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HomeMy WebLinkAbout26 - Defend the Bay Water Quality Improvement Projects Agreement Matter No.: A13-00658CITY OF NEWPORT BEACH City Council Staff Report January 27, 2015 Agenda Item No. 26 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644 -3330, dawebb@newportbeachca.gov PREPARED BY: Bob Stein, Assistant City Engineer PHONE: (949) 644 -3322, rstein @newporbeachca.gov TITLE: Defend the Bay Water Quality Improvement Projects Agreement Matter No.: A13- 00658 ABSTRACT: An agreement among the City of Newport Beach, the Irvine Company LLC, and Defend the Bay, Inc. where the City would receive $1.5 million in funding for water quality improvement projects in Big Canyon and $1.5 million in funds for a regional water quality improvement project in the Santa Ana /Delhi Channel near Mesa Drive. RECOMMENDATION: Authorize the City Manager to execute the Defend the Bay Water Quality Improvement Projects Agreement. FUNDING REQUIREMENTS: The FY 2014 -15 Capital Improvement Program budget recognizes $3,000,000.00 in contributions from the Irvine Company. By budget adoption the City Council appropriated $1,500,000.00 to Account No. 7251- 05002004 (Big Canyon Water Quality /Restoration Wetlands) and $1,500,000.00 to Account No. 7251 - 05002019 (Santa Ana Delhi Regional Project) first in FY 2013 -14 and then as rebudgeted in FY 2014 -15. If City Council approves this agreement, City will apply the settlement contributions received from the Irvine Company to 1) the Big Canyon Water Quality /Restoration Wetlands Project (page 72 of the approved 14/15 CIP budget) and; 2) Santa Ana Delhi Regional Project (page 76 of the approved 14/15 CIP budget) per the terms of the agreement. Additionally, the City will provide funding for designing, fabricating and installing three recognition plaques as specified in the agreement for a cost of approximately $10,000 or less. The current adopted budget includes sufficient funding for the three plaques in Account 7014- C5002004. 26 -1 DISCUSSION: For several years, the City has been facilitating and assisting with the development and implementation of a Court- ordered settlement agreement between the Irvine Company and "Defend the Bay," a local non- profit organization. The proposed agreement will provide funds from the Irvine Company to the City to improve the water quality and habitat restoration of Big Canyon Creek and the Santa Ana /Delhi Channel as discussed below. 1. The Big Canyon Watershed is two - square miles, and includes Big Canyon Nature Park (City property), the Big Canyon community and its golf course, and the City -owned Big Canyon Reservoir (a covered drinking water reservoir). Selenium - a naturally- occurring element -- has been found in concentrations along Big Canyon Creek in excess of State standards. The Big Canyon Creek also contains pollutants that are washed from roadways like Jamboree and MacArthur into the canyon by dry- weather runoff and storm flows. The agreement would provide $1,500,000 in funds for a series of habitat restoration and water quality improvement projects including a treatment wetland that will be constructed just downstream (to the west) of Jamboree Road. 2. The Santa Ana -Delhi Channel drains runoff for unincorporated County areas as well as from the cities of Santa Ana, Costa Mesa, Irvine and Newport Beach. The Channel conveys trash, metals, bacteria, and other pollutants into Upper Newport Bay. The agreement would provide $1,500,000 in funds for a trash and debris collection project and low flow diversion in the Channel. It would match contributions from the Orange County Flood Control District and the City of Santa Ana. The agreement defines the projects to be funded in Big Canyon and the Santa Ana -Delhi Channel. Under the terms of the agreement, the City will provide Defend the Bay and the Irvine Company with an annual report as to the status of the designated projects. The City will also cooperatively design (with Defend the Bay) entrance plaques recognizing Defend the Bay, Frank and Frances Robinson, Leslie Daigle and the City for the combined effort towards improving water quality in and around Newport Bay. The honorees on the plaques were designated by Defend the Bay founder Robert Caustin. ENVIRONMENTAL REVIEW: The approval of the Settlement Agreement is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The construction aspects of the project will go through formal CEQA review. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Defend the Bay Water Quality Improvement Projects Agreement Attachment B - Location Map of Big Canyon Water Quality and Restoration Wetlands Proiect Attachment C - Location Map of Santa Ana Delhi Regional Project 26 -2 January 14, 2015 Bob Caustin Defend the Bay 4101 Birch Street, Suite 150 Newport Beach, CA 92660 Dan Miller The Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 ATTACHMENT A -VPCR1 BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644 -3001 1 949 644 -3020 FAX newportbeachca.gov RE: Defend the Bay Water Quality Improvement Projects Agreement Matter No.: A13 -00658 Dear Mr. Caustin and Mr. Miller: This letter agreement ( "Agreement') is intended to confirm the agreement between the City of Newport Beach (the "City "), the Irvine Company LLC ('TIC') and Defend the Bay, Inc. ( "DTB ") concerning the provision of $1.5 million in funds for the Big Canyon water quality improvement project ('Big Canyon Project') and $1.5 million in funds for the Delhi Channel water quality improvement project ( "Delhi Channel Project'), for a total of $3 million. Specifically, the City, TIC, and DTB confirm their understanding as follows: 1. Pursuant to an agreement to promote water quality between TIC and DTB, TIC offered to pay $1.5 million to the City to use towards the design and construction of the Big Canyon Project ('Big Canyon Funds ").The City has designated alternative projects that improve water quality in Newport Bay (hereafter referred to collectively as the "Big Canyon Alternative Projects' or individually as each "Big Canyon Alternative Project',) and the approximate amount of Big Canyon Funds allocated to each individual Big Canyon Alternative Project is identified in Exhibit A attached hereto and incorporated herein by reference. TIC shall deliver the Big Canyon Funds for each Big Canyon Alternative Project at the time that the City gives notice that it intends to issue a construction or professional services contract, execute an amendment to an existing construction or professional services contract, issue a revised scope of work to an existing construction or professional services contract, execute a cooperative agreement for such particular Big Canyon Alternative Project, or upon receipt of a letter from the City requesting disbursement of funds for a Big Canyon Alternative Project, as permitted by Exhibit A. In implementing the Big Canyon Project or the Big Canyon 26 -3 January 14; 2015 Page 2 Alternative Projects, the City shall hold DTB harmless against all claims, liabilities or expenses, including costs and attorney's fees, arising from the implementation and /or construction of those projects. 2. Pursuant to an agreement to promote water quality between TIC and DTB, TIC offered to pay $1.5 million to the City for the construction of the Delhi Channel Project ( "Delhi Channel Funds "). The City intends to move forward with the Delhi Channel Project in partnership with the City of Santa Ana, the City of Costa Mesa, and the County of Orange Flood Division, and intends to enter into a Cooperative Agreement for the Santa Ana Delhi Channel Diversion Project ( "Cooperative Agreement "), a copy of which is attached hereto as Exhibit B. TIC shall deliver the Delhi Channel Funds at the time that the City gives notice that it is required to make payments pursuant to the Cooperative Agreement. In implementing the Cooperative Agreement, the City shall hold DTB harmless against all claims, liabilities or expenses, including costs and attorney's fees, arising from City's implementation of the Cooperative Agreement. 3. As part of the Delhi Channel Project and operation of the trash removal and urban runoff diversion /treatment facility, the City shall use its best efforts to install a camera for at least ten (10) years to allow the public to remotely view the operating treatment process. The City will regularly inform the public about the Delhi Channel Project through joint press releases unless it is unreasonable for the City to provide a joint press release with DTB. On an annual basis, City will also jointly publicize with DTB the removal amounts of trash and debris from the Delhi Channel Project. 4. To the extent that the City is unable to accomplish Big Canyon Alternative Project No. 2, as identified on Exhibit A, the City and DTB shall agree on an alternative Big Canyon Project or other Project that improves water quality in the "Back Bay" portion of Newport Bay. Approval will not be unreasonably withheld by the city or DTB. The consent of TIC shall not be required. 5. If the City accomplishes the Big Canyon Alternative Projects for less than the total amount shown on Exhibit A, then the City may apply the difference to another project identified on Exhibit A. 6. Commencing on January 15, 2015, the City shall provide DTB and TIC with an annual report as to the status of each Big Canyon Alternative Project and the Delhi Channel Project on or before January 15 of each calendar year. This obligation shall cease as to each Big Canyon Alternative Project when the City informs TIC that it has completed such Big Canyon Alternative Project. This obligation shall cease as to the Delhi Channel Project when the City informs TIC that it has completed the Delhi Channel Project. 1 1 26 -4 January 14, 2015 Page 3 7. Other than the text of this Agreement and the prior agreement referenced herein, there are no other agreements, oral or written, express or implied, between the City, TIC, and DTB concerning the provision of funds for the Big Canyon Project and the Delhi Channel Project. Any and all prior agreements, negotiations, understandings, and discussions have been completely abrogated and superseded by this Agreement. To the extent that this Agreement differs from any prior agreement, this Agreement shall control. 8. The City has voluntarily entered into this agreement solely to facilitate the Big Canyon Project and the Delhi Channel Project. The City shall not be liable for any claims or expenses, including costs and attorneys' fees arising from any disputes between DTB and TIC. 9. Any and all notice required pursuant to this Agreement shall be provided via telephone, email and United States mail as follows: Notice to the City David A. Webb, Director of Public Works City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92658 -8915 DWebb(aDnewporbeachca.gov (949) 644 -3111 With a copy to: City Attorney City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92658 -8915 AHarpanewportbeachca.gov (949) 644 -3131 Notice to TIC Dan Miller The Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 DMiller(a)irvinecompany.com (949) 720 -2853 26 -5 January 14, 2015 Page 4 Notice to DTB Bob Caustin Defend the Bay 4101 Birch Street, Suite 150 Newport Beach, CA 92660 Bob(o)Caustin.com (949) 722 -8777 10. This Agreement is not an admission of liability by any party, nor is it an acknowledgment of the merits of any claims of any party. 11. This Agreement may be executed in counterparts, and shall become effective upon (1) the signature of each party to one or more separate copies of this Agreement; (2) execution by TIC and DTB of a separate agreement setting forth TIC and DTB's rights and responsibilities; and (3) City's execution of this Agreement following TIC's written notice to the City within 5 days of execution of the separate agreement referenced in this Paragraph. The signed separate copies of this Agreement shall collectively be considered the original document. 12. In any dispute concerning the interpretation of enforcement of this Agreement, the - prevailing -party shall -be- entitled- to -an- award -of- attorneys' fees - and - costs. 13. There are no third party beneficiaries to this Agreement. 14. The signatories below represent and warrant that they have authority to enter into this Agreement on behalf of the parties to this Agreement. Sincerely, Dave Kiff City Manager [SIGNATURES ON NEXT PAGE] 26 -6 January 14, 2015 Page 5 APPROVED AS TO FORM: Date: l - I L( , 2015 B ' `yA Aaron C. Harp, City Attorney IRVINE COMPANY LLC, a Delaware limited liability company Its: DEFEND THE BAY, INC. a California corporation M ATTEST: Date: 2015 Leilani I. Brown, City Clerk 26 -7 EXHIBIT A EXHIBIT A Alternative Proiects for Rio Canvon Proierf See Exhibit A -1 " See Exhibit A -2 A13- 00658 /EXHIBIT A 1.15.15 26 -9 Projects that improve water quality of Newport Bay Funding Triggering Event Estimated including Upland Habitat Restoration Costs 1 Recreation and Management Plan prepared by IRC' Execution of a new contract, or amendment to existing contract with IRC, or revision to scope of work with existing contract with IRC 150,000 2. Constructed wetland approximately 1 acre" Execution of design or construction agreement 775,000 3. At least 2.0 acres of invasive removals and habitat Execution of a new contract, or amendment to restoration including construction documents, entitlement, existing contract with IRC, or revision to scope of permits, and erosion control, construction, inspection, work with existing contract with IRC which shall oversight and monitoring to improve visibility and acces include a commitment by IRC to utilize volunteer to trail users. City shall consult with DTB to identify an labor for restoration activities as to the maximum appropriate scope of work for DTB to approve as part of extent feasible. implementation of the restoration project. 