Loading...
HomeMy WebLinkAbout02/19/1991, C-5 - CREEK DIVERSION CONSULTANT RESOLUTION NO. A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL AUTHORIZING CONSULTANT SELECTION AND AGREEMENT FOR THE HANSEN AND GULARTE CREEKS DIVERSION ENVIRONMENTAL IMPACT REPORT WHEREAS, the City Council has directed staff to proceed with work on the diversion of Hansen Creek and Gularte Creek to supplement city water supply; and WHEREAS, staff has negotiated an agreement with Tenera Environmental Services for preparation of an environmental impact report in compliance with state and city requirements. NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. The certain agreement, attached hereto marked Exhibit "1" and incorporated herein by reference, between the City and Tenera Environmental Services is hereby approved and the Mayor is authorized to execute the same. SECTION 2 . The City Finance Director shall transfer and encumber $15,000 from the Water Fund (Groundwater Phase 3) to Account No. 050-9744-092-570 for consultant services and related expenses. SECTION 3 . The City Clerk shall furnish a copy of this resolution and a copy of the executed consultant's agreement approved by it to the Finance Director, the Community Development Director, and Tenera Environmental Services. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 1991. Mayor ATTEST: City Clerk Resolution No. APPROVED: City dministrative Officer t tt ne Al Fi n Director Community Deve Ment Director A P--� Utilities Director gmD: crks-cc.wp EIGiIBIT 1 CONSULTANT SERVICES AGREEMENT This agreement, made this 6th day of February 1991, by and between the CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City") , and TENERA Environmental Services, (hereinafter referred to as "Consultant") . WITNESSETH: WHEREAS, City desires to retain certain services in conjunction with environmental review for the diversion of Hansen Creek and Gularte Creek for city water supply. The services being provided by Consultant under this contract are preparation of draft and final environmental impacts reports pursuant to C.E.Q.A and the city's Environmental Guidelines; and WHEREAS, City desires to engage Consultant to provide services by reason of its qualifications and experience for performing such services, and Consultant has offered to provide the required services on the terms and in the manner set forth herein. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. PROJECT COORDINATION a. City. The Community Development Director shall be the representative of the city for all purposes under this agreement. The director, or his designated representative, Glen Matteson, .Associate Planner, hereby is designated as the Project Manager for the City. He shall supervise the progress and execution of this agreement. b. Consultant. Consultant shall assign a single Project Manager to have overall responsibility for the progress and execution of this agreement for Consultant. Barbara Russell is hereby designated as the Project Manager for Consultant. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Manager for any reason, the Project Manager designee shall be subject to the prior written acceptance and approval of City's project manager. Consultant's Project Team is further described in Exhibit "A" attached hereto and incorporated herein by this reference. The individuals identified and the positions held as described in Exhibit "A" shall not be changed except by prior approval of City. Consultant Services Agreement 2 Creeks Diversion EIR 2 . DUTIES OF CONSULTANT a. Services to be furnished. Consultant shall provide all specified services as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. b. QgAlitXJZontrol. All instruments of service shall reflect high standards of professional research, analysis, and written and graphic communication. City's project manager' shall be responsible for evaluating quality of work and for the issuance of consultant payments upon satisfactory delivery, completion, and city acceptance of work. C. Laws to be observed. Consultant shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Consultant under this agreement; (2) Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in Consultant's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above. (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. d. Release of reports and information. Any reports, information, data, or other material given to, or prepared or assembled by, Consultant under this agreement shall be the property of City and shall not be made available to any individual or organization by Consultant without the prior written approval of the City's Project Manager. r Consultant Services Agreement 3 Creeks Diversion EIR e. Copies of reports and information. If City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the services under this agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating such copies at Consultant's direct expense. 3 . DUTIES OF CITY City agrees to cooperate with Consultant and to perform that work described in Exhibit "A" attached hereto and incorporated by this reference. 4 . COMPENSATION The Consultant will perform the work in phases as described in Exhibit "A" . Consultant will bill City on a time and material basis upon completion of the identified phases. City will pay invoices according to its normal accounts payable schedule, generally within 30 days of receipt. The Consultant may not charge more than the amount shown in Exhibit "A" without prior approval of the City's Project Manager. 5. TIME FOR COMPLETION OF THE WORK Program scheduling shall follow the attached Exhibit "A" unless revisions are approved by the City's Project Manager and Consultant. Time extensions may be allowed for delays caused by City, other governmental agencies, or factors not directly brought about by the negligence or lack of due care on the part of the Consultant. 6. TEMPORARY SUSPENSION The Community Development Director shall have the authority to suspend this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this agreement. Consultant will be paid the compensation due and payable to the date of temporary suspension. C-s- � Consultant Services Agreement 4 Creeks Diversion EIR 7. SUSPENSION: TERMINATION a. Right to suspend or terminate. The city retains the right to terminate this agreement for any reason by notifying Consultant in writing seven days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of Consultant, City shall be obligated to compensate Consultant only for that portion of Consultant services which are of benefit to City. Said compensation is to be arrived at by mutual agreement of the City and Consultant and should they fail to agree, then an independent arbitrator is to be appointed and his decision shall be binding upon the parties. b. Return of materials. Upon such termination, Consultant shall turn over to the City immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant, and for which Consultant has received reasonable compensation, or given to Consultant in connection with this agreement. Such materials shall become the permanent property of City. Consultant, however, shall not be liable for City's use of incomplete materials or for City's use of complete documents if used for other than the project contemplated by this agreement. 8. INSPECTION Consultant shall furnish city with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the City's Project Manager's inspection and approval. The inspection of such work shall not relieve Consent of any of its obligations to fulfill its agreement as prescribed. 9. OWNERSHIP OF MATERIALS All original drawings, plan documents and other materials prepared by or in possession of Consultant pursuant to this agreement shall become the permanent property of the City, and shall be delivered to the City upon demand. Consultant Services Agreement 5 Creeks Diversion EIR 10. INDEPENDENT JUDGMENT Failure of City to agree with Consultant's independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of differences in matters of judgment shall not be construed as a failure on the part of Consultant to meet the requirements of this agreement. 