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HomeMy WebLinkAbout08 - Newport Coast Flow & Water Quality AssessmentCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 March 28, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein 949 - 644 -3311 rstein @city.newport- beach.ca.us SUBJECT: NEWPORT COAST FLOW AND WATER QUALITY ASSESSMENT - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS RECOMMENDATIONS: 1. Approve a Budget Amendment transferring $17,500 from the Newport Coast Watershed Program Groundwater Source Identification Account (7012- C5100810) to the Newport Coast Flow and Water Quality Assessment Account (7012- C5100779.) 2. Approve a Budget Amendment transferring $7,500 from the Morning Canyon Stabilization Project (7014- C5100805) to the Newport Coast Flow and Water Quality Assessment Account (7012- C5100779.) 3. Approve a Budget Amendment transferring $13,750 from the Unappropriated General Fund reserves to the Newport Coast Flow and Water Quality Assessment Account (7012- C5100779.) 4. Approve Amendment No. 1 to the Professional Services Agreement with Weston Solutions Inc. of Carlsbad, California at a not -to- exceed fee of $98,750 and authorize the Mayor and City Clerk to execute the Agreement for the following work: Task 1: Sampling at Pelican Point in Support of Response to the Areas of Special Biological Significance (ASBS) Exception Letter Task 2: Preparing the ASBS Exception Letter for the City of Newport Beach Task 3: Preparing the Watershed Management Plan, Task 4: Preparing a Summary Report on Watershed Physical Characteristics and Task 5: Preparing the ASBS Consolidated 2004 -2005 Implementation Grant Application Newport Coast Flow and Water Quality Assessment - Amendment No. 1 to Professional Services Agreement with Weston Solutions March 28, 2006 Page 2 DISCUSSION: The City has initiated a watershed management program for Newport Coast. One of the primary goals of this program is to protect sensitive marine life areas, the so- called Areas of Special Biological Significance (ASBS), along this stretch of coastline from Little Corona to Morro Creek. In order to characterize the water quality flowing from the watershed canyons to the ASBSs, the City approved a professional service agreement with Weston Solutions Inc. (Weston) on May 4, 2005 to perform flow and water quality sampling and analysis for eight canyons in the Newport Coast watershed. Weston has now completed the sampling for two dry weather periods and three storm events and will be preparing a report of its findings in the next two months. Attachment 2 is a proposal from Weston Solutions to complete the next necessary steps. The five tasks proposed to be added to Weston's scope of work are summarized as follows: Task 1: Samplinq at Pelican Point in Support of Response to the ASBS Exception Letter In December 2005, the Pelican Point Homeowner Association became the first HOA in the state to receive a notification that it was in violation of the Ocean Plan because of direct discharges to the beach. The HOA has asked for our assistance. It makes sense to fold the HOA into the City's watershed planning. In anticipation of this, staff directed Weston to perform supplemental flow and water quality testing at critical points in the Pelican Point watershed to provide information needed in the exception request. The $15,000 budget for this task is being funded from a budget transfer from the NPDES (National Pollutant Discharge Elimination System) Administration account. Negotiations are underway for a future reimbursement contribution from the Pelican Point HOA. Task 2: Preparing the ASBS Exception Letter for the City of Newport Beach As part of the State's efforts to protect ASBSs, the City received a letter from the State Water Resources Control Board (SWRCB) in 2004, included as Attachment 3, notifying the City that discharges from pipes and V- ditches to the beach from the Shorecliffs and Cameo Shores communities were illegal and to cease these discharges or be in violation of the Ocean Plan. The City sent a letter to the SWRCI3 requesting an exception from the Ocean Plan. In response, the SWRCB requires the City to provide specific information to support the exception application. Attachment 4 is the August 18, 2005 letter from the SWRCB. Weston is able to provide the information and documentation required by this letter including a plan to eliminate the illegal discharges. The budget for this task is $13,750 to be funded from the General Fund. Task 3: Preparing the Watershed Management Plan One of the tasks under the Proposition 13 Watershed grant is preparation of a management plan to outline stabilization and restoration programs for the watershed canyons. Weston's work in the flow and water quality monitoring has been very good and has provided the firm with a good overview of issues in the watershed. Staff recommends that Weston prepare the management plan coordinating as necessary with other City consultants that have performed other studies or projects in the watershed. The budget for this task is $45,000 and will be funded with Proposition 13 monies awarded to the City by the State Water Resources Control Board on a reimbursement basis. Newport Coast Flow and Water Quality Assessment - Amendment No. Ito Professional Services Agreement with Weston Solutions March 28, 2006 Page 3 Task 4: Preparing a Summary Report on Watershed Physical Characteristics Weston will increase the scope of its assessment of the watershed to include additional information on subbasin drainage, soil types, vegetation and topographic considerations. This extra work will be completed with no additional costs to the contract. Task 5: Preparing the ASBS Consolidated 2004 -2005 Implementation Grant Application Under staff supervision, Weston has prepared the ASBS Implementation grant application concept proposal with a funding request of almost $1.6 million. Tasks proposed under this grant include construction of the Buck Gully Erosion Control project, continuing renovation efforts at Little Corona ASBS, production of high quality marine resources video, two years of monitoring and other community outreach tasks. The City was informed on March 14`h that the Concept Proposal has been reviewed by the State Water Resources Control Board and the City has now been invited to submit a Full Proposal application. Our chances are now excellent to receive at least partial funding. The budget for this task is $25,000 with funds to be transferred from the Newport Coast Watershed Program Groundwater Source Identification Account and from the Morning Canyon Stabilization project. Environmental Review: All tasks fall under the Information Gathering class of projects and are therefore categorically exempt pursuant to CEQA Guidelines, Article 19, Section 15306. Funding Availability: Upon approval of the budget amendment, funds for the project will be available in the following accounts: Account Description Contributions General Fund NPDES Administration Prepared by: U e Robert Stein, P.E. Principal Civil Engineer Account Number Amount 7255- C5100779 $45,000 7012- C5100779 $38,750 2371 -80808 $15,000 Total: $98,750 Submitted by: en G. Badum�- '-- Public Works Director Attachments: 1. Amendment No. 1 to the Professional Services Agreement 2. Proposal from Weston Solutions dated March 16, 2006 3. October 18, 2004 Letter from the SWRCB 4. August 18, 2005 Letter from the SWRCB 5—Budget Amendment' AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC. FOR INTEGRATED ASBS EXCEPTION LETTER SAMPLING AND REPORTING, WATERSHED MANAGEMENT PLAN PREPARATION, AND GRANT PREPARATION THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City ") and WESTON SOLUTIONS, INC., a Pennsylvania corporation, whose local address is 2433 Impala Drive, Carlsbad, California, 92008, ( "Consultant "), is made with reference to the following: RECITALS A. On May 4, 2005, City and Consultant entered into a Professional Services Agreement which authorized Consultant to conduct storm water runoff and pollutant monitoring services as part of the Newport Coast Water Quality and Flow Assessment Project (hereinafter referred to as the "Agreement "). B. Under the Agreement, Consultant was hired to monitor storm water runoff and pollutants