Yucaipa City Council
May 13, 2024

Agenda Item No. 14

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Landon Kern, Assistant City Engineer �
FOR: City Council Meeting of May 13, 2024
SUBJECT: Amendment No. 1 to the Conservation Services Agreement with the Inland Empire Resource Conservation District
RECOMMENDATION:

That the City Council approve and authorize the City Manager to execute contract Amendment No. 1 to the Conservation Services Agreement between the Inland Empire Resource Conservation District (IERCD) and the City of Yucaipa (City) in the amount of $76,061, for oversight of environmental resource conservation values on 6.19 acres of land at El Dorado Ranch Park as mitigation for the required environmental impacts associated with the construction of several Capital Improvement Program (CIP) Projects.

BACKGROUND:

On October 26, 2009, the City Council approved the acquisition of approximately 334 acres of property consisting of two parcels (APNs. 0321-111-03 and 0321-121-44) from the Wildlands Conservancy for the purpose of preserving the property as open space, conservation easements and passive recreational uses.

On August 8, 2016, the City Council approved a conservation easement (CE) in favor of the IERCD on a 6.19-acre portion of land at El Dorado Ranch Park. The CE was established for the protection of environmental resources and conservation of land for the purpose of environmental mitigation required as a result of the construction impacts to natural resources for the following CIP projects:
• 13th Street at Wilson Creek Bridge
• Avenue D at Wilson Creek Bridge
• 3`d Street at Wildwood Creek Bridge
• Yucaipa Transit Center Channel and Storm Drain Project

The City Council also authorized the amount of $237,577.97 from the FYI CIP Budget to fund the Endowment Agreement between IERCD and the United States Army Corps of Engineers (ACOE) for the required environmental mitigation related to the construction of these projects. The California Department of Fish and Wildlife (CDFW) and other environmental resource agencies also identified environmental mitigation requirements resulting from the construction impacts associated with these proj ects.

In order to establish the implementation of the required environmental mitigation, the City developed a Habitat Mitigation and Monitoring Plan (HMMP) for the 6.19-acre CE. The HMMP is required by the resource agencies to outline the criteria and requirements for the mitigation areas, and to identify the type of mitigation or habitat conservation that is required to mitigate each project. The HMMP also outlines a longer term monitoring plan to ensure that natural habitat conservation is achieved over time as required by the natural resource agencies.

The HMMP identifies the City as the responsible party for the overall responsibility of its requirements. The HMMP also identifies IERCD as the qualified and responsible party for holding the CE and for performing the long-term maintenance, monitoring and reporting requirements of the CE in perpetuity. The City, with oversight from IERCD, has been responsible for the short- term enhancement activities within the 6.19-acre CE. These activities include site preparation, sign installation/maintenance, ongoing removal of non-native plant species, removal of trash and debris and the installation/planting of appropriate native plants.

DISCUSSION:

In 2016, the City officially recorded the CE for the 6.19-acre conservation area and contracted with IERCD for the HMMP implementation. In December of 2016, the City Council approved a Conservation Services Agreement between the City and IERCD, and IERCD has been providing these services in accordance with the executed agreement and HMMP. In September of 2020, the El Dorado fire burned through approximately two acres of the 6.19-acre CE. The damage sustained from the fire resulted in a significant setback to reaching the success criteria identified in the HMMP, specifically the identified requirement to cover 80% of the CE area with native plants.

After the fire and three years of continued monitoring with the hopes that the damaged CE area would restore itself naturally, IERCD staff has determined that additional habitat restoration work will be needed focusing on invasive species control and the facilitation of native plant growth.

Proposed Amendment No. 1 to the Conservation Services Agreement is proposing to extend the time needed for IERCD to implement the required restoration activities until December 31, 2025, unless extended further by both parties by another amendment to the Conservation Services Agreement.

As proposed in Amendment No. 1, the City and IERCD, hereby agree to the required scope of work for restoration activities as follows:

1) Minor supplemental seeding of native plant seed, including supplemental collection of seeds from native plants in the area.
2) Maintenance and monitoring activities, including plant inspection, weed control, plant replacement, and monitoring of the site to ensure that the required success criteria is met during the monitoring period.
3) Reporting activities, including annual reporting of the survival and/or replacement of the percentage of native vegetation, overall visual estimates of the heights of both tree and shrub species and plant species diversity data.

The natural resource agencies may request a site visit to ensure that the mitigation has been implemented correctly. Oversight by IERCD is instrumental for the natural resource agency involvement and in reaching the establishment goals as defined in the HMMP for the five-year monitoring period. If the success criteria is not reached during the five-year monitoring period, the City will continue to be responsible for the maintenance of the conservation area on an annual basis until the success criteria is reached and approved by the natural resource agencies.

FISCAL IMPACT:

The cost associated with the recommendation is included in the adopted FY24 CIP Budget.

Attachments:

1. Conservation Services Agreement

2. Conservation Services Agreement Amendment No. 1

3. IERCD scope of work and cost estimate
Approved by: �"

ATTACHMENT 1

CONSERVATION SERVICES AGREEMENT
This CONSERVATION SERVICES AGREEMENT ("Agreement") is entered into this 12th day of December, 2016 by and between the CITY OF YUCAIPA, a California municipal corporation ("City"), and the INLAND EMPIRE RESOURCE CONSERVATION DISTRICT, a govenunental special district having offices at 25864-K Business Center Drive, Redlands, CA 92374 ("IERCD") (together, "the Parties").

RECITALS
WHEREAS, the City is required under certain regulatory agency permits, for four (4) City projects including the construction of three low flow road crossings and an extension of an existing storm drain project that will impact waters of the United States and State ("Project"), to implement a habitat mitigation monitoring plan at its "El Dorado Mitigation Area;" and WHEREAS, IERCD is a Resource Conservation District formed for the control of runoff, the prevention or control of soil erosion, the development and distribution of water, and the improvement of land capabilities to pursuant to Public Resources Code section. 9151 et seq.; and WHEREAS, IERCD may accept grants of money and conservation easements to carry out its purposes, and may establish and charge fees for services provided upon request pursuant to Public Resources Code sections 9401 et seq.; and
WIIEREAS, the Parties desire to enter into this Agreement to set forth the terms and conditions pursuant to which the IERCD agrees to implement the "IERCD Activities" described in paragraph 1, below.

AGREEMENT
NOW, THEREFORE, in consideration of the above and the mutual covenants, terms and conditions contained hercin, and pursuant to the laws of the State of California, the City and IERCD hereby agree as follows:

1. Activities: The Parties agree that IERCD will implement the following activities, if needed, for a period of five (5) years ("IERCD Activities"): Sections 4.5, 4.6, 4.7, 4.8 and 4.9 of the Habitat Mitigation and Monitoring Plan For Various Flood Control Projects in the City of Yucaipa, San Bernardino County, California prepared by Ruth Villalobos & Associates, Inc. dated June 2015 ("HMMP") and attached hereto as Exhibit A.

This Agreement addresses only the IERCD Activities. The Parties explicitly understand and agree that the agency permits associated with the Project require other mitigation not addressed in this agreement.

2. Funding: The City agrees to pay IERCD the amount of SF,VF,NTY THREE THOUSAND THREE IIUNDERD EIGHTY NINE AND 83/100's DOLLARS ($73,389.83) which is a fee reflecting IERCD's reasonable costs to perform the IERCD Activities for five years (the "Conscrvation Fcc').

3. Amendment: Upon written mutual consent, the Parties, if necessary after the initial five (5) year period, may change, extend, or augment Sections 1 and 2 above for a period of one (1) or more additional years in order to complete the implementation of the HMMP.

4. Mitigation and/or Conservation Responsibility:
a. The Parties explicitly agree that any mitigation for activities of City not covered by this Agreement, including but not limited to any mitigation sct forth in the agency permits not specifically agreed to be conducted by IERCD under this Agreement, or any other regulatory permit issued to City or other changes in mitigation related to the Project, remains solely and entirely the responsibility of City.
b, City agrees that IERCD shall not be responsible to conduct any services except for the IERCD Activities outlined in Section 1, above, even if State of California, Department of Fish and Wildlife ("DFW"), the Regional Watcr Quality Control Board ("Regional Board"), United States Army Corp of Engineers' ("ACOE") and/or any other regulatory agency later modify their respective mitigation requircmcnts.
c. City remains responsible for obtaining final approval from DFW, the Regional Board and ACOE and/or any other regulatory agency for satisfaction of their agency permit conditions, including the approval fiom any relevant agency that the IERCD Activities have met the required success criteria. IERCD agrees to assist City in obtaining approval of the IERCD Activities by the relevant agencies.