11. ASSIGNMENT: SUBCONTRACTORS• EMPLOYEES This agreement is for the performance of professional consulting services of the Consultant and is not assignable by the Consultant without prior consent of the City in writing. The Consultant may employ other specialists to perform special services as required with prior approval by the City. 12. NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addressed as follows: Glenn Matteson To City: Community Development Department City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403-8100 To Consultant: Tenera Environmental Services 586 Higuera Street - Suite 200 San Luis Obispo, CA 93401 13 . INTEREST OF CONSULTANT Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. Consultant certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. It is expressly agreed that, in the performance of the services hereunder, Consultant shall at all times be deemed an independent contractor and not an agent or employee of City. C-S �V Consultant Services Agreement 6 Creeks Diversion EIR 14 . INDEMNITY Consultant hereby agrees to indemnify and save harmless City, its officers, agents and employees of and from: a. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; b. Any and all damage to or destruction of the property of City, its officers, agents, or employees occupied or used by or in the care, custody, or control of Consultant, or in proximity to the site of Consultant's work, caused by any negligent act or omission of Consultant under this agreement or of Consultant's employees or agents; C. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Consultant under this agreement, however caused, excepting Soret however, any such claims and demands which arerthe-s+'� / result of the negligence or willful misconduct of City, its officers, agents, or employees; d. Any and all claims and demands which may be made against city, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the sue of any apparatus, appliance, or materials furnished by Consultant under this agreement; and e. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Consultant. Consultant, at its own costs, expense, and risks, shall defend any and all suits, actions, or other legal proceedings that may be brought against or for employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action or other legal proceeding, when same were due to negligence of 6-!57 Consultant Services Agreement 7 Creeks Diversion EIR the Consultant. 15. WORKERS COMPENSATION Consultant certifies that it is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 16. INSURANCE The Consultant shall provide proof of comprehensive general liability insurance ($500,000) (including automobile)Qafed- ITIAL 17. AGREEMENT BINDING The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 18. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach of violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 19. COSTS AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. C _s_�a Consultant Services Agreement g Creeks Diversion EIR 20. DISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. If Consultant is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum of Twenty- five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If Consultant is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, Consultant shall be found in material breach of the agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Consultant the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which Consultant is found to have been in such noncompliance as damages for said breach of contract, or both. 21. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Consultant. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. Consultant Services Agreement 9 Creeks Diversion EIR IN WITNESS WHEREOF, City and Consultant have executed this agreement the date first above written. CONSULTANT By Senior Vidd President 2-6-91 . CITY OF SAN LUIS OBISPO 1 By 'Mayor gmD:contract.wp 050-9744-092-570 G�7 �� Proposed Scope of Work The work scope proposed for this project consists of the components identified as Tasks 1 through 9 below. It is intended to provide the City with a focussed EIR which deals specifically with three issues: • The quality of fish and wildlife habitat; • The net amount of water available for human use; and • The aesthetic quality of private and public open space areas along the creek, including Mission Plaza in downtown San Luis Obispo. It is TENERA's understanding that the document (focussed EIR)will be appended to the Initial Environmental Studies report (dated November 21, 1991)previously completed for the project by City Planning staff. Diversion from specific points on Hansen and Gularte Creeks will potentially impact long stretches of the riparian corridors downstream. Therefore, for the purpose of this EIR it is important to define what will be the geographical extent, or boundaries of the study area. The area of impact obviously begins at the point of diversion for both creeks, however the geographical distance downstream is difficult to gauge. While exhaustive field surveys may provide better definition of impact boundaries, they are clearly beyond the scope of this project. Therefore, biological field surveys will be limited to selected locations found from the point of diversion downstream to downtown San Luis Obispo. At a minimum, however, the sites survey areas will include: 1) the points of diversion; 2) the proposed treatment facility (and surrounding area); 3) downtown Mission Plaza area; and 4) at least three additional sites along the stream course. These additional sites will be chosen on the basis of important changes observed in either habitat type (associated primarily with changes in elevation or topography) or the presence of other water features (such as springs or seeps). Consistent with the Request for Proposals (dated January 8, 1991), TENERA is proposing to allocate the work scope into the following tasks: Task 1: Conduct an orientation meeting and initial site visit; Task 2: Review available documentation which is specifically relevant to the environmental, hydrological, and aesthetic issues related to this EIR. Task 3: Conduct field fishery,botanical,wildlife, and instream flow surveys within the study area boundaries. Task 4: Consult with individuals from the regulatory,public, and academic sectors who can provide additional insight relative to the environmental resources associated with Hansen, Gularte, and San Luis Obispo Creeks. Task 5: Assess project impacts and recommend mitigation strategies. Task 6: Evaluate available project alternatives. Task 7: Prepare administrative and public review drafts of the EIR. SLO Creek Diversion-EIR Proposa4 Rev.1 1 EXRtStT Task 8: Provide support during public presentations. Task 9: Incorporate public comments into the final EIR and submit the final EIR as scheduled. Task 1 - Orientation Meeting: Upon contract approval, and prior to conducting the field surveys (Task 3),TENERA proposes conducting an initial site visit and orientation meeting to provide the consultants an opportunity to meet City staff responsible for administering this project. The site visit will permit the identification of study area access points, inspection of the existing stream diversion structures, associated pipeline, and the reservoir area where the treatment facility is proposed. The meeting will afford the opportunity to resolve any scheduling conflicts, confirm project objectives and deliverables, and to discuss any outstanding questions or concerns relative to this proposal. Task 2 -Document Review: A review of the existing background information on fishery,wildlife, and botanical resources for the project area will be conducted. TENERA has previously conducted extensive literature reviews as part of other past and ongoing projects which will be useful in evaluating biological impacts associated with this project. For example, among its past research efforts, extensive reviews on steelhead life history, ecology, and water depth/flow relationships necessary for fish passage, have been conducted and can be utilized for the purpose of fulfilling the information requirements of this EIR. In addition, the project consultants have compiled and reviewed numerous scientific documents pertaining to the importance of wetlands and riparian habitats from an ecological perspective. Background information on the regional status of birds, mammals, and amphibians indigenous to the study area will be assimilated to augment the field surveys described in Task 3. Specific