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Home My WebLink About11/16/1999, C5 - WATER REUSE PROJECT - CONTRACT TO DEVELOP MITIGATION AND MONITORING PLANS council " Nov. 16 1999 j ac Enda Repout '�C5 CITY OF SAN LUIS OBISPO FROM: John Moss, Utilities Director Prepared By: Dave Pierce,Water Projects anager c� SUBJECT: WATER REUSE PROJECT - CONTRACT TO DEVELOP MITIGATION AND MONITORING PLANS CAO RECOMMENDATION Authorize staff to negotiate with Thomas R. Payne and Associates for Biological Services for Mitigation and Monitoring Plans for the Water Reuse Project and authorize the CAO to sign a contract not to exceed$60,000. DISCUSSION This request is to contract for the services of a fisheries biologist to develop the details for implementing the mitigation measures and the monitoring required by the state and federal resource agencies for the Water Reuse Project. For the past several years the major efforts associated with the Water Reuse Project have been focused on environmental review and obtaining the approval of the State Water Resource Control Board (S)ArRCB) for the City's Petition for Change of Point of Discharge, Place of Use and Purpose of Use of Treated Wastewater. The City Council Certified an EIR on March 25, 1997. The California Department of Fish and Game (CDFG), on October 21, 1999, entered into a Memorandum of Understanding with the City to document that the City would mitigate their concerns in exchange for the dismissal of the Department's protest. The National Marine Fisheries Service (NMFS) issued a biological opinion concerning the project's impacts on steelhead and the U.S. Fish and Wildlife Service (USFWS) issued a biological opinion concerning the project's impacts on the tidewater goby. Upon completion of these technical reviews, the SV,/RCB scheduled a hearing for November 1, 1999 to consider the remaining protests. The last remaining protestant, Central Coast Salmon Enhancement, withdrew its protest on October 21, 1999. The City's petition now has no protests and will be processed administratively. Staff anticipates that the City's petition will be approved before the end of November, 1999. On December 2, 1997, the City Council awarded a contract to Brown and Caldwell (B&C) for the design of the distribution system. Within the next few weeks B&C will complete the first phase which is to prepare an engineering report required to obtain approval of the Regional Water Quality Control Board and the State Department of Health Services for the specific uses of the recycled water. Following completion of the engineering report and the approval by the SWRCB of the City's petition for change of use, staff is to return to Council for authorization to proceed with the second phase of the design. Phase two will prepare the preliminary design report which will evaluate design alternatives, including pipeline routes, prior to the authorization of final design. C5-1 Council Agenda Report—The Water Reuse Project- Mitigation And Monitoring Plans Page 2 The Memorandum of Understanding and the two biological opinions define mitigation requirements that must be completed before water can be distributed. For the past several years the critical path (tasks that control the schedule for completion of this project) has been clogged with environmental issues. When the SWRCB approves the City's petition for change, design issues will become the critical tasks. However, the development, design, and construction of the mitigation measures must be given high priority in order for them to be completed by the end of 2001 so that recycled water can be delivered to customers for irrigation throughout 2002. The next step in completing the mitigation measures is to hire a fisheries biologist to define the details of the mitigation measures required by NMFS and Fish and Game and to define and implement the monitoring required by NMFS. The mitigation plans are needed for: 1) protecting or creating replacement habitat (including pools), 2) minimizing the stranding of steelhead caused by changes in rate of discharge, and 3) modifying the fish ladder at the Marre Dam. Monitoring programs are needed for 1) monitoring the movement of juvenile steelhead emigrating to the ocean, and 2) monitoring the abundance of steelhead downstream of the Water Reclamation Facility during July, August and September. Tom Payne, the proprietor of Thomas R. Payne and Associates, has been the fisheries expert for the Water Reuse Project since he was hired in 1991 to help define the project by evaluation of the flows in the creek to determine the amount of water needed to minimize the impacts to the aquatic environment. After seven years of working with the resource agencies and protestants, the National Marine Fisheries Service confirmed Mr. Payne's original opinion that the project will have little impact on the steelhead population of San Luis Obispo Creek. Staff recommends sole source negotiation with Mr. Payne for several reasons: 1) he has been