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FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT
DATE: DECEMBER 20, 2005
SUBJECT: FORRESTAL NATURE PRESERVE – TRAILS REPAIR PROJECT (APPLICANT: CITY OF RANCHO PALOS VERDES)
Staff Coordinator: Ara Michael Mihranian, AICP, Senior Planner
Staff recommends that the City Council:
In March 2005, the City Council adopted amendments to the Forrestal Management Plan that included an amended Trails Network Plan adopted by the City Council at a special meeting held on Saturday, December 4, 2004. At the December 4th meeting, the City Council identified trails that were deemed unsafe for specific public use due to their deficient condition. During the same time, the heavy rains in winter 04/05 exacerbated the unsafe condition of certain trail routes. As a result of the storm damage, FEMA obligated funds to repair the trails damaged by the heavy rains. In order to proceed with repairing the unsafe trails, the Council directed Staff to prepare the necessary reports and studies needed to repair the unsafe trails.
Staff is now seeking City Council approval of the Trails Repair Project involving repairs to ten specific trail segments and is seeking Council authorization to execute a Service Agreement to repair two damaged trail routes that will be covered by FEMA funding.
On Saturday, December 4, 2004, the City Council held a special meeting to review and consider the Forrestal Steering Committee’s recommended amendments to the Forrestal Management Plan. During the Council’s discussion on this item, specific trail routes were identified as being potentially unsafe because of their current condition. As a result, the Council restricted the use of certain unsafe trails within the Forrestal Nature Preserve. The Council also recommended that the unsafe trail routes be repaired. These repairs would require environmental review in accordance with California Environmental Quality Act (CEQA) because of the extent of repairs needed combined with the close proximity of sensitive habitat. The Council directed Staff to proceed in preparing the necessary studies and reports for repairing the trail deficiencies.
Following the December 4th City Council meeting, heavy storms experienced during that rainy season caused some additional trail damage at Forrestal. A comprehensive evaluation of the trails was conducted to assess the level of damage. As a result, the Council was informed that four trail segments were deemed unsafe and signs were posted closing these trail routes until the appropriate repairs could be completed. Of the four trails damaged by the heavy rains, temporary repairs were completed on three of the four trail segments, which were subsequently reopened. Damaged sustained to the Flying Mane Trail could not be repaired without realigning the trail and thus the trail has remained officially closed until the appropriate environmental review could be conducted and a trail repair program reviewed and approved by the City Council. It should be noted that because the damage to the trails was storm related the City was able to secure FEMA funding for the permanent repair of these trails.
In accordance to the Council’s previous direction, City Staff has been working with the Palos Verdes Peninsula Land Conservancy (PVPLC) on a plan to repair the unsafe and storm damaged trails. A trails repair program was developed by the PVPLC and presented to the Forrestal Advisory Board for input on June 8, 2005 and July 20, 2005. On August 10, 2005, the PVPLC submitted to the City the final Trail Repairs Project list. Based on the proposal, Staff completed an Initial Study checklist to determine the potential impacts the needed trail repairs might have on the surrounding environment (see attachment). Additionally, a biological report was prepared by Dudek and Associates that evaluates the impacts the trails repair project may have on biological resources (see attachment). The biological report was used as a reference in the preparation of the Initial Study.
On November 17, 2005, the City issued a Request for Bid Proposals for the necessary trail repairs at the Forrestal Nature Preserve. The proposal was sent to eleven vendors who have done work for the City or the PVPLC, specifically in open space areas involving sensitive habitat. In response, the City received one valid bid proposal from the California Conservation Corps.
On December 1, 2005, a public notice was published in the Peninsula News and mailed to property owners within a 500-foot radius of the Preserve, interested parties and list-serve subscribers indicating that the City Council would be considering the adoption of a Mitigate Negative Declaration on the Trails Repair Project. The notice was also mailed to the City’s environmental distribution list in order to solicit comments from local and state agencies.
The Council is being asked this evening to review and approve the overall Forrestal Trails Repair Project and execute a Service Agreement with the California Conservation Corps to complete the trail repair work on only two of the trail segments (Pirate and Flying Mane Trails) damaged by the winter storms that are covered by FEMA funding.
Trails Repair Project Description
The proposed project involves repairs to correct trail deficiencies identified by the City Council at the time the Forrestal Management Plan was adopted. Additionally, the project proposes to repair trails damaged by the winter rainstorms of 2004/2005. The specific trail repairs are described on the following page and shown on the attached map:
It is proposed to widen the existing trail route from approximately a one-foot wide trail width to approximately a two-foot wide trail width from the bottom of the trail, where the trail originates at the intersection of the Quarry Bowl Trail to the Coolheights Trail Link. The trail widening will occur along the southeast edge of the existing trail. In addition to trail widening, water erosion control devices will be installed, such as water bars.