material addressing listed, candidate, and other species of concern, such as the CDFG Natural Diversity Data Base,will be included in the review. Previous EIRs will be reviewed for those central coast projects which are likely to contain information on the botanical and wildlife resources one would expect to find within the riparian corridors supported by Hansen, Gularte, and San Luis Obispo Creeks. These reports are proposed for review because given the timing in which the proposed field surveys will occur(February) in combination with present drought conditions, it is likely that some species indigenous to the area will not be observed (for example, certain plant species which may be dormant or not readily identifiable). TENERA will request species diversity data from the California Department of Fish and Game (CDFG) Natural Heritage Division. Results obtained from this data request will be submitted as part of the draft and final EIRs. This element of the work scope also includes a review and compilation of a variety of miscellaneous documents which may be helpful in assessing historical and present biological resources along the three creeks. For example, CDFG archives a number of internal administrative reports which may prove useful to the project. Task 3-Field Investigations: The field survey aspect of this program has been divided into four discrete subtasks as follows: fishery investigations,vegetation SL Creek Diversion-EIR Proposal Rev.1 2 surveys,wildlife surveys (avian, mammal, and amphibian), and instream flow measurements. Further discussion of each element is provided below. Fisheries: qualitative field surveys will be conducted along the study area to assess existing fishery resources. Observations will include notes on the fish species present in the aquatic community and various physical parameters which characterize the stream habitat. The physical parameters noted will include such components as water quality(dissolved oxygen, turbidity, and temperature), stream bed substrate types (gravels, fines), and stream bed profiling. Observations made during the survey will also include other factors which are important to sustaining or enhancing healthy populations of selected fish species in the creek, such as the relative abundance of prey items (macroinvertebrates and aquatic insects). Vegetation: The vegetation survey on the study site will be accomplished by walking over the study site. Qualitative estimates of coverage for dominant plant communities (riparian, oak woodland, grassland)will be assessed. Relative abundance of vascular plant species associated with the various habitat types observed during field survey will be recorded and mapped. Important biological resources and habitats will be noted on site maps. Wildlife: a field reconnaissance survey will be conducted to compile a species inventory and qualitatively determine the relative abundance of the species encountered. Features of particular significance, such as raptor roost and nest sites, critical foraging areas, dispersal corridors, and denning sites,will be indicated on site topographic maps. In assessing the various habitat types observed at the site, consideration will be given to the likelihood of the utilization by species of special interest which may not be observed during the limited field effort. Instream flow: To quantitatively assess the contribution of water to San Luis Obispo Creek from other sources besides Hansen and Gularte Creeks (ie., springs, resurfaced groundwater, and/or other tributaries) during the present drought conditions, TENERA proposes conducting a limited number of instream flow measurements to recorded flows at various locations downstream of the diversions. Approximately six sites (2 upstream and-4 downstream of the diversions)will be selected to conduct such stream flow measurements (cfs). Consideration will be given to the ease of access and ability to collect reliable flow data. At each location, flows will be determined either by using a V-notch weir design or by timing the flow while utilizing containers of known volume. In the event that a major rain event should occur and creek flows exceed 1 cfs, it may be possible to employ USFWS stream flow techniques to estimate creek flows. As part of the administration of the field program,TENERA will take photographs as appropriate to document flow and other biologically relevant conditions during the field surveys. If appropriate, and at the discretion of the City of San Luis Obispo, photographs may be included in written report documentation or used in support of public presentations. In any case, photographs will be provided to the City for their future reference. Task 4-Interviews. Interviews will be conducted with individuals representing a variety of interest groups, including authorities in those fields key to this project SLO Creek Diversion-EIR Proposal, Rev.1 3 e -r� (terrestrial and aquatic biology) to solicit input on the types of impacts that would likely result from project implementation. These interviews will hopefully provide valuable insight to augment information compiled from the available literature and from observations made during field investigations. Local biologists with expertise in the status and distribution of sensitive biological resources will include representatives from the California Department of Fish and Game, Cal Poly State University, U. S. Fish and Wildlife Service, and the California Native Plant Society. City and county authorities on water supply will be consulted to discuss the net amount of water available for human use, given the intermittent nature of stream flows characteristic in the upstream reach of San Luis Obispo Creek as well and Hansen and Gularte Creeks. Nearby property owners to the diversion and water treatment sites will be interviewed so that important observations which they may have with respect to the project can be documented. Such observations might include historical sitings of various wildlife species in the area, short and long term changes in the abundance of fish and wildlife, and/or important comments about surface water flows prior to 1976 when creek diversions were discontinued by the City. Interviews with individuals who represent the downtown business community, such as business owners, or representatives from the Chamber of Commerce and Business Improvement Association,will be consulted so that they may provide insight on the aesthetic appeal provided by the creek. A limited number of interviews will be conducted with individuals encountered relaxing along the creek. Task S -Assess Project Impacts and Mitigation Strategies: This task provides a link between the field investigations (Task 3), compilation of related biological information (Task 2), and interviews (Task 4). Pursuant to recent state legislation (AB 3180), recommendations for specific mitigation, monitoring, and reporting requirements will be proposed. In conjunction with the creek diversions, the City is considering the withdrawal of additional water from the Firing Range Well. An assessment of project impacts will include consideration of cumulative impacts created by this additional well withdrawal. A review of successful mitigation strategies will provide the basis for these recommendations, and will be augmented by site-specific adaptations as necessary. Mitigation measures for potential impacts will be identified and may include such measures as off-site/in-kind habitat enhancement. Task 6 - Evaluation of Altematives. Upon completion of the assessment of biological impacts and development of mitigation programs for the.proposed project, an analysis of project alternatives on vegetation,wildlife, and fishery resources will be completed. Specific biological impacts identified for the proposed project can be used as a basis of comparison with project alternatives. In addition to addressing the impacts associated with the alternatives, the evaluation will discuss the types of mitigation which may be required for those alternative projects. Task 7-Draft EIR TENERA will integrate the results from the above tasks into a focused draft administrative Environmental Impact Report. The EIR will be in accordance with the requirements of the California Environmental Quality Act (CEQA) and its guidelines, however the documentation will be limited to the