HomeMy WebLinkAbout07/18/2000, C9 - APPROVAL OF AN IN-LIEU FEE AGREEMENT 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 AI council "�°ul 18, 2000
j agenda uEpout C9"�
C I T Y OT ' � A N L U I S O B I S P O
FROM: Ken Hampian,Assistant City dministrative Officer
John Moss,Utilities Directo
Prepared By: Neil Havlik,Natural Reson es Manager-?).t�.
SUBJECT: APPROVAL OF AN IN-LIEU FEE AGREEMENT 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 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 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
Since the City of San Luis Obispo purchased the Filipponi property in April of this year,we have
been searching for a source of funds to support undertaking a comprehensive restoration plan for
the site. In the meantime, the County has been working with the U. S. Army Corps of Engineers
for approval of a mitigation program for impacts to a small stream near Buckley Road
occasioned by the extension of the main runway.of the San Luis Obispo County Airport. City
staff have held discussions with the Airport staff and have supported the concept of allowing use
of 2.64 acres of the Filipponi Ecological Area to be used for such mitigation. The Corps has
issued a permit for the project, but is requiring that the County demonstrate that it has permission
of the landowner (the City) for the mitigation work. The County has agreed to participate in the
preparation of the comprehensive plan to the extent of$30,000. This would be combined with
$10,000 from the City's Water Reuse Program Mitigation Account and $5,000 from the Land
Conservancy to create a $45,000 fund for preparation of the plan. City staff has supported the
concept of the Land Conservancy administering the plan as a new project under our existing
service contract with them.
In addition to the above, the County will be required by the Corps to place $200,000 into a
restricted account with the Land Conservancy to guarantee that the mitigation is actually
undertaken. The purpose of this agenda item is to formalize these discussions and permit the
Airport project to move forward. The plan, once developed, will be required to be approved by
the City Council. Actual mitigation work is not expected to take place until next year.
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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 a restoration
plan which the City has desired to have done, and will support efforts to restore the property's
riparian habitats. The City's portion of the study funding has been anticipated and is in the
Water Reuse Project Mitigation Account.
ALTERNATIVE
Reject the Agreement. This is not recommended as it would negate the positive effects of
undertaking the restoration plan, for which the City has been seeking funds. The plan would
ensure that the County mitigation project is consistent with other future mitigation projects that
would be undertaken on the site.
Attachments:
1. Draft In-Lieu Fee Agreement
2. Letter from County of San Luis Obispo Department of General Services to Tiffany
Welch, U.S. Army Corps of Engineers •
•
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ATTACHRE-NT b
DRAFT
"IN-LIEtf FEE AGREEMENT
• TO FACELITATE THE COMPENSATORY NUTIGATION EFFORTS
AS A RESULT OF THE SAN LUIS OBISPO COUNTY AIRPORT
RUNWAY 11/29 EXTENSION PROJECT
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 supercede any prior agreements between the parties.
WHEREAS,the County is the owner of the San Luis Obispo County Airport; and
WHEREAS,the Airport Master Plan,which was approved by the San Luis Obispo County
Board of Supervisors on December 1, 1998,included approval to extend Runway 11/29 an additional
500 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,Proj ect No.
3-06-0228-17,ContractNo.DTFA08-99-30938 dated March 30,1999,("Project-Phase 1")the FAA
has approved the extension project and specifically directed that the County "conduct project
formulation studies for the proposed extension of Runway 11/29, including environmental
documentation and mitigation strategies as more particularly described in the Project Application;"
and
WHEREAS,pursuant to the Grant Agreement between the FAA and the County,Proj ect No.