This trail segment will be widened to a three-foot trail width from where the trail originates at the spur off the Pirate Trail and Flying Mane routes upward to the northeast (the former location of the "putting-green"). A segment of approximately 1,300 linear feet. Additionally, erosion control devices, such as water bars, will be installed along the ridgeline trail route to redirect water runoff and vegetation overgrowth will be trimmed.
The existing Crystal Trail route has been officially closed until a route can be realigned as part of the City’s drainage swale improvement project. As proposed, the new realigned trail route will essentially follow the existing route except in areas where the drainage swales will be modified. In these locations, the trail route will be modified accordingly. The trail width will not exceed two-feet. Additionally, water erosion control devices will be installed.
The proposal consist of widening the existing trail route from a one-foot trail width to a three-foot trail width, as well as closing redundant and parallel trails. Additionally, erosion control devices, such as water bars or drainage dips, will be installed and vegetation overgrowth will be trimmed to clear the trail width.
The proposed repair is to the area eroding along the cliff edge. The unsafe condition of this area worsened as a result of the heavy rains this past winter. This area of the trail route has been posted with temporary closure signs. The proposal involves realigning the existing trail route away from the cliff edge and constructing switchbacks to increase trail safety and minimize soil erosion. The proposed realignment of the trail will require the removal of some habitat that is estimated to impact 0.01 acres of coastal sage scrub. Mitigation for the estimated loss of habitat will be in the form of a 3:1 re-vegetation ratio.
Approximately 200 linear feet of the existing trail has experienced severe erosion, especially along steep portions of the trail. As proposed, the repairs will consist of widening the trail width to three feet and installing erosion control devices.
The western portion of the trail currently contains two redundant and parallel trail routes, one at a higher elevation than the other. The proposal involves closing the upper trail for habitat restoration. The lower trail will be widened and erosion control devices will be installed.
Currently, the Intrepid Trail route runs along the paved road area that experiences heavy traffic during athletic activities at the sports field. The proposed project involves realigning the trail off the road onto the unimproved area immediately to the west of the road curb. The trail width will be approximately three-feet wide.
The Dauntless Trail is a major connecting point between the future Portuguese Bend Preserve and the Forrestal Preserve. Currently, there are multiple redundant and parallel trails that are experiencing severe erosion. The proposed project involves closing the multiple trail routes and establishing one route as the official trail. Furthermore, by closing the multiple trails for habitat restoration, erosion impacts will be minimized. The proposed project also calls for the installation of erosion control devices.
Along the Mariposa Trail is a stream crossing that through the years has significantly eroded the trail route making it difficult to cross without some form of a bridge. As proposed, the project involves closing the portion of the stream crossing that is severely eroded, restoring the habitat in the eroded area, and installing a new pre-fabricated bridge. The bridge will be placed to the south of the current crossing and will span approximately 25-feet across the stream.
Not included in the current Trails Repair Project is the extension of the Cristo Que Vieneto trail (upper trail segment) from the former location of the "putting green" to the radar dome via the common open space area for the Rancho Palos Verdes Estates Tract. This trail connection was previously discussed by the City Council and is contemplated for the Preserve in both the Forrestal Management Plan and the City’s Conceptual Trails Plan. However, since this trail segment is considered a new trail route through areas of known habitat, further studies need to be completed, including a comprehensive biological assessment, to evaluate the potential impacts this project may have on the surrounding environment. As such, Staff will need additional time to conduct the necessary studies. Therefore, approval of the upper trail segment for the Cristo Que Viento trail will be brought back for Council consideration at a later date.
At this time, Staff is recommending that the City Council approve the Trails Repair Project described above. If approved, the actual repair work will be completed in phases as described below.
Although the proposed Trails Repair Project involves the repair of ten trail routes, all the repairs cannot be completed at the same time because of environmental and budget constraints. The repairs will be phased based on the availability of funds, volunteer time, and to minimize impacts to wildlife, such as the California gnatcatcher during the breeding season (February 15 through August 31). As such, Staff proposes to complete the repairs on a priority based on public safety.
According to the PVPLC and the Forrestal Advisory Board, priority should be given to repairing the Flying Mane Trail, the Pirate Trail, and the Mariposa Trail because of severe damage sustained during the heavy rains in 2004/2005. Then, in order of priority, the following trail repairs should occur: Intrepid Trail, Dauntless Trail, Lower Cristo Que Viento Trail, Vista Point Trail, Red Tail Trail, Packsaddle Trail, and Crystal Trail. Staff agrees with this priority order.
In order to assess the potential impacts the proposed trails repair project might have on the surrounding environment, a biological report was prepared by Dudek and Associates. The biological report prepared for this project described the existing condition of the biological resources within and adjacent to the Preserve in terms of vegetation, fauna, wildlife and wildlife habitats. The biological report also quantified the potential impacts to biological resources from the project and quantified those impacts in terms of biological significance in view of federal, state and local laws and policies. Based on the evaluated impacts to biological resources caused by implementation of the proposed project, the biological report provided recommended mitigation measures.
