HomeMy WebLinkAbout11/18/1997, C-5 - AMENDMENT NO. 6 TO THE CONTRACT WITH WOODWARD-CLYDE CONSULTANTS FOR THE SALINAS RESERVOIR EXPANSION PROJECT council
Nov. 18 1997
acEnba Repoin °®H
CITY O F SAN LUIS O B I S P O
FROM: John Moss, Utilities Director
Prepared By: Gary W. Henderson,Water Division Manager�✓N
SUBJECT: Amendment No. 6 to the Contract with Woodward-Clyde Consultants for the
Salinas Reservoir Expansion Project
CAO RECOMMENDATION
By motion:
1. Approve Amendment No. 6 to the contract with Woodward-Clyde Consultants for
the Salinas Reservoir Expansion Project increasing the maximum compensation by
$39,950; and
2. Appropriate $8,000 from the CIP budget for legal services to be provided by Hatch
and Parent.
DISCUSSION
The Salinas Reservoir Expansion Project has been tediously proceeding forward for many years
and is currently being pursued on a parallel track with the Nacimiento Project. While the City
Council has acknowledged that the Nacimiento Project is a preferable alternative from a regional
water supply standpoint, the Nacimiento Project also has many obstacles and issues which must
be addressed prior to project approval. There is a chance that the Nacimiento Project may not
proceed forward in the.near future and if this occurs the City needs to be positioned to move .
forward with the Salinas Reservoir Expansion Project. With the recent Board of Supervisors
action to extend the close of the comment period for the Nacimiento draft environmental impact
report(DEIR)to February 1, 1998, it is likely that certification of the Nacimiento DEIR will not
be completed until late 1998.
The revised draft EIR for the Salinas Reservoir Expansion Project was released for public
comment in May of 1997 and the comment period closed on July 25, 1997. Numerous
comments were received that warrant additional review which were not originally anticipated in
the scope of work covered in the contract with Woodward-Clyde. The specific additional work
areas are outlined in Attachment A to this document. One of the driving factors for the additional
work is the recent elevation of steelhead trout to a "threatened" status by the National Marine
Fisheries Service. With this recent change, additional downstream biological assessment is
needed to confirm that that projects findings relative to steelhead trout habitat and related impacts
are accurate.
C -S-/
Amendment No. 6
Page 2
While the Salinas and Nacimiento Projects are being pursued on a parallel track, this does not
mean that the project EIR's need to be certified at the same time. With the recent delays
associated with the Nacimiento Project and the potential cost impacts associated with further
delays in the certification of the Salinas DEIR, staff would recommend that the Council pursue
completion of the EIR and direct staff to return in early 1998 for certification of the document.
The actual approval of which project to proceed with would be made after both EIR's have been
certified and staff returns to Council with an evaluation and recommendation relative to each
project. This approach would be consistent with Council's goal of proceeding with both projects
on a parallel track and will allow Council to make an informed decision on both projects, while
minimising potential cost impacts.
Background
The City of San Luis Obispo has been pursuing the Salinas Reservoir Expansion Project for
many years. The City entered into the initial contract with Woodward-Clyde Consultants for
preparation of the environmental impact report in March of 1992. The initial draft EIR was
released for public review in November of 1993 and the comment period closed on January 3,
1994. Numerous comments and concerns were raised by agencies and individuals at that time
and Council directed additional studies and analyses be prepared to address the concerns.
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 main goal of Phase III was to determine what type of mitigation strategies would 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/mitigationmonitoring plans for the project. The Council also 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 would 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
On January 16, 1996, Council approved.Amendment No. 5 to the contract with Woodward-
Clyde Consultants for the scope of work identified as Phase rV. The scope of work for Phase IV
was developed with the goal of certification of the EIR by mid-year in 1997. The schedule was
meant to coincide with the expected completion date for the Nacimiento water supply project
EIR. Delays in the release of the Nacimiento draft EIR, as well as issues related to the Salinas
Reservoir revised draft EIR preparation, resulted in this schedule not being met. Phase IV
involves the following four major work scope areas, the majority of which have been completed.