3-06-0228-18,ContractNo.DTFA08-99-C-30974 dated July 22,1999,("Project-Phase 2")the FAA
has approved the extension project and specifically directed that the County"conduct formulation
studies for the proposed extension of Runway 11/29, including environmental documentation and
mitigation strategies,Phase 2, all as more particularly described in the Project Application;"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-PhaseI and Project-Phase 2 obligate the County
to complete said mitigation; and
WHEREAS,U. S.Army Corps of Engineers("Corps")Permit for San Luis Obispo County
Runway 29 Extension Project(CORPS File 995008100TW) includes under Special Conditions, 1,
that prior to the initiation of construction, the County shall provide a detailed Compensatory
Mitigation Plan or an In-lieu Fee agreement for the purpose of detailing mitigation conformance and
implementation plans. This agreement shall provide assurances of mitigation compliance as required
by U.S.Fish and Wildlife,California Regional Water Quality Control Board and Department of Fish
and Game; and
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AIiE��H�<<5� T L
WHEREAS, in addition to the assurance of mitigation compliance pledged to the
aforementioned agencies,the County is obligated to implement the mitigation measures adopted by •
the County as part of the Findings on the Environmental Impact Report ("EIW') which was
concluded and accepted by the San Luis Obispo County Board of Supervisors on December 1, 1998;
and
WHEREAS,these 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 80 acres
(Exhibit"A'�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 and Land Conservancy have entered into an agreement for preparation
of a habitat restoration plan("Mitigation Plan ') for the entire 80 acre site; and
WHEREAS,the County desires to implement mitigation measures as required by the Corps,
through this agreement and the Mitigation Plan which will be established by the Land Conservancy,
and by the City in providing the necessary site. County compensatory mitigation obligations shall •
include the off-site restoration and compensation of 2.64 acres,which is based on a 3:1 replacement
ratio of.88 acres for the loss and/or disturbance of riparian and wetland habitat associated with the
Unnamed Tributary of the East Fork of San Luis Obispo Creek, including the habitat of the
California red-legged frog and the Southwestern pond turtle; and
WHEREAS,additionally,the City has committed to enter into an agreement with the Land
Conservancy for the purpose of implementing the Mitigation Plan and providing maintenance of the
plan for said property; and
WHEREAS, commencement of the agreement.for preparation of the Mitigation Plan is
contingent upon securing the remaining funding necessary to begin the Mitigation Plan; and
WHEREAS, the City and the Land Conservancy presently have commitments of$15,000
toward funding this Mitigation Plan; and
WHEREAS,the County shall commit an amount not to exceed$30,000 toward funding the
remaining amount necessary for the Land Conservancy to commence work on the Mitigation Plan;
and
WHEREAS, in addition to funding the amount necessary to complete the Mitigation Plan,
the County shall commit an amount not to exceed $200,000 for the purpose of funding the
•
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restoration and maintenance by the Land Conservancy of the 2.64 acres of City owned wetland
• habitat required as part of the mitigation measure. The Mitigation Plan shall establish a per acre
assessment which shall be used to determine the County's total one time obligation for said
mitigation.
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 a 2.64 acre site necessary for the County to meet the
compensatory mitigation measures as required by the Corps.
2. That the County shall fund an amount not to exceed $30,000, payable to the Land
Conservancy for the purpose of providing the funds necessary for the Land
Conservancy to commence work on the Mitigation Plan,pursuant to the agreement
between the City and the Land Conservancy.
3. That upon receipt of the necessary funding from the County,which shall not exceed
$30,000,the Land Conservancy shall commence and diligently pursue completion
of the Mitigation Plan which shall provide the plans and specifications necessary to
establish restoration of the 80 acres purchased by the City as open space and a habitat
restoration site. Land Conservancy shall submit a draft Mitigation Plan to the Corps
• within 90 days from the selection of a mitigation planning consultant. The Corps
shall review the draft Mitigation Plan and offer comments to the Land Conservancy
within 30 days of receipt of the draft Mitigation Plan.
4. The scope of work for the Mitigation Plan, which is included as Exhibit`B", shall
conform with the "Habitat Mitigation and Monitoring Proposal Guidelines"
published by the Los Angeles District of the U.S. Army Corps of Engineers dated
June 1, 1993. The Mitigation Plan shall be prepared by a qualified restoration
ecologist with experience in San Luis Obispo County riparian/wetland ecosystems.
The Mitigation Plan shall, at a minimum, include the following: plant palette;
planting specifications(densities,spacing,etc.);re-vegetation techniques;irrigation
methodology;non-native plant management measures;annual and final performance
criteria (to be used to evaluate success of the restoration efforts); contingency
measures (to be implemented if performance criteria are not net); and, monitoring
schedule for 5-year monitoring period.
5. 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
$200,000 to the Land Conservancy, for the purpose of funding restoration and .
maintenance of a 2.64 acre site located within the 80 acres purchased by the City.
