HomeMy WebLinkAboutC-6023 - Defend the Bay Water Quality Improvement Projects AgreementJanuary 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
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 M. tin an eller:
This tette 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
ccs
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.
1 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.
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 Cit
David A. Webb, Director of Public Works
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92658-8915
DWebb aC)newporbeachca.gov
(949)644-3111
With a copy to:
City Attorney
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92658-8915
AHarp(o)newportbeachca.gov
(949)644-3131
Notice to TIC
Dan Miller
The Irvine Company
550 Newport Center Drive
Newport Beach, CA 92660
DMiller ,irvinecompany.com
(949)720-2853
January 14, 2015
Page 4
Notice to DTB
Bob Caustin
Defend the Bay
4101 Birch Street, Suite 150
Newport Beach, CA 92660
Bob .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,
u--,\ N 0
Dave Kiff
City Manager
[SIGNATURES ON NEXT PAGE]
January 14, 2015
Page 5
APPROVED AS TO FORM:
Date: l - 1 �-( .2015
Byr/ ' ly A, L --
Aaron C. Harp, City Attorney
IRVINE COMPANY LLC, a Delaware limited
liability company
Signed in Counterpart
By:
DEFEND THE BAY, INC. a California
corporation
M
Its:
Signed in Counterpart
ATTEST:
Date:—�I�--.T�, 2015
"in � bn2-
Leila6i
I. Brown, City Clerk
January 14, 2015
Page 5
APPROVED AS TO FORM:
Date:
2015
By:
Aaron C. Harp, City Attorney
IRVINE COMPANY LLC, a Delaware limited
liability company
By:
Its:
DEFEND THE BAY, INC. a California
corporation
ATTEST:
Date:
2015
Leilani I. Brown, City Clerk
January 14, 2015
Page 6
Date: 2015
M
Aaron C. Harp, City Attorney
IRVINE COMPANY LLC, a Delaware limited
liability company
Its:
DEFEND THE BAY, INC. a California
corporation
2
Its:
ATTEST:
Date: 2015
Leilani I. Brown, City Clerk
EXHIBIT A
Alternative Pro'ects for Big Canyon Project
See Exhibit A-1
" See Exhibit A-2
A13-00658/EXHIBIT A
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 access
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.
1 st 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, Frank
entrances at Big Canyon Nature Park, with
and Frances ("Fran") Robinson, City Council and the City.
monumentation generally similar in size and scope
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
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
support services in the preparation of the RRMP for City, which is estimated 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
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
$8,440
Updated Detailed Site Evaluation
$6,850
Biological Surveys
$71,770
Soil Surveys
$12,830
RRMP Draft Preparation
$40,200
RRMP Document Finalization
$12,100
Project -Related Meetings
$16,870
TOTAL PROJECT COST
$169,060
MEASURE M2 ENVIRONMENTAL CLEANUP PROGRAM
TIER 2 GRANT APPLICATION FORM
Project Title: City of Newoort Beach Big Canyon Restoration Wetlands
Pro'
Lead Agency Information
(Prosect Administrator responsible
for day -today prosect
implementation)
Name: John Kappeler
Title: WQ Manager
Address: 100 Civic Center Drive,
Newport Beach, CA 92660
Phone: 949-644-3218
Email:
jkappeler@newportbeachca.gov
Party:
Name: N/A
Title:
Agency:
Address:
Phone:
Email:
TOTAL PROJECT COST (TPC)
$ 2.278.400
Complete section "l." on next page to
calculate amounts below
TOTAL FUNDS REQUESTED
APPLICANT MATCH %
(50% min. minus reductions)
OVERMATCH COMMITMENT
(must be cash and cannot be from a
competitive M2 grant program)
APPLICANT MATCH AMOUNT
Project is part of a larger effort (drde)
Name: N/A
Tide:
Agency:
Address:
Phone:
Email:
1
J
$1,592,780
30%
0%
$682,620
Party:
Name: N/A
Title:
Agency:
Address:
Phone:
Email:
L Funding Request/Match Commitment:
Total Funds Requested ($5 million max)
$1,592,780
Match Reduction Percentages (30% 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)
❑ CEQA Certification (must be certified)
5% reduction
Subtract =%
❑ 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
• O&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
0%
program; see Part Two, #7)
Applicant Match Amount
(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.
