HomeMy WebLinkAbout10/03/2006, C6 - APPROVAL OF IN-LIEU FEE AGREEMENT NUMBER TWO BETWEEN THE COUNTY OF SAN LUIS OBISPO, CITY OF SAN LUI council Kwft°m
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C I T Y OF SAN LUIS O B I S P O
FROM: Shelly Stanwyck,Assistant City Administrative Officer
Prepared By: Neil Havlik, Natural Resources Manager
SUBJECT: APPROVAL OF IN-LIEU FEE AGREEMENT NUMBER TWO
BETWEEN THE COUNTY OF SAN LUIS OBISPO, CITY OF SAN
LUIS OBISPO,AND LAND CONSERVANCY OF SAN LUIS
OBISPO COUNTY TO FACILITATE COMPENSATORY
MITIGATION EFFORTS AS A RESULT OF THE SAN LUIS
OBISPO COUNTY REGIONAL AIRPORT RUNWAY 11-29
EXTENSION PROJECT
CAO RECOMMENDATION
Approve the Agreement between the City of San Luis Obispo, County of San Luis Obispo, and
Land Conservancy of San Luis Obispo County regarding use of the City-owned Filipponi
Ecological Area for mitigation purposes, subject to non-substantive changes approved by the City
Attorney,and authorize the Mayor to sign the Agreement.
DISCUSSION
In August 2000, the City of San Luis Obispo entered into an "In-Lieu Fee" Agreement with the
County of San Luis Obispo and the Land Conservancy of San Luis Obispo County to provide
funds to support a comprehensive restoration plan for the Filipponi Ecological Area and begin
certain mitigation activities there. The mitigation was to compensate for the loss of a reach of
riparian habitat caused by southward extension of Runway 11/29 (the main runway) at the
County Airport. The restoration plan was approved by the City Council in 2001, and restoration
work began the following year. Since that time, additional restoration work has been undertaken
on the property, providing mitigation for several projects in the City. (Note: the term "In-Lieu
Fee" refers to.the fact that the mitigations are required by the U. S. Army Corps of Engineers,
and that the Corps is-accepting payment of monies to the Land Conservancy "in lied' of the
County undertaking the mitigation itself, thus allowing the Airport runway project to proceed.)
Recently, as part of a new project to again extend the main runway of the San Luis Obispo
County Regional Airport (this time to the north), City staff were approached by County staff
regarding the initiation of a new mitigation project at the Filipponi Ecological Area, which would
mitigate for certain impacts of the runway extension project on nearby riparian habitat and would
be consistent with the restoration plan approved in 2001. As was the case with the earlier County
project, the Land Conservancy of San Luis Obispo County would oversee the actual restoration
work with County funds, and with occasional minor support from City Natural Resources
Program staff. The project would entail creation of approximately 1.2 acres of new seasonal
wetland and riparian habitat. The Agreement is modeled directly after the agreement from 2000
and for that reason is called"In-Lieu Agreement Number Two".
Council Agenda Report—In-Lieu Fee Agreement
Page 2
FISCAL IMPACT
Fiscal impact of this agreement will be positive in that it will provide funding for activities
consistent with a Council-adopted restoration plan, and will support efforts to continue
restoration of the property's riparian habitats. It will also permit continued improvements to the
County Airport for which the City Council is on record as being in support of, as the Airport
provides significant financial benefit to the City. There will be no direct cost to the City for this
project or for its maintenance.
ALTERNATIVE
The City Council could'reject the Agreement. This is not recommended as it would not be
consistent with the stated goals of the Council regarding the Filipponi Ecological Area.
Attachments
1. Draft In-Lieu Fee Agreement
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ATTACHMENT I
IN-LIEU FEE AGREEMENT NUMBER TWO
TO FACILITATE THE COMPENSATORY MITIGATION EFFORTS
This Agreement is between the County of San Luis Obispo, ("County"), the City
of San Luis Obispo, ("City"), and the Land Conservancy of San Luis Obispo County,
("Land Conservancy"), and shall be the second of two in-lieu fee agreements between the
parties, the first of which was executed on August 1, 2000.
