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HomeMy WebLinkAbout06/19/2001, 7 - APPROVAL OF CONCEPTUAL RESTORATION AND ENHANCEMENT PLAN FOR THE FILIPPONI ECOLOGICAL AREA AND GRANT Council. j acEnaa RepoiA r7 11// C I T Y OF S AN L U IS O B I S P 0 FROM: Wendy George, Assistant City Administrative Officer Prepared By: Neil Havlik,Natural Resources Manager 1.n14 SUBJECT: APPROVAL OF CONCEPTUAL RESTORATION AND ENHANCEMENT PLAN FOR THE FILIPPONI ECOLOGICAL AREA AND GRANTING OF EASEMENT TO PACIFIC GAS AND ELECTRIC COMPANY. CAO RECOMMENDATION 1. Approve the conceptual restoration and enhancement plan ("Conceptual Plan") for the Filipponi Ecological Area as submitted by the Land Conservancy of San Luis Obispo County, and 2. Grant an easement to Pacific Gas and Electric Company to permit realignment of overhead power lines on the site. DISCUSSION Background: The 75 acre Filipponi property on South Higuera Street was identified some years ago as an excellent candidate for riparian restoration efforts, and this identification was a major impetus for its acquisition. The site was acquired by the City of San Luis Obispo in April 2000. The proposed Conceptual Restoration and Enhancement Plan (the "Conceptual Plan") is the result of the acquisition and a subsequent agreement among the City of San Luis Obispo, County of San Luis Obispo, and Land Conservancy of San Luis Obispo County to prepare and implement a restoration project on the site. The Land Conservancy has served as the project manager. Technical studies and the basic plan itself were developed by Questa Engineering of Point Richmond, Ca., with biological support studies prepared by Morro Group. The Conceptual Plan is the framework for enhancing habitat value and floodplain functions of portions of the main channel of San Luis Obispo Creek and the East Fork of San Luis Obispo Creek. These areas have been impacted by past agricultural practices, and by a major crude oil spill in 1926. Impacts have included realignment of the creek channel, channelization, removal of riparian vegetation, and some remaining soil contamination by hydrocarbon compounds associated with the 1926 spill. The plan is referred to as "conceptual' as certain of the project activities will require permitting from the U. S. Army Corps of Engineers and may be modified somewhat through the permit process. It is expected that these changes, if any, would be minor. The Conceptual Plan: The proposed restoration/enhancement is multifaceted. An approximately 162m (500 foot) long, 15,200m' (3.8 acre) wetland Swale will be constructed within the East Fork floodplain. Grade control features will be placed within East Fork Creek near its confluence with San Luis Obispo Creek to stabilize existing headcut areas. Seasonal and perennial pool features will be created within the existing East Fork floodplain by excavation. In addition, a 420m (1,400 foot) reach of San Luis Obispo Creek near its confluence with the East Fork will be enhanced by creating pool features for southern steelhead trout. All excavated areas / r_. Council Agenda Report—Approval of Conceptual Plan for Filipponi Ecological Area Page 2 (depressions and swales), and the existing corridors of the East Fork and San Luis Obispo Creek will be enhanced by removing non-native plant species and planting both native herbaceous hydrophytes and tree species such as willows, box elders, cottonwoods, and sycamores. Portions of San Luis Obispo Creek may need to be temporarily dewatered or diverted to facilitate construction of in-stream pool features. A jurisdictional wetland delineation was completed at the site to quantify and characterize the nature and extent of waters of the U.S, that is, subject to Corps jurisdiction. It was found that approximately 1,191 m' (0.3 acre) within Corps jurisdiction will be affected by the project. A Habitat Mitigation and Monitoring Plan was developed to guide restoration and enhancement efforts at the time of construction, and for a period of five years following construction. The impacts within Corps jurisdiction will be more than mitigated for by creation of 48,834 m (1.26 acre) of jurisdictional wetland habitat and/or other waters of the U.S. within the East Fork floodplain. In addition, the project will include