HomeMy WebLinkAbout20B - AA - COOP AGMT - DIVERSION PROJREQUEST
COUNCIL
FOR
ACTION
CITY COUNCIL MEETING DATE;
APRIL 19, 2016
TITLE:
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 MANAGERIV
IJ�Due 17,117J01014
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on tat Reading
❑ Ordinance on 2nd Reading
C] Implementing Resolution
❑ Set Public Hearing For
FILE NUMBER
1. Recognize a Mitigated Negative Declaration for the Santa Ana Delhi Diversion Project.
2. Authorize the City Manager and Clerk of the Council to execute a Cooperative Agreement
with the City of Costa Mesa that advances funds in an amount not to exceed $1,100,000 for
construction of the portion of the Santa Ana Delhi Diversion Project within the limits of City of
Costa Mesa and require reimbursement of $600,000 to the City of Santa Ana by January 31,
2017, subject to nonsubstantive changes approved by the City Manager and City Attorney.
3. Amend the Fiscal Year 2015 -2016 Capital Improvement Project to increase the Delhi
Diversion Project budget by $1,100,000.
4. Approve an appropriation adjustment to recognize a $600,000 Expense Reimbursement from
City of Costa Mesa and $500,000 from Federal Clean Water Protection Enterprise prior year
fund balance, and appropriate $1,100,000 in the Federal Clean Water Protection Enterprise
Fund.
DISCUSSION
The Santa Ana Delhi Diversion Project (Delhi Project) is a regional collaboration between
Santa Ana, Costa Mesa, Newport Beach, County of Orange, and the Orange County Flood
Control District. 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.
20B -1
Cooperative Agreement with the City of Costa Mesa
Santa Ana Delhi Diversion
April 19, 2016
Page 2
The Delhi Project will divert trash and debris flow from the Santa Ana Delhi Channel into a
containment area while conveying dry weather flows into an Orange County Sanitation District
(OCSD) trunk sewer main. The OCSD trunk sewer main serves an Orange County Water District
(OCWD) advanced water purification system ( "Groundwater Replenishment System ") which
helps replenish OCWD aquifers benefitting the public. OCWD participation in the project will
assist in accomplishing its goal to increase flows in the OCSD system and increase source water
for groundwater replenishment.
In accordance with Section 15074(b) of the California Environmental Quality Act (CEQA), before
any action can be taken on a project, the decision - making body of the lead agency must first
consider the environmental impacts of the project. Since the City of Santa Ana is the lead
agency for the Delhi Project, Council approval of the environmental impact findings is required. A
Mitigated Negative Declaration has been prepared for this project (Exhibit 1). The process is
summarized in the Environmental Impact section below.
The City of Costa Mesa is currently advertising for bids to construct its Bristol Street Median
Project within the City of Costa Mesa. The project is scheduled to start in May 2016. However, a
portion of the Delhi Project is within the city limits of Costa Mesa and will conflict with the Bristol
Street Median Project. The Delhi Project is several months away from advertising and is not
scheduled to start until early 2017. To mitigate this conflict, staff recommends building the
underground portion of the Delhi Project in conjunction with Costa Mesa's Bristol Street Median
Project. By including this work in Costa Mesa's project, the Delhi Project (and, by extension, the
City of Santa Ana) will experience significant savings in construction management costs,
mobilization costs, street reconstructions costs, traffic control costs, as well as construction time
savings.
To realize these cost savings and to allow Costa Mesa to complete their time - sensitive, grant -
funded Bristol Street Median Project, the City of Santa Ana and the City of Costa Mesa desire to
enter into a Cooperative Agreement (Exhibit 2). This agreement outlines a funding exchange in
which Santa Ana will provide funds to Costa Mesa, in an amount not to exceed $1,100,000.
These funds are to be used exclusively to construct the portion of the Santa Ana Delhi Diversion
Project that is in conflict with the Costa Mesa Bristol Street Median Project. The advance is
comprised of the City of Santa Ana's share of the construction cost for the Delhi portion
($500,000) and the City of Costa Mesa's share ($600,000). The Cooperative Agreement requires
Costa Mesa to reimburse Santa Ana for its $600,000 share by January 31, 2017.
The City of Santa Ana's Capital Improvement Program for Fiscal Year 2015 -2016 currently
identifies a total budget of $343,050 for Preliminary Engineering expenditures. The budget
increase of $1,100,000 is needed to fund the cost to construct the portion of the Santa Ana Delhi
Diversion Project that will be completed along with the Costa Mesa Bristol Street Median Project.
Approval of the appropriation adjustment will allocate the necessary funds for the completion of
this portion of the project.
20B-2
Cooperative Agreement with the City of Costa Mesa
Santa Ana Delhi Diversion
April 19, 2016
Page 3
A separate Cooperative Agreement will establish funding obligations for all agencies participating
in the Delhi Project. It is anticipated that the Delhi Project Cooperative Agreement will be
finalized and approved by all parties involved in June 2016. Expenditures for the portion of the
Delhi Project constructed in Costa Mesa will be credited toward Santa Ana and Costa Mesa's
respective future obligations.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 Community Facilities &
Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City
assets), Strategy G (develop and implement the City's Capital Improvement Program in
coordination with the Community Investment and Deferred Maintenance Plans).
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA), a Mitigated Negative
Declaration (MND) has been prepared for the Santa Ana Delhi Channel Diversion Project (Exhibit
2). As noticed in the Orange County Register on January 27, 2016, the public review period for
the MND was from January 27, 2016, to February 25, 2016. Documentation was available for
viewing on the City website, the Public Works Counter in City Hall, the Santa Ana Main Library,
and the Orange County Public Library, Mesa Verde Branch. Written comments on the MND were
received from Orange County Public Works, Department of Transportation (Caltrans), Orange
County Water District, John Wayne Airport, and the Santa Ana Regional Water Quality Control
Board. The comments did not present issues that were substantive in nature or resulted in
changes to any MND findings. All comments have been addressed in the Response to
Comments document on the MND. The proposed project would have a less than significant
impact on the environment. As planned, the Delhi Project would eliminate dry weather flows in
the Santa Ana Delhi Channel to help improve water quality in downstream receiving waters
including Upper Newport Bay.
FISCAL IMPACT
With the approval of the appropriation adjustment, revenues in the amount of $1,100,000 will be
recognized in the Federal Clean Water Protection Enterprise Fund as follows: $600,000 in the
Expense Reimbursement from City of Costa Mesa account (No. 05717002- 57013) and $500,000
in the Prior Year Fund Balance account (No. 05717002 - 50001) for appropriation into the Federal
Clean Water Protection Enterprise Fund Capital account (No. 05717640- 66220) for expenditure
in Fiscal Year 2015/2016. The reimbursement in the amount of $600,000 from the City of Costa
Mesa will be received in FY 2016 -2017.
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Cooperative Agreement with the City of Costa Mesa
Santa Ana Delhi Diversion
April 19, 2016
Page 4
Executive Director
Public Works Agency
FM /EW G /TC
APPROVED AS TO FUNDS & ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibits: 1. Mitigated Negative Declaration for Santa Ana Delhi Channel Diversion Project
2. Cooperative Agreement with City of Costa Mesa
SANTA
ANA
DELHI
CHANNEL
DIVERSION
PROJECT
RESPONSE TO COMMENTS ON INITIAL STUDY /MITIGATED
NEGATIVE DECLARATION
Prepared for:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
March 2016
Prepared by
URS Corporation
999 Town and Country Rd
Orange, CA 92868
Contact: Joseph Long, PE 714 - 352 -1528
`..
Table of Contents
1.0 Introduction ................................................................................... ............................... 1
2.0 Response to Comments ................................................................ ............................... 3
2.1 Comments from Orange County Public Works (Flood Programs Environmental
Resources, and Trails) .................................................................... ............................... 3
2.2 Comments from Santa Ana Regional Water Quality Control Board . ............................... 8
2.3 Comments from Orange County Water District (OCWD) ................. ............................... 9
2.4 Comments from John Wayne Airport ( JWA) ..................................... .............................10
2.5 Comments from Department of Transportation (Caltrans) ............... .............................10
Attachments
A Comment Letters on the IS /MND
B Updated Watershed Drainage Map
C Revised Figures 5 and 6 with labels for Golf Course and Pedestrian Bridge
D Revised Page 3 -1 showing OCFCD as a Project Sponsor
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1.0 INTRODUCTION
URS prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for the proposed Santa
Ana Delhi Diversion Project (Project) which evaluated the environmental effects of the Project in
accordance with the California Environmental Quality Act (CEQA Guidelines). The Project is
intended to remove dry- weather channel flows from the Santa Ana Delhi Channel watershed and
divert said flows into the Orange County Sanitation District's regional collection system for
treatment prior to discharge into the ocean or to be utilized as source water for the regional
Ground Water Recharge System. The primary intent of the Project is to protect Upper Newport
Back Bay from additional
pollutant loading generated by
flows from the Santa Ana Delhi
Channel watershed. The proposed
Project consists of three major
components: 1) dry- weather
diversion; 2) floatable debris
removal system; and 3) pumping
facilities to the regional sewer
collection system. The Project also
includes a 1.6 mile pipeline in
Bristol Street to the regional sewer
in Baker Street in the City of Costa
Mesa.
The proposed Project will be
located within the Newport Beach
Golf Course, adjacent to the east side
Aerial Overview Santa Ana Delhi Diversion Project Location
of the Santa Ana Delhi Channel approximately 900 feet upstream of the Irvine Avenue. The
Project is being developed with cooperation between the Cities of Santa Ana, Newport Beach,
and Costa Mesa, Orange County Public Works (OCPW) and the Orange County Flood Control
District (OCFCD) (Project Stakeholders). The Project is viewed as a multi - functional benefit and
regional water quality improvement project associated with the current and future NPDES
requirements and specifically in accordance with the proposed trash amendment to the existing
Municipal Separate Storm Sewer System (MS4) permit requirements.