385,000 4. 1st year of monitoring and maintenance of the Execution of a new contract, or amendment to constructed wetland existing contract, or revision to scope of work with existing contract, provided that the contractor to do the work has been approved by TIC 30,000 5. Stewardship of the newly restored areas by a non - profit Execution of a new contract, or amendment to organization qualified to manage the restored areas such existing contract with IRC, or revision to scope of as IRC or other capable entity. work with existing contract with IRC 150,000 6. Installation and permanent maintenance of Installation of monumentation at up to three monumentation that will include recognition of DTB, Frar k entrances at Big Canyon Nature Park, with and Frances ( "Fran ") Robinson, Leslie Daigle and the monumentation generally similar in size and scope City. to that at Bob Henry Park in Newport Beach. DTB to have approval of final design, and layout of monumentation. 10,000 TOTAL 1,500,000 See Exhibit A -1 " See Exhibit A -2 A13- 00658 /EXHIBIT A 1.15.15 26 -9 EXHIBIT A-1 26 -10 SCOPE OF SERVICES AND COSTS New Irvine Ranch Conservancy ( "NIRC ") will develop a Resource and Recreation Management Plan ( "RRMP ") for Big Canyon Nature Preserve. The purpose of the RRMP is to provide a planning document that will guide the management, restoration, enhancement and recreation in Big Canyon. NIRC will develop detailed knowledge of the Big Canyon ("the Preserve ") natural systems and the many challenges of the surrounding urban interface to plan for its long -term management, restoration and public enjoyment. To develop such knowledge, NIRC will collect, organize and evaluate existing resource data with respect to the Preserve. Upon execution of the Agreement to which this Scope of Work is attached, City will provide NIRC with all relevant information and data in its possession including GIS files, land use data, ownership and jurisdictional information, resource data, and any other relevant information, Information on historic and current habitats, as well as planned land uses directly and indirectly impacting the Lands, will be obtained from The Irvine Company LLC, City, the County of Orange, the State of California, and the Nature Reserve of Orange County ( "NROC "), and will include previous NCCP data as made available to NIRC mangers by these and other sources. NIRC, with the approval of City, will subcontract with a qualified consultant or consultants ( "Consultant ") to prepare a comprehensive resource and recreational management plan document for the Preserve consistent with the terms and criteria of the Orange County Central Coastal Natural Communities Conservation Plan (the "NCCP "), including collection and organization of the data described above and gathering additional data on soils, vegetation, species occurrences and other biological resources as needed and appropriate. NIRC will supervise Consultant and will coordinate and provide planning s p icwirrthue preparatiarrof-the -RRMP- for -City, which- is- estinTated -to- require-up to twelve (12) months to prepare, including time for supplemental field surveys, public information sessions and agency review and approval. The City anticipates submitting the RRMP for review by the state and federal wildlife agencies and NROC, with the intent of enrolling the Big Canyon Preserve in the NCCP. Because the RRMP must be approved by state and federal wildlife regulatory agencies and coordinated with NROC to enroll the Preserve in the NCCP, NIRC will organize the consultation and involvement of such agencies in the planning process and will assist City in submittal of the City - approved draft to NROC and applicable state and federal wildlife regulatory agencies for review. After development of the RRMP and based on the long -term habitat restoration, maintenance and public access recommendations set forth in the approved RRMP, City, with the assistance of NIRC, will establish implementation priorities based on the RRMP. As part of this process, NIRC will submit a capital program (habitat restoration and public access) for City's review no later than 60 days after the completion and approval of the RRMP. The capital program will address components of stewardship and public access (including trails and facilities) as identified by the RRMP. During development of the RRMP, City will create an informal Stakeholder Advisory Group (including adjacent homeowners) that City shall convene as needed to assist City and NIRC in completing and implementing the RRMP. NIRC shall participate in 26 -11 Stakeholder Advisory Group meetings to the extent appropriate. City may also choose to host one or more public meetings associated with the RRMP development, and NIRC will participate in and support City in such process. Costs for Scope of Services: TASK COST Review of Existing Information Updated Detailed Site Evaluation Biological Surveys Soil Surveys RRMP Draft Preparation RRMP Document Finalization Project - Related Meetings TOTAL PROJECT COST $8,440 $6,850 $71,770 $12,830 $40,200 $12,100 $16,870 $169,060 26 -12 EXHIBIT A -2 26 -13 MEASURE M2 ENVIRONMENTAL CLEANUP PROGRAM TIER 2 GRANT APPLICATION FORM Project Title: Lead Agency Information FUNDING /MATCH SUMMARY (Project Administrator responsible TOTAL PROJECT COST (TPC) for day -to -day project $ 2.278.400_ Implementation) Complete section "I." on next page to Name: John Kappeler calculate amounts below Title: WQ Manager TOTAL FUNDS REQUESTED Address: 100 Civic Center Drive, APPLICANT MATCH % Newport Beach, CA 92660 (50% min. minus reductions) Phone: 949 -644 -3218 OVERMATCH COMMITMENT (must be cash and cannot be from a Email: competitive M2 grant program) jkappeler@newportbeachca.gov APPLICANT MATCH AMOUNT Project Is part of a larger effort (circle) .joint 1 $1,592,780 30% Q% $682,620 Name: N/A Title: Agency: Address: Phone: Email: 26 -14 Name: N/A Name: N/A Title: Title: Agency: Agency: Address: Address: Phone: Phone: Email: Email: 1 $1,592,780 30% Q% $682,620 Name: N/A Title: Agency: Address: Phone: Email: 26 -14 Funding Request /Match Commitment: Total Funds Requested ($5 million max) $1,592,780 Match Reduction Percentages (3O% max)* Applicant Match Project Readiness up to 15% Match Calculation Draft Operations and Maintenance (0 &M) Plan up to 15% • Minimum Required Match Percent (50% of the total 50% 50% eligible project cost Project Readiness (check box if applicable) ❑ CEgA Certification (must be certified) 5% reduction Subtract 0% ❑ Construction Documents Complete 5% reduction Subtract =% ® ROW Acquired (only if required for this project) 5% reduction Subtract Draft 0 &M Plan (10 -year Plan Required) 10% or 15% Subtract 15 • 0 &M Beyond 10 years: 15 years (10% reduction)or 20 reduction years (15% reduction) Calculated Applicant Match Percentage 30% Applicant Overmatch Percentage (must be cash and cannot be from a competitive M2 grant 00/a program; see Part Two, #7) Applicant-Match-Am ount- (Total Eligible Project Cost x Match Percentage) $682,620 Estimated Eligible Grant Funded Expenditures ** Amount Percentage • Construction $1,432,680 90% • Project Management/Construction Management (max 15% of Construction Cost) $0 0% • Preliminary Project Design, Environmental, & Engineering (max 10% of Total Funds Requested) $160,100 10% Total Eligible Expenditures $1,592,780 (Cannot exceed total funds requested plus match amount) * Match reduction(s) require verification by evaluation committee. ** Provide if available. This information will be required for payment verification at time of invoicing. 26 -15 ii. Proposed Schedule: Provide an estimate of the project's proposed schedule: Project Management Provide an assessment of the management capabilities of the Applicant /Lead Agency. At a minimum, include an organization chart (as attachment), showing key project individuals who will be responsible for ensuring that the project is completed and has individuals, their experience and responsibilities associated with the proposed project. iv. Partnerships State in what capacity the joint applicant /third parry will be contributing to the project (monetary contribution, time contribution, etc.) and explain the process and timing of and the ird The City will be implementing the project and providing the matching funds as a requirement of the grant. Although there is no formal agreement for the BCTW Project with other third parry participants, several other groups have been actively engaged with the restoration and conservation efforts currently spear- headed by the City in the Big Canyon Watershed, including the County of Orange, Big Canyon Golf Course, the Regional Water Quality Control Board, Home Owners Associations in the upper part of the watershed, and several conservation groups. 26 -16 Start Date Completion Date Third Party /Joint Applicant Agreement (must be executed prior to contract award date) N/A N/A Environmental Document 2/1/2014 6/30/2015 Design and Permitting (if applicable) 2/1/2014 6/30/2015 ROW (if applicable) N/A N/A Award of Contract 6/30/2015 7/1/2015 Construction 7/2/2015 3/31/2015 0 &M (10 years minimum 15 or 20 years for match reduction) 4/1/2015 4/1/2035 Project Management Provide an assessment of the management capabilities of the Applicant /Lead Agency. At a minimum, include an organization chart (as attachment), showing key project individuals who will be responsible for ensuring that the project is completed and has individuals, their experience and responsibilities associated with the proposed project. iv. Partnerships State in what capacity the joint applicant /third parry will be contributing to the project (monetary contribution, time contribution, etc.) and explain the process and timing of and the ird The City will be implementing the project and providing the matching funds as a requirement of the grant. Although there is no formal agreement for the BCTW Project with other third parry participants, several other groups have been actively engaged with the restoration and conservation efforts currently spear- headed by the City in the Big Canyon Watershed, including the County of Orange, Big Canyon Golf Course, the Regional Water Quality Control Board, Home Owners Associations in the upper part of the watershed, and several conservation groups. 26 -16 V. Transportation Nexus Describe how the project meets the transportation nexus definition. See page 12 -1 and 12 -2. The objective of the BCTW is to improve water quality in Big Canyon Creek and Upper Newport Bay by removing transportation- related pollutants from dry and wet weather flows in Big Canyon Creek. The BCTW has been designed specifically to eliminate or reduce transportation - related pollution from entering surface waters of Big Canyon Creek, a major tributary to the Upper Newport Bay Ecological Reserve. The Big Canyon Watershed that drains to the BCTW encompasses approximately 1,062 acres (see Attachment C) and is impacted by several major transportation corridors: Jamboree Road, Macarthur Boulevard, and San Miguel Road. Vehicle traffic on these streets is among the busiest in the City. The watershed is also criss- crossed by a network of smaller boulevards and side streets in residential neighborhoods and the Big Canyon Golf Course and an associated network of storm drains (MS4), drainage systems, catch basins, curbs, gutters, and manmade channels. Transportation- related pollutants are conveyed to the receiving waters in Big Canyon Creek from a variety of sources, including vehicles, road maintenance, maintenance facility runoff, and landscaping maintenance. Vehicles are known to produce a variety of pollutants that can have a negative impact on water quality in the receiving waters to which they drain. Metals such as copper and zinc can build up on road surfaces through break and tire wear; other metals such as cadmium, chromium and sometimes lead can be deposited on road surfaces from paint on vehicles and streets. Metals often bind to sediments, trash, and debris on road surfaces, which can be carried into waterways during storm events. In addition to pollutants associated with vehicles, landscaped areas landscaping) can be sources of pollutants such as pesticides, nutrients (particularly nitrate and phosphorus), and fecal indicator bacteria (all of which are known to be associated with urban landscaping, which is found throughout the Big Canyon Watershed). These pollutants can be carried downstream in receiving waters in both wet weather (during storm events) and dry weather conditions (primarily due to over irrigation). Finally, in addition to direct deposition to the road surface, street surfaces and adjacent walkways and landscaped areas can be impacted from vehicle emissions through atmospheric deposition of pollutants such as the dissolved fraction