HomeMy WebLinkAbout03/17/1998, C10 - PENNINGTON CREEK RIPARIAN ENHANCEMENT - APPROVAL OF PLANS, SPECIFICATIONS, AND GRANT APPLICATION � 1
council -ir-
j aclenaa RepoRt
CITY OF SAN LUIS OBISPO
FROM: John Moss,Utilities Directo
Prepared by: Dan Gilmore,Utilities Eng' tom/
SUBJECT: Pennington Creek Riparian Enhancement- Approval of Plans, Specifications,and
Grant Application
CAO RECOMMENDATION:
1) Allocate an additional$25,000 from fund balance for completion of the Pennington Creek
Riparian Enhancement Project. Total project budget will be$150,000.
2) Approve the project plans and specifications, authorize the solicitation of bids, and
authorize the CAO to award the contract if the low bid is within the engineer's cost
estimate.
3) Approve the application to the State Department of Fish and Game(DFG)for grant funding
for this project and authorize the CAO to execute the associated grant agreement(s)* and
property access agreements.
* DFG awards grants from various funding sources,which may result in the need for more
than one agreement.
DISCUSSION:
Project Summary
Staff has been working for more than three years to resolve a protest by the California Sportfishing
Protective Alliance (CalSPA), develop the Pennington Creek Steelhead Habitat Restoration Plan,
and secure engineered design of the Pennington Creek Riparian Enhancement Project. All of these
project components are necessary to satisfy a requirement that was written into the City's permit to
take water from Whale Rock Reservoir. There are a total of four sites along Pennington Creek that
are involved in this project. Near Cuesta College, an old diversion dam was partially removed by
DFG. The construction of several concrete weirs and the formation of step pools are still needed at
this site to facilitate fish migration during low flows.
The second location is the Highway 1 crossing near Cuesta College. A hydrologic/hydraulicstudy
was performed by a consultant to the City and a permit has been obtained from Caltrans for this
work. The proposed mitigation at this site involves the construction of two rock weir step pools
below the culvert, and the installation of"Washington baffles" in the culvert to create a low-flow
channel and provide for steelhead passage.
r `
Council Agenda Report-Pennington Creek Riparian Enhancement
Page 2
The third location is the Rancho El Chorro diversion dam. This is another man-made structure
which was installed to divert water to a small reservoir at Rancho El Chorro. This project involves
the construction of a fish ladder type structure that will facilitate fish migration during low flows.
The fourth site is a small creek crossing created by the construction of a gravel access road over two
large corrugated metal culverts. The minimum improvements required at this location would
involve the construction of two to three rock weir step pools to back-flood the culverts. A preferred
project alternative involves replacing the culverts with a clear-span type bridge structure,allowing
the flow line of the creek to revert back to its original state.
Background
On November 19, 1996, Council approved the Request for Proposals for the design of the
Pennington Creek Steelhead Habitat Restoration Project and authorized the CAO to award the
consultant services contract if the amount of the bid was less than$25,000.
The consultant services contract was awarded to John L. Wallace&Associates for a fee of$17,800.
After the project was awarded, staff became aware of grant money that is available for wildlife
habitat restoration projects such as ours. Subsequently,on April 1, 1997, Council authorized staff
to apply to the State Department of Fish and Game - Wildlife Conservation Board for $30,000 in
grant funding,and the grant was awarded on August 14, 1997. The funding is specifically for the
preferred alternative at Site#4. The enhancement to Site #4 of the project involves the removal of
corrugated metal culverts that prevent fish migration and replacement with a clear span arch culvert
or bridge type structure. Without the grant funding, the site would be restored by constructing a
series of rock dams in the creek that would backflood the culverts and allow fish to migrate through
them. The Department of Fish and Game has stated their preference for the bridge solution to the
fish migration barrier at this location.
On June 2, 1997, the CAO approved Amendment#1 to the agreement with John L. Wallace &
Associates,to perform an evaluation of the bridge options for the project enhancement at Site #4.
On October 7, 1997, the CAO approved Amendment #2 to John L. Wallace & Associates'
agreement to perform the actual design of the preferred bridge alternative. The plans and
specifications for construction of this project have been completed by John L Wallace &
Associates,in close coordination with the City and the Department of Fish and Game. The design
includes the preferred alternative for Site#4. Staff is recommending that Council approve the plans
and specifications and authorize bidding for the project.
Funding
Funding in the amount of$125,000 has been included in the City's 1997-99 Financial Plan and
Approved 1997-98 Budget to support construction of this project. This leaves an estimated budget
shortfall of $19,000 for completion of the project. Staff is recommending Council approve an
additional $25,000 from fund balance to ensure adequate funding for completion of this critical
project.