The IS /MND concluded that construction and operation of the Project would not result in
significant adverse impacts to the environment. In accordance with the CEQA Guidelines, the
IS/MND was circulated for public and agency review for a period of 30 days. This review period
began on January 27, 2016 and ended on February 25, 2016. Public notice of availability was
published in the Orange County Register on January 27, 2016. The Notice of Availability was
also provided to the Orange County Clerk's office. The IS /MND was available for review at:
• City of Santa Ana Public Works Counter
• City of Santa Ana Public Library
• Orange County Public Library — Mesa Verde Branch (in Costa Mesa)
• City of Santa Ana Public Works Agency website: http : / /www.ei.santa- ana.ca.us /pwa/
20B-7
The IS/MND was sent to the State Clearinghouse (SCH) for distribution to state agencies and was
assigned SCH # 2016011069. The SCH sent copies of the IS /MND to the following state
agencies for review and comment:
State Agencies Receiving the IS /MND for Review
State Agencies Providing
Comments
California Coastal Commission
No
Department of Fish and Wildlife, Region 5
No
Department of Parks and Recreation
No
Department of Water Resources
No
Caltrans District 12
Yes
Division of Aeronautics
No
California Highway Patrol
No
Air Resources Board
No
State Water Resources Control Board, Division of Financial Assistance
No
State Water Resources Control Board, Division of Drinking Water
No
State Water Resources Control Board, Division of Water Rights
No
Regional Water Quality Control Board, Region 8
Yes
Native American Heritage Commission
No
State Lands Commission
No
Additionally, URS on behalf of the City of Santa Ana sent the IS /MND to the following local
stakeholders for review and comment:
Local Stakeholders Receiving the IS /MND for Review
Local Stakeholders Providing
Comments
City of Newport Beach
No
City of Costa Mesa
No
Orange County Flood Control District
Yes
Orange County Watersheds
No
Orange County Sanitation District
No
Orange County Water District
Yes
Newport Bay Conservancy
No
Surfrider Foundation — Newport Beach Chapter
No
Orange County Coastkeeper
No
John Wayne Airport
Yes
All comments received on the MND are included in Attachment A. Responses to comments are
provided in Section 2.0.
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2.0 RESPONSE TO COMMENTS
2.1 COMMENTS FROM ORANGE COUNTY PUBLIC WORKS (FLOOD PROGRAMS
ENVIRONMENTAL RESOURCES, AND TRAILS) - FEBRUARY 24, 2016
2.1.1 Flood Programs
1. Comment: Request the IS/MND consistently address the County/ OCFCD as one of
project proponents along with the Cities of Santa Ana, Newport Beach and Costa Mesa.
Response: Comment noted. All references to the Project Proponents should include
County / OCFCD.
2. Comment: Change reference to Watershed Protection Group in Section 1.0 to
Environmental Resources.
Response: Comment noted. The name change is acknowledged.
3. Comment: Correct typo, reference are listed in Section 6.0, not 7.0.
Response: Comment noted.
4. Comment: Please verify acreage of Santa Ana Delhi Channel (F01) catchment area.
Response: OCFCD provided a new watershed drainage area map that shows a FO watershed
area of 10,900 acres. This new map is provided as Attachment B of this Response to
Comment document.
5. Comment: Please verify drainage boundaries of Santa Ana Delhi (F01), Santa Ana
Gardens (1702) and Paularino (F03) shown in the Figure 1 of the MND versus the F01
Proposed Diversion Structure Watersheds map provided by the OCFCD to the City of
Santa Ana.
Response: OCFCD provided a new watershed drainage area map showing boundaries for FOl,
F02 and F03. This newer map is included as Attachment B and would supersede Figure 1 in
the IS /MND.
6. Comment: Based on the new drainage area map provided, please verify the
contributory acreages of the Cities of Santa Ana, Costa Mesa, Newport Beach, Irvine
and Unincorporated Orange County.
Response: Based on the new drainage area map provided by OCFCD, the contributory
acreages of the Cities of Santa Ana, Costa Mesa, Newport Beach, Irvine and Unincorporated
Orange County are: 6983, 3019, 128, 159 and 611 acres, respectively.
7. Comment: The proposed diversion should not worsen existing hydraulic conditions of
FOI. Existing and post project hydraulic analysis need to be performed to evaluate the
project's impact to F01 and mitigation measures proposed in consultation with OCPW
if there are any adverse impacts.
Response: The project is designed in accordance with the OC Flood Design Manual to meet
all requirements for maintaining the flood control capacity of the channel. Hydraulic analyses
have been performed by URS in coordination with OCFCD and provided in the Hydraulic
411 •
Study on file with OCFCD. The Hydraulic Study describes the analyses performed on the
channel, diversion structure, and local storm drain inlet systems. The level of flood protection
offered by FO has not been affected. No additional flood areas have been created by the
proposed structure.
8. Comment: The description of Element 2 (Debris Containment System) specifies what
happens to flows /debris up to 2 feet in depth and flows /debris above 3 feet in depth but
under 7 feet. Provide an explanation of what happens to floating debris and flows within
the range of 2 -3 feet of depth.
Response: At no point are flows fully retained by the diversion structure. For clarification, the
following description of operational flow ranges is provided.
All flows less than 20 cubic feet per second (efs) will be redirected into the facility by the
cross - channel weir to be treated via an inclined (Coanda) screen and returned to channel
through a transfer culvert within the off - channel diversion facility (HEC -RAS Bypass
Culvert). Flows exceeding 20 cfs will exceed the flow capacity of the transfer culvert and
begin to flood the off - channel diversion facility and pass through trash nets for floating
debris treatment until a point such that sufficient downstream head has been built to overtop
the cross channel weir. At this point, flows and floating debris will be skimmed by the resting
reinforced boom into the off - channel diversion facility until a channel water surface of
approximately IS inches has been reached. Once a water surface of IS inches has been
reached, the boom will begin to float up to a water surface of 6 feet 6 inches (approximately a
2 -year water quality event). The boom will skim and redirect the top portion of flows for
floating debris into the off channel diversion facility up until this set release point has been
reached After a water quality event water surface has been attained, the boom will release
from the downstream support while remaining fixed to the upstream support. Floating litter
and debris directed into the off - channel diversion facility will be retained by the trash nets.
Concurrently, the trash nets will collapse after a water quality event water surface has been
attained in order to prevent damage from the 100 -year flood control event water velocities. A
secondary coarse bar screen has been provided at the exit of the off - channel diversion facility
to retain pollutants that have entered the off- channel diversion facility but have either
bypassed the trash nets or exceeded the trash net storage capacity during a water quality event.
9. Comment: Please verify maintenance frequencies described in different sections of the
IS /MND for consistency.
Response: Long term maintenance, which includes removal of accumulated debris, sediment,
and floatables within the diversion facility, is expected to be on a 30 -day maintenance cycle,
after each rain event, or as required.
10. Comment: Please state in the IS/MND and Operations & Maintenance Plan detailing all
required maintenance activities, responsibilities, and the frequencies associated with all
three project elements. All permits including those from Regulatory Agencies should be
shared with the OCFCD /County before they are finalized and become part of the O &M
Plan.
2M--10
Response: Operation and maintenance activities, responsibilities and frequencies of each
project element are identified in the table below. The Project Stakeholders named in the
Memorandum of Understanding (MOU) that is currently under development will be
responsible for ensuring that all stakeholders are informed of the regulatory permit process
and provided an opportunity for review /comment as applicable.
Project Element
Operation and Maintenance
Responsibility
Frequency
Activity
Element 1 -
Removal of accumulated debris,
OCFCD
Every 30 days, after each
In Channel
sediment, floatables from the
rain event, or as required.
Diversion Structure
floatable debris boom
Also, prior to Oct. 1 and
after April 30.
Reset the debris boom
OCFCD
After each storm event that
exceedsthe2 -year storm
event water surface
Element 2 —
Removal of accumulated debris,
OCFCD
Every 30 days, after each
Channel Debris
sediment, floatables from
rain event, or as required.
Removal System -
Coanda screen and debris
Also, prior to Oct. 1 and
containment area
after April 30.
Cleaning of CDS unit
OCFCD
Every 6 months
Element 3 —
Inspection of pumps and wet
OCFCD
Every 6 months
Pumping Facilities
wells
Replacement of pumps
OCFCD
As needed (25 -year
minimum expected life
cycle)
11. Comment: The access road has to be moved within the golf course in a manner that
does not impact operation of the golf course.
Response: During project construction, the access road will be temporarily closed off, but the
bridge over the channel to the Front Nine will remain open. Long -term, the project has been
designed so that the re- aligned portion of the access road will be outside the golf course
existing lines of play.
12. Comment: Please add text regarding the project footprint requirements of the pipeline
and other features outside the County R/W as appropriate.
Response: The pipeline will be 1.6 miles long and placed in a 5 -foot wide trench in the
existing paved Bristol Street right -of -way. Pipeline construction plans will be reviewed and
approved by the City of Costa Mesa.
13. Comment: The existing access road is not open for public use at this time. Please revise
text as appropriate.
Response: It has been confirmed by Jeff Dickman of OCPW that the existing access road is
part of the Santa Ana Heights Regional Riding and Hiking Trail, a county master - planned
trail, and open for public use. The purpose for the trail is to connect the equestrian stable at
the OC Fairgrounds to Upper Newport Bay and to two other regional routes leading to Peters
20B -11
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Canyon Regional Park, Mason Regional Park and Irvine Coast Wilderness Park. Trail users
include walkers, joggers, runners, mountain bicyclists and equestrians.
14. Comment: Suggest labeling the "Back and Front of the Ninth hole" and the pedestrian
bridge on Figures 5 and 6 for anyone not familiar with golf terminology.
