HomeMy WebLinkAbout2015-08-31 Ordinance 5344DocuSign Envelope ID: E7ABEB8B-9B80-40DD-9FAO-DE07A24611ED
·· ·'-Ordinance No. 5344
Ordinance of the Council of the City of Palo Alto Approving and
Adopting a Plan of Improvement for Byxbee Park Hills
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings. The City Council finds and declares that:
(a) Article VIII of the Charter of the City of Palo Alto and Section 22.08.005 of the Palo
Alto Municipal Code require that, before any substantial building, construction, reconstruction
or development is commenced or approved, upon or with respect to any land held by the City
for park purposes, the Council shall first cause to be prepared and by ordinance approve and
adopt a plan therefor.
(b) Byxbee Park Hills is dedicated to park purposes.
(c) The City intends to authorize construction.of certain park improvements within
Byxbee Park Hills, as shown at Exhibit "A". The improvements include, without limitation, the
following:
(1) Construction of new trails;
(2) Construction of native habitat islands;
{3) Construction of pedestrian bridge;
(4) Construction of group gathering node;
(5) Installation of new park benches;
{6) Installation of new interpretive and way-finding signs; and
(7) Construction of burrowing owl habitat areas (pending regulatory
approval)
(d) The improvements do not require removing any trees.
(e) The improvements described above and as more specifically described at Exhibit
'.'A" are consistent with park and conservation purposes.
(f) The Council desires to approve the project's improvements described above and as
more specifically described at Exhibit "A".
SECTION 2. The Council hereby approves the plan for construction of improvements
within the Byxbee Park Hills and hereby adopts the Byxbee Park Hills Interim Park Concepts,
attached hereto at Exhibit "A" as part of the official plan for the construction of improvements
within Byxbee Park Hills.
SECTION 3. The Council finds that the plan for construction improvements identified
in the Byxbee Park Hills Interim Park Concepts is categorically exempt from environmental
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review under the California Environmental Quality Act (CEQA), per Section 15303 New
Construction or Conversion of Small Structures.
SECTION 4. This ordinance shall be effective on the thirty-first day after the date of
its adoption.
INTRODUCED: August 17, 2015
PASSED: August 31, 2015
AYES: BERMAN, BURT, DUBOIS, FILSETH, HOLMAN, SCHARFF, SCHMID, WOLBACH
NOES:
ABSENT: KNISS
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
~DocuSigned by:
fd1,e-i,()t l!u~
OE6361401019434 ...
Senior Asst. City Attorney
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~{LL.--
Mayor
APPROVED:
("; DocuSigned by: ~~3::~.
Director of Community Services
GDocuSigned by:
b~ {J,.,~
B2ADF35ED7C5496 ...
Director of Administrative Services
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Palo Alto Baylands Preserve
Byxbee Park Hills
Conceptual Landscape Plan and Narrative
May 201 5
City of Palo Alto Public Services Department, Open Space Division
City of Palo Alto Public Works Department
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. Palo Alto Baylands Preserve
Byxbee Park Hills
Interim Park Concepts Narrative
May 2015
Prepared by
City of Palo Alto Public Services Department, Open Space Division
City of Palo Alto Public Works Department
Oasis Associates Landscape Architects
MIGITRA Environmental Sciences
r
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Palo Alto Baylands Preserve
Byxbee Park Hills
Interim Park Concepts Narrative
Table of Contents
1.0 Summary and Introduction ................................................................................................... 1
2.0 Physical and Biological Setting ............................................................................................. 3
3.0 How the Park Concepts were Developed ............................................................................. 5
3.1 Site History ........................................................................................................................ 5
3.2 Public Participation in the Interim Park Concepts Plan ...................................................... 5
3.2.1 Specific Comments and Responses ........................................................................... 6
3.3 Existing Park Facilities and Activities ............................................................................... 11
3.3.1 Park Amenities .......................................................................................................... 11
3.3.2 Hours of Operation and Typical Park Use ................................................................. 11
3.4 Current Landfill Monitoring and Maintenance ................................................................... 11
3.5 Existing Park Operation and Maintenance ....................................................................... 12
4. Proposed Interim Park Concepts ........................................................................................... 14
4.1 Park Amenities .............. · .................................................................................................. 14
4.2 Burrowing Owl Management Plan ................................................................................... 15
4.3 Park Operation and Maintenance Activities and Best Management Practices ................. 19
4.4 Interim Park Plan Evaluation Schedule and Future Planning ........................................... 21
5.0 Compliance with Baylands Master Plan Goals .................................................................... 21
Appendix A: Figures ................................................................................................................... 23
Appendix B: Regulatory Information .......................................................................................... 35
Appendix C: Burrowing Owl Management Plan ......................................................................... 39
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Byxbee Park Hills Interim Park Concepts Narrative
Palo Alto Baylands Preserve
Byxbee Park Hills
Interim Park Concepts Narrative
1.0 Summary and Introduction
Page 1
The Palo Alto Landfill is owned, monitored and maintained by the City of Palo Alto. It is located
in the 1 ,940-acre Baylands Nature Preserve, which is part of the Baylands Planning Area (see
Figure 1 in Appendix A). The landfill operated from the 1930's to 2011 and is now in the
closure/post-closure phase. The landfill was built in phases. Phases I, I lA and liB were
completed and closed and are currently open for park use. Phase IIC is anticipated to be
completed and closed in 2015, then the interim park concepts plan will be implemented over the
entire landfill except for the Measure E area 1.
By law, the City is required to monitor the landfill for a minimum of 30 years to assure it does not
pose a safety hazard resulting from refuse settlement, the release of landfill gas, or the
creation/release of leachate, which is liquid that has come into contact with the buried refuse.
The integrity of the landfill is monitored by the Palo Alto Public Works Department, using a
system of groundwater, leachate and gas monitoring wells. The post-closure activities, including
those that are related to the end use as a park, are approved and overseen by state agencies,
including Cal Recycle and its Local Enforcement Agency (Santa Clara County), the Bay Area Air
Quality Management District, and the Regional Water Quality Control Board. •
The long-planned end use of the landfill is parkland. It is part of the Byxbee Park Master Plan,
and portions of it have already been closed and developed for park use. In accordance with the
City of Palo Alto Comprehensive Plan the landfill will eventually be converted to park use (with
the possible exception of the Measure E area), and is called the Byxbee Park Hills. Byxbee Park
activities and maintenance, including the Byxbee Park Hills, are under the supervision of the
Open Space Division of the City of Palo Alto Community Services Department. The park is used
predominantly by pedestrians, but also dog-walkers, and bicyclists2•
The park design concepts described in this narrative and shown in the attached drawings
(Figures 2 and 3 in Appendix A) will be tested before a final park plan is developed. The
concepts address trail locations, vegetation types and management methods, irrigation,
benches and signs, and burrowing owl (Athene cunicularia hypugeae) nesting and forage
habitat. The existing art features will be left in place. Ongoing maintenance of the closed landfill
by Public Works and of the park landscape and amenities by Community Services will be
necessary after the site is converted to park use. Public Works may need to periodically close
portions of the park for landfill maintenance or repair.
1 Measure E was passed by the electorate to study the use of a portion of the closed landfill for a waste-
to-energy facility. That study is in process, and the Measure allows 10 years for the study to be
completed. The earliest the area will be available for park use is 2021, depending on the outcome of the
study. The Measure E area is shown on the plans as a square on the landfill near the wastewater
treatment plant.
2 A recent survey of 117 Byxbee Park Hills patrons indicate that 57 percent were pedestrians, 24 percent
were cyclists, and 19 percent were dog walkers (R. Bicknell, pers. Comm.)
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The concepts reflect a balance among many factors: providing high-quality wildlife habitat,
protection of special-status wildlife species, public safety and compliance with the state and
federal regulations that govern the landfill, and public desires for park amenities. The concepts
for each amenity are summarized as follows:
Trails: trails have been designed with three primary considerations: 1) combining trails and
landfill maintenance access roads; 2) providing loops; and 3) providing Americans with
Disabilities Act (ADA) access. Based on past management experience at this park, installing
dead end or destination trails has resulted in the creation of undesirable "renegade" or
"volunteer" trails. Renegade trails adversely impact aesthetics and wildlife habitat, and increase
park. maintenance costs. Thus, dead end/destination trails have been avoided in favor of loop
trails with nodes for viewing wildlife and the surrounding area.
Benches: The design includes simple wooden slat benches on a curved steel frame. Benches
are placed to take advantage of surrounding views and provide opportunities to stop and view
wildlife. Seating is also proposed at the vegetative island groupings (up to 5 locations) and the
group gathering node (up to 2 locations). There are currently 15 benches along the bayshore
trail and 2 benches on higher slopes. The concepts plan proposes 4 benches in the Phase I
area, 4 in the Phase IIA area, 2 in the Phase liB area, and 4 in the Phase IIC area in addition to
the seating associated with the islands and nodes. All bench locations provide a view of the
surrounding environment.
Signs: the interim park concepts plan includes three types of signs. In addition to the entrance
sign, the plan includes wayfinding and interpretive signs to help park users understand where
they are and what is special about the preserve. The signs have been designed and placed to
minimize visual intrusion and maintenance costs, and to adhere to the Baylands Site Design
Guidelines.
Vegetation: revegetation of a landfill is limited to plants that do not have deep roots. Plants with
deep roots can compromise the final cover of the landfill and create routes for water to enter the
buried waste or for gas from the buried waste to escape. The regulatory agencies are sensitive
to these issues and tend to restrict the use of shrubs or trees that have deeper roots than
annual grasses and wildflowers. Erosion control is also necessary. Because of these concerns,
the park vegetation is dominated by grassland species, which provide erosion control and do
not penetrate the one-foot clay cap. If approved by the agencies, vegetation also could include
shallow-rooted shrub species that have been documented as compatible with landfill covers.
This may be more feasible on the evapotranspirative cover in the Phase IIC area, which is four
feet deep. The interim park concepts plan also includes vegetation islands in order to provide
more variety in vegetation types and heights for both wildlife value and aesthetics (see next
paragraph). In addition, the proposed maintenance plan incorporates mowing practices that will
result in different vegetation heights across the open areas of the park. This will promote a
diverse vegetative structure of low and medium height that will benefit wildlife with a variety of
cover and forage opportunities. The landfill lacked vegetation while it was active, and the Interim
Park Plan proposes plantings that are compatible with landfill regulatory requirements and
wildlife needs.
Due to the public's desire for more variation in vegetation in the park for aesthetic interest,
shade, and habitat value, the park concepts include islands of shrub-sized vegetation in the
previously closed areas. These islands will be built above the landfill cover, and are lined to
prevent root penetration into the landfill cover. As a result of being lined, these islands cannot
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support the root system required for shade trees. Furthermore, shade trees are not natural to
the baylands environment and are not encouraged for ecological reasons. Raptors (e.g., hawks)
use trees to hunt. Introducing shade trees could adversely impact species native to the
baylands, including special status species such as the salt marsh harvest mouse, Ridgeway
(California clapper) rail, black rail, and western burrowing owl. The interim park concepts plan
includes eight locations for vegetative islands. A pilot project of one to three islands will be
installed first to assure they are successful, and to prepare any design changes before funds
are spent on all eight islands.
Burrowing Owl: The interim park concepts plan includes areas set aside for potential burrowing
owl nesting habitat, a scarce resource for this special-status species. The nesting habitat is
delineated from human use by a low berm and would be located in areas of the landfill where
the cover will be deep enough to allow burrow activity without compromising the integrity of the
landfill cover. The nesting habitat will include artificial burrows and will be seeded with grasses
to create the type of habitat conducive to burrowing owl nesting. The installation of this habitat,
however, will require approval from the landfill regulatory agencies. Agency staff may not
approve this concept because it involves burrows.
The remainder of the landfill and the surrounding area will provide forage for burrowing owl. In
order to enhance forage opportunities for the owl across the landfill, some of the areas of the
landfill will mowed to a different height, or left unmowed, and rock piles and mulch mounds will
be installed to create habitat for insects. The tentative locations of these are shown in Figure 2.
The Burrowing Owl Management Plan is attached as Appendix C.
2.0 Physical and Biological Setting
Landfilling started in the salt marsh adjacent to San Francisco Bay in the 1930's before the
ecological value of the salt marsh wetland and the potentially hazardous nature of landfills were
recognized. The landfill now consists of a hilly area rising to a maximum of 60 feet in elevation
above sea level in an area that was historically flat. Its height is reflected in its name as the
Byxbee Park Hills.
The area surrounding the Byxbee Park Hills contains fresh and saltwater wetlands, the
wastewater treatment plant, the Palo Alto airport, office buildings, the golf course, the duck
pond, the Environmental Volunteers center and the Baylands Nature Interpretive Center.
The Palo Alto Baylands provides habitat for a wide variety of common birds, including both
aquatic and upland species such as ducks, herons, sparrows, and blackbirds. Common
mammal species include mice (Mus sp.; Peromyscus sp.), vole (Microtus sp.), ground squirrel
(Spermophilus beecheyt), brush rabbit (Sylvilagus bachmam), black-tailed hare (Lepus
californicus), raccoon (Procyon /otor), and gray fox (Urocyon cinereoargenteus), among others.
All of these species are expected to occur in the Byxbee Park Hills. Special status species are
discussed below.
The Baylands Preserve historically and currently provides habitat for special..,status species
associated with salt marsh habitat (Table 1); species known to occur in the vicinity of the
Byxbee Park Hills, include the salt marsh harvest mouse, Ridgeway (California clapper) rail,
snowy egret, northern harrier, white-tailed kite, and western burrowing owl.
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T bl 1 S . I t t a e ipecla -s a us spec1es
Common Name Scientific Name
Plants
Point Reyes bird's-beak Cordylanthus maritimus
Akali milk-vetch Astragalus tenervar. tener
Hoover's button celery Eryngium aristulatum var. hooveri
California seablite Suaeda californica
Congdon's tarplant Hemizonia parryi ssp. congdonii
Animals
Longfin smelt Spirinchus thaleicthyus
California clapper rail Rallus longirostris obsoletus
California black rail Lateral/us jamaicensis ssp. coturniculus
Western snowy plover Charadrius alexandrinuss nivosus
Snowy egret Egretta thula
Double-crested cormorant Phalacrocorax auritus
California least tern Sternula antillarum
Northern harrier Circus cyanus
American peregrine falcon Falco peregrine anatus
White-tailed kite Elanus leucurus
Burrowing owl Anthene cunicularia hypugeae
Alameda song sparrow Melospiza melodia pusil/ula
Saltmarsh commonyellowthroat Geothlypis trichas sinuosa
Saltmarsh harvest mouse Reithrodontomys raviventris
Changes in the baylands habitat occurred over time as the salt marsh was gradually filled and
upland vegetation became established. As a result the Baylands now also provides habitat for
the western burrowing owl, a species of special concern, and roosting habitat for herons,
protected by California Fish and Game Code and the Migratory Bird Treaty Act.
When the Palo Alto Baylands was a saltmarsh3 it did not provide burrow habitat for the western
burrowing owl, however, because of the gradual loss of its grassland habitat in areas located
between the bay wetlands and the forested foothills, and the gradual increase in filled areas in
the baylands that now contain grassland and ground squirrels this species has found refuge in
these areas, including at landfills, airports, and golf courses. Because this owl species is likely
to be extirpated in the south bay region due to the significant reduction in its habitat, passive
park uses around the south bay have been identified in the Santa Clara Valley Habitat·
Conservation Plan as particularly important for protecting this species.
The vegetation in the baylands includes species tolerant of salt-water, salt in the soil, and salt in
the wind that blows from the bay. As a result, the native vegetation is typically low-growing
except for a few shrub species. The creeks that led to the bay provided freshwater habitat for
trees, but native California trees do not tolerate salt water, and were not historically present in
the baylands. Tree species currently found in the area are predominantly eucalyptus species.
Wildlife uses open space for food and cover, and wildlife habits are adapted to the physical
features in the environment. The animals that use the baylands are adapted to an environment
3 About 100 years ago the saltmarshes around San Francisco Bay were much more extensive. In this
area the marsh extended to US 1 01.
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that does not include trees. A significant change in vegetative structure would affect the
dynamics, and potentially harm protected species. For example, trees introduced into the
baylands may provide an opportunity for predators (e.g., raptors such as hawks, owls) to
establish hunting territories they could not have established before. That opportunity could
significantly affect the special-status species that both provide a food source (i.e., salt marsh
harvest mouse, Ridgeway [California clapper] rail, Western burrowing owl) and that are
impacted by the competition for a food source (i.e., Western burrowing owl).
3.0 How the Park Concepts were Developed
The Byxbee Park Hills Interim Park Concepts were developed with input from the City of Palo
Alto Public Works Department regarding the landfill, the City of Palo Alto Community Services
Department regarding park use and maintenance, and the public. The project team looked at
the site history, the regulatory requirements, current features and uses, and the biological
resources, particularly burrowing owl. All of the information collected from these sources was
used to develop the concepts that are presented in Figure 2.
3.1 Site History
The landfill began receiving waste in the early .1930s and operated as a Class Ill non-hazardous
waste landfill. In 1978 the Palo Alto City Council approved the Baylands Master Plan and
adopted the Environmental Impact Report, which included a principal element of converting the
landfill to a pastoral park after closure. In 1989, the Council approved the Byxbee Landfill Park
Master Plan and Phase I Park development.
The park has been developed and opened to the public in several phases. Phase I contains 29
acres located in the northeastern part of the Landfill, and it is currently developed as a passive
park with trails, restrooms, and art features. Phase IIA and liB covers 46 acres immediately to
the south of Phase I and have been capped and opened to the public. Phase IIC (51 acres) will
be ready for park developmentin 2015. A Final Closure and Postclosure Maintenance Plan for
each phased closure of Phases IIA, liB and IIC were approved by the Regional Water Quality
Control Board, the California Integrated Waste Management Board (now called Cal Recycle),
and the Local Enforcement Agency (the Santa Clara County Department of Environmental
Health). A final Closure and Postclosure Maintenance Plan was approved in January 2014.
The landfill reached refuse capacity in late July 2011 and is now in the process of closure, which
is expected to be completed in 2015. ·
3.2 Public Participation in the Interim Park Concepts Plan
On July 10, 2014, City staff met with a group of Baylands stakeholders at the site, including
community members in support of parks and representatives from Canopy, Acterra, and the
Audubon Society. The draft concepts for Byxbee Park Hills were presented for discussion. The
primary concerns raised by stakeholders during the meeting related to impacts to wildlife,
regional connections, trail surfaces, and signage. The plan was subsequently modified to
reduce the number of trails to the minimum necessary for landfill maintenance and safety.
