaged from the Redwood Village site will be PAS1P838\grassmitp1an.wpd (12/12/02) 4 LSA ASSOCIATES, INC. NAT[%E GRASSLAN_ it ESTORATION AND ENHANCEMENT DECEMBER 2002 OAKIIILL OPEN SPACE SAN RAFAEL, CA planted in their place. A native wildflower seed mix will also be sown on the Oakhill site to provide structural diversity and species richness. The elements of the mitigation plan are described in more detail below and a schedule of their implementation is given in Table A. With these techniques, we will eradicate the perennial invasives pine, pampas grass, broom, and fennel at the mitigation site. We also expect to greatly reduce the amount of rattlesnake grass and other non-native grasses and annuals in the park. Non-native grasses are so widespread and abundant in California that it is unrealistic to expect to eradicate them completely. Exotic Plant Control Rattlesnake Grass Control. Control of exotic annual grasses is generally achieved by burning, applying herbicides, grazing livestock, or mowing. Herbicide application is not advised on this site because of the difficultly in only applying the herbicide to the target species when the plants are intermixed. Additionally, herbicides might pose a toxicity problem so close to residences. Burning is also not recommended due to the close proximity of the existing residences. Livestock grazing has the advantages of removing thatch and dividing large old bunchgrass clones while simultaneously applying fertilizer. However, weed seed may be introduced to the site on the hides and hooves or in the droppings of the livestock. The animals and their waste may also not be aesthetically appealing to the local residents. Mowing is more labor intensive as the cuttings must be raked up and removed from the site (dense thatch inhibits the growth of native perennial grasses). Any method or combination of methods described above if done just once will still leave rattlesnake grass seed in the soil, so the program must be carried out for several years. Application of any of either of the two recommended methods of annual grass control must be timed precisely with particular stages in the life -cycle of both the nuisance grass and with the desirable grasses. Grazing or mowing are the preferred rattlesnake grass control alternatives on the Oakhill site. The grazing or mowing will be timed to take advantage of the tendency for non-native annual grasses to germinate earlier in the fall and grow and set seed sooner during the winter and early spring. This means that the number of non-native annual grasses plants can be reduced by these management techniques where the native grasses will not be affected or will be able to recover. The site will be mown or grazed once in the fall of the first year before the site is planted to remove thatch. The site will then be seeded with native grass seed and then once every spring for five consecutive years, grazed or mown until the soil seed bank of rattlesnake grass seed is depleted. A qualified LSA botanist will monitor the growth of the rattlesnake grass to determine the best dates for the spring grazing or mowing. For control or eradication, rattlesnake grass should be grazed or mown when flowers have formed but are not yet open to prevent that year's crop of rattlesnake grass from setting seed. Thatch removal in the fall may also be necessary in additional years. With either grazing or mowing the park will continue to be open for public use. The only exception would be if grazing is selected as the preferred management technique. The park would need to be closed to public use when livestock are present, a two to four week period depending on the number of animals used. Livestock Grazing. If the grazing alternative is chosen, LSA will subcontract with a licensed, certified rangeland manager to write a Grazing Management Plan for this project. The Grazing management plan will identify the type of livestock to use, the facilities needed to manage the PA.SiP8381grassmitplan.wpd (12112102) �- _� � � 5 LSA ASSOCIATES, INC. DECEMBER 2002 NATIVE GRASSLAN- ,(ESTORATION AND ENIIANCEMENT OARIIILL OPEN SPACE SAN RAFAEL, CA grazing operation, how livestock access will be provided, whether an on-site shepherd is necessary, and the desired grass height when complete. A grazing tenant will need to be selected to implement the Grazing Management Plan. A possible grazing scenario involves a small flock of sheep surrounded by portable electric fencing that is moved around the site every day for a week or two until all grassland and woodland portions of the site have been grazed to the desired height. A flock of 20 ewes with lambs will graze approximately 2 acres every 2 weeks. Rattlesnake grass makes excellent sheep forage (Ancherdoguy, Kellogg, personal communications), and small livestock like sheep are