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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2017 TITLE: AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT WITH THE CITY OF COSTA MESA FOR THE SANTA ANA DELHI DIVERSION PROJECT (NONGENERAL FUND) (PROJECT NO. 16-6467) {STRATEGIC PLAN NO. 6, 1G) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on tat Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute Amendment No. 1 to Cooperative Agreement with the City of Costa Mesa, authorizing Costa Mesa's $600,000 contribution to the Santa Ana Delhi Diversion Channel project to be utilized for constructing an underground segment of the Santa Ana Delhi Diversion Project, located on Bristol Street from Baker Street to Newport Boulevard. 2. Approve an Appropriation Adjustment to reverse the appropriated anticipated revenues from the City of Costa Mesa, in the Federal Clean Water Protection Enterprise Fund, in the amount of $600,000. DISCUSSION The Santa Ana -Delhi Channel Diversion Project (Delhi Project) is a regional collaboration between the County of Orange, the Orange County Flood Control District, and the Cities of Santa Ana, Costa Mesa, Newport Beach (Funding Partners). The City of Santa Ana is functioning as the lead agency. The goal of the Delhi Project is to improve the water quality in Newport Bay and increase regional groundwater supplies. Completion of the Delhi Project will also help Santa Ana meet federal storm water program requirements mandated by the California State Water Resources Control Board. The Delhi Project will install a forced main in Costa Mesa to divert low -flow storm water to the Orange County Sanitation District treatment plant. A portion of the forced main falls within the limits of a current Costa Mesa Project. To take advantage of the cost savings of building the projects concurrently, Council approved a cooperative agreement between Santa Ana and Costa Mesa to include this work in the Costa Mesa Project with funding provided by the Delhi Project (Exhibit 1). The cooperative agreement authorized Costa Mesa to build the underground portion of the Delhi Project within Costa Mesa's Bristol Street Median for $1,100,000 (Delhi Project/Costa Mesa Segment). This project cost was based on an engineer's estimate prior to construction bids. However, after receiving the construction bids, the cost to construct Delhi Project/Costa Mesa Segment is actually $1,700,000. The funding plan for the Delhi Project required Costa Mesa to forward its $600,000 share of the project funding by January 31, 2017. However, since the previous expenditure authorization for the Delhi Project/Costa Mesa Segment ($1,100,000) and Costa Mesa's Delhi Project fair share portion ($600,000) 20A-1