32.4 NOTICES - Written notices will be given to the employee in person whenever possible and the employee's signature obtained to indicate receipt. In the absence of personal service, the notice may be sent by registered mail.
32.5 EMPLOYEE'S RESPONSE - An employee's opportunity to respond to the appointing authority is not intended to be an evidentiary hearing. An employee has the right to have a representative of their own choosing at the meeting. The employee need not be accorded the opportunity to cross -examine a departments’ witnesses. However, the limited nature of this response does not obviate the appointing authority's responsibility to initiate further investigation if the employee's version of the facts raises doubts as to the accuracy of the department director's information leading to the discipline proposal. An employee may elect not to respond, thereby waiving any further pre-disciplinary response.
The appointing authority will evaluate the proposed discipline in light of the employee’s response, if any.
Within five (5) business days of the employee's response, or other deadline for response established by the parties, the decision of the appointing authority will be transmitted in writing to the employee. Service of the decision will be in person or by registered mail.
32.6 APPEAL PROCEDURES - Any permanent employee in the classified service shall have the right to appeal any termination or demotion. The appeal process shall not be applicable to probationary employees. The appeal process shall not be applicable to verbal reprimands, performance evaluations and denial of merit increases.
An employee desiring to appeal the appointing authority's decision shall have ten (10) calendar days after receipt of the response to file an appeal. The employee's request for appeal must be addressed to the City Manager or designee and received in the Human Resources Division and date stamped by the Human Resources Division within the 10-day period.
If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the appointing authority shall be considered conclusive and shall take effect as prescribed. With respect to de motions and terminations, if, within the 10 -day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Human Resources Division, an advisory arbitration appeal hearing shall be established as follows:
a. The employee shall file a written request with the Human Resources Division for advisory arbitration.
b. At the initiation of this MOU and the beginning of each subsequent calendar year, a list of registered arbitrators will be certified by the parties. CMFA and the City shall each submit the names of five (5) arbitrators to complete a listing of ten (10) arbitrators. The arbitrators shall be registered with the American Arbitration Association, California State Conciliation Service or some othe r agreed upon source. If a new list of arbitrators is not certified prior to February 28 th of each calendar year,
then the previous year’s list of arbitrators will be carried over.
c. Within seven (7) calendar days of the employee's request for an arbitration appeals hearing, each party will strike three names from the established list. If a mutual agreement cannot be reached between the parties as to the selection of an arbitrator fro m the remaining four, the matter will be heard by the first available arbitrator who fits within the time frames of the process. The party to have the first opportunity to strike a name from the list of ten arbitrators shall be determined by lot.
The priority of striking names shall alternate from one party to the other each time advisory arbitration is invoked by the same parties.
d. The selected arbitrator shall serve as the hearing officer. 566
e. Where practicable, the date for a hearing shall not be less than 20 calendar days, nor more than 60 calendar days, from the date of the filing of the appeal with the City Manager or designee. The parties may stipulate to a longer or shorter period in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing and the identity of the hearing officer to whom the matter has been assigned.
f. All hearings shall be private; however, the employee may request to open the hearing to the public.
g. Subpoenas and subpoenas duces tecums pertaining to a hearing shall be issued at the request of either party to the Hearing Officer, not less than seven (7) calendar days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer.
h. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irre levant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence.
i. Each party shall have these rights: To be represented by legal counsel or other person of their choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party firs t called them to testify; and to rebut the evidence against them. If the employee does not testify in their own behalf, they may be called and examined as if un der cross-examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary.
j. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs:
1. The party imposing discipline shall be permitted to make an opening statement;
2. The appealing party shall then be permitted to make an opening statement;
3. The party imposing disciplinary action shall produce the evidence on their part; the City bears the burden of proof and burden of producing evidence;
4. The party appealing from such disciplinary action may then open their defense and offer their evidence in support thereof, the employee bears the burden of producing evidence for any affirmative defenses asserted;
5. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason, permits them to offer evidence upon their original case;
6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer.
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k. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence.
They shall base their findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in their discretion, for good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The hearing officer, before or during a hearing, may grant a continuance for any reason they believe to be important to reaching a fair and proper decision. The hearing officer shall render their judgment as soon after the conclusion of the hearing as possible and in no event later than 30 days after conducting the hearing, absent a stipulation from the parties that a longer period of time is warranted. Their decision shall set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions.
l. The hearing officer may recommend sustaining or rejecting any or all of the charges filed against the employee. They may recommend sustaining, rejecting, or modifying the disciplinary action invoked against the employee. They may not recommend discipline more stringent than that issued by the department director.
m. The record of the administrative hearing and the hearing officer's opinion and recommendation shall be filed with the City Manager or designee, with a copy sent to the charged employee, and the City Manager or designee and shall set forth their findings and recommendations. If it is a dismissal hearing and a dismissal is not the hearing officer's recommendation, the opinion shall set forth the date the employee is recommended to be reinstated and/or other recommended action. The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action.
n. The City Manager or designee shall read the administrative record of the hearing, review the hearing officer’s opinion and recommendation and then render a decision on the appeal within thirty days of the filing of said opinion and recommendation. The decision of the City Manager or designee shall be final and conclusive. Copies of the City Manager or designee’s decision, shall be filed where appropriate, including the employee's personnel file, unless no discipline is upheld by the City Manager or designee.
o. The City shall bear the cost to the parties for the facilities, fees and expenses of the hearing officer if the hearing officer is not an employee of the City. These fees also include the fee of the court reporter and the costs of preparing the transcripts of the hearing. Each party shall bear its own witness and attorney fees. If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process may not apply to mutual settlements by the parties that result in an arbitration fee.
p. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City Manager or designee , the time of such discipline shall relate back to the date the employee was disciplined or after delivery of the City Manager or designee’s decision if discipline was stayed pending the arbitration hearing. If the City Manager or designee’s decision results in a reduction or elimination of a recommended loss of pay, the pay loss shall be restored to the employee.
q. In the cases of appeals from suspensions and reductions in pay, the hearing shall be conducted by the City Manager or designee . The employee shall bear none of the costs of the facilities, the hearing officer or other costs incurred by the City.
r. The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this section, including the appeal of the City Manager or designee’s final determination into the California Court System, which must be made in accordance to the time 568
standards and procedures established by Section 1094.5 and 1094.6 of California's Code of Civil Procedure.
ARTICLE 33 - RETURN TO WORK POLICY
33.1 PHYSICIAN RELEASE - The City has implemented through an Administrative Regulation a “Return to Work Policy” for employees who are released by their physician(s) to return to work for full duty in the manner set forth in Administrative Regulation 2.5 – Temporary Limited/Modified Duty.
33.2 RETURN TO WORK TESTING
a. Employees on Leave of Absence for More Than Ten Shifts b ut Less Than Six Months - Upon return to work for duty on the first shift , for any leave of absence of ten shifts or more (except Vacation) but less than six months, the employee will have a manipulative abilities test administered at the training tower by the Training Officer and/or their designee with the employee tested in the following areas:
1) Pull and extend 1 ¾” crosslay (200’) pre-connected line 2) Able to crawl following one section (50’) of 1 ¾” hose 3) Perform both tip and butt positions of a 24’ extension ladder (includes raising and lowering the fly)
4) Don Breathing Apparatus in accordance with current standards (under 2 minutes) 5) Carry two spare S.C.B.A. bottles in full turnouts and wearing a S.C.B.A. to the 2nd floor landing.
b. Employees on Leave of Absence for Six Months or More – Upon return to work for duty on the first shift for any leave of absence of six months or more, the employee shall participate in the manipulative abilities test as described in Section 32.2 (a) and shall be required to complete the position specific tasks per the current Costa Mesa Fire and Rescue Policy Manual titled “Return to Work”. The parties agreed to meet and confer on any changes to the “Return to Work” policy.
33.3 Any member not passing any of the above will placed on remedial training as described in the Costa Mesa Fire and Rescue Policy Manual titled “Return to Work”.
ARTICLE 34 - MAXIMUM AGE FOR PUBLIC SAFETY EMPLOYEES
34.1 ADMINISTRATIVE REGULATION - The City shall implement an Administrative Regulation regarding the maximum age for public safety employees in the manner set forth in Administrative Regulation
2.4 – Maximum Age Policy for Public Safety Employees.
ARTICLE 35 - MEET AND CONFER IN GOOD FAITH
35.1 ACT OR DECISION IMPACTING TERMS -The City and CMFA agree to meet and confer in good faith within two weeks after passage of any Act or decision of any court of competent jurisdiction which has significant financial impact upon the City and may, as a result, affect the terms and conditions stated herein.
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35.2 NEW CONTRACT NEGOTIATIONS - The parties agree to meet and confer in good faith after April 2027 (or earlier if both parties agree) on wages, hours and other terms and conditions of employment to be effective on or after the first pay period in July 2027.
REPRESENTATIVES OF THE COSTA MESA REPRESENTATIVES OF THE CITY OF
FIRE MANAGEMENT ASSOCIATION COSTA MESA
STEVEN CATHEY CECILIA GALLARDO DALY
CMFA President Interim City Manager
NICHOLAS CERCIELLO ALMA L. REYES
CMFA Negotiations Team Member Acting Assistant City Manager
MARK M. GEIGER JR. CAROL MOLINA
CMFA Negotiations Team Member Finance Director
ANDREW HARRIS KASAMA LEE
CMFA Negotiations Team Member Human Resources Manager
BRENT TURNER FANNI ACOSTA
CMFA Negotiations Team Member Human Resources Administrator
CATHLEEN SERRANO
Acting Senior Budget Analyst
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MEMORANDUM
OF UNDERSTANDING
Between The Representatives Of The
Costa Mesa Fire Management Association
And The City of Costa Mesa
2024
2027
ATTACHMENT 4
REVISED 9/16/25
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TABLE OF CONTENTS
CMFMA
MEMORANDUM OF UNDERSTANDING
PAGE
ARTICLE 1 RECOGNITION/PREAMBLE 3
ARTICLE 2 TERM OF AGREEMENT 4
ARTICLE 3 BASIC SALARIES AND WAGES 4
ARTICLE 4 PROMOTIONS 4
ARTICLE 5 HEALTH INSURANCE 5
ARTICLE 6 RETIREMENT 5
ARTICLE 7 RETIREE MEDICAL PROGRAMS 8
ARTICLE 8 HOLIDAY PAY BANK 9
ARTICLE 9 BILINGUAL PAY 10
ARTICLE 10 OVERTIME 11
ARTICLE 11 UNIFORM MAINTENANCE ALLOWANCE 11
ARTICLE 12 STAFFING LEVELS 12
ARTICLE 13 BENEFIT REVIEW COMMITTEE 12
ARTICLE 14 LABOR/MANAGEMENT MEETINGS 12
ARTICLE 15 HOURS POOL RECONCILIATION 12
ARTICLE 16 TUITION REIMBURSEMENT 12
ARTICLE 17 TECHNOLOGY ALLOWANCE 13
ARTICLE 18 RECRUITMENT AND RETENTION INCENTIVE PAY 13
ARTICLE 19 ADMINISTRATION ASSIGNMENT PAY 14
ARTICLE 20 PROFESSIONAL DEVELOPMENT REIMBURSEMENT 14
ARTICLE 21 SICK LEAVE PROGRAM 14
ARTICLE 22 LONG TERM DISABILITY 15
ARTICLE 23 EDUCATION PAY 15
ARTICLE 24 CERTIFICATION PROGRAM 16
ARTICLE 25 LAYOFF PROCEDURES 18
ARTICLE 26 LEAVES OF ABSENCE 18
ARTICLE 27 401(A) DEFERRED COMPENSATION PLAN 20
ARTICLE 28
DISABILITY DISCRIMINATION 20
ARTICLE 29 DISCIPLINARY PROCEDURES - FBOR 20
ARTICLE 30 RETURN TO WORK POLICY 20
ARTICLE 31 MEET AND CONFER IN GOOD FAITH 20
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ARTICLE 1 - RECOGNITION/PREAMBLE
1.1 By resolution of the City Council of the City of Costa Mesa and pursuant to the provisions of the Meyers-Milias-Brown Act, Section 3500 et. seq. of the California Government Code, the City of Costa Mesa (hereinafter called the "City") has recognized the Costa Mesa Fire Management Association (hereinafter called the "Association" or “CMFMA”) as the exclusive representative and agent for collective bargaining of the sworn members of the City of Costa Mesa Fire Department (hereinafter "Department" or "Fire Department") in the unit of representation consisting of the job classification of Battalion Chief excluding all non-sworn Fire Department employees (hereinafter referred to as “represented employees” or “unit members”) . The Association and the City are the Parties to this agreement and are jointly recognized herein as "The Parties."
1.2 This Memorandum of Understanding (MOU) has been prepared by representatives of the City and representatives of the Association who have met and conferred in good faith, examining a number of proposals and counter proposals concerning wages, hours of employment, fringe benefits and other terms and conditions of employment for represented employees.
1.3 It is the mutual understanding of the City and Association that this MOU shall be submitted to the Costa Mesa City Council with the joint recommendation of the parties that the terms of this MOU be adopted, and that said City Council will take such other action as may be needed to implement its provisions.
1.4 The wages, hours and other terms and conditions of employment currently in effect for the job classification covered herein shall remain in effect unless modified, amended or deleted by this MOU or subsequent MOUs, or unless a tribunal of competent jurisdiction holds that any part of this MOU is found to be insufficient, in conflict or inconsistent with other laws or contractual obligations of the Parties, or otherwise held to be invalid, unlawful or unenforceable, in which case such part or provision, and only such part or provision, shall be severed from this MOU or shall be suspended or superseded by such applicable laws and regulations. If such legal severance invalidates a benefit defined herein, said benefit shall be replaced by an item or alternative benefit of comparable value to the extent allowed by law. The Parties shall meet and confer in good faith to determine the replacement, or if any replacement is possible.
1.5 The Parties hereby agree that all of the material terms and conditions of previous agreements between CMFMA and the City and applicable Resolutions are hereby superseded by the adoption of this MOU.
1.6 For the term of this MOU, neither party shall be compelled to meet and confer with the other concerning any issue within the scope of representation of the Association. Each Party to this MOU hereby expressly waives its right to demand that the other Party meet and confer concerning any issue within the scope of representation of the Association. However, nothing in this MOU shall prohibit these Parties from exploring the possibility of amending this agreement over any issue within the scope of representation of the Association, if, and only if, both Parties hereto mutually agree to do so.
1.7 Continuous uninterrupted and efficient service to the community of Costa Mesa by the City and its employees, and orderly employer-employee relations are essential considerations of this MOU. Accordingly, the Association agrees on behalf of itself and its members, individually and collectively, that there shall not be any strikes, “sick-outs”, non-informational picketing, boycotting, work stoppages, slow-down strikes or any other concerted job actions constituting refusal to render services, including overtime or any other curtailment or restriction of work and services at any time during the term of this MOU.
1.8 The Association recognizes its duty and obligation to comply with the provisions of Section 1.7 of this MOU and to make every reasonable effort to assure that all employees covered by this MOU similarly do so. In the event of any concerted activity by employees in violation of the provisions of Section 1.7, the Association hereby agrees to direct its members to cease said action or conduct forthwith. 573
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1.9 Except as modified by this agreement, all rights to manage, organize, direct and control the City's Fire Department are retained exclusively by the City and its management personnel.
1.10 During the term of this MOU, the parties agree either side can propose MOU language to clean up provisions which are either outdated or in need of modification. Any language changes must be mutually agreeable.
ARTICLE 2 - TERM OF AGREEMENT
2.1 TERM - The term of this three-year MOU will commence on July 1, 2024, and will expire on June 30, 2027.
ARTICLE 3 - BASIC SALARIES AND WAGES
3.1 COMPENSATION - Employees covered by this Agreement shall be compensated at the established monthly base salary rates under the Basic Pay Schedule for sworn fire personnel.
3.2 SALARY ADJUSTMENTS – The salary adjustments will be implemented for the classification of Battalion Chief. The City will adjust the monthly base salary for CMFMA members based on the following:
First Year of the Agreement - Effective the pay period that includes July 1, 2024 , monthly base salary of represented employees shall be increased by 5%.
Second Year of the Agreement - Effective the pay period that includes July 1, 2025, monthly base salary of represented employees shall be increased by 3.75%.
Third Year of the Agreement - Effective the pay period that includes July 1, 2026 , monthly base salary of represented employees shall be increased by 3.75%.
3.3 MANDATORY DIRECT DEPOSIT – All association employees shall be required to enroll in payroll direct deposit. Paychecks will be electronically paid to an employee’s bank account. Upon separation, employees will receive their final paycheck electronically.
ARTICLE 4 - PROMOTIONS
4.1 RATE OF PAY - Current administrative regulations provide that when an employee is promoted that the promotee shall be placed at a step within the appropriate salary range for the new classification that pays at least five percent (5%) higher than the rate of pay earned prior to the promotion, provided that the promotee's new rate of compensation does not exceed the top step of the new position's appropriate salary range. In making this determination, “ the rate of pay earned prior to the promotion” shall include all “compensation earnable” as defin ed by the Public Employees Retirement Law [Gov. Code § 200000 et seq.]
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ARTICLE 5 - HEALTH INSURANCE
5.1 IRS SECTION 125 BENEFIT PLAN - The City shall provide the amount listed below toward the payment of premiums under an IRS Section 125 Benefit Plan. Core benefits include life and long term disability insurance. Medical insurance is a required core benefit which a City employee is required to carry if a City employee is not covered by another medical insurance plan with comparable coverage at the end of the open enrollment period.
5.2 PEMHCA - Employees shall have the option of choosing medical coverage under the Public Employees’ Medical Health Care Act (PEMHCA).
5.3 CONTRIBUTION AMOUNT - The City shall contribute an amount toward the executive flexible benefit plan bucket (which includes the PERS statutory minimum) for the payment of premiums for affected employees and dependents based upon the following criteria:
• Full family coverage for the PERS Platinum medical plan under the California Public Employees’ Retirement System (CALPERS) health insurance programs • Full family coverage for the Dental Indemnity plan
• Full premium payment for Life Insurance
• Long Term Disability premium will be based upon the top step salary of the highest-salaried Division Manager within the classified service
Any amounts necessary to maintain benefit premiums in excess of the City contribution specified above shall be borne entirely by the executive employee.
5.4 QUALIFICATION FOR FLEX CONTRIBUTION - Employees must receive compensation for the entire pay period to receive the flexible benefit contribution amount. Use of accrued leave qualifies as compensation for this purpose. Employees will be ineligible for the flexible benefit contribution if the employee records absence without pay hours within the pay period. Catastrophic illness leave donations to employees will not meet the qualifications for the flex contribution. Disciplinary actions will not disqualify an employee from receiving the flex contribution. This provision shall not apply to a pay period during which an employee has exhausted all paid leave benefits. Its application shall take effect the following pay period.
ARTICLE 6 - RETIREMENT
6.1 CALPERS - The City contracts with CalPERS for retirement benefits. The definitions of “new member” and “classic member” are set forth below:
A. “Classic Member” Employees
1. Retirement Formula : The City contracts with CalPERS to provide the 3% at 50 retirement formula (Tier 1) for all employees hired before December 31, 2012, as set forth in California Government Code Section 21362.2. For employees hired on or after December 31, 2012, who are classic members as defined, the City contracts with CalPERS to provide the 2% at 50 retirement formula (Tier 2) as set forth in California Government Code Section 21362.
2. Retirement Benefit Calculation Period: The City's contract with CalPERS provides for the "Single Highest Year" retirement benefit for which “classic member” employees hired prior to December 31, 2012, in the unit are included per Government Code 575
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section 20042. The retirement benefit is based on the highest annual compensation for the one year during the employee's membership in CalPERS. For employees hired on or after December 31, 2012, who are classic members as defined, final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of their retirement or any other three consecutive year period chosen by the employee as set forth in Government Code section 20037.
3. Payment of Employee/Member Contribution:
a. Tier 1 Employees Subject to the 3%@50 formula:
i. Employees will pay the full nine percent (9%) CalPERS member contribution as compensation earnable towards their CalPERS member contribution. The City pays and reports zero percent (0%) as an Employer Paid Member Contribution (EPMC) under Government Code section 20636(c)(4) pursuant to section 20691.
b. Tier 2 Employees Subject to the 2%@50 formula:
i. Employees pay the full nine percent (9%) CalPERS member contribution. The City pays and reports zero percent (0%) as an Employer Paid Member Contribution (EPMC) under Government Code section 20636(c)(4) pursuant to section 20691.
The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.
4. Cost Sharing:
a. Employees in tier 1 subj ect to the 3%@50 formula pay additional retirement contributions into their employee account with PERS as cost sharing as follows:
i. Effective at the beginning of the pay period which includes July 1, 2024, employees pay five percent (5%) compensation earnable as cost sharing in accordance with Government Code section 20516(a) and an additional three percent (3%) of compensation earnable pursuant to the cost sharing provisions set forth in Government Code section 20156(f). When this five percent (5%) and three percent (3%) is added to the employees’ payment of nine percent (9%) towards their member contribution, employees shall pay seventeen percent (17%) compensation earnable towards their pension.
b. Employees in tier 2 subject to the 2%@50 formula pay additional retirement contributions into their employee account with PERS as cost sharing as follows:
i. Effective at the beginning of the pay period which includes July 1, 2024, these employees will pay an additional eight percent (8%) compensation earnable as cost sharing in accordance with Government Code section 20516( f). When this eight percent (8%) is added to the employee’s payment of nine percent (9%) towards their member con tribution, employees shall pay seventeen percent (17%) compensation earnable towards their pension.
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B. “New Members” (Tier 3) as Defined by t he Public Employees’ Pension Reform Act o f 2013 (PEPRA)
1. Retirement Formula: Unit members who are defined as “new members” under the PEPRA, are covered by the 2.7%@ 57 formula provided for by the Public Employees’ Retirement Law at Government Code section 7522.25(d).
2. Retirement Benefit Calculation Period: For unit members defined as “new members” under the PEPRA such employees’ final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of their retirement or any other three consecutive year period chosen by the employee as set forth in Government Code section 7522.32(a).
3. Payment of Employee/Member Contribution: New member employees are responsible for paying the employee contribution of one -half of the total normal cost of the plan, as defined by CalPERS, through a payroll deduction. This amount will be determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.
4. Cost Sharing:
a. Employees who are defined as “New Members” by the PEPRA and who subject to the 2.7%@57 formula pay additional retirement contributions as cost sharing as follows:
i. Effective at the beginning of the pay period which includes July 1, 2024, these employees will pay one quarter percent (0.25%) compensation earnable as cost sharing in accordance with Government Code section 20516(f).
b. Notwithstanding subparagraph 4(a) above, subsequent to J uly 1, 2024, the cost share payment for PEPRA employees will fluctuate if the normal cost rate changes. If the half the normal cost rate reduces below thirteen and three quarters percent (13.75%), the cost share (per Government Code section 20516(f) will go up so that when combined with the half the normal cost rate, the employee is paying a total of fourteen percent (14%) for retirement. If the half the normal cost rate increases above thirteen and three quarters percent (13.75%) , the cost share (per Government Code section 20516(f) will go down so that when combined with the half the normal cost rate, the employee is paying a total of fourteen percent (14%) for retirement. If the half the normal cost rate goes above fourteen percent (14%), there will be no cost share payment due from the PEPRA new member (Tier 3) employees. Rather, the employee will just pay the applicable half the normal cost rate as determined by CalPERS.
If one-half the normal cost rate exceeds fourteen percent (14%) (and it is rounded by CalPERS to the nearest one -quarter of a percent), the City will contribute the amount above fourteen percent (1 4%) to the deferred compensation account (per IRS Code section 457(b)) of each new member.
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6.2 CALPERS CONTRACT - The City will continue to provide pension benefits to represented employees in accordance with the CalPERS contract in effect on the effective date of this MOU. The City's contract with CalPERS for fire safety employees includes the following options:
• Section 21363.2 (3% @ 50 formula for Tier 1 classic employees only) • Section 21362 (2 % @ 50 formula for Tier 2 classic employees only) • Section 7522.25(d) (2.7% @ 57 formula for new members) • Section 20042 (One Year Final Compensation for Tier 1 classic employees only) • Section 20037 (Three Year Final Compensation for Tier 2 classic employees and new members only)
• Section 20516(a) (Employees Cost Share, Tier 1 and Tier 2 classic employees only) • Section 20965 (Credit for Unused Sick Leave)
• Sections 21624/ (Post-Retirement Survivor Allowance)
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• Section 21620 (Retired Death Benefit of $500)
• Section 21329 (COLA of 2%)
• Section 20903 (Two Years Additional Service – Golden Handshake) • Section 21635 (Post-Retirement Survivor Allowance Continues After Remarriage) • Section 21573 (Third Level of 1959 Survivor Benefits) • Section 21551 (Death Benefit Continues After Remarriage) • Section 20055 (Credit for Service Before CalPERS Contract) • Section 20938 (Limited Prior Service Credit to Employees on Contract Date) • Section 21536 (Local System Service Credit for Basic Death Benefit) • Section 20481 (Transfer of Local System Assets to CalPERS) • Section 21427 (Disability Retirement - Maximum 50% of Final Compensation) • Section 21024 (Military Stats 76)
• Section 21022 (Public Service Layoff)
• Section 21548 (Pre-Retirement Option 2W)
• Section 21027 (Military Retiree)
• Section 21023.5 (Peace Corps/AmeriCorps Service)
• IRC 414(h)(2) (Pre-tax payroll deduction plan for service credit purchase)
ARTICLE 7 - RETIREE MEDICAL PROGRAMS
7.1 RETIRED EMPLOYEES’ MEDICAL PROGRAM - The City shall continue to provide life and medical insurance for retired employees of the City as defined in Council Policy 300-1. Employees hired after January 1, 2004, who have funds on deposit in the Retirement Health Savings plan (contributions to which have been suspended) will maintain those funds.