less likely than cows to be aesthetically unappealing to local residents. The grazer may want to live in a trailer on site for the duration of grazing, and/or leave a dog or llama to protect the sheep. An on-site water source will need to be provided by the grazing tenant. The contract with the grazer will likely require insurance against loss of animals to local dogs or vandals. The entire grassland and woodland areas of the site would be grazed once in the fall of the first year before planting and then again in the late winter or early spring of the five following years if grazing is the selected management option. Mowing. Under the mowing alternative, the entire grassland and woodland areas of the site would be mowed once in the fall before planting and then again in the late winter or early spring of the five following years. After mowing, all cuttings would be raked up and removed from the site. This prevents any young seeds that may be contained within the rattlesnake grass inflorescence from maturing and seeding back onto the site. Removing the trimmings is also necessary to prevent thatch build-up that inhibits the growth of native bunch grasses. Removal of Other Exotics. Monterey Pine Removal. All Monterey pine trees will be removed from the site. Large trees will be cut with a chain saw and all portions of the tree will be hauled from the site. The stumps will be removed with a stump chipper. Saplings and seedlings will be manually pulled, cut or removed with a Light or Mini Weed Wrench (New Tribe, Grant's Pass, OR). Any holes left by stump removal will be filled with clean topsoil salvaged from the native grassland areas of the Redwood Village site. The Oakhill mitigation site will be surveyed every following summer for five years to ensure that no new trees have established. The pines should be removed during the late fall, after the first rains of the season but before the ground is wet and the grass and seed mix are planted. Motorized equipment (e.g. a small pickup truck or a small tractor with a small trailer for carrying in equipment and hauling out logs and branches) should be driven on the site as little as possible. If the soil is wet, vehicle access will not be allowed. Prior to entering the site, any wheeled vehicle operators will be asked to clean their equipment and the wheels of their vehicles so as to not introduce any new weed seed to the site. Pampas Grass. Large and medium-sized clumps of pampas grass will be removed with a Bobcat, back hoe, or small, rubber -tired tractor with an attached excavator. An LSA biologist will monitor the excavation. Mechanical removal of pampas grass will only occur when soils are dry enough that equipment movement does not cause soil compaction. Before excavation, any pampas grass plumes (inflorescences) will be cut and bagged for removal. All parts of the plant and its root mass will then be removed from the site. Smaller pampas grass plants may be dug out with a shovel or pulled out by hand. Holes left by the excavation will be filled with clean P;%S1P83Mgrassmitp1an.wpd (12/12/02) 6 LSA ASSOCIATES, INC DECEMBER 3001 NATIVE GRASSLAN_ RESTORATION AND ENHANCEMENT OAKNILL OPEN SPACE SAN RAFAEL, CA topsoil salvaged from the Redwood Village site. Pampas grass removal will be conducted in the early fall before the grasses and seed mixes are planted. The site will be surveyed every following summer for five years to ensure that no new pampas grass has sprouted. Broom. Broom plants will pulled out with a Light or Mini Weed Wrench (New Tribe, Grant's Pass, OR). All parts of the plant will be removed from the site. Removal is easiest just after the first rains in early fall and will occur before the planting of grasses and seed mixes. During the summer prior to pulling the plants all branches with seed pods will be cut off and removed from the site. Wild Fennel. Wild fennel will be dug out manually with a shovel. All parts of the plant will be removed from the site. Removal is easiest just after the first rains in early fall and will occur before planting of the grasses and seed mixes. In late August early September prior to plant removal all maturing seed will be cut off and removed from the site. Removal of woody/perennial exotics will largely take place around the base of Oakhill on essentially level ground with the exception of four Monterey pine. The removal of the pines will not effect slope stability. The four Monterey pines will be cut near ground level and their stumps chipped. No excavation will occur on the hill slope. Planting of Natives To establish more native grass at the Oakhill site, two options are presented. Mature plants can be salvaged from the Redwood Village site or young grass plant "plugs" can be grown in a greenhouse from seed collected at the two sites. Under both options, grass