Attached to this report is the biological report prepared by Dudek & Associates. In summary, it is reported that the proposed project will directly impact approximately 0.17 acres (7,589 square feet) of native coastal sage scrub habitat. Direct impacts include vegetation clearing and removal, but do not include trimming because there is no net loss of vegetation. In terms of sensitive plants, the proposed project does not result in direct impacts to any NCCP covered species, as none were found within the delineated project limits. However, two California Native Plant Society (CNPS) List 4 plant species occur within the project limits, including the Catalina mariposa lily and the western dichondra. Direct impacts to these plants is not likely as every effort will be made to identify these plants so that work can be conducted around them. As for wildlife, implementation of the trails repair project will not result in direct impacts to sensitive wildlife species. While direct impacts are not expected, there may be indirect impacts to wildlife as a result of general human presence during the trail work that may temporarily disturb wildlife species. However, according to the biological report, since wildlife have the ability to disperse if disturbed and the trail repairs are planned to occur outside the bird breeding season of February 15 through August 31, the temporary presence of human activity associated with the trail repairs will not result in significant impacts.
In accordance with the California Environmental Quality Act (CEQA), the City prepared an Initial Study to determine the potential impacts related to project implementation. Based on the Initial Study, it was determined that the proposed project has the potential to only impact biological resources in terms of sensitive habitats, sensitive plants and sensitive wildlife. (see attachment). However, based on the Biological Survey prepared by Dudek and Associates, the potential impacts to biological resources could be minimized to a level of less than significant with the implementation of the following recommended mitigation measures, as set forth in the City’s NCCP.
The above mitigation measures are attached in the form of a Mitigation Monitoring Program to the Resolution as Exhibit ‘A’ (see attachment). Based on the recommended mitigations measures, the impacts to the surrounding environment with respect to biological resources will be reduced to a level of less than significant. As such, Staff is recommending that the Council accept the above mitigation measures by adopting the attached Resolution.
On November 17, 2005, the City issued a Request for Bid Proposal to vendors known for constructing trails within preserves located throughout Los Angeles County, including the Palos Verdes Peninsula region. The vendors solicited by the City were provided by the PVPLC. The City was seeking individual cost proposals for each of the trail repairs listed in the project description earlier in this Staff Report. Additionally, according to the Bid Proposal, the City was seeking a trail vendor who is familiar or has experience with the following:
In response to the RFP, the City received one bid proposal within the time limits specified in the RFP. The bid proposal received by City was from the California Conservation Corps (CCC). According to the bid proposal, the total cost to construct the entire trails repair project is $31,200.00. Since one bid proposal was submitted within the permitted bid time period, the City has the option to select the bidder or re-issue a new proposal. In this case, the City has decided to select the CCC because they are familiar with the Palos Verdes Peninsula and have done work for the City and the PVPLC in the past. However, due to funding constraints, Staff has reduced the scope of work at this time to two trail segments, the Pirate and Flying Mane Trails. These two trails were identified as high priority trail repairs because of the severity of damaged sustained from the heavy rains in 2004/2005. Furthermore, because these trails routes were damaged by the heavy rains, FEMA has obligated funds to repair these two trail segments, as discussed in the following section.
Therefore, based on the revised scope of work, the CCC submitted a revised bid proposal of $7,700.00 to repair the two damaged trail segments and the CCC has committed to completing the necessary repairs before the bird breeding season begins on February 14, 2006. As such, Staff has attached a Service Agreement between the City and the CCC for approval of the revised scope of work this evening by the City Council (See attachment). If approved this evening, the CCC can begin work the first week of January 2006.
At this time, the City’s 05-06 budget does not account for expenditures related to trail repairs unless the Council approves the appropriation of General Fund money for the trails repair project. Notwithstanding, as previously noted, because some of the repairs to the trails are related to storm damage caused by the heavy rain of 04-05, FEMA obligated a total of $29,220.00 for trail repairs. Specifically, FEMA obligated funds for repairs to the following trail routes:
FEMA obligated an additional $1,600 for environmental monitoring. Since the revised scope of work involves two of the four trails listed above (Pirate and Flying Mane Trails) and the bid from the CCC to complete the repairs is at $7,700.00, the surplus funds will go back to FEMA. The surplus funds cannot qualify for other trail projects that were not identified by the FEMA agent at the time the claim was filed by the City.
Based on the commitment by FEMA to cover costs for the above trail repairs, Staff is recommending that the City Council authorize that work to be completed at this time. As for the remaining trail repairs, as funding becomes available, the City will implement the necessary trail repairs approved by the Council based on a public safety priority. A new bid proposal will be requested by the City for the remaining trail repair work.
It should be noted, aside from FEMA funding for the repair work, a majority of the proposed trail repairs could be completed by volunteers or funded by grants. This would minimize constraints on funding resources.
