HomeMy WebLinkAbout08 - Dry Weather Urban Runoff Discharges from Big Canyon Creek to Sanitary SewerApril 25, 2017
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Bob Stein, Assistant City Engineer, rstein@newportbeachca.gov
PHONE: 949-644-3322
TITLE: Approval of Amendment No. One to Agreement with Orange County
Sanitation District (OCSD) for Dry Weather Urban Runoff
Discharges from Big Canyon Creek to Sanitary Sewer
ABSTRACT:
Execution of Amendment No. One (Attachment A) to the existing agreement with OCSD
will allow operation and maintenance per OCSD requirements of two City -owned sewer
diversion facilities (Attachment B) that divert dry weather runoff from Big Canyon Creek
into the sanitary sewer.
RECOMMENDATIONS:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or
indirectly;
b) Approve Amendment No. One to the Dry Weather Urban Runoff Discharge
Agreement with OCSD (Amendment) to allow operation and maintenance of two
dry -weather diversions from Big Canyon Creek to the sanitary sewer; and
c) Authorize the City Manager and City Clerk to approve future Amendments to the Dry
Weather Urban Runoff Discharge Agreement.
FUNDING REQUIREMENTS:
There is no funding requirement for executing Amendment. Operation and maintenance
cost for the two dry weather urban runoff diversions is estimated at $1,500 annually and
would be funded through existing maintenance budgets. Required monitoring costs are
funded under the CIP Storm Drain and Water Quality Improvements program budget for
the first year. Ongoing monitoring expenses need to be included in future Public Works
operating budgets for Water Quality/Environmental Services.
8-1
Approval of Amendment No. One to Agreement with Orange County Sanitation District
(OCSD) for Dry Weather Urban Runoff Discharges
from Big Canyon Creek to Sanitary Sewer
April 25, 2017
Page 2
DISCUSSION:
Big Canyon Creek carries high concentrations of natural occurring selenium that
exceeds water quality standards and potentially poses a hazard to fish in the creek and
birds that forage in the creek. The City has implemented projects at two points along the
creek to divert dry weather flows containing high concentrations of selenium to the
sanitary sewer. One diversion is located in Big Canyon Creek just downstream of
MacArthur Boulevard adjacent to the 11th Fairway within the Big Canyon Golf Course,
and the second diversion is located in Big Canyon Creek just downstream of Jamboree
Road in the Big Canyon Preserve.
As these diverted flows ultimately enter OCSD treatment facilities, OCSD will accept
these flows if the discharge occurs in strict accordance with its Dry Weather Urban
Runoff Policy. Policy provisions require the City to maintain the diversions in good
working order during the dry season and to shut the diversions down during rain
events. The policy also requires the City to investigate ways to reduce diversion flows.
Per Amendment, the City must apply for a no -fee Wastewater Discharge Permit, which
will require the City to periodically monitor flow rates and flow constituents. The
amendment further allows OCSD to assess fees in the future at its discretion while
acknowledging its intent to waive fees for authorized discharges.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 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, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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:
Attachment A — Amendment No. One to the Dry Weather Urban Runoff Discharge
Agreement with OCSD
Attachment B — Location of Points of Diversion
AMENDMENT NO. ONE
TO
AGREEMENT FOR DRY WEATHER URBAN RUNOFF DISCHARGE
(BIG CANYON)
THIS AMENDMENT NO. ONE ("Amendment No. One") is made and entered into
as of this day of , 2017 (the "Effective Date") by and between the
ORANGE COUNTY SANITATION DISTRICT, a county sanitation district ("OCSD"), and
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("CITY").
On December 9, 2014, OCSD and the CITY entered into an Agreement for Dry
Weather Urban Runoff Discharge (Big Canyon) ("Agreement"). All initially capitalized but
undefined terms in this Amendment will have the meanings ascribed to them in the
Agreement.
The Agreement contains provisions for the CITY's discharge of urban runoff from
the Big Canyon Drainage Area to OCSD's Sewerage System to meet water quality
objectives promulgated by the USEPA for selenium in the waters of the Newport Bay.
To further improve the water quality of the Newport Bay, the CITY proposes to
divert additional Dry Weather Urban Runoff from the middle portion of Big Canyon (the
"Mid Big Canyon Diversion") as shown on the full-color map attached to this
Amendment as Exhibit "A-1" illustrating a second drainage area designated "Drainage
Area 2".
OCSD is willing to accept the additional Dry Weather Urban Runoff from Drainage
Area 2 in accordance with its established Dry Weather Urban Runoff Policy, but only if
the maximum flow rate of the discharge to OCSD's Sewerage System will not result in a
surcharge of any local sewer and/or the Sewerage System, and only upon OCSD's
issuance of a separate Wastewater Discharge Permit for the Mid Big Canyon Diversion
location.
The parties therefore mutually agree to amend the Agreement as follows:
1. The definition of Drainage Area (as set forth in Recital A) is hereby amended to
add the area designated as Drainage Area 2 in Exhibit "A-1 ". Exhibit A to the Agreement
and Exhibit A-1 to this Amendment shall collectively be known as "Exhibit A".
2, Recital C is hereby amended by deleting the phrase "80,000 gallons per day" and
replacing it with 180,000 gallons per day'.
3. Section 2.1 is hereby amended to replace the phrase "a diversion structure" with
"up to two diversion structures".
Orange County Sanitation District - Amendment No. One Page 1
4. Section 3.0 is hereby amended by deleting the first sentence and replacing it with
the following sentence: "The CITY shall apply for a Wastewater Discharge Permit from
OCSD for each diversion structure."
5. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain in full force and effect.
[SIGNATURES ON NEXT PAGE]
Orange County Sanitation District - Amendment No. One Page 2
IN WITNESS WHEREOF, OCSD and CITY have each caused this Amendment
No. One to be executed in duplicate by its duly authorized representative.
Attest:
ORANGE COUNTY SANITATION DISTRICT
Kelly A. Lore, Cleric of the Board
James D. Herberg, General Manager
CITY OF NEWPORT BEACH
0
Kevin Muldoon, Mayor
Attest:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
Lewis Brisbois Bisgaard & Smith LLP
By: L:2
Speci I Counsel
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
By:
Aaron C. Harp, City Attomey � 'I
Orange County Sanitation District - Amendment No. One Page 3
8-5
�'� 1 ��'' Li� I,� r j �. � _.� L�^.�''"x � XPi �` � "� a. � � ♦ ►.�{
, VV
�+1 y"n.l A�5 CX3-.3�ik �9�}�
`.j� -4w_, � _ •, �+;�..,ry rk= yyaY� 4 ►r ��' i� �,, �' ► i E" X16 r'" i
jfii�_ '. - � •�. �� �,,:'v . �,i `��y�y � ..f Q-�3 n'�s ' ��1' �� Y.� �<'� • � .,y�,�;, , .':i� ii �' it sr 1 -
i
,► . a•'
�lil� r ::' yy ry�S
A ,J
�!�' e � � � .,. '*� �aC;f =.s � �� `..- ��Y- � ,��(-r•!+. AIA -
� � � r ` „ nyr' f }�•. - � '�,�A'' ��� a
law
06
•
Aa
JL
w _ Dive RAll
tl gip:
ti.
«i` rT�.�`
= v s' +I� zIV �',c�i'T.. � *9��� ql.;. • �4 �4 ��n