TO: Board of Supervisors
FROM: Brian Bordona - Director, Planning, Building & Environmental Services
REPORT BY: Jamison Crosby - Natural Resources Conservation Manager
SUBJECT: Approval of Amendment No. 3 to Agreement No. 200181B with Luhdorff & Scalmanini Consulting Engineers
RECOMMENDATION
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Approve and authorize Amendment No. 3 to Agreement No. 200181B with Luhdorff & Scalmanini Consulting Engineers, increasing the maximum compensation by $150,000 per year for a total contract maximum of $397,300 to extend the term to June 30, 2026, in order to provide a Final Draft and documentation for a Final Water Availability Analysis and technical support, and provide assistance with related revisions to its Chapter 13.15 of the Groundwater Conservation Ordinance. (Fiscal Impact: $150,000 Expense; General Fund; Budgeted; Discretionary)
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BACKGROUND AND DISCUSSION
Napa County is required by the California Environmental Quality Act (CEQA) to conduct an environmental analysis of all discretionary permits submitted for approval. CEQA requires analysis of dozens of environmental aspects, including the potential substantial depletion of groundwater supplies or substantial interference with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table. The Water Availability Analysis (WAA) provides guidance and a procedure to assist applicants, neighbors, county staff, decision makers, and other interested parties to gather the information necessary to adequately evaluate potential impacts to groundwater. In addition, the WAA is increasingly being used to evaluate the consistency of proposed wells with the adopted Groundwater Sustainability Plan (GSP), as administered by the Groundwater Sustainability Agency. This ensures that additional concerns such as subsidence, reduction in interconnected surface waters, and other issues are also taken in to consideration.
A WAA is required for any discretionary project that may utilize groundwater or will increase the intensity of groundwater use of any parcel through an existing, improved, or new water supply system (Napa County Groundwater Conservation Ordinance, Section 13.15.010). As such, it is most commonly used for discretionary development applications using groundwater such as wineries and commercial uses. While discretionary vineyard projects also require a submittal of a WAA as part of the application, they often require more exhaustive analysis as part of an Environmental Impact Report (EIR) due to their size and scope.
On November 12, 2019 the County entered into Agreement 200181B with Luhdorff & Scalmanini Consulting Engineers to provide technical peer review services in support of Napa County proposed winery and vineyard projects for a maximum annual compensation of $100,000 per fiscal year with all costs covered by the project applicant. This agreement was first amended on May 3, 2022, to extend the term to 2023 (with an automatic renewal for no more than two (2) additional years) with no increase in maximum compensation.
On July 25, 2023 the County approved Amendment No. 2 which increased the maximum compensation by $147,300 per year for a maximum annual compensation of $247,300 with no change in the term.
This item requests approval for Amendment No. 3 which would extend the term of the Agreement to June 30, 2026 (with an automatic renewal for no more than two (2) additional years) and amend the scope of services to provide a Final Draft and Final WAA Guidance Document and Technical Supporting Documentation and assist the COUNTY with related revisions to its Chapter 13.15 of the Groundwater Conservation Ordinance and increase the maximum compensation to $150,000 per year for a total contract maximum of $397,300.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
Yes |
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Where is it budgeted? |
CEQA 17000-02 |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Revisions to the WAA and ordinance are necessary to respond to changing groundwater conditions, Governor’s Executive Orders, CEQA and principles of public trust. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
Appropriations for these services will be budgeted each fiscal year for the duration of the agreement. |
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Consequences if not approved: |
Without these revisions, the County will be unable to determine the impact of discretionary permits on groundwater sustainability and Chapter 13.15 of County Ordinances will not support these determinations. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.