The Land Conservancy shall place said amount in a separate interest bearing account
which shall be restricted by this agreement. Upon acceptance of the final.Mitigation
Plan by the. Corps, the Land Conservancy shall provide the County with the
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established per acre assessment amount and a detailed accounting supporting said
assessment. The Land Conservancy shall refund to the County within 30 days of •
acceptance of the final Mitigation Plan,the difference between the account balance
including accrued interest and the total assessment, which shall be determined by
applying the established per acre assessment times 2.64 acres. This amount shall
completely satisfy the mitigation measures and obligations of the County required by
the Corps.
6. In-lieu Fee funds shall be used solely for activities directly related to aquatic habitat
restoration,enhancement or 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 mitigation parcels. Administrative costs shall be limited to a maximum of
(_%)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.
7. 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 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 by September
1'of each year.
8. Upon acceptance of the Mitigation Plan by the Corps, the Land Conservancy shall
provide a detailed schedule including anticipated time lines for development and
implementation of the Mitigation Plan. 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.
9. The Land Conservancy shall be responsible for mitigation monitoring, and shall
provide annual monitoring reports to the Corps for a minimum of five(5)years from
the date of initiation of restoration work at each mitigation site. 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,
photographs taken from designated photo stations.
•
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• 10. To ensure permanent protection of the mitigation sites, the City shall obtain in-
perpetuity conservation easements or deed restrictions,and cause such conservation
easement or deed restrictions to be recorded at the office of the San Luis Obispo
County Clerk Recorder. All mitigation projects shall be designed to be self-
sustaining in the long term to the maximum extent feasible.
11. 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.
12. Without written approval from the Corps,the Land Conservancy shall not be relieved
of its obligations under this agreement to complete restoration and maintain
mitigation sites at which restoration has been initiated or for which some funds have
already been expended. If the Land Conservancy or Corps cancel the agreement any
unused In-lieu Fee fund monies would be provided to the Corps or to another entity .
approved in writing by the Corps, and used for implementation of aquatic habitat
restoration.
13. 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 these obligations.
////////%/////////////NOTHING FURTHER PAST THIS POINT EXCEPT SIGNATURES//////////////////
C9-7
IN WITNESS THEREOF, the parties hereto have executed this agreement, and this
agreement shall become effective on the date shown signed by the County of San Luis Obispo.
COUNTY OF SAN LUIS OBISPO LAND CONSERVANCY OF SAN LUIS
OBISPO COUNTY
By: By:
Chairperson of the Board Ray Belknap, Executive Director and
Secretary to the Board of Trustees
Authorized by Board action on: Authorized by Board'action on:
92000 . 2000
ATTEST: CITY OF SAN LUIS OBISPO
By:
Clerk of the Board of Supervisors Mayor Allen Settle
By: ATTEST:
Deputy Clerk
APPROVED AS TO FORM AND LEGAL City Clerk •
EFFECT:
APPROVED AS TO FORM:
JAMES B. LINDHOLD,JR.
County Counsel CitZe
ey
j..
By: By:
Deputy County Counsel ff Jorgensen
Date: Date:
F:\PROPMGMMIRPORTNCo_CTy_LCAgmtwpd
•
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CITY OF SAN LUIS OBISPO
FILIPPONI ECOLOGiCAL AREA
(No Public Access at This Time) EXH'.
N.- k '.
I"= 500'
EXHIBIT "B" •
East Fork Wetland Enhancement Project
Scope of Work
A. Contour map (1 foot contours) /Grading Plan/Erosion Control Plan
Establishing a self maintaining wetland area will require very detailed earthwork. A very detailed
site elevation(contour)map will be necessary for preparation of the site grading plan and restoration
design. The grading plan will detail where grading will occur,specify the planned topography of the
site, and include calculations of earth cut and fill. It will also be used by restoration planners to
develop planting plans for the various habitat areas to be enhanced. The plan will include an erosion
control plan that will assure that the site is protected in the early stages of restoration.
B. Detailed ground water study
Wetland potential exists in pockets throughout the site so detailed information about groundwater
depths and locations will be critical to understanding precisely-where wetland enhancement sites will
be located. A ground water study will show the depths to ground water,a necessary ingredient for
a permanent wetland, and indicate where grading should be undertaken to enhance wetlands. •
C. Evaluation of historic oil spill toxicity
The project site was contaminated with oil from the Tank Farm spill of 1928. There is evidence of
oil contamination in the soil horizon along the East Fork,but it is unclear how extensive the deposit
is and what potential pollution may still exist. A sample of the material will be studied and a
recommendation will be made regarding the disposition of this material.
D. Biological inventory baseline
A biological inventory will be completed to assess the quality and quantity of existing resources.
This information will be necessary for project permitting and planning for resource enhancement.
The baseline information will also be used to monitor project success. Finally,it will be used with
the restoration plan to identify the amount and types of new habitat the project will create.
• Plant/habitat community inventory and qualitative assessment
• Wetland delineation
• Special status species habitat evaluation(RLF, Pond turtle, steelhead)
• Identification of potential habitat enhancement areas for each species of concern
•
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• E. Hydro-geomorphology study
The channel of the East Fork is very unstable in it's current condition. A design will be prepared that
describes the optimum channel morphology for site flow conditions. The geomorphology study will
suggest channel capacity,location,and form to ensure a stable riparian corridor. Gradients will also
be studied and recommendations on potential gradient control methods will be included.
F. RestorationIp antingplan
The final step in this proposal is preparation of the restoration/planting plan. This plan will outline
the locations and total acreage of all habitat types to be created and enhanced on this site. This
information is needed by resource agencies for the securing of construction permits.
• Calculations of plant needs
• Establishment of plant palate
• Calculation of habitat creation by habitat type
• Identification of transition zones/transition zone planning(wetland/riparian)
• planting diagram
• Maintenance plan
• Monitoring plan
• Contingency plan
• Performance criteria
• 0 Success criteria
I
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1&50
COUNTY OF SAN LUIS OBISPO AITACHMCNT
acpaRtrncnt of ccncpal scnviccs
COUNTY GOVERNMENT CENTER•SAN LUIS OBISPO,CALIFORNIA 93408•(805)7�
DUANE P.IZIB,DIRECTOR
July 11, 2000 Recc,
/ wqu
Jt
Ms. Tiffany A. R. Welch C"C ' 2 2040
DEPARTMENT OF THE ARMY Rami Uf s•
Los Angeles District,Corps of Engineers n�Stration
Ventura Field Office
2151 Allessandro Drive, Suite 255
Ventura, CA 93001
DEPARTMENT OF THE ARMYPERMIT-APPLICATION NO. 9950081OOTW
Tiffany,we are very close to finalizing our efforts to commence Phase I of the construction for the
extension of Runway 11/29 at the San Luis Obispo County Regional Airport. We have had
significant participation from the various agencies to allow this essential project to move forward.
We welcomed receipt of the Army Corps 404 Permit and accompanying letter of May 31,2000. The
permit addresses numerous migitation measures which we have incorporated in our development
project; however Special Condition 1. required additional consultation with the City of San Luis
Obispo and the Land Conservancy. We believe we offer a mitigation strategy that will satisfy the
condition as has been articulated. The strategy includes a Mitigation Plan endorsed by both the Land
Conservancy and the City of San Luis Obispo,an agreement solidifying the Plan,a set aside of funds
to initiate the Plan,and various other elements to which the County of San Luis Obispo has already
pledged.
The runway extension project is important to the citizenry of San Luis Obispo County. As the only
commercial service airport in the County,our users have become dependent on efficient air travel.
Passenger loads continue to increase, exacerbating an existing high load factor. Due to the short
period of time in which we are allowed to work in the tributary, any delay will extend
commencement ofthe projectinto next year,with conclusion into 2002. This delay could potentially
cost the airport and the airport tenants in excess of$1 million. The airport would lose revenues
relative to landing fees,Passenger Facility Charges,Airport Improvement Program entitlements and
all the synergistic revenues associated with commercial air service. Passengers would continue to
be bumped from flights and luggage removed.due to weight restrictive takeoffs. This is not only
a disservice to the passenger,but is costly to the airlines through the issuance of travel vouchers.
C9-12
AT ACHMI.iV
IT
The runway extension project not only addresses elements of economics,but one of safety as well.
• Although economics impart a role more immediately visible to the public,safety should be a primary
consideration. The 500 feet of additional pavement allows the pilot an additional measure of surety
on landings and takeoffs,the most crucial time of flight when accidents are most likely to occur.
We are committed to adhering to all the mitigation measure requirements relative to this very
important project. Your consideration of the program to be presented to you at our meeting on
Tuesday,July 11, 2000 will a sincerely appreciated.
O
KLAAS NAIRNE
Airports Manager
c-Ray Belknap, Land Conservancy of San Luis Obispo
Neil Havlik, City of San Luis Obispo
Congresswoman Lois Capps
Board of Supervisors of San Luis Obispo County
•
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MEETING AGENDA
DATE 7 2 $'06' ITEM. #
council acEnba
CITY OF SAN LUIS OBISPO
CITY HALL, 990 PALM STREET
IR
7VC'
0 ❑FIN DIR
Tuesday, July �� 200OO FIRE CHIEF
TORNEY ❑PW DIR4:00 P.M. ERKIORIG ❑POLICE CHF
MT TEAM ❑REC DIR
ADDENDUM9WIL DIR:1Z I Pj� ❑PERS DIR
ITEM ADDED: -"4A6Lv i;14
CONSENT AGENDA;' CouncilChamber;
99U:0 l�ri'Stree.t
C9. APPROVAL OF AN IN-LIEU FEE AGREEMENT BETWEEN THE COUNTY OF SAN
LUIS OBISPO, THE CITY OF SAN LUIS OBISPO AND THE LAND CONSERVANCY
OF SAN LUIS OBISPO COUNTY TO FACILITATE COMPENSATORY MITIGATION
FFFORTS AS A RESULT OF THE SAN LUIS OBISPO COUNTY AIRPORT R INWAY
11-29 EXTENSION PROJECT (Hampian/Moss/Havlik)
• 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 the use of
the Filliponi Ecological Area for mitigation purposes, subject to non-substantive changes
approved by the City Attorney and authorize the Mayor to sign the Agreement.
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )ss. AFFIDAVIT OF POSTING
CITY OF SAN LUIS OBISPO )
I, LEE PRICE,being first duly swum,deposes and says: T e i duly a in and qualified City Clerk of the City of
San Luis Obispo and that on July 12, 2000 she caused the above tice ted Obispo City Hall,San Luis Obispo,
California.
Lee P ce,CMC, ity Clerk
San Luis Obispo,California
goRegular City Council meetings are broadcast on KCPR,91.3 FM. The City of San Luis Obispo is committed to include the disabled
in all of its services, programs,and activities. Telecommunications Device for the Deaf(805)781-7410. Please speak to the City Clerk prior
to the meeting H you require a hearing amplification device. For more agenda information,call 781'-7103.
N LEE J-FF,FrAGREEMENT
TO FACELrFATE RESTORATION OF LAND
PARWWAV 11a9 EXTENSION PROJECT
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
supersede any prior agreements between the parties.
WHEREAS,the County is the owner of the San Luis Obispo County Airport;and
WHEREAS, the Airport Master Plan, which was approved by the San Luis Obispo County Board
of Supervisors on December 1, 1998, included approval to extend Runway 11/29 an additional 500 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-
06-0228-17, Contract No. DTFA08-99-30938 dated March 30, 1999, ("Project-Phase 10) the FAA has
approved the extension project and specifically directed that the County "conduct project formulation
studies for the proposed extension of Runway 11/29, including environmental documentation and
mitigation strategies as more particularly described in the Project Application;"and
WHEREAS, pursuant to the Grant Agreement between the FAA and the County, Project No. 3-
06-0228-18, Contract No. DTFA08-99-C-30974 dated July 22, 1999, ("Project-Phase 2") the FAA has
approved the extension project and specifically directed that the County "conduct formulation studies for
the proposed extension of Runway 11/29, including environmental documentation and mitigation
strategies,Phase 2,all as more particularly described in the Project Application;"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-Phasel and Project-Phase 2 obligate the County to
complete said mitigation;and
WHEREAS, U. S. Army Corps of Engineers ("Corps") Permit for San Luis Obispo County
Runway 29 Extension Project (CORPS File 995008100TW) includes under Special Conditions, 1, that
prior to the initiation of construction, the County shall provide a detailed Compensatory Nli igation Plan or
an In lieu Fee agreement for the purpose of detailing mitigation conformance and implementation plans;
and
WHEREAS, this agreement provides fending to the Land Conservancy of San Luis Obispo
County (Land Conservancy) for the purpose of preparing a restoration plan and implementation of
this plan for 264-acres of land. All responsibility for obtaining compliance with the requirements of
the U.S. Fish and Wildlife
required by U.S. Fish and ,Service, Catifornia Regional Water Quality Control Board and
Department of Fish and Game is the responsibility of the County;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 Impact Report ("EIR") which was concluded and
accepted by the San Luis Obispo County Board of Supervisors on December 1, 1998;and
I 1
WHEREAS, these 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 9074 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, theEity-and Land Conservancy f
San Luis Obispo County has prepared a draft Scope of Work for a habitat restoration plan eNkigafien
Plffi�') ; "Restoration Plan")for a portion of the Site;and
WHEREAS, the County desires to implement mitigation measures as required by the Corps,
the City in pfoviding the nesessenr site. Geunty sempensmefy mitigation obligatiens shall -in-elude the off
site resteriee by funding the preparation of the Restoration Plan and 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; and and eempensafien ef 2.6 4 aeFes,
Tfibuwy of the East Fe4E ef Saa Luis Obispo GFeek; ineluding the habitat of the Galifemia Fed legged fre
and the Seuthwestem pend tuFtle;
WHEREAS,the City has indicated a willingness to permit the County to utilize a L64-acre
portion of the Site for mitigation purposes;and
WHEREAS, additienagy, the City has esemffhitted te enter. into an agreement wkh the Land
GOMWWWOY fbF the purpose of implementing the N"gation Plan and previding mainteBanee ef the plan
fer said preper#j;the City has authorized the Land Conservancy to oversee implementation of the
Restoration Plan and provide maintenance of the project on the Site;and
WHEREAS, commencement of the agreement for preparation of the NfifigatienRestoration Plan
is contingent upon securing the remaining funding necessary to begin theMigatieA Klan
M44EREAS, the City and the Land Gensewancay pFesefttly have aemmitments ef$15,000 towaFd
ration Plan;and
WHEREAS, the
amessaFy ity and the Land Conservancy ie ..,......,epee ...e_,, en the
Mitigatienpresently have commitments of$15,000 toward funding this Restoration Plan;and
PkikWHEREAS, the County shall commit an amount not to exceed $30,000 toward funding the
remaining amount necessary for the Land Conservancy to commence work on the Restoration Plan;
and
WHEREAS,in addition to funding the amount necessary to complete the Restoration Plan,
the County shall provide an additional commitment of $200,000 for the purpose of funding the
restoration and maintenance by the Land Conservancy of
m*,ed as pan 64 acres of the Site. County shall be responsible for all construction,
measwe. The Nfifigatien Plan sW eswbfish a per- aeFe assessment whiek sh" be used te detefalifie the
.maintenance, monitoring and administrative costs
I �
necessary to complete the restoration and maintenance of 2.64 acres of land described in the
Restoration Plan.
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 a 164 —Ae2.64-acres within the Site necessary for the
C-efps:restoration.
&L That the County shall fund an amount not to exceed $30,000, payable to the Land
Conservancy for the purpose of providing the fiords necessary for the Land Conservancy
to commence work on the
and the Land Restoration Plan.
4.3. T4mupenUpon receipt of the necessary funding from the County, which shall not exceed
$30,000, the Land Conservancy shall
N"841fief) PIM Whi6h 511811 evelop a Restoration Plan that provides the plans
and design specifications necessary to establish restoration
or a portion of the Site. Land
Conservancy shall submit a draft Restoration Plan to
w 98the County and the City within 120 days from the selection of ainifigatiex
planning consultant. The EerpsCounty shall review the draft Mi WaenRestoration
Plan and offer comments to the Land Conservancy within 30 days of receipt of the draft
Restoration Plan. The Land Conservancy shall consider these comments, make
appropriate Mitigagen Plan. ges to the Restoration Phan and resubmit the
Restoration Plan to the County and City for approval under Paragraph& It is the
responsibility of the County to attain mitigation compliance from the Corps.
4. The seepe Of WeFk fOF the Nfifigatien PhHkRestoration Plan, the scope of which is
included as Exhibit "B", shall conform with the "Habitat Mitigation and Monitoring
Proposal Guidelines" published by the Los Angeles District of the U.S. Army Corps of
Engineers dated June 1, 1993. The MitigetienRestoration Plan shall be prepared by a
qualified restoration ecologist with experience in San Luis Obispo County
ripariantwedand ecosystems. The NfifigefienRestoration Plan shall, at a minimum,
u*
include the following: plant palette; planting specifications (densities, spacing, etc.); re-
vegetation techniques; irrigation methodology; non-native plant management measures;
annual and final performance criteria (to be used to evaluate success of the restoration
efforts); contingency measures (to be implemented if performance criteria are not
net)-met);and,monitoring schedule for 5-year monitoring period.