Amendment No. 6
Page 3
■ 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
■ Prepare Work Plan for Phase V (Post-EIR Compliance Support)
Additional Work Regrdred
Amendment No. 5 to Woodward-Clyde's contract assumed approximately 120 staff hours for
preparation of responses to the revised DEIR. Based on the number of comments received and
additional analyses recommended prior to issuance of the Final EIR, current funding levels are
not adequate to accomplish all the identified work. The general areas which require additional
work on the part of Woodward-Clyde staff are identified below. Refer to Attachment A of this
document for specific work scopes related to each item below.
• Responses to Additional Downstream Hydrology Related Comments
• Responses to Additional Downstream Biology Related Comments
• Incorporation of Additional Analyses into Final EIR (including 2 new technical
reports for Hydrology and Biology/Steelhead) and Preparation of Additional
Comment Responses
The total estimated additional cost for the work to be prepared by Woodward-Clyde is $39,950.
This additional funding will provide for completion of all work identified in Phase IV and the
scope of work outlined in Attachment A.
Legal Review
In addition to the work identified above, staff would recommend that a qualified CEQA attorney
provide a detailed legal review of the administrative Final EIR prior to Council consideration. A
number of concerns have been raised in the comments on the draft EIR that warrant thorough
legal review and consideration. The potential for litigation on any water supply project is
relatively high and staff wishes to ensure that all issues have been properly addressed. The firm
of Hatch and Parent has worked extensively with the City on this project and other water supply
issues for many years. Staff would recommend that the review be performed by Hatch and
Parent personnel who have extensive experience in the area of CEQA documentation and
(= -
Amendment No. 6
Page 4
requirements. The total estimated cost to provide this legal review is $8,000.
Summary
The preparation of the environmental impact report for the Salinas Reservoir Expansion Project
has been underway for many years and substantial analysis and studies have been performed to
resolve concerns raised by individuals and agencies. While, in the end, the project is likely to be
opposed on several fronts, the additional work outlined in this report will provide adequate
response to the concerns raised during the public review period and strongly position the City
should the Council decide to proceed with this project. In addition, the review by experienced
legal counsel relative to CEQA compliance is recommended to ensure that the document
adequately addresses all CEQA requirements.
FISCAL IMPACT:
Approval of the additional study and legal services will cost-$47,950. This total reflects a
$39,950 increase in the Woodward-Clyde contract for environmental and planning services,
and an $8,000 encumbrance to Hatch and Parent for related legal services. It is recommended
that the $47,950 be drawn from the $135,000 approved in the 1997-98 CIP budget (1997-99
Financial Plan, Appendix B, pp. 33-35) for additional studies necessary to move forward the
Salinas Reservoir Expansion Project. None of the budget has been used to date, so the full
amount is available to support this request.
The table below summarizes the Woodward-Clyde contract to date, including the
recommended increase.
Project Phase _T Amendme�No. Contract Amount Total Approved
Approved to Date
Phase 1 - 4 No. 1 - 5 F _T $685,700
Recommended
Phase 4 No. 6 $399950 $725,650
(continued)
Attachment: A. Amendment No. 6 Consultant Service Contract between the City of San Luis
Obispo and Woodward-Clyde Consultants
C'r-
AMENDMENTNO.6
CONSULTANT SERVICE CONTRACT
BETWEEN CITY OF SAN LUIS OBISPO
AND WOODWARD-CLYDE CONSULTANTS
THIS AMENDMENT NO. 6, made in duplicate and entered into this day of
November, 1997, by and between the City of San Luis Obispo (herein referred to as City) and
Woodward-Clyde Consultants (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 revised Draft Environmental
Impact Report for the Salinas Reservoir Expansion Project,and conducted Public Hearings in San
Luis Obispo and Paso Robles;and
WHEREAS,additional studies and analyses are necessary to complete the EIR;and
WHEREAS,Consultant has offered to provide the required services as detailed in the scope
of work as shown in Exhibit I to this Amendment for 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 Proiect. The basic description of the Project,as provided in Exhibit A to
the Agreement remains unchanged.
