HomeMy WebLinkAbout09/18/2001, B 3 - APPROVAL OF USE OF A SITE AT LAGUNA LAKE PARK FOR MITIGATION FOR IMPACTS TO CONGDON'S TARPLANT. 1
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CITY O F SAN LUIS 0 B I S P O
FROM: Wendy George, Assistant City Administrative Officer
Prepared By: Neil Havlik, Natural Resources Manager "fi .
SUBJECT: APPROVAL OF USE OF A SITE AT LAGUNA LAKE PARK FOR MITIGATION
FOR IMPACTS TO CONGDON'S TARPLANT.
CAO RECOMMENDATION
Accept the recommendation of the Park and Recreation Commission and authorize use of
approximately one acre of land within the Laguna Lake Park open space area for mitigation of impacts
to the Congdon's tarplant occasioned by the development of the DeVaul South housing project.
DISCUSSION
In 1999, the City Council approved a plan whereby approximately one acre of Laguna Lake Park open
space was utilized for mitigation for impacts to the Congdon's tarplant occasioned by the development
of the DeVaul property at the corner of Madonna Road and Los Osos Valley Road. This mitigation
project consisted of the grading of several depressions in the selected area and seeding those
depressions with tarplant seeds. The concept was that the depressions in the heavy clay soils of the site
would fill with water and retain water into the spring months. This would prevent upland species from
establishing on the site and thus would create an appropriate seed bed for the tarplant. Two years of
growth have shown that this concept appears successful and working.
The City has been approached by the developers of the so-called DeVaul South project to utilize a
portion of the park's open space in the same general area for mitigation for a small population of
tarplant which was found this year on their property. This was done after the developers had
unsuccessfully sought to purchase small land areas or easements to attempt such efforts elsewhere.
Added to this is the fact that the population there (estimated at 800-1,000 plants) is not sustainable in
the current circumstances. The plants have shown up because the cessation of agricultural activities
have temporarily favored them by leaving vacant, disturbed ground: however, in the absence of
continued disturbance, grasses and other plants will move into the area, increase in density, and the
tarplants will be crowded out.
City policies require that use of City properties for private mitigation must provide a benefit to the
overall community and that such projects be approved by the Park and Recreation Commission and by
the City Council. The Commission discussed the subject at its September 5, 2001, meeting and found
that the project had certain environmental benefits to the Park and to the community, and that the
development of affordable housing is a City General Plan goal that would be furthered by the project
by providing a mitigation opportunity which is apparently not otherwise available.
J
Council Agenda Report-Approval of Use of Laguna Lake Park Site for Mitigation
Page 2
The proposal is very similar to one which was proposed and implemented by the developers of the
DeVaul North property and anticipates building upon that success of that effort. What is proposed, in
short, is as follows:
1. R.W. Hertel & Sons Co. will pay all costs of the mitigation and.monitoring work.
2. Sites adjacent to the existing depressions built in 1999 will be identified in the field and at least
two additional depressions created to provide suitable habitat for the Congdon's tarplant from
the DeVaul South site. The depressions will enlarge the area suitable for the tarplant by at least
50% over what exists there currently.
3. The depressions will be constructed and seeded with seed from tarplants collected at the
DeVaul South site.
4. The site will be monitored for three years to determine the successful establishment of the
population using the criteria developed for the 1999 project.
5. In exchange for the privilege of using this site for mitigation, the R. W. Hertel & Sons Co.
agrees to construct a three rail wooden fence from the edge of Laguna Lake to the base of the
hills in the general location of the existing barbed wire fence at that site which will be removed.
This is a capital improvement project, which has been in the master plan for the Laguna Lake
Park for a number of years, and is a project that the Park and Recreation Department staff is
desirous of having completed. This project has an estimated value of$8,000 - $10,000, which
is considered the equivalent in value to an acre of agriculturally zoned land in the vicinity of the
City of San Luis Obispo.
If the Council approves this action, the mitigation work will be conducted in October. It is expected to
take about 2-3 days to accomplish the construction of the depressions and the seeding of the site. The
fence work will be done at the direction of the Parks Department staff.
CONCURRENCES
The Park and Recreation Commission considered this matter at its meeting of September 5, 2001, and
voted unanimously to endorse and support this proposal, for its educational, resource conservation, and
fiscal contribution to the park and its Master Plan implementation.
ALTERNATIVE
While the Council could deny permission to use Laguna Lake Park for this mitigation, this is not a
recommended alternative. The developers have unsuccessfully attempted to purchase small land areas
to accommodate the mitigation efforts. Additionally, the existing tarplant population is not sustainable
in the current circumstances, thus making-the proposed relocation to Laguna Lake Park a practical and
effective solution to mitigating the impacts of the housing project on Congdon's tarplant.