over 11 acres of riparian vegetation enhancement along the existing East Fork and San Luis Obispo Creek alignments, plus creating stable pool features on the main stem of San Luis Obispo Creek. For these reasons the project is seen as self-mitigating, with an effective mitigation ratio exceeding 40:1 on an acreage basis. Environmental Determination: The project has been determined to be a categorical exemption from CEQA for the following reasons: 1. Section 15304(d) of CEQA provides a categorical exemption for"minor alterations in land, water, and vegetation" in designated "wildlife management areas" whose purpose is to improve habitat for, or populations of, native wildlife and fish (class 4 exemption); 2. The project is, at least in part, mitigation for impacts to riparian resources occasioned by the extension of the main runway of the San Luis Obispo County Airport; and 3. Removal of land from agriculture is being kept to a minimum consistent with the project, part of the property will remain in agriculture for the foreseeable future. PG&E Easement Request: During the site work for development of the conceptual plan, staff discovered that PG&E workers had been on the property and were preparing to place a new power pole in the spot where the East Fork Creek confluence with San Luis Obispo Creek would be widened. When PG&E was questioned about this, it was learned that an erroneous record existed and neither PG&E nor the County were aware that the property was owned by the City. The need for the pole relocation is required by earthquake retrofitting of the South Higuera Street bridge. Therefore, staff met with PG&E, cleared up the matter of the error, and identified in the field a location of the pole that would still meet the clearance needs for the bridge work and not interfere with the restoration project. PG&E has thus requested an easement to place a single new power pole on the property. Staff recommends Council approval of the easement to accommodate all parties' needs at the site. Impact of the pole upon on the aesthetic and habitat value of the site will be negligible, as the lines are already present and will merely be relocated in one area. Council Agenda Report—Approval of Conceptual Plan for Filipponi Ecological Area Page 3 FISCAL IMPACT The project will have a beneficial fiscal impact in that it will leverage City funds with the addition of over $500,000 in outside funds to implement the project. Total City cost for the project is estimated at approximately $100,000; these are part of the Water Reuse CIP funds allocated to mitigation. They will be used for the in-stream habitat structures to enhance steelhead habitat, and for the seasonal ponds which will benefit southwestern pond turtles. This is in accordance with the Water Reuse Project EIR, and with the Biological Opinion of the National Marine Fisheries Service and agreement with the State Department of Fish and Game. CONCURRENCES As noted above the in-stream improvements proposed for San Luis Obispo Creek, and the pond turtle habitat improvements proposed for East Fork will be funded from the Water Reuse Program mitigation monies. The Utilities Department has been a major player in the project since its inception, and will be more involved in the project as the mitigation aspects move forward. The flood control aspects of the project (which primarily affect the East Fork of San Luis Obispo Creek) have been incorporated into the Waterway Management Program for San Luis Obispo Creek currently being prepared by Questa Engineering under the auspices of the Zone 9 Flood Control District. The Public Works Department is part of this effort and will be involved in the implementation of the project, directly and through Zone 9, especially those aspects involving the main stem of San Luis Obispo Creek. The Community Development Department has provided the CEQA information to support the finding of a categorical exemption. ALTERNATIVE Reject the Conceptual Plan and the Easement Request. Such action is not recommended as it would negate the positive environmental and floodplain functions resulting from completion of the project, and would represent a reversal of all Council actions relating to this project up to this time. Attachments: 1. Location