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ARTICLE 8 - HOLIDAY PAY BANK
8.1 The following Holiday Pay provisions are effective May 1, 2023.
8.2 DESIGNATED HOLIDAYS - The following are the City designated holidays for employees covered by this agreement:
New Year’s Day
January 1st
Juneteenth
June 19th
Thanksgiving Day
4th Thursday in November
Martin Luther King, Jr.
3rd Monday in January
Independence Day
July 4th
Day after Thanksgiving
4th Friday in November
President’s Day
3rd Monday in February
Labor Day
1st Monday in September
Christmas Day
December 25th
Memorial Day
Last Monday in May
Veteran’s Day
November 11th
8.3 In the event any of the above holidays fall on Saturday, the preceding Friday will be observed. In the event any of the above holidays fall on Sunday, the following Monday will be observed. All employees covered by this agreement work in positions that require scheduled staffing without regard to holidays.
8.4 56-HOUR EMPLOYEE (13.2364 hours per holiday) - At the end of any pay period during the payroll calendar year, employees may elect to receive a cash payment for earned holiday pay benefits of
13.2364 hours for each holiday for a total of 145.6 hours. At the end of the payroll calendar year, any remaining holiday hours will be cashed out on the last payroll of the payroll calendar year. Holiday pay cannot be converted into leave or compensatory time off.
8.5 40-HOUR EMPLOYEE (9.455 hours per holiday) - At the end of any pay period during the payroll calendar year, employees may elect to receive a cash payment for earned holiday pay benefits of
9.455 hours for each holiday for a total of 104 hours. At the end of the payroll calendar year, any remaining holiday hours will be cashed out on the last payroll of the payroll calendar year. Holiday pay cannot be converted into leave or compensatory time off.
8.6 Holiday pay will be paid at the employee’s base rate of pay.
8.7 If an employee separates from the service of the City and has used or been paid for holiday pay in advance of the date(s) or day(s) the holidays actually occurred, the City will deduct the cash value for holiday benefits already paid, but unearned at the time of separation from the employee’s final paycheck.
8.8 Employees are only eligible for holiday pay for the designated holidays that occur during the term of their employment (e.g., an employee hired on January 10, will not be eligible for holiday pay for New Years Day for the calendar year of their hire, but would be eligible for Martin Luther King Day and any further designated holidays which fall during their employment).
8.9 ADDITIONAL HOLIDAY - If the City provides an additional holiday to any other employee group during the term of this contract, the City will also provide the cash value of that additional holiday to employees covered by this agreement.
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8.10 The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.
ARTICLE 9 - BILINGUAL PAY
9.1 BILINGUAL CERTIFICATION - Employees who meet the Department/City established standards and are routinely and consistently assigned to communicate in Spanish, Vietnamese, American Sign Language (ASL) and any other language approved by the City Manager shall receive two and one - half percent (2.5%) or five percent (5%) of the top step base salary for the Fire Engineer classification depending on level of proficiency. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.
9.2 QUALIFICATION FOR 2.5% CERTIFICATION - The following standard of spoken Spanish, Vietnamese, or American Sign Language is followed for the 2.5% Certification:
A. The applicant has the ability to create with language, recombining and adapting learned material to express personal meaning and can handle simple situations and transactions in the course of their work such as paramedic calls, explanation of procedures, obtaining personal information, symptoms and health history, instructions to victims and onlookers, among others.
B. The applicant is able to maintain simple face-to-face conversations, asking and answering questions regarding everyday survival on topics most related to self and immediate work environment; courtesy requirements, and personal needs during the course of routine calls not likely to be of a life-or-death nature.
C. The applicant can be understood with some repetition by a sympathetic native speaker.
D. The applicant demonstrates mastery of work -related vocabulary including: time, days of the week, months, family members, parts of the body, motions and states, greetings, home and community, food and beverages, alphabet and numbers, vehicles, simple commands, interrogatory words, etc.
E. Accuracy is required in the present tense and gender distinctions.
F. Core vocabulary of 300-600 words.
9.3 QUALIFICATIONS FOR 5% CERTIFICATION - In addition to Article 9.3 above, the 5% Certification requires:
A. Accuracy in present and past tenses.
B. Core vocabulary of 600-1200 words.
C. Exhibits good pronunciation, stress, and intonation skills as judged by the ability to be understood with little repetition or confusion by native speaker.
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D. Ability to interview the victim of an accident, fire, or other situation involving a native speaker of Spanish and the conduct simple interrogations and investigations which could be of a life-or-death nature.
E. Ability to understand description, narration, main ideas and details on a variety of topics beyond the immediate situation.
ARTICLE 10 - OVERTIME
10.1 OVERTIME COMPENSATION
A. Employees will be compensated at a rate of one and a half times the employees’ base rate of pay plus employees’ Recruitment and Retention Incentive Pay per Article 18, Education Pay per Article 23 and employees’ Fire Certification Pay per Article 24 for all time worked in excess of their regular work schedule, except as provided below in 10.2.
B. 14-day work cycle is defined as the pay period and all hours that are included in it.
10.2 OVERTIME PAY vs SICK and VACATION USAGE
Battalion Chiefs - During any 14-day pay period, if a Battalion Chief uses Sick or Vacation time and additionally works any overtime hours during that pay period, they will be compensated at the straight time regular rate of pay until those additional hours worked exceed the Sick or Vacation time used. Additional hours worked that exceed any Sick or Vacation Time used will be compensated at one and one half times the employee’s rate of pay as described in 10.1A.
Exemplar – During a 14-day pay period if a BC takes 24 hours of Vacation Time and during the same 14- day pay period the BC works an additional 36 hours of overtime, then the BC would be entitled to 24 hours of additional pay at the straight time regular rate of pay and 12 hours of premium overtime compensation at one and one half times the employees’ rate of pay as described in 10.1A.
10.3 CALL-BACK or CALL-OUT FOR DUTY- Anytime a represented employee is required to report for duty for staffing level requirements, needs of the department, State and Federal Call Out, emergencies, disasters, fire investigation responsibilities, department-related emergency needs, or required attendance, that employee shall receive a minimum of two (2) hours of additional pay at the appropriate hourly rate based on hours worked in the pay cycle. This does not apply to early reporting or “hold-overs.”
10.4 STATE AND FEDERAL CALL OUT - All State and Federal Call Out will be Compensated “Portal to Portal.”
A. All Battalion Chiefs will be paid at the rate of one and one- half (1 -1/2) times the employee’s rate of pay as described in 10.3A for additional hours required to worked more than the normal work week or shift schedule. All pay will be “Portal to Portal”.
10.5 Battalion Chiefs - All Mandatory or “Force” coverage will be at one and a half times the employees’ rate of pay as described in 10.1A.
ARTICLE 11 - UNIFORM MAINTENANCE ALLOWANCE
11.1 The City provides uniforms for employees represented by the Association. The City will continue to replace, repair and maintain uniforms worn in the line of duty. The average cost of the uniforms/uniform allowances are reported as $17 per pay period. The parties agree, to the extent permitted by law, this 581
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compensation is special compensation for “Classic Employees” and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571
ARTICLE 12 - STAFFING LEVELS
12.1 POSITIONS - Will consist of (1) Battalion Chief per day (56-hour employee) for a total of 3 control positions.
ARTICLE 13 - BENEFIT REVIEW COMMITTEE
13.1 BENEFIT REVIEW COMMITTEE - CMFMA shall maintain one representative on the City’s Benefit Review Committee. The Committee continually evaluates the City’s benefit programs and makes recommendations on plan changes, benefit levels, payroll deductions and the addition or deletion of plans.
Participation on the Benefit Review Committee meets the City’s obligation to negotiate with CMFMA on changes to the City’s group benefit plans.
ARTICLE 14 - LABOR/MANAGEMENT MEETINGS
14.1 TWICE PER YEAR - The City and CMFMA agree as needed to discuss issues of mutual interest.
ARTICLE 15 - HOURS POOL RECONCILIATION
15.1 ZEROING OF HOURS The CMFMA agrees to the current status of the hours pool figures upon verification and acknowledges its obligation and responsibility in maintaining accurate reporting and documentation. The zeroing of the hours pool shall occur annually from the members’ vacation bank hours.
This zeroing shall occur at the end of the pay period, in which all three (3) shifts normally reach zero in alignment with department shift movement due to shift bid process, followed by annual zeroing out one year from shift bid movement (on date agreed to by the association and Fire Administration. For “Exchanges of Time”; there will be an upper and lower threshold range of 96 hours up and 96 hours down for “open ended trades.” Should an employee be “outside” of this range, their ability to trade will be suspended until their trade status is back within range. Three times per year (one month prior to the zero out dates) there will be a report generated to ensure that no employee is outside of this range. This report will be given to the Assistant Fire Chief or their designee to ensure compliance. Open ended is defined as no payback day is scheduled.
ARTICLE 16 - TUITION REIMBURSEMENT
16.1 PASSING GRADE - Tuition, certification fees, and textbook costs involved in educational courses which may be taken by an employee, and which pertain to their City employment, shall be reimbursed to said employee by the City. The employee participating must achieve a passing grade of a “C” or better, Credit/No Credit or a Certificate of Completion and should see that the Human Resources Manager receives a copy, where appropriate, of the employee’s grade(s) before any reimbursement.
16.2 REIMBURSEMENT AMOUNT - The City will reimburse up to a maximum of $1,250 per fiscal year for qualifying expenses.
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16.3 ELIGIBLE CLASSES - Eligible classes that pertain to an individual’s City employment will include those that are job-related or those needed to complete a degree program. All courses or seminars related to any of the approved categories in the Certification Program are eligible for reimbursement.
16.4 REQUIRED APPROVAL - All claims for tuition reimbursement require the approval of the Fire Chief before receiving the funds.
ARTICLE 17 - TECHNOLOGY ALLOWANCE
17.1 Employees covered by this MOU shall be provided with a $75 monthly technology allowance. The City Manager has the sole discretion to grant, modify or deny an allowance for covered employees.
ARTICLE 18 - RECRUITMENT AND RETENTION INCENTIVE PAY
18.1 Recruitment and Retention Incentive Pay is compensation to incentivize Fire Department sworn employees to remain with the City of Costa Mesa. Recruitment and Retention Incentive Pay shall be paid on a biweekly basis.
Employees in this bargaining unit who have been employed in a full -time equivalent sworn firefighting position (as defined in Government Code Section 3251 or the out-of-state equivalent as determined by the Fire Chief) in a municipal, state or federal fire department or other agency (as determined by the Fire Chief) for twenty-five (25) years or more shall receive recruitment and retention incentive pay of ten percent (10%) of employee’s base salary.
Effective the payroll that includes July 1, 2024, employees in this bargaining unit who have been employed in a full-time equivalent sworn firefighting position (as defined in Government Code Section 3251 or the out-of-state equivalent as determined by the Fire Chief) in a municipal, state or federal fire department or other agency (as determined by the Fire Chief) for twenty (20) years or more shall receive recruitment and retention incentive pay of seven and a half percent (7.5%) of employee’s base salary.
Effective the payroll that includes July 1, 2025, employees in this bargaining unit who have been employed in a full-time equivalent sworn firefighting position (as defined in Government Code Section 3251 or the out-of-state equivalent as determined by the Fire Chief) in a municipal, state or federal fire department or other agency (as determined by the Fire Chief) for fifteen (15) years or more shall receive recruitment and retention incentive pay of five percent (5%) of employee’s base salary.
Effective the payroll that includes January 1, 2026, employees in this bargaining unit who have been employed in a full -time equivalent sworn firefighting position (as defined in Government Code Section 3251 or the out -of-state equivalent as determined by the Fire Chief) in a municipal, state or federal fire department or other agency (as determined by the Fire Chief) for ten (10) years or more shall receive recruitment and retention incentive pay of two and a half percent (2.5%) of employee’s base salary.
Service in any classification other than a sworn firefighting classification will not count towards this purpose.
The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.
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ARTICLE 19 - ADMINISTRATION ASSIGNMENT PAY
19.1 PAY FOR ASSIGNMENT - Administrative Assignment pay – An employee in the job classification of Battalion Chief shall be entitled to compensation in the amount of five percent (5%) of the base rate for their classification w when routinely and consistently assigned by the Fire Chief to a 40-hour administrative assignment workweek. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.
ARTICLE 20 - PROFESSIONAL DEVELOPMENT REIMBURSEMENT
20.1 T he City agrees to reimburse represented employees up to $1,000 per fiscal year for activities, materials; equipment or fees that will aid i n their individual professional development. The Intent of this program is to encourage and recognize executive staff for pursuing educational, professional or community- oriented activities, enhancing Job skills and expertise, and/or purchasing materials/equipment, which improve the executive's performance. These activities, materials, equipment or fees are intended to be beyond what is- budgeted for individuals through the annual budget cycle. The reimbursement options available include the following:
• Professional memberships, licenses and certificates that are job-related. • Professional conferences that are job-related including fees and other expenses while attending • Membership dues in community organizations · relevant to the CMFMA member’s job assignment
• Purchase of job-related professional journals, periodicals, books or other written materials which further knowledge or improvement of effectiveness in performance of duties • Education fees that exceed the City's annual $1,250 tuition reimbursement limit • Direct purchase of qualifying ·computer equipment defined in Administrative Regulation 2.29
ARTICLE 21 - SICK LEAVE PROGRAM
21.1 SICK LEAVE - Sick leave shall be used in case of a bona fide illness of the employee upon approval. Sick leave may also be used for illness of their, parent, spouse , registered domestic partner, grandchild, grandparent, sibling or designated person who is incapacitated and/or requires the service of a physician, and when the presence of the employee is required. The maximum number of hours that may be used for serious illness or emergency of their child, parent, spouse , registered domestic partner, grandchild, grandparent, sibling, or designated person is half of the employee’s annual accrual pursuant to Labor Code Section 233. At the conclusion of the emergency, said employee shall return to work as soon as possible. The employee taking such sick leave shall notify their immediate supervisor prior to or within one-half (1/2) hour after the time set for the beginning of their daily duties, or as otherwise specified by the department. When absence for illness is for more than two (2) consecutive work shifts, the employee may be required to present a physician's certificate verifying the illness or a personal letter of explanati on for verification purposes to the Fire Chief indicating fitness to return to duty.
21.2 ACCUMULATION OF SICK LEAVE - Employees may accumulate up to a maximum of 672 hours of sick leave credit in a Primary Sick Leave Bank for each employee covered hereunder. CMFMA Members will receive 4.80 hours (6.72 hours for 56-hour members) of sick leave per pay period that will be deposited in each employee’s Primary Sick Leave Bank as addressed in Section 21.3 below. Upon reaching this maximum number of accumulated sick leave hours, the employee’s biweekly benefit will be distributed in the following manner:
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A. At the employee’s option, 2.4 hours (3.36 hours for 56-hour members) will be:
1. Paid to the employee at the employee’s then current hourly base rate of pay.
2. Converted into vacation hours.
B. The remaining 2.4 hours (3.36 hours for 56-hour members) will be placed in a Secondary Sick Leave Bank for the employee.
21.3 PRIMARY SICK LEAVE BANK - Hours in this bank may be used in accordance with the rules regarding sick leave use in general as defined in the City's Personnel Rules and Regulations.
21.4 SECONDARY SICK LEAVE BANK - If an employee has a Secondary Sick Leave Bank, hours in that bank will be used first in accordance with the rules regarding sick leave use. Hours in this bank may also be used in the event of a verified non-industrial disability which has resulted in an absence of 60 consecutive calendar days. In this event, sick leave in the Secondary Sick Leave Bank may be used for additional consecutive absences resulting from the disability; or it may be used to supplement LTD should that event occur. Additionally, an amount of sick leave equal to the hours used from an employee's Primary Bank for said disability may be transferred from the employee's secondary Bank to the Primary, provided that such transfer does not result in an excess of 672 hours in the employee’s Primary Bank. The secondary sick leave bank has no maximum accrual.
21.5 SEPARATION FROM CITY - Upon either separation from the City of Costa Mesa, with a minimum of 20 years of continuous honorable service; or eligibility for retirement benefits, (as defined in the benefit Plan applied for) the employee shall have the option of:
A. Being paid at their current hourly base rate for one-half of the sick leave in their Primary Sick Leave Bank. There shall be no cash payment for sick leave in the Secondary Sick Leave Bank, or
B. Alternatively, the employee can choose to apply all credited time in both his or her Primary and Secondary Sick Leave Banks toward service credit. In addition, if this alternative is selected, then the payoff indicated in 19.4a above becomes a survivor benefit, to be paid to their designated beneficiary.
ARTICLE 22 - LONG TERM DISABILITY
22.1 ELIGIBILITY - An employee is eligible for Long Term Disability (LTD) after thirty (30) calendar days. Once eligible for LTD pursuant to the terms and conditions of the LTD Plan, an employee may exercise the option of using accumulated vacation and sick leave in their Primary and Secondary Sick Leave Bank to supplement LTD payments up to an amount not to exceed 100% of monthly salary.
22.2 MEDICAL RETIREMENT - A permanent separation from service for disability shall be termed a “medical retirement” whether or not such separated employee receives benefits from either the Retirement Plan or LTD Plan.
ARTICLE 23 - EDUCATION PAY
23.1 EDUCATION PAY - Employees shall be entitled to compensation in the amount of two and a half percent (2.5%) of top step base salary for the Battalion Chief classification for:
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1. Possession of a Master’s Degree, or
2. Possession of the Executive Fire Officer Certification (National Fire Academy), or
3. Possession of all of the following: 1) Bachelor’s Degree, 2) Fire/Arson Investigator or Advanced Fire Investigator as approved by the Fire Chief (CSFM/SFT) and 3) Safety Officer (All Hazard L-954 or SFT S-404) (CICCS/NWCG). No new employees or newly promoted employees will be eligible for this option effective January 1, 2025.
It is the intent of the parties that any degrees submitted are accredited by Western Association of Schools and Colleges, Council for Higher Education Accreditation, or pre -approved by the Fire Chief or their formal designee.
Effective the pay period that includes July 1, 2024, compensation for completion of a Master’s Degree or Executive Fire Officer Certification (National Fire Academy) will no longer be part of the certification program or subject to the certification program maximum compensation per Article 24.
The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.
ARTICLE 24 - CERTIFICATION PROGRAM
24.1 ELIGIBILITY - Employees employed in the classifications of Battalion Chief will be eligible to participate in the Certification Program, based upon the following achievements and criteria.
24.2 CRITERIA
A. The pays employees are eligible to obtain under this program shall be cumulative provided the total maximum monthly award payable to any employee under this program shall not exceed seven and a half percent (7.5%) of the top step base salary for the Battal ion Chief classification.
B. The parties recognize that this program needs to be reviewed and updated on a periodic basis to ensure its vitality and relevance including reviewing any revisions to the California State Fire Training (SFT) or other agency course matriculation plans.
C. Potential certification equivalencies ( i.e., FEMA, NWCG, etc.) will be considered and approved by the Fire Chief on a case-by-case basis.
D. Employees must submit official documentation/transcripts/completed task books to Fire Administration confirming that they are in possession of the required certifications and degrees prior to receiving an award.
E. Fire Administration will be responsible for notifying the Human Resources Division of the award qualification, upon verification that an employee has met the required criteria. The effective date of the certification pay will be the 1
st day of the payroll in which Fire
Administration received the official documentation. Should there be a delay in the receipt of a certification due to SFT, the effective date of the certification pay may be applied retroactively by the Fire Chief on a case-by-case basis.
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The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 California Code of Regulations, Section 571 and 571.1.
24.3 MONTHLY AWARDS - The monthly awards are listed in the following chart.
CERTIFICATION MONTHLY
AWARD
Executive Chief Fire Officer (CSFM/SFT) 2.50%
Chief Fire Officer (CSFM/SFT/CPSE) 2.50%
Chief Fire Officer (CSFM/SFT) 2.50%
Chief Fire Marshal (CSFM/SFT) 2.50%
Chief Fire Marshal (CPSE) 1.00%
Chief EMS Officer (CPSE) 1.00%
Chief Training Officer (CPSE) 1.00%
Chief Public Information Officer (CPSE) 1.00%
Accreditation Peer Assessor (CPSE) 1.00%
Structural Collapse Specialist I (eff 7/1/2024)*
Rescue Specialist (Rescue Systems I & II prior to 7/1/2024) 1.00% Confined Space Operational Technician *
(Confined Space Rescue Technician & Trench Rescue Technician eff 7/1/2024) (Confined Space Operational & Trench Rescue prior to 7/1/2024)
1.00%
Specialized Rescue Technician*
(Common Passenger Vehicle Extrication, River & Flood Rescue Technician, Haz Mat First Responder, ICS-200, eff 7/1/2024)
(Vehicle Extrication, Swift Water Operational, Haz Mat First Responder, ICS-200 prior to 7/1/2024
1.00%
Urban Search & Rescue (Employees hired/promoted to Battalion Chief prior to 7/1/2024)* 1.25% Terrorism Liaison Officer Intermediate or Advanced Equivalent (OCIAC) 1.00% Division Supervisor (NWCG/CICCS) 1.00%
Fire Control III (CSFM/SFT) 1.00%
Strike Team Leader (NWCG/CICCS) 1.00%
All Hazard Public Information Officer L-952 (FEMA) or Advanced Public Information Officer (CSTI) or Crisis Communication & the Media (CSTI) 1.00% Fire/Arson Investigator or Advanced Fire Investigator (CSFM/SFT) (Employees hired/promoted to Battalion Chief after 1/1/2025) ** 1.00% Safety Officer (All Hazard L-954 or SFT S-404) (CICCS/NWCG) (Employees hired/promoted to Battalion Chief after 1/1/2025) ** 1.00%
*Rescue Certifications - Employees who are eligible for two or more of the following certifications: Structural Collapse Specialist I, Confined Space Operational Technician and/or Specialized Rescue Technician will no longer be eligible for Urban Search and Rescue certification.
**Employees receiving pay for Fire/Arson Investigation and Safety Officer certifications under Article 23 are not eligible to receive additional pay for these certifications under the above certification program.
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ARTICLE 25 - LAYOFF PROCEDURES
25.1 THIRTY (30) CALENDAR DAYS - In the event of a material change in the duties, mission or organization of the Costa Mesa Fire Department, or if a shortage of work or funds to operate the Fire Department develops, employees in the classified service may be laid off. Thirty (30) calendar days before the effective date of such a layoff, the Fire Chief shall notify the Human Resources Director of the intended layoff, identifying any employee to be laid off and articulate the reasons, therefore. Said employee shall be considered for re-employment as provided by the Personnel Rules and Regulations.
ARTICLE 26 - LEAVES OF ABSENCE
26.1 LEAVES OF ABSENCE ENTITLEMENT- For the purpose of computing entitlement to leaves of absence, an employee's continuous service shall be based on the effective date of initial probationary employment in the City service. Such date shall be the employee's anniversary date for vacation and sick leave purposes subject to the provisions contained herein.
26.2 VACATIONS - The purpose of annual vacation leave is to enable each eligible employee annually to return to their work mentally refreshed. Any leave of absence without pay shall not accrue vacation leave for each full pay period of such absence.