WHEREAS, the County is the owner of the San Luis Obispo County Airport; and
WHEREAS, the Airport Master Plan Update, which was approved by the San
Luis Obispo County Board of Supervisors on May 23, 2006, included approval to extend
Runway 11/29 an additional 800 feet; and
WHEREAS, the County has applied for and received Federal Aviation
Administration ("FAA") grant monies for the runway extension project; and
WHEREAS, pursuant to the Grant Agreement between the FAA and the County,
Project No. 3-06-0228-32, Contract No. DTFA08-06-C-31799 dated August 9, 2006, the
FAA has approved the extension project and specifically directed that the County to
comply with all conditions of the Department of the Army Nationwide Permit Section
404; and
WHEREAS, the Project Application specifically directs that the County shall be
responsible for wetlands mitigation, including wetlands replacement and/or acquisition;
and
WHEREAS, Grant Agreements of Project obligate the County to complete said
mitigation; and
WHEREAS, U.S. Army Corps of Engineers ("Corps") Permit for San Luis
Obispo County Runway 11/29 Extension Project (CORPS File 200400159-BAH)
includes under Special Conditions, 9, that the County, as permittee, "shall mitigate for
permanent impacts to riparian and wetland habitats by implementation of the Filipponi
Ecological Area Airport Mitigation II, Seasonal Wetland Enhancement Proposal
(Appendix B), dated March 15, 2006, submitted with the permit application for the San
Luis Obispo County Regional Airport (SBP) Runway 11 Extension Project, dated April
14, 2005"; and
WHEREAS, this agreement provides funding to the Land Conservancy for the
purpose of implementing the Seasonal Wetland Enhancement Proposal, which shall
fulfill the compensatory mitigation measures required by the Corps Permit No.
200400259-BAH for 1.2 acres of land; and
WHEREAS, in addition to the assurance of mitigation compliance pledged to the
aforementioned agencies by the County, the County is obligated to implement the
mitigation measures adopted by the County as part of the Findings on the Environmental
ATTACHMENT
Impact Report ("EIR") which was concluded and accepted by the San Luis Obispo
County Board of Supervisors on May 23, 2006; and
WHEREAS, the Findings are legally binding under the California Environmental
Quality Act ("CEQA") and the County has prepared a Mitigation Monitoring Reporting
Program ("MMRP") to assure the implementation of adopted mitigation measures; and
WHEREAS, the mitigation requirements as deemed necessary by the Corps
require that wetland replacement/acquisition occur within a specific area and within
specific parameters of the disturbed area; and
WHEREAS, the City has purchased property which consists of approximately 74 _
acres described in (Exhibit "A") (the Site) for the purpose of providing open space and
habitat restoration, and which adheres to the Corps specified parameters detailed in the
County's required mitigation obligations; and
WHEREAS, the City has indicated a willingness to permit the County to utilize a
1.2 acre portion of the Site for mitigation purposes; and
WHEREAS, the City has authorized the Land Conservancy to prepare and
oversee implementation of the Restoration Plan and provide maintenance of the project
on the Site under a professional services contract dated July 1999; and
WHEREAS, the County desires to implement mitigation measures as required by
the Corps, by funding the implementation of the Plan for a portion of the Site that will be
performed by the Land Conservancy and approved by the City on land owned by the
City. County compensatory mitigation obligations shall include the off-site mitigation
and compensation of 1.2 acres for the loss and/or disturbance of riparian and wetland
habitat associated with the East Fork of San Luis Obispo Creek, including the habitat of
the California red-legged frog and the Southwestern pond turtle;and
WHEREAS, the County shall provide a commitment of$ 5,234 for the purpose
of funding the mitigation, restoration and maintenance by the Land Conservancy of 1.2
acres of the Site.
NOW THEREFORE, in consideration of the mutual promises, covenants,
agreements and conditions herein set forth, County, City and Land Conservancy,
mutually covenant and agree as follows:
1. The City agrees to provide 1.2 acres within the Site necessary for the
County to meet the compensatory mitigation measures as required by the
Corps.