6.& 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$200,000 to the Land
Conservancy, for the purpose of funding restoration and maintenance of a 264 acre site
lamed widim the 80 aeres peFebased by the rtion of the Site. The Land
Conservancy shall place said amount in a separate interest bearing account wliieMhat
shall be restricted by this agreement. Upon acceptance of the final
11fitigatienRestoration Plan by the Eer:ps;County and City,the Land Conservancy shall
provide the County with a per acre estimate of the costs for restoring the 2.64 acres.
As construction of the oration
begins, the Land Conservancy may draw upon this account to offset all expenses
related to construction, maintenance, monitoring and administration of the 2.64
acres. The Land Conservancy will provide detailed accounting suppetting-
assessment.of all expenses drawn against this account. The Land Conservancy shall
refimd to the County within 30 days of weepwnee of the final Mitigatien NMfollowing
the date when all monitoring requirements associated with restoration of the 2.64
I a
acre site have been completed the difference between the account balance including
accrued interest and the total
ost of restoration. County agrees to provide
additional funding
necessary to complete
restoration,maintenance and monitoring of the 2.64-acre site during the lifespan of
the project The life span of the project begins with construction and extends until
all monitoring is completed. Any additional funding as may be necessary shall be
paid to the Land Conservancy within thirty(30)days of the submission of invoice.
7 6. funds contributed by the County shall be used solely for activities
directly related to aquatic habitat restoration, enhancement or creation, to include
exclusively the following activities: development of ffiitigaiearestoration and
monitoring plans; permit fees; implementation of mifigatienrestoration and monitoring
plans; administrative costs; and long-term management of amen--paFeels.
_ . e 2.64
acres Administrative costs include, but are not limited to, bookkeeping, mar7mg
expenses, pig office supplies, bank fees, training, travel, and staff time directly
related to supporting these expenses and similar activities. Administrative costs do not
include Faitiguiearestoration plan developmem, project. monitoring, purchasing of
property/easements/water rights,permit fees,or long term management.
8:7. The Land Conservancy shall maintain accurate records for expenditure of Ls-�ll
funds contributed by the County 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 shad provide the County and EeFpsCity with an annual
financial report containing a detailed accounting.of how all such momesfr9m the-ka-minx
Fee ds were expended during the preceding year: This report shall be submitted to the
EeFpsCounty and City by September 1a of each year.
9 8. Upon approval of the Restoration Plan
by the County and City, the Land Conservancy shall provide a detailed schedule
including anticipated time lines for development and implementation of the Nfitigatiep
Pla&-Restoration Project: 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.
W.9. The Land Conservancy shall be responsible for mitigatien menite6kitmonitoring and
shall provide anmral monitoring reports to the EeFKounty and City for a mimrmrm 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.
kUo To ensure permanent protection of the mitigation sites, the CityCounty shall obtain in-
and the City shall grant in perpetuity conservation easements or deed restrictions in a
form acceptable to the City, and cause such conservation easement or deed restrictions
to be recorded at the office of the San Luis Obispo County Clerk Recorder.
Conservation easement or deed restriction shall be substantially similar to the
mode conservation easement attached to this document and shall be submitted to
the Corps office Counsel by the County for approval prior to recordation.
Conforming copy of recorded conservation easement or deed restriction shall be
forwarded to the Corps Regulatory Branch by the County. All mitigation projects
shall be designed to be self-sustaining in the long term to the maximum extent fiuisible.
I 4
10. it. 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 parry 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 provide
to the Corps by the County,who shall then determine whether any modifications to
Permit Non.95500819 is warranted.
4-3-12. Without written approval€rem the Ger-ps:by the County,the Land Conservancy shall not
be relieved of its obligations under this agreement to complete restoration and maintain
initigatien sites y portion of the 2.64 acres where restoration has been
initiated or for which some fimds have already been expended_ Provided, however,that
if this Magreement is canceled,the Land Conservancy eF Corpseaneelshall be relieved
of obligations to continue with restoration. County agrees to pay for all continuing
costs for maintenance and monitoring all of or that portion of the 2.64-acre site for
which conduction has been completed. If the agreement is cancelled by any party,
habitat any unused funds maintained by the Land Conservancy in the
account established pursuant to paragraph 5 shaft be provided to an entity
designated in writing by the County,and used for implementation,maintenance and
monitoring of the remainder of the 2.64-acre site that had not been restored at the
date of cancellation. It is the responsibility of the County to obtain approval of such
entity by the Corps.
13. 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 these obligations.
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