A. Represented employees shall accrue an annual vacation with pay in accordance with following provisions.
B. Vacation Banks will be capped at 320 hours (448 for 56-hour shift employee)
56 Hour Work Week Vacation Accrual Rates and Max Bank Hours
Years of Service Hours/Year Max Bank Hours
1 - 2.99 128.8 257.6
3 - 4.99 162.4 324.8
5 - 9.99 196.0 392
10 - 14.99 229.6 448.0
15 - 19.99 263.2 448.0
20+ 296.8 448.0
40 Hour Work Week Vacation Accrual Rates and Max Hours
Years of Service Hours/Year Max Bank Hours
1 - 2.99 92.0 184.0
3 - 4.99 116.0 232.0
5 - 9.99 140.0 280.0
10 – 14.99 164.0 320
15 – 19.99 188.0 320
20+ 212.0 320
26.3 VACATION LEAVE - Vacation will be used in accordance with current accepted Fire Department procedures.
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26.4 VACATION CASH OUT
A. Vacation Leave Cash-Outs (40 hour employees) - Each fiscal year, employees will have the following cash-out options: 1) One eighty (80) hour cash-out any time during the fiscal year, regardless of the employee s maximum accrual and regardless of the employees Vacation Leave usage; and, 2) Up to four cash- outs per fiscal year, any time during the fiscal year (irrespective of quarter), based on a “2 for 1” usage ratio, up to a maximum of 80-hours for each cash out. For example, if an employee uses 10 hours of Vacation Leave, the employee could cash out up to 20 hours of Vacation Leave; in order for an employee to cash-out the maximum of 80-hours Vacation Leave, the employee would need to use 40 hours of Vacation Leave.
B. Vacation Leave Cash-Outs (56 hour employees ) - Each fiscal year, employees will have the following cash -out options: 1)A single one hundred twelve (112) hour cash- out any time during the fiscal year, regardless of the employees maximum accrual and regardless of the employees Vacation Leave usage; and, 2) Up to four cash- outs per fiscal year, any time during the fiscal year (irrespective of quarter), based on a “2 for 1” usage ratio, up to a maximum of 112-hours for each cash out. For example, if an employee uses 10 hours of Vacation Leave, the employee could cash out up to 20 hours of Vacation Leave; in order for an employee to cash -out the maximum of 112- hours Vacation Leave, the employee would need to use 56 hours of Vacation Leave.
C. All employees who are at the Maximum Accrual Level or who may reach the Maximum Accrual Level shall utilize the “Cash-Out” and/or “Vacation Leave” options so as to NOT exceed the Vacation Accrual Ceiling. Other than exceptions granted based upon City and/or Departmental needs as approved by the City Manager, there will no other cash-out of Vacation Leave time beyond the Maximum Accrual rates that have been established.
26.5 TERMINAL VACATION PAY - Upon termination, a CMFMA member will receive compensation at their current base rate of pay for all unused earned vacation up to and including the date of termination.
26.6 BEREAVEMENT LEAVE - Whenever an employee is compelled to be absent from duty by reason of a death or critical illness where death appears imminent of grandparent, father, mother, brother, sister, (this includes step brothers and sisters) wife, husband, or child of employee, spouse, or domestic partner such employee shall, upon approval of their department director, be entitled to charge such absence as “bereavement leave” to a maximum of three (3) consecutive work shifts per occurrence. This leave may also be used in the case of a miscarriage by a female employee and/or employee whose spouse or registered domestic partner suffers a miscarriage. This would also apply in the case of a miscarriage by a surrogate.
Any additional time that may be required must be approved by the Fire Chief (and will be approved if required by law) and will be charged first to sick leave, then the employee can choose between vacation, compensatory time off or floating holiday leave. If all such leaves are exhausted it will be charged to unpaid leave if the employee does not have accrued sick leave, vacation compensatory time off or floating holiday leave. The City Manager or designee, upon written request, may grant bereavement leave to an employee for persons in other relationships to the employee than are listed above.
26.7 LEAVE OF ABSENCE WITHOUT PAY - All paid leave must be exhausted prior to being granted leave without pay unless the employee is concurrently on a Family Care and Medical Leave or has reached the threshold for LTD eligibility. All paid leave must be exhausted prior to an employee being able to use catastrophic illness leave donations. Employees will not receive additional leave accruals while using catastrophic illness leave donations.
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ARTICLE 27 - 401(A) DEFERRED COMPENSATION PLAN
27.1 DEFERRED COMPENSATION PLAN -The 401(a) deferred compensation plan provides represented employees with another tax-deferred savings plan for future financial planning. The City will continue to provide a half of a percent (0.5%) per pay period employer contribution for all represented employees who participate in the plan. However, the City will not provide an employer contribution to the current 457 deferred compensation plan and the executive must make all 457 contributions.
ARTICLE 28 - DISABILITY DISCRIMINATION
28.1 T he City shall comply with all provisions of the Americans with Disabilities Act (“ADA”) and the California Fair Employment and Housing Act (“FEHA”).
ARTICLE 29 - DISCIPLINARY PROCEDURES - FBOR
29.1 The parties agree to adhere to all provisions of the Firefighters Procedural Bill of Rights (FBOR) as set forth in section 3250, et. seq. of the California Government Code.
ARTICLE 30 - RETURN TO WORK POLICY
30.1 PHYSICIAN RELEASE - The City has implemented through an Administrative Regulation a “Return to Work Policy” for employees who are released by their physician(s) to return to work for full duty in the manner set forth in Administrative Regulation 2.5 – Temporary Limited/Modified Duty.
ARTICLE 31 - MEET AND CONFER IN GOOD FAITH
31.1 NEW CONTRACT NEGOTIATIONS - The parties agree to meet and confer in good faith after January 2027 on wages, hours and other terms and conditions of employment to be effective on or about the first pay period in July 2027.
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REPRESENTATIVES OF THE COSTA MESA REPRESENTATIVES OF THE CITY OF
FIRE MANAGEMENT ASSOCIATION COSTA MESA
STEVEN AIREY CECILIA GALLARDO DALY
Battalion Chief Interim City Manager
TIMOTHY J. VASIN ALMA L. REYES
Battalion Chief Acting Assistant City Manager
CAROL MOLINA
Finance Director
KASAMA LEE
Human Resources Manager
FANNI ACOSTA
Human Resources Administrator
CATHLEEN SERRANO
Acting Senior Budget Analyst
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-425 Meeting Date: 9/16/2025
TITLE:
PROFESSIONAL SERVICES AGREEMENT WITH ENDEMIC ENVIRONMENTAL SERVICES INC.
FOR THE FAIRVIEW PARK MESA RESTORATION PROJECT AND ADDENDUM TO THE 1997
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR FAIRVIEW PARK DEPARTMENT: PARKS AND COMMUNITY SERVICES
PRESENTED BY: BRIAN GRUNER, PARKS AND COMMUNITY SERVICES
DIRECTOR
CONTACT INFORMATION: KELLY DALTON, FAIRVIEW PARK ADMINISTRATOR, (714) 754- 5135
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the Addendum (Attachment 2) to the 1997 Initial Study/Mitigated Negative Declaration for Fairview Park to address new information regarding biological resources pertinent to the project.
2. Award a Professional Services Agreement (PSA) with Endemic Environmental Services Inc., 110 E Wilshire Avenue, Suite 305, Fullerton, CA 92832, for professional habitat restoration and monitoring services for the Fairview Park Mesa Restoration Project in an amount not to exceed $1,311,062 for a term of seven (7) years.
3. Authorize a ten percent (10%) contingency in the amount of $131,106 for any unforeseen costs that may arise.
4. Authorize the Interim City Manager and the City Clerk to execute the Professional Services Agreement and future amendments to the agreement within City Council-authorized limits.
BACKGROUND:
Fairview Park is the City’slargest park, hosting 195 acres of natural open space area and 13 acres of developed parkland for a total of 208 acres. Within the 195 acres of open space there are Native American Nationally Registered Historic Sites, and five different habitat ecosystems which are home to a wide array of sensitive, rare and endangered plant and animal species. The park’ssignificant resources and sensitive habitat areas entail a multitude of local, state, and federal regulatory provisions for environmental resource conservation and preservation. The park also offers users multiple passive recreational opportunities, including several miles of trails for walking, running, bicycling, wildlife observation, and environmental interpretation throughout the park’s different
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ecosystems.
Fairview Park Master Plan
The Fairview Park Master Plan calls for long-term restoration of the park’s natural vegetation communities west of Placentia Avenue. The site of Fairview Park has historically been a strong candidate for conservation grants and environmental mitigation agreements with outside entities.
Since 1996, the City has completed over 50 acres of successful habitat restoration.
The Fairview Park Master Plan was last revised in 2008 and is currently in the process of being updated. The City’sMaster Plan calls for the restoration of the natural vegetation communities of the 50-acre Fairview Park Mesa to ecologically appropriate native grasses, flowers, shrubs and other plants to provide habitat for native wildlife. The Master Plan also calls for the establishment of a designated trail system to provide passive recreational opportunities throughout the park’svarious environs, while protecting sensitive features. In addition, the Fairview Park Master Plan Initial Study/Mitigated Negative Declaration (IS/MND) calls for the Fairview Park Cultural Resources sites to be restored to vegetation indigenous to the pre-contact period, as the established and restored vegetation communities function as a buffer to preserve the site from unauthorized off-trail degradation and disturbance.
The Mesa Restoration project area encompasses 15 acres of native vegetation in the northern mesa and bluffs. (See Attachment 1 for a map of the restoration area.) The project fulfills both Biological Resources and Cultural Resources mitigation measures of the original Fairview Park IS/MND and accomplishes a long-standing ecological restoration priority by restoring and enhancing over 15 acres of vegetation in the northern mesa and bluffs.
OCTA Mitigation
In addition to fulfilling long-term restoration and preservation objectives envisioned in the Fairview Park Master Plan, the Mesa Restoration project also fulfills the City’sremaining obligation to Orange County Transportation Authority (“OCTA”)and its Environmental Mitigation Program. In 2011, the City was awarded $2.0 million from OCTA towards the Fairview Park Wetlands and Riparian Habitat project (“wetlands project”) to restore various vegetation communities in Fairview Park. The City’s wetlands project is committed to restoring 23 acres of four distinct vegetation communities, which were part of OCTA’s environmental mitigation requirements associated with its Measure 2 (M2) Freeway Improvement Projects. As of its latest monitoring report for the Fairview Park Wetlands and Riparian Habitat project, the City owes OCTA an additional 9.5 acres of restoration to fulfill its contractual obligations to OCTA. These 9.5 acres of restoration in Fairview Park are also required to fulfill the requirements of wildlife agencies who oversee OCTA’sEnvironmental Mitigation Program and the OCTA M2 Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP), which includes the 23-acre Fairview Park Restoration project in its final environmental documents.
City staff have been coordinating closely with staff from OCTA, California Department of Fish and Wildlife (“CDFW”),and U.S. Fish and Wildlife Service (“USFWS”)during the preparation of the restoration plan and resource permitting discussions since 2022, in addition to presenting regular updates to the OCTA Environmental Oversight Committee on the status of the project. This coordination is a required component of this project due to the presence of state-listed and federally listed wildlife resources present at the Fairview Park site, and due to the wildlife agencies’oversight role in the OCTA Environmental Mitigation Program. The City and the awarded implementation
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role in the OCTA Environmental Mitigation Program. The City and the awarded implementation consultant will continue to coordinate closely with OCTA and the wildlife agencies throughout the implementation period (anticipated to occur from 2025 through 2032). The awarded consultant will be tasked with preparing regular monitoring reports documenting the progress and conditions of the restoration site through project completion and wildlife agency sign-off.
Upon completion, the Fairview Park Mesa Restoration project fulfills several goals and objectives of the City and the Fairview Park Master Plan, including:
· Enhancing the site’senvironmental quality and complementing the conservation value of 50+ acres of completed habitat restoration and enhancement. · Improving and enhancing the experience of residents seeking a unique place to connect with nature, engage in citizen science, and improve their mental and physical wellbeing through passive recreational opportunities.
· Improving the ecological value of the site for rare and endangered wildlife. · Fulfilling the City’s habitat restoration contractual obligations to OCTA and completing additional voluntary habitat restoration and enhancement. · Protecting, enhancing and preserving the site’sexisting biological and cultural resources, and underscoring the City’s position as a steward of Fairview Park and its environmental resources.
Addendum to the 1997 Initial Study/Mitigated Negative Declaration During the preparation of the Restoration Plan, the City’s consultant reviewed the California Environmental Quality Act (CEQA) environmental documentation on file for Fairview Park. Pursuant to Government Code Section 15162(b), if changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. Due to updated species listing designations for Crotch’s bumble bee (CBB) and Western Burrowing Owl (BUOW) under the California Endangered Species Act since the adoption of the 1997 Fairview Park Initial Study/Mitigated Negative Declaration (IS/MND), the consultant prepared an addendum to the 1997 IS/MND to address new information regarding biological resources pertinent to the project (Attachment 2). This addendum also discusses the project’s avoidance and minimization measures (AMMs) that achieve a long-term net uplift for Crotch’sbumble bee, Western Burrowing Owl, and other biological resources present at the project site. The City’s approval of the addendum is required to obtain the Restoration Management Permit from CDFW, which will authorize the City to begin implementation of the project in accordance with CDFW’s permit conditions.
In January 2024, the City contracted with an environmental planning consultant (MIG) to provide habitat restoration and monitoring design, CEQA, biological resource coordination, and archeological monitoring planning services for the project. The consultant completed the restoration design in August 2024.
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ANALYSIS:
The City’sevaluation and selection process was handled in accordance with Chapter V, Article 2 of the City’sMunicipal Code. On September 10, 2024, the City released a Request for Proposal (RFP) on PlanetBids for the Fairview Park Mesa Restoration project: Coastal Sage Scrub and Flower Fields Habitat Restoration and Monitoring Plan Implementation. Six (6) proposals were received to provide these services; a summary of the bid results is included as Attachment 4.
The City created an interdisciplinary evaluation panel consisting of staff from the Parks and Community Services Department, the Public Works Department, and an outside evaluator from OC Parks. Proposals were evaluated based on the method of approach, qualifications, firm experience, staffing and cost proposal.
After a thorough evaluation of the proposals, it was determined that interviews were needed for the top three (3) proposers, figure 1. Following the interviews held on May 5, 2025, and combining the scores of the proposal evaluations and interviews, the evaluation committee found Endemic Environmental Services Inc. to be well qualified to perform the requested services.
Figure 1
Proposer Points Rank
Endemic 1,161.1 1st
Dudek 1,132.65 2nd
RECON 1,111.25 3rd
During the evaluation, Endemic Environmental Services Inc. presented their firm as possessing a thorough understanding of the project and demonstrated extensive experience and technical ability to perform the outlined scope of work in the RFP. Endemic has supported the City with biological resources management and monitoring, and restoration services since 2009, and has coordinated with the City on multiple restoration projects in the past involving biological resources and cultural resources protection. Endemic’sexpertise in wildlife biology, biological monitoring, and environmental compliance will be a critical asset to the successful execution of this project, given the highly sensitive nature of the site. In addition, Endemic’s thorough understanding of the site’s existing resources will be of great value to the project, as the restoration’s success will rely on precise implementation and adaptive management to avoid impacts to sensitive resources during the implementation process. In addition to successful performance under its contractual scope, Endemic has also contributed to public conservation activities at Fairview Park and Canyon Park over the years. Endemic and its non-profit branch ICRE (Institute for Conservation Research and Education), have a rich history of providing nature tours, community-based restoration activities, and other programs to engage community residents in local environmental stewardship activities.
Therefore, staff recommends award of a PSA to Endemic Environmental Services Inc. (Attachment 3) in an amount not to exceed (NTE) $1,311,062 for a period of seven (7) years.
Cultural Resource Protection and Preservation
Most of Fairview Park’s undeveloped land contains sensitive resources, including protected archeological resources (e.g., the Fairview Park indigenous village area, including CA-ORA-58, a nationally registered cultural resource historic site), sensitive vegetation communities, and protected
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nationally registered cultural resource historic site), sensitive vegetation communities, and protected wildlife. The Mesa Restoration Project will benefit native plant and wildlife populations by restoring native flower fields and coastal sage scrub habitats, and the establishment of native plant cover will help to protect culturally significant resources by reclaiming informal trails and reducing soil disturbance.
Disturbance to existing native vegetation/wildlife habitat, and cultural resources will be minimal during project implementation. The Mesa Restoration Project will implement avoidance and minimization measures to protect sensitive biological resources through biological monitoring, activity buffers, and adjusting the timing of restoration activities.
Avoiding impacts to culturally significant materials is more complicated and therefore-following the guidelines of a separate cultural resource monitoring plan developed by the City’scultural resources consultant-areas discovered to have artifacts or culturally significant materials at or near the surface will be buffered and excluded from restoration project activities until the appropriate actions can be taken. To provide leeway for this possibility, which could delay or disrupt the overall habitat restoration project, the City has identified a total of 11.91 acres suitable for restoration, so that up to
2.41 acres can be temporarily set aside while still providing the outstanding 9.5 acres of mitigation in a timely manner.
Implementation Tasks and Timeline
Due to the environmental factors of the site, the size and scale of the project, and the intensive long- term effort involved with restoring degraded vegetation communities to their ecologically appropriate habitat conditions, the implementation process for this restoration is anticipated to take place over an eight-year timeline from 2025 through 2032. The project will consist of an initial site preparation and active restoration phase early in the project, followed by several years of regular maintenance and monitoring to evaluate progress and implement corrective actions during the establishment period.
The implementation schedule consists of the following primary activities and tasks to be performed over the duration of the project:
· Site Protection, Initial Dethatch, Cultural Resources Protection Monitoring, and Temporary Irrigation
· Native Revegetation Buffer (Area 4) and Drainages in Area 1 Container Planting, Irrigation, and Maintenance
· Weed Management Buffer (Area 5) Weed Maintenance
· Pre-Seed Installation Adaptive Weed Management
· Native Seed Collection and Installation
· Maintenance After Seed Collection
· Biological Monitoring and Reporting
Upon completion of the project and prior to signing-off, the City is required to place a conservation easement, deed restriction, or other Wildlife Agencies-approved conservation mechanism over the project site specifying that the area will be retained in perpetuity as open space for the purpose of native habitat conservation. Upon completion, the Mesa Restoration project will fulfill the City’s
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native habitat conservation. Upon completion, the Mesa Restoration project will fulfill the City’s remaining obligation to the OCTA and its Environmental Mitigation Program.
ALTERNATIVES:
Staff do not recommend any alternatives at this time.
FISCAL REVIEW:
The funding for the proposed agreement, inclusive of the contingency, is available in the State Grants Fund (Fund 231) from the California Department of Parks and Recreation through the Office of Congressman Dave Min.
LEGAL REVIEW:
The City Attorney’soffice has prepared and approved the Professional Services Agreement as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goal:
· Advance Environmental Sustainability and Climate Resiliency CONCLUSION:
Staff recommends the City Council:
1. Approve the Addendum (Attachment 2) to the 1997 Initial Study/Mitigated Negative Declaration for Fairview Park to address new information regarding biological resources pertinent to the project.
2. Award a Professional Services Agreement (PSA) with Endemic Environmental Services Inc., 110 E Wilshire Avenue, Suite 305, Fullerton, CA 92832, for professional habitat restoration and monitoring services for the Fairview Park Mesa Restoration Project in an amount not to exceed $1,311,062 for a term of seven (7) years.
3. Authorize a ten percent (10%) contingency in the amount of $131,106 for any unforeseen costs that may arise.
4. Authorize the City Manager and the City Clerk to execute the Professional Services Agreement and future amendments to the agreement within City Council-authorized limits.
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Figure 1-3 Location of the CSS & Flower Fields Habitat Restoration Project Areas, Including a Net of 9.5 Acres in Areas 1 and 2 Required for the OCTA Wetlands and Riparian Habitat Project.
ATTACHMENT 1
Fairview Park CSS and Flower Fields HRMP
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Fairview Park Master Plan IS/MND (1997)
Addendum to the File
Fairview Park Mesa Restoration: Coastal Sage Scrub and Flower Fields Habitat Restoration and Project – Crotch’s Bumble Bee and Western Burrowing Owl
A
n initial study/mitigated negative declaration (IS/MND) was prepared for the originally proposed Fairview Park Master Plan (FPMP) in 1997. Pursuant to California Regs. Tit. 14, §15162(b), if changes to a project or its circumstances occur or new information become available after adoption of a negative declaration, the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation.
As the lead agency, the City of Costa Mesa determined, based on the habitat restoration plan for the project and guidance from the California Department of Fish and Wildlife, an addendum to the originally adopted IS/MND should be prepared. This Addendum to the IS/MND addresses new information pertaining to the Crotch’s bumble bee (CBB, Bombus crotchii) and Western Burrowing Owl (BUOW, Athene cunicularia hypugaea), both candidate species for listing under the California Endangered Species Act (CESA). Pursuant to this Addendum also discusses the project’s avoidance and minimization measures (AMMs) that achieve a long-term net uplift for CBB, BUOW present at the project site.
The FPMP was the subject of an IS/MND adopted by the City of Costa Mesa in 1997. In that document the City determined that the master plan for the 208-acre park is mostly passive with habitat restoration, trails, picnic areas, new parking west of Placentia Avenue, and an expanded model train station and museum area, trails, and picnic areas on the east side.
The IS/MND identifies that the park contains sensitive natural resources as identified in the FPMP. At the time, the list of species of concern did not include CBB, or the fact that BUOW is a candidate for listing under CESA, because the CBB was not a species of concern in 1997, and BUOW was recently listed. The 1997 FPMP includes a discussion of BUOW, which is updated here due to its recent change in listing status.
This Addendum provides a description of the species, the benefits of the project, and the measures to be included in the FPMP activities, including the Coastal Sage Scrub and Flower Fields Habitat Restoration Project to protect the species during restoration actions.
ATTACHMENT 2
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Fairview Park IS/MND – Addendum to the File for Crotch’s Bumble Bee and Burrowing Owl
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1997 IS/MND Assessment Regarding Impacts to Biological Resources. The IS/MND found that the FPMP was designed with sensitive resources in mind and that no significant adverse impacts are associated with the master plan if the following mitigation measures, which are recommended in the master plan, are kept a part of the project:
B-1. Any habitat restoration activities shall be carefully planned and implemented according to the Fairview Park Master Plan and in consultation with a biologist familiar with the park's native plant and animal communities.
B-2. To avoid potential impacts to sensitive species present or potentially present in the alluvial scrub community depicted on the FPMP, weed control activities (e.g., disking) shall be terminated until a resource management plan has been undertaken.
B-3. Upon approval of the Fairview Park Master Plan, the City shall review current management practices (e.g., weed control, vector control; mowing within vernal pools) to avoid potential impacts to biological resources identified in the master plan as being highly or moderately sensitive.
B-4. Development of the park west of Placentia Avenue including trenching for utilities, shall minimize impacts to highly or moderately sensitive resources, retain the natural topography to the extent feasible, and use only locally native plants in restoration and in other landscaping where appropriate. Activities on this side of the park shall be consistent with the NCCP Implementation Agreement if signed by the City of Costa Mesa.
Updated Species Information
Crotch’s Bumble Bee
The Crotch’s bumble bee (CBB, Bombus crotchii) is a candidate for listing under CESA.
The CBB occurs in grassland and scrub habitats containing nesting and/or overwintering habitat, and abundant floral resources that provide nectar and pollen during the active flight period (early-February to late-October). The species nests underground in abandoned holes created by small mammals (e.g., ground squirrels, mice, and rats), or occasionally in bird nests, but may also nest under logs and other woody debris; above ground under perennial bunch grasses, brush piles, and thatched annual grasses, and in dead trees or hollow logs (Williams et al. 2014, Xerces Society 2018). Overwintering habitat is largely unknown, but bumble bees have been documented overwintering in burrows of other animals, and in shallow excavations in soft soil, leaf litter, and other debris such as compost piles (Goulson 2010, Williams et al. 2014). Colonies are annual and only newly mated bumble bee queens overwinter 600
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(Thorp et al. 1983). In early spring, queens emerge from their overwintering site to forage on nectar and pollen, and search for suitable nest sites. In general, bumble bee colonies can support anywhere from 50 to 1,000 female workers, as well as males and the queen (Xerces Society 2018).
Based on recent focused surveys, nesting habitat and overwintering habitat are present on the Fairview Park restoration site, and CBB has been observed foraging on-site on native and non-native floral species including native phacelia (Phacelia spp.) and salvia species (Salvia spp.), and non-native black mustard (Brassica nigra; synonyms are Rhamphospermum nigrum, Mutarda nigra, and Sinapis nigra) (Endemic Environmental Services 2024).
Burrowing Owl
The burrowing owl (BUOW, Athene cunicularia) is a candidate for listing under CESA and a California species of special concern. The burrowing owl nests and roosts in open grasslands and open habitats with suitable burrows, usually those made by California ground squirrels (Otospermophilus beecheyi). BUOW use abandoned ground squirrel burrows for shelter and nesting. The breeding season in California is March to August (Shuford et al. 2008). Burrowing owls are not known to nest at Fairview Park; but are known to occupy the Park in the winter.