5. IERCD as Contractor: IERCD agrees that it shall either perform or contract for the performance of all IERCD Activities required under this Agreement. The City shall have no liability, monetary or otherwise, to any cooperators, subcontractors, providers of services or recipients of service under this Agreement, except to IERCD.

6. When Payrnent Due: The Parties agree that the Conservation Fee is due and payable in full upon the City's receipt of IERCD's invoice therefor, which shall be no later than 14 days after full execution of this Agrccmcnt. IERCD agrees to provide the City with a written letter of receipt no later than 7 days after receipt of the Conservation Fee.

7. Time of Performance: IERCD agrees to begin the IERCD Activities within 60 days of the receipt of City's payment pursuant to Section 5 of this Agreement, or at any later time agreed to in writing by the Parties, provided the Conservation Fee is timely received.

IERCD shall be under no obligation to carry out any of the terms of this Agreement unless and until City tenders the Conservation Fee in full. In the event City does not tender the fee when due, then IERCD shall have no obligation to City whatsoever under this or any other Agreement, whcthcr at law or equity.

8. Cancellation: In the event City, for any reason, no longer desires IERCD to perforin the IERCD Activities, it shall notify IERCD as soon as possible of its intent to cancel this Agreement, including written notice by certified mail. In the event of cancellation after 2 IERCD has begun the IERCD Activities, IERCD shall be allowed to complete any partially performed and unfinished activities as necessary for the protection of the public health, safety, and welfare, and the environment. IERCD shall deduct all expenses accrued as of the date of receipt of the cancellation notice, plus those expenses to complete activities as described in this paragraph from the Conservation Fee and return the balance, if any, to City within 60 days.

9. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows:

To IERCD at:

Inland Empire Resource
Conservation District (IERCD)
25864-K Business Center Drive
Redlands, CA 92374
Attn: Mandy Parkes, District Manager
[email protected]
With a copy to:

Steven M. Anderson
Best Best & Krieger
3390 University Avenue
P.O. Box 1028
Riverside, CA 92502
steven. anderson@bbklaw. coin
To City of Yucaipa at:

City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
Attn: City Manager Ray Casey
Telephone: (909) 797-2489
[email protected]
or to such other address as either party from time to time shall designate by written notice to the other.

10. Controlling. The interpretation and performance of this Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

11. Attorneys' Fees. The Parties shall bear their own attorney's fees and costs.

12. Entire Agreement. This instrument, including exhibits, sets forth the entire agreement of the Parties with respect to the IERCD Activities and supersedes all prior discussions, negotiations, understandings, or agreements relating to the IERCD Activities, all of which are merged herein.

13. Counterparts. This Agreement may be executed in several counterparts and all counterparts so executed shall constitute one agreement, which shall be binding on all of the parties, notwithstanding that all of the parties are not signatory to one original or the same.

C

14. Authority. Each party to this Agreement warrants to the other that it is duly organized and existing and that it and the respective signatories have full right and authority to enter into and consummate this Agreement and all related documents and bind the parties thereto.

15. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties, and shall not be assigned by Consultant without the prior written consent of the IERCD.

16. No Waiver. Failure of the IERCD to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereot' shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquislunent of such other right or power at any other time or times.

17. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

18. Severability. It is intended that each paragraph of this Agreement shall be treated as separate and divisible, and in the event that ally paragraphs are deemed unenforceable, the remainder shall continue to be in frill force and effect so long as the primary purpose of this Agreement is unaffected.

I'L.-►2.. I h
Date --
Denise Hoyt, Mayor
City of Yucaipa
Date Paul Williams, President of the Board
Inland Empire Resources Conservation District
4 Exhibit

HABITAT MITIGATION AND MONITORING PLAN
Various Flood Control Projects in the City of Yucaipa, San Bernardino County, California
Prepared for:

California Department of Fish and Wildlife
Inland Deserts Region
3602 Inland Empire Blvd., Suite C-220
Ontario, CA 91764
Prepared by:

June2015
Ruth Villalobos & Associates, Inc.
3602 Inland Empire Blvd., Suite C-310
Ontario, CA 91764
(909) 685-5942
5 Table of Contents

1.0 INTRODUCTION..............................................................................................1

1.1 Responsible Parties................................................................................1

1.2 Projects...................................................................................................1

2.0 MITIGATION GOALS......................................................................................4

2.1 Type(s) and Area(s) to be Established, Restored, Enhanced and/or Preserved.....................................................................................4

2.2 Functions and Values of Habitat Types(s) to be Established, Restored, Enhanced and/or Preserved....................................................................4

2.3 Time Lapse Between Jurisdictional Impacts and Expected Mitigation Success................................................................................................... 4

2.4 Estimated Total Cost of Mitigation...........................................................4

2.5 Special Aquatic Habitats, Other Waters of the U.S., and Non -Jurisdictional Areas Proposed as Mitigation.................................................................5

2.6 Overall Watershed Improvements to be Gained.....................................5

3.0 DESCRIPTION OF PROPOSED MITIGATION SITE......................................6

3.1 Site Selection Process............................................................................6

3.2 Location and Size of Mitigation Site........................................................6

3.3 Ownership Status....................................................................................6

3.4 Existing Functions and Values of the Mitigation Site...............................6

3.5 Jurisdictional Delineation Summary ........................................................7

3.6 Present and Proposed Uses of the Mitigation Site and All AdjacentAreas........................................................................................7

3.7 Reference Site(s)....................................................................................7

3.8 Soils........................................................................................................7

3.9 Vegetation...............................................................................................7

3.10 Hydrology................................................................................................8

4.0 MITIGATION SITE IMPLEMENTATION PLAN...............................................9

4.1 Basis for Success....................................................................................9

4.2 Responsible Parties................................................................................9

4.3 Financial Assurances..............................................................................9

4.4 Implementation Schedule
......................................................................10

4.5 Site Preparation....................................................................................10

4.6 Planting Plan.........................................................................................11

4.7 Irrigation Plan........................................................................................12

4.8 Signage................................................................................................. 12 4.9
As -Built Conditions................................................................................12

5.0 MAINTENANCE ACTIVITIES DURING THE MONITORING PERIOD .......... 13

5.1 Maintenance Activities..........................................................................13

5.2 Responsible Parties..............................................................................15

5.3 Maintenance Schedule..........................................................................16

6.0 MONITORING PLAN AND DOCUMENTATION............................................17

6.1 Performance Standards, Target Dates, and Success Criteria...............17

6.2 Target Functions and Values................................................................17

6.3 Target Hydrological Regime..................................................................17

6.4 Target Jurisdictional and Non -Jurisdictional Acreages to be Established, Restored, Enhanced and/or Preserved.................................................18

6.5 Monitoring Methodology........................................................................18

6.6 Monitoring Schedule.............................................................................18

6.7 Annual Monitoring Reports....................................................................19

7.0 COMPLETION OF COMPENSATORY MITIGATION....................................20

7.1 Notification of Completion.....................................................................20

7.2 Agency Confirmation.............................................................................20

8.0 CONTINGENCY MEASURES.......................................................................21

8.1 Initiating Procedures.............................................................................21

8.2 Alternative Locations for Contingency Compensatory Mitigation ..........21

8.3 Funding Mechanism..............................................................................21

8.4 Responsible Parties..................................,...........................................21

LIST OF TABLES

1. Summary of Permanent Jurisdictional Impacts................................................3

2. Upland Riversidean Sage Scrub Plant Community Plant Pallet.....................11

3. Maintenance Schedule...................................................................................16

4. Upland Habitat Mitigation Site Performance Standards.................................17

LIST OF EXHIBITS

1. Location Map....................................................................................................1

2. Avenue D — Low Water Crossing Photographs........... ..................................... 2

3. 13th Street — Low Water Crossing Photographs
...............................................2

4. Transit Center Photographs.............,...............................................................3

5. Aerial Photograph of El Dorado Mitigation Area
...............................................6

6. El Dorado Mitigation Area Photographs...........................................................6

7. Jurisdictional Waters........................................................................................8

8. Soils Map.............................................................,.............................,.............7

9. Plant Communities...........................................................................................7

10. Designated Mitigation Sites......,.....................................................................10

1.0 INTRODUCTION
This Habitat Mitigation and Monitoring Plan (HMMP) has been prepared in accordance with California Department of Fish and Wildlife (CDFW) streambed alteration regulationsto offset the unavoidable impacts associated with storm water management projects in the City of Yucaipa, CA. The HMMP contains the methods to be used during implementation of the compensatory mitigation.