Map and Conceptual Plan Map 2. Executive Summary of the Filipponi Ecological Area Restoration and Enhancement Plan 3. Easement Request from PG&E (Note: The full Restoration and Enhancement Plan will be available in the Council reading file.) Filipponi Restoration Project Location ATTACHMENT i IKI �63 _;Al I 1'.JAN V:11 �y-� i *, L�W .14 Ji Zp .......... x4a sir bbu 'I. �F t. lZ� 0 sect sate e CN CL Z Z W ' Lu co J 1, T W OL CL , J w F- f w o z a �T z z Z < LLJ LU co LIJ LLI Wj CO Jt � W • .i <LU W H z W d, Z WaLu 0 � y<of 1• �wOcn w �� � CL • J Loi LIJ W J U \, > k. , `f,r ` 0 wm WOW 21 , �, Wz W CZ O Lij Uo~ g r :s•`a •� om Cl_ yJ pZw mo p Wa jmm CL co <WQozo Zw w0 wmF- O ¢ O� 0 co y d�U ,. '=;` ` wo Hca - j �OU CACw7040ui Er 0m m r = W — H m R JmD 2W co CDWCL LU • OZCr R ti I ! oa > • zo Y Q U m _S m ~ off m Q o � UN 0Q0w E w — wwFa- wnz fj IXL aMW � < •V \ C ly v I 1L 1 R nW.l 1C R i R •V � � O .�� Gveanosi+a a CD cl Lu 0 J o m co o 9 IWY I � � r o p o V $ x © O 0 O R R i a aN.nl.sn�ra - ATTACHMENT 2 FILIPPONI ECOLOGICAL AREA CONCEPTUAL RESTORATIONAND ENHANCEMENT PLAN EXECUTIVE SUMMARY The Filipponi Ecological Area is owned by the City of San Luis Obispo, and was purchased in April 2000 as a site for restoration and enhancement activities, and to partially meet City mitigation requirements associated with the Water Reuse project. The Land Conservancy of San Luis Obispo County is cooperating with the City in the planning and implementation restoration and enhancement activities that will be completed at the Ecological Area. The property is located at the confluence of the East. Fork and main stem of San Luis Obispo (SLO) Creek, about one mile downstream of the Los Osos Valley Road crossing of the creek. The Concept Plan, prepared by Questa Engineering, will form the basis for environmental review and permitting, and for preparation of more detailed construction drawings. The project site consists of a long, narrow, and nearly level farm field bordered on the south by the East Fork, and on the north by a fence line common with the adjacent farm field. The eastern boundary is formed by a sharp bend in the East Fork, while South Higuera Street and San Luis Obispo Creek form the north boundary. Restoration and enhancement activities will occur on the farm field, the East Fork, and the main stem of SLO Creek. Further south, and immediately adjacent to the East Fork, a serpentine ridge rises steeply and forms a backdrop to the project site. The connectivity of this sensitive serpentine grassland to adjacent wetlands and stream channels increases the biological value of both habitat types. He property totals approximately 75 acres; approximately 18 acres of this will be utilized in the restoration project. The farm field has been planted to irrigated row crops including hay and peas for many years, and therefore currently has a low biological value. However, groundwater underlying the property is relatively shallow,ranging from about one to five feet or more seasonally,making an ideal opportunity for wetland and floodplain riparian forest restoration. The channel of the East Fork presents opportunities for riparian channel restoration, while the main stem of SLO Creek provides opportunities to enhance aquatic habitat and fisheries by creating much needed summer pools. Throughout most of its 3,300 foot length within the Ecological Area,the East Fork can best be characterized as a wide and shallow intermittent creek, with a poorly-defined channel. It has a dense cover of annual grasses and weeds, with wetland plants including cattails, bulrushes, sedges, and rushes in wetter portions. The upper and lower portions of the creek have moderately dense groupings of willow trees. The channel itself is topographically only about 2-1 foot lower than the adjacent floodplain throughout most of its length on the property. Because of this topographic situation, flood flows in the East Fork break out of the channel easily, and the natural flood recurrence interval is estimated to be about every 1 to 1.5 years. Portions of the Questa Engineering Corporation 1 20169 Design Memorandum/June 1, 2001 n ATTACHMENT 2 floodplain farm field are partially protected by a low(three feet high) levee, but flows can still cut through or over top the