City Council
AGENDA
Tuesday, February 7, 2023, 4:15 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
The City of San Luis Obispo has returned to in-person meetings. Zoom participation will not be supported. For those attending in-person, the Council Chamber will be at limited capacity and masks are strongly recommended. Council meetings may be viewed remotely on Channel 20 and the City's YouTube Channel: http://youtube.slo.city
INSTRUCTIONS FOR PUBLIC COMMENT:
Public Comment prior to the meeting (must be received 3 hours in advance of the meeting):
Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990 Palm Street, San Luis Obispo, California, 93401.
Email - Submit Public Comments via email to [email protected]. In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting.
Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the agenda item number you are calling about, and leave your comment. Verbal comments must be limited to 3 minutes. Voicemails will not be played during the meeting. *All correspondence will be archived and distributed to councilmembers, however, submissions received after the deadline will not be processed until the following day.
Public Comment during the meeting:
Meetings have returned to an in-person format. To provide public comment during the meeting, you must be present in the Council Chambers.
Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy, Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire to utilize electronic visual aids to supplement their oral presentation are encouraged to provide display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the City Clerk's Office at [email protected] or (805) 781-7114.
Pages
1. CLOSED SESSION: STARTS AT 4:15 PM
1.a CALL TO ORDER
Mayor Erica A. Stewart will call the Closed Session Meeting of the San Luis Obispo City Council to order in the Finance & IT Conference Room at City Hall, 990 Palm Street, San Luis Obispo.
1.b PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
Public comment will only be accepted for Closed Session items.
1.c CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code §54956.9; Name of case: Pamela Langley, Edward Marquez, Christina Malmen, individuals; and Hope’s Village of SLO, a non-profit corporation v. City of San Luis Obispo, a municipality; and DOES 1 to 10, inclusive; United Stated District Court Central District of California Case No. 2:21-cv07479
1.d ADJOURNMENT
The City Council will hold a Regular Meeting on February 7, 2023 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
2. CALL TO ORDER
Mayor Erica A. Stewart will call the Regular Meeting of the San Luis Obispo City Council to order.
3. PLEDGE OF ALLEGIANCE
Vice Mayor Jan Marx will lead the Council in the Pledge of Allegiance.
4. PRESENTATIONS
4.a WATER RESOURCE RECOVERY FACILITY PROJECT UPDATE
Receive a brief update on the Water Resource Recovery Facility (WRRF) Project from Utilities Director Aaron Floyd and Utilities Deputy Director of Engineering & Planning Miguel Barcenas.
4.b CITY MANAGER REPORT
Receive a brief report from City Manager Derek Johnson.
5. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Not to exceed 15 minutes. The Council welcomes your input. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). Staff may be asked to follow up on such items.
6. CONSENT AGENDA
Not to exceed 15 minutes. Matters appearing on the Consent Calendar are expected to be non-controversial and will be acted upon at one time. A member of the public may request the Council to pull an item for discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. The public may comment on any and all items on the Consent Agenda within the three-minute time limit.
Recommendation:
To approve Consent Calendar Items 6a to 6e.
6.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND
ORDINANCES
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
6.b MINUTES REVIEW - JANUARY 12, 2023, JANUARY 17, 2023, AND JANUARY 26, 2023 COUNCIL MINUTES
9 Recommendation:
Approve the following minutes of the City Council:
• January 12, 2023 - Adjourned Meeting
• January 17, 2023 - Regular Meeting
• January 26, 2023 - Special Meeting Community Forum
6.c AUTHORIZATION TO ADVERTISE SAN LUIS OBISPO CREEK BANK REPAIR PROJECT, SPECIFICATION NO. 1000035
21 Recommendation:
Approve the project plans and specifications for the San Luis Obispo Creek Bank Repair Project, Specification No. 1000035; and
1. 2. Authorize staff to advertise for bids; and
Authorize an appropriation of $1,500,000 from the Capital Projects Reserve Fund to the project account (1000035); and
3. Authorize the City Manager to award the Construction Contract for the bid total if the lowest responsible bid is within the Engineer’s Estimate of $1,140,000; and
4. Authorize the City Engineer to approve Contract Change Orders up to the available project budget; and
5. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Mitigated Negative Declaration for the San Luis Creek Bank Repair Project” adopting the final Initial Study – Mitigated Negative Declaration (IS-MND); and
6. Adopt a Draft Resolution entitled, “A Resolution of City Council of the City of San Luis Obispo, California, authorizing use of Capital Projects Reserve Fund to support the San Luis Obispo Creek Bank Repair Project, Specification No. 1000035.”
7. 6.d AUTHORIZATION TO ADVERTISE NORTH BROAD STREET
NEIGHBORHOOD PARK PROJECT, SPECIFICATION NO. 91683
179
Recommendation:
Approve the project plans and special provisions for the North Broad Street Neighborhood Park, Specification Number 91683; and
1. 2. Authorize staff to advertise for bids; and
Authorize the City Manager to award the construction contract for the bid total if the lowest responsible bid is within the engineer’s estimate of $775,000; and
3. Authorize the City Engineer to approve Contract Change Orders up to the available project budget; and
4. Authorize an appropriation of $200,000 from the Capital Projects Reserve Fund to the project account (91683); and
5. Authorize the Finance Director to return unspent Capital Reserve funding to the Capital Projects Reserve Fund balance after project completion; and
6. Adopt a Draft Resolution entitled, “A Resolution of City Council of the City of San Luis Obispo, California, authorizing use of Capital Projects Reserve Fund to support the North Broad Street Neighborhood Park, Specification Number 91683.”
7. 6.e ROADMAP FOR MAXIMIZATION OF RECYCLED WATER 359
Recommendation:
Receive and file an update related to the City’s timing and strategy for maximization of recycled water.
7. PUBLIC HEARING AND BUSINESS ITEMS
7.a FISCAL YEAR 2022-23 MID-YEAR BUDGET REVIEW (Estimated Time: 90 minutes)
367
Recommendation:
Receive and discuss the Mid-Year Budget report based on revised projections for all major funds at the mid-point of the 2022-23 fiscal year; and
1. Adopt a Draft Resolution entitled, “A Resolution of the Council of the City of San Luis Obispo, California, approving
amendments to the adopted 2022-23 Budget Appropriations” and approve the one-time allocations as stated in the Mid-year Budget Report; and
2. Provide direction on whether the one-time budget allocations from the 2021-23 Financial Plan listed in Attachment A – Appendix B should be considered as ongoing expense and
included in the base budget for 2023-25.
3. 8. STUDY SESSION
8.a STUDY SESSION: HOMELESSNESS RESPONSE STRATEGIC PLAN (Estimated Time: 90 minutes)
471
Recommendation:
Hold a Study Session to provide direction on the City’s Draft Strategic Plan Framework for the City’s first Homelessness Response Strategic Plan.
9. LIAISON REPORTS AND COMMUNICATIONS
Not to exceed 15 minutes. Council Members report on conferences or other City activities. At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on their activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2)
10. ADJOURNMENT
The City Council will hold a Special Meeting on Saturday, February 11, 2023 at 8:30 a.m. in the Council Chambers at City Hall. The purpose of this Special Meeting is to hold a Goal Setting Workshop for development of Major City Goals for the 2023-25 Financial Plan.
The City Council will hold a Special Closed Session Meeting on Wednesday, February 15, 2023 at 5:30 p.m. at City Hall, 990 Palm Street, San Luis Obispo.
The purpose of this Closed Session is to conference with Labor Negotiators, Real Property Negotiators, and Legal Counsel regarding pending litigation.
The next Regular Meeting of the City Council will be held on February 21, 2023 at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
LISTENING ASSISTIVE DEVICES for the hearing impaired - see the Clerk.
The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7114 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410.
City Council meetings are televised live on Charter Channel 20 and the City's YouTube Chanel: http://youtube.slo.city. Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal business hours, and on the City’s website
https://www.slocity.org/government/mayor-and-city-council/agendas-andminutes. Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7114.
1 Council Minutes
January 12, 2023, 5:30 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
Council Members
Present:
Council Member Emily Francis, Council Member Andy Pease, Council Member Michelle Shoresman, Vice Mayor Jan Marx, Mayor Erica A. Stewart
City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________
1. CALL TO ORDER
An Adjourned Meeting of the San Luis Obispo City Council was called to order on January 12, 2023, at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo, by Mayor Stewart.
2. PLEDGE OF ALLEGIANCE
Council Member Francis led the Council in the Pledge of Allegiance.
3. PUBLIC COMMENT FOR ITEMS ON THE AGENDA ONLY
Public Comment:
None
--End of Public Comment--
4. BUSINESS ITEM
4.a 2023-25 FINANCIAL PLAN PROCESS, ECONOMIC OUTLOOK,
BUDGET POLICIES, AND CAPITAL IMPROVEMENT PLAN REVIEW
(Estimated Time: 90 minutes)
Finance Director Emily Jackson and Budget Analyst Natalie Harnett provided an in-depth staff report and responded to Council questions.
2 Public Comment:
Damien Mavis
Eric Veium
Jim Dantona
--End of Public Comment--
ACTION: By consensus, the Council provided the following direction:
Support the Goal Setting process
The categories are appropriate
Support adding an Emergency Preparedness/Response station Stations should be thought of more broadly, maybe they are Community Priorities
Supportive of the Financial Policies as presented
Would like to have clarity on tradeoffs when reviewing the Capital Improvement Projects
5. STUDY SESSION
5.a STUDY SESSION ON THE URBAN FORESTRY PROGRAM
(Estimated Time: 75 minutes)
Public Works Director Matt Horn, Deputy Public Works Director of Maintenance Operations Greg Cruce, and Sustainability & Natural Resources Official Bob Hill provided an in-depth staff report and responded to Council questions.
Public Comments:
None
---End of Public Comment---
ACTION: By consensus, the Council provided the following direction:
The size of the program is appropriate
The approach should be evaluated during the full budget process Generally supportive of bifurcating work program
Supportive of not continuing the Commemorative Grove where it is currently located
3 Also supportive of possibly finding a better place for one Supportive for reviewing and updating compensatory planting requirements
Yes, the goals and objectives of the Community Forest Plan are moving in the right direction
Supportive of the complimentary tree give-away or grant program to assist in meeting the 10 Tall initiative
6. ADJOURNMENT
The meeting was adjourned at 9:51 p.m. The next Regular Meeting of the City Council will be held on January 17, 2023, at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
APPROVED BY COUNCIL: XX/XX/2023
1 Council Minutes
January 17, 2023, 5:00 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
Council Members
Present:
Council Member Emily Francis, Council Member Andy Pease, Council Member Michelle Shoresman, Vice Mayor Jan Marx, Mayor Erica A. Stewart
City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________
1. CLOSED SESSION: STARTS AT 5:00 PM
1.a CALL TO ORDER
1.b PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
Public Comments:
None
---End of Public Comment---
1.c CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(APN 001-042-024; 001-042-025)
ACTION: City Attorney Christine Dietrick indicated that the Council provided direction on price and terms and there was no further reportable action.
1.d ADJOURNMENT
Closed Session adjourned at 5:25 p.m.
2. CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on January 17, 2023, at 5:35 p.m. in the Council Chambers, 990 Palm Street, San Luis Obispo, by Mayor Stewart.
3. PLEDGE OF ALLEGIANCE
Mayor Stewart led the Council in the Pledge of Allegiance.
2 4. PRESENTATIONS
4.a CITY MANAGER REPORT
City Manager Derek Johnson provided a report on upcoming projects.
5. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Public Comment:
Dona Here Price
--End of Public Comment--
6. CONSENT AGENDA
Public Comments:
Barry Price - Item 6f
---End of Public Comment---
Motion By Vice Mayor Marx
Second By Council Member Shoresman
To approve Consent Calendar Items 6a to 6f.
Ayes (5): Council Member Francis, Council Member Pease, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart
CARRIED (5 to 0)
6.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Waive reading of all resolutions and ordinances as appropriate.
6.b MINUTES REVIEW - JANUARY 10, 2023, COUNCIL MINUTES
Approve the minutes of the City Council rescheduled Regular Meeting held on January 10, 2023.
6.c APPROVAL OF THE HUMAN RELATIONS COMMISSION FUNDING
RECOMMENDATIONS FOR THE 2023-24 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
To adopt Resolution No. 11385 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the 2023-24 Community Development Block Grant (CDBG) Program” for a total of $425,352.
3 6.d AUTHORIZE REQUEST FOR PROPOSALS FOR THE PREPARATION
OF THE WATER TREATMENT PLANT FACILITY INFRASTRUCTURE
RENEWAL STRATEGY PLAN
1. Approve a Request for Proposals for the Preparation of the Water Treatment Plant Facility Infrastructure Renewal Strategy Plan (Project) and authorize staff to advertise the Project for proposals and bids; and
2. Authorize the City Manager to award the contract for the Project if the bid is within available project funding of $150,000.
6.e FY 2021-22 ANNUAL REPORT ON DEVELOPMENT IMPACT FEES UNDER ASSEMBLY BILL 1600
1. Review and approve the FY 2021-22 Report on Development Impact Fees in compliance with Assembly Bill 1600 (AB 1600) annual disclosure requirements; and
2. Adopt Resolution (11386 (2023 Series) entitled, "A Resolution of the City Council of the City of San Luis Obispo, California, accepting the 2021-22 Annual Report on Development Impact Fees reaffirming the necessity for Development Impact Fees and make findings related to Impact Fee Balances."
6.f APPROVE A COMMUNITY WORKFORCE AGREEMENT FOR THE
PRADO ROAD INTERCHANGE AND PUBLIC SAFETY CENTER
PROJECTS
Authorize the Mayor to enter into a Community Workforce Agreement with the Tri-Counties Building and Construction Trades Council, AFL-CIO and the Signatory Craft Councils and Unions for the Prado Road Interchange and Public Safety Center projects.
7. PUBLIC HEARING AND BUSINESS ITEMS
7.a ADOPTION OF THE CLIMATE ADAPTATION AND SAFETY ELEMENT
UPDATE AND DECLARATION OF NEGATIVE ENVIRONMENTAL
IMPACT (GENP-0436-2022; EID-0437-2022) (Estimated Time: 90 minutes) Community Development Director Michael Codron and Housing Policy & Programs Manager Teresa McClish, Sustainability Manager Chris Read provided an in-depth staff report and responded to Council questions.
4 Public Comments:
Luke Dunn
---End of Public Comment---
Motion By Council Member Pease
Second By Vice Mayor Marx
To adopt Resolution No. 11387 (2023 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo approving and adopting a Negative Declaration of Environmental Impact and Amendments to the Safety Element of the General Plan as represented in the Council Agenda Report and attachments dated January 17, 2023 (GENP-0436-2022 & EID-0437-2022).”
Ayes (5): Council Member Francis, Council Member Pease, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart
CARRIED (5 to 0)
7.b ACCEPTANCE OF THE ANNUAL COMPREHENSIVE FINANCIAL
REPORT FOR FY 2021-22 (Estimated Time: 60 minutes)
Accounting Manager Debbie Malicoat and Ahmed Badawi, Auditor provided an in-depth staff report and responded to Council questions.
Public Comments:
None
---End of Public Comment---
Motion By Vice Mayor Marx
Second By Council Member Shoresman
To accept the Annual Comprehensive Financial Report for Fiscal Year 2021-22.
Ayes (5): Council Member Francis, Council Member Pease, Council Member Shoresman, Vice Mayor Marx, and Mayor Stewart
CARRIED (5 to 0)
5 8. LIAISON REPORTS AND COMMUNICATIONS
Mayor Stewart congratulated Council Member Pease and Vice Mayor Marx on taking over leadership roles at SLOCOG and IWMA.
Council Member Shoresman indicated several Council Members were at the Martin Luther King Day event on Monday, January 16th.
Vice Mayor Marx informed the Council of a site visit IWMA is hosting at Cold Canyon Landfill.
9. ADJOURNMENT
The meeting was adjourned at 7:40 p.m. The City Council has scheduled a Special Meeting for the purpose of holding the 2023-25 Financial Plan Community Forum on Thursday, January 26, 2023 at 6:00 p.m. at the Ludwick Community Center, 864 Santa Rosa Street, San Luis Obispo.
The next Regular Meeting of the City Council will be held on February 7, 2023, at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
APPROVED BY COUNCIL: XX/XX/2023
1 Council Minutes
January 26, 2023, 6:00 p.m.
Ludwick Community Center, 864 Santa Rosa Street, San Luis Obispo Council Members
Present:
Council Member Emily Francis, Council Member Andy Pease, Council Member Michelle Shoresman, Vice Mayor Jan Marx, Mayor Erica A. Stewart
REOC Commissioners
Present:
Commissioner Anthony Bozzano, Commissioner Christopher
Ellwood, Commissioner Steven ‘Tony’ Skapinsky, Vice Chair Keith Dunlop, Chair Jim Hamari
City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________
1. CALL TO ORDER
A Joint Special Meeting of the San Luis Obispo City Council and Citizens' Revenue Enhancement Oversight Commission (REOC) was called to order on Thursday, January 26, 2023 at 6:10 p.m. at the Ludwick Community Center, 864 Santa Rosa Street, San Luis Obispo, by Mayor Stewart.
2. COMMUNITY FORUM
6:00 PM Welcome / Opening
Mayor Stewart provided opening remarks and City Manager Johnson provided an overview of the evening.
6:15 PM 2023-25 Financial Plan Process
Finance Director Emily Jackson provided an overview of the 2023-25 Financial Plan Process and Fiscal Outlook.
6:25 PM Welcome & Instructions
Sommer Kehrli, Facilitator
6:35 PM Community Input
Hosted by various City Staff
2 8:00 PM Public Comment
Facilitated by City Clerk Teresa Purrington
Public Comment
Charley Beck
Dave Christy
Ellie Washington
Ermina Karim
John Dunn
Scott Cleere
Ethan Gutterman
Connor Winnen
Jim Dantona
Hudson Fox
Shana Paulsen
Susan
Taylor Grable
-- End of Public Comment --
8:45 PM Closing Remarks & Next Steps
Mayor Erica A. Stewart
3. ADJOURNMENT
The meeting was adjourned at 8:19 p.m. The next Regular Meeting of the City Council will be held on February 7, 2023, with Closed Session at 4:15 p.m. and the Regular Meeting beginning at 5:30 p.m., in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
_________________________
APPROVED BY COUNCIL: XX/XX/2023
Item 6c
Department: Public Works
Cost Center: 5010
For Agenda of: 2/7/2023
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Wyatt Banker-Hix, Engineer III
SUBJECT: AUTHORIZATION TO ADVERTISE SAN LUIS OBISPO CREEK BANK REPAIR PROJECT, SPECIFICATION NO. 1000035
RECOMMENDATION
1. Approve the project plans and specifications for the San Luis Obispo Creek Bank Repair Project, Specification No. 1000035; and
2. Authorize staff to advertise for bids; and
3. Authorize an appropriation of $1,500,000 from the Capital Projects Reserve Fund to the project account (1000035); and
4. Authorize the City Manager to award the Construction Contract for the bid total if the lowest responsible bid is within the Engineer’s Estimate of $1,140,000; and
5. Authorize the City Engineer to approve Contract Change Orders up to the available project budget; and
6. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Mitigated Negative Declaration for the San Luis Creek Bank Repair Project” adopting the final Initial Study – Mitigated Negative Declaration (IS-MND); and
7. Adopt a Draft Resolution entitled, “A Resolution of City Council of the City of San Luis Obispo, California, authorizing use of Capital Projects Reserve Fund to support the San Luis Obispo Creek Bank Repair Project, Specification No. 1000035.”
POLICY CONTEXT
San Luis Obispo (SLO) Creek is the primary wildlife corridor through the City and houses several endangered species. SLO Creek is also the primary conduit for transporting floodwaters outside of the City. This project aims to enhance critical creek habitat, improve floodwater capacity, and protect both public and private property adjacent to the creek. Implementation of this project helps fulfill the Major City Goal of Climate Action, Open Space and Sustainable Transportation
On May 17, 2022, Council approved a Purchasing Policy Update that requires Council approval for Public Projects with a value of $200,000 or more. The City’s Fund Balance and Reserve Policy was adopted in June 2021 and includes guidelines related to the Capital Projects Reserve Fund, as follows:
Item 6c
The City will maintain a committed reserve of 20% of capital improvement plan budget from the Local Revenue Measure for the purposes of offsetting unanticipated cost increases, unforeseen conditions, and urgent unanticipated projects to provide continued investment in infrastructure maintenance and enhancement. Use and allocations of funds from the Capital Projects Reserve Fund will be made to Capital Projects including Major Facility Replacement upon Council approval as necessary during any fiscal year.
The recommended use of the Reserve to temporarily fund the SLO Creek Bank Repair Project will result in a diminished balance for a short period of time.
DISCUSSION
Background
The banks of SLO Creek have been armored to mitigate flood risks and protect private property throughout City limits. Near the intersection of Pismo Street and Johnson Avenue the southern portion of the creek bank was armored before 1957, when the existing bridge over SLO Creek was erected. This armoring consists of unreinforced concrete, which has been undermined by the creek over the past 60 years.
Prior to our recent Storm Events and declared emergency, and during routine creek maintenance work in summer 2022, staff noticed an erosion pocket had formed approximately 150 feet south of the Johnson Ave bridge. The pocket likely formed as the creek undermined the foundation of the armored bank, which caused portions of the concrete to crack and fall into the creek bed. Other portions of the armored bank were undermined but had yet to fail, and staff included this project as part of the 2019-2021 Financial Plan. This project as described further below and as designed is not eligible for reimbursement under the January 9th 2023 declared storm emergency as it is an existing emergency repair. As staff works through over 100 damage sites related to that emergency, there may be emergency work that occurs nearby and around this project that could be eligible for FEMA and State funding and would be considered separate projects from this existing emergency repair.
Design efforts began in September 2021, which included both design plans and a California Environmental Quality Act (CEQA) environmental document. Construction within creeks require permits, environmental documents and involve complex design.
Staff anticipates start of construction in summer of 2023.
Emergency Work
In September 2022, staff noticed that the project site had deteriorated considerably over the past year and were concerned that a sudden failure of the bank could occur over the Winter. The City Manager authorized staff to initiate an emergency repair project, in which rock slope protection was placed in the areas that were undermined, and trees were removed that could cause flooding concerns. Regulatory agencies were notified and awarded the City emergency work permits.
Item 6c
Emergency work was concluded in November 2022, but the City is now obligated as part of the emergency work permits to complete a permanent design by December 2023.
During this time, staff have continued to pursue a CEQA Initial Study – Mitigated Negative Declaration (IS-MND) as well as final design plans and work permits from regulatory agencies. The Army Corps of Engineers, State Department of Fish and Wildlife, and Regional Water Quality Control Board all have jurisdiction within SLO Creek and are expected to issue permits allowing this project to proceed.
Steps to Completion
Plans for the permanent project involve removal of the temporary rock slope protection installed and installation of a new concrete wall to provide creek bank armoring along the southern slope of the creek. The northern creek bank will see vegetation removal, tree trimming and grading to create an overflow channel along that portion of the creek, increasing capacity and further protecting properties abutting the creek banks. A temporary diversion of the creek will be required for this work, prompting most work to occur during the summer, where creek flows are relatively low.
A completed IS-MND is required before regulatory agencies will review permit applications, and with its successful public comment period staff recommends approval of this document, as well as the project plans, to continue time-critical work related to permitting, advertising, and construction.
Previous Council or Advisory Body Action
Council approved this project as part of the 2019-21 Financial Plan; however, the project was deferred with the 2020-21 Budget Supplement due to the financial impacts of the Covid-19 pandemic. Subsequently, Council approved project funding with the 2021-23 Financial Plan, and additional funding with the 2021-22 Mid-Year Budget to support permitting and design efforts on the project.
Public Engagement
During the CEQA process for Initial Studies, the City is required to reach out regional Tribes and offer consultation about the project. The Salinan Tribe of Monterey and San Luis Obispo Counties was the only tribe to respond, requesting consultation due to concerns over undiscovered resources near the creek bank. Tribal monitors were present during the emergency work and found no evidence of artifacts or habitation in the project area. The City and Salinan tribe agree that further consultation is no longer needed. In addition, based on the Tribe’s observations during monitoring of the emergency work, monitoring during implementation of the permanent project is not requested by the Tribe.
The City is the lead agency for the CEQA document, and after preparation of the document, it was circulated to the public and sent to State/Federal/Tribal agencies for review. There were no comments received from any agency, Tribe, or member of the public during or following the required 30-day public review period.
Affected residences were informed 72 hours prior to the start of emergency work. During the permanent repair work, staff will distribute regular notices and social media updates before, during and after construction to ensure the public is informed of activities.
Item 6c
CONCURRENCE
The Office of Sustainability, Community Development Department, and Public Works Department concur with the recommendations of this report.
ENVIRONMENTAL REVIEW
An Initial Study – Mitigated Negative Declaration (IS-MND) was prepared for this project.
The IS-MND identifies potentially significant impacts to the following environmental resources: aesthetics, air quality, biological resources, cultural resources, geology and soils, hydrology and water quality, noise, and tribal cultural resources. Mitigation measures are proposed that would reduce all identified impacts to less-than-significant.
The IS-MND and Notice of Availability/Notice of Intent (NOA/NOI) to Adopt a Mitigated Negative Declaration was circulated for public and agency review from November 28 to December 28, 2022. The IS-MND was submitted to the State Clearinghouse, who distributed it to affected state agencies. Staff provided the NOA/NOI and IS-MND to federal and local agencies, Tribes, and interested parties. The document and required notices were posted on the City’s website.
No comments were received during the public review period. Minor clarifications regarding Tribal consultation and associated mitigation recommendations have been incorporated into the Initial Study. This clarification reflects the final request from the Salinan Tribe and does not result in a change in the impact determination for any resource or any new significant impacts. Therefore, pursuant to CEQA Guidelines Section 15073.5, recirculation of the IS/MND is not required prior to consideration of adoption by the City Council.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2022-23
Funding Identified: Yes
Fiscal Analysis:
The 2019-21 Financial Plan identified the need and provided minimal funding for this project; however, project funding was deferred due to the financial impacts of the Covid19 pandemic.
As part of the 2021-23 Financial Plan, Council appropriated design budget of $92,272. At that time, project scope was underestimated, and the resulting design effort required additional funding. This was provided as part of the 2021-22 Mid Year Budget adjustment, which provided and additional budget appropriation of $175,000.
When Staff authorized emergency work, an additional $225,000 was transferred from the Storm Drain Annual Asset Maintenance Account to the project account in October 2022.
These funds have been spent to complete the emergency construction work, as well as the additional design and inspection services required.
Item 6c
In order to expedite the advertising and award of this project, and to ensure that construction services start as soon as allowed based on the permitting window, staff proposes to transfer funds from the Capital Projects Reserve Fund and program a refunding of the reserve into the 2023-25 Financial Plan to assure that the reserve remains at policy required levels. Construction work is anticipated to begin early June, and inspection/permitting services will be required as soon as February.
There is currently sufficient budget to continue design and permitting services. Staff anticipates with the recommended appropriation of Capital Projects Reserve to the project account; the project will be fully funded.:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $140,198 $140,198 $0
Fees
Other: Capital
Reserve Funds
Balance
$1,918,708 $1,500,000 $418,708
Total $2,058,906 $1,640,198 $418,7081 N/A
1 The Capital Reserve Fund’s current balance is $1,918,708 to support this request of $1,500,000.
Concurrent with this request is a request to support the North Broad Street Neighborhood Park project (Specification Number 91863) with a funding amount of $200,000 from the Capital Projects Reserve Fund account. If Council approves both this project’s funding request and the SLO Creek Bank Repair project funding request the Capital Reserve Fund will have a balance of $218,708.
ESTIMATED PROJECT COST BY FUNDING SOURCE
San Luis Creek Bank Repair Project, Specification 1000035 Project
Account
(1000035)
Capital
Reserve Fund
Total Project
Funding
Construction Estimate: $0 $1,140,000 $1,140,000
Contingency (15%): $0 $171,000 $171,000
Construction Total: $0 $1,311,000 $1,311,000
Special Inspections and Biological
Monitoring: $140,198 $109,802 $250,000
Permitting Fees: $0 $10,000 $10,000
Printing and Advertising: $0 $500 $500
Total Project Costs: $140,198 $1,431,302 $1,571,500
Current Project Balance: $140,198 $0 $140,198
Available Funding: $140,198 $1,918,708 $2,058,906
Requested Funding $140,198 $1,500,000 $1,640,198
Concurrent request from North Broad
Street Neighborhood Park (Spec
91863):
$0 $200,000 $200,000
Funds Remaining: $0 $218,708 $218,708
Item 6c
ALTERNATIVES
1. Decline Adoption of the IS-MND. Council could choose not to adopt the IS-MND.
Staff does not recommend that option, as the project cannot be advertised and moved forward prior to the adoption of the IS-MND.
2. Deny or Defer Authorization to Advertise. Council could choose to not advertise this project or do so at a later date. Staff does not recommend this option, as it would delay the project and likely force construction later than Summer 2024, violating existing agreements with permitting agencies.
ATTACHMENTS
A – Project Plans
B – Project Specifications
C – Draft Resolution approving the SLO Creek Bank Repair IS-MND D – SLO Creek Bank Repair IS-MND
E – Draft Resolution Authorizing use of Capital Reserve Fund for Specification 1000035
Reference Documents:
City Standard Specifications - August 2020 EditionCity Engineering Standards - August 2020 Edition index to plans
sheet no. description
general notes:
basis of bearing:
san luis obispo county, california
APPROVED BY
SPECIFICATION NO. DATE
of
SHEET
Brian Nelson, City Engineer Approved Date
12/16/2022 1 16
CITY OF SAN LUIS OBISPO,
PUBLIC WORKS DEPARTMENT
ATTN: WYATT BANKER-HIX
919 PALM STREETSAN LUIS OBISPO, CA 93401
PHONE:(805)783-7859
CANNON
ATTN: JOHN W. EVANS
1050 SOUTHWOOD DRIVE
SAN LUIS OBISPO, CA 93401
PHONE:(805)544-7407
contact information
owner civil engineer NO. 54105
EXP.
PROJECT SITE
legend:
project information:
preliminary drawings
benchmark:
NO. 79870
BRIAN NELSON
EXP.
1000183
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
1000035
(FORMERLY ESSEX ST.)
CITY SPECIFICATION NO.DATE:
PROJECT TITLE:
SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:
SAN LUIS OBISPO CREEK BANK STABILIZATION
NEAR JOHNSON
JWE
ALM
AR
12/16/2022
16 NO. 54105
EXP.
BN
1000183
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
1"=10'
2 LOCATION MAP
(FORMERLY ESSEX ST.)
CITY SPECIFICATION NO.DATE:
PROJECT TITLE:
SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:
SAN LUIS OBISPO CREEK BANK STABILIZATION
NEAR JOHNSON
JWE
ALM
AR
12/16/2022
16 NO. 54105
EXP.
BN
1000183
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
1"=10'
3 CREEK IMPROVEMENT PLAN
CITY SPECIFICATION NO.
DATE:
PROJECT TITLE:
SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:
SAN LUIS OBISPO CREEK BANK STABILIZATION
NEAR JOHNSON
JWE
ALM
AR
12/16/2022
16 NO. 54105
EXP.
BN
1000183
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
1"=5'
4 CREEK IMPROVEMENT CROSS-SECTION
LOCATIONS
CITY SPECIFICATION NO.
DATE:
PROJECT TITLE:
SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:
SAN LUIS OBISPO CREEK BANK STABILIZATION
NEAR JOHNSON
JWE
ALM
AR
12/16/2022
16 NO. 54105
EXP.
BN
1000183
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
1"=5'
5 CREEK CROSS-SECTIONS
CITY SPECIFICATION NO.
DATE:
PROJECT TITLE:
SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:
SAN LUIS OBISPO CREEK BANK STABILIZATION
NEAR JOHNSON
JWE
ALM
AR
12/16/2022
16 NO. 54105
EXP.
BN
1000183
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
1"=5'
6 CREEK CROSS-SECTIONS
CITY SPECIFICATION NO.
DATE:
PROJECT TITLE:
SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION
SAN LUIS OBISPO CREEK BANK STABILIZATION
NEAR JOHNSON
VAVA
MRP
12/16/2022
16 No. S5101
1000183
BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
AS SHOWN
STRUCTURAL GENERAL NOTES
7
CITY SPECIFICATION NO.
DATE:
PROJECT TITLE:
SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION
SAN LUIS OBISPO CREEK BANK STABILIZATION
NEAR JOHNSON
VAVA
MRP
12/16/2022
16 No. S5101
1000183
BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
AS SHOWN
STRUCTURAL GENERAL NOTES
8
CITY SPECIFICATION NO.
DATE:
PROJECT TITLE:
SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION
SAN LUIS OBISPO CREEK BANK STABILIZATION
NEAR JOHNSON
VAVA
MRP
12/16/2022
16 No. S5101
1000183
BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
AS SHOWN
STRUCTURAL GENERAL NOTES
9
1 234
CITY SPECIFICATION NO.DATE:
PROJECT TITLE:
SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION
SAN LUIS OBISPO CREEK BANK STABILIZATION
NEAR JOHNSON
VAVA
MRP
12/16/2022
16 No. S5101
1000183
BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
AS SHOWN
STRUCTURAL TYPICAL DETAILS
10
1 2
CITY SPECIFICATION NO.DATE:
PROJECT TITLE:
SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION
SAN LUIS OBISPO CREEK BANK STABILIZATION
NEAR JOHNSON
VAVA
MRP
12/16/2022
16 No. S5101
1000183
BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
AS SHOWN
STRUCTURAL DETAILS
11
1 2
3 CITY SPECIFICATION NO.DATE:
PROJECT TITLE:
SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION
SAN LUIS OBISPO CREEK BANK STABILIZATION
NEAR JOHNSON
VAVA
MRP
12/16/2022
16 No. S5101
1000183
BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
AS SHOWN
STRUCTURAL DETAILS
12
1 23 456 7
CITY SPECIFICATION NO.DATE:
PROJECT TITLE:
SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION
SAN LUIS OBISPO CREEK BANK STABILIZATION
NEAR JOHNSON
VAVA
MRP
12/16/2022
16 No. S5101
1000183
BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
AS SHOWN
STRUCTURAL DETAILS
13
1 2
CITY SPECIFICATION NO.DATE:
PROJECT TITLE:
SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION
SAN LUIS OBISPO CREEK BANK STABILIZATION
NEAR JOHNSON
VAVA
MRP
12/16/2022
16 No. S5101
1000183
BN
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
AS SHOWN
STRUCTURAL DETAILS
14
15 NTS
SITE PHOTOS
CITY SPECIFICATION NO.DATE:
PROJECT TITLE:
SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:
SAN LUIS OBISPO CREEK BANK STABILIZATION
NEAR JOHNSON
JWE
ALM
AR
12/16/2022
16 NO. 54105
EXP.
BN
1000183
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
CITY SPECIFICATION NO.
DATE:
PROJECT TITLE:
SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:
SAN LUIS OBISPO CREEK BANK STABILIZATION
NEAR JOHNSON
JWE
ALM
AR
12/16/2022
16 NO. 54105
EXP.
BN
1000183
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
N.T.S.
16 DETAILS
SPECIAL PROVISIONS
FOR
CITY OF SAN LUIS OBISPO
San Luis Obispo Creek Bank Stabilization Near Johnson
Specification No. 1000183
September 2022
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
1000035
San Luis Obispo Creek Bank Stabilization Near Johnson
Specification No. 1000183
Approval Date: <<date of CM or CAR Report Authorizing Advertisement>> <<Engineer of Record Stamp>>
<<Signature Date>>
<<Signature Date>>
TABLE OF CONTENTS
NOTICE TO BIDDERS..................................................................................................... I BID SUBMISSION ......................................................................................................................................I BID DOCUMENTS ....................................................................................................................................II PROJECT INFORMATION........................................................................................................................II QUALIFICATIONS....................................................................................................................................III AWARD ....................................................................................................................................................IV ACCOMMODATION..................................................................................................................................V BID FORMS ....................................................................................................................A
BID ITEM LIST FOR SAN LUIS OBISPO CREEK BANK STABILIZATION NEAR JOHNSON, SPECIFICATION NO. 1000183 ................................................................................................................A LIST OF SUBCONTRACTORS................................................................................................................ C PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT.............................................................. D PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE......................................................... D PUBLIC CONTRACT CODE SECTION 10232 STATEMENT ................................................................. D LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................... D NON-COLLUSION DECLARATION..........................................................................................................F BIDDER ACKNOWLEDGEMENTS.......................................................................................................... G QUALIFICATIONS.................................................................................................................................... H ATTACH BIDDER'S BOND TO ACCOMPANY BID...................................................................................I SPECIAL PROVISIONS.................................................................................................. 1 DIVISION I GENERAL PROVISIONS.......................................................................................................1 1 GENERAL...........................................................................................................................................1 2 BIDDING.............................................................................................................................................1 3 CONTRACT AWARD AND EXECUTION............................. ERROR! BOOKMARK NOT DEFINED. 4 SCOPE OF WORK .............................................................................................................................2 5 CONTROL OF WORK ........................................................................................................................2 6 CONTROL OF MATERIALS................................................. ERROR! BOOKMARK NOT DEFINED. 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC .......................................................5 8 PROSECUTION AND PROGRESS ...................................................................................................6 9 PAYMENT...........................................................................................................................................6 DIVISION II GENERAL CONSTRUCTION ...............................................................................................7 12 TEMPORARY TRAFFIC CONTROL ................................................................................................7 13 WATER POLLUTION CONTROL.....................................................................................................9 14 ENVIRONMENTAL STEWARDSHIP ...............................................................................................9 16 TEMPORARY FACILITIES.............................................................................................................10 DIVISION III EARTHWORK AND LANDSCAPE.....................................................................................12 17 GENERAL.......................................................................................................................................12 APPENDIX A - FORM OF AGREEMENT ....................................................................... 0
NOTICE TO BIDDERS
i
NOTICE TO BIDDERS
BID SUBMISSION
Sealed bids will be received by the City of San Luis Obispo at the Public Works Administration Office located at 919 Palm Street, San Luis Obispo, California 93401, until 2:00 p.m. on XXX XX, 2023
at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope plainly marked:
San Luis Obispo Creek Bank Stabilization Near Johnson, Specification No. 1000183 Any bid received after the time and date specified will not be considered and will be returned to the bidder unopened. Bids received by Fax or Email will not be considered.
By submission of bid you agree to comply with all instruction and requirements in this notice and the contract documents.
All bids must be submitted on the Bid Item List form(s) provided and submitted with all other Bid Forms included in these Special Provisions.
Each bid must be accompanied by either a:
1. certified check
2. cashier's check
3. bidder's bond
made payable to the City of San Luis Obispo for an amount equal to ten percent of the bid amount as a guaranty. Guaranty will be forfeited to the City San Luis Obispo if the bidder, to whom the contract is awarded, fails to enter into the contract.
The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive any informality in a bid.
All bids are to be compared based on the City Engineer's estimate of the quantities of work to be done, as shown on the Bid Item List.
Bids will only be accepted from bidders that are licensed in compliance with the provisions of Chapter 9, Division III of Business and Professions Code.
The award of the contract, if awarded, will be to the lowest responsive bid submitted by a responsible contractor whose bid complies with the requirements prescribed. If the contract is awarded, the contract will be awarded within 60 calendar days after the opening of the bids.
Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of those defects.
NOTICE TO BIDDERS
NOTICE TO BIDDERS
ii
BID DOCUMENTS
A copy of the plans and special provisions may be downloaded, free of charge, from the City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bidsproposals A printed copy may be obtained at the office of the City Engineer by paying a nonrefundable fee of:
1. $15.00 if picked up in person, or
2. $25.00 if by mailing to the office of the City Engineer Request must include Specification Number. The office of the City Engineer is located at:
919 Palm Street
San Luis Obispo, CA 93401
Standard Specifications and Engineering Standards referenced in the Special Provisions may be downloaded, free of charge, from the City’s website at:
www.slocity.org/government/department-directory/public-works/documentsonline/construction-documents A printed copy may be obtained by paying a non-refundable fee of:
1. $30.00 if picked up in person, or
2. $40.00 if by mailing to the office of the City Engineer You are responsible to obtain all issued addenda prior to bid opening. Addenda will be available to download at the City’s website listed above or at the office of the City Engineer.
Contact the project manager, <<INSERT NAME>> at <<INSERT PHONE NUMBER>> or the Public Works Department at (805) 781-7200 prior to bid opening to verify the number of addenda issued.
You are responsible to verify your contact information is correct on the plan holders list located on the City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bidsproposals.
PROJECT INFORMATION
In general, the project << INSERT GENERAL DESCRIPTION – AVOID INSERTING
DETAILS THAT COULD BE IN CONFLICT WITH OTHER PORTIONS OF THE DOCUMENT >> (TO BE PROVIDED WITH 100% SUBMITTAL)
NOTICE TO BIDDERS
NOTICE TO BIDDERS
iii
The project estimated construction cost is $X,XXX,XXXX
Contract time is established as <<XX>> working days.
The fixed liquidated damages amount is established at $500 per day for failure to complete the work within the contract time.
In compliance with section 1773 of the Labor Code, the State of California Department of Industrial Relations has established prevailing hourly wage rates for each type of workman. Current wage rates may be obtained from the Division of Labor at:
https://www.dir.ca.gov/oprl/DPreWageDetermination.htm
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
QUALIFICATIONS
You must possess a valid Class A Contractor's License at the time of the bid opening.
You and any subcontractors required to pay prevailing wage must be registered with the Department of Industrial Relations pursuant to Section 1725.5 of the Labor Code.
You must have experience constructing projects similar to the work specified for this project. Provide three similar reference projects completed as either the prime or subcontractor. All referenced projects must have been completed within the last five years from this project’s bid opening date.
One of the three reference projects must have been completed under contract with a city, county, state or federal government agency as the prime contractor. ## of the referenced projects must be for <<XXXX>>.
Failure to provide reference projects as specified in this section and as required on the qualification form is cause to reject a bid as being non-responsive.
The City reserves the right to reject any bid based on non-responsiveness if a bidder fails to provide a bid that complies with all bidding instructions.
The City reserves the right to reject a responsive bid based on the non-responsibility of the bidder if the Director of Public Works or Designee finds, after providing notice and a hearing to the bidder, that the bidder lacks the
1. knowledge
2. experience,
NOTICE TO BIDDERS
NOTICE TO BIDDERS
iv
3. or is otherwise not responsible
as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project in the best interest of the City.
Rejected bidders may appeal this determination. Appeal must comply with the requirements in this Notice to Bidders.
It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive bid submitted by a responsible bidder. If in the bidder’s opinion the contract has been or may be improperly awarded, the bidder may protest the contract award.
Protests must be filed no later than five working days after either:
1. bid opening date
2. notification of rejected bid.
Protest must be in writing and received by the project manager located at:
919 Palm Street
San Luis Obispo, CA 93401.
Valid protests must contain the following information:
1. the reasons for the protest
2. any supporting documentation
3. the ruling expected by the City to remedy the protest.
Any protest not containing all required information will be deemed invalid and rejected.
The City will consider additional documentation or other supporting information regarding the protest if submitted in compliance to the specified time limits. Anything submitted after the specified time limit will be rejected and not be considered.
The Director of Public Works or Designee may request additional information to be submitted within three days of the request, unless otherwise specified, and will notify the protester of ruling within ten days of determination.
If the protester is not satisfied with ruling, the protester may appeal the ruling to the City Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code.
Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will make public records available upon request.
AWARD
The lowest bidder will be determined using the BID TOTAL.
As a condition to executing a contract with the City, two bonds each equal to one hundred percent of the total contract price are required in compliance with Section 3-1.05 of the Standard Specifications.
NOTICE TO BIDDERS
NOTICE TO BIDDERS
v
You may substitute securities for moneys withheld under the contract in compliance with the provisions of the Public Contract Code, Section 10263.
ACCOMMODATION
If any accommodations are needed to participate in the bid process, please contact Argelia Chang at (805) 781-7200 or by Telecommunications Device for the Deaf at (805) 781-7107. Requests should be made as early as possible in the bidding process to allow time for accommodation.
BID FORMS
A
BID FORMS
All bid forms must be completed and submitted with your bid. Failure to submit these forms and required bid bond is cause to reject the bid as nonresponsive. Staple all bid forms together.
THE UNDERSIGNED, agrees that they have carefully examined:
1. the location of the proposed work
2. the plans and specifications
3. read the accompanying instructions to bidders
and propose to furnish all:
4. materials
5. labor
to complete all the required work satisfactorily in compliance with
6. plans
7. specifications
8. special provisions
for the prices set forth in the bid item list:
BID ITEM LIST FOR SAN LUIS OBISPO CREEK BANK STABILIZATION NEAR JOHNSON, SPECIFICATION NO. 1000183
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures) 1 1
Mobilization and
Demobilization
1 LS
2 12
Traffic Control
System/Lane Closure
Staging Area
1 LS
3 13 Prepare Storm Water
Pollution Prevention Plan
1 LS
4 Construction Staking 1 LS
5 15 Clearing and Grubbing 1 LS
6 21 Temporary Erosion Control 1 LS
7 Environmental Monitoring,
Analysis & Reporting
1 LS
8 15 Cut Willow Trees 4 EA
9 15 Tree Trimming 5 EA
10 19 Secondary Flow Channel
Grading
125 CY
11 16 Install Temporary Check
Dams
3 EA
12 16 Install Temporary Ramps
for Personal Access
2 EA
BID FORMS
BID FORMS
B
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures) 13 71 Install Temporary Bypass
Drain Line, 15" HDPE
215 LF
14 71,74 Install Temporary Sump
and Sump Pump
1 LS
15 71,74 Install Temporary 2" PVC
Drain Line
195 LF
16 72
Install 3' Wide, 2' Deep, 6"-
8" Diameter Angular Rock
over Non-Woven
Geotextile Fabric, Method
B Placement
345 SF
17 51 Install 6" High Concrete
Weir
3 LS
18 60,21 2-Sack Cement Slurry for
Existing Erosion Hole
9 CY
19 46,51,
53 Soil Nail Wall (Including
coring existing concrete
slab slope protection)
990 SF
20 20 Re-Vegetation 3500 SF
Bid Total (or Base Bid) $
31 32
33 34
35 36
37 38
39 40
Alternate Bid Total $
Total Project Bid = (Base Bid + Alternative Bid) $
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required work.
BID FORMS
BID FORMS
C
LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2-1.33C of the standard specifications, the Bidder is required to furnish the following information for each Subcontractor performing more than 1/2 percent (0.5%) of the total base bid. Do not list alternative subcontractors for the same work. Subcontracting must not total more than fifty percent (50%) of the submitted bid except as allowed in section 5-1.13 of the standard specifications.
For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth of work need not be mentioned. Subcontractors required to pay prevailing wage, must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 to be listed.
NOTE: If there are no subcontractors, write “NONE” and submit with bid.
Name Under Which
Subcontractor is Licensed License Number
DIR Public
Works
Registration
Number
Address and Phone
Number of Office, Mill or
Shop
Specific
Description of
Subcontract
% of
Total
Base
Bid
Attach additional sheets as needed.
BID FORMS
BID FORMS
D
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In compliance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder, or any subcontractor to be engaged by the bidder, has ____, has not ____ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
NOTE: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature portion constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In compliance with Public Contract Code Section 10162, the Bidder must complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes No
If the answer is yes, attach a letter explaining the circumstances PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In compliance with Public Contract Code Section 10232, you hereby state under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against you within the immediately preceding two-year period because of your failure to comply with an order of a federal court which orders you to comply with an order of the National Labor Relations Board.
LABOR CODE SECTION 1725.5 STATEMENTS
The bidder has delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. Any judgment, order, or determination that is
BID FORMS
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E
under appeal is excluded, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means.
Yes No
The bidder is currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works.
Yes No
NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on the signature portion constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
BID FORMS
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F
NON-COLLUSION DECLARATION
I, , declare that
I am of ,
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrained from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Executed on , 20 , in __
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
(Signature and Title of Declarant)
(SEAL)
Subscribed and sworn to before me
this _______day of _________, 20_____
Notary Public
Company Name:____________________
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BIDDER ACKNOWLEDGEMENTS
By signing below, the bidder acknowledges and confirms that this bid is based on the information contained in all contract documents, including the notice to bidders, plans, specifications, special provisions, and addendum number(s) . (Note: You are responsible to verify the number of addenda prior to the bid opening.)
The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid will become the property of the City of San Luis Obispo.
Licensed in accordance with an act providing for the registration of contractors, License No. , Expiration Date .
The above statement is made under penalty of perjury, and any bid not containing this information "will be considered non-responsive and will be rejected” by the City.
Signature of Bidder
(Print Name and Title of Bidder)
DIR– Public Works
Registration No:
Business Name (DBA):
Owner/Legal Name:
Indicate One: Sole-proprietor Partnership Corporation List Partners/Corporate Officers:
Name Title
Name Title
Name Title
Business Address
Street Address
Mailing Address
City, State, Zip Code
Phone Number
Fax Number
Email Address
Date
BID FORMS
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H
QUALIFICATIONS
Failure to furnish complete reference information ON THIS FORM, as specified in this project’s Notice to Bidders and indicated below, is cause to reject the bid. Additional information may be attached but is not a substitute for this form.
Reference Number 1
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid
or did this project include xxx activity?
Yes □ No □
Describe the services provided and how this project is similar to that which is being bid:
Date project completed:
Was this contract for a public
agency?
Yes □ No □
Reference Number 2
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid
or did this project include xxx activity?
Yes □ No □
Describe the services provided and how this project is similar to that which is being bid:
Date project completed:
Was this contract for a public
agency?
Yes □ No □
Reference Number 3
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Is this similar to the project being bid
or did this project include xxx activity?
Yes □ No □
Describe the services provided and how this project is similar to that which is being bid:
Date project completed:
Was this contract for a public
agency?
Yes □ No □
BID FORMS
BID FORMS
I
ATTACH BIDDER'S BOND TO ACCOMPANY BID
Know all men by these presents:
That we ____________________________________________, AS PRINCIPAL, and _______________________________________________________, AS SURETY, are held and firmly bound unto the City of San Luis Obispo in the sum of:
____________________________________________________ Dollars (_____________) to be paid to said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above bounden ______________________________________________________________________ to construct ___________________________________________________________________ (insert name of street and limits to be improved or project) dated _____________________ is accepted by the City of San Luis Obispo, and if the above bounden _______________________________________________________, his heirs, executors, administrators, successors, and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within ten (10) days (not including Saturdays, Sundays, or legal holidays) after the above bounden,
______________________________________________________, has received notice by and from the said City of San Luis Obispo that said contract is ready for execution, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we hereunto set our hands and seals this ___ day of ______, 20____.
Bidder Principal:
Signature Date
Title:
Surety:
Bidder's signature is not required to be notarized. Surety's signature must be notarized.
Equivalent form may be substituted
(Rev. 6-30-14)
SPECIAL PROVISIONS
1 SPECIAL PROVISIONS
ORGANIZATION
Special provisions are under headings that correspond with the main section heading of the Standard Specifications. Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications. Any paragraph added or deleted by a revision clause does not change the paragraph number of the Standard Specifications for any other reference to a paragraph of the Standard Specifications.
DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to Section 1-1.01 GENERAL:
The work must be done in compliance with the City of San Luis Obispo, Department of Public Works:
1. San Luis Obispo Creek Bank Stabilization Near Johnson Special Provisions
2. City of San Luis Obispo Standard Specifications and Engineering Standards – 2020 edition
3. State of California, Department of Transportation Standard Specifications and Standard Plans – 2018 edition
In case of conflict between documents, governing ranking must comply with section 5-
1.02 of the City of San Luis Obispo’s Standard Specifications.
Failure to comply with the provisions of these sections is a material breach of contract:
1. Sections 5 through 8 of the Standard Specifications
2. Section 12 through 15 of the Standard Specifications
3. Section 77-1 of the Standard Specifications
4. Section 81 of the Standard Specifications
5. authorized working hours
6. OSHA compliance
2 BIDDING
Replace Section 2-1.33A BID DOCUMENT COMPLETION AND SUBMITTAL, General with:
Furnish bid using blank forms provided in the Special Provisions. Bid must include all forms and must be signed by the bidder.
Add Section 3-1.18B CONTRACT EXECUTION, Building Permit:(For Projects requiring a Building Permit)
3-1.18B Building Permit
The contractor must obtain a no-fee building permit from the Community Development Department. All requirements of the building permit shall be applied to the project.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
2 4 SCOPE OF WORK
Add Section 4-1.01A GENERAL, Location of Project:
The Work is located at the intersection between Johnson Avenue and Pismo Street in San Luis Obispo, CA 93401. The portion of San Luis Obispo (SLO) Creek is armored along the southern bank between the Johnson Creek Bridge and Toro Street Bridge.
Add to Section 4-1.03 WORK DESCRIPTION:
Comply with the provisions of Section(s) X [these section number should match the SS numbers listed in the Bid Item List]….for general, material, construction, and payment specifics.
5 CONTROL OF WORK
Add to Section 5-1.20, COORDINATION WITH OTHER ENTITIES:
It shall be the duty of the Contractor of this project to contact the adjacent communications companies and contractors of any other adjacent projects under construction and to coordinate the work to avoid any delays or inconvenience to any project. The Contractor's attention is directed to the fact that other contractors will be working in the areas where work under this Contract is being performed.
Add Section 5-1.23J, Critical Submittals:
The Contractor shall make submittals to the Engineer in a timely manner for the work to be completed within the specified Contract Time.
For the following equipment items, inquiry reveals that potentially long lead times for delivery are required, making these items critical for completion of the Work within the Contract Time.
• _____
• _____
The preceding list does not necessarily include all critical items. The Contractor shall be responsible for identification and timely submittal of all items.
The Engineer will endeavor to expedite submittal review of the critical items to aid in reducing submittal-processing time.
Add Section 5-1.48 CONTRACT CLOSEOUT:
SPECIAL PROVISIONS
SPECIAL PROVISIONS
3 5-1.48A Closeout Description
Requirements Included:
• Close Out Procedures.
• Final Cleaning.
• Project Record Documents.
• Systems Demonstration.
• Spare Parts and Maintenance Materials.
• Project Record Documents.
• Product Warranties and Product Bonds.
• Protecting Installed Construction.
Related Requirements:
• Section 01730: Operation and Maintenance Data
5-1.48B Closeout Procedures
Comply with procedures stated in General Conditions of the Contract for issuance of Certificate of Substantial Completion.
When Contractor considers Work has reached final completion, submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for the Engineer's inspection.
In addition to submittals required by the conditions of the Contract, provide submittals required by governing authorities, and submit a final statement of accounting giving total adjusted Contract Sum, previous payments, and sum remaining due.
The Engineer will issue a final Change Order reflecting approved adjustments to Contract Sum not previously made by Change Order.
5-1.48C Final Cleaning
Execute prior to final inspection.
Clean exterior surfaces exposed to view; remove temporary labels, stains and foreign substances. Clean drainage systems.
Clean site; sweep paved areas, rake clean other surfaces.
Remove waste and surplus materials, rubbish, and construction facilities from the Project and from the site.
5-1.48G Project Records Documents
SPECIAL PROVISIONS
SPECIAL PROVISIONS
4 Maintain on site one set of the following record documents; record actual revisions to the Work:
• Drawings.
• Specifications.
• Addenda.
• Change Orders and other modifications to the Contract. • Reviewed Shop Drawings, Product Data, and Samples.
Ensure entries are complete and accurate, enabling future reference by Owner.
Store record documents separate from documents used for construction.
Record information concurrent with construction progress, not less than weekly.
Specifications: Legibly mark and record at each product section description of actual products installed, including the following:
• Manufacturer's name and product model and number.
• Product substitutions or alternates utilized.
• Changes made by Addenda and modifications.
Record Drawings and Shop Drawings: Legibly mark each item to record actual construction including:
• Measured depths of foundations in relation to finish floor datum. • Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. • Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. • Field changes of dimension and detail.
• Details not on original Contract drawings.
Submit documents to Engineer before claim for final Application for Payment. 5-1.48H Product Warranties and Product Bonds
Obtain warranties and bonds executed in duplicate by responsible subcontractors, suppliers, and manufacturers, within ten days after completion of applicable item of work.
Execute and assemble transferable warranty documents and bonds from subcontractors, suppliers, and manufacturers.
Verify documents are in proper form, contain full information, and are notarized.
Co-execute submittals when required.
Include Table of Contents and assemble in three D side ring binder with durable plastic cover.
Submit prior to final Application for Payment.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
5 Time Of Submittals:
• For equipment or component parts of equipment put into service during construction with Owner's permission, submit documents within ten days after acceptance.
• Make other submittals within ten days after Date of Substantial Completion, prior to final Application for Payment.
• For items of Work for which acceptance is delayed beyond Date of Substantial Completion, submit within ten days after acceptance, listing date of acceptance as beginning of warranty or bond period.
5-1.48I Protecting Installed Construction
Protect installed Work and provide special protection where specified in individual specification sections.
Provide temporary and removable protection for installed products. Control activity in immediate work area to prevent damage.
Provide protective coverings at walls, projections, jambs, sills, and soffits of openings.
Protect finished floors, stairs, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials.
Prohibit traffic or storage upon waterproofed or roofed surfaces. When traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer.
Prohibit traffic from landscaped areas.
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Replace last paragraph in Section 7-1.02K(3) Labor Code, Certified Payroll Records (Labor Code 1776) with:
Furnish the Engineer one Portable Document Format (PDF) file which contains all certified payroll records for the prior month’s work. Redact the PDF file making the employee’s social security number illegible. Failure to submit PDF file with other monthly payroll records is considered an incomplete payroll submission and penalties will be assessed.
Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan Work hours are restricted to 00 a.m. to 00 p.m. on X Street. [Discuss with Traffic]
SPECIAL PROVISIONS
SPECIAL PROVISIONS
6 Provide traffic control plan and traffic control application at or before the preconstruction meeting. Traffic control plan must be drawn to scale. Traffic control application may be obtained on the City’s website:
www.slocity.org/government/department-directory/public-works/documentsonline/construction-documents Upon approval of the traffic control plan, the City will issue a no-fee Encroachment Permit.
Permittee is responsible to comply with all conditions of the traffic control plan. Complete work using due diligence to restore free flowing of traffic. 8 PROSECUTION AND PROGRESS
Replace the 1st paragraph in Section 8-1.02A SCHEDULE, General with:
Provide a Level 1 schedule for this work.
Add to the fourth paragraph of Section 8-1.03 PRECONSTRUCTION CONFERENCE:
14. The following project Submittals:
a. ____
If these project submittals cannot be procured prior to the preconstruction conference the Contractor must provide proof of correspondence with manufacturers and confirmed delivery dates of said submittals.
Add to Section 8-1.04B START OF JOB SITE ACTIVITIES, Standard Start: (for accelerated start)
Contract time will start on the first Monday after preconstruction meeting. 9 PAYMENT
Work as specified in these specifications and as shown on the Plans for which no separate payment is provided for in the Bid Item List will be considered a subsidiary obligation of the Contractor and the cost thereof shall be included in the applicable Contract prices for the item to which the work applies.
The following additional Bid Item descriptions are included for those atypical bid items not fully covered in the Standard Specifications:
BID ITEM 7 – ENVIRONMENTAL MONITORING, ANALYSIS & REPORTING - Payment for this lump sum bid item shall be made on a percent complete basis, based on the lump
SPECIAL PROVISIONS
SPECIAL PROVISIONS
7 sum amount for this item. (SCOPE TO BE DETERMINED AND ADDED WITH 100%
SUBMITTAL)
DIVISION II GENERAL CONSTRUCTION
12 TEMPORARY TRAFFIC CONTROL
12-1.01 GENERAL
Replace 1st paragraph in Section 12-1.01 with:
Section 12-1 includes general specifications for:
1. Flagging
2. Placing and installing temporary traffic-handling equipment and devices
3. Maintaining traffic
4. Placing and installing temporary traffic control systems
5. Placing temporary pavement delineation
In compliance with approved traffic control plan and Engineer authorized field adjustments.
You must provide all:
1. Signs
2. Lights
3. Barricades
4. Programmable message boards
5. Other facilities
To provide protection and warning for public traffic. Traffic cones must be used to delineate detoured lanes.
A traffic control system shall consist of signing, flagging, using of pilot vehicles and/or closing traffic lanes or streets in compliance with:
1. the details shown on the Standard Plans,
2. the provisions of Section 7-1.03, Public Convenience of the Standard Specifications
3. the provisions of Section 7-1.04 Public Safety of the Standard Specifications
4. the Manual on Uniform Traffic Control Devices and the California supplement
5. these Special Provisions
The traffic control system shall provide for the convenience and safety of both vehicles and pedestrians.
Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders of the construction zone, including any section closed to public traffic.
Employees’ personal vehicles may be parked on adjacent streets within the legal parking areas.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
8 At no time without prior permission of the City of San Luis Obispo shall any roadway be closed to vehicular traffic. Alternative path/walkways shall be provided by the contractor to maintain pedestrian traffic at all times.
All traffic coordination will require the City Engineer's approval seventy-two (72) hours prior to placing of any traffic restrictions.
12-1.03 CONSTRUCTION
Add to Section 12-1.03.
Flaggers may be required for the adequate control of public traffic; the full cost of such flagging is paid for as “Traffic Control”. Each flagger shall be equipped with a "Stop/Slow" paddle [C28A/B], a means of communication with other flaggers (radio, hand signals, or pilot car), and a clean bright orange vest, shirt or jacket. A minimum of two flaggers shall be provided for reversible lane control.
Furnishing and operating a pilot car during operations (including driver, radios, and any other equipment and labor required), at the option of the Contractor, and furnishing and operating the flashing arrow sign trucks (including drivers and any other equipment and labor required), is included in the payment for Temporary Traffic Control.
If required in the traffic control plan, and always during one-way traffic control, flagmen will be required to direct traffic during construction. The number and location of flagmen shall be sufficient to allow safe control and passage of traffic through the work zone.
Traffic control devices not placed in accordance with approved plans shall be cause to stop construction by the Engineer.
If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. Failure by the Contractor to continuously maintain the approved traffic control devices shall be sufficient cause for the Engineer to stop all work protected by or associated with such approved traffic control devices.
All warning devices used during hours of darkness shall be reflectorized and shall be supplemented with flashing beacons.
All cones shall be 28” or higher.
The Contractor shall furnish and post signs where necessary to inform the public about closures or restrictions at parking area entrances.
The Contractor shall have a sufficient supply of extra signs available at or near the project site to erect additional signs requested by the Engineer during the course of the work.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
9 Each vehicle used to place, maintain and remove components of a traffic control system on multi-lane roadways shall be equipped with a Type II flashing arrow sign which shall be in operation when the vehicle is used for placing, maintaining or removing said components. The sign shall be controllable by the operator of the vehicle while the vehicle is in motion. The flashing arrow sign shown on the Standard Plans shall not be used on the vehicles which are doing the placing, maintaining, and removing, and shall be in place before a lane closure requiring its use is completed.
When traffic cones or delineators are used to delineate a temporary edge of traveled way, the line of cones or delineators shall be considered to be the edge of the traveled way.
However, the Contractor shall not reduce the width of an existing lane to less than ten (10) feet without written approval from the Engineer. The provisions of this paragraph shall not apply to a work area protected by a permanent or temporary railing or barrier.
All traffic control equipment shall be of standard size unless reduced sizes are specifically approved by the Engineer and shall conform to the provision of the Manual on Uniform Traffic Control Devices and the California supplement.
13 WATER POLLUTION CONTROL
Add to Section 13-3.01A Summary:
The area of disturbance for this project is anticipated to be less than one-acre; therefore, provide a Water Pollution Control Plan (WPCP) and implementation in compliance with Section 13.
14 ENVIRONMENTAL STEWARDSHIP
Add to Section 14-9.02 AIR POLLUTION CONTROL, General:
The City has obtained an annual permit for construction from the Air Pollution Control District (APCD). The annual APCD permit and construction log files are located on the City’s website:
http://www.slocity.org/government/department-directory/public-works/documentsonline/construction-documents A copy of the permit can also be found in Appendix H of the City Standards. You are required to comply with the APCD permit including all notification and construction logs using the appropriate equipment. Provide training to all workers in the construction area.
You must comply with section 77-1 of the standard specifications.
Add Section 14-9.02A AIR POLLUTION CONTROL, Construction:
Where contamination is encountered, you are responsible to:
SPECIAL PROVISIONS
SPECIAL PROVISIONS
10 1. monitor
2. record
3. report
H2S and Hydrocarbon FID readings taken every hour during work in the contamination zone or as directed by the Engineer.
Appropriate Personal Protective Equipment (PPE) must be used.
Add Section 14-9.02C AIR POLLUTION CONTROL, Payment:
Full compensation for APCD compliance and applicable engineering standards is included in the payment for other bid items unless a bid item of work is shown on the bid list item. Compensation for APCD Permit Compliance includes, but is not limited to the following:
1. Minimum two (2) week notification to APCD before planned excavation
2. A project description submitted to City and APCD for approval, including:
a. Specific work zone boundary where public access is restricted, b. Estimated volume to be excavated,
c. Location of nearest residence, business, and schools, d. A project specific Site Health and Safety Plan,
e. Starting date, project finish date, and operating hours (for hazardous materials excavations)
f. Preparation of a Monitoring, Recordkeeping and Reporting Plan (MRRP), complying with provisions listed in Appendix H of the City Standards, g. Completion of a screening health risk assessment for toxic air pollutants associated with the excavation, and project related APCD fee payments.
3. All On-site contaminated soils monitoring needed during hazardous materials excavation.
16 TEMPORARY FACILITIES
Add Section 16-3 TEMPORARY CONSTRUCTION FACILITIES as follows:
16-3.01A Summary
Contractor shall provide its own office and construction utilities including the cost of permits, usage, generation, installation, relocation, distribution, maintenance, safety, disposal, and removal.
Contractor shall not install or remove any temporary utility without prior written approval of the Engineer.
Temporary utilities placed underground shall be permanently marked as to prevent damage by others, and accurately located for removal. Damage to above ground and underground utilities by the Contractor shall be repaired or replaced by the Contractor at no cost to the District.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
11 Obtain permits and inspections required by public utility companies, State of California, San Luis Obispo County and/or special districts for the installation and use of temporary utilities. Utility installations shall comply with all codes and regulations.
The Contractor is cautioned that there is limited space available on site for temporary storage yards, parking, storage buildings, and temporary office space. Limited staging area will be made available to the Contractor. Staging area is shown on the plans. The Contractor shall satisfy itself that the staging area is adequate for the Contractor’s use. If the staging area is not adequate, the Contractor shall find additional staging area for itself offsite. The cost for additional staging area shall be included in the Contractor’s bid and no additional payment will be made to the Contractor for additional staging area.
Contractor shall submit for approval the Contractor’s proposed plan for temporary utilities, storage facilities/yards, temporary offices/trailers, and temporary construction water.
Provide power required for construction operations. Reimburse Owner for the cost of any permanent power used, including power used for testing and commissioning of equipment and systems.
16-3.01B Electrical Power – Construction Phase
The Contractor shall provide temporary generator power as required in the specifications and shown on the plans.
The Contractor can make its own arrangements with the local utility company to provide adequate temporary electrical service at a location acceptable to the City and utility service provider. The Contractor shall then provide adequate jobsite distribution facilities conforming to applicable codes and safety regulations. The Contractor shall provide, at its own cost, all electric power required for construction, testing, general and security lighting, and all other purposes whether supplied through temporary or permanent facilities.
16-3.01C Dust Control
Perform dust control operations to prevent construction operations from producing dust in amounts harmful to persons or causing a nuisance to persons living nearby or occupying buildings in the vicinity of the work. Use water or dust preventative to control dust.
16-3.01D Fire Danger
Minimize fire danger in the vicinity of and adjacent to the construction site. Provide labor and equipment to protect the surrounding private property from fire resulting from construction operations.
SPECIAL PROVISIONS
SPECIAL PROVISIONS
12 16-3.01E Sanitary Conveniences
The Contractor shall provide suitable and adequate sanitary conveniences for the use of all persons at the site of the Work. Such conveniences shall include chemical toilets or water closets and shall be located at appropriate locations at the site of the Work. All sanitary conveniences shall conform to the regulations of the public authority having jurisdiction over such matters. At the completion of the Work, all such sanitary conveniences shall be removed and the site left in a sanitary condition. 16-3.01F Temporary Construction Fences and Gates
Contractor may, upon approval by Engineer, install temporary fences, gates, barricades, or other suitable means to protect property and prevent damage and injury. 16-3.01G Illumination
The Contractor shall provide temporary lighting in all work areas sufficient to maintain a lighting level during working hours not less than the lighting level required by OSHA standards.
Permanent building lighting may not be used during construction. 16-3.01H Progress/Work Area Cleaning
Maintain staging and work areas in a clean and orderly condition free from trash. “Trash” shall include all: food scraps, office garbage, construction rubbish/debris, waste/excess materials, shipping/packing materials, and windblown trash. Trash shall be collected and placed into containers daily at designated waste storage areas in locations approved by the Owner and removed periodically for offsite disposal at Contractor’s expense. 16-3.01I Removal
Remove temporary equipment, facilities, and materials prior to request for final inspection.
Clean and repair damage caused by installation and use of temporary work.
Remove all temporary site improvements. All materials removed shall be disposed of offsite and the area shall be returned to the design as set forth in Contract Documents.
DIVISION III EARTHWORK AND LANDSCAPE
17 GENERAL
Add to Section 17-1.01.
Protect trees not marked for removal in compliance with 77-1.03A(2)(j).
SPECIAL PROVISIONS
SPECIAL PROVISIONS
13 Use of potable water from City water mains and fire hydrants is not allowed. Recycled water is available by permit for use at the recycled-water hydrants located within the City limits at various locations. Use of the recycled water is subject to the conditions of the Recycled-Water program, completion of required training, and payment of the permit fee.
APPENDIX
APPENDIX
0 APPENDIX A - FORM OF AGREEMENT
THIS AGREEMENT, made on _____________, by and between the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the Owner) and COMPANY NAME (hereinafter called the Contractor).
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to complete all the work of construction of
SLO CREEK BANK STABILIZATION NEAR JOHNSON, SPEC #1000183 in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by the Owner, in strict compliance with the Contract Documents hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work performed and completed under the direction and supervision and subject to the approval of the Owner or its authorized representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in the Contract Documents, the contract prices as follows:
Item
No.
Item Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
1. 2.
3. BID TOTAL: $ .00
Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in the documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor, during the performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and conclusive.
APPENDIX
APPENDIX
1 ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached:
1. Notice to Bidders and Information for Bidders
2. Standard Specifications and Engineering Standards
3. Special Provisions, any Addenda, Plans and Contract Change Orders
4. Caltrans Standard Specifications and Standard Plans 2015
5. Accepted Bid and Bid Bond
6. List of Subcontractors
7. Public Contract Code Sections 10285.1 Statement
8. Public Contract Code Section 10162 Questionnaire
9. Public Contract Code Section 10232 Statement
10.Labor Code Section 1725.5 Statements
11.Bidder Acknowledgements
12.Qualifications
13.Non-collusion Declaration
14.Agreement and Bonds
15.Insurance Requirements and Forms
ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with the Contractor’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both the City and the Contractor, or should the City otherwise find the Contractor’s legal counsel unacceptable, then the Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
The Contractor obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of the City under any provision of this agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In
APPENDIX
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2 instances where the City is shown to have been actively negligent and where the City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.
ARTICLE V. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first above written.
CITY OF SAN LUIS OBISPO
A Municipal Corporation
__________________________________
Derek Johnson, City Manager
APPROVED AS TO FORM CONTRACTOR:
Name of Company
________________________________ By:________________________________ J. Christine Dietrick
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT
(2nd signature required if Corporation):
By:________________________________
Name of Corporate Officer
Its: ____________________
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RESOLUTION NO. _____ (2023 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE MITGATED NEGATIVE
DECLARATION FOR THE SAN LUIS CREEK BANK REPAIR PROJECT
WHEREAS, The San Luis Obispo Creek Bank Repair Project necessitates a Mitigated Negative Declaration Environmental Document; and WHEREAS, City staff has completed a public and agency review, held a public meeting and received no comments.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo adopts as follows:
SECTION 1. Environmental Review. Based upon all evidence in the record before it, including an initial study, the City Council hereby adopts the Final Initial Study – Mitigated Negative Declaration (IS-MND) prepared and circulated for this project, and adopts all of the findings related to the Project:
a) The San Luis Obispo Creek Bank Repair Project IS-MND was prepared and circulated for public review in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. It reflects the lead agency’s independent judgement and analysis, and it adequately addresses potential environmental impacts associated with the proposed Project; and b) There is no substantial evidence that the Project will have a significant effect on the environment as mitigated in accordance with the measures identified in the IS-MND; and
c) All potentially significant environmental effects were analyzed adequately in the referenced IS-MND, subject to the following mitigation measures being incorporated into the Project and subject to the mitigation monitoring program in the IS-MND, which is hereby adopted:
Air Quality
AQ-1 The SLOAPCD recognizes the public health risk reductions that can be realized by idle limitations for both on- and off-road equipment. The following idle restricting measures are required for the construction phase of projects:
1. Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road Equipment.
1. Staging and queuing areas shall be located at the greatest distance feasible from sensitive receptor locations;
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2. Diesel idling while equipment is not in use is not permitted;
3. Use of alternative-fueled equipment is recommended whenever possible; and
4. Signs that specify the no-idling requirements must be posted and enforced at the construction site.
2. Idling Restrictions for On-Road Vehicles. Section 2485 of California Code of Regulations Title 13 limits diesel-fueled commercial motor vehicles that operate in the State of California with gross vehicular weight ratings of greater than 10,000 pounds and licensed for operation on highways. It applies to Californiaand non-California-based vehicles. In general, the regulation specifies that drivers of said vehicles:
1. Shall not idle the vehicle’s primary diesel engine while vehicle is not in use, except as noted in Subsection (d) of the regulation; and
2. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5.0 minutes at any location when within 100 feet of a restricted area, except as noted in Subsection (d) of the regulation.
Signs must be posted in the designated queuing areas and job sites to remind drivers of the no-idling requirement. The specific requirements and exceptions in the regulation can be reviewed at the following web site: www.arb.ca.gov/msprog/truck-idling/2485.pdf.
3. Idling Restrictions for off-Road Equipment. Off-road diesel equipment shall comply with the no-idling requirement. Signs shall be posted in the designated queuing areas and job sites to remind off-road equipment operators of the no-idling requirement.
AQ-2 Throughout the construction phase of the project, the project applicant shall implement the following measures to minimize impacts to sensitive receptors and to significantly reduce fugitive dust emissions. These fugitive dust mitigation measures shall be shown on grading and building plans:
1. Reduce the amount of disturbed area where possible;
2. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 miles per hour. Reclaimed (non-potable) water should be used whenever possible;
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3. All dirt stockpile areas should be sprayed daily or covered with tarps or other dust barriers, as needed;
4. Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil-disturbing activities;
5. Exposed ground areas that are planned to be reworked at dates greater than 1 month after initial grading should be sown with a fast germinating, noninvasive grass seed and watered until vegetation is established;
6. All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the SLOAPCD;
7. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used;
8. Vehicle speed for all construction vehicles shall not exceed 15 miles per hour on any unpaved surface at the construction site;
9. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least 2 feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114;
10.Install wheel washers or other devices to control tracking of mud and dirt onto adjacent roadways where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site;
11.Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. Roads shall be pre-wetted prior to sweeping when feasible;
12.The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below the SLOAPCD’s limit of 20% opacity for greater than 3 minutes in any 60-minute period, and to prevent transport of dust off-site. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the SLOAPCD Engineering and Compliance Division prior to the start of any grading, earthwork, or demolition.
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AQ-3 Prior to initiation of ground-disturbing activities, the applicant shall retain a registered geologist to conduct a geologic evaluation of the property, including sampling and testing for naturally occurring asbestos (NOA) in full compliance with SLOAPCD requirements and the CARB ATCM for Construction, Grading, Quarrying, and Surface Mining Operations (17 CCR 93105). This geologic evaluation shall be submitted to the City Community Development Department upon completion. If the geologic evaluation determines that the project would not have the potential to disturb ACM, the applicant must file an Asbestos ATCM exemption request with the SLOAPCD.
AQ-4 If ACM are determined to be present on-site, proposed earthwork, demolition, and construction activities shall be conducted in full compliance with the various regulatory jurisdictions regarding ACM, including the CARB ATCM for Construction, Grading, Quarrying, and Surface Mining Operations (17 CCR 93105) and requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (NESHAP; 40 Code of Federal Regulations [CFR] Section 61, Subpart M – Asbestos). These requirements include, but are not limited to, the following:
1. Written notification, within at least 10 business days of activities commencing, to the SLOAPCD;
2. Preparation of an asbestos survey conducted by a Certified Asbestos Consultant; and
3. Implementation of applicable removal and disposal protocol and requirements for identified ACM.
AQ-5 All project-related earthwork and demolition of existing structures and/or infrastructure shall be conducted in compliance with applicable regulatory requirements, including the requirements stipulated in the NESHAP (40 CFR 61, Subpart M – asbestos). These requirements include, but are not limited to, notification to the SLOAPCD, an asbestos survey conducted by a Certified Asbestos Inspector, and applicable removal and disposal requirements of identified asbestos containing materials.
AQ-6 If during construction activities, paint is separated from existing infrastructure (e.g., chemically or physically), the paint waste shall be evaluated independently from the building material by a qualified hazardous materials inspector to determine proper management. All hazardous materials (e.g., lead based paint, etc.) shall be handled and disposed of in accordance with local, state, and federal regulations.
If required, all lead work plans shall be submitted to SLOAPCD at least 10 days prior to the start of demolition. The City shall document proof that paint waste has been evaluated by a qualified hazardous waste materials inspector and handled according to their recommendation to the City Community Development Department.
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Biological Resources
BR-1 The Habitat Mitigation and Revegetation Plan shall include an assemblage of native flowering plants in order to provide pollination opportunities for western bumble bee and other insect species.
BR-2 Prior to construction, a biologist determined qualified by Caltrans and the CDFW shall survey the BSA for monarch butterfly roosts. If monarch butterfly roosts are observed, the biologist shall coordinate with Caltrans and the CDFW to establish an appropriate buffer zone to avoid direct impacts to roosts until roosting activity has ceased. Observations of monarch butterfly or other special-status species shall be documented on CNDDB forms and submitted to the CDFW upon project completion.
BR-3 During preconstruction surveys and/or during construction, any Pyrgulopsis spp. observed by biologists shall be relocated to suitable aquatic habitat outside of the area of impact.
BR-4 Prior to initiation of stream diversion/dewatering, a qualified biologist shall conduct a worker environmental training program, including a description of steelhead, steelhead critical habitat, its legal/protected status, proximity to the project site, avoidance/minimization measures to be implemented during the project, and the implications of violating FESA and permit conditions.
BR-5 In-stream work shall take place between June 15 and October 31 in any given year, when the surface water within San Luis Obispo Creek is likely to be at seasonal minimum. Deviations from this work window shall only be made with permission from the relevant regulatory agencies. During in-stream work, a qualified biologist that has experience in steelhead biology and ecology, aquatic habitats, biological monitoring (including diversion/dewatering), and capturing, handling, and relocating fish species shall be retained. During in-stream work, the biological monitor(s) shall continuously monitor placement and removal of any required stream diversions/dewatering and only the approved biologist shall capture stranded steelhead and other native fish species and relocate them to suitable habitat, as appropriate. The approved biologist(s) shall capture steelhead stranded as a result of diversion/dewatering and relocate steelhead to the nearest suitable in-stream habitat. The approved biologist(s) shall note the number of steelhead observed in the affected area, the number of steelhead relocated, and the date and time of the collection and relocation.
BR-6 During in-stream work, if pumps are incorporated to assist in temporarily dewatering the site, intakes shall be completely screened with no larger than 3/32-inch (2.38- millimeter) wire mesh to prevent steelhead and other sensitive aquatic species from entering the pump system. Pumps shall release the diverted water so that suspended sediment shall not reenter the stream. The form and function of pumps used during the dewatering activities shall be checked daily, at a minimum, by a qualified biological monitor to ensure a dry work environment and minimize adverse effects to aquatic species and habitats.
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BR-7 Prior to and during construction activities, only USFWS-approved biologists shall participate in activities associated with the capture and handling of CRLFs.
BR-8 Ground disturbance shall not begin until written approval is received from the USFWS that the biologist(s) is qualified to do conduct the work, unless the individual(s) has/have been approved previously and the USFWS has not revoked that approval. Caltrans shall request approval of the biologist(s) from the USFWS.
BR-9 A USFWS-approved biologist shall survey the project area no more than 48 hours before the onset of work activities. If any life stage of the CRLF is found and these individuals are likely to be killed or injured by work activities, the approved biologist shall be allowed sufficient time to move them from the site before work activities begin. The USFWS-approved biologist shall relocate the CRLFs the shortest distance possible to a location that contains suitable habitat and shall not be affected by the activities associated with the project. The relocation site should be in the same drainage to the extent practicable. Caltrans shall coordinate with USFWS on the relocation site prior to the capture of any CRLFs.
BR-10 Before any activities begin on a project, a USFWS-approved biologist shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of the CRLF and its habitat, the specific measures that are being implemented to conserve the CRLF for the current project, and the boundaries within which the project may be accomplished. Brochures, books, and briefings may be used in the training session, provided that a qualified person is on hand to answer any questions.
BR-11 A USFWS-approved biologist shall be present at the work site until CRLFs have been relocated out of harm’s way, workers have been instructed, and disturbance of the habitat has been completed. After this time, the City shall designate a person to monitor on-site compliance with minimization measures. The USFWS-approved biologist shall ensure that this monitor receives the training outlined in the measure above and in the identification of CRLFs. If the monitor or the USFWS-approved biologist recommends that work be stopped because CRLFs would be affected in a manner not anticipated by the USFWS, Caltrans, and the City during the review of the proposed action, they shall notify the resident engineer (the engineer that is directly overseeing and in command of construction activities) immediately. The resident engineer shall either resolve the situation by eliminating the adverse effect immediately or require that actions that are causing these effects be halted. If work is stopped, the USFWS, Caltrans, and the City shall be notified as soon as is reasonably possible.
BR-12 During project activities, trash that may attract predators shall be properly contained, removed from the work site, and disposed of regularly. Following construction, trash and construction debris shall be removed from work areas.
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BR-13 All refueling, maintenance, and staging of equipment and vehicles shall occur at least 100 feet from riparian habitat or water bodies and in a location from where a spill would not drain directly toward aquatic habitat (e.g., on a slope that drains away from the water). The monitor shall ensure contamination of habitat does not occur during such operations. Prior to the onset of work, Caltrans and the City shall ensure that a plan is in place for prompt and effective response to any accidental spills. All workers shall be informed of the importance of preventing spills and of the appropriate measures to take should a spill occur.
BR-14 Habitat contours shall be returned to their original configuration at the end of project activities. This measure shall be implemented in all areas disturbed by activities associated with the project, unless the USFWS, Caltrans, and the City determine that it is not feasible or modification or original contours would benefit the CRLF.
BR-15 The number of access routes, size of staging areas, and total area of activity shall be limited to the minimum necessary to achieve the project. Environmentally Sensitive Areas (ESAs) shall be established to confine access routes and construction areas to the minimum area necessary to complete construction, and minimize the impact to CRLF habitat; this goal includes locating access routes and construction areas outside of wetlands and riparian areas to the maximum extent practicable.
BR-16 Caltrans and the City shall attempt to schedule work for times of the year when impacts to CRLF would be minimal. For example, work that would affect large pools that may support breeding would be avoided, to the maximum extent practicable, during the breeding season (November through May). Isolated pools that are important to maintain CRLFs through the driest portions of the year would be avoided, to the maximum degree practicable, during the late summer and early fall. Habitat assessments, surveys, and technical assistance between the USFWS and Caltrans during project planning shall be used to assist in scheduling work activities to avoid sensitive habitats during key times of year.
BR-17 To control sedimentation during and after project implementation, Caltrans and the City shall implement Best Management Practices (BMPs) outlined in any authorizations or permits issued under the authorities of the Clean Water Act that it receives for the specific project. If BMPs are ineffective, Caltrans shall attempt to remedy the situation immediately, in coordination with the USFWS.
BR-18 If a work site is to be temporarily dewatered by pumping, intakes shall be completely screened with wire mesh not larger than 1/5 inch (5.08 millimeters) to prevent CRLFs from entering the pump system. Water shall be released downstream at an appropriate rate to maintain downstream flows during construction. Upon completion of construction activities, any diversions or barriers to flow shall be removed in a manner that would allow flow to resume with the least disturbance to the substrate. Alteration of the streambed shall be minimized to the maximum extent possible; any imported material shall be removed from the streambed upon completion of the project.
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BR-19 Unless approved by the USFWS, water shall not be impounded in a manner that may attract CRLFs.
BR-20 A USFWS-approved biologist shall permanently remove any individuals of exotic species, such as bullfrogs (Lithobates catesbeiana), crayfish, and centrarchid fishes, from the project area, to the maximum extent. The USFWS-approved biologist shall be responsible for ensuring their activities are in compliance with the California Fish and Game Code.
BR-21 If Caltrans and the City demonstrate that disturbed areas have been restored to conditions that allow them to function as habitat for CRLF, these areas shall not be included in the amount of total habitat permanently disturbed.
BR-22 To ensure that diseases are not conveyed between work sites by the USFWSapproved biologist, the fieldwork code of practice developed by the Declining Amphibian Task Force shall be followed at all times.
BR-23 Project sites shall be revegetated with an assemblage of native riparian, wetland, and upland vegetation suitable for the area. Locally collected plant materials shall be used to the extent practicable. Invasive, exotic plants shall be controlled to the maximum extent practicable. This measure shall be implemented in all areas disturbed by activities with the project, unless the USFWS, Caltrans, and the City have determined that it is not feasible or practical.
BR-24 Caltrans and the City shall not use herbicides as the primary method to control invasive, exotic plants. However, if Caltrans and the City determine the use of herbicides is the only feasible method for controlling invasive plants at a specific project site, the following additional measures shall be implemented to protect CRLF:
1. Caltrans and the City shall not use herbicides during the breeding season for CRLF.
2. Caltrans and the City shall conduct surveys for CRLF immediately prior to the start of herbicide use. If found, CRLF shall be relocated by a qualified biologist to suitable habitat far enough from the project area that no direct contact with herbicide would occur.
3. Cape ivy and other invasive plants shall be cut and hauled out by hand and painted with glyphosate-based products, such as Aquamaster® or Rodeo®.
4. Licensed and experienced Caltrans staff or a licensed and experienced contractor shall use a hand-held sprayer for foliar application of Aquamaster® or Rodeo® where large monoculture stands occur at an individual project site.
5. All precautions shall be taken to ensure that no herbicide is applied to native vegetation.
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6. Foliar applications of herbicide shall not occur when wind speeds are in excess of 3 miles per hour.
7. No herbicides shall be applied within 24 hours of forecasted rain.
8. Application of herbicides shall be done by qualified Caltrans staff, City staff, or contractors to ensure that overspray is minimized, application is made in accordance with the label recommendations, and required and reasonable safety measures are implemented. A safe dye shall be added to the mixture to visually denote treated sites. Application of herbicides shall be consistent with the USEPA Office of Pesticide Programs Endangered Species Protection Program county bulletins.
9. All herbicides, fuels, lubricants, and equipment shall be stored, poured, or refilled at least 100 feet from riparian habitat or water bodies in a location where a spill would not drain directly toward aquatic habitat. Caltrans and the City shall ensure that a plan is in place for a prompt and effective response to accidental spills. All workers shall be informed of the importance of preventing spills and of the appropriate measures to take should a spill occur.
BR-25 Upon completion of the project, Caltrans and the City shall ensure that a Project Completion Report is completed and provided to the USFWS Ventura Field Office.
Caltrans and the City shall recommend modifications of the protective measures if alternative measures would facilitate compliance with the provisions of the consultation. In addition, Caltrans shall reinitiate formal consultation in the event any of the following thresholds are reached as a result of the projects conducted under the provisions of the consultation associated with the Programmatic Biological Opinion:
Caltrans shall reinitiate consultation when, as a result of projects conducted under the provision of the consultation associated with the Programmatic Biological Opinion, any of the following occur:
1. 10 CRLF adults or juveniles have been killed or injured in any given year (for this and all other standards, an egg mass is considered to be a CRLF);
2. 50 CRLFs have been killed or injured in total;
3. 20 acres of critical habitat for the CRLF that include the primary constituent elements of aquatic breeding and non-breeding aquatic habitat and upland and dispersal habitat have been permanently lost in any given year;
4. 100 acres of critical habitat for the CRLF that include the primary constituent elements of aquatic breeding and non-breeding aquatic habitat and upland and dispersal habitat have been permanently lost in total;
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5. 100 acres of critical habitat for the CRLF that include the primary constituent elements of aquatic breeding and non-breeding aquatic habitat and upland and dispersal habitat have been temporarily disturbed in any given year; or
6. 500 acres of critical habitat for the CRLF that include the primary constituent elements of aquatic breeding and non-breeding aquatic habitat and upland and dispersal habitat have been temporarily disturbed in total.
BR-26 Prior to construction, a biologist determined qualified by Caltrans and the CDFW shall survey the BSA and, if present, capture and relocate any Coast Range newts and southwestern pond turtles to adjacent suitable habitat upstream or downstream of the BSA. Observations of these or other special-status species shall be documented on CNDDB forms and submitted to CDFW upon project completion. If these species or other CDFW Species of Special Concern aquatic species are observed during construction, they shall likewise be relocated to suitable upstream habitat by a qualified biologist.
BR-27 If feasible and regulatory approvals allow, tree removal shall be scheduled to occur from October 1 to January 31, outside of the typical nesting bird season, to avoid potential impacts to nesting birds. If tree removal or other construction activities are proposed to occur within 100 feet of potential habitat during the nesting season (February 1 to September 1), a nesting bird survey shall be conducted by a biologist determined qualified by Caltrans no more than 3 days prior to construction. If an active nest is found, a qualified biologist shall determine an appropriate buffer and monitoring strategy based on the habits and needs of the species. The buffer area shall be avoided until a qualified biologist has determined that juveniles have fledged.
BR-28 If least Bell’s vireo, southwestern willow flycatcher, and/or western yellow-billed cuckoo are observed within 100 feet of construction activities, a qualified biologist shall implement an exclusion zone and work shall be avoided within the exclusion zone until the least Bell’s vireo, southwestern willow flycatcher, and/or western yellow-billed cuckoo are located greater than 100 feet from project-related disturbance. If an active least Bell’s vireo, southwestern willow flycatcher, and/or western yellow-billed cuckoo nest is observed within 100 feet of the BSA, all project activities shall immediately cease and Caltrans shall contact the USFWS and CDFW within 48 hours. If required, Caltrans shall then initiate FESA Section 7 formal consultation with the USFWS and California Endangered Species Act (CESA) coordination for least Bell’s vireo, southwestern willow flycatcher, and/or western yellow-billed cuckoo and implement additional measures as necessary.
BR-29 Prior to demolition of the existing bridge, birds shall be excluded from the existing bridge. Nesting bird exclusion methods may include installation of exclusion netting, removing/knocking down nests before they contain eggs, or other methods approved by the CDFW. Installation of exclusion netting shall occur outside of the typical nesting season (i.e., implement exclusion methods from September 2 to January 31).
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BR-30 Prior to demolition of the existing bridge, bats shall be passively excluded from the existing bridge with exclusion netting or other means. Installation of exclusion shall occur outside of the typical maternity roosting season (i.e., implement exclusion from September 2 to February 14).
BR-31 If tree removal is required during the bat maternity roosting season (February 15 to September 1), a bat roost survey shall be conducted by a qualified biologist within 3 days prior to removal. If an active bat roost is found, Caltrans shall coordinate with the CDFW to determine an appropriate buffer based on the habits and needs of the species. Readily visible exclusion zones shall be established in areas where roosts must be avoided using ESA fencing. Work in the buffer area shall be avoided until a qualified biologist has determined that roosting activity has ceased. Active bat maternity roosts shall not be disturbed or destroyed at any time.
BR-32 If it is determined that a substantial impact to pallid bat, western mastiff bat, or a maternity roost shall occur, then the City shall compensate for the impact through the development and implementation of a mitigation plan in coordination with the CDFW.
BR-33 Prior to issuance of construction permits, the City shall prepare a Habitat Mitigation and Revegetation Plan to assist project planners in preparing agency permit applications associated with the permanent and temporary impacts to U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW) jurisdictions in San Luis Obispo Creek. The HMRP shall be prepared in compliance with the guidelines provided in the Final 2015 Regional Compensatory Mitigation and Monitoring Guidelines for South Pacific Division USACE (USACE 2015), the Checklist for Compensatory Mitigation Proposals (USACE 2008a), and the Final Rule for Compensatory Mitigation for Losses of Aquatic Resources. The HMRP shall identify the proposed 1:1 restoration ratio in-kind for temporary impacts, a 2:1 restoration or enhancement ratio in-kind for permanent impacts resulting in degradation of ecological conditions, and a 3:1 restoration or enhancement ratio in-kind for permanent impacts resulting in permanent loss. The final mitigation requirements shall be determined through the permitting process and a final Compensatory Mitigation Plan would need to be approved by the USACE, CDFW, and RWQCB.
BR-34 Prior to construction, the City shall obtain a Section 404 Permit from the USACE, a Section 401 Water Quality Certification from the RWQCB, and a Section 1600 Streambed Alteration Agreement from the CDFW for project-related impacts that shall occur in areas under state and federal jurisdiction.
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BR-35 Prior to construction, the City shall retain a qualified biological monitor(s) to monitor construction and ensure compliance with the avoidance and minimization efforts outlined within all project environmental documents. At a minimum, monitoring shall occur during initial ground disturbance activities and vegetation removal within the San Luis Obispo Creek corridor. Monitoring may be reduced to part time once initial disturbance and vegetation removal activities are complete.
The duration of monitoring should be at least once per week throughout the remaining construction phases, unless specified otherwise by permitting agencies.
BR-36 Prior to construction, all personnel shall participate in an environmental awareness training program conducted by a qualified biologist. The program shall include a description of the sensitive aquatic resources within the BSA and the boundaries within which the project may be accomplished. If appropriate, the biologist may train and designate a representative of the City or other designee to provide training to subcontractors or personnel that shall be on-site for short durations during the project.
BR-37 Construction activities within jurisdictional areas shall be conducted during the dry season when stream flows will be at annual lows (June 15 and October 31) in any given year, or as otherwise directed by the regulatory agencies. Deviations from this work window can be made with permission from the relevant regulatory agencies.
BR-38 Prior to initiation of any construction activities, including vegetation clearing or grubbing, sturdy high-visibility fencing shall be installed to protect the jurisdictional areas adjacent to the designated work areas. This fencing shall be placed so that unnecessary adverse impacts to the adjacent habitats are avoided. No construction work (including storage of materials) shall occur outside of the specified project limits. The fencing shall remain in place during the entire construction period, be monitored periodically by a qualified biologist, and be maintained as needed by the contractor.
BR-39 Prior to construction, a Storm Water Pollution Prevention Plan or Water Pollution Control Plan for the project shall be prepared. Provisions of this plan shall be implemented during and after construction as necessary to avoid and minimize erosion and stormwater pollution in and near the work area.
BR-40 Prior to construction, the contractor shall prepare a Hazardous Materials Response Plan to allow for a prompt and effective response to any accidental spills. Workers shall be informed of the importance of preventing spills and of the appropriate measures to take should a spill occur.
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BR-41 During construction, erosion control measures (e.g., silt fencing, fiber rolls, and barriers) shall remain available on-site and shall be utilized as necessary to prevent erosion and sedimentation in jurisdictional areas. No synthetic plastic mesh products shall be used for erosion control and use of these materials on-site is prohibited. Erosion control measures shall be checked to ensure that they are intact and functioning effectively and maintained on a daily basis throughout the duration of construction. The contractor shall also apply adequate dust control techniques, such as site watering, during construction to protect water quality.
BR-42 During construction, the cleaning and refueling of equipment and vehicles shall occur only within a designated staging area and at least 100 feet (30 meters) from wetlands or other aquatic areas. At a minimum, equipment and vehicles shall be checked and maintained on a daily basis to ensure proper operation and avoid potential leaks or spills.
BR-43 During construction, trash shall be contained, removed from the work site, and disposed of regularly. Following construction, trash and construction debris shall be removed from the work areas. Vegetation removed from the construction site shall be taken to a permitted landfill to prevent the spread of invasive species. If soil from weedy areas (such as areas with poison hemlock [Conium maculatum] or other invasive exotic plant species) must be removed to an off-site location, the top 6 inches (152 millimeters) containing the seed layer in areas with weedy species shall be disposed of at a permitted landfill.
BR-44 During construction, no pets shall be allowed on the construction site.
Cultural Resources
CR-1 In the event that historical or archaeological remains are discovered during earthdisturbing activities associated with the project, an immediate halt work order shall be issued and the City Community Development Director and City Public Works Director shall be notified. A qualified archaeologist shall conduct an assessment of the resources and formulate proper mitigation measures, if necessary. After the find has been appropriately mitigated, work in the area may resume. A Chumash representative shall monitor any mitigation excavation associated with Native American materials.
CR-2 In the event that human remains are exposed during earth-disturbing activities associated with the project, an immediate halt work order shall be issued and the City Community Development Director and City Public Works Director shall be notified. State Health and Safety Code Section 7050.5 requires that no further disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner shall notify the Native American Heritage Commission within 24 hours.
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Hazards and Hazardous Materials
HAZ-1 All project-related spills or leaks of hazardous materials shall be cleaned up immediately. Spill prevention and clean-up materials shall be located on-site at all times during construction.
HAZ-2 Prior to issuance of construction permits, soil sampling shall be conducted in areas of the South Higuera Street right-of-way where soil disturbance or excavation is proposed for the presence of hazardous materials, including aerially deposited lead (ADL) and hydrocarbons. Soil sampling shall be conducted by a licensed geologist or other qualified professional as approved by the City. ADL sampling shall focus on unpaved areas and formerly unpaved areas within the right-of-way and shall be conducted in accordance with current Caltrans guidance documents.
Analytes to be targeted should include gasoline-, diesel-, and oil-range hydrocarbons; volatile organic compounds; and fuel oxygenates. If contaminated soil is present, the appropriate abatement actions shall be implemented in accordance with applicable Caltrans Standard Special Provisions and other applicable standards.
HAZ-3 A Soil Management Plan and Health and Safety Plan shall be developed for the project to ensure contaminated soils excavated during project construction are handled, stockpiled, and disposed of in accordance with federal, state, and local regulations. Special handling, treatment, or disposal of ADL in soils during construction activities shall be consistent with the DTSC and Caltrans Soil Management Agreement for Aerially Deposited Lead-Contaminated soils (effective July 1, 2016).
HAZ-4 Prior to issuance of construction permits, yellow traffic striping and similar pavement parking materials shall be tested for presence of elevated levels of metals that would require removal and special disposal measures during construction per Caltrans Standard Special Provisions and other applicable standards.
Transportation
TR-1 At least 8 weeks prior to scheduled road closure, the City shall notify SLO Transit and local emergency service providers (including the SLOFD, SLOPD, and San Luis Ambulance Services) of road closures along Prado Road. The notice shall include dates and estimated duration of the closure, identify alternative access routes to properties made inaccessible by the closure (as applicable), and contact information available if there are issues or complaints. Complaints shall be directed to the City Public Works Department.
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TR-2 Construction Traffic Management Plan. Prior to the issuance of construction permits, the construction contractor shall meet with the City Public Works Department to determine traffic management strategies to reduce, to the maximum extent feasible, traffic congestion, impacts to bicyclists and pedestrians, impacts to public transit services, and impacts to emergency service providers during construction of the project. The construction contractor shall develop a construction management plan for review and approval by the Public Works Department. The plan shall include, at minimum, the following items and requirements:
A set of comprehensive traffic control measures, including scheduling of major truck trips and deliveries to avoid peak traffic and pedestrian hours, detour signs if required, lane closure procedures, sidewalk closure procedures, signs, designated construction access routes, and temporary traffic control measures for automobile, bicycle, and pedestrian traffic.
Notification procedures for adjacent property owners and public safety personnel regarding when major deliveries, detours, and lane closures will occur.
Location of construction staging areas for materials, equipment, and vehicles. Identification of haul routes for movement of construction vehicles that would minimize impacts on vehicular and pedestrian traffic, circulation and safety. Temporary construction fencing to contain debris and material and to secure the site.
Provisions for removal of trash generated by project construction activity. A process for responding to and tracking complaints pertaining to construction activity. Complaints shall be directed to the City Public Works Department. Provisions for monitoring surface streets used for haul and truck routes so that any damage and debris attributable to construction-related trips can be identified and corrected, including regular street sweeping within the project vicinity.
Location and signage of bicycle and pedestrian detours. Safe access for pedestrians and bicyclists shall be maintained to the greatest extent possible throughout the duration of construction activities.
In the event the Prado Road Bridge Replacement Project is under construction at the same time as the US 101/Prado Road Interchange Project during any portion of the construction schedule, at least one connection from US 101 to the City street network shall be maintained at all times (e.g., via the Prado Road/South Higuera intersection or Elks Lane/South Higuera intersection). The Construction Traffic Management Plan shall include measures that identify the necessary steps that would be taken by the construction contractor and the City to ensure this connection is maintained.
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The plan shall also incorporate, at minimum and to the extent feasible, the following recommendations of the Construction Traffic Analysis (CCTC 2021) prepared for the project:
Signal timing modification and/or optimization at surrounding intersections; Restriping at surrounding intersections to improve traffic flow; and Installation of temporary signalization at the Higuera Street/Elks Lane intersection prior to the closure of the Prado Road Bridge.
It is anticipated that the recommendations of the Construction Traffic Management Plan for temporary signing, striping, and signalization of the South Higuera intersection, and other construction traffic control measures would be incorporated into the project Plan, Specification, and Estimate (PS&E) and developed in the context of the City Municipal Code Construction and Fire Prevention Regulations and the City of San Luis Obispo 2013 Construction & Fire Codes, which address other issues such as hours of construction onsite, limitations on noise and dust emissions, and other applicable items.
Tribal Cultural Resources
TCR-1 A qualified archaeologist and Native American monitor shall be present during all project related construction activities that result in disturbance of native soil that may contain tribal cultural resources. Monitoring activities shall be conducted in accordance with a Monitoring Plan as approved by the City Community Development Department. The plan shall include provisions such as:
1. List of personnel involved in the monitoring activities including a Native American monitor;
2. Description of how the monitoring shall occur;
3. Description of monitoring frequency;
4. Description of circumstances that would result in the “work diversion,” in the case of discovery, at the project site;
5. Description of procedures for diverting work on the site and notification procedures;
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6. Description of monitoring reporting procedures; and
7. Description of the procedures for reburial of artifacts and/or human remains within identified areas on the project site or other suitable location.
Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 2023. ___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________
Teresa Purrington
City Clerk
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RESOLUTION NO. _____ (2023 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING USE OF CAPITAL PROJECTS
RESERVE FUND TO SUPPORT THE SAN LUIS OBISPO CREEK BANK
REPAIR PROJECT, SPECIFICATION NUMBER 1000035
WHEREAS, in June of 2021, the City Council approved the 2021-23 Financial Plan – Capital Improvement Program, which identified San Luis Obispo Creek Stabilization project with a total budget of $392,272 to support implementation of the project; and WHEREAS, to provide funding to support construction work for the Project, staff is recommending the City Council approve use of $1,500,000 from the Capital Projects Reserve Fund; and
WHEREAS, a balance of approximately $1,918,708 million is available from the Capital Projects Reserve Fund; and
WHEREAS, there is a concurrent Capital Reserve Fund request of $200,000 for the North Broad Street Neighborhood Park Project, subject to Council approval.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
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SECTION 1. The City Council authorizes staff to transfer $1,500,000 from the Capital Project Reserve Fund to the San Luis Obispo Creek Bank Repair Project, Specification No. 1000035.
Upon motion of _______________________, seconded by
_______________________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2023. ___________________________
Mayor Erica A. Stewart
ATTEST:
__________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
__________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________
Teresa Purrington
City Clerk
INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
For EID-0481-2022
1. Project Title:
San Luis Obispo Creek Bank Repair Project
2. Lead Agency Name and Address:
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
3. Contact Person and Phone Number:
Wyatt Banker-Hix, Engineer III
805-783-7859
4. Project Location:
The Project Site is located near the intersection of Johnson Avenue and Pismo Street in the City of San Luis Obispo (City), San Luis Obispo County (County), California (Figure 1). The Project Site is located within Township 30S, Range 12E, Section 26, Mount Diablo Meridian.
The Project Site includes an approximately 180-linear foot stretch of San Luis Obispo Creek downstream from the Johnson Avenue Bridge. The site also includes the adjacent creek banks, portions of Johnson Avenue and Pismo Street, and a staging and laydown area along the northwest side of Pismo Street (Figure 2). The approximately
0.35-acre Project Site includes portions of Assessor’s Parcel Numbers (APNs) 002-341-007 and 002-341-016. The approximate center of the Project Site is located at latitude 35.281432°N and longitude 120.654748°W (WGS-84 datum). Photos of the Project Site are provided in Figure 3 and Figure 4.
5. Project Sponsor’s Name and Address:
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Cannon Corporation
Contact: John W. Evans, P.E.
1050 Southwood Drive
San Luis Obispo, California 93401
6. General Plan Designations:
Medium Density Residential (12 dwelling units/acre); Office
CITY OF SAN LUIS OBISPO 2 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
7. Zoning:
Medium Density Residential (R-2) and Office (O); Public Right-of-Way
8. Description of the Project:
The Project would repair drainage control infrastructure along the banks of an approximately 180-linear foot stretch of San Luis Obispo Creek. A segment of existing concrete slope protection (pre-1957) on the southwest bank of San Luis Obispo Creek downstream of Johnson Avenue has failed and requires repair. In addition, vegetation growth and sediment accumulation along the inner radius of the channel bend has shifted the lowest point of the channel to the toe-of-slope along the damaged embankment, removing portions of the slope protection footing and creating additional exposure to the native soil underneath. As of 2021 the City has identified that additional failures of the underlying soils and subsequent concrete slope protection would jeopardize adjacent infrastructure (i.e., Pismo Street and the buried utilities underneath), downstream slope protection, trees and landscaping, and adjacent private property. The Project work plan is provided in Figure 5.
The existing concrete slope protection system downstream of the Johnson Avenue Bridge has been in place for over 75 years and has reached the end of its useful service life. Between 2017 and 2021 the amount of damaged area increased substantially and nearly the entire length of the concrete footing, which was designed as part of the slope protection, has been undermined and/or washed away. As of 2021 the existing San Luis Obispo Creek channel contours continue to move towards the toe-of-slope and erode additional material.
In September 2022 the City identified the need for emergency infrastructure measures along the banks of the Creek channel to prevent potential loss to adjacent infrastructure (i.e., Pismo Street and the buried utilities underneath), downstream slope protection, trees and landscaping, and adjacent private property during the 2022-2023 winter rain season. The emergency measures taken included removal and trimming of vegetation along the banks and repaired drainage control infrastructure along the left or south bank of San Luis Obispo Creek. Emergency measures also included filling the existing hole with riprap to mitigate the potential of further erosion and armoring the toe of the slope leading to the hole with riprap.
During the rain events in December 2022 and January 2023 the emergency infrastructure measures and existing drainage control infrastructure were further damaged resulting in minor revisions to the Description of the Project that was included in the public review Draft IS-MND circulated between November 28, 2022 and December 28, 2022. Photos of the Project Site following the rain events in December 2022 and January 2023 are provided in Figure 4. Revisions to the Description of the Project that was included in the public review Draft IS-MND are shown immediately below in strikethrough for deletions and underline for additions, and do not result in any changes to the findings of the environmental analysis in the Evaluation of Environmental Impacts section or resulting project mitigation in the Requirement Mitigation and Monitoring Programs section of this Initial StudyMitigated Negative Declaration.
The Project would include the following elements:
staged construction to remove the deteriorated concrete footing and construct a new concrete footing and soil nail wall;
removal of the remaining portions of the deteriorating concrete slab bank and installation of the soil nail wall in its place, with soil nails installed with 4 to 6-foot on-center spacing each way, to limit the disturbance of the existing slope and to minimize the amount of work in the creek channel; installation of a drainage system behind the soil nail wall to intercept groundwater flowing out of the embankment;
installation of a 25-foot long 18-to 24-inch wide concrete shade shelf adjacent to the lower pool in front of the rock-filled hole in the deteriorating concrete slab bank; vegetation thinning and sediment removal as necessary;
CITY OF SAN LUIS OBISPO 3 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 excavation on the westerly side of the creek to remove sediment buildup and expand creek capacity and resiliency (approximately 120 cubic yards);
addition of 6-inch high concrete weirs connected to underlying bedrock to limit bank incision, encourage ponding, and enhance fish habitat;
trimming the lower limbs of one alder tree, and cutting four willow trees and one sycamore tree to approximately 1 foot above existing grade, to reduce potential for future creek blockage due to fallen tree debris;1 and
revegetation with the use of native riparian trees and shrubs, a native hydroseed mix, and jute or coconut fiber erosion control blankets, as per the Habitat Mitigation and Monitoring Plan (HMMP) that will be prepared and implemented for the Project.
The first construction stage would require the work area at the base of the existing wall to be de-watered by diverting existing creek flows and dewatering the area until it is dry. Dewatering and creek diversion plans are described in more detail below.
The second construction stage would require the excavation of the loose soils and deteriorated concrete at the base of the existing concrete apron down to bedrock (approximately 2 to 3 feet) so a replacement footing can be added.
This work would be staggered from section to section to help support uphill soil and existing concrete slope protection from sliding further down the slope.
The third stage would involve the drilling of soil nails, and the installation of prefabricated drainage materials, reinforcing steel, and shotcrete. It is likely that the soil nails would be drilled with equipment staged from above on Pismo Street and would require the pruning of several of the large trees located between the upper retaining wall along Pismo Street and the top of the slope protection (no tree removals).
The fourth stage would be to install the concrete weir structures similar to the existing weir located at the downstream end of the Project Site. The weirs would be embedded 1 to 2 feet into the underlying bedrock. Weirs would be short enough (approximately 6 inches high) to allow fish passage while also increasing ponding and enhancing fish habitat. It is anticipated that vibratory and/or impact hammers would be utilized during construction for 4 to 5 days.
The final stage would include the vegetation trimming and cutting, excavation of the secondary channel, and revegetation. Creek shading would be temporarily reduced with the cutting of some trees. Re-vegetation and restoration of the Project Site would replace any removed creek shading with new tree canopies that use native species that are relatively fast growing.
Timing
The Project would be constructed as a single project within an approximately five-month period. The current expected construction duration requiring the creek flow diversion is 60 calendar days. Standard resource agency permit requirements typically restrict work during the rainy season; therefore, construction is proposed to occur between June 1 and October 15 within the creek banks unless a modified timeline is approved by the resource agencies. Work outside of the creek banks may start earlier or finish later than the permit-restricted periods.
Restoration monitoring would occur for approximately 3 to 5 years after construction, depending upon revegetation success and permit requirements.
1 Five oak trees that were present when the baseline for the environmental process was established have been removed from the Project area during winter 2022 under an emergency permit. This analysis anticipates the tree removal will require 1:1 replacement for the removed trees. However, the removal of the five oak trees and associated replacement requirements is part of a separate environmental regulatory process pursuant to the requirements of the emergency permit.
CITY OF SAN LUIS OBISPO 4 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Access
Access to the Project Site would be via Johnson Avenue and Pismo Street. Equipment, construction materials, and excavated materials would be raised and lowered into the San Luis Obispo Creek channel from the Johnson Avenue Bridge. Construction methods throughout all stages would prioritize options that keep large equipment out of the creek corridor and equipment would be operated from the Johnson Avenue Bridge and Pismo Street to the greatest extent feasible. Areas that cannot be reached by equipment operated from the existing bridge and adjacent streets would need to be excavated using smaller equipment, such as bobcats and mini-excavators, which would be lowered into the creek channel from the Johnson Avenue Bridge.
Dewatering and Flow Diversion
San Luis Obispo Creek is mostly a perennial creek. Therefore, it is anticipated that dewatering would be necessary for project construction. As previously mentioned, the first construction stage would require the work area at the base of the existing wall to be dewatered by diverting existing creek flows and dewatering the area until it is dry.
If/when dewatering becomes necessary, the following provides a description of the type of activities required. A double check dam diversion with a by-pass gravity pipeline and backup pumping system would be utilized. One 24-inch diameter diversion pipe, 210 feet long, would extend from the upper check dam (inlet) to the lower check dam (outlet). The pipe would be placed on the northwesterly side of the creek channel. The upper check dams would extend the entire width of the channel from wall to wall under the Johnson Avenue Bridge. An additional temporary check dam would be added just downstream of the limits of flood bench excavation within the creek channel. There would also be a sump pump placed between the two upper check dams and connected to 200 feet of 4-inch diameter pressure pipe, which would outlet just downstream of the lower check dam. The current expected construction duration requiring the creek flow diversion is 60 calendar days.
The final dewatering and flow diversion plan providing more detail would be prepared subsequently during the permitting process and will be submitted to the National Marine Fisheries Service (NMFS) and the other regulatory agencies at least 15 days prior to the start of construction.
Equipment
Equipment, construction materials, and excavated materials would be raised and lowered from the Johnson Avenue Bridge. It is anticipated the Project would utilize the following construction equipment:
two small rubber wheeled or rubber tracked skid steers (e.g., Bobcat, Caterpillar) for flood bench excavation within the creek channel;
a backhoe loader (wheeled) or small excavator (tracked) with jackhammer and bucket/ grabber attachments for removal of the existing concrete footing; a backhoe loader (wheeled or tracked) for shuttling/transferring construction materials; a small drill rig (tracked) with a side boom drill for installing the soil nail wall (to be used if all drilling cannot be reached with an extended arm drill rig from Pismo Street); a platform attachment for a backhoe loader to be used as a man-lift for shotcrete placement and core drilling of existing slab revetment; and
a hand operated rock drill (for anchoring into bedrock) with a compressor staged on Pismo Street for installation of new concrete weirs.
Staging
A construction staging and laydown area is planned for the northwest side of Pismo Street, from Johnson Avenue to approximately 200 feet southwest of the Johnson Avenue intersection (depicted in Figure 2).
CITY OF SAN LUIS OBISPO 5 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Soil Export
Approximately 120 cubic yards of material may need to be exported during construction, as part of the excavation of sediment buildup in the creek channel. Any exported soil would be lifted from the creek channel up to the Johnson Avenue Bridge and subsequently hauled to a location that can legally accept the material (e.g., Cold Canyon Landfill).
9. Project Entitlements:
The project would require City-issued permits for grading and construction.
10. Surrounding Land Uses and Settings:
The Project Site is immediately surrounded by residences to the southwest, and residential and commercial uses to the northwest. Single family residences are to the north, south, and east, across the intersections of Johnson Avenue and Pismo Street.
11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code Section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
Native American Tribes were notified about the project consistent with City and State regulations including, but not limited to, Assembly Bill 52.
During the request for consultation window, one response was received from the Salinan Tribe of Monterey and San Luis Obispo County on August 26th, 2022 requesting a consultation meeting to discuss concerns of undiscovered cultural resources in the project area. The City consulted with the Tribe regarding construction management practices and monitoring of disturbed soils during project construction. On December 2nd, 2022 the Tribe informed the City that they are in agreement with the mitigation measures laid out in the public review Draft IS-MND for unanticipated discoveries, and confirmed that no tribal monitoring is necessary during construction activities. The Tribe requested to be kept informed as the project moves forward.
Pursuant to PRC §21080.3.1 (b) the request for consultation window closed on September 30th, 2022. No other tribal agencies responded to the consultation request.
12. Other public agencies whose approval is required:
Regulatory compliance for work within San Luis Obispo Creek is expected to require permit/authorizations from the following agencies.
U.S. Army Corps of Engineers Clean Water Act Section 404 permit for fill in waters of the U.S. Regional Water Quality Control Board Clean Water Act Section 401 Water Quality Certification for fill in waters of the U.S., diversion of San Luis Obispo Creek, and dewatering discharge for the lift station and open trench construction in San Luis Obispo Creek.
California Department of Fish and Wildlife Streambed Alteration 1600 Agreement for excavation, fill, and removal of riparian vegetation.
U.S. Fish and Wildlife Service Endangered Species Act take authorization (Biological Opinion) for potential impacts on the California red-legged frog.
National Marine Fisheries Service Endangered Species Act take authorization (Biological Opinion) for potential impacts on central California coast steelhead.
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13. Environmental review process:
Pursuant to the California Environmental Quality Act (CEQA), lead agencies are required to consult with public agencies having jurisdiction over a proposed project and to provide the general public with an opportunity to comment on the Draft IS-MND. The Draft IS-MND was circulated for a 30-day public review period that began on November 28, 2022 and ended on December 28, 2022. The Notice of Availability and Intent to Adopt a Mitigated Negative Declaration was posted in a local newspaper and sent to federal, State, and local agencies, as well as interested parties. The Draft IS-MND was posted electronically on the City’s website, and a paper copy was available for public review at the City of San Luis Obispo Community Development Department.
Outside of comments received from Native American Tribal representatives during the AB 52 consultation window described in Section 11 above, the City did not receive any comment letters on the Draft IS-MND during the public review period.
CITY OF SAN LUIS OBISPO 7 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Figure 1 Regional Location
CITY OF SAN LUIS OBISPO 8 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Figure 2 Project Location
CITY OF SAN LUIS OBISPO 9 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Figure 3 Site Photos
Photograph 1. View of the south bank of San Luis Obispo Creek where the concrete infrastructure has been undercut and eroded by water flow (facing south, May 3, 2022).
Photograph 2. The natural bottom culvert underneath Johnson Avenue (facing northeast, May 3, 2022).
CITY OF SAN LUIS OBISPO 10 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Figure 4 Site Photos
Photograph 3. View of the south bank of San Luis Obispo Creek where the concrete infrastructure has been damaged by rain events in December 2022 and January 2023 (facing south, January 26, 2023).
Photograph 4. The natural bottom culvert underneath Johnson Avenue following (facing northeast, January 26, 2023).
CITY OF SAN LUIS OBISPO 11 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Figure 5 Project Work Plan
Project 95% Work Plan as of December 2022. The Work Plans are currently being updated by City staff and Project engineers to reflect removal of the remaining portions of the deteriorating concrete slab bank, installation of a 25-foot long 18-to 24-inch wide concrete shade shelf, and updated tree trimming/removal described in Section 8, Description of the Project.
CITY OF SAN LUIS OBISPO 12 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. ☒ Aesthetics ☐ Greenhouse Gas Emissions ☐ Public Services ☐ Agriculture and Forestry
Resources ☐ Hazards and Hazardous Materials ☐ Recreation ☐ Air Quality ☒ Hydrology and Water Quality ☐ Transportation ☒ Biological Resources ☐ Land Use and Planning ☒ Tribal Cultural Resources ☒ Cultural Resources ☐ Mineral Resources ☐ Utilities and Service Systems ☐ Energy ☒ Noise ☐ Wildfire
☒ Geology and Soils ☐ Population and Housing ☒ Mandatory Findings of Significance
FISH AND WILDLIFE FEES
☐
The California Department of Fish and Wildlife has reviewed the CEQA document and written no effect determination request and has determined that the project will not have a potential effect on fish, wildlife, or habitat (see attached determination).
☒
The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish and Game fees pursuant to Section 711.4 of the California Fish and Game Code. This initial study has been circulated to the California Department of Fish and Wildlife for review and comment.
STATE CLEARINGHOUSE
☒
This environmental document must be submitted to the State Clearinghouse for review by one or more State agencies (e.g. Cal Trans, California Department of Fish and Wildlife, Department of Housing and Community Development). The public review period shall not be less than 30 days (CEQA Guidelines 15073(a)).
CITY OF SAN LUIS OBISPO 13 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 DETERMINATION (To be completed by the Lead Agency):
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ☐
I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made, by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ☒
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ☐
I find that the proposed project MAY have a “potentially significant” impact(s) or “potentially significant unless mitigated” impact(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed ☐
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
☐
January 30, 2023
Signature Date
Shawna Scott For: Michael Codron,
Printed Name Community Development Director
CITY OF SAN LUIS OBISPO 14 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
EVALUATION OF ENVIRONMENTAL IMPACTS
1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.
4. “Negative Declaration: Less Than Significant with Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 19, "Earlier Analysis," as described in (5) below, may be crossreferenced).
5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration (Section 15063 (c) (3) (D)). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they addressed site-specific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.
8. The explanation of each issue should identify:
d) the significance criteria or threshold, if any, used to evaluate each question; and e) the mitigation measure identified, if any, to reduce the impact to less than significance
CITY OF SAN LUIS OBISPO 15 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
1. AESTHETICS
Except as provided in Public Resources Code Section 21099, would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a scenic vista? 25 ☐ ☐ ☐ ☒ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, open space, and historic buildings within a local or state scenic highway?
9 ☐ ☐ ☒ ☐
c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
13, 14 ☐ ☐ ☒ ☐
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 14 ☐ ☒ ☐ ☐ Evaluation
The Project Site is located at San Luis Obispo Creek, within the Johnson Avenue residential neighborhoods. This area contains smaller lots from the mid-20th century, mature street trees, and occasional long-distance views of nearby hills (City of San Luis Obispo 2014a). The Project Site is surrounded by one-story residential uses, Johnson Avenue and Pismo Street to the east and south, and a commercial shopping center approximately 110 feet northwest. The nearest officially designated State Scenic Highway, State Route 1, is approximately 0.63-mile northwest of the Project Site and there is no line of sight between State Route 1 and the Project Site. United States Route 101 (U.S. 101), an Eligible Scenic Highway approximately 0.57-mile northwest of the Project Site, is also not visible from the Project Site (Caltrans 2018). The City identifies the portion Johnson Avenue that intersects the Project Site as having moderate scenic value (City of San Luis Obispo 2014a). a) The Project Site is not located in an area with an identified scenic vista. The City designates the intersection of Johnson Avenue and Bishop Street as a scenic vista, approximately 0.68-mile southeast of the Project Site, due to the ability to view the surrounding foothills to the northeast of the scenic vista (City of San Luis Obispo 2014a). The Project Site is not visible from or located within the viewshed of the Johnson Avenue and Bishop Street scenic vista or any other designated scenic vista. Therefore, the Project would not have a substantial adverse effect on a scenic vista, and no impact would occur.
b) Riparian vegetation and surrounding development block views of the Project Site from State Route 1 and U.S. 101, which are Officially Designated and Eligible Scenic Highways, respectively. Although a portion of Johnson Avenue is identified as having moderate scenic value, temporary construction would not have a substantial adverse effect on riparian vegetation along the banks of the San Luis Obispo Creek as viewed from Johnson Avenue. The proposed repairs to drainage control infrastructure along the banks of San Luis Obispo Creek would reduce the likelihood of structural failure which could damage existing trees along the banks of the creek that serve as scenic resources. Construction would be temporary, lasting approximately five months, and all equipment would be staged at the northwest side of Pismo Street, which would minimize obstruction of trees from Johnson Avenue. The Project would not have a substantial adverse effect on any scenic resources, including, but not limited to, trees, rock outcroppings, open space, and historic buildings within a local or state scenic highway. Therefore, this impact would be less than significant. c) The Project Site includes a portion of the San Luis Obispo Creek corridor and is surrounded by existing urban development. The Project Site is zoned Office (O) and Medium Density Residential (R-2) (City of San Luis Obispo 2022a). The City of San Luis Obispo Municipal Code (Municipal Code) does not regulate visual character within these zoning designations (City of San Luis Obispo 2022b). In addition, based on the location and nature of the Project, the
CITY OF SAN LUIS OBISPO 16 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Project would not conflict with the City’s Conservation and Open Space Element Policy 9.2.1 which prohibits development projects from obstructing views that can be seen from scenic roadways (City of San Luis Obispo 2014b).
Construction of the Project would involve temporary staging on the northwest side of Pismo Street, which is visible from the intersection of Johnson Avenue and Pismo Street. Although temporary staging areas and construction activities within the San Luis Obispo Creek corridor could affect existing visual character, equipment usage, staging, and site access would be temporary. Upon completion, all materials and equipment would be removed from the Project Site.
The Project would not introduce new permanent features that have the potential to substantially degrade the existing visual character or quality of the site, as Project components consist of replacement structures for existing components that have structurally failed. One alder tree within the San Luis Obispo Creek corridor would be pruned, and one sycamore tree and four willow trees would be cut which could degrade existing visual character of the Project Site. In addition, five oak trees that were present when the baseline for the environmental process was established have been removed from the Project area during winter 2022 under an emergency permit. This analysis anticipates the tree removal will require 1:1 replacement for the removed trees pursuant to the requirements of the emergency permit. However, pursuant to Municipal Code Section 12.24.150, the trimming, pruning, and cutting of trees would occur in accordance with all Society of Arboriculture standards, and in no case would more than one-third of the tree canopy be removed (City of San Luis Obispo 2022b). Adherence to Municipal Code regulations would ensure pruning would not substantially alter the aesthetic quality of riparian trees. The Project would not conflict with applicable zoning and other regulations governing scenic quality or substantially degrade existing visual character or quality. Therefore, this impact would be less than significant.
d) Project components would be located within the San Luis Obispo Creek corridor. Pursuant to Municipal Code Section
9.12.050, construction work would generally be limited to daytime hours between 7:00 a.m. and 7:00 p.m. unless discretionary approval for nighttime work is granted by the City’s Community Development Department. Daytime work would not require the use of temporary flood lights or other light/glare generating sources during the day (City of San Luis Obispo 2022b). Nighttime work, if necessary, would be carried out in accordance with lighting provisions set forth by the City’s Community Development Department. In the event nightwork is necessary, the project shall comply with identified mitigation requiring that any portable lighting shall be shielded and/or directed away from adjacent properties As a result, no substantial temporary sources of light or glare would be introduced to the Project Site or surrounding vicinity during construction. Once construction activities are completed, there would be no long-term sources of light or glare or new materials which have the potential to emit light or glare. The Project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. Therefore, this impact would be less than significant with mitigation.
Mitigation Measures
AES-1 Nighttime Work Requirements. In the event nighttime work is necessary during the Project construction phase, any portable lighting shall be shielded and/or directed away from adjacent properties.
Conclusion
No significant impacts to scenic vistas, scenic resources, or scenic highways would occur. With implementation of Mitigation Measure AES-1, the Project would not generate new sources of permanent light or glare.
CITY OF SAN LUIS OBISPO 17 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
2. AGRICULTURE AND FORESTRY RESOURCES
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Sources Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? 3 ☐ ☐ ☐ ☒
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 3 ☐ ☐ ☐ ☒
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
3 ☐ ☐ ☐ ☒
d) Result in the loss of forest land or conversion of forest land to non-forest use? 3 ☐ ☐ ☐ ☒
e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
3 ☐ ☐ ☐ ☒
Evaluation
The California Department of Conservation’s (DOC) Farmland Mapping and Monitoring Program identifies the Project Site as Urban and Built-Up Land, which is defined as land that is occupied by structures with a building density of at least one unit to
1.5 acres (DOC 2018). The Project Site is zoned Office (O) and Medium Density Residential (R-2). The Project Site is not located within or adjacent to active agricultural uses, land zoned for agriculture, or classified forest land (City of San Luis Obispo 2014a).
a;b) The Project Site does not contain land designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance as mapped by the DOC (DOC 2018). As such, there is no potential for the Project to convert such lands to nonagricultural uses. The Project Site is not currently zoned for agriculture or held under Williamson Act or any other land conservation contract, nor is it located adjacent to property that is zoned for agriculture or under active agricultural use.
The Project would not convert Farmland or conflict with existing zoning for agricultural use or a Williamson Act contract.
Therefore, no impact would occur.
c;d) The Project Site does not contain land that is in current timberland production, including any lands designated as forest land or timberland. Therefore, the Project would not conflict with existing zoning for forest land, timberland, or timberland
CITY OF SAN LUIS OBISPO 18 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 zoned Timberland Production, or result in the loss of forest land or conversion of forest land to non-forest use. No impact would occur.
e) The Project Site does not contain any agricultural land, forest land, or timberland. The Project would not result in the conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use. No impact would occur.
Mitigation Measures
No mitigation measures are required.
Conclusion
The Project Site does not contain any agricultural land, forest land, or timberland, and no mitigation would be required.
CITY OF SAN LUIS OBISPO 19 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
3. AIR QUALITY
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations.
Would the project: Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with or obstruct implementation of the applicable air quality plan? 44 ☐ ☐ ☒ ☐
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? 42 ☐ ☒ ☐ ☐
c) Expose sensitive receptors to substantial pollutant
concentrations? 42 ☐ ☒ ☐ ☐
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? 38 ☐ ☒ ☐ ☐ Evaluation
The Project Site is located in the South Central Coast Air Basin (Basin), which covers San Luis Obispo, Santa Barbara, and Ventura counties (California Air Resources Board [CARB] 2014). The San Luis Obispo Air Pollution Control District (SLOAPCD) monitors and regulates the local air quality in San Luis Obispo County and enforces the Air Quality Management Plan (AQMP). SLOAPCD is required to monitor air pollutant levels to ensure that National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) are met and, if they are not met, to develop strategies to meet the standards.
Depending on whether the standards are met or exceeded, the Basin is classified as being in “attainment” or “nonattainment” for air quality. SLOAPCD releases an Annual Air Quality Report that describes NAAQS and CAAQS attainment statuses for the Basin. The Basin is in nonattainment for the federal standards for precursors to ozone (reactive organic gasses (ROG) and nitrous oxide (NOX), and the State standards for ozone and particulate matter 10 microns or less in diameter (PM10) (SLOAPCD 2022a).
The Basin is designated in attainment for all other federal and State standards. The Project Site is located in the northern portion of the Basin, which has moderate variability in temperature, tempered by coastal processes. Air quality in the Basin is influenced by a wide range of emissions sources, such as dense population centers, heavy vehicular traffic, industry, and weather.
Under State law, SLOAPCD is required to prepare a plan for air quality improvement for pollutants for which its jurisdiction is in nonattainment. Because the Basin is currently designated nonattainment for federal and State standards for ozone precursors, and State standards for PM10, SLOAPCD is required to implement strategies that would reduce pollutant levels to recognized acceptable standards. SLOAPCD adopted the Clean Air Plan in 2001 which evaluates long-term emissions and establishes programs to reach acceptable air quality levels (SLOAPCD 2001). SLOAPCD has also adopted the Particulate Matter Report to identify strategies to reduce public exposure to particulate matter, and the Ozone Emergency Episode Plan which provides the basis for taking action when ambient ozone concentrations reach a level that poses a threat to public health in the County (SLOAPCD 2005; SLOAPCD 2020a).
SLOAPCD provides numerical thresholds to analyze the significance of a project’s construction and operational emissions impacts on regional air quality. These thresholds, listed in Table 1, are designed such that a project with estimated emissions that do not exceed the thresholds would not have an individually or cumulatively significant impact to the Basin’s air quality.
CITY OF SAN LUIS OBISPO 20 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Table 1: SLOAPCD Air Quality Significance Thresholds
Maximum Daily Thresholds
Pollutant
Construction
(pounds/day)
Operation
(pounds/day)
Reactive Organic Gases (ROG) +
Nitrous Oxide (NOx) (combined)
137 25
Diesel Particulate Matter (DPM2.5) 7 1.25
Fugitive Particulate Matter (PM10) – 25
Source: SLOAPCD 2022b
Sensitive receptors typically include residences, schools, healthcare facilities, and other live-in housing facilities such as prisons or dormitories. The closest sensitive receptors to the Project Site are residential properties located approximately 12 feet southwest from the Project Site’s eastern boundary and 20 feet north of the Project’s northern boundary. a) A project may be inconsistent with the Clean Air Plan if it would generate population growth exceeding the forecasts used in development of the Clean Air Plan, generate an increase in vehicle trips and miles traveled beyond the rate of population growth, or would not include applicable land use and transportation control measures from the Clean Air Plan to the extent feasible (SLOAPCD 2001). The Project does not include the development of new housing or businesses, and long-term maintenance of the Project would not require new personnel or additional vehicle trips to the Project Site. Furthermore, the Project would be required to comply with applicable measures from the Clean Air Plan, such as only using construction vehicles that are consistent with emissions limits for gasoline and diesel-powered vehicles set by the United States Environmental Protection Agency (U.S. EPA). Therefore, the Project would not conflict with or obstruct implementation of the applicable air quality plan, and this impact would be less than significant. b) The Project would not generate criteria pollutant emissions associated with long-term operations and maintenance because it would not require new personnel or additional vehicle trips to the Project Site beyond existing conditions, and no Project component would result in the generation of criteria air pollutant emissions. Therefore, no operational air quality impact would occur.
The Project would involve temporary construction activities that would result in short-term criteria pollutant emissions.
Project construction would generate temporary emissions associated with fugitive dust and exhaust emissions from heavy vehicles and worker vehicles. SLOAPCD utilizes screening emissions rates for construction operations, based on the volume of soil moved and the area disturbed (SLOAPCD 2012). These values can be used to calculate a project’s constructionrelated air quality impacts. The screening criteria are shown in Table 2 below.
Table 2: SLOAPCD Screening Emissions Rates for Construction Pollutant
Grams/Cubic Yard of
Material Moved
Pounds/Cubic Yard of
Material Moved
DPM2.5 2.2 0.0049
ROG 9.2 0.0203
NOx 42.4 0.0935
PM10 0.75 tons/acre/month of construction activity (assuming 22 days of operation per month)
Source: SLOAPCD 2012
CITY OF SAN LUIS OBISPO 21 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Project activities would disturb approximately 120 cubic yards of soil. Based on the rates presented in Table 2, disturbance from Project would result in the following criteria pollutant emissions during project construction:
Table 3: Short-Term Criteria Pollutant Emissions
Pollutant
Project Emissions
(total)
SLOAPCD Screening
Levels
Exceeds
Threshold?
ROG + NOx 14 lbs 137 lbs/day No
DPM 0.6 lbs 7 lbs/day No
PM10 0.3 tons/per acre/per month – No
ROG and NOx combined - 120 x 0.1138 = 13.656 total lbs
Diesel Particulate Matter – 120 x 0.0049 = 0.588 total lbs PM10 – 0.75 tons x 0.35 acres = -.2625 tons/acre/per month Source: SLOAPCD 2012
The estimated Project construction emissions would not exceed SLOAPCD air quality significance thresholds for ROG, NOX, DPM, or PM10 shown in Table 1.
In addition to the criteria pollutant emissions shown in Table 3, Project activities could generate fugitive dust which has the potential to exceed the SLOAPCD 20 percent opacity limit for fugitive dust. To minimize fugitive dust and associated nuisance impacts, the project would be required to implement SLOAPCD dust and emissions reduction measures in compliance with SLOAPCD Rule 401 and 402, which are described in Mitigation Measure AQ-1. The Project would be required to implement standard SLOAPCD requirements which would minimize temporary construction emissions.
Therefore, with Implementation of Mitigation Measure AQ-1 would ensure the Project would adhere to the requirements set forth by SLOAPCD to minimize temporary construction emissions. As a result, the Project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard. Therefore, this impact would be less than significant with required mitigation incorporated.
c) The closest sensitive receptors to the Project Site are residential properties located immediately to the north and west.
Construction activities such as excavation and vegetation removal would result in temporary construction emissions and fugitive dust that may affect nearby sensitive receptors. As described under criterion (b), the Project would be required to implement Mitigation Measure AQ-1 which describes standard SLOAPCD fugitive dust control measures to enforce Rules 401 and 402, which would reduce sensitive receptor exposure to fugitive dust. The use and idling of construction vehicles could result in temporary criteria pollutant emissions, which would be a potentially significant impact. Mitigation Measure AQ-2 would implement standard SLOAPCD equipment idling restrictions near sensitive receptors pursuant to California Code of Regulations Title 13, Section 2485. Implementation of Mitigation Measure AQ-2 would reduce exposure of sensitive receptors to adverse construction vehicle emissions.
Naturally occurring asbestos (NOA) has been identified by CARB as a toxic air contaminant. Serpentinite and ultramafic rocks are common throughout San Luis Obispo and may contain naturally occurring asbestos (SLOAPCD 2012). Under CARB’s Air Toxic Control Measures (ATCM) related to construction and grading, a geologic evaluation is required to determine of NOA is present prior to any grading activities at the Project Site. If NOA is found at the site, requirements outlined in CARB’s ATCM would be enforced. Mitigation Measures AQ-3 and AQ-4 would require Project Site disturbance activities in full compliance with applicable federal, State, and local regulations associated with NOA, minimizing the chance of sensitive receptor exposure to NOA.
With implementation of Mitigation Measures AQ-2 through AQ-4, sensitive receptors would not be exposed to substantial pollutant concentrations. This impact would be less than significant with required mitigation incorporated. d) The Project would not involve operation of any land uses listed by SLOAPCD as facilities and operations that may generate significant odors, such as asphalt batch plants, oil fields, sanitary landfills, or wastewater treatment plants (SLOAPCD 2022b).
Project construction activities would generate temporary odors associated with diesel exhaust emitted by operation of dieselPage 117 of 493 CITY OF SAN LUIS OBISPO 22 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 powered construction equipment. However, these odors would be localized to the area immediately surrounding the on-site activity and restricted to the duration of equipment use, which would be temporary and infrequent in nature. Since the project is within 1,000 feet of identified sensitive receptors (approximately 12 feet southwest from the Project Site’s eastern boundary and 20 feet north of the Project’s northern boundary), contractors would be required to comply with the provisions of Mitigation Measure AQ-2, which limits diesel-fueled commercial motor vehicles and off-road diesel vehicles from idling for more than five minutes, thereby reducing exposure of people to diesel odors. Consequently, with implementation of Mitigation Measure AQ-2, the Project would not result in other emissions, such as those leading to odors, adversely affecting a substantial number of people. This impact would be less than significant with mitigation incorporated.
Mitigation Measures
AQ-1 Fugitive Dust Reduction. Throughout the construction phase of the project, the project proponent/contractor shall implement the following fugitive dust reduction measures to minimize impacts to sensitive receptors. These fugitive dust reduction measures shall be shown on grading plans:
Reduce the amount of the disturbed area where possible; Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site and from exceeding the APCD’s limit of 20% opacity for greater than 3 minutes in any 60-minute period. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. When drought conditions exist and water use is a concern, the contractor or builder should consider use of a dust suppressant that is effective for the specific site conditions to reduce the amount of water used for dust control;
All dirt stockpile areas should be sprayed daily and covered with tarps or other dust barriers as needed; All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible, and building pads should be laid as soon as possible after grading unless seeding, soil binders or other dust controls are used; All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) or otherwise comply with California Vehicle Code (CVC) Section 23114;
“Track-Out” is defined as sand or soil that adheres to and/or agglomerates on the exterior surfaces of motor vehicles and/or equipment (including tires) that may then fall onto any highway or street as described in CVC Section 23113 and California Water Code 13304. To prevent ‘track out’, designate access points and require all employees, subcontractors, and others to use them. Install and operate a ‘track-out prevention device’ where vehicles enter and exit unpaved roads onto paved streets. The ‘track-out prevention device’ can be any device or combination of devices that are effective at preventing track out, located at the point of intersection of an unpaved area and a paved road. Rumble strips or steel plate devices need periodic cleaning to be effective. If paved roadways accumulate tracked out soils, the track-out prevention device may need to be modified; All fugitive dust mitigation measures shall be shown on grading plans; The contractor or builder shall designate a person or persons whose responsibility is to ensure any fugitive dust emissions do not result in a nuisance and to enhance the implementation of the mitigation measures as necessary to minimize dust complaints and reduce visible emissions below the APCD’s limit of 20% opacity for greater than 3 minutes in any 60-minute period. Their duties shall include holidays and weekend periods when work may not be in progress (for example, wind-blown dust could be generated on an open dirt lot). The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition (Contact the Compliance Division at 805- 781-5912). Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible, following completion of any soil disturbing activities; Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non-invasive grass seed and watered until vegetation is established; All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site;
CITY OF SAN LUIS OBISPO 23 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers shall be used with reclaimed water where feasible. Roads shall be pre-wetted prior to sweeping when feasible; Take additional measures as needed to ensure dust from the Project Site is not impacting areas outside the project boundary
AQ-2 Equipment Idling Restrictions. Throughout the construction phase of the project, the project proponent/contractor shall implement the following idling restrictions to minimize impacts to sensitive receptors. These idling restrictions shall be shown on grading and construction plans:
a. Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road Equipment
1. Staging and queuing areas shall be located at the greatest distance feasible from sensitive receptor locations;
2. Diesel idling while equipment is not in use is not permitted;
3. Use of alternative-fueled equipment is recommended whenever possible; and
4. Signs that specify the no-idling requirements shall be posted and enforced at the construction site. b. Idling Restrictions for On-Road Vehicles. Section 2485 of California Code of Regulations Title 13 limits dieselfueled commercial motor vehicles that operate in the State of California with gross vehicular weight ratings of greater than 10,000 pounds and licensed for operation on highways. It applies to California- and non-Californiabased vehicles. In general, the regulation specifies that drivers of said vehicles:
1. Shall not idle the vehicle’s primary diesel engine while vehicle is not in use, except as noted in Subsection (d) of the regulations; and
2. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heated, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than five minutes at any location when within 100 feet of a restricted area, except as noted in Subsection (d) of the regulation. c. Idling Restrictions for Off-Road Equipment. Off-road diesel equipment shall comply with the no-idling requirement. Signs shall be posted at the construction site to remind off-road equipment operators of the no-idling requirement.
AQ-3 Naturally Occurring Asbestos Evaluation. Prior to initiation of ground-disturbing activities, the applicant shall retain a registered geologist to conduct a geologic evaluation of the property, including sampling and testing for naturally occurring asbestos in full compliance with SLOAPCD requirements and the CARB ATCM for Construction, Grading, Quarrying, and Surface Mining Operations (17 California Code of Regulations 93105). This geologic evaluation shall be submitted to the City Community Development Department upon completion. If the geologic evaluation determines that the project would not have the potential to disturb asbestos containing materials, the applicant must file an Asbestos ATCM exemption request with the SLOAPCD.
AQ-4 Minimization of Asbestos-Related Impacts. If asbestos containing materials are present on-site, proposed earthwork, demolition, and construction activities shall be conducted in full compliance with the various regulatory jurisdictions regarding asbestos containing materials, including the CARB ATCM for Construction, Grading, Quarrying, and Surface Mining Operations (17 California Code of Regulations 93105) and requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (NESHAP; 40 Code of Federal Regulations Section 61, Subpart M – Asbestos).
These requirements include, but are not limited to, the following:
Written notification, within at least 10 business days of activities commencing, to the SLOAPCD; Preparation of an asbestos survey conducted by a Certified Asbestos Consultant; and Implementation of applicable removal and disposal protocol and requirements for identified ACM.
Conclusion
With implementation of Mitigation Measures AQ-1 through AQ-4, Project impacts to air quality would be reduced to a lessthan-significant level.
CITY OF SAN LUIS OBISPO 24 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
4. BIOLOGICAL RESOURCES
Would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
52, 53,
54, 56 ☐ ☒ ☐ ☐
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
52, 53,
54, ☐ ☒ ☐ ☐
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
59, 66 ☐ ☐ ☒ ☐
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
52, 53,
54, 67 ☐ ☒ ☐ ☐
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
65, 66 ☐ ☐ ☒ ☐
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
64, 65,
66 ☐ ☐ ☐ ☒
Evaluation
Regulatory authority over biological resources is shared by federal, State, and local authorities under a variety of statutes and guidelines. The California Department of Fish and Wildlife (CDFW) is a trustee agency for biological resources throughout the State under CEQA and also has direct jurisdiction under the California Fish and Game Code (CFGC). Under the California and federal Endangered Species Acts (CESA/ESA), the CDFW and the United States Fish and Wildlife Service (USFWS) also have direct regulatory authority over species formally listed as threatened or endangered and species protected by the Migratory Bird Treaty Act (MBTA). The United States Army Corp of Engineers (USACE) asserts jurisdiction under Section 404 of the Clean Water Act (CWA) over stream, lake, and wetland features with a surface connection to navigable waters of the United States.
The Regional Water Quality Control Board (RWQCB) also has jurisdiction over waters of the U.S. and waters of the State under Section 401 of the CWA and the Porter-Cologne Water Quality Control Act.
Rincon Consultants, Inc. (Rincon) prepared a Biological Resources Assessment (BRA) in June 2022. The BRA is included as Attachment A. The BRA documents existing site conditions based on literature review and a field reconnaissance survey, and evaluation for the potential presence of special-status biological resources, including plant and wildlife species, plant communities, jurisdictional waters and wetlands, and habitat for nesting birds. The study area for the BRA included a 50-foot buffer surrounding the Project Site, which includes approximately 180-linear-foot reach of the San Luis Obispo Creek downstream from the Johnson Avenue bridge, the adjacent creek banks, portions of Johnson Avenue and Pismo Street, and the staging area along the northwest side of Pismo Street.
a) Special-Status Plant Species. Two special-status plant species have a low potential to occur within the Project Site. These species are listed in Table 4 below.
CITY OF SAN LUIS OBISPO 25 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Table 4: Special-status Plant Species with Potential to Occur in the Project Site Scientific Name Common Name Status Potential to Occur
Arenaria paludicola marsh sandwort FE/SE/CRPR 1B.1 Low Potential Sanicula maritima adobe sanicle SR/CRPR/1B.1 Low Potential FE = Federally Endangered; SE = State Endangered; SR = State Rare; CRPR = California Rare Plant Rank 1B = Rare, Threatened, or Endangered in California and elsewhere .1 = Seriously endangered in California (more than 80 percent of occurrences threatened/high degree and immediacy of threat)
Source: Biological Resources Assessment, Rincon Consultants, June 2022 (Attachment A) Marginally suitable habitat for the marsh sandwort occurs along the sandy margins of the San Luis Obispo Creek within the Project Site. Marginally suitable habitat for the adobe sanicle occurs along the banks of the San Luis Obispo Creek. Although these special-status plant species have a low potential to occur within the Project Site, if these plants are present at the Project Site during the commencement of Project activities, the Project has the potential to result in direct and indirect impacts to these plant species, by means of the removal of the individual plant itself or removal of suitable habitat for the species. The potential to impact special-status plant species, directly and indirectly, is a potentially significant impact.
Mitigation Measures BIO-1 through BIO-5 require worker environmental awareness training, mandatory Project Site delineation to protect sensitive resources, standard procedures for invasive species management, preconstruction surveys to identify the presence, if any, of special-status plant species within the Project Site, and compensatory mitigation and performance standards if a special-status plant species is identified and cannot be avoided. Implementation of Mitigation Measures BIO-1 through BIO-5 would reduce potential impacts to special-status plant species to a less-than-significant level.
Special-Status Animal Species. Thirteen special-status wildlife species have varying potential to occur within the Project Site. These species are listed in Table 5 below.
Table 5: Special-status Wildlife Species with Potential to Occur within the Project Site Scientific Name Common Name Status Potential to Occur
Invertebrates
Danaus plexippus pop.1 Monarch butterfly FC High Potential Fish
Entosphenus tridentatus Pacific lamprey SSC Present
Oncorhynchus mykiss
irideus
South-central California coast
DPS steelhead
FT Present
Amphibians
Batrachoseps minor Lesser slender salamander SSC Low Potential Rana draytonii California red-legged frog FT/SSC High Potential Taricha torosa Coast range newt SSC High Potential
Reptiles
Actinemys pallida southwestern pond turtle SSC Moderate Potential Birds
Accipiter cooperii Cooper’s hawk WL High Potential
Elanus leucurus white-tailed kite FP Moderate Potential Falco columbarius merlin WL Low Potential
Setophaga petechia yellow warbler SSC High Potential
Mammals
Antrozous pallidus pallid bat SSC Low Potential
Corynorhinus townsendii Townsend’s big-eared bat SSC Low Potential FT = Federally Threatened; FC = Federal Candidate; SE = State Endangered; SSC = CDFW Species of Special Concern; FP = State Fully Protected; WL = CDFW Watch List Source: Biological Resources Assessment, Rincon Consultants, June 2022 (Attachment A)
CITY OF SAN LUIS OBISPO 26 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Although the pallid bat and Townsend’s big-eared bat are special-status wildlife species listed with a potential to occur within the Project Site, these species are not State or federally listed, and have a low potential to occur on site (Attachment A). Nonetheless, Mitigation Measures BIO-1 and BIO-11 require worker environmental awareness training, preconstruction surveys which would include nesting birds and bats, and on-site biological monitoring of construction activities that may impact sensitive biological resources. Implementation of Mitigation Measures BIO-1 and BIO-11 would ensure potential impacts to special-status animal species including pallid bat and Townsend’s big-eared bat would be less than significant with mitigation.
Monarch Butterfly
The Project Site does not contain suitable roosting or overwintering habitat for the monarch butterfly. However, a small stand of blue gum eucalyptus trees along the southern bank of San Luis Obispo Creek approximately 50 feet west of the Project Site could provide suitable habitat for monarchs to roost in these trees. As such, monarch butterflies have a high potential to move through the Project Site. If monarch butterflies are present within the Project Site during construction activities, direct impacts could occur including the injury or mortality of individuals. As such, impacts to monarch butterflies would be potentially significant.
Mitigation Measures BIO-1 and BIO-11 require worker environmental awareness training and on-site biological monitoring during Project activities. Based on implementation of these measures, potential impacts would be less than significant with mitigation.
Pacific Lamprey
A 2018 assessment conducted by the USFWS concluded Pacific lamprey were present within the San Luis Obispo Creek.
Although no habitat known to contain larvae is present within the Project Site, the confirmed presence of Pacific lamprey within the San Luis Obispo Creek strengthens the possibility individuals could be present within the Project Site during construction activities, which have the potential to directly or indirectly result in injury or mortality to individuals due to equipment use, streambed disturbance, vegetation disturbance, and changes to water quality. In addition, dewatering could result in the temporary loss of aquatic habitat and invertebrate food sources for the Pacific lamprey. As such, impacts to the Pacific lamprey would be potentially significant.
Mitigation Measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-6, BIO-11, and BIO-12 require worker environmental awareness training, Project Site delineation to protect sensitive resources, implementation of best management practices (BMPs) to protect water quality, standard procedures for invasive species management, avoidance and minimization measures for the Pacific lamprey, on-site biological monitoring during Project activities, and implementation of a HMMP. Based on implementation of these measures, potential impacts would be less than significant with mitigation.
South-Central California Coast Steelhead DPS
Critical habitat for South-Central California Coast Steelhead DPS (steelhead) exists within the San Luis Obispo Creek, and deep pools in the creek are known to support steelhead. If steelhead are present within the Project Site during dewatering or construction, activities including equipment use, noise generated by vibratory hammers (i.e., jackhammer), and temporary loss of aquatic habitat and invertebrate food sources could directly impact steelhead. Other potential impacts, such as the disturbance of the streambed, changes to water quality, disturbance of streamside vegetation, and removal of existing cement structures could result in indirect impacts to steelhead. Therefore, impacts to steelhead would be potentially significant.
Mitigation Measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-7, BIO-11, and BIO-12 require worker environmental awareness training, Project Site delineation to protect sensitive resources, implementation of BMPs to protect water quality, procedures for invasive species management, avoidance and minimization measures for steelhead, on-site biological monitoring during Project activities, and implementation of a HMMP. Based on implementation of these measures, potential impacts would be less than significant with mitigation.
CITY OF SAN LUIS OBISPO 27 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 California Red-legged Frog
The Project Site falls within federally designated critical habitat for California red-legged frog (Attachment A). The Project Site contains suitable riparian habitat and undercut banks preferred by the species, as well as permanent water resources that can be used for larval development. California red-legged frog is known to occur in San Luis Obispo Creek, including sixteen documented occurrences within five miles noted by CDFW’s California Natural Diversity Database (CNDDB) (Attachment A). Therefore, California red-legged frog has a high potential to occur within the Project Site. Construction activities could result in the injury or mortality of individuals, as well as disruption of foraging, migration, or breeding habitat, which is a potentially significant impact.
Mitigation Measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-8, BIO-11, and BIO-12 require worker environmental awareness training, Project Site delineation to protect sensitive resources, implementation of BMPs to protect water quality, procedures for invasive species management, avoidance and minimization measures for the California red-legged frog, on-site biological monitoring during Project activities, and implementation of a HMMP. Based on implementation of these measures, potential impacts would be less than significant with mitigation.
Coast Range Newt and Lesser Slender Salamander
The Project site contains slow-moving water within San Luis Obispo Creek that provides suitable breeding habitat and terrestrial habitat for the coast range newt. There are four occurrences of the species documented in the CNDDB within five miles of the Project Site (Attachment A). As such, the coast range newt has a high potential to occur within the Project Site (Attachment A). The lesser slender salamander has a low potential to be present at the Project Site. However, if present, construction activities such as excavation and vegetation removal could result in direct and indirect impacts to these species from potential injury, mortality, construction-related noise, and general disturbance. Therefore, Project impacts to these species would be potentially significant.
Mitigation Measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-9, BIO-11, and BIO-12 require worker environmental awareness training, Project Site delineation to protect sensitive resources, implementation of BMPs to protect water quality, procedures for invasive species management, avoidance and minimization measures for special-status amphibians and reptiles, on-site biological monitoring during Project activities, and implementation of a HMMP. Based on implementation of these measures, potential impacts would be less than significant with mitigation.
Southwestern Pond Turtle
The Project Site includes suitable southwestern pond turtle habitat along the banks of the creek, limited to open basking sites. The species was not observed during reconnaissance surveys (Attachment A). There are three documented occurrences of the species within a five-mile radius noted in the CNDBB. However, these occurrences were documented approximately 30 years ago within the same area northwest of the Project Site. In addition, multiple occurrences of the species have been documented within a five-mile radius in iNaturalist, a web-based application that allows people to photograph and identify plant and wildlife species, in the past decade. Therefore, moderate potential exists for the southwestern pond turtle to be present within the Project Site (Attachment A). Direct impacts to this species could occur if they are present in the construction area during activities such as excavation and vegetation removal. Project Site disturbance could also result in the disruption of foraging, basking, migration, or breeding habitat. Therefore, impacts to the southwestern pond turtle are potentially significant.
Mitigation Measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-9, BIO-11, and BIO-12 require worker environmental awareness training, Project Site delineation to protect sensitive resources, implementation of BMPs to protect water quality, procedures for invasive species management, avoidance and minimization measures for special-status amphibians and reptiles, on-site biological monitoring during Project activities, and implementation of a HMMP. Based on implementation of these measures, potential impacts would be less than significant with mitigation.
Cooper’s Hawk, Yellow Warbler, White-Tailed Kite, and Merlin Suitable foraging habitat and nesting habitat for Cooper’s hawk exists at the Project Site. Multiple occurrences of Cooper’s hawk have been documented in and near the Project Site (Attachment A). Suitable nesting habitat for yellow warbler exists
CITY OF SAN LUIS OBISPO 28 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 at the Project Site, and there have been multiple occurrences documented of yellow warbler within one mile of the Project Site (Attachment A). White-tailed kite has been documented within one mile of the Project Site, and three occurrences of white-tailed kit have been documented in the CNDDB within five miles of the Project Site. However, suitable foraging habitat for white-tailed kite is not present at the Project Site, but the species has a moderate potential to fly over or roost in trees at the Project Site. There is a low potential for merlin to be present at the Project Site (Attachment A). If any of these species are present at the Project Site, construction activities could result in altered nesting behavior or nest abandonment.
The loss of a nest due to construction activities would be in violation of the Migratory Bird Treaty Act and California Fish and Game Code Section 3503, resulting in a potentially significant impact.
Mitigation Measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-10, BIO-11, and BIO-12 require worker environmental awareness training, Project Site delineation to protect sensitive resources, implementation of BMPs to protect water quality, procedures for invasive species management, preconstruction surveys for special-status and other nesting birds, on-site biological monitoring during Project activities, and implementation of a HMMP. Based on implementation of these measures, potential impacts would be less than significant with mitigation.
Other Migratory and Nesting Birds
Migratory birds protected under the Migratory Bird Treaty Act and nesting birds and raptors protected under California Fish and Game Code Section 3503 have the potential to breed and forage throughout the Project Site. Nesting habitat for a variety of bird species exists, including trees (sycamore, alder, coast live oak), willows, other vegetation, human-made structures (i.e., bridges), and the ground surface. As previously stated, if any of these species are present at the Project Site during construction activities could result in altered nesting behavior or nest abandonment. The loss of a nest due to construction activities would be in violation of the Migratory Bird Treaty Act and California Fish and Game Code Section 3503, resulting in a potentially significant impact.
Mitigation Measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-10, BIO-11, and BIO-12 require worker environmental awareness training, Project Site delineation to protect sensitive resources, implementation of BMPs to protect water quality, standard procedures for invasive species management, preconstruction surveys for special-status and other nesting birds, on-site biological monitoring during Project activities, and implementation of a HMMP. Based on implementation of these measures, potential impacts would be less than significant with mitigation.
With implementation of Mitigation Measures BIO-1 through BIO-12, impacts to candidate, sensitive, and special status species would be reduced to a less-than-significant level, through adequate survey procedures to determine presence for these species, workers environmental awareness trainings, and proper procedures for work activities in the Project Site related to buffering and established work limits. With mitigation incorporated, the Project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS.
Long term effects of the Project would be positive for many of the species included in this analysis. Stabilized banks and stream channel would result in improved migratory conditions for steelhead and Pacific lamprey as well as potential higher quality spawning habitat. Dispersal habitat would be of higher quality for California red-legged frog and other species that utilize riparian corridors. Additionally, stabilized banks would promote a healthy riparian corridor that would provide shade and cover for aquatic species and high quality nesting habitat for nesting birds. Overall, impacts to candidate, sensitive, and special status species would be less than significant with mitigation incorporated. b) The Mixed Riparian Hardwood Community that occurs within the Project Site is a sensitive natural community (Attachment A). The Project would impact this sensitive natural community through activities including trimming understory vegetation with limbs and/or trunks that are less than four inches in diameter at breast height, cutting one sycamore tree and four willow trees located within the creek channel to one foot above the existing grade, trimming the branches of six coast live oak, and possibly trimming the lower limbs of one alder tree located within the creek channel. In addition, five oak trees that were present when the baseline for the environmental process was established have been removed from the Project area during winter 2022 under an emergency permit. This analysis anticipates the tree removal will require 1:1 replacement for the removed trees pursuant to the requirements of the emergency permit. Any trimming or cutting of riparian vegetation would be regulated by the CDFW Streambed Alteration Agreement obtained for the Project.
CITY OF SAN LUIS OBISPO 29 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 As discussed in criterion (a), San Luis Obispo Creek includes critical habitat for steelhead within the Project Site up to the Ordinary High Water Mark (OHWM) (Attachment A). The OHWM is the line on the shore established by the normal fluctuations of water which shows where the presence and action of waters are so common, usual, and ongoing. Temporary impacts to steelhead migration, spawning, rearing, and/or foraging habitat could occur due to Project activities. Critical habitat for the California red-legged frog also occurs within the Project Site. Temporary to California red-legged frog migration, breeding, and foraging habitat could occur due to Project activities. Therefore, the project would result in a potentially significant impact on riparian habitats, including sensitive natural communities regulated by CDFW and USFWS.
Implementation of Mitigation Measures BIO-1, BIO-2, BIO-3, and BIO 4, BIO-7, and BIO-8 require worker environmental awareness training, Project Site delineation to protect sensitive resources, implementation of BMPs to protect water quality, and procedures for invasive species management. These mitigation measures would reduce potential impacts on riparian communities. Implementation of an HMMP, as outlined in Mitigation Measure BIO-12, would require compensatory mitigation for temporary or permanent impacts to this sensitive natural community, as well as temporary or permanent impacts to Steelhead and California red-legged frog critical habitat. The Project would repair drainage control infrastructure along the banks of an approximately 180-linear foot stretch of San Luis Obispo Creek. As a result, the Project would result in long-term beneficial impacts to steelhead habitat within the Project Site, as bank stabilization would reduce the risk of future erosion and sedimentation. Adherence to resource agency permit conditions would also ensure that no permanent negative impacts to critical habitat occur.
As a result of regulatory compliance and implementation of required mitigation measures the Project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFW or USFWS. These impacts would be less than significant with mitigation incorporated. c) The Project Site is within and adjacent to San Luis Obispo Creek and is subject to the jurisdictions of the USACE, RWQCB, and CDFW. As previously stated, regulatory compliance for work within the San Luis Obispo Creek would require permits and authorizations including a USACE Section 404 permit for fill in waters of the United States, a RWQCB Section 401 Water Quality Certification for fill in waters of the U.S. and diversion of the San Luis Obispo Creek, and a CDFW Streambed Alteration Agreement for excavation activities. Consequently, Project activities, such as excavation and dewatering, would be regulated by the USACE, RWQCB, and CDFW such that substantial hydrological interruption would not occur. A jurisdictional delineation report prepared by Rincon in July 2022 for the Project Site determined that no federal or State wetland waters are present within the Project Site; only non-wetland waters or riverine/streambed habitat occur onsite (Attachment B). Therefore, the Project would have a less than significant impact to State or federally protected wetlands. In addition, implementation of Mitigation Measure BIO-12 would further reduce impacts. d) There are no large, natural habitat blocks that support native biodiversity (Natural Landscape Blocks) or areas essential for ecological connectivity between them (Essential Connectivity Areas) mapped within the Project Site (Attachment A). The riparian corridor within the Project Site could serve as a local wildlife movement corridor, particularly for disturbancetolerant species, such as racoons, skunks, and coyotes. The Project Site is small relative to the amount of riparian habitat and open space in the region and Project activities are not expected to substantially interfere with existing terrestrial wildlife movement or with established terrestrial resident or migratory wildlife corridors (Attachment A). Additionally, long term effects will be positive for many of the species included in this analysis. Stabilized banks will result in better migratory and dispersal conditions for species utilizing the healthy and stable riparian corridor.
San Luis Obispo Creek serves as a migration corridor for Pacific lamprey, steelhead, and other fish species. Fish migration may be temporarily disrupted during installation and removal of the creek diversion. Once the diversion is in place, it would allow for the downstream migration of steelhead, lamprey, and other fishes to continue during Project construction.
However, upstream migration may be disrupted for the duration of the creek diversion, which would be a potentially significant impact. Long term effects would be positive for the aquatic species included in this analysis. Stabilized banks would result in better migratory conditions for steelhead and Pacific lamprey as well as potential higher quality spawning habitat. Additionally, stabilized banks would promote a healthy riparian corridor which provides shade and cover for aquatic species.
Mitigation Measures BIO-6 and BIO-7 prohibit Project activities from occurring in flowing or standing water (with the exception of creek diversion activities), require biological monitoring, and implement procedures for capture and relocation, among other requirements. Therefore, implementation of Mitigation Measures BIO-6 and BIO-7 would ensure that the
CITY OF SAN LUIS OBISPO 30 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Project would not interfere substantially with the movement of any resident or migratory fish species. This impact would be less than significant with mitigation incorporated.
e) Disturbed portions of the San Luis Obispo Creek would be restored after construction activities cease. The Project would not interfere with the long-term natural function of the Project Site habitat. Rather, the Project would carry out a necessary repair of damaged infrastructure which, if compromised further, could result in failure and subsequent destruction of trees and other biological habitat. The Project would, therefore, be consistent with the City’s policies to protect natural communities and avoid habitat disturbance pursuant to the Conservation and Open Space Element of the General Plan (City of San Luis Obispo 2014b; Attachment A). As such, the Project would not conflict with any local polices or ordinances protecting biological resources. This impact would be less than significant. f) The Project Site is not located in any applicable adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan (Attachment A). Therefore, no impact would occur.
Mitigation Measures
BIO-1 Worker Environmental Awareness Program. Prior to initiation of construction activities (including staging and mobilization), all personnel associated with Project construction shall attend Worker Environmental Awareness Program (WEAP) training, conducted by a qualified biologist, to aid workers in recognizing special-status species (e.g., California red-legged frog and steelhead), nesting birds, and other biological resources that have the potential to occur in the Project Site. The specifics of this program shall include identification of special-status species with potential to occur, a description of their regulatory status and habitat requirements, general ecological characteristics of any other sensitive resources, and a review of the limits of construction and mitigation measures required to reduce impacts to biological resources within the Project Site. A fact sheet conveying this information shall also be prepared for distribution to all contractors, their employers, and other personnel involved with construction. All employees shall sign a form provided by the trainer indicating they have attended the WEAP and understand the information presented to them. A WEAP training recorded by a qualified biologist specifically for the Project may be utilized if in-person trainings are restricted due to COVID-19 or if the construction schedule makes it infeasible for a biologist to train each new crew member in person. The crew foreman shall be responsible to ensure crew members are aware of project boundaries and adhere to the guidelines and restrictions designed to avoid or minimize effects to California red-legged frog, Steelhead, nesting birds, and other sensitive species and biological resources.
BIO-2 Project Delineation, Staging Areas, Materials Storage, and Waste Management. Prior to the start of any Project activities (including any vegetation clearing), sturdy, high-visibility fencing shall be installed to protect jurisdictional areas and sensitive resource areas adjacent to the Project Site. This fencing shall be placed so that unnecessary impacts to adjacent habitat are avoided. No Project activities (including storage of materials) shall occur outside of the “Project Limits”. The required fencing shall remain in place during the entire construction period and be maintained as needed by the construction contractor.
Areas of temporary disturbance shall be minimized to the extent practicable. Staging and laydown areas shall be limited to sites that are unvegetated and previously disturbed (e.g., existing paved roads). Materials shall be stored on impervious surfaces or plastic ground covers to prevent any spills or leakage. Material storage shall be as far from San Luis Obispo Creek as is feasible. Construction materials and spoils shall be protected from stormwater runoff using temporary perimeter sediment barriers such as fiber rolls, sand/gravel bags, and straw bale barriers, as appropriate.
All trash shall be properly contained and regularly disposed of such that it does not leave the Project Site, enter the San Luis Obispo Creek channel, or attract wildlife. Following Project completion, all trash and construction debris shall be removed from the work and laydown areas.
BIO-3 Best Management Practices to Protect Water Quality. All vehicles and equipment shall be in good working condition and checked daily for leaks. The construction contractor shall prevent petroleum products, or any other pollutant, from contaminating the soil or entering the San Luis Obispo Creek channel (dry or otherwise). When vehicles or equipment are not in use, mats or drip pans shall be placed below vehicles to contain fluid leaks.
CITY OF SAN LUIS OBISPO 31 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 Project activities shall occur between June 1 and October 15, to the maximum extent possible, to avoid working in the creek channel during the rainy season. Work during times of precipitation shall be avoided to the maximum extent possible. The City or their contractor(s) or representative(s) shall utilize Best Management Practices (BMPs), including (but not limited to): berms, burlap-wrapped fiber rolls, jute netting, sand/gravel bags, and straw bale barriers to stabilize work areas and prevent any sediment or pollutants from entering the creek.
To further protect water quality and sensitive habitat areas, no refueling, cleaning, or maintenance of equipment or vehicles shall occur within the creek channel. Spill kits shall be kept on the Project Site and readily available at all times. Should a spill occur in the work area, clean-up shall be conducted immediately, the contaminant(s) removed to the greatest extent feasible, and any contaminated materials disposed of properly. The Project foreman or other designated liaison shall immediately notify the biological monitor and the City following any project spills.
Additionally, the off‐site tracking of loose construction and landscape materials shall be prevented and/or cleaned up daily, with street sweeping, vacuuming, and/or rumble plates, as appropriate.
BIO-4 Invasive Species Management. Prior to construction, Project plans and specifications shall clearly identify methodology for removal and disposal of invasive exotic species found within the Project Site. Invasive vegetation removed within the Project Site shall be properly disposed of at an off-site location. All construction materials (including jute netting, fiber rolls, and straw bales) brought into the Project Site shall be free from invasive plant material. All revegetation efforts (e.g., hydroseeding, planting container stock or cuttings) within the Project Site shall include only native, riparian plant species appropriate for the Project Site. Invasive wildlife species, including bullfrog (Rana catesbeiana), and signal and red swamp crayfish (Pacifasticus leniusculus; Procambarus clarkii), shall be removed from the Project Site by a qualified biologist using methodologies approved by the USFWS, NMFS, and/or CDFW.
BIO-5 Preconstruction Survey for Special-Status Plant Species. A preconstruction survey for special-status plant species shall be conducted by a qualified botanist within the Project Site prior to any site disturbance and during the bloom period of marsh sandwort and adobe sanicle. If these, or any other special-status plant species, are observed within the Project Site, the location(s) of individual plants or group(s) of plants shall be clearly flagged by the qualified botanist and avoided during Project construction. If impacts to special-status plant species cannot be avoided, then compensatory mitigation would be required by the regulatory agencies and/or lead CEQA agency (i.e., the City) through the required Habitat Mitigation and Monitoring Plan (Mitigation Measure BIO-12).
BIO-6 Avoidance and Minimization Measures for Pacific Lamprey. No project activities shall occur in flowing or standing water within San Luis Obispo Creek, with the exception of the installation and removal of the temporary creek diversion.
Capture and relocation surveys for Pacific lamprey shall be conducted by qualified and/or CDFW-approved biologists prior to the commencement of diversion construction, as well as during dewatering of the work areas. A second capture and relocation survey shall be conducted prior to the removal of the diversion. Pacific lamprey (adults, macropthalmia, or ammocoetes) found within the Project Site prior to or during dewatering shall be captured using seine nets or dip nets and relocated to a predetermined relocation site (with appropriate habitat features) within San Luis Obispo Creek.
Lamprey shall be placed in aerated 5-gallon buckets and held no more than 20 minutes before relocation. These capture and relocation efforts can be conducted concurrently with the Steelhead capture and relocation efforts described in BIO7, though lamprey shall be held in separate buckets to avoid predation.
BIO-7 Steelhead Capture and Relocation: No Project activities shall occur in flowing or standing water in San Luis Obispo Creek, with the exception of the installation and removal of the temporary creek diversion. Project activities within the San Luis Obispo Creek channel are proposed to occur between June 1 and October 15, outside of the steelhead migration season. If work extends into the migration season, approval must be obtained from the appropriate resource agencies.
If approved, at a minimum, additional requirements typically include fish passage around the work area and additional winter water quality and bank stabilization measures. Flow conditions during this time are variable and can range from a summer low flow condition to a dry condition. Project components that require surface water diversion (detailed below) shall also require the capture and relocation of aquatic species, including steelhead, in the reach that will become dewatered. A qualified biologist approved by NMFS to handle steelhead shall be present during all dewatering, as well as all stages of the installation and removal of surface water diversions. To minimize effects to steelhead, the qualified biologist with qualified biological assistants shall conduct steelhead capture and relocation surveys prior to the commencement of diversion construction, as well as during dewatering of the diverted areas and removal of the diversion. Block nets shall be erected upstream and downstream of the Project Site and steelhead shall be removed from
CITY OF SAN LUIS OBISPO 32 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 the block-netted area by seine, dipnets, or electrofishing due to substantial obstacles in the creek potentially making netting ineffective and relocated to an approved relocation site within San Luis Obispo Creek that contains suitable habitat that would not be affected by Project activities. Block nets shall remain in place until the diversion is functional, at which time the downstream and upstream block nets shall be removed. Fish shall be placed in aerated 5-gallon buckets and held no more than 20 minutes before relocation. Smaller fish, including steelhead young of the year, shall be placed in separate aerated buckets to avoid predation. Non-native fishes and invertebrates shall be removed from the creek by qualified biologists.
If it is anticipated that surface flow may soon become discontinuous at the diversion site, a block net shall be deployed just upstream of the diversion to block fish from entering the diversion from upstream. No block net shall be deployed downstream to allow fish located within the diversion area to exit downstream. Once surface flows become discontinuous, the qualified biologist with qualified biological assistants shall conduct steelhead capture and relocation surveys within any isolated pools/habitats. Stranded fish shall be relocated to the original approved relocation site.
A surface water diversion plan shall be prepared by the construction contractor and shall include the various structures and measures that would divert creek flow upstream of the Project Site, divert flow around or through the work area, and discharge downstream, while avoiding water quality and special-status species impacts. This plan shall be prepared by a licensed and qualified engineer in consultation with a licensed and qualified biologist. The plan shall include such components as predicted diversion flow rates, pump capacities, pump screen mesh size, material to be used, contingency plans, a removal and restoration plan, as well as design accommodations for special-status species including fish passage requirements. A qualified biologist shall be present during dewatering and during the installation and removal of surface water diversions. A detailed diversion plan shall be submitted to the NMFS, RWQCB, USACE, and CDFW for approval at least 15 days prior to the construction of the diversion.
A relocation site shall be identified by a qualified biologist and a relocation site memo shall first be submitted to the City biologist for review and then be submitted to NMFS for approval at least 15 days prior to the construction of the first diversion. The relocation site shall be in a known perennial location in San Luis Obispo Creek, preferably upstream of the Project Site. The relocation site shall provide adequate depth in the form of scour (>1 foot) with instream cover.
Overhead canopy cover shall also be present, if possible. Water temperature within the relocation site shall be well within published steelhead tolerances. Other water quality parameters, including (but not limited to) dissolved oxygen, pH, and turbidity shall also be within steelhead tolerances.
A qualified biological monitor shall be on site full-time during all Project activities that involve creek dewatering and/or the installation or removal of surface water diversions. Once the work area is completely blocked from the creek and dewatered, and if work conditions and/or prolonged Project activities are conducted outside of the active San Luis Obispo Creek channel, the monitor shall be on site for no less than one day per week.
Any worker(s) who inadvertently injure(s) or kill(s) a steelhead (or any other special-status species) or find(s) one dead or injured, shall immediately report the incident to the biological monitor. The monitor or environmental Project manager shall then immediately notify the City. The City will then provide verbal notification, as appropriate, to the USFWS Endangered Species Office in Ventura, California; NMFS in Long Beach, California; and the local CDFW contact, within three working days. The Project proponents shall provide written notification of the incident to the USFWS, NMFS, and CDFW within five working days.
Although this measure was developed based on years of experience capturing and relocation fish including steelhead, this measure may be adjusted to include any additional mitigation elements or modifications to existing mitigation elements included in project permits.
BIO-8 Avoidance and Minimization Measures for California Red-legged Frog. A USFWS-approved biologist shall survey the Project Site no more than 48 hours before the onset of work activities. If the biologist finds any life stage of the California red-legged frog and these individuals are likely to be killed or injured by work activities, the biologist shall be allowed sufficient time to relocate them from the Project Site before work begins. The biologist shall relocate the California red-legged frog the shortest distance possible to a predetermined location within San Luis Obispo Creek that contains suitable habitat and that would not be affected by Project activities.
CITY OF SAN LUIS OBISPO 33 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 A USFWS-approved biologist shall be present during installation and removal of the creek diversion, and during all vegetation removal and initial ground disturbance. After this time, the USFWS-approved biologist can designate another qualified biologist to monitor on-site compliance with all mitigation measures. Diversion intakes shall be screened with wire mesh not larger than 0.2 inch to prevent any California red-legged frogs not initially detected, and juvenile steelhead from entering the pump system.
To ensure that diseases are not conveyed between sites, the USFWS-approved biologist, shall follow the fieldwork code of practice developed by the Declining Amphibian Populations Task Force at all times.
Project activities shall occur between June 1 and October 15, to the maximum extent feasible, in order to avoid the California red-legged frog breeding season.
BIO-9 Avoidance and Minimization Measures for Other Special-Status Amphibians and Reptiles. A preconstruction survey for special-status amphibians and reptiles (e.g., lesser slender salamander, southwestern pond turtle, and coast range newt) shall be conducted within the Project Site by a qualified biologist no more than 48 hours before the onset of work activities. This survey can be conducted concurrently with the preconstruction survey for the California red-legged frog.
If any special-status amphibian or reptile species are found in areas where they are likely to be killed or injured by work activities, then a qualified biologist shall be allowed sufficient time to relocate them from the Project Site before work begins. A qualified biologist shall also be on site during any vegetation removal or initial ground disturbing activities.
If any special-status species be encountered within the Project Site prior to or during these activities, work shall be halted until the biologist has sufficient time to move any individuals from the site.
BIO-10 Preconstruction Survey for Special-Status Birds and Other Nesting Birds. A preconstruction nesting bird survey shall be conducted by a qualified biologist no more than 14 days prior to initiation of Project activities. The survey shall be conducted within the Project Site and include a 50-foot buffer for passerines and a 500-foot buffer for raptors. Portions of the buffer areas that may be inaccessible due to private property constraints shall be surveyed from the Project Site and/or public roads using binoculars. The survey shall be conducted by a biologist familiar with the identification of avian species known to occur in the region and shall focus on trees, vegetated areas, and other potential nesting within the vicinity of the Project Site. If nests are found, an appropriate avoidance buffer (typically 50 feet for passerine species and 500 feet for raptors) shall be determined and demarcated by the biologist with high visibility material located within or adjacent to the Project Site.
All Project personnel shall be notified as to the existence of the buffer zones and to avoid entering buffer zones during the nesting season. No Project activities shall occur within the buffer until the avian biologist has confirmed that breeding/nesting is complete, and the young have fledged the nest. Encroachment into the buffer shall occur only at the discretion of the qualified biologist.
BIO-11 Onsite Biological Monitoring. A qualified biologist shall be onsite during all vegetation removal, initial ground disturbing activities, and/or during any construction activities that may impact sensitive biological resources, such as dewatering and diversion installation or removal. The biologist shall have the authority to temporarily halt or redirect work to avoid impacts to special-status species or other protected biological resources. Once the diversion has been installed and vegetation removal and initial ground-disturbing activities have been completed, the biological monitor shall be onsite for no less than two days per week, for a minimum two-hour period per day. A Biological Monitoring Plan shall be created for the project, which shall include species-specific details regarding preconstruction surveys and on-site monitoring. The Monitoring Plan shall be approved by the City Biologist prior to the initiation of construction activities.
BIO-12 Habitat Mitigation and Monitoring Plan. Project impacts to habitat within the San Luis Obispo Creek corridor shall be mitigated through implementation of a Habitat Mitigation and Monitoring Plan (HMMP). The HMMP shall be prepared by a qualified biologist/restoration ecologist and approved by each of the regulatory agencies (i.e., the NMFS, USACE, RWQCB, and CDFW) prior to the initiation of construction activities. The HMMP shall include details on the restoration of portions of San Luis Obispo Creek that will be disturbed by the Project, including jurisdictional features, sensitive natural communities (i.e., Mixed Riparian Hardwood), and associated riparian and stream habitats. If any Project impacts to listed plant species be unavoidable, then the HMMP shall also include details on the compensatory
CITY OF SAN LUIS OBISPO 34 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 mitigation required for impacts to these species. For impacts to jurisdictional waters and riparian habitat, the HMMP would be required to include the following minimum compensatory mitigation ratios:
On-site mitigation for permanent impacts to jurisdictional/sensitive areas implemented at a minimum ratio of 2:1; and
On-site mitigation for temporary impacts to jurisdictional/sensitive areas implemented at a minimum ratio of 1:1.
Final mitigation ratios required by the regulatory agencies during the permitting process may differ but shall be confirmed prior to the initiation of applicable construction activities.
At a minimum, the HMMP shall include the following:
A description of the jurisdictional waters, sensitive plant communities, riparian and stream habitat, and/or sensitive plant species disturbed by the project, and how the mitigation method (e.g., restoration, invasive species removal, enhancement) will achieve the necessary mitigation goal/s; a plant palette and methods of salvaging, propagating, seeding, and/or planting the site to be restored; methods of soil preparation;
type(s) and method(s) of instream habitat enhancement (e.g., installation of downed woody debris); a schedule for restoration activities including weed abatement, propagating and planting, soil preparation, erosion control, qualitative and quantitative monitoring, and reporting; identification measurable performance standards for each objective to evaluate the success of the compensatory mitigation (at a minimum, 80% absolute cover of vegetation by end of year 3 with less than 10% comprised of nonnative vegetation); maintenance and monitoring necessary to confirm the mitigation area meets the success criteria; and Identification of contingency and adaptive management measures to address unforeseen changes in site conditions or other components of the mitigation project.
Where feasible, mitigation would be required occur on-site and may include hydroseeding with a native riparian seed mix, installing native riparian container stock, and/or removal of invasive plant species (e.g., tree of heaven, elmleaf blackberry). If on-site mitigation is found to be infeasible by the qualified biologist/restoration ecologist, off-site mitigation shall occur within the San Luis Obispo Creek corridor as close to the site as is feasible, based on the professional judgment of the qualified biologist/restoration ecologist.
Conclusion
With implementation of Mitigation Measures BIO-1 through BIO-12, Project impacts to biological resources would be reduced to a less-than-significant level.
CITY OF SAN LUIS OBISPO 35 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
5. CULTURAL RESOURCES
Would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the significance of a historic resource pursuant to §15064.5? 26 ☐ ☐ ☒ ☐
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? 26 ☐ ☒ ☐ ☐ c) Disturb any human remains, including those interred outside of formal cemeteries? 26 ☐ ☒ ☐ ☐
Evaluation
This section provides an analysis of the project’s impacts on cultural resources, including historical and archaeological resources as well as human remains. CEQA requires a lead agency determine whether a project may have a significant effect on historical resources (Public Resources Code [PRC] Section 21084.1). A historical resource is a resource listed in, or determined to be eligible for listing in, the California Register of Historical Resources (CRHR); a resource included in a local register of historical resources; or any object, building, structure, site, area, place, record, or manuscript a lead agency determines to be historically significant (CEQA Guidelines Section 15064.5[a][1-3]). A resource shall be considered historically significant if it:
1. Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage;
2. Is associated with the lives of persons important in our past;
3. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or
4. Has yielded, or may be likely to yield, information important in prehistory or history.
In addition, if it can be demonstrated that a project would cause damage to a unique archaeological resource, the lead agency may require reasonable efforts be made to permit any or all of these resources to be preserved in place or left in an undisturbed state. To the extent that resources cannot be left undisturbed, mitigation measures are required (PRC Section 21083.2[a-b]). PRC Section 21083.2(g) defines a unique archaeological resource as an archaeological artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it:
1. Contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information;
2. Has a special and particular quality such as being the oldest of its type or the best available example of its type; or
3. Is directly associated with a scientifically recognized important prehistoric or historic event or person.
Rincon prepared a Cultural Resources Assessment Report for the Project Site and staging area in June 2022. Rincon completed background and archival research from sources including, but not limited to, historical maps, aerial photographs, and written histories of the area. On January 12, 2022, Rincon received records search results (Records Search Number: 21-313) from the California Historical Resources Information System (CHRIS) located at the Central Coast Information Center (CCIC) (Attachment C). Rincon also reviewed the National Register of Historic Places (NRHR), CRHR, California Historical Landmarks list, and Built Environment Resources Directory, as well as its predecessor the California State Historic Property Data File.
Additionally, Rincon reviewed the Archaeological Determination of Eligibility list. The results of the searches documented no historic resources were previously identified. The bridge at Johnson Avenue over San Luis Obispo Creek is included in the Caltrans historic bridge inventory list. Caltrans designated this bridge as a Category Five bridge, a status which means it is ineligible for listing in the NRHP (Attachment C).
CITY OF SAN LUIS OBISPO 36 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 A pedestrian survey of the Project Site and staging area was conducted on January 27, 2022. Exposed ground surfaces were examined for artifacts (e.g., flaked stone tools, tool-making debris, stone milling tools), ecofacts (marine shell and bone), soil discoloration that might indicate the presence of a cultural midden, historic debris (e.g., metal, glass, ceramics), and features indicative of the former presence of structures or buildings (e.g., standing exterior walls, postholes, foundations). Burrows and drainages allowed the visual inspection of subsurface soils. No archaeological resources were observed during the survey (Attachment C).
Rincon contacted the Native American Heritage Commission (NAHC) on December 17, 2021, to request a Sacred Lands File (SLF) search for tribal heritage resources and a contact list of Native Americans culturally affiliated with the project vicinity.
SLF searches are conducted by using USGS quadrangle maps, each of which covers an approximately 50- to 70-square-mile area, and the NAHC does not provide the specific location of tribal heritage resources. On March 11, 2022, the NAHC responded to Rincon’s request, stating that the results of the SLF search were positive (Attachment C). a) The Project Site encompasses the Johnson Avenue Bridge. Caltrans has designated this bridge as a Category Five bridge, which making it ineligible for NRHP listing (Attachment C). The Project would not modify the bridge, and Project activities in the immediate vicinity of the bridge would be reconstructed in a manner that is consistent with existing conditions as it is repairing existing, damaged infrastructure. Therefore, the Project would not cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5. This impact would be less than significant. b) No archaeological resources were identified within the Project Site (Attachment C). However, ten recorded archaeological sites are within a 0.5-mile radius of the Project Site. These archaeological sites include one prehistoric site, one historicperiod site, and six historic-aged archaeological resources. Due to the presence of prehistoric and historic archaeological resources within the vicinity, the Project Site and staging area are considered sensitive for the presence of archaeological resources. The potential exists for Project construction activities that would disturb native soils to impact previously unidentified archaeological resources, which would be a potentially significant impact. Mitigation Measures CR-1 and CR2 would implement a worker environmental awareness program and standard procedures for the unanticipated discovery of cultural resources. Implementation of Mitigation Measures CR-1 and CR-2 would minimize potential impacts to previously unidentified archaeological resources, and ensure the Project would not cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5. Therefore, potential impacts would be less than significant with incorporation of identified mitigation.
c) No human remains are known to be present within the Project Site (Attachment C). However, the Project Site is partially located within a Burial Sensitivity Area as identified by the City (City of San Luis Obispo 2014b). The unanticipated discovery of unknown human remains a possibility during ground-disturbing activities. Pursuant to California Health and Safety Code Section 7050.5, if human remains are found, the County Coroner must be notified immediately, and no further disturbance would occur until the County Coroner has made a determination of origin and disposition pursuant to California Public Resources Code Section 5097.98. If the human remains are determined to be of Native American origin, the County Coroner will notify the NAHC, which will determine and notify a Most Likely Descendant (MLD). The MLD has 48 hours from being granted site access to make recommendations for the disposition of the remains. If the MLD does not make recommendations within 48 hours, the landowner shall reinter the remains in a location that would not be affected by future ground-disturbing activities. The Project would be required comply with the provisions set forth pursuant to California Health and Safety Code Section 7050.5. Therefore, the potential exists for ground-disturbing activities related to project construction to disturb human remains. California Health and Safety Code Section 7050.5 sets forth adequate procedures related to the potential discovery of human remains. To enforce the procedural requirements of California Health and Safety Code Section 7050.5, Mitigation Measure CR-3 is required. Thus, this impact would be less than significant with incorporation of mitigation.
Mitigation Measures
CR-1 Worker Environmental Awareness Program. A qualified archaeologist shall conduct a Worker Environmental Awareness Program training on archaeological sensitivity for all construction personnel prior to the commencement of any ground-disturbing activities within the Project Site. The training shall be developed by an archaeologist who meets or exceeds the Secretary of Interior’s Professional Qualification Standards for archaeology (National Park Service [NPS] 1983). Archaeological sensitivity training shall include a description of the types of cultural materials that may
CITY OF SAN LUIS OBISPO 37 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 be encountered, cultural sensitivity issues, regulatory issues, and the proper protocol for treatment of the materials in the event of a find.
CR-2 Unanticipated Discovery of Cultural Resources. In the event cultural resources are encountered during grounddisturbing activities, work within 50 feet of the find shall halt and a City-qualified archaeologist shall be contacted immediately to evaluate the find, pursuant to CEQA Guidelines Section 15064.5(f). If the archaeologist determines further information is needed to evaluate significance, a testing plan shall be prepared and implemented prior to resuming project activities. If the find is determined to be significant by the qualified archaeologist, the qualified archaeologist shall implement a data recovery plan designed to obtain information about the discovery. Recovery of significant cultural resources described in the data recovery plan, if necessary, shall include but not be limited to, manual or mechanical excavations, monitoring, soils testing, photography, mapping, or drawing to adequately recover the scientifically consequential information from and about the archaeological resource. Further treatment may be required, including site recordation, excavation, site evaluation, and data recovery. Any artifacts uncovered shall be recorded and removed for storage at a location to be determined by the archaeologist. The data recovery plan shall be approved by the City prior to the implementation of data recovery activities. Once approved, the qualified archaeologist shall carry out data recovery in conformance with the data recovery plan. All cultural resource work shall follow accepted professional standards in recording any find including submittal of standard Department of Parks and Recreation Primary Record forms (DPR Form 523) and location information to the appropriate California Historical Resources Information System office for the Project Site. If the find is prehistoric, then a native American representative shall also be contacted to participate in the evaluation of the find.
CR-3 Discovery of Human Remains. If human remains are discovered during construction activities, work shall immediately stop within the immediate vicinity of the area where the remains were discovered. The County coroner shall immediately be notified of the find, and a date and time for the County coroner to evaluate the find shall be determined by the applicant, City, and County coroner. The County coroner shall make a determination of the origin and disposition of the remains. If the County coroner determines the remains are prehistoric, the County coroner shall notify the NAHC which will determine a Most Likely Descendant (MLD). The MLD shall perform site inspection of the site within 48 hours of being granted site access and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. The applicant, City, County coroner, and MLD, if applicable, shall jointly decide on a date, time, and method of removal of remains. Removal shall be carried out prior construction resuming within the vicinity.
Conclusion
With implementation of Mitigation Measures CR-1, CR-2, and CR-3. Project impacts associated with cultural resources would be reduced to a less-than-significant level.
CITY OF SAN LUIS OBISPO 38 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
6. ENERGY
Would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
21, 26 ☐ ☐ ☒ ☐
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? 21, 26 ☐ ☐ ☒ ☐
Evaluation
Energy consumption is directly related to environmental quality in that the consumption of nonrenewable energy resources releases criteria air pollutant and greenhouse gas (GHG) emissions into the atmosphere. Energy use during construction work would be in the form of fuel consumption (e.g., gasoline and diesel fuel) to operate construction equipment. The City’s Conservation and Open Space Element and Climate Action Plan contain goals and policies primarily related to reducing operational energy, including introduction of solar power, implementation of energy conservation features in buildings, and implementation of carbon-sequestration measures (City of San Luis Obispo 2014b; City of San Luis Obispo 2020a).
The environmental impacts of air pollutant and GHG emissions associated with the project’s energy consumption are discussed in detail in Section 3, Air Quality, and Section 8, Greenhouse Gas Emissions, respectively. a;b) The Project would not include new structures that would require long-term energy use beyond the completion of the proposed construction phase. Energy use during construction would last approximately five months, and equipment used would be typical of construction projects within and surrounding the Project Site. In addition, contractors would be required to comply with the provisions of Title 13 California Code of Regulations Sections 2449 and 2485, which prohibit dieselfueled commercial motor vehicles and off-road diesel vehicles from idling for more than five minutes. Heavy equipment would be subject to the U.S. EPA Construction Equipment Fuel Efficiency Standard, which would also minimize inefficient, wasteful, or unnecessary fuel consumption. The City’s energy-related goals and policies within the Conservation and Open Space Element and Climate Action Plan have limited applicability to the Project as they focus primarily on energy conservation in buildings, solar design, achieving carbon-free electricity, and carbon sequestration (City of San Luis Obispo 2014b; City of San Luis Obispo 2020a). However, Project construction activities would comply with federal and State requirements to reduce wasteful energy consumption. Furthermore, in the interest of cost efficiency, construction contractors would not reasonably be expected to utilize fuel in a manner that is wasteful or unnecessary. Therefore, the Project would not result in the wasteful, inefficient, or unnecessary consumption of energy resources, or conflict with or obstruct a state or local plan for renewable energy. This impact would be less than significant.
Mitigation Measures
No mitigation measures are required.
Conclusion
No significant impacts related to energy would occur. Therefore, no mitigation would be required.
CITY OF SAN LUIS OBISPO 39 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020
7. GEOLOGY AND SOILS
Would the project:
Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
12 ☐ ☐ ☒ ☐
ii. Strong seismic ground shaking? 12 ☐ ☐ ☒ ☐
iii. Seismic-related ground failure, including liquefaction? 26 ☐ ☐ ☒ ☐ iv. Landslides? 26 ☐ ☐ ☒ ☐
b) Result in substantial soil erosion or the loss of topsoil? 14 ☐ ☒ ☐ ☐ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
25 ☐ ☐ ☒ ☐
d) Be located on expansive soil, as defined in Table 1802.3.2 of the California Building Code (2013), creating substantial direct or indirect risks to life or property?
n/a ☐ ☒ ☐ ☐
e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
n/a ☐ ☐ ☐ ☒
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 47 ☐ ☐ ☒ ☐
Evaluation
The Project Site is located within the southern Coast Range geomorphic province. The Coast Range province is comprised of sub-parallel northwest-southeast trending faults, folds, and mountain ranges (City of San Luis Obispo 2014a). According to the California Geological Survey (CGS) the Project Site is not located within an Alquist-Priolo Fault Zone. There are no active earthquake faults present on the Project Site, and the closest active fault to the Project Site is the Los Osos Fault Zone, located approximately 2.97 miles southwest (CGS 2021). The Safety Element of the City’s General Plan recognizes the Project Site as an area having high liquefaction potential (City of San Luis Obispo 2014b). The Project Site is not within a landslide hazard zone (City of San Luis Obispo 2014a). The Project Site is underlain by Concepcion loam soil with two to five percent slopes (United States Department of Agriculture [USDA] 2022). A Geotechnical Engineering Report prepared by Earth Systems Pacific in December 2021 indicated the Project Site’s underlying geology is composed of Franciscan Mélange sandstone (Attachment D).
a.i; a.ii) The Project Site does not partially or fully intersect any Alquist-Priolo Fault Zone (CGS 2021). Project excavation activities would be limited to approximately 120 cubic yards of surface soil excavation, and thus would not create conditions that would exacerbate unstable seismic conditions or stresses in the Earth’s crust. Therefore, the Project would not directly or indirectly cause the risk of loss, injury, or death involving rupture of a known earthquake fault.
Although the Project Site is located near seismically active areas such as the Los Osos Fault Zone, it would conform with standards of the California Building Code (CBC), which provides earthquake design requirements, including earthquake loading specifications for design and construction to resist effects of earthquake motions in accordance
CITY OF SAN LUIS OBISPO 40 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 with the American Society of Engineers Standard 7-05. The Project would be required to comply with CBC standards regulating procedures for soil preparation, including, but not limited to: excavation, grading and earthwork, fills and embankments, expansive soils, foundation investigations, liquefaction potential, and soil strength loss. Through compliance with CBC regulations, the Project would not cause the risk of loss, injury, or death involving strong seismic ground shaking. This impact would be less than significant. a.iii; aiv) As identified by the City, the Project Site is in an area that exhibits high liquefaction potential, but is not within a landslide hazard zone (City of San Luis Obispo 2014b). The Project Site does not contain steep slope conditions necessary for a landslide to occur. Construction workers could be present at the Project Site during a seismic or liquefaction event. Although there is potential for seismic ground shaking at the Project Site during rupture of a nearby fault, Project construction would not increase the risk of an earthquake occurring and thus would not increase the risk of liquefaction or landslide. Therefore, impacts would be less than significant. b) The Geotechnical Engineering Report prepared for the Project Site indicates that on-site soils are considered erodible.
Construction activities would involve the excavation of approximate 120 cubic years of soil. Construction activities would take place during the dry season and the Project Site would be dewatered during construction activities to remove water from the active work area, which would reduce risk of erosion in the San Luis Obispo Creek. The Project would also be constructed in compliance with the requirements of the Clean Water Act Section 401 Water Quality Certification and Section 404 permit for fill activities associated with the Project. Furthermore, pursuant to Municipal Code Section 12.08.260, construction sites with inadequate erosion and sediment controls installed are subject to a notice of violation and restriction of site work until erosion controls are in place (City of San Luis Obispo 2022b). Additionally, implementation of the Project would minimize the potential for future scour of the southeasterly facing slope embankment. Thus, the Project would not result in substantial soil erosion and the loss of topsoil.
This impact would be less than significant.
c) The Project Site is not within a landslide hazard zone but does have high liquefaction potential (City of San Luis Obispo 2014a). The Project would repair drainage control infrastructure along the banks of an approximately 180- linear foot stretch of San Luis Obispo Creek. The replaced drainage control infrastructure would prevent future scour; improve slope protection; and protect the retaining wall. As a result, the Project would lessen the potential for the Project Site to result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse. This impact would be less than significant.
d) An expansion index test performed on soils from the Project Site produced an expansion index value of 39 (Attachment D). Pursuant to Section 1803.5.3 of the CBC, the Project Site soils are considered to be expansive with “low” expansion potentials. Expansive soils swell with increases in soils moisture and shrink as soil moisture decreases. As noted in the Geotechnical Engineering Report, the upper three to five feet of soils is the zone most affected by seasonal fluctuations in soil moisture (Attachment D). The volumetric changes that Project Site soils undergo could damage drainage infrastructure improvements, which would be a potentially significant impact.
Mitigation Measure GEO-1 would ensure recommendations made in the Geotechnical Engineering Report, which include, but are not limited to, moisture conditioning, placement of non-expansive fill, retaining wall parameters, and deepening foundations, are implemented in Project design. With implementation of Mitigation Measure GEO-1, the Project’s effects from expansive soils would be reduced to a less than significant level. e) The Project would not include or require the use of septic tanks or alternative wastewater disposal systems. On-site portable restroom facilities would be provided by the construction contractor for workers operating at the site. No impact would occur.
f) Paleontological resources, or fossils, are the evidence of once-living organisms preserved in the rock record. Such resources include both the fossilized remains of ancient plants and animals and the traces of such remains.
Paleontological resources are not found in “soil” but are rather found in the geologic deposits or bedrock that underlies the soil layer. Typically, fossils are greater than 5,000 years old (i.e., older than middle Holocene in age) and preserved in sedimentary rocks. Although rare, fossils can also be preserved in volcanic rocks or low-grade metamorphic rocks under certain conditions (Society of Vertebrate Paleontology [SVP] 2010). Fossils often occur in an unpredictable distribution within some sedimentary units.
CITY OF SAN LUIS OBISPO 41 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2020 According to the Geotechnical Engineering Report and mapping by Jennings (1958) the Project Site is underlain by Mesozoic-age Franciscan Mélange with low to moderate fossil-bearing potential (Attachment D; Jennings 1958).
Ground disturbance required for the Project would be limited to surficial vehicle travel by construction equipment over the ground surface, excavation of approximately 120 cubic yards of soil, and use of hand tools during construction activities. Ground disturbing activities are not anticipated to reach depths where older, potentially more sensitive sediments could be encountered. Therefore, the Project’s potential to directly or indirectly destroy a unique paleontological resource or site or unique geologic feature would be less than significant.
Mitigation Measures
GEO-1 Implementation of Geotechnical Design Features. Prior to the issuance of grading permits, the construction contractor shall retain a qualified geotechnical engineer to incorporate all applicable geotechnical recommendations made in the Project specific Geotechnical Engineering Report for the purpose of reducing impacts related to soil expansion. Such recommendations include, but are not limited to, retaining wall foundation design, deepening foundations, and moisture conditioning soil. Geotechnical recommendations shall be noted on site plans and provided to the City for approval prior to the issuance of grading permits. The qualified geotechnical engineer shall be retained throughout construction to provide observation during grading and backfill, wall construction, and oversight of soil special inspection, as detailed in the Geotechnical Engineering Report. At the completion of construction, the qualified geotechnical engineer shall provide written confirmation to the City that all applicable geotechnical recommendations were followed.
Conclusion
With implementation of Mitigation Measure GEO-1, Project impacts associated with geology and soils would be reduced to a less-than-significant level.