Proposed Habitat Restoration Project
The Fairview Park Coastal Sage Scrub and Flower Fields Habitat Restoration and Enhancement Project (Project) is a collaborative effort between the City of Costa Mesa (City) and the Orange County Transportation Authority (OCTA) to fulfill an outstanding obligation of restoring approximately 4.5 acres of coastal sage scrub and 5.0 acres of native grassland habitat. In January 2024, the City contracted with MIG (consultant) to prepare a habitat restoration plan for the Project, which was prepared by their subconsultant, Land IQ (2024). The Project is intended, in part, to fulfill outstanding mitigation commitments to OCTA for a total of 23 acres of restoration consisting of various habitat communities in the wetlands and riparian habitat restoration area. As of November 2024, the City has completed 13.5 acres of habitat restoration towards its 23- acre commitment. The Project was designed to accomplish an additional 11.9 acres of habitat restoration, with 9.5 of these acres being in credit to the OCTA Environmental Mitigation Program. In addition, the Project will implement voluntary habitat restoration and enhancement initiatives to augment the conservation value of the site. These measures will not only contribute to the overall success of the Project but also help fulfill the long-term conservation and preservation commitments outlined in the City's adopted FPMP.
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Habitat Restoration Project Beneficial Ecological Uplift for CESA-Protected Species
Crotch’s Bumble Bee
The Project will improve many environmental factors affecting CESA-protected species, thereby providing ecological uplift. Like all bumble bees, Crotch’s bumble bee requires foraging habitat, a place to nest, and a place to overwinter (Hatfield et al. 2012). For CBB, the Project will improve the ability of the site to support all the needs of the bumble bee.
First, the Project will increase the diversity of native flowering species. Increased plant diversity is positively correlated with bumble bee abundance (Mand et al. 2002, Hines and Hendrix 2005) and has been shown to reduce competition for nectar sources with other species that may be better adapted to pollinate one species versus another (Balfour et al. 2021).
Second, the increased plant diversity will also extend the native flower blooming period to encompass the entire CBB flight season, providing critical floral resources (nectar and pollen) during the queen flight season (February to March) as queens emerge from a state of diapause (i.e., a form of hibernation), during the colony active period (April to August), and during the gyne flight season (September to October) when newly-mated queens are building fat reserves to prepare for winter hibernation. The life cycle of CBB begins when queen bees emerge from hibernation each spring (queen flight season), playing a critical role in maintaining the colony's continuity. For the colony's survival and successful reproduction, the availability of sufficient floral resources is essential during the entire flight season. For instance, newly mated queens must build fat reserves before hibernation (gyne flight season) to ensure the emergence of a new generation the following spring (CDFW 2023).
The plant palette for the Project reflects current understanding about the plant species commonly visited by CBB (Exhibit A). For example, of the 14 plant families that are represented in the plant palette, six families are the most commonly visited by CBB, including Apocynaceae, Asteraceae, Boraginaceae, Fabaceae, Hydrophyllaceae, and Lamiaceae (The Xerces Society 2018); and of these families, 24 plant species are represented. Likewise, the palette includes narrow leaf milkweed (Asclepias fascicularis), which is an important nectar source for males, and lupines (Lupinus spp.), which is an important pollen and nectar source for females (CBBA 2025). The pallete also includes plants in the genera Salvia, Acmispon, and Phacelia, which have also been shown to be important for the species (CBBA 2025).
Third, the Project will improve and increase nesting and overwintering habitat resources on the site by planting native bunch grasses, which are known to provide bumble bee 602
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nest habitat and the increased diversity of plants is expected to attract a greater abundance of small mammals to the area.
Burrowing Owl
The Project will also have benefits for the BUOW. The removal of the tall-stature non- native species (e.g., mustards, thistles, fennel) and replacement with shorter-statured native species will be beneficial for owls because it will provide more visibility to watch for approaching predators and more easily hunt for prey (CDFW 2024). The diversity of plant food resources and shorter-stature vegetation will also attract California ground squirrels, which are a keystone species in California grassland habitats, upon which BUOW are highly dependent for their burrows. The diversity of plants will provide more diverse food resources that California ground squirrels consume including seeds, fruits, stems, and leaves, and the shorter stature vegetation will provide good visibility of predators. Additionally, the diversity of plants will provide a nearly year-round source of food for BUOW prey species, including in the winter when owls have been observed as present. The increased structural diversity of native shrub and herb life forms will also attract a wider variety of prey species such as insects and small lizards (Curran 2022, Owen et al. 2024).
Avoidance and Minimization Measures for Crotch’s
Bumble Bee and Burrowing Owl
AMM-1. Qualified Biologist. The City shall ensure that the Qualified Biologist(s) are knowledgeable and experienced in the biology, natural history, and habitat requirements of CBB, including co-occurring bumble bee species, and/or BUOW, with at least two season of experience.
AMM-2. Qualified Biologist Authority. The Qualified Biologist shall immediately stop any activity that does not comply with the AMMs or order any reasonable additional protection measures, in consultation with the City and CDFW, to avoid the unauthorized take of CESA-protected species. The City shall provide unfettered access to the Project Area and otherwise facilitate the Qualified Biologist in the performance of their duties. If the Qualified Biologist is unable to comply with these measures, then they shall notify the City and CDFW immediately.
AMM-3. Education Program. The City shall conduct an education program for all persons employed or otherwise working in the Project Area before performing any work.
The program shall consist of a presentation from the Qualified Biologist reviewing the sensitive species/resources that could potentially occur in work areas, including but not limited to CBB and BUOW. The program shall include a general discussion of the life history, field identification, habitat requirements, and the legal status for each species. 603
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The Qualified Biologist shall also explain the relevant AMMs as they relate to sensitive biological resources on/around the Project Area and disclose the specific resources that will be monitored. The City shall provide interpretation for non-English speaking workers, and the same instruction shall be provided to any new individuals before they are authorized to perform work in the Project Area. Upon completion of the program, they shall sign a form stating they attended the program and understand all protection measures. This training shall be repeated at least once annually for long-term and/or permanent employees that will be conducting work in the Project Area.
Avoidance and Minimization Measures for Crotch’s Bumble Bee Based on the confirmed presence of CBB on the site, initial dethatching activities and ongoing weed maintenance activities have the potential to destroy active nests and overwintering queens, and result in the temporary loss of foraging habitat. Recognizing that complete avoidance of take is likely not possible, especially in the fall and winter months when overwintering bumble bee queens are undetectable, the following measures will be implemented to minimize Project impacts to CBB and their habitat.
AMM-4. Pre-work Surveys. Pre-work surveys for CBB shall be conducted during the queen flight season, colony active period, and gyne flight season (cumulatively, February 1 through October 31) for various habitat restoration activities with different impact potential. If CBB are found to be present, the Qualified Biologist shall attempt to determine if there is an active nest in the Project Area that necessitates the establishment of a protective avoidance nest buffer.
a. Minimal to No Impact Activities. One pre-work survey shall be conducted when the potential to impact CBB or their habitat is minimal to none. These habitat restoration activities include (i) hand weed control techniques when the weeding event is timed to occur prior to predominantly synchronous flowering (i.e., individual plants in a population may flower earlier but typically most of the plants in a population flower in the same time period) of known CBB floral resources, or (ii) the targeted foliar application of grass-specific herbicides that are approved for use in the habitat restoration plan. Hand weed control techniques include hand-pulling of individual plants and the use of hand picks for cutting weeds at or above the soil surface.
b. Ground Disturbance or Flowering Food Source Removal Activities. Two pre-work surveys shall be conducted prior to Project activities involving ground disturbance (e.g., digging out perennial plants to remove the root system for effective control), the use of motorized mechanical equipment (e.g., line trimmers), the use of vehicles or mechanical tracked equipment, the use of herbicides applied according to a CDFW approved Pesticide Use Plan developed for the Project, or 604
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control of weeds that are in predominantly synchronous flowering that are known CBB floral resources.
c. Survey Guidelines. Surveys shall focus on areas with blooming native and nonnative nectar and pollen sources, including a 50-foot buffer around the work area. Conduct surveys between 8:00 am and 4:00 pm on sunny days with temperatures ranging from 55 to 90°F and wind speeds below 10 mph. Conduct presence/absence detection surveys for a minimum of 1 person-hour for each 3 acres of suitable habitat. For one pre-work survey requirements, conduct surveys no more than 2 days before starting work activities. For two pre-work survey requirements, conduct surveys no more than 10 days before work begins, at least 4 days apart, and with the second survey no more than 2 days before starting work activities.
d. Alternative Monitoring Method for Unfavorable Weather Conditions. The incidence of coastal fog and high prevailing on-shore wind speeds at Fairview Park, can, at times, limit the ability of the Qualified Biologist to complete surveys according to the guidelines before scheduled weed management activities. If weather conditions hinder surveys before Project activities, the Qualified Biologist shall monitor work on the first day of Project activities to detect CBB and nests.
This alternative monitoring approach aims to facilitate timely weed control while protecting CBB and their habitat. If CBB is detected while monitoring, the Qualified Biologist shall make every effort to detect a nest in the work area and establish a protective avoidance buffer around the nest. The Qualified Biologist has authority to recommend additional monitoring of Project activities when a survey was unable to be completed prior to start of work. The Qualified Biologist shall collaborate with the Project implementation team to determine optimal timing for maintenance weeding based on CBB activity and relevant AMMs. e. Locating Nests. If CBB are detected during pre-work surveys or monitoring, then the Qualified Biologist shall make every effort to locate nests in the Project Area. f. Nest Buffer. If active CBB nests are detected, the Qualified Biologist shall establish protective avoidance buffers around the nest(s). The buffer shall ensure protection of any existing floral resources around the nest and observed flight corridors as determined by the Qualified Biologist. At a minimum, the buffer should provide at least (i) 50 feet of clearance around nest entrances for hand weed control techniques with non-motorized hand tools, or for the targeted foliar application of grass-specific herbicides that are approved for use in the habitat restoration plan, and (ii) 100 feet of clearance around nest entrances for habitat restoration activities that involve motorized tools, ground disturbance, the use of 605
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vehicles or mechanical tracked equipment, or the use of herbicides applied according to a CDFW approved Pesticide Use Plan. The protective avoidance nest buffer may be adjusted as determined by the Qualified Biologist depending on the locations of the floral resources and flight corridors and using the most current and commonly accepted science and published guidance. Work shall not occur within the protective avoidance nest buffers until the colony is no longer active (i.e., no bees are seen flying in or out of the nest for three consecutive days), as determined by the Qualified Biologist. Restoration activities may occur within the 50 to 100-ft nest buffer only if actively monitored by the Qualified Biologist. The Qualified Biologist will observe and assess the behavior of the CBB, including the frequency of entering and exiting the nest, both before and during work. If CBB exhibits significant changes in behavior indicating stress or avoidance during work, then the Qualified Biologist shall stop all work within the buffer zone and consult with CDFW on how to proceed.
g. Reporting. All survey and monitoring findings shall be included in the annual performance monitoring reports for the Project.
AMM-5. Timing of Weed Control. To avoid potential impacts to CBB, weed control shall be timed prior to flowering of weed species that are potential food sources during project weed management activities to the extent possible. And after at least two full years of site preparation and the installation of the native seed mix in a restoration area has occurred per the habitat restoration plan (Land IQ 2024), weeding shall be done primarily by hand pulling or cutting and be timed to occur prior to flowering of the species to be weeded, when feasible.
AMM-6. Use of Grass-Specific Herbicide. The use of post-emergent, grass-specific, bee safe herbicides identified in the habitat restoration plan (Land IQ 2024) are allowed to control nonnative grasses during the site preparation phase (i.e., consistent weed management following the grow-and-kill techniques prior to installation of the native seed mix). Pre-emergent herbicides are not allowed because they may also impact newly germinated native species, hindering natural recruitment or seed mix establishment. This selective approach ensures that herbicides target only intended nonnative grass species while preserving non-target plants, minimizing potential harm to CBB, and safeguarding other pollinator species. Additionally, this approach avoids adverse impacts on plants that offer floral resources to CBB. Only one grass-specific herbicide is allowed, active ingredient fluazifop-p-butyl (e.g., Fusilade®) for foliar applications, following label-recommended rates, to treat nonnative grasses. This herbicide is listed as Green Level III on the University of California's Division of Agriculture and Natural Resources statewide Integrated Pest Management (UC IPM) database, indicating minimal toxicity to bees and requiring no bee-related precautions 606
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(UC IPM database; accessed on January 14, 2025). The residual life of herbicides in soil varies by product and can persist from several months to several years before breaking down into inert compounds. Fluazifop-p-butyl exhibits no soil activity (DiTomaso et al. 2013). Other herbicides for nonnative broadleaf weeds (e.g., thistles and mustards) may be controlled according to a CDFW approved Pesticide Use Plan.
AMM-7. Pesticide Use Plan. The grass-specific herbicide, active ingredient fluazifop-p- butyl, is approved for use during the site preparation phase of the Project prior to installation of the native seed mix. If alternative herbicide products are recommended for weed control during the site preparation phase, the City shall submit a “Pesticide Use Plan to Avoid and Minimize Impacts to Crotch's Bumble Bee” (Pesticide Use Plan) to CDFW for approval before use within the Project area. The Pesticide Use Plan will outline best management practices to avoid and minimize negative impacts to CBB and their habitat, following guidance provided by the Xerces Society, the California Department of Pesticide Regulation, and the UC IPM practices to protect bees.
Chemicals known to be toxic to bees shall be avoided (e.g., glyphosate), and applications will be conducted outside the flowering periods of known CBB floral resources and CBB active periods (February 1 through October 31) as much as possible. The Pesticide Use Plan shall include a requirement for the City to maintain records of herbicide applications, including invasive plant species treated, location and area treated, products used, application rate, application volume, and application method.
AMM-8. Insecticide and Soil Fumigant Restriction. The use of insecticides or soil fumigants are prohibited in Fairview Park to avoid the harm caused to non-target wildlife, including CBB. Only insecticides or soil fumigants approved for use in writing by CDFW, with minimal impact on non-target wildlife, may be used.
Avoidance and Minimization Measures for Burrowing Owl
BUOW are not known to nest at Fairview Park; therefore, no impacts to active nests of this species are anticipated. Per Species Protection Measure BIO-11 in the Habitat Restoration Plan, pre-work breeding/nesting bird surveys will be conducted by a Qualified Biologist during the bird nesting season (February 15 to August 31). In the unlikely event that nesting BUOW are discovered, the City shall immediately notify and consult with CDFW and adhere to recommendations for active nest buffers as specified by CDFW, and follow Measure BIO-12, Work Restrictions Near Active Nests, to ensure their protection.
For any overwintering BUOW that may be affected by Project activities near occupied winter burrows, the following Avoidance and Minimization Measures (AMMs) will be put in place to prevent potential impacts.
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AMM-9. Pre-work Surveys. To avoid disturbance to BUOW during their non-breeding season, the following pre-work survey and avoidance measures shall be implemented from October 1 to March 31.
a. Survey Guidelines. Two pre-work surveys shall be conducted by the Qualified Biologist within 14 days before work begins, at least 4 days apart, and with the second survey no more than 2 days prior to starting work activities. Surveys shall cover all work areas containing suitable BUOW habitat. In the event of a delay in Project activities leaving the site undisturbed for over 14 days, pre-work surveys must be repeated to confirm that BUOW have not established themselves in the Project Area. If pre-work surveys indicate BUOW absence, Project activities may proceed without additional measures.
b. Burrow Buffer. Upon BUOW detection, a protective avoidance buffer shall be established around their burrow in consultation with CDFW: 100 feet for low disturbance activities (e.g., hand tool use) or 300 feet for high disturbance activities (e.g., heavy equipment operation). Once the Qualified Biologist has confirmed that the BUOW has left the burrow for the season, then Project activities within the buffer area may resume.
c. Monitoring. Once the buffer is established, the Qualified Biologist will monitor Project activities occurring near the avoidance buffer for signs of adverse effects, including distress/disturbance, as needed. If adverse effects are detected, the Qualified Biologist will have the authority to stop any activity per AMM-2. d. Reporting. All survey and monitoring findings shall be included in the annual performance monitoring reports for the Project.
AMM-10. Rodenticide Restriction. The use of rodenticides is prohibited in Fairview Park to avoid the harm caused to non-target wildlife, including BUOW. Only rodenticides approved for use in writing by CDFW, with minimal impact on non-target wildlife, may be used.
Conclusion
The measures included in the IS/MND, as further elucidated in this addendum, will minimize impacts to CBB and BUOW, and no significant impacts to these species are expected as a result of the implementation of the proposed Coastal Sage Scrub and Flower Fields Habitat Restoration Project, which will ultimately provide ecological uplift to habitat for these species in Fairview Park.
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References
Balfour, N.J., K. Shackleton, N.A. Arscott, K. Roll-Baldwin, A. Bracuti, G. Toselli, F.L.W.
Ratnieks. 2021. Energetic efficiency of foraging mediates bee niche partitioning.
Ecology 102(4).[CBBA] California Bumble Bee Atlas. 2025. Results 2022-2023.
Accessed January 2025 from https://www.cabumblebeeatlas.org/project- highlights-2023.html
[CDFW] California Department of Fish and Wildlife. 2019. Evaluation of the petition from the Xerces Society, Defenders of wildlife, and the Center for Food Safety to list four species of bumble bees as endangered under the California Endangered Species Act.
[CDFW] California Department of Fish and Wildlife. 2023. CDFW Survey Considerations for California Endangered Species Act (CESA) Candidate Bumble Bee Species.
Published June 6, 2023.
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=213150&inline [CDFW] California Department of Fish and Wildlife. 2024. Petition Evaluation for Western Burrowing Owl (Athene cunicularia hypugaea). Report to the Fish and Game Commission. California Department of Fish and Wildlife, P.O. Box 944209, Sacramento CA 94244-2090. 19 pp.
Curran, M.F., J.R. Sorenson, Z.A. Craft, T.M. Crow, T.J. Robinson, amd P.D. Stahl. 2022. Early seral vegetation communities increase insect abundance and diversity in a semiarid natural gas field during early and late growing season.
Accessed January 2025 from https://doi.org/10.1101/2022.06.28.494893 DiTomaso, J.M. G.B. Kyser, et al. 2013. Weed Control in natural areas in the Western United States. University of California Weed Research and Information Center, University of California Davis. 544 pp.
Endemic Environmental Services. 2024. Crotch’s Bumble Bee Photo-Only Survey Report for the Fairview Park Wetland and Riparian Habitat Project – Phase 2 Project Located in the City of Costa Mesa, California.
Goulson, D. 2010. Bumblebees: Behavior, Ecology, and Conservation. Oxford University Press, Oxford, UK.
Hatfield, R., S. Jepsen, E. Mader, S.H. Black, and M. Shepherd. 2012. Conserving Bumble Bees. Guidelines for Creating and Managing Habitat for America’s Declining Pollinators. 32 pp. Portland, OR: The Xerces Society for Invertebrate Conservation.
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Hines, H.M., and S.D. Hendrix. 2005. Bumble Bee (Hymenoptera: Apidae) Diversity and Abundance in Tallgrass Prairie Patches: Effect of Local and Landscape Floral Resources. Environmental Entomology 34(6): 1477-1484.
Land IQ. 2024. Fairview Park Coastal Sage Scrub and Flower Fields Habitat Restoration and Monitoring Plan. Prepared for the City of Costa Mesa. July 23, 2024.
Mänd, M., R. Mänd, and I.H. Williams. 2002. Bumblebees in the Agricultural landscape of Estonia. Agriculture Ecosystems & Environment. 89:69-76.
Owen, E. M. Zuliani, M. Goldgisser, and C.J. Lortie. 2024. The Importance of Native Shrubs on the Distribution and Diversity of Reptiles and Amphibians in the Central Drylands of Southwestern USA. Accessed January 2025 at https://doi.org/10.1007/s10531-024-02851-8
Shuford, W. D., and Gardali, T., editors. 2008. California Bird Species of Special Concern: A ranked assessment of species, subspecies, and distinct populations of birds of immediate conservation concern in California. Studies of Western Birds 1. Western Field Ornithologists, Camarillo, California, and California Department of Fish and Game, Sacramento.
Thorp, R. W., D. S., Horning Jr., and L. L. Dunning. 1983. Bumble Bees and Cuckoo Bumble Bees of California (Hymenoptera: Apidae) In Bulletin of The California Insect Survey. Volume 23.
The Xerces Society. 2018. A petition to the state of California fish and Game Commission to list the crotch bumble bee (Bombus crotchii), Franklin’s bumble bee (Bombus franklini), Suckley cuckoo bumble bee (Bombus suckleyi), and western bumble bee (Bombus occidentalis occidentalis) as Endangered under the California Endangered Species Act.
Williams, P. H., Thorp, R. W., Richardson, L. L., & Colla, S. R. (2014). The bumble bees of North America: An identification guide. Princeton University Press.
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CITY OF COSTA MESA
PROFESSIONAL SERVICES AGR
EEMENT
WITH ENDEMIC ENVIRONMENTAL SERVICES, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 1st day of July 2025 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and
ENDEMIC ENVIRONMENTAL SERVICES, INC., a California
Corporation (“Consultant”).
RECITALS
A. City propos
es to utilize the services of Consultant as an independent contractor to perform coastal sage and flower fields habitat restoration and monitoring plan implementation for the Fairview Park Mesa Restoration Project, as more fully described herein; and B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
C. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official o r em ployee of City ha s a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in c onsideration of the m utual c ovenants and c onditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in City’s Request for Proposals, attached hereto as Exhibit “A,” and Consultant’s Proposal, attached hereto as Exhibit “B,” both incorporated herein.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement.
1.3. Performance to Satisfaction of City . Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality
of the work and resolve the
matters of concern;
ATTACHMENT 3
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(b) Require Consultant to repeat the
work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter
set forth.
1.4. Warranty. Consultant warrants that
it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws , including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.
1.5. Non-Discriminati
on. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, e xcept as permitted pursuant to s ection 12940 of the Government Code.
1.6. Non-Exclusive A
greement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assign
ment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense.
1.8. Confidentiality. Employ
ees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BI
LLING
2.1. Compensation. Consultant
shall be paid in accordance with the fee schedule set
forth in Exhibit “C,” attached hereto and made a part of this Agreement. Consultant’s total compensation shall not exceed One Million Three Hundred Eleven Thousand Sixty -Two Dollars ($1,311,062.00).
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2.2. Additional Services
. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City Manager or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consul
tant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits.
Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.
3.0. TIME OF PERF
ORMANCE
3.1. Commencement and Completi
on of Work. Unless otherwise agreed to in writing
by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule (Work Breakdown) approved by City as set forth on pages 10-11 of Exhibit “B,” attached hereto and incorporated herein. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays .
Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics (excluding COVID-19), material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to 613
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the other except for those rights and liabilities that accrued prior to the date of termination.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of eighty-four (84) months, ending on June 30, 2032, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termi
nation. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City’s sole risk and without liability or legal expense to Consultant.
5.0. INSURAN
CE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent A.M. Best’s Rating Guide, and approved by City:
(a) Commercial general li
ability, including premises-operations,
products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate. (b) Business automobile l
iability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.
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(c) Workers’ com
pensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
(d) Professional error
s and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
5.2. Endorsements. The commer
cial general liability insurance policy and business
automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds
: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”
(b) Notice: “Said pol
icy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “The
Consultant’s insurance coverage shall be primary
insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the ins urance provided by this policy.”
(d) Any failure to c
omply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.
(e) The Consultant’s ins
urance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5.3. Deductible or S
elf-Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to 615
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which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of
Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.
5.5. Non-Limiting. Nothing
in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISI
ONS
6.1. Entire Agreement. Thi
s Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The C ity
Manager or his or her designee shall be the
representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall desi
gnate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers.
City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement.
Consultant shall desi
gnate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notice
s, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Endemic Environmental Svs, Inc.
110 East Wilshire Avenue, #305
Fullerton, CA 92832
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (714) 869-6687 Tel: (714) 754-5135
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Attn: Barry Nerhus, CEO Attn: Kelly Dalton
Courtesy copy to:
City of Costa Mesa
77 Fair
Drive
Costa Mesa, CA 92626
Attn: Finance Dept. | Purchasing
6.5. Drug-Free Workplace P
olicy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City’s Council Policy 100-5, attached hereto as Exhibit “D” and incorporated herein. Consultant’s failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.
6.6. Attorneys’ Fees . If li
tigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.7. Governing Law. This
Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.
6.8. Assignment. Consul
tant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant’ s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City ’s consent, no subletting or assignment shall release Consultant of Consultant’s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.9. Indemnification and Hold Har
mless. Consultant agrees to defend, indemnify,
hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the negligent performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the negligence of the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise 617
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asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
6.10. Independent Contractor . Consultan
t is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.11 Conflicts with Independent Contr
actor. Contractor/consultant’s duties and services
under this Agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering into this Agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor/consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this Agreement.
6.12. PERS El
igibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other
agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, 618
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including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.13. Cooperation. In the ev
ent any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.14. Ownership of D
ocuments. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City once payment has been received by Consultant. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.
6.15. Public Reco
rds Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code s ection 7920.000 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.16. Conflict of Inter
est. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code sections 81000, et seq.) and Government Code s ection 1090.