seed will be collected at both sites and drill seeded at Oakhill, in addition to the planting of mature plants or young plugs. The use of salvaged plant material is dependent on the project construction schedule. Nursery grown plugs will be used if salvage material is not available. Seed Collection. In May or June of the planting year, seed will be collected by hand stripping California oat grass and purple needlegrass seed from plants at the Redwood Village site or the Oakhill site. Due to the close proximity of the two sites, if construction begins at Redwood Village prior to the seed maturing there, all necessary seed can be collected from Oakhill. Additional seed from other species can be collected at Oakhill and can include California brome, blue wild rye, big squirreltail, pine bluegrass, and tufted hairgrass. The seed will be sent to a commercial seed supplier for cleaning in time to be planted in the fall of the same year, after the non-native exotics have been removed. Purple needlegrass seed was collected at both the Redwood Village and Oakhill sites in May 2002. Fall Seeding. The grass seed collected in Spring and a native wildflower seed mix will be drill seeded into the soil at the periphery of Oakhill, on the top of the hill, and on any areas that had abundant rattlesnake grass prior to grazing or mowing. An upper grassland grass mix will be created using purple needlegrass seed and other upland grasses. A lower grassland seed mix will be created using California oat grass seed. Two wildflower mixes will also be created one using local native upland wildflowers and another using native local wildflowers of moister areas. See Table B for species and proportions of seeds in the mixes. P:\51P838\grassmitp1an.wpd (12/12/02) LSA ASSOCIATES, INC NATIVE GRASSLAN. RESTORATION AND ENHANCEDIENT DECEMBER 2002 OAKRILL OPEN SPACE SAN RAFAEL. CA Because grass seed and flower seed tend to have very different shapes and seed coat textures, they will be seeded separately. The upper grassland seed mix will be drill seeded on top of Oak Hill and in any upland areas that had abundant rattlesnake grass before the grazing or mowing. A second pass (preferably perpendicular to the first pass) will drill seed the upper grassland wildflower seed mix. The lower grassland seed mix will be drill seeded around the periphery of Oakhill, in areas where exotic plants were removed, and in any low areas that had abundant rattlesnake grass before the grazing or mowing. A second pass (preferably perpendicular to the first pass) will drill seed the lower grassland wildflower seed mix. Weed -free rice straw mulch will be applied at the rate of 3,000 lbs. per acre. tackifier will be applied at the manufacturer's recommended rate (the rate for the M -Binder brand of psyllium husks is 100 lbs. per acre). Hydro -seed mulch will not be used, as it tends to inhibit the growth of native grasses. Growing and Planting Grass Plugs. If the plug planting option is chosen, collected seed will be sent to a local nursery, planted in 1 x I inch cells, and grown in a greenhouse. In the fall, after the removal of exotics, a burning grazing or mowing treatment, and seed planting, the young grass plugs will be planted at one foot intervals around the periphery of Oakhill, on the top of the hill, and in any other areas that had abundant rattlesnake grass prior to the burning, grazing or mowing. California oat grass will planted at lower elevations and purple needlegrass and other grasses will be planted at higher elevations. Plant Salvage. If the plant salvage option is chosen, California oat grass and purple needle grass plants will be dug up from the Redwood Village site in the fall of the planting year, after the rains have begun and the exotic plants have been removed from Oakhill. The salvaged plants will be individually dug out to include a large rootball (approximately 1'/2 feet in diameter). Transplanting of Salvaged Plants. After seeding, the salvaged plants from the Redwood Village site will be planted at Oakhill in locations formerly occupied by the pines, pampas grass, broom, and fennel and on areas devoid of native grasses on the periphery of Oakhill and the top of the hill itself. California oat grass plants will be planted on lower elevations of the site and purple needlegrass will be planted on the top of Oak Hill. A hole will be custom dug for each salvaged plant. Each hole should be three inches shallower than the depth of the root mass so the collar of the plant is above ground after it is planted. One fertilizer tablet will be placed in the hole that will then be backfilled and tamped to ground level. SUCCESS CRITERIA 1. Native perennial grasses shall compose at least 50% of the relative cover in the grassland and open woodland portions of the Oakhill site by the end of five years. 