biological, hydrological and aesthic issues of the proposed project. Maps, photographs, tables, and figures will be used as appropriate to summarize and illustrate existing environmental resources and to portray anticipated impacts. SLO Creek Diversion-EIR Proposal, Rev.1 4 L ,S �'V The report will contain a list of fish,wildlife, and plant species observed within the study area. Species not observed but likely to occur will be indicated. Particular focus will be given to species classified as rare, endangered, or threatened, and the plant habitats which are considered sensitive, or otherwise unique. Narrative descriptions of each plant community and wildlife habitat found in the study area will be provided. Rare plant and animal species and others of particular concern, such as those which may be known to be declining in the region (for example steelhead), will be discussed in greater detail in terms of their general habitat requirements, distribution range, and threats. Populations of such rare species will be compared to other nearby populations and to the total species distribution when possible and appropriate. The report will summarize relevant hydrological information, including historical stream flow records. Gauging data will be used to graphically depict historical flows in San Luis Obispo Creek, and will help portray both the seasonal and interannual variability in these creek flows. Creek flow measurements collected as part of the field investigations of this study will hopefully provide valuable information on the relative contribution of Hansen and Gularte Creeks to flows in the upper reaches of San Luis Obispo Creek. To the extent that information is available and can be obtained from City water department records on the rates of historical creek diversions, particularly with respect to dry years, it will be used to help identify potential project impacts. Aesthetic quality of private and public open space areas along the creek, including Mission Plaza,will be discussed. If the creek should go dry as a result of upstream well withdrawals and diversions, the aesthetic qualities provided by the creek would be impacted. Quality of life and the scenic beauty of areas such as the downtown creekside development are important attractions to both visitors and residents of the San Luis Obispo community_ The aesthetic impacts associated with a dry creek bed may be linked to economic impacts as well (ie., for those commercial businesses located along the creek there may be a reduced number of visitors/shoppers in the downtown area), however it is beyond the scope of this EIR to discuss such potential economic impacts. The discussion of likely aesthetic impacts will therefore be based upon information obtained during interviews as described in Task 4. A draft (administrative) report will be submitted according to schedule to the City of San Luis Obispo Community Development Department. A total of three administrative copies will be provided. TENERA will be available and is prepared to discuss pertinent findings and the contents of the draft report with City planning staff prior to the report submittal. Following City review, their comments will be addressed and incorporated as appropriate to a public review draft EIR. A total of one camera-ready original will be provided to the City for this purpose. Task 8-Public Presentations. TENERA will provide support to the City Planning Department during public presentations (up to two) in presenting its findings and discussing the contents of the draft report. If deemed appropriate, TENERA will also present slides taken during the field investigations. Task 9-Final EIR Following the public review period, all comments and responses will be compiled and included in a City Council Agenda Report. TENERA will be available to answer any questions the council members may have regarding the EIR SLO Creek Diversion -EIR Prop=4 Rev.1 5. C + S +I�] findings. A final EIR will be prepared (including comments and responses), and one camera-ready original will be submitted to the City, as scheduled. The Project Team Our proposed biological assessment is divided into three disciplines: botanical; wildlife; and fisheries, all of which will be under the management of TENERA Environmental Services. Ms. Barbara RusseU,will serve as the project manager responsible for the direction and coordination of the project. Ms. Russell will conduct all field fishery and instream flow investigations. She will also be responsible for interviews conducted to assess the aesthetic impacts caused by the project. DY Charles Hanson will serve in a technical advisory capacity. Dr. Hanson brings to this project a tremendous level of expertise on water development impact analysis to fishery and other aquatic resources. Ms. Rachel Tierney and Ms Lawrence Hunt will both provide subconsultant services to TENERA Environmental in the disciplines of botany and wildlife biology, respectively. Both Ms.Tierney and Mr. Hunt have conducted numerous biological investigations in Santa Barbara and San Luis Obispo Counties. Brief biographical profiles for these individuals are provided below. Ms. Barbara RusseU(Project Manager): holds a bachelors degree in biology and a masters degree in business administration, and has more than 11 years of experience in marine and freshwater biological studies. Ms. Russell has designed and implemented biological sampling programs,with responsibility for field logistics, data collection, computer data base management, and statistical analyses. She has contributed authorship on numerous technical reports for projects which include evaluations of alternative fish protection technologies (such as fish diversions, bypass and screening). Ms. Russell is responsible for instream flow studies being conducted on behalf of the Cambria Community Services District to evaluate the effects of well withdrawals on steelhead fishery resources. She has participated on various projects on behalf of the State Water Contractors and Morro Bay Foundation to evaluate effects of freshwater diversions on fishery resources. Dr. Charles Hanson (Technical Advisor): is a fisheries biologist with.extensive expertise in water quality issues. He has participated on numerous projects designed to evaluate the effects of water withdrawals and diversions on water quality in order to develop water project operational criteria for the purpose of protecting fish, invertebrate, and other wildlife resources. Dr. Hanson provides technical input and evaluation of various proposed alterations to the instream flow regimes affecting the Sacramento, San Joaquin, and American Rivers. Dr. Hanson also serves on the Mokulmne River Technical Advisory Committee with representatives form CDFG, USFWS, and the State Water Resources Control Board. Dr. Hanson has contributed to the design, evaluation, and ongoing monitoring of fish screening, bypass, and protection facilities for numerous industrial, agricultural, and municipal water diversion projects. Ms Rachel Tierney (Botanist): has conducted numerous botanical investigations in Santa Barbara and San Luis Obispo Counties. She has been involved with recent investigations at Pt. Sal in the development of a resource management plan in that area. Ms.Tierney holds a bachelors degree in environmental biology and a masters degree in botany. She has a diversified botanical background with practical experience in native plant revegetation programs. SLO Creek Diversion -EIR Proposa4 Rev.1 6 6 ..S r? She has developed revegetation and restoration plans as part of various mitigation programs. She has conducted rare plant and animal surveys, vegetation analyses and mapping,wetland plant surveys and wetland delineation studies. Mr. Lawrence Hunt (Wildlife Biologist): has consulted as a wildlife biologist on several EIR projects throughout San Luis Obispo and Santa Barbara Counties. Mr. Hunt specializes in herpetology and he is presently completing his Ph.D. dissertation at U.C. Santa Barbara. Mr. Hunt has extensive experience in conducting avian, mammal, reptile, and amphibian field surveys in southern and central California. His studies have included design and implementation a southwestern pond turtle capture and relocation program downstream of Gibraltar Dam on the Santa Ynez River drainage. In addition, Mr. Hunt has conducted