HomeMy WebLinkAbout04/17/2007, C7 - COMPLETION OF USE ATTAINABILITY ANALYSIS FOR SAN LUIS OBISPO CREEK O C
council e
Aril 17 2007
accnas Report
CITY OF SAN LUIS OBISPO
FROM: Department.Head: John Moss, Utilities Director
Prepared By: David Hix, Wastewater Division Manager
SUBJECT: COMPLETION OF USE ATTAINABILITY ANALYSIS FOR SAN LUIS
OBISPO CREEK
CAO RECOMMENDATION
Approve a second amendment to the Agreement with Larry Walker Associates in the amount of
$93,300 for the completion of the Municipal and Domestic Supply (MUN) Use Attainability
Assessment for the Lower Portion of San Luis Obispo Creek and authorize the Mayor to execute
the Agreement.
DISCUSSION
Original Agreement
In May of 2005, the City hired Larry Walker Associates (LWA) to perform a feasibility analysis of
regulatory options for the Water Reclamation Facility (WRF). The City requested this analysis
because it had become apparent that the City needed to explore and exhaust all likely regulatory
options for the WRF's National Pollutant Discharge Elimination System (NPDES) permit. The
WRF's discharge requirements will become significantly more stringent in the next five years
because of the State's requirements that the WRF meet the Municipal and Domestic Supply
beneficial use requirements for San Luis Obispo Creek. This beneficial use will require significant
and costly upgrades to meet the State's requirements that the WRF's discharge meets or exceeds
drinking water standards. The preliminary study determined that a Use Attainability Analysis
(UAA) to study the reasonable beneficial uses of San Luis Obispo Creek was the most likely and
favorable regulatory option the City should pursue. If approved by the State and EPA, this study
may remove or change the MUN beneficial use designation of San Luis Obispo Creek.
Expanded Work
In April of 2006 Council approved Amendment Number One to the Agreement in order to
complete the UAA. Work toward completion has progressed well, but additional work is now
required. The additional work required is necessary to analyze relevant history as well as state
and federal policies to determine if downstream use constituted a MUN use. Further work with
the Regional Water Quality Control Board (RWQCB) staff on the interpretation of relevant
water quality regulations is also needed. The need for this expanded scope became known late
in the process and without any prior notice from the RWQCB and/or downstream users during
the scoping portion of the UAA. In amending the Agreement, staff has also requested LWA to
assist the RWQCB in the development of the required California Environmental Quality Act
(CEQA) documents, an additional item not included in the original work scope, to ensure the
timely implementation of the environmental review aspect of the UAA.
C � - f
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Completion of UAA for San Luis Obispo Creek Page 2
Additional funding is need to complete the UAA and includes: the additional work with
stakeholders, revisions to comments, work with RWQCB staff, attendance at meetings, and
completion of the CEQA process. Because excellent progress has been made on the UAA it is
crucial that this study be completed to determine the appropriate beneficial uses of San Luis
Obispo Creek. The UAA process follows the EPA's guidance for"de-designation" (removing
the beneficial use designation) and looks at all the criteria for beneficial uses, definitions of those
uses, if the uses exist and the process to change the designation. City staff and LWA continue to
work with RWQCB staff to provide further required information and help establish a process to
ensure completion of the UAA.
The MUN beneficial use designation is currently the driver for proposed Water Reclamation
Facility upgrades including nutrient removal and disinfection modifications and will likely
continue to place the most stringent discharge requirements in the WRF's NPDES permit. The
UAA will provide the City and RWQCB with a comprehensive document that will objectively
and thoroughly analyze San Luis Obispo Creek's beneficial uses and provide the City with
valuable information to determine appropriate upgrades to the WRF. Other beneficial uses may
require process upgrades in the future. Staff believes the UAA's outcome should demonstrate
that the MUN designation does not, and can not, exist and should be removed.
LWA has prepared several similar studies for other agencies and provides support for all of the
documents and studies they develop. LWA is very faniiliar with the City's NPDES permit, the
Central Coast RWQCB, and its staff from assisting the City in its last permit negotiation. Few firms
posses the expertise,experience and excellent service offered by LWA
FISCAL IMPACT
This amendment requires $93,300 in additional funds for LWA's services. Funding for the
Amended Agreement is currently available in project savings from two recently completed sewer
capital improvement plan projects.
ATTACHMENT
Amendment to Agreement LWA Proposal
G: File Path
/ Attachment
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on
, by and between the CITY OF SAN LUIS OBISPO, a.municipal corporation, herein after
referred to as City,and Larry Walker Associates, hereinafter referred to as Contractor.
WITNESSETH:
WHEREAS, on May 6 2005, the City entered into an Agreement with Contractor for Feasibility Analysis
of Regulatory Options;and
WHEREAS, the City desires to amend the scope of services to include Completion of MUN Use
Attainability Analysis and Development and Support for a Basin Plan Amendment, and Contractor has submitted a
proposal for this purpose that is acceptable to the City.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained,the parties hereto agree as follows:
1. The scope of services and related compensation is hereby amended as set forth in Exhibit A
attached hereto.
2. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first written above.
ATTEST: CITY OF SAN LUIS OBISPO
By:
Audrey Hooper,City Clerk David F. Romero, Mayor
APPROVED AS TO FORM: CONTRACTOR
City 4-ROMAK
C� - 3
707 41h Street. Suite 200 530.753.61 www.lwa.com
Davis, CA956t6 530.753.7d�.,.ias Exhibit
L A R R Y
W A L K E R
March 16, 2007
Mr. Dave Hix
•
City of San Luis Obispo
955 Morro Street ASSOCIATES
San Luis Obispo, CA 93401
Re: Request for a Revision to December 14, 2005 Scope of Work for the Completion
of a MUN Use Attainability Analysis for the lower portion of San Luis Obispo Creek
Dear Mr. Hix:
Per our discussion of March 13, 2007, Larry Walker Associates ("L%VA") is submitting the
following request to revise the December 14, 2005 Scope of Work to complete a MUN Use
Attainability Analysis (UAA) for the lower portion of San Luis Obispo Creek. Several issues
were not anticipated to require a significant amount of time to address during the
development of the original Scope were raised late in the process. These issues, raised by
the Regional Board and the San Miguelito Mutual Water Company (SIAMWC), primarily
revolve around the use represented by the S1vlhfWC wells. Addressing concerns <vitli the
potential existing use represented by SM;\IWC wells has been the primary issue that has
resulted in an increase in the number of hours required to complete the project. These
issues were idenrified in the preliminary UAA. However, LWA did not receive comment on
those specific issues from the Regional Board or SMMWC and, as such, did not include
sufficient budget to conduct the additional meetings and associated work generated by the
meetings. Additional effort has also gone into working with Regional Board staff to come to
consensus on interpretation of available federal regulations. Lastly, to provide assistance to
Regional Board staff, who have already dedicated a significant amount of time and energy to
the process, LWA, under the direction from the City, has taken on developing California
Environmental Quality Act (CEQA) documentation. CEQA documentation task items were
not included in the original Scope.
The table on the following page outlines the potential hours and associated costs needed to
complete the project based on the current process. The total requested increase is $93,289.
Please call if you have any questions or if you need additional information.
Sincerely,
Lartti� 1�. `M�alkcr
Chief Executive Officer
Larry Walker Associates; Inc..
(530) 753-6400
-� Exhibit
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