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Agenda Packet 2006-01-10 . CITY OF Tony Ferrara Jim Guthrie Jim Dickens Joe Costello Ed Arnold Mayor Mayor Pro Tern Council Member Council Member Council Member Agenda City Council ~~~.t Steven Adams City Manager Timothy J. Carmel City Attorney Kelly Wetmore City Clerk AGENDA SUMMARY CITY COUNCIUREDEVELOPMENT AGENCY MEETING TUESDAY, JANUARY 10, 2006 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER: 7:00 P.M. 2. ROLL CALL: 3. FLAG SALUTE: KIWANIS CLUB OF ARROYO GRANDE 4. INVOCATION: PASTOR ROBERT BANKER OPEN DOOR CHURCH 5. SPECIAL PRESENTATIONS: 5.a. Presentation of Medal of Merit to Police Officer Tammie Eaaers 5.b. Oath of Office Administered to Police Chief Tonv Aeilts bv City Clerk Kellv Wetmore 6. AGENDA REVIEW: . 6a. Move that all ordinances presented tonight be read in title only and all further readings be waived. AGENDA SUMMARY - JANUARY 10, 2006 PAGE 2 7. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the cOmmunity to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: . Direct City staff to assist or coordinate with you. . A Council Member may state a desire to meet with you. . It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Council: . Comments should be limited to 3 minutes or less. . Your comments should be directed to the Council as a whole and not directed to individual Council members. . Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8. CONSENT AGENDA: The following routine items listed below are scheduled. for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. 8.a. Cash Disbursement Ratification (KRAETSCH) Recommended Action: Ratify the listing of cash disbursements for the period December 1, 2005 through December 31, 2005. 8.b. Statement of Investment DeDoslts (KRAETSCH) Recommended Action: Receive and file the report of current investment deposits as of November 30, 2005. 8.c. Consideration of ADDroval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Special City Council meetings of October 25 and November 8 2005; and the minutes of the Regular City Council Meeting of November 8, 2005 as submitted. 8.d. Consideration of Annual Adiustment of Sewer Connection Fees (KRAETSCH) Recommended Action: Adopt Resolution approving the annual adjustment to the sewer connection fees based on changes in the Engineering News Record (ENR) Construction Cost Index (CCI). AGENDA SUMMARY - JANUARY 10, 2006 PAGE 3 8. CONSENT AGENDA (continued): 8.e. Consideration of Adiustment to Decrease the Mileage Reimbursement Rate for EmDlovees and Volunteers (KRAETSCH) [COUNCIURDA] Recommended Action: Establish .445~ per mile as the employee/volunteer mileage reimbursement rate for the 2006 calendar year. 8.f. Consideration of Resolution Establishing the Architectural Review Committee (ARC) as the Interim Building Code Board of ADDeals (FIBICH) Recommended Action: Adopt Resolution establishing the ARC as the Interim Building Code Board of Appeals. 8.g. Consideration of Designation of Agent (OESlFj:MA Multi-Jur.lsdlctional Local Hazard Mitigation Plan) (FIBICH) Recommended Action:. Adopt Resolution designating the City Manager, Financial Services Director, and Director of Building and Fire as the City's agents for the purpose of requesting reimbursement for the development of a Multi-Jurisdictional Local Hazard Mitigation Plan through the Governor's Office of Emergency Services (OES). 8.h. Consideration of an Award of Contract to Flovd V. Wells. Inc. to Construct Phase I of the Well No. 10 Proiect. PW 2004-07 (SPAGNOLO) Recommended Action: 1) Award a contract for the construction of Phase I of the Well No. 10 Project, PW 2004-07 to Floyd V. Wells, Inc. in the amount of $175,160.00; and, 2) Authorize the City Manager to approve change orders not to exceed the contingency of $17,516.00 for use only if needed for unanticipated costs during the construction phase of the project. 8.1. Consideration of an Award of Contract to Lee Wilson Electric ComDanv Incoo for Construction of the Camino Mercado/West Branch Traffic Signal Proiect. PW 2005-05 (SPAGNOLO) Recommended Action: 1) Award a contract for the construction of the Camino MercadolWest Branch Traffic Signal Project, PW 2005-05 to Lee Wilson Electric Company Inc. in the amount of $313,369.00; 2) Authorize the City Manager to approve change orders not to exceed the contingency of $31,337.00 for use only if needed for unanticipated costs during the construction phase of the project; and 3) Transfer $212,000.00 from the Traffic Signalization Fee Fund. 8.j. Consideration of AcceDtance of the Theis/Keisler Tennis Court Addition Prolect. PW 2004-02 (SPAGNOLO) Recommended Action: 1) Accept the project improvements, as constructed by Malibu-Pacific Tennis Courts, Inc., in accordance with the plans and specifications for the Theis/Keisler Tennis Court Addition Project; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of retention of $22,140.10, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. AGENDA SUMMARY - JANUARY 10, 2006 PAGE 4 8. CONSENT AGENDA (continued): 8.k. Consideration of AcceDtance of Easements and Public ImDrovements for Tract 2328 - Stonecrest - S&S Homes of the Central Coast (SPAGNOLO) Recommended Action: 1) Accept the public improvements, as constructed, that were conditioned for Tract 2328; and 2) Adopt Resolution accepting the offers of dedication and rights of way shown on the final Tract Map. 8.1. Consideration of TemDorarv Use Permit Case No. 05-027 Related to MalntenancelRemodellna of Wal-Mart: PS Contractlna. Inc.: 1168 W. Branch Street (STRONG) Recommended Action: The Planning Commission recommends the City Council adopt a Resolution approving Temporary Use Permit Case No. 05-027. 9. PUBLIC HEARINGS: None. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: 11.a. Consideration of SUDDlemental Water Studies of the Nacimiento and Desalination Prolects and of Direction to PreDare Grant ADDlleatlon (SPAGNOLO) Recommended Action: 1) Receive the presentation on.supplement water studies; and 2) Direct staff to prepare a State grant application for funding to perform a full desalination feasibility study in cooperation with the other South County agencies. 12. CITY COUNCIL MEMBER ITEMS: The following item(s) are placed on the agenda by a Council Member who would like to receive feedback, direct staff to prepare information, anellor request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. a. None. 13. CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manager in order to receive feedback anellor request direction from the Council. No formal action can be taken. a. None. AGENDA SUMMARY - JANUARY 10, 2006 PAGE 5 14. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 15. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. 16. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. 17. ADJOURNMENT 11111111****1111111111111 All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the City Clerk's office and are available for public inspection and reproduction at cost. If requested, the agenda shall be made available in appropriate alternative formats to persons wnh a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Administrative Services Department at 805-473-5414 as soon as possible and at least 48 hours prior to the meeting date. ************************** Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports can be accessed and downloaded from the City's website at www.arrovoqrande.orq ------ 5.b. OF ..~^ '", ' 'I[<ii . ,~UC A L I FOR ~t.-.lf./ 'c,_~~ "~h5 :J{onurary 7{eso(ution . .:Awardl:11fJ '1M Po(ii;e 1Jeyartrrwnt's :Metfa( of :Merit To Po(ii;e Officer Tammie 'Eeeers WHEREAS, on August 7, 2005, Police Officer Tammie Eggers responded to a request from the San Luis Obispo County Sheriff's Offices to assist Sheriff Deputies with a subject who had threatened family members with a knife in Nipomo; and WHEREAS, upon arriving at a location in Nipomo, Officer Eggers observed a person matching the description of the subject who was carrying a concealed object wrapped in a shirt; and WHEREAS, the subject took a stance with the concealed object, simulating a shotgun, and pointed the object at Officer Eggers; and WHEREAS, Officer Eggers continually ordered the subject to drop the object and the subject yelled, "shoot me"; and WHEREAS, while Officer Eggers would have been justified in using lethal force against the subject, she displayed restraint and calm and continued to maintain contact with the subject ensuring that she was in a position where, if she were to use lethal force, it would not jeopardize responding Sheriff Deputies, California Highway Patrol Officers, and innocent bystanders; and WHEREAS, the responding law enforcement personnel were subsequently able to take the subject into custody with no significant injuries; and WHEREAS, Officer Eggers actions in this situation displayed a "courageous calm" whereby she was able to facilitate a relatively peaceful resolution to' a situation which otherwise could have resulted in the use of deadly force; and WHEREAS, it is the desire of the City Council to recognize its employees for meritorious conduct. NOW, THEREFORE, BE IT RESOLVED that the City 'Council of the City of Arroyo Grande; upon recommendation of the Chief of Police, hereby awards the Medal of Merit to Police Officer Tammie Eggers this 10" day of January 2006. Tony Ferrara, Mayor Rick TerBorch, Chief of Police Jim Guthrie, Mayor Pro Tern Steven Adams, City Manager Jim Dickens, Council Member Kelly Wetmore, City Clerk Joe Costello, Council Member Ed Arnold, Council Member 8.a. MEMORANDUM TO: CITY COUNCIL ICES )h FROM: ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SE BY: FRANCES R. HEAD, ACCOUNTING SUPERVISO SUBJECT: CASH DISBURSEMENT RATIFICATION DATE: JANUARY 10, 2006 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period December 1 through December 24, 2005. FUNDING: There is $2,099,928.06 fiscal impact. All payments are within the existing budget. DISCUSSION: The attached listing represents the cash disbursements required of normal and usual' operations. It is requested that the City Council approve these payments. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendation; . Do not approve staff's recommendation; . Provide direction to staff. Attachments: Attachment 1 - Cash Disbursement Listing Attachment 2 - November 28, 2005, Accounts Payable Check Register Attachment 3 - December 2, 2005, Accounts Payable Check Register Attachment 4 - December 9, 2005, Accounts Payable Check Register Attachment 5 - December 9, 2005, Payroll Checks & Benefit Register Attachment 6 - December 16, 2005, Accounts Payable Check Register Attachment 7 - December 22, 2005, Accounts Payable Check Register Attachment 8 - December 22, 2005, Payroll Checks & Benefit Register ATTACHMENT 1 CITY OF ARROYO GRANDE CASH DISBURSEMENTS ,?M tie PettiDd 061)~ 1 7~ 1)~ 24, 2005 January 10, 2006 . Presented 'are the cash disbursements issued by the Department of FinanciaLServices for the period December 1 to December 24, 2005. Shown are cash disbursements"by week of occurrence and type of payment FOUR-WEEK TOTAL $ 2,099,928.06 U:\MSWORD\ CITY COUNCIL FORMS\ CASH DISBURSEMENT FORMS\ CASH DISBURSEMENT SCHED wEXCEL WKS.doc CITY OF ARROYO GRANDE INDEX FOR BUDGET DEPARTMENTS EDEN COMPUTER SYSTEM GENERAL FUND (010) Cit1/ Governmellt (Fund 010) 4001- City Council 4002 - Administrative Services 4003 - City Attorney 4101 - City Manager 4102 - Printing/Duplicating 4120 - Financial Services 4121 - Taxes/ Insurance/ Bonds 4130 - Community Development 4131 - Community Building (CDBG) 4140 - Management Information System 4145 - Non Departmental Public Safety (Fund 010) 4201 - Police 4211 - Fire 4212 - Building & Safety Public Works (Fund 010) 4301 - Public Works-Admin & Engineering 4303 - Street/Bridge Maintenance 4304 - Street Lighting 4305 - Automotive Shop Parks & Recreation (Fund 010) 4420 - Parks 4421 - Recreation 4422 - General Recreation 4423 - Pre-School Program 4424 - Recreation-Special Programs 4425 - Children in Motion 4426 - Five Cities Youth Basketball 4430 - Soto Sport Complex 4213 - Government Buildings 4460 - Parkway Maintenance SPECIAL REVENUE FUNDS Park Development Fee Fund (Fund 213) 4550 - Park Development Fee Traffic Signal Fund (Fund 222) 4501 - Traffic Fund Transportation Fund (Fund 225) 4553 - Public Transit System Construction Tax Fund (Fund 230) 4556 - Construction Tax Police Grant Funds 4201 - Law Enforcement Equip. (Fd 272) 4202 - State AB3229 Cops Grant (Fd 271) 4203 - Federal Universal Hiring (Fd 274) 4208 - Federal Local Law Enforcmt (FD 279) Redevelopment Agency ( Fund 284) 4103 - Redevelopment Administration ENTERPRISE FUNDS Sewer Fund (Fund 612) 4610 - Sewer Maintenance Water Fund (Fund 640) 4710 - Water Administration 4711 - Water Production 4712 - Water Distribution Lopez Administration (Fund 641) 4750 - Lopez Administration CAPITAL IMPROVEMENT PROGRAMS (Fund 350) 5501-5599 - Park Projects 5601-5699 - Streets Projects 5701-5799 - Drainage Projects 5801-5899 - Water/Sewer/Street Projects 5901-5999 - Water Projects U,\MSWORD\ CITY COUNCIL FORMS\ CASH DISBURSEMENT FORMS\ CASH DISBURSEMENT SCHED wEXCEL WKS.doc ... - " ::l o E c( ;; '" '" ~ E- Z "" 2: ::e u < E- E- => "" c(c( ww ....J ...J (5'(5 zz SZSZ 0::0:: C(C( a..c..o <<s<<s'" ",,'" zz 66 00 00 ...J ...J CD M 00 '" ~ o M '" o o ci N ... o o ci N ... ~ ~ N ......J .w ~=> OLL I I ww 0::0:: U:U: 0::0:: 00 LLLL II UU mm u:u: , , zz ~OO 0-- ",1-1- "'c(c( "";0::0::: ~I-I- Nenen ...-- . 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FUND 010 FUND 220 FUND 284 FUND 612 FUND 640 I I L 393,601,17 12,861.80 Salaries Full time Salaries Part-Time - PPT Salaries Part-Time - TPT Salaries OverTime Salaries Standby Holiday Pay Sick Pay Annual Leave Buyback Vacation Buyback Sick Leave Buyback Vacation Pay Comp Pay Annual Leave Pay PERS Retirement Social Security PARS Retirement State Disability Ins. Deferred Compensation Health Insurance Dental Insurance Vision Insurance Life Insurance Long Term Disability Uniform Allowance Car Allowance Council Expense Employee Assistance Boot Allowance Motor Pay Bi-Lingual Pay 6,781.06 18,094.61 431,338.64 -~-~~'- 195,859.32 22,909.95 8,859.92 19,238.10 367.14 920.03 6,785.50 18,786.60 (3,641.49) 21,254.26 7,146.88 3,674.40 2,743.15 67,001.14 18,018.58 428.23 754.94 775.00 31,475.26 4,171.44 955.23 723.28 1,126.48 500.00 230.30 75.00 200.00 431,338.64 a.b. MEMORANDUM FROM: CITY COUNCIL ,~ Ii ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SERVICES ftfl FRANCES R. HEAD, ACCOUNTING SUPERVISO TO: BY: SUBJECT: STATEMENT OF INVESTMENT DEPOSITS DATE: JANUARY 10, 2006 Attached please find a report listing the current investment deposits of the City of Arroyo Grande, as of November 30,2005, as required by Government Code Section 53646 (b). CITY OF ARROYO GRANDE MONTHLY INVESTMENT REPORT A~ 01- ~ 30, 2005 January 10, 2006 This report presents the City's investments as of November 30, 2005. It includes all investments managed by the City, the investment institution, type of investment, maturity date, and rate of interest. As of November 30, 2005, the investment portfolio was in compliance with all State laws and the City's investment policy.. Current Investments: The City is currently investing all short-term excess cash in the Local Agency Investment Fund (LAIF) administered by the State Treasurer. This is a very high quality investment in terms of safety, liquidity, and yield. The City may readily transfer the LAIF funds to the City's checking account when funds are needed. At this time, the City does not hold any other investments. The following is a comparison of investments based on book values as of November 30, 2005, compared with the prior month and the prior year. LAIF INVESTMENT CURRENT PRIOR MONTH PRIOR YEAR Date: Amount: Interest Rate: November, 2005 $ 11,408,354 $ 3.64% October, 2005 11,408,354 3.46% November, 2004 $ 11,700,000 2.00% 8.c MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 25, 2005 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. SPECIAL CITY COUNCIL MEETING: Mayor Ferrara called the meeting to order at 5:45 p.m. Council Member Dickens, Council Member Guthrie, Council Member Arnold, Mayor Pro Tern Costello, City Manager Adams, and City Attorney Carmel were present. 2. PUBLIC COMMENT: None. 3. CITY COUNCIL CLOSED SESSION: a. PUBLIC EMPLOYMENT pursuant to Government Code Section 54957: Title: Chief of Police b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Property: Agency Negotiator: Negotiating Party: Under Negotiation: APN: 007-761-032; 1189 Flora Road Steven Adams, City Manager Alton E. Jones Price, Terms and Conditions of Potential Purchase c. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Property: Agency Negotiator: Negotiating Party: Under Negotiation: APN: 006-095-002; Parcel Located on Valley Road Steven Adams, City Manager John Taylor, Trustee, E. & E. Taylor Living Trust Price, Terms and Conditions of Potential Purchase d. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: Agency Negotiator: Negotiating Party: Under Negotiation: APN: 007-192-038; Vacant Lot at 210 Le Point Street Steven Adams, City Manager Dorfman Homes Inc., A CA Corp. Price, Terms and Conditions of Potential Purchase e. CONFERENCE WITH LEGAL COUNSEL - ANTIPICATED LITIGATION: Significant exposure to litigation pursuant to Government Code Section 54956.9(b): one poten" tial case. L MINUTES OF CITY COUNCIL SPECIAL MEETING OCTOBER 25, 2005 PAGE 2 4. ADJOURN TO OPEN SESSION: The special meeting adjourned at 7:00 p.m. to the Regular City Council meeting. Mayor Ferrara announced that there was no reportable action from the closed session and announced that the Council would reconvene to Closed Session following adjournment of the regular meeting. 5. RECONVENE TO CLOSED SESSION: The Council reconvened at 9:05 p.m. to the special closed session meeting to continue discussions on Special Meeting Agenda Items 3.a., b., c., d., and e. 7. ADJOURNMENT: Mayor Ferrara announced that there was no reportable action from the closed session. The meeting was adjourned at 9:38 p.m. Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 8, 2005 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE,CALlFORNIA 1. SPECIAL CITY COUNCIL MEETING: Mayor Ferrara called the meeting to order at 6:45 p.m: Council Member Dickens, Council Member Guthrie, Council Member Arnold, City Manager Adams, and City Attorney Carmel were present. Mayor Pro Tem Costello was absent. 2. PUBLIC COMMENT: None. 3. CITY COUNCIL CLOSED SESSION: a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Seciion 54956.8: Property: APN: 006-085-0223; Lot 23, Northeast Corner of Valley Road and Via Berros Steven Adams, City Manager Habitat for Humanity, Penny Rappa Price, Terms and Conditions of Potential Purchase Agency Negotiator: Negotiating Party: Under Negotiation: 4. ADJOURN TO OPEN SESSION: Mayor Ferrara announced that there was no reportable action from the closed session. 5. ADJOURNMENT: The meeting was adjourned at 7:00 p.m. Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 8, 2005 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m. 2. ROLL CALL City Council: City Staff Present: Council Members Dickens, Guthrie, Arnold, and Mayor Ferrara were present. Mayor Pro Tem Costello was absent. City Manager Adams, City Attorney Carmel, Director of Administrative Services/City Clerk Wetmore, Director of Financial Services Kraetsch, Director of Parks, Recreation & Facilities Hernandez, Director of Community Development Strong, and Director of Public Works/City Engineer Spagnolo, and Associate Planner McClish. 3. FLAG SALUTE Members of Boy Scout Troop 26 led the Flag Salute. 4. INVOCATION Pastor Jerry Nelson, Seventh Day Adventist Church, Arroyo Grande, delivered the invocation. . 5. SPECIAL PRESENTATION 5.a. Proclamation Congratulating the Economic Opportunity Commission on Its 40th Anniversary.' . . Mayor Ferrara presented an Honorary Proclamation congratulating the Economic Opportunity Commission on its 40th Anniversary. Rae Fleming, representing the Economic Opportunity Commission, accepted the Proclamation. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only. Council Member Arnold moved, Council Member Dickens seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further readings be waived. 7. CITIZENS'INPUT. COMMENTS. AND SUGGESTIONS Mike McConville, Arroyo Grande, referred to the increase in traffic on Route 227 specifically with regard to an increase in the noise from truck air brakes. He requested that the City look into the matter. Susan Flores, Arroyo Grande, acknowledged the many services and programs that the Economic Opportunity Commission provides for students and families and stated that the Proclamation presented was well deserved. Randv Soinneman, teacher at Arroyo Grande High School, thanked the City Council for allowing his students to attend Council meetings to learn how City government works. CITY COUNCIL MINUTES NOVEMBER 8, 2005 PAGE 2 8. CONSENT AGENDA At staff's request, Council Member Arnold requested that Item 8.d. be pulled. 8.d. Consideration of the Preparation of a Brisco Road-Halcyon Road/Route 101 Supplemental Project Study Report (PSR) to Apply for Design and Construction Funding and Additional Appropriation to Complete the Supplemental PSR and Project Approval and Environmental Determination (PA&ED) Recommended Action: 1) Authorize the City Manager to execute a contract amendment with Wood Rodgers, Inc. to prepare a Supplemental Project Study Report (PSR) for the Brisco Road-Halcyon Road/Route 101 project in order to apply for design and construction funding; 2) Authorize the City Manager to execute a contract amendment with Wood Rodgers, Inc. for additional items required to complete the Project Approval & Environmental Document (PA&ED) phase of project development; and 3) Allocate an additional appropriation of $139,250 from the Transportation Facility Impact Fund. Director of Public Works Spagnolo presented an update on the status of the Brisco Road- Halcyon Road/Route 101 Interchange project, including an overview of project components and alternatives. He reported that SLOCOG was recommending that the auxiliary lane portion of the project proceed separately, and he highlighted funding issues and strategies associated with separating out this component. He stated that based on SLOCOG's recommendation, staff was revising its recommendation to request that the Council authorize the City Manager to execute a contract amendment to complete the PA&ED, and allocate $88,000 from the Transportation Facility Impact Fund. Following Council comments, questions, and discussion regarding the status and funding of the interchange improvement project, staff was directed to schedule on a future agenda a full update on the status of the Brisco Road-Halcyon Road/Route 101 Interchange project. Council Member Guthrie moved to authorize the City Manager to move forward with separating out the auxiliary lanes portion of the project from the PA&ED; execute a contract amendment with Wood Rodgers, Inc. to prepare a Supplemental Project Study Report (PSR) for the Brisco Road-Halcyon Road/Route101 project in order to apply for design and construction funding; and allocate an additional appropriation of $88,000 from the Transportation Facility Impact Fund. Council Member Dickens asked if the motion could be amended to include directing staff to come back at a future date with a full presentation in order to update the Council and the public about the status of this project. Council Member Guthrie agreed to expand the motion. Council Member Dickens seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Guthrie, Dickens, Arnold, Ferrara None Costello Council Member Dickens moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.c., with the recommended courses of action. The motion passed on the following roll-call vote: ' AYES: NOES: ABSENT: Dickens, Guthrie, Arnold, Ferrara None Costello CITY COUNCIL MINUTES NOVEMBER 8, 2005 PAGE 3 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period October 16, 2005 through October 31, 2005. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council meeting of September 27, 2005 as submitted. 8.c. Consideration of Acceptance of the. East Grand Avenue Enhancements at Courtland Street Project, PW 2005-06. Action: 1) Accepted the project improvements, as constructed by Curt Bailey Masonry, Inc. in accordance with the plans and specifications for the East Grand Avenue Enhancement Project, PW 2005-06; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the retention thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 9. PUBLIC HEARINGS 9.a. Continued Public Hearing - Consideration of a Proposed Ordinance Amending Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code Regarding the Community Tree Program. Director of Parks, Recreation and Facilities Hernandez presented the staff report and recommended the Council introduce an Ordinance amending Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code Regarding the Community Tree Program. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. Mike McConville, Arroyo Grande, asked for clarification about whether the ordinance affected residential districts. Staff responded that the ordinance includes regulation of oak trees and street trees in residential areas. Steve Ross, Arroyo Grande, stated he had spoken to members of the community about the ordinance who favored the protection of trees; however, most people opposed any regulations concerning trees in private backyards. He also received comments about trees in existing streetscapes that are negatively impacting sidewalks and inquired whether the ordinance addresses this issue. Hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Arnold stated he had looked at trees around the City and felt that a 12" diameter was appropriate for regulation purposes. He expressed some concern with trees that may have multiple trunks. He supported the language proposed relating to a permit exemption for trees constituting an imminent fire hazard. He stated he did not think the ordinance was too restrictive and supported it as proposed. . In response to the language regarding the definition of "imminent fire safety hazard", Council Member Guthrie noted that a determination would have to be made by the Fire Chief whether a tree falls into the 100-foot fire zone before a permit exemption is granted. He noted that while people may be uncomfortable with regulation of trees in backyards, the proposed ordinance provides a discretionary process for the removal of trees. He supported the proposed ordinance and noted that the General Plan states that oak trees will be protected. CITY COUNCIL MINUTES NOVEMBER 8, 2005 PAGE 4 Council Member Dickens stated it was important to look at what the City is trying to achieve and noted that the Community Tree Ordinance was outdated and some provisions needed to be clarified and strengthened. He acknowledged that some of the definitions have been clarified and expanded. He expressed concern about regulating trees on private property and noted that unintended consequences may result with the adoption of the ordinance as proposed. He stated he could not support the definition of "regulated trees" which includes regulation of oak trees in single-family residential areas; therefore, he could not support the ordinance as proposed. Mayor Ferrara referred to the size of regulated trees and inquired whether a site inspection was part of the tree removal process. Staff confirmed that a site inspection would be included and an appeals process in place. Mayor Ferrara supported the proposed ordinance as written and suggested that the ordinance be put into effect and then the Council review it in one year to see how it has been implemented; have there been unanticipated issues; what has been the public's experience; and has the City had many appeals. He emphasized the creation of an internal policy for notifying the Tree Guild of Arroyo Grande so they have a voice in the process. Council Member Arnold suggested directing staff to notify all landscapers and tree trimming companies of the new ordinance. Council Member Arnold moved to introduce an Ordinance as follows: "An Ordinance of the City Council of the City of Arroyo Grande Amending Chapter 12.16 otTltle 12 of the Arroyo Grande Municipal Code Regarding the Community Tree Program", and direct staff to notify all landscape and tree trimming companies that have business licenses in the City, as well as those in the telephone book, of the new ordinance. Further, it was moved to bring the ordinance back in one year for a status report. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Guthrie, Ferrara Dickens Costello 9.b. Consideration of a Resolution Ordering Formation of the Parkslde Village. Assessment District, Confirming Assessments, District Diagram and the Levying Assessments. City Attorney Carmel presented the staff report and recommended the Council adopt a Resolution approving the formation of the Parkside Village Assessment District, confirming assessments, assessment district diagram and the levying of assessments upon benefiting property. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. No public comments were received and Mayor Ferrara closed the public hearing. Council Member Dickens moved to adopt a Resolution as follows: "A Resolution of the City Council of the City of Arroyo Grande Ordering the Formation of the Parkslde Village Assessment District, Confirming Assessments, Assessment District Diagram and Approving the levying of Assessments". Council Member Arnold seconded, and the motion . passed on the following roll-call vote: CITY COUNCIL MINUTES NOVEMBER 8, 2005 PAGE 5 AYES: NOES: ABSENT: Dickens, Arnold, Guthrie, Ferrara None Costello 9.c. Consideration of an Interim Urgency Ordinance Extending the Suspension of Acceptance and Processing of New Applications for Development of any Portion of Property Immediately Adjacent To Arroyo Grande Creek, Tally Ho Creek, Meadow Creek Or Creek Tributaries Within The City Of Arroyo Grande. Associate Planner McClish presented the staff report and recommended the Council adopt an Interim Urgency Ordinance to extend the suspension of acceptance and processing new applications for development of any portion of property immediately adjacent to Arroyo Grande Creek, Tally Ho Creek, Meadow Creek or creek tributaries within the City of Arroyo Grande. Mayor Ferrara informed the Council that the Zone 1/1A Taskforce and Advisory Committee gave a status report to the County Board of Supervisors today, which included measures on how the City of Arroyo Grande and the County will address and manage the upper watershed. He noted that he gave copies of this staff report to members of the Board. Council questions and discussion ensued with regard to how long the ordinance would be extended; the timeline for the proposed work plan; and how future development projects are affected by the interim urgency ordinance. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Steve Ross, Arroyo Grande, expressed confusion and stated he thought the City was prohibiting development of any properties that bordered the creeks or their tributaries within the City limits. Director Strong clarified that the urgency ordinance exempts projects in progress which were filed and in process prior to the adoption of the urgency ordinance, including, but not limited to Tract 01-001 (Tract 1998), the Cherry Creek development project, the Fair Oaks development near Arroyo Grande Hospital, and a project on Whiteley Street. He stated that the ordinance exempts projects that would not alter the proximity to the creek; so a project that has no disturbance or development within 25 feet of the riparian vegetarian or top of bank that extends into creek areas could be considered. He clarified that this ordinance pertains to applications for new developments. Hearing no further public comments, Mayor Ferrara closed the public comment period. Mayor Ferrara referred to the proposed work plan and suggested integrating that City staff will actively coordinate and continue to work with the County of San Luis Obispo as it relates to the creek systems, including the critical issue of limiting downstream sedimentation. Following Council comments in support of the interim urgency ordinance in order to provide consistency throughout the City's General Plan land use and conservation policies, Council Member Guthrie moved to adopt an interim urgency ordinance as follows: "An Interim Urgency Ordinance of the City Council of the City of Arroyo Grande To Extend the Suspension of Acceptance and Processing of Applications for Development of any Portion of Property Immediately Adjacent to Arroyo Grande Creek, Tally Ho Creek, Meadow Creek or Creek CITY COUNCIL MINUTES NOVEMBER 8, 2005 PAGE 6 Tributaries Within the City of Arroyo Grande". Council Member Arnold seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Guthrie, Arnold, Dickens, Ferrara None Costello 9.d. Consideration of Proposed Ordinance Amending Title 13 (Public Works) of the Arroyo Grande Municipal Code Relating to Water and Sewer Service Provisions. Director of Public Works Spagnolo presented the staff report and recommended the Council introduce an Ordinance amending Title 13 (Public Works) of the City of Arroyo Grande Municipal Code repealing, amending, and adding provisions relating to water and sewer service to provide internal consistency with current City policy, procedures, and practices. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter, and upon hearing no public comments, he closed the public comment period. Council Member Dickens moved to introduce an Ordinance as follows: "An Ordinance of the City Council of the City of Arroyo Grande Amending Title 13 (Public Works) Relating to Water and Sewer Service Provisions". Council Member Arnold seconded, and the motion passed on the following. roll-call vote: AYES: NOES: ABSENT: . Dickens, Arnold, Guthrie, Ferrara None Costello 10. CONTINUED BUSINESS None. 11. NEW BUSINESS None. 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Mayor Ferrara reported that he and Council Members Guthrie and Arnold attended a Project 2050 meeting held at Grace Bible Church last Saturday. 15. STAFF COMMUNICATIONS City Manager Adams recognized City Clerk Wetmore for her efforts on putting the City Council Agenda reports on the City's website for public access. 16. COMMUNITY COMMENTS AND SUGGESTIONS . None. CITY COUNCIL MINUTES NOVEMBER 8, 2005 PAGE 7 17. ADJOURNMENT There being no further business to come before the City Council, Mayor Ferrara adjourned the meeting at 8:44 p.m. . Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk (Approved at CC Mtg ) B.d. MEMORANDUM FROM: CITY COUNCIL ~ Ai ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SERVICES.f(f-, TO: SUBJECT: , CONSIDERATION OF ANNUAL ADJUSTMENT OF SEWER CONNECTION FEES BASED ON CHANGES IN THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX DATE: JANUARY 10, 2006 RECOMMENDATION: It is recommended the City Council adopt the attached Resolution approving the annual adjustment to the sewer connection fees based on changes in the Engineering News Record (ENR) Construction Cost Index (CCI). FUNDING: An increase of approximately $3,500 can be expected in the Sewer Facility Fund. DISCUSSION: Ordinance 528 C.S. established that for each connection of a building sewer to a public sewer, a connection fee will be charged and that the amount of the fee shall be set by resolution. Resolution No. 3567 set sewer connection fees and requires that the sewer connection fee be adjusted each January 1 in accordance with the percentage increase based on changes in the annual average Engineering News Record Construction Cost Index. The calculation shown below provides documentation that a 4.65% increase in the ENR warrants an adjustment in the sewer connection fee. Overall Index ENR Annual Average for 2005 ENR Annual Average for 2004 Change 7446 7115 331 Percent Increase 331/7115 = 4.65% I . Attached to this report is a Resolution to adjust these fees and Exhibit A that provides a listing of the proposed updated sewer connection fees. This listing shows the service CITY COUNCIL SEWER CONNECTION FEE ADJUSTMENT JANUARY 10, 2006 PAGE 2 provided by the City, the current fee charged for that service, the CCI, and the recommended adjusted fee. ALTERNATIVES: The following alternatives are provided for City Council consideration: . Adopt the Resolution adjusting sewer connection fees; . Do not adopt the Resolution and postpone adjustment until July 2006; . Modify staff recommendation; . Provide direction to staff. RESOLUTION NO._ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADJUSTING SEWER CONNECTION FEES BY THE CHANGE IN THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX WHEREAS, the City Council adopted Ordinance 528 C.S. amending provisions of the Municipal Code regarding sewer connection fees; and WHEREAS, the City Council may by resolution establish the amount of the sewer connection fees pursuant to the above referenced Ordinance; WHEREAS, Resolution 3567 requires an annual adjustment in the sewer connection fee based on the increase of the annual average Engineering News Record Construction Cost Index. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts the fees set forth in Exhibit "A" attached hereto and incorporated herein by this reference as though set forth in full. This Resolution shall take effect sixty (60) days after its adoption. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this of . ,2006. day RESOLUTION NO. PAGE 2 TONY M. FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY EXHIBIT A SEWER CONNECTION FEES For each connection of a building sewer to a public sewer, a connection fee shall be collected by the City before the permit for the connection work is issued. The amount of the fee collected is as follows Connection fee 2002 2003 2004 2005 2006 ENR Index 6221 6538 6694 7115 7446 Residential - per dwelling unit Single Family $ 728 $ 765 $ 783 $ 833 $ 871 Multifamily (a) 539 566 580 616 645 Trailer Park/Mobile Home 597 627 642 683 715 Non-Residential - per water meter size (b) 5/8 inch $ 728 $ 765 $ 783 $ 833 $ 871 3/4 inch 1,090 1,146 1,173 1,247 1,305 1 inch 1,820 1,913 1,958 2,082 2,178 1 1/2 inch 3,640 3,825 3,917 4,163 4,357 2 inch 5,824 6,121 6,267 6,661 6,971 3 inch 10,920 11,476 11,750 12,489 13,070 4 inch 18,200 19,127 19,584 20,815 21,784 6 inch 36,400 38,255 39,168 41,631 43,568 8 inch 72,800 76,510 78,335 83,262 87,135 10 inch 109,200 114,764 117,503 124,893 130,703 12 inch 160,160 168,321 172,337 183,176 191,698 (a) Multifamily includes duplex, triplex, apartments, and condominiums (b) For meter sizes larger than shown, connection fee determined based on the ratio of the maximum safe operating capacity of the meter to that of a 5/8 inch meter. The connection fees shall be increased each January 1 with the annual percentage increase of the annual average ENR Construction Cost Index as established in the Engineering News Record publication. Adjustment Formula: Adjusted Fee = (Current Fee) x (Current Year ENR index) / (Prior Year ENR index) 8.e. MEMORANDUM DATE: . CITY COUNCIL/REDEVELOPMENT AGENCY BOARD OF DIRE~I~RS ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SERVICES f1f\ CONSIDERATION OF ADJUSTMENT TO DECREASE THE MILEAGE REIMBURSEMENT RATE FOR EMPLOYEES AND VOLUNTEERS JANUARY 10, 2006 TO: FROM: SUBJECT: RECOMMENDATION: It is recommended the City Council/Agency establish 44.5i per mile as the employee/volunteer mileage reimbursement rate for the 2006 calendar year. FUNDING: A minor fiscal impact will occur by decreasing the reimbursement rate from 48.5i to 44.5i per mile. DISCUSSION: The City's Administrative Policy No. A-011, Mileage Reimbursement for Private Vehicles, states that authorized expenses shall be reimbursed at. the per-mile reimbursement rate established by the City Council. Staff is proposing that the Council/Board establish the mileage rate at 44.5i per mile for FY 2006. Mileage is currently being reimbursed, in most cases, at 48.5i per mile in accordance with City Council action on September 27,2005. The City has historically based the rate upon the rate set by the Internal Revenue Service (IRS). In September of 2005 the IRS temporarily increased the mileage reimbursement rate from 40.5i to 48.5i to reflect the substantial increase in gasoline prices due to Hurricane Katrina. In December of 2005, the IRS released the 2006 mileage reimbursement rate of 44.5i that reflects the decrease in gas prices. The new rate became effective January 1, 2006. The change to 44.5i, from 48.5i, will bring the City into compliance with the IRS rate. ALTERNATIVES: The alternatives available to the City Council/RDA Board are as follows: 1. Establish the mileage reimbursement rate for employees at 44.5i per mile for the 2006 calendar year. 2. Establish the rate at a cost figure established by the City Council. 3. Retain current reimbursement rate. 4. Provide direction to staff. 8.f. MEMORANDUM TO: CITY COUNCIL FROM: TERRY FIBICH, DIRECTOR OF BUILDING AND FIRE Q) SUBJECT: CONSIDERATION OF A . RESOLUTION ESTABLISHING THE ARCHITECTURAL REVIEW COMMITTEE (ARC) AS THE INTERIM BUILDING CODE BOARD OF APPEALS DATE: JANUARY 10, 2006 RECOMMENDATION: It is recommended that the Council adopt the attached Resolution establishing the Architectural Review Committee as the Interim Building Code Board of Appeals. FUNDING: There is no fiscal impact. DISCUSSION: The California Building Code (2001 edition) provides for the creation of a Board of Appeals in order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of the California Building Code. The Board of Appeals should consist of members who are qualified by experience and training to pass on matters pertaining to building construction. The Board of Appeals is appointed by the Council and serves at its pleasure. Staff is in the process of preparing the necessary documentation to create a permanent Board of Appeals. However, in order to address a pending appeal of the Building official's interpretive decision regarding a pending project, staff recommends that the Council appoint the Architectural Review Committee as the interim Board of Appeals, based on their qualifications and experience relative to building construction. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendation and adopt the resolution; - Do not approve staff's recommendation; - Modify as appropriate and approve staff's recommendation; or - Provide direction to staff. RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING THE ARCHITECTURAL REVIEW COMMITTEE (ARC) AS THE INTERIM BUILDING CODE BOARD OF APPEALS WHEREAS, the City of Arroyo Grande has received a formal request to appeal an interpretive decision of the California Building Code made by the City's Chief Building Official; and WHEREAS, California Building Code Section 105 enables the creation of a Board of Appeals by appointment of the City Council in order to hear and decide appeals of orders, decisions or determinations made by the local building official relative to the application and interpretation of the California Building Code; and WHEREAS, the City of Arroyo Grande is in the process of preparing necessary documentation to create a permanent Building Code Board of Appeals; and WHEREAS, the Arroyo Grande City Council has determined that the City's Architectural Review Committee ("ARC") may serve as an interim Building Code Board of Appeals until a permanent Board of Appeals is established, based on the ARC members' qualifications and experience in the field of building construction. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arroyo Grande as follows: 1. City's Architecture Review Committee is hereby designated and duly appointed as the City's interim Board of Appeals ("Interim Board of Appeals") to hear and decide appeals of orders, decisions or determinations made by the City's Building Official relative to the application and interpretation of the California Building Code, until a permanent Building Code Board of Appeals is established. 2. The Director of Building and Fire, shall ensure that the Interim Board of Appeals . abides by all applicable rules, guidelines and regulations as set forth in the California Building Code. 3. The City's Building Official shall be an ex officio member of and act as secretary to the Interim Board of Appeals, but shall have no vote on any matter before the Board. RESOLUTION NO. PAGE 2 On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: . the foregoing Resolution was passed and adopted this _ day of January, 2006. RESOLUTION NO. PAGE 3 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY 8_g_ MEMORANDUM TO: CITY COUNCIL FROM: f,"ri~ TERRY FIBICH, DIRECTOR OF BUILDING AND FIRE \cd" SUBJECT: CONSIDERATION OF DESIGNATION OF APPLICANT'S AGENTS (OES/FEMA MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN) DATE: JANUARY 10, 2006 RECOMMENDATION: It is recommended the City Council adopt the attached Resolution designating the City Manager, Financial Services Director, and Director of Building and Fire as the City's agents for the purpose of requesting reimbursement for the development of a Multi- Jurisdictional Local Hazard Mitigation Plan through the Governor's Office of Emergency Services (OES). FUNDING: The City is a sub-grantee of the Governor's Office of Emergency Services (OES) and the Federal Emergency Management Agency (FEMA) in an amount not to exceed $51,281. DISCUSSION: The City will be seeking reimbursement for funds expended for the purpose of developing the Multi-Jurisdictional Local Hazard Mitigation Plan. As part of the grant, the City is required to adopt a resolution designating specific personnel as representatives to process reimbursement requests. ' ALTERNATIVES: ", The following alternatives are provided for the Council's consideration: - Approve staff's recommendation and adopt the resolution; - Do not approve staff's recommendation; - Modify as appropriate and approve staff's recommendation; or - Provide direction to staff. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING DESIGNATION OF APPLICANT'S AGENTS (OES/FEMA MULTI. JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande: 1. That Steve Adams, City Manager, or Angela Kraetsch, Financial Services Director, or Terry Fibich, Director of Building and Fire, are hereby authorized to execute for and in behalf of the City of Arroyo Grande, a public entity established under the laws of the State of California, an application and to file it in the Office of Emergency Services for the purpose of obtaining certain federal financial assistance under P.L. 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the Natural Disaster Assistance Act. 2. That the City of Arroyo Grande. a pubiic entity established under the laws of the State of California, hereby authorizes its agent(s) to provide to the State Office of Emergency Services for all matters pertaining to such state disaster. On motion by Council Member . seconded by Council Member and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this _ day of ,2006. RESOLUTION NO. PAGE 2 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY a.h. MEMORANDUM TO: CITY COUNCIL FROM: DON. SPAGNOLO, DIRECTOR OF PUBLlCWORKS/CITY ENGINEER k SUBJECT: CONSIDERATION OF AN AWARD OF CONTRACT TO FLOYD V. WELLS, INC. TO CONSTRUCT PHASE I OF THE WELL NO.10 PROJECT PW 2004-07 DATE: JANUARY 10, 2006 RECOMMENDATION: It is recommended the Council: A. award a contract for the construction of Phase I of the Well NO.1 0 Project, PW 2004-07 to Floyd V. Wells, Inc. in the amount of $175,160.00; B. authorize the City Manager to approve change orders notto exceed the contingency of $17,516.00 for use only if needed for unanticipated costs during the construction phase of the project (total construction costs = $175,160.00+ $17,516.00 = $192,676.00). . _...~--- FUNDING: . The FY 2005/06 Capital Improvement Program budget includes $489,400 for Phases I and II of the Well No.1 0 Project. The developer of the Village Glen Tract contributed $218,000 for the construction of the well and recorded an irrevocable offer of dedication for a municipal well site easement on Deer Trail Circle. The remainder of the funding will be' from the Water Facilities Fund. The projected estimate for the total costforboth phases of the project is $765,500.00. DISCUSSION: OnJune 14, 2005, the City Council directed staff to solicit bids for the Well NO.1 0, Phase I Project. The City Council previously rejected public bids at their July 26,2005 and October 25, 2005 meetings as the only bidder substantially exceeded the Engineer's Estimate both times. The City Council directed staff to perform additional research to determine whether there were potential design changes that could result in cost savings to the project. Staff reviewed the design elements, revised the plans and specifications accordingly, and re- advertised the project to solicit new construction bids. CONSIDERATION OF AN AWARD OF CONTRACT TO FLOYD V. WELLS, INC. FOR CONSTRUCTION OF PHASE I OF THE WATER WELL NO. 10 PROJECT, PW 2004-07 JANUARY 10, 2006 . PAGE 2 On December ,6, 2005, three bids were publicly opened for Phase I of the project. The lowest responsible. bidder, Floyd V. Wells, Inc., submitted a bid of $175,160.00. The bid has been verified and found to be in compliance with the contract specifications. The well site is located on property at the southwest corner of the Deer Trail Circle and Equestrian Way. The project scope of work is as follows: Phase I - Test Well Construction Drilling and development of the well. Garing, Taylor & Associates will perform testing of the actual production capacity of the well and the water quality to perform the design of Phase II. Phase II - Site Work, Pump & Pipeline Installation Construction of the permanent pump and associated waterline piping, the required treatment facility, the building enclosure, and the permanent connection into the City's water system. The contract time for the Phase I project is specified at 120 calendar days. Construction is expected to begin in February 2006 and be complete by the end of May 2006. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendations; . Do not approve staff's recommendations; . Modify as appropriate and approve staff's recommendations; or . Provide direction to staff. Attachment: 1. Bid Opening Log Sheet S:\PUBLlC WORKS ENGINEER.ING SHARED ITEMS\Capital Projects\2005\Well No 10\Council\Award Contract\Council Memo- Award.doc BID OPENING LOG SHEET CITY OF ARROYO GRANDE BID OPENING: December 6, 2005; 2:00 p.m. Well No. 10, Phase I Engineer's Estimate: $192,000.00 BIDDER'S NAME. CITY BASE BID ALT. TOTAL BID Maggiora Bros. Drilling Inc. $297,250.00 $30,000.00 $327,250.00 Watsonville, CA Floyd V. Wells, Inc. $175,560.00 $0 $175,560.00 Santa Maria, CA Barbour Well Surveying Corp. $260,790.00 $0 $260,790.00 Camarillo, CA J'f1..lu, . >J<l:fl1/~ Kelly We mor~ v Director of AJi'ministrative Services/City Clerk c: Director of Public Works City Manager 8.i. MEMORANDUM TO: FROM: CITY COUNCIL DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER t1~ CONSIDERATION OF AN AWARD OF CONTRACT TO LEE WILSON ELECTRIC COMPANY INC. FOR CONSTRUCTION OF THE CAMINO MERCADO / WEST BRANCH STREETTRAFFIC SIGNAL PROJECT, PW 2005-05 SUBJECT: JANUARY 10, 2006 RECOMMENDATION: It is recommended the Council: DATE: A. award a contract for the construction fortheCamino Mercado / West Branch Traffic Signal Project, PW 2005-05 to Lee Wilson Electric Company Inc. in the amountof $313,369.00; B. authorize the City Manager to approve change orders not to exceed the contingency of $31,337.00 for use only if needed for unanticipated costs during the construction phase of the project (total construction costs = $313,369.00 + $31,337.00 = $344,706.00); and C. transfer $212,000.00 from the Traffic Signalization Fee Fund. FUNDING: The Capital Improvement Project (CIP) allocated $175,060 for this project. However, this amount did not account for the road widening, PG&E service charge, additional design expenses or recent increase in construction costs. The total project cost based on the construction bid, design invoices and the PG&E service charge is $387,000. This is $212,000.00 more than the $175,000.00 currently allocated to the project in the Capital Improvement Program. Therefore, a transfer of $212,000.00 from the-Traffic Signalization Fee Fund is requested to 'fund the difference between the total cost projection and the current amount budgeted for the project. DISCUSSION:, On September 27, 2005, the City Council directed staff to solicit bids for the Camino Mercado / West Branch Traffic Signal Project. On December 13, 2005, one bid was received from Lee Wilson Electric Company Inc. in the amount of $313,369.00. The bid has been verified and found to be in compliance'with the contract specifications. u CONSIDERATION OF AN AWARD OF CONTRACT TO LEE WILSON ELECTRIC COMPANY INC. FOR CONSTRUCTION OF THE CAMINO MERCADO {WEST BRANCH STREET TRAFFIC SIGNAL PROJECT, PW 2005-05 JANUARY 10, 2006 PAGE 2 The project scope of work includes the installation of new conduit, conductors, poles and signal arms, controller and traffic heads to provide a complete and operable traffic signal in accordance with Caltrans requirements. A right-turn lane will also .be constructed on southbound West Branch within the available right-of-way to provide additional vehicle capacity to US 101 North. The contract time for this project is specified at 150 calendar days. Following issuance of the Notice to Proceed, the first sixteen weeks will involve procurement of the signaling equipment and materials. The lane construction is anticipated to begin in early March 2006 with the traffic signal hardware' installations following in May 2006. Project completion is anticipated by July 2006. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendations; . . Do not approve staffs recommendations; . Modify as appropriate and approve staff's recommendations; or . Provide direction to staff. Attachment: 1. Bid Opening Log Sheet S:IPUBLlC WORKS ENGINEERING SHARED ITEMSICapital Projectsl20051Camino Mercado - W Branch Traffic SignallCouncillContract AwardlCouncil Memo - Contract Award - Lee Wilson.doc BID OPENING LOG SHEET CITY OF ARROYO GRANDE BID OPENING: December 13, 2005; 2:00 p.m. Camino Mercado/West Branch Street Traffic Signal Project Engineer's Estimate: $210,000.00 BIDDER'S NAME. CITY TOTAL BID Lee Wilson Electric Co. $313.314.00 inistrative Services/City Clerk c: Director of Public Works City Manager 8..1. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEE~ SUBJECT: CONSIDERATION OF ACCEPTANCE OF THE THEIS/KEISLER TENNIS COURT ADDITION PROJECT, PW 2004-02 DATE: JANUARY 10, 2006 RECOMMENDATION: It is recommended the City Council: A. accept the project improvements, as constructed by Malibu-Pacific Tennis Courts, Inc., in accordance with the plans and specifications for the Theis/Keisler Tennis Court Addition Project; B. direct staff to file a Notice of Completion; and, C. authorize release of the retention of $22,140.10 thirty-five (35) days after the Notice of Completion has been recorded if no liens have been filed. FUNDING: On May 10, 2005, the City Council awarded the Theis/Keisler Tennis Court Addition Project to Malibu-Pacific Tennis Courts, Inc. in the amount of $204,999.00. The total . construction budget for the project was $230,553.00, which included $20,500 for construction cost contingencies. The final adjusted project costs; including design, construction and testing; is $226,284.87, resulting in a savings of $4,268.13. DISCUSSION: Malibu-Pacific Tennis Courts, Inc. has completed all items of work on the Theis/Keisler Tennis Court Addition Project in accordance with the plans and specifications. The scope of work for the project involves the construction of an additional tennis court at the Soto Sports Complex. Additional project items include reconstruction of the existing slope and grade of the concrete pathways, replacing drinking fountains and benches, and creating a ramp to the tennis courts from the parking lot for people with disabilities. S:IPUBLIC WORKS ENGINEERING SHARED ITEMS\Capital Projects\2005\Tennis Court Addition\CouncillProject Acceptance\Council Memo - Project Acceptance.doc CITY COUNCIL CONSIDERATION OF ACCEPTANCE OF THE THEIS/KEISLER TENNIS COURT ADDITION PROJECT, PW 2004-02 JANUARY 10, 2006 . PAGE 2 Staff is recommending the Council accept the improvements as constructed, authorize staff to file a Notice of Completion, and release the remaining portion of the 10% retention ($22,140.10) to Malibu-Pacific Tennis Courts, Inc. thirty-five (35) days after the Notice of Completion has been recorded if no liens are filed. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staffs recommendations; . Do not approve staffs recommendations; . Modify as appropriate and approve staff's recommendations; or . Provide direction to staff. Attachment: 1. Notice of Completion S:IPUBLIC WORKS ENGINEERING SHARED ITEMSICapital Projects\20051Tennis Court Addition\Council\Project Acceptance\Council Memo - Project Acceptance.doc RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: ATTACHMENT 1 CITY CLERK CITY OF ARROYO GRANDE P.O. BOX 550 ARROYO GRANDE, CA 93421 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is owner or agent of owner of the interest or estate stated below the property hereinafter describe. 2. The FULL NAME of the OWNER is: The Citv of Arrovo Grande 3. The FULL ADDRESS of the OWNER is: 2/4 East Branch Street. Arrovo Grande California 93420 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: in fee 5. THE FULL NAME and FULL ADDRESS of ALL PERSONS, if any, who hold such interest or estate with the ulldersi"glled as JOINT TENANTS or as TENANTS IN COMMON are: NAMES ADDRESSES None 6. THE FULL NAMES and FULL ADDRESSES of the PREDECESSOR'S in interest of the undersigned if the property was transferred subsequent to the connnencement.ofthe work of improvements herein referred to: NAMES ADDRESSES None 7. All work of improvement on the property hereinafter described was COMPLETED December /3 2005 8. The NAME OF THE ORIGINAL CONTRACTOR, ifany, for such work of improvement is: Malibu-Pacific Tennis Courts. Inc.. 9. The street address of said property is: Soto Soorls Comolex 10. The property on which said work of improvement was completed is in the City of Arroyo Grande, County of San Luis Obispo, State of California, and is described as follows: Theis/Keisler Tennis Court Addition Proiecl. PW 2004-02 Verification of NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury. under the laws ofthe Slate of California that I am the Public Warks Director of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and the facts stated therein are true and correct. . Don Spagnolo, PE; Director of Public Works/City Engineer January 10, 2006, Arroyo Grande, California -- END OF DOCUMENT -- 8.k. MEMORANDUM DATE: JANUARY 10, 2006 RECOMMENDATION: It is recommended the City Council accept the public improvements for Tract 2328 - Stonecrest as constructed by S & S Homes of the Central Coast. FUNDING: There is no fiscal impact at this time. Maintenance of these facilities will be funded from Public Works maintenance funds in future years. . DISCUSSION: On July 8, 2003 the City Council approved the final map for Tract 2328 located at the southeast corner of EI Camino Real and Hillcrest Drive. The City Council also accepted all offers of dedication with approval of the final map, which recorded on August 1, 2003. The applicant provided the appropriate improvement securities, including the 10% warranty security, prior to recordation of the final map. . The securities for faithful performance, labor and materials, and monumentation will be released upon acceptance of the improvements. The warranty security will be released after one year provided the improvements are still in satisfactory condition. The applicant was conditioned to perform the following improvements: 1. install water mains on and off7site, 2. install sewer mains on and off-site, 3. install storm drainage on and off-site, 4. underground on-site and certain perimeter overhead public utilities, 5. construct an internal street, 6. construct a driveway extension to the adjacent property to the south, 7. construct a secondary emergency access, 8. widen EI Camino Real, and 9. install curb, gutter and sidewalk along the EI Camino Real frontage. CITY COUNCIL CONSIDERATION OF ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 2328 - STONECREST . S&S HOMES OF THE CENTRAL COAST . JANUARY 10, 2006 PAGE 2 The on-site storm drainage system, internal street, driveway extension to the adjacent property, and secondary emergency access will be maintained by the homeowner's association. The City will accept ownership of the water mains, sewer mains, off-site storm drainage and the frontage improvements to EI Camino Real. Staff has inspected the improvements and recommends the City Council accept .the improvements as constructed. ALTERNATIVES: . The following alternatives are provided for the Council's consideration: . Approve staff's recommendation; . Do not approve staff's recommendation; . Modify as appropriate and approve staff's recommendation; or . Provide direction to staff. Attachment: Exhibit 1 - Vicinity Map of Tract 2328 Council Memo - Acceptance of Improvements - Tract 2328.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING CERTAIN IMPROVEMENTS WITHIN TRACT 2328 WHEREAS, the City' Council approved Final Tract Map 2328 located at the southeast corner of EI Camino Real and Hillcrest Drive on July 8, 2003; WHEREAS, the City Council accepted the following offers of dedication with approval of the final map: 1. Right of Way for Hillcrest Drive, 2. Public Water, . 3. Public Sewer, 4. Emergency Access. WHEREAS, the developer has constructed the improvements required by the conditions of approval for Tract 2328; and, WHEREAS, the developer has provided the 10% warranty security as required by the conditions of approval, to be released at the conclusion of the onecyear warranty period, . provided the improvements are still in satisfactory condition. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby accept the public improvements constructed for Tract 2328. On motion of Council Member and by the following roll call vote, to wit: , seconded by Council Member AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 2006. RESOLUTION NO. PAGE 2 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: ~ ',./ TIMOTHY J. CARMEL, CITY ATTORNEY cr' J d" "ll)~ I t ...-....., ; 1~ ! ~ ;,..."",,~ =jJ J o ~u: .'. .~' i ijl f · ~ \II1d~I$pcll(llIal,f ~ ...... ::!...!'ilJ if(t ~ ,ii .. "1i <<= ~. iU :1 .. -'!1 i . ~9 I ',.1 mi~ j~ ~ n t ~ j ~ U t ~!H C '<l ~j" ~ '- ~.. i: a · ~ ! .:Ii: If .. Ol' 8! 0 I I- ,,', I ~ : \ ' ~ :: / I .. i\ol liUi I'll~ . !!lnld~~i /~/j l~lln I ~Il t [:{1'.. I , i ~~.I I r.>'~. \, I J.NV:)VA~,d ~el~1 I ',,, ...__. ...... 'il. ; ",'c':""':;--' .1111111111111111111"1111' ( It I '"II.II!III'"IIII.,II"' I / 1f....~.J..,c.u /nUIl!.; I. llll,t\'~ I,lIlIJrl-ii~ t'lI " fi,,~,!,n~I:~,..i~.!,ti~.~.ltl~. q ~~l!I!!I, ) .,/ // .,/ ///"1 //~. r .. , 11_IIHi~II"j'lUi'~rll;IlI'.I: '. ,6'111!J'l/~ hUmilrlfihMili)JJn- i .Y. ~ 11' /~ I Ui1lJ''''!,I..t1IlJIII,I'li 11 . ~,l,t '/', ..... .....-. /...... .'1 :./.. .'~.......'.." .........,.......... . /t!;o ~..../.?</,/ ... / ... ~. '. /?j~~~,. / ,./,/ ".f/_?i--'-,~ irt. . i'l, ,/ ; y .. '., !' iil' f :: t .' ~r. I ! ,~i'~! .. ~ "" ..c .s:: x UJ " -7-l)i:\! ;' i .. .." j' , . 1'<- Ii" ! .' ::"'1' , .. ..., .. ~/ ~ ,.' i it.:: " !!! 2\f . /J"iA . "~ " , \ ' ,/ ~-,. ,/ L,-/ \! ,} \ ;ij'1 , , -.... .. "-+1 ....;.. . .' ! k:f ~ 8.1. MEMORANDUM TO: FROM: BY: CITY COUNCIL ~Cf7 ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR~. JIM BERGMAN, ASSISTANT PLANNER tt> CONSIDERATION OF TEMPORARY USE PERMIT CASE NO. 05-027; RELATED TO MAINTENANCE/REMODELING OF WAL-MART; PS CONTRACTING INC.; 1168 WEST BRANCH ST. JANUARY 10, 2006 SUBJECT: DATE: RECOMMENDATION: The Planning Commission recommends the City Council adopt a Resolution approving Temporary Use Permit Case No. 05-027. FUNDING: No impact to the General Fund if Wal-Mart continues to operate during the proposed maintenance and remodeling. DISCUSSION: The attached letter (Attachment 1) and associated application received by the City on November 16, 2005 requested a Temporary Use Permit for maintenance and interior remodeling of the Wal-Mart. Proposed work includes: Interior maintenance/remodeling including: }> Clean, prep and paint interior walls; ;, Clean and repaint sales floor ceiling as needed; }> Repair and replace floor tile; }> Refurbish the Vision Center, restrooms and various offices; }> Replace photo lab; Exterior maintenance of the building includes: ;, Repair stucco and concrete; }> Replace wood fencing; ;, Paint exterior to match existing stucco colors; ;, Paint parking lot light standards CITY COUNCIL CONSIDERATION OF TEMPORARY USE PERMIT CASE NO. 05-027; RELATED TO MAINTENANCE/REMODELING OF WAL.MART; PS CONTRACTING INC.; 1168 WEST BRANCH ST. PAGE 2 In an effort to allow the Wal-Mart store to operate during its normal business hours and to ensure maximum safety for customers, PS Contracting, Inc. has requested that interior maintenance such as painting and floor replacement and exterior repairs to the front of the building and parking lot light occur at night. It should be noted that maintenance and repair work that can be completed away from and without impacting customer service areas, such as stucco repair and painting of the rear and sides of the building, are proposed to be completed during daylight hours. In order to accomplish the remodel as proposed, PS Contracting, Inc. requests the placement of the following support items: ~ 8 - Forty foot seatrain containers ~ 2 - Roll-off rubbish bins The seatrain containers will be used for storage of new shelving materials, flooring, supplies and merchandise that has been removed from the sales floor while the roll-off rubbish bins will serve as receptacles for construction debris such as flooring materials (all such construction debris will be recycled per Municipal Code Section 8.32.200). Outside operations associated with these activities include the use of a single forklift to transport materials to and from the store. A safety monitor will be on site during all phases of the project. Placement of the seatrain containers and roll-off bins are proposed in the staging area shown on the attached site plan (Attachment 2). This location is considered the optimum location for the storage and trash containers for the reasons outlined in the letter received from PS. Contracting, Inc. Construction activities are programmed for a 12-week period from January 2 to March 16, 2006 and will occur seven days per week. Grand reopening and termination of temporary outdoor activities and staging will occur on March 17, 2006. Although Temporary Use Permits are generally approved by the Community Development Director, this permit is presented to the Council for review and approval based upon Municipal Code section 16.08.060.8.5., which provides that "Permits, licenses or approvals within an approved planned development are Planning Commission recommendations to the City Council." Please note that the conditions of approval recommended by the Planning Commission were developed to allow the remodel request, protect the residents of the adjacent neighborhood from noise and other nuisances and to reinforce existing City policies as they relate to the Five Cities Center and retail stores in excess of 90,000 square feet. Conditions of approval restrict the number of containers, preclude alterations which would not conform to non-taxable retail sales area restrictions, prevent exterior color, material, lighting or use changes without further City approvals and immediate review of the permit if complaints from the CITY COUNCIL CONSIDERATION OF TEMPORARY USE PERMIT CASE NO. 05-027; RELATED TO. MAINTENANCE/REMODELING OF WAL-MART; PS CONTRACTING INC.; 1168 WEST BRANCH ST. PAGE 3 surrounding residential neighborhood are received and state potential actions (such as revocation of the Temporary Use Permit) if a violation occurs. Finally, condition number 2(1) provides that the existing unauthorized outdoor retail sales area known as the Garden Center must be removed and not reestablished unless and until a Conditional Use Permit application for this use is approved after public hearings by the Planning Commission and City Council. Condition number 6 enabled initial limited construction activities and outdoor staging to be established and conducted from January 2 to January 11, prior to Council consideration subject to its termination and removal if not approved by the Council tonight. Although Temporary Use Permits are not public hearings, staff has notified neighboring property owners of this application. At this time, staff has received input from one property owner stating that he has no concerns with the proposed temporary use. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Adopt the attached Resolution; Modify and adopt the attached Resolution; Do not adopt the attached Resolution; Provide direction to staff. Attachments: 1. Letter dated November 16, 2005 2. Site plan 3. Remodeling plans RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO. 05-027; RELATED TO MAINTENANCE/REMODELING OF WAL-MART; PS CONTRACTING INC.; 1168WEST BRANCH ST. WHEREAS, on November 16, 2005, PS Contracting submitted an application for a Temporary Use Permit related to maintenance/remodel of Wal-Mart located at 1168 West Branch Street; and WHEREAS, on December 20 2005 the Planning Commission reviewed and modified proposed Conditions of Approval and recommended the City Council approve Temporary Use Permit Case No. 05-027; and WHEREAS, the City Council has considered Temporary Use Permit Case No. 05-027, on January 10, 2006 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the City Council has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the City Council has reviewed this project in compliance with the Califomia Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that the proposed project is Categorically Exempt per Section 15301 of the CEQA Guidelines. WHEREAS, the City Council finds, after due study, the following circumstances exist: FINDINGS FOR APPROVAL 1. The operation of the requested temporary use related to maintenance and remodel of the Wal-Mart from January 11, 2006 until March 17, 2006 will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare due to the Conditions of Approval developed for the project. 2. The proposed site being over 20 acres in size, the storage area being over 550 feet away from the nearest adjacent residential property and the enforcement of . Conditions of Approval ensures that the property is of adequate size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacen~ to and in the vicinity of the site. 3. The proposed site is adequately served by streets including West Branch Street, which has sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate. 4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available on-site. RESOLUTION NO. PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Temporary Use Permit Case No. 05-027, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Council Member following roll call vote, to wit: , seconded by Council Member AYES: NOES: ABSENT: the fo~egoing Resolution was adopted this 10h day of January 2006. , and by the RESOLUTION NO. PAGE 3 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO. PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL TEMPORARY USE PERMIT CASE NO. 05-027 PS CONTRACTING INC.; 1168 WEST BRANCH ST. General' Conditions 1. This Temporary Use Permit (TUP) allows for a 12-week general remodel of Wal- Mart with construction occurring up to seven days per week between the hours of 9:00 pm and 6:30am from Monday, January 2,2006 to Thursday March 16,2006. This remodel/maintenance work shall comply with the description submitted by the applicant and includes: ~ Clean, prep and paint interior walls; ~ Clean and repaint sales floor ceiling as needed; , ~ Repair and replace floor tile; ~ Refurbish the Vision Center, restrooms and various offices; ~ Replace photo lab; ~ Repair stucco and concrete (to be completed during daytime hours except for the building front); ~ Replace wood fencing (to be completed during daytime hours); ~ Paint exterior to match existing stucco colors (to be completed during daytime hours, except for the building front); ~ Paint parking lot light standards 2. The use shall be in substantial conformance with Exhibit "A" and Exhibit "8" attached hereto and incorporated herein by this reference and to the statements below: a) A maximum number of eight (8) "Seatrain" type storage containers with a maximum length of 40 feet can be placed in the area designated on Exhibit "A". Each container must be painted a uniform color, be free of exterior rust and be of such a condition as to not distract from the general appearance of the shopping center; b) A maximum of two (2) open top trash containers (1 - 40 yard and 1 -' 10 yard) shall be placed in the area designated on Exhibit "A"; c) A construction/perimeter fence shall be constructed around the "Seatrain" containers and trash containers; d) Maximum number of employees outside during the hours of 9:00 pm to 6:30 am shall be six (6); e) A maximum of one forklift may be utilized outside during the hours of 9:00 pm to 6:30 am; f) This Temporary Use Permit does not nullify Chapter 9.16 (Noise) of the Municipal Code. All operations shall comply with this chapter and any violations may be enforced per Section 9.16.080 or by the revocation of this permit. Any complaints related to noise received from adjacent neighbors shall allow a review of the permit by the Planning Commission or City Council. RESOLUTION NO. PAGE 5 g) Renovation of interior space and subsequent merchandizing must comply with Section 16.52.220 (Limitations on retail stores in excess of ninety thousand square feet). h) No additional exterior lighting shall be allowed without the authorization of the Community Development Director. i) Exterior paint color shall match the existing stucco color. A 4-foot by 4-foot test patch of each color shall be applied for the review of the Community Development Director. before the building is painted. . j) The wood fence shall be replaced with a fence of similar style, material and finish. k) The smoking lounge as depicted in detail 2/A2 of Exhibit "B" shall not be installed due to its reduction of usable stockroom area. I) The unauthorized outdoor retail sales "Garden Center" shall be removed prior to January 10, 2006 and shall not be reestablished unless and until approved by required Conditional Use Permit, subject to separate application including Planning Commission and City Council public hearings. 3. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. 4: The project shall comply with the most recent editions of the California State Fire and Building Code and the Uniform Building and Fire Code as adopted by the City of Arroyo Grande. 5. The applicant shall comply with Municipal Code Section 8.32.200 related to the mandatory recycling of construction and demolition debris. 6. A safety monitor shall be on site during all construction activities. ATTACHMENT 1 INC, Specializing in Cammercial & Electrical Contracting (:,,,, ~ ,. , - ~ (" ,''-', 'X.'j '" --~ -:::":..-:::;.:.~:::.::"~ Federal1D # 20-1321183 City of Arroyo Grande Community Development Re: Temporary Use Permit ' Ladies and Gentlemen, PS Contracting Inc, is the General Contractor in charge of the Wal-mart General Remodel Project, starting in January of 2006. As part of our project, we are requesting a Temporary Use Permit for the placement of8 storage container and 2 open top trash containers in the Wal-mart parking lot during construction We also request permission to access the containers during night time andlor weekend operations. The location for the storage containers has been highlighted on the attached site plan. We believe this is the best-suited location for the following reasons: I. Least amount of impact on Wal-mart customer parking. This area is away from the main flow of traffic and parking areas. Deliveries and trash removal can take place with minimal impact on customers. 2. Closest point of entry for construction and store planning. Most of the material and trash is transported with a forklift. The shorter distance equates to greater efficiency and less noise. 3. Furthest distance possible from residential housing. This location places the Wal-mart building between our temporary storage area and the residential homeowners, which will greatly reduce noise. The Wal-mart General Remodel is a 12 week open store project. The remodel runs from 01102106lhrough 03116106 with a re grand opening on 03117106. Construction takes place after hours (9:00pm-6:30am) normally seven days a week. The bulk of the construction will be completed by 02/10106 (six weeks). Though inost of the work is on the inside of the building, we still have to remove debris and get material in and out. The stucco and concrete repair, replacement of wood fencing, and the exterior painting (with the exception of the front ofthe building and the light standards in the parking lot), can be move to normal daytime hours. As guests in your town, PS Contracting Inc. will make every effort to be mindful of all parties concerned. After hours noise is unavoidable but only temporary. This is a building that is in a commercially zoned area that has not been remodeled in seven years. We plan on doing everything possible to complete construction with as little inconvenience to the neighboring homeowners. Sirn~ Mike Trester CEO, PS Contracting Inc >-':..:;., , "' '. -"'I ~-'-' . .'..../ ./jJ .'. Cltv r. .. " ~'. j ='O/~,';,~~"';~-,' ':;''1:::c.' .. ~- ~;,:i V :: _.~I':-~ C':....' . -l..~.... '.........: ...: '-~ ,- "..:;y' ,./ " 23669 Sierra Oa~ Drive ~ Murrieta _~.9~~~~562 Office: 9~~,:~2.2..80~3 Fa~~_~51:.?98.00~ E-mail: Psc~ntractingine@aol.eo~ California Lie #: B/C10 850054 . New Mexico Lie #: B 91030 . Oregon Lic #: 16064 . Washington Lic.#: PSCONC1963MG A TT ACHMENT 2 ""Y;;U'''~'' 'W-.ltl~,1> SOt ..,';';(~ (It< ]~nJ<; \',) '~(IN\'U~) OAOlIU\' 7H(/OJVHU 7VU.?M.'1.'J ~~Wfi.Vi.\ [J[].""".'."""", .-., " ....' .'.... ......_. r ~. ......."..-,.. -'.-....-.""..-- ",_,,'~',. .."..__n .::~Y~~S!fi~ ,."",.."",.""." \<, .' \,~,_\ "', . ~., .' '" ,-, '-'. \;::\:-"., .J1i. 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ID << -' o 1-;" 0: "," a...~ ,.,! -;--~ :01 'l~. . ..., i I .0:;''': ~i ~".".. 'I\:~,I ~~~.; ~~g~i !~;~~ :~!H 'i;~J ""I 11.a. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER~ SUBJECT: CONSIDERATION OF SUPPLEMENTAL WATER STUDIES OF THE ; NACIMIENTO AND DESALINATION PROJECTS AND OF DIRECTION TO PREPARE GRANT APPLICATION DATE: JANUARY 10, 2006 RECOMMENDATION: It is recommended the City Council: A. receive the presentation on the .supplement water studies; and B. direct staff to prepare a State grant application for funding to perform a full desalination feasibility study in cooperation with the other South County agencies. FUNDING: The amended Public Works Administration/Engineering operatirig budget includes $4,000 for the preparation of the Nacimiento study and $3,333 for the preparation of the Desalination study. These amounts were based on the City's share of the total cost of the studies, which are being shared equally by the City of Arroyo Grande, City of Grover Beach, and Oceano CSD. Thus, the total costs of these studies are $12,000 (Nacimiento) and $10,000 (Desalination). DISCUSSION: In September 2005 the Wallace Group was retained by the City of Arroyo Grande, City of Grover Beach, and the Oceano Community Services District to prepare a supplemental water analysis. The first study was to analyze the possibility of extending the proposed San Luis Obispo County Nacimiento Water Project (NWP) pipeline from its current termination location at the City of San Luis Obispo (SLO) water treatment plant to the Lopez Water Treatment Plant (WTP) for distribution to South County purveyors. The second study was to determine the feasibility and cost of constructing a desalination facility at the South San Luis Obispo County Sanitation District (SSLOCSD) wastewater treatment plant. The primary objective of the studies is to determine which option is most cost effective to pursue further.. A copy of both studies is attached. The first step in the study was for each participating agency to determine their individual need for additional water in the near future (10 years). The requested water demands were combined for a total of 2,300 AFY. It should be noted that at the December Nacimiento Commission meeting, the Nacimiento Commission recently approved cost- . CITY COUNCIL CONSIDERATION OF A PRESENTATION OF THE SOUTH COUNTY SUPPLEMENTAL WATER STUDIES: NACIMIENTO PIPELINE EXTENSION AND DESALINATION JANUARY 10, 2006 PAGE 2 of 3 saving measures to the NWP that not only saves construction costs, but also reduces the available water supply to additional participants in the project to 2,100 AFY. Thus, the Nacimiento supplemental water supply study is limited to the available 2,100 AFY. Each study was prepared under the assumption that the three agencies would be sharing overall costs for the supplemental water project, including planning and environmental costs, permitting costs, design, construction, and operation of the proposed system. Such cost sharing of the total project costs would be based on the amount each agency . requested as a percentage of the total future demand. Nacimiento Pipeline Extension San Luis Obispo County is currently in the process of designing a water system that would convey raw lakewater from Lake Nacimiento to several communities south of the Lake, terminating at the City of San Luis Obispo water treatment plant. Two pipeline extension alternatives were evaluated to convey Nacimiento water from San Luis Obispo to the Lopez WTP: 1) Orcutt Hill Road; and 2) Plains XP Pipeline. Both alternatives are described in detail in the study. In addition, the study addresses needed upgrades and improvements that would be required at the Lopez WTP to process the additional water. Regardless of the pipeline alternative, the minimum timeline for implementation is anticipated to be 5 years. Thus, if the project were started today, completion of the South County portion of the pipeline would be anticipated in 2011, at about the same time the NWP is completed. Based on a 30-year life cycle analysis, this water supply project has an estimated cost of $3,000 to $3,700 per AFY of water supplied. The initial capital cost outlay (environmental, permitting, design, construction) would be on the order of $30 million: Annual operation and maintenance (O&M) costs are expected be on the order of $6 million, with the majority of the annual cost attributed to O&M of the main NWP components (pumping water from Lake Nacimiento to City of SLO). Desalination This feasibility study focused on evaluation of a desalination plant, located at the South San Luis Obispo County Sanitation District (SSLOCSD) wastewater treatment plant site. The water would be treated, then distributed to each member agency at the closest point in each respective distribution system. It is envisioned that the supply water would be seawater, with an intake system being comprised of water supply wells on or near the beach to draw the seawater. The water would be treated with a two-pass reverse osmosis system with the brine by-product being disposed of through the existing SSLOCSD/City of Pismo Beach joint sewer outfall. Permitting and environmental review for this project would be considerably more complex, involving the California Coastal Commission, Regional Water Quality Control Board, as well as the California Department of Fish & Game, US Fish & Wildlife Service and other agencies relative to potential impacts to nearby wetlands and fresh water bodies. CITY COUNCIL CONSIDERATION OF A PRESENTATION OF THE SOUTH COUNTY SUPPLEMENTAL WATER STUDIES: NACIMIENTO PIPELINE EXTENSION AND DESALINATION JANUARY 10, 2006 PAGE 30t 3 The overall timeline for implementation is expected to be five to seven years, and the estimated cost (30-year life cycle) for water from a desalination facility is on the order of $2,400/AFY (treated and delivered). The capital cost outlay for this water supply option is expected to be less than $14 million. Annual O&M costs are anticipated to be approximately $4.5 million, with the majorityofthat cost being energy costs. The one clear advantage of this alternative is that the project is "drought-proof', taking water supply from the PacificOcean. . Based on the advantages of the desalination project, it is recommended that the Council direct staff to prepare a grant application for State funds to perform a full desalination feasibility study in cooperation with the other South County agencies. Attachments: . 