CC 10-18-2022 Item No. 14 Professional Turf Management Contract for Blackberry Farm Golf Course Written CommunicationsCC 10-18-2022
Written Communications
Item #14
Professional Turf
Management contract for
Blackberry Farm Golf
Course
From:Pamela Wu
To:Kirsten Squarcia; Lauren Sapudar
Subject:FW: Public Comment – Item 14: BBF Golf Course Maintenance Contract
Date:Tuesday, October 18, 2022 3:39:39 PM
Attachments:City Council – BBF Golf Course maintenance contract.pdf
Pamela Wu
City Manager
City Manager's Office
PamelaW@cupertino.org
(408)777-1322
From: Darcy Paul <DPaul@cupertino.org>
Sent: Tuesday, October 18, 2022 3:36 PM
To: Christopher Jensen <ChristopherJ@cupertino.org>; Pamela Wu <PamelaW@cupertino.org>
Subject: Fwd: Public Comment – Item 14: BBF Golf Course Maintenance Contract
fyi
Sent from my iPhone
Darcy Paul
Mayor
City Council
DPaul@cupertino.org
(408) 777-3195
Begin forwarded message:
From: EAC Chair <eac@scvas.org>
Date: October 18, 2022 at 3:33:42 PM PDT
To: City Council <CityCouncil@cupertino.org>
Cc: Cupertino City Manager's Office <citymanager@cupertino.org>, Rachelle Sander
<RachelleS@cupertino.org>, Jacinta Liang <JacintaL@cupertino.org>, Shani Kleinhaus
<shani@scvas.org>
Subject: Public Comment – Item 14: BBF Golf Course Maintenance Contract
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Dear Mayor Paul and Councilmembers,
We would like to pull Item 14 regarding the Blackberry Farm Golf Course Maintenance
Services Contract from the Consent Calendar. Please see attached for our comments.
Regards,
Annie Yang
Annie Yang
Environmental Action Committee Chair
Santa Clara Valley Audubon Society
22221 McClellan Rd
Cupertino, CA 95014
eac@scvas.org
October 18, 2022
RE:Item 14 –Award and authorize the City Manager to execute a maintenance services
contract with Professional Turf Management for the Blackberry Farm Golf Course
Dear Mayor Paul and Councilmembers,
We would like to pull Item 14 regarding the Blackberry Farm Golf Course Maintenance Services
Contract from the Consent Calendar. The 2022 contract lacks many of the wildlife protection
provisions that were in the 2016 contract. We understand that the City is currently considering
whether to retain the golf course or to convert it to natural habitat. Regardless of the Council’s
future decision, this current maintenance contract should and can include protections for the
existing wildlife and for Stevens Creek.
The wildlife and creek protection sections from 1) the 2016 Blackberry Farm Golf Course
Maintenance Technical Provisions1 and where it is addressed, and 2) any equivalent language
from 2022 Attachment A: Scope Of Work And Technical Specifications Blackberry Farm Golf
Course Maintenance are included in the table below.We also included 3) our comments on
those sections with specific edits. The following is a summary of the main points.
●The 2016 document includes specific actions that would ensure compliance with state
regulations and protect terrestrial and aquatic life while the 2022 document does not. For
example, the 2016 denotes best practices for protecting birds during nesting season,
requiring minimal use of outdoor lighting, and ways to avoid chemical runoff.
●The language on nesting bird protection should be added and clarified to include surveys
for nests prior to trimming of all trees during the nesting season.
●While both documents prohibit chemical, pesticide, or fertilizer runoff, neither require
monitoring or testing. This should be required to ensure runoff does not occur.
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
1 A - Historical background of maintenance services at Blackberry Farm, p. 527-531
SCVAS, Page 2
2016 Blackberry Farm Golf Course
Maintenance Technical Provisions
2022 Attachment A:
Scope Of Work And
Technical
Specifications
Blackberry Farm Golf
Course Maintenance
SCVAS
Recommendations
16. RECYCLING OF VEGETATION
16.01 RECYCLING REQUIRED: Contractor
shall recycle all vegetative material generated.
No clippings may be dispersed in the rough or
on the fairways. Clippings may be recycled in
out of play areas in amounts and locations
approved by the City. Clippings may not be
recycled on the creek bank or within 8 feet of
the creek edge or in a manner that might result
in clippings getting into the creek channel at any
time. If build up of pine needles, leaves and
grass clippings become excessive in these
areas the Contractor will be required to remove
them and place them in the vegetation recycling
containers provided by the City.
Retain “Clippings may
not be recycled on the
creek bank or within 8
feet of the creek edge
or in a manner that
might result in clippings
getting into the creek
channel at any time.”
17. 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 [sic] meet with City
representatives more frequently as needed to
ensure compliance. Further considerations are
noted below.
The new guidelines
remove protections and
regulatory framework.
Please retain the 2016
Wildlife requirements.
