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HomeMy WebLinkAbout04 WATERSHED STUDY 09-05-00 NO. 4 09-05-00 AGENDA RE2ORT MEETING DATE: SEPTEMBER 5, 2000 ~ TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION AGREEMENT FOR CITY'S PARTICIPATION IN THE NEWPORT BAY/SAN DIEGO CREEK WATERSHED FEASIBILITY STUDY SUMMARY An Agreement has been developed by Orange County with input from the Cities of Tustin, Newport Beach, Costa Mesa, Santa Ana, Irvine, and Lake Forest as well as Irvine Ranch Water District, County of Orange/HBP, Orange County Flood Control District and The Irvine Company, for the sharing of costs related to an U.S. Army Corps of Engineers Feasibility Study in the Newport Bay/San Diego Creek Watershed. This study will identify specific structural and non- structural improvements to remediate channel instability, habitat loss, water quality concerns, recreational concerns and regulatory concerns. RECOMMENDATION It is recommended that the City Council approve the Agreement with the County of Orange to provide funding for the U.S. Army Corps of Engineers Feasibility Study in the Newport Bay/San Diego Creek Watershed and authorize execution of the Agreement by the Mayor and City Clerk. FISCAL IMPACT The City's share of this study will be $40,000 for the first year, and $40,000 for the second. These funds have been budgeted in the 00-01 FY Operating Budget. The total cost of the study is $2,340,500 with 50% of the cost being funded by the Federal Government and 50% by the members of the Upper Newport Bay Committee (see attachment). DISCUSSION The U.S. Army Corps of Engineers, in cooperation with the County of Orange, completed a Reconnaissance Study of the Newport Bay and San Diego Creek Watershed. This study concluded that conditions were present in the Watershed including: channel instability, habitat ' loss, increasing regulatory requirements, water quality and recreational concerns. As a result, the U.S. Army Corps of Engineers is prepared to perform a study to identify specific structural and non-structural improvements to address the conditions identified above. Federal interest has been certified in this project, which has the potential to benefit the City of Tustin as well as the region by bringing in federal dollars to the area to stabilize the streams, restore environmentally sensitive habitat and offer new recreational opportunities. Agreement for City's Participation in the Newport Bay/San Diego Creek Watershed Feasibility Study September 5, 2000 Page 2 The City of Tustin lies within the Newport Bay/San Diego Creek Watershed and is therefore among those agencies that will participate in associated water quality studies and remedial actions. The City has the option of performing these studies independently or in conjunction with other agencies. It is generally accepted that the least costly option is to participate in a cooperative effort. The Feasibility Study, will assist in the evaluation of projects to meet the Total Maximum Daily Load (TMDL) allocation requirements. The results of this work will be a programmatic Environmental Impact Statement/Report (EIS/EIR), a management plan for the watershed and a framework for Corps of Engineers' 404 permitting requirements for construction of recommended projects. The cost 'of the Feasibility Study is described in the Project Study Plan as $2,340,500. This is divided evenly between the Federal Government and the local sponsor (see attachment). The County entered into an agreement with the Corps of Engineers to be the local sponsor and to fund the local share. The County fronted the cost for the first year and is now requesting agreements with the ten stakeholder partners in the Watershed Study to establish the contributions for each at $40,000 per year for two years. The.ten stakeholders are the Cities of Newport Beach, Costa Mesa, Santa Ana, Irvine, Tustin, and Lake Forest, as well as Irvine Ranch Water District, County of Orange/HBP, Orange County Flood Control District and The Irvine Company. Upon City council approval and execution of the Agreement, the Public Works Director of Orange County will submit the final Agreement for approval to the Orange County Board of Supervisors. The Legal Council of Orange County has approved the Agreement. ~~ity Engineer Keith Linker