1.1 Responsible Parties
Applicant Name:

City of Yucaipa
Public Works Department
34272 Yucaipa Blvd
Yucaipa, CA 92399
Contact: Fermin Preciado
City Engineer
Phone: (909) 797-2489
Email:[email protected]
Inland Empire Resource Conservation District
25864-K Business Center Drive
Redlands, CA 92374
Contact: Mandy Parkes
District Manager
Phone: (909) 799-7407
Email: [email protected]

1.2 Projects
Agent Name:

Ruth Villalobos &Associates, Inc.
3602 Inland Empire Blvd, Suite C-310
Ontario, CA 91764
Contact: Ruth Villalobos
Phone: (909) 685-5942
Email: [email protected]
The City of Yucaipa has four projects including the construction of three low flow road crossings and an extension of an existing stormdrain project that will impact waters of the U.S, and State. One of the low flow road crossings, the 3`' Street Low Water Crossing, was previously approved, constructed and mitigated. The mitigation area lies between the mitigation areas for the Transit Center Storm Drain Facility and the 13u' Street and Avenue D Low Water Crossings. The City is including the fourth project in the Conservation Easement to ensure the drainage is monitored and maintained in a consistent manner. Exhibit 1 shows the location of each of the project sites, as well as the El Dorado Mitigation Area. All four projects will be mitigated by the City with the preservation and enhancement of superior jurisdictional waters within the City -owned 334-acre El Dorado Mitigation Area. The following provides a brief summary of the project, the location of each project site, and the jurisdictional feature to be filled by habitat type.

1.2.1 Avenue D Low Water Crossing
27761.00008\26237013.4 4

Project Location
The Avenue D Low Water Crossing site is located approximately 1.25 miles northeast of Interstate 10 and 0.25 miles south of Yucaipa Boulevard. The project site includes the section of D Street between 10th and 11 to Street in the City of Yucaipa, San Bernardino County (see Exhibit 1).

Project Description
The Avenue D low water crossing project consists of elevating the existing 50-foot wide "at grade" low water crossing of Avenue D within Wilson Creek to construct a bridge/box culvert in order to reduce current flooding deficiencies. The culvert is comprised of a three -barrel 19.5'-wide x 13.5'-high reinforced concrete box culvert (RCB) with concrete invert linings and concrete wing -walls on the upstream and downstream sides.

Additionally, ungrouted riprap channel lining will extend downstream of Avenue D. The total length of the proposed channel improvements will extend a total of 425 linear feet along the existing channel alignment. The total length of the resulting street improvements will be 600 feet for Avenue D. The RCB will be designed to maintain the ultimate channel hydraulics as required by the San Bernardino County Flood Control District (SBCFCD). Exhibit 2 provides a series of photographs documenting existing site conditions.

Summary of Impacted Areas
The project will permanently change the composition of approximately 0.43 acre (4251inear feet) of State jurisdictional waters at the site of the low flow crossing.

However, the primary flow, grade and size of the channel will not change. The project will not result in net loss of Waters of the U.S. or State, and the project will not result in a significant permanent loss of stream function.

Operations and maintenance will be conducted periodically to clear trash, sediment, and debris from the facility and to make minor repairs to the structure. The District Engineer will approve a maintenance baseline based on the approved or constructed capacity of the low water crossing.

Table 1 at the end of Section 1 provides a summary of impacts for all projects.

1.2.2 13"' Street Low Water Crossing
Project Location
The 13th Street Low Water Crossing is located approximately 0.37 miles northeast of Interstate 10 and 0.4 miles south of Avenue E. The project site includes the section of 13th Street between Fairmont Street and Texas Drive in the City of Yucaipa, San Bernardino County (see Exhibit 1).

Project Description
27761.00008\26237013.4

The proposed low water crossing project consists of elevating the existing 50-foot wide "at grade" low water crossing of 13th Street to construct a bridge/box culvert in order to reduce current flooding deficiencies. The culvert is comprised of a three -barrel 22'-wide x 13.5'-high reinforced concrete box culvert (RCB) with concrete invert linings and concrete wing -walls on the upstream and downstream sides. Additionally, ungrouted riprap channel lining will extend downstream of 13th Street. The total length of the proposed channel improvements for the culverts will extend a total of 380 linear feet along the existing channel alignment. The total length of the resulting street Improvements will be 600 feet along the current alignment of 13th Street. The RCB will be designed to maintain the ultimate channel hydraulics as required by the San Bernardino County Flood Control District (SBCFCD). Exhibit 3 provides a series of photographs documenting existing site conditions.

Summary of Impacted Areas
The project will permanently change the composition of approximately 0.43 acre (380 linear feet) of State jurisdictional waters at the low flow crossing. However, the primary flow, grade and size of the channel will not change. The project will not result in net loss of Waters of the U.S. or State, and the project will not result in a significant permanent loss of stream function.

Operations and maintenance will be conducted periodically to clear trash, sediment, and debris from the facility and to make minor repairs to the structure. The District Engineer will approve a maintenance baseline based on the approved or constructed capacity of the low water crossing. The facility will be maintained at the District Engineer's approved baseline level.

1.2.3 3`d Street Low Water Crossing
Project Location
The 3`d Street Low Water Crossing is located approximately 1.4 miles east of Interstate 10 and 0.11 mile south of Wildwood Canyon Road, and 0.5 mile west of California Street. The project site is located in the City of Yucaipa, San Bernardino County and includes 3`d Street over Wildwood Creek and areas immediately upstream and downstream of the 3`d Street.

Project Description
The low water crossing project was constructed in 2006 and consisted of elevating the then existing 34-foot wide "at grade" low-water crossing of 3`d Street within Wildwood Creek to construct a box culvert in order to eliminate the existing low-water crossing and reduce flooding deficiencies. The culvert was constructed with a three barrel 13 foot wide by 14 foot high reinforced concrete box with riprap invert linings and concrete wingwalls on the upstream and downstream creek sides. Riprap invert (channel 27761.00008\26237013.4 6

bottom) linings and wingwall transition structures extend approximately 45 linear feet upstream and downstream of the culvert. The total length of the channel improvements for the culvert extends a total of 240 linear feet along the existing channel alignment.

The RCB was designed to maintain the ultimate channel hydraulics as required by the SBCFCD.

Summary of Impacted Areas
The project permanently changed the composition of approximately 0.33 acre (240 linear feet) of State jurisdictional waters at the low flow crossing. However, the primary flow, grade and size of the channel did not change. The project did not result in a net loss of Waters of the U.S. or State, and the project did not result in a significant permanent loss of stream function.

Operations and maintenance are conducted periodically to clear trash, sediment, and debris from the facility and to make minor repairs to the structure. The maintenance baseline is based on the approved design and constructed capacity of the low water crossing. The facility is being maintained at the constructed baseline level.

1.2.4 Transit Center Storm Drain Facility
Project Location
The project area is located north of the Yucaipa Boulevard, northeast of Yucaipa City Hall, south of the Chapman Heights golf course, and west of 5t�' Street. The vicinity surrounding the project site is developed with commercial, institutional and residential land uses. The project site can be found on the U.S. Geological Survey (USGS) Yucaipa 7.5 Minute Series quadrangle within Section 35 of Township 1 South, Range 2 West (see Exhibit 1).

Project Description
The project consists of extending an existing 54-inch reinforced concrete pipe (RCP) storm drain for approximately 470 linear feet within the project area. The existing headwall located east of 5th Street will be removed and replaced with a transition structure that will connect the new pipe to the existing pipe. A new headwall and concrete energy dissipater/splash pad will be installed at the end of the fill area.

Approximately 30,000 cubic yards of material will be imported to the site for backfill of the new storm drain. Exhibit 4 provides a series of photographs documenting existing site conditions.

Summary of Impacted Areas
The project will result in a total disturbance area of 0.38-acre. Of the total construction disturbance area there will be 0.19-acre of permanent impacts and 0.19-acre of temporary impacts to jurisdictional waters by way of extending the existing storm drain 27761.00008\26237013.4 7

pipe and filling in the deeply incised channel.

Operations and maintenance wilt be conducted periodically to clear trash, sediment, and debris from the facility and to make minor repairs to the structure. The District Engineer will approve a maintenance baseline based on the approved or constructed capacity of the low water crossing. The facility will be maintained at the District Engineer's approved baseline level.
i ame i: summary or rermanent jurisaictionai impacts
:::CDF..W Impacts
Pro`ects:

Temporary
Avenue D LWC

0.43 0.00
13 Street LWC

0.43 0.00
3 Street LWC

0.33 0.00
Transit Center

0.19 0.19
Totals

1.38 0.19

2.0 MITIGATION GOALS
The goal of mitigation for each of these projects is to replace the temporary and permanent impacts to waters of the U.S. and State by permanently preserving similar or superior habitat upstream within the same watershed at the 334-acre El Dorado Mitigation Area. Exhibit 1 shows the location of the El Dorado Mitigation Area in relationship to the project sites.

