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Agenda Item
ASR
Control 21-000281 |
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MEETING DATE: |
06/22/21 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
5 |
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SUBMITTING
Agency/Department: |
OC Public Works
(Approved) |
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Department contact
person(s): |
Amanda Carr (714) 955-0601 |
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Tracy Ingebrigtsen (714) 955-0687 |
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Subject: Approve Agreement with South
Coast Water District for Poche Clean Beach Project
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: N/A |
Current Year Cost:
N/A |
Annual Cost:
See Financial Impact Section |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 5/10/2016
#43, 4/14/2015 #28, 4/8/2014 #22, 5/21/2013 #76 |
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RECOMMENDED ACTION(S):
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1. |
Authorize the Director of OC Public Works or designee to execute the Cooperative Services Agreement between the County of Orange and the South Coast Water District for the Poche Clean Beach Project, effective July 1, 2021, through June 30, 2031, in an amount not to exceed $250,000 per year for a cumulative amount not to exceed $2,500,000. |
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2. |
Authorize the Director of OC Public Works or designee to execute future amendments to the Cooperative Services Agreement, provided those amendments would result in minor or technical changes that do not create or increase a financial obligation on the part of the County of Orange. |
SUMMARY:
Approval of the Cooperative Services Agreement with South Coast Water District will allow for continued operation and maintenance services of the Poche Clean Beach Project, an urban runoff treatment facility that reduces bacteria and improves surfzone water quality at Poche Beach.
BACKGROUND INFORMATION:
Poche Beach (Beach) is a County of Orange (County) owned beach located on the border of the City of Dana Point (Dana Point) and the City of San Clemente (City), open to all residents of Orange County and the public. On July 3, 2002, the San Diego Regional Water Quality Control Board issued a directive under Section 13225 of the Porter-Cologne Water Quality Control Act to the County and the City requiring implementation of measures to improve the quality of urban runoff discharging to the Beach.
On October 31, 2006, the Board of Supervisors (Board) authorized the County to accept a state Clean Beach Initiative grant of $1.5 million to construct the Poche Clean Beach Project (Project) urban runoff treatment facility. The Project was designed to address historical exceedances of surfzone bacterial quality standards at the Beach, which had also been subject to extended water quality advisories by the Orange County Health Care Agency. The Project targets urban runoff from the Prima Deshecha Canada Channel that discharges to the ocean at the Beach and has been identified as a significant source of bacteria. The Project formally initiated operation on July 23, 2010.
On July 24, 2007, the Board approved Joint Cooperative Agreement D07-033 with the City to share the costs for operation and maintenance of the Project. The cost-share responsibility is 40 percent for the County and 60 percent for the City. Cooperative Agreement D07-033 is effective through July 24, 2027.
On June 7, 2011, the Board approved Contract MA-080-11011725 with South Coast Water District (SCWD) for Project Long Term Operation Services (Services), in an amount not to exceed $200,000 for a one-year term, effective July 1, 2011, through June 30, 2012, with the option to renew for four additional one-year terms, per Board policy (as shown in the table below).
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Board Date |
Board Action |
Vendor |
Amount |
Effective Date |
End Date |
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May 22, 2012 |
Renew Agreement |
SWCD |
$200,000 |
July 1, 2012 |
June 30, 2013 |
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May 21, 2013 |
Renew Agreement |
SCWD |
$200,000 |
July 1, 2013 |
June 30, 2014 |
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April 8, 2014 |
Renew Agreement |
SCWD |
$200,000 |
July 1, 2014 |
June 30, 2015 |
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April 14, 2015 |
Renew Agreement |
SCWD |
$200,000 |
July 1, 2015 |
June 30, 2016 |
On May 10, 2016, the Board approved Contract MA-080-16011029 with SCWD for Services, in an amount not to exceed $200,000 for a five-year term effective July 1, 2016, through June 30, 2021, for a cumulative amount not to exceed $1 million.
As the local water and sanitary sewer district, SCWD has the geographic proximity and technical water treatment expertise to provide responsive, efficient and cost-effective operation of the Project. SCWD also owns and maintains the local sanitary sewer system where filter backwash from the Project is discharged. SCWD is best positioned to operate the Project in a manner that will preclude sanitary system damage or overflow. SCWD provides similar services to Dana Point for its urban runoff treatment facility at Salt Creek Beach. The Project has been fully and capably operated and maintained by SCWD staff, wherein their performance has consistently met and often exceeded County expectations under the terms of the Agreement.
Based on the geographic proximity and technical expertise of SCWD, and the ongoing regulatory need for long-term operation of the Project, OC Public Works recommends Board approval of the Cooperative Services Agreement MA-080-21011524 (Agreement) with SCWD for Services, for a 10-year term effective July 1, 2021, through June 31, 2031, in an amount not to exceed $250,000 per year for a cumulative amount not to exceed $2.5 million.
The Agreement is coming to the Board less than 30 days before its commencement due to additional negotiation time required with SCWD.
Compliance with CEQA: The proposed action is a necessarily included element of the Project considered in Final Mitigated Negative Declaration (MND) IP 02-150, previously adopted on December 17, 2002, and Addendum IP 03-183, approved on June 3, 2003, for the modifications to the Beach’s Structural Best Management Practice Water Treatment System Project; which together adequately addressed the effects of the Project. No subsequent changes have been made in the Project; no substantial changes have occurred in the circumstances under which the Project is being undertaken; and no new information of substantial importance to the Project that was not known or could not have been known when Final MND IP 02-150 and Addendum IP 03-183 were adopted have become known; therefore, no further environmental review is required.
FINANCIAL IMPACT:
Appropriations and revenue for this Agreement are included in the FY 2021-22 Recommended Budget for OC Watersheds, Budget Control 034, and will be included in the budgeting process for future years as follows:
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FY 2021-22 |
$250,000 |
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FY 2022-23 |
$250,000 |
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FY 2023-24 |
$250,000 |
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FY 2024-25 |
$250,000 |
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FY 2025-26 |
$250,000 |
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FY 2026-27 |
$250,000 |
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FY 2027-28 |
$250,000 |
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FY 2028-29 |
$250,000 |
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FY 2029-30 |
$250,000 |
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FY 2030-31 |
$250,000 |
If funding or appropriations are not forthcoming, or are otherwise limited, the County may immediately terminate or request modifications of this Agreement without penalty but shall reimburse SCWD for any costs incurred up to that time.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Cooperative Services Agreement
MA-08-21011524 with South Coast Water District
Attachment B - Redline Cooperative Services Agreement MA-080-21011524 Redline
Attachment C - Porter-Cologne Water Quality Control Act Section 13225