HomeMy WebLinkAbout10 AG D99-047 NEWP BAY 04-01-02AGENDA REPORT
NO. 10
04-01-02
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
AGREEMENT D99-047 TO FUND A HUMAN HEALTH RISK ASSESSMENT
FOR NEWPORT BAY
SUMMARY
Agreement D99-047 provides for the funding of a Human Health Risk Assessment in response to
the adopted Total Maximum Daily Load (TMDL) allocation for fecal coliform in Newport Bay
established by the Santa Ana Regional Water Quality Control Board pursuant to the provision of
Section 303(d) of the Clean Water Act.
RECOMMENDATION
It is recommended that the City Council approve Agreement D99-047 "Agreement to Fund a
Human Health Risk Assessment for Newport Bay" and authorize the Mayor and City Clerk to
execute the agreement.
FISCAL IMPACT
The City's proportionate share for participating in this effort is $4,428.58 and is funded in the
Public Works Department FY 01/02 Operating Budget.
BACKGROUND
In January, 1999, the parties to the "San Diego Creek/Upper Newport Bay Watershed Cooperative
Agreement" amended the agreement to add the Orange County Flood Control District, the City of
Lake Forest, the Santa Ana Regional Water Quality Control Board, and the Irvine Ranch Water
District to the existing agreement. Additionally, the scope of the agreement was also expanded to
include working cooperatively on common water shed issues such as the TMDL requirements that
will enhance Newport Bay and the watershed area. Subsequently, the parties have determined
that undertaking a Human Health Risk Assessment (including pathogen modeling) will provide a
sound scientific basis for developing an appropriate TMDL implementation plan for fecal coliform.
The fecal coliform TMDL is based on controlling the bacterial quality in Newport Bay and ensuring
that beneficial uses in the Bay are protected.
The Santa Ana Regional Water Quality Board identified Newport Bay as a "water quality limited"
receiving water body in accordance with Section 303(d) of the Clean Water Act. This designation
indicates that applicable water quality standards are not being attained through the
implementation of technology based controls. The 303(d) list identifies pathogens as a stressor of
water quality impairments and a TMDL was established for fecal coliform in Newport Bay. A
TMDL is a method implementing water quality standards based on the relation between the
sources of pollutants and water quality conditions.
Agreement D99-047 to Fund a Human Health Risk Assessment for Newport Bay
April 1, 2002
Page 2
In an effort to respond to the Regional Board's TMDL requirement in a timely manner, IRWD
agreed to coordinate the completion of Human Health Risk Assessment and contracted with a
private company to complete the study for a cost of $261,000. The attached agreement specifies
the amount each stake holder is contributing to the study. The cities of Costa Mesa, Irvine, Lake
Forest, Newport Beach, Santa Ana and Tustin are each contributing an equal amount of
$4,428.58. The majority of the funding is being provided through grants from the Regional Water
Quality Control Board ($150,000) and the Water Environment Research Foundation ($50,000). In
accordance with the "Cooperative Agreement San Diego Creek/Upper Newport Bay" agreement
and the City's representation on the Upper Newport Bay Management and Executive Committees,
it is appropriate to participate in this agreement.
Attachment: Funding Agreement
TDS:klb/S:\City Council Items\02 City Council Items\Human Healthy Risk Assessment.doc
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Agreement No. D99-047
AGREEMENT TO FUND A HUMAN HEALTH RISK ASSESSMENT FOR NEWPORT BAY
THIS AGREEMENT, for purposes of identification hereby numbered D99-047, is
made and entered into this day of , 2001, by and between the
County of Orange, the Orange County Flood Control District, the Cities of Costa Mesa,
Irvine, Lake Forest, Newport Beach, Santa Ana and Tustin, and the Irvine Ranch Water
District, which are sometimes referred to individually as "PARTY" or collectively as
"PARTIES".
