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HomeMy WebLinkAbout01/16/1996, 3 - AMENDMENT NO. 5 TO THE CONTRACT WITH WOODWARD-CLYDE CONSULTANTS FOR THE SALINAS RESERVOIR EXPANSION PROJECT.V7 f MEEln. DATE: C� ".7 of S� Ll,(iS OBISNO Jan. 16 1996 COUNCIL AGENDA REPORT nE" NUMBER: `FROM: John Moss Prepared By: Gary W. Henderson �'A Utilities D for Water Division Manager SUBJECT: Amendment No. 5 to the Contract with Woodward -Clyde Consultants for the Salinas Reservoir Expansion Project. CAO RECOMMENDATION: By Motion, approve Amendment No. 5 to the contract with Woodward -Clyde Consultants for the Salinas Reservoir Expansion Project increasing the maximum compensation by $299,100. DISCUSSION: Background The City of San Luis.Obispo has been pursuing the Salinas Reservoir Expansion Project for many years. The project has become very political and there is significant opposition to the project in the north county. There are essentially three issues which must be resolved prior to beginning construction of the project: 1.) the City's water rights, 2.) the transfer of ownership of the facilities, and 3.) the reissuing and certification of the environmental impact report (EIR), including detailed impact mitigation plans. The water rights issue will require a hearing before the State Water Resources Control Board. The hearing will not be scheduled by Board staff until after completion of the draft EIR. The ownership transfer of the dam, related facilities and surrounding property from the U.S. Army Corps of Engineers to a local agency must be accomplished prior to . beginning construction. It is currently envisioned that the ownership of the facilities would be transferred to the San Luis Obispo Flood Control and Water Conservation District. In fact, City and County staff completed the draft agreements between the City and County to allow for the transfer to occur. These agreements were presented to Council in July of 1995 and were met with opposition from numerous north county political representatives. The approval of the agreements was postponed and staff directed to work with the north county agencies to resolve the concerns. Following meetings with north county representatives, staff returned to Council with the recommendation that the approval of the agreements be postponed until the EIR is completed. This was mainly due to concerns raised relative to the language in the agreements which stated that the "County agrees to endorse and support the City in the furtherance of the Salinas Reservoir Expansion Project ". Individuals questioned "How can the Board of Supervisors approve the agreements with this language until all the residual impacts are known and the EIR is certified ? ". Council adopted staff's recommendation and did not take formal action on the agreement language. 3 -� city of San IU-j OBISp0 COUNCIL AGENDA REPORT Amendment No. 5 Page 2 The final issue involves certification of the environmental impact report. The draft EIR was released in November of 1993 and the review period closed on January 3, 1994. Numerous comments and concerns were raised by agencies and individuals. One area of concern involved certification of the EIR prior to development of the detailed mitigation plans associated with project related impacts Cie. inundation of oak woodlands and wetlands/stream habitat). Based on these concerns, staff proposed a revised strategy for proceeding with the project. On February 21, 1995, the City Council endorsed a phased strategy for proceeding with the Salinas Reservoir Expansion Project. In April of 1995, Council approved Amendment No. 4 to the contract with Woodward -Clyde Consultants for Phase III work associated with the project. The majority of the work scope for Phase III has been completed. The main goal of Phase III was to determine what type of mitigation strategies will be acceptable to the regulatory agencies (Fish and Game, Fish and Wildlife, Corps of Engineers, etc.) and identify the additional studies or information necessary to accomplish future preparation of the detailed mitigation/mitigation monitoring plans for the project. Numerous meetings were held with regulatory staff as well as interested local conservation groups. Based on these meetings and direction provided by the City Council in the past six months, the next phase of work for the project has been modified from the February staff report. Council has directed staff to proceed with certification of the EIR with the goal of completion within the same time frame as the Nacimiento Project EIR. This will allow the Council to make an