HomeMy WebLinkAbout20D - AA - REIMBURSEMENT FOR NEWPORT BAYREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 15, 2013
TITLE:
APPROPRIATION ADJUSTMENT
ACCEPTING REIMBURSEMENT
AGREEMENT FUNDS FOR NEWPORT BAY
TMDL COMPLIANC
CIT NAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s' Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve an appropriation adjustment accepting funds from the County of Orange in the amount of
$60,000 into the Federal Clean Water Protection Enterprise Fund and appropriating the same to the
Federal Clean Water Protection Enterprise Fund for the Newport Bay TMDL compliance alternative
feasibility report.
DISCUSSION
Council approval is required to appropriate funds not previously approved in a prior budget
process. This appropriation adjustment is needed to program revenues that will be received from
the County of Orange during Fiscal Year 2013/14.
On June 18, 2012, the City Council approved Reimbursement Agreement No. D-12-030 (Exhibit 1)
with the County of Orange. The agreement addresses monitoring Total Maximum Daily Load
(TMDL) for selenium, which is a naturally occurring element, but which is toxic to aquatic life and
birds in excessive concentrations. To meet the agreement requirements, staff obtained the
services of URS, Inc., to develop a feasibility study that identifies reasonable methods of selenium
TMDL compliance, including reduction of irrigation and low-flow diversion into the sanitary sewer
system from city tributaries discharging into Newport Bay. The agreement with the County of
Orange provides for monthly reimbursements up to $60,000 for all costs incurred in developing the
report.
The Federal Clean Water Act and the National Pollutant Discharge Elimination System (NPDES)
Stormwater Permit require local agencies to control potential pollutants from entering the waters of
the United States. About 60 percent of Santa Ana is in the Newport Bay Watershed, which
discharges into Upper Newport Bay. The City's major drainage facilities in this watershed are the
Santa Ana Delhi and Santa Ana Gardens channels.
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APPROPRIATION ADJUSTMENT ACCEPTING REIMBURSEMENT
AGREEMENT FUNDS FOR NEWPORT BAY TMDL COMPLIANCE
July 15, 2013
Page 2
In 1996, the California Regional Water Quality Control Board identified Newport Bay as an
"impaired water body," classifying it as too polluted or otherwise degraded to meet water quality
standards. In 2002, the United States Environmental Protection Agency established the maximum
amount of a pollutant that a water body can receive and still safely meet water quality standards.
These limits, or Total Maximum Daily Loads (TMDLs), contain requirements for studies,
monitoring, and development of programs to attain these reduction targets over a multiyear period.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds received in the total amount of $60,000 will be deposited into the Federal Clean Water
Protection Enterprise Fund revenue account (05717002-57000) and appropriated into the Federal
Clean Water Protection Enterprise Fund expenditure account (05717640-62300).
APPROVED AS TO FUNDS AND ACCOUNTS:
Raul Godinez II, P E. Francisco Gutierrez
Executive Director Executive Director
Public Works Agency Finance & Management Services Agency
RG\CC
Exhibit: 1. County Agreement No. D12-030
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I
Agreement 1312-030
REIMBURSEMENT AGREEMENT
BETWEEN
THE COUNTY OF ORANGE
AND
THE CITY OF SANTA. ANA
THIS REIMBURSEMENT AGREEMENT, numbered D12-030, is made and
entered into this ,1 G din day of () tA14s , 2012 by and between the County of
Orange, hereinafter referred to as the "COUNTY", and the City of Santa Ana, hereinafter
referred to as "CITY".
RECITALS:
A. The United States Environmental Protection Agency (USEPA) has established
TMDLs for toxic pollutants in San Diego Creek and Newport Bay, California on
June 14, 2002, and the California Regional Water Quality Control Board is
developing implementation plans for each of the toxic pollutants; and
B. The COUNTY, the CITY, the Orange County Flood Control District, the City of
Costa Mesa, the City of Irvine, the City of Laguna Hills, the City of Laguna
Woods, the City of Lake Forest, the City of Newport Beach, the City of Orange,
the City of Tustin, the Irvine Ranch Water District, The Irvine Company, and
Lennar Homes of California, have entered into have entered into Agreement No.