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
As shown in Attachment A, an organization chart is provided depicting key project
individuals, their experience and responsibilities associated with the proposed project.
iv. Partnerships
State in what capacity the joint applicant/third party will be contributing to the project
(monetary contribution, time contribution, etc.) and explain the process and timing of
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 party 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.
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
As shown in Attachment A, an organization chart is provided depicting key project
individuals, their experience and responsibilities associated with the proposed project.
iv. Partnerships
State in what capacity the joint applicant/third party will be contributing to the project
(monetary contribution, time contribution, etc.) and explain the process and timing of
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 party 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.
V. Transportation Nexus
Describe how the project meets the transportation nexus definition. See page 12-1 and
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
associated with or adjacent to streets (e.g., median, parkway, and residential
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
El
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.
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
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
Canyon Creek Watershed. The BCTW will treat two types of flow conditions:
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
pollutants, including trash, metals, nutrients, organics (PAHs and pesticides),
(e.g., total suspended solids [TSS]), 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
controls inflow from the Big Canyon Creek pump station. During discharges from
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
7
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
drainage blanket. Water levels are controlled by a series of perforated and solid
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.
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
agency's priority?
Yes X No
xi. 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
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.
= 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.
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
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
250/o/12.4 M/yr
Metals
29.6%
Estimated Percentage of Dry -Weather Flow
170/o/8.4 MG/yr
Bacteria
33.3%
Estimated Total Dry Weather Flow Volume Fully
42%/20.8 MG/yr
Nutrients
11.1%
TSS
11.1%
100%
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
250/o/12.4 M/yr
Removed or Avoided (MG/yr)
Estimated Percentage of Dry -Weather Flow
170/o/8.4 MG/yr
Treated to Water Quality Standards (MG/yr)
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)
11
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)
How does the project increase levels of protection or mitigate a floodingproblem?
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)
nuw uues ure piuJeu pruvaue d recred11ond1 oenera ca me
The BOW 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 disturbed area 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:
http://www.newi)ortbeachca.ciov/index.asl)x?pane=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)
now ones cne oraiecc orovioe d ndoirdr oenenrr
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
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)
benerly Describe.
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
runoff.
13
e) Other (5 points maximum)
Describe any other benefit your project provides not previously addressed in a
In addition to the direct benefits the BCTW will provide in reducing transportation -
related pollutants, the system will also have the following benefits.
The BCNU 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
The City of Newport Beach's Public Works Department has scheduled this work into the
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)
If the project is multi jurisdictional, describe how it would provide a regional 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
anticlegradation 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 re uired to
14
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
http://www.waterboards.ca.gov/rwacbS/water issues/programs/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 limited 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'assodation could write a leiter
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
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
7) BONUS POINTS: Ability to Leverage Funding (5 points maximum, 1 point per 5%,
maximum 25%)
firm
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
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
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
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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
WJWM
_X_ Design / Concept Drawing
_X_ Digital Project Site Photos
_X_ Project Schedule
X Draft Resolution
_X_ Applicable Exhibits (refer to Tier 2 Guidelines)
t .'
* 15 plus years of PM
& water quality exp.
* 15 plus years of PM
& water quality exp.
City of Newport Beach- Public Works Department
Environmental Section
Robert Stein - Assistant
City Engineer
David Webb -Public Works
Director
Pat Thomas - City I
Engineer
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
& water quality exp.
John Kappeler-71
Manager
I
Shane Burckle - Water
Conservation Coord.
77
Jim Auger - Operations
Superintendent
*20 plus years of maintenance and inspection exp.