informed decision based on all the information relative to which project or projects should continue to be pursued by the City. Phase IV The scope of work for Phase IV was developed with the goal of certification of the EIR by mid- year in 1997. This schedule is meant to coincide with the expected completion date for the Nacimiento water supply project EIR. Phase IV will involve the following four major work scope area which are discussed in more detail in Exhibit 1 to Amendment No. 4 (Attachment A of this report). ■ Conduct Additional Biological Studies to Support EIR, Environmental Permitting, and Mitigation Planning ■ Organize and Direct Project Mitigation Advisory Committee and Complete Mitigation Planning Effort for EIR ■ Update and Reissue Draft EIR for Expansion Project and Prepare Final EIR for Certification by the City as CEQA Lead Agency city of San L.AI S OBI Spo j COUNCIL AGENDA REPORT Amendment No. 5 Page 3 ■ Prepare Work Plan for Phase V (Post -EIR Compliance Support) Additional studies and work necessary for the ownership transfer is recommended to be accomplished in future phases of work following completion of the EIR. This will minimize the fiscal impacts to the City associated with the ownership transfer until the decision is made relative to the Salinas and Nacimiento Projects. FISCAL IM PACT: Approval of the Phase IV services will increase the Woodward Clyde contract for Salinas environmental and planning services by $299,100. This is consistent with the February 21, 1995 Council Agenda Report recommending approval of Phase III services which estimated Phase IV services at $300,000. A total of $550,000 was approved as a part of the 1995 -97 Capital Improvement Plan to support the environmental and planning studies for this project (1995 -97 Financial Plan, Appendix B, Capital Improvement Plan, pp. 29 -30). As none of this funding has been spent to date, all of it remains to support the recommended action. The remaining funding will be used to support Phase V (Post -EIR Compliance Support). This contract, including all amendments, and approved budgets and expenditures amounts are shown below: Project Phase Amendment Contract Approved Expended Number Amount including to Date Contingency PHASE 1 Original Contract 3/92 $325,050 $341,300 No. 1 11/92 ($73,250) $325,550 $315,800 No. 2 (from contingency) 02/93 $ 6,500 $325,550 No. 3 03/94 $13,600 $339,150 $330,000 PHASE 3 No. 4 04/95 $57,200 $386,600 $334,000 PHASE 4 No. 5 02/% $299,100 $685,700 $334,000 Attachment: A. Amendment No. 5 and Detailed Work Scope Attachment A AMENDMENT NO. 5 CONSULTANT SERVICE CONTRACT BETWEEN CITY OF SAN LUIS OBISPO AND WOODWARD -CLYDE CONSULTANTS THIS AMENDMENT NO. 5, made in duplicate and entered into this day of January, 1996, by and between the City of San Luis Obispo (herein referred to as City) and Woodward -Clyde Consultant (herein referred to as Consultant), provides for changes to the Consultant Service Contract dated March 4, 1992, as follows: WITNESSETH: WHEREAS, City and Consultant completed and issued the Draft Environmental Impact Report for the Salinas Reservoir Expansion Project, and conducted Public Hearings in San Luis Obispo and Paso Robles; and WHEREAS, the City Council has directed that the detailed mitigation plans be developed for the expansion project prior to the certification of the environmental impact report; and WHEREAS, a number of studies and surveys must be completed to complete the EIR and develop detailed mitigation strategies; and WHEREAS, additional consultations with regulatory agencies and interested individuals are also required to develop the mitigation plan strategies; and WHEREAS, Consultant has offered to provide the required services as detailed in the scope of work for Phase IV of the Salinas Reservoir Expansion Project on the terms and conditions set forth in the AGREEMENT and as modified by this AMENDMENT; NOW, THEREFORE, in consideration of their mutual covenants the parties hereto agree as follows: 1. Description of Project. The basic description of the Project, as provided in Exhibit A to the Agreement remains unchanged. 