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Home My WebLink AboutS24 - Newport Dunes Storm Water Diversion SystemITEM Sz1 TO Members of the Newport Beach City Council FROM Dave Ktff Deputy City Manager Mike Stnacort Utilities Engineer Department of Public Works SUBJECT Newport Dunes Storm Water Diversion System RECOMMENDED (1) Adopt Resolution 2001 _ relating to supporting the Newport Dunes ACTIONS Storm Water Diversion System (2) Approve the Plans and Specifications for the Newport Dunes Storm Water Diversion System (3) Authorize the City Manager to direct staff to complete the following (a) Informal bidding associated with the construction of the Diversion (b) Communication with the Orange County Sanitation District the Newport Dunes Resort the Hyatt Newporter Resort and other related parties regarding the Diversion System (c) Award of a contract to the lowest responsible bidder to construct the Diversion System and (d) Negotiations with the OCSD and the watershed interests to prepare an operating and maintenance agreement associated with the long term operation of the Diversion and return to City Council for approval of this/ these agreement(s) (4) Approve Budget Amendment (BA 030) accepting $40 000 from the Orange County Sanitation District and $40 000 from the County of Orange for the construction of the Diversion System BACKGROUND Newport Bay is an impaired water body per §303(d) of the federal Clean Water Act As such the US Environmental Protection Agency (US EPA) and the State Water Resources Control Board (SWRCB) via the California Regional Water Quality Control Board Santa Ana Region (Regional Board) is directed to prepare total maximum daily loads (TMDLs) for Newport Bay that reduce or eliminate the Bay s impairments The Bay is listed as unpaired for the following substances • Sediment • Nutrients (nitrogen and phosphorous) • Fecal Coliform (an indicator bacteria of possible human pathogens) • Toxics (includes pesticides and heavy metals) The only TMDL not yet adopted and in place is the Toxics TMDL The Fecal Coliform TMDL adopted by the Regional Board in late 1999 generally requires that the Bay meet REC 1 water quality standards (water contact recreational activities Like swimming) all year by December 30 2013 Newport Beach City Council da Page 2 As a part of the plan to meet REC 1 standards the Regional Board directed the City and County to address and characterize fecal conform Inputs that dram into the Newport Dunes swimming lagoon from a storm dram on the Lagoons I eastern side (see Dunes drainage area map Attachment B) The Dunes Lagoon - arguably through no fault of the Dunes Resort Itself - has had chronic beach postings where bacteria samples from the water have exceeded the limits set by state law (AB 411 Wayne 1997) for swimmable waters To do our part to meet the TMDL s requirements the City has proceeded with a viral testing program (using a $175 000 State grant) to complete the fecal i conform characterization We have also watched as the Dunes Resort has I constructed a temporary pump and sandbag diversion of the allegedly offending storm dram into the wastewater treatment Lines At the same time the Regional Board agreed in Fall 1998 to the Orange County Sanitation Dlstnct s (OCSD) proposal to settle a $40 000 Administrative Civil Liability complaint (ACL #99 58) by completing a Supplemental Environmental Project (SEP) that would permanently divert the aforementioned Dunes storm dram into OCSD s wastewater system byway of the City s sewer Thu Project`is estimated to cost about $80 000 The Regional Board views the Project as an Important part of an overall Dunes Lagoon improvement plan integrated w Ith the Fecal Colilorm TMDL I The Dunes Storm Water Diversion project piqued the City s Interest in 2000 In the context of a demonstration project for diversions countywide Arguably much of the City s urban runoff problem (the often toxic mix of pet waste oil brake dust fertilizers and pesticides that runs down gutters into stormdrams and into the Bay or Ocean) could be addressed by diverting the storm drams into the wastewater treatment system But doing so on a massive city wide scale would severely Impact the general fund portion of the City s Capital Improvement Plan (CIP) and the OCSD s sewage treatment facilities t In April 2000 the OCSD agreed to take a limited amount of dry weather urban runoff into Its wastewater system OCSD s revised diversion policy (September 2000) requires all diverting parties to pay about $32100 per million gallons per day ( mgd ) if cumulative diversion Flows reach 4 mgd at OCSD s facilities So far the diversion to-sewer Flows to OCSD have been between 1 and 2 mgd most of which comes from County Flood control channels in Huntington Beach and County and City of Huntington Beach storm water pump stations New development in Crystal Cove (Newport Coast) will soon begin discharging about 0 2 mgd to the OCSD system Back to the Dunes Drain In much of Summer and Fall 2000 the Dunes Lagoon saw frequent beach postings even as we understood that the temporary diversion of about 0 2 mgd was in place As a result City staff became concerned