2. Scope of Services. The Scope of Services,asset forth in Exhibit A to the Agreement is
modified to add the following (refer to Exhibit I of this Amendment No. 6 for more
information):
A. Responses to Additional Downstream Hydrology Related Comments
B. Responses to Additional Downstream Biology Related Comments
C. Incorporation of Additional Analyses into Final EIR and Preparation of
Additional Comment Responses
1
3. Compensation. The cost estimate in Exhibit A of the AGREEMENT shall be changed to
increase the maximum compensation by $39,950 for a total compensation of$725,650.
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-CLYDECONSULTANTS
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
WAtteG)Jr6 en
o
2
C —If-6
Exhibit I
- i
Woodwardyde W
Engineering a sciences applied to the earth a its environment
October 28, 1997
Proj ect No. 916B 131 D
Mr. Gary Henderson
Water Division Manager
City of San Luis Obispo
955 Morro Street
San Luis Obispo, California 93401
Subject: Scope Amendment No. 6 to Agreement No. A-19-92-CC for Salinas Reservoir
Expansion Project
Dear Mr. Henderson:
INTRODUCTION
This letter describes Woodward-Clyde International-Americas' (WCIA) (formerly
Woodward-Clyde Consultants) scope of services and cost estimate for performance of
additional studies and analyses related to responding to comments on the Revised Draft
Environmental Impact Report(RDEIR) and completion of the Final EIR for the subject
project. This Introduction section provides background on why additional effort and the
associated costs are necessary to complete the Final EIR. The section titled Additional Scope
of Services outlines the key additional tasks necessary to complete the work. Finally, we
have provided an estimated cost and schedule for the services covered by this Amendment
No. 6. The scope of services described herein is intended to allow WCIA to respond to all of
the written and oral comments received on the RDEIR at an appropriate level of detail as
discussed with City of San Luis Obispo representatives (Gary Henderson and John Moss) at
the project meeting held on October 10, 1997.
WCIA's proposed scope of work for Phase IV - Salinas Reservoir Expansion Project (dated
December 15, 1995) (Exhibit 1 to January 16, 1996 Amendment No. 5 to Agreement No. A-
19-92-CC) assumed that the level of effort to respond to comments on the RDEIR would not
exceed 120 hours of our labor to prepare draft responses. To date, this level of effort has
already been invested.in the preparation of draft comment responses for a portion of the total
comments received, due to the number and complexity of the comments. Based on our
-discussions with you and John Moss at our meeting on October 10, 1997, additional effort
SAPROJ19168131D1AMEND6.DOC October 28,1997
Woodward-Clyde Consultants•A Subsidiary of Woodward-Clyde Group,Inc.
130 Robin Hill Road,Suite 100•Santa Barbara,California 93117
805-9646010•Fax 805-964-0259 7
C-50-
Woodwarddr.jfde
Mr. Gary Henderson
City of San Luis Obispo
October 28, 1997
Page 2
must be invested to perform additional studies and analyses in order to fully and completely
respond to the numerous comments received on the RDEIR.
The majority of the comments that require additional analysis and response are related to the
project's potential downstream flow effects on biological resources (riparian habitat and
steelhead) and water users/rights (Atascadero Mutual Water Company, Templeton
Community Services District, Paso Robles, etc.). The RDEIR analyses conclude that the
proposed project would not significantly impact downstream resources or water rights;
however, additional analyses are warranted in order to more fully respond to the various
purported impacts described in the comment letters. North County entities concerned about
water supply and rights issues related to decreased downstream flow have jointly opposed the
Salinas Reservoir Expansion Project, and it appears that the project may be subject to
additional protest and possibly litigation.