As a result of limited funds to complete the necessary trail repairs, the scope of work at this time has been reduced to include repairs to the Pirate and Flying Mane Trails. As previously noted, both of these trails were damaged by the heavy winter rains and are covered by FEMA funding. Therefore, costs incurred for the trail repairs will not be borne by the General Fund.
A public notice announcing the date and time of the public meeting was published on December 1, 2005 in the Peninsula News and posted at City Hall, Ladera Linda, Hesse Park, and the entry points to the Forrestal Nature Preserve. Additionally, a public notice was sent to interested parties, list-serve subscribers, and the Ladera Linda HOA, Sea View HOA, and Mediterrania HOA presidents. At this time, no public comments were submitted to the City. Public comments received after the transmittal of this report will be provided to the Council at the meeting.
Based on the above information, Staff is recommending that the City Council approve the overall Trails Repair Project and find that the project will not significantly impact the surrounding environment with mitigation measures by adopting the attached Resolution. Furthermore, Staff recommends that the City enter a service agreement with the California Conservation Corps to construct repairs to the Pirate and Flying Mane Trail segments at this time.
Joel Rojas, AICP
Director of Planning, Building
and Code Enforcement
ATTACHMENTS (some of the following attachments can be viewed at City Hall)
RESOLUTION NO. 2005-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING A MITIGATED NEGATIVE DECLARATION IN CONNECTION WITH TRAIL REPAIRS AT THE CITY-OWNED FORRESTAL NATURE PRESERVE.
WHEREAS, in December 1996, the City of Rancho Palos Verdes purchased the 160-acre parcel referred to as the Forrestal Nature Preserve (Preserve). The property was purchased with the intent to preserve the site’s natural habitat while providing passive recreational opportunities to the public; and,
WHEREAS, on November 17, 1998, the City Council directed Staff to work with the City’s Recreation and Parks Committee and the Palos Verdes Peninsula Land Conservancy (PVPLC) to prepare a Management Plan for the Preserve; and,
WHEREAS, on June 5, 2001, the City Council entered into a Management Agreement with the PVPLC to assist the City in its maintenance responsibilities of the Preserve. Along with the Management Agreement, the City Council adopted the Forrestal Management Plan (Plan) with the understanding that the Plan would continue to be reviewed and updated; and,
WHEREAS, in August 2001, the Forrestal Steering Committee was formed and comprised of City Staff, a representative from the PVPLC, and individuals representing specific points of views, such as a local homeowner’s association, an equestrian representative, a natural resources/habitat representative, and a trail expert/off-road bicyclists. The Steering Committee was assigned with the task of reviewing and implementing the Forrestal Management Plan; and,
WHEREAS, on December 4, 2004, the Forrestal Steering Committee proposed recommended amendments to the Forrestal Management Plan to the City Council. The recommended amendments included, but was not limited, to the Trails Network Plan that identified the trail routes and uses at the Preserve; and,
WHEREAS, after reviewing the Steering Committee’s recommended amendments and considering public testimony, at the December 4, 2004 meeting, the City Council identified specific trail routes as being potentially unsafe for multiple uses (pedestrian, equestrian, and bicycle) because of their current condition. Understanding that these trail routes have been used for years by multiple user groups, the Council felt that the City’s official trails map should err on public safety rather than historic use. The Council also recognized that the unsafe trail routes could be repaired. The Council directed Staff to prepare the necessary studies and reports to repair the unsafe trail routes; and,
WHEREAS, on March 15, 2005, the City Council adopted an amended Forrestal Management Plan. Included in the adoption of the Management Plan was the final Trails Network Plan that incorporated the changes made to the trail routes and uses by the Council at it December 4, 2004 meeting; and,
WHEREAS, on July 19, 2005, the City Council affirmed the Trails Network Plan adopted at its March 15, 2005 meeting and approved minor modifications to the alignment of two specific trails routes (L11 and A16); and,
WHEREAS, on August 10, 2005, the PVPLC submitted a proposal to repair specific trail routes at the Forrestal Nature Preserve. The proposed repairs are to correct deficiencies to specific trail routes identified by the City Council at its December 4, 2004 meeting and to repair trails that were damaged as a result of the heavy rains in 2004/2005; and,
WHEREAS, on October 25, 2005, Dudek and Associates was hired by the PVPLC to prepare a biological report that assesses the potential impacts to biological resources from the implementation of the proposed trail repairs. On November 28, 2005, the final draft of the biological report was submitted to the City of Rancho Palos Verdes; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State CEQA Guidelines, California Code of Regulations, Title 14, Sections 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65952.5(e) (Hazardous Waste and Substances Statement), the City of Rancho Palos Verdes prepared an Initial Study and determined that, there is no substantial evidence that the approval of the Trails Repair project at the Forrestal Nature Preserve would result in a significant adverse effect on the environment. Accordingly, a Draft Mitigated Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and,
WHEREAS, the Initial Study was prepared and distributed for circulation and review from December 1, 2005 through December 20, 2005; and,
