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HomeMy WebLinkAbout06 COOP AGREEMENT D08-104 07-21-09Agenda Item 6 ~' ,' Reviewed: ~~ AGENDA REPORT City Manager _ ~%[XP~' ~` ~- ~:~,* Finance Director NIA ;-r ~' MEETING DATE: JULY 21, 2009 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: TIM D. BEREFT, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: APPROVAL OF COOPERATIVE AGREEMENT D08-104 FOR THE NEWPORT BAY WATERSHED AND THE CENTRAL WATERSHED MANAGEMENT AREA, THIRD AMENDMENT AND FULL RESTATEMENT OF COOPERATIVE AGREEMENT SUMMARY At the February 18, 2009 Newport Bay Watershed Executive Committee meeting, the Committee approved changes to "Cooperative Agreement D08-104 for the Newport Bay Watershed and the Central Watershed Management Area, Third Amendment and Full Restatement of Cooperative Agreement", that refines the committee structure and restates its associated responsibilities. The agreement forms the partnership for member agencies to work together on issues in the watershed. The Cooperative Agreement is a standard form agreement, and has been approved by the Orange County Board of Supervisors and is now ready for approval by all the affected agencies. RECOMMENDATION It is recommended that the City Council approve "Cooperative Agreement D08-104 for the Newport Bay Watershed and the Central Watershed Management Area, Third Amendment and Full Restatement of Cooperative Agreement", and authorize execution of the agreement by the Mayor and City Clerk on behalf of the City. FISCAL IMPACT This agreement establishes a governance and decision-making process for the partnership, but it does not involve a financial commitment. Funding of the programs is handled through separate implementation agreements executed by the partners. BACKGROUND AND DISCUSSION In 1983, the Cities of Irvine and Newport Beach, The Irvine Company, the County of Orange and the California Department of Fish and Game entered into the "Cooperative Agreement for the San Diego Creek and Upper Newport Bay Watershed". The agreement was entered into for the purpose of providing a forum to evaluate and assess progress towards implementing the Comprehensive Storm Water Sedimentation Control Plan. The agreement established an executive committee consisting of a representative from each agency and made the committee responsible for reviewing and reporting the progress being made in implementing the Sediment Control Program. The agreement recognized that there were parties within the watershed that also had responsibilities for controlling sediment and that they may be required to participate in future project implementing agreements. Subsequently, this agreement was amended in 1985 to add the City of Tustin. Approval of Cooperative Agreement D08-104 for the Newport Bay Watershed July 21, 2009 Page 2 In December of 1997, the Upper Newport Bay Executive Committee convened to discuss the implementation of new Total Maximum Daily Load (TMDL) requirements for the Upper Newport Bay Watershed and the current watershed planning efforts. As a result, it was unanimously decided that the Committee should expand its role to other watershed issues beyond sediment impairments and add the Orange County Flood Control District, the City of Lake Forest, the Regional Water Control Board (Santa Ana Region) and the Irvine Ranch Water District to the Executive Committee. A second amendment to the agreement was signed in April 1999, to include these agencies. Since 1999, a number of changes that affect the cooperative agreement have occurred. Additional TMDLs were approved by the Regional Water Control Board, Santa Ana Region for the Newport Bay watershed. The State of California also required Integrated Regional Water Management Plans as a basis for grant funding under Proposition 50 and 84. In 2008, the Executive Committee authorized the agreement to be amended to address these changes. Cooperative Agreement D08-104 consolidates the original agreement and the two subsequent amendments into one document. The agreement formalizes the role of the executive committee to also address water quality issues, new TMDLs, and the Nitrogen and Selenium Management Program. In addition, the agreement creates the position of vice chair to the Executive Committee. The attached agreement has been reviewed and approved as to form by the City Attorney and by each of the parties' respective counsels. To date, the Cities of Newport Beach and Lake Forest, and the Irvine Ranch Water District, The Irvine Company, The County of Orange, and the Santa Ana Regional Water Quality Control Board have adopted this agreement. ~~ Tim D. Serlet Director of Public Works/City Engineer Dana R. Kasdan Engineering Services Manager Attachment: Cooperative Agreement for the Newport Bay Watershed and the Central Watershed Management Area, Third Amendment and Full Restatement of Cooperative Agreement D08-104 Approval of Coop Agmt D08-104.docx Agreement D08-109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT FOR THE NEWPORT BAY WATERSHED AND THE CENTRAL WATERSHED MANAGEMENT AREA THIRD AMENDMENT AND FULL RESTATEMENT OF COOPERATIVE AGREEMENT THIS THIRD AMENDMENT to the Cooperative Agreement is numbered D08-104 (hereinafter "COOPERATIVE AGREEMENT") and is made and entered into this day of 2009, by and between the County of Orange, the Orange County Flood Control District, the Cities of Irvine, Lake Forest, Newport Beach, Tustin, the California Department of Fish and Game, The Irvine Company, the Regional Water Quality Control Board, Santa Ana Region and the Irvine Ranch Water District. These entities are hereinafter sometimes jointly referred to as the "PARTIES" and individually as "PARTY". W I T N E S S E T H WHEREAS, on September 30, 1983, a COOPERATIVE AGREEMENT was entered into by the County of Orange, the Cities of Irvine and Newport Beach, The Irvine Company, and the California Department of Fish and Game to implement the Comprehensive Stormwater Sediment Control Plan (hereinafter "PLAN") in the San Diego Creek-Newport Bay Watershed (hereinafter "NEWPORT BAY WATERSHED") and established the Newport Bay Watershed Executive Committee; and, WHEREAS, the