1. Draft Water Supply Study, Nacimiento Pipeline Extension, December 2005. 2. Draft Water Supply Study, Desalination, December 2005. _:M:\232-City of Arroyo Grande\232-0506 - General Consulting\40 - Nacimiento Water Analysis\Administration\Council Staff Report 1- 1Q-Q6.doc SUPPLEMENTAL WATER SUPPLY STUDY NACIMIENTO PIPELINE EXTENSION ,-- - / 'if? // i i \ \\\"~'~~>~'~~- 't!7;~1 Draft CITY OF ARROYO GRANDE CITY OF GROVER BEACH OCEANO COMMUNITY SERVICES DISTRICT JANUARY 2006 WALLACE GROUP 4115 BROAD ST. SUITE B-5 SAN LUIS OBISPO, CA 93401 NACIMENTO WATER STUDY: TABLE OF CONTENTS LIST OF FIGURES ................................................................................................. LOF 1 LIST OF TABLES ................................................................................................... LOT 1 EXECUTIVE SUMMARY .......................................................................................... ES-1 CHAPTER 1: INTRODUCTION ...................................................................................1-1 1-1 Project Background .................................................................................... 1-1 1-1.1 Nacimiento Commission Meeting 12-15-05.................................. 1-1 1-2 Scope of Work............................................................................. ...............1-2 1-3 Acknowledgements ....................................................................................1-3 CHAPTER 2: NACIMENTO PIPELINE .......................................................................2-1 2-1 Background.................... .................. .......... ................................................2-1 2-2 Pipeline Design ..........................................................................................2-3 CHAPTER 3: PROPOSED ALTERNATIVES ..............................................................3-1 3-1 Alternative A: Orcutt Road..........................................................................3-1 3-1.1 Hydraulic Evaluation .................................................................... 3-1 3-2 Alternative B: Plains Pipeline......................................................................3-5 3-2.1 Plains Oilfield Pipeline Project...................................................... 3-5 3-2.2 Hydraulic Evaluation ....................................................................3-6 CHAPTER 4: TREATMENT AND DISTRIBUTION ......................................................4-1 4-1 Lopez Water Treatment Plant.....................................................................4-1 4-2 Zone 3 Entitlements. .................................... .......... ................ ......... ...... ......4-1 4-2.1 Surplus Water ..............................................................................4-2 4-3 Lopez Distribution Systern ..........................................................................4-3 CHPATER 5: REGULATORY CONSIDERATIONS..................................................... 5-1 5-1 NWP Contract............................................................................................ 5-1 5-1.1 Rescission ...................................................................................5-1 5-1.2 Ownership, Operation, and Maintenance .....................................5-1 5-1.3 Delivery Entitlement .....................................................................5-1 5-1.4 Nacimiento Project Costs............................................................. 5-2 5-1.5 Use of Reserve Water.................................................................. 5-2 5-2 Supplemental EIR ................... .... ............................................................... 5-2 5-3 Zone 3 Entitlement Contract ....................................................................... 5-3 CHAPTER 6: LIFE CYCLE COST ANALYSIS ............................................................6.1 6-1 Nacimiento Water Project........ ................................................................... 6-1 6-2 Pipeline Extension...................................................................................... 6-1 6-2.1 Alternative A ....................................... ......................................... 6-1 6-2.2 Alternative B ................................................................................ 6-2 6-2.3 Conclusions................................................................................. 6-2 6-3 Treatment & Distribution ...... ..................................... .................................. 6-4 6-4 Life Cycle Cost Analysis ............................................................................. 6-4 Nacimiento Water StudylTable of Contents Project No. 0232.506.040 TOC-1 January 2006 Draft ~. CHAPTER 7: SUMMARY ............................................................................................7.1 7-1 Alignment Alternatives................................................................................ 7-1 7-2 Treatment & Distribution ............................................................................. 7-1 7-2.1 Treatment ....................................................................................7-1 7-2.2 Distribution.................................................................. .................7-2 CHAPTER 8: IMPLEMENTATION & TIMELlNE..........................................................8-1 8-1 Timeline...................................................................................................... 8-1 8-1.1 Agency Agreements.....................................................................8-1 8-1.2 Planning and Preliminary Design .................................................8-1 8-1.3 Project Financing ......................................................................... 8-1 8-1.4 CEQAlEnvironmental Review...................................................... 8-2 8-1.5 Detailed Design............................................................................8-2 8-1.6 Permitting........ ............................. ................................................8-2 8-1.7 Bid Phase and Construction......................................................... 8-2 8-2 Overview of Project Timeline ......................................................................8-3 APPENDIX A: NWP CONTRACT APPENDIX B: ZONE 3 ENTITLEMENT CONTRACT APPENDIX C: LOPEZ HYDRAULIC GRADE CALCULATIONS Nacimiento Water Studyffable of Contents Project No. 0232.506.040 TOG-2 January 2006 Draft LIST OF FIGURES Figure 2-1 Nacimiento Water Project Raw Water Alignment ........................................2-2 Figure 3-1 Pipeline Alignment Alternatives ................................................................... 3-2 Figure 3-2 Alternative A: Hydraulic Grade Line ............................................................3-4 Figure 4-1 Proposed Hydraulic Grade Lopez Line........................................................4-5 Figure 5-1 Required EIR for Alignment Alternatives .....................................................5-4 Nacimiento Water StudyfTable of Contents Project No. 0232.506.040 LOF-1 January 2006 Draft LIST OF TABLES Table 3-1 Alternative A - HGL Calculations ..................................................................3-3 Table 3-2 Total Pipeline Length....................................................................................3-6 Table 4-1 Lopez WTP and SWP Supply Entitlernents ..................................................4-2 Table 5-1 Supplernental EIR Length ............................................................................5-3 Table 6-1 Alternative A Capital Cost Cornparison ........................................................6-2 Table 6-2 Alternative Cost Cornparison......................................................................6-2 Table 6-3 Alternative A Life Cycle Cas!............... ....................................................6-3 Table 6-4 Alternative B Life Cycle Cost........................................................................6-3 Table 6-5 2005-2006 Zone 3 Annual Wheeling Costs ..................................................6-4 Table 6-6 Proposed Annual Cost for Lopez WTP Upgrade ..........................................6-4 Table 6-7 Life Cycle Cost Summary............................................................................. 6-5 Table 7-1 Alignrnent Comparison................................................................................. 7-1 Table 8-1 Proposed Tirneline .......................................................................................8-3 Nacimiento Water StudyfTable of Contents Project No. 0232.506.040 LOT-1 January 2006 Draft EXECUTIVE SUMMARY (To be provided as part of Final Report.) Nacimiento Water Study/Executive Summary Project No. 0232.506.040 ES-1 January 2006 Draft CHAPTER 1 INTRODUCTION This chapter outlines the basis for evaluation of the proposed Nacimiento pipeline extension, and corresponding supplemental water supply from the Nacimiento Water Project (NWP). 1-1 PROJECT BACKGROUND In this analysis, it was realized that demands for potable water will exceed current allocations, and that additional sources of water must be developed. Several long and short-term alternatives were presented in the August 2004 study including desalination, purchase of State water, and extending the proposed Nacimiento pipeline to south San Luis Obispo County. Conclusions from the report suggested that the City of AG investigate the Nacimiento pipeline extension alternative in more detail. At that time, it was realized that neighboring communities, such as the City of Grover Beach and the Oceano Community Services District, might also be interested in obtaining additional water supply. Therefore, these agencies were invited to participate in the evaluation of the Nacimiento pipeline extension. These three agencies, the City of AG, City of Grover Beach, and Oceano Community Services District have coordinated efforts to prepare this evaluation of using the Nacimiento pipeline for supplemental water supply to each agency. Current design of the NWP includes the delivery of raw water from Lake Nacimiento to communities throughout San Luis Obispo County, including Paso Robles, Templeton, Atascadero, and terminating at the San Luis Obispo Water Treatment Plant (SLO WTP). The proposed Nacimiento extension would continue the pipeline from the SLO WTP to South San Luis Obispo County at the Lopez Water Treatment Plant. The delivered water would be treated at the Lopez WTP and would be delivered through the existing Lopez Distribution System. The agencies have identified the need for approximately 2300 AFY of additional potable water. Viability of the proposed extension will depend on a number of factors, including capacity in the NWP pipeline, capacity at the Lopez WTP, and capacity in the Lopez Distribution system. The following evaluation presents alternative alignments of the proposed extension to South County, along with discussion on the design and regulatory considerations that would be required for construction of the new pipeline. 1-1.1 Nacimiento Commission Meetina 12-15-05 On December 15, 2005 the Nacimiento Water Project Commission Meeting was held to discuss the possibility of decreasing the pipeline diameter of the Nacimiento project, as well as establishing a minimum quantity of water required for any new agencies to participate in the NWP. According to the outcome of the meeting, the overall diameter of the transmission main will be reduced such that the hydraulic capacity of the pipeline will allow for only 2,100 AFY of additional water downstream of the SLO WTP. Therefore, only 2,100 AFY will be available to customers south of the SLO WTP. The majority of this report has been prepared based on the 2,300 AFY value discussed in the kick-off meeting on September 29, 2005 prior to knowing about the 2,100 AFY limitation. Nacimiento Water Study/Chapter 1 Project No. 0232.506.040 1-1 January 2006 Draft Also discussed at the December 15, 2005 Commission meeting was the minimum quantity of water required by new participants to the NWP. It has been established that any new participant interested in water from the NWP must commit to purchasing at least 500 AFY to have a seat on the NWP Commission. Because each agency participating in this report has requested an amount above the newly established minimum, this requirement should not have an impact on the outcome of this report. However, this minimum value should be noted in the event an alternate quantity is considered in the future. 1.2 PROJECT SCOPE In October 2005, Wallace Group was contracted to prepare the following Nacimiento Pipeline Water Supply Study. The scope of work is as follows: . Permitting and Coordination with Various Agencies Identify and meet with various agencies that would be involved in the Nacimiento Water project from a permitting and coordination perspective. Wallace Group will identify potential environmental concerns, and discuss a timeline for completion of an EIR for the project. . Evaluate Lopez Lake Water Treatment Plant Evaluate issues and constraints relative to delivery of Nacimiento Water to the Lopez Terminal Reservoir, capacity and capability of the water treatment plant relative to the increased water treatment demand, capacity of the delivery pipeline from Lopez WTP to the member agencies, costs of treatment of supplemental water supply relative to cost of current Lopez water supplied to both Cities. . Hydraulic Design Parameters Evaluate the hydraulic considerations and requirements for conveying Nacimiento water to the Lopez Terminal Reservoir. The hydraulic review will include review of the proposed hydraulic grade line of the Nacimiento pipeline (from the Cuesta Grade to the City of San Luis Obispo). We will evaluate the hydraulics based on one condition, as defined by the current hydraulic grade proposed by the County, and the corresponding Entitlement Contracts of the Member Agencies. We will evaluate hydraulic head losses, evaluate pipe diameters, and pumping requirements for water delivery to Lopez based on the member agencies water demands. . Evaluate Alternative Pipeline Alignments Evaluate two pipeline options as follows: -From SLO water treatment plant to the Lopez treatment plant, along Orcutt Road. -From SLO water treatment plant to the Lopez treatment plant, utilizing the Plains Oilfield pipeline alignment. . Life Cycle Cost Analysis Prepare a 20-year life cycle cost analysis for capital and O&M costs associated with the Nacimiento project. We will prepare a simple rough cost estimate of unit cost of treated water per acre-foot based on a percentage basis according to Nacimiento Water Study/Chapter 1 Project No. 0232.506.040 1-2 January 2006 Draft corresponding agencies' share of the project demands. This unit cost will be compared to the current cost of water supplies of the agencies. . Implementation Plan Prepare a timeline and implementation plan, including consideration of permitting requirements, limeline to address environmental issues, design and construction schedules, and system start-up. 1-3 ACKNOWLEDGMENTS The following agency representatives provided input and assistance in preparing this supplemental water supply study: Don Spagnolo, City of Arroyo Grande Steve Adams, City of Arroyo Grande Mike Ford, City of Grover Beach Mitch Cooney, Oceano CSD The following Wallace Group key team members were involved in the preparation of this water supply study: Steven G. Tanaka, P.E., Director of Water Resources Shannon Peterson, Associate Engineer Tom Zehnder, P.E., Director of Mechanical Engineering Nacimiento Water Study/Chapter 1 Project No. 0232.506.040 1-3 January 2006 Draft CHAPTER 2 NACIMIENTO PIPELINE This chapter outlines the proposed Nacimiento pipeline water supply project and the proposed extension of the pipeline to south San Luis Obispo County. 2-1 BACKGROUND Forty five years ago, San Luis Obispo County secured entitlement to 17,500 acre-feet per year from Lake Nacimiento. Today, plans are in place to build a 45 mile pipeline to deliver that water to San Luis Obispo County. Current participants include Paso Robles, Templeton, Atascadero, and San Luis Obispo. In December 2003, San Luis Obispo County completed a final draft environmental impact report (EIR) for the 45 mile pipeline project. The entitlements that have committed to the project are as follows: . City of Paso Robles - 4,000 AFY . City of San Luis Obispo - 3,380 AFY . Atascadero MWC - 2,000 AFY . Templeton CSD- 250 AFY TOTAL 9,630 AFY Of the 17,500 AFY entitlement, SLO County Flood Control and Water Conservation District will be reserving 1,300 AFY for local lakeside use, leaving approximately 6,000 AFY of unallocated water from the project. With the project hydraulically restricted to 2,100 AFY downstream of the City of SLO WTP, 4,900 AFY would be available to North County agencies should the 2,100 AFY be allocated to South County agencies. Two separate alternatives were prepared for the EIR: a treated water option and a raw water option. The treated water and raw water options both utilize the same alignment from Lake Nacimiento to the SLO WTP, with water ultimately delivered to the SLO WTP. The two options differ in that the treated water option would utilize a treatment plant just south of Lake Nacimiento on Camp Roberts property whereas the raw water option would deliver raw water to the participating agencies for treatment or injection in the Salinas River. A subalternative to the raw water option included a treated water line in which raw water would be delivered to the California Men's Colony (CMC) Water Treatment Plant for treatment, and treated water would be delivered to agencies in and around the San Luis Obispo airport area. Based on the analysis in the EIR, current design of the NWP includes the raw water option with the possibility of adding the treated water subalternative, from the CMC WTP to the SLO airport area, in the future. The current NWP includes an intake and pump station at Lake Nacimiento; a corridor of approximately 45 miles of water transmission pipeline ranging in diameter from 20-36 inches, traversing Camp Roberts, along Highway 101 through Paso Robles, Templeton, Atascadero, through the Cuesta tunnel, and terminating at the San Luis Obispo water treatment plant. This project also includes two storage tanks and three pump stations at various locations along the alignment. The proposed raw water alternative alignment can be found in Figure 2-1. Nacimiento Water Study/Chapter 2 Project No. 0232.506.040 2-1 January 2006 Draft Naclmi@!!! ~EyEND Recommell<le<l Pipeline Pump Station PIS Rivet Discharge ~ Reservoi!s m Connectio to -x T.' San Existing S~lem Jb ,=, =rTreatmenl Naa..../l> ~ '. Salinas Rivet CIOssing \ -4 WTP .... Figure 2-1. Nacimiento Water Project Raw Water Alignment Nacimiento Water Study/Chapter 2 Project No, 0232,506.040 2-2 Nacimiento Water Project Raw Water Alignment Treated Water Subalternative Alignment to SLO Airport Area January 2006 Draft Participating agencies interested in receiving water from the Nacimiento pipeline must sign a contract with the San Luis Obispo County. The Delivery Entitlement Contract outlines the delivery amount, schedule, and cost the agency will incur upon participating in the project. As indicated earlier, all future participants must take a minimum delivery of 500 AFY to have a seat on the NWP Commission. A copy of the contract is included in Appendix A. 2-2 PIPELINE DESIGN While completion of the Nacimiento Water Project is pending, and design is not expected to be completed until 2007, the following design information was compiled from the EIR and various sources at the San Luis Obispo County Public Works Department. As stated earlier, four agencies have signed contracts with San Luis Obispo County to participate in the Nacimiento pipeline project. According to the contract, each agency will be receiving water at a constant rate for 11 months (24 hours per day, 7 days per week) out of the year. One month will be retained by the county for maintenance of the pipeline. To date, the Baseline Project annual deliveries and rates of flow can be seen in Figure 2-1. Any agency interested in receiving water from the NWP will be pulling from the "reserve capacity". According to the Baseline Project, each participating agency was given a peaking factor during design of the raw water transmission facility. At this time, any future participants will not be allowed a peaking factor and will be delivered at a constant rate, year-round, for 11 months out of the year. Alternatively, a future participant may request additional peaking, the cost of which would be fully funded by the participating agency. The Entitlement Contracts signed by the NWP participants state that delivery of raw water will be at an HGL of at least 460 feet at the turnouts. An engineering report prepared by Boyle Engineering Corporation, dated 4/11/02, included a hydraulic profile of the pipeline according to the delivery entitlements at that time. Because the Boyle report was prepared prior to the Entitlement Contracts, the hydraulic profile did not represent the 460 foot HGL requirement. More recent evaluations of the hydraulic grade line suggest the elevation may be lowered to provide between 250 to 460 feet at each turnout prior to the Cuesta Tunnel. Lowering the HGL could result in a significant cost savings due to the reduction of pipe thickness, the possible elimination of a pump station, and lower life cycle (energy) costs. However, the final system hydraulics should consider the final system requirements for delivery of raw water to current and future Project Participants. Current design of the NWP, and all assumptions in this report, . utilize the higher HGL which results in a final HGL around 1295 feet at the City of San Luis Obispo WTP. Further details and consideration of HGL requirements to serve South County are discussed in Chapter 3. Nacimiento Water Study/Chapter 2 Project No. 0232.506.040 2-3 January 2006 Draft CHAPTER 3 PROPOSED ALTERNATIVES As described in Chapter 1, the Nacimiento pipeline extension alternative (to serve South County agencies) would convey raw water from the existing NWP termination location, the San Luis Obispo Water Treatment Plant, to the Lopez Lake Water Treatment Plant terminal reservoir for treatment and distribution to the South County Stakeholders. This chapter presents an evaluation of the possible alignment alternatives for the conveyance of the water from the San Luis Obispo WTP to the Lopez Treatment Plant. The proposed alignment alternatives are shown in Figure 3-1 and described below: . Alternative A: From SLO WTP to Lopez WTP along Orcutt Road, parallel to the existing State Water pipeline. . Alternative B: From SLO WTP to Lopez WTP, utilizing the planned Plains Oilfield pipeline from Price Canyon, along Hwy 227. In the December 2003 Final EIR for the NWP, a subalternative to the raw water option was evaluated which would be used to convey treated Nacimiento water frorn the CMC WTP to agencies in and around the SLO airport area. This alignment, depicted in Figure 2-1, traverses private land around Madonna Mountain, crosses Highway 101 and continues in publiC right of way down Tank Farm Road to Broad Street/Highway 227. Because this 9.5 miles of pipeline has already been evaluated and approved in the Final NWP EIR, both alignment alternatives presented in this report utilize this initial pipeline alignment to take advantage of environrnental and preliminary design work already completed. 3-1 ALTERNATIVE A: ORCUTT ROAD Frorn the SLO airport area, Alignment A would follow Highway 227 and venture east, over to Orcutt Road, via Biddle Ranch Road. The proposed pipeline would then parallel the state water pipeline along Orcutt Road to the Lopez Water Treatrnent Plant. The total length of this pipeline is approximately 18 miles. Because the initial 9.5 rniles of this alignment have already been evaluated as part of the NWP Final EIR, the remaining 8 miles will need to be covered in a supplemental EIR. The timefrarne and costs associated with a supplemental EIR will be discussed later in Chapters 6 and 7. 3-1.1 Hydraulic Evaluation The extension of the proposed Nacimiento pipeline to the Lopez terminal reservoir will need to consider the hydraulic conditions of the existing NWP design at the City of SLO WTP. As discussed in Chapter 2, the NWP will include three pump stations to boost water along the pipeline, to meet hydraulic grade requirements to current project participants. A complete hydraulic evaluation of the pipelines currently under design, in conjunction with any future proposed pipelines, will be required to determine the need for possible additional pump stations and/or increase in pipeline diameter. The existing hydraulic grade line of the NWP is 1295 feet at the San Luis Obispo Water Treatment Plant. Recent discussions with County staff indicate that further evaluation of the NWP HGL might result in lowering the elevation to reduce pipe thickness (pressure class) upstream, saving approximately $8-9 million. However, because an alternative Nacimiento Water Study/Chapter 3 Project No. 0232.506.040 3-1 January 2006 Draft rZ~ <> .. , ~ '" <> , , '" ~ , ..., ~ ~ ~ .!. ~ '" t;: <: '. '. '" f' ~ '" ~: ~ 'i'i " '" i '" ~ ~ ,,"I ~ ~ ~ ~ !!.~ C'; 8" ~J ~ 1lliJ;. t"' >- I .' " (J .. J! 0 } ::I .. fj, II) i.....''''... .. Gl <( .- .. Q. ~ () " !XI 'j! ;i- ~~-tI~ " lit ''''1 0 c: .,~v~ .. C '" "'\ c ra .... 0 , () Gl cc C') .- 0 E .. 2! 0- .() C ::I III Gl :0 ra E eft 0 Z c ii: III - .~ '" ra -' .. Ci c c: Gl ro E C/) Gl ii Do ::I II) ~ w ~ . 0 o ~ " m Iii 5 . ~ l? ci. I;; ~ ~ ~ ~ ~ ~ ~ "f 8' ~ ~ 3; & ~ -' In II) ~ '" z co 0 I ::: < <Q OG .... U) l-LL 0- '" ~ '-' UJ ~ ~ '- .l'! <( Ql ~ c: c: ;::- '" c: Q) Q) 0: ~ E E c: c: ~~ g> g> <( <( <1:<( I 0 . . - . D . . - . 0 . . / f,,-<:-, \) \ \ ( I' '\ Y-...:.,"*"..1O,l , ~-, ) ~~ ". '&:2 I, \ , \ -'1 "r''''d 'r " -'j ./'-~, J \ .--/\\ j \..., N / '~~h. ( ",\ . '~~ -..". \ )~:;... \" cc ,\ ,\, HGL was not available at the time of this report, an HGL of 1295 feet will be assumed at the SLO WTP. The ground elevations at the SLO water treatment plant, according to the SLO United States Geological Survey (USGS) topographical map, range from 380 to 400 feet. For hydraulic calculations in this report, an elevation of 400 feet will be assumed for the SLO WTP. The SLO USGS topographical map also shows the Lopez Lake water surface elevation at 400 feet with the Lopez WTP terminal reservoir at 325 feet. Initial calculations of the hydraulic grade line corresponding to these surface elevations show the need for 1260 feet at the SLO WTP (using 2300 AFY as the total desired water quantity). The detemnination of the required hydraulic grade of Alternative A was prepared using a Hazen-Williams Equation. The roughness coefficient used in the equation was 100, the design value typically associated with steel pipe that has been in service for some time, thus experiencing some increase in pipe wall friction. The Hazen- Williams roughness coefficient for steei pipe can range from 80-150, which results in a range of required hydraulic grade of 1692 feet-792 feet at the SLO WTP. Increasing the pipeline diameter to 16 inches drops the design HGL to 575 feet at the SLO WTP (see Figure 3-2). Table 3.1 Alternative A. HGL Calculation Range Design Pipeline Length (ft) 92400 (17.5 miles) Hazen-Williams Roughness Coefficient Raw Water Delivery Flow Rate"( ft3/sec) Diameter (inch) 80 -150 100 3.47 (1556 gpm) 12 1260 373 383 HGL SLO WTP (ft) Pressure @ SLO WTP (psi) HGL Lopez Reservoir (ft) 12 - 16 1692-792 560-170 Pressure @ Lopez Reservoir Atmospheric "Delivery flow rate based on constant rate 24 hours per day, 11 months out of the year, according to NWP Entitlement Contract. In the event the design of the NWP is altered such that the HGL supplied to the SLO WTP is lower than the value calculated for Alternative A (1260 feet), the design of the proposed Nacimiento pipeline extension will need to include one of the following alterations: increasing the pipeline diameter to 16-inches, or adding a pump station at the SLO WTP or at some point further downstream. As shown in Figure 3-2, increasing the pipeline diameter to 16-inches would lower the required HGL to 575 feet. However, preliminary discussions with SLO County indicate that the design team is considering a reduction in the HGL to below 460 feet at the SLO WTP. Therefore, increasing the Nacimiento Water Study/Chapter 3 Project No. 0232.506.040 3-3 January 2006 Draft m M '" '" " -' <0 I '" .. o <D N , -' <0 I 1 ~ ~ - r-.~- -.- -- "- ii: &, \ j ---- - -<<. I ~ E- 1\ \ - !i: D D ;;; ~ :f ~ .f!. Q. ~ I ~ .Q I "- ~ ii: &, ~ w ?: L.. - << 0 0 '" ~ ~ ~lX) ~~ ! .f!. ~O Q. ~'" "'~ <D ~--il _...._0) .0 ~ )- M <0(1) II II Ie.. -'- .... <0(1) '" I , " Ie.. (I) / ) - L ---I 1/ o o .. o o '" o o N o o <D o o .. o o N o o o (L:I) NOLL'v'A313 ",0... T-~~ C N .Q t-Q)m c-> 0" -,W <D :'! ;! '" ~ o '" '" .... <0 '" .. '" N o..b ~~ o Oiii -'~ (J)W c;,e ~ ...<0 0> I ~ f'i ~2'~Q~ .. >. >..: ~ ~ CO ~ ~ ~ L..l ~ ~ ~ C!i ~ en w -' 6 w u z ~ (J) is >- 'a GI .a c: fI)::i .. !~ <( III I! U ~f:) :i- ii u 5 "._f1 0 C:';C")u ~ I! GI 8- GI 1!. !Ii .!!1 - ...., m..Q 8::Z: .- 0 ::::I CC U. .!!1 en GI ::J > -' 0._ c .... <ll c: III C/) .! E E GI .- ..' u - III CC Z ~ w . ~ w t;i w ~ ~ ~ ~ m ~ :; ~ ci ~ i! ! iiI 10 It) ~ o 0 ! 0000 ~ . 0.. ::J ~ '" UJ ~ ~ pipeline extension diameter to 16-inches may not lower the required HGL enough to match the proposed supply at SLO, depending on the final design decision. As discussed in the introduction, the Nacimiento Commission recently voted to reduce the pipeline diameter of the Nacimiento Water Project. The result of this design alteration is that only 2,100 AFY will be available as reserve water for any new participants, such as the South County agencies. Reducing the flow from the desired 2300 AFY to 2100 AFY results in a reduced hydraulic grade requirement from 1260 feet to 1112 feet. While the actual hvdraulic qrade that will be supplied to the SLO WTP has still not been determined, if it remains at 1295 feet, the 12-inch Nacimiento extension should have sufficient head so that a booster station would not be necessarv. As stated above, if the hydraulic grade supplied by the NWP is less than the required amount (now 1112 feet as opposed to 1260 feet), a booster station would be required. A cost evaluation of Alternative A is presented in Chapter 6. The cost evaluation assumes that a booster station will not be necessary for Alternative A. 3-2 ALTERNATIVE B: PLAINS PIPELINE As depicted in Figure 3-1, the Alternative B alignment would extend the Nacimiento pipeline from the SLO water treatment plant, along the route proposed in the December 2003 Nacimiento Water Project EIR to the SLO airport area. From the SLO airport area, this alignment follows Highway 227 to Price Canyon Road. Here, Alternative B would tie into a planned water transmission main constructed by the Plains Oilfield project. The Plains pipeline is proposed to follow county right of way along Highway 227 to Corbett Canyon Road, Tiffany Ranch Road, Orcutt Road and finally to the Lopez forebay. 3-2.1 Plains Oilfield Pipeline Proiect The process of oil production at Price Canyon Oil Field involves the treatment of a significant amount of water that is produced with the crude oil. This water, known as produced water, must be treated and disposed of. The oil field operator, Plains Exploration and Production Company, is proposing a project which will involve the treatment of produced water from the oil field for disposal into the Arroyo Grande Creek at the base of the Lopez dam to augment release of water from the Lopez Reservoir for environmental habitat maintenance. The water treated from the oil field would be monitored and must conform to the RWQCB's water quality objectives for discharge to cold water habitat. It is anticipated that the water will be treated to agricultural standards and not to potable levels due to the legal liability associated with human consumption of the water. Delivery of the treated, produced water would involve the construction of a 12-inch transmission line from the PXP field to Lopez Lake which would terminate at the base of the Lopez Dam at approximately 420 feet in elevation. It is anticipated that the quantity of produced water will be 2 acre-feet (1.0 cfs) per day at a steady year-round rate for at least 10 years. Because the source of the water is tied to the production of the oil field, the exact quantity of water produced by the field might fluctuate or may be delivered for a longer period of time. Likewise, if oil production is reduced then the water supply will also be reduced. Therefore, the duration of use of this pipeline for conveyance of oil field production water is uncertain. It is anticipated that Plains would pay for all costs associated with the project but would receive payment for the water delivered to the Arroyo Grande Creek on an acre-foot Nacimiento Water Study/Chapter 3 Project No. 0232.506.040 3-5 January 2006 Draft basis. The preliminary cost of water according to the County of San Luis Obispo is estimated to be $500/AF for 730 AFY delivered to Lopez. There may be an additional cost of $350/AF to cover costs associated with treating and transporting the exchanged Lopez water. At the completion of the Plains Oil Filed project, when oil is no longer being extracted from the oil field and produced water is not available, the pipeline infrastructure would become county property and might be available for other uses, such as the Nacimiento pipeline extension. Currently, design of the PXP water transmission main is being re-evaluated to possibly lower the overall expense of the project. Initial planning included a pipeline alignment which followed county right-of-way from Price Canyon to the Lopez terminal reservoir, however recent evaluations are being prepared for a cross country alignment. Going cross country would entail purchasing easement entitlements for the 12 inch transmission main, however this cost might be offset if the reduction in pipeline length is significant. An EIR for the PXP project has not been started to date, however it is expected that the cost of this environmental work will be covered by PXP, with the County serving as the lead agency for the project. 3-2.2 Hvdraulic Evaluation Because the general characteristics of the two pipeline alignments (A and B) are similar, the HGL required for Alternative B will be similar to that for Alternative A. However, because the PXP pipeline has not been designed, an accurate hydraulic evaluation of this alignment is not possible. It is assumed that the PXP pipeline will be 12-inch diameter, therefore the hydraulic characteristics of Alignment B will only vary based on the difference in length from Alignment A. The total length used in HGL calculations is presented in Table 3-2. Table 3.2 Total Pipeline Length Alignment A Alignment B 92400 feet (17.5 miles) 95409 feet (18.07 miles) Based on the length of Alternative B, the HGL elevation required at the SLO WTP will be 1289 feet. Because the HGL being provided to the SLO WTP from the baseline NWP is 1295, a pump station will most likely be required at some point downstream of the SLO WTP to convey water to the Lopez WTP utilizing the Alternative B alignment. Nacimiento Water Study/Chapter 3 Project No. 0232.506.040 3-6 January 2006 Draft .Z~ ,/ -. .....JJlPJ. w_~ ...... ~ , ~[ ~~ i1.~ l>> (~1 t, j l ~ c.._~ ~ 'li j "" ~,~..t'&j,... ~y ~tl,,~ "''\i~:'' ...-e:;:. ~-'~ - a ~ o -..I C/) C/) .,/ '" i 7 \. \, C> ... :g I <c C> I "' I I "' " ~ '" 9; I ~ " "= '" '" '-' '" '" ~ ~ ~ " ..... ~ ~ ~ ~ ~ <!i b1 :0. <l: 'IS () .alii: ,;. en - ...... .. 1&1 3 GI - .... 0 .. III . () III"'" ==~2!8. o E :I .!!1 .. GI m..Q c _.- 0 GI a. I&. ."'_ .- a. E:I .3 'u en c: III co Z en . ~ i ~ ~ tu' <'5 ~ ~ ~ g- In !!2 ,.... ct e o ~ 5", B ~~~~t :g :t &i ~ ~ .... (,I) l- Ii. ~ 0- :J lil lj u.J ~ ~ ~~ .~~ >~ "0 0:" 19~ ii'" E .. 0" ell! os: ~ ili8 " lI! ~ 8 ~- .~ ~ > .~ ~~ -a. l!l~ iia. E'15 ~1ij 'S a.. Ji m ~ l1J ~ c " E ~ ~ ~ ~ 'S 0- " 0: . I . D D D i CHAPTER 4 TREATMENT & DISTRIBUTION This chapter gives a brief discussion on the capacity of the Lopez water treatment plant (LWTP) as it relates to the proposed Nacimiento extension project In addition, the distribution system that conveys treated Lopez water to South County agencies will be analyzed with the desired capacity (2300 AFY) to determine the feasibility of delivering additional water. 4-1 LOPEZ WATER TREATMENT PLANT The Lopez Lake water treatment plant is a conventional treatment plant that was constructed in 1969. The plant currently serves a population of approximately 45,000 residences and operates at an average flow rate of 3.0 MGD. In April 2004, Black & Veatch Engineering prepared a Basis of Design Report (BDR) for an upgrade to the Lopez WTP. The planned upgrade is designed for improvements to the treatment process to ensure a reliable supply in response to changing regulations while meeting the San Luis Obispo County Flood Control and Water Conservation District's (District) baseline needs to participating agencies. The proposed plant upgrade will include the addition of chemical pretreatment, a new membrane filtration system, and disinfection to produce water that meets or exceeds current state and national standards. A dissolved air flotation (DAF) unit will be constructed for pretreatment while an encased pressurized membrane system will be used for primary filtration. In addition to the process upgrade, the new layout includes necessary facilities for a complete operational facility including chemical storage and pump facilities along with a light maintenance facility. While the planned upgrade will ensure that product water meets the appropriate standards, an upgrade in hydraulic capacity is not anticipated. Currently the maximum capacity of the plant is 6.7 MGD. Major infrastructure for the proposed upgrade is being designed for 6.7 MGD, however the new membrane filters will be installed with an operating capacity of 6.0 MGD. Historically, the treatment plant operates at an average of 3.0 MGD, 1 MGD less than the contractual requirement from Lopez Reservoir (see Section 4-2 for discussion on entitlements). Therefore, the plant is being installed with approximately 2 - 3 MGD available capacity according to historical operation and entitlement contracts with District water customers. In the past, this available capacity was used to treat and supply surplus water to Zone 3 customers. A discussion of surplus water is provided in the following section. 4-2 ZONE 3 ENTITLEMENTS The Lopez WTP and corresponding Zone 3 (Lopez) Distribution system are owned and operated by the San Luis Obispo County Flood Control and Water Conservation District (District). The treatment and distribution of water from the Lopez Reservoir is contractually carried out according to entitlement contracts between the District and participating agencies. According to the entitlement contracts, water will be delivered on a continuous (7 days per week, 24 hours per day) basis, annually. Delivery of water shall not exceed a combined instantaneous rate of flow exceeding 3.30 cubic feet per second. Nacimiento Water Study/Chapter 4 Project No. 0232.506.040 4-1 January 2006 Draft In 1997, the California State Water Project (SWP) was completed so as to convey water from northern California to individual water agencies throughout the state. The SWP utilizes the Lopez Distribution System for conveyance of water to agencies located in the Five-Cities Area. The SWP transmission main follows Orcutt Road from the City of San Luis Obispo, terminating at the Lopez Water Treatment Plant. The SWP turnout is located directly adjacent to the WTP, in the Lopez Drive right-of-way, connecting the SWP transmission main with the Lopez Distribution System. The combination of SWP and Lopez water entitlements are shown below: Table 4-1. Lopez WTP and SWP Water Supply Entitlements by Water Contractor Lopez WTP Water Supply State Water Project Annual Entitlement Annual Entitlement Water Contractor AFY MGD AFY MGD Arroyo Grande 2290 2.04 0 0.00 Oceano CSD 303 0.27 750 0.67 Grover Beach 800 0.71 0 0.00 Pismo Beach 896 0.80 1240 1.11 Avila Valley MWC 12 0.01 20 0.02 San Miguelito MWC 0 0.00 275 0.25 Avila Beach CSD 68 0.06 100 0.09 Port San Luis 100 0.09 0 0.00 Other CSA 12 Customers 61 0.05 7 0.01 Total 4530 4.04 2392 2.14 4-2.1 Surplus Water As shown in Table 4-1, the entitlement contracts add up to slightly over 4 MGD for water supplied by the Lopez Reservoir. The entitlement contracts also outline the availability and distribution requirements for surplus water. Surplus water is defined as the portion of the Safe Yield for water remaining in the Lopez reservoir after distributions of water during the previous water year. Therefore, surplus water is calculated by subtracting the water not used during the previous year, from the Safe Yield of the reservoir. Prior to the year 2000, surplus water was typically available to District customers however, since that time, releases from the Lopez Reservoir to the downstream Arroyo Grande Creek have offset the previous surplus water availability. Unless changes in the quantity of water released to the Arroyo Grande Creek are made, it is not anticipated that surplus water will be available in the future. Treatment and distribution of surplus water is important to the availability of hydraulic capacity at both the treatment plant and Nacimiento Water Study/Chapter 4 Project No. 0232.506.040 4-2 January 2006 Draft the existing Lopez distribution system. Because the design of the treatment plant and distribution system were based on the assumption that surplus water would be available, both facilities are currently underutilized due to the elimination of available surplus water. In turn, the lack of surplus water leaves room for treatment and distribution of additional water supplies, such as water from the Nacimiento project. 4-3 LOPEZ DISTRIBUTION SYSTEM The Lopez distribution system is used to convey water to the water contractors in the five cities and Avila area. The distribution system comprises various reaches of pipeline including a distribution trunk line that consists of approximately 68,200 feet (13 miles) of transmission pipeline with diameter sizes ranging between 14-inch to 33-inch, and approximately 16,900 feet (3 miles) of 8-inch distribution main. The distribution system was constructed as four main units that were linked together to form the current system. There are three laterals designated as the Oceano Lateral, Ontario Road Lateral, and the San Luis Bay Drive Lateral. In addition to the conveyance of treated water from Lopez Lake, the Lopez distribution system conveys water from the State Water Project (SWP) with a supply turnout from the Central Coast Aqueduct Extension. The Lopez distribution system provides water service to eight water contractors. The combined Lopez Lake and SWP water deliveries currently range from 6,000 to 7,000 AFY. Table 4-1 outlines the current water supply entitlements. In May 1999, a report was prepared by Bookman-Edmonston Engineering, Inc. to evaluate the Lopez distribution system, as it was noticed that there was a significant decrease in flow capacity throughout the system. To determine the actual flow capacity of the system, the District conducted flow tests in May 1983 and again in July 1998. While the results of the flow tests suggest that a decrease in hydraulic capacity has occurred, the reason for the capacity reduction could not be determined. The effects of the lowered flow capacity are that some of the water customers are currently unable to receive their full entitlements during peak demand periods. The findings of the Bookman-Edmonston Engineering, Inc. 1999 report state that it is highly probable that the condition of the interior walls of the pipelines have deteriorated resulting in a higher pipe friction head loss and lower system pressure. In response to these findings, the County evaluated the interior walls of the pipelines to determine the extent of the damage. In the County's investigation, it was found that the interior walls of the pipeline were not deteriorating, but that a sticky aluminum silicate deposit is increasing the roughness coefficient on the inside of the pipeline, causing increased head loss and thus reduction in hydraulic carrying capacity. The County has since employed a maintenance program which includes pigging of the main distribution lines to remove some of the deposit from the interior lining of the pipes. While the design of the Lopez system was expected to meet 12 MGD hydraulic capacity when first constructed, the District has since established target delivery flow rates to reflect a more probable hydraulic capacity. According to the Bookman-Edmonston Engineering report, the target delivery flow rate for the Lopez system is 9.0 MGD (6.0 MGD for Lopez WTP and 3.0 MGD for the SWP). Based on the 1998 flow test results, the Lopez system was able to achieve just under the target delivery rates. Findings from the B-E 1999 report indicate that, while the system, in its current condition, is able to deliver the target delivery rate, these flow conditions create system pressures that are lower than what is needed to enable gravity flow to all contracted agencies. Therefore, Nacimiento Water Study/Chapter 4 January 2006 Project No. 0232.506.040 4-3 Draft customers who do not presently employ booster pumps at their respective turnouts would need to install one to maintain adequate pressure for their individual distribution systems. In order to determine the effects of increasing the flow through the existing Lopez distribution system by 2 MGD, a brief hydraulic calculation of the existing hydraulic grade of the system was performed. Figure 4-1 shows the existing hydraulic grade of the Lopez line based on actual flows and roughness coefficients determined in the 1998 flow test. Also shown is the proposed hydraulic grade with an additional 2 MGD (2300 AFY), inserted into the system at the Lopez WTP where approximately 750 AFY (400 gpm) is discharged through the Oceano, Brisco, and Grover turnouts, respectively. Based on the hydraulic calculations (see Appendix C for calculations), the difference in hydraulic grade at the Grover turnout (the point where all supplemental water would be extracted from the system) is 26 feet (294 ft -268 ft). The resulting pressure difference is approximately 12 psi. While the hydraulic grade and pressure differential between the proposed and existing flow rates do not vary significantly, it should be noted that downstream customers have already experienced hydraulic capacity limitations due to pipe wall deposits. Thus, for the purposes of this study, a low-head pumping system is recommended as part of this project to ensure adequate delivery rates and pressures to all customers. Nacimiento Water Study/Chapter 4 Project No. 0232.506.040 4-4 January 2006 Draft 'Ii =~ it .o~ , >0- ~- - / In '. '" ,.; .. . ~ ="! ON 1-/ .., ...e 'i .. / "'t .. / .. ="! 1,- I-- 0" ..e. N / In . II!. o. / .. =... -: I-- o' ...~ \ ell ~- =- t- o. \ N fA 4 =18 . I-- ~. - .... 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CHAPTER 5 REGULATORY CONSIDERATIONS To extend the proposed Nacimiento pipeline from the San Luis Obispo WTP to Lopez would involve the coordination of several regulatory bodies, including the San Luis Obispo County and the California Department of Health Services. The following chapter includes a brief discussion on the possible regulatory issues involved with the pipeline extension. 5-1 NWP CONTRACT Participants of the NWP must sign the Nacimiento Project Water Delivery Entitlement Contract (Contract) between the San Luis Obispo County Flood Control and Water Conservation District (District) for delivery of water from the pipeline (see Appendix A). Upon signing the contract, the participant agrees to any and all terms stated in the Contract. Any participant who wishes to enter into contract with the District for the NWP on any day following the day after the last day of the Design Phase shall be considered a "new participant" and will be subject to the terms and conditions specified for new participants in the Contract. The Cities of Arroyo Grande, Grover Beach, and the Ocean CSD will be considered new participants. A brief summary of the Contract contents is as follows: 5-1.1 Rescission As stated in the Contract, participants of the NWP are given the opportunity to "opt-out" if the total construction cost of the project is in excess of $150,000,000. Article 2 of the contract states that the District must provide a summary report of the Construction Bids no less than two days after bids are received. The participant then has thirty (30) days following submittal of the construction bid summary report to "opt-out" if the report summary states that construction costs will be greater than $150,000,000. The 30th calendar day following submittal of the bid summary is known as the "opt-out date". All Initial Participants and New Participants will be obligated to share the costs of the design phase of the NWP up to the opt-out date. 5-1.2 Ownership. Operation. and Maintenance As stated in Article 4 of the Contract, all facilities designed as part of the NWP, including the pumps, machinery, conduits, apparatus, fixtures, fittings, and equipment of any kind will be owned by the District and will be held and operated and maintained by the District. 5-1.3 Deliverv Entitlement Article 6 of the Contract defines the delivery entitlements to participants of the NWP. The amount, time, and rate of delivery of water will be determined on or before October 1 of each calendar year. Upon receipt of the participant's request, the District will consider the requested schedule and match as closely as possible the requests in a manner that is consistent with the efficient and economical operation of the Nacimiento Facilities. Delivery of water will be at a constant rate, 24 hours per day, 7 days per week, for 11 months out of the year, up to their maximum allocation. One month out of the year will be retained by the District for maintenance of the pipeline facilities. Nacimiento Water Study/Chapter 5 Project No. 0232.506.040 5-1 January 2006 Draft 5-1.4 Nacimiento Proiect Costs Upon entering the Contract with the District, the participant agrees to pay their share of the NWP as outlined in Article 16. The costs associated with the NWP include the following: . Nacimiento Project Construction Costs . Additional Capital Project Costs . Capital Projects Installment Debt Service . Master Water Contract Costs incurred following the first date upon which an allocation of ad volorem property taxes under Article 17(8)(5) . Capital Reserve Costs . Operation and Maintenance Costs . Variable Energy Costs . Reserved Capacity Costs . Environmental mitigation costs . Other annual or incidental costs associated with the Nacimiento Facilities. 5-1.5 Use of Reserve Water Article 29 of the Contract states that the use of reserve water will be allocated according to the following priorities: . Alleviation of a permanent water shortage . Alleviation of any temporary water shortage . Satisfaction of the District's obligation to Reserve Water Customers . Adding supplemental delivery entitlements for the initial participants or new participants In the event an initial or new participant is interested in obtaining water allocations from the reserve capacity, the District may amend the Contract in order to do so. In this case, the initial participant requesting the reserve water must pay a fee to the District (the "Purchase of Reserve Water Delivery Entitlement and Reserved Capacity Fee") amounting to a sum which will reasonably compensate the District for the Participant's Unit Percentage share of the total NWP construction costs plus the cost of any additional capital projects which are necessary or convenient for the conveyance and/or delivery of the delivery entitlement. The District shall apply the Purchase of Reserve Water Delivery Entitlement and Reserve Capacity Fee as a credit to the obligations of the initial participants based on their respective unit percentage share. 5.2 SUPPLEMENTAL EIR An Environmental Impact Report (EIR) has been prepared for the NWP by Marine Research Specialists (MRS) and was finaled in December 2003. The alignment of the NWP pipeline reviewed by MRS can be found in Figure 2-1. This alignment begins at the proposed lake Nacimiento intake and extends south through San Luis Obispo County to the San Luis Obispo water treatment plant (SLO WTP). An additional alignment was evaluated from the SLO WTP to an area near the San Luis Obispo Airport along Highway 227, however current design of the project does not include this portion of pipeline. Nacimiento Water Study/Chapter 5 Project No. 0232.506.040 5-2 January 2006 Draft Because the NWP EIR has been completed and finaled for the NWP alignment, any extension of the NWP pipeline would involve a supplemental EIR for the proposed pipeline alignment to south San Luis Obispo County. As described in Chapter 3, the Alternative B alignment would involve the utilization of the PXP pipeline, which spans a portion of the distance from SLO to Lopez. Based on the projected timing of the projects, the PXP pipeline would already be installed, with EIR documentation completed, by the time the NWP extension would be utilized. Therefore, the required environmental review for Alternative B would be considerably shorter than that for Alternative A (Figure 5-1). Table 5-1. Supplemental EIR Length Alignment A Alignment B 8.3 Miles 3.1 Miles 5-3 ZONE 3 ENTITLEMENT CONTRACT As discussed in Chapter 4, the Stakeholders are currently under contract, as they are recipients of water from the Lopez Reservoir and Lopez water distribution system. A copy of the Zone 3 Entitlement Contract is included as Appendix B of this report. Being that the delivery of water through the existing Lopez (Zone 3) Distribution System is established according to the contents of the Zone 3 Entitlement Contract, any alteration of treatment or delivery of water through this system would require a change in the current entitlement contracts used today. Changing these contracts would require agreement from all other Zone 3 customers (shown in Table 4-2). Nacimiento Water Study/Chapter 5 Project No. 0232.506.040 5-3 January 2006 Draft CHAPTER 6 LIFE CYCLE COST ANALYSIS This chapter outlines the estimated costs associated with the various aspects of the Nacimiento Pipeline Extension. Probable costs associated with the pipeline extension will include: baseline costs for the NWP, capital and O&M cost of the pipeline extension, Lopez Water Treatment Plant and distribution system upgrades, and permit fees. 6-1 NACIMIENTO WATER PROJECT The Nacimiento Water Project (NWP) design is in process, with planning and preliminary design complete. Cost estimates for the preliminary design have been calculated and initial participants have agreed to specific costs, as stated in individual contracts. The costs associated with the NWP are discussed in section 5-1.4. Based on the cost estimates prepared to date, the City of San Luis Obispo will pay a total of $1,702 per year per acre-foot of water. It should be anticipated that any extension further south of the City of San Luis will incur $1,702 per acre-foot of water as a baseline cost for the NWP. This cost can be broken down into $1,391 for the 30-year payback on the capital construction cost of the NWP and $398 for annual operations and maintenance of the pipeline and accompanying infrastructure. In addition to the annual fee, new participants must contribute a one-time, lump-sum design fee of $1,962 per acre-foot to account for engineering and design of the Nacimiento Water Project to date. An additional cost of $87 per acre-foot to compensate for costs incurred previously by the participating agencies for preliminary evaluation, an engineering feasibility report, and an EIR could potentially be placed on new participants, however the Nacimiento Water Project Commission must vote on enacting this additional fee, therefore it is not a guaranteed cost at this time. 6.2 PIPELINE EXTENSION Extension of the proposed NWP would most likely include construction of a welded steel pipeline and, depending on the diameter and alignment, an intermediate pump station. The following is a breakdown of the probable costs associated with each alignment alternative. 6-2.1 Alternative A As discussed in Chapter 3 the use of a 12-inch diameter pipeline for the pipeline extension would require a hydraulic grade of approximately 1260 feet at the SLO WTP, whereas a 16-inch pipeline would need 575 feet. The actual hydraulic grade being supplied to the SLO WTP from the NWP has not yet been determined, however preliminary design show the HGL at 1295 feet. Because it should be expected that the head loss in the 12-inch pipe will increase over time, a booster pump may be needed to maintain adequate pressure as the pipeline ages. For comparison purposes, the costs associated with the construction of both a 12-inch diameter pipe with a booster station, and a 16-inch diameter pipe without booster station are presented in Table 6-1. Nacimiento Water Study/Chapter 6 Project No. 0232.506.040 6-1 January 2006 Draft Table 6-1. Alternative A Capital Cost Comparison Alignment A Options Capital Cost' 12" Transmission Main' $18,730,000 16" Transmission Main $23,100,000 ., Capital cost calculated according to urnt cost of pipe, $200/lf for 12-lnch and $250/lf for 16-lnch. While a 16-inch pipeline would accommodate a lower hydraulic head requirement, the cost of the larger pipeline exceeds the life cycle cost of installing a 12-inch line with a booster pump. Therefore, it is recommended that a 12-inch pipeline with a booster pump be installed for Alternative A of the Nacimiento pipeline extension. The cost breakdown for Alternative A can be found in Table 6-2. 6-2.2 Alternative B Because it is assumed that the PXP pipeline will be a 12-inch pipeline, the Alternative B alignment will be analyzed according to the costs associated with a 12-inch line. Because the Alternative B alignment includes the utilization of the PXP water pipeline, this length of pipe can be removed from the construction cost estimate. It can be assumed that the portion of the PXP pipe being used for the Nacimiento extension will have an operations and maintenance cost associated with it, however actual construction costs should be minimal. Construction costs are limited to the cost of tie-in to the newer pipeline and any additional modifications. Table 6-3 outlines the costs associated with the Alternative B option. As with Alternative A, the required hydraulic grade for the 12-inch diameter pipe is very close to the proposed HGL of 1295 feet, therefore it is recommended that a booster pump be included in the event the head loss increases over time. Adding a booster pump to the design of the pipeline extension will also verify that, in the event the final design of the NWP includes a hydraulic grade of less than 460 feet at the SLO WTP, a sufficient amount of head will be available to convey water from SLO to Lopez. 6-2.3 Conclusions According to the cost breakdown for each alternative, Alternative B is the most cost effective option for the Nacimiento pipeline extension. Utilization of the PXP pipeline will contribute to a considerable cost savings for the project since construction of approximately 76,000 feet of the Nacimiento extension alignment will have already been completed. However, since the schedule and eventual outcome of the PXP project is still uncertain, utilization of Alternative B is uncertain. Table 6-2. Alternative Cost Comparison' Alignment A Options Life Cycle Cost Alternative A $1998/Acre-Foot Alternative B $1357/Acre-Foot Life cycle cost Includes capital and operallonal cost associated With pipeline extension only, does not include cost associated with NWP, treatment, or distribution. Nacimiento Water Study/Chapter 6 Project No. 0232.506.040 6-2 January 2006 Draft QTY Table 6-3. Alternative A Life Cycle Cost IUNIT IDESCRIPTION UNIT PRICE !TOTAL COST Construction C~tal Costs I- 1 LS 2,300 AF 2,300 AF 92.406' LF 2,300 AF 2,300 AF 1 LS Supplemental EIR .__..~__._.,~ $ NWP - Design Fee _ __ _ _ ___ $ NWP - Possible Reimbursement Fee _ ,. $ 12" CML&C 0.25" Thick Steel Pipe $ ..---.!:.~ez Existing Water SystemQ~!?t Seryice ..$ Lopez Upgrade Debt Service ..-_......_ $ Booster Station .. ,. $ Construction Subtotal 100,000.00 $ 100,000.00 1,962.00 $ 4,512,600.00 87.00 $ 200,100.00 200.00 "$"'" .18,480,000.00 278.11 '$'~._ 639,664.37 404.95"$ 931.388.15 250,000.00 '$'" 250,000.00 I $ 25,113,752.52 F:'. ____,.~,f9~struc.!L~~_l!_~J_~-~---- 20% Continnencv i Total Construction Cost $ $ $ 25,113.,~ 5,022,750.50 30,136,503.02 Annual <5"Oerations and Maintenance Costs 2,30~ NWP, O&M ' $ -------..1J!-S Pipeline Extension O&M'-'-"--- ----.. ! $ ..mo. n___n 2,306 fAF------. Lanez Distributiori-S~leiTl O&"M 1 $ O&M Subtotal 1,70200 I $ 1.Q.'!Q,OOO QQ I i 453.90 I $ 1$ .3.91.:!,~ 1...0Q.O"OOOcOo. 1 ,043,958.68 5,958,558.68 L______ O&M Subtotal I Total O&M Cost 1 $ ... 5,958,558.68 I $ 5,958,558.68 20-Year Life O;-cle Cost _~._. 1 IAF ICapital Cost' 1 ILS IAnnualO&M _ _.__~. I $ 30,136,503.02 $ I $ 5,958,558.68 $ Project Life Cycle Cost $ 2,844,584.52 5,958,558.68 8,803,143.20 TOTAL COST PER ACRE.FOOTI $ 3,827.45 Table 6-4. Alternative B Life CYCle Cost QTY 'UNIT IDESCRIPTION 'UNIT PRICE ITOTAL COST Construction C~tal Costs 1 LS Sunnlemental EIR $ 75,000.00 $ 75,000.00 2,300 AF NWP - Desion Fee $ 1,962.00 $ 4,512,600.00 2,300 AF NWP - Possible Reimbursement Fee $ 87.00 $ 200,100.00 16,368 LF 12" CML&C 0.25- Thick Steel Pipe $ 200.00 $ 3,273,600.00 2,300 AF LODez Existino Water Svstem Debt Service $ 278.11 $ 639,664.37 2,300 AF Lopez Upgrade Debt Service $ 404.95 $ 931,388.15 1 LS Booster Station LODez Dist. Svstem $ 250,000.00 $ 250,000.00 Construction Subtotal $ 9,882,352.52 r Construction Subtotal I $ 9,882,352.52 20% Continnencv I $ 1,976,470.50 Total Construction Cost $ 11,858,823.02 Annual ~erations and Maintenance Costs 2,300 AF NWP . O&M $ 1,702.00 $ 3,914,600.00 1 LS Pipeline Extension O&M1 $ 855,335.00 $ 855,335.00 2,300 AF Lonez Distribution ~tem O&M $ 453.90 $ 1,043,958.68 O&M Subtotal $ 5,813,893.68 O&M Subtotal I 1$ 5,813.893.68 Total O&M Cost 1$ 5,813,893.68 20-Year Life O;-cle Cost 11AF ICapital Cost2 I $11,858,823.02 $ 1,119,354.31 1 ILS Annual O&M I $ 5,813,893.68 $ 5,813,893.68 Project Life Cycle Cost $ 6,933,247.98 TOTAL COST PER ACRE.FOOTI $ 3,014.46 15% of pipeline extension construction cost 2(AlP.7%,20) Nacimiento Water Study/Chapter 6 Project No. 0232.506.040 6.3 January 2006 Draft 6-3 TREATMENT & DISTRIBUTION Because the proposed Nacimiento pipeline extension includes the use of existing facilities, such as the Lopez Water Treatment Plant and the Lopez (Zone 3) Distribution System, costs for utilizing these facilities must be included in the overall life cycle cost analysis for the project. According to information gathered from the District, current costs for utilization of the Lopez WTP and distribution system are summarized in Table 6-4. Table 6-5. 2005-2006 Zone 3 Annual Wheeling Costs Arroyo Grande Grover Beach Oceano Entitlement (AFY) 1 2290 800 303 Debt Service $701,905 $176,031 $65,708 O&M $1,019,996 362,908 $157,162 Annual Total $1,721,902 $538,939 $222,871 Total water Zone 3 entitlements equal 4,530 AFY In addition to the values presented in Table 6-4, Zone 3 customers will be required to share the cost of the proposed treatment plant upgrade. While these costs have not been finalized, proposed cost (including debt service) are outlined in Table 6-5. Table 6-6. Proposed Annual Cost for Lopez WTP Upgrade Arroyo Grande Grover Beach Ocean 0 Treatment Upgrade 1 $927,000 $324,000 $123,000 " Estimated cost from SLO County 12-20-05, Includes WTP reserve payment for first 10 years of financing. In order to determine the value associated with treating and distributing an additional 2300 AFY through the Lopez system, the costs presented in Tables 6-4 and 6-5 were averaged and a total cost per acre-foot of water was determined. According to the values above, the average annual cost for utilization of the Zone 3 facilities for treatment and distribution is $1137 per acre-foot of water ($683/AFY for repayment of debt service and $454/AFY for operation and maintenance). 6-4 LIFE CYCLE COST ANALYSIS A total life cycle cost analysis has been prepared based on the values summarized in the previous three sections. The costs included in this report represent a life cycle cost, per acre-foot, for an estimated period of 20 years at an interest rate of 7%. The costs were developed based on engineering judgment, confirmed bid prices for similar work in the Central Coast area, consultation with vendors and contractors, established budgetary unit prices for the work, and other reliable sources. Hard construction costs are escalated by a factor of 1.4, to allow budget for "soft costs" that include preliminary Nacimiento Water Study/Chapter 6 Project No. 0232.506.040 6-4 January 2006 Draft engineering, engineering, administration, construction management and inspection costs. All costs are expressed in Year 2005 dollars. In the future, proiect costs should be escalated usinq an ENR Construction Cost Index of 7647 December 2005 (current costs) relative to future construction cost indices.. Table 6-7 summarizes the results from Tables 6-3 and 6-4. These values represent hard and soft costs with a 20% contingency added all capital cost estimates. Life cycle cost were determined based on 7% interest for a 20-year period: Table 6-7. Life Cycle Cost Summary Alternative A Alternative B Capital Cost $30,136,503 $11,858,823 Operations & $5,958,558 $5,813,893 Maintenance 20-Year Life Cycle $3827/AC-FT $3014/AC-FT Nacimiento Water Study/Chapter 6 Project No. 0232.506.040 6-5 January 2006 Draft CHAPTER 7 SUMMARY This chapter presents a summary of findings and information provided in this report. A summary of the alignment options and the treatment and distribution viability is provided for this Nacimiento pipeline extension analysis. 7-1 ALIGNMENT ALTERNATIVES Both alignment alternatives are similar in length and hydraulic design, therefore these characteristics are not the determining factor in the final alignment recommendation. While the cost of Alignment B could be more reasonable than that of Alignment A by utilizing the PXP pipeline, the timeline for the PXP project is still uncertain and choosing this alignment for recommendation could result in extra unforeseen costs associated with alignrnent alterations or last-minute changes, increasing construction costs. A comparison of both alignment alternatives has been provided in Table 7.1 to outline the pros and cons of either option. Table 7.1 Alignment Comparison Alignment A: Orcutt Rd Alignment B: PXP . lrnplementation/Timeline . Less expensive option PROS Known . EIR completed for majority of alianment . More expensive . Timeline of pipeline availability CONS . Requires Supplemental EIR uncertain for maioritv of alianment . Timeline of proiect uncertain At this time, both alignment alternatives should be considered as viable for the Nacimiento pipeline extension. From a cost standpoint, it wauld be preferable to utilize Alignment B, therefore the PXP project should be evaluated for viability with the proposed Nacimiento extension as design of either project progresses. 7-2 TREATMENT & DISTRIBUTION 7-2.1 Treatment The Lopez WTP will have 6.0 MGD operating capacity after the proposed upgrade is completed, however existing entitlements for water from the Lopez Reservoir currently add up to slightly more than 4.0 MGD. Theoretically, that leaves approximately 2.0 MGD operating capacity available for treatment of additional water. If the proposed Nacimiento extension were constructed, expansion of the treatment plant membranes would be required to accommodate the additional 2300 AFY. Alterations of the . treatment plant membranes would require that an additional membrane rack be installed, increasing the operational capacity of the plant to 6.7 MGD. In addition, existing contract entitlements to water treated at the Lopez WTP would need to be altered in order to accommodate an additional 2.0 MGD. Nacimiento Water Study/Chapter 7 Project No. 0232.506.040 7-1 January 2006 Draft 7-2.2 Distribution The distribution system would also likely require alterations in order to accommodate the additional flow. Based on the discussion from Chapter 4, the existing Lopez Distribution System is experiencing difficulty meeting target delivery flow rates. An aluminum silicate deposit has formed on the interior lining of the pipes, increasing headloss and reducing hydraulic capacity. While the capacity reduction has resulted in some customers being unable to receive their required pressure for distribution, the target delivery flow rates for the entire system are being maintained. The target delivery through the entire system is 9.0 MGD (6.0 MGD from Lopez and 3.0 MGD for SWP). Contractual delivery, based on entitlements, add up to 6.2 MGD. Therefore, the difference between the target delivery and actual delivery at this time is 2.8 MGD. As discussed above and in Chapter 4, due to the release of water from the Lopez Reservoir to Arroyo Grande Creek, surplus water is no longer available to water customers. Since surplus water is not available, it is unlikely that the Lopez distribution system will convey more than 4 MGD from the Lopez treatment plant without an alteration to the existing water entitlements. Therefore, because the proposed additional 2.0 MGD from the Nacimiento pipeline extension would, in essence, replace capacity previously reserved for surplus water and would still equate to less than the target delivery flow rate of 9.0 MGD for the distribution system, the system should have sufficient hydraulic capacity to accommodate the desired additional 2300 AFY of flow. Nacimiento Water Study/Chapter 7 Project No. 0232.506.040 7-2 January 2006 Draft CHAPTER 8 IMPLEMENTATION & TIMELlNE This chapter outlines the proposed timeline that would be expected for the Nacimiento supplemental water project. This implementation and timeline incorporates the various aspects of environmental review and permitting, preliminary and final design, bid phase and construction. 8.1 TIMELlNE The following is a list of key project tasks, listed in the order they would most likely occur. Some of these tasks will overlap during the implementation phase. . Feasibility Study (this report) . Agency Agreements - 3 months . Planning and Preliminary Design - 4 months . Project Financing - 6 months . Environmental Impact Review (EIR) - 18 months . Detailed Design -10 to 12 months . Permitting (3 months, concurrent with design) . Bid Phase - 4 months . Construction - 12 months 8-1.1 Aqency Aqreements If the City of Arroyo Grande, City of Grover Beach, and Oceano CSD were to reach consensus that the Nacimiento supplemental water project were to move forward, it is anticipated that this decision would occur at some point in time following adoption of each respective Council/Board of this feasibility study. It is assumed that this study would be completed and approved in February 2005 by each member agency, and that these agencies as a whole, would in turn execute an Agreement to proceed with the supplemental water supply project. The estimated time required for the agencies to formulate Agreements to authorize this supplemental project is 3 months. 8-1.2 Planninq and Preliminarv Desiqn Onoe the agencies are under Agreement for this project, the planning/preliminary engineering phase may begin. The agencies will need to send out Requests for Proposals (RFPs) to qualified engineering firms, and select and hire a consultant to perform the preliminary design services. Once selected, the design firm will need approximately 4 months to complete preliminary design, including approvals from the respective Councils and the Oceano CSD Board. The preliminary design report will not only define the various physical components of the project, but will also update the probable project costs from this feasibility study. The preliminary design report will need to update NWP design elements that are potentially undergoing change, particularly hydraulic gradeline. 8-1.3 Proiect Financinq Immediately following the preliminary design phase, the agencies will need to prepare a financing plan for the approved project, and also must seek financial approval from respective City Council and the Oceano CSD Board for funding the project. The Nacimiento WaterStudy/Chapter 8 Project No. 0232.506.040 8-1 January 2006 Draft agencies should hire a qualified financial planner to assist the agencies with project financing, including seeking any grant and loan options available to the Project. At this time, it is not known what potential available funding may be obtained; thus, it is difficult to develop a specific timeline. If, for example, Prop 50 or State low interest financing is available, certain funding requirements of the lending agency must be met. For the purposes of this study, a time frame of 6 months is estimated to secure a financing plan for the Project. This task can be conducted in conjunction with the environmental review task. 8-1.4 CEQA/Environmental Review It is possible that once a preliminary design concept is substantially defined, the environmental review process can begin prior to final approval of preliminary design. However, since the project elements could change during the review process, it is advisable to begin the environmental review process after concurrence from project . participants that the project description is firm. Thus, the CEQA/environmental review process is anticipated to begin immediately following the approval of the preliminary design. This process is anticipated to take a minimum of 18 months to complete. 8-1.5 Detailed Desiqn The detailed design task for this project is anticipated to require approximately 8 months, following notice to proceed to a qualified consultant. It is assumed that there are no right-of-way acquisition issues associated with the project, and that the first order of business would be the survey and geotechnical tasks for design, followed by utility collection, and plan and profile design, and design of booster stations (on pipeline extension to Lopez forebay, and/or on the Lopez transmission main downstream of the water treatment plant), if needed. With consultant RFPs and the selection process, the entire design phase is anticipated to take 12 months. It is also recommended that the detailed design phase not commence until such time that the environmental review process is completed. 8-1.6 Permittinq Permitting for the Nacimiento pipeline extension is anticipated to be relatively minor. At this time, we anticipate a County encroachment permit only. It is envisioned that the Plains XP pipeline alignment would require some easement and property acquisitions that could take considerable time; however, it is not certain if this project will move forward. With the "Option A" Nacimiento pipeline extension alignment, the pipeline remains in County right-of-way the entire alignment until it reaches the Lopez Forebay. Permitting for this project is anticipated to occur concurrently with detailed design. and additional time for permitting beyond the design phase, is probably minimal. 8-1.7 Bid Phase and Construction Once the design phase is complete, the project may be sent out for contractor bids, and then construction may begin. The bidding process, from bid advertisement to bid evaluation and award of contract, generally requires 3 to 4 months. Construction of the Nacimiento pipeline project, extending the pipeline to the Lopez forebay, is a total of approximately 18 miles, or 95,000 lineal feet. For a pipeline of such length, it is likely that construction will be concurrent from multiple headings. However, it is anticipated that a construction window of 12 months be allocated, to allow for Nacimiento Water Study/Chapter 8 Project No. 0232.506.040 8-2 January 2006 Draft contractor mobilization, inclement weather and unforeseen delays, equipment procurement, project construction wrap-up of punch list items, and start-up and testing. 8-2 OVERVIEW OF PROJECT TIMELINE Since an exact "start" time is not known for this project, we have prepared an overview of the project timeline based on number of months following completion of the feasibility study. The anticipated timeline is summarized in Table 8-1. Table 8-1. Proposed Timeline Begin Completion Task or Milestone (Months Following Completion (Months Following Completion of Feasibility Study) of Feasibility Study) Feasibility Study NA 0 Agency Agreements 0 3 Planning/Preliminary 3 7 Desian Project Financing 7 13 CEQA/Environmental 13 31 Review Detailed Design 31 43 Permitting 40 43 Bid Phase 44 47 Construction 47 60 (5 years) Based on Table 8-1, it is anticipated that this Project would require a minimum of 5 years to complete, following the feasibility analysis. Given that the Nacimiento water project is not anticipated for completion until Year 2010, if this supplemental water project were to begin "today", the project could conceivably be completed at about the same time as the start up of the Nacimiento water project. If the Plains XP pipeline (Option B) is implemented, the project timeline could be considerably longer, given the fact that the Plains XP pipeline would not be available for use for approximately 10 years or until such time that Plains XP no longer needs the pipeline for oil field water production. Nacimiento Water Study/Chapter 8 Project No. 0232.506.040 8-3 January 2006 Draft APPENDIX A: NWP CONTRACT NACIMIENTO PROJECT WATER DELIVERY ENTITLEMENT CONTRACT INSERT NAME OF PARTICIPANT 45471069.2 ARTICLE 1: ARTICLE 2: ARTICLE 3: ARTICLE 4: ARTICLE 5: ARTICLE 6: ARTICLE 7: ARTICLE 8: ARTICLE 9: ARTICLE 10: ARTICLE 11: ARTICLE 12: ARTICLE 13: ARTICLE 14: ARTICLE 15: ARTICLE 16: ARTICLE 17: ARTICLE 18: ARTICLE 19: ARTICLE 20: ARTICLE 21: ARTICLE 22: ARTICLE 23: ARTICLE 24: ARTICLE 25: 45471069.2 TABLE OF CONTENTS PAGE DEFINITIONS ................. ..... ..................... ................ ............................ .......... 1 TERM OF CONTRACT; RESCISSION......................................................... 9 CONSTRUCTION OF THE NACIMIENTO FACILITIES ......................... 11 OWNERSHIP, OPERATION AND MAINTENANCE OF NACIMIENTO FACILITIES ........................................................................ 12 EXISTING OBLIGATIONS: MASTER WATER CONTRACT AND PRIOR COMMITMENT WATER................................................................ 13 DELIVERY ENTITLEMENT ....................................................................... 14 WATER YEAR DELIVERY AMOUNTS AND SCHEDULE.................... 15 PLACE OF DELIVERY ................................................................................ 15 MEASUREMENT OF DELIVERY ENTITLEMENT AND SURPLUS W ATER....................................................................................... 16 NO RESPONSIDILITY ................................................................................. 16 WATER QUALITy....................................................................................... 16 SURPLUS W ATER....................................................................................... 17 CURTAILMENT OF DELIVERy................................................................ 19 NACIMIENTO PROJECT WATER SHORTAGES .................................... 19 LIMITATIONS ON OBLIGATION TO FURNISH WATER...................... 21 OBLIGATIONS FOR NACIMIENTO PROJECT COSTS .......................... 21 CONTRACT PAYMENTS ...........................................................................25 USE OF TOTAL P ARTICIP ANT CONTRACT PAYMENTS.................... 27 OBLIGATION TO "TAKE-OR-PAY" .........................................................28 PARTICIPANT'S PLEDGE AND COVENANTS....................................... 28 WATER ENTERPRISE OPERATION AND MAINTENANCE................. 29 COVENANTS OF THE DISTRICT AND THE P ARTICIP ANT; SPECIAL TAX COVENANTS..................................................................... 30 NO OUTSIDE SERVICE.............................................................................. 35 FAILURE TO LEVY, SET OR COLLECT TAXES, RATES AND CHARGES; ESTABLISHMENT OF COVERAGE ACCOUNT................. 35 P ARTICIP ANT'S OBLIGATIONS SEVERAL AND NOT JOINT; STEP-UP PROVISIONS AND REIMBURSEMENT .................................. 36 ARTICLE 26: ARTICLE 27: ARTICLE 28: ARTICLE 29: ARTICLE 30: ARTICLE 31: ARTICLE 32: ARTICLE 33: ARTICLE 34: ARTICLE 35: ARTICLE 36: ARTICLE 37: ARTICLE 38: ARTICLE 39: ARTICLE 40: ARTICLE 41: ARTICLE 42: ARTICLE 43: EXECUTION: TABLE OF CONTENTS PAGE EVENTS OF DEFAULT; DISTRICT'S REMEDIES .................................. 37 CHANGES IN ORGANIZATION ................................................................ 39 ADDITIONAL CAPITAL PROJECTS......................................................... 39 USE OF RESERVE WATER........................................................................ 40 USE OF RESERVED CAPACITy............................................................... 42 UNIFORM CONTRACTS ............................................................................43 AMENDMENTS TO CONTRACT .............................................................. 43 ESTABLISHMENT OF NACIMIENTO PROJECT COMMISSION.......... 44 OPINIONS AND DETERMINATIONS; GOOD FAITH ............................ 45 WAIVER OF CONTRACT RIGHTS ........................................................... 45 NOTICES.......................................................................................................45 ASSIGNMENT ..............................................................................................46 INSPECTION OF BOOKS AND RECORDS ..............................................46 SEVERABILITY ...........................................................................................46 WATER RIGHTS .......................................................................................... 47 GOVERNING LAW ..............................................................:..............,........ 