WHEREAS, copies of the draft Mitigated Negative Declaration were distributed to the City Council, and prior to taking action on the proposed Trails Repair Project, the City Council independently reviewed, considered and adopted the Mitigated Negative Declaration and determined that the document was prepared in compliance with the requirements of CEQA and local guidelines, with respect thereto; and,
WHEREAS, after issuing notice pursuant to the requirements of the City’s Development Code and the State CEQA Guidelines, the City Council of the City of Rancho Palos Verdes held a public hearing on December 20, 2005, at which time all interested parties were given an opportunity to be heard and present evidence; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The proposed Trails Repair Project, which involves the widening and/or realignment of existing trail routes, the installation of water control devices (water bars or drainage dips), the installation of a footbridge, and in some cases, closing duplicate and redundant trails (Dauntless and Packsaddle Trails) to the following trail segments: 1) Pirate Trail; 2) Lower Cristo Que Viento Trail; 3) Crystal Trail; 4) Packsaddle Trail; 5) Flying Mane Trail; 6) Red Tail Trail; 7) Vista Point Trail; 8) Intrepid Trail; 9) Dauntless Trail; and, 10) Mariposa Trail. These trails routes are all within the Preserve and were previously identified by the City Council as warranting some level of repair to correct deficiencies for the public’s benefit. The City Council finds that the proposed trails repairs project is in compliance with the land use designation and consistent with the intent of the Preserve, to provide the public with passive recreational opportunities while preserving the surrounding environment. In making this finding, the City Council considered the project's mitigation measures that address the issues of Biological Resources.
Section 2: The proposed project will not alter the location, distribution, density, or growth rate of the human population in the area above what is forecast in adopted City plans and policies, nor will the project affect existing housing, or create a demand for additional housing. The project will not create a significant additional demand for fire or police protection, maintenance of public facilities (including roads), or other governmental services. The project will not result in the need for new systems, or substantial alterations to utilities, including power or natural gas, communication systems, water, sewer or septic tanks, storm water drainage, or solid waste disposal. Furthermore, the proposed project will not result in an increase in population, thereby warranting new recreational facilities. The project involves repairs to existing trails within the Preserve for the public’s benefit.
Section 3: The City Council finds that the proposed project will not result in significant adverse affects to topography; destruction, covering, or modification of unique geologic or physical features; impacts to archeological or paleontological resources; or expose persons to seismic ground failure, landslides, or other known hazards; or create a wasteful or inefficient use of the energy already being consumed on the site.
Section 4: The proposed project will not result in transportation, use, or disposal of hazardous material. Although the project site is located within an area identified by the Los Angeles County Fire Department as a High Fire Hazard Area, the trail repairs will not result in impacts that expose people or structures to wildland fires. Furthermore, the proposed repairs will not occur during the high fire season. Therefore, the City Council finds that there will be no environmental impacts resulting from the project to hazards and hazardous materials.
Section 5: The proposed project will not change the current, the course or the direction of water movements in either marine or fresh waters, since the project site is not located in such a setting. The project involves the installation of water control devices, such as water bars and drainage dips, to protect against erosion of existing trails, but will not change water flows in canyons or stream beds.. As such, the City Council finds that the proposed project, in terms of hydrology and water patterns will not significantly impact the surrounding environment.
Section 6: The City Council finds that the proposed project, that involves repairs to existing trails within the City-owned Forrestal Nature Preserve, will not create substantial impacts to circulation patterns, parking capacity, or traffic congestion.
Section 7: Although the construction of the proposed project is anticipated to generate noise levels uncommon to the surrounding environment, such noise will be temporary in nature, and the City has imposed conditions, in accordance with the City of Rancho Palos Verdes’ Municipal Code, that limits construction between the hours of 7:00 a.m. and 7:00 p.m. Mondays through Saturdays, with no construction permitted on Sundays and legal holidays (as identified in the City’s Municipal Code). As such, the City Council finds that the mitigation measures imposed will ensure that noise levels do not adversely impact surrounding properties.
Section 8: The proposed project involves repairs to existing trails located at the Forrestal Nature Preserve. The repairs will not adversely impacts view taken from the Preserve nor views of the preserve from major arterial roads or viewing corridors. As such, the City Council finds that the proposed project will not result in adverse aesthetic impacts.
Section 9: For reasons discussed in the Initial Study, which is incorporated herein by reference, the project will not have any potential to achieve short-term, to the disadvantage of long-term, environmental goals, nor would the project have impacts which are individually limited, but cumulatively considerable.
Section 10: The mitigation measures set forth in the Mitigation Monitoring Program, Exhibit "A", attached hereto, are incorporated into the scope of the proposed project. These measures will reduce those potential significant impacts identified in the Initial Study to a less than significant level.