levee at the upper bend with a high frequency, estimated2 to be every two to three years. The main stem of SLO Creek is incised into the floodplain about 12 to 15 feet deep on the property. Based on field evidence and a comparison of recent and historic topographic maps and channel surveys, significant stream bed erosion has occurred along this reach of creek, deepening the channel by some three to four feet. The incision has exposed oil pipes, where stream down-cutting is estimated to be on the order of six feet or more since the 1950's. Although the channel incision has increased the cross-sectional area and flood flow capacity of the creek, it also has had the effect of lowering the water table in the stream- side aquifer. This groundwater interception increases summer base flow in the creek, but makes sustaining creek-side wetlands and riparian habitat more challenging. Creek incision has also destabilized portions of the main channel and tributary streams all along SLO Creek, by making stream banks much higher and steeper than the natural soils are capable of supporting. Such down-cutting of the main channel is now also propagating up the tributary channels, initiating an episode of head-cutting (the creation of stair-step or small waterfall erosion features). Bank sloughing and several stream bottom headcuts occur in the lower 300 feet of the East Fork, where the channel is incised about 8-10 feet. The down-cutting of the East Fork has also exposed the oil and gas pipes that cross the lower part of the channel. Winter and spring groundwater levels in this portion of the faun field have been lowered to four to five feet below ground surface because of the draining effects of the adjacent incised channels. Establishment of a riparian forest will be more difficult here, and creation of groundwater- fed wetland ponds will be more problematic. The Concept Plan for the Filipponi Ecological Area responds to the above physical and biological site conditions and includes the following restoration and enhancement features: • Site grading to create a shallow/wide wetlands swale that would follow the natural flood overflow secondary channel across the farm field. Some 4.2 acres of native grass and grass-like plants (rushes and sedges)would be established within the wetland swale. • Creating two perennial wetland ponds totaling about 0.6 acres at the upper, east end of the ecological area, where groundwater is shallow and occurs year round. In addition, creating two seasonal wetland ponds adding another 0.3 acres, located near the center of the property, where summer groundwater is deeper. • Planting over 5,000 native riparian trees and shrubs on the 8.7-acre floodplain (former) farm field. The restored riparian forest would be irrigated by an overhead sprinkler system until established (about two years).. Questa Engineering Corporation 2 20169 Design Memorandum/June 1, 2001 7 r. ATTACHMENT 2 • Planting willows and cottonwood pole cuttings along the East Fork, creating a 3.9-acre willow woodland. • Using the excess cut from site grading to create a 1.2-acre upland flood escape refugium or mound along South Higuera Street. This better-drained area will also add to the plant community habitat diversity of the ecological area. • Creating a 1.1 acre in-channel floodplain bench or terrace along the lower 300 feet of the East Fork. The eroding banks along the terrace will be stabilized by biotechnical methods, and the bench planted to willows. • Installing two boulder grade control structures on the lower East Fork, to check continued head- cutting channel bottom erosion of the creek. • Installing root wad or boulder clusters in at least three locations downstream of the South Higuera Bridge, to create pools for in-stream habitat enhancement. A total of about 20 acres of enhanced, restored, and newly created perennial and seasonal wetlands and riparian habitat will thus be created by the Filipponi project. Construction costs are estimated to total about $480,000.00. Construction will be staged over two to three years, beginning with grading of the wetlands swale and ponds. The existing levee will be retained for a period of two to three years to protect the swale from potentially erosive out-of-bank flood flows, while the