Response: Figures 5 and 6 have been revised to include labels for these features, and are
included as Attachment C of this Response to Comments document. The `Back Nine" is the
Newport Beach Golf Course's official name for the South East portion of the course which
contains the reservoir (lake). The "Front Nine" is the official name for the North West portion
of the course. The two halves are separated by the Santa Ana Delhi Channel which has a
pedestrian bridge spanning the two halves of the full course.
15. Comment: Page 2 -17, first paragraph reference the public recreation trail. Please delete
all references to trails in the IS/MND.
Response: See Response to Comment 13.
16. Comment: As shown in Table 2.4 -1 (page 2 -18 of the IS /MND), please identify where the
13,380 sq. ft. permanent maintenance easement and 4,300 sq. ft. sewer easement will be
located (e.g. within the streets, JWA or County property ?).
Response: Easements will be within the Newport Beach Golf Course as shown in Figures 5
and 6 (Attachment Q.
17. Comment: Page 3 -1, under item No. 5 Project Sponsor, please clarify here and
throughout the IS/MND that OCFCD is a Project Sponsor.
Response: Comment noted. It is acknowledged that OCFCD is a Project Sponsor along with
the Cities of Santa Ana, Newport Beach and Costa Mesa. Section 3.1 has been revised to list
OCFCD as a Project Sponsor and included in Attachment D of this Response to Comments
document.
18. Comment: It should be shown with analysis that the proposed in- channel diversion
facility and appurtenances will not affect the existing flood protection level provided by
the flood control facility.
Response: See Response to Comment #7. The project will not affect the existing flood
protection level provided by the flood control facility.
19. Comment: Please confirm the submerged depth of the pumps so that the IS/MND and
the project plans are consistent.
Response: The pump station wet well has a bottom invert of 32 feet below grade. During
normal dry weather operation, sump pumps shall be submerged between 2 and 8 feet of water
depth during pump cycling. During wet weather operation, wet well water surface will be
equal to channel water surface.
20. Comment: Agreements between the OCFCD /County and project partners are required
in order to define the terms and conditions under with OCFCD /County will accept
modifications to the channel and /or accept /share right -of -way, maintenance
209 -12
L.
responsibilities and associated costs before construction starts and permits can be issued
for work within OCFCD /County right -of way.
Response: Comment noted. Project Stakeholders are currently developing a MOU for project
operation and maintenance activities.
21. Comment: Please add the Preliminary Design Report including supporting technical
report(s) under "Appendices" on page ii of the IS/MND.
Response: Comment noted. It is acknowledged that the Preliminary Design Report could
have been included as a technical appendix to the IS/MND. However, the Preliminary Design
Report has been modified as part of final design and therefore some of the design portions of
the report are no longer current.
2.1.2 Environmental Resources Division
1. Comment: Reference to OCPW Watershed Protection Group in Section 1.0 should be
changed to OCPW Environmental Resources Division.
Response: Comment noted.
2. Comment: In Section 2.4.2, Project Operations, the storm season is defined as October
16 — April 14 and the non -storm season as April 15 through October 15. To be
consistent with the maintenance schedule under the County's local municipal storm
water permit and related municipal /industrial and construction site inspections and
maintenance that are to be conducted during the storm and non -storm seasons, the
timeframes should be defined as October 1 to April 30 and May 1 to September 30
respectively.
Response: Comment noted. The Project's operation and maintenance schedule will be
redefined in accordance with the County's local municipal storm water permit program's
definitions for the storm and non -storm season. This will be October 1 to April 30 for the
storm season and May 1 to September 30 for the non -storm season.
2.1.3 Comments from OCFCD /SAR /Trails
1. Comment: Over 15 years ago, the County of Orange built a portion of the Santa Ana
Heights Regional Riding and Hiking Trail, a county master planned dirt trail. The trail
is currently open along the east side of the channel from Irvine Avenue upstream to
Santa Ana Avenue. The trail is open from sunrise to sunset for use by walkers, joggers,
runners, bicycle riders and equestrians.
• The proposed project must not interfere with the public's use of this trail or alter
the existing decompose granite trail tread, which is the hallmark of the County /s
natural — surface trails
• Any alteration, detour, temporary closure or reconstruction of the Santa Ana
Height Regional Riding and Hiking Trail must be approved in writing by the
County prior to the start of work.
• Applicant will be responsible for any repairs to the decomposed trail tread, signage,
bollards, gates and other trail - related amenities.
20B -13
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Response: Comment noted. The project will require temporary closure of the trail during
construction of the channel diversion facilities for approximately 120 days. After
construction, the trail will be restored to existing conditions using decomposed granite. The
City of Santa Ana will seek approval of the trail reconstruction plans from OCPW prior to the
start of work.
2.2 COMMENTS FROM SANTA ANA REGIONAL WATER QUALITY CONTROL BOARD —
FEBRUARY 25, 2016
1. Comment: The Project design should consider the impacts of removing all low flows at
the diversion structure to downstream aquatic ecosystems, including a freshwater
emergent wetland that exists in the section of the Santa Ana -Delhi Channel downstream
of the Mesa Street Bridge. In this location, freshwater pools form above the tidal
influence that wildlife utilizes. Species observed in this location include western pond
turtle and California least tern, a California species of special concern and federally -
listed endangered species, respectively. As such, Project proponents should determine
avoidance, minimization or mitigation resulting from Project impacts to the listed and
other freshwater marsh species established in the areas downstream of the project site.
United States Fish and Wildlife Service staff expressed concern over the reduction of
channel flows into Upper Newport Bay that would result from the project and possible
impact to the salt -water marsh located downstream of the channel confluence with the
Bay. The Project proponents should respond to the USFWS concern prior to
implementing the Project and consider Project options to avoid potential adverse
impacts to the downstream salt marsh.
Response: Portions of Final Design for the Project were based off of recommendations made
by the Santa Ana Regional Water Quality Control Board in the Santa Ana Delhi Channel
Watershed Water Quality Summary (Shibberu, 2009). This sunnuary rcconnnended that the
channel low -flow notch be blocked during the dry season (See Table 16 of Section 5.0). Final
Design of the project included blocking the trapezoidal low -flow "notch" during all weather
events via a cross - channel weir. Up to 20 cubic feet per second (cfs) of flows blocked by the
proposed diversion structure will be screened via an inclined screen (Coanda) type BMP to
remove trash and debris. Up to 3 cfs may be pumped from a Transfer (Bypass) Culvert to be
discharged into the regional sewer collection system; all flows exceeding this capacity will be
returned to channel. The Bypass Culvert is designed such that up to 20 cfs of annual flows
will be returned to channel after receiving screening treatment to remove trash and other
debris.
Also, flows in the channel downstream of the Project (e.g. below the Mesa Street Bridge) will
not be affected by the Project and will continue to flow in this downstream channel reach.
These flows enter the channel from local storm drain inlets that include at least (1) 36 ", (2)
42 ", and (3) 18" storm drain system inlets and contribute to channel flows downstream of the
Proj ect.
To address USFWS' concern regarding reduction of channel flows into Upper Newport Bay,
operation of the Project pumps to divert flows to the regional sewer collection system
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(Element 3) could be modified, including pumping for a shorter duration, or if necessary
shutting down the pumps at certain times to provide low flows that the USFWS and the
SARWQCB find agreeable for discharge into the Upper Newport Bay.
2. Comment: Project implementation could result in increased erosion in the earthen
downstream sections of the channel. The project would remove sediment from dry
weather flows along the earthen section of the channel from Mesa Street to Upper
Newport Bay. The lack of sediment deposition could encourage greater scouring during
wet weather flows. Board recommends conducting a hydraulic study of the channel
examining sediment transport prior to determining whether to construct the project.
Response: OCFCD is currently aware of erosion issues along the earthen section of the
channel from Mesa Street to Upper Newport Bay and is currently developing a channel
restoration project to address these issues.
Erosion issues result from upstream portions of the channel that are fully hardened in a fully
urbanized watershed with comparatively minor sediment loading from the Delhi Watershed
to Newport Bay Watershed (Shibberu, 2009). It is estimated that of the 74.7 tons of combined
material removed annually from Santa Ana Delhi sub - watershed based on period 2012 -2014
( OCFCD), 33.3% consisted of sediment which amounts to 24.6 tons of sediment. It is
possible that 24.6 tons of sediment may be fully retained by the proposed diversion structure
and removed by maintenance operations. This retained 24.6 tons of sediment constitutes 0.04%
of the overall TMDL limit of 62,500 ton per annum for the Newport Bay Watershed
(Shibberu, 2009) and would not require a hydraulic study of the channel examining sediment
transport.
During wet weather, water is not capable of pooling several feet deep behind the diversion
structure before it is released downstream. Flows less than 20 efs will be diverted through an
off - channel diversion facility for screening treatment and returned to channel via a Bypass
Culvert. Flows exceeding 20 cfs, but less than that of a 2 -year water surface will pass through
both the off - channel diversion facility trash nets, and main channel. Only the top 18 inches of
flows are to be skimmed for floating litter and debris by a floating boom that rises to match
the 2 -year water surface. The boom will partially release after a 2 -year water surface has been
reached to maintain the 100 -year flood control capacity of the channel provided by both the
off - channel diversion facility and the main channel at the proposed project site. At no point
are flows fully contained by the facility, only 3 cfs of dry- weather flows may be pumped
from the Bypass Culvert if not returned to channel.
2.3 COMMENTS FROM ORANGE COUNTY WATER DISTRICT (OCWD) — FEBRUARY 25, 2016
1. Comment: OCWD operates a non - potable recycled water supply system called the
Green Acres Project that delivers recycled water to irrigation and industrial users. A
portion of the Green Acres Project pipeline is located in the vicinity of the proposed
Santa Ana Delhi Channel Diversion Project area. OCWD requests that the applicant
consider potential impacts to this pipeline as the project is designed and constructed.