47 VALIDATION ...............................................................................................47 COUNTERPARTS ........................................................................................48 ........................................................................................................................48 EXHIBIT A: UNIT DESCRIPTIONS EXHIBIT B: ENVIRONMENTAL IMP ACT REPORT ENTITIES 45471069.2 11 NACIMIENTO PROJECT WATER DELIVERY ENTITLEMENT CONTRACT This Water Delivery Entitlement Contract (the "Contract"), made this _ day of , 2004, by and between the San Luis Obispo County Flood Control and Water Conservation District, a Flood Control and Water Conservation District duly established and existing under the San Luis Obispo County Flood Control and Water Conservation District Act, Act 7205 of the Uncodified Acts of the California Water Code (the "District"), and INSERT NAME OF P ARTICIP ANT, a located within the County of San Luis Obispo (the "Participant"), as follows: WITNESSETH: WHEREAS, the lands and inhabitants within the jurisdiction of the Participant are in need of water; and WHEREAS, the District has certain rights to water stored in the Nacimiento Reservoir located in the northwest corner of the County of San Luis Obispo (the "County") and the District is willing to provide a portion of said water to the Participant and to other public water distribution agencies within the District; and WHEREAS, the Participant desires to contract with the District for the supply of additional water for the use and benefit of the lands and inhabitants served by the Participant; and WHEREAS, the Participant and the District desire to join with other public water distribution entities within the District to have the District finance, construct and operate a water system which will convey the District's waters from the Nacimiento Reservoir to the Participant and to the other public water distribution entities all on the terms and conditions hereinafter set forth; NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the Participant and the District as follows: ARTICLE 1: DEFINITIONS (A) Unless the context otherwise requires, the terms defined in this Article shall, for all purposes of this Water Delivery Entitlement Contract, have the meanings set forth in the 'Recitals hereof or hereunder specified, to be equally applicable to both the singular and plural forms of any of the terms herein defined, Defined terms used herein without capitalization shall have the same meanings as the corresponding capitalized defined terms but do not refer to the specific Participant hereunder. "Additional Capital Project" shall mean one or more capital projects related to the Nacimiento Facilities, or other improvements or repairs to the Nacimiento Facilities, undertaken 45471069.2 1 from time to time by the District in addition to the Nacimiento Project, which is an Approved Additional Project, an Emergency Project or a Required Additional Project. "Additional Capital Proiect Costs" shall mean costs expended or incurred by the District for Additional Capital Projects and not attributable to, financed by or included in Capital Projects Installment Debt Service. "Additional Debt" shall mean, as to the Participant and its Water Enterprise, and as to the Water Enterprises, individually, of the respective Other Participants, such debt or similar obligations to be payable from the revenues of such Water Enterprise, as may be permitted under the terms of the Legal Documents. "Aooroved Additional Project" shall mean a capital improvement to the Nacimiento Facilities that has been agreed to by the Participant and/or certain Other Participants, and that will be paid by that group within All Participants which has requested or agreed to such capital improvement. "All Participants" shall mean those public or private entities then participating in the Nacimiento Pipeline by the purchase of Project Water under this Contract or a Like-Contract. "Board of Supervisors" shall mean the Board of Supervisors of San Luis Obispo County acting as the governing board of the County Flood Control and Water Conservation District. "Calendar Ouarter" shall mean each three (3)-month period commencing on January 1, Aprill, July 1, and October 1 of each year. "Calendar Year" shall mean each twelve (12)-month period commencing January 1 and ending December 31, both dates inclusive. "Capital Projects" shall mean and include the following terms, each of which is separately defined herein: Additional Capital Projects; Approved Additional Projects; Required Additional Projects; Emergency Projects and the Nacimiento Project. "Capital Proiects Installment Debt Service" shall mean payments on debt or similar obligations incurred by the District for the Nacimiento Facilities consisting of, in the aggregate, (a) principal and interest (or mandatory sinking fund payments, installments or lease or similar payments due) with respect to all Municipal Obligations at the time outstanding in accordance with their terms, provided that capitalized interest funded from the proceeds of Municipal Obligations need not be taken into account, (b) annual costs of administering the Municipal Obligations, including the annual fees of any trustee or paying agent therefor, and (c) the costs; if any, of annual credit enhancement for the Municipal Obligations, whether or not based on a derivative structure as provided in Section 5922(a) ofthe Government Code. In the event, and to the extent that, any Additional Capital Project is financed by means of the issuance of a series of additional Municipal Obligations, then the payments and costs associated with the additional Municipal Obligations shall become a part ofthe Capital Projects Installment Debt Service. "Capital Reserve Costs" shall mean the District's annual costs of maintaining Capital Reserves, determined by the District and budgeted annually by the District as provided for in 45471069.2 2 Article 4(C) hereof, to be apportioned among All Participants as provided for in Article 16(C)(l) hereof. "Capital Reserves" shall mean those reserves established and maintained by the District for (i) Scheduled Maintenance or (ii) for anticipated costs of a Required Additional Project imposed, or likely to be imposed, by a Governmental Authority (an "External Requirement") in order for the District to continue to operate the Nacimiento Facilities, provided however, that the District shall not expend any portion of the Capital Reserves for any External Requirement until and unless such External Requirement becomes a final order of such Governmental Authority, not subject to further appeal. Such Capital Reserves may be established either, (i) on a year-to- year basis by the District in its annual budgets, copies of which shall be supplied to the Participant promptly following adoption, or (ii) on a multi-year basis by the District through the development and promulgation to the Participant of a long-term capital improvement plan of the District; provided, however, that no Approved Additional Projects shall be funded from the Capital Reserves. "Commission" or ''Nacimiento Proiect Commission" shall mean the commission formed of a representative of the Participant, each Other Participant and the Board of Supervisors, to operate as provided under Article 33 hereof. "Construction Bids" shall mean the bids for construction of the Nacimiento Project, as further described in Article 2(B). "Construction Phase" shall mean the period of time following the opening of the final Construction Bid, during which the District shall apply the proceeds of the Municipal Obligations to pay the Nacimiento Project Costs. "Consultants" shall mean contractors, environmental specialists, engineers, financial advisors, underwriters, attorneys, accountants and similar consultants under contract with the District to perform services related to the Nacimiento Project or the Nacimiento Facilities. "Contract Pavrnents" shall mean those payments due from the Participant to the District, representing the Participant's pro rata share of Nacimiento Project Costs. "Costs" shall include the following terms, each of which is separately defined herein: Additional Capital Project Costs; Contract Costs; Nacimiento Project Construction Costs; Master Water Contract Costs; Nacimiento Project Costs; Reserve Water Costs; and Variable Energy Costs. "County Treasury Pool" shall mean the Treasury Pool of the County of San Luis Obispo, California. "Coverage Account" shall mean an account established for the Participant either with the District or with a Depository, as provided in Article 24 hereof. "Coverage Factor" shall mean one hundred twenty-five percent (125%) of Participant's pro rata share of Capital Projects Installment Debt Service, determined in accordance with Article 20(C) hereof, calculated for each Fiscal Year. 45471069.2 3 "CPA" shall mean a certified public accountant or firm of certified public accountants. "Debt Service Shortfall" shall mean the aggregate amount of Delinquent Debt Service Payments due from Defaulting Participants on the Due Date in question. "Delinquent Debt Service Payment" shall mean those payments of Capital Projects Installment Debt Service due under this Contract or any Like-Contract that are not, in fact, paid on its Due Date. "Delinquent Participant" shall mean any of the Participant or any Other Participant which fails to meet its obligation for payment for Nacimiento Project Water hereunder or under any Like-Contract, as further described in Article 25(A) hereof. "Deliverv Entitlement" shall mean the quantity of Nacimiento Project Water which the Participant is entitled to have delivered by the District to the Participant under this Contract in any given Water Year, as set forth in Article 6(A) herein. . "Deliverv Entitlement Share" shall mean the proportion of the Delivery Entitlement as compared to the Total Delivery Entitlement Obligation in any given Water Year. "Depositorv" shall mean a financial institution designated for the deposit and administration of the Participant's Coverage Account, as and when appointed in accordance with Article 24 hereof. "Design Phase" shall mean the period of time during which the proceeds of the Notes are being expended to finance the costs of design, engineering and planning for the construction of the Nacimiento Project. The Design Phase shall conclude with the opening of the final construction bid for the Nacimiento Project. "Due Date" shall mean the date upon which each payment of Capital Projects Installment Debt Service is required to be made by the Participant or any Other Participant hereunder or under a Like-Contract. "Effective Date" shall mean the date upon which all Initial Participants have executed and delivered this Contract and the Like-Contracts to the District, and the District has executed each of this Contract and such Like-Contracts. "Emergencv Proiects" shall mean those Additional Capital Projects undertaken by the District without notice to or consultation with the Participant, any Other Participant, or the Commission, whenever the District determines that there is a substantial risk of hann to the Nacimiento Facilities or to the operation of the Nacimiento Facilities which requires immediate remedy. "Fiscal Year" shall mean the twelve (12)-month period from July I ofa Calendar Year to June 30 of the immediately following Calendar Year, both dates inclusive or such other dates constituting the designated fiscal year of the Participant as shall be determined by the governing board ofthe Participant. 45471069.2 4 "Governing Board" shall mean the legislative body which at the time in question governs the Participant and is responsible for the administration and operation of its Water Enterprise. "Governmental Authority" shall mean any State of California, federal or local government authority having jurisdiction or authority over the District or the Nacimiento Facilities, or any portion thereof, empowered to regulate or control any aspect of its or their operations. "Initial Participant" shall mean the Participant and the following Other Participants, each of which has executed a Like-Contract as of the Effective Date: City of San Luis Obispo, the Atascadero Mutual Water Company and City of Paso Robles. "Legal Documents" shall mean any legal documents entered into by or on behalf of the District with respect to the Municipal Obligations. "Long-Term Proiect Debt" shall mean those Municipal Obligations, whether Tax-Exempt or Taxable as to their interest component, whose proceeds are to be expended for the costs of the Construction Phase of the Nacimiento Project. "Master Water Contract" shall mean that certain Agreement, entered into by and between the District and the Monterey Water Agency (the "Monterey Water Agency"), successor to the Monterey County Flood Control and Water Conservation District, on October 19, 1959. "Master Water Contract Costs" shall mean those amounts that the District is obligated to pay under the Master Water Contract and which are attributable to the 15,750 acre-feet per year of Nacimiento Project Water. "Municipal Obligations" shall mean all the Taxable Obligations and the Tax-Exempt Obligations, in the form of bonds, notes, certificates or similar securities, sold by or on behalf of the District to finance all or a portion of the Nacimiento Facilities or an Additional Capital Project, and specifically includes the Notes and Long-Term Project Debt. "Nacimiento Facilities" shall mean all those facilities comprising the water delivery and treatment facilities bringing water from the Nacimiento Reservoir to the Participants, to be purchased hereunder, including without limitation, the Nacimiento Project, any Additional Capital Project, the land underlying the same and any easements or similar rights associated therewith or appurtenant thereto, as they may exist from time to time. "Nacimiento Proiect" shaH mean the project described in the Nacimiento Water Project Environmental Impact Report SCH # 2001061022 certified January 2004. "Nacimiento Proiect Construction Costs" shall mean the costs of constructing any portion of the Nacimiento Project, including design, engineering, planning, environmental mitigation, equipping new facilities and/or construction efforts, accounting services, project administration and management, installation, grading, razing and building the Nacimiento Project, and includes the elements defined in Article 16(C)(3). 45471069.2 5 I. ! "Nacimiento Proiect Costs'; shall mean the sum of (i) the Nacimiento Project Construction Costs; and (ii) all other costs of operating and maintaining the Nacimiento Facilities and of all Additional Capital Projects. ''Nacimiento Proiect Water" shall mean, in each Water Year, the Total Delivery Entitlement Obligation plus the Reserve Water, but not more than Fifteen Thousand Seven- Hundred (15,750) Acre-Feet of Nacimiento Reservoir Water. Nacimiento Project Water is the source of the Delivery Entitlement, Surplus Water and Reserve Water. ''Nacimiento Reservoir Water" shall mean the Seventeen Thousand Five Hundred (17,500) Acre-Feet of water which the District has the right to take from the Nacimiento Reservoir pursuant to the Master Water Contract in each Water Year. ''Nacimiento Water Fund" shall mean the separate fund established and maintained by the District within the County Treasury Pool, into which the District shall deposit all Net Revenues and all payments received by the District under this Contract and each Like-Contract. ''Net Revenues" shall mean the sum of (a) the proceeds of sale by the District of Surplus Water, (b) revenues received by the District from Wheeling Customers, and (c) revenues received by the District from the sale of Reserve Water, less the costs of making such sales and collecting said revenues. "New Participant" shall mean and include each Other Participant which executes a Like- Contract after the Effective Date, in accordance with Article 29(C) hereof. ''Non-DelinQuent Participant" shall mean any of the Participant or any Other Participant which at the time is then complying with its obligations to pay for Nacimiento Project Water hereunder or under its Like-Contract, as set forth in Article 25(A) hereof. ''Notes'' shall mean those short-term notes to be issued by the District after the Effective Date, whether Tax-Exempt or Taxable as to their interest component, whose proceeds are to be expended for the costs of design, engineering and planning for the construction of the Nacimiento Project. "Operation and Maintenance Costs" shall mean the reasonable and necessary current expenses of maintaining, repairing and operating the Nacimiento Facilities, including District administrative expenses directly attributable to the Nacimiento Facilities, but excluding the Capital Reserve Costs and the Capital Projects Installment Debt Service, all computed in accordance with generally accepted accounting principles applicable to enterprise funds of government agencies. "Opt-out Date" shall mean the date following the Effective Date upon which the Participant may elect to opt out of the Construction Phase of the Nacimiento Project and cease to accrue obligations under this Contract, as further described in Article 2(B). "Other Deliverv Entitlement" shall mean the quantity of Nacimiento Project Water which any Other Participant is entitled to have delivered by the District under its Water Delivery Entitlement Contract in any given Water Year. 45471069.2 6 "Other Deliverv Entitlement Share" shall mean the proportion of the Other Delivery Entitlement of each Other Participant as compared to the Total Delivery Entitlement Obligation in any given Water Year. "Other Participant" shall mean any other water-distributing public agency of the State of California, city, mutual water company or other entity established under the laws of the State of California, which, having the legal power to do so, executes a Water Delivery Entitlement Contract substantially identical to this Contract for the delivery of water from the Nacimiento Facilities (a "Like-Contract''), except for Participant information, dates, Unit Participations, Participant's Unit Percentage Share and Delivery Entitlement Share, other than for the purpose of purchasing Surplus Water. "Paritv Debt" shall mean, as to the Participant and its Water Enterprise, and as to the Water Enterprises, individually, of the respective Other Participants, all Additional Debt that, by its terms, is payable on a parity with the obligations of the Participant under this Contract. "Participant Revenue Fund" shall mean that special segregated fund established with or by the District for the deposit of amounts collected from the Participant hereunder as its portion of Capital Projects Installment Debt Service. "Participations" include the following types of participation in the purchase of Project Water, each of which is separately defined herein: All Participants; Delinquent Participant; Initial Participants; New Participants; Non-Delinquent Participants; Other Participants and Participant. "Participant's Capital Share" shall mean the portion of the Total Nacimiento Project Construction Costs to be borne by the Participant, and as set forth in Article 16(C)(3). "Prior Commitment Water" shall mean 1,750 acre-feet of Project Water available to the District each Water Year from the Nacimiento Reservoir under the terms of the Master Water Contract that has been committed to persons and entities other than the Participant and the Other Participants. "Required Additional Proiect" shall mean any capital improvement to the Nacimiento Facilities that the District has determined to be necessary in order to keep the Nacimiento Facilities in good repair and operating condition and to maintain the water supply at the quality required hereunder, or which has been ordered or directed by a Governmental Authority. "Reserved Capacity" shall mean that part of the capacity of the Nacimiento Facilities which is not needed by the District for the delivery of the Total Delivery Entitlement Obligation. "Reserve Pool Water" shall mean the portion of Reserve Water remaining, if any, after the District applies and delivers the Reserve Water in accordance with the priorities set forth in Article 29(A) hereof. "Reserve Water" shall mean that part of the Nacimiento Reservoir Water remaining after the subtraction ofthe Prior Commitment Water and the Total Delivery Entitlement Obligation. 45471069.2 7 "Reserve Water Customer" shall mean any person or entity that is a party to a contract with the District pursuant to which that person or entity is obligated to purchase Reserve Water from the District. "Scheduled Maintenance" shall mean the maintenance tasks for the Nacimiento Facilities which are required to be accomplished less frequently than armually, a portion of the costs of which shall be set aside in each armual budget of the District in anticipation of such requirement. "Surplus Water" shall mean, beginning with the first Water Year during which Nacimiento Project Water is delivered to the Participant, and in each Water Year thereafter, the sum of (i) the Reserve Water for such Water Year, if any, plus (ii) the Turn-Back Pool Water for such Water Year, if any. "Taxable Obligations" shall mean those certain obligations of the District under an indenture of trust or evidenced by an installment purchase agreement or similar instrument whose proceeds are used in whole or in part to pay the costs of the Nacimiento Project, any Approved Additional Project or any Required Additional Project, the interest on which is included in gross income pursuant to federal income tax law. "Tax-Exempt Obligations" shall mean those certain obligations of the District under an indenture of trust or evidenced by an installment purchase agreement or similar instrument whose proceeds are used in whole or in part to pay the costs of the Nacimiento Project, any Approved Additional Project, or any Required Additional Contract, the interest on which is excluded from gross income for federal income tax purposes. "Total Delivery Entitlement Obligation" shall mean, subject to the Master Water Contract, the total amount of Nacimiento Project Water which the District shall make available in each Water Year as Delivery Entitlements to the Participant and Other Delivery Entitlements to the Other Participants under this Contract and under all the other Like-Contracts, and which total shall not exceed the Nacimiento Reservoir Water, less the Prior Commitment Water and less the Reserve Water. "Total Nacimiento Proiect. Construction Costs" shall mean the costs and expenses incurred by the District in the acquisition and construction ofthe Nacimiento Facilities. "Total Participant Contract Payments" shall mean all of the payments due from the Participant and the Other Participants pursuant to Articles 16 and 17 hereof and the corresponding Articles of the Like-Contracts with the Other Participants. "Turn-Back Pool Water" shall mean that part of the Delivery Entitlement which the Participant does not request be delivered for the Water Year in question in accordance with Article 7 hereof, together with those portions of the Other Delivery Entitlements which are not requested to be so delivered under the correlative provisions ofthe affected Like-Contracts. "Unit" shall mean those facilities, which collectively make up the operating segments of the Nacimiento Facilities, delineated as provided in Exhibit A. 45471069.2 8 I "Unit Percentage Share" shall mean the Participant's pro rata share of the Capital Reserve Costs, the Operation and Maintenance Costs and All Other Construction Costs Component for each Unit and as set forth in Article 16(C)(1) and (3)(c) herein; or, in the context of a Like-Contract with any Other Participant, the term ''Unit Percentage Share" shall mean and refer to the correlative pro rata share of such Other Participant or Participants. "Variable Energv Costs" shall mean the actual Nacimiento Facilities pumping energy costs incurred by the District in conveying and delivering: (i) the Delivery Entitlement and Surplus Water to the Participant and (ii) the respective Other Delivery Entitlements and surplus water to the Other Participants as defined under their respective Like-Contracts and as set forth in Article 16(C)(2) hereof. "Water Deliverv Entitlement Contracts" shall mean this Contract and the other Nacimiento Project Water Delivery Entitlement Contracts entered into by and between the District and the Other Participants. "Water Entemrise" shall mean the water system operated and to be operated by the Participant for sales of water to its customers or to the general public within the Participant's jurisdiction. "Water EnteIJJrise Charges" shall mean the rates and charges imposed and collected by the Participant for the provision of water through its Water Enterprise. "Water Rights" shall mean (a) water rights, (b) claims to water rights or (c) agreements concerning water rights, including, but not limited to, overlying, prescriptive, appropriative, riparian or pueblo rights. "Water Year" shall mean the twelve (12)-month period from October 1 of a each year to and including September 30 of next following year. "Wheeling Customer" shall mean any person or entity to which the District conveys water, other than Nacimiento Project Water, through any Unit. ARTICLE 2: TERM OF CONTRACT; RESCISSION (A) Term. This Contract shall become effective on the Effective Date and shall . remain in effect throughout the term provided by Section 3 of the Master Water Contract; provided, that if and when, through no fault of the District, one or more provisions of the Master Water Contract shall be terminated or suspended in the manner and for a cause specified in the Master Water Contract, the District's obligations to the Participant and to the Other Participants under this Contract and under Like-Contracts shall likewise be terminated or suspended; provided, however, that this Contract may not be terminated, suspended or rescinded so long as there remain outstanding any Municipal Obligations issued by the District for the Nacimiento Facilities. 45471069.2 9 (B) hnplementation of the Design Phase and Construction Bidding. The parties hereto acknowledge that the total Nacimiento Project Construction Costs are estimated to be $150,000,000 as of the Effective Date; the parties hereto further acknowledge that the actual total costs of construction of the Nacimiento Project will be determined through a competitive bid process applicable to the District at the conclusion of the Design Phase (collectively, the "Construction Bids"). The District covenants and agrees to provide All Participants with a summary report of the Construction Bids, not less than two (2) Business Days following the date upon which the last of such bids is received. In the event that the District finds it necessary or advisable to divide the Construction Phase into two or more subphases, it shall provide a summary report to All Participants of those Construction Bids it deems sufficient to begin the Nacimiento Project (which shall include Construction Bids on no less than thirty percent (30%) of the total estimated Nacimiento Project Construction Costs) and a sound estimate (which shall then be current and shall be based, as appropriate, on construction bids received) of total Nacimiento Project Costs, and shall so state and so estimate in its report to All Participants. The thirtieth (30th) calendar day following the date upon which such report is received by the Participant is referred to as the "Opt-out Date." It is understood and agreed by the parties hereto that the District will incur certain costs and expenses for the Design Phase, which it intends to pay for, in large part, from the proceeds of sale of the Notes. The Construction Bids can only be developed as a result of planning to be accomplished during the Design Phase, by the end of which, the District anticipates that all of the proceeds of the Notes will have been expended. The Participant expressly understands and agrees that the use of the Notes to finance the costs of the Design Phase is an expenditure for the shared benefit of its Water Enterprise and the Water Enterprise of each Other Participant. The District shall not award any construction contracts for the Nacimiento Project until such time as the District shall have consulted with All Participants as to whether to proceed with the Nacimiento Project, and in no event shall any award of a Construction Bid be made, nor shall any Long-Term Project Debt be issued, prior to the Opt-out Date. (C) Termination of Participation in Nacimiento Facilities bv Participant after Effective Date. Subject to the provisions of subparagraph (A) above, the Participant may withdraw from this Contract (and any Other Participant may withdraw from any Like-Contract) following the Effective Date and on or prior to the Opt-out Date, but only if the total Nacimiento Project Construction Costs shall exceed the figure given in paragraph (B) above. In order to withdraw from participation hereunder, the Participant shall provide written notice to the District and to each Other Participant that it elects to opt out of the Construction Phase. (D) Obligations of District. of All Participants and of Participant in the Event of Opting Out. The Participant agrees with the District and all Other Participants that the Initial Participants shall share the costs of the Design Phase by the expedient of remaining obligated for the repayment in full of the principal of and interest on the Notes, whether or not the Participant should subsequently take advantage of the forgoing provisions to opt out of the remaining term of this Contract. Should the Participant elect to withdraw from this Contract on the Opt-out Date, it shall nonetheless repay to the District its pro rata share (in proportion to its Delivery Entitlement Share) of the principal of and interest on the Notes by a date no later than one (1) year following the Opt-out Date. The Participant understands and agrees that the District shall not be obligated to pay any portion of the expenses for the Design Phase or the Municipal Obligations, which shall instead be the pro rata obligations of the Participant and the Other 45471069.2 10 Participants which will benefit from the Nacimiento Project, and that, in the absence of the Participant's having withdrawn on an Opt-out Date, the Participant and the Other Participants then remaining shall pay to the District pro rata (in proportion to their respective Delivery Entitlement Share or Other Delivery Entitlement Shares) the amount necessary to payor redeem any outstanding Municipal Obligations. The provisions of this Article shall survive the rescission of this Contract. (E) Rescission Following Construction of the Nacimiento Proiect. Subject to the provisions of subparagraph (A) above, this Contract may be rescinded by the unanimous written consent of the District, the Participant and all Other Participants. ARTICLE 3: CONSTRUCTION OF THE NACIMIENTO FACILITIES (A) District's Authoritv to Enter Contracts. to Engage Consultants and to Finance the Nacimiento Facilities. The Participant understands and agrees that the District will finance the acquisition and construction of the Nacimiento Facilities by means of the issuance and sale of Municipal Obligations and the Participant agrees that the District shall, and is hereby authorized to cause the execution and delivery of the Municipal Obligations on terms and conditions favorable to the District, to the Participant and to the Other Participants, and which terms and conditions will be established by the market conditions at the time of the sale of the Municipal Obligations. In particular, the Participant acknowledges and agrees that: (1) The District shall contract for the public works comprising the Nacimiento Facilities on such terms as the District, in its sound business judgment may deem in the best interests of the District, the Participant and the Other Participants, but only following consultation with the Nacimiento Project Commission; and (2) The District may engage Consultants as may be necessary and/or convenient in order to plan, fmance, acquire and construct the Nacimiento Facilities and to issue and sell the Municipal Obligations, on such terms and conditions as the District shall determine, provided, however, that the District and the Participant hereby agree that all such contracts already in place as ofthe effective date of this Contract shall be deemed valid and the costs thereof to the District shall be deemed appropriate costs and expenses . of the District in the acquisition and construction of the Nacimiento Facilities; and (3) The District may authorize and sell at either public or private sale, and cause to be executed and delivered, the Municipal Obligations at any time, or times, following the effective date hereof, to provide for the financing or reimbursement to the District of the costs of the acquisition and construction of the Nacimiento Facilities, to pay capitalized interest on the Municipal Obligations, to establish a reserve fund for the Municipal Obligations and to pay the costs of delivery thereof; and (4) The Participant shall execute and provide such instruments, certificates, agreements and opinions of counsel as may be necessary in order for the District to deliver the Municipal Obligations, including, without limitation, information for inclusion in the disclosure, document for the Municipal Obligations and a continuing 45471069.2 11 disclosure agreement to permit compliance with Rule l5c2-l2 of the Securities and Exchange Commission, respecting the Participant's [mancial condition and operations, and certificates and agreements evidencing compliance with the covenants set forth in Article 22 hereof; and (5) The Participant will cooperate with the District and its Consultants in connection with the planning, acquisition and construction of the Nacimiento Facilities and the authorization and delivery of the Municipal Obligations. (B) Commencement of Construction. The District will use its best efforts to cause or accomplish the construction and financing of the Nacimiento Facilities, the obtaining of all necessary authority and rights, and the performance of all things necessary and convenient therefor. The District will commence the acquisition and construction of the Nacimiento Facilities on any date after the Effective Date and when the following conditions have been met: (1) The District determines such acquisition and commencement of construction is permitted under the Master Water Contract and state, federal and local law; and (2) The District has received from the District's Consulting Engineer a certification that, based on contracts awarded by the District for the acquisition and construction of the Nacimiento Facilities, and based upon the Consulting Engineer's estimates of the costs of the portions of the Nacimiento Facilities for which contracts have not been awarded, the District has sufficient moneys from (i) the proceeds of the Municipal Obligations, together with (ii) estimated proceeds to be derived from any other authorized but unissued Municipal Obligations, and (iii) moneys on deposit with the District and legally available to complete the Nacimiento Facilities. ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE OF NACIMIENTO FACILITIES (A) District Ownership of the Nacimiento Facilities. The Nacimiento Facilities and all of its pumps, machinery, conduits, apparatus, fixtures, fittings and equipment of any kind, real property (including rights-of-way) and capacity are and shall be, owned by the District and shall be held and operated and maintained by the District as provided for herein. (B) District's Obiectives and Covenants. The parties hereto acknowledge and agree that the primary goal of the District under this Contract shall be to deliver Nacimiento Project Water to the Participant and to the Other Participants, subject to cost considerations, as to which the District shall be expected to exercise sound business judgment. In this regard, the District covenants and agrees that it will operate and maintain the Nacimiento Facilities in accordance with the Master Water Contract, all govemrnentallaws, ordinances, approvals, rules, regulations and requirements, including, without limitation, such zoning, sanitary, pollution, environmental and safety ordinances and laws and such rules and regulations thereunder as may be binding upon the District. The District further covenants and agrees that it will maintain and operate the Nacimiento Facilities in good repair, working order and condition, and that it will from time to time inspect and test all Nacimiento Facilities against then-current water supply industry 45471069.2 12 standards, and that the District will pursue all necessary and proper replacement, repairs, renewals and improvements thereto. In its operation of the Nacimiento Project, the District shall have as an objective the maximum beneficial use of the Nacimiento Project Water and its conservation. The District, the Participant and the Other Participants agree that they shall individually and collectively cooperate and work towards this objective. The District, the Participant and the Other Participants, individually and collectively, agree further that, to the extent feasible, all revenues received from the Nacimiento Facilities shall be used for the sole benefit of the Nacimiento Facilities and that all parties shall pay their respective shares of Nacimiento Project Costs for Nacimiento Project Water received. ' The District further covenants and agrees that it will take any and all action necessary to enforce the rights vested in the District by this Contract and the Master Water Contract as the District deems most appropriate. However, in the event the District fails to enforce any such rights, the Participant may assert such rights on behalf of the District by such means as the Participant deems most appropriate. Nothing in this Contract shall impair or otherwise affect, in any manner, the Participant's right to assert, defend, enforce or otherwise protect any and all rights vested in the Participant by this Contract. (C) District's Capital Reserves; Annual Budgets to Be Prepared by the District. In order to satisfy its covenants set forth in this Article, the District shall determine the amount of Capital Reserves necessary for the Nacimiento Facilities for the upcoming Water Year and shall prepare its draft annual budget by no later than March I to reflect such Capital Reserves. The District shall provide copies of each such budget to the Nacimiento Project Commission, the Participant and the Other Participants for review and comment prior to the distribution of the draft annual budget to the Board of Supervisors, and shall, if deemed necessary or advisable, develop and promulgate to the Nacimiento Project Commission, the Participant and the Other Participants a multi-year improvement plan for the Nacimiento Facilities reflecting the annual requirements for the Capital Reserves. ARTICLE 5: EXISTING OBLIGATIONS: MASTER WATER CONTRACT AND PRIOR COMMITMENT WATER (A) Primacy of Master Water Contract. The obligations of the District under this Contract and the obligations of the District under each and every Like-Contract with the Other Participants, shall be subj ect to the provisions of the Master Water Contract and should the provisions of the Master Water Contract restrict, impair or prohibit the District from the performance of any or all of the District's obligations under this Contract and/or the Like- Contracts with the Other Participants, then the District shall, to the extent that the District is so restricted, impaired or prohibited, be relieved of its said performance obligations to the Participant under this Contract. _ This Contract does not create in the Participant any right, rights or interest in or to the Master Water Contract. The Participant has been provided with a copy of the Master Water Contract for review. On advice of counsel, the Participant has reviewed the Master Water Contract and determined that the terms of the Master Water Contract do not conflict with the terms of this Contract or the Participant's obligations hereunder. 45471069.2 13 , " (B) Prior-Commitment Water. No part of the Prior-Commitment Water shall be used by the District to satisfY any of the District's obligations under this Contract with the Participant, Like-Contracts with Other Participants or the District's agreements with Reserve Water Customers or third parties. ARTICLE 6: DELIVERY ENTITLEMENT (A) Amount of Deliver v Entitlement. Subject to the provisions of Article 14(0), and so long as water is made available to the District under the Master Water Contract, the District shall make available to the Participant, in each Water Year, the Delivery Entitlement of WRITE IN WORDS THE VOLUME OF WATER ( INSERT NUMBER) acre-feet of Nacimiento Project Water. Notwithstanding the foregoing: (1) The Total Delivery Entitlement Obligation available under this Contract and under the Like-Contracts with the Other Participants may be reduced, following written notice given to the Participant from the District, for any of the conditions or reasons set forth in Articles 13, 14 and 15 hereof; and (2) Under this Contract and all Like-Contracts, the District shall not be obligated to deliver to the Participant or to any Other Participants, nor shall said Participants have any rights in or to, any of the District's Prior-Commitment Water. (B) Limit on Rate of Deliveries of Water to Participant. In no event shall the District be obligated to deliver the Delivery Entitlement and/or Surplus Water through any delivery structure of the Nacimiento Facilities at a total combined instantaneous rate of flow exceeding cubic feet per second. The maximum amount of said water to be delivered by the District to the Participant from the Nacimiento Facilities in anyone month of any year shall not exceed _ acre-feet. While the District is not required to deliver more than _ acre-feet of water to the Participant in anyone month of any year, and while the District is not obligated to deliver the Delivery Entitlement and/or Surplus Water through any delivery structure of the Nacimiento Facilities at a total combined instantaneous rate of flow exceeding _ cubic feet per second, in the event deliveries required to be made by the District to the Other Participants do permit a higher monthly rate of delivery to the Participant, then the District shall have the discretion temporarily to exceed the maximum monthly deliveries provided for herein. In the event that the Participant shall desire to have the Nacimiento Project constructed in such a manner as to allow the District to deliver the Delivery Entitlement through any delivery structure of the Nacimiento Project at a total combined instantaneous rate of flow exceeding _ cubic feet per second, the Participant shall notifY the District in writing prior to the time that the District shall have completed the final design of the Nacimiento Project. At the time the District receives said request, the District shall determine the additional costs of the Nacimiento Project which are attributable to the Participant's desired increased rate of flow. The Commission shall review the District's determination of the aforesaid additional costs and report the additional costs to the Participant. The Participant agrees that the Participant shall be solely responsible for and shall pay to the District the additional costs of construction of the Nacimiento Project which are attributable to the increased rate of flow. 45471069.2 14 (C) No District Obligation to Deliver at Particular Head or Pressure. The District is under no obligation to the Participant to deliver the Delivery Entitlement at any particular head or pressure; however, the Nacimiento Project shall be designed to deliver water to the Participant's turnout at a hydraulic grade line of feet. (D) Participant's Right to Acauire Additional Deliverv Entitlement. To the extent that the District has available Reserved Water, Participant shall have the right to apply to, and acquire from, the District, additional delivery entitlement as provided for in Article 29 herein. ARTICLE 7: WATER YEAR DELIVERY AMOUNTS AND SCHEDULE The amounts, times and rates of delivery of the Delivery Entitlement to the Participant during any Water Year shall be in accordance with a water delivery schedule determined by the District in the following manner: (A) Preliminary Water Deliverv Schedule. On or before October 1 of each Calendar Year, the Participant shall submit in writing to the District a preliminary water delivery schedule which sets forth the amounts, rates and times of the conveyance and delivery of the Delivery Entitlement as is desired by the Participant for each month of the next succeeding three (3) Water Years. (B) Coordination with Other Participant Preliminary Schedules. Upon receipt of the Participant's preliminary water delivery schedule, the District will consider the Participant's requested schedule, and the preliminary water delivery schedules submitted to the District by the Other Participants, and, after consultation with the Participant, the District shall make such modifications in the Participant's preliminary water delivery schedule as will allow the District to schedule the amounts, times and rates of the conveyance and delivery of the Delivery Entitlement, and those of the Other Participants, so that the requests of the respective Participants. will match as closely as possible their respective requests but in a manner which is consistent with the efficient and economical operation of the Nacimiento Facilities. (C) Amendment of Schedules. The Participant's water delivery schedule may be amended, from time to time, upon the written request of the Participant to the District, subject to the pre-existing obligations of the District under the water delivery schedules of Other Participants for the same period of time. ARTICLE 8: PLACE OF DELIVERY (A) Place of Deliverv. All of the Delivery Entitlement and all Surplus Water furnished to the Participant shall be delivered to the Participant at Unit T4 (the "Place of Delivery"). (B) Reauest for Change in Place of Deliverv during First Half of Design Phase. If the Participant shall desire to change its Place of Delivery at any time prior to the time. that the Design phase is half completed, the Participant may do so, provided, the Participant shall be 45471069.2 15 solely responsible for any and all costs of design, construction or operation attributable to the change in Place of Delivery. No request during the Design Phase for a change in the place of delivery will be granted if such change would cause a material delay in either the Design Phase or the Construction Phase or would require the District to prepare an environmental impact report. (C) Request for Change in Place of Delivery at anv Time. If the Participant shall desire at any time during the term of this Contract to change the Place of Delivery, or to request an additional place(s) of delivery, the Participant may do so, provided, the new or additional place of delivery will not interfere with, or restrict, or impair, the conveyance or delivery of the delivery entitlement of any Other Participant and, provided that the Participant shall furnish to the District all of the costs and expenses which the District shall incur in the acquisition and construction of the new or additional place of delivery for the Participant. ARTICLE 9: MEASUREMENT OF DELIVERY ENTITLEMENT AND SURPLUS WATER All of the Delivery Entitlement and all Surplus Water furnished to the Participant pursuant to this Contract shall be measured by the District by means of the District's measuring device(s) located at the place(s) of delivery established for the Participant under Article 8 of this Contract. Upon the request of the Participant, the District shall investigate the accuracy of the District's measurements, and the District, in writing, shall deliver the findings of the District to the Participant. Any error discovered in the course of such an investigation shall be cause for an adjustment in the amounts charged the Participant. The Participant may, at the Participant's expense, and after reasonable notice to the District, inspect the District's measuring equipment for the purpose of determining the accuracy of the equipment. ARTICLE 10: NO RESPONSIBILITY After the Delivery Entitlement or any portion thereof, and/or after the Surplus Water or any portion thereof, shall have passed the place(s) of delivery established for the Participant under Article 8 of this Contract, neither the District nor its officers, agents or employees shall be liable for the control, carriage, conveyance, handling, use, disposal, distribution or changes 'occurring in the quality or quantity of such water, or for any claim or damages of any nature whatsoever, including, but not limited to, property damage or personal injury or death arising out of or connected with the control, carriage, conveyance, handling, use, disposal, distribution or changes occurring in the quality or quantity of such water beyond such place(s) of delivery. The Participant shall defend, indemnify and hold harmless the District and its officers, agents and employees from and against any such damages o~ claims of damage. ARTICLE 11: WATER QUALITY When the District shall deliver the Delivery Entitlement and/or any Surplus Water to the Participant from the Nacimiento Project Water, said water shall be at a quality that is 45471069.2 16 substantially the same as the quality of said water at the time it was taken from the Nacimiento Reservoir by the District. The District shall assume no further or additional responsibility for the quality of the water delivered to the Participant under this Contract and the District does not warrant the quality of any such water for any particular use. The Participant shall be responsible for the treatment of all such water to the minimum water quality standards for water for domestic use as may be established from time to time by the State of California and/or by the federal government and the Participant shall defend, indemnify and hold harmless the District from and against any and all claims, damages, costs, expenses, judgments, attorney fees or other liability to any person or entity asserting that said water does not meet or has not met said domestic use water quality standards. ARTICLE 12: SURPLUS WATER (A) District Determination of Amount of Surplus Water; Reserve Pool; Turn-Back. The District shall notify All Participants of the total amount of Surplus Water, if any, available for a Water Year on or about the first day of the then-current Water Year, and once so declared by the District, said amount shall not be changed without first obtaining the consent of All Participants. Surplus Water purchased by the Participant will be delivered to the Participant in the same m3lll1er provided for the delivery of the Participant's Delivery Entitlement and to the extent that all of said Surplus Water purchased is not in fact taken by the Participant by the end of the Water Year in question, then such undelivered amount of Surplus Water shall revert to the District and shall not thereafter be available to the Participant. (B) Sale of Surplus Water bv District; Rates. From the Surplus Water held by the District, the District shall first sell any and all of the Reserve Pool Water portion of the Surplus Water. No Turn-Back Pool Water shall be sold by the District so long as any Reserve Pool Water remains unsold. (I) Sale of Reserve Pool Water. The District shall offer the Reserve Pool Water to the Participant and to Other Participants pro rata in proportion to their respective Delivery Entitlement Share and Other Delivery Entitlement Shares. Any amounts of Reserve Pool Water not purchased by an Other Participant shall be re-offered to the Participant, if it purchased its pro rata share of Reserve Pool Water, and the Other Participants purchasing Reserve Pool Water pro rata according to their respective Delivery Entitlement Share and Other Delivery Entitlement Shares until all of the Reserve Pool Water has been sold. (a) Price for Reserve Pool Water. For Reserve Pool Water, the Participant shall pay to the District the sum of the following: (1) The portion of the Operation and Maintenance Costs attributable to the Reserve Pool Water and incurred by the District in the immediately preceding Water Year per acre-foot; plus 45471069.2 17 (2) The Variable Energy Costs incurred by the District for the delivery of the Reserve Pool Water as calculated in Article 16(C)(2) hereof. (b) Revenues from Sale of Reserve Pool Water. All revenues derived by the District from the sale of Reserve Pool Water shall be applied as a credit against the obligations of the Participant and the Other Participants in proportion to the Delivery Entitlement Share and the Other Delivery Entitlement Shares of the Participant and the Other Participants, respectively. (2) Sale of Turn-Back Pool Water. The District shall offer the Turn-Back Pool Water to the Participant and to the Other Participants pro rata in proportion to their Delivery Entitlement Share and Other Delivery Entitlement Shares, respectively. (a) Price for Turn-Back Pool Water. For the Turn-Back Pool Water, the Participant shall pay to the District the sum of the following: (I) The average of the Operation and Maintenance Costs incurred by the District in the immediately preceding Water Year per acre- foot for the delivery of the Delivery Entitlement and the Other Delivery Entitlements to the Participant and to the Other Participants, respectively; plus (2) The Variable Energy Costs incurred by the District for the delivery of the Turn-Back Pool Water as calculated in Article 16(C)(2) hereof. (b) Revenues from Sale of Turn-Back Pool Water. All revenues derived by the District from the sale of Turn-Back Pool Water shall be applied as a credit against the obligations of those Participants contributing to the Turn-Back Pool Water and in the proportion to the amount each Participant contributes to the Turn-Back Pool Water in the Water Year, if at all. (C) If the Participant shall commit in writing to purchase such Surplus Water from the District, the Participant shall be obligated to pay for such Surplus Water, whether or not the Participant accepts delivery of the Surplus Water, so long as such Surplus Water was available for the period in question. Neither the Participant nor any Other Participant shall resell Surplus Water on a wholesale basis at any time to persons or entities not a party to this Contract or to Like-Contracts, without the prior written consent of the District and all Other Participants; provided, however, that this provision is not intended to limit the sales of Surplus Water to the end customers of the Participant. (D) The District may offer to sell and deliver any Surplus Water not purchased by the Participant or the Other Participants to any other prospective purchaser without right of renewal, in a manner and at prices which will return to the District the largest Net Revenue practicable for the benefit of the Nacimiento Facilities, but in no event at prices less than those at which such Surplus Water is offered to the Participant, unless the Participant is first tendered such Surplus Water by the District at the lower price in writing, and in each case, attempting to recapture the I' I I 45471069.2 18 Operation and Maintenance Costs, the Variable Energy Costs and the Capital Projects Installment Debt Service attributable to the volume of Swplus Water actually purchased by such third parties, at the highest price the market will then bear. ARTICLE 13: CURTAILMENT OF DELIVERY The District may temporarily discontinue or reduce the amount of Nacimiento Project Water to be furnished to the Participant during such time as the District is maintaining, repairing, replacing, investigating, or inspecting any of the portions of the Nacimiento Facilities necessary for the furnishing of water to the Participant. Insofar as it is feasible, the District shall give the Participant notice in advance of any such temporary discontinuance or reduction, except in the case of emergency, in which case no notice need be given. In the event of such discontinuance or reduction, the District will upon resumption of service, deliver, as nearly as may be feasible, the quantity of Nacimiento Project Water which would have been furnished to the Participant in the absence of such discontinuance or reduction. Notwithstanding the foregoing, under no circumstances shall the Participant be relieved of any obligation to make Contract Payments as a result of such temporary discontinuance or reduction of Nacimiento Project Water. ARTICLE 14: NACIMIENTO PROJECT WATER SHORTAGES (A) Temporarv Shortages. In any Water Year in which there may occur a shortage or interruption due to drought or other temporary cause in the supply of the Nacimiento Reservoir Water available for delivery by the District to the Participant, to the Other Participants and/or to the Reserve Water Customers, with the result that the amount of such supply is less than the total of: (i) the Delivery Entitlement and (ii) the Other Delivery Entitlements, plus (iii) the amount of the District's obligations to the Reserve Water Customers for that Water Year, the District shall calculate the amount of said reduced supply of water available to the District for use as Nacimiento Project Water and shall apportion the reduced supply of water as follows: (I) Subject to the provisions of paragraph (0) below, from the reduced amount of Nacimiento Reservoir Water available to the District under the Master Water Contract in the Water Year in question, the District will subtract One Thousand Seven Hundred Fifty (1,750) Acre-Feet of the Prior-Commitment Water and the result shall be the reduced supply of Nacimiento Reservoir Water available to the District for use as Nacimiento Project Water under this Contract and under the Like-Contracts with Other Participants, and for the District's obligations to Reserve Water Customers; and (2) For the Water Year in question, the District shall first apply the said reduced supply of Nacimiento Project Water to satisfy the Delivery Entitlement and the Other Delivery Entitlements, and then, to the satisfaction of the District's obligations to Reserve Water Customers. In the event that the said reduced supply of Nacimiento Project Water is insufficient to meet, in full, the Delivery Entitlement and the Other Delivery Entitlements, then the District (i) shall make no deliveries to Reserved Water Customers for that Water Year, and (ii) shall reduce the delivery of water to All 45471069.2 19 Participants pro rata according to the Delivery Entitlement Share or Other Delivery Entitlement Shares of the Participant and each Other Participant, respectively. In the event that said reduced supply of Nacimiento Project Water is sufficient to meet the Delivery Entitlement and the Other Delivery Entitlements, but not the full amount then due to Reserve Water Customers, the District shall reduce the delivery of Reserve Water among the Reserve Water Customers pro rata, according to the amounts they have contracted for during the Water Year in question. (B) Permanent Shortages. In the event that there is a reduction in the supply of Nacimiento Reservoir Water provided to the District under the Master Water Contract, which notwithstanding the preventative or remedial measures taken by the Monterey Water Agency, threatens or causes a permanent shortage in the amount of Nacimiento Reservoir Water available to the District under the Master Water Contract, with the result that the District concludes such supply will, for an indefinite period extending beyond the current Water Year, be less than Seventeen Thousand Five Hundred (17,500) Acre-Feet, the District shall calculate and apportion the permanently reduced supply of water as follows: (1) Subject to the provisions of paragraph (D) below, from the reduced supply of Nacimiento Reservoir Water available to the District under the Master Water Contract, the District will subtract One Thousand Seven Hundred Fifty (1,750) Acre-Feet of Prior- Commitment Water and the result shall be the amount of Nacimiento Reservoir Water available to the District for use as the reduced Nacimiento Project Water under this Contract, the Like-Contracts with Other Participants and for the District's obligations to Reserve Water Customers; and (2) For future Water Years, the District shall first apply the reduced supply of Nacimiento Project Water to satisfy the District's obligations to the Participant under this Contract and to the Other Participants under Like-Contracts, and then to the satisfaction of the District's obligations to Reserve Water Customers. In the event that the reduced Nacimiento Project Water is insufficient to meet, in full, the District's obligations to the Participant under this Contract and to the Other Participants under the Like-Contracts, the District shall permanently reduce the delivery of water to All Participants pro rata, in proportion to the Participant's Delivery Entitlement Share and the Other Participants'. Other Delivery Entitlement Shares. In the event that the reduced Nacimiento Project Water is sufficient to meet the District's obligations to All Participants under this Contract and the Like-Contracts, but not the full amount then due to Reserve Water Customers then the District shall reduce the delivery of Reserve Water to Reserve Customers pro rata, according to the amounts contracted for during the most recent Water Year completed. (3) In the event and to the extent that the permanent shortage is ameliorated and some or all of the reduced Nacimiento Reservoir Water is later restored to the District, the restored amount of water shall be allocated to the Participant and the Other Participants in proportion to the Delivery Entitlement Share and the Other Delivery Entitlement Shares, respectively. 4547\ 069.2 20 (C) No Liability for Shortages. Neither the District nor any of its officers, agents, or employees shall be liable for any damage, direct or indirect, arising from shortages in the amount of Nacimiento Project Water to be made available to the Participant under this Contract caused by the non-availability of water to the District under the Master Water Contract or caused by drought, operation of the Nacimiento Reservoir, operation of area of origin laws, or any other cause beyond the control of the District. (0) Eauitable Sharing of Shortages with Prior-Commitment Water. To the extent that the District is able to do so under the District's contractual obligations to the persons and entities entitled to Prior-Commitment Water, the District will, during times of shortage, endeavor to reduce the amounts of Prior-Commitment Water extracted from the District's 17,500 acre-feet of water from the Nacimiento Reservoir in proportion to the ratio of 1,750 to 17,500. ARTICLE 15: LIMITATIONS ON OBLIGATION TO FURNISH WATER (A) Limited District Obligations. Notwithstanding any provisions of this Contract to the contrary, the obligation of the District to furnish Nacimiento Project Water hereunder shall be limited to the times and to the extent that water from the Nacimiento Reservoir and the facilities necessary for furnishing the same are available to the District pursuant to the Master Water Contract. (B) District Not Liable for Monterev Water Agencv Failure to Perform Master Water Contract. The District shall not be liable for its failure to perform any part of this Contract to the extent that such failure is caused by the wrongful failure of the Monterey Water Agency to perform any obligation imposed on the Monterey Water Agency by the Master Water Contract; provided, that the District shall diligently and promptly pursue all rights and remedies available to the District to enforce the rights of the District against the Monterey Water Agency under the Master Water Contract relative to such failure to perform and provided further, that the costs and expenses incurred by the District in the enforcement or attempted enforcement of said rights under the Master Water Contract shall be considered to be a part of the Operation and Maintenance Costs under this Contract. ARTICLE 16: OBLIGATIONS FOR NACIMIENTO PROJECT COSTS (A) Participant's Obligations to Pav. The Participant shall pay its Contract Payments to the District, in the manner provided below (B) District's Determination of Nacimiento Proiect Costs for each Fiscal Year. On or before April I of each Calendar Year, the District shall estimate the new or additional Nacimiento Project Costs for the Fiscal Year commencing on the immediately following July 1 and the result shall comprise the Total Participant Contract Payments due, collectively, from the Participant hereunder and from the Other Participants under their respective Like-Contracts for the said Fiscal Year. Nacimiento Project Costs shall include: (1) Nacimiento Project Construction Costs; 45471069.2 21 (2) Additional Capital Project Costs; (3) Capital Projects Installment Debt Service; (4) Master Water Contract Costs incurred following the first date upon which an allocation of ad valorem property taxes under Article 17(B)(5); (5) Capital Reserve Costs; (6) Operation and Maintenance Costs; (7) Variable Energy Costs; (8) Reserved Capacity Costs; (9) Environmental mitigation costs; and (10) Other annual or incidental costs associated with the Nacimiento Facilities. (C) District's Allocation of District's Nacimiento Proiect Costs. Nacimiento Project Costs shall be allocated by the District among the Participant and all Other Participants as follows: (1) The District shall allocate Capital Reserve Costs and Operation and Maintenance Costs to the Participant on the basis of the Unit Percentage Share of Capital Reserve Costs and Operation and Maintenance Costs attributable to the Units used by the District to deliver the Delivery Entitlement to the Participant. As of the date of execution of this Contract, there is apportioned to the Participant the following proportional share of the said costs (expressed as a percentage) for each of the Units used to deliver water to the Participant: Proiect Segment Systemwide Operating Cost Unit No. A Unit No. Al Unit No. B Unit No. C Unit No. CI Unit No. D Unit No. E Unit No. F Unit No. FI Unit No. F2 Unit No. G Unit No. Gl Unit No. G2 Unit No. H Unit No. HI Unit No. T4 45471069.2 Participant's Unit Percentage Share xx.xxx% xx. xxx xx. xxx xX.xxx XX.xxx xX.xxx xX.xxx xx. xxx xx.xxx XX.xxx XX.xxx xX.xxx xX.xxx xX.xxx xx. xxx xx.xxx 100.000 22 The Participant shall pay such amounts allocated to the Participant under this paragraph in the manner provided for in Article l7(A)(1) and (2) below. (2) For each Calendar Quarter, Variable Energy Costs shall be determined by the District and shall be allocated to the Participant and to the Other Participants as follows: (a) Variable Energy Costs for the Calendar Quarter in question shall be divided by the total acre-feet of Nacimiento Project Water delivered by the District during such Calendar Quarter to the Participant and to all Other Participants pursuant to this Contract and Like-Contracts; and, (b) The result in subsection (a) shall be multiplied by the number of acre-feet of Nacimiento Project Water delivered by the District to the Participant during such Calendar Quarter, which result shall be allocated to the Participant. The District shall notify the Participant in writing of the amount of Variable Energy Costs allocated to the Participant by a date no later than the forty-fifth (45th) day following the end of each Calendar Quarter for the variable costs attributable to the Calendar Quarter most recently concluded. The Participant shall pay such amounts allocated to the Participant under this paragraph in the manner provided for in Article 17(A)(3) below. (3) follows: The District shall allocate Nacimiento Project Construction Costs as The Nacimiento Project Construction Costs shall have three components: (a) The costs attributable to environmental mitigation requirements (the "Environmental Mitigation Construction Cost Component"). The Environmental Mitigation Construction Cost Component shall be allocated pro rata to the Participant and to the Other Participants on the basis of the Delivery Entitlement Share and the Other Delivery Entitlement Shares, respectively. As of the date of execution of this Contract, there is apportioned to the Participant _ and XXX/lOOO percent (XX.XXX%) of the Environmental Mitigation Construction Cost Component. (b) The costs attributable to the District's Reserved Capacitv (the "ReservedCapacitv Construction Cost Component"). The Reserved Capacity Construction Cost Component shall be allocated pro rata to the Participant and to the Other Participants on the basis of the Delivery Entitlement Share and the Other Delivery Entitlement Shares, respectively. As of the Effective Date, there is apportioned to the Participant _ and XXX/lOOO percent (XX.XXX%)of the Reserved Capacity Construction Cost Component. (c) The costs attributable to all other construction costs (the "All Other Construction Costs Component"). The All Other Construction Costs Component shall be allocated on a Unit Percentage Share basis. As of the date of execution of 45471069.2 23 this Contract, there is apportioned to the Participant the following proportional share of All Other Construction Costs Components (expressed as a percentage) for each ofthe Units used to deliver water to the Participant: Proiect Segment Participant's Unit Percentage Share Unit No. A Unit No. Al Unit No. B Unit No. C Unit No. CI Unit No. D Unit No. E Unit No. F Unit No. FI Unit No. F2 Unit No. G Unit No. Gl Unit No. G2 Unit No. H Unit No. HI Unit No. T4 xx.xxx% xX.xxx xX.xxx xX.xxx xX.xxx xx.xxx xx.xxx xX.xxx xX.xxx xX.xxx xX.xxx XX.xxx xX.xxx xx.xxx xX.xxx 100.000 The Participant shall pay such amounts allocated to the Participant under this paragraph in the manner provided for in Article 17(A)(I) and (2) below. (4) The District shall allocate Capital Projects Installment Debt Service among All Participants, pro rata, according to the proportion of Nacimiento Project Construction Costs paid by the Participant and the Other Participants, as they may be adjusted for cash contributions under Article 17(B); provided, however, that the Capital Projects Installment Debt Service shall further be allocated into a component representing debt service on Tax-Exempt Obligations (the "Tax-Exempt Debt Service") and a component representing the debt service on Taxable Obligations (the ''Taxable Debt Service"). If the Participant is eligible to borrow on a tax-exempt basis under the Tax Code, then the Participant and the Other Participants who are also so eligible shall be allocated their pro rata shares of Tax-Exempt Debt Service; if the Participant is not eligible to borrow on a tax-exempt basis under the Tax Code, then the Participant and any Other Participants who are also ineligible to so borrow shall be allocated their pro rata shares of Taxable Debt Service. (5) The District shall allocate all other Nacimiento Project Costs not otherwise provided for above, including Master Water Contract Costs, to the Participant and to all of the Other Participants pro rata on the basis of the Delivery Entitlement Share for the Participant and the Other Delivery Entitlement Shares for the Other Participants. As of the date of execution of this Contract, there is apportioned to the Participant _ and XXX/1000 percent (XX.XXX%) of the District's said remaining costs, including the 45471069.2 24 Required Additional Project Costs and Master Water Contract Costs. The Participant shall pay such amounts allocated to the Participant under this paragraph in the manner provided for in Article 17(A)(4) below. (6) The foregoing allocations shall be calculated by the District each Fiscal Year for the Participant and for each Other Participant and the calculations of said allocations shall be made available to the Participant. (7) No more frequently than annually, the District shall retain a CPA with the approval of the Commission. The CPA shall be responsible for reviewing and confirming the District's allocation of the Participant's portion of Nacimiento Project Costs and reporting the same to the Participant, the District and each Other Participant. (8) The obligations of the Participant, if any, for any Approved Additional Project will be established at the time of and by the agreement for each such Approved Additional Project. ARTICLE 17: CONTRACT PAYMENTS (A) Time and Amount of Contract Payments. Except as established under Paragraph (C) below as to Capital Projects Installment Debt Service, the Contract Payments to the District shall commence no later than the first Fiscal Year during which the Delivery Entitlement is made available to the Participant hereunder, and in any event, promptly following receipt by the Participant of an invoice from the District. The Contract Payments shall be determined by the District as provided in Article 16 of this Contract and shall be paid by the Participant to the District in accordance with the further provisions of this Article, except and to the extent the Participant shall, in accordance with paragraph (B) below, be entitled to an offsetting credit. (1) On or before July 1 of each Fiscal Year, the Participant shall pay a sum equal to sixty percent (60%) of the Participant's Allocation of Capital Reserve Costs, and Operation and Maintenance Costs as calculated and allocated under Article 16(C)(I) above; and (2) On the immediately following January I within each Fiscal Year, the Participant shall pay a sum equal to forty percent (40%) of the Participant's Allocation of Capital Reserve Costs and Operation and Maintenance Costs as calculated and allocated under Article 16(C)(I) above; and (3) On or before the thirtieth (30th) day following its receipt of an invoice from the District under Article 16(C)(2), the Participant shall pay Variable Energy Costs as calculated and allocated under Article 16(C)(2) above, for the Calendar Quarter most recently concluded; and (4) On or before July I of each Fiscal Year, the Participant shall pay a sum equal to the Participant's Allocation of Capital Projects Installment Debt Service as calculated and allocated under Article 16(C)(3) above. 45471069.2 25 (5) On or before July 1 of each Fiscal Year, the Participant shall pay a sum equal to the Participant's allocation of remaining Nacimiento Project Costs, including Additional Capital Project Costs and Master Water Contract Costs as calculated and allocated under Article l6(C)(4) above. (B) Participant Credits against Contract Pavrnents. The following shall constitute credits against the Contract Payments to the District: (1) If, prior to the date upon which the District causes the Municipal Obligations to be sold, the Participant shall contribute to the District, in cash, a sum as and for the Participant's Capital Share of the District's estimate of the Total Nacimiento Project Construction Costs, or any portion of the Participant's Capital Share of said construction costs, then the amount of Capital Projects Installment Debt Service allocated to the Participant under Article l6(C)(3) above shall be reduced accordingly, but in no event to less than zero; and (2) If the Participant shall, following the date of delivery of the Municipal Obligations, successfully implement a financing plan within its jurisdiction to fund all or a portion of the Participant's Contract Payments, during the term of the Municipal Obligations, by means of a levy of ad valorem property taxes, special assessments or special taxes, then all or a portion of the amount of Capital Projects Installment Debt Service to be allocated to the Participant under Article l6(C)(3) above, shall be credited to the Participant from amounts paid under such levy as though such amounts were paid directly by the Participant hereunder, subject to the prior approval of each rating agency then rating the Municipal Obligations and any bond insurer then providing insurance therefor; provided however, that, to the extent legally permissible, the District shall be made a third-party beneficiary of any pledge of such alternate source of revenues, with the power to enforce collection thereof, in the event that the Participant should fail to do so; and . (3) The Participant shall be entitled to a credit against the Participant's obligations to the District hereunder in the form of a share of the Net Revenues the District shall have received during the Fiscal Year in question. In determining the amount of such credits against the obligations of the Participant hereunder, the District shall apportion the District's net revenues from the foregoing sources; (i) first, against the obligations allocated to the Participant and to the Other Participants for the Reserved Capacity Construction Cost Component and in the same amount as the percentage allocation set forth for the Participant in Article 16(C)(3)(a) herein, and then (ii) against the obligations allocated to the Participant and to the Other Participants for the All Other Construction Costs Component and in the same amount as the percentage allocation set forth for the Participant in Article 16(C)(3)(c) herein. (4) On or before December 1 of each year, the District shall deliver to the Participant a statement as to the actual Operation and Maintenance Costs and Capital Reserve charges incurred or imposed during the Fiscal Year most recently concluded, and shall set forth in such statement the District's determination as to whether the Contract Payments theretofore paid by the Participant were in excess of or less than the 45471069.2 26 Participant's allocated share of the actual costs incurred by the District for said items. If the Participant shall have paid less than the Participant's actual Unit Percentage Share for said items for such Fiscal Year, the Participant shall remit the difference to the District within one hundred eighty (180) days of the date upon which the Participant receives such a statement from the District. If the Participant shall have paid more than the Participant's actual Unit Percentage Share for such items for such Fiscal Year, the District shall credit the difference against the Participant's future Contract Payments to the District. (5) If, in any Fiscal Year, the Nacimiento Water Fund of the District receives its allocated portion of the ad valorem taxes levied on the real property within the County of San Luis Obispo under the authority of Article XIIIA, Section l(a) of the California Constitution, then the District shall apply said apportioned amount received by the District to the reduction of Reserved Capacity Construction Cost Component and the District shall continue to do so in each Fiscal Year in which the District receives-such apportioned amounts up to and until the said Reserved Capacity Construction Cost Component is paid. The District shall credit to the Participant the Unit Percentage Share of said apportioned tax proceeds received by the Nacimiento Water Fund of the District, less any amounts (i) which the District is obligated to pay under the terms of the Master Water Contract and/or (ii) any amounts which are not received or retained by the District because of the operation of the Community Redevelopment Law (California Health and Safety Code Sections 33000 et seq.) or any other applicable law. (C) Particioant's Election Regarding Caoitalized Interest. The District and the Participant understand and agree that the Participant's share of Capital Projects Installment Debt Service will be lower in the event that the Municipal Obligations attributable to the Participant are marketed and sold without capitalized interest. Accordingly, each Participant shall be entitled, by delivering written notice to the District no later than three (3) business days prior to the pricing of any Municipal Obligations issued, to elect to commence making its portion of Capital Projects Installment Debt Service during the first Bond Year as defined in that certain Indenture of Trust by and between SLO County Financing Authority and BNY Western Trust Company to be entered into in connection with the issuance of the Municipal Obligations, without regard to the date upon which delivery of Nacimiento Project Water is first made to the Participant. If no such election is received from the Participant, the District shall be entitled to include a capitalized interest component in the Municipal Obligations attributable to the Participant, to apportion said capitalized interest to the Participarit and to include the costs of same in the Participant's portion of Capital Projects Installment Debt Service. ARTICLE 18: USE OF TOTAL PARTICIPANT CONTRACT PAYMENTS During the term of this Contract and the Like-Contracts with Other Participants, the District shall proceed with due diligence to collect Total Participant Contract Payments as and when due, and shall deposit amounts collected into the Participant Revenue Fund promptly upon receipt, and shall apply all other amounts comprising Total Participant Contract Payments in the following order of priority: 45471069.2 27 (A) To the payment of Master Water Contract Costs; (B) To the payment of Operation and Maintenance Costs; (C) To the payment of V ariable Energy Costs; (D) To the payment of Additional Capital Project Costs; and (E) . To the replenishment of Capital Reserves for the Nacimiento Project. ARTICLE 19: OBLIGATION TO "TAKE-OR-PAY" Neither the Participant's failure or refusal to accept delivery of water from the Nacimiento Facilities to which the Participant is entitled under this Contract nor the District's failure to deliver said water shall in any way relieve the Participant of its obligations to make payments to the District as provided for herein. Commencing on the first date that debt service payments are due under the Municipal Obligations provided for herein, the Participant shall pay all amounts due hereunder, including, without limitation, those due under Article 17 hereof, without reduction or offset of any kind, whether or not the Nacimiento Facilities or any part thereof is then operating' or operable or its service is suspended, interfered with, reduced or curtailed or terminated in whole or in part, due to any of the reasons set forth in Articles 6(A), 13, 14 and 15, or otherwise, and such Participant's Contract Payments shall not be conditional upon the perfonnance or nonperformance by any party to this Contract, or to the Like-Contracts, for any cause whatsoever; provided, however, that any savings from non-operation of the Nacimiento Facilities shall be apportioned among the Participant and the Other Participants in accordance with their respective percentages of the Participant's and each Other Participant's Unit Percentage Share. The Participant's obligations to make Contract Payments and other payments required to be made hereunder are incurred by the Participant for the benefit of future holders of Municipal Obligations, and shall be absolute and unconditional. Such payments shall be absolutely net, free of any deductions, and are not subject to any reduction, whether by offset, recoupment, counterclaim or others. The Participant shall make all such payments notwithstanding the occurrence of any act or circumstances that may constitute failure of consideration, destruction of or damage to the Nacimiento Facilities, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State of California, or any political subdivision or either of these. ARTICLE 20: PARTICIPANT'S PLEDGE AND COVENANTS The Participant, unless it shall have paid cash as the Participant's portion of the Total Nacimiento Project Construction Costs as provided in Article 16 hereof, hereby pledges the gross water sales revenues of the Participant's Water Enterprise to the Participant's obligations under this Contract, and covenants and agrees to establish, fix and collect rates and charges from the 45471069.2 28 customers of Participant's Water Enterprise at levels sufficient to produce revenues from the Participant's Water Enterprise which are at least equal to: (A) The costs of operating and maintaining the Participant's Water Enterprise; plus (B) The Contract Payments, calculated in accordance with Article 16 hereof, including the amounts allocated to the Participant as the Participant's share of Capital Projects Installment Debt Service under Article 16(C)(3) hereof; plus (C) The Coverage Factor for the amounts allocated to the Participant as the Participant's share of Capital Projects Installment Debt Service under Article l6(C)(3) hereof; and (D) Under certain circumstances, that the Participant understands and agrees that the provisions of Article 25(B) hereof may impose upon the Participant a surcharge following the occurrence of any payment default by the Participant. ARTICLE 21: WATER ENTERPRISE OPERATION AND MAINTENANCE (A) No Sale. Lease or Disposing of Participant's Water Enterorise. The Participant covenants and agrees not to sell, lease or otherwise dispose of its Water Enterprise or any part thereof essential to the proper operation thereof or to the earning or collection of the gross revenues of the Participant's Water Enterprise, nor to enter into any agreement or lease which would impair the operation of the Participant's Water Enterprise, or any part thereof necessary in order to secure adequate revenues for the payment of amounts due under this Contract; provided, however, that any real or personal property which has become nonfunctional or obsolete or which is not needed for the efficient operation of the Participant's Water Enterprise may be sold or disposed of if such disposition will not have the effect of reducing revenues of the Participant's Water Enterprise below the levels required under this Contract. (B) Participant to Maintain Participant's Water Enterorise. The Participant covenants and agrees to maintain and preserve the Participant's Water Enterprise in good repair and working order at all times, to operate the same in an efficient and economical manner and to pay all operation and maintenance costs of the Participant's Water Enterprise as they become due, all in accordance with the best business judgment of the Participant. (C) Participant's Budgets. The Participant covenants and agrees to adopt and deliver a budget to the District approved by the Participant's governing body setting forth the amounts budgeted to be paid under this Contract no later than the first day of each Fiscal Year. (0) Participant's Covenants. The Participant covenants and agrees to comply with, keep, observe and perform all agreements, conditions, covenants and terms, express or implied, required to be performed by the Participant contained in all contracts for the use of the Participant's Water Enterprise and all contracts affecting or involving the Participant's Water Enterprise to the extent that the Participant is a party thereto. 