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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  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 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.