Staff desires to take advantage of additional grant monies that have been set aside by the DFG
specifically for projects of this nature.Historically,the deadline to apply for this grant funding was
['_�O.Z
Council Agenda Report-Pennington Creek Riparian Enhancement
Page 3
in February of each year. A recent change moved the deadline for this next funding cycle to
December 19, 1997. This change did not allow staff adequate time to prepare the extensive grant
application and acquire Council approval prior to the deadline. With CAO authorization, staff
submitted an application to the DFG prior to the deadline, subject to Council approval. Staff is
recommending that Council retroactively approve the grant application to DFG for an additional
$40,000 to support this project. If approved,this grant funding will help reduce the City's share of
cost of the overall project,particularly the project enhancements at Site 4.
The requested action is consistent with previous Council action to approve a grant application by
the City's Natural Resources Manager for the same project. On April 1, 1997, Council passed
Resolution 8646 (1997 Series)authorizing application directly to the Wildlife Conservation Board
(WCB)for$30,000 in grant funding. This grant was approved by the WCB on August 14, 1997.
The WCB is one of several funding sources available to the DFG, which includes Proposition 70,
Proposition 99, Commercial Salmon Stamp Account, Steelhead Catch-Restoration Card, and
Salmon and Steelhead Restoration Account monies, as well. The grant money is being sought to
help fund this environmentally beneficial project,which includes enhancements that go beyond the
minimum requirements of the City's water rights permit.
Action Summary
Chronology:
On 11/19/96,Council authorized RFP for design services.
On 1/7/97,CAO awarded design contract to John L. Wallace&Associates.
On 4/1/97,Council authorized application to the Wildlife Conservation Board for$30,000
grant(awarded on 8/14/97).
On 6/2/97 and 10/7/97,CAO authorized Amendments 1 and 2 (respectively)to the
consultant services agreement with JW&A.
On 12/17/97,CAO report authorized grant application subject to subsequent Council
approval.
On 12/19/97,staff submitted grant application.
Current CAR approves plans& spec's,authorizes grant application,amends budget,and authorizes
CAO to award and execute agreements.
Permits/approvals received:
CEQA-Community Development,notice of exemption
Department of Fish and Game-Streambed Alteration Agreement
0410
Council Agenda Report-Pennington Creek Riparian Enhancement
Page 4
Regional Water Quality Control Board-no action during review period(waiver)
Caltrans-Encroachment Permit
National Marine Fisheries- Section 7 Consultation(letter received by ACOE)
Coastal Commission-Jurisdiction Letter
Cuesta College-Access Agreement(needs CAO signature,once authorized by Council)
County Schools-Access Agreement(needs CAO signature,once authorized by Council)
Permits/approvalspending:
Army Corps of Engineers-Nationwide Permit(expected by 5/1/98)
US Fish and Wildlife(throughACOE,expected by 5/1/98)
DFG Grant Proposal(decision on$40,000 grant funding expected by 4/l/98)
Actions required following Council approval of recommended actions:
CAO to execute property access agreements
Submit access agreements to DFG,completing grant proposal
Advertise for bids
Receive bids
CAO to award
Budget Amendment Request(if necessary due to denial of pending grant proposal)
Construct project
Prepare Project Completion Report(condition of Wildlife Conservation Board Grant)
CONCURRENCES:
The City Natural Resources Manager concurs with the desirability of the enhanced project and
concurs with the recommended actions.
FISCAL IMPACT:
This project is identified in the 1997-99 Financial Plan-Approved 1997-98 Budget,page E-5. The
more detailed budget reference can be found in Appendix B - Capital Improvement Plan Projects,
.page 37. Budget for the construction of this project includes $95,000 from the Water Fund and
$30,000 from the Wildlife Conservation Board (grant approved August 14, 1997), totaling
$125,000. The subsequent grant application, if approved, could yield an additional $40,000 to
support construction of this project. Staff is recommending Council approve an additional$25,000
from Water Fund balance to support this project. Should the DFG grant not be approved, total
budget available for completion of the project would then be $150,000. The engineer's estimate is
$144,000,including 2% for bonding and 10% for contingencies. With approval of the DFG grant,
the City's contribution to the project would be reduced and any funds remaining upon successful
completion of the project will be returned to Water Fund balance.
C. 10-LI
Council Agenda Report-Pennington Creek Riparian Enhancement
Page 5
ALTERNATIVES:
Because this project is a condition of our permit to take water from Whale Rock Reservoir, it can
not be deferred or deleted. The only available alternative is to complete minimum improvements at
all four sites,including Site#4. This alternative is not recommended due to the availability of grant
funding for Site #4, additional design costs, higher maintenance costs, and decreased reliability
associated with the minimum improvements approach.
Attachments:
The project plans and specifications and the DFG grant proposal (application)are available in the
Council Office.
gAdmt\permmgton\pcnnington creek car