45471069.2 29 (E) No Superior Liens or Pavrnents. The Participant covenants and agrees not to create or allow any lien on or payment from the revenues of the Participant's Water Enterprise or any part thereof prior to, or superior to, the Participant's obligations to amounts payable under this Contract. (F) Participant to Insure Water Enterprise. The Participant covenants and agrees to procure and maintain insurance relating to the Participant's Water Enterprise which the Participant shall deem advisable or necessary to protect its interests. Such insurance shall afford protection in such amounts and against such risks as are usually covered in connection with similar water enterprises in the State of California; provided, that the Participant shall not be required to procure or maintain any such insurance unless such insurance is commercially available at reasonable cost; and provided further, that any such insurance may be maintained under a self-insurance program, so long as such self-insurance program is maintained in accordance with standards and in such amounts as are then usually maintained for similar water enterprises in the State of California. (G) Participant to Pay Obligations; Observe Laws. The Participant covenants and agrees to pay and discharge all taxes, assessments and other govemmental charges which may hereafter be lawfully imposed upon the Participant's Water Enterprise or any part thereof when the same shall become due and to duly observe and conform to all valid regulations and requirements of any governmental authority relative to the operation of the Participant's Water Enterprise that are not being contested by the Participant in good faith. (H) Eminent Domain. The Participant covenants and agrees that if all or any material part of the Participant's Water Enterprise shall be taken by eminent domain proceedings, or if the Participant receives any insurance proceeds resulting from a casualty loss to any material portion of the Participant' s Water Enterprise, the proceeds thereof shall be used by the Participant to construct or install replacements for the condemned or destroyed components of the Participant's Water Enterprise or to prepay the Participant's share of Capital Projects Installment Debt Service under Article 16(C)(3) ofthis Contract. ARTICLE 22: COVENANTS OF THE DISTRICT AND THE PARTICIPANT; SPECIAL TAX COVENANTS (A) Punctual Payment; Compliance with Documents. The District shall punctually payor cause to be paid the interest and principal to becoine due with respect to all of the Municipal Obligations, but solely from amounts paid to the District under this Contract and the Like-Contracts, and the Participant shall punctually payor cause to be paid the Capital Projects Installment Debt Service, in strict conformity with the terms of the Municipal Obligations, this Contract and the Legal Documents and will faithfully observe and perform all of the conditions, covenants and requirements of this Contract and the Legal Documents including any and all supplements thereto. (B) Extension of Payment of Municipal Obligations. Neither the District nor the Participant shall directly or indirectly extend or assent to the extension of the maturity of any of the Municipal Obligations or the time of payment of any claims for interest by the purchaser or 45471069.2 30 owner of such Municipal Obligations or by any other arrangement, and in case the maturity of any of the Municipal Obligations or the time of payment of any such claims for interest shall be extended, such Municipal Obligations or claims for interest shall not be entitled, in case of any default under the Legal Documents, to the benefits of this Contract, except subject to the prior payment in full of the principal of all of the Municipal Obligations then outstanding and of all claims for interest thereon which shall not have been so extended. Nothing in this Article shall be deemed to limit the right of the District to issue obligations or cause obligations to be issued for the purpose of refunding any outstanding Municipal Obligations, and such issuance shall not be deemed to constitute an extension of maturity of the affected Municipal Obligations. (C) Against Encumbrances. Neither the District nor the Participant shall create, or permit the creation of, any pledge, lien, charge or other encumbrance upon the revenues and other assets pledged under this Contract while any of the Municipal Obligations are outstanding, except the pledge created by the Legal Documents and this Contract, any Additional Debt and any pledge, lien, charge or other encumbrance which is subordinate to the obligations under this Contract. Subject to this limitation, the District expressly reserves the right to enter into one or more indentures or trust agreements for any of its corporate purposes, and reserves the right to issue other obligations or cause them to be issued for such purposes. (0) Covenants to Maintain Tax-Exempt Status of Tax-Exempt Obligations. In the event that any Tax-Exempt Obligations attributable in whole or in part, to the Participant are issued and outstanding, the Participant covenants and agrees as follows: (1) Definitions. When used in this Section, the following terms have the following meanings: "Bond Counsel" means Fulbright & Jaworski L.L.P. "Bond Year" means the period of one year established in the Legal Documents, during which the Tax-Exempt Obligations are outstanding, for purposes of the Code; provided, that either the first Bond Year or the final Bond Year may be a period shorter then twelve calendar months. "Code" means the Internal Revenue Code of 1986 as in effect on the date of issuance of the Tax-Exempt Obligations or (except as otherwise referenced. herein) as it may be amended to apply to obligations issued on the date of issuance of the Tax-Exempt Obligations, together with applicable proposed, temporary and final regulations promulgated, and applicable official public guidance published, under the Code. "Computation Date" has the meaning set forth in section 1.148-1(b) of the Tax Regulations. "Gross Proceeds" means any proceeds as defined in section 1.148-1 (b) of the Tax Regulations, and any replacement proceeds as defined in section 1.148-I(c) of the Tax Regulations, of the Tax-Exempt Obligations. 45471069.2 31 "Investment" has the meaning set forth in section 1.148-1 (b) of the Tax Regulations. . "NonOUfDose Investment" means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of Tax-Exempt Obligations are invested and that is not acquired to carry out the governmental purposes of such Tax-Exempt Obligations. "Rebate Amount" has the meaning set forth in section 1.148-1 (b) of the Tax Regulations. "Yield" of (I) any Investment has the meaning set forth in section 1.148-5 of the Tax Regulations; and (2) the Tax-Exempt Obligations has the meaning set forth in section 1.148-4 of the Tax Regulations. "Tax Regulations" means temporary and permanent regulations promulgated under or with respect to section 103 of the Code. (2) Not to Cause Interest to Become Taxable. Neither the Pistrict nor the Participant shall use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property, the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner that if made or omitted, respectively, would cause the interest on any of the Tax-Exempt Obligations to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the Pistrict and the Participant receive a written opinion of Bond Counsel to the effect that failure to comply with such covenant will not adversely affect the exclusion from gross income for federal income tax purposes of the interest on any Tax-Exempt Obligation, the Pistrict and the Participant shall comply with each of the specific covenants in this Section. (3) No Private Use or Private Pavrnents. Except as would not cause any Tax-Exempt Obligation to become a "private activity bond" within the meaning of section 141 of the Code and the Tax Regulations and rulings thereunder, the Pistrict and the Participant shall at all times prior to the last maturity date of the Tax-Exempt Obligations: . (a) require that one or more state or local governmental agencies exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Tax-Exempt Obligations, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or 45471069.2 32 entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (b) not permit the direct or indirect imposition of any charge or other payment on or by any person or entity who is treated as using Gross Proceeds of the Tax-Exempt Obligations or any property, the acquisition, construction or improvement of which is to be fmanced or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the boundaries of the Participant or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. (4) No Private Loan. Except as would not cause any Tax-Exempt Obligation to become a "private activity bond" within the meaning of section 141 of the Code and the Tax Regulations and rulings thereunder, neither the District nor the Participant shall use or permit the use of the Gross Proceeds of the Tax-Exempt Obligations to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction that creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction that is the economic equivalent of a loan. (5) Not to Invest at Higher Yield. Except as would not cause the Tax-Exempt Obligations to become "arbitrage bonds" within the meaning of section 148 of the Code and the Tax Regulations and rulings thereunder, neither the District nor the Participant shall at any time prior to the final maturity of the Tax-Exempt Obligations directly or indirectly invest or permit the investment of Gross Proceeds in any Investment, if as a result of such investment the Yield on Investments acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Tax- Exempt Obligations within the meaning of said section 148. For purposes of this paragraph, Yield on Investments shall be determined in accordance with the provisions of section 1.148-5 of the Tax Regulations (which, under certain circumstances, requires Yield to be determined on less than all such Investments). (6) Not Federallv Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Tax Regulations and rulings thereunder, neither the District nor the Participant shall take or omit to take, or permit, any action that would cause any Tax-Exempt Obligations to be treated as "federally guaranteed" within the meaning of section 149(b) of the Code and the Tax Regulations and rulings thereunder. (7) Information Report. The District shall timely file or cause to be filed any information required by section 149(e) of the Code with respect to the Tax-Exempt 45471069.2 33 Obligations with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. (8) Rebate. Except to the extent otherwise provided in section l48(f) of the Code and the Tax Regulations and rulings thereunder: (a) The District shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shaIl retain all records of accounting for at'least six years after the day on which the last outstanding Tax-Exempt Obligation is retired. However, to the extent permitted by law, the District may commingle Gross Proceeds of Tax- Exempt Obligations with other money of the District, provided that the District separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (b) Not less frequently than each Computation Date, the District shaIl calculate or caused to be calculated the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Tax Regulations and rulings thereunder, which calculation the District shaIl maintain with its official transcript of proceedings relating to the issuance of the Tax-Exempt Obligations until six years after the final Computation Date. (c) In order to assure the excludability of the interest on Tax-Exempt Obligations from the gross income of the owners thereof for federal income tax purposes, the District shaIl make rebate payments at the times and in the amounts as are or may be required by section 148(f) of the Code and the Tax Regulations and rulings thereunder, which payments shaIl be accompanied by Form 8038- T or such other forms and information as is or maybe required by section 148(f) of the Code and the Tax Regulations and rulings thereunder; provided, however, that the District and the Participant agree that liability of the District to make any such payments shaIl be limited to amounts received by it for such purpose pursuant to this Contract and the Like-Contracts. (d) The District shaIl cause the exercise of reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under section 1.148-3(h) of the Tax Regulations. (9) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Tax Regulations and rulings thereunder, the District shall not enter into any transaction that reduces the amount required to be paid to the United States pursuant to section 148(f) of the Code because such transaction results in a smaIler, 45471069,2 34 profit or a larger loss than would have resulted if the transaction had been at ann's length and the Yield of the Tax-Exempt Obligations had been irrelevant to each party. (10) Tax-Exempt Obligations Not Hedge Bonds. The District represents that the Tax-Exempt Obligations will not be structured so as to comprise "hedge bonds" within the meaning of section 149(g) of the Code. (11) Elections. The Participant hereby directs and authorizes any authorized representative of the District to make elections permitted or required pursuant to the provisions of the Code or the Tax Regulations, as such authorized representative of the District (after consultation with Bond Counsel) deems necessary or appropriate in connection with the Tax-Exempt Obligations. ARTICLE 23: NO OUTSIDE SERVICE Neither the Delivery Entitlement nor the Participant's Surplus Water, nor any portion of either, shall be sold or delivered or otherwise disposed of by the Participant outside the boundaries of the District. ARTICLE 24: FAILURE TO LEVY, SET OR COLLECT TAXES, RATES AND CHARGES; ESTABLISHMENT OF COVERAGE ACCOUNT (A) Participant's Failure to Establish Taxes. Rates and Charges; Establishing Coverage Account. If the Participant for any reason shall fail or refuse to establish or levy taxes or rates and charges sufficient to satisfy the requirements of Article 20 hereof, or if the Participant shall be precluded from establishing rates and charges at the levels required by said Article 20, then the Participant shall promptly notify the District of such fact in writing, and shall establish a Coverage Account either with the District or with a Depository designated by the Participant to the District in writing. The Participant shall deposit to the Coverage Account, from the first lawfully available funds therefor, an amount equal to one year's Coverage Factor for the amounts allocated to the Participant as the Participant's Capital Projects Installment Debt Service share under Article 16(C)(3) hereof. The Coverage Account shall be invested in accordance with applicable provisions of the Government Code, subject to any limitations established pursuant to Section 148 of the Internal Revenue Code of 1986, as amended, applicable to surplus moneys of the Participant and shall be made and remain available to the Participant and to the District as a source of funds to remedy any failure of the Participant to make its Contract Payments hereunder. The Coverage Account shall be pledged to the District for the purposes described herein, and the Participant covenants and agrees to execute such instruments as may be necessary in order to effect a pledge of amounts on deposit in the Coverage Account, acknowledging and agreeing as well to follow the advice of special tax counsel to the District in connection with the pledge and investment of the Coverage Account, as may be necessary or advisable in order to maintain the tax status of the Tax-Exempt Obligations. (B) Release of Coverage Account. If at any time following the establishment of the Coverage Account hereunder, the Participant shall again be able to and does collect rates and 45471069.2 35 charges as required under Article 20 hereof, the Coverage Account may be released to the credit and name of the Participant for any lawful purpose thereof, upon delivery to the District of satisfactory evidence that (I) the Participant has successfully levied rates and charges for the Participant's Water Enterprise at the appropriate levels for at least one full Fiscal or Water Year since the Coverage Account was first created, and (2) the Participant is then current on all payments due under this Contract; whereupon, the District shall either release the Coverage Account to the Participant or shall direct the Depository to do so, free from the lien described herein; subject, however to any contrary requirements of rating agencies or credit providers providing security for any of the outstanding Municipal Obligations. ARTICLE 25: PARTICIPANT'S OBLIGATIONS SEVERAL AND NOT JOINT; STEP-UP PROVISIONS AND REIMBURSEMENT (A) Participant Not Responsible for Failures of Other Participants: Exception. Except as provided in paragraph (B) of this Article, the Participant shall be solely responsible and liable for performance under this Contract and shall not be responsible for any failures of any Other Participant to perform such Other Participant's obligations under any other Like-Contract. The obligations to the District to make payments under this Contract and under the other Like- Contracts are expressly recognized by the District as several, and not joint, and no default on the part of one, or more, of the Other Participants shall, in and of itself, create an event of default under this Contract. The Coverage Account of the Participant, if any is established hereunder, shall not be available for any failure of any Other Participant to make payments under any of the other Like-Contracts between the District and the Other Participants, unless otherwise directed or approved in writing by the Participant. (B) Participant's "Step-Up" Obligations. If for any reason the Participant or any Other Participant shall failto pay its share of Capital Projects Installment Debt Service hereunder or under its Like-Contract, the amount of the resulting Debt Service Shortfall shall be paid, collectively, by all Non-Delinquent Participants. If there is more than one Delinquent Participant, the amount of the Debt Service Shortfall shall be the sum of the unpaid amounts for each Delinquent Participant. When such a Debt Service Shortfall occurs, the Participant shall be required to increase its Contract Payments for the particular Water Year by an amount equal to its pro rata share of the Debt Service Shortfall; provided, however, that each Other Participant who is not a Delinquent Participant shall be required by the Other Participant's Like-Contract to also contribute to the Debt Service Shortfall so that the Participant, and all of the Other Participants who are not Delinquent Participants, shall each contribute to the Debt Service Shortfall in a proportion determined by dividing each said Non-Delinquent Participant's Capital Projects Installment Debt Service share (under Article l6(C)(3) of this Contract and the Like- Contracts) by the aggregate of all the Participant's Installment Debt Service shares of all Non- Delinquent Participants, including the Participant; and provided further, that the Participant in no event shall be required under this paragraph to contribute to the Debt Service Shortfall by an amount in any Water Year exceeding the amount which is twenty-five percent (25%) of the share of Capital Projects Installment Debt Service allocated to the Participant under Article 16(C)(3) hereof. 45471069.2 36 (C) Rel'avrnent to Participant by Delinauent Participant(s). Ifpayments are made by the Participant as a Non-Delinquent Participant during any Water Year under the foregoing paragraph (B), the District shall, beginning on the first Due Date when a Debt Service Shortfall is created by a Delinquent Participant, declare a default as to such Delinquent Participant under the Delinquent Participant's Like-Contract and the District shall be entitled to suspend deliveries of the Delivery Entitlement established for such Delinquent Participant under its Like-Contract; notwithstanding the foregoing, by the terms of its Like-Contract, such Delinquent Participant shall nonetheless continue to be obligated for amounts paid on its behalf by the Non-Delinquent Participants, until the Defaulting Participant has reimbursed each Non-Defaulting Participant in full for the amounts they have previously paid in as their pro rata shares of the Debt Service Shortfall. Reimbursement of amounts advanced by the Participant and the Other Participants as Non-Delinquent Participants (or, in the case of multiple Delinquent Participants, the proportionate share thereof) is immediately due and payable to the District by the responsible Delinquent Participant or Participants, and, if not so paid, and notwithstanding the provisions of Article 26(C) of the Delinquent Participant's Like-Contract, shall incur interest on the unpaid portion until paid in full at a rate per annum equal to the average rate for the County Treasury Pool, plus two percent (2%) per annum, for the month for which the County Treasury Pool rate was most recently calculated, based on a 360-day year of twelve 30-day months; provided, however, that payments to be made as reimbursements by a Delinquent Participant are deemed and understood to be subordinate to the obligations of the Delinquent Participant to pay the amounts allocated to the Delinquent Participant as the Delinquent Participant's share of the District's Capital Projects Installment Debt Service under Article l6(C)(3) of the Delinquent Participant's Like-Contract. (0) "Step-UP" to Be Exhausted before Recourse to Debt Service Reserve Fund/Surety Bond. Shortfalls in Total Participant Contract Payments shall be remedied under this Article prior to the District's making any withdrawal from any debt service reserve fund established, or under the reserve surety bond posted, for the Municipal Obligations, if any are then outstanding. Drawings on or under the debt service reserve fund or reserve surety bond shall be delayed until and unless insufficient moneys are available from Non-Defaulting Participants hereunder. (E) District's Covenant to Owners of Municipal Obligations: The District covenants and agrees to enforce the provisions of this Contract with due diligence, including, without limitation, the provisions of this Article for the benefit of the owners, from time to time, of the Municipal Obligations. ARTICLE 26: EVENTS OF DEFAULT; DISTRICT'S REMEDIES (A) Events of Default by Participant. The following shall constitute events of default hereunder: (1) The Participant shall fail to make timely payments in full of all amounts due from the Participant under the terms ofthis Contract; or (2) The Participant shall fail to establish or collect, or cause to be collected, all rates and charges, and other sums, necessary to enable Participant to make the 45471069.2 37 payments required hereunder, as provided in Article 20 hereof, and, following thirty (30) days written notice from the District to the Participant, the Participant shall fail to remedy such failure to the satisfaction of the District; or (3) The Participant shall fail to perform any other obligation or covenant hereunder and shall fail to remedy such failure to the satisfaction of the District within thirty (30) days following the Participant's receipt of written notice from the District, or for such additional time as is reasonably required, in the sole discretion of the District, to correct the same; or (4) The Participant shall file any petition or institute any proceedings under any act or acts, State or federal, dealing with or relating to the subject of bankruptcy or insolvency or under any amendments to such act or acts, either as a bankrupt or as an insolvent or as a debtor or in any similar capacity, wherein or whereby the Participant seeks or prays to be adjudicated a bankrupt or is to be discharged from any or all of its debts or obligations, or offers a reorganization of its obligations for the benefit of creditors, or asks for similar relief. (B) District's Remedies. Upon the occurrence of an event of default hereunder, the District shall be entitled to protect and enforce the rights vested in the District by this Contract by appropriate judicial proceedings as the District may deem most effective or convenient, either in equity or law. The use by the District of any remedy specified herein for the enforcement of this Contract is not exclusive and shall not deprive the District of, or limit the application of, any other remedy provided hereunder or by law or by equity. Without limiting the generality of the foregoing, the District shall be entitled to pursue any of the following remedies: (1) The District may suspend the delivery to the Participant of water hereunder during the period when the Participant is delinquent in its payments or other obligations to the District hereunder, but only following notice to the Participant and the imposition of such remedy following a formal hearing conducted by the Board of Supervisors, unless such failure to pay is as described in subparagraph (5) below; (2) The District may compel the Participant, or its governing board, by action in any court of competent jurisdiction to account to the District as the trustee of an express trust; (3) The District may pursue an action in any court of competent jurisdiction to enjoin any acts or things which may be unlawful or in violation of the rights of the ' District hereunder; and (4) The District may proceed in mandamus or other suit, action or proceeding at law or in equity to enforce its rights against the Participant (and its governing board, officers, agents and employees) and to compel the Participant to perform and carry out its duties and obligations under the law and its covenants and obligations as set forth herein. (5) If the Participant shall fail to make timely payments in full of all amounts due from the Participant under the terms of this Contract, and if, as a result, payments are made by any Non-Delinquent Participant during any Water Year under Article 25(B) 45471069,2 38 hereof, then the District shall, beginning on the first Due Date, declare a default as to the Participant and the District shall be entitled to suspend deliveries of the Delivery Entitlement without referring the matter to the Board of Supervisors for a hearing; notwithstanding the foregoing, by the terms of this Contract, the Participant shall nonetheless continue to be obligated for amounts paid on its behalf by the Non- Delinquent Participants, until such time as the Participant has reimbursed each Non- Defaulting Participant in full. Said amounts advanced by the Non-Delinquent Participants are immediately due and payable by the Participant, and, ifnot so paid, and notwithstanding the provisions of paragraph (C) of this Article, shall incur interest on the unpaid amounts until paid in full at a rate per annum equal to the average rate for the County Treasury Pool, plus two percent (2%) per annum, for the month for which the County Treasury Pool rate was most recently calculated, based on a 360-day year of twelve 30-day months; provided, however, that payments to be made as reimbursements under this paragraph are deemed and understood to be subordinate to the obligations of the Participant to pay the amounts allocated to the Participant as the Participant's share of the District's Capital Projects Installment Debt Service under Article 16(C)(3) of this Contract. (C) Rate of Interest. Upon each charge to be paid by the Participant to the District pursuant to this Contract which remains unpaid after the time the same shall have become due and payable, interest shall accrue at an annual rate equal to that eamed by the County Treasury Pool as provided in California Government Code at Section 16480 et seq., calculated monthly on the amount of such delinquent payment from time to time after the due date when the same becomes due until paid, and the Participant hereby agrees to pay such interest; provided, that no interest shall be charged to or paid by the Participant unless such delinquency continues for more than thirty (30) days. The Participant hereby agrees to pay such interest to the District, whether or not the District shall pursue any of the remedies specified in this Article. In no event shall said default interest be compounded. ARTICLE 27: CHANGES IN ORGANIZATION The Participant shall furnish the District with maps showing the boundaries of the Participant and showing the service area or areas of the Participant's water distribution system. Throughout the term of this Contract, the Participant shall promptly notify the District of any changes in said boundaries and in said service area or areas occasioned either by addition or by removal of territory. So long as there are outstanding any Municipal Obligations, the Participant shall take no action to remove any lands from the Participant or its service areas without the prior written consent of the District. ARTICLE 28: ADDITIONAL CAPITAL PROJECTS (A) Required Additional Projects. At any time, and from time to time, without the consent of the Participant or any Other Participant, the District shall have the authority to undertake the construction or equipping of any Required Additional Project, provided that, 45471069.2 39 before a Required Additional Project may be commenced by the District pursuant to direction or order of a competent Governmental Authority, the Participant and the Other Participants shall be afforded notice by the District of said direction or order and each shall have the opportunity to oppose the imposition of such requirement before a court of competent jurisdiction. Only if a final judgment is thereafter rendered in favor of such direction or order of the said Governmental Authority, or ifno such opposition is filed, shall the directed or ordered project be undertaken by the District. It is .the intention of the parties hereto that the District shall, as and when necessary, be deemed to assign its rights to pursue opposition to the creation of any obligations hereunder by a Governmental Authority to the Participant and/or the Other Participants as third party beneficiaries hereof and real parties in interest. The District shall allocate the costs of each Additional Capital Project among All Participants pro rata according to the Delivery Entitlement Share and the Other Delivery Entitlement Shares, respectively, unless the Commission shall determine that some other manner of cost allocation is more equitable in which case the Commission's determination shall be final. (B) Approved Additional Proiects. An Approved Additional Project may be undertaken at any time, and from time to time, by the District in accordance with the terms ofthe specific agreements between the District and the Participant and the Other Participants, provided that, funding for an Approved Additional Project will not be from Capital Reserves but from a new and separate capital fund established by the District as a part of the agreement establishing each Approved Additional Project. (C) Emergencv Proiects. Emergency Projects, including emergency repairs to the Nacimiento Project, may, notwithstanding the above, be made by the District without notice to, or consultation with, the Participant or the Nacimiento Project Commission or with any Other Participant. The District shall then allocate the costs of each Emergency Project among All Participants pro rata according to the Delivery Entitlement Share and the Other Delivery Entitlement Shares, respectively, unless the Commission shall determine that some other manner of cost allocation is more equitable, in which case the Commission's determination shall be final. ARTICLE 29: USE OF RESERVE WATER The District may use the District's Reserve Water as follows: (A) Priorities. The District shall use the District's Reserve Water in the following order of priority: (I) For the alleviation of any permanent water shortage described III Article 14(B) hereof; (2) For the alleviation of any temporary water shortage described III Article 14(A) hereof; (3) For the satisfaction of the District's obligations to each of the Reserve Water Customers; 45471069.2 40 (4) For adding to and supplementing the Delivery Entitlements for the Participant and/or the Other Delivery Entitlements for the Other Participants who are Initial Participants as provided for by Article 6(D) herein; (5) For additional and New Participants (dermed in paragraph (C) below) who were not Initial Participants; (6) For such other purposes as the District deems useful and beneficial to the Nacimiento Project. (B) District's Sale of Reserve WaterIReserved Capacity by Amending Participant's Contract and/or the Like-Contracts of Other Participants who were Initial Participants. In the event that the Participant, or any Other Participant who was an Initial Participant, desires to purchase additional capacity in the Nacimiento Facilities and additional rights to have a portion of Reserve Water conveyed and delivered to the Participant and to the extent that the amount of Reserve Water and Reserved Capacity is sufficient to do so, the District and the Participant may amend this Contract (or, in the case of an Other Participant, the Like-Contract), provided that the District shall not enter into any such amendment which provides terms more favorable than those presently existing in this Contract, and in each Like-Contract, and provided that the Participant shall, in addition to the payments required under the Like Contract, pay to the Districtl!J!l.~.(tl1e "Purchase of Reserve Water Deliverv Entitlement and Reserved Caoadty'Fee;;>:am.;;imtingto a ~um which will reasonably compensate the District for the Partic:ipl!llt's UIlIt }>erceptage $hare aT the Total Nacimiento Project Construction Costs pius tl1!l cQsts.Of. any Additional Capital ProjeCts which are necessarY or conveniellt for the conveyanceand/Qr delivery of the Delivery Entitlement. The Distric.t shall apply the Purchase of R~S.erye Wat~!p..eIYerY!<:l.!titlement and Reserved Capacity Fee as a credit to the obligations of the Participant and the Other Participants based 011 their respective.Unit Percentage Share. However, the DIstrict shall not so amend this Contract without having first" provided" sixty (60) days written notice to each Other Participant of the fact that the Participant has applied to the District for such an amendment to this Contract and providing each such Other Participant an opportunity to likewise apply for an additional Delivery Entitlement of Reserve WaterIReserved Capacity~ In the event that Other Participants shall also apply to the District at the time of Participant's application for additional Delivery Entitlements of Reserve Water, then to the extent that there is not sufficient Reserve Water or Reserved Capacity to satisfY all of the applications for additional Delivery Entitlements, the . Participant and all Other Participants applying for additional Delivery Entitlements shall be granted additional Delivery Entitlements in proportion to their respective Delivery Entitlements existing at the time of the applications. (C) District's Contract(s) for All or a Portion of Reserve Water and Reserved Capacity by Execution of Like-Contracts with New Participants who were Not Initial Participants. In the event that an entity desires to become a New Participant, acquiring rights to capacity in the Nacimiento Facilities and rights to have conveyed and delivered to the New Participant a portion of Reserve Water, and to the extent that the amount of Reserve Water and the District's Reserved Capacity is sufficient to do so, then the District, after consulting with the Nacimiento Project Commission, and after receiving the written approval from that portion of All Participants holding, in the aggregate, at least fifty-five percent (55%) of the total of all delivery entitlements to Nacimiento Project Water existing at that time, may enter into a Like- 45471069.2 41 Contract with such New Participant, provided that said New Participant shall, in addition to the payments required under the Like-Contract, pay to the District a Purchase of Reserve Water Delivery Entitlement and Reserved Capacity Fee as described above herein. However, notwithstanding the foregoing sentence, each entity listed on Exhibit B hereto shall have the right to become a New Participant, and the District may enter into a Like-Contract with such New Participant, ~IU'\Jl.Y ~ay llcfl!lf the last.day. of the Design Phase without consultation with the Commission or writtep, approval from any portion of All Participants, provided, that said New Participant shall, in addition to the paymenttrequrrech.m.der its Like-Contract, pay to lhe Distri'ct a}>)lIchase of Reserve Water Delivery Entitlement and Reserved Capacity Fee as described' above herein. The District shall apply the Purchase of Reserve Water Delivery Entitlement and Reserved Capacity Fee received from any New Participant as a proportionate credit to the obligations of the Participant and the Other Participants (excluding the New Participant) based on the Participant's and the Other Participants' Unit Percentage Shares. Notwithstanding the foregoing, or any other provision of this Contract, the District shall not execute a Like-Contract with a New Participant if such execution would result in any of the Tax-Exempt Obligations being treated as an obligation not described in Section 103(a) of the Internal Revenue Code of 1986, as amended, by reason of classification of such Tax-Exempt Obligation as a "private activity bond" within the meaning of Section 141 of said Code. . (D) District's Sale of Reserve Water to Reserve Water Customers. (1) The District may enter into an agreement to deliver all or a part of Reserve Water to Reserve Water Customers under the following conditions: (a) There is Reserve Water and Reserved Capacity available in any year after application of the priorities set forth above herein; (b) years; and The agreement cannot be for a period of time in excess of five (c) The price charged by the District to any Reserve Water Customer for the delivery of said Reserve Water may not be less than the greater of: (i) rates that the District would charge for Surplus Water under Article 12 of this Contract delivered to that Participant geographically nearest the place where the Reserve Water Customer talces delivery of Reserve Water; or, (ii) the charges resulting from the application ofthe provisions of Article 30(A) hereof. (2) The District's revenues from an agreement for the temporary delivery of Reserve Water to Reserve Water Customers shall be applied by the District to effect a credit under Article 17(B)(3) hereof ("Credit for Participant's Portion of Anv of District's SumluslWheelingfDistrict Customer Revenues"). ARTICLE 30: USE OF RESERVED CAPACITY The District shall use its best efforts to temporarily lease the Reserved Capacity of the Nacimiento Facilities. 45471069.2 42 (A) District's Use ofCaoacitv in the Nacimiento Facilities for the Deliverv of Reserve Water through the Nacimiento Facilities to a Reserve Water Customer. If at any time during the term of this Contract, the District conveys Reserve Water through any Unit to a Reserve Water Customer, the Reserve Water Customer shall be required to pay the District for such conveyance and delivery service in a manner and at prices which will return to the District the largest net revenue practicable, but in no event shall such conveyance be effected at charges less than those applicable to the conveyance of Delivery Entitlement through the same Unit or Units. In determining the appropriate charges for water conveyed and delivered for a Reserve Water Customer, the District shall take into account the particular Unit or Units through which conveyance of such water occurs, shall compare the Operation and Maintenance Costs and Capital Projects Installment Debt Service apportionable to such Unit or Units with Nacimiento Project Costs, and shall further compare the amount of water conveyed for Reserve Water Customers through such Unit or Units with the amount of Nacimiento Project Water conveyed for the Participant and for the Other Participants through such Unit or Units for the same period oftime. (B) Wheeling of Water. If at any time during the term of this Contract, the District conveys water to any Wheeling Customer, said Wheeling Customer shall be required to pay the District for such conveyance and delivery service in a manner and at prices which will return to the District the largest net revenue practicable, but in no event shall such conveyance be effected at charges less than those applicable to the conveyance of Delivery Entitlement through the same Unit or Units. In determining the appropriate charges for water conveyed and delivered for a Wheeling Customer, the District shall take into account the particular Unit or Units through which conveyance of such water occurs, shall compare the Operation and Maintenance Costs and Capital Projects Installment Debt Service apportionable to such Unit or Uuits with Nacimiento Project Costs, and shall further compare the amount of water conveyed for Wheeling Customers through such Unit or Units with the amount of Nacimiento Project Water conveyed for the Participant and for the Other Participants through such Unit or Units for the same period of time. The District hereby covenants and agrees not to enter into any contract with a Wheeling Customer for the conveyance of water with a term to exceed one (I) year. ARTICLE 31: UNIFORM CONTRACTS Nacimiento Project Water Delivery Entitlement Contracts executed by the District with the Other Participants (or with any New Participant) shall be substantially uniform with respect to basic terms and conditions when compared with this Contract, but shall provide for different dates and quantities of water to be conveyed and delivered, the places of water delivery, each delivery entitlement share and each unit percentage share and the payment amounts for each participant. ARTICLE 32: AMENDMENTS TO CONTRACT This Contract shall be subject to amendment at any time by mutual agreement of the parties hereto, except insofar as any proposed amendments are in any way contrary to applicable 45471069.2 43 . law, or would have a material adverse effect upon the owners of any of the Municipal Obligations. As a condition to any amendment to this Contract or to the Like-Contracts with the Other Participants, the District shall first have received written confirmation from the rating agency or agencies then providing a rating for the Municipal Obligations, to the effect that the proposed amendments will not adversely affect the rating of the Municipal Obligations and, in the event that the Municipal Obligations, or any portion thereof, shall be covered by municipal bond insurance, the District shall have received prior written consent to such proposed amendments from the provider of such bond insurance. Amendments to this Contract and to the Like Contracts of the Other Participants shall occur only after the written and unanimous consent of the District, the Participant and all Other Participants, except, that the following Additional Projects may be effected without said unanimous consent and upon the following conditions: (A) Approved Additional Proiects. Subject to the provisions of Article 28 hereof, and upon the request of the Participant or of any Other Participant, the District may enter into an amendment of this Contract, and/or of Like-Contracts, in order to undertake the acquisition and' construction of an Approved Additional Project; provided, however, the Participant and/or Other Participants desiring such Project shall first demonstrate that said Approved Additional Project will be economically feasible with the fmancial support of only the Participant and/or the Other Participants participating in said Approved Additional Project. (B) Required Additional ProiectJEmergencv Proiect. The undertaking of a Required Additional Project or of any Emergency Project by the District shall not require the consent of the Participant or of any Other Participant nor the amendment of this Contract or of any Like- Contract(s). (C) AP1;>roval of Amendments bv Participant. The Participant covenants and agrees to act in good faith to approve or reject any proposed amendments hereto within a reasonable period of time. The failure to either approve or reject any such proposed amendment within sixty (60) days from the date of adoption by the Board of a resolution approving such proposed amendment shall constitute a lack of good faith. ARTICLE 33: ESTABLISHMENT OF NACIMIENTO PROJECT COMMISSION In connection with its approval of this Contract, the Participant has appointed a representative of the Participant to sit on the Nacimiento Project Commission. The District covenants and agrees to call a first organizational meeting of the Commission within thirty (30) days of the Effective Date, in accordance with law and, particularly, the provisions of the Ralph M. Brown Act. The Commission shall meet at such intervals and at such places as it shall determine. The total number of votes that may be cast on any issue or proposition considered by the Commission shall be the sum of the number of Commissioners. The Commission member representing the District shall be entitled to vote in proportion to the number of Commissioners. The Commissioners representing the Participant and the Other Participants shall share the remaining votes in proportion to the Delivery Entitlement of the Participant and of each of the Other Participants. 45471069.2 44 The purpose of the Commission shall be to review and approve all substantive matters pertaining to the construction and operations of the Nacimiento Facilities, including the annual budget; provided, however, that the Commission shall have no authority to contract, employ persons, or make expenditures. The BOl;lTd of Supervisors may approve, alter, or return any said approval of the Commission. Furthermore, in every case that the Board alters or returns to the Commission any item or proposition approved by the Commission, the Board shall set forth in writing its findings that caused the Board to alter or return said item or proposition and shall do so only after holding a public hearing at which time the Commissioners shall have the right to appear and address the Board of Supervisors. ARTICLE 34: OPINIONS AND DETERMINATIONS; GOOD FAITH Where the terms of this Contract provide for action to be based upon opinion, judgment, . approval, review or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreason~ble. ARTICLE 35: WAIVER OF CONTRACT RIGHTS Any waiver at any time by either party to this Contract of the party's rights with respect to a default or any other matter arising in connection with this Contract shall not be deemed to be a waiver with respect to any other default or matter. ARTICLE 36: NOTICES All notices that are required either expressly or by implication to be given by any party to the other under this Contract shall be signed for the District and for the Participant by such officers as they may, from time to time, authorize to so act. All such notices shall be deemed to have been given and delivered if delivered personally or if enclosed in a properly addressed envelope and deposited with the United States Postal Service for delivery by registered or certified mail. Unless and until formally notified otherwise, all notices shall be addressed to the parties as follows: To the Participant:. ENTER ADDRESS OF P ARTICIP ANT To the District: Department of Public Works County of San Luis Obispo County Government Center San Luis Obispo, CA 93408 Attention: Director of Public Works 45471069.2 45 ARTICLE 37: ASSIGNMENT The provisions of this Contract shall apply to and bind the successors and assigns of the respective parties, but no assignment or transfer of this Contract, or any part hereof or interest herein, shall be valid until and unless approved by the District. The District shall not approve any such assignment or transfer to any person or entity that is not one or more of the lnitial Participants, or a then-existing New Participant, unless and until the proposed assignment or transfer of this Contract has been offered to and refused in writing by all said Participants. The offer of any such assignment or transfer of this Contract shall be on the same basis to all Participants and if more than one of the said Participants desires to accept the offer, this Contract or portion thereof to be assigned or transferred shall be prorated among them in proportion to their respective unit percentage share in the facilities involved in the assignment or transfer. . The foregoing notwithstanding, no assignment or transfer of this Contract or any part hereof or interest herein shall be valid until such time as the District has received assurances from each rating agency then rating the Municipal Obligations, to the effect that such assignment or transfer will not adversely affect the rating on the Municipal Obligations, and, so long as any Municipal Obligations are then being insured by a municipal bond insurance company, until such time as the District has received the written consent from such bond insurer as to such assignment or transfer. The Participant understands and acknowledges that the District may pledge amounts received and to be received hereunder and under the other Like-Contracts to a financial institution and/or Joint Exercise of Powers Authority as further support for the District's obligations under the Municipal Obligations. ARTICLE 38: INSPECTION OF BOOKS AND RECORDS The authorized officers of the Participant shall have full and free access at all reasonable times to the account books and official records of the District insofar as the same pertain to the matters and services provided for in this Contract, with the right at any time during regular business hours of the District to make copies thereof at the Participant's expense, and the authorized officers of the District shall have similar rights in respect to the account books and records of the Participant for its Water Enterprise. ARTICLE 39: SEVERABILITY Any provision of this Contract that is prohibited, unenforceable or not authorized in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition, unenforceability or nonauthorization without invalidating the remaining provisions hereof affecting the validity, enforceability or legality of such provision in any other jurisdiction. 45471069.2 46 ARTICLE 40: WATER RIGHTS The parties hereto acknowledge and agree that this Contract is an agreement for service, and only contractual rights are created by this Contract. This Contract does not create an entitlement to nor does it convey to the Participant any property right or interest in the Master Water Contract. Except as to rights associated with imported water discussed in this Article, no provision of this Contract shall be considered, interpreted or applied in any fashion to derogate or otherwise diminish, reduce or detrimentally affect, in any fashion, any parties' existing or subsequently developed or acquired Water Rights. This Contract shall not be considered, interpreted nor applied in any fashion to result in any relinquishment or adjustment of any such Water Rights. In particular, no provision of this Contract shall be considered, interpreted or applied in any fashion to diminish, reduce or detrimentally affect, in any fashion, any party's rights pursuant to Water Code Section 1005.1 or Section 1005.2. Notwithstanding anything to the contrary set forth herein, the parties to this Contract acknowledge that the water delivered to the Participant pursuant to this Contract constitutes "imported water." The District agrees to support any effort of the Participant to establish that the water delivered to the Participant pursuant to this Contract constitutes "imported water." The parties further acknowledge that any rights to.water which may arise from the importation and/or use by the Participant of the water delivered pursuant to this Contract (including, but not limited to the use, storage, capture, recapture and/or reuse of such water) are held exclusively by the Participant and no other party. ARTICLE 41: GOVERNING LAW This contract shall be interpreted, governed and enforced in accordance with the laws of the State of California applicable to contracts made and performed in such State. ARTICLE 42: VALIDATION Either the District, the Participant or any Other Participant may file and diligently prosecute to a final decree in a court of competent jurisdiction a proceeding in mandamus or other appropriate proceeding or action for the judicial examination, approval, and confirmation of the proceedings had for the organization of the District and for the participation of the Participant in the Nacimiento Facilities hereunder, or for the validation of the agreement(s) which is the basis for the Municipal Obligations, or any of them, or the proceedings of the governing body of the Participant leading up to and including the making of this Contract and the validity of the provisions thereof and hereof. ARTICLE 43: COUNTERPARTS This Contract may be executed in several counterparts, each of which shall be. regarded as an original and all of which shall constitute one and the same document. 45471069.2 47 IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date first above written. SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By Chairperson, Board of Supervisors APPROVED AS TO FORM: COUNTY COUNSEL: By Deputy County Counsel ATTEST: JULIE L. RODEWALD, COUNTY CLERK By Deputy County Clerk INSERT NAME OF PARTICIPANT By Authorized Representative APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK By By Deputy City Clerk By Deputy City Clerk 45471069.2 48 EXHffiIT A UNIT DESCRIPTIONS Unit A - Lake Nacimiento Intake and Pump Station to Camp Roberts West Property Line: Shall consist of the raw water intake structure including multiport tower, pumps, piping, surge control facilities, access road, screens, gates, valves, controls, electrical service, instrumentation, grounds, fencing, and appurtenances; and pipeline from the intake to the Camp Roberts west property line, including road crossings, controls, instrumentation, air release structures, blowoffs, valves, vaults, corrosion control, and appurtenances Urnt Al - Camp Roberts West ProperlY Line to Camp Roberts Tank and Pump Station Inlet: Shall consist of the pipeline from the Camp Roberts west property line to the inlet connection of the Camp Roberts Pump Station including road crossings, the Nacimiento River crossing, controls, instrumentation, air release structures, blowoffs, valves, vaults, corrosion control, and appurtenances; and Camp Roberts Tank including piping and valves, connections to the main pipeline, controls, instrumentation, corrosion control and coatings, access roads, grounds, fencing, and appurtenances. Unit B - Camp Roberts Pump Station: Shall consist of the Camp Roberts Pump Station from the inlet connection to the discharge connection, including pumps, piping, connections to the main pipeline, surge control facilities, access road, valves, controls, instrumentation, grounds, fencing, and appurtenances. Unit C - Camp Roberts Pump Station Discharge to Monterey Rd / Wellsona: Shall consist of the pipeline from the Camp Roberts Pump Station discharge connection to the intersection of Old Highway 101 and Monterey Road, including the highway crossing, road crossings, controls, instrumentation, air release structures, blowoffs, valves, vaults, corrosion control, and appurtenances. Unit Cl - Monterey Rd / Wellsona to Paso Robles Turnout: Shall consist of the pipeline from the intersection of Old Highway 101 and Monterey Road to the mainline connection for the Paso Robles Turnout, including the Salinas River crossing, railroad crossing, road crossings, controls, instrumentation, air release structures, blowoffs, valves, vaults, corrosion control, and appurtenances. Unit D - Paso Robles Turnout to Templeton CSD Turnout: Shall consist of the pipeline from the mainline connection for the Paso Robles Turnout to the mainline connection for the Templeton CSD turnout, including surge control, microtunneling through Santa Ysabel Ranch, road crossings, controls, instrumentation, air release structures, blowoffs, valves, vaults, corrosion control, and appurtenances. Unit E - Templeton CSD" Turnout to Atascadero MWC Turnout: Shall consist of the pipeline from the mainline connection for the Templeton CSD turnout to the mainline connection for the Atascadero MWC turnout, including road crossings, controls, instrumentation, air release structures, blowoffs, valves, vaults, corrosion control, and appurtenances. 45471069.2 A-I Unit F - Atascadero MWC Turnout to Rocky Canyon Tank Inlet: Shall consist of the pipeline from the mainline connection for the Atascadero MWC turnout to the inlet flange of the Rocky Canyon Tank, including road crossings, controls, instrumentation, air release structures, blowoffs, valves, vaults, corrosion control, and appurtenances. Unit FI - Rocky Canyon Tank: Shall consist of the Rocky Canyon Tank from the inlet flange of the tank through to the inlet connection to the Rocky Canyon Pump Station, including piping and valves, connections to the main pipeline, controls, instrumentation, corrosion control and coatings, access roads, grounds, fencing, and appurtenances. Unit F2 - Rockv Canyon Pump Station: Shall consist of the Rocky Canyon Pump Station from the pump station inlet connection through to the discharge connection, including pumps, piping, connections to the main pipeline, surge control facilities, access road, valves, controls, instrumentation, grounds, fencing, and appurtenances. Unit G - Rocky Canyon Pump Station Discharge to Route 58/Maria Avenue: Shall consist of the pipeline from the discharge connection of the Rocky Canyon Pump Station to the intersection of Maria Avenue and Route 58 in Santa Margarita, including a Salinas River Crossing, road crossings, controls, instrumentation, air release structures, blowoffs, valves, vaults, corrosion control, and appurtenances. Unit Gl - Route 58/Maria Avenue to Cuesta Tank Inlet: Shall consist of the pipeline from the intersection of Maria Avenue and Route 58 in Santa Margarita to the inlet flange of the Cuesta Tunnel Tank, including railroad and road crossings, controls, instrumentation, air release structures, blowoffs, valves, vaults, corrosion control, and appurtenances. Unit G2 - Cuesta Tunnel Tank: Shall consist of the Cuesta Tunnel Tank from the inlet flange of the tank through the north portal inlet flange of the existing Cuesta Tunnel pipeline, including piping and valves, connections to the main pipeline, controls, instrumentation, corrosion control and coatings, access roads, grounds, fencing, and appurtenances. Unit H - Cuesta Tunnel: Shall consist of the existing Nacimiento Pipeline in Cuesta Tunnel from the existing north portal inlet flange through the south portal outlet flange, including controls, instrumentation, air release structures, blowoffs, valves, vaults, corrosion control, and appurtenances. Unit HI - Cuesta Tunnel to San Luis Obispo WTP: Shall consist of the pipeline from the south portal outlet flange of the Nacimiento Pipeline in Cuesta Tunnel to the San Luis Obispo City Water Treatment Plant on Stenner Creek Road, including railroad crossings, road crossings, controls, instrumentation, air release structures, blowoffs, valves, vaults, corrosion control, and appurtenances. Unit T4 - Templeton Community Services District Turnout: Shall consist of the piping, instrumentation and appurtenant facilities connecting the Nacimiento facilities to the Templeton Community Services District water system facilities near the intersection of El Pomar Drive, Templeton Road and Vineyard Street. 45471069.2 A-2 EXHIBIT B ENVIRONMENTAL IMP ACT REPORT ENTITIES California Army National Guard County of San Luis Obispo Service Area No. lOA, 22 and 23 Edna Valley Mutual Water Company Fiero Lane Water Company Lewis C. Pollard Family Trust Morrow Rock Mutual Water Company San Miguel Community Services District Santa Margarita Ranch Mutual Water Company 45471069.2 B-1 APPENDIX B: ZONE 3 ENTITLEMENT CONTRACT CONTRACTIbETWEEN ~AN U:J'~ OIb'~~O COl:JNTY f'bOOD CoNTJtOb AND WATEJtCON~EJt"AnoN Df~TJtfCT AND TtlE CfTY of' AJtJtOYo GRANDE f'OJtA WATEJt ~l:JflflI:;Y Dafed as of AuguSf _' 2.000 LOPEZ WATER CONTRACT TABLE OF CONTENTS Page No. Article 1. Definitions .... ...... ........ ..... ........ ..... .............. ............ .......... ................ ....... ......... ..... ..... ....3 Article 2. Term of Contract........................................................................ ...................................11 Article 3. Validation.............................................................. ........................................................ .12 Article 4. Distribution and Sale of Project Water .........................................................................13 (A) Legally Required Water Releases ..........................................................................13 (B) Entitlements ...... .............. ........................... ........... ...... ........... ........ ....... ..... .... ..... ...13 SllIplus Water Rates ...... .............. ..................... .................. ..... ........... ........ .............. ....... ...14 (D) SllIplus Water.... ............................... ...................... ...... ........... .... .... ................. .... ...15 Article 5. Water Shortages............................................................................................................15 Article 6. Completion of Seismic Remediation Improvements....................................................16 Article 7. Delivery of Water .........................................................................................................18 Article 8. Measurement... ......... ..... ............... ..... ....... ........ ..................... ..................... ........ ........ ...18 Article 9. Time for Delivery of Project Water ..............................................................................19 Article 10. Responsibility for Delivery and Distribution of Water Beyond Delivery Points .......2Q Article 11. Operation and Maintenance of Project and Water Enterprise.....................................20 Article 12. Water Quality ........ .......... ............................. ............. .... ............ ..... .......... .... .... ........ ...24 Article 13. Curtailment of Delivery of Project Water for Maintenance Purposes ........................24 Article 14. Rate and Method ofPayment......................................................................................25 (A) Allocation of Total Project Costs and Debt Service ..............................................25 (B) Agency Contract Payments ....................................................................................26 (C) Agency Credits against Contract Payments ..........................................................27 (D) Quarterly Variable Charges ..................................................................................29 (E) Use by District of Total Contract Payments ..........................................................29 Article 15. Take-or-Pay Obligation of Agency.............................................................................30 Article 16. Pledge; Establishment and Collection of Rates and Charges .....................................30 LOPEZ WATER CONTRACT Article 17. Default ........................................................................................................................31 Article 18. Failure to Levy, Set or Collect Taxes, Rates and Charges..........................................33 Article 19. Area Served by Agency ..............................................................................................34 Article 20. Changes in Organization of Agency ...........................................................................34 Article 21. Agency's Obligations Several and Not Joint; Limited Step-up Provisions and Reimbursement .................... .... ............... .............. ....... ...... .......... ........ .... ... ...... ...... .... .......34 Article 22. Contracts to Be Uniform.................................................................................36 Article 23. Amendments. .... .... ........... ........ ................................... ..................... ............... .... ...... ..36 Article 24. Opinions and Determinations; Good Faith; Information to Be Provided to Zone 3 Advisory Committee ..... ....... ... ........ ...... ................. ...... ..................... ......... ............ ........ ....3 8 Article 25. Waiver of Rights ................................................................................................. ........39 Article 26. Notices.... .............................................................................................................. ........3 9 Article 27. Assignment .............. ..... ...... ................. ........ ......... ................ .......................... ........ ....3 9 Article 28. Inspection of Books and Records ...............................................................................40 Article 29. Severability ...... ........ ........................................ ..... ...... .......... ..... .......... .... ... ...... ....... ....40 Article 30. Water Right ..................... ............................... ...... ...... ................ ........... ..... .............. ...41 Article 31. Wheeling of Water ......................................................................................................41 Article 32. Execution in Counterparts ..........................................................................................42 Article 33. Governing Law ...........................................................................................................42 LOPEZ WATER CONTRACT 11 EXECUTION .................................................................................................................................43 LOPEZ WATER CONTRACT iii CONTRACT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF ARROYO GRANDE FORA WATER SUPPLY This Contract (the "Contract"), made this _ day of August, 2000, by and between the San Luis Obispo County Flood Control and Water Conservation District (the "District"), established under and pursuant to Chapter 1294 of the 1945 Statutes of the State of California (the "State") and the City of Arroyo Grande, a public agency organized and existing under the laws of the State of California, acting pursuant to the laws of such State (the "Agency"), amends and restates that certain contract for a water supply by and between the District and the Agency, dated March 28, 1966, as amended (the "Prior Supply Contract"), with reference to the following facts: WIT N E SSE T H: WHEREAS, the District has heretofore constructed, improved and operated a public works project (the "Project," as more particularly defined below) that provides a supply of water available for use within the District; and WHEREAS, the State now requires the District to make certain repairs and improvements to the Project for public safety reasons, which improvements (the "Seismic Remediation Improvements') must be financed with the proceeds of certain future obligations of the District; and LOPEZ WATER CONTRACT 1 WHEREAS, the lands and inhabitants within the jurisdiction of the Agency are in need of water provided by the Project for beneficial uses; and WHEREAS, the District has provided water from the Project to the City of Grover Beach, the City of Pismo Beach, the City of Arroyo Grande, the Oceano Community Services District and County of San Luis Obispo Service Area No. 12 (being, collectively, the Agency and the Other Agencies, as hereinafter defined) since 1966, pursuant to several water supply contracts, including the Prior Supply Contract (collectively, the "Prior Supply Contracts"), and the parties now wish to amend and restate the Prior Supply Contracts, preserving the same basic structure and obligations; and WHEREAS, the District desires to sell to public water distribution agencies, including the Agency and the Other Agencies, the water provided by the Project under terms and conditions which, as far as practicable and consistent with the ultimate use of the water, shaH be fair and equitable to all such agencies and to the inhabitants of the District; and WHEREAS, the Agency desires to contract with the District for a water supply to be for the use and benefit ofthe lands and inhabitants served by the Agency and for which the Agency will make payment to the District upon the terms and conditions hereinafter set forth; and WHEREAS, the District and the Agency wish to provide for the financing of the Seismic Remediation Improvements and Additional Projects (as defined herein), and for the future LOPEZ WATER CONTRACT 2 maintenance of the Project in order to preserve the water supply provided by the Project to the Agency; and WHEREAS, obtaining the necessary financing for the Seismic Remediation Improvements and Additional Projects (as defined herein) will aid the District in meeting its intended comrnunitywide results of: maintaining and encouraging a safe, healthful and pleasant living environment, and encouraging a strong and viable economy; NOW, THEREFORE, ITIS HEREBY MUTUALLY AGREED by the parties hereto, as follows: Article 1. Definitions. When used in this Contract, the following terms shall have the meanings hereinafter set forth: "Additional Projects" shall mean those capital projects to be undertaken by the District in addition to the Seismic Remediation Improvements which have the effect of (i) preserving and maintaining the Safe Yield of the Project (a "Type I Additional Project"); (ii) maintaining the quality of water providl;d by the Project (a "Type II Additional Project"); or (iii) any other capital project agreed to by the Agency and all ofthe Other Agencies (a "Type III Additional Project"). "Calendar Ouarter" shall mean each three-month period commencing on January 1, April1, July 1 and October 1 of each year. "Calendar Year" shall mean the twelve-month period from January 1 of a calendar year to December 31 of the same calendar year, both dates inclusive. LOPEZ WATER CONTRACT 3 "Capital Costs" shall mean costs expended by the District at or appurtenant to the Project, for permanent improvements to the Project or equipment which is capitalizable on the books of the District. "Capital Reserves" shall mean those reserves established by the District for the Scheduled Maintenance of the Project or for anticipated costs of upgrade and improvements likely to be imposed by Governmental Authority (each, an"External Requirement") in order for the District to continue to operate the Project for water supply purposes, established either (a) on a year-to-year basis by the District in its annual budgets, copies of which shall be provided to the Agency promptly following adoption, or (b) on a multi-year basis by the District through the development and promulgation to the Agency of a long-term capital improvement plan of the District; provided, however, that no Type m Additional Projects shall be funded from Capital Reserves; and provided further, that the District shall not expend any portion of Capital Reserves for any External Requirement until and unless such External Requirement becomes a final order of such Governmental Authority, not subject to further appeal. "Contract Payments" shall mean those payments due from the Agency to the District hereunder, as more particularly set forth in Article 14 hereof. "County Board" shall mean the Board of Supervisors of the County of San Luis Obispo, California. "Coverage Account" shall mean the account established for the Agency either with the District or with a Depository, as provided in Article 18 hereof. "Coverage Factor" shall mean 25% of Agency Debt Service, determined In accordance with Article 14 hereof, calculated for each Fiscal Year. LOPEZ WATER CONTRACT 4 "Debt Service" shall mean, in the aggregate, (a) principal and interest (or mandatory sinking fund payments, installment or lease or similar payments due) with respect to all Tax-Exempt Obligations at the time outstanding in accordance with their terms, provided that capitalized interest funded from the proceeds of Tax-Exempt Obligations need not be taken into account, (b) annual costs of administering the Tax-Exempt Obligations, including the annual fees of any trustee or paying agent therefor, and (c) the costs, if any, of annual credit enhancement for the Tax-Exempt Obligations. "Deoositorv" shall mean a financial institution designated for the deposit and administration of the Coverage Account of the Agency, as and when appointed in accordance with Article 18 hereof. "Entitlements" shall mean the quantity of water to be distributed to the Agency under this Contract and to the Other Agencies under their Water Supply Contracts with the District, as established in Article 4(B) hereof and of such other Water Supply Contracts. "Fiscal Year" shall mean the twelve-month period from July 1 of a Calendar Year to June 30 of the immediately following Calendar Year, both dates inclusive. "General Obligation Bonds" shall mean those certain general obligation bonds of the District; issued pursuant to authorization received from the voters of the District at the election conducted on March 7, 2000, in an aggregate principal amount of not to exceed $13,200,000, supported by a levy of ad valorem taxes throughout the District. "Governmental Authoritv" shall mean any State, federal or local governmental authority with cognizance over the District or the Project, or any portion thereof, empowered to regulate or control any aspect of its or their operations. LOPEZ WATER CONTRACT 5 '.'Operating Segment," as to the Agency, shall mean the segment of the Project constructed for, and providing service directly to, the Agency, which, as at the date hereof, consists ofUnit(s) A andB. "Operation and Maintenance Costs" shall mean the reasonable and necessary current expenses of maintaining, repairing and operating the Project, including District administrative expenses directly attributable to Project function, but excluding Capital Reserves and Debt Service, all computed in accordance with generally accepted accounting principles applicable to enterprise funds of government agencies. "Other Agencv" shall mean any other water-distributing public agency of the State, which, having the legal power to do so, executes a water supply contract with the District substantially identical to this Contract, except for agency information, dates, Unit participations, Proportionate Share and Percentage Share, other than for the purpose of purchasing Surplus Water, including, as of the date hereof, the County of San Luis Obispo on behalf of Service Area No. 12, The City of Grover Beach, Ocean Community Services District, and The City ofPismo Beach. "Percentage Share" shall mean the Agency's aggregate attributed share, by percentage, of charges for Operation and Maintenance Costs and Capital Reserves for any given Water Year for each respective Unit, as compared to all of the charges for Operation and Maintenance Costs and Capital Reserves attributable to each such Unit levied against the Agency and all Other Agencies, and as specified for the Agency below: Unit A Unit B UnitC Unit D $0.55% 50.55 0.00 0.00 LOPEZ WATER CONTRACT 6 Unit E 0.00 Unit F 0.00 UnitG 0.00 UnitH 0.00 Unit I 0.00 Unit J 0.00 "Project" shall mean (A) the 1965 Zone 3 Project described in Resolution No. 377-65 and Ordinance No. 813 of the District, adopted August 17, 1965, consisting of the following works and improvements: (i) Lopez Darn and Reservoir, (ii) Lopez Darn-Arroyo Grande Conduit System, (iii) Arroyo Grande-Avila Conduit System, (iv) Arroyo Grande-Oceano Conduit System, (v) water treatment plant, (vi) terminal reservoir, (vii) all land, easements, rights-of-way, pumping plants, pipes, valves, fittings, machinery and other property necessary for any of the foregoing, and (B) the Seismic Remediation Improvements. "Proportionate Share" shall mean the percent bfthe total Entitlements available to the Agency, as compared to the aggregate of all Entitlements given to the Agency and all Other Agencies hereunder and under all Water Supply Contracts in any given Water Year, as set forth in Article 4(B) hereof. "Rates and Charges" shall mean the rates and charges imposed and collected by the Agency for the provision of water services by its Water Enterprise, or, ifthe Agency shall instead have levied special taxes as described in Article 14(C)(b) below, such special taxes. "Recreational Budget Transfers" shall mean the annual transfer ordered by action of the County Board from revenues earned from recreational uses of the Project, based on the LOPEZ WATER CONTRACT 7 percentage of recreational usage, initially established under the terms of County Board Resolution No. 2000-133, adopted on April 4, 2000. "Safe Yield" shall mean the safe yield of the Project, calculated and established from time to time in accordance with the provisions of Article 4 hereof, being 8,730 acre-feet of water as of the date hereof. "Scheduled Maintenance" shall mean the maintenance tasks for the Project which are required to be accomplished less frequently than annually, a portion of the cost of which is set aside in each annual budget of the District in anticipation of such requirement. "Seismic Remediation Imorovements" shall mean those certain improvement, more particularly described on Exhibit A hereto, to the 1965 Zone 3 Project required by State mandate, and necessary in order for the Project to continue to operate as a supplier of water to the District, the Agency and the Other Agencies. "Surplus Water" shall mean the water available from the Project following distributions of water described in Article 4, paragraphs (A), (B) and (C) hereof. "Tax-Exemot Obligations" shall mean those certain obligations executed and delivered by or on behalf of the District, representing and evidencing interests of the owners thereof in certain installment payments to be made by the District for the acquisition of the Project, whose proceeds are to be used to fmance or reimburse the costs of the Seismic Remediation improvements, in an aggregate principal amount of not to exceed the net amount, following the application of proceeds of sale of the General Obligation Bonds, required to complete the Seismic Remediation Improvements pursuant to State mandate and the District's competitive bid process for such "Total Contract Pavments" shall mean all of the payments due from the Agency and the Other Agencies pursuant to Article 14 hereof and the same Article of the other Water Supply Contracts. "Total Proiect Costs" shall mean, for any given Water Year, the aggregate amount necessary to provide for (i) Operation and Maintenance Costs; (ii) Debt Service; and (iii) Capital Reserves, as calculated by the District in accordance with Article 14 hereof and noticed to the Agency and the Other Agencies. "Unit" shall mean tI;1ose facilities which collectively make up the Project, delineated as follows: (1) "Unit A" shall consist of the Lopez Dam and Reservoir, including acceSs roads, fish trapping.facilities and outlet works, all expenses of executing and delivering the Tax-Exempt Obligations, all moneys necessary to fund interest with respect to the Tax-Exempt Obligations prior to receipt of the first payments under this Contract and the other Water Supply Contracts, and all engineering and legal fees for the entire Project. (2) ''Unit B" shall consist ofthe terminal reservoir, a pumping plant and bypass conduit, the water treatment plant and the Lopez Dam-Arroyo Grande Conduit System. The "Lopez Dam-Arroyo Grande Conduit System" shall be defined as that portion of the pipeline conduit and all appurtenances from the Lopez Dam outlet works to and including a bifurcation structure located at the intersection of the Highway 101 south frontage road and Brisco Road in Arroyo Grande. (3) ''Unit C" shall consist of that portion of the Arroyo Grande-Avila Conduit System consisting of the pipeline conduit and all appurtenances from the bifurcation structure which is a part of Unit B to the intersection ofthe Highway 101 south frontage road and Eighteenth Street in Grover City. (4) ''Unit D" shall consist of the Arroyo Grande-Oceano Conduit System. The "Arroyo Grande-Oceano Conduit System" shall be defined as that portion of the pipeline conduit and all appurtenances from the south end of the Lopez Dam- Arroyo Grande Conduit System to a connection to the Oceano water system at the . intersection of Lancaster Drive and Elm Street in Arroyo Grande. (5) "Unit E" shall consist of that portion of the Arroyo Grande-Avila Conduit System consisting of the pipeline conduit and all appurtenances from the LOPEZ WATER CONTRACT 9 west end of Unit C to the intersection of the Highway 101 south frontage road with