On September 23, 2014, City staff presented the revised plan to the Parks and Recreation
Commission at a regular hearing. Comments received at that time included concerns about the
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trail surface being easy to navigate (smaller rock), avoiding the use of roundup and mowing,
providing connectivity between the habitat islands for wildlife, using smaller vehicles in the park
if possible, having less art at the park, adding shade but not necessarily adding trees, providing
a variety of vegetation heights, providing a trail connection to Faber Place, including stairs for
runners to use as a fitness tool, and adding dead-end trails for wildlife viewing. These
comments are addressed below.
3.2.1 Specific Comments and Responses
The following issues were raised by the Parks and Recreation Commission, various
stakeholders, and by members of the public who attended the Parks and Recreation
Commission hearing.
Mowing/Roundup/Weed Management. Additional details were requested regarding where
mowing will occur, and how it will impact wildlife and their habitat.
Mowing has two functions: weed control and habitat enhancement for burrowing owls. Because
optimal nesting habitat for burrowing owls consists of grasses less than about six inches in
height around the nest burrow, the "burrow habitat" shown on Figure 8 of the Management Plan
for the Western Burrowing Owl Byxbee Park Hills (Appendix C) will be mowed at a frequency to
maintain grass height at six inches or less, except when there are active nests. Optimal foraging
habitat for burrowing owls consists of a mosaic of different vegetation heights along with
features such as rock, brush and mulch piles that provide habitat for a variety of prey species
including invertebrates (earwigs and Jerusalem crickets) and small mammals (field mice, voles).
Mowing in areas of the landfill that are not set aside for burrow habitat will occur at a frequency
sufficient to suppress invasive weeds, and will provide "forage habitat" (see Figures 8 and 9 of
the Management Plan for the Western Burrowing Owl Byxbee Park Hills).
Generally speaking, the areas that are mowed to a height of 6 inches or less provide less
vegetative cover for small mammals, so these species will be expected to forage and breed at a
higher frequency in the forage habitat than in the burrow habitat. Similarly, invertebrate and
small mammal species are expected to be more numerous in forage habitat areas where mulch,
brush and rock piles have been added and where less frequent mowing will allow dense
vegetative cover to develop. Portions of the graded landfill cover with 25 percent or greater
slope will be left largely natural, unless. vegetation management is absolutely necessary due to
fire safety or other regulations.
Integrated Pest Management (I PM) is an approach used to minimize risk to people and the
environment during pest control activities. It focuses on long-term solutions that prevent new
pest species from being introduced, careful tailoring or pest management to determine the most
effective strategy, and combining management techniques to maximize effectiveness. Staff will
explore all other reasonable efforts to control pests and weeds before using pesticides, in
accordance with City's IPM policy. Techniques attempted thus far have included hand pulling
weeds, solarization, flaming, and applying natural herbicides such as apple cider vinegar. While
these techniques have met with some success, in limited situations herbicide is the only way to
address the weed issue. For example, herbicide has been the only effective technique for
removing weeds from trails in the Byxbee Park Hills.
Vegetation Planting and Management. Various parties were concerned about what plant
species could be included in the habitat island areas as well as throughout the rest of the park.
Specific concerns raised include protection of the landfill cap and leachate management, shade,
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aesthetics, public access to vegetation islands, connectivity between vegetation islands, and
connectivity between the park and other natural habitat areas.
Phases I, I lA, and liB have a compacted clay cap that is one foot deep in some areas with a
topsoil dressing of an inch or two for planting erosion control grasses. Landfill regulations
addressing the integrity of the cap restrict the type of vegetation that can be planted on closed
landfills to plants that are shallow rooted and provide erosion control, typically grasses and
forbs. The Interim Park Concepts includes vegetation islands that have an additional three to
five feet of cover so that plants with roots up to five feet deep can be grown. This will benefit
both wildlife by providing more diverse habitat and also park users by adding aesthetic elements
to the park. Plant species identified in the Interim Park Concepts were chosen on the basis of
root depth. Because most shade trees have deep roots, smaller trees and shrubs such as shore
pine, buckeye and manzanita, which provide less shade, were selected. Plants with roots
deeper than one foot cannot be allowed to grow outside of the vegetation islands with the
exception of Phase IIC, which will have a three-foot evapo-transpirative cap that allows for
plants with deeper roots, such as shrubs. Thus, while shallow rooted perennials that invade
landfill areas outside of the vegetated islands and the Phase IIC area may be left in place,
shrubs and trees with deeper root systems will be removed to maintain the integrity of the
landfill cover. Grasses and forbs can and will be planted anywhere throughout the landfill
because their root systems are shallow.
The Interim Park Concepts Plan includes a palette of plant species and management methods
that will create habitat diversity for wildlife. It includes vegetated islands, low-mowed grassland,
mid-mowed grassland, and untended grassland. All of the common wildlife species that are
expected to occur at Byxbee Park Hills will take advantage of these habitats. Park users will
benefit by having aesthetically pleasing plantings in the park; it is not expected that park users
will enter the vegetated islands, due to poor access and dense vegetation.
The vegetated islands are connected by grassland areas. The common wildlife in the Palo Alto
Baylands area actively move between habitat types, and the vegetated islands are close
enough to each other to be accessible to wildlife. They will be part of a mosaic of natural habitat
in the Baylands Preserve locally, and around the edges of the south bay in a regional sense.
None of the amenities proposed in the Interim Park Concepts present a barrier to wildlife
movement.
Management of Burrowing Owls and Squirrels. Stakeholders raised various concerns about how
to best manage both burrowing owls and ground squirrels. Specific topics include how squirrel
management will impact the ecosystem, artificial burrow and burrow habitat maintenance, how
close trails should be to burrow habitat to minimize impacts on burrowing owl behavior, and if
burrow habitat could be fenced.
Ground squirrels occur in the lands immediately surrounding the landfill, so if squirrels are
managed inside the park, their predators (primarily hawks, but also foxes) can find ground
squirrel prey in the Baylands Preserve around Byxbee Park Hills. Rodent predators typically
have a hunting range of several miles, and have not depended on the landfill for prey, with the
exception of seagulls, because the landfill to date has provide limited habitat for small mammal
prey species. The predators will likely still forage inside the park in the absence of squirrels
because they also feed on other small mammals and reptiles that will forage and breed in the
park once the vegetation is established.
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Ground squirrels primarily consume plant material while they are feeding, and in doing so,
account for a significant amount of natural weed suppression. The weed suppression will not
occur in areas where squirrels are removed, but a mowing plan is in place for weed control. In
the absence of ground squirrels, it will also be necessary to construct artificial nest burrows for
burrowing owls. Park staff would have to regularly clean accumulated debris from the artificial
burrows in order to mimic the task that is performed by squirrels. In the absence of any
maintenance, burrows will fall into disrepair, the entrances will be blocked, and the burrow will
not be used by burrowing owls. Human clearing of owl burrows is not as desirable as ground
squirrel clearing because there may be subtleties associated with ground squirrel co-habitation
that cannot be mimicked by human management, it adds expense, and it could disturb resident
owls. However, if the regulatory agencies prohibit ground squirrel use in portions of the landfill
where burrowing owl nesting habitat is installed, the next best approach is for humans to keep
the burrow entrances clear.
Other maintenance activities for owls include mowing and clearing of burrow habitat. Shrubs
can be left in the forage habitat, but should be removed in the burrow habitat. Burrowing owls
prefer·open foraging areas, so fewer shrubs are optimal habitat. Shrubs also provide cover and
perching sites for burrowing owl predators such as feral cats and raptors, so are not beneficial
to areas set aside as burrow habitat. •
The Interim Byxbee Park Hills Concepts Plan will establish wildlife in an area where almost
none exists at the moment. Flushing distances are meaningful in situations where extremely
sensitive wildlife are already established and where a new disturbing activity is being
undertaken. At Byxbee Park Hills a baseline of human activity has been established, and wildlife
that can function within that baseline level will colonize the area, while disturbance-sensitive
species may not. Shoreline Park is an excellent example that burrowing owls will become
established in areas with the level of activity that can be expected at Byxbee Hills Park.
Adaptive management strategies, including the addition of perimeter mounds or fencing to
decrease disturbance to wildlife, can be undertaken if it becomes obvious that they are needed.
Other Wildlife. Stakeholders asked what wildlife could be expected to occur in the park if
burrowing animals are disallowed. Audubon requested that the City build nests or nesting areas
for swallows.
In the absence of squirrels, and potentially burrowing owls, once grasslands and other
vegetation become established, the typical grassland suite of species will quickly begin to
appear. These include invertebrates, field mice, deer mice and voles, gopher snakes and
western fence lizards, song birds such as black phoebe, sparrows, California towhee, various
flycatchers and aerial insectivores such as swallows, and raptors. At night the park will be used
by opossum, raccoon, and owls that occur in the vicinity.
Swallows generally nest on wood, concrete and stucco structures. Due to the issue of
subsidence, it is not possible to construct this type of structure on the landfill. Currently the
landfill does not support nesting habitat for swallows. Conversion of the landfill to a park does
not result in any negative impacts to swallow nesting and foraging habitat, and should increase
in foraging habitat area and quality.
Trails and Stairs. Many questions and concerns were raised about trails including the number
needed, appropriate trail substrate, off-road travel by maintenance personnel and hikers in their
absence, and trail "etiquette". The commission also asked if stairs could be added for runners.
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Landfill gas and leachate systems maintenance and monitoring are required by State and
Federal regulations. Landfill Staff need adequate pathways to service the hundreds of gas wells,
leachate wells, condensate sumps, valves and 'sampling ports. Staff needs to monitor and
perform maintenance on these components on a daily basis. Access is especially limited during
the wet season where the ground gets muddy and travel is restricted. Leachate well/pump
maintenance requires staff to bring tools, pumps, piping and fittings to the actual well location.
Staff needs to be abl.e to drive up to these wells in many cases.
There will be 1,850 feet fewer trails in Phase I than in the original Byxbee Park development. As
a result of comments from the stakeholders meeting, staff reviewed the draft interim park
concepts and eliminated 1, 1 00 feet of trails in Phases I lA and II B compared to the first draft, and
also removed 150 feet of trails on Phase II C. After the ad hoc committee meeting, an additional
500 feet of trail was removed. Staff has reviewed the options and has included the least
intrusive and minimum number of pathways to service the landfill maintenance systems. These
systems are monitored using a low impact vehicle. Ranger vehicles are only driven on
sanctioned roads, and Open Space staff does not typically need to drive off the roads and trails.
Exceptions are when there is a compelling reason to drive off road, such as a fire or medical
emergency, or when the work requires being off-road, such as mowing.
The off-road traffic is not expected to impact wildlife as long as trips are kept to a minimum,
access routes are reused for the trip in and out, low driving speed are maintained, and care is
taken to maintain a safe distance from wildlife occupying the area. These are in keeping with
current practices. In addition, renegade trails created by hikers will be scarified to discourage
usage and re-seeded with native seed mix to restore habitat. Signage will be added to indicate
sensitive habitat areas.
Trails will be graded and maintained so that they provide a smooth walking surface. They will be
made with Class II aggregate baserock to be stable and not rocky.
Stairs cannot be added to the site at this time because of issues related to landfill subsidence,
maintenance and repair, and liability concerns.
Park Utility Vehicles. Commenters voiced concerns about the use of large off-road equipment
and its impacts on habitat.
The City's primary responsibility is to comply with the legally mandated post-closure plan. As a
result, there may be times that heavy equipment is required to be used on the closed
landfiii/Byxbee Park Hills to repair the landfill cover and protect air and water quality. The
required post-closure duties include: (1) maintain the structural integrity and effectiveness of all
containment structures, and maintain the final cover as necessary to correct the effects of
settlement or other adverse factors; (2) continue to operate the leachate collection and removal
system as long as leachate is generated and "detected; (3) maintain monitoring systems and
monitor the ground water, surface water, and the unsaturated zone in accordance wit~
applicable requirements of Article 1, Subchapter 3, Chapter 3, Subdivision 1 (section 20380 et
seq.); (4) prevent erosion and related damage of the final cover due to drainage; and, (5) protect
and maintain surveyed monuments [installed under section 20950(d)]
Monitoring activities can be completed with a low impact vehicle. The City purchased a
lightweight turf vehicle, to minimize impacts on the trails. The utility vehicle (Kubota brand) is
used for monitoring and inspections of the landfill's environmental control systems as well as
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performing inspections of the landfill as required by Title 27, Section 21090 (C). It is used for
maintenance to the extent possible, basE;!d on maintenance needs.
Rock Swale. The Parks and Recreation Commission stated that the rock swale was
unattractive. Other commenters asked if the size of the swales shown on the plan maps is
correct.
The swales are water quality protection features. They are designed to reduce scouring and
erosion and to slow storm water flows off of the landfill and into the bay. The design minimizes
adverse impacts to water quality, and the rock swales are an important water quality compliance
feature. The size of the swales shown on the plan maps was checked and the correct sizes are
shown on the updated plans.
Public Art. Commenters expressed a desire for fewer public art features.
No additional public art is proposed as part of the interim concepts.
Signage. The Commission felt that signage restricting access to maintenance pathways may be
bypassed and ignored by the public, that signs for sensitive habitat and "trail etiquette" are
necessary, and interpretive signs for nature and art are desirable. Some like the signage
presented in the Interim Park Concepts, and others did not.
The Architectural Review Board reviewed the plans and gave staff guidance on the Byxbee
Park Hills destination sign.
The proposed signs for the Byxbee Park Hills were reviewed by staff in response to comments.
Please see the current plan set for proposed signs, which meet the Baylands Design
Guidelines.
Graphical Presentation of Plan. A commission member commented that contour lines were
incorrect on maps of the Park, and that it was not clear why certain areas are restricted to trail
development.
The contour lines provided on the map are correct. The maps have been revised to clarify
elevations and slopes, and the plans include a different line type so the contours are easier to
read. The trail map was developed by a landscape architect with trail expertise, and with
sensitivity to City staff concerns about trail design and maintenance. City Public Works and
Open Space staff have collaborated to develop the minimum necessary trail network.
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3.3 Existing Park Facilities and Activities
3.3.1 Park Amenities
Page 11
Trails. The Byxbee Park Hills currently contains trails that connect to other portions of the
Baylands Preserve and to Shoreline Park in Mountain View. The trail system is currently limited
to the portions of the landfill that are opened as parkland (phases I, IIA and liB)
Public Art. Public art in the Byxbee Hills Park includes several features installed around 1990.
These features include a k-rail chevron, a pole field, and a wind wave structure.
Habitat. The park currently provides ruderal grassland habitat for wildlife, including the
burrowing owl. It does not provide habitat for the special-status species that occur in the salt
marsh, except possibly where the upland habitat exists immediately adjacent to salt marsh. In
those areas it is feasible that salt marsh harvest mouse could travel a short distance into the
upland habitat, particularly if there is a high tide and it needs to move out of the pickleweed
marsh.
Park Signs. There are two metal signs in the Byxbee Park Hills, including the original aluminum
sign in the parking lot, and a general Baylands Nature Preserve sign about rules. Elsewhere in
the !3aylands Preserve there are wooden signs in the Design Science (Carl Rohr) style.
Furniture. The park currently contains two wooden benches on the top and 15 wooden benches
located along the Bayshore Trail on the perimeter of Byxbee Park Hills.
3.3.2 Hours of Operation and Typical Park Use
The hours of operation are 8 a.m. to sunset. Typical park use is passive, including
walking/hiking/running, bird/nature watching, mountain biking, and dog-walking. A recent poll of
117 park users found 57 percent of the users were pedestrians, 24 percent were bicyclists, and
19 percent were walking dogs.
3.4 Current Landfill Monitoring and Maintenance
California regulations mandate that the landfill be managed and maintained throughout a
minimum 30-year post-closure period based on an approved post-closure maintenance plan.
The primary purpose is to protect the integrity of the landfill cover, and monitor and to minimize
impacts to air and water quality by managing landfill gas and leachate. The City of Palo Alto
Public Works Department is responsible for landfill maintenance and management throughout
the 30 year post-closure period. Activities include importing soil and re-grading to correct areas
where the surface of the landfill has settled so that water does not pond, seep into the refuse
and create leachate, maintenance and repair of gas wells, pipes, and sumps, and leachate wells
and pipelines, and monitoring of leachate and gas extraction wells and piezometers. Emergency
repairs to these facilities may also be necessary. The laws that govern the landfill operation and
maintenance are described in Appendix B.
The landfill gas and leachate collection/monitoring facilities are largely concentrated in the
central areas of the landfill, with the perimeters having fewer areas that will require regular
access for maintenance. There is an unavoidable need for earth moving equipment, utility
vehicles and personnel to be able to access all areas of the landfill.and park. Vehicles will
remain on maintenance roads as much as possible.
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The landfill is comprised of several layers, including the waste layers, a cover layer or "cap" and
a vegetation layer. The cap is designed to minimize the release of landfill gas and leachate, and
to prevent infiltration of surface water. The landfill has been developed and closed in phases.
Phase I, Phase IIA and Phase liB are capped with a 12-inch thick clay cover. Phase IIC will be
capped with a 4-foot deep evapotranspirative (ET) soil cover in 2015.
Landfill leachate is monitored with 17 piezometers placed within the four phases of the landfill.
Leachate is pumped from the landfill through a network of 23 existing extraction wells equipped
with pneumatic pumps. The leachate is pumped to the City's sanitary sewer for treatment. A
perimeter groundwater monitoring well system is used to monitor the surrounding groundwater
in case there is a release of contaminants, from the buried waste. The groundwater monitoring
system consists of 13 existing wells·and sampling points located around the facility perimeter. A
perimeter drainage control system collects surface runoff as part of the landfill drainage and
erosion control system. Runoff is collected in v-ditches that discharge to catch basins that
discharge to surrounding water bodies. Runoff is also collected on the top deck of the landfill
using berms and buried storm water inlets and pipes
Five gas monitoring probes to monitor potential landfill gas migration are spaced at 300 to 500
foot intervals along the property boundary shared with the Palo Alto Regional Water Quality
Control Plant (PARWQCP). Several structures on the landfill and several structures at the
PARWQCP are monitored for the presence of landfill gas as a safety measure. Gas extraction
on the landfill is accomplished through a system of 109 wells distributed throughout the landfill.
The gas is pumped to a sewage sludge incinerator or an adjacent flare at PARWQCP via a
high-density polyethylene ·(HOPE) network.
Burrowing animals, including primarily the ground squirrel (Spennophilus beechey1), are
managed in landfill areas to insure that their burrowing does not damage the clay or
evapotranspirative caps. Damage to the cap can allow surface water infiltration and lead to
excessive load on the leachate extraction system; it also can result in the release of landfill gas,
compromise both leachate and landfill gas extraction systems by damaging piping, and lead to
violation of permit conditions.