that an $80 000 permanent diversion system may not improve the water quality of the Lagoon This concern stalled the Project's construction until staff could review more data from the CC Health Care Agency's testing program At the same time we also learned that the Dunes temporary diversion system was frequently not fully functional during 2000 1 �, \ \MS 1 \SY5\U" \CM0\DKdf \X1y Du mina \Nt P. B y 2001 \010213AIDuw D� a da Page 3 On February 7 2001 we met with staff from the Regional Board the County of Orange Health Care Agency the OCSD and the Dunes to see whether the Dunes Lagoon beach postings correlated with downtimes for the temporary diversion While the Dunes records were not rigorous anecdotal evidence provided by the Dunes suggests that the postings did correlate with an Inoperable diversion system Therefore we agreed to complete the Project pending your Council s approval At the same time the OCSD received a letter from the Regional Board s Executive Director Mr Gerard J Theibeault (see Attachment C) that directed OCSD to complete the Project by March 31 2001 Failure to timely complete the SEP the letter read would result in rejection of the SEP The letter also criticized the City (fairly so) for being largely responsible for the current delays in project construction and SEP completion The City did delay construction However we did so to seek additional assurance that this $80 000 project had a reasonable chance to succeed in solving the Lagoon s water quality problem We now believe that the Project will partly - but not completely - solve the Dunes Lagoon contamination problem (other contributors to high bacteria counts may be the buds and /or swimmers in the Lagoon) THIS AGENDA In light of the Regional Board s request this Agenda Item asks for your Council s ITEM approval of a relatively rapid timeline to complete the Dunes Diversion Project It asks for your approval of a Resolution to this effect (see Attachment A) and authorizes the City Manager to direct an informal bid process associated with the effort and to authorize him to execute the construction contract with the low bidder for the construction of the diversion system A typical bid process and City Council award for a project over $30 000 would take about six weeks The informal bidding process will allow Public Works staff to solicit bids from contractors who perform this type of work and who have been low bidders on past City projects They would be requested to respond in less than t%o weeks and be able to immediately execute a construction contract with appropriate insurance to complete the work The notice to proceed would be issued sometime near March 1 and the work would need to be complete within 30 days If the Project is not completed by April ID or so it's likely that the Regional Board will ask that the OCSUs $40 000 be paid as a fine rather than go towards the Project Going Forward The permanent diversion system will involve ongoing future costs We anticipate preparing agreements associated with the ownership maintenance treatment costs and testing for the diversion system and returning draft agreements to the City Council at a future date for discussion or approval The issues to be addressed include • Which entity will own and maintain the diversion system • The manner In which the City would as a part of Its Fecal Conform and Toxics TMDL obligations complete routine water testing of the Inputs to the diversion system (about $2 000 per year) • How watershed interests would work with the City to muumize diversion Flow so that the parties would minimize any treatment costs should OCSD s 4 mgd threshold be exceeded \ \MIS I \SYS\Lw \CMO\DpN\My UM mmb \m,w nBey 2001 \01-0213AIDu�[%m dm Page J I I Budget Issues All construction funds for the project are non -City funds - $90 000 from the OCSD and 540 000 from the County of Orange per the County s 2000 diversion grant program Acceptance and distribution of these funds must be done via a Budget Amendment (see Attachment D) The City s ongoing testing expense is currently budgeted withm the CIP under the Fecal Coliform TMDL (CNB /CIP page 90 Project #C0310525) ATTACHMENTS , Attachment A - Resolution 2001 _ I ' I Attachment B - Dunes Lagoon Storm Dram Map Attachment C - Letter to OCSD from Santa Ana Regional Board Attachment D - Budget Amendment (BA -030) o I I I I 4 ' I I � I ' I I I I I I � � I t I \ \M61 \M \Uw \CMO \DgM\Ny D.c .b \Newpinby ]L01 \01-0217 AI DU�Pvenbrtdx I I Page 5 ATTACHMENT A Resolution 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH SUPPORTING THE NEWPORT DUNES STORM WATER DIVERSION WHEREAS Newport Bay is an unpaired water body under Section 303(d) of the federal Clean Water Act and is therefore subject to Total Maximum Daily Loads for sediment nutrients fecal coliform and toxics and WHEREAS the Fecal Coliform TMDL directs the City and its Bay partners to clean up inputs to the Bay such that the Bay meets REC 1 (water contact recreational activities like swimming) standards by 2013 and WHEREAS a kev area of the Bay subject to excessive amounts of fecal coLform is a portion of the Newport Dunes swunnung lagoon and WHEREAS the