2. Upon execution of this agreement by the San Luis Obispo County Board
of Supervisors, the County shall within 10 days deliver a check in the
amount of $55,234 to the Land Conservancy, for the purpose of funding
restoration and maintenance of a 1.2 acre portion of the Site. The Land
Conservancy shall place said amount in a separate interest bearing account
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- ATTACHMENT 1
that shall be restricted by this agreement. The Land Conservancy shall,
refund to the County within 90 days of acceptance of the final monitoring
report, the difference between the account including accrued interest and
the total cost of implementing the Restoration Plan on 1.2 acres. This
amount shall completely satisfy the mitigation measures and obligations of
the County required by the Corps, as stated in the "Filipponi Ecological
Area Airport Mitigation II" Seasonal Wetland Enhancement Proposal
dated March 15, 2006.
3. In-lieu Fee funds shall be used solely for activities directly related to
aquatic habitat restoration, enhancement of creation, to include exclusively
the following activities: development of mitigation and monitoring plans;
permit fees; implementation of mitigation and monitoring plans;
administrative costs; and long-term management of the 1.2 acres.
Administrative costs shall be limited to a maximum of ten (10%) percent.
Administrative costs include, but are not limited to, bookkeeping, mailing
expenses, printing, office supplies, bank fees, training, travel, and staff
time directly related to supporting these expenses and similar activities.
Administrative costs do not include mitigation plan development project
monitoring, purchasing of property/easements/water rights, permit fees, or
long term management.
4. The Land Conservancy shall maintain accurate records for expenditure of
In-lieu Fee funds and documentation of restored areas, including the date
restoration work began, the total number of acres restored, and all annual
monitoring reports. The Land Conservancy shall provide the Corps and
County with an annual financial report containing a detailed accounting of
how all monies from the In-lieu Fee funds were expended during the
preceding year. This report shall be submitted to the Corps and copied to
the County by September I" of each year.
5. Upon acceptance of the Seasonal Wetland Enhancement Proposal by the
Corps and the City, the Land Conservancy shall provide a detailed
schedule including anticipated time lines for development. and
implementation of the Proposal. The acceptable date for the
commencement of planting shall not exceed one year past commencement
of earthmoving activities associated with the San Luis Obispo County
Airport Runway 11/29 Extension Project.
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6. The Land Conservancy shall be responsible for monitoring, and shall
provide annual monitoring reports to the Corps and copied to the County
for a minimum of five (5) years from the date of initiation of restoration
work. The monitoring reports shall be prepared by a qualified restoration
ecologist with experience in San Luis Obispo County ecosystems. The
annual monitoring reports shall, at a minimum, include the following
information: documentation of relative success of restoration effort at
meeting annual performance criteria, recommended contingency measures
and photographs taken from designated photo stations.
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ATTACHMENT t
7. This agreement shall become effective on the date of signature by all
parties. The San Luis Obispo County Board of Supervisors shall sign last.
Any party to this agreement may terminate the agreement upon 60 days of
written notification to the other parties. However, upon termination of this
agreement, notification will be provided to the Corps by the County, who
shall then determine whether any modifications to Permit.No. 200400159-
BAH is warranted.
8. Without written approval by the Corps, the Land Conservancy shall not be
relieved of its obligations under this agreement to complete restoration and
maintain any portion of the 1.2 acres where restoration has been initiated
or for which some funds have already been expended. Provided, however,
this agreement is terminated by any party under paragraph 11, the Land
Conservancy shall be relieved of obligations to continue with restoration.
County agrees to pay for all continuing costs for maintenance and
monitoring all or that portion of the 1.2 acres site for which construction
has been completed. If the agreement is terminated by any party pursuant
to paragraph 11, any unused funds maintained by the Land Conservancy in
the account established pursuant to paragraph 5 .shall be provided to the
Corps or to an entity designated in writing by the Corps, and used for
implementation, maintenance and monitoring of the remainder of the 1.2
acre site that had not been restored at the date of cancellation.
9. The County, the City and the Land Conservancy agree that these measures
are in the best interest of all parties involved and agree to be bound by the
obligations.
/////NOTHING FURTHER PAST THIS POINT EXCEPT SIGNATURES/////
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ATTACHMENT I
IN WINTESS THEREOF, the parties hereto have executed this agreement,
and this agreement shall become effective on the date shown signed by the County of San
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Luis Obispo.