Ground squirrels are controlled throughout the landfill with a Pressurized Exhaust Rodent
Control (PERC) system. The PERC system consists of a trailer-mounted combustion engine
that exhausts to a pressurized tank. A mixture of carbon dioxide and carbon monoxide is
delivered from the tank to the ground squirrel burrow, via a hose with a probe that is inserted
into the burrow entrance for a minimum of three minutes. Once treated, the entrance to the
burrow is sealed. Active burrows are identified for treatment by the presence of entering or
exiting squirrels and the presence of fresh mounds of dirt or evidence of new burrow excavation.
No treatment is applied where there are signs of burrowing owl occupation, including feathers,
pellets or other visual indicators of owl presence.
3.5 Existing Park Operation and Maintenance
This section describes existing park operation and maintenance activities. The proposed new
maintenance practices are described in Section 4.3, below.
Byxbee Park Hills is a passive use open space area with walking trails located on closed
portions of the landfill. Capped and contoured slopes of the landfill have been covered with a
layer of topsoil and hydroseeded with native grasses and forbs. The site is not irrigated, but the
Phase I, Phase IIA and Phase liB portions of the landfill that are open to park use have been
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revegetated with a combination of annual grasses and forbs. Phase IIC is in the process of
being capped and hydroseeded. In December 2014 approximately 18 acres was hydroseeded.
The remaining 33 acres is under construction. ·
The Palo Alto Community Services Department -Open Space, Parks and Golf Division is
responsible for the maintenance of the Byxbee Park Hills facility, apart from the landfill
maintenance activities that are implemented by Public Works. The City has assigned these
maintenance activities to a contractor. For the purposes of maintenance, the park is divided up
into three areas color coded as green, yellow and red (see Figure 4 in Appendix A). Areas color
coded in green are maintained each year unless repair to the landfill cap is ongoing. Areas
coded in yellow are still being capped. Areas coded in red were maintained beginning in 2014.
Maintenance requirements include vegetation management, trail repair, and repair of park
amenities. Maintenance activities include mowing, trail grading and filling, revegetation, coyote
brush removal, maintenance of signs and benches, and application of herbicide. The current
maintenance practices are described below.
Mowing. Currently mowing is conducted in May as a weed maintenance measure and to provide
sunlight to native perennials. All hydroseeded areas are mowed to a height of four to six inches,
with mowing repeated as necessary to meet these height specifications. Mowing is conducted
with a wheeled tractor fitted with a flail or rotary mower. A modified mowing regime to increase
the prey base for burrowing owl (and other raptors) is proposed (see Section 4.3, below).
Trail Maintenance. Six to 12-foot wide pedestrian and cycling trails were originally constructed
using an oyster shell, and baserock, but these have been replaced with ten to 12-foot paths
consisting of Class II aggregate baserock. Current maintenance methods used to maintain
unobstructed access along these pathways include spot treating weeds with herbicide.
"Renegade paths" created by cyclists and hikers who stray from established routes are rototilled
and seeded on an as-needed basis. Seeding occurs in winter months. Trails are repaired by
regrading and filling potholes or low spots as needed.
Revegetation. Two general methods of reseeding can occur at the Byxbee Park Hills -
mechanical and hydro-seeding. Prior to reseeding the soil will be loosened either by discing,
chiseling, or rototilling to a depth of six to eight inches. For mechanical seeding the seed and
fertilizer will be broadcasted then harrowed and ring-rolled. For hydroseeding, a balanced
fertilizer is first applied to the loosened soil at a rate of 50 pounds per acres, and two inches of
compost are tilled into the soil. Next, seed mixture is hydroseeded over the prepared area. The
current hydroseed mixture4 includes the following species:
• California brome (Bromus carinatus)
• Blue wild rye (Eiymus glaucus)
• Small fescue (Vulpia microstachys)
• Native clammy clover (Trifolium obtusif/orum)
Coyote Brush Removal. Under current maintenance activities coyote brush is regularly removed
from the park to prevent coyote brush roots from penetrating the landfill cap. Coyote brush is
removed concurrently with annual mowing.
4 Seed mixtures will be selected based on area-specific needs (erosion control, ecotype, etc.). Additional
seed mixes could include species approved in the Final Closure and Post-Closure Monitoring Plan
(December 2013), or from the list of seeds in the "Proposed Hydroseed Species" list on drawing L-1 -
Interim Construction Plan.
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Application of Herbicide. Herbicides are not a preferred means of vegetation control, and are
used with written permission of the Supervising Ranger and in accordance with state and local
regulations. Staff follows the City's Integrated Pest Management (I PM) policies and tries other
methods to remove weeds before using herbicides. Herbicides are only applied in designated
areas and time frames. As noted above, weeds on trails are spot treated with herbicides.
Herbicides may also be used to control noxious and/or highly invasive weeds that form dense
stands and reduce wildlife habitat quality if other methods are determined to be ineffective.
4. Proposed Interim Park Concepts
4.1 Park Amenities
Trails. The trails and maintenance paths are proposed to be ten feet wide. The trails will be
composed of Class II aggregate base rock. Redundant or unnecessary trails have been
removed, and trail alignments have been modified in a few areas to improve the park
experience. The existing bayshpre trail which connects Byxbee Park Hills to Baylands trails to
the north and south will remain in its existing alignment.
The trail system is composed of accessible trails most of which are less than 5 percent grade
while the maintenance roads (dual-use trails) can be up to 8 percent grade. Accessible routes
include both destination and loop trails that start at the parking lot.
Benches. The park concepts plan provides for up to 15 benches placed to take advantage of
surrounding views and provide opportunities to view wildlife, particularly birds (Figures 2, 3, and
4) in addition to benches provided at the vegetative island groupings and the group gathering
node (see Figure 2, Sheet L-2, and Figure 3, Sheet L-3.1). The proposed bench design is
wooden slats on a curved steel frame, with the option for a dedication plaque. Benches in the
vegetative island groupings would consist of a segmental seatwall bench, and seating in the
group gathering node will include benches that face outward to take advantage of the views.
Signs. Signs proposed in the interim park concepts include park entry signage (1), park
interpretive signs (5), trail marker signs (4), and park regulation signs (4). See Figure 2, Sheet
L-3 for sign designs and Figure 2 for conceptual locations. All signs comply with the Palo Alto
Baylands Design Guidelines.
The proposed park entry sign is a second tier sign in accordance with the Baylands Design
Guidelines and approved by the City's Architectural Review Board.
The park interpretive signs are intended as an educational tool to interpret unique natural,
cultural and historic features, as well as management activities for park visitors. These signs are
placed at trail nodes and overlooks, and a total of five signs are shown in the concept plan.
They are composed of a 42-inch PVC/MOO panel printed with informational graphics
surrounded by a two-inch frame on a 16-inch square wood base. They are four feet high.
The five trail markers are placed where users enter the park and at the group node. Each
indicates where the user is located on an illustrative map, and shows all of the trails and their
distances as well as park amenities. They have the same design as the park interpretive sign.
Up to four park regulation signs are sited in the park, at park entrances and at one vegetative
island grouping near the parking lot. These signs indicate important park-specific regulations.
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They are two feet wide and four feet tall with 4x4 square redwood top and bottom rails, an R7
aluminum sign panel (18x24 inches), and two 4x4 square redwood posts.
Vegetation. Most of the Byxbee Park Hills will be planted with grassland in order to maintain the
integrity of the landfill cover, which could be compromised by deeper rooted plants. Steeper
sloped areas will not be mowed as often as the flatter areas on the hilltops, so there will be a
variation in vegetation height. In order to provide some visual relief and wildlife habitat, the
Byxbee Park Hills Interim Park Concepts plan includes up to eight vegetated islands (Figure 2,
and Figure3, Sheet L-2.1). A limited number of islands will be constructed on a pilot basis before
all of the islands are installed. These are areas designed as mounds above the landfill cover,
with an HOPE liner underneath to protect the landfill cap. The additional protection allows for
planting shrubs and perennials, including sage, manzanita, coyote bush, California lilac,
buckwheat, lupine, and native grasses. Please see Figure 2, Sheet L-3 for a list of proposed
species. These will be installed on a pilot basis, so that their success and technology can be
tested.
Rock-lined Swales; Bridges. The finished landfill slopes include five swales which will be lined
with rock by Public Works to prevent erosion of the landfill cover (Figures 2 and 3, Sheet L-1.1).
Bridges are necessary in some areas for trails crossing these swales. The bridge aesign
consists of stacked segmental block walls with drainage culverts. The locations and an example
picture are shown in Figure 2, sheets L-1 and L-2. There are two existing bridges that will
remain, and there is one proposed bridge in the concept plan (see Figure 2, Sheet L-1 and
Figure 3, Sheet L-1.1).
4.2 Burrowing Owl Management Plan
Management actions for the burrowing owl take into account both landfill regulatory
requirements and the ecological needs of the owL These actions will only be implemented if the
Burrowing Owl Management Plan is approved by the regulatory agencies. Long term
maintenance and management of the lc:mdfill includes monitoring of and repairs to landfill control
systems and the landfill cover. Large-scale repair to areas where landfill subsidence occurs is
also anticipated. While the schedule of some of this work can be planned for the non-breeding
season for burrowing owls, emergency repairs may also be necessary. Management actions
addressed in the Burrowing Owl Management Plan (attached in Appendix C) include ground
squirrel control, public use and access, vegetation management, creation and maintenance of
artificial burrow sites, feral cat (Felis silvestris catus) control, and long-term monitoring. These
are summarized in Table 2. The measures that are included in the Burrowing Owl Management
Plan will benefit other grassland wildlife species as well, including small mammals, raptors, song
birds, reptiles, and invertebrates.
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Table 2 Summal)' of Burrowing Owl Management Activities
Activity Timing Condition Action Precautions
Install artificial owl burrows September to Area 1: construct 1 nest burrow, 3 satellite burrows according to Burrow construction is predicated on approval by landfill
February plans in Barclay 2008. regulatory agencies, which may impose additional
requirements.
Area 2: construct 2 nest burrows, 3 satellite burrows.
Area 3: construct 1 nest burrow, 2 satellite burrows.
Install habitat features such as rock September to Install these features where rodents and insects Create a minimum of 5 rock piles and 20 brush/mulch piles up to a Tentative locations may be subject to approval by landfill
piles and mulch piles February are infrequently observed and/or vegetation has maximum of 50 habitat features for owl prey species throughout both regulatory agencies.
not yet become established. nesting and foraging areas. To make rock piles, stack 15 to 17 6-
inch minus-sized rocks, rip rap or similar. Mulch piles will consist of
chipped wood, scattered to a depth of approximately 3-4" over a 1 00 ff are;;j. Brush piles Will consist of piles of sticks or twigs, or grasses
piled approximately 2 to 3 feet high by about four feet wide. See
attached for possible locations and example photos. Maintenance,
such as weeding of the habitat features is not required.
Install instructional signage As soon as feasible Along the edge of pathways bordering nesting habitat, install Keep sigriage vague to discourage vandalism of burrows or
after approval of signage stating "Sensitive Wildlife Area. Please Stay Ouf'. Consider harassment of nesting owls.
the Interim Park adding signage which says, "Sensitive Wildlife Area. Do not dump or
Plan. feed cats" and "Please no dog walking in this area. Keep dogs on a
leash at all times".
Mowing of forage habitat Twice Yearly-April Mow at the minimum frequency necessary for fire and weed control. Avoid mowing at dawn or dusk when owls are normally
and May The goal is to create foraging habitat with sufficient cover for small active.
rodents and insects. Slopes with a grade steeper than 25% will be
mowed at a decreased frequency to help create a mosaic of different
vegetation heights throughout the forage habitat. Where weeds form
dense, single-species stands in the forage habitat, mowing
frequency can be increased. Mowing may also be combined with
other methods of weed control in these areas.
Where vegetation cover is sparse consider adding mulch or brush
piles.
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Activity Timing Cond_ition Action Precautions
Mowing of burrow habitat Twice Yearly-Mow to keep vegetation at a height of Conduct preconstruction surveys for nesting owls prior to No mowing should occur within 250 feet of any active
February and approximately 5 inches or Jess. undertaking mowing between February and August. If an active owl burrowing owl nest burrow unless a qualified biologist has
November if owls nest burrow is found, an avoidance buffer of 250 feet should be conducted an impact assessment and established
are present. established. No mowing should occur inside that buffer. In alternative buffer distances in accordance with the
consultation with a qualified biologist, an impact assessment can be guidelines established in the CDFW Staff Report on
Feb, May, August conducted and if appropriate, buffer sizes may be reduced in Burrowing Owl Mitigation (2012)
and November if accordance with the CDFW Staff Report on Burrowing Owl
owls are not Mitigation (2012). Do not string trim breeding habitat areas. Mow
present. only.
Mowing in the
vicinity of active
burrows may be
done under the
guidance of a -qualified biologist
and must follow the
guidelines of the
CDFW Staff Report
(2012).
Artificial burrow maintenance Annually in early Debris accumulated at the burrow entrance. Conduct a survey for overwintering burrowing owls prior to clearing. Do not conduct maintenance on burrows occupied by
spring. February is Do not conduct maintenance on occupied burrows. burrowing owls.
suggested.
Clear the PVC tubing that makes up the burrow entrance of any
obstructions along its entire length using a plumbing snake such as
a General Pipe Cleaners D-25-2 Handy Drain Auger.
Feral cat control. As needed Cats are observed in the Park. Live trap and transport to Palo Alto Animal Care and Control. The non-native red fox (Vulpes vu/pes) may also occur at
Byxbee Park Hills and is known to prey on ground-nesting
birds. Contact United States Department of Agriculture for
guidance on fox control should they be observed.
Landfill maintenance activities As needed Emergency or routine landfill maintenance is Conduct a survey for burrowing owls prior to conducting any landfill If owls are detected during the breeding season, a 75-meter
needed. maintenance activities. Burrowing owls could potentially occupy a ( -250 feet) avoidance buffer should be maintained around
variety of natural and man-made features throughout the area, so any occupied burrow until young have fledged. If owls are
surveys should be conducted to ensure that maintenance activities detected during the non-breeding season a 50-meter (-170
do not impact owls. If owls are found to be present within 250 feet of feet) avoidance buffer should be established for the duration
work in the breeding season or within 170 feet of work in the non-of the activity or until owls are no longer present.
breeding season, contact CDFWfor guidance.
In the event landfill compliance emergencies require
immediate relocation of owls, owls should be passively
relocated by a trained biologist in consultation with the
California Department of Fish and Wildlife.
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Activity Timing Condition Action Precautions
Vegetation survey for grass height and Late January, April,
weed control July and October.
Monitoring burrowing owl use 3 times spaced Survey each burrow habitat area for signs of owl
apart during the use at the burrow entrances; document which
breeding season burrows are in use. Observe burrow and forage
(suggest March, areas for owl activity at dawn and at dusk. Report
June, August); burrow survey results to landfill and park
maintenance staff so that avoidance measures can
CNDDB report be implemented if necessary. Report sightings to
once per year the California Natural Diversity Database annually
(httQs://www.dfg.ca.gov/biogeodata/cnddb/submitti
ng data to cnddb.asQ). If burrowing owls are not
observed, the Supervising Ranger should consider
measures to improve habitat conditions such as by
altering the mowing regime, changing mowing
heights, or increasing the number of prey habitat
features (e.g., rock, brush, mulch piles).
Monitoring burrowing owl habitat 3 times spaced Maintain overall vegetation cover at approximately Survey rock, mulch and brush piles for presence of small mammals If vegetation is too sparse, burrowing owl prey species are
quality. apart during the 70%, and no less than 50%. No more than 50% of and insects. Conduct a visual inspection of the rock piles for small unlikely to be present, and burrowing owl habitat would be.
breeding season all areas of the park intended to be vegetated mammals, and/or signs of mammal use such as droppings, flattened considered of low quality.
(suggest March, either with hydroseed or other planting, should grasses. Inspect brush piles by lifting material with a shovel or
June, September) remain bare ground. If 70% vegetative cover is not similar to see if rodents, insects or other prey species move out of
achieved, staff will review remediation measures to the pile when disturbed. Report results to the Supervising Ranger. If vegetation is too tall in dense stands, burrowing owls will increase the vegetative cover, such as re-seeding
with a revised seed mixture. not be able to access the habitat to forage or breed.
If prey species are not present, the Supervising Ranger should
consider decreasing the mowing frequency, repeating hydroseed
Dense monotypic stands of invasive weed species should application, and/or adding more habitat features such as rock, mulch
and brush piles. be controlled using methods known to control the particular
species. This may include mowing at a particular time of
year, hand pulling, applying herbicide, or a combination of
methods. Refer to the Maintenance Plan for a more detailed I
description of weed control techniques.
- -
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Byxbee Park Hills Interim Park Concepts Narrative Page 19
4.3 Park Operation and Maintenance Activities and Best Management Practices
The proposed park maintenance activities are described below, and an estimated schedule is
presented in Table 3.
Trail Maintenance. Trails will be inspected routinely by Open Space staff for disrepair, and a trail
maintenance request will be provided to the Supervising Ranger. Trails will be re-graded, filled
and re-compacted during the dry season. This may include grading/filling low spots/eroded
areas with trail material and compacting the material to assure water does not pond on the
trails, water runoff does not cause erosion, and safety hazards are repaired. Repairs will be
completed annually or according to a schedule approved by the Supervising Ranger, and will be
done during the dry season.
Vegetation will be removed from the trails on a regular basis either by hand (with tools) or with
herbicide as approved by the Supervising Ranger. The schedule will be determined by the
Supervising Ranger and may be combined with other vegetation management schedules and
contracts, and may be completed by a contractor or by a City employee as deemed appropriate
by the Supervising Ranger.
Maintenance of Signs, Benches, Site Furnishings. Signs, benches and other site furnishings will
be inspected routinely by Open Space staff for disrepair, and a maintenance request will be
provided to the Supervising Ranger. Maintenance may include repair to posts/legs to insure
they are plumb and the footing(s) are adequately covered and compacted, removal of graffiti or
repair of other vandalism, and repainting or replacement as needed and included in the Parks
budget.
Mowing Steep Slopes. Woody plants outside of the vegetation islands that are allowed to grow
in areas where they will not compromise the landfill cover will be trimmed by hand as necessary
to remove dead material, and will not be mowed. Grassland slopes will be mowed as specified
in the Burrowing Owl Management Plan (see below) if necessary. See the weed management
program for treatment of invasive/noxious weeds; in some cases heavy infestations require a
different method of treatment that does not include mowing.