Section 11: For the foregoing reasons and based on the information and findings contained in the staff reports, minutes, and evidence presented at the public hearings, the City Council of the City of Rancho Palos Verdes hereby approves a Mitigated Negative Declaration, based on the City Council’s independent review and determination that the document was completed in compliance with the requirements of the California Environmental Quality Act and Sate and local guidelines with respect thereto.
PASSED, APPROVED, and ADOPTED this 20th day of December 2005.
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2005-__ was duly and regularly passed and adopted by the said City Council at a regular meeting held on December 20, 2005.
Mitigation Monitoring Program
Project: Forrestal Nature Preserve Trails Repair Project.
Location: Forrestal Nature Preserve, Rancho Palos Verdes, CA 90275
Applicant/: City of Rancho Palos Verdes
TABLE OF CONTENTS
I. Introduction 2
II. Management of the Mitigation Monitoring Program 3
Roles and Responsibilities 3
Mitigation and Monitoring Program Procedures 3
Mitigation Monitoring Operations 3
III. Mitigation Monitoring Program Checklist 5
IV. Mitigation Monitoring Summary Table 6
This Mitigation Monitoring Program (MMP), which is to allow trail repairs at the City-owned Forrestal Nature Preserve responds to Section 21081.6 of the Public Resources Code. Section 21081.6, which requires a lead or responsible agency that approves or carries out a project where a Mitigated Negative Declaration has identified significant environmental effects, to adopt a "reporting or monitoring program for adopted or required changes to mitigate or avoid significant environmental effects." The City of Rancho Palos Verdes is acting as lead agency for the project.
An Initial Study and Mitigated Negative Declaration was prepared to address the potential environmental impacts of the project. Where appropriate, this environmental document recommended mitigation measures to mitigate or avoid impacts identified. Consistent with Section 21080 (2)(c) of the Public Resources Code, a mitigation reporting or monitoring program is required to ensure that the adopted mitigation measures under the jurisdiction of the City are implemented. The City will adopt this MMP when adopting the Mitigated Negative Declaration.
This MMP has been prepared in accordance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code Section 21000 et seq.) and the State Guidelines for Implementation of CEQA (CEQA Guidelines), as amended (California Administrative Code Section 15000 et seq.). This MMP complies with the rules, regulations, and procedures adopted by the City of Rancho Palos Verdes for implementation of CEQA.
MITIGATION MONITORING PROGRAM REQUIREMENTS
Section 21081.6 of the Public Resources Code states: "When making the findings required by subdivision (a) of Section 21081 or when adopting a negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21081, the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of an agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program."
II. MANAGEMENT OF THE MITIGATION MONITORING PROGRAM
ROLES AND RESPONSIBILITIES
The MMP for the project will be in place through all phases of the project including final design, pre-trail construction, and construction. The City will have the primary enforcement role for the mitigation measures.
MITIGATION MONITORING PROGRAM PROCEDURES
The mitigation monitoring procedures for this MMP consists of, filing requirements, and compliance verification. The Mitigation Monitoring Checklist and procedures for its use are outlined below.
Mitigation Monitoring Program Checklist
The MMP Checklist provides a comprehensive list of the required mitigation measures. In addition, the Mitigation Monitoring Checklist includes: the implementing action when the mitigation measure will occur; the method of verification of compliance; the timing of verification; the department or agency responsible for implementing the mitigation measures; and compliance verification. Section III provides the MMP Checklist.
Mitigation Monitoring Program Files
Files shall be established to document and retain the records of this MMP. The files shall be established, organized, and retained by the City of Rancho Palos Verdes Department of Planning, Building, and Code Enforcement.
The MMP Checklist shall be signed when compliance of the mitigation measure is met according to the City of Rancho Palos Verdes Director of Planning, Building, and Code Enforcement. The compliance verification section of the MMP Checklist shall be signed, for mitigation measures requiring ongoing monitoring, and when the monitoring of a mitigation measure is completed.
MITIGATION MONITORING OPERATIONS
The following steps shall be followed for implementation, monitoring, and verification of each mitigation measure:
1. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall designate a party responsible for monitoring of the mitigation measures.
2. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall provide to the party responsible for the monitoring of a given mitigation measure, a copy of the MMP Checklist indicating the mitigation measures for which the person is responsible and other pertinent information.
3. The party responsible for monitoring shall then verify compliance and sign the Monitoring Milestone column of the MMP Checklist for the appropriate mitigation measures.
Mitigation measures shall be implemented as specified by the MMP Checklist. During any project phase, unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement with advice from Staff or another City department, is responsible for recommending changes to the mitigation measures, if needed. If mitigation measures are refined, the Director of Planning, Building, and Code Enforcement would document the change and shall notify the appropriate design, construction, or operations personnel about refined requirements.