W I T N E S S E T H
WHEREAS, the California Regional Water Quality Control Board, Santa Ana
Region has adopted a Total Maximum Daily Load ("TMDL") allocation for fecal coliform
in Newport Bay pursuant to the provisions of Section 303(d) of the Clean Water Act;
WHEREAS, the PARTIES have determined that performing a Human Health Risk
Assessment ("HHRA") for fecal coliform will provide a sound scientific basis for
developing an appropriate TMDL implementation plan for fecal coliform;
WHEREAS, the Irvine Ranch Water District ("IRWD") has agreed to coordinate
the completion of the HHRA and, by separate action, IRWD has contracted with EOA,
Inc., a California Corporation ("CONTRACTOR"), to assist it in these efforts;
WHEREAS, the HHRA will include pathogen modeling and a health risk
assessment for the Newport Bay fecal coliform TMDL;
WHEREAS, the cost of performing the HHRA is two hundred and sixty one
thousand dollars ($261,000);
WHEREAS, the Water Environment Research Foundation, by separate action,
will contribute fifty thousand dollars ($50,000) for water quality modeling research;
WHEREAS, the California Regional Water Quality Control Board, Santa Ana
Region, by separate action, will contribute one hundred fifty thousand dollars
($150,000) to IRWD for the HHRA;
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Agreement No. D99-047
WHEREAS, The Irvine Company, by separate action, will contribute five
thousand dollars ($5,000) to IRWD for the HHRA;
WHEREAS, the City of Santa Ana, by separate action, will contribute four
thousand four hundred and twenty-eight dollars and fifty-eight cents ($4,428.58) to
IRWD for the HHRA;
WHEREAS, IRWD will contribute five thousand dollars ($5,000) for the HHRA
and has further agreed to provide at no cost all contract administration services; and
WHEREAS, pursuant to the approved budget for the National Pollutant
Discharge Elimination System Stormwater Permit Implementation Agreement, the County of
Orange ("COUNTY") will contribute twenty thousand dollars ($20,000) on behalf of the
COUNTY, Orange County Flood Control District and the Cities; and
WHEREAS the PARTIES to this AGREEMENT, except for IRWD, agree to share the
remaining twenty-six thousand five hundred and seventy-one dollars and forty-two cents
($26,571.42) cost of performing the HHRA:
NOW, THEREFORE, in consideration of the foregoing, the PARTIES agree as
follows:
Section 1. PURPOSE. This AGREEMENT is entered into for the purpose of
funding an HHRA in response to the fecal coliform TMDL for Newport Bay.
Section 2. TERM. The term of this AGREEMENT shall commence upon approval
and execution of this document by the last signatory to this AGREEMENT and shall
continue for a period of two years from that date but shall not extend beyond June 30,
2002.
Section 3. LEAD AGENCY. IRWD is designated as the Lead Agency for
coordinating the HHRA. As Lead Agency, IRWD shall coordinate all portions of the HHRA,
oversee the CONTRACTOR'S performance of work on the HHRA, collect funds from the
PARTIES, provide regular progress reports to the PARTIES on the work completed and theI
monies expended, review and, if appropriate, approve the HHRA work products following
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Agreement No. D99-047
consultation with the PARTIES and the California Regional Water Quality Control Board,
Santa Ana Region, use best efforts to assure work product submittal by the dates
specified in the fecal coliform TMDL and perform other administrative functions
necessary to carry out the intent of this AGREEMENT.
Section 4. FUNDING. Exhibit A, which is attached and by this reference is
made a part hereof, describes tasks in the HHRA and the cost share allocations for
PARTIES.
Section 5. PAYMENT. The PARTIES shall make payment of the full amount of
their respective cost share allocation described in Exhibit A to IRWD within sixty
(60) days of the approval date of this AGREEMENT. At the end of the AGREEMENT term,
IRWD will provide a final written accoun%ing of expenditures to each of the PARTIES.
If the expenditures are less than the cost share payments made by the PARTIES, IRWD
shall reimburse to each PARTY its prorated share of the excess within forty-five (45)
days of the final accounting.
Section 6. AMENDMENT. This AGREEMENT may be amended in writing only with
the unanimous approval of all of the PARTIES.