a study on the Nipomo Dunes on behalf of the Nature Conservancy which involved the identification of sensitive vertebrate taxa in that area. In San Luis Obispo County, Mr. Hunt participated on an EIR project for an Islay Hill development which involved wetland issues. He has contributed to the authorship of numerous EIR/EIS documents as indicated on his attached resume. SLO Creek Diversion -EIR Proposal;Rev.1 7 i Proposed Schedule and Budget TENERA will conduct the project according to the approximate time frame included in the City's RFP. That schedule provides for the submittal of the administrative draft EIR in 4 weeks, a public review draft in 2 weeks, and City Council certification within 17 weeks of contract award. Assuming the contract is awarded by the City Council on February 19, 1991,TENERA is prepared to meet the following schedule: Administrative draft EIR complete March 22, 1991 Public review draft EIR published April 5, 1991 Close of public review period May 22,1991 City Council certification of final EIR June 28,1991 TENERA's cost to complete this project as proposed is summarized the attached table, with a total project cost not to exceed $ 14,755. Administrative and technical support may be provided by individuals not specifically identified on the attached table however, the total cost for such support staff is not anticipated to exceed ten percent of the proposed budget. Desired Payment Schedule and Procedures Invoices will be submitted in accordance with the TENERA Operating Company, Fees for Professional Services agreement (attached). A total of three invoices will be submitted for payment. The first invoice will be submitted following completion of the orientation/initial site visit (Task 1) and first field effort (Task 3) and will not exceed 20 percent of the total proposed budget. A second invoice will be submitted following completion of the public review draft EIR (Tasks 2 through 7) and will not exceed 40 percent of the total proposed budget. A final invoice will be submitted following completion and submittal of the final EIR (Tasks 8 and 9). Payment should be made within 30 days of receipt of each invoice. Remittance should be sent to: TENERA, L P. Accounts Receivable 1995 University Avenue Berkeley, CA 94704 SL Creek Diversion -EIR Proposal, Rev.1 8 e 0 Proposed Cost Summary Labor Project Manager B.Russell 7,775 Technical Advisor C.Hanson 600 Botanist R.Tierney 2,500 Wildlife Biologist L.Hunt 2,%0 Other Direct Costs Film and photo development costs 48 Travel 120 Water quality instrumentation 80 Photocopy/reprographic costs 300 Total ODC 548 15% G&A� 832 Total Project Cost 14,755 Includes subcontracted labor charge Hansen/Gularte Creek Diversion Project 9 Proposed Hourly Allocation Task TENERA Outside Services B. Russell C.Hanson R.Tierney L Hunt 1 Orientation/Site Visit 8 2 Document Review 8 2 2 3 field Investigations Fisheries 10 Botanical 24 Wildlife 24 Instream flow 16 Aesthetics 6 4 Interviews 8 4 4 5 Impact Assessment 16 4 4 6 Alternatives Evaluation 8 2 2 7 Draft EIR 24 4 10 10 8 Public Presentations 8 9 Final EIR 18 1 4 4 Total 130 5 50 50 Includes 8 hours travel time for subconsultants(2 trips •4 hours) Hansen/Gularte Creek Diversion Project 10 `�`TENERQ Effectize Date: January 1,19E9 TENERA Operating Company, L.P. Fees for Professional Services Professional Services Fees for professional services are based on the time charged to the project by professional,technical and admin- istrative personnel. The fees are computed by multiplying each individual's burdened rate by two and four tenths(24)for each hour charged to the project by that individual. Reimbursable Expenses Other project-related direct costs,including but not limited to the following items,are billed as follows: 1. TFNERA's direct cost and applicable overhead plus 15 percent to cover associated general and ad- ministrative expense: a. Postage,freight and other shipping charges. b. Transportation,lodging and subsistence expenses. c. Employee relocation expenses. d. Rental or purchase of materials and equipment. e. Telephone calls,telegrams and telecopies. f. Outside administrative sernzces. g. Subcontracts: 12 percent contract management overhead. 2. TENIERA's standard service center rates: a. Computer Center. b. Word Processing Center. c. Duplicating Center. 3. TENERA's direct cost: a. State.and local sales,use and license taxes. Terms and Conditions Invoices TEINTERA may submit invoices monthly but is not required to do so. Invoices are payable upon receipt. Interest of one and one-half(1 3/2)percent per month,but in no event higher than that permitted by law,will be payable on any amounts not paid within 30 days. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the Client. Summary information will be provided on the invoices in accor- dance with TENERA's standard billing practices. If requested,TENERA will provide additional documentation at the Client's expense in accordance with the rates specified in TENERA's Fees for Professional Services. Audit of any charges shall be accomplished at Client's expense by an independent Certified Public Accountancy firm, and shall be limited to a review of time cards to verify labor charged to the contract and documentation for re- imbursable expenses. Effecfize Dale-- June 1987 Insurance TENERA is protected in the USA,and its possessions and Canada,by Worker's Compensation Insurance (and/or)employer's liability insurance),and by Public liability Insurance for bodily injury and property damage with a combined limit of$1,000,000 excess coverage and will furnish certificates thereof on request. TENERA's li- ability to Client and third parties shall be limited to the proceeds which are recovered from any such insurance and which are attributable to any claimed loss. If the Client's purchase agreement places greater responsibility upon TENERA or requires further insurance cov- erage,TENERA may be required to take out additional insurance(if procurable)at the Client's expense;but TENERA shall not be responsible to Client for property damage from any cause,including fire and explosion,be- yond the amount and coverage of our insurance. In addition,TENERA shall be named as additional insured in any client insurance policies and in any hold-harmless agreements against third party suits in agreements be- tween the client or owner and any contractor who may perform work in connection with any study or report prepared by TENERA. Limitation of Liability TENERA's liability on account of any claim of loss,damage or expense of any kind or character related directly or indirectly to the performance of its services for Client,shall be limited to$50,000 or the amounts of any applicable insurance. Said limit shall be an aggregate sum which shall include all payments,whether to Client,Client's contractors or subcontractors,to TEIN'ERA personnel,or to third persons. This limitation on TENERA's liability shall apply whatever the nature of any claimed basis of liability including(without limitation)contract,warranty (express or implied),tort,absolute or strict liability,active or passive negligence,professional errors or omissions, and any other theory. In addition,TENTERA shall not be liable to Client or third parties for consequential,inci- dental,special,or reliance damages. Client agrees to hold TENERA harmless from any claims described herein by client contractors or subcontractors or third parties of any kind,within the meaning of this provision Non-Disclosure and Protection of Confidential information Client and TENTERA acknowledge that either party may disclose both commercial and technical proprietary,trade secret,or confidential information("confidential information")to the other prior to or subsequent to the engage- ment of TENIERA's services. Client and TENERA agree that each has an obligation to not disclose to third parties such confidential information. The terms of this document and all pricing information supplied by TENTERA are considered confidential by TENERA. Confidential information shall not include information which is(i)gener- ally available to the public,(ii)in a party's possession prior to the date of disclosure,(iii)received from a third party who has no obligation of non-disclosure and is lawfully in possession of the information. Applicable Law In the event of any dispute with regard to TENERA's services,the applicable law shall be that of the State of California,excluding its choice of law rules. To the maximum extent permitted by law the parties expressly con- sent to the personal jurisdiction and venue applicable to TENTERA's corporate headquarters in Berkeley, California. Should any provision of these Fees for Services be unenforceable,then to the maximum extent per- mitted by law the remainder shall be enforced. Approval Authority TENERA will not be bound by any contract or agreement unless signed by an officer of TENERA,L.P. 2 A TENERA Effective Dn:c Jcn"?y 1,19E3 TENERA Operating Company, L.P. Service Center Standard Rates Data Processing Center 1. I,tiQocomputer ............................................................... S 21.00 per hour S 185.00 per week* S 300.00 per month* 2. T`Enicomputer ................................................................. $ 125.00 per hour +S 2.00 per connect/hour 3. Plotter "A" Size ............................................................................ S 750 per plot b" Sze ............... S 15.00 per plot ............................................................. "C' Size ................................................................ ... S 30.00 per plot „D" Sze ............................................................................ S 60.00 per plot Word Processing Center Ton-dedicated equipment ................................................... S 5.00 per hour Duplicating Center Kodak,Xerox, or equivalent ................................................. $ 0.12 per copy Based on dedicated machine. C-s-z s city of San LUIS OBISPO I,, INITIAL STUDY OF ENVIRONMENTAL IMPACT SITE LOCATION San Luis ,Obispo Creek upstream from Cuesta Park APPLICATION NO. ER 33-90 PROJECT DESCRIPTION Divert the flow of Hansen and Gularte creeks for municipal water supply, and provide treatment. APPLICANT City of San Luis Obispo (Utilities Department - Bill Het Iand) STAFF RECOMMENDATION: NEGATIVE DECLARATION MITIGATION INCLUDED EXPANDED INITIAL STUDY REQUIRED X ENVIRONMENTAL IMPACT REPORT REQUIRED PREPARED BY __ Glen Matteson. Associate Planner DATE 11-21-90 COMMUNITY DEVELOPM NT IRECT ION: DATE 12!!10/% .Fj SUMMARY OF INITIAL STUDY FINDINGS . DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING II.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS A. COMMUNITY PLANS AND GOALS ................................................... YES* B. POPULATION DISTRIBUTION AND GROWTH.......................................... NO* C. LAND USE ....................................................................... NO D. TRANSPORTATION AND CIRCULATION .............................................. YES, not significant* E. PUBLIC SERVICES .................................................................. YES, not significant* F. UTILITIES........................................................................ NO* G. NOISE LEVELS .................................................................... YES- not significant* H. GEOLOGIC&SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS .................... NO I. AIR QUALITY AND WIND CONDITIONS................................................ NO J. SURFACE WATER FLOW AND QUALITY .............................................. YES* K. PLANT LIFE...................................................................... YFS* L ANIMALLIFE..................................................................... YFS* M. ARCHAEOLOGICALIHISTORICAL .................:.................................. Nn N. AESTHETIC ...................................................................... YFS* O. ENERGYIRESOURCE USE .......................................................... n10 P. CTHER .......................................................................... III.STAFF RECOMFAFNDATION 'SEE ATTACHED REPORT 58.85 C� -14P INITIAL ENVIRONMENTAL STUDY 33-90 Reactivate Hansen Creek and Gularte Creek Diversions DESCRIPTION OF PROJECT & SETTING The City of San Luis Obispo proposes to reactivate diversions from Hansen Creek and Gularte Creek, to supplement municipal water supplies. These two creeks are tributaries to upper San Luis Obispo Creek, and are located about three miles northeast of the city. Their watersheds are on the western slope of the Santa Lucia Mountains, just east of Highway 101 as it approaches Cuesta pass. The city exercised its right to divert the flows of these two creeks from 1912 until 1976, when the city decided to forego the water rather than meet more stringent state treatment requirements. (Though it may be a controversial issue related to environmental impacts, water rights are beyond the scope of this study.) With the proposed project, the city would continuously divert 300 to 500 acre-feet per year from the streams' natural courses. Project actions include the rehabilitation of diversion structures, rehabilitation of the pipeline connecting the diversion structures with Reservoir No. 1, and installation and operation of a treatment plant at Reservoir No. 1. The diversion structures are small weirs which divert nearly all dry-season flows from the stream channels to pipelines, but which allow nearly all storm flows to pass down the channels. (They are not dams and do not impound a significant amount of water.) Rehabilitation would include cleaning out the small basins, repair or replacement of racks to prevent debris from entering the pipes, and repair or replacement of the pipe connections. Rehabilitation of the pipeline would include replacement of above-ground sections which leak, consisting of about 20 feet near the silted-in impoundment just downstream of the confluence of the creeks with San Luis Obispo Creek. Currently, the diverted water re-enters San Luis Obispo Creek near this old impoundment (from leaks) and near Reservoir No. 1 (deliberately), which is located about one-half mile upstream from Cuesta County Park, on the north side of Highway 101. The flow from Hansen and Gularte creeks appears to comprise the total above ground flow of San Luis Obispo Creek upstream from Cuesta Park during fall 1990. Under the 1912 agreement, some of the diverted flow is available to the owners of property which was subject to the agreement. Part of the diverted flow is used for watering livestock. Some of the diverted flow currently may be used for domestic supply in dwellings at the mouth of Reservoir Canyon. These uses would not change with the proposed project With the proposed project, the diverted water would not be allowed to flow back into the San Luis Obispo Creek. It would be treated and piped into Reservoir No. 1, from which it would flow into the city's water distribution system The treatment plant would consist of a "package" unit. This unit would be about 23 feet long, 11 feet wide, and G_� Z_ i Creeks Diversion Environmental Review 2 nine feet tall. It would be housed in a metal building similar to existing buildings at the reservoir site. The unit would provide filtration through sand and granular carbon, and chlorination, to meet current municipal drinldng water standards. Diverted water probably would be shunted back to San Luis Obispo Creek at Reservoir No. 1 during storm flows, when the water would carry excessive sediment. POTENTIAL IMPACT REVIEW A Community_plans and goals The project raises questions of consistency with city policies, since it would divert water from some desirable uses to meet other desirable uses. According to the city's general plan Water and Wastewater Management Element, "San Luis Obispo's water goal is to provide a sufficient quantity of appropriate-quality water for the needs of the community." The city is anxious to obtain additional water sources, since normal demand substantially exceeds currently available supply, during years of below-average rainfall. In response, the city has imposed water rationing, intended to limit usage to 65 percent of 1987 levels, and a moratorium on projects which will increase long-term water use. The water element goes on to say, "In deciding appropriate sources of supplemental water, the city will evaluate impacts on other users of the water and other environmental impacts, total and unit costs, reliability, water quality, development time, and quantity available ...All potential supply alternatives will be explored. City efforts to provide supplemental water supplies