Vista del Mar in Shen Beach. (6) "Unit F" shall consist of that portion of the Arroyo Grande-Avila Conduit System consisting of the pipeline conduit and an appurtenances from the west end of Unit E to the intersection ofthe Sheel Beach Road with El Portal Drive in Pismo Beach. (7) "Unit G" shan consist of that portion of the Arroyo Grande-Avila Conduit System consisting of the pipeline conduit and an appurtenances from the west end of Unit F to the intersection of Avila Road (San Luis Obispo County Road No. 3016) with Ontario Road (San Luis Obispo County Road No. 33090). (8) "Unit H" shan consist of that portion of the Arroyo Grande-Avila Conduit System consisting of the pipeline conduit and all appurtenances from the west end of Unit G to the intersection of First Street and San Juan Street in the community of Avila Beach. (9) "Unit I" shall consist of that portion of the Arroyo Grande-Avila Conduit System consisting of the pipeline conduit and all appurtenances from the west end of Unit H to the Port San Luis Harbor District Tank site. (10) "Unit 1" shall consist of that portion of the Arroyo Grande-Avila Conduit System consisting of the pipeline conduit and all appurtenances from the west end of Unit G to a storage take site at an approximate elevation of 260 feet above sea level located at a point approximately 1,300 feet westerly of the center line of Highway 101 and 1,500 feet southerly of Avila Drive (San Luis Obispo County Road No. 13015). "Water Enterprise" shall mean the water system operated and to be operated by the Agency for sales of water to the general public within its jurisdiction. "Water Supplv Contracts" shall mean the water supply contracts respecting Project output, entered into by and betWeen the District and the Other Agencies. "Water Year" shall mean the twelve-month period from April I ofa Calendar Year to March 31 of the immediately following Calendar Year, both dates inclusive. "Zone 3" shall mean the area comprising Zone 3 of the District. LOPEZ WATER CONTRACT 10 "Zone 3 Advisorv Committee" shall mean that certain advisory committee comprised of representatives of the District, the Agency and each of the Other Agencies, appointed by the District, the Agency and the Other Agencies, from time to time and meeting at scheduled intervals to advise the District on matters relating to the Project, this Contract and the Water Supply Contracts. Article 2. Term of Contract. This Contract shall become effective when the District has executed (a) this Contract with the Agency; and (b) Water Supply Contracts with Other Agencies; which, taken in the aggregate, establish Entitlements for at least 4,530 acre-feet of water from the. Project, as set forth in Article 4(B) of this Contract and of such other Water Supply Contracts, and the District shall promptly advise the Agency in writing of the effective date hereof. This Contract shall remain in effect through the later of (i) the date which is six (6) months following the repayment of the fmal Certificate of Participation outstanding; or (ii) the date which is thirty (30) years from the effective date hereof; provided, however, that the term of this Contract shall automatically be extended for additional periods of five (5) years from the scheduled expiration date hereof, so long as the Agency has not, by the date which is 180 days prior to the scheduled expiration date hereof, given written notice to the District to the effect that it wishes to terminate this Contract. The Agency understands and agrees that each of the Other Agencies has the right to terminate its Water Supply Contract on similar terms and that, if any Other Agency shall so elect to terminate its Water Supply Contract, the Entitlement and corresponding obligations of such Other Agency shall be apportioned among the Agency and the remaining Other Agencies, based upon a recalculation of Proportionate Share or Percentage Share, based, where appropriate, on their access to and use of Units, or as otherwise unanimously agreed by the Agency (unless the Agency shall have withdrawn), all remaining Other Agencies and the District. LOPEZ WATER CONTRACT 11 The parties hereto understand and agree that the Proj ect must be constructed in accordance with State mandate and that its costs are determined through a competitive bid process applicable to public works undertaken by the County and its agencies, now set for a date on or about September 14,2000 (the "Project Bids"). Notwithstanding the foregoing paragraph, therefore, the Agency and Other Agencies (collectively, the "Participating Agencies") may rescind their approval of their respective Water Supply Contract and declare it cancelled and of no further force or effect, but only if, following the County's opening of the Project Bids, the lowest response bidder for the remaining work on the Project submits a Project Bid which, taken together with the other Project Costs, would result in a total Project Cost in excess of$30,000,000 (Thirty Million Dollars). The District covenants and agrees to provide prompt notice, and in any event within 48 hours of its determination of the apparent winning Project Bid, to the Participating Agencies of the then- estimated total Project Costs. The Participating Agencies shall have twenty (20) calendar days from the date of receipt of such notice to exercise their rights of termination and recission hereunder; such exercise shall be evidenced by delivery of written notice of such participating Agency's election to the District and to each other Participating Agency. The District covenants and agrees not to award any construction contract based on the Project Bids until after the foregoing twenty-day period has elapsed. Article 3. Validation. Either the District, the Agency or any Other Agency may file and diligently prosecute to a fmal decree in a court of competent jurisdiction a proceeding in mandamus or other appropriate proceeding or action for the judicial examination, approval, and confirmation of the proceedings had for the organization of the District and for the participation ofthe Agency in the Project hereunder, or for the validation of the Installment Purchase Agreement which is the basis for the Tax-Exempt Obligations, or any of them, or the proceedings of the governing body of the LOPEZ WATER CONTRACT 12 Agency leading up to and including the making of this Contract and the validity of the provisions thereof and hereof. Article 4. Distribution and Sale ofProiect Water. The following provisions govern the distribution of water from the Project to the Agency, to the Other Agencies and for other purposes, in the priorities set forth below: (A) Legallv Required Water Releases. The parties hereto acknowledge and agree that Project water is subject to certain releases and minimum storage requirements imposed by law which are not affected by the terms hereof. (B) Entitlements. Subject to the foregoing, the District shall make available to the Agency in each Water Year, to the extent possible, 2,290 acre-feet of Project water. The District will, in order to satisfY this entitlement and the entitlements of Other Agencies, set aside from the Safe Yield the total of 4,530 acre-feet of Project water which will be distributed to the Agency and the Other Agencies, as established under Article 4(B) hereof and of their respective Water Supply Contracts. The Agency's Entitlement comprises 50.55 percent of the aggregate Entitlements awarded under all the Water Supply Contracts, including this Contract. Such percentage comprises the Agency's Proportionate Share hereunder. Notwithstanding the foregoing, the aggregate Entitlements available under this Contract and. under the Water Supply Contracts may be reduced, . following written notice given to the Agency from the District, due to (1) permanent or long-term restrictions imposed upon the District caused by (i) extreme changes in long-term meteorological patterns that reduce the Safe Yield assumptions for the Project; or (ii) multi-year drought conditions; . or (2) temporary or short-term limitations based upon (i) reduced ability of the Project either to treat or distribute water because offorce majeure; (ii) drought conditions; or (iii) water quality standards which reduce the safe, treated output ofthe Project at the time. . . LOPEZ WATER CONTRACT 13 (C) Surplus Water Rates. Project water remaining after the distribution of Project water as described in paragraphs (A) and (B) above shall comprise "Surplus Water" hereunder. Surplus Water shall be sold in accordance with the provisions of this paragraph. (1) Surplus Water shall first be offered by the District to the Agency and the Other Agencies in accordance with their Proportionate Shares, with a price for such Surplus Water to be established based on the Operation and Maintenance Cost of the District incurred in delivering the Surplus Water actually purchased by the Agency or the Other Agencies. If the Agency or any Other Agency shall commit in writing to purchase Surplus Water from the District under this subparagraph, it shall be obligated to pay for such Surplus Water, whether or not in fact ordered from the District or accepted by the Agency, so long as such Surplus Water was in fact available for the period in question. Neither the Agency nor any Other Agency shall resell Surplus Water at any time to third parties, without the prior written consent of all Other Agencies. (2) The District may offer to sell and deliver any Surplus Water not purchased by the Agency or the Other Agencies hereunder to any other prospective purchaser without right of renewal, in a manner and at prices which will return to the District the largest net revenue practicable, but in no event at prices less than those at which such Surplus Water is offered to the Agency, unless the Agency is first allowed another opportunity to purchase such Surplus Water at the lower price, and in each case, attempting to recapture the Operation and Maintenance Cost, the variable costs, if any, and Debt Service attributable to the volume of Surplus Water actually purchased by such third parties, at the highest price the market will then bear. LOPEZ WATER CONTRACT 14 (3) All revenues derived by the District from the sale of Surplus Water to the Agency, any Other Agency or any third party hereunder shall be applied as a credit to the obligations of the Agency and the Other Agencies, based on the Proportionate Shares of the Agency and each Other Agency. (D)Sumlus Water. Beginning with the 2000-01 Water Year, Surplus Water shall be the . portion of the Safe Yield for Project water remaining after distributions of water during the said previous Water Year, as described below. Surplus Water shall be calculated for each Water Year by subtracting from the Safe Yield of the Project an amount equal to the sum of the quantity of water released downstream during the immediately prior Water Year, which shall not exceed 4,200 acre feet lmless legally required by Article 4(A) hereof, and the quantity of Entitlement water delivered to the Agency and the Other Agencies during the immediately prior W ater Year, excluding downstream releases and Entitlement deliveries that occurred during the period of time that the District determined that continuous spillway flow was occurring at Lopez Dam. The District shall notify the Agency of the total amount of Surplus Water available for the current Water Year, and once so declared by the District, said amount shall not be changed by the District without first obtaining the consent of the Agency and all Other Agencies. Surplus Water purchased by the Agency will be delivered to Agency in the manner provided for the delivery of its Entitlement and to the extent that all of said surplus water purchased by Agency is not so delivered by the end of the Water Year in question, then such undelivered amount shall revert to District and shall not thereafter be available to Agency. Article 5. Water Shortages. From time to time during the term of this Contract, there may occur a shortage in the quantity of Project water available for delivery to the Agency by the LOPEZ WATER CONTRACT 15 District under this Contract, including, without limitation, for the reasons enumerated in Article 4(B). In such event, no liability shall accrue against the District or any of its officers, agents or employees for any damage, direct or indirect, arising from a shortage on account of any reason beyond the control of the District. In any Water Year during which such a shortage has caused a reduction as described in said Article 4(B), so that the total quantity of the Entitlements available for the District to distribute is less than the total established in said Article 4(B), following giving of notice by the District as provided in ArtiCle 4(B), the Proportionate Share of the Agency and each Other Agency under its Water Supply Contract shall be applied to such reduced amount in determining the volume of Project water to be delivered to the Agency and such Other Agencies in such Water Year. ArtiCle 6. Completion of Seismic Remediation Improvements. The Agency understands and acknowledges that the District intends to commence and complete the Seismic Remediation Improvements with due diligence; in order to finance the construction of the Seismic Re~ediation Improvements, the Agency understands and agrees that the District will have to cause the execution and delivery of the Tax-Exempt Obligations on terms and conditions favorable to the District, the Agency and the Other Agencies, to be established at the time of sale of the Tax-Exempt Obligations. In particular, the Agency covenants and agrees that: (A) The District shall contract for the public works comprising the Seismic Remediation Improvements on such terms as the District, in its sound business judgment, may deem in the best interests ofthe District, the Agency and the Other Agencies, but only following consideration by the Zone 3 Advisory Committee of any such contracts in excess of the minimum standards for contracts of a similar type then mandated for formal approval by the County Board (the "County Standards"); LOPEZ WATER CONTRACT 16 provided, however, that no such consideration shall be required as a precondition to any such action in response to an emergency; (B) The District may engage, but only (except in an emergency, in which case no such consideration shall be required as a precondition) following consideration by the Zone 3 Advisory Committee of any such contracts in excess of County Standards, contractors and consultants, including, without limitation, environmental specialists, engineers, financial consultants, underwriters, attorneys and accountants (collectively, the "Consultants"), as may be necessary in order to plan and construct the Seismic Remediation Improvements and to issue and sell the Tax- Exempt Obligations, on such terms and conditions as the District shall determine; provided, however. that the District and the Agency hereby covenant and agree that all such contracts already in place as of the effective date of this Contract shall be deemed noticed to and considered by the Zone 3 Advisory Committee; and provided further, that no such consideration shall be required as a precondition to any such action in response to an emergency; (C) The District may authorize and sell at either public or private sale, or cause to be executed and delivered, the Tax-Exempt Obligations at any time following the effective date hereof, to provide for the financing or reimbursement to the District of the costs of the Seismic Remediation Improvements, to establish a reserve fund for the Tax-Exempt Obligations and to pay the costs of delivery thereof; (D) The Agency will execute and provide such instruments, certificates and agreements as may be necessary in order for the District to deliver the Tax-Exempt Obligations, including, without limitation, information for inclusion in the disclosure document for the Tax-Exempt Obligations and a continuing disclosure agreement to permit compliance with Rule 15c2-12 of the LOPEZ WATER CONTRACT 17 Securities and Exchange Commission, respecting the Agency's fmancial condition and operations; and (E) The Agency will cooperate with the District and its Consultants in connection with the planning and construction of the Seismic Remediation Improvements and the authorization and delivery of the Tax-Exempt Obligations. The District covenants and agrees to use its best efforts to complete the Seismic Remediation Improvements by a date no later than June 30, 2002. Article 7. Delivery of Water. All water to be furnished to the Agency pursuant to this Contract shall be delivered to the Agency at the intersection of the Highway 101, South Frontage Road and Brisco Road in the City of Arroyo Grande. If the Agency shall desire at any time during the term of this Contract to change the address at which it receives water from the District hereunder, or to install additional points of delivery, it may do so if it furnishes all funds necessary to cover any District expenses involved, or if it undertakes the construction of the necessary conduits and appurtenances at its own expense; provided that the Agency shall not undertake any such construction until it has first obtained District approval of the plans and specifications for such work. Upon the receipt of a request for a change in or addition to the place of delivery of water thereunder, and the deposit of any required funds as set forth in this paragraph, the District shall, if it has elected to perform its own construction of ..... conduits and appurtenances, diligently proceed to construct the same. Article 8. Measurement. All water furnished pursuant to this Contract shall be measured by the District at each point of delivery established pursuant to Article 7 hereof with equipment satisfactory to the District and the Agency. Said equipment shall be installed, operated and maintained by the District. All determinations relative to the measuring of Project water shall be LOPEZ WATER CONTRACT 18 made by the District and, upon request of the Agency, the accuracy of such measurement shall be investigated by the District and certified to the Agency in writing. Any error appearing in the course of such investigation and certification shall be cause for an adjustment by the District. The Agency may inspect any such measuring equipment for the purpose of determining the accuracy thereof, at its own expense at reasonable times upon reasonable notice. The District will install, or cause to be installed, backflow prevention devices in connection with such measuring equipment to prevent Project water delivered to the Agency or to the Other Agencies from returning to the District's lines. Article 9. Time for Delivery ofProiect Water. The amounts, times and rates of deli very of Project water to the Agency during any Water Year shall be in accordance with a water delivery schedule determined in the following manner: (A) On or before October I of each Calendar Year, the Agency shall submit in writing to the District a preliminary water delivery schedule subject to the provisions of this Article and Article 4, indicating the amounts of water desired by the Agency during each month of the succeeding three (3) Water Years. (B) Upon receipt of a preliminary schedule the District shall review it and after consultation with the Agency shall make such modifications in it as are necessary to insure that the amounts, times and rates of delivery to the Agency will be consistent with the available supply of water from the Project, considering the current delivery schedules of all Other Agencies. On or before January 1 of each Calendar Year, the District shall determine and furnish to the Agency a water delivery schedule for the next succeeding Water Year, which shall show the amounts of water to be delivered to the Agency during each month of that Water Year. (C) A water delivery schedule may be amended by the District upon the Agency's written request, and subject to (i) the circumstances described in Article 4(B) hereof and (ii) the pre-existing LOPEZ WATER CONTRACT 19 requirements of the District under the water delivery schedules with the Other Agencies for the same period oftirne. Proposed amendments to such schedules shall be submitted by the Agency within a reasonable time prior to the date the desired change is to become effective, and they shall be subject to review and modification by the District in the same manner as the preliminary water schedule described in paragraph (B) above. (D) In no event shall the District be obligated to deliver Project water to the Agency at a combined instantaneous rate of flow exceeding 3.30 cubic feet per second. Article 10. Responsibility for Delivery and Distribution of Water Bevond Delivery Points. After Project water has passed the delivery points established in accordance with Article 7 above, neither the District nor its officers, agents or employees shall be liable for the control, carriage, handling, use, disposal, distribution or changes occurring in the quality of such water supplied to the Agency or for claim of damages of any nature whatsoever, including but not limited to property damage, personal injury or death, arising out of or connected with the control, carriage, handling, use, disposal, distribution or changes occurring in the quality of such water beyond said delivery points, and the Agency shall defend, indemnifY and hold harmless the District and its officers, agents and employees from and against any such damages or claims of damage. Article 11. Operation and Maintenance ofProiect and Water Enterprise. The parties hereto acknowledge and agree that the primary goal of the District shall be to maximize deliveries of Project water, subject to Safe Yield and cost considerations, as to which the District shall be expected to exercise sound business judgment. (A) The District covenants and agrees that it will operate and maintain the Project, as improved by the Seismic Remediation Improvements, in accordance with all govemmentallaws, ordinances, approvals, rules, regulations and requirements, including, without limitation, such LOPEZ WATER CONTRACT 20 zoning, sanitary, pollution, environmental and safety ordinances and laws and such rules and regulations thereunder as may be binding upon the District. The District further covenants and agrees that it will maintain and operate the Project and all pumps, machinery, conduits, apparatus, fixtures, fittings and equipment of any kind in or that shall be placed in any building or structure or made a part of any conduit or easement now or hereafter at any time constituting part of the Project in good repair, working order and condition, and that it will from time to time inspect and test all Project facilities against then-current water supply industry standards, and to pursue or recommend all necessary and proper replacements, repairs, renewals' and improvements thereto. (B) In order to satisfy its covenants set forth in this Article, the District shall determine, prior to each Water Year, the amount of Capital Reserves necessary for the Project for the upcoming Water Year, shall prepare its draft annual budget by no later than March 1 to reflect such Capital Reserves, shall provide copies of each such budget to the Zone 3 Advisory Committee, the Agency and the Other Agencies for review and comment, prior to its distribution to and consideration by the Board of Supervisors of the County, and shall, if deemed necessary or advisable, develop and promulgate to the Agency and the Other Agencies a multi-year improvement plan for the Project, reflecting the annual requirements for Capital Reserves. (C) At any time, or from time to time, without the consent o(the Agency or any Other Agency, the District shall be entitled to undertake the construction or equipping of any Additional Project or other improvements to or repairs of the Project not comprising a Type III Additional Project, but only if (i) it shall determine that such Additional Project, improvements or repairs are necessary in order to keep the Project functioning at the levels and to maintain the water supply at the quality required hereunder and under the other Water Supply Contracts; or (ii) competent Goverrunental Authority shall direct such Additional Projects, improvements or repairs; provided LOPEZ WATER CONTRACT 21 that. before an Additional Project other than a Type III Additional Project, improvements or repairs may be ordered pursuant to direction of competent Governmental Authority, the District, the Agency and the Other Agencies shall be afforded notice thereof and the opportunity to oppose the imposition of such requirement before a court of competent jurisdiction; only if a fmal judgment is thereafter rendered; in favor of such Additional Project, improvements or repairs, or if no. such opposition is filed, shall an Additional Project other than a Type nr Additional Project, improvements or repairs be constructed or made pursuant to this clause (ii). Emergency repairs to the Project may, notwithstanding the above, be made by the District without the requirement of notice and opportunity to oppose described herein. It is the intention of the parties hereto that the District shall, as and when necessary, be deemed to assign its rights to pursue opposition to the creation of any obligations hereunder by a Governmental Authority to the Agency and/or the Other Agencies, as their interests may appear, in recognition of the status of the Agency and the Other Agencies as third party beneficiaries hereof and real parties in interest. No preexisting right of the Agency or the Other Agencies to pursue actions administratively, by law or in equity associated with the construction, maintenance and operation of the Project shall be abrogated by the Agency or such Otlier Agencies by its or their. execution ofthis Contract or the other Water Supply Contracts. (D) For its part, the Agency covenants and agrees: (1) not to sell, lease or otherwise dispose of its Water Enterprise or any part thereof essential to the proper operation thereof or to the earning or collection of the gross revenues ofthe Water Enterprise, nor to enter into any agreement or lease which would impair the operation of the Water Enterprise or any part thereof necessary in order to secure adequate revenues for the payment of amounts due under this Contract; provided, however, that ariy real or personal property which has become nonfunctional or obsolete or which is not needed for the efficient operation of the Water LOPEZ WATER CONTRACT 22 Enterprise may be sold or disposed of if such disposition will not have the effect of reducing revenues of the Water Enterprise below the levels required under this Contract; (2) to maintain and preserve the Water Enterprise in good repair and working order at all times, operate the same in an efficient and economical manner and pay all operation and maintenance costs of the Water Enterprise as they become due; (3) not later than the first day of each Fiscal Year, to adopt and make available to the District a budget approved by its governing board setting forth the amOlmts budgeted to be paid under this Contract; (4) to comply with, keep, observe and perform all agreements, conditions, covenants and terms, express or implied, required to be performed by it contained in all contracts for the use of the Water Enterprise and all other contracts affecting or involving the Water Enterprise to the extent that the Agency is a party thereto; (5) not to create or allow any lien on or payment from the revenues of the Water Enterprise or any part thereof prior to or superior to its obligation to pay amounts payable under this Contract; (6) to procure and maintain such insurance relating to the Water Enterprise which it shall deem advisable or necessary to protect its interests, which insurance shall afford protection in such amounts and against such risks as are usually covered in connecti<;>n with similar water enterprises in the State of California; provided, that the Agency shall not be required to procure or maintain any such insurance unless such insurance is commercially available at reasonable cost; and provided further, that any such insurance may be maintained under a self-insurance program, so long as such self-insurance program is maintained in accordance with standards and in such amounts as are then usually maintained for similar water enterprises in the State of California; LOPEZ WATER CONTRACT 23 (7) to pay and discharge all taxes, assessments and others governmental charges which may hereafter be lawfully imposed upon the Water Enterprise or any part thereof when the same shall become due; duly observe and conform with all valid regulations and requirements of any governmental authority relative to the operation of the Water Enterprise, that are not being contested' in good faith; and (8) if all or any material part of the Water Enterprise shall be taken by eminent . domain proceedings, or if the Agency receives any insurance proceeds resulting from a casualty loss to any material portion of the Water Enterprise, the proceeds thereof shall be used to construct or install replacements for the condemned or destroyed components of the Water Enterprise or to prepay the Agency's share of Debt Service under this Contract. Article 12. Water Oualitv. All water delivered to the Agency under this Contract shall meet all State of California and San Luis Obispo County minimwri water quality standards for water for domestic use. Article 13. Curtailment ofDeliverv ofProiect Water for Maintenance Purposes. The District may temporarily discontinue or reduce the amount of water to be furnished to the Agency for purposes of maintaining, repairing, replacing and investigating or inspecting, any of the facilities necessary for the furnishing of Project water to the Agency hereunder. Insofar as it is feasible, the District will give the Agency advance notice of any such temporary discontinuance or reduction, except in the case of emergency, in which case no advance notice need be given. In the event of such discontinuance or reduction, the District will apply its best efforts to minimize the duration and severity of service interruption hereunder and shall, as nearly as possible, make availabie to the Agency Project water sufficient to make up for any shortfall in deliveries of water to the Agency during the period of curtailment. LOPEZ WATER CONTRACT 24 Article 14. Rate and Method ofPavment. Commencing with the first Water Year during which Project water is made available to the Agency hereunder, the Agency shall pay to the District in advance and on a semiannual basis, its Contract Payments, calculated and paid in accordance with the further provisions of this Article, for the Project water made available under this Contract for such Water Year, plus a variable charge, to be determined as set forth in paragraph (D) of this Article, to be calculated on a quarterly basis and paid in arrears. (A) Allocation of Total Project Costs and Debt Service. On or before April 1 of each Calendar Year, the District shall calculate, or cause to be calculated, Total Project Costs for the Fiscal Year commencing on the immediately following July 1. The District shall deduct from the calculated Total Project Costs for such Fiscal Year: (1) the general ad valorem property taxes to be received by the District during the Fiscal Year in question; provided that any ad valorem taxes levied and paid to provide debt service on the District's General Obligation Bonds outstanding at any time shall be restricted to use for the payment of debt service on such General Obligation Bonds and shall not be included in the deducted amount represented by the foregoing clause; and (2) a sum equal to Recreational Use Revenues received by the District during the Fiscal Year about to be concluded. The result shall comprise the Total Contract Payments due, collectively; from the Agency hereunder and from the Other Agencies under their respective Water Supply Contracts. In determining the Debt Service portion of Total Project Costs during any Fiscal Year to be supported by the Agency, the District shall make the following calculations: [(G.O. Debt Service) + (Installment Debt Service)] - (District Revenues) = Allocable Debt Service ("ADS") [(Proportionate Share) x ADS] = Annual Agency Obligations ("AAO") AAO - (G.O. Tax Collections) = Agency Debt Service LOPEZ WATER CONTRACT 25 For purposes of the above calculations, the term "G.D. Debt Service" above refers to the debt service on the District's General Obligation Bonds; the term ."lnstallment Debt Service" refers to the installment payments due with respect to the Tax-Exempt Obligations;. the term "Proportionate Share" refers to the Agency's Proportionate Share hereunder; the term "District Revenues" refers to the amounts available to the District under the second sentence ofthis paragraph (A) of Article 14; and the term "G. O. Tax Collections" refers to amounts collected to support the General Obligation Bonds within the boundaries of the Agency during the Fiscal Year in question, based upon then-current levies; provided, however, that in the case of County Service Area No. 12, such boundaries shall be deemed to include that area comprising Avila Beach Community Services District, as well as the area comprising such County Service Area No. 12. In no event shall Agency Debt Service, as calculated above, be a figure less than zero. The foregoing calculations shall be performed by the District each Fiscal Year and shall be made available to the Agency with respect to each Other Agency, as well. No more frequently than annually, the District shall retain a certified public accountant, or firm thereof, with the approval of the Zone 3 Advisory Board, which shall be responsible for reviewing and confirming the Agency Debt Service figures resulting from the foregoing calculations, and reporting the same to the Agency, the District and each Other Agency. (B) Agency Contract Payments. Unless the Agency shall, in accordance with paragraph (C) below, be entitled to an offsetting credit, the Agency shall be obligated to pay to the District: LOPEZ WATER CONTRACT 26 (1) on or before July I and the immediately following January I of each Fiscal Year, a sum equal to one-half of its Percentage Share of charges for Operation and Maintenance and Capital Reserves for such Fiscal Year; (2) on or before July I of each Fiscal Year, a Stun equal to Agency Debt Service, as calculated under paragraph (A) above; and (3) on or before the fifteenth day following the end of each Calendar Quarter during a Fiscal Year, the variable charge calculated in accordance with paragraph (D) below for the Calendar Quarter ending on the last day of the Calendar Quarter most recently concluded. (C) Agency Credits against Contract Payments. The following shall constitute credits against the obligations of the Agency to pay Contract Payments to the District: (1) (a) If, prior to the date upon which the District causes the Tax- Exempt Obligations to be sold, the Agency shall contribute, in cash, a sum as and for its Proportionate Share of the total amount of costs and expenses projected by the District as the basis for the Seismic Remediation Project, or any portion of its Proportionate Share, so that the aggregate principal component of the Tax-Exempt Obligations is reduced by such sum, the Agency's Proportionate Share of Debt Service, and therefore, of Total Project Costs, shall be reduced accordingly; and (b) If the Agency shall, following the date of delivery of the Tax- Exempt Obligations, successfully implement a financing plan within its jurisdiction to fund all or a portion of Debt Service during the term of the Tax-Exempt Obligations through the levy of ad valorem property taxes, special assessments or special taxes, then the Agency shall be entitled to a credit from amounts paid under such levy as though such amounts were paid directly by the Agency LOPEZ WATER CONTRACT 27 hereunder, subject to the prior approval of each rating agency then rating the Tax-Exempt Obligations and any bond insurer then providing insurance therefor; provided, however, that the District shall be made a third-party beneficiary of any pledge of such alternate source of revenues, with the power to enforce collection thereof, in the event the Agency should fail to do so; and (c) The Agency shall be entitled to a credit equal to a Percentage Share of the net revenues the District shall have received from the. sale of Surplus Water and from I i II I I I 'I II I II II !I the delivery of any water wheeled for Wheeling Customers, as defined in and pursuant to the provisions of Section 31, during the Fiscal Year in question; in determining the amount of such wheeling credits against the obligations of the Agency hereunder, the District shall apportion its net revenues from the foregoing sources, taking into account the particular Unit or Units through which delivery of Surplus Water or wheeled water was made, and shall compare the Agency's Percentage Share for such Unit or Units with the aggregate Percentage Share for all Other Agencies and the I ~ ; 'I ,i Agency for such Unit or Units. (2) On or before December I of each year, the District shall deliver to the Agency a statement as to the actual Operation and Maintenance Costs and Capital Reserve charges incurred or imposed during the Fiscal Year most recently concluded, and shall set forth in such I I :; I , i , , , " ,i II ,[ statement its determination as to whether the amounts theretofore paid by the Agency as its Percentage Share of estimated charges for Operation and Maintenan.ce Costs and for Capital Reserves were in excess of or less than its Percentage Share of such costs and charges for the Fiscal Year most recently concluded. If the Agency shall have paid less than its Percentage Share of actual Operation and Maintenance Costs and charges for Capital Reserves for such Fiscal Year, the i I I I , Agency shall remit the difference to the District within (180) days of the date upon which it receives such a statement; if the Agency shall have paid more than its Percentage Share of such costs and LOPEZ WATER CONTRACT 28 charges for such Fiscal Year, the District shall rebate the difference to the Agency promptly following its delivery of the closing statement, and, in any event, within thirty (30) days thereafter. (D) Quarterly Variable Charges. The sum of quarterly variable charges to the Agency and the Other Agencies shall be an amount which is estimated to be sufficient to compensate the District for actual Proj ect pumping energy charges incurred during the respective Calendar Quarter. The variable charge shall be determined for each Calendar Quarter during which Project water is made available to the Agency under this Contract by (1) dividing the District's actual cost of pumping energy during that Calendar Quarter by the total acre-feet of Project water delivered by the District during such Calendar Quarter to the Agency and all Other Agencies pursuant to this Contract and the other Water Supply Contracts, and (2) multiplying this acre-foot charge by the number of acre-feet of Project water delivered by the District to the Agency during such Calendar Quarter. The District shall notify the Agency in writing of such variable charge by a date no later than the fifteenth day following the end of each Calendar Quarter, for the variable charges attributable to the Calendar Quarter most recently concluded. (E) Use by District of Total Contract Payments. During the term of this Contract and ofthe other Water Supply Contracts, the District shall proceed with due diligence to collect Total Contract Payments as and when due, and shall apply amounts collected in the following order of priority: (1) to the payment of Operation and Maintenance Costs; (2) to the payment of Debt Service with respect to the Tax-Exempt Obligations; and (3) to the replenishment or funding of Capital Reserves for the Project, in accordance with the provisions set forth in Article 10 hereof. LOPEZ WATER CONTRACT 29 Article 15. Take-or-Pav Obligation of Agencv. Commencing on the first date upon which Project water is provided under this Contract, the Agency shall pay all amounts due hereunder, including, without limitation, under Article 14 hereof, without reduction or offset of any kind, whether or not the Project or any part thereof is then operating or operable or its service is suspended, interfered with, reduced or curtailed or terminated in whole or in part, due to any of the reasons outlined in Articles 4(B), 5 and 13 or otherwise, and such Agency payments shall not be conditional upon the performance or nonperformance by any party for any cause whatsoever, including the Other Agencies; orovided, however, that savings from nonoperation of the Project shall be apportioned among the Agency and the Other Agencies in accordance with their Percentage Shares. The Agency's failure or refusal to accept delivery of Project water to which it is entitled under this Contract shall in no way relieve the Agency of its obligation to make payments to the District as provided for herein. Article 16. Pledge; Establishment and Collection of Rates and Charges. The Agency, unless it shall have paid cash as its share ofthe Total Project Costs, as provided in Article 14(C)(1) hereof, hereby pledges gross water sale revenues of its Water Enterprise to its obligations under this Contract, and covenants and agrees to establish, fix and collect Rates and Charges from the customers of its Water Enterprise at levels sufficient to produce revenues from the Water Enterprise at least equal to (A) the costs of operating and maintaining the Water Enterprise, plus (B) the Agency's Contract Payments, calculated in accordance with Article 14(B) hereof, including (C) the Agency's Proportionate Share of Debt Service, plus (D) the Coverage Factor for the Debt Service portion of the Agency's Contract Payments; provided, however, that the provisions of Article 21 (C) hereof may impose upon the Agency a surcharge following the occurrence of any payment default LOPEZ WATER CONTRACT 30 by the Agency. The Agency acknowledges and agrees that its obligations hereunder shall comprise, for accounting purposes, an operation and maintenance expense of its Water Enterprise. Article 17. Default. (A) The following shall constitute events of default hereunder: (1) The Agency shall fail to make timely payment in full of all amounts due from the Agency under the terms of this Contract; or (2) The Agency shall fail to establish or collect, or cause to be collected, all fees, charges and other sums necessary to enable it to make the payments required hereunder, as provided in Article 16 hereof, and, following thirty (30) days' written notice from the District to the Agency, shall fail to remedy such failure to the satisfaction of the District; or (3) , The Agency shall fail to perform any other obligation or covenant hereunder and shall fail to remedy such failure to the satisfaction of the District within thirty (30) days following the Agency's receipt of written notice from the District, or for such additional time as is reasonably required, in the sole discretion of the District, to correct the same; or (4) The Agency shall file any petition or institute any proceedings under any act or acts, State or federal, dealing with or relating to the subject of bankruptcy or insolvency or under any amendment to such act or acts, either as a bankrupt or as an insolvent or as a debtor or in any similar capacity, wherein or whereby the Agency seeks or prays to be adjudicated a bankrupt or is to be discharged from any or all of its debts or obligations, or offers a reorganization of its obligations for the benefit of creditors, or asks for similar relief. (B) Upon the occurrence of an event of default hereunder, the District shall be entitled to proceed to protect and enforce the rights vested in ,the District by this Agreement by appropriate judicial proceedings as the District may deem most effective, either in equity or law. LOPEZ WATER CONTRACT 31 Without limiting the generality ofthe foregoing, the District shall be entitled to pursue any of the following remedies: (1) The District may suspend the delivery of water hereunder during the period when the Agency is delinquent in its payment for or other obligations to the District hereunder, but only following notice to the Agency and the imposition of such remedy following a formal hearing conducted by the County Board; (2) The District may compel the Agency, or its governing board, by action or suit in equity to account to the District as the trustee of an express trust; (3) The District may pursue by action or suit in equity to enjoin any acts or things which may be unlawful or in violation ofthe rights of the District hereunder; and (4) The District may proceed in mandamus or other suit, action or proceeding at law or in equity to enforce its rights against the Agency (and its board, officers, agents and employees) and to compel the Agency to perform and carry out its duties and obligations under the law and its covenants and obligations as set forth herein. The use by either party to this Contract of any remedy specified herein for the enforcement ofthis Contract is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provide hereunder or by law or equity. (C) Upon each charge to be paid by the Agency to the District pursuant to this contract which remains unpaid after the same shall have become due and payable, interest shall accrue at an annual rate equal to that earned by the County Treasurer's investment fund as provided in Government Code Section 16480 et seq. calculated monthly on the amount of such delinquent payment from and after the due date when the same becomes due until paid, and the Agency hereby agrees to pay such interest; provided, that no interest shall be charged to or be paid by the Agency LOPEZ WATER CONTRACT 32 unless such delinquency continues for more than thirty (30) days. The Agency hereby agrees to pay such interest to the District, whether or not the District shall pursue any of the remedies specified in this Article. . In no event shall default interest be compounded. Article 18. Failure to Levv. Set or Collect Taxes. Rates and Charges; Establishment of Coverage Account. If the Agency for any reason shall fail or refuse to establish or levy taxes or Rates and Charges sufficient to satisfy the requirements of Article 16 hereof, or if the Agency shall be precluded from establishing rates and charges at the levels required in said Article 16, then the Agency shall promptly notify the District of such fact, in writing, and shall establish either (a) with the District; or (b) with a Depository designated by the Agency to the District in writing; a Coverage Account, into which the Agency shall deposit, from the fust lawfully available funds therefor, an amount equal to one year's Coverage Factor for the Debt Service portion of the Agency's Contract Payments hereunder. The Coverage Account shall be invested in accordance with applicable provisions of the Government Code, subject to any limitations established pursuant to Section 148 ofthe Internal Revenue Code of 1986, as amended, applicable to surplus moneys ofthe Agency and shall be and remain available to the Agency and to the District as a source offunds to remedy any shortfall in the payment of Agency Contract Payments hereunder. The Coverage Account shall be pledged to the District for the purposes described herein, and the Agency covenants and agrees to execute such instruments as may be necessary in order to effect a pledge of amounts on deposit in the Coverage Account, acknowledging and agreeing as well to follow the advice of special tax counsel to the District in connection with the pledge and investment of the Coverage Account, as may be necessary or advisable in order to maintain the tax status of the Tax-Exempt Obligations. If at any time following the establishment of the Coverage Account hereunder, the Agency shall again be able to and shall collect rates and charges as required under Article 16 hereof, LOPEZ WATER CONTRACT 33 the Coverage Account may be released to the credit and name of the Agency for any lawful purpose thereof, upon delivery to the District of evidence satisfactory to the District that (i) the Agency has successfully levied rates and charges for its Water Enterprise at the appropriate levels for at least one full Fiscal or Water Year since the Coverage Account was fIrst created, and (ii) the Agency is then current on all payments due under this Contract; whereupon, the District shall either release the Coverage Account to the Agency or shall direct the Depository to do so, free from the lien described herein. Article 19. Area Served bv Agencv. Water delivered to the Agency pursuant to this Contract shall not be sold or otherwise disposed of by the Agency for use outside the boundaries of Zone 3 as they may now or hereafter exist, without the prior written consent of the District. Article 20. Changes in Organization of Agencv. The Agency will furnish the District with maps showing the territorial limits of the Agency and the service area or areas of its water distribution system. Throughout the term of this Contract, the Agency will promptly notify the District of any changes, either by including or exclusion, in said territorial limits and service area or areas. The Agency shall take no action to exclude any lands from the Agency or its service area or areas without the prior written consent ofthe District. Article 21. Agencv's.Obligations Several and Not Joint: Limited Step-up Provisions and Reimbursement. (A) Except as provided in paragraph (B) of this Article, the Agency and the Other Agencies shall be solely responsible and liable for performance under this Contract or under the other Water Supply Contracts, as applicable. Their obligations to the District to make payments under this Contract and the other Water Supply Contracts are expressly recogniied by the District as several, and not joint, and no default on the part of one of the Other Agencies shall, in and of itself, create an event of default hereunder. The Coverage Account of the Agency, if any is LOPEZ WATER CONTRACT 34 established hereunder, shall not be available for any shortfall in payments under any ofthe other Water Supply Contracts, unless otherwise directed or approved in writing by the Agency. (B) In the event that the Agency or any Other Agency (each, a "Delinquent Agency") shall fail to pay its Contract Payments hereunder or under the Other Agency's Water Supply Contract, as appropriate, for any reason, then the Contract Payments for each non- delinquent agency (each, a "Non-Delinquent Agency") then participating in the Project shall be increased for the particular Water Year by an amount equal to the sum of Contract Payments not paid in full by Delinquent Agencies (collectively, the "Shortfall"); provided, however, that Non- Delinquent Agencies shall contribute to the Shortfall in a proportion determined by dividing the Debt Service portion of the Contract Payments attributable to each particular Non-Defaulting Agency by the aggregate Debt Service portions of the Contract Payments attributable to all Non-Defaulting Agencies; and provided further, that the Agency in no event shall be required under this paragraph to contribute to the Shortfall by an amount in any Water Year exceeding the amount which is 20% of the portion of the Agency's Contract Payments representing Debt Service for that W ater Year. (C) If payments are made by Non-Delinquent Agencies under the foregoing paragraph (B) during any Water Year, the District shall, beginning on the first date upon which payments are due from a Delinquent Agency and not paid in accordance with its Water Supply Contract (each, a "Due Date"), declare a default as to such Delinquent Agency under its Water Supply Contract and shall be entitled to curtail all deliveries of Project water under such Water Supply Contract to such Delinquent Agency; notwithstanding the foregoing, such Delinquent Agency shall nonetheless continue to be obligated under its Water Supply Contract for amounts paid on its behalfby the Non-Delinquent Agencies, until it has reimbursed each Non-Delinquent Agency LOPEZ WATER CONTRACT 35 in full. Amounts advanced by the Non-Delinquent Agencies hereunder are immediately due and payable by the responsible Delinquent Agency, and, if not so paid, and notwithstanding the provisions of Article 17(C), incur interest on the unpaid portion until paid in full at a rate per annum equal to the average rate for the County Treasury Pool, plus two percent (2.0%) per annum, for the month for which the County Treasury Pool rate was most recently calculated, based on a 360-day year of twelve 30-day months; provided, however, that payments to be made as reimbursements under this paragraph (C) are deemed and understood to be subordinate to the obligations of the Delinquent Agencies to pay their Proportionate Shares of Debt Service. (D) Shortfalls in Total Contract Payments shall be remedied under this Article prior to the District's making any withdrawal from the debt service reserve fund established, or under the reserve surety bond posted, for the Tax -Exempt Obligations, if any, drawings on or under which shall be delayed until and unless insufficient moneys are available from Non-Defaulting Agencies hereunder. (E) The District covenants and agrees to enforce the provisions of this Water Supply Contract with due diligence, including, without limitation, the provisions of this Section for the benefit of the owners, from time to time, ofthe Tax-Exempt Obligations. Article 2; provide for different dates, quantities of water to be delivered, water delivery points, Proportionate Shares and Percentage Shares and payment amounts. Article 23. Amendments. This Contract shall be subject to amendment at any time by mutual agreement ofthe parties hereto, except insofar as any proposed amendments are in any way contrary to applicable law, or would have a material adverse effect upon the owners of any of the Tax-Exempt Obligations. As a condition to any amendment to this Contract or to the other Water Supply Contracts, the District shall first have received written confirmation from the rating LOPEZ WATER CONTRACT 36 agency or agencies then providing a rating for the Tax-Exempt Obligations, to the effect that the proposed amendments will not adversely affect the rating of the Tax-Exempt Obligations and, in the event that the Tax-Exempt Obligations, or any portion thereof, shall be covered by municipal bond insurance, the District shall have received prior written consent to such proposed amendments from the provider of such bond insurance. Amendments may be effected upon the following conditions: (A) Amendments to this Contract or the other Water Supply Contracts which have the effect of replacing the Agency's or any Other Agency's Proportionate Share of Project water or Percentage Share of Total Contract Payments with water purchases by or revenues contributed from either (i) the Agency or some Other Agency or (ii) a new customer, shall be subject to the approval only of those entities whose Proportionate Shares or Percentage Shares willbe affected, and the District. (B) Upon the written request of the Agency or any Other Agency, the District may order the construction or equipping of any Type III Additional Project; provided, however, that the requesting Agency or Other Agency shall first demonstrate to the satisfaction ofthe District that either (i) the proposed Type III Additional Project will be economically feasible with the financial support of only the requesting Agency and/or Other Agencies who voluntarily participate (whose Percentage Shares will thereafter be appropriately adjusted); or (ii) the Agency and all ofthe Other Agencies will consent to the funding of the Type III Additional Project and will agree to increase Total Project Costs sufficiently to provide for the costs thereof. The financing of a Type III Additional Project may be accomplished through the levy of additional Capital Reserves, the issuance of additional bonds or other evidences of indebtedness or otherwise. The undertaking of Type I or Type II Additional Projects shall not require the consent of the Agency or any Other Agency nor the amendment of this Contract. LOPEZ WATER CONTRACT 37 (C) Amendments to this Contract and to the other Water Supply Contracts other than those specified above shall be approved only upon the prior written and unanimous consent of the District, the Agency and all Other Agencies. Article 24. Opinions and Determinations; Good Faith; Information to Be Provided to Zone 3 Advisory Committee. (A) Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review or determination of either party hereto, such terms are not intended to and shall never be construed to permit such opinion, judgment, approval, review of determination to be arbitrary, capricious or unreasonable. The District and the Agency shall each act in good faith in performing their respective obligations as set forth in this Contract. (B) The Zone 3 Advisory Committee, created by appointment of designated representatives made by the Agency, each Other Agency and the District, is hereby continued for the purpose of advising the District regarding administrative and operational concerns affecting the Project. The District covenants and agrees to present to the Zone 3 Advisory Committee, at its regularly scheduled or specially called meetings, the following items for advice and comment, in each case, prior to [mal presentation of the same item to the Board of Supervisors of the COlmty: (i) the annual budgets for the District; (ii) the approval of each non-emergency Capital Project which has not theretofore been included in an annual budget of the District; itbeing understood and agreed that emergency repairs and improvements shall be exempt from any requirement for preview established hereby; (iii) the mid-year review of actual fiscal performance of the Project, provided for the then-current Fiscal Year, and in any event, prior to March 31 of each calendar LOPEZ WATER CONTRACT 38 year, which may, to the extent practicable, be combined with the reyiew of the District's annual budget for the next Fiscal Year; and (iv) amendments to the methodology or formula established in County Board Resolution No. 2000-133, adopted April 4, 2000, with respect to the making of Recreational Budget Transfers. Article 25. Waiver of Rights. Any waiver at any time by either party hereto of its rights with respect to a breach or default, or any other matter arising in connection with this Contract, shall not be deemed to be a waiver with respect to any other breach, default or matter hereunder, nor as to a breach or default occurring or having occurred under any other Water Supply Contract. Article 26. Notices. All notices that are required either expressly or by implication to be given by either party to the other under this Contract shall, if given in writing, be executed on behalf of the District or for the Agency by such authorized officers as they may each, from time to time, authorize in writing for such purposes. All notices shall be deemed to have been given and delivered if delivered personally or if deposited, postage prepaid, with the United States Postal Service for delivery. Unless and until formally notified otherwise, all notices shall be addressed to the parties at their addresses shown on the signature page of this Contract; provided, however, that either party may give written notice to the other of a change in such notice address. Article 27. Assignment: Pledge. The provisions of this Contract shall apply to and bind the successors and assigns of the respective parties, including any assignee hereof designated in connection with the execution and delivery ofthe Tax-Exempt Obligations, but no assignment or transfer of this Contract by the Agency, or any part hereof or interest herein, shall be valid until and unless approved by the District; provided. however, that no further assignment by the District shall be valid until and unless approved by the Agency and all of the Other Agencies; and provided LOPEZ WATER CONTRACT 39 further, that, se leng as any Tax-Exempt Obligatiens are .outstanding, nc such assignment shall be effective until such time as the District has received assurances frem each rating agency then rating the Tax-Exempt Obligatiens, te the effect that such transfer shall nct adversely affect the rating .on the Tax-Exempt Obligaticns, and, se leng as any Tax-Exempt Obligatiens are then being insured by a municipal bend insurance cempany, until such time as the District has received the written censent frem such bend insurer as te such assignment. The Agency understands and acknewledges that the District intends te pledge ameunts received and te be received hereunder and under the ether Water Supply Centracts te a financial institutien and/cr ncnprcfit corpcratien as further suppert fer its ebligatiens under the Tax-Exempt Obligatiens. Article 28. InsPectian .of Beeks and Recerds. The autherized .officers .of the Agency shall have full and free access at all reasenable times ta the acceunt beeks and .official recerds efthe District insafar as the same pertain te the matters and services pravided fer in this Centract, with the right at any time during regular .office heurs .of the District ta make cepies thereef at the Agency's expense, and the autherized .officers .of the District shall have similar rights in respect ta the accaunt baeks and recards .of the Agency far its Water Enterprise. Article 29. Severability. Any pravisian .of this Cantract that is prahibited, unenfarceable .or nat autherized in any jurisdictian shall, as ta suchjurisdictian, be ineffective ta the extent .of such prohibitian, unenferceability .or nanautharizatian witheut invalidating the remaining previsiens hereef .of affecting the validity, enfarceability eflegality .of such previsian in any ather jurisdictien. Article 30. Water Rights. Na pravisian .of this Cantract shall be cansidered ta bein derogatien .of any existing waiver efright(s) .or claim(s) te Water Right(s) by .or any agreements cencerning Water Rights .of either party hereaf, including but nat limited ta .overlying, prescriptive, LaPEZ WATER caNTRACT 40 appropriative, riparian, or pueblo rights, nor shall it be construed to result in any relinquishment or adjustment of any such Water Rights or claims thereof; and, in particular, no provision of this Contract shall be considered to diminish, reduce or affect, in any way, either party's rights pursuant to California Water Code Section 1005.1 and/or Section 1005.2 Article 31. Wheeling of Water. As used in this Article, the term "Existing Contractor" shall refer to this Agency and any Other Agencies presently having a contract with the District for the delivery of Project water; any person other than an Existing Contractor which shall arrange for the delivery of water other than Project water from the District under the terms hereof shall be described as a "Wheeling Customer." The Agency, as an Existing Contractor, shall be entitled to have additional water wheeled to it by the District through the various Units of the Project, at the actual cost of such wheeling, determined in accordance with the terms and conditions of the existing contracts by and between the District and the Agency or Other Agencies for the delivery of State Project Water to the Agency or Other Agencies through the Project. If at any time during the term of this Contract, the District delivers water, other than Project water, through any Unit of the Project to any Wheeling Customer, said Wheeling Customer shall be required to pay for such delivery service in a manner and at prices which will return to the District the largest net revenue practicable, but in no event shall such deliveries be effected at charges less than those applicable to the delivery of Project water to the Agency through the same Unit or Units. In determining the appropriate charges for water delivered to a Wheeling Customer hereunder, the District shall take into account the particular Unit or Units through which delivery of such water is made, shall compare the Operation and Maintenance Costs and Debt Service costs apportionable to such Unit or Units with Total Project Costs, and shall further compare the amount LOPEZ WATER CONTRACT 41 of water delivered to Wheeling Customers through such Unit or Units with the amount of Project water delivered to Existing Contractors through such Unit or Units for the same period of time. In calculating credits to the Existing Contractors from the delivery of water to Wheeling Customers under this Contract and the other Water Supply Contracts, the District shall apportion such credits according to the Unit or Units through which such water was in fact delivered, as described in the preceding paragraph. The provisions of this Article shall be subject to any contracts which the District may execute with the United States of America for any grants from the Department of Housing and Urban Development. Article 32. Execution in Counterparts. This Contract may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same document. Article 33. Governing Law. This Contract shall be interpreted, governed and enforced in accordance with the laws of the State of California applicable" to contracts made and performed in such State. LOPEZ WATER CONTRACT 42 IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date first above written. APPROVED AS TO FORM: COUNTY COUNSEL By Senior Deputy County Counsel ATTEST: COUNTY CLERK By Deputy ATTEST: By Director of Administrative Services/ Deputy City Clerk APPROVED AS TO FORM: CITY ATTORNEY LOPEZ WATER CONTRACT SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By Chair, Board of Supervisors Address for Notices: County Government Center San Luis Obispo, California 93408 Engineering Department Attn: County Engineer THE CITY OF ARROYO GRANDE By Mayor Address for notices: P.O. Box 550 Arroyo Grande, California 93421 Attn: City Manager 43 Timothy J. Carmel, Esq. LOPEZ WATER CONTRACT 44 \ \ E"){1{l13rI A. THE l'ROJEct Alluvium Strengthening f Lo eZ Datn will be removed temporarilY to allow A portiO' 0' 1h< dO"""""" ,""'.0 P ,.._" -, "" 0' ,,'u_ '" b'''_''oI ~t,,' f th foundation vnth stone cO'IW-~'s. '" . ld """ '0' __, 0' ftO "'",,,_ "',,''''' -."'" "', ""."'000 woo ",oold .,-l ""ut 150 "" ~ '" , "'" '" 370"" on ",,,,,,,,. -rh' ",,,,, ,0\""" be to appro1timatelY elevat10n 340 feet'lm the ced~ er t,.....atedto be 400 000 to 500,000 cubic yards . 1 b' ",po","y ",,<0 "~_.' . , 0' ~ """"" '0 '.; bi b w.ll """"",01 ",d ",,'" """,,,"y. porinll """,'000 0 ("f). """ ",,\ud~ "', _. '''''' o""''''''''.m -' '0 b' ,-"" ~ ",UOb ~ ""o11u"'''''' "'" """",_ 0''''' ''''''. OO'~o~cl 00'''''' bci\din<o po"'" 0' "', "",,-' 30 ,,,.. \u "', ",,,,,,uo. __ \u ",,,,CO" h . "" """" """k wil' .ool '" '" ,","",01 p'p"''' ",d 1h< "tflO'" olu"""" ",on"'" ::: ~yo '" ",m oool '0 b' ,,,.,..,d'" '" ,bOt "" dO"""""" un" '" tho ",,,,,"0" 0" """ "', ~ ","",1\0'" _'d out'" "" -" dtb<' outlot "'0,,", "" _"" oP"""",o1 d_:'~" ..;, p:,."" tin' (,"OU' ,,000 ,,,, do-"""') 'luOugb '" """"", pip' thO' d."b~""".' 0 ,,,,,,,.,,, "" ",,,,,,, ,d", o{\""b""'OOol " " , '00'"'' d""\opoI by ,ho _-:,.00 '::'~, ",O'", ,pp",,,,,,.W" 300 ,,,.. """ ,'0"" "" trout farm ponds, the outlet contr?l bU1 mg~ d t 'th r one or twO neW charmels 50 to 200 feet "'~, ",,,, wbll' "" ~" ~" b' ",0" . '" 0 '" · downstreatn from the e1tisting d1scharge locatlOn. . e 0 erated vibrating probe. the vibration acts Stone columns will be installed uS1ngda cnran t- p colu""'''s "rovide additional strength. th the ground an t e s one"~' r .' 1 '" d,.,;fy "'" """" on . '"" ,,,,, M '" di""cl~, .m b' ,_01 "" -go ~ N<P""""''"'y 2<JOO 00'-' oWo,"", . ' 1 1\ ".. 00 "",on. "" "" 0' on'''''"OO mll putt'" with 1h< 00'- 'l',,0I " ....",-' ,: ';0 "ot) "'" b"bOU' 200 ,,,, '" widlh eJ<.tend from abutment to abutment (appro1t~m.a e bY fthe do,,"'streatn shell. Gravel material d' t ~ under the e1t1stmg ertn 0 'IV" (upstrearn1downstreatn 1S ancel 75000 c ) will be imported by trUck throughout the procesS. for the stone colurons (65,000 to, Y . . "" ,,,"',_ '"""''', wil' bo ",,,,", "'" tbo ",,- -rh' do- _,.",,\u<ln<l\ d d ..,,,, " ""ll " ,ddit"''''' ",,,,,,,,,'" ",,,,",, ~. _"ol = tho "",ton" """" "'"uo"", bO'- ""'"" will b, p'''''' O''' tl.. ,,",,0,,", ftO'" . ",..-"" "",,0<. ~ _"ol ",d "" "''''"''''' ",d ,hcll ",,,on'" thO' "'" .._ ..,ll "'''' tho _ ",,",,,,,, bi b widonol by opP"'''-'' "Of"" Tho _",01 '" <opl..... '" ~ ",ol' th, Don "'" "'01':- ~,.OO ",,,,,,,, "''' ",.,gfu""'" 0' _ """ bo.,-l"''' t_~ ';'" ':"~ ~ b.- ",ould ,,",ui<' 200,000 to 400,000 " the alluvium is lesS than predicte. 1S a 11 of material. . . .""",,,, " '" b'\oW ",,,,,,,on,I, _,,'o! W"" 1""\ in "" _"0<< ""ll .ood '" "':'~ f' Co""'''''OO'' "tin<,toI to "", \",,1 0' 51 0 ,,,.., po","'" down to """,,00 " . appro1timatelY III months. . "p"z W h 1r.R C01'l1RJ\C1 ---------------------------------- A.-l Dewatering will be necessary during excavation of the alluvium to elevation 340 feet, installation of the central stone columns, and replacement of the alluvium to maintain the ground water level approximately 10 feet below the excavated ground surface. Dewatering may also be required during excavation ground surface. Dewatering may also be required during excavation of the borrow material for the buttress if groundwater is encountered. Borrow areas for material needed in strengthening the dam can come from the Arroyo Grande Creek floodplain downstream of the dam that was excavated during the original construction of the dam. Approximately 25,000 to 35,000 cy of commercially obtained materials are expected to be required for "filter and drain" zones of the Dam. The materials will be needed at the beginning of backfill after the stone columns are completed. Appurtenant Facility Improvements The left abutment has been suspected of having seepage, and the spillway structure (on the right abutment) requires repairs to areas ofthe concrete floor and walls, Construction activities will occur at the spillway and at the left abutment to correct these problems. Seepage in the left abutment may have carried some abutment materials out though the drains in the dam, resulting in voids. Grouting will be used to reduce this seepage by filling ,any such voids. This work is independent of the remediation activities and could be performed in parallel with them. LOPEZ WATER CONTRACT A-2 APPENDIX C: LOPEZ HYDRAULIC GRADE CALCULATIONS ~~ cf.~..,--.;~",. ~, ,l~,~" ,,' w Worksheet for Lopez-Edna . '!'5i"~~iJ"~~t~ '" ;.....,*'.."'~...<. ,:I.. ''',;. '<.. . I.. .,~~~-~ ",", :- " . ..:..::: Friction Method Solve For Hazen-Williams Formula Pressure at 2 ~~,,%:, -:" ", ":,,...', J~,'.' '~';~~~..ii&;'~.. ..;<~"'.;;;" c'" .. ,'- ...1t',?, ;'."}',, -,' ," ...... ;...,"',':.:........ "" Pressure 1 Elevation 1 Elevation 2 length Roughness Coefficient Diameter Discharge 0,00 psi 350.00 fl 160,00 fl 21542,00 fl 80,000 2.75 fl 12.09 It'/s ~'tl~~~t1&..~_~ Pressure 2 72.70 psi Headloss 22.31 fl Energy Grade 1 350.06 fl Energy Grade 2 327.76 fl Hydraulic Grade 1 350.00 fl Hydraulic Grade 2 327.69 fl Flow Area 5.94 It' Wetted Perimeter 8.64 fl Velocity 2.04 Ills Velocity Head 0,06 fl Friction Slope 0.00104 IlIfl 12128/20059:03:38 AM Bentley Systems, Inc. Haestad Methods Solution Center 27 Slemons Company Drive Suite 200 W Watertown, CT 06795 USA +14203-755.1666 FlowMaster [08.01.058.00J Page 1 of 1 Worksheet for Edna-Oceano ~~~r[ii'1'st:'ii'~ti6:i)f;f~''"P-"'h~~~~'i!'~~~>l1WJiii'm''~~~~~ ~J_-~'~BJ'_i.:a~-ci~4~i'"; .,', .. 't..'~.' .f.... Friction Method Solve For Hazen-Williams Formula Pressure at 2 ~~~~~~.~~ .~.'" '~." ,- _ ",.,.,,-;'.'-.... -.,:, ~.. ,.." .""'~' .. i..."" .. .. ", ....' ....",,; .. '';'~;'''''' .. .t" .. ~.. ,;,'" " Pressure 1 72.70 psi Elevation 1 160.00 ft Elevation 2 130.00 ft Length 8193.00 ft Roughness Coefficient 80.000 Diameter 2.50 ft Discharge 10.51 fl'/s ~-~~~~-~~~JJ~ . ,., ..... .'.':....'.. o. "",', .-' {;iU.~'" ',' ....,.. ': .=-,"".~, " .~^,." ,'" ." ,,:;-.. ." Pressure 2 81.19 psi Headloss 10.41 ft Energy Grade 1 327.76 ft Energy Grade 2 317.35 ft Hydraulic Grade 1 327.69 ft Hydraulic Grade 2 317.28 ft Flow Area 4.91 ft' Wetted Perimeter 7.85 ft Velocity 2.14 ftls Velocity Head 0.Q7 ft Friction Slope 0.00127 ftlft 12/28/20059:03:34 AM Bentley Systems, Inc. Haestad Methods Solution Center 27 Slemons Company Drive Suite 200 W Watertown, CT 06795 USA +1.203.755~1666 FlowMaster [08.01.058.00] Page 1 of 1 Worksheet for Oceano-Brisco Di~e!.9~~~."'~~~'~~~~,;)~~~~~iIfi1~W~ .,.,~..,'-!'l?r:* 'tttlv'~!l'4~"':'. ;.(',' }'f" .~~~~~s:&tt~~~~~ Friction Method Solve For Hazen-Williams Formula Pressure at 2 ~.,...~~~ I;l.uflrn'i:im:^l~;"~t!i""", '" .r,;." ,'''~;;;0~-p' ,. - ~ ,".'fY,' ; '-.' ;- ;~,../"1l]'., ".,.' ~:" ~ .. ~....-a.:.~' .~, ," .' ""'." ,.'..',.. '., .." '.~.., .... I ,,'-;'''''',' ,N!. .... .. .. .. ~.. ".. Pressure 1 81.19 psi Elevation 1 130.00 ft Elevation 2 130.00 ft Length 27.00 ft Roughness Coefficient 78.000 Diameter 1.50 ft Discharge 9.78 fWs .. ;,- -. 'tS";''.' . f!J..M' .. -'. ",', ,Vi. ," >~;,,{fj '1lf,'}'$>' + ':i:'i!; <Pf,-," c,~,'r,~ ! ,.,~".ti.., {i.' ,~ _ i; ,.',,' .... .. -.".. '.~'i.' ".:. -,' "~",'l'.. ...~: <"," ...' , U."'-, ><_ " ,B:;', ..... IN : -:"G .. Pressure 2 81.03 psi Headloss 0.38 ft Energy Grade 1 317.75 ft Energy Grade 2 317.37 ft Hydraulic Grade 1 317.27 ft Hydraulic Grade 2 316.89 ft Flow Area 1.77 ft' Wetted Perimeter 4.71 ft Velocity 5.53 flIs Velocity Head 0.48 ft Friction Slope 0.01403 flIft 12/28/20059:03:27 AM Bentley Systems, Inc. Haestad Methods Solution Center 27 Siemons Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 FlowMaster [08.01.058.00] Page 1 of 1 Worksheet for Brisco-Grover -m""';""'rr"w;Jf.1r~;:t;~~' ," ,"" '.' '~'" " 'II' "~,, .',., ,e,. , (-u Pfa.ff:),ASGI7I' ,onD".-? "", ~t_;;tQ .' ,4.."'" ,-;;.;7, .;; {f "'j,- _ ". > ;'*~~ "~;",,,'M', ;. , "'-::ff>,,' ":,~4BJ f/", .:,,;, " ;; ~.'~ , ,..~. ....,.. __, ;;..' . ""''liii:<.-.,.'-''''- """,'-' .'. ,"'. Friction Method Solve For Hazen~Williams Formula Pressure at 2 -1'.'~~K4?~~I~_' tLQOllu'"a-" /-, "'!i!?~' ,,~,t;..---~,:; ",,'. ,t"~'<i"" ,.,.'.~~(."',,'.... -'i:<"' '.'". r,:~._, ,'. ...., " ,::,- -"'. ,', c,", .~,,'i .';t,'" ;'.".'," '~~'" ", ".. . .,," .' ~:.. ':.' "',' ,..-. . "..:'! 'J S.... .. Pressure 1 81.03 psi Elevation 1 130.00 ft Elevation 2 70.00 ft Length 4434.00 ft Roughness Coefficient 78.000 Diameter 1.50 ft Discharge 5.65 Wls ~~T!1Jii~~\__ in~~l~ . - .,' ,~~\;... -,,'.:"'~2.:.' -'r ,"5)i{. ,..r!r.~,,~\t!';. ':,....-..:t. ';;;~'. ,'~~~,..,., 'i Pressure 2 97.28 psi Headloss 22.52 ft Energy Grade 1 317.06 ft Energy Grade 2 294.54 ft Hydraulic Grade 1 316.90 ft Hydraulic Grade 2 294.38 ft Flow Area 1.77 ft' Wetted Perimeter 4.71 ft Velocity 3.20 flIs Velocity Head 0.16 ft Friction Slope 0.00508 flIft 12/281200S 9:03:21 AM Bentley Systems, Inc. Haestad Methods Solution Center 27 Slemons Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 FlowMaster [08.01.058.00] Page 1 of 1 Worksheet for Grover-Bello .~~~r~i~.!i'f"~;> . ,~ate .....' . ':," , :.-, ' ,'.. ,,'E'i&f1.m~ Friction Method Solve For Hazen-Williams Formula Pressure at 2 ~.1'___~~" ,> U,'~ ,If. .~,'f '~:>'::~'~~~,_, " ". .... !.,,",:~1j, ~;_.l ,,", ".::i._,~;'. ,~;.~~,.' . ~,'m' ,'f ,,' ;~~-<:;' Pressure 1 97.28 psi Elevation 1 70.00 It Elevation 2 80.00 It Len9th 11391.00 It Roughness Coefficient 80,000 Diameter 1.50 It Discharge 4.37 fl'/s ~.'l~"~~~ ~l.t~' ,s~~ ~..,' ~' """., ,.' .",~, '::'~'., ,-'" ,'~-;u'., . ,_$:'"! ,~, . ~: , ;#;r"l;4~;, .~~,' '. Pressure 2 78.07 psi Headloss 34.31 It Energy Grade 1 294.48 . It Energy Grade 2 260.17 It Hydraulic Grade 1 294.38 It Hydraulic Grade 2 260.08 It Flow Area 1,77 It' Wetted Perimeter 4.71 It Velocity 2.47 flIs Velocity Head 0.10 It Friction Slope 0.00301 flIft 12/28120059:03:16 AM Bentley Systems, Inc. Haestad Methods Solution Center 27 Slemons Company Drive Suite 200 W Watertown. CT 06795 USA +1-203~755-1666 FlowMaster [08.01.058.00] Page 1 of 1 Worksheet for Bello-Vista iB:;!i!~':wff,\';..~~''i''JI.~iI'~_'''~I,_liii~'''~~~1!'1'"~IJ,V'.'I!!.~~~m ~~~m~~~~~iXf~~:Y~'-' .tJ" .il'T:f~~~_~ Friction Method Solve For Hazen-Williams Formula Pressure at 2 ~. a, : l:J " '" ,>'"-" '!l~;~ ""f,' >^ ",';;."_' ~~",-._.. :_'.}' - ,,<:,. ,. i~ ~ !'f.i .~~; ":<If,.,' l' , , ,..'- . " , -,. .i1ilJ.:"$;. . ',', 'tIi.1i ~,- - ",., ,. ,~.. .'. f" I .:', ' Pressure 1 78.07 psi Elevation 1 80.00 ft Elevation 2 100.00 ft Length 13165.00 ft Roughness Coefficient 80.000 Diameter 1.50 ft Discharge 1.92 ftS!s ~~{_~~~" , '''''' - "" . ".. ., ':l. '. .".' , ... ~. , < " :,,' . Pressure 2 65.65 psi Headloss 8.65 ft Energy Grade 1 260.09 ft. Energy Grade 2 251.45 ft Hydraulic Grade 1 260.07 ft Hydraulic Grade 2 251.43 ft Flow Area 1.n ft' Wetted Perimeter 4.71 ft Velocity 1.09 ftls Velocity Head 0.02 ft Friction Slope 0.00066 ftlft 12/28120059:03:12 AM Bentley Systems, Inc. Haestad Methods Solution Center 27 Siemons Company Drive Suite 200 W Watertown, CT 06795 USA +1.203.755.1666 FlowMaster [08.01.058.00] Page 1 of 1 Worksheet for Vista-Sunset ~~' ~" ~-!lij!;~"~"~~-i!l~ '., ,'. -. ,.." 't... . "'" " i:':f'~"," ',.; "i~,. ';':'~,l.. ,,,. . -" "", , ..~.,.,.< " ..... " .., '" .. ",. ," . ie- ,.,',;, .v' " '.,- . ,'. -~." '. -,":l>. .t.[,.,::~L 1.<"-- " l.- ,- Iii:",',!'.," '" ".. ... , ,,',,' ~I ~ ,IWii:,' ,,' :llili!i,' '",'ffW~" ,.' " " ". ,.,,"W' '- ' , .' ' " ' ~ Friction Method Solve For Hazen-Williams Formula Pressure at 2 ~l "'~~~~ii~~<<'''~~~ Q, ,.~;- lei," !;._': _~~~4" ';".' ";,,::"_,~' ""'.,:,;;.:;.......,-,1<:;:.,.,;....' ;r'~" .'~"':~,'~!";:.~"'_ Pressure 1 65,65 psi Elevation 1 100,00 It Elevation 2 130,00 It Length 9278,00 ft Roughness Coefficient 80,000 Diameter 1,16 It Discharge 1,11 ft'/s ~~\i~~l\~~"'~~~~'Ii Pressure 2 49.30 psi Headloss 7.72 It Energy Grade 1 251.44 It Energy Grade 2 243.72 It Hydraulic Grade 1 251.43 It Hydraulic Grade 2 243.70 It Flow Area 1.06 ft' Wetted Perimeter 3.64 It Velocity 1.05 flIs Velocity Head 0.02 It Friction Slope 0.00083 fl/ft 12128120059:03:07 AM Bentley Systems, Inc. Haestad Methods Solution Center 27 Slemons Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 FlowMaster [08.01.058.00J Page 1 of 1 Worksheet for Sunset-CSA 12 ~11PJl~~~~~~~~~~ Friction Method Solve For Hazen-Williams Formula Pressure at 2 Pressure 1 49.30 psi Elevation 1 130.00 ft Elevation 2 90.00 ft Length 1552.00 ft Roughness Coefficient 100.000 Diameter 8.00 ft Discharge 1.11 W/s ~es'~'I~}B'_~r~rr:"~ ~~&,,, ,',"" ," "~~~ -,~,~,~ .1-",..>>';,., "~ "'!~l~ "'~ '" l-, " m,'" ",C __': ,. '. >, Pressure 2 66.64 psi Headloss 0.00 ft Energy Grade 1 243.71 ft Energy Grade 2 243.71 ft Hydraulic Grade 1 243.71 ft Hydraulic Grade 2 243.71 ft Flow Area 50.27 ft' Wetted Perimeter 25.13 ft Velocity 0.02 ftls Velocity Head 0.00 ft Friction Slope 0.00000 ftlft 12/28/20059:03:01 AM Bentley Systems, Inc. Haestad Methods Solution Center 27 Slemons Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 FlowMaster [08.01.058.00] Page 1 of 1 Worksheet for CSA 12-0ntario l1'l"'7~~i.r!~~Ril}I~E:'''4'Wi' l!f~flj~~~"1l Ilk" .' """'1~~~'fji, ".,~ ",;,";;-'~l . '..".' ',.". )!~~~g Friction Method Solve For Hazen-Williams Formula Pressure at 2 ~~~~~ ~~__ LCI .7,",0,." '_' ','..', ',;; _ _ '_ .ff. ~~."__"_,, _ ..~,'_'._._-, ",." ',..(>i'-';~,;44 -"';. Pressure 1 66.64 psi Elevation 1 90.00 ft Elevation 2 30.00 ft Length 1414.00 ft Roughness Coefficient 100.000 Diameter 8.00 ft Discharge 1.11 fl'/s ~t1~-i~1!:_ItIM.!l.it~ii.~'Ilill[__. ;;;;.~_~." .. ..".. , ',' .,- ", .'_"..""'.-.-.'.... . _",,'" '.... -,-" r , Pressure 2 92.65 psi Headloss 0.00 ft Energy Grade 1 243.71 ft Energy Grade 2 243.71 ft Hydraulic Grade 1 243.71 ft Hydraulic Grade 2 243.71 ft Flow Area 50.27 ft' Wetted Perimeter 25.13 ft Velocity 0.02 flIs Velocity Head 0.00 ft Friction Sl.ope 0.00000 flIft 12/28/20059:02:55 AM Bentley Systems, Inc. Haestad Methods Solution Center 27 Siemons Company Drive Suite 200 W Watertown, CT 06795 USA +1.203-755-1666 FlowMaster [08.01.058.00] Page 1 01 1 Worksheet for Ontario-Avila Friction Method Solve For Hazen-Williams Formula Pressure at 2 I I I I I . .,' '..', ~ a. . :' ""....,' .. .." ',;3' ,<".. '." .." :' ..' .. ..... .... .. -.. ..' .,' ....-.. >'.. ." '1. ... ,.- '" .. ..,' ,'t,~~.. ........ ".' _.." .,' .. .., ,'" '" ./....1f.. .. .....'.. ','" .. Pressure 1 92.65 psi Elevation 1 30.00 fI Elevation 2 10.00 fI Length 13950.00 fI Roughness Coefficient 100.000 Diameter 8.00 fI Discharge 0.38 Wls .~ es',"',.. .... "," ..... -, "~"" ".. ..~ e'-' , ~"_'" ..,,"'.1.. "..- ,", .1" ~ ~ ..- " 0" ",;' ." :t.,"'" ~ '" Pressure 2 101.32 psi Headloss 0.00 fI Energy Grade 1 243.70 fI Energy Grade 2 243.70 fI Hydraulic Grade 1 243.70 fI Hydraulic Grade 2 243.70 fI Flow Area 50.27 fI' Wetted Perimeter 25.13 It Velocity 0.01 fils Velocity Head 0.00 fI Friction Slope 0.00000 fllfI 12/28/20059:02:49 AM Bentley Systems, Inc. Haestad Methods Solution Center 27 Slemons Company Drive SuIte 200 W Watertown, CT 06795 USA +1.203-755-1666 FlowMaster [08.01.058.00) Page 1 of 1 Worksheet for Lopez-Edna-new Friction Method Solve For Hazen-Williams Formula Pressure at 2 ~~~'Sf~~~j~~ Pressure 1 0.00 psi Elevation 1 350.00 It Elevation 2 160.00 It Length 21542.00 It Roughness Coefficient 80.000 Diameter 2.75 It Discharge 15.32 It'/s ~i!fi.~~""~~~~.. Pressure 2 67.38 psi Headloss 34.58 It Energy Grade 1 350.10 It Energy Grade 2 315.52 It Hydraulic Grade 1 350.00 It Hydraulic Grade 2 315.42 It Flow Area 5.94 It' Wetted Perimeter 8.64 It Velocity 2.58 ftls Velocity Head 0.10 It Friction Slope 0.00161 ftIft 12/28/20059:46:59 AM Bentley Systems, Inc. Haestad Methods Solution Center 27 Slemons Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 FlowMaster [08.01.058.00] Page 1 of 1 Worksheet for Edna-Oceano-new ~. ~f"'~lftr~&;:..~it~~~s?!:"~~~~_~~~~~~~!!3i'11I WIl?~~e~!~d1,~~. -~. ",.'~,;' '. ~~~'k~ Friction Method Solve For Hazen.Williams Formula Pressure at 2 ~...",.'t-...." ," "'~'~t~ ..:', ".' /', ..,,'-,- -(,. ." ,'" ,"., .r.'':-'' ".~' .: ,__' ,- '.' '....;.'.... .,f~-;:;'::.'''' . ,'.,' -:.., .",' .'.. ,;~ Pressure 1 67.38 psi Elevation 1 160.00 It Elevation 2 130.00 It Length 8193.00 It Roughness Coefficient 80.000 Diameter 2.50 It Discharge 13.61 It'ls ~~~."'.i'~i\f!:~ Co., :_" ..1,J.)'.....,..'.,--~..;..,.,'; ~t~.>..._.""w~."'.',. .....~',.< ijU'.~ Pressure 2 73.10 psi Headloss 16.81 It Energy Grade 1 315.54 It Energy Grade 2 298.73 It Hydraulic Grade 1 315.42 It Hydraulic Grade 2 298.61 It Flow Area 4.91 It' Wetted Perimeter 7.85 It Velocity 2.77 ftIs Velocity Head 0.12 It Friction Slope 0.00205 ftIft 12/28120059:47:55 AM Bentley Systems, Inc. Haestad Methods Solution Center 27 Siemons Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 FlowMaster 108.01.058.00] Page 1 of 1 Worksheet for Oceano-Brisco-new ~~~~.A._~ Frtetion Method Solve For Hazen-Williams Formuia Pressure at 2 ~~A__1i1 Pressure 1. 73.10 psi Elevation 1 130.00 fl Elevation 2 130.00 fl Length 27.00 fl Roughness Coefficient 78.000 Diameter 1.50 fl Discharge 11.77 fl'/s ~~~~~"'''1~~~~~ Pressure 2 72.87 psi Headloss 0.53 fl Energy Grade 1 299.30 fl Energy Grade 2 298.77 fl Hydraulic Grade 1 298.61 fl Hydraulic Grade 2 298.08 fl Flow Area 1.77 fl' Wetted Perimeter 4.71 fl Velocity 6.66 flIs Velocity Head 0.69 fl Friction Slope 0.01977 flIfl 12/28/20059:48:49 AM Bentley Systems, Inc. Haestad Methods Solution Center 27 Slemons Co.mpany Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 FlowMaster [08.01.058.00] Page 1 of 1 "---'-.-.., WATER SUPPLY STUDY: DESALINATION -/////:/1 i\"\. ,\<\;<<:-, ///'i :;i\\\\.\\ ' ... ,~~~: DRAFT OCEANO COMMUNITY SERVICES DISTRICT CITY OF ARROYO GRANDE CITY OF GROVER BEACH JANUARY 2006 WALLACE GROUP 4115 BROAD ST. SUITE B-5 SAN LUIS OBISPO, CA 93401 DESALINATION WATER STUDY: TABLE OF CONTENTS LIST OF FIGURES ................................................ ........ ......................................... LOF-1 LIST OF TABLES ................... ........... ..................................................................... LOT-1 EXECUTIVE SUMMARY .......................................................................................... ES-1 CHAPTER 1: INTRODUCTION ...................................................................................1-1 1-1 Project Background ....................................................................................1-1 1-1.1 Project Characteristics ................................................................. 1-1 1-2 Water Desalination .....................................................................................1-2 1-3 Scope of Work..... ....... ............................................. ... ................................1-2 1-4 Acknowledgements.................................................................................... 1-4 CHAPTER 2: DESALINATION FACILITY OVERVIEW ...............................................2-1 2-1 Introduction................................................................................................. 2-1 2-2 Site Location............................................................................................... 2-1 2-2.1 Outfall Capacity.........................................................................2-3 2-3 Source Water.............................................................................................. 2-3 2-3.1 Brackish Water Wells ................................................................2-3 2-3.2 Sea Water Intake............ ....... .................................................... 2-4 2-3.3 Source Water Quantity ..............................................................2-4 2-3.4 Conclusions............................................................................... 2-5 2-4 Product Water........... ................................................. ....... ................... ....... 2-5 2-4.1 Distribution .............................................. .................................. 2-5 2-5 Operation & Maintenance ...........................................................................2-6 CHAPTER 3: TREATMENT TECHNOLOGy...............................................................3-1 3-1 Desalination Schematic.............................................................................. 3-1 3-2 Treatment Technology................................................................................ 3-2 3-2.1 Intake Structure.. ....................... ................................................... 3-2 3-2.2 Pretreatment................................................................................ 3-2 3-2.3 Membrane Treatment.................................................... ............... 3-3 3-2.4 Post Treatment ........................ .................................................... 3-3 3-3 South County Desalination Facility .............................................................3-4 3-3.1 Pre and Post-Treatment...............................................................3-4 3-3.2 Membrane Design........................................................................ 3-4 CHAPTER 4: PERMITTING & ENVIRONMENTAL CONSIDERATIONS ....................4-1 4-1 Regional Water Quality Control Board ........................................................4-1 4-2 Coastal Commission................................................................................... 4-2 4-2.1 Costal Act Review........................................................................ 4-4 4-3 Environmental Impact Report........... ..... ....... ............. ... ............................... 4-5 4-3.1 Construction.............................................................................. 4-5 4-3.2 Energy Use ...............................................................................4-6 4-3.3 Air Quality.................................................................................. 4-6 4-3.4 Marine Environment ..................................................................4-7 4-3.5 Increased Development. .... .... ..... ... ............... ...... ... ....................4-7 Desalination Water StudyfTable of Contents Project No. 0232.506.041 TOC-1 January 2006 Draft CHAPTER 5: LIFE CYCLE COST ...............................................................................5-1 5-1 Capital Costs.. ..................... ........... ........................ .... ........ .... .................... 5-1 5-1.1 Seawater Intake Structure............................................................ 5-1 5-1.2 Intake Piping to the SSLOCSD Plant from Ocean Intake Wells.... 5-1 5-1.3 Maintenance Building to House Membrane System and Chemical Storage Facility................ ............. ........ ....... ................5-1 5-1.4 Desalination Membrane Infrastructure Skids and Cartridges........ 5-1 5-1.5 Brine Disposal System.................................................................5-2 5-1.6 Pretreatment Cartridge Filters...................................................... 5-2 5-1.7 EIR and Permit Fees....................................................................5-2 5-1.8 Pumps ............ ......................... ...................... ..............................5-2 5-2 Operations and Maintenance........................................ ..............................5-2 CHAPTER 6: SUMMARY ...........................................................................................6-1 6-1 Desalination Facility Overview.................................................................... 6-1 6-2 Permitting Overview ...................................................................................6-2 6-3 Cost............................................................................................................ 6-2 6-4 Miscellaneous............................................................................................. 6-3 CHAPTER 7: PROPOSITION 50: DESALINATION GRANT FUNDING...................... 7-1 7-1 Eligible Applicants & Projects ..................................................................... 7-1 7-2 Available Funds...... .......... ........................ .................................................. 7-1 7-3 Proposal Preparation ..... ........................... ........... ..... .................................. 7-1 7-4 Anticipated Schedule ........ ........................................ .................................. 7-2 CHAPTER 8: IMPLEMENTATION & TIMELlNE..........................................................8-1 8-1 Timeline...................................................................................................... 8-1 8-1.1 Funding Study.............................................................................. 8-1 8: 1.2 Agency Agreements................................. .................................... 8-1 8-1.3 CEQA/Environmental Review......................................................8-2 8-1.4 Detailed Design.. ................. ............. ........ ..................... ............... 8-2 8-1.5 Permitting..................................................................................... 8-2 8-1.6 Bid Phase & Construction ............................................................8-3 8-2 Overview of Project Timeline ...................................................................... 8-3 Appendix A: Groundwater Management Agreement Appendix B: Lopez Consumer Report Appendix C: California Ocean Plan Appendix D: Waste Discharge Report Form 200 Appendix E: Coastal Commission Permit Application Appendix F: ROPRO Two-Pass with Interpass Pump Summary Desalination Water Studyffable of Contents Project No. 0232.506.041 TOC-2 January 2006 Draft LIST OF FIGURES Figure 2-1 SSLOCSD Site Location .............................................................................2-2 Figure 3-1 Desalination Process Schematic.................................................................3-1 Figure 3-2 SSLOCSD WWTP RO Building...................................................................3-6 Desalination Water Studyrrable of Contents Project No. 0232.506.041 LOF-1 January 2006 Draft LIST OF TABLES Table 2-1 Required Source Water Quantity..................................................................2-5 Table 4-1 Existing Desalination Facilities Along the California Coast ...........................4-3 Table 4-2 Proposed Desalination Facilities Along the California Coast.........................4-4 Table 5-1 Desalination Life Cycle Cost Analysis ..........................................................5-1 Table 8-1 Proposed Timeline ... .... ..... ...................................... ..................................... 8-3 Desalination Water StudyfTable of Contents Project No. 0232.506.041 LOT-1 January 2006 Draft EXECUTIVE SUMMARY (To be provided as part of Final Report.) Desalination Water Study/Executive Summary Project No. 0232.506.041 ES-1 January 2006 CHAPTER 1 INTRODUCTION This chapter outlines the basis for the desalination supplemental water supply study for the City of Arroyo Grande (AG), City of Grover Beach and the Oceano Community Services District (CSD). 1-1 PROJECT BACKGROUND Currently, the California Central Coast is fed by a variety of water sources such as groundwater, surface water, and state-supplied imported water via the California State Water Pipeline. Recent water supply studies have shown that projected water use within these communities will exceed available drinking water supplies. In August 2004, a Water Supply Alternatives analysis for the City of AG was prepared by Wallace Group. Several long and short-term alternatives were presented in the August 2004 study including the purchase of state water, extending the proposed Nacimiento pipeline to south San Luis Obispo County, and desalination. Conclusions from the report suggest that the City of AG investigate the desalination alternative in more detail to determine actual feasibility, cost, and proposed timeline. Initial proposals for the desalination study unearthed the fact that neighboring communities, such as the City of Grover Beach and the Oceano CSD might also be interested in obtaining additional water supply. Therefore, each agency was invited to participate in the desalination water study. These three agencies, the City of AG, City of Grover Beach, and Oceano CSD have coordinated efforts to prepare the following evaluation of using desalination for water supply to their respective customers. 1-1.1 Proiect Characteristics Many Central Coast water master plans include the possibility of a desalination facility as a source of potable water, however the idea is usually precluded from further evaluation due to the thought that a desalination facility would be too expensive and/or difficult to design. The following report will evaluate the probable costs and timeframe associated with a desalination facility to serve the City of Arroyo Grande, Grover Beach, and Oceano Community Services District with supplemental drinking water. Based on preliminary discussions with each agency, the following is a list of assumptions that were made in order to prepare this desalination evaluation: . The combined total future water need for the three agencies is estimated to be 2300 AFY. . The location of the desalination facility will be at the South San Luis Obispo County Sanitation District Wastewater Treatment Plant (SSLOCSD WWTP). · Brine from the desalination process would be disposed of in the existing SSLOCSD ocean outfall (depending on capacity). . Source water would either come from sea water wells near the SSLOCSD WWTP, or a "reverse leachfield" system along the seafloor. Desalination Water Study/Chapter 1 Project No. 0232.506.041 1-1 January 2006 Draft · In the absence of a source water quality report, source water quality will be assumed as seawater with roughly 35,000 mg/L total dissolved solids (TOS). · While there are a few different treatment technologies to choose from for designing a desalination facility, this report will assume that reverse osmosis is the most cost effective technology for the Califomia Central Coast Region. This report assumes that the desalination method will be reverse osmosis. 1-2 WATER DESALINATION The practice of using high-salinity water and treating it to produce drinking water has been around for several decades. However only recently has this practice become more cost-effective due to advancements in the treatment technology along with the increasing prices and treatment standards of other drinking water supplies. With the abundance of saline water sources along the California Central Coast, the idea of using desalination to supplement the agencies potable water supply has become more realistic in recent years. Desalination is the reduction of total dissolved solids (TOS) from a mineralized or saline water source. The source water typically used in the desalination process is seawater, which has a TOS content of approximately 35,000 to 45,000 milligrams per liter (mg/L), or brackish groundwater wells, which have a TOS content of anywhere from 1,000 to 10,000 mg/L or more. The U.S. Environmental Protection Agency secondary drinking water standard for aesthetic quality is 500 mg/L TOS, therefore it is desirable to find a desalination technology that will remove the appropriate amount of salts and other dissolved constituents to produce fresh drinking water with TOS content of 500 mg/L or less. Currently, there are several technologies available that will produce the desired water quality from a saline water source, however one specific technology has advanced enough to become more cost effective and reliable than many of the other alternatives. Membrane technology, specifically reverse osmosis, uses pressure and synthetically produced membranes to separate the dissolved solids from the feed water source with high recovery rates and lower energy usage than other alternative methods. For this reason, reverse osmosis will be the treatment technology investigated in this report. In addition to the treatment technology used, several variables regarding the construction of a desalination facility must be evaluated, including environmental and regulatory issues, capital and operational costs associated with a desalination facility, and project implementation. Because of this, the following scope of work was prepared to outline the level of effort put into this desalination water supply study for the City of AG, City of Grover Beach and Oceano CSO. 1-3 SCOPE OF WORK In August 2005, Wallace Group was retained to prepare a supplemental water study with the following scope: . Identify and meet with various agencies that would be involved in the desalination project, including: Coastal Commission Desalination Water Study/Chapter 1 Project No. 0232.506.041 1-2 January 2006 Draft National Oceanic and Atmospheric Administration Army Corps of Engineers California Department of Fish and Game California Department of Health Services Regional Water Quality Control Board County of San Luis Obispo . Identify potential environmental concerns, and discuss a timeline for completion of an EIR for the project. . Review available local groundwater quality data relative to drinking water standards, dissolved solids and other parameters pertinent to desalination, and will identify water quality and pre-treatment requirements for desalination treatment. . Evaluate a desalination plant layout and siting requirements based on the water demands. We will define the required size of the plant, recommend a location on the SSLOCSD WWTP site, review yard piping and show conceptual piping to and from the desalination plant and utility, recommend a brine line alignment and recommended tie-in to the outfall line, review and determine capacity impacts to the outfall relative to SSLOCSD's and the City of Pismo Beach shared outfall capacity, and review the waste discharge requirements and identify impacts or qmcerns relative to the Regional Board discharge permit. Wallace Group will evaluate the required power utilities needed to serve the desalination plant. . Evaluate the operational requirements of the plant, including labor, training and licensing of staff, and how the plant will be controlled and how the plant will interface with existing SCADA systems. Alternatives for operation will include operations staff provided by the various stakeholders (City of AG, City of Grover, and/or Oceano CSD) via direct staff hire or contract services, or alternatively that the three agencies would contract with SSLOCSD to operate the plant. Both options for operations will be discussed and evaluated. . Evaluate alternatives for how treated water will be delivered to the various agencies through existing water distribution system infrastructure, if additional distribution improvements will be required, and possible tie-in locations to the distribution system(s). . Prepare a 20-year life cycle cost analysis for capital and O&M costs associated with the desalination plant. We will prepare a simple rough cost estimate of unit cost of treated water per acre-foot, based on a percentage basis according to corresponding agencies' share of the project demands. This unit cost will be compared to the current cost of water supplies of the agencies. . Prepare a time line and implementation plan, including consideration of permitting requirements, timeline to address environmental issues, design and construction schedules. and system start-up. Desalination Water Study/Chapter 1 Project No. 0232.506.041 1-3 January 2006 Draft 1-4 ACKNOWLEDGEMENTS The following agency representatives provided assistance in preparing this supplemental water supply study: Don Spagnolo, City of Arroyo Grande Steve Adams, City of Arroyo Grande Mike Ford, City of Grover Beach Mitch Cooney, Oceano CSD The following Wallace Group key team members were involved in the preparation of this water supply study: Steven G. Tanaka, P.E., Director of Water Resources Shannon Peterson, Associate Engineer Tom Zehnder, P.E., Director of Mechanical Engineering Desalination Water Study/Chapter 1 Project No. 0232.506.041 1-4 January 2006 Draft CHAPTER 2 DESALINATION FACILITY OVERVIEW This chapter specifies the possible sources of feed water and distribution of product water based on the proposed site for the desalination facility. Treatment technologies using reverse osmosis differ depending on the source water quality, thus it is important to outline the source water location and quality. In addition, product water quality is important to discuss because distribution of product water typically involves blending with other water sources to balance out the overall water quality within the community. Proposed operations and maintenance of the desalination facility will be discussed towards the end of this chapter. 2-1 INTRODUCTION As discussed in Chapter 1, desalination is the process that can be used to reduce the total dissolved solids in a saline water supply to potable water levels. Therefore, desalination is most often used to treat brackish or sea water to drinking water quality. Desalination facilities have recently evolved into cost-effective potable water treatment technologies for many communities around the world. However, many factors must be considered before determining whether a desalination facility is the most desirable source water alternative. Being that desalination facilities typically use brackish or sea water as the feed water source, facilities located on the coast line are preferable to alternative locations inland. Likewise, the location for concentrate, or brine, disposal must be determined. Regulations pertaining to concentrate disposal are stringent and, in some situations, concentrate disposal costs can be so significant that they alone can determine the overall feasibility of a desalination project. Other considerations when determining the viability of a desalination facility are the environmental, regulatory, and economic factors associated with the specific site. Each of these factors will be discussed later in the report. 2.2 SITE LOCATION The most logical location for a desalination facility for the purpose of this study is the existing South San Luis Obispo County Sanitation District Wastewater Treatment Plant (SSLOCSD WWTP). The SSLOCSD WWTP is located directly on the coast line, adjacent to all three communities (AG, Grover Beach, and Oceano). While available land at the WWTP site is limited, two locations at the site have been identified as potential sites for a future desalination facility (Figure 2-1). Determining the most desirable location for the desalination site will depend on the approximate size of the treatment infrastructure and the availability of land within the SSLOCSD WWTP. This topic will be discussed in more detail in Chapter 3. Because the WWTP site is directly adjacent to the ocean, sources for feed water and possible brine disposal locations are more abundant than other locations farther from the coast. In addition, the SSLOCSD WWTP currently maintains an ocean outfall for disposal of treated wastewater effluent from the plant. Depending on the capacity of the existing outfall, it might be possible to combine reject brine from the desalination facility Desalination Water Study/Chapter 2 Project No. 0232.506.041 2-1 January 2006 Draft GROVER BEACH o n ~ ~ z &C%:~S{. cC \~ I~"\"'~( \: \\ ..\ \ 14... 7,' \'il ./' \\,t::>' \..1J.:j'.',.i, OCEM!O \ Q'''-'' -' '" _ GP.!PC.>>C'!JIID ' . 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'II _ I'~ __J ""':~~: '-.'>"", "<_"_,~,, "1'f' '--<'; r{bl"[J:::.~,,1- '<i,.;J" "" ,,~""~, ?- ',1'(/:",:" """ ,,","", '<-iXnrr----:---TVf}JiJl:-'" "~,,~ -l[=::=~l ',~~> 1''8,,,.1 L:< x---"'-"..mm'lr'l_ 1"I"",rr:=: -"0'2..-'ll"~~ ~I== rii;jJ;'J!< , " ~ ~ n n .I [::::=:::::-1 1__....;!2!?(~I!,"I.::....1 l=.~ L ,\~~!-~~_._ ". 'f N ~ :--'--'j C-':::-J l-- 1__J:t2EgF.... - __1 I_.._..':.\x..~!~!~________=-J =:J ~'l Ie ~~~~I '--:l~t-- ".~' ~ if I~ l-;~~: F "I ,....,...,""',..'.....1 ,1-.- -. '.-1>[-- 'f "I t 'WID"]"! -",,:~,~~'==j:; _" ,_ I:~~,~"..~ ::] J='~~"';,~~i[_n ..J~mT-2CC:IC""---- OCEANO OUNES SSLOCSD WWTP JOB No, : 232-041 VICINITY MAP DRAWING : Site PIon DRAWN BY: EGM FIGURE 2-1 DATE 12/28/05 SAN LUIS OBISPO COUNTY, CA SCALE : NTS 4115BROAOSTREET,SUlTE 805 SAN LUIS OBISPO, CA93401 T805544-4011 F805544-4294 WNW.walraCe(lroup_us WALlACE GROUP with effluent from the WWTP, thereby diluting the brine with treated effluent before final disposal back into the ocean. 2-1.1 Outfall Capacity Currently, the SSLOCSD WWTP shares an ocean outfall with the City of Pismo Beach for disposal of treated wastewater. The ocean outfall extends approximately 4,000 feet offshore into about 60 feet of water depth. The line, constructed in 1979, was designed per State Water Resources Control Board Clean Water Grant limitations, which call for finding the nominal maximum flow capacity of the pipe by using the condition of highest tide and highest wastewater flow occurring concurrently. By agreement, the SSLOCSD owns 60% (or 10 MGD) of the total 16 million gallons per day flow rate through the outfall, while Pismo owns the remaining 40% (6 MGD). Currently, the SSLOCSD wastewater treatment plant has a maximum pumping capacity of 10 MGD, however future build-out of the plant anticipates future average fiow to be 4 MGD with peak wet-weather flow at 9 MGD and an associated instantaneous peak flow rate of 14 MGD. Information in the Pismo Beach Wastewater Master Plan indicate that peak flow from the Pismo WWTP is 3 MGD with storm water inflow and infiltration increasing the wastewater flow an additional 2 MGD during the storm season. Therefore, the combined peak wet weather flow through the shared outfall line can be assumed as 14 MGD. Because the known maximum capacity of the outfall line is 16 MGD, approximately 2 MGD remains available for additional disposal. Depending on the source water quality and the proposed recovery rate of the reverse osmosis unit, the quantity of brine needing to be disposed of can vary significantly. Typical recovery rates for sea water desalination plants range from 30% to 50%. Therefore, if the quantity of product water desired is 2300 AFY, approximately 4600 AFY of water will need to be withdrawn from the ocean and 2300 AFY (2 MGD) will be returned to the ocean during brine disposal. 2-3 SOURCE WATER It is typically advantageous to utilize brackish water wells over a direct sea water intake for desalination because the TDS concentration is typically lower, resulting in greater product water recovery. In addition, brackish water wells typically have less of an impact on the surrounding environment than a sea water intake. However, locating viable brackish water wells can sometimes be difficult, especially along the coastline where seawater intrusion on fresh groundwater basins is a problem. The following is a discussion on the possible locations and technologies used for source water collection. 2-3.1 Brackish Water Wells The location of the SSLOCSD WWTP is directly on the coastline, west of Oceano. A brief review of the hydrogeologic records and reports show that this location is situated over the Tri-Cities Mesa of the Arroyo Grande Groundwater Basin. According to the Groundwater Management Agreement, the safe yield of the groundwater basin is 9,500 AFY. While an extensive review of the hydrogeologic conditions directly off shore from the SSLOCSD WWTP has not been prepared at this time, it can be expected that pumping from brackish wells near the coastline may result in an impact on the Arroyo Grande Desalination Water Study/Chapter 2 Project No. 0232.506.041 2-3 January 2006 Draft Groundwater Basin safe yield, thereby violating the Groundwater Management Agreement. In a memorandum dated January 14, 2005, Cleath & Associates prepared a brief review of their reports and records to evaluate the closest areas where sea water or brackish water wells could be used to obtain water for a desalination facility. In the memorandum, Cleath finds a few potential areas for source water wells. One of the locations is in the Pismo Creek alluvial deposits, where the Careaga Formation has sea- water intrusion under the Pismo Beach area. The other location is farther north, near the Unocal tank farm at Avila Beach. Here, a good amount of water has been encountered in the Obispo Formation resistant tuffs that was found to be essentially sea water in quality. As stated in the January 14 memo, the permeability of the rock layers and the minimal inflow of on-shore fresh water enables the sea water to enter the rock layers unimpeded. The beneficial characteristic of this location, while relatively far from the proposed desalination facility location, is that pulling from wells in this area would result in no impact on inland groundwater. 2-3.2 Sea Water Intake The alternative to using brackish water wells as a source for a desalination facility is using a sea water intake. There are several issues that must be considered before choosing a direct sea water intake because its use tends to escalate environmental concerns and decrease filter recovery rates. The intake must be situated such that the intake of water will not degrade the environment or ecological environment in and around the intake area. This alone can be difficult and expensive to prove. However, there are several intake alternatives that minimize impacts to the surrounding environment. Some of these intake alternatives are called beach wells, or infiltration galleries. A beach well pulls seawater through some type of geologic unit (sand, gravel, rock, etc.). In addition to providing natural filtration, a beach well is also able to separate most of the marine organisms from the water intake. Beach wells typically consist of shallow wells with a non-metallic screen and vertical turbine pump. Beach wells are typically preferable to open intake structures when combined with RO treatment because the filtration provided by the geologic unit reduces the required pretreatment prior to the RO membranes. It is assumed that the South County desalination facility would install beach wells as opposed to an open intake to minimize environmental impacts and increase source water quality prior to treatment. Beach wells and infiltration galleries will be discussed in more detail in Chapter 3. 2-3.3 Source Water Quantitv As discussed in Chapter 1, all desalination processes produce a concentrate (brine) high in TDS that must be disposed of. The quantity of source water needed is directly related to the recovery rate of the proposed treatment technology. The recovery rate of the , treatment technology is, in turn, directly related to the source water quality (described above). A general rule of thumb is that recovery rates range from 60% to 85% for brackish water supplies, and 30% to 50% for sea water. Using these ranges and the total quantity of water requested by the Stakeholders (2300 AFY), the following table has been prepared: Desalination Water Study/Chapter 2 Project No. 0232.506.041 2-4 January 2006 Draft Table 2-1. Required Source Water Quantity Sea Water Source Brackish Water Source Recoverv Rate 30-50% 60-85% Reauired Quantitv of Source Water 6.7-4.1 MGD 3.4 - 2.4 MGD Convert to Gallons Der Minute 4652-2847 GPM 2361-1666 GPM As shown in Table 2-1, a series of intake wells would be required to obtain up to 4600 gpm for a sea water source with 30% recovery. Recovery rates of the reverse osmosis technology will be discussed in Chapter 3. 2-3.4 Conclusions Because a detailed analysis of the proposed source water quality has not been prepared to date, it is unknown whether the source water for a desalination facility will be of brackish or sea water quality. It is likely that any brackish water wells located in and around the SSLOCSD site will pull from the inland groundwater basin, thereby affecting the Groundwater Management Agreement (Section 2-3.1). Because the goal of this report is to analyze an alternative source of potable water that will not require alterations of the existing supply, brackish water wells are not considered to be a viable choice for the desalination facility. 2-4 PRODUCT WATER Pure water, that is water without dissolved materials, is very reactive and tends to dissolve materials that it comes in contact with. Therefore it is usually necessary to treat the desalted water to reduce its corrosivity. Post treatment corrosion control can involve the addition of lime to raise the pH. Another method of reducing the corrosivity of the product water is to blend it with other potable water in the system. It has been assumed, as part of this report, that product water from the desalination facility should match the quality of the existing drinking supply for the South County agencies. It is anticipated that product water would be blended with the existing water supply, therefore post treatment chemical addition should be carefully selected so that the final combination of blended water matches closely with the existing quality of water. Currently, water from the Lopez Distribution system delivers water from the Lopez Lake water treatment plant and the California State Water Project. It is anticipated that product water from the proposed desalination facility will be blended with water from the Lopez Distribution system prior to final distribution. Therefore, chemical addition to the product water should be chosen based on the water quality found in the Lopez Distribution system. The 2004 consumer report for water quality of the Lopez system can be found in Appendix C. 2-4.1 Distribution Because the proposed site of the desalination facility is located at the SSLOCSD WWTP, a method of product water distribution must be determined. Currently, each of the agencies has its own distribution system, therefore it would be desirable to utilize the existing infrastructure to convey water from the proposed treatment plant to the three agencies. Another method of distribution to the agencies would be to utilize the existing storage reservoirs, and convey water directly from the desalination facility to each Desalination Water Study/Chapter 2 Project No. 0232.506.041 2-5 January 2006 Draft agency's storage tanks. This would minimize the pumping requirements at the desal plant because the water would only need to be discharged at atmospheric pressure rather than meet the pressure currently seen in the distribution system. 2-5 OPERATION & MAINTENANCE Having three separate water agencies "share" the proposed desalination facility creates the need for outlining the operations and maintenance issues that may be encountered upon construction of the facility. The South San Luis Obispo County Sanitation District was formed by the same three agencies, the City of Arroyo Grande, City of Grover Beach, and the Oceano CSD. Therefore. operation of the proposed desalination facility should similarly reflect the operation of the existing SSLOCSD. Preliminary conversations with SSLOCSD staff indicate that operation of a desal plant at the SSLOCSD site, overseen by SSLOCSD personnel, is preferred over other options that require entry of outside staff to operate and maintain the plant. Each participating agency receiving water from the desalination facility would contribute their share of the costs to the SSLOCSD in return. Desalination Water Study/Chapter 2 Project No. 0232.506.041 2-6 January 2006 Draft CHAPTER 3 TREATMENT TECHNOLOGY This chapter outlines the process schematic for a RO desalination facility and provides a discussion on the individual processes which make up a RO desalination plant. Specific treatment technologies and membrane filter assemblies for the proposed South County desalination plant will be discussed towards the end of this chapter. 3-1 DESALINATION SCHEMATIC Desalination technologies can be broken down into two broad categories: thermal distillation and reverse osmosis (RO). Reverse osmosis is the most common technology used for desalination of seawater in California, therefore this report assumes the design and construction of a RO plant as opposed to a thermal distillation plant for the South County agencies. RO uses high pressure to separate water and salts by allowing some of the feedwater to move through a membrane, which blocks the passage of dissolved salts, thereby producing desalted water while leaving a concentrated salt solution behind. Figure 3-1 presents a simplified diagram of a desalination system. Raw water is pretreated prior to entering one or more parallel desalting process trains. Desalination product water typically receives post-treatment, as it has a tendency to have a low pH and is fairly corrosive, before it is pumped to the distribution system. The salts and other residuals separated out of the feedwater in the desalting process are discharged to waste in the concentrate (brine). In some applications, the concentrate (brine) may require treatment prior to discharge. D ~ D ~ n Intake Wells Pretreatment: Chemical Addition: Cartridge Filters Anti-sealant ~ n ~ RO Membrane ~ LQ System Feed Pump: Chemical Addition: 1()()()..1200 psi AntJ..scalant !. ~ To Oceano. Grover Beach & Arroyo Q Grande Distribution Systems Product Water Booster Pump Figure 3-1. Desalination Process Schematic Desalination Water Study/Chapter 3 Project No. 0232.506.041 3-1 January 2006 Draft 3-2 TREATMENT TECHNOLOGY The following sections outline the proposed treatment processes and technologies expected for a desalination facility at the SSLOCSD WWTP. Because the source water quality has not yet been defined, actual design of the treatment processes can not be completed, however the following provides a good overview of the required system components based on some basic assumptions. 3-2.1 Intake Structure As described in Chapter 2, it is assumed that the South County desalination facility will consist of a subsurface intake structure of some kind. Subsurface intake structures may consist of horizontal or vertical beach wells, infiltration galleries, or seabed filtration systems. In each of these situations, open seawater is separated from the intake by a geologic unit (such as sand or rock). In addition to providing natural filtration, this design is capable of separating most marine organisms from the water intake, minimizing environmental impacts. Beach wells typically consist of a non-metallic casing, well screen, and vertical turbine pump. It is preferabie to locate beach wells as close to the coastline as possible. Maximum yield from beach wells range from 0.1 to 1.0 MGD, therefore several wells would be necessary to yield 2 MGD product water from a South SLO County desalination facility. 3-2.2 Pretreatment Pretreatment can be defined as conditioning the raw water so that it does not foul or damage components of the RO membranes. Pretreatment is also used to reduce maintenance of the membranes and desalination equipment. The goals for pretreatment are to lower particulate matter (lower TSS), scaling potential, biological activity, and the concentration of heavy metals. Membrane technologies require the removal of all particles larger than 10 micrometers, therefore a cartridge filter with removal rating between 1 and 10 micrometers is typically used as pretreatment for RO desalination facilities. Cartridge filters use a filter mesh to remove particles. While some cartridge filters can be backwashed, most are disposable and the filter mesh is replaced once head loss through the filter reaches excessive levels. In addition to a cartridge filter, desalination facilities typically require some sort of anti- scalant to protect the membrane surface. Since desalination facilities operate by separating water molecules out of the feedwater and leave dissolved solids in the concentrate, the dissolved salts (ions) can become concentrated and join with other ions to form a precipitate, such as calcium carbonate. The precipitate will often form a scale on the membrane surface which will reduce. the effectiveness of the desalination process. A common pretreatment technique for preventing the formation of scales on the membrane surface is the addition of acid to reduce the alkalinity of the raw water. Biological matter in the feedwater will also have a tendency to foul the membranes by clogging the surface or attaching to desalination equipment. Because the desalination process typically concentrates the biological matter and provides an ideal environment for growth, it is desirable to remove or kill the biological matter in the pretreatment process. Pretreatment techniques' for the removal/inactivation of biological activity usually involves the addition of chlorine or ozone. However, addition of chlorine and/or ozone also have a tendency to harm the RO membranes. Therefore, if chlorine is used to kill biological matter, a dechlorination step must be added prior to the RO membrane treatment. Desalination Water Study/Chapter 3 Project No. 0232.506.041 3-2 January 2006 Draft 3-2.3 Membrane Treatment The RO process uses a semipermeable membrane to separate dissolved ions and water molecules. A feedwater pump elevates feedwater pressure based on the water's dissolved solids concentration, desired recovery, and specific membrane performance. Typical RO feed pressures range from 800 to 1200 psi for seawater and 100 to 600 psi for brackish water. , RO membranes are assembled in pressure vessels containing 1-7 spiral-wound membrane elements. The vessels are placed in series or in parallel to produce the desired amount of product water. Usually, the vessels are arranged in parallel to form a "stage". The concentrate from the first stage can be fed to additional stages to produce the desired result for the system. An altemative RO configuration is a 2-pass system, where the permeate from the first pass is fed to a second RO pass for further TDS removal. This is typically only done in seawater applications, as one pass is sufficient for most brackish water applications. An assembly of vessels is called a train. One of the most important factors when evaluating an RO system for design is the flux. Flux is defined as the rate at which water molecules move through the membrane. Flux is generally expressed as gallons per day! per square foot (gfd). Water flux is the measure of the membrane productivity. The amount of pressure required to force a given amount of water across a membrane is called specific flux, expressed as gfd/psi. The specific flux of a membrane is a significant factor in determining the cost to produce drinking water using a particular membrane. As flux decreases, production rate also decreases however quality improves. Therefore, the lower the flux, the less drinking water is produced. Operations and maintenance of RO membrane systems can be fairly automated, which helps reduce operating costs. RO systems do require a "settling in" period during start- up. Each train can be started and stopped periodically, however care must be taken to prevent damage to the RO system. Chemical cleaning of the membranes is required as the feedwater channels become fouled. Eventually, the membrane elements require replacement if cleaning does not yield acceptable membrane performance. 3-2.4 Post-Treatment Post-treatment is conditioning of the water for its ultimate use, drinking water. The basic requirements for drinking water are that it contain no objectionable taste or odor, that it be non-corrosive and that it be properly disinfected. Sometimes, membrane processes allow the gasses dissolved in the feedwater to pass through to the product water. These gasses can produce an undesirable taste or odor in the finished water. The most common process for removing these gasses is forced draft degasification. All desalination technologies produce water with very low alkalinity, which leaves an unstable, generally low-pH water which is corrosive and objectionably soft. Post- treatment techniques for stabilizing product water are to add caustic soda or lime to increase pH and alkalinity. Care must be taken when using chemicals for post-treatment since product water may be blended with water from other sources in the distribution system. Following pH adjustment, drinking water must be disinfected to assure that no Desalination Water Study/Chapter 3 Project No. 0232.506.041 3-3 January 2006 Draft biological contamination is present in the product water and to maintain an adequate level of disinfectant in the distribution system. 3-3 SOUTH COUNTY DESALINATION FACILITY Several manufacturers of desalination equipment are available, however the basic RO membrane systems for desalination are very similar. For specific preliminary design of an RO system for the proposed South County plant, Koch Membrane Systems was contacted. Koch Membrane Systems have been producing seawater RO systems for over 20 years and have RO systems on the shores of every continent (including Antarctica). Koch Membrane Systems have produced a Seawater Desalination Guide and ROPRO computer software program to help design the various aspects of a seawater desalination plant. Using the Guide and ROPRO software program, the following desalination system was compiled. 3-3.1 Pre and Post Treatment Koch Membrane Systems has found that, as a general rule, efforts to minimize the amount of pretreatment chemical addition to the feedwater stream are worthwhile. Experience in the desalination and RO field has proven that more operational problems occur due to the over-use and interaction of pretreatment chemicals than any other treatment process. However, in some instances, pretreatment chemicals may be necessary to enhance the performance of the RO membranes depending on the source water quality. Based on the preliminary design of the RO membrane system and the assumed quality of the source water from beach wells, an antiscalant would be beneficial for pretreatment at the South County desal plant. Typically, an acid solution such as sulfuric acid, can be - '. used to effectively prevent scaling on the RO membranes. It should be noted that the reduction of feedwater pH with the addition of an acid antiscalant will increase the rate of corrosion, therefore materials of construction should be carefully selected. According to the ROPRO software program, permeate water from the RO treatment process will require both pH adjustment as well as chlorine addition prior to distribution for potable water use. Both chemical additions for posttreatment can be accomplished with in-line mixers therefore posttreatment infrastructure should be minimal. 3-3.2 Membrane Desiqn Based on the ROPRO membrane design program, a desalination plant sized to serve the South County agencies would need to be a two-pass design. That is, once the feedwater is sent through the RO membrane, a portion of the permeate flow will need to take a second pass through another membrane filter in order to meet the desired product water quality. Using an approximate flux rate of 10 GFD, the array recovery of the preliminary design is 45% (assuming a fouling allowance of 15%) for the first pass. Because the second pass uses product water from the first pass through the membranes, the recovery can be elevated to 85% as the flux is increased to 23 GFD. In summary, the South County desal plant would require 100 membrane banks (using 7 elements per bank) for the first pass and 15 membrane banks for the second pass. A summary print out of the ROPRO program can be found in Appendix H. Desalination Water Study/Chapter 3 Project No. 0232,506.041 3-4 January 2006 Draft According to Koch Membrane representatives, the proposed desal plant would require a building approximately 100' by 50' to house the entire RO membrane treatment system. Figure 3-2 is a schematic representation of the proposed building at the SSLOCSD WWTP site. As can be seen from the figure, the WWTP site should be able to accommodate the RO membrane system with minor modifications to the landscaping and other site facilities. Design of the plant should include chemical storage for pre and post treatment chemicals as well as vehicular access around the building. " Desalination Water Study/Chapter 3 Project No. 0232.506.041 3-5 January 2006 Draft f! I 1 P i7 I ~!~~C(~ " ~ ~ , , \ ~Lu f, /,'"\ iS~ ^o,/,JII <> '>.t::(!):::> , ~J!'; t en tI) " ~ , ~ ; , "\~ ~; ~/ . /il#'~C /"~"~ ~ ' I' ; i'" II"" i'"" I' Y" I" "I " ;.., " "I" " ~"- ',I ~, ') ~ '/'''-.. ' " /" " y " " I , ~/ ~ , " "I"" "I )" " y " " "V ~/, ~ 'I" "I )" ",,) 'I" Y " " , ~ ~'-./ I II \ I f . I!i!! If r;;iS I~ ~~ f2 ~, ~/ " " " " " " / \ "' '<t-~ ~ 9 ~ ~~~~~ ~ (;) Lu -- ~ ". >-: .: <.::. co ~ ~ ~ l.u "'0 ~ ~ I=! ~ -,. C':I Q C!i '" <( () ~ A. Z iON::> Z .0 CiM() Q..IWO -a:: a. 11):;):;)(1) UlIlIooo 00-0 ..I a:: II. (I) II) _ II) ::> --I z <( (I) ~ w . 3 ~ ~ m li:i5 !! ~ 2 g. lii (f) .... il e ~ ~ ~ !y 8 a? 5 ~ ~ i W--' 101.0 . 1.0 Z 0 CJ ~ ;~~~~ Q,. :> 1i1 \j w ~ ~ CHAPTER 4 PERMITTING AND ENVIRONMENTAL CONSIDERATIONS The evaluation process to determine an appropriate desalination treatment technology must also include the regulatory factors such as water quality standards, environmental concerns, and concentrate disposal, that should be anticipated for the construction project. This chapter focuses on the regulatory and environmental considerations associated with the desalination facility. 4-1 REGIONAL WATER QUALITY CONTROL BOARD The Regional Water Quality Control Board (RWQCB) is the state agency which has authority over the protection, enhancement, and restoration of California's water resources. The RWQCB is the authority which governs over disposal of water and wastewater from the SSLOCSD's ocean outfall. The SSLOCSD is given permission to discharge treated wastewater through their existing ocean outfall based on an NPDES permit issued by the RWQCB. The SSLOCSD currently operates under NPDES Permit No. 99-32. According to the permit, the treatment plant has the following design capacities: Average Dry Weather Flow: 5.0 MGD Peak Wet Weather Flow: 9.0 MGD According to conversations with RWQCB staff, utilization of the SSLOCSD's existing ocean outfall for disposal of brine from a proposed desalination facility would require a revision of the existing NPDES permit. Revision of the NPDES permit would involve the preparation of a Report of Waste Discharge (ROWD), including a section of the report describing how the addition of brine being discharged through the ocean outfall would affect the dilution factor currently established by the Board for the SSLOCSD facility. The dilution factor that is currently stated in SSLOCSD NPDES Permit No. 99-32 is 165:1 (seawater:effluent) based on an average flow of 6.75 MGD. Due to the difference in chemical composition of freshwater to seawater, ocean outfall disposal points have a tendency to create turbulent conditions within the seawater. To minimize this effect, the RWQCB has a limitation on the dilution factor used for disposal of treated effluent into the ocean. Based on calculations in the State Water Resources Control Board California Ocean Plan (Appendix D), alterations to the chemical composition of water being discharged will possibly alter the turbulence currently seen at the SSLOCSD ocean outfall location. It should be assumed, however, that the addition of 2.0 MGD of brine into the existing average 6.75 MGD flow of treated wastewater from the SSLOCSD and Pismo WWTP will aid in dilution of the brine while lowering the buoyancy of the treated wastewater. Therefore, it is not expected that the addition of brine from the proposed desalination facility will cause unwanted outcomes for the existing outfall. Upon submittal of a ROWD to the RWQCB, the Board will review the report and return comments and/or questions within 6 months. The application and instructions for completing a WDR can be obtained from the State Water Resources website (http://www.waterboards.ca.qov/centralcoastlApplications/index.htm). A sample applica- tion (Form 200) has been included in Appendix E of this report. As part of the permit Desalination Water Study/Chapter 4 Project No. 0232.506.041 4-1 January 2006 Draft process prior to issuance of the revised NPDES Permit, the CEQAlEIR process must be complete. 4.2 COASTAL COMMISSION The California Coastal Commission plans and regulates the use of land and water in the coastal zone. Development activities are defined by the Coastal Act and include construction of buildings, divisions of land, and activities that change the intensity of use of land or public access to coastal waters, generally require a coastal permit from either the Coastal Commission or the local government. The Coastal Act includes specific policies that address issues such as shoreline public access and recreation, terrestrial and marine habitat protection, visual resources, landform alteration, agricultural lands, commercial fisheries, industrial uses, water quality, offshore oil and gas development, transportation, development design, power plants, ports, and public works. The policies of the Coastal Act constitute the statutory standards applied to planning and regulatory decisions made by the Commission and by local governments, pursuant to the Coastal Act. The coastal zone is specifically mapped by the Legislature and varies in width from several hundred feet in highly urbanized areas up to five miles in certain rural areas. Offshore, the coastal zone includes a three-mile-wide band of ocean. Because the installation of a desalination facility at the SSLOCSD would be within the coastal zone, a permit from the. Coastal Commission will be required prior to construction. Permit applications can' be obtained from the California Coastal Commission website (www.coastal.ca.Qov); a copy of the application is included in Appendix F. According to the Commission, once an application has been submitted, the Commission will review the application for completeness and return initial comments/questions within 30 days. In conversations with Coastal Commission staff, it is important that permit applicants meet the requirements set forth in Chapter 3 of the California Coastal Act. To ensure compliance with all sections of the Coastal Act, it is recommended that preliminary design and engineering of the proposed desalination facility be developed in conjunction with Coastal Commission staff and that close communication between Coastal Commission staff be maintained throughout the project. The Coastal Commission has recently developed a publication, Seawater Desalination' and the California Coastal Act. March 2004. This publication was developed in response to the growing interest and concern about seawater desalination along the California coast. Because there are approximately two dozen desalination facilities currently proposed for California, the Coastal Commission prepared this report to address proposed state, federal, and local desalination initiatives, along with outlining the Coastal Commission's perspective role in the design, construction, and implementation of desalination facilities in California. The following is a brief summary of the findings from the March 2004 report: . Each proposed desalination facility will require case-by-case review. That is, because each facility has unique design, siting, and operating characteristics, different Coastal Act policies are likely to apply differently to each one. This will require case-by-case review to determine Coastal Act conformity, adverse impacts, and the measures necessary to avoid and mitigate for those impacts. Desalination Water Study/Chapter 4 Project No. 0232.506.041 4-2 January 2006 Draft . Coastal Act policies do not suggest overall support of, or opposition to, desalination. The Coastal Act allows many types of development to occur within the coastal zone, as long as they conform to Coastal Act policies. Properly designed and operated desalination is one of these types of development. . The most significant potential indirect adverse impacts are likely to be those associated with growth-inducement. Review of coastal desalination facilities will likely need to assess whether the water supply provided by the new facilities comes with assurances that the resulting growth will not exceed the capacity of coastal resou rces. . The most significant potential direct adverse environmental impact of seawater desalination is likely to be on marine organisms. This impact is due primarily to the effects of the seawater intake and discharge on nearby marine life; however these effects can be avoided or minimized through proper facility design, siting, and operation. Tables 4-1 and 4-2, extracted from the Coastal Commission's March 2004 publication, are listings of existing and proposed desalination facilities along the California Coast. Existing coastal desalination facilities are relatively small and can produce up to a maximum of 3,300 acre-feet per year. Total output of proposed facilities would be about 260,000 acre-feet per year, which represents roughly an 80-fold increase in production. a e - . XIS 1n9 esa Ina Ion aCllles on g e a I ornJa oas Maximum Operator Public/Private Capacity Statu s (AFY) Chevron/Gaviota Private 460 Active City of Morro Bay Public 929 Active City of Santa Barbara Public N/A Inactive Duke Energy/Morro Bay Power Private 482 Not Known Plant Duke Energy/Moss Landing Power Private 537 Active Plant Marina Coast Water District Public 335 Active Monterey Bay Aquarium Non-Profit 45 Active PG&E/Diablo Canyon Public 645 Not Known Santa Catalina Island Private 148 Not Known US Navy/Nicholas Island Government 27 Not Known Offshore gas & oil platforms Private 2-33 Active Total Production Approx 3 MGD 13300 Acre-Feet per Year T bl 4 1 E . f D r f F Tf AI 'th C I'f . C t* "Table extracted from Seawater Desalination and the California Coastal Act, California Coastal Commission March 2004. Desalination Water Study/Chapter 4 Project No. 0232.506.041 4-3 January 2006 Draft Table 4-2. Proposed Desalination Facilities Along the California Coast Operator/Location Maximum Capacity (AFY) Cambria Community Services District 560 Ocean View Plaza/Monterey 6 Carmel Area Wastewater District Not Known City of San Buenaventura Not Known City of Sand City 30 City of Santa Cruz 2,800 East-West Ranch/Cambria Not Known ; , Marina Coast Water DistricVFort Ord 3,000 Long Beach 335 Long Beach Water Dept. 11,000 Los Angeles Dept. of Water and Power 11,000 Monterey Bay Shores 22 Monterey Peninsula Water Mgmt. 8,400 DistricVSand Citv Cal-Am/Moss Landing Power Plant 10,000 Municipal Water District of Orange 30,000 Countv/Dana Point Poseidon Resources/Huntington Beach 55,000 San Diego County Water Authority/San TBD Onofre Nuclear Generatina Station San Diego County Water Authority/South 55,000 County San Diego county Water Authority & 55,000 Poseidon Resources/Carlsbad US Navy/San Diego 780 West Basin Municipal Water District 22,000 Total Proposed Production 260,000 AFY "Table extracted from Seawater Desalination and the California Coastal Act, California Coastal Commission March 2004 4-2.1 Coastal Act Review As part of a desalination permit application to the California Coastal Commission, an applicant should be prepared to describe and evaluate the existing conservation measures being implemented in a proposed service area, whether there are Desalination Water Study/Chapter 4 Project No. 0232.506.041 4-4 January 2006 Draft comprehensive conservation plans or water use reduction plans in place, the effectiveness of such measures to reduce overall water consumption, and additional feasible measures that could reduce impacts associated with a proposed desalination facility. Coastal Act review will also generally evaluate a proposed project to determine whether there are alternative versions of the project that may be less environmentally harmful. Not only are alternatives and mitigation measures required to be feasible, but for some Coastal Act policies, all feasible alternatives and mitigation measures must be implemented. Review of a desalination proposal, therefore, will likely require an alternatives analysis to identify whether there are other feasible alternatives that better conform to Coastal Act requirements, and an assessment of mitigation measures available to avoid or reduce its impacts. Some of these items may be included as part of the Environmental Impact Report, also required as part of the planning process for a desalination facility (described below). 4-3 ENVIRONMENTAL IMPACT REVIEW In addition to a RWQCB ROWD, and Coastal Commission Permit Application, the construction of a new desalination facility will involve the completion of an environmental impact review (EIR) during the planning process of the desalination facility. As discussed in Section 4-2, Chapter 3 of the California Coastal Act outlines many environmental issues that must be considered in the design of a desalination facility. The following is a general list of environmental considerations for a proposed desalination plant: . Construction . Energy Use . Air Quality . Marine Environment . Increased Development . Other Coastal Zone Issues (geologic hazards, navigation, cumulative effects, etc.) These impacts and potential mitigation measures are discussed below. 4-3.1 Construction Construction activities could result in several types of coastal zone impacts, including: air emissions, disturbance of dune, surf zone, and seafloor ecology, disturbance to seabirds, marine mammals, other land and marine species and their habitats, among others. Significant construction impacts could also occur away from the desalination plant site if long pipelines are needed for seawater intake or for distribution of product water must be built. Potential mitigation measures of construction activities associated with desalination include: . Minimize the number and length of pipelines and power transmission lines . Site pipeline routes to minimize impacts to sensitive areas . Site plants in locations where existing intake or outfall structures may be used or minimize the size of new seawater intake and outfall structures . Incorporate mitigation measures commonly required for construction activities Desalination Water Study/Chapter 4 Project No. 0232.506.041 4-5 January 2006 Draft Because the proposed desalination facility for the South County agencies will be located at an existing wastewater treatment plant, utilizing a common disposal outfall for brine disposal, construction impacts associated with the new facility should be considered minimal. 4-3.2 Enerqv Use Desalination plants require significant amounts of energy for their operation. Section 30253 (4) of the Coastal Act requires that new development minimize energy consumption. Therefore, the development of a new desalination facility should incorporate means to conserve energy or reduce energy use. One method for reducing energy use is by employing energy recovery. In the case of reverse osmosis (RO), energy is recovered by converting hydraulic pressure in the brine to electricity or by transferring this energy to the feed water. Mitigation measures associated with the reduction of energy use are as follows: . Preference for desalination technologies and plant designs that reduce energy consumption . Use renewable energy resources . Site the proposed plant near power plants capable of cogeneration As discussed in Chapter 3, design of a desalination facility at the SSLOCSD should include consideration of energy recovery. In addition to saving energy for the purpose of environmental preservation, energy recovery could contribute to a cost savings for operation of the desalination plant over time. 4-3.3 Air Qualitv New development along the coast should be consistent with requirements imposed by an air pollution control district or the State Air Resources Control Board. In general, desalination plant air emissions consist of discharges from the degassifier in RO facilities along with the air emissions produced as a result of increased energy use. Therefore, proposed plants should include consideration of measures to offset air emissions from energy production. Potential mitigation measures: . Compliance with local Air Pollution Control District and State Air Resources Board standards . Preference for reduced energy use . Use of alternative energy sources to minimize air emissions It is not anticipated that an RO desalination facility at the SSLOCSD site will contribute an above-average quantity of air emissions, consistent with local air pollution standards. However, design of the facility should include consideration of energy reduction mitigation measures, so as to reduce the amount of air emissions resulting from increased energy use, as described in Section 4-3.2. Desalination Water Study/Chapter 4 Project No. 0232.506.041 4-6 January 2006 Draft 4-3.4 Marine Environment The topic of environmental considerations on the marine environment corresponding to the construction of a desalination facility is extensive. Therefore, this topic will be discussed briefly in this report. For additional resources on this topic, please see Appendix G. The following is an outline of some of the potential impacts on the marine environment due to construction and operation of a desalination facility along the coast: Disposal of cleaning products (such as chlorine or other biocides) to clean pipes and other equipment are hazardous to marine resources, therefore they are not allowed to be discharged directly into the ocean and would have to be neutralized before discharge. The use of coagulant (such as ferric chloride) for pretreatment often creates a sludge that must be disposed of. Options for disposal of coagulants include removal of the larger sludge particles for transport to a landfill or treatment at a wastewater treatment plant. Anti-sealants are also used to remove scales that form on the plant's interior. Most anti-sealants are not hazardous to marine resources, however careful consideration of the quantity being discharged should be noted. In general, discharges from desalination plants may have the following types of potentially adverse qualities: Salt concentrations above those of the receiving waters (seawater salt concentration is about 35,000 ppm; desalination plants discharge brine with 46,000 to 80,000 ppm). Salt concentrations may be reduced by mixing desalination plant discharges with other discharges, such as wastewater. . Temperatures above those of receiving waters . Turbidity levels above those of receiving waters . Oxygen levels below those of receiving waters . Chemicals from pretreatment . Chemicals used in flushing the pipelines and cleaning the membranes in RO plants . Chemicals used to preserve the RO membranes . Organics and metals that are contained in the feed water and concentrated in the desalination process . Metals that are picked up by the brine in contact with plant components and pipelines. In addition to desalination plant discharges, impacts associated with plant intake facilities should also be considered. Intake of water from the ocean usually results in loss of marine life. The intake of feed water can also affect marine resources by altering natural currents in the area of the intake structure. The use of beach wells or infiltration galleries will help minimize these impacts, however these intake methods have not been extensively used in California. For this study, use of beach wells may be the most desirable method from an ecological standpoint. 4-3.5 Increased Development The construction of desalination plants to meet water supply needs in the state may result in growth-inducing impacts. Limited water is often the major constraint to Desalination Water Study/Chapter 4 Project No. 0232.506.041 4-7 January 2006 Draft development in many parts of the coast. Therefore, new desalination projects in coastal areas could lead directly to new development and a resulting increase in population migration to coastal areas. New development served by the plant could in turn interfere with long term regional goals for growth control. Potential mitigation measures to minimize growth-inducing impacts are as follows: · Community wide water conservation and reclamation measures to reduce the need for new water projects . Siting of plants near existing seawater intake facilities . Siting of plants near existing energy sources and distribution systems . Siting of plants near existing fresh water distribution mains to distribute the product water . Sizing of the plant capacity to be commensurate with the planned level of development authorized by the certified LCP for the area . Coordination of project approval with regional growth management goals Because the proposed desalination facility for South San Luis Obispo County agencies meets each of these mitigation recommendations, impacts associated with growth- inducement have already been considered in part of the planning process. A desalination facility a the SSLOCSD WWTP is near existing facilities, will utilize existing distribution mains, and sizing of the plant commensurate with local water master plan reports prepared for each of the agencies. Desalination Water Study/Chapter 4 Project No. 0232.506.041 4-8 January 2006 Draft CHAPTER 5 LIFE CYCLE COST ANALYSIS The following chapter presents the cost estimate generated for a possible desalination facility at the SSLOCSD WWTP site. The costs were developed based on engineering judgment, confirmed bid prices for similar work in the Central Coast area, consultation with vendors and contractors, established budgetary unit prices for the work, and other reliable sources. Hard construction costs are escalated by a factor of 1.4, to allow budget for "soft costs" that include preliminary engineering, engineering, administration, construction management and inspection costs. All costs are expressed in Year 2005 dollars. In the future. project costs should be escalated usinq an ENR Construction Cost Index of 7647 December 2005 (current costs) relative to future construction cost indices. 5-1 CAPITAL COSTS Capital costs for a desalination facility at the SSLOCSD WWTP must include the following: 5-1.1 Seawater I ntake Structure It is recommended that the intake structure for the SSLOCSD desalination plant consist of a subsurface seawater intake structure, such as a beach well or infiltration gallery. Such structures minimize impaling aquatic life, and reduce pre-treatment requirements. The cost of this structure is estimated to be about $100,000 per well and it is expected that 4 or more wells will be required to yield 2 MGD product water at 45% recovery. 5-1.2 Intake Pipinq to the SSLOCSD plant from the ocean intake wells In addition to the intake structure, intake piping will be required to convey source water to the SSLOCSD location. Due to the location of the SSLOCSD plant and the neighboring community/lagoon, it is anticipated that intake piping will need to be installed in county right-of-way through the ocean-side community of Oceano. While a detailed design of the intake piping alignment is outside the scope of this study, it is estimated that the length of intake piping will consist of approximately 1 mile (5280 linear feet). 5-1.3 Maintenance Buildinq to house membrane svstem and chemical storaqe facilitv As discussed in Chapter 3, the RO membrane system will consist of 100 banks of 7 membrane elements. Each membrane element is 8-inches in diameter and 60 inches long. The membrane elements can be stacked by bank, therefore 100 banks of 5-feet tall groups of seven vessels would need to fit inside the membrane building. According to Koch Membrane staff, a building approximately 100 feet by 50 feet should accommodate the 2300 AFY facility. 5-1.4 Desalination membrane infrastructure skids & membrane cartridqes Koch Membrane elements are individually manufactured and each model is individually priced according to the element length and membrane material. According to the ROPRO software, the South County desal plant would need 100 banks of the 7 -element TFC 2822SS-300 membranes for the first pass and 15 banks of the 7-element TFC 8822HR-400 membrane. These unit costs are shown in Table 5.1. Desalination Water Study/Chapter 5 Project No. 0232.506.041 5-1 January 2006 Draft 5-1.5 Brine Disposal Svstem Disposal of concentrate from the RO process will need to be configured with the existing ocean outfall utilized by the SSLOCSD and Pismo WWTPs. Costs for the brine disposal system will be associated with matching the existing pumping requirements for the outfall pipe and the linear footage of pipe to convey brine from the RO building to the outfall location (approximately 400 feet). 5-1.6 Pretreatment Cartridqe Filters The cartridge filters required for pretreatment will need to be included in the overall construction cost for the desal system. The cartridge membrane sizelrating will depend on the actual source water quality. It is assumed a mesh rating of 1-10 micrometers will be sufficient for the SSLOCSD desal plant. 5-1.7 EIR and Permit Fees Preliminary design and planning costs are difficult to estimate for a project of this caliber, therefore a 40% budget has been added to the overall construction cost to account for "soft costs"/associated with the desal project. In addition to this assumed design fee, a cost for the environmental review and permit fees should be included as part of the capital expense of the desalination life cycle cost. 5-1.8 Pumps Several pumps will be required in the overall desalination system. Pumps will be required for the intake wells, feed pumps will be required to push feedwater through the membranes, and distribution pumps will be required to deliver water from the SSLOCSD site to each agencies distribution system. 5-2 OPERATIONS AND MAINTENANCE Operations and maintenance of the desalination facility will include energy cost associated with the pumping facilities (intake wells, feedwater pumps, and distribution pumps), as well as chemical and labor costs for plant operation. The costs for these were extracted from the Koch Membrane Systems cost-estimating program tied to the ROPRO software program used to size the membrane system. A print out of the ROPRO sizing for the South County desal plant can be found in Appendix H. Here, the approximate energy cost and chemical dose required for the two-pass membrane system can be found. Desalination Water Study/Chapter 5 Project No. 0232.506.041 5-2 January 2006 Draft Table 5-1. Desalination Life Cycle Cost Analysis Quanti Unit I Unit Cost ITotal Cost Canltal Intake Structure welllpumps 1 LS $500,000.00 $500,000.00 Intake Piping 12-inch 5280 LF $300.00 $1,584,000.00 Building 100'x65' 6500 SF $200.00 $1,300,000.00 TFC2822SS-300 700 EA $750.00 $525,000.00 Desai Membranes TFC8822HR-400 105 EA $625.00 $65,625.00 Membrane Train Infrastructure 1 LS $500,000.00 $500,000.00 Feed Pump 1200psi 2EA $75,000.00 $150,000.00 Product (booster) Pump :1 1 EA $15,000.00 $15,000.00 Distribution Piping :1 Oceano(7000); GB(10000 26000 LF $200.00 $5,200,000.00 Disposal Pump/Piping 1 LS $150,000.00 $150,000.00 Cartrid"'e Filters 'Pretreatment\ 1 LS $250,000.00 $250,000.00 I Subtotal $10,239,625.00 40% soft cost $14,335,475.00 , , 1 LS $200,000.00 $200,000.00 EIR " Permit Fees 1 LS $100.000.00 $100,000.00 Subtotal $14,635,475.00 20'%1 Contingency $2,927,095.00 lTotal Capital Cost $17,562,570.00 O&M , TFC2822SS-300 700 EA $750.00 $175,000.00 Membrane Replacement (3 yr warranty) TFC8822HR-400 105 EA $625.00 $21,875.00 Anliscalant 12000 Ibs $1.50 $18,000.00 Chlorine (hypochlorite) 6000 gallons $0.50 $3,000.00 Chemical Addition " pH Adjustment (lime) 270000 Ibs $0.05 $13,500.00 I Feed Pump 2062 kwh $0.15 $2,636,020.00 , i Interpass Pump 130 kwh $0.15 $168,705.00 I Distribution Pump 342 kwh $0.15 $449,880.00 Energy Cost I Intake (well) pumps 1000 kwh $0.15 $1,000,000.00 Cartridge Filler Replacement 1-10 micrometer 1 LS $10,000.00 $10,000.00 Labor I 1.5 $65,000.00 $97,500.00 Routine O&M I 1 $100,000.00 $100,000.00 ITotal O&M Cost $4,495,980.00 i 20- ear life Cvcle Cost i Capital I $17,562,570.00 $1,657,730.98 Annual O&M :1 $4,495,980.00 $4,495,980.00 I Subtotal $6,153,710.98 I , , , Per Acre-Foot $2,675.53 --, Desalination Water Study/Chapter 4 Project No. 0232.506.041 5-3 Janua!)' 2006 D<aft CHAPTER 6 SUMMARY This chapter presents a summary of the findings for the feasibility of constructing a desalination facility at the SSLOCSD WWTP for the South Count water agencies of Arroyo Grande, Grover Beach, and Oceano. 6.1 DESALINATION FACILITY OVERVIEW As requested, the South County agencies would require approximately 2300 AFY (2 MGD) of supplemental water to meet build-out requirements. To minimize impacts on the coast, the desalination facility would be located at the SSLOCSD WWTP. Site availability at the wastewater treatment plant is limited, however an area approximately 150 feet long by 100 feet wide is available adjacent to the existing standby power facility (see Figure 3-1). The SSLOCSD WWTP currently maintains an ocean outfall for disposal of wastewater treatment plant effluent. The outfall line is designed for a maximum capacity of 16 MGD. The SSLOCSD WWTP shares capacity of the outfall with Pismo Beach. The combined peak wet weather flow through the outfall is currently 14 MGD, therefore approximately 2 MGD capacity remains available in the existing outfall line. It is assumed that the remaining capacity would be sufficient for disposal of brine from a 2 MGD desalination facility at the SSLOCSD location, however an evaluation of the condition of the pipeline should be performed to determine actual hydraulic capacity. As discussed in Chapters 2 and 3, several source water intake alternatives are available for design of a desalination plant. Being that brackish water wells in and around the SSLOCSD site would most likely pull from the Arroyo Grande groundwater basin, it is assumed that the beach well approach will have the least amount of impact on the surrounding groundwater sources as well as minimize influence on the marine environment. The approximate yield of beach wells is 0.1 MGD to 1.0 MGD, therefore 3 or 4 wells would be necessary to supply source water to the South County oesalination plant. Several desalination methods are available to reduce the TDS concentration of seawater. For California, the most widely used technology is reverse osmosis (RO). Reverse osmosis is typically cheaper in energy cost and is easier to operate than other desalination methods. A preliminary design of an RO membrane system for a 2 MGD desalination facility at the SSLOCSD WWTP was prepared according to the ROPRO software from Koch Membrane Systems. According to the system design, the desalination plant would need to be a two-pass system to meet drinking water quality standards. The first pass would require 100 banks of the 7-element membrane and the second pass would require 15 banks of the 7-element membrane. According to Koch Membrane staff, a building approximately 100 feet by 50 feet should accommodate the membrane treatment system (see Figure 3-1 for schematic). Distribution of product water to the individual agencies must be accomplished with a booster pump at the SSLOCSD site. Because the RO membranes supply product water at close to atmospheric pressure, additional head will be required to distribute water to each agency's system. Depending on the design, product water can be delivered to Desalination Water Study/Chapter 6 Project No. 0232.506.041 6-1 January 2006 Draft either the distribution system, matching existing system pressure, or to one of the agency's water storage reservoirs. It is assumed that supplying product water to the storage reservoirs would be beneficial since the booster pump would only need to supply water at atmospheric pressure as opposed to a high-head pump to meet existing distribution system pressure. 6-2 PERMITTING OVERVIEW As discussed in Chapter 4, permitting and environmental review of a proposed desalination facility could involve several agencies including the Regional Water Quality Control Board, Coastal Commission, Air Resources Control Board, and the County, among others. Because each of these agencies will most likely require their own permit and approval prior to construction, it is assumed that the permitting and environmental review stage of the process could be fairly extensive. Chapter 8 discusses the timeline expected for CEQA/Environmental Review and permitting. If planning and design of the project were started "today", it is assumed construction of the entire project could take up to seven years. Some of the preliminary design items that would need to be accomplished as part of the planning process are the following: EIR - An environmental review of the proposed desalination facility would need to be accomplished during the planning stage of the project. The environmental review will outline environmental impacts and other impacts that could alter the overall design of the project. An environmental review should be accomplished prior to other permit applications. Regional Water Quality Control Board NPDES permit - While the SSLOCSD currently operates under an existing permit, this permit would need to be changed to include discharge of brine from the desalination plant. An NPDES permit application (Form 200, found in Appendix D) would need to be submitted along with a Report of Waste Discharge. Coastal Commission permit - A permit application from the California Coastal Commission would need to be submitted and accepted prior to construction of the desalination facility. While review of the initial application is proposed to have a 30-day turnaround, the comment and review process is expected to last up to 6 months depending on timing of other permits and approvals. San Luis Obispo County - A building and construction permit from San Luis Obispo County would be required for construction of the proposed plant. In addition, other aspects of the desalination facility, such as distribution piping, the intake piping, and building construction will most likely fall under County authority for planning and design. 6-3 COST Based on the 20-year life cycle cost analysis of a desalination facility at the SSLOCSD plant, the cost per acre foot of desalination water would be approximately $2675/AF. This value includes a 20% contingency and all capital costs were multiplied by a factor of 1.4 to account for soft costs. The cost estimate for the desalination facility can be found Desalination Water Study/Chapter 6 Project No. 0232.506.041 6-2 January 2006 Draft in Table 5-1. According to the estimate, capital cost for the project, including EIR, is approximately $17 million. 6-4 MISCELLANEOUS While a desalination facility would most likely involve a more complicated permitting process than other supplemental water sources, it is one of the few water supply sources that is completely drought-proof. A desalination facility has the benefit of being able to run continuously, twenty four hours per day, seven days per week for constant supply regardless of water shortages throughout the area. Desalination Water Study/Chapter 6 Project No. 0232.506.041 6-3 January 2006 Draft CHAPTER 7 PROPOSITION 50: DESALINATION GRANT FUNDING In November 2002, California voters passed Proposition 50, the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002. This grant program implements Chapter 6(a) of Proposition 50 (Water Code Section 79545(a)), which authorizes the California Department of Water Resources to administer a $50 million desalination program. The grant program aims to assist local public agencies with the development of new local water supplies through the construction of brackish water and ocean water desalination projects and help advance water desalination technology and its use by means of feasibility studies, research and development, and pilot and demonstration projects. 7-1 ELIGIBLE APPLICANTS & PROJECTS To be eligible to receive a grant, at least fifty percent of the total cost of the project shall be met by matching funds or donated services from non-state sources. Applicants who wish to collaborate on a project may elect to use a contractor-subcontractor relationship, joint venture, a joint powers authority, or other appropriate mechanism. Contracts shall be executed with one entity only. The proposal shall clearly indicate who will sign the contract, and who will thereby be responsible for payments, reporting, and accounting. Aqencies and their cooperators subject to the Urban Water Manaqement Planninq Act must have adopted a complete plan in accordance with the Act and submitted it to DWR to be eliqible for this proqram. Eligible projects include brackish water and seawater desalination construction projects, as well as research and development, feasibility studies, pilot and demonstration projects for the development of local potable water supplies. 7-2 AVAILABLE FUNDS The 2006 round of Proposition 50 grants is the second and last cycle of this funding program. This cycle will grant $21.5 million for the Fiscal Year 05/06. The maximum funding limits for each project type are: . Funding Studies ($250,000 per project) . Research and Development ($500,000 per project) . Pilot and Demonstration Projects ($1.5 million per project) . Water Desalination Construction Projects ($3.0 million per project) The applicant is responsible for providing at least fifty percent of the total project cost as matching funds or donated services from non-state sources. Only work performed after the effective date of the contract will be eligible for reimbursement. Funds shall be expended within three years of the award of the grant. If the project exceeds one year in duration, a budget with discrete 12-month periods shall be provided. 