HomeMy WebLinkAbout11/19/1996, C-2 - PENNINGTON CREEK STEELHEAD HABITAT RESTORATION PROJECT J
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Nov. 19, 1996
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C I TY OF SAN LU I S O B I S P O
FROM: John Moss 6Q'l PREPARED BY: Dan Gilmor
Utilities Director Utilities Engineer'
SUBJECT: Pennington Creek Steelhead Habitat Restoration Project
CAO RECONEMU44DATION:
By motion, 1) approve the RFP for consultant services relating to the Pennington Creek Steelhead
Habitat Restoration Project,authorize the solicitation of proposals pursuant to Specification 95-28,
and authorize the CAO to award if the proposed contract amount is less than $25,000, and 2)
authorize the use of funds previously approved for construction of this project to fund the
consultant services.
DISCUSSION:
Backemund. Under the State Water Resources Control Board(SWRCB)Permit#11390,the City
of San Luis Obispo is allowed to store and use water from Whale Rock Reservoir.
Approximately every ten years, the City is required to file a petition for time extension on the
permit to make full beneficial use of the water stored in the reservoir. The latest petition for time
extension on the City's permit was protested by the California Sportfishing Protective Alliance
(CalSPA).
The protest filed by Ca1SPA argues that the construction of Whale Rock Reservoir, in the 1950's,
destroyed a natural ocean-run steelhead trout fishery on Old Creek in Cayucos. The construction
of the reservoir has resulted in no viable spawning habitat on Old Creek, either above or below
Whale Rock Reservoir. Through discussion and negotiation between the City and the State
Department of Fish and Game (DFG), Ca1SPA has agreed to withdraw its protest of the petition
for time extension on Permit.#11390 if the City will complete certain in-stream repairs to allow
fish passage beyond certain man-made obstructions in Pennington Creek. This agreement was
formalized by the inclusion of specific language requiring the mitigation in the City's permit. On
September 20, 1994, Council conceptually approved the project to remove these obstructions,
accepting the new permit condition, in exchange for the lifting of the protest by Ca1SPA. A copy
of the permit with the new language is included in the attached Pennington Creek Steelhead
Habitat Restoration Plan.
Though they also take water from Whale Rock, California Men's Colony (CMC) and Cal Poly
each have separate permits, which have not been protested. In fact, CMC has received a license
on their permit, which imposes limits based on their historic usage. It is for these reasons that
the proposed project is the City's responsibility, rather than that of the Whale Rock Commission.
Wozk completed tD date. The permit condition requires that the City submit a habitat restoration
plan for approval by the DFG and the Water Resources Control Board Division of Water Rights
(SWRCB). The Pennington Creek Steelhead Habitat Restoration Plan was prepared and
submitted to the DFG for approval. Keith R. Anderson, Senior Fisheries Biologist for the DFG,
Council Agenda Report - Pennington Creed Steelhead Habitat Restoration Project
Page 2
approved the plan in a letter dated March 17, 1995. The plan was subsequently approved by
Edward C. Anton, Chief of the SWRCB Division of Water Rights, in a letter dated June 15,
1995. The City has until March 30, 1998 to fully implement the rehabilitation plan. Upon
successful completion of the project, the City must obtain written documentation from DFG that
the plan has been fully implemented, and submit that documentation to the SWRCB.
The City's Community Development Department has reviewed the plan and declared the project
categorically exempt per Section 15304(d). The Notice of Exemption has been filed with the
County Clerk.
Initially, it was envisioned that the recommended improvements could be constructed using
volunteer work crews from the California Conservation Corps or CMC. However, the level of
analysis required by Caltrans for a permit to modify their box culvert at Highway 1 is more
substantial than originally anticipated. Due to the importance of this project to the City and the
complexity of the issues, staff has determined that a more professional approach would better
serve the needs of the project. Staff is seeking the professional services described in this RFP
to be certain that the project succeeds within the time constraints, and that the resulting product
be of sufficient quality to minimize or eliminate the need for ongoing maintenance by City staff.
The consultant services will include hydrologic and hydraulic analysis of proposed modifications
to a Caltrans box culvert, and the development of plans and specifications for the proposed
stream channel modifications described in the approved Pennington Creek Steelhead Habitat
Restoration Plan. The plans and specifications developed in this process will be brought back
to Council for approval prior to bidding. City Utilities and Engineering staff do not possess the
unique combination of engineering and environmental expertise to ensure a successful project and
timely completion.
FISCAL EMPACT:
On September 20, 1994 Council approved the Pennington Creek fishery project and authorized
the use of $25,000 for construction of this project (500.9528.510.553). For the reasons stated
above, staff proposes to use the money previously allocated for construction to secure
professional services for hydrologic and hydraulic analysis of a Caltrans box culvert, and for the
development of construction plans and specifications. Staff will prepare a CIP request as part
of the 1997-99 Financial Plan for construction of the required improvements.
ALTERNATIVES:
Since implementation of the Pennington Creek Steelhead Habitat Restoration Plan is a
requirement that has been written into the City's permit to take water from Whale Rock
Reservoir, there is no alternative to the completion of this project. As mentioned above, staff
initially felt confident that the design and construction of the project could be completed using
City and volunteer forces. The complexity of the issues have grown to the point where the hiring
of a consultant is the only way to ensure timely success of the project. City staff is currently in
contact with various other groups that may be interested in assisting with the construction phase
of the project, either physically or fiscally. These opportunities, if available, will be brought back
to Council along with the plans and specifications, once they have been prepared.
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