will generally follow the priorities below. While the city has taken some action on a range of potential sources, it cannot pursue each potential source with equal effort. The priorities are intended to focus city efforts on those sources which will: (1) be able to supply water earlier even though the amounts are relatively modest; (2) require the least capital funding; (3) cause the least environmental impact, in terms of both the project sites and commitment to growth-inducing resource expansions; (4) offer the most city control. The order indicates general priorities, not a strict sequence. More efficient use of existing supplies (conservation); More complete use of sources already used by the city; Development or reactivation of sources in and near the city; Development of other new sources within San Luis Obispo County; Development of new sources outside San Luis Obispo County." The proposed project would fall within the third category of sources. Since the city has pursued the first two categories to their practical limits, the project would be.consistent with these priorities. Creeks Diversion Environmental Review 3 However, the project would not be consistent with the policy which says, "The city will not compete with local agricultural use of groundwater or damage wildlife habitat through reduced stream flows in obtaining long-term sources of supply" As discussed below under "Utilities," and "Plant life and animal life," the project has the potential to significantly harm wildlife habitat without a compensating benefit in additional water supply. Possible mitigation for this impact, though not recommended, would be deletion of this policy from the general plan. B. Population distribution and ,growth The project would not have an impact on population growth, since it would not result in a net increase in water available to the city which could be allocated to development. Water supply, through the city's general plan and its Water Allocation Regulations, currently constrains development and city population growth. Additional water supplies will be needed to enable substantial additional development. At the high end of the range estimated for this project, 500 acre-feet, the project would superficially increase water supply by about six percent. However, as explained in following sections, it would not be appropriate to count this amount toward additional safe yield, since taking water out of the San Luis Obispo Creek watershed at this point would eliminate its availability at currently used other points. Therefore, the superficial increment would logically not be added to safe yield for purposes of allowing additional development, as provided in the Water Allocation Regulations. Construction and operation of the project will not significantly affect employment in the city. D. Transportation and circulation Traffic impacts will not be significant. The creek diversions are accessible only from turnouts on the northbound lanes of Highway 101. The treatment plant site is accessible only from a turnout on the southbound lanes of Highway 101. Highway 101 is the principle north-south connection along the central California coast. In this vicinity it carries about 34,000 vehicles per day; this volume is projected to increase to between 65,000 to 92,000 vehicles as the build-out capacity of city and county plans.are reached over the next 20 to 30 years (DKS Associates, Circulation Element update working paper, July 1990). Highway 101 is a divided road, with two travel lanes in each direction. Near the diversion sites, the northbound lanes ascend at about seven percent. Near the treatment plant, the southbound lanes descend slightly. C-S'2` Creeks Diversion Environmental Review 4 Rehabilitating the diversion boxes and installing and operating the treatment plant will add a few trips. The primary concern is hazard from trucks turning onto and off of the highway. The number of such movements will be small (for example, the entire package plant can be delivered in one trip), and larger service vehicles would probably visit the plant once monthly and the diversion boxes once yearly. Sight distance at the turnout locations is adequate. E. Public services The project will require additional person-hours to monitor and maintain the diversion and treatment system. It is not known whether these demands will require additional city personnel. The project will not directly impact other public services. F. Utilities There will be no significant impacts on city water or sewer service. Normal annual water use is about 8,060 acre-feet. This number reflects actual use in 1987, plus water allocated to development projects from July 1987 through September 1990, minus the net savings expected from offset credits (retrofitting). It indicates what usage would be if rationing was not in effect. Another roughly 59 acre-feet would be used by projects in the planning review "pipeline," which the council made exempt from allocation limits when the regulations were amended in spring 1989. The city considers its safe annual yield, including a conservative estimate of yield from some of the wells the city developed in 1988, to be about 7,808 acre-feet, or about 97 percent of normal use. However, this amount has been challenged as being too high, considering experience with the current drought and the need to maintain a live stream below Salinas Reservoir, with increased downstream usage. (The challenge was part of an appeal of an environmental determination for a motel project, filed by Donald Smith, currently a member of the San Luis Obispo County Water Advisory Committee.) Also, more recently, Clinton Milne of the San Luis Obispo County Engineering Department, has said that the safe yield estimates for some reservoirs in the county, presumably Salinas and Nacimiento, may be reduced 20 to 25 percent as a result of experience with the current drought. Other reservoirs, such as Whale Rock and Lopez, may have smaller reductions. The city draws water from Salinas and, along with other agencies, from Whale Rock. The city's Utilities Director also has acknowledged that safe yield estimates may have to be reduced, but believes it is premature to assess the amount of reduction at this time. Due to rationing, annual city water use in the fall of 1990 is about 5,000 acre-feet, with about one-half of that supplied by groundwater wells, some of which were developed as temporary, emergency sources. C-S Creeks Diversion Environmental Review 5 Flow records from 1954 to 1977 indicate an average daily flow of 225 gallons per minute (363 acre-feet per year) from the combined diversions. In the fall of 1990, in the fourth year of a drought, both creeks were flowing, but at a combined rate of between 50 and 100 gallons per minute. Withdrawing the water on upper San Luis Obispo Creek is expected to immediately reduce the amounts available to individual users of downstream creek water (primarily those who have substituted private withdrawals from the creek for city water in landscape irrigation) and, in the long term, the amounts available to private and municipal wells within the San Luis Obispo Creek groundwater basin, which is recharged in part by percolation from San Luis Obispo Creek and its tributaries. The contribution of Hansen and Gularte creeks' flow to groundwater recharge is not known. G. Noise levels Noise impacts will not be significant. Construction activity will temporarily and insignificantly increase noise at the plant and along the access route. Operation of the plant will involve relatively small electric pump motors, and is not expected to create noise audible above ambient noise (largely due to highway traffic) outside the plant site. J. Surface water flow & quality: groundwater K. Plant life L. Animal life The project may significantly reduce stream flows which support riparian habitat in upper San Luis Obispo Creek and may reduce groundwater recharge. Cumulative impacts of stream and groundwater withdrawals appear to be significant. San Luis Obispo Creek flows about 17 miles from its headwaters in the Santa Lucia Mountains east of San Luis Obispo to the Pacific Ocean at Avila Beach. The entire watershed is about 53,600 acres. The watershed for the portion of creek most directly affected by the proposed project covers about 6,700 acres above the narrows near Cuesta