in eight Newport Coast canyons, including Buck Gully and Morro Canyon, and prepare a comprehensive Watershed Assessment Report with recommendations for protecting the marine life along the coastline (hereinafter referred to as the "Project "). Under the Agreement, City agreed to pay Consultant an amount not to exceed Three Hundred, Seventy -Four Thousand, Eight Hundred and Ninety Dollars ($374,890.00) for the services. This Agreement is scheduled to expire on December 31, 2006. C. On August 18, 2005, the City received a letter from the State Water Resources Control Board ( "State Water Board ") requesting that the City provide additional information and documentation in order to qualify for its requested exception from the waste discharge prohibition for Areas of Special Biological Significance ( "ASBS ") — specifically, the Newport Beach Marine Life Refuge Area. The City is required to submit a response to the letter by May 31, 2006. D. City desires to have Consultant prepare its response to the ASBS Exception Letter for submission to the State Water Board. In addition, City desires to have Consultant prepare a Newport Coast Watershed Management Plan, which will outline the recommended additional stabilization and restoration measures for each of the eight canyons in the watershed, among other things. E. City desires to enter into this Amendment No. 1 to reflect the additional services to be performed by Consultant, which were not included in the original Agreement. City also desires to extend the Agreement's term to June 30, 2007. F. City desires to compensate Consultant for the additional professional services needed for Project. G. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1," as provided herein below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform the services outlined in the Scope of Work dated March 10, 2006, attached hereto as Exhibit A, and incorporated in full by this reference. Consultant agrees to meet the deadlines outlined in Exhibit A. 2. Total additional compensation to be paid to Consultant for all work performed in accordance with this Amendment, including all reimbursable items and subconsultant fees, shall not exceed Ninety -Eight Thousand, Seven - Hundred and Fifty Dollars ($98,750.00). 3. The term of the Agreement shall be extended to June 30, 2007. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. (SIGNATURES ON FOLLOWING PAGE] 2 APPROVED AS TO FORM: ,X- C Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk Attachment: Exhibit A — Scope of Work CITY OF NEWPORT BEACH, A Municipal Corporation By: Don Webb, Mayor for the City of Newport Beach WESTON SOLUTIONS, INC.: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: f: \users \pbw\shared\agreements \fy 05 -06 \weston - newport coast flow amend 1.doc 3 b ® Weston Solutions, Inc. 2433 Impala Drive Carlsbad, California 92008 760- 931 -8081 • rax 760- 931 -1580 MM E e www.vmsionsolutionsxom March 16, 2006 Robert Stein Principal Civil Engineer Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Scope and Proposed Fee for Integrated ASBS Exception Letter Sampling and Reporting, Watershed Management Plan Preparation and Implementation Grant Preparation for the Newport Beach Coast Region Dear Bob: Weston Solutions Inc. (Weston) is pleased to provide this proposal for completions of the following integrated tasks that support the City of Newport Beach in the planning activities to obtain the necessary data to define the potential impacts to the ASBSs, provide regulatory reporting, develop the plans that prioritize the steps to mitigate these impacts and restore the ASBS, and to obtain the necessary funding to implement these management actions and access their effectiveness. The tasks under this proposal include the following: I. Sampling at Pelican Point in Support of Response to the ASBS Exception Letter dated August 2005 2. Consolidation of Data and Preparation of the Responses to the ASBS Exception Letter for the City of Newport Beach 3. Preparation of the Newport Coast Watershed Management Plan 4. Preparation of a Summary Report on Watershed Physical Characteristics in Support of the Watershed Management Plan 5. Preparation of the Consolidated 2004 -2005 Grant Application for Implementation Projects Weston brings to this effort working knowledge of the water quality issues of the Newport Coastal canyons and the associated ASBSs through our current assessment project, We can therefore complete the water quality portions of these tasks cost effectively through the current effort under the existing assessment contract. The Weston Team that will be preparing these responses and reports is also assisting the City of San Diego and the City of Laguna Beach with their response to their Exception Letters. We are also conducting sampling and preparing a watershed management plan for the City of San Diego for the La Jolla ASBS under a planning grant with Scripps Institute of Oceanography. We will use the experience from these other efforts and the communications with the State Board to support the City of Newport Beach on these tasks. We also understand the City's long -term restoration goals and the integration of an employee -owned company EXHIBIT A C.�! Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 2 the planning studies with the these long -term goals and the need to set the foundation for meeting regulatory compliance requirements, basis for the prioritization and design of implantation control measures, and for the funding of these measures through the Consolidated and Integrated Watershed grant program. Below is the anticipated scope of the work, schedule and cost proposal on a task basis. The Pelican Point Community received from the State Board a letter dated August 2005 requested data and information on the discharges from the community to the ASBS. In order to provide the necessary data to respond to this letter, sampling of the storm water from the MS4 system that receives storm water flows frofn this community that discharges to the ASBS is needed. Scope of Work The scope of work for this task includes the installation of sampling equipment and collection of storm water samples for one storm event at designated locations in the MS4 system above and below the Pelican Point Community. Samples will be collected at a location up- stream of the community and down -stream of the largest drainage basin of the community to assess the contribution from the community. A third sample will be collected farther down- stream of the community to assess the contributions of constituents from potential down - gradient sources, Representative storm water samples will be collected and analyzed for the chemical constituents in accordance with the requirements of the August 2005 Exception Letter. No toxicity testing will be conducted. These results will be summarized in a letter report and integrated into the overall Water Quality and Flow Assessment Report for Newport Coast. Schedule The sampling will be conducted during a storm event following authorization from the City. Cost Proposal The estimate total effort for this project is $15,000. The work will be completed on a time and material not exceed basis. Labor rates will be in accordance with the current contract. A breakdown of labor hours is provided as follows: Project Manager /Project Engineer — 8 hours Sr. ScientisL/Biologist — 16 hours EXHIBIT A Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 3 Scientist 1— 12 hours Environmental Analyst -40 hours Sr. Technician — 60 hours Expenses include travel totaling $60 Equipment Lease and Expendables - $3,872 Laboratory Analytical Costs - $2,178 This task includes support in the preparation of the response to the Exception Letter from the State Water Resources Control Board dated August 18, 2005. The specific scope for this project includes obtaining and compiling information and data from others and summarizing the results from the Newport Coast Water Quality and Flow Assessment being conducted by'Weston to respond to the ten items listed in the Exception Letter. Scope of Work These items and the expected effort are outlined below: I. Discharger's Name, Address, and Contact Information — To be provided by the City of Newport Beach (City). 