Mowing Slopes Less Than 25%. These areas are subject to the same treatment specifications
as the steep slopes. The slopes are called out because different equipment may be necessary
on steep slopes.
Mowing Western Burrowing Owl Breeding and Foraging Habitat. Grasses and weeds will be
maintained at a height of less than five inches in the nesting burrow habitat areas to allow an
unrestricted view of the surrounding habitat from the burrow. Vegetation that is allowed to grow
too tall will discourage owls from colonizing the site and may cause them to abandon a site in
which they have overwintered in preference for an area with lower vegetation. A survey for
burrowing owls should be conducted in advance of mowing by Open Space staff. Mowing will be
conducted in owl breeding areas in February and November if owls are documented to be using
the burrows, and in February, May, August, and November if owls are not using the burrows
(i.e., avoid mowing when owls are nesting). No mowing should occur within 150 feet of any
active nest burrow. Because string trimming is a slower method of weed control, it requires a
much more invasive human presence. Mowing will be the principal method of weed
management in these areas and string trimmers will not be used when owls are present.
Optimal owl foraging habitat consists of grasslands with a healthy population of small rodents
and insects, so mowing of grassland foraging habitat will be conducted yearly in April and May,
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Byxbee Park Hills Interim Park Concepts Narrative
and for the remainder of the year it will be done only at a frequency necessary for fire
suppression.
Page 20
Weed Management in the Vegetative Island. Noxious weeds and invasive plant species, as
defined by the California Invasive Plant Council or Open Space staff, will be removed from the
vegetation islands by hand or with hand tools four times per year, or more frequently if approved
by the Supervising Ranger.
The irrigation system to the vegetation islands will be inspected at least monthly for 3 years after
installation to insure the plants are established, and then the inspection period can be reduced
as determined appropriate by the Supervising Ranger.
Plants that die in the vegetation islands in the first year will be replaced as recommended
. through adaptive management practices.
Weed Management in the Hydroseed Areas. Noxious weeds and invasive plant species, as
defined by the California Invasive Plant Council or Open Space staff, will be hand pulled,
mechanically removed or sprayed with herbicide subject to the approval of the Supervising
Ranger. Treatment methods for heavy infestations of noxious weeds and invasive plant species
shall be informed by "Weed Control in Natural Areas in the Western United States" published by
the University of California Weed Research and Information Center. Weed management will
occur four times per year, or more frequently if approved by the Supervising Ranger.
Maintenance of Landscape Art Features. Open Space staff will report any art features
maintenance needs to the Community Services Manager responsible for public art.
Maintenance of Swales/Drainage Systems. Rock-lined swales, culverts and other drainage
systems will be cleaned of debris and muck once per year, or as determined necessary by the
Supervising Ranger. Hand methods are recommended to maintain the integrity of the drainage
systems. Erosion damage will be repaired once per year, or as determined necessary by the
Supervising Ranger. This work may be done by a contractor or Open Space staff.
General Maintenance Notes. Perform a quarterly check of all areas of the landfill to ensure no
sinking or low spots. Re-grade, fill and compact areas where necessary to prevent water
accumulation or further ground disturbance. Areas of the final landfill cover that are not
successfully vegetated after hydroseeding will be re-seeded to provide erosion control, as
determined by Public Works.
Feral cat feeding stations that are found within the park will be removed and whenever they are
observed in the park, feral cats will be live trapped and transported to Palo Alto Animal
Services.
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Byxbee Park Hills Interim Park Concepts Narrative Page 21
Table 3. Estimated Maintenance 0::: Schedule ~ w 0::: 0:::
~ a:l 0::: w w
<( 1-~ w a:l co
<( ::::> :r: (/) w a:l ~ ~ (.) _. ::::> 0 w w ::::> 0::: 0::: C2 ~ w ~ (.9 1-1-> (.) z a:l z a..
<( w <( a.. ::::> ::::> ::::> w (.) 0 w ...., u.. ~ <( ~ ...., ...., <( (/) 0 z 0
TRAIL MAINTENANCE X X X X X
MOW OWL NESTING BURROW X X X X
HABITAT-Owls Absent
MOW OWL NESTING BURROW X X
HABITAT-Owls Present
MOW HYDROSEEDED AREAS X X X X
NOXIOUS/INVASIVE WEED X X X X
MANAGEMENT
BENCHES/SITE FURNISHINGS* X
RE-SEED (WEATHER X X
DEPENDENT)
IRRIGATION MAINTENANCE X X X X X X X X X
SWALES/DRAINAGE X
STRUCTURES*
LANDSCAPE ART FEATURES X
INSPECTION*
*Annually, timing to be determined by the Supervising Ranger; a suggested month is shown in the table.
4.4 Interim Park Plan Evaluation Schedule and Future Planning
Open Space staff will establish permanent photo-monitoring locations once the park has been
developed, and will take photos at these specific locations in at least two seasons during the
year. The reason is to document the progression of vegetation growth that benefits park users
and wildlife. The photo-monitoring stations need to include burrowing owl burrow habitat, forage
habitat in the rest of Byxbee Park Hills, habitat islands, and a landscape overview. The results
will be reviewed annually by the Supervising Ranger and if changes are necessary to the
maintenance and operation activities to improve vegetation results, the Supervising Ranger will
provide recommendations to the head of the Open Space Division and to the Public Works
landfill department.
In addition to the photo-monitoring, Open Space staff will keep a log of the monitoring activities
conducted under the Burrowing Owl Management Plan, if implementation of the plan is
approv~d by the regulatory agencies.
5.0 Compliance with Baylands Master Plan Goals
Master Plan Goals:
The overall goal of the master plan was to convert the landfill into a rolling pastoral park that
would be an environmental asset and a continuation of open space.
In addition, the master plan established the following goals:
MIG I TRA May2015
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Byxbee Park Hills Interim Park Concepts Narrative Page 22
• Preserve and expand marshes
• Protect wildlife and restore upland diversity of plants and animals
• Control access to environmentally sensitive areas
• Expand pedestrian and bicycle activities
• Reduce vehicle traffic in the Baylands
• Restrict storage and parking of vehicles
• Prevent additional urban intrusion
• Ensure the landfill area becomes a continuation of natural green space
• Integrate art with the park landscape
• Eliminate telephone and electric wires and poles
Additional goals include the following:
• Create habitat for burrowing owl populations to attempt to bring back historic burrowing
owl populations
• Control and remove invasive weeds
• Create a hill and valley effect in the park
• Provide panoramic views of the marsh
• Create an area within the Baylands that provides passive recreational opportunities that
are compatible with the goal of conserving and protecting the natural environment
The Byxbee Park Hills Interim Concepts Plan addresses the Baylands Master Plan goals in the
following ways:
• The park design is pastoral.
• The park offers numerous biking and pedestrian trails that provide access to the entire
park and numerous viewing opportunities.
• The trail system in the park provides pathways that guide park users and encourage
them to stay on trails by providing a more navigable surface. The trails system is
designed to keep pedestrians and bicyclists from entering environmentally sensitive
areas. The interim plan also incorporates trail marker and park regulations signs to keep
pedestrians and bicyclists on the trails and out of environmentally sensitive areas.
• No motorized vehicles except authorized vehicles (i.e., those used by Open Space
and/or Public Works staff or their contractors in the course of their duties, or emergency
vehicles such as police, fire, medical).
• The park is designed so that it incorporates upland open space and passive recreational
activities.
• The park provides panoramic views of the marsh.
• The park provides three locations to create burrowing owl habitat.
• The park design incorporates planting of native grassland and shrub vegetation.
• Invasive species and weed management is incorporated into the maintenance plan for
the park.
• The park provides wildlife habitat.
MIG I TRA May2015
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Byxbee Park Hills Interim Park Concepts Narrative Page 23
Appendix A: Figures
Figure 1. Project Location
Figure 2. Byxbee Park Hills Conceptual Landscape Plan Site Amenities and Layout (3 Sheets)
Figure 3. Byxbee Park Hills Conceptual Plan Construction Documents (6 sheets)
Figure 4. Byxbee Park Hills Maintenance Areas
MIG I TRA May2015
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I '1--',..,\JII\oA rA. I ' I I~ \.AI VV
0.05 0.1
Miles
0.2
Phase liB
Page A-1
Phase .IIA
Source: TRA Environmental Sciences, Inc., Esri, Digita/Giobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, /GN, /GP, swisslopo, and the GIS UsBr Community
Byxbee Park Hills Limits and Closure Phases
TRAF.NVIRONME!\'TAI. SCIENCES, Inc.
Figure 1 Regional and Site Vicinity
Byxbee Park Hills
DocuS~n Envelope 10: E7ABEB88-9880-4000-9FAQ-DE07A24611ED
= ACCESSIBLE TRAIL ® PROPOSED BRIDGE -MAINTENANCE PATH @) BENCH(ES)LOCATION -EXISTING BAYSHORE TRAIL @) PROPOSED VEGETATIVE ISLAND(S)
CD GROUP GATHERING NODE ® ip~~~~~~~[g~EE~i~E;~~~) ISLANDS
@ ~~~~ilt6~~::.3':1NG OWL ~~SIGN 1YPE, REFER TO SHEET L-3 FOR
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® MEASURE E AREA (+/-I 0 ACRES)
® EXISTING BRIDGE TO REMAIN
~ 0 ISO' 300' 600' ~ ~SCALE: I"= 300'
OASIS
ASSOCIATES
DocuSign Envelope 10: E7ABEB88-9880-40DD-9FAO-OE07A24611ED
PLAN 'It{: VEGETATIVE ISLAND GROUPING WITH VIEWING AREA
. .-:-:
PERSPECTIVE 'A': VEGETATIVE ISLAND GROUPING
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BY JEAN LUM HOY (9/2013) FOR ADDITIONAL
VEGETATION ISlAND UNDERlAYMENT
REQUIREMENTS
.
7
StJ.AllER VEGETATNE ISLAND,
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frlii1(W:
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~~--..... -
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DocuSign Envelope ID: E7ABEB8B-9880-40DD-9FAO-DE07A24611ED
Ill PARK ENTRY SIGNAGE
II 1!~~~s ~~~~~~~~AT ON AN ILLUSTRATIVE SITE '""" sHows AlL
TRAILS AND THEIR DISTANCES, AND SITE AMENITIES.
CIT Y O F
PALO
ALTO
D ~~~!e~~~~:~~!ET;~~~~::P~ET UNIQUE NATURAL, CULTURAL,
HISTORIC FEATURES, AND MANAGEMENT ACTIVITIES FOR PARK VISITORS.
a~~~J!~s ~~g~!,lf}_l~?,~IF~IGN
REGULATIONS.
VEGETATIVE ISLANDS PLANT LIST
~ COMMON NAME
A Arlem~o colifornico Colifornio Sogebrvsh
B Ardoslophylos 'Pocoloc Most' Pociloc Most Monzonite
C Ardostophylos 'Pumolo' Dune Monzonoto
D Alriplex lentilormis brewerii Coostol Quoilbush
E Bocchoris pilul. 'Pigeon Point' Coyote Bush
F Coonorhus moritimu' Blui/Liloc
G Coonorhus thrysillorus Bluo Blossom Lilac
H Eriogonum losciculotum Colifornoo Buckwheo!
I Eriogonum nudum Naked Buckwheat
J Eriophyllum :;toechodiloium Yellow Yarrow
K limonium perezii Seo lavender
l leymus cond. 'Canyon Prince' Canyon Prince Wild Rye
M lupil'lus chamaissol'lis Coostal Silver lupine
N Mimulus aurantoacus Sticky Monkey Flower
0 Muhlenbergoo rigens Deer Gross
P Ponus contorto v. cantorto Shore Pine
Q Solvio mellifero Block Sogo
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DocuSign Envelope ID: E7ABEB88-9880-40DD-9FAO-DE07A24611ED
KEY NOTES
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SHAP'f
4. PROPOSED BURROWING OWl HABIIAI. RlllK TO BURR0\'11:'11("; 0Wt. MANAGEM~NT PlAlll BY lRA ENVIRONM.I'ITAI. t0CT06U 2<1141.
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INTERIM PARK
CONCEPTS
BYXBEEPARKHILLS
PIILO At. TO, CA
CITY OF
PALO ALTO
PALO ALTO, CA
INTERIM
CONSTRUCT10N PLAN
L-1.1
DocuSign Envelope 10: E7ABEBBB-9BB0-40DD-9FAO-DE07A24611ED
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INTERIM PARK
CONCEPTS
SYXBEEPA.RKHILLS
PA1.0AlTO.CA
CITY OF PAlO ALTO
PAlO AlTO, CA
INTERIM CONSTRUCTION DETAILS
L-2.1
DocuSign Envelope ID: E7ABEB8B-9B80-40DD-9FAO-DE07A24611ED
INTERIM PARK CONCEPTS
CITY OF PALO ALTO
~ PALO ALTO, CA
~ -----==:3-5 feet-----~ 7 feet ~---------REVISED COMPASS ROSE
4/8/2015 ES
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DocuSign Envelope 10: E7ABE686-9680-40DD-9FAO-DE07A24611ED
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PLANTING PLAN • PLANT LEGEND IRRIGATION LEGEND
BOTANICAL/ COMMON NAM[ QNTY.-SIZT NOHS 80T ... NICAL / COMMON NM\f QNTY.-SIZE NOTES S'I\IBQ. OESCRtP"Il{)l NOT[
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OlTAlli,SHT.l-4.1 PLANTING NOTES
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L-4.2
DocuSign Envelope ID: E7ABEB8B-9B80-40DD-9FAO-DE07A24611ED
Byxbee Park Hills Interim Park Concepts Narrative
Laws Related to Landfill Monitoring and Maintenance
Federal Clean Air Act
Page36
The Palo Alto Landfill is located within the San Francisco Bay Area Air Basin (SFBAAB), an
· area of non-attainment for national and state ozone, state particulate matter (PM10), and
national and state fine particulate matter (PM2.5) air quality standards. The Bay Area Air Quality
Management District (BAAQMD) is responsible for maintaining air quality and regulating
emissions of criteria and toxic air pollutants within the SFBAAB. The City of Palo Alto operates
the Palo Alto Landfill in accordance with the requirements and conditions set forth in its Permit
to Operate issued to the City by the BAAQMD in June 2012. The Palo Alto Landfill has a landfill
gas recovery system that consists of pipelines, condensate sumps and landfill gas extraction
wells. This system must be maintained and kept operational in order for the City to remain in
compliance with the Permit to Operate issued by the BAAQMD. In addition to the gas recovery
system the City is required to maintain and monitor the integrity of the landfill cover to minimize
uncontrolled releases of landfill gas. Burrowing animals are controlled in areas where the landfill
cover can be compromised. by burrows which can potentially facilitate the process of gas
migration out of the landfill.
Federal Clean Water Act and State Porter-Cologne Water Quality Act
Under the Clean Water Act, the Environmental Protection Agency (EPA) set effluent limitations
and guidelines for landfill operations including landfill leachate and gas collection condensate.
The EPA regulates the discharge of dredged or fill material into waters of the U.S, and the
California State Water Resources Control Board enforces section 401. The State Water
Resources Control Board sets statewide policy related to water quality, coordinates and
supports regional water quality control boards, and reviews petitions that contest regional board
actions. The RWQCB sets water quality standards, waste discharge requirements for its region,
determines compliance with those standards, and takes enforcement action. Leachate is "liquid
that has passed through or emerged from solid waste and contains soluble, suspended, or
miscible materials removed from such waste". Condensate is liquid which has condensed in a
gas collection system during the extraction of gas from the landfill and typically consists of
methane and carbon dioxide, the by-products of microbial breakdown of landfill waste. These
are volatile gasses that need to be removed to control hazardous conditions.
At PALF, the landfill leachate is monitored via piezometers and pumped from the landfill through
extraction wells to the City's sanitary sewer for treatment. Leachate movement through the
bottom of the landfill or out of landfill waste is monitored via sampling points located around the
facility perimeter. As part of the landfill drainage and erosion control system, runoff is collected
in v-ditches that discharge to catch basins that in turn, discharge to surrounding water bodies.
All of these systems must be maintained to comply with Waste Discharge Requirements issued
by the RWQCB. The integrity of the landfill cover is also required to be maintained to minimize
the infiltration of storm water into the waste. This includes re-grading areas that have subsided
and where water can pond, fixing erosion, cracks or other openings in the landfill cover, and
discouraging burrowing animals where burrows can potentially facilitate the process of
infiltration of surface water.
California Title 14 and CaiRecycle
The California Department of Resources Recycling and Recovery (CaiRecycle) oversees the
state's recycling and waste management programs that are implemented according to Title 28
MIG I TRA May2015
DocuSign Envelope ID: E7ABEBBB-9B80-40DD-9FAO-DE07A24611 ED
Byxbee Park Hills Interim Park Concepts Narrative Page 37
of the California Code of Regulations. It relies on a Local Enforcement Agency (LEA) to monitor
landfill activities. Santa Clara Coi..Jnty is the LEA for the PALF.
The Engineering Support Branch of CaiRecycle reviews and approves solid waste facility
closure/post-closure maintenance plans to identify how state standards will be met, then the
LEA inspects each site on a regular basis to insure that the standards are met. The state
standards concern the integrity of the landfill, so that the landfill does not attract unwanted
vectors (rats, flies), does not release landfill gases (methane), and does not impact ground or
surface water as a result of storm or irrigation water percolating though the refuse (leachate).
Burrowing animals are generally controlled at landfills in order to avoid non-compliance with
state standards. As a result, the burrowing owl management plan needs to incorporate burrow
designs that do not threaten the integrity of the landfill cover, and that are approved by
Cal Recycle and monitored by the LEA.
Laws Related to Biological Resources
Federal
Endangered Species Act
A 1998 amendment to the Fish and Wildlife Conservation Act mandated that the USFWS
identify a list of nongame birds that, without additional conservation actions are likely to become
candidates for listing under the Endangered Species Act (ESA) of 1973. The goal of this list,
Birds of ConseNation Concern 2008 (USFWS 2008), was to identify birds not yet listed under
the ESA but that represented the highest conservation priorities, and to promote study and
conservation of habitats and ecosystems important to these species. The burrowing owl is not
listed under the ESA, but is included on the Shortgrass Prairie list of Birds of Conservation
Concern.