2.1 Type(s) and Area(s) to be Established, Restored, Enhanced and/or Preserved
The mitigation program consists of the permanent preservation and enhancement of

6.19acres of waters of the U.S./waters of the State. The breakdown of mitigation acreage for impacts to each mitigation site is listed below:
• Preservation and enhancement for permanent impacts to 0.43 acres of intermittent streambed for a total of 2.15 acres of ephemeral streambed for Avenue D LWC
• Preservation and enhancement for permanent impacts to 0.43 acres of intermittent streambed for a total of 2.15 acres of ephemeral streambed for 13th Street LWC
• Preservation and enhancement for permanent impacts to 0.33 acres of intermittent streambed for a total of 0.56 acres of ephemeral streambed for 3`d Street LWC
• Preservation and enhancement for permanent impacts to 0.19 acres of ephemeral streambed and for temporary impacts to 0.19 acres for a total of 1.33 27761.00008\26217013.4 8

acres for the Transit Center

2.2 Functions and Values of Habitat Types to be Restored or Preserved The habitat types to be permanently preserved and enhanced are unconstrained natural habitats that reflect the function and values of the habitat to be impacted. Habitats to be impacted are constrained by the presence of existing road base at the two low water crossings and by an existing storm drain (54-inch reinforced concrete pipe), Natural streambed habitat/riparian habitat at all these existing facilities is minimal and principally consists of re -contoured ephemeral streambed habitat that functions to convey water during storm events but that does not support in -stream wildlife habitat or riparian habitat. Habitat types to be permanently preserved and enhanced are healthy riparian habitats and associated habitats found along natural drainage courses that convey storms to Wilson Creek and that provide wildlife habitat and wildlife movement corridors through the upper Yucaipa watershed,

2.3Time Lapse between Jurisdictional Impacts and Expected Mitigation Success The proposed mitigation sites to be preserved and enhanced are currently owned by the City of Yucaipa and require minimal enhancement to be fully functional. Their permanent preservation, through the recording of a Conservation Easement, will occur within 18 months of the acceptance by the regulatory agencies of the mitigation proposed under this HMMP.

2.4Estimated Total Costs of Mitigation
The estimated cost of permanently preserving the mitigation sites is approximately $5,000to
record the Conservation Easement. Costs to design and implement enhancement actions of the natural streambed habitattriparian habitat areas within each mitigation area are $25,000 (subject to change and based on contractor fees).The City will assume overall responsibility for the enhancement activities within the Conservation Easement. During the initial five-year mitigation and monitoring period, the City will perform invasive species removal, trash removal and clean-up, signage maintenance and replacement. Thereafter, the IERCD will be responsible for holding the easement, as well as management, biological monitoring, invasive species removal, trash removal and clean-up, signage maintenance and replacement, annual financial review and annual reporting of the Conservation Easement in perpetuity. The City will assume the responsibility of funding the Endowment Management Agreement between the U.S.

Army Corps of Engineers and the IERCD by establishing a non -wasting endowment for the remaining balance of approximately $240,000.

2.5 Special Aquatic Habitats, Other Waters of the State, and Non -Jurisdictional Areas Proposed as Mitigation
No special aquatic habitats or other waters of the State are proposed as mitigation. 27761.00009\26237013.4 9

Enhancement of riparian and associated habitat areas on the slopes of the deeply incised channels that convey storm waters into the bottom of the ephemeral drainages is proposed as part of the mitigation program and is considered an integral part of the maintaining the function and value of the ephemeral drainage.

2.64verall Watershed Improvements to be Gained
The watershed will gain permanent protection and increased function of the ephemeral drainages within the upper reach of the Yucaipa watershed because the impacted areas are very limited in extent and heavily constrained by the presence of existing flood control facilities.
27761.00008\26237013.4 10

3.0 DESCRIPTION OF PROPOSED MITIGATION SITE

3.1 Site Selection Process
The proposed Mitigation Area was selected based on hydrology, soils, and location within the watershed. The Mitigation Area is located on an alluvial fan at the base of the San Bernardino Mountains in the upper reach of the Yucaipa Watershed and supports Wilson Creek and its numerous tributaries. This dynamic and natural system of a perennial/intermittent streambed and ephemeral streambeds collect and convey waters from the upper elevations of the Yucaipa watershed, across the City of Yucaipa, down into the City of Redlands and San Timoteo Creek which joins the Santa Ana River that carries flows to the Pacific Ocean. Preservation and enhancement of the Mitigation Area will contribute to maintaining the integrity and functionality of the Yucaipa watershed.

3.2 Location and Size of the Mitigation Site
The El Dorado Mitigation Area is a 334-acre open space and conservation site that will be used by the City of Yucaipa for multiple existing and future mitigation requirements for public works projects as a part of the City's Capital Improvement Program (CIP).

The El Dorado Mitigation Area is located north of Oak Glen Road, south of Carter Street, and one mile east of Jefferson Street in the City of Yucaipa, San Bernardino County, California (Assessor's Parcel Numbers (APNs) 0321-111-03 and 0321-121-44), (Exhibit5). Land uses adjacent to the subject property include agriculture, rural residences, and open space for hiking/equestrian recreational uses (Exhibit 5). ingress and Egress to the site is controlled with gates to prohibit unauthorized access within the

6.19-acre El Dorado Mitigation Area. Access is prohibited around the perimeter of the larger 334-acre area by a combination of the terrain, fencing, k-rails, gates, and boulders (ExhibitslOa and 10b). The City parks staff is also onsite daily inspecting and performing routine maintenance activities within the open space area.

3.3 Ownership Status
The El Dorado Mitigation Area is owned by the City of Yucaipa.

3.4 Existing Functions and Values of the Mitigation Site The El Dorado Mitigation Area is relatively undeveloped. It was previously owned and managed by The Wildlands Conservancy and the Yucaipa Valley Conservancy.

Historically, the area was used as rangeland and for dryland grain production.

Development adjacent to the mitigation area is limited to a single residence and associated ranch buildings on APN 0321-1212-144. The surrounding areas to the north, east, and west are open and undisturbed. In the agreement between the City and the Conservancies, the majority of the surrounding area will also be set aside in a Conservation Easement to preserve them in perpetuity for open space and conservation opportunities. Wilson Creek and its tributaries convey flows across the subject property in an east -west direction from the base of the foothills of the San Bernardino Mountains 27761_00008\26237013.4 11

across the Yucaipa watershed. Downstream of the Yucaipa watershed, the waters flow into San Timoteo Creek before reaching the Santa Ana River that conveys water to the Pacific Ocean. Wilson Creek and the larger ephemeral drainages support riparian habitats, principally oak woodlands. Existing functions and values of the Mitigation Area include wildlife habitat, flood storage, and water quality/nutrient cycling. These functions have been minimally impacted by the historic use of the upland areas of the site for pasture lands and production of grain crops. The resulting invasion of non- native grasses with the abandonment of these upland areas and slopes of the ephemeral drainages has not impaired the capability for conveying water into the drainages but has impaired their value for wildlife use. Photographs of Wilson Creek, ephemeral drainages, riparian habitats and other associated habitat found within the Mitigation Area are provided in Exhibits 6A and 6B.

3.5 Jurisdictional Delineation Summary
Within the Mitigation Area, Wilson Creek is a jurisdictional water of the U.S. and a California Department of Fish and Wildlife (CDFW) jurisdictional streambed. Waters within Wilson Creek originate northeast of the mitigation area in the foothills of the Yucaipa watershed and eventually flow southwest into Yucaipa Creek, which joins with San Timoteo Creek, a tributary of the Santa Ana River. The Wilson Creek channel appears to follow its natural drainage course through the mitigation area. Numerous ephemeral channels originate on the property, collect sheet flow from the surrounding areas and convey the flows to Wilson Creek (Exhibit 7).These ephemeral drainages support oak woodlands, riparian plant communities and other associated habitat.

3.6 Present and Proposed Uses of the Mitigation Site and All Adjacent Areas The present use of the Mitigation Area is undeveloped land on an alluvial fan at the base of the San Bernardino Mountains. The City of Yucaipa is currently, and will in the future, use the Mitigation Area to fulfill mitigation obligations for numerous public works projects. Adjacent areas consist of open space, unimproved roads, Wilson Creek and its tributaries which continue off the site to the west, and a few scattered rural residents.

The proposed use of the Mitigation Area would be the permanent preservation and enhancement of the upper reaches of Wilson Creek, its tributaries, ephemeral drainages, that collect flood waters and convey them to Wilson Creek, and the associated riparian habitats that also provide habitat value for riparian species and wildlife movement from the San Bernardino Mountains south across the San Gorgonio Pass into the Badlands in Riverside County.

