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City of Scotts Valley CITY COUNCIL STAFF REPORT

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City of Scotts Valley CITY COUNCIL STAFF REPORT AGENDA ITEM E DATE: 3-21-2018 City of Scotts Valley CITY COUNCIL STAFF REPORT DATE: March 21, 2018 TO: Honorable Mayor and City Council FROM: Steve Hammack, Public Works Director - Interim APPROVED: Jenny D. Haruyama, City Manager SUBJECT: GLENWOOD OPEN SPACE PRESERVE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE LAND TRUST OF SANTA CRUZ COUNTY SUMMARY OF ISSUE The original Memorandum of Understanding (“MOU”) between the City and the Land Trust of Santa Cruz County was entered into December, 2003 for the purposes of managing and planning for the Glenwood Open Space Preserve. In that same year, the Land Trust entered into a grant agreement with the California Wildlife Conservation (CWC) Board for the sum of $3,100,000 for the acquisition of fee and/or conservation easements over the preserve. The 170 acre Glenwood Preserve was acquired and work began to develop the Long Term Management Plan (“LTMP”) for the preserve. The City approved the LTMP on December 6, 2017. Implementation of the LTMP includes a public access plan that is currently being developed. A new MOU is needed to address future management activities including public access. Key features of the new MOU will focus on meeting the conservation objectives of the LTMP, roles and responsibilities of the City and the Land Trust, and stewardship of the preserve. The new MOU details the need for a strong management presence. The Land Trust will assume the primary role in overseeing compliance with the LTMP’s conservation, monitoring, and management guidelines. In general, the City retains the ultimate responsibility for leading the management of public access. See table 8 for a complete breakdown of roles and responsibilities. Managing and minimizing neighborhood impact will be a high priority going forward. To date, the management of the preserve has been a collaborative effort between the City and the Land Trust. This MOU contemplates that this relationship will continue for many years to come. 001 AGENDA ITEM E DATE: 3-21-2018 FISCAL IMPACT Grant funds from the CWC Board were used to establish an endowment for the protection of wildlife habitat and biodiversity on the preserve. There is approximately $1.5 million available today. The endowment, with expenditures overseen by the City, has supported resource management to date, including the development of the LTMP. The funds are projected to be sufficient for continued habitat management and restoration. The endowment may not be used for the construction or maintenance of facilities such as parking areas, restrooms, and trails. Staff time will be necessary to complete the public access planning process. There may be an increase in public safety calls for service, and maintenance activities once the preserve is open to the public. These services will be absorbed in the existing budget and addressed through future budget development discussions. The Land Trust has a fundraising campaign underway dedicated to trail construction throughout their preserve system. It’s anticipated that costs associated with the construction and maintenance of the new Glenwood trail system will be offset by this fundraising campaign. Staff will aelso se k out grant opportunities for future improvements to the preserve. ENVIRONMENTAL DETERMINATION The Glenwood Open Space Preserve MOU is the agreement that enacts the LTMP. The LTMP is exempt from the California Environmental Quality Act (CEQA) pursuant to Categorical Exemptions 15307 and 15308 as the LTMP enhances protection of natural resources and the environment. STAFF RECOMMENDATION It is recommended that the Council approve the attached Glenwood Open Space Preserve Memorandum of Understanding (MOU) between the City and the Land Trust of Santa Cruz County and authorize the City Manager to execute the MOU. TABLE OF CONTENTS PAGE Glenwood Open Space Preserve Memorandum of Understanding (MOU) ………… 3 Glenwood Preserve Long Term Management Plan …………………………………… 18 002 GLENWOOD OPEN SPACE PRESERVE MEMORANDUM OF UNDERSTANDING This Glenwood Open Space Preserve (“Preserve”) Memorandum of Understanding ("MOU") is entered into this 21st day of March, 2018, by and between the City of Scotts Valley, a municipal corporation (the "City"), and the Land Trust of Santa Cruz County, a California nonprofit public benefit corporation (the "Land Trust"). RECITALS A. The City is a general law city located in Santa Cruz County. B. The Land Trust is a nonprofit public benefit corporation which, in cooperation with public and private interests, protects and manages lands of significant natural resource, agricultural, cultural and open space value. C. On or about September 5, 2001, City adopted Ordinance No. 16-ZC- 190, approving Specific Plan Amendment No. SP99-02, Zone Change No. ZC99- 02 and Development Agreement No. DA00-01 for a residential development project known as