2. Scope of Services. The Scope of Services, as set forth in Exhibit A to the Agreement is modified to add the following (refer to Exhibit I of this Amendment No. 5 for more information): A. Conduct Additional Biological Studies to Support EIR, Environmental Permitting, and Mitigation Planning (as required by the CDF &G and the USFWS) 1 Amendment No. 5 Page 2 B. Organize and Direct Project Mitigation Advisory Committee and Complete Mitigation Planning Effort for EIR C. Update and Reissue Draft EIR for Expansion Project and Prepare Final EIR for Certification by the City as CEQA Lead Agency D. Prepare Work Plan for Phase V (Post -EIR Compliance Support) 3. ComRosation. The cost estimate in Exhibit A of the AGREEMENT shall be changed to increase the maximum compensation by $299,100 to $685,700. All other terms for compensation remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT on the year and date first written above. CITY OF SAN LUIS OBISPO WOODWARD -CLYDE CONSULTANTS By:_ Mayor ATTEST: City Clerk 3� Woodward -Clyde W AICA Engineering 8 sciences applied to the earth & its environment December 15, 1995 Project No. 916BI31C Mr. Gary Henderson Water Division Manager City of San Luis Obispo 955 Morro Street San Luis Obispo, California 93401 EXHIBIT 1 Subject: Proposed Contract Amendment and Phase IV Work Plan for the Salinas Reservoir Expansion Project Dear Mr. Henderson: INTRODUCTION Since 1987, the City of San Luis Obispo (City) has diligently sought to obtain the necessary regulatory approvals and environmental compliance documents needed to support alterations to Salinas Dam and expansion of the reservoir's capacity to meet the City's future water needs. In order to continue an orderly and cost - efficient pursuit of the Salinas Reservoir Expansion Project, the City has asked that project planning, permitting, and regulatory compliance support work be performed on a phased basis. This letter is submitted by Woodward -Clyde Consultants (WCC) in accordance with our contractual agreement with the City, to fulfill Task M-4 of our previously approved Phase III scope of services (Amendment No. 4), to serve as the basis for a contract amendment " for Phase IV services. Included herein is WCC's proposed Phase N Work Plan, which provides a detailed Scope of Work, Cost Estimate, and Completion Schedule for Phase IV of the Salinas Project, based on direction and guidance received over the past six months from the following agencies: • U.S. Army Corps of Engineers (ALOE) — Los Angeles District • U.S. Army Corps of Engineers — San Francisco District • U.S. Fish and Wildlife Service (USFWS) — Ventura Field Office • California Department of Fish and Game (CDF &G) — local and Sacramento offices s:u'aon91ecuicwxticEFILnoc>Sn nemmQ 15.19% DEC ��� Woodward - Clyde Federal Services • q subsidiary of Woodward -Clyde Group. Inc. I ir(� 8 W5 LI 130 Robin M Road. Suite 100 • Santa Barbara, California 93117 I 805 - 9646010 • Fax 8059640259 �.. _...�� tC1Y0R.`(S✓�rteoBlmgP�O „�G Woodward -Clyde Mr. Gary Henderson City of San Luis Obispo December 15, 1995 Page 2 • County of San Luis Obispo — GSA, County Parks and Recreation Department • Local Conservation Groups — Land Conservancy, Friends of the Estuary, et al. This Work Plan also considers input received by WCC from City of San Luis Obispo staff during the course of the Phase III work, including comments received on previous deliverables submitted by WCC, as well as guidance provided at recent project planning meetings and during teleconferences. PHASE IV SCOPE OF SERVICES The Phase IV Work Plan includes the following tasks: • Task IV -1: Conduct Additional Biological Studies to Support EIR, Environmental Permitting, and_ Mitigation Planning (as required by the CDF &G and the USFWS) • Task IV -2: Organize and Direct Project Mitigation Advisory Committee and Complete Mitigation Planning Effort for EIR • Task IV -3: Update and Reissue Draft EIR for Expansion Project and Prepare Final EIR for Certification by the City as CEQA Lead Agency • Task IV -4: Prepare Work Plan for Phase V (Post -EIR Compliance Support) These tasks are described in more detail in the following sections, which constitute WCC's proposed Phase IV Scope of Work for contract amendment purposes. Task IV -1: Conduct Additional Biological Studies The following additional biological studies have been requested by the pertinent regulatory agencies in response to comments on the previous Draft EIR and to prepare agency- approvable mitigation plans: WARD IX131 FLDOC w t,,=b, 15.1995 Woodward -Clyde Consultants 3--�7 Woodward -Clyde Mr. Gary Henderson City of San Luis Obispo December 15, 1995 Page 3 • Additional surveys for listed /proposed T &E or sensitive species (red - legged frog, Arroyo southwestern toad, southwestern pond turtle, southwestern willow flycatcher, and least Bell's vireo) in accordance with current USFWS protocols, as applicable (as required by CDF &G and USFWS) • `Basin Level Habitat Assessment" of the approximately 1.3 miles of upstream habitat above the current reservoir high water