3.7 Reference Site(s)
The existing ephemeral drainages and natural streambed habitat/ riparian habitat located throughout the northern portion of the Mitigation Area will serve as the reference sites.
2776 1.00008126237013.4 12

3.8 Soils
The soils within the Mitigation Area as mapped by the NRCS are Greenfield sandy loam, Oak Glen gravelly sandy loam, Saugus sandy loam, Oak Glen sandy Loam, Soboba gravelly loamy sand, and Tollhouse sandy loam (Soil Survey for the San Bernardino County southwestern Part, CA 677) (Exhibit 8). All of these soils are non- hydric soils per the NRCS National Hydric Soils List.

3.9Vegetation
The vegetation habitats observed within the Mitigation Area include: Buckwheat - dominated Coastal Sage Scrub, Non-native Grassland, Annual Grassland, Oak Woodland, Southern Arroyo Willow Riparian, Mule Fat Scrub, other riparian habitats (CDFW associated waters of the State) and Rude ral/Disturbed. (Exhibit 9)

3.10 Hydrology

3.10.1 Drainage Area
The mitigation area is located in the Yucaipa sub -basin, within the Santa Ana River watershed (hydrologic unit 180.70.203). The Yucaipa sub -basin area covers approximately 40 square miles in San Bernardino County (California Groundwater Bulletin 18). Wilson Creek receives surface flows from the surrounding foothills.

Precipitation within the Mitigation Area sheet flows into the various ephemeral channels and is directed into Wilson Creek. Numerous small swales and washes also exist throughout the Mitigation Area and convey flows during heavy rain events.

3.10.2 Potential Jurisdictional Waters of the State
The CDFW jurisdictional streambed of the Creek extends above the OHWM to the top of the deeply incised drainages where vegetation changes to non-native grasses at the top of the drainage. The CDFW streambed is 2,089 feet long and the average width isapproximately150feet. Riparian habitat and other associated habitat within the drainages consists of scattered elderberry trees on the drainage's slopes where the upper reaches of the drainages and transitions into oak woodlands in the middle and lower reaches of the drainages. The oak woodlands within the Mitigation Area, extends to the west of the Mitigation Area for about 1,000 feet where it joins with the oak woodland habitats associated with the various unnamed drainages in the southern part of the Mitigation Area. A 3-acre patch of southern arroyo willow riparian habitat occurs along Wilson Creek at the eastern boundary of the Mitigation Area. 27761.00008\26237013.4 13

4.0 MITIGATION SITE IMPLEMENTATION PLAN

4.1 Basis for Success
The mitigation program is expected to be successful for the following reasons; (1) the Mitigation Area is located at the base of the San Bernardino Mountains on a large, undeveloped alluvial fan that has a natural drainage course, Wilson Creek, and its numerous tributaries that collect and convey waters from the San Bernardino Mountains, cross the mitigation site and continues to the west where it joins Yucaipa Creek that eventually drains into San Timoteo Creek and the Santa Ana River; (2) preservation of the Mitigation Area will ensure the continued use of this natural drainage system to convey water through the Yucaipa watershed; (3) the plant palette selected includes a mixture of locally present streambed habitat and riparian species and; (5) the HMMP allows for adaptive management and remedial action, if necessary; and (6) a qualified restoration ecologist knowledgeable in native plant vegetation will supervise the implementation, maintenance, and monitoring of the mitigation.

Mitigation within the El Dorado Mitigation Area will be achieved through the preservation and enhancement of the ephemeral drainages. These ephemeral channels, as well as Wilson Creek, support extensive oak woodland habitats along the majority of their length.

4.2 Responsible Parties
The City of Yucaipa will maintain the management authority for ensuring the successful implementation of all mitigation activities. The Conservation Easements are being recorded as part of the Land Acquisition agreement executed by the City and the sellers (The Wildlands Conservancy and Yucaipa Valley Conservancy) when the property was acquired by the City to ensure the mitigation areas would be held in perpetuity.

The City will be responsible for the enhancement activities for these projects within the

6.19 acre Conservation Easement area includes site preparation, ongoing removal of non-native plant species, removal of trash and debris, and the installation of appropriate container and stock seed mixes and a five year monitoring period.

The IERCD will hold the easement as approved by the U.S. Army Corps of Engineers and will be responsible for the long-term management (after the success criteria have bneen approved by the regulatory agencies), monitoring and reporting of the Conservation Easement in perpetuity.

4.3 Financial Assurances
All costs associated with implementation of the mitigation program, as well as cost for the long-term management of the preservation areas, are the responsibility of the City of Yucaipa. This was done previously with the Wildwood Basin Project and the Oak Glen Creek Basin Project approved by the California Department of Fish and Wildlife. 27761.00008\26237013.4 14

The City knowingly and willingly accepted the requirements of the compensatory mitigation required by CDFW. The City of Yucaipa will maintain the management authority for ensuring the successful implementation of all mitigation activities including all long term management cost. One Conservation Easement, comprised of the four collective project impact areas, is being recorded as part of the Land Acquisition Agreement, executed by the City and the sellers of the El Dorado site when the property was acquired by the City, to ensure the mitigation areas would be held in perpetuity.

The City will have the responsibility for monitoring the enhancement actions within the mitigation area. The IERCD has agreed to hold the easement and is a local CDFW- approved conservation entity.

All costs associated with implementation of the mitigation program, as well the as costs for the Long -Term Management Plan of the preservation areas, are the responsibility of the City of Yucaipa. The City is a municipal corporation in the State of California. The City is under control of a five -member City Council elected by the citizens of the City. It is administered by a City Manager. The City continues to maintain a strong financial condition as a result of a long—term fiscally conservative budgeting, and the expedient reallocation of resources to meet the needs of the community. The approved Fiscal Year 20/5/2016 Capital improvement Project (C1P) budget includes funds for these drainage projects to adequately fund the Long Term Management Plan requirements as required. The United States Army Corps of Engineers has agreed to enter into an Endowment Agreement with the IERCD in the amount of $237,577.97 for IERCD to hold, manage, monitor and report on the easement. These funds include costs for biological monitoring, oversight for invasive species removal, annual financial review and annual reporting during the initial five-year period and the perpetual management, maintenance, monitoring, and reporting of the conservation area thereafter.

4.4 Implementation Schedule
Conservation Easement will be recorded within 18months for each mitigation parcel designated below and as Illustrated on Exhibits 10a and 10bfor a particular flood control project. For each mitigation parcel, the City will inspect the site and prepare and implement a revegetation plan, where appropriate, for enhancing the riparian and other associated habitat found within each mitigation parcel within 12 months after issuance of the permits. The City will provide oversight of the revegetation and invasive species removal. The City will provide annual financial review and annual reporting. The City is expected to provide:

1. Project Biologist.

2. Contract with a native seed supplier at least 3 months prior to planting to determine stock availability.

3. A qualified restoration ecologist with experience in habitat enhancement projects for installation.
27761.000OW6237013.4 15

Planting, if required, should occur after the first rains between October 1 and April 30 to take advantage of the winter rainy season, cooler temperatures, dormancy of foliage, and rooting period to ensure optimum survival of plantings.

4.5 Site Preparation
Site preparation activities, where needed, consist of: (1) weed eradication; and (2) preparing planting holes for container stock, if recommended. Site preparation will be conducted outside of the avian nesting season (March 15 thru August 31), if possible. If project activities cannot avoid the avian nesting season, the City must adhere to any nesting bird survey requirements specified in the regulatory permits.

4.5.1 Weed Eradication
Undesirable exotic plants/non-native species will be eradicated from the slopes of the deeply incised channels. In the southern part of the Mitigation Area, the Coastal Sage Scrub (CSS) habitat has been subjected to grading and other agricultural activities and, as a result, has been replaced with non-native grasses. The introduced non-native grasses are also beginning to invade some the riparian and other associated habitat areas within the ephemeral channels. The eradication of non-native species on the slopes of the incised channels shall be performed by hand, by the use of herbicides, or by other methods approved by a qualified biologist or restoration ecologist. The type, quantity, and method of herbicide application will be approved by an Environmental Protection Agency (EPA) representative who will inspect the site, write project recommendations, and submit the same to the qualified biologist for approval.

A qualified biologist will direct the Contractor regarding the selection of target weed species, their location, and the timing of weed control operations to ensure that native plants are avoided to the extent possible.

4.5.2 Preparing Planting Holes for Container Stock
Where container stock plants are recommended, planting holes will be required. Each planting hole must be dug to measure two times the diameter and two times the depth of the container for all 1-gallon container plants and larger, using an auger or other method. Planting holes will be prepared under the direction of the qualified biologist.

4.6 Planting Plan
As noted above, native vegetation typical of the riparian and other associated vegetation found on the plateaus will be used to revegetate areas cleared of non-native species. Where possible, seeds should be obtained from randomly selected native plants occurring locally within the Yucaipa watershed. Where container stock is recommended, plants will be purchased from a reputable native plant nursery.