of metals and organics such as polynuclear aromatic hydrocarbons (PAHs). All of these contaminants can impact receiving waters of adjacent streams and downstream waterways, such as Upper Newport Bay. The Big Canyon Watershed is a particularly important drainage for transporting contaminants to the Bay due to large, sustained, year -long dry weather flows in the creek (one of the highest flowing tributaries to Upper Newport Bay) and the large network of roads that can produce transportation- related contaminants. The BCTW has been located near the base of the Big Canyon drainage for this reason. It has been specifically designed to capture and treat both dry and wet 26 -17 weather flows within the drainage and will reduce levels of all the pollutants discussed above in Big Canyon Creek and the downstream receiving waters of Upper Newport Bay. The BCTW will capture and treat all of the wet weather flows from Jamboree Road (a major transportation corridor) within the drainage (see Attachment C), and a portion of the wet weather flows form Big Canyon Creek. During dry weather, the BCTW will treat all the flows from Jamboree Road within the drainage and approximately 25 to 30% of the dry weather flows from Big Canyon Creek. The design of the BCTW consists of a vault to remove sediment and trash, a bioretention /bioreactor cell consisting of soil and wood chip treatment unit, a vegetated submerged bed cell, and an infiltration gallery. According to national and regional BMP manuals (e.g., the CASQA BMP handbook), constructed wetlands, such as the BCTW, have been shown to be effective in treating a variety of pollutants associated with transportation runoff including trash, sediment (and attached pollutants), nutrients and organics such as PAHs and pesticides, and fecal indicator bacteria. The BCTW is an underground, modified constructed wetland that has been designed specifically to treat the suite of transportation- related pollutants found in urban watersheds and has been shown to be extremely effective. Thus, the BCTW Project meets the transportation nexus described in the OCTA guidelines through the following means: • The BCTW will be located near the base of the Big Canyon Watershed, which contains a large network of roads and associated transportation- related contaminants. • It will treat polluted dry weather flows in Big Canyon Creek, a major tributary to Upper Newport Bay with large, continuous dry weather flows. • It will also treat wet weather flows from Jamboree Road, a major transportation corridor, as well as a portion of the wet weather flows from Big Canyon Creek. • It has been specifically located and designed to reduce or eliminate transportation - related pollutants, which will have a direct result on improving water quality in Big Canyon Creek and the Upper Newport Bay Ecological Reserve. The BCTW combines the proven capability of improving water quality through removal of transportation- related pollutants with an innovative design ideally suited for the Big Canyon Watershed. The location and design of the Project have been developed to provide a clear nexus to a reduction of transportation- related pollutants that will result in improved water quality in Orange County streams and bays. vi. Existing Water Quality Expenditures Describe how the project supplements and does not supplant funding from other sources of transportation related water quality projects and programs (see Overview on page 12 -1 for further details) This question may not apply to all projects. 26 -18 The BCTW is a separate project that will be funded, constructed, and monitored as a discrete project. The project does not supplant funding from other sources of transportation- related water quality projects and programs. When completed, the project will compliment other water quality improvement and restoration projects in the Big Canyon Watershed as well as the region, but will not replace existing pollution reduction efforts conducted by the City or other entity. vii. Integrated Regional Water Management Plan (IRWMP) Is the proposed project identified in an existing IRWMP? Yes No X viii. Description of Proposed Project Describe the project and why it is important for controlling transportation- related pollutants to a watershed(s). The City of Newport Beach has a population of 85,000 residents plus an estimated 8 million visitors annually. Controlling dry- weather and storm water pollution is a significant issue for the City of Newport Beach and the City is dedicated to protecting Orange County beaches and waterways from transportation - related and other pollutants. The Big Canyon Watershed comprises approximately two square miles of commercial, recreational, residential, and open space land uses, all of which is drained by Big Canyon Creek — a major tributary to Upper Newport Bay. There are numerous major thoroughfares (e.g., Jamboree Road, MacArthur Blvd., and San Miguel Drive) and residential streets in the watershed that produce transportation related pollutants, such as metals from brake and tire wear, nutrients, pesticides, and bacteria from landscaped medians and other areas, sediments from road ware, and oil & grease and other organics from vehicle engines. The Big Canyon Creek Stormwater Treatment System (BCTW) has been specifically designed to efficiently capture and treat all of these transportation- related pollutants in surface waters of the Big 1. Dry weather flows from the Big Canyon Creek drainage upstream of Jamboree Road (approximately 1,062 acres) plus any additional dry weather flows from Jamboree Road; and 2. Wet Weather flows from the Jamboree Road drainage area (approximately7 acres of roadway surface) and a portion of Big Canyon Creek wet weather flows. The system is designed to capture and treat 100% of the annual wet and dry weather runoff from Jamboree Road (see drainage area in Attachment C) within the Big Canyon Watershed, which is a major thoroughfare in the City. Transportation related pollutants from Jamboree Road surface runoff currently flow directly to Big Canyon Creek and Upper Newport Bay during storm events. The dual system will also capture and treat a portion of the dry weather flows from Big Canyon Creek. Big Canyon Creek maintains substantial, continuous, year -round dry weather flows and has among the greatest flow of any tributary to the Upper Newport Bay Ecological Reserve, which supports a suite of extremely important biological and cultural resource in southern California. The BCTW design has been proven to be effective in reducing loading of a variety of transportation- related 26 -19 pollutants, including trash, metals, nutrients, organics (PAHs and pesticides), sediments (e.g., total suspended solids [TSSI), and indicator bacteria. In addition to the direct benefits the BCTW will provide in reducing transportation - related pollutants, the system will also have the following benefits. The BCTW will enhance the restoration of lower Big Canyon Creek, which is currently underway; it will help meet targets for several TMDLs in the area, including metals, toxics, nutrients, selenium, and bacteria; it will reduce levels of selenium and other constituents in the creek, which will further protect biological resources in the Big Canyon Creek Watershed and the Upper Newport Bay Ecological Reserve. A description of the BCTW is provided below. Maps of the BCTW and associated drainage areas for the dry and wet weather drainages are provided in Attachment C and concept designs are provided in Attachment B. The BCTW will consist of the following elements; A. Curb Inlet Diversion Structure: Runoff from the existing stormwater system for Jamboree Road consists of a system of curbs, gutters, curb inlets, and median curb inlet that discharge at two outlets directly to Big Canyon Creek (see photos in Attachment D). A new stormwater collection and primary treatment vault will be installed to collect the flow from these pipes. The vault will be located near the road shoulder and contain three (3) chambers with manhole access lids. The first chamber collects trash, second sediment, and the third controls the gravity discharge of water with dissolved phase constituents into the first treatment cell. The manhole access lids are located close to the road for maintenance and periodic removal of trash and sediment by a Vac truck. The vault will also contain a float switch that Jamboree Road, the Big Canyon Creek pump station will be shut down until the treatment capacity is available for handling water from the creek. B. Pump Station: In order to treat dry and wet weather runoff from Big Canyon Creek, a pump station will be required. The inlet will be located at or slightly below the current stream channel bottom. The pipe line will be constructed to the pump station, which will be located outside the current 100 year floodplain, or installed as submersible system with controls located above the floodplain. The current conceptual design flow is 32 gpm of Creek water delivered to the dual cell treatment wetland described below. C. Bioretention and Bioreactor Cell: The first treatment cell consists of a lined 2- tier combined engineered soil and wood chip treatment unit (see concept designs in Attachment B). The cell is approximately 0.4 acres and will be constructed of earth fill embankments with a geotextile liner. The 2 -tier cell consists of an upper 18 inch bioretention soil layer and a lower 36 inch wood chip bioreactor layer. The layers are separated by 12 inch gravel layer with an upper 6 inch sand filter bed located 26 -20 between the soil and gravel. An additional bottom 12 inch gravel drainage layer is located at the bottom of the cell. Water levels are controlled by a series of perforated and solid inflow and outflow pipes and AgriDrain water control structure. The upper layer will receive intermittent flows to maintain good native wetland type vegetation for treatment of stormwater from Jamboree Road. The system can also store additional stormwater over the upper layer that will flow through the system at a controlled 72 hour maximum release rate of approximately 44 gpm. The lower bioreactor wood chip layer is a much thicker mass that is designed to attenuate constituents in a reducing environment and will serve to perform the majority of metal constituent removal. It will periodically be augmented with a carbon food source such as MicroCg. The influent from the pump station will normally be discharged directly to bottom of the lower layer through a gravel and pipe distribution system where fully saturated conditions will be maintained by the water control structure. Treated water will be discharged from the lower layer at the top gravel layer through gravel and pipe collection system. Discharges will be conveyed in a pipe and manifold system to the Single Tier vegetated submerged bed (VSB) cell located downstream. D. Vegetated Submerged Bed Cell: The second treatment unit consists of a lined single tier horizontal flow constructed wetland cell, or vegetated submerged bed wetland (Attachment B). The cell is approximately 0.2 acres and is to be constructed of earth fill embankments with a geotextile liner. The VSB cell consists of an upper 18 inch engineered soil layer, six inch sand filter over a 12 inch gravel inflow and outflow pipes and AgriDrain water control structure. The engineered soil layer will receive intermittent flows to maintain good native wetland type vegetation for treatment of dry and wet weather flows from the 2 -tier cell. The system can also store additional stormwater over the upper layer that will flow through the system at a controlled 72 hour maximum release rate of approximately 44 gpm. E. Infiltration Trench Gallery: Treated stormwater released from the VSB cell will discharge to a perforated pipe and gravel infiltration trench gallery located near the channel bank of Big Canyon Creek (Attachment B). The length and size of the gravel drainage material and estimated infiltration rate are designed to mimic a natural recharge of the vadose zone near the Creek channel. Should high water levels exist during periods of discharge, a series of overflow outlets will also be installed to allow direct release of treated stormwater to the stream channel. 26 -21 ix. Project Details: INFORMATION REQUIRED INPUT 1. Project Location Where Big Canyon Creek crosses (Street Address or Lat -Long) Jamboree Road: Lat: 33.628104 Long.: - 117.877602 2. Project BMP Type (use CASQA or Constructed Wetland (TC -21) equivalent definition) 3. Project Design Criteria. Select one: - Volume -based BMP (24 -hour rainfall The Project is both volume and flow - volume) based to treat both dry and wet - Flow -based BMP (design 1 -hour weather conditions. intensity) 4. Project Site Map Attachment C 5. Project Tributary Drainage Area Attachment C x. Project Priority If submitting an application for more than one project, is this project your enty's-priority? - -- Yes X No A. Funding Cycle If awarded funding, in which funding cycle would you like to receive funds? (Check one) FY 2013 -14 (contract must be awarded by June 30, 2014 and funds would be available July 1, 2014) X FY 2014 -15 (contract must be awarded by June 30, 2015 and funds would be available July 1, 2015) 0 26 -22 Part Two: Project Specific Information (scored) Each proposal can receive up to 105 points, inclusive of five bonus points associated with overmatch commitment. Tier 2 selection criteria includes both technical scoring criteria (70 percent weighting) and non - technical scoring criteria (30 percent weighting) 1) Transportation Priority Index (5 /100 pts - Coordination with OCTA required to determine points) The Transportation Priority Index (TPI) is developed based on density of roadway lane miles within pre - defined catchment areas. OCTA will provide geospatial information (through ArcGIS and /or Google Earth) that will allow applicants to establish this point score based solely on project location /address. 