HomeMy WebLinkAbout- - Fairview Park Release Maintenance Bond - 7/6/2010CITY COUNCIL AGENDA REPORT
MEETING DATE: JULY 6, 2010 ITEM NUMBER:
SUBJECT: RELEASE OF THE MAINTENANCE BOND IN CONNECTION WITH THE COASTAL
SAGE SCRUB RESTORATION PROJECT AT FAIRVIEW PARK.
DATE: JUNE 24, 2010
FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION
PRESENTATION PETER NAGHAVI, DIRECTOR, DEPARTMENT OF PUBLIC SERVICES
BY:
FOR FURTHER INFORMATION CONTACT: ERNESTO MUNOZ, CITY ENGINEER, (714) 754-5335
RECOMMENDATION:
Release the remaining Maintenance Bond (Certificate No. SU 5014567) in the amount of
$64,300 to Headlands Reserve, LLC, 24849 Del Prado, Dana Point, California, 92629.
BACKGROUND:
On April 5, 2005 the City Council approved the Memorandum of Agreement and Land Covenant
with Headlands Reserve, LLC, for the creation of 11 -acres of Coastal Sage Scrub (CSS) in the
lower northwest portion of Fairview Park. Headlands Reserve, LLC, created 11 -acres of CSS to
partially compensate for native plant impacts that occurred within the Headlands Development
project in Dana Point. Headlands Reserve, LLC, provided all funding for the installation of the CSS
plantings and five years of maintenance costs. Public Services staff oversees the maintenance
contractor, Natures Image Inc., and the field biologist.
The CSS provides habitat for a variety of avian species including the coastal California gnatcatcher
(Polioptila californica), California towhee (Pipilo crissalis), white -crowned sparrow (Zonotrichia
leucophrys), wrentit (Chamaea fasciata), Bewick's wren (Thryomanes bewickii), California thrasher
(Toxostoma redivivum) and Costa's hummingbird (Calypte costae). The CSS will also provide
habitat for a variety of reptile and mammal species.
Fairview Park 11- Acre Coastal Sage Scrub Mitigation Site
April 2006
ANALYSIS:
June 2010
The Memorandum of Agreement with Headlands Reserve, LLC, states that the Maintenance
Bond may be reduced annually after the completion of each restoration year. In July 2009,
Headlands Reserve, LLC, requested an annual reduction of the Maintenance Bond for years
2005-2008. Headlands Reserve, LLC, is now requesting the remaining Maintenance Bond be
released.
The 11 -acre CSS site is fully established and the irrigation has been shut down since October
2009. Absolute cover of native species in the Fairview Park creation/restoration areas was 69.3
percent as of December 2009. The third year performance standard is 50 percent native plant
cover. In analyzing the cover values of each respective layer individually, native herbaceous
vegetation comprised 12.5 percent of the herbaceous plant layer, native shrubs comprised 45.5
percent native shrub layer, and the native shrub -tree layer is 11.3 percent. Non-native
vegetation comprised approximately 0.1 percent cover throughout the site. All non-native cover
occurred within the herb layer. The third year performance standard of weed cover of less than
10 percent has been met.
Maintenance and monitoring will continue to be performed by Natures Image Inc. and a qualified
URS biologist/restoration specialist. During the final year of the maintenance period, sufficient
personnel and equipment will be allocated to perform landscape maintenance of all planted
areas. Maintenance will continue on a monthly basis and monitoring visits will continue to be
conducted quarterly. The need for additional maintenance visits shall be determined by the
monitoring biologist based on current site conditions. Headlands Reserve, LLC, is responsible
for the CSS site until 2011, or earlier if staff and the biologist deem that the site is self-
sustaining and meets the contracted success criteria.
ALTERNATIVES CONSIDERED:
The alternative to this Council action would be to retain the Maintenance Bond. Costa Mesa
Municipal Code Section 15-32 states, "The condition of said bond shall be that the applicant will
perform the work authorized by any permit issued pursuant to this chapter in a good and
workmanlike manner and to the satisfaction of the City Engineer." Retention of the Maintenance
Bond would be in violation of the Municipal Code.
FISCAL REVIEW:
There is no fiscal impact due to this item.
LEGAL REVIEW:
There is no legal review required on this item.
CONCLUSION:
It is recommended that the City Council authorize staff to release the remaining Maintenance Bond
(Certificate No. SU 5014567) in the amount of $64,300 to Headlands Reserve, LLC, 24849 Del
Prado, Dana Point, California, 92629.
ERNESTO MUIVOZ
City Engineer
PETER NAGHAVI, Director
Department of Public Services
E
City Manager
City Attorney
City Clerk
Development Services Director
Parks Project Manager
Contract Administrator