Additionally, it is expected that the upcoming State Water Resources Control Board -
Division of Water Rights Hearing will include consideration of Ca1Spa's protest(related to
potential steelhead trout issues) to the City's request for a Water Rights Permit time
extension. The steelhead trout(Oncvrhynchu.s myki.ss) was recently officially elevated to
"threatened"status (in the project area) by the National Marine Fisheries Service. The
steelhead's elevated status was announced on August 17, 1997 and became effective on
October 17, 1997. Under the Endangered Species Act(ESA), all public agencies and private
landowners must now ensure that all ongoing activities and future projects along rivers where
the steelhead occurs will not result in harm to the fish or its habitat. There are recent
undocumented reports of steelhead in tributaries of the Salinas River downstream of Salinas
Dam. It is now considered prudent to conduct more in-depth analysis of the occurrence of
steelhead habitat along the mainstem of the river below the dam to support the impact
conclusions regarding steelhead in the Final EIR. This additional information will help
ensure that the EIR is complete, as well as assist the City in complying with the ESA.
Finally, it was expected that our Phase IV scope of services would be completed by June of
1997. While the Mitigation Monitoring Committee/Mitigation Planning (Task IV-2)portion
of Phase IV was very successful, it took longer than expected to complete due to subsequent
agency coordination. The completion of the Salinas Final EIR has also been-postponed by the
City so that the EIRs for the Salinas Reservoir Expansion and Nacimiento Water Supply
projects could be available for City Council review at approximately the same time to
facilitate informed decision making. As you know, the Nacimiento EIR schedule has been
SAPROM168131D1AMEND6.DOC Oetober28.1997
Woodward-Clyde Consultants Q
C 15�
Woodwar%,de
Engineering a sciences applied to the earth a its environment
Mr. Gary Henderson
City of San Luis Obispo
October 28, 1997
Page 3
delayed several times, thereby delaying finalization of the Salinas EIR and causing WCIA to
invest additional project management and maintenance costs beyond what was originally
anticipated by both WCIA and the City when the Phase IV scope was developed at the end of
1995.
ADDITIONAL SCOPE OF SERVICES
Based on the comments received on the RDEIR and our meeting on October 10, 1997, WCIA
plans to perform the following additional analyses prior to issuance of the Final EIR for the
project. Key items addressed under this Scope Amendment No. G are:
Resnonsc to Down trcam Hvdrolo Rcl,ted Comment
• Clarify use of 10,000 acre feet per year demand scenario in computer model for
downstream flow impact analysis
• Clarify use of downstream flow impact percentages
• Re-run selected downstream flow effects model and incorporate pre-1972 data into EIR
analyses regarding downstream flow effects
• Assess adequacy of 1991 Morro Group report flow data for Atascadero related to
adequacy of the data; AMWC'
s attorneys/consultants stated in their comments on the
initial DEIR that the DEIR analyses failed to consider the Morro Group report data; the
RDEIR considers the Morro Group report data but now AMWC's attomeys/consultants
are stating that the Morro Group data is not reliable and needs to be redone by performing
an extensive watershed analysis to reestimate historical flows at Atascadero
• Perform additional analyses for flow effects at Atascadero Mutual Water Company
(AMWC) wellfield area focusing on monthly data(versus annual); as practical with
available data
Further assess project impacts on AMWC well levels and production including
consideration of seasonality (versus historical annual variations)
S:I12ROJW613131DWMEND6.00C October 28,1997
Woodward-Clyde Consultants•A subsidiary of Woodward-Clyde Group,Inc.
130 Robin Hill Road,Suite 100•Santa Barbara,California 93117
805-964-6010•Fax 805-964-0259
Woodward-G,yde
Mr. Gary Henderson
City of San Luis Obispo
October 28, 1997
Page 4
• Present data and impact assessments for additional AMWC wells in response to
comments from AMWC attorneys and consultants
• Further assess potential for project to result in scour reduction and associated effects on
groundwater and wellfield recharge, as practical
• Expand downstream analysis and rationale for insignificant findings for locales
downstream ofAtascadero (i.e.,Templeton Community Service District)
• Re-run computer model and revise all applicable text, tables, and graphs related to use of
revised County data set for water year 1985-1986 (as provided to WCIA by City on
October 10, 1997)
• Prepare a new Hydrologic Technical Report for inclusion in the Final EIR to present and
document key EIR related analyses; this report is expected to be useful for the
forthcoming State Water Resources Control Board Hearings, as well.