involved with this project from the beginning, 2) he is recognized as an expert by the resource agencies that must approve these plans, 3) he has a very good understanding of fisheries on the Central Coast, 4) his costs are reasonable and competitive, and 5) he understands the City's values and will be able to minimize mitigation costs without reducing the benefit to the fish. His ability to work with the agencies is demonstrated by his review of the biological opinion to assure staff the required mitigation measures could be implemented. Mr. Payne talked to NMFS to clarify the requirements for monitoring. During this discussion NMFS agreed the desired information could be obtained with a revised program that can be implemented at less than half the cost of the one originally defined by NMFS. NMFS has indicated that similar savings are possible during the implementation of the mitigation measures if the City proposes detailed mitigation measures that have high value for the fish. By negotiating this contract and taking advantage of Mr. Payne's knowledge of the project, staff expects to obtain NMFS approval of mitigation plans in time to bring them back for City Council approval in the spring. This will allow CityCouncil to review the proposed mitigation program at the same time they review the Preliminary Design Report from Brown and Caldwell. C5-2 Council Agenda ReportThe Water Reuse Project- Mitigation And Monitoring Plans Page 3 FISCAL IMPACT This contract will be for one year to develop the mitigation plans and to develop and complete the fust year of monitoring of migration and abundance. The total cost of these services will not exceed $60,000 of which approximately $23,000 will be for monitoring.. Funds for this project are available within the Water Reuse CEP (1999-2001 Financial Plan, pages E-5) Work remaining to be contracted for subsequent to this work will include design and implementation/construction of the specific mitigation efforts defined under this agreement, and the next five years of required monitoring. ATTACHMENTS Excerpt of NMFS Biological Opinion and CDFG Memorandum of Understanding related to consulting services of a fisheries biologist. C5-3 mchment to Council Agenda Report Water Reuse Project- Contract to Develop Mitigation and Monitoring Plans Excerpts of Terms and Conditions from the NMFS Biological Opinion 1D. The City shall prepare and implement a pool habitat construction plan to mitigate project action effects on steelhead. The plan shall specify construction of 20 (twenty)pools, and monitoring and maintenance of these 20 pools for the life of the project action; identify proposed locations for constructing pools; establish schedules for obtaining necessary approvals and permits (i.e.,land owner or agency permission, streambed alteration agreement, section 7 consultations,404b); establish schedules and milestones for implementing this mitigation task; specify the type of pools that will be constructed and the materials required; maintenance and monitoring methods; pool performance criteria; and, any additional information NMFS believes is necessary to complete the plan. The pools shall be constructed in the following locations: Stenner Creek, Reservoir Canyon Creek San Luis Obispo Creek upstream of Questa Park, and(or) any other area(s) NMFS believes would be appropriate. The City shall complete all pools before the project action is implemented. The dimensions(length, width, and depth) of each constructed pool shall be no less than the dimension of any pool existing in vicinity of a proposed pool construction area. The City shall obtain written NMFS approval for this habitat mitigation plan before the project action and plan are implemented. This pool habitat mitigation plan shall be implemented by the City no later than three years from the date of this Biological Opinion. The NMFS, at its discretion, may decrease to some extent the number of pools required by this specific Term and Condition (1D), depending on the type, quantity, quality, and location, of habitat set forth by the City to comply with Term and Condition 1E. IE. The City shall prepare and implement a habitat mitigation plan to offset project action effects on habitat. The plan shall be based on one of the following: (1) acquiring at a ration of no less than 2:1, and then preserving/conserving in perpetuity, an area of instream habitat to compensate for the area of San Luis Obispo Creek that is affected by the project action(=5.7 miles x average stream width through the project area); (2) creating at a ration of no less than 1:1 an area of instream habitat to compensate for the area of San Luis Obispo Creek that is affected by the project action (=5.7 miles x average stream width through the project area); or(3) a combination of#1 and#2. Habitat creation can include providing steelhead access to an area of historical spawning and rearing habitat that is equal to the area of habitat that is affected by the project action. Habitat