0 Points (5 max) (To be completed by OCTA) 2) Water Quality Need Analysis (40/100 pts - Coordination with OCTA required to determine points) a) The Environmental Cleanup Allocation Committee (ECAC) agreed upon criteria upon which water quality Catchment Prioritization Index (CPI) scores were established. CPI scores quantify water quality need using the GIS -based Structural BMP Prioritization and Analysis Tool (SBPAT) and Orange County land use and receiving water data. OCTA will provide geospatial information (through ArcGIS and /or Google Earth) that will allow applicants to establish this point score based solely on project location /address. 0 Points (30 max) (To be completed by OCTA) b) The OCTA team reviewed County monitoring data and regulatory (303d) impairment lists to establish indices of water quality need based on receiving water quality. OCTA will provide geospatial information (through ArcGIS and /or Google Earth) that will allow applicants to establish this point score based solely on project location /address. = Points (10 max) (To be completed by OCTA) 10 26 -23 3) BMP Performance (25/100 pts — Coordination with OCTA required to determine points) a) For Wet Weather (25 pts), develop water quality load reduction index ( WQLRI) A B C* D* Pollutant Family Relative Contribution to CPI Score from SBPAT Prioritization Output Avg. Annual Load Reduction from SBPAT Analysis Output (units vary, max 100) Weighted Load Reduction (B x C) Volume 14.8% Estimated Percentage of Dry- Weather Flow 25 0/c/12.4 M /yr Metals 29.6% Estimated Percentage of Dry- Weather Flow 17 %/8.4 MG /yr Bacteria 33.3% Estimated Total Dry Weather Flow Volume Fully 42 %/20.8 MG /yr Nutrients 11.10% TSS 11.1% 1000/0 dimensionless WQLRI (sum) * OCTA to complete WQLRI/Total Project Cost (to be completed by OCTA): Wet Weather Project Quantile (to be completed by OCTA): Wet - Weather Points Allocated (to be completed by OCTA): b) For Dry Weather (25 pts), estimate total dry- weather volume mitigated (include supplemental calculation package, including basis for estimates) Proposed BMP Technology Bioretention /Bioreactor and Wetland Cells Estimated Total Dry Weather Flow Rate cfs 0.42 Estimated Total Dry Weather Flow Rate 0.18 Mitigated cfs Estimated Percentage of Dry- Weather Flow 25 0/c/12.4 M /yr Removed or Avoided MG r Estimated Percentage of Dry- Weather Flow 17 %/8.4 MG /yr Treated to Water Quality Standards MG r Estimated Total Dry Weather Flow Volume Fully 42 %/20.8 MG /yr Mitigated MG/ ear Mitigated Dry Weather Volume /Total Project Cost Dr be completed by OCTA): Dry - Weather Project Quantile (to be completed by OCTA): Dry- Weather Points Allocated (to be completed by OCTA): c) Total BMP Performance Score (all to be completed by OCTA) Wet - Weather Points Allocated (from a) Dry- Weather Points Allocated (from b) Total Points Allocated (max 25 points) EE I1 26 -24 4) Multiple- Benefits (semi - qualitative analysis) (10 /100 points max from subcategories a, b, c, d, e) Any benefit above and beyond water quality improvement (load reduction benefit) should be addressed in these questions. All subcategories may not apply to your project. a) Drainage (5 points maximum) now noes me projecr increase teveis or proreccion or mirigare a n000ing prooiemr The Project will mitigate a potential flooding problem by capturing and treating wet weather flows. The BCTW has been designed to capture and treat all of the annual wet weather flow from Jamboree Road within the Big Canyon Watershed and a portion of the flow from Big Canyon Creek that drains the Big Canyon Watershed. It will also capture and treat approximately 25% of the dry weather flow from Big Canyon Creek and any residual dry weather flow from Jamboree Road. After the water has been treated it will flow into an infiltration gallery then back to Big Canyon Creek via groundwater (see Project Description, Section viii). The residence time for the captured storm water will be approximately 72 hours. Calculations and volumes are described in Attachment F. b) Recreational (5 points maximum) How does the project provide a recreational benefit to the community? The BCTW Project will provide a clear recreational benefit to the community. The BCTW will be located adjacent to Big Canyon Creek, just downstream of Jamboree Road. This area is currently degraded habitat with disturbed soils and invasive vegetation (see photos -in - Attachment -D)As- part-of- the - Project,— this - currently -distu rbed -a rea- will -be graded and the treatment wetland, when completed, will be planted with native vegetation, which will enhance recreational opportunities in the area. In addition, the Project will enhance restoration efforts that are planned for the lower Big Canyon Watershed (please see project description at the following website: htto:// www .newi)ortbeachca.gov /index.aspx ?page =100). The restoration project for lower Big Canyon will include trails and public access to the restored area that will also provide public access and recreation in the area associated with the BCTW Project. Education materials developed for the restoration may also include the water quality enhancements achieved by the BCTW. In this way the BCTW will be a continuation of the recreational opportunities provided by the lower Big Canyon restoration. c) Habitat (5 points maximum) How does the project provide a habitat benefit? As discussed above, the BCTW Project will be located adjacent to Big Canyon Creek, just downstream of Jamboree Road. This area is currently a degraded habitat with disturbed soils and invasive vegetation (see photos in Attachment D). As part of the Project, this currently disturbed area will be graded and the treatment wetland, when 12 26 -25 completed, will be planted with native vegetation. This will provide a clear habitat benefit to the area as native plants are established and replace the existing invasives, The Project will also remove trash and a suite of pollutants from Big Canyon Creek. Floating debris, plastics and organic material as well as smaller plastics which are harder to see and remove (and very dangerous to aquatic life) will also be trapped within the BCTW units. Removal of these pollutants will further enhance habitats adjacent to the Project site as well as downstream in the restored lower Big Canyon restoration area. In addition, oil sheens commonly seen around Upper Newport Bay will be removed, and sediment loading reduced. This will result in reduced sediment loads, which greatly improves habitat in Big Canyon Creek and will help maintain important marine habitats in Upper Newport Bay (such as eel grass beds and critical fish habitat for juvenile and demersal fish). d) Water Resources (5 points maximum) Is there a potential water resources s The proposed Project is complimentary to the City's overall goal of reducing pollutant loading and dry- weather runoff reduction into Upper Newport Bay. This Project will be combined with the City's overall water quality efforts, including public education and reduced dry- weather flows. The Project will be part of a focused effort in the Big Canyon Watershed to reduce dry weather runoff through the installation of smart irrigation controllers, low flow nozzles and turf removal - to save water and eliminate runoff. This proposed Project combined with our water quality improvement efforts will improve water quality and contribute to conservation efforts to save water and reduce 13 26 -26 e) Other (5 points maximum) Describe any other benefit your project provides not previously addressed in a M In addition to the direct benefits the BCTW will provide in reducing transportation - related pollutants, the system will also have the following benefits. The BCTW will enhance the restoration of lower Big Canyon Creek, which is currently underway; It will help meet targets for several TMDLs in the area, including metals (including selenium), sediment, nutrients, pathogens (fecal coliform bacteria), and pesticides It will reduce levels of selenium and other constituents in the creek, which will further protect biological resources in the Big Canyon Creek Watershed and the Upper Newport Bay Ecological Reserve. Reduced sediment loads as a result of the BCTW will reduce Dredging costs as debris that usually comes to rest on the ocean floor is eliminated. 5) Project Readiness (10 points maximum) Describe the project's readiness (i. e., how far along is the project with regard to concept development, cost estimates, design, environmental compliance, construction departments overall work plan (with an anticipated grant award), and dedicated staff to implement the project. Next steps to include: generating drawings, specifications, detailed cost estimates and schedules for this project. Subsequently, advertising the project to qualified bidders, verifying low bid and award at a future City Council meeting. After the project is awarded, a pre - construction meeting will be held and the 6) Policy (10/100 points maximum from subcategories a and b) a) Multi- Jurisdictional Project with Regional Benefit (maximum 10 points) It the project is multi- iurisdictional, describe how it would provide a reaional benefit. The proposed project lies within the Big Canyon Watershed which drains directly to Upper Newport Bay. The Federal Clean Water Act Section 303(d) requires that States assess the quality of their waters every two years and publish a list of those waters not meeting the water quality standards established for them. Water quality standards include beneficial uses, water quality objectives necessary to protect these uses and the antidegradation policy. These objectives are found in the Basin Plan. For water bodies laced on the 303(d) List of Water Quality Limited Segments, States are required to 14 26 -27 develop Total Maximum Daily Loads (TMDLs) for the pollutant(s) that are causing standards of impairment. The following TMDLs have been established for Newport Bay: • Metals (including selenium) • Sediment • Nutrients • Pathogens (fecal coliform indicator bacteria) • Pesticides htto: / /www.waterboards.ca.aov /rwacb8 /water issues /oroorams /tmdl /index.shtml #oroie cts In addition, the proposed BMP (CDS Units) will complement the City's current trash mitigation program, i.e. catch basin screens, catch basin filters and an aggressive and comprehensive street sweeping program, all aimed at keeping roadway pollution, sediment and hydrocarbons from entering Newport Bay. The proposed location for the CDS Unit will be at the "end of pipe" to provide maximum removal of pollutants from the upstream watershed. b) Community Support and Benefit (maximum 5 points) Community support could include but not be l /mited to third parties who are either directly or indirectly involved with the project. For example, if a project is located adjacent to a private development, the homeowners'assoc/ation could write a letter of support for the project: Likewise, community organizations may also write letters of support for the project. Does the project have community support and how will it ,provide a benefit? Yes, the community, residents, businesses and visitors to Newport Beach are very supportive of the City's water quality program, including this project. These proposed BMPs will be a great addition to our goal of removing roadway pollution, sediment and hydrocarbons from entering Newport Bay. 15 26 -28 7) BONUS POINTS: Ability to Leverage Funding (5 points maximum, 1 point per 5 %, maximum 25 %) vviu As stated elsewhere in this grant application, the proposed Project will be an integral part of the City's overall water quality, water conservation, and environmental programs, The City is committed to improving water quality in streams, estuaries, and marine systems. It has and will continue to commit substantial resource to meet these goals through numerous programs and projects throughout its jurisdiction and the region. Although additional marching funds for this Project, beyond those already committed, are not currently available, the City will continue to support projects ad initiatives that are consistent with the goals of OCTA. Part Three: Funding Local Match Detail Cash Contribution $ 439,320 In -Kind Services * $ 243,300 Other Grants Total Match Commitment $ 682,620 Source(s) of Local Match 1. *In-Kind Services (excluding O &M): Salaries and benefits for employees who will perform work on the proposed project are eligible as a matching requirement. 16 26 -29 Project Title: City of Newport Beach Big Canyon Phone: 949 - 644 -3218 Restoration Wetlands Project Email: jkappeler @newportbeachca.gov Contact: John Kappeler Agency: City of Newport Beach Local Match Detail Cash Contribution $ 439,320 In -Kind Services * $ 243,300 Other Grants Total Match Commitment $ 682,620 Source(s) of Local Match 1. *In-Kind Services (excluding O &M): Salaries and benefits for employees who will perform work on the proposed project are eligible as a matching requirement. 