Dunes Lagoon receives drainage from a watershed east of the Lagoon near Jamboree and Back Bay Drive and WHEREAS diverting dry weather flows from this drainage area into the wastewater system may lead to water quality improvements in the Dunes Lagoon and WHEREAS the Orange County Sanitation District and the California Regional Water Quality Control Board Santa Ana Region has proposed a Supplemental Environmental Project (SEP) that would permanently divert these flows to the wastewater system now therefore be it RESOLVED by the Citv Council of the City of Newport Beach that the City supports this proposal and authorizes the construction of this SEP within City hmnts using OCSD and County of Orange diversion funds and be it also RESOLVED that the City Council hereby authorizes the City Manager to direct the construction of this SEP within a timely manner as directed by the Regional Board ADOPTED this 13th day of February 2001 Garold Adams MAYOR ATTEST LaVonne Harkless CITY CLERK \ \M61 \M \U. \CMO\DKIff\M Doc m % \N�pon Bay ]001 \01LY I3AIDu�pvenpwda i ATrRC.mrc�,,r (� I f t=:�- OR w46 .�i I r-: EE CD nYn r —�— CD CD CD P I �"ZZ, Y \ ` `� �✓ r`ql ,`l / t ` � 'tom M� I I M1-P V4 &j,r k G California Regional Water Quality Control Board 0 — — I Santa Ana Region Wtaeroo H Mcko: 101[!0[1 Adore bdpji..w w eb to 1n.gcb8 S nay/ 3777 Mau So L Sm¢ 300 R nnde CaUfo 9`301 33+8 Gmy Davis PtZ 190917024130 FAX 19091781 6.88 Go�,.nor P ar on January 31 2001 Robert P Ghirelli D Env Director of Technical Services Orange County Sanitation District PO Box 8127 Fountain Valley CA 92728 8127 ADMINISTRATIVE CIVIL LIABILITY COMPLAINT NO 99 58 SUPPLEMENTAL ENVIRONMENTAL PROJECT Dear Mr Ghirelli As you know in the fall of 1999 Orange County Sanitation District proposed settling Administrative Civil Liability Complaint No 99 58 through a Supplemental Environmental Project (SEP) to intercept dry weather runoff flowing into the Newport Dunes area and diverting the runoff to the sanitary sewer system Dry weather runoff entering the swimming lagoon at Newport Dunes is believed to be responsible for the frequent public health advisones that have been posted in this area OCSD s staff made the proposal to Regional Board staff and we in turn accepted it However no schedule for completing this SEP was offered by OCSD or was requested by Board staff The proposal was that OCSD would fund the design of the dry weather diversion project and provide funding for project construction at least up to the amount of the administrative civil liability assessed by Complaint No 99 58 $40 000 In the course of OCSD s Quarterly Management Meetings which Board staff attend the status of this SEP has been discussed From these discussions it s obvious to Regional Board staff that the SEP has not been completed and there appears to be little impetus to do so The project design has been completed OCSD staff has suggested that the City of Newport Beach is largely responsible for current delays in project construction and SEP completion Nevertheless we hold OCSD fully responsible for successfully completing the agreed upon SEP By February 8 2001 please submit a schedule to complete of the SEP no later than March 31 2001 Failure to timely complete the SEP will result in rejection of the SEP and a demand that the full amount of liability assessed by Complaint No 99 58 be promptly paid to the State Water Resources Control Board If you or your staff have any questions please contact me at (909) 782 3284 or contact Mark Adelson of my staff at (909) 782 3234 Sincerely , G�6 J Thibeault Executive Officer cc Dave Kiff Deputy City Manager City of Newport Beach ✓ Larry Honeyboume Orange County Health Care Agency mga/ACLC 99 58 SEP Cahforn2a Enywonmentat Protection Agency R eyd d Pap, City of Newport Beach BUDGET AMENDMENT NO BA 030 f 2000 -01 1 $80 000 00 EFFECT ON BUDGETARY FUND BALANCE X Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE I from existing budgIet appropriations from additional estimated revenues from unapprlopnated fund balance EXPLANATION I Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance PX No effect on Budgetary Fund Balance I I i This budget amendment is requested to provide for the following To increase revenues estimates by $80 000 for two $40 000 contributions from the County of Orange and OC Sanitation District to construct a stormdrain to sewer diversion from Newport Dunes I � I I , AI;I;UUN I INU tN 1 KT 1 BUDGETARY FUND BALANCE j Eund Ammunt 250 3605 REVENUE ESTIMATES (3601) 1 Fund /Divisirin Account 250 4858 F I EXPENDITURE APPROPRIATIONS (3603) I Division Number 7251 Account Number 8200 Division Number a Account Number Division Number Account Number I Description Contributions Fund Description Intergovernmental Contributions Description Contributions Fund Capital Projects Dunes Stormdrain to-Sewer Diversion Amount Debit Credit $80 000 00 i r $80 000 00 Division Number Account Number I i Aufana(ic System Entry Signed LL�jyfO C FC�/i�nt�� o�—P —p11, Financial Approval Administrative Services Director Date I I Signed Signed Administrative Approval City Manager jI I 4 City Council Approval City Clerk { Date I Date