Associate Civil Engineer TDS:KL:ccg:Agmt for Newport Bay SD Creek Study.doc, Attachments: Newport Bay/San Diego Creek Watershed Feasability Study, Cost Detail Sheet Agreement NEWPORT BAY/SAN DIEGO CREEK WATERSHED FEASIBILITY STUDY Potential Partners: City of Newport Beach City of Costa Mesa City of Santa Ana City of Irvine City of Tustin City of Lake Forest Irvine Ranch Water District County of Orange/HBP Orange County Flood Control District The Irvine Company Project Cost Summary: Total Project Cost 50% Local Share Two Year Split Local In-Kind Services Cash Contribution Partner Split $2,340,500 $1,120,250 (less $100k for spin-off study) $ 560,125 per Year $ 160,000 per Year $ 400,125 per Year $ 40,000 per year March 31, 1'999 AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE COUNTY OF ORANGE REGARDING THE NEWPORT BAY/SAN DIEGO CREEK WATERSHED MANAGEMENT FEASIBILITY STUDY WITH THE U.S. ARMY CORPS OF ENGINEERS, LOS ANGELES DISTRICT. This AGREEMENT is made and entered into this__ day of ,1999, by and between the County of Orange, hereinafter referred to as the "COUNTY", and the City of Tustin, hereinafter referred to as the "CITY". RECITALS WHEREAS, the COUNTY, and the CITY have identified certain issues regarding the condition of the Newport Bay/San Diego Creek watershed that include channel instability, increasingly arduous regulatory requirements, habitat loss, water quality and urban runoff concerns, and recreation opportunities; and WHEREAS, in response to these concerns, the U.S. Army Corps of Engineers, Los Angeles District, hereinafter referred to as "CORPS" has completed a Reconnaissance Study of the existing conditions of the watershed which is on file with the Tustin Public Works Department; and WHEREAS, the CORPS is now prepared to proceed with a Feasibility Study to further identify specific structural and non-structural improvements to remediate the issues raised by the COUNTY, the CITY, along with other cities and water agencies; and WHEREAS, the cities and water agencies wish to participate in the Feasibility Study Page 1 of 7 process with the CORPS and COUNTY as the Study will be of direct benefit to the cities, water agencies and citizens residing in the watershed; and WHEREAS, the purpose of the AGREEMENT is to memorialize the understanding of the parties as to how participation in the Feasibility Study will proceed and how costs will be shared. NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS: SECTION 1. FEASIBILITY STUDY PARTICIPATION. Each party hereto agrees that COUNTY shall act as the lead local agency ("LOCAL SPONSOR") for the participation in the CORPS' Feasibility Study. COUNTY shall, through this AGREEMENT and as the LOCAL SPONSOR, provide coordination, as appropriate, of the Feasibility Study status to each party hereto. The Feasibility Study is to be financed as a cost-shared project as follows: FEDERAL GOVERNMENT 5O% COUNTY, CITIES AND WATER AGENCIES 5O% Each party hereto shall contribute an initial $40,000 each to a trust fund maintained by the COUNTY Treasurer, created for the sole function of funding Feasibility Study participation with the CORPS, within sixty (60) days of execution of this AGREEMENT by the Orange County Board of Supervisors. Said contribution shall permit each party to act as a "Vested Agency" (sometimes collectively referred to herein as "VESTED AGENCIES") with the LOCAL SPONSOR during the Feasibility Study process and Shall be accounted for at the agreed upon pro-rata share. Page 2 of 7 In addition, the COUNTY and the VESTED AGENCIES may provide up to half of the 50% share for the Feasibility Study as in-kind services, subject to the terms and conditions established by the CORPS and with the concurrence of the other VESTED AGENCIES. Each party hereto agrees to contribute $40,000 for Year 2 Project funding. The COUNTY and the VESTED AGENCIE~ shall provide a local leadership role for the CORPS in the Feasibility Study process that includes the opportunity for providing identification and evaluation of issues to be included in the Feasibility Study process; communicating with other interests in the watershed regarding the status of the Feasibility Study process, including, but not limited to sending mailings, holding public meetings and soliciting comments as needed; providing in-kind services to the Feasibility Study process as appropriate to relieve fiscal burdens imposed by the process; reviewing and preparing timely comments on Feasibility Study drafts as appropriate. Each party hereto agrees to consider additional funding requests by the CORPS if agreed to in a manner approved in writing by the COUNTY and the VESTED AGENCIES for completion of the. Feasibility Study. SECTION 2. RECIPROCAL COOPERATION. Each party hereto shall cooperate with the COUNTY, the VESTED AGENCIES, and the CORPS in completing the Feasibility Study. SECTION 3. COST ACCOUNTING. COUNTY will obtain from the CORPS an accounting of all expenditures of all funds utilized for the Feasibility Study and shall request refund of any funds which are in excess of ultimate project cost of a proportionate basis to LOCAL SPONSOR and shall, in turn, refund as available to itself and the VESTED AGENCIES prorated shares of any Page 3 of 7 refunds received within 90 days after receipt thereof by COUNTY from CORPS in a ratio equal to participation in the Feasibility Study. SECTION 4. INDEMNIFICATION. To the extent permitted by law, each party hereto shall indemnify and save harmless the COUNTY, all other VESTED AGENCIES, their elected and appointed officials, agents, and employees from and against all claims, demands, loss or liability of any kind or nature which the COUNTY, a VESTED AGENCY, their elected and appointed . officials, agents, and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, or damage to property as a result of the negligence or wrongful act or omission by the COUNTY, any VESTED AGENCY, their elected and appointed officials, agents, employees, or invitees in carrying out the terms of this AGREEMENT or exercising the rights herein granted. SECTION 5. FORCE MAJEURE. Should the performance of the obligations of any party under this AGREEMENT be interrupted or delayed by any occurrence not occasioned by the conduct of by the conduct of any party to this AGREEMENT, whether that occurrence is an act of God, war, civil insurrection, fire, flood, storm, strikes, lockouts, or by any law, regulation, or order of any federal or state court, that party's performance under this AGREEMENT shall be excused for whatever period of time after the occurrence is reasonably necessary to remedy the effects of that occurrence. SECTION 6. NOTICES. All notices required or provided for under this AGREEMENT shall be in writing and delivered in person or sent certified mail, postage prepaid and addressed as follows: Page 4 of 7 IF TO COUNTY: Orange County Board of Supervisors 10 Civic Center Plaza Santa Ana, CA 92701 Attn. Clerk of the Board With a copy to: Director, Public Facilities & Resources Department 300 North Flower Street P. O. Box 4048 Santa Ana, CA 92702-4048 IF TO CITY: City of Tustin 300 Centennial Way Tustin, CA 92780 Attn: City Manager Any notice given as required herein shall be deemed given seventy-two (72) hours after deposit in the United States mail or upon receipt. A party may change its address for notices by giving notice in writing to the other party as required herein and thereafter notices shall be addressed and transmitted to the new address. SECTION 7. ENTIRE AGREEMENT. This AGREEMENT constitutes the entire understanding between the Parties regarding the participation in the Newport Bay/San Diego Creek Feasibility Study and supersedes all prior discussions or understandings of the Parties. Page 5 of 7 SECTION 8. WAIVER. No waiver of a breach hereof shall constitute a waiver of future breaches of that provision to this AGREEMENT. SECTION 9. CHOICE OF LAW. This AGREEMENT shall be construed according to the laws of the State of California. SECTION 10. AMENDMENTS. The provisions of this AGREEMENT may be amended only by mutual consent evidenced in a subsequent written instrument which states the amendment. SECTION 11. COUNTERPARTS. This AGREEMENT may be executed by the parties in counterparts which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. Page 6 of 7 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 By: Date: Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: COUNTY C~UNSEL ORA/4~..../O U N~_.~.OA//¢//~ N IA CITY OF TUSTIN By: Mayor ATTEST: Date: APPROVED AS TO FORM: CITY ATTORNEY CITY OF TUSTIN, CALIFORNIA City Clerk By: Page 7 of 7