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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />JULY 15, 2013 <br />TITLE: <br />APPROPRIATION ADJUSTMENT <br />ACCEPTING REIMBURSEMENT <br />AGREEMENT FUNDS FOR NEWPORT BAY <br />TMDL COMPLIANC <br />CIT NAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />? As Recommended <br />? As Amended <br />? Ordinance on 1s' Reading <br />? Ordinance on 2nd Reading <br />? Implementing Resolution <br />? Set Public Hearing For_ <br />CONTINUED TO <br />FILE NUMBER <br />Approve an appropriation adjustment accepting funds from the County of Orange in the amount of <br />$60,000 into the Federal Clean Water Protection Enterprise Fund and appropriating the same to the <br />Federal Clean Water Protection Enterprise Fund for the Newport Bay TMDL compliance alternative <br />feasibility report. <br />DISCUSSION <br />Council approval is required to appropriate funds not previously approved in a prior budget <br />process. This appropriation adjustment is needed to program revenues that will be received from <br />the County of Orange during Fiscal Year 2013/14. <br />On June 18, 2012, the City Council approved Reimbursement Agreement No. D-12-030 (Exhibit 1) <br />with the County of Orange. The agreement addresses monitoring Total Maximum Daily Load <br />(TMDL) for selenium, which is a naturally occurring element, but which is toxic to aquatic life and <br />birds in excessive concentrations. To meet the agreement requirements, staff obtained the <br />services of URS, Inc., to develop a feasibility study that identifies reasonable methods of selenium <br />TMDL compliance, including reduction of irrigation and low-flow diversion into the sanitary sewer <br />system from city tributaries discharging into Newport Bay. The agreement with the County of <br />Orange provides for monthly reimbursements up to $60,000 for all costs incurred in developing the <br />report. <br />The Federal Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) <br />Stormwater Permit require local agencies to control potential pollutants from entering the waters of <br />the United States. About 60 percent of Santa Ana is in the Newport Bay Watershed, which <br />discharges into Upper Newport Bay. The City's major drainage facilities in this watershed are the <br />Santa Ana Delhi and Santa Ana Gardens channels. <br />20D-1