16 26 -29 Please provide details on how in -kind services are calculated. Identify the Fiscal Year(s) of In -Kind expenditure and amount for each year. Do not use acronyms. In -kind services provided by the City include preparing the construction documents (drawings and specifications), preparing the environmental clearances and obtaining permits and approvals from the resource agencies. The City will also provide the construction management services and project inspection. 2. Other grants and /or funding may include fair share funds, non -ECP state or federal grant funds, local city funds, general funds, developer fees, etc. Please list the name and amount of any respective non -ECP grants that are proposed as a match. If there are other grant type(s), include the status of each. N/A 17 26 -30 Part Thr environmental cleanup Program Tier 2 Cost Estimate e: Funding (continued) 1 -- Prolect Number. .. ... ... .. ., I Lead?9e^¢Y .... ... I CN of Newport Bx¢ch Match R.I. 30.00h Uate: son-13 Pro ecl Tiue Big Carton Restoration Wetlands Project Eligible Proleol Costa N n EI Gble Project Costa 2 Prq¢ct Design, Emmm�merual, Eng need, No. ...... .... ._._..... Descrpfon Unit Price Unit of Mer 2 F ding ... .. ...... M asurern,- QuantN Cost Matching Funds ........ .. Quantty cost Ofiet /Non- Elig'ble .. Quanm Cost Totals Quantily Gosh EnWronrnnlal and Pennitdrlg ...... ....... .. .............._ En9lneenng Des19n ....._.._....._ . ............... 1 '$ 160,100 ...' $ $ - $ 160,100 - $ 210,00p .._......... 1 � $ 210,000 _ ............ $ Project Design, EovimnmeMal, Engineering Sub -Total 1 $ 160,100 1 $ 210.000 0 $ - 0 $ 370,1W 3 Conslrucbon(captalt N. ... . .. .... .... pescnp5on Unit of Tr2 Funding "I- suremon .. .. ........ .. P/o quantity Cost Matchn, Funds ............. ..... Quantity Con Olher /Non4Digble ... Quantity Cost Total ...... .. .. Quantity Cos[ CensbuCcn of Welland 1 81,32,600 g _ $ 229,320 $ _ $ $ - 1 $1,662,0W _ 0 $ _ $ - .. $ - 0 $ - 9 Construclion(Capital) SUb -Total Consbn ti Man g merit No. i - -- " "--- `Descnplon- - _ - t '31,432630 U koF Tier 2 Fun6ng Unit Price urement -- QUanury Cost 0 $ 229,320 lvlelclting Funds QuarNtY Cost 0 $ OfherMw- Ergble Quantity COSt - 1 $1,662,W0 Total Quantity Cost Praje Gur budicn Management $ $ 243,300 $ $ $ - 0 $ 243,300 0 S 0 -$ _._..... Construction Management Sub -Total 0 $ 243,3W 0 $ - 0 - $ 243,300 5 Other N0. _ .. _ ___.__ Descnpuon Unit& Uni Price ._ ;NBasurement QQuantity MatcbingF ds _.., -ty ...., .. Cost Ofh rMOrfErigM .. ._ ....,. Quantlty - C t Total Quantlty Cost Jst $ $ $ 0 $ $ 0 $ 0 $ - 0 $ - 0 $ - Totals Total Eligiblo Project Cost $ 1,592,750 . $ 682,620 $2275,400 $ - $ $275,400 M 26 -31 Tier 2 Checklist Mandatory Application Items (check all items included in this package) _X_ Application (Parts 1 - 3) _N /A_ Environmental Document (if applicable) _N /A_ Preliminary Cooperative Agreement (if applicable) _X_ Project Cost Estimate _X_ Maps _X_ Design / Concept Drawing _X_ Digital Project Site Photos _X_ Project Schedule X Draft Resolution _X_ Applicable Exhibits (refer to Tier 2 Guidelines) 26 -32 ATTACHMENT A Organizational Chart 26 -33 4� F \I, City of Newport Beach- Public Works Department Environmental Section David Webb - Public Works Director I Pat Thomas - City Engineer Robert Stein - Assistant Attachment A ` 20 plus years of project management & water quality exp. " 20 plus years of project management & water quality exp. " 20 plus years of project management City Engineer & water quality exp. I John Kappeler - WQ Jim Auger - Operations " 15 plus years of PM & water quality exp. Manager Superintendent Shane Burckle - Water `20 plus years of maintenance and inspection exp. ` IS plus years of PM & water quality exp. Conservation Coord. Organizational Chart for the Big Canyon Treatment Wetland Project 26 -34 ATTACHMENT B Design Drawings 26 -35 Concept Design for Big Canyon Treatment Wetland at Jamboree Road 26 -36 i I Jamboree Wet Weather Flows -� Vegetated Submerged Bioretention Layer C; 18" Big 12" 12. Canyon Creek via Infiltration Big Canyon Creek Gallery Dry Weather Flows 36„ Bioreactor Layer ■ Treatment Soil ❑ Gravel Drainage Process Flow Diagram Wood Chip Big Canyon Creek Composite Layer Water Treatment Newport Beach, California Big Canyon Treatment Wetland Process Flow Diagram 26 -37 ATTACHMENT C Maps 26 -38 Map of Big Canyon (BC) Watershed and Drainage Area for Treatment Wetland. It will Capture and Treat Dry Weather Flows from the BC Watershed upstream of Jamboree Road (shown in red) 26 -39 Map of Big Canyon Treatment Wetland at Jamboree Road `. I �//.,n N' -w " "1 0 3W eCd aulaew'. E.��w..ur ir�unp ire vEanamee�enw. t y.. GI Fj 1� O w�wem w was u.�b.Wa m.. lI �� GIS Feet Map of Drainage Area on Jamboree Road that Flows Directly to the Big Canyon Treatment Wetland (shown in gray). The Wetland will Capture and Treat 100% of the Dry and Wet Weather Annual Runoff from Jamboree Road, Shown in Gray 26 -41 ATTACHMENT D Site Photos 26.42 Site Conditions at Big Canyon Treatment Wetland 26 -43 a. re torm Drain '" .� Inlet •.. •... Jamboree Road Disturbed Area at ' lr K� Project Site Conditions at Big Canyon Treatment Wetland 26 -44 ATTACHMENT E Operations & Maintenance Plan 26 -45 City of Newport Beach Public Works Department Best Management Practice Operation and Maintenance Plan DRAFT Operations and Maintenance Plan Big Canyon Treatment Wetland September 2013 26 -46 DRAFT Operations and Maintenance Plan Big Canyon Treatment Wetland Introduction The City of Newport Beach (City) is committed to achieving and maintaining the beneficial uses of the waterways within its jurisdiction, which includes establishing best management practices (BMPs) such as treatment wetlands to remove contaminants from receiving waters. The proposed Big Canyon Treatment Wetland (BCTW) would be located in the Big Canyon Watershed, which drains directly to the Upper Newport Bay Ecological Reserve. The BCTW is a constructed wetland that has been designed specifically to remove transportation - related contaminants (e.g., metals, nutrients, organics, bacteria) from two types of flow conditions: dry weather (ambient) flows from Big Canyon Creek and wet weather stormwater flows from the Jamboree Road drainage area (as well as a portion of the stormwater flows from Big Canyon Creek). To achieve this dual treatment function, a unique concept design has been established that includes the following components: curb inlet diversion structure and pump station, a bioretention and bioreactor cell, a vegetated submerged bed cell, and an infiltration trench gallery. The purpose of this document is to provide Draft Operations and Maintenance (O & M) plans ._and procedures_to_ maintain_ the _fun.cti.on.and..co.nta,minant_ removal_ efficiencies _of_the._BCT_W...... _, ..__... _. __. The O & M Plan was based on the Los Angeles County Department of Public Works (LACDPW) Stormwater BMP Design and Maintenance Manual for Stormwater Wetland Basins. Details of this Draft O & M Plan will be finalized upon completion of the final designs for the BCTW. Definition A stormwater wetland basin is a treatment system consisting of a sediment forebay and a permanent micro -pool with aquatic vegetation covering a significant portion of the basin. Stormwater wetland basins typically include components such as an inlet with energy dissipation, a sediment forebay for settling out coarse solids, and to facilitate maintenance, a base with shallow sections (1 to 2 feet deep) planted with emergent vegetation, deeper areas or micro pools (3 to 5 feet deep) , and a water quality outlet structure. The aquatic vegetation and the associated biological unit processes are a fundamental part of stormwater wetland basins. Therefore, it is critical that dry weather base flows exceed evaporation and infiltration losses to prevent loss of aquatic vegetation and to avoid stagnation and vector problems. In situations where dry weather flows are inadequate to support a wetland basin sized for the 26 -47 entire water quality design volume, an additional source of water may be needed during summer months. Otherwise, the wetland should be sized based on the available flow and the design should incorporate extended detention up to the water quality storm volume. It is important to note the difference between stormwater wetlands and wetlands that are constructed as part of mitigation requirements. Constructed mitigation wetlands are intended to provide fully functional habitat similar to the habitat they replace. Stormwater wetlands are a treatment BMP designed to capture and treat pollutants to protect receiving waters, including natural wetlands and other ecologically significant habitat. The accumulation of pollutants in sediment and vegetation of stormwater wetlands may impact the health of aquatic biota. As such, periodic sediment and vegetation removal within stormwater wetlands may be required. These maintenance activities may temporarily interrupt the use of stormwater wetlands by wildlife. The applications for stormwater wetlands include peak flow attenuation, volume reduction, and pollutant removal. The pollutant removal processes that occur in wetlands include sedimentation, filtration, plant uptake and storage, and microbially- mediated transformations. Other benefits provided by stormwater wetlands include opportunities for education and aesthetics. In theory, there are no limitations to the size of the tributary area to a stormwater wetland; however, stormwater wetlands are typically used for treating areas larger than 10 acres. Factors that favor the selection of stormwater wetlands over other kinds of BMPs include enhanced - treatment capability (including dry-weather flow- treatment), - aesthetics;- and- the -- - ability to mitigate large tributary areas. Factors that may limit the use of stormwater wetland basins include overly permeable soils and /or non - existent base flows, public acceptance with regards to the potential for vector infestation, large footprint to treated area ratios (up to 12% percent of tributary area, dependant on overall imperviousness of the tributary area) and high initial capital cost of implementation. General Constraints and Siting Considerations • Availability of base flows - stormwater wetlands require a regular source of water to support wetland biota • Slope stability - stormwater wetlands are not permitted near 2:1(H:V) slopes • Surface space availability - large footprint required • Compatibility with flood control - basins must not interfere with flood control functions of existing conveyance and detention structures Multi -Use Opportunities Provided adequate surcharge storage, a stormwater wetland may be combined with a flood control basin to provide both water quality control and peak flow control. Stormwater wetlands can also be designed with wildlife viewing areas and walking trails around the perimeter to provide passive recreation. Stormwater Wetland Basin Design Specifications Basin Sizing and Geometry 1. Stormwater wetland basins shall be sized to capture and treat the SUSMP volume (see A Manual for the Standard Urban Storm Water Mitigation Plan, LACDPW, September 2002 (or as amended)). If extended detention is included, then the extended detention volume must provide at least 12 hours detention of 20% of the water quality storm. 2. Stormwater wetlands should consist of at least two cells including a sediment forebay and a wetland basin. 3. The sediment forebay must contain between 10 and 20 percent of the total basin volume. 4. The depth of the sediment forebay should be between 4 and 8 feet. 5. One foot of sediment storage shall be provided in the sediment forebay. 6. The "berm" separating the two cells shall be uniform in cross - section and shaped such that its downstream side gradually slopes to the main wetland basin. 7. The top of the berm shall be either at the water quality design water surface or submerged 1 foot below the water quality design water surface, as with wetponds. Correspondingly, the side slopes of the berm must meet the following criteria: a) If the top of the berm is at the water quality design water surface, the berm side slopes shall be no steeper than 3:1(H:V). Ell 26 -49 b) If the top of berm is submerged 1 foot, the upstream side slope may be a max of 2:1 (H:V). 8. The wetland basin should be designed with a "naturalistic" shape and a range of depths intermixed throughout the wetland basin to a maximum of 5 feet. 9. The flowpath length -to -width ratio should be a minimum of 3:1, but preferably at least 4:1 or greater. Intent: a high flow path length to width ratio will maximize fine sediment removal. 10. The minimum freeboard shall be 2 feet above the maximum water surface elevation for online basins and 1 foot above the maximum water surface elevation for offline basins. 11. Wetland pools should be designed such that the residence time for dry weather flows is no greater than 7 days. Intent: Minimize vector and stagnation issues. Water Supply 1. Water balance calculations shall be provided to demonstrate that adequate water supply will be present to maintain a permanent pool of water during a drought year when precipitation is 50% of average for the site. Water balance calculations shall include evapotranspiration, infiltration, precipitation, spillway discharge, and nuisance flow (where appropriate). 