SUBJECT:     FOURTH AMENDMENT TO THE AGREEMENT WITH SAN JOSE STATE UNIVERSITY FOUNDATION FOR ENVIRONMENTAL RESEARCH PROJECTS

 

 

RECOMMENDATION

Approval of a fourth amendment to the agreement with San Jose State University Foundation for environmental research projects to revise the scope of work and schedule of performance, increase compensation by $45,000, from $215,000, for a total amount not to exceed $260,000, and extend the term of the agreement by four (4) months, from March 1, 2002 to June 30, 2002.  CEQA: Exempt.

 

BACKGROUND

 

On February 23, 1999, City Council approved an agreement, covering the period March 1, 1999 to March 1, 2002, with the San Jose State University Foundation (Foundation) for environmental research projects in an amount of $100,000 in the categories of: (1) creek monitoring (streamflow augmentation); (2) grease generation study; (3) integrated waste study (scavenging, waste characterization and correlation); and (4) additional services to be determined.  The agreement set-aside $20,000 supplemental funds for services to be identified by the Director of Environmental Services during the term of the agreement.

 

On August 24, 1999, City Council approved the first amendment to the agreement with the Foundation to allow compensation using an expanded faculty salary scale ranging from assistant professor to full professor.  In addition, the first amendment clarified how the Foundation will be compensated for indirect costs associated with the research projects and identified the Cooling Tower Study as the additional services to be paid from the $20,000 supplement funds that was part of the original $100,000 agreement.

 

On February 29, 2000, City Council approved the second amendment to the agreement with the Foundation revising the scope of work to include a research project for automatic adjustment of the wastewater process and increasing the compensation by $40,000 to a total amount of $140,000.

 

On May 23, 2000, City Council approved the third amendment to the agreement with the Foundation revising the scope of work to include conducting waste assessments of up to 300 of the City’s largest waste generators.  University interns conducted the assessments that were developed by City consultants.  This research project increased the compensation by $75,000 to a total amount of $215,000.

 

In June 1998, the Regional Water Quality Control Board (RWQCB) reissued the National Pollution Discharge Elimination System (NPDES) permit for the San Jose/Santa Clara Water Pollution Control Plant (Plant).  Included in this permit is the implementation of the revised South Bay Action Plan which consists of programs intended to protect salt marsh habitat for endangered species by reducing the amount of treated wastewater discharged to South San Francisco Bay.  Preliminary work has identified streamflow augmentation and wetlands creation as two potential environmental enhancement programs that may be put into practice using recycled water.  The Plant will receive flow credit for diverting the recycled water from its outfall in Artesian Slough to satisfy the Plant’s dry weather flow restrictions.

 

The goals of this project are to continue to supplement current efforts undertaken by the City in determining the impact of the addition of recycled water on water quality and algae growth in Coyote Creek.  The Foundation’s activities will continue the work performed under Task 1 of this agreement.  Regional Water Quality Board Order No. 00-108, adopted on October 18, 2000, for the Coyote Creek streamflow augmentation program requires the City to address the potential impacts that recycled water may have on the algae growth in Coyote Creek.  The Foundation has conducted one year of baseline monitoring of algae growth in the creek under this agreement.  This amendment will allow the Foundation to conduct a second year of baseline monitoring to continue to develop data that will be used to compare algae growth after implementation of the project. 

 

ANALYSIS

 

San Jose State University Foundation is one of the oldest non-profit corporations in the California State University system.  The general purpose of the Foundation is to assist the University in fulfilling its objectives to service the people of the State of California.  The university offers intellectual leadership to a professionally and economically diverse region.  The Foundation is able to access and employ pre-professionals who are knowledgeable in the issues driving the City’s environmental programs at a reduced rate.

 

PUBLIC OUTREACH

 

The City, as part of the development of this project, has held multiple public meetings and worked with multiple stakeholder groups.  The City has used the input from these meetings to develop operational and monitoring criteria acceptable to stakeholders and for inclusion in the required environmental documents.  The public meetings have been held at multiple convenient locations and at day and evening times to allow for maximum public participation.  Public meetings for environmental enhancement projects began in April of 1998, with 11 meetings through June 8, 2000.

 

COORDINATION

 

This agreement has been coordinated with the Office of the City Attorney and was scheduled to be heard at the June 14, 2001, Treatment Plant Advisory Committee (TPAC).

 

BUDGET REFERENCE

 

            Fund:                                        Treatment Plant Operating – Fund 513

            Amount:                                   $45,000

            Budget Document:                    2000-01 Adopted Operating Budget

                                                            Page 464

 

CEQA

 

CEQA:  Exempt

 

 

CARL W. MOSHER

Director, Environmental Services Department