Park. San Luis Obispo Creek is a seasonal stream along much of its upper reaches. Flows are highly variable throughout the year and from year to year. At a given time, some sections have surface flow while others, both upstream and downstream, are dry at the surface, but have subsurface flow through highly porous sand and gravel. This situation can be observed in the fall of 1990, when there is surface flow at the confluences with Hansen and Gularte creeks, Cuesta Park is dry, Mission Plaza has surface flow, and the area near Prado Road is dry. San Luis Obispo Creek is an important wetland resource within the San Lois Obispo Creeks Diversion Environmental Review 6 area. It is the southernmost California stream with a viable, native steelhead trout population. Other significant.species dependent on the creek are Pacific pond turtle and Pacific tree frog. The Hansen Creek watershed (about 100 acres) and the Gularte Creek watershed (about 180 acres) are largely oak woodland and oak grassland, with narrow riparian areas having bay laurel and occasional sycamores and willows. The watersheds are part of an extensive open space area extending from interior mountain and valley grasslands through the Los Padres national forest to the eastern edges of the City of San Luis Obispo. The area has been used for cattle grazing and a few widely separated dwellings. This diverse habitat includes many edges between wooded areas and areas dominated by grass, chaparral, and rocky areas with sparse vegetation. Mountain lions, black bear, and many bird species, including wild turkeys, are among the more obvious animals which occupy the area. The creeks provide important drinking, feeding, and travel opportunities for wildlife. While the watersheds of the subject creeks are small in relation to the entire watershed, they are important due to the amount and continuity of their flow. The characteristics which make them desirable water sources for the city also make them desirable sources for wetland habitat and wildlife. The few places where surface flow continues during a drought are havens for wildlife that must live in or near water, preserving a few individuals which can re-populate the creeks system as droughts end. Water is withdrawn from the San Luis Obispo Creek watershed by the city and by individuals for domestic, landscape, and agricultural uses. Withdrawals take the form of pumping directly from creek surface flows, wells close to the channel which probably tap subsurface flows, and wells into various groundwater subbasins, some of which are recharged at least in part by San Luis Obispo Creek. No overall assessment of available water and withdrawals from the upper San Luis Obispo Creek watershed has been performed. Such an assessment was required mitigation for the "Firing Range Well' in Reservoir Canyon, near the creek just upstream from Cu esta County Park (ER 44-88, September 1988). Among the unknown quantities which would describe conditions in this watershed are: The amount of private stream withdrawals; The amount of private well withdrawals; The amount of percolation to the groundwater from San Luis Obispo Creek; Evaporative losses from the creek; The amount of inflow from excess irrigation. The city has commissioned a study of the groundwater basin, hoping to identify "sustained yield," the amount that can be withdrawn annually without depleting the source. That study concludes "during the period from 1978 to 1990, Basin 3-9 [under the city and surrounding area] has not been in a state of sustained overdraft. Long-term water level records ... indicate that, while the basin water levels do decline significantly during drought periods, the basin recovers relatively quickly. The current City C -s .3z i Creeks Diversion Environmental Review 7 extractions of approximately 2,000 acre-feet per year are resulting in significant water level declines which may be considered a 'short term overdraft' but [this result] does not indicate the long term status of the basin" (Groundwater Basin Evaluation, F.zecutive Summary, Boyle Engineering, November 1990). The evaluation suggests that continued city withdrawals at the current rates would result in long-term overdraft unless deliberate efforts to enhance recharge from stream flows and treated wastewater are effective. The evaluation does not comment on increased private groundwater withdrawals from the basin. The Boyle study did estimate that in Basin 3-9, average annual recharge from rainfall and irrigation is 3,650 acre-feet. It estimated subsurface outflow to be about 100 acre- feet, and agricultural, municipal, and industrial extractions to be about 5,800 acre-feet. Since well levels throughout the basin did not drop substantially during 1978 to 1990, it concluded that the apparent deficit of 2,250 acre-feet is recharged by inflow from the Edna Valley groundwater basin and seepage from stream surface flow and from treated effluent. The overdraft status of the Edna Valley basin was not examined. In conjunction with the creek diversions, the city is considering making more regular use of the Firing Range Well, which could withdraw an additional 120 acre-feet per year from the upper San Luis Obispo Creek watershed. Cumulative impacts are particularly a concern with use of this well, since it would apparently draw water from the point where flow from Hansen and Gularte creeks would otherwise contribute to flow in the main branch of San Luis Obispo Creek. State law requires review and concurrence by the Department of Fish and Game for any substantial diversion of the natural flow of any stream (Fish and Game Code Section 1603). The Department of Fish and Game must determine whether there may be a substantial adverse impact on existing fish or wildlife, and recommend measures to protect them. Upon disagreement with the party proposing the diversion, a panel of arbitrators makes the decision. The city has not sought such a determination, but will do so before completing environmental review. N. Aesthetics Reduced flow in San Luis Obispo Creek will have an impact on sounds and sights along San Luis Obispo Creek, including Mission Plaza, a creekway park in downtown San Luis Obispo. The impact would be significant if the creek went dry. Observed flow at Mission Plaza in fall 1990 is about the same as the combined flow of the tributaries to be diverted. This coincidence does not mean that diverting the tributaries would stop flows entirely, since water may continue to enter from other tributaries and from saturated soils and fractured rock along the stream course. However, the cumulative impact of public and private withdrawals from creeks and public and private wells upstream from Mission Plaza is expected to be reduction or elimination of flow in the few places where surface flow continues. C- S-3 . Creeks Diversion Environmental Review g STAFF RECOMMENDATION An environmental impact report (EIR) should be prepared, since there are potentially significant, adverse impacts, including cumulative impacts. The EIR should focus on the following impacts, within the upper and middle San Luis Obispo Creek watersheds: The quality of fish and wildlife habitat; The net amount of water available for human use; Aesthetic quality of private and public open space areas along the creek, including Mission Plaza. gm3: ER33-90.WP . i .,\' tl.'. :1- _ �I��`� �7,:0� CI�'�II•I 1, h ',. .:�•)...; .,. <'Ihc•,�:�,I l'. 1 /l 1Y.� l •'til v,c' �,�� I , l'' ! :i Z \ `� ''' I U \ 'v ` j ') . I v. ti �� i L GUL e'a "•° \�. ^, ,a . '1,;L1•r<':._`, ,fir 1S(\ Ak (� r' :I'• ', \��'•� '"moi RrE, � ., t � ... r/i ,o I.S. rr). ., '1.- Jacks1 f� ., ... 1. mark it I I BIaCk i ` :.. '•y. �l:� .� !l-I_,! —..., , �[ ... Butte... t' "pGP[1RA1V,II ( T ne '!� ni.u,��:.,.,,,•n: i I' i I �_ jam. . 7 �.^. t ' Ph I ip'g in `/ ' 20 �r2 ::: EX►STINU dee yimpie ft o4 He man .;.�Ir rw ••I t. .. ' I I �/ I` / " ,� `-- ----`----- 1T / ter✓ , / v _ f C"..q Gnnn -® ` ,Mnn y:'.� �.� -�•�'�-�-i ( r' `1 .I C..,.P... a ..i. ,.nr' 1 .•y %,� f owe , y KINT Lq) ;OB]SFO (�i� ON n •S.q1 •�'d'•I., i. - �v.o.a,.4' I is "'�' ✓6`�...: �. ` \ ' `: 1 r �.� l '�•_�7\ 1, Mill \:.• -A.'Jr• ._._... i .I •' / _ :• "r.�. .Fl�- l l;.tN w,. `. \•... ' ! !I ,31_ ~jt—` , ` 321 \ +• .._rihi,\\:� �,i.• .. „ I __-,;ice•,•.. 47.-� p -1 a' w e• :��i i' V ] 'I t gyro- /i 1 .•'j', 1' ... N .I�. �.: