DEPARTMENT
Water Enterprise
AGENDA NO.
6c
MEETING DATE August 13, 2024
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Calendar: Consent Calendar
Project Manager: William Sears
Authorize the Use of $1,500,000 for Implementation of the Tuolumne River Mainstem Channel Restoration Upstream of Old La Grange Bridge Project
Summary of
Proposed
Commission Action:
Authorize the use of $1,500,000 for implementation of the Tuolumne River Mainstem Channel Restoration Upstream of Old La Grange Bridge Project.
Background: The San Francisco Public Utilities Commiss ion (SFPUC) has worked with the Modesto and Turlock Irrigati on Districts (the Dist ricts) and the Uni ted States Fish an d Wildl ife Service (USFWS) during the Federal Energy Regulatory Commission (FERC) relicensing process for the Don Pedro Hydropower Project (Don Pedro Projec t) and licensing process for the La Grange Hydropower Project (La Grange Project) to develop mutuall y-acceptable license conditions and proposed habitat improvement projects that will support positive outcomes for Tuolumne River fis heries and natural reso urces while meeting the instream flow, wate r suppl y, and flood c ontrol requirements of the Districts and the SFPUC.
On February 23, 2021, by Resolution No. 21-0028, this Commission authorized the General Manager to execute a Pilot Project Memorandum of Understanding ( Pilot Project MOU) with the Modesto I rrigation District (MID), Turlock Irrigation District (TID), and the United States Fish and Wildlife Service to pursue habitat restoration projects on the Lower Tuolumne River.
The Commission further authorized the General Manager to negotiate and enter into a separate agreement with MID and TID for SFPUC to contribute an amount not -to-exceed $ 1,500,000 for plannin g and design only of potential habitat improvement projects c ontemplated under the Pilot Project MOU.
After the parties signed the Pilot Project MOU, the parties selected the Tuolumne River Mainstem Channel Restoration Upstream of Old La Grange Bridge Project (Project) site as a potential location for habitat improvements. The parties subsequently developed concept designs for the proposed proje ct, and TID applied for authorization from the Stanislaus County Department of Parks and Re creation, the California Environmental Qual ity Act ( CEQA) Lead Agency , in part, to Contract: Approve the Use of Funds for Implementation of the Tuolumne River Mainstem Channel Restoration Upstream of Old La Grange Bridge Project
Commission Meeting Date: August 13, 2024
implement the Project. More information regarding the environmental review for the Project can be found in the Environmental Review section of this agenda item.
In Resolution No. 21-0028, the Commission stated it would review and consider complete CEQA docume nts and/or determinations before contributing financial resources to the imp lementation of projects under the Pilot Project MO U. TID has taken a lead role for the parties and has completed design, planning, and permitting for the Project, obtained a CEQA statutory exemption, and is in the process of Project implementation.
The C EQA statutory exemption determination is the r esult of a collaborative effort among the Tuolumne River Trust (TRT), Tuolumne River Conservancy (TRC), TID, and MID, and covers both the SFPUC/TID/MID Tuolumne River Mainstem Channel Restoration Upstream of Ol d La Grange Bridge Project and the T RT/TRC Basso/La Grange Reach Floodplain and Channel Restoration Project.
This agenda item seeks approval to expend funds , which thi s Commission previously authorized for design and planning purposes (up to $1,500,000) under Resolution No. 21-0028, and for Project implementation activities, in collaboration with the other Pilot Project MOU parties.
Description of
Project Action:
The Tuolumne River Mainstem Channel Restoration Upstream of Old La Grange Bridge Project w ill create new spawning, adult holding, and juvenile rearing habit at for Fall -run Chinook salmon and O. mykiss ( steelhead trout) in the Tuolumne Riv er upstream of Old La Grange B ridge near the town of La Grange, California . The P roject will add c lean, washed gravel to the Tuolumne River in t he form of riffles and gravel bars. In addition to creati ng spawning habitat, t he Project will add large wood features and boulder clusters to increase in-channel habitat complexity and diversi ty, improving cover for juvenile salmonids.
Environmental
Review:
On August 24, 2022, the CEQA Lead Agency , Stanis laus County Parks and Recreation , determined that th e Basso/La Grange Reach Floodplain and Ch annel Restoration Project (which for the purposes of CEQA revi ew included the Tuolumne River Mainstem Channel Restoration Upstream of Old La Grange Bridge Project ) meets all the requirements in Public Resources Code section 21080.56 for a CEQA statutory exemp tion for restoration projects. On September 8, 2022, the Lead Agency requested concurrence from the California Department of Fish and Wildlife (CDFW). On October 28, 2022, t he CDFW Director concur red with the Lead Agency d etermination that the Project m eets the qualifying criteria set forth in Public Resources Code section 21080.56, subdivisions (a) to (d), inclusive.
Contract: Approve the Use of Funds for Implementation of the Tuolumne River Mainstem Channel Restoration Upstream of Old La Grange Bridge Project
Commission Meeting Date: August 13, 2024
The Pr oject f alls within the scope of the habitat improvements authorized by and through the Basso/La Grange Reach Floodplain and Channel R estoration Project and the Tuolumne River Mainstem Channel Restoration Upstream of Old La Grange Bridge Project . If the SFPUC appr oves the use of previously authorized planning and design funding for Project implementation as well, the SFPUC will be a Responsible Agency under CEQA, as a public agency acting within its discretionary approval power to carry out the Project , under CEQA Guidelines sections 15096 and 15381. The SFPUC has reviewed the Lead Agency’s CE QA statutory e xemption for restoration projects determination and the CDFW concurrence determination. Approval of funds to implement the Project is within the scope of t he statutory exemption, which is adequate for SFPUC’s proposed action.
The Lead Agency has adopted a Monitor ing and Maintena nce P lan and has also adopted the mitigation measures include d in the Mitigation M onitoring and Reporting P rogram and has assumed responsibility for their implementation.
On November 14, 2022, the Lead Agency filed a Notice of Exemption for the Project with the Stanislaus County Clerk.
The statutory e xemption, CDFW concurrence d etermination, Notice of Exemption, M itigation Monitoring and Reporting Program, and Monitoring and Maintenance Plan can be fou nd her e:
https://sfpuc.sharefile.com/public/share/web-
s186557dcac11472b8a2f90709e734be2
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The SFPUC has wo rked with the Modesto and Turlock Irrigati on Districts (the Districts) and the Uni ted States Fish an d Wildlife Service (USFWS) during the Federal Energy Regulatory Commission (FERC) relicensing process for the Don Pedro Hydropower Project (Don Pedro Projec t) and licensing process for the La Grange Hydropower P roject (La Grange Project) to develop mutuall y-acceptable license conditions and proposed habitat improvement projects that will supp ort positive outcomes for Tuolumne River fis heries and natural resources while meeting the instream flow, wate r supply, and flood control requirement s of the Districts and the SFPUC; and
WHEREAS, The Pilot Project Memorandum of Understanding presented to the Commission at its February 23, 2021, meeting and on file with the Commission Secretary memorializes the in tent of the SFPUC, the Districts, and U SFWS (the Parties) to cooperate in advancing proposed pilot habitat improvement projects that the Parties may choose to plan, design, implement, or construct in the future pri or to the issuance of FERC licenses for the Don Pedro and La Grange Projects; and
WHEREAS, On February 23, 2021, by Resol ution No. 21-0028, t his Commission authorized the General Manag er to e xecute the Pi lot Project Memorandum of Understanding with the Districts and USFWS in the form on fil e with the Commiss ion Secretary with a total duration to last until FERC issues a new license for the Don Pedro Project and an original license for the La Grange Project; and
WHEREAS, By Resolution No. 21-0028, this Commission further authorized the General Manager to negotiate and enter into a separate agr eement with the Districts for the SFPUC to contribute an amount not-to-exceed $1,500,000 for planning and design only of potential habitat improvement projects contemplated under the Pilot Project MOU; and WHEREAS, Resolution No. 21-0028 required that , prior to the SFPUC committing to implement any pi lot projects, this Commission would review and consider complete California Environmental Quality Act (CEQA) documents and/or determinations; and WHEREAS, The Parties have planned and designed the Tuolumne Ri ver Mainstem Channel Restoration Upstream of Ol d La Grange Bridge Project ( Project) as the initial pilot project under the Pilot Project Memorandum of Understanding; and WHEREAS, On August 24, 2022, Stanislaus County Parks and Recreation, acting as the CEQA Lead Agency, determined that the Basso/L a Grange Reach Floodplain and Channel Restoration P roject (Basso/La Grange P roject), which includes the Project, meets all the requirements in Public Resources Code section 21080.56 for a CEQA statutory exemption for restoration projects; and
WHEREAS, On October 28, 2022, the California Department of Fish and Wildlife (CDFW) concurred with the L ead Agency’s determination that th e Basso/LaGrange Project meets the qualifying criteria set forth in Public Resources Code section 21080.56; and WHEREAS, Appr ova l of funds t o implement the Project is within the s cope of the project evaluated in the statutory exemption determination, which is ade quate for SFPUC’s proposed action; and
WHEREAS, The L ead Agency has adopted a Mitigation Monitoring and Reporting Program and a Monitoring and Maintenance Plan, and has assumed respons ibility for the implementation of these m easures; which together constitute the “procedures and ongoing management for the protect ion of the environment” required under Publi c Resources Cod e section 21080.56, subdivision (c)(2); and
WHEREAS, the statutory exemption, Mitigation Monitoring and Reporting Program, and Monitoring and Maintenance Plan that are part of the record of this approval are availabl e for public review at the SFPUC offices, Natural Resources and Lands Management Division, 525 Golden Gate Avenue, 10th Floor, San Francisco, California; and WHEREAS, Since the Lead Agency adopted the exemption de termination, there have been no substantial changes in the Project, changes in Project circumstances or new information that would change the conclusions set forth in the exemption determination; and WHEREAS, The S FPUC has no direct authority or respons ibility with respect to the Project other than to provide funding to carry out the Project; now, therefore, be it RESOLVED, That this C ommission hereby authorizes the General Manager to expend up to $1,500,000 in funds, previously authorized by Resolu tion No. 21-0028, for th e implementation and co nstruction of the Tuolumne River Mainstem Channel Restoration Upstream of Old La Gr ange Bridge Pr oject in collaboration wit h the other Pilot Project Memorandum of Understanding Parties.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of August 13, 2014.
Director of Commission Affairs,
San Francisco Public Utilities Commission