4.6.1 Plant and Seed Pallets
27761.00008\26237013.4 16

The native plant pallet will include plant species that occur in the natural streambed and riparian habitats found within the Mitigation Area. Table 2 below, summarizes the types and quantity of seeds to be applied and/or plants to be installed for each mitigation area.
2 776 1.00008\26237013.4 17

Table 2: Riparian Plant Community Plant Pallet
Scientific Name
Common Name.
tbs lAcre
PLS�`
Quani�fy
Acmis on laber
Deerweed
3 0.09
Artemisia californica
California Sagebrush

0.1 0.003
Bromuscarinatus
California Brome
5 0.15
Encellafarinosa
Brittlebush

1.5 0.04
Eriogonumfasciculatum
California Buckwheat
1 0.03
Erio h llumconfertiflorum var. confertiflorum
Golden Yarrow

0.2 0.01
Salvia mellifera
Black Sae
1 0.03
Trifoliumalbo ur ureum
Rancheria Clover
3 0.09
Total

14.8 0.44
`Pure Live Seed

4.6.2 Planting Container Stock
The qualified biologist must be onsite to identify planting locations and ensure that plantings are installed in a natural pattern.

All appropriate container -grown plants must be inoculated with mycorrhizal fungi prior to delivery to the mitigation site. Plants inoculated with mycorrhizal fungi increases the success of the revegetation effort in disturbed or degraded soils.

Container stock will be planted, if required, in each preservation area. All container stock must be soaked the day before planting. Previously prepared planting holes will be thoroughly watered the day before planting. The hole will be backfilled with native soil to proper planting depth. The container will be upended into the palm of the hand to avoid damage to the root structure and placed in the planting hole. The top of the root ball will be set one inch above finished grade. The planting hole will be backfilled with native soil.

A three-inch high, hand compacted earth berm, approximately 36 inches in diameter, will then be constructed around each container plant. This watering basin will be maintained until the plants are no longer irrigated. Mulch will be applied as a top dressing, 2 to 3 inches thick, but must not come in contact with the stem of the plant.

Container stock will be watered immediately after installation.

4.7 Irrigation Plan
When natural hydrology is inadequate to ensure survival of installed plantings, supplementary irrigation must be provided. If necessary, supplementary irrigation should be provided as needed for a minimum of two years after installation of the plants.

Irrigation should then be phased out during the fall/winter of the second and third year unless severe conditions threaten survival of the plantings. All plants must survive and grow for at least two years without supplemental water for the restoration site to be 27761.00008\26237013.4 18

eligible for sign -off.

4.8 Signage
Appropriate signage must be placed at regular intervals around the perimeter of each mitigation area to restrict access. The sign should include a contact number to the City/IERCD maintenance crew member that is constantly monitoring the site to report suspicious or illegal activities and should denote wording similar to:

NO TRESSPASSING

HABITAT PRESERVE
The City will be responsible for signage repair and replacement during the initial five- year period with IERCD responsible for the perpetual management thereafter.

4.9 As -Built Conditions
Once the mitigation has been implemented within each mitigation parcel, the monitoring biologist will submit a report to the resource agencies within 30 days of completion of the 90-day plant establishment period. The report will include a topographic map showing as -built locations of the irrigation and plantings, as installed. The report will also be inclusive of the Year 0 baseline data. The agencies may request a site visit to ensure that the mitigation has been implemented correctly.

5.0 MAINTENANCE ACTIVITIES DURING THE MONITORING PERIOD The purpose of this program is to ensure the success of initial enhancement efforts, where implemented, throughout the five-year monitoring period. The qualified biologist will monitor all enhancement efforts in order to detect any problems at an early stage.

Potential problems could arise from unexpected erosion, vandalism, competition from weeds and invasive species, and unacceptable levels of disease and predation. After the five-year monitoring period, the IERCD will assume responsibility for long --term management and maintenance of the mitigation sites per the Long Term Management Plan to be approved by the CDFW.

5.1 Maintenance Activities
For a period of 120 days following completion of the planting installation, where implemented, the initial landscape contractor will be responsible for the care of the plantings. The purpose of the 120-day establishment period is to ensure continuity between the installation of the plant material and its short-term maintenance. The City's Contractor's presence during this period is proven to increase project success. The Contractor will control the spread of weed species and identify any efforts necessary to ensure the health and survival of the plantings.

Following the 120-day establishment period the project will be evaluated for health of 27761.00008\26237013.4 19

plant material, and if judged satisfactory by the qualified biologist, the establishment period will be considered concluded and the long-term habitat maintenance program will begin. A different landscape contractor may implement this period of maintenance; the qualified biologist, however, will continue to review the project's success. The Contractor will perform the following tasks as general maintenance duties:
• Plant inspection
• Weed control
• Trash and debris removal
• Pest Control
• Plant replacement

5.1.1 Plant inspection
After initial planting/seeding, the qualified biologist and contractor will check the mitigation site on a monthly basis through the 18t' month. The plants shall be inspected on a quarterly basis thereafter.

The qualified biologist shall prepare a written memorandum to the City after each monitoring site visit listing observations, problems and recommended remedial measures based upon field observations. A copy of this memorandum shall be sent to the Contractor for implementation. These memorandums shall focus on any and all problems including project horticulture, vandalism, weeding, irrigation scheduling, debris removal, pest control, etc. The qualified biologist shall be responsible for recommending all remedial measures to be implemented.

5.1.2 Weed Control
Habitats within the mitigation parcel, both the existing native riparian habitat, other riparian associated habitat, and any non-native species habitat that is restored to riparian habitat, shall be maintained free of weeds during the monitoring period, Weed eradication will minimize competition that could prevent the establishment of native species. All maintenance personnel will be trained to distinguish weed species from native vegetation to ensure only weedy species are removed or sprayed with herbicide.

As weeds become evident, they should be immediately removed by hand or controlled with an appropriate herbicide as determined by a licensed Pest Control Advisor (PCA).

The qualified biologist will be consulted and approve any herbicide application in advance. Weed debris shall be removed from the project area as accumulated and disposed of as permitted by law.

Weeds shall be manually removed or chemically treated before they can attain a height of three inches (Y) at intervals of not more than 30 days for the first two years of the project. All portions of the plant will be removed, including the roots. The qualified biologist shall direct the Contractor regarding the selection of target weed species, their location and the timing of weed control operations to ensure that native plants are 27761.00008\26237013.4 20

avoided to the extent possible. Pulled weeds will be placed on a "mantilla" or other type of tarp to prevent the seeds from coming in contact with the ground.

5.1.3 Irrigation
The Contractor shall be responsible for applying sufficient irrigation water of necessary) to adequately establish new plant materials, and germinate and establish the applied seed. Irrigation water, if required, shall be applied in such a way as to encourage deep root growth (periodic deep irrigation versus frequent light irrigation). The Contractor will allow soil to dry down to approximately 50 to 60 percent of field capacity tin the top six or 10 inches after germination and during seedling establishment) before the next irrigation cycle. Wetting of the full root zone and drying of the soil between irrigation events is essential to the maintenance of the plants and the promotion of a deep root zone that will support the vegetation in the years after establishment. Systems may need to be on for as long as six to eight hours at a time in order to get complete water penetration to the lower soil horizons to encourage deep root growth. A soil probe or shovel shall be used to examine soil moisture and rooting depth directly.

5.1.4 General Maintenance of Irrigation System
The Contractor will be responsible for the regular maintenance and repair of all aspects of the irrigation system. Poorly functioning or non-functioning parts shall be replaced immediately so as to not endanger the plantings.

General system checks shall be conducted no less than weekly for the first month after installation to assure the system is functioning correctly and monthly thereafter, except during periods when the irrigation system is not in operation as recommended by the qualified biologist.

5.1.5 Trash and Debris Removal
The mitigation site shall be well maintained in order to deter vandalism and dumping of trash. The Contractor is responsible for avoiding impacts to plantings during trash removal activities. Contractor shall, during daily routine maintenance, manually remove weeds, liter, trash, and debris from the mitigation site and dispose of such off -site as permitted by law. Dead limbs and tree fall shall be left in place in the revegetation areas.

5.1.6 Pest Control
Shrubs will be monitored for signs of disease, insect, and/or predator damage, and treated as necessary. Badly damaged plants will be pruned to prevent spreading of the pestilence or replaced in kind if removed. Excessive foraging by predators may necessitate protective screening around plants or other protection deemed appropriate by a biologist. The qualified biologist will be consulted on any pest control measures to 27761.00008\26237013.4 21

be implemented. Rodenticides shall not be used on the mitigation site.

5.1.7 Plant Replacement
The installation Contractor will be responsible for replacing all container stock plants terminally diseased or dead for 120 days after plant installation. The long-term maintenance Contractors will thereafter replace all dead and/or declining plants in the winter months as recommended by the qualified biologist. Replacement plants shall be furnished and planted by the Contractor at his/her expense.