During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.17. Responsibility
for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design 619
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drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.18. Prohibited Empl
oyment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.19. Order of Precedence
. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail . If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
6.20. Costs. Each party
shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.21. Binding Effect.
This Agreement binds and benefits the parties and their respective permitted successors and assigns.
6.22. No Third Par
ty Beneficiary Rights . This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.23. Headings. Paragraphs
and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.24. Construction
. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.25. Amendments. Only a
writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.26. Waiver. The delay
or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 620
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6.27. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party , is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.28. Counterparts. This
Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.29. Corporate Authority .
The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
[Signatures appear on following pag
e.]
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IN WITNESS WHEREOF, the parties hereto have c aused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CONSULTANT
Date: __________________________
Date: __________________________
Date: __________________________
Date: __________________________
__________________________________
Signature
__________________________________
Barry Nerhus, CEO & Principal Ecologist
CITY OF COSTA MESA
__________________________________
Cecilia Gallardo-Daly
Interim City M
anager
ATTEST:
__________________________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________
Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________
Ruth Wang
Risk Management
Rev. 2-2024
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APPROVED AS TO CONTENT:
__________________________________ Date: __________________________ Kelly Dalton
Pr
oject Manager
DEPARTMENTAL APPR
OVAL:
__________________________________ Date: __________________________ Brian Gruner
Parks and Community Services Director
APPROVED AS TO PURCHASING:
__________________________________ Date: __________________________ Carol Molina
Fi
nance Director
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EXHIBIT A
REQUEST FOR PRO
POSALS
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to this RFP other than through or approved by City’s Purchasing Department is unauthorized and will be considered invalid.
If clarification or interpretation of this solicitation is considered necessary by City, a written addendum shall be issued and the information will be posted on PlanetBids. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the City’s Purchasing Department. It is the responsibility of each Proposer to periodically check PlanetBids website to ensure that it has received and reviewed any and all addenda to this solicitation. The City will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.
2. Schedule of Events: This Request For Proposal shall be governed by the following schedule:
Release of RFP September 10, 2024 5:00pm
Mandatory pre-proposal Conference September 17, 2024 11:00am Deadline for Written Questions September 19, 2024 by 5:00pm Responses to Questions Posted September 24, 2024 by 5:00pm Proposals are Due September 27, 2024 by 12:00 p.m.
Interviews (if held) October 15-16, 2024
Approval of Contract October/November 2024
**All dates are subject to change at the discretion of the City.
Pre-Proposal Conference: A MANDATORY Pre -Proposal conference will be held on September 17, 2024 at 11:00 a.m. in City Hall Community Room at City Hall, 77 Fair Drive, Costa Mesa, CA 92626. A Pre -Proposal conference is held to allow for questions and clarification concerning the City’s RFP process, scope of services and subsequent contract award.
3. Proposer’s Minimum Requirements: Interested and qualified Proposers that can demonstrate their ability to successfully provide the required services outlined in Appendix A– Scope of Work, of this RFP are invited to submit a proposal, provided they me et the City’s requirements as defined in Appendix A – Scope of Work, Section 1.4 Restoration Contractor Qualifications and Section 1.5 Restoration Specialist Qualifications. All requirements must be met at the time of the proposal due date. If these requirements are not met, the proposal may not receive further consideration, as determined in the sole discretion of the City.
II. GENERAL INSTRUCTIONS AND PROVISIONS
1. Proposal Format Guidelines: Interested entities or contractors are to provide the City of Costa Mesa with a thorough Proposal using the following guidelines: Proposal should be typed and should contain no more than 20 typed pages using a 12 -point font size, including transmittal letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, graphic exhibits and pricing forms. Each Pro posal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear 627
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description of the offer. Proposals which appear unrealistic in terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract may be rejected. The following Proposal sectio ns are to be included in the Proposer’s response:
• Cover Letter: A cover letter, not to exceed three pages in length, should summarize key elements of the Proposal. An individual authorized to bind the Contractor must sign the letter. Indicate the address and telephone number of the contractor’s office located nearest to Costa Mesa, California, and the office from which the project will be managed. And include proposed working relationship among the offering agency and subcontractors, if applicable.
• Background and Project Summary Section: The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to Scope of Work, Appendix A of this RFP.
• Method of Approach: Provide a detailed description of the approach and methodology that will be used to fulfill each requirement listed in the Scope of Work of this RFP. The section should include:
1. An implementation plan that describes in detail (i) the methods, including controls by which your firm manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.
2. Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section.
3. Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion.
4. Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work.
5. Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, safe, and cost - effective operations or increased performance capabilities.
6. Firms, individuals and entities wishing to be considered shall include in their submissions the steps they will, if selected, implement and adhere to for the recruitment, hiring and retention of former employees of the City who have been displaced due to layoff or outsourcing of functions and services formerly provided by the City.
7. Fee schedule must include costs for each location and fee schedules for any hours outside of the proposed hours of operation at each location.
• Qualifications & Experience of the Firm: Describe the qualifications and experience of the organization or entity performing services/projects within the past eight years that are 628
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similar in size and scope to demonstrate competence to perform these services. Information shall include:
1. If the owner is a corporation please provide: Name of corporation, corporate office street address, city, state, and zip code, state where incorporated, date of incorporation, first and last name of officers, local office address, city, state & zip, and the date local office opened its doors for business.
2. If the owner is a partnership or joint venture, please provide: Name of partnership or joint venture, principal office street address, city, state, and zip code, state of organization, date of organization, first and last name of general partner(s), local office address, city, state, and zip code, and date local office opened its doors for.
3. List all businesses owned or controlled by yourself (applicant) or business manager doing similar business in California under another name. List business name and address and specify who owns or controls the business (e.g., self, business manager, etc.).
4. List all businesses for which you or your business manager is or was an officer, director, or partner doing similar business in California under another name. List business name and address, title, date(s) in position; specify who was in position (e.g., self, business manager, etc.).
5. How many years have you been in business under your present business name?
6. Provide a list of current and previous contracts similar to the requirements for Costa Mesa, including all public agencies served (if any). For each, provide a brief description of the scope of work performed, the length of time you have been providing services, and the name, title, and telephone number of the person who may be contacted regarding your organization’s service record. Provide a sample of each background investigation for each contract.
7. Submit a description of the organization’s qualifications, experience and abilities that make it uniquely capable to provide the services specified in the Scope of Work.
8. The City of Costa Mesa is interested in knowing how Proposers support the communities that they serve. Please provide information on your organization’s participation in local community, charitable and civic organizations and events, including membership i n the Costa Mesa Chamber of Commerce, charitable contributions made by your organization, etc.
Any public entity which submits a Proposal should describe in detail how it currently performs services like those identified in the Scope of Work within its or other jurisdictions, including photographs, written policies and/or video of services provided. If you have performed these services under contract for another public entity, please provide references for those entities as set forth above for private Proposers.
• Financial Capacity: The City is concerned about proposers’ financial capability to perform, and therefore, may request sufficient data to allow an evaluation of firm’s financial capabilities.
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• Key Personnel: It is essential that the Proposer provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Proposer must agree to assign specific individuals to the key positions. o Identify the members of the staff who would be assigned to act for Proposer’s firm in key management and filed positions providing the services described in the Proposal, and the functions to be performed by each.
o Include resumes or curriculum vitae of each such staff member, including name, position, telephone number, email address, education, and years and type of experience. Describe for each such person, the relevant transactions on which they have worked.
• Cost Proposal: Provide a fee schedule/pricing information for the project as referenced in the attached in Appendix C. Proposals shall be valid for a minimum of 180 days following submission.
• Disclosure: Please disclose any and all past or current business and personal relationships with any current Costa Mesa elected official, appointed official, City employee, or family member of any current Costa Mesa elected official, appointed official, or City employee. Any past or current business relationship may not disqualify the firm from consideration.
• Sample Professional Service Agreement: The firm selected by the City will be required to execute a Professional Service Agreement with the City. A sample of the Agreement is enclosed as Appendix B, but may be modified to suit the specific services and needs of the City. If a Proposer has any exceptions or conditions to the Agreement, these must be submitted for consideration with the Proposal. Otherwise, the Proposer will be deemed to have accepted the form of Agreement. See No. 12 of this RFP below.
• Checklist of Forms to Accompany Proposal: As a convenience to Proposers, following is a list of the forms, Appendix C included in this RFP, which should be included with Proposals:
1. Vendor Application Form
2. Company Profile & References
3. Ex Parte Communications Certificate
4. Disclosure of Government Positions
5. Disqualifications Questionnaire
6. Bidder/Applicant/Contractor Campaign Contribution
7. Cost Proposal
2. Process for Submitting Proposals:
• Content of Proposal: The Proposal must be submitted using the format as indicated in the Proposal format guidelines.
• Preparation of Proposal: Each Proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation.
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• Cost for Preparing Proposal : The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become the property of the City. Fee proposal shall be submitted in a separate file containing the following: Fee schedule must include costs for each position with hourly rate (if applicable). • Forms to Accompany Proposal: Appendix C forms shall be attached at the end of the Proposal with the exception of the Cost Proposal which shall be submitted in a separate file. • Number of Proposals: Submit one (1) PDF file format copy of your proposal in sufficient detail for thorough evaluation and comparative analysis. • Submission of Proposals: Complete written Proposals must be submitted electronically in PDF file format via the planetbids.com website not later than 12:00 p.m. (P.S.T) on September 27, 2024. Proposals will not be accepted after this deadline. Bids received after the scheduled closing time will not be accepted. It shall be the sole responsibility of the Bidder to see that the bid is received in proper time. Faxed or e -mailed Proposals will not be accepted. NO EXCEPTIONS.
• Inquiries: Questions about this RFP must be posted in the Q & A tab on Planetbids no later than September 1 9, 202 4 by 5:00 P.M. The City reserves the right not to answer all questions.
The City reserves the right to amend or supplement this RFP prior to the Proposal due date.
All addendum(s), responses to questions received, and additional information will be posted to the Costa Mesa Procurement Registry, Costa Mesa-Official City Web Site, Business-Bids & RFP's. Proposers should check this web page daily for new information.
From the date that this RFP is issued until a firm or entity is selected and the selection is announced, firms or public entities are not allowed to communicate outside the process set forth in this RFP with any City employee other than the contracting off icer listed above regarding this RFP. The City reserves the right to reject any Proposal for violation of this provision. No questions other than posted on Planetbids will be accepted, and no response other than written will be binding upon the City.
• Conditions for Proposal Acceptance: This RFP does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all Proposals received as a result of this RFP, to negotiate with any qualified source(s), or to cancel this RFP in part or in its entirety. The City may waive any irregularity in any Proposal. All Proposals will become the property of the City of Costa Mesa, USA. If any proprietary information is contained in the Proposal, it should be clearly identified.
• Insurance & W-9 Requirements: Upon recommendation of contract award, Contractor will be required to submit the following documents with ten (10) days of City notification, unless otherwise specified in the solicitation:
▪ Insurance - City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a permit or contract. Within ten(10) 631
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consecutive calendar days of award of contract, successful Bidder must furnish the City with the Certificates of Insurance proving coverage as specified in the sample contract.
▪ W-9 – Current signed form W -9 (Taxpayer Identification Umber & Certification) which includes Contractor’s legal business name(s).
3. Evaluation Criteria: The City’s evaluation and selection process will be conducted in accordance with Chapter V, Article 2 of the City's Municipal Code (Code). In accordance with the Code, the responsive responsible proposer shall be determined based on evaluation of qualitative factors in addition to cost. At all times during the evaluation process, the following criteria will be used. Sub-criteria are not necessarily listed in order of importance. Additional sub- criteria that logically fit within a particular evaluation criteria may also be considered even if not specified below.
1. Qualifications of Key Personnel—25%
2. Method of Approach—30%
3. Qualifications & Experience of Firm-- 25%
4. Cost Proposal-- 15%
5. References- 5%
4. Evaluation of Proposals and Selection Process: In accordance with its Municipal Code, the City will adhere to the following procedures in evaluating Proposals. An Evaluation Committee, which may include members of the City's staff and possibly one or more outside experts, will screen and review all Proposals according to the weighted criteria set forth above.
While price is one basic factor for award, it is not the sole consideration.
A. Responsiveness Screening : Proposals will first be screened to ensure responsiveness to the RFP. The City may reject as non-responsive any Proposal that does not include the documents required to be submitted by this RFP. At any time during the evaluation process, the City rese rves the right to request clarifications or additional information from any or all Proposers regarding their Proposals.
B. Initial Proposal Review: The Committee will initially review and score all responsive written Proposals based upon the Evaluation Criteria set forth above. The Committee may also contact Proposer's references. Proposals that receive the highest evaluation scores may be invited to the next stage of the evaluation process. The City may reject any Proposal in which a Proposer’s approach, qualifications, or price is not considered acceptable by the City. An unacceptable Proposal is one that would have to be substantially rewritten to make it acceptable. The City may conclude the evaluation process at this point and recommend award to the lowest responsible bidder. Alternatively, the City may elect to negotiate directly with one or more Proposers to obtain the best result for the City prior to making a recommendation or selection.
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C. Interviews, Reference Checks, Revised Proposals, Discussions: Following the initial screening and review of Proposals, the Proposers included in this stage of the evaluation process may be invited to participate in an oral interview. Interviews, if held, are tentatively scheduled for the week of October 15-16, 20 24 and will be conducted at City of Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, CA 9262 6 or via zoom. This date is subject to change. The individual(s) from Proposer's organization that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. The oral interview may, but is not required to, use a written question/answer format for the purpose of clarifying the intent of any portions of the Proposal.
In addition to conducting an oral interview, the City may during this stage of the evaluation process also contact and evaluate the Proposer’s references, contact any Proposer to clarify any response or request revised or additional information, contact any current users of a Proposer’s services, solicit information from any available source concerning any aspect of a Proposal, and seek and review any other information deemed pertinent to the evaluation process.
Following conclusion of this stage of the evaluation process, the Committee will again rank all Proposers according to the evaluation criteria set forth above. The Committee may conclude the evaluation process at this point, and make a recommendation for award, or it may request Best and Final Offers from Proposers. The City may accept the Proposal or negotiate the terms and conditions of the agreement with the highest ranked organization. The City may recommend award without Best and Final Offers, so Proposers should include their best Proposal with their initial submission.
Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may terminate negotiations and commence negotiations with the next highest scoring Proposer or withdraw the RFP.
6. Protests: Failure to comply with the rules set forth herein may result in rejection of the protest.
Any proposals awarded pursuant to the formal procurement procedure set forth in the Proposal procedure may be appealed in accordance with the following procedure:
• The Proposer shall file the written notice of appeal with the purchasing officer at least ten (10) working days prior to proposal award date specified in the notice of recommendation to award.
• The written notice of appeal must include specifics as to the nature of the appeal. • The Proposer must provide any and all documentation to support the appeal. • The purchasing officer will respond in writing to the Proposer within five (5) working days.
• In the event the appeal is denied by the purchasing officer, the Proposer may appeal the purchasing officer’s ruling to the city council at the next available council meeting.
6. Accuracy of Proposals: Proposers shall take all responsibility for any errors or omissions in their Proposals. Any discrepancies in numbers or calculations shall be interpreted to reflect the cost to the City.
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If prior to contract award, a Proposer discovers a mistake in their Proposal which renders the Proposal unwilling to perform under any resulting contract, the Proposer must immediately notify the facilitator and request to withdraw the Proposal. It shall be solely within the City's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire Proposal. If the solicitation provided for eva luation and award on a line item or combination of items basis, the City may consider permitting withdrawal of specific line item(s) or combination of items.
7. Responsibility of Proposers: The City shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their Proposals. Pre -contractual expenses are not to be included in the Contractor’s Pricing Sheet. Pre -contractual expenses are defined as , including but not limited to, expenses incurred by Proposer in:
• Preparing Proposal in response to this RFP;
• Submitting that Proposal to the City;
• Negotiating with the City any matter related to the Proposal; and, • Any other expenses incurred by the Proposer prior to the date of the award and execution, if any, of the contract.
8. Confidentiality: The California Public Records Act (Cal. Govt. Code Sections 6250 et seq.) mandates public access to government records. Therefore, unless information is exempt from disclosure by law, the content of any request for explanation, exception, or substitution, response to this RFP, protest, or any other written communication between the City and Proposer, shall be available to the public. The City intends to release all public portions of the Proposals following the evaluation process at such time as a recommendation is made to the City Council.
If Proposer believes any communication contains trade secrets or other proprietary information that the Proposer believes would cause substantial injury to the Proposer’s competitive position if disclosed, the Proposer shall request that the City withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential.
Proposer may not designate its entire Proposal as confidential nor designate its Price Proposal as confidential.
Submission of a Proposal shall indicate that, if Proposer requests that the City withhold from disclosure information identified as confidential, and the City complies with the Proposer’s request, Proposer shall assume all responsibility for any challenges resulting from the non - disclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorney’s fees and costs that may be awarded to the party requesting the Proposer information), and pay any and all costs a nd expenses related to the withholding of Proposer information. Proposer shall not make a claim, sue, or maintain any legal action against the City or its directors, officers, employees, or agents concerning the disclosure, or withholding from disclosure, of any Proposer information. If Proposer does not request that the City withhold from disclosure information identified as confidential, the City shall have no obligation to withhold the information from disclosure and may release the information sought w ithout any liability to the City.
9. Ex Parte Communications: Proposers and Proposers’ representatives should not communicate with the City Council members about this RFP. In addition, Proposers and Proposers’ representatives should not communicate outside the procedures set forth in this RFP 634
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with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the RFP Facilitator, regarding this RFP until after Contract Award.
Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.
A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's Proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf. Proposers shall include the Ex Parte Communications Form, Appendix C with their Proposals certifying that they have not had or directed prohibited communications as described in this section.
10. Conflict of Interest: The Proposer warrants and represents th at it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code Sections 1090 et seq., or Sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.
11. Disclosure of Governmental Position : In order to analyze possible conflicts that might prevent a Proposer from acting on behalf of the City, the City requires that all Proposers disclose in their Proposals any positions that they hold as directors, officers, or employees of any governmental entity. Additional disclosure may be required prior to contract award or during the term of the contract. Each Proposer shall disclose whether any owner or employee of the firm currently hold positions as elected or ap pointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months using the attached Disclosure of Government Positions Form, Appendix C.
12. Conditions to Agreement: The selected Proposer will execute a Professional Service Agreement for Services with the City describing the Scope of Services to be performed, the schedule for completion of the services, compensation, and other pertinent provisions. The contract shall follow the sample form of Agreement provided as Appendix B to this RFP, which may be modified by the City.
All Proposers are directed to particularly review the indemnification and insurance requirements set forth in the sample A greement. The terms of the agreement, including insurance requirements have been mandated by the City and can be modified only if extraordinary circumstances exist.
Submittal of a Proposal shall be deemed acceptance of all the terms set fort h in this RFP and the sample agreement for services unless the Proposer includes with its Proposal, in writing, any conditions or exceptions requested by the Proposer to the proposed Agreement.
13. Disqualification Questionnaire: Proposers shall complete and submit, under penalty of perjury, a standard form of questionnaire inquiring whether a Proposer, any officer of a proposer, or any employee of a Proposer who has a proprietary interest in the Proposer, has ever been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local government project because of a violation of law or safety regulation and if so, to explain 635
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the circumstances. A Proposal may be rejected on the basis of a Proposer, any officer or employee of such Proposer, having been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local project because of a violation of law or a safety regulation, Appendix C.
14. Standard Terms and Conditions: The City reserves the right to amend or supplement this RFP prior to the Proposal due date. All addendum(s) and additional information will be posted via PlanetBids. Proposers should check this web page daily for new information. 636
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APPENDIX A
Scope of Work
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TABLE OF CONTENTS
Executive Summary ....................................................................................................................................... v 1 Introduction ........................................................................................................................................... 1
1.1 Project Goals and Objectives ......................................................................................................... 5
1.2 Project Location and Regional Significance .................................................................................... 6
1.3 Responsible Parties ........................................................................................................................ 6
1.4 Restoration Contractor Qualifications ........................................................................................... 8
1.5 Restoration Specialist Qualifications ............................................................................................... 8
1.6 Compliance ..................................................................................................................................... 9 2 Existing Conditions, Habitat Restoration Strategy, and Project Success Criteria ......................... 10
2.1 Topography .................................................................................................................................. 10
2.2 Soils .............................................................................................................................................. 10
2.3 Vernal Pool Watershed ................................................................................................................. 11
2.4 Archaeological Site and Improper Fill Material .......................................................................... 12
2.5 Existing Vegetation Communities .................................................................................................. 16
2.5.1 Coyote Brush Scrub (Disturbed) .............................................................................................. 19
2.5.2 California Sagebrush – California Buckwheat Scrub (Restoration Area) ................................. 20
2.5.3 Purple Sage Scrub (Introduced Vegetation Community/Restoration Area) .............................. 21
2.5.4 Upland Black Mustard and Tocalote Fields ............................................................................. 22
2.5.5 Upland Shortpod Mustard and Tocalote Fields ........................................................................ 23
2.5.6 Poison Hemlock or Fennel Patches ........................................................................................... 26
2.6 Wildlife ......................................................................................................................................... 26
2.6.1 Sensitive and Protected Species ................................................................................................ 26
2.7 Habitat Restoration Strategy ........................................................................................................ 27
2.7.1 Adaptive Management .............................................................................................................. 27
2.7.2 Habitat Restoration and Enhancement Targets ......................................................................... 28
2.7.3 Project Description ................................................................................................................... 30
2.8 Implementation Schedule .............................................................................................................. 32
2.9 Project Success Criteria ............................................................................................................... 36
2.9.1 Remedial Measures .................................................................................................................. 37
2.9.2 Contingency Measures ............................................................................................................. 37
2.9.3 Notice of Completion ................................................................................................................ 37
2.9.4 Long-Term Protection Instrument ............................................................................................ 37 3 Resource Protection Measures ............................................................................................................ 38
3.1 Qualified Biologist and Approved Biologist Qualifications .......................................................... 38 638
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3.2 Species Protection ........................................................................................................................ 38
3.2.1 Coastal California Gnatcatcher ................................................................................................. 38
3.2.2 Least Bell’s Vireo ..................................................................................................................... 39
3.2.3 Crotch’s Bumble Bee................................................................................................................ 40
3.2.4 Burrowing Owl ........................................................................................................................ 40
3.2.5 Breeding / Nesting Birds .......................................................................................................... 40
3.3 Cultural Resource Protection ....................................................................................................... 41
3.3.1 Measures for Cultural Resource Avoidance Areas ................................................................... 42 4 General Protection Measures, Initial Dethatching Event, and Temporary Irrigation System ...... 42
4.1 General Protection Measures ....................................................................................................... 42
4.1.1 Equipment ................................................................................................................................ 42
4.1.2 Project Access and Staging ...................................................................................................... 43
4.1.3 Good Housekeeping Practices .................................................................................................. 45
4.1.4 Temporary Fence and Signage ................................................................................................. 46
4.1.5 Removal of Trash and Debris ................................................................................................... 46
4.1.6 Pest Control .............................................................................................................................. 46
4.1.7 Erosion Control ........................................................................................................................ 46
4.2 Initial Dethatching Event .............................................................................................................. 47
4.3 Temporary Irrigation System ........................................................................................................ 48
4.3.1 Overhead Impact Sprinkler Irrigation System for Areas 1 and 2 .............................................. 48
4.3.2 Area 4 Bubbler Irrigation ......................................................................................................... 49
4.3.3 Irrigation System Operation ..................................................................................................... 49 5 Native Revegetation Buffer (Area 4) and Drainage Planting in Area 1 .......................................... 51
5.1 Container Plant Palette ................................................................................................................ 51
5.2 Nursery Propagation of Plant Material......................................................................................... 52
5.3 Preparation of Container Planting Basins ................................................................................... 52
5.4 Installation of Container Plants ................................................................................................... 52
5.5 Maintenance of Plantings ............................................................................................................. 53
5.5.1 Supplemental Amendments ...................................................................................................... 53
5.5.2 Container Plant Replacement ................................................................................................... 53 6 Weed Management Buffer (Area 5) ................................................................................................... 53 7 Pre-Seed Installation Adaptive Weed Management ......................................................................... 54
7.1 Physical Control Methods ............................................................................................................ 56
7.1.1 Mowing/Line Trimming ........................................................................................................... 56
7.1.2 Hand/Mechanical Pulling or Cutting ........................................................................................ 57
7.1.3 Cut-and-Dig .............................................................................................................................. 58 639
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7.1.4 Mechanical Raking/Windrowing .............................................................................................. 58
7.2 Chemical Control Methods ........................................................................................................... 58
7.2.1 Foliar Spray Treatment............................................................................................................. 59
7.2.2 Recommended Herbicides for the Control of Nonnative Species ............................................. 61
7.2.3 Weed Seed Handling, Resprout Reduction, and Plant Matter Disposal .................................... 66
7.2.4 Biosecurity Procedures to Prevent the Spread of Invasive and Other Nonnative Plant Species 67 7.3 Management Methods for High-Priority Invasive Plants ............................................................. 68 8 Native Seed Mixes and Installation ..................................................................................................... 68
8.1 Native Seed Mixes ........................................................................................................................ 68
8.1.1 Seed Source .............................................................................................................................. 71
8.1.2 Adjustments to Seed Mixes Prior To Installation ..................................................................... 73
8.2 Seed Mix Installation ..................................................................................................................... 73
8.2.1 Hydroseeding ........................................................................................................................... 74
8.2.2 Mechanical Broadcast Seeding Implementation ........................................................................ 74
8.2.3 Hand Seeding Implementation ................................................................................................. 75
8.3 Supplemental Irrigation ................................................................................................................ 77
8.4 Seed Mix Establishment ................................................................................................................ 78
8.5 Remedial Seeding .......................................................................................................................... 79 9 Maintenance After Seed Installation ................................................................................................... 79
9.1 Post-Seeding Weed Management .................................................................................................. 80 10 Biological Monitoring and Reporting ............................................................................................ 81
10.1 Horticultural Monitoring .............................................................................................................. 81
10.2 Pre-Vegetation Clearing Biological Constraints Surveys ............................................................. 81
10.3 Spring Vegetation Performance Monitoring ................................................................................. 82
10.3.1 Photo Points and Cover Estimates ....................................................................................... 83
10.3.2 Species Lists ........................................................................................................................ 83
10.3.3 Container Plant Survivorship ............................................................................................... 83
10.3.4 Final Project Year Vegetation Transect Sampling ............................................................... 84
10.3.5 Annual Reporting ................................................................................................................. 84
10.3.6 Final Report ......................................................................................................................... 85 11 References ........................................................................................................................................ 86 640
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EXECUTIVE SUMMARY
The Fairview Park Coastal Sage Scrub and Flower Fields Habitat Restoration and Enhancement Project (CSS and Flower Fields Restoration Project) is a collaborative effort between the City of Costa Mesa (City) and the Orange County Transportation Authority (OCTA) to fulfill an outstanding obligation of restoring approximately 4.5 acres of coastal sage scrub (CSS) and 5.0 acres of native grassland habitat. This project is part of the larger OCTA Fairview Park Wetlands and Riparian Habitat Project (OCTA Project), which initially committed to restoring 23 acres of habitat within Fairview Park in 2011.