2. All native species combined shall compose at least 75% of the relative cover in the grassland and open woodland portions of the Oakhill site by the end of five years. 3. At least 60% of the seeded perennial grasses and 80% of the transplanted bunchgrasses shall be setting seed by the end of five years. P:\S1P838\grassmitp1an.wpd (12/12/02) 8 LSA ASSOCIATES, INC. DECEMBER 2002 LONG-TERM MAINTENANCE NATIVE GRASSLAND RESTORATION AND ENHANCEMENT OAKHILL OPEN SPACE SAN RAFAEL, CA To maintain the restored and enhanced native buncligrasses in perpetuity, occasional grazing or mowing and raking should be continued. Appropriately timed spring grazing or mowing will keep invasive annuals from increasing in number. Grazing would also fertilize the soil, remove thatch, and break up older bunchgrass clumps. Depending on the proportion of invasive annuals present, spring mowing or grazing may be required every one, two, three, or five years, until the proportion of native plants at the site increases or remains constant. Some hand weeding of invasive weeds may be necessary. After the time period covered by this Mitigation and Monitoring Plan, responsibility for maintaining native grasslands at Oakhill will return to the City of San Rafael. MONITORING The restored and enhanced native grasslands will be monitored for the first five years. Each spring, the relative cover of perennial native grass and native forbs will be assessed on restored and enhanced areas using quantitative methods (i.e. line -intercept or equivalent techniques). The grazing or mowing regime will be modified if necessary. Persistent noxious weed infestations will be removed by hand, or with hand equipment, or herbicide as appropriate. In all weed infestations, it is important that the weeds are killed, grazed, mowed, or otherwise removed, before they have flowered and set seed. The other focus of the monitoring will be survival of the planted and seeded natives. If survival is not adequate to achieve the success criteria, plants will be replaced or re -seeded as necessary. ANNUAL REPORT An annual report will be written after the first years implementation work is complete and submitted to the City of San Rafael by the end of the calender year (see Table A). The annual report will include a description of all work done at Oakhill the results of the quantitative nativegrass establishment monitoring and weed monitoring, and an assessment of the condition of the project site in relation to success criteria. The annual report will be submitted to the City of San Rafael for five consecutive years. PASIP838\grassmitp1an.wpd (12/12/02) 9 REFERENCES Anchordoguy, E. Anchordoguy Lamb, Sebastopol, California. Telephone conversation of September 28, 2001. California Department of Fish and Game (CDFG). 1997. List of California Terrestrial Communities Recognized by the Natural Diversity Data Base. The Natural Resources Branch, Department of Fish and Game, Wildlife Habitat and Data Analysis Branch. Sacramento, California. California Native Grass Association (CNGA). 1999. Techniques and Strategies for using Native Grasses and Graminoids in Restoration Projects, a CNGA Training Workshop. November 18, 1999. Winters, California. Keeler -Wolf, T. Vegetation Ecologist, California Natural Diversity Data Base, California Department of Fish and Game. E-mail messages of November 8, 2000 and November 28, 2000. Kellogg, W. Kellogg's Seed Service, Paradise, California. Letter dated September 27, 2001, received October 1, 2001. PASIP83ftrassmitplan.wpd (12112102) 10 LSA ASSOCIATES, INC NATIVE GRASSLAND RESTORATION AND ENHANCEMENT DECEMBER 21102 OAKIIILL OPEN SPACE SAN RAFAEL, CA TABLE A: IMPLEMENTATION SCHEDULE SALVAGE OPTION Month Year 0 May -June June - July July -August September late Sept -Oct late Sept -Oct late Sept -Oct late Sept -Oct I Task Description Seed collection Collect Danthonia and Nassella seed at Redwood Village. Collect these and other seed at Oakhill. Topsoil stockpiling Topsoil from construction at the Redwood Village site will be saved to fill holes from the removal of exotics at Oakhill. Seed removal Cut and remove all maturing seed from fennel and broom. Mowing or grazing Graze or mow and rake up rattlesnake grass. Dispose of cuttings offsite. Monterey pine Remove manually with chainsaw and stump chipper. Weed Wrench can removal be used on saplings. Dispose of offsite. Fill holes with topsoil from Redwood Village site. Pampas grass removal Cut and bag plumes before starting. Remove large and medium-sized clumps with backhoe, small tractor or Bobcat with excavator. Dig out small clumps with a shovel. Dispose of offsite. Fill holes with topsoil from Redwood Village site. Broom removal Pull out all plants by hand or with Weed Wrench. Dispose of offsite. Fill holes with topsoil from Redwood Village