Replacement plants shall conform to the species, size requirements, and spacing as specified for the plants being replaced. The replacement plants shall be purchased from inventory at the same native plant nursery as were the contract grown plant stock.

5.1.8 Reseeding
Any areas where inadequate seed establishment has taken place will be reseeded on an annual basis between November 15t and March 31 st to take advantage of the winter rainy season. These areas shall be reseeded with the same native species as for seed being replaced.

Any reseeding necessary to improve sparsely covered areas will be conducted following the same procedures specified. Such reseeding may be performed by hand broadcasting as determined by the qualified biologist.

5.1.9 Pruning
No pruning is necessary unless otherwise specified by the biologist. Dead wood shall be left on trees or where it has fallen as it plays an important role in habitat creation and soil formation.

5.2 Responsible Panties
The City of Yucaipa will be responsible for financing and ensuring maintenance activities are funded and performed. The City will be responsible for invasive species removal as well as oversight, trash removal, and sign repairs and replacement during the five-year monitoring period.

The IERCD (an approved CDFW entity) will be responsible for holding the Conservatibn Easement, the biological monitoring, the oversight of invasive species removal, the annual financial review, and the annual reporting only after the five-year monitoring period and the success criteria have been approved by the regulatory agencies.

Long-term monitoring cost of the El Dorado Mitigation Area will be funded by the City in perpetuity. The United States Army Corps of Engineers and the IERCD will enter an 27761.00008\26237013.4 22

Endowment Management Agreement establishing the long-term management responsibilities of IERCD. Prior to the execution of the Endowment Management Agreement, the City will fund the endowment in the amount of approximately $240,000, to be held and managed in perpetuity by the IERCD, for the perpetual habitat management, biological monitoring, invasive species removal, minor trash removal and clean-up, signage maintenance and replacement, annual financial review, and annual reporting.

5.3 Maintenance Schedule
Table 3 below provides a schedule for maintenance inspections.

Plant Inspection
Irrigation System
Inspection
Trash and Debris
Removal
Weed Control
Pest Control
Plant Replacement
Table 3: Maintenance Schedule
Monthly through
Monthly first 12
18'' month,
Quarterly
Quarterly
Quarterly
months
quarterly
thereafter
Monthly
Monthly
As
NIA
NIA
Required
Monthly
Quarterly
Quarterly
Quarterly
Quarterly
Minimum of Monthly
Monthly
Quarterly
Quarterly
Quarterly
Monthly
Bi-MonthlyQuarterly
Quarterly
Quarterly
Annually
Annually
Annually
Annually I
Annually
27761.00008\26237013.4 23

6.0 MONITORING PLAN AND DOCUMENTATION
Monitoring will be performed by the project biologist to facilitate compliance with the success criteria set forth in this section.

6.1 Performance Standards, Target Dates, and Success Criteria Performance criteria used to evaluate success of the enhancement areas include survival and percent cover. Success will be based on achieving specific target levels at the end of each year, as summarized below in Table 4.

Table 4 Enhancement Site Performance Standards
Pe.ret�S.u.rutval<:
;:. en
. _ Y
t over .:..
by Nan -Native =
_:.11rl.._:......:-:..:.:....._.

Percent Bare
b S ec�es.
y.,p..

Natve.:.S ecies-.;
Sp:e.csesGround.
:.
1 80
NIA
<5
N/A
2 80
N/A
<5
NIA
3 90
70 <5
30 4
100
75 <5
25 5 .__.
100 --
80 <5
20 Enhanced areas will be monitored for success based on the performance standards of 80 percent cover of native plants and less than 5 percent cover by non-native species at the end of the 5 year monitoring period.

6.2 Target Functions and Values
The compensatory mitigation parcels are existing ephemeral drainages that qualify as waters of the State and will continue to function as high quality drainages. These drainages contain well developed riparian habitat characterized by a high degree of horizontal and vertical interspersion among plant zones and layers. However, enhancement actions will include the removal of non-native species and the enhancement of restored areas to increase the function and value of the waters of the Statewithinephemeral drainages.

Restoration and enhancement activities will be confined to associated upland areas within each mitigation parcel and will target the removal of non-native species and revegetation with native upland species. The target function for the upland areas will be the return of the native plant community and associated bare ground in order to enhance the conveyance of flood waters into the ephemeral drainages.

6.3 Target Hydrological Regime
The onsite ephemeral drainages will be permanently preserved and will provide for the continued flow across the site during storm events, conveying the water to Wilson Creek. The removal of non-native species and restoration of areas with non-native 27761.00008\26237013.4 24 ;4

species will further enhance that site's capacity for receiving storm flows and directing the collected storm waters to Wilson Creek.

6.4 Target Jurisdictional and Non -Jurisdictional Acreage to be Preserved and/or Enhanced
The combined mitigation target is to permanently preserve and enhance 5.66 acres of ephemeral drainage. These deeply incised channels are vegetated with riparian habitat and associated habitat throughout their length and are subject to CDFW jurisdiction. No upland habitats have been included in the three parcels that are the subject of this HMMP.

6.5 Monitoring Methodology

6.5.1 Qualitative Monitoring
Qualitative surveys will be performed by the project biologist and will consist of a general site walk. General observations, such as health of the riparian community and other associated habitat, pest problems, weed establishment, mortality, and drought stress, will be noted in each site visit. The biologist will also note observations of wildlife use and native plant recruitment for the purposes of later discussion in the annual reports. Remedial actions will be determined, as needed, by the project biologist, during the site visits, to facilitate compliance with performance standards. All remedial measures undertaken will be referenced in the annual report to the CDFW.

6.5.2 Quantitative Monitoring
Each mitigation site will be monitored for five years following the establishment of a Conservation Easement over the designated parcel and the completion of enhancement, where required, unless final success criteria are met prior to this point in time. The monitoring program will consist of the measurement of performance indicators and the assessment of these indicators relative to established performance criteria.

Qualified habitat restoration specialists, biologists, or horticulturist with appropriate credentials and experience in native habitat restoration shall perform monitoring.

Continuity within the personnel and methodology of monitoring shall be maintained, insofar as possible, to ensure comparable assessments.

Permanent stations for photo -documentation will be established prior to or during the first annual monitoring event. Photos shall be taken each monitoring period from the same vantage point and in the same direction each year, and shall reflect material discussed in the annual monitoring report.

6.6 Monitoring Schedule
2776 1.00008`262370 ] 3.4 25

Monitoring will be conducted for all enhancement areas and will include the removal of non-native species and the installation of native vegetation. Qualitative monitoring will be conducted monthly for the first 18 months and will begin immediately after installation of any required mitigation.

The first quantitative annual monitoring will commence the June following the first growing season after installation and every year thereafter until all five year performance standards are met and CDFW have accepted the project.

6.7 Annual Monitoring Reports
At the end of each of the five monitoring period growing seasons, for the duration of the monitoring period, an annual report will be prepared for submittal to CDFW. The CDFW Streambed Alteration Agreement requires that the first annual monitoring report be submitted no later than April 30, 2016. All subsequent reports will be submitted by December 31" of each monitoring year.

These reports will assess both attainment of yearly target success criteria and progress toward final success criteria. These reports shall include the survival and/or replacement of tree and shrub container stock, percent cover of native vegetation, overall visual estimates of the heights of both tree and shrub species, and diversity data. These reports will also include the following:
• A vicinity map indicating the location of the mitigation site • A mitigation site plan identifying habitat types, transect locations, photo station locations, etc. as appropriate
• Copies of all monitoring photographs
• An analysis of all qualitative and quantitative monitoring data

7.1 Notice of Completion
The City shall notify CDFW in writing when the monitoring period for a particular mitigation parcel is complete and the approved success criteria have been met. CDFW will provide their concurrence on the successful completion of mitigation.

7.2 CDFW Confirmation
If the project meets all success criteria at the end of the five-year monitoring period, the mitigation will be considered successful. If not, the maintenance and monitoring program will be extended one full year at a time, and a specific set of remedial measures approved by CDFW will be implemented until the standards are met. Only 27761.00008\26237013.4 26

those areas that fail to meet the success criteria will require additional monitoring. This process will continue until all performance standards are met or until CDFWdetermine that other revegetation measures are necessary.

Final success criteria will be considered to have been met a minimum of two years after all human support, including artificial irrigation has ceased. Should the revegetation effort meet all goals prior to the end of the five-year monitoring period, CDFW, at their discretion, may terminate the monitoring effort.
27761.00008\26237013.4 27

8.0 CONTINGENCY MEASURES

8.1 Initiating Procedures
If it is determined that the mitigation site will not meet the success criteria at year five, appropriate contingency measures will be performed if determined necessary by CDFW and as recommended by the project biologist, to return the site to compliance.