Attachment:
1. Proposal from R. W. Hertel & Sons,Inc.
2. Excepts from the Draft Resource Conservation Element of the General Plan
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- ATTACHMENT 1
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Response and
addendum to: Conadon's Tarplant Restoration and Mitigation Plan for DeVaul
Ranch South, San Luis Obispo;by V.L. Holland, Ph.D.; dated
August 2001.
By: Roger E. Tompkins
Project Coordinator
DeVaul Ranch South, Tract 2401
R. W,Hertel&Sons,Inc.
Date: 9/7/01
R.W. Hertel& Sons,Inc.proposes to take the following actions and responsibilities in
order to facilitate the success and completion of the Congdon's Tarplant Restoration and
Mitigation Plan for DeVaul Ranch South, San Luis Obispo.
R.W. Hertel& Sons,Inc. will sign the document by V.L. Holland,dated 8101, and titled
Conadon's Tarplant Restoration and Mitigation Plan.for DeVaul Ranch South San Luis
Obispo;and will cooperate with V. L. Holland of Cal Poly and Neil Havlik of the City of
San Luis Obispo,as follows.
R.W. Hertel& Sons, Inc. will meet with V.L. Holland and Neil Havlik to select the
location and configuration for the two basins.
R.W. Hertel & Sons,Inc. will provide the tractor,equipment,operator and supervision to
perform the earthmoving required to roughly construct the two basins,to the satisfaction
of V.L. Holland and Neil Havlik.
After the basins are roughed-in,the students working in the program will prepare the soil
surface and seedbed under the direction of V.L. Holland.
If V.L. Holland decides that hydroseeding is to be used to seed the Tarplant,R.W. Hertel
& Sons,Inc. will provide and pay for the hydroseeding contractor. The formulation,
preparation and application of the hydroseed mix shall be done under the direct.
supervision, and to the satisfaction,of V.L. Holland.
Any hand seeding,and any post seeding care and monitoring shall be done by the
students working in the program and under the direction and supervision of V.L. Holland.
R.W. Hertel & Sons,Inc. will pay to Cal Poly, a fee or donation, for the scope of work
costs,as indicated in the section titled Estimated Budget on page 6,on a time and
materials basis,not to exceed$8,000.00 per year, for 3 years. The 3 years will be: 10/01
to 10/02; 10/02 to 10/03; and 10/03 to 10/04. As of 10/31/04,there shall be no ftuther
financial responsibility for the Congdon's Tarplant Restoration and Mitigation Plan for
DeVaul Ranch South, San Luis Obispo,to R.W.Hertel&Sons,Inc.,or to the owners,
heirs or assignees of any of the property within Tract 2401 unless the mitigation has not
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SEP-07-2001 08 :44 RM ROG_ O 466 7854 P. 02
ATTACHMENT 1
2
been successful after the three year monitoring. In that case the monitoring may need to
be extended until successfully meeting the goals of the mitigation plan. Neil Havlik and
the City of San Luis Obispo shall be responsible for evaluating the success of the project
after receiving the final report of the three year monitoring from V. L. Holland.
In return for the use of the property where the basins are to be constructed,KW. Hertel&
Sons,Inc. will construct approximately 1,200 lineal feet of rail, split rail fence,at a
location to be designated by the City of San Luis Obispo.
Submitted by: W2i
R ger E. Ton pkin
RW.Hertel& Sons,Inc.
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AUG-.28-2001 01 :27 PM' ROGO 466 7.854 P. 02
ATTACHMENT 1
CONGDON'S TARPLANT RESTORATION AND
MITIGATION PLAN FOR DEVAUL RANCH SOUTH
SAN LUIS OBISPO, CA
By
V. L. Holland, Ph.D.
Plant and Restoration Ecology
Biological Sciences Department
Cal Poly
San Luis Obispo, CA 93407
August 2001
AUG-28-2001 01 :28 PM ROGO 466 7854 P. 03
ATTACHMENT 1
CONGDON'S'S TARPLANT'.►MGAnON FOR DEVAUL RANCH SOUTH Z
INTRODUCTION
The purpose of this report is to present a Congdon's Tarplant Restoration and
Mitigation Plan for DeVaul Ranch South. Congdon's tarplant (Centromadia parryi
ssp. congdoniiformerly Hemizonia parryl ssp, congdonll) is a rare, annual plant
species endemic to California. The California Native Plant Society's (CLAPS)
Inventory places it on List 1B (Plants Rare and Endangered in California and
Elsewhere). It has a R-E-D code of 3-3-3 (endemic to California, endangered
throughout its range, and highly restricted in distribution). It is included in the
California Department of Fish and Game Natural Diversity Data Base List of
Special Plants, but it is not at present listed by the State as endangered or
threatened. It is listed by the federal government as a Species of Concern and has
a global ranking of G1 (Less than 6 viable element occurrences or less than 2,000
acres).