2. NPDES Permit Number for the applicable discharges - To be provided by the City of Newport Beach (City). 3. Statement requesting coverage under an exception from ASBS waste discharge prohibition — Weston will meet with the City to discuss the approach to this statement. As discussed, it is recommended that the response to the exception letter provide not only the results to the items listed below, but also any conclusions on the constituents of concern, potential sources of primary loadings /impacts, and more importantly the recommended strategy to address the ASBS issues through specific monitoring /data gathering and management actions /BMP implementation planned by Newport Beach and Laguna Beach. As discussed, this response letter provides an opportunity to give recommended direction and practical solutions to the Board based on sound science and engineering knowledge and data currently and planned to be obtained during this planning phase. Clarification with the Board may be needed with regard to the specific discharges that are covered under the Exception letter and their relationship to the flows from the canyon creeks. 4. Documentation of storm water discharge not compromising protection of ocean waters for beneficial use. At a minimum provide quantitative description of marine life near the discharge and at reference location. —Weston will compile EXHIBIT A I", Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 4 data that has been collected by Minerals Management Service and other sources on the marine resources in the coastal rocky inter- and outer -tidal areas and summarize this data for submittal in response to this item. This existing data i. predominantly on the ASBS at Crystal Cove. Weston wall also outline the activities planned under the existing planning grants to further obtain baseline data in the ASBS at Little Corona. The response to this item will also describe the overall long -term approach the City is taking to protect and restore the ASBS through further investigation and effective reduction in the identified impacts. 5. Assessment of available flow and water quality data. — Weston will provide a summary of the baseline flow and water quality results that have been obtained from the Newport Coast Flow and Water Quality Assessment. Historical flow data for Buck Gully from Rivertech, Inc. and the groundwater seepage assessment by Todd Engineers will also be summarized. Current data from this year for Los Troncos and Muddy Creek that has been collected by the Irvine Company will be requested to include as supplemental data. These discharges are under a separate order. The results will be compared to the Ocean Plan guidelines where applicable. The effort for compiling the data from the ongoing Flow and Water Quality Assessment is covered under the existing contract for this work. 6. Characterization of the Watershed including land use, population density and percent impervious surfaces. Also include known pesticide and herbicide applications — Weston will work with the City's GIS department to obtain the watershed maps and the layers requested in this item. Information on pesticide application will be pursued through the City and added to the GIS maps. Weston will compile the maps from the GIS maps and layers provided by the City, and provide a written description of the information for this item. 7. A description of the Treatment Processes, BMPs, Pollution Controls in use or planned — Weston will meet with the City to obtain a summary of the current measures in place and planned. These will be summarized and an anticipated timeline for implementation provided along with the overall approach to implementation of these measures. The approach will consist of an iterative process in which control measures will be implemented based on the findings of the planning activities and priorities identified in the watershed management plans. As measures are implemented in a phased manner, monitoring will be conducted to demonstrate effectiveness and the need for additional measures. Measures will address the potential impacts that may include storm water from the coastal canyons creeks, dry weather flows, aerial deposition, tidal flow from Lower Newport Bay and public trampling and scavenging. 8. An analysis of alternatives to discharges into the ASBS;. — Weston will obtain further information from the City on the management actions to reduce dry weather flows in the canyons and summarize these efforts (both in -place and planned) on maps and in text. The planned monitoring of the comparison of Buck Bully and Morning Canyon discharge areas to the ASBS as a result of dry weather EXHIBIT A io Mr. Robert Stein 3 11612006 Public Works Department, City of Newport Beach Page 5 flow curtailment will be discussed and the overall goal of the Cities of Newport Beach and Laguna Beach of your urban runoff control programs to the ASBSS. 9. History of Drainages into the ASBS including spills and other discharge events — The City will provide this information. 10. Documentation that shows the public interest will be served by the exception — Weston will discuss with the City the response to this item. As discussed this response can provide an opportunity to outline the City's overall goals and approach to the restoration and preservation of the ASBSS which is in the interest of the public. Schedule • The response to the August Exception Letter from the State Water Board is due May 31, 2006. • Weston will meet with the City within a week of receiving authorization to obtain available data and /or contacts for these data to prepare the responses. • Weston will prepare a memorandum by March 27, 2006 that outlines for each item the data received /obtained, any outstanding data/information, and an outline of the content and approach to the responses. • Weston will compile the data and information for the responses and prepare a working draft of the responses for review by the City by April 10, 2006. Results from the third wet weather sampling event should be available by the beginning of April to complete this working draft. • A revised draft based on comments from the City will be submitted by Weston by May 8, 2006. • A final response package will be provided to the City by May 22, 2006 for final authorization and submittal to the State Water Board. Cost Proposal The estimate total effort for this project is $13,750. The work will be completed on a time and material not exceed basis. Labor rates will be in accordance with the current contract. A breakdown of labor hours is provided as follows: Project Manager /Project Engineer — 38 hours QA Sr. Scientist/Biologist — 10 hours GIS Specialist — 16 hours Scientist II -54 hours Work Processor /Editor— 8 hours Contract Admin. — 2 hours Expenses include travel totaling $123 Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 6 Task 3 - Preparation of the Newport Coast Watershed Management Plan Scope of Work The scope of work for this task includes the development of the Watershed Management Plan (WMP) for the Newport Coast. The WMP will outline the recommended additional stabilization and restoration measures for each of the eight (8) canyons in the watershed using the information gathered for the Watershed Assessment and Water Quality, Ecological Indicator and Flow Measurement Programs. These data will be collected and summarized as part of Task 4. Each canyon program will include detailed recommendations for streambed restoration, dry- weather flow reduction and management, pollutant loadings reduction, overall ecological preservation, recreational and education opportunities, and long -term canyon maintenance guidelines. The WMP will include a description of stabilization and restoration projects such as Buck Gully and Morning Canyon to be completed/constructed. The Watershed Management Plan will describe methods for implementing, managing and monitoring restoration actions and how these monitoring data will be used to make subsequent management and restoration decisions. The WMP will set priorities for implementation of these measures and be used to develop implementation project for the Integrated Watershed Grant program. Weston will submit the WMP to the Grant Manager and WMAC for review and comment. Weston will finalize the WMP incorporating