HomeMy WebLinkAbout07-15-2014 b1 HillCity of San Luis Obispo, Council Memorandum
July 14, 2014
TO: City Council
FROM: Michael Codron, Assistant City Manager
Robert A. Hill, Natural Resources Manager
VIA: Katie Lichtig, City Manager
SUBJECT: Council Agenda Item B1 – Laguna Lake Natural Reserve Conservation Plan
A Council Member has forwarded the following questions to staff in advance of the July 15,
2014 Council Agenda item regarding the Laguna Lake Natural Reserve Conservation Plan. The
questions to be addressed are below, with staff’s response following:
1. Does this plan propose, or merely “accommodate” dredging of Laguna Lake? If and
when dredging is to occur, what additional steps beyond adoption of this plan would
be necessary? Specifically, how will Council go about forming a CFD or Assessment
District (1915 Act?) to finance the neighborhood share of the cost?
If the Laguna Lake Natural Reserve Conservation Plan is approved by the City Council, that
action does not authorize the commencement of a dredging project by itself. For the most
part, the projects anticipated in the Draft Plan will require separate Council actions to
allocate funding, and will also require additional regulatory permits and additional
environmental review. Regarding the potential formation of a Community Facilities District
(CFD) there are a number of due diligence feasibility tests and procedural steps that would
need to be taken before a measure could be placed before affected property owners for a
vote. A good reference source about the 1982 Mello-Roos Community Facilities Act
(Government Code Sections 53311 et seq.) can be found by following the link below:
http://ceres.ca.gov/planning/financing/chap2.html.) The Draft Plan suggests that if a CFD is
pursued, but is ultimately unsuccessful, the City would have to rely on a “pay-as-you go”
funding strategy – meaning that the various projects in the plan could move forward as the
Council took actions through the budget process to make funding available.
2. Is it feasible to excavate the lake bottom if, as anticipated, the water level continues to
drop between now and the next rains?
The City’s prior experience over the years has been that even though the lake bottom may
appear dry with a cracked surface, it is still muddy and wet below the surface making work
conditions very challenging. The photo below is from the 1977 drought event and depicts a
City maintenance truck requiring a winch removal to retrieve it from the muddy sub-surface
of the lake.
Council Agenda Item B1 – Staff Response to Council Member Questions Page 2
It is important to consider that there is a lengthy process associated with dredging
irrespective of the water level in the lake. To move forward with a project the City needs to
identify funding to support project design, environmental review, and to secure regulatory
permits before any project can occur in the lake itself. In the best of circumstances, such a
permit package is likely to take several months. Because of the scope of this project, it is
recommended that any funding decisions be made in the context of the City’s two-year
financial plan process.
3. In the Draft Conservation Plan, p. 26, there are a list of 8 “goals” (3.1-3.8), which
appear in the staff report p. B1-4 as “Policies.” There are significant differences
between goals and policies. Please reconcile this discrepancy.
The Draft Plan enumerates both Goals (3.1-3.8) and Policies (3.9-3.12) separately
beginning at page 26. The Council Agenda Report refers to Goals and Policies, but only the
Goals (3.1-3.8) are enumerated. We apologize for any confusion caused by this
discrepancy.
Council Agenda Item B1 – Staff Response to Council Member Questions Page 3
4. Specifically, where is this grazing taking place? Is it compatible with the endangered
plant species found in the Reserve?
The area where grazing occurs in noted on the map shown in Figure 18 on page 30 (p. 31 of
the .pdf file) of the Draft Plan. At present, this use is low-intensity horse grazing as the
animals are moved between pastures on adjoining properties. This regime appears to be
fostering recruitment of native perennial grass and other native plants that respond well to
disturbance. Although there are numerous rare plants in this area, the only federally
endangered plant is the Chorro Creek bog thistle (Cirsium fontinale var. obsipoense); these
populations have been separately fenced to exclude both animal and human
encroachment. The Draft Plan calls for staff to actively monitor this area for impacts, and to
take corrective action if Levels of Acceptable Change (LAC) are exceeded.
5. On page 29, the cost figure is missing its final “0” ($460,000). This cost estimate is
based upon City staff and equipment purchase; has staff investigated the option of
contracting out the dredging?
The figure on page 29 reflects an annualized cost estimate over the course of ten years. If
the Draft Plan is approved and financing is available for a dredging project, staff will ensure
that such a project is undertaken with the most contemporary and appropriate equipment
and staffing/contracting approach available to ensure a project that is safe, efficient, cost-
effective, and minimally impactful.
T:\Council Agenda Reports\2014\2014-07-15\Laguna Lake Management Plan (Codron-Hill-Otte)\Council Memo RE LLNRCP.pdf