Response: Comment noted. Project design plans include provisions for maintaining clearance
of the Green Acres Project pipeline.
20B -15
2.4 COMMENTS FROM JOHN WAYNE AIRPORT (JWA) - FEBRUARY 25, 2016
1. Comment: Homes border the golf course that could be impacted by excessive odors as
well as people who play golf along the channel. The MND should include a clear
description of how odor issue will be mitigated or eliminated.
Response: IS /MND Section 4.3. Le (page 4 -15) addresses potential odor impacts of the
project. The section states that the screening of trash may result in the build -up of trash which
may be a source of odors. Removal of accumulated trash within the channel is expected to be
on a 30 -day maintenance cycle, after each rain event, or as required. If collected trash
presents a source of odors, the atypical source of trash would be removed or the frequency of
cleaning would be increased to eliminate the source of odors.
2. Comment: JWA appreciates that project maintenance language provided in the MND
allows for more frequent clean -out of the diversion facility as needed.
Response: Comment noted.
3. Comment: JWA requests that the MND discuss whether any trees will be impacted by
the project and recommends that the trees be saved if possible, or that other trees be
replanted.
Response: Existing non - native trees along the fence line of the golf course will be removed to
accommodate the relocated access road. Replacement of trees, if desired, can be addressed in
the MOU being prepared by the Project Stakeholders.
4. Comment: In several MND sections, there is reference to "County of Orange Airport
Land Use Commission." This should be changed to "County of Orange /John Wayne
Airport ", since County of Orange /John Wayne is the property owner with authority to
grant easements for the project, not the Commission.
Response: Comment noted.
2.5 COMMENTS FROM DEPARTMENT OF TRANSPORTATION (CALTRANS) — FEBRUARY 23,
2016
1. Comment: Caltrans requests that the applicant submit Environmental Review
Documents to the Local Development/Intergovernmental Review Branch prior to
request for permit.
Response: On January 26, 2016, URS submitted a hard copy of the IS /MND to Caltrans
District 12 in advance of the Encroachment Permit application. Staff in Caltrans District 12
Environmental Unit received this copy of the IS/MND as well as relevant portions of the
Project plans for review (e -mail exchange with Ed Dolan, Caltrans Environmental Unit,
02/20/16). Also, the SCH sent the IS /MND to Caltrans District 12 for environmental review
as part of the IS/MND 30 -day circulation period.
2. Comment: The City of Santa Ana must obtain a fee exempt Encroachment Permit prior
to commencement of work within the State Right of Way. Also, the City's contractor
will also have to apply for a Double Permit to perform the work.
20B' °16
Response: Comment noted. The City of Santa Ana is in the process of applying for an
Encroachment Permit and is aware of the Encroachment Permit procedures outlined in the
Caltrans comment letter.
20B -17
Attachment A
Comment Letters on the IS /HIND
41IMFOO
7
a big rs
Integrity, Accountability, Service, Trust
Shane L. Silsby, Director
February 24, 2016 NCL -16 -011
Mr. Tyrone Chesanek, Principal Civil Engineer
City of Santa Ana, Public Works Agency
20 Civic Center Plaza
Santa Ana, California 92701
Subject: Notice of Intent to Adopt a Mitigated Negative Declaration for the Santa Ana Delhi
Channel Diversion Project
Dear Mr. Chesanek:
The County of Orange has reviewed the Notice of Intent to Adopt a Mitigated Negative Declaration
for the Santa Ana Delhi Channel Diversion Project and offers the following comments:
Flood Programs:
1. Page 1 -5, Section 1.0, 1" paragraph of the IS /MND states that "The City of Santa Ana in
association with the Cities of Newport Beach and Costa Mesa Is proposing a low flow diversion
project.." Please add County /OCFCD as one of the project proponents to be consistent with
the rest of the document.
2. Page 1 -5, Section 1.0, 3rd paragraph: Please change "Watershed Protection Group" to
"Environmental Resources ".
3. Page 1 -6, Section 1.2, last sentence: Please correct typo — references are listed in Section 6.0
(not 7.0).
4. Page 2 -1, Section 2.2, In and 2nd paragraphs indicate that the total tributary area to Santa Ana
Delhi Channel (F01) is 10,158 acres. Our records show F01 has a catchment area of about
11,000 acres. Please verify and revise as appropriate.
S. Page 2 -5, Figure 1: It is noted that the watershed boundaries of Santa Ana Delhi (F01), Santa
Ana Gardens (F02), and Paularino (F03) Channels have some discrepancies compared to the
drainage map (i.e., F01 Proposed Diversion Structure Watersheds rev.pdf) provided to the City
of Santa Ana (City). Please verify drainage boundaries and revise as appropriate.
300 N. Flower Street, Santa Ana, CA 92703
P.O. Box 4048, Santa Ana, CA 92702 -4048
20B -19
www.00publioworks.com
714.667.8800 9 Info@OCPw.00gov.00m
6. The drainage map referred to in comment item 5 above also includes contributory drainage
acreages from the Cities of Santa Ana, Costa Mesa, Newport Beach, Irvine, and Unincorporated
Orange County. These acreages differ from those reported on page 2 -1, Section 2.2, 2nd
paragraph of the IS /MND. Please verify and revise as appropriate.
T Page 2 -7, Section 2.4.1 indicates that the proposed project includes an in- channel diversion
structure that will utilize a semi -rigid floatable boon and a one foot high broad crested weir
that spans the entire channel. The proposed diversion facility should not worsen existing
hydraulic conditions of F01. Existing and post project hydraulic analyses need to be performed
to evaluate the proposed project's impact to F01 and mitigation measures proposed in
consultations with OC Public Works /Infrastructure Programs /Flood Program Support (FPS), if
there are any adverse impacts.
B. Page 2 -8, Element 2, 2nd paragraph states, "Primary containment will be the storage location of
debris and trash collected by the system for channel dry weather flows and flows up to 2 feet
of depth" and "Floating debris carried by storm evets greater than 3 feet of depth but under 7
feet of depth will be redirected into the facility by Element 1 and retained by secondary
containment chamber." It is unclear what happens to floating debris and flows within the
range of 2 -3 feet of depth. Please review and add explanation as appropriate.
9. Page 2 -8, Element 2, 3'a paragraph states, "At minimum debris captured will be removed from
debris storage area every 90 days. For optimum performance debris captured will be removed
prior to beginning of each storm season and at conclusion of storm season." Please see also
page 2 -10: Storm Season Operations and Estimated Trash Removal Operation; page 2 -19: Long
Term Maintenance Operations; and page 4 -3, 2 "d paragraph. Please verify maintenance
frequencies described in different sections of the IS /MND to ensure consistency.
10. Please state in the IS /MND that an Operations & Maintenance Plan detailing all required
maintenance activities, responsibilities, and the frequencies associated with all three project
elements: in- channel diversion structure, channel debris removal system, pumping facilities
will be prepared. All permits including those from Regulatory Agencies should be shared with
OCFCD /County before they are finalized and become part of the O &M Plan.
11. Page 2 -10, General Maintenance Operations, the IS /MND states, "However in special
circumstances, such as pump removal for replacement, temporary access may be required."
The access road has to be moved within the golf course in a manner that does not impact
operation of the golf course.
12. Page 2 -10, Section 2.4.3, Project Footprint Requirements: This paragraph seems to address the
diversion footprint of the project only. It does not discuss the project related to the pipeline
and other features outside of County R /W. Please review and add text as appropriate.
13. Page 2 -10, Section 2.4.3 states, 'The existing access road, currently open for public
recreational purposes, will need to be re- established as part of the development of the
project." The existing access road is not open for public use at this time. Please revise the text
as appropriate.
300 N. Flower Street, Santa Ana, CA 92703
P.O. Box 4048, Santa Ana, CA 927024048
20B -20
www.ocpublieworks.com
774.667.8800 I I nfo@OCP W.ocgov.com
14. Page 2 -11, Vt paragraph: There is a reference to "Back and Front of the Ninth hole" and the
pedestrian bridge. These features should be labeled on Figures 5 and 6, If being reference
within the text of the IS /MND since reference Is "golf terminology" that everyone may not be
familiar with.
15. Page 2 -17, 1s' paragraph states, "The access ramp to the proposed facility will be gated
separately from access road for use by OCFCD for general maintenance and public recreation
trail." Please see page 2 -8, last paragraph regarding trail issue. There is no existing public trail
within the project site. Please delete all references to trails from the IS /MND.
16. Page 2 -18, Table 2.4 -1: "Permanent Maintenance Easement Needed (Square Feet) 13,380" and
"Sewer Easement Needed (Square Feet) 4,300." Please identify where these easements are.
Are they within streets, John Wayne Airport. or County property?
17. Page 3 -1, Section 3.1, Item No. 5 Project Sponsor's Name and Address: This Item omits OCFCD
as a sponsor. Definition of Sponsor needs to be clarified and the documents revised as
appropriate.
18. Page 4 -38, Section 4.9.1, item c, "Elements of the diversion facilities will be constructed within
the concrete -lined Santa Ana Delhi Channel and will not affect the flood control capacity,
drainage pattern of the area or alter the course of the channel." Please see also page 4-38,
item d and page -39, item h. It should be shown with analysis that the proposed in- channel
diversion facility and appurtenances will not affect the existing flood protection level provided
by the flood control facility. Please see comment no. 7 above also.
19. Page 4-48, Section 4.12.1.a states, 'These pumps will be completely submerged to a depth of
35 feet below grade." The plans show 32' below grade. Please verify and revise as appropriate.
20. Agreements between the OCFCD /County and project partners are required in order to define
the terms and conditions under which OCFCD /County will accept modifications to the channel
and /or accept /share right -of -way, maintenance responsibilities and associated costs before
construction starts and permits can be Issued for work within OCFCD /County right -of -way.
21. Please add the Preliminary Design Report including supporting technical report(s) under
"Appendices" on page ii of the IS /MND.