2. Where water balance indicates that losses will exceed inputs, a source of water shall be provided to maintain the basin water surface elevation throughout the year. The water supply shall be of sufficient quantity and quality to not have an adverse impact on the stormwater wetland water quality. Soils Considerations 1. Stormwater wetland implementation in areas with high permeability soils ( >0.1 in /hr) requires liners to increase the chances of maintaining permanent pools and /or micro - pools in the basin. Liners can be either synthetic materials or imported lower permeability soils (i.e., clays). The water balance assessment should determine whether a liner is required. The following conditions can be used as a guideline. 26 -50 a) The wetland basin must retain water for at least 10 months of the year. b) The sediment forebay must retain at least 3 feet of water year- round. Many wetland plants can adapt to periods of summer drought, so a limited drought period is allowed in the wetland basin. This may allow for a soil liner rather than a geosynthetic liner. The sediment forebay must retain water year -round for presettling to be effective. 2. If low permeability soils are used for the liner, a minimum of 18 inches of native soil amended with good topsoil or compost (one part compost mixed with 3 parts native soil) must be placed over the liner. If a synthetic material is used, a soil depth of 2 feet is recommended to prevent damage to the liner during planting. Buffer Zone 1. A minimum of 25 feet buffer shall be provided around the top perimeter of the stormwater wetland. Energy Dissipation 1. The inlet to the stormwater wetland shall be submerged with the inlet pipe invert a minimum of 2 feet from the pond bottom (not including sediment storage). The top of the inlet pipe should be submerged at least 1 foot, if possible. Intent: The inlet is submerged to dissipate energy of the incoming flow. The distance from the bottom is set to minimize resuspension of settled sediments. Alternative inlet designs that accomplish these objectives are acceptable. 2. Energy dissipation controls must also be used at the outlet from the stormwater wetland unless the basin discharges to a storm drain or hardened channel. 3. The type and design of the energy dissipation structure will be determined from consultation with the appropriate City departments. Vegetation The wetland cell shall be planted with emergent wetland plants following the recommendations of a wetlands specialist. 26 -51 Outlet Structure and Spillway 1. An outlet pipe and outlet structure shall be provided. The outlet pipe may be a perforated riser strapped to a manhole or placed in an embankment, suitable for extended detention, or may be back - sloped to a catch basin with a grated opening or manhole with a cone grate (birdcage). The grate or birdcage openings provide an overflow route should the basin outlet pipe become clogged. 2. The wetland outlet pipe shall be sized, at a minimum, to pass flows above the water quality design peak flow for off -line basins or flow from the capital storm for on -line basins. 3. Spillways shall meet the California Department of Water Resources, Division of Safety of Dams Guidelines for the Design and Construction of Small Embankment Dams (http: / /damsafety. water. ca. gov /docs /GuidelinesSmallDams.pdf). Online Basins 1. Online basins must have an emergency overflow spillway to prevent overtopping of the walls or berms should blockage of the riser occur based on a downstream risk assessment. 2. The overflow spillway must be sized to pass flow from the capital storm. Offline Basins 1. An emergency overflow spillway or an emergency overflow riser must be provided. The emergency overflow must be designed to pass the SUSMP peak flow, with a minimum of 2 feet of freeboard, directly to the downstream conveyance system or another acceptable discharge point. Where an emergency overflow spillway would discharge to a steep slope, an emergency overflow riser, in addition to the spillway shall be provided. 2. The emergency overflow spillway shall be armored to withstand the energy of the spillway flows. The spillway shall be armored full width, beginning at a point midway across the berm embankment and extending downstream to where emergency overflows reenters the conveyance system. 26 -52 Side Slopes 1. Interior side slopes up to the emergency overflow water surface shall be no steeper than 3:1(H:V), unless stabilization has been approved by a licensed geotechnical engineer. 2. Exterior side slopes shall be no steeper than 2:1 (H:V), unless stabilization has been approved by a licensed geotechnical engineer. 3. For any slope (interior or exterior) greater than 2:1(H:V) a geotechnical report must be submitted and approved by the County's Geotechnical and Materials Engineering Division. Embankments 1. Embankments are earthen slopes or berms used for detaining or redirecting the flow of water. 2. The minimum top width of all berm embankments shall be 20 feet, or as approved by the geotechnical engineer and the City. 3. Basin berm embankments must be constructed on native consolidated soil (or adequately compacted and stable fill soils analyzed by a licensed geotechnical engineer) free of loose surface soil materials, roots, and other organic debris. 4. Earthworks shall be in accordance with the appropriate municipal codes and specifications. 5. Basin berm embankments greater than 4 feet in height must be constructed by excavating a key equal to 50% of the berm embankment cross - sectional height and width. This requirement may be waived if specifically recommended by a licensed geotechnical engineer. 6. The berm embankment shall be constructed of compacted soil (95% minimum dry density, modified proctor method per ASTM D1557), placed in 6 -inch lifts. 7. Low growing native perennial grasses shall be planted on downstream embankment slopes. See the Vegetation Management on Embankment Dams of Public Works' Debris Control Facilities, Attachment B, for a recommended plant list. 26 -53 Fencing Safety is provided by fencing of the facility. 1. Fences shall be designed and constructed in accordance with the appropriate City codes and ordinances and must be located at or above the overflow water surface elevation. Shrubs (City- approved, California- adapted species) can be used to hide the fencing. Right -of -Way 1. Wetland basins and associated access roads to be maintained by the City shall provide appropriate access to other municipalities and agencies. Maintenance Access Maintenance access road(s) shall be provided to the control structure and other drainage structures associated with the basin (e.g., inlet, emergency overflow or bypass structures). Manhole and catch basin lids must be in or at the edge of the access road. — ° An access ramp is required for removal of sediment with a backhoe or loader and truck. The ramp must extend to the basin bottom to avoid damage to vegetation planted on the basin slope. Access roads shall meet the following design criteria: 1. All access ramps and roads shall be paved with a minimum of 3 inches of concrete over 4 inches of crushed aggregate base material. This requirement may be modified depending on the soil conditions and intended use of the road at the discretion of the City. 2. Maximum grade shall be 125% unless otherwise approved by the Department. 3. Centerline turning radius shall be 40 feet, minimum. 4. Access roads less than 500 feet long shall have 12 feet wide pavement within a minimum 15 feet wide bench. Access roads greater than 500 feet long shall have 16 feet wide pavement within a minimum 20 feet wide bench. 26 -54 5. All access roads shall terminate with turnaround areas of 40 feet by 40 feet. A hammer type turn around area or a circle drive around the top of the facility is also acceptable. 6. Adequate double -drive gates and commercial driveways are required at street crossings. Gates should be located a minimum of 25 feet from the street curb except in residential areas where the gates may be located along the property line provided there is adequate site distance to see oncoming vehicles at the posted speed limit. Landscaping Outside of the Facility Site landscaping is required and must adhere to the following criteria so as not to hinder maintenance operations: 1. No trees or shrubs may be planted within 10 feet of inlet or outlet pipes or man -made drainage structures such as spillways, flow spreaders, or earthen embankments. Species with roots that seek water, such as willow or poplar, shall not be used within 50 feet of pipes or manmade structures. Weeping willow (Solix babylonica) should not be planted in or near detention basins. 2. Prohibited non - native plant species will not be permitted. For more information on invasive weeds, including biology and control of listed weeds, look at the 11 encycloweedia" located at the California Department of Food and Agriculture website at http: / /www.cdfa.ca.gov /wma or the California Invasive Plant Council website at http : / /portal.cal- ipc.org /weedlist Restricted Construction Materials The use of treated wood or galvanized metal anywhere inside the facility is prohibited. The use of galvanized fencing is permitted if in accordance with the fencing requirement above. Stormwater Wetland Basin Maintenance Standards General Requirements Maintenance is critical if stormwater wetland basins are to function as originally designed. A specific maintenance plan will be developed for the BCTW when the final design has been 26 -55 completed, outlining the schedule and scope of maintenance operations, as well as the documentation and reporting requirements. The following are general maintenance requirements: 1. The stormwater wetland basin should be inspected annually and inspections after major storm events are encouraged (wetland basin inspection and maintenance checklists will be developed specifically for the BCTW). Trash and debris should be removed as needed, but at least annually prior to the beginning of the wet season. 2. Site vegetation should be maintained as frequently as necessary to maintain the aesthetic appearance of the site and to prevent clogging of outlets, creation of dead volumes, and barriers to mosquito fish to access pooled areas, and as follows: Vegetation, large sluubs, or trees that limit access or interfere with basin operation should be pruned or removed. Slope areas that have become bare should be revegetated and eroded areas should be regraded prior to being revegetated. Invasive vegetation, such as Alligatorweed (Alternanthera philoxeroides), Halogeton ( Halogeton glomeratus), Spotted Knapweed (Centaurea maculosa), Giant Reed (Anmdo donax), Castor Bean (Ricinus communis), Perennial Peppeweed (Lepidium latifolium), and Yellow Starthistle (Centaurea solstitalis) must be removed and replaced with noninvasive species. Invasive species should never contribute more than 25% of the vegetated area. For more information on invasive weeds, including biology and control of listed weeds, look at the "encycloweedia" located at the California Department of Food and Agriculture website at: littp: / /www.edfa.ca.gov /wma, or the California Invasive Plant Council website at: http : / /portal.cal- ipe.org/weedlist. Dead vegetation should be removed if it exceeds 10% of area coverage. This does not include seasonal die -back where roots would grow back later in colder areas. Vegetation should be replaced immediately to maintain cover density and control erosion where soils are exposed. 3. Sediment buildup exceeding 6 inches over the storage capacity in the first cell should be removed. Sediments should be tested for toxic substance accumulation in compliance with current disposal requirements visual or olfactory indications of 10 26 -56 pollution are noticed. If toxic substances are encountered at concentrations exceeding thresholds of Title 22, Section 66261 of the California Code of Regulations, the sediment must be disposed of in a hazardous waste landfill. 