comments received and submit to the Grant Manager. Schedule The draft WMP will be submitted by July 1, 2006. The final WMP will be submitted 60 days following the submittal of the draft or within 20 days of receiving final comments. Cost Proposal The estimate total effort for this project is $45,000. The work will be completed on a time and material not exceed basis. Labor rates will be in accordance with the current contract. A breakdown of labor hours is provided as follows: Principal Investigator— 12 hours Project Manager /Project Engineer — 60 hours QA Sr. Scientist/Biologist — 56 hours GIS Specialist— 68 hours Scientist II — 80 hours Scientist I — 120 hours EXHIBIT A UNK Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 7 Environmental Analyst — 78 hours Work Processor/Editor — 48 hours Expenses include production and travel totaling $358 Task 4 - Preparation of a Summary Report on Watershed Physical Characteristics in Support of the Watershed Management Plan This task includes the preparation of a summary report on each of the sub - drainage areas within the Buck Gully and Morning Canyon watersheds that includes the data and information collected to date regarding vegetation type, soil type, topography, slope, number of drains entering the canyon, time of concentration for the 100 yrs storm event and other hydrological information. These data will be consolidated and summarized in a report with graphical presentation of the data to allow for a spatial understanding of the physical conditions linked to the water quality and flow results from these canyons. This effort will be conducted as part of the scope of work under the Drainage Analysis Task for the Newport Coast Water Quality and Flow Assessment. The original scope of work included the completion of a drainage analysis of the canyons. Since this effort is similar in scope and objective, the current scope will be modified to the scope covered under this task. This task will therefore be completed under the current contract per this modified scope. Task 5 - Preparation of the Consolidated 2004 -2005 Grant Application for Implementation Projects Soo a of Work The overall goal of this work is to develop and submit a successful grant application under the 2005 -2006 Consolidated Grants Program. This will provide the City of Newport Beach the resources to implement the tasks that reduce negative impacts to the two Marine Life Refuge Areas (ASBS). It will also create educational and training opportunities for the City staff, the community, and stakeholders to protect and preserve these areas. These tasks will further support the ASBS exception process under the current regulatory framework. The Newport Coast ASBS program is highly .suited for this grant as your program is well ahead of other ASBS programs in the State, and has been designated as a Pilot Project. The results of the current coastal canyon water quality and flow study, and additional studies underway or planned under the Planning Grant will provide a strong foundation to base approaches and designs proposed under the Implementation Grant. In addition, erosion control projects being designed for Buck Gully can be coordinated and enhanced to address potential constituents of concern to the ASBS. 1,' M Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 8 The tasks under this scope of work include preparation of a work plan, meetings with the application partners, attending the grant workshop and preparation of the grant application. These tasks are further defined as follows: Develop Work Plan and Facilitate Meeting: Weston will prepare the work plan for the grant application to define the goals, approach, tasks, schedule, partners and funding request. This work plan will be distributed and presented to the grant application partners for review and comment. A work plan meeting will be held with the partners to reach consensus on the goals and tasks detailed in the grant application. Weston will facilitate the meeting and provide meeting minutes that will be distributed to the partners documenting consensus items and any follow -up action items. The work plan will described each of the tasks included in the application. Based on discussions with you to date, the following tasks are being considered for inclusion in the grant application: 1. Implementation - Further Development of Conceptual Design of Source Controls and BMPs 2. Implementation of Source Controls and Integration of Erosion/Sediment Control BMPs with Other Potential Treatment/Controls for Constituents that are identified as potentially impacting ASBS based on the current water quality 3. Development of Community Outreach/Education — Video of Marine Resources 4. Preparation of Long -term Monitoring Plan and Comple °ion of 1 -2 years of Monitoring to Assess Effectiveness 5. Introduction and Renovation of an addition species to the ASBS 6. Coordination and Facilitation of Outreach Meetings with Local Fisherman 7. Completion of Study to Determine Impacts to the flora/fauna change in the rocky inter -tidal areas at Buck Gully vs. Morning Canyon as dry- weather flows are curtailed These tasks will be further discussed with you and the other partners at the work plan meeting to reach consensus on the final task to be included. Attend Grant Workshop and Meetings: Weston will attend the Consolidated Grant workshop scheduled for November 2005 to assure key requirements and components of the application are met. Weston will also meet with the City of Newport Beach at the initiation of the effort (project kick -off), and periodic (up to 3 meetings) to review progress and obtain input on the work plan and application. Prepare Grant Applications: Weston will prepare the grant application for the 2005 -2006 Consolidated Grants Program under the Coastal Non -Point Source Pollution Control EXHIBIT A 14- m \aDWeston Solutions, Inc. 2433 Impala Drive Carlsbad, California 92008 t 760. 931- 8081•Fax 760- 931 -1580 www.westonsolutions.com r of Newport Beach 3/16/2006 Page 9 Program. This program has approximately $10 million of funds ear - marked for ASBS projects. Weston will prepare responses for each of the concept proposal project questions, evaluation criteria checklist and application fields for the Financial Assistance Application Submittal Tool (FAAST). Schedule The application will be submitted by the deadline of February 9, 2006. Proposed Fee The following cost proposal is presented on a task total not -to- exceed effort: Project Manager /Engineer -124 hours Environmental Analyst — 60hrs. Word Processing/Graphic Designer - 54 hrs. Task Total - $25,000 SUMMARY OF TOTAL COSTS TASK ESTIMATED TASK TOTAL COST Task 1 - Sampling at Pelican Point in Support of $15,000 Response to the ASBS Letter for the City of Newport Beach Task 2 - Exception Letter dated August 2005 $13,750 Consolidation of Data and Preparation of the Responses to the ASBS Exception Task 3 - Preparation of the Integrated Coastal $45,000 Watershed Management Plan Task 4 - Preparation of a Summary Report on No Additional Cost — Covered Watershed Physical Characteristics in Support of under current Contract as a the Watershed Management Plan Modified Scope Item Task 5 - Preparation of the Consolidated 2004- $25,000 2005 Grant Application for Implementation Projects TOTAL $98,750 an employee -owned company EXHIBIT A L: 1 �� Mr. Robert Stein 3/1612006 Public Works Department, City of Newport Beach Page 10 Please call me at 760 -931 -8081 or 760- 497 -3318 if you have any questions on this proposal. cc: L. Kay Very truly yowl, Weston Solutions, Inc. David H. Pohl, Ph.D., P.E. Sr. Project Manager EXHIBIT A a ® Weston Solutions, Inc. 2433 Impala Drive Carlsbad, California 92008 760- 931 -8081 • Fax 760- 931 -1580 �® svvrw.westonsolutions.com March 16, 2006 Robert Stein Principal Civil Engineer Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Scope and Proposed Fee for Integrated ASBS Exception Letter Sampling and Reporting, Watershed Management Plan Preparation and Implementation Grant Preparation for the Newport Beach Coast Region Dear Bob: Weston Solutions Inc. (Weston) is pleased to provide this proposal for completions of the following integrated tasks that support the City of Newport Beach in the planning activities to