Migratory Bird Treaty Act
The burrowing owl is protected under the federal Migratory Bird Treaty Act (16 USC, Sections
703 to 711). The Migratory Bird Treaty Act (MBTA) implements various treaties and conventions
between the U.S. and Canada, Japan, Mexico and the former Soviet Union for the protection of
migratory birds. Unless permitted by regulations, the MBTA provides that it is unlawful to
pursue, hunt, take, capture or kill; attempt to take, capture or kill; possess, offer to or sell, barter,
purchase, deliver or cause to be shipped, exported, imported, transported, carried or received
any migratory bird, part, nest, egg or product, manufactured or not. Under the MBTA it is illegal
to remove vegetation containing nests that are in active use, since this could result in killing a
bird or destroying an egg. This would also be a violation of the California Fish and Game Code
(see section 1.5.7, below).
·MIG I TRA May2015
DocuSign Envelope 10: E7ABEB8B-9B80-40DD-9FAO-DE07A24611ED
Byxbee Park Hills Interim Park Concepts Narrative Page 38
State
California Endangered Species Act
The California Endangered Species Act (CESA; Fish and Game Code 2050 et seq.) establishes
the policy of the State to conserve, protect, restore, and enhance threatened or endangered
species and their habitats. CESA mandates that State agencies shall not approve projects that
would jeopardize the continued existence of threatened or endangered species if reasonable
and prudent alternatives are available that would avoid jeopardy. The burrowing owl is not
currently listed as a species protected by CESA.
California Fish and Game Code
Burrowing owls are protected by California Fish and Game Code section 3503, which reads, "It
is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as
otherwise provided by this code or any regulation made pursuant thereto." In addition, under
Fish and Game Code section 3503.5, "it is unlawful to take, possess, or destroy any birds in the
orders Falconiformes or Strigiformes (birds-of-prey) or to take, possess, or destroy the nest or
eggs of any such bird except as otherwise provided by this code or any regulation adopted
pursuant thereto". Disturbance during the breeding season could result in the incidental loss of
fertile eggs or nestlings, or otherwise lead to nest abandonment. Disturbance that causes nest
abandonment and/or loss of reproductive effort is considered "taking" by the California
Department of Fish and Wildlife (CDFW). The burrowing owl is in the order Strigiformes and is
protected under both sections of Fish and Game Code.
Local
Santa Clara Valley Habitat Conservation Plan
The Santa Clara Valley Habitat Conservation Plan and Natural Communities Conservation Plan
(Plan) was adopted by the County of Santa Clara Valley, the Santa Clara Valley Water District,
the Santa Clara Valley Transportation Authority, and the cities of Gilroy, Morgan Hill and San
Jose to streamline the permitting process for development, infrastructure and maintenance
activities. The Plan, which was approved in January 2013, is intended as a comprehensive
approach to evaluate impacts to natural resources and mitigation requirements instead of
separately permitting and mitigating projects on an individual basis. It includes a fee-based
conservation strategy to compensate for impacts to covered species and their habitats in a
specified Plan Area (Figure 4). Jurisdictions, projects and activities outside of the Plan Area are
not covered by the Plan. Because Palo Alto and the PALF are not within the Plan Area,
activities at the PALF are not governed by the Plan. However, because most of the south bay
burrowing owl habitat is not within the Plan Area, the Plan has a provision for mitigating future
impacts to owls by creating habitat reserves in a designated region outside of the Valley Plan
Area. The PALF is located in that designated region. If a developer wished to mitigate for
burrowing owl impacts caused by a project in the Plan Area by funding a reserve at the PALF
this would need to be coordinated with the City of Palo Alto and involve the Plan Implementing
Entity.
MIG I TRA May2015
DocuSign Envelope 10: E7ABEB8B-9880-40DD-9FAO-DE07A24611ED
Byxbee Park Hills Interim Park Concepts Narrative Page 39
Appendix C: Burrowing Owl Management Plan
MIG I TRA May2015
DocuSign Envelope ID: E7ABEB8B-9B80-40DD-9FAO-DE07A2461 1 ED
Management Plan for the
Western Burrowing Owl
Byxbee Park Hills
Prepared for:
City of Palo Alto
Public Works Department
Community Services Department
250 Hamilton Avenue
Palo Alto, CA 94301
650-329-2151
May 2015
DocuSign Envelope ID: E7ABEB8B-9B80-40DD-9FAO-DE07A24611ED
DocuSign Envelope ID: E7ABEB8B-9880-40DD-9FAO-DE07A24611ED
Management Plan for the
Western Burrowing Owl
Byxbee Park Hills
Prepared for:
City of Palo Alto
Public Works Department
Community Services Department
250 Hamilton Avenue
Palo Alto, CA 94301
650-329-2151
Prepared by:
MIGITRA Environmental Sciences, Inc.
545 Middlefield Road
Suite 200
Menlo Park, CA 94025
(650) 327-0429
May 2015
DocuSign Envelope ID: E7ABEB88-9880-40DD-9FAO-DE07A24611ED
Table of Contents Pagei
1.0
2.0
2.1
2.2
2.3
2.4
3.0
4.0
4.1
4.2
4.3
4.5
4.6
4.7
4.8
5.0
5.1
5.2
5.3·
6.0
7.0
7.1
7.2
7.3
7.4
7.5
7.6
8.0
8.1
Table of Contents
INTRODUCTION AND PURPOSE .......................................................................................... 1
WESTERN BURROWING OWL DESCRIPTION AND ECOLOGY ............................................. 2
DESCRIPTION ...............................................•......• , .......................................................... 2
LIFE CYCLE ................ ; ..................................................•................................................. 2
HABITAT ........................................................................................................................... 2
HOME RANGE .................................................................................................•..............•. 2
LOCAL DISTRIBUTION OF WESTERN BURROWING OWL.. .................................................. 3
REGULATORY FRAMEWORK ............................................................................................... 5
MIGRATORY BIRD TREATY ACT .................................................................................•.•.. 5
ENDANGERED SPECIES ACT ........................................................................................... 5
CLEAN AIR ACT ............................................................................................................... 6
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) .................................................. 7
CALIFORNIA ENDANGERED SPECIES ACT .....................................................•................ 7
CALIFORNIA FISH.AND GAME CODE .............................•.............................................•... 7
SANTA CLARA VALLEY HABITAT CONSERVATION PLAN ................................................. 8
MANAGEMENT GUIDELINES ......................................................... ~ ...................................... 8
CDFW CONSERVATION GOALS FOR THE BURROWING OWL IN CALIFORNIA ................ 8
CALIFORNIA BURROWING OWL CONSORTIUM GUIDELINES ........................................... 8
CDFW STAFF REPORT ON BURROWING OWL MITIGATION .......................................... 9
LANDFILL MAINTENANCE AND MANAGEMENT •••••••••••••••••••••••••••••.•.••.•••••••••••••••••••••••••.•••••• 9
CURRENT BYXBEE PARK HILLS MAINTENANCE REQUIREMENTS ACTIVITIES •••••••••.•.•••• 10
MOWING ....................................................................................................................•... 11
TRAIL MAINTENANCE ..................................................................................................... 11
REVEGETATION .............................................................•............................................... 11
COYOTE BRUSH REMOVAL ..•........................................................................•............... 11
MAINTENANCE OF MOUNDS AND OTHER ARTISTIC FEATURES .................................... 11
APPLICATION OF HERBICIDE .............................................................................. ; .......... 12
PROPOSED BURROWING OWL MANAGEMENT MEASURES ............................................. 12
SET ASIDE BURROW HABITAT AREAS AND MANAGE REMAINING AREAS FOR FORAGE
12
8.2 GROUND SQUIRREL MANAGEMENT ............................................................................... 15
8.3 INSTALLATION AND MAINTENANCE OF ARTIFICIAL BURROWS, MOUNDS, PERCHES AND
OTHER HABITAT FEATURES ...........................................•.......................................................... 15
8.4 ' PUBLIC ACCESS FOR HIKING AND DOG WALKING AND INSTRUCTIONAL SIGNAGE ...... 16
8.5 HYDROSEEDING, MOWING AND WEED MANAGEMENT •........•....................................... 16
8.6 FERALCATCONTROL ................................................................................................... 17
8. 7 MONITORING, REPORTING AND ADAPTIVE MANAGEMENT .................................•......... 17
9.0 CONCLUSION .................................................................................................................... 18
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10.0 LITERATURE CITED ........................................................................................................... l9
List of Figures
Figure 1 Regional and Site Vicinity Location .......................................................................... A-1
Figure 2 CNDDB Occurrences of Burrowing Owls .................................................................. A-2
Figure 3 Byxbee Park Hills Overwintering Owl Locations ......................................................... A-3
Figure 4 Santa Clara Valley Habitat Plan Expanded Study and Permit Area ........................... A-4
Figure 5 PALF Existing Environmental Control Systems ........................................................ A-5
Figure 6 Artificial Burrow Design ............................................................................................ A-6
Figure 7 Nesting and Foraging Habitat with Artificial Nest and Sattelite Burrow Locations ..... A-7
Figure 8 Tentative Habitat Feature Locations .......................................................................... A-8
List of Appendices
Appendix A Figures ................................................................................................................. A-1
List of Acronyms
CDFW -California Department of Fish and Wildlife
CEQA -California Environmental Quality Act
CESA -California Endangered Species Act
CNDDB-California Natural Diversity Database
ESA -Endangered Species Act
ET -Evapotranspirative
HOPE-High density polyethylene
MBTA-Migratory Bird Treaty Act
PALF-City of Palo Alto Landfill
PARWQCP-Palo Alto Regional Water Quality Control Plant
PERC -Pressurized Exhaust Rodent Control system
USFWS -United States Fish and Wildlife Service
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SUMMARY
This plan describes ways to manage the local burrowing owl population at the Palo Alto landfill
as the landfill is closed and converted to an open space park known asByxbee Park Hills. The
implementation of this plan is contingent upon approval from the landfill regulatory agencies,
including the Local Enforcement Agency, the Regional Water Quality Control Board, and the
Bay Area Air Quality Management District. The plan describes the landfill regulations that
require compliance with current air and water quality standards, and park maintenance and use
requirements, as well as management recommendations for the owl, such as predator and
vegetation control, guidelines for human use of and access to proposed park facilities, control of
ground squirrels, and opportunities for enhancement of the site for burrowing owls.
1.0 Introduction and Purpose
The Palo Alto Landfill (PALF) is owned and operated by the City of Palo Alto, and is located in
the Palo Alto Baylands (Figure 1 ). The landfill is part of the Byxbee Park Master Plan, and
portions of it have been closed and developed for park use. The entire landfill will eventually be
converted to park use, and an interim park plan will be implemented before a final park plan is
proposed. The interim plan offers an opportunity to test park design, vegetation, and
management methods. Ongoing maintenance of the closed landfill and the park will be
necessary after the site is converted to park use. Landfill maintenance is required by law and is
paramount to public safety, thus landfill maintenance has priority over other activities at the site.
All of these issues affect the western burrowing· owl (Athene cunicularia hypugaea), a California
Species of Special Concern which occurs in the area and has overwintered in burrows on the
site.
This Management Plan for the Western Burrowing Owl provides guidelines for the management
of burrowing.owls and their habitat on the landfill and park lands in a manner that is consistent
with landfill regulations and the on-going need for maintenance of the closed landfill, as well as
park maintenance and public access and use. Federal, state and local wildlife regulations, and
the recommendations and guidelines of state agencies and local burrowing owl working groups
are also considered. The plan recommends development of overwintering, foraging and
breeding habitat for burrowing owls wherever possible, in consideration of other management,
maintenance and monitoring requirements. This plan will be used to inform the overall
maintenance plans for the landfill and park. This management plan has the following
organization:
• Description and Ecology-This section describes the owl, its habitat requirements, and
range.
• Local Distribution -Current population status and trends of the burrowing owl in the
Santa Clara Valley and in the area surrounding the Byxbee Park Hills.
• Regulatory Framework-Federal, state and local regulations pertaining to the burrowing
owl and to the landfill that were the framework of the plan.
• Burrowing Owl Management Guidelines-Existing goals and conservations guidelines
for burrowing owls.
• Landfill Maintenance and Management-PALF management and maintenance activities
mandated during the 30 year post-closure period.
• Management Measures -Management and maintenance activities that will be
undertaken to optimize breeding and foraging habitat for owls, and to encourage
colonization of the site by owls, and to stabilize and increase the local population
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2.0 Western Burrowing Owl Description and Ecology
2.1 Description
The western burrowing owl is a mottled brownish and sand colored, dove-sized raptor, with
large yellow eyes, a rounded head lacking ear tufts, white eyebrows, and long legs compared to
other owl species. It spends a great deal of time standing on dirt mounds at the entrance to a
burrow, or perched on a fence post or other low perch from which it hunts for prey. It frequently
hunts by hovering in place above the ground and dropping on prey from above. Burrowing owls
feed primarily on insects such as grasshoppers, June beetles, and moths, but will also eat small
rodents, birds, and reptiles. This owl species is active during the day and night, primarily active
in the early morning and early evening hours.
2.2 Life Cycle
The breeding season for the burrowing owl is February 1 through August 31. Up to eleven, but
typically seven to nine, eggs are laid in a burrow, abandoned pipe, or other subterranean hollow
where incubation is completed by the female in 28-30 days and the young hatch. Young
burrowing owls emerge from their burrow to await delivery of food by the parents at
approximately 2 weeks of age (Johnsgard 1988). Parents feed the young until they fledge at
about 44 days of age (Landry 1979). Young remain in the vicinity of the natal burrow, using
satellite burrows for refuge for about two months after hatching. Young reach sexual maturity at
one year of age, but some females may not breed their first year (Lutz and Plumpton 1999).
2.3 Habitat
The western burrowing owl is a ground dwelling owl, typically found nesting in arid prairies,
fields, and open areas where vegetation is sparse and low to the ground. It is heavily dependent
upon the presence of mammal burrows (commonly ground squirrel and American badger) in its
habitat to provide shelter from predators or inclement weather, and to provide a nesting place.
Foraging habitat tends to be made up of grassland areas with a slightly taller average
vegetation height than nesting habitat, so the presence of a mosaic of short and medium height
vegetation is important to the survival of this species (Clayton and Schmutz 1999). Space
between burrows occupied by burrowing owls is dependent on the species of animal that
excavated the burrow and the local density of burrowing owls. Where burrows were clustered
closely, such as in prairie dog colonies, occupied owl burrows were clustered more closely
(Johnson, et al. 201 0). Burrows tend to be lateral, rather than deep. They have an average
maximum depth of 3 feet (range to 5.5 feet), and have an average length of 35 feet (Berentson
et al. 2001). Level burrows are easier to dig, and are less prone to collect storm water, even
with several openings.
2.4 Home Range
The burrowing owl is a migratory species in portions of its range; which includes western North
America from Canada to Mexico, and east to Texas and Louisiana. Burrowing owl populations
in California are more often sedentary or locally migratory. In the Santa Clara Valley, paired
owls remain sedentary year round unless some external factors such as loss offoraging habitat
or disturbance of their breeding habitat forces them to relocate. Unmated owls, which are often
owls dispersing from their natal burrow, range more widely in search of a mate. Harman and
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Barclay (2007) reported the longest recorded movement of a banded burrowing owl in the south
Bay Area to be 7.5 miles (12 km) from the San Jose International Airport to Moffett Federal
Airfield.
The western burrowing owl has disappeared from a significant portion of its range in the last 15
years. Nearly 60% of the breeding groups of owls known to have existed in California during the
1980s had disappeared by the early 1990s (Burrowing Owl Consortium, 1993). The conversion
of grassland habitat has been a significant factor in the reduction of the local population.
Because burrowing owls depend on other animals to dig their burrows, eradication of ground
squirrels has also contributed to their decreased numbers (Haug et al. 1993).
3.0 Local Distribution of Western Burrowing Owl
Between 1988 and 2002, 66% of sites occupied by the burrowing owl in the Santa Clara Valley
were lost to development. At present, approximately 50 pairs of owls remain in the entire county
(Trulio 2014). For owls to remain in Santa Clara, open grassland habitats of sufficient size and
with a healthy population of ground squirrels must remain available. On lands that owls do not
occupy, but where they are present nearby, owls can potentially become reestablished. Trulio
(2004) observed that sites that have the greatest potential to attract burrowing owls have the
following characteristics:
• Are within 300 meters of occupied habitat
• Were recently occupied by nesting owls
• Are relatively large (in excess of 30 acres)
• Are un-fragmented by roads, paths or other habitat features
• Are relatively flat and of low elevation
• Possess optimal habitat characteristics (grasses of suitable height, ground squirrel
population)
Byxbee Park Hills is located within a region of the south bay known to support burrowing owl.
Owls have been recorded north, northeast, south and southeast of the landfill, and the landfill
may be part of a corridor of open space that allows movement between breeding populations. A
search of the California Natural Diversity Database (CNDDB 2014) that includes all burrowing
owls recorded within five miles of Byxbee Park Hills provided the following information, which is
also shown by occurrence number and year on Figure 2.
• Occurrence 21 -A colony located at Byxbee Park Hills, "just east of the city dump and
west of Mayfield Slough" was monitored sporadically between 1911 and 2008. The most
recent report of owls at this location was in January 2008, when one wintering adult was
observed at a burrow.
• Occurrence 27 -In 1983, one individual owl was observed at a burrow entrance at the
Palo Alto Municipal Airport on a levee parallel to and northeast of the runway opposite
the control tower.
• Occurrence 25-This colony was monitored between 1998 and 2005. The most recent
observation was in May 2008, when one adult pair and one juvenile were observed. The
colony is located on the Shoreline Golf Links, west of Mountain View Slough.
• Occurrence 215 -In 1983 four pairs and an unknown number of juveniles were recorded
at Long Point, just north of Shoreline Park and northwest of Moffett Federal Airfield.
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• Occurrence 1 031 -This site was monitored between 1998 and 2003. The most recent
occurrence is in 2003 when two burrows were observed. The burrows are located at
Shoreline Golf Links east of Mountain View Slough.
• Occurrence 1235 -A single active nest burrow was observed in 2004 between the salt
pond levee and the northeast golf course at Shoreline Park.
• Occurrence 1032-This colony was monitored sporadically between 1998 and 2004.
The most recent occurrence is from 2004 when four nests were reported. The colony is
located at Shoreline at Mountain View Park, in the field northeast of the Amphitheater.
• Occurrence 1 033 -This burrow was monitored between 1999 and 2004, and was last
documented as occupied in2004. It is located east of Stevens Creek, 0.42 miles
northwest of the intersection of Parsons and Arnold Avenues at Moffett Federal Airfield.
• Occurrence 1035-A single occupied burrow was documented at Moffett Federal Airfield
in the field northwest of the tower in 1998.
• Occurrence 22 -An "active colony" was reported in 1983, 0. 75 miles west near the
intersection of Fair Oaks Avenue and Highway 237.