4. Following sediment removal activities, replanting and /or reseeding of vegetation may be required for reestablishment. Maintenance Standards A summary of the routine and major maintenance activities recommended for the BCTW is shown in Table 1. Detailed routine and major maintenance standards listed in Table 2 and Table 3 are intended to be measures to determine if maintenance actions are required as identified through inspection. They are not intended to be measures of the facility's required condition at all times between inspections. These tables will be updated when the final design for the BCTW has been completed. Table 1. Wetland Basin Routine and Major Maintenance Guide Inspection and Maintenance Activities Summary Removal trash and debris w • Remove minor sediment accumulation near inlet and outlet structures Q t) • Stabilize /Repair eroded banks and fill in animal burrows if present • Remove any evidence of visual contamination from floatables such as oil and grease :3 a; • Eliminate pests and conditions suitable for creating ideal breeding habitat o • Install or repair pond liner to ensure that first cell maintains a permanent pool • Remove algae mats as often as needed to prevent coverage of more than 20% of pond surface • Mow berms routinely if applicable to maintain aesthetic appeal and to suppress weeds Remove dead, diseased, or dying trees and woody vegetation that interfere with facility d maintenance. c • Correct problems associated with berm settlement • Repair berm /dike breaches and stabilize eroded parts of the berm • Repair and rebuild spillway as needed to reverse the effects of severe erosion • Remove sediment build up in forebay and main basin area to restore original sediment R holding capacity `o • Regrade main basin bottom to restore bottom slope and eliminate the incidence of •R standing pools - Aerate compacted areas to promote infiltration if volume reductions are desired • Repair or replace gates, fences, flow control structures, and inlet/outlet structures as needed to maintain full functionality FFI 26 -57 Table 2. Routine Maintenance Standards — Stormwater Wetland Basins Defect Conditions When Maintenance Results Expected When Frequency Is Needed Maintenance Is Performed Any trash and debris which exceed 5 cubic feet per 1,000 sf of pond area (one standard garbage can). In general, there should be no visual evidence of dumping. If less than threshold Trash & all trash and debris will be Trash and debris cleared from Debris removed as part of next site. scheduled maintenance. If trash and debris is observed blocking or partially blocking an outlet structure or Inhibiting flows between cells, it should be removed quickly Annually prior Sediment accumulation in basin to wet season Sediment bottom that exceeds the depth After major storm events Accumulate plus of sediment zone p 6 Inches in the sediment plus 6 If Sediment cleaned out. (>0.75 in /24 on sediment is blocking an inlet or hrs) if spot outlet it should be removed. checks of Slopes should be stabilized some basins Erosion Erosion of basin side slopes using appropriate erosion Indicate widespread and /or scouring of basin bottom. control measure(s) and repair damage/ methods. Oil Sheen maintenance on Water Prevalent and visible oil sheen. No oil sheen present. needs Visual observations or receipt of complaints of numbers of pests Noxious that would not be naturally Vectors controlled per local Pests occurring and could pose a standards. threat to human or aquatic health. Line the first cell to maintain at least 4 feet of water. The first Water First cell empty, doesn't cell must remain full to control Level holdwater. turbulence of the incoming flow and reduce sediment resuspension. Minor vegetation removal and Aesthetics thinning. Mowing berms and Facility is well kept. Monthly (or surroundings as dictated by Eradicate all noxious weeds; agreement control and prevent the spread between City Noxious . of all noxious weeds Use and Weeds Any evidence of noxious weeds. Integrated Pest Management landscape techniques, if applicable. See contractor) http://www.ipm.ucdavis.edu/for more Information. WA 26 -58 Table 3. Major Maintenance Standards — Stormwater Wetland Basins Defect Conditions When Maintenance Results Expected When Maintenance Is Frequency Is Needed Performed Tree growth does not allow maintenance access or interferes Trees do not hinder with maintenance activity (i.e., maintenance activities. slope mowing, silt removal, Remove dead, diseased, Tree Growth vactoring, or equipment or dying trees. (Use a movements). If trees are not certified Arborist to interfering, do not remove. Dead, determine health of tree diseased, or dying trees should or removal requirements) be removed. If settlement is apparent. Settling can be an indication of more severe problems with the berm or Settling of outlet works. A geotechnical Dike is built back to the Berm engineer should be consulted to design elevation. determine the source of the settlement if the dike /berm is serving as a dam. Discernable water flow through Annual or as basin berm. Ongoing erosion with needed Piping potential for erosion to continue. Piping eliminated. Erosion (infrequent) through Berm A licensed geotechnical engineer potential resolved and After major should be called in to inspect and berm stability achieved. storm events evaluate condition and (>0.75 recommend repair of condition. in /24hrs) if spot Trees and large shrubs checks of some should be removed. All basins indicate dead roots should be widespread removed if practical. damage/ Otherwise, dead roots maintenance should be removed to a needs. Tree and Tree and large shrub growth on minimum of 36 inches Large Shrub downstream slopes of below grade and replaced Growth on embankments may prevent with cement grout to 12 Downstream Inspection and provide habitat for inches below grade. The Slope of burrowing rodents. top 12 Inches of the root Embankments holes should be filled with compacted, in -situ soils. The area facility engineer may require additional root removal if necessary for dam safety or maintenance purposes. Erosion on Rock is missing and soil is Rocks and pad depth are Spillway exposed at top of spillway or restored to design outside slope. standards. Gate /Fence Damage to gate /fence, Including Gate /Fence repaired. Damage missing locks & hinges 13 26 -59 Monitoring The City will perform all necessary work to monitor the BCTW to demonstrate compliance with the success criteria established and described within this document. A separate sampling and analysis plan (SAP) will be prepared after the final design for the BCTW is complete. Annual Monitoring Reports will be prepared by the City and be available for review. Analytical sampling and testing shall be performed in accordance with accepted testing methods and approved testing laboratory specified in the SAP. The Monitoring Reports shall contain, at a minimum, the following information: • Name of Systems • Date of Report • Date of Monitoring • Name of Monitoring Professional • Analytical sampling and testing data to assess compliance with success criteria • Any noted alterations, impacts, surface water quality changes, apparent new attributes or indicators (positive or negative) which suggest significant change has occurred or might occur in the future • Any water pollution events such as reported spills and cleanup activities • Estimated plant species diversity, coverage, and plant community changes • Any noted wildlife activity on date of monitoring site • Any noted human impacts such as dumping or vandalism Long Term Management The City will maintain the BCTW as a quality, ecologically sound wetland and will be responsible to manage the BCTW for a period of 20 years in accordance with the terms of the long -term management plans. The City will use the BCTW in accordance with the following long -term management plan and to maintain the BCTW as functioning wetlands. In this capacity, allowable uses for the CWTS include: • Irrigation water • Ecological and educational laboratory • Water quality monitoring "facility" • Ecological monitoring "facility" • Marketing, promotional or demonstration example • Limited plant materials and aquatic resources harvesting location In any of these uses, public pedestrian (including that to accommodate the Americans with Disabilities Act or ADA) access will be allowed. As the science of wetlands and the maintenance of wetland systems continue to evolve, alterations in the long -term management plans may be anticipated. It will be the responsibility of the City to make any alterations. 14 26 -60 Report and Record Keeping The City will submit produce regular reports (frequency to be determined) describing the conditions of BCTW and relating those conditions to the success criteria. The reports will contain the following: • Topographical map and as -built plans showing location of the BCTW • Narrative summarizing the condition of the BCTW and all regular maintenance activities showing location of sampling plots, permanent photo points, location of transects, etc. • Results of vegetation survey including visual estimates of % overall cover and % cover by vegetation survey layer, species diversity, % exotic vegetation in each vegetation layer, survival rate of planted vegetation, an estimate of natural revegetation, a measure of the relative percentages of indicator status species groupings, and plant vigor as measured by evidence of reproduction. • Status of success criteria as noted in the Final Construction Plans and Specifications. • Results of analytical sampling and testing other surveys such as bird, macroinvertebrate, amphibian, reptile, and mammal surveys that may be done incidentally or by others (when results are provided). As -built reports will be generated at the conclusion of the construction of each phase of the development. These reports will confirm any changes that were required as a result of construction needs. 20 -Year Maintenance and Inspection Plan Regular maintenance is critical to the successful operation of the BCTW. Recommended operation and maintenance guidelines include: • Inspections and maintenance to ensure that water infiltrates into the subsurface completely (recommended infiltration rate of 72 hours or less) and that vegetation is carefully managed to prevent creating mosquito and other vector habitats. Observe drain time for the design storm after completion or modification of the facility to confirm that the desired drain time has been obtained. 1s 26 -61 • Schedule semiannual inspections for beginning and end of the wet season to identify potential problems such as erosion of the basin side slopes and invert, standing water, trash and debris, and sediment accumulation. • Remove accumulated trash and debris in the basin at the start and end of the wet season. • Inspect for standing water at the end of the wet season. ■ Trim vegetation at the beginning and end of the wet season to prevent establishment of woody vegetation and for aesthetic and vector reasons. If erosion is occurring within the basin, revegetate immediately and stabilize with an erosion control mulch or mat until vegetation cover is established. ■ To avoid reversing soil development, scarification or other disturbance should only be performed when there are actual signs of clogging, rather than on a routine basis. Always remove deposited sediments before scarification, and use a hand - guided rotary tiller, if possible, or a disc harrow pulled by a very light tractor. These criteria will be updated when the final design for the BCTW is complete. 10 26 -62 ATTACHMENT F Supplemental Calculations 26 -63 BIG CANYON TREATMENT WETLAND DRY WEATHER FLOW CALCULATIONS PACKAGE SUPPLEMENT A. Proposed BMP Technologies The following BMP technologies are proposed to treat both Dry and Wet Weather flows: 1. Big Canyon Creek Diversion System at MacArthur Road; to be implemented by April 2014. 2. Big Canyon Creek Watershed irrigation conservation program; to be implemented over the next several years. 3. Big Canyon Creek Stormwater Treatment System (BCSTS) at Jamboree Road will include: a. Stormwater diversion structure and inlet at Jamboree Road b. Big Canyon Creek diversion structure and pump station downstream Jamboree Road c. Primary treatment 3 -cell concrete inlet vault d. 0.3 acre 2 -tier Bioretention and Bioreactor Treatment Cell e. 0.2 acre 1 -tier Vegetated Submerged Bed Wetland Treatment Cell f. Infiltration trench and stream recharge gallery B. Dry Weather Flow - Big Canyon Creek at Jamboree Road The following table and foot notes provide information concerning the rate and volume of flows that will be mitigated at Big Canyon Creek downstream from Jamboree Road crossing: Dry Weather Flow Mitigation — Big Canyon Creek at Jamboree Road Condition 'Flow (cfs) Duration (days)' Base Flow ( %) Volume (MG) Basel 0.420 183 100 49.7 Diversion 0.105 183 25 12.4 Treatment4 0.071 183 17 8.4 Total Mitigations 0.176 183 42 20.8 ' Duration of Dry and Wet Weather conditions are fairly evenly distributed 6 months during the year from May through September and October through April each year. Dry Weather events also occur intermittently during periods of Wet Weather. Dry Weather flow that occurs during Wet Weather periods of flow are estimated to occur approximately 50 percent of the time and are included in the calculations for Wet Weather conditions. 2 Dry Weather base flow obtained from 'Big Canyon Watershed Selenium Source Identification Study ", Weston Solutions, Inc., May 2013. 3The City has developed plans to divert an estimated 25 percent of the base flow at two locations located downstream MacArthur Blvd. The current schedule proposes installation of the diversion system by April 2014. 