7-3 PROPOSAL PREPARATION A complete proposal shall include the following sections in the order presented: Desalination Water Study/Chapter 7 Project No. 0232.506.041 7-1 January 2006 Draft A. Project Information Form B. Signature Page C. Project Summary D. Statement of Work, Section One E. Statement of Work, Section Two F. Statement of Work, Section Three G. Statement of Work, Section Four H. Outreach, Information Sharing, and Environmental Justice I. Qualifications of the Applicants and Cooperators J. Costs and Benefits More information on the proposal preparation and submittal can be found at www.owue.water.ca.qov/recvcle/ 7-4 ANTICIPATED SCHEDULE Final application packages have not been prepared to date. Therefore, the anticipated schedule could change. An updated version ofthe schedule should be available at the website listed above in Section 7-3. . Applications Due February 2006 . Review Process Complete April 2006 . Public workshop to present Draft May 2006 funding recommendation . Final funding decision made May 2006 . Contract negotiations begin June 2006 . Contracts signed December 2006 Desalination Water Study/Chapter 7 Project No. 0232.506.041 7-2 January 2006 Draft CHAPTER 8 IMPLEMENTATION & TIMELINE This chapter outlines the proposed timeline that would be expected for the Desalination supplemental water project. This implementation and timeline incorporates the various aspects of environmental review and permitting, contracts and financing, preliminary and final design, bid phase and construction. 8-1 TIMELlNE The following is a list of key project tasks, listed in the order they would most likely occur. Some of these tasks will overlap during the implementation phase. . Feasibility Study (this report) . Funding Study - 6 months . Agency Agreements - 3 months . Environmental Impact Review (EIR) - 24 months . Detailed Design -10 to 12 months . Permitting (12 to 24 months, in part, concurrent with design) . Bid Phase - 4 months . Construction - 12 months 8-1.1 FundinQ Studv If the City of Arroyo Grande, City of Grover Beach, and Oceano CSD were to reach consensus that the Desalination supplemental water project were to move forward, it is anticipated that this decision would occur at some point following adoption of each respective Council/Board of this feasibility study. It is assumed that this study would be completed and approved in February 2005 by each member agency. The agencies should then expidite preparation and submittal of the Prop 50 application for a funding study for the supplemental water supply project. The Prop 50 grant monies would be used to assist with the expense of a funding study to determine the preliminary design and corresponding financial plan for the project. Based on the Proposition 50 Grant application schedule, an application should be completed and submitted by February 2006, with final funding decisions occurring in May 2006. If grant monies are awarded, the agencies should move forward with the funding study to determine preliminary design and financial plan for the project. As part of the funding study and preliminary design, the agencies will need to send out Requests for Proposals (RFPs) to qualified engineering firms, and select and hire a consultant to perform the funding study. Once selected, the design firm will need approximately 6 months to complete the funding study including preliminary design, approvals from the respective Councils and the Oceano CSD Board. Based on the costs determined as part of the preliminary design study, the agencies will need to prepare a financing plan for the approved project, and also must seek financial approval from respective City Councils and the Oceano CSD Board for funding the project. The funding study will review and identify possible grant and loan options available for the project. Because the preliminary design phase and financial plan can occur simultaneously, a total time frame of 6 months is estimated for the funding study Desalination Water Study/Chapter 8 Project No. 0232.506.041 8-1 January 2006 Draft task. The funding study task would commence following award of Prop 50 grant monies, which is proposed to occur in May 2006. 8-1.2 Aqencv Aqreements In conjunction with the funding study, the participating agencies will need to formalize inter-agency agreements for this project. The estimated time required for the agencies to formulate Agreements to authorize this supplemental project is 3 months. These agreements should be executed prior to award of Prop 50 grant monies in May 2006. 8-1.3 CEQAlEnvironmental Review It is possible that once a preliminary design concept is substantially defined, the environmental review process can begin prior to final approval of preliminary design. However, since the project elements could change during the review process, it is advisable to begin the environmental review process after concurrence from project participants that the project description is firm. Thus, the CEQAlenvironmental review process is anticipated to begin immediately following the approval of the preliminary design. Given the complexity of issues surrounding the Coastal Commission review process, Regional Board permit issues and an updated NPDES Permit, environmental issues associated with a beach well seawater intake structure, and other associated issues, this process is anticipated to take a minimum of 24 months to complete. 8-1.4 Detailed Desiqn The detailed design task for this project is anticipated to require approximately 8 months, following notice to proceed to a qualified consultant. Given that the plant site would be located on the SSLOCSD WWTP property, there are no right-of-way acquisition issues associated with the project. Thus, the first order of business would be the survey and geotechnical tasks for design, followed by utility collection/verification, followed by the process design for the RO plant, supply pipeline and beach well component, brine line and connection to the outfall, and all other plant design related matters. With consultant RFPs and the selection process, the entire design phase is anticipated to take 12 months. It is also recommended that the detailed design phase not commence until such time that the environmental review process is completed. 8-1.5 Permittinq Permitting for the Desalination facility is anticipated to be relatively extensive, and complex. The permitting process will include the following, at a minimum: . Updated NPDES Permit from Regional Water Quality Control Board. This process will take a minimum of 6 months to complete, following preparation and receipt of a Report of Waste Discharge to the Regional Board. It is anticipated that this will require 6 to 9 months to complete. . Coastal Commission Permit. Although the Commission has indicated a 30-day turn-around for review and comrnent on a perrnit application for such a project, it is anticipated that the Coastal Corn mission Permit process will take up to 6 months, following adoption of the Regional Board updated NPDES Perrnit. . There will likely be a nurnber of other permits required for a desalination project of this nature, including possibly the California Department of Fish & Game, US Fish & Wildlife Service, US Army Corps of Engineers, State Department of Health Services, County of San Luis Obispo, and others. Specific permitting Desalination Water Study/Chapter 8 Project No. 0232.506.041 8-2 January 2006 Draft requirements of each and every agency was beyond the scope of this feasibility study; however, planning for a project of this nature should take into account some schedule buffer to allow for permitting delays and unanticipated permit requirements from various agencies. Given the complexity of the permitting process, it is anticipated that 12 to 24 months would be required to complete the permitting process for a desalination plant. 8-1.6 Bid Phase and Construction Once the design phase is complete, and all permits/approvals have been received, the project may be sent out for contractor bids, and then construction may begin. The bidding process, from bid advertisement to bid evaluation and award of contract, generally requires 3 to 4 months. Construction of the Desalination project, including pipelines, intake structure and all other related improvements, is anticipated to require a construction window of 12 months, to allow for contractor mobilization, inclement weather and unforeseen delays, equipment procurement, project construction wrap-up of punch list items, and start-up and testing. 8-2 OVERVIEW OF PROJECT TIMELlNE Since an exact "start" time is not known for this project, we have prepared an overview of the project timeline based on number of months following completion of the feasibility study. The anticipated timeline is summarized in Table 8-1. Table 8-1. Proposed Timeline Begin End Task or Milestone (Months Following Completion (Months Following Completion of Feasibility Study) of Feasibility Study) Feasibility Study NA 0 Agency Agreements 3 6 Funding Study (inc. Planning/Project 3 9 Financinq) CEQAlEnvironmental 9 39 Review Detailed Design 39 51 Permitting 46 70 Bid Phase 70 74 Construction 74 86 (7+ years) Desalination Water Study/Chapter 8 Project No. 0232.506.041 8-3 January 2006 Draft Based on Table 8-1, it is anticipated that this Project would require a minimum of 6 years to complete, and likely on the order of 7 years factoring in the variability in permitting and environmental issues associated with the project. Desalination Water Study/Chapter 8 Project No. 0232.506.041 8-4 January 2006 Draft APPENDIX A: GROUNDWATER MANAGEMENT AGREEMENT - . AGREEMENT REGARDING MANAGEMENT OF THE ARROYO GRANDE GROUNDWATER BASIN -- I A. Parties This Agreement is entered into among the Cities of Arroyo Grande, Pismo Beach, Grover Beach and the Oceano Community Services District (collectively referred to hereinafter as "Parties" or "Urban Parties"). ROUF B. Recitals ERING , WHEREAS, in January 1983, a Technical Advisory Committee consisting of representat\ve~ :::~ Arroyo Grande, Grover City, Pismo Bench, Oceano Commnnity Services . I "District, Port San Luis Harbor District, the Fann Bureau, A vila Beach County Water District and the County of San Luis Obispo ("Committee") determined in reliance on the 1979 ReporI of the Department of Water Resources entitled Ground Water in the Arroyo Grande Area that the safe yield of the Arroyo Grande Gronndwater Basin ("Basin") is 9,500 acre feet per year; WHEREAS, in or about February 1983, the Parties agreed to enter into a voluntary groundwater management plan to provide for effective management of groundwater resources in the Basin through which each party was given sufficient water to meet its needs as then projected; such needs being met in part by the City of Arroyo Grande foregf)ing 358 acre feet per year of its historical use and the City ofPismo Beach foregoing 20 acre feet per year of its historical use; 'N IN ~; .;.' .;~ :ES ,~, .~ , ON i:, . WHEREAS, this manageoenl plan provided a reasonable division of the safe yield of/he Basjn without court imposed groundwater basin adjudication; , WHEREAS, on February 9, 1983, the tel1I1S of the management plan were incorporated into Reliil.lll.t!on No. 83-1 of the South San Luis Obispo County Water Association Approving the Recommendations of the Committee relating to the Basin (the "Resohition"); '. WHEREAS, each of the Parties have adopted individual resolutions endorsing the pr~~isions of the Resolution; . ----. WHEREAS, the Parties have generally complied with the terms and conditions of the Resolution; and ..- __ _ . WHEREAS, general compliance with the Resolution has proven to be a fair iindefficient means of managing andprotecting groundwatirresources.in the-BasiriaS cOIlfirmed by the - .revised final draft report prepared by the Qepartment of Water Resources.c:ntitled, Water Resources of ArrOYO Grlmde- an(rNipor;;~ Mesa. Januarv 2000. ~ ---..- .------ Gentlemen_s Agreemen[.D~C GROUNDWATER MANAGEMENT AGREEMENT I I I I I. I I I (I I " fI " 'I ., " 'I 'I ,. I NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS; I. Division of Safe Yield. a. The Parties agree to a division of the safe yield of the Basin as follows; Applied Irrigation 5,300 acre feet Subsurface flow to ocean 200 acre feet Urban Use: City of Arroyo Grande City of Grover Beach City ofPismo Beach Oceano Community Services District 1,202 acre feet. 1,198 acre feet 700 acre feet 900 acre feet b. Any increase or decrease in the safe yield of the Basin attributable to changed operation of the Lopez Reservoir, or any other cause. shall first be divided between the Urban Parties and applied irrigation on a pro rata basis using the formula from the. 1983 Gentlemen's Agreement, fifty-seven percent (57%) to applied irrigation and forty-three percent (43%) to the Urban Parties. Thereafter, the first 378 acre feet per year of any increase of safe yield allocated to the Urban Parties shal! be divided between the City of Arroyo Grande and the City ofPismo Beach on a pro rata basis (95% to Arroyo Grande and 50/. to Pismo Beach). c. The entitlements of each respective Urban Party may be increased based upon the conversion of irrigated agricultural lands to urban use. An Urban Party to this Agreement may increase its entitlement feii' urban use by a factor ofrhree (3) acre feet per acre per year minus the calculated urban usage per acre per year upon the conversion of irrigated agricultural~and to urban usage. "Irrigated agricultural land" shall be that land within the corporate limits of the party that was identified as irrigated agricultural land in the 1979 Department of Water Resources Report entitled Ground Water in the.Arrovo Grande Area. TIris agricultural conversion factor may be applied to all acreage converted to urban use from January I, 1983, throughout the life of this Agreement. Such an agricultural conversion factor is in the best interests of the overall Basin in that it will not result in any decline in the groundwater service over time. The Parties agree that no water should be converted to urban use within the Basin without establishing that it was irrigated agricultural land as defined in the 1979 Department of Water Resources Report, Groundwater in the Arrovo Grande Area. d. The Parties agree and understand that the safe yield figures utilized in this Agreement are a product of the 1979 Department of Water Resources Report regarding the Arroyo Grande Basin as adjusted by the 1983 ad hoc Technical Advisory Committee and that the division of the resources is based upon the historical use of each party and a practical accommodation of each Party's needs as they existed at the time of the adoption of the 1983 Gentlemen_s AgroementDOC GROUNDWATER MANAGEMENT AGREEMENT 2 .~ I: I I I I I I I I I I I t I I I I I I agreement. It is agreed that the Parties will meet and confer on issues related to safe yield and division of existing water resources upon the final adoption of the new Arroyo Grande Basin study performed by the Department of Water Resources, which is currently in draft. 2. Shared Information and Monitorin.,g: The Urban Parties to this Agreement shall freely share information with each other regarding each of their respective uses Of groundwater in the Basin, including all pumping data such as amounts of water extracted, well static water Icvels, and water quality. The Urban Parties to this Agreement shall meet on a quarterly basis to share this information and to discuss water usage and impacts Upon the Basin. The Parries shall conduct a review of water usage and the impacts on Basin hydrology in 2010 and 2020, 3. T erTl2: a. ;:';us Agreement shall bind the Parties indefinitely absent a significant change of circumstances as to available water, water quality; or hydrogeology of the Arroyo Grande Basin. A significant Change; of circumstances shall allow any Party to opt out of this Agreement if the significant chan~e of circumstances put that Party at risk of not being able to meet its POtable water needs. b. Significant changed circumstances shall include changes within the Basi,n or outside of the Basin, inclUding but not restricted to, a change in the Lopez Reservoir safe yield or an increase in Lopez Reservoir discharges for conservation purposes that threatens the ability of the Urban Parries to obtain their contractual allotments under their Lopez agreements, or a significant change in groundwater yields or quality, or a reduction in foreign water imported by any Urban Party. the Parties recognize that rainfall within the watershed is the most significant factor affecting the yield of Lopez Reservoir and the Basin. c. The Parties shall revisit the issue of the allocation of groundwater res,ources within the Arroyo Grande Basin in 20 I 0 and 2020 in the Context of the review provided for in section 2 of this Agreement. The Parties shall make new allocations of groundwater resources at that time if circumstances justifY it and if no harm will result to other groundwater users. Priority shall be given to reallocation of historical use of groundwater to Arroyo Grande and Pismo Beach that those agencies chose not to pursue in the entering into of the original Gentlemen' s Agreement in 1983 should such new allocations be made. d. A Party may opt out of this Agreement ifsignificant changed circumstances arise as defined in this section. Such a party shall give all other parties to the agreement not less than six months written'notice ofits intention to opt out. The written notice shall describe in detail the significant changed circumstances upon which the Party bases its election to opt out of the Agreement. 4. , Mediation Alrreement: The Parries agree to mediate any disputes that arise out of the Parties' performance under this Agreement, or the interpretation of the terms of this Agreement, prior to instituting any litigation against or between any other Party to this Agreement. Should a Party institute litigation without first offering in good faith to mediate any such dispute, any Party may move, for an order compelling mediation and staying the proceedings in the litigation until G~n!Jemen_s Agreem~nt,DOC GROUNDWATER MANAGEMENT AGREEMENT 3 , J i I I ! I , I I I I I I I I I I I " Ii I I II after mediation has been completed. The prevailing party on a motion to compel mediation shall be entitled to recover its attorney's fees against any resisting party or any party who flied litigation without first making a good faith attempt to mediate the dispute. This mediation requirement shall not apply where the health and safety of any of the Parties, or any of the Parties' residents, is threatened and they must seek, and have obtained, preliminary relief for the purposes of preserving health and safety. 5. No Third Partv Beneficiaries: The Parties are entering into this Agreement in order to reasonably allocate existing groundwater resources between themselves and not to benefit any third parties. This agreement shalI only be enforceable between the Parties themselves. This Agreement does not create any right enforceable by any person or entity that is not a party to this Agreement. 6. Ger.era. "rovisions: a. The Parties warrant that all necessary approvals and authorizations have been obtained to bind them to aU terms of this Agreement. and further warrant that the persons signing have authority to sign on behalf of their respective Parties. b. Written notice under this Agreement shall be given by' placing such notice in the first class mail, postage prepaid. or by hand delivery to the current address of the office of any Party to this Agreement. c. No amendment to this Agreement will be binding on any of the Parties unless it is in writing and signed by an authorized representative of all of the Parties. d. ' This Agreement will be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and perfonned entirely in California. e. If any provision of this Agreement is held invalid or unenforceable by any final judgment, it is the intent of the Parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the Parties. f. . This Agreement may be 'executed simultaneously in one or more counterparts, each of which will be considered an original, but all of which together will constitute one and the same instrument. . g. The Parties represent that prior to the execution of this Agreement, they consulted independent legal counsel of their own selection regarding the substance of this Agreement. Gcntlemen_s Agreement.DOC GROUNDWATER MANAGEMENT AGREEMENT 4 I I I I I I I I I I I I I: I I: Ir I Ii I WHEREFORE, the Parties publicly consent to the terms and conditions of this Agreement by executing the same as set forth below. Dated: !h Ai i '7"0 ,2002. City of Arroyo Grande "" ZJt# By: Print Name and Title: M 1e.f1M L A..I-t\1;JY, I\\I\:'(OK Dated: ,June. If), 2002. City of Pismo Beach ByJi~Il~) . Print Name and Title: MAYoR RUDY' NATOLI Dated: May 21 ; 2002.. ......_.____J City of Grover Beach Attest: e,..... O>-ilJ.'-'I(- f onna L. McMahon City Clerk BY:~ Print Name and Title: 't\I\A.Yce..... '. Dated: April 24 t , 2002. Dceano Community Services District Attest: By: eefp'-S;::.&(-4U-~ j -;::?:. L 9: Print Name and Title: Board President. c:;:: - ~'{ ,-... ~ ..--... Francis M. Cooney, Bo '~retary Gentlemen_s Agreement. DOC GROUNDWATER MANAGEMENT AGREEMENT 5 TnT^1 0 DC . 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N ...; . ~ 2 r-- .. 1 i is inS 'G' 3i I is ~~ ! 0 ~ 0 '" "" ~;; ill " q ,., g N 8 :;l ~ .. ;;; :l! ;!l J 'l: ~ _N 0 0 m ~ N - m- ",., Nfjl m2 N N " ,., ,., N ,..; ,W> , ';; ~2 'm 'N :; 2 11:- 0' 0, 0, ;l; . S 2 m ~ :;: g N 0 " " .. 2) Zo z:;: z2 0 .. VI '" N N .. N -0 ....~ ,., I' ~ 0 ,., N .- 1 N ~ ~ ~i ,,' 'J: ~ " ~ ~ i j 8 j ~ , f i ! j I I' i i fjl !. :!. :!. i i ~ i i " :i I e I " I ...; l~ ...; < 6 .. r--- 1; 0 ! d t:i .. Il :il ~ ~ d 0 , I ~ q ~ ~ t:i 't: ~ 8 ~ I ~ " " " ~ ~ 'ji 8 ~ !!l j m ~ .. 'i i i i ';; .. < " " N :!! " ...; 2) ~ ~ ...; ...; .. ~ i E 0 0 :l! i i ~ l! - '~ 'il E f a ~ ~ { E 'l; f ... I i E E b E 0 .. .. Ii "" "" .!!; Ii ...... "E .!!; E E l!' j ~ g g ) z _ ) .!!; .. 1 'E 11. ! .8 ~! :!l "" "" ~ ~ 3i ~ -~ :!i ~ :!l ~ ~ -ll .!t i~ E - " ~ - ~ ] .. E ~ .2 ~ 2 2 -;; -;; -. u .. E "" ~E .. .. , .!!; 0 -. , "" .. ~ .:l , ~ -;; E ~ "" ~ .~ j -;: a a t af -~ E E ~ ! 1ft i!' j 0 '" ~ :i ""1:' ... 1:' .. f ~ . E J .!! 6 (; :t ~ 2 ..!! . tJ '" 0 .!! "s: 8 -~ .3 !j . -;: -;: 'E 1 ';: i! ~ 1 := ~ 1 ~ ~ ~ ~ 0 0 0 ~ ~ .. . ~ ~ ~ ~ ~ .ll ~ I I ~- {? :l' {? (; (; (; {? ~ tj .:l .:l {? ::t: 't ! !! ~ .. ~ APPENDIX C: CALIFORNIA OCEAN PLAN WATER QUALITY CONTROL PLAN OCEAN WATERS OF CALIFORNIA OCEAN Pr' ~JV -- --~ ------------- ----- -- ~~-- ~ .;... . ~ "'" ~ ~ c..: (.e(J_,. i':i ? -- "'-- ~ ~ ~, .""'\ , D) L.'-;;;;')) {~;J ~ (~ Zl!vLi!".v.;.tO\.gl'''1 2001 STATE WATER RESOURCES CONTROL BOARD CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY State of California Gray Davis, Govemor California Environmental Protection Agency Winston H. Hickox, Secretary State Water Resources Control Board 10011 Street P.O. Box 100 Sacramento, CA 95812-0100 (916) 341-5250 Homepage: http://www.swrcb.ca.gov Arthur Baggett, Chair Peter S. Silva, Member Richard Katz, Member Celeste Cantu, Executive Director Tom Howard, Chief Deputy Director Cover drawing by: Zev Labinger, 1997 State of California STATE WATER RESOURCES CONTROL BOARD 2001 CALIFORNIA OCEAN PLAN WATER QUALITY CONTROL PLAN OCEAN WATERS OF CALIFORNIA Effective December 3, 2001 Adopted by the State Water Resources Control Board on November 16, 2000. Approved by the U. S. Environmental Protection Agency on December 3, 2001. The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, see our Web-site at htto://www.swrcb.ca.oov . STATE WATER RESOURCES CONTROL BOARD RESOLUTION NO. 2000-108 ADOPTION OF THE PROPOSED AMENDMENTS TO THE CALIFORNIA OCEAN PLAN (OCEAN PLAN) WHEREAS: I. The Ocean Plan was adopted by the State Water Resources Control Board (SWRCB) in 1972 and amended in 1978, 1983, 1988, 1990, and 1997. 2. The SWRCB is responsible for reviewing Ocean Plan water quality standards and for modifYing and adopting standards in accordance with Section 303( c )(1) of the federal Clean Water Act and Section 13170.2 of the California Water Code (CWC). 3. The SWRCB initiated a public review of the Ocean Plan in 1991, including a public hearing, and adopted a workplan in 1992 for considering issues identified by the comments received. 4. The SWRCB reviewed these issues and amended the Ocean Plan in 1997. 5. The SWRCB staff reviewed the high priority issues remaining from the 1992 Workplan, selected five issues for further analyses, and based upon this analysis proposed five additional amendments to the Ocean Plan. 6. "The SWRCB staffhas also identified a sixth issue consisting of minor administrative changes to the Ocean Plan to update terminology and references. 7. The proposed amendments are the following: Issue 1: Replacement of the acute toxicity effiuent limitation in Table "A" with an acute toxicity water quality objective. Issue 2: Revision of chemical water quality objectives for protection of human health. Issue 3: Addition of provisions for compliance determination for chemical water quality objectives. Issue 4: Revisions of the format and organization of the Ocean Plan. Issue 5: Development of special protection for water quality and designated uses specifying procedures for nomination and designation of special category waters. Issue 6: Administrative changes to the Ocean Plan that include: a. Defining governmental agencies referenced in the Ocean Plan, b. Defining dredged materials, c. Describing the relationship of the Ocean Plan to other State plans and policies, d. Updating the reference for the radioactivity water quality objective, e. Changing the test method references for total and fecal bacteria and for acute toxicity, f. Changing a subtitle in Appendix II, and g. Changing the Ocean Plan's effective date. 8. The SWRCB prepared and circulated a draft Functional Equivalent Document (FED) in accordance with the provisions of the California Environmental Quality Act and Title 14, California Code of Regulations 15251 (g). 9. The SWRCB held three public hearings in Sacramento, Irvine, and Monterey in November and December of 1998. The SWRCB has carefully considered all testimony and comments received on this matter and has determined that the adoption of the proposed Ocean Plan amendments will not have a significant adverse effect on the environment. 10. The SWRCB staff has prepared a draft Final FED, Attachment A to this resolution, which includes the specific proposed amendments to the Ocean Plan and responses to the comments received at the hearings. II. The SWRCB has considered relevant management agency agreements in accordance with CWC Section 13179.1. 12. Amendments to the Ocean Plan do not become effective until approved by the Office of Administrative Law and the U.s. Environmental Protection Agency. THEREFORE BE IT RESOL VED THAT: The SWRCB: I. Approves the draft Final FED identified as Attachment A to the resolution, as revised at the November 16,2000 Board Meeting. 2. Approves the proposed amendments to the Ocean Plan, as revised at the November 16, 2000 Board Meeting. 3. Agrees to reassess and modifY as appropriate the Minimum Level values in Appendix II of the Ocean Plan during the triennial reviews to consider and reflect the availability and use of more sensitive analytical methods. Prior to adoption of new Minimum Levels, the SWRCB will consider environmental and economic effects. 4. Authorizes the SWRCB Executive Director to sign the Certificate of Fee Exemption identified as Attachment B to the resolution. 5. Authorizes the SWRCB staff to submit the amended Ocean Plan to the Office of Administrative Law and the U.S. Environmental Protection Agency for final approval. CERTIFICATION The undersigned, Administrative Assistant to the Board, does hereby certifY that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on November 16,2000. CALIFORNIA OCEAN PLAN TABLE OF CONTENTS INTRODUCTION A. Purpose and Authority ................................................................................................. 1 B. Principles............................................................................... ..................... ................. 1 C. Applicability................................................................................................................... 1 I. BENEFICIAL USES A. Identification of Beneficial Uses....................................................................................3 II. WATER QUALITY OBJECTIVES A. General Provisions ...................................................................................................... 4 B. Bacterial Characteristics .............................................................................................. 4 C. Physical Characteristics............................................................................................... 5 D.. Chemical Characteristics .....................................................:....................................... 5 E. Biological Characteristics............................................................................................. 9 F. Radioactivity................................................................................................................. 9 III. PROGRAM OF IMPLEMENTATION A. General Provisions .....................................................................................................10 B. Table A Effluent Limitations........................................................................................11 C. Implementation Provisions for Table B ..............,........................................................12 D. Implementation Provisions for Bacterial Assessment and Remedial Action Requirements ............................................................................................................. 19 E. Implementation Provisions For Areas of Special Biological Significance.................... 19 F. Revision of Waste Discharge Requirements .............................................................20 G. Monitoring Program .................................................. .................................................21 H. Discharge Prohibitions................................................. .............................. .................21 I. State Board Exceptions to Plan Requirements...........................................................22 APPENDICES Appendix I: Appendix II: Appendix III: Appendix IV: Definition of Terms................................ ............................................................23 Minimum' Levels................................................... ............................................27 Standard Monitoring Procedures....................................................................... 32 Procedures for the Nomination and Designation of Areas of Special.Biological Significance ...................................................................... 36 Areas of Special Biological Significance............................................................38 Appendix V: i Table A Table B Table C Table 0 Appendix II Table' 11-1 Table 11-2 Table 11-3 Table 11-4 Appendix III Table 111-1 Appendix V Table V-1 LIST OF TABLES Effluent Limitations.... ................................. .......................................................11 Water Quality Objeclives..............................................................................6 to 9 Background Seawater Concentrations..................,........................................... 12 Conservative Estimates of Chronic Toxicity ......................................................20 Minimum" Levels - Volatile Chemicals..............................................................27 Minimum" Levels - Semi Volatile Chemicals............................................ 28 to 29 Minimum" Levels -Inorganics........................................................................... 30 Minimum" Levels - Pesticides and PCBs...........................................................31 Approved Tests - Chronic Toxicity (TUc) ...........................................................34 Areas of Special Biological Significance...................................................38 to 39 ii CALIFORNIA OCEAN PLAN WATER QUALITY CONTROL PLAN FOR OCEAN WATERS OF CALIFORNIA INTRODUCTION A. Purpose and Authority 1. In furtherance of legislative policy set forth in Section 13000 of Division 7 of the California Water Code (CWC) (Stats. 1969, Chap. 482) pursuant to the authority contained in Section 13170 and 13170.2 (Stats. 1971, Chap. 1288) the State Water Resources Control Board hereby finds and declares that protection of the quality of the ocean' waters for use and enjoyment by the people of the State requires control of the discharge of waste' to ocean' waters in accordance with the provisions contained herein. The Board finds further that this plan shall be reviewed at least every three years to guarantee that the current standards are adequate and are not allowing degradation' to marine species or posing a threat to public health. B. Principles 1. Harmony Among Water Quality Control Plans and Policies. a. In the adoption and amendment of water quality control plans, it is the intent of this Board that each plan will provide for the attainment and maintenance of the water quality standards of downstream waters. b. To the extent there is a conflict between a provision of this plan and a provision of another statewide plan or policy, or a regional water quality control plan (basin plan), the more stringent provision shall apply except where pursuant to Chap. 111.1 of this Plan, the SWRCB has approved an exception to the Plan requirements. C. Applicability 1. This plan is applicable, in its entirety, to point source discharges to the ocean'. Nonpoint sources of waste' discharges to the ocean' are subject to Chapter I Beneficial Uses, Chapter" - WATER QUALITY OBJECTIVES (wherein compliance with water quality objectives shall, in all cases, be determined by direct measurements in the receiving waters) and Chapter III - PROGRAM OF IMPLEMENTATION Parts A.2, D, E, and H. 2. This plan is not applicable to discharges to enclosed' bays and estuaries' or inland waters, nor is it applicable to vessel wastes, or the control of dredged' material. 3. Provisions regulating the thermal aspects of waste' discharged to the ocean' are set forth in the Water Quality Control Plan for the Control of Temperature in the Coastal and Interstate Waters and Enclosed' Bays and Estuaries' of California. -2- 4. Within this Plan, references to the State Board or SWRCB shall mean the State Water Resources Control Board. References to a Regional Board or RWQCB shall mean a California Regional Water Quality Control Board. References to the Environmental Protection Agency, US EPA, or EPA shall mean the federal Environmental Protection Agency. . See Appendix I for definition of terms. -3- I. BENEFICIAL USES A. The beneficial uses of the ocean' waters of the State that shall be protected include industrial water supply; water contact and non-contact recreation, including aesthetic enjoyment; navigation; commercial and sport fishing; mariculture'; preservation and enhancement of designated Areas' of Special Biological Significance (ASBS); rare and endangered species; marine habitat; fish migration; fish spawning and shellfish' harvesting. , See Appendix I for definition of terms. -4- II. WATER QUALITY OBJECTIVES A. General Provisions 1. This chapter sets forth limits or levels of water quality characteristics for ocean" waters to ensure the reasonable protection of beneficial uses and the prevention of nuisance. The discharge of waste" shall not cause violation of these objectives. 2. The Water Quality Objectives and Effluent Limitations are defined by a statistical distribution when appropriate. This method recognizes the normally occurring variations in treatment efficiency and sampling and analytical techniques and does not condone poor operating practices. 3. Compliance with the water quality objectives of this chapter shall be determined from samples collected at stations representative of the area within the waste field where initial" dilution is completed. B. Bacterial Characteristics 1. Water-Contact Standards a. Within a zone bounded by the shoreline and a distance of 1,000 feet from the shoreline or the 3D-foot depth contour, whichever is further from the shoreline, and in areas outside this zone used for water contact sports, as determined by the Regional Board, but including all kelp" beds, the following bacterial objectives shall be maintained throughout the water column: (1) Samples of water from each sampling station shall have a density oftotal coliform organisms less than 1,000 per 100 ml (10 per ml); provided that not more than 20 percent of the samples at any sampling station, in any 3D-day period, may exceed 1,000 per 100 ml (10 per ml), and provided further that no single sample when verified by a repeat sample taken within 48 hours shall exceed 10,000 per 100 ml (100 per ml). (2) The fecal coliform density based on a minimum of not less than five samples for any 3D-day period, shall not exceed a geometric mean of 200 per 100 ml nor shall more than 10 percent of the total samples during any 50-day period exceed 400 per 100 ml. b. The "Initial" Dilution Zone" of wastewater outfalls shall be excluded from designation as "kelp" beds" for purposes of bacterial standards, and Regional Boards should recommend extension of such exclusion zone where warranted to the SWRCB (for consideration under Chapter III.H.). Adventitious assemblages of kelp plants on waste discharge structures (e.g., outfall pipes and diffusers) do not constitute kelp" beds for purposes of bacterial standards. " See Appendix I for definition of terms. -5- 2. Shellfish" Harvestino Standards a. At all areas where shellfish" may be harvested for human consumption, as determined by the Regional Board, the following bacterial objectives shall be maintained throughout the water column: (1) The median total coliform density shall not exceed 70 per 100 ml, and not more than 10 percent of the samples shall exceed 230 per 100 mi. C. Phvsical Characteristics 1. Floating particulates and grease and oil shall not be visible. 2. The discharge of waste" shall not cause aesthetically undesirable discoloration of the ocean" surface. 3. Natural" light shall not be significantly" reduced at any point outside the initial" dilution zone as the result of the discharge of waste". 4. The rate of deposition of inert solids and the characteristics of inert solids in ocean" sediments shall not be changed such that benthic communities are degraded". D. Chemical Characteristics 1. The dissolved oxygen concentration shall not at any time be depressed more than 10 percent from that which occurs naturally, as the result of the discharge of oxygen demanding waste" materials. 2. The pH shall not be changed at any time more than 0.2 units from that which occurs naturally. 3. The dissolved sulfide concentration of waters in and near sediments shall not be significantly" increased above that present under natural conditions. 4. The concentration of substances set forth in Chapter II, Table B, in marine sediments shall not be increased to levels which would degrade" indigenous biota. 5. The concentration of organic materials in marine sediments shall not be increased to levels that would degrade" marine life. 6. Nutrient materials shall not cause objectionable aquatic growths or degrade" indigenous biota. 7. Numerical Water Quality Objectives a. Table B water quality objectives apply to all discharges within the jurisdiction of this Plan. b. Table B Water Quality Objectives " See Appendix I for definition of terms. -6- TABLE B WATER QUALITY OBJECTIVES I imitina Concentrations Units of . Measurement 6-Month Median Daily Maximum Instantaneous , Maximum OBJECTIVES FOR PROTECTION OF MARINE AQUATIC LIFE Arsenic ug/l 8. 32. 80. Cadmium ug/l 1. 4. 10. Chromium (Hexavalent) (see below, a) ug/l. 2. 8: 20. Copper ug/l 3. 12. 30. Lead ug/l 2. 8. 20. Mercury ug/l 0.04 0.16 0.4 Nickel ug/l 5. 20. 50. Selenium ug/l 15. 60. 150. Silver ug/l 0.7 2.8 7. Zinc ug/l 20. 80. 200. Cyanide (see below, b) ug/l 1. 4. .10. . Total Chlorine Residual ug/l 2. 8. 60. (For intennittent chlorine sources see below, c) Ammonia ug/l 600. 2400. 6000. (expressed as nitrogen) Acute< Toxicity TUa N/A 0.3 N/A Chronic< Toxicity TUc N/A 1. N/A Phenolic Compounds (non-chlorinated) ug/l 30. 120. 300. Chlorinated Phenolics ug/l 1. 4. 10. Endosulfan ug/l 0.009 0.018 0.027 Endrin ug/l 0.002 0.004 0.006 HCH< ug/l 0.004 0.008 0.012 Radioactivity Not to exceed limits specified in Title 17, Division 1, Chapter 5, Subchapter 4, Group 3, Article 3, Section 30253 of the California Code of Regulations. Reference to Section 30253 is prospective, including future changes to any incorporated provisions of federal law, as the changes take effect. < See Appendix I for definition of tenns. -7- Table B Continued Chemical 30-day Average (ug/I) Decimal Notation Scientific Notation OBJECTIVES FOR PROTECTION OF HUMAN HEAL T'H - NONCARCINOGENS acrolein antimony bis{2-chloroethoxy) methane bis{2-chloroisopropyl) ether chlorobenzene chromium (III) di-n-butyl phthalate dichlorobenzenes' diethyl phthalate dimethyl phthalate 4,6-dinitro-2-methylphenol 2,4-dinitrophenol ethyl benzene fluoranthene hexachlorocyclopentadiene nitrobenzene thallium toluene tributyltin 1,1 , 1-trich loroethane .220. 1,200. 4.4 1,200. 570. 190,000. 3,500. 5,100. 33,000. 820,000. 220. 4.0 4,100. 15. 58. 4.9 2. 85,000. 0.0014 540,000, 2.2 X 10' 1.2 X 103 4.4 x 10. 1.2 X 103 5.7 X 10' 1.9x105 3.5 X 103 5.1 X 103 3.3 X 10' 8.2 x 10' 2.2 X 10' 4.0 x 10. 4.1 X 103 1.5 x 10' 5.8 X 10' 4.9 x 10. 2. x 10. 8.5 X 10' 1.4 X 10.3 5.4 X 105 OBJECTIVES FOR PROTECTION OF HUMAN HEALTH - CARCINOGENS acrylonitrile 0.10 aldrin 0.000022 benzene 5.9 benzidine 0.000069 beryllium. 0.033 bis{2-chloroethyl) ether 0.045 bis{2-ethylhexyl) phthalate 3.5 carbon tetrachloride 0.90 chlordane' 0.000023 chlorodibromomethane 8.6 1.0 X 10" 2.2 X 10.5 5.9 x 10. 6.9 x 10" 3.3 X 10" 4.5 X 10" 3.5 x 10. 9.0 X 10" 2.3x 10" 8.6 x 10. , See Appendix I for definition of terms. -8~ Table B Continued 30-day Average (ug/I) Chemical ,Decimal Notation Scientific Notation OBJECTIVES FOR PROTECTION OF HUMAN HEALTH - CARCINOGENS chloroform 130. DDT' 0.00017 1,4-dichlorobenzene 18. 3,3'-dichlorobenzidine 0.0081 1,2-dichloroethane 28. 1,1-dichloroethylene 0.9 dichlorobromomethane 6.2 dichloromethane 450. 1,3-dichloropropene 8.9 dieldrin 0.00004 2,4-dinitrotoluene 2.6 1,2-diphenylhydrazine 0.16 halomethanes' 130. heptachlor 0.00005 heptachlor epoxide 0.00002 hexachlorobenzene 0.00021 hexachlorobutadiene 14. hexachloroethane 2.5 isophorone 730. N-nitrosodimethylamine 7.3 N-nitrosodi-N-propylamine 0.38 N-nitrosodiphenylamine 2.5 PAHs' 0.0088 PCBs' 0.000019 TCDD equivalents' 0.0000000039 1,1,2,2-tetrachloroethane 2.3 tetrachloroethylene 2.0 toxaphene 0.00021 trichloroethylene 27. 1,1,2-trichloroethane 9.4 2,4,6-trichlorophenol 0.29 vinyl chloride 36. 1.3 X 102 1,7 X 10" 1.8x 10' 8.1 x 10.3 2.8 X 10' 9 X 10" 6.2 x 100 4.5 x 102 8.9 x 100 4.0 X 10" 2.6 x 100 1.6 X 10" 1.3 X 102 5x 10" 2 X 10" 2.1 X 10" 1.4 X 10' 2.5 x 100 7.3 X 102 7.3 x 100 3.8 X 10" 2.5 x 100 8.8 X 10.3 1.9 X 10" 3.9 X 10'9 2.3 x 100 2.0 x 100 2.1 X 10" 2.7 X 10' 9.4 x 100 2.9 x 10" 3.6 X 10' . See Appendix I for definition of terms. "9- Table B Notes: a) Dischargers may at their option meet this objective as a total chromium objective. b) If a discharger can demonstrate to the satisfaction of the Regional Board (subject to EPA approval) that an analytical method is available to reliably distinguish between strongly and weakly complexed cyanide, effluent limitations for cyanide may be met by the combined measurement of free cyanide, simple alkali metal cyanides, and weakly complexed organometallic cyanide complexes. In order for the analytical method to be acceptable, the recovery of free cyanide from metal complexes must be comparable to that achieved by the approved method in 40 CFR PART 136, as revised May 14,1999. c) Water quality objectives for total chlorine residual applying to intermittent discharges not exceeding two hours, shall be determined through the use of the following equation: log Y = -0.43 (log x) + 1.8 where: y = the water quality objective (in ug/l) to apply when chlorine is being discharged; x = the duration of uninterrupted chlorine discharge in minutes. E. BioloQical Characteristics 1. Marine communities, including vertebrate, invertebrate, and plant species, shall not be degraded" . 2. The natural taste, odor, and color of fish, shellfish", or other marine resources used for human consumption shall not be altered. " , 3. The concentration of organic materials in fish, shellfish" or other marine resources used for human consumption shall not bioaccumulate to levels that are harmful to human health. F. Radioactivitv 1. Discharge of radioactive waste" shall not degrade" marine life. " See Appendix I for definition of terms. -10- III. PROGRAM OF IMPLEMENTATION A. General Provisions 1. . Effective Date a. The Water Quality Control Plan, Ocean Waters of California, California Ocean Plan was adopted and has been effective since 1972. There have been multiple amendments of the Ocean Plan since its adoption. This document includes the most recent amendments of the Ocean Plan as approved by the SWRCB on November 16, 2000. However, amendments in this version of the Ocean Plan do not become effective until approved by the us EPA. Persons using the Ocean Plan prior to US EPA approval of this version should reference the 1997 Ocean Plan. Once approved by the US EPA, this document (the 2001 Ocean Plan) will supercede the 1997 Ocean Plan. . 2. General Requirements For Management Of Waste Discharge To The Ocean' a. Waste' management systems that discharge to the ocean' must be designed and operated in a manner that will maintain the indigenous marine life and a healthy and diverse marine community. b.' Waste discharged' to the ocean' must be essentially free of: (1) Material that is floatable or will become floatable upon discharge. (2) Settleable material or substances that may form sediments which will degrade' benthic communities or other aquatic life. (3) Substances which will accumulate to toxic levels in marine waters, sediments or biota. (4) Substances that significantly' decrease the natural' light to benthic communities and other marine life. (5) Materials that result in aesthetically undesirable discoloration of the ocean' surface. c. Waste' effluents shall be discharged in a manner which provides sufficient initial' dilution to minimize the concentrations of substances not removed in the treatment. d. Location of waste' discharges must be determined after a detailed assessment of the oceanographic characteristics and current patterns to assure that: (1) Pathogenic organisms and viruses are not present in areas where shellfish' are harvested for human consumption or in areas used for swimming or other body-contact sports. (2) Natural water quality conditions are not altered in areas designated as being of special biological significance or areas that existing marine laboratories use as a source of seawater. (3) Maximum protection is provided to the marine environment. . See Appendix I for definition of terms. -11- e. Waste' that contains pathogenic organisms or viruses should l)e discharged a sufficient distance from shellfishing' and water-contact sports areas to maintain applicable bacterial standards without disinfection. Where coriditions are such that an adequate distance cannot be attained, reliable disinfection in conjunction with a reasonable separation of the discharge point from the area of use must be . provided. Disinfection procedures that do not increase effluent toxicity and that constitute the least environmental and human hazard should be used. 3: 'Areas 'of Special Biological Significance a. ASBS' shall be designated by the SWRCB following the procedures provided in Appendix IV. A list of ASBS' is available in Appendix V. 4. Combined Sewer Overflow: Not withstanding any other provisions in this plan, discharges from the City of San Francisco's combined sewer system are subject to the US EPA's Combined Sewer Overflow Policy. B. Table A Effluent Limitations TABLE A EFFLUENT LIMITATIONS Limiting Concentrations Grease and Oil Suspended Solids Settleable Solids Turbidity PH Unit of Measurement mg/l Monthly (30-dav Averaoel 25. Mill NTU Units 1.0 75. Weekly (7-dav Averaael 40. See below + 1.5 100. Within limit of 6.0 to 9.0 at all times Maximum at anv time 75. 3.0 225. Table A Notes: + Suspended Solids: Dischargers shall, as a 3D-day average, remove 75% of suspended solids from the influent stream before discharging wastewaters to the ocean', except that the effluent limitation to be met shall not be lower than 60 mg/l. Regional Boards may recommend that the SWRCB (Chapter IIIJ), with the concurrence of the Environmental Protection Agency, adjust the lower effluent concentration limit (the 60 mg/l above) to suit the environmental and effluent characteristics of the discharge.. As a further consideration in making such recommendation for adjustment, Regional Boards should evaluate effects on existing and potential water' reclamation projects. If the lower effluent concentration limit is adjusted, the discharger shall remove 75% of suspended solids from the influent stream at any time the influent concentration exceeds four times such adjusted effluent limit. 1. Table A effluent limitations apply only to publicly owned treatment works and industrial discharges for which Effluent Limitations Guidelines have not been established pursuant to Sections 301, 302, 304, or 306 of the Federal Clean Water Act. , See Appendix I for definition of terms. -12- 2. Table A effluent limitations shall apply to a discharger's total effluent, of whatever origin (i.e., gross, not net, discharge), except where otherwise specified in this Plan. 3. The 8WRCB is authorized to administer and enforce effluent limitations established pursuant to the Federal Clean Water Act. Effluent limitations established under Sections 301,302,306,307,316,403, and 405 ofthe aforementioned Federal Act and administrative procedures pertaining thereto are included in this plan by reference. Compliance with Table A effluent limitations, or Environmental Protection Agency Effluent Limitations Guidelines for industrial discharges, based on Best Practicable Control Technology, shall be the minimum level of treatment acceptable under this plan, and shall define reasonable treatment and waste control technology. C. Implementation Provisions for Table B 1. Effluent concentrations calculated from Table B water quality objectives shall apply to a discharger's total effluent, of whatever origin (i.e., gross, not net, discharge), except where otherwise specified in this Plan. 2. Effluent limitations shall be imposed in a manner prescribed by the SWRCB such that the concentrations set forth below as water quality objectives shall not be exceeded in the receiving water upon completion of initial* dilution, except that objectives indicated for radioactivity shall apply directly to the undiluted waste* effluent. .. 3. Calculation of Effluent Limitations a. Effluent limitations for water quality objectives listed in Table B, with the exception of acute* toxicity and radioactivity, shall be determined through the use of the following equation: Equation 1: Ce = Co + Dm (Co - Cs) where: Ce = the effluent concentration limit, ugll Co = the concentration (water quality objective) to be met at the completion of initial* dilution, ugll Cs = background seawater concentration (see Table C below), ugll Dm = minimum probable initial* dilution expressed as parts seawater per part wastewater. TABLE C BACKGROUND SEAWATER CONCENTRATIONS (Cs) Waste Constituent Cs (UQ/I) , Arsenic Copper Mercury Silver Zinc For all other Table B parameters, Cs = O. 3. 2. 0.0005 0.16 8. . See Appendix I for definition of terms. -13- b. Determining a Mixing Zone for the Acute* Toxicity Objective The mixing zone for the acute* toxicity objective shall be ten percent (10%) of the distance from the edge of the outfall structure to the edge of the chronic mixing zone (zone of initial dilution). There is no vertical limitation on this zone. The effluent limitation for the acute* toxicity objective listed in Table B shall be determined through the use of the following equation: Equation 2: Ce = Ca + (0.1) Om (Ca) where: Ca = the concentration (water quality objective) to be met at the edge of the acute mixing zone. ' Om = minimum probable initial* dilution expressed as parts seawater per part wastewater (This equation applies only when Om > 24). c. Toxicity Testing Requirements based on the Minimum Initial* Dilution Factor for Ocean Waste Discharges (1) Dischargers shall conduct acute' toxicity testing if the minimum initial' dilution of the effluent is greater than 1-,000:1 at the edge of the mixing zone. (2) Dischargers shall conduct either acute" or chronic' toxicity testing if the minimum initial' dilution ranges from 350:1 to 1,000:1 depending on the specific discharge conditions. The RWQCB shall make this determination. (3) Dischargers shall conduct chronic' toxicity testing for o'cean waste discharges with minimum initial" dilution factors ranging from 100: 1 to 350: 1. The RWQCBs may require that acute toxicity testing be conducted in addition to chronic as necessary for the protection of beneficial uses of ocean waters. (4) Dischargers shall conduct chronic toxicity testing if the minimum initial' dilution of the effluent falls below 100: 1 at the edge of the mixing zone. d. For the purpose of this Plan, minimum initial' diliJtion is the lowest average initial' dilution within any single month of the year. Dilution estimates shall be based on observed waste flow characteristics, observed receiving water density structure, and the assumption that no currents, of sufficient strength to influence the initial" dilution process, flow across the discharge structure: e. The Executive Director of the SWRCB shall identify standard dilution' models for use in determining Om, and shall assist the Regional Board in evaluating Om for specific waste discharges. Dischargers may propose alternative methods of calculating Om, and the Regional Board may accept such methods upon verification of its accuracy and applicability. * See Appendix I for definition of terms. ~14- f. The six-month median shall apply as a moving median of daily values for any 180-day period in which daily values represent flow weighted average concentrations within a 24-hour period. For intermittent discharges, the daily value shall be considered to equal zero for days on which no discharge occurred. g. The daily maximum shall apply to flow weighted 24 hour composite samples. h. The instantaneous maximum shall apply to grab sample determinations. i. If only one sample is collected during the time period associated with the water quality objective <M., 30-day average or 6-month median), the single measurement shall be used to determine compliance with the effluent limitation for the entire time period. j. Discharge requirements shall also specify effluent limitations in terms of mass emission rate limits utilizing the general formula: Equation 3: Ibslday = 0.00834 x Ce x Q where: Ce = the effluent concentration limit, ugll Q = flow rate, million gallons per day (MGD) k. The six-month median limit on daily mass emissions shall be determined using the six-month median. effluent concentration as Ce and the observed flow rate Q in millions of gallons per day. The daily maximum mass emission shall be determined using the daily maximum effluent concentration limit as Ce and the observed flow rate Q in millions of gallons per day. I. Any significant change in waste' flow shall be cause for reevaluating effluent limitations. 4. Minimum' levels For each numeric effluent limitation, the Regional Board must select one or more Minimum' levels (and their associated analytical methods) for inclusion in the permit. The "reported" Minimum' level is the Minimum' level (and its associated analytical method) chosen by the discharger for reporting and compliance determination from the Minimum' levels included in their permit. a. Selection of Minimum' levels from Appendix II The Regional Board. must select all Minimum' levels from Appendix II that are below the effluent limitation. If. the effluent limitation is lower than all the Minimum' levels in Appendix II, the Regional Board must select the lowest Minimum' level from Appendix'lI. . See Appendix I for definition of terms. -15- b. Deviations from Minimum" Levels in Appendix II The Regional Board, in consultation with the State Water Board's Quality Assurance Program, must establish a Minimum" Level to be included in the permit in any of the following situations: 1. A pollutant is not listed in Appendix II, 2. The discharger agrees to use a test method that is more sensitive than those described in 40 CFR 136 (revised May 14, 1999). 3. The discharger agrees to use a Minimum" Level lower than those listed in Appendix II, . 4. The discharger demonstrates that their calibration standard matrix is SUfficiently different from that used to establish the Minimum" Level in Appendix II and proposes an appropriate Minimum* Level for their matrix. 5. A discharger uses an analytical method having a quantification practice that is not consistent with the definition of Minimum* Level (e.g., US EPA methods 1613, 1624, 1625). 5. Use of Minimum* Levels a. Minimum* Levels in Appendix II represent the lowest quantifiable concentration in a sample based on the proper application of method-specific analytical procedures and the absence of matrix interferences. Minimum* Levels also represent the lowest standard concentration in the calibration curve for a specific analytical technique after the application of appropriate method-specific factors. Common analytical practices may require different treatment of the sample relative to the calibration standard. Some examples are given below: Substance or Grouoina . Volatile Organics Semi-Volatile Organics Metals Pesticides Method-Soecific Treatment No differential treatment Samples concentrated by extraction Samples diluted or concentrated Samples concentrated by extraction Most Common Factor 1 1000 y,;, 2 , and 4 100 b. Other factors may be applied to the Minimum* Level depending on the specific sample preparation steps employed. For example, the treatment typically applied when there are matrix effects is to dilute the sample or sample aliquot by a factor of ten. In such cases, this additional factor must be applied during the computation of the reporting limit. Application of such factors will alter the reported Minimum* Level. c. Dischargers are to instruct their laboratories to establish calibration standards so that the Minimum* Level (or its equivalent if there is differential treatment of samples relative to calibration standards) is the lowest calibration standard. At no time is the discharger to use analytical data derived from extrapolation beyond the lowest point of the calibration curve. In accordance with Section 4b, above, the discharger's laboratory may employ a calibration standard lower than the Minimum* Level in Appendix II, " See Appendix I for definition of terms. -16- 6. Sample Reporting Protocols a. Dischargers must report with each sample result the reported Minimum' Level . (selected in accordance with Section4, above) and the laboratory's current MDL'. b. Dischargers must also report the results of analytical determinations for the presence of chemical constituents in a sample using the following reporting protocols: (1) Sample results greater than or equal to the reported Minimum' Level must be reported "as measured" by the laboratory (I.e., the measured chemical concentration in the sample). (2) Sample results less than the reported Minimum' Level, but greater than or equal to the laboratory's MDL', must be reported as "Detected, but Not Quantified", or DNQ. The laboratory must write the estimated chemical concentration of the sample next to DNQ as well as the words "Estimated Concentration" (may be shortened to "Est. Conc."). (3) Sample results less than the laboratory's MDL' must be reported as "Not Detected", or ND. 7. Compliance Determination Sufficient sampling and analysis shall be required to determine compliance with the effluent limitation. .. a.Compliance with Single-Constituent Effluent Limitations Dischargers are out of compliance with the effluent limitation if the concentration of the pollutant (see Section 7c, below) in the monitoring sample is greater than the effluent limitation and greater than or equal to the reported Minimum' Level. b. Compliance with Effluent Limitations expressed as a Sum of Several Constituents Dischargers are out of compliance with an effluent limitation which applies to the sum of a group of chemicals (e.g., PCB's) if the sum of the individual pollutant concentrations is greater than the effluent limitation. Individual pollutants of the group will be considered to have a concentration of zero if the constituent is reported as ND or DNQ. c. Multiple Sample Data Reduction The concentration of the pollutant in the effluent may be estimated from the result of a single sample analysis or by a measure of central tendency (arithmetic mean, geometric mean, median, etc.) of multiple sample analyses when all sample results are quantifiable (i.e., greater than or equal to the reported Minimum' Level). When one or more sample results are reported as ND or DNQ, the central tendency concentration of the pollutant shall be the median (middle) value of the multiple samples. If, in an even number of samples, one or both of the middle values is ND or DNQ, the median will be the lower of the two middle values. , See Appendix I for definition of terms. -17- d. Powerplants and Heat Exchange Dischargers Due to the large total volume of powerplant and other heat exchange discharges, special procedures must be applied for determinin"g compliance with Table 8 objectives on a routine basis. Effluent concentration values (Ce) shall be determined through the use of equation 1 considering the minimal probable initial' dilution of the combined effluent (in-plant waste streams plus cooling water flow). These concentration values shall then be converted to mass emission limitations as indicated in equation 3. The mass emission limits will then serve as requirements applied to all inplant waste' streams taken together which discharge into the cooling water flow, except that limits for total chlorine residual, acute' (if applicable per Section (3)(c)) and chronic' toxicity and instantaneous maximum concentrations in Table 8 shall apply to, and be measured in, the combined final effluent, as adjusted for dilution with ocean water. The Table 8 objective for radioactivity shall apply to the undiluted combined final effluent. 8. Pollutant Minimization Program a. Pollutant Minimization Program Goal The goal of the Pollutant Minimization Program is to reduce all potential sources of a pollutant through pollutant minimization (control) strategies, including pollution prevention measures, in order to maintain the effluent concentration at or below the effluent limitation. Pollution prevention measures may be particularly appropriate for persistent bioaccumulative priority pollutants where there is evidence that beneficial uses are being impacted. The completion and implementation of a Pollution Prevention Plan, required in accordance with CA Water Code Section 13263.3 (d) will fulfill the Pollution Minimization Program requirements in this section. b. Determining the need for a Pollutant Minimization Program 1. The discharger must develop and conduct a Pollutant Minimization Program if all of the following conditions are true: (a) The calculated effluent limitation is less' than the reported Minimum' Level . (b) The concentration of the pollutant is reported as DNQ (c) There is evidence showing that the pollutant is present in the effluent above the calculated effluent limitation. 2. Alternatively, the discharger must develop and conduct a Pollutant Minimization Program if all of the following conditions are true: (a) The calculated effluent limitation is less than the Method Detection Limit'. (b) The concentration of the pollutant is reported as NO. (c) There is evidence Showing that the pollutant is present in the effluent above the calculated effluent limitation. , See Appendix I for definition of terms. -18- c. Regional Boards may include special provisions in the discharge requirements to require the gathering of evidence to determine whether the pollutant is present in the effluent at levels above the calculated effluent limitation. Examples of evidence may include: . 1. health advisories for fish consumption, 2. presence of whole effluent toxicity, 3. results of benthic or aquiltic organism tissue sampling, 4. sample results from analytical methods more sensitive than methods included in the permit (in accordance with Section 4b, above). 5. the concentration ofthe pollutant is reported as DNQ and the effluent limitation is less th~m the MDL d. Elements of a Pollutant Minimization Program The Regional Board may consider cost-effectiveness when establishing the requirements of a Pollutant Minimization Program. The program shall include actions and submittals acceptable to the Regional Board including, but not limited to, the follOWing: 1. An annual review and semi-annual monitoring of potential sources of the reportable pollutant, which may include fish tissue monitoring and other bio- uptake sampling; 2. Quarterly monitoring for the 'reportable pollutant in the influent to the wastewater treatment system; 3. Submittal of a control strategy designed to proceed toward the goal of maintaining concentrations of the reportable pollutant in the effluent at or below the calculated effluent limitation; 4. Implementation of appropriate cost-effective control measures for the p.ollutant, consistent with the control strategy; and, 5. An annual status report that shall be sent to the Regional Board including: (a) All Pollutant Minimization Program monitoring results for the previous year; (b) A list of potential sources of the reportable pollutant; (c) A summary of.all action taken in accordance with the control strategy; and, (d) A description of actions to be taken in the following year. 9. Toxicity Reduction Requirements a. If a discharge consistently exceeds an effluent limitation based on a toxicity objective in Table B, a toxicity reduction evaluation (TRE) is required. The TRE shall include all reasonable steps to' identify the source of toxicity. Once the source(s) of toxicity is identified, the discharger shall take all reasonable steps necessary to reduce toxicity to the required level. ' . See Appendix I for definition of terms. -19- b. The following shall be incorporated into waste discharge requirements: (1) a requirement to conduct a TRE if the discharge consistently exceeds its toxicity effluent limitation, and (2) a provision requiring a discharger to take all reasonable steps to reduce toxicity once the source of toxicity is identified. D. Implementation Provisions for Bacterial Assessment and Remedial Action Reouirements 1. The requirements listed below shall be used to determine the occurrence and extent of any impairment of a beneficial use due to bacterial contamination, generate information which can be used in the development of an enterococcus standard, and provide the basis for remedial actions necessary to minimize or eliminate any impairment of a beneficial use. a. Measurement of enterococcus density shall be conducted at all stations where measurement of total and fecal coliforms are required. In addition to the requirements of Chapter II.B.I, -if a shore station consistently exceeds a coliform objective or exceeds a geometric mean enterococcus density of 24 organisms per 100 ml for a 3D-day period or 12 organisms per 100 ml for a six-month period, the Regional Board shall require the appropriate agency to conduct a survey to determine if that agency's disc.harge is the source of the contamination. The geometric mean shall be a moving average based on no less than five samples per month, spaced evenly over the time interval. When a sanitary survey identifies a controllable source of indicator organisms associated with a discharge of sewage, the Regional Board shall take action to control the source. b. Waste discharge requirements shall require the discharger to conduct sanitary surveys when so directed by the Regional Board. Waste discharge requirements shall contain provisions requiring the discharger to control any controllable discharges identified in a sanitary survey. E. Implementation Provisions For Areas. of Special Biolooical Sionificance IASBS) 1. Waste. shall not be discharged to areas designated as being of special biological significance. Discharges shall be located a sufficient distance from such designated areas to assure maintenance of natural water quality conditions in these areas.. 2. Regional Boards may approve waste discharge requirements or recommend certification for limited-term (i.e. weeks or months) activities in ASBS.. Limited-term activities include, but are not limited to, activities such as maintenance/repair of existing boat facilities, restoration of sea walls, repair of existing storm water pipes, and replacement/repair of existing bridges. Limited-term activities may result in temporary and short-term changes in existing water quality. Water quality degradation shall be limited to the shortest possible time. The activities must not permanently degrade water quality or result in water quality lower than that necessary to protect existing uses, and all practical means of minimizing such degradation shall be implemented. . See Appendix I for definition of terms. -20- F. Revision of Waste' Discharge Reauirements 1. The Regional Board shall revise the waste' discharge requirements for existing' discharges as necessary to achieve compliance with this Plan and shall also establish a time schedule for such compliance. 2. The Regiomil Boards may establish more restrictive water quality objectives and effluent limitations than those set forth in this Plan as necessary for the protection of beneficial uses of ocean' waters. 3. Regional Boards may impose alternative less restrictive provisions than those contained within Table B of the Plan, provided an applicant can demonstrate that: a. Reasonable control technologies (including source control, material substitution, treatment and dispersion) will not provide for complete compliance; or b. Any less stringent provisions would encourage water' reclamation; 4. Provided further that: a. Any alternative water quality objectives shall be below the conservative estimate of chronic' toxicity, as given in Table D, and such alternative will provide for adequate protection of the marine environment; b. A receiving water quality toxicity objective of 1 TUc is not exceeded; and c. The State Board grants an exception (Chapter III. I.) to the Table B limits as established in the Regional Board findings and alternative limits. TABLE D CONSERVATIVE ESTIMATES OF CHRONIC TOXICITY Constituent Arsenic Cadmium Hexavalent-Chromium Copper Lead Mercury Nickel Silver Zinc Cyanide Total Chlorine Residual Ammonia Phenolic Compounds (non-chlorinated) Chlorinated Phenolics Chlorinated Pesticides and PCB's Estimate of Chronic Toxicity (ug/I) 19. 8. 18. 5. 22. 0.4 48. 3. 51. 10. 10.0 4000.0 a) (see below) a) b} . See Appendix I for definition of terms. -21~ Table [) Notes' a) There are insufficient data for phenolics to estimate chronic toxicity levels.. Requests for modification of water quality objectives for these waste" constituents must be supported by chronic toxicity data for representative sensitive species. In such cases, applicants seeking modification of water quality objectives should consult the Regional Water Quality Control Board to determine the species and test conditions necessary to evaluate chronic effects. b) Limitations on chlorinated pesticides and PCB's shall not be modified so that the total of tbese compounds is increased above the objectives in Table B. G. Monitorino Prooram 1. The Regional Boards shall require dischargers to conduct self-monitoring programs and submit reports necessary to determine compliance with the waste" discharge requirements, and may require dischargers to contract with agencies or persons acceptable to the Regional Board to provide monitoring reports. Monitoring provisions contained in waste discharge requirements shall be in accordance with the Monitoring Procedures provided in Appendix III. 2. Where the Regional Board is satisfied that any substance(s) of Table B will not significantly occur in a discharger's effluent, the Regional Board may elect not to require monitoring for such substance(s), provided the discharger submits periodic certification that such substance(s) is not added to the waste" stream, and that no change has occurred in activities that could cause such substance(s) to be present in the waste" stream. Such election does not relieve the discharger from the requirement to meet the objectives of Table B. 3. The Regional Board may require monitoring of bioaccumulation of toxicants in the discharge zone. Organisms and techniques for such monitoring shall be chosen by the Regional Board on the basis of demonstrated value in waste" discharge monitoring. H. DischarQe Prohibitions 1. Hazardous Substances a. The discharge of any radiological, chemical, or biological warfare agent or high- level radioactive waste" into the ocean" is prohibited. 2. Areas Desi!:lnated for Special Water Qualitv Protection a. Waste" shall not be discharged to designated Areas" of Special Biological Significance except as provided in Chapter III E. Implementation Provisions For Areas of Special Biological Significance. 3. Sludoe a. Pipeline discharge of sludge to the ocean" is prohibited by federal law; the discharge of municipal and industrial waste" sludge directly to the ocean", or into " See Appendix I for definition of terms. -22- a waste' stream that discharges to the ocean', is prohibited by this Plan. The discharge of sludge digester supernatant directly to the ocean', or to a waste' ',stream that discharges to the ocean' without further treatment, is prohibited. b. It is the policy of the SWRCB that the' treatment, use and disposal of sewage sludge shall be carried out in the manner found to have the least adverse impact on the total natural and human environment. Therefore, if federal law is amended to permit such discharge, which could affect California waters, the SWRCB may consider requests for exceptions to this section under Chapter III, H. of this Plan, provided further that an Environmental Impact Report on the proposed project shows clearly that any available alternative disposal method will have a greater adverse environmental impact than the proposed project. 4. BY-Passino" a. The by-passing of untreated wastes' containing concentrations of pollutants in excess of those of Table A or Table B to the ocean' is prohibited. \.' State Board Exceotions to Plan Reouirements 1. The State Board may, in compliance with the California Environmental Quality Act, ' SUbsequent to a public hearing, and with the concurrence of the Environmental , Protection Agency, grant exceptions where the Board determines: , a. The exception will not compromise protection of ocean' waters for beneficial uses, and, b. The public interest will be served. * See Appendix I for definition of terms. -23- APPENDIX I DEFINITION OF TERMS ACUTE TOXICITY a. Acute Toxicity (TUa) Expressed in Toxic Units Acute (TUa) 100 TUa = 96-hr LC 50% b. Lethal Concentration 50% (LC 50) LC 50 (percent waste giving 50% survival of test organisms) shall be determined by static or continuous flow bioassay techniques using standard marine test species as specified in Appendix III, Chapter II. If specific identifiable substances in wastewater can be demonstrated by the discharger as being rapidly rendered harmless upon discharge to the marine environment, but not as a result of dilution, the LC 50 may be determined after the test samples are adjusted to remove the influence of those substances. When it is not possible to measure the 96-hour LC 50 due to' greater than 50 percent survival of the test species in 100 percent waste, the toxicity concentration shall be calculated by the expression: TU = log (100 - S) a 1.7 where: S = percentage survival in 100% waste. If S > 99, TUa shall be reported as zero. AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBS) are.those areas designated by the SWRCB as requiring protection of species or biological communities to the extent that alteration of natural water quality is undesirabl,e. CHLORDANE shall mean the sum of chlordane-alpha, chlordane-gamma, chlordene-alpha, chlordene-gamma, nonachlor-alpha, nonachlor-gamma, and oxychlordane. CHRONIC TOXICITY: This parameter shall be used to measure the acceptability of waters for supporting a healthy marine biota until improved methods are developed to evaluate biological response. . a. Chronic Toxicity (TUc) Expressed as Toxic Units Chronic (TUc) TUc= 100 NOEL -24- b. No Observed Effect Level (NOEL) The NOEL is expressed as the maximum percent effluent or receiving water that causes no observable effect on a test organism, as determined by the result of a critical life stage toxicity test listed in Appendix II. . DDT shall mean the sum of 4,4'DDT, 2,4'DDT, 4,4'DDE, 2,4'DDE, 4,4'DDD, and 2,4'DDD. DEGRADE: Degradation shall be determined by comparison of the waste field and reference site(s) for characteristic species diversity, population density, contamination, growth anomalies, debility, or supplanting of normal species by undesirable plant and animal species. Degradation occurs if there are significant differences in any of three major biotic groups, namely, demersal fish, benthic invertebrates, or attached algae. Other groups may be evaluated where benthic species are not affected, or are not the only ones affected. DICHLOROBENZENES shall mean the sum of 1,2- and 1,3-dichlorobenzene. DOWNSTREAM OCEAN WATERS shall mean waters downstream with respect to ocean currents. . DREDGED MATERIAL: Any material excavated or dredged from the navigable waters of the United States, including material otherwise referred to as "spoil". ENCLOSED BAYS are indentations along the coast which enclose an area of oceanic water within distinct headlands or harbor works. Enclosed bays include all bays where the narrowest distance between headlands or outermost harbor works is less than 75 percent of the greatest dimension of the enclosed portion of the bay. This definition includes but is notlimited to: Humboldt Bay, Bodega Harbor, Tomales Bay, Drakes Estero, San Francisco Bay, Morro Bay, Los Angeles Harbor, Upper and Lower Newport Bay, Mission Bay, and San Diego Bay. ENDOSULFAN shall mean the sum of endosulfan-alpha and -beta and endosulfan sulfate. ESTUARIES AND COASTAL LAGOONS are waters at the mouths of streams that serve as mixing zones for fresh and ocean waters during a major portion of the year. Mouths of streams that are temporarily separated from the ocean by sandbars shall be considered as estuaries. Estuarine waters will generally be considered to extend from a bay or the open ocean to the upstream limit of tidal action but may be considered to extend seaward if significant mixing of fresh and salt water occurs in the open 'coastal wCjters. The waters described by this definition include but are not limited to the Sacramento-San Joaquin Delta as defined by Section 12220 of the California Water Code, Suisun Bay, Carquinez Strait downstream to Carquinez Bridge, and appropriate areas of the Smith, Klamath, . Mad, Eel, Noyo, and Russian Rivers. HALOMETHANES shall mean the sum of bromoform, bromomethane (methyl bromide) and chloromethane (methyl chloride). HCH shall mean the sum of the alpha, beta, gamma (lindane) and delta isomers of hexachlorocyclohexane. -25- INITIAL DILUTION is the process which results in the rapid and irreversible turbulent mixing of wastewater with ocean water around the point of discharge. For a submerged buoyant discharge, characteristic of most municipal and industrial wastes that are released from the submarine outfalls, the momentum of the discharge and its initial buoyancy act together to produce turbulent mixing. Initial dilution in this case is completed when the diluting wastewater ceases to rise in the water column and first begins to spread horizontallY: . For shallow water submerged discharges, surface discharges, and non buoyant discharges, characteristic of cooling water wastes and some individual discharges, turbulent mixing results primarily from the momentum of discharge. Initial dilution, in these cases, is considered to be completed when the momentum induced velocity of the discharge ceases to produce significant mixing of the waste, or the diluting plume reaches a fixed distance from the discharge to be specified by the Regional Board, whichever results in the lower estimate for initial dilution. KELP BEDS, for purposes of the bacteriological standards of this plan, are significant aggregations of marine algae of the genera Macrocvstis and Nereocvstis. Kelp beds include the total foliage canopy of Macrocvstis and Nereocvstis plants throughout the water column. MARICUL TURE is the culture of plants and animals in marine waters independent of any pollution source. . MATERIAL: (a) In common usage: (1) the substance or substances of which a thing is made or composed (2) substantial; (b) For purposes of this Ocean Plan relating to waste disposal, dredging and the disposal of dredged material and fill, MATERIAL means matter of any kind or description which is subject to regulation as waste, or any material dredged from the navigable waters of the United States. See also, DREDGED MATERIAL. MOL (Method Detection Limit) is the minimum concentration of a substance that can be measured and reported with 99% confidence that the analyte concentration is greater than zero, as defined in 40 CFR PART 136 Appendix B. MINIMUM LEVEL (Ml) is the concentrations at which the entire analytical system must give a recognizable signal and acceptable calibration point. The ML is the concentration in a sample that is equivalent to the concentration of the lowest calibration standard analyzed by a specific analytical procedure, assuming that all the method-specified sample weights, volumes and processing steps have been followed. NATURAL LIGHT: Reduction of natural light may be determined by the Regional Board by measurement of light transmissivity or total irradiance, or both, according to the monitoring needs of the Regional Board. OCEAN WATERS are the territorial marine waters of the State as defined by California law to the extent these waters are outside of enclosed bays, estuaries, and coastal lagoons. If a discharge outside the territorial waters of the State could affect the quality of the waters of the State, the discharge may be regulated to assure no violation of the Ocean Plan will occur in ocean waters. -26- PAHs (polynuclear aromatic hydrocarbons) shall mean the sum of acenaphthylene, anthracene, 1 ,2-benzanthracene, 3,4-benzofluoranthene, benzo[k]f1uoranthene, 1,12- benzoperylene, benzo[a]pyrene, chrysene, dibenzo[ah]anthracene, fluorene, indeno[1 ;2,3" c,d]pyrene, phenanthrene and pyrene. PCBs (polychlorinated biphenyls) shall mean the sum of chlorinated biphenyls whose analytical characteristics resemble those of Aroclor-1016, Aroclor-1221, Aroclo~-1232, Aroclor-1242, Aroclor-1248, Aroclor-1254 and Aroclor-1260. ' SHELLFISH are organisms identified by the California Department of Health Services as . shellfish for public health purposes (i.e., mussels, clams and oysters). SIGNIFICANT difference is defined as a statistically significant difference in the means of two distributions of sampling results at the 95 percent confidence level. TCDD EQUIVALENTS shall mean the sum of the concentrations of chlorinated dibenzodioxins (2,3,7,8-CDDs) and chlorinated dibenzofurans (2,3,7,8-CDFs) multiplied by their respective toxicity factors, as shown in the table below. ' Isomer Group Toxicity Equivalence Factor .1.0 2,3,7,8-tetra CDD 2,3,7,8-penta CDD 2,3,7,8-hexa CDDs 2,3,7,8-hepta CDD octa CDD 0.5 0.1 0.01 0.001 2,3,7,8 tetra CDF 1,2,3,7,8 penta CDF 2,3,4,7,8 penta CDF 2,3,7,8 hexa CDFs 2,3,7,8 hepta CDFs octa CDF 0.1 0.05 0.5 0.1 0.01 0.001 WASTE: As used in this Plan, waste includes a discharger's total discharge, of whatever origin, i.e., gross, not net, discharge. WATER RECLAMATION: The treatment of wastewater to render it suitable foueuse, the transportation of treated wastewater to the place of use, and the actU<31 use of treated wastewater for a direct beneficial use or controlled use that would not otherwise occur. -27- APPENDIX II MINIMUM* LEVELS The Minimum' Levels identified in this appendix represent the lowest concentration of a pollutant that can be quantitatively measured in a sample given the current state of performance in analytical chemistry methods in California. These Minimum' Levels were derived from data provided by state- certified analytical laboratories in 1997 and 1998 for pollutants regulated by the California Ocean Plan and shall be used until new values are adopted by the SWRCB. There are four major chemical groupings: volatile chemicals, semi-volatile chemicals, inorganics, pesticides & PCB's. "No Data" is indicated by "--". TABLE 11-1 . MINIMUM* LEVELS - VOLATILE CHEMICALS Volatile Chemicals Acrolein Acrylonitrile Benzene Bromoform Carbon Tetrachloride Chlorobenzene Chlorodibromomethane Chloroform . .1,2-Dichlorobenzene (volatile) 1 ,3-Dichlorobenzene (volatile) 1 ,4-Dichlorobenzene (volatile) Dichlorobromomethane 1,1-Dichloroethane 1,2-Dichloroethane 1,1-Dichloroethylene Dichloromethane 1 ,3-Dichloropropene (volatile) Ethyl benzene Methyl Bromide Methyl Chloride 1,1,2,2- Tetrachloroethane Tetrachloroethylene Toluene 1,1,1- Trichloroethane 1,1,2-Trichloroethane Trichloroethylene Vinyl Chloride CAS Number 107028 107131 71432 75252 56235 108907 124481 67663 95501 541731 106467 75274 75343 107062 75354 75092 542756 100414 74839 74873 79345 127184 . 108883 71556 79005 79016 75014 Minimum' Level (uglL) GC Method a GCMS Method b 5 2 2 2 2 2 2 2' 2 2 2 2 1 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2. 2. 0.5 0.5 0.5 0.5 0.5 . 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 1. 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 Table 11-1 Notes a) GC Method = Gas Chromatography b) GCMS Method = Gas Chromatography I Mass Spectrometry , To determine the lowest standard concentration in an instrument calibration curve for these techniques, use the given ML (see Chapter III, "Use of Minimum' Levels"). -28- TABLE 11-2 MINIMUM" LEVELS - SEMI VOLA TILE CHEMICALS Minimum" level (ug/l) CAS GC GCMS HPlC COLOR Semi-Volatile Chemicals Number Method a, . Method b, . Method c: Method d Acenapthylene 208968 10 0.2 Anth racene 120127 10 2 Benzidine 92875 5 Benzo(a)anthracene 56553 10 2 Benzo(a)pyrene 50328 10 2 Benzo(b)f1uoranthene 205992 10 10 Benzo(g,h,i)perylene 191242 5 0.1 Benzo(k)f1oranthene 207089 10 2 Bis 2-(1-Chloroethoxy) methane 111911 5 Bis(2-Chloroethyl)ether 111444 10 1 Bis(2-Chloroisopropyl)ether 39638329 10 2 Bis(2-Ethylhexyl) phthalate 117817 10 5 2-Chlorophenol 95578 2 5 Chrysene 218019 10 5 Di-n-butyl phthalate 84742 10 Dibenzo( a, h)anthracene 53703 10 0.1 1,2-Dichlorobenzene (semivolatile) 95504 2 2 1,3-Dichlorobenzene (semivolatile) 541731 2 1 1,4-Dichlorobenzene (semivolatile) 106467 2 1 3,3-Dichlorobenzidine 91941 5 2,4-Dichlorophehol 120832 1 5 1,3-Dichloropropene 542756 5 - Diethyl phthalate 84662 10 2 Dimethyl phthalate 131113 10 2 - 2,4-Dimethylphenol 105679 1 ." 2 2,4-Dinitrophenol 51285 5 5 2,4-Dinitrotoluene 121142 10 5 1,2-Diphenylhydrazine 122667 1 Fluoranthene 206440 10 1 0.05 Fluorene 86737 10 0.1 , - Hexachlorobenzene 118741 5 1 Hexachlorobutadiene 87683 5 1 Hexachlorocyclopentadiene 77474 5 5 Table 11-2 continued on next page... -29- Table 11-2 (Continued) Minimum" Levels - Semi Volatile Chemicals Minimum" Level (ug/L) CAS GC GCMS HPLC COLOR Semi-Volatile Chemicals Number Method ., . Method b,' Method C,' Method d Hexachloroethane 67721 5 1 Indeno(1,2,3-cd)pyrene 193395 10 0.05 Isophorone 78591. 10 1 2-methyl-4,6-dinitrophenol 534521 10 5 3-methyl-4-chlorophenol 59507 . 5 1 N-nitrosodi-n-propylamine 621647 10 5 N-nitrosodimethylamine 62759 10 5 N-nitrosodiphenylamine 86306 10 1 . Nitrobenzene 98953 10 1 2-Nitrophenol 88755 10 4-Nitrophenol 100027 5 10 Pentachlorophenol 87865 1 5 Phenanthrene 85018 5 0.05 Phenol 108952 1 1 50 Pyrene 129000 10 0.05 2.4,6-Trichlorophenol 88062 10 10 Table 11-2 Notes: a) GC Method = b) GCMS Method = c) HPLC Method = d) COLOR Method Gas Chromatography , Gas Chromatography I Mass Spectrometry High Pressure Liquid Chromatography = Colorimetric . " To determine the lowest standard concentration in an instrument calibration curVe for this technique, multiply the given ML by 1000 (see Chapter III, "Use of Minimum" Levels"). 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E a.<(m:2:J::Jgo .....oc:~oocu- C:._ '- >.c..> u <( .g ~ 5~:C >.>.a: C5 m:J~Q)U)Cii16-ga. E () :'!: 5'~ .~ N ~ "l::t) Q)E-awot5= ..Q Q) m U) ::J ::J..c..:!2 o.=m....cu"C"O_o uoii:CJCJEEenu II II II II II II II II II "0 "0 ~ -g o -C'Q) '8:5"0 :5""C"'Co,-=::: ..c:a>o fb Q) 0 o.J:::;"::;"'C'U):2:.c S ~:5..c:Q)w~~<(Q) o DC OlCil:20Cil <:2 ~ g~~<C~:2~~<C :!: ou<cit>-Q.Q.e:::;J; Uou.CJJ:!:2!:2enu Ol :a .. I- -m::Cu:CQ)'cCi:2:=- it ~ Ol ii .. .<: U Ol Ol .e c;;- o o N 0: w en ::> a! '=- -' :2 r:: Ol > '0, Ol :5 Ol II> :::I <Ii Ol :::I .!< r:: .r: o .Sl Ol ., Ol :5 ~ .l2 ~ :::I o r:: ~ ~ ,g ~ "E Ol E :::I ~ u; .!: r:: .. .!: r:: o ~ - r:: l'l r:: o o "E .. "0 r:: .. . -~ ""., 0'Q) Ol > ~ Ol 0-' -. Ol E '<::::1 -E ~.- ._ r:: E"- ~:2 2'0 Ol Ol "0., f!.? -31- TABLE 11-4 MINIMUM" lEVELS - PESTICIDES AND PCBs Pesticides - PCB's CAS Number Aldrin Chlordane 4,4'-DDD 4,4'-DDE 4,4'-DDT Dieldrin a-Endosulfan b-Endosulfan Endosulfan Sulfate Endrin Heptachlor Heptachlor Epoxide a-Hexachlorocyclohexane b-Hexachlorocyclohexane d-Hexachlorocyclohexane g-Hexachlorocyclohexane (Lindane) PCB 1016 PCB 1221 PCB 1232 PCB 1242 PCB 1248 PCB 1254 PCB 1260 Toxaphene 309002 57749 72548 72559 50293 60571 959988 33213659 1031078 72208 76448 1024573 319846 319857 319868 58899 8001352 Minimum" level (ug/L) GC Method"" 0.005 0.1 0.05 0.05 0.01 0.01 0.02 0.01 0.05 0.01 0.01 0.01 0.01 0.005 0.005 0.02 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 Table 11-4 Notes a) GC Method = 'Gas Chromatography " To determine the lowest standard concentration in an instrument calibration curve for this technique, multiply the given ML by 100 (see Chapter III, "Use of Minimum' Levels"). -32- APPENDIX III STANDARD MONITORING PROCEDURES The purpose of this appendix is to provide direction to the Regional Boards on the implementation of the California Ocean Plan and to ensure the reporting of useful information. It is not feasible to cover all circumstances and conditions that could be encountered by all dischargers. Therefore, this appendix should be considered as the basic component of any discharger monitoring program. Regional Boards can deviate from the procedures required in the appendix only with the approval of the State Water Resources Control Board unless the Ocean Plan allows for the selection of alternate protocols by the Regional Boards. If no direction is given in this appendix for a specific provision of the Ocean Plan, it is within the discretion of the Regional Board to establish the monitoring requirements for the provision. The following text is referenced by applicable Qhapter in the Ocean Plan. All references to 40 CFR PART 136 are to the revised edition of May 14, 1999. Ocean Plan Chapter II. B. Bacterial Standards: For all bacterial analyses, sample dilutions should be performed so the range of values extends from 2 to 16,00'0. The detection methods used for each analysis shall be reported with the results of the analysis. Detection methods used for coliforms (total and fecal) shall be those presented in Table 1A of 40 CFR PART 136, unless alternate methods have been approved in advance by US EPA pursuant to 40 CFR PART 136. Detection methods used for enterococcus shall be those presented in EPA publication EPA 600/4-85/076, Test Methods for Escherichia coli and Enterococci in Water Bv Membrane Filter Procedure or any improvedmethod determined by the Regional Board to be appropriate. Ocean Plan Chapter II. H Table B. Compliance with Table B Obiectives: Procedures, calibration techniques, and instrument/reagent specifications used to determine compliance with Table B shall conform to the requirements of federal regulations (40 CFR PART 136). All methods shall be specified in the monitoring requirement section of waste discharge requirements. Where methods are not available in 40 CFR PART 136, the Regional Boards shall specify suitable analytical methods in waste discharge requirements. Acceptance of data should be predicated on demonstrated laboratory performance. Laboratories analyzing monitoring data shall be certified by the Department of Health Services, in accordance with the provisions of Section 13176 CWC, and must include quality assurance quality control data with their reports. . The State or Regional Board may, subject to EPA approval, specify test methods which are more sensitive than those specified in 40 CFR PART 136. Total chlorine residual. is likely to be a method detection limit effluent limitation in many cases. The limit of detection of total chlorine residual in standard test methods is less than or equal to 20 ugll. -33- Monitoring for the substances in Table B shall be required periodically. For discharges less than 1 MGD (million gallons per day), the monitoring of all the Table B parameters should consist of at least one complete scan of the Table B constituents one time in the life of the waste discharge requirements. For discharges between 1 and 10 MGD, the monitoring frequency shall be at least one complete scan of the Table B substances annually. Discharges greater than 10 MGD shall be required to monitor at least semiannually. Compliance monitoring for the acute toxicity objective (TUa) in Table B shall be determined using an US EPA approved protocol as provided in 40 CFR PART 136. Acute toxicity monitoring requirements in permits prepared by the Regional Boards shall use marine test species instead of freshwater species when measuring compliance. The Regional Board shall require the use of critical life stage toxicity tests specified in this Appendix to measure TUc. Other species or protocols will be added to the list after SWRCB review and approval. A minimum of three test species with approved test protocols shall be used to measure compliance with the toxicity objective. If possible, the test species shall include a fish, an invertebrate, and an aquatic plant. After a screening period, monitoring can be reduced to the most sensitive species. Dilution and control water should be obtained from an unaffected area of the receiving waters. The sensitivity of the test organisms to a reference toxicant shall be determined concurrently with each bioassay test and reported with the test results. Use of critical life stage bioassay testing shall be included in waste discharge requirements as a monitoring requirement for all discharges greater than 100 MGD by January 1, 1991 at the latest. For other major dischargers, critical life stage bioassay testing shall be included as a monitoring requirement one year before the waste discharge requirement is scheduled for renewal. The tests presented in Table 111-1 shall be used to measure TUc. Other tests may be added to the list when approved by the State Board. . -34- TABLE 111-1 APPROVED TESTS - CHRONIC TOXICITY (TUc) . . , Species Effect Tier Reference giant kelp, Macrocystis percent germination; 1 1,3 pyrifera germ tube length red abalone, Haliotis Abnormal shell 1 1,3 rufescens development oyster, Grassostrea gigas; Abnormal shell 1 1,3 mussels, Mytilus spp. development; percent survival urchin, Strongylocentrotus Percent normal 1 1,3 purpuratus; sand dollar, development Dendraster excentricus urchin, Strongylocentrotus Percent fertilization 1 1,3 purpuratus; sand dollar, Dendraster excentricus shrimp, Holmesimysis costata Percent survival; 1 1,3 growth shrimp, Mysidopsis bahia Percent survival; 2 2,4 growth; fecundity' topsmelt, Atherinops affinis larval growth rate; 1 1,3 percent survival Silvers ides, Menidia beryllina larval growth rate; 2 2,4 percent survival Table 111-1 Notes The first tier test methods are the preferred toxicity tests for compliance monitoring. A Regional Board can approve the use of a second tier test method for waste discharges if first tier organisms are not available. -35- Protocol References 1. Chapman, GA, D.L. Denton, and J.M. Lazorchak. 1995. Short-term methods for estimating the chronic toxicity of effluents and receiving waters to west coast marine and estuarine organisms. U.S. EPA Report No. EPA/600/R-95/136. 2. Klemm, D.J., G.E. Morrison, T.J. Norberg-King, w.J. Peltier, and MA Heber. 1994. Short-term methods for estimating the chronic toxicity of effluents and receiving water to marine and estuarine organisms. U.S. EPA Report No. EPA-600-4-91-003. 3. SWRCB 1996. Procedures Manual for Conducting Toxicity Tests Developed by the Marine Bioassay Project. 96-1WQ. 4. Weber, C.I., W.B. Horning, 1.1., D.J. Klemm, T.W. Nieheisel, PA Lewis, E.L. Robinson, J. Menkedick and F. Kessler (eds). 1988. Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms.' EPA/600/4-87/028. National Information SerVice, Springfield, VA. -36- APPENDIX IV PROCEDURES FOR THE NOMINATION AND DESIGNATION OF . . AREAS. OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBS). 1. Any person may nominate areas of ocean waters for designation as ASBS by the SWRCB. Nominations shall be made to the appropriate RWQCB and shall include: (a) Information such as maps, reports, data, statements, and photographs to show that: (1) Candidate areas are located in ocean waters as defined in the "Ocean Plan". (2) Candidate areas are intrinsically valuable or have recognized value to man for scientific study, commercial use, recreational use, or esthetic reasons. . . (3) Candidate areas need protection beyond that offered by waste discharge restrictions or other administrative and statutory mechanisms. (b) Data and information to indicate whether the proposed designation may have a significant effect on the environment (1) If the data or information indicate that the proposed designation will have a significant effect on the environment, the nominee must submit sufficient information and data to identify feasible changes in the designation that will mitigate or avoid the significant environmental effects. 2. The SWRCB or a RWQCB may also nominate areas for designation as ASBS on their own motion. 3. A RWQCB may decide to (a) consider individual ASBS nominations upon receipt, (b) consider several nominations in a consolidated proceeding, or (c) consider nominations in the triennial review of its water quality control plan (basin plan). A nomination that meets the requirements of 1. above may be considered at any time but not later than the next scheduled triennial review of the appropriate basin plan or Ocean Plan. 4. After determining that a nomination meets the requirements of paragraph 1. above, the Executive Officer of the affected RWQCB shall prepare a Draft Nomination Report containing the following: (a) The area or areas nominated for designation as ASBS. (b) A description of each area including a map delineating the boundaries of each proposed area. (c) A recommendation for action on the nomination(s) and the rationale for the recommendation. If the Draft Nomination Report recommends approval of the proposed designation, the Draft Nomination Report shall comply with the CEQA documentation requirements for a water quality control plan amendment in Section 3777, Title 23, California Code of Regulations. -37- 5. The Executive Officer shall, at a minimum, seek informal comment on the Draft Nomination Report from the SWRCB, Department of Fish and Game, other interested state and federal agencies, conservation groups, affected waste dischargers, and other interested parties. Upon incorporation of responses from the consulted agencies, the Draft Nomination Report shall become the Final Nomination Report. 6. (a) If the Final Nomination Report recommends approval of the proposed designation, the Executive Officer shall ensure that processing of the nomination complies with the CEQA consultation requirements in Section 3778, Title 23, California Code of Regulations and proceed to step 7 below. (b) If the Final Nomination Report recommends against approval of the proposed designation, the Executive Officer shall notify interested parties of the decision. No further action need be taken. The nominating party may seek reconsideration of the decision by the RWQCB itself. 7. The RWQCB shall conduct a public hearing to receive testimony on the. proposed designation. Notice of the hearing shall be published three times in a newspaper of general circulation in the vicinity of the proposed area or areas and shall be distributed to all known interested parties 45 days in advance of the hearing. The notice shall describe the location, boundaries, and extent of the area or areas under consideration, as well as proposed restrictions on waste discharges within the area. 8. The RWQCBshall respond to comments as required in Section 3779, Title 23, California Code of Regulations, and 40 C.F.R. Part 25 (July 1, 1999). 9. The RWQCB shall consider the nomination after completing the required public review processes required by CEQA. (a) If the RWQCB supports the recommendation for designation, the board shall forward to the SWRCB its recommendation for approving designation of the proposed area or areas and the supporting rationale. The RWQCB submittal shall include a copy of the staff report, hearing transcript, comments, and responses to comments. (b) If the RWQCB does not support the recommendation for designation, the Executive Officer shall notify interested parties of the decision, and no further action need be taken. 10. After considering the RWQCB recommendation and hearing record, the SWRCB may approve or deny the recommendation, refer the matter to the RWQCB for appropriate action, or conduct further hearing itself. If the SWRCB acts to approve a recommended designation, the SWRCB shall amend Appendix V, Table V-1, of this Plan. The amendment will go into effect after approval by the Office of Administrative Law and US EPA. In addition, after the effective date of a designation, the affected RWQCB shall revise its water quality control plan in the next triennial review to include the designation. 11. The SWRCB Executive Director shall advise other agencies to whom the list of designated areas is to be provided that the basis for an ASBS designation is limited to protection of marine life from waste discharges. -38- APPENDIX V AREAS. OF SPECIAL ,BIOLOGICAL SIGNIFICANCE TABLE V-1 AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE (DESIGNATED OR APPROVED BY THE STATEWATER RESOURCES CONTROL BOARD) Date SWRCB Region No. ASBS Name Designated Resolution No. No. 1. Pygmy Forest Ecological Staircase March 21,1974, 74-28 1 2. Del Mar landing Ecological Reserve . March 21,1974, 74-28 1 3. Gerstle Cove March 21,1974, 74-28 1 4. Bodega Marine Life Refuge March 21,1974, 74-28 1 5, Kelp Beds at Saunders Reef March 21, 1974, 74-28 1 6. Kelp Beds at Trinidad Head March 21, 1974, 74-28 1 7. Kings Range National Conservation Area March 21,1974, 74-28 1 8, Redwoods National Park March 21,1974, . 74-28 1 9. James V. Fitzgerald Marine Reserve March 21,1974, 74-28 2 10. Farallon Island March 21,1974, 74-28 2 11. Duxbury Reef Reserve and Extension March 21,1974, 74-28 2 12. Point Reyes Headland Reserye and Extension March 21,1974, 74-28 2 13. Double Point March 21,1974, 74-28 2 14. Bird Rock March 21,1974, 74-28 2 15. Ano Nuevo Point and Island March 21,1974, 74-28 3 16. Point Lobos Ecological Reserve March 21,1974, 74-28. 3 17. San Miguel, Santa Rosa, and Santa Cruz . March 21,1974, 74-28 4 Islands 18. Julia Pfeiffer Burns Underwater Park ' March 21, 1974, 74-28 3 19. Pacific Grove Marine Gardens Fish Refuge and March 21,1974, 74-28 3 Hopkins Marine Life Refuge 20. Ocean Area Surrounding the Mouth of Salmon March 21,1974, 74-28 3 Creek 21. San Nicolas Island and Begg Rock March 21,1974, 74-28 4 22. Santa Barbara Island, Santa Barbara County March 21,1974, 74-28 4 and Anacapa Island 23. San Clemente Island March 21,1974, 74-28 4 Table V-1 Continued on next page... -39- Table V-1 (Continued) Areas of Special Biological Significance (Designated or Approved by the State Water Resources Control Board) Date SWRCB Region No. ASBS Name Designated Resolution No. No. 24. Mugu Lagoon to Latigo Point March 21,1974, 74-28 4 25. Santa Catalina Island - Subarea One, Isthmus March 21,1974, 74-28 4 Cove to Catalina Head 26. Santa Catalina Island - Subarea Two, North End March 21,1974, 74-28 4 of Little Harbor to Ben Weston Point 27. Santa Catalina Island - Subarea Three, March 21,1974, 74-28 4 Farnsworth Bank Ecological Reserve 28. Santa Catalina Island - Subarea Four, Binnacle March 21,1974, 74-28 4 Rock to Jewfish Point 29. San Diego-La Jolla Ecological Reserve March 21,1974, 74-28 9 30. Heisler Park Ecological Reserve March 21,1974, 74-28 9 31. San Diego Marine Life Refuge March 21,1974, 74-28 9 32. Newport Beach Marine Life Refuge April 18, 1974 74-32 8 33. Irvine Coast Marine Life Refuge April 18, 1974 74-32 8 34. Carmel Bay June 19, 1975 75-61 3 APPENDIX D: WASTE DISCHARGE REPORT FORM 200 INTRODUCTION This application package constitutes a Report of Waste Discharge (ROWD) pursuant to California Water Code Section 13260. Section 13260 states that persons discharging or proposing to discharge waste that could affect the quality of the waters of the State, other than into a community sewer system, shall file a ROWD containing information which may be required by the appropriate Regional Water Quality Control Board (RWQCB). This package is to be used to start the application process for all waste discharge requirements (WDRs) and National Pollutant Discharge Elimination System (NPDES) permits' issued by a RWQCB except: a) Those landfill facilities that must use a joint Solid Waste Facility Permit Application Form, California Integrated Waste Management Board Form E-I-77; and b) General WDRs or general NPDES permits that use a Notice of Intent to comply or specify the use of an alternative application form designed for that permit. This application package contains: I. Application/General Information Form for WDRs and NPDES Permits [Form 200 (10/97)]. 2. Application/General Information Instructions. Instructions Instructions are provided to assist you with completion of the application. If you are unable to find the answers to your questions or need assistance with the completion of the application package, please contact your RWQCB representative. The RWQCBs strongly recommend that you make initial telephone or personal contact with RWQCB regulatory staff to discuss a proposed new discharge before submittingyour application. The RWQCB representative will be able to answer procedural and annual fee related questions that you may have. (See map and telephone numbers inside of application coveL) All dischargers regulated under WDRs and NPDES permits must pay an annual fee, except dairies, which pay a filing fee only. The RWQCB will notify you of your annual fee based on an evaluation of your proposed discharge. Please do NOT submit a check for your first annual fee or filing fee until requested to do so by a RWQCB representative. Dischargers applying for reissuance (renewal) of an existil1g NPDES permit or update of an existing WDR will be billed through the annual fee billing system and are therefore requested NOT to submit a check with their application. Checks should be made payable to the State Water Resources Control Board. Additional Information Reauirements A RWQCB representative will notify you within 30 days of receipt of the application form and any supplemental documents whether your application is complete. If your application is incomplete, the RWQCB representative will send you a detailed list of discharge specific information necessary to complete the application process. The completion date of your application is normally the date when all required information, including the correct fee, is received by the RWQCB. · NPDES PERMITS: If you are applying for a permit to discharge to surface water, you will need an NPDES permit which is issued under both State and Federal law and may be required to complete one or more of the following Federal NPDES permit application forms: Short Form A, Standard Form A, Forms I, 2B, 2C, 2D, 2E, and 2F. These forms may be obtained at a RWQCB office or can be ordered from the National Center for Environmental Publications and Information at (513) 891-6561. Page 2 CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY e Stale of California Regional Water Quality Control Board APPLICATION/REPORT OF WASTE DISCHARGE GENERAL INFORMATION FORM FOR WASTE DISCHARGE REQUIREMENTS OR NPDES PERMIT INSTRUCTIONS FOR COMPLETING THE APPLICATION/REPORT OF WASTE DISCHARGE GENERAL INFORMATION FORM FOR: WASTE DISCHARGE REQUlREMENTS/NPDES PERMIT If you have any questions on the completion of any part of the application, please contact yOUf RWQCB representative. A map of RWQCB locations, addresses, and telephone numbers is located on the reverse side of the application coveT. .L. FACIUTY INFORMATION You must provide the factual information listed below for ALL owners, operators, and locations and, where appropriate, for ALL general partners and lease holders. A. FACILITY: Legal name, physical address including the county, person to contact, and phone number at the facility. (NO P.O. Box numbers! If no address exists, use street and nearest cross street.) B. FACILITY OWNER: Legal owner, address, person to contact, and phone number. Also include the owner's Federal Tax Identification Number. OWNER TYPE: Check the appropriate Owner Type. The legal owner will be named in the WDRsINPDES permit. C. FACILITY OPERATOR (Tbe aa:ency or business, not tbe person): If applicable, the name, address, person to contact, and telephone number for the facility operator. Check the 'appropriate Operator Type. If identical to B. above, enter "same as owner". D. OWNER OF THE LAND: Legal owner of the land(s) where the facility is located, address, person to contact, and phone number. Check the appropriate Owner Type. If identical to B. above, enter "same as owner". E. ADDRESS WHERE LEGAL NOTICE MAY BE SERVED: Address where legal notice may be served, person to contact, and phone number. If identical to B. above, enter "same as owner". F. BILLING ADDRESS Address where annual fee invoices should be sent, person to contact, and phone number. If identical to B. above, enter "same as owner". FQtIll200(6/97) Page 3 CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY e State of California Regional Water Quality Control Board APPLICATION/REPORT OF WASTE DISCHARGE GENERAL INFORMATION FORM FOR WASTE DISCHARGE REQUIREMENTS OR NPDES PERMIT lL TYPE OF DISCHARGE Check the appropriate box to describe whether the waste will be discharged to: A. Land, or B. Surface Water. Check the appropriate box(es) which best describe the activities at your facility. Hazardous Waste - If you check the Hazardous Waste box, STOP and contact a representative of the RWQCB for further instructions. Landfills - A separate form, APPLICATION FOR SOLID WASTE FACILITY PERMIT/WASTE DISCHARGE REQUIREMENTS, California Integrated Waste Management Board Form E-1-77, may be required. Contact a RWQCB representative to help determine the appropriate form for your discharge. ill. LOCATION OF THE FACII.ITY 1. Enter the Assessor's Parcel Number{s) (APN), which is located on the property tax bill. The number can also be obtained from the County Assessor~s Office. Indicate the APN for both the facility and the discharge point. 2. Enter the Latitude of the entrance to the proposed/existing facility and of the discharge point. Latitude and longi. tude information can be obtained from a U.S. Geological Survey quadrangle topographic map. Other maps may also contain this information. 3. Enter the Longitude of the entrance to the proposed/existing facility and of the discharge point. n::. REASON FOR FlUNG NEW DISCHARGE OR FACILITY: A discharge or facility that is proposed but does not now exist, or that does not yet have WDRs or an NPDES permit. CHANGE IN DESIGN OR OPERATION: A material change in design or operation from existing discharge requirements. Final determination of whether the reported change is material will be made by the RWQCB. CHANGE IN QUANTlTY/TYPE OF DISCHARGE: A material change in characteristics of the waste from existing discharge requirements. Final determination of whether the reported change would have a significant effect will be made by the RWQCB. CHANGE IN OWNERSHIP/OPERATOR: Change of legal owner of the facility. Complete Parts I, III, and IV only and contact the RWQCB to determine if additional information is required. WASTE DISCHARGE REQUIREMENTS UPDATE OR NPDES PERMIT REISSUANCE: WDRs must be update~ periodically to reflect changing technology standards and conditions. A new application is required to reissue an NPDE5 permit which has expired. OTHER: If there is a reason other than the ones listed, please describe the reason on the space provided. (If more space is needed, attach a separate sheet.) Fotll'lZOO(6/97) Page 4 CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY e Slate of California Regional Water Quality Control Board APPLICATION/REPORT OF WASTE DISCHARGE GENERAL INFORMATION FORM FOR WASTE DISCHARGE REQUIREMENTS OR NPDES PERMIT y. C.ALlFORNIA ENVIRONMENTAL OUALlTV AC.T ICEOAl It should be emphasized that communication with the appropriate RWQCB staff is vital before starting the CEQA documentation, and is recommended before completing this application. There afC Basin Plan issues which may complicate the CEQA effort, and RWQCB staff may be able to help in providing the needed information to complete the CEQA documentation. Name the Lead Agency responsible for completion of CEQA requirements for the project, Le., completion and certification of CEQA documentation. Check YES or NO. Has a public agency determined that the proposed project is exempt from CEQA? If the answer is YES, state the basis for the exemption and the name of the agency supplying the exemption on the space provided. (Remember that, if extra space is needed, use an extra sheet of paper, but be sure to indicate the attached sheet under Section VII. Other.) Check YES or NO. Has the "Notice of Determination" been filed under CEQA? If YES, give the date the notice was filed and enclose a copy of the Notice of Determination and the Initial Study, Environmental Impact Report, or Negative Declaration. If NO, check the box of the expected type of CEQA document for this project, and include the expected date of completion using the time lines given under CEQA. The date of completion should be taken as the date that the Notice of Determination will be submitted. (If not known, write "Unknown") YI. OTHER REOUlRED INFORMATION To be approved, your application MUST include a COMPLETE characterization of the discharge. If the characterization is found to be incomplete, RWQCB staff will contact you and request that additional specific information be submitted. This application MUST be accompanied by a site map. A USGS 7.5' Quadrangle map or a street map, if more appropriate, is sufficient for most applications. Yll. OTHER If any of the answers on your application fonn need further explanation, attach a separate sheet. Please list any attachments with the titles and dates on the space provided. VIII. CERTIFICATION Certification by the owner of the facility or the operator of the facility, if the operator is different from the owner, is required. The appropriate person must sign the application form. Acceptable signatures are: I. for a corporation,. a principal executive officer of at least the level of senior vice-president; 2. for a partnership or individual (sole proprietorship), a general partner or the proprietor; 3. for a governmental or public agency, either a principal executive officer or ranking elected/appointed official. DISCHARGE SPECIFIC INFORMATION In most cases, a request to supply additional discharge specific information will be sent to you by a representative of the RWQCB. If the RWQCB determines that additional discharge specific information is not needed to process your applica- tion, you will be so notified. rorm200(6/97} Page 5 CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY e StateofCaIifomia Regional Water Quality Control Board APPLICATION/REPORT OF WASTE DISCHARGE GENERAL INFORMATION FORM FOR WASTE DISCHARGE REQUIREMENTS OR NPDES PERMIT I FACILITY INFORMATION A. Facilitv: Name; Address: City: I County, state, I Zip Code: Contact Parson: TB1ephone Number: B. Facilitv Owner: Name: Owner Type (Check One) L 0 Indiv.id>al 2. o _t<= AddrIlllSS: 3. 0 Govarnmontal 4.0_ Aqonoy City: State: z;"Calo, S. DOt,,,.,, Contact Parson: TeJ.ephona -, ,- F8d8ra1 '!'ax m: c. Facility Operator (The agency or business, not the person): Name: Operator Type (Check ene) LO Irdividual. 2. 0 _tion Address: 3.0 Gove:rnmenta1 4. 0- Agency City' I state, Zip Code: s.0 """"', Contact Person: TeJ.ephona -, D. Owner ofthe Land: Name: Owner Type (Check ana) 0 L 0 Indiv.id>al 2. Co%poration Address: 3.0 Govemmen"tal 4. 0 - Agency City: I stata, Zip Code: s.0 """"', Contact Person: 'l'elephone Nurrber: E. Address Where Legal Notice May Be Served: Address: City: I stata, Zip Code: Contact Person: Telephone N\mlber: ~ B"" Add 111m!! ress: 1ddress: City: I stata, Zip Code: Contact Person: Telephone Nuraber: Fo~.. 200 (6/97) Page 6 CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY e State of California Regional Water Quality Control Board APPLICATION/REPORT OF WASTE DISCHARGE GENERAL INFORMATION FORM FOR WASTE DISCHARGE REQUIREMENTS OR NPDES PERMIT II. TYPE OF DISCHARGE Check Type of Discharge(s) Described in tbis Application (A or B): D A. WASTE DISCHARGE TO LAND D B. WASTE DISCHARGE TO SURFACE WATER Check all tbat apply: D DomesticlMunicipal Wastewater Treatment and DIsposal D Cooling Water D Mining D Waste Pile D Wastewater Reclamation D Other, please describe: D Animal Waste Solids D Land Treatment Unit D Dredge Material Disposal D Surface Impoundment D Industrial Process Wastewater D D D D D Animal or Aquacultural Wastewater BiosolidslResidual Hazardous Waste (see instructions) Landfill (see instructions) Stonn Water , III. LOCATION OF THE FACILITY Describe the physical location of the facility. 1. Assessor's Parcel Number(s) Facility: Discharge Point: 2. Latitude Facility: Discharge Point: 3. Longitude Facility: Discharge Point: IV. REASON FOR FILING D New Discharge or Facility D Changes in Ownership/Operator (see instructions) D Change in Design or Operation D Waste Discharge Requirements Update or NPDES Pennit Reissuance D Change in QuantitylType of Discharge D Other: V. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Name of Lead Agency: Has a public agency determined that the proposed project is exempt from CEQA? 0 Yes 0 No If Yes, state the basis for tbe exemption and the name of the agency supplying the exemption on the line below. Basis for Exemption/Agency: Has a "Notice of Determination" been filed under CEQA? DYes 0 No If Yes, enclose a copy of the CEQA document, Environmental Impact Report, or Negative Declaration. If no, identify the expected type_ of CEQA document and expected date of completion. Expected CEQA Documents: D EIR D Negative Declaration I Expected CEQA Completion Date: I FOCII\200(6/91} Page 7 CALIFORNIA ENVIRONMENTAL e~ Stale of California Regional Waler Quality Control Board APPLICATION/REPORT OF WASTE DISCHARGE GENERAL INFORMATION FORM FOR WASTE DISCHARGE REQUIREMENTS OR NPDES PERMIT VI. OTHER REQUIRED INFORMATION Please provide a COMPLETE characterization of your discharge. A complete characterization includes, but is not limited to, design and actual flows, a list of constituents and the discharge concentration of each constituent, a list of other appropriate waste discharge characteristics, a description and schematic drawing of all treatment processes, a description of any Best Management Practices (BMPs) used, and a description of disposal methods. Also include a site map showing the location of the facility and, if you are submitting this application for an NPDES permit, identify the surface water to which you propose to discharge. Please try to limit your maps to a scale of 1:24,000 (7.5' USGS Quadrangle) or a street map, if more appropriate. VII. OTHER Attach additional sbeets to explain any responses which need c1arificatioD. List attachments with titles aod dates below: You will be notified by a representative urtbe RWQCB within 30 days of receipt of your application. The notice will state if your application is complete or ifthere is additional information you must submit to complete your ApplicationJReport of Waste Discharge, pursuant to Division 7, Section 13260 ortbe California Water Code. VIII. CERTIFICATION "I certify under penalty of law that this document, including all attachments and supplemental information, were prepared under my direction and supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including tbe possibility of fine and imprisonment." Print Name: Title: Signature: Date: FOR OFFICE USE ONLY Date Form 200 Received: Letter 10 Discharger: Fee Amount Received: Check II: Fo~m 200(6/97) California Environmental Protection Agency Bill of Rights for Environmental Permit Applicants California Environmental Protection Agency (CallEPA) recognizes that many complex issues must be addressed when pursuing reforms of environmental permits and that significant challenges remain. We have initiated reforms and intend to continue the effort to make environmental permitting more efficient. less costly, and to ensure that those seeking permits receive timely responses from the boards and departments of the Cal/EPA. To further this goal, CallEPA endorses the following precepts that form the basis of a permit applicant's "Bill of Rights." 1. Permit applicants have the right to assistance in understanding regulatory and permit requirements. All Cal/EPA programs maintain an Ombudsman to work directly with applicants. Permit Assistance Centers located throughout California have permit specialists from all the State, regional, and local agencies to identify permit requirements and assist in permit processing. 2. Permit applicants have the right to know the projected fees for review of applications, how any costs will be determined and billed, and procedures for resolving any disputes over fee billings. 3. Permit applicants have the right of access to complete and clearly written guidance documents that explain the regulatory requirements. Agencies must publish a list of all information required in a permit application and of criteria used to determine whether the submitted information is adequate. 4. Permit applicants have the right of timely completeness determinations for their applications. In general, agencies notify the applicant within 30 days of any deficiencies or determine that the application is complete. California Environmental Quality Act (CEQA) and public hearing requests may require additional information. 5. Permit applicants have the right to know exactly how their applications are deficient and what further information is needed to make their applications complete. Pursuant to California Government code Section 65944, after an application is accepted as complete, an agency may not request any new or additional information that was not specified in the original application. 6. Permit applicants have the right of a timely decision on their permit application. The agencies are required to establish time limits for permit reviews. 1. Permit applicants have the right to appeal permit review time limits by statute or administratively that have been violated without good cause. For state environmental agencies, appeals are made directly to the CaUEPA Secretary or to a specific board. For local environmental agencies, appeals are generally made to the local governing board or, under certain circumstances, to CaIlEPA. Through this appeal, applicants may obtain a set date for a decision on their permit and, in some cases, a refund of all application fees (ask boards and departments for details). 8. Permit applicants have the right to work with a single lead agency where multiple environmental approvals are needed. For multiple permits, all agency actions can be consolidated under a lead agency. For site remediation, all applicable laws can be administered through a single agency. 9. Permit applicants have the right to know who will be reviewing their application and the time required to complete the full review process. APPENDIX E: COASTAL COMMISSION PERMIT APPLICATION STATE OF CALIFORNIA-THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, GOVERNOR CALIFORNIA COASTAL COMMISSION 45 FREMONT ST. SUITE 2000 SAN FRANCISCO. CA 94105-2219 VOICE (415) 904-5200 FAX (415) 904-5400 8) Dear Applicant for Energy or Ocean Resource Related Project: Enclosed is an application packet for a coastal development permit. When the application form is completed and returned to this office, along with all of the necessary attachments (see pages 7 and 8), your application will be processed as speedily as possible. To assist you, a checklist and an application fee schedule are attached. When your application is received, an application number will be assigned to your project. Please refer to this number in any correspondence which may follow. You will be notified as soon as your application has been found to be complete and has been filed. In the event additional information is required to complete your application, you will be contacted within thirty days. When your application is submitted to this office, the project site must be posted with the "Notice of Pending Permit" card which is enclosed. This notice must be placed in a conspicuous place, easily readable by the public and as close as possible to the property line or access road of the proposed development. Such public posting is required by Section 13054(b) of the California Administrative Code and serves to inform members of the public that a coastal development is proposed for posted site. The posted notice will also help our staff member to locate your property. After you post the notice, please complete the Declaration of Posting form (Appendix D) and return it to this office. You may do this at the same time that you submit the application itself. If you have any questions concerning this procedure, please do not hesitate to contact this office. Sincerely, ALISON J. DETTMER Manager, Energy and Ocean Resources Unit Revised 9/9/03 STATE OF CALIFORNIA-THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, GOVERNOR CALIFORNIA COASTAL COMMISSION 45 FREMONT ST. SUITE 2000 SAN FRANCISCO, CA 94105-2219 VOICE (415) 904-5200 FAX (415) 904.5400 G PERMIT APPLICATION INSTRUCTIONS A completed application includes the ApPLICATION FOR COASTAL DEVELOPMENT PERMIT, the appendices to the application, and Required Attachments. . Please answer all questions. If a question is not applicable to your project, indicate 'N.A." . Refer to pages 8 - 9 of the ApPLICATION for a list of Required Attachments. . Incomplete applications will not be accepted for filing. . All exhibits must be legible. The following checklist is provided for the convenience of applicants in gathering necessary application materials; it is not a complete statement of filing requirements. o Proof of applicant's interest in the property. ................................................................ Assessor's parcel map(s) showing the proposed development site and all adjacent o properties within 100 feet of the property boundary. .................................................... Stamped envelopes (no postage meter please) addressed to neighboring property o owners and occupants and other interested parties and a list of the same. ................ o Vicinity map. ............................................................................................. ................... 0' One set of project plan(s), site plan(s), and applicable other plans. ............................. Copy of any environmental documents (DRAFT AND FINAL EIRs, EISs, NEGATIVE o DECLARATION) if prepared for the project and any comments and responses. ............. Verification of all other permits, permissions or approvals applied for or granted by o public agencies. ........................................................................................................... o Copy of geology or soils report (if necessary). ............................................................ o Local approval ofthe project. ...................................................................................... o Has the Notice of Pending Permit been posted in a conspicuous place? .................... o Filing fee. ...... .......... ............................ ....................................................................... Have you and the agent (if appropriate) signed the application at the appropriate lines on pages 9, o 10, and 13? Page Item 7 1 7 2 7,8 4,5 8 6 8 7,11 8 9 8 10 8 11 Appendix B _ Appendix D Appendix E STATE OF CALIFORNIA-THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, GOVERNOR CALIFORNIA COASTAL COMMISSION 4S FREMONT ST. SUITE 2000 SAN FRANCISCO. CA 94105~2219 VOICE (415) 904-5200 FAX (415) 904-5400 . APPLICATION FOR COASTAL DEVELOPMENT PERMIT SECTION I. APPLICANT 1. Name, mailing address, and telephone number of all applicants. (Area code/daytime phone number) Note: All applicants for the development must complete Appendix A, the declaration of campaign contributions. 2. Name, mailing address and telephone number of applicant's representatives, if any. Please include all representatives who will communicate on beha~ of the applicant or the applicant's business partners, for compensation, with the Commission or the staff. (It is the applicant's responsibility to update this list, as appropriate, including after the application is accepted for filing. Failure to provide this information prior to communication with the Commission or staff may result in denial of the permit or criminal penalties.) (Area code/daytime phone number) SECTION II. PROPOSED DEVELOPMENT Please answer all questions. Where questions do not apply to your project (for instance, project height for a land division), indicate Not Applicable or N.A. 1. Project Location. Include street address, city, and/or county. If there is no street address, include other description such as nearest cross streets. numberstreef ~ co~ Assessor's Parcel Number(s) (obtainable from tax bill or County Assessor): FOR OFFICE USE ONt Y ApPLICATION NUMBER RECEIVEO FILED FEE DATE PAlO 2. Describe the proposed development in detail. Include secondary improvements such as grading, septic tanks, water wells, roads, driveways, outbuildings, fences, etc. (Attach additional sheets as necessary.) Existing units Proposed new units Net number of units on completion of "act '.'h':','.":,':;" T~.';:-'~' Number of ~dr06ms per unit ' (both existi.ng and proposed) , . :STyj)e~iownership , }', proposed ' Drental Dcondominium Dstock cooperative Dtime share Dother Nlim.bEl~Qjunits "{" ' \":;-,~i';:'.; b. If land division or lot line adjustment, indicate: Existing lots Number of lots Proposed new lots Net number of lots on comnletion of oroiect Size of 'tots fo be created (indicate nel or gi'oss acreage) Existing Proposed 2 Revised 9/9/03 3. Estimated cost of development (not including cost of land) $ 4. Project height: Maximum height of structure (ft.) . above existing (natural) grade ................................. . above finished grade ............................................. . as measured from centerline of frontage road ....... 5. Total number of floors in structure, including subterranean floors, lofts, and mezzanines..................... 6. Gross floor area excluding parking (sq.ft.) .................... Gross floor area including covered parking and accessory buildings (sq.ft.) ........................................... 7. Lot area (within property lines) (sq.ft. or acre) .................... Lot coverage ........ .' .", " E. xisting (sq.ff.oraera) .' ',. . ... , . . New proposed (stiff. 0; acre) Total (sq.ff.'o~lEre) Building Paved area Landscaped area Unimproved area ". "..",0.,.,.... . .c>",,'..<.. ,.,.' c. ., . .m"qrahdr ota/(shquldfl(juaf/oi ii~a~ shoWpjry IIMb1i'i'6j.! 8. Is any grading proposed? ............................................................................0 Yes o No Ji}'ils; co,!,Plete~th~'fo"6~ing" a) Amount of cut d d) Maximum height of cu. y s. cut slope ft. b) Amountoffill d ) Maximum height of cU.ys. e fill slope ft. c) Amount of import or export (circle which) Location of borrow cu. yds. n or disposal site Grading. drainage. and erosion control plans must be included with this application, if applicable. In certain areas, an engineering geology report must also be included. See page 7, items # 7 and 11. Please list any geologic or other technical reports of which you are aware that apply to this property: 3 Revised 9/9/03 9. Parking: Number ?fparkingspaces(indicatewhether Standard or compact) Existing Spaces Proposed new spaces " Net number of spaces on completion of project Is any existing parking being removed?........................................................ If yes, how many spaces? size Is tandem parking existing andlor proposed? ............................................... If yes, how many tandem sets? size 10 Are utility extensions for the following needed to serve the project? (Please check yes or no) DYes D No DYes o No a) water o Yes o No b) gas o Yes o No c) sewer o Yes o No d) electric D Yes D No e) telephone o Yes o No Will electric or telephone extensions be above-ground? .............................. 11. Does project include removal of trees or other vegetation? ......................... If yes, indicate number, type and size of trees DYes 0 No DYes 0 No or type and area of other vegetation SECTION III. ADDITIONAL INFORMATION The relationship of the development to the applicable items below must be explained fully. Attach additional sheets if necessary. 1. Present use of property. a. Are there existing structures on the property? ....................................... DYes D No . " ,,' ' If yes, describe' , ',., ' , , '," 4 Revised 9/9/03 b. Will any existing structures be demolished? .......................................... Will any existing structures be removed? .............................................. DYes DYes o No o No If yes to either question, describ~ the type of deVelopment to be del116Ji~h~d or removed, Including the relocaffon sHe, H appliC~ble. .. ..... ..' . . . . ...... . ....... .. .... . 2. Is the proposed development to be governed by any Development Agreement? ......................................... ................. ........................................ 0 Yes 0 No 3. Has any application for development on this site including any subdivision been submitted previously to the California Coastal Zone Conservation 0 0 Commission or the Coastal Commission? ................................................... Yes No If yes, state previous application number(s) 4. a. Is the development between the first public road and the sea (including lagoons, bays, and other bodies of water connected to the sea) ............ 0 Yes 0 No b. If yes, is public access to the shoreline and along the coast currently available on the site or near the site? .................................................... 0 Yes 0 No . _' ,,_,;n,;", __ , " ::'___.. ,. ",,'" _,;,,_,'_' ': ,.,,' ,,) " ,,_ ".,.' '::' ~::""_<" ,,__ . '_"_:: ____ ,''''~__<:_:_..,.' '< ' Ifyes,indicati/theloeation and f}atlire ofilie access, including the'distance fniin theprojeCt siie;J;f appliCable. , .." ,_ '" ','" . ,; ",...._ :",.. . .. ." . - ,," '\. " ,." . ~', ..1.",."._"....", "," ,," """ ,".,,' 'd ,"..' c. Will the project have an effect on public access to and along the shoreline, either directly or indirectly (e.g., removing parking used for access to the beach)? ............................................................................ DYes 0 No If yes, desciibe the effect. . . .' 5 Revised 9/9/03 5. Does the development involve diking, filling, draining, dredging or placing structures in open coastal waters, wetlands, estuaries, or lakes? (Please check yes or no) a) diking o Yes b) filling o Yes o No c) dredging DYes d) placement of structures DYes o No o No o No Amount of material to be dredged or filled (indicate which) Location of dredged material disposal site Has a U.S. Army Corps of Engineers' permit been applied for? .................. 6. Will the development extend onto or adjoin any beach, tidelands, submerged lands or public trust lands? ....................................................... cu.yds DYes 0 No DYes 0 No 0 Yes 0 No 0 Yes 0 No '. . . .. 8. Will the proposed development convert land currently or previously used for agriculture to another use? .......................................................................... 0 Yes 0 No If yes, how many acres will be converted? 9. Is the proposed development in or near: a. Sensitive habitat areas (Biological survey may be required) .......................:... b. Areas of state or federally listed rare, threatened, or endangered species ..................................................................................... .............. c. 100-year floodplain (Hydrologic mapping may be required) ............................ d. Park or recreation area .......................................................................... 10. Is the proposed development visible from: a. State Highway 1 or other scenic route ................................................... 6 Revised 9/9103 0 Yes 0 No 0 Yes 0 No 0 Yes 0 No 0 Yes 0 No DYes 0 No b. Park, beach, or recreation area ............................................................. c. Harbor area ............................................................................... ............ 11. Does the site contain any: (If yes to any of the following, please explain on an attached sheet.) DYes DYes o No o No DYes DYes DYes a. Historic resources ................................................................................. b. Archaeological resources ...................................................................... c. Paleontological resources ..................................................................... 12. Where a stream or spring is to be diverted, provide the following information: Estimated streamflow or spring yield (gpm) If well is to be used, existing yield (gpm) If water source is on adjacent property, attach Division of Water Rights approval and property owner's approval. o No o No o No SECTION IV. REQUIRED ATTACHMENTS The following items must be submitted with this form as part of the application. 1. Proof of the applicant's legal interest in the property. A copy of any of the following will be acceptable: current tax bill, recorded deed, lease, easement, or current policy of title insurance. Preliminary tille reports will not be accepted for this purpose. Documentation reflecting intent to purchase such as a signed Offer to Purchase along with a receipt of deposit or signed final escrow document is also acceptable, but in such a case, issuance of the permit may be contingent on submission of evidence satisfactory to the Executive Director that the sale has been completed. The identity of all persons or entities which have an ownership interest in the property superior to that of the applicant must be provided. 2. Assessor's parcel map(s) showing the page number, the applicant's property, and all other properties within 100 feet (excluding roads) of the property lines of the project site. (Available from the County Assessor.) 3. Copies of required local approvals for the proposed project, including zoning variances, use permits, etc., as noted on Local Agency Review Form, Appendix B. Appendix B must be completed and signed by the local government in whose jurisdiction the project site is located. 4. Stamped envelopes addressed to each property owner and occupant of property situated within 100 feet of the property lines of the project site (excluding roads), along with a list containing the names, addresses and assessor's parcel numbers of same. The envelopes must be plain (I.e., no return address), and regular business size (9 1/2' x 4 1/8"). Include first class postage on each one. Metered postage is not acceptable. Use Appendix C, attached, for the listing of names and addresses. (Alternate notice provisions may be employed at the discretion of the District Director under extraordinary circumstances.) 7 Revised 9/9/03 5. Stamped, addressed envelopes (no metered postage, please) and a list of names and addresses of all other parties known to the applicant to be interested in the proposed development (such as persons expressing interest at a local government hearing, etc.). 6. A vicinity or location map (copy of Thomas Bros. or other road map or USGS quad map) with the project site clearly marked. 7. Copy(s) of plans drawn to scale, including (as applicable): . site plans . floor plans . building elevations . grading, drainage, and erosion control plans . landscape plans . septic system plans Trees to be removed must be marked on the site plan. In addition, a reduced site plan, 81/2' x 11' in size, must be submitted. Reduced copies of complete project plans will be required for large projects. NOTE: See Instruction page for number of sets of plans required. 8. Where septic systems are proposed, evidence of County approval or Regional Water Quality Control Board approval. Where water wells are proposed, evidence of County review and approval. 9. A copy of any Draft or Final Negative Declaration, Environmental Impact Report (EIR) or Environmental Impact Statement (EIS) prepared for the project. If available, comments of all reviewing agencies and responses to comments must be included. 10. Verification of all other permits, permissions or approvals applied for or granted by public agencies such as: . Department of Fish and Game . State Lands Commission . Army Corps of Engineers . U.S. Coast Guard For projects such as seawalls located on or near state tidelands or public trust lands, the Coastal Commission must have a written determination from the State Lands Commission whether the project would encroach onto such lands and, if so, whether the State Lands Commission has approved such encroachment. See memo to 'Applicants for shorefront development" dated December 13, 1993. 11. For development on a bluff face, bluff top, or in any area of high geologic risk, a comprehensive, site- specific geology and soils report (including maps) prepared in accordance with the Coastal Commission's Interpretive Guidelines. Copies of the guidelines are available from the District Office. SECTION V. NOTICE TO APPLICANTS Under certain circumstances, additional material may be required prior to issuance of a coastal development permit. For example, where offers of access or open space dedication are required, 8 Revised 9/9/03 preliminary title reports, land surveys, legal descriptions, subordination agreements, and other outside agreements will be required prior to issuance of the permit. In addition, the Commission may adopt or amend regulations affecting the issuance of coastal development permits. If you would like notice of such proposals during the pendency of this application, if such proposals are reasonably related to this application, indicate that desire..................................... DYes 0 No SECTION VI. COMMUNICATION WITH COMMISSIONERS Decisions of the Coastal Commission must be made on the basis of information available to all commissioners and the public. Therefore, permit applicants and interested parties and their representatives are advised not to discuss with commissioners any matters relating to a permit outside the public hearing. Such contacts may jeopardize the fairness of the hearing and result in invalidation of the Commission's decision by court. Any written material sent to a commissioner should also be sent to the commission office for inclusion in the public record and distribution to other Commissioners. SECTION VII. CERTIFICATION 1. I hereby certify that I, or my authorized representative, have completed and posted or will post the Notice of Pending Permit card in a conspicuous place on the property within three days of submitting the application to the Commission office. 2. I hereby certify that I have read this completed application and that, to the best of my knowledge, the information in this application and all attached appendices and exhibits is complete and correct. I understand that the failure to provide any requested information or any misstatements submitted in support of the application shall be grounds for either refusing to accept this application, for denying the permit, for suspending or revoking a permit issued on the basis of such misrepresentations, or for seeking of such further relief as may seem proper to the Commission. 3. I hereby authorize representatives of the California Coastal Commission to conduct site inspections on my property. Unless arranged otherwise, these site inspections shall take place between the hours of 8:00 A.M. and 5:00 P.M. Signature of Authorized Agent(s) or if no agent, signature of Appticant NOTE: IF SIGNED ABOVE BY AGENT, APPLICANT MUST SIGN BELOW. SECTION VIII. AUTHORIZATION OF AGENT I hereby authorize and to bind me in all matters concerning this application. to act as my representative Signature of Appficant(s) (Only the applicant(s) may sign here 10 authorize an agent) 9 Revised 9/9/03 APPLICATION FOR COASTAL DEVELOPMENT PERMIT APPENDIX A DECLARATION OF CAMPAIGN CONTRIBUTIONS Government Code Section 84308 prohibits any Commissioner from voting on a project if he or she has received campaign contributions in excess of $250 within the past year from project proponents or opponents, their agents, employees or family, or any person with a financial interest in the project. In the event of such contributions, a Commissioner must disqualify himself or herself from voting on the project. Each applicant must declare below whether any such contributions have been made to any of the listed Commissioners or Alternates (see last page). CHECK ONE D The applicants, their agents, employees, family and/or any person with a financial . interest in the project have not contributed over $250 to any Commissioner{s) or Altemate{s) within the past year. D The applicants, their agents, employees, family, and/or any person with a financial interest in the project have contributed over $250 to the Commissioner{ s) or Altemate{ s) listed below within the past year. Commissioner or Alternate Commissioner or Alternate Commissioner or Alternate Signature of Appiicant or Authorized Agent Date Please type or print your name 10 Revised 9/9/03 APPENDIX B LOCAL AGENCY REVIEW FORM SECTION A (To BE COMPLETED BY APPLICANT) Applicant Project Description Location Assesso~s Parcel Number , . '.. . " .'. .'. ,.'.... ..... ..' '. . ..' m,. .'; . . '." ',<: . SECTION B (To BE COMPLETED ;By'lOC..,L PLANNING OR BuilDING INSPECTIOrl'jj;;PARTMENT) .. Zoning Designation du/ac General or Community Plan Designation du/ac Local Discretionary Approvals D Proposed development meets all zoning requirements and needs no local permits other than building permils. D Proposed development needs local discretionary approvals noted below. Needed Received D D Design/Architectural review D D Variance for D D Rezone from D D Tentative Subdivision/Parcel Map No, D D Grading/Land Development Permit No. D D Planned Residential/Commercial Development Approval D D Site Plan Review D D Condominium Conversion Permit D D Conditional, Special, or Major Use Permit No. D D Other CEQA Status D Categorically Exempt Class Item D Negative Declaration Granted (Date) D Environmental Impact Report Required, Final Report Certified (Date) D Other Prepared for the City/County of by Date Title 11 Revised 9/9/03 Application No. APPENDIX C LIST OF PROPERTY OWNERS AND OCCUPANTS WITHIN 100 FEET AND THEIR ADDRESSES (MAKE ADDITIONAL COPIES OF THIS SHEET AS NECESSARY) 12 Revised 9/9/03 APPENDIX D (Permit Application) DECLARATION OF POSTING Prior to or at the time the application is submitted for filing, the applicant must post, at a conspicuous place, easily read by the public and as close as possible to the site of the proposed development, notice that ail application for the proposed development has been submitted to the Commission. Such notice shall contain a general description of the nature of the proposed development. The Commission furnishes the applicant with a standardized form to be used for such posting. If the applicant fails to post the completed notice form and sign the Declaration of Posting, the Executive Director of the Commission shall refuse to file the application. 14 Cai. Code Regs. Section 13054(d). Please sign and date this Declaration of Posting form when the site is posted; it serves as proof of posting. It should be retumed to our office with the application. Pursuant to the requirements of California Administrative Code Section 13054(b), I hereby certify that on, laate at pasting) of Pending Permit for application to obtain a coastal development permit for the development of I or my authorized representative posted the Notice laescnptlon at aevelopmem} Located at {seeress aT aevelopmem or assessors parcet numoer) The public notice was posted at {8 conSpiCUOUS place, easilY seen oy me PUDIIC ana as Close as posSIDle to me site at me proposea aeVBlopmem} (Signature) (date) NOTE: Your application cannot be processed until this Declaration of Posting is signed and returned to this office. FOR OFFICE USE ONL Y PERMIT NUMBER .................. RECEIVED ..................... ....... DECLARATION COMPLETE ..... APPENDIX E PERMIT ApPLICATION FEE SCHEDULE EFFECTIVE JANUARY 1, 1998, ALL PERMIT APPLICATION FEES ARE DEPOSITED IN THE COASTAL ACCESS ACCOUNT OF THE STATE COASTAL CONSERVANCY FUND. MONIES IN THE ACCOUNT ARE AVAILABLE TO PUBLIC AGENCIES AND OTHER ORGANIZATIONS FOR THE DEVELOPMENT, MAINTENANCE, AND OPERATION OF PUBLIC SHORELINE ACCESS FACILITIES (PUBLIC RESOURCES CODE SECTION 30620(c)(2)). I. RESIDENTIAL PROJECTS A. New single-family dwellings De minimis waiver .......................................................................................... Administrative permit ..................................................................................... Regular calendar If 1,500 or less square feet 2 .................................................................. If 1,501 to 5,000 square feet 2................................................................ If 5,001 or more square feet 2 ................................................................ B. Additions or improvements to single-family dwellings De minimis waiver .......................................................................................... If handled as an amendment to a previous coastal development permit, see Amendments (Section 11I.0.) below. If not a waiver or an amendment to a previous coastal development permit, the fee is assessed according to the schedule in A. above (i.e., based on the calendar and/or size of the addition, plus the grading fee, if applicable). C. Multiple residential projects (including residential subdivisions, resubdivisions and condominium conversions) 4 2-4 units................................. ......................................................... .............. 5-16 units ................................ ...................................................................... 17-166 units .................................................................................................. 167 units or more ........................................................................................... o 0$ $ o 0$ 0$ $ o 200 2001 2503 5003 1,0003 $ 200 o o $ 6003 o $ 2,0003 o $120/unit3 $ 20,000 3 1 Fee changes if removed from the Administrative Calendar and rescheduled on the Regular Calendar. Additional fee amount must be paid before item is scheduled for hearing on the Regular Calendar. 2 Including gross internal floor space of main house, attached garage(s), covered patios, plus any detached structures intended for human habitation (e.g., guest houses, detached bedrooms, in-law units); not including patios or decks open to the sky, detached garages, bams, art studios, tool sheds, and other outbuildings not primariiy intended for human habitation. 3 Grading fee applies; see Item F. 4 ~f4'nd division and construction of residences are proposed together, the fee is based solely upon the construction of residences. D. lot line adjustment ...................................................................................... 0 $ 6003 E. Divisions of land where there are single-family residences already built and only one new lot is created......................... 0 $ 6003 F. Grading fee for residential projects For residential projects that are not scheduled on the administrative calendar, if more than 75 cubic yards of grading is proposed, an additional fee applies ............................................... 0 $ 200 II. OFFICE, COMMERCIAL, CONVENTION, INDUSTRIAL A. New structures Up to and including 1,000 sq.ft. (gross).......................................................... 1,001 to 10,000 sq.ft. (gross) ......................................................................... 10,001 sq.ft. up to 25,000 sq.ft. (gross).......................................................... 25,001 sq.ft. up to 50,000 sq.ft. (gross).......................................................... 50,001 sq.ft. up to 100,000 sq.ft. (gross)........................................................ 100,001 or more sq.ft. (gross) ........................................................................ Major energy production or fuel processing facility ........................................ B. Additions or improvements Regular calendar: see II.A. above Otherwise: see III. below III. FEES FOR PROJECTS NOT COVERED IN I. OR II. ABOVE A. Administrative permit.................................. .................................................... B. Emergency permit...................................... .................................................... C. Amendments Immaterial amendments ........................................................................ Material amendments ................ [50% of fee applicable to underlying permit if it were submitted today] 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 500 2,000 4,000 B,OOO 12,000 20,000 20,000 2001 2005 200 5 When followed by a regular permit application, the $200 emergency ap~i~tion fee is credited toward the follow-up permit fee. Revised 9/9/03 D. Extensions 7 and Reconsiderations Single-family residences ........................................................................ D $ 200 All other developments .......................................................................... D $ 400 E. Request for continuance 1st request ............................................................................................. D No charge Each subsequent request (where Commission approves the continuance) .................................... D $ 100 F. De minimis and other waivers ........................................................................ D $ 200 G. Public works facilities ........................................ [if public agency is applicant] D No charge H. Temporary events .....................~f not scheduled on administrative calendar] D $ 500 IV. ANY OTHER DEVELOPMENT NOT OTHERWISE COVERED Development cost up to and including $100.000.................................................... $100,001 to $500,000 ............................................................................................ $500,001 to $1,250,000 ............ ............. ................................................................ $1,250,001 to $2,500,000 ....................................................... ............................... $2,500,001 to $5,000,000 ...................... ................................................................ $5,000,001 or more................................................................................................ TOTAL SUBMITTED ADDITIONAL NOTES D$ D$ D$ D$ D$ D$ 600 2,000 4,000 8,000 12,000 20,000 $ 1. Fees are assessed at the time of application, based on the project as proposed initially. If the size of a proposed dwelling or the amount of proposed grading is amended during the application review process, the fee is not changed. 2. If different types of development are included on one site under one application, the fee is based on the sum of each fee that would apply if each development were applied for separately, not to exceed $20,000 (except as indicated in footnote 4). 3. Fees for afler-the-fact permits shall normally be double the regular permit fee unless such added increases are waived by the Executive Director when it is determined that the permit could be processed by staff without significant additional review time resulting from the processing of the violation. 16 7 If permit extension is objected to by Commission and application is set for a new hearing, then .a new application fee is required, based on type of development and/or appiicable calendar. Revised 9/9/03 4. 5. The fee for development consisting of a change in intensity of use shall be based upon development cost as set forth in part IV. 6. Permits shall not be issued without full payment of all applicable fees. If overpayment of a fee occurs, a refund will be issued. 7. If a permit application is withdrawn, a refund will be due only if no significant staff review time has been expended (e.g., the staff report has not yet been prepared). Denial of a permit application by the Commission is not grounds for a refund. 8. The application fee shall be determined from the type and size of the proposed development, except where size is not readily determined and where the project is a change in intensity of use. In addition, if there is conflict over the applicable fee, the Executive Director may use the project cost to determine the fee. 9. In addition to the above fees, the Commission may require the applicant to reimburse it for any additional reasonable expenses incurred in its consideration of the permit application, including the costs of providing public notice. .10. The Executive Director shall waive the application fee where requested by resolution of the Commission. SEE SECTION 13055 OF THE COMMISSION'S REGULATIONS (CALIFORNIA CODE OF REGULATIONS, TITLE 14) FOR FULL TEXT OF THE REQUIREMENTS. TO BE COMPLETED BY STAFF SUBMITTED FEE VERIFIED BY: DATE: Is SUBMITTED AMOUNT CORRECl1 o Yes. Applicant has correctly o Applicant did not fill out form, o No. Why? characterized the development, thus staff has marked the form and payment is appropriate. to compute the fee, and applicant has paid fee. REFUNO OR AODITIONAL FEE REQUIRED? (STATE REASON) o Refund amount ( ) o Additional fee amount ( ) , ~, " ,..... 0 t ," ,"'" ," r. .. >.... "'l . II ~ ' " ? , ,y... '_"" ' " ",;f _^' ;; ", "REMINDER: RECORD FEE:PAYMENT IN PERMIT LOG ' '{'~"1' '~'\ ' .;.>..~ 1 . I" ;:'~ " FINAL FEE VERIFIED BY: (TO BE COMPLETED AFTER COMMISSION ACTION) DATE: 17 Revised 9/9/03 NOTICE OF PENDING PERMIT A PERMIT APPLICATION FOR DEVELOPMENT ON THIS SITE IS PENDING BEFORE THE CALIFORNIA COASTAL COMMISSION. PROPOSED DEVELOPMENT: LOCATION: APPLICANT: APPLICATION NUMBER: DATE NOTICE POSTED: FOR FURTHER INFORMATION, PLEASE PHONE OR WRITE THE OFFICE LISTED BELOW BETWEEN 8 A.M. AND 5 P.M., WEEKDAYS. CALIFORNIA COASTAL COMMISSION ENERGY AND OCEAN RESOURCES UNIT . 45 FREMONT STREET, SUITE 2000 SAN FRANCISCO, CA 94105-2219 (415) 904-5240 APPENDIX F: ROPRO TWO-PASS WITH INTERPASS PUMP SUMMARY KOCH Membrane Systems, Inc. Project: Prepared By: ROPRO Ver. 7.0-CP Date: Dec-12-2005 Description: Type: Two Pass with Interpass Pump PROJECT SUMMARY PROCESS FLOW DIAGRAM 4 5 ~ 19 IG KOCH MEMBRANE SYSTEMS RO Recovery [13/4] = 43.1\ OVerall System Rec [17/(4+15)] = 43.1\ Design Temperature = 65.0 Deg F PASS 1 Array Recovery [7/6] Element Age Fouling Allowance (FA) = 45.0\ = 0.00 Years = 15.0\ ASS 2 ray Recovery [11/10] 1ement Age ou1ing Allowance (FA) = 85.0\ = 0.00 Years = 5.0% Tubes E1ems Avg Tubes E1ems Avg Bank Element Type /Bank /Tube Flux 1ement Type /Bank /Tube Flux (GFD) (GFD) 1 TFC 2822SS-300 100 7 10.3 FC 8822HR-400 10 7 23.2 2 FC 8822HR-400 5 7 19.2 System/Pass Total 10.3 ystem/Pass Total 21.9 Pressure Flow Rate TDS 180C Hardness Chloride with FA Stream (Psig) (USGPM) (mg/L) (CaC03) (mg/L) 1 0.0 3222.0 35830.71 6512.7 19820.0 4 0.0 3222.0 35830.71 6512.7 19820.0 5 0.0 3222.0 35831. 09 6512.7 19820.0 6 1002.2 3334.5 34670.56 6294.7 19179.8 7 0.0 1500.5 219.13 8.1 129.2 9 0.0 750.3 219.13 8.1 129.2 10 256.1 750.3 219.13 8.1 129.2 11 0.0 637.7 2.97 0.1 1.7 13 0.0 1388.0 119.81 4.4 70.6 16 0.0 1388.0 119.81 4.4 70.6 17 0.0 1388.0 127.93 4.4 70.6 18 994.0 1834.0 62858.12 11438.3 34766.7 19 191. 9 112.5 1444.97 53.5 851.7 KOCH Membrane Systems, Inc. ROPRO Ver. 7.0-CP Date: Dec-12-2005 Project: Prepared By: Description: Type: Two Pass with Interpass Pump ARRAY SUMMARY - PASS 1 Permeate Flow 1500.5 USGPM Temp (Design/Avg) 65.0/ 65.0 Deg F Pass Recovery 45.0 % Fouling Allowance (FA) 15.0 % Inlet Pres w/o FA 917.4 psig Cone. Pres w/o FA 909.2 psig Inlet Pres w/FA 1002.2 Psig Tubes Elems Elems E1em Boost Manifold Perm Back Bank Element Type /Bank /Tube /Bank Age Pressure Loss Pressure (#) (#) (#) (Yr) (Psig) (psig) (psig) 1 TFC 2822SS-300 100 7 700 0.00 0.0 0.0 0.0 Total Tube Total Tube Avg Inlet Avg Bank Final Bank Feed Feed Cone. Cone. Flux Pres NDP DP Element (GPM) (GPM) (GPM) (GPM) (GFD) (Psig) (psig) (Psig) Beta 1 3334.5 33.3 1835.2 18.4 10.3 917.4 400.6 8.2 1.042 System 10.3 Net Feed Trt Feed RO Inlet Cone. Permeate Stream Number 4 5 6 18 7 Concentration (mg/L) (mg/L) (mg/L) (mg/L) (mg/L) Ca++ 418.00 418.00 404.01 734.14 0.52 Mg++ 1328.00 1328.00 1283.55 2332.38 1.65 Na+ 11031.00 11031. 00 10676.51 19346.36 80.03 K+ 397.00 397.00 384.43 695.91 3.74 NH4+ 0.00 0.00 0.00 0.00 0.00 Sr++ 0.00 0.00 0.00 0.00 0.00 Ba++ 0.00 0.00 0.00 0.00 0.00 Fe++ 0.00 0.00 0.00 0.00 0.00 Mn++ 0.00 0.00 0.00 0.00 0.00 C03-- 0.00 0.73 0.70 1.28 0.00 HC03- 146.00 145.29 140.82 254.50 1.95 S04-- 2765.00 2765.00 2672.37 4856.34 3.08 Cl- 19820.00 19820.00 19179.82 34766.73 129.15 N03- 0.00 0.00 0.00 0.00 0.00 F- 0.00 0.00 0.00 0.00 0.00 si02 0.00 0.00 0.00 0.00 0.00 CO2 4.15 4.13 4.12 4.12 4.07 Sum of Ions 35905.00 35905.02 34742.21 62987.62 220.12 TDS (180 C) 35830.71 35831.09 34670.56 62858.12 219.13 pH 7.80 7.80 7.50 8.04 5.93 Hardness (as CaC03 ) 6512.67 6512.67 6294.67 11438.25 8.07 Osm Pressure. (psig) 366.29 366.28 354.46 642.51 2.39 Langlier Index 0.88 0.88 0.55 1.59 -5.88 Stiff-Davis Index -0.21 -0.21 -0.53 0.29 Membrane data file version: May-03-2004 Please review the Design Notes & Warnings page attached. System Concentrate Saturation> 1.0, See warnings sheet. KOCH Membrane Systems, Inc. ROPRO Ver. 7.0-CP Date: Dec-12-2005 Project: Prepared By: Description: Type: Two Pass with Interpass Pump ARRAY SUMMARY - PASS 2 Permeate Flow 637.7 USGPM Temp (Design/Avg) 65.0/ 65.0 Deg F Pass Recovery 85.0 % Fouling Allowance (FA) 5.0 % Inlet Pres w/o FA 244.0 psig Cone. Pres w/o FA 179.8 Psig Inlet Pres w/FA 256.1 psig Tubes Elems Elems Elem Boost Manifold Perm Back Bank Element Type /Bank /Tube /Bank Age Pressure Loss Pressure (#) (#) (#) (Yr) (Psig) (Psig) (psig) 1 TFC 8822HR-400 10 7 70 0.00 0.0 0.0 0.0 2 TFC 8822HR-400 5 7 35 0.00 0.0 0.0 0.0 Total Tube Total Tube Avg Inlet Avg Bank Final Bank Feed Feed Cone. Cone. Flux Pres NDP DP Element (GPM) (GPM) (GPM) (GPM) (GFD) (Psig) (psig) (psig) Beta 1 750.3 75.0 298.3 29.8 23.2 244.0 220.2 37.9 1.125 2 298.3 59.7 111. 9 22.4 19.2 206.1 181.5 26.3 1.135 System 21.9 RO Inlet Cone. Permeate Stream Number 10 19 11 Concentration (mg/L) (mg/L) (mg/L) Ca++ 0.52 3.43 0.00 Mg++ 1.65 10.90 0.01 Na+ 80.03 527.70 1.03 K+ 3.74 24.61 0.06 NH4+ 0.00 0.00 0.00 Sr++ 0.00 0.00 0.00 Ba++ 0.00 0.00 0.00 Fe++ 0.00 0.00 0.00 Mn++ 0.00 0.00 0.00 C03 -- 0.00 0.00 0.00 HC03- 1.95 12.84 0.38 S04-- 3.08 20.37 0.02 Cl- 129.15 851.66 1.65 N03- 0.00 0.00 0.00 F- 0.00 0.00 0.00 Si02 0.00 0.00 0.00 CO2 4.07 4.06 3.82 Sum of Ions 220.12 1451.50 3.16 TDS (180 C) 219.13 1444.97 2.97 pH 5.93 6.75 5.25 Hardness (as CaC03 ) 8.07 53.46 0.06 Osm Pressure (psig) 2.39 15.79 0.03 Langlier Index -5.88 -3.33 -8.75 Stiff-Davis Index Membrane data file version: May-03-2004 Please review the Design Notes & Warnings page attached. Warnings were generated - see warning sheet for details. System Concentrate Saturation> 1.0, See warnings sheet. L KOCH Membrane Systems, Inc. ROPRO Ver. 7.0-CP Date: Dec-12-2005 Project: Prepared By: Description: Type: Two Pass with Interpass Pump CHEMICAL ADDITION No Chemical Treating CONCENTRATE SATURATION DATA - STREAM Langlier Index = Stiff-Davis Index = 18 1.588 0.289 <-- Warning: Scaling Potential <== Warning: Scaling Potential DESIGN WARNINGS - PASS 1: None DESIGN WARNINGS - PASS 2: None APPROXIMATE PUMPING POWER REQUIREMENTS (kW) Feed pumping power (w/FA) @65.0% efficiency Interbank pumping power @65.0% efficiency Feed pumping power (w/FA) @65.0% efficiency Interbank pumping power @65.0% efficiency 2236.71 0.00 128.59 0.00 NOTE This projection is the anticipated performance and is based on nominal properties of the elements, with manifold losses as included. The fouling allowance option (if included) increases the required 'clean water' net driving pressure by the stated percentage. Program default values are estimates only, and may not be representative of the actual fouling potential of the water source. This software is provided by Koch Membrane Systems, Inc as a service. The projections are based upon input by the User, and assume that sound engineering principles and practices have been followed. This printout should not be considered a warranty or guarantee unless accompanied by a statement to that effect from Koch Membrane Systems, Inc. KOCH Membrane Systems, Inc. ROPRO Ver. 7.0-CP Date: Dec-12-2005 Project: Prepared By: Description: Type: Two Pass with Interpass Pump PRODUCT STREAM SUMMARY Stream Temperature Flow Rate Design Average Stream Name (USGPM) (Deg F) (Deg F) 13 Permeate 1388 65.0 65.0 14 Stripped Permeat 1388 65.0 65.0 15 Feed Bypass 0 77.0 77.0 16 Blended Product 1388 65.0 65.0 17 Treated Product 1388 65.0 65.0 CHEMICAL ADDITION 136.8 Ib/day of 99% Soda Ash (Na2C03) is required to achieve the target pH in stream [17]. PRODUCT STREAM COMPOSITIONS Stream Number 13 14 15 16 17 Concentration (mg/L) (mg/L) (mg/L) (mg/L) (mg/L) Ca++ 0.28 0.28 0.00 0.28 0.28 Mg++ 0.90 0.90 0.00 0.90 0.90 Na+ 43.74 43.74 0.00 43.74 47.26 K+ 2.05 2.05 0.00 2.05 2.05 NH4+ 0.00 0.00 0.00 0.00 0.00 Sr++ 0.00 0.00 0.00 0.00 0.00 Ba++ 0.00 0.00 0.00 0.00 0.00 Fe++ 0.00 0.00 0.00 0.00 0.00 Mn++ 0.00 0.00 0.00 0.00 0.00 C03 -- 0.00 0.00 0.00 0.00 0.03 HC03- 1. 23 1.23 0.00 1.23 10.54 S04 -- 1.67 1.67 0.00 1.67 1.67 Cl- 70.57 70.57 0.00 70.57 70.57 N03- 0.00 0.00 0.00 0.00 0.00 F- 0.00 0.00 0.00 0.00 0.00 Si02 0.00 0.00 0.00 0.00 0.00 CO2 3.96 3.96 0.00 3.96 0.60 Sum of Ions 120.44 120.44 0.00 120.44 133.29 TDS (180 C) 119.81 119.81 0.00 119.81 127.93 pH 5.75 5.75 7.00 5.75 7.50 Hardness (as CaC03) 4.39 4.39 0.00 4.39 4.39 Osm Pressure (psig) 1.31 1.31 0.00 1.31 1.41 Langlier Index -6.55 -6.55 -7.00 -6.55 -3.86 Stiff-Davis Index L .-.='''--1.