• Occurrence 23 -Nine burrow sites were observed between 1999 and 2004,
approximately 1.5 miles north of the intersection of U.S. 101 and Matilda Av~nue.
• Occurrence 26 -This colony was monitored between 1998 and 2009. The most recent
observation was made in July 2009, when "43 owls were trapped at 14 nests". This
colony is located at the north end and east side of the flight line at Moffett Federal
Airfield and includes the golf course at Moffett Federal Airfield.
• Occurrence 24 -This colony is considered inactive or extirpated, and the date of owls
last being observed is unknown. The colony was situated southeast of the confluence of
Coyote Creek and Alviso Slough.
• Occurrence 784-This colony was monitored between 1998 and 2009. The most recent
observation was in 2009, when four adults and one juvenile were trapped at two nests.
This colony is located at the southwest end .of Moffett Federal Airfield.
• Occurrence 51 -This colony is considered extirpated. It was situated southeast of the
confluence of Coyote Creek and Alviso Slough, north of Sunnyvale and has no record
date.
• Occurrence 18 -This colony is considered possibly extirpated. It was situated northwest
of the intersection of Jarvis Road and Thornton Avenue at the east end of the
Dum barton Bridge. The last observation of burrowing owls at this location was 1979.
The CNDDB does not include the most current information on the population of western
burrowing owl at Shoreline Park, which consists of two breeding pairs of owls as of June 2014.
In 2014, one pair produced four chicks and the second pair produced two chicks. Shoreline Park
averages approximately six breeding pairs of owls during the breeding season, with the
population increasing temporarily during the non-breeding season as un-banded overwintering
owls occupy the site (Phillip Higgins City of Mountain View Wildlife Preservation Biologist,
personal communication). Shoreline Park is situated within 2 miles of Byxbee Park Hills, so
dispersing offspring of this population of owls provide one of the best opportunities for
recruitment of foraging and overwintering owls for Byxbee Park Hills. Owls may also disperse
from.Moffett Federal Airfield, situated approximately 2.5 to 3 miles from Byxbee Park Hills. At
present (July 2014) Moffett Federal Airfield has 11 active nest burrows with four breeding pairs
of owls (Christopher Alderete, personal communication).
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The City of Palo Alto has monitored known occupied burrows at the Palo Alto Baylands,
including Byxbee Park Hills, but does not have a formal burrowing owl monitoring or
management program. Overwintering owls have been observed in the PALF Phase I closure
(Figure 1) area just west of Mayfield Slough as recently as March 3rd 2014, but breeding activity
has not been observed at that location. Two active burrow locations occupied by a single owl
were observed in a topsoil stockpile between PALF Phase liB and Phase IIC closure areas
(Figure 1) in January 2014, and eight additional burrows, occupied by two owls, were observed
in Phase I between November 2013 and March 2014 (Figure 3). No owls are known to currently
occupy Byxbee Park Hills or the landfill as of the publication of this plan.
In an area where very few opportunities exist to increase burrowing owl habitat, the PALF and
park present a unique opportunity to establish and enhance up to 130 acres of open space for
burrowing owls. At present, Byxbee Park Hills has limited breeding and foraging habitat for
burrowing owls. The PALF Phase I closure area contains approximately 8 acres of breeding and
foraging habitat(Figure 1). This area contains ground squirrel burrows that are potential nesting
habitat and mowed annual grasses that could be used for foraging. Ground squirrel and other
burrowing mammal populations have been managed throughout the park wherever there is a
concern for the landfill cap being compromised, which currently limits the amount of natural
burrow nesting and refuge habitat. Vegetative cover is also sparse. Two artificial nest burrows
were created in the Phase liB closure area of the landfill, but the surrounding area on the landfill
does not currently have enough vegetative cover to support prey species for burrowing owl
forage. To date, burrowing owls have not been observed at either artificial nest burrow, so the
burrows will either be relocated or abandoned in place.
4.0 Regulatory Framework
4.1 Migratory Bird Treaty Act
The burrowing owl is protected under the federal Migratory Bird Treaty Act (16 USC, Sections
703 to 711). The Migratory Bird Treaty Act (MBTA) implements various treaties and conventions
between the U.S. and Canada, Japan, Mexico and the former Soviet Union for the protection of
migratory birds. Unless permitted by regulations, the MBTA provides that it is unlawful to
pursue, hunt, take, capture or kill; attempt to take, capture or kill; possess, offer to or sell, barter,
purchase, deliver or cause to be shipped, exported, imported, transported, carried or received·
any migratory bird, part, nest, egg or product, manufactured or not. Under the MBTA it is illegal
to remove vegetation containing nests that are in active use, since this could result in killing a
bird or destroying an egg. This would also be a violation of the California Fish and Game Code
(see section 1.5.7, below).
4.2 Endangered Species Act
A 1998 amendment to the Fish and Wildlife Conservation Act mandated that the USFWS
identify a list of nongame birds that, without additional conservation actions are likely to become
candidates for listing under the Endangered Species Act (ESA) of 1973. The goal of this list,
Birds of Conservation Concern 2008 (USFWS 2008), was to identify birds not yet listed under
the.ESA but that represented the highest conservation. priorities, and to promote study and
conservation of habitats and ecosystems important to these species. The burrowing owl is not
listed under the ESA, but is included on the Shortgrass Prairie list of Birds of Conseniation
Concern.
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4.3 Clean Air Act
The Palo Alto Landfill is located within the San Francisco Bay Area Air Basin (SFBAAB}, an
area of non-attainment for national and state ozone, state particulate matter (PM1 0), and
national and state fine particulate matter (PM2.5) air quality standards. The Bay Area Air Quality
Management District (BAAQMD) is responsible for maintaining air quality and regulating
emissions of criteria and toxic air pollutants within the SFBAAB. The City of Palo Alto operates
the Palo Alto Landfill in accordance with the requirements and conditions set forth in its Permit
to Operate issued to the City by the BAAQMD in June 2012. The Palo Alto Landfill has a landfill
gas recovery system that consists of pipelines, condensate sumps and landfill gas extraction
wells. This system must be maintained and kept operational in order for the City to remain in
compliance with the Permit to Operate issued by the BAAQMD. In addition to the gas recovery
system the City is required to maintain and monitor the integrity of the landfill cover to minimize
uncontrolled releases of landfill gas. Burrowing animals are controlled in areas where the landfill
cover can be compromised by burrows which can potentially facilitate the process of gas
migration out of the landfill.
4.4 Water Quality
Under the Clean Water Act, the Environmental Protection Agency (EPA) set effluent limitations
and guidelines for landfill operations including landfill leachate and gas collection condensate.
The EPA regulates the discharge of dredged or fill material into waters of the U.S, and the
California State Water Resources Control Board enforces section 401. The State Water
Resources Control Board sets statewide policy related to water quality, coordinates and
supports regional water quality control boards, and reviews petitions that contest regional board
actions. The RWQCB sets water quality standards, waste discharge requirements for its region,
determines compliance with those standards, and takes enforcement action. Leachate is "liquid
that has passed through or emerged from solid waste and contains soluble, suspended, or
miscible materials removed from such waste". Condensate is liquid which has condensed in a
gas collection system during the extraction of gas from the landfill and typically consists of
methane and carbon dioxide, the by-products of microbial breakdown of landfill waste. These
are volatile gasses that need to be removed to control hazardous conditions.
At PALF, the landfill leachate is monitored via piezometers and pumped from the landfill through
extraction wells to the City's sanitary sewer for treatment. Leachate movement through the
bottom of the landfill or out of landfill waste is monitored via sampling points located around the
facility perimeter. As part of the landfill drainage and erosion control system, runoff is collected
in v-ditches that discharge to catch basins that in turn, discharge to surrounding water bodies.
All of these systems must be maintained to comply with Waste Discharge Requirements issued
by the RWQCB. The integrity of the landfill cover is also required to be maintained to minimize
the infiltration of storm water into the waste. This includes re-grading areas that have subsided
• and where water can pond, fixing erosion, cracks or other openings in the landfill cover, and
discouraging burrowing animals where burrows can potentially facilitate the process of
infiltration of surface water.
4.4 California Title 14 and CaiRecycle
The California Department of Resources Recycling and Recovery (CaiRecycle) oversees the
state's recycling and waste management programs that are implemented according to Title 14
of the California Code of Regulations. It relies on a Local Enforcement Agency (LEA) to monitor
landfill activities. Santa Clara County is the LEA for the PALF.
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The Engineering Support Branch of CaiRecycle reviews and approves solid waste facility
closure/post-closure maintenance plans to identify how state standards will be met, then the
LEA inspects each site on a regular basis to insure that the standards are met. The state
standards concern the integrity of the landfill, so that the landfill does not attract unwanted
vectors (rats, flies), does not release landfill gases (methane), and does not impact ground or
surface water as a result of storm or irrigation water percolating though the refuse (leachate).
Burrowing animals are generally controlled at landfills in order to avoid non-compliance with
state standards. As a result, the burrowing owl management plan needs to incorporate burrow
designs that do not threaten the integrity of the landfill cover, and that are approved by
Cal Recycle and monitored by the LEA.
4.5 California Environmental Quality Act (CEQA)
The California Environmental Quality Act (CEQA) Guidelines Section 15380 defines
endangered, threatened, and rare species for purposes of CEQA and clarifies that CEQA review
extends to other species that are not formally listed under the state or federal endangered
species acts but that meet specified criteria. Under CEQA, a mandatory finding of significance is
required if impacts to threatened or endangered species are likely to occur. Also, under CEQA
Guidelines Section 15065 a mandatory finding of significance is required if a project has the
potential to substantially degrade or reduce the habitat of or restrict the range of an endangered
species. The California Department of Fish and Wildlife has listed the burrowing owl as a
Species of Special Concern. Impacts to burrowing owl need to be considered under CEQA, but
there is not a mandatory finding of significance because the burrowing owl is not listed as
threatened or endangered.
4.6 California Endangered Species Act
The California Endangered Species Act (CESA; Fish and Game Code 2050 et seq.) establishes
the policy of the State to conserve, protect, restore, and enhance threatened or endangered
species and their habitats. CESA mandates that State agencies shall not approve projects that
would jeopardize the continued existence of threatened or endangered species if reasonable
and prudent alternatives are available that would avoid jeopardy. The burrowing owl is not
currently listed as a species protected by CESA.
4. 7 California Fish and Game Code
Burrowing owls are protected by California Fish and Game Code section 3503, which reads, "It
is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as
otherwise provided by this code or any regulation made pursuant thereto." In addition, under
Fish and Game Code section 3503.5, "it is unlawful to take, possess, or destroy any birds in the
orders Falconiformes or Strigiformes (birds-of-prey) or to take, possess, or destroy the nest or
eggs of any such bird except as otherwise provided by this code or any regulation adopted
pursuant thereto". Disturbance during the breeding season could result in the incidental loss of
fertile eggs or nestlings, or otherwise lead to nest abandonment. Disturbance that causes nest
abandonment and/or loss of reproductive effort is considered "taking" by the California
Department of Fish and Wildlife (CDFW). The burrowing owl is in the order Strigiformes and is
protected under both sections of Fish and Game Code.
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4.8 Santa Clara Valley Habitat Conservation Plan
The Santa Clara Valley Habitat Conservation Plan and Natural Communities Conservation Plan
(Plan) was adopted by the County of Santa Clara Valley, the Santa Clara Valley Water District,
the Santa Clara Valley Transportation Authority, and the cities of Gilroy, Morgan Hill and San
Jose to streamline the permitting process for development, infrastructure and maintenance
activities. The Plan, which was approved inJanuary 2013, is intended as a comprehensive
approach to evaluate impacts to natural resources and mitigation requirements instead of
separately permitting and mitigating projects on an individual basis. It includes a fee-based
conservation strategy to compensate for impacts to covered species and their habitats in a
specified Plan Area (Figure 4). Jurisdictions, projects and activities outside of the Plan Area are
not covered by the Plan. Because Palo Alto and the PALF are not within the Plan Area,
activities at the PALF are not governed by the Plan. However, because most of the south bay
burrowing owl habitat is not within the Plan Area, the Plan has a provision for mitigating future
impacts to owls by creating habitat reserves in a designated region outside of the Valley Plan
Area. The PALF is located in that designated region. If a developer wished to mitigate for
burrowing owl impacts caused by a project in the Plan Area by funding a reserve at the PALF
this would need to be coordinated with the City of Palo Alto and involve the Plan Implementing
·Entity.
5.0 Management Guidelines
5.1 CDFW Conservation Goals for the Burrowing Owl in California
In 2008 CDFW developed a set of conservation goals for burrowing owls in California (CDFW
2008). Those goals include the following:
• Maintain the size and distribution of extant burrowing owl populations.
• Where possible, increase geographic distribution of burrowing owls into formerly
occupied historic range where suitable habitat still exists or can be created or
enhanced.
• Increase the size of existing burrowing owl populations where possible and
appropriate.
• Protect and restore self-sustaining ecosystems or natural communities which do
or could potentially support burrowing owls at a landscape scale, and which will
require minimal long-term management by humans.
• Remove or ameliorate unnatural causes of burrowing owl population declines,
including control of rodent hosts and prey.
• Recover populations of burrowing owls and their natural dynamics including
movement and genetic exchange among populations.
• Engage stakeholders in burrowing owl protection and habitat management.
5.2 California Burrowing Owl Consortium Guidelines
The California Burrowing Owl Consortium is a group of wildlife professionals, agencies and
advocates whose mission is to enhance the conservation of burrowing owls by providing a
forum for the exchange of information about research, status, and policy and by developing
management guidelines. In 1993 the Consortium developed the Burrowing Owl Survey Protocol
and Mitigation Guidelines which provide a decision making process to be implemented
whenever a project may impact burrowing owls or their habitat.
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5.3 CDFW Staff Report on Burrowing Owl Mitigation
In 1995 the California Department of Fish and Wildlife developed a comprehensive conservation
and mitigation strategy for burrowing owls, which was updated in 2012 to reflect the continued
decline of this species (CDFW 2012). The report provides rigorous methods for burrowing owl
surveys, impacts assessments, avoidance and minimization measures, and mitigation
measures. The staff report defines activities with the potential to take or impact burrowing owls,
including burrow blockage, crushing burrow tunnels, and mowing among others. It defines the
required qualifications for biologists who may conduct burrowing owl habitat assessments,
surveys, and impact assessments, including:
1. Familiarity with the species and its local ecology;
2. Experience conducting habitat assessments and non-breeding and breeding season
surveys, or experience with these surveys conducted under the direction of an
experienced surveyor;
3. Familiarity with the appropriate state and federal statutes related to burrowing owls,
scientific research, and conservation;
4. Experience with analyzing impact of development on burrowing owls and their habitat."
Also included are recommended setback buffers which are based on the level of disturbance as
identified in the impact assessment. Buffers are as small as 50 meters for low-level
disturbances in the non-breeding season, to as large as 500 meters for high-level disturbances
in the vicinity of active nest burrows during the breeding season.
6.0 Landfill Maintenance and Management
California regulations mandate that the landfill be managed and maintained throughout a 30
year post-closure period in accordance with an approved post-closure maintenance plan. The
primary purpose is to protect the integrity of the landfill cover, and monitor and manage landfill
gas and leachate to minimize impacts to air and water quality. The City of Palo Alto Public
Works Department is responsible for landfill maintenance and management throughout the 30
year post-closure period. Activities include grading to correct areas where the contours of the
landfill have settled so that water does not pond, seep into the refuse and create leachate,
maintenance and repair of gas pipes and mains, sumps, and leachate lines, and occasional
monitoring of leachate and gas extraction wells and piezometers. Emergency repairs to these
facilities may also be necessary. The laws that govern the landfill operation and maintenance
are described in section 4.0, above.
The landfill gas and leachate collection/monitoring facilities are largely concentrated in the
central areas of the landfill, with the perimeters having fewer areas that will require regular
access for maintenance (Figure 5). The need for earth moving equipment, utility vehicles and
personnel to be working within the maintenance and emergency repair areas is anticipated and
unavoidable. Access to areas that require maintenance will be via existing and proposed new
roads.
The PALF is a Class Ill disposal site comprised of several layers, including the waste layers, a
cover layer or "cap" and a vegetation·layer. The cap is designed to minimize the release of
landfill gas and leachate, and to prevent infiltration of surface water. The landfill has been
developed and closed in phases. Phase I, Phase I lA and Phase liB are capped with a clay
cover. Phase IIC will be capped with an evapotranspirative (ET) cover.
Landfill leachate is monitored with 17 existing piezometers within the four phases of the landfill.
Leachate is pumped from the landfill through a network of 23 existing extraction wells equipped
with a pneumatic pump. The leachate is pumped to the City's sanitary sewer for treatment. A
groundwater monitoring program is used to monitor leachate movement through the bottom of
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the landfill or out of landfill waste. The groundwater monitoring system consists of 13 existing
wells and sampling points located around the facility perimeter. A perimeter drainage control
system collects surface runoff as part of the landfill drainage and erosion control system. Runoff
is collected in v-ditches that discharge to catch basins that discharge to surrounding water
bodies.
Five gas monitoring probes to monitor landfill gas are spaced at 300 to 500 foot intervals along
the property boundary shared with the Palo Alto Regional Water Quality Control Plant
(PARWQCP). Landfill gas monitoring is currently conducted via seven structures, but during the
post closure phase will be monitored from four locations, one in Byxbee Park Hills, and three
adjacent to PARWQCP. Gas extraction is accomplished through a system of 109 wells
distributed throughout the landfill. The gas is pumped to a sewage sludge incinerator or an
adjacent flare at PARWQCP via a high-density polyethylene (HOPE) network.
Burrowing animals, including primarily the ground squirrel (Spermophilus beecheyt), are
controlled in landfill areas to insure that their burrowing does not damage the clay or
evapotranspirative caps. Damage to the cap can allow surface water infiltration and lead to
excessive load on the leachate extraction system, it can also result in the release of landfill gas,
can compromise both leachate and landfill gas extraction systems by damaging piping, and it
can lead to violation of permit conditions.
Ground squirrels are controlled throughout the landfill with a Pressurized Exhaust Rodent
Control (PERC) system. This practice was recently suspended pending further study and
discussion. The PERC system consists of a trailer-mounted combustion engine that exhausts to
a pressurized tank. A mixture of carbon dioxide and carbon monoxide is delivered from the tank
to the ground squirrel burrow, via a hose with a probe that is inserted into the burrow entrance
for a minimum of three rninutes. Once treated, the entrance to the burrow is sealed. Active
burrows are identified for treatment by the presence of entering or exiting squirrels and the
presence of fresh mounds of dirt or evidence of new burrow excavation. No treatment is applied
where there are signs of burrowing owl occupation, including feathers, pellets or other visual
indicators of owl presence.