III. MITIGATION MONITORING PROGRAM CHECKLIST
This section provides the MMP Checklist for the project as approved by the City Council of the City of Rancho Palos Verdes on December 20, 2005. Mitigation measures are listed in the order in which they appear in the Initial Study.
* Monitoring and Reporting Action indicates when the measure should be monitored and reported.
* Party Responsible for Mitigation indicates who is responsible for implementation.
* Enforcement Agency/Monitoring Agency/Monitoring Milestone indicates what agency is responsible for enforcing the measure, and provides space for future reference and notation that compliance has been monitored, verified, and is consistent with these mitigation measures.
PROFESSIONAL SERVICES AGREEMENT
FOR TRAIL CONSTRUCTION SERVICES
AT THE FORRESTAL NATURE PRESERVE
THIS AGREEMENT is made and entered into this 20th day of December, 2005, by and between the CITY OF RANCHO PALOS VERDES, hereinafter referred to as "CITY", and CALIFORNIA CONSERVATION CORPS, hereinafter referred to as "CCC" or "Consultant."
The City wishes to use the services of CCC to provide trail construction services to City for repairs to be made to the Pirate and Flying Mane Trails at the Forrestal Nature Preserve; and,
CCC has demonstrated that it has the ability to construct trails within a unique environmental, setting such as the Forrestal Nature Preserve, from past experiences working for the City and within the Palos Verdes Peninsula. The CCC has represented its knowledge and understanding of, and experience with, biological resources as it relates to the unique environmental setting of the Palos Verdes Peninsula, and is therefore qualified to perform said services for City; and,
IN CONSIDERATION of the foregoing recitals and the covenants hereinafter set forth, the parties hereto mutually agree as follows:
SCOPE OF CONSULTANT’S SERVICES
The CCC shall, in a professional and timely manner, perform the following services, for the City:
PERFORMANCE OF SERVICES
The CCC shall perform all construction services and duties pursuant to this Agreement in a professional and timely manner, at the direction of the Director of Planning, Building and Code Enforcement, the Director of Public Works, or the Directors’ designee. All directives, instructions, or other communications from City to the CCC shall be through only the Director of Planning, Building and Code Enforcement or Director of Public Works or the Directors’ designee. Consultant shall estimate the time frame to complete each project, which shall be subject to review and approval either by the Director of Planning, Building and Code Enforcement or Director of Public Works or the Directors’ designee.
This Agreement shall commence on December 20, 2005, and all work shall be completed by February 14, 2006, unless otherwise extended by the parties hereto.
COMPENSATION FOR SERVICES
City shall pay the CCC for its construction services rendered and costs incurred pursuant to this Agreement in accordance with the rates and amounts set forth in the fee and cost schedule attached hereto as Exhibit "A" and incorporated herein by reference. The schedule of hourly rates shall be effective through the term of this contract.
City may request in writing that the CCC perform additional construction services not covered by the specific Scope of Work set forth in this agreement, and the CCC shall perform such services and will be paid for such additional services in accordance with CCC’s schedule of hourly rates attached hereto as Exhibit "A" and incorporated herein by reference.
The CCC shall submit to City, by not later than the tenth (10th) day of the month, its bill for services rendered and costs incurred during the previous month. If the CCC’s bill is properly prepared and received by City by not later than the tenth (10th) day of the month, City shall pay the CCC all uncontested amounts set forth in the CCC’s bill by not later than 30 days from the date that the bill was received. All other properly billed and uncontested invoices received after the 10th of the month shall be paid by City not later than forty-five (45) days after receipt of the CCC’s bill by City. It is further agreed that the periodic billings are correct, conclusive and binding unless the CCC is notified in writing by City twenty (20) days from the date of receipt of the billing of any alleged inaccuracies, discrepancies or errors in billing.
All payments due to the CCC shall be paid to:
California Conservation Corps
Southern District Los Angeles Satellite
Attention: Sherryl Jones
4366 South Main Street
Los Angeles, CA 90037
In the event City fails to pay any undisputed amounts due the CCC within forty-five (45) days after invoices are received by City, then City agrees that the CCC shall have the right to consider said default a breach of this Agreement and may be terminated by the CCC without liability to the CCC upon ten (10) working days advance notice to City.
The CCC shall provide all personnel necessary to properly perform the construction services and duties required under this Agreement, and shall at all times direct such personnel in the performance of such services and duties. Sherryl Jones shall be principally responsible for the CCC’s obligations and performance under this Agreement and shall serve as the principal liaison between the City and the CCC. The CCC shall not designate representatives or liaisons other than Sherryl Jones without the prior written consent of either the Director of Planning, Building and Code Enforcement or the Director of Public Works of City, except for temporary re-assignments in the case of vacation, illness or emergency, where the CCC shall provide verbal notification to either the Director of Planning, Building and Code Enforcement or the Director of Public Works of City. In addition to the CCC’s principal liaison, the construction services and duties required under this Agreement shall be performed by the Conservationists 1 Staff (C-1) and the labor of the young adult corps members.