Contingency measures will be based on an adaptive management approach and will include: reseeding and replanting with quantities of appropriate species, additional weed control, and/or implementation of erosion control and stabilization measures. If the mitigation site has not met one or more of the performance criteria, the maintenance and monitoring obligations will continue one year at a time until the agencies give final approval that the mitigation obligations have been satisfied.

8.2 Alternative Locations for Contingency Compensatory Mitigation Sufficient area and appropriate rationale are provided for implementation of mitigation at the El Dorado Mitigation Area; therefore, alternative locations should be unnecessary.

Should alternative locations for mitigation be required, the site will be located at another site within the Mitigation Area and a new mitigation strategy may need to be developed in coordination with the CDFW.

8.3 Funding Mechanism
The City of Yucaipa will fund planning, implementation, maintenance and monitoring of any contingency measures that may be required to achieve mitigation goals as part of the endowment. The United States Army Corps of Engineers will enter into an Endowment Management Agreement with IERCD to fund the duties outlined in the Conservation Easement. The following measures have been offered as evidence to demonstrate financial ability to support all necessary mitigation requirements: (1) The Conservation Easement for the four projects will be recorded as part of the Land Acquisition Agreement; (2) the IERCD and the U.S. Army Corps of Engineers will enter into an Endowment Management Agreement for the long-term funding of the mitigation site; and (3) the City's approved 2014/2015 Capital Improvement Program budget includes the endowment funds for long term management of the mitigation site.

8.4 Responsible Parties
The City of Yucaipa and IERCD will be responsible for implementing, maintaining and monitoring any contingency procedures by adding an extra line -item to the endowment cost spreadsheet. The United States Army Corps of Engineers will execute an Endowment Management Agreement with IERCD (as an approved CDFW entity) to perform the duties of holding the Conservation Easement, biological monitoring, invasive species removal, annual financial review, and annual reporting. The City will fund and perform the duties of invasive species removal, trash removal, and sign repair and replacement. After the five-year monitoring period the IERCD will perform all duties 27761.00008\26237013.4 28

associated with the management, maintenance, monitoring and reporting of the mitigation area per the Long -Term Management Plan approved by CDFW. 27761.00008\26237013.4 29

ATTACHMENT 2

AMENDMENT NO. 1 TO CONSERVATION SERVICES AGREEMENT
This Amendment to the Conservation Services Agreement ("Amendment") is entered into this 131" day of May 2024 (the "Execution Date") by and between the CITY OF YUCAIPA, (referred to herein as "City") and the INLAND EMPIRE RESOURCE CONSERVATION DISTRICT (referred to herein as "IERCD"). City and IERCD are sometimes individually referred to as "Party" and collectively as "Parties."

RECITALS
A. The City and IERCD entered into a Conservation Services Agreement ("Agreement") on December 12, 2016, for IERCD to perform on behalf of the City and be compensated for certain conservation activities required by the Habitat Mitigation and Monitoring Plan For Various CIP Projects in the City of Yucaipa ("Project").

B. Pursuant to Section 3 of the Agreement, the Parties may amend the Agreement after the initial five (5) year period to change, extend or augment Sections 1 and 2 in order to complete the implementation of the HMMP.

C. The Parties now wish to amend the Agreement to revise the funding and extend the term.

NOW, THEREFORE, in consideration of the foregoing Recitals, which Recitals are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and based on the mutual covenants contained herein, the Parties do hereby modify the Agreement as follows:

FROV I Biel 17u 1 ofelil

1. Capitalized Terms. Capitalized terms used in this Amendment and not separately defined shall have the meaning set forth in the Agreement.

2. Activities. Section 1 of the Agreement is hereby amended to extend the time needed for IERCD to implement the IERCD Activities to continue until December 31, 2025, unless further extended by the Parties through an additional amendment.

3. Funding. Section 2 of the Agreement is hereby amended to increase the amount of the Conservation Fee by SEVENTY-SIX THOUSAND SIXTY AND THIRTY-EIGHT DOLLARS ($76,060.38) paid by the City to IERCD at the execution of this Amendment.

4. Remainder Unchanged. Except as set forth herein, all provisions of the Agreement shall remain in full force and effect and shall govern the actions of the Parties hereto. [SIGNATURE PAGE TO FOLLOW]
2 7761.00008\41348076.2

SIGNATURE PAGE TO

AMENDMENT TO CONSERVATION SERVICES AGREEMENT
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the date as indicated beside each Party's signature.

CITY: Date:

CITY OF YUCAIPA
By:

Justin Beaver, Mayor
Date:

IERCD:

INLAND EMPIRE RESOURCE

CONSERVATION DISTRICT
0 Rick Gomez, President
27761.00008\41348076.2

ATTACHMENT 3

INLAND EMPIRE

RESOURCE CONSERVATION DISTRICT

IERCD SCOPE OF WORK AND COST ESTIMATE

BACKGROUND
In 2014, the City of Yucaipa received regulatory permission from permitting agencies to place individual mitigation requirements alongside one another within the 334-A El Dorado Preserve in upper Yucaipa.

El Dorado contains a degraded ephemeral streambed connecting to Wilson Creek before entering San Timoteo Creek, a majortributary to the Santa Ana River. Project goals in placing these mitigations at this site include uplifting the function of the streambed and surrounding buffer for the benefit of dependent species. Following placement, the City developed a Habitat Mitigation and Monitoring Plan (HMMP) to guide five years of site establishment, prior to perpetuity protection of the projected uplift within the larger conservation site. In 2o16, the City conveyed grantee interest in an easement covering the 6.19-A of the El Dorado project site to the IERCD, in addition to contracting for District oversight of contractor restoration and enhancement over the acreage consistent with the design and terms of the site HMMP. The IERCD carried out restoration, enhancement, and conservation activities in 2o16 and 2017, 2o18, 2019, 2020, 2021, and 2022.

In November 2020, the El Dorado Fire burned through approximately 1/3 of the restoration area. This resulted in a significant setback in reaching the required success standard of "8o% cover of native plants" outlined in the approved HMMP. After several years of monitoring for natural regeneration of native plants following the fire, IERCD staff have concluded that additional supplemental passive restoration work will be needed to remedy (1) the lack of natural regeneration of native plants and (2) a significant increase in weed pressure resulting from offsite seed moving in from the immediate areas abutting the restoration area following the disturbance caused by the fire. This Scope of Work details additional restoration work that is necessary to reach project success given the above.

SCOPE OF WORK AND SCHEDULE OF ACTIVITIES
Restoration maintenance work will continue to be conducted by IERCD field staff with efforts primarily focused on invasive species control and passive facilitation of native plant growth. Invasive species will be managed by a variety of methods including hand removal, herbicide application, and mechanical line trimming. IERCD field staff will also perform supplemental seeding of the north burned slope, which showed an exceptional lack of natural recovery following the fire. Seeding will occur immediately before or shortly after the 2023-24 rainy season begins. A more detailed schedule is shown in the table below.

El Dorado Mitigation Schedule of Activities
Period
Action
2024
January
Preliminary grow/kill followed by minor supplemental seeding April
Annual monitoring and photo point collection
January - June
Invasive species management and annual transect monitoring July - December
Monthly monitoring and minor invasive species management 2025
January
Preliminary grow/kill followed by minor supplemental seeding April
Annual monitoring and photo point collection
May
Initiate project sign off
January - June
Invasive species management and annual transect monitoring July - December
Monthly monitoring and minor invasive species management

COST ESTIMATE DETAIL
Ell Dorado Amendment Scope:

Admin: Project Coordination, Documentation, Project Sign Off, Reporting Restoration Ecologist $79.03 $82.98
RE Hours
25 25
Mitigation Programs Lead

67.17 $70.53
MPL Hours
40 40
Totals
$4,662.55
$4,895.68 $9,558.23
Implementation: ISR, Seed Collection/Distribution;
Field Monitoring; Adaptive Mgmt
Restoration Ecologist
$79.03
$82.98
RE Hours
10 10
Field Ecologist
s61.o8
$64.13
RE Hours
120
90 Restoration Technician Crew
$199.70
$209.69
RT Hours
8o
70 Totals
$24,095.95
$21,279.87 $45,375.83
Herbicide
$875.00
sg18.75
Mileage
$780.00
$81g.00
2023 Unfunded Labor
s1o,81g.00
Totals
$12,474•00
1 $1,737.75
Cumulative Costs Table
Labor $28,758.50
$26,175 55
One -Time Costs
$12,474.00
$1'737.75
Subtotal
$41,232.50
$27,913.30
Contingency
$4,123.25
$2,79133
Final Cost
$45,355.75
$30,704 63
Estimate valid for 6o days from date of matrix
$14, 211.75
$76,o6o.38