Aligned with the goals set forth in the Fairview Park Master Plan, this project continues the City's commitment to restoring native habitats in the park. The OCTA Project began in 2012 as part of OCTA's Environmental Mitigation Program for the Measure 2 (M2) Freeway projects. To date, the City has successfully implemented
14.4 acres of habitat restoration, which is subject to review and final approval by the Wildlife Agencies (CDFW, USFWS), providing valuable habitats for various wildlife species, including two state and/or federally protected birds: the coastal California gnatcatcher (Polioptila californica californica) and least Bell's vireo (Vireo bellii pusillus). Review and approval of the City’s habitat restoration
The CSS and Flower Fields Restoration Project aims to restore and enhance an additional
15.35 acres of habitat, comprising the following components:
• 11.91 acres of habitat restoration, including the 9.5 acres of remaining habitat restoration (4.5 acres of CSS and 5 acres of grassland) for the OCTA Project. • 1.27 acres of voluntary habitat enhancement to further enrich the area's ecological value.
• 2.17 acres of voluntary native revegetation and weed management buffer areas to support the successful establishment of native plant communities while lessening the impacts of invasive species.
By executing the CSS and Flower Fields Restoration Project, the City of Costa Mesa and OCTA will contribute significantly to the conservation and restoration of important habitats in Fairview Park. This partnership will benefit local wildlife, maintain public access to the approved trail system, comply with the requirements of Measure AA, ensure the fulfillment of mitigation obligations, and demonstrate the City's ongoing commitment to the values outlined in the Fairview Park Master Plan.
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1 INTRODUCTION
Fairview Park is located within the City of Costa Mesa (City) and is adjacent to Talbert Nature Preserve/Talbert Regional Park (Figure 1-1). One of the purposes of this project is to satisfy an outstanding habitat restoration obligation by the City and the Orange County Transportation Authority (OCTA) for approximately 4.5 acres of coastal sage scrub (CSS) and 5.0 acres of native grassland habitat for mitigation as part of the OCTA Fairview Park Wetlands and Riparian Habitat Project (OCTA Project). The OCTA Project committed to restoring approximately 23 acres of habitat within Fairview Park (City 2011).
In 1997, the City adopted a Mitigated Negative Declaration and the Fairview Park Master Plan.
Revisions to the Master Plan were adopted in 2000, 2002, and 2008. This project continues to implement the goal of the Master Plan to restore native habitat in Fairview Park.
In 2011, the City was awarded funding from OCTA as part of OCTA’s Environmental Mitigation Program for the Measure 2 (M2) Freeway projects. The OCTA Project was included in the OCTA M2 Natural Community Conservation Plan/Habitat Conservation Plan and began in 2012.
The City has implemented 14.4 acres of the committed 23 acres (which excludes the trail system per mapping completed by Land IQ) of habitat restoration for the OCTA Project, including ponds and wetlands, surrounded by other native habitats (Figure 1-2). Final review and approval by the Wildlife Agencies (CDFW, USFWS) is required before the OCTA Project is deemed complete.
The 2022 Annual Report for the OCTA Project, prepared by Endemic Environmental Services, describes the maintenance activities for the wetlands area, including the water delivery system for the constructed ponds; algae and cattail management to allow water movement as designed in the constructed wetland system, mosquito and vector control by the Orange County Mosquito and Vector Control District; weed management; vandalism, and trespassing deterrence activities. The OCTA Project provides valuable habitat for wildlife, including two state and/or federally protected birds that nest in the project area, coastal California gnatcatcher (Polioptila californica californica) and least Bell’s vireo (Vireo bellii pusillus).
The City proposes to restore and enhance an additional 15.35 acres of habitat, called the Fairview Park Coastal Sage Scrub and Flower Fields Habitat Restoration and Enhancement Project (CSS and Flower Fields Restoration Project), which includes the approximately 9.5 acres of remaining habitat restoration (4.5 acres of CSS and 5 acres of grassland) required for the OCTA Project and 5.85 acres of voluntary habitat restoration, habitat enhancement, native revegetation, and establishment of a weed management buffer (Figure 1-3):
• 11.91 acres of habitat restoration, including 9.5 acres for the OCTA Project • 1.27 acres of voluntary habitat enhancement
• 2.17 acres of voluntary native revegetation and weed management buffer areas 643
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The voluntary habitat improvements will complement and protect the mitigation areas while improving the overall quality of the habitat for native wildlife species and enhancing the park’s natural recreational opportunities. The total project area of 15.35 acres does not include cover from the existing public access trails. The City will protect the restored habitat from recreational impacts with a permanent fence.
1.1 PROJECT GOALS AND OBJECTIVES
This Habitat Restoration and Monitoring Plan (HRMP) for the CSS and Flower Fields Restoration Project has three primary goals that are consistent with habitat recommendations made by Land IQ (2024) for the current Fairview Park Master Plan Update:
Goal 1. Restore a total of 9.5 acres of suitable habitat in Fairview Park (4.5 acres of CSS and 5 acres of native flower field habitat) to satisfy outstanding commitments of habitat restoration for the OCTA Project.
Objective 1.1: Restore a total of 11.91 acres of habitat in Fairview Park. The project will consist of 6.17 acres of Black Sage Scrub on the north-facing slopes below the mesa and
5.74 acres of flower fields (Fiddleneck – Phacelia Fields) on the northern portion of the mesa.
Goal 2. Voluntarily implement an additional 5.85 acres of habitat restoration, habitat enhancement, and weed management buffer.
Objective 2.1: Enhance 0.1 acres of California Sagebrush – California Buckwheat Scrub and
1.17 Purple Sage Scrub that is contiguous with the habitat restoration areas.
Objective 2.2: Along public pathways install temporary fencing and revegetate a 3- meter- wide buffer strip to help protect the habitat restoration areas from recreational impacts.
Once the restoration is complete, the City will protect the restored habitat from recreational impacts with a permanent fence.
Objective 2.3: Maintain a 15-meter-wide weed management buffer between the improper fill material on the mesa and the Fiddleneck – Phacelia Fields habitat restoration area to reduce weed inputs into the restoration areas and to maintain access for future habitat restoration projects that include removal of the improperly placed fill material.
Goal 3. Protect biological and cultural resources during implementation of the project.
Objective 3.1: Implement species protection measures, as presented in Section 3.2 of this HRMP.
Objective 3.2: According to a separate cultural resource monitoring plan, to be prepared by the City, monitor for artifacts or culturally significant materials, during restoration activities that disturb the soil, including the following: the initial removal of weed thatch by wheeled and tracked equipment; digging of planting basins.
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1.2 PROJECT LOCATION AND REGIONAL SIGNIFICANCE
Spanning more than 208 acres, 195 of which are dedicated to natural open space and wildlife habitat, Fairview Park ranks among the largest urban parks in Orange County. Moreover, several key factors establish Fairview Park as an ecological preserve of regional significance:
1. Habitat diversity: Fairview Park encompasses several distinct habitat types, including wetlands, riparian areas, coastal sage scrub, and flower fields. These habitats support a wide array of plant and animal species, many of which are rare or endangered, such as the Least Bell’s Vireo (Vireo bellii pusillus; state and federally endangered) and Coastal California Gnatcatcher (Polioptila californica californica; federally threatened and a California Species of Special Concern).
2. Vernal pools: The park is home to vernal pools, which are ephemeral wetlands that provide critical habitat for a variety of unique and specialized organisms, including the San Diego fairy shrimp (Branchinecta sandiegonensis) and Riverside fairy shrimp (Streptocephalus woottoni), both listed as endangered by the federal government.
3. Wildlife corridor: Fairview Park serves as a crucial wildlife corridor, connecting the Santa Ana River system of trails and parks to other open spaces in the region, including the Talbert Nature Preserve, the Randall Preserve (owned and managed by the Mountains and Rivers Conservation Authority) and the Huntington Beach Wetlands (owned and managed by the Huntington Beach Wetlands Conservancy). This connectivity facilitates the movement of species between habitats and promotes genetic diversity.
4. Cultural and historical significance: The park contains two nationally registered cultural resource historic sites, highlighting the area's rich human history and its connection to the natural environment.
It provides a valuable refuge for wildlife amidst the urban landscape and offers a space for people to connect with nature and learn about the importance of preserving biodiversity.
1.3 RESPONSIBLE PARTIES
LANDOWNER AND “PROJECT SPONSOR” OF THE OCTA PROJECT
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Kelly Dalton
Fairview Park Administrator
Parks and Community Services Department
714-754-5135
[email protected]
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BENEFICIARY OF APPLICABLE MITIGATION CREDIT ASSOCIATED WITH THE OCTA PROJECT Orange County Transportation Authority (OCTA)
550 S. Main Street
Orange, CA 92868
Lesley Hill
Environmental Mitigation Program Project Manager 714-
560-5759
[email protected]
REGULATORY AUTHORITIES
California Department of Fish and Wildlife (CDFW)
South Coast Region
3883 Ruffin Road San
Diego, CA 92123
(858) 467-4201
State regulatory authority for:
• Crotch’s bumble bee (Bombus crotchii), candidate species for state endangered status
• Burrowing owl (Athene cunicularia), state Species of Special Concern • Coastal California gnatcatcher (Polioptila californica californica), state Species of Special Concern
• Least Bell's vireo (Vireo bellii pusillus), state endangered US Fish and Wildlife Service
(USFWS) Carlsbad Fish and Wildlife
Office 2177 Salk Ave., Suite 250
Carlsbad, CA 92008
(760) 431-9440
Federal regulatory authority for:
• Coastal California gnatcatcher (Polioptila californica californica), federally threatened
• Least Bell's vireo (Vireo bellii pusillus), federally endangered • San Diego fairy shrimp (Branchinecta sandiegonensis), federally endangered • Riverside fairy shrimp (Streptocephalus woottoni), federally endangered 649
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1.4 RESTORATION CONTRACTOR QUALIFICATIONS
The Restoration Contractor will be responsible for restoring and enhancing native plant communities through site preparation, weed management, installation and operation of a temporary irrigation system, plant and seed installation, and maintenance including hand weeding and supplemental irrigation for installed seed and container plant material.
Implementation shall be conducted by a qualified native habitat Restoration Contractor under the oversight of a Restoration Specialist. To be considered as “qualified,” the Restoration Contractor must demonstrate the following:
1. Demonstrate experience successfully restoring native habitat within southern California in coastal sage scrub (CSS) and native grassland habitat types, including flower fields or forblands.
2. Have successfully installed at least three CSS restoration projects of at least ten acres each, achieving the specified success criteria within a five-year establishment and maintenance period.
3. Have experience designing, constructing, operating, and maintaining an aboveground temporary irrigation system.
4. Have crews for habitat restoration site preparation and maintenance that have been trained to identify and distinguish between nonnative and native seedlings/plants.
5. Designate a project manager and site supervisor, each with a minimum of five years of experience in successful native coastal scrub habitat and native grassland habitat restoration.
6. Previous experience working within, and around coastal California gnatcatcher occupied habitat.
7. Previous experience working within and around habitat with rare and/or protected species in southern California.
1.5 RESTORATION SPECIALIST QUALIFICATIONS
The Restoration Specialist will be responsible for the oversight of the Restoration Contractor, horticultural monitoring, general biological monitoring, annual performance monitoring and reporting to the City.
To be considered as “qualified,” the Restoration Specialist must demonstrate the following:
1. Minimum of a bachelor’s degree in ecological restoration, ecology, biology, environmental science, or a related field.
2. Minimum of 5 years of experience in native habitat restoration, preferably with a focus on CSS and native California flora in Southern California. 650
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3. Demonstrated experience providing oversight of restoration crews during site preparation, installation, and maintenance of at least three successfully completed CSS habitat mitigation projects in southern California.
4. Demonstrated experience with implementing monitoring protocols to evaluate project performance and success and proficiency in performance monitoring reporting of at least three successfully completed CSS habitat mitigation projects.
5. Demonstrated experience with oversight of special collection of native seed material and container plant propagation for habitat restoration projects.
6. Proficiency in invasive and nonnative plant management techniques and strategies.
7. Experience working with local, state, and federal regulatory agencies, and an understanding of relevant environmental policies and regulations.
8. Proficiency in Southern California native plant identification, propagation, and establishment.
9. Previous experience working on restoration projects with sensitive wildlife and plant species, including the California gnatcatcher.
1.6 COMPLIANCE
The 9.5 acres of habitat restoration (4.5 acres of coastal sage scrub and 5 acres of flower fields) within this Project involve various resource and regulatory agencies. The successful implementation of this HRMP will fulfill the outstanding habitat restoration obligation shared by the City and OCTA in relation to the OCTA Project. The original commitment was to restore approximately 23 acres of habitat within Fairview Park (City of Costa Mesa 2011).
Before proceeding with the implementation of this project, the City must obtain approval of this HRMP from OCTA, and CDFW and USFWS (collectively referred to as the Wildlife Agencies).
The City will adhere to the EMP Restoration Funding Guidelines, reviewed and approved by OCTA and the Wildlife Agencies. The subsequent annual performance monitoring reports will be provided to OCTA. OCTA will be responsible for keeping the Wildlife Agencies informed on the progress toward achieving the HRMP goals and success criteria by providing them with the City's annual performance monitoring reports. The City is responsible for establishing a conservation easement that is mutually acceptable to OCTA, the Wildlife Agencies and the City, and which maintains the restoration intent of the project in perpetuity for the 23-acre OCTA funded restoration area. Sign-off for the project areas cannot be provided until the project has been approved and a conservation easement has been recorded.
This collaborative approach ensures that all parties involved in the restoration effort remain informed and engaged throughout the process, fostering transparency and cooperation in meeting the shared goal of habitat restoration.
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2 EXISTING CONDITIONS, HABITAT RESTORATION
STRATEGY, AND PROJECT SUCCESS CRITERIA
2.1 TOPOGRAPHY
Fairview Park is defined by four geomorphic features: the floodplain terrace, bluffs, mesa, and eroded slopes (Figure 2-1). Each of these features has been partially developed to either create wetland and riparian habitat, improve public access, or provide recreational opportunities (Land IQ 2024).
Floodplain Terrace: The floodplain terrace was formed as part of the historic active floodplain of the Santa Ana River and includes the portion of Fairview Park below the bluffs (~20-ft elevation above mean sea level), including the Headlands Dana Point Project Mitigation Area, USACE Wetlands and Riparian Habitat Project, and the OCTA Project (Figure 1-2). The County- owned Talbert Nature Preserve occupies the remainder of the floodplain terrace below the bluffs.
See Figure 1-1 for the location of Talbert Nature Preserve in relation to Fairview Park.
Mesa: The mesa stands at an elevation ranging from approximately 70 to 80 feet above mean sea level (msl) in Fairview Park and includes a portion of the project area. Its formation dates to the Pleistocene epoch, about 2.58 million to 11,700 years ago (California Geological Survey 2024).
This significant geological period played a crucial role in shaping the contemporary landscape of the Greater Los Angeles Basin, including the notable features found in Fairview Park. The northern portion of the mesa, to the north of the improper fill material is part of the project area.
Bluffs: The bluffs were carved by the Santa Ana River, prior to its confinement in a flood control channel following catastrophic 1938 floods, from an upper marine terrace referred to as the mesa.
There is a west-facing bluff and a north-facing bluff. The north- facing bluff is part of the project area, which transitions to eroded slopes as the north bluff grades into the canyon.
Eroded Slopes: The eroded slopes formed in place by chemical and physical weathering of parent materials. Unlike the bluffs, which were formed largely by erosive river stormwater flows, the eroded slopes were formed by overland flow of precipitation creating gentle to moderately steep slopes.
2.2 SOILS
The soil types in Fairview Park were described in 1978 as part of the greater soil survey of Orange County by the Natural Resources Conservation Service (USDA 1978). The soil survey mapping units are not deterministic and often include the description of several other soil types that can occur within the map unit, but it provides excellent information about general soil conditions in the park.
There are two soil map units that occur within the CSS and Flower Fields Restoration Project area (Figure 2-2):
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1. Myford Sandy Loam, 0 to 2 percent slopes on the mesa
2. Myford Sandy Loam, 9 to 30 percent slopes, eroded, on the north-facing eroded bluff slopes
The Myford Sandy Loam soil series (Alfisols Soil Order, which among other features typically includes a subsurface horizon with a significant amount of clay) is found on terraces below 1,500 feet. This moderately well-drained soil has medium to rapid runoff and very slow permeability.
The solum (i.e., the layer of soil above the parent material that includes the A and B horizons) is 45 to 75 inches thick, and the soil temperature at 20 inches depth averages 60 to 63°F. Moisture levels vary seasonally, with consistent dry periods. Myford soil’s composition includes various sandy loam types, with A and Bt (i.e., Bt is a soil horizon that contains a layer of lattice clays that were deposited from the A horizon above) horizons displaying different colors and clay contents.
Exchangeable sodium (i.e., measure of the amount of sodium ions that can be readily exchanged with other cations in the soil solution, which can influence infiltration rates, soil structure, plant growth and salinity) increases at depths beyond one meter.
2.3 VERNAL POOL WATERSHED
A subsurface soil hardpan allows for the hydrological conditions that result in seasonal ponding and formation of vernal pools and the corresponding vernal pool watershed that remains in present day Fairview Park on the mesa (Figure 2-3). However, most of the northern part of the mesa including in this project was not identified as part of the historic vernal pool watershed because the slopes gradually drain towards the north bluff, west bluff, and the “canyon” area to the east. This area was also historically farmed that included soil cultivation, which likely significantly disrupted at least some of the hardpan soils that may have existed, no longer allowing for seasonal ponding and the formation of vernal pool habitat (Land IQ 2024).
A portion of the project occurs within the historic vernal pool watershed (Figure 2-3) that currently no longer functions as part of the vernal pool watershed because it is disconnected by the presence of the improper fill placement. Restoration of the vernal pool watershed, including removal of the improper fill material, is identified in the existing Fairview Park Master Plan (City of Costa Mesa 2008) and remains a management goal identified by Land IQ (2024) as a habitat restoration opportunity.
While vernal pool indicator plants and fairy shrimp occur in Fairview Park vernal pools and areas that periodically pond in the vernal pool watershed, including in the basins created by openings in the improper fill material that are at natural grade—the project area is north of the areas that pond and does not have andy vernal pool features or ponding water. No ponding or rare plants were observed in the project area during 2023 surveys (Hamilton Biological 2023) and 2017 surveys (Glenn Lukos Associates 2017).
Glenn Lukos Associates (2017) examined ponded areas for fairy shrimp, and while fairy shrimp were detected in other areas within the improper fill area and south of that area in the vernal pools and vernal pool watershed, because there was no ponding in the project area north of the improper fill area, no fairy shrimp were detected.
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ARCHAEOLOGICAL SITE AND IMPROPER FILL MATERIAL
Fairview Park has two nationally registered archaeological sites (CA-ORA-58; CA-ORA- 506) that comprise part of a larger village site referred to as Genga. Indigenous people occupied these areas from the 1800s back to at least 1500 B.C. In 1926, tilling of the soil for farming in the northern portion of the mesa, including within the mesa in the project area, exposed the first documented archaeological remains from this important site.
Formal archaeological excavations began in the 1930s (Dudek and Associates 2003). Keith Dixon studied the site from 1959 to 1966. The boundaries of the archaeological site were further defined by The Keith Companies in 1993 (City of Costa Mesa 2008).
With the intent of capping the archaeological site on the mesa (CA-ORA-58), prior to construction of new park amenities, fill material was placed on the mesa between 1987 and 1988 (Land IQ 2024). The fill material does not meet current standards for an archeological site cap and includes chemically active construction materials and concrete debris that can degrade archaeological artifacts instead of preserving them (City of Costa Mesa 2008).
Not only was the fill material improper for the protection of indigenous cultural resources, but it also created three new threats to biological resources on the mesa (Land IQ 2024):
1. The fill material covers and takes away habitat for native flower fields and fairy shrimp.
2. The fill material impairs the hydrologic function of the vernal pool watershed by reducing the amount of precipitation that would feed the vernal pool complex, which is especially critical in below-average rainfall years when the pools do not typically form.
3. The fill material creates an unnatural state of low soil microorganism and plant diversity, which sustains large infestations of invasive plants (e.g., black mustard, poison hemlock) that produce large quantities of seed, which is then transported into other locations in the park by wildlife and humans along trails and roads, threatening the diversity and function of native habitat.
Therefore, this HRMP will be implemented in coordination with a cultural resource monitoring plan to protect artifacts and culturally significant material that could be disturbed during significant soil disturbance activities, such as during the initial weed dethatching event, digging planting holes, or if substantial digging is required for the removal of perennial invasive plant species during weed management activities. The HRMP also includes a weed management buffer, which will be maintained to both: 1) help protect the habitat restoration areas from the invasive plants that persist on the improper fill material; and 2) maintain an area that is accessible for vehicular access to support a future habitat restoration project on the mesa that involves the careful removal of the improper fill material to expose the natural soils and reestablish the natural grade of the historic vernal pool watershed.
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Figure 2-1 Geomorphic Features of Fairview Park.
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Figure 2-2 Soil Series Mapped in Fairview Park (USDA 1978).
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Figure 2-3 Location of Vernal Pool Watershed and Vernal Pools in Relation to the Project Area and Improper Fill Material Extent in 2023.
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2.4 EXISTING VEGETATION COMMUNITIES
The vegetation communities in Fairview Park were mapped in 2023 (Land IQ 2024) as part of the Fairview Park Master Plan Update, led by MIG. There are nine vegetation map units in the project area, including six vegetation communities and three urban or disturbed land cover classes (Figure 2-4, Table 2-1).
Two of the vegetation communities are suitable for habitat enhancement by controlling weeds and native seed addition:
1. California Sagebrush – California Buckwheat Scrub (Restoration Area)
2. Purple Sage Scrub (Introduced Vegetation Community/Restoration Area) Four vegetation communities are suitable for habitat restoration as they have little to no native cover—or in the case of Coyote Brush Scrub (Disturbed), the native diversity is very low with almost all the native cover from coyote brush (Baccharis pilularis)—and a significant infestation of invasive mustards (e.g., Brassica nigra, Hirschfeldia incana), annual grasses (e.g.., Bromus spp., Avena spp., Hordeum spp.), thistles (e.g., Carduus pycnocephalus, Centaurea melitensis), and/or poison hemlock (Conium maculatum):
1. Upland Black Mustard and Tocalote Fields
2. Upland Shortpod Mustard and Tocalote Fields
3. Poison Hemlock or Fennel Patches
4. Coyote Brush Scrub (Disturbed)
The urban land cover class of “Anthropogenic Areas of Little or No Vegetation” identifies areas that have very high bare ground cover and have been denuded of vegetation by human use of informal, nonapproved trails and unnecessary expansion of approved pathways by recreational impacts or City maintenance crews. These areas are appropriate for habitat restoration, enhancement, or weed management buffer.