The purpose of this plan is to add two mitigation sites to the on-going
Congdon's Tarplant Restoration and Mitigation Plan for the DeVaul Ranch
Development Site, San Luis Obispo, CA. (1998)at Laguna Lake Park. The goal of
the restoration plan Is to mitigate the loss of the habitat and the populations of
Congdon's tarplant that will be extirpated as a result of the development of the
DeVaul Ranch South.
Our current restoration and mitigation project consists of four mitigation sites
or basins at Laguna Lake Park that were established in fall 1999.. We have
monitored these sites since that time and have compared them to reference or
control populations at a site along Tank Farm Road owned by UNOCAL. Results
to data indicate that our plan is successful and is meeting the stated goals or the
mitigation plan, which is to create habitats and plant associations that will support
self-sustaining populations of Congdon's tarplants.
As mitigation of the DeVaul Ranch South development we propose creating
two more restoration sites or basins to mitigate the additional loss of Congdon's
tarplants. These new restoration and mitigation sites should be created during the
fall 2001 and monitored for three years to make sure healthy, self-sustaining
populations of Congdon's tarplant become successfully established and are
producing viable seeds each year. These will also be compared the existing
control populations at the UNOCAL site.
METHODS AND MATERIALS
Two small basins will be excavated and designed with differing shapes and
depths to make sure that some zone in the basins will have a water regime that
would support.the establishment of viable, healthy populations of Congdon's
tarplants. Water must pool in these basins and Inundate the Congdon's tarplants
for prolonged periods during the winter and early spring but dry in the late spring
and early summer. The basins should vary In shape so as to blend in with the
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ATTACHMENT 1
CONGDONS'S TARPLANT.MITIGATION FOR MVAUL RANCH SOUTH 3
existing landscape and have gradual slopes from the bank tops to the lowest
areas. The basins must have zones in which water will be held for varying periods
of time to assure us that some area in the basin will be favorable for Congdon's
tarplant establishment regardless of yearly precipitation. This should also provide
the proper water regime and create habitat conditions in which the invasive, weedy
grasses cannot become established and compete with the tarplants. As the water
recedes, zones of different inundation periods would be created so that some zone
in the basins would be favorable for the tarplants. We suggest a design similar to
the one used to create the existing LL-1A and LL-1 B basins in our on-going
mitigation plan. The actual size and location of these basins should be decided
with the assistance of the Neil Havlik of the City of San Luis Obispo. We
recommend a total area of about 0.75 to 1.00 acre.
During August and September 2001, seeds will be collected from the
DeVaul Ranch South population, stored In paper bags, and used to seed the
basins after they are excavated later In the Fall 2001. Seeding of the site can be
carried out either through hydroseeding and/or hand seeding. For hydroseeding,
the tarplant seeds will be part of a hydroseed mix composed of only tarplant
seeds mixed with organic tackifier and wood fiber but no fertilizer. Tarplant
seeds will also be hand broadcast over the sites after hydroseeding, if
hydroseeding is used. The basins should be seeded before the end of
November 2001 is possible.
Vegetation and Congdon's Tarplant Sampling
Congdon's tarplant populations and associated vegetation will be sampled
during the peak flowering period of the tarplant, which usually occurs sometime
between mid-July to the end of August. Sampling procedures will follow those
already established for the other Laguna Lake mitigation sites. We will establish
permanent transects that traverse each of the basins and sample the vegetation
using 0.25 square meter quadrats randomly placed along these transects. The
number of quadrats sampled along the transects will be determined based on the
size of the transect and the heterogeneity of Congdon's tarplant populations. We
will Include the following measurements.
Density: Density is the number of plants per unit area. The density of
Congdon's tarplants on the study sites will be measured by counting all Congdon's
tarplants that are rooted In a quadrat. Plant with canopies that extended into the
quadrat, but are rooted outside the quadrats, will not counted as part of the
density.
Frequency: Frequency is the number of quadrats that a given species, such
as Congdon's tarplants, is found In divided by the total number of quadrats
sampled at each site. Frequency measurements provide information on the
distribution of the tarplants in the sites.