obtain the necessary data to define the potential impacts to the ASBSs, provide regulatory reporting, develop the plans that prioritize the steps to mitigate these impacts and restore the ASBS, and to obtain the necessary funding to implement these management actions and access their effectiveness. The tasks under this proposal include the following: 1. Sampling at Pelican Point in Support of Response to the ASBS Exception Letter dated August 2005 2. Consolidation of Data and Preparation of the Responses to the ASBS Exception Letter for the City of Newport Beach 3. Preparation of the Newport Coast Watershed Management Plan 4. Preparation of a Summary Report on Watershed Physical Characteristics in Support of the Watershed Management Plan 5. Preparation of the Consolidated 2004 -2005 Grant Application for Implementation Projects Weston brings to this effort working knowledge of the water quality issues of the Newport Coastal canyons and the associated ASBSs through our current assessment project. We can therefore complete the water quality portions of these tasks cost effectively through the current effort under the existing assessment contract. The Weston Team that will be preparing these responses and reports is also assisting the City of San Diego and the City of Laguna Beach with their response to their Exception Letters. We are also conducting sampling and preparing a watershed management plan for the City of San Diego for the La Jolla ASBS under a planning grant with Scripps Institute of Oceanography, We will use the experience from these other efforts and the communications with the State Board to support the City of Newport Beach on these tasks. We also understand the City's long -term restoration goals and the integration of an employee -owned company Attachment 2 CJ 0 Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 2 the planning studies with the these long -term goals and the need to set the foundation for meeting regulatory compliance requirements, basis for the prioritization and design of implantation control measures, and for the funding of these measures through the Consolidated and Integrated Watershed grant program. Below is the anticipated scope of the work, schedule and cost proposal on a task basis. The Pelican Point Community received from the State Board a letter dated August 2005 requested data and information on the discharges from the community to the ASBS. In order to provide the necessary data to respond to this letter, sampling of the storm water from the MS4 system that receives storm water flows from this community that discharges to the ASBS is needed. Scope of Work The scope of work for this task includes the installation of sampling equipment and collection of storm water samples for one storm event at designated locations in the MS4 system above and below the Pelican Point Community. Samples will be collected at a location up- stream of the community and down -stream of the largest drainage basin of the community to assess the contribution from the community. A third sample will be collected farther down- stream of the community to assess the contributions of constituents from potential down - gradient sources. Representative storm water samples will be collected and analyzed for the chemical constituents in accordance with the requirements of the August 2005 Exception Letter. No toxicity testing will be conducted. These results will be summarized in a letter report and integrated into the overall Water Quality and Flow Assessment Report for Newport Coast. Schedule The sampling will be conducted during a storm event following authorization from the City. Cost Proposal The estimate total effort for this project is $15,000. The work will be completed on a time and material not exceed basis. Labor rates will be in accordance with the current contract. A breakdown of labor hours is provided as follows: Project Manager /Project Engineer -8 hours Sr. ScientisL/Biologist — 16 hours Attachment 2 6 Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 3 Scientist I — 12 hours Environmental Analyst —40 hours Sr. Technician — 60 hours Expenses include travel totaling $60 Equipment Lease and Expendables - $3,872 Laboratory Analytical Costs - $2,178 Task 2 - Consolidation of Data and Preparation of the Responses to the ASBS Exception Letter for the City of Newport Beach This task includes support in the preparation of the response to the Exception Letter from the State Water Resources Control Board dated August 18, 2005. The specific scope for this project includes obtaining and compiling information and data from others and summarizing the results from the Newport Coast Water Quality and Flow Assessment being conducted by Weston to respond to the ten items listed in the Exception Letter. Scope of Work These items and the expected effort are outlined below: 1. Discharger's Name, Address, and Contact Information — To be provided by the City of Newport Beach (City). 2. NPDES Permit Number for the applicable discharges - To be provided by the City of Newport Beach (City). 3. Statement requesting coverage under an exception from ASBS waste discharge prohibition — Weston will meet with the City to discuss the approach to this statement. As discussed, it is recommended that the response to the exception letter provide not only the results to the items listed below, but also any conclusions on the constituents of concern, potential sources of primary loadings/impacts, and more importantly the recommended strategy to address the ASBS issues through specific monitoring /data gathering and management actions /BMP implementation planned by Newport Beach and Laguna Beach. As discussed, this response letter provides an opportunity to give recommended direction and practical solutions to the Board based on sound science and engineering knowledge and data currently and planned to be obtained during this planning phase. Clarification with the Board may be needed with regard to the specific discharges that are covered under the Exception letter and their relationship to the flows from the canyon creeks. 4. Documentation of storm water discharge not compromising protection of ocean waters for beneficial use. At a minimum provide quantitative description of marine life near the discharge and at reference location. — Weston will compile Attachment 2 Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 4 data that has been collected by Minerals Management Service and other sources on the marine resources in the coastal rocky inter- and outer -tidal areas and summarize this data for submittal in response to this item. This existing data is predominantly on the ASBS at Crystal Cove. Weston will also outline the activities planned under the existing planning grants to further obtain baseline data in the ASBS at Little Corona. The response to this item will also describe the overall long -term approach the City is taking to protect and restore the ASBS through further investigation and effective reduction in the identified impacts. 5. Assessment of available flow and water quality data. -- Weston will provide a summary of the baseline flow and water quality results that have been obtained from the Newport Coast Flow and Water Quality Assessment. historical flow data for Buck Gully from Rivertech, Inc. and the groundwater seepage assessment by Todd Engineers will also be summarized. Current data from this year for Los Troncos and Muddy Creek that has been collected by the Irvine Company will be requested to include as supplemental data. These discharges are under a separate order. The results will be compared to the Ocean Plan guidelines where applicable. The effort for compiling the data from the ongoing Flow and Water Quality Assessment is covered under the existing contract for this work. 6. Characterization of the Watershed including land use, population density and percent impervious surfaces. Also include known pesticide and herbicide applications — Weston will work with the City's GIS department to obtain the watershed maps and the layers requested in this item. friformation on pesticide application will be pursued through the City and added to the GIS maps. Weston will compile the maps from the GIS maps and layers provided by the City, and provide a written description of the information for this item. 7. A description of the Treatment Processes, BMPs, Pollution Controls in use or planned — Weston will meet with the City to obtain a summary of the current measures in place and planned. These will be summarized and an anticipated timeline for implementation provided along with the overall approach to implementation of these measures. The approach will consist of an iterative process in which control measures will be implemented based on the findings of the planning activities and priorities identified in the watershed management plans. As measures are implemented in a phased manner, monitoring will be conducted to demonstrate effectiveness and the need for additional measures. Measures will address the potential impacts that may include storm water from the coastal canyons creeks, dry weather flows, aerial deposition, tidal flow from Lower Newport Bay and public trampling and scavenging. 