If you have any questions or need clarification please do not hesitate to contact Mehdi Sobhanl at
(714) 667 -3998 or Penny Lew at (714) 647 -3990.
Environmental Resources:
1. Section 1.0, introduction (page 1 -5): The reference to OC Public Works Watershed Protection
Group in the third paragraph should be changed to OC Public Works Environmental Resources
Division.
300 N. Flower Street, Santa Ana, CA 02703
P.O. Box 4048, Santa Ana, CA 927024048
20B -21
www.00publlcworks.com
714.087.0800 1 I nFo @OCP W.00gov.00m
2. Section 2.4.2, Project Operations (pages 2 -9 to 2 -10): This section breaks down project
operations during the non -storm season and storm season. The document defines the storm
season as October 16 to April 14 and the non -storm season as April 15 through October 15. In
order to be consistent with local municipal stormwater permits and related
municipal /industrial /construction site inspections and maintenance that are to be conducted
during the storm or non -storm seasons, the timeframes should be defined as October 1 to
April 30 and May 1 to September 30, respectively.
Flood MR/Trails:
1. Over 15 years ago, the County of Orange built a portion of its Santa Ana Heights Regional
Riding and Hiking Trail, a county master - planned dirt trail. The trail is currently open along the
east side of the channel from Irvine Avenue upstream to Santa Ana Avenue. The trail is open
from sunrise to sunset for use by walkers, joggers, runners, mountain bicycle riders and
equestrians. The trail is planned to connect the Orange County Fairgrounds to Upper Newport
Bay Nature Preserve, the Peters Canyon — Irvine Coast Regional Riding and Hiking Trails and the
Mesa Drive Trail.
• The proposed project must not interfere with the public's use of this trail or alter the
existing decomposed granite trail tread, which is a hallmark of County's natural- surface
trails.
• Any alteration, detour, temporary closure or reconstruction of the Santa Ana Heights
Regional Riding and Hiking Trail must be approved in writing by the County prior to the
start of work.
• Applicant will be responsible for any repairs to the decomposed trail tread, signage,
bollards, gates and other trail - related amenities.
If you have any questions or need clarification please do not hesitate to contact Jeff Dickman at
(714) 647 -3937.
cc: Mehdi Sobhani, Manager, OC Public Works /Flood Programs
Chris Crompton, Manager, OC Public Works /Environmental Resources
Jeff Dickman, OC Engineering, OC Public Works /Flood /SAR/Trails
300 N. Flower Street, Santa Ana, CA 92703
P.O. Box 4048, Santa Ana, CA 92702 -4048
20B -22
www.ocpubiloworks.com
714.667.8800 1 lnfo@OCPW.Ocgov.com
Water Boards
Santa Ana Regional Water Quality Control Board
February 25, 2016
Mr. Tyrone Chesanek,
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
PE, Principal Engineer
( \� E,,, , a"'.. ,Ii,
\iT ,,: vA�rry
Marn,�w Roonmve�m: n
Review of California Environmental Quality Act Mitigated Negative Declaration:
Ana -Delhi Channel Diversion Project
Dear Mr. Chesanek:
Thank you for the opportunity to comment on the mitigated negative declaration (M
D)
for the proposed Santa Ana Delhi Diversion Project (Project). The stated purpose o
the
Project is to eliminate dry weather flow and floating debris in the Santa Ana -Delhi
Channel to help improve water quality in Upper Newport Bay, The City proposes to
construct in an unincorporated area of Orange County a dry weather diversion stru
ture
within the Santa Ana Delhi Channel adjacent the Newport Beach Golf Course. Whe
operating, the Project will remove dry weather flows, trash, debris, and low flows du
ing
the wet season up to 3.0 cubic feet per second. In addition, the Project proposes the
construction of a 1.6 miles long pipeline to carry the diverted flows to an Orange Co
my
Sanitation District regional collection system located on Baker Street in the City of Cost:
Mesa.
The MND states that the City of Santa Ana, in association with the Cities of Newpe
Beach and Costa Mesa, has proposed the diversion project to address surface wa
quality issues. The Cities propose to address water quality issues in accordance v
the Orange County Municipal Separate Storm Sewer System permit as well as the
several total maximum daily loads (TMDLs) developed for Upper Newport Bay. A
primary intent of the Project is to address the current selenium TMDL while also
addressing TMDLs for bacteria, toxics, metals, and nutrients, and the recently apps
statewide trash amendment.
Regional Board staff appreciates that this Project appears likely to improve water
in Upper and Lower Newport Bay by reducing the loading of pollutants to the Bay.
requests consideration of the following comments on the MND when designing,
constructing, and implementing this Project.
The Project design should consider the impacts of removing all low flows at he
diversion structure to downstream aquatic ecosystems. As described in the 993
draft Environmental Impact Report (EIR) #527 "Santa Ana -Delhi System ", a d
w. ,, a K V e ,. ,:.:,
Santa Ana Delhi Diversion Project - 2 - February 25, 2016
easily observed when on -site, a freshwater emergent wetland exists in the
section of the Santa Ana -Delhi Channel (channel) downstream of the Mesa
Street Bridge and the proposed Project site. In this location, fresh water pools
form above the tidal influence that wildlife utilizes. California Department of Fish
and Wildlife species of special concern and Federal Endangered Species Act
listed species have been reported utilizing the freshwater marsh. The United
States Geologic Survey biological survey team and others have periodically
identified western pond turtle (Actinemys rnarmorata palllda), a California
Department of Fish and Wildlife species of special concern, in this section of the
channel. The California least tern (Sternula antillarum brown), federally listed as
endangered, feeds in the freshwater sections of the channel as reported in the
1993 EIR and by local wildlife experts. As such, the Project proponents should
determine avoidance, minimization or mitigation resulting from Project impacts to
the listed and other freshwater marsh species established in the areas
downstream of the Project site.
In addition, United States Fish and Wildlife Service (USFWS) staff expressed
concerns over the reduction of channel flows into Upper Newport Bay that would
result from the implementation of this Project, and possible impacts to the salt-
water marsh located downstream of the channel confluence with the Bay.
Recently, USFWS staff provided Regional Board staff with a documene that
describes the benefits of adequate nutrients to a healthy salt -water marsh. The
Project proponents should respond to USFWS' concern prior to implementing the
Project, and consider Project options to avoid potential adverse impacts to the
downstream salt marsh.
The implementation of the Project could result in increased erosion in the
earthen downstream sections of the channel. Implementation of the Project
would remove sediment from dry weather flows along the earthen section of the
channel from Mesa Street to the Bay. The lack of sediment deposition could
encourage greater scouring during wet weather flows, but the MND does not
discuss this possibility. Board staff recommends conducting a hydraulic study of
the channel examining sediment transport prior to determining whether to
construct the Project.
The MND states that during wet weather, water may be allowed to pool several
feet deep behind the diversion structure before it is released downstream. The
Project proponents should consider the effects of these wet weather releases to
the downstream sections of channel and the habitat. In addition, the Project
proponents should evaluate whether allowing routine smaller releases versus
Personal communication with USFWS staff Chris Medak.
z Zedler, 1993, "Canopy Architecture of Natural and Planted Cord grass Marshes: Selecting Habitat Evaluation
Criteria ".
20B -24
Santa Ana Delhi Diversion Project .3- February 25, 2016
sudden releases of these flows from the diversion structure would reduce the
possibility of adverse impacts.
The MND stated that a Clean Water Act Section 401 Water Quality. Standards
Certification (401 Certification) would likely be issued by the Regional Board for this
Project. The United States Army Corps of Engineers has consistently considered the
Santa, Ana Delhi Channel Waters of the United States, which will require the Project
applicant to request and obtain a 401 certification prior to constructing this Project. The
Project proponents must consider appropriate measures and Best Management
Practices (BMPs) to incorporate into the Project to meet water quality standards. These
measures and BMPs should be included in the 401 Certification applications.
If you have any questions, please contact Dave Woeifel at
David .woelfelt7a.waterboards.ca.aov or (951) 782 -7950.
Sincerely,
Wt-
Wanda M. Cross
Senior Environmental Scientist
Regional Planning Section
cc:
United States Fish and Wildlife Service — Chris Medak
California Department of Fish and Wildlife — Kevin Huft
City of Newport Beach — Bob Stein
20B -25
DMEMR,
PHILIP L. ANTHONY
DENIS R. DILODEAU, RE.
JORDAN BRANOMAN
SHAWN DEWARE
JAN M. FLORY
CATHY GREEN
DINA NGUYEN
ROMAN A. REYNA
STEPHEN R. SHELDON
ROGER C, YON, P.E.
February 25, 2016
ORANGE COUNTY WATER DISTRICT
Tyrone Chesanek, PE
Principal Civil Engineer
20 Civic Center Plaza
Santa Ana, CA 92701
0111CVs
President
CATHY GREEN
First Vice President
DENIS R. BILOOEAU, P.E.
Second Vice President
PHILIP L. ANTHONY
General Manager
MICHAEL R. MARKUS, P.E., D.WRE
RE: Mitigated Negative Declaration for Santa Ana Delhi Channel Diversion Project
FINUXT196111MEW 3
The Orange County Water District (OCWD) was established by the State of California in
1933 to manage the Orange County Groundwater Basin. Water produced from the
basin is the primary water supply for approximately 2.4 million residents in Orange
County.
OCWD operates a non-potable recycled water supply system, called the Green Acres
Project. A dedicated set of pipelines delivers recycled water to irrigation and industrial
users. A portion of the Green Acres Project pipeline is located in the vicinity of the
proposed Santa Ana Delhi Channel Diversion Project area. Please see the attached
map indicating the location of the pipeline. We request that you consider potential
impacts to this pipeline as you design and build the proposed project. If you have any
questions regarding the Green Acres Project pipeline, please contact Ben Smith of
OCWD at 714-378-3211.