26 -64 4 The proposed BCSTS project, that is the subject of this grant application, would provide diversion, treatment, and return of a portion of the Dry Weather flow in Big Canyon Creek downstream at Jamboree Road stream crossing. The diversion and pumping component is designed for 32 gpm. It has the capacity to remove approximately 46,100 gallons per day of Dry Weather flow from Big Canyon Creek for treatment at the 3 -cell vault, 0.3 acre Bioretention and Bioreactor Cell, and 0.2 acre Vegetated Submerged Bed Wetland Cell. Operation of the system for the 183 day Dry Weather period would remove and treat approximately 8.4 MG of flow per year. The majority of the treated flow would be returned to Big Canyon Creek with some losses due to evapo - transpiration. The BCSTS would also provide 100 percent diversion and treatment of the Wet Weather flows from approximately 7.0 acres drainage of Jamboree Road and a portion of the Wet Weather flow from Big Canyon Creek. Wet Weather calculations are included in the Wet Weather Section. sThree major forms of mitigation of stream flows were considered: Long term irrigation system improvements and conservation which will occur over many years; long term stream diversion which includes diverting a portion of the base channel flow at MacArthur Blvd. in 2014; and the BCSTS which will divert, treat, and return a portion of the stream channel flow at Jamboree Road. None of these measures have yet occurred. The impact of the long term irrigation system improvements have not yet been determined; therefore, the have not been included as mitigation at this time. The total mitigation includes the "Diversion" condition proposed at MacArthur Blvd and the "Treatment" condition proposed by the BCSTS. 26 -65 ATTACHMENT G Resolution 26.66 RESOLUTION NO, 2013-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING AND SUPPORTING THE SUBMISSION OF A GRANT PROPOSAL FOR FUNDING UNDER THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) ENVIRONMENTAL CLEANUP, TIER 1 AND TIER 2 GRANT PROGRAM. WHEREAS, the Orange County Local Transportation Ordinance No. 3, dated July 24, 2006, known and cited as the Renewed Measure M Transportation Ordinance and Investment Plan, has announced funding available through the Environmental Cleanup Program to help protect Orange County beaches and waterways from transportation generated pollution (urban runoff) and Improve overall water quality; and WHEREAS, the Environmental Cleanup, Tier 1 Grant Program consists of funding to purchase and install catch basin Best Management Practices (BMPs), such as screens, filters, inserts, trash collection devices and other "street- scale" low flow diversion projects; and WHEREAS, the Environmental Cleanup, Tier 2 Grant Program consists of funding to purchase and install large scale BMPs, such as trash collection devices, constructive wetlands, infiltration basins and low flow diversion projects; and WHEREAS, the Orange County Transportation Authority has established the procedures and criteria for reviewing proposals; and WHEREAS, the City of Newport Beach has developed a targeted program to reduce transportation generated pollution and improve water quality; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES RESOLVE AS FOLLOWS: Section 1. The City Council has reviewed and supports the proposal, and hereby authorizes the City Manager or his designee to submit the proposal. 26 -67 Section 2. The City of Newport Beach is capable of providing the amount of funding and/or in -kind contributions, specified in the funding plan and agrees to provide necessary funding and /or in -kind contributions if awarded a grant. Section 3. If awarded a grant, the City Council (at a future meeting) will decide to accept the funds and work with OCTA to meet established deadlines. Section 4. This resolution shall become effective immediately upon its passage and adoption. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted at a Regular Meeting of the City Council of the City of Newport Beach on this 23'd day of April, 2013. Keith D. Curry Mayor Leilani E. Brown, City ClerkM. ..: STATE OF CA41FORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, leilanl 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2033 -36 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 23 "d day of April, 2013' and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 2e day of April, 2013. Q 6 S. C(ty Clerk Newport Beach, California (Seat) 26 -69 EXHIBIT B 26 -70 COOPERATIVE AGREEMENT FOR SANTA ANA DELHI CHANNEL DIVERSION PROJECT This Agreement is made and entered into this day of 1 1 2013, by and between the CITIES OF SANTA ANA "Santa Ana ", NEWPORT BEACH "Newport Beach ", COSTA MESA "Costa Mesa ", and COUNTY OF ORANGE Flood Division "Flood Division" hereafter "Project Partners ". RECITALS A. WHEREAS, the construction of the Santa Ana treat and divert upstream dry weather flows o;; of a storm event, as detailed per; Ana De f Report Addendiun No. 2 dated August 21, 2�Q B. WHEREAS, the treatment process mill provide C. WHEREAS, the diverted flow D. WHEREAS, Santa Ana has been aA approximately 55% of the project ` construction costs up to $2 57Lmi11ion; t E. WHEREAS, the rernarnng funding for and construction shall be- tiortioned -ner. 0 I Project "Project" will and treat the first flush ect Preliminary Design of trash, deb`s -and sediment; for the adjacent golf course; A Measure M2 grant that will fund ign, construction management, and design, construction managernent, 1. Santa Ana will manage Aht. Project` which includes the preparation of the construction documents, obtaining the enVrrpnmentar clearance, permits, and approval, acquiring the right - of -way, and administering th&l,Measure M2 grant. 2. Santa. Ana will supercnse the °construction of the Project within the established budget and time frame, and shall implement and complete the Project under guidelines and requirements established by OCTA, Flood Division, Orange County Parks, John Wayne Airport, Newport Beach Golf Course, and resource agencies having jurisdiction, and will follow all public bid and contract procedures. 3. The terms of this Agreement shall cover the administrative responsibilities of the parties with regard to the Project, but not the actual construction of the Project itself, although Santa Ana will cause the construction to be completed. 4. Project Partners shall review the construction documents and sign the approved drawings within 15 working days of receipt, which includes the construction drawings, contract specifications and engineer's construction cost estimate, prior to advertising the Project for construction. Santa Ana Delhi Diversion Project Cooperative Agreement Page 1 of 6 } 1 26 -71 5. In the event of a significant design change to the Project, the Project Partners shall review and provide comments within five working days. Failure to provide comments with the five workings days shall deem approval. 6. The remaining funds required for project management, design, construction management, and construction shall be cost shared between the Project Partners as shown in Attachment A. 7. The maintenance of the facility and the costs shall be borne 8. Funds for the project, as established per the cost share prior to award of the construction contract. -4 9. The design and construction progress Project Partners on a monthly basis. 10. Project Partners .shall approve all section 5 above, prior to Santa Ana 11. Santa Ana shall provide notice- inspection and a site walk prior to 12. For the purposes of Contract for the Prod conditioned under: a=d 13. Santa Ana shall for the Protect- 14. The following staff Director of the_Citie respect to this7Agt_ee to each representatii Flood Division. modification shall be paid to Santa Ana by Santa Ana to the other as set forth in Project ParYriers and schedule a final construction i Notice of Completion for the project. Provisions Proposal and e responsibilities will be sultants andAhe construction contractors hired by Santa Ana lured msuranee coverage for design and construction of the be i —"As additionally insured parties in the Construction or as atherwise designated in writing by the Public Works the selected representatives to act on their City's behalf with notices, requests, approvals, or communications shall be given Santa Ana Tyrone Chesanek Newport Beach Costa Mesa Patrick Bauer Flood Division Dave Webb Kevin Onuma PW Agency PW Director Public Services Dept. Manager 20 Civic Center Plaza PW Department 77 Fair Drive OC Public Works M -22 100 Civic Center Costa Mesa, CA 300 N. Flower St. P.O. Box 1988 Drive 92626 Suite 720 Santa Ana, CA 92802 Newport Beach, CA (714) 754 -5633 Santa Ana, CA 92703 (714) 647 -5045 92660 (714) 647 -3939 (949)644 -3311 Santa Ana Delhi Diversion Project Cooperative AgreernTt 1 Page 2 of 6 i I 26 -72 15. Each of the parties agrees to do all things in a timely manner reasonably necessary or convenient to carry out the spirit, intentions and objectives described in this Agreement whether or not expressly prescribed herein and no consent, agreement, approval, concrurence, decision, detennination or action shall be unreasonably withheld by either party. 16. All unresolved disputes arising out of this Agreement shall be resolved through voluntary mediation or as otherwise designated in writing by each of the Cities' City Managers. 17. Santa Ana shall indemnify, defend, save and hold harmless Newport Beach, Costa Mesa, and the County of Orange, its City Councils, Boar o t'Supervisors, officers, and employees from and against any and all loss, damages, lnal Ii y; -c ms, suits, costs and expenses for damages of any nature whatsoever, including but ndfllg mited to, bodily injury, death, personal injury, property damages, or an �th'er claims caused by the willful actions or active negligence of Santa Ana, its empl'tiyees, or agent'%`, the performance of its obligations pursuant to this Agreemer� and shall include fees and other reasonable costs incurred in defending anyyt oh claim. _ 18. Newport Beach shall indemni and County of Orange, its C from and against any and all damages of any nature wha personal injury, pf afro ;dai active negligei ce_of Newpol obligations puryuant to this reasonable costs mcirred in a' 19. against of any active negligence of CI obligations - ffl§uant to reasonable costs- sicurred save andEflbld harmless Santa Ana, Costa Mesa, Board °o = Supervisors, officers, and employees es,_ habnlntya claims, suits, costs and expenses for u j ng,,,,but not limited to, bodily injury, death, y other claims caused by the willful actions or employees; or agents in the performance of its , and shall rriclude attorneys' fees and other `such claim. defend, sate and =,hold harmless Santa Ana, Newport Beach, City Councils; Board of Supervisors, officers, and employees loss, damages liability, claims, suits, costs and expenses for tsoeuer, including, but not limited to, bodily injury, death, pages; _"or any other claims caused by the willful actions or Mesa, its employees, or agents in the performance of its Agreement, and shall include attorneys' fees and other - fending any such claim. 20. County of Orange shall = indemnify, defend, save and hold harmless Costa Mesa, Santa Ana, and Newport Beach, its City Councils, officers, and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims caused by the willful actions or active negligence of Costa Mesa, its employees, or agents in the performance of its obligations pursuant to this Agreement, and shall include attorneys' fees and other reasonable costs incurred in defending any such claim. 21. This Agreement represents the entire understanding of the parties as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. This Agreement shall be governed Santa Ana Delhi Diversion Project Cooperative Agreement Page 3 of I 1 1 26 -73 by and construed in accordance with the laws of the State of California, and construed as if drafted jointly by Santa Ana, Newport Beach, Costa Mesa, and County of Orange. This Agreement may be amended at any time by the mutual consent of the parties; only by an instrument in writing. 22. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. This Agreement shall be made effective upon f until the Project construction is complete or both IN WITNESS WHEREOF, Santa Ana, Newp caused this Agreement to be executed by respectfully, on this day of APPROVED AS TO FORM: By: City Attorney and shall remain in effect e it. Costa Mesa andunty of Orange have authgrazed offiedelptl representatives, BEACH Keith D. Curry, Mayor City Clerk APPROVED AS TO FORM: By: City Attorney Santa Ana Delhi Diversion Project Cooperative Agreement Page 4 of 6 I 26 -74 I CITY OF COSTA MESA By: Jim Righeimer, Mayor By: City Clerk APPROVED AS TO FORM: In City Attorney COUNTY OF ORANGE By: County Supervisor Santa Ana Delhi Diversion Project Cooperative Agreement IFWE Signatures Page 5 of 6 26 -75 w ry d 5 d rn ro o, m n n 0 m w rn rn a n ro w ao rn a 0 M c� 15- Jan -15' Santa Ana Delhi Channel Fund ing,Analysis /gudget a H x t�rJ z i 26 -76 Newport' Total Estimated. Measure M Beach Santa Santa Ana Costa Mesa Orange IRWD' contributions Cost Project Management (Administration, Grant Application) $20,000 $40,000 $60,060 $100;000 Design (Engineering, Environmental, Permits, Right -of Way)(Assumes No Cost for Land) $370,000 $40,000 $40,000 $450,000 _ $34Q000 Construction Management (Administration, Inspetion, Survey, Testing) $100,b00 $415,006 $20,000 $535,000 $515000 Construction $2,070,000 $1,480,000 $1,150,000 $4,700,000 $5,646,000 Project Contigency $375,000 $190,000 $565,000 $565,000 20 Year Maintenance 1 $225,840 TOTALI $2,570,0001 $1,500,0001 $1,900,0001 $0 $1,400,0001 $0 $7,370,0001 $7,391,840 a H x t�rJ z i 26 -76 ATTACHMENT B 26 -77 � , • J ... z. r f / n 1 ,. Nw ATTACHMENT C iKn'1Y! AYI. 4% ! �•� Santa Ana /Delhi Channel Delhi Channel Project - OV Santa Ana Delhi Regional Project Location Map CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 01/27/2015 26 -78