COUNTY OF SAN LUIS OBISPO LAND CONSERVANCY AN LUIS
OBISPO COUNTY
By: By:
Chairperson of the Board , ecurve Director and
Secretary to the Board of Trustees
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Authorized by Board action on: Authorized by Board action on:
2006 2006
ATTEST: CITY OF SAN LUIS OBISPO
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By:
Clerk of the Board of Supervisors
By: ATTEST:
Deputy Clerk
APPROVED AS TO FORM AND LEGAL City Clerk
EFFECT-
APPROVED AS TO FORM:
JAMES B. LINDHOLM, JR.
County Counsel City Attorney
By: By: _ -
Deputy ountyCounsel
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Date: ��► j Q D Date: �5=Y�7_ 2i
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CITY OF SAN LUIS OBISPO
RLIPPONI EC®L®(TA
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EXHIBIT HAn
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Filipponi Ecological Area Airport Mitigation II
Seasonal Wetland Enhancement Proposal
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Prepared by:
The Land Conservancy
of San Luis Obispo County
On Behalf of-.
San Luis Obispo County Regional Airport
ESA Consultants
March 15, 2006
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road. High flows from East Fork enter the floodplain swale 400 ft upstream of the site.
Much of the area is inundated by high flows during floods (Figure 2). On Site 2, the
levee separating the channel from the swale is eroded each time flows overtop the banks
(Figures 3 and 4). The soil of the area is sandy clay loam that is very poorly drained.
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Figure 2. Portions of Site 1 inundated during high flows in 2004.
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Figure 3.Erosion on the levee near the entrance to the floodplain Swale on Site 2.
Page 3 of 8
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Figure 4.View of project sites downstream of levee,adjacent to the floodplain swale.
Project Description
The project will include the construction of one large pond and a few small
ponds/depressions in the high ground located south of the small drainage and associated
wetland, and in the floodplain of East Fork, known as Site 1. The existing wetland will
remain isolated from the floodplain as to prevent dewatering it(the road will remain in
place). The new pond will collect minimal seepage from the small drainage and will
receive larger flows when the East Fork floods and enters the floodplain swale. The
depressions will be graded properly to accept portions of the flood flows and retain those
flows in the pond, however larger flows will access a new outlet swale and return to the
main floodplain swale (Figure 5). The area will be planted with wetland specific species
that have colonized other areas of the site. Juncus species will be divided from local
plants onsite when possible and Salix material will be harvested from mature plants in the
East Fork. Nursery raised stock of other species will be ordered and planted when
necessary. The strips of higher land surrounding the pond will be seeded with native
grasses and planted with nursery stock to form a habitat buffer and provide weed
suppression.
Page 4 of 8
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Figure 5.Conceptual project layout for large pond on Site 1.
On Site 2 the eroded portion of the levee will be lowered slightly, stabilized, and
revegetated. A low berm will be constructed downstream(Figure 6)to slow velocities
and encourage ponding. See Figures 7 and 8 for another aerial perspective of the project
sites.
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Figure 6.Conceptual layout for Levee reduction and floodplain improvements on Site 2.
Page 5 of 8
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Existing\�eflaa7rDrainage
Floodpkiin Swale
Figure 7.Proposed project sites,view facing upstream to the east/northeast.
Figure 8.Proposed project sites,view facing west/southwest.
Maintenance and Monitoring
For 3 years following project implementation the site will be maintained to promote the
development of a sustainable and healthy wetland. This will include irrigating for the
first year and replacing plants and weeding as necessary for 3 years to ensure success.
Short-term, informal monitoring will consist of site visits following rain events to
observe project performance and to direct plant replacement efforts if they are warranted.
Long-term monitoring will consist of annual monitoring events over a 5-year period. A
wetland delineation at the end of the 5-year period will determine the extent to which a
seasonal wetland has been effectively developed.
Page 6 of 8
Project Cost
The budget for this project includes costs for planning, installation,monitoring, and
maintenance. Heavy equipment will be required for the work associated with
constructing the pond and depressions at Site 1, and the reduction of the levee and
construction of the berm at Site 2. Other expenses include costs for purchasing and
installing plants and seed, as well as the cost of purchasing straw for erosion control on
all disturbed sites. Maintenance costs include labor to irrigate the site for the first year of
plant establishment and for purchasing and installing replacement plants as necessary.
The irrigation pipe will be recycled from a former project. Thus, the only materials cost
related to 'irrigation will be some replacement connectors and fuel for the water pump.
The 1.2 acre project is estimated to cost$55,234.00.
Page 7 of 8
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