8. An analysis of alternatives to discharges into the ASBS. — Weston will obtain further information from the City on the management actions to reduce dry weather flows in the canyons and summarize these efforts (both in -place and planned) on maps and in text. The planned monitoring of the comparison of Buck Bully and Morning Canyon discharge areas to the ASBS as a result of dry weather Attachment 2 10 Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 5 flow curtailment will be discussed and the overall goal of the Cities of Newport Beach and Laguna Beach of your urban runoff control programs to the ASBSs. 9. History of Drainages into the ASBS including spills and other discharge events — The City will provide this information. 10. Documentation that shows the public interest will be served by the exception — Weston will discuss with the City the response to this item. As discussed this response can provide an opportunity to outline the City's overall goals and approach to the restoration and preservation of the ASBSs which is in the interest of the public. Schedule • The response to the August Exception Letter from the State Water Board is due May 31, 2006. • Weston will meet with the City within a week of receiving authorization to obtain available data and /or contacts for these data to prepare the responses. • Weston will prepare a memorandum by March 27, 2006 that outlines for each item the data received /obtained, any outstanding data/information, and an outline of the content and approach to the responses. • Weston will compile the data and information for the responses and prepare a working draft of the responses for review by the City by April 10, 2006. Results from the third wet weather sampling event should be available by the beginning of April to complete this working draft. • A revised draft based on comments from the City will be submitted by Weston by May 8, 2006. • A final response package will be provided to the City by May 22, 2006 for final authorization and submittal to the State Water Board. Cost Proposal The estimate total effort for this project is $13,750. The work will be completed on a time and material not exceed basis. Labor rates will be in accordance with the current contract. A breakdown of labor hours is provided as follows: Project Manager /Project Engineer— 38 hours QA Sr, Scientist/Biologist — 10 hours GIS Specialist— 16 hours Scientist II — 54 hours Work Processodl3ditor — 8 hours Contract Admin. — 2 hours Expenses include travel totaling $123 Attachment 2 Mr. Robert Stein 311612006 Public Works Department, City of Newport Beach Page 6 Task 3 - Preparation of the Newport Coast Watershed Management Plan Scope of Work The scope of work for this task includes the development of the Watershed Management Plan (WMP) for the Newport Coast. The WMP will outline the recommended additional stabilization and restoration measures for each of the eight (8) canyons in the watershed using the information gathered for the Watershed Assessment and Water Quality, Ecological Indicator and Flow Measurement Programs. These data will be collected and summarized as part of Task 4. Each canyon program will include detailed recommendations for streambed restoration, dry- weather flow reduction and management, pollutant loadings reduction, overall ecological preservation, recreational and education opportunities, and long -term canyon maintenance guidelines. The WMP will include a description of stabilization and restoration projects such as Buck Gully and Morning Canyon to be completed/constructed. The Watershed Management Plan will describe methods for implementing, managing and monitoring, restoration actions and how these monitoring data will be used to make subsequent management and restoration decisions. The WMP will set priorities for implementation of these measures and be used to develop implementation project for the Integrated Watershed Grant program. Weston will submit the WMP to the Grant Manager and WMf1C for review and comment. Weston will finalize the WMP incorporating comments received and submit to the Grant Manager. Schedule The draft WMP will be submitted by July I, 2006. The final WMP will be submitted 60 days following the submittal of the draft or within 20 days of receiving final comments. Cost Proposal The estimate total effort for this project is $45,000. The work will be completed on a time and material not exceed basis. Labor rates will be in accordance with the current contract. A breakdown of labor hours is provided as follows: Principal Investigator — 12 hours Project Manager/Project Engineer— 60 hours QA Sr. ScientistJBiologist — 56 hours GIS Specialist — 68 hours Scientist II — 80 hours Scientist I — 120 hours Attachment 2 71 Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 7 Environmental Analyst — 78 hours Work Processor/Editor -48 hours Expenses include production and travel totaling $358 Task 4 - Preparation of a Summary Report on Watershed Physical Characteristics in Support of the Watershed Management Plan This task includes the preparation of a summary report on each of the sub - drainage areas within the Buck Gully and Morning Canyon watersheds that includes the data and information collected to date regarding vegetation type, soil type, topography, slope, number of drains entering the canyon, time of concentration for the 100 yrs storm event and other hydrological information. These data will be consolidated and summarized in a report with graphical presentation of the data to allow for a spatial understanding of the physical conditions linked to the water quality and flow results from these canyons. This effort will be conducted as part of the scope of work under the Drainage Analysis Task for the Newport Coast Water Quality and Flow Assessment. The original scope of work included the completion of a drainage analysis of the canyons. Since this effort is similar in scope and objective, the current scope will be modified to the scope covered under this task. This task will therefore be completed under the current contract per this modified scope. Task 5 - Preparation of the Consolidated 2004 -2005 Grant Application for Implementation Proiects Scope of Work The overall goal of this work is to develop and submit a successful grant application under the 2005 -2006 Consolidated Grants Program. This will provide the City of Newport Beach the resources to implement the tasks that reduce negative impacts to the two Marine Life Refuge Areas (ASBS). It will also create educational and training opportunities for the City staff, the community, and stakeholders to protect and preserve these areas. These tasks will further support the ASBS exception process under the current regulatory framework. The Newport Coast ASBS program is highly suited for this grant as your program is well ahead of other ASBS programs in the State, and has been designated as a Pilot Project. The results of the current coastal canyon water quality and flow study, and additional studies underway or planned under the Planning Grant will provide a strong foundation to base approaches and designs proposed under the Implementation Grant. In addition, erosion control projects being designed for Buck Gully can be coordinated and enhanced to address potential constituents of concern to the ASBS. Attachment 