site. Fennel removal Dig out roots with a shovel. Remove all portions of the plant and dispose of offsite. Fill holes with topsoil from Redwood Village site. Oct -Dec (after all of Seed planting Drill seed mix into planted areas and former Briza areas. Use upper above completed) grassland mixes on slopes and top of hill. Use lower grassland seed mixes at base of hill. Oct -Dec (after rains Salvage and transplant Individually dig up Danthonia and Nassella plants from the Redwood begin) Danthonia and Village site and plant at Oakhill. Plant Danthonia in low areas and Nassella Nassella on slopes and top of Oakhill. Years 1- 5 March - April Grazing or mowing May or June Monitoring August or Monitoring September Dec (after above Annual Report completed) At time indicated by botanist, graze or mow and rake up rattlesnake grass. Dispose of trimmings off-site. Use quantitative methods to determine cover of native grass and forbs. Assess impact of weeds. Weed if necessary. Assess weeds at site. Weed if necessary Write Annual Report and submit to City of San Rafael. PASIP838\grassmitp1an.wpd (12 12.'02) 11 LSA ASSOCIATES, INC. NATIVE GRASSLAND RESTORATION AND ENHANCEMENT DECEMBER 211113 OAKHILL OPEN SPACE SAN RAFAEL, CA TABLE A CONTINUED: IMPLEMENTATION SCHEDULE PLUG -PLANTING OPTION Month ( Task I Description Year 0 May - June Seed collection Collect Danthonia and Nassella seed at Redwood Village. Collect these and mowing other seed at Oakhill. June Grass plug Send portion of the collected seed to a nursery to be grown in cells into young growing grass plants ("plugs"). June - July Topsoil Topsoil from construction at the Redwood Village site will be saved to fill September stockpiling holes from the removal of exotics at Oakhill. July - August Seed removal Cut and remove all maturing seed from fennel and broom. September Grazing or Graze or mow and rake up rattlesnake grass. Dispose of trimmings offsite. mowing late Sept -Oct Monterey pine Remove manually with chainsaw and stump chipper. Weed Wrench can be removal used on saplings. Dispose of offsite. Fill holes with topsoil from Redwood Village site. late Sept -Oct Pampas grass Cut and bag plumes before starting. Remove large and medium-sized clumps removal with small tractor or Bobcat with excavator. Dig out small clumps with a shovel. Dispose of offsite. Fill holes with topsoil from Redwood Village site. late Sept -Oct Broom removal Pull out all plants by hand or with Weed Wrench. Dispose of offsite. Fill holes with topsoil from Redwood Village site. late Sept -Oct Fennel removal Dig out roots with a shovel. Remove all portions of the plant and dispose of offsite. Fill holes with topsoil from Redwood Village site. Oct -Dec (after Seed planting Drill seed mix into planted areas and former Briza areas. Use upper grassland all of above mixes on slopes and top of hill. Use lower grassland seed mixes at base of hill. completed) Oct -Dec (after Plug planting Plant grass plugs at 1 -foot intervals in areas with little native grass. Danthollia rains begin) planted in low areas. Nassella on slopes and top of Oakhill. Other species in woodland. Years 1- 5 March - April Grazing or At time indicated by botanist, graze or mow and rake up rattlesnake grass. mowing Dispose of trimmings off-site. May or June Monitoring Use quantitative methods to determine cover of native grass and (orbs. Assess impact of weeds. Weed if necessary. August or Monitoring Assess weeds at site. Weed if necessary September Dec (after above Annual Report Write Annual Report and submit to City of San Rafael. completed) PAS1P838\grassmitp1an.wpd (12/12/02) 12 LSA ASSOCIATES, INC. DECEMBER 30u2 NATI\ E GRASSLANu RESTORATION AND ENHANCEMENT OAKHILL OPEN SPACE SAN RAFA EL, CA TABLE B: SEED MIXES FOR THE OAKHILL GRASSLAND RESTORATION PROJECT Lower Grassland Grass Seed Mix: Scientific Name Common Name lbs. per acre Danthonia californica* California oat -grass 3 Hordeum brachyantherum meadow barley 2 Lower Grassland Wildflower Seed Mix: Scientific Name Common Name lbs. Der acre Lasthenia californica California goldfields 1 Trifolium willdenovii tomcat clover 2 (inoculated & pelleted) Nemophila menzieii baby blue -eyes 3 Aster chilensis common California aster 1 Upper Grassland Grass Seed Mix: Scientific Name Common Name Nassella pulchra* purple needlegrass Broni us carinatust California Brome Elymus glaucus f blue wild rye Elymus multisetust big squirreltail Poa secunda pine bluegrass Upper Grassland Wildflower Seed Mix: Scientific Name Common Name Eschscholzia californica California poppy Lupinus inicroca>pus var. densijlorus chick lupine (inoculated) Clarkia concinna red ribbons clarkia Achillea inillefolium yarrow *collect at the Redwood Village site tcollect at Oakhill P:1S1P838,grassmRp1an.wpd (12/12/02) lbs. Der acre 4 2 2 1 2 lbs. Der acre 2 3 2 2 13