The URL can be used to link to this page

CC 04-04-2023 Item No. 5 Maintenance Contract for City-owned orchards_Written CommunicationsCC 04-04-2023 Item No. 5 Consider authorizing execution of a Maintenance Services Contract for City-owned orchards Written Communications From:EAC Chair To:City Council Cc:Cupertino City Manager"s Office; City Clerk; Shani Kleinhaus; Connie Cunningham Subject:Re: Public Comment: Item 5 – Consider authorizing execution of a Maintenance Services Contract for City-owned orchards Date:Tuesday, April 4, 2023 8:19:59 AM Attachments:Item 5 – SCVAS public comment_April4.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Wei and Councilmembers, We would like to propose edits to the Maintenance Services Contract for City-owned orchards as listed in Item 5 of the Consent Calendar in order to add wildlife and creek protections. We sent a letter prior to the last City Council meeting, and we are including a revised letter (see attached), which includes the suggested language that should be added to the contract, which we had submitted last time, and a request for clarification on the current and future use of pesticides in the orchards. The language is taken from the Blackberry Farm Golf Course Maintenance Services Contract that was revised last October with edits appropriate for City- owned orchards, so this should be familiar to you and City Staff already. We will speak to this item during the City Council meeting should it be pulled from the Consent Calendar. Regards, Annie Yang Annie Yang Environmental Action Committee ChairSanta Clara Valley Audubon Society 22221 McClellan Rd Cupertino, CA 95014 eac@scvas.org On Tue, Mar 21, 2023 at 5:14 PM EAC Chair <eac@scvas.org> wrote: Dear Mayor Wei and Councilmembers, We would like to propose edits to the Maintenance Services Contract for City-owned orchards as listed in Item 5 of the Consent Calendar in order to add wildlife and creek protections. We will speak to this item during the City Council meeting should it be pulled from the Consent Calendar. We are attaching the suggested language that should be added to the contract in this email (see PDF). This is language taken from the Blackberry Farm Golf Course Maintenance Services Contract that was revised last October with edits appropriate for City-owned orchards, so this should be familiar to you and City Staff already. Regards, Annie Yang Environmental Action Committee Chair Santa Clara Valley Audubon Society 22221 McClellan Rd Cupertino, CA 95014 eac@scvas.org April 3,2023 RE:Item 5 –Consider authorizing execution of a Maintenance Services Contract for City-owned orchards Dear Mayor Wei and Councilmembers, We would like to propose edits to the Maintenance Services Contract for City-owned orchards as listed in Item 5 of the Consent Calendar.The draft contract lacks wildlife and creek protections,such as those in the Blackberry Farm Golf Course Maintenance Services Contract. As you may remember,the initial version of the current Blackberry Farm Golf Course Maintenance Services Contract did not include wildlife and creek protections,which we pointed out last October.The City subsequently and promptly added that language into the contract,and we appreciate the City doing that so swiftly.Many wildlife protections in the Blackberry Farm Golf Course Maintenance Services Contract,such as those protecting birds during the nesting season,apply to City-owned orchards.Therefore,much of the same language should be added to the Maintenance Services Contract for City-owned orchards. Additionally,we have questions regarding the use of pesticides in the orchards.The current draft contract states,“No pesticides may be used for weed control in the Orchard”(p.14).Does this mean that no herbicides are used for any purpose in the orchard?We hope that this is the case.We also hope that the City is currently minimizing or eliminating the use of all types of pesticides,such as insecticides,on the fruit trees and will direct the contractor to do the same. Below is the language taken from the Blackberry Farm Golf Course Maintenance Services Contract,with appropriate edits in red,for your consideration to be added to the Maintenance Services Contract for City-owned orchards. WILDLIFE CONSIDERATIONS Contractor is to note that a number of federally-and state-protected wildlife species inhabit the Stevens Creek corridor and portions of the golf course.Among the species are steelhead fish,turtles,woodrats,various birds of prey such as hawks,owls and white-tailed kites,and various migratory birds and songbirds.These animals and their habitat are protected by various federal and state regulations.Those regulations affect activities that could affect wildlife directly or indirectly,including actions on the golf course that could affect the creek and its water quality.Such actions include fertilizer use,pesticide use,irrigation practices,operation of the golf course ponds,vehicle washing,and other procedures. Contractor shall meet with City staff and representatives annually to review maintenance activities relative to these considerations.Contractor is encouraged [to]meet with City representatives more frequently as needed to ensure compliance.Further considerations are noted below. SCVAS,Page 2 NESTING BIRDS Contractor shall be aware of nesting birds on trees within the golf course [in the orchard]. If tree trimming or removal is required during the nesting period,the Contractor shall conduct a survey for nesting birds on the entire golf course prior to performing the work. TERRESTRIAL WILDLIFE VEGETATION TRIMMING AND REMOVAL:No vegetation along the creek edge or any trees in any location on the golf course shall be trimmed or removed from February 1 to August 31,unless it has been reviewed for presence of nests and protected wildlife by a biologist or qualified professional or the City Naturalist. TREE REMOVAL:Certain trees are protected by City ordinance.No tree shall be removed or significantly pruned without advance approval by the City representative. BIRD BREEDING SEASON:Breeding season for raptors,birds of prey such as hawks and owls,is normally from February 1 to August 31,with highest activity usually from early or mid March onward.Most such birds and their nests and breeding are protected by law.Routine golf course operations [orchard maintenance]may proceed during breeding season.However,during this time contractor shall endeavor to reduce disturbing activities,such as loud noises or vibration,within 250 feet of a raptor nest site and within 400 feet of a white-tailed kite nest site.Songbird nests are generally protected within a 100 foot radius. RODENTICIDE USE:Use of any and all rodenticides [to poison squirrels,gophers,mice, rats]or chemicals is banned,unless authorized in advance in writing by the City. EMISSIONS:Contractor is to minimize the use of exhaust-and emission-producing equipment to the extent compatible with performance of the work.Contractor shall favor the use of equipment powered by electrical,batteries or hand rather than diesel.gas or oil,as feasible. WILDLIFE REPORTING: Contractor shall report any observations of the following to the City representative within 1 working day: ●active raptor nests ●turtles ●woodrats [potentially San Francisco dusky-footed woodrat] ●frogs (potentially California red-legged frog)salamanders [potentially California tiger salamander] ●other potentially protected wildlife WATER QUALITY CONSIDERATIONS:Protection of Creek &Ponds RUNOFF:No runoff from any applications of chemicals,pesticides or fertilizer shall flow into creeks or ponds [nor to drainage inlets that discharge to creeks or ponds],including runoff from allowable products.No runoff other than clean rainwater shall flow into the creek.Contractor shall consider weather conditions and watering regimes in order to schedule application of fertilizer,pesticides and chemicals in a manner that prevents runoff to creeks or ponds.Contractor shall operate irrigation system and watering activities in a manner that prevents irrigation runoff as well.Contractor shall monitor and test for runoff of any chemicals,pesticides,or fertilizer to ensure runoff does not occur. SCVAS,Page 3 EQUIPMENT WASHING:All equipment shall be washed within the equipment wash off area in the golf maintenance yard,or in an equivalent offsite [in a]facility that filters wash water and is connected to the sanitary sewer system.Screens shall be cleaned of grass clippings and other material after each use.No washing is permitted elsewhere. We hope that you add these protections into the contract. Regards, Annie Yang Cupertino Resident Environmental Action Committee Chair Santa Clara Valley Audubon Society 22221 McClellan Rd Cupertino,CA 95014 eac@scvas.org