Section 7. TERMINATION. Any PARTY wishing to terminate its participation
in this AGREEMENT shall provide ninety (90) days written notice to all the other
PARTIES of its intent to withdraw. Such termination shall be effective ninety (90)
days after the notice is received. The terminating PARTY shall be responsible for
financial obligations hereunder to the extent incurred and agreed to by the PARTY
prior to the effective date of termination. The balance of the PARTIES may continue in
performance of the terms and conditions of this AGREEMENT on the basis of a revised
allocation of the costs in Exhibit A or may elect to terminate the AGREEMENT.
Section 8. AVAILABILITY OF FUNDS. The obligation of each PARTY is subject
to the availability of funds appropriated for this purpose, and nothing herein shall
be construed as obligating the PARTIES to expend or as involving the PARTIES in any
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Agreement No. D99-047
contract or other obligation for the future payment of money in excess of
appropriations authorized by law.
Section 9. NO THIRD PARTY BENEFICIARIES. Nothing expressed or mentioned in
this AGREEMENT is intended or shall be construed to give any person, other than the
PARTIES hereto, and any permitted successors, any legal or equitable right, remedy or
claim under or in respect of this AGREEMENT or any provisions herein contained. This
AGREEMENT and any conditions and provisions hereof is intended to be and is for the
sole and exclusive benefit of the PARTIES hereto and the others mentioned above, and
for the benefit of no other person.
Section 10. REFERENCE TO CALENDAR DAYS. Any reference to the word "day' or
"days" herein shall mean calendar day or calendar days, respectively, unless otherwise
expressly provided.
Section 11. ATTORNEYS FEES. In any action or proceeding brought to enforce
or interpret any provision of this AGREEMENT, or where any provision hereof is validly
asserted as a defense, each PARTY shall bear its own attorneys' fees and costs.
Section 12. ENTIRE AGREEMENT. This AGREEMENT is intended by the PARTIES as
a final expression of their agreement and intended to be a complete and exclusive
statement of the agreement and understanding of the PARTIES hereto in respect of the
subject matter contained herein. There are no restrictions, promises, warranties or
undertakings, other than those set forth or referred to herein. This AGREEMENT
supersedes all prior agreements and understandings between the PARTIES with respect to
such matter.
Section 13. SEVERABILITY. If any part of this AGREEMENT is held,
determined or adjudicated to be illegal, void, or unenforceable by a court of
competent jurisdiction, the remainder of this AGREEMENT shall be given effect to the
fullest extent reasonably possible.
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Agreement No. D99-047
Section 14. SUCCESSORS AND ASSIGNS. The terms and provisions of this
AGREEMENT shall be binding upon and inure to the benefit of the PARTIES hereto and
their successors and assigns.
Section 15. NOTICES. Ail notices required or desired to be given under
this AGREEMENT shall be in writing and (a) delivered personally, or (b) sent by
certified mail, return receipt requested or (c) sent by telefacsimile communication
followed by a mailed copy, to the addresses specified below, provided each PARTY may
change the address for notices by giving the other PARTIES at least ten (10) days
written notice of the new address. Notices shall be deemed received when actually
received in the office of the addressee or when delivery is refused, as shown on the
receipt of the U.S. Postal service, or other person making the delivery, except that
notices sent by telefacsimile communication shall be deemed received on the first
business day following transmission.
Director of Public Works
City of Costa Hesa
P.O. Box 1200
Costa mesa, CA 92628
Director of Public Works
City of Irvine
P.O. Box 19578
Irvine, CA 92623-9578
Director of Public Works
City of Lake Forest
23161 Lake Center Dr., %100
Lake Forest, CA 92630
Director of Public Works
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658
Director of Public Works
City of Tustin
300 Centennial Way
Tustin, CA 92680
Director, PFRD
County of Orange/OCFCD
P.O. Box 4048
Santa Aha, CA 92702-4048
Director, Water Quality
Irvine Ranch Water District
3512 Hichelsen Dr
Irvine, CA 92712
Section 16. OWNERSHIP OF DOCUMENTS. Upon completion of each HHRA task,
IRWD shall provide each of the PARTIES with a copy of all data collected and any HHRA
work product produced by the CONTRACTOR, with the exception of computer versions of
the models. The PARTIES shall not be limited in any way in their use of all data from
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Agreement No. D99-047
the HHRA, including but not limited to reports, files, plans, drawings,
specifications, proposals, sketches, diagrams and calculations, provided that any such
use not within the purposes of this AGREEMENT shall be at the sole risk of the PARTY
making that use. The PARTIES particularly state their intent to share information with
the public, as well as other entities in the Newport Bay watershed.