In addition, please
update these
requirements to apply
protections for nesting
birds on all trees in the
golf course. During the
nesting period, require
surveys for nesting
birds on the entire golf
course prior to tree
trimming or removal.
18. TERRESTRIAL WILDLIFE
VEGETATION TRIMMING AND REMOVAL: No
vegetation along the creek edge shall be
trimmed or removed from February 1 to August
31, unless it has been reviewed for presence of
Retain 2016 Terrestrial
Wildlife section. Include
the following edit:
“No vegetation along
the creek edge or any
SCVAS, Page 3
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 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.
LIGHTING: Contractor is to minimize use of
nighttime lighting, especially in the vicinity of the
creek. Contractor is to operate the golf
maintenance facility in a manner that minimizes
use of outdoor lighting to the extent feasible.
Lights shall only be used when workers are
present, unless the City provides advance
authorization in writing. This stricture applies to
outdoor lighting of the maintenance yard.
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]
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.”
SCVAS, Page 4
●other potentially protected wildlife
19. AQUATIC WILDLIFE
Federally-threatened steelhead inhabit the
section of Stevens Creek that is adjacent to the
golf course, year round. This fish species is
highly protected. Their survival depends on
clean cool water, free of harmful levels of
fertilizers, pesticides, storm water runoff
pollutants, and organic waste. The principal
methods to achieve this are minimizing total use
of these contaminants, restricting the type of
inputs, and having an acceptable method of
application via an Integrated Pest Management
Plan (IPM). The City has adopted such a plan
as discussed elsewhere in this document.
Contractor is strongly encouraged to operate in
conformance with Pilot Salmon Safe
Certification Standards for Golf Courses, latest
version (March 2014, draft 1.3) available at
www.salmonsafe.org.
Due to adverse impacts on fish an [sic] aquatic
wildlife, use of the following pesticides is not
allowed.
If use of any of these pesticides is desired,
Contractor must submit written documentation
to City to demonstrate a clear need for use of
the pesticide, that no safer alternatives exist,
and that the method of application (such as
timing, location, and amount used) represents a
negligible risk to water quality and fish habitat.
Contractor must secure authorization in
advance from City and any involved regulators
including Resource Agencies that use of the
pesticide may proceed.
[List of pesticides used in urban applications
that pose a high risk to salmon and aquatic life]
Note that some of these pesticides are included
on the San Francisco Reduced Risk Pesticide
List (“SF List”). They are hereby deleted from
the SF List since they are not suitable for use
near creeks and include but are not limited to:
●Triclopyr
These pesticides are not to be used on the golf
course unless written authorization is secured in
advance.
Retain 2016 Aquatic
Wildlife section. Update
this section with any
State updates to the list
of pesticides and
practices that protect
the creek.
20. WATER QUALITY CONSIDERATIONS:
Protection of creek & ponds
1.8 PROTECTION OF
CREEK
Retain 2016 Water
Quality Considerations
section. Include a
SCVAS, Page 5
RUNOFF: No runoff from any applications of
chemicals, pesticides or fertilizer shall flow into
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.
EQUIPMENT WASHING: All equipment shall be
washed within the equipment washoff area in
the golf maintenance yard, or in an equivalent
offsite 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.
POND MAINTENANCE: Ponds shall be kept
free of excessive vegetation. Vegetation
removal shall be done with hand or mechanical
means. Such removal shall be timed to avoid
wildlife breeding seasons in consultation with
the City. Timing will ordinarily be September to
January, or potentially as late as mid March if
nesting and protected wildlife are not present.
A pond outlet/overflow pipe within the lower
pond provides an emergency discharge to the
creek. This outlet pipe must be capped at all
times with a tight, sturdy, secure, 3/32” square
mesh or tighter screen that is acceptable to City.
If slotted the maximum opening width is 1/16”.
Pond water level shall be maintained sufficiently
below the outlet pipe elevation such that NO
POND WATER ENTERS THE OUTLET nor
flows to the creek. Contractor shall check the
screen to ensure that it is tight, intact and clear
at least monthly and shall maintain the mesh in
a clear clean condition.
When ponds are in operation, ponds shall be
maintained with adequate water level to
maintain habitat for existing fish and wildlife
populations, unless the City authorizes
otherwise. Ponds shall be operated in a manner
that prevents algae growth. Avoid over
fertilization that contributes to algae growth.
No runoff from fertilizer,
pesticide, or chemical
applications shall flow into
creeks or ponds nor to
drainage inlets that
discharge to creeks or
ponds.
3.9, 4.7, 5.6
PROTECTION OF
CREEK
No runoff from fertilizer,
pesticide, or chemical
applications shall flow into
creek areas, nor
to drain inlets that
discharge to creek areas.
requirement for the
contractor to monitor
and test for runoff of
any chemicals,
pesticides, or fertilizer
to ensure runoff does
not occur.
Revise pond
maintenance
requirements to allow
planting of locally
native vegetation, and
avoid vegetation
management during the
nesting season.