Thank you for the opportunity to submit these comments.
Attachment
Garry A. Rondinella,
A.A.E. /C.A.E.
Airport Director
3160 Airway Avenue
Costa Mesa, CA
92626-4608
949,252.5171
949252 5178 fax
www.ociii corn
3v op
February 25, 2015
Tyrone Chesanek
City of Santa Ana Public Works Agency
20 Civic Center Plaza
Santa Ana, CA 92702
Subject: NOT to adopt MND for Santa Ana Delhi Channel Diversion Project
Dear Mr. Chesanck:
Thank you for the opportunity to review the initial study for the Santa Ana Delhi Channel
Diversion Project located in the Santa Ana Delhi-Channel and the adjacent Newport
Beach Golf Course. John Wayne Airport (JWA) requests that the following comments be
addressed:
1. The initial study does not discuss the potential for odor associated with the project.
There are homes that border the golf course that could be impacted by excessive
odors, as well as people who play golf along the channel. The Mitigated Negative
Declaration (MND) should include a clear description of how odor issues will be
mitigated or eliminated.
2. The MND does include a long term maintenance schedule. Removal of accumulated
debris, sediment, and floatables within the diversion facility is expected to be on a
30-day maintenance cycle, after each rain event, or as required. We appreciate that
the maintenance language does allow for more frequent cleanout if needed.
3. Figure 5 of the MND shows that the project footprint is overlaying a number of
trees. We request that the MND discuss whether any trees will be impacted by the
proposed project. The MND states there will be no agricultural impacts and
landscaping details will be determined during final design. If any trees need to be
removed, we recommend that the trees be saved if possible, or that other trees be
replanted.
4. The underlined language in the sections noted below should be changed from
"County of Orange Airport Land Use Commission" to "County of Orange/John
Wayne Airport." The Airport Land Use Commission is not a property owner and has
no authority related to this project.
Page 2-11 (Section 2.4.4) Easements:
"As a pail of the overall Project, the proposed Facility will require a permanent
easement for operations. Use of the permanent easement will vary based on location
and function of the proposed facility elements. Preliminary boundaries can be seen in
Figures 5 and 6. These casements will be on Newport Beach Golf Course and would
be granted by the County of Orange Ai oil Land Use Commission which owns the
golf course property."
Page 2-19 (Section 2.7) Project Approvals:
"The City, as Lead Agency for the project, has discretionary authority over the
project. To implement this project, the following discretionary permits/approvals are
pqplji�*]
Page 2
JWA ConunenLq Santa Ana Delhi Channel Diversion
2.25.16
required at a minimum:
• Certification of the CEQA document by the City of Santa Ana
■ Clean Water Act Section 404 Pernxit from the U.S. Army Corps of Engineers
• Clean Water Act Section 401 Water Quality Certification from the Santa
Ana Regional Water Quality Control Board
• California Fish and Game Code Section 1602 Streambed Alteration
Agreement from the California Department of Fish and Wildlife
■ NPDES General Construction Activities Storm Water Permit -- Notice of
Intent (NOD form for construction activities that disturb one acre or more of
soil.
Dry Weather Urban Discharge Permit from the Orange County Sanitation
District
• Encroachment Permit from County of Orange Flood Control District
■ Easements from Count of Orange Airport Land Use Commission
Page 3-2 (Section 3.1):
10. Other public agencies whose approval is required (e.g., permits):
U.S. Array Corps of Engineers - Section 404 Permit
• Santa Ana Regional Water Quality Control Board - Section 401 Water
Quality Certification
• State Water Resources Control Board - Notice of Intent (NOI) for NP. DES
General Permit for Storm Water Discharges Associated with Construction
Activities
• Calif. Dept. of Fish and Wildlife - Section 1602 - Streanabed Alteration
Agreement
• Orange County Sanitation District — Dry Weather Urban Discharge Permit
County of Orange Flood Control District - Encroachment Permit
• County of Orange Airport Land Use Commission - Easements
Thank you for the opportunity to comment on the MND. Please contact Lea Chown
Land Use Manager at (949) 252-5123 or via email at jchojjwLo)o asi.jqqrrj should any
questions arise regarding these corm-nents.
20B-29
a 4- lTLQ'_ �'-ASIFORNJA- :CALIIORNIA5.f&.lI:i_IRANa COR1;ATIONA6ENCY EDMUND G. MO NJ1 GGnv mor
DEPARTMENT OF TRANSPORTATION
DISTRICT 12 "
3347 MICHEI SON DRIVE, SUITE 100
IRVINE, CA 92612 -8894 Serials Drought.
PHONE (949) 724 -2086 Serions drought.
FAX (949) 724 -2592 Help save water!
TTY 711
W W W.(Iot,ca.gov
February 23, 2016 .
Mr. Tyrone Chesanke PE
File: IGR /CEQA
City of Santa Ana
SCH #: 20160.11069
Planning Division
Log #: 4621
20 Civic Center Plaza
SR -73, SR- 55,1405
Santa Ana, CA. 92701
Dear Mr. Chesanke:
Thank you for the opportunity to review and comment on the Santa Ana Delhi Channel
Diversion Project Mitigated Negative Declaration. The City of Santa Ana in association with
the Cities of Newport Beach and Costa Mesa is proposing a'low flow diversion project in the Santa
Ana -Delhi Channel that is intended to capture and divert low -flow urban discharges into the sanitary
sewer system to address surface water quality issues in accordance with the Orange County
Municipal Separate Storm Sewer System (MS4) permit (Order No. R8- 2009 -0030, Amended by
Order No. R8 -2010 -0062) as well as the Total Maximum Daily load (TMDL) for selenium
discharge to the Upper Newport Bay,
The proposed Santa Ana Delhi. Diversion Project (Project) will remove dry weather flows and lows
flows during the wet season from the Santa Ana Delhi Channel and divert the flows to the Orange
County Sanitation District (OCSD) sewer collection system for treatment prior to discharge into the
ocean or utilization as source water for the OCSD /Orange County Water District (OCWD) regional
Ground Water Replenishment System. The proposed Project consists of three major components: 1;
dry- weather diversion component; 2) floatable debris removal system; and 3) pumping facilities,
force main, and pipeline connection to the OCSD sewer system.
Caltrans Local Development- Intergovernmental Review program reviews impacts of local
development to the transportation system, including the State Highway System. The Department
works to ensure that local land use planning and development decisions include the provision of
transportation choices, including transit, intercity rail passenger service, air service, walking and
biking, when appropriate. The Department advocates community design (e.g. urban infill, mixed
Provide a sq/e, sasialnable,. �� 11 -ml transpoiladon system
to enhance Cal( s Ilvahilii )'"
Mr. Tyrone Chesanke PE
February 23, 2016
Page 2
use, transit oriented development) that promotes an efficient transportation system and healthy
communities.
The Department of Transportation (Department) is a responsible agency on this
project and has the following comments for your consideration.
Local Development Intergovernmental Review:
Please submit Environmental Review Documents to Local
Development /Intergovernmental Review Branch prior to request for permit.
Permits:
1. As indicated on the Initial Study/ Mitigated Negative Declaration that The City of
Santa Ana in association with the Cities of Newport Beach and Costa Mesa is proposing
a low flow diversion project in the Santa Ana -Delhi Channel that is intended to capture
and divert low -flow urban discharges into the sanitary sewer system at SR -73 and Irvine
Avenue /Bristol Street in Orange County, California.
2. The City of Santa Ana must obtain a fee exempt Encroachment Permit prior to
commencement of work within the State Right of Way. City of Santa Ana's contractor
will also have to apply for the Double Permit to perform the work. If City's contractor
has not been exempt from permit fees in the Cooperative Agreement, a deposit of $4100
will be needed at the time of Double Permit Application submittal.
1 If the cost of work within the State R/W is below'one Million Dollars the Encroachment
Permit process will be handled by Caltrans Permits Branch, otherwise the permit should
be authorized through Caltrans Project Development.
4. Allow 2 to 4 weeks for a complete submittal to be reviewed and for a permit to be
issued. When applying for Encroachment Permit, please incorporate Environmental
Documentation, SWPPP, Hydraulic Calculations and Reports, Traffic Control Plans (If
lane closure required), Geotechnicai Analysis, Materials specifications, and all relevant
design details including design exception approvals.
5. For specific details on Caltrans Encroachment Permits procedure, please refer to
Caltrans Encroachment Permits Manual. The latest edition of the Manual is available on
the web site: htt : www.dot.ca. oe v /hci /traffot)s /develo ser ermit�
Provide a sgfe„ sustainable, integrated and efficient transporlation system
to enhance Ca1dgryR yowed fivabiiny
Mr. Tyrone Chesanke PE
February 23, 2016
Page 3
Please continue to keep us informed of this project and any future developments that
could potentially impact State transportation facilities. If you have any questions or need
to contact us, please do not hesitate to call Aileen Kennedy at (949) 724 -2239.