Section 17. EXECUTION OF AGREEMENT. This AGREEMENT may be executed in
counterpart and the signed counterparts shall constitute a single instrument.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT on the
dates opposite their respective signatures:
COUNTY OF ORANGE
A political subdivision of the State of
California
Date: By
Chairman of the Board of Supervisors
ORANGE COUNTY FLOOD CONTROL DISTRICT
A body corporate and politic
By
Chairman of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
Date:
APPROVED AS TO FORM
BENJAMIN P. DE MAYO
COUNTY COUNSEL
By
DARLENE J. BLOOM
Clerk of the Board of Supervisors of
Orange County, California
By
Deputy
Date:
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CITY OF COSTA MESA
Date:
ATTEST:
City Clerk
Agreement No. D99-047
By:
Mayor
APPROVED AS TO FORM:
City Attorney of Costa Mesa
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CITY OF IRVINE
Date:
ATTEST:
City Clerk
Agreement No. D99-047
By:
Mayor
APPROVED AS TO FORM:
City Attorney of Irvine
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CITY OF LAKE FOREST
Date:
ATTEST:
City Clerk
Agreement No. D99-047
By:
Mayor
APPROVED AS TO FORM:
City Attorney, City of Lake Forest
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CITY OF NEWPORT BEACH
Date:
ATTEST:
City Clerk
Agreement No. D99-047
By:
Mayor
APPROVED AS TO FORM:
City Attorney of Newport Beach
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CITY OF TUSTIN
Date:
ATTEST:
City Clerk
Agreement No. D99-047
By:
Mayor
APPROVED AS TO FORM:
City Attorney of Tustin
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IRVINE RANCH WATER DISTRICT
Date:
Agreement No. D99-047
By:
Chairman
APPROVED AS TO FORM:
Attorney for Irvine Ranch Water District
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Agreement No. D99-047
Exhibit A
NEWPORT BAY HUMAN HEALTH RISK ASSESSMENT FOR FECAL COLIFORM
Newport Bay Health Risk Assessment Contracted to: EOA
Inc.
Stakeholder Funding Agreement*
Regional Water Quality Control Board Grant
Project Contract No. 9-031-180-0
Water Environment Research Federation Grant
$261,000
$61,000
$150,000
$50,000
*FUNDING ALLOCATION FOR STAKEHOLDERS
Orange County NPDES Program (t,o be paid by COUNTY)
The Irvine Company~*
Irvine Ranch Water District
County/Orange County Flood Control District
City of Costa Mesa
City of Irvine
City of Lake Forest
City of Newport Beach
City of Santa Ana***
City of Tustin
$20,000.00
5,000.00
5,000.00
4,428.58
4,428.57
4,428.57
4,428.57
4,428.57
4,428.57
4,428.57
Total
$61,000.00
**TIC has contributed $5,000 through a separate action
**City of Santa Ana has contributed $4,428.57 through a separate action
TASKS TO BE COMPLETED AS PART OF HUMAN HEALTH RISK ASSESSMENT
1. Assist in Formulating Problem Statement
2. Participate in Developing Phased TMDL
3. Establish and Manage Health Advisory Committee
4. Develop Risk Assessment Work Plan
5. Conduct Health Risk Assessment
6. Integrate Health Risk Assessment Benefits and Costs
7. Develop an Ambient Monitoring Program
8. Develop and run water quality computer model for fecal coliform and other pathogen
indicators
D:CC/Agreements/TMDL HHRA Agreement Final 10-15-01
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