Cover: Cover is the areal cover of a plant species in a given area and is
often shown as a percentage. For example, a cover value of 50% means that the
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AUG-28-2001 01 :29 PM RO_GO 466 7854 P. 05
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CONODONS'S TARPLANT MITIGATION FOR DEVAUL RANCH SOUTH 4
species covers half of the area sampled. We will measure the cover of Congdon's
tarplants, grasses, forbs, and bare ground/litter at all study sites using a visual
method of estimating cover. The estimated cover will include all plant canopies
that extended onto the quadrats whether the plants were rooted in the quadrat or
not.
PERFORMANCE CRITERIA
All mitigation sites are expected to achieve the established performance
standards by the end of the three-year monitoring period. The suggested
performance standards are that the restoration sites shall equal or exceed 80%
of the population size of comparison or reference areas at the end of the
monitoring period.
Native plant cover associated with the Congdon's tarplant shall be
comparable to that found on reference sites as determined by community
similarity coefficients or other appropriate measures. Weeds and exotic plants
found in the restoration sites shall be controlled. Weed cover on the restoration
sites shall not exceed that of the reference sites.
MONITORING PLAN
The commitment to monitor the success of the Congdon's Tarplant
Restoration and Mitigation Plan by conducting regular follow-up Inspections of the
site provides assurance that the planting and seeding conforms with the stated
goals and meets the performance standards discussed above. It also provides a
contingency to address unforeseen problems and evaluate year-to-year variation
In natural populations. For example, It is well known that natural variation in seed
production, seedling establishment, and plant growth from year to year affects the
rate of plant population recovery.
V. L. Holland and Neil Havlik will supervise the Initial site design and planting
efforts. The site will be monitored by conducting follow-up field studies on a
regular basis until the stated goals of the restoration and mitigation plan have
been achieved. These follow-up site visits and field studies will evaluate the
progress of the restoration effort so that any necessary remedial measures can be
recommended in a timely manner.
Monitoring methods described below were chosen so that monitoring results
can be used to determine whether pre-established performance criteria are being
met. The monitoring plan includes suggested remedial measures to be used in
the event that the initial methods for establishing or recovering the Congdon's
tarplant are not successful.
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AUG-28-2001 01 :30 PM ROGO 4667854 P. 06
ATTACHMENT.1
CONGDONS'S TARPLANT MITIOATION FOR DBVAUL RANCH SOUTH S
The main goal of this Congdon's Tarplant Restoration and Mitigation Plan is
the restoration of a self-sustaining population of Congdon's tarplants in a natural
plant community within three years.
MONTORING METHODS
Each year we will evaluate the progress of the mitigation effort by sampling
and counting the established tarplants and evaluating the size, health, and
stability of the population. Factors to be monitored shall include growth, survival,
and/or establishment rate of the Congdon's tarplant, population size, presence of
introduced weeds, effects of herbivores, and any other factors important to the
success of the mitigation effort. Site visits will occur quarterly to make qualitative
observations and measure survival of planted and seedling tarplants.
Quantitative vegetation sampling will occur once a year during the peak flowering
time for Congdon's tarplant.
Qualitative Standards
Permanent photo points will be established and utilized to document
establishment of the Congdon's tarplants over time in both the reference sites
and restoration sites. Qualitative assessment of establishment progress will be
made using time-series photographs both within and between years. Qualitative
comparisons of vegetation cover at restoration sites with vegetation cover at the
nearby undisturbed reference sites will form the basis of this analysis.
Quantitative Standards
The Congdon's tarplant populations on the Laguna Lake Park and the
UNOCAL reference sites will be quantitatively sampled using the quadrat method
along permanently established transects. Data from the mitigation and reference
sites will be compared each year to determine If the performance standards are
being met. Comparisons will be made in terms of density, cover, and frequency
of the tarplants on the study sites.
REPORTING REQUIREMENTS
Annual reports will be submitted by September 30 of each year. Each
report will also include remedial action recommended and conducted.
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ATTACHMENT 1
CONGDONS'S'TARPLAATMTfIGAnONFOR DEVAULRANCH SOUM 6 '
SCOPE OF WORK
• We will perform the work as discussed above in the Congdon's tarplant
Restoration and Mitigation Plan for the DeVaul Ranch South Development
Site.
• Sample Congdon's tarplant populations on DeVaul Ranch and reference sites
in 2002 and the following three subsequent years
• Collecting and storing seeds from DeVaul Ranch population and other
populations in 2001 and the following three subsequent years
• Sampling and monitoring vegetation and Congdon's tarplant populations on a
quarterly and yearly basis
Writing annual reports and a final report
ESTIMATED BUDGET
To complete all the items listed in the scope of work, we estimate the budget to
be$8000 per year, or we will bill on a time and materials basis.