7.0 Current Byxbee Park Hills Maintenance Requirements Activities
Byxbee Park Hills is a passive use open space area with walking trails located on closed
portions of the PALF. Capped and contoured slopes of the landfill have been covered with a
layer of topsoil and hydroseeded with native grasses and forbs. The site is not irrigated, but the
Phase I, Phase II and Phase I lA portions of the landfill that are open to park use have been
revegetated with a combination of annual grasses and forbs that support a colony of ground
squirrels. Phase IIC is in the process of being capped, covered with topsoil and hydroseeded. In
Apri12014, vegetation was not yet well established throughout much of the Phase IIC area, with
many areas of bare ground or where weedy species such as cheeseweed (Malva parviffora),
Italian thistle (Carduus pycnocephalus), and mustard (Brassica sp.) had become established.
Ground squirrels and other fossorial mammals are controlled throughout Phase IIC, so they are
largely absent.
The Palo Alto Community Services Department -Open Space, Parks and Golf Division is
responsible for the maintenance of the Byxbee Park Hills facility, apart from the landfill
maintenance activities that are implemented by Public Works. The City has assigned these
maintenance activities to a contractor. Maintenance requirements include vegetation
management, trail repair, and repair of park appurtenances. Maintenance activities include
mowing, trail grading and filling, revegetation, coyote brush removal, maintenance of signs and
benches, and application of herbicide. The current maintenance practices are described below.
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This plan recommends that some of the current maintenance practices be modified to benefit
burrowing owl, and that some activities be added. The modifications and additions are
described in section 8.0 of this report.
7.1 Mowing
Currently mowing is conducted in May as a weed maintenance measure and to provide sunlight
to native perennials. All hydroseeded areas are mowed to a height of four to six inches, with
mowing repeated as necessary to meet these height specifications. Mowing is conducted with a
wheeled tractor fitted with a flail or rotary mower. A modified mowing regime to increase the
prey base for burrowing owl (and other raptors) is recommended in section 8.5.
7.2 Trail Maintenance
Six to 12-foot wide pedestrian and cycling trails were constructed using an oyster shell, base
rock and decomposed granite bed. Current maintenance methods used to maintain
unobstructed access along these pathways include spot treating weeds with herbicide ..
"Renegade paths" created by cyclists and hikers who stray from established routes are rototilled
and seeded on an as-needed basis. Seeding occurs in winter months. Trails are repaired by
regrading and filling potholes or low spots as needed.
7.3 Revegetation
Areas of the park slated for revegetation are prepared in advance for seeding by chiseling and
rototilling to a depth of six to eight inches, then harrowing and ring-rolling to create an even bed.
A balanced fertilizer is then applied at a rate of 50 pounds per acre and two inches of compost
are tilled into the soil. Next, a hydroseed mix is applied. The current hydroseed mix includes the
following species:
• California brome (Bromus carinatus)
• Blue wild rye (Eiymus glaucus)
• California oatgrass (Danthonia californica)
• Purple needlegrass (Nasella pulchra)
• Three weeks fescue (Festuca microstachys)
• California melic (Melica californica)
• Idaho fescue (Festuca idahoensis)
• Tufted hair grass (Deschamsia cespitosa)
• Creeping rye (Leymus triticoides)
7.4 Coyote Brush Removal
Under current maintenance activities coyote brush is regularly removed from the park to prevent
coyote brush roots from penetrating the landfill cap. Coyote brush is removed concurrently with
annual mowing.
7.5 Maintenance of Mounds and Other Artistic Features
Under current maintenance activities string trimming is used around mounds, berms and other
artistic features to remove weeds and other tall vegetation and to maintain an artistic
appearance.
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7.6 Application of Herbicide
Herbicides are not a preferred means of vegetation control, and are used with written
permission of the Supervising Ranger. Herbicides are only applied in designated areas and time
frames. As noted above weeds on trails are spot treated with herbicides. Herbicides may also
be used to control noxious and/or highly invasive weeds that form dense stands and reduce
wildlife habitat quality.
8.0 Proposed Burrowing Owl Management Measures
Management actions for the burrowing owl take into account both landfill regulatory
requirements and the ecological needs of the owl. Long term maintenance and management of
the landfill includes monitoring of and repairs to landfill control systems and the landfill cover.
Large-scale repair to areas where landfill subsidence occurs is also anticipated. While the
schedule of some of this work can be planned for the non-breeding season for burrowing owls,
emergency repairs may also be necessary. Burrowing owl management actions include ground
squirrel control, public use and access, vegetation management, creation and maintenance of
artificial burrow sites, feral cat (Felis silvestris catus) control, and long-term monitoring. These
are summarized in Table 1 and described in more detail in the subsequent sections.
8.1 Set Aside Burrow Habitat Areas and Manage Remaining Areas for Forage
The City of Palo Alto has designated three areas on the landfill/park totaling 6.6 acres that will
be designed, protected, and maintained as burrowing owl nesting burrow habitat (Figure 7;
please also see Figure 2 of the Byxbee Park Hills Interim Park Concepts Plan Narrative for the
February 2015 proposed layout of the trail system) if approved by landfill regulatory agencies.
These areas are located a sufficient distance from control systems (e.g., condensate traps and
piezometers), maintenance roads, and from the new ET cover in Phase IIC to allow
maintenance activities to occur without disturbing owls or owl burrow habitat. These areas are
also located with public use and proximity to forage habitat in mind. Artificial burrows will be
installed in these areas (see section 8.3, below). Perimeter berms will be built around these
burrow areas so that they are clearly delineated for staff and the public. It is recommended that
signs be installed to restrict access to these areas. Maintenance activities, including both park
and landfill maintenance, are not excluded from-these areas. In order to prevent pending of
surface water, the landfill cover in these areas will be contoured to match existing landfill slopes.
Nesting habitat will be managed for owls, and will not include features that may be in other
areas of the park such as benches for seating or areas where people are encouraged to
congregate.
The remaining 120 acres of the capped and closed landfill will be revegetated with annual
grassland species, and can be managed in a way that enhances burrowing owl forage habitat.
Management measures include mowing, installing habitat features to support prey species the
owls eat, and monitoring. The specific management measures are described in Sections 8.2
through 8.7.
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Table 1 Summary of Burrowing Owl Management Activities
Activity Timing Condition Action Precautions
Install artificial owl burrows September to Area 1: construct 1 nest burrow, 3 satellite burrows according to Burrow construction is predicated on approval by landfill
February plans in Barclay 2008. regulatory agencies, which may impose additional
Area 2: construct 2 nest burrows, 3 satellite burrows. requirements.
Area 3: construct 1 nest burrow, 2 satellite burrows. See Figures 7
and 8.
Install habitat features such as rock September to Install these features where rodents and insects Create a minimum of 5 rock piles and 20 brush/mulch piles up to a Tentative locations show in Figure 8 may be subject to
piles and mulch piles (Figure 8). February are infrequently observed and/or vegetation has maximum of 50 habitat features for owl prey species throughout both approval by landfill regulatory agencies.
not yet become established. nesting and foraging areas. To make rock piles, stack 15 to 17 6-
inch minus-sized rocks, rip rap or similar. Mulch piles will consist of
chipped wood, scattered to a depth of approximately 3-4" over a 1 00 tt" area. Brush piles Will consist of piles of sticks or twigs, or grasses
piled approximately 2 to 3 feet high by about four feet wide. See
attached Figure 8 for possible locations and example photos.
Maintenance, such as weeding of the habitat features is not
required.
lnstall.instructional signage As soon as feasible Along the edge of pathways bordering nesting habitat, install Keep signage vague to discourage vandalism of burrows or
after approval of signage stating "Sensitive Wildlife Area. Please Stay Ouf'. Consider harassment of nesting owls.
the Interim Park adding signage which says, "Sensitive Wildlife Area. Do not dump or
Plan. feed cats" and "Please no dog walking in this area. Keep dogs on a
leash at all times".
Mowing of forage habitat (Figure 7) Yearly-April and Mow at the minimum frequency necessary for fire and weed control. Avoid mowing at dawn or dusk when owls are normally
May The goal is to create foraging habitat with sufficient cover for small active.
rodents and insects. Slopes with a grade steeper than 25% will be
mowed at a decreased frequency to help create a mosaic of different
vegetation heights throughout the forage habitat. Where weeds form
dense, single-species stands in the forage habitat, mowing
frequency can be increased. Mowing may also be combined with
other methods of weed control in these areas.
Where vegetation cover is sparse consider adding mulch or brush
piles.
Mowing of burrow habitat (Figure 8) Yearly February Mow to keep vegetation at a height of Conduct preconstruction surveys for nesting owls prior to No mowing should occur within 250 feet of any active
and November if approximately 5 inches or less. undertaking mowing between February and August. If an active owl burrowing owl nest burrow unless a qualified biologist has
owls are present. nest burrow is found, an avoidance butter of 250.feet should be conducted an impact assessment and established
Feb, May, August established. No mowing should occur inside that buffer. In alternative buffer distances in accordance with the
and November if consultation with a qualified biologist, an impact assessment can be guidelines established in the CDFW Staff Report on
owls are not conducted and if appropriate, buffer sizes may be reduced in Burrowing Owl Mitigation (2012)
present. accordance with the CDFW Staff Report on Burrowing Owl
Mitigation (2012). Do not string trim breeding habitat areas. Mow
Mowing in the only.
vicinity of active
burrows may be
done under the
guidance of a
qualified biologist
and must follow the
guidelines of the
CDFW Staff Report
(2012).
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Activity Timi11g_ Condition Action Precautions
Artificial burrow maintenance Annually in early Debris accumulated at the burrow entrance. Conduct a survey for overwintering burrowing owls prior to clearing. Do not conduct maintenance on burrows occupied by
spring. February is Do not conduct maintenance on occupied burrows. burrowing owls.
suggested.
Clear the PVC tubing that makes up the burrow entrance of any
obstructions along its entire length using a plumbing snake such as
a General Pipe Cleaners D-25-2 Handy Drain Auger.
Feral cat control. As needed Cats are observed in the Par1<. Live trap and transport to Palo Alto Animal Care and Control. The non-native red fox (Vulpes vulpes) may also occur at
Byxbee Park Hills and is known to prey on ground-nesting
birds. Contact United States Department of Agriculture for
~uidance on fox control should they be observed.
Landfill maintenance activities As needed Emergency or routine landfill maintenance is Conduct a survey for burrowing owls prior to conducting any landfill If owls are detected during the breeding season, a 75-meter
needed. maintenance activities. Burrowing owls could potentially occupy a (-250 feet) avoidance buffer should be maintained around
variety of natural and man-made features throughout the area, so any occupied burrow until young have fledged. If owls are
surveys should be conducted to ensure that maintenance activities detected during the non-breeding season a 50-meter (-170
do not impact owls. If owls are found to be present within 250 feet of feet) avoidance buffer should be established for the duration
work in the breeding season or within .170 feet of work in the non-of the activity or until owls are no longer present.
breedin~ season, contact CDFWfor!luidance.
Vegetation survey for grass height and Late January, April,
weed control Julv and October.
Monitoring burrowing owl use 3 times spaced Survey each burrow habitat area for signs of owl
apart during the use at the burrow entrances; document which
breeding season burrows are in use. Observe burrow and forage
(suggest March, areas for owl activity at dawn and at dusk. Report
June, August); burrow survey results to landfill and park
CNDDBreport maintenance staff so that avoidance measures can
once per year be implemented if necessary. Report sightings to
the California Natural Diversity Database annually I
(ht!!1s://www.dfg.ca.gov/biogeodata/cnddb/submitti
ng data to cnddb.as11). If burrowing owls are not
observed, the Supervising Ranger should consider
measures to improve habitat conditions such as by
altering the mowing regime, changing mowing
heights, or increasing the number of prey habitat
features (e.~ .. rock, brush, mulch piles).
Monitoring burrowing owl habitat 3 times spaced Maintain overall vegetation cover at approximately Survey rock, mulch and brush piles for presence of small mammals If vegetation is too sparse, burrowing owl prey species are
quality. apart during the 70%, and no less than 50%. No more than 50% of and insects. Conduct a visual inspection of the rock piles for small unlikely to be present, and burrowing owl habitat would be
breeding season all areas of the park intended to be vegetated mammals, and/or signs of mammal use such as droppings, flattened considered of low quality.
(suggest March, either with hydroseed or other planting, should grasses. Inspect brush piles by lifting material with a shovel or
June, September) remain bare ground. If 70% vegetative cover is not similar to see if rodents, insects or other prey species move out of If vegetation is too tall in dense stands, burrowing owls will
achieved, staff will review remediation measures to the pile when disturbed. Report results to the Supervising Ranger. not be able to access the habitat to forage or breed.
increase the vegetative cover, such as re-seeding
with a revised seed mixture. If prey species are not present, the Supervising Ranger should Dense monotypic stands of invasive weed species should
consider decreasing the mowing frequency, repeating hydroseed be controlled using methods known to control the particular
application, and/or adding more habitat features such as rock, mulch species. This may include mowing at a particular time of
and brush piles. year, hand pulling, applying herbicide, or a combination of
methods. Refer to the Maintenance Plan for a more detailed
L__ description of weed control techniques.
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8.2 Ground squirrel management
While burrowing owls are known to occur in situations where ground squirrels are absent, they
are most likely to persist and thrive in an area with an active ground squirrel population. The
owls use the burrows for cover and also find insects there for food; the owls do not eat the
ground squirrels. The squirrels maintain the burrows and their food stores and excrement attract
the insects and small mammals that the owls can eat. At Shoreline Park, Phil Higgins found that
the most commonly consumed prey item of burrowing owls was earwigs (Forficu/a sp.). This
could be because of the burrow microclimate (Phil Higgins, personal communication) and the
vegetative material and excrement that attract earwigs (University of Lethbridge 2014).
The University of California Ground Squirrel Best Management Practices (University of
California 2014) states that "the average squirrel burrow is usually less than three feet deep".
Two feet of cover is applied to the entire landfill cap in advance of hydroseeding. Five feet of
additional cover will be added to the three areas set aside for burrowing owl nest burrow habitat
to provide a total of seven feet of burrowing substrate. Ground squirrels will not be managed in
these three areas, and are expected to colonize and establish burrows which will provide natural
nesting habitat for burrowing owls as well as habitat for insects that provide food for the owls.
8.3 Installation and Maintenance of Artificial Burrows, Mounds, Perches and Other
Habitat Features
Artificial nest burrows have proven to be an effective alternative to natural ground squirrel
burrows, but they are most successful where a population of ground squirrels is present (Phil
Higgins, personal communication). The entrances to the artificial owl burrows installed at nearby
Shoreline Park in Mountain View accumulate dirt and debris except where ground squirrels are
present (Phil Higgins, personal communication). The ground squirrels apparently remove dirt
and debris from the entrances, and probably from the tunnels as well, as part of their normal
activities. Apparently the owls do not maintain the burrows. If necessary, artificial burrows can
be kept clear by maintenance personnel. Maintenance involves clearing out debris such as
dead and live vegetation, trash, and/or dirt that has accumulated at and is blocking the PVC
tubing that makes up the entrance to the burrow. Maintenance should be completed once in
early spring, in advance of burrowing owl nesting season and should be done with the use of a
plumbing snake such as a General Pipe Cleaners D-25-2 Handy Drain Auger, so that the entire
alignment of the burrow entrance can be cleared.
The burrow design proposed for use in Byxbee Park Hills will be based on the design in "A
Simple Artificial Burrow Design for Burrowing Owls" (Barclay 2008) (Figure 6). This design uses
unperforated plastic drain line as "burrows" leading to plastic irrigation valve boxes for nesting.
The four-inch plastic tubing in Barclay's design will be substituted with a six-inch tube; with a
slot cut along its length that allows owls to walk along the natural substrate instead of on the
plastic tubing. The concrete block (labeled Din Figure 6) can also be eliminated from the burrow
design as burrowing predators have not been known to be a local problem (Phil Higgins
personal communication). This design has been used successfully at nearby Shoreline Park in
Mountain View. Artificial burrows created at grade rather than on a mound are easier to mow,
but do not provide the elevated perch that a typical natural squirrel mound does ..
Each nesting burrow area can contain one primary burrows (with at least two entrances).
Satellite burrows have just one entrance. The exact spacing will be determined in the field at the
time of installation, however, artificial burrows should be spaced no closer than 110 meters
(approximately 360 feet) (Green and Anthony 1997). Nest and satellite burrows both use the
design shown in Figure 6, but nest burrows differ in the number of entrances. The areas set
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aside for burrow nesting habitat and foraging habitat within Byxbee Park Hills and the
approximate number and locations of artificial nest burrows and satellite burrows are shown on
Figure 8.
Rock and brush piles placed throughout the nesting and foraging habitat will provide cover for
insect and small rodent prey species, and can serve as perches for burrowing owls. Piles of
mulch are also recommended because they provide habitat for both rodents and insects (Trulio
and Higgins 2012b) particularly in the interim period before vegetation cover becomes
established at the park. It is recommended that a minimum of five rock piles and 20 brush/mulch
piles be installed, and that a maximum of 50 habitat features for owl prey species be created
throughout the park, including both nesting and foraging areas. These features are described as
follows, and possible locations are shown in Figure 10.
• Rock piles are small. Stack 15 to 17 6-inch-minus rocks, rip rap or similar into a pile.
• Mulch piles consist of chipped wood, scattered to a depth of approximately 3-4" over a
100 ft2 area.
• Brush piles will consist of piles of sticks or twigs, or grasses piled approximately 2 to 3
feet high by about four feet wide.
Maintenance of the rock and brush piles is not anticipated to be necessary. These features are
intended only as habitat features for burrowing owl prey species, and will continue to function
effectively if weed species become established.
8.4 Public Access for Hiking and Dog Walking and Instructional Signage
Public access to Byxbee Park Hills is available, but limited to hiking trails. Hikers and dog
walkers are allowed on all trails, but dogs must be kept on leash at all times. Dogs will be
excluded from the 6.6 acres set aside as nesting burrow habitat as well as from perimeter
berms that delineate these areas, but will be allowed on the adjacent trails. Signage will be
placed at regular intervals along the trails mandating that all activities, including hiking, dog
walking and bicycling be restricted to established trails.