mark along the Salinas River that would be periodically inundated by the Expansion Project (as requested by the CDF &G) • Survey for bullfrogs, including breeding areas, in preparation for a possible bullfrog' predation control program to protect the proposed T &E red - legged frog (as requested by the USFWS) • General surveys for faunal and botanical resources to update the data gathered during the Spring, 1992 surveys; the previous technical reports will be updated and a NEPA- compliant level Biological Assessment will be prepared (as requested by the CDF &G and USFWS). The general survey update work effort will include the following sub- tasks to help refine the mitigation planning effort: refinement of earlier tree counts (by species) within inundation zone; Iredelineation . of jurisdictional wetlands within inundation zone; and compilation of data (hydrologic and detailed topographic data) necessary to assess wetland reestablishment potential around the new, raised reservoir perimeter on the eastern portion of reservoir. The tree and wetland survey work will include gathering of data necessary to evaluate quality and functions of upland and wetland habitats affected by the project. This assessment will address the abundance and variety of wildlife using each habitat, and the rarity of each habitat in the region. Habitats will be ranked by using specific biological criteria. Task N -2: Organize And Direct Mitigation Advisory Committee and Complete Mitigation Planning Effort For Draft EIR Revision The status of previous mitigation planning work and options for completing the remaining. mitigation planning effort are summarized in our letter to you dated December 1, 1995. Based on telephone conversations with you on December 5, 1995, we understand that the w:Uea0n916cu1clr ASEMnoc tw Dw=ba u. IM Woodward -Clyde Consultants O Woodward -Clyde Mr. Gary Henderson City of San Luis Obispo December 15, 1995 Page 4 City would like WCC to proceed with Option 1 (Development of Project Mitigation Opportunities Through Creation of a Directed/Focused Mitigation Advisory Committee). This task will involve creation and direction by the City and WCC of a Mitigation Advisory Committee to help the City identify and develop specific offsite mitigation measures for incorporation into the EIR. Potential advisory committee members include representatives of the following: Land Conservancy of San Luis Obispo County; Upper Salinas Las Tablas Resource Conservation District; CDF &G; USFWS: ACOE; Cal Poly; the California Division of Forestry; and the County of San Luis Obispo's Planning - and/or ' Parks and Recreation Department. Beginning in February, 1996, the City and WCC work together informally with conservation - oriented groups such as the Land Conservancy to identify potential mitigation opportunities. in advance of commencement of the Advisory Committee work. Once the additional biological studies/habitat value assessments are completed (Spring 1996), the list of potential mitigation opportunities can be evaluated from a comparable habitat standpoint, and be screened for appropriateness. The most - promising and feasible opportunities can then be presented to the Committee to facilitate the timely completion of their work. Selection of committee members /participants would be done by WCC and the City, and meetings would be facilitated by WCC staff. WCC and the City will focus the Advisory Committee's mitigation opportunity identification .process solely on mitigating project "habitat value" impacts due to inundation of oak woodlands and wetlands /stream habitat. Additionally, the mitigation identification process will be based on (and limited to) "replacement with equivalent habitat value ". The committee work will be focused/limited to identification of viable mitigation opportunities that meet the project mitigation goals /needs and the committee will not discuss or debate the merits of the project itself as part of the committee work. The specific committee goals, number of meetings, meeting agendas, overall schedule, and meeting coordination will be determined by the City and WCC. For the purposes of this work plan, WCC envisions that five advisory committee meetings (about 2-4 hours each) would be required, plus one additional meeting with appropriate regulatory staff WAPROA9I6C171C1PHASULDOC A D=mba 15. 