plantings mature. The second phase of the project will involve construction of the in-channel willow terrace and grade control structures, and removal of the levee along the East Fork. The root wads for creation of fisheries pool habitat will also be installed in the second phase. (These will require permitting and will be done in the second year, at the earliest.) Maintenance during the two to three-year establishment period for this site, as with all large, complex restoration and enhancement sites, will require intensive management. It is estimated that a crew of two will be needed 3/4 time for the period March 1 through September 30 during this time period, to weed, replant, and irrigate. Professional oversight, monitoring, and management may require a 15-20%position during this time period. The Land Conservancy of San Luis Obispo County will install and maintain the proj ect. Questa Engineering Corporation 3 20169 Design Memorandum/June 1, 2001 7-7 ACHMEMT 3 SCIEM Pacific Gas and nechic company Land Rights Office 4325 South Higuera Street San Luis Obispo,CA 93400 Meikv Adch . P.O.8m 8592 May 29, 2001 Neil Havlik MAY 3 1 20Q1 City of SLO City 4f S.- 990 990 Palm Street Administras{: :,, San Luis Obispo, CA 93401 RE: Pole Line Relocation at South Higuera Street Bridge Dear Mr. Havlik: Enclosed please find two copies of the proposed easement on City property which we have been discussing. We will be recording the PG&E copy so please have the signatures notarized and return the document in the envelope provided. The copy marked"Grantors Copy" is for your files. If you have any questions,please call me at (805) 546-3887. Sincerely, Michael J. Momber Land Agent L51415 PM 30184248 7�� 62-3111(REV.2-93) AFTER RECORDING, RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY Land Services Office 4325 South Higuera Street San Luis Obispo, CA 93401 Location: City/uninc Recording Fee Document Transfer Tax $ [ I Computed on Full Value of Property Conveyed, or ( I Computed on Full Value Less Liens & FhcL=brances Remaining at Time of sale. signature of declarant or agent determining tax (SPACE ABOVE FOR RECORDER'S USE ONLY) EASEMENT CITY OF SART LUIS OBISPO, a public body of the State of California, hereinafter called first party, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called second party, the right from time to time to construct, reconstruct, install, inspect, maintain, replace, remove, and use facilities of the type hereinafter specified, together with a right of way therefor, within a strip or parcel of land or along a route as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands situate in the County Of San Luis Obispo . State of California, described as follows: (APN 76-061-075, ptn.) The parcels of land conveyed to the City of San Luis Obispo by the deeds recorded as Document No. 00-19356 and in Volume 1708 of Official Records at page 653, both of San Luis Obispo County Records. Said facilities shall consist of: Such poles, aerial wires, cables, electrical conductors with associated crossarms, braces, transformers, anchors, guy wires and cables, fixtures and appurtenances, as second party deems necessary located within the strip of land described as follows: See Exhibits "A" and "B" attached hereto and made a part hereof. Such anchors, guy wires and cables, guy stubs, and fixtures, as second party deems necessary extending outside of said strip of land and installed at such locations as second party shall from time to time deem necessary. First party further grants to and confirms in second party all necessary rights for seccnd party's existing poles and wires located on said lands. PG&E CO. _ COPY 74 62-3112(REV.6/95) SKEET A-I Second party shall also have the right from time to time to trim and to cut down and clear away or otherwise control any and all trees and brush now or hereinafter on said strip or said parcel of land or along said route, as hereinbefore set forth, and shall have the further right from time to time to trim and to cut down and clear away any trees on either side of said strip or said parcel of land or along said route, as hereinbefore set forth, which now or hereafter in the opinion of second party may be a hazard to the facilities installed hereunder by reason of the danger of falling thereon, provided, however, that all trees which second party is hereby authorized to cut and remove, if valuable for timber or wood, shall continue to be the property of first party, but all branches and brush shall be burned or removed by second party. First party shall not erect or construct any building or other structure or drill or operate any well under or within 10 feet of the center line of second party's electrical conductors or within said strip or said parcel of land. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. Dated , 20 CITY OF SAN LUIS OBISPO 5-24-01 MJM/CJM Los Padres Division 0# 6071890 By: PM 30184248 Plat No NN-32-25 Dwg - Exhibit "B" T32S, R12E, MDB&M By: Sec 16, NE 1/4 51415.doc 62-4202 Notary(General)Rev.8/91 STATE OF l CAPACITY CLAIMED BY SIGNER 1 COUNTY OF SS. [ ]Individuals)Signing For Onesed/rhemselves On before me,the undersigned,a Notary Public for said State,personally [ICapwatoOtrkg(s)ofthe Above Named Caporeton(s) appeared [ ]Guardian of the Above Named Individual(s) [ ]personally known to me-OR-[ ]proved to me on the basis of satisfactory evidence to be the person(s)whose [ ]Panner(s)of the Above Named Partnership(s) names)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or [ 1 Attorney(s)4n-Fact of the Above Named Principal(s) the entity upon behalf of which the person(s)acted,executed the instrument. [ j Trustee(s)of the Above Named Trust(s) WITNESS my hand and official seal. [ ]other Signature EXHIBIT "A" A strip of land being a portion of Government Lot 1 in Section 16 of Township 31 South, Range 12 East, M.D.B.&M., and being a portion of that parcel conveyed to the City of San Luis Obispo by the deed recorded in Volume 1708, Page 653 of Official Records of the County of San Luis Obispo, State of California, 10 feet in width, lying 5 feet each side of a line more particularly described as follows: Beginning at a point which bears South 63048'58" West, 381.99 feet from a found 1/2" rebar tagged P.E. 21807 lying on the southeasterly right of way of South Higuera Street and shown as the point of intersection of said right of way with the southerly boundary of Parcel 2 of COAL-79-218 recorded in Book 31 at page 35 of Parcel Maps of said county; thence, South 27°26'13" West, 247.65 feet; thence, South 41 °07'35"West, 362.41 feet to a point which bears South 46°25'58"West, 959.56 feet from said 1/2" rebar. V:\DESIGN\DR\ExhibitA.dsc.kjs.dr �ID LAN SG � O 7C 9� ��{ cA��F°P N018(3'V4d60:LZ:ZOLOOZ/9L/9r' IIHX3INWS9'6mP'INWSMVd3noii4ui=iounnsiO3rOudF0 COPl- A C4 0 cip I r l , � M _ Ir i OW 1 I LLJ it 1 60 0 Gi 0 0 m >4 0 U 0 12 . 41 %.AND a 0 'k; P 171 ul 6 co ko co 0 IL p4 I LLI OL Filipponi Ecological Area - Background 1996: Property identified as a good potential mitigation site, and discussed as such in Water Reuse Project EIR; family is supportive of sale concept 1997: Council authorizes grant applications to State to assist with acquisition i 1998: City awarded $353,000 in grant support for project f i I Filipponi Ecological Area — Background 1999: City reaches formal agreement with landowner to acquire 74 acres of 94 acre site; lot line adjustment process commences 2000: City acquires property; approves "three-party agreement" which permits County to use a portion of site for mitigation for Airport runway expansion; City and Land Conservancy select consultant for restoration plan; Council retains the right to approve the plan; restoration plan begun i 2001 : Plan goes to City Council for consideration; initial restoration activities set to begin in summer Filipponi Ecological Area — Financial Overview Purchase Price: $5759000* State Grant Funds: $3535000* Water Reuse Project CIP $175,000* "T-K" Open Space Impact Fees: $47,000* Closing Costs $151000* Water Reuse Project CIP $159000* a Filipponi Ecological Area - Financial Overview Plan Development $509000* Water Reuse Project CIP $10,000* Airport Mitigation Funds $309000* Other $109000* i Construction/Maintenance $600,000 est. Water Reuse Project CIP $100,000 est. I Airport Mitigation Funds $250,000 est. Other Grant Funds $250,000 est. Filipponi Ecological Area - Financial Overview i Estimated Project Total $1 ,240,000 I City CIP Funds $300,000 Other Agency Funds $9409000 I No General Fund Monies Used i I 3