2 23 25 Mr. Robert Stein 3/16/2006 Public Works Department, City of Newport Beach Page 8 The tasks under this scope of work include preparation of a work plan, meetings with the application partners, attending the grant workshop and preparation of the grant application. These tasks are further defined as follows: Develop Work Plan and Facilitate Meeting: Weston will prepare the work plan for the grant application to define the goals, approach, tasks, schedule, partners and funding request. This work plan will be distributed and presented to the grant application partners for review and comment. A work plan meeting will be held with the partners to reach consensus on the goals and tasks detailed in the grant application. Weston will facilitate the meeting and provide meeting minutes that will be distributed to the partners documenting consensus items and any follow -up action items. The work plan will described each of the tasks included in the application. Based on discussions with you to date, the following tasks are being considered for inclusion in the grant application: 1. Implementation - Further Development of Conceptual Design of Source Controls and BMPs 2. Implementation of Source Controls and Integration of Erosion /Sediment Control BMPs with Other Potential Treatment /Controls for Constituents that are identified as potentially impacting ASBS based on the current water quality 3. Development of Community 0utieach/Education — Video of Marine Resources 4. Preparation of Long -term Monitoring Plan and Completion of 1 -2 years of Monitoring to Assess Effectiveness 5. Introduction and Renovation of an addition species to the ASBS 6. Coordination and Facilitation of Outreach Meetings with Local Fisherman 7. Completion of Study to Determine Impacts to the flora/fauna change in the rocky inter -tidal areas at Buck Gully vs. Morning Canyon as dry - weather flows are curtailed These tasks will be further discussed with you and the other partners at the work plan meeting to reach consensus on the final task to be included. Attend Grant Workshop and Meetings: Weston will attend the Consolidated Grant workshop scheduled for November 2005 to assure key requirements and components of the application are met. Weston will also meet with the City of Newport Beach at the initiation of the effort (project kick -off), and periodic (up to 3 meetings) to review progress and obtain input on the work plan and application. Prepare Grant Applications: Weston will prepare the grant application for the 2005 -2006 Consolidated Grants Program under the Coastal Non -Point Source Pollution Control Attachment 2 �a Weston Solutions, Inc. 2433 Impala Drive Carlsbad. California 92008 760.931 -8081 • Fax 760- 931 -1580 t www.westonmlutions.com 3/16/2006 r of Newport Beach Page 9 Program. This program has approximately $10 million of funds ear - marked for ASBS projects. Weston will prepare responses for each of the concept proposal project questions, evaluation criteria checklist and application fields for the Financial Assistance ' Application Submittal Tool (FAAST). i Schedule The application will be submitted by the deadline of February 9, 2006. Proposed Fee The following cost proposal is presented on a task total not -to- exceed effort: Project Manager /Engineer -124 hours Environmental Analyst — 60hrs. Word Processing /Graphic Designer - 54 hcs. Task Total - $25,000 SUMMARY OF TOTAL COSTS TASK ESTIMATED TASK TOTAL COST Task 1 - Sampling at Pelican Point in Support of $15,000 Response to the ASBS Letter for the City of Newport Beach Task 2 - Exception Letter dated August 2005 $13,750 Consolidation of Data and Preparation of the to the ASBS Exception -Responses Task 3 - Preparation of the Integrated Coastal $45,000 Watershed Management Plan Task 4 - Preparation of a Summary Report on No Additional Cost — Covered Watershed Physical Characteristics in Support of under current Contract as a the Watershed Management Plan Modified Scope Item Task 5 - Preparation of the Consolidated 2004- $25,000 2005 Grant Application for Implementation Projects TOTAL $98,750 nn employee - owned company Attachment 2 CJ 2` s Mr. Robert Stein 311612006 Public Works Department, City of Newport Beach Page 10 Please call me al 760- 931 -9091 or 760- 497 -3319 if you have any questions on this proposal. Very truly yours, Weston Solutions, Inc. David H. Pohl, Ph.D., P.E. Sr. Project Manager cc: L. Kay Attachment 2 2� Terry Tamminen Secretary for Environmental Protection OC1 1 S 2004 State Water Resources Control Board Executive Office 1001 1 Street • Sacramento, Cal ifomia 95814 • (916) 341-5615 Mailing Address: P.O. Box 100 • Sacramento, Califomia • 95812-0100 Fax (916) 341 -5621 • hap: / /www.mrcb.ca.gov Mr. Stephen Badum, Public Works Director City of Newport Beach 3300 :Newport Boulevard Newport Beach, CA 92663 Dear Mr. Badum: (a Arnold Schwarzenegger Governor OCT 2 2 2004 PROHIBITION OF WASTE DISCHARGES INTO THE NEWPORT BEACH MARINE LIFE REFUGE AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE The California Ocean Plan (Ocean Plan), adopted by the State Water Resources Control Board (State Board) and approved by the U.S. Environmental Protection Agency (U.S. EPA), lists 34 coastal marine waters which the State Board has designated as Areas of Special Biological Significance (ASBS). ASBS Pre defined as "those areas designated by the State Board requiring protection of species or biological communities to the extent that alteration of natural water quality is undesirable." The Ocean Plan, Section III.E.I., requires that: "Waste* shall not be discharged to areas designated as being of special biological significance. Discharges shall be located a sufficient distance from such designated areas to assure maintenance of natural water quality conditions in these areas." "Waste" is defined as the "total discharge, of whatever origin." Your discharge of storm water (dry and wet weather runoff) into the Newport Beach Marine Life Refuge Area of Special Biological Significance is subject to the prohibition against waste discharges to an ASBS. The Ocean Plan, Section IILL1, allows the State Board to grant exceptions to this prohibition, provided that the exception "will not compromise protection of ocean waters for beneficial uses, and, [t]he public interest will be served." Prior to granting an exception, the State Board must hold a public hearing, and there must be compliance with the California Environmental Quality Act t CEQA). The U.S. EPA must also concur. Information regarding the Ocean Plan, ASBS, or existing exceptions to the Ocean Plan may be found at http://www.swrcb.ca.gov/pinspols/oplans/index.html. Califc:.ia Environmental Protection Agency lei c'led Paper Attachment 3 Mr. Stephen Badum - 2 - (U I F 2004 Because you do not already have an exception issued by the State Board for discharges to the ASBS, you are required to cease discharging. You may, however, request an exception to the prohibition if you believe your discharge will not compromise protection of ocean waters for beneficial uses, and the public interest will be served. Please notify the State Board prior to January 1, 2005 whether you intend to cease discharging to the specified ASBS or whether you will seek an exception. We will discuss further steps with you subsequently. Your response should be sent to Dominic Gregorio of the Division of Water Quality, Ocean Standards Unit, with a copy sent to the Santa Ana Regional Water Quality Control Board. The State Board staff will hold a workshop, at a date and location as yet to be determined, for those parties interested in pursing an exception. The purpose of this workshop will be to provide information on the procedures for applying for an exception and possible funding sources that may he available to address discharges into ASBS. You will receive an invitation to this workshop in the near future. If you have any questions, please feel free to contact Stan Martinson, Chief, Division of Water Quality, at (916) 341 -5458 (marts(a),swrcb.ca.gov) or Dominic G:regorio, Division of Water Quality, Ocean Standards Unit, at (916) 341 -5488 (greed aswrcb.ca. ov) . Sincerely, Celeste Cantu -� Executive Director CC: Mayor Tod W. Ridgeway City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Mr. Larry