The existing asphalt pathway, which is used by pedestrians, bicycles and City maintenance vehicles is classified as “Urban-Sidewalk/Bridge/Trail” leads from the parking lot outside the project area and through the project area, providing access to the pathways in the Wetlands and Riparian Habitat Areas and Talbert Nature Preserve (OC Parks). This pathway will be maintained as an approved City pathway in Fairview Park and used for vehicular access by the Restoration Contractor for project activities.
The “Natural Soil Trail” is a City approved public pathway that branches off of the asphalt pathway and runs along the perimeter of the mesa in the project area, connecting to the staircase that leads from the mesa to Talbert Nature Preserve at the base of the bluff.
The six existing vegetation communities in the project area are described in more detail in the following sections. There are no wetland or riparian habitats within the project area.
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Figure 2-4 Existing Vegetation Communities in the Project Area.
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2.4.5 UPLAND SHORTPOD MUSTARD AND TOCALOTE FIELDS
This community occurs on the northern portion of the Mesa that was historically cultivated for crops in the early 1900s, including plowing or tilling (Land IQ 2024). This area may have been selected for cultivation because it did not exhibit the clay hardpan soils, which have poor value for agricultural crops due in part to poor drainage (USDA 1978). Alternatively, farmers may have actively broken up the clay hardpan layer to improve drainage for farming. Because of this agricultural history and irrevocable change to the natural soil condition, it is less likely that this portion of the Mesa will support vegetation communities in the Californian Mixed Annual/Perennial Freshwater Vernal Pool/Swale Bottomland Group, such as Clustered Tarplant Fields. The low frequency of woody shrubs (nonnative or native) in this area, and the dominance by annual life-forms, such as the native common fiddleneck (Amsinckia intermedia) and popcorn flower (Plagiobothrys sp.) in the late winter and early spring (e.g., Figure 2-9), followed by high vegetative cover of shortpod mustard and tocalote in late spring and summer (Figure 2-10), indicate that the area is appropriately classified in the California Annual Herb/Grass Group as Upland Shortpod Mustard and Tocalote Fields (e.g., Figure 2-11). In areas with more bare ground on the northern Mesa, the native annual forb turkey-mullein (Croton setiger) can be common.
Herbaceous cover is also provided by nonnative annual grasses (primarily ripgut brome, Bromus diandrus). There is low cover of black mustard and fennel, but these species are more prevalent in the drainage swale in the northwest portion of the Mesa. There is scattered cover from occasional dense patches of coast goldenbush.
Scarcity of black mustard and general lack of native shrubs or perennial weeds are two factors that help to distinguish the Upland Shortpod Mustard and Tocalote Fields vegetation association from the Upland Mustards and Tocalote Fields vegetation association that occurs on the northerly-facing slopes in the project area. The exception to this rule is provided by the nonnative perennial weed curly dock (Rumex crispus), which is common in disturbed areas with poor drainage (DiTomaso et al. 2013).
Most of this vegetation type occurs in areas that are part of the registered archaeological site identified as CA-ORA-58.
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2.4.6 POISON HEMLOCK OR FENNEL PATCHES
The dense patches of poison hemlock at the base of the north-facing slope also include nonnative annual grasses (e.g., Bromus spp. and Avena spp.), black mustard, and scattered coyote brush.
2.5 WILDLIFE
The mesa, north bluff, and eroded slopes in the project area support mainly nonnative mustard fields and annual grassland. Wildlife found in these open, grassy, and weedy areas, include the West Coast Lady and Checkered White butterflies, Common Side- blotched Lizard, Mourning Dove, Northern Harrier, Red-tailed Hawk, Say’s Phoebe, Western Kingbird, American Pipit, Savannah Sparrow, Red-winged Blackbird, Blue Grosbeak, Desert Cottontail, and Botta’s Pocket Gopher. In the past, San Diego Black- tailed Jackrabbits could be found using open habitats in the park, but this species appears to have been extirpated from all the lower Santa Ana River ecosystem in recent decades (Land IQ 2024).
Upland scrub plant associations growing on the park’s slopes support such wildlife species as California Kingsnake, Southern Pacific Rattlesnake, Western Skink, Allen’s Hummingbird, Bewick’s Wren, California Thrasher, White-crowned Sparrow, California Towhee, and Desert Cottontail.
2.5.1 SENSITIVE AND PROTECTED SPECIES
Fairview Park has been identified as a potential habitat for several species of conservation concern, including the Crotch's bumble bee (Bombus crotchii), a candidate species for state endangered status. This bee species has been observed foraging on native shrubs and annuals within the park (Hamilton 2023). It is assumed by entomologists that bumble bees likely forage within 1 to 2 km from their nest (CDFW 2023). Therefore, there is a high potential for occurrence in the project area. While Crotch's bumble bee nests have not been observed in Fairview Park, the project aims to significantly increase foraging habitat to support this species, including known food plants such as sages (e.g., Salvia mellifera, S. apiana), Phacelia spp., lupines (Lupinus spp.), and milkweed (e.g., Asclepias fascicularis) (Williams et al. 2014).
The federally threatened and state Species of Special Concern, coastal California gnatcatcher (Polioptila californica californica), may also benefit from the habitat restoration and enhancement efforts. Although no nesting has ever been observed immediately within the habitat restoration project area, resident coastal California gnatcatchers are present in scrub habitat in Fairview Park and in adjacent lower Santa Ana River scrub habitat (Hamilton Biological 2023).
In the past Hamilton Biological (2023) has observed successful nesting in a community-led coastal sage scrub restoration area that is immediately to the east of the project site, referred to as the “canyon,” although no nesting was observed during 2023 surveys (see Figure 1-2).
Enhancing the habitat will provide valuable foraging opportunities and improve the overall quality of the potential nesting territory in the canyon and other scrub habitat for coastal California gnatcatcher in the lower Santa Ana River.
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The federally and state endangered least Bell's vireo (Vireo bellii pusillus) has established nesting sites in the Wetlands and Riparian Habitat of Fairview Park, including the OCTA Project area (see Figure 1-2) located north of the current project area. The project area does not provide suitable nesting habitat for the vireo; however, there is a low potential for foraging activities.
In terms of aquatic species, no ponding was observed within the project area during the above- average rainfall year of 2023 (Land IQ 2024) or in 2017 (Glenn Lukos Associates 2017).
Consequently, no fairy shrimp species, such as the federally endangered San Diego fairy shrimp (Branchinecta sandiegonensis) and the federally endangered Riverside fairy shrimp (Streptocephalus woottoni), were detected.
The proposed habitat enhancement efforts within Fairview Park will contribute to the conservation of these species by improving foraging opportunities and overall habitat quality.
Regular monitoring and adaptive management will be important to avoid these species during implementation of this HRMP.
2.6 HABITAT RESTORATION STRATEGY
The CSS and Flower Fields Restoration Project will avoid and minimize impacts to biological and cultural resources with measures that are consistent with guidelines in the Fairview Park Master Plan and that comply with all applicable regulations. Existing native habitat, such as patches of CSS, will be avoided to the maximum extent practical. Woody native shrubs shall be identified by the crew and avoided when using mechanical approaches, mowing and line trimming. Mowing and line trimming shall be timed to the phenology of the flowering of invasive annual grasses and forbs, which typically germinate and flower earlier than the native herbaceous vegetation due to the adaptive traits that reinforce their invasive nature in disturbed areas. There will be no application of broad-spectrum herbicides except in areas that have been surveyed and don’t have any sensitive, rare, or protected species. Crews will be trained to identify sensitive and rare plants to be avoided. All wetlands, including vernal pools, will be avoided.
There are no vernal pool features in the project area.
This HRMP is consistent with the relevant guidelines from the OCTA (2012) Measure M2 Environmental Program Restoration Funding Guidelines and the habitat restoration goals of the original Habitat Restoration Plan (City of Costa Mesa 2011) for the OCTA Project.
2.6.1 ADAPTIVE MANAGEMENT
This project will be implemented with an adaptive management approach, which will allow the Restoration Specialist to adjust the level of restoration effort according to observations and analysis of site conditions, including establishment of the native seed mix.
An overview of the framework for the “Adaptive Management” approach is presented in the following six-step diagram (ERI 2009) (Figure 2-12).
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HABITAT RESTORATION AREA 1
The primary focus for Area 1, as identified in Figure 1-3, is the eradication of invasive mustards to establish suitable habitat restoration conditions. The target vegetation community for this area is Black Sage Scrub (Salvia mellifera Shrubland Alliance) featuring dominant cover from black sage, California sagebrush (Artemisia californica), and coyote brush (Land IQ 2024). Other native species to be incorporated in the seed mix include California bush sunflower (Encelia californica), California buckwheat (Eriogonum fasciculatum), deerweed (Acmispon glaber), and white sage (Salvia apiana). In the drainage areas, toyon (Heteromeles arbutifolia) and blue elderberry (Sambucus mexicana) can be planted and irrigated with the overhead irrigation system to be used for the grow-and-kill phase prior to seed installation.
HABITAT RESTORATION AREA 2
Area 2 is currently dominated by invasive mustards and grasses. The restoration target for this area is Fiddleneck-Phacelia Fields [Amsinckia (menziesii, tessellata) - Phacelia spp. Herbaceous Alliance] (Land IQ 2024). To achieve this goal, a combination of selective weeding and the introduction of a diverse native annual seed mix will be implemented. The mix will include a low diversity of select native woody shrubs, such as coastal goldenbush, deerweed, and California buckwheat, which are expected to occur at low frequencies. This approach will help restore the native flower fields to this portion of the mesa.
Due to the dominance of native annuals in this habitat type, there will be a risk of reinvasion by nonnative annual grasses and forbs. However, the establishment of a diverse and dense native seedbank, coupled with long-term management high-priority invasive plants (Appendix 1) by the City, will ensure the sustained value of this unique flower field/grassland habitat.
HABITAT ENHANCEMENT AREA 6
Area 6 was restored with native CSS as part of the construction of the staircase that connects the mesa to floodplain terrace in Fairview Park, as well as Talbert Nature Preserve. This area will be enhanced with weed management and native seed addition.
HABITAT ENHANCEMENT AREA 7
Area 7 was hydroseeded in the 1990s with purple sage and California buckwheat. Today it is dominated by purple sage and California sunflower bush with an understory of weeds, including mustard. This area will be enhanced with weed management and native seed addition.
NATIVE REVEGETATION BUFFER AREA 3
Area 3 is a relatively small area on the mesa between two pathways that will be managed with weed management and native seed addition.
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NATIVE REVEGETATION BUFFER AREA 4
Area 4 is a 3-meter-wide native revegetation buffer between the habitat restoration areas and public pathways to deter recreational impacts. These areas will be planted with native CSS shrubs, managed for weeds, and will be seeded with a native seed mix.
WEED MANAGEMENT BUFFER AREA 5
Area 5 is a 15-meter-wide weed management buffer between habitat restoration area 1 and the improper fill material. This area will be mechanically cut, when needed, to prevent weed seed set.
High-priority invasive plants shall be controlled according to Appendix 1, which includes the use of targeted herbicide application.
2.6.3 PROJECT DESCRIPTION
A qualified native habitat Restoration Contractor shall implement this Plan with oversight and biological monitoring from the Restoration Specialist. The project schedule is premised on the project beginning by fall 2024. If the project start is delayed, then in general, implementation of the project will need to be delayed by one calendar year due to the time sensitive nature of seed collection, time for plant propagation, and the timing of weed management events.
Before the first restoration activities occur, it is recommended that the temporary fencing and signage be installed as early as summer to notify the public that the project will begin in fall and that these areas are to be avoided.
The initial dethatching event to remove nonnative weed material will occur in late- October or November but before the onset of significant rainfall that will limit the use of wheeled or tracked equipment. A cultural resource monitor shall be onsite during the initial dethatching event to monitor the soil for any artifacts or culturally significant material.
Following the initial dethatching event, the temporary irrigation system and the nursery grown container plants shall be installed. The irrigation system shall be operated manually and have valves to isolate different irrigation zones. Bubblers shall provide supplemental irrigation for the transplanted nursery grown plants in Area 4 and overhead impact sprinklers shall be used for the irrigated grow-and-kill program in Areas 1 and 2. Any irrigation lines that cross approved pathways need to be trenched to avoid damage by vehicles and to avoid creating a tripping hazard for the public. If trenching is required, then the cultural resource monitor must be present.
The nursery grown container plants shall be installed in Area 4 and Area 2 before the end of January 2025. The plant material shall be grown by a nursery that specializes in native plants and sourced from material collected in the Orange County Seed Collection Zone as described in the Orange County Native Seed Partnership Strategic Plan (AECOM 2023). If the native plant nursery supplier for this project does not have sufficient material on hand, then the Restoration Specialist may make appropriate substitutions of plant species and/or amounts. A cultural resource monitor shall be on site during the digging of planting holes for the container plants. 672
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The plants shall be irrigated to supplement natural rainfall and to establish the plants through the first year. A second year of supplemental irrigation may be required but no more than three years of irrigation shall be required unless drought conditions are severe. During irrigation events, the container planting basins shall be hand weeded to keep them free of all weeds.
The weed management buffer in Area 5 shall be mowed or line trimmed as necessary to prevent the buildup of excessive weed biomass and the development of viable seed from weeds, while avoiding native shrubs and native annuals to the extent feasible, as directed by the Restoration Specialist. Area 5 shall be maintained in this manner for the full term of the project.
In the habitat restoration Areas 1 and 2, the overhead irrigation system shall be used to “force” the growth of multiple crops of weeds throughout the year in a grow-and-kill program. The goal is to encourage germination of weed seed, then control the growth prior to viable seed set with a combination of mechanical and chemical weed control. Typically, one or two weeding events will be needed per season, for a total of four to eight weeding events per year, for two years (2025 and 2026). The habitat enhancement areas 6 and 7 and the native revegetation buffer areas 3 and 4 are adjacent to the irrigated grow-and-kill areas and shall be included in each grow-and-kill weeding event.
At the onset of the project, but no later than February 2025, the Restoration Contractor shall contract with a qualified native seed collector for the required seed material for the native seed mixes. This will allow the seed collector to have multiple opportunities to collect the requested seed material, from winter 2025 to fall 2026, thereby increasing the highest diversity and amount of seed possible for the project. The native seed mixes shall be installed in fall 2026, from mid- October to December but before the onset of significant winter rainfall that prohibit site access with equipment that is necessary for seed installation.
Area 1 shall be hydroseeded with a one-step installation method. The native seed mix will be installed in Areas 2 and 5 by broadcast seeding followed by a cultipacker to ensure good soil-to- seed contact. If any portions of these areas require additional soil stabilization, as determined during the weed management phase prior to seeding, then the hydroseed method may be used with the addition of a soil stabilizer (e.g., bonded fiber matrix). Areas with significant native cover, including Areas 4, 6, and 7, shall be hand seeded and then tamped for good soil-to-seed contact. Area 3 is relatively small and can be hand seeded, although hydroseeding or broadcast seeding followed by a cultipacker are also suitable methods.
The temporary irrigation system can be used, at the discretion of the Restoration Specialist to supplement natural rainfall for the first one to three years of seed establishment. Supplemental irrigation shall only be used in the fall, winter, and spring to augment natural rainfall. No irrigation shall be used in the final two years of maintenance and performance monitoring to demonstrate that the habitat restoration areas are self-sustaining. The temporary irrigation system may remain in place until the
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end of the project in case it is needed for remedial actions, but it must be removed once the project is accepted by the agencies and is considered complete.
After seed installation, only hand weeding shall be allowed to control weeds in the project area, except for the weed management buffer Area 5, which is mowed, or line trimmed.
The Restoration Specialist shall regularly monitor the project to determine the timing and appropriate method of restoration activities, following the requirements, guidelines, and specifications in this HRMP. The Restoration Specialist shall be responsible for directing and providing oversight of work by the Restoration Contractor.
A Qualified Biologist, or Approved Biologist, as required by the species protection measures in Section 3.1, shall conduct pre-work surveys and provide biological monitoring as needed to avoid and minimize potential impacts from restoration activities.
The Restoration Specialist shall prepare annual reports documenting restoration and monitoring activities each year, including during the site preparation phase of the project. After seed installation (expected in fall 2026), there will five years of performance monitoring, including spring vegetation surveys to document progress towards meeting project goals and success criteria (expected to be calendar years 2027 to 2031; see Table 2-2). Annual reports will be reviewed by the City and submitted to OCTA.
If the project success criteria are not met in the fifth performance monitoring year, expected to be 2031, then the City shall continue to implement the project according to the HRMP, along with any ecologically appropriate contingency actions and/or alternative success criteria recommended by the Restoration Specialist in consultation with OCTA and the Wildlife Agencies, until the success criteria are met.
2.7 IMPLEMENTATION SCHEDULE
The implementation schedule for the project is presented in Table 2-2. 674
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Table 2-2 HRMP Project Implementation Schedule.
2025
Site
Protection,
Dethatch,
Irrigation,
& Planting
2026
Weed
Management &
Container Plant
Establishment
Year 1
2027
Weed
Management &
Container Plant
Establishment
Year 2
2028
Performance
Monitoring
Year 1
Maintenance &
Monitoring
2029
Performance
Monitoring
Year 2
Maintenance &
Monitoring
2030
Performance
Monitoring
Year 3
Maintenance &
Monitoring
2031
Performance
Monitoring
Year 4
Maintenance &
Monitoring
2032
Performance
Monitoring
Year 5
Maintenance &
Monitoring
Activity
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Site Protection, Initial Dethatch, Cultural Resource Protection Monitoring, and Temporary Irrigation Install Temporary Post-and-Rope Fence &
Signage
✖ •
Weed Dethatching Event (Late Oct to Nov) &
Cultural Resource Protection Monitoring
✖
Install Temporary Irrigation System
(Areas 1, 2 & 4)
✖ •
Native Revegetation Buffer (Area 4) and Drainages in Area 1 Container Planting, Irrigation, & Maintenance Dig Container Planting Basins (Late Oct to Nov)
& Cultural Resource Protection Monitoring
✖ •
Install Nursery Grown Container Plants in Area 4
& Select Drainages in Area 1
✖ •
Supplemental Irrigation of Container Plants •
✖
✖
✖
✖ • • • •
Hand Weeding of Container Planting Basins •
✖
✖
✖
✖
✖
✖
✖
✖ • • • •
Weed Management Buffer (Area 5) Weed Maintenance
Manage Weed Management Buffer (Area 5):
Mow or line trim, as needed to prevent seed set
✖
✖
✖ •
✖
✖
✖ •
✖
✖
✖ •
✖
✖
✖ •
✖
✖
✖ •
✖
✖
✖ •
✖
✖
✖ •
High Priority Invasive Plant Control in All Areas,
As Needed • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 675
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2025
Site
Protection,
Dethatch,
Irrigation,
& Planting
2026
Weed
Management &
Container Plant
Establishment
Year 1
2027
Weed
Management &
Container Plant
Establishment
Year 2
2028
Performance
Monitoring
Year 1
Maintenance &
Monitoring
2029
Performance
Monitoring
Year 2
Maintenance &
Monitoring
2030
Performance
Monitoring
Year 3
Maintenance &
Monitoring
2031
Performance
Monitoring
Year 4
Maintenance &
Monitoring
2032
Performance
Monitoring
Year 5
Maintenance &
Monitoring
Activity
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Pre-Seed Installation Adaptive Weed Management
Irrigated Grow-and-Kill in Areas 1 & 2,
and in adjacent Areas 3, 4, 6 & 7:
Typically, 1 or 2 Weeding Events per Season, for
a total of 4 to 8 events per year, for 2 years
✖
✖
✖
✖
✖
✖
✖
✖
High Priority Invasive Plant Control in All Areas,
As Needed • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Native Seed Collection & Installation
Special Collection of Native Seeds, Seed Bulking,
& Commercial Seed Production
✖
✖
✖
✖
✖
✖
✖ •
Hydroseed Installation in Area 1
✖ •
Broadcast Seed and Cultipacker for Good Soil-
to-Seed Contact in Areas 2 and 5
✖ •
Hand Seed Installation in Areas 3, 4, 6, & 7
✖ •
Maintenance After Seed Installation
Supplemental Irrigation, As Needed in Winter,
and Spring for 1 to 3 Years (No Irrigation in the
Final 2 Years)
✖
✖
✖
✖ • •
Hand Weed, As Needed: Areas 1, 2, 3, 4, 6, & 7 •
✖
✖ •
✖
✖
✖ •
✖
✖ • •
✖
✖ • • • • • •
High Priority Invasive Plant Control in All Areas,
As Needed • • • • • • • • • • • • • • • • • • • •
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2025
Site
Protection,
Dethatch,
Irrigation,
& Planting
2026
Weed
Management &
Container Plant
Establishment
Year 1
2027
Weed
Management &
Container Plant
Establishment
Year 2
2028
Performance
Monitoring
Year 1
Maintenance &
Monitoring
2029
Performance
Monitoring
Year 2
Maintenance &
Monitoring
2030
Performance
Monitoring
Year 3
Maintenance &
Monitoring
2031
Performance
Monitoring
Year 4
Maintenance &
Monitoring
2032
Performance
Monitoring
Year 5
Maintenance &
Monitoring
Activity
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Winter
Spring
Summer
Fall
Remove All Temporary Irrigation
(Late Oct to Nov)
✖
Remove Temporary Fencing if Permanent
Fencing or Other Site Protection Measures are
in Place
✖
Biological Monitoring and Reporting
Crotch’s Bumble Pre-Work Survey ✖
✖
Biological Surveys prior to restoration activity,
as needed (e.g., nesting birds, Dec 1 to Aug 31)
✖
✖
✖
✖ •
✖
✖
✖ •
✖
✖
✖ •
✖
✖
✖ •
✖
✖
✖ •
✖
✖ • • • • • •
Horticultural Monitoring of Weed Phenology &
Native Plant Material Establishment1 BW BW M M M M M M M BW BW M Q M M Q Q M M Q • M M Q • Q Q • • Baseline Pre-Restoration Qualitative Monitoring
(e.g., Photo Points, Veg Cover Estimates) • •
Spring Performance Qualitative Monitoring in
All Areas (e.g., Photo Points, Veg Cover
Estimates)
✖
✖
✖
✖
✖
✖
✖
Spring Performance Quantitative Monitoring in
Areas 1 and 2 (Point-Intercept Line Transects)
✖
Annual Habitat Restoration Monitoring Report
(Due to OCTA by March 15 of Following Year;
Final Report anticipated by March 15, 2032)
✖
✖
✖
✖
✖
✖
✖
✖
✖= Required; • = If necessary; Winter = Jan-Mar; Spring = Apr-Jun; Summer = Jul-Sep; Fall = Oct-Dec; Recommended Monitoring Frequency: Q = monitoring once per quarter; M = monthly; BW = every two weeks; 1 Monitoring may occur more or less frequently, as needed based on project implementation timing, weather, and plant phenology. 677
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2.8.1 REMEDIAL MEASURES
As part of the adaptive management of the project, if the Restoration Specialist determines that an area is not making sufficient progress toward attainment of the success criteria, then the Restoration Specialist shall investigate and provide recommendations for remedial measures.
Remedial measures may include replacement planting, supplemental seeding, adjustments to supplemental watering, or increased weed management activities.
2.8.2 CONTINGENCY MEASURES
If the success criteria are not met in the fifth year of performance monitoring, then the Restoration Specialist shall determine if additional monitoring and maintenance are likely to achieve the success criteria.
If no reasonable and appropriate remedial measures are deemed likely to achieve the goals and success criteria of this plan, the Restoration Specialist—in consultation with the City, OCTA, and the Wildlife Agencies—shall recommend ecologically appropriate contingency actions and/or alternative success criteria.
2.8.3 NOTICE OF COMPLETION
When the project success criteria have been met, the City shall notify OCTA and submit the final performance monitoring report. OCTA is responsible for providing the final project report to the Wildlife Agencies. It is anticipated that the Wildlife Agencies will request the City to provide a tour of the restoration project site. The project will not be deemed complete (or signed off on) until OCTA and the Wildlife Agencies concur that the site has met the necessary success criteria.
2.8.4 LONG-TERM PROTECTION INSTRUMENT
Prior to sign off, the City will place a conservation easement, deed restriction, or other Wildlife Agencies-approved conservation mechanism, in favor of the Wildlife Agencies (or an approved third party), over the project site specifying that the area will be retained in perpetuity as open space for the sole purpose of native habitat conservation. The conservation easement or mechanism language should be approved by the Wildlife Agencies and OCTA prior to its execution. The conservation easement or mechanism shall disclose the obligations of future owners/tenants of the property (OCTA 2012).