The CCC shall notify City in writing of its recommendation of the retention of any supplemental subcontractors and the need thereof. However, City shall have the exclusive authority to determine whether such subcontractors shall be retained pursuant to the CCC’s recommendation.
DUTIES OF CITY
City shall provide or make available to the CCC, without charge or expense, all information, data, records, maps, reports, plans, or other material in its possession necessary for carrying out the construction services and duties contemplated under this Agreement.
OWNERSHIP OF DOCUMENTS
City and the CCC agree that all records, data, reports or other documentation prepared by, in response to, or as a result of the performance of this Agreement shall be the sole property of City, and are to remain confidential, and shall not be released or otherwise made available to any person, entity or organization without the express prior written approval of City. Copies of any data, records, reports or other documents held by the CCC shall be delivered to City upon demand. During the term of this Agreement, the CCC may retain one copy of each document for its records.
No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on the behalf of the CCC. It is agreed that all records, data, reports or other documents generated by the CCC for the City can only be used for the specific location and/or specific improvement without the written consent of the CCC.
CONFLICT OF INTEREST
The CCC agrees not to accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained pursuant to this Agreement.
The CCC also warrants that it is not, at the time this Agreement is entered into, engaged in any employment or representation which will or may likely make the CCC "financially interested" in any decision made by City on any matter in connection with which the CCC has been retained pursuant to this Agreement.
INDEMNIFICATION AND INSURANCE
This Agreement may be terminated at any time, with or without cause, by either party upon sixty (60) days prior written notice. Notice shall be deemed serviced upon deposit in the United States Mail or a certified or registered letter, postage prepaid, return receipt requested, addressed to the other party, or upon personal service of such notice to the other party, at the address set forth in Article XI.
In the event of termination or cancellation of the Agreement by the CCC or the City, due to no fault or failure of performance by the CCC, the CCC shall be paid compensation for all construction services performed by the CCC, in an amount to be determined as follows: for work done in accordance with all of the terms and provisions of this Agreement, the CCC shall be paid an amount equal to the amount of services performed prior to the effective date of termination or cancellation in accordance with the schedule attached hereto as Exhibit "A"; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to consultant for the full performance of the services described in Article IV and the authorization to proceed for the uncompleted project(s).
In the event of such termination, all finished or unfinished documents, reports, charts, data, studies, surveys, in the possession of the CCC under this agreement shall be returned to City, at City’s option.
i. Should either party to this Agreement bring legal action against the other, the case shall be handled in Los Angeles County, California,
and the party prevailing in such action shall be entitled to reasonable attorney’s fees, which shall be fixed by the judge hearing the case, and such fee shall be included in the judgment.
other than the CCC require the testimony of the CCC when
there is no allegation that the CCC was negligent, City shall
compensate the CCC for its testimony and preparation to
testify at the hourly rates in effect at the time of such testimony.
E. Assignment. This Agreement shall not be assignable by either party without the prior written consent of the other party. Notwithstanding the foregoing, the CCC may use the services of persons and entities not in its employ, when it is appropriate and customary to do so upon prior approval by City. Such persons and entities include, but are not limited to, specialized consultants. The CCC’s use of others for additional services shall not be unreasonably restricted by City, provided the CCC notifies City in advance.
F. Independent Consultant. The CCC is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its agents shall have control over the conduct of the CCC or any of the CCC’s employees, except as herein set forth. The CCC expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees, are in any manner the agents, servants or employees of City, it being distinctly understood that the CCC is, and shall at all times remain to City, a wholly independent contractor and the CCC’s obligations to City are solely such as are prescribed by this Agreement.
G. Titles. That titles used in this Agreement are for general reference only and are not part of this Agreement.
H. Extent of Agreement. This Agreement and Exhibit "A" represents the entire and integrated Agreement between the City and the CCC and supersedes all prior negotiations, representations or agreements, written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties.
i. This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California.
iii. The article and section, captions and headings herein have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction.
J. Notices. All notices pertaining to this Agreement shall be in writing and addressed as follows:
If to CCC:
California Conservation Corps
Southern District – Los Angeles Satellite
4366 South Main Street
Los Angeles, CA 90037
If to City:
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written.
CALIFORNIA CONSERVATION CORPS
CITY OF RANCHO PALOS VERDES
Based on the above hourly rate for a corps member, based on the bid proposal submitted by the CCC it is estimated that thirteen (13) corps members will be used for the trail construction. This rate includes labor, supervision, vehicle costs, standard tools and insurance.
Accordingly, the hourly costs for the services provided by CCC under to this agreement shall not exceed $195.00 per hour (13 corps members x $15.00/hour) and the daily cost shall not exceed $1,560.00 (8 hours per day x $195.00 per hour).
The total project cost shall not exceed $2,700.00 for the Pirate Trail and $5,000.00 for the Flying Mane Trail.