8.5 Hydroseeding, Mowing and Weed Management
The finished landfill will be hydroseeded with grassland species. Purple needlegrass ( Stipa
pulchra) and small fescue (Festuca microstachys) are included in the hydroseed mix throughout
the park. These native California species were present in the burrowing owl's natural habitat
prior to the introduction of invasive non-native grass species and have the advantage of being
adapted to California's naturally occurring periods of drought. Because of their naturally low-
growing morphology,· they require less mowing to maintain optimal nesting habitat conditions for
burrowing owls. These two grass species should be preferentially applied on and within 50 feet
of the nest mounds. California sagebrush (Artemesia californica) and sticky monkey flower
(Mimulus aurantiacus), beach evening primrose (Camissoniopsis cheironthifo/ia), and American
dunegrass (Leymus mol/is mol/is) should be eliminated from the hydroseed mix for burrowing
owl nesting burrow areas.
Grasses and weeds must be managed for fire control and habitat quality. It is recommended
that the grassland vegetation in the nesting burrow habitat areas be maintained at a height of
less than five inches to allow an unrestricted view of the surrounding habitat from the burrow.
Vegetation that is allowed to grow too tall will discourage owls from colonizing the site and may
cause them to abandon a site in which they have overwintered in preference for an area with
lower vegetation. Mowing in owl nesting burrow habitat should be completed ih February and
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November if owls are present, and in February, May, August and November if owls are not
present. If it is necessary to mow when owls are present, a qualified biologist needs to evaluate
the impacts in accordance with the CDFW Staff Report on Burrowing Owl Mitigation (2012, or
as updated by CDFW). No mowing should occur within 250 feet of any active nest burrow.
Because string trimming is a slower method of weed control, it requires a much more invasive
human presence, so string trimming should not be done in the nesting burrow habitat areas if
burrowing owls have been docu~ented to occupy these areas.
Optimal owl foraging habitat consists of grasslands with a healthy population of small rodents
and insects, so it is recommended that the forage habitat only be mowed as necessary for fire
suppression, which will depend on rainfall.
Noxious and invasive weed species (as defined by the California Invasive Plant Council or the
Supervising Ranger) can establish dense patches that will not provide habitat for burrowing
owls. The treatment methods for these weeds are species-specific and may or may not include
mowing. Weed management should follow the guidelines of the Landscape Plan, and may also
consider professional guidance such as provided in "Weed Control in Natural Areas in the
Western United States" by the University of California Weed Research and Information Center.
The University of California Integrated Pest Management website should also be consulted for
. specific weed management guidelines (http://www.ipm.ucdavis.edu/PMG/weeds all.html). No
weed management will occur within 250feet of burrows occupied by burrowing owl . String
trimming will be avoided and only used where mowing is not possible.
8.6 Feral Cat Control
In Apri12014 the Palo Alto City Council approved an ordinance that prohibits feeding wildlife and
feral animals in Palo Alto parks and other open-space areas. City staff has observed that
feeding stations for feral cats lure in other pests and predatory species including rats, skunks,
raccoons, opossum and nuisance birds such as gulls and crows. Feral cats that are fed
continue to hunt wildlife and are a particular threat to ground-nesting birds (City of Palo Alto
2013). Cats will also reduce the native rodent population as noted in a study at the East Bay
Regional Park District by the American Bird Conservancy (Winter and Wallace 2004), further
degrading the site suitability for burrowing owls.
While feral cats are limited in number at Byxbee Park Hills, the following measures are
recommended to minimize impacts on the burrowing owl. Any feeding stations that are found
within the park will be removed and whenever they are observed in the park, feral cats will be
live trapped and transport to Palo Alto Animal Services. The City of Palo Alto also has an
agreement with the United States Department of Agriculture (USDA) to capture predators of the
Federally Endangered Ridgeway rail (RaJ/us obsoletus) formerly known as the California
Clapper Rail. Predators of the rail include feral cat and non-native red fox (Vulpes vulpes), two
species which may a.lso prey on burrowing owl. This agreement with the USDA benefits the
local burrowing owl population by expending the area in which their predators are controlled.
8. 7 Monitoring, Reporting and Adaptive Management
An ongoing program that includes monitoring of the burrowing owl habitat, prey base, artificial
nest burrows, and nest success, is necessary to ensure the effectiveness of this program. It is
recommended that a qualified biologist familiar with the foraging and breeding habits of
burrowing owls train park personnel on how best to undertake a monitoring effort that answers
the following questions:
• Are invasive weeds being managed effectively?
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• Is vegetation height within artificial nest burrow sites and foraging habitat maintained at a
height optimal for nesting and foraging success? For example, vegetation within 100 feet
of the burrows, and ideally throughout the burrow habitat should be mowed to a height of
five inches or less (Trulio and Higgins 2012b), but taller vegetation is desirable in forage
areas to support sufficient cover for rodents. Is there a mosaic of vegetation heights and
prey species habitat?
• How much vegetation cover is there throughout the park? No more than 30% of all areas
of the park intended to be vegetated either with hydroseed or other planting should
remain bare ground in order to optimize habitat for burrowing owl prey species.
• Are ground squirrels present in the park? Are there natural ground squirrel burrows
present or evidence that squirrels are occupying artificial burrows?
• Are conditions on the site favorable to support burrowing owl prey species, or if not, are
they improving? To improve conditions for owl prey species, should the mowing regime
be changed, or should vegetation cover, rock, brush and mulch piles be increased?
• Is there evidence of cat feeding stations, are cats present in the park?
• Are owls present at Byxbee Park Hills? Are they foraging or breeding?
The following surveys are recommended:
• A vegetation survey once in March and again in late June, with a final survey in early
August when annual grasses and forbs tend to go into a state of dormancy.
• A survey every three months to assess burrowing owl prey species, ground squirrel,
feral cat, and burrowing owl populations.
• A survey of artificial and natural burrows will be undertaken on a monthly basis during
the breeding season for burrowing owls, to determine if burrows are occupied by single
or mated burrowing owls. Note the presence and number of any burrowing owl chicks.
• Any active owl burrows in Byxbee Park should be protected from impacts from landfill
maintenance projects to the greatestfeasible extent, based on landfill post-closure
regulations. The California Burrowing Owl Consortium guidelines (1993) recommend
that an activity-specific plan to protect burrowing owls should be developed for each
project that occurs within 50 meters (170 feet) of an occupied burrow during the non-
breeding season (September 1 through January 31), and within 75 meters (250 feet)
during the breeding season (February 1-August 31). If owls are detected during the
breeding season, a 75-meter avoidance buffer should be maintained around any
occupied burrow until young have fledged. If owls are detected during the non-breeding
season a 50-meter avoidance buffer should be established for the duration of the activity
or until owls are no longer present. Report burrow survey results to landfill and park
maintenance staff so that avoidance measures can be implemented if necessary. Report
sightings to the California Natural Diversity Database annually
(https://www.dfg.ca.gov/biogeodata/cnddb/submitting_data_to_cnddb.asp).
The results of these surveys should be used to evaluate the effectiveness of the plan and
determine if changes are needed to adapt the plan to changing needs of the burrowing owl
population or other species of concern.
9.0 CONCLUSION
This burrowing owl management plan uses a combination of ground squirrel and vegetation
management techniques to encourage owls that currently inhabit nearby areas (Shoreline Park,
Moffett Federal Airfield) to venture into Byxbee Park Hills to forage and perhaps breed. Artificial
nest burrows established in areas of the park protected from public use will provide refuge for
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Burrowing Owl Management Plan -Byxbee Park Hills Page 19
foraging owls and possibly nesting habitat so that the burrowing owl population in the south bay
could increase. While one of the goals of this plan is to establish Byxbee Park Hills as a
breeding area for burrowing owls, it is recognized that areas where ground squirrel populations
can remain and burrowing owls can nest undisturbed are restricted by the need for ongoing
maintenance of the• landfill. Expanding foraging habitat for owls has a high chance of success
and will benefit a broad range of species. Creating and managing grasslands in Byxbee Park
Hills will improve the habitat for small mammals and birds, which will provide a food source for
large mammals and birds of prey that forage in the same habitat.
10.0 LITERATURE CITED
Barclay, J. H. 2008. A simple artificial burrow design for burrowing owls. Journal of Raptor
Research 42(1): 53-57.
Bates, Christine.2006. Burrowing Owl (Athene cunicularia). In The Draft Desert Bird
Conservation Plan: a strategy for reversing the decline of desert-associated birds in California.
California Partners in Flight.
Barentsen, A. R., T. P. Salmon: 2001. The structure of California ground squirrel burrows:
Control implications. Transactions of the Western Section of the Wildlife Society 37:66-70.
California Burrowing Owl Consortium. 1993. Burrowing owl survey protocol and mitigation
guidelines.
California Department of Fish and Wildlife (CDFW). 2014. California Natural Diversity Database
(CNDDB). CDFW Biogeographic Data Branch, Sacramento, California. ·
California Department of Fish and Wildlife. 2008. Guidance for Burrowing Owl Conservation.
Habitat Conservation Branch, Wildlife Branch, Bay Delta Region, Sacrament, California.
California Department of Fish and Game. 2012. Staff Report on Burrowing Owl Mitigation ..
City of Palo AltoParksand Recreation Commission. 2013. Ordinance of the council of the City
of Palo Alto Amending Section 22.04.270 by adding subsection 22.04.270(C) to prohibit the
feeding of wildlife and feral animals in Palo Alto parks and open space areas.
Clayton, K. M., J. K. Schmutz. 1999. Is the decline of burrowing owls (Speyotyto cunicularia) in
prairie Canada linked to changes in Great Plains ecosystems? Bird Conservation International
9:163-185.
Desmond, M. J. and J. A. Savidge. 1999. Satellite burrow use by burrowing owl chicks and its
influence on nest fate. Pages 128-130 in P.O. Vickery and J.R. Herckert, editors. Ecology and
conservation of grassland birds of the western hemisphere. Studies in Avian Biology 19.
Environmental Science Associates (ESA). 2008. Palo Alto Baylands Comprehensive
Conservation Management Plan: Wildlife Management Element-Byxbee Park Hills and Future
Landfill Closure Area, Wildlife Habitat Assessment. Prepared for the City of Palo Alto.
Feeney, L. R. 1997. Burrowing owl site tenacity associated with relocation efforts. Pages 132 -
137 in J.L. Lincer and K. Steenhof (Editors). The burrowing owl, its biology and management
including the proceedings of the first international burrowing owl symposium. Journal of Raptor
Research Report 9.
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Golder Associates, Inc. 2013. Final Closure and Postclosure Maintenance Plan, City of Palo
Alto Landfill. Prepared for the City of Palo Alto.
Green, G. A., and R. G. Anthony. 1997. Ecological considerations for management of breeding
burrowing owls in the Columbia Basin. Pages 117-121 in The Burrowing Owl, its biology and
management, including the proceedings of the First International Burrowing Owl Symposium
(J.L. Lincer, and K. Steenhof (Editors). Raptor Research Foundation.
Harman, L. M. and J. H. Barclay. 2007. A summary of California burrowing owl banding records,
in Proceedings of the California Burrowing Owl Symposium, November 2003, edited by Barclay,
J. H., K. W. Hunting, J. L. Lincer, J. Linthicum, and T. A. Roberts, pp. 123-131. Bird
Populations Monographs No. 1. The Institute for Bird Populations and Albion Environmental,
Inc. Point Reyes Station, C~, vii + 197 pp.
Haug, E. A., B.A. Millsap, and M.S. Martell. 1993. The burrowing owl (Speotyto cunicularia) in
The Birds of North America, No. 61, edited by A. Poole and F. Gill. Philadelphia, PA: The
Academy of Natural Sciences; Washington, D.C.: The American Ornithologists' Union.
ICF International. 2012. Final Santa Clara Valley Habitat Plan: Appendix M Western burrowing
owl conservation strategy. Santa Clara Valley Habitat Agency.
Johnsgard, P. A. 1998. North American Owl: Biology and Natural History. Washington D.C.
Smithsonian Institution Press.
Johnson, D. H., D. C. Gillis, M.A. Gregg, J. L. Rebhotz, J. L. Lincer, and J. R. Belthoff. 2010.
Users Guide ~o Installation of Artificial Burrows for Burrowing Owls. Tree Top Inc., Sehal,
Washington. 34 pp.
Landry, R. E. 1979. Growth and development of the burrowing owl. M. S. thesis, California State
University, Long Beach, CA.
Lutz, R. S., D. L. Plumpton. 1999. Philopatry and nest site reuse by burrowing owls: Implications
for management. Journal of Raptor Research 33: 149 -153.
Josselyn, M., A. Hatch, C. Strong, and F. Nichols. 2005. Synthesis for Issue 8: Impact of
invasive species and other nuisance species. South Bay Salt Pond Restoration Project Science
Team.
Klute, D. S., L. W. Ayers, M. T. Green, W. H. Howe, S. L. Jones, J. A. Shaffer, S. R. Sheffield,
and T. S. Zimmerman. 2003. Status Assessment and Conservation Plan for the Western
Burrowing Owl in the United States. U.S. Department of the Interior, Fish and Wildlife Service,
Biological Technical Publication GWS/BTP-R6001-2003, Washington D.C.
Rich, T. 1984. Monitoring burrowing owl populations: implications of burrow re-use. Wildlife
Society Bulletin 12: 178-180.
Trulio, L. and P. Higgins. 2012a Shoreline Burrowing Owl Preservation Plan. City of Mountain
View Public Works and Community Service Departments.
Trulio, L. and P Higgins. 2012b. Bufferlands Interim Burrowing Owl Management Plan. San
Jose/Santa Clara Water Pollution Control Plant.
Trulio, L. 2014. Burrowing Owl Workshop. Elkhorn Slough Coastal Training.
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U.S. Fish and Wildlife Service. 2008. Birds of Conservation Concern 2008. United States
Department of Interior Fish and Wildlife Service, Division of Migratory Bird Management,
Arlington, Virginia. 85 pp.
University of California. 2014. Ground Squirrel Best Management Practices: Identifying burrows.
http://ucanr.edu/sites/Ground Squirrel BMP/Biology/ldentifyinq Burrows/ (accessed June 7,
2014)
University of Lethbridge. 2014. Burrow system of Richardson's ground squirrels (also known as
gophers). http://research.uleth.ca.rqs/burrow.cfm (accessed April 25, 2014).
Winter, Land G. E. Wallace. 2006. Impacts of feral and free-ranging cats on bird species of
conservation concern. A five-state review of New York, New Jersey, Florida, California, and
Hawaii. American Bird Conservancy.
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Burrowing Owl Management Plan -Byxbee Park Hills
BURROWING OWL MANAGEMENT PLAN FOR THE
BYXEBEE PARK FINAL INTERIM PARK PLAN
APPENDIX A
FIGURES
MIGITRA Environmental Sciences
OASIS Associates
MIGITRA
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I '1-'tJVII\,o,r" I' I I~ \.AI VV Page A-1
Phase liB
Phase IIA
+I
Source: TRA EnvironmBnlal Sciences, Inc., Esri, Digits/Globe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, /GN, /GP, swisstopo, and the GIS User Community
Byxbee Park Hills Limits and Closure Phases
Figure 1 Regional and Site Vicinity
II Byxbee Park Hills
DocuSian Envelope ID: E7 ABEB8B-9B80-40DD-9FAO-DE07 A2461 1 ED
I \"f'JtJVII\.A IA I \ I I~ \AI V-.)
Ocr:# 18-1983
Ocr:# 51 -1950
Occ # 21 -2008
Ocr:# 215 -19
Ocr:# 1235 -2002
Ocr:# 1 031 -2003 Ocr:# 1 032 -2004
Ocr:# 1 033 -2004
Burrowing Owl CNDDB Occurrence# and Date (see text for descriptions)
Palo Alto Baylands Which Includes Byxbee Park Hills
Major Road ,------. ~----~ County Boundary
Page A-2
Occ #23 -2004
Figure 2 Burrowing Owl Locations within 5 Miles
Byxbee Park Hills
DocuSign Envelope 10: E7ABEB8B-9B80-4000-9FAO-OE07A24611ED
ntJt-·H::;IIUIA n I 18UI v_,
0
• •
0.03 0.06
Miles
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Page A-3
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• Burrow
Palo Alto Baylands Which Includes Byxbee Park Hills
Figure 3 Past Locations of Overwintering Owls
II Byxbee Park Hills
DocuSian Envelope 10: E7ABEB88-9880-40DD-9FAO-DE07A24611ED
ritJtJGIIU I/\ r\ I I~UI <:;;~
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Miles
12
Habitat Plan
Permit Area
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Palo Alto Baylands Which Includes Byxbee Park Hills
-Burrowing Owl Fee Zones
CJ Habitat Plan Permit Area
Page A-4
Figure 4 Santa Clara Valley Habitat Plan Area Map
with Expanded Burrowing Owl Study Area
Byxbee Park Hills
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Appendix A Figures
I
T R A ~~SMENTAl
PI·.LO ALTO
PLOcJi) BASIN
[MIL Y ~~EN7~L !".AI'~RSI-1' AREA
--------
LEGC .. ~JO
0 250 500 1000
I H I I Feet
1:1536
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Page A-5
Figure 5
PALF Existing
Environmental Control
Systems
Byxbee Park Hills
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G
: ____ -_1 ~ ____ 1_ ~3-c: _ .---_-_-_-_-_-_-_-_-_-_--. H
3 Top View
F
A
52 em
Front View Side View
A· Plastic irrigation valve box, 48 em long x 35 em wide x 27 em high (inside dimensjons)
B -Removable lid
------+---C -Ca . 2 m of 1 0-cm diameter perforated flexib!e plastic pipe
D • 20 x 20 x 15 em hoUow concrete blo~k
II
E K Plastic rope or chain marking location of nest chamber on ground surface
F -0_5 m perch post (optional)
G • Excavation footp rint for installation - - -
H • Optional second entrance
Figure Number Enter Map
Figure 6 Artificial Burrow Design (Barclay 2008)
Byxbee Park Hills
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Miles
0.2 +I
Page A-7
Source: Oasis Associates, Inc., TRA Environmental Sciences, Inc .. Esri, Digila/Giobe, GeoEye, i-cubed, USDA. USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
e Nest Burrow (2 entrances)
• Satellite Burrow (1 entrance)
Fo~age Habitat
~ Burrow Habitat
Figure 7 Burrowing Owl Burrow Habitat Locations
Byxbee Park Hills
DocuSign Envelope I D: E7 ABEB8B-9B80-40DD-9FAO-DE07 A24611 ED r\IJIJv iiUIA r\ I I~UI t;;)
*
* * * * *
* * *
* * * * *
* * * * * * *
* * * * * * * * * * * * * * * *
*
0 0.05 0.1 +I
*
* *
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* Tentative Habitat Feature Locations
Forage Habitat
.. Burrow Habitat
Page A-8
Figure 8 Tentative Locations for Prey Species Habitat Features
Byxbee Park Hills
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"' •sEC:U Rl D
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