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.