Responses to Down tream Biological Effects Related Comments
• Perform downstream biological reconnaissance of the Salinas River from the Dam to the
Highway 58 bridge with a recognized fisheries (steelhead) biologist focusing on
assessment of habitat suitability for steelhead trout access (i.e., presence of obstructions,
artificial dams, etc.), spawning (e.g., substrate), and rearing (including pre-winter water
conditions)
• Perform downstream biological reconnaissance of the canyon below the dam to evaluate
riparian habitat conditions
• Perform downstream reconnaissance to assess stream channel conditions (i.e.,
approximate width and depth to generate cross-sections) at selected locations for use in
estimating streamflow rates and scour capacity under various downstream flow scenarios
• Further assess potential project effects on downstream scour and related effects on
riparian habitat considering project effects on flow magnitude and frequency with respect
to channel morphology
SAPROM168131DIAMEND6.DOC October 28,1997
Woodward-Clyde Consultants
Woodward-ClAM
Mr. Gary Henderson
City of San Luis Obispo
October 28, 1997
Page 5
• Add historical pre-1972 flow data into computer analysis of downstream flow effects and
correlate to biologic conditions and effects
• Prepare a new Biology Technical Report (focusing on downstream steelhead issues and
riparian habitat impact assessment) for inclusion in the Final EIR; this report is expected
to be useful for the forthcoming State Water Resources Control Board Hearings on
Ca1Spa's protest to the City's request for a time extension to its Water Rights Permit.
Numerous other comments which are more minor will be responded to as part of this
additional scope of services, as well. The results of the additional hydrological and biological
related analyses will be used, as appropriate, to respond to comments on the RDEIR in the
following ways: 1) prepare direct responses to individual responses received; 2) provide input
for hydrology and biology technical reports (Final EIR appendices); and 3) provide input for
Final EIR text revisions in response to comments received on the RDEIR.
ESTIMATED COST AND SCHEDULE
The estimated costs and schedules to perform the additional scope of services estimated are
as follows:
• Responses to Additional Downstream Hydrology $15,340 (11/97 - 1/98)
Related Comments
• Responses to Additional Downstream Biology Related $17,710 (11/97 - 1/98)
Comments
• Incorporation of Additional Analyses into $6,900 (11/97-2/98)
Administrative Final EIR(including 2 new technical
reports for Hydrology and Biology/Steelhead) and
Preparation of Additional Comment Responses
• Total $39,950. (11/97-2/98)
Assuming the services covered by this Contract Amendment No. 6 are approved and
authorized by early November of 1997, all of the additional studies, analyses, and EIR related
services are expected to be completed by February, 1998 (i.e., anticipated Final EIR
completion date). We understand the City of San Luis Obispo does not want to further delay
completion of the Salinas Reservoir Expansion Final EIR in order to have its release coincide
s:1PR0J19166131 D"END6.DOC October 28.1997
Woodward-Clyde Consultants
Woodward-A%de ACA
Mr. Gary Henderson
City of San Luis Obispo
October 28, 1997
Page 6
with the Final EIR for the Nacimiento Water project, and that WCIA should complete the
Final EIR as soon as possible following authorization of Amendment No. 6.
TERMS AND CONDITIONS
WCIA's proposed scope of services for Amendment No. 6 will be performed on a time and
materials basis at a cost not to exceed $39,950 in accordance with the terms of our existing
contractual agreement(dated March 4, 1992) with the City. Our cost estimate assumes that
only one review iteration by the City will be required following WCIA's completion of the
Administrative Final EIR and that any review meetings will be held in our offices in Santa
Barbara. Other cost assumptions are as specified in Amendment No. 5 (dated January 16,
1996).
WCIA appreciates the opportunity to continue to be of service to 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,
A�>�
Robert L. Ray Timothy J. Cohen
Project Manager Vice President,
Project Director
c: John Moss
S:TROR916B131DWMEN06.DOC October 28.1997
Woodward-Clyde Consultants