Sincere�ly,,��
MAUREEN EL HARAKE
Branch Chief, Regional- Community - Transit Planning
District 12
c: Phi Dinh , Hydraulics
Farid Nowshiravan, Permits
Grace Pina Garrett, NPDES
Scott Morgan, Office of Planning and Research
"Provide a safe., sustainable, inlegrated and efficiernt ir<ntsportadon Vvem
to enhance California's economy and livabdUy'
20B -32
Attachment B
Updated Watershed Drainage Map
20B -33
i 4G U1 PrOPCSF57 merSIC A Stwcture aers e 5
FACIUTYNAME
Z
ACRES
F01
SANTAANA -DELHI CHANNEL
COSTAMESA
Golf
Fairvteak
I +II
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128
F01
SANTAANA -DELHI CHANNEL
., Erlmytw Are
z
F01
"k ry
Unincorporated
340
Ptg1�t�R
AIRPORTSTORM CHANNEL
COSTA MESA
flack
FO1S01
AIRPORT STORM CHANNEL
We Squae
159
F01501
Ragx,M
SANTAANA
78
Mile Square
AIRPORT STORM CHANNEL
Uninmi-Pomted
Gulf Course
F02
SANTA ANA GARDENS CHANNEI
COSTA MESA
.r
F02
Eoun tai n
a ��
2,639
F03
PAUTARINOCHANNEL
COST
F 17th S1
.111. VCIVO
COUntry Club
F03
F03
FACILMNUMBER
FACIUTYNAME
Z
ACRES
F01
SANTAANA -DELHI CHANNEL
COSTAMESA
f „oltt'll ra
Fairvteak
I +II
N,k
128
F01
SANTAANA -DELHI CHANNEL
SANTAANA
z
F01
St
F03
F03
FACILMNUMBER
FACIUTYNAME
JURISDICTION
ACRES
F01
SANTAANA -DELHI CHANNEL
COSTAMESA
1,260
F01
SANTAANA -DELHI CHANNEL
NEWPORTBEACH
128
F01
SANTAANA -DELHI CHANNEL
SANTAANA
4,266
F01
SANTAANA -DELHI CHAN N EL
Unincorporated
340
FO1SO1
AIRPORTSTORM CHANNEL
COSTA MESA
3n
FO1S01
AIRPORT STORM CHANNEL
IRVINE
159
F01501
AIRPORT STORM CHANNEL
SANTAANA
78
FO1S01
AIRPORT STORM CHANNEL
Uninmi-Pomted
271
F02
SANTA ANA GARDENS CHANNEI
COSTA MESA
96
F02
SANTA ANA GARDEN S CHANNEi
SANTAANA
2,639
F03
PAUTARINOCHANNEL
COST
FO1S01 IA,lne
F01 S01
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m �D
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PROPOSED
DIVERSION����
STRUCTURE
Ca#e SyP
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SANTAANA
COSTA MESA
IRVINE
NEWPORT BEACH
Unincorporated
Nmv
F,
A MESA 1,286
L
2O
TOTAL 10,900
FO1S01 IA,lne
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PROPOSED
DIVERSION����
STRUCTURE
Ca#e SyP
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SANTAANA
COSTA MESA
IRVINE
NEWPORT BEACH
Unincorporated
Nmv
Attachment C
Revised Figures 5 and 6
with Labels for Golf Course and Pedestrian Bridge
20B -35
ACCESS T(
THROUGH
_ _(FOR WES1
55 +00.00
-�_
TO OCFCD ACCESS RA
AT IRVINE AVE.
N �v -...
LEGEND
EXISTING RIGHT OF WAY
---- - °° PROPOSED MAINTENANCE EASEMENT
- - - - - - - PROPOSED TEMPORARY CONSTRUCTION EASEMENT
__-- -- LINE OF PLAY
j PROPOSED ACCESS ROAD
QUANTITIES
NEW OCFCD MAINTENANCE EASEMENT: 13,380 SOFT (0.31 AC)
+20 FT OFFSET EAST FROM EXISTING RNV: STATIONS 56 +50.00 TO 60 +70.00 (420 FT )(ROAD)
1 +50 FT OFFSET EAST FROM EXISTING RNV: STATIONS 56 +50.00 TO 58 +16.00 (166 FT) (PUMP STATION)
TEMPORARY CONSTRUCTION EASEMENT: 15,485 SOFT (0.37 AC) (MINUS MAINTENANCE EASMENT)
+25 FT OFFSET WEST FROM EXISTING RIW: STATIONS 56 +00.00 TO 58 +75.00 (275 FT) (WEST CHANNEL WALL WORK)
+75 FT OFFSET EAST FROM EXISTING RNV: STATIONS 56 +85.00 TO 58 +75.00 (275 FT) (PUMP STATION & CHANNEL WALL) + MISC CORNER FOR EXi
U
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T— . _ _ — _. _ — _-- — —.— — _._ — _:_ — —" — —" — —,— — —.— — _`_
i
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EXISTING RIGHT OF WAY
— — s — - — PROPOSED 14" FORCE MAIN
- - - -- PROPOSED SEWER EASEMENT
—s— EXISTING 8 "SEWER PIPE
QUANTITIES
NEW SEWER EASEMENT: 4.900 SOFT (0.10 AC)
*20 FT OFFSET EAST FROM NORTH -EAST PROPERTY LINE
20B -37
Attachment D
Revised Page 3.1 showing OCFCD as Project Sponsor
KFIJEMOO
Santa Ana Delhi Channel Diversion Project
Initial Study /Mitigated Negative Declaration
3.0 Initial Study Checklist
3.1 Background
1. Project Title:
Santa Ana Delhi Channel Diversion Project
2. Lead Agency Name and Address:
City of Santa Ana Department of Public Works
20 West Civic Center Plaza
Santa Ana, CA 92701
3. Contact Persons and Phone Number:
Tyrone Chesanek
20 West Civic Center Plaza
Santa Ana, CA 92701
714 - 647 -5045
TChesane c @santa- ana.or¢
4. Project Location:
The proposed project is located with the Santa Ana Delhi Channel and Newport Beach Golf Course,
situated southwest of the CA -55 and State Route 73 interchange. The diversion facilities are located
adjacent to the east side of the Santa Ana Delhi Channel, approximately 600 feet upstream of Irvine
Avenue and within unincorporated Orange County. The proposed sanitary sewer line in Bristol Street
extends 1.6 miles to Baker Street and is located within the City of Costa Mesa.
5. Project Sponsor's Name and Address:
City of Santa Ana Dept. of Public Works: 20 W. Civic Center Plaza, Santa Ana, CA 92701
City of Costa Mesa Dept. of Public Services: 77 Fair Drive, Costa Mesa, CA 92626
City of Newport Beach Dept. of Public Works: 100 Civic Center Dr. Newport Beach, CA 92660
Orange County Flood Control District: 300 N. Flower St., Santa Ana, CA 92703
6. General Plan Designation:
• Facilities in Santa Ana Delhi Channel: Unincorporated County of Orange, designated Public
Facilities
• Facilities at Newport Beach Golf Course: Unincorporated County of Orange, designated Open
Space
• Pipeline to OCSD in Bristol Street: City of Costa Mesa, Public Street
7. Zoning: N/A
8. Description of the Project:
See Section 2, Project Description
9. Surrounding Land Uses and Setting:
See Section 2, Project Description
20B -39 3-1
ri- -1
COOPERATIVE AGREEMENT BETWEEN THE CITY OF SANTA
ANA AND THE CITY OF COSTA MESA FOR THE
CONSTRUCTION OF THE SANTA ANA DELHI DIVERSION
FORCED SEWER MAIN UNDER BRISTOL STREET FROM
BAKER TO NEWPORT BEACH BOULVARD
This cooperative agreement ( "Agreement ") is made and entered into this day of
' 2016, by and between the CITY OF COSTA MESA, a municipal
corporation ( "COSTA MESA "), and the CITY OF SANTA ANA, a municipal corporation
( "SANTA ANA ").
RECITALS:
A. WHEREAS, the City of Santa Ana, Orange County Flood Control District, the County of
Orange, the City of Newport Beach, the City of Costa Mesa, and the Irvine Ranch Water
District are all parties to a separate agreement for the construction, maintenance, and
operation of the Santa Ana Delhi - Diversion Channel Project ( "Diversion Channel
Project"); which is a collaborative effort to address regional water quality issues, and
B. WHEREAS, one aspect of the Diversion Channel Project's proposed plan is to install,
operate, and maintain forced sewer main pipelines within public street right- of-way of
COSTA MESA, and
C. WHEREAS, COSTA MESA agreed to contribute to the Diversion Channel Project a lump
sum amount of $600,000; and
D. WHEREAS, in a separate and different project to begin before construction of the
Diversion Channel Project, COSTA MESA will hire its own contractor to perform certain
work in the median on Bristol Street within the city of COSTA MESA (`Bristol Street
Median Project "), and
E, WHEREAS, to benefit the Diversion Channel Project in terms of time and cost savings,
COSTA MESA is agreeable to having its contractor for the Bristol Street Median Project,
perform that portion of the Diversion Channel Project which calls for forced sewer main
pipelines to be installed within Bristol Street between Balser Street to Newport Boulevard;
as shown in Exhibit A, and
F. WHEREAS, COSTA MESA desires, therefore, that COSTA MESA'S lump sum financial
obligation to the Diversion Channel Project be offset by the cost of work performed by its
contractor on the Bristol Street Median Project related to installing the forced sewer main
pipeline, and
G. WHEREAS, SANTA ANA is agreeable to advancing to COSTA MESA the funds required
to cover the costs incurred by COSTA MESA to pay its contractor on the Bristol Street
Median Project to install the forced sewer main pipeline ( "Advanced Expended Funds ");
Page 1 of 12
Exhibit 2
20B -41
as specified in Exhibit B; and
H. WHEREAS, COSTA MESA shall reimburse SANTA ANA without interest the Advanced
Expended Funds on or before January 31, 2017, and
I, WHEREAS, the Diversion Channel Project is being designed by SANTA ANA, including
that portion to be constricted and installed by COSTA MESA'S contractor on the Bristol
Street Median Project, as shown in Exhibit "A," attached hereto and incorporated by this
reference, and
J. WHEREAS, for purposes of regulatory environmental review, SANTA ANA is the lead
agency on the Diversion Channel Project and COSTA MESA is the lead agency on the
Bristol Street Median Project, and
K. WHEREAS, that portion of the Diversion Channel Project that is being constructed and
installed by COSTA MESA'S contractor as part of the Bristol Street Median Project is
declared by SANTA ANA to be categorically exempt under Section 15301 of the
California Environmental Quality Act (CEQA) Guidelines — Class 1(c), (Existing
Highways and Streets, Sidewalks, Gutters, Bicycle and Pedestrian Trails, and similar
Facilities).
