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HomeMy WebLinkAbout10/07/1997, C-6 - WATER REUSE PROJECT-EXPERT WITNESS AND ATTORNEY SERVICES council October 7 1997 j aGEnaa IZEpont �-6 CITY OF SAN LUIS OBISPO FROM: John Moss,Utilities Directo /U__Prepared by: Dave Pierc astewater Reclamation Coordinator SUBJECT: Water Reuse Project—Expert Witness and Attorney Services CAO RECOMMENDATION By motion,authorize expenditures to Hatch and Parent for legal services and Thomas R. Payne and Associates, Stetson Engineering, and David Magney Environmental Consulting for technical services and representationbefore the State Water Resources Control Board in a hearing required to obtain a SWRCB permit for the City's Water Reuse project. Total cost of legal and professional services not to exceed$60,000. DISCUSSION In addition to the EIR which the City Council has certified, the Water Reuse Project requires a permit issued by the State Water Resource Control Board to change the place and purpose of use of treated wastewater. The City filed a petition in 1992 for the State Board to issue that permit. In response to the six protests to that petition,the State Board has determined that no other person has any rights to the treated wastewater that the City discharges to the creek.The Board has yet to make a determination about the rights of public trust resources. Staff has not been successful at negotiating with the protestants to withdraw their protests To prepare for the hearing before the State Water Resources Control Board depositions of all testimony must be provided to the Board and other parties before the actual hearing.At the hearing the experts will make a verbal presentation of the material and respond to questions. It is necessary to select the specific consultants/expertsbecause of their past involvement with the Water Reuse Project. Their earlier selection as consultants for the project was partially based on their credentials as expert witnesses. • Hatch and Parent has represented the City on water rights matters and Scott Slater has been involved with the Water Reuse Project since its inception. • Tom Payne of Thomas R. Payne and Associates prepared the Instream Flow Study that serves as the basis of the analysis of impacts to aquatic species. • Stetson Engineering modeled the surface and groundwater flows within the basin downstream of the Water Reclamation Facility to determine what flows could be expected with several discharge rates from the Water Reclamation Facility during wet,average and dry weather. 6-/ Council Agenda Report-Water Reuse Project—Expert Witness and Attorney Services Page 2 • David Magney of David Magney Environmental Consulting directed the preparation of the Biological Assessment and Impact Analysis and the Mitigation and Monitoring Plan while he was at Fugro.At the time that the Mitigation and Monitoring Plan was being completed,Fugro sold its environmental division to ENSR.David Magney and the other biologists who worked on the City's program have left the company.Expert representation of these reports is best accomplished by the people who prepared them and this can be accomplished through David Magney Environmental Consulting FISCAL Il4IPACT The maximum expenditure for these professional services will be not more than $60,000.00. Money for this expenditure will come from $50,000 that was identified for these services in the Study phase of the CEP for Water Reuse Distribution System (1997-99 Financial Plan, page E-5.) and the additional $10,000 from the $15,000 that was approved within the 1997-98 Water Fund budget for legal services. It is not possible at this time to determine the precise amount of funding to encumber to each consultant for these services, as their involvement and time will be somewhat determined by the issues presented by the permit protestants and questions/issues of the SWRCB. Staff is therefore recommending Council authorize expenditure of these funds in total to cover the work performed by these four consultants.