D99-128, dated July 1, 2010, for the purpose of fimding and performing studies,
research, monitoring and the development and implementation of programs
related to the adopted TMDLs for nutrients, fecal coliform and toxics in the San
Diego Creek and Newport Bay watersheds (hereinafter "said Agreement"); and
C. Said Agreement provides that the COUNTY will annually develop a scope of
work and budget containing an estimate of planned expenditures for the following
fiscal year, which shall be submitted to the parties for approval; and
D. The approval scope of work and budget for fiscal year 2011-2012 includes the
evaluation of alternatives to the Cienega project, to comply with the selenium
TMDL compliance requirements, including source control of selenium Hot Spots
and construction of low-flow diversion to the sanitary sewer system.
WHEREFORE, in consideration of the mutual and respective covenants and promises,
and subject to all the terms and conditions hereinafter set forth, the parties hereto agree as
follows:
1. OBLIGATIONS OF CITY
a. CITY shall select and pay a consultant to develop a feasibility report for the
identification of alternative locations, design, implementation and operation of
stormwater/sanitary sewer diversion facilities to capture dry-weather selenium
EXHIBIT 1
20D-3
Agreement D12-030
discharges tributary to Upper Newport Bay, as set forth in Exhibit A, attached
to and by this reference, incorporated into this Reimbursement Agreement,
b. CITY shall monthly submit an invoice to COUNTY, with documentation
acceptable to the County, evidencing the milestones completed, deliverables
provided and fee earned by Consultant the prior month.
2. OBLIGATIONS OF COUNTY
COUNTY shall within thirty (30) days of receipt of CITY's invoice, reimburse
CITY for all costs paid to Consultant pursuant to the Agreement between CITY
and Consultant for the research and development of the feasibility report.
3. MAXIMUM OBLIGATION
Notwithstanding any provisions of this Agreement to the contrary, COUNTY and
CITY mutually agree that COUNTY's not-to-exceed payment obligation shall be
Sixty Thousand Dollars ($60,000.00).
4. NOTICES
Notices to the parties, unless otherwise requested in writing, shall be 1.) delivered
personally or 2.) sent by certified mail, return receipt requested or 3.) sent by
telefacsimile followed by a mailed copy, addressed as follows:
To CITY:
Director of Public Works
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92701
Facsimile: 714-647-5635
To COUNTY:
Director of Public Works
County of Orange
300 N. Flower Street
Santa Ana, CA 92702-4048
Facsimile: 714-834-2395
Notices shall be deemed received when actually received in the office of the
addressee or when delivery is refused, as shown on the receipt of the U. S. Postal
Services, or other person making the delivery, except that notices sent by
telefacsimile shall be deemed received on the first business day following
transmission.
[Signatures on the following pages.]
20D-4
CITY OF SANTA ANA
PAVE M. WALTERS
City Manager
Maria D. Huizar
Clerk of the Council
Raul Godinez, H
Executive Direct
Approved as to form:
Assistant City
Agreement D12-030
20D-5
Agreement D12-030
COUNTY OF ORANGE,
a political subdivision of the State of California
Date: 4 -r? L--12 By.
Chair of the Boaz of Supervi ors
SIGNED AND CERTIFIED THAT A
COPY OF THIS AGREEMENT HAS
BEEN DELIVERED TO THE CHAIR OF
THE BOARD.
Date: G - 6-? 2 By
NSVdn Novak
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM
COUNTY COUNSEL
By
Da
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Agreement D12-030
Exhibit A - Scope of Work
On December 10, 2009, the Santa Ana Regional Water Quality Control Board issued
Time Schedule Order (TSO) R$-2009-0069 to regulate groundwater-related discharges,
particularly those containing elevated selenium levels, in the Newport Bay Watershed.
The TSO mandates the County of Orange, Orange County Flood Control District, and
other entities that are subject to the TSO, including the City of Santa Ana, to develop and
implement a Best Management Practices Strategic Plan describing a phased approach for
complying with the TSO requirements. In order to develop an effective plan, it is
necessary to assess the potential for selectively diverting groundwater and surface waters
containing elevated levels of selenium to the sanitary sewer. The work under this scope
of work will focus on opportunities within the Santa Ana-Delhi Channel Watershed.