mitigation can occur in the San Luis Obispo Creek drainage or in another drainage that is acceptable to NMFS. The plan shall identify the location of the preservation/conservation or creation areas; describe proposed monitoring and maintenance methods; describe biological characteristics of the mitigation area, including riparian and instream habitat; identify necessary approvals for establishing the habitat mitigation area; and describe the schedule to implement the habitat mitigation plan, including monitoring and maintenance activities. The City shall obtain written NMFS approval for this habitat mitigation plan before the project action and plan are implemented. This habitat mitigation plan shall be implemented by the City no later than three years from the date of this Biological Opinion. The NMFS, at its discretion, may decrease to some degree the amount or extent of instream habitat mitigation required by this specific Term and Condition (1E),depending on the type,quantity,quality, and location, of instream habitat set forth by the City to comply with this Term and Condition (IE). IF. The City shall prepare and implement a NMFS approved plan to avoid relatively rapid or instantaneous release reductions for the purpose of minimizing the likelihood of stranding C5-4 1 tachment to Council Agenda Report Water Reuse Project- Contract to Develop Mitigation and Monitoring Plans steelhead. The contents of the plan shall include protocol and schedule for gradually reducing releases to the creek, quality assurance/quality control, and contingency measures. The plan shall be prepared in collaboration with a qualified fisheries biologist (individual with expertise in the areas of salmonid biology and ecology, and life history and habitat requirements). The City shall obtain written NMFS approval for this avoidance plan before the project action and plan are implemented. The plan shall be implemented in perpetuity by the City beginning the first day of the project action. 3A. The City shall prepare and implement a NMFS approved plan to monitor emigration of juvenile steelhead in San Luis Obispo Creek drainage (minimum of four locations in the San Luis Obispo Creek drainage) during 01 March to 31 December for a period of six years beginning 01 March 2000. The City in the context of monitoring steelhead emigration shall monitor discharge and water temperature. The City's plan shall be prepared by a qualified fisheries biologist(individual with expertise in the areas of salmonid biology and ecology, and life history and habitat requirements). Prior to preparing the plan,the City and its biologist shall meet with NMFS for the purpose of identifying the specific contents of the plan. Data collected as a result of monitoring emigration shall be submitted to and become property of NMFS. The City shall obtain written NMFS approval for this emigration monitoring plan before the project action and plan are implemented. 3B. The City shall prepare and implement a NMFS approved plan to monitor abundance of steelhead in the project area during 01 May to 31 October for a period of six years beginning O1 May 2000. The City's plan shall be based on a statistically valid sampling design that is acceptable to NMFS, and be prepared by a qualified fisheries biologist (individual with expertise in the areas of salmonid biology and ecology, and life history and habitat requirements). Prior to preparing the plan, the City and its biologist shall meet with NMFS for the purpose of identifying the specific contents of the plan. Data collected as a result of monitoring abundance shall be submitted to and become property of NMFS. The City shall obtain written NMFS approval for this abundance monitoring plan before the project action and plan are implemented Excerpts from the Memorandum of Understanding with Fish and Game 2. City shall modify the fish ladder and brush rack at Marre Dam as described in the Final Environmental Impact Report dated March 1997 for the project ("FEIR"). City and the Department shall cooperate to seek, as needed, access agreements from those private property owners owning land adjacent to Marre Dam. City shall consult with the Department regarding the design and specifications of the modifications to Marre Dam prior to finalizing any plans and specifications for same. 3. City and the Department acknowledge that the NMFS Biological Opinion referenced above includes a provision requiring City to create twenty (20)instream pools, which will be approximately 12,000 square feet of pool habitat. This pool habitat may be created on San Luis Obispo Creek or some other creek. City shall consult with the Department in developing its plan for the creation of pool habitat, for the purpose of ensuring that the habitat will also benefit pond turtles. City agrees that the creation of such pool habitat will be done in accordance with the methodology set forth in the California Salmonid Stream Habitat Restoration Manual (CDFG, 1998). C5-5 2