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3 RESOURCE PROTECTION MEASURES
3.1 QUALIFIED BIOLOGIST AND APPROVED
BIOLOGIST QUALIFICATIONS
The following definitions describe a qualified biologist and an agency approved biologist:
Qualified Biologist: The minimum qualifications for the Qualified Biologist include a bachelor’s degree in biological or environmental science, natural resources management, or related discipline; field experience in the habitat types that may occur at the project site; familiarity with the listed species (or closely related species) that may occur at the project site; and prior preconstruction survey, construction monitoring, or construction oversight experience.
Approved Biologist: For listed species, such as the coastal California gnatcatcher, least Bell’s vireo, and Crotch’s bumble bee, additional qualifications are required for biologists who would be responsible for species surveying. For this project, the Approved Biologist will have:
• A federal section 10(a)(1)(A) recovery permit for coastal California gnatcatcher surveys
• At least five years’ direct experience with least Bell’s vireo to survey for this species
• Approved by CDFW to survey for Crotch’s bumble bee on the project site Because the qualifications for the Approved Biologist exceed those for the Qualified Biologist, any activity indicated as appropriate for the Qualified Biologist below may also be completed by an Approved Biologist. Where sensitive species may be directly or indirectly impacted by project implementation, the following species protection measures shall be implemented, as appropriate.
3.2 SPECIES PROTECTION
Species surveys will include threatened, rare, or endangered species and breeding/nesting birds.
The City will use survey guidelines provided below or agency- approved survey protocols. All existing resources to be protected will be identified by the City and flagged prior to any project disturbance. This habitat restoration project may have a short-term impact on resources, however there will be a long-term benefit.
3.2.1 COASTAL CALIFORNIA GNATCATCHER
BIO-1, Habitat Avoidance. Project impacts will be avoided or minimized in coastal sage scrub and other vegetation communities suitable for the coastal California gnatcatcher (CAGN). If the Project Proponent determines that the habitat is occupied or that impacts to these habitats cannot be avoided, any possible incidental “take” of CAGN individuals will be avoided or minimized through implementation of the measures listed below.
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BIO-2, Work Window. To avoid or minimize impacts to nesting CAGN, all clearing of nonnative vegetation in CAGN suitable habitat will occur outside of the breeding season (February 15 to August 31). If the breeding season cannot be avoided, a USFWS- Approved Biologist will conduct prework nesting bird surveys no more than 5 days prior to vegetation removal. If no active CAGN nests are found, project activities may proceed.
BIO-3, Work Restrictions Near Active Nests. If an active CAGN nest is detected during the survey, work will be suspended until the end of the nesting season (August 31), or until the young have fledged; alternatively, the following conditions will apply:
a. A USFWS-Approved Biologist will establish a 100-foot disturbance buffer distance between noise-generating project activities and CAGN nest(s). Noise- buffer distances may be modified in coordination with the USFWS Field Office based on project-specific characteristics or a Project Proponent/Action Agency may choose to submit their own analysis and buffer recommendations for USFWS’s consideration.
b. Once the buffer is established, a Qualified Biologist will monitor the nest during construction for signs of adverse effects, including distress/disturbance. If adverse effects are detected, the Qualified Biologist will have the authority to stop all construction activities in the vicinity of the nest and implement additional protection measures.
c. A Qualified Biologist will continue to monitor the nest and will determine when young have fledged (in coordination with a USFWS-Approved Biologist).
Once the USFWS-Approved Biologist has confirmed that the young have left the nest, the buffer and exclusion zone may be removed, and construction activities within these areas may resume.
3.2.2 LEAST BELL’S VIREO
BIO-4, Habitat Avoidance. All staging and temporary construction areas shall be outside of suitable least Bell’s vireo (LBV) habitat and use existing roads, trails, and developed areas to the maximum extent practicable. All riparian vegetation (e.g., mulefat, willows, and cottonwoods) will be avoided.
BIO-5, Work Window. To avoid or minimize impacts to nesting LBV, all clearing of vegetation in occupied habitat or suitable habitat will occur outside the breeding season (March 15 through September 15). If the breeding season cannot be avoided, a USFWS- Approved Biologist will conduct preconstruction nesting bird surveys no more than 5 days prior to vegetation disturbance.
If no active nests are found in the project area, project activities may proceed.
BIO-6, Work Restrictions Near Active Nests. If an active LBV nest is detected during the survey, work will be suspended until the end of the nesting season (September 15), or until the young have fledged; alternatively, the same species-protection measures identified above in BIO-3a-c will apply.
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3.2.3 CROTCH’S BUMBLE BEE
BIO-7, Habitat Avoidance. Impacts to burrows/nests occupied by Crotch’s bumble bee (CBB) will be avoided. CBB has a moderate potential to occur on the project site, thus protocol presence/absence surveys shall be conducted during the flight season and prior to any ground disturbing activities.
BIO-8, Surveys. Presence/Absence Surveys shall be performed by a CDFW-Approved Biologist or entomologist familiar with CBB behavior and life history. Surveys shall be conducted during the flying season (late April through mid-October), when the species is most likely to be detected above ground. Per the CDFW Survey Considerations for Candidate Bumble Bee Species dated June 6, 2023, a minimum of 3 surveys with a 2 to
4-week space between surveys shall be conducted during the colony active period. If no CBB are found on the project site, a project survey report (including negative results) will be provided to CDFW prior to ground disturbing activities. If Crotch’s bumble bee is found on the project site, proponents may propose site-specific measures in coordination with CDFW to avoid take or obtain an Incidental Take Permit.
3.2.4 BURROWING OWL
BIO-9, Avoidance. Burrowing owls (BUOW) are not known to nest at Fairview Park; but are known to occupy the Park in the winter. The restoration activities shall avoid impacts to nesting BUOW and known overwintering locations. If a BUOW is observed on the project site, work shall be suspended, and the Qualified Biologist shall immediately contact CDFW to develop a plan for avoidance prior to initiating any ground disturbance on the project site.
3.2.5 BREEDING / NESTING BIRDS
BIO-10, Avoidance. To the extent feasible, vegetation clearing activities should be scheduled to avoid the bird nesting season (February 15 through August 31). If it is not possible to schedule vegetation clearing activities between September 1 and February 14, then preconstruction surveys for nesting birds will be conducted by a Qualified Biologist to avoid impacts to nesting birds.
BIO-11, Pre-work Breeding/Nesting Bird Surveys will be conducted during the bird nesting season (February 15 through August 31) if vegetation removal or other activities are planned that could violate the California Fish and Game Code and/or the Migratory Bird Treaty Act (MBTA).
A Qualified Biologist will conduct preconstruction breeding/nesting bird surveys no more than 5 days prior to the initiation of any site- disturbance activities that may impact nesting birds, such as vegetation removal, fence installation, and digging. During this survey, the biologist will inspect all vegetation and other potential nesting habitats in the project area for nests. Active nesting is present if a bird is building a nest or sitting in a nest, if a nest has eggs or chicks in it, or if adults are observed carrying food to the nest. If no breeding/nesting birds are observed, work activities may begin. If breeding/nesting birds are observed, the measures described below shall be implemented.
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BIO-12, Work Restrictions Near Active Nests . If an active nest is detected, work will be suspended until the young have fledged or until the end of the nesting season (August 31); alternatively, the following conditions will apply:
a. A Qualified Biologist will establish a disturbance buffer distance between noise-generating project activities and the nest. Noise buffer distances (typically up to 300 feet for raptors and up to 100 feet for other species) will be determined by the Qualified Biologist based upon consideration of the bird species and the nature of the planned project activity. b. If a buffer is established, a Qualified Biologist will monitor the nest during construction for signs of adverse effects, including distress/disturbance. If adverse effects are detected, the Qualified Biologist will have the authority to stop all construction activities in the vicinity of the nest and implement additional protection or avoidance measures.
c. A Qualified Biologist will continue to monitor the nest and will determine when the young have fledged. Once the Biologist has confirmed that the young have left the nest, the buffer and exclusion zone may be removed, and construction activities within these areas may resume.
3.3 CULTURAL RESOURCE PROTECTION
Most of Fairview Park contains sensitive resources, including protected archaeological resources (e.g., indigenous village use area, including CA-ORA-58, a nationally recognized cultural resource historic site), sensitive vegetation communities, and protected wildlife. The CSS & Flower Fields Restoration Project will benefit native plant and wildlife populations by restoring native flower fields and coastal sage scrub habitats, and the establishment of native plant cover will help to protect culturally significant resources by reclaiming informal trails and otherwise reducing soil disturbance.
Disturbance to existing native vegetation/wildlife habitat, and cultural resources will be minimal during project implementation. Nevertheless, actions required for site preparation, such as initial dethatch of nonnative weeds, digging planting basins for container plants, or substantial digging required for the removal of perennial invasive plant species during weed management activities could potentially disturb in situ culturally significant resources or disturb nesting birds in nearby areas. The CSS & Flower Fields Restoration Project will implement avoidance and minimization measures to protect sensitive biological resources through biological monitoring, activity buffers, and adjusting the timing of restoration activities.
Avoiding impacts to culturally significant resources is more complicated and therefore— following guidelines of a separate cultural resource monitoring plan being developed by the City—areas discovered to have artifacts or culturally significant materials at or near the surface will be buffered and excluded from CSS & Flower Fields Restoration Project activities until the appropriate actions can be taken. To provide leeway for this possibility, which could delay or disrupt the overall habitat restoration project, the City has identified a total of 11.91 acres suitable for restoration, so that up to 2.41 acres can
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be temporarily set aside while still providing the outstanding 9.5 acres of mitigation in a timely manner.
3.3.1 MEASURES FOR CULTURAL RESOURCE AVOIDANCE AREAS
If culturally significant materials are discovered within the project area, habitat restoration activities may need to be adjusted to protect and buffer these areas. In such cases, the restoration crew will avoid these locations until the City has determined that it is appropriate to proceed with the Habitat Restoration Management Plan (HRMP) in those areas.
While setting aside areas for cultural resource protection may lead to minor changes in the project's original layout, it is not anticipated to significantly impact the overall goals or the attainment of success criteria for the 9.5 acres of habitat restoration required for OCTA's mitigation credit.
To minimize potential fragmentation and maintain the overall quality of restored habitat areas for wildlife, if cultural resource avoidance affects more than 5 percent (0.6 acres) of the total 11.91 acres of habitat restoration, then the City and OCTA shall consult with the Wildlife Agencies for guidance on any additional measures that will be required to ensure success of the OCTA Project.
This collaborative approach will help ensure any additional measures required for the project's success are properly identified and implemented, balancing the needs of both cultural resource preservation and habitat restoration.
4 GENERAL PROTECTION MEASURES, INITIAL DETHATCHING
EVENT, AND TEMPORARY IRRIGATION SYSTEM
4.1 GENERAL PROTECTION MEASURES
4.1.1 EQUIPMENT
Motorized equipment and hand tools will be used for the initial dethatching event to remove nonnative vegetation from the project area, while avoiding native vegetation. Equipment will include tractors and skidsteers that are mounted with mowers and other vegetation-management equipment. Walk-behind mowers and line trimmers will also be operated by crews to clear nonnative vegetation in areas inaccessible by equipment or have a higher density of native plant species.
Hand shovels and motorized augers will be used to dig planting holes for the container plants to a depth of twice the depth of the 1-gallon container and twice as wide. Prior to planting the hole should be backfilled so that the root crown sits at the height of the surrounding soil level. During the digging operation, a City approved cultural monitor shall be on site, according to guidelines of the cultural resource monitoring plan.
After the initial dethatching event, hand operated tools will be primarily used on the slopes (Areas 1, 6 and 7 on Figure 1-3) but there may be slope areas where it is safe and 684
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appropriate to use wheeled or tracked mowing equipment. Tractors and skidsteers with mowing attachments will be used to manage weed growth in most of Area 2 during the initial phases of the project (site preparation and weed grow-and-kill). Most of Area 5 will be managed with tractors and skidsteers to maintain a weed management buffer during the entire term of the project. In those parts of Areas 2 and 5 where native vegetation or temporary irrigation lines cannot be avoided, however, weeds will be managed using hand operated equipment, such as line trimmers and walk behind mowers, and through targeted use of herbicide. Targeted herbicide applications will occur during the pre-seed installation weed management phase, using either low- pressure backpack spraying equipment or truck-mounted systems (e.g., low-pressure wand attached to a retractable hose mounted on a truck with an herbicide tank that is parked in either the weed management buffer or on an approved City pathway).
Upon completion of the grow-and-kill phase to reduce the nonnative soil seed bank, native seed mixes will be installed in the restoration, enhancement, and native revegetation areas. From this point forward mechanized equipment will no longer be used. Nearly all weed maintenance after seed installation will be completed by crews with hand tools. Line trimmers or herbicide may only be used in highly targeted circumstances, at the direction of the Restoration Specialist, to control major infestations of weeds that cannot feasibly be controlled by any other method.
Areas failing to meet the plant establishment guidelines, or the project success criteria may require remedial actions, including the use of equipment, at the discretion of the Restoration Specialist, within the scope of activities already described here.
4.1.2 PROJECT ACCESS AND STAGING
Vehicles will use existing disturbed and developed areas for access and staging equipment and materials. No new roads will be constructed, as existing pathways will be used for access. All rolling or tracked equipment, including pickup trucks for hauling equipment, crews, and waste material, will travel on the asphalt access road from the parking lot to access the project area (Figure 4-1). Only the equipment necessary to accomplish the tasks will be allowed into the restoration and buffer areas.
Construction equipment, vehicles, and materials will not be placed on planted or seeded areas, on existing native vegetation, or within sensitive habitat. To avoid unnecessary soil disturbance and compaction, no equipment shall access project areas with saturated or ponding soil.
All equipment will be removed from work sites at the end of each day. If equipment is stored at Fairview Park, it must be in a secured location, approved by the City. No equipment shall be stored on the natural areas of the mesa.
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Figure 4-1 Vehicle Access Point and Pathways to Project Area.
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4.1.3 GOOD HOUSEKEEPING PRACTICES
A. Restoration activities will be limited to daylight hours.
B. Restoration work and staging will be restricted to the smallest area practicable in designated work areas, routes, temporary interior access, or the limits of existing roadways/pathways. Prior to initiating restoration activities, fencing or flagging or other practical means will be erected to demarcate the limits of the project activities and exclusion zones, if present. Flagging or fencing will be maintained in good repair for the duration of project activities.
C. Where appropriate, fencing, flagging, or biological monitoring will be used to minimize or avoid disturbance to environmentally sensitive areas and listed species habitat which will include patches of CSS and other sensitive habitat.
D. The spread or introduction of nonnative, invasive species will be avoided. Invasive plant species (e.g., those rated as woody invasive by the Cal-IPC, or local problem species) will be removed from the project site as practicable, using locally and routinely accepted management practices. Invasive plant material will be removed using approved protocols and disposed of at an appropriate upland disposal or compost area in a manner that will not promote their spread. The project will use weed free erosion control materials such as burlap rice straw wattles and certified weed-free mulch, if needed.
E. Vehicle traffic will be confined to existing roads and the proposed access route(s). All machinery must be in good working condition, showing no signs of fuel or oil leaks.
Oil, grease, or other fluids will be washed off at off-site designated wash stations prior to entering the site. Inspection and evaluation for the potential for fluid leakage will be performed daily prior to use. All fuel and chemical storage, servicing, and refueling will be done in an upland staging area or other suitable location with secondary containment to prevent spills from traveling to surface water or drainages.
F. All stockpiles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil.
G. No demolition or construction equipment, materials, or activity shall be placed in or occur in any location that would result in impacts to environmentally sensitive habitat areas, streams, wetlands, or their buffers.
H. All trash and debris shall be disposed in proper trash and recycling receptacles at the end of every workday.
I. Debris shall be disposed of at a legal disposal site or recycled at a recycling facility.
J. The discharge of any hazardous materials into any receiving waters shall be prohibited.
K. All herbicide mixing shall occur in designated work staging areas and conducted in such a manner as all potential spills shall be captured in containment bins. Herbicide 687
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mixing shall not occur within 100 feet of an open body of water. Filling of spray backpacks shall be done in a containment bin to collect any potential spills. Park crews shall have spill kits in their vehicles and all spills shall be cleaned up immediately and all contaminated material properly disposed of off-site.
4.1.4 TEMPORARY FENCE AND SIGNAGE
To identify the CSS & Flower Fields Restoration Project area for the public, temporary perimeter fencing shall be installed by the Restoration Contractor. Yellow rope shall be strung on t-posts or pig-tail posts placed 30 feet on-center, as identified on Figure 1-3.
All-weather signs (preferably anti-graffiti red with white lettering) designating the sensitivity of the habitat shall be placed approximately every 100 feet on the yellow rope to discourage unauthorized entry (e.g., reading “DO NOT ENTER/HABITAT RESTORATION IN PROGRESS”). Educational signage on the environmental benefits of the project shall be placed at the entry to informal trails that are closed to discourage trespassing. The educational signage shall be prepared by the Restoration Contractor and approved by the City’s Fairview Park Administrator prior to installation.
The temporary fencing and signage shall be maintained during the term of the project and shall be removed at the end of the project when it is no longer needed. Temporary fencing shall be maintained in place by the City until permanent fencing or other suitable protective barrier is installed to protect the restored habitat from recreational impacts.
4.1.5 REMOVAL OF TRASH AND DEBRIS
During the implementation of this plan, the Restoration Contractor shall keep the restoration areas free of trash and debris. If large trash items or hazardous items are dumped illegally in the project area, the City shall be responsible for removing the items, including all associated costs.
If a waste bin is placed on site for weed material, it will be in an existing developed area designated by the City, preferably in the parking lot area.
4.1.6 PEST CONTROL
Local wildlife such as rabbits, pocket gophers and other rodents are expected to browse on the plantings and seed material. If the Restoration Specialist determines that the plantings are being jeopardized by wildlife, corrective measures such as organic, non- toxic deterrents and protective fencing/plant cages may be used. Invertebrate pests are rarely a serious problem in this type of habitat restoration project, in which native vegetation appropriate to site conditions is being established.
4.1.7 EROSION CONTROL
To minimize erosion, appropriate control measures will be employed where necessary and may include silt fencing, straw wattles, or similar runoff barriers. Erosion control measures and repairs will be implemented as needed, subject to approval by the Restoration Specialist and the City.
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STRAW WATTLES
Straw wattles are an effective erosion control measure to use on steep slopes that are lacking vegetation that will prevent erosion of bare soil surfaces. The wattles interrupt and slow down water flow on steep slopes and capture sediment that may be within the sheet flow. Biodegradable natural wattles of straw or coir rolls, if needed, should be used, and the netting of the wattles should be of non-plastic, biodegradable material that will break down in the environment over time, such as burlap wrap. Plastic netting can be an entanglement hazard for wildlife. General guidelines for straw wattle spacing are as follows:
• 50-feet apart on slopes flatter than 10:1
• 20 feet apart on slopes that are between 4:1 to 10:1
• 15 feet apart for slopes from 2:1 to 4:1
• 10 feet apart for slopes steeper than 2:1
The wattles should be trenched into the ground at a depth of 2 to 4 inches deep and aligned with slope contours. No daylight should be seen under the wattle if installed properly. Ends of the wattles shall be overlapped by 12 inches and not butted end to end to prevent rilling. Wood stakes that are at least 18 inches long and at least one inch in diameter should be placed at each end and every 4 feet on center, driven in the center of the wattle to anchor the wattle to the slope. Two to three inches of the stake should be left protruding above the wattle. Stakes should be driven perpendicular to the slope.
Straw wattles should be inspected regularly after significant rain events and maintained as needed to ensure adequate sediment holding capacity. Generally, removal of accumulated sediment should occur when the accumulated sediment reaches ¾ of the barrier height. Any damaged or missing wattles should be replaced.
4.2 INITIAL DETHATCHING EVENT
The initial dethatching event will remove the accumulated dead nonnative vegetation material and any new weed growth. Native vegetation will be avoided. The initial dethatching event will be performed in late-October or November to avoid the bird nesting season (February 15 to August 31) and the bumble bee flying season (late April through mid-October). However, if this event occurs during the breeding season an Approved Biologist must conduct species specific surveys according to Section 3.2.
The City shall conduct a Crotch’s bumble bee protocol presence/absence survey according to Section 3.2.3 during the flying season (late April through mid-October) in 2024 prior to implementation of the project to determine if site-specific protection measures need to be developed in coordination with CDFW. If no Crotch’s bumble bee nests are found, then the Qualified Biologist shall record and report incidental observations to CDFW.
The Restoration Specialist will layout project limits for the Restoration Contractor. The weed dethatching will be accomplished by a combination of equipment. Larger areas 689
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without significant native perennial vegetation cover will be mowed with tractors or tracked skidsteers with mowing attachments and placed into windrows (lines of raked thatch) with the same equipment. In areas with more prevalent native perennial vegetation, crews will use hand- held line trimmers and walk behind mowers to avoid impacts to native vegetation during weeding activities. Cut weed material will be hand raked and removed from these areas.
All trash will be removed from the site to properly disposed of off-site either to a recycling facility or at a landfill. All care will be taken to preserve the existing native habitat, and species- protection measures will be followed to avoid and minimize impacts.
The goal of the initial dethatching event is to make the habitat restoration areas more accessible to restoration crews and to encourage germination of weed seed during the two years of irrigated grow-and-kill before seeding in fall 2026. The grow-and-kill method is used to treat (kill) seedlings and new growth before seed set to deplete the existing weed seed bank and to prevent new weed seed from entering the seed bank.
4.3 TEMPORARY IRRIGATION SYSTEM
After the initial dethatching event, and before the onset of significant winter rainfall, a temporary above-ground irrigation system shall be installed by the Restoration Contractor. The system will consist of overhead impact sprinklers arranged head-to- head to provide full coverage in the habitat restoration areas (Areas 1 and 2). In the native revegetation areas (Area 4), bubblers will be placed at each container planting basin.
The City will designate the irrigation water source and preferred alignment for the main supply line. Water used for irrigation must be of good quality with total dissolved solids (salts) at no greater concentration than 500 parts per million (ppm).
4.3.1 OVERHEAD IMPACT SPRINKLER IRRIGATION SYSTEM FOR AREAS 1 AND 2 A temporary above-ground irrigation system for Areas 1 and 2 should include the following features, as appropriate:
• The mainline will have lateral lines and gate-valves to separately manage the different areas or habitats, as necessary, depending on soils and landform. • Sprinkler heads will be tested to accommodate the infiltration rate of the soil and landscape position. The size of the sprinkler heads and application rate will be determined after infiltration is evaluated in each area. • The system will be laid out so that the wetted area from each sprinkler head has no more than a two- to three-foot overlap with adjacent sprinklers. The final layout design will depend on the system water pressure and the size of the sprinkler heads (based on the infiltration rate of the soil). 690
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• Separate valves will be installed to manage overhead impact sprinklers. This is important because it may be required to turn off valves where nesting sensitive bird species are present.
• All impact sprinkler stems will be fitted with on/off ball valves to allow for hose connections and hand watering of container plants at installation and during establishment, as necessary. These valves will also allow specific areas to be shut off, as necessary.
The size of the sprinkler heads and application rate should be determined after infiltration is evaluated for the restoration area. An overhead irrigation system will also be used to germinate and establish seeded material, as appropriate.
4.3.2 AREA 4 BUBBLER IRRIGATION
The bubbler irrigation system in Area 4 will be used to supplement natural rainfall and to help establish nursery grown container plant material for one to two years.
The Restoration Specialist shall approve the irrigation design, layout, and schedules prior to installation of the system and implementation of water events by the Restoration Contractor. The temporary, above ground irrigation system shall have the following design:
• A mainline with lateral lines will be installed with gate-valves to separately manage the areas, as necessary depending on site soils and landforms. • PVC lateral lines shall be laid out from the mainline to individual container plants.
• Full circle bubbler nozzles shall be installed at each planting location. • Individual bubbler nozzles shall be pressure regulating. • The irrigation system shall be fitted with on/off ball valves to allow for hose connections and hand watering of container plants, as necessary. These valves will also allow areas to be shut-off, as necessary.
• Operation of the system will require management by a person with demonstrated previous experience irrigating native vegetation.
4.3.3 IRRIGATION SYSTEM OPERATION
The temporary irrigation system will be manually operated with valve-controlled zones that allow for each area to be irrigated independently. The system in Area 4 will be used, as necessary, to help establish nursery-grown plant material. The system in Areas 1 and 2 will be used for an irrigated grow-and-kill program to reduce the weed soil seed bank for two to three years.
The timing of irrigation events in Area 4 and Area 2 for the container plants will depend on evapotranspiration between irrigation events and soil moisture. In general, the container plants will be irrigated weekly for the first two months and then monthly for the remainder of the first year of establishment with 15 gallons of water provided for 691
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