The project, to be managed by the City of Santa Ana, will develop a Conceptual Design
Report to provide information to base decisions on the viability of diversions of low
flows in the Santa Ana-Delhi Watershed. The Report will include an evaluation of
conceptual it layouts at candidate diversion locations, site requirements anticipated
selenium loading reductions, preliminary costs, potential grant funding opportunities,
necessary permits and regulatory issues from both a stormwater permit, TMDL and
sanitary sewer permitting perspective.
It is anticipated that the Orange County Sanitation District (OSCD) may require the
stormwater diversion system to only discharge to OCSD during off-peak hours. As such,
two project scenarios should be considered: 1) A continuous discharge to the sanitary
sewer system: 2) Capture and pump discharge to the sanitary sewer system during off-
peak hours. The relative emphasis of each in the Report will be shaped by feedback from
OCSD.
The following tasks will comprise the scope of work:
1. Field Review
A field review of candidate diversion locations will be conducted in the Santa Ana-Delhi
Channel Watershed. The field review will gather pertinent information regarding each
diversion location include field measurements of discharge rates, photo reconnaissance,
facility location identification, and the preparation of a scaled aerial photo of the site
(aerial photos obtained from commercial sources).
Deliverables:
• Site sketches based on field measurements for each project location
• Low flow discharge measurements/estimation calculations
• Site photos
• Aerial photo with the project area overlay
• Vicinity map for each location
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Agreement D12-030
2. Initial Sampling and Water Quality Analyses in Low Flows
A minimum of one grab sample will be collected at each candidate diversion location
along with flow measurements. Laboratory testing will be conducted for selenium, total
dissolved solids, and nitrate in the water samples using protocols previously used for the
Nitrogen and Selenium Management Program.
Deliverables:
Laboratory test results and flaw measurements
3. Existing Utility Research
A preliminary utility search will be conducted at each candidate diversion location. It is
assumed all general utility information will be obtained from the City of Santa Ana.
Utilities of interest include:
• Sanitary sewer
• Local storm drain facilities
• Existing potable/reclaimed water pipelines
• Natural gas pipelines
• Petroleum pipelines
• Electrical service
Deliverables:
Incorporate Existing Utility Research into Conceptual Site Layout
4. Develop Preliminary Diversion Sizing Requirements
Preliminary sizing of the candidate diversion locations will include the following:
• Establish flow rates and identify gross solids removal requirements
• Establish volumetric requirements for a wet-well storage basin
• Establish general flow and conveyance requirements
• Establish pumping requirements assuming an eight-hour runtime
A general listing of equipment requirements and associated sizing will be provided.
Deliverables
• Incorporate Preliminary Diversion Sizing Requirements into Conceptual Site
Layout and Conceptual Design Report
5. Conceptual Site Layout
Conceptual site layouts will be developed for each of the candidate diversion locations.
The conceptual site layouts will include the following:
• Identify site constraints for each candidate diversion location
• Site configurations for the proposed channel diversion structures
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P,
Agreement D12-030
• Site configurations for overall site based on the site constraints and proposed
diversion structures
Deliverables
• Develop two conceptual layouts for each candidate diversion location
• Incorporate Conceptual Site Layout into Conceptual Design Report
6. Preliminary Assessment of Costs
A preliminary assessment of costs will be provided for each alternative. These costs will
be limited to initial implementation and need not include life cycle costs.
Deliverables
• Incorporate Preliminary Assessment of Costs into Conceptual Design Report
7. Regulatory Compliance Assessment
The selenium loading reduction and receiving water benefits, if applicable, from
diversions will be assessed relative to the draft Best Management Practices Strategic Plan
and existing and proposed selenium TMDLs.
Meetings will be held with watershed funding partners and OCSD to present information
and receive feedback.
Deliverables
• Incorporate Regulatory Compliance Assessment into Conceptual Design Report
8. Conceptual Design Report
A Conceptual Design Report outlining the aforementioned design parameter, costs and
regulatory compliance assessment will be prepared. A draft Table of Contents follows:
• Introduction
• Project Descriptions
• Conceptual Site Layouts
• Estimated Costs of Construction
• Environmental and Regulatory Issues
• Recommendations for Next Steps
• Summary
Deliverables
• Draft Conceptual Design Report for review
• Final Conceptual Design Report
• Final electronic version of Conceptual Design Report in pdf format
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