1995 Woodward -Clyde Consultor. F Woodward -Clyde Mr. Gary Henderson City of San Luis Obispo December 15; 1995 Page 5 personnel; meetings are expected to be held at various locations such as: Santa Margarita, Atascadero, Paso Robles, and the City of San Luis Obispo, as decided by City staff. It is also envisioned that each meeting would include an introductory technical presentation by WCC and be followed by a discussion/feedback session. A preliminary list of meeting agenda topics follows: • Meeting 1 — Organization and Purpose of Mitigation Advisory Committee, Roles of Members, Specific Mitigation Goals, and Presentation of Preliminary List of Screened Habitat Value Replacement Opportunities for Consideration by the Committee • Meeting 2 — Receive Participant's Specific Mitigation Suggestions Regarding Opportunities to Meet Defined Mitigation Needs, Including Initial Feedback on Preliminary List of Opportunities Presented at Meeting 1 • Meeting 3 — Evaluate Mitigation Opportunity Suggestions Received to Date with Respect to Their Ability to Meet the Specified Habitat Value Replacement Goals • Meeting 4 — Evaluate Potential Feasibility of the Identified Opportunities with Respect to Issues of Acquisition, Implementation Feasibility and Schedule, Cost, Etc. Following Meeting 4, it is envisioned that the City and WCC would review the information compiled to date by the Advisory Committee and WCC would prepare a Summary Report for presentation to the Advisory Committee at Meeting 5. • Meeting 5 — Present and Discuss Draft Summary Report, Develop Consensus,, and Rank Options With Respect to Their Ability to Meet the Project Mitigation Goals WCC envisions that the City and WCC will then further evaluate the results of the committee work prior to packaging it for presentation to the regulatory agencies (e.g., CDF &G and USFWS) for their review and comment. This step may not be necessary if CDF &G and/or USFWS representatives participate on the Advisory Committee. Following review and comment by the regulatory agencies, the mitigation plans will be incorporated into the EIR, as appropriate. W- MMON16C171CMASEPRDOC N De®6er U. 1995 Woodward-Clyde Consultants 3 -/0 Woodward -Clyde Mr. Gary Henderson City of San Luis Obispo December 15, 1995 Page 6 Task IV -3: Update And Reissue Draft EIR And Prepare Final EIR The original Draft EIR for the Salinas Reservoir Expansion Project was issued in November, 1993. Although draft response to comments, including text revisions et al. were prepared, the City Council made a decision in the late - spring of 1994 not to prepare /issue the final EIR, pending further development of mitigation plans and refinement of project details. Due to the amount of time that has elapsed since the original Draft EIR was issued and the mitigation plans subsequently developed, the City will recirculate the updated Draft EIR prior to preparing the Final EIR. Additionally, the updating of the Spring, 1992 Biological Surveys, addition of more detailed mitigation measures, revision of the City's long -term water supply and demand projections, etc. might be considered to constitute "new" information that necessitates recirculation prior to issuance of the Final EIR. This task is envisioned to involve the following sub- tasks: • The Project Description, including Need for Project, will be updated. The City's most recent water supply and demand figures will be incorporated and the range of alternatives available /considered will be updated (e.g., revised status of Nacimiento Water Supply Project and City's Water Reclamation Project since 1993, etc.). • All technical resource baseline and impact analyses will be updated with current information. • Additional biological survey and ME species status information will be incorporated into the EIR and associated technical reports. • New, expanded mitigation measures for biological resources will be developed, incorporated, and considered in the EIR impact assessments. Additionally, a more detailed assessment of natural wetland reestablishment potential (based on procurement of detailed topographic information and consideration of fluctuating hydrologic conditions) will be performed and incorporated into the EIR. W:1P =916CU1C1PHASEfRD= nw D== w Is. Im Woodward -Clyde corinwtants ) Woodward -Clyde Mr. Gary Henderson City of San Luis Obispo December 15, 1995 Page 7 • The Water Resources /Quality Section (3.4) will be expanded to further address downstream water issues identified during the previous DEIR public comment process. The EIR will be revised to address potential downstream impacts (surface and groundwater). more definitively in response to requests by the City. • An evaluation of the dam as a potential "historical structure of significance" eligible for nomination to the National Register of Historic Places