primary purpose of the PLAN is to reduce sedimentation of Newport Bay; and WHEREAS, the sediment affecting Newport Bay which originates in natural open space lands as well as lands disturbed by man for agricultural and urban uses; and, WHEREAS, if sedimentation of Newport Bay is not controlled, the State owned ecological preserve in upper Newport Bay may continue to be degraded and large amounts of sediment may be deposited in lower Newport Bay, thus impairing the valuable small boat, commercial and recreational land uses; and, - 1 - Final 2-10-09 Agreement D08-10~ 1 2 3 4 5 6 7 8 9 i 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2. On December 20, 2004, the Regional Water Quality Control Board, Santa Ana Region approved Order No. R8-2004-0021 regulating groundwater discharges in the NEWPORT BAY WATERSHED, resulting in the formation of the Nitrogen and Selenium Management Program to comprehensively address nitrogen and selenium issues; and, 3. On February 1, 2005, the Orange County Board of Supervisors, with input from cities and special districts, recommended the formation of three Watershed Management Areas, including a Central Watershed Management Area, comprised of the NEWPORT BAY WATERSHED and the Newport Coastal Streams Watershed, with the Newport Bay Watershed Executive Committee structure to serve as the model for governance of each Watershed Management Area; and, 4. The State of California has established requirements for Integrated Regional Water Management Plans as a basis for significant grant funding under Propositions 50 and 84 resulting in the preparation of the Central Orange County Integrated Regional and Coastal Watershed Management Plan in August 2007; and, WHEREAS, the PARTIES desire to broaden the range of cooperation to incorporate the water quality regulation, funding and governance issues described above and to expand the geographic area to include the Newport ',Coastal Streams Watershed, consistent with the boundaries of the Central Watershed Management Area (see Exhibit 1); and, WHEREAS, the PARTIES desire to amend and restate the COOPERATIVE AGREEMENT in its entirety; and, WHEREAS, the PARTIES intend to continue to implement the PLAN unchanged under the amended and restated COOPERATIVE AGREEMENT. NOW THEREFORE: The PARTIES hereto unanimously agree to amend and restate the COOPERATIVE AGREEMENT in its entirety as follows: - 3 - Final 2-10-09 1 2 3 4 ~i 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement D08-10~ quality and water resource issues described above and one or more of these other parties may be requested to participate in future PROJECT IMPLEMENTATION AGREEMENTS. Section 3. Executive Committee. Each of the PARTIES, except for the Orange County Flood Control District which shall be represented by the County, shall appoint a member and an alternate to an Executive Committee, to be called the Newport Bay Watershed Executive Committee. The members so appointed shall elect a chair and a vice chair to serve a two-year term. The Committee shall meet from time to time upon the request of the chair, but at least every six months. The Executive Committee shall be responsible for reviewing and reporting to the PARTIES as to whether adequate and reasonable progress is being made on sediment, water quality and water resource issues in the Central Watershed Management Area and recommending PROJECT IMPLEMENTATION AGREEMENTS. The Executive Committee may establish standing committees to support it in conducting its work. The goals and desired outcomes of the work of the Executive Committee are to: ~) Integrate and improve hydrologic functioning of the watershed to optimize flood protection, water conservation and water quality protection; ~) Protect, enhance, restore and connect habitat in the watershed; ~) Integrate economic development with watershed restoration efforts; 3) Facilitate watershed stewardship to support watershed goals; ') Build and sustain effective relationships between watershed stakeholders to achieve common goals through positive communication, collaboration, consensus and coordination; and, :) Create an effective, efficient, innovative, responsive, and transparent Executive Committee operation. - 5 - Final 2-10-09 Agreement D08-10~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 to implement Elements A and B of the PLAN. The intent of these efforts shall be to require use of the most cost effective measures for the management of sediment that is consistent with preservation of upper Newport Bay, as set forth in the PLAN. Section 5 PROJECT IMPLEMENTATION AGREEMENTS. Implementation of any cost-shared projects to address sediment, water quality and water resource issues shall be accomplished through PROJECT IMPLEMENTATION AGREEMENTS. PROJECT IMPLEMENTATION AGREEMENTS for the PLAN shall designate a lead agency and shall provide for funding the anticipated construction and maintenance costs. The PARTIES to this COOPERATIVE AGREEMENT as well as other parties in the watershed may be participants in these PROJECT IMPLEMENTATION AGREEMENTS. Section 6. Amendment. This Agreement may be amended only with the unanimous approval of all PARTIES. Section 7. Termination. The term of this COOPERATIVE AGREEMENT shall commence upon the date when all PARTIES have executed this document and shall continue until three or more of the PARTIES have withdrawn as provided in Section 9 below. Section 8. Project Funding. All PARTIES shall use their best efforts to aid the lead agencies designated in PROJECT IMPLEMENTATION AGREEMENTS in advocating for funding, including grants, to fund the cost-shared projects. Section 9. Withdrawal of PARTIES. Any of the PARTIES to this COOPERATIVE AGREEMENT may withdraw by giving written notice of withdrawal to the other PARTIES to this COOPERATIVE AGREEMENT. The balance of the PARTIES shall continue in the performance of the terms and conditions of this COOPERATIVE AGREEMENT unless and until the COOPERATIVE AGREEMENT is terminated as provided in Section 7 above. - 7 - Final 2-10-09 CITY OF TUSTIN Date: ATTEST: City Clerk 2009 By: Mayor APPROVED AS TO FORM: Cit Attorney of stin