This budget includes paying students and staff to perform all of the items listed in
the Scope of Work for a-periodof three years. The budget includes travel and all
needed materials such as aerial photographs, maps, film, film processing,
quadrats, tapes, containers, paper, reproductions, seed evaluations, seed
storage, etc. It does not include the excavation of the site and the cost of hiring
someone to hydroseed.
Submitted by: Date
2�-
Approved by: Date
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an Luis Obisao General: .an —'Resource Conservation Element
Appendix C: Management of Open Space Lands
ATTACHMENT 2
/ 1. The City will manage land that it owns to implement the policies of this Resources Conservation
Element, and will encourage other agencies to do so on their land. This Appendix focuses on
management practices for lands designated Open Space or Agriculture, but does not exclude
other designations such as Park or Public.
2. Multiple uses should be accommodated. In managing for multiple uses, the following order of
priority will guide decisions where conflicts among uses cannot be avoided. The items listed
under a priority heading are co-equal. The potential for multiple uses is subject to deed
restrictions placed by owners conveying land to the City for open space purposes, and to
easements or rights retained by others.
Priori 1
• Protection of existing listed species and their existing habitat
• Protection of public resources such as water quality (watershed runoff and groundwater
recharge)
• Avoidance of threats to public health and safety, such as ground instability (In the case of
vegetation management for wildland fire, separation between hazardous vegetation and
structures generally should be provided on the land containing the structure, by the owner
of the land containing the structure. Where vegetation management on City-owned land
is needed or desirable, management.practices will minimize harm to wildlife habitat and
scenic resources.)
Priori 2
Re-establishment of listed species and their habitat
Protection of existing wildlife and natural habitat generally
Priority 3
Agricultural production
Priority 4
Protection of scenic resources
Priority 5
Scientific study
• Public access and recreation.
3. 1Any encroachment of a private use onto the City's land must benefit the City's ownership and
--/ management objectives, and shall be subject to approval by the City Council. (See also #13.)
4. The City will adopt management plans (or master plans with management components) for
large parcels, and for small parcels where management challenges and solutions need to be
clarified. The preparation and adoption process shall foster participation by resource-protection
experts and by the public. On lands designated Park (such as Laguna Lake, Mission Plaza, and
Meadow Park), the plans will provide for previously established recreational uses. They may
provide for expanded recreational uses that do not adversely impact listed species and that
minimize adverse impacts on other wildlife resources. The City's Lopez Canyon property
(outside the planning area) and Reservoir Canyon property will be managed as Open Space.
Hearing Draft C- 1 July 2001
3
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. ATTACHMENT 2
San Luis Obispo General Plan Resource Conservation Element
5. The City will coordinate law enforcement and emergency response for its Open Space lands
with all potentially affected agencies. 7
6. The City may lease land to other agencies or organizations for maintenance or service activities,
provided the lease agreement reflects all City policies and management objectives.
7. The City should lease lands designated Agriculture for continued agricultural use, provided the
lease agreement reflects all City policies and management objectives.
8. The City may provide services on or maintain resource-protection lands owned by others, where
warranted by adjacency to City-owned land and long-term resource-protection needs. Such
activity shall be subject to an agreement approved by the City Council. The costs for such
services shall be borne by the owner, unless the City Council determines that bearing part or all
of the cost is necessary to implement City policies.
9. The City will monitor its open space holdings often enough for timely discovery and response to
problems such as substantial hazards, encroachment, trespass, and degradation of resources.
10.The City may enlist volunteers, including community organizations and neighboring landowners,
to help monitor and maintain open space and recreational resources. Volunteers will receive
training appropriate to the tasks they will be performing, including recognition of situations and
conditions requiring professional response.
11.The City will maintain a publicly accessible inventory of the location and type of its open space
holdings and easements. The inventory will contain or be linked to documentation of the initial
condition, and the evolving conditions, of land and easement areas that it acquires.
12..When compatible with the primary purpose of the open space, the City should use revenue from
open space lands, such as agricultural lease payments, to fund open-space maintenance.
(;�'13. itigation for the impacts of private projects shall generally be conducted on private lands.
However, specialcircumstances may arise that justify use of City-owned land as a mitigation
site:
A. Where there is a clear City benefit from a transaction that involves the use of City land as a
mitigation site; or
B. Where General Plan goals will be furthered by the appropriate use of City lands for
mitigation purposes.
Private mitigation actions on City-owned land shall have a clear resource-protection or amenity
value to the site, and shall be subject to approval by the City Council. Mitigation at a City park
shall be subject to review and recommendation by the Parks and Recreation Commission.
Hearing Draft C-2 July 2001