Organizational Chart for the Big Canyon Treatment Wetland Project
Concept Design for Big Canyon Treatment Wetland at Jamboree Road
..v .0..` 1
Big Canyon Treatment Wetland Process Flow Diagram
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)
Map of Big Canyon Treatment Wetland at Jamboree Road
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
1p lj� lj�
Site Conditions at Big Canyon Treatment Wetland
Site Conditions at Big Canyon Treatment Wetland
��i I I I'll 1 11, lilw
�•�'. • III.
City of Newport Beach Public Works Department
September 2013
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 function and contaminant removal efficiencies of the BCTW.
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
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 microbial ly-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).
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.
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.
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/GuidelinesSmalIDams.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.
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.
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.
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.
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 (Salix 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
"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
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 shrubs, 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 (Arundo donax), Castor Bean (Ricinus communis), Perennial
Pepperweed (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: http://www.edfa.ca.gov/wma, or the California Invasive Plant Council
website at: http://portal.cal-ipc.org/weedlist.
ff 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
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
Inspeptjon and Mainterfanoe ActivitiesSummary
Removal trash and debris
cr
• Remove minor sediment accumulation near inlet and outlet structures
y c
• Stabilize/Repair eroded banks and fill in animal burrows if present
m
• Remove any evidence of visual contamination from floatables such as oil and grease
a•
Eliminate pests and conditions suitable for creating ideal breeding habitat
j_
• 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
maintenance.
Z
• Correct problems associated with berm settlement
C
• 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
@
holding capacity
• Regrade main basin bottom to restore bottom slope and eliminate the incidence of
.01
standing pools
g `
• 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
11
Table 2. Routine Maintenance Standards — Stormwater Wetland Basins
Defect
Conditions When Maintenance
Results Expected When
Frequency
is Needed
Maintenance Is I�erformed
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
Accumulate
of sediment zone plus 6 inches
Sediment cleaned out.
storm events
(>0.75 in/24
in the sediment forebay. If
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
methods.
damage/
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.
surroundings
Monthly (or
Eradicate all noxious weeds;
as dictated by
control and prevent the spread
agreement
between City
Noxiouof
s
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.
12
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
Alicensed 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
missinglocks & hinges
13
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
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.
15
■ 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.
16
�Mowlh
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
Diversion3
0.105
183
25
12.4
Treatment°
0.071
183
17
8.4
Total Mitigations
0.176
183
42
20.8
1 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.
Z 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.
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.
5Three 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.
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.
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"� day of April, 2013.
!r
Keith D. Curry
Mayor
4�. t , f"
t_eilanl 1. Brown,
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
1, Lailani t. 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. 2013-36 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 2V day of April, 2013, and that the same
was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Peirce, Hill, Selich, Henn, Daigle, Mayor Curry
Nays None
IN WITNESS WHEREOF, t have hereunto subscribed my name and affixed the official seal of
said City this 20 day of April, 2013.
-
t/t.ViNdv� o�`s U"""
Citylerk
Newport Beach, California
(Seal)
COOPERATIVE AGREEMENT
FOR
SANTA ANA DELHI CHANNEL DIVERSION PROJECT
This Agreement is made and entered into this day of 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 Delhi Channel Diversion Project "Project" will
treat and divert upstream dry weather flows from entering Newport Bay and treat the first flush
of a storm event, as detailed per Santa Ana Delhi Channel Diversion Project Preliminary Design
Report Addendum No. 2 dated August 21, 2013 attached;
B. WHEREAS, the treatment process will provide for the removal of trash, debris, and sediment;
C. WHEREAS, the diverted flow will provide potential imgation for the adjacent golf course;
D. WHEREAS, Santa Ana has been awarded an OCTA Measure M2 grant that will fund
approximately 55% of the project management, design, construction management, and
construction costs up to $2.57 million; and
E. WHEREAS, the remaining funding for project management, design, construction management,
and construction shall be portioned per Attachment A.
CONTRACT TERMS AND CONDITIONS
1. Santa Ana will manage the Project, which includes the preparation of the construction
documents, obtaining the environmental clearance, permits, and approval, acquiring the right-
of-way, and administering the Measure M2 grant.
2. Santa Ana will supervise the iconstruction 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
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 by Flood Division.
8. Funds for the project, as established per the cost share agreement, shall be paid to Santa Ana
prior to award of the construction contract.
9. The design and construction progress payments shall be forwarded by Santa Ana to the other
Project Partners on a monthly basis.
10. Project Partners shall approve all significant design modification change orders, as set forth in
section 5 above, prior to Santa Ana authorizing the change to the Contractor.
11. Santa Ana shall provide notice to the Project
inspection and a site walk prior to issuing a Notic
12. For the purposes of
Contract for the Proj
conditioned under a r
and schedule a final construction
etion for the project.
Provisions Proposal and
e responsibilities will be
13. Santa Ana shall require that all consultants and the construction contractors hired by Santa Ana
for the Project shall provide the required insurance coverage for design and construction of the
Project. The Project Partners shall be named as additionally insured parties in the Construction
Special Provisions for the Project,
14. The following staff members, or as otherwise designated in writing by the Public Works
Director of the Cities, shall be the selected representatives to act on their City's behalf with
respect to this Agreement. Any, notices, requests, approvals, or communications shall be given
to each representative noted below:
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 Agreement Page 2 of 6
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,
concurrence, decision, determination 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 harm'..
and the County of Orange, its City Councils, Board of Su
from and against any and all loss, damages, liability,cla
damages of any nature whatsoever, including, but not
personal injury, property damages, or any other claims
active negligence of Santa Ana, its employees, or
obligations pursuant to this Agreement,;, and shall
reasonable costs incurred in defending any such claim.
18. Newport Beach shall indemr,
and County of Orange, its C
from and against any and all
damages of any nature wha
personal injury, property dal
active negligence of Newpoi
obligations pursuant to thi
reasonable costs incurred in d
WO
against
of any
active negligence of C,
obligations pursuant to
reasonable costs incurred
Newport Beach, Costa Mesa,
iisors, officers, and employees
, suits, costs and expenses for
ited to, bodily injury, death,
ised by the willful actions or
s in the performance of its
include attorneys' fees and other
save and hold harmless Santa Ana, Costa Mesa,
Board of Supervisors, officers, and employees
es, liability;' claims, suits, costs and expenses for
uding, but not limited to, bodily injury, death,
iy other claims caused by the willful actions or
employees, or agents in the performance of its
and shall include attorneys' fees and other
such claim.
defend, save and hold harmless Santa Ana, Newport Beach,
City Councils, Board of Supervisors, officers, and employees
loss, damages, liability, claims, suits, costs and expenses for
tsoever, including, but not limited to, bodily injury, death,
nages,;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
efending 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
l
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 �
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 and County of Orange have
authorized officers and 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
CITY OF COSTA MESA
By: Jim Righeimer, Mayor
By; city rlvrk
APPRO
By:
COUNTY OF ORANGE
By: County Supervisor
Signatures
Santa Ana Delhi Diversion Project Cooperative Agreement Page 5 of 6
P,
15 -Jan -15
Santa Ana Delhi Channel Funding Analysis/Budget
Newport
County of
Total
Estimated
Measure M
Beach
Santa Ana
Costa Mesa
Orange
IRWD
Contributions
Cost
Project Management
(Administration, Gra nt Application)
$20,000
$40,000
$60,000
$100,000
Design (Engineering, Environmental,
Permits, Right -of Way)(Assumes No
Cost for Land)
$370,000
$40,000
$40,000
$450,000
$340,000
Construction Management
(Administration, Inspetion, Survey,
Testing)
$100,000
$415,000
$20,000
1 $535,000
$515,000,
Construction
$2,070,000
$1,480,0001
$1,150,0001
1 $4,700,000
$5,646,000
Project Contigency
$375,000
$190,000
$565,000
$565,000
20 Year Maintenance
$225,840
TOTAL
$2,570,000
$1,500,0001
$1,900,000
$0
$1,400,0001
$0
$7,370,000
$7,391,840