NOW, THEREFORE, the parties agree as follows:
A. COSTA MESA Rights and Duties:
1. COSTA MESA shall be the lead agency for construction of the Bristol Median Project
and shall incorporate into said project, constriction of that portion of the Diversion
Channel Project to be constructed and installed by COSTA MESA'S contractor on the
Bristol Street Median Project, as shown in Exhibit "A" ( "Forced Sewer Main
Pipeline ") COSTA MESA shall provide all construction management. COSTA
MESA shall be solely responsible for the administration and performance of the
contract awarded to the contractor for the construction of the Bristol Median Project
and Forced Sewer Main Pipeline.
COSTA MESA shall use the Advanced Expended Funds, in the amount not to exceed
$1,100,000.00, for the sole purpose of paying for construction and constriction
management costs associated with installation of the Forced Sewer Main Pipeline. No
work on the Forced Sewer Main Pipeline shall commence until the Santa Ana -Delhi
Channel Diversion Project Agreement D15 -013 has been approved by all of the
Funding Partners, within that agreement. In the event that the Agreement D15 -13 is not
approved by all of the Funding Partners or, after approval it is later determined that the
Diversion Channel will not go forward for any reason, COSTA MESA shall reimburse
SANTA ANA the $1,100,000,00 within forty five (45) calendar days of said
determination; provided however, if such a determination is made after COSTA
MESA's contractor has already completed work on the Forced Sewer Main Pipeline,
then COSTA MESA shall withhold from reimbursement the actual costs of
Page 2 of 12
20B-42
construction/installation of the Forced Sewer Main Pipeline; and if such determination
is made before construction begins, but after COSTA MESA'S contractor bid for and
was awarded the contract, then COSTA MESA shall withhold from reimbursement the
costs incurred by its contractor to secure the award of contract for the Forced Sewer
Main Pipeline work that will not be going forward and for related claims by the
contractor.
2. COSTA MESA shall reimburse SANTA ANA, without interest, the COSTA MESA's
portion of the Advanced Expended Funds of $600,000 on or before January 31, 2017.
3, Change orders associated with the Forced Sewer Main Pipeline must receive the
written approval of the City Engineer of SANTA ANA prior to implementation, which
approval shall not be unreasonably withheld. SANTA ANA shall have a minimum of
five (5) working days to review and approve change orders.
4. COSTA MESA shall provide SANTA ANA final record drawings for the Forced
Sewer Main Pipeline portion of the Bristol Median Project within sixty (60) days of the
completion and acceptance of construction.
B. SANTA ANA Rights and Duties:
1. SANTA ANA shall have the right to enter and inspect the Forced Sewer Main
Pipeline and the Bristol Median Project at all times for the purposes of overseeing
COSTA MESA; lead agency functions and the work being performed by COSTA
MESA's contractor, provided however, SANTA ANA shall indemnify, defend, and
hold harmless COSTA MESA from any and all claims of damages or injury to
SANTA ANA representatives while on the project premises
2. SANTA ANA shall transfer and give to COSTA MESA within thirty (30) days of
the effective date of this Agreement, the Advanced Expended Funds totaling One
Million and One Hundred. Thousand Dollars ($1,100,000.00).
3. SANTA ANA shall review all requests for progress payments for the Forced Sewer
Main Pipeline; and shall approve or disapprove said request with five (5) business
clays of receipt of same by SANTA ANA. SANTA ANA shall timely provide
necessary information and /or documents to substantiate its disapproval of a progress
payment request.
C. JOINT RIGHTS AND DUTIES:
1, Responsibilities, Obligations and Mutual Indemnity:
a. GOVERNING LAW & VENUE - This Agreement shall be governed by and
construed under the laws of the State of California. In the event of any legal action
to enforce or interpret this Agreement, the sole and exclusive venue shall be a court
Page 3 of 12
20B-43
of competent jurisdiction 'located in Orange County, California, and the Parties
hereto agree to and do hereby submit to the jurisdiction of such court,
notwithstanding the provisions of Code of Civil Procedure Section 394. The
Parties agree to waive any and all rights to request that an action be transferred for
trial to another County.
b. NOTICES - Any notice or other written instrument required or permitted by this
Agreement to be given to any Party shall be deemed received when personally
served or transmitted by facsimile, or forty -eight (48) hours after being deposited in
the U.S. Mail, postage prepaid, First Class or certified, and addressed, as follows:
City of Santa Ana
City of Costa Mesa
Tyrone Chesanek
Baltazar Me'ia
Principal Civil Engineer
Acting City Engineer
20 Civic Center Plaza, M -22
P.O. Box 1988
Santa Ana, CA 92702
Public Services
77 Fair Drive, 4th Floor
Costa Mesa, CA. 92626
c. ATTORNEYS' FEES - In the event suit is brought by any Party to enforce the
terms and provisions of this Agreement, or to secure the performance hereof, each
Party shall bear its own attorneys' fees.
FORCE MAJEURE - Except for the payment of money, no Party shall be liable for
any delays or other non - performance resulting from circumstances or causes
beyond its reasonable control, including, without limitation, fire or other casualty,
Acts of God, strike or labor dispute, war or other violence, acts of third parties not
within either Party's reasonable control or any law, order or requirement of any
governmental agency or authority.
d. WAIVER - A waiver of a breach of the covenants, conditions or obligations under
this Agreement by either Party shall not be construed as a waiver of any succeeding
breach of the same or other covenants, conditions or obligations of this Agreement.
e. MODIFICATION — Any alterations, changes or modifications to this Agreement
shall be in the form of a written amendment, which shall be signed by each Party.
f. ASSIGNMENT - No Party shall assign its performance of this Agreement, nor any
part thereof, without the prior written consent of the non - assigning Party. Any
assignment made in violation of this section shall be null and void.
g. INDEMNIFICATION BY SANTA ANA: SANTA ANA shall indemnify, defend
and hold COSTA MESA, its officers, agents and employees, harmless from any
expense, liability or claim for death, injury, loss, damage or expense to persons or
property which may arise or is claimed to have arisen as a result of any acts
performed by SANTA ANA, its officers, agents, or employees, with respect to the
Project, save and except to the extent such expense, liability or claim is proximately
Page 4 of 12
caused in whole or in part by any negligence of the SANTA ANA, or by their
respective officers, agents or employees, or by any act or omission for which
SANTA ANA, or their respective officers, agents or employees are liable without
fault.
h. INDEMNIFICATION BY COSTA MESA: COSTA MESA shall indemnify,
defend and hold SANTA ANA, its officers, agents and employees, harmless from
any expense, liability or claim for death, injury, loss, damage or expense to persons
or property which may arise or is claimed to have arisen as a result of any acts
performed by COSTA MESA, its officers, agents, or employees, with respect to
the Project, save and except to the extent such expense, liability or claim is
proximately caused in whole or in part by any negligence of the COSTA MESA,
or by their respective officers, agents or employees, or by any act or omission for
which COSTA MESA, or their respective officers, agents or employees are liable
without fault.
i. TERMINATION - Either Party may terminate this Agreement upon the other
Party's failure to comply with any tern or condition of this Agreement, as long as
the terminating party is not in default of any term or condition of this Agreement.
To initiate termination, the terminating party must provide the defaulting party with
a written "Notice of Termination" stating its intent to terminate and describing all
terms and conditions with which the defaulting party has failed to comply. If the
defaulting party has not remedied the default or not initiated good faith efforts to
remedy its default within thirty (30) days after receiving the Notice of Termination,
this Agreement will automatically terminate. This Agreement may also be
terminated upon the written mutual consent of both parties.
ENTIRE AGREEMENT - This Agreement constitutes the entire understanding and
agreement between the Parties and supersedes all previous negotiations between
them pertaining to the subject matter thereof.
RECOMMENDED FOR APPROVAL: RECOMMENDED FOR APPROVAL:
Fred Mousavipour
Executive Director
Public Works Agency
Ernesto Munoz, P.E. Public
Services Director
Page 5 of 12
20B -45
IN WITNESS WHEREOF, COSTA MESA has caused this agreement to be
executed by its Mayor and attested by its Clerk, and SANTA ANA has caused this Agreement
to be executed by its City Manager and attested by its Clerk, all thereunto duly authorized
by the COSTA MESA City Council and the SANTA ANA City Council, respectively.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
CITY OF SANTA ANA,
a Municipal corporation of the State of
California
M.
David Cavazos
City Manager
ATTEST:
By:
Jos S doval Maria D. Huizar
C ref Assistant City Attorney Clerk of the Council
APPROVED AS TO FORM:
Tom Duarte
City Attorney
CITY OF COSTA MESA, a California
municipal corporation
By:
Tom Hatch
Chief Executive Officer
ATTEST:
Brenda Green
City Clerk
Page 6 of 12
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EXHIBIT "B"
ADVANCED EXPENDED FUNDS ANALYSIS
ENGINEERS 'ESTIMATE
Item
'.Description
Unit
Quantity
Price
Extended Cost
1
14" PVC Force Main
LF
3774
$222
$837,828
2
Gravity Sewer Manhole
LS
1
$12,000
$12,000
3
16" VCP Gravity Sewer Main
LF
72
$150
$10,800
4
84" Trunk Main Manhole
LS
1
$1,500
$1,500
Connection
5*
Pothole Utilities Not Shown In
EA
10
$350
$3,500
The Contract Documents
6*
14" PVC Siphon
EA
10
$6,000
$60,000
14" PVC Forced Main Installed
7*
Deeper Than 1 -Foot But Less
LF
500
$50
$25,000
Than 3 -Feet
Engineers Estimate
$950,628
Contingency
$149,372
Project Estimated Total
$1,100,000
FUNDING SOURCE STIMMARY
City of Santa Ana
$ 500,000
City of Costa Mesa
$ 600,000
Total Project Funding
Advanced by City of Santa Ana
$1100,000
20B -52