the Glenwood Residential Project (the “Residential Project”). On or about October 17, 2003, the Final Subdivision Map for the Residential Project (the "Map") was filed in Volume 104 of Maps at Page 30, official records of Santa Cruz County. Approval of the Residential Project was conditioned upon the dedication of certain land surrounding the Project for open space purposes. D. The California Wildlife Conservation Board (“CWC Board”) entered into Grant Agreement No. WC-2124DT dated May 16, 2003, pursuant to which the CWC Board granted to the Land Trust the sum of $3,100,000 for the acquisition of fee and/or conservation easements over the Preserve or portions thereof. In the terms of the Grant, the Land Trust agreed that all property or conservation easements acquired from grant funds will be for the purposes of wildlife habitat preservation, restoration and management, wildlife-oriented education and research, and for compatible public uses, all as may be consistent with wildlife habitat preservation. E. A Mitigation and Monitoring Reporting Program (the "MMRP"), for the Glenwood Open Space Management Plan (the "Plan") was approved by City on June 4, 2003, which can be found at: https://www.dropbox.com/s/8uw985e0e6uasji/Glenwood%20Revised%20EIR%2020010 615.pdf?dl=0. In the event of an inconsistency between the MMRP and the LTMP (defined below), the LTMP shall control. F. A Memorandum of Understanding ("Original MOU") was entered into on the 17th day of December, 2003, by and between the City and the Land Trust which required, among other things, the acquisition of grant funding, the acquisition of land to dedicate Glenwood Preserve MOU, Page 1 003 to open space, the management of the Endowment (described in paragraph 7) , and the implementation of the Plan. G. On or about December 18, 2003, the City granted to the Land Trust a Conservation Easement and Agreement recorded on December 31, 2003 as Instrument No. 2003- 0125861 relating to Parcel B as described on the Map. On or about December 18, 2003, the City granted to the Land Trust a Conservation Easement and Agreement recorded on December 31, 2003 as Instrument No. 2003-01255583 relating to Lots 45, 46, 47, 48, 49 and Lots C and D as described on the Map (collectively, the “Conservation Easements”). H. Through various funding sources, several parcels of real property now comprising the Preserve were acquired by the City, the Land Trust and the Scotts Valley Water District. The Preserve contains approximately 170 acres and is divided into nine parcels owned by the City (with APN: 023-241-16; 023-241-17; 023-241-18; 023-241- 19; 023-241-20; 023-241-21; 023-241-22; 023-241-23;023-241-24), one parcel owned by the Land Trust (APN 023-241-25) and portions of one parcel owned by the Scotts Valley Water District (APN 023-241-13).1 I. The Preserve is bounded by the Salvation Army Redwood Glen Camp and Conference Center to the west, Canham Road to the north, Tabor Road neighborhood to the east, and Scotts Valley High School, Siltanen Park, and Vine Hill Elementary School to the south. Glenwood Drive bisects the Preserve into two units, referred to herein as the East Preserve and West Preserve. The East Preserve consists of four pastures and a stock pond divided by internal fences.2 J. A Long Term Management Plan for the Preserve dated November 7, 2017 (“LTMP”) was prepared by WRA, Inc. for the Land Trust and the City, and in coordination with the US Fish and Wildlife Service. The LTMP describes the long-term management and monitoring of species listed under the Federal Endangered Species Act and the California State Endangered Species Act, and other sensitive species and habitats within the Preserve. The LTMP also describes management and public use of the Preserve including construction and maintenance of a public access trail system and associated pasture infrastructure designed to enhance and protect sensitive species habitat. 3 The City approved the LTMP on December 6, 2017. L. The City and the Land Trust agree to jointly implement the LTMP on the terms and conditions set forth in this MOU. 1 Section 1.2 of the LTMP. 2 Ibid. 3 Section 1.1 of the LTMP. Glenwood Preserve MOU, Page 2 004 NOW, THEREFORE, the City and the Land Trust agree: 1. Implementation of LTMP. The LTMP lays out management and monitoring strategies to preserve the endangered and sensitive species and habitats that occur on the property, including the Ohlone tiger beetle, Scotts Valley spineflower, wetlands and riparian areas. A table of rare species is included as Table 6 to the LTMP and a table of monitoring and management actions is contained in Table 7 to the LTMP. The LTMP authorizes public access, and presents the opportunities and constraints for building and maintaining public access trails to ensure that the species and habitats are protected. Under the LTMP, habitat management will continue to be performed primarily through livestock grazing, with additional vegetation management and erosion control activities.
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