McKenney Orange County Watershed and Coastal Resources Office P.O. Box 4048 Santa Ana, CA 92702 -4048 Mr. Gerard J. Thibeault, Executive Officer Santa Ana Regional Water Quality Control Board 3737 Main Street, Suite 500 Riverside, CA 92501 -3339 California Environmental Protection Agency 0 Recycled Paper Attachment 3 ,c State Water Resources Control Board Alan C. Lloyd, Ph.D. Agencv Secremry August 18, 2005 Division of Water Quality 1001 1 Street • Sacramento, California 95814 • (916) 341 -5455 Mailing Address: P.O. Box 100 • Sacramento, California • 95812 -0100 FAX (916) 341 -5463 • Internet Address: http: //w .mterboards.ca.gov The Honorable Steven Bromberg Mayor of City of Newport Beach City Hall 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 Dear Mayor Bromberg: REQUEST FOR EXCEPTION FOR DISCHARGES INTO AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE Arnold Schwarzenegger Gm" on" This letter is to acknowledge the receipt by the State Water Resources Control Board (State Water Board) of your letter dated December 16, 2004, requesting an exception from the California Ocean Plan (Ocean Plan) waste discharge prohibition for your discharges into the Newport Beach (a.k.a. Robert E. Badham) Area of Special Biological Significance (ASBS). The following specific information needs to be submitted, by May 31, 2006, to support the State Water Board's consideration of an exception to the Ocean Plan for discharges to ASBS: I. The discharger's name, address, and contact information. 2. Any applicable permit or order numbers, if the discharge is or has been regulated under a National Pollutant Discharge Elimination System (NPDES) Permit or Waste Discharge Requirements. 3. A signed statement requesting coverage under an exception from the ASBS waste discharge prohibition found in Sections III.E.I and III.H.2 of the Ocean Plan. 4. Documentation that shows that allowing the discharge of storm water runoff to continue will not compromise protection of ocean waters for beneficial uses. Note that one beneficial use is the preservation and enhancement of ASBS, which are defined as "those areas designated by the [State Water Board] as requiring protection of species or biological communities to the extent that alteration of natural water quality is undesirable." This means that any data that you may have on the status and description of marine life in the ASBS, and on the natural background of the ASBS, are relevant and must be submitted. At a minimum, you must submit a quantitative description of marine life near the discharge and at a reference location away from the discharge. 5. An assessment of all available historical data on discharge volume, chemical and physical constituents, toxicity, and indicator bacteria in the runoff and in the ambient marine water of the ASBS. At a minimum, the information must include the measurement of a representative California Enviromnehtal Protection Agency Qd Recycled Paper Attachment 4 7 -. Mayor Steven Bromberg -2- sample within the last two years or the upcoming storm season (runoff and adjacent marine receiving water) during a storm event for each of the following constituents: a. total Ocean Plan metals b. polynuclear aromatic hydrocarbons (PAHs) c. oil and grease d. ammonia nitrogen e. acute toxicity for a marine species f. critical life stage (chronic) toxicity for three marine species g. indicator bacteria including total coliform, fecal coliform (or E. coli), and enterococcus. The applicable Ocean Plan detection limits and other applicable monitoring requirements must be adhered to in performing this work. If you are responsible for more than ten municipal discharge points, then a representative sample must be (or have been) collected and analyzed for one of every ten discharge points. All samples must be collected during a storm event that is greater than 0.1 inch and at least 72 hours from the previously measurable storm event. Where feasible, the variance in the duration of the event and the total rainfall of the event should not exceed 50 percent from the average or median rainfall event in that area. 6. A characterization of the watershed areas draining to the ASBS in terms of land use, population density, and percentage of impervious surface. If there is land under your jurisdiction where pesticides or herbicides are applied, provide a listing of such treatments in terms of the chemicals and application rates. 7. A description of current treatment processes, pollution controls, and/or best management practices currently used or planned (with a schedule for implementation). 8. An analysis of alternatives to the discharge and their impacts if implemented. 9. Compliance history for drainages into the ASBS, including; any spills or upset events that resulted in the discharge of toxic or otherwise prohibited substances, including untreated or partially treated wastewater. 10. Documentation that shows that the public interest will be served by granting the exception. Please send this information to the State Water Board, Division of Water Quality, attention Dominic Gregorio, and to the Executive Officer of the Santa Ana Regional Water Quality Control Board (Santa Ana Water Board). The State Water Board is holding a workshop in Monterey on August 31, 2005 to discuss the ASBS exception process. At that workshop, staff will propose the concept of a general exception as one option for addressing storm water runoff into ASBS. The exception process may be amended following the workshop. However, any exception is likely to include minimizing or eliminating dry weather flows, and reducing pollutants draining to ASBS to maintain natural water quality in the receiving waters. In the meantime, you are requested to plan for and institute best management practices to eliminate or minimize dry weather flows and to reduce pollutants in storm water runoff. California Environrnei¢tal Protection Agency ea Recycled Paper Attachment 4 -; 0 Mayor Steven Bromberg -3- If the State Water Board issues an exception, the Santa Ana Water Board may allow your discharges to be covered under the Municipal Separate Storm Sewer Systems Phase I NPDES Permit, with appropriate provisions required in your storm water management plan. In all cases, the Santa Ana Water Board will enforce the mitigation measures described in the exception if it is granted by the State Water Board. If you have any questions, feel free to contact me at (916) 341 -5458 or smartinson @waterboards.ca.gov, or Dominic Gregorio, Chief of the Ocean Standards Unit, Division of Water Quality, at (916) 341 -5488 or dregorio@waterboards.ca.gov. Sincerely, Original signed by Stan Martinson, Chief Division of Water Quality cc: Mr. Gerard Thibeault, Executive Officer Santa Ana Regional Water Quality Control Board 3737 Main St. Suite 500 Riverside, CA 92501 Bee: Celeste Cantu, EXEC Tom Howard, EXEC Sheila Vassey, OCC John Ladd, DWQ Bruce Fujimoto, DWQ Dominic Gregorio, DWQ \\dwydata \data\ Data \Shared \OTHER \Secr\Stormwater Section \Ocean\ASBS city of Newport Beach. doc California Environmekal Protection Agency 0 Recycled Paper Attachment 4 'j l City of Newport Beach BUDGET AMENDMENT 2005 -06 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates rqx Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: X from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 06BA -053 AMOUNT: $38,750.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase and transfer expenditure appropriations for the Newport Coast Flow and Water Quality Assessment. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description _ 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Division Number Account Description _ Division Number 7012 General Fund - Drainage Account Number C5100810 Npt Coast Groundwater Source ID Division Number 7012 General Fund - Drainage Account Number C5100779 Npt Coast Watershed Assessment Division Number 7014 General Fund - Misc & Studies Account Number C5100805 Morning Canyon Stabilization Division Number Account Number Division Number Account Number Signed: —4- Fin)"!" Signed: Y Administ Signed: Approval: Administrative Services Director City Manager City Council Approval: City Clerk Amount Debit $13,750.00 $17,500.00 $7,500.00 Automatic Credit $38,750.00 Date Dat Date