will be performed, along with appropriate documentation to meet the standards of the Historic American Engineering Record (HAER); results of this evaluation will be incorporated into the revised DEIR. • The Recreation Facility Relocation Plans, including access road relocation plans, will be revised to avoid cut- and -fill acti vities below the current high water 'mark (i.e., elevation 1301 feet above mean sea level), as practical, to reduce potential regulatory permitting issues related to the Clean Water Act. • Another Preliminary Draft EIR (PDEIR) will be prepared for City review prior to production of a camera -ready DEIR (for City copying/distribution); Woodward -Clyde assumes a review meeting to discuss PDEIR comments would occur in SLO. • To obtain additional public input on the revised Draft EIR, two public comment hearings will be held, one in San Luis Obispo, the other in the North County (at a site to be determined by the City). • Woodward -Clyde will prepare draft responses to comments received and reconcile the new comments and responses with the previous comments /responses (i.e., 1994 Draft EIR responses) for inclusion in the Final EIR. Woodward -Clyde assumes a review meeting with City staff would be held in SLO. Woodward -Clyde has assumed that new comments would require not more than 120 hours of our labor to prepare draft responses. • The work scope for Task IV -3 includes preparation of a camera -ready Final EIR, and preparation of draft CEQA Findings and a draft Notice of Determination, as well as attendance at the Final EIR Certification Hearing. W:IPROA916C131f,1PUMER DOC 1a, Dacemba 15. 1995 Woadwand•Clyde Consultants Woodward -Clyde Mr. Gary Henderson City of San Luis Obispo December 15, 1995 Page 8 Task IV4: Prepare Phase V Work Plan — Post -EIR Compliance Support The objective of Task IV-4 will be to prepare a work plan for Phase V, assuming the City decides to move forward with the expansion and /or property transfer projects. The Phase V work plan will specify the following: objectives of subtasks, summary of planned efforts to complete sub- tasks, estimated timeline to complete Phase V activities, and associated costs. It is expected that WCC would prepare the Phase V work plan within several weeks after completion of Tasks IV -1 through IV -3, or earlier if authorization by the City. ESTIMATED COSTS AND SCHEDULE The estimated costs to perform Phase IV activities (Tasks IV -1 through IV-4) along with an estimated schedule for completion of subtasks are as follows: • Task 1V -1: Conduct Additional Biological Studies $124,200 (2/96 -9/96) • Task IV -2: Organize and Direct Mitigation Advisory Committee and Complete Mitigation Planning Effort for EIR $27,500 (2/96- 10/96) ' • Task IV -3: Update and Reissue Draft EIR and Prepare Final EIR $145,000 (2/96- 6/97) • Task IV-4: Prepare Phase V Work Plan —Post EIR Compliance Support $2,400 (7/97) • TOTAL: $299,100 (2/96 -7/97) In summary, all of the subject tasks are envisioned to be completed by mid -year in 1997; this schedule is meant to coincide with the expected completion date for the Nacimiento water supply project EIR (being prepared by the County) so that the City can make necessary decisions about how to proceed to meet its future water supply needs. The schedule is based on the assumption that the subject scope of work will be approved by the WAPROA916031MHASEFLDOC tv Daembv IS. 1995 Woodward -Clyde Consukants 3 -/.3 Woodward -Clyde Mr. Gary Henderson City of San Luis Obispo December 15, 1995 Page 9 City in January, 1996 — this will allow WCC time to plan for and conduct the additional biological studies requested by the CDF &G and the USFWS in the Spring of 1996. If the additional biological studies are not conducted during the appropriate Spring months of 1996, the schedule will need to be extended by at least one year. WCC's proposed Scope of Services is based on the assumption that the sery ices would be performed on a time- and - material basis at a cost not to exceed $299,100, in accordance with the tdrms of our existing contractual agreement with the City. The estimates are also predicated on the assumptions described within the work scope. Woodward -Clyde appreciates the opportunity to continue to serve the City of San Luis Obispo on this important project. Please call the undersigned if you have any questions or if you need further information. Sincerely, R. Keith Julian Vice President and Project Director c: John Moss W.AFR01916CI51QPHASFFRD0